[00:00:05]
[I. CALL TO ORDER]
LEAVING AT SEVEN O'CLOCK.SO I'D LIKE TO CALL THIS MEETING OF THE DAY RIGHT HERE.
MY NAME IS COMMISSION MEETING TO ORDER.
UM, MAYBE WE HAVE A ROLL CALL.
CHAIRMAN JONES HERE, VICE CHAIRMAN MARSH, NER COMMISSIONER GORDON, COMMISSIONER, MERCHANT COMMISSIONER INGRAM.
WE HAVE A HUNDRED PERCENT ATTENDANCE, UM, APPROVAL
[III. APPROVAL OF MINUTES]
OF MINUTES.WE HAVE MINUTES WERE DISTRIBUTED WITH THE PACKET.
SO DO WE HAVE ANY CONCERNS ABOUT CHANGING THE MINUTES BEFORE THEY'RE APPROVED OR NOT? AND WE HAVE A MOTION TO APPROVE MINUTES TO APPROVE THE MINUTES.
OKAY, SO SECOND IT'S BEEN MOVED AND SECONDED.
UH, AGAIN, UH, YOU COULD HOLD THE COMMISSION COMMISSIONER INGRAM.
WELL, THE MINUTES, UH, AUGUST 18TH, 2021 HALF BEN APPROVED.
UH, THE NEXT IS, UM, NEXT ITEM IS, UM, CITIZEN COMMENTS AND, UM, I HAVE, UM, UH, PEOPLE THAT HAVE SIGNED UP FOR EACH OF THE THREE PUBLIC HEARINGS AND, UM, AND I GUESS I WOULD LIKE TO HAVE THEM COME UP AFTER THE PUBLIC HEARING IS ANNOUNCED.
[V. PUBLIC HEARINGS]
OPEN UP A PUBLIC HEARING.UH, THE FIRST PUBLIC HEARING F R S P U DASH 28 29 DASH 2021.
A SPECIAL EXCEPTION APPLICATION SUBMITTED BY POST RIVER EDGE, LLC REQUESTING A NEW NON-DEDICATED PRIVATE STREET, PURSUANT TO TOWN CODE CHAPTER 1 48, 8 2 0 IN TB AND I B UH, YES, YOU HAVE YOU HAVE YOU HAVE BACK THERE, YOU HAVE SOME COMMENTS ABOUT IT.
I HAVE A HARD TIME HEARING YOU.
UM, UH, FOR THIS ONE WE HAVE A PATIENT IS IT WORKING NOW? OKAY.
UM, THIS SPECIAL EXCEPTION IS REQUIRED, UM, FOR A SUBDIVISION OF PARCEL, UM, 28 1 DASH THREE DASH 5 81.
UH, THE ZONE I TWO AND THE PRIVATE STREET IS REQUIRED BECAUSE THE SUBDIVISION CAN NOT SATISFY THE REQUIREMENTS OF THIS PORTION, WHICH REQUIRES LOTS TO HAVE WHAT A STREET DEDICATED TO AND ACCEPTED BY THE TOWN OF FORT ROYAL.
I'D LIKE TO OPEN THE PUBLIC HEARING THEN, AND WE WILL, UM, WE HAVE, UM, SOME PEOPLE SIGNED UP FOR THAT.
I GUESS THE FIRST ON MY LIST IS WILLIAM BEGGS YES.
MY NAME IS WILLIAM BIGS RESIDE AT 64 OLD BROWNTOWN ROAD FOR NORTHERN VIRGINIA.
UM, WE REALLY ONLY HAVE TWO CONCERNS.
ONE IS WE DON'T HAVE A MAINTENANCE AGREEMENT WITH THE PPOS, AND SECONDLY IS THERE'S A STORM DRAIN PROBLEM AT THE UNDERPASS LEADING INTO IT.
AND ABOUT THREE WEEKS AGO, THE POLICE DEPARTMENT WAS DOWN THERE AND SHUT ENTRY AND EXIT OUT OF THE PARK.
AND I JUST WANT TO GO ON RECORD TO STATE THOSE
[00:05:08]
WILLIAM BENNETT BARNETT.I RESIDE AT 1, 1, 1 5 BUCK MOUNTAIN ROAD, BENTONVILLE, VIRGINIA.
I AM VERY PLEASED TO SEE THIS, UH, THIS, UH, EFFORT TO GET THESE, UH, PRIVATE STREET IN THERE BECAUSE THIS PROPERTY IS AN INDUSTRIAL PROPERTY AND WE HAVE, WE HAVE VERY LITTLE, UH, INDUSTRIAL PROPERTY WITHIN THE LIMITS OF THE TOWN OF FRONT ROYAL.
AND, UH, AND IT'S, UH, AND THIS PROPERTY HAS BEEN USED FOR INDUSTRIAL, UH, SINCE THE, SINCE THE, I BELIEVE THE LATE THIRTIES OR MAYBE 41, I'M NOT SURE WHICH, BUT THE, SO IT'S A HISTORICALLY INDUSTRIAL PROPERTY.
IT IS, IT IS ALSO A PROPERTY THAT IS PRETTY MUCH OUT OF THE VIEW AND THE HEARING OF THE PUBLIC.
SO IT REALLY MAKES FOR A NICE INDUSTRIAL PROPERTY AND EVERYTHING WHERE IT'S, UH, UH, AND IT IS WELL OUT OF THE FLOOD PLAIN AND VERY, AND VERY WELL LOCATED.
AND THE, BUT IT'S BEEN, THIS PROPERTY HAS BEEN SITTING FALLOW FOR DECADES AND IT'S REALLY TIME TO SEE IT RETURN TO, UH, TO USE ONE OF THE FIRST THINGS IN REAL ESTATE WE LEARNED IS THAT LAND IS SCARCE AND IS INTENDED TO BE USED.
AND SO I WOULD, I'M VERY HAPPY TO SEE THIS PROPERTY GETTING BACK INTO REUSE AND REPURPOSING AND, AND, UH, PRODUCING A BETTER TAX REVENUE AND, AND, UH, PERHAPS BOARD JOBS AS WELL FOR FRONT ROW, BECAUSE THIS IS, THIS IS REALLY NEEDED.
AND SO I ENCOURAGE YOU TO APPROVE THIS BECAUSE IT'S A, IT'S A GOOD USE FOR THE PROPERTY AND, AND WILL NOT ADVERSELY AFFECT ANYONE ELSE.
ANYONE ELSE WANTED TO SPEAK? OKAY.
UM, ANY COMMENTS OR QUESTIONS BY COUNCIL COMMISSIONER? I'D LIKE TO JUST ASK A QUESTION TO MR. OKAY.
I'LL CLOSE THE PUBLIC HEARING.
I JUST WANTED TO ASK THE QUESTION, MR. BIGS, YOU LIVE ON BROWNTOWN ROAD.
GOOD, IMPORTANT FACT THAT YOU FORGOT TO SAY, THANK YOU.
AND THE POLICE CLOSED WHAT THE OTHER DAY
THERE PUT SOME STORM SEWER PIPES IN THERE YEARS AGO, WE'RE HAVING DIFFICULTY GETTING ANY ATTENTION AND GET IT TOOK CARE OF.
AND SO IT WAS JUST THE EFFECT OF RAIN THAT CAUSED THAT.
CAN YOU SHOW US ON THE MAP WHERE THE, WHERE THE FLOOD AREA IS? CAN YOU SHOW US WHERE THE FLOOD WAS? SO THAT'S OVER RIGHT THERE WHERE YOUR, WHERE THE DATA THAT LIGHT IS SHOWING.
SO THAT'S THE CHOKE POINT ON GETTING ONTO THE PROPERTY.
UM, DOES ANYONE KNOW IF THE, UH, IF THE TOWN HAS HAD THAT CALL TO THEIR ATTENTION IN THE LAST YEAR TOO MANY TIMES? OKAY.
UM, MR. CHAIRMAN, I HAVE A COUPLE OF QUESTIONS OR COMMENTS.
UM, THE PROPERTY IN QUESTION IS OUTLINED IN GREEN OR COLORED IN GREEN ON THIS MAP, CORRECT? CORRECT.
AND THAT IS A 10 ACRE PARCEL, WHICH CERTAINLY MAKES OUR CODE.
OUR CODE IS VERY SPECIFIC ON EXISTING, UH, PRIVATE ROADS OR PRIVATE STREETS.
LET ME USE THE CORRECT TERM IN OUR ORDINANCE.
THAT REQUIRES A MINIMUM OF TWO ACRES ON AN EXISTING 50 FOOT WIDE, UH, PRIVATE STREET.
NOW WE RECENTLY APPROVED A BOUNDARY ADJUSTMENT FOR THE MIDDLE PARCEL.
IF YOU COULD HIGHLIGHT THAT ALVAREZ YEAH.
THAT PARCEL RIGHT THERE, OF WHICH PART OF THAT PROCESS, UM, TO, TO BACK UP ONE POINT, THE TOTAL PINK AREA
[00:10:01]
WAS AT ONE TIME, TWO PARCELS, CORRECT.A LARGER PARCEL TO THE WEST OF THAT.
AND THEN THE PIECE THAT WENT DOWN TO THE RIVER, TWO LARGE TRACKS OF LAND, IT WAS A BOUNDARY ADJUSTMENT CREATED TO CREATE THESE SMALL, UH, WHITE PARCEL.
AND THEN THE REMAINING PARCEL IS, IS THE PINK AS SHOWN ON THE MAP, UH, AT THE TIME OF THAT BOUNDARY ADJUSTMENT, UM, A 70 FOOT RIGHT-AWAY, IF I'M NOT MISTAKEN WAS CREATED ALONG THE FRONT EDGE OF THAT NEW PARCEL, THERE'S AN EXISTING 25 FOOT ROAD, OUR PRIVATE STREET FROM THE END OF KENDRICK LANE TO THE PROPERTY.
THEN, UH, FROM SOUTH TO NORTH ON THE MAP OR OUT, NOT ON THE MAP EAST TO WEST ON THE MAP NORTH IS ACTUALLY THAT AT, UH, LENGTHWISE OF THE PAPER THERE, UH, THERE IS A VARIABLE WIDTH EXISTING PRIVATE STREET, CORRECT? ALFREDO, CORRECT.
AND THEN WHAT THE GREEN PARCEL IS RUNNING ON THERE IS ACTUALLY A 40 FOOT WIDE ANCIENT PUBLIC STREET NOT BUILT.
I DON'T BELIEVE, UM, FROM THE BOUNDARY LINE OF ADJUSTED PARCEL TO THE OLD KENDRICK FORWARD ROAD.
NOW, APPARENTLY THE KENDRICK FORWARDER ROAD FROM THE POINT OF ACCESS AT THE TWENTY-FIVE FOOT, UH, STRIP, UH, THAT WAS VACATED, CORRECT.
SO, SO AT ONE TIME, KENDRA CLEAN WENT ALL THE WAY DOWN TO THE RIVER FORD AT THE RIVER AND WENT ON THE STRONGBERG, UH, THAT IS NO LONGER IN EXISTENCE.
SO THAT 40 FOOT WIDE, UH, RIGHT AWAY, UH, REALLY SERVED NO PURPOSE AT, AT THE POINT, OTHER THAN ACCESS TO, UH, THAT THERE WAS PROBABLY STILL SOME TYPE OF INTEREST IN THAT RIGHT AWAY, EVEN THOUGH THE TALENT IS NO LONGER MAINTAIN THAT PROPERTY, IF I UNDERSTAND CORRECTLY.
SO, AND THAT THIS APPLICATION IS FOR A SUBDIVISION ON AN EXISTING PRIVATE STREET, WHICH IS OUR CODE HAS TWO TYPES OF STREETS AND EXISTING, AND I PROPOSED, AND THIS IS ALSO LAND ALL AND ZONED INDUSTRIAL AS ONE OF THE SPEAKERS POINTED OUT.
UM, THE QUESTION I HAVE DO THE OCCUPANTS OF THE OVER JENYA UTILIZE THE 25 FOOT WIDE STRIP TO ACCESS THEIR PROPERTY.
BUT THAT IS THAT ISN'T, I'M SORRY, THE WHITE PARCEL YOU'RE TALKING ABOUT THERE.
BUT THAT 25 FOOT WIDE STRIP, WHEN I DROVE OUT THERE TODAY, THERE APPEARS TO BE A YELLOW STRIPE DELINEATING THE TWENTY-FIVE FOOT WIDTH OF THAT EASEMENT.
BUT IT LOOKED LIKE ALL OF THE SUB BUSINESSES LOCATED IN THE OVER GENYA ACTUALLY USE THAT TWENTY-FIVE FOOT STRIP TO GET TO THEIR PROPERTY.
CAUSE I, CAUSE IT'S ONE OF THE UNIQUE THINGS ABOUT AN INDUSTRIAL PROPERTY IS KIND OF LIKE, UM, RIVERTON COMMONS, THE, UH, DEVELOPMENT OUT THERE.
YOU HAVE MULTIPLE LOTS THAT DON'T FRONT ON A PUBLIC STREET, BUT ARE SERVED BY SOME TYPE OF ACCESS, BUT PEOPLE USE ALL OF THE PAVEMENT OUT THERE.
YOU KNOW, I MAY GO TO WALMART, THEN I MAY GO OVER TO, UH, YOU KNOW, GET SOME NEPALESE FOOD AND I'LL GO THROUGH THE PARKING LOT.
