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[CALL TO ORDER]

[00:00:11]

GEORGE COUNTY PLANNING COMMISSION.

WILL YOU CALL THE ROLL, PLEASE? MR. BRESKO.

HERE. MR. BROCKWELL. ABSENT.

MRS. ANDERSON.

ABSENT. MR. BROWN. ABSENT.

MRS. ELDER.

HERE. MR. JOYNER. HERE.

MR. SIMMONS.

HERE. THANK YOU.

AT THIS TIME, IF EVERYONE WILL RISE.

MRS. ELDER WILL LEAD US WITH THE INVOCATION AND MR. SIMMONS WITH OUR PLEDGE.

LET US PRAY. DEAR LORD, AS WE COME TONIGHT TO DO BUSINESS FOR THE GOOD OF THE COUNTY, LET US BE MINDFUL OF THE NEEDS OF THE PEOPLE AROUND US.

AND THEN TAKE US SAFELY HOME.

IN HIS NAME. I PRAY.

AMEN

[ADOPTION OF AGENDA]

YOU HAVE IN FRONT OF YOU, COMMISSIONERS, THE AGENDA FOR TONIGHT'S MEETING.

IF IT MEETS EVERYONE'S APPROVAL, I'LL ENTERTAIN A MOTION FOR ITS APPROVAL.

I SO MOVE. I SECOND.

MOTION BY MR. JOYNER, SECOND BY MISS ELDER.

CALL THE ROAD PLEASE.

MR. BROCKWELL, IS ABSENT.

MRS. ANDERSON.

HERE. YES.

MR. BROWN.

ABSENT. MRS. ELDER. YES.

MR. JOYNER.

YES. MR. SIMMONS. YES.

MR. BRESKO.

YES. THANK YOU.

AT THIS TIME I WILL OPEN OUR PUBLIC COMMENTS PERIOD.

THIS IS FOR ANYONE WHO WISHES TO SPEAK TO THE COMMISSIONERS ON ANY ITEM NOT BEING HEARD AS A PUBLIC HEARING ITEM THIS EVENING.

PLEASE STATE YOUR NAME AND ADDRESS AND YOU WILL HAVE 3 MINUTES TO SPEAK.

I HEREBY OPEN THE PUBLIC COMMENTS PERIOD.

THERE BEING NO ONE I CLOSE THE PUBLIC HEARING PUBLIC COMMENTS PERIOD.

COMMISSIONERS YOU HAVE IN FRONT OF YOU

[ORDER OF BUSINESS]

THE MINUTES OF THE AUGUST 22ND, 2022 WORK SESSION MINUTES.

IF YOU'VE READ THEM OVER AND THERE'S NO ADDITIONS OR CORRECTIONS I'LL ENTERTAIN A MOTION THAT THEY BE APPROVED.

MAKE A MOTION THAT WE APPROVE THE DRAFT MINUTES, THE MINUTES FROM THE WORKSHOPS [INAUDIBLE] AUGUST 22ND.

THE SECOND MOTION MS. ELDER. SECOND BY MS. ANDERSON. CALL THE ROLL PLEASE.

MRS. ANDERSON.

YES. MR. BROWN. ABSENT.

MRS. ELDER.

YES. MR. JOYNER. YES.

MR. SIMMONS.

YES. MR. BRESKO.

YES. MR. BROCKWELL. IS ABSENT.

ALSO COMMISSIONERS, YOU HAVE IN FRONT OF YOU THE MEETING MINUTES OF THE AUGUST 25TH, 2022 MEETING.

IF THERE'S NO ADDITIONS OR CORRECTIONS, I'LL ENTERTAIN A MOTION THAT THEY BE APPROVED.

MAKE A MOTION THAT THE DRAFT MEETING MINUTES FROM AUGUST THE 25TH BE APPROVED AS WRITTEN.

[00:05:03]

I SECOND.

MOTION BY MS. ANDERSON, SECOND BY MS. ELDER. CALL THE ROLL PLEASE. MR. BROWN. ABSENT.

MRS. ELDER.

YES. MR. JOYNER. YES.

MR. SIMMONS.

YES. MR. BRESKO.

YES. MR. BROCKWELL. ABSENT.

MRS. ANDERSON.

YES. THANK YOU.

NEXT ON THE AGENDA IS A SUBDIVISION WAIVER S.W.

22-02 REQUEST FOR A MINOR SUBDIVISION EXCEPTION AS SET OUT IN 8-31 AND 32. MR. GRAVES. ALL RIGHT.

GOOD EVENING. CHAIRMAN BRESKO.

MEMBERS OF THE COMMISSION.

MR. WHITTEN. THIS ITEM IS UNDER TAB FOR IN YOUR PACKET.

AND WE HAVE THE SUBDIVISION WAIVER REQUEST OF CHARLES SUTTON FOR A MINOR SUBDIVISION EXCEPTION TO PERMIT A MINOR SUBDIVISION, CREATING ONE ADDITIONAL LOT OF NO LESS THAN FIVE ACRES WITHOUT CONNECTING TO PUBLIC WATER AND SEWER SYSTEMS. THE PARCELS LOCATED IN THE PRINCE GEORGE PLANNING AREA IT'S ZONED R-A AND THE REMAINDER TRACT WOULD MEET APPLICABLE ZONING REQUIREMENTS.

SUBJECT PROPERTY IS IDENTIFIED AS A TEXT MAP NUMBER YOU SEE THERE AND IS LOCATED AT 6214 THWEATT DRIVE.

ON THIS SLIDE YOU CAN SEE THE LOCATION MAP OR WITH A SUBJECT PROPERTY OUTLINED.

IT'S ABOUT 11.7 ACRES.

AT THE TOP RIGHT YOU CAN SEE ITS LOCATION WITHIN THE COUNTY.

ON THIS SLIDE, YOU CAN SEE AN AERIAL VIEW.

YOU CAN SEE THERE'S AN EXISTING SINGLE-FAMILY DWELLING.

THE PROPERTY OWNER, CHARLES SUTTON, LIVES IN THAT HOUSE AND YOU CAN SEE THE OPEN SPACE ON THE WEST SIDE OF THE PROPERTY.

THIS IS JUST A ZONING MAP.

YOU CAN SEE THAT PROPERTY IN THE AREA AROUND IT IS ZONED R-A RESIDENTIAL AGRICULTURAL.

THIS IS THE PROPOSED SUBDIVISION OF ONE PARCEL INTO TWO.

YOU CAN SEE THE DIVIDING LINE BETWEEN THE TWO PARCELS THERE AND A PROPOSED DRAIN FIELD SITE ON THE WEST SIDE, LEFT SIDE FOR A POTENTIAL NEW HOUSE.

WE'RE GOING TO GO OVER SOME BACKGROUND ON THIS TYPE OF REQUEST.

THE COMPREHENSIVE PLAN OF THE COUNTY DESIGNATES THE PRINCE GEORGE PLANNING AREA AS THE PLANNED GROWTH AREA FOR DENSE SUBURBAN TYPE DEVELOPMENT, AND STATES THAT IT WILL BE NECESSARY TO HAVE WATER AND WASTEWATER INFRASTRUCTURE INSTALLED IN THIS AREA TO PROVIDE FOR ANTICIPATED COMMERCIAL, INDUSTRIAL AND RESIDENTIAL GROWTH.

AND SINCE THE COUNTY GOVERNMENT DOES NOT HAVE A BUDGET FOR EXTENDING WATER AND SEWER INFRASTRUCTURE TO SERVE NEW AREAS, IT'S THE RESPONSIBILITY OF DEVELOPERS TO EXTEND THE NECESSARY INFRASTRUCTURE TO SERVE THEIR DEVELOPMENT.

ON THE MAP THERE, YOU CAN SEE THE PLANNING AREA IS THE PURPLE AND RURAL CONSERVATION AREA IS THE GREEN.

AND YOU CAN SEE THE SUBJECT PROPERTY IDENTIFIED BY THE RED DOT IS LOCATED JUST ON THE EDGE OF THE PLANNING AREA.

SO IN ORDER TO IMPLEMENT THOSE COMPREHENSIVE PLAN GOALS OF WATER AND SEWER IN THE PLANNING AREA OF THE COUNTY CODE REQUIRES ALL DEVELOPMENT.

AND THIS INCLUDES SUBDIVISIONS OF ONE OR MORE LOTS, ALL DEVELOPMENT WITHIN THE PLANNING AREA TO CONNECT TO THE PUBLIC WATER AND WASTEWATER SYSTEMS AT THE DEVELOPER'S EXPENSE.

DEVELOPMENT IS DEFINED IN THE CODE AS ANY RESIDENTIAL SUBDIVISION BEING PROPOSED ON ANY TRACT OF LAND UNDER SINGLE OWNERSHIP OR UNIFIED CONTROL.

THAT'S PART OF THE DEFINITION OF WHAT DEVELOPMENT IS, AND THE DEFINITION ALSO PROVIDES FOR AN EXCEPTION PROCESS TO ALLOW FOR ONE ADDITIONAL LOT WITHIN THE PRINCE GEORGE PLANNING AREA TO BE SUBDIVIDED WITHOUT CONNECTING TO PUBLIC WATER AND SEWER SYSTEMS. AS LONG AS IT'S AT LEAST FIVE ACRES AND ZONED AGRICULTURAL AND RECEIVES THE APPROVAL OF THE PLANNING COMMISSION.

AND THERE'S AN ORDINANCE SECTION THAT PROVIDES THE CRITERIA FOR THE PLANNING COMMISSION'S APPROVAL OF THIS TYPE OF REQUEST.

IT SAYS IN CASES OF UNUSUAL SITUATIONS OR WHERE STRICT ADHERENCE TO THE GENERAL REGULATIONS IN THIS ORDINANCE WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP. AND ALSO SAYS NO WAIVER SHALL BE GRANTED, WHICH IS ILLEGAL OR WHICH WOULD PREJUDICE THE HEALTH AND SAFETY OF THE CITIZENS OF THE COUNTY.

[00:10:01]

THE APPLICANT SUBMITTED A SUBDIVISION PLAT.

WE HAVE AN APPLICATION NUMBER THERE AT THEIR PLAT WHICH YOU SAW SHOWS A SUBDIVISION OF ONE NEW PARCEL APPROXIMATELY FIVE ACRES IN SIZE FROM A 11.7 ACRE PARCEL START OUT.

THE PLAT SHOWS THAT BOTH PARCELS WILL BE UTILIZING PRIVATE WELL AND SEPTIC SYSTEM.

THE OWNER, CHARLES SUTTON, DESIRES TO SELL THE NEW PARCEL TO THE APPLICANT MORRIS WILLIAMS TO BUILD A HOUSE TO LIVE IN.

THAT'S OUR UNDERSTANDING OF WHAT THEIR GOALS ARE.

STAFF CANNOT ADMINISTRATIVELY APPROVE BECAUSE WE ADMINISTRATIVELY APPROVED PLATS AFTER MAKING SURE THAT THEY MEET ALL THE CODE REQUIREMENTS.

BUT WE CAN'T APPROVE THIS ONE BECAUSE IT CURRENTLY SHOWS THE NEW LOT WOULD USE WELL AND SEPTIC AND AS WE'VE GONE THROUGH THOSE REQUIREMENTS THAT'S WHY WE CAN'T APPROVE IT.

