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[00:00:02]

I CALL TO ORDER THE PLANNING COMMISSION MEETING FOR NOVEMBER THE 16TH,

[CALL TO ORDER]

2023. CALL THE ROLL.

. MS. ANDERSON'S ON THE WAY.

SHE HUNG UP [INAUDIBLE].

WOULD YOU PLEASE STAND AND JOIN US IN THE INVOCATION AND THE PLEDGE OF ALLEGIANCE? DEAR LORD, WE ASK FOR YOUR GUIDANCE AND WISDOM TO MAKE DECISIONS FOR THE BEST OF OUR CITIZENS OF PRINCE GEORGE COUNTY. BE WITH THE SICK AND BEREAVED.

AND BLESS OUR MANY VETERANS.

TAKE US HOME SAFELY.

AMEN. AMEN.

[ADOPTION OF AGENDA]

IF YOU WOULD LOOK UNDER TAB ONE AT THE ADOPTION OF THE AGENDA, AND I NEED A MOTION AND A SECOND FOR ADOPTION.

MOTION TO ADJOURN TO BE ADOPTED.

SECOND. CALL THE ROLL.

THANK YOU. AT THIS TIME, ANYONE WISHING TO MAKE COMMENTS, PLEASE COME FORWARD. STATE YOUR NAME AND ADDRESS AND YOU HAVE THREE MINUTES TO SPEAK.

OH, ANYTHING THAT'S NOT ON THE AGENDA.

I'M SORRY.

SEEING NO ONE.

I CLOSE THE PUBLIC COMMENT PERIOD.

[COMMISSIONERS’ COMMENTS]

NOW IT'S TIME FOR OUR COMMISSIONERS TO MAKE ANY COMMENTS THAT THEY LIKE.

I WOULD LIKE TO WELCOME DAVID GRAY AS ONE OF OUR PLANNERS TO THE PLANNER DEPARTMENT.

I THINK HE'S OUT THERE.

OKAY. IT'S GOOD TO SEE YOU.

AND I'D LIKE TO WISH EVERYONE A BLESSED THANKSGIVING.

ANYONE ELSE?

[ORDER OF BUSINESS]

OKAY, NOW WE COME TO THE ADOPTION OF THE WORK SESSION.

MINUTE, MEETING MINUTES FOR OCTOBER THE 23RD UNDER TAB TWO.

WOULD YOU PLEASE LOOK OVER AND THEN I NEED A MOTION AND A SECOND.

I MOVE TO ADOPT THE WORK SESSION MEETING MINUTES FROM OCTOBER 23RD, 2023.

SECOND. CALL ROLL.

YES. NOW WE'RE KIND OF ON THE TAB THREE.

THE ADOPTION OF THE BUSINESS MEETING MINUTES FOR OCTOBER THE 26TH, 2023.

PLEASE LOOK OVER THEM.

AND I NEED A MOTION AND A SECOND.

MAKE A MOTION WE APPROVE THE MINUTES.

SECOND. CALL THE ROLL, PLEASE.

NOW, TIM GRAVES WILL BRING US THE INFORMATION ON THE SUBDIVISION WAIVER.

SW-23-02

[00:05:11]

. ALL RIGHT. GOOD EVENING, MADAM CHAIR, ELDER AND MEMBERS OF THE COMMISSION.

ALL RIGHT. THIS IS A REQUEST TO WAIVE STANDARDS CONTAINED IN ARTICLE SEVEN OF THE SUBDIVISION ORDINANCE TO PERMIT A SUBDIVISION OF ONE LOT INTO SIX FAMILY SUBDIVISION LOTS, WITHOUT ADHERING TO ALL OF THE DESIGN STANDARDS OF ARTICLE SEVEN.

SO WITHOUT ADHERING TO SPECIFIC DESIGN STANDARDS OF ARTICLE SEVEN.

THE APPLICANT REQUESTS A WAIVER OF TWO CODE SECTIONS.

ONE OF THEM IS ABOUT RESIDENTIAL.

ONE OF THEM LIMITS RESIDENTIAL DEVELOPMENT ON PRIVATE ROADS TO NO MORE THAN THREE LOTS, AND THEY'RE ALSO REQUESTING A WAIVER OF THE REQUIREMENT THAT THE PRIVATE ROAD MEET MINIMUM DESIGN STANDARDS AT THE TIME OF PLAT APPROVAL, AND THE SUBJECT PROPERTY IS ZONED RESIDENTIAL AGRICULTURAL.

IT'S LOCATED ON AN EXISTING PRIVATE ROAD THAT ACCESSES SOUTH CRATER ROAD, 2500FT SOUTH OF THE INTERSECTION WITH EAGLE ROCK ROAD, AND WE'VE PROVIDED THE TAX MAP NUMBER AND THIS RELATES TO A SUBDIVISION APPLICATION THAT'S IN THE PLANNING DEPARTMENT OFFICE AND THE ID NUMBER FOR THAT IS PROVIDED.

SO THIS IS THE MAP SHOWING THE PROPERTY OUTLINED IN RED.

YOU CAN SEE IT LOCATED ALONG AN ACCESS EASEMENT SURROUNDED BY OTHER PROPERTIES.

AND YOU CAN SEE SOUTH CRATER ROAD ON THE TO THE WEST THERE.

SO YOU GOT SOUTH CRATER ROAD AND THEN THE PRIVATE ROAD COMES OFF OF THAT.

AND THEN THIS PROPERTY IS OFF OF THAT PRIVATE ROAD.

THIS SLIDE SHOWS THE AERIAL VIEW.

IT'S OUTLINED THE PROPERTIES OUTLINED IN BLUE.

IT'S CURRENTLY COVERED IN TREES RIGHT NOW.

AND YOU CAN ALSO AGAIN SEE THE PATH THAT THE ACCESS EASEMENT WITH THE PRIVATE ROAD IN IT, WHAT PATH THAT TAKES.

AND YOU CAN SEE OTHER HOUSES THAT ALSO ACCESS THAT SAME PRIVATE ROAD.

THIS IS A VIEW OF THE PLAT THAT IS PROPOSED, WHICH WOULD DIVIDE ONE LOT INTO SIX LOTS.

SO YOU CAN SEE THE SIX LOTS THERE THAT ARE INTENDED FOR THE GRANDCHILDREN OF THE PROPERTY OWNER.

AND YOU CAN ALSO SEE THE ADJACENT LOTS THAT NEARBY, LOTS THAT SHARE THE SAME PRIVATE ROAD FOR ACCESS.

THIS IS A VIEW OF THE ENTRANCE OF THAT PRIVATE ROAD ONTO OR AND FROM SOUTH CRATER ROAD.

SO THAT'S JUST THE ENTRANCE WHERE IT INTERSECTS SOUTH CRATER ROAD.

BACKGROUND ON THIS REQUEST IS THAT THE PROPERTY OWNER SUBMITTED A PLAT FOR REVIEW, WHICH SHOWS THE PROPOSED SUBDIVISION OF ONE ONE LOT INTO SIX.

AND KEEP IN MIND THAT THE SUBDIVISION ORDINANCE PROVIDES REQUIREMENTS FOR DESIGN STANDARDS AND PUBLIC IMPROVEMENTS.

THESE ARE REQUIREMENTS THAT APPLY TO ALL SUBDIVISION ACTIVITY, INCLUDING ONE LOT DIVIDED INTO TWO OR MORE LOTS, SO THAT APPLIES TO ANYONE SUBDIVIDING LAND AND THERE'S ANOTHER CODE SECTION IN THE SUBDIVISION ORDINANCE THAT ALLOWS THE PLANNING COMMISSION TO WAIVE CERTAIN STANDARDS UPON REQUEST OF A PROPERTY OWNERAND IF THOSE IF THAT REQUEST MEETS CERTAIN CRITERIA AND THE CRITERIA IS PROVIDED THERE.

NUMBER ONE IS IN CASES OF UNUSUAL SITUATIONS OR WHERE STRICT ADHERENCE TO THE GENERAL REGULATIONS WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP.

SO THAT'S UP TO THE PLANNING COMMISSION TO DECIDE IF SOMETHING MEETS THAT CRITERIA.

THE SECOND CRITERIA IS IT SHALL NOT.

