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OF

[00:00:01]

THE JANUARY 2ND, 2025

[Planning and Zoning Work Session on January 2, 2025.]

WORK SESSION OF THE FRONT RAIL PLANNING COMMISSION.

WE'LL COME TO ORDER PLEASE.

MS. POTTER, CAN YOU CALL THE ROLE PLEASE? CHAIRMAN NER.

I AM HERE, COMMISSIONER, I'M SORRY, VICE CHAIRMAN NEIL HERE.

COMMISSIONER BROOKS.

HERE.

COMMISSIONER MORSO IS NOT HERE.

WE HAVE A QUORUM.

WE HAVE A QUORUM.

VERY GOOD.

I'LL JUST PROCEED.

UH, MR. WARE, WOULD YOU LIKE TO LEAD US THROUGH OUR FIRST ITEM OF BUSINESS? SURE.

WHICH IS ITEM 2 4 0 0 4 2 1 ON WESTFORD.

OKAY.

SO THAT'S A REQUEST FOR PRELIMINARY PLAN APPROVAL.

A MAJOR SUBDIVISION, UH, CONTAINING NINE LOTS, UH, 16 DWELLING UNITS.

SO THERE WILL BE DUPLEXES.

UH, IT'S LOCATED AT 3 36 WEST FROSTBURG ROAD, IDENTIFIED AS TAX MAP 20 A 11, SECTION FOUR PARCEL 23 B.

IT IS ZONED R TWO, SO IT'S MY RIGHT.

IF YOU RECALL, THIS WAS A, UH, TANGLE BEFORE YOU, I BELIEVE IN AUGUST, UH, FOR THE FIRST PART OF PRELIMINARY PLAN.

AND THIS IS THEIR, UH, ACTUALLY THEIR THIRD SUBMISSION.

THEY SUBMITTED THE SECOND SUBMISSION IN, UH, NOVEMBER AND MADE CORRECTIONS, UH, WITH THEIR THIRD SUBMISSION.

UH, WHAT YOU HAD IN YOUR PACKET IS THE SECOND SUBMISSION DRAWINGS, BUT THIS WEEK THEY DID SUBMIT THE, UH, THIRD SUBMISSION OR REVISION AND ADDRESSED ALL THE COMMENTS.

SO WHAT YOU'LL SEE THIS EVENING IS THE LATEST, UH, DRAWING, UH, OF THE PROPERTY, OF THE ENGINEERING DRAWINGS.

AND THEY ADDRESSED ALL THE COMMENTS FROM TOWN STAFF, FROM PUBLIC WORKS, ENERGY SERVICES, PLANNING AND ZONING.

UH, JUST TO KEEP IN MIND, THIS IS THE OVERALL, UH, AERIAL VIEW OF THE PROPERTY OFF OF FOREST HILL DRIVE OUTLINED THERE.

UH, ANOTHER SHOT OF IT WITHOUT THE AERIAL.

UH, SO STRASBURG ROAD SUBDIVISION.

UH, SO IF YOU RECALL, THE PRELIMINARY PLANS IS THE FIRST STEP IN THE SUBDIVISION PROCESS AFTER APPROVAL OF THE PRELIMINARY PLAN BY THE PLANNING COMMISSION.

THE NEXT STEP WOULD BE FOR THE SUBDIVISION PLAT OF THE PROPERTY THEMSELVES, UH, LIKE WE DID ON SQUIRREL HILL IN DECEMBER.

SO THIS IS THE FIRST STEP.

UH, THIS IS THE THIRD REVISION, UH, OF THE DRAWINGS.

UH, WE DID HAVE A CHECKLIST, UH, IF YOU WANT, UH, THERE IS 37 ITEMS ON THE CHECKLIST, WHICH IS PART OF TOWN CODE, AND WE CAN GO THROUGH THOSE ITEMS IF YOU LIKE.

UM, SO IT'S A PLANNING COMMISSION'S RESPONSIBILITY TO REVIEW THOSE AT TOWN STAFF AND ALL DEPARTMENTS REVIEWED THESE.

SO WE'LL GIVE YOU AN OVERALL.

THERE'S THE, UH, PROPERTY HAS A STRUCTURE ON IT AND EXISTING DRIVEWAY.

THAT'S THE EXISTING PLANS.

UH, SO BASICALLY WE'RE GOING TO HAVE A, UH, EIGHT LOTS, UH, SUBDIVISION THERE, UH, WITH ONE LOT DEDICATED HERE FOR STORMWATER MANAGEMENT.

UH, IT COMES OFF OF FOREST HILL DRIVE OR ROAD.

UH, THEREFORE THE SUBDIVISION, UH, WE GO IN THERE, WE CAN SEE THAT THEY, UH, THEY'LL PUT A ROAD IN WITH A CUL-DE-SAC.

THERE WILL BE DUPLEX LOTS, UH, WITH THAT.

SO BASICALLY WITH THE, WITH OUR, UH, THE CHECKLIST IS WITHIN TOWN CODE, UH, OF THE 37 ITEMS, YOU WANT ME TO GO THROUGH THE ITEMS? DO YOU HAVE A COPY OF THE CHECKLIST FOR US? I BELIEVE THAT WAS INCLUDED IN YOUR PACKET.

WAS IT NOT MS. POTTER OR NOT? I DON'T WHAT THE CHECKLIST IS THAT THE ONE THAT I, UM, I'M NOT SURE I'VE GOT A LOOK.

OKAY.

I, I BELIEVE I, THEY GAVE THEM THE NUMBER DOCUMENT, BUT THAT, BUT THAT'S BEEN REPLACED NOW, BUT I THINK IT, I THINK IT IS IN THERE.

I'M SORRY.

NOTHING YOU'RE TALKING ABOUT.

NO, WE HAD A CHECKLIST.

OKAY.

I'LL GO THROUGH THE ITEMS FOR YOU.

UH, SO IN THE TOWN, UH, 1 48, 10 10, THE PRELIMINARY PLAN CHECKLIST, THEY HAD TO HAVE A REVISION BLOCK ON THE PLANS SHOWING HERE.

UH, THEY HAVE TO HAVE THE INDEX OF THE SHEETS, UH, NUMBERED ON THE COVER SHEET.

UH, THE NAME AND ADDRESS OF THE DEVELOPER, UH, SHOWING HERE ALSO, UH, NAME AND ADDRESS OF THE PLAN PREPARER, WHICH IS ON THIS PART OF THE COVER SHEET.

UH, THE MINIMUM LOT, UH, SIZE REQUIREMENTS, WHICH THEY DO SHOW MINIMUM LOT SIZE, UH, REQUIREMENTS, 8,000 SQUARE FEET.

SO THEY DO HAVE THAT THERE.

UH, THE FRONT, UH, SIDE AND REAR YARD SETBACKS, THEY HAVE THAT DESIGNATED HERE ON THE SIDE OF THE DRAWING ON THE COVER SHEET.

UM, IT'S NOT IN THE FLOODPLAIN.

THEY DO NOTATE, UH, AND THEY DO GIVE THE NUMBER FOR THE FLOODPLAIN OR THE MAP NUMBER

[00:05:01]

HERE.

IT IS NOT IN THE FLOODPLAIN.

UH, THEY DO GIVE A VICINITY MAP.

THEY GIVE AN AREA TABULATION.

THAT WAS ONE OF THE COMMENTS PREVIOUSLY.

SO IF YOU LOOK ON YOUR COMMENT LIST, WE DID, THEY DID NOT HAVE A TABULATION HERE ON THE COVER SHEET.

SO IT GIVES THE EIGHT LOTS PLUS THE STORM WATER MANAGEMENT LOT, THE RESIDUE AND THE AMOUNT THAT'S IN THE ROAD REQUIRED BY TOWN CODE.

UH, THEY ALSO, YOU KNOW, OBVIOUSLY THEY GIVE THE TAX MAP NUMBER ON THE SHEET.

AND, UH, THE LEGEND AND SYMBOLS IS ON SHEET NUMBER TWO.

UH, THEY DO HAVE A SIGNATURE BLOCK REQUIRED.

THE TOWN CODE FOR FINANCE DEPARTMENT DIRECTOR OF PLANNING AND ZONING, UH, THE PLANNING CHAIR SHOULD SIGN THAT PUBLIC WORKS AND ENERGY SERVICES.

SO THAT'S ALL PART OF THE PRO UH, PROCESS.

UH, THEY HAVE A, A SCALE, IF YOU NOTICE ON ALL THESE DRAWINGS, THEY DO HAVE A SCALE WRITTEN IN THE NORTH ARROW IN ALL THE SHEETS THAT'S REQUIRED.

UM, WITH THE NORTH ARROW, THEY DO HAVE THE SIGNATURE OF THE ENGINEER ON EACH SHEET, IF YOU SEE THIS ON THE SHEET.

SO HE DOES HAVE THOSE SIGNED AND DATED FOR EACH SHEET.

UH, SO THAT'S THE FIRST FIVE OF THOSE.

UH, THEY DID, DID PREPARE THE DRAWINGS AT THE APPROPRIATE SCALE.

SO IF WE GO THROUGH THESE DRAWINGS, THAT'S THE PLAT SHEET.

UH, THE LAYOUT PLAN, SHOWING THE LOTS ON THERE, THEY DID GO BACK AND HERE ON SHEET NUMBER C 1 0 1, THEY GIVE ALL THE DIMENSIONS OF THE LOT LINES BROKEN DOWN IN THIS LINE TABLE AND THIS CURVE TABLE.

SO THEY DID GIVE THAT INFORMATION.

UH, THEY'RE NOT GONNA PHASE THE PROJECT.

THEY DID GIVE, UH, THE ADJOINING PROPERTY OWNERS THERE.

THEY DID DO THE DRAWING AT A SCALE, THE CONTOUR AT A ACTUALLY ONE FOOT CONTOUR INTERVALS.

OUR CODE, UH, SAYS THAT THE PRELIMINARY PLANE COULD BE FIVE.

SO THEY WENT THE EXTRA EFFORT AND DID THEM AT ONE FOOT CONTOUR INTERVALS.

UH, SO THIS SHOWS THE, UH, COLLAR.

THIS SHOWS THE, UH, UTILITY LINES OF THE WATER LINE COMING IN, SERVICING THE LOTS.

THEY'LL HAVE A SEWER LINE ON EACH SIDE.

THESE ARE, EXCUSE ME, THE, UH, PUMP SEWER LINE.

SO THEY'LL COME OUT WITH, UH, FORCE MAIN ON THOSE ONE ON EACH SIDE OF THE STREET WITH THE WATER SERVICES COMING OFF THE STREET, TYING INTO THE LOTS.

SO THEY DID PRODUCE ALL THAT WITH THE UTILITIES.

UH, THEY DID GIVE THE SANITARY, UH, SEWER PROFILES ON THE SHEET ALONG WITH THE WATER, UH, MAIN PROFILE.

THE HYDRANT AT THE END, THAT'S REQUIRED FOR THE END OF THE STREET.

UM, IF WE PROGRESS ON DOWN, THEY DID, DID A CONCEPTIONAL DRAWING OF THE STORMWATER MANAGEMENT.

UH, THERE'S THE, UH, DESIGN FOR THE STORMWATER MANAGEMENT.

NOW, UH, TOWN DOES NOT REVIEW PART OF THE STORMWATER MANAGEMENT.

UH, THIS IS THE PRELIMINARY PLAN.

UH, WE HAVE AN MOU AT THE COUNTY.