SO WITH THE KNOWLEDGE THE STAFF COULD NOT APPROVE THE DIVISION UNLESS THE PLANNING COMMISSION GRANTS A WAIVER MR. WILLIAMS SUBMITTED THE WAIVER REQUEST WITH ALONG WITH THAT SUBDIVISION PLAT AND HE PROVIDED THE FOLLOWING REASONING FOR THIS REQUEST.

HE SAID THE RURAL CONSERVATION AREA IS DIRECTLY ACROSS THE THWHEATT DRIVE FROM THE PARCEL AND HE SAID THE NEAREST PUBLIC SEWER CONNECTION IS BASICALLY FAR AWAY AND THE WATER CONNECTION IS FARTHER AWAY.

THE COST TO EXTEND THESE UTILITIES IS MORE THAN AN INDIVIDUAL CAN AFFORD, ESPECIALLY FOR A SINGLE DIVISION OF A FIVE ACRE PARCEL.

IF UTILITIES WERE IN FRONT OF THE PARCEL, WE WOULD NOT HAVE ANY PROBLEM CONNECTING THEM.

WHEN STAFF REVIEWED THIS REQUEST, PLANNING AND ZONING DIVISION HAD, THE KEY COMMENTS ARE HERE.

IF THIS WAIVER IS APPROVED, THE PLAT WOULD STILL NEED TO MEET ALL OTHER APPLICABLE REQUIREMENTS, INCLUDING, AND WE WOULD REQUIRE A NOTATION, A NOTE, BASICALLY A NOTE ON THE PLAT THAT WOULD SPECIFY THAT THEY HAD A WAIVER APPROVED.

THE PROPOSED DIVISION IS ELIGIBLE FOR THE PLANNING COMMISSION TO CONSIDER BECAUSE IT'S ZONED R-A, IT'S AT LEAST FIVE ACRES AND THE REMAINDER TRACT WOULD MEET ALL THE OTHER REQUIREMENTS. STAFF LOOKED AT THE CRITERIA THAT'S PROVIDED FOR THE PLANNING COMMISSION.

WE TALKED ABOUT IN THE CASE OF UNUSUAL SITUATIONS AND STAFF FOUND THIS IS NOT AN UNUSUAL SITUATION BECAUSE ANYONE THAT ISN'T NEARBY TO A UTILITY CONNECTION WOULD FACE THAT SAME REQUIREMENT.

HOWEVER, THE ORDINANCE ALSO STATES THIS CAN ALSO BE WHERE STRICT ADHERENCE TO THE REGULATIONS WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP. SO THE COMMISSION COULD DECIDE THAT THE OWNER FACES A SUBSTANTIAL INJUSTICE OR HARDSHIP.

THAT COULD BE, FOR EXAMPLE, THE COST TO EXTEND THE UTILITY LINES UNREASONABLE FOR ONE LOT SUBDIVISION.

OR MAYBE THERE'S SOME PERSONAL FINANCIAL HARDSHIP THAT NECESSITATES THE SALE OF THE PROPERTY.

AND THEN THE OTHER CRITERIA THAT NO WAIVER SHALL BE GRANTED, WHICH IS LEGAL OR PREJUDICE THE HEALTH OF OTHER CITIZENS.

WE DON'T SEE ANYTHING THAT WE FEEL THAT THIS MEETS THAT REQUIREMENT.

WE ALSO PROVIDED FOR YOU THE HISTORY THAT TWO OTHER DIVISIONS OR TWO OTHER WAIVER REQUESTS, LIKE THIS ONE WERE GRANTED BY THE PLANNING COMMISSION.

ONE WAS IN 2013 AND ONE WAS IN 2021.

EACH OF THEM AGAIN WERE ONE LOT BEING DIVIDED OFF OF A LARGER LOT, AND EACH ONE OF THOSE PROVIDED SOME ADDITIONAL REASONING.

THEY HAD FINANCIAL REASONS ON THOSE.

THE UTILITIES DEPARTMENT IS THE OTHER KEY DEPARTMENT INVOLVED WITH THIS KIND OF REVIEW.

AND THEY CONFIRM THAT THE CLOSEST WATER LINE AVAILABLE TO THE PROPOSED SUBDIVISION IS 3.8 MILES AWAY.

AND THE CLOSEST WASTEWATER LINE, SEWER LINE, IS ABOUT FOUR MILES AWAY.

AND THEY STATED THAT BASICALLY, IF THIS WAS GOING TO CONNECT THERE WOULD HAVE TO BE A MASTER PLAN PREPARED BY THE DEVELOPER TO MAKE IT HAPPEN, THAT WOULD HAVE TO BE ACCEPTED BY THE UTILITIES DEPARTMENT TO MAKE SURE IT'S COMPATIBLE WITH ALL THE ENGINEERING FOR THE REST OF THE COUNTY SYSTEM.

SO GOING BACK OVER THE DECISION CRITERIA IS ON THE BOTTOM THERE.

WE'VE TALKED ABOUT THE CRITERIA AND THE STAFF'S RECOMMENDATION, WE DON'T PROVIDE A RECOMMENDATION FOR THIS TYPE OF REQUEST BECAUSE IT'S LIKE A VARIANCE REQUEST.

IT'S UP TO THE BOARD IN THIS CASE, THE COMMISSION REVIEWING IT, TO DECIDE IF THEIR REQUEST HAS MERIT, AND YOU HAVE THAT CRITERIA TO USE WHEN YOU MAKE YOUR DECISION.

AND, IF YOU DO MAKE A MOTION FOR APPROVAL, STAFF RECOMMENDS SPECIFYING WHAT THE INJUSTICE OR HARDSHIP IS.

[00:15:05]

AND THAT WOULD PROVIDE A POINT OF REFERENCE FOR FOR YOURSELVES IN THE FUTURE, FOR STAFF AND FOR APPLICANTS.

RECOMMENDED CONDITIONS FOR THIS WOULD BE WOULD BE VERY STANDARD.

THEY BASICALLY SERVE TO MAKE SURE THAT THE, TO SPECIFY WHAT THE WAIVER ALLOWS THE OWNER TO DO AND TO MAKE SURE THAT THE PLAT MEETS ALL THE OTHER REQUIREMENTS THAT HAS TO MEET. SO THOSE CONDITIONS WILL GO ALONG WITH THIS IF IT IS APPROVED.

SO AGAIN, THE CRITERIA IS THERE FOR YOU ONCE AGAIN.

THERE'S A PICTURE OF THE PLAT ONCE AGAIN.

IN YOUR STAFF REPORT YOU HAVE SAMPLE MOTIONS, GOOD REFERENCE POINT WHEN YOU MAKE A MOTION, AND I CAN ANSWER ANY QUESTIONS FOR STAFF ON THIS.

WE DO HAVE THE OWNER AND THE APPLICANT HERE.

SO AGAIN, THAT'S THE PROPERTY OWNER AND THE PERSON THAT THEY WANT TO SELL IT TO ARE BOTH HERE IF YOU HAVE QUESTIONS SPECIFICALLY FOR THEM.

ANY QUESTIONS? ONE QUESTION.

IF I OWNED A PIECE OF PROPERTY IN THE AREA WITHOUT SUBDIVIDING IT, WOULD I BE ALLOWED TO BUILD A HOME USING WATER AND SEWER? USING WELL AND SEPTIC? ANY OTHER QUESTION? I WOULD LIKE TO KNOW IF THERE IS SOME HARDSHIP.

OKAY, FOR THIS? I WOULD LET MAYBE THE OWNER OR THE APPLICANT COME UP.

LOOKS LIKE THE OWNER, MR. SUTTON, WOULD LIKE TO COME UP.

THIS WAS ASTRONOMICAL.

BUT THE MAIN REASON WHY I WAS SELLING IT, BECAUSE A HARDSHIP THAT I HAD, MY FATHER PASSED AWAY AND I ASSUMED RESPONSIBILITY OF MY MOTHER.

MY MOTHER HAS ALZHEIMER'S.

SO NOW THAT ALLOWS, BUT MY MOM LIVES IN NEW ORLEANS.

SO NOW I AM TAKING CARE OF TWO PLACES, TAKING CARE OF TWO DIFFERENT THINGS.

AND IT WAS AN OPPORTUNITY FOR ME TO, I'M A RETIRED SOLDIER, SO I, YOU KNOW, AND THAT'S MY INCOME.

THAT'S WHAT I'M DOING. FOR 30 YEARS, I'VE BEEN MOVING ALL OVER THE WORLD.

I FOUND A PLACE WHERE I CAN JUST STAY AND BE STATIONARY AND BE CONTENT.

BUT I NEVER THOUGHT MY FATHER WOULD LEAVE AND THEN MY MOM WOULD GET SICK.

SO NOW THAT REQUIRES ME TO DO NURSES AND CHECKS AND ALL KINDS OF OTHER THINGS THAT'S BECOMING ASTRONOMICAL. THAT'S MY EVERYDAY LIFE.

AND THEN TRAVELING BACK AND FORTH ALL THE TIME, IT GETS EXPENSIVE.

SO I CAME UP WITH, I WAS TRYING TO JUST SELL THIS TO A YOUNG FAMILY THAT NEEDED AN OPPORTUNITY AND THAT ALLOWED ALL OF US TO WIN WIN. BUT WHEN IT CAME DOWN TO CONNECTING TO THE WATER AND ALL THAT, THAT WAS LIKE $1,000,000 ALMOST.

I CAN'T AFFORD THAT.

I CAN'T EVEN COME CLOSE TO THAT.

BUT THE WELL AND EVERYTHING IS THERE THAT WORKS FINE AND THERE'S PLENTY SPACE.

I'M 61 YEARS OLD.

CUTTING ALL THAT GRASS IS HARD ANYWAY, SO THAT GIVES ME AN OPPORTUNITY TO GIVE HIM SOME OF THAT.

HIM AND HIS FAMILY, THEY CAN DO ALL THAT AND THEN WE CAN STILL CONTINUE ON.

AND THAT WAS MY MAIN REASON FOR DOING IT.

I DON'T KNOW IF YOU WANTED TO SAY? ANY OTHER QUESTIONS? YOU NEVER DID IDENTIFY YOURSELF SIR.

I'M SORRY. MY NAME IS CHARLES SUTTON.

I APOLOGIZE. JUST FOR THE RECORD.

ALL RIGHT. I'M SORRY, CHARLES SUTTON.

ANY OTHER QUESTIONS? I JUST HAD ONE QUESTION THAT WAS OUTSTANDING.

THE EXAMPLES THAT WE WERE GIVEN WERE BOTH FOR PEOPLE THAT WERE PURCHASING LAND TO ACTUALLY BUILD AN ACTUAL HOUSE AND LOCATION.

IT DIDN'T STATE THAT CLEARLY IN THE APPLICATION, AND I NOTICED THAT THE APPLICANT IS LISTED WITH A BRACEY, VIRGINIA ADDRESS AND A COMMERCIAL EMAIL ACCOUNT.

SO I WAS JUST ASKING FOR CLARIFICATION.

IS THE INTENT FOR THAT PERSON TO BUY THAT PROPERTY AND BUILD A HOME THEMSELVES, OR IS THIS FOR ANY COMMERCIAL USE? NO, IT'S FOR THEM TO BUILD A HOUSE.

THEY HAVE FIVE CHILDREN.

THEY WERE GOING TO BUILD A HOUSE AND, YOU KNOW, HAVE A PLACE FOR THEM TO GROW INTO.

THAT WAS THE WHOLE PURPOSE, TO BUILD A HOUSE.

[00:20:01]

THANK YOU. YES.

