Oct 04, 2021 Planning Commission

[00:00:01]

I WITH

[1. CALL TO ORDER]

THANK YOU.

OKAY.

UM,

[3. FOIA – PUBLIC NOTIFICATION OF THIS MEETING HAS BEEN PUBLISHED, POSTED, AND DISTRIBUTED IN COMPLIANCE WITH THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT]

[5. APPROVAL OF AGENDA]

ARE THERE ANY COMMENTS, CORRECTIONS, ADDITIONS CHANGES BY THE LIGHT OFFER? IF NOT THOUGH, I HAVE A MOTION TO APPROVE.

OKAY.

ASSUMING WE GET THAT SECOND.

UM, WE HAVE CONSENT OR THERE'S VERY NO DISSENT HERE.

WE KNOW THEN.

I MEAN YOU'RE APPROVED.

YEP.

OKAY.

UM, RIGHT.

[4. APPROVAL OF MINUTES – September 9, 2021]

AND WE HAD A COUPLE OF DELUSIONS LAST TIME, BUT I THINK WE'RE TAKING THOSE UP NOW.

OKAY.

HEARING NONE.

WE'LL MOVE FORWARD.

WE'RE

[6. CITIZEN COMMENTS]

I HAVE ONE HERE.

IF THERE ARE ANY OTHERS AND INVOLVED, WHY IS YOU TO SUBMIT IT OVER HERE? YOUR NAME AND OVER HERE TO THE LEFT.

OH, YOU DO HAVE ANOTHER ONE.

OKAY, GOOD.

THIS IS A NON AGENDA.

OKAY.

ALL RIGHT.

I'LL TAKE THE FIRST ONE I'VE GOT IS FROM MR. KRISTA TELLO.

PLEASE STATE YOUR NAME.

WHEN YOU COME TO THE MIC AND YOUR LOCATION, MR. CHAIRMAN MEMBERS OF THE PLANNING COMMISSION.

THANK YOU FOR RECOGNIZING ME.

AND TO ALLOW ME TO SPEAK THIS EVENING.

MY NAME IS TONY, CHRIS .

AND I HAD PREVIOUSLY APPEARED BEFORE THE PLANNING COMMISSION ON JUNE THE SEVENTH, 2012, TO REQUEST A TEXT AMENDMENT TO THE BUFORD COUNTY COMPREHENSIVE PLAN PLANNING COMMISSION AGREED TO THE REQUEST AND THEN AN ARNOLD LOAD OF SIX TO ONE IN FAVOR AND FORWARD ON THE REQUEST TO THE COUNTY COUNCIL.

I'M HERE THIS EVENING TO TELL THE PLANNING COMMISSION TWO THINGS THEY HAVE TO DO WITH THE SAME THING, BUT THEY ARE SIMPLY IS RELATED TO A PROPOSAL FOR BENDON PLANTATION.

FIRST, THE COUNTY COUNCIL DID NOT HOLD A MEETING AND HEAR FROM THE APPLICANT AND THE CONCURRING VOTE FROM THE PLANNING COMMISSION.

I WOULD LIKE, UH, I, I WOULD KNOW THAT BECAUSE I AM THE APPLICANT FOR THREE MONTHS, NOTHING HAPPENED DESPITE A LETTER FROM ME TO THE 11 MEMBERS OF THE COUNTY COUNCIL.

I PAID MONEY FOR A SERVICE AND I DID NOT GET ONE.

THE LAW IS CLEAR AND ZONING AWARD IS SECTION 7, 4 80 AND 7, 4 90.

THE WORDS SHALL AND PROMPTLY OR NOT FOLLOWED AT ALL BY THE COUNTY COUNCIL.

INSTEAD UNILATERALLY VOTED TO NOT HAVE A BOTANICAL GARDEN.

ENVIRONMENTAL EDUCATION CENTER HAD BEEN TO THE PLANTATION.

SECOND, THE COUNTY COUNCIL BY ACTING TO DENY OF BENDING, BENDING, PLANTATION BOTANICAL GARDEN, ENVIRONMENTAL CONSERVATION EASEMENT, UH, BECAUSE, UH, THIS WAS AN, THIS WAS A SUBSTANTIAL SUBSTANTIVE CHANGE TO THE CONSERVATION EASEMENT BECAUSE THE COUNTY COUNCIL DENIED THE POSSIBILITY OF A 50 ACRE PURCHASE OF LAND FOR A BOTANICAL GARDEN.

THE CONSERVATION EASEMENT SUBSTANTIALLY CHANGED THE CONSERVATION STATES THAT ACCOUNT THAT A COURT OF COMPETENT JURISDICTION CAN ONLY TERMINATE OR EXTINGUISH A USE OF LAND AS SUBSTANTIVE AS A BOTANICAL GARDEN AND ENVIRONMENTAL EDUCATION CENTER.

REMEMBER $2.5 MILLION WAS APPROPRIATED FROM BENTON PLANTATION OUT OF THE RURAL AND CRITICAL LANDS PROGRAM.

[00:05:02]

I APPEARED BEFORE THE COUNTY COUNCIL ON THE NIGHT THAT IT MADE THAT DECISION.

AND INTERESTINGLY ENOUGH, ON THE AGENDA OF THE COUNTY COUNCIL, IT POINTED OUT THAT THEY WILL NOT ALLOW FOR THE CONSTRUCTION OF A BOTANICAL GARDEN.

IT HAS NEVER APPEARED BEFORE ON AN AGENDA OF THE COUNTY COUNCIL, THAT THE SPECIFIC ACTION OF A PLANNING COMMITTEE OF A COMMITTEE MEETING WOULD BE FORWARDED TO THE COUNTY COUNCIL ON THE AGENDA.

I WILL LEAVE IT TO YOU TO DECIDE WHY THAT HAPPENED, BUT THE MORAL OF THE STORY IS THIS IN A DEMOCRACY, WE TEND TO GET THE KIND OF GOVERNMENT WE DESERVE.

AND IF WE'RE LUCKY A LITTLE BIT BETTER, WE CAN'T BLAME WHAT HAPPENS TO US ON THEM BECAUSE WE ARE THEM.

SO I'M HERE TONIGHT TO POINT OUT TO YOU THIS, AND I'M GOING TO TELL YOU ALSO THAT BECAUSE THERE IS A SUBSTANTIAL BREACH IN THE CONSERVATION EASEMENT, THE CONSERVATION EASEMENT IS A CONTRACT, OKAY.

IT IS A CONTRACT AND IN A COURT OF COMPETENT JURISDICTION CAN AMEND THE JURY, THE CONFERENCE OR THE CONSERVATION EASEMENT, BUT ONLY THE CON ONLY THE COURT CAN DO THAT.

THE COUNTY COUNCIL JUMPED WAY, WAY AHEAD OF ITSELF BY DOING THAT, UH, UH, NOT HEARING FROM THE APPLICANT, WHICH WAS ME AND HEARING THE RECOMMENDATION FROM THE COUNTY PLANNING COMMISSION.

THIS HAS NEVER HAPPENED BEFORE.

IF THEY CAN DO THIS TO ME, THEY CAN DO IT TO ANYBODY.

AND THIS IS THE DANGER IS THIS IS A, THIS IS A, UH, A SEVERE EXISTENTIAL DANGER THAT WE FACE AS CITIZENS IN THIS COUNTY.

WHEN WE AVOID THE WALL AND THE SITUATION WHERE WE SAY DON'T DO, AS WE DO DO, AS WE SAY, THAT IS A DANGEROUS THING.

SO ANYBODY THAT DOESN'T WANT TO SAVE IT, A SPECIMEN TREE, ANYBODY THAT DOESN'T WANT TO DO A 50 FOOT RIVER BUFFER SETBACK, ANYBODY THAT DOESN'T WANT TO BUILD THE PARKING REQUIREMENT BASED ON A SITE PLAN, ANYBODY THAT WANTS TO DO ANYTHING CONTRARY TO AN ORDINANCE THAT YOU PROPOSE AND GET ADOPTED IS SUBJECT TO ANY QUESTION ARISING BASED ON THE ACTIONS OF THE COUNTY COUNCIL THAT THIS SAYS ITSELF ABOVE THE LAW IS A VERY, VERY DANGEROUS THING.

MR. CHAIRMAN, I PLAN TO TAKE THIS BEYOND THIS MOMENT TO FIND OUT WHERE THE COURT OF COMPETENT JURISDICTION IS.

