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[CALL TO ORDER ]

[00:00:03]

>> GOOD EVENING EVERYBODY.

I WOULD LIKE TO CALL THE PLANNING COMMISSION MEETING FOR NOVEMBER THE 18TH TO ORDER.

CALL THE ROLL, PLEASE.

>> MR. SIMMONS?

>> HERE.

>> MRS. ELDER?

>> HERE.

>> MR. BRESCO? MR. JOYNER? MR. EASTER?

>> HERE.

>> MR. BROWN?

>> HERE.

>> MR. BROCKWELL?

>> HERE.

>> THANK YOU.

>> THANK YOU, MA'AM. WE DO HAVE FOUR.

WE HAVE SEVEN ON THE ROLL, SO WE HAVE A QUORUM AND THEREFORE, WE CAN MOVE AHEAD WITH OUR MEETING.

AT THIS TIME, WE'LL HAVE THE PRAYER AND, WHAT DO YOU CALL IT? THE PLEDGE OF ALLEGIANCE.

I'M GOING TO ASK [BACKGROUND] MR. SIMMONS AND MR. BROCKWELL.

>> [BACKGROUND] HEAVENLY FATHER, WE WE LOOK FORWARD TO THIS OPPORTUNITY TO COME BEFORE YOU TO CONDUCT THE [INAUDIBLE] IN THIS COUNTY.

WE SEEK YOUR GUIDANCE AND YOUR COUNSEL, AND ENSURE THAT WE DO WHAT'S FAIR FOR THE COUNTY AND FAIR FOR THE PUBLIC. AMEN.

>> PLEDGE.

>>

>> THANK YOU SO MUCH. YOU MAY BE SEATED.

[NOISE] WE HAVE OUR [BACKGROUND] PUBLIC COMMENTS.

DO WE HAVE ANY PUBLIC COMMENTS? THANK YOU. ANY PUBLIC COMMENTS THAT IS FROM THE PUBLIC? PUBLIC; WE CONSIDER THE AUDIENCE AS PUBLIC.

THERE BEING NONE, I CLOSE THE PUBLIC HEARING.

THE ADOPTION OF THE AGENDA.

[ADOPTION OF AGENDA ]

WE CAN HAVE THE ADOPTION OF THE AGENDA.

>> I MAKE A MOTION, WE ADOPT THE AGENDA.

>> SECOND.

>> IT'S BEEN MOTIONED AND SECOND THAT THE AGENDA FOR TONIGHT BE ADOPTED.

CALL THE ROLL, PLEASE.

>> MRS. ELDER?

>> YES.

>> MR. EASTER?

>> YES.

>> MR. SIMMONS.

>> YES.

>> MR. BROCKWELL?

>> YES.

>> MR. BROWN?

>> YES. THANK YOU SO MUCH. THANK YOU SO MUCH.

[ORDER OF BUSINESS]

NEXT, WE HAVE THE ORDER OF BUSINESS.

THE ORDER OF BUSINESS WILL BE TONIGHT.

LET'S SEE. FIRST, THE APPROVAL OF THE MINUTES.

YOU'LL FIND THEM UNDER TAB 2, FROM OUR OCTOBER 28TH MEETING.

CHAIRMAN, IF YOU WILL REVIEW THOSE, AND IF WE NEED TO MAKE ANY CORRECTION OR DELETIONS, WE'LL DO THAT NOW.

>> MR. CHAIRMAN?

>> YES, SIR.

>> [INAUDIBLE] OR CORRECTIONS [INAUDIBLE] WOULD BE APPROVED AND SECONDED.

>> I HAVE A MOTION THAT THE MINUTES FROM THE OCTOBER 28TH MEETING BE APPROVED. DO I HEAR A SECOND?

>> SECOND.

>> IT'S MOVED AND SECOND THAT THE MINUTES BE APPROVED.

CALL THE ROLL, PLEASE.

>> MR. BROWN?

>> YES.

>> MR. BROCKWELL?

>> YES.

>> MR. SIMMONS?

>> YES.

>> MR. EASTER?

>> YES.

>> MRS. ELDER? MRS. ELDER? MRS. ELDER, CAN YOU HEAR ME? [BACKGROUND] I SEE YOU NODDING YOUR HEAD.

I'M SORRY. I CAN'T HEAR YOU.

[00:05:02]

OKAY. [LAUGHTER] I GOT YOU. THANK YOU.

>> YOU GOT IT COMPLETED? OKAY. THANK YOU. THANK YOU SO VERY MUCH.

MINUTES HAVE BEEN APPROVED. LET'S SEE.

GO AHEAD, MR. TIM.

GO AHEAD. YOU CAN HAVE THAT.

>> YES, SIR. GOOD EVENING, CHAIRMAN BROWN AND COMMISSIONERS.

>> GOOD EVENING, SIR.

MR. [INAUDIBLE].

THIS IS A SUBDIVISION WAIVER REQUEST OF TIMOTHY AND TAIRA CIBULA FOR A MINOR SUBDIVISION EXCEPTION AS SET OUT IN COUNTY CODE SECTION 8231 AND 82351.