SO ACCESS ISN'T REALLY RESTRICTED PER SE.
UM, UH, BY STAYING WITHIN THAT 25 FOOT FOOT ROAD.
IT SPECIFICALLY CALLS OUT FOR A 50 FOOT WIDE RIGHT AWAY.
UM, I DON'T KNOW HOW TO ACCOMPLISH THAT IN THIS PARTICULAR CENTER SCENARIO ONE, THERE ARE BUILDINGS RIGHT NEXT TO THE TWENTY-FIVE FOOT STRIP, CORRECT.
THAT ARE ON THE OVER JENYA PROPERTY.
THERE ARE AT LEAST TWO OR THREE BUILDINGS.
SO YOU COULDN'T WIDEN IT WITHOUT HAVING AN ENCROACHMENT ON THOSE BUILDINGS.
IT IS A DILEMMA IN THAT PARTICULAR, UM, SITUATION.
DO WE HAVE ANY OTHER USERS OF THE 25 FOOT ROAD? WHEN I DROVE OUT THERE, IT LOOKED LIKE THERE WAS A ROAD GOING FURTHER TO THE SOUTH, TO THE, UH, UH, OLD AVTEX PROPERTY OR TO THE SUPERFUND SITE.
IS THAT STILL USED FOR ANYTHING LIKE, OKAY.
SO IT IS USED BY THE OTHER, ANOTHER
[00:15:01]
PARTY FURTHER SOUTH OF THIS SITE.UH, OUR ORDINANCE ALSO CALLS FOR A PLANT OR DEDICATION NOTE, UH, REGARDING PRIVATE MAINTENANCE, UH, W WHEN, WHEN PRIVATE STREETS ARE UTILIZED, UH, VERY CLEARLY STATING THAT THE TOWN DOES NOT MAINTAIN A PUBLIC STREET AND THAT WHO IS ACTUALLY RESPONSIBLE FOR MAINTAINING IT.
UM, THE OTHER ISSUES WE HAVE ARE THE HEALTH DEPARTMENT APPROVAL.
UH ALFREDO'S ANY UPDATE OR DIRECTOR, IS THERE ANY UPDATE ON THAT PARTICULAR INFORMATION I'VE BEEN CONTACTING? UH, JIM DAVIS FROM THE HEALTH DEPARTMENT, WE RECEIVED A TENTATIVE APPROVAL BY EMAIL, BUT NOTHING FORMAL.
SO WHAT IS THAT? YES OR NO? NO, AT THE MOMENT.
ENTIRELY, UH, AND THEN ON A PRIVATE STREET, OF COURSE, ON A PUBLIC STREET, UM, YOU, UTILITY PROVIDERS ARE GIVEN THE OPPORTUNITY TO UTILIZE THE PUBLIC STREETS TO RUN CABLE, UH, AND OF COURSE OUR OWN TOWN, WATER, AND SEWER, UM, HAS, HAS THIS SITE BEEN REVIEWED BY, UH, THE OTHER UTILITY PROVIDERS AND IN THE TOWN? YES.
SO WATER AND SEWER ARE, OR EXCUSE ME, WATER AND ELECTRIC ARE OUR DEPARTMENTS ARE AWARE OF THE SITUATION OUT THERE? YES.
UM, DO WE HAVE COMMENTS ON THOSE? YES.
THE ENERGY SERVICES DEPARTMENT STATES THAT THEY CAN, UH, SERVICE, UH, THE PROPOSED PARCEL 5 82 FROM SOUTH FROM AVTEX, UH, NORTHEAST SITE, UH, PUBLIC WORKS SAID THAT THEY COULD RUN WATER TO THE SITE UP TO A WATER METER.
THAT'S DENOTED IN THE SKETCH PLAT THEREAFTER, BE THE RESPONSIBILITY OF, OKAY.
THE PROPERTY OWNER TOOK ON THE LINE.
I MAY CHIME IN HERE, ALFREDO, WE DISCUSS THIS WITH AND PASS, BUT, UH, THERE WAS, UH, A POINT TO WHERE THEY CAN EXTEND THE UTILITIES.
CAN YOU SHOW IT ON THAT MAP REAL QUICK? SO THERE'S A, THERE'S A WATER METER IN THIS APPROXIMATE AREA.
SO IF WATER WERE BE TO RANCH, THIS SITE USING ITS OWN SERVICE, UH, THE TOWN CAN INSTALL ANOTHER METER HERE THEREAFTER, IF THE APPLICANT'S RESPONSIBILITY TO RUN WATER THROUGH THEIR EXISTING PROPERTY ON IT HERE, OR OBTAIN AN EASEMENT FROM THIS PROPERTY OWNER TO RUN IT ACROSS.
BUT, BUT WE HAVE NOT SEEN, UH, OR RECEIVED ANY KIND OF INFORMATION REGARDING WHO'S GOING TO MAINTAIN WHAT CORRECT.
NO, THE PUBLIC WORKS DEPARTMENT WILL MAINTAIN THEM.
I'M NOT TALKING ABOUT UTILITIES ANYMORE.
APPARENTLY OUR UTILITY DEPARTMENT HAS LOOKED AT IT, BUT DO WE HAVE ANY INFORMATION ON THESE PRIVATE STREETS, UH, IN THE FORM OF EITHER A NOTE ON A PLANT OR A DATE OF DEDICATION REGARDING WHO IS GOING TO MAINTAIN WHAT THERE IS A NOTE ON THIS SKETCH PLAT THAT THE STREET IS TO BE MAINTAINED BY THE JOINT MAINTENANCE AGREEMENT? I HAVE NOT SEEN THE DEED OF THAT MAN.
UM, MR. CHAIRMAN, THE LAST POINT I HAVE OF CONCERN IS THE ACCESS POINT AT KENDRICK LANE AS A SPEAKER SPOKE, UH, REGARDING THE DRAINAGE ISSUE AT THE BOTTOM OF THAT POINT THERE, UM, I ACTUALLY HAVE NO PROBLEM, UH, RECOMMENDING APPROVAL TO COUNCIL FOR THIS DIVISION.
YOU KNOW, IT MEETS THE LOT SIZE AND, UH, IT'S A VERY UNIQUE SITUATION OUT THERE, BUT I THINK, UH, ANOTHER NOTE THAT NEEDS TO BE ON THAT PLAT OR IN THAT DEDICATION, UH, IS, IS MY CONCERN OVER THE OVERBURDENING OF THAT INTERSECTION.
WE HAVE, UH, THORPE STOWING UTILIZING THAT SPACE.
THERE ARE ALL KINDS OF TRACTOR TRAILERS DOWN THERE, AND APPARENTLY THIS SITE WILL BE USED FOR EVEN MORE TRACTOR TRAILERS, UM, IN A PRIVATE SCENARIO SITUATION.
WHAT HAPPENS ONCE THEY GET ON SITE IS NOT A TOWN ISSUE, BUT THAT ACCESS POINT, UM, THAT IF, IF THAT IS DEEMED TO BE OVERBURDENED, I DON'T THINK IMPROVEMENT TO THAT INTERSECTION SHOULD BE THE RESPONSIBILITY OF THE TOWN.
AND I DON'T KNOW HOW TO RESOLVE THAT.
DOUG, IS THERE ANY LEGAL WAY TO ACCOMPLISH THAT? UH, BECAUSE IT'S NOT REALLY THE TOWN'S RESPONSIBILITY.
THE ONLY WAY I WOULD KNOW TO DO IT IS PUT A NOTE ON THE PLAT OR IN A, UM, AN AGREEMENT BETWEEN THE, UH, UH, IN A MAINTENANCE AGREEMENT THAT, UM, THE TOWN, UH, WOULD NOT BE RESPONSIBLE FOR MAINTENANCE, BUT OTHER
[00:20:01]
THAN THAT, I DON'T KNOW OF ANY WAY TO ACCOMPLISH IT.ANY OTHER QUESTIONS, COMMENTS, AND I'LL CLOSE THE PUBLIC HEARING AND SEE IF WE WANT TO VOTE ON THIS ISSUE NOW.
AND, UM, UH, OR AT LEAST HAVE A MOTION FROM SOMEBODY ON THE, ON THE COMMISSION.
WELL, I'LL MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF CONDITIONAL APPROVAL PROVIDED THAT THE VARIABLE WIDTH AND 40 FOOT RIGHT AWAY BEING INCREASED TO 55 FOOT RIGHT AWAY AND EXTENDED LONG EASTERN PROPERTY LINE, THE PARTIAL AND THE TURNAROUND BE PROVIDED FOR EMERGENCY RESPONSE VEHICLES.
AND, UM, I WOULD ALSO LIKE TO ADD FELLOW COMMISSIONERS THAT WE INCLUDE A MEMO TO THE COUNCIL TO PLEASE PAY ATTENTION TO THE REQUEST FOR HELP WITH DRAINAGE, MAYBE TO MOVE IT A LITTLE BIT HIGHER TO THE TOP OF THE PRIORITY LIST, IF WE COULD WORD THAT GENTLY TO THAT EFFECT, BUT POLITELY, BUT RESPECTFULLY BUT FIRMLY.
SO THAT IS MY MOTION THERE A SECOND, SECOND.
IT'S BEEN MOVED AND SECONDED, APPROVE THIS, UM, SPECIAL USE PERMIT, A SPECIAL EXCEPTION.
AND, UM, THERE ARE NO OTHER QUESTIONS, COMMENTS, UM, JUST A CLARIFICATION ON THE MOTION.
I THINK IT, IT, I THINK WE HAD A MOTION AND THEN, UM, UH, COMMISSIONER MARCIA, COULD YOU CLARIFY THAT THE END OF THAT WAS A COMMENT THAT YOU WOULD LIKE US TO? YES, YES.
THAT'S A MEMO TO ATTACH TO THE, YOU SAID THE TRANSMISSION WHEN WE SEND IT TO THE COUNCIL TO POINT OUT THAT THE PUBLIC IS CONCERNED ABOUT THIS DRAINAGE ISSUE AND HAS TRIED TO GET THE ATTENTION OF THE TOWN WITHOUT SUCCESS.
AND PERHAPS THAT COULD BE, GIVE US A BIT OF ATTENTION.
SO THE MOTION WAS INTENDED TO, TO END WITH THE TURNAROUND.
WITH THE ADDITION OF A SEPARATE MEMO OF TRANSMISSION.
ANY OTHER COMMENTS THAT MS. POTTER WHERE YOU PULL THE COMMISSION GORDON? YES.
HEY, SO THIS, UM, AS PUBLIC HEARING IS COMPLETE AND THE, UM, AND IT HAS BEEN APPROVED, HEY, THE NEXT, UH, PUBLIC HEARING I WOULD LIKE TO REVOKE ONE UP IS F R S U P DASH 28 59 DASH 2021.
A SPECIAL EXCEPTION OF APPLICATION SUBMITTED BY CHRIS HOLLOWAY CONSTRUCTION REQUESTING A NEW NON DEDICATED PRIVATE STREET PURSUANT TO TOWN CODE CHAPTER 1 48 DASH EIGHT, 20.9 PUNCH POINT AND 0.1 POINT V TO SERVE PARCELS T M O A SEVEN DASH 15 THREE DASH 5 8 1 5 8 2 5 8 3 5 8 4 5 8 5 5 8 6.
ALL OF THE ZONES ARE THREE ACCESSED OFF OF CARTER STREET.
SO I'D LIKE TO OPEN THIS PUBLIC HEARING AND, UM, I BELIEVE, UM, I BELIEVE WE HAVE, UM, EXACTLY READ THIS IS KAREN HOUSER.
THAT IS AN HAM THERE ON THE END.
ISN'T IT? UM, MY NEIGHBORS AND I LIVE JUST DOWN THE HILL FROM THAT SITE ON STEEL AVENUE AND OUR MAJOR CONCERN IS A RUNOFF FROM THERE.
SO I DON'T KNOW WHAT KIND OF TEMPORARY ROAD OR, OR WHATEVER ROAD HE'S REQUESTING TO PUT IN THERE, BUT WITH HOPES THAT THERE'S GOING TO BE SOME SORT OF STORM SEWER OR SOMETHING TO CATCH THE WATER SO THAT OUR YARDS DON'T CONTINUALLY GET FLOODED AND MUD IN THEM.
AND I GOT PICTURES TO SHOW YOU WHAT'S BEEN GOING ON IF YOU CARE TO SEE THEM.
[00:25:04]
AND THIS IS NOT NEW, RIGHT.IT'S BEEN, IT'S BEEN GOING ON FOR YEARS, RIGHT.
UM, AND INITIALLY WHEN WE WOULD GET A RAIN, IT WOULD RUN THROUGH, THROUGH MY GUARD AND BE GONE, BUT NOW IT SITS, THERE JUST SITS THERE.
THERE'S MOTHER, NEITHER SIDE OF MY FENCE THAT DOESN'T LET THE WATER GO ANYWHERE.
AND I MEAN, I'M TALKING ABOUT THAT MUCH MUD THAT'S COME DOWN THE HILL.
UM, AND I UNDERSTAND THAT WATER FLOWS DOWNHILL.
UM, BUT THERE JUST SEEMS LIKE IT SHOULD, THERE SHOULD BE SOME RECOURSE.
ANY OTHER PUBLIC COMMENTS?
UH, COULD YOU PUT YOUR NAME AND, UM, UH, I DID NOT.