I'M GOING TO FIND THAT ANSWER OUT, AND THEN I'M GOING TO GO TO COURT TO FIND OUT WHY THE CONSERVATION EASEMENT WAS AMENDED WITHOUT EVEN HEARING FROM MYSELF AS THE APPLICANT OR FROM THE COUNTY COUNCIL PLANNING COMMISSION.

MR. CHAIRMAN, THANK YOU VERY MUCH FOR YOUR TIME.

AND THAT'S ALL I HAVE TO SAY.

THANK YOU.

THANK YOU FOR YOUR COMMENTS, TONY.

UH, ROB, DO YOU HAVE ANY COMMENTS OR DO YOU HAVE ANY THOUGHTS THAT YOU'D LIKE TO OFFER AT THIS POINT ON THIS ISSUE? NOT REQUIRED, BUT JUST GIVE YOU AN OPPORTUNITY.

UM, UH, IT'S NOT REQUIRED.

I'M NOT TRYING TO PUT YOU ON THE SPOT.

YEAH.

UM, I THINK IF THE PLANNING COMMISSION WISHES TO HAVE STAFF INTERPRET YOUR INTERPRETATION OF THIS ISSUE WITH OBSERVATIONS, WE'D RATHER THAN TAKE THAT LESS RATHER THAN, OKAY.

YOU CAN SIT DOWN AND TONY, AND I JUST WANT TO SAY ONE THING, UM, THE PLANNING STAFF HAS BEEN OVER AND ABOVE IN TERMS OF THEIR CREDIBILITY.

THEIR WORD IS, CAN TRUST AND BELIEVE IN THE WORD OF THE PLANNING DEPARTMENT.

OKAY.

THAT IS A VERY, VERY IMPORTANT ASSET THAT WE HAVE IN THE COUNTY GOVERNMENT, IN MY, UM, IN MY RESPECT FOR THE PLANNING DEPARTMENT AND ITS EMPLOYEES IS WITHOUT QUESTION.

AND ALSO IS THE CHAIRMAN.

IT APPEARED IN THE PAPER TODAY.

YOU MAY HAVE SEEN THIS STORY IN THE PAPER.

SO I HAVE BEEN SCRUPULOUS, AVOIDING MAKING PUBLIC COMMENT, BUT NOW IT'S IN THE PRESS.

YOU BET.

I'M GOING TO FIND OUT WHERE THE COURT OF COMPETENT JURISDICTION IS AND FIND OUT WHY THE BOTANICAL GARDEN, ENVIRONMENTAL EDUCATION CENTER WAS NOT REMOVED PROPERLY FROM THE CONSERVATION

[00:10:01]

THANK YOU, TONY.

ANY COMMENTS UP HERE? NO.

ALRIGHT.

UM, MARY MOINES JUST RE UH, STATE YOUR NAME AGAIN, PLEASE.

AND YOUR ADDRESS, BUT EVEN AS CHAIRMAN MEMBERS, MY NAME IS MARY MOYES AND I'M ALONE.

RESIDENT OF LADY'S ISLAND, SOUTH CAROLINA.

I WAS BORN AND RAISED ON SAM'S POINT ROAD.

AND I DON'T KNOW IF ANY OF YOU LIVE THERE OR TRAVELED THAT ROAD, BUT THERE IS NO RESPECTFUL LIFE ON THAT HIGHWAY.

I, I RETIRED FROM THE MILITARY 23 YEARS AGO, AND MY FATHER CHESTER MOINES, HE'S DECEASED.

NOW.

WE USED TO GO TO COUNTY COUNCIL MEETINGS AND I DIDN'T UNDERSTAND THE JUSTICE, EVERYTHING, BUT NOW WHEN I LOOK BACK ACROSS THE STREET, WHERE WE LIVE AT, I LIVE AT 1 58 AND MY PARENTS ALMOST AT ONE 60.

I REMEMBER THE PLANNING AND I REMEMBER THEM SAYING HOW THEY WERE GOING TO SET THINGS UP.

AND THERE ARE TOO MANY, TOO MANY INS.

AND OUT ON ONE SIDE OF THAT HIGHWAY TO PUT THAT MEDIAN THERE, I DON'T KNOW WHO DESIGNED THAT.

I DON'T KNOW WHO THE ARCHITECT WAS, BUT THAT RIGHT THERE IS A DEATH TRAP.

AND I'M TELLING YOU, BECAUSE I LIVED, I LIVED THERE.

I SEE IT.

I SEE IT.

PEOPLE HAVE NO RESPECT.

AND THEN WHEN WE WERE COMING HOME, THE SHERIFF DEPARTMENT IS BLOCKING THE DRIVEWAY.

THE TRAFFIC IS FLOWING, AND WHEN YOU ASK THEM TO MOVE, THEY TAKE THEIR TIME AND THEY MOVE.

SO I LIVE AT THAT PROPERTY ON ONE 60 SAM'S CLUB AT 1 61 50 POINT ROAD THAT HAVE ALL THE SIGNS TO SAYS, NO TRESPASSING.

SAM'S POINT ROAD IS A DEATH TRAP.

I ADVISE YOU ALL TO PLEASE TAKE A LOOK AT THAT.

IT TOOK ME FROM 5 0 4 THIS EVENING TO 5 22 TO GET OUT OF MY DRIVEWAY OR MOYA LANE OFF OF MOORE LANE, RIGHT ON SAM SMART ROAD.

SOMETHING NEEDS TO BE DONE.

I MEAN, I'VE NEVER SEEN IT LIKE THIS, AND EVERYONE JUST GO FOR WHAT THEY KNOW.

THE COPS ARE NOWHERE AROUND.

I MEAN, SOMETHING HAS TO BE DONE.

TRAFFIC NEEDS TO SLOW DOWN ON THAT HIGHWAY BECAUSE EVERY TIME IT SLOWS DOWN, THERE'S AN ACCIDENT.

ALRIGHT, THANK YOU.

I APPRECIATE YOUR COMMENTS, MRS. MIKE, UM, ROB, YOU CARED AGAIN TO OFFER ANY COMMENTS NO, I WOULD JUST SAY THAT PROBABLY WHAT, NO, I AGREE THAT ACCESS OFF OF SAM'S POINT ROAD IS VERY DIFFICULT, ESPECIALLY IF YOU'RE TRYING TO MAKE A LEFT TURN.

UM, AND I WOULD SAY THAT WHAT HAPPENED AT THAT INTERSECTION IS I WOULD SAY THE UNINTENDED CONSEQUENCES TO CONTROL ACCESS OUT OF THE PARKERS, BUT IT'S PUT A MEDIAN IN A LOCATION THAT IS NOT ADVANTAGEOUS TO THE WAYFAIR.

AND I PULL OUT I'M ON THE RIGHT SIDE, BUT I PULL OUT ON THE RIGHT SIDE.

THERE'S A DRIVEWAY RIGHT THERE ON THE RIGHT, BUT I'M TURNING LEFT INTO THE MEDIAN.

THERE'S A DRIVEWAY FOR WASH THE COAL THAT COMES OUT PLUS THERE'S POCKETS RIGHT THERE, ANOTHER DRIVEWAY.

AND THEN THERE'S ONE BEHIND ME.

IT'S JUST SO MANY BECAUSE THE LAST THING I HEARD THAT I REMEMBER COMING TO THE MEETINGS BEFORE THEY BUILT QUESTION BLUFF, THAT THEY'RE GOING TO BE TWO ON ONE FOR A SUNSET FLOOD.

THERE WILL BE TWO INSURANCES.

THEIR CONGRESS WASN'T EVEN IN THE MAKINGS.

SO PARKER'S COMES ALONG AND THEY JUST DISRUPT BUSINESS AS USUAL.

NO ONE SAYS ANYTHING, EVEN GOING TO THESE MEETINGS, EVERYTHING CHANGED.

AND I'M JUST SAYING WHAT IS GOING ON? THAT NEEDS TO BE ADDRESSED.

WE DID FORWARD TO OUR ENGINEERING DEPARTMENT AND THEY CAN, OKAY.

SORRY.

AND I THINK THAT'S APPROPRIATE ANYBODY UP HERE, RAMONA, ADD TO THAT.

THAT'S TRUE.

OKAY.

THANK YOU.

ALL RIGHT.