AUTHORIZED UNDER SECTION 7208 TO PERMIT A MINOR SUBDIVISION CREATING ONE ADDITIONAL LOT OF NO LESS THAN FIVE ACRES WITHOUT CONNECTING TO PUBLIC WATER AND SEWER SYSTEMS FROM A PARCEL LOCATED IN THE PRINCE GEORGE PLANNING AREA AND WITHIN AN RA ZONING DISTRICT AND WITH THE REMAINDER TRACT MEETING APPLICABLE ZONING REQUIREMENTS.

SUBJECT PROPERTY IS KNOWN AS TAX MAP 150-0A-000310 AND IS LOCATED AT 11201 MERCHANTS HOPE ROAD.

THIS IS A MAP OF THE PROPERTY SHOWING THE BOUNDARIES HERE.

YOU HAVE A 240 ACRE PROPERTY AS IT STANDS TODAY.

YOU CAN SEE THE LOCATION WITHIN THE COUNTIES IN THE NORTHEASTERN PORTION NEAR JAMES RIVER DRIVE.

THIS IS AN AERIAL VIEW OF THE PROPERTY.

IT'S OPERATED AS A FARM.

THE BACKGROUND OF THIS REQUEST IS THAT THE APPLICANTS WANT TO DIVIDE OFF 30 ACRES FROM THAT 240-AND-A-HALF ACRE PARCEL THAT WE'RE LOOKING AT IN ORDER TO BUILD A HOUSE TO LIVE IN WHILE RUNNING A FARM BUSINESS ON THE SURROUNDING FARM PROPERTY.

THE APPLICANT SUBMITTED A SUBDIVISION PLAT SHOWING THE DESIRED DIVISION.

THE COUNTY CODE REQUIRES THAT ALL DEVELOPMENT, INCLUDING SUBDIVISIONS OF ONE OR MORE LOTS, ALL SUBDIVISIONS WITHIN THE PRINCE GEORGE PLANNING AREA SHALL CONNECT TO COUNTY PUBLIC WATER AND SEWER SYSTEMS AT THE DEVELOPER'S EXPENSE.

IN THE STAFF REPORT, WE PROVIDED THE TRAIL OF ORDINANCE REQUIREMENTS THAT LEAD TO THAT.

IT IS IMPORTANT TO NOTE THE EXISTING PUBLIC WATER INFRASTRUCTURE IS APPROXIMATELY FOUR MILES AWAY AND THE EXISTING PUBLIC SEWER INFRASTRUCTURE IS APPROXIMATE TWO-AND-A-HALF MILES AWAY.

THIS IS A PLAT SHOWING THAT PROPOSED DIVISION OF 30 ACRES, THE RECTANGULAR PIECE THERE IN THE MIDDLE OFF OF THE 240 ACRES.

THAT PLAT IS IN THE STAFF'S OFFICE FOR REVIEW.

THE STAFF CANNOT APPROVE THIS UNTIL THIS MATTER IS CONSIDERED BY THE PLANNING COMMISSION.

JUST AS A REFRESHER, THIS MAP SHOWS THE PRINCE GEORGE COUNTY PLANNING AREA.

THE TAN COLOR ON THE INNER PORTION OF THE COUNTY IS THE PRINCE GEORGE PLANNING AREA.

THE GREEN AREA IS THE RURAL CONSERVATION AREA.

THE COMPREHENSIVE PLAN CREATES THAT PRINCE GEORGE PLANNING AREA AND ESTABLISHES IT AS THE PLANNED GROWTH AREA FOR DENSE SUBURBAN TYPE DEVELOPMENT.

THAT'S WHERE THAT BASELINE REQUIREMENT COMES FROM FOR WATER AND WASTEWATER INFRASTRUCTURE TO BE CONNECTED TO DEVELOPMENT IN THAT AREA.

THIS IS A MAP OF THE SUBJECT PROPERTY AGAIN, SHOWING THE ZONING, JUST TO SHOW THAT IT IS IN THE RA ZONING DISTRICT AND THERE IS SOME R-2 ZONING ALONG THE FRONT PORTION ON MERCHANTS HOPE ROAD.

YOU CAN ALSO SEE ON THIS SLIDE HOW CLOSE IT IS TO THE RURAL CONSERVATION AREA, WHICH IS VISIBLE IN THE SOUTHERN PART OF THE MAP IMAGE THERE.

TO CONTINUE THE BACKGROUND HERE, THERE ARE TWO EXCEPTIONS TO THAT REQUIREMENT TO CONNECT TO PUBLIC UTILITIES, THOSE EXCEPTIONS ARE FOR FAMILY TRACT DIVISIONS.

FOR A TRANSFER TO A FAMILY MEMBER, THEY DO NOT HAVE TO CONNECT TO PUBLIC UTILITIES IN THAT SITUATION.

THE OTHER EXCEPTION IS A MINOR SUBDIVISION CREATING ONE ADDITIONAL LOT OF NO LESS THAN FIVE ACRES.

NOW, THAT EXCEPTION IS ONLY ALLOWED IF THE PARCEL IS LOCATED IN THE PRINCE GEORGE PLANNING AREA, IS ZONED R-A OR A-1, AND IF THE REMAINDER TRACT MEETS APPLICABLE REQUIREMENTS, AND AS LONG AS THAT IS AUTHORIZED BY THAT SECTION OF THE ORDINANCE, WHICH BASICALLY SAYS THAT THE PLANNING COMMISSION IS AUTHORIZED TO GRANT THESE EXCEPTIONS AFTER CONSIDERATION.

