* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. CALL TO ORDER] [00:00:03] OF APPEAL MEETING. UM, WE CALLED THIS MEETING TO ORDER THE TIME NOW IS FIVE O'CLOCK. UM, IT IS ALL CUSTOM THAT WE BEGIN OUR MEETING BY. WE COULD ALL STAND FACE THE FLAG. I PLEDGE ALLEGIANCE TO THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH THE SAYINGS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY. THANK YOU. REPEATING. WHAT ELSE IS, IS, IS, IS GOING TO BE, UH, THERE ARE GOING TO BE ANY PUBLIC COMMENT. IF WE WANT TO SPEAK, IF YOU WOULDN'T FEEL THIS FORMAT AND PLEASE PRINT TO YOUR NAME, THAT WOULD BE GREATLY APPRECIATED. UM, NOTIFICATIONS WE GET ON NOTIFICATIONS, UH, ADOPTION OF THE AGENDA, [4. ADOPTION OF AGENDA] I GUESS, WHAT TO MAKE ADOPTED AGENDA CHECKING AND MAIDEN. SECOND, ALL THE FAVOR AND ADOPTED, UH, IT'S BEEN ADOPTED APPROVAL OF THE MINUTES, [5. APPROVAL OF MINUTES – December 16, 2021] DECEMBER 16. WE HAD A CHANCE TO LOOK THOSE MINUTES OVER ANY PROGRESSIONS, AT LEAST FOR APPROVAL. SECOND, YOU MADE A SECOND ALL IN FAVOR, THE DECEMBER 16 MINUTES, THAT HAS BEEN, UH, ITEM NUMBER SIX, [6. Mr. Graham Trask is requesting a Special Use Permit to construct a Drive-thru Restaurant in the T4 Neighborhood Center Zoning District. Drive-thru Restaurants are allowed in the zoning district as a Special Use. Property is located at 131 Sea Island Parkway and is zoned T4 Neighborhood Center (T4NC). (CONTINUED FROM DECEMBER’S MEETING)] MR. GRAHAM TRACKS, ESPECIALLY ESPECIALLY USE PERMIT STRESS. IT'S NOT YOUR FIRST RODEO. SO COME ON UP. SOUNDS GOOD TO SEE EVERYBODY AGAIN. UM, I JUST LIKE TO RECAP WHERE WE ARE. UM, THIS IS FOR A SPECIAL USE PERMIT OR A DRIVE THROUGH RESTAURANT, UM, IN YOUR DECEMBER, THE SRT FAVORABLE, FAVORABLE RECOMMENDATION TO TO APPROVE A SPECIAL USE PERMIT WITH THREE CONDITIONS. UM, AT THAT MEETING, THE CVOE DECIDED TO DEFER A DECISION ON THE SPECIAL USE PERMIT BASED REALLY SOLELY ON TRAFFIC AND CONGESTION CONCERNS, WHICH WERE, WOULD BE ADDRESSED IN THE TIA TODAY. AND THE BENEFIT OF THE VINYL CIA, THE SRC HAS, OR WILL AGAIN, HAS ALREADY MADE A FAVORABLE RECOMMENDATION FOR A SPECIAL USE, FOUND THAT WITH THE SAME THREE CONDITIONS, WHICH WERE INCORPORATE THE TIA RECOMMENDATIONS, THE STAFF DRV, UH, ARCHITECTURAL ARCHITECTURAL REVIEW AND ON THE STORM WATER REQUIREMENT, UH, THE FINAL TIA CONCLUDED, UM, THAT AS WE ALREADY KNOW, WE ALREADY KNEW THAT THE S C D O OT CONTROLS THE ROAD AND THE CURB, THE S C D O T DOES NOT REQUIRE ANY EXTERNAL TRAFFIC MITIGATION, MEANING THERE'S NO NEED FOR A LEFT TURN LANE. THERE'S NO NEED FOR A RIGHT TERMINAL. UM, THEY HAVE ALSO APPROVED THE FULL ACCESS PER CUT. UH, THERE WAS A RECOMMENDATION IN THE TIA OR A TWO LANE EGRESS TO ALLOW FOR A DEDICATED RIGHT TURN OUT AND THEN A STRAIGHT OR LEFT TURN. UH, THE COUNTY'S OWN TRAFFIC ENGINEER, WHO I BELIEVE IS HERE, UM, HAS HAD AN OPPORTUNITY TO LOOK AT THE DRAFT TIA AS WELL AS THE FINAL TIA. UM, AND SHE ALSO HIGHLIGHTED THAT THE TIA RECOMMENDS A TWO LANE EGRESS AND AS THE DEVELOPER, UH, I AGREE TO THAT. SO I WILL AGREE TO A TWO LANE INGRESS, RIGHT TURN LANE, A LEFT STRAIGHT AS RECOMMENDED. THERE WAS ALSO A CONCERN, A SEVEN CAR EGRESS HEWING. UM, UH, IT WAS BLOCKED SOME OF THE PARKING. I THINK IT'S IMPORTANT TO NOTE IN MY, UM, MY TRAFFIC ENGINEER IS ALSO ON DAY, UM, THAT, THAT, UH, SEVEN CAR REGRESS, UH, QUEUE WAS FOUR. WELL, THAT'S THE 95TH PERCENTILE. THE AVERAGE HERE IS THREE DURING THE, UM, THAT'S WHAT THE TIA SAID. UM, AND SO THAT MEANS THE 95TH PERCENTILE [00:05:01] IS FOR THREE MINUTES, THREE MINUTES IN THE MORNING. UM, AND WE CAN, WE CAN TALK ABOUT THAT. UM, I BELIEVE THAT WE'VE MET ALL THE OBJECTIVE CODE REQUIREMENTS FOR THE APPROVAL OF THE SPECIAL USE PERMIT. UM, THE SRT RECOMMENDS THE APPROVAL OF THE SPECIAL USE COMMENT. UM, I