* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. Call to Order] [00:00:05] CALL THE ORDER THE OCTOBER 9TH, 2024 MEETING OF THE PLANNING COMMISSION. THE CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION. THE PURPOSE OF PURPOSE OF WHICH IS TO ADVISE THE BOARD OF SUPERVISORS ON LAND USE AND PLANNING ISSUES AFFECTING THE COUNTY. THIS RESPONSIBILITY IS EXERCISED THROUGH RECOMMENDATIONS CONVEYED BY RESOLUTION OR OTHER OFFICIAL MEANS AND ALL, ALL OUR MATTERS OF PUBLIC RECORD. THE COMMISSION IS COMPRISED OF SEVEN CITIZEN VOLUNTEERS APPOINTED BY THE BOARD, WITH ONE REPRESENTING FROM EACH VOTING DISTRICT AND TWO AT LARGE. ROLL CALL PLEASE. MR. CHAMBERLAIN. HERE. MR. TITUS? HERE. MR. BROOKS? HERE. MR. KING? HERE. MR. KREER? HERE. MR. SMITH. MR. GLASSER. MR. CHAMBERLAIN, YOU HAVE A QUORUM. THANK YOU. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE JUSTICE FOR ALL. [4. Approve Minutes – September 11, 2024] OKAY, WE'VE GOT THE, UH, APPROVAL OF THE MINUTES FOR THE LAST MEETING. DOES ANYBODY HAVE ANY COMMENTS ON THE MINUTES? IF NOT, I'LL ENTERTAIN. I MOVE THAT WE ACCEPT MINUTES AS. ALRIGHT. MOTION'S BEEN MADE TO APPROVE THE MINUTES. ROLL CALL PLEASE. THE MOTION BY MR. TUS IS TO ALLOW THE MINUTES OF THE REGULAR MEETING ON SEPTEMBER 11TH, 2024. MR. TITUS? YES. MR. BROOKS? YES. MR. KING ABSTAIN. I WAS NOT AT THE MEETING. MR. COER? YES. MR. CHAMBERLAIN? YES. MOTION PASSES. ALRIGHT, [5. Citizen Comments] THIS IS THE TIME FOR THE CITIZEN COMMENT PERIOD. SO ANY CITIZEN WHO WANTS TO COMMENT ON ANYTHING THAT IS NOT ON THE AGENDA TONIGHT. SO ANY GENERAL COMMENTS FROM CITIZENS? HEARING NONE, WE'LL MOVE TO OUR [Application No. PD-59-24, EAH LLC: A request to amend the York County Zoning Map by reclassifying approximately 32.7 acres of land located at the northwest quadrant of the intersection of Marquis Center Parkway (Route 199) and Water Country Parkway (Route 640) from Economic Opportunity (EO) to Planned Development Mixed Use (PDMU) subject to voluntarily proffered conditions, for the purpose of establishing a mixed-use development consisting of 300 apartment units and 15.1 acres of commercial land. The subject property consists of an approximately 32.0- acre parcel (GPIN H13b-3278-4775) located at 200 Water Country Parkway and an approximately 0.7-acre parcel (GPIN H14d-3681-0790) located at 1569 Penniman Road (Route 641), and is designated Economic Opportunity in the Comprehensive Plan.] FIRST PUBLIC HEARING STAFF. ALL RIGHT, GOOD EVENING GENTLEMEN. UM, TONIGHT WE'RE GONNA BE DISCUSSING APPLICATION NUMBER PD 59 24 FOR MARQUE CROSSING. THIS IS AN APPLICATION TO REZONE 33 ACRES ON MARQUES CENTER, PARKWAY AND PENMAN ROAD FROM ECONOMIC OPPORTUNITY ZONING TO PLAN DEVELOPMENT, MIXED USE ZONING. I WANNA MENTION THAT YOU MIGHT, SOME OF YOU MIGHT RECOGNIZE THIS APPLICATION NUMBER AND THE TITLE OF THE APPLICATION. THIS WAS PREVIOUSLY SUBMITTED IN FEBRUARY OF THIS YEAR AND WENT BEFORE THE PLANNING COMMISSION AT YOUR FEBRUARY MEETING FOR CONSIDERATION. UM, THE RECOMMENDATION AT THAT MEETING WAS DENIAL. SINCE THEN, THE APPLICANT HAS MADE REVISIONS TO THE APPLICATION AND PRESENTS IT AGAIN TO YOU TONIGHT FOR YOUR CONSIDERATION. SO JUST TO RE-CONTEXTUALIZE US ALL WITH THE LOCATION OF THE PROPERTIES OF THE SUBJECT OF THIS APPLICATION. SO I'VE HIGHLIGHTED THEM IN THIS KIND OF CYAN COLOR HERE. COMPRISES THE PROPERTY ITSELF IN THE WHOLE SITE IS TWO PARCELS. SO IT'S THIS FIRST LARGER PARCEL HERE, WHICH IS ABOUT 32 ACRES. IT'S FOUNDED BY PENMAN ROAD, MARQUES CENTER PARKWAY OR ROUTE 1 99 AND WATER COUNTRY PARKWAY. THERE'S ALSO THIS SLIVER PARCEL RIGHT HERE, WHICH IS JUST UNDER AN ACRE IN SIZE. IT'S SANDWICHED BETWEEN THE ABANDONED RAILROAD SPUR HERE AND PENMAN ROAD. AS I MENTIONED EARLIER, BOTH THE PROPERTIES ARE ZONE EO. JUST TO DISCUSS THE SURROUNDING ZONING, WE HAVE PD OR PLAN DEVELOPMENT FOR WHITAKER'S MILL. WE HAVE LIMITED INDUSTRIAL PROPERTY. AND THEN THIS PIECE HERE, WHICH WAS REZONED AS PART OF THE COMPREHENSIVE REZONING EARLIER TO RC. ALSO WANNA BRIEFLY JUST TOUCH ON SURROUNDING DEVELOPMENT THAT'S ADJACENT TO THIS. AGAIN, WE HAVE WHITAKER'S MILL HERE. UM, VARIOUS DEVELOPED INDUSTRIAL PROPERTIES, KINGS CREEK TIMESHARES AND THEN TRANQUILITY PLAN DEVELOPMENT BEYOND THAT. WATER COUNTRY MARQUEE COMMERCIAL NORTH POD CROSS 60 FOURS, BUSH INDUSTRIAL PARK, AND THEN RESIDENTIAL SUBDIVISION. AND THEN WE HAVE THE HOTEL AND THE ENTERPRISE ON WATER COUNTRY PARKWAY. THAT'S AN AERIAL OF THE SITE, AGAIN, OUTLINED BOTH OF THEM IN THAT CYAN BLUE COLOR. AGAIN, YOU CAN KIND OF SEE THE CONFIGURATION OF IT AND AGAIN, TO DELVE INTO A LITTLE BIT MORE INTO THOSE SURROUNDING USES. SO THAT'S THAT HOTEL. WE HAVE THE ENTERPRISE FLEET SITE, WHITAKER'S MILL, AGAIN, [00:05:01] VARIOUS DEVELOPED INDUSTRIAL PROPERTIES, SOME NONCONFORMING SINGLE FAMILY HOME RIGHT HERE. AND THEN ON THIS SIDE, AGAIN, WE HAVE WATER COUNTRY RIGHT HERE AND THEN THE MARQUEE NORTH POD RIGHT THERE. AND THIS IS JUST A GOOD RENDERING OF THE SITE PROVIDED BY THE APPLICANT TO KIND OF GIVE YOU A PERSPECTIVE VIEW. SO WE'RE LOOKING NORTHEAST, UM, SO YOU CAN KIND OF SEE THE HOTEL THERE, WHITAKER'S MILL THERE. AND THEN THIS IS THE SITE ITSELF. IT'S UNDEVELOPED AND IS WOODED AT THE MOMENT. THESE ARE JUST SOME PERSPECTIVE PHOTOS. SO THIS IS STANDING AT THE INTERSECTION OF WATER COUNTRY AND ONE ROUTE 1 99. AGAIN, I'M LOOKING NORTHWEST SUBJECT PROPERTY THERE. AND THEN YOU COULD ALSO SEE THE TRAFFIC SIGNAL HERE FOR MARQUEE PARKWAY. AND THEN HERE IS GONNA BE WHERE THAT NEW FOURTH LEG OF THE INTERSECTION WILL GO STANDING ON PENMAN ROAD LOOKING SOUTH, YOU CAN SEE WHITAKER'S MILL HERE. AND THEN THIS IS THE SUBJECT PARCEL ON THE NOTE IN THIS PHOTO, YOU CAN ACTUALLY SEE A LITTLE BIT OF THAT ABANDONED, UM, CHEETAH MANIX RAILWAY THERE. SO REALLY BETWEEN THE PARCEL, THERE'S A SUBJECT PROPERTY, THE ABANDONED RAILROAD SPUR, AND THEN PENMAN MOVING NORTH ON PENMAN. AGAIN, STILL LOOKING SOUTH. THIS IS NEXT TO THAT SLIVER PARCEL. SO BECAUSE THAT SANDWICH ROUTINE PENMAN ROAD AND THE RAIL WOOD SPUR, IT COMES A LITTLE BIT CLOSER TO THE ROAD. AND THEN THIS IS NEXT TO THE INDUSTRIAL PROPERTIES. SO WHEN WE LOOK AT THESE KINDS OF APPLICATION AS STAFF, THE FIRST PLACE WE LOOK FOR REZONINGS ARE WHAT DOES THE COMPREHENSIVE PLAN SAY? WHAT GUIDANCE DOES IT GIVE US IN TERMS OF LAND USE AND THE INTENT FOR THIS AREA? AND DOES WHAT THE PROPOSED REZONING DOES IT FIT TO THE GUIDANCE IN OUR PLAN? SO YOU MIGHT RECALL IN THE RECENTLY ADOPTED COMPREHENSIVE PLAN, UM, THIS WAS NOVEMBER OF LAST YEAR, THE MIXED USE OVERLAY WAS REMOVED FROM THIS PROPERTY AND ACTUALLY IT WAS REMOVED FROM THE PLAN ENTIRELY. SO THIS PROPERTY HAS BEEN ZONED EO, UM, SINCE THE CURRENT ZONING ORDINANCE WAS ADOPTED IN 1995 AND MOVING FORWARD FOR THE PLAN ACKNOWLEDGES THAT MARQUEE IN THIS AREA IN GENERAL, UM, IS IN NEED OF COMMERCIAL DEVELOPMENT. THERE'S BEEN A LOT OF CHALLENGES FOR THAT. THERE'S BEEN CHALLENGES WITH LACK OF RESIDENTIAL DEVELOPMENT AND LOW DENSITY TO RESIDENTIAL DEVELOPMENT. WHAT MAKES COMMERCIAL CHALLENGING HERE? THE PLAN IDENTIFIES THIS AREA AS POTENTIALLY APPROPRIATE FOR MIXED USE. HOWEVER, I WANNA KNOW, AND I'M, AGAIN, YOU HAVE THAT LONGER QUOTATION IN YOUR STAFF REPORT, AND I'M JUST PULLING THIS SMALL QUOTATION THAT RESIDENTIAL DEVELOPMENT ON THIS PARTICULAR PROPERTY SHOULD BE CONSIDERED REALLY ONLY IN THE CONTEXT OF AN OVERALL MIXED USE STRATEGY. THAT INCLUDES THE MARQUEE NORTH POD. SO NOT NECESSARILY THIS PARCEL ALONE BEING SUITABLE FOR RESIDENTIAL OR A MIXED USE PLAN. SO THIS IS AGAIN, A DISCUSSION OF THE REVISED APPLICATION, UM, 300 APARTMENT UNITS. THAT'S A REVISION DOWN FROM 314 APARTMENT UNITS ON 15.83 ACRES. WE STILL HAVE THAT CONVENIENCE STORE GAS STATION FUEL USE ON 4.5 ACRES. UM, I WANNA NOTE A SCRIVENER'S ERROR IN THE STAFF REPORT THAT SAYS THREE AND A HALF ACRES, UM, IN A ONE OF THE, SO THE DEVELOPMENT PLAN GOT REVISED A COUPLE TIMES AND IN THE LATEST REVISION, UM, ONE OF THE LAND BASE WAS CHANGED TO INCLUDE A B MP, WHICH IS WHY YOU SEE THE INCREASE IN ACREAGE CAN DOWN AN INCREASE IN ANY, LIKE THE ACTUAL COMMERCIAL DEVELOPMENT, JUST THE LAND BASE CHANGE TO INCLUDE THAT BMP. AND AGAIN, WE HAVE MISCELLANEOUS COMMERCIAL DEVELOPMENT ON TWO OTHER LAND BASE ON 11.8 ACRES. SO WHAT DOES THAT LOOK LIKE ON THE REVISED MASTER PLAN? I'M GONNA KIND OF DISCUSS THE DIFFERENT COMPONENTS IN THIS REVISED MASTER PLAN FOR THE DEVELOPMENT. AND THEN I'M GONNA DELVE INTO THE RESIDENTIAL AND COMMERCIAL COMPONENTS EACH. I'M ALSO GONNA TALK ABOUT A LITTLE BIT THE PDMU PERFORMANCE STANDARDS IN OUR ZONING ORDINANCE AND HOW THIS PLAN MEETS OR MIGHT NOT MEET THOSE PARTICULAR STANDARDS. SO IN GREEN, THAT'S THE VILLAGE SQUARE RIGHT THERE. AND IN PURPLE IS LAND BABY, WHICH IS GONNA HAVE THE RESIDENTIAL COMPONENT. LAND BAY A IS GONNA HAVE THAT CONVENIENCE STORE TO FUEL, FUEL USE. UM, JUST FOR BREVITY SAKE, I'M GONNA REFER TO IT NOW AS THE CONVENIENCE STORE LAND BASE C, WHICH IS SHOWN HERE, UM, HYPOTHETICALLY CONTAINING THREE OUT PARCELS WITH UM, UNSPECIFIED COMMERCIAL AND LAND. BAY D HERE IS GONNA HAVE A MINIMUM OF 24,000 SQUARE FEET, A COMMERCIAL, BUT