[00:10:02]

AGAIN, THIS EXCEPTION WILL ALLOW THE APPLICANTS TO SUBDIVIDE THAT PIECE OF PROPERTY AND HAVE THE HOUSE ON THAT LOT BE SERVED BY PRIVATE WELL AND SEPTIC INSTEAD OF PUBLIC UTILITIES.

>> [INAUDIBLE]

>> SURE.

>> WHAT IS THE DIFFERENCE IN THE DEFINITION OF A FAMILY TRACK DIVISION AND A MINOR SUBDIVISION?

>> WELL, A MINOR SUBDIVISION IS EXACTLY WHAT YOU SEE THERE; IT'S SOMETHING THAT MEETS THAT CRITERIA, IT'S LESS THAN FIVE ACRES IN THE PLANNING AREA, ETC.

A FAMILY TRACT DIVISION IS ANY SUBDIVISION OF LAND WHICH IS CONVEYED TO A FAMILY MEMBER AS DEFINED BY THE STATE CODE; USUALLY IT'S LIKE AN UNCLE, OR A BROTHER, IMMEDIATE FAMILY MEMBER.

>> THE CIBULAS WILL BE THE OWNER OF THE MINOR SUBDIVISION AS WELL AS THE REMAINING [OVERLAPPING]

>> THEIR INTENDED TRANSFER IS FROM THEMSELVES TO THEMSELVES.

THEY'RE JUST DIVIDING ONE TRACT INTO TWO TRACTS.

>> SO WHY ISN'T THAT A FAMILY TRACT DIVISION?

>> IT DOESN'T MEET THE CODE [OVERLAPPING] DEFINITION FOR FAMILY TRACT DIVISION.

THE PLOT THAT'S IN OUR OFFICE DOES SAY "FAMILY DIVISION" ON IT, BUT THIS DOES NOT MEET THOSE REQUIREMENTS.

ONE OF THE CHANGES FOR THE PLOT IS THAT IT WILL NEED TO BE RENAMED TO NOT INCLUDE THE WORD "FAMILY".

THOSE APPLICANTS, WITH THIS EXCEPTION OUT THERE AND THE OPTION OUT THERE FOR THEM TO ASK FOR THIS EXCEPTION, THEY APPLIED FOR THIS, AND THEIR REASONING IN MAKING THIS REQUEST WAS BASED ON THEIR APPLICATION MATERIALS AND DISCUSSIONS WITH THEM AND UNDERSTANDING WHERE THE COUNTY INFRASTRUCTURE IS TODAY, THEIR REASONING IS THAT THEIR PLANS, FIRST OF ALL DO NOT QUALIFY FOR THE FAMILY SUBDIVISION.

THEY DO WANT TO LIVE ON THE FARM THAT THEY WORK ON, AND THEY WISH TO HAVE A HOUSE ON A SEPARATE PARCEL FROM THE FARM BECAUSE THEY PLAN TO USE THE FARM PROPERTY AS COLLATERAL FOR A BUSINESS LOAN AND THEY DON'T WANT TO RISK THE HOUSE ALONG WITH THAT, THE HOUSE THAT THEY WILL LIVE IN, AND THEY DO NOT WANT TO HAVE TO EXTEND THE PUBLIC WATER 4 MILES AND THE SEWER 2.5 MILES TO SERVE THIS DEVELOPMENT.

PLANNING COMMENTS, WE'VE GONE THROUGH A LOT OF THOSE.

WE DID AGAIN PROVIDE ALL THE ORDINANCE REQUIREMENTS IN THE STAFF REPORT.

THE PLOT WAS SUBMITTED BY THE APPLICANT, IT'S STILL UNDER REVIEW PENDING THIS DECISION AND FURTHER REVIEW AND SIGNATURE BY THE COUNTY OFFICIALS.

THE COMMENTS TO THE SURVEYOR WILL COME AFTER THIS MEETING, AND THE PLOT WILL NEED TO MEET ALL APPLICABLE REQUIREMENTS BEYOND JUST THIS ONE.

THE UTILITIES DEPARTMENT COMMENTS WERE FIRST OF ALL, HOW FAR AWAY THE UTILITY INFRASTRUCTURE WAS, WHICH WE'VE COVERED.

BUT THEY ALSO SAID IF THE PUBLIC UTILITIES ARE EXTENDED ALONG MERCHANTS HOPE ROAD, FOR EXAMPLE, IN THE FUTURE, THE NEW PARCEL WOULD BE REQUIRED TO CONNECT AT THAT TIME.

NOW THERE IS SOME ADDITIONAL LANGUAGE IN THE UTILITIES ORDINANCE THAT GOVERNS THAT SITUATION, SO THAT WOULD APPLY AT THAT TIME.

THEY ALSO NOTED THAT ANY FURTHER DEVELOPMENT WOULD REQUIRE CONNECTION TO PUBLIC UTILITIES.

IF THEY TRY TO DIVIDE ONE OF THESE PARCELS IN THE FUTURE, THAT WOULD BE REQUIRED TO CONNECT TO PUBLIC UTILITIES.

THIS EXCEPTION THAT YOU'RE CONSIDERING IS JUST FOR THIS ONE 30-ACRE PARCEL TO BE DIVIDED OFF.