THE WARREN COUNTY DOES THE EROSION AND SEDIMENT CONTROL AND THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY DOES THE STORM WATER, UH, REVIEW.

BUT SINCE THIS IS A PRELIMINARY PLAN, UH, THEY REALLY DO NOT REVIEW THE PRELIMINARY PLAN UNTIL IT COMES TO SITE DEVELOPMENT.

IT NEEDS TO BE INCLUDED.

THEY KIND OF REVIEWED IT WITH THE ENGINEER AND, UH, BASED ON THEIR FINDINGS INITIALLY, IT DOES LOOK LIKE IT, IT WOULD WORK.

SO, BUT THEY DO NOT DO A FULL BLOWING PLAN REVIEW OF THE STORM WATER MANAGEMENT, AND WARREN COUNTY DOES NOT DO EROSION SEDIMENT CONTROL PLAN REVIEW FOR PRELIMINARY PLANS.

THEY ARE INCLUDED IN THIS DATA.

WE DID REVIEW A LITTLE BIT OF IT.

IT DOES ENCOMPASS THE ITEMS THAT ARE NEEDED FOR THAT.

UH, THEY DO GIVE THE BUILDING RESTRICTION LINES ON THESE LOTS.

WE GO BACK THROUGH THEM.

BUT THEY SAID THEY SHOWED THE BUILDING RESTRICTION LINES HERE ON EACH OF THE LOTS.

THAT'S THIS OUTLINE IN THIS BOULDER HERE, BOULDER LINE WORK.

UH, THEY DID NUMBER THE LOTS, UH, CONSECUTIVELY.

YOU SEE LOTS ONE THROUGH EIGHT WITH THE STORM WATER MANAGEMENT THERE.

UH, THEY DID PROVIDE THE WIDTH OF THE STREET, 36 FOOT WIDE OF PAVEMENT, UH, WITH THE 50 FOOT RIGHT OF WAY.

THEY DID MAKE NOTES HERE WITH ALL THESE NUMBERS HERE ON YOUR SHEET CORRESPONDS WITH NUMBERS IN THESE BLOCKS.

UH, SO THAT'S THE PART OF THEIR DESIGN ON THAT.

UH, IT IS TYING INTO FOREST HILL DRIVE, WHICH IS REQUIRED.

UH, THEY DO A LITTLE BIT OF VDOT IMPROVEMENTS.

OBVIOUSLY.

THERE WERE THE ROAD TIES IN.

UM, THEY DID GIVE A TYPICAL SECTION OF THE STREET, WHICH WAS ONE OF THE COMMENTS FROM PUBLIC WORKS, UH, SHOWING THE, WHICH WAS LABELED HERE.

THEY DID A ROAD PROFILE AND THE STREET, UH, TYPICAL SECTION, UH, WITH CURB AND GUTTER AND

[00:10:01]

SIDEWALK SHOWING ON THAT PART OF THE DRAWING.

SO THEY DID PROVIDE THAT INFORMATION.

UH, THERE'S A LITTLE BIT OF THE PROFILE, THE SITE DISTANCE, UH, THAT MAY, UM, NEED SOME ANSWERS.

UH, DURING THE, UH, JANUARY MEETING FROM THE ENGINEER ON HERE, I HAD A COUPLE QUESTIONS.

DIDN'T QUITE, UH, MAKE SENSE.

MAYBE IT WAS A TYPO ON THEIR PLANS.

BUT WE CAN ADDRESS THAT, UH, DURING THE, UH, THE REGULAR SCHEDULED MEETING WITH THAT.

SO THEY DID GET A SITE DISTANCE FOR TRAFFIC COMING IN AND OUT OF THERE, BUT HA NEEDS THE REQUIRED SITE DISTANCE TO PULL OUT.

THEY DID PROVIDE A SOILS MAP THERE, A BUNCH OF NOTES FOR EROSION AND SEDIMENT CONTROL AND MINIMUM STANDARDS.

UH, THAT'S THE NS PLAN.

AGAIN, WE DON'T, UH, REVIEW THESE.

WE ARE NOT THE AUTHORITY FOR THAT.

WARREN COUNTY IS THE AUTHORITY FOR EROSION SEDIMENT CONTROL PLAN REVIEW.

SO SINCE IT'S A PRELIMINARY PLAN, THEY DON'T REVIEW IT, BUT IT NEEDS TO BE INCLUDED IN HERE.

UH, THERE'S A LITTLE BIT OF PHASE TWO, THE EROSION SEDIMENT CONTROL, UH, SOME DETAILS THAT ARE REQUIRED FOR CONSTRUCTION.

THEY DID GIVE A PLAN HERE FOR ROAD CLOSURE WORKING IN THE STREET PUBLIC WORKS.

REVIEWED THAT, UH, DETAILS THAT ARE REQUIRED FROM THE PUBLIC WORKS WITH TOWN STANDARDS FOR ALL THE DETAILS THERE.

UH, THEN THEY DID THE DRAINAGE CALCULATIONS ON THE PROPERTY THAT RELATES TO THE STORM WATER MANAGEMENT.

AND ONE KEY THING THERE, THEY DID ADD, THEY WILL BE, UH, SHORT IF YOU WOULD OR BE IN A DEFICIT OF CONTROLLING THE STORM WATER, UH, QUALITY.

SO UNDER, UH, STATE REGULATIONS STARTING IN 2014, THEY HAVE TO GO THROUGH A SERIES OF CALCULATIONS BASED ON THE IMPERVIOUS SURFACE AREA.

SO YOU HAVE A PRE-DEVELOPMENT SITE THAN THE POST-DEVELOPMENT SITE.

SO THEY TAKE THE NUMBERS GENERATED BY IMPERVIOUS SERVICE AREA.

THEY CALCULATE THE RUNOFF BASED ON STORM WATER TO REDUCE THE STORM WATER RUNOFF ON QUALITY AND QUANTITY.

AND THAT'S HOW THE BA, THE BMP STORM WATER MANAGEMENT PRACTICE CONTROLS THE WATER.

BUT FAR AS THE QUALITY OF WATER, THEY ARE AT A DEFICIT.

THEY ARE NOT CONTROLLING ENOUGH OF THE RUNOFF, BUT THE STATE CODE DOES ALLOW THEM TO PURCHASE CREDITS.

SO, UH, WITH YOUR PLAN, THE LATEST REVISED PLAN, THEY ALL, THEY ALSO HAVE A LETTER FROM A NUTRIENT BANK SAYING THAT THEY CAN PURCHASE THE CREDITS THERE TO OFFSET WHAT, UH, THEY ARE AT A DEFICIT FOR.

SO THAT IS PART OF THE STATE CODE THAT DOES ALLOW THEM TO DO THAT FOR STORM WATER MANAGEMENT.

SO THAT LETTER IS IN THE PLAN, UH, FOR THAT RESERVING THEM CREDITS TO PURCHASE FOR THE NUTRIENTS.

IS THAT THE ONE IN LIEU OF, IS THAT THE, UH, IT WOULDN'T BE IN LIEU OF, UH, SO IT'S A REQUIREMENT.

EITHER THEY GOTTA CONTROL THE STORM WATER QUA QUALITY AND QUANTITY ON SITE.

NO, I UNDERSTAND.

TERMINOLOGY IS A MATTER.

YES.

YEAH, IT'S NOT IN LIEU OF, BUT, UH, THEY HAVE TO HAVE THIS, AND THE STATE DOES ALLOW THOSE ESTATE REGULATIONS FOR THEM TO PURCHASE CREDITS WITHIN THE WATERSHED.

SO THEY HAVE REACHED OUT, UH, WITH A FIRM THAT DOES HAVE CREDITS, UH, AVAILABLE.

AND THAT'S INCLUDED IN THE NEW PACKET.

UH, WHEN YOU GET THE, UH, ONE FOR THE REGULAR JANUARY MEETING, YOU CAN READ THAT.

SO IT WASN'T, UH, THEY WASN'T NEEDING VERY MUCH, BUT THEY DO HAVE THAT.

THAT'S ON THE PAPER DRAWINGS ON THE, UH, UH, TABLE THERE IF YOU'D LIKE TO LOOK AT THAT.

UH, SO THEY DID SHOW SOME OTHER COMMENTS, UH, WITH THAT.

UH, THEY DID SHOW THE EXISTING HOMES REQUIRED OR EXISTING BUILDINGS THAT ARE IN THE VICINITY OF THE PROPERTY.

SOME OF THESE ARE KIND OF SCATTERED THROUGHOUT THE DRAWING, UH, BASED ON OUR CHECKLIST.

UH, BUT THEY DO SHOW THE EXISTING BUILDINGS THAT WE REQUIRE WITHIN A CERTAIN DISTANCE OF THE PROPERTY LINE.

THEY DID SHOW THOSE.

THERE'S ANOTHER CONCEPT OF IT WITH THE EXISTING BUILDINGS ON THE ADJACENT SITE.

SO THEY DO HAVE THIS RESIDUE PARCEL THAT THEY'RE NOT GOING TO DEVELOP AT THIS TIME.

SO IF YOU REMEMBER RIGHT, THAT'S THIS PARCEL THAT COMES OFF WEST STRASSBURG ROAD HERE AND SHOWS UP ON THE, UH, DRAWING HERE.

SO THAT'LL BE CUT OFF.

THEY'LL KEEP THAT RESIDUE, AND AT THIS TIME WE'LL NOT, UH, DEVELOP THAT PORTION OF THE SITE.

SO IS THAT THAT ROAD THAT THAT PROPERTY LINE CUTS THROUGH, THAT ROAD'S GOING TO STAY THERE? WELL, THEY HAVE, UH, THEY'RE PROPOSING THE PORTION OF IT, THEY'RE GONNA DEMOLISH PART OF THAT OR TAKE THAT OUT IN THE EXISTING BUILDING ON THERE.

SO PART OF THAT WILL STILL REMAIN, BUT THEY WILL NOT DEVELOP THIS PORTION OF THE SITE AT THIS TIME.

OKAY.

SO THE ROAD'S GONNA DISAPPEAR.

PORTION OF IT WILL BE RIGHT, BUT THEY WILL, THE SUBDIVISION WILL COME OFF FOREST HILL ROAD AND NOT OFF OF WEST ROSEBURG ROAD.

OKAY.

UM,

[00:15:02]

SO THOSE ARE THE ITEMS THAT ARE IN THE CHECKLIST.

UH, IF I LOOKED AT THE STEEP SLOPE ON HERE, UH, THE SOILS MAP DOES REVEAL THAT IT IS POTENTIALLY HAVE SOME STEEP SLOPES ON THE PROPERTY.

UH, WE'LL PROBABLY REACH OUT TO THE ENGINEER LATER ON THIS, UH, HE DID GIVE, WITH THE SOILS BREAKDOWN ON CLASSIFICATION 40 1D, IT DOES SHOW 40 1D UH, HAS SLOPES, STEEP SLOPES, 15 TO 25%.

SO TOWN CODE, ANYTHING OVER 20 15% IS CONSIDERED A STEEP SLOPE.

HOWEVER, WHEN I DID THE, UH, CALCULATIONS, UH, THE EXISTING SLOPES ARE JUST UNDER THE 15%.

UH, SO WE MAY REACH OUT TO THEM, UH, FOR, THEY WOULD DO A SOILS ANALYSIS.

A VERY SMALL PORTION OF IT MAY BE CONSIDERED STEEP SLOPE, AND THEY WOULD HAVE TO DO A SOILS REPORT ON THAT.