UM, I'M GOING TO GET INTO THE

[7. TEXT AMENDMENT TO SECTION A.3.40.A‐(PERMITTED ACTIVITIES) OF THE COMMUNITY DEVELOPMENT CODE TO ADD “SHORT‐TERM RENTALS” AS A SPECIAL USE TO THE LADY’S ISLAND EXPANDED HOME BUSINESS DISTRICT; APPLICANT: MARY MOYD]

THE FIRST OF WHICH IS A TEXT AMENDMENT ON SECTION THREE, A THREE PERMITTED ACTIVITIES OF THE COMMUNITY DEVELOPMENT CODE TO ADD SHORT-TERM RENTALS IS A SPECIAL USE THAT LADY'S ISLAND

[00:15:01]

AGAIN, MARY MOYNE, JULIANA FOR THE PLANNING.

UM, GOOD EVENING.

YOU ALL.

UM, SO THIS FIRST ITEM IS A TEXT AMENDMENT TO ADD SHORT-TERM RENTALS AS A SPECIAL USE TO THE LADIES ISLAND, EXPANDED HOME BUSINESS DISTRICT.

AND THIS BUSINESS DISTRICT EXTENDS IT STRADDLES THE SAM'S POINT ROAD CORRIDOR FROM MILLER DRIVE ALL THE WAY UP TO THE ROUNDABOUT.

SO THAT'S THE DISTRICT, THE SPECIFIC DISTRICT THAT WE'RE TALKING ABOUT, THE APPLICANT, AS YOU ALL HAVE HEARD, UM, LIVES ON SAM'S POINT ROAD AT RIGHT AT ONE 60 AND IS INTERESTED IN PUTTING A SHORT-TERM RENTAL ON THE PROPERTY.

AND SO THAT'S WHY THIS IS BEING, UM, APPLIED FOR, TO MAKE THIS TEXT AMENDMENT.

NOW A LITTLE BIT ABOUT THE LADY'S ISLAND EXPANDED HOME BUSINESS DISTRICT.

IT IS A MIXED USE DISTRICT.

IT HAS BEEN CREATED TO, UM, BE CONDUCIVE TO SMALL-SCALE OFFICE SERVICE AND CIVIC USES WITH A VARIETY OF RESIDENTIAL LAND USES.

AND IMPORTANT TO NOTE HERE IS THAT THE NON-RESIDENTIAL USES IN THE LADY'S ISLAND, EXPANDED HOME BUSINESS DISTRICT ARE REQUIRED TO BLEND INTO THE RESIDENTIAL CHARACTER OF THE AREA, WHICH IS SHORT-TERM RENTAL WOULD CERTAINLY DO.

UM, CURRENTLY THERE ARE TWO LODGING USES ALLOWED WITHIN THIS DISTRICT UNDER A TRADITIONAL COMMUNITY PLANS.

THEY ARE BEDS AND BREAKFASTS, WHICH ARE FIVE ROOMS OR LESS.

AND THEN INS, WHICH ARE UP TO 24 ROOMS IN 2020 PER ORDINANCE, 2020 DASH 32 SHORT-TERM RENTAL STANDARDS WERE ADDED TO OUR COMMUNITY DEVELOPMENT CODE.

THIS WAS ADDED TO ALL OF OUR, OUR TRANSECT AND CONVENTIONALS AS, EXCEPT FOR T1 NATURAL PRESERVE AN S ONE INDUSTRIAL COMMUNITY PRESERVATION DISTRICTS LIKE THE LADY'S ISLAND EXPANDED HOME BUSINESS DISTRICT DID NOT HAVE THIS UPDATE.

SHORT-TERM RENTALS WERE NOT ADDED TO OUR COMMUNITY PRESERVATION DISTRICTS, BUT THE LADY'S ISLAND HOME LADY SILENT EXPANDED HOME BUSINESS DISTRICT IS CONSISTENT WITH THE TRANSECT ZONES THAT DO HAVE THIS ALLOWANCE, THIS SPECIAL USE ALLOWANCE.

SO CONSIDERING THE CONDITIONS OF THE CORRIDOR, IT'S PRIMARILY COMMERCIAL, THERE ARE THE TWO PUDS, UM, ON THAT CORRIDOR, CONSIDERING THE CURRENT USE ON THE PROPERTY, WHICH IS RESIDENTIAL AT THIS TIME.

AND THE CONSISTENCY WITH THE TRANSECT ZONES WITH THE LADY'S ISLAND EXPANDED HOME BUSINESS DISTRICT SHORT TERM RENTALS SEEM APPROPRIATE AS A SPECIAL USE FOR THIS DISTRICT.

WE DID TAKE THIS TO THE LADIES ISLAND COMMUNITY PRESERVATION COMMITTEE TO HAVE THEM REVIEW IT DURING THEIR SEPTEMBER 20TH, 2021 MEETING.

AND THEY WERE NOT OPPOSED TO THE AMENDMENT, TO THE CODE TO ALLOW THE SHORT TERM RENTALS AS A SPECIAL USE IN THIS DISTRICT.

AND SO I ALSO WANT TO POINT OUT THAT IT WOULD ONLY APPLY TO THIS SPECIFIC DISTRICT, AND IF ANYONE WANTED TO USE THE SPECIAL USE, THEY WOULD HAVE TO GO BEFORE THE ZONING BOARD OF APPEAL.

SO IT WOULD BE A DECISION MADE BY THAT BOARD.

THERE WOULD BE PUBLIC HEARINGS AND PUBLIC INPUT.

SO IT'S NOT SOMETHING THAT WOULD HAPPEN, UM, SOLELY UNDER STAFF'S DECISION IF THIS AMENDMENT GOES THROUGH AND STAFF RECOMMENDS APPROVAL.

UM, SO YOU'RE ASKING US JUST TO ENABLE A SPECIAL PERMIT PROCESS FOR SHORT-TERM RENTALS.

THE ACTUAL TERMS OF THE RENTAL WOULD BE DECIDED BY THE ZONING BOARD OF APPEALS, IS THAT INCLUDE THE ENFORCEMENT PROVISIONS LIKE SHORT-TERM RENTALS.

IS THAT THE FINANCE LESS THAN 29 DAYS? HOW DO YOU PREVENT PERSON STAYING LONGER OR WHAT PERIOD OF TIME HAS ELAPSED BEFORE THAT PERSON CAN COME BACK AGAIN? JUST THE SAME WAY WE HAVE FOR THE CAMPGROUND STANDARDS.

UM, SO THIS WOULD, IT, IT REFERS BACK TO ARTICLE 4.1 0.360, WHICH OUTLINES ALL OF THAT WITH REGARD TO SHORT TERM RENTALS AND THE SPECIFICS ON WHAT THE ENFORCEMENT ACTION WOULD BE MADE.

SURE.

REFER TO YOU.

UM, YEAH, I MEAN, AN ARTICLE FOR IT PRETTY MUCH OUTLINES THE REQUIREMENTS.

YOU KNOW, WHAT CONSTITUTES SHORT-TERM RENTAL, UH, UM, ENFORCEMENT WOULD BE SIMILAR TO ANY OTHER.

I WAS LOOKING SPECIFICALLY TO, FOR THE COMBAT, HOW DO YOU PREVENT THE NEXT DAY CARRYING IT AROUND AND THEN STARTING ANOTHER 29 DAY PERIOD.

IN OTHER WORDS, IT'D BE, BECOMES MORE THAN JUST A TEMPORARY.

IT BECOMES MORE PERMANENT.

IS THERE, IS THERE A PROVISION IN, I DIDN'T, I DON'T RECALL SEEING THE STANDARD IN THERE.

TYPICALLY WE HAVE THE OTHER TYPE OF ENFORCEMENT OF SOMEBODY USING IS, DOES NOT HAVE COMMITTED FOR RENTALS, TURNING A LONG-TERM RENTAL YOU IN THE SHORT, SHARP, AND IT'S DIFFICULT.

YOU HAVE TO LOOK FOR WHERE THE UNIT IS, ADVERTISE PLACES LIKE IN A, UM, WE'VE RARELY HAD THE REVERSE ISSUE, YOU KNOW, WHERE SOMEBODY IS USING

[00:20:01]

WE HAVEN'T ENCOUNTERED THAT USING SHORT-TERM LONG-TERM OKAY.

AND IT'S JUST AN INQUIRY ON ME.