[INAUDIBLE] A QUESTION. WHEN WHEN YOU DID THIS APPLICATION, FROM WHAT YOU JUST TOLD US NOW, WITH YOUR HARDSHIP ABOUT YOUR MOTHER AND ALZHEIMER'S AND ALL, WHY DIDN'T YOU PUT THAT IN THE REQUEST? I WAS GOING BY THE STATUE AND ALL THAT.

THAT'S WHAT, I DIDN'T KNOW I NEEDED TO PUT THAT IN THERE.

I MEAN, SOME PEOPLE WOULD SIT THERE AND SAY, THAT'S YOUR PROBLEM.

THAT'S WHATEVER.

I'M JUST KEEPING 100 REAL WITH IT.

THAT'S MY MAIN REASON.

WELL, MOST OF THESE CASES LIKE THIS ARE, WE BASE THEM ON HARDSHIP CIRCUMSTANCES.

YES, SIR. I MEAN, I COULD.

I MEAN, IF IT NEEDS ME TO ADD THAT IN THERE OR WHATEVER, I CAN DO THAT.

BUT, IT'S EASIER FOR ME TO JUST VERBALLY EXPRESS MYSELF.

AND THAT'S MY FAULT.

I NEVER HAD TO DO THIS BEFORE, SO IT WAS A LEARNING EXPERIENCE.

ANY OTHER QUESTIONS? QUESTION. A STEP FURTHER.

THE PROCEEDS OF THE SALE OF THE LOT, WAS THAT IN PART DONE BECAUSE YOU NEED THAT MONEY TO SUPPORT YOUR MOTHER? MOSTLY, YES SIR.

99% OF IT.

A LOT OF IT IS TRAVEL GOING BACK AND FORTH TOO.

BUT I PAID FOR A NURSE THAT COMES IN.

I PAID FOR DIFFERENT THINGS AND ALL OF THAT COMES FORWARD.

I MEAN, I GET A PRETTY GOOD RETIREMENT, BUT I STILL HAVE TO TAKE CARE OF MY HOUSE.

I ACTUALLY SOLD MY CAR LAST MONTH TO ADD ON TO HELP SO I CAN ADJUST AND DO WHATEVER I NEED TO DO.

BUT I'M YOU KNOW, THE THING IS, I'M GOING TO TAKE CARE OF MY MOTHER NO MATTER WHAT.

I GOT TO. THAT'S ALL I GOT LEFT.

WHERE'S YOUR MOTHER LOCATED? SHE IS IN NEW ORLEANS, LOUISIANA.

ANY OTHER QUESTIONS? THANK YOU. YES SIR.

AT THIS TIME COMMISSIONERS, WE'VE HEARD THE CASE AND I'LL TURN IT OVER TO YOU ALL FOR A MOTION FOR OR AGAINST THE REQUEST.

I MOVE THAT SUBDIVISION WAIVER REQUEST SW 22202 BE HEREBY APPROVED BY ADOPTING RESOLUTION R 2202 TO INCLUDE THE FOLLOWING FINDINGS.

STRICT ADHERENCE TO THE GENERAL REGULATIONS AND THE ORDINANCE WOULD RESULT IN A SUBSTANTIAL HARDSHIP.

THE COST TO EXTEND UTILITY INFRASTRUCTURE MULTIPLE MILES IS UNREASONABLE FOR AN INDIVIDUAL LOT OWNER, AND THE APPLICANT HAS PROVIDED DOCUMENTATION OR EXPRESSED THE FINANCIAL HARDSHIP AS WELL, AND HIS INABILITY TO BE ABLE TO PAY THAT COST. A MOTION BY MS. ANDERSON, SECONDED BY MR. SIMMONS. CALL THE ROLL, PLEASE.

MRS. ELDER. NO.

MR. JOYNER.

YES. MR. SIMMONS. YES.

MR. BRESKO NO.

MR. BROCKWELL.

IS ABSENT, MRS. ANDERSON. YES.

MR. BROWN IS ABSENT.

THAT BEING THAT IT'S PASSED IT IS APPROVED TO JUST GO, IT DOES NOT GO TO THE BOARD OF SUPERVISOR ANYWHERE.

IT IS APPROVED TO BE A SUBDIVISION.

[PUBLIC HEARINGS]

NEXT IS PUBLIC HEARINGS.

SPECIAL EXCEPTION REQUEST OF DANIEL DAVIS TO PERMIT A SPECIAL CARE HOSPITAL WITHIN A B ZONE B1 GENERAL BUSINESS ZONING.

MR. GREENE. GOOD EVENING. CHAIRMAN AND MEMBERS OF PLANNING COMMISSION AND MR. WHITTEN. THIS EVENING I WILL BE PRESENTING SPECIAL

[00:25:08]

EXCEPTION SE 22-09 AND THAT IS THE REQUEST OF DANIEL DAVIS AND HIS FIRM IS GRAND SLAM LLC.

HE IS THE PROSPECTIVE BUYER AND HE IS REQUESTING A SPECIAL EXCEPTION TO ALLOW A SPECIAL CARE HOSPITAL WITHIN THE B1 GENERAL BUSINESS ZONING DISTRICT.

PURSUANT TO SECTION 90-393 SUBSECTION EIGHT.

THE PURPOSE OF HIS REQUEST IS TO ALLOW A DAY SUPPORT FACILITY TO OPEN IN AN EXISTING BUILDING AND TO PROVIDE DAY SUPPORT SERVICES FOR PERSONS THAT HAVE MENTAL, PHYSICAL AND EMOTIONAL CHALLENGES.

THE SUBJECT PROPERTY IS AN EXISTING COMMERCIAL BUILDING THAT IS CURRENTLY CONSISTING OF THREE SEPARATE COMMERCIAL CONDO OR SUITE STYLE UNITS, WHICH TOTAL APPROXIMATELY 3200 SQUARE FEET.

THE BUILDING IS LOCATED IN THE RAVENSWOOD OFFICE PARK AT 10551, 10553 AND 10555 SOUTH CRATER ROAD. AND THE PROPERTY IS IDENTIFIED AS TAX MAPS NUMBER 33A(01)00-006-B, C AND D.

THE PRINCE GEORGE COUNTY COMPREHENSIVE PLAN CALLS FOR FUTURE COMMERCIAL USES AT THE SITE THAT'S IN QUESTION.

THE MAP THAT YOU SEE BEFORE IS THE LOCATION MAP OF THE PROPERTY.

AND THE PROPERTY IS LOCATED OFF A SOUTH CRATER ROAD OFF OF RAVENSWOOD DRIVE.

AND THE ACTUAL BUILDING IS THE AREA THAT'S STATED RED.

AND THE NEXT MAP IS THE ZONING MAP ON THE PROPERTY.

AND THE ZONING MAP SHOWS THAT THE MAJORITY OF THE SURROUNDING AREA IS ZONED BUSINESS USE.

THE NEXT MAP IS THE AERIAL MAP OF THE PROPERTY AND THE PROPERTY IS HIGHLIGHTED WITHIN THE BLUE RECTANGLE SHAPED AREA.

THE BACKGROUND FOR THIS REQUEST IS AS FOLLOWS: SGRAND SLAM LLC HAS BEEN PROVIDING SERVICE IN THE TRI-STATE AREAS FOR EIGHT YEARS AND THEY HAVE AN OFFICE LOCATION WITHIN THE CITY OF PETERSBURG.

THE APPLICANT SUBMITTED A PRELIMINARY APPLICATION ON MAY 6TH OF 2022 AND HE SUBMITTED HIS FINAL APPLICATION ON AUGUST 1ST OF 2022.

THE REQUEST IS AS FOLLOWS: ACCORDING TO THE APPLICANT STATEMENT, THE APPLICANT WISHES TO PROVIDE A PROGRAM THAT IS INTENDED TO PROVIDE OPPORTUNITIES FOR INDIVIDUALS WHO ARE DIAGNOSED WITH INTELLECTUAL DISABILITIES, MENTAL ILLNESS OR PHYSICAL CHALLENGES WITH A SUPPORTIVE AND ENGAGING ENVIRONMENT TO DEVELOP THE LIFE SKILLS AND BECOME MORE INDEPENDENT.

THE APPLICANT'S REQUEST IS AS FOLLOWS: THE APPLICANT WISHES TO PURCHASE AN EXISTING COMMERCIAL BUILDING, WHICH IS DIVIDED INTO THREE SUITES.

THE APPLICANT IS PROPOSING TO UTILIZE THE MIDDLE SUITE RIGHT NOW, WHICH TOTAL APPROXIMATELY

[00:30:03]

1920 SQUARE FEET.

IT SHOULD STATE THAT THE SUITE TO THE RIGHT IS CURRENTLY BEING LEASED. THERE ARE NO PLANS TO MAKE ANY SIGNIFICANT EXTERIOR CHANGES TO THE BUILDING.

GRAND SLAM WILL CREATE APPROXIMATELY 6 TO 7 FULL TIME JOBS.

UP TO 16 PATIENTS WILL BE ON SITE AT ANY GIVEN TIME.

THE HOURS OF OPERATION WILL BE FROM 8 A.M.

TO 5 P.M.

MONDAY THROUGH THURSDAY.

AND MEDICATIONS WILL BE STORED AND OR PROVIDED ON SITE IN A SECURE FASHION.

YOUR NEXT EXHIBIT SHOWS THE PROPOSED FLOOR.

IT IS THE PROPOSED FLOOR PLAN.

AND AS YOU SEE, HE PLANS TO USE THE LEFT.

IN THE MIDDLE ON SUITES AND THE RIGHT SUITE IS CURRENTLY THE SUITE THAT'S BEING LEASED NOW.

THE NEXT EXHIBIT ON THAT IS A PICTURE OF THE EXTERIOR OF THE BUILDING.

AND IN ZONING, COMMENTS WERE AS FOLLOWS.

ADJACENT USES ARE AS FOLLOWS.

TWO USES TO THE NORTH ARE BUSINESS AND PROFESSIONAL OFFICES IN THE BRETMOR HEAD GEAR SALES OFFICE.

TO THE SOUTH OF THE PROPERTY.

IS THE GLADIN AUTOMOTIVE SHOP.

TO THE EAST IS A DUPLEX, A HAIR SALON AND RICK MOORE'S AUTO SERVICE.

TO THE WEST OF THE PROPERTY IS ALSO BUSINESS OFFICES, WHICH INCLUDES AN EXISTING SPECIALTY CARE FACILITY KNOWN AS CROSSROADS.

EXPECTED IMPACTS TO ADJACENT PROPERTIES IN ROADWAYS ARE MINIMAL AND THEY ARE CONDITIONS THAT ARE PROPOSED THAT WOULD SERVE TO MITIGATE ANY IMPACT. STAFF HAS FOUND THAT THE PROPOSED USE OF THE BUILDING IS COMPATIBLE WITH THE COMP PLAN.

OTHER STAFF COMMENTS [INAUDIBLE] FROM THE BUILDING OFFICE THAT THE APPLICANT WOULD HAVE TO OBTAIN A CHANGE OF USE AND A TENANT [INAUDIBLE] PERMIT.

VDOT HAS STATED THAT THEY HAVE NO CONCERNS ABOUT TRAFFIC AND VDOT SAID THEY HAVE NO OBJECTION TO THE SPECIAL SESSION APPLICATION.

THEIR RECOMMENDATION IS FOR APPROVAL, SUBJECT TO RECOMMENDED CONDITIONS.