BASICALLY IT CANNOT BE SOMETHING THAT'S ILLEGAL OR AND IT CANNOT PREJUDICE THE HEALTH AND SAFETY OF CITIZENS OF THE COUNTY.

SUMMARY OF THIS REQUEST IN RELATION TO THAT BACKGROUND INFORMATION.

THIS IS A FAMILY DIVISION OF ONE LOT INTO SIX LOTS FOR SIX GRANDCHILDREN.

AND SO THE SPECIFIC CODE SECTIONS THAT THEY WANT TO WAIVE ARE PROVIDED THERE.

AND AGAIN ONE SECTION IS PERTAINING TO THE LIMIT ON THE NUMBER OF RESIDENTIAL LOTS THAT IS ALLOWED TO BE ON A PRIVATE ROAD.

THAT NUMBER IS THREE. THAT'S THE CURRENT LIMIT IN THE ORDINANCE.

AND THE SECOND CODE SECTION THEY WANT A WAIVER OF REQUIRES THAT PRIVATE ROADS SERVING RESIDENTIAL LOTS MUST MEET A VDOT STANDARD OF DEVELOPMENT OR OF CONSTRUCTION, EXCEPT THAT IT MAY HAVE A GRAVEL SURFACE INSTEAD OF AN ASPHALT SURFACE.

AND THE APPLICANT'S JUSTIFICATION FOR WHY THEY WANT THEY THINK THEY MERIT A WAIVER HERE.

IS THAT THE FAMILY, THE LAND HAS BEEN IN THE FAMILY SINCE 1990.

THESE ARE JUST KEY POINTS THAT WE'RE SUMMARIZING.

IT'S BEEN IN THE FAMILY SINCE 1990.

AND THEY SAID THE EXISTING ROAD IS KEPT IN GOOD CONDITION AND IS ACCESSIBLE FOR EMERGENCY VEHICLES.

[00:10:03]

AND IT'S BEEN SUCCESSFULLY USED BY EMERGENCY VEHICLES IN THE PAST TO REACH A PROPERTY ON THE ALONG THE ROAD.

AND THEY SAID THAT TWO VEHICLES ARE ABLE TO PASS EACH OTHER IN ALMOST ALL AREAS OF THE ROAD.

AND THEY SAID THAT THE ESTIMATED COST, IF THEY BRING THAT ROAD UP TO THE COUNTY STANDARD, WOULD BE 400, ABOUT $400,000.

UM, AND SO THE ACTIONS FOR THE PLANNING COMMISSION TONIGHT ARE TO APPROVE OR DENY THIS REQUEST, AND YOU'LL NEED TO PROVIDE A REASONS FOR YOUR APPROVAL OR DENIAL AND CHOOSE TO INCLUDE OR DON'T INCLUDE CONDITIONS THAT GO ALONG IF YOU DO APPROVE IT.

SO PLANNING DEPARTMENT REVIEWED THIS REQUEST AND WE HAD SOME COMMENTS.

SO AS A REMINDER, IF THE PLAT IF YOU DO APPROVE THIS WAIVER, THEN THE PLAT STILL WOULD HAVE TO MEET ALL OTHER APPLICABLE REQUIREMENTS THAT ARE IN THE COUNTY CODE.

IT'S JUST A WAIVER OF TWO SPECIFIC CODE SECTIONS THAT THEY'RE ASKING FOR.

SO OF, ALSO OF THE 11 LOTS THAT APPARENTLY ACCESS THIS EXISTING EASEMENT.

THERE'S ONLY ONE STAT, ONE LOT THAT STAFF HASN'T HEARD FROM BECAUSE THE APPLICANT PROVIDED BASICALLY A STATEMENT SIGNED BY ALL THE OTHER OWNERS ON THAT ROAD THAT THEY DIDN'T HAVE ANY ISSUE WITH THIS.

THE ONLY ONE WE DIDN'T HEAR FROM IS BRANDON STEWART.

THAT APPEARS TO BE A FAMILY MEMBER, AND THE APPLICANT COULD COMMENT ON THAT IF YOU ASK FOR THAT LATER.

SINCE 2007, THE PLANNING COMMISSION HAS CONSIDERED SEVEN WAIVERS BEFORE THIS ONE.

AND OF THOSE WAIVERS, THREE OF THEM WERE ABOUT THE NUMBER OF LOTS THAT ARE ALLOWED ON A PRIVATE ROAD.

SO KEEPING TRACK OF THE HISTORY HERE, IN 2008, THE PLANNING COMMISSION ALLOWED A FOURTH LOT ON A NEW PROPOSED PRIVATE ROAD FOR PARENT TRACT DIVISION. BUT BASICALLY THE MAIN THING HERE IS A FOURTH LOT ON A NEW ROAD AND IN 2013, THE COMMISSION ALLOWED A FOURTH LOT ON AN EXISTING PRIVATE ROAD FOR A FAMILY DIVISION.

AND IN 2022 THE COMMISSION ALLOWED A FOURTH LOT ON AN EXISTING PRIVATE ROAD FOR A FAMILY DIVISION.

UM. IN COMPARISON, THIS REQUEST WOULD ALLOW SIX ADDITIONAL LOTS ON A ROAD THAT SERVES APPROXIMATELY NINE LOTS CURRENTLY AND MAYBE.

YEAH SO AND THIS IS THE FIRST WAVE OF REQUESTS REGARDING THE DESIGN STANDARD FOR THAT ROAD.

WHAT DOES THAT WHAT LEVEL OF CONSTRUCTION HAS IT HELD UP TO? REMEMBER THEY'RE ASKING FOR TWO WAIVERS.

ONE IS ABOUT THE NUMBER OF LOTS ALLOWED ON A ROAD.

AND NUMBER TWO IS ABOUT WHAT THAT ROAD, HOW THAT ROAD IS BUILT.

ALRIGHT PLANNING DEPARTMENT ALSO REVIEWED THE CRITERIA THAT IS PROVIDED FOR THE COMMISSION TO DECIDE.

SO WE JUST PROVIDED SOME COMMENTS FOR CONSIDERATION BY THE PLANNING [INAUDIBLE] IN STAFF'S VIEW, THIS DOES NOT APPEAR TO BE AN UNUSUAL SITUATION IN THAT THE SAME REQUIREMENT WOULD APPLY TO ANYONE SEEKING TO SUBDIVIDE THEIR LAND IN THE COUNTY.

ANYONE THAT WOULD WANT TO ADD LOTS ON A RESIDENTIAL ROAD WOULD FACE THE SAME REQUIREMENTS.

SO AS FOR WHETHER THIS IS A SITUATION THAT IS WHERE STRICT ADHERENCE TO THESE REGULATIONS WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP, THAT WILL BE UP TO THE PLANNING COMMISSION TO DECIDE WHETHER THAT'S, AGAIN, THIS IS A SUBSTANTIAL INJUSTICE OR HARDSHIP.

AND IF THE COMMISSION DOES BELIEVE THAT, THEN THE STAFF RECOMMENDS THAT THE COMMISSION SHOULD STATE WHAT THAT INJUSTICE OR HARDSHIP IS FOR FUTURE REFERENCE.

THE SECOND CRITERIA IS AGAIN ABOUT WHETHER THIS IS ILLEGAL OR WHETHER IT PREJUDICE THE HEALTH AND SAFETY OF THE CITIZENS OF THE COUNTY.

AND SO THERE DOES NOT APPEAR TO BE ANYTHING ILLEGAL ABOUT THIS REQUEST.

ASSUMING THAT THE PROPERTY HAS THE PROPERTY OWNER HAS THE RIGHT TO USE THAT ACCESS EASEMENT, WHICH WE DON'T DOUBT OR JUST THAT'S JUST TECHNICALLY THE CASE.

IT IS UP TO THE PLANNING COMMISSION TO DECIDE WHETHER GRANTING THIS REQUEST WOULD PREJUDICE THE HEALTH AND SAFETY OF CITIZENS OF THE COUNTY, AND THAT IS SOMETHING YOU MIGHT CONSIDER THERE WOULD BE WHAT DO THE OTHER LOT OWNERS THINK ON THE PRIVATE ROAD? IN THIS CASE, YOU DO HAVE A STATEMENT FROM OTHER LOT OWNERS SAYING THAT THEY HAD NO ISSUE WITH IT.