UH, BUT, UH, FOR THE PRELIMINARY PLAN, UH, IT'S NOT CRITICAL THAT WE NEED THAT FOR THE PRELIMINARY PLAN BECAUSE THE SLOPES DOES INDICATE IT'S JUST UNDER THE THRESHOLD.

BUT WE CAN REACH OUT TO THEM TO VERIFY THAT THEY DIDN'T DOCUMENT IT, UH, ON THE DRAWING ON THE PERCENT OF SLOPE THEY DID ON THE, UH, NEW SLOPES.

UH, I GUESS IF, UH, THE FINISHED PRODUCT OF THE SITE, WHEN THEY DO THE GRADING, I'LL LOOK BACK THROUGH HERE.

UH, LET'S SEE HERE.

WE CAN GET BACK TO THE MAIN DRAWING.

THEY DID GIVE THE SLOPES ON HERE THAT THE FINISHED SLOPES ON THESE, THE SIDES WOULD BE AT A THREE TO ONE, UH, SLOPE.

AND ALSO DOWN THERE ON THE FINISHED PRODUCT HERE AT THE END OF THE CUL-DE-SAC HERE WOULD BE AT A THREE TO ONE, WHICH IS MANAGEABLE.

UH, PEOPLE GONNA MOW THEIR YARD AT A THREE TO ONE SLOPE THERE IN THE BACK.

SO, UM, WE CAN REACH OUT TO THEM.

UH, POSSIBLY THEY CAN MAKE A COMMENT AT THE MEETING, UH, HERE IN JANUARY, UH, IF THERE IS SOME STEEP SLOPES ON THE PROPERTY PER DEFINITION OF TOWN CODE.

UH, SO THEY HAVE MET ALL THE CRITERIA LISTED IN THE CHECKLIST.

THEY ADDRESSED ALL, ALL THE COMMENTS FROM PUBLIC WORKS, ENERGY SERVICES, PLANNING AND ZONING.

THEY DID.

UM, AND IN PART OF YOUR PACKET, VDOT AND WARREN COUNTY DID MAKE SOME GENERAL STATEMENTS THAT THEY WOULD BASICALLY NOT REVIEW THIS UNTIL THE, UH, SITE DEVELOPMENT DRAWING COMES TO THEM.

BUT ALL THE INFORMATION IS INCLUDED IN THIS PACKET FOR A PRELIMINARY PLAN.

UH, DO YOU HAVE ANY QUESTIONS? A LOT TO TAKE IN.

UH, WE WENT OVER THIS PROJECT BEFORE, BUT, UH, TIME SUBMITTAL WHEN IT STARTED IN AUGUST.

UH, THEY'VE REVISED IT TWO TIMES SINCE, AND IT MET ALL THE CONDITIONS OF THE REQUIREMENTS THAT WE COULD, UH, REVIEW.

ANY QUESTIONS? NO QUESTIONS.

TALK TO ME FORWARD ON THE LATEST PLAN THEY SUBMITTED.

IT SAYS SIDEWALKS ARE ADDED, BUT I DIDN'T SEE THEM WHEN YOU WERE FLIPPING THROUGH THAT.

YEAH, RIGHT HERE ON THE GRADING PLAN, SIDEWALKS ARE HERE.

OKAY.

IT'S A SIDEWALK.

OKAY.

YEP.

AND, UH, THEY GOT THE ENTRANCES THERE.

UH, YES, THEY WAS A LITTLE BIT CONFUSING.

THEY POTENTIALLY MAY ASK FOR A SIDEWALK WAIVER AND CURB AND GUTTER WAIVER, BUT SIDEWALKS AND CURB AND GUTTER IS REQUIRED.

SO IF IT WASN'T INCLUDED IN THE, UH, PRELIMINARY PLAN, THEN WE WOULD ASK THAT TO BE DENIED.

BUT THEY DID INCLUDE IT IN THIS PRELIMINARY DRAWING.

UH, SO THE NEXT STEP WITH APPROVAL, THE PRELIMINARY PLAN WOULD BE THE ACTUAL SUBDIVISION PLA.

SO THEY HAVE 36 MONTHS AFTER APPROVAL OF THE PRELIMINARY PLAN SUBMIT THE SUBDIVISION PLAT.

SO THAT WOULD BE, THIS IS JUST THE FIRST STEP IN THE PROCESS.

AND YOU MAY ALREADY MENTIONED ABOUT THE VIEWING DISTANCE AND THE NUMBERS, NOT .

YEAH.

THAT, YEAH.

SOMETHING, UH, I THINK MIGHT BE A TYPO ON THERE.

BUT WE, WE CAN ADDRESS THAT, UH, THERE WITH THE, UH, ENGINEER AT THE, UH, JANUARY MEETING.

WHAT WAS REFERRING TO? IF YOU LOOK AT THE LEFT TURN, IT'S, UM, INCONSISTENT ON THE NUMBERS THEY SAY OF THE VIEWING.

UH, SO WE CAN ADDRESS THAT AT THAT POINT.

AND IS THIS THE APPROPRIATE, WE, THERE WAS SOME DISCUSSION BEFORE ABOUT CONDITIONS THAT GO ALONG WITH THIS.

IS THIS THE APPROPRIATE TIME TO MENTION ? WELL, THE ONE WITH THE, UH, WE LOOKED OUT WAS THE CREDIT AND THEY, AND, UH, WITH THE LATEST SUBMISSION, THEY DID ADDRESS THE CREDITS.

OKAY.

THE, THE STORM WATER MANAGEMENT FOR PART OF THE CREDITS KNOW, BUT I'M JUST SAYING FOR ADDITIONAL CONDITIONS WHERE WE WOULD JUST WAIT FOR THE FOOT RAISE MEET.

UM, AS FAR AS WHICH ONES ARE YOU TALKING ABOUT? I'M TALKING ABOUT THE, LIKE THE DETENTION POND FENCING.

I, WE COULD ASK THEM AT THAT POINT.

YEAH.

WOULD, WOULD THERE BE CONDITIONS BY THEM? OR JUST STAFF CONDITIONS? SINCE IT'S, IT'S NOT A PUBLIC HEARING AND IT'S NOT, UM, NOT A SPECIAL USE.

NOT A SPECIAL USE PERMIT.

THAT'S WHAT, I'M SORRY.

I WASN'T SURE WHAT THE APPROPRIATE TIME WAS TO ASK, UH, ABOUT, UH, WE COULD ASK PROBABLY AT THAT MEETING, STAFF

[00:20:01]

CAN ASK THAT MEETING OF IT.

'CAUSE YOU, YOU WAS CONCERNED WITH THE, UH, STORMWATER MANAGEMENT AREA.

YEAH.

BUT IT LOOKS LIKE THIS ONE'S GONNA BE UNDERGROUND, SO IT WON'T BE VISIBLE.

YEAH.

YEAH.

THERE, THIS IS THIS ONE HERE.

YEAH, I SAW THE TANK.

LIKE, YEAH.

SO THAT, THAT ONE WON'T BE LIKE A STORMWATER MANAGEMENT POND OR BIO RETENTION AREA.

OKAY.

I THINK WE WAS TALKING ABOUT A COUPLE DIFFERENT PROJECTS.

RIGHT.

SO THERE'S, UH, I HAD NEVER SEEN THAT TANK THING BEFORE.

YEAH.

SO IF WE GO BACK TO THEIR THING, THEY'RE DOING THIS, UM, GET THE TERMINOLOGY HERE, .

YEAH.

SO THEY'RE, THEY'RE DOING AN IN GROUND TANK SYSTEM AND PIPING.

OKAY.

THAT'S WHAT IT'S SAYING.

SO IT'S NOT GONNA BE LIKE A BUYER RETENTION, UH, OR A, A WET POND OR DRY POND OF THAT SORT GROUND IN THAT, UNLESS SAY, WE REALLY TRY HARD.

RIGHT.

SO THAT, THAT'S, THAT'S, THAT'S A DIFFERENT TYPE OF SYSTEM THAT THEY'RE PUTTING IN THERE.

YEAH.

THANK YOU.

OKAY.

AND THE STREET IS TENTATIVELY NAMED ALLEYWAY, AND IS THAT SUBJECT TO REC? WHO NAMES STREETS IN TOWN? WELL, THEY CAN VOLUNTEER A NAME FOR IT.

WE WOULD HAVE TO CHECK WITH THE OTHER STREET NAMES, EXISTING STREET NAMES IN THE TOWN AND THE COUNTY TO MAKE SURE THEY'RE NOT DUPLICATE NAMES.

OKAY.

YEAH.

OR MISLEADING NAMES THAT WOULD CAUSE 9 1 1 EMERGENCY SERVICE TO GO TO THE WRONG ADDRESS OR SOMETHING LIKE THAT.

UH, EVERYBODY, AND IF YOU WANT, WE ARE WITH, WE HAVE THE, THE LARGE DRAWINGS THERE.

NOW ON YOUR, UH, PACKET THAT WE'LL SEND OUT HERE FOR THE, FOR THIS MEETING IN JANUARY, DO YOU WANT THE, UH, NUMBERS OF THE, UH, 37 ITEMS ON THE CHECKLIST? DO YOU WANT THOSE NUMBERED ON YOUR SHEETS OR ARE YOU CONFIDENT IN THE, UH, REVIEW THAT WE DID TODAY FOR THE WORK SESSION? I'M, I'M FINE.

YEAH.

SAME .

OKAY.

ALL RIGHT.

UH, THANK YOU.

I THINK THE NEXT TIME WE'LL TRY TO GET THIS SINCE THE PLANS CAME IN, BUT WE ASKED THEM TO GET 'EM FOR THE WORK SESSION AND THEY DID.

SO WE COULD GO OVER IT.

UH, I THINK HOPEFULLY WE HAVE ANOTHER ONE COMING UP.

WE'LL HAVE THOSE NUMBERS UP ON THE SCREEN SO YOU CAN FOLLOW THE CHECKLIST AND WHAT WE'RE TALKING ABOUT ON THERE.

SO THANK YOU.

I APPRECIATE THE COURT.

THANK YOU.

YEAH.

OKAY, THE NEXT ITEM, UH, WHICH YOU MIGHT AS WELL.

STAY, STAY THERE, JOHN.

WE'LL FOLLOW TO SIT DOWN.

OKAY.

THE NEXT ITEM IS MULTIFAMILY APARTMENTS ON ROYAL LANE.

OKAY.

SO THIS IS SOMETHING SIMILAR.

UH, IF YOU RECALL, UH, FOR APARTMENTS, UH, SPECIAL USE PERMIT IS REQUIRED.

THIS IS ZONED, UH, C ONE, UH, SO SPECIAL USE PERMIT APPLICATION.

UH, THIS IS FOR MULTI-FAMILY APARTMENTS CAME CONTAINING 36 UNITS IN THREE SEPARATE, UH, APARTMENT BUILDINGS, UH, EACH WITH 12 UNITS.

AND THEY WOULD HAVE AN OFFICE THERE.

IT'S LOCATED ON A VACANT PARCEL AT THE TERMINUS OF ROYAL LANE.

SO IT IS ZONE C ONE, AND THIS REQUIRES A SPECIAL USE PERMIT.

SO CHAPTER 1 37, 1 75, 39 B.