BELIEVE THAT I'VE ADDRESSED ALL THE PARKING, ALL THE TRAFFIC, UH, ISSUES THROUGH THE TIA AND THEN THROUGH FEEDBACK FROM THE COUNTY. AND I RESPECTFULLY REQUESTS THAT BASED ON THOSE, THAT OBJECTIVE DATA THAT, UM, DOES THE VOA ISSUES, THE SPECIAL PERMIT, UM, THIS SPECIAL USE PERMIT, SO THAT I CAN MOVE QUESTIONS FOR ME OFF THE BAT. AND YOU SAID YOU, UH, WHEN I WAS TRYING TO CONFIRM IN THIS TRAFFIC STUDY, SO THE LEFT TERM EXITING THE PROPERTY AND DIRECTOR, AND THAT IS SOMETHING THAT YOU AGREED TO DO, NOT THE, THE TRAFFIC. I MEAN, THE T THE TRAFFIC ENGINEER TRAFFIC STUDY RECOMMENDED THAT, AND THE ORIGINAL SITE PLAN WAS JUST ONE EGRESS LANE, BUT I'M A MARINE TO PUT TWO, AND I'M THE DEVELOPER. SO I'M AGREEING WITH THE TIA, WHICH WAS A RECOMMENDATION, A REQUIREMENT FROM THE TEAM. SO IN OTHER WORDS, KEVIN, I'VE GOT TO COME UP WITH A NEW SITE PLAN TO EXIT. AND WHAT ELSE HAVE ANY QUESTIONS, WHEN CAN WE EXPECT YOU THAT UPDATED SAY FLAT? WELL, UH, I IT'S IN THE WORKS, WHAT I WOULD SUGGEST THAT, UH, THE ZOA APPROVES IT BASED ON A TWO LANE EGRESS AND THAT EVERYTHING THEN GOES TO THE, UM, I'M RELUCTANT TO, TO APPROVE A SPECIAL EXCEPTION USE WITHOUT A FINAL SITE PLAN THAT I KNOW WHAT'S GOING IN THERE. OKAY. UH, I MEAN, YOU, YOU CAN'T ACCEPT THAT A TWO LANE, I DON'T KNOW WHAT OTHER EFFECTS THAT'S GOING TO HAVE ON THE SITE PLANNING NOW. I MEAN, MY, MY COLLEAGUES MAY DISAGREE WITH ME, SO YEAH, I'M HAPPY TO COME BACK. AND ANOTHER ONE WITH, UH, A NEW SITE PLAN, IF YOU DON'T TRUST THE SRT TO, IT'S NOT AN ISSUE OF TRUST MR. TASK, AND I DIDN'T SAY IT WAS, UM, SO I'M HAPPY TO COME BACK WITH ANOTHER SITE PLAN, IF THAT'S A REQUIREMENT OF , UM, SHOWING A RIGHT TURN LANE OUT AND THEN A STRAIGHT AND ELECTRON THAT'S FINE. YEAH. AND IT'S JUST GOOD TO HAVE ALL YOUR PAPERWORKS BEFORE THIS BOARD WOULD, YOU KNOW, SO THAT WE CAN HAVE EVERYTHING BEFORE IS THAT WE AVOIDING ON. I MEAN, I UNDERSTAND WHAT YOU'RE SAYING AND YOU PUTTING THE TRUST INTO THE A S I T TO DO WHAT THEY NEED TO DO, BUT JUST TO HAVE ALL OF THE PAPERWORK BEFORE IS THAT WAY WE CAN SEE EXACTLY WHAT WE WERE VOTING ON, AND I'M MUCH MORE COMFORTABLE THAT WAY. AND I WOULD, I WOULD SUGGEST THAT YOU'RE MUCH BETTER OFF THAT WAY ALSO. OKAY. SO IS THAT OKAY? ANYTHING ELSE? YES, SIR. I HAVE ONE QUESTION. UH, YOU SAID THERE MAXIMUM WOULD BE THREE VEHICLES IN THE QUEUE. THAT'S THE AVERAGE CUTE HOUR. WHAT, WHAT DID YOU SAY WOULD BE AT PEAK HOURS? THIS IS THE PEAK ALLEN. UH, THE PEAK HOUR IS THE MORNING HOUR, BUT IN THIS LITTLE, UH, REVIEW, WE GOT, IT SAYS, UH, NINE VEHICLES ON PROJECT PROJECTED QUEUING. IT WOULD BE NINE VEHICLES. UM, WHAT I HAVE IN FRONT OF ME IS AVERAGE QUEUE PEAK HOUR IS BRIEF. I DON'T KNOW WHAT, WHAT ARE YOU ON THE SECOND PAGE STUART YOU ON? I AM ON, UM, I THINK THAT THE, THE REFERENCE TO NINE WAS A PREVIOUS VERSION OF IT, MAYBE MISQUOTED, [00:10:01] BUT, BUT THE CUES FROM THE MEMO DATED JANUARY 25TH, SO THAT THE MAC THAT 95TH PERCENTILE TWO IS SEVEN VEHICLES. AND THE AVERAGE QUEUE IS THIS WAS IN STANTEC'S MEMOS. WHAT'S THAT BASED ON THE AVERAGE DUNKIN DONUTS LINE, OR CAN YOU REPEAT THE QUESTION? WHAT IS THAT, UH, AVERAGE THREE, BASED ON THE AVERAGE FOR EVERY DUNKIN DONUT OR THAT LOCATION THAT'S FOR THIS SPECIFIC SITE AND THE TRAFFIC COUNTS THAT WERE COLLECTED FOR THE TRAFFIC ON THE MAIN LINE, THE GAPS THAT WOULD BE AVAILABLE BASED ON THE MODELING, THE AVERAGE DEPARTURE RATE, UM, YOU KNOW, FOR THIS STUDY SORT OF STATE OF THE INDUSTRY BASED ON ANALYSIS FOR THAT ROAD. OKAY. SO THEN WHAT I'M READING IS INACCURATE, IS THAT CORRECT? IT SOUNDS LIKE, IT SOUNDS LIKE YOU'VE GOT AN OLD VERSION. I DON'T, UH, DECEMBER 22ND, 2021, DECEMBER THE 22ND, 2021, JOHN, THE MOST RECENT IS JANUARY 25TH, 2022. THERE'S A MEMO FROM STUART DAY TO MR. MERCHANT. OH, OKAY. SO THIS WAS ONE IN THE