BUT THERE MAY BE OTHER FACTORS THAT YOU WANT TO CONSIDER.

OF OTHER STAFF THAT HAVE REVIEWED THIS PLAT, WHICH IS PROPOSED TO DIVIDE THE PROPERTY.

[00:15:02]

THE MOST RELEVANT COMMENT COMES FROM VDOT FROM VIRGINIA DEPARTMENT OF TRANSPORTATION, AND THEY SAID THAT THIS SUBDIVISION WILL CREATE MORE THAN FIVE LOTS.

IT WILL BASICALLY RESULT IN MORE THAN FIVE LOTS.

SHARING AN ENTRANCE ON SOUTH CRATER ROAD.

AND VDOT REGULATIONS REQUIRE THAT ENTRANCE TO BE MEET A WHAT THEY CALL A COMMERCIAL ENTRANCE STANDARD.

AND THEY PROVIDED A REFERENCE FOR THAT.

AND THEY SAID THAT THE ENTRANCE MUST HAVE A MINIMUM, BE A MINIMUM OF 24 FOOT WIDE PAVED, AND THEY MUST HAVE A SUFFICIENT DISTANCE IN EACH DIRECTION.

SO THAT'S SOMETHING THAT THE APPLICANT, THE PROPERTY OWNER, WILL HAVE TO MAKE SURE THAT'S MET REGARDLESS OF WHAT YOUR DECISION IS.

BUT THAT'S JUST RELEVANT AND THAT'S WHERE THE AGAIN, THAT'S ALL ABOUT THE WHERE THE PRIVATE ROAD INTERSECTS SOUTH DAKOTA ROAD.

BUT THE WAIVERS THAT THEY'RE ASKING FOR ARE ABOUT THE REST OF THE ROAD.

EVERYTHING PAST THAT ENTRANCE.

WE DID NOTIFY ADJACENT PROPERTY OWNERS.

WE DIDN'T HEAR ANY COMMENTS FROM THE COMMUNITY ABOUT THIS PRIOR TO THE MEETING.

STAFF'S RECOMMENDATION AND SINCE THIS IS A WAIVER REQUEST, WE GENERALLY DO NOT PROVIDE A RECOMMENDATION.

THERE IS A REQUEST TO WAIVE A STANDARD ORDINANCE REQUIREMENT.

SO IF THE COMMISSION WISHES TO DENY THIS REQUEST, IT IS REQUIRED TO PROVIDE A REASONS FOR DENIAL, A REASON OR REASONS.

AND IF THE COMMISSION WISHES TO APPROVE THIS REQUEST, IS REQUIRED TO FIND THAT THE REQUEST MEETS ALL OF THE CRITERIA PROVIDED FOR IN THE ORDINANCE AND STAFF HAS PROVIDED FOR THE COMMISSION.

SAMPLE MOTIONS. WHETHER YOU WISH TO APPROVE IT, DENY IT OR POSTPONE IT, AS WELL AS A DRAFT RESOLUTION FOR APPROVAL, AS WELL AS A DRAFT RESOLUTION FOR DENIAL.

AND WE HAVE PROVIDED RECOMMENDED CONDITIONS IF YOU DO WISH TO APPROVE IT.

IF YOU DO WISH TO APPROVE IT, HERE ARE OUR RECOMMENDED CONDITIONS.

NUMBER ONE, I'M NOT GOING TO READ IT WORD FOR WORD, BUT BASICALLY NUMBER ONE IS THAT IT'S SPECIFICALLY WOULD BE GRANTED FOR THESE SIX ADDITIONAL LOTS SINCE THAT'S WHAT THEY'VE ASKED FOR ON THE PLAT AND NUMBER TWO IS ABOUT.

UH, JUST CLARIFYING THAT THE ROAD WOULD NOT BE IMPROVED OR MAINTAINED BY ANY COUNTY OR STATE FUNDS.

THIS ROAD IS A PRIVATE ROAD, SO IT'D BE UP TO THEM TO MAINTAIN IT.

AND PRIOR TO PLAT APPROVAL, THEY WOULD.

WE WOULD ASK THAT WE WOULD RECOMMEND THAT THEY SHOULD PROVIDE DOCUMENTATION CONFIRMING THEIR LEGAL RIGHT TO USE THE ACCESS EASEMENT.

IN ALL LIKELIHOOD, THAT IS OUT THERE.

WE JUST WANT TO SEE THAT, HAVE THE DOCUMENTATION.

THE MAINTENANCE OF THE PRIVATE ROAD SHALL BE GOVERNED BY OUR RECORDED ROAD MAINTENANCE AGREEMENTS.

SO WE RECOMMEND THAT IF YOU DO APPROVE THIS, THAT THERE BE A ROAD MAINTENANCE AGREEMENT.

WHILE THIS MIGHT BE ABOUT FAMILY MEMBERS TODAY, THESE ROAD WILL EVENTUALLY BE USED BY PEOPLE THAT ARE NOT RELATED.

AND HAVING SOME KIND OF ROAD MAINTENANCE AGREEMENT IS TENDS TO HELP THAT AND THAT IT WILL ENSURE THERE'S AT LEAST SOMETHING TO GO ON WHEN THEY HAVE DISAGREEMENT.

UM, NUMBER FIVE IS THAT IF THIS IS APPROVED, THEN THE PLAT THE PAPER DOCUMENT NEEDS TO HAVE A NOTE THAT EXPLAINS THAT THERE WAS A WAIVER BASICALLY.

NUMBER SIX CONDITION WOULD BE IS ABOUT THE VDOT REQUIREMENT.

AND JUST STATING THAT THEY WOULD NEED TO GET THAT BEFORE THEY BUILD ANY ADDITIONAL DWELLINGS ON THE ROAD.

IF NOT SOONER. IF THEY DON'T GET THAT PERMIT FROM VDOT SOONER.

AND THEN THE NUMBER SEVEN IS ANOTHER CLARIFYING, JUST CLARIFICATION THAT THEY WOULD NEED TO GET A LAND DISTURBANCE PERMIT PRIOR TO CONSTRUCTING ANY EXTENSIONS OF THAT ROAD.

SINCE THEY ARE PROPOSING SIX LOTS, THEY'LL HAVE TO EXTEND PARTS OF THE ROAD OR BUILD NEW AREAS, AND THAT MAY BE SUBJECT TO LAND DISTURBANCE PERMIT, WHICH IS A STANDARD COUNTY AND STATE REQUIREMENT.

SO THOSE ARE THE RECOMMENDED CONDITIONS THAT STAFF HAS FOR YOU IF YOU DO WISH TO PROVE THIS.

SO AT THIS POINT, THIS IS NOT OFFICIALLY A PUBLIC HEARING, BUT YOU MAY WANT TO GIVE ANY PUBLIC THAT WANT TO SPEAK THE OPPORTUNITY TO SPEAK.

AND IF THE APPLICANT, PROPERTY OWNER AND SOME OF THEIR FAMILY IS HERE, IF YOU HAVE ANY QUESTIONS FOR THE PROPERTY OWNER.

THANK YOU. DID YOU WANT TO SAY ANYTHING? YES. SO HE'S GOING TO COME UP.

GIVE ME AN OPPORTUNITY TO SPEAK TO YOU.

PROBABLY. MOST OF YOU KNOW ME HERE.

I'VE SPENT MY CAREER HERE WORKING FOR THE COUNTY OF PRINCE GEORGE.

I STARTED WORKING IN PRINCE GEORGE, DRIVING A SCHOOL BUS AT 16 YEARS OLD.

I THINK MR. BRESKO MIGHT HAVE DROVE ONE AT THE SAME TIME.

I DON'T KNOW IF HE DIDN'T OR NOT.

YEAH, I DID, I WENT ON, I'M A POLICE OFFICER FOR PRINCE GEORGE, WORKED MY WAY UP TO A SERGEANT, DETECTIVE DIVISION, RUNNING DETECTIVE [INAUDIBLE].

[00:20:04]

I HAD A HEART ATTACK WHILE I WAS WORKING HAD TO HAVE A PACEMAKER PUT IN, [INAUDIBLE]. ME AND MY FATHER AND MY BROTHER PURCHASED THIS LAND FROM [INAUDIBLE] WE DIVIDED IT UP 34 ACRES APIECE.