IS THERE A PAPER? OH, IT WASN'T PAPER HERE.
YOU WANT TO STATE YOUR NAME FOR THE RECORD PLEASE? CHRISTOPHER SETTLE.
I'VE ALSO ONLY LIVED HERE IN FRONT ROYAL SINCE, UH, FEBRUARY.
UH, I JUST WANTED TO ADD TO WHAT SHE SAID.
UM, CAUSE I HAVE PICTURES AND VIDEOS ON MY PHONE.
IF YOU CARE TO TAKE A GANDER AT THAT REAL QUICK, UH, THE FURTHER THE, I GUESS DAMAGE CAUSE MY, MY, MY YARD IS THE BIG IS THE, NOT THE, THE FARTHEST HOUSE IN THE RIGHT OF THE TOWNHOMES AND THE, THE VERY FIRST RAIN, LIKE A REALLY BIG RAIN WE HAD BACK JULY 1ST.
UM, IT MADE, UM, IT CAUSED ALL THE CAUSE HE PROBABLY, HE HADN'T, I GUESS HE HADN'T STARTED HIS CONSTRUCTION YET.
IT WAS JUST A BLANK SLATE IT GROUND.
IT WAS JUST THE, ALL THE GRASS WAS TORN UP AND IT WAS JUST DIRT THAT RAINFALL CAUSED EVERY, UH, CAUSE ALL THE, A LOT OF THE MUD TO START DRAINING DOWN INTO OUR YARDS.
SO MY YARD HAS, I THINK HAS THE MOST AMOUNT OF MUD IN IT.
UH, SO I GOT A FEW INCHES OF MUD LAYERED IN MY YARD AND EVERY TIME IT RAINS, IT COMES DOWN.
UH, I THINK THE THING MAYBE EARLIER THIS MONTH OR LATE LAST MONTH, HE FINALLY PUT UP A, UM, I GUESS WE'LL JUST CALL IT A SILK FENCE AND THAT, I GUESS THAT, THAT STOPPED THE MUD A LITTLE BIT, BUT IT'S STILL, IT'S RUNNING UNDERNEATH EVERYTHING.
IT DIDN'T REALLY DO ANYTHING AND IT'S NOT JUST CAUSING DAMAGE IN OUR YARD.
THE WATER THAT'S DRAINING DOWN THE HILL INTO MY YARD IS FLOWING TO THE RIGHT OF MY HOUSE DOWN ANOTHER HILL INTO THE TOWNHOMES BESIDE ME.
UM, AND I, I HAVE VIDEO PROOF OF THAT ON MY PHONE.
UM, BUT YEAH, CURRENTLY, CURRENTLY THAT, UH, YES, THE, UH, CURRENTLY THAT'S AN OLD MAP, SO IT HAS A BUNCH OF TREES THERE.
UM, BUT THE, MY PLOT WOULD BE THE, UH, IT'S HARD TO SEE MY EYES.
AND THIS IS THE CLEARING OF THE LAND THAT IS CAUSING THIS PROBLEM AT THE TOP OF THE HILL? BEHIND MY HOUSE.
ANYTHING AM I ABLE TO SHOW YOU THE VIDEO OR AFTER, OR, I MEAN, IF YOU WANT TO HANG AROUND, I'LL BE HAPPY TO LOOK AT IT.
[00:30:01]
ANY OTHER COMMENTS? YES.CHRIS HOLLOWAY, FRONT ROW, VIRGINIA.
UM, UH, YEAH, I KNOW THE, UH, ABOUT THE RUNOFF.
UH, IT, UH, IT'S BECAUSE OF THE, UH, THE UP TOP OR THE PROPOSED TOWNHOUSES ARE TO BE BUILT.
UH, THAT'S WHERE WE HAD STOCKPILED, UH, THE DIRT AND EVERYTHING FROM THE, THE LOTS BELOW.
UM, AND, UH, THERE'S NO VEGETATION UP THERE.
UM, AND MY GUYS, I DID HAVE GO UP, BUT SO FENCE UP A WHILE BACK.
UM, BUT WE DID HAVE SOME HEAVY RAIN AND, UH, IT DID, YOU KNOW, GO THROUGH, UH, BUT THEY FIXED IT.
UM, CAN'T SAY IT WON'T HAPPEN AGAIN.
UH, BUT UH, THERE WAS A SWELL IN THE BACK OF THEIR YARDS WHERE THE WATER RUNS AROUND.
UM, AND IT DOES, IT RUNS DOWN ALONG THE LAST GENTLEMAN'S HOUSE IT'S SUPPOSED TO RUN DOWN.
IT GOES DOWN THE STREET TO THE STORM, SEWERS DOWN, UH, UH, STEEL.
AND THEN ON THE OTHER SIDE, UH, I BELIEVE STEEL WAS SUPPOSED TO GO ON DOWN THROUGH, UM, UH, TO, UH, ACT AND I THINK IT IS, UM, YEAH, I THINK, I THINK IT'S A STREET OVER THERE, BUT THERE'S A, THE, UH, JUST EMPTY LOT.
UM, I BELIEVE THAT'S THE, A CONTINUOUS OF STEEL THAT NEVER HAPPENED, BUT THAT'S WHERE IT RUNS DOWN ON THE OTHER SIDE.
SO, BUT, UH, THESE LOTS, UM, THERE WAS ACTUALLY 10 LOTS TO BEGIN WITH.
UH, THEY WERE PLANTED, I THINK, BACK IN THE EIGHTIES.
UM, AND WHAT WE BASICALLY DID, UM, UM, BASICALLY DID BOUNDARY LINE ADJUSTMENTS BECAUSE THERE'S NO WAY TO BUILD, UM, WITH THE EXISTING LOTS THAT WERE THERE, UM, WITH PUTTING IN A 40 FOOT, UH, IT CONTINUING CARTER DOWN.
SO ON STEEL, WE, UH, MADE FOUR NEW LOTS AND THAT LEFT US WITH, UH, I THINK IT WAS FIVE UP ON TOP AND WHAT WE'VE DONE.
WE HAD ENOUGH ROOM, WE CREATED SIX.
SO THAT BASICALLY PUT US BACK TO 10 LOTS.
UM, AND THERE IS ACCESS OFF OF STEEL ON TO THE PROPERTY AND SCOTT STREET.
AND THE ONLY WAY TO MAKE IT WORK WAS A PRIVATE STREET, 20 FOOT WIDE PRIVATE STREET ACROSS WITH THE FOOTPRINT OF THE TOWNHOUSES.
YOU WOULDN'T HAVE MUCH OF A TOWNHOUSE AT ALL TO, UM, PUT IN HER IF YOU HAD TO PUT A 40 FOOT WIDE STREET IN THERE.
SO THAT'S MY, THAT'S MY SPIEL.
ANY OTHER COMMENTS? CLOSE THE PUBLIC.
MR. CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION, JOE BROGAN.
UM, I'M WITH BERGEN THE ANSWER BANG, UH, RESIDE AT 1 43 BERGENS LANE, BENTONVILLE, VIRGINIA.
AND, UH, WE DID THE SURVEY WORK ON THE PROJECT.
AND IF HE HAD, UM, THIS HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE, I GUESS THE INTERESTING QUESTION WOULD BE, IS THERE A QUICK, VERY GOOD, UH, CURE FOR THE RUNOFF PROBLEM? UM, THAT WOULD PROBABLY BE A QUESTION FOR MR. HOLLOWAY, BUT I WOULD ASSUME IF THERE'S SILT FENCE LEAKING OR IF IT'S GOING OUT TO THE SILK FENCE AND THEN THE SILT FENCE PROBABLY NEEDS SOME MAINTENANCE.
I WAS THINKING SOMETHING MORE PERMANENT THAN A OKAY.
I SAID SUPER SILT FENCE GOT CHAIN LINK WITH IT.
UM, I MEAN THE, WELL, THE PLOT PLAN FOR THE, FOR THE TOWNHOUSES CALLED FOR SWALES TO RUN THE, THE RUNOFF ALONG THE, THE ENDS OF THE TOWNHOUSES, UH, TO THE EAST, TO THE REAR OF THE PROPERTY, INTO THE NATURAL DRAINAGE.
SO ONCE THE, YOU KNOW, THE TOWNHOUSES ARE CONSTRUCTED AND THE SEATED AND STRAUD AND, YOU KNOW, ALL THE RUNOFF GETS SLOWED DOWN BY ESTABLISHED GRASS.
UM, THEN HOPEFULLY THAT SHOULD TAKE CARE OF THE RUNOFF PROBLEMS. OKAY.
I WILL, UM, I'LL CLOSE THE PUBLIC HEARING AND SEE IF WE HAVE OTHER QUESTIONS OR COMMENTS FROM COMMISSIONERS, MR. CHAIRMAN, IF I MIGHT.
UM, UH, I'VE BEEN TRYING TO READ THROUGH ALL OF THE STAFF COMMENTS.
UH, THIS, UH, SUBDIVISION HAS, HAS HAD A VERY CIRCUITOUS ROUTE, UH, OVER THE LAST, UH, SINCE JUNE 26TH, APPARENTLY.
UM, IF I UNDERSTAND CORRECTLY, UH, DIRECTOR, UM, THIS PLAN OF SUBDIVISION
[00:35:01]
SHOWING A 20 FOOT WIDE PRIVATE STREET WAS APPROVED ON JUNE THE 25TH, 2021 SIGNED BY THE TOWN MANAGER, OUR INTERIM PLANNING DIRECTOR AND FINANCE DIRECTOR.UM, HOWEVER, IT WAS JUST RECENTLY NOTED THAT ANY SUBDIVISION ON A NEW PRIVATE STREET REQUIRES A CON A SPECIAL EXCEPTION TO BE REVIEWED BY THE PLANNING AND TOWN COUNCIL FOR A NORMAL MINOR SUBDIVISION.
UM, THE SITUATION IS SUCH THAT THE PLANNING DIRECTOR CAN APPROVE THAT PLANT NOW.
SO FOR A PRIVATE STREET, BEFORE WE EVEN TALK ABOUT THE DEFINITION OF A PRIVATE STREET OR HOW BIG IT HAS TO BE OR WHAT IT SHOULD BE, UM, UH, THE, THE SPECIAL EXCEPTION IS REQUIRED TO UNDERSTAND THAT ONCE THE APPLICANT WAS MADE AWARE OF THAT THIS PLANT HAS SINCE BEEN VACATED AT THE COURTHOUSE, IS THAT CORRECT? YES.
THE PLAT WAS VACATED YESTERDAY.
SO THE PLANT HAS BEEN, THAT WAS RECORDED APPROVED ON, UH, JUNE 25TH RECORDED ON JULY.
SO WE ARE NOW, THEY, THE PUBLIC HEARING BEFORE US TONIGHT WAS FOR THE SPECIAL EXCEPTION FOR A PRIVATE STREET.
AND THE RENAMING OF SAID STREET, IF I UNDERSTAND THE APPLICATION CORRECTLY.
SO, UM, A SUBDIVISION ON A NEW NON-DEDICATED STREET, UH, MAY BE PERMITTED UPON THE APPROVAL OF A SPECIAL EXCEPTION BY TOWN COUNCIL THAT A SPECIAL EXCEPTION.
I MEAN, THE, THE REGULATIONS ARE VERY CLEAR IN THE CODE AS TO WHAT THE PLAN OF COMMISSION DOES AND WHAT COUNCIL DOES WE WILL RECOMMEND TO, UM, TOWN COUNCIL, IF THIS PRIVATE STREET IN FACT SHOULD BE, UH, APPROVED FOR, FOR THAT PURPOSE.
UM, AND AGAIN, IN A PROPOSED PRIVATE STREET, YOU HAVE TO REALIZE, OR YOU DON'T HAVE TO REALIZE THAT ONE OF THE THINGS, UH, THAT OUR PRIVATE STREET ORDINANCE ENTAILED WAS BACK IN THE DAY WHEN WE ANNEX THE LOCUS DALE ROAD AREA, OR THAT, THAT, THAT, UH, EASTERN PART OF THE TOWN.
UH, WE HAD, UH, A COUPLE OF PRIVATE STREETS OUT THERE THAT WE HAD NOTHING IN OUR ORDINANCE TO DEAL WITH.
UH, IF YOU READ IN THE ORDINANCE FOR AN EXISTING OR SUBDIVISION ON ANY EXISTING PRIVATE STREET, IT REQUIRED THE EASEMENT TO BE 50 FEET, UH, WITH THE EXCEPTION OF A SMALL PART AT LOPEZ DALE ROAD, THAT WAS FROM ROUTE 55, UH, THROUGH SOME PRIVATE PROPERTY BEFORE YOU GOT TO THE SUBDIVISION PROPER, UM, IT ALSO LISTED FOR AN EXISTING PRIVATE STREET THAT THE MINIMUM PAVEMENT WITH BE 20 FEET FOR THAT, UH, I'VE BEEN INFORMED BY COUNCIL THAT, THAT THIS PARTICULAR SUBDIVISION IN FACT, IS THAT, THAT NONE OF THAT CODE APPLIES THAT THE TWO ACRE MINIMUM WOULD NOT BE APPLICABLE FOR A NEW SUBDIVISION STREET, BUT, UH, OUR SUBDIVISION AND LAND DEVELOPMENT ORDINANCE UNDER SECTION 1 48, 8 20 IN ONE B ITEM FIVE SAYS DETAILED INFORMATION ON THE PROPOSED PRIVATE STREET STANDARDS WITH AN EXPLANATION ON THE REASON FOR ANY MODIFICATION TO THE PUBLIC STREETS STANDARDS OF THIS CHAPTER.