IF THE COMMISSION DOES DECIDE TO APPROVE THIS REQUEST, THESE ARE THE CONDITIONS THAT STAFF RECOMMENDED AND THEY MAINLY JUST CLARIFY THE SITUATION.

NUMBER 1, PRIVATE WATER AND SEPTIC ARE PERMITTED WITH VIRGINIA DEPARTMENT OF HEALTH APPROVAL ON THE NEWLY DIVIDED PARCEL TO SERVE PERMITTED USES.

NUMBER 2, ANY FURTHER DEVELOPMENT WOULD REQUIRE CONNECTION TO PUBLIC UTILITIES IN ACCORDANCE WITH THE COUNTY CODE.

NUMBER 3, SHOULD PUBLIC UTILITIES BE EXTENDED IN THE FUTURE, THE NEWLY DIVIDED PARCEL WOULD BE REQUIRED TO CONNECT AT THAT TIME AND PAY ALL ASSOCIATED FEES, IN ACCORDANCE WITH APPLICABLE COUNTY CODE REQUIREMENTS.

THE FOURTH CONDITION WOULD BE THAT THE SUBDIVISION PLOT THAT MAY BE APPROVED WITH THIS WAIVER SHALL MEET ALL OTHER APPLICABLE REQUIREMENTS AS APPROVED BY THE SUBDIVISION AGENT.

THESE ARE JUST BASIC REQUIREMENTS AGAIN TO SOLIDIFY WHAT WE'VE DISCUSSED.

IN THIS PARTICULAR CASE,

[00:15:01]

STAFF IS NOT PROVIDING ANY RECOMMENDATION REVIEWED AS SIMILAR TO VARIANCE REQUESTS, WHICH GOES TO THE BOARD OF ZONING APPEALS.

THERE IS CRITERIA IN THE COUNTY CODE ABOUT WHAT THE COMMISSION CAN USE IN THE DECISION, AND THAT CRITERIA IS HERE FOR YOU TO SEE.

NUMBER 1 IS, THE WORDING IN THE ORDINANCE IS, "IN CASES OF UNUSUAL SITUATIONS OR WHERE STRICT ADHERENCE TO THE GENERAL REGULATIONS IN THIS ORDINANCE WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP." THAT'S ONE OF THE CRITERIA THAT NEEDS TO BE MET.

ANOTHER ONE IS, "NO WAIVER SHALL BE GRANTED WHICH IS ILLEGAL OR WHICH WOULD PREJUDICE THE HEALTH OR SAFETY OF CITIZENS OF THE COUNTY." THE THIRD CRITERIA IS THAT "ANY REMAINDER TRACT NEEDS TO MEET APPLICABLE ZONING REQUIREMENTS." THAT'S UP TO THE COMMISSION FOR CONSIDERATION HERE, AND THERE'S THE CRITERIA THAT'S PROVIDED IN THE COUNTY CODE FOR THIS TYPE OF REQUEST.

LET US NOW LOOK AT THE PLOT.

I'M AVAILABLE IF YOU HAVE ANY QUESTIONS FOR STAFF AND THE APPLICANTS, TIMMY AND TAIRA CIBULA, ARE ALSO HERE IF YOU HAVE QUESTIONS FOR THEM ABOUT THEIR PLANS.

>> GENTLEMEN, YOU HAVE HEARD THE CASE, DO YOU HAVE ANY QUESTIONS FOR TIM?

>> I HAVE ONE. IS THERE ANY SIGNIFICANCE TO THE PLOT THAT'S GOING TO BE RECORDED OR RECORDED AS A CIBULA FAMILY DIVISION AS IT'S TITLE? [OVERLAPPING]

>> IT WOULD NOT BE RECORDED THAT WAY.

>> VERSUS A SMALL SUBDIVISION?

>> THE FINAL PLOT WOULD PROBABLY SAY CIBULA DIVISION OR SOMETHING SIMILAR TO THAT.

IT WOULD NOT SAY "CIBULA FAMILY DIVISION".

THIS IS JUST BASICALLY A DRAFT.

IT'S BEFORE COUNTY COMMENTS HAVE BEEN PROVIDED FOR THIS, IT'LL BE UPDATED BY THE SURVEYOR.

>> I GET YOU BUT STILL I'M A LITTLE CONFUSED ABOUT WHAT'S GOING ON.

[NOISE] I'M JUST TRYING TO UNDERSTAND.

[NOISE] WHILE I KNOW THEY DON'T WANT TO EXPOSE THEIR WHOLE PROPERTY, THE 240 DIVISIONS, ACRES IN CASE THERE'S A LEGAL ACTION FOR OR AGAINST THEM AND SO THEY TOOK OUT 30 ACRES AND SAID THAT'S GOING TO BE THEIR HOME.

[INAUDIBLE] .

>> YES, THAT'S CORRECT.

>> WILL THEY BE ALLOWED TO SUB-DIVIDE THAT 38 PERCENT IN THE FUTURE?

>> THEY WOULD REALLY REQUIRE TO CONNECT ANY FURTHER SUBDIVISION TO PUBLIC UTILITIES.

>> OF COURSE. WOULD THEY WOULD BE ABLE TO SELL LOTS ON THEIR 38 PERCENT?