I WAS MAKING OTHER COMMENTS.

YES.

OKAY.

HOW DOES THE COUNTY TAX OFFICE GET NOTIFIED? THIS BECOMES NOW A 6% PROPERTY, CORRECT? NOT A 4%.

YEAH.

YES, YES.

THE SYSTEM IS, THE COMPANY WILL NOTIFY YOU WHEN, YOU KNOW, EITHER IS 10% OF WHATEVER YOU, UH, MAKE THE TAXES IS WHATEVER THEY, 10%, WHATEVER TAXES ARE, PLUS 10% BECAUSE THEY THOUGHT WE WOULD DO A TEMPORARY RENTAL.

THAT'S WHAT THEY WERE SAYING TO ME.

SO THEY HELP AND I HAVE.

OKAY.

UM, I DON'T KNOW IF THAT ANSWERS MY QUESTION.

IT MIGHT, BUT I'M WONDERING IF THE PROPERTY IS PRESENTLY IN THE 4%, DOES IT MOVE INTO THE 6% NOW? IT'S AT 6% NOW.

OH, SO IT'S ALREADY OH, OKAY.

THEN.

YEAH.

NEW POINT THEN THAT WOULD BE PART OF THE TERMS CONDITION.

I WOULD IMAGINE THE ZONING BOARD OF APPEALS WOULD BE LOOKING AT.

OKAY.

ANYTHING ELSE? JULIANA, DO YOU ANTICIPATE COMING BEFORE US IN EVERY PLACE WHERE THERE MIGHT BE A SPECIAL USE PERMITTED, I'M A LITTLE WORRIED ABOUT PIECEMEAL, UM, AIRBNB OR SHORT-TERM RENTAL.

SO WHEREVER YOU WANT TO CALL THEM, UM, FLOWING INTO DIFFERENT AREAS WHERE THEY MAY OR MAY NOT BE PERMITTED BY SPECIAL USE.

I CERTAINLY UNDERSTAND THIS ONE, BUT THERE'S, THERE ARE NEIGHBORHOODS WHERE THEY ARE ILLEGAL AND THEY ARE NOT BEING, UM, OVERSEEN BY THE COUNTY.

AND THERE IS NO ENFORCEMENT LIKE MY OWN NEIGHBOR.

YEAH.

SORRY FOR THE, I KNOW WHAT THE NEXT STEP, THE QUESTION.

I'M SORRY.

BUT I DO THINK IT'S A BIG ISSUE.

THAT'S COMING OUR WAY.

YES.

AND I AGREE.

UM, I BELIEVE WE HEAR ABOUT IT IN OUR OFFICE QUITE A BIT.

UM, WHEN IT WOULD MOVE SIMILARLY TO WHAT YOU'RE SEEING TODAY.

SO IF IT WASN'T ALREADY PERMITTED WITHIN THE DISTRICT AND SOMEONE WAS INTERESTED IN IT, THEY WOULD HAVE TO COME TO YOU ALL TO REQUEST THAT JUST LIKE MS. LLOYD HAS DONE.

YEAH.

THANK YOU.

AND THEN YOU ALL WOULD GET TO MAKE THE DECISION AND WE'VE FIT ON THROUGH THE PROCESS.

THANK YOU.

THANK YOU FOR BEING A TRAILBLAZER AND FOLLOWING THE RULES.

YES.

YEAH, EXACTLY.

YEAH.

ALL RIGHT.

THANK YOU.

THANK YOU.

WOULD THE APPLICANT CARE TO MAKE ANY COMMENTS THAT HOME ON SAM'S COURT ROLLED? THAT THAT HAS BEEN A PART OF MY FAMILY SINCE 1863.

IT MOVED FROM SHORT LANDING ROAD TO LITTLE CAPE FROM LITTLE CAMPUS ROAD TO SAM'S POINT ROAD WHEN IT WAS A DIRT ROAD.

WHEN MY MOM AND MY DAD DECIDED THAT THEY WERE GOING TO REDO THAT HOME, THEY COULDN'T TEAR DOWN THE OLD FOUNDATION.

NOTHING WOULD, THE WOOD WOULDN'T EVEN BE CUT.

SO IT'S A PART OF MY HISTORY.

IS THERE ALL OF MY SIBLINGS, WE HAVE HOMES, BUT WE WANT TO BE ONE OUR CHILDREN TO HAVE SOMETHING.

AND IT WAS ALWAYS MY FATHER'S WISH THAT WE'D BE ABLE TO DO SOMETHING WITH IT.

AND THEY LOVED PEOPLE AND THEY LOVED CHILDREN.

AND WHAT BETTER WAY TO SHARE THEIR HOME WITH EVERYONE? IT'S NOT, WE'RE NOT THERE TO MAKE ALL THE MONEY IN THE WORLD.

WE JUST WANT OUR LEGACY TO CONTINUE.

THANK YOU.

THANK YOU.

THANK YOU.

OKAY.

ANY FURTHER QUESTIONS FROM MISSIONERS? I MAKE A TO, UM, SO ACCEPT THE RECOMMENDATIONS OF THE STAFF AND TO, UM, TO APPROVE THE, OKAY.

SECOND, CAROLYN SECOND.

ALL THOSE IN FAVOR.

RAISE YOUR HAND.

THAT'S SO UNANIMOUS.

OKAY.

THANK YOU.

GOOD LUCK TO YOU.

AND THAT'S A GOOD IDEA.

KEEPING THE TRADITION GOING.

YEAH.

ALL RIGHT.

WE'RE MOVING TO ACTION.

[8. ZONING MAP AMENDMENT/REZONING REQUEST FOR 2 ACRES (R100 020 000 0020 0000) 2706 TRASK PKWY FROM T2 RURAL NEIGHBORHOOD TO C4 COMMUNITY CENTER MIXED USE; APPLICANT: OLEKSIY NAUMENKO]

HELLO AGAIN, AND WE DO HAVE A COUPLE OF SLIDES TO HELP ILLUSTRATE WHAT WE'RE TALKING ABOUT.

SO THIS IS A REZONING REQUEST FOR TWO ACRES ON TRUST PARKWAY, 27 0 6.

IT IS, AS YOU JUST SAID, A TO T T TO RURAL NEIGHBORHOOD ZONING CURRENTLY, AND THE REQUEST IS TO CHANGE IT TO A C FOUR COMMUNITY CENTER MIXED USE DISTRICT.

UM, A PORTION OF THE PROPERTY, HALF AN ACRE IS IN

[00:25:01]

AND THAT'S THE APZ ACCIDENT, POTENTIAL ZONE ONE, WHICH HAS A, A HIGH RATE OF PROBABILITY OF ACCIDENT ZONE.

IT IS ALSO THE HIGHEST A D AND L ZONE FOR YOUR NOISE, CONTOUR IT ON THE PROPERTY.

NOW THERE IS IN A HISTORICAL STRUCTURE, A NON-CONFORMING STRUCTURE IS A GAS STATION.

IT HAS BEEN OPERATING AS A GAS STATION FOR 50 YEARS OR MORE PRIOR TO 2018.

AROUND THAT TIME, THE OWNER WENT BANKRUPT.

THE PROPERTY CHANGED HANDS AND A ZONING PERMIT WAS ISSUED FOR THE GRANDFATHERED NONCONFORMING GAS STATION USE PER THAT ZONING PERMIT.

THE GAS STATION NEEDED TO BE REESTABLISHED WITHIN A YEAR.

IF IT TOOK LONGER THAN A YEAR OR MORE, THE GRANDFATHERED USE WAS LOST.

AND THAT'S WHAT HAPPENED IN THIS CASE.

AND THAT'S WHY THE APPLICANT IS PROPOSING A REZONING IN ORDER TO ALLOW THE GAS STATION AND USE UNDER THAT C4 COMMUNITY CENTER MIXED USE ZONING.

AS FAR AS THE COMPREHENSIVE PLANS ARE CONCERNED, IT IS CONSISTENT WITH OUR COMPREHENSIVE PLANS THAT FUSE ENVISIONS THIS AREA TO BE COMMUNITY CENTER, BUT IT IS COMPLETELY SURROUNDED BY THE T2 RURAL NEIGHBORHOOD PROPERTY.

SO IT WOULD BE A SPOT ZONING IF THE, IF THE REZONING WERE TO GO THROUGH AND WE ALSO ASKED THE INCAST THE AIR STATION TO REVIEW THIS BECAUSE THEY ARE UNDER THAT ZONING.