I DIVIDED MINE UP TO [INAUDIBLE].

MY BROTHER DIVIDED HIS UP.

MY FATHER SAID, I WANT TO KEEP MINE FOR ALL MY GRANDCHILDREN.

WHEN HE PASSED AWAY, THE LAND WAS GAVE, GET LEFT TO ME, AND I'M HERE TO TRY TO HONOR THAT PROMISE I PROMISED MY GRANDCHILDREN.

[INAUDIBLE]. FOUR OF THEM THAT'S ON THE APPLICATION.

I PROMISED THEM THEY WERE BORN AT THAT LOCATION.

THEY WERE RAISED UP AT THAT LOCATION.

THEY PLAYED ON IT. THEY'VE HUNTED ON THE LAND.

I PROMISED HIM THAT THEY WOULD BE ABLE TO GET THAT LAND TO BUILD MY HOUSE, [INAUDIBLE] ALL OF THEM WANT TO BUILD THERE, [INAUDIBLE] I GOT TWO OTHER GRANDCHILDREN.

THEY LIVE IN RALEIGH.

ONE IS THREE.

ONE IS SIX.

YOU SEE, YOU'VE GOT COPIES OF BIRTH CERTIFICATES OF ALL OF THEM.

THE DOCUMENT THAT THEY ARE STEWARTS.

[INAUDIBLE] AND THE REASON I'VE GIVEN IT THEM.

NO DISRESPECT TO MY PARENTS.

I THANK WHAT HE DID, BUT I WAS RAISED UP THINGS WEREN'T ALWAYS TREATED EQUALLY, AND I WANTED TO MAKE SURE THAT ALL MY FAMILY MEMBERS ARE TREATED EQUALLY.

WE HAVE TRIED FOR THE LAST THREE YEARS.

THE LATE JULIE WALTON WAS TRYING TO HELP US TO GET THIS THING RIGHT.

SHE SAYS, I KNOW IT'S NOT RIGHT.

THE COUNTY IS WORKING ON GETTING THIS REARRANGED, GET IT BACK STRAIGHTENED OUT.

WE EVEN TRIED SOME OTHER WAYS.

SHE TRIED FOR US TO BE ABLE TO GET SOME LAND COMING OFF THE BACKSIDE OF THE PROPERTY BY A DIFFERENT PEAK, GET A DIFFERENT RIGHT OF WAY TO COME IN AND GET ANOTHER ROAD ENTRANCE WHERE WE MIGHT HAVE TO COME BACK TO Y'ALL.

ANYWAY, WE HAD ONE, WE THOUGHT WE HAD IT.

I PAID $1,000 TO HAVE IT SURVEYED.

COME TO FIND OUT, THE ATTORNEY, LOUIS WHITE, SEARCHED IT.

HE DIDN'T EVEN OWN THE LAND.

THE COUNTY HAD BEEN CHARGING HIM FOR TAXES ON THE PROPERTY.

HE NEVER GOT THAT STRAIGHTENED OUT.

SO THAT WAS $1,000 THAT I THROWED OUT THE WINDOW.

SINCE THEN, I HAVE INVESTED $20,000 ON SURVEY AND HAVING SOIL SAMPLES DONE ON THIS PIECE OF PROPERTY.

I'VE ALSO [INAUDIBLE]BY THE HEALTH DEPARTMENT, ANOTHER $35,000 OFF THE TIMBER THAT I COULD CUT OFF OF IT.

BUT IF I GO TO CUT THE TIMBER, IF YOU ALL DO GRANT ME PERMISSION TO BE ABLE TO GIVE IT TO MY GRANDCHILDREN.

THAT'S ALL. IT'S FOR MY GRANDCHILDREN, NOBODY ELSE.

THEY HAVE LIVED ON THE ROAD.

THEY TRAVELED ON THE ROAD.

THERE'S REALLY NO MORE TRAFFIC EXCEPT FOR TO GET MARRIED AND THAT'S WHAT THE LAND IS FOR.

SO WHAT I'M TRYING TO SAY IS THIS.

THAT, YOU KNOW, THE LAND IS NOT TO BE SUBDIVIDED.

IT'S NOT TO BE GIVEN TO ANYBODY ELSE.

IT'S TO THEM TO LIVE THERE THAT HAVE ALWAYS LIVED THERE ALL THEIR LIFE.

AND WHAT I'M WANTING TO DO IS I WANT TO BE ABLE TO DO THAT TO MY GRANDKIDS.

I PROMISE THEM THAT AND I'VE TRIED TO DO EVERYTHING WE COULD TO GET ANOTHER WAY TO [INAUDIBLE] . Y'ALL WAS IN MY SITUATION, YOU HAD GRANDKIDS, YOU HAD CHILDREN, AND [INAUDIBLE].

YOUR HEIRS. YOU WOULD LIKE TO SEE THEM GET IT.

[INAUDIBLE].

MY SON'S HERE WITH ME.

HE MIGHT HAVE SOMETHING TO SAY ABOUT IT.

LIKE I SAY, MS. WALTON HAS TRIED EVERYTHING SHE COULD, AND WE TRIED EVERY OTHER WAY TO GET IT.

I COULD NOT GET THE OTHER RIGHT AWAY [INAUDIBLE] CLOSE BY.

HE WOULD NOT SELL ME ANY LAND BECAUSE I ARRESTED HIS SON AND PUT HIS SON [INAUDIBLE].

I KNEW THAT WAS GOING TO HAPPEN.

I EVEN HAD TRIED TO BACKDOOR REAL ESTATE MAN TO GET IT, BUT HE COULDN'T EVEN GET IT.

ALRIGHT. SO WE'VE DONE EVERYTHING SEEMS LIKE WE'VE BENT OVER BACKWARDS.

AND I UNDERSTAND THESE REGULATIONS THAT TIM HERE BROUGHT UP ABOUT THE HIGHWAY DEPARTMENT.

ORIGINALLY YEARS AGO, THAT ROAD WAS PAVED THERE, BUT IT WORE OUT.

I HAVE NO PROBLEM [INAUDIBLE].

WE'VE LOOKED AT THE VIEW OF IT.

I ALSO HAVE A LETTER HERE AND HAD A CHANCE TO GIVE IT TO TIM.

I JUST GOT IT THIS AFTERNOON FROM CHIEF OF FIRE DEPARTMENT SCOTT CAMPBELL.

HE WENT DOWN THERE AND CHECKED THE ROAD OUT.

AND THIS IS THE LETTER.

IF I WOULD LIKE TO HAND IT TO THE CHAIRMAN.

IF SHE DON'T MIND. DO IT OR HAND IT TO TIM.

GIVE IT TO TIM IF YOU DON'T MIND.

ANYWAY.

I'M JUST WONDERING. I'LL JUST SAY I'M READING THE LETTER.

IT SAYS I RECENTLY WENT INTO MR. STEWART'S PRIVATE DRIVE OFF OF SOUTH CRATER ROAD.

I DID IT IN ORDER TO DO A VISUAL ON THE ROADWAY FOR ACCESS OF FIRE TRUCKS TO THE PROPERTIES ON THE DRIVE.

THE DRIVE IS PLENTY WIDE AND GRAVELED, PLENTY WIDE AND GRAVELED TO ALLOW INGRESS AND EGRESS FOR OUR FIRE TRUCKS TO GAIN ACCESS TO ALL THE PROPERTIES ON THE DRIVE.

[00:25:08]

CHIEF SCOTT [INAUDIBLE] MATTER OF FACT, WE HAD A FIRE TRUCK.

I WAS OUT OF TOWN. I WAS IN PENNSYLVANIA, HAD A FIRE TRUCK, SOME NEIGHBORS, THEY LEFT SOME ASHES [INAUDIBLE] AND ONE OF THE BIG FIRE TRUCKS WAS OUT THERE, AND THEY SENT ME A TEXT MESSAGE AND [INAUDIBLE].

SO IF YOU HAVE ANY OTHER QUESTIONS BY ME, I WOULD BE GLAD TO ANSWER THEM.

MY SON'S HERE ALSO.