THE FOLLOWING USES ARE PERMITTED IN THE C ONE DISTRICT ONLY BY APPROVAL OF SPECIAL USE PERMIT, EXCEPT AS PROHIBITED OR RESTRICTED BY SEPARATE RESTRICTIONS OF RECORD THAT MAY PERTAIN TO THE PROPERTY IN THE C ONE DISTRICT.

AND UNDER RESIDENTIAL, UH, SPECIAL USE PERMIT IS REQUIRED FOR APARTMENTS OR DWELLING UNITS WITH FOUR OR MORE, OR WHERE LOCATED ON THE GROUND FLOOR.

SO THIS REQUIRES A SPECIAL USE PERMIT.

SO THERE IS THE PROJECT AT THE END OF EXISTING ROYAL LANE, UH, HERE OFF OF, UH, JOHN MARSHALL HIGHWAY.

IF YOU'RE, IF YOU'RE FAMILIAR, THAT GIVES YOU THE ARROW VIEW OF THE PROPERTY.

UH, THESE PROPERTIES HERE ARE SINGLE FAMILY, UH, ZONED R ONE.

AND THESE EXISTING APARTMENTS HERE ARE IN THE C ONE DISTRICT.

UH, SO KEEP THAT IN MIND.

UH, SO THERE'S A ZONING OF THAT R ONE ON RURAL LANE ON THE WEST OR THE EAST SIDE.

IF YOU COME DOWN THE STREET ON THE LEFT HAND SIDE AND SEE ONE ON THE RIGHT, COMING TO THE PROJECT WITH A PROJECT AT THE VERY END OF THE EXISTING ROAD, UH, IN YOUR PACKET, YOU HAVE THE APPLICATION, THE IMPACT ANALYSIS STATEMENT, AND A PRELIMINARY SITE PLAN.

NOW, SPECIAL USE PERMITS.

UH, THE GOVERNING BODY IS AUTHORIZED TO GRANT, GRANT SPECIAL USE PERMITS UNDER SUITABLE REGULATIONS AND SAFEGUARDS OF VIRGINIA CODE 15 POINT 2286 A THREE.

UH, AND YOU CAN IMPOSE RESTRICTIONS OR CONDITIONS.

THE CONDITIONS

[00:25:01]

IMPOSED MUST BE REASONABLE, HAVE A REASONABLE RELATIONSHIP TO THE LEGITIMATE LAND USE CONCERNS AND PROBLEMS GENERATED BY THE USE OF THE PROPERTY.

UH, SO THEY DID DO THE, UH, AN IMPACT ANALYSIS ON THAT.

SO IF YOU'RE GONNA MAKE CONDITIONS, UH, THIS IS UNLIKE PROFFERS, NO PROFFERS, UH, COMPANY, A REZONING.

AND THOSE ARE DESIGNED TO REDUCE THE IMPACT ON PUBLIC INFRASTRUCTURE.

SPECIAL USE PERMITS SHALL DEMONSTRATE THE APPROPRIATENESS OF ESTABLISHING THE SPECIAL USE ON THE PROPERTY.

UH, TYPICALLY, UH, THESE ARE STANDARDS THAT YOU WOULD LOOK AT.

I'LL GO BACK TO THAT, THE IMPACT OF THE SPECIAL USE ON THE, ON THE CHARACTER OF THE DISTRICT.

THE IMPACT OF THE SPECIAL USE ON THE WELFARE OF THE LANDOWNERS AND OCCUPANTS OF THE LAND IN THE DISTRICT.

AND IS IT CONSISTENT WITH THE COMPREHENSIVE PLAN? OTHER FACTORS YOU SHOULD CONSIDER IS THE CHARACTER OF THE PROPERTY, THE GENERAL WELFARE OF THE PUBLIC, AND THE ECONOMIC DEVELOPMENT OF THE COMMUNITY.

SO YOU HAVE TO MAKE SURE THE CONDITIONS YOU OPPOSE OR APPLY TO THIS PROPERTY IS DIRECT RELATIONSHIP TO THE PROPERTY.

AND WITH THAT PROJECT.

UH, COUPLE THINGS ABOUT SPECIAL USE PERMITS, UH, WHETHER GRANTED BY THE BODY GOVERNING BODY OR THE BZA, THEY'RE LEGISLATIVE IN NATURE.

UH, THEY ARE CONSIDERED TO HAVE A GREATER, GREATER POTENTIAL IMPACT THAN IS ALLOWED BY RIGHT.

AND THEY MUST BE EVALUATED UNDER REASONABLE STANDARDS BASED ON ZONING PRINCIPLES.

UH, THE IMPACTS OF SPECIAL USES ARE ADDRESSED THROUGH CONDITIONS, AND THE CONDITIONS MUST BE RE REASONABLE AND RELATED TO THE IMPACT OF THE PROPERTY.

AND DECISIONS TO DENY SPECIAL USE PERMIT CAN BE APPEALED TO THE CIRCUIT COURT.

SO THAT'S JUST AN OUTLINE ON SPECIAL USE PERMITS IF YOU DECIDE TO PUT CONDITIONS ON THIS PROPERTY.

SO THEY DID DO A TRAFFIC ANALYSIS HERE, AND IF YOU SEE HERE IN RED, UH, WITH THE TRAFFIC GOES UP WHERE THERE'S TAPER REQUIRED, AND THERE IS A TURN LANE REQUIRED BASED ON THE TRAFFIC ON COMING OUT OF ROYAL LANE.

UH, HOWEVER, BASED ON THEIR FINDINGS, THERE'S ALREADY A TURN LANE HERE COMING.

THIS WOULD BE HEADING EASTBOUND, TURNING INTO THE PRO, UH, THE PROJECT HERE ON ROYAL LANE.

AND THERE IS A TURN LANE COMING DOWN THE HILL WHERE YOU'D MAKE A LEFT HAND TURN.

SO THE EXISTING ROAD CONDITIONS ALREADY NEGATE THE U WELL, THE TRAFFIC IMPACT ANALYSIS SAID THIS WAS NEEDED AND THAT THOSE WERE ALREADY THERE.

SO JUST KEEP THAT IN MIND.

UM, HOWEVER, ONE CONDITION THAT, UH, WE LOOKED AT AND REVIEWED, UH, THEY DO NOT HAVE STRIPING OUT HERE AS YOU ENTER FROM RURAL LANE OUT TO JOHN MARSHALL HIGHWAY.

UH, SO, UH, PROBABLY STAFF WOULD RECOMMEND THAT, UH, YOU SHOULD PLACE CONDITIONS ON THERE FOR THE TURN LANES THERE, SINCE THAT, UH, PART OF THE ROAD IS NOT STRIPED WITH A TURN RIGHT OR LEFT OR THE ENTRANCE THERE.

AND YOU CAN SEE PEOPLE ALREADY, EVEN WITH THIS PHOTO, THEY'RE PARKING HERE ALONGSIDE THE ROAD THERE.

SO, UH, THAT'D BE SOMETHING YOU MAY WANNA CONSIDER, REQUIRE THEM TO, UH, STRIPE THAT FOR THE, TO SEPARATE THE TURN LANES.

UH, SO THERE'S THEIR PRELIMINARY SITE PLAN.

UH, THERE'S THE EXISTING, UH, PROPERTY, WHICH IS WOODED, MAJORITY OF IT.

UH, THIS, UH, PROJECT DID HAVE A SPECIAL USE PERMIT GRANTED PREVIOUSLY, UH, BUT THE VESTED, UH, THEY DID NOT AFTER THE SPECIAL USE PERMIT WAS GRANTED THAT EXPIRED.

UH, BASICALLY, UH, A COUPLE THINGS YOU MAY ALSO WANNA CONSIDER, UH, HERE, IF THIS CUL-DE-SAC DOES ENTER INTO ANOTHER PARCEL, UH, WE WOULD PROBABLY, STAFF WOULD RECOMMEND THAT YOU PLACE CONDITION ON HERE, THAT THE RIGHT OF WAY WILL BE EXTENDED FOR FUTURE USE HERE ON EXISTING PARCEL.

ALSO HERE ON THIS PART, THIS GOES INTO A RESIDENTIAL EXISTING LOT WITH A HOUSE ON IT.

WE WOULD PROBABLY MAKE A RECOMMENDATION FOR TO IMPROVE THIS APRON HERE FOR THIS RESIDENT WITH A TOWN STANDARD, UH, ENTRANCE RAMP THERE AND WHERE THE, THEY ENTER IN HERE FOR THE, UH, DAYCARE TO PUT CURB AND GUTTER IN HERE AND PUT THIS AS AN APPROPRIATE APRON TYING INTO THAT PROPERTY.

UH, SO BASICALLY THE, UH, THE WAY IT LOOKS ON EXISTING, WE GO BACK TO THE AERIAL VIEW.

UH, YOU CAN SEE THAT, YOU KNOW, THE PAVEMENT JUST COMES IN THERE, INTO THAT PROPERTY THERE,

[00:30:01]

UH, PARTIALLY BUILT.

SO, UH, WE WOULD RECOMMEND ON THAT PART THAT YOU PUT A CONDITION THAT THIS BE COMPLETED WITH CURB AND GUTTER INTO THAT ADJACENT PROPERTY AND TO FIX THAT DRIVEWAY FOR THAT RESIDENT THERE.

'CAUSE THIS OUTLINES THE PAVEMENTS UP HERE AND COMES DOWN.

UH, SO THEY'RE GONNA HAVE TO EXTEND THE CURB AND GUTTER, AND WE WOULD PROBABLY SUGGEST YOU PUT A CONDITION ON THERE TO FIX THAT, UH, APRON FOR THAT RESIDENT.

UH, ANOTHER THING TO KEEP IN MIND, UH, ONE CONDITION YOU MAY THINK ABOUT IS WITH THIS JOINING AN R ONE DISTRICT TOWN CO DOES REQUIRE THEY HAVE SCREENING, UH, FULL SCREENING ON RESIDENTIAL DISTRICTS.

UH, THIS LOT HERE IS WOODED HERE, AND THIS LOT IS WOODED HERE, BUT WE HAVE A RESIDENTIAL, UH, HOUSE HERE.

UH, SO YOU COULD PUT CONDITIONS ON THERE.

UH, IT CAN BE A FENCE, A WALL OR AN EVERGREEN SCREENING.

UM, YOU MAY WANT TO CONSIDER, UH, TO SEPARATE THAT PROPERTY, UH, WITH A PRIVACY FENCE AND ALSO SCREENING OF SOME TYPE OF EVERGREEN, UH, THAT POTENTIALLY COULD HAPPEN.

UH, TOWN CODE DOES ALLOW THAT OR REQUIRES THAT ACTUALLY, UH, FOR WHEN YOU JOIN THE R ONE DISTRICT.

SO, AND I'LL GIVE YOU THAT, THAT'S PART OF THE CODE FOR SCREENING AND THAT HAS TO BE SUITABLE.

UH, IF YOU DO PLANNINGS THE MINIMUM HEIGHT OF SIX FEET, AND THEY CAN SCREEN THAT WITH A WALL FENCE OR AN EVERGREEN HEDGE THAT'S REQUIRED.

SO THEY'RE GONNA REQUIRE HAVE TO BE REQUIRED TO DO SOMETHING HERE, BUT YOU MAY CONSIDER AS A CONDITION, SINCE THIS JOINS A SINGLE FAMILY HOUSE HERE TO DO THE FENCE HERE, UH, TO SEPARATE THE TWO USES THERE.

UH, BUT WE WILL HAVE A PUBLIC HEARING ON THAT THIS MONTH IN JANUARY.