AGAIN, THAT'S NOT QUITE SPECIFIED AT THIS TIME. AND FINALLY, WE HAVE LAND BY F UM, THIS PARCEL REALLY IS TOO SMALL TO BE DEVELOPED, SO IT'S GONNA BE FACTORED IN AS OPEN SPACE FOR THIS DEVELOPMENT. SO YOU NOTICE IN YOUR PACKET YOU HAD A PHASING PLAN PROVIDED BY THE APPLICANT. SO PDUS ARE TYPICALLY BUILT IN PHASES AND THAT'S WHAT THE ORDINANCE STANDARDS ALSO ASK. SO WE HAVE A PHASE ONE, WHICH IS GOING TO COMPRISE OF THE RESIDENTIAL APARTMENT BUILDINGS AND THE DEVELOPMENT OF LAND BAY A, WHICH IS THAT CONVENIENCE STORE. SUBSEQUENT PHASES SUCH AS [00:10:01] PHASE TWO WOULD BE THE DEVELOPMENT OF LAND BASE C AND THEN LAND BAY D. SO IN THE ZONING ORDINANCE, ONE OF THE PDMU PERFORMANCE STANDARDS IS FOR AN OPEN SPACE COMPONENT AND PARTICULARLY THAT AT LEAST 10% OF THE ACREAGE OF THE DEVELOPMENT NEEDS TO BE RESERVED AS OPEN SPACE. THE APPLICANT PROVIDED THIS EXHIBIT WHICH SHOWS HOW THEY'RE GOING TO MEET, HOW THEY ARE MEETING THAT STANDARD. AND SO WHAT THEY'VE INCLUDED AT OPEN SPACE IS YARDS, BUFFERS, BMP AREAS, UM, SOME OF THE AREAS WITH RECREATIONAL AMENITIES SUCH AS LIKE THE DOG PARK AND THEN ALSO THE VILLAGE GREEN HERE. SO TOTALING THAT UP SIX POINT LITTLE BIT, SIX POINT A HALF ACRES, AND THAT DOES EXCEED THAT 10% MINIMUM. ADDITIONALLY, PME PERFORMANCE STANDARDS AS WELL AS THE RESIDENTIAL MULTIFAMILY PERFORMANCE STANDARDS IN THE ZONING ORDINANCE REQUIRE RECREATION AREAS FOR RESIDENTS. UH, IN THE MULTIFAMILY STANDARD SPECIFICALLY, THAT'S 400 SQUARE FEET PER UNIT. APPLICANT HAS AGAIN PROVIDED AN EXHIBIT WHICH SHOWS HOW THEY MEET THOSE MINIMUMS. SO YOU SEE HERE THEY'RE CALLING OUT THE REC AREA, UM, SIDEWALK NEXT TO THE BMP OF THE PICKLEBALL COURTS THERE, TOWN SQUARE AND VILLAGE GREEN, WHICH I'M GONNA DISCUSS THAT A LITTLE FURTHER IN DEPTH IN A MINUTE. WHAT THAT EXACTLY IS AN AREA WA WALKING PATH. THIS AREA IS A POOL DECK, THE DOG PARK, AND THEN A SIDEWALK CONNECTION HERE IN THE BMP. DO YOU WANNA MAKE A NOTE THAT THESE SIDEWALK CONNECTIONS, THERE IS A PLANNED RAIL TRAIL ALONG THE ABANDONED CHEETAH MANS RAILWAY. IT HASN'T BEEN FUNDED YET, SO WE DON'T KNOW WHEN THAT'S ACTUALLY GONNA BE CONSTRUCTED, BUT THAT'S THE INTENT OF THOSE CONNECTIONS. I'M GONNA EXPLAIN WHAT'S SHOWN HERE AS THE TOWN SQUARE OF THAT VILLAGE GREEN. SO IN THE PDME PERFORMANCE STANDARDS REQUIRES A PORTION OF THAT OPEN SPACE TO BE A COMMON VILLAGE GREEN OR TOWN SQUARE THAT IS KIND OF A CENTRAL GATHERING PLACE AND SERVES AS A COMMON AMENITY FOR THE RESIDENTS OF THE DEVELOPMENT AND PEOPLE VISITING. SO THE APPLICANT HAS PROPOSED TO MEET THAT REQUIREMENT BY PROVIDING THIS TOWN SQUARE, WHICH IS THIS KIND OF THE CENTRAL LAWN HERE. IT'S GONNA HAVE SOME SIDEWALKS AND BENCHES. ALL RIGHT, SO I'M GONNA KIND OF DISCUSS THE COMMERCIAL ASPECT OF THE MASTER PLAN. SO THE PERFORMANCE STANDARDS FOR PDMU REQUIRE A CERTAIN PERCENTAGE OF COMMERCIAL DEVELOPMENT AS COMPARED TO THE GROSS ACREAGE. SO THE MINIMUM IS 1000 SQUARE FEET OF COMMERCIAL PER ACRE. IF LAND BASE C LAND BAY A AND LAND BY D, ALL THE COMMERCIAL IN THAT IS CONSTRUCTED, THEY WOULD ACTUALLY EXCEED THAT MINIMUM WITH 1438 SQUARE FEET PER ACRE. I DO WANNA NOTE FOR HOWEVER THOUGH, IF ONLY THE CONVENIENCE STORE COMPONENT IN LAND BAY A IS CONSTRUCTED AND D AND C ARE NEVER REALIZED, THAT WOULD DROP TO ONLY 196 SQUARE FEET PER ACRE, WHICH WE'D BE BELOW THAT MINIMUM. ONE OF THE PROFFERS THAT THE APPLICANT HAS OFFERED IS FOR THIS PARCEL HERE, MAKING THAT PAD READY. SO THE KIND OF WHAT THAT MEANS IS GRADING IT OUT, EXTENDING UTILITIES TO THE SITE, AND ALSO PRODUCING AN APPROVED AND RECEIVING APPROVAL FOR A SITE PLAN FOR THE CONVENIENCE STORE BEFORE OBTAINING A LAND DISTURBING ACTIVITY PERMIT FOR THE MULTIFAMILY BUILDING. WHAT A LAND DISTURBING ACTIVITY PERMIT IS, IS THAT'S THE PERMIT THAT ALLOWS YOU TO BREAK GROUND AND THEN START GRADING YOUR SITE AND TAKING DOWN TREES AND THOSE ITEMS. THE OTHER COMPONENT OF THIS MASTER PLAN IS THE RESIDENTIAL DEVELOPMENT. NOW THIS HAS CHANGED QUITE A BIT FROM WHEN IT WAS LAST BEFORE THE COMMISSION. THE APARTMENT BUILDINGS WERE SHIFTED KIND OF AWAY FROM WHITAKER'S MILL NORTH ON THE SITE. ADDITIONALLY, I WANNA CALL OUT THESE TWO BUILDINGS HERE. THESE ARE FOUR STORIES IN HEIGHT. THIS SOUTHERLY ONE HERE IS FOUR STORIES AND THEN DROPS DOWN TO THREE STORIES. THAT WAS TO ADDRESS SOME OF THE CONCERNS PREVIOUSLY RAISED BY THE COMMISSION AND SOME OF THE RESIDENTS OF WHITAKER'S MILL REGARDING HOW TALL THE BUILDINGS WERE IN CONJUNCTION TO HOW CLOSE THEY WERE TO THE RESIDENCE. THE PERFORMANCE STANDARDS FOR PD E WILL OUTLINE A GUIDELINE FOR DENSITY OF RESIDENTIAL AS COMPARED TO ACREAGE WITH REALLY A SUGGESTED MAXIMUM OF 10 UNITS PER ACRE. THE APPLICANT DOES MEET THAT STANDARD. ADDITIONALLY, WE HAVE THE PROVISION OF SEVERAL RESIDENTIAL AMENITIES, WHICH I TOUCHED ON ALREADY. I DO WANNA NOTE THERE IS ONE PERFORMANCE STANDARD AND GUIDELINE THAT'S IN THE ZONING ORDINANCE THAT IS NOT ACHIEVED IN THIS DEVELOPMENT. SO IN THE ZONING ORDINANCE, THE GENERAL GUIDELINE IS 40% OF RESIDENTIAL BUILDINGS SHOULD HAVE SOME SORT OF COMMERCIAL COMPONENT LIKE AS GROUND FLOOR, LIKE GROUND FLOOR RETAIL OR GROUND FLOOR OFFICE. HOWEVER, ALL OF THESE RESIDENTIAL BUILDINGS ARE PURELY RESIDENTIAL, SO DOES NOT MEET THAT REQUIREMENT. [00:15:02] ADDITIONALLY, THE APPLICANT IS REQUESTING SOME RELIEF FROM THE PROVISIONS OF SECTION 24 1 4 4 AND THE ZONING ORDINANCE. THAT'S OUR MULTI-FAMILY. UM, APARTMENT BUILDING PERFORMANCE STANDARDS, THERE'S QUITE A FEW. SO, AND A LOT OF THESE ARE PRACTICAL IN NATURE. EXAMPLE ONE IS THE WIDTH OF THE LANDSCAPE YARD. NORMALLY THAT'S 25 FEET. HOWEVER, THESE ARE TALLER BUILDINGS. SO FIRE APPARATUS ACCESS AND FIRE CODE DEMANDS THAT THESE BE LESSENED SOMEWHAT SO THEY CAN SAFELY GET TO THOSE PEOPLE IF IN CASE OF AN EMERGENCY. ADDITIONALLY, LIKE LENGTH OF THE BUILDING, UM, NUMBER OF UNITS PER BUILDING, THE, THE DEFAULT AND THE PERFORMANCE STANDARDS IS 12 UNITS PER BUILDING. AND THEN DISTANCE OF RECREATION FROM THE BUILDING. SO LIKE, AGAIN IN THE PERFORMANCE STANDARDS THAT SAYS 75 FEET. HOWEVER, DUE TO THE DESIGN OF THE SITE, THESE ARE LOCATED CLOSER THAN THAT. I ALSO WANNA NOTE TOO, THAT IN THE PREVIOUS APPLICATION THE APPLICANT PROPOSED A PARKING REDUCTION. THEY ARE NOT REQUESTING THAT THIS TIME AND DUE DISPLAY, THE REQUIRED PARKING PDMU GUIDELINES ALSO OUTLINE SOME, YOU KNOW, WE WANTED AESTHETICALLY ATTRACTIVE DEVELOPMENT. AND SO THE APPLICANT PRODUCED A RENDERING AND THEN ALSO PROFFERED THAT THEY WILL ADHERE TO THIS. THEY HAVE LIKE DESIGN GUIDELINES THAT PRODUCE THEY'RE GONNA ADHERE TO AS WELL AS THIS RENDERING. AND SO THIS IS A REVISED RENDERING FROM WHAT YOU SAW IN FEBRUARY. THIS SHOWS THAT BUILDING STEPPED DOWN FROM THE FOUR TO THREE STORIES. ANOTHER IMPORTANT PIECE I WANNA CALL OUT IS ON THE MASTER PLAN. YOU SEE THESE THREE HATCHED AREAS AND WHAT THESE REPRESENT ARE AREAS WHERE THE APPLICANT HAS REQUESTED TO CLEAR THE GREEN BELT BUFFER ON ROUTE 1 99. SO 1 99 IS DESIGNATED AS A GREEN BELT ROAD. THAT MEANS THAT 45 FEET FROM THE RIGHT OF WAY LINE, WE HAVE A GREEN BELT. NOW WHAT A GREEN BELT TYPICALLY IS, IS IF YOU HAVE MATURE WOODS, THOSE NEED TO BE PRESERVED AND YOU CAN'T CLEAR THEM EXCEPT WITH THE EXPRESS PERMISSION BY THE BOARD. UM, THERE'S SOME INSTANCES WHERE YOU COULD DO THAT BY, RIGHT? FOR EXAMPLE, IF YOU'RE BUILDING A SIDEWALK OR DOING A DRIVEWAY ENTRANCE, YOU CAN CLEAR TO ACCOMMODATE THAT. BUT IN ALL, MOST OTHER INSTANCES YOU NEED TO OBTAIN PERMISSION FROM THE BOARD, WHICH IS WHY IT'S INCLUDED IN THIS APPLICATION. I DO WANNA NOTE THAT THE APPLICANT STATES THAT THERE, THERE'S A REALLY PRACTICAL REASON THEY'RE REQUESTING TO CLEAR IN THESE AREAS, AND THAT'S DUE TO THE TOPOGRAPHY OF THE SITE. YOU'LL SEE KIND OF SHADED IN THE RED AND ORANGE HERE. THERE'S SOME VERY STEEP SLOPES IN THE AREAS WHERE THEY'RE PROPOSING TO CLEAR AND TO STABILIZE THE SITE AND GRADE IT THEY NEED TO CLEAR IN ORDER TO ACCOMMODATE THAT. AND I JUST ZOOMED IN ON THAT A LITTLE MORE TO MAKE IT A LITTLE BIT EASIER TO SEE STAFF NOTES THAT WE, IT'S REASONABLE THAT, AGAIN, SOME CLEARING WOULD NEED TO OCCUR TO AGAIN GRADE AND STABILIZE THE SITE. HOWEVER, THIS IS A GREEN BELT CORRIDOR AND WE WANT TO HAVE IT REPLANTED. SO WE'VE INCLUDED A PROPOSED CONDITION THAT REQUIRES THE GREEN BELT TO BE REPLANTED WITH EVENLY DISPERSED VEGETATION. THESE ARE JUST TWO PHOTOS. UM, IF YOU HAVEN'T HAD A CHANCE TO TAKE A SITE VISIT SHOWING THOSE DRAINAGES IN THE TOPOGRAPHY AS WELL. SO THIS IS A LARGE NEW PROPOSED DEVELOPMENT AND THERE'S GONNA BE TRAFFIC IMPACTS. SO THE APPLICANT PRODUCED AND GAVE TO STAFF IN VDOT A TRAFFIC IMPACT ANALYSIS. WHAT THE, I'M GONNA ABBREVIATE IT FOR TIA FOR SHORT. WHAT A TIA DOES IS THAT THE CONSULTANT RATHER AND THE TRAFFIC ENGINEER PRODUCE CHIP GENERATION FIGURES. THEY LOOK AT BACKGROUND TRAFFIC, THEY LOOK AT OTHER POTENTIAL DEVELOPMENTS COMING ONLINE AND WHAT TRAFFIC THOSE ARE GOING TO PRODUCE. AND THAT ANALYSIS LEADS THEM TO WHAT, WHAT IS, WHAT'S HAPPENING ON THE EXISTING ROADWAY NETWORK? WHAT CAN IT CURRENTLY HANDLE? WHAT MIGHT HAPPEN IF THIS IS BUILT OUT? AND THEN WHAT IMPROVEMENTS NEED TO BE MADE TO ACCOMMODATE THAT. UM, I