I KNOW THIS IS ASKING A LOT, BUT IT SEEMS LIKE WE'VE TRIED TO JUMP THROUGH EVERY HURDLE, JUMP THROUGH EVERYTHING WE COULD DO, AND IT'S LIKE I SAY, IT COST ME A LOT AMOUNT OF MONEY, BUT I DON'T MIND IT BECAUSE IT'S FOR MY GRANDCHILDREN AND IT'S FOR THEM TO BE ABLE TO BUILD THEM A HOUSE COMMUNITY THAT THEY'VE RAISED UP ON, AND WE'D LIKE TO KEEP THEM IN THE PRINCE GEORGE AND LIKE I SAY, RUN MY BUSINESS IN PRINCE GEORGE.

I KNOW ALL OF YOU KNOW, MY BUSINESS IS IN PRINCE GEORGE, 38 YEARS.

LIKE I SAY, I STARTED IN PRINCE GEORGE WHEN I WAS IN THE SECOND GRADE, AND I WANT TO THANK YOU ALL SO MUCH FOR AT LEAST TAKING THE OPPORTUNITY [INAUDIBLE].

THE TWO CHILDREN YOU SAY THAT ARE UNDER AGE ARE IN NORTH CAROLINA.

YES, MA'AM. ARE THEY? IS THEIR LAST NAME STEWART? YES, MA'AM. OH, OKAY.

THAT'S MY YOUNGEST SON.

IT WAS LIKE AN 18 YEARS DIFFERENCE BETWEEN THE OTHER TWO OLDER ONES.

[INAUDIBLE], THAT'S OKAY.

YES, MA'AM. OKAY.

YES, MA'AM. YES. I GUESS THAT WOULD BE MY QUESTION.

WHAT HAPPENS IF THERE'S ANOTHER CHILD? LIKE IF THERE'S ANOTHER CHILD, IS THERE ANY POSSIBILITY.

HE AIN'T HAVING NO MORE? NO. I MEAN ANOTHER GRANDCHILD.

LIKE IF THE OTHER TWO ARE SO YOUNG.

[INAUDIBLE] THE THIRD GRANDCHILD DOWN THE LINE.

THIS IS IT. OKAY.

THAT'S IT. THE LAND, THAT'S IT? THAT LAND WOULD BE DIVIDED UP TO THEM.

LIKE I SAY, WE'RE NOT TRYING TO SUBDIVIDE IT.

I'VE HAD NUMEROUS PEOPLE OVER THE YEARS WHO'VE TRIED TO BUY THAT [INAUDIBLE].

LIKE I SAY, AND $400,000 WAS CHEAP TO TRY TO PUT A ROAD IN AND THAT WAS IN FRONT OF MINE IS A BIG CONTRACTOR.

AND HE SAID, I'M GIVING YOU A DISCOUNT ON IT.

[INAUDIBLE]. IS THE IS PRESENTLY IN TIMBER? YES, SIR.

IS IT IN LAND USE? RIGHT NOW, IT WAS IN LAND USE.

YES, SIR. ALL RIGHT.

WHAT IF YOU CHANGE THIS? DO YOU HAVE TO PAY BACK TAXES? THAT I'LL HAVE TO DEAL WITH THE COUNTY ON IT.

SO I DON'T KNOW. I DON'T WANT TO TELL YOU SOMETHING.

I DON'T KNOW IF IT IS I GUESS I'LL HAVE TO PAY IT.

I DON'T KNOW WHAT THE POLICY IS.

BUT I DO KNOW IT'S BEEN PRAISED.

$35,000 WORTH OF TIMBER THAT I WAS GOING TO CUT.

BUT THE HEALTH INSPECTOR WHO JUST RETIRED, SHE TOLD ME, SHE SAID, IF YOU GO IN AND TRY TO DO ANYTHING, SAID, THAT'S GOING TO THROW IT ALL OFF.

YOU WOULD DAMAGED THE DRAIN FIELD.

I MEAN, YOU KNOW, THE TIMBER MASTER DRAIN FIELD, YOU'RE NOT GOING TO BE ABLE TO DO ANYTHING ON THAT.

SO I JUST BITE THE BULLET ON THAT.

BUT IT'S WORTH IT TO ME TO SEE THE GRANDCHILDREN, TO BE ABLE TO BE THERE AND CLOSE BY.

SO IF YOU GET THIS APPROVED.

YOU ARE GOING TO DIVIDE IT THEN AND PUT IT IN THERE.

EACH ONE OF THEM'S NAME. YES, MA'AM.

THERE'S FOUR THAT ARE OVER 18, FOUR OVER 18.

THE OTHER TWO IT WILL GO INTO LIKE A TRUST.

OKAY. WHERE IT'LL HAVE TO GO TO THEM AT THEIR AGE OF 18.

OKAY. MY YOUNGEST SON.

OKAY. YES, MA'AM.

WHAT'S TO KEEP THEM FROM SELLING IT ONCE YOU GIVE IT TO THEM.

WELL, I THINK ALL OF THEM WANT TO LIVE THERE.

TWO OF THEM HAVE ALREADY MOVED OUT AND GOT MARRIED.

ONE OF THEM WORKS FOR DOMINION POWER.

HIS WIFE IS AN ENGINEER.

JUST GRADUATED ENGINEER SCHOOL.

THEY BOUGHT A PIECE OF PROPERTY IN SUSSEX RIGHT NOW, BUT THEY WANT TO COME BACK TO PRINCE GEORGE.

MY OTHER GRANDDAUGHTER, WHO'S MARRIED, SHE BOUGHT ACROSS THE STREET BECAUSE SHE WAS WANTING, HOPING.

ALL THESE WERE HOPING IT WAS GOING TO BE STRAIGHTENED OUT BEFORE THEY COULD BUILD THEIR HOUSES, WHEN THEY GOT MARRIED.

BUT IT DIDN'T WORK OUT.

AND SHE WANTS TO COME BACK OVER THERE AND BUILD.

[INAUDIBLE].

THAT'S ALL I CAN ASK, ALL I CAN SAY.

YOU KNOW, AND I HAVE EMPHASIZED ON ALL OF THEM THAT I EXPECT TO LAND TO BE THERE, AND I EXPECT THEM TO LIVE THERE AND EXPECT TO RAISE THEIR CHILDREN THERE.

AND I DON'T SEE ANYTHING WHY THEY WOULD CHANGE [INAUDIBLE].

DO YOU HAVE A ROAD MAINTENANCE AGREEMENT? WELL, WHAT WE DO NOW, MA'AM, WE DO IT.

IT'S A EACH OTHER WORK TOGETHER AND WE PICK IN.

I BRING A MOTOR GRADER IN THERE AT LEAST ONCE A YEAR AND COME THEIR MOTOR GRADER.

MOTOR GRADER. JUST FOR INFORMATION.

CHAIRMAN DONALD HUNTER'S BEEN DOWN ON THE ROAD.

HE SAW THE ROAD PERSONALLY, MR. CARMICHAEL. HE SAW THE ROAD.

HIS BROTHER LIVES AT THE END OF THE ROAD.

HE MARRIED MY NIECE.

NO, I DON'T MEAN THAT.

I MEAN NOT NECESSARILY.

[00:30:03]

WE DON'T HAVE ANYTHING IN WRITING, MA'AM WE WORKED IT VERBALLY, BUT WE WERE MORE THAN WILLING TO DO THAT.

I MEAN, IT WOULD PROTECT YOU, WOULDN'T IT? OH IT WOULD. YES, MA'AM.

WE JUST HAVE ALWAYS FOR THE LAST 30 SOME YEARS WE'VE LIVED THERE, WE'VE ALWAYS JUST EVERYBODY I KNOW AND BUT WE WILL BE GLAD TO DO THAT.

IF Y'ALL PASS IT TONIGHT AND ALLOW US TO DO IT, WE'LL BE GLAD TO DO THAT.

IF YOU GO THERE NOW, YOU'LL SEE BIG PILES OF ROCK WE KEEP THERE.

WE HAVE TRUCKS, TRACTORS WITH FRONT LOADERS.

WE KEEP IT DOWN. WE KEEP IT [INAUDIBLE] ANYONE ELSE HAVE ANY QUESTIONS? OKAY. THANK YOU, MR. STEWART. THANK YOU SO MUCH.