HAS THERE BEEN ANY EXPLANATION OF WHY A 20 FOOT STREET, OTHER THAN IT MAKES THE SUBDIVISION WORK, UM, AS TO WHY WE SHOULD MODIFY OUR STREET STANDARDS FOR THIS DEVELOPMENT, THE NORMAL STREET AND THE TOWN OF FRONT ROYAL IS A 50 FOOT WIDE RIGHT AWAY WITH A 36 FOOT OF PAVEMENT.
UH, I BELIEVE WHEN I LOOK AT THE ORDINANCE AND LOOK AT THE INTENT, THE INTENT WAS NOT TO ENCOURAGE, UM, PRIVATE STREETS, THAT IF THE PROPERTY OWNERS WANTED TO PRIVATE STREET, THAT WAS FINE.
THEY COULD PETITION THIS THROUGH THE SPECIAL EXCEPTION AND HAVE A SITUATION WHERE THE PRIVATE STREET, BUT I SEE NOTHING IN HERE THAT SAYS THAT WE SHOULD BUILD AT LESS THAN WHAT OUR PUBLIC STANDARDS ARE FOR STREETS, ANYWHERE ELSE IN THE TOWN, IN CASE THE PROPERTY OWNERS WISH TO BE INCLUDED IN THE PUBLIC STREET SYSTEM, BECAUSE THEY DO LOSE CERTAIN,
[00:40:01]
UM, UH, PRIVILEGES.WHEN YOU HAVE A PRIVATE STREET, THERE'S NO TRASH REMOVAL, THERE'S NO, UM, SNOW REMOVAL, UM, AGAIN, UTILITY ACCESS, YOU KNOW, IT, IT DOES CREATE A PROBLEM.
I'M NOT SAYING YOU CAN'T DO IT.
I JUST DON'T KNOW HOW WE ENDED UP WITH A 20 FOOT STREET.
AND I THINK THAT'S ONE OF THE ISSUES BEFORE US TONIGHT IS, IS THAT 20 FOOT STREET.
NOW WE'VE LISTENED TO SOME CITIZENS TALK ABOUT DRAINAGE.
WE KNOW DRAINAGE IS AN ISSUE OUT THERE.
UH, AND IN A NORMAL STREET SCENARIO, WE HAVE CURB AND GUTTER.
WE HAVE CALCULATIONS BY AN ENGINEER TO DETERMINE IF STORM DRAIN IS FLOWS INTO AN ADEQUATE CHANNEL.
UM, UH, THE PLANS THAT HAVE BEEN SUBMITTED TO DATE, I HAVE NOT SEEN ANYTHING ON THEM, UH, INDICATING, UH, HOW THEY'RE TYING IN TO CARTER STREET OR SCOTT STREET.
UH, WE JUST RECENTLY SPENT A LOT OF MONEY.
THE TOWN DID PUT IN CURB AND GUTTER IN THAT NEIGHBORHOOD.
AND, UM, UH, I DON'T KNOW HOW WE CAN JUSTIFY NOT REQUIRING CURB AND GUTTER FOR THIS DEVELOPMENT.
UM, SO, SO I HAVE SOME ISSUES THERE.
UM, AND IN ADDITION TO THAT, THE, THE SAME THAT GOES WHEN WE TALKED ABOUT THE EXISTING PRIVATE STREETS, WAS THAT THE DATE OF DEDICATION, UH, SHOULD LIST THE MAINTENANCE AND, UH, PRIVATE DEED RESTRICTION REGARDING, UM, A NOTICE TO THE PROPERTY OWNERS REGARDING THE SAD LIMITATIONS OF SERVICES.
AND I HAVE NOT SEEN ANY OF THAT WITH THIS APPLICATION.
IS THAT CORRECT? IT IS CORRECT.
THANK YOU, MR. CHAIRMAN, ANY OTHER COMMENTS? QUESTIONS? OKAY.
UH, MR. CHAIRMAN, UH, QUESTION FOR THE DIRECTOR.
UM, SO TONIGHT WE'RE TALKING ABOUT A SPECIAL EXCEPTION FOR THE PRIVATE STREET, UM, WOULD THERE THEN BE A FOLLOW ON, UM, SITE PLAN THAT WOULD NEED TO BE APPROVED OR REVIEWED AS WELL? UM, ONCE THE TOWNHOMES ARE, UH, I GUESS, APPLIED FOR, WELL PRIOR TO, OOPS, SORRY, MY MIC IS ON, MY MIC IS ON, UM, TYPICALLY YOU WOULD HAVE THE SPECIAL EXCEPTION, UM, APPROVED FIRST BECAUSE THE SPECIAL EXCEPTION HERE, WHEN WE'RE TALKING ABOUT PROVIDING ACCESS TO LOTS, UM, IF YOU DON'T HAVE ROAD FRONTAGE, THE LOTS ARE NOT TECHNICALLY LEGAL, THEY ARE LANDLOCKED.
SO, UM, THIS IS ONE OF THE FIRST STEPS THAT WOULD HAVE TO HAPPEN AFTER THE APPROVAL OF THE SPECIAL EXCEPTION AND RECREATION OF THE PLAT.
THEN WE WOULD, UM, HAVE SITE PLAN REVIEW, UM, AND THEN YOU WOULD GO INTO THE, GETTING THE ZONING PERMITS, AND THEN BUILDING PERMITS.
UM, TO MY KNOWLEDGE, THERE WAS A SUBDIVISION PLAN THAT WAS SUBMITTED.
UM, WHAT WAS THE DATE? JULY 29TH? I BELIEVE I HAVE NOT SEEN THAT PLAN.
UM, MY, MY COMMENT THERE WOULD BE THAT WHEN THAT PLAN DOES COME FORWARD, UM, I THINK THAT WOULD ADDRESS DRAINAGE ISSUES ON THE SITE.
UH, CAUSE THAT WOULD BE ONE OF THE REQUIREMENTS.
UM, I WOULD SAY CURRENT DRAINAGE ISSUES, UM, IS AN ENS ISSUE THAT THE COUNTY INSPECTOR WOULD BE THE APPROPRIATE PERSON TO TALK TO THEIR, BUT COUNCIL OR SORRY, THE PLANNING COMMISSION MAY ALSO RECOMMEND THAT COUNCIL APPROVE THIS AND THEN POTENTIALLY REQUIRE, UM, YOU KNOW, LANDSCAPING, SOME TYPE OF BUFFERING.
YOU CAN, I THINK YOU CAN RECOMMEND BEYOND WHAT THE CODE STATES TO HELP MITIGATE SOME OF THESE DRAINAGE ISSUES, BUT THAT IS AT YOUR DISCRETION, BUT IT SOUNDS LIKE THE DRAINAGE ISSUES IS, ARE BECAUSE OF CONSTRUCTION.
AND I THINK TO THE POINT THAT WAS MADE EARLIER, ONCE IT STABILIZED, UM, AT LEAST THE MUD RUN OFF SHOULD NOT BE AN ISSUE.
THERE WOULD PROBABLY STILL BE WATER COMING THROUGH, BUT, UH, I BELIEVE THE WOULD BE, UM, AS MR BROGAN SAID TO RUN IT TO THE BACK OF THE TOWNHOUSES.
UM, SO, UM, I, I GUESS, UM, THE, UM, THAT STRAIGHTENED OUT WOULD NOT BE A THROUGH STREET.
IS THAT CORRECT? THAT'S CORRECT.
UH, MR. SHARON, I THINK ONE OF THE QUESTIONS THAT THIS BODY HAS TO LOOK AT IS DO WE WANT THE PRIVATE STREETS AND RESIDENTIAL AREAS
[00:45:01]
OF LESS THAN THE REQUIRED IF THEY WERE A PUBLIC STREET? UM, I CERTAINLY DON'T WANT TO SEE THAT, BUT I DON'T KNOW HOW THE OTHER COMMISSIONERS FEEL.OH, MS. SHERMAN, MY CONCERN IS, UH, IS ANY CONSIDERATION GIVEN TO EMERGENCY VEHICLES FOR ACCESS? I MEAN, AS FAR AS, UM, YOU KNOW, HAS ANYBODY REACHED OUT TO, YOU KNOW, TO PUBLIC WE'RE INTO THE, YOU KNOW, JUST SAY, HEY, CAN YOU GET A FIRETRUCK THROUGH HERE? OR, YOU KNOW, UH, CAUSE EMS COMES THROUGH HERE, IF THERE'S A FIRE TRUCK AND THERE'S AN AMBULANCE AND THERE'S A, YOU KNOW, THERE'S A CLOG RIGHT THERE.
SO, YOU KNOW, IT'S SOMETHING THAT HAD TO BE ADDRESSED AS WELL.
UH, UH, YOU KNOW, CAUSE I KNOW FIRETRUCKS, THEY'RE GOING TO COME IN AND SAY, OKAY, WELL WE, WE, YOU KNOW, IT'S NOT A WANT, IT'S A NEED, THAT'S WHAT THEY'RE GOING TO SAY.
YOU KNOW? AND, AND UH, YEAH, I BELIEVE WE INCLUDED IT IN YOUR PACKET.
STAFF HAS ISSUED A LETTER TO THE APPLICANT AND, UM, THE SURVEYOR STATING THAT WE DID HAVE CONCERNS ABOUT, UM, EMERGENCY VEHICLE ACCESS AND DRAINAGE ON THE SITE.
WELL, I'LL JUST, I'LL JUST GO AND ADD, TO SAY, I AGREE WITH THE OTHER COMMISSIONERS FROM THAT COMMENT ABOUT THE DRAINAGE.
UH, I THINK THAT, YOU KNOW, IT'S, IT'S PRETTY MUCH ALL, BUT AVOIDABLE THERE IS GOING TO BE DRAINAGE WHEN, WHEN, WHEN LANES DISTURBED LIKE THIS.
UH, BUT I WOULD LIKE TO SEE THAT, YOU KNOW, SHOULD THIS GET APPROVED OR, YOU KNOW, GET, GET RAN THROUGH THAT.
THERE IS AN ADDITION FOR IT TO ADDRESS THE DRAINAGE ISSUE, BUT I, I, YOU KNOW, I UNDERSTAND THAT THAT WILL BE UNDER A DIFFERENT REVIEW DONE UNDER A DIFFERENT, UH, AUTHORITY.
SO UM, I DO ADDRESS, UH, THE COMMENT OF WHETHER OR NOT WE WANT PRIVATE STREETS THAT DON'T MEET THE STREET STANDARD.
I WOULD SAY, NO, I WOULD NOT BE A FAN OF A 20 FOOT STREET.
UM, ESPECIALLY WHEN YOU'RE COMING UP CARTER STREET AND YOU'D BE GOING FROM A 40 FOOT RIGHT.
AND THEN THAT'S ASSUMING YOU'VE GOT PAVEMENT ACROSS THE ENTIRE RIGHT OF WAY, WHICH I JUST DON'T KNOW HOW THAT WOULD WORK.
MR. CHAIRMAN, COULD I ASK MR. HOLLOWAY QUESTION? I THOUGHT I HEARD YOU SAY THAT THIS APARTMENT TOWNHOUSE DEVELOPMENT WOULD BE ACCESSIBLE FROM BOTH STEEL AVENUE FROM, UH, CARTER AND SCOTT CARTER AND SCOTT.
I THOUGHT I HEARD YOU SAY, OKAY.
MY MISTAKEN CONVENIENTLY ALL AT AN UPPER, UM, SCOTT, I'M SORRY.
UM, UH, CARTER STREET COMES OFF A B UM, AND IF YOU'VE SEEN IT, IT LOOKS JUST LIKE A DRIVEWAY.
THERE HASN'T BEEN ANYTHING DONE IN CARTER STREET THERE, IT LOOKS LIKE A DRIVEWAY GOING INTO THE EXISTING TOWNHOMES THAT ARE THERE NOW.
UM, AND I MEAN, WHAT I PLANNED ON DOING WAS, UH, PAVING THE PRIVATE STREET UP TO, UM, RECORDER STARTS AND THEN OUT TO, UH, SCOTT, DAVID, AND MALARIA.
SO YOU'RE SAYING THAT YOU'RE PLANNING TO PAVE FROM WHERE CURTIS STREET ENDS, WHATEVER THE ENDS MEAN.
OH, THE TANTRUMS SHOULD HAVE PROBABLY WHEN THEY WERE UP OR DOING THE CURB GUTTER AND ALL OF THE, UH, THE BABY, UH, HAD DONE THAT AREA, BUT I DIDN'T KNOW MYSELF THAT, UH, THAT WAS IMPORTANT QUARTER STREET UNTIL AGAIN, THIS WHOLE PROCESS.
AND THEN YOU'LL PAY FROM THERE UP TO SCOTT STREET.
SO IT WOULD STILL BE 20 FEET FOR THE LAST THREE LOTS.
SO, SO YOU'RE TALKING 60 FEET, PROBABLY 60 FEET, RIGHT? UH, 60 FEET IN LENGTH.
YES MA'AM BUT THAT REALLY ISN'T GOING TO TURN AROUND A FIRETRUCK IN NO, BUT THEY WILL.
I MEAN, THEY WILL HAVE A POINT TO COME IN.