>> IF THEY DID, THEN THAT DEVELOPER THAT SUBDIVIDES THAT PROPERTY WOULD HAVE TO CONNECT PUBLIC UTILITIES.

THE SAME REQUIREMENT THAT CURRENTLY APPLIES WOULD APPLY IN THAT SITUATION AND THIS EXCEPTION WOULD JUST EXEMPT THIS 130 ACRE DIVISION FROM THAT.

ANY FUTURE DIVISIONS OF THAT WOULD HAVE TO CONNECT.

>> THAT CLEAR YOU?

>> YEAH, IT DID.

>> ANY OTHER QUESTIONS?

>> HERE'S A QUESTION REGARDING SUBDIVIDING.

IF IN FACT YOU SUB-DIVIDE, I UNDERSTAND THAT YOU SUB-DIVIDE THE 30 ACRE QUALIFIED PIECE, THAT WOULD BE REQUIRED TO CONNECT TO PUBLIC WATER AND SEWAGE.

>> THAT IS THE STANDARD REQUIREMENT AND THAT'S WHAT THEY'RE REQUESTING EXCEPTION TO.

>> NO.

>> OKAY.

>> HERE, AS I UNDERSTOOD THE QUESTION, I ASKED THAT OF THE 30 ACRES THAT ARE BEING CARVED UP, IF YOU SUBDIVIDE IT INTO ALL OTHER FIVE ACRES PIECES, WOULD THOSE FIVE ACRE PIECES HAVE TO CONNECT TO PUBLIC WATER AND SEWAGE?

>> YES.

>> OKAY.

>> YOU MENTIONED A DISTANCE, FOUR MILES AND TWO MILES OR SOMETHING LIKE THAT, TO WATER AND TO SEWAGE.

DO YOU HAVE ANY IDEA WHAT THAT COST IS?

>> I DO NOT.

>> JUST [INAUDIBLE] DO THAT.

>> IT'S NOT OUR CONCERN.

>> MR. CHAIRMAN, I CAN ASSIST WITH THAT ANSWER.

WE RAN THE WATERLINE THREE MILES DOWN SANDY RIDGE ROAD, APPROXIMATELY 10 YEARS AND IT WAS OVER THREE MILLION DOLLARS FOR THREE MILES.

THE BASIS FOR THIS WAIVER REQUESTS FOR A ONETIME LOT DIVISION IS

[00:20:05]

BASED ON THE ECONOMIC FEASIBILITY OF CONNECTING TO WATER AND SEWER.

IT WOULD BE MILLIONS OF DOLLARS.

>> YES, I SUPPOSE I'VE HEARD CLOSE. OKAY.

>> JUST A MOMENT. THAT CLEAR?

>> YES, I WAS JUST SITTING COSTS.

CAN YOU SUBDIVIDE THE PROPERTY?

>> YES. FOR THE SUBDIVISION QUESTION BY RIGHT, THEY COULD SUB-DIVIDE THE ENTIRE 240 ACRES TODAY AND WOULD NOT NEED ANY APPROVALS FROM THE PLANNING COMMISSION.

BUT WHEN THEY DO, IF THEY DID, THEY WOULD HAVE TO RUN WATER AND SEWAGE TO THE PROPERTY.

IT WOULD HAVE TO BE ECONOMICALLY FEASIBLE FOR THEM TO SUB-DIVIDE, BUT THIS EXCEPTION IN THE CODE EXIST FOR A ONETIME ONE LOT ONLY.

[BACKGROUND] YES, IF THERE'S ANY SUBDIVISION, THAT WOULD BE BY RIGHT SUBDIVISION.

>> IF THEY WERE TO TAKE THAT 38 PERCENT IMMEDIATELY WITH 100 INTO SIX SLOTS ACRE WATTS, WHAT WOULD THE SOLUTION BE ABOUT THEM BEARING THE COST OF EXTENDING WATER AND SEWAGE?

>> IF THEY FELT IT WAS ECONOMICALLY FEASIBLE TO RUN WATER AND SEWAGE FOR SIX SLOTS, THEN THEY COULD BY RIGHT DIVIDE INTO FIVE-ACRE LOTS.

SIX IN MY OPINION, WOULD NOT BE ENOUGH.

>> OKAY. YOU'VE FINISHED?

>> YES.

>> OKAY, GO AHEAD.

>> BUT THEY CAN DO THAT NOW IF THEY WANTED TO.

>> IF THEY WANTED TO, YEAH.

>> THE ONLY THING WE'RE DOING IS JUST GIVEN THEM THE ONETIME.

>> ONE LOT, YES.

>> OKAY. I UNDERSTAND.

>> OKAY. YOU'RE CLEAR?

>> WE'RE GOOD.

>> WE'RE GOOD.

>> ALL RIGHT.

>> THANK YOU. WE CAN HAVE THE APPLICANT.

IS THERE APPLICANT WHO'LL WANT TO READ?

>> I DON'T THINK THEY PLAN TO SAY ANYTHING.

>> OKAY. IF THEY DON'T WANT TO SAY ANYTHING THAT'S GOOD.

ANY QUESTIONS FOR THE APPLICANTS, CHAIRMAN?

>> WE'RE GOOD. [LAUGHTER].

>> HOW ARE YOU DOING THIS EVENING?

>> FINE TOO. HOW ARE YOU?