WILL SAY THAT VDOT DID REVIEW THE TRAFFIC IMPACT ANALYSIS AND THEY HAVE APPROVED IT. SO TO SEGUE INTO TALKING ABOUT SOME OF THESE PROPOSED AND PROFFERED TRAFFIC IMPROVEMENTS. SO ROUTE 1 99 IS WHAT'S CALLED A LIMITED ACCESS HIGHWAY. AND FOR THOSE OF YOU WHO AREN'T FAMILIAR WITH THAT TERM, WE HAVE TWO OF THOSE IN THE COUNTY. ROUTE 1 71 AND THEN A PORTION OF 1 99. WHAT A LIMITED ACCESS HIGHWAY IS, IS BASICALLY YOU CAN'T CREATE NEW DRIVEWAY ENTRANCES, IT'S 'CAUSE IT'S LIMITED ACCESS. THE ONLY WAY YOU CAN DO THAT IS YOU GET PERMISSION FROM THE COMMONWEALTH TRANSPORTATION BOARD, WHICH IS WHAT THE PROPERTY OWNER HAS DONE. UM, KIND OF STARTED THE PROCESS IN 2019 AND THEN THE COUNTY ENDORSED THAT, WENT THROUGH VOT AND WENT IN BEFORE THE COMMONWEALTH TRANSPORTATION BOARD IN 2021, THEY DID GRANT APPROVAL OF TWO BREAKS SHOWN IN THE YELLOW HIGHLIGHT ONE'S AT THE SIGNAL HERE WITH MARQUEE PARKWAY. THE OTHER ONE IS IN FRONT OF THAT WATER COUNTRY ENTRANCE. AND THIS IS REALLY DONE TO MAKE THE COMMERCIAL, THE PROPERTY COMMERCIALLY VIABLE. SO I'M GONNA DISCUSS THE PROPOSED TRAFFIC IMPROVEMENTS. [00:20:01] SO NOTING THAT THE SITE IS PHASE, I'M GONNA KIND OF TALK ABOUT THE TRIP GENERATION FOR PHASE ONE AND THEN PHASE TWO AT FULL BUILD OUT. AND THEN BECAUSE THERE'S CERTAIN IMPROVEMENTS THAT ARE REQUIRED AT THOSE DIFFERENT PHASES, FOR PHASE ONE, WE'RE LOOKING AT ABOUT 6,300 DAILY TRIPS. THAT INCLUDES THE CONVENIENCE STORE AND FUEL AS WELL AS THE APARTMENTS TO ACCOMMODATE THAT. THE APPLICANT HAS PROFFERED A FULL ACCESS ENTRANCE HERE WITH TURN TAPERS, A RIGHT LANE TURN TAPER HERE, AND THEN SIGNAL TIMING IMPROVEMENTS TO ACCOMMODATE THIS NEW FOURTH LEG OF THE INTERSECTION. AND THIS ENTRANCE HERE INITIALLY WITH PHASE ONE IS GOING TO BE A RIGHT IN RIGHT OUT ONLY ENTRANCE FOR, FOR PHASE TWO. THAT'S THE DEVELOPMENT OF LAND BASE C AND THEN LAND BAY D AT FULL BUILD OUT. AND I JUST WANNA NOTE, FOR TRIP TRIP GENERATION PURPOSES, A TRAFFIC ENGINEER ASSUMED THAT LAND BASE C ALL THREE OF THESE OUT PARCELS WOULD BE FAST FOOD RESTAURANTS, WHICH GENERATE A LOT OF TRAFFIC. AND THEN FOR LAND BAY DA STRIP RETAIL PLAZA, WE'RE ADDING ABOUT 8,200 DAILY TRIPS. SO THAT WARRANTS THIS INTERSECTION BEING UPGRADED TO A RIGHT OUT LEFT IN AND THEN RIGHT IN, SO YOU HAVE THE CONSTRUCTION OF A RIGHT TURN TAPER, A LEFT TURN LANE, LOOKING A LITTLE BIT CLOSER AT THE OTHER INTERSECTION IMPROVEMENTS LAND BAY D WHEN THAT'S CONSTRUCTED WOULD HAVE A FULL ACCESS ENTRANCE. NOW AT FULL BUILD OUT, IF EVERYTHING ON THIS SITE IS DEVELOPED, WE'RE LOOKING AT ABOUT 14,500 DAILY TRIPS. SO WHAT THE APPLICANT HAS PROFFERED WITH THE CONSTRUCTION OF LAND BAY D THE LEFT TURN LANE INTO WATER COUNTRY PARKWAY, IS GONNA BE EXTENDED BY 75 FEET TO ACCOMMODATE TRAFFIC QUEUING. MOVING INTO COMMUNITY IMPACTS, UM, I'M GONNA VERY BRIEFLY TOUCH ON THE PHYSICAL IMPACT ANALYSIS, UM, THAT WAS PRODUCED AND GIVEN TO STAFF FOR REVIEW. THE CONSULTANT WHO PREPARED THAT PHYSICAL IMPACT ANALYSIS ESTIMATED AT ANNUAL REVENUE AT FULL BUILD OUT, AND THAT'S INCLUDING LIKE COMMERCIAL AND PROPERTY REAL ESTATE TAXES, PERSONAL PROPERTY TAXES, SALES MEAL, HISTORIC TRIANGLE TAX, AND THEN SOME MISCELLANEOUS TAXES LIKE CIGARETTE TAX, A LITTLE OVER A MILLION DOLLAR NET REVENUE. UM, I DO WANNA NOTE THAT THERE'S A SM A DISCREPANCY WITH IN THE CALCULATION FOR PERSONAL PROPERTY TAXES. FOR THE RESIDENTIAL LIKE RESIDENTIAL VEHICLES, THE CONSULTANT DID USE A FIGURE OF $29,000 FOR AVERAGE VEHICLE VALUE. HOWEVER, WHEN QUERIED, THE COMMISSIONER OF THE REVENUE SAID THAT THE AVERAGE VEHICLE VALUE IN THE COUNTY IS MORE $12,000, THE OTHER IMPACT IS SCHOOLS. SO WITH ANY NEW RESIDENTIAL DEVELOPMENT, THERE'S GONNA BE STUDENTS PRODUCED FROM THAT. SO EXCEPT IF IT'S AGE RESTRICTED. SO FOR PURPOSES OF, OKAY, HOW DO, HOW DO WE GET A FIGURE AT A STUDENT GENERATION FIGURE FOR THIS POTENTIAL DEVELOPMENT? SO WHAT WE DID IS WE LOOKED AND THE APPLICANT LOOKED AT THREE COMPARABLE DEVELOPMENTS THAT ARE ALREADY IN THE COUNTY COMMONWEALTH AT YORK APARTMENTS, THE BEND ARBORDALE, AND THEN THE WHITWORTH DEPARTMENTS. SO WE, SO WE LOOK AT WHAT'S THE TOTAL NUMBER OF UNITS IN THOSE DEVELOPMENTS, AND THEN WE LOOK AT THE ACTUAL NUMBER OF STUDENTS ATTENDING. UM, THESE ARE FIGURES PRODUCED BY THE SCHOOL'S DIVISION FROM LIKE MID-SEPTEMBER, UH, I'M SORRY, MAY APOLOGIES, MAY OF THIS YEAR, BREAKING THOSE DOWN IN AVERAGING THEM, WHICH GIVES US OUR GENERATION FIGURES. SO THEN WE APPLY THAT TO THIS PROPOSED DEVELOPMENT. WE HAVE 300 UNITS AND THAT GIVES US A GRAND TOTAL OF 54 STUDENTS. WHERE THIS IMPACTS SCHOOLS, MOST ACUTELY I WOULD SAY, IS FOR ELEMENTARY SCHOOLS. SO IF YOU, YOU MIGHT BE AWARE, THE SCHOOL BOARD RECENTLY PASSED A REDISTRICTING PLAN FOR WALLER MILL AND MAGRUDER ELEMENTARY, UM, BECAUSE THERE IS CAPACITY ISSUES THERE. SO LOOKING AT THIS CHART, YOU'RE GONNA SEE ON THE ELEMENTARY SIDE, I HAVE THREE FIGURES. ONE IS WHAT I CALL CURRENT CAPACITY, AND THAT'S BRICK AND MORTAR BUILDING CAPACITY. ONE IS CURRENT CAPACITY WITH PORTABLE UNITS, AND THEN ONE IS CURRENT RE-ENROLLMENT AS OF SEPTEMBER OF THIS YEAR. SO IF WE'RE LOOKING AT IT FROM WITH WALLER MILL, AND THESE ARE COMBINED FIGURES FOR WALLER MILL AND MAGDA ELEMENTARY. SO CURRENT CAPACITY WITH PORTABLES CURRENTLY WE HAVE EXCESS CAPACITY. HOWEVER, IF WE'RE LOOKING AT ONLY BRICK AND MORTAR CAPACITY, WE'RE ALREADY OVER CAPACITY. AND CONSIDERING THAT WE HAVE DEVELOPMENTS COMING ONLINE LIKE FENTON MILL AND THEN WALLER MILL HEIGHTS CONTINUES TO BE BUILT OUT, WE CAN EXPECT SOME FURTHER STRAIN ON SCHOOL SYSTEM. NOW THIS DEVELOPMENT'S PROJECTED TO ONLY PRODUCE ABOUT 24 ELEMENTARY SCHOOL STUDENTS, HOWEVER, THE APPLICANT HAS PROFFERED A CASH PROFFER TO ADDRESS THE IMPACTS ON SCHOOLS. OTHER PROFFERED ADDITION INCLUDE, AGAIN, I MENTIONED THAT CONVENIENCE STORE SITE IS GONNA BE MADE PAD READY. AND THEN AGAIN, A SITE PLAN FOR THE CONVENIENCE STORE TO BE APPROVED PRIOR TO A LAND DISTURBING ACTIVITY PERMIT TO BE ISSUED FOR THE MULTIFAMILY APARTMENTS. [00:25:01] ADHERENCE TO BUILDING ARCHITECTURE AND DESIGN SPECIFICALLY LAID OUT IN THOSE DESIGN GUIDELINES FOR THE RESIDENTIAL AND COMMERCIAL COMPONENTS. A HISTORIC MARKER TO BE LOCATED IN THE VILLAGE GREEN. THAT'S JUST GONNA KIND OF DISCUSS THE HISTORIC SIGNIFICANCE OF THE AREA STREETLIGHTS ON WATER COUNTRY PARKWAY. UM, A SPEED LIMIT SIGN TO BE PUT UP ON WATER COUNTRY PARKWAY. THERE IS NOT ONE CURRENTLY PERHAPS RELOCATING THE BUS STOP UPON APPROVAL FROM WADA AND COMMERCIAL SITE MAINTENANCE. SO THIS LEADS US TO SOME OF OUR CONCLUSIONS. ANALYZING ALL THIS INFORMATION, IT'S TRUE THAT THIS AREA HAS AN ABUNDANCE OF EO LAND AND REALLY THERE IS A DISTINCT LACK OF A FOOD AND FUEL USE IN THIS AREA. AND PRESUMABLY IF WHEN WE'RE IN TO COME, COME IN, IT WOULD DO WELL. THE DEVELOPMENT DOES MEET THE PDMU RESIDENTIAL GUIDELINES, HOWEVER, THE COMPREHENSIVE PLAN ULTIMATELY OFFERS US MIXED GUIDANCE AND ULTIMATELY DOESN'T NECESSARILY SUPPORT A MIXED USE DEVELOPMENT ON THIS PROPERTY WITHOUT SUBSEQUENT AND CONCURRENT DEVELOPMENT HAPPENING AT THE NORTH POT OF THE MARQUEE. AND AGAIN, THERE IS SOME UNCERTAINTY REGARDING THE COMMERCIAL COMPONENTS. CERTAINLY WITH LAND-BASED C AND D AND ALSO SLIGHTLY WITH LAND BAY A AGAIN, THERE'S NO GUARANTEE THAT THAT FOOD USE WILL ACTUALLY BE CONSTRUCTED. STAFF RECOMMENDS DENIAL THIS APPLICATION. UM, IF YOU CHOOSE TO RECOMMEND APPROVAL, YOU CAN DO THAT THROUGH THE ADOPTION OF RESOLUTION NUMBER PC 24 DASH 20 AS REVISED ON YOUR DESK. UM, DO YOU WANNA NOTE THE REVISION TO THE RESOLUTION? UM, ONE AGAIN WAS JUST TO THE TOTAL COMMERCIAL ACREAGE, AND THEN THE OTHER IS, UH, INCLUDING THE UPDATED PROFFERS THAT PROVIDED TODAY. THANK YOU FOR YOUR TIME. THAT'S THE SUM OF WHAT I HAVE FOR YOU TONIGHT. UM, I'M HERE AS STAFF TO ANY QUESTIONS YOU HAVE FOR US. I WANNA KNOW, THE APPLICANT IS HERE, THEY HAVE A PRESENTATION AS WELL, AND THEY'LL BE WILLING TO TAKE YOUR QUESTIONS. QUESTIONS STARTING THIS WAY? NO, NOT AT THIS TIME. I GOOD. OH, GREAT. THANK YOU. AT THIS TIME I'LL OPEN THE PUBLIC HEARING AND THE APPLICANT IS HERE AND YOU'LL HAVE 10 MINUTES. AND IF, IF EACH PERSON WHO'S SPEAKING WOULD PLEASE STATE YOUR NAME AND ADDRESS AS WHEN YOU START SPEAKING, PLEASE. ABSOLUTELY. UH, MR. VICE-CHAIRMAN, MEMBERS OF THE COMMISSION, I'M VERNON GETTY. IT'S A PLEASURE TO BE HERE REPRESENTING THE APPLICANT. UH, THE ENTIRE DEVELOPMENT TEAM IS HERE, THE OWNER'S REPRESENTATIVE, UM, FOLKS FROM BOTH BONAVENTURE, THE RESIDENTIAL DEVELOPER AND ROCA PARTNERS, THE COMMERCIAL DEVELOPER, UH, AND ALL THE CONSULTANTS WORKING ON THE PROJECT. I JUST WANNA REMIND US AT THE BEGINNING HERE WHERE THIS PROPERTY SITS TODAY. AND CAITLIN TOUCHED ON THIS. UM, IT IS NOW ZONED EO AND COULD BE PUT TO ANY OF THE BUYRIGHT EO USES TODAY. UM, THE OWNER'S BEEN WORKING ON THE DEVELOPMENT OF THIS PROPERTY FOR MANY YEARS. AT THIS POINT, UH, HAS RECEIVED A NUMBER OF PROPOSALS FOR BUYRIGHT DEVELOPMENT, UH, BUT HAS DECLINED TO PURSUE THOSE BECAUSE IT BELIEVES A MIXED USE DEVELOPMENT LIKE THIS IS THE HIGHEST AND BEST USE OF THIS PROPERTY. BUT GIVEN THE LOCATION OF THE PROPERTY AND THE TIME THEY'VE OWNED IT, THIS IS A PROPERTY THAT WILL