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[Planning and Zoning]
AT SEVEN O'CLOCK.SO I'D LIKE TO CALL WORK SESSION TO ORDER.
AND THEN I BELIEVE THE FIRST ITEM AND ROLL CALL CHAIRMAN JONES, VICE CHAIRMAN MCFADDEN HERE, COMMISSIONER MERCHANT HERE, COMMISSIONER MARSH NOUR HERE, COMMISSIONER GORDON HERE, WORK SESSION BUSINESSES, PLANNING AND LABOR STAFF WHERE YOU
UM, I WOULD JUST WANT TO STAY THERE.
UM, I APOLOGIZE FOR, UM, FOR THOSE WHO DOESN'T ANCHOR, THEN TELL HER ATTORNEY, UM, JUST WANT TO APOLOGIZE FOR NOT BEING THOROUGH IN THE WORK SESSIONS YOU
UM, I WAS NOTICED TO BE HERE AND TAKE RESPONSIBILITY FOR BEING HERE BECAUSE I SHOULD DO YOUR OWN, MY OWN VOLITION.
SO IF THERE WERE ANY, UH, PROCEDURAL QUESTIONS THAT WERE UNANSWERED, UH, OVER THE LAST SEVERAL MEETINGS ON MY PART, IF THEY WEREN'T ANSWERED RESPONSIBILITY, UM, AND I'M GOING TO LET THE, UH, MEETINGS, UH, RELATING TO ELIMINATE PARTNERSHIP AND LEGAL ISSUES BEEN HANDLED BY, UH, GEORGE SONNET ASSISTANT TOWN ATTORNEY.
UM, I DO NOT HAVE A CONFLICT OF INTEREST, UH, IN HIS MATH BLED IN CASE ANYONE RAISES A QUESTION AS TO THAT RATHER THAN BEING A DISTRACTION, I'M SIMPLY NOT GOING TO BE HERE AND COMING DISTRACTION.
MR. SIMON HAS PLENTY OF EXPERIENCE IN THESE MATTERS AND ARISE.
SO WITH THAT, THANK YOU, MR. WILSON, DO YOU LIKE TO PRESENT, PRESENT, DISCUSS THIS? UH, YES.
MR. CHAIRMAN, UH, THIS MEMORANDUM WAS PREPARED.
IT WAS ON THE REGULAR MEETING AND ASKED TO BE THROUGH THE SESSION HERE TO SAY YOUR NAME.
UH, IT WAS NOTED THAT IT DOES INVOLVE, UH, THREE DIFFERENT APPLICATION REQUESTS.
THEY ARE ALL RELATED, UH, THE ESTABLISHMENT OF A SOLAR ENERGY FACILITY ON PROPERTY HERE IN TOWN ON REQUESTING AN AMENDMENT PLAN IN TERMS OF ZONING PHYSICALLY TOO WELL, THIS TYPE OF SOLAR FACILITY AND THE APRON DISTRICT QUITE ESPECIALLY FOR A MINUTE.
AND THE THIRD WAS A SPECIAL USE PERMIT APPLICATION FOR IT DOES.
I THINK HE SAW HER, UM, I SUBMITTED BY FR LP AND I THINK EVERYONE RECOGNIZED THAT THE PROPOSED TEXT AMENDMENT TO LIST THE USE, UH, BY SGP AND THE SUP APPLICATION, UH, HAD TO RUN TOGETHER AND HANDLE BECAUSE CURRENTLY THE ORDINANCE DOES NOT PERMIT THIS USE AND THEN DESIGNING THOSE.
AND I THINK IT WAS HOPEFULLY FURTHER UNDERSTOOD THAT IN TERMS OF SEQUENCING, WHEN THIS FUN, UH, EVENTUALLY WORKED TO THE TOWN COUNCIL B TEXT AMENDMENT WOULD HAVE TO BE HER FIRST, ANY REASON THE TEXT AMENDMENT WAS DENIED, THEN THE SUP APPLICATION WOULD BECOME ON THE COURT, DID NOT BE CONSIDERED BY COUNCIL COULD CAUSE THERE WOULD STILL BE NO USED CLASS PATIENT TO HERE, UH, IN REVIEWING THESE THREE APPLICATIONS, UH, IN PREPARATION OF THE SNAP FOR GOING BACK.
UM, AND I ONLY DO IT GOES BACK TO THE ACTUAL APPLICATION TO THE INITIATING ACTION.
YOU KNOW, WHEN I LOOK AT THE, THESE TYPES OF REQUESTS, I DID DETECT WHAT I THOUGHT WERE SOME PROCEDURAL ERRORS AND HOW THE COMP PLAN HAVE DONE THAT AND THAT THE ZONING TEXT AMENDMENT, WHERE THEY WERE APPLIED FOR.
[00:05:01]
BUT THEN THERE IS THAT THERE HAS TO BE INITIATED IN CERTAIN PARTIES.UH, YES, THEY MUST BE FORWARDED TO US.
AND THAT WAS THE ISSUE PROBLEMS IS AS I NOTED THAT AT THE END, UM, THE, UH, THE MEMORANDUM THAT, THE ISSUES THAT, THAT I RAISED, YOU KNOW, DID NOT GET INTO THE SUBSTANCE OF THE APPLICATION ITSELF, THE APPROPRIATE THEY WERE PURELY PROCEDURAL.
I JUST WANTED TO MAKE SURE THAT EVERYTHING WAS PROCEDURALLY CORRECT, BECAUSE, UH, FOR BOTH, I THINK BOTH AND THE COUNCIL WOULD BE ENTRUSTED TO HAVE STRONG TEMPER I'LL PROCEED FROM THAT, UH, ARE DONE IN THE EVENT THAT ANY OF THESE ACTIONS WERE CHALLENGED AND IT'S NOT UNCOMMON.
THE FIRST THING THAT IS LOOKING FOR PROCEDURAL ERRORS.
SO WE'RE JUST TRYING TO MAKE SURE THAT THEY WERE PROCEDURALLY CORRECT.
IT WAS, IT WAS MY FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT THAT THAT CAN BE SAID CAN BE CONSIDERED, BUT IT, UH, THE APPROPRIATE BODY TO HEAR THAT OCCURRED, UH, REQUEST IS THAT IT REALLY, BEFORE THAT COUNCIL, UH, IS HAVING THE AUTHORITY TO THERE THE BODY FOR INITIAL REVIEW OF COMPREHENSIVE PLAN AMENDMENTS IN TERMS OF THE ZONING TEXT AMENDMENT, IT'S MY FINDING THAT A ZONING TEXT AMENDMENT IN B, UH, I INITIATED BY A MOTION OF EITHER THIS BODY OR BY A RESOLUTION, UH, ADOPTED BY THE GOVERNING BODY.
BUT THE CODE OF VIRGINIA IS ALSO VERY SPECIFIC.
THAT IS NEITHER OF THOSE PUBLIC BODIES INITIATE THAT ACTION.
THERE HAS TO BE CERTAIN FINDINGS OF A PUBLIC PURPOSE OR PURPOSES THAT ARE ACTUALLY LISTED OR A NUMERATOR.
AND, AND, AND, AND WHILE, YOU KNOW, EVEN THOUGH THE, THE COMMISSION'S ACTION WAS TAKEN AT A WORK SESSION, YOU KNOW, THERE WAS A MOTION, BUT THE MOTION DID LACK THE, UH, THE NECESSARY LANGUAGE.
AND THAT HAS ACTUALLY BEEN, UH, UH, IN THE PAST, UH, HINDER OUR PLANNING PERMISSION OR WRESTLE IN INITIATING RESOLUTION ABOUT THE GOVERNING BODY.
SO ACTUALLY ALL, ALL, ALL OF THESE PROCEDURAL, UM, PROBLEMS ARE VERY EASILY RESOLVED.
IT WOULD INCLUDE ROUTING THE COMPREHENSIVE PLAN AMENDMENT TO THE COUNCIL FOR ITS CONSIDERATION.
AND YOU MAY ALSO WANT TO LOT WHILE THE COUNCIL IS LOOKING AT THAT, UH, YOU MAY CONSIDERATION IT'S A PROGRESS OF THIS BODY, UH, THE GOVERNING BODY, JUST AS WELL AS THIS BODY COULD INITIATE THIS.
AND WHAT I'D RECOMMEND ON THAT IS WOULD BE TO LET STAFF PREPARE WHETHER IT BE THE RESOLUTION OF THE MOTION AND APPROPRIATE MOTION THAT WOULD CONTAIN THE APPROPRIATE LANGUAGE CONTAINED IN THE CODE.
SO YOU, SO YOU'D HAVE WHAT I'D CALL, UH, UH, AN AIRTIGHT, UH, INITIATE ACTION.
AND WE WON'T HAVE TO WORRY ABOUT, UH, ANY COMPLAINTS OR WE DID RECEIVE ANY LITIGATION AGAINST THAT.
I THINK WE WOULD BE VERY WELL SHIELDED BY IT.