WE WANTED TO MAKE SURE EVERYTHING WAS COMPLIANT WITH THAT.

AND M CAST REVIEWED IT AND CAME BACK AND SAID, GIVEN THEIR STANDARDS, UM, THEY OPPOSE THE REZONING FOR WHERE IT IS.

I DO BELIEVE WE DO HAVE A REPRESENTATIVE FROM IMPASSE ON THE ZOOM, IN CASE THERE ARE ANY QUESTIONS, BUT GIVEN ALL OF THAT, UM, WITH THE SPOT ZONING AND OUR DESIRE TO WORK WITH THE AIR STATION TO MAKE SURE WE'RE NOT IN CONFLICT WITH THEIR ACRE ZONING, WE FIND IT INCOMPATIBLE ALONG WITH M CAST AND WE, AND WE CAN'T SUPPORT IT AS A RESULT.

SO OUR RECOMMENDATION IS NOT TO SUPPORT OKAY.

QUESTIONS, AND YOU ALL CAN SEE IT THERE AND NEGLECTED TO TALK ABOUT IT, BUT IT'S A LITTLE YELLOW THERE.

THE ORANGE THAT YOU SEE AT THE INTERSECTION IS A COMMUNITY CENTER MIXED USE.

THEN YOU'VE GOT THE DARK GREEN.

IS YOUR TEACHER RURAL NEIGHBORHOOD, YOUR LIGHT GREEN IS T2 RURAL.

AND THEN THE M THE AIR STATION IS RIGHT THERE.

YES.

SO, UM, WHAT WOULD BE SOME OF THE THINGS, OR SOME OF THE WAYS THE PROPERTY OWNER COULD USE THE PROPERTY IN A T2 RURAL, RIGHT.

THAT'S WHAT HE IS NOW.

DID YOU RURAL? YES, SIR.

AND HE HAS THE, UM, CONVENIENCE STORE END OF A LIQUOR STORE.

IS THERE A CURRENTLY IN USE? AND THAT WAS A GRANDFATHERED NONCONFORMING USE THAT WAS GOT UP AND RUNNING PRIOR TO THE ZONING PERMITS.

UM, SO THAT STATE BEING LOST.

YEAH.

SO THAT'S THERE THAT IT'S ONLY THE GAS STATION THAT WE'RE DISCUSSING THIS EVENING.

YES.

AND T2 RURAL DOES NOT ALLOW FOR THE GAS STATION.

OKAY.

BUT IS THERE ANYTHING ELSE YOU CAN DO? IT'S TWO ACRES ON S YOU KNOW, SO WE GOT A CONVENIENCE STORE.

WE HAVE A LIQUOR STORE.

IS THERE ANYTHING ELSE HE COULD DO WITH THE PROPERTY, SIMILARLY WITH RETAIL KIND OF THINGS, ROB, WOULD THERE BE, UM, ALTERNATIVE RETAIL OPTIONS AND OUR T2 RURAL NEIGHBORHOOD THAT COULD BE USED IN LIEU OF A GAS STATION? I MEAN, THERE'S A WIDE RANGE OF RETAIL AND SERVICE USE THIS IN THAT DISTRICT.

OKAY.

SO, SO HE'S GOT PLENTY OF USES, PLENTY OF OTHER THINGS YOU CAN DO, UH, RURAL OR WITH THE DISTRICT OF .

YEAH.

THERE'S SOME LIMITS, UH, LIKE AGRICULTURAL SUPPORT INDUSTRY OR BUSINESSES.

COULD HE BUILD A HOUSE THERE AND LIVE THERE? YES.

OKAY.

HOW MANY HOUSES? 1, 2, 2, 8, 1 HOUSE.

OKAY.

ARE THERE ANY OTHER RESTRICTIONS, UM, TO VET A BREADTH OF ALTERNATE USES BECAUSE OF BEING IN THE AQUEOUS? YEAH.

THERE ARE LIMITATIONS IN THE, UM, THAT PARTICULAR WHOSE ZONE, BECAUSE IT'S THE ACCIDENT ABC TWO OR ABC.

SO THERE ARE, ESPECIALLY WITH, UM, ANY KIND OF USE THAT WHERE PEOPLE CONGREGATE ARE REALLY LIMITED IN THAT AREA BECAUSE OF HAZARDS DUE TO THE, SO IT'S SAFE TO SAY THAT THE GRANDFATHERING OF THE, TO A RETAIL OUTLET.

SO IT'S PRETTY MUCH LIMITING.

YEAH.

OKAY.

IS THIS WELL AND SEPTIC PREDOMINANTLY? YEP.

YEP.

UM,

[00:30:01]

THERE'S SEWER ACCESS ON THE PROPERTY.

OKAY.

WELL, I WOULD HAVE TO DOUBLE CHECK FOR YOU.

I DO NOT HAVE THAT OPEN.

OKAY.

YES.

THE APPLICANT COME ON UP.

UH, IS IT NO MANCO? AH, HI, LADIES AND GENTLEMEN, MY NAME IS ALEXA AND THE MANCHA.

I GO BY ALEX.

AND I'M THE OWNER OF THE, UH, 27 0 6 TRUST PARKWAY.

UH, AS YOU HEARD.

UM, UNFORTUNATELY WHEN I, UH, PURCHASED THE PROPERTY, WE HAD, I HAVE THE CURRENT ZONING AND I HAD A YEAR TO OPEN A, UH, REOPENED STORE.

I WAS ABLE TO, UH, HAVE THE LIQUOR LICENSE AND A CONVENIENCE STORE OPENED, BUT DUE TO THE CARBON AND OTHER SITUATION, THE GAS STATION PUMPING GAS WOULD NOT BE ABLE TO OPEN.

UH, AND, UM, BECAUSE OF THAT, UH, BUT THE GAS STATION, YOU ACTUALLY DON'T MAKE ANY MONEY ON PUMPING GAS, BUT IT DOES BRING PEOPLE IN.

AND IT ALLOWS THE CONVENIENCE STORE TO PROVIDE BASIC, UH, GOODS AND SERVICES FOR PEOPLE IN THE COMMUNITY.

I HAVE A SUPPORTIVE LETTERS FROM THE, UH, SOME OF THE NEIGHBORS NEXT DOOR, WHICH LIKE THE GAS STATION TO BE REOPENED.

AND, UH, W UH, TO ANSWER YOUR QUESTIONS, OR, UH, WE ARE ON THE SENIOR WATER.

UH, THERE IS A, UM, CD SEWER THAT CURRENTLY IS ON THE SEPTIC TANK.

UH, BUT THE GAS STATION DOES NOT HAVE A LOT OF FOOT TRAFFIC.

SO SEPTIC TANK IS SUFFICIENT ENOUGH.

UM, UH, PRIOR TO THE PURCHASE GAS STATION WENT THROUGH PHASE TWO ENVIRONMENTAL STUDY AND HAVE A CLEAN BILL OF HOUSE.

UH, THE TANKS BEING MAINTAINED BY ME ABOUT YOUTUBE TO THE LAST 10 YEARS AND ALL THE TESTS WERE DONE TO THEM.

SO THEY HAVE NO LEAKS AND ANY ENVIRONMENTAL HAZARD.

UH, IT IS A SMALL GAS STATION.

IT'S ONLY TWO PUMPS.

SO IT SERVES AS A VERY SMALL FOOT TRAFFIC AND SMALL CAR TRAFFIC, BUT EAT BIG PUMPING GAS IS CRUCIAL FOR OPERATING THE CONVENIENCE STORE.

UM, I'VE, I'VE DUDE SPOKE EXTENSIVELY WITH THE MARINE STATION AND THEY TOLD ME THEY CANNOT ALLOW RESILIENCE BECAUSE IT WILL SET THE PRECEDENT.

UH, BUT ON THE OTHER HAND, UH, THE, I BELIEVE THEY LOST THE CASE WITH THE GRACE HILL BAPTIST CHURCH.

WHEN THE GREAT SEAL BAPTIST CHURCH WAS ALLOWED TO BUILD EXTRA 17,000 SQUARE FEET FACILITY.

AND IT'S IN THE SAME, UH, SONY SAME FLIGHT PATTERN.

UH, THAT'S ALL I HAVE TO SAY.