THESE ARE JUST [INAUDIBLE] THE RECOMMENDATION IS THAT THE APPLICANT REQUEST IS CONSISTENT AND IS COMPATIBLE WITH EXISTING AND SURROUNDING LAND USES.

THERE IS ALREADY AN EXISTING SPECIAL CARE FACILITY LOCATED IN THE BUSINESS PARK.

THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN'S FUTURE LAND USE MAP.

THE PROPOSED USE FITS WITHIN THE ZONING ORDINANCE DEFINITION OF A SPECIAL CARE HOSPITAL, AND THERE HAS BEEN NO NEGATIVE FEEDBACK RECEIVED FROM ANY OF THE ADJACENT PROPERTY OWNERS.

[00:35:02]

STAFF HAS RECOMMENDED SEVERAL CONDITIONS.

AND BASICALLY THESE ARE STANDARD CONDITIONS THAT HAVE BEEN PLACED ON OTHER SPECIALTY CARE TYPE HOSPITALS. IF YOU HAVE ANY QUESTIONS OF ME I AM HERE TO ENTERTAIN ANY QUESTIONS.

AND THE APPLICANT IS HERE ALSO.

QUESTION. I'LL JUST HAVE ONE QUESTION.

PARKING, ARE PARKING SITES ALLOCATED TO THIS COMPLEX? YES. AND WILL IT BE ADEQUATE TO COVER THEIR NEEDS? YES, SIR. OKAY.

ANY OTHER QUESTIONS? I HAVE ANOTHER ONE.

WILL THE PHARMACEUTICAL BOARD ACTUALLY ISSUE THESE PEOPLE A LICENSE AS TO WHAT MEDICATIONS WILL BE CONTAINED IN THIS FACILITY? ALL RIGHT. OKAY.

THANK YOU, MR. GREENE. THIS BEING A PUBLIC HEARING, I HEREBY OPEN THE PUBLIC HEARING FOR THIS SPECIAL EXCEPTION, SE 2209.

IF YOU HAVE ANY COMMENTS FOR OR AGAINST THIS EXCEPTION, COME FORWARD, STATE YOUR NAME AND ADDRESS AND LIMIT YOUR TALK TO 3 MINUTES.

I HEREBY OPEN THE PUBLIC HEARING.

IF YOU HAVE ANY COMMENTS, COME FORWARD.

APPLICANT SHOULD SPEAK FIRST.

WE WANT THE APPLICANT TO SPEAK FIRST.

I DIDN'T SIGN UP FOR IT.

I THOUGHT YOU HAD A QUESTION FOR ME.

I DID.

AND REALLY, THE QUESTION IS FOR CONTROL PURPOSES.

DOES THE STATE PHARMACEUTICAL BOARD ISSUE YOU A PERMIT OR SOME KIND OF LICENSE TO SAY THAT YOU CAN HAVE THESE DRUGS AND MEDICATIONS ON SITE? YEAH. MY NAME IS MARK DONIUS.

I'M THE PROGRAM DIRECTOR FOR GRAND SLAM.

WE HAVE A TRIANNUAL LICENSE WITH THE DEPARTMENT OF BEHAVIORAL HEALTH.

WE ARE, ALL OUR STAFF ARE MED PASS TRAINED.

IT'S A VERY COMPREHENSIVE PROGRAM.

WE HAVE NO NARCOTICS ON SITE.

ALL MEDICATIONS ARE LOCKED.

WE ARE AUDITED BY WALNUT HILL PHARMACY EVERY 60 DAYS.

WE HAVEN'T HAD ANY ISSUES OR CONCERNS FOR THE PAST EIGHT YEARS.

AND YOU ARE SUBJECT TO INSPECTION? YES, SIR. ABSOLUTELY.

HIGHLY AUDITED.

ARE THERE ANY OTHER QUESTIONS OF THE APPLICANT? YOU SAY YOU HAVE A FACILITY IN PETERSBURG? YES, SIR. WE HAVE FOUR FACILITIES IN PETERSBURG RIGHT NOW.

HAVE YOU HAD ANY PROBLEMS OR ISSUES WITH ANY OF THOSE LOCATIONS? NOT ONE. NOT ONE.

I MEAN, OUR OUR COMPANY IS, WE PAY ATTENTION TO A LOT OF DETAIL.

I KNOW THERE'S A LOT OF BAD REPUTATION OUT THERE FOR THIS TYPE OF THING, BUT WE'RE VERY COMPLIANT WITH STATE REGULATIONS.

MEDICAID, MEDICARE.

WHAT HAVE YOU. ANY MORE QUESTIONS FOR THE APPLICANT? THANK YOU.

THANK YOU. OK, ANYONE THAT HAS ANY COMMENTS FOR OR AGAINST THIS PROPOSAL, COME FORWARD.

SPEAK. STATE YOUR NAME AND ADDRESS.

MORNING. MEMBERS OF THE COMMISSION.

MY NAME IS WILLIAM STEELE.

I LIVE IN DISTRICT OF VIRGINIA.

I DON'T HAVE A DOG IN THIS FIGHT.

DON'T REALLY HAVE A COMMENT ON THIS.

WHAT I AM CONCERNED ABOUT THAT WE HAVE BEEN BRINGING UP TO THE COUNTY COUNCIL LATELY OR THE COUNTY COMMISSION OF LATELY IS THIS PROBLEM WITH SPECIAL EXEMPTIONS.

WE SEEMED AS A COUNTY TO FORGET EVERYTHING.

NO MATTER WHAT WE WANT, PUT IN A SPECIAL EXEMPTION.

GRANT SPECIAL EXEMPTION FOR THIS.

GRANT SPECIAL EXEMPTION FOR THAT.

EVERYTHING IN THIS COUNTY SEEMS TO BE RUNNING NOW BY SPECIAL EXEMPTION.

WE HAVE BROUGHT IT TO THE BOARD.

COMMISSIONER BROWN HAS RAISED THE ISSUE HIMSELF, SAYING, HEY, WE'RE GOING WAY FAR AFIELD ON THIS.

[00:40:05]

YOU KNOW, WE HAVE A PLANNING.

WE HAVE OUR COMMISSION, WE HAVE THE PLANNING OUTLOOK FOR THE TEN YEAR PLAN, SO FORTH AND SO ON.

WHY HAVE IT IF WE'RE GOING TO GRANT SPECIAL EXEMPTIONS FOR EVERYTHING? SO I'M JUST ASKING THE BOARD THAT THERE'S A LOT OF US, ESPECIALLY IN THE D.C.

COUNTY AREA, THAT'S IN OUR COMMUNITY, OUR RURAL PART OF THE COUNTY BLOWING UP LIKE IT'S GOING TO BE CHESTERFIELD AND HENRICO COUNTY.

A LOT OF CITIZENS ARE GETTING CONCERNED.

WE ARE STARTING TO STAND UP AND SAY, WAIT A MINUTE, GOVERNMENT, COMMISSIONS, WE'VE GOT TO CONTROL THESE SPECIAL EXEMPTIONS JUST A LITTLE BIT MORE THAN WHAT WE ARE DOING BEFORE WE TURN INTO A CHESTERFIELD COUNTY.

SO AGAIN, IT SOUNDS LIKE A GREAT POSITION HERE.

I HAVE NO DOG IN THE FIGHT AT ALL, NO DECISION ON THAT.

I AM JUST CONCERNED THAT WE'VE GOT TO START CONTROLLING THESE SPECIAL EXEMPTIONS AND STOP GIVING THEM OUT LIKE ITS CANDY.

SO I'D LIKE YOU ALL TO CONSIDER THAT BECAUSE, FOLKS, WE'RE NOT GOING AWAY AND WE'RE STARTING TO STAND UP ABOUT IT.

SO I JUST WANT TO SHARE THAT WITH THE BOARD THIS EVENING.

THANK YOU VERY MUCH FOR YOUR TIME.

THANK YOU. GOOD EVENING, MR. BRESKO AND OTHER MEMBERS OF THE COMMISSION.

AND MR. WHITTEN. I'M JAY PAUL.

7985 HIDDEN PINES LANE, PRINCE GEORGE, VIRGINIA.

I ALSO AM AN ATTORNEY REPRESENTING MIKE MCGOWAN AND BRETMORE.

I HAVE AN OFFICE RIGHT IN THE TRAFFIC CIRCLE ALSO.

I KNOW MANY OF YOU.

2001 I HAD AN OFFICE RIGHT IN THIS COMPLEX HERE.

QUITE FAMILIAR WITH THE AREA.

RIGHT NOW, MY CLIENT IS CONCERNED ABOUT SEVERAL THINGS AND SO ARE SOME OTHER OWNERS.

AND MY EXPERIENCE IS THAT THEY'RE WELL FOUNDED BASED ON PERSONAL EXPERIENCE AND OTHER EXPERIENCE.

FIRST OF ALL, IF YOU LOOK AT THIS PICTURE THAT YOU HAVE UP THERE THAT SHOWS THE BUILDING, IF YOU FACE THAT BUILDING AND YOU TURN IMMEDIATELY TO YOUR LEFT, YOU HAVE A DENTIST OFFICE, WHICH NOW HAS A NICE SIGN ON IT THAT I SAW LESS THAN 2 HOURS AGO THAT SAYS YOU'LL BE HAPPY TO KNOW OR I'M PARAPHRASING THAT YOUR NEXT APPOINTMENT WILL BE AT OUR NEW OFFICE.

NEXT DOOR TO THAT IN THE BUILDING THAT'S, THERE'S A BUILDING, THAT'S THAT BUILDING.

THERE'S A BUILDING HERE WHERE THE DENTIST OFFICE IS.

RIGHT NEXT TO IT IS THE METHADONE CLINIC.

THE METHADONE CLINIC HAS FOLKS THAT COME IN AND THEY GET SHOTS.

THEY CAN OVERCOME PILLS OR SOMETHING.

MEDICINE SO THEY CAN OVERCOME DRUG ADDICTION.

WHICH IN ITSELF IS PROBABLY A GOOD THING.

HOWEVER, THIS OFFICE PARK, WHICH HAS AN ACCOUNTANT CURRENTLY IN THIS BUILDING RIGHT HERE THAT THEY'RE GOING TO MOVE INTO, HAS A LAWYER.

THERE'S ANOTHER BUILDING THAT'S FACING UP.

A LAWYER IN THE CORNER THERE.

USED TO HAVE SPECTER ENTERPRISES THERE, AND IT HAS MY CLIENT IN A SEPARATE TWO BUILDINGS IN THE AREA.

SINCE THE METHADONE CLINIC'S BEEN THERE, MY CLIENT'S LAND VALUES HAVE GONE DOWN.

AND HE ABSOLUTELY KNOWS THAT BECAUSE ATLANTIC UNION HAS COME AND DONE AN ASSESSMENT ON HIS PROPERTY SO THAT HE COULD INVEST MORE IN HIS BUSINESS.

IT'S GOING DOWN.

WE'RE TALKING ABOUT MIXING FOLKS WITH MENTAL, PHYSICAL AND EMOTIONAL CHALLENGES WITH PEOPLE THAT ARE IN A METHADONE CLINIC THAT YOU COULD LITERALLY, IF YOU HAD A SECOND BASEMAN, HIS ARM THROW A BASEBALL AND HIT THE METHADONE CLINIC FROM WHERE THIS, THESE, THEY'RE GOING TO BE.

THE, I CAN'T IMAGINE THESE FOLKS WITH THESE ILLNESSES ARE GOING TO DRIVE.