PACKAGE. IT WAS. THANK YOU. SO I SEE THAT NOW. THANK YOU. SORRY. NO PROBLEM. ANY MORE QUESTIONS FOR MR TRACKS? THANK YOU, MR. CHAIRMAN. THIS IS NOT A NEED DEAL WE NEED HERE FROM THE COUNTY. OKAY, WELL, UM, I THINK THE WHOLE REASON THAT THIS PROJECT IS BEFORE THAT'S ALL BEEN SUMMARIZED. UM, SO BASICALLY WE RECEIVED A TIA FROM, YOU KNOW, PREPARED BY STANTEC ON BEHALF OF, UH, GRANT AND TRASK. AND SO WE HIRED, UH, ELL ENGINEERING TO REVIEW THE TIA. AND SO YOU RECEIVED THAT LETTER, WHICH WAS HER REVIEW. AND I WANTED TO CLARIFY A FEW THINGS. ONE IS THAT THAT TIAA IS BASED ON THERE BEING TWO EXIT LANES. SO, YOU KNOW, THAT THIS REALLY NEEDS TO BE UPDATED BECAUSE TIA IS NOT BASED ON THE PLAN THAT YOU'VE SEEN. IT'S BASED ON A REVISED PLAN THAT WE HAVEN'T SEEN THAT WOULD HAVE TO EXIT LANES. SO THAT QUEUING YOU'RE TALKING ABOUT LEASING THE SITE WOULD BE ONCE THEY DO HAVE SIBLINGS. UM, AND SO OUR CONCERN IS STAFF, YOU KNOW, WOULD BE THAT THIS PLAN DID, THAT CAN BE DONE. THAT THERE'S ENOUGH ROOM ON THE SITE TO SHOW THE EXIT LANES. AND THEN ALSO IF THE QUEUING THAT IS NECESSARY TO LEAVE THE SITE, WOULD THERE BE ENOUGH LENGTH IN BOTH OF THOSE LANES TO HAVE THAT QUEUING AND THEN ALSO HOW THAT WOULD IMPACT PARKING? SO OUR RECOMMENDATION THAT I'D ALSO, I THINK JENNIFER CAN SPEAK A LITTLE BIT TO SOME OF THE DETAILS, BUT I WOULD JUST SAY IN SUMMARY THAT OUR RECOMMENDATION WOULD BE THAT THIS REVISED PLAN, WHETHER IT GOES TO THE SRT, OR IT COMES BACK TO THE CPLA, WHICH SHOW KIND OF HOW THOSE CARS WOULD CUE LEAVING THE SITE AND HOW THAT WOULD IMPACT THE PARKING, THE CHAIR DEVELOPMENT, BECAUSE THERE'S THIS CONCERN THAT MAYBE DURING THESE PEAK HOURS, THERE MIGHT BE SOME INTERNAL CONGESTION AND WE'RE CONCERNED THAT THAT MIGHT HAVE AN IMPACT OFFSITE. SO WE JUST WANT TO MAKE SURE THAT THOSE THINGS ARE RESOLVED WITH THE PLANTERS. UM, AND JENNIFER, I DON'T KNOW IF YOU WANT TO SPEAK TO THIS ISSUE OF WEE 50TH PERCENTILE VERSUS 95TH. AND THIS HAS TO DO WITH THE DIFFERENCE BETWEEN WHETHER IT'S SEVEN CARS OR THREE CARS, BECAUSE, UM, ALL RIGHT. HI, CAN YOU REVEAL WHAT THE ENGINEERING ROB AND MR. TRASK CAN KIND OF SUMMARIZE AND SORT OF SUMMARIZE SOME OF THE ITEMS, UM, THE, THE, THE 50TH PERCENTILE 95TH PERCENTILE THAT HAVE BEEN QUOTED THE 50TH PERCENTILE AVERAGE. SO OVER, OVER THE PEAK HOUR, WE, IN THIS CASE IS THAT WE CAN GO INTO MORE DETAIL ON THE DETAILS ON THAT, BUT THE AVERAGE IS BASICALLY WHAT ON DURING THAT PEAK HOUR. SO IT COULD BE, IS GOING TO BE LESS, IT'S GOING TO BE MORE, IT AVERAGES OUT TO THREE. WHAT THE MAXIMUM QUEUE IS, IS, IS AS PER SOMETIME DURING THE PEAK HOUR, [00:15:01] YOU WILL HAVE APPROXIMATELY SEVEN VEHICLES. AND SO WHAT THE, WHAT ROD WAS MENTIONING WAS, UM, YOU KNOW, THAT SEVEN VEHICLE Q WILL HAPPEN AT SOME POINT. UM, AND THEN HOW DOES THAT AFFECT THE INTERNAL CONGESTION OF THE SITE? UM, YOU KNOW, HOW DOES IT WORK WITH FOLKS ENTERING AND THE PARKING AND EVERYTHING, AND THAT, THAT'S THE CONCERN FROM THE COUNTY STANDPOINT, AND THEN LAYING THAT OUT ON THE NEW SITE PLAN ON JUST SO THAT YOU CAN GET VISUAL OF WHAT THAT COULD POTENTIALLY LOOK LIKE ON AN AVERAGE CONDITION, AND THEN THIS MAXIMUM CONDITION AS WELL. WE HAVE A QUESTION, A CONCERN THAT I HAVE IS TURNING LEFT FROM THERE. THAT, THAT JUST SEEMS DIFFICULT TO ME AND HAVE NO, ONE'S REALLY MENTIONED THAT AT ALL. AND THEY DISCUSSED THE, IF THAT'S GOING TO BE A BACKUP OR A DIFFICULTY OR STUART, IS THAT SOMETHING THAT YOU CAN ANSWER RELATED TO YOUR ANALYSIS? SORRY, I CAN'T REALLY HEAR JENNIFER, IF YOU WERE ASKING ME A QUESTION, SHE, UH, SHE HAD ASKED WHAT WE, UH, THE CONCERN THAT SHE HAS IS RELATED TO THE LEFT TURNS OUT OF THE SITE. AND, UM, CAN YOU SPEAK A LITTLE BIT ABOUT HOW THAT WAS HANDLED IN THE ANALYSIS AND HOW THAT, HOW THE LEVEL OF SERVICING HMM, THE WAY THE PAMPERS AND