I'M SO SORRY ABOUT YOUR [INAUDIBLE].

OKAY, WE TURN IT BACK TO THE COMMISSIONERS.

DOES ANYONE WANT TO? MADAM CHAIR, I WOULD MOVE THAT WE ADOPT THE RESOLUTION TO APPROVE THE SUBDIVISION ORDINANCE WAIVER AS REQUESTED.

AN APPLICATION NUMBER SW-23-02.

FOR THE FOLLOWING REASONS STRICT ADHERENCE TO THE GENERAL REGULATIONS.

THE ORDINANCE WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP, SPECIFICALLY CITING AN ESTIMATED COST TO BRING THE COUNTY ROAD STANDARDS OF $400,000, AND IT DOES NOT APPEAR THERE IS ANY PREJUDICE TO ANY HEALTH OR SAFETY OF THE SURROUNDING CITIZENS DUE TO THE DOCUMENTATION SUBMITTED, AND THAT THIS APPROVAL IS SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF AND THE STAFF.

REPORT AS PRESENTED BY MR. GRAVES THIS EVENING.

SECOND. CALL THE ROLL.

OKAY. THE NEXT ITEM IS SUBDIVISION WAIVER SW-23-03 . ALL RIGHT, FOR THE NEXT ITEM IS ANOTHER SUBDIVISION WAIVER REQUEST.

AND BEFORE I FORGET, THERE WAS ONE COMMENT THAT WE RECEIVED BEFORE THE MEETING TONIGHT WHICH WE PROVIDED TO YOU.

DO YOU HAVE ANY QUESTIONS ABOUT THAT AFTERWARD? FEEL FREE TO ASK THEM.

ALL RIGHT.

SO THIS IS A REQUEST TO WAIVE STANDARDS IN ARTICLE SEVEN OF THE SUBDIVISION ORDINANCE TO PERMIT A SUBDIVISION OF ONE LOT INTO TWO LOTS WITHOUT ADHERING TO ALL OF THE DESIGN STANDARDS.

SO WITHOUT ADHERING TO CERTAIN SPECIFIC DESIGN STANDARDS, REALLY SPECIFICALLY, THOSE ARE A WAIVER OF ONE CODE, SECTION 70-716, WHICH REQUIRES A NEWLY SUBDIVIDED LOT TO HAVE DIRECT ACCESS FROM AN IMPROVED STREET.

AND THEY WANT A WAIVER OF 70-720, WHICH REQUIRES A NEWLY SUBDIVIDED LOT TO ABUT ON A PUBLIC STREET.

THE SUBJECT PROPERTY IS ZONED B ONE GENERAL BUSINESS.

IT'S LOCATED AT 16 430 SUNNYBROOK ROAD.

THE TAX MAP NUMBER IS PROVIDED THERE AND THERE'S A SUBDIVISION PLAT IN THE PLANNING DEPARTMENT OFFICE, AND THE ID NUMBER FOR THAT IS PROVIDED.

HERE'S A MAP OF THE PROPERTY OUTLINED IN RED.

SO THAT'S THE PROPERTY THAT THE PROPERTY OWNER WISHES TO DIVIDE INTO TWO LOTS.

AND THIS IS ADJACENT TO THE PROPERTY THAT CONTAINS THE OYO HOTEL AND CONTAINS WHAT IS PROPOSED TO BE A TRAVEL PLAZA AND AN ONGOING REZONING CASE THAT'S TO THE SOUTH OF THIS PROPERTY.

AND SO THIS IS ON SUNNYBROOK ROAD NEAR THE INTERCHANGE WITH INTERSTATE 95.

AND. HERE'S AN AERIAL VIEW OF THE PROPERTY THAT THEY WISH TO DIVIDE.

AND THERE'S ONE BUILDING ON IT.

IT'S A COMMERCIAL OFFICE BUILDING, JUST THE ONE OFFICE IN THERE AND A SMALL PARKING LOT.

AND YOU CAN SEE THERE ARE TREES ON THE REST OF THE PROPERTY, AND YOU CAN SEE THE HOTEL, THE OYO HOTEL IN THE BOTTOM PORTION OF THE IMAGE IS THE RECTANGULAR BUILDING. AND SO THAT IS RELEVANT AND I'LL GET INTO THAT.

NOW AS YOU LOOK AT THE PLAT, WHICH IS PROPOSED SHOWING THE PROPOSED PARCEL TO BE DIVIDED FROM THE EXISTING PARCEL, THEY WANT TO TAKE THAT ONE ACRE

[00:35:01]

RECTANGLE OUT OF THE BIGGER PARCEL.

AND THE PURPOSE OF THAT ONE ACRE RECTANGLE IS TO BUILD A DRAIN FIELD FOR THE EXISTING HOTEL THAT YOU CAN SEE IN THE BOTTOM PORTION OF THE IMAGE, AND THAT EXISTING HOTEL NEEDS ANOTHER DRAIN FIELD, BECAUSE THE EXISTING ONE IS IN POOR CONDITION AND IS OUT OF COMPLIANCE, AND THEY'RE TRYING TO GET INTO COMPLIANCE BY BUILDING A NEW DRAIN FIELD.

SO IF YOU LOOK AT THE AERIAL VIEW, THERE'S NOT A LOT OF PLACES TO CHOOSE FROM, ESPECIALLY SINCE THE PROPERTY OWNER TO THE SOUTH WANTS TO HAVE A TRAVEL PLAZA. THE PLACE WHERE THEY HAVE IDENTIFIED FOR THIS DRAIN FIELD IS WHERE THE TREES ARE IN THE IMAGE OUTLINED IN BLUE.

AND SO AGAIN. THERE'S THE RECTANGULAR PARCEL THAT THEY WANT TO DIVIDE.

HERE'S A VIEW OF THE OYO HOTEL FROM THE STREET.

AND IF YOU LOOK BEYOND THE HOTEL AND TO THE RIGHT THERE ARE THE TREES THERE.

AND THAT'S BASICALLY WHERE THIS PARCEL IS.

GIVE YOU A VISUAL AND YOU CAN SEE THERE'S NO CLEAR ROAD ACCESS TO THE PARCEL.

AND AGAIN, I REMIND YOU THAT'S WHAT THEY'RE REQUESTING A WAIVER OF IS THE NEED FOR A ROAD ACCESS.

UM, THEY DO HAVE ROAD ACCESS.

THEY CAN GET TO THE PROPERTY BECAUSE THE PERSON WHO WANTS TO BUY THAT PARCEL IS THE HOTEL OWNER.

SO THE HOTEL OWNER WANTS TO PUT A DRAIN FIELD ON THAT PARCEL NEXT TO THE HOTEL.

UM, AND I'LL KIND OF GO BACK OVER THIS AGAIN, BUT I JUST WANTED TO GIVE YOU THE CONTEXT WHILE YOU'RE LOOKING AT IMAGES.

SO THERE'S A PLAT IN OUR OFFICE, AND THEY PROPOSE AND DIVIDE IT INTO TWO PARCELS.

DIVIDE ONE PARCEL INTO TWO.

AND THE CODE SAYS THAT THEY HAVE TO MEET ALL THESE DESIGN STANDARDS IN THE ORDINANCE AND THE CODE ALSO SAYS THAT THEY CAN ASK FOR A WAIVER OF SPECIFIC REQUIREMENTS AND THAT YOU HAVE THE CRITERIA.

AGAIN, IF IT'S AN UNUSUAL SITUATION OR IF IT'S A SITUATION IN WHICH STRICT ADHERENCE TO THE GENERAL REGULATIONS WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP, AND NO WAIVER SHALL BE GRANTED WHICH IS ILLEGAL OR WHICH WOULD PREJUDICE THE HEALTH AND SAFETY OF CITIZENS OF THE COUNTY.

SO YOU HAVE YOUR REQUEST SUMMARY HERE.

APPLICANT'S GOALS AGAIN PROVIDED DRAIN FIELD FOR THE EXISTING HOTEL TO ACHIEVE CODE COMPLIANCE AND PROVIDE A SAFER PRODUCT FOR THE HOTEL CUSTOMERS.

THEY WANT TO SUBDIVIDE A PROPERTY FROM ANOTHER ONE TO PUT A DRAIN FIELD ON THAT PROPERTY.