SO I CAN UNDERSTAND NOT WORRYING ABOUT TRAFFIC, BUT IF YOU LOOK AT THAT PARKING LOT IT'S QUITE FRANKLY, IT MIGHT BE, IF YOU'RE LUCKY, TWICE AS WIDE AS THIS AREA RIGHT HERE. THERE'S NOT ROOM FOR PEOPLE TO GO IN AND OUT ON A CIRCULAR MOTION.

PROPERTY VALUES ARE GOING DOWN.

SAFETY IS A GREAT CONCERN.

MR. WHITTEN'S OFFICE SENT ME TODAY A LIST OF ITEMS THAT WERE SOME ISSUES IN THE AREA THROUGH A FREEDOM OF INFORMATION ACT.

IN SHORT, THERE WERE TWO OR THREE SUSPICIOUS PERSONS.

AT ONE POINT THERE WAS A REPORT OF SHOTS BEING FIRED, BUT NO SHELLS WERE FOUND.

THERE WERE DISTURBANCES.

THERE WERE SEVERAL CRISIS.

[00:45:03]

AND A FEMALE URINATING OUTSIDE THE BUILDING.

AND MY CLIENT TELLS ME THAT, AND OTHER FOLKS THAT HAVE BUSINESSES THERE, HAVE TOLD ME THAT THAT'S NOT UNCOMMON.

MY CLIENT BELIEVES THAT HIS VALUE OF HIS PROPERTY IS GOING TO ERODE FURTHER.

HE BELIEVES THAT IT'S, THERE'S ALREADY SAFETY ISSUES THERE WITH THE METHADONE CLINIC THERE AND MIXING THESE FOLKS THAT ARE, AND THEY FOUND NEEDLES OUTSIDE.

THEY FOUND ALL KINDS OF STUFF.

THE MIXING OF THEM WITH THIS CLINIC IS NOT A GOOD IDEA.

IT'S GOING TO FURTHER ERODE THE VALUE OF THE PROPERTY.

AND QUITE FRANKLY, MY CLIENT FOUND OUT ABOUT THIS WHEN HE GOT A LETTER IN THE MAIL.

AND I UNDERSTAND TIME CONSTRAINTS AND EVERYTHING ELSE.

BUT HE WAS NEVER ADDRESSED.

AND SEVERAL ADJOINING FOLKS NEVER HAD THIS ADDRESSED TO THEM.

THOSE ARE CONCERNS. I REALIZE I ONLY HAVE 3 MINUTES.

I'M SORRY. YOUR TIME IS UP.

YES, SIR. THANK YOU FOR YOUR TIME.

THANK YOU. IS THERE ANYONE ELSE WHICH IS TO SPEAK ON THIS SUBJECT? BEING NO ONE ELSE I HEREBY CLOSE THE PUBLIC HEARING AND TURN IT OVER TO THE COMMISSIONERS.

WHAT LITTLE I KNOW OF THIS AREA, THEY'RE A HIGHLY UNDERUTILIZED FACILITY.

THERE ARE NOT A LOT OF THOSE OFFICES OPEN, TO MY KNOWLEDGE.

SO TO MOVE BUSINESS IN THERE SEEMS THE RIGHT THING TO DO IF THE BUSINESS THAT'S GOING IN IS INCOMPATIBLE WITH ALREADY THERE THAT'S WHAT WE NEED TO TALK ABOUT BUT JUST TO HAVE THOSE FACILITIES THERE AND BEING UNDERUTILIZED.

WELL, YOUR CLIENT TALKS ABOUT PROPERTY VALUES GOING DOWN.

THE OWNERS OF THESE FACILITIES SEE THEIR BUSINESS GOING UP.

SO. I JUST LIKE TO SEE THE FACILITY BEING UTILIZED.

IS THIS BUSINESS, ARE YOU PURCHASING THE BUILDING OR LEASING THE BUILDING? PURCHASING THE BUILDING.

ANY OTHER QUESTION? DIDN'T WE APPROVE SOMETHING SIMILAR TO THIS NOT TOO LONG AGO? IN THE CROSSINGS. PRIMOS.

YEAH. IN THE CROSSINGS.

YES. HAVE YOU ALL HAD HEARD ANYTHING NEGATIVE ABOUT THAT? IT IS OPEN AND WORKING, RIGHT? THEY DID RECEIVE A THEY RECEIVED A CO THIS MONTH.

WE DON'T KNOW MORE THAN THAT.

SO THEY HAVE THE ABILITY TO OPERATE.

HAVE SEEN A SIGN ON THE BUILDING.

I HAVE A QUESTION AS BEING NEW TO THE COMMISSION.

THE EXAMPLE THAT WE WERE PROVIDED WAS FOR BRIGHTVIEW HEALTH BECAUSE OF THE REQUIREMENT FOR SPECIAL CATEGORIZATION OF REQUIRING APPROVAL BY THE PLANNING COMMISSION.

HE'S MENTIONED IN A SIMILAR BUSINESS AS BRIGHTVIEW THAT'S TWO DOORS DOWN.

WHAT, WAS THAT BROUGHT TO THE COMMISSION, IS THAT ANOTHER EXAMPLE OF WHERE THE COMMISSION ALLOWED AN EXCEPTION, OR WAS THAT DONE WITHOUT COMING TO THE PLANNING COMMISSION ON AN EXCEPTION? I'M TRYING TO FIGURE OUT HOW THE METHADONE CLINIC GOT THERE TO START WITH.

OKAY. TO MY KNOWLEDGE, THAT METHADONE CLINIC DID NOT HAVE A SPECIAL EXCEPTION.

THIS WAS BEFORE WE STARTED APPLYING THESE SPECIAL, CLASSIFIED THIS LAND USE AS A SPECIAL CARE HOSPITAL THAT REQUIRES A SPECIAL EXCEPTION.

[00:50:02]

SO THAT WAS SOME TIME AGO BEFORE ANY OF US, ANDREA OR MYSELF, WERE INVOLVED WITH THAT.

IT WAS LIKE A BUY RIGHT BUSINESS TO OPEN IT.

YEAH. I BELIEVE AT THE TIME THEY WERE CLASSIFIED AS JUST AN OFFICE USE LIKE A MEDICAL OFFICE.

AND KNOWING THAT THERE ARE ISSUES, THAT'S WHY WE LOOK AT THOSE TYPES OF USES AS A SPECIAL EXCEPTION TYPE USE WHERE THEY SHOULD HAVE REVIEW OF THE PUBLIC.

ANY OTHER QUESTIONS OR MOTIONS? TO ME, THAT LOOKS LIKE THE PARKING LOT IS JUST GRAVEL OR A LITTLE BIT OF GRAVEL.

IT JUST SHOWED YOU RIGHT THERE.

OH, OKAY. WELL, WHAT WOULD I JUST LOOK? HUH? MR. PAUL, I WASN'T CLEAR.

WERE YOUR CLIENTS OTHER COMMERCIAL OWNERS IN THE AREA OR RESIDENTIAL OR? YES, THEY ARE. IF YOU.

THEY ARE COMMERCIAL OWNERS.

BRETMORE, THEY HAVE TWO BUILDINGS RIGHT THERE.

THEY HAVE A HAT BUSINESS.

AND THAT'S THEIR BUSINESS OFFICE.

FOLKS MAKE APPOINTMENTS AND COME IN.

MUCH LIKE THEY WOULD WITH THE ATTORNEY'S OFFICE ON THE END.

MUCH LIKE THEY DID WHEN THE SPECTERS WERE THERE, MUCH LIKE THEY DID WITH THE DENTIST OFFICE, WHICH I BELIEVE HAS LEFT IN PART BECAUSE OF [INAUDIBLE]. ALL OF THESE BUSINESSES HAVE ENTRANCES OFF OF RAVENSWOOD DRIVE, RIGHT? YES, SIR. MR. [INAUDIBLE] STAFF SHOULD REALLY BE ANSWERING THE QUESTION SINCE THE PUBLIC HEARINGS ARE OVER AT THIS POINT.

OKAY. REALLY, ALL QUESTIONS SHOULD BE DIRECTED TO STAFF.

ALL THE [INAUDIBLE] OFF OF RAVENSWOOD DRIVE.

WELL, I THINK WE NEED TO MAKE A MOTION EITHER TO APPROVE, DENY OR POSTPONE THE SPECIAL EXEMPTION.

I'D LIKE TO MAKE A MOTION.

MOVED. MOVE FORWARD WITH REQUEST SE 22 09 TO THE BOARD WITH A RECOMMENDATION FOR APPROVAL SUBJECT TO THE RECOMMENDED CONDITIONS AND THE STAFF REPORT.

AND THE REASONS FOR THIS RECOMMENDATIONS ARE, IT IS COMPATIBLE WITH THE COMPREHENSIVE PLAN AT CURRENT SURROUNDING USES AND ZONING DISTRICTS.

SECOND. I SECOND.

MOTION BY MR. SIMMONS. SECOND BY MR. JOYNER. CALL THE ROLL, PLEASE.

MR. SIMMONS? YES. MR. BRESKO? NO.

MR. BROCKWELL? ABSENT.

MRS. ANDERSON? NO. MR. BROWN IS ABSENT.

MRS. ELDER.

NO. AND MR. JOYNER. YES.

THIS SPECIAL EXCEPTION WOULD BE.

MR. CHAIRMAN, SINCE THERE WAS A MOTION, THE MOTION DID NOT PASS, YOU NEED TO HAVE A NEW MOTION FOR ZONING MATTERS.

YOU NEED TO HAVE A MOTION SINCE THERE'S THREE TO TWO AGAIN NOT IN FAVOR OF HIS MOTION.

YOU NEED TO HAVE ANOTHER MOTION DO I HAVE ANY MOTION FOR DENIAL? CHAIRMAN. I'LL MAKE A MOTION.

MOVE TO FORWARD REQUEST SE 2209 FOR DENIAL FOR THE REASONS THE RECOMMENDATION OF SAFETY CONCERNS

[00:55:06]

FOR THE PUBLIC IN THE AREA.

THE DIAGRAM AND PORTRAITS PORTRAYED CLEARLY SHOWS SIX ENTRANCES AND EXITS WITHOUT ANY KNOWN SECURITY OR PROTECTION FOR THE VULNERABLE SUBJECTS THAT WOULD BE HOUSED DAILY IN THE POPULATION.

AND CONCERNS FROM INTERVIEWING OTHER APPLICANTS THAT THERE WOULD NOT BE MEDICAL STAFF PRESENT ON THE FACILITY, EVEN THOUGH THEY ARE MAINTAINING MEDICATIONS.

THE ADDITIONAL KNOWLEDGE OF KNOWING THAT THERE ARE KNOWN DRUG ADDICTS IN THE AREA AND SO MANY ENTRANCES TO THE BUILDING, I'M CONCERNED, WOULD PREVENT A RISK TO THE VULNERABLE POPULATION AS WELL.

I SECOND THE MOTION.

MOTION BY MS. ANDERSON. SECOND BY MS. ELDER FOR DENIAL.

CALL THE ROLL, PLEASE.

MR. BROWN. IS ABSENT.

MRS. ANDERSON.

YES. MR. BROCKWELL IS ABSENT.

MR. BRESKO.

YES. MR. SIMMONS. NO.

MR. JOYNER.

NO. MRS. ELDER. YES.