THE ANALYSIS IS? WE JUST DID IT AS A STANDARD LEFT TURN. WE DID NOT DO ANY SORT OF TWO-STAGE GAP ACCEPTANCE FOR VEHICLES FORGE IN THE MEDIA. AND SO THEY WOULD HAVE TO HAVE A GAP FOR BOTH DIRECTIONS AND TRAVEL, AND THAT'S WHY THAT CUE EXISTS FOR THE LEFT TERM. UM, THAT'S, THAT'S LONGER THAN THE AM. COULD YOU JUST USED THEM TWO LANES OUT IN THE, SO, SO THE ANALYSIS IS THE LEFT SIDE. I UNDERSTAND THAT HAVING A SEPARATE ONE, BUT I MEAN, HOW LONG IS IT GOING TO TAKE EACH CAR TO HAVE THAT CLEARANCE FROM BOTH LANES? UM, I'D HAVE TO GO INTO THE DEEP END OF THE REPORT IN THE APPENDIX TO FIND THAT ANSWER. UM, I GUESS, I MEAN THAT THAT'S GOING TO BE A SIGNIFICANT DELAY TURNING LEFT, UM, AND THAT'S WHY WE PROJECTED MORE CARS TURNING, RIGHT. IS HE STILL LOOKING FOR INFORMATION WHILE HE'S DOING THAT? MAY I RESPOND, UM, EVERY SINGLE, UH, TRACK SIZE ALONG ALONG THAT PLEASE, EVERY SINGLE ENTERPRISE ALONG THAT ROAD, WE'RE A LEFT TURNOUT. SO, UM, I APPRECIATE THE CONCERN ABOUT THIS PARTICULAR SITE AND IT IS GETTING A LOT OF SCRUTINY, UM, BUT EVERY SINGLE ENTERPRISE ALONG THAT ROAD, INCLUDING JUST OPPOSITE, UM, HAS THE SAME SITUATION. SO I, I APPRECIATE THE QUESTION, BUT I DON'T, I DON'T KNOW IF THIS IS PARTICULARLY UNIQUE TO THIS SITE. IT'S NOT EVERY SINGLE ENTERPRISE HAS THAT ISSUE. UM, I'M SORRY, I HAVEN'T GOT THAT. IT WOULD BE OVER 300 SECONDS. UM, MAY I ALSO JUST ADD ONE MORE THING? I'M SORRY. THE S C D O T OF COURSE HAS EVALUATED THIS. UM, SO THEY ARE, UM, I THINK THE OTHER POINT ABOUT THE IMPACT THAT THE INTERNAL, UM, UH, UH, TRAFFIC OR INTERNAL PARKING WOULD HAVE ON THE EXTERNAL, UH, ROAD IS, IS RED HERRING. THE S C D O T HAS ALREADY ADDRESSED THAT AND SAID THAT THERE'S NO NEED FOR ANY EXTERNAL MITIGATION. SO IT REALLY BECOMES AN ISSUE OF WANTING TO OPTIMIZE THE INTERNAL FLOW. AND I WILL SAY THAT ANYTHING IS POSSIBLE, BUT IF YOU BUILD EVERYTHING TO THE 99TH PERCENTILE, WHICH LASTS FOR THREE MINUTES IN A DAY, UM, YOU'RE BASICALLY, UH, TARMACKING OVER THE ENTIRE LOT TO ALLOW FOR ALL THESE THINGS. SO THE MORE YOU ASK FOR THE BIGGER IT GETS AND THE BIGGER IT GETS AND THE BIGGER IT GETS JUST TO KEEP IN MIND, [00:20:09] I'M STILL WAITING FOR. YEAH. UH, I THINK HE WAS RETRIEVING SOME INFORMATION FOR US. YES. I SAID THE DELAY FOR THE LEFT TURTLE WOULD BE OVER 300 SECONDS. I'M TRYING TO UNDERSTAND 300 SECONDS. I THINK HE SAID FIVE MINUTES. ALRIGHT. SO ANY MORE QUESTIONS FOR ANYONE? UH, YES, SIR. HAVE A QUESTION FOR THE COUNTY. IF I MAY, I UNDERSTAND THE CONCERN ON THIS LEFT TURN LANE, BUT AGAIN, I HAVE TO ASK WHEN THAT ROAD IS REDONE, IS IT GOING TO BE LIKE A LOT OF THE ROADS IN BOOPER WHERE WE'VE ELIMINATED? LEFT-HAND TURNS THAT YOU ONLY CAN MAKE A RIGHT TURN, THEN YOU GOT TO GO UP AND MAKE A U-TURN TO COME BACK. YOU DON'T KNOW THAT YET FOR SEATTLE AND PARKWAY, YOU KNOW, THAT STUDY, THAT WORK HAS NOT YET BEEN DONE FOR THAT AREA. ANYONE ELSE? THANK YOU. ALL RIGHT. WELL, LET'S CLOSE THIS PART OF THE MEETING. WE'RE GOING TO OPEN UP FOR PUBLIC COMMENTS. UM, MR. MIKE, THERE YOU GO. OH, HE'S NOT SIX AND SEVEN. YEAH. UH, I SPOKE AT THE LAST MEETING REGARDING THE, UH, UH, THE USE OF THIS PROPERTY. AND WE WERE WAITING ON THIS TRAFFIC IMPACT ANALYSIS, I GUESS W WHAT I HAVE HEARD TONIGHT ABOUT THESE ANALYSIS THAT WAS DONE IS ALL SPECULATIVE. YOU KNOW, WE'RE TALKING ABOUT PERCENTILES, UH, SPEED TIMING AT DIFFERENT TIMES AND ALL, AND WE REALLY DO NOT NEED TO SPECULATE BECAUSE WE HAVE THE SAME EXACT USE. THE SPEEDING PROPOSED THERE JUST A FEW MILES DOWN THE ROAD ON THE SAME, ON THE SAME ROAD, HIGHWAY 21, A DUNKIN DONUTS. AND AS I MENTIONED, LAST TIME, WE CAN ALL DO OUR OWN PRIVATE TRAFFIC IMPACT ANALYSIS, NOTHING SPECULATIVE. THIS IS WHAT IS HAPPENING NOW IN OUR CITY WITH THE SAME BUSINESS ON THE SAME ROAD, THE ONLY DIFFERENCE BEING THE