UH, SOME OF THE POTENTIAL ADJOINING PROPERTY OWNERS MAY VOICE CONCERNS.

SO THAT'S SOMETHING, UH, WE THOUGHT MAYBE YOU MAY WANT TO CONSIDER.

THEY'RE REQUIRED TO PUT THE HEDGE UP OR A FENCE UP AT SOME POINT.

UH, YOU MAY WANT TO PLACE A CONDITION ON THAT WITH THE, UH, HEARING JANUARY AT YOUR REGULAR MEETING.

AND THE WAY THAT'S WORDED, WE CAN'T SPECIFY FENCE VERSUS HEDGE VERSUS 'CAUSE IT STATE THE WAY YOU READ IT WAS ANY OF THE ABOVE.

BUT WE CAN SPECIFY FENCE.

YES.

OKAY.

SINCE, SINCE YOU'RE LOOKING THIS DIRECTION, UM, SITE PLAN MM-HMM .

DOES THIS NOT COME UP AT THAT? IT COULD, YES.

IT WOULD COME UP AT THE SITE PLAN, I GUESS IF YOU WANNA, UH, PLACE A SPECIAL CONDITION ON THE SCREENING.

UH, FOR EXAMPLE, IF YOU WANNA DO A, A PRIVACY FENCE AS OPPOSED PART OF AS, AS OPPOSED TO TOWN CODE REQUIREMENTS, WHICH ARE GOING TO TOWN CODE REQUIRES A FENCE THERE, IT SAYS, WHICH WOULD BE ADDRESSED AT SITE PLAN, CORRECT.

RIGHT.

I, I GUESS IF YOU WANNA DO IT, BECAUSE THE TOWN CODE DOESN'T SPECIFY WHAT TYPE OF FENCE.

OKAY.

UH, SO, YOU KNOW, THEY, THEY COULD DO A, A THREE RAIL FENCE, FOR EXAMPLE, UH, WHICH WOULD BE INADEQUATE FOR THIS APPLICATION.

C LEAST WOULDN'T BE SIX FEET.

THAT'S WHERE THE EVERGREENS, THE EVERGREENS IS SIX FEET.

OKAY.

I THOUGHT EVERYTHING WAS SIX.

SO THAT, THAT'S WHAT THE QUESTION WAS.

IF YOU COULD SPECIFY, LIKE YOU SAY, PUT IT OR JUST PUT BUSHES ALONG THERE AND SAY, WELL, THE, THE FENCE HAS TO BE, YES, IT DOES SAY, UH, BY A WALL FENCE, EVERGREEN HEDGE OR OTHER SUITABLE ENCLOSURE WITH A MINIMUM HEIGHT OF SIX FEET.

SO THE FENCE WOULD HAVE TO BE SIX FEET, I GUESS YOU COULD DO A SIX FOOT RAIL FENCE.

IT WOULD MEET THE CODE .

EVERY GREEN HINGES COULDN'T BE PLANTED AT SIX FEET.

THEY'D HAVE TO GROW TO SIX FEET.

THEY WOULD, THE MINIMUM HEIGHT WHEN THEY PLANT 'EM WOULD BE SIX FEET.

OKAY.

FROM THE NURSERY TO PROVIDE A, A SCREENING RIGHT OFF THE RIGHT.

SO JUST, JUST CIRCLE BACK.

WE CAN SPECIFY THE FENCE, BUT NOT TYPE OF FENCE.

IS THAT WHAT I'M HEARING? UH, CONDITIONS? WELL, AS JOHN'S ALREADY OUTLINED, CONDITIONS ARE INTENDED TO MEET IMPACTS BECAUSE, SO, BECAUSE LIKE, IMPACT THE NEIGHBORHOOD WOULD MEAN WOULD DICTATE TO ME ANYWAY, I WOULD SEE THINGS, SOMETHING YOU CANNOT SEE THROUGH.

UM, IF, IF , IF THAT ADDRESSES, UH, THE IMPACT, UM, AGAIN, AT AT SITE PLAN STAGE, TOWN CODE REQUIRES MM-HMM .

SOMETHING.

YES.

UM,

[00:35:01]

I'M JUST A LITTLE RELUCTANT TO GET TOO FAR RIGHT NOW WITH, WITH CONDITIONS WHEN THERE HASN'T BEEN A PUBLIC HEARING YET.

NO, NO.

AS, AS I'M ALWAYS VERY, VERY HESITANT.

OKAY.

UM, WE, WE HAVE OUR PUBLIC HEARING IN TWO WEEKS.

RIGHT.

YEAH.

I GUESS JUST SOMETHING TO CONSIDER IT, THERE'S, UH, INFORMATION FROM THE PUBLIC ASKING FOR SOMETHING TO BE PUT THERE OTHER THAN WHAT TOWN CODE REQUIRES.

MM-HMM .

OKAY.

UM, SO ESSENTIALLY, UH, AGAIN, SPECIAL USE PERMIT, VERY SIMILAR TO SOMETHING YOU DID ON ER ROAD, SIMILAR IN, IN EFFECT, IT'S A SPECIAL USE FOR, FOR APARTMENTS, BUT TOTALLY DIFFERENT ON THE LOCATION AND EVERYTHING ELSE.

UH, AND AGAIN, UH, WE ALSO, WE ALREADY HAVE APARTMENTS IN THIS SECTION OF RURAL LANE IN THE C ONE R ONE HERE, SINGLE FAMILY.

AND THIS IS AT THE END OF RURAL LANE, UM, WHERE IT'S LOCATED THAT, UH, YOU WOULD'VE TO DETERMINE IF IT'S APPROPRIATE FOR THIS USE TO GO, THERE WAS A SPECIAL USE PERMIT.

NOW, BACK IN THE ORIGINAL INCARNATION OF THIS IDEA, THIS WAS PRESENTED TO THE PLANNING COMMISSION AT THE TIME, 20 18 19, WHENEVER IT WAS, UM, AS WORKFORCE HOUSING, WHATEVER THAT MEANS.

IS THAT CONNOTATION THAT LANGUAGE BEING USED WITH ANYTHING THAT THEY HAVE COMMUNICATED WITH US NOW, UH, LET'S SEE HERE.

IN THEIR APPLICATION, THEY JUST SAY THREE 12 UNIT APARTMENT BUILDINGS AND AN OFFICE.

UH, THEY DO SAY ON THEIR IMPACT ANALYSIS, ANALYSIS, ANALYSIS STATEMENT, EXCUSE ME.

THE DEVELOPMENT IS PROPOSED TO PROVIDE NEEDED WORKFORCE HOUSING IN THE AREA.

AND IS THAT A LEGAL TERM OF ANY MEANING, MR. GEORGE? I DO NOT THINK SO.

NOT IN, OKAY.

NOT IN CONTEXT OF A SPECIAL USE PERMIT.

OKAY.

OKAY.

SO THEY COULD BUILD IT, CALLING IT WAKE WORK WORKFORCE HOUSING TO GET IT THROUGH APPROVALS AND THEN EITHER BUILD A LUXURY HIGH END DEPARTMENT OR SECTION EIGHT HOUSING, THEY HAVE THE TOTAL FREEDOM TO DO EITHER ONCE WE GIVE THEM THE PERMISSION TO BUILD IT.

CORRECT.

UM, YEAH, THE, THE, THIS CAME UP WITH THE, THE PRIOR A APARTMENT, UH, SUP MM-HMM.

UM, WHAT IS NOT ALLOWED CERTAINLY AT COUNCIL LEVEL IS TO MAKE A DETERMINATION BASED ON WHAT THE RENTS ARE GONNA BE.

RIGHT.

RIGHT.

THAT, THAT, THAT SHOULD NOT BE A FACTOR.

RIGHT.

RIGHT.

THEY CAN'T SAY THAT TIME THAT'S EXPRESSLY, UH, PROHIBITED ON BASED, UH, ON STATE LAW.

RIGHT.

RIGHT.

SO YOU JUST, IF, IF THAT'S ANSWERING YOUR QUESTION YEAH, YEAH, THAT DOES ANSWER THE QUESTION.

SO JUST BASICALLY, I MEAN, IF WE COMPRISE EVERYTHING DOWN, IS THIS USE APPROPRIATE? RIGHT.

RIGHT.

UH, SO DETERMINE THAT FIRST THEN IF, IF IT IS, THEN DO YOU WANT TO CONSIDER CONDITIONS ON IT BY THE IMPACT OF THAT SPECIAL USE? JUST REMEMBER IT HAS THE POTENTIAL FOR IMPACT.

YEAH.

AND I JUST, I'M JUST REMEMBERING SOME OF THE PUBLIC COMMENTS, THE PREVIOUS ROUNDS ON THIS.

SO THE APPLICANT CAN VOLUNTEER ANYTHING ALONG THESE LINES.

IT'S JUST, IT'S JUST THE DECISION MAKER CANNOT, I CANNOT, UM, CONSIDER THAT AS PART OF THE DECISION.

RIGHT.

IF THAT MAKES SENSE.

YEAH, IT DOES MAKE SENSE.

AND WHAT THE APPLICANT VOLUNTEERS IS NOT BINDING.

CORRECT.

OKAY.

THAT'S WHAT I THOUGHT.

JUST WANTED TO GET THAT UP THERE.

THANK YOU.

UM, DO YOU HAVE ANY QUESTIONS ABOUT THIS PROJECT? YES.

WE'RE BACK TO THE SAFETY POND AGAIN, BUT HOW, HOW, HOW TO ADDRESS THE WORDING OF THAT, BUT THAT, THAT I, WHAT I'M HEARING IS YOU WANNA WAIT TILL THE PUBLIC HEARING TO DESCRIBE THOSE CONDITIONS.

YEAH, THEY'RE GONNA PUT A STORM WATER MANAGEMENT, UH, SOME TYPE OF SYSTEM HERE.

UH, LOOKS LIKE A POND.

YEAH.

THAT'S, THAT'S AN OPEN, OPEN PIT TYPE THING.

UH, RIGHT.

OKAY.

AND WHICH WILL BE VISIBLE AND NOT MY, MY CONCERN IS THAT THE COMMISSION COME TO SOME SORT OF CONSENSUS IN A WORK SESSION ABOUT WHAT CONDITIONS? NO, NO, NO.

I, I'M NOT GONNA SAY ANYTHING MORE ABOUT CONDITIONS, JUST, I MEAN, IT'S OKAY FOR ME TO OKAY.

BUT FOR THE SAKE OF DISCUSSION, HOW, HOW CAN WORD THAT CAN, UM, HOW THOSE SORTS OF THINGS WILL COME OUT AND WHAT CAN AND CAN'T BE SPECIFIED TO AND HOW MUCH LEEWAY

[00:40:01]

TO GIVE TO THE PEOPLE DOING THE CONSTRUCTION.

UH, YOU COULD SAY, YOU COULD TELL 'EM TO OBSCURE IT, NOT TELL 'EM HOW TO OBSCURE, DO ALONG THOSE, OR YOU COULD TELL OBSCURE, OBSCURE IT WITH A WALL OR OBSCURE WITH, YOU KNOW, AGAIN.

SO WHAT, WHAT ARE THE GUIDELINES THERE TO WHAT CAN AND CAN'T BE DONE? WELL, WELL, JOHN WENT THROUGH THE GUIDELINES TO YEAH.

TO, UM, WE, I SHOULD SAY THAT I HAVEN'T MET WITH OKAY.