THIS SPECIAL EXEMPTION WILL BE SENT TO THE BOARD OF SUPERVISORS WITH DENIAL FOR APPROVAL FROM THE PLANNING COMMISSION. NEXT ON THE AGENDA IS REZONING RZ 21-05, REQUEST OF MAT DEVELOPMENTS TO CONDITIONALLY REZONE APPROXIMATELY TEN ACRES FROM M1 TO LIGHT INDUSTRIAL M2 GENERAL INDUSTRIAL.

MR. GREENE. GOOD EVENING.

AND I WILL BE PRESENTING THE REZONING CASE OF RZ 21-05.

THIS IS A REQUEST OF MAT DEVELOPMENTS LLC TO CONDITIONALLY REZONE APPROXIMATELY TEN ACRES, M1 LIGHT INDUSTRIAL TO M2 GENERAL INDUSTRIAL.

THE PURPOSE OF THE RESULT IS TO ALLOW OVERFLOW TRACTOR TRAILER PARKING FOR EMERCE COMMERCE F ULFILLMENT TRANSPORTATION SERVICES.

THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF CORPORATE LANE AND IS ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PETERSBURG TO THE NORTH.

THE PROPERTY IS IDENTIFIED AS TAX MAP NUMBER 330(0A)00-016-C.

THE COMPREHENSIVE PLAN FEATURES LAND USE MAP INDICATES THE PROPERTY IS PLANNED FOR INDUSTRIAL USES.

NEXT MAP IS THE LOCATION MAP, WHICH SHOWS THE PROPERTY IN QUESTION OUTLINED IN GRAY.

THE NEXT MAP IS THE AERIAL MAP VIEW OF THE SUBJECT PROPERTY, WHICH SHOWS THAT THE PROPERTY IS PREDOMINATELY WOODED. THE NEXT MAP IS THE ZONING MAP OF THE PROPERTY SHOWN IN IT WHICH SHOWS THAT ADJOINING PROPERTIES ARE ZONED LIGHT INDUSTRIAL AND ARE ZONED RESIDENTIAL AGRICULTURAL IN THE AREA.

AND THAT'S THE ZONING FOR ONLY THE PROPERTIES THAT'S LOCATED WITHIN PRINCE GEORGE'S COUNTY.

THE NEXT MAP SHOWS THE FUTURE LAND USE MAP.

AND AS YOU CAN SEE, THE FUTURE [INAUDIBLE] MAP HAS THE AREA DESIGNATED FOR FUTURE INDUSTRIAL LAND USES.

THAT'S THE PURPLE SHADED AREA.

THE BACKGROUND OF THIS APPLICATION IS AS FOLLOWS.

THE APPLICANT ORIGINALLY SUBMITTED A PRELIMINARY REZONING APPLICATION BACK IN JUNE OF 20. BACK IN JUNE OF 2021, THE APPLICANT SUBMITTED A FINAL

[01:00:06]

REASON FOR THE APPLICATION ON AUGUST 6, 2021.

HOWEVER, THE REZONING REQUEST WAS DELAYED DUE TO TRAFFIC AND ROAD RELATED CONCERNS OF VDOT PARTICULARLY BECAUSE THE CORPORATE ROAD USED TO ACCESS THE AFFECTED SITE IS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PETERSBURG.

A TRAFFIC GENERATION STUDY AND A TURN WARRANT ANALYSIS WAS R EQUESTED FROM VDOT.

APPLICAN'TS REQUEST IS AS FOLLOWS.

THEY WANT TO CONDITIONALLY REZONE THE TAX PARCEL IN QUESTION FROM M1 TO M2 IN ORDER TO CONSTRUCT AN OVERFLOW PARKING LOT FOR ECOMMERCE. THE CONCEPTUAL PLAN INCLUDED WITH THE APPLICATION CALLS FOR APPROXIMATELY 169 PARKING SPACES TO BE CONSTRUCTED ON THE PROPERTY.

ESSENTIALLY THE PROPOSED DEVELOPMENT WILL BE A TRAILER STORAGE FACILITY WHERE THE TRAILER PORTION OF THE TRACTOR TRAILER WILL BE STORED WHEN NOT IN USE.

10 TO 15 TRAILERS WILL BE MOVED IN AND OUT OF THE FACILITY DAILY.

THIS WOULD AMOUNT TO APPROXIMATELY 1 TO 2 TRAILERS MOVING IN AND OUT OF THE SITE DURING PEAK HOURS.

THE PARKING AREA WILL BE CONSTRUCTED UTILIZING 21B SIZE GRAVEL THAT WILL BE INJECTED WITH WATER AND ROLLED.

THIS METHOD WILL RESULT IN A HARD DUST FREE SURFACE.

AND FOR AN EXAMPLE OF THAT, THERE IS A PHOTO THAT WILL SHOW YOU OF A PARKING LOT THAT THE APPLICANT HAS CONSTRUCTED IN THE COUNTY OF CHESTERFIELD.

THERE ARE NO STRUCTURES PLANNED FOR CONSTRUCTION AND THERE IS NO PLANNED EXTENSIONS OF PUBLIC WATER AND SEWER.

THE APPLICANT HAS VOLUNTARILY PROFFERED SEVERAL CONDITIONS WITH THE REZONING APPLICATION. THE ILLUSTRATION BEFORE YOU IS THE PROPOSED CONCEPTUAL LAYOUT OF THE PARKING LOT.

AND IN THIS PICTURE HERE IS THE SITE THAT HE HAS CONSTRUCTED IN THE COUNTY OF CHESTERFIELD USING THAT METHOD OF INJECTING THE GRAVEL WITH WATER AND THEN ROLLING THE SURFACE TO MAKE IT A HARD SURFACE.

PLANNING REVIEW COMMENTS ARE AS FOLLOWS.

THE PROPOSED USE OF THE TRACTOR-TRAILOR PARKING IS CONSIDERED A TRUCK TERMINAL LAND USE WHICH IS PERMITTED BY RIGHT IN THE M2 GENERAL INDUSTRIAL ZONING DISTRICT.

THE EXPECTED IMPACTS OF THE PROPOSED USE ON ADJACENT PROPERTIES AND ROADWAYS ARE EXPECTED TO BE MINIMAL.

THE APPLICANT PREPARED A TRAFFIC GENERATION STUDY AND BASED ON THE EXISTING TRAFFIC VOLUMES AND THE PROJECTED SITE USES, EITHER A LEFT TURN NOR A RIGHT TURN LANE WAS WARRANTED.

AT THE INTERSECTION OF RIVES ROAD AND CORPORATE ROAD.

ALSO, NO OTHER ROAD IMPROVEMENTS HAVE BEEN REQUIRED.

IT HAS BEEN DETERMINED THAT CORPORATE ROAD IS A PUBLIC ROAD, AND THUS FAR, THE CITY OF PETERSBURG HAS NOT REQUESTED A ROAD

[01:05:01]

MAINTENANCE AGREEMENT WITH THE APPLICANT.

THE PROPOSED USE APPEARS TO BE COMPATIBLE WITH EXISTING AND SURROUNDING LAND USES, WHICH INCLUDES DAS DISTRIBUTION, MOUNTAINOUS COFFEE AND THE PETERSBURG DEPARTMENT OF SOCIAL SERVICES BUILDING, WHICH ARE ALL LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PETERSBURG.

THE SITE SITS DIRECTLY ACROSS FROM THE HOME BUILDERS ASSOCIATION BUILDING, LOCATED AT 10300 CORPORATE ROAD IN PRINCE GEORGE COUNTY. OTHER SURROUNDING LAND USES INCLUDE WOODLANDS AND THE INTERSTATE 95.

THE PROPOSED ZONING DISTRICT AND LAND USE IS COMPATIBLE WITH THE COMPREHENSIVE COMPREHENSIVE PLAN BECAUSE THE FUTURE LAND USE MAP CALLS FOR INDUSTRIAL USES IN THIS AREA.

OTHER COMMENTS THAT WERE RECEIVED, THE MOST IMPORTANT ONE WAS FROM VDOT WHICH SAYS THAT MY PREVIOUS COMMENTS HAVE BEEN ADDRESSED.

VDOT HAS NO OBJECTION TO THE ZONING APPLICATION. THE COMMENTS FROM UTILITIES ONLY APPLIES, IT WAS AN INTENT TO EXTEND PUBLIC WATER AND SEWER, WHICH THIS IS NOT THE CASE.

THE APPLICANT HAS PROFFERED SEVERAL CONDITIONS TO THE APPLICATION. THE CONDITIONS PROFFERED WAS THAT HE PROFFERED NOT TO USE THE PROPERTY FOR CERTAIN USES THAT WOULD BE ALLOWED WITHIN THE M2 DISTRICT.

THESE ARE INDUSTRIAL USES THAT CAN CAUSE NUISANCE FACTORS SUCH AS NOISE, DUST, ODOR, AND OF THAT NATURE.

AND ALSO THE APPLICANT HAS PROFFERED TO ESTABLISH A NATURAL BUFFER ON THE PROPERTY.

STAFF RECOMMENDATION IS APPROVAL SUBJECT TO THE APPLICANT'S PROFFERED CONDITIONS AND THE RATIONALE FOR APPROVAL, THE APPLICANT'S REQUEST IS COMPATIBLE WITH EXISTING AND SURROUNDING LAND USES.

IF ZONING FROM M1 LIGHT INDUSTRIAL TO M2 GENERAL INDUSTRIAL IS CONSISTENT WITH THE ADOPTED COMP PLAN, CONCERNS OF VDOT HAVE BEEN ADDRESSED.

A SITE PLAN IS REQUIRED TO ADDRESS EROSION AND SEDIMENT CONTROL.

STORMWATER RUNOFF, BUFFERING, LANDSCAPING AND OUTDOOR LIGHTING CONCERNS.

TODAY THE OFFICE HAS RECEIVED NO NEGATIVE FEEDBACK FROM THE PUBLIC.

AND THE APPLICANT HAS PROFFERED SEVERAL CONDITIONS WHICH STAFF FINDS TO BE ACCEPTABLE.

INTO MY PRESENTATION.

ANY QUESTIONS FOR STAFF? ANY QUESTIONS FOR MR. GREENE. AND THE APPLICANT IS HERE.

THANK YOU. BEFORE I OPEN THE PUBLIC HEARING, IS THERE ANY QUESTIONS? THE APPLICANT IS HERE.

IS THERE ANY QUESTIONS OF THE APPLICANT? THIS BEING A PUBLIC HEARING, I HEREBY OPEN THE PUBLIC HEARING PORTION OF THE REQUEST.

ANYONE WISHING TO SPEAK FOR OR AGAINST THIS REZONING COME FORWARD.

STATE YOUR NAME AND ADDRESS AND LIMIT YOUR TALK TO 3 MINUTES.

ANYONE.

I HEREBY CLOSE THE PUBLIC HEARING AND TURN IT OVER TO THE COMMISSIONERS FOR A MOTION FOR APPROVAL OR DENIAL.

[01:10:18]

MR. CHAIRMAN, I MOVE TO FORWARD REQUESTS RZ 2105 TO THE BOARD WITH A RECOMMENDATION FOR APPROVAL SUBJECT TO THE PROFFERED CONDITIONS.

AND THE REASON FOR THIS RECOMMENDATION AS IT IS COMPATIBLE WITH THE COMPREHENSIVE PLAN AND CURRENT SURROUNDING USES AND ZONING DISTRICTS.

I SECOND.

MOTION BY MS. ELDER SECONDED BY MR. JOYNER. CALL THE ROLL, PLEASE.

MR. SIMMONS.

YES. MR. JOYNER. YES.