AND, UM, MR. SONNET IS HERE, UH, HE, HE HAS REVIEWED THIS, UH, HE'S THE ASSISTANT TOWN ATTORNEY.
AND, UH, AS THAT, UH, YOU KNOW, ANY OPINIONS TONIGHT ARE SHARED BY ME.
BARRY QUESTIONS FROM THE MEMBERS, A COUPLE OF QUESTIONS, MR. CHAIR, FIVE MINUTES.
UM, SO IF I UNDERSTAND WHAT YOU'RE SAYING, THE PLANNING COMMISSION DOES NOT HAVE THE AUTHORITY TO INITIATE A COMPREHENSIVE PLAN AMENDMENT.
IS THAT WHAT YOU WERE SAYING? AND THAT'S UNDER 15.22229 GEORGE, IS THAT CORRECT? UM, LET ME JUST CHECK THE STATUTE.
I AGREE WITH THE PREMISE THAT THE COMP PLAN AMENDMENT, UH, SHOULD ORIGINATE WITH THE GOVERNING BODY, UM, TWO, TWO, TWO, NINE.
AND THAT PROVISION A QUARTER PER THE DIRECTOR'S STATEMENT SAYS THAT THE PROVISION OF THE CODE IN VIRGINIA CONCISE AND CLEAR AND MEANING,
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IT MAKES POINT THAT THE AUTHORITY TO INITIATE AN AMENDMENT TO AN ADOPTED, COMPREHENSIVE PLAN RESIDES SOLELY WITH THE GOVERNING BODY.HAVE YOU AGREED THAT IF YOU'RE ASKING ME TO READ MIND? YES.
UM, THE REASON I ASKED THE QUESTION, THE WORD INITIATE, AND I DIDN'T USE THE WORD INITIATED, I USED THE WORD ORIGINATE.
WELL, IT, THAT PARTICULAR WORD IT'S NOT IN THAT SECTION.
BUT, UM, UH, TO, TO ME, THE, THE CLEAR, UH, MEANING OF THAT SECTION IS THAT, UH, COMP PLAN AMENDMENTS ARE THE EXCLUSIVE, UH, UH, DOMAIN, IF YOU WILL, OR JURISDICTION OF THE GOVERNING BODY, THAT IS WHERE THEY ARE TO ORIGINATE.
CAN HE PUT THAT IN WRITING FOR HER? I CAN DO AN OPINION.
I WOULD LIKE TO SEE THAT BECAUSE IT'S ALWAYS BEEN OUR PAST POLICY HERE TOO, FOR THE PLANNING COMMISSION TO INITIATE A COMPREHENSIVE PLAN AMENDMENT.
SO W WE'VE BEEN DOING IT WRONG IN THE PAST, AND APPARENTLY, AND I WILL NOTE THAT I DID LOOK ONLINE AND A BIT THAT OTHER JURISDICTIONS ARE DOING IT THE SAME WAY WE BILL IT, WHICH IS KIND OF UNIQUE.
SO FREDERICK COUNTY, FAUQUIER COUNTY, AND FLUVANNA COUNTY OF ALL COUNTIES.
AND MATTER, IN FACT, THEY SAY RAVEN THERE, UM, YOU KNOW, OPENING STATEMENT THAT, UH, THAT THE PLANNING COMMISSION OR THE BOARD OF SUPERVISORS, THAT'S NOT A TITLE OF THE COUNTY MAY INITIATE A COMPREHENSIVE ANYTIME.
NOW IT MAY BE A MATTER OF SEMANTICS, CORRECT? CORRECT.
I'M NOT TRYING TO, AS, AS IN THIS CASE, IT MAY FLOW THROUGH THE PLANNING COMMISSION YET TO THE GOVERNING BODY RIGHT NOW, IF YOU WANT TO CALL THAT INITIATING.
UH, BUT THE CONSIDERATION OF IT SHOULD, SHOULD, UH, LIES WITH IT.
CAUSE CURRENTLY THE PROCEDURE IS AN APPLICANT WALKS INTO PLANNING AND ZONING AND SAID, I WOULD LIKE THE PLANNING COMMISSION OR I LIKE THE TOWN TO CONSIDER A COMPREHENSIVE PLAN AMENDMENT.
THEN HISTORICALLY STAFF WORKS UP THEIR INFORMATION BECAUSE EVEN THOUGH WE HAVE AN APPLICATION FEE, UH, NEITHER THE PLANNING COMMISSION NOR COUNCIL HAS A FORM HALL APPLICATION FORM, WHICH IS KIND OF, YOU KNOW, I'VE ALWAYS THOUGHT WE KIND OF SHOULD'VE HAD THAT, BUT THAT'S SOMETHING WE CAN WORK ON IN THE FUTURE.
IN FACT, THE APPLICANT HAS PROVIDED SOME EXCELLENT FORM, RIGHT? AND, AND THEY, AND THE OTHER ITEM, UM, SECTION ONE, TWO, TWO OH FOUR, I BELIEVE 15.2, TWO, TWO OH FOUR WAS CALLS OUT THE PROCEDURES FOR REVIEW.
AND THE FACT THAT BOTH THE PLANNING COMMISSION HAS TO HAVE A PUBLIC HEARING AND THE GOVERNING BODY HAS TO HAVE A PUBLIC HEARING.
SO IN TIMES PAST THE APPLICANT WOULD COME INTO THE PLANNING AND ZONING FILE, HIS LETTER REQUESTING A COMPREHENSIVE PLAN AMENDMENT, AND A CONVICTION WOULD, UH, DO THEIR RESEARCH.
THEY'RE THERE AND HAVE STAFF PREPARE WHATEVER DOCUMENTS WE FIND NECESSARY TO MOVE FORWARD.
WE WOULD HOLD A PUBLIC HEARING AND THEN FORWARD THAT INFORMATION ON TO COUNCIL.
BUT WHAT I HEAR YOU SAYING IS THAT ACTUALLY WE SHOULD DIRECT THE APPLICANT TO GO TO THE TOWN COUNCIL FIRST AND THEN TOWN COUNCIL WOULD NOT REVIEW IT, BUT JUST SAY WHETHER OR NOT THEY WISH TO PROCEED AND THEN SEND BACK TO AGREE WITH THAT, TO THE PLANNING COMMISSION.
THEN WE HOLD A PUBLIC HEARING AND IT GOES BACK TO COUNCIL.
SO IT'S QUITE A CONVOLUTED PROCESS TO GET THROUGH THAT APPARENTLY.
COUNCIL SAYS NO ONE, THE VERY BEGINNING THEN A COMPREHENSIVE PLAN COULD BE DENIED WITHOUT ANY PROCESS.
JUST ONE THAT THAT'S MY THAT'S MY OPINION MIGHT BE ON IT.
UH, COULD MY OTHER QUESTION, MR. CHAIRMAN I'LL YIELD THE FLOOR.
UM, COULD THERE HAVE BEEN A SITUATION AT ANY TIME IN THE PAST OR COUNCIL, OR EVEN IN THE FUTURE COULD SAY WE WANT THE PLANNING COMMISSION TO BE THE SOURCE OR TO BE THE POINT FOR AN APPLICANT TO COME IN AND INITIATE THE PROCESS.
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IN OTHER WORDS, WE, WE WILL GIVE THE PLANNING, COMMOTION, OUR AUTHORITY TO INITIATE AN APPLICATION.COULD, COULD THAT OCCUR OR COULD THAT HAVE OCCURRED? I WOULD SAY, UH, SHORT OF THE PLANNING COMMISSION MAKING A RECOMMENDATION FOR RIGHT NOW, I'LL SAY YES.
SHORT OF TAKING OFFICIAL ACTION.
IF THAT, HOW MANY? CAUSE SEE, HERE'S WHAT I CAN SEE THAT THAT COULD HAPPEN.
AN APPLICANT COMES TO PLANNING AND ZONING, WE SAY, SORRY, BUT YOU'RE GOING TO HAVE TO GO TO COUNCIL.
WE SEND THEM UP TO COUNCIL'S OFFICE.
UH, COUNCIL SAYS, WELL, WHO'S, WHO'S, WHO'S MAKING THE PACKET.
WHO'S GETTING INFORMATION TOGETHER.
WHO'S GOING TO PAY IT OR THE DOCUMENTS.
AND I THINK THAT'S WHERE A BETTER OR ANY KIND OF APPLICATION FORM.
YOU NEED SOME SORT OF PACKAGE FOR COUNCIL TOWN COUNCIL.
DO YOU WANT TO TAKE AN INITIAL OPTION ON TO SAY, WELL, YEAH, LET'S GO AHEAD.
OR BECAUSE THEY WERE GOING TO SAY, WELL, PLAN THE COMMISSION.
WHY DON'T YOU GIVE US INFORMATION? THAT'S OUR JOB IS TO PROVIDE INFORMATION TO OUR COUNCIL.