AND THOSE ARE THE TWO CODE SECTIONS THAT THEY WANT TO HAVE WAIVED.

ONE REQUIRES DIRECT ACCESS FROM AN IMPROVED STREET, AND THE OTHER CODE SECTION REQUIRES THAT EACH NEW PARCEL BE SERVED BY AND ABUT ON A PUBLIC STREET. SO AGAIN, THEIR JUSTIFICATION THAT THEY WANT THIS DIVISION TO HAPPEN WITHOUT A BUDDING ON THE STREET AND WITHOUT DIRECT ROAD ACCESS.

IS THAT THIS ONE ACRE PARCEL IS JUST FOR A DRAIN FIELD, AND WITHOUT THE DRAIN FIELD THEY SAY THEY WOULD NEED TO.

THE HOTEL OWNER SAID HE WOULD NEED TO CLOSE THE HOTEL UNTIL THE DRAIN FIELD ISSUE IS RESOLVED, AND IF THE HOTEL IS CLOSED, IT WOULD CREATE A FINANCIAL HARDSHIP FOR HIM AND HIS FAMILY. THAT'S WHAT THAT'S COMING FROM THE LETTER THAT WAS PROVIDED.

SO THE ACTIONS AGAIN FOR THE PLANNING COMMISSION, SIMILAR TO THE LAST CASE YOU HEARD, IS TO APPROVE OR DENY THIS REQUEST.

AND WHEN YOU DO APPROVE IT, PROVIDE YOUR REASONS OR DENY IT, PROVIDE YOUR REASONS, AND INCLUDE OR DO NOT INCLUDE CONDITIONS.

PLANNING DEPARTMENT REVIEW COMMENTS.

THERE ARE NINE COMMENTS THERE, AND WE HIGHLIGHTED A FEW JUST TO FOCUS ON.

THE PROPOSED ONE ACRE LOT IS SOLELY INTENDED TO BE DEVELOPED AS A DRAIN FIELD.

SO THAT'S AN ARGUMENT THAT NO ROAD ACCESS IS NEEDED FOR JUST A DRAIN FIELD.

THE PROPOSED PLAT REPRESENTS MR. PATEL'S ONLY IMMEDIATE OPTION TO LEGALLY OBTAIN THE LAND.

HE WOULD LIKE TO HAVE TO PUT A DRAIN FIELD ON.

AND IF THE WAIVERS ARE APPROVED, MR. PATEL WILL BE ABLE TO BRING HIS HOTEL INTO COMPLIANCE AND PROCEED WITH HIS WHAT HE PLANS.

HE HAS SOME RENOVATIONS HE PLANS, WHEREAS IF THE WAIVER IS DENIED, HE MAY BE FORCED TO CLOSE THE HOTEL.

AND WOULD EXPERIENCE A FINANCIAL HARDSHIP FROM THAT.

AND THE REST OF THE COMMENTS ARE ABOUT HOW THE PLAT NEEDS TO MEET ALL OTHER REQUIREMENTS.

AND MR. PATEL HAS BEEN WORKING WITH THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO WORK TOWARD COMPLIANCE.

AND THIS IS HIS PATH TO COMPLIANCE.

SO REVIEWING THE CRITERIA FOR A WAIVER, AGAIN QUESTIONING WHETHER THIS IS AN UNUSUAL SITUATION.

THIS DOES APPEAR IN STAFF'S OPINION.

THIS DOES APPEAR TO BE AN UNUSUAL SITUATION BECAUSE THIS PARCEL WOULD ONLY BE USED FOR DRAIN FIELD.

IT DOESN'T NEED TO, BUT ON A STREET OR ROAD AND JUST THE OVERALL STORY OF GETTING HERE IS UNUSUAL.

[00:40:02]

THE WHETHER OR NOT THIS IS IF THERE WOULD BE SUBSTANTIAL INJUSTICE OR HARDSHIP, THE APPLICANT CLAIMS THAT IF THIS REQUEST IS DENIED, IT WOULD RESULT IN CLOSURE OF THE HOTEL AND A FINANCIAL HARDSHIP FOR HIS FAMILY.

SO THAT APPEARS TO BE, YOU KNOW, POTENTIAL SUBSTANTIAL INJUSTICE OR HARDSHIP.

AND THEN FINALLY, THE OTHER WAIVER, THE OTHER TWO WAIVER REQUIREMENT CRITERIA.

IF THERE'S ANYTHING ILLEGAL ABOUT THE REQUEST THERE DOES NOT APPEAR TO BE ANYTHING ILLEGAL ABOUT THIS REQUEST.

AS FOR WHETHER THIS WOULD PREJUDICE THE HEALTH AND SAFETY OF CITIZENS, IT DOES NOT APPEAR TO BE THAT DOES NOT APPEAR TO BE THE CASE, AND IT COULD BE ARGUED THAT IT WOULD BENEFIT THE HEALTH AND SAFETY OF THE HOTEL CUSTOMERS IF THIS WAS APPROVED.

UM. YOU HAVE.

OTHER STAFF COMMENTS CAME THAT ARE RELEVANT TO THIS CAME FROM THE HEALTH DEPARTMENT, WHERE THEY WERE SAYING THAT MR. PATEL WILL EITHER NEED TO OWN THE PARCEL HE WANTS TO BUILD A DRAIN FIELD ON OR HAVE A RECORDED EASEMENT FOR THAT PROPERTY.

AND SO ONCE THAT HAPPENS, THEY CAN APPROVE THE SUBDIVISION AND APPROVE A PERMIT AND DEPARTMENT OF ENVIRONMENTAL QUALITY.

THEY HAD PROVIDED A LETTER AND WE PROVIDED SOME OF THE COMMENTS FROM THAT LETTER, BASICALLY STATING THE NEED FOR MR. PATEL TO RESOLVE THE VIOLATIONS OF THE WATER CONTROL LAW.

AND AGAIN THIS IS HIS PATH TO DO SO.

WE DID NOTIFY ADJACENT PROPERTY OWNERS.

WE DID RECEIVE ONE PUBLIC COMMENT PRIOR TO THIS MEETING, AND WE PROVIDED THAT TO YOU.

AND THEY VOICED THEIR OPINION ABOUT AND SOME CONCERNS ABOUT THIS.

IS THAT EASTERN WOODLAND? THAT'S THE OFFICE, CORRECT? NOW WHAT? THAT IS UP THERE.

YEAH. I THINK THAT THE APPLICANT LIKE TO COME UP HERE IN A MINUTE AND SAY HELLO, AND HE CAN EXPLAIN THAT.

YEAH, THAT'S AN OFFICE AND SO STAFF'S RECOMMENDATIONS ARE AGAIN WE DON'T PROVIDE A RECOMMENDATION FOR THESE TYPE OF REQUESTS. WE HAVE PROVIDED AN OPINION THAT APPEARS TO MEET THE CRITERIA.

THIS WAS A LITTLE CLEARER CUT TO SEE THAN OTHERS THAT WE'VE CONSIDERED.

IF THE COMMISSION WISHES TO DENY THIS REQUEST, IT IS REQUIRED TO PROVIDE THE REASONS FOR DENIAL.

AND IF YOU WISH TO APPROVE THE REQUEST, YOU'RE REQUIRED TO FIND THAT IT MEETS ALL THE CRITERIA.

OTHERWISE, YOU SHOULD BE DENYING IT, AND STAFF HAS PROVIDED FOR THE COMMISSION'S USE.

SAMPLE MOTIONS FOR APPROVAL, DENIAL OR POSTPONEMENT.

WE'VE PROVIDED A DRAFT RESOLUTION DEPENDING ON WHICH WAY YOU WANT TO GO, AND WE PROVIDED A RECOMMENDED CONDITION, ONE RECOMMENDED CONDITION, AND THAT WOULD BE THAT THIS IS JUST FOR A DRAIN FIELD.

SO SINCE IT HAS NO ROAD ACCESS, IT IS NOT APPROPRIATE FOR OTHER USES.

IT'S JUST FOR A DRAIN FIELD.

SO IT'S IMPORTANT THAT CONDITION BE INCLUDED.