MRS. ELDER.

YES. MR. BROWN. IS ABSENT.

MRS. ANDERSON.

YES. MR. BROCKWELL IS ABSENT.

AND MR. BRESKO.

YES. THANK YOU.

NEXT ON THE AGENDA WE HAVE A REZONING RZ 22-01, REQUEST OF WELL STATION ROAD, LLC TO CONDITIONALLY REZONE 880.4 ACRES FROM I2 GENERAL INDUSTRIAL DISTRICT TO M2 GENERAL INDUSTRIAL DISTRICT.

MS. WALTON. GOOD EVENING, CHAIRMAN BRESKO.

MEMBERS OF THE COMMISSION.

MR. WHITTEN, THANK YOU.

APPRECIATE THE INTRODUCTION.

TONIGHT'S CASE RZ 22-01, AS CHAIRMAN BRESKO MENTIONED, IS A REZONING APPLICATION OF SL WELL STATION TO CONDITIONALLY REZONE 880 ACRES FROM AN I2 DESIGNATION, WHICH IS GENERAL INDUSTRIAL DISTRICT TO M2 GENERAL INDUSTRIAL DISTRICT.

I2 IS A DESIGNATION FOR A ZONING DISTRICT THAT IS NO LONGER USED IN OUR CURRENT ZONING CODE.

M2 IS THE EQUIVALENT ZONING DISTRICT.

THE PURPOSE OF THIS REZONING IS TO UPDATE THE ZONING OF THE PROPERTY TO BE CONSISTENT WITH THE CURRENT ADOPTED ORDINANCE, AS WELL AS TO REMOVE SOME PROFFERED CONDITIONS THAT WERE RESTRICTIVE ON THIS PROPERTY IN ORDER FOR CURRENT MARKET CONDITIONS TO BUILD A SUIT AND MARKET THIS PROPERTY.

WENT TOO FAST.

SORRY, I APOLOGIZE.

THIS PROPERTY IS THE FORMER ROLLS-ROYCE SITE IN THE CROSS POINTE BUSINESS PARK AREA.

IT IS OFF OF WEST QUAKER ROAD ON WELLS STATION ROAD IN THE INDUSTRIAL PARK.

ON THIS MAP HERE, IT IS HIGHLIGHTED IN RED.

IT DOES CROSS THE ROAD, IS LOCATED ON BOTH SIDES OF THE ROAD.

ON THIS AERIAL MAP, YOU CAN SEE IT HIGHLIGHTED IN BLUE.

YOU CAN SEE THE CURRENT BUILDING, WHICH WAS THE FORMER ROLLS ROYCE BUILDING.

AND THE REST OF THE PROPERTY IS VACANT AT THIS TIME.

HERE AGAIN IS THE ZONING MAP SHOWING THE I2 DESIGNATION.

THE SURROUNDING IS RA AS WELL AS OTHER INDUSTRIAL AND COMMERCIAL.

THIS IS THE FUTURE LAND USE MAP THAT DOES SHOW IT AS INDUSTRIAL.

IN THE BACKGROUND OF, WELLS STATION PURCHASED THIS PROPERTY HERE RECENTLY AND IN WORKING ON THEIR MARKETING THEY WOULD LIKE TO HAVE A MORE GENERAL M2 USE AND LOOK AT REMOVING SOME OF THOSE RESTRICTIVE CONDITIONS FOR THE ROLLS ROYCE FACILITY WHICH RECENTLY CLOSED.

HERE'S THE REQUEST SUMMARY AS WE REVIEWED AT YOUR WORK SESSION THE OTHER NIGHT.

WE WOULD LIKE TO REZONE IT FROM I2 TO M2.

THE REZONING REQUEST DOES INCLUDE A CONCEPTUAL PLAN THAT'S INCLUDED IN YOUR PACKET.

BECAUSE THE I2 ZONING DISTRICT IS NO LONGER EXISTING AS A ZONING DISTRICT AS WELL AS THE PROFFERED CONDITIONS ON THIS PARTICULAR PIECE OF PROPERTY, THE APPLICANT IS PROPOSING THE REZONING WITH A NEW SET OF PROFFERED CONDITIONS.

[01:15:03]

THIS IS THE CONCEPTUAL PLAN THAT IS DISCUSSED.

THERE'S THE CURRENT ROLLS ROYCE SITE, I BELIEVE IT'S LABELED AS BUILDING ONE.

AND THERE'S THEIR FUTURE BUILT TO SUIT CONCEPTUAL PLAN OF WHAT THEY MAY DO WITH THE REMAINING ACREAGE OF THE PROPERTY.

SO PLANNING AND ZONING PROVIDED A STAFF REVIEW THAT WE REVIEWED AGAIN ON YOUR MONDAY NIGHT WORK SESSION.

THEY ALSO, AS PART OF THIS PROPERTY, THEY WOULD LIKE TO SUBDIVIDE THE ROLLS ROYCE PLANT OFF OF THE MAIN PROP SO THEY WOULD HAVE A DEVELOPED AREA THAT THEY COULD MARKET TO POTENTIAL TENANTS OR BUYERS AS WELL AS THE FACILITY COULD BE IMMEDIATELY AVAILABLE FOR SOMEONE.

OTHER STAFF REVIEW COMMENTS.

THE VIRGINIA DEPARTMENT OF TRANSPORTATION, AS WE DISCUSSED ON MONDAY, DOES CURRENTLY SUPPORT THE AMENDED PROFFER THAT WAS INCLUDED WITH YOUR PACKET, WHICH RESTRICTS THE TOTAL NUMBER OF SQUARE FOOTAGE OF INDUSTRIAL SPACE FOR THIS SITE. IF THE APPLICANT IN THE FUTURE DESIRES TO BUILD OUT MORE, HE WOULD COME BACK WITH A REVISED APPLICATION OR A REVISED SUBMITTAL TO VDOT.

THE UTILITIES DEPARTMENT HAS CAPACITY FOR THE EXISTING BUILDING.

THERE'S CURRENTLY NO ADDITIONAL CAPACITY WHICH THE OWNER IS AWARE OF AND HAS WORKED WITH THE UTILITY DEPARTMENT.

BUT AS YOU ARE AWARE, WE ARE IN THE PROCESS OF INCREASING THAT CAPACITY THROUGH OUR PUBLIC UTILITIES DEPARTMENT.

ECONOMIC DEVELOPMENT IS SUPPORTIVE OF THIS PROPERTY AND IT IS LOCATED IN THE ENTERPRISE ZONE.

RECOMMENDATION FROM STAFF IS FOR APPROVAL SUBJECT TO THE RECOMMENDED CONDITIONS WHICH ARE BASED ON THE PROFFERS RECEIVED FROM THE APPLICANT.

THIS IS A, TO MEET SOME TIMELINES, THE BOARD OF SUPERVISORS PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 27TH.

IF YOU MAKE A RECOMMENDATION TONIGHT THAT WILL BE PRESENTED TO THEM AT THEIR NEXT MEETING.

THE APPLICANT'S REQUEST IS COMPATIBLE WITH EXISTING AND SURROUNDING LAND USES.

IT DOES CORRECT SOME RESTRICTIVE ZONING IN OUR INDUSTRIAL PARK THAT IS NOT APPROPRIATE FOR USERS BEYOND ROLLS-ROYCE.

THERE ARE NO MAJOR CONCERNS, AND WE DID NOT RECEIVE ANY NEGATIVE FEEDBACK FROM THE NOTIFICATION TO ADJACENT PROPERTY OWNERS OR OUR NEWSPAPER ADS.

THE APPLICANT HAS PROFFERED SEVERAL CONDITIONS WHICH OUR STAFF DOES FIND ACCEPTABLE.

THE HIGHLIGHTS OF THE CONDITIONS AND THE PROFFERS.

AGAIN, THE PROFFERED CONDITION ON THE LIMIT OF TOTAL SQUARE FOOTAGE BASED ON THE AVERAGE DAILY TRIP COUNTS WILL BE ADHERED TO.

AND THEY ALL ALSO PROFFERED SOME DEVELOPMENT STANDARDS WITH BUFFER ZONES AND THEY HAVE ALSO PROFFERED OUT CERTAIN USES THAT ARE ALLOWED IN M2 THAT WOULD NOT BE ALLOWED ON THIS PARCEL.

AND THE FULL LIST OF YOUR RECOMMENDED CONDITIONS IN THE PROFFERS ARE IN YOUR STAFF REPORT AND ALSO INCLUDED IN THE DRAFT ORDINANCE FOR YOUR REVIEW. AT THIS TIME I'D BE HAPPY TO TAKE ANY QUESTIONS YOU MAY HAVE ABOUT THIS.

AGAIN, ON PAGE TWO OF YOUR STAFF REPORT ARE SAMPLE MOTIONS AND THE APPLICANTS, THE APPLICANT AND ENGINEERING REPRESENTATIVE ARE HERE TONIGHT IF YOU DO HAVE ANY QUESTIONS FOR THEM.

AND AGAIN, I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE FOR THE PUBLIC HEARING.

ANY QUESTIONS? YES.

AS A RESULT OF THIS REZONING.

DID HE TAX BASIS CHANGE AT ALL ON THE PROPERTY THAT ROLLS-ROYCE ONCE OWNED IS NOW BEING PURCHASED BY SOMEONE ELSE.

NOT THAT I'M AWARE OF OTHER THAN THE NORMAL INCENTIVES FOR BUSINESSES IN THE ENTERPRISE ZONE.

[01:20:08]

I'M ASSUMING THAT ROLLS ROYCE WAS STILL PAYING TAXES ON THEIR FACILITY UNTIL THEY SOLD IT.

YES, I THINK THEY HAD ONE YEAR.

AND MY QUESTION IS.

THEY HAD A PERIOD OF SOME INCENTIVES, AS DOES EVERYBODY I BELIEVE IN THE ENTERPRISE.

YOU HAVE A QUESTION? I HAD A QUESTION JUST CONFUSED AGAIN HERE, AND IT KIND OF GOES BACK TO THE QUESTION OF REQUIREMENTS FOR EXCEPTIONS AND REZONINGS. I'M A LITTLE CONFUSED.

IF YOU COULD CLARIFY FOR ME, HOW DO WE DO AWAY WITH AND SAY THAT I3 IS NO LONGER REQUIRED AND MAKE A ZONING CLASSIFICATION OBSOLETE WITHOUT DETERMINING AND AUTOMATICALLY REZONING ANY REMAINING PROPERTIES IN THAT ZONING AREA TO CORRECTED NEW ZONING CATEGORY AUTOMATICALLY. I'M JUST TRYING TO UNDERSTAND HOW DO YOU DO AWAY WITH A ZONING COMMISSION, BUT THEN YET HAVE TO HAVE PERMISSION TO CHANGE ZONING FROM SOMETHING THAT DOESN'T EXIST ANYMORE? SO BASICALLY THEY HAD VESTED RIGHTS TO THAT EXISTING I2 ZONING.

SO THE USES, THERE ARE, WHEN THEY CHANGED THE ZONING CODE FROM I2 TO M2, THE EXISTING PROPERTIES WHICH I BELIEVE IS JUST THE ROLLS ROYCE PROPERTY WAS THE ONLY I2.

THEY HAD VESTED RIGHTS IN THAT ZONING SO AND THE USES THERE WERE ALLOWED IN THAT I2 ZONING.

SO NOW IT'S THEIR APPLICATION TO REZONE TO M2.