>> GOOD.

>> GOOD.

>> I JUST HAVE ONE QUESTION.

SAY I AND MY KIDS WANT TO DIVIDE A LOT AND BUILD A HOUSE ALL FROM MY 240 ACRE FARM THAT I PAID LOTS OF MONEY FOR IN THIS COUNTY, I DO NOT PLAN ON BUILDING A SUBDIVISION.

I AM A FARMER IN THIS COUNTY, I PLAN ON FARMING THIS PROPERTY UNTIL I GO AWAY FROM HERE.

IF MY KIDS DECIDE THEY WANT TO BUILD A HOUSE, DO THEY HAVE TO CONNECT TO A SEWER AND WATER THROUGH A FAMILY TO DIVISION?

>> NOT FOR A FAMILY TO SUBDIVISION.

IF YOU'RE TRANSFERRING A NEW PIECE OF LAND TO THEM, THEN THIS CONNECTION REQUIREMENT WOULD NOT APPLY.

>> OKAY.

>> THAT'S ALL I WAS ASKING BECAUSE I'M CONCERNED ABOUT LOOKING FOR MY KIDS IN THE FUTURE.

I DON'T WANT TO MAKE A SUBDIVISION, I DON'T PLAN ON MAKING A SUBDIVISION.

CURRENTLY FARM IS MY INCOME, JUST NOT WHAT I'M PLANNING TO DO.

LIKE YOU SAID, I PLAN ON JUST BUILDING A HOUSE ON THIS PIECE OF PROPERTY SO THAT WE CAN LIVE THERE, WORK THERE, AND THAT'S ALL THIS IS REALLY ABOUT, WITHOUT HAVING TO CONNECT TO WATER AND SEWER.

>> ALL RIGHT.

>> THANK YOU SO VERY MUCH.

>> YES, SIR. THANK YOU, MA'AM.

>> CHAIRMAN, JUST TO SAY THE PUBLIC HEARING IS NOW CLOSED AND THERE ARE NO MORE QUESTIONS.

I TURN IT BACK TO THE BOARD.

>> CHAIRMAN, WHAT IS YOUR DECISION ON THIS REQUEST? CAN I HAVE A MOTION OR YOU HAVE OTHER QUESTIONS?

>> I DON'T HAVE ANY MORE QUESTIONS, I'M FINE.

>> ALL RIGHT. JUST A QUICK NOTE, THERE IS A DRAFT RESOLUTION AND THERE ARE SAMPLE MOTIONS, SIR.

>> OKAY.

>> GERALD.

>> YES, SIR. GO AHEAD.

>>YES SIR.

>> MR.

>> YES, SIR.

>> I MOVE TO ADOPT RESOLUTION 21-01 AS PRESENTED AND PROVE THAT NON OTHER SUBDIVISION AS IDENTIFIED TO SW-21-01.

>> I HAVE A MOTION FROM MR. JOE. I HAVE A SECOND.

>> SECOND.

>> SECOND THIS PRO QUO.

THERE'S BEEN MOTION AND SECOND THAT WE APPROVE THIS REQUEST AND WE'RE READY NOW FOR ORDER, PLEASE.

>> THANK YOU.

>> MS. ZELDA.

[00:25:05]

>> MS. ZELDA, IF YOU APPROVE AND GIVE US A THUMBS UP.

>> OKAY.

>> SHE SAYS YES.

>> MR. EASTER?

>> YES.

>> MR. SIMMONS.

>> YEAH.

>> MR. BLACKWELL?

>> YES.

>> MR. BROWN?

>> YES.

>> THANK YOU.

>> THE REQUEST HAS BEEN APPROVED AND WE CONGRATULATE YOU.

THANK YOU SO VERY MUCH FOR COMING BEFORE US.

TURN BACK TO THE STAFF.

>> GOOD EVENING MR. CHAIRMAN, MEMBERS OF THE COMMISSION.

>> GOOD EVENING.

>> ITEM A3 ON YOUR AGENDA IS THE REVIEW OF THE FINAL DRAFT BATTERY STORAGE ORDINATES AMENDMENT.

YOU CAN FIND THAT BEHIND TAB 4 IN YOUR PACKET.

WE HAVE REVIEWED THIS WITH THE COMMISSION TWO TIMES NOW.

JUST WANTED TO GIVE YOU A LAST OPPORTUNITY IF YOU HAD ANY REVISIONS OR ANY COMMENTS THAT YOU WOULD LIKE TO RELATE TO MYSELF AND THE COUNTY ATTORNEY, MR. WITTEN, SO THAT WE CAN WORK ON THE FINAL LANGUAGE FOR THE DRAFT ORDINANCE AND ALSO TO SCHEDULE THE ORDINANCE AMENDMENT FOR YOUR PUBLIC HEARING.

AT THIS TIME IF YOU HAVE ANY ADDITIONAL COMMENTS ON THIS OR ANY POTENTIAL REVISIONS, I'D BE HAPPY TO MAKE NOTE OF THOSE AND THEN ALSO WE CAN DISCUSS OUR HEARING DATES.

>> GENTLEMEN, YOU HEARD. DO YOU HAVE ANY COMMENT, ANY QUESTION, CONCERN? MR. EASTER.

>> NO, I DON'T.