PLANNING STAFF ON THIS PARTICULAR APPLICATION JUST DIDN'T HAPPEN.

UM, ALL, ALL WE'RE DOING HERE IS JUST GIVING THE HEADS UP OF THINGS THAT COULD COME UP, I THINK.

YEAH.

OKAY.

THANKS TO, THANKS TO SOME PRIOR WARNING .

OKAY.

THANK YOU, JOHN.

NEEDLESS TO SAY, THE MORE, UM, MORE, UM, ARTFULLY CRAFTED THE CONDITIONS, THE BETTER.

THE BETTER.

YEAH.

OKAY.

, I UNDERSTAND.

YEAH.

OUR, UH, AGAIN, I THINK AS FAR AS THE PLANNING, UH, END OF IT, BUT WE WOULD LIKE TO SEE THAT AREA OF ROAD LANES STRIPED WITH APPROPRIATE TURN LANES FOR SAFETY.

THAT'S WHAT WE WOULD, UH, UH, FOR THAT YOU, YOU, YOU NOT DESIGNATE HOW THE TRAFFIC TURNS IN AND OUT OF THERE.

AND WE ALSO, EVEN IN THE PICTURE PROVIDED BY THE CLIENT, YOU SEE CARS PARKED ON THE SIDE OF THE ROAD THERE.

UM, SO THAT MAY BE IN THE TURN LANE.

PICTURE MAY BE A LITTLE DECEIVING OR NOT, BUT CONSIDERING THE TRAFFIC AT THAT PARTICULAR LOCATION, IT'S REALLY KIND OF SURPRISING THAT HASN'T BEEN STRIPED BEFORE.

RIGHT.

UH, ANY QUESTIONS FOR THIS PROJECT? PROBABLY GOOD TO GO.

BASICALLY, UH, IS THE USE APPROPRIATE, IF IT COMES DOWN TO THE BOTTOM LINE, IS THE USE APPROPRIATE FOR THAT LOCATION? AND MOVING ON TO RE ZONING APPLICATION, UH, FOR WESTBURG ROAD, MR. WE, OKAY, NOW I'M GONE TO THE THIRD PART OF OLD WESTBURG ROAD.

UH, SO NOW, UH, PERMIT 24 0 0 6 87, THAT'S A REZONING APPLICATION.

UH, AMEND THE ZONING MAP TO REQUEST I ADDRESS AS 10 30 44, 52 60, AND A VACANT LOT ON WEST ROSEBURG ROAD.

IT IS IN, UH, FROM C ONE.

UH, YOU, UH, CAN RECALL THIS PROJECT OR THIS AREA FROM C ONE COMMUNITY BUSINESS TO R THREE RESIDENTIAL DISTRICT.

UH, IF YOU'RE FAMILIAR WITH THAT PROJECT, UH, WE'VE HAD A REZONING PREVIOUSLY ON THIS LOT HERE THAT THE PLANNING COMMISSION, UH, VOICED APPROVAL AND TOWN COUNCIL DID APPROVED FOR REZONING.

UH, IN DECEMBER, UH, YOU DID A TEXT AMENDMENT OR APPROVED A TEXT AMENDMENT FORWARD TO TOWN COUNCIL TO AMEND THE COMPREHENSIVE PLAN FOR THIS AREA OF WEST STRASSBURG ROAD.

UH, SO WHAT'S BEFORE YOU, UH, WITH THIS WORK SESSION GOING INTO THE JANUARY MEETING IS TO REZONE THOSE LOTS THERE THAT HAVE BEEN HIGHLIGHTED FROM C ONE TO R THREE.

UM, UH, SO WE, WE TALKED ABOUT THIS TYPE, THIS AREA, UH, NUMEROUS OCCASIONS OVER THE LAST SEVERAL MONTHS.

UH, SO, UH, THEY ARE ASKING FOR A REZONING AS AGAIN HIGHLIGHTED OF THE LOTS.

THEY'RE ASKING FOR THAT 10 ADDRESS.

NUMBER 10, THE VACANT LOT, 30, 40, UH, 50.

THIS ONE'S ALREADY BEEN REZONED 52 AND 60.

THEY'RE ASKING THAT TO BE REZONED AGAIN FROM C ONE TO R THREE.

UH, THEY DID NOT OFFER ANY PROPERS WITH THIS REZONING TO KEEP THAT IN MIND.

UH, THERE'S THE LOT LAYOUT OR THE LOTS THAT ARE CURRENTLY THERE.

UH, THAT'S THE LOTS.

THEY'RE ASKING TO BE REZONED AND, UH, THEIR PROPOSAL, WHAT'S GONNA BE THERE.

THEY'RE GOING TO ADD, UH, THREE BLOCKS OF EIGHT ROWS OF TOWN HOMES.

SO A TOTAL OF 24, UH, TOWN HOMES THAT DIVIDED IN 3, 3 8 BLOCKS SECTIONS.

UH, THAT'S WHAT THEY'RE PROPOSING TO DO THERE.

AND AGAIN, THEY DID NOT OFFER PROPERS.

WAS THERE ANY CONCERN ABOUT NOT PROPERS NOT BEING OFFERED FOR? IS THERE ANY RUMBLINGS OUT THERE ABOUT OH, OH MY GOODNESS, OF COURSE THIS IS A SMALL, REALLY WILL BE AS HOW MANY PEOPLE WE ACTUALLY TALKING ABOUT WHEN WE ALL SAY DONE ROUGHLY 50.

WELL, THE ROAD ALREADY HAS A CURB AND GUTTER AND SIDEWALKS AND THEY'RE EXISTING.

UM, I,

[00:45:01]

I GUESS THE BIGGEST THING PROBABLY BE SCHOOLS, UH, LET ME JUMP IN AND JUST POINT OUT THAT THE PROPERTIES ARE VOLUNTARY.

YES.

CANNOT BE DEMANDED MM-HMM .

UM, AND THE COUNTY DOES THE SCHOOL, SO THAT'S NOT, UM, BUT THIS IS, UM, COUNTY REVIEWS THIS CORRECT, JOHN MM-HMM .

AND DID THE COUNTY OFFER ANY IMPACT? UH, NOT THAT I'M AWARE OF AT THIS POINT, NO.

THAT'S A LITTLE BIT ON, ON THE, UH, THE DIFFERENCE BETWEEN PROFFERS.

OKAY.

AND SPECIAL USES, YOU KNOW, PROFFERS ARE DESIGNED TO REDUCE THE IMPACT OF PUBLIC INFRASTRUCTURE, UH, AND ONLY VOLUNTEER BY THE APPLICANT OR THE OWNER.

THAT'S THE DIFFERENCE BETWEEN THE PROPER ON THE REZONING.

YOU HAVE TWO OF THOSE, YOU HAVE A PROPER WITH A REZONING AND A SPECIAL USE PERMIT WHERE YOU CAN PLACE CONDITIONS ON.

SO THEY DID NOT, UH, OFFER ANY PROPER JUST THE, THAT'S JUST THE WAY IT IS.

OKAY.

YEAH.

OKAY.

IF I MAY ALSO CONFIRM, THIS IS NOW, UH, A REZONING IS NOW CONSISTENT WITH THE CONFLICT WITH, WITH, WITH THE RECOMMENDATIONS WE HAVE MADE TO THE TOWN COUNCIL TO CHANGE THE COMPLEX.

YES.

OKAY.

SORRY.

YOU'RE RIGHT.

WE'LL, WE'LL BE, YEAH.

IF, IF THAT GOES TO WORK SESSION THIS MONDAY WITH TOWN COUNCIL WITH TOWN COUNCIL THIS MONDAY, YES.

MM-HMM .

SO THE FIRST TIME THEY COULD VOTE ON IT WOULD BE WHEN? 27TH.

27TH.

OKAY.

ANY OTHER QUESTIONS? WONDERS, MAS, .

OKAY.

DOES THIS REQUIRE A PUBLIC HEARING? HONESTLY, UH, IT'S A REZONING, THE SPECIAL USE PERMIT FOR DEPARTMENTS, THAT'S A PUBLIC HEARING.

THE PRELIMINARY PLAN IS NOT PART OF THE, IT'S NOT REQUIRED FOR A PUBLIC HEARING, BUT IT DOES REQUIRE APPROVAL FROM THE PLANNING COMMISSION, NOT TOWN COUNCIL.

SO, BUT THAT'LL COME TO US, THAT'LL COME HERE THE JANUARY MEETING.

UH, SO THE PLANNING COMMISSION WILL, IF YOU GRANT APPROVAL OR DENIAL, UH, STOPS WITH THE PLANNING COMMISSION AT THIS POINT.

SO IF YOU APPROVE IT, WE'LL GET SIGNATURES ON IT.

AND THAT BASICALLY GIVES THEM THE FIRST STEP, SAYS THE NEXT STEP, PRELIMINARY.

IT LOOKS GOOD.

BASICALLY, IF YOU WANNA THINK OF IT THAT WAY, THE NEXT STEP IS TO SUBDIVIDE THE LOTS.

AND AFTER THE LOTS ARE LOTS ARE SUBDIVIDED, WHICH THAT REQUIRES PLANNING, COMMISSION APPROVAL, AND TOWN COUNCIL APPROVAL FOR THE PLATS, THEN DECIDE DEVELOPMENTS.

SO THIS WILL COME TO US AGAIN WHEN THEY SUBDIVIDE THE LOT YES.

FOR THE SUBDIVISION PLAT.

OKAY.

AND AT THAT POINT, WILL THEY USUALLY PROBABLY MAYBE HAVE DONE A TRAFFIC IMPACT STUDY? IS THAT THE POINT AT WHICH THAT MIGHT BECOME, UH, THE TRAFFIC IMPACT WOULD BE ON, UH, SITE DEVELOPMENT.

OKAY.

OKAY.

SO THAT'S THE NEXT STEP AFTER THE SUBDIVISION.

BO WOULD WEIGH IN ON THAT.

UH, WITH THAT, UH, PROBABLY IT WOULD NOT BE WARRANTED BECAUSE THERE'S ONLY GONNA BE EIGHT LOTS WITH 16 UNITS THERE.

SO THE TRAFFIC GENERATED TRAFFIC IMPACT ANALYSIS ONLY NEEDED OVER A THOUSAND.

SOMETIMES.

LIKE THE ONE ON WEST CRO ROAD, THEY OFFERED THAT BECAUSE THERE WAS SOME CONCERNS.

BUT WITH 16 UNITS GENERATING TRAFFIC, YOU'RE NOT AT THAT.

RIGHT.

AND THEY HAVE TO LOOK, SOMETIMES THEY HAD LOOK ON POTENTIAL OTHER DEVELOPMENT IN THE AREA.

DOES THIS BRING OTHER DEVELOPMENTS? BUT THE, FOR, UH, FOREST HILL DRIVE THERE, WEST STRASBURG ROAD, UM, YOU KNOW, YOU HAVE 16 UNITS THERE.

YEAH.

OKAY.

OKAY.

OKAY.

OKAY.

OKAY.

YOU, UH, ALL RIGHT.

OKAY.

UH, I THINK THAT TAKES US THROUGH THE, UH, THREE ITEMS. UH, THE WORK, THE WORK BUSINESS ITEMS WHERE THE WORK, YES.

THEN WE HAVE THE NEXT PART OF THE, UH, WHICH MR. NEIL HAS PRESENTS AS HIS BOX SLIDES.