THEY HAVE TO COME IN OFF OF A BEATEN WITH A QUARTER AND OUT THROUGH SCOTT OR WHICH, OR WHERE THEY WANT TO.
I THINK SCOTT AND, UM, SCOTT'S ONLY 40 FEET WIDE.
THERE'S STILL ABOUT HALF OF THAT TO DEAD END THOUGH.
THAT IS ABOUT HALF OF THAT IS STILL DEAD END.
WELL, IT WOULDN'T BE A DEAD END IF, UH,
[00:50:01]
IT OPENS UP.I MEAN, YOU WOULDN'T HAVE ACCESS TO PAUL SCOTT AND CARTER STREET.
IT WON'T BE A DEAD END ANYMORE RIGHT NOW.
IT'S IT DID IT, IT GOES RIGHT ONTO MY PROPERTY.
JUST ADD TO WHAT YOU SAY IN REGARDS TO THE FIRETRUCKS AND EVERYTHING CLOSE TO, TO MY KNOWLEDGE, I KNOW I HAVEN'T BEEN HERE FOREVER, BUT THE CLOSEST FIRE HYDRANT IS RIGHT ON THE EDGE OF MY PROPERTY AND THAT'S DOWN DOWN THE HILL PRETTY MUCH.
SO HE WOULD HAVE PAID ALL OF THAT JUST TO GET TO IT.
AND THERE'S NO BACKWARD, BUT THEN YOU'D HAVE TO BACK OUT.
YOU WOULDN'T BE ABLE TO TURN ONTO THE STREET, GO STRAIGHT AHEAD.
THAT'S WHAT I, IT LOOKED LIKE TO ME.
AND IF I MIGHT ADD STEEL STREET RIGHT BELOW IT, MAYBE WHAT 35 WOULD BE.
WHY, BUT THERE'S NO HAMMERHEAD, COAL SEPARATING THING THERE.
SAME THING, EVEN THOUGH IT'S WATER OR TRUCKS AND ALL GET FROM ME AND IT WILL BE ALL STREET PARKING FOR ALL THE HOUSES.
SO MR. SETTLE, YOU WENT OUT AND LOOKED FOR THE FIRE HYDRANTS.
WELL, I MEAN, I CAN SEE IT FROM MY BACK YARD BACK MY HOUSE WHEN I GO, DAMN, THAT WAS WHERE MY PROPERTY LINES COMES TO POINT THE CORNER AT THE, UM, WHERE THE STAKE IS, PROPERTY LINE, THE FIREFIGHTER PRETTY MUCH RIGHT NEXT TO EACH OTHER.
WAIT, WAIT, I WILL SAY THE FIRE HYDRANT.
THEY PUT A NEW BAR RIDER IN WHEN THEY REDID THE AREA THERE IT'S RIGHT DOWN THE STEEL STREET.
SO IT'S BASICALLY ON MY EXISTING PROPERTY TO WHERE IT IS, UH, NOT HIS TOWNHOUSE, BUT THE FARTHEST ONE WAS STEEL.
SO IT'S JUST, UH, UH, PROBABLY 70 FEET OR MORE DOWN HOUSES FROM THE BACK WITH PROPOSED.
UM, MR. CHAIR, JUST TO REITERATE, YOU KNOW, WE STILL HAVE NOT HAVING A JUSTIFICATION FOR WHY IT SHOULDN'T BE A STANDARD STREET.
UM, AND I'M CERTAINLY OPPOSED TO THIS, UM, UH, STREET NAME, UH, AS AN EXTENSION OF CARTER STREET.
UM, I BELIEVE OUR ORDINANCE CALLS THAT AN EXTENSION OF A STREET IS TO BE NAMED WHATEVER THE EXISTING PART OF THE STREET IS, IF I'M NOT MISTAKEN.
IF THERE'S NO OTHER, UM, COMMENTS OR QUESTIONS, THEN WE DO POTTERY AND YOU POLL THE COMMISSIONERS.
I DON'T THINK THERE'S BEEN A MOTION MADE.
UH, MR. CHAIRMAN, I MOVE THAT WE DENY APPROVAL OF FR SPU 2 8 5 9 DASH 2 0 2 1, UH, FOR BOTH THE PRIVATE, UH, STREET WITH AND THE RENAMING OF THE STREET SECOND.
CAN I ASK HIM MR. JEREMY? CAN I ASK A QUESTION? YES.
UM, MAYBE IT'S BECAUSE I'M A ONE MONTH TENDER HEARTED, BUT CAN YOU TELL US THE STORY OF RYDER BENSON AND WHY YOU WANT TO NAME IT? RYDER, BENSON, GRANDSON ALIVE AND WELL, SO IT'S NOT THAT HE FELL ON A ROCK OR SOMETHING LIKE THAT.
SO, UM, MS. POTTER, IF YOU WOULD, UM, PULL THE COMMISSION COMMISSIONER INGRAM.
COMMISSION VICE-CHAIRMAN MARSH NER.
NOW THE, UH, THE NEXT, UM, PUBLIC HEARING IS, UM, F R S P U DASH 28, 80 DASH 2021.
THE SPECIAL USE PERMIT APPLICATION SUBMITTED BY ALAN WATERS REQUESTING TO CONSTRUCT THE
[00:55:01]
NEW SINGLE FAMILY DWELLING ON THE NON-CONFORMING LOT OF RECORD T M NUMBER 2 0 8 3 DASH FOUR DASH FIVE FIVE DASH TWO TWO ZONED R ONE FRONTING WARREN AVENUE.UM, IS IF YOU HAVE ANY COMMENTS WITH THAT, THIS APPLICATION IS BEFORE YOU, UH, BECAUSE THE, UM, LOT WITH IS LESS THAN 80% OF THEIR REQUIRED MINIMUM BY THE TOWN CODE.
ANY, ANY OTHER, YOU SAY THE, UM, YOU SAID THE, THE LOT WIDTH IS LESS THAN 80% OTHER THAN I THINK THAT SHOULD BE LOT AREA.
IF I MAY, MR. CHAIRMAN COMMISSION.
UM, YEAH, SO THE APPLICATION, UH, IT'S IN THE NON-CONFORMANCE SECTION OF OUR CODE.
SO IT APPLIES TO BOTH LOT WITH, OR AREA POTENTIALLY BOTH IN THIS CASE.
UH, BUT IT SPECIFICALLY STATES IN OUR CODE THAT IF THE VARIANCE IN THE LOT WITH THAT, THE APPLICANT IS REQUESTING ITS SEEDS, UM, UH, 20 GREATER THAN 20% VARIANCE.
THEN THAT'S WHAT KICKS INTO A SPECIAL USE PERMIT THAT MUST BE APPROVED BY YOU ALL.
SO IN THIS CASE, THE LA AREA, UH, DOESN'T EXCEED A 20% VARIANCE, BUT THE LOT WITH REQUEST VARIANCE DOES EXCEED THAT PERCENTAGE.
UM, MR. CHAIR, UM, UNLIKE OTHER 50 FOOT WIDE LOTS THAT WE'VE LOOKED AT IN THE PAST, UM, THERE ARE A COUPLE THINGS WITH THIS PARTICULAR SUBDIVISION.
UH, ONE WE'RE NOT COMBINING 2 25 FOOT, LOTS TO CREATE A 50 FOOT LOT.
THESE ARE 50 FOOT, LOTS AS NEWLY PLANTED WARREN PARK SUBDIVISION.
AND THE 40 IS WHEN IT WAS RECORDED.
UM, HOUSES ON EACH SIDE OF THE SITE ARE LOCATED ON 50 FOOT LOTS.
UH, THE PROPOSED STRUCTURE MEETS THE REQUIRED SIDE YARDS, CORRECT? CORRECT.
AS WELL AS ALL STREET PARKING.
THE ONLY REQUIREMENT WE HAVE FOR THIS SHOTGUNNING STYLE IS THAT THE FRONT OF THE HOUSE OR THE FACADE FACED THE FRONT, WHICH IT DOES LOOK LIKE FROM THE PLANS THAT, THAT, THAT IS THE CASE.
SO, UM, THE, TO ME, THIS IS WHAT THE ORDINANCE WAS CREATED FOR, WAS TO PERMIT USE OF THESE EXISTING 50 FOOT LOTS.
IT'S CERTAINLY COMPATIBLE WITH THE NEIGHBORHOOD AND I WOULD CERTAINLY VOTE TONIGHT TO SUPPORT IT.
UH, MR. CHAIRMAN, I THINK WE NEED A PUBLIC COMMENTS.
DID ANYBODY SIGN UP? WILLIAM JACKSON? YEAH.
I'M WILLIAM GARFIELD, JACKSON.
AND I LIVE SOUTH OF THIS PROPERTY, UH, ABOUT THIS PROPERTY.
THIS PROPERTY HAS BEEN INVOLVED WITH MY FAMILY FOR 50 YEARS.
MY AUNT WORKED FOR THE FOUR SITES.
UH, THEY USED TO OWN A STORE HERE IN TOWN.
I DON'T KNOW IF YOU REMEMBER DOWN NORTH.
AND MY GRANDFATHER HAD A BARBER SHOP AROUND THE CORNER, GARFIELD JACKSON.
THE LAND WAS ACTUALLY GIVEN TO MY AUNT, BUT THE PROBLEM WAS NO DEED.
AND THE REASON SHE GAVE IT TO HER, SHE KNEW WASN'T BIG, BIG ENOUGH TO BUILD ON, BUT SHE'S, SINCE MY AUNT LIVED WHERE I LIVE NOW, IT COULD JOIN THAT PROPERTY.
SO FOR 40 50 YEARS, MY FAMILY WAS PAYING, UM, TAXES AND, AND TAKING CARE OF THE PLACE, WHICH I'VE LIVED THERE THE LAST 20 YEARS.
AND I WAS TAKING CARE OF IT UNTIL MY DAD GOT SICK.
AND HE WANTED ME TO CHECK ON THIS LANE.
SO I WENT AND CHECKED ON IT AND THEY SAID, YEAH, WILLIAM JACKSON, WILLIAM B, JACKSON HAS BEEN PAYING TAXES ON THIS THIS LOT, BUT HE HAD NO D SO ALL THAT MONEY WENT TO WASTE OVER ALL THESE YEARS.
CAUSE HE COULDN'T GET HIS MONEY BACK.
HE USED TO HAVE THAT LAST SEVEN YEARS, A FEW PAY TAXES.
YOU COULD GET THE, THAT NO LONGER EXISTS.
OF COURSE I'LL PROBABLY KNOW THAT.
WELL, ANYWAY, UH, ONCE WE FOUND THAT OUT, I SAID, WELL, I'M NOT PAYING TAXES ON LAND.
[01:00:02]
SO MAKE A LONG STORY SHORT THAT'S WHEN Y'ALL PUT IT UP FOR PUBLIC AUCTION.WELL, MR. WALTERS BOUGHT THE LAND AT ARCH AND I WENT OUT THE DAY BOARD IT AND TALKED TO HIM, HIM AND HIS SON WAS JUST CHECKING IT OUT.
AND I ASKED HER, I SAID, WHAT ARE YOU GOING TO DO WITH THIS LAND? HE SAID, OH, I DON'T KNOW.
HE SAID, MIKE, LIKE PUT A HOUSE ON IT.
I SAID, WELL, FOR ALL THESE YEARS THAT I'VE KNOWN THIS A LOT IN BIG ENOUGH FOR A HOUSE AND THEN COURSE OUT, I APPRECIATE Y'ALL GETTING THESE LETTERS OUT.
CAUSE I HAD ASKED HER, I CAN'T EVEN SEE ALMA RIGHT OUT YET.
YOU HAD JUST PUT OUT THERE ABOUT THIS HEARING IS LUCKILY I GOT THIS AND I TALKED TO THE OWNER AND I SAID, OH, YOU'RE GONNA BUILD A HOUSE AND MOVE HERE.
HE SAID, WELL, I MIGHT NEED A VARIANCE FOR IT.
AND I SAID, HOW BIG IS YOUR FAMILY? HE SAYS, OH, HE SAYS, OH, WE'RE NOT GOING TO STAY AROUND HERE.
WE'RE GOING TO ALABAMA BECAUSE THEY WERE CRIMSON TAF FANS.
SO ALL OF A SUDDEN I GET THIS LETTER WHERE HE APPLIED FOR A BUILDING PERMIT.
AND OF COURSE THE LIGHT ONLY MEETS WHAT IS IT? I THINK Y'ALL JUST MENTIONED IT.
THE PROPERTY LOT WIDTH IS LESS, LESS THAN 80%, UH, OF THE REQUIRED MINIMUM.
UM, I'M AGAINST HIM PUTTING A HOUSE IN THERE BECAUSE HE'S GOING TO PROFIT FROM IT.
CAUSE HE'S GOING TO SELL THE HOUSE, MAKE A PROFIT AND BEING A REALTOR.
I WOULD FIGURE IF HE WOULD HAVE CHECK THE SIZE OF THE PROPERTY BEFORE HE BOUGHT IT.
WELL, ANYWAY, WE'RE GOING TO GIVE UP SPACE BASICALLY, IF THIS HOUSE IS BUILT AND I'M NOT, I'M TOTALLY AGAINST THIS.
IT'S MORE OF A BIRD OR ANIMAL SANCTUARY THAN ANYTHING BECAUSE THE WOODS BOARD OR MY PROPERTY TO BACK IN THE SIDE AND THERE'S OTHER LIGHTS, UH, FOR HIM TO MAKE HIS PROFIT.