AND NOW THAT WE HAVE A NEW COUNCIL AND TO GET IT READY TO GO FORWARD, HE MADE, HE MAY WANT TO SAVE A CITIZEN APPLICANT MONTHS AND THE APPLICATION PROCESS BY THE TIME THEY COME TO US FIRST SO THAT WE CAN DO THE APPLICATION THAT THE COUNCIL APPROVED AND THEN MOVE FORWARD AND SAVE TIME IN THE PROCESS.
SO YOU HAVE, UH, I, I ENVISIONED THAT IT COMES IN ADMINISTRATIVELY, IT'S PACKAGED.
AND, UH, AS FAR AS THE INVOLVEMENT OF THIS BODY, AT THAT POINT IN TIME, IT WOULD BE, AS I SEE IT, NOTHING MORE THAN A TRANSMITTAL LETTER.
WHY WOULDN'T HE GO TO THE CHAIR, TO THE GOVERNING BODY? YOU GO WITH THE GOVERNING BODY TO THE CHAIR? UM, WELL, I SUPPOSE, I SUPPOSE IT COULD BE A TRAP MAYBE, MAYBE, MAYBE FROM THEIR DIRECTOR TO COUNCIL, TO PLANNING COMMISSION BACK TO COUNCIL.
IN ANY EVENT, THERE WOULDN'T BE ANY, IN ANY EVENT, THERE WOULDN'T BE ANY FORMAL ACTION BY THIS BODY AT THAT STAGE.
UM, AND WE CURRENTLY DON'T HAVE THAT PROCESS IN PLACE.
SO UP TO THIS POINT TO, TO NOT TO IMPUGN OUR PLANNING COMMISSION, WE'VE BEEN DOING WHAT WE THINK WAS CORRECT THE WHOLE TIME, BUT APPARENTLY IT WOULD HAVE GONE THAT, THAT THEY UP OUR LP APPLICATION SHOULD NEVER HAVE STOPPED OR STARTED WITH THE PLANET OR PLANNING AND ZONING DEPARTMENT THAT IT SHOULD HAVE BEEN TRANSFERRED TO TOWN COUNCIL FOR ACTION.
WELL, WHEN YOU SAY, START WITH, I THINK WE AGREE THE APPLICATION WOULD COME IN AND THEN BE PACKAGED IN, IN SOME SENSE, I DON'T HAVE A GOOD GRASP ON EXACTLY TO WHAT EXTENT IT WOULD BE PACKAGED FOR THE APPLICANT, BUT THEN IT WOULD BE TRANSMITTED TO THE GOVERNING BODY FOR CONSIDERATION.
AND I THINK THE UNDERLYING CONCEPT THERE IS, IS SINCE THE GOVERNING BODY IS THE ULTIMATE DECIDER, TEST THE WATER THERE FIRST, BEFORE YOU GO THROUGH THESE PUBLIC HEARINGS, YOU NEED TO SEE IF THERE'S, UH, ANY INTEREST AT ALL, RIGHT FROM THE OUTSET.
OTHERWISE EVERYONE IS, IS SPINNING WHEELS.
AND THERE IS CASE LAW SUPPORTING THAT.
UH, THAT'S PROBABLY NOT TOO IN THAT KIND OF DETAIL, BUT, BUT I, I WILL.
UM, WHAT YOU RECOMMEND IT WELL, WHEN YOU SAY RECOMMEND, WELL, I TH I BELIEVE THE PROPER PROCEDURE IS YES, THAT'S WHAT I'M TRYING TO SAY.
WHAT SHOULD BE THE PROPER PROCEDURES THAT IF WHAT WE DID WAS NOT, UM, CONCISE AND CLEAR, BUT WHAT IS THE CONCISE AND CLEAR WAY TO MOVE FORWARD HERE? UM, WELL, AS WE DISCUSSED, THE APPLICATION WOULD COME IN FOR A COMP PLAN AMENDMENT.
AND IF WE CAN GET AN APPLICATION IN PLACE, THAT'S GONNA SPECIFY THE DETAIL THAT'S NECESSARY, THEN, THEN IT POTENTIALLY COMES IN ALREADY PACKAGED.
AND IT'S SIMPLY TRANSMITTED ON, UH, TO GET ON AT A TOWN COUNCIL AGENDA FOR INITIAL TO GET THE INITIAL, UH, DECISION ON WHETHER
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OR NOT THIS IS GOING ON.HEY, CITIZENS SHOW UP FOR THEIR THREE MINUTES TO SPEAK AT A COUNCIL MEETING.
AND I SAY, COUNCIL, I WOULD LIKE YOU TO CONSIDER LOOKING AT, UH, THE LEACH RUN PARKWAY, PLANNING AREA FOR REVISION.
NOW, DO WE CHARGE THAT PERSON THE $400 APPLICATION FEE? I MAKE THEM FILL OUT OF THAT.
I ACTUALLY RAISED THAT HYPOTHETICAL THIS AFTERNOON.
AND MY ANSWER TO THAT IS YES, THEY COULD.
YOU MEAN THEY COULD COUNCIL COULD, UH, A PERSON COULD THEORETICALLY COME INTO THE PUBLIC, CORRECT? YES.
IT COULD, IT COULD BE INITIATED.
COUNSEL COULD INITIATE IT THAT WAY FROM FORM OR COUNCIL.
THEY PROBABLY CHARGED THEM A $400.
PETE WORKED FOR US SUGGESTED PERHAPS, I DON'T KNOW.
UM, WELL THE RESPONSE MAY WELL BE, WELL, YOU NEED TO GO SEE OUR PLANNING DEPARTMENT AND THAT ITSELF WOULD NOT BE AN INITIATION.
THEY WAS STILL, THERE WAS STILL, THERE STILL SHOULD BE AN APPLICATION AND IT MAY BE COULD THIS BODY, SO NOTE AN APPLICATION TO COUNCIL BECAUSE WE ARE DIRECTED EVERY FIVE YEARS TO REVIEW THE COMPREHENSIVE PLAN.
AND BY THE WAY, MY ANSWER TO THAT TO NOW THAT THIS BODY CAN NOT INITIATE IT, HOW ARE WE TO REVISE THE COMP PLAN THAT WE'RE REQUIRED BY THE CODE OF THE FIVE YEARS THOUGH? WELL, YOU'RE, YOU DO FOLLOW THAT, BUT YOU DON'T.
UM, IN MY OPINION, THIS BODY CAN NOT JUST, UM, YOU KNOW, UH, WELL, I DON'T WANT TO USE THE WRONG WORD HERE, BUT ON A WHIM OR WHATEVER ASIDE, YOU KNOW, WHAT, LET'S, LET'S TWEAK THIS, OR LET'S TWEAK THAT.
I'M NOT TALKING OF US TWEAKING AND DOING OUR OWN BLOOD, BUT COULD WE SAY A TOWN COUNCIL WE'RE REVIEWING THE COMPREHENSIVE PLAN FOR OUR FIVE-YEAR CODE ABIDE A REVIEW.
AND WE WOULD LIKE TO MAKE SOME CHANGES.
WELL, THAT'S UNDER THAT PROVISION OF THE LAW THAT IT BE REVIEWED EVERY FIVE YEARS.
SO OF COURSE IN THAT CASE, THIS BODY TAKES, THAT TAKES UP THAT TASK.
I MEAN, WE, IF WE CHOOSE TO MODIFY SOMETHING, DO WE TAKE THAT TO COUNCIL BEFORE WE GO TO A PUBLIC HEARING OR DO WE GO TO A PUBLIC HEARING AND THEN TAKE IT TO ACCOUNT? UM, I, YOU KNOW, I DON'T HAVE THAT.
I DON'T HAVE THAT IN FRONT OF ME, BUT I THINK IT GOES TO PUBLIC.
I THINK YOU TAKE IT OFF THE PERIOD THAT THE PLANNING COMMISSION DOES HAVE, AND SHE ATE IT AND IN A CERTAIN WAY, IF IT'S FALLS UNDER OUR FIVE YEARS.
WHAT, WHAT YOU'RE DOING IS THAT THIS BODY, ACCORDING TO CODE, AND THAT'S ONE THAT, YOU KNOW, YOU ARE A PUBLIC BODY, YOU'RE NOT JUST A CITIZEN.
AND PART OF YOUR AUTHORITY UNDER THE CODE IS TO REVIEW THE CODE EVERY FIVE YEARS TO DETERMINE IF IT REQUIRES ANY CHANGES OR UPDATE.
AND THEN WHAT YOU WOULD DO IS THAT YOU WOULD REPORT TO THE GOVERNING BODY, THE RESULTS OF YOUR REVIEW.
AND THEN ONCE THEY'RE IN RECEIPT OF IT, YOU KNOW, LIKE YOUR REPORT COULD SAY, YES, WE'VE REVIEWED IT AND HAD A MINIMUM.
WE RECOMMEND THE UPDATE OF CENSUS DATA, STATISTICAL DATA.
SO WHEN YOU'RE FULFILLING RESPONSIBILITY TO REVIEW AND REPORT, THEN THAT DOCUMENT THAT YOU TRANSMITTED UNDER THAT AUTHORITY THEN IS RESIDING WITH A GOVERNING BODY.