ONE, THE, THE, THE EXISTING, UH, DUNKIN DONUTS IS ON HIGHWAY 21, WHERE IT HAS TWO LANES GOING EACH DIRECTION. A TOTAL OF FOUR LANES. THIS PROPOSED UNIT IS GOING TO BE WHERE THERE'S ONLY ONE LANE OF TRAFFIC GOING EACH WAY. ALL ANYBODY HAS TO DO WITH NO SPECULATION IS TO GO AT ANYTIME 7 30, 8 O'CLOCK AT ANY TIME DURING THE WEEK, AND SEE THE IMPACT THAT IS HAVING ON THE SAME ROAD WITH THE SAME BUSINESS IN THE SAME TOWN. IT'S BACKED UP THE TRAFFIC ON ONE OF THE LANES GOING WEST. WHEN THERE'S TWO LANES GOING WEST ON THE PROPOSED, IT'S GOING TO BE ONE LANE GOING WEST. AND IT'S GOING TO BACKTRACK UP ON THAT. THIS IS NO SPECULATION. WE'RE NOT TALKING ABOUT PERCENTILES AND TIMING AND ALL THAT. WE HAVEN'T ALREADY JUST, PLEASE GO LOOK AT THAT. IT'S YOU CAN SEE WHAT A NIGHTMARE IT IS CREATED THERE. HAVE ANY OF YOU DONE THAT SINCE I WAS HERE LAST TIME, WE'VE LOOKED AT IT. YOU RETRACT, WE TRAVELED THROUGH THE ROAD. WHEN I'M TALKING ABOUT ME, I TRAVELED TO THE ROAD. SO AM I EXAGGERATING? WE HEAR YOU USED DURING THE PUBLIC COMMENT. WE HEAR WHAT YOU'RE SAYING. WE TAKE NOTES OFF, UH, WITH YOU, YOUR COMMENT THAT WE MADE, BUT I UNDERSTAND WHAT YOU'RE SAYING. I HEAR WHAT YOU'RE SAYING. OKAY. WELL, I'M GLAD TO HEAR THAT SOME OF Y'ALL DID LOOK AT THAT BECAUSE AGAIN, THESE TRAFFIC IMPACT ANALYSIS, THIS IS ALL SPECULATIVE. WHAT WE'RE SEEING WITH OUR OWN EYES IS NOT SPECULATIVE. THIS ONE OUT WORK IS GOING TO BE, IT'S GOING TO BE TWICE. THE IMPACT IS GOING TO BE TWICE AS NEGATIVE ON THE PROPOSED SITE, THAT IT IS ON THE EXISTING SITE WHERE THE EXISTING DUNKIN DONUTS [00:25:01] IS. I MEAN, HOW CAN YOU REASONABLY EVEN QUESTION THAT? THANK YOU, SIR. AND IS THERE ANY QUESTIONS? YES, SIR. THANK YOU. THANK YOU FOR YOUR TIME. UM, AND IT BAKES BAKERS. HELLO, AND THANK YOU. MY NAME IS ANNETTE BAKER. UH, WE'RE NEW HERE IN BUFORD. WE'RE LIVING AT 4,200 SAGE DRIVE IN OYSTER BLUFF. WHILE WE BUILD OUR HOME IN CELADON, WE CAME HERE BECAUSE WE WERE TAKEN BY THE CHARM OF BEEF AND THE LOW COUNTRY IT'S FRIENDLY. PEOPLE B ALSO CAME HERE TO ESCAPE TRAFFIC. I AM OPPOSED TO THE SPECIAL USE PERMIT REQUEST FOR THE DRIVE-THROUGH FAST FOOD, ITS UNIQUE SETUP. AND, UH, HERE'S WHY I WANTED TO LEARN ABOUT OUR AREA. SO I READ THE 2018 LADY'S ISLAND PLAN AND NOTED ITS GOALS OF CREATING A WALKABLE, UH, ISLAND VILLAGE CENTER, STRENGTHENING OUR NEIGHBORHOODS, MANAGING CONGESTION AND IMPROVING BICYCLE AND PEDESTRIAN SYSTEMS AMONG MANY OTHERS. THESE ARE VERY DESIRABLE COMMUNITY ATTRIBUTES. AND THEN SO GLAD I'M HERE BECAUSE TO FOLLOW THROUGH ON THESE, THIS BOARD HAS THE POWER AND THE RESPONSIBILITY TO MAKE THESE GOALS A REALITY. AND I THINK THAT DRY, THAT VOTING FOR THIS FAST FOOD DRIVE THROUGH AND ITS UNIQUE FORMAT FOR SPECIAL USE PERMIT DOES NOT PROMOTE THESE GOALS. I ALSO REVIEWED THE AUGUST, 2017 LONG LADIES ISLAND CORRIDOR STUDY THE TRAFFIC STUDY AND ON PAGE 10, IN FIGURE 2.4, THERE A PHOTO OF THE EXACT INTERSECTION WHERE BILL'S LIQUOR AND GRAY CO ENTRANCES, THAT WILL BE RIGHT ACROSS THE STREET FROM THIS NEW PROPOSED UNIT THAT IS ACTUALLY DEPICTING RIGHT ANGLE CO UH, COLLISIONS NOTED AS THE SECOND MOST FREQUENT TYPE OF CRUSHES. THE REPORT SPECIFICALLY NOTES AT DRIVEWAY LOCATIONS AND UNSAFE ANALYZED INTERSECTION ANGLED COLLISIONS ARE EXPERIENCED MORE FREQUENTLY BECAUSE OF THE TURNING VEHICLES ALONG HIGH VOLUME ROADS. I THINK THIS IS A REALLY IMPORTANT ITEM TO NOTE IN THE FOLLOWUP STUDY, LADIES ISLAND, TRAFFIC STUDY, 2021, THEY UPDATE THE COLLISION DATA TO INCLUDE 2012 THROUGH 2019, NOTING 376 ANGLE COLLISIONS WITHIN THOSE PROJECT LIMITS. THAT'S 376 REAL PEOPLE HAVING A REALLY BAD DAY WE'RE IMPACTING REAL LIVES. IT SEEMS TO ME THAT ADDING A FAST-FOOD UNIQUE FORMAT THROUGH WITH ONE ENTRY AND EXIT POSSIBLY TO BE REVISED, COULD REALLY EXACERBATE A CURRENT PROBLEM AND WOULDN'T