IF YOU DO WISH TO APPROVE THIS, THAT WOULDN'T STOP THEM FROM RECONFIGURING THAT LOT IN THE FUTURE, AS LONG AS IT MEETS ALL THE REQUIREMENTS AT THAT TIME.

OR THEY COULD JUST DISSOLVE THE LOT IF THEY CHOOSE NOT TO DO THIS.

BUT THIS IS JUST FOR THIS PURPOSE TO GET A DRAIN FIELD.

THEY'VE ASKED FOR A WAIVER OF THE STANDARD REQUIREMENTS.

AND SO IT'S BASICALLY THE SAME AS A PUBLIC HEARING.

IF YOU HAVE ANY QUESTIONS FOR ME OR THE APPLICANT.

LET US KNOW. AND YOU COULD IF THERE IS ANYONE FROM THE PUBLIC THAT WISHES TO SPEAK, THEN YOU CAN HAVE THAT TIME FOR THEM.

THE TWO PEOPLE THAT ARE IN THE AUDIENCE RIGHT NOW ARE THE HOTEL OWNER, MR. PATEL, AND JOHN FELDMAN FROM EASTERN WOODLANDS CORPORATION.

SO DID YOU WANT TO COME UP AND SAY ANYTHING, EITHER ONE OF YOU? ALL RIGHT.

SO THEY'RE AVAILABLE FOR ANY QUESTIONS THAT YOU HAVE.

YEAH, I GUESS I JUST HAVE ONE QUESTION.

WE DID RECEIVE A LETTER, AS TIM MENTIONED, FROM, I GUESS, A NEARBY PROPERTY OWNER, AND THEIR QUESTION WAS SURROUNDING CUTTING DOWN ALL OF THE TREES, I GUESS SEPARATING THE TWO PROPERTIES. AND I'M JUST CURIOUS IF THAT IS THE PLAN, OR ARE YOU JUST CUTTING DOWN WHAT YOU NEED FOR THIS FIELDS FOR THE DRAIN? YEAH. BECAUSE I THINK THAT SEEMS TO BE THE MAIN CONCERN.

IN OTHER WORDS, YOU'RE ASKING WHAT IS THE ACTUAL SIZE OF THE DRAIN FIELD? YES. AS TO THE REMOVAL OF THE TREES, I WOULD HAVE TO DEFER TO MR. PATEL BECAUSE ONCE THE PROPERTY TRANSFERS TO HIM.

RIGHT. YEAH.

ARE YOU JUST GOING TO CUT? ARE YOU JUST TO CUT DOWN ENOUGH TO PUT YOUR DRAIN FIELD ON IT? YEAH. YOU'RE NOT GOING TO CUT IT ALL OVER.

OH NO, OKAY.

THAT'S ALL I WANTED TO KNOW.

YES. WHAT IS REQUIRED FOR THE DRAIN FIELD.

YES. NO, THAT MAKES SENSE.

THANK YOU. YEAH.

NO, I DON'T WANT YOU TO CUT ANY TREES.

YES. IN FACT, I LIKE TO PUT MORE.

[00:45:02]

GOTCHA. WHERE IS THE PRESENT DRAIN FIELD? WHERE'S YOUR DRAIN FIELD NOW? IT'S A NEXT DOOR PROPERTY.

THE OLD HOLIDAY INN? YEAH, AND THAT'S ACTUALLY THE SEPTIC SYSTEM IS ON A LEASE PROPERTY.

I MEAN, EASEMENT PROPERTY FROM THE NEXT DOOR.

AND THE WATER IS GOING INTO THE STATE WATER WATERSHED.

YEAH. RIGHT. AND THE SYSTEM IS REALLY BIG FOR THE PROPERTY.

AND THE DEQ SAYS THIS IS TOO BIG FOR YOU.

YOU NEED TO FIND A SOLUTION AND GET A DRAIN FIELD.

NOW I CHECKED WITH THE NEXT DOOR OTHER NEIGHBOR.

THEY ARE VERY HARD TO WORK WITH.

I HAVE BEEN GOING WORKING WITH THEM SINCE THE DAY ONE SINCE 1996.

THEY HAVE NEVER BEEN COOPERATIVE TO ME.

SO IF I DON'T DO THIS, THEN I'LL BE OUT OF THE BUSINESS.

FAMILY WILL NOT HAVE ANY KIND OF A BECAUSE THIS IS THE ONLY BUSINESS I HAVE.

[INAUDIBLE] CENTER OF THE SCREEN.

ANYONE. IT'S RIGHT HERE IN THE CENTER OF THE SCREEN.

[INAUDIBLE].

OKAY, BUT IT'S ON ITS OWN ADJACENT PROPERTY.

YEAH. OKAY.

ANYONE ELSE HAS ANY QUESTIONS FOR MR. PATEL? THANK YOU, SIR. THANK YOU.

YOU'RE WELCOME. THANK YOU.

I APPRECIATE VERY MUCH.

I MOVE THAT WE ADOPT THE RESOLUTION TO APPROVE THE SUBDIVISION ORDINANCE WAIVERS REQUESTED AN APPLICATION AS SW-23-03 FOR THE FOLLOWING REASONS.

THERE IS AN UNUSUAL SITUATION, SPECIFICALLY BECAUSE THE PROPOSED PARCEL WILL ONLY BE USED FOR A DRAIN FIELD.

IT DOES NOT NEED TO ABUT ON OR HAVE DIRECT ACCESS TO A ROAD.

INSTEAD, IT CAN BE ACCESSED DIRECTLY FROM THE HOTEL PROPERTY, AND STRICT ADHERENCE TO THE GENERAL REGULATIONS IN THIS ORDINANCE WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP.

SPECIFICALLY, IF THE REQUEST IS DENIED, IT WILL ALMOST CERTAINLY RESULT IN THE CLOSURE OF THE HOTEL AND A FINANCIAL HARDSHIP FOR THE HOTEL OWNER AND HIS FAMILY, AND THERE IS NO PREJUDICE TO THE HEALTH AND SAFETY OF THE SURROUNDING CITIZENS, AND THIS APPROVAL IS SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF IN THE REPORT.

SECOND.

CALL ROLL.

THANK YOU.

[COMMUNICATIONS]

NOW, DO WE HAVE ANY COMMUNICATIONS? ALL RIGHT. SO ACTIONS OF THE BOARD OF ZONING APPEALS, THE MEETING FOR NOVEMBER WAS WILL BE CANCELED OR WAS CANCELED.

THAT'S ACTUALLY NEXT WEEK.

USUALLY IT'S A COUPLE OF DAYS BEFORE NOW, BUT THERE WILL BE A MEETING IN DECEMBER FOR BOARD OF ZONING APPEALS.

THE ACTIONS OF THE BOARD OF SUPERVISORS.

THERE IS A.

YOU DIDN'T HAVE A RECAP.

THERE WAS A RECAP TODAY.

THERE WAS NO PLANNING ITEMS THAT HAPPENED AT THE NOVEMBER 15TH BOARD MEETING LAST NIGHT.

SO NO PARTICULAR NEWS.

THREE ITEMS WILL BE ARE ON THE BOARD OF SUPERVISORS AGENDA FOR NOVEMBER 28TH, THE COMPREHENSIVE PLAN AMENDMENT, THE SPECIAL EXCEPTION FOR ADDICTION TREATMENT FACILITY.

AND I'M FORGETTING THE OTHER ONE THAT YOU ALL CONSIDERED AT THE LAST MEETING AND UPCOMING CASES FOR DECEMBER. THERE WILL BE AT LEAST ONE CASE, I THINK THERE'S ONE REZONING CASE AND ONE SPECIAL EXCEPTION CASE.

SO YOU CAN LOOK FORWARD TO THAT.

SO THAT'S ALL THE COMMUNICATIONS FROM STAFF.

AGAIN WE HAVE A NEW PLANNER.

WE'RE GLAD TO HAVE HIM. HE'S ALREADY A BIG CONTRIBUTOR CODY GRAY.

SO DO YOU HAVE ANY REQUESTS OR QUESTIONS FOR STAFF? ANYONE? OKAY.

THANK YOU. TIM. OKAY.

[00:50:02]

I NEED A MOTION AND A SECOND.

MAKE A MOTION. WE ADJOURN.

SECOND. CALL THE ROLL.



* This transcript was compiled from uncorrected Closed Captioning.