AND THEN THERE'S ANOTHER LOT AT THE CORNER OF 14TH AND BELMONT, WHICH MY FAMILY HAS BEEN GETTING, UH, LETTERS, TAX PAPERS FOR.
AND WE DON'T KNOW FOR 40 SOME YEARS WE'VE BEEN GETTING TAXPAYERS PAPERS FOR THAT LOT ON THE CORNER OF 14TH AND BELMONT.
THERE IS A POTENTIAL LOT FOR THEM, BUT THE SQUEEZE, THE TAKE THE START A NEW PRECEDENT AND SQUEEZE THE HOUSE IN BETWEEN MY NEIGHBOR AND MYSELF.
I KNOW HE BOUGHT THE LAND, BUT THAT'S HIS PROP.
NOW, IF HE WANTS TO TALK TO ME ABOUT THE LAND, WE CAN TALK, BUT PUT A HOUSE IN THAT.
IT'S LIKE I SAID, IT'S MORE OF A ANIMAL.
I HAVE YOU PROBABLY GO UP THERE NOW.
AND THERE'S PROBABLY SIX DEER LAYING IN THE YARD RIGHT THERE.
AND THEN THE POTENTIAL RUNOFF TO HER PROPERTY BECAUSE SHE GETS, SHE GETS EVERYTHING FROM MY YARD.
LIKE IF I DON'T GET TO MY LEAVES QUICK ENOUGH, SHE GETS THEM SAME WAY WITH WATER RUNOFF.
I REALLY APPRECIATE Y'ALL LETTING ME SPEAK.
HOW YOU DOING YOUR NAME WAS DENISE HOWARD.
UM, WE I'M RIGHT NEXT RIGHT IN THERE, BUT IT'S TO LOOKING AT THIS HERE.
I REALLY DON'T UNDERSTAND WHAT'S GOING ON BECAUSE IF HE WOULD BE RIGHT THERE AND BESIDE THAT, HE'S ON, I HAVE MY GAS, UM, PROPANE TANKS AND THINGS LIKE THAT.
IF HE BUILDS THE HOME, WE'LL GET MY GAS AND STUFF IN THERE BECAUSE THE WAY IT IS, THE PROPERTY IS RIGHT.
IT'S LIKE HE'S GOING TO BE RIGHT ON ME.
LIKE I COULD WALK RIGHT OFF INTO HIS PORCH.
SO I'M AGAINST THIS BECAUSE THERE'S NO, YOU KNOW, IT'S TOO ON THIS THING.
AND LIKE I SAY, UM, I WON'T BE ABLE TO GET MY GAS TO GO ON THAT SIDE.
THE WAY THIS, THIS LANGUAGE RIGHT HERE IS LOOKING IS LIKE, HE'S GONNA BE RIGHT HERE.
LIKE I CAN WALK OFF MY PORCH AND HIS PORCH OR WHOEVER.
SO I'M AGAINST THIS RIGHT HERE.
AND THEN, LIKE I SAID, THE WATER AND ALL THAT COMES DOWN IN MY YARD AND I'M WORRIED ABOUT, IF THEY START BUILDING HOUSES, GOING TO MESS UP MY WATER, HOW'S GONNA MESS UP MY GAS.
AND MY HUSBAND JUST PASSED AWAY.
[01:05:01]
BY MYSELF.SO, YOU KNOW, I HAVE TO DEAL WITH ALL THIS, IF SOMETHING PROBLEMS OR SOMETHING COME UP.
SO, UM, IF I PRAY, I DO NOT REALLY WANT THAT, YOU KNOW, A HOUSE THAT CLOSE TO ME AND WE HAD PRINCES UP WHERE, YOU KNOW, TO BE PRIVATE AND NOW YOU GOT THIS HOUSE COMING RIGHT ON ME.
LIKE I CAN LOOK OUT MY KITCHEN WINDOW AND I'M LOOKING IN SOMEBODY ELSE'S HOUSE.
I, YOU KNOW, I DON'T WANT THAT.
SO PLEASE, YOU KNOW, HEAR WHAT I'M SAYING AND OOH, THANK YOU FOR LISTENING TO ME.
UM, I MISS MS. GONZALEZ, I ACTUALLY, HI, I'M MELISSA GONZALEZ.
I'M GETTING NERVOUS IN FRONT OF A MICROPHONE.
I LIVE ACROSS THE STREET FROM, UM, THESE NEIGHBORS.
I LIVE AT THREE 17 WARREN AVENUE.
UM, AND ONE OF THE THINGS IS WHEN WE GOT THE LETTER, UM, I ACTUALLY TODAY WENT DOWN THE STREET AND TO MY SPANISH NEIGHBORS AND THINGS LIKE THAT AND ASKED THEM IF THEY GOT THE LETTERS AND THEY, THEY SAID THEY HAD IT.
SO THEY DIDN'T END THE WAY THAT LETTER COMES, UNLESS YOU OPEN ALL YOUR JUNK MAIL AND STUFF LIKE THAT.
YOU'RE NOT GOING TO KNOW HOW IMPORTANT IT IS.
SO I TRIED TO RALLY THEM TO COME, BUT IT WAS TOO LATE FOR THEM.
UM, BECAUSE I'VE SUCH A LAST NOTICE.
BUT, UM, I HAD LIVED THERE SINCE 2003.
THESE NEIGHBORS HAVE BEEN THERE LONGER THAN I HAVE BECAUSE I REMEMBER WHEN I WAS THE NEW KID IN THE BLOCK.
AND THE THING THAT WE PRIDE OURSELVES SO MUCH ON THAT BLOCK IS EVEN THOUGH WE'RE TREATED AS AN ALLEYWAY.
UM, WHEN I SAY ALLEYWAY IS BECAUSE WE HAVE OLD WIRING, OLDER ELECTRICITY, THE OLD SEWER, UM, THINGS LIKE THAT.
NOW I THINK NOW A HUNDRED PERCENT OF US ARE HOMEOWNERS.
YOU KNOW? SO WE PRIDE OURSELVES IN THAT SECTION.
THERE MIGHT BE TWO LITTLE HOUSES TOWARDS THE CORNER THAT ARE KIND OF UGLY.
BUT IF YOU LOOK AT EVERY, ALL THE OTHER HOUSES, WE PRIDE ON HOW WELL WE TAKE CARE OF THE GROUNDS AROUND US AND EVERYTHING.
WHEN HE WAS SINGING ABOUT ANIMAL SANCTUARY, IT'S TRUE.
YOU DON'T KNOW HOW BEAUTIFUL IT IS, LIVE, WHERE I LIVE AND SEE TEARS COMING ACROSS, BACK AND FORTH.
NOT ONLY AS WE SEE SO MANY DIFFERENT ANIMALS, UM, WHEN, AS I DIDN'T GET THE, THE, WHAT THE PLAN WAS UNTIL WE WALKED THROUGH.
BUT WHEN YOU LOOK AT IT, BASICALLY THIS HOUSE IT'S GOING TO BE ON TOP OF HERS.
UM, IT W WHERE YOU SEE THE EXISTING DWELLING, WHICH HAS HERS AND THEN WHERE THE HOUSE WOULD AUTOMATICALLY BE.
IT DOESN'T EVEN LOOK LIKE THERE'S 20 FEET AWAY.
I'M TALKING ABOUT THIS PAGE RIGHT HERE, YOU KNOW? AND WHEN IT COMES TO THE FLOODING, IF YOU LOOK AT THE PART WHERE IT SAYS THE HOME ANALYSIS NAP EVER SINCE, LIKE I SAID, I'VE BEEN THERE SINCE 2003 WHEN THEY HAD THIS BIG PLAN AND THEY MADE ALL THIS AREA BECAUSE THEY WERE GONNA PUT A DISH.
I MEAN, THERE ARE LOTS, THEY HAD DRAINAGE WITH THE LOTS, ALL THAT KIND OF STUFF.
ALL THE HOUSES IN THE BOTTOM WERE AFFECTED.
ALL THE HOUSES BEHIND US STARTED GETTING FLOODING.
YOU KNOW? SO ONCE AGAIN, A LOT OF THE HOMEOWNERS ARE THE KIND OF PEOPLE THAT I THINK MOST OF US, EVEN AS THREE PROBABLY WOULD HAVE NOT HAVE SHOWN UP.
IF WE WEREN'T LIKE THIS, ISN'T RIGHT.
WE HAVE TO SPEAK UP, YOU KNOW? UM, AND SO I HAD NOTES HERE.
UM, LIKE I SAID, I'M A HUNDRED PERCENT ARE HOMEOWNERS HAVING OTHER PEOPLE COME IN AND BUILT, THE RENTERS ARE NOT GOING TO TREAT THAT AREA.
LIKE WE TREAT IT, YOU KNOW? UM, ONCE AGAIN, WHEN I SAID IT'S TREATED AS AN ALLEYWAY, THE ISSUES WITH, YOU KNOW, THE MAINTENANCE AND ALL THAT KIND OF STUFF.
NO, WE HAVE NO PAYMENTS, NO, UM, SIDEWALKS, THAT TYPE OF THING.
A LOT OF THE TIMES, THE LAST ONES TO HUMAN GET, UM, UH, WHEN IT SNOWS TO GET PLOWED OUT, LIKE I USED TO BE A SUPERVISOR FOR WINCHESTER MEDICAL CENTER.
AND THERE WERE PLENTY OF TIMES WHERE I WAS LIKE, HOW AM I GOING TO GET TO WORK? YOU KNOW, JUST HOW I'M THINKING, THIS WILL CHANGE.
JUST ADDING A NEW HOUSE TO THAT AREA.
HOW IS IT GOING TO AFFECT OUR SEWAGE? HOW'S IT, THE WIRING, YOU KNOW? AND THEN WHEN I LOOK AT THE MAP OF, UM, HOW IT'S BOUGHT, HOW THINGS ARE PUT, I'M THINKING I'M GOING TO HAVE TO COME BACK AT MYSELF
[01:10:01]
AND GO THROUGH THE DEED THAT I HAD WHEN I BOUGHT THE HOUSE TO NOW, BECAUSE I HAVE LAND TO THAT IS CONSIDERED GRANDFATHERED IN.BUT NOW WHEN I LOOK AT THIS, IT LOOKS LIKE I'M LOSING MY LAND.
SO I JUST, THERE'S A LOT OF THINGS THAT DON'T SIT.
AND I JUST HOPE THAT YOU DO CONSIDER, UM, THIS HOUSE.
I DON'T THINK IT'S A GOOD IDEA, NOT ONLY FOR MYSELF, BUT FOR MOST OF THE NEIGHBOR AND ESPECIALLY HER.
UM, AND I GUESS I HOPE I MADE SENSE, BUT LIKE I SAID, I GET NERVOUS SPEAK PUBLIC SPEAKING, BUT I JUST DON'T THINK IT'S A GOOD IDEA FOR OUR NEIGHBORHOOD.
UM, ANY OTHER PUBLIC COMMENT, THEN I WILL CLOSE THE PUBLIC HEARING.
THEN IF I MAY, MR. CHAIRMAN, WE, WE, THIS, WE CAN'T LET THIS GO ON A DRESS.
I MEAN, BECAUSE WE DO RESPECT WHAT YOU'RE SAYING, IT'S A, THERE'S GOTTA BE A STORY AS TO WHY YOUR FAMILY DIDN'T HAVE THE DEED.
I MEAN, THAT'S THE SOURCE OF THE WHOLE PROBLEM AND THAT'S, WE CAN'T, WE CAN'T FIX THAT BECAUSE THAT'S BEEN OVERTAKEN BY EVENTS.
BUT FOR ME,
LIKE THERE WAS A FIRST AREA, A LITTLE MINORITIES, BUT THAT'S HOUSES.
UM, SO A LOT OF PEOPLE WERE GRANDFATHERED IN.
I REMEMBER HIM TELLING ME, YOU DON'T GET FOR THEM TO, BECAUSE ONCE YOU GET RID OF THIS SHIT, WE'VE LIVED LIKE THAT.
NOW, YOU KNOW, IT, THAT'S THE PART THAT KIND OF SCARES, YOU KNOW, COMING IN HOW MUCH, LIKE LOOKING AT THIS, I'M LIKE CRAP.
I MEAN, THERE'S A BIG PART OF MY LAYMAN THAT IF I TO GET RID OF MY SHIT, I LOSE, BUT HOW CAN I FIGHT THAT? BECAUSE THINGS HAVE CHANGED.
THE PROPERTY LINES HAVE TO USE A LOT OF THINGS.
SO HOW CAN I GET THAT BACK? AND I'VE BEEN LIVING THERE SINCE 2003.
AND AFTER I WAS ABOUT 15 YEARS OLD, I TOLD HIM, SAY THIS
AND THE HISTORY IS THAT THE TITLE TO THE PROPERTY DIDN'T STAY IN YOUR FAMILY.
WELL, WE, WE, WE WILL DECIDE ON THE PROPORTIONS, BUT I MEAN, TH TH THE BASIC, I MEAN, THE BASIC FACTS OF THE MATTER THAT THE TRUTH
[01:15:01]
OF THE WHOLE SYSTEM IS THAT WHEN SOMEBODY OWNS SOME LAND, THEY DO GET TO DECIDE WHAT THEY WANT TO DO WITH IT.THAT'S, THAT'S KIND OF A BASIC PRINCIPLE.