I'M NOT GONNA GO THROUGH THE SLIDES PER SE, BUT TAKE COPIES OF THE SLIDES.

I DO HAVE 'EM UP THERE IF YOU WANT, THOUGH.

OH, OKAY.

WE'D BE HERE FOR TWO HOURS IF WE WENT THROUGH, THROUGH THE SLIDES, I DON'T THINK, BUT WHAT IT, IT'S INTENDED AS KIND OF A PRIMER CURRENTLY, OUR, OUR, UH, ZONING ORDINANCE CODES, WE DON'T HAVE ANYTHING THAT ADDRESSES EITHER SOLAR FARMS OR DATA CENTERS AND WHAT KIND OF CONSTRUCTION, UH, STANDARDS WOULD HAVE TO BE MET IN ORDER INTO THE ZONING.

SO WHAT THIS CHART IS, IT'S KIND OF AN INTRODUCTION TO BOTH OF THOSE THINGS

[00:50:01]

AND, AND, AND, UH, A BIT, UM, WHAT, UH, WHAT THE TYPE OF, UH, CODE TO BE WRITTEN WOULD, WOULD LOOK LIKE.

UH, BUT WHAT WE NEED RIGHT NOW IS, UH, UH, AS I UNDERSTAND IT IS, IS TO ASK THE, UH, GET A CONSENSUS OF US TO ASK THE PLANNING, UM, YOU KNOW, ZONING FOLKS TO GO OFF AND STUDY THIS AND START TO WORK ON PUTTING THAT, TO INCORPORATE IT, IT INTO THE DOCUMENTS IN REVISION RIGHT NOW.

AND I'M JUST, UH, AND AS FAR AS ANY OF THE DETAILS IN THERE, I'LL BE MORE THAN HAPPY TO TALK ABOUT ANY OF THAT, GET A CHANCE TO READ IT OR, AND OR SECTION.

BUT, UM, BECAUSE OF THE, THE ADVANTAGE OF DOING THIS NOW IS, OR DOING IT IN GENERAL IS IT'S ALL ECONOMIC.

IT'S PLUS LOOKING AHEAD.

SO WE'RE PREPARED IF IT OCCURS, AND IT'S A GOOD SOURCE OF, UM, INCOME FOR THE TOWN IF THEY COME IN AND IF THEY'RE DONE CORRECTLY AND IN USED IN THE APPROPRIATE PLACES.

SOME OF THE DISCUSSION WE HAD AND WAS SEEN AROUND IS, UM, LIKE THE SUPERFUND SITE WOULD BE AN, UH, POTENTIAL EXCELLENT POINT FOR THESE SORTS OF, SORTS OF THINGS WHERE IT'S NOT VIOLATING THE ALL THE GROUND TERMINALS, BUT IT DOES GENERATE INCOME AND, AND, AND JOBS THAT GO ASSOCIATED WITH IT.

SO THEY CAN'T DO ANYTHING.

IF PEOPLE COME TO TOWN AND WANT TO BILL SOMETHING AND WE CAN'T ADDRESS IT IN OUR ZONING, THEN IT'S JUST CHAOS.

SO WHAT, UM, BUT I GUESS, UH, IT'S, IF WE AGREE TO ASK OUR ZONING FOLKS IF THEY START WORKING ON THAT, WHERE DO WE STAND? I KNOW LAUREN'S ON HERE, BUT WHERE DO WE STAND ON WORKING OUR WAY THROUGH THE ORDINANCE REVIEW? I THINK WE ONLY GOT THROUGH SECTION THREE THAT I RECALL.

AND DID WE GET THROUGH SECTION FOUR? I THINK JUST THREE.

I THOUGHT I WAS JUST FOUR IS THE NEXT, HOW MANY WE, WE PROBABLY DO HAVE SOME PRESSING ISSUES, UH, THAT PROBABLY NEED TO BE LOOKED AT PRIOR TO, UH, TRYING TO COMPLETE THE WHOLE PART OF THE ZONING REWRITE.

UM, IT DOES SEEM LIKE, UH, LACK OF A BETTER TERM, PROBABLY TIME IS OF THE ESSENCE.

UH, BASED ON, UH, 2024, UH, OUR NUMBERS OF, UH, PERMITS ISSUED FOR HOUSING INCREASE SUBSTANTIALLY.

UH, I THINK WE WAS RUNNING THE AVERAGE AROUND, UH, 30 OR 32 SINGLE FAMILY OR RESIDENTIAL UNITS PER YEAR.

I THINK THIS YEAR WE'RE CLOSE TO 57, 58, UH, WITH THE REZONING, UH, THAT WAS APPROVED ON, UH, FOR RAPPA HANOCK, UH, OFF OF HEAVY CREEK ROAD, UH, FOR THOSE, UH, POTENTIALLY 104 HOMES THERE.

UM, UH, YOU APPROVED, UH, THE SQUIRREL HILL PLAT FOR, UH, SUBDIVISION PLAT WAS APPROVED BY THE PLANNING COMMISSION IN DECEMBER.

THAT IS TOWN COUNCIL IN THIS MONTH.

AND WE HAVE THIS SUBDIVISION HERE COMING FORTH.

AND WE HAVE ANOTHER ONE COMING FROM A PRELIMINARY PLAN THAT YOU'LL HEAR IN FEBRUARY.

UM, SO THEY ARE FUTURE PROJECTS OUT THERE THAT ARE GOING TO DEMAND, UH, MORE TIME ON STAFF AND THE PLANNING COMMISSION FOR IF THESE THINGS COME FORTH.

UH, SOMETHING YOU MAY WANT TO CONSIDER IN THE MEANTIME IS, UH, A FEE SCHEDULE CHANGE THAT'S PART OF OUR CODE FOR THE PERMITS WE TAKE IN.

UM, I THINK THAT WOULD BE IN THE BEST INTEREST OF ALL INVOLVED PLANNING COMMISSION AND TOWN COUNCIL TO TAKE UP A FEE, UM, TO LOOK AT THE FEES THAT WE CHARGE AS FAR AS PERMITS PART OF PLANNING AND ZONING.

UM, SO IF WE DON'T LOOK AT THAT NOW AND TRY TO REVAMP THE WHOLE ORDINANCE, UH, PROBABLY DEVELOPMENT WILL COME AND WE'LL BE KIND OF CAUGHT IN BETWEEN, UH, WITH PROJECTS.

UH, I, I, MY OPINION IS THAT, UH, THE FEE SCHEDULE WOULD PROBABLY BE A PRESSING ISSUE.

UH, IF YOU BELIEVE THAT THESE TWO MATTERS NEED TO BE ADDRESSED, UH, JUST BECAUSE THE POTENTIAL OF DEVELOPMENT COMING TO THE AREA, UH, WE COULD DO THAT.

UM, IT DOES SEEM LIKE, UH, UH, YOU KNOW, DATA CENTERS IS HAVE HAPPENED, UH, THOSE COUNTIES EAST OF US, UM, AND ALSO FOR THE SOLAR FARMS OR UH, IN OTHER AREAS, ALSO IN RURAL AREAS.

UH, WE DON'T MENTION THOSE IN THE CODE.

[00:55:01]

UH, BUT, YOU KNOW, UH, I THINK WITH DEVELOPMENT HAPPENED, DATA CENTERS ARE POPPING UP IN THOSE COUNTIES EAST OF US.

THAT LAND THAT WAS PROBABLY SET ASIDE SOME YEARS AGO FOR HOUSING NOW HAS BEEN PUT IN THE DATA CENTERS.

SO NOW WE'RE SEEING THE MOVEMENT TO OUR AREA.

FREDERICK COUNTY, WINCHESTER, STEPHEN CITY, MIDDLETOWN, STRASSBURG, ARE ALL FEELING THE EFFECTS OF HOUSING.

UH, WITH THAT PROBABLY AFTER 2020 FROM COVID, PEOPLE NOW CAN WORK FROM HOME A LOT MORE THAN IN THE PAST.

SO WE ARE SEEING AN INFLUX IN ALL OF THESE LOCALITIES HERE IN THE VALLEY ARE SEEING AN INFLUX FOR HOUSING NEEDS.

UM, AND, UH, WE CAN SEE THAT ON THE PERMITS WE'VE ISSUED.

UH, SO, UM, MY BELIEF IS PROBABLY THE FEE SCHEDULE IS SOMETHING WE WOULD NEED TO TACKLE IN SHORT ORDER.

LOOK AT THOSE.

IF YOU WANT US TO LOOK AT, UH, THE DATA CENTERS AND THE SOLARS, UH, PART OF IT, UH, WE CAN, BUT THE HIGH PRIORITY IS TO GET THE FEE SCHEDULES TO, TO GET READY FOR THIS.

THAT WOULD BE MY RECOMMENDATION.

THAT WOULD BE MY RECOMMENDATION.

AND THAT, THAT MAKES SENSE.

DEFINITELY THE PRIORITY ORDER.

HOW DO WE INITIATE THAT TO START THE BALL ROLLING IN THAT REGARD FOR THAT AND FOR REVIEW OF TOWN COUNCIL? IS THAT SOMETHING WE PUT TOGETHER A PACKAGE FOR OR IS THAT SOMETHING UM, YEAH, WE COULD, WE COULD TALK IT OVER WITH THE DIRECTOR AND WE COULD, UH, PUT OUT A LETTER TO TOWN COUNCIL ASKING THAT WE'RE, UH, YOU WOULD LIKE TO REVIEW THE, THE FEE SCHEDULE THAT WE CURRENTLY HAVE.

AND IF THEY GIVE US A, WE COULD DO THAT AT OUR NEXT MEETING.

UH, YEAH, WE COULD PROBABLY, IF THEY, IF YOU PUT THAT OUT THE NEXT MEETING AND THEY SAY, YEAH, UM, WE COULD PROBABLY LOOK AT IT IN FEBRUARY OR START LOOKING AT IT BY FEBRUARY SO WE CAN, WE CAN DISCUSS IT FOR THE FIRST TIME IN OUR MEETING IN TWO WEEKS.

YES.

TO ASK TOWN COUNCIL, UH, TO THAT YOU'D LIKE TO REVIEW THAT.

OKAY.

THE FEE SCHEDULE.

AND AS FAR AS THE TIMING OF THIS, AT LEAST MY PERSONAL OPINION, IF YOU GUYS AGREE, IT NEEDS TO BE AS PART OF THE CODE, BUT I DON'T THINK IT HAS A PRIORITY OVER THE OTHER PARTS OF THE CODE AS FAR AS THE UPDATE GOES.

SO IT'S JUST IN DUE COURSE OF DEVELOPMENT, THE SOLAR AND THE DATA CENTERS YOU'RE ASKING, UM, NOW I SAY THAT, AND OF COURSE TOMORROW IS SOMEONE COME IN WITH A, WANTING TO BUILD A SOLAR FARM ON SOMETHING YOU DON'T KNOW ON THE TIME.

AND ON MOST THINGS WE HAVE, UM, SOME EXISTING CODE OUT THERE.

IT MAY NEED SOME UPDATED, BUT WE HAVE EXISTING CODE ON THOSE, WE HAVE NOTHING.

SO HOW, HOW DO YOU, UM, BALANCE THAT ON WHAT MIGHT HAPPEN? OF COURSE.

SO I BELIEVE IT NEEDS TO BE IN THERE, BUT WHICH IS, UH, SET PRIORITIES, UM, THAT'S A LITTLE MORE DIFFICULT.

RIGHT.