>> NO, WE DON'T HAVE ANY. MOVE AHEAD, MA'AM.

>> LOOKING AT YOUR UPCOMING HEARING SCHEDULES, WE HAVE LOOKING AT DOING THE ADVERTISEMENTS FOR EITHER JANUARY OR FEBRUARY.

THIS ORDINANCE AMENDMENT, CURRENTLY IN JANUARY.

WE HAVE THE ORDINANCE AMENDMENT FOR THE TOWNHOUSE DISTRICT, WHICH IS A NEW ZONING DISTRICT FOR PRINCE GEORGE.

WE ALSO HAVE A REZONING.

OH, I'M LOOKING AT THE WRONG SCHEDULE.

EXCUSE ME, MR. CHAIRMAN. I APOLOGIZE.

>> IT'S ALL RIGHT, MA'AM.

>> LET ME BACK UP. IN JANUARY YOU HAVE THE BRIGHT VIEW SPECIAL EXCEPTION, WHICH IS A SPECIAL CARE MEDICAL HOSPITAL FACILITY USE.

WE ALSO HAVE THE REZONING CASE FOR THE TOWNHOUSE PROJECT ON PRINCE GEORGE DRAFT.

I WAS LOOKING AT POSSIBLY ON FEBRUARY TO DO THE ORDINANCE AMENDMENT FOR THE BATTERY STORAGE, BUT YOUR OTHER OPPORTUNITY IS IN JANUARY.

WHICHEVER THE CHAIRMAN AND THE COMMISSION PREFER, WE CAN DO THE THREE CASES IN JANUARY OR WE CURRENTLY HAVE AN OPENING IN FEBRUARY TO DO THE ORDINANCE, IF YOU HAD ANY PREFERENCE.

JANUARY WE WILL ALSO DO YOUR OWN ORGANIZATIONAL MEETING AS WELL AS THE TWO PUBLIC HEARINGS.

>> WELL, CHAIRMAN, WHAT DO YOU THINK? DOES THAT SOUND TOO EXTENSIVE TO DO THOSE FOUR CASES IN JANUARY?

>> IT WILL BE ALL RIGHT.

>> WE'RE READY TO GO.

>> YOU'RE READY TO GO? AWESOME. WE WILL PUT IT ON SCHEDULED TO THE JANUARY 24TH MEETING.

>> I'M NOT HERE, MEN, BUT SOMEBODY.

>> CAN I ANSWER ANY OTHER QUESTIONS OR ANY OTHER THING?

>> ANY QUESTIONS?

>> OKAY.

>> SUCH BATTERY STORAGE SYSTEM IS PRIMARILY FOR SOLAR ENERGY.

WE WILL ALLOW FOR FURTHER RESEARCH ON THIS USE OF SOLAR PANEL SYSTEM AND OUT OF THAT [INAUDIBLE].

>> THIS PARTICULAR ORDINANCE IS GOING TO DEAL WITH STAND ALONE BATTERY STORAGE FACILITIES NOT ASSOCIATED WITH SOLAR.

[00:30:01]

THE SOLAR BATTERY STORAGE FACILITIES ARE TYPICALLY INCLUDED IN THEIR COMPOUND, THEIR AREA.

THESE TYPES OF FACILITY OR STAND ALONE FACILITIES THAT ARE NEXT TO THE SUBSTATIONS IN THE COUNTY.

IF YOU RECALL, WHEN WE WERE DISCUSSING THIS ORDINANCE, WE TALKED ABOUT THE LOCATIONS OF SUBSTATIONS IN THE COUNTY.

THIS TYPE OF STORAGE FACILITY IS GEARED TO COVER HIGH DEMAND PERIODS OR BRIEF OUTAGES CAUSED BY A LINE INTERRUPTION, A TRANSFORMER BLOW OR THE POWER COMPANY CAN USE THESE BATTERY STORAGE FACILITIES TO COVER A SPAN OF A CERTAIN TIME PERIOD DURING AN OUTAGE.

THESE FACILITIES ARE DIFFERENT FROM THE ONES RELATED TO THE SOLAR BATTERIES.

>> IF WE DIDN'T HAVE SOLAR FIRMS WE WOULDN'T NEED THESE BATTERY STORAGE FACILITIES.

>>THESE TYPES OF FACILITIES ARE SEPARATE FACILITIES FROM SOLAR.

THEY ARE NOT RELATED TO SOLAR.

>> THAT'S NOT MY QUESTION.

>> OKAY.

>> MY QUESTION IS IF WE DO NOT HAVE SOLAR FACILITIES IN THE COUNTY, WOULD WE NEED AN ORDINARY BATTERY STORAGE FACILITIES?

>> YES. AS STANDALONE USE.

[LAUGHTER]

>> ANY OTHER QUESTIONS?

>> THESE BATTERY SOURCES ARE DESIGNED OR THEIR FORM IS TO [INAUDIBLE]

>> YES SIR.

>> [INAUDIBLE].

>> YES. THE POWER COMPANIES ARE ACTUALLY MANDATED BY FEDERAL AND STATE LAW TO DESIGN SYSTEMS TO PROVIDE BACKUP FOR EMERGENCIES AND FOR OVERLOADS AND THIS IS ONE OF THE SOLUTIONS.

IN THE COUNTY ORDINANCE THIS TYPE OF FACILITY IN IT'S USE IS NOT DEFINED.