IF YOU HAVE ANY QUESTIONS, I WILL GLADLY ANSWER IT.

OKAY.

WHY DID COVID KEEP YOU FROM OPENING, REOPEN THE PUMP STATE? I COULDN'T GET TECHNICIAN TO ACTUALLY SERVICE THE STATION FOR SIX PLUS MONTHS, AND THEN A PUMP SUPPLIER DID NOT HAVE PUMPS IN, AND NOW THEY'RE, THEY'VE BEEN DOING IN BY FOR THE LAST THREE MONTHS, BUT WE COULDN'T INSTALL THEM BECAUSE, UH, COULDN'T GET HER A PERMIT, LIKE A CONVENIENCE STORE OR CONVENIENCE STORE, CONVENIENCE STORE BEEN OPERATING FOR A YEAR PLUS, UH, WITH THE MIXED RESULTS.

SO ONCE YOU COULD STAY OPEN THE OTHER COULDN'T, I THOUGHT WE WERE STANDING, I DON'T KNOW HOW THAT WORKS, BUT THAT'S WELL, HE WAS ABLE TO KEEP THE CONVENIENCE STORE OPEN.

SO IT WAS GRANDFATHERED WITHIN THE YEAR, BUT HE COULDN'T GET THE PUMPS FIXED WITHIN A YEAR.

SO IT WASN'T GRANDFATHERED ANYMORE.

AND THE PUMPS, WHICH PREVIOUS OWNER LEFT, WE WERE MISSING PARTS AND WHEN CREATED GREAT PASSWORD.

SO THE PUMPS HAD TO BE COMPLETELY REPLACED BY THE RECOMMENDATION OF THE FIELD SUPPLIER.

OKAY.

WHAT SIZE TANKS ARE THERE? IT'S A 12,000 GALLON TANK OF FIRE STEEL, UH, UH, WRAPPED IN FIBERGLASS THREE COMPARTMENTS.

UM, SO IT'S A VERY SIMPLE, IF YOU KNOW ANYTHING ABOUT GAS STATION, IT'S VERY SMALL.

YEAH.

THE, UM, YOU HAVE A QUESTION FOR YOU PLEASE.

THE GAS STATION, THAT'S ABOUT A BLOCK AWAY, BUT IT'S A LONG BLOCK, UM, AT 27 70 TRASK.

IS THAT GRANDFATHERED IN OR IS THAT IN A, UM, A ZONE IT'S IN, IT'S IN THE COMMUNITY CENTER MIXED USE DONE ALREADY, SO, OKAY.

SO IT IS, SO HE'S PRETTY CLOSE TO THAT ZONE.

HE'S NOT THAT FAR AWAY.

IN FACT, I GUESS THE QUESTION WOULD BE WHERE, WHERE DOES THAT ZONE KIND OF, UM, WHERE DOES THAT ZONE CHANGE? IS IT AT JONES FIELD ROAD OR JUST BEFORE IT'S, UH, IF YOU DO SEE IT THERE ON YOUR SCREEN.

WELL, I'M LOOKING AT THE GOOGLE MAP AND, UM, I GOT THE TWO GAS STATIONS HERE AND THERE THEY'RE NOT TOO FAR AWAY FROM EACH OTHER ONES RIGHT OFF JONES FIELD.

[00:35:01]

ARE YOU TALKING ABOUT TWO DIFFERENT STATIONS, TWO DIFFERENT GAS STATION RIGHT DOWN THE BLOCK.

YES.

YES.

OH, THE GAS STATIONS RIGHT HERE, THE SHELL, THE SHELL, AND THEY WERE RIGHT UP THE ROAD.

YEAH.

OKAY.

TOWARDS, AWAY FROM THE AREA STATION TOWARDS THE RIVER OR AS WHALE BRANCH, ACTUALLY THE, THE, UM, THE SHELL STATION IS ACTUALLY CLOSER TO THE AIR STATION, THEN THIS SCAN STATION.

YEAH.

AND ACROSS THE STREET TO THAT, HE USED TO BE AT ANOTHER GAS STATION, BUT I DON'T KNOW IF IT'S STILL IN EXISTENCE AND TAKE A WILD GUESS AND SAY THAT SHELL STATIONS GOT MUCH LARGER TANKS THAN 12,000 GALLONS.

I DON'T THINK THERE'S A SHELL STATION ON THIS PLANET.

THAT'S GOT EIGHT LOTS OF PROBLEMS OUT THERE.

YEAH.

OKAY.

ANY OTHER QUESTIONS? ANY QUESTIONS FROM THE PUBLIC LEARNING THIS MATTER? I'M SORRY.

YES, PLEASE.

HI, I'M DAWN, UM, LOW COUNTRY GLOBAL LAND RESOURCE TRUST.

MY QUESTION, I GUESS IS JUST ABOUT THE REDUNDANCY OF THE, UM, SERVICES THAT HE'S, UM, THAT THAT IS BEING CONSIDERED.

AND I'M JUST WONDERING IF THAT'S HOW WE WANT TO, UM, IF THAT'S THE DIRECTION WE WANT TO GO INTO, IT SEEMS LIKE, UM, GAS STATIONS ARE KIND OF LIKE THE GO-TO, UM, DEVELOPMENT, AND I THINK WE COULD PROBABLY USE A LITTLE MORE IMAGINATION, I GUESS.

OKAY.

THANK YOU.

ALL RIGHT, MS. HARRIS, DO I HEAR ANY OTHER QUESTIONS? IF NOT, CAN I HAVE A MOTION TO EITHER APPROVE OR NOT APPROVE THE STAFF'S RECOMMENDATION? WELL, CAN I TALK ABOUT A PERSON? I CAN SURE.

MAKE A MOTION.

I MEAN, I THINK IN THE LIGHT OF COVID THAT A LOT OF THINGS HAVE BEEN EXTENDED AND I CAN ATTEST FIRSTHAND THAT IT'S HARD TO GET CERTAIN THINGS, UM, ESPECIALLY IN THE MANUFACTURING WORLD.

AND I FEEL BAD FOR THIS GENTLEMAN FOR BUYING THIS GAS STATION AND, AND NOT MANY OF THEM TO GET THE PARTS AND PIECES TO KEEP THE GAS PUMPS RUNNING.

I CAN ALSO ATTEST THAT IF YOU DON'T HAVE FUEL, YOU CAN'T REALLY KEEP A CONVENIENCE STORE OPEN.

IT'S JUST, YOU DON'T, THE FUEL DOESN'T MAKE MONEY, BUT IT DOES ATTRACT PEOPLE TO BUY STUFF IN THE STORE.

AND THAT BEING SAID, UM, I'LL MAKE A MOTION TO APPROVE THE ZONING OF THIS PIECE OF PROPERTY.

WOULD YOU MAKE THE MOTION IN TERMS OF THE STAFF RECOMMENDATION? OKAY.

I'LL MAKE A MOTION TO RECOMMEND APPROVAL OF THE COUNTY COUNCIL OF THIS 27 0 6 TRASK PARKWAY FROM T2 RURAL NEIGHBORHOOD TO C4 COMMUNITY CENTER MIXED USE.

IS THERE A SECOND? OKAY.

CAN I STILL ASK THE COURT FROM ALL I'M GOING TO ASK NOW FURTHER, ANY FURTHER COMMENTS? OKAY.

UM, MY QUESTION IS, OR WE'LL PLAY MAKE BELIEVE FOR A MINUTE.

IF THIS BECOMES A C4, UM, ZONE, COULD THIS TURN INTO SOMETHING TOTALLY DIFFERENT A MONTH FROM NOW? AND COULD WE BE SITTING HERE SAYING, WHAT THE HECK DID WE DO HERE? UM, WE THOUGHT WE WERE SAVING A SMALL, SMALL BUSINESS, UM, AND NOW WE'VE CREATED A MONSTER.

UM, SO IS THERE SOMETHING ELSE THAT COULD HAPPEN HERE AS WITH ANY CHANGING OF ZONING YOU ARE CHANGING THE ALLOWED USES ON THE PROPERTY? SO YES, THERE COULD BE POTENTIALLY SOMETHING ELSE THERE DOWN THE LINE THAT WOULD BE ABLE TO BE DONE UNDER THE COMMUNITY SENATOR CENTER, MIXED USE DISTRICT THAT WOULDN'T HAVE BEEN ABLE TO BE DONE UNDER THE T2 RURAL.