SO THERE'LL STILL BE TWO PARCELS THAT WILL STILL BE I2, TWO SMALL PARCELS, A SERVICE CENTER PARCEL AND THE PARCEL LAND BY ROLLS ROYCE.

THE 36 ACRE PARCEL WILL STILL BE I2.

SO WAS THE ORIGINAL INTENT OF THE I2 OR NEED SPECIFIC TO THE REQUIREMENTS OF THE FUNCTIONS OF WHAT THE SERVICE METALS COMPANY AND THE ORIGINAL I2 WAS SPECIFICALLY FOR ROLLS-ROYCE.

SO IT SOUNDS LIKE THAT WAS REALLY THE EXCEPTION.

AND NOW THAT ACTUALLY IT'S A LITTLE MORE COMPLICATED THAN THAT.

THERE WAS A ZONING CODE ADOPTED IN 2007 THAT INCLUDED NEW ZONING DEFINITIONS AND DISTRICTS.

AFTER ABOUT A YEAR, THAT ZONING CODE WAS REPEALED AND THE NEW ONE WAS PUT IN PLACE.

SO THERE ARE HOLDOVERS FROM THAT TIME PERIOD WHERE WE HAD A DIFFERENT ZONING CODE.

SO NOW IN 2022, THIS IS ONE OF THE PROPERTIES THAT DID GET REZONED DURING THAT TIME, CLASSIFIED AS I2.

AND THERE'S ONLY LIKE, AS MR. WHITTEN INDICATED, ONLY THREE PROPERTIES WITH THAT DESIGNATION.

HOW DID CENTER METALS GET THE I2? THEY BOUGHT A PIECE OF THE ROLLS ROYCE PROPERTY BEFORE THIS COMPANY PURCHASED THE REMAINDER.

THERE IS ACTUALLY ONE PROPERTY THAT ROLLS ROYCE STILL MAINTAINS OWNERSHIP OF.

THEY SOLD ONE PIECE, THE SERVICE CENTER, AND THEY HAVE NOW SOLD THIS PIECE.

SO IS IT OVERSIMPLIFICATION THAT AN APPLICANT HAD PURCHASED A ROLLS-ROYCE PROPERTY AND IS REQUESTING US TO CHANGE THE ZONING OF THAT PROPERTYTO THE CURRENT M2.

AND WITH THE NEW PROFFERS THAT REMOVES ALL OF THOSE RESTRICTIVE ONES THAT WERE TIED TO ROLLS-ROYCE.

AND IN YOUR PACKET, AS WE DISCUSSED MONDAY, THERE IS A LIST OF THOSE RESTRICTIONS THAT WERE ON THE PROPERTY.

DID SERVICE METALS GET A COPY OF THE PUBLIC NOTICE OF REZONING? MY OTHER QUESTION IS RELATED TO THE FACT OF THE CAPACITY ON THE PROPERTY.

WAS IT ALREADY PART OF THE ENTERPRISE ZONE PLANS AND DOCUMENTATION THAT THE COUNTY WOULD AUTOMATICALLY AGREE TO UPGRADE AT THE COUNTY'S EXPENSE, THE ADDITION OF SERVICES FOR THE ENTERPRISE ZONE AREA? OR IS THIS SOMETHING THAT THE COUNTY IS DOING ONLY SPECIFIC TO THIS REQUEST? UPGRADE WHICH SERVICES? THOSE STATED THAT THE CONNECTION TO PUBLIC WATER AND WASTEWATER SYSTEMS WOULD BE REQUIRED BECAUSE THERE IS CURRENTLY NO CAPACITY BEYOND THE ONE BUILDING THAT WAS BUILT ON THE PROPERTY.

THE COUNTY HAS COMMITTED TO LOOKING FOR WAYS TO INCREASE THE CAPACITY IN SEVERAL

[01:25:08]

AREAS OF THE COUNTY.

THE INDUSTRIAL PARK IS ONE OF THEM.

THIS IS ONE PROPERTY IN THAT PARK THAT IS CURRENTLY LIMITED ON THEIR WATER AND SEWER CAPACITY.

SO THE UTILITIES DEPARTMENT HAS RECEIVED SOME FUNDING AS WELL AS DEVOTED SOME OF THEIR CAPITAL TO MAKING IMPROVEMENTS FROM THE BUSINESS PARK TO THE CONNECTION WITH THE CITY OF PETERSBURG, AND THOSE PLANS HAVE BEEN IN PLACE FOR A WHILE AND ACTUALLY BEFORE THE PURCHASE OF THIS PROPERTY.

BUT IT IS TO BENEFIT ALL BUSINESSES IN THE INDUSTRIAL PARK.

I WAS ASKING FOR CLARIFICATION. WAS THAT SOMETHING THAT WAS ALREADY ALREADY IN THE WORKS.

OR SOMETHING BEING DONE SPECIFIC FOR THIS PROPERTY ONLY? I THINK THEY'VE BEEN WORKING TO INCREASE THAT BECAUSE THERE'S BEEN SEVERAL BUSINESSES THAT WERE GOING TO LOCATE THERE, BUT THEY DON'T HAVE SUFFICIENT SEWER AND WATER. SO I THINK THE COUNTY'S BEEN TRYING TO DO THAT FOR SOME TIME.

AS BEING NEW TO THE COMMISSION, I'M JUST NOT FAMILIAR WITH THAT BACKGROUND.

ANY OTHER QUESTIONS? THANK YOU. WOULD THE APPLICANT LIKE TO COMMENT ON ANYTHING OR BEFORE WE OPEN THE PUBLIC HEARING? GOOD EVENING, MR. CHAIRMAN.

MEMBERS OF THE COMMISSION. MR. WHITTEN. MY NAME IS ANDY [INAUDIBLE] HERE ON BEHALF OF THE PROPERTY OWNER.

I'LL JUST BE HAPPY TO ANSWER ANY QUESTIONS.

OBVIOUSLY, THE STAFF DID AN EXCELLENT JOB OF DESCRIBING WHAT WE'RE DOING.

WE'RE TRYING TO BECOME IN COMPLIANCE WITH THE CURRENT CODE TO BE ABLE TO LEASE THE PROPERTY AND REPURPOSE THESE BUILDINGS.

AND NUMBER TWO, TO AMEND THE PROFFERS TO GET RID OF THE RESTRICTIONS THAT ARE RESTRICTED TO ROLLS-ROYCE AND ADD THAT PROFFER NUMBER TWO THAT FURTHER RESTRICTS FURTHER DEVELOPMENT WITHOUT HAVING TO GO THROUGH ADDITIONAL TRAFFIC STUDIES AND IMPROVEMENTS.

SO HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

QUESTIONS? VERY GOOD.

THANK YOU. THANK YOU.

WITH THIS BEING A PUBLIC HEARING, I HEREBY OPEN THE PUBLIC HEARING FOR ANYONE THAT WISHES TO SPEAK FOR OR AGAINST THIS REZONING.

THERE BEING NO ONE, I HEREBY CLOSE THE PUBLIC HEARING AND TURN IT OVER TO THE COMMISSIONERS FOR A MOTION TO APPROVE OR DISAPPROVE THE REZONING.

[INAUDIBLE] MR. CHAIRMAN, I MOVE TO FORWARD REQUEST RZ 22-01 TO THE BOARD WITH THE RECOMMENDATION FOR APPROVAL SUBJECT TO THE PROFFERED CONDITIONS.

AND THE REASONS FOR THIS RECOMMENDATION IS COMPATIBLE WITH THE COMPREHENSIVE CURRENT SURROUNDING USES AND ZONING DISTRICTS.

I SECOND. MOTION BY MR. SIMMONS, SECONDED BY MR. JOYNER. CALL THE ROLL, PLEASE.

MR. JOYNER. YES.

MRS. ELDER. YES.

MR. BROWN IS ABSENT.

MRS. ANDERSON.

YES. MR. BROCKWELL IS ABSENT.

MR. BRESKO.

YES. MR. SIMMONS. YES.

THANK YOU. THANK YOU VERY MUCH.

NEXT IS COMMUNICATIONS.

[COMMUNICATIONS]

MR. GRAVES.

YEAH. ALL RIGHT.

GOOD EVENING ONCE AGAIN.

COMMUNICATIONS WILL BE BRIEF.

ACTIONS OF THE BOARD OF ZONING APPEALS.

THE SEPTEMBER MEETING WAS CANCELED.

THERE WERE NO CASES.

I BELIEVE WE'RE PAST THE DEADLINE FOR OCTOBER, SO THAT ONE WILL BE CANCELED.

NO CASES. BOARD OF SUPERVISORS, AT THE SEPTEMBER MEETING.

THE HIGHLIGHT OR THE RECAP SHEET IS IN YOUR PACKET UNDER TAB EIGHT.

AND OF NOTE, THEY APPROVED THE SPECIAL EXCEPTION FOR THE BAR PIT, THAT'S E 2206 THE [INAUDIBLE] BAR PIT.

[01:30:11]

AND IN YOUR PACKET UNDER TAB NINE, YOU HAVE FIVE UPCOMING CASES FOR OCTOBER.

WE HAVE THE SPECIAL EXCEPTION FOR JORDAN POINT COUNTRY CLUB.

THAT'S THE ONE THAT WE TALKED ABOUT AT A WORK SESSION, I THINK IT WAS AUGUST, THAT HAD TO GET POSTPONED FOR REASONS THAT WILL BE EXPLAINED IN THE STAFF REPORT.

THE REZONING REQUEST FOR HARVEST ROAD IS INDUSTRIAL PARK REZONING.

IT'S ALREADY AN INDUSTRIAL PARK.

IT'S JUST KIND OF REZONING TO M2 AND SPECIFYING SPECIFIC USES THAT WILL BE ALLOWED THERE.

THE NEXT ONE IS REZONING AND COMPREHENSIVE PLAN AMENDMENT RELATING TO THEIR FORMER CONTINENTAL MOTEL PROPERTY, WHICH HAD A CONTINENTAL MOTEL ON IT FOR A LONG TIME.

AND THE COUNTY OWNS THAT AND WOULD LIKE TO MARKET IT FOR RESTAURANT OR RETAIL TYPE USE, SO THEY WOULD LIKE TO REZONE IT TO BUSINESS.

AGAIN, THERE WAS A BUSINESS USE ON THE PROPERTY BEFORE AND IT'S IN THE COUNTY STRATEGIC PLAN TO HAVE THAT REZONE TO BUSINESS ANYWAY.

SO BOTH THE COMPREHENSIVE PLAN AMENDMENT AND THE REZONING ARE RELATED TO EACH OTHER.

AND THEN FINALLY, FOR NEXT MONTH, WE HAVE A HOME BASED CAR REPAIR SHOP SPECIAL EXCEPTION.

DON'T HAVE ANY MORE COMMUNICATION FROM STAFF.

DO YOU HAVE ANY QUESTIONS FOR US BEFORE WE HEAD OUT.

QUESTIONS? ALL RIGHT.

THANK YOU. I'LL ENTERTAIN A MOTION TO ADJOURN.

I MAKE A MOTION WE ADJOURN.

SECOND. MOTION MS. ELDER. SECOND MR. JOYNER. CALL THE ROLL, PLEASE.

MRS. ELDER.

YES. MR. BROWN. ABSENT.

MRS. ANDERSON.

MR. BROCKWELL IS ABSENT.

MR. BRESKO.

YES. MR. SIMMONS. YES.

MR. JOYNER.

YES. THANK YOU.

MEETING ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.