AND THEN THAT'S WHEN THE GOVERNING BODIES IS GOING TO MAKE A DECISION.
DOES IT DESIRE TO TAKE UP THOSE RECOMMENDATIONS? AND IF IT DOES, THEN IT WILL INSTRUCT TO BEGIN THE HEARING PROCESS, THE POINT, I'M SORRY TO GET INTO.
IT'S VERY EDUCATIONAL FOR ALL OF US.
ARE THAT RIGHT? ANY OTHER COMMENTS, QUESTIONS, IF I COULD ADDRESS THE, UM, THE TEXT AMENDMENT APPLICATION.
SO WE'RE DONE WITH HER COMP PLAN, WHICH WAS, WHICH WAS THE, UM, THE PROPERTY OWNER INITIATED APPLICATION.
I THINK IT WAS FILED FEBRUARY 12TH, 2020.
SO THAT'S THE COMP PLAN BEFORE WE MOVE ON TO THE COMP PLAN.
SO WE'RE LOOKING AT OUR BYLAWS.
WE PREPARE AND RECOMMEND A COMPREHENSIVE PLAN EVERY TWO YEARS.
IT HAS TO BE EVERY FIVE YEARS.
WELL, WE'VE BEEN WORKING ON IS UPDATING SECTIONS, REWRITING MAKING IT CURRENT.
THE WAY I UNDERSTAND WHAT YOU'RE SAYING IS THAT WE SHOULD
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INSTEAD PREPARE A REPORT THAT SAYS, WE RECOMMEND THESE CHANGES BE MADE.TOWN COUNCIL WOULD AFFIRM THAT THOSE SHOULD BE CHANGED AND THEN IT HAPPENS, BUT THAT WE SHOULDN'T SPEND ANY TIME ACTUALLY UPDATING.
WE WOULD ACTUALLY JUST TELL THEM THESE AREAS SHOULD BE UPDATED.
IT DEPENDS ON WHAT, I GUESS I UNDERSTAND WHAT YOU'RE SAYING.
WHAT, WHAT LEVEL OF WAR DO YOU WANT TO GET INTO OR INVOLVE YOURSELVES THEN JUST TO SEE IF THE DESIRE IS THERE WITH A GOVERNING BODY, YOU KNOW, YOU MAY DO LIKE MAYBE THE NAME THAT I GAVE TO MR. MERCHANT THAT, YOU KNOW, IT WOULD BE, YOU KNOW, WE HAVE NEWS, UH, CENSUS DATA OUT.
WE RECOMMEND THAT ALL BLACK, THE WHOLE SECTION IS IN POPULATION HOUSING, SO FORTH BE UPDATED.
THAT DOESN'T MEAN THAT YOU ACTUALLY HAVE TO DRAFT ALL OF THAT, BUT IT CAN COME AS A SET OF RECOMMENDATIONS FROM YOUR REVIEW AND THEN THE GOVERNING BODY, IF THEY DID DESIRE FOR YOU, THAT YOU WOULD GET INTO THE NUTS AND BOLTS.
SO I SAW, I THINK YOU CAN TAKE IT TO A CERTAIN LEVEL IN THE FIVE SECTIONS THAT YOU BELIEVE AS PART OF YOUR REVIEW, EITHER LEAD, CHANGING, OR UPDATING AND WHY, AND THAT WOULD BE SUFFICIENT TO SEND IT TO THE GOVERNING BODY.
AND THEN IF THE GOVERNING BODY AGREES WITH THE RESULTS OF YOUR REVIEW, THEN THEY WERE INSTRUCTED PLANNING COMMISSION TO COMMENCE WITH THE PREPARATION OF, OF THOSE DRAFT CHANGES.
UH, IN PREPARATION FOR PUBLICATION, I'M THINKING ABOUT THIS AS A PROCESS, RIGHT? YOU JUST TOLD US A WHOLE BUNCH OF FUTURE PROCESS WE'RE WERE TALKING ABOUT, UM, CURRENT PROCESS AND PREVIOUS PROCESS.
AND WE'RE BEING KIND OF TOLD THAT OUR PREVIOUS PROCESS, OR WE ARE BEING TOLD OUR PREVIOUS PROCESS, WHICH WASN'T CLEARLY MAPPED OUT OR BASELINE IS INCORRECT.
I THINK THAT WE'VE HEARD THAT THERE'S CONFLICTING, UH, INFORMATION REGARDING THAT.
UM, WE'VE HAD KIND OF HER AROUND THE CIRCLE ON SOME OF THIS LANGUAGE.
AND, YOU KNOW, I THINK, I THINK IN THIS CASE, AND I WAS LIKE, PROCEDURAL ISSUES WOULD POTENTIALLY NEW PROCEDURAL ISSUES HERE, LISTENING TO THIS NEW PROCESS.
I'M JUST THINKING THIS IS GOING TO GUM UP THE WORKS.
AND IT ALSO CONFLATES AND CHANGE IT AS THE ROLE OF THE PLANNING, COMMISSION, EVERYTHING I LEARNED.
AND MY, YOU KNOW, MY, MY COMMISSIONER'S CLASS DOESN'T SPEAK THIS WAY.
THIS SOUNDS LIKE WE'RE PUTTING, UH, YOU KNOW, WE'RE, WE'RE A BODY THAT'S SUPPOSED TO MAKE RECOMMENDATIONS TO THE COUNCIL BASED ON APPLICATIONS FROM CITIZENS WERE ALMOST LIKE A CITIZENS ADVOCACY BOARD, MAKING SURE THAT WHEN THEY COME BEFORE COUNCIL, THERE I'S ARE DOTTED AND OUR T'S ARE CROSSED, I'M A PLANNER, RIGHT? AND WE'RE SUPPOSED TO ADVISE THAT TOWN PLANNER MAKE SURE THAT THINGS ARE DONE RIGHT AND MAKE A DECISIONS BASED OR MAKE RECOMMENDATIONS BASED ON WHAT'S THE BEST INTEREST OF THE COMMUNITY AND CON CHARTER AND EVERYTHING ELSE.
SO IT SOUNDS LIKE NOW WE'VE GOT THIS EXTRA LAYER THAT'S GOING TO COME TO COUNCIL AND THEN COUNCIL WITH JUST AN APPLICATION, NO INPUT FROM THE TOWN PLANNING COMMISSION IS NOW SUPPOSED TO MAKE A JUDGMENT WHETHER OR NOT THIS THING MOVES FORWARD.
THAT DOESN'T SOUND LIKE A GOOD PROCESS TO ME.
AND IF THAT'S THE FUTURE PROCESS THAT YOU'RE PROPOSING, I DON'T AGREE WITH THAT.
I THINK AT LEAST THE WAY I UNDERSTAND IT IS IT'S NOT NECESSARILY A FUTURE PROCESS.
WHEN SHOULD YOU REPLACE THEM? WE HAVE NOT FOLLOWED TO DATE AND IT IS NOT GOING FORWARD.
I MEAN, GOING FORWARD, WE SHOULD DO IT CORRECTLY, BUT IT'S ALSO, CAN WE MAKE IT BETTER? I MEAN, IF THE PROCESS IN PLACE, WHERE SHOULD IT BE? AND THEN WHAT DO WE DO AS A BODY BECAUSE YOU HAVEN'T DONE IT CORRECTLY.
I MEAN, IS THERE AN ACTION THAT WE NEED TO TAKE OR THAT NEEDS TO TAKE, AND I DON'T THINK WE'RE TRYING TO MAKE SOMETHING ELSE NEW RIGHT NOW.
WE'RE TRYING TO DO WHAT IS SPELLED OUT AS, AS THE, SURE.
SO INTERESTINGLY, THE APPLICANT MR. ROSANNA, AND HAS INCLUDED A FLOWCHART IN HIS PACKAGE, UM, DOES HE'S FROM JEFFERSON COUNTY AND, UH, APPROVAL PROCESS FOR COMP PLAN AMENDMENT APPLICATION.
AND I HAD ALREADY REACHED MY CONCLUSION PRIOR TO SEEING THIS, AND I SAW THIS AND THAT IT FITS EVERYONE HAS THAT.
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THE PLANNING COMMISSION DOESN'T GET INVOLVED UNTIL I THINK I HAD TO, I THOUGHT YOU WERE GOOD.YOU GO TO THE APPLICATION, THESE ARE FROM YOU
THERE, THERE, THERE ARE THERE'S REVIEWS ON STAFF BY OTHER AGENCIES.
UM, CAUSE IT'S PROBABLY THAT GOVERNING BODY.
NOT THAT DOESN'T MEAN PLANNING COMMISSION OR THAT'S RIGHT.
IT KIND OF KEEPS THAT USUALLY MOST OF THEM KIND OF KEEP THE PLANNING COMMISSION OUT OF THAT BECAUSE THEY'RE LOOKING FOR THINGS AS YOU KNOW, THERE'S A LOT OF SOMETIMES KIND OF CONNECTIVITY BETWEEN THE DIFFERENT SECTIONS OF THE PLAN.