GIVE ME, UH, WITHOUT PREJUDICE, PREJUDICING THE APPLICATION.

GIVE ME A COUPLE OF EXAMPLES OF WHAT SOMEBODY COULD DO IN A C4 FOR A DISTRICT WOULD ALLOW FOR A LITTLE OVER 20,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON A TWO ACRE PARCEL.

SO THERE'S LOTS OF DIFFERENT TYPES OF THINGS THAT COULD FIT INTO THAT.

UM, LET'S SEE.

AND GUESS WHAT, HE'S LOOKING FOR SOMETHING MORE,

[00:40:02]

ARE THERE, ARE THERE USES ROB, IF YOU CAN POINT OUT UNDER SEEKING? YEAH.

BASICALLY IT'LL ALLOW ANY KIND OF RETAIL SERVICE, UM, YOU KNOW, OFFICE TYPE USE.

THE THING TO KEEP IN MIND IS IT'S STILL UNDERNEATH A AIRPORT OVERLAKE DISTRICT WITH THIS MOST RESTRICTED.

SO ANY PETTY USE WHERE PEOPLE COME IN, IT WOULDN'T, I MEAN, OBVIOUSLY THAT SMALL PARCEL WOULDN'T BE ABLE TO HAVE SHOPPING CENTERS, MULTIPLE SEGMENTS, BUT YOU KNOW, THERE'S, THERE'S RESTRICTIONS THAT ARE PLACED BECAUSE OF THE AIRPORT OVER THIS.

OKAY.

ALL RIGHT.

UM, I HAVE A COMMENT.

I FIND MYSELF HAVING TO VOTING AGAINST THE ZONING.

UM, ONE DAY COOS TO ME IS AS A SACRED, UH, PROTECTION THAT WE TRY TO INSTILL WITH OUR MILITARY BASIS.

UM, AND I DO ALSO BELIEVE THAT IT'S, IT'S A REDUNDANT SERVICE THAT'S AVAILABLE PROBABLY LESS THAN A HALF A MILE DOWN THE SAME SIDE OF THE ROAD WITH A CONVENIENCE STORE AND MULTIPLE PUMP CAPABILITY, THE SHELL STATION.

AND THIRDLY, BECAUSE THE SURROUNDING AREAS ARE EMOTIONALLY RURAL.

YOU DON'T WANT TO CREATE A CHAIN REACTION OF CV, OUR COMMUNITY CENTER APPLICATIONS IN THAT RURAL AREA, I WOULD VOTE AGAINST IT MYSELF, BUT I'M READY TO TAKE A BOAT.

WOULD YOU GET IN STATE YOUR EMOTION? I'LL MAKE A MOTION THAT WE RECOMMEND APPROVAL FOR 2,706 TRASK PARKWAY FROM T2 RURAL NEIGHBORHOOD TO C4 COMMUNITY CENTER.

MIXED USE ALL THOSE IN FAVOR.

RAISE YOUR HAND.

OKAY.

WAIT.

ALL RIGHT.

SO WE HAVE THREE FOR ALL THOSE AGAINST TWO AGAINST, UH, THE MOTION PASSES TO RECOMMEND UPGRADING TO 52 RURAL TO C4 COMMUNITY CENTER MIXED.

THANK YOU.

ALL RIGHT.

ITEM NUMBER NINE.

[9. ZONING MAP AMENDMENT/REZONING REQUEST FOR 6.26 ACRES (R100 027 000 0387 0000) 186 CHEROKEE FARMS RD FROM T2 RURAL TO T4 NEIGHBORHOOD CENTER; APPLICANT: RANDALL R. MIKALS]

OH, THAT'S NOT THE RIGHT MEDICINE, DIFFERENT MAP THAT CAN CRY AND JUST WANTS TO BE HEARD.

OKAY, WELL THIS, UM, AND I DON'T KNOW IF THERE'S ANYONE JOINED US ON ZOOM IS SOMEBODY I HEARD A VOICE.

OKAY.

AND I DON'T KNOW IF WE HAVE THE APPLICANT REPRESENTING THIS PROJECT HERE.

OKAY.

ALL RIGHT.

I MEAN, WE CAN MOVE FORWARD, BUT, UM, SO THE, I WANTED TO GIVE YOU A LITTLE BIT OF BACKGROUND.

THIS ITEM WAS ORIGINALLY ON THE SEPTEMBER 9TH AGENDA, CORRECT? YEAH.

AND YOU KNOW, SO YOU WOULD HAVE RECEIVED IN THAT PACKET, A STAFF REPORT WITH THE RECOMMENDATION AND ACTUALLY THAT RECOMMENDATION WAS FOR DENIAL AND THE APPLICANT DECIDED THAT DAY TO PULL IT FROM THE AGENDA BECAUSE THEY WANTED TO HAVE AN OPPORTUNITY TO KIND OF LOOK INTO SOME OF THE ISSUES THAT STAFF BROUGHT UP.

AND SO THAT'S KIND OF WHERE WE ARE RIGHT NOW.

THE, UM, WHAT IS WHERE THE ORIGINAL PROPOSAL WAS TO ZONE THIS PROPERTY.

THIS IS LOCATED ON CHEROKEE FARMS ROAD.

UM, JUST SHORT OF THE ENTRANCE OF HABERSHAM FROM T2 RURAL TO T4, UH, NEIGHBORHOOD CENTER.

UM, THE APPLICANT IS NOW REQUESTING TO CHANGE WHAT THEIR REQUESTS, THE ZONING THEY'RE REQUESTING TO T4 HAMLET CENTER OPEN.

SO THAT'S WHAT THIS MAP IS REFLECTING.

SO IT'S A LITTLE BIT OF A DIFFERENCE FROM THE ORIGINAL APPLICATION.

UM, AND TO GIVE YOU SOME BACKGROUND, OUR ORIGINAL CONCERN WAS THAT YOU HAVE, IF YOU CAN GO TO THE NEXT SLIDE, UM, YOU HAVE THE HABERSHAM COMMUNITY, AND THEN ACROSS THE STREET ON CHEROKEE FARMS ROAD, YOU HAVE CHEROKEE FARMS. AND WITHIN THOSE TWO DEVELOPMENTS, YOU HAVE ALREADY HAVE A MAIN STREETS ALONG MARKET STREET IN HABERSHAM.

AND THE PROPOSAL WAS

[00:45:01]

AND THERE'S ACTUALLY ROOM FOR ABOUT 150,000 SQUARE FEET OF EXPANSION OF THAT.

THE ZONING DISTRICT THAT THEY CHOSE FOR THIS SITE ORIGINALLY WAS T4 NEIGHBORHOOD CENTER, WHICH IS IN ITS VERY DEFINITION DESIGNED TO BE A MAIN STREET TYPE COMMERCIAL.

AND SO AS STAFF, WE DID NOT SUPPORT THAT BECAUSE THERE'S ALREADY A MAIN STREET THAT SERVES THIS DEVELOPMENT AND HAVING THAT SIMILAR ZONING ACROSS THE STREET DID NOT MAKE SENSE.

UM, SINCE THAT TIME THE APPLICANT HAS MET WITH, UM, THE HABERSHAM LAND COMPANY, UM, TO LOOK AT WHAT TYPES OF USES MIGHT BE APPROPRIATE FOR THAT AREA ALONG CHEROKEE FARMS ROAD, THAT WOULD COMPLIMENT WHAT THEY CURRENTLY, YOU KNOW, THE CURRENT MAIN STREET OF HABERSHAM AND THE RESIDENTS IN THAT AREA, BUT NOT COMPETE WITH THE, THE, THE, THE MAIN STREET DEVELOPMENT.

AND SO THAT'S WHAT THEY'RE SUBMITTING TODAY FOR THIS APPLICATION.

UM, IF YOU CAN GO TO THE NEXT SLIDE.

SO THEY CAME UP WITH SOME VERY CONCEPTUAL PLANS AND I ALWAYS HAVE TO GIVE A COPY OUT WHEN THEY DO THIS.

THIS IS NOT THEIRS.

YOU KNOW, THIS IS MORE WHAT THEY DID TO KIND OF LOOK AT WHAT WAS POSSIBLE TO DEVELOP HERE UNDER, UH, THE T4 HAMLET CENTER, OPEN ZONING.