HELP SOLVE A PROBLEM. IT CERTAINLY WON'T IMPROVE THE WALKABILITY GOALS OR HELP CREATE THE VILLAGE FEEL. AND I WOULD MUCH RATHER ATTEND, UH, AND SOLICIT AND, UH, UH, PARTICIPATE IN A LOCAL BUSINESS AT A COFFEE SHOP WHERE I CAN SIT AND TALK TO MY FRIENDS. THAT'S MUCH MORE ENJOYABLE THAN RUNNING THROUGH AND GRABBING SOMETHING AND MOVING ON. THAT'S HOW I HOPE TO MEET MORE OF MY NEW NEIGHBORS. THIS BOARD HAS RESPONSIBILITY TO LOOK AT THE LADY'S ISLAND COMPREHENSIVE PLAN AND APPLY ALL THE CRITERIA WHEN REVIEWING ONE SPECIFIC SPECIAL USE PERMIT. THIS IS AN OPPORTUNITY TO CONTROL, TO NOT CONTRIBUTE TO CONGESTION AND POTENTIAL TRAFFIC ACCIDENTS WILL BE INTERESTING TO SEE THE REVISED PLAN AND SEE IF IT HAS THAT MUCH IMPACT. UH, I THINK IT'S A PRETTY UNIQUE FORMAT FOR A FAST FOOD DRIVE-THROUGH WITH IT'S FIGURE EIGHT CONFIGURATION IN THE BACK, NOT EVEN GOING TO ADDRESS THE POTENTIAL CONCERNS WITHIN THEIR OWN PROPERTY, BUT WITH THESE CONCERNS, I WOULD URGE THE BOARD TO AT A MINIMUM POSTPONE THIS EVENT AND, UH, IDEALLY OPPOSE THE SPECIAL USE PERMIT ALTOGETHER. THANK YOU FOR YOUR TIME. THANK YOU. UM, BEFORE WE MOVE FORWARD, I'D JUST LIKE TO SAY THIS. I MAY NOT HAVE SAID IT IN THE BEGINNING, BUT UH, THOSE WHO WANT TO SPEAK, YOU HAVE UP TO THREE MINUTES. I JUST WANTED TO LET YOU GUYS KNOW THAT, UM, MS. VICKY, UH, MA BECKY BY, IS SHE HERE? I THINK SHE IS GERMAN. I THINK, [00:30:11] UM, I WAS JUST NOTIFIED THAT THE MAYOR IS HERE WHO WOULD LIKE TO PROVIDE COMMENT AS WELL. SO WOULD HE BE ABLE TO COME FIRST BEFORE ME? YES. OH, WAIT. OKAY. MY NAME IS VICKI MCGEE AND I LIVE IN NEW POINT AND I HAVE LIVED IN BUFORD COUNTY FOR ONE YEAR. THANK YOU SO MUCH FOR LETTING ME SPEAK. YOU SOMETIMES HEAR THAT EVERYTHING IN LIFE GOES BACK TO THE BASICS. ESSENTIALLY AT SOME TIME WE ALL WANT TO GO BACK TO THE FUNDAMENTALS TO RE-EXAMINE. HOW DO WE GET TO A CERTAIN POINT? YOU'VE ALL DISCUSSED THE SPECIAL USE PERMIT REQUEST, AND SOME WERE READY TO TURN THIS REQUEST DOWN LAST MONTH, BUT YET WE ARE STILL HERE WITH LITTLE ADDITIONAL NEW INFORMATION AND NO REAL CHANGES TO THE INITIAL 2021 PROPOSAL. SO NOW WE NEED TO ASK OURSELVES, ISN'T IT JUST SIMPLER AND CLEARER TO GET BACK TO THE BASICS. THE BASICS INCLUDE THE STRAIGHTFORWARD SPECIAL USE PERMIT REGULATION. IT STATES THE APPLICANT MUST DEMONSTRATE THAT THEIR DEVELOPMENT IS DESIGNED TO MINIMIZE ADVERSE IMPACTS ON THE ENVIRONMENT, TRAFFIC AND CONGESTION. BUT WE KNOW CLEARLY THIS IS NOT THE CASE FOR THIS DEVELOPMENT. THE TRAFFIC STUDY STATES AT SEA ISLAND PARKWAY IN SAM'S POINT ROAD ALREADY EXPERIENCED UNDESIRABLE DELAYS. AND WE KNOW THE ESTABLISHMENT IS GOING TO BRING IN MORE TRAFFIC, A 2016 STUDY BY THE QUICK SERVICE AND CASUAL RESTAURANT NEWS FOUND THAT SALES, SALES VOLUME AND DUNKIN DONUTS WITH DRIVE-THRU SKYROCKET. THERE IS NO MENTION THAT IT'S SLIGHTLY INCREASED TRAFFIC. IT IS NO MENTION THAT MAYBE YOU SHOULD DO A DRIVE-THROUGH BECAUSE IT WILL POSSIBLY HELP YOUR BUSINESS. NO, THEY USE THE WORD SKYROCKET. IT ALSO STATES THAT DUNKIN DONUTS WITH DRIVE HAVE 23% HIGHER SALES VOLUMES THAN OTHER TRADITIONAL LOCATIONS AND THE SENIOR VICE PRESIDENT OF OPERATIONS FOR DUNKIN STATED THAT IT WAS MOST IMPORTANT TO THEM. NOT EVEN THE MENU ITEMS DISTURB THEIR SPEED OF SERVICE AT THE DRIVE-THROUGH. SO THE BOTTOM LINE IS THEIR GOAL IS TO GET AS MANY CUSTOMERS IN AND QUICKLY OUT AS POSSIBLE. THE TRAFFIC STUDY ALSO STATES THAT CARS GOING WESTBOUND ON CLM PARKWAY OR ACTIVELY TRANSITIONING FROM TWO LANES TO ONE LANE DIRECTLY AT THE ENTRANCE AND THE EXIT DRIVEWAY. AND AT THIS RIGHT LANE, WE'LL BE COMING TO THE FACTO TURN LANE FOR THE ESTABLISHMENT YET. OFTENTIMES DRIVERS STILL NEED THAT ENTIRE WESTBOUND LANE TO TRANSITION TO ONE LANE. SO IF WE GET BACK TO THE BASICS, WE HAVE TO ASK OURSELVES, WHY WOULD THE ZONING BOARD