'CAUSE WE CAN'T PREDICT THE FUTURE.

CAN'T PREDICT THE FUTURE.

SO IN THE, IN THE, UM, UH, BUT WE CAN PREDICT THE FUTURE IN TERMS OF THE NUMBER OF NEW HOUSING APPLICATIONS.

YES.

AND ALL OF THOSE FEES, THOSE SORT OF FEES, THAT MONEY, MONEY BEING LEFT ON THE TABLE.

SO THAT'S, WE CHARGED A LITTLE, BUT I GUESS, DO YOU GUYS AGREE THAT IT SHOULD BE IN THE CODE AT SOME POINT? AT SOME POINT, YES.

BY LISTENING TO WHAT MR. WARE IS SAYING, I THINK THAT THAT'S A MORE PRESSING ISSUE AS FAR AS THE DESCHEDULE CHANGE.

OH, ABSOLUTELY.

SO NO, IT JUST PUT IT IN, PUT IT IN THE QUEUE ALONG WITH THE, THE REST OF, OF THE WORK IS ALL I'M ASKING AT THIS POINT.

WE DO STILL HAVE A CONSULTANT YES, YES OR NO, UH, ON THE ZONE ON THE REWRITE MM-HMM .

I BELIEVE THAT CONTRACT PROBABLY EXPIRED, I THINK.

OKAY.

I THINK MM-HMM .

YEAH.

I THINK PUT IT IN THE QUEUE AND, AND DEAL WITH SOME MORE KIND OF URGENTLY.

I, I DON'T KNOW WHAT THE, UM, WHAT PEOPLE HAVE DONE IN THE PAST, BUT I THINK, UM, HELPING DRAFT SUCH THINGS ARE CERTAINLY WITHIN CAPABILITY TOO.

INSTEAD OF JUST SAYING, YOU NEED TO GO DO IT, WE HAVE .

RIGHT.

AND WELL, I THINK THE ONE THING THAT LOOKED, UH, ESPECIALLY SOLAR FARMS THAT HAVE PUMPED UP IN THE LAST COUPLE YEARS, YOU HAD OTHER LOCALITIES HAD TO DEAL WITH THIS.

YEAH.

THIS IS, UH, MOSTLY THOSE ARE IN THE RURAL AREAS MOST OF THE TIME THAT WE HERE ON OUR, OUR, FROM OUR ZONING COLLEAGUES.

UH, SO WE COULD REACH OUT TO THEM, UH, TO SEE WHAT HAS WORKED AND WHAT HASN'T WORKED.

RIGHT.

UH, FOR LACK OF A BETTER TERM, YOU KNOW, UM, THEY'RE DEALING, YOU KNOW, THE SOLAR FARMS FOR EXAMPLE, ARE, YOU DEAL WITH THE SAME TYPE OF ISSUES, BUT UH, YOU CAN LEARN FROM OTHER LOCALITIES WHAT WENT RIGHT AND WHAT DID NOT GO RIGHT ON, ON THEIR TYPE OF, UH, APPLICATIONS.

SO WE DO HAVE THAT RESOURCES.

UM, AND WE DO MEET, I'D HAVE TO LOOK ON THE CALENDAR.

I THINK MY MEMORY'S PROBABLY NOT, I THINK AROUND THE 20TH WE DO HAVE A VASO MEETING, UH, AND WE CAN REACH OUT TO OUR COLLEAGUES AT THAT TIME.

WE DO QUARTERLY MEETINGS ON PRESSING ISSUES.

SO WE COULD BRING THAT UP AT THAT TIME IF WE CAN, UH, TO REACH OUT TO OTHER FOLKS ABOUT THAT.

AND, AND A LOT OF IT, ALL THIS SAYING THIS AND JUST JUDGING BY

[01:00:01]

FEEDBACK, PUSHBACK, SO TO SPEAK, A LOT OF THIS IS EDUCATION TOO.

UH, FOR, FOR THE, NOT ONLY FOR OURSELVES, BUT FOR THE TOWN COUNCIL AND OTHERS TO WHAT DOES IT REALLY MEAN TO DO THIS SORT OF THING AND WHAT, UM, HOW TO DO IT CORRECTLY AS OPPOSED TO JUST FEAR MONGERING AS, AS WE WENT TO THE, UM, ONE, UM, DATA CENTER MEETING THAT THE COUNTY PROVIDED AND UM, AND THERE THERE WAS SOME PEOPLE WHO WERE PASSIONATELY UPSET ABOUT EVEN THE CONCEPT OF IT MM-HMM .

BUT SOME OF THE FOLKS CLEARLY HAD NO IDEA WHAT THEY WERE TALKING ABOUT.

RIGHT.

AND IT WAS, IT WAS, IT WAS A VERY VALUABLE EDUCATIONAL EXPERIENCE BECAUSE PEOPLE IN THE PAST DIDN REALIZE THAT THEY, THEY WERE MIS, YOU KNOW, MISDIRECTING THEIR ENERGY.

SO ANYWAY, IT, IT IS PART OF THE EDUCATION PROCESS.

MM-HMM .

THAT, THAT'S ALRIGHT.

UM, OKAY, WELL THANK YOU FOR THE, THIS INFORMATION.

AND I THINK WE'VE, WE'VE PUT IT IN THE QUEUE.

OKAY.

UM, AND I'LL SHUT UP NO MORE.

BUSTER, WE'VE GOT IT IN THE QUEUE.

WHAT WE WILL PRIORITIZE IS GETTING ONTO OUR AGENDA FOR OUR MEETING, THE FEE SCHEDULE THING.

NOW WE, UM, UH, WE NEED A LITTLE BIT MORE DATA ON THAT, THAT WE CAN PRESENT IN OUR MEETING AND DISCUSS, BUT IF WE CAN GET THAT, THEN WE CAN MOVE AHEAD AND GET THAT BECAUSE, AND YOU HAVE TWO APPLICATIONS FOR FEBRUARY.

UH, A PRELIMINARY PLAN IF, UH, THEY SUBMITTED BY THE DEADLINE, NOW WE HAVE TO REVIEW THOSE.

UH, THEY WOULD HAVE TO ADDRESS THE COMMENTS, BUT THEY'VE ALREADY HAD TO PAY THEIR MINIMAL FEE.

YEAH.

THEY, THEY SUBMITTED PAYMENT, UM, OKAY.

TUESDAY, IF I REMEMBER RIGHT.

SO THEY MEET THE DEADLINE FOR THE FEBRUARY APPLICATION.

WE WILL, SO WE'LL DO CONSENT TO ADVERTISE AT THE JANUARY MEETING, UH, AND THEY'LL GO TO WORK SESSION FEBRUARY PUBLIC HEARING.

THEY DON'T, UH, THE PRELIMINARY PLAN DOESN'T HAVE TO DO THE, UH, NO.

YEAH.

BUT THEY WOULD, THEY WOULD HAVE TO ADDRESS THE .

UM, NOW THAT'S WHETHER THEY CAN GET THE ADDRESS COMMENTS ADDRESSED.

WE CAN MAKE THE COMMENTS, GET THEM ADDRESSED.

THEY SATISFIES ALL THE COMMENTS AND THAT GOES TO THE WORK SESSION.

RIGHT.

OR THERE ARE A FEW COMMENTS MAYBE AT THE WORK SESSION THAT THEY, YOU KNOW, SO IT'S POSSIBLY COMING IN FEBRUARY, , RIGHT.

WE HAVE THAT IN AND WE HAVE ANOTHER ONE, UH, THAT'S PRELIMINARY PLAN.

AND WE ALSO HAVE AN AMENDMENT, UM, TO AN ALREADY APPROVED, UH, SUBDIVISION PLAN, SITE DEVELOPMENT PLAN.

UH, SO THAT WILL BE COMING IN FEBRUARY FOR THAT.

OKAY.

AND WHAT IS THE PROCEDURE TO RAISE FEES? WHAT, WHAT HOOPS HAVE TO BE JUMPED THROUGH IN ORDER TO RAISE FEES? UH, IS THAT A DECISION THAT THE PLANNING AND ZONING OFFICE CAN MAKE? OR DOES THE TOWN COUNCIL MAKE THAT OFFICE? OR HOW DOES THAT WELL, IF IT'S IN THE ZONING ORDINANCE, I THINK PLANNING COMMISSION CAN INITIATE.

YOU WOULD HAVE TO INITIATE US AND TAKE UP, WE INITIATE IT, BUT STAFF CAN MAKE THE DECISION.

IT DOESN'T, WE CAN DO THE RESEARCH, WE CAN DO THE RESEARCH, BUT THEN PLANNING COMMISSION WOULD HAVE TO RECOMMEND THAT TO TOWN COUNCIL.

AND TOWN COUNCIL WOULD DO THE FINAL VOTE.

OKAY.

SO, OKAY.

SO IT JUST, OUR FEES HAVEN'T CHANGED IN SEVERAL YEARS.

SO, SO IF WE HAVE, IF, IF, IF, IF Y'ALL CAN GET YOU, Y'ALL BEING STAFFED CAN GET US THE DATA ON WHAT WE CHARGE, WHAT SURROUNDING AREAS WE CAN, WE CAN PROBABLY PULL THOSE NUMBERS AND, AND WHAT AND WHAT IT COSTS US TO PROCESS ALL OF THESE THINGS BECAUSE WE NEED TO KNOW WHAT, YOU KNOW, HOW MUCH MONEY WE'RE LEAVING ON THE TABLE BY CHARGING SUCH VERY NICE SMALL TOWN COMFORTABLE FEES, WHICH ARE VERY NICE AND SMALL TOWN, BUT MAYBE WE'RE NOT, MAYBE WE'RE LEAVING MONEY ON THE TABLE BY NOT RAISING OUR FEES AND WE NEED TO HAVE NUMBERS TO SUPPORT THAT.

AND, AND PART OF THE INTENT THERE TOO IS ZERO SUM GAIN.

ARE WE TRYING TO NEUTRALIZE TO COVER EXACTLY.

OR ARE WE ALLOWING A LITTLE MORE TO, FOR SOME OTHER, OTHER PURPOSE FOR SOME SORT OF EXPANSION.

BUT WHATEVER THE GUIDELINES, WELL, WE CERTAINLY DON'T WANNA LOSE WANT THE TOWN TO LOSE MONEY.

IT IS NOW KNOW IT'S LOSING MONEY NOW.

YEAH.

OUR, OUR FEES ARE BELOW AVERAGE COMPARED TO OTHER MUNICIPALITIES AND YOU KNOW, LIKE THESE SPECIAL USE PERMITS, WE HAVE TO ADVERTISE UH, THAT IN THE PAPER A COUPLE TIMES.

SO YOU MAIL MAIL SO YOU HAVE THOSE FEES THAT ARE ASSOCIATED WITH THE PROJECT PLUS, AND YOU, YOU COUNTY, YOU HAVE RECORDS OF ALL THAT.

SO YOU KNOW HOW MANY, HOW MUCH POST YOU SPEND AND HOW MUCH YOU PAY TO THE DAILY WHATEVER.

OKAY.

YEAH.

SO IT'LL BE EASY TO PUT THAT TOGETHER AND WE CAN HAVE, HAVE ALL BACK IN TWO.

OKAY.

WELL LET'S PUT THAT ON THE AGENDA.

NEXT MEETING.

[01:05:07]

ANYTHING ELSE? NOTHING TO ADJOURN.

TO ADJOURN.

THANK YOUN.