UM, BUT THIS IS NOT IN ANY WAY BINDING THEM TO DEVELOP IN THIS FASHION.

UM, THE TYPES OF USES ARE LOOKING AT ARE THEY BECAUSE THE, CURRENTLY THERE IS A, UM, 12,000 SQUARE FOOT KIND OF METAL BUILDING ON THAT SITE.

UM, THEY'RE LOOKING AT THE POSSIBILITY OF CONVERTING THAT TO SOME SORT OF A BREWERY AND OUTDOOR BEER GARDEN.

THAT TYPE OF USE PROBABLY IN A MAIN STREET SETTING WOULD NOT BE AS APPROPRIATE, BUT IN THIS ONE MIGHT BE MORE, UM, MEDICAL OFFICE BUILDING.

AND I THINK THEY ALSO HAVE A, UM, UH, VETERINARIAN SERVICE.

SO THEY SAT DOWN WITH THE FOLKS AT HABERSHAM AND THEY KIND OF CAME TO AN AGREEMENT THAT SOME ZONING LESS THAN WHAT THAT T4 NEIGHBORHOOD CENTER WOULD BE.

UH, YOU KNOW, THEY MIGHT, THAT FOLKS THAT HAVE, OR SHARE MIGHT SUPPORT THAT FOR THE SITE.

SO ALL OF THIS HAS HAPPENED BETWEEN THE LAST MEETING AND THIS MEETING.

SO JUST TO GIVE YOU SOME BACKGROUND, UM, AS FAR AS STAFF'S POSITION ON THIS, UM, WE'RE CERTAINLY MORE COMFORTABLE WITH THE T4 HAMLET CENTER OPEN DISTRICT.

UM, WE STILL FEEL THAT THAT IS, YOU KNOW, A LITTLE BIT TOO INTENSE AND PROBABLY T4 OR T2 RURAL CENTER MIGHT BE APPROPRIATE.

THE ONE THING THAT WE DO NOT HAVE IS THAT WE REACHED OUT TO THE AIR STATION, THEIR ORIGINAL, UM, YOU KNOW, STANCE ON THIS WAS THAT THEY DID NOT SUPPORT IT BECAUSE THEY DID NOT HAVE ENOUGH INFORMATION.

WE SENT THEM THE UPDATED INFORMATION AND THEY SAID THEY STILL NEED MORE TIME TO FORMULATE AN OPINION ON WHETHER THEY'RE GOING TO SUPPORT IT OR NOT.

THERE ARE SOME DIFFERENCES IN TERMS OF WHERE THIS IS LOCATED COMPARED TO LIKE THE, THE GAS STATION ON TRASK PARKWAY THAT YOU JUST LOOKED AT.

THAT WAS AN ACCIDENT, POTENTIAL ZONE ONE.

THIS IS IN THE, I WOULD SAY, USE THE TERM LOOSELY, THE QUIETEST OF THE NOISE CONTOURS.

IT'S A 65 TO 70 DECIBEL RANGE, WHICH I USE THE WORD QUIET IN A VERY LOOSE FASHION.

THERE IS WITHIN THE AIRPORT OVERLAY DISTRICT, IT'S THE LEAST RESTRICTIVE, BUT IT'S STILL, YOU KNOW, THE AIR STATION IS DEFINITELY CONCERNED ABOUT ENCROACHMENT IN THAT AREA.

AND SO, YOU KNOW, THEY, THEY DEFINITELY WANT TO TAKE A LOOK AT THE REZONING, UM, THAT THE APPLICANT, I DON'T KNOW THAT THEY'RE HERE.

AND SO IT'S REALLY HARD TO SPEAK ON, YOU KNOW, WELL, MAYBE WE SHOULD DEFER THIS UNTIL THE NEXT MEETING.

UH, I MEAN, IF YOU HAVEN'T GOTTEN A RESPONSE BACK YET FROM THE MILITARY AND THE APPLICANT, OBVIOUSLY HE'S NOT HERE TO, UH, PITCH THEIR APPLICATION.

UM, I DON'T KNOW THAT WE HAVE ALL THE INFORMATION WE NEED, YOU CAN DEFER FOR 30 DAYS.

AND I THINK THE FACT THAT WE HAVE NOT, WE RECEIVED AN EMAIL TODAY FROM THE AIR STATION SAYING THEY NEEDED MORE TIME.

SO THEY DID RECEIVE THE REVISED APPLICATION.

AND I THINK MARY RYAN KRIEGER FROM THE AIR STATION IS JOINED US ON ZOOM.

IF YOU HAVE ANY QUESTIONS FOR HER, LET'S HAVE TO PROVIDE A LIST OF EXHIBITS AS FAR EATING.

I'M SORRY.

SHE SAID, SHE'S HAPPY TO PROVIDE A LIST OF EXAMPLES FOLLOWING MEETINGS.

OH, THAT WAS FOR THE TRASK, I APPALLED QUESTIONS, BUT GOOD

[00:50:01]

UM, WE JUST, WITH THE NEW, UH, INFORMATION WE WERE PROVIDED, WE JUST WANT A LITTLE BIT MORE TIME, SO WE CAN GIVE A THOROUGH AND THOUGHTFUL RESPONSE.

UM, AND I APOLOGIZE FOR THE DELAY ON THAT.

UM, BUT, UH, YES.

THANK YOU.

ALL RIGHT.

THANK YOU.

IS THERE ANY OBJECTION TO DEFERRING? UM, I JUST HAD A QUESTION WHICH, WHICH ONE DO THEY REALLY WANT TO DO HERE? THE, UM, THE BREWERY OR THE, UM, COULD BE THE SAME THING? WELL, WHEN I SAT DOWN WITH HIM, I TOLD HIM, I SAID THAT BASICALLY ONE OF THE RESTRICTIONS OF THE EIGHT, WHOSE IS A MAXIMUM DENSITY OF TWO UNITS PER ACRE.

AND SO THEY WOULD, THE AIR STATION WOULD, I BELIEVE, WOULD VIEW ASSISTED LIVING, YOU KNOW, ANY DENSITY THAT'S GREATER THAN TWO UNITS PER ACRE WOULD PROBABLY BE NOT VERY SUPPORTIVE OF THAT.

UM, YOU KNOW, SO THE, THESE IS TWO PROPOSALS.

THEY'RE MORE FOR THE, IN TERMS OF THEM BEING ABLE TO FIGURE OUT REALLY HOW MUCH COMMERCIAL ZONING DISTRICTS.

WELL, AS I UNDERSTAND THE DEVELOPMENT PLAN AT THIS POINT IS JUST A ROUGH IDEA OF HOW WE MIGHT CONSIDER USING THE LAND.

IT'S NO COMMITMENT, IT'S NO OBLIGATION ON THEIR PART.

ONCE THE ZONING IS CHANGED, THEY CAN DO ANYTHING THAT THE ZONING WOULD ALLOW.

YES, BUT IT DOES ALLOW, YEAH.

IT KIND OF SHOWS, I THINK WHAT WE'RE LACKING WITH THE LAST SUBMITTAL, WHENEVER, YOU KNOW, THESE TRANSICS CENTERS, T4 NEIGHBORHOOD CENTER, OR EVEN T4 HAMLET CENTER OPEN WITHOUT A PLAN OR SOME SORT OF MASTER PLAN, IT'S VERY DIFFICULT TO PICTURE WHAT TYPE OF DEVELOPMENT COULD OCCUR, ESPECIALLY WITH THE MAIN STREET.

AND THAT'S WHY WE WERE VERY MUCH IN OPPOSITION OF THE LAST, YOU KNOW, LAST PROPOSAL THAT CAME FORWARD AT THE SEPTEMBER MEETING BECAUSE THERE'S ALREADY A MAIN STREET IN THE AREA, RIGHT.

IT'S HAS A LOT OF CAPACITY TO EXPAND.

SO WE HAD SUGGESTED IN THE STAFF REPORT THAT IF THEY ARE GOING TO LOOK AT ANY TYPE OF COMMERCIAL DEVELOPMENT IN THAT AREA, IT OUGHT TO BE THINGS THAT COMPLIMENT THE MAIN STREET, NOT COMPETE WITH WHERE THERE HAVE TO BE A TRAFFIC IMPACT ANALYSIS DONE TOO, BECAUSE I MEAN, THAT'S JUST A VERY NARROW ROAD COMING INTO THE HABERSHAM COMPLEX.