CONSIDER AN ESTABLISHMENT, WHICH DOES NOT COMPLY WITH THE SPECIAL USE PERMIT REGULATIONS? THE PROPOSAL DOES NOT COMPLY WITH THE LADY'S ISLAND PLAN OF 2018. EITHER THAT PLAN IS TO CREATE A WALKABLE LADY'S ISLAND CENTER, STRENGTHEN NEIGHBORHOODS, MANAGE TRAFFIC CONGESTION AND IMPROVE BICYCLE AND PEDESTRIAN SYSTEM. IT ALSO DOES NOT COMPLY WITH THE NEWLY FOUNDED BEAUTIFUL BUFORD ALLIANCE THAT IS DEDICATED TO PRESERVING AND HONORING THE UNIQUENESS OF BUFORD. ONE OF THE FUNERAL REMAINING TOWNS ALONG THE COAST THAT HAS NOT BEEN DESTROYED BY RAMPANT DEVELOPMENT. ONE OF THE FOUNDING MEMBERS OF THIS MUCH NEEDED ORGANIZATION IS GRAHAM TRASK. ONE OF THEIR KEY ISSUES IS TO ENSURE THAT NO MORE TRAFFIC IS DUMPED ON WOODS MEMORIAL BRIDGE ONTO CARTERET AND BAY STREET, BUT WITH INCREASED TRAFFIC FOR THIS ESTABLISHMENT, IT'S GOING TO RESULT IN MORE TRAFFIC BEING DUMPED ON BAY STREET. IN CLOSING, I'D LIKE TO USE VERY SIMILAR LANGUAGE AS YOU USED BY GRAHAM TRASK AND HIS PAID ADVERTISEMENT IN THE BUFORD PAPER. THIS PROPOSAL COMES TO FRUITION WITH THE PASSAGE OF TIME. LADIES ISLAND WILL BECOME FILLED WITH NATIONAL CHAIN STORES AS REPLACEMENTS TO LOCAL OWNERSHIP. PLEASE USE THE POWERS OF THE ZONING BOARD OF APPEALS TO STOP THIS PROJECT AND PRESERVE THE UNIQUE TREASURE THAT IS LADY'S ISLAND, OR SIMPLY PUT IT'S TIME TO GET BACK TO THE BASICS. THANK YOU VERY MUCH. ANY QUESTIONS, CHUCK NEWTON? YOU LET US KNOW WHEN YOU'RE TIRED OF SEEING THIS BY THE WAY. UM, THANK YOU. UM, I JUST WANT TO UNDERSCORE THE FACT THAT WHILE THIS DISCUSSION IS LARGELY ABOUT TRAFFIC, THIS TIME, THERE ARE FOUR STANDARDS THAT HAVE TO BE MET IN THE, UH, IN THE CODE WHO, UM, PERMIT A SPECIAL USE PERMIT, THE APPROVAL OF THE SPECIAL USE PERMIT. WE SHOULDN'T LOSE SIGHT OF THAT. THAT BEING SAID, UM, UH, WE ARE DEALING WITH TRAFFIC AND MAC ON DECEMBER 16TH WHEN THIS GROUP MET PREVIOUSLY, UH, THERE WERE THREE OF YOU, THREE OF THE GROUP AT THAT TIME, VOTED TO DENY A SPECIAL USE PERMIT REQUESTED AN APPLICATION. [00:35:01] UM, HALF OF THE COMMISSIONERS SEEMED TO AGREE THAT THE APPLICATION DID NOT MEET ANY OF THOSE ALL OR MOST OF THOSE PUBLISHED STANDARDS AND CONDITIONS FOR APPROVAL, BUT ON REQUEST BY ONE COMMISSIONER, THIS VOTE WAS VACATED AND THE BOARD AGREED TO POSTPONE A DECISION. JOINING SATISFACTORY TRAFFIC ANALYSIS HAD BEEN PREPARED AND SUBMITTED. THIS ANALYSIS IS NOW IN HAND, AND IT'S BEEN REVIEWED BY AN INDEPENDENT ENGINEERING CONSULT. IT CHANGES NOTHING. THIS 40 PAGE DOCUMENT HOLDS PAGES AND PAGES OF TRAFFIC COUNTS AND THE LIKE, BUT IT FUNDAMENTALLY CONCLUDES A TRAFFIC CONGESTION ALONG THE CLN PARKWAY IS BAD AND NOT GETTING ANY BETTER IN A STRETCH OF SALEM PARKWAY THAT HAS FIVE SIGNIFICANT INTERSECTIONS. FOUR ARE CURRENTLY RATED DE LOS OF SERVICE AND TWO OF THOSE LOSS OF SERVICE F BUT AS THE REPORT SAID, AND I QUOTE, WE SHOULD, WELL, WE SHOULD BE COMFORTED BY THIS NEW DRIVE IN RESTAURANTS DEPENDENT ENTIRELY ON VEHICLE. TRAFFIC WILL NOT MAKE MATTERS WORSE. THIS IS THE SAME TIME WE'RE SPENDING $30 MILLION TRYING TO IMPROVE TRAFFIC ON LADY'S ISLAND, NOT MAKE IT WORSE. THE REPORT SUMMARY SUMMARY RELATES TO TWO INTERSECTIONS, ANALYZED TWO OF THE FIVE CURRENTLY EXPERIENCE AND IS PROJECTED TO CONTINUE TO EXPERIENCE UNDESIRABLE DELAY IN THE AM PEAK HOUR WITH OR WITHOUT 1 31 SEATTLE AND PARKWAY DEVELOPMENT IN ONE BREATH, IT RECOMMENDS NO IMPROVEMENT TO MITIGATE THIS DELAY. AND IN THE OTHER BREATH, IT RECOMMENDS A DEDICATED LEFT TURN LANE SHARED THROUGH SLASH RIGHT TURN LANE AT THE APPROACH AND AN EXCLUSIVE EASTBOUND TURN LANE ONTO THE PARKWAY FROM THE PROJECT ALSO BENEFIT A SINGLE BUSINESS AND QUALIFY THIS APPLICATION FOR A SPECIAL USE PERMIT MAKES LITTLE SENSE. FURTHERMORE, THE ANALYSIS IS COMPLETE BASED ON PLANS NOW UNDER DESIGNED BY THE COUNTY, UH, THEY LOOKED AT A, AT