AND IF YOU LOOK AT, YOU KNOW, YOU MAY LOOK AT AN AMENDMENT TO ONE SECTION OF THE PLAN, BUT BY CHANGING THAT SECTION THAT MAY ACTUALLY EITHER CREATE A CONFLICT OR ACTUALLY CREATE THE NEED TO UPDATE OTHER SECTIONS OF THE PLAN.
AND THE, AND THAT'S PART OF LIKE A VETTING PROCESS THAT THE STAFF WOULD GO THROUGH SO THAT WHEN IT PRESENTED IT TO THE BOARD OR THE COUNCIL, WHICHEVER IT MAY BE THAT, YOU KNOW, THERE HAS BEEN SOME TYPE OF REVIEW OF THE REQUEST TO SEE HOW SIMPLE OR HOW COMPLICATED OR WITH THIS CHANGE LATE TO OTHER REQUIRE CHANGES.
UM, BUT LIKE WITH, WITH THE HANOVER APPLICATION, YOU KNOW, IT DOES HAVE THE STAFF AND OTHER AGENCY TAKE A LOOK AT IT AND IT'S CLEAR THAT IT GOES TO THE BOARD OF SUPERVISORS OR AUTHORIZATION.
AND IF THE BOARD VOTES, UH, THE BOARD DOES ON WHAT IS PRESENTED AND BASICALLY IF THEY FIND IT POSITIVE AND WANT TO MOVE FORWARD AND IS AUTHORIZED FOR ADVERTISEMENT.
AND THEN THE APPLICATION IS PROCESSED AND SENT TO THE PLANNING COMMISSION TO WORK IT UP FULLY, TAKE IT THROUGH THE PUBLIC ERIK PROCESS.
AND IT TAKES A WEEK CLEAR THAT IF THE BOARD DOES NOT VOTE TO PROCEED WITH IT, OR IT'S NOT AUTHORIZED THAT THE APPLICATION REQUESTS AND STUFF'S NOT MOVE FORWARD FROM THERE, IT DIES, IT DIES RIGHT.
THERE IS A, A, AND THEY DO HAVE SOME THAT IT COULD POTENTIALLY GO BACK TO THE GOVERNING BODY.
NOW, IF THE GOVERNING BODY DOES AUTHORIZE IT TO GO TO THE PLANNING COMMISSION, THEN IT IS GOING TO GO THROUGH THAT WHOLE PROCESS OF HEARING AN ADVERTISEMENT PURSUANT TO 2204 YOU'RE, YOU'RE GOING TO COME UP WITH A FINAL DRAFT OF WHAT WAS PROPOSED.
YOU'RE GOING TO WORDSMITH METHOD, COME UP WITH THE FINAL DRAFT ADVERTISED FOR TWO WEEKS, HAVE YOUR PUBLIC HEARING ON IT, AND THEN SEND THE RECOMMENDATION TO THE GOVERNMENT BODY WHO WILL LIKEWISE THE TWO-WEEK ADVERTISE PROCESS.
AND THEN THEY WILL VOTE ON IT AND MAKE THE FINAL DECISION TO EITHER ADOPT THE, UH, AMENDMENT TO ADOPT IT.
WHAT CHANGES OR WILL'S POINT, UM, UH, YOU TALKED ABOUT THE FACT THAT WE'RE NOT NECESSARILY TRYING TO CREATE A NEW PROCESS.
I, I KIND OF DISAGREE TO THAT, BUT, UM, I'D LIKE TO SEE A FLOW CHART OF HOW APPLICATIONS IN THE PAST KIND OF WHAT DARYL SAID IS HOW WE'VE DONE IT IN THE PAST.
I'D LIKE TO SEE THIS FLOW CHART, ILLUSTRATING THAT AS CURRENT STATE, AND THEN I'D LIKE TO SEE PROPOSED FUTURE STATE PROCESS.
AND THEN THAT'S WHERE I THINK THAT SHOULD POSSIBLY GO TO COUNCIL FOR A DECISION, OR BECAUSE IT SEEMS LIKE WE'RE, WE'RE FORMALIZING THIS.
AND I THINK THAT'S A GOOD THING IF WE'RE FORMALIZING THIS PROCESS AND WE'RE GOING TO CREATE OFFICIAL APPLICATIONS FOR PEOPLE TO GO THROUGH.
UM, LET'S MAKE SURE IT'S CORRECTLY DONE.
UM, BUT AT THE SAME TIME, YEAH, I'M ALSO JUST WONDERING, WHAT DOES THIS HANOVER COUNTY BOARD OF SUPERVISORS, YOU KNOW, WHAT IS THEIR BASIS? IS IT JUST, IS IT WHEN THEY MAKE AN AUTHORIZATION TO MOVE ON TO THE PAINTED COMMISSION? IS IT, ARE THEY ALL BURST IN, I MEAN, THERE'S A DISCRETIONARY DECISION.
I MEAN, BECAUSE IT'S, IT'S A, IT'S A POD IN THE COMPREHENSIVE PLAN IN TOTAL IS A POLICY DOCUMENT.
IT'S THE PREMIER POLICY DOCUMENT ON THE LOCALITY AND THE GOVERNING BODY.
I MEAN, THERE ARE LOTS OF DISCRETIONARY DECISIONS THAT ARE MADE IN THAT POLICY DOCUMENT.
SO AS THE COACH PUTS IT, WHEN YOU GET TO THAT POINT, UH, AS VIRGINIA PUTS IT, YOU KNOW, DOES THE, DOES THE GOVERNING BODY DESIRE TO MAKE THIS CHANGE TO ITS PREMIER POLICY? THAT'S TERRIFIC.
I JUST FEEL, I FEEL LIKE THE PLANNING COMMISSION, UH, SINCE I'VE BEEN ON AND EVERYTHING LIKE THAT, WE'VE DONE A REALLY GOOD JOB OF HONESTLY STAYING IN OUR LANE,
[00:35:01]
OUT OF THE POLITICS OF A LOT THAT HAPPENS ON THE COUNCIL, THE, SOME OF THAT STUFF.AND WHEN THESE DECISIONS COME THROUGH, TRY TO BE, AS BASED IN CODE, I WAS WORRIED THAT IT WOULD COME TO A THING THAT WOULD COME TO SOME POINT WHERE SOMEBODY JUST SHUTS IT DOWN BEFORE YOU EVEN HAD A CHANCE TO, OR THERE'S A LOT OF CASES WE'VE, WE'VE HELPED APPLICANTS MOVE THINGS FORWARD BY ILLUSTRATING THINGS THAT THEY NEEDED DONE IN THAT ROLE.
I JUST DON'T THE ROLE OF THE PLANNING COMMISSION.
IT SEEMS LIKE IT DIMINISHES IT, RIGHT.
I'M READING THIS BOARD, BUT IT SEEMS LIKE THE IS A UNIQUE ANIMAL.
I, I DON'T THINK THAT IT REALLY DIMINISHES BECAUSE THE, THE, THE PLANNING PERMISSION STILL PLAYS THE ROLE, BUT THE GOVERNING BODY, THEY, THEY ARE THE POLICY DECISION-MAKING REGULATORY MAKING, UH, LIKE THE BODY AND IT IS THEIR DISCRETION.
YOU KNOW, WHEN THEY GO TO CHANGE TO BE REJECTED, WHAT'S EXCEEDED ME DO IT CAN BE REJECTED RIGHT BY COUNCIL, IF THEY DON'T WANT TO GO FOR IT.
I MEAN, WE APPLY, WE, WE SAY, THIS IS, WE APPROVE THIS, OR WE THINK THAT THIS SHOULD GO FORWARD.
WE RECOMMEND CAN WE JUST RECOMMEND, WE'RE NOT MAKING ANY DECISIONS ON HERE.
SO THAT DOESN'T CHANGE IN THAT SENSE.
SO IT JUST SEEMS LIKE WE'RE PUTTING ANOTHER LAYER OF HOOP.
WELL, THAT'S THE WAY IT SEEMS TO ME.
I MEAN, HOW, HOW DOES THE SMALL ENTREPRENEUR IN FRONT ROYAL BENEFIT BY NOW HAVING A THREE STEP PROCESS INSTEAD OF A ONE AND A HALF STEP? ARE WE TALKING A COMP PLAN AMENDMENT? YEAH.
SO WHAT I'M HEARING IS, OKAY, IT'S, IT WOULD BE BETTER TO START WITH THIS BODY, HAVE A PUBLIC HEARING, ET CETERA, ET CETERA, CREATE THE PRODUCT, SEND IT UP.
AND, UH, AND THEN THE GOVERNING BODY ALLOWS IT TO GO FORWARD.
WELL, THEN IT COMES BACK HERE AND YOU DO THE WHOLE PUBLIC HEARING AGAIN, CORRECT.
SO YOU'RE GOING TO HAVE, YOU'RE GOING TO REPEAT THAT PROCESS.