DEVELOP, WHETHER IT'S UNDER A MIXED USE PLAN LIKE THIS, OR UNDER ITS EXISTING BUYRIGHT ZONING. UM, AND WITH THAT, UM, JP HIGHLAND, WITH BONAVENTURE, THE RESIDENTIAL DEVELOPER, WILL SPEAK TO SOME OF THE CHANGES IN THE PLAN. HELLO, MEMBERS OF THE PLANNING COMMISSION. UM, MY NAME IS JP HIGHLAND. MY ADDRESS IS 2 0 9 MADISON STREET, ALEXANDRIA, VIRGINIA, 2 2 3 1 4. UM, AND I'M WITH BONAVENTURE. UM, THE RESIDENTIAL DEVELOPER. BONAVENTURE IS A VIRGINIA BASED MULTIFAMILY DEVELOPER, UH, AT AN ASSET MANAGER. WE'VE DEVELOPED MANY CLASS A LUXURY APARTMENT COMMUNITIES IN HAMPTON ROADS, INCLUDING THE BEND AT ARBORDALE IN YORK COUNTY, AND ATTAIN A QUARTER PATH IN THE CITY OF WILLIAMSBURG. OVER THE LAST EIGHT MONTHS SINCE THE FIRST PLANNING COMMISSION HEARING, WE'VE MET THREE TIMES WITH THE WHITAKER'S MILL, HOA AND WE'VE MADE SUBSTANTIAL CHANGES TO THE PLAN THAT I WANTED TO MENTION HERE. YOU'VE HEARD, I THINK ALMOST ALL OF THEM ALREADY, SO BEAR WITH ME. UH, WE'VE REDUCED THE NUMBER OF UNITS FROM 314 DOWN TO 300. UH, WE'VE REDUCED THE COMMERCIAL SQUARE FOOTAGE, UH, FROM 56,000 DOWN TO 45,000. WE RELOCATED THE MULTIFAMILY BUILDINGS AWAY FROM WHITAKER'S MILL, HOA AND THE BUILDING THAT'S DIRECTLY ACROSS THE STREET FROM THEM. THE ONLY ONE, WE REDUCED THAT DOWN TO, TO THREE STORIES, STEPPED IT DOWN TO TRY TO REDUCE THE IMPACT. UM, WE ALSO CHANGED THE ACCESS OF THE MULTIFAMILY BUILDINGS TO BE ONLY OFF 1 99 AND AWAY FROM WATER COUNTRY PARKWAY TO, UH, TRY TO LIMIT THE IMPACT TO THE THE NEIGHBORHOOD. UM, WE ALSO INCREASED THE BUFFERS IN THE OPEN SPACE IN THE PROPOSAL. UM, [00:30:01] AS, UH, KAITLYN MENTIONED, WE ELIMINATED THE PARKING REDUCTION REQUEST AND, UM, WE COMMITTED TO SIGNAGE FEATURES MEMORIALIZING THE PROPERTY'S HISTORICAL LEGACY DURING THE CIVIL WAR. UH, WE'VE ALSO STRENGTHENED OUR, OUR PHASING PROFFER TO ENSURE THAT THE APARTMENTS ARE NOT DEVELOPED WITHOUT THE COMMERCIAL. UH, WE HAVE OFFERED THE STRONGEST PRO, UH, PROFFER POSSIBLE, GIVEN THAT THERE ARE TWO SEPARATE DEVELOPERS ON THE PROJECT WHO ARE CODEPENDENT ON EACH OTHER, UH, REGARDING THE DEMOGRAPHICS AT OUR PROPERTY OF, OF THE, THE RENTERS OF OUR RESIDENTS. UM, JUST WANTED TO GIVE YOU A LITTLE INFORMATION ABOUT THE PROPERTY DOWN THE STREET. UH, ATTAIN A QUARTER PATH. UH, THERE OVER 70% OF THE RESIDENTS ARE EMPLOYED IN THE FOLLOWING FIELDS, EDUCATION. SO TEACHERS, GOVERNMENT, MEDICAL OR HEALTHCARE, MILITARY RETIREES, GRADUATE OR LAW STUDENTS. AND TECH OF THE AVERAGE HOUSEHOLD INCOME, UH, AT THAT PROPERTY IS $130,000 PER APARTMENT. UM, THIS PROJECT WILL GENERATE, WE ESTIMATE THE PROJECT WILL GENERATE A NET REVENUE OF OVER $500,000 A YEAR AFTER THE INITIAL PHASE, WHICH IS THE APARTMENTS PLUS LAND BAY, A BEING THE GAS CONVENIENCE, AND AROUND A MILLION DOLLARS A YEAR ONCE FULLY BUILT OUT. WE'D BE HAPPY TO DISCUSS THAT FURTHER IF NEEDED. UH, WE ARE EXCITED TO CONTINUE OUR TRADITION OF BUILDING INDUSTRY LEADING APARTMENT COMMUNITIES IN YORK COUNTY TO MEET THE HOUSING NEEDS OF YOUR RESIDENTS. NOW I'LL TURN IT OVER TO DAN HARGET WITH ROCHA PARTNERS, THE COMMERCIAL DEVELOPER TO REVIEW THEIR UPDATES. THANK YOU. GOOD EVENING. UH, MY NAME IS DAN HARGET. I'M CEO OF ROCHA PARTNERS. UH, WE'RE THE COMMERCIAL DEVELOPER, UH, FOR THIS PROJECT. I'LL, I'LL KEEP AN EYE ON THE CLOCK OVER THERE. AND, UH, KIND OF MOVED THROUGH. UM, ROCA PARTNERS. WE'RE HEADQUARTERED IN RICHMOND. WE'RE A VIRGINIA BASED DEVELOPER. WE'VE WORKED THROUGHOUT YORK COUNTY, UH, THROUGHOUT THE WILLIAMSBURG REGION, THROUGHOUT JAMES CITY COUNTY, HAMPTON ROADS, AND REALLY THROUGHOUT THE STATE. AND WE DO A VARIETY OF COMMERCIAL BASED AND MIXED USE DEVELOPMENTS. UM, I REALLY WANTED TO, UH, FOCUS ON A COUPLE OF THINGS TONIGHT. UM, WE'VE WORKED WITH THIS TEAM SINCE 2022 TO REALLY MODIFY THE COMMERCIAL USES AND REALLY UNDERSTAND WHAT WE COULD BRING AS FAR AS COMMUNITY AND CONVENIENCE BASED USES THAT WOULD BE SUCCESSFUL. UH, IN THIS PROJECT. OUR FIRST FOCUS WAS TO BRING WHAT WE BELIEVE IS THE BEST IN CLASS GAS CONVENIENCE OPERATOR IN SHEETS TO THE MARKET. THEY'VE MADE A DECISION, THEY'VE FORMALIZED THAT DECISION, AND THEY'RE COMMITTED TO COMING TO YORK COUNTY, WHICH IS EXCITING FOR THE COUNTY AND EXCITING FOR THE PROJECT. I KNOW THERE WERE SOME COMMENTS IN THE STAFF REPORT AND SOME CONCERNS ABOUT THE REAL COMMITMENT, UH, FROM SHEETS. UM, I'VE ASKED SHEETS, UH, FOLKS TO ATTEND TONIGHT. SO YOU'LL HEAR, HEAR DIRECTLY FROM TODD CADO, THEIR REAL ESTATE REPRESENTATIVE ON HOW THEY LOOKED AT YORK COUNTY, HOW THEY LOOKED AT THIS PROJECT AND, AND THEIR COMMITMENT, UH, TO THE AREA AND TO THE REGION. UM, I ALSO WANT TO REITERATE THAT OUR PROJECT IS GROWING AND GAINING TRACTION AS A RESULT OF GETTING THE FORMAL COMMITMENT FROM SHEETS, WHICH WE GOT IN THE MARCH APRIL TIMEFRAME AFTER THE PLANNING COMMISSION. UM, JUST SINCE THEN, WE'VE STARTED TO GET CONVERSATIONS GOING WITH ADDITIONAL USERS THAT WANT TO BE PART OF A MIXED USE PROJECT AND A PROJECT THAT INCLUDES, UM, AREAS WHERE RESIDENTS CAN WALK AND GET SOMETHING TO EAT OR CAN GO GET A GALLON OF MILK OR A CUP OF COFFEE OR, OR THOSE KINDS OF THINGS. UM, I THINK THAT'S IMPORTANT TO NOTE. UM, WE ARE HERE TONIGHT AND SHEETS IS HERE BECAUSE WE WANT TO BRING GOOD THINGS TO YORK COUNTY AND WE THINK THAT THIS PROJECT IS GONNA BRING JOBS, IT'S GONNA BRING, UH, REVENUE DOLLARS AND IT'S GONNA BE THE OPPORTUNITY FOR FOLKS TO SPEND THEIR DOLLARS IN YORK COUNTY VERSUS GOING AND GETTING GAS OR THAT CUP OF COFFEE IN JAMES CITY COUNTY OR IN HAMPTON ROADS. SO WE THINK THAT PRESENTS A A REALLY GOOD OPPORTUNITY FOR THIS PROJECT OVERALL. UM, HAPPY TO ANSWER ANY QUESTIONS YOU HAVE, BUT I WOULD LIKE TO INTRODUCE YOU TO TODD CADO, UH, DIRECTLY WITH SHEETS. THANK YOU. GOOD EVENING COMMISSIONERS. UH, LIKE DAN SAID, MY NAME IS TODD CADO. I'M A SENIOR REAL ESTATE MARKET MANAGER FOR SHEETS. UM, I COVER ALL OF SOUTHERN VIRGINIA AND SOUTHERN WEST VIRGINIA FOR THE COMPANY. UM, AS DAN SAID, WE, WE, WE WILL BE NEW TO THIS COUNTY, SO I'M GONNA ASSUME THAT YOU MAY NOT KNOW MUCH ABOUT US. UM, WE OPERATE ABOUT 760 STORE LOCATIONS ACROSS THE MID-ATLANTIC. UH, IT'S STILL A FAMILY OWNED BUSINESS. WE'RE ON OUR THIRD GENERATION, SO THE SHEETS FAMILY LAST NAME SHEETS IS STILL VERY INVOLVED IN OUR DAY-TO-DAY OPERATIONS AND MANAGEMENT. UM, WE'RE VERY EXCITED TO COME TO YORK COUNTY. WE MADE THE DECISION TO EXPAND INTO WILLIAMSBURG AND, UM, THIS IS AN A PLUS SITE FOR US BECAUSE OF THE LOCATION, BECAUSE OF THE GOOD NEIGHBORHOODS. WE CONSIDER ALL OF THOSE THINGS. UM, NOT ONLY ARE WE EXCITED TO BE A GOOD NEIGHBOR AND A GOOD COMMUNITY MEMBER, WE'RE EXCITED TO SERVE THE CUSTOMERS AS WELL IN THIS AREA. [00:35:01] UM, WE REALLY TAKE A LOT OF PASSION IN BEING A, A COMMUNITY MEMBER AND THAT INVOLVES CHARITABLE PARTNERSHIPS, THAT INVOLVES BRINGING GREAT JOBS. WE WERE RECOGNIZED THIS PAST YEAR BY FORTUNE MAGAZINE AS ONE OF THE TOP EMPLOYERS IN THE COUNTRY, BEST PLACES TO WORK. UM, WE WERE IN RECOGNIZED BY PEOPLE MAGAZINE AS ONE OF THE TOP COMPANIES THAT CARE IN AMERICA. SO THOSE ARE JUST SOME THINGS THAT WE TAKE. WE'RE VERY PROUD OF THE NATIONAL RECOGNITION WE RECEIVED WITH THAT. UM, WE ARE THE ULTIMATE ONE STOP SHOP. YOU CAN COME IN AND GET FULL MADE TO ORDER FOOD. WE HAVE TOUCHSCREEN ORDER POINTS. YOU CAN GET HOT, HOT FOOD, COLD FOOD ALL TIMES A DAY. IF YOU WORK OVERNIGHT, YOU CAN COME IN AT 2:00 AM AND GET A BURGER. IF YOU WORK LEAVING AT 5:00 AM FOR WORK, YOU CAN COME IN AND GET WHATEVER YOU WANT FOR YOUR FULL DAY. SO WE REALLY PRIDE OURSELVES ON BEING A ONE STOP SHOP. AND WE'VE IDENTIFIED THIS LOCATION AS STAFF MENTIONED AS HAVING A NEED FOR THAT. SO WE'RE VERY REALLY EXCITED ABOUT THIS OPPORTUNITY TO HAVE THIS BE OUR FIRST SITE IN THE COUNTY. UM, WE'VE PARTNERED WITH DAN. DAN IS A A, A GREAT DEVELOPMENT PARTNER, ROCHA PARTNERS. WE'VE WORKED ON MULTIPLE PROJECTS WITH THEM. THEY, THEY'RE TOP OF THE LINE, THEY'RE PROFESSIONAL. THEY, THEY ARE ABLE TO DELIVER PROJECTS. SO TRAVIS SHEETS, AGAIN, FAMILY MEMBER, OUR PRESIDENT, AND CEO, HE HAS SIGNED AN AGREEMENT WITH DAN AND ROKA PARTNERS TO, TO BRING THIS SITE TO LIFE. SO WE'RE COMMITTED TO IT, WE'RE EXCITED FOR IT. AND, UM, YOU KNOW, WE'RE, WE'RE HOPE YOU'RE, YOU'RE SUPPORTIVE OF IT AS WELL. ONE OF THE THINGS THAT ATTRACTED US AND I THINK WILL ATTRACT OTHER COMMERCIAL USERS IS THE ROBUST MIXED USE DEVELOPMENT THAT IS BRINGING NEW, NEW LIFE TO THE AREA. SO WE'RE EXCITED TO BE A PART OF IT AND HOPE, HOPE WE HAVE ALL OF YOUR SUPPORT. THANK YOU. WE BELIEVE THIS IS A WIN-WIN PROJECT FOR BOTH THE FOLKS IN THE AREA. IT'LL BRING SERVICES THAT AREN'T HERE NOW. IT'LL BRING QUALITY HOUSING AND IT WILL BRING CUSTOMERS TO SUPPORT BOTH THE MARQUEE AND THE NEW DEVELOPMENT, LIKE THE SHEETS AND OTHERS THAT WILL FOLLOW SHORTLY. UM, WE THINK IT MEETS THE GOALS OF THE COMPREHENSIVE PLAN, UM, AND THE PLAN DOES RECOGNIZE THAT THIS COULD BE A SITE THAT, UH, MIXED USE IS APPROPRIATE. UH, SO WITH THAT, WE'D BE, UH, ASKING YOU RESPECTFULLY TO RECOMMEND APPROVAL TO THE BOARD. WE WOULD WELCOME ANY QUESTIONS AND WE WOULD WELCOME ANY OPPORTUNITY IF ISSUES COME UP, UH, DURING THE PUBLIC HEARING PART TO, UH, UH, ADDRESS THOSE AS