A, UH, POST BUILD TIMELINE, 2024 ON THIS, THERE ARE GOING TO BE CHANGES TO THE PARKWAY. UM, MANY OF WHICH WE EXPECT TO SEE STARTED BY 2024. ONE IMPORTANT CHANGE THAT THE STUDY DID NOT TAKE INTO ACCOUNT IS THE LIKELY RELOCATION OF THE TRAFFIC SIGNAL BUFORD HIGH SCHOOL TO YEOMANS DRIVE 200 FEET WEST OF WHERE THIS PROJECT IS SO PROPOSED. BY THE TIME THE RESTAURANT OPENS EXISTING WESTBOUND TRAFFIC WILL ENTER THE PARKWAY AND BE FORCED TO CLIMB INTO THE QUEUE AT A NEW TRAFFIC LIGHT IN THE LOBBY ALONE. BUT ACCORDING TO THIS TRAFFIC STUDY, THERE'LL BE ACCOMPANIED BY ANOTHER 1054 VEHICLES HOURLY AT THE AM PEAK, CREATING ADDITIONAL CONGESTION AND CONTRIBUTING TO AN ALREADY DIFFICULT TRAFFIC SITUATION. THIS ISSUE HAS NEVER CONSIDERED THIS ANALYSIS, BUT SHOULD HAVE BEEN LOOKED AT AS A POSSIBLE 2024 BUILDING CONDITION. SO IT'S USEFUL TO HAVE A TRAFFIC ANALYSIS, BUT AS I SAID, IT CHANGES NOTHING. THIS NEW DRIVE SHOE COFFEE SHOP WILL CREATE ADDITIONAL TRAFFIC PROBLEMS, BUT THAT IS NOT THE ONLY BASIS FOR THE DENIAL BE APPLICATION ONE OF THE FOUR STANDARDS FOR A SPECIAL USE PERMIT, WHICH THE ZBA HAS TASKED WITH ENFORCING IS MINIMIZATION OF ADVERSE IMPACTS ON TRAFFIC AND CONGESTION JUST DESCRIBED AS APPLICATION CLEARLY FAILS. IN FACT, THE DRIVE-THROUGH BUSINESS IS BUILT AROUND INCREASING TRAFFIC. THE FACILITY IS BUILT AROUND, UH, INCREASING TRAFFIC TO THE POINT THAT 70% OF ITS REVENUE COMES THROUGH THE DRIVE-THROUGH WINDOW. THIS IS NOT A NORMAL RETAIL ESTABLISHMENT. THERE IS NO MINIMIZATION OF ADVERSE TRAFFIC IMPACTS AND CONGESTION HERE, BUT JUST THE OPPOSITE. THESE ARE GROUNDS FOR DENIAL. THE CBO IS FURTHER EMPOWERED TO SET CONDITIONS FOR APPROVAL OF A SPECIAL USE PERMIT. ONE OF THEM BEING THE, UH, TO ENSURE THE PROVISIONS OF THE COMP PLAN, UH, AND THE COMMUNITY DEVELOPMENT CODE ARE MET, GIVEN THE FOCUS ON TRAFFIC MINIMIZATION AND TRAFFIC MANAGEMENT AND CREATION OF A WALKABLE PEDESTRIAN ENVIRONMENT IN THE LADY'S ISLAND PLAN, WHICH IS PART OF THE COMP PLAN. THIS APPLICATION FAILS THIS TEST AS WELL, GROUNDS FOR DENIAL, A FIFTH CONDITION PREVENTION OF MINT OR MINIMIZATION OF ADVERSE EFFECTS ON THE PUBLIC HEALTH. SAFETY AND WELFARE ALSO CANNOT BE MET IN A RECENT THREE-YEAR PERIOD. THERE WERE 541 VEHICLE ACCIDENTS ALONG THIS PORTION OF THE SEATTLE AND PARKWAY, 78% OF WHICH WERE REAR END ANGLED COLLISIONS. THAT'S ABOUT IF YOU DO THE MEN, ROUGHLY DOING THE MATH AND THAT'S ABOUT ONE EVERY THREE DAYS, THIS NUMBER IS LIKELY TO INCREASE WITH THE APPROVAL OF A DRIVE-THROUGH RESTAURANT. AND IN NO WAY, IS THIS CONTRIBUTING TO COMMUNITY HEALTH, SAFETY, OR WELFARE, JUST THE OPPOSITE GROUNDS FOR DENIAL. WE DON'T OPPOSE DRIVE-THRUS GENERALLY, AND WE HAVE NO IMITATE IMITATE OR DUNKIN DONUTS BY ANY MEANS, BUT NO REASONABLE PERSON COULD CONCLUDE THAT THIS PROJECT AS PROPOSED WILL CONTRIBUTE TO THE BETTERMENT OF LADY'S ISLAND. THIS IS JUST THE WRONG LOCATION FOR THIS TYPE OF ESTABLISHMENT. AND IT [00:40:01] FAILS TO MEET ANY STANDARD BY WHICH IT MIGHT BE APPROVED. I HOPE YOU AGREE. AND WHEN THE TIME COMES, I HOPE YOU AGREE TO VOTE, TO DENY THE SPECIAL USE PERMIT. THANK YOU. THANK YOU. ANY QUESTIONS? UH, DO YOU, DO YOU HAVE PLANS ABOUT HOW THE, THE ROADWAY IS GOING TO BE CONFIGURED IN 2024? WE HAVE A GENERAL IDEA AS WELL, BUT HOW DO YOU EXPECT THE TRAFFIC ENGINEERS TO GUESS ABOUT WHAT THOSE CONDITIONS ARE GOING TO BE AND EXPECT HIM TO GUESS? I EXPECT THEM TO SORT OF TAKE IT INTO ACCOUNT BECAUSE I HAVE THEIR OWN PLANS TO TAKE INTO ACCOUNT. ARE THERE, UM, THERE ARE ROUGH DESIGN PLANS THAT HAVE BEEN GENERALIZED. THERE ARE SEVERAL, SEVERAL OPTIONS. THE ONES THAT ARE BEING LOOKED AT THAT MAY OR MAY NOT EVER COME TO PASS. CORRECT? CORRECT. SO WHAT YOU WOULD, IT SEEMS TO BE YOU'RE ASKING IS THAT THE TRAFFIC ENGINEERS TAKE INTO ACCOUNT THINGS THAT MAY