WELL, I MEAN, I MEAN, WHAT I'M REMEMBERING IS NOT TOO LONG AGO, WE HAD, AND I DON'T REMEMBER IF WE HAD A TOWN COUNCIL MEMBER WHO QUIT IN THE MIDDLE OF HIS SESSION BECAUSE HE DIDN'T HAVE THE TIME TO DO IT ANYMORE.
AND WHAT THIS PROPOSAL IS PROPOSING IS TO ADD A GREAT DEAL OF WORK TO THE PLATE OF EVERY MEMBER OF THE TOWN COUNCIL.
AND I'M NOT SURE THAT THEY WANT THAT.
AND HOW DOES THAT HELP? WELL, THEY'RE NOT, UH, AS I UNDERSTAND THAT, YOU KNOW, THE, THE GOVERNING BODY DOESN'T HAVE TO FLESH OUT OR WHAT I CALL PERFECT, THE ACTUAL AMENDMENT IT'S USUALLY GIVEN TO THEM, YOU KNOW, THAT THEY WISH A PERSON WISHES THE, THE PLAN OR CERTAIN POLICIES CALLED INFORMATION TO BE CHANGED IN A CERTAIN WAY.
IF THEY AGREE THAT THAT'S AN IDEA THAT THAT'S WORTHY OF FURTHER CONSIDERATION IN PURSUING THE GOVERNING BODY PERFECT OR RIGHT FOR THE ACTUAL AMENDMENT.
THAT'S WHAT THAT'S, WHEN IT WOULD ACTUALLY SEND IT TO THE PLANNING COMMISSION TO ACTUALLY DO THAT FAR.
SO THE PLANNING COMMISSION WOULD STILL BE DOING THAT, BUT HE'S THAT NOT EXPECTING THE GOVERNING BODY TO HAVE THE EXPERTISE AND EXPERIENCE THAT THE PLANNING COMMISSION HERE, NOT NECESSARILY BECAUSE THERE'S, THERE'S, THERE'S A DIFFERENCE BETWEEN INITIATING AND APPROVING.
AND JUST BECAUSE A GOVERNING BODY MAY INITIATE A CHANGE TO A POLICY AND INITIATE A CHANGE TO A PLAN, INITIATE A CHANGE TO A REGULATION.
THAT'S NO GUARANTEE THAT THAT CHANGE WILL ACTUALLY SUCCEED AND BE APPROVED OR BE ADOPTED.
INITIATING IS JUST SAYING IT AS AN IDEA OF WHERE THE UP, FURTHER CONSIDERATION AND ON THAT CONSIDERATION AND THE PLANNING PERMISSIONS TASK IS TO TAKE THAT CONCEPT OR IDEA AND TO FLUSH OUT LIKE WHAT I WAS SAYING.
IF WE CHANGE THIS SECTION OF THE PLAN AND BEING FAMILIAR WITH THE PLAN, THEN THAT'S GOING TO GENERATE A NEED TO CHANGE THIS SECTION OF A CLIENT.
YOU KNOW, YOU WILL, YOU WILL BE DOING THE HEAVY LIFTING, SO TO SPEAK AND ACTUALLY PUTTING TOGETHER AND FORMULATING THAT AMENDMENT THAT THE GOVERNING BODY WOULD NOT BE DOING, THAT THEY WOULD BE INSTRUCTING THE PLANNING COMMISSION TO DO THAT.
THEY SAID, NO, NO, IT NEVER COMES TO US.
MY UNDERSTANDING IS THAT FIRST STEP IS THE PUBLIC DENTAL COUNCIL WOULD BE SAYING, YOU KNOW, YOU
[00:40:01]
HAVE OUR BLESSING TO GO FORWARD WITH THE BROAD STROKES AND MAKING THIS CHANGE.THEY'RE NOT GETTING INTO THE NITTY GRITTY THAT COMES TO US STILL.
AND LIKE YOU SAID, HOW IT TIED INTO THE REST OF THE PLAN AFTER THAT IN OUR PUBLIC HEARING, THEN IT WOULD GO BACK TO THE TOWN COUNCIL FOR THEIR PUBLIC HEARING.
AND THEY WOULD ACTUALLY BE VOTING ON THAT CHANGE THAT WE HELPED IT TO.
YEAH, SHIT, YOU KNOW, NOT, NOT TO PUT IT, I'LL PUT IT IN COURT TERMS, BUT, UH, YOU KNOW, REALLY THE, THE BURDEN OF PROOF IS ON THE PERSON THAT COMES TO THE BOARD, UH, WHO SUGGEST A CHANGE TO, TO CONVINCE THE BOARD THAT YOU EITHER HAVE A PROBLEM WITH YOUR ORDINANCE OR YOUR, OR YOUR PLAN OR YOUR PLAN IS NOT ADDRESSING SOMETHING.
YOU HAVE THE BURDEN OR THE ONUS IS ON THEM TO CONVINCE THEM YOU'RE PLANNING ON SOMEHOW DEFICIENT OR COULD BE BETTER WITH THESE CHANGE.
AND IF I LIKE TO SAY IT, IT IS A DISCRETIONARY DECISION OF THE BOARD OR THE COUNCIL, WHICHEVER THE GOVERNING BODY MAY BE THAT, THAT STEERING YET TO DECIDE WHETHER THEY THINK THAT WHATEVER PARTICULAR POLICY SECTION OF THE PLAN THAT'S BEING DRESSED, THEY MAY BE PERFECTLY SATISFIED WITH THE INFORMATION, THE GOALS AND OBJECTIVES, AND SO FORTH THAT FOR THAT SECTION.
UM, AND IN THAT CASE, THEY WOULD PROBABLY DECLINE THE AMENDMENT.
SO REALLY IT'S AS WITH ALL APPLICATIONS EVENTUALLY, AND THEY COME TO YOU REALLY, THE, THE, THE BURDEN IS ON THE APPLICANT TO TWO EVENTS, THE BODY THAT, YOU KNOW, THIS IS A GOOD IDEA THAT THAT SHOULD MOVE FORWARD, BUT, BUT MAKE NO MISTAKE, IT IS A DISCRETIONARY DECISION OF THE GOVERNING BODY, BECAUSE IT IS THEIR DOCUMENT.
IT IS THEIR PREMIER POLICY DOCUMENT AND THEY A, IT'S NOT A RIGHT OR A WRONG DECISION.
IT'S JUST A DECISION OF THAT SITTING COUNCIL OR BOARD, WHETHER THEY BELIEVE THAT THAT TYPE OF CHANGE IS NEEDED OR NEEDED AT THIS TIME.
YES, I WOULD TAKE ACTION ON THIS COMMISSIONER.
MCFADDEN'S, UH, COMMENT REGARDING THE LITTLE CHART, THE APPLICATION, THE FLOW CHART.
CAN WE DIRECT STAFF SINCE WE'RE KIND OF, I THINK STAFF UNDERSTANDS OUR CONCERN WHERE WE'RE ULTIMATELY TRYING TO STREAMLINE THE PROCESS, BUT WE, THAT WAS STREAMLINED.
SO THAT'S STILL IN ACCORDANCE WITH THE CODE.
COULD YOU DIRECT STAFF TO MAYBE MAKE THE ACTUAL APPLICATION FOR BOTH THE COMPREHENSIVE PLAN AND A TEXT AMENDMENT, THE PROPER, UH, APPLICATIONS OR APPLICATION WE COULD USE AND FLOWCHART THE PROCESS.
SO WE COULD DISCUSS SOMETHING CONCRETE WHERE, YOU KNOW, YOU JUST GOT TO THINKING WHAT ELSE RIGHT NOW, BUT IF WE COULD HAVE AN APPLICATION AND, AND HOW WE, HOW THE PLAN, HIS OWN APARTMENTS VIEWS, THAT IT SHOULD FLOW, IF THEY COULD PRESENT THAT TO US AT A WORK SESSION, UH, AT A, AT A WORK SESSION, I THINK IT WOULD BE GREAT.
I WOULD SUGGEST THAT YOU REQUEST THAT MR. MERCHANT TO SAM KIND OF SKIRTED THE ISSUE.
DON'T YOU THINK OF LIKE HOW THESE GET INITIATED, RIGHT.
AND INCORRECT ROOM FROM A CUSTOMER FROM CITIZEN, RIGHT.
FROM A BUSINESS OWNER, FROM SOMEBODY WHO NEEDS SOMETHING DONE, SOMEBODY WALKS IN THE DOOR, WHAT HAPPENED? SO IT'S NOT THIS LIKE, OH, IT'S JUST A COMPREHENSIVE PLAN AMENDMENT.
YOU KNOW, LIKE THIS IS A, THIS IS A CONCRETE PERSON WHO'S COMING IN, WHO NEED SOMETHING DONE AND CHANGED SO THAT THEY CAN DO WHAT THEY NEED TO DO.
AND I DON'T WANT TO SAY 15.2, TWO, TWO, TWO NINE SAYS YOU GOT TO GO TO COUNCIL.
WE WANT TO BE ABLE TO WALK THEM THROUGH THE PROCESS AND COME INTO THE DOOR AND GET THE INFORMATION COUNSEL NEEDS TO MAKE THEIR INITIAL.