THE WAY OUR ORDINANCE WORK, IF IT'S NOT MENTIONED, IT'S NOT ALLOWED.

WE KNOW THESE TYPES OF FACILITIES ARE GOING TO COME AND THEY'RE NEEDED.

WE WANT TO MAKE SURE THAT OUR ORDINANCE ADDRESSES THEM, PROVIDES GUIDANCE AND POLICY AND REGULATIONS ON WHERE THEY'RE INSTALLED, WHAT TYPE OF ACREAGE THEY'RE ON, AND THE PROTECTIVE MEASURES FOR FIRE-FIGHTING PURPOSES, AS WELL AS ANY CONTAMINANTS FROM A BATTERY.

THE ORDINANCE IS DESIGNED TO ADDRESS ANY HAZARDS ASSOCIATED WITH THIS TYPE OF FACILITY AND TO PROTECT THE SURROUNDING AREAS.

>> ALSO DO YOU KNOW THESE COMMERCIAL BATTERIES?

>> AT THIS POINT THEY COULD BE ANYTHING.

WE HAVE NOT SEEN AN APPLICATION AND I HAVE NOT SEEN ANY SPECIFICATIONS ON A LARGE SCALE BATTERY.

THESE THINGS CAN BE THE SIZE OF A POD.

WE SHOWED SOME PICTURES, SOME EXAMPLES.

THEY CAN BE HOUSED INSIDE A BUILDING.

THEY CAN BE SEPARATE CONTAINERS THAT LOOK LIKE A CONTAINER ON THE BACK OF A 18 WHEEL.

THEY CAN LOOK LIKE THAT.

UNTIL I GET SOME TECHNICAL SPECIFICATIONS ON WHAT MIGHT BE PROPOSED I'M IN THE DARK TOO.

>> ANY OTHER QUESTIONS?

>> ANY COMMENTS OR CONCERNS FROM THE STAFF THAT THEY WOULD WANT US TO BE AWARE?

>> I BELIEVE WE HAVE ONE MORE AGENDA ITEM, BUT AS FAR AS BATTERY STORAGE WE WILL GET THE FINAL DRAFT LANGUAGE PREPARED AND ADVERTISED FOR A PUBLIC HEARING.

>>ALL RIGHT.

>> THANK YOU.

>> OKAY. [BACKGROUND]

[COMMUNICATIONS ]

>> ALL RIGHT.

>> GO AHEAD KIM.

>> THE COMMUNICATIONS ACTIONS OF THE BOARD IS ONLY APPEALS.

THE MEETINGS FOR BOTH NOVEMBER AND DECEMBER WERE CANCELED. THERE WERE NO CASES.

[00:35:06]

>> OH, YEAH. I GOT YOU.

>> FOR ACTIONS OF THE BOARD OF SUPERVISORS ON NOVEMBER 23RD, ARE COMING UP NEXT WEEK.

THEY WILL CONSIDER THE SPECIAL EXCEPTION FOR THE HOME OCCUPATION IN AN ACCESSORY BUILDING FOR THE THERAPEUTIC MASSAGE THAT THE COMMISSION RECOMMENDED APPROVAL LAST MONTH FOR.

THEY WILL ALSO CONSIDER THE REZONING TO M2 FOR THE NEW VISIONS INDUSTRIAL PARK THAT THE COMMISSION ALSO RECOMMENDED APPROVED FOR THE LAST MONTH.

MR. WALTON, ARE THERE ANY OTHER NOTES SIR? FOR UPCOMING CASES YOU HEARD ABOUT JANUARY AND FOR DECEMBER.

YOU'VE GOT THE ORDINANCE AMENDMENT FOR TOWN HOUSES COMING UP ON DECEMBER 16TH, IN A MONTH AWAY.

THERE IS ONE OTHER CASE, WHICH IS THAT ONE? THERE'S ANOTHER RESIGNING CASE THAT DAY.

WE'LL HAVE THOSE READY FOR YOU AT THE NEXT MEETING.

>> OKAY. THANK YOU.

>> ALL RIGHT.

>> YES, SIR.

>> I'M NOT SURE [INAUDIBLE].

>> DID YOU GET THAT GENTLEMAN?

>> YES SIR.

>> ANYTHING ELSE?

>> YES ATTORNEY.

>> I KNOW ANYTHING [OVERLAPPING]

>> THAT'S ALL WE HAVE.

>> STEPH, ANYTHING ELSE? OKAY. WE'LL HAVE ADJOURNMENT THEN.

>> SURE.

>> UNMUTE AND ASK ME QUESTIONS.

>> ANY QUESTION, ANY CONCERN, ANYBODY WANT TO STAY?

>> SHE'S THE PROBLEM [LAUGHTER]

>> CALLED ROLEPLAYS.

>> MR. BRIAN.

>> YES.

>> MR. BROCKWELL.

>> YES.

>> MR. SIMMONS.

>> YES.

>> MR. EASTER.

>> YES.

>> MRS. ELDER.

>> YES.

>> THANK YOU.

>> LADIES AND GENTLEMEN, THANK YOU ALL VERY MUCH.

>> THANK YOU. [LAUGHTER]

>> THANK YOU.

>> THANKS.

* This transcript was compiled from uncorrected Closed Captioning.