WELL. SO THANK YOU VERY MUCH. ANY QUESTIONS FOR THE APPLICANT? ONE QUESTION IN REFERENCE TO THE, UM, TO THE SHEETS IS, UM, IS THERE AN OPPORTUNITY TO, UH, MAKE IT MORE, UH, ARCHITECTURALLY? UM, UM, ACTUALLY WE WILL, IF I CAN FIND IT, THAT IS A PHOTOGRAPH OF THE CURRENT SHEETS, UM, PROTOTYPE. AND TODD, IF YOU'D LIKE TO ADDRESS THAT. YEAH, WE, UM, WE BUILD, AS YOU CAN SEE, A BRICK BUILDING. UM, WE, WE DO HAVE OUR, OUR SHEETS RED BRANDING AROUND THE CANOPY AND AROUND THE, THE STORE, UM, ENTRANCE THERE. UH, WE WE'RE VERY PROUD OF THE BUILDING WE BUILD. WE'D CERTAINLY BE OPEN TO DISCUSSIONS IF THERE ARE SPECIFIC REQUESTS, UM, ON, ON WHAT WE COULD OR YOU THINK WE WOULD DO DIFFERENTLY. BUT, UM, THESE FACILITIES ARE EIGHT, $9 MILLION BUILDS FOR US. AND NOT TO SAY WE WOULDN'T DO SOMETHING DIFFERENT, BUT WE TAKE A LOT OF PRIDE FROM OUR BRAND OF WHAT OUR BUILDINGS LOOK LIKE AND THEY'RE, THEY'RE, WE THINK THEY'RE THE BEST, BEST GUESTS IN CONVENIENCE STORES OUT THERE. THAT'S HELPFUL. THANK YOU. YEP. IS YOUR SHEETS GOING TO BE ALSO SUITED FOR ELECTRIC VEHICLES? YEAH, SO RIGHT NOW, UM, I'M NOT SURE HOW FAMILIAR YOU ARE WITH THE EV EXPANSION ACROSS, BUT THERE'S UM, WHAT'S CALLED NEVY FUNDING NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE. SO THAT'S WAS A GOVERNMENT RELEASE FUNDING PROGRAM THAT A LOT OF THAT PRETTY MUCH IS WHERE EV CHARGERS ARE GETTING BILLED IS WHERE THAT FUNDING IS AVAILABLE. SO SHEETS TODAY HAS HARDLY ANY SITES WHERE WE OPERATE EV WHAT WE DO IS WE PARTNER WITH EITHER TESLA, IONA, EV, GO ELECTRIFY AMERICA, SO YOUR BIG EV BRANDS, WE PARTNER WITH THEM AND THEY BUILD THEIR OFFERING ON OUR SITE. SO, UM, IT'S STILL EARLY IN THE PROCESS, BUT THIS IS CERTAINLY ONE WE WOULD PITCH TO THOSE PARTNERS WITH ANY NEW SITE THEY GET A LOOK AT AND SAY YES OR NO, THEY WANT TO BE A PART OF IT. UM, WITH THE LOCATION TO THE INTERSTATE, I WOULD SUSPECT THIS WOULD BE, UM, IF THAT'S SOMETHING YOU WOULD LIKE US TO COMMIT TO, TO, WE CERTAINLY WOULD BE OPEN TO THAT. THANK YOU. UH, JUST [00:40:01] TO COMMENT FROM, FROM FOR THE SHEETS, UM, I HAD TO VERIFY IT, BUT EVEN IF WE DON'T, IF THIS APPLICATION DOESN'T GET APPROVED, SHEETS COULD STILL GO INTO THE PROPERTY AT THE SAME SPOT BY ANOTHER SPATIAL USE PERMIT. EO SPATIAL USE PERMIT COULD BE SHEETS, AND I CAN SPEAK TO THAT A LITTLE BIT AS WELL. I THAT'S TRUE UNDER THE ZONING. AS A PRACTICAL MATTER, A STANDALONE SHEETS ON JUST THAT CORNER COULD NOT BE BUILT BECAUSE OF THE COST OF THE INFRASTRUCTURE THAT WOULD HAVE TO GO WITH IT. SO IT'S, YOU'RE GONNA HAVE TO HAVE BOTH THE APARTMENTS AND THE SHEETS IN ORDER TO GET THAT INFRASTRUCTURE IN TO MAKE IT VIABLE. ALRIGHT. ANYBODY ELSE? OKAY. THANK YOU. THANK YOU. WE'VE GOT SEVERAL SPEAKERS THAT WANT TO SPEAK. UM, JUST A REMINDER, YOU HAVE, UH, THREE MINUTES AND PLEASE COME UP. STATE YOUR NAME AND ADDRESS. FIRST ONE IS DON KLEIN. UH, GOOD EVENING. UH, MY NAME'S DON KLEIN, UH, DISTRICT 1 1 17 CLEMENTS MILL TRACE, UH, WILLIAMSBURG. UM, I LIVE IN THE WILKERS MILL COMMUNITY OFF PENMAN ROAD. AND THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU TONIGHT. I'M ENCOURAGED BY, UH, SOME OF E H'S PROPOSED CHANGES SINCE THE LAST, UH, PRESENTED THEIR PROJECT ON VALENTINE'S DAY, FEBRUARY 14TH. UH, HOWEVER MANY ISSUES, UH, REMAIN CONCERNS. UH, MY TOP CONCERN THAT I HAVE IS THE SHEETS, UH, SHEETS BRANDS ITSELF AS 24 7 365. THAT'S WHAT I'M WORRIED ABOUT THE I 64 CORRIDOR THAT RUNS FROM NEWPORT NEWS TO NEW CAN COUNTY OR MAYBE EVEN A LITTLE BIT FURTHER. UH, WEST, THERE'S NOT AN EASY OFF ON EXIT RAMP FOR GAS IN THAT STRETCH. THIS WILL BE THE FIRST, THE NOISE, THE TRAFFIC, THE LIGHTS, AND THE TRASH ARE ANTICIPATED WITH A HIGH VOLUME RETAIL OUTLET. LIKE SHEETS WILL BE 24 7, 365. AND ALSO THE ENVIRONMENTAL HAZARDS AND IMPACTS FROM OUR COMMUNITY PROBABLY NEED INVESTIGATING ALSO, ONE THING I DON'T UNDERSTAND IS WHY THE MARQUES, WHICH HAS EXCESS CAPACITY TODAY, AS YOU ALL KNOW, COULD NOT BE USED FOR THE SHEETS. IT'S, THERE'S A GREAT PLACE FOR LOCATED RIGHT NEXT TO THE TARGET THAT'D SUITABLE FOR THE SHEETS AND WOULD HAVE LESS IMPACT ON THE AREA TRAFFIC FLOW AND THE COMMUNITY OF WHITAKER'S MILL. IT MAY ALSO HELP YORK COUNTY, UH, WITH THE, UH, ECONOMIC VITALITY OF SHEETS, UH, IN THE MARQUEE. AS SOMEONE STATED EARLIER, THE PROPERTY HAS SIGNIFICANT HISTORY, UM, AND HISTORIC AFRICAN AMERICAN FREEDOM EVENT OCCURRED ON THAT PROPERTY ON MAY 5TH, 1862. IT NEEDS TO BE HONORED. AND I I, I'VE HEARD THAT THEY, UH, WISH TO DO THAT. UH, I BRIEFLY DRILLED INTO, UH, THE FISCAL ANALYSIS AND Y'ALL FOUND THE SAME THING I DID ABOUT THE PERSONAL PROPERTY TAXES WITH THE VEHICLE. UH, SO BOTTOM LINE THERE, THE REVENUES, THEY, THEY SHOWED ARE OVERSTATED ON THE EXPENSE SIDE, I WOULD SAY THE PUBLIC SERVICE EXPENSES, LAW ENFORCEMENT, FIRE LIFE, UH, EMERGENCY COMMUNICATIONS, POSSIBLY JUDICIAL, ARE BASED ON PER, UH, PERMANENT RESIDENCE. AND EMPLOYEES, IT DOES NOT INCLUDE, DOES NOT FACTOR IN. AND I DON'T KNOW HOW YOU DO THIS. THE THOUSANDS OF VISITORS ARE GOING TO BE USING THE RETAIL OUTLETS, ESPECIALLY THE SHEETS OVER TIME, WHO ALSO WILL CONSUME SOME OF THOSE COUNTY UH, SERVICES. SO THEREFORE, I'M OPPOSED TO THE DEVELOPMENT AS IT'S PROPOSED. THANK YOU. THANK YOU. UM, NEXT IS MARVIN AND RUTH STALEY. HAVE I SAID THAT RIGHT? YES. AND I FORGOT TO MENTION YOU'LL GET A, UM, YELLOW LIGHT RIGHT BEFORE IT GIVES YOU 15 SECONDS, 30 SECONDS TO, TO WRAP UP. SO, OKAY. UM, GOOD EVENING. I'M RUTH STALEY AND THIS IS MY HUSBAND, MARVIN. GOOD EVENING. UM, WE ARE RESIDENTS. WE LIVE AT TWO 12 CLEMENS MILL TRACE, AND WE ARE RESIDENTS OF WHITAKER MILL SUBDIVISION OFF OF PENMAN ROAD. WE WERE IN ATTENDANCE AT THE ORIGINAL MEETING WHEN THE MARQUEE CROSS AND DEVELOPERS PRESENTED THEIR PROPOSAL TO THE PLANNING COMMISSION, AND IT WAS REJECTED SINCE THAT TIME. THEY HAVE MET SEVERAL TIMES WITH [00:45:01] OUR HOMEOWNER ASSOCIATION AND HAVE MADE SIGNIFICANT CHANGES TO THEIR ORIGINAL SITE PLAN TO INCORPORATE OUR CONCERNS, NOTING THAT NOT EVERYTHING FALLS IN THEIR PURVIEW. AND WE SUPPORT THE MARQUEE CROSSING PROJECT OVER ANY OTHER INDUSTRIAL OR COMMERCIAL PROJECT, UM, FOR THAT SITE THAT WOULD NOT OFFER THE SAME BUFFER TO OUR PROPERTY. UM, THE MARQUEE CROSSING, UH, SITE PLAN INCLUDES GREEN SPACE. IT TAKES INTO CONSIDERATION THE PROPERTY'S HISTORICAL SIGNIFICANCE, AND IT WOULD NOT BE AN EYESORE TO OUR NEIGHBORHOOD. AND OUR GREATEST FEAR IS THAT SOMETHING ELSE IS GONNA COME THERE THAT WOULD BE, AND THEREFORE WE ASK THAT YOU CONSIDER THE PROPOSAL, UM, FOR MARQUEE CROSSING OVER ANYTHING ELSE THAT MIGHT NEGATIVELY, UH, IMPACT WHAT WE HAVE TO LOOK AT. THANK YOU. THANK YOU. THANK YOU. KATE. MUSIK. GOOD EVENING. I'M KATE MUS. I LIVE AT WHITAKER 4 25 WHITAKER'S MILL, AND I'M ALSO A TEACHER IN YORK COUNTY THAT WILL BE DIRECTLY AFFECTED BY ANY FUTURE DEVELOPMENT IN THE NORTH END. UM, I HAD SEVERAL CONCERNS AS A SINGLE PARENT OF THE CRIME THAT'S ASSOCIATED WITH BIG, UH, COMMERCIAL GAS STATIONS AND CONVENIENCE STORES. UM, JUST ALONE. NEWS HEADLINES RELATING TO SHEETS INCLUDE TO MO TWO MANASAS MEN WERE SHOT AND WOUNDED AT A SHEETS GAS STATION. UH, CONVENIENCE STORE CHAIN HAS EMPLOYED CANINE UNITS AT SOME NORTH CAROLINA LOCATIONS TO HELP DETER CRIME. THE SAFETY OF OUR CUSTOMERS EMPLOYEES AT SHEETS IS AT TOP PRIORITY. NICK RUFFNER, THE CHAIN'S PUBLIC RELATIONS MANAGER, TOLD THE NATIONAL DESK, WE CONTINUALLY ASSESS WHICH STORES NEED ADDITIONAL SUPPORT AND HAVE IMPLEMENTED SUPPLEMENTAL SECURITY MEASURES, INCLUDING CANINE UNITS AT SEVERAL GREENSBORO STORE LOCATIONS AS ADDITIONAL SAFETY MEASURES. I DON'T KNOW ABOUT THE REST OF OUR COMMUNITY MEMBERS, BUT THAT'S NOT EXACTLY WHAT I WOULD LIKE TO HAVE IN MY BACKYARD AND NOT WHY I BOUGHT AT WHITAKER'S MILL. THE SECOND CONCERN THAT I HAVE ARE, UH, THE EFFECTS OF OUR PROPERTY VALUES. OUR RECENT ASSESSMENTS HAVE, UM, WHILE THE TAXES HAVE GONE UP, THE VALUES HAVE ALSO GONE UP, AND I WOULD HATE TO SEE THAT DROP. UH, CONVENIENCE STORES ARE ONLY NUMBER FOLLOWING ONLY HOSPITALS AS FAR AS HAVING THE BIGGEST IMPACT ON PROPERTY VALUES IN AREAS WITH, UM, COMMERCIAL, UH, YOU KNOW, THINGS LIKE SHEETS. I WORRY ABOUT THE ENVIRONMENTAL IMPACTS OF AIR POLLUTION, GREENHOUSE GAS EMISSIONS, WATER POLLUTION, AND, UH, POTENTIAL WASTE, AS WELL AS THE IMPACT OF HAVING A CAR WASH, WHICH I DON'T THINK WAS MENTIONED THIS EVENING, BUT WAS MENTIONED WHEN, UH, THESE FELLOWS CAME TO OUR HOA. AND AS FAR AS THE IMPACT ON OUR SCHOOLS, YOU'RE TALKING ABOUT ELEMENTARY SCHOOL IMPACTS, BUT THOSE ELEMENTARY SCHOOLS FLOW INTO A MIDDLE SCHOOL AND THAT MIDDLE SCHOOL FLOWS INTO ONE HIGH SCHOOL. AND I AT QUEENS LAKE AND OUR MIDDLE SCHOOL IS LITERALLY DETERIORATING WHEN IT RAINS. WE HAVE LITERALLY BUGS COMING OUT OF THE WALLS. WE HAVE FLOODING. I AM IN A TRAILER WITH THREE OTHER TEACHERS, SO WE ARE SEVERELY IMPACTED BY ALL THE GROWTH IN THE NORTH END. AND EVEN MORE IS ONLY GONNA MAKE OUR STUDENTS THAT MUCH MORE AT RISK FOR NOT DOING WELL AND LIVING UP TO YOUR COUNTY STANDARDS. SO I HOPE THAT YOU WILL CONSIDER NOT APPROVING THIS. THANK YOU. THANK YOU MR. GETTY. I HAD YOUR SHEET AS WELL, SO I'M ASSUMING YOU'VE DONE YOURS. UM, DEAN C RICH. HELLO, MY NAME'S DEAN RICH. I LIVE AT ONE 13 CLAIMANT'S MILL TRACE AND THE WHITAKER'S MILL. AND, UH, THIS MY BACKYARD'S DIRECTLY, UH, WITH THIS. AND, UH, I TOO AM CONCERNED ABOUT THE FACT THAT, UH, THEIR CANOPY SAYS 24 7 365, THE PLACE NEVER CLOSES. AND, UH, AS DONNA ARI SAID, IT'S, UH, BE THE, ABOUT THE ONLY ON AND OFF SERVICE STATION, AND THEY JUST SHOWED 15,000 AUTOMOBILES COMING IN AND OUT OF THERE A DAY. SO, UH, THAT'S QUITE A BIT OF TRAFFIC IN OUR QUIET LITTLE COMMUNITY. AND, UH, SHEET SUPPOSES GOING UP IN THE MARQUES CENTER BECAUSE THE, UH, REZONING THE TRACK TO IN OUR NEIGHBORHOOD WILL ALLOW THE DEVELOPER TO PAY FOR THE SITE IMPROVEMENTS, [00:50:02] LEAVING SHEETS ONLY RESPONSIBLE FOR BUILDING THEIR STATION. BUILDING IN THE ALREADY ZONED AREA WOULD REQUIRE SHEETS TO FOOT THE BILL FOR INFRASTRUCTURE IMPROVEMENTS, UH, WHICH THEY SEEM TO BE UNWILLING TO DO. AND THE MARQUIS SHOPPING CENTER'S ALREADY SET UP TO HANDLE ALL THE TRAFFIC. IT'S A RIGHT TURN IN THERE AND THE TRAFFIC LIGHT'S SET TO GO OUT. SO THE TRAFFIC COMING OFF THE FREEWAY TO GO TO SHEETS WOULD WORK WAY BETTER GOING INTO THERE, THERE THAN BUILDING LEFT HAND TURNS AND EXTENDING, UH, THINGS, UH, THE, THE ROADS PLUS THE WATER COUNTRY PARKWAY IS A WINDING ROAD AND THEY'VE GOT TWO ENTRANCES PLANNED ON THAT. AND WITH THAT AMOUNT OF TRAFFIC GOING THROUGH THERE, THAT THAT CREATES, UH, A LOT OF DANGEROUS SITUATIONS AND POTENTIAL ACCIDENTS. I GOT TWO DOGS THAT I WALK AT NIGHT BEFORE HEADING TO BED, AND I ENJOY THE QUIET OF THE NIGHT AND THE NEAR DARKNESS. THERE'S FEW LIGHTS AND LITTLE TO NO NOISE. IT'S A PLEASANT AND PEACEFUL WALK, BUT I'M AFRAID THAT WHEN SHEETS COMES IN, ONLY 150 YARDS AWAY FROM MY HOUSE, NOISE FROM THE TRAFFIC, THE ACTIVITY ALONG WITH THE LIGHTS WILL BE IN ALL NIGHT, EVERY NIGHT, ALL YEAR LONG WILL DISRUPT THE PIECE AND THE TRANQUILITY IN THE NEIGHBORHOOD. UH, THEN LIVING 200 YARDS FROM A SERVICE STATION POSES CONCERNS WITH AIR QUALITY, WITH FUEL VAPORS, VEHICLE EXHAUST. UH, THERE'S A RISK OF SOIL AND GROUNDWATER CONTAMINATION IF THE FUEL THINGS, UH, LEAK UNDERGROUND. UH, THEY'RE ALSO DEMANDING CONSTRUCTION OF ADDITIONAL APARTMENTS IN THE AREA THEY WANT FOR THEIR SERVICE STATION. BUT THERE'S 400 NEWLY BUILT APARTMENTS, UH, BEHIND THE MARQUEE SHOPPING CENTER, AND THEY'RE ONLY 30% FULL. SO THEY BUILD ANOTHER 300. AND, UH, IF THERE'S NOT A SUFFICIENT DEMAND, WE'LL HAVE LOTS OF EMPTY APARTMENTS THERE. UH, LOWER OCCUPANCY RATES WILL MEAN LOWER, UH, RENTAL PRICES. AND THIS WILL, UH, NALY IMPACT THE SURROUNDING AREA LEADING TO DECLINING PROPERTY VALUES FOR THE NEARBY HOMES. UH, SO THAT'S A BIG PART OF THE CHARM OF LIVING IN YORK COUNTY, IS THE, UM, GREEN SPACE AND THE TRANQUIL KNIGHTS. SO IN CONCLUSION, WHILE I EXPECT THE DEVELOPMENT TEAM'S EFFORTS, THE SHEET STATION POSES A SIGNIFICANT NEGATIVE IMPACT, TRAFFIC HAZARDS, ENVIRONMENTAL RISK, AND UNNECESSARY APARTMENTS IN AN ALREADY LOW OCCUPANCY AREA. PLEASE CONSIDER DENYING. THANK YOU. UM, DARNELL AND TANYA HENSON, IF I'M SAYING THAT RIGHT. GOOD EVENING, I'M DARREL HENSON. THIS IS MY WIFE TANYA. I'LL BE BRIEF. UH, MOST OF MY CONCERNS HAVE ALREADY BEEN ADDRESSED. CAN YOU STATE YOUR ADDRESS PLEASE? 2 0 4 GALS MILL ARCH IN WHITAKER MILL IN THE SINGLE FAMILY HOME SECTION. UM, MOST OF MY CONCERNS HAVE BEEN ADDRESSED THUS FAR. THE CONCERN, THE QUESTIONS THAT I HAVE NOW STILL IS I'VE HEARD TWICE THAT THE STAFF HAS RECOMMENDED DENIAL, BUT NOT REALLY SAYING WHAT THE DENIAL WAS BASED ON. UM, FOR, FOR US, THE COMMUNITY ITSELF. UM, WE'VE BEEN THERE NOW FOUR YEARS. UH, WE LOVE THE QUIET AS WELL. UM, THE QUESTION THAT THAT'S STILL LEFT UNANSWERED FOR ME TO MAKE A DECISION IS WHAT, UM, OTHER OPTIONS ARE, UH, ALTERNATIVES WILL THERE BE IS AS A, UH, EO SPECIAL PERMITTED, UM, UH, DEVELOPMENT. IF THIS DOES NOT GO THROUGH UNDERSTANDING WHAT, WHAT THIS IS NOW AND THE TIME THEY TOOK TO PRESENT THIS TO US AND MAKE THOSE ADJUSTMENTS. I'M ACTUALLY FOR, UH, THE DEVELOPMENT AND I'LL LET MY WIFE GO. UM, REALLY AS MY HUSBAND STATED, UM, MY NAME IS TANYA HENSON AND, UM, AS HE STATED, UM, MY MAIN CONCERN, I THINK OUR NEIGHBORS HERE ACTUALLY KIND OF ENCOMPASSED EVERYTHING THAT WE REALLY WANTED TO SAY ABOUT THE PROJECT. UM, MY MAIN CONCERN IS THAT THIS COMMUNITY DOES NOT GO THERE IF THE SHEETS DOES NOT GO THERE. UM, WHAT THE POSSIBILITY IS BECAUSE WE ALREADY LIVE NEXT TO AN INDUSTRIAL PARK, I'M KIND OF CONCERNED THAT THAT MAY BE A NEXT STEP OR SOME TYPE OF STORAGE. I MEAN, I KNOW THAT THERE ARE MANY USES, UM, MANY POSSIBLE USES, BUT AT THIS MOMENT WE HAVE NO IDEA WHAT ANY OF THOSE THINGS ARE. SO I WOULD AT LEAST LIKE VERY SERIOUS CONSIDERATION BE GIVEN TO THIS PROJECT. I WILL SAY THAT, UM, SOME OF OUR NEIGHBORS HERE HAVE ALSO STATED A LITTLE BIT OF CONCERN ABOUT CRIME AND THAT SORT OF THING, AND THOSE ARE THINGS THAT I REALLY HAD NOT PUT QUITE A LOT OF THOUGHT INTO. UM, BUT WITH THAT BEING SAID, I WOULD SERIOUSLY ASK THAT YOU GUYS CONSIDER THE POSSIBILITY OF APPROVING THE REQUEST. AND LAST CAVEAT, UM, UNDERSTANDING THAT THE REPRESENTATIVE FOR THE OWNER IS HERE. IT'D BE NICE TO KNOW WHAT THE OWNER'S CONSIDERATION IS IF THIS PROJECT DOES NOT GO THROUGH AS WELL. ON THE WAY HERE, WE DID SEE A INDUSTRIAL, UM, STORAGE PARK ON OLD WILLIAMSBURG ROAD, AND THAT IS NOT LIKELY, IN MY OPINION, AS OPPOSED TO WHAT THIS PROJECT IS PLANNED TO BE. THANK YOU. THANK YOU. THANK YOU. UM, WILLIAM MILLER. GOOD EVENING. GOOD EVENING. WILLIAM MILLER, 1 0 8 DAVID'S WAY, YORKTOWN. [00:55:01] UM, I'M ALSO THE PRESIDENT OF THE WILLIAMSBURG CIVIL WAR ROUND TABLE. AND, UH, SO I'M SPEAKING PROBABLY IN TERMS OF PRESERVATION FOR MORE THAN A HUNDRED MEMBERS. I'VE GOT THREE MINUTES TO TELL YOU THE STORY ABOUT THE DEVELOPMENT OF THE EMANCIPATION PROCLAMATION. THAT'S A TALL ORDER, BUT I WANNA SUPPORT TELL YOU THAT I SUPPORT THE PRESERVATION OF THE WHITAKER HOME SITE AND, AND ALSO EMPHASIZE THAT COMMERCIAL DEVELOPMENT SHOULD NOT SUPERSEDE THE IMPORTANCE OF SUSTAINING THE UNSOLID LAND. THAT TELLS A LARGELY NEGLECTED STORY IN AMERICAN HISTORY. THAT'S NAMELY THE ROLE OF THE AFRICAN AMERICANS PLAYED IN WINNING THEIR FREEDOM DURING THE CIVIL WAR. DURING THE BATTLE OF WILLIAMSBURG, UH, ENSLAVED AFRICAN AMERICANS CAME TO THE WHITAKER HOUSE HEADQUARTERS OF THE ARMY OF THE POTOMAC, AND POINTED OUT THE LOCATIONS OF, UH, ABANDONED CONFEDERATE FORTIFICATIONS AND LED, UH, UNION FORCES TO THOSE SITES. AND THEIR EFFORT, UH, BROUGHT, UH, CHANGED THE OUTCO OUTCOME OF THAT FIGHT TO THE UNION'S FAVOR THAT, UH, BUT MORE IMPORTANTLY, THAT ACTIVITY WAS RECOGNIZED NOT ONLY BY UNION OFFICERS AND SOLDIERS, BUT ALSO NORTHERN NEWSPAPER MEN, AND LED TO A, UM, A RECOGNITION THAT THE ENSLAVED AFRICAN AMERICANS DESERVED FREEDOM. AND THIS SITE IN WILLIAMSBURG IS ABOUT THE ONLY SITE THAT'S AVAILABLE TO PRESENT AND INTERPRET THIS STORY. SO I WOULD, I WOULD COMMEND THE, UH, THE, UH, BOARD TO, UH, SUPPORT THE, THE, UH, EFFORT OF THE PLANNING COMMISSION, UH, STAFF FOR THE DENIAL. THE, UH, JODY LYNN ALLEN, WHO IS EXECUTIVE DIRECTOR OF THE LEMON PROJECT AT WILLIAM. AND MARY SAYS IT'S A KEY POINT OF THE AFRICAN AMERICAN STORY IN THE CIVIL WAR. DREW GRUBER, WHO IS THE EXECUTIVE DIRECTOR OF THE CIVIL WAR ROUND, UH, CIVIL WAR TRAILS PROGRAM, SAYS THAT THE ESTABLISHMENT OF THIS SITE FOR INTERPRETATION OF THE DEVELOPMENT OF EMANCIPATION, WOULD BE A WONDERFUL AMENITY TO THE INTERPRETATION OF THE CIVIL WAR IN THIS AREA. IT HAPPENED IN YOUR COUNTY. THINK ABOUT THAT. SO I, I WOULD COMMEND, I WOULD RECOMMEND THAT THE DEVELOPERS CONSIDER CARVING OUT A, A SIZABLE PARK TO INTERPRET THIS ACTIVITY. IT'S VERY IMPORTANT. THANK YOU. THANK YOU. ROBIN KUSTER? YES. HI, ROBIN KUSTER, 2 0 5 LYNN FOOT COURT. I AM ABOUT A MILE POINT, UH, 1.3 MILES FROM, UH, THIS SITE. I LIVE IN HIGH GROVE AND I AM TOO AGAINST THIS DEVELOPMENT. MY CONCERN, I PRETTY MUCH MIMIC WHAT THE STAFF WAS SAYING AND, UM, WHAT A LOT OF THE OTHERS WERE SAYING ABOUT MY CONCERN MORE IS THE NEED FOR THIS PRO DEVELOPMENT. IS THIS REALLY THE NEED FOR IT? OR ARE WE WALKING THE FINE LINE OF OVERDEVELOPMENT BECAUSE WE TALK ABOUT WHEN I, WE REFER TO THE, TO KEEP IT AT A MINIMUM, SINCE PRETTY MUCH EVERYTHING I WANTED TO SAY WAS COVERED. THE GOING TO THE YORK COUNTY, UM, COMPREHENSIVE PLAN, THE OBJECTIVE WAS TO PROVIDE FOR A RANGE OF HOUSING TYPES AND DENSITIES CORRESPONDING TO THE NEEDS OF A DIVERSE POPULATION WHILE MAINTAINING THE PREDOMINANCE OF SINGLE FAMILY DETACHED HOUSING. NUMBER TWO SPECIFICALLY SAYS YORK COUNTY HAS ALWAYS BEEN AND SHOULD ALWAYS REMAIN AN ATTRACTIVE PLACE FOR FAMILIES TO RAISE THEIR CHILDREN. AS SUCH, THE PREDOMINANCE OF SINGLE FAMILY DETACHED HOMES SHOULD CONTINUE. AND I THINK WITH THE MARQUEE, THE MONTAGE AT MARQUEE HAS DEFINITELY TAKEN CARE OF OUR APARTMENT PROBLEM UP. IF THAT WAS A PROBLEM TO BEGIN WITH IN THAT PART OF THE COUNTY, WE ALL BUY UP THERE. I BOUGHT 10 YEARS AGO, 12 YEARS AGO, AND WE'VE EXPLODED WITH SINGLE FAMILY HOMES NOW TOO. SO BETWEEN THE MONTAGE AND SINGLE FAMILY HOME, I THINK WE'VE DEFINITELY COVERED THAT AND THAT WE'RE NOW AT THE POINT THAT THIS WOULD BE CONSIDERED OVERDEVELOPMENT AND THAT WAS WHAT WAS MIMICKED IN THE [01:00:01] 2021 PUBLIC PUBLIC FORUM RESULTS THAT THE PLANNING COMMISSION THEN PUT ON. AND THAT WAS THE BIGGEST CONCERN, ESPECIALLY FOR THE NORTH YORK COUNTY RESIDENT OF OVERDEVELOPMENT CONSERVATION AND MIXED USED OVERLAY DESIGNATION. I FIND THAT THIS PROPERTY, BECAUSE WE'RE ASKING FOR SHEETS, WE HAVE A WAWA TWO MILES DOWN THE ROAD THAT FULFILLS EVERYTHING. AND THEN SOME THAT THE SHEETS WE PROBABLY DO MAYBE MAKES DIFFERENT SANDWICHES A LITTLE BIT DIFFERENT, BUT WE GOT COFFEE LIKE CRAZY DOWN THERE AND WE HAVE A GREAT COLUMN 15 LOCAL BUSINESS SUPPORT, OUR LOCAL BUSINESSES, AND THEY JUST EXPANDED. THEY'VE GOT GREAT COFFEE THAT'S RIGHT THERE ACROSS THE STREET FROM WAWA. WE HAVE A GROCERY STORE. THIS ONE'S NOT EVEN GIVING THEM A GROCERY STORE GIVING JUNK AND CONVENIENCE STORES. SO I'M NOT SURE HOW THAT IS A BENEFIT TO ANYBODY LOCALLY, BUT ALL IT'S GONNA DO IS MAKE A NIGHTMARE OF THE TRAFFIC BRINGING 64 TRAFFIC. AND THERE'LL BE JUST MAJOR CHAOS UP THERE FOR ALL OF US RESIDENTS. AND WE DO CANNOT, THE SCHOOL HAS NOT BEEN ABLE TO SUPPORT THE MORE STUDENTS. THANK YOU. THANK, THANK YOU. DANA DEGER. HI, I AM DANA DEGER 1 0 8 HORSESHOE DRIVE IN WILLIAMSBURG IN YORK COUNTY. I HAVE TO SAY, WHEN I HEARD ABOUT THIS DEVELOPMENT, I WAS PRETTY ENTHUSIASTIC BECAUSE IT'LL BRING A GAS STATION BETWEEN MY HOUSE AND MY RELATIVELY LONG COMMUTE DOWN THE PENINSULA, DOWN INTO NEWPORT NEWS. SO I WAS LIKE, HEY, I CAN GRAB GAS, THAT'D BE GREAT. I, AND I READ THE APPLICATION BY, UH, BONAVENTURE HOLDINGS AND I WAS EVEN MORE ENTHUSIASTIC BECAUSE IF YOU TURN TO THE FISCAL IMPACT ANALYSIS, PAGE SIX, THEY ARE PROJECTING AT FULL BUILD OUT, THEY WOULD INCREASE THE COUNTY REVENUE BY NINE TENTHS OF PERCENT ANNUALLY. AND THE EXPENSES ONLY BY FOUR TENTHS OF A PERCENT. SO THAT GAINS THE COUNTY MORE THAN HALF A 10TH OF A PERCENT IN, UH, NET GAIN ANNUALLY. AND THAT IS ON JUST 33 ACRES, 16 ACRES OF COMMERCIAL LAND. SO I WANNA KNOW WHAT'S THE SECRET SAUCE, RIGHT? LIKE JUST ON THAT FEW ACRES WE CAN REALLY MOVE THE, UH, COUNTY BUDGET. SO IT MADE ME REALLY CURIOUS. AND THEN, UH, I READ ONTO, UH, THE COUNTY'S, UH, MEMO BY MS. ABBA, UH, ABUD. I'M SORRY IF I MASSACRED YOUR NAME, I APOLOGIZE. AND IT WAS VERY WELL WRITTEN, BUT IT WAS ALSO VERY DISAPPOINTING BECAUSE, UH, THE COUNTY AUDIT FOUND THAT THE PROPOSAL, UH, THE ESTIMATE FOR THE COUNTY, UM, PROPERTY TAX REVENUE WAS OVERSTATED. SHE MENTIONED THE VALUE OF CARS FOR, AS AN EXAMPLE, BEING, UH, $29,000 IN THE COUNTY. AND WE ALL KNOW THAT'S COMPLETELY RIDICULOUS. YOU ONLY HAVE TO LOOK AT ANY PARKING LOT. MAYBE IT'S TRUE IN THE NEIGHBORHOOD OF THE DEVELOPER, BUT IT IS CERTAINLY NOT TRUE IN ANY AVERAGE NEIGHBORHOOD IN YORK COUNTY. AND IT'S IN FACT 12,000. AND THE COUNTY WENT ON TO MAKE SOME OTHER CALCULATIONS AND BASICALLY THEIR MEMO CONCLUDES, IT'S A A NET ZERO. FINANCIALLY, WE DON'T LOSE A LOT. WE DON'T GAIN A LOT FROM THIS ENTIRE, UH, DEVELOPMENT. IF YOU LOOK AT THE, THE TOTAL, UH, NUMBERS, UM, BUT WHAT THE COUNTY LEFT OUT AND THE DEVELOPER LEFT OUT IS THE PER CAPITA IMPACT. ON PAGE 16, THEY MENTIONED, UH, PER CAPITA IMPACT OF LIKE SOCIAL SERVICES AND THINGS LIKE THAT, BUT THEY LEFT OUT, UH, THE IMPACT OF CORRECTIONS PER CAPITA. THEY LEFT OUT, UH, PARKS AND RECREATION LIBRARY. THEY ALSO MENTIONED, UH, THE SCHOOL DEBT SERVICES 8 MILLION, BUT THERE'S ALSO ANOTHER SCHOOL DEBT SERVICE, ANOTHER PART OF THE BUDGET, WHICH IS 21 MILLION. AND IF YOU LOOK AT THAT PER CAPITA, AND THEN, UH, SO YOU ADD THOSE TWO TOGETHER, RIGHT? THE PER CAPITA FOR ALL THE SERVICES FOR THE SCHOOL, UH, DEBT SER UH, SERVICING. AND THEN ON TOP OF THAT, THE THIRD ONE THEY LEFT OUT IS STORM WATER. BECAUSE THEY'RE PAVING THE AREA, THEY'RE PUTTING IN THE BMPS, THREE OF 'EM, THEY ALL FLOW INTO OUR STORM WATER SYSTEM, WHICH WE HAVE TO MAINTAIN. AND, UH, IF YOU PUT ALL OF THAT TOGETHER, WE BASICALLY, INSTEAD OF A SWING OF HALF A PERCENT IN THE POSITIVE, IT SWINGS, UH, TO THE NEGATIVE. AND IT'S A NET LOSS FOR THE COUNTY PER ANNUALLY. THANK YOU VERY MUCH. THANK YOU. UM, MARTIN BANK, GOOD EVENING. [01:05:01] GLAD TO BE HERE TONIGHT. I RESIDE AT 1 29 CLEMENTS MILL, TRACE WILLIAMSBURG, YORK COUNTY. AND I GOTTA SAY, I WANT, I ASKED TO SPEAK LAST. AND THE REASON FOR THAT IS I DIDN'T WANT TO DO MUCH TALKING, SO I'M NOT GOING TO, 'CAUSE THE TEAM DID A PRETTY GOOD JOB. BUT I DID WANT TO GO TO, TO DISCUSS ONE THING A LITTLE FURTHER. THE TRAFFIC IN THE AREA WAS APPROVED BY DOT. I'D LIKE TO GET AHOLD OF THE GUY WHO APPROVED THAT BECAUSE IF YOU LOOK AT THE TRAFFIC THAT WE GET ON, ON THE, UH, LITTLE STREET TO THE SIDE OF THIS DEVELOPMENT WATER COUNTRY, WE GET TRAFFIC ALL DAY LONG FROM 18 WHEEL TRUCKS FROM THE, UH, BUSH CENTER ON THE OTHER SIDE OF THE HIGHWAY. THE TRAFFIC IS GOING TO BE IMMENSE. THE TRAFFIC ON 1 99 IS ALREADY BAD. DID YOU EVER GO DOWN THERE IN FRONT OF WATER COUNTRY JUST BEFORE 10 O'CLOCK BEFORE THEY OPEN THE IT THE LINE GOES LONG. IN ANY EVENT, THE ROAD DEGRADATION THAT'S GOING TO TAKE PLACE ON WATER COUNTRY IS IMMENSE. IT'S ALREADY BEEN REPAIRED ONCE. AND IF YOU HAPPEN TO DRIVE DOWN THAT LITTLE PIECE OF STREET, WHICH IS LIKE A CURVY SNAKE, YOU'RE GONNA FIND THAT THE CORNERS OF THAT STREET ARE ALREADY CRUMBLING. THIS WHOLE SUBDIVISION THAT IS HERE TONIGHT WOULD APPRECIATE IF THIS IS NOT APPROVED. THANK YOU VERY MUCH FOR YOUR TIME. HAVE A GREAT EVENING. THANK YOU. UM, THAT'S ALL THE SIGN UP SHEETS I HAVE. IS THERE ANYBODY ELSE THAT WISHES TO ADDRESS THE COMMISSION? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING COMMENTS, DISCUSSION FROM I START THAT THERE'S MORE THIS WAY. SO I'LL START THIS WAY. WELL, FIRST I'D LIKE TO COMMEND THE BUILDING TEAM FOR, UM, GOING BACK AND LISTENING AND MAKING SOME CHANGES IN, UH, APPARENTLY SOME IMPROVEMENTS. UM, I'M NOT CONVINCED IT'S EVERYTHING WE NEED AT THIS POINT, BUT I'M STILL LISTENING. UM, DURING THE PAST, I GUESS THREE AND A HALF TO FOUR YEARS, I WAS CHAIRMAN OF THE COMPREHENSIVE PLAN CITIZEN COMMITTEE. WE DISCUSSED THIS AT LENGTH, NOT NECESSARILY THIS PARTICULAR PARCEL, BUT TO SHARE WITH YOU. UH, WE ELIMINATED THE MIXED USE DESIGNATION IN AN ATTEMPT TO FORCE A DEVELOPER WHO WANTS TO PUT SOMETHING IN A COUNTY TO PROVE TO US THAT IT'S A TRUE MIXED USE DEVELOPMENT. AND THAT WAS THE CONCERN. IF YOU WANT TO COME IN HERE TO OUR COUNTY, YOU NEED TO, UH, AND YOU'RE GONNA HAVE TO EITHER REZONING AND IN THIS CASE, IT'S TO PLAN, UH, PLAN UNIT DEVELOPMENT, UM, A MIXED USE. SO YOU'VE GOTTA BE ABLE TO SHOW THRESHOLD AND SURPASS THAT TO MAKE IT TRULY A MIXED USE DEVELOPMENT. I TOO, LIKE, UH, MY FELLOW COMMISSIONER, I COMMEND THE DEVELOPMENT TEAM FOR MEETING WITH THE WHITAKER'S MILL THREE TIMES. OKAY. WE DON'T SEE THAT VERY OFTEN. UM, YOU MADE SEVERAL CHANGES TO YOUR PLAN, UH, TO TRY AND ACCOMMODATE, UH, SOME OF THE DESIRES OF THE COMMUNITY, TRY TO MEET THEM. AND, AND I THINK YOU'VE, YOU'VE DONE A GREAT JOB TRYING TO DO THAT. THE HANGUP I HAVE IS, IS I DON'T CONSIDER A GAS STATION, UH, A COMMERCIAL COMPONENT OF A MIXED USE. IT CAN BE ONE OF SEVERAL. I'M ALSO HAS A, I ALSO HAVE A CONCERN ABOUT THE OTHER PARCELS. WE'D HAVE NO IDEA WHETHER THEY'RE EVER GONNA BUILD, BE BUILT OR NOT. UH, AND THEY MAY NEVER. SO, UM, I'M NOT SAYING THEY WON'T. AND I ALSO ENCOURAGE THE DEVELOPMENT TEAM THAT THIS COULD NOT BE OVER YET. UH, THERE STILL MAY BE AN OPPORTUNITY TO ROUND OUT THE OTHER COMMERCIAL PROPERTIES SO THE CITIZENS HAVE AN IDEA WHAT THEY'RE ACTUALLY GONNA GET AT THE END OF THE DAY. UH, SOME OF THE THINGS THAT WERE SAID TONIGHT, UM, SOME ARE, UH, SOMEWHAT FACTUAL FROM THE CITIZENS. UH, OTHER THINGS I SEE THAT ARE A BENEFIT TO COMMUNITY, THE RESIDENTS BACK THERE WHO SAID, I'M AFRAID, WHAT ELSE COULD HAPPEN? COULD IT BE WORSE? I'VE SEEN THAT MANY TIMES. RIGHT? UH, THAT'S NOT A REASON TO TAKE SOMETHING BECAUSE YOU'RE, YOU, YOU'RE AFRAID YOU'RE GONNA GET WORSE. UH, YOU WANT TO GET WHAT'S BEST FOR THIS COMMUNITY. UH, SO IT, BUT IT DOES HAPPEN. UM, ECONOMIC OPPORTUNITIES IS A BROAD CATEGORY. ANYTHING COULD BE CONSTRUCTED HERE ON THIS PROPERTY, SOMETHING LESS DESIRABLE THAN WHAT YOU'RE SEEING UP HERE. KEEP THAT IN THE BACK OF YOUR MIND. I ENCOURAGE THE DEVELOPMENT TEAM TO GO BACK AND, AND ONE MORE TIME, SHARPEN YOUR PENCILS, SEE IF YOU CAN LAY OUT THE OTHER COMMERCIAL [01:10:01] PROPERTIES. MAKE IT TRULY A MIXED USE. YOU'RE, YOU'RE ALMOST THERE. UH, BUT AT THIS STAGE, UH, I, I CAN'T BE FOR IT AS A, AS WHERE WE ARE NOW. THANK YOU, MR. CHAIRMAN. THE BUYRIGHT PERSPECTIVE IS, IS A CONCERN. UH, I WOULD AGREE WITH THAT. TOTALLY. UM, IS IT PERMISSIBLE TO ASK WHAT OTHER OFFERS WERE GIVEN TO THE OWNER, UH, THAT WOULD U UTILIZE THE BUY RIGHT SYSTEM? YEAH. UH, MIKE GONER, I'M REPRESENTING THE OWNERSHIP, UH, YOU KNOW, FORMERLY WITH ANHEUSER-BUSCH. I'VE BEEN INVOLVED IN THIS PARTICULAR PROPERTY FOR THE PAST 15 YEARS, UH, RIGHT AFTER MARQUEE WAS, UH, DEVELOPED. AND I'VE BEEN RESPONSIBLE FOR DEVELOPMENT OF ALL THE ANHEUSER-BUSCH GROUND FROM KINGS MILL. UH, AND THIS SIDE OF THE HIGHWAY. IT WAS ALL FORMALLY OWNED BY AB. THIS HAS BEEN ON THE MARKET. UH, THIS PARTICULAR PIECE HAS BEEN ON THE MARKET, UH, FOR THE PAST 15 YEARS, I WOULD SAY. AND, UM, WE ALL KNOW THE STRUGGLES AT THE MARQUEE. UH, THE MARQUEE IS, HAS NOT HAD A NEW USE IN, IN ALMOST 20 YEARS SINCE IT WAS DEVELOPED. UM, I UNDERSTAND THERE'S A PICKLEBALL COMING INTO WHERE THE DICK'S IS. UH, YOU KNOW, THAT'S INCREDIBLE. BUT THE, BUT THE USES THAT THAT HAVE COME TO, TO, TO ME, HAVE ALL BEEN ANYBODY THAT WOULDN'T EVEN CONSIDER THE MARQUEE . SO IT WOULD BE CLASS C TYPE, UH, WAREHOUSE, UH, INDUSTRIAL. I MEAN, I'M TALKING BOTTOM OF THE RUNG. AND SO WHEN I GOT APPROACHED BY, UH, THE YORK COUNTY EDC ABOUT WHAT WE COULD DO TO HELP, UH, STIMULATE THE MARQUEE AND GO TO A HIGHER AND BETTER USE ON THIS PARTICULAR SITE, WE PULLED THE PLUG ON ALL THAT, ON ALL THOSE USES IN FAVOR OF THIS PLAN. AND SO I WENT OUT PERSONALLY AND ASSEMBLED THE BEST TEAM THAT I COULD FIND IN VIRGINIA FOR BOTH RESIDENTIAL AND COMMERCIAL, UH, IN ROCHA PARTNERS IN BONAVENTURE. THESE GUYS ARE SPECTACULAR. THEY DELIVER A VERY HIGH QUALITY PRODUCT. AND FROM THE PERSPECTIVE OF, YOU KNOW, WHAT'S GONNA GO THERE, YOU GOTTA START SOMEWHERE, RIGHT? UH, NOBODY'S GONNA COME DROP DOWN, YOU KNOW, UH, 300,000 SQUARE FEET OF NEW RETAIL SPACE ACROSS FROM THE MARQUEE. IT'S NOT GONNA HAPPEN. BUT YOU'VE GOT TO START SOMEWHERE. AND THIS IS THE HIGHEST AND BEST USE THAT I'VE SEEN BY LEAPS AND BOUNDS FOR THIS PARTICULAR SUBMARKET. AND BY STARTING WITH THIS, YOU WILL ABSOLUTELY CONTINUE THAT MOMENTUM AND HOPEFULLY WITH THE PICKLEBALL COURTS, WITH SOME ACTIVITY WITH THIS CLASS, A RESIDENTIAL SPACE. THE ONLY WAY THAT I WAS ABLE TO GET, UH, UH, UH, SHEETS SIGNED UP AND THEY'RE UNDER CONTRACT WITH THE OWNERSHIP, WAS THAT THEY COULD SEE THAT GROWTH COMING FROM, UH, FROM THIS NEW DEVELOPMENT, WHICH WAS WALKABLE. UH, WHICH THE COUNTY WAS VERY MUCH ASKING FOR A WALKABLE COMMUNITY TO TIE INTO THE, UH, TO, TO THE BIKE TRAIL. AND SO THEY WERE, THEY WERE VERY EXCITED WHEN THEY GOT TO SEE, UH, GOT TO SEE THAT. BUT I, I, I HOPE THAT ADDRESSES WHAT, WHAT WE'RE TALKING ABOUT. UH, IF, IF THERE'S ANY OTHER QUESTIONS FOR, FOR ME IN PARTICULAR, I'M HAPPY TO ANSWER 'EM. ALRIGHT, THANK YOU. UH, THE HISTORIC SIGNIFICANCE OF MILL, I, I TOTALLY AGREE WITH THAT PERSPECTIVE. UM, I DO KNOW THE DEVELOPER DID A PHASE ONE, PHASE TWO ARCHEOLOGY, WHICH IS VERY, VERY IMPORTANT IN, IN HISTORICAL AREAS. I ALSO LIKE THE IDEA, IS THERE POSSIBLE TO PROVIDE SOME PROPERTY TO EXPLAIN THAT STORY A LITTLE BIT BETTER IN, IN THE PROJECT? IF THAT'S SOMETHING THAT CAN BE CONSIDERED, UM, AS WELL THAT IT, YEAH. YEAH. HE'S, THANK YOU. I'M SORRY WAS I SORT OF STOOD UP, BUT IS IT OKAY IF I ANSWERED THAT? SURE. I'M SORRY. GO AHEAD. YEAH. OKAY. UM, I JUST WANTED TO POINT OUT THAT WE DID PROFFER SOMETHING RELATED TO THAT. COULD YOU SPEAK UP PLEASE? YEAH, I JUST WANTED TO POINT OUT THAT WE JUST, THAT WE PROFFERED SOMETHING RELATED TO THAT. OKAY. UM, IT'S IN THE, THE PROFFER, THE, UM, THAT WAS SUBMITTED. WE COMMITTED TO, UH, WORKING WITH A LOCAL PRESERVATIONIST TO DEVELOP A SIGNAGE MARKER HIGHLIGHTING THE HISTORIC NATURE OF THE PROPERTY THAT'S AT THE, THE VILLAGE GREEN AREA. UH, AND WE SHOWED LIKE SOME EXAMPLES OF OTHER LEGACY BOARDS THAT WE'VE DONE AT OTHER PROJECTS. THIS IS NOT A NEW THING FOR US. UM, [01:15:01] AND SO THAT WOULD BE RIGHT AROUND THE AREA WHERE EVERYONE WOULD BE KIND OF LIKE CONGREGATING, HANGING OUT. THERE'S ALSO LIKE A, A POND RIGHT THERE. AND WE ALSO COMMITTED TO UTILIZING HISTORICALLY RELEVANT STREET NAMES. UM, SO WE DEFINITELY WERE, WERE TRYING TO VERY MUCH TAKE THAT INTO ACCOUNT. I'M NOT SURE IF OKAY. ADDRESSES YOUR QUESTION. YES SIR. I DON'T HAVE A LOT TO SAY THAT HASN'T BEEN SAID ALREADY. UH, MICHAEL KING DOWN THERE SAYS THINGS SO ELOQUENTLY, SO, BUT I DO, JUST AS A COMMENT, YOU KNOW, OUTTA THE NINE SPEAKERS, SEVEN WERE AGAINST THIS PROJECT IN CASE YOU GUYS WEREN'T KEEPING TRACK. I HAVE CONCERNS ABOUT ALREADY ASKING FOR THE EXCEPTIONS OF THE, UH, COMMERCIAL LOWER FLOOR AND GREEN BUFFER AND, AND THE PROFFERS AND THINGS. SO A LOT OF IT COMES TOGETHER. I DON'T KNOW WHAT WILL BE COMING DOWN BY WRIGHT OR BY SPATIAL USE PERMIT. UH, A LOT OF THINGS COULD BE DONE IF IT'S BY SPATIAL USE PERMIT. THIS COMMITTEE WOULD ACTUALLY LOOK AT, UH, PRESENT PRESENTATIONS OR THE COMMERCIAL WHATEVER COMES FORWARD AND WE COULD HAVE AN UP OR DOWN TYPE OF VOTE ON THAT. SO THOSE THINGS, THE WHAT IFS YOU CAN GO WHAT IFS FOREVER ON THIS. UH, BUT I DO THINK, UH, FOR ME, THIS IS ONE OF THE TIMES I WANT TO KIND OF LOOK AT THE COMMUNITY AND THEIR COMMENTS AND MORE, UH, MORE WEIGHT THAN OTHERS. THAT'S ALL I HAVE. ALRIGHT. SO I, MY, MY BIGGEST COMMENT, I SPENT A LOT OF TIME ON THE FINANCIALS ON THIS. UM, AND IT'S, AND IT'S INTERESTING THAT, THAT WE, ON THE INCOME SIDE, THEY WENT FOR EVERY, EVERY POSSIBLE BIT OF INCOME THAT THEY COULD, COULD COME UP WITH. BUT ON THE EXPENSE SIDE, THEY SAID, UM, ADULT CORRECTIONS ISN'T AFFECTED. JUVENILE CORRECTIONS ISN'T AFFECTED. UM, SCHOOL DEBT'S NOT AFFECTED. LIBRARY SERVICES ARE NOT AFFECTED. STORM WATER'S NOT AFFECTED. PARKS AND REC IS NOT AFFECTED. AND THEN I, I REALLY GOT AN EDUCATION 'CAUSE I WENT TO THE, UM, COUNTY BUDGET AND THE, THEY USE THE GENERAL FUND, UM, TOTAL BUDGET, UM, FOR THEIR EXPENSES, UH, FOR THEIR, UH, HOW THEY DIVVY THEIR EXPENSES. BUT WHAT'S NOT IN THAT GENERAL FUND IS DEBT SERVICE TO SCHOOLS OF 21 MILLION STORM WATER MANAGEMENT OF JUST UNDER 4 MILLION WORKERS' COMPENSATION FUND OF 375,000 HEALTH AND INSURANCE FOR THE EMPLOYEES OF 18 MILLION. UM, AND THE IN, UH, HEALTH AND DENTAL. AND SO WHEN YOU ADD ALL THAT UP AND START PRORATING A LITTLE BIT OF THAT OUT, AND I DIDN'T, AND I GAVE THEM CREDIT FOR ALL THE COMMERCIAL BEING DEVELOPED, EVERYTHING COMING IN ON THE INCOME SIDE. AND I SHOW IN YEAR ONE A NET LOSS TO THE TAXPAYERS OF $270,000 PLUS. AND SO I'M THIS, AND I'VE BEEN TRYING TO FIGURE OUT WHY WE DO DEVELOPMENT AFTER DEVELOPMENT AND NEVER HAVE INCREASING INCOME TO THE COUNTY. OUR TAXES STILL CONTINUE TO GO UP AND, AND THIS IS, THIS IS PART OF THAT. SO, UM, THAT'S ALL I GOT. SO, UM, ENTERTAIN A MOTION AND IT'S AN R. OKAY. MR. CHAIRMAN, I RECOMMEND WE SEND PC 24 DASH 20 R, IS THAT RIGHT? YEP. TO THE BOARD OF, UH, BOARD OF SUPERVISORS, UH, FOR APPROVAL. ALRIGHT. ROLL CALL PLEASE. THE MOTION BY MR. TITUS IS TO ADOPT RESOLUTION PC 24 DASH 20 R TO RECLASSIFY 32.7 ACRES FROM EO TO BDMU TO ESTABLISH 300 APARTMENTS AND 16.2 ACRES OF COMMERCIAL PROPERTY. MR. TITUS? NO. MR. BROOKS? NO. MR. KING? NO. MR. KRINER? NO. NO. MR. CHAMBERLAIN, NO MOTION FAILED. ALL RIGHTY. THANK YOU ALL. UM, [7. Old Business] LET'S SEE. OLD BUSINESS. WE DON'T HAVE ANY OLD BUSINESS. ANY NEW [8. New Business] BUSINESS [9. Staff Reports/Recent Actions by the Board of Supervisors] STAFF REPORTS. RECENT ACTION BY THE BOARD. ALL RIGHT, THANK YOU. I WILL LET YOU KNOW THAT THE HOMEBASED BUSINESS ORDINANCE IS STILL OUT THERE HARD AND RUNNING. I MEAN, UM, MR. TITUS WAS APPOINTED TO A THREE PERSON COMMITTEE TO WORK WITH, UH, TWO OTHER INDIVIDUALS TO TRY TO COME TO A CONSENSUS ON THE BASE BUSINESS ORDINANCE. AND THEY WORKED OVER THREE MEETINGS [01:20:01] TO COME UP WITH AN ORDINANCE. AND THAT WILL, UH, APPEAR BEFORE THE BOARD OF SUPERVISORS AT THEIR NEXT MEETING ON TUESDAY NEXT WEEK, OCTOBER 15TH. SO, UM, THE, UH, HOUSEKEEPING AMENDMENTS WERE APPROVED BY THE BOARD ON SEPTEMBER, AT THEIR SEPTEMBER MEETING COMING UP ON THEIR, ANOTHER ITEM COMING UP ON THEIR MEETING AGENDA. THE BOARD'S AGENDA ITEMS NEXT WEEK, IS, UH, GRAND OAK, WHICH WAS A DEVELOPMENT THAT THE PLANNING PUSH APPROVED. MANY, MANY, AND THE BOARD APPROVED MANY, MANY YEARS AGO. UM, IS OFF OLD MOTOWN ROAD. IT IS A, UH, SENIOR HOUSING LOW INCOME DEVELOPMENT. AND THEY ARE COMING BACK TO DO AN AMENDMENT TO THE CONDITIONS THAT WERE APPROVED FOR THAT. UH, THEY WERE REQUIRED TO PUT A BUS STOP OUT ON OLD MOTOWN ROAD OR TO LINK A SIDEWALK OVER TO SENTARA. AND WADA IS NOT GONNA PROVIDE WILLIAMSBURG AREA TRANSIT AUTHORITY IS NOT GONNA PROVIDE A BUS LINE THROUGH THERE. AND SENTARA HAS NOT ALLOWED THEM TO CONSTRUCT A SIDEWALK. AND SO THEY REALLY NEED TO CHANGE THAT CONDITION TO SOMETHING ELSE. SO THEY'RE GONNA BUILD SOME ADDITIONAL SIDEWALKS, PEDESTRIAN CROSSINGS AND STUFF ONTO OLD MOTOWN ROAD. UM, SO THE BOARD'S GONNA LOOK AT THAT AS A MINOR EXPANSION OF THEIR SPECIAL USE PERMIT OR A MINOR AMENDMENT TO THEIR SPECIAL USE PERMIT. UM, ON YOUR AGENDA NEXT MONTH, WE WILL HAVE THE, UM, THE DATA CENTERS BACK TO YOU AFTER WE'VE HAD SOME REALLY GOOD DISCUSSION WITH FIRE AND LIFE SAFETY. SO THAT'LL BE BACK BEFORE YOU. AND THEN ALSO WE HAVE ONE APPLICATION FOR SHORT-TERM RENTAL HERE IN YORKTOWN. THE OLD BLACK DOG GALLERY, UM, HOUSE SOLD AND WAS PURCHASED BY A NEW OWNER WHO WANTS TO HAVE A COUPLE ROOMS THAT HE WOULD LIKE TO RENT INSIDE THE HOUSE TO, TO PEOPLE. IT'S NOT A WHOLE HOUSE RENTAL, IT'S JUST A, A COUPLE ROOMS. UM, AS, AS FAR AS EVERYTHING ELSE, EVERYTHING ELSE WAS VERY MINOR ON THERE. I DIDN'T SEE ANYTHING THAT WAS ON YOUR PREVIOUS AGENDAS. BUT, UH, HAPPY TO ANSWER ANY QUESTIONS ABOUT THE DEVELOPMENT ACTIVITY REPORT OR TAKE ON ANY REQUESTS YOU ALL MIGHT HAVE. OKAY. UM, ANY OTHER BUSINESS? ALRIGHT, WE STAND ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.