OR MAYBE WHEN YOU GET THE COUNCIL, JOE, MAYBE YOU CAN SAY, YOU KNOW, WE'RE GOING TO TRUST YOU AS A PLANNING COMMISSION TO MAKE THAT DETERMINATION.
WE'RE HERE BY GIVING YOU AUTOMATIC BLANKET.
YOU DIDN'T TRUST HIM WITH THAT.
AND BASED ON WE CAN DISCUSS WHAT THE COURT, IF I MAY, I THINK THE INTENT IS, IS SIMPLY TO GET THE, GO FROM THE GOVERNING BODY, A THUMBS UP OR INITIAL THUMBS UP OR THUMBS DOWN ON THE PROCESS.
BUT TO BE HONESTLY, THINK THEY'RE GOING TO GIVE A THUMBS UP OR THUMBS DOWN WHEN THEY DON'T HAVE ANY WELL, NO, THEY, WELL, THEY WILL HAVE INFORMATION.
WE TALKED ABOUT, MAKE SURE THAT THEY FILL OUT EVERYTHING AND RESEARCH EVERYTHING AND THEN PRESENT.
AND THAT'S WHY WE MADE THE APPLICATION AND THE FLOW CHART.
SO IF WE CAN GET THAT, WE CAN, WE CAN WORK THROUGH IT.
ALSO, IT'S GOING TO BE DOING WHITE HAS BEEN IN THE PAST.
I MEAN, IT'S NOT THE FINAL THUMBS UP OR THUMBS DOWN THE DAY, INITIAL THUMBS UP OR THUMBS DOWN, IS THIS GOING FORWARD OR
[00:45:01]
NOT? SINCE YOU APPLY AND THEY PAID A FEE AND IT GETS SHOT DOWN, DID THEY GET REFUNDED OR DID THEY HAVE TO PAY ANOTHER FEE TO REAPPLY BASED ON THE POINT, UH, RE RE APPLICATION.SO SET US IN THE SHADE WAS UP FOR THREE MINUTES.
YOU SAID THAT THEY WOULDN'T HAVE TO PAY THE FEE TO, IN HIS OPINION, THEY WOULD HAVE TO GO AND START THE APPLICATION PROCESS AND THEN PAY THE FEE.
THAT THAT'S, IF THEY CHOSE TO TAKE IT UP IN THAT MANNER, I'M JUST SPECULATING.
BUT I, AS YOU WERE, I BELIEVE, AND I ACTUALLY THOUGHT THAT THROUGH AND I THINK, YEAH, SURE.
BUT, UM, I THINK IF THAT WERE TO HAPPEN, I THINK THE BETTER COUNSELORS ARE SMART.
WELL, I, I THINK, I THINK THE WAY TO ADDRESS THAT WOULD BE TO JUST REDIRECT THE PERSON TO THE PLANNING DEPARTMENT.
IF YOU CAN PUT THAT IN THE FLOW CHART, THAT WOULD BE GREAT AS TO WHAT OUR OPTIONS ARE AND WHAT WOULD WORK OF THING.
I THINK A FLOW CHART, SIMILAR TO WHAT HE NEVER HAS.
WE'LL MAKE IT, I'LL SAY IF WE PUBLISH THIS, WE'LL MAKE IT VERY CLEAR.
WHAT EXTENT DOES THAT UNDERSTOOD THAT THAT'S WHAT WOULD BE DONE IF YOU HAVE SOMETHING BY THE NEXT WORK SESSION? I DON'T KNOW.
IT'S A RELATIVELY STRAIGHTFORWARD, RIGHT.
ARE THERE I'M ANSWERING QUESTIONS WELL, THAT PRESENT STATUS SHOULD BE SENT TO THE COUNSELING? IS THAT CORRECT? YES.
I, I WOULD TAKE WHAT THEY HAVE SUBMITTED AND SAY THAT, YOU KNOW, THAT THAT IS SUFFICIENT.
IT NEEDS TO APPLICATION FORM DOES NOT HAVE TO WAIT ON THE CREATION OF AN APPLICATION FORM.
UH, AS WE'VE DISCUSSED HERE, IT SHOULD BE, YOU KNOW, IMMEDIATELY ROUTED, UH, YOU KNOW, THE AVAILABLE SKILLS SCHEDULE OR WHEN THE COUNCIL WISHES EITHER COMPLACENT ON ITS TYPES AVAILABLE AGENDA.
SO, SO HOW DO WE SEND THAT TO COUNSEL? SHE CAN'T INITIATED IT.
SO WE KINDA KNOW THE LETTER TO THE MANAGER THAT I HAVE A REQUEST OR AN AMENDMENT COMMUNICATES IT TO COUNCIL AND COUNCIL INSTRUCT HIM ON WHICH AGENDA AND OUR REGULAR MEETING.
WE CAN HAVE A MOTION ALSO AT THAT TIME TO TAKE CARE OF THE TEXT AMENDMENT MOTION THAT WE CAN INITIATE IF I MAY ADDRESS THAT.
BECAUSE THERE'S A THIRD PATH ACCORDING TO THE STATUTE.
AND I THINK WE'RE UNDER THAT 3.28, SIX SEVEN.
UM, BECAUSE MR HAS ANA, UM, ON JUNE SIX, 20, 20, UM, BY LETTER, AND IT WAS TREATED AS A PETITION BY TOWN STAFF, UH, UH, REQUESTED A ZONING TEXT AMENDMENT AND, UH, UNDER THE STATUTE, UH THERE'S THERE'S I READ IT.
IT'S NO DISCRETION, UH, THAT IF, IF THERE'S, UH, A PETITION OF, BY THE OWNER ADDRESS TO THE, UH, GOVERNING BODY OR THE LOCAL PLANNING COMMISSION, A CHILD SHALL BE FORWARDED, FORWARDED TO THE GOVERNING BODY.
SO IN MY OPINION, THESE SHOULD GO TOGETHER.
LIKE WHAT TIM SAID WOULD EITHER HAVE AN OFFICIAL ACTION BEFORE WEEKEND SENDS IT ONLY IF THE PLANNING COMMISSION IS INITIATING, CORRECT.
UNDER NUMBER TWO, MAKE SURE YOU PUT THE BULLET THERE UNDER THE, UNDER THE FLOWCHART THAT WE CAN DO THAT WOULD HELP US SAVE US TIME.
TWO IS THE EMOTION AND LOCAL PLANNING PERMISSION FOR THREE, AND I THINK WE'RE UNDER THREE.
AND SO I THINK THESE SHOULD GO TOGETHER TO THE GOVERNING BODY BY TRANSMITTAL LETTER, NO MOTIONS, IN MY OPINION, NO MOTION IS REQUIRED NOR SHOULD THERE BE A MOTION BECAUSE IT COULD CONFUSE WHICH, WHICH OF THESE SECTIONS, UH, YOU'RE OPERATING UNDER.
SO WE CAN VERY QUICKLY OR EASILY CORRECT THE ISSUES COMMISSIONER CARTER.
IN MY OPINION, THERE'S THAT LEAVES THE THIRD APPLICATION, WHICH IS FOR THE SUP.
[00:50:02]
AND I THINK THIS BODY SHOULD ASK THE APPLICANT TO, TO LET THAT, UH, IF, IF IT'S, IF THERE'S NOT A TIMING ISSUE, UH, JUST REST WITH THE PLANNING DEPARTMENT UNTIL ACTIONS TAKEN ONE WAY OR ANOTHER ON THE OTHER MATTERS THAT HAS OCCURRED, PERHAPS THE APPLICANT, THE COMMISSION COULD GET THE APP.AND ON THE RECORD ON THAT, I DON'T KNOW IF THAT'S ALREADY ON THE RECORD.
DID YOU WANT TO SAY SOMETHING, MR. SONNET? OKAY.
ASKED IF I WOULD GO ON THE RECORD AS FAR AS RESTING WITH THE SEP APPLICATION.
UM, AND I'M COMFORTABLE WITH THAT.
I'M STILL GETTING MY HANDS AROUND THESE OTHER ISSUES.
SO ARE THERE ANY OTHER COMMENTS ON THAT SAID ON THE TEXT AMENDMENT THAT BASICALLY GIVES US THE POWER, THE ABILITY, ONE OF US JUST THOUGHT OF A GREAT IDEA.
WE CAN MAKE A MOTION IN THAT ONE OF OUR MEETINGS WITHOUT SOMEBODY COMING UP AND GO FIRST, I ACTUALLY ALREADY HAVE MET HIM TO THAT EFFECT, BUT THE MOTION HAS NOT RETAIN THE REQUIRED LANGUAGE FROM THE CODE OF VIRGINIA.
AND, UH, AND THAT WAS THAT'S WHAT MADE IT ACTIVE AND THE DIFFERENT PATH WE'RE GOING DOWN.
IN THIS INSTANCE, IT WAS BROUGHT BY A PROPERTY OWNER, BUT I WAS JUST ASKING YOU A HYPOTHETICAL.