SO, UM, SO I'M SORRY, YOU DON'T OWN THE LAND BECAUSE OBVIOUSLY YOU LOVE IT.
AND, UH, I GET, I GET THAT AND I, AND I FEEL FOR YOU, BUT, AND THEN THAT PART OF IT, I MEAN, THE OWNER HAS BOUGHT THE LAND, BUT WHAT WE'RE SAYING IS THAT IT'S, IT'S THE WAY THE HOUSE IS SET UP.
IT'S IN THE BIG CONVENIENCE, NOT TOO FAR.
UM, BUT THROUGH THE AREA, AS FAR AS THE ATMOSPHERE THAT IT HAS ALREADY HAD, IF IT WOULD BE THAT SOMEONE WAS COMING TO BIKE AT THE HOUSE WAS EVEN MORE OVER THAN WHERE.
CAUSE IF YOU LOOK AT THE MAP, IT'S RIGHT NEXT TO, CAN SOMEONE TELL ME HOW MANY COULD BE TO WAIT? BECAUSE IF WE LOOK AT THIS MONTH, IT LOOKS LIKE THEY'RE RIGHT NEXT TO EACH OTHER.
LET'S ARE, ARE YOU READING THAT MAP CORRECTLY? ALFREDO, CAN YOU, I CAN ANSWER THAT QUESTION FOR YOU.
SO THE PROPERTY IN QUESTION LOT 22 IS OWNED OUR WARREN AND IN THE ARWEN DISTRICT, YOU'RE REQUIRED TO HAVE A COMBINED SETBACK OF 25 FEET WITH NO SIDE BEING LESS THAN 10 FEET.
SO ONE SIDE OF YOUR PROPERTY, YOU HAVE TO BE A MINIMUM OF 10 FEET FROM THE HOUSE TO THE PROPERTY LINE.
AND THE OTHER SIDE HAS TO BE AT LEAST 15 FEET OR MORE IN THIS CASE OR EQUAL 25 FEET.
IN THIS CASE, UH, THE PROPOSED SETBACKS WILL BE 26 FEET WITH THE SIDES COMBINED, NO SIDE BEING LESS THAN 10 FEET.
SO, SO THEY MEET THE REQUIREMENTS.
IT JUST HAPPENS TO BE THAT THE EXISTING PROPERTIES THERE TO THE NORTH AND TO THE SOUTH OF LOT 22, UM, SPECIFICALLY THE ONE ON THE SOUTH LOT, 23 IS, IS NON-CONFORMING TO THE REQUIRED SETBACKS.
SO THE ARE ONE DISTRICT, I BELIEVE THAT'S WHERE THE ISSUE IS, IS COMING INTO PLAY.
BUT THE PROPOSED HOUSE LOCATION SURVEY MEETS THE REQUIRED SETBACKS OF THE ARWIN DISTRICT.
THERE, NO ARGUMENT THAT FACTS MR. CHAIRMAN, IF I MAY.
UM, YEAH, JUST SAY THAT, UH, YOU KNOW, WE HAVE TO LOOK AT THIS OBJECTIVELY.
I MEAN, I I'VE, I'M GLAD THAT THE PUBLIC, YOU KNOW, UH, CAME OUT AND MADE COMMENTS.
I MEAN, IT'S, IT'S, IT'S DEFINITELY WEIGHING ON MY, ON OUR OWN, AT LEAST FOR ME ON MY DECISION.
UM, YOU KNOW, WE, WE CAN'T, YOU KNOW, WE CAN'T MAKE OUR DECISION BASED UPON SENTIMENTS, UNFORTUNATELY, YOU KNOW, AND I DEFINITELY, UH, AS COMMISSIONER MARCIA SAID, I DEFINITELY FEEL FOR YOU.
I THINK THAT THAT WAS, YOU KNOW, IF THAT'S THE CASE, WHAT, YOU KNOW, ALL THOSE YEARS OF PAYING TAXES AND, AND COMING UP EMPTY AT THAT THAT'S, TO ME, IT'S AN INJUSTICE.
UM, BUT JUST, I WANT EVERYBODY TO KNOW THAT WE'RE LOOKING AT THIS OBJECTIVELY, YOU KNOW, AND I KNOW, LIKE I SAID, IT IS, IT IS WAY Y'ALL'S COMMENTS ARE BEING, I'M GLAD Y'ALL DID SHOW UP.
I MEAN, IT'S, IT'S, I MEAN, WE ALWAYS THINK ABOUT THAT EVERY TIME WE MAKE A DECISION UP HERE WITH A PUBLIC HEARING ABOUT WHO'S GOING TO SHOW UP BECAUSE OFTENTIMES, YOU KNOW, WE HAVE TO TAKE THE WORD OF WHAT SOMEBODY ELSE IS SAYING ON WHAT THE SENTIMENT IS.
SO IT DOES, IT DOES WEIGH ON WHAT YOU GUYS ARE SAYING.
SO PLEASE NOTE, PLEASE KNOW THAT, BUT AGAIN, JUST WANT TO MAKE SURE THAT, YOU KNOW, WE'RE LOOKING AT THIS OBJECTIVELY, YOU KNOW, I, I, I, WE DEFINITELY UNDERSTAND, YOU KNOW, YOUR APPRECIATION FOR THE DEER IN THE YARD, YOU KNOW, AND, AND PERHAPS, YOU KNOW, YOUR KIDS PLAY IN IT, BUT, YOU KNOW, WE'RE, WE, OUR DECISION WILL BE BASED UPON, YOU KNOW, OBJECTIVITY, I GUESS.
BUT LIKE I SAID, I W I DO WANT TO STATE MY ART, MY PRO, MY APPRECIATION FOR Y'ALL SHOWING UP SO WELL, I'LL CLOSE THE PUBLIC HEARING THEN.
AND, UM, WE WILL, UM, SEE WHAT ACTIONS, WHAT DECISIONS AND QUESTIONS WE STILL HAVE AMONGST US COMMISSIONERS.
UM, I'M LOOKING AT THIS AS BASICALLY WHETHER OR NOT WE'RE GOING TO ALLOW THE CONTINUANCE OF NON-CONFORMITY, UM, YOU KNOW, ALL THE SETBACKS, YOU KNOW, UNDERSTAND EVERYTHING IS MET AS FAR AS WHAT OUR ONE REQUIRES, YOU KNOW, BUT REALLY THE ONLY OBJECTIVE WAY THAT I CAN SEE THAT, AND I'M LOOKING AT THIS IS JUST, YOU KNOW, LIKE I SAID, WE'D BE GRANTING BASICALLY, YOU'RE A CONTINUANCE OF A NON-PERFORMING GIVEN THAT THE EXISTING STRUCTURES ADJACENT, YOU KNOW, EXISTING LOTS ARE NORMAL, ARE ALREADY NONCONFORMING.
SO MY DECISION, WHICH I HONESTLY I'M, I'M QUITE TORN RIGHT NOW IS, IS, UH, IS GOING TO BE BASED UPON THAT.
SO I JUST WANT TO, I I'M HOPING THAT SOME OTHER COMMISSIONERS HERE WILL CHIME IN AND THROW THEIR THOUGHTS AT THAT.
[01:20:02]
ANYONE ELSE I FIND IT'S A VERY DIFFICULT DECISION TO MAKE, BECAUSE, UH, CERTAINLY IT JUST MAKES SENSE THAT YOU'D LIKE TO HAVE A LOT OF TREES NEXT TO YOU.AND, AND, UH, IT'S A LOT MORE ENJOYABLE.
IT'S VISUALLY MORE, UM, UH, PREFERABLE AND, AND THAT, UM, SO I CERTAINLY UNDERSTAND YOUR, UM, YOUR POSITIONS, THEN WE, AS YOU, AS, AS YOU SAY, THAT WE HAVE TO BALANCE THAT WITH THE, THE RIGHT OF THE PROPERTY OWNER.
AND, UH, SO, UM, UH, THAT'S, THAT'S THE, UM, THAT'S THE DECISION THAT WE HAVE TO MAKE AND, UM, AND, UM, UM, THAT'S A DIFFICULT, THAT'S DIFFICULT DECISION FOR ME.
UM, MR. CHAIR, I WOULD JUST LIKE TO POINT OUT THAT, UM, ALL WE DO IS RECOMMEND TO TOWN COUNCIL, WHATEVER HAPPENS TONIGHT, THERE WILL STILL BE ANOTHER PUBLIC HEARING FOR THIS AT THE COUNCIL LEVEL OF WHICH YOU CAN ALSO DISCUSS THESE ISSUES AT THAT POINT.
ANY OTHER COMMENTS, JUST, UM, LIKE TO REITERATE WHAT MY FELLOW COMMISSIONERS HAVE SAID, WE APPRECIATE YOU GUYS COMING OUT.
UM, WHEN I LOOK AT THIS, THE OTHER, THERE ARE NUMEROUS OTHER LOTS ON THE STREET THAT ARE ALSO 50 FOOT WITH, UM, THIS PROPERTY MEETS THE SETBACKS REQUIRED BY THE CODE.
UM, IT, IT MEETS THE, UH, I THINK PREDOMINANT NATURE OF THE HOUSES ON THE STREET.
UM, STAFF HAS PUT TOGETHER A STUDY.
UH, SO FOR ME, I, I WILL VOTE IN FAVOR OF THIS, UH, SPECIAL USE PERMIT.
UM, AND THAT, THAT'S MY REASONING.
UM, AND AGAIN, I APPRECIATE YOU COMING OUT AND SHARING YOUR STORY.
AND I MEAN, WE ALL, WE ALL FEEL FOR YOU, BUT I MEAN, IT'S, IT'S, IT'S A SAD, SAD STORY, YOURS.
ISN'T MY BARE INTERESTING, YOU KNOW, BEING TELLED SOMEPLACE, BUT WE HAVE TO OPERATE WITHIN THE STRUCTURE OF WHAT IS, AND WE CAN'T CHANGE THE RULES OF LAND USE.
WE JUST HAVE TO IMPLEMENT THE ONES THAT ARE ALREADY IN PLACE.
AND SO WE HAVE TO OPERATE WITHIN A STRUCTURE THAT ALREADY EXISTS.
AND SO, YOU KNOW, EVEN THOUGH, YOU KNOW, I THINK ALL OF US FEEL, FEEL BAD FOR YOU, AND WE, WE CERTAINLY KNOW HOW YOU FEEL AND, AND SYMPATHIZE WITH WHAT YOU'RE FEELING, AND IT'S A BITTER STORY, BUT WE HAVE TO, WE HAVE TO FOLLOW THE CODE.
AND THERE'S NO REASON NOT TO ALLOW THIS LANDOWNER TO BUILD THIS HOUSE.
YEAH, MS. TRIM, IF I MAY, AGAIN, I WOULD, UH, JUST AS CHAIRMAN OR JUST AS A COMMISSIONER MERCHANT SAID, I WOULD, I WOULD STRONGLY SUGGEST, UH, SHOWING UP TO THE TOWN COUNCIL MEETING WHEN THIS GOES UP TO PUBLIC HEARING AGAIN, AND BRING IS, YOU KNOW, FEEL FREE TO BRING AS MUCH OF YOUR NEIGHBORS AS YOU, AS YOU'D LIKE.
UH, SO THAT'LL, THAT'LL BE THE DETERMINATION.
AND THEN AS, AS, AS WAS PREVIOUSLY STATED, WE MAKE A RECOMMENDATION FOR COUNSEL BASED UPON WHAT WE HAVE IN FRONT OF US AS FAR AS OBJECTIVE INFORMATION.
SO, UM, MR. CHAIRMAN, I MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF CONDITIONAL APPROVAL, A SPECIAL USE PERMIT APPLICATION, F R S P U 2 8 8 0 2 0 2 1 TO FRONT ROYAL TOWN COUNCIL WITH THE FOLLOWING CONDITIONS, THE HOUSE PLAN MAY BE MODIFIED, PROVIDED THE FINISHED FLOOR AREA SHALL NOT BE REDUCED TO LESS THAN 1,234 SQUARE FEET.
AND THE FACADE AND MAIN ENTRANCE OF THE HOUSE MUST FRONT WORN AF SECOND, WE AS PART OF RIO POLL, THE COMMISSION COMMISSIONER GORDON.
UM, SO, UM, NOT TOO MUCH PAPER HERE NEXT.
UM, THE NEXT ITEM IS A CONSENT AGENDA.
[01:25:02]
AND, UM, COMMISSIONER[IX. COMMISSION MEMBER REPORTS]
PERMISSION MEMBER REPORTS.DO WE HAVE ANY, UM, MR. CHAIRMAN, IF I MAY SPEAK, UM, I'M HAVING SOME ISSUES WITH THIS HOLLOWAY SUBDIVISION APPROVAL, UH, NOT DENIAL OF APPROVAL OF THE ACTUAL PROJECT, BUT, UM, YOU KNOW, ALLOWING A SUBDIVISION OF 60, PLEASE TAKE THE COMMENTS OUTSIDE, PLEASE.
UM, UH, ALLOWING A SUBDIVISION OF SIX TOWNHOUSE, LOTS ON A 20 FOOT WIDE PRIVATE STREET WITHOUT FOLLOWING THE TOWN CODE FOR SPECIAL EXCEPTIONS IS A BREACH OF POLICY AND OF CONCERN TO ME.
UM, TO ME, IT'S IMPERATIVE THAT THE PUBLIC HAS CONFIDENCE IN THE ZONING AND SUBDIVISION REVIEW PROCESS.
AND THAT SAID, REGULATIONS ARE EQUALLY AND FAIRLY APPLIED TO ALL APPLICANTS, UM, MISTAKES, AND THE APPLICATION APPROVAL PROCESS CAN HAPPEN.
UH, WE ALL MAKE MISTAKES AT SOME TIME OR ANOTHER IN OUR LIVES, AND I DON'T WISH TO, UM, HAMMER ANYONE IF A MISTAKE WAS MADE, BUT I HAVE SO MUCH CONFLICTING INFORMATION THAT, UM, I REALLY THINK IS SOMETHING, UM, THAT, THAT WE NEED TO LOOK AT.
AND BY LOOKING AT, I MEAN, I WANT TO QUESTION, HOW DID THE, HOW DID THE APPLICATION PROCESS FAIL? OBVIOUSLY, WE HAD A PLAT THAT WAS RECORDED THAT, UH, DID NOT FOLLOW THE STANDARD PROCEDURES FOR PLAT APPROVAL FOR THE SPECIAL EXCEPTION THAT PLANT HAS BEEN VACATED.
UM, YOU KNOW, HOW DID THIS HAPPEN? DID, DID THE APPLICANT AT SOME POINT RECEIVE INFORMATION FROM STAFF REGARDING THAT A 20 FOOT PRIVATE STREET WAS OKAY, UH, WAS THERE A PRE-APPLICATION MEETING? UM, BECAUSE THERE SOME CONFLICT IN THIS, THE PLANT WAS APPROVED ON JUNE THE 25TH, BUT THE PLANT WAS NOT LOGGED IN FOR REVIEW UNTIL JULY THE 29TH AND NO APPROVAL COMMENTS FROM STAFF CAME UNTIL JULY THE 30TH.
HOW IS THAT POSSIBLE? THAT JUST DOESN'T MAKE SENSE TO ME.
UM, UH, WAS THEIR ORIGINAL APPLICATION COMPLETE, OBVIOUSLY WAS ALL TONIGHT.
AND TONIGHT'S PUBLIC HEARING THAT THERE WAS NO JUSTIFICATION FOR WHY THE STREETS SHOULD BE LESS THAN 50 FOOT WIDE WITH 36 FOOT OF PAVEMENT.
THERE WAS NO DEDICATION DOCUMENT ATTACHED, UH, FOR US TO REVIEW, TO INDICATE WHO WAS GOING TO DO MAINTENANCE, UH, ON SAID PUBLIC STREET, UM, YOU KNOW, AND REVIEW BY OTHER DEPARTMENTS.
WHAT HAPPENED TO THE REVIEW OF THE OTHER DEPARTMENTS? UH, I CAN'T BELIEVE THAT PUBLIC WORKS OR SOMEBODY DIDN'T LOOK AT THE, THE PLAN TO DETERMINE THE STREET, UH, YOU KNOW, AT LEAST HOW THE TIES INTO SCOTT STREET AND CARTER STREET, YOU KNOW, SO, UM, WAS THE EXISTING REVIEW PAR PROCESS FOLLOWED? IS THE SYSTEM BROKEN? YOU KNOW, I DON'T KNOW.
UM, WERE THE OTHER SIGNATORIES AWARE OF THIS, OF THE CIRCUMVENTION OF THIS, UH, YOU KNOW, THREE PEOPLE HAD TO SIGN THE PLANT, THE INTERIM DIRECTOR, THE TOWN MANAGER AND THE FINANCE DIRECTOR, UM, UH, WASN'T INTENTIONAL, YOU KNOW, IS IT BECAUSE OUR STAFF OR OUR PEOPLE ARE NOT PROPERLY TRAINED? UM, UH, OUR, OUR IMPROVEMENTS NEEDED TO REVIEW THE PROCESS.
UM, YOU KNOW, I, I HAVE THOSE CONCERNS.
I SEE THAT, UH, FORMER INTERIM, UH, PLANNING DIRECTOR IS HERE TONIGHT.
UH, PERHAPS, YOU KNOW, AGAIN, I WOULD NOT RECOMMEND YOU SAYING ANYTHING, BUT, YOU KNOW, IF YOU WISH TO SPEAK, YOU CERTAINLY CAN OKAY.
UM, SO I ASKED MY, UH, MY FELLOW COMMISSIONERS DO, SHOULD WE PURSUE THIS ANY FURTHER? YOU KNOW, THAT, THAT IS A QUESTION THAT I HAVE, UM, YOU KNOW, UM, I WILL CERTAINLY LIKE TO MAKE A MOTION IN THAT IF, IF YOU WOULD ENTERTAIN IT, HOW ARE YOU, HOW WOULD YOU PROPOSE THAT WE PURSUE IT? WELL, I WOULD, UM, RECOMMEND THAT WE DIRECT THE, UH, OUR PLANNING DIRECTOR OR DESIGNEE TO INVESTIGATE AND DETERMINE THE FACTS BECAUSE THERE'S SO MUCH INFORMATION
[01:30:01]
FLOATING AROUND.I DON'T KNOW, WHAT'S FACTUAL AND WHAT'S NOT, YOU KNOW, AS TO WHEN, YOU KNOW, MAYBE A COPIES OF THE ORIGINAL APPLICATION WHEN IT WAS SUBMITTED, WHO REVIEWED IT, WHO, WHO DID WHAT, WHEN, UM, YOU KNOW, I, I DON'T HAVE THAT INFORMATION.
SO I WOULD MOVE THAT, THAT, THAT WE, UH, LET THE PLANNING DIRECTOR, UH, INVESTIGATE IT AND DETERMINE THE FACTS IN THE CASE.
UM, AND THAT THE PLANNING DIRECTOR AND DESIGNEE, I MEAN, IT MAY JUST BE VERY SIMPLE THAT, THAT IT WAS JUST A SIMPLE MISTAKE THAT, THAT HAS A LOT OF IMPLICATIONS HERE AND THAT, UM, MAYBE ALL WE NEED TO DO IS JUST RETRAIN STAFF ON, ON THE PROPER PROCEDURES FOR A MINOR SUBDIVISION WITH A PRIVATE STREET, BECAUSE TO BE HONEST WITH YOU, IN MY 13 YEARS ON THE PLANET COMMISSION, THIS IS THE FIRST TIME WE'VE HAD AN APPLICATION FOR A SUBDIVISION AND THIS MATTER ON A NEW PRIVATE STREET.
UM, AND I KNOW I'VE TALKED WITH THE DIRECTOR, MAYBE, MAYBE WE NEED A BETTER REVIEW PROCESS OR AN APPLICATION PROCESS, LIKE UTILIZING A CHECKLIST SO THAT IF, YOU KNOW, WE WE'D COME TO THE CHECKLIST WHERE IT SAYS PRIVATE STREET, THAT WE HAVE A CHECK BLOCK TO, UH, DETERMINE WHAT IS, WHAT DOES THE NEXT STEP FOR THAT? I'M NOT SURE THAT OCCURRED IN THIS, BUT THAT'S, THAT'S WHAT I AM, UH, UM, I'M THINKING, AND I CAN MAKE A PROPER MOTION.
I DO HAVE IT TYPED OUT FOR CONNIE TO, TO USE IF WE'RE INTERESTED IN THAT, BUT I JUST WOULD LIKE TO HEAR YOUR COMMENTS ON THIS.
WELL, MY, MY FAULT IS, UH, I DON'T KNOW IF YOU'RE LOOKING AT ME OR NOT, BUT MR. CHAIRMAN, MAY I SPEAK? I MEAN, IF THE GOAL IS TO CORRECT SYSTEMIC ERRORS AND CREATE A SYSTEM, UH, THAT, UH, IS MORE FOOLPROOF AND THAT, THAT CAN BE A TEMPLATE FOR ANYBODY.
YOU KNOW, I LIKE THE IDEA OF THE FLOW CHART THAT THIS HAS TO HAPPEN BEFORE THIS HAPPENS.
YOU KNOW, I THINK THAT MIGHT HELP PROBABLY A LOT OF RESPECTS WITH A LOT OF OTHER THINGS TOO.
BUT I MEAN, IF THE GOAL IS TO FIGURE OUT HOW THE PROCESS CAN BE MADE MORE FOOLPROOF AND CORRECT.
AND AGAIN, I'M NOT TRYING TO BLAME ANYONE.
I'M JUST TRYING TO ONE, MAKE SURE THAT THERE'S NO REOCCURANCE ON THIS.
AND HOPEFULLY THAT THERE WAS NO, UM, UH, INTENTIONAL CIRCUMVENTION OF THE ORDINANCE, UH, THAT, THAT DOES CONCERN ME, BUT I HAVE NO EVIDENCE OF THAT.
SO THAT'S WHY I WOULD ASK THE DIRECTOR TO, UH, SUBMIT THAT.
AND, AND AGAIN, IT MAY BE JUST SOMETHING AS SIMPLE AS SOMEBODY SAYING, HEY, I SCREWED UP, UH, YOU KNOW, WE NEED BETTER PROCEDURES TO, UH, UH, TO LOG THESE ITEMS IN AND TAKE CARE OF IT.
AND, UM, YOU KNOW, THAT'S, THAT'S WHAT I'M THINKING AT THIS POINT.
HOW, WHEN YOU ASKED ME TO INVESTIGATE, HOW WOULD YOU, HOW WOULD I FURNISH THAT INFORMATION TO, ARE YOU GUYS GOING TO WANT TO REPORT? YES.
I WOULD LIKE A WRITTEN REPORT BACK TO THIS BODY OF THE EVENTS THAT OCCURRED IN THIS.
AND BECAUSE IN ORDER TO AMELIORATE IT, OBVIOUSLY WE HAD TO VACATE THE PLAT.
AND, UH, YOU KNOW, HOW DO WE KEEP THAT FROM HAPPENING AGAIN, BECAUSE THAT'S A VERY EXPENSIVE PROCESS FOR AN APPLICANT TO, YOU KNOW, TO, TO VACATE THAT PLAT AND START ALL OVER AGAIN.
UM, SO, YOU KNOW, DETERMINE WHAT HAPPENED AND THEN MAKE RECOMMENDATIONS OR SUGGESTIONS AS TO HOW WE CAN, UH, PREVENT A RECURRENCE OF THAT.
AND THIS WOULD BE REPORT TO THIS BODY.
THIS WOULD BE A REPORT TO THIS BODY.
AND MY MOTION WOULD BE TO REPORT BACK TO THIS.
AND IF THERE IS JUSTIFICATION FOR PUSHING IT, FATHER WAS, I BELIEVE, I BELIEVE THAT YOU CAN ADMINISTRATIVELY, UH, PUT IN CERTAIN APPLICATION, UH, REQUIREMENTS OR, OR ADDITIONS LIKE A CHECKLIST TO THE CURRENT APPLICATION.
AND STAFF HAS ALREADY ENACTED THE PROCESS OF, UM, REVIEWING OUR APPLICATIONS, MAKING SOME EDITS AND CREATING A CHECKLIST SO THAT THIS NEVER HAPPENS AGAIN.
UH, AGAIN, THAT'S, THAT'S WHAT I'M LOOKING OVER.
IF YOU'D LIKE ME TO MAKE A MOTION, I CAN CERTAINLY DO THAT.
UM, CONNIE, AND THEN I'LL READ IT ONCE WE HAVE IT.
[01:35:01]
UM, MR. CHAIRMAN, I WOULD LIKE TO MAKE A MOTION THAT THE FRONT ROW PLANNING COMMISSION ASKED THE PLANNING DIRECTOR AND OR DESIGNEE TO INVESTIGATE AND DETERMINE THE FACTS SURROUNDING THE CIRCUMVENTION OF THE SUBDIVISION ORDINANCE REGARDING MINOR SUBDIVISION APPLICATION, F R SUB 2 8 5 2 DASH 2 0 2.YOURS IS PROBABLY BLANK IN THAT, CAUSE I'VE JUST NOW GOT THAT NUMBER.
UM, AND THAT THE PLANNING DIRECTOR IN OR DESIGNATE PREPARE A WRITTEN REPORT OF FACTS WERE REVIEWED BY THE PLANNING COMMISSION AND INCLUDE RECOMMENDATIONS IF ANY, THAT WOULD PREVENT THE SITUATION FROM OCCURRING AGAIN.
UM, ANY, YES, I DO HAVE COMMENTS.
UH, THAT SAID NUMBER, IS IT ACTUALLY TWO EIGHT? IS IT 2 8 5 9 DASH TWO.
THIS IS THE ORIGINAL, THE ORIGINAL.
I WOULD JUST LIKE TO POINT OUT WHEN I USE THE TERM CIRCUMVENTION, I USE IT AS A NOUN.
MEANING THE ACT, AN INSTANCE OR A MEAN OF AVOIDING IT HAS CERTAINLY NO CRIMINAL CONNOTATION ATTACHED TO IT OR? WELL, THAT WAS NOT MY INTENT.
ANY OTHER, ANY OTHER THOUGHTS? QUESTIONS NOT POTTER.
CAN YOU PULL US ON THIS CHAIRMAN JONES? YES.
UM, FURTHER COMMISSION MEMBER REPORTS.
UM, I WOULD ENTERTAIN A MOTION TO ADJOURN.