SO I AGREE WITH YOUR HYPOTHETICAL.
IF I WAS JUST READING THE CODE AND I HAD A BRIGHT IDEA, I WANTED TO CHANGE SOMETHING.
I CAN COME TO ONE OF OUR PLANNING COMMISSION MEETINGS MAKE A MOTION WITHOUT THAT HAPPENING, GENERATED BY EIGHT.
SO I WOULD READ THIS AND I GIVES US THAT ABILITY.
AND I WOULD GIVE THEM THAT
I CAN BARELY EASILY YOU BECAUSE YOU'VE ALREADY TAKEN ONE MOTION ON THE RECORD.
I COULD DRAFT A MOTION, INITIATING THE EXACT SAME TEXT AMENDMENT, INCLUSIVE OF THE LANGUAGE INCLUDED THE GO TO VIRGINIA, THE JOB WOULD'VE BEEN CONSIDER THAT BULLET ON HOW, WHETHER IT WAS PROPERLY OR IMPROPERLY.
I SAID, THAT SOUNDS LIKE IT'S LOOSE.
IT'S REMAINING THE EXTRA WAY UP.
AND YOU CAN DO IT IN THAT WAY.
THAT WOULD GO RIGHT THE WRONG, RIGHT? YEAH.
I THINK YOU MENTIONED, WELL, IN MY OPINION, THERE IS NO WRONG AT THIS POINT.
IT WAS JUST A PROCEDURAL ERROR, BUT IT JUST IT'S IT'S WHATEVER WAS ATTEMPTED, UH, IS AN LT.
IS IT THERE? THERE'S THE ONE I WOULD SEE IS THAT THERE WAS AN INTENT TO CREATE A MOTION THAT WAS NOT CREATED.
AND IF THERE WAS INTENT TO CREATE EMOTION THAT WAS DONE IT PROPERLY AND WOULDN'T THAT BE WRONG, BUT WELL, BUT, BUT THEN UNDER PATH, NUMBER THREE, YOU DON'T NEED EMOTION.
SO I WORRY THAT IT CONFUSES IT, COMPOUNDS IT RATHER THAN SIMPLIFIES IT TO, TO, TO HAVE ANOTHER MOTION.
UNDER III DOESN'T SEEM THAT EMOTION IS NEEDED TO TAKE ANY ACTION.
I THINK YOU NEED, UM, CONSENSUS, CONSENSUS THAT THAT'S, UH, THE STEP TO BE TAKEN, WHICH IS TO FORWARD BOTH OF THESE, UH, BOTH THE COMP PLAN, UH, INITIATION APPLICATION COMP PLAN, AMENDMENT INITIATION APPLICATION, AND, UH, THE PETITION TO AMEND THE TEXT, UH,
[00:55:02]
TO THE GOVERNING BODY.I GUESS, HOW IS THAT DIFFERENT THAN I KNOW BEFORE WE DIDN'T ASK THOSE SPECIFIC TEXTS, BUT I THOUGHT IN A PART OF THE ISSUE HERE IS A WORK SESSION WEEKEND.
WELL, THAT'S NOT FORMAL ACTION.
IT'S JUST, THAT'S JUST LIKE A CONSENSUS OF THE BODY THAT YES.
THAT'S THE WAY FORWARD, WHICH IS FOR STAFF TO, BEFORE THESE, TO THE GOVERNING BODY.
I GUESS TO ME, WHAT ARE WE CONCERNED WITH? WHAT WE DON'T.
WELL, BUT W BUT WE'RE HERE TONIGHT.
UH, SO NO REASON WHY THE STAFF CANNOT AUTOMATICALLY SEND IT TO COUNSELING.
I'LL ACTUALLY THEY'D COME TO THE PLANNING COMMISSION AND THE PLANNING COMMISSION AND SAY, SEND IT TO COUNCIL.
WELL, I GUESS, I GUESS THE CONSENSUS WOULD BE THAT THERE'S THERE'S AGREEMENT ON THE PROCESS.
I WAS BORN BECAUSE I HAVE NO CONTROL OVER COUNCIL'S AGENDA.
THAT'S DONE THROUGH THE ACCOUNT MANAGER'S OFFICE.
SO I POUR THESE REQUESTS FOR THE TOWN MANAGER'S OFFICE.
HE WOULD PRESENT IT TO COUNCIL AND WORK WITH THE COUNCIL AS TO THEY WOULD BE PROPERLY PLACED.
YOU'RE SAYING, THAT'S WHAT I THINK I JUST SAID IS THAT YOU DON'T NEED TO CONSIDER THAT I DON'T TAKE IT DIRECTLY TO COUNCIL.
I WOULD TAKE IT TO THE TOWN MANAGER AND
THE ONLY REASON I RAISED IT IS BECAUSE THAT'S, WE'RE HERE FOR THAT AGENDA ITEM.
SO THAT SOUNDS LIKE ANOTHER STEP IN THE PROCESS.
NOW THAT'S GOING TO, FROM THE OTHER STUFF THAT WILL BE IN THE FLOW WILL BE IN THE FLOW CHART.
THAT'S THE KIND OF MANAGER FIRST.
AND THEN IT GOES FROM TOWN MANAGER NEEDED ON THE AGENDA.
AND THEN IT GOES BEFORE THE COUNCIL.
AND THEN DID HE SAY YES OR NO? AND THEN IF THEY SAY YES, AND IT COMES BACK TO THE PLAIN COMMISSION, AND THEN THERE'S ONE MORE REVIEW PROCESS AT THE PLANNING COMMISSION TO GET THE FLOW CHART, AND WE CAN ARGUE IT OUT AT THE NEXT ONE.
AND THEN WE'LL JUST NEED A CONSENSUS TO MOVE EVERYTHING FORWARD.
I MEAN, I CALL IT INSTRUCTION TO STAFF.
YOU WISH ME TO FORWARD THE COMPREHENSIVE PLAN AMENDMENT AND THE ZONING TEXT AMENDMENT TO THE TOWN MANAGER'S OFFICE.
SO IT CAN BE PRESENTED TO COUNCIL AT WHICH TIME COUNCIL WILL DECIDE, YOU KNOW, WHICH AGENDA WILL BE PLACED ON CONSENSUS.
I DON'T KNOW HOW WE DETERMINE THAT WE NEED INGREDIENT QUESTION.
UM, SO SHALL FORWARD, SUCH PETITION TO THE GOVERNING BODY IS THE TOWN MANAGER CONSIDERED THE GOVERNING BODY.
AND IF NOT, THEN I DON'T KNOW HOW WE DO THAT.
WELL, THE TOWN MANAGER IS THE AGENT FOR THE GOVERNING, BUT GETTING IT TO THE TOWN MANAGER, YOU WILL GET IT TO THE GOVERNING BODY.
HE'S THE, HE'S THE AGENT DON'T DO IT.
I JUST WANT TO GO THE ARC WITH ME.
I'LL WALK US ON THEIR AGENDA THAT THEY WORKED WITH THAT GENTLEMEN OVER THERE ABOUT WHAT GOES ON THEIR AGENDAS AS WELL.
THERE IS NO OTHER MATTERS THERE.
SECOND, JUST ONE POINT OF CLARITY.
WHAT'S, WHAT'S THE, UH, THE STATUS OF THE SUP APPLICATIONS VIA, AGAIN, THE APPLICANT HAS GONE ON RECORD SAYING THAT HE'S SATISFIED THAT THAT JUST BE HELD AT A BAY AND SAID THEY WILL HAVE BUILDER'S ACTION ON THE OTHER TWO APPLICATIONS BY THE GOVERNING BODY.
I JUST, I JUST WANT TO MAKE, YOU KNOW, IF IT'S POSTED TIME, IS IT TIME AND ALL THAT? SO IT WAS THE FIRST TIME THE OTHER TWO HAVE RUN THEIR PATH.
THAT'S SOMETHING WE CAN WORK OUT.
THAT'S NOT OUR BUSINESS, IT'S MINE.
I JUST WANT TO MAKE SURE THAT WHENEVER WHATEVER AGENDA THEY WANT THEM TO HAVE, WE HAVE TO DO THE ADVANCED ADVERTISEMENT.
SO I NEED TO START THE MOUNTAIN OF ADVANCE NOTICE TO MAKE SURE IT COULD BE ADVERTISED.
DO YOU REMEMBER GOING TO SET A DATE FOR ANOTHER WORK SESSION NEXT MONTH TO HAVE A FLOW BOARD? OR DO YOU WANT TO WAIT TILL OUR NEXT, UH, REGULAR STUFF THAT OUR NEXT REGULAR MEETING, WE SET THE WORK SESSION.
[01:00:06]
WHEN DO YOU TAKE OFFICE? I THINK SO.I MIGHT BE IN OKLAHOMA FOR A WEEK FOR NATIONAL PARKS THANKSGIVING.
ISN'T THAT THE THIRD, WEDNESDAY BEFORE THANKSGIVING, RIGHT.
I WONDER WHAT NEXT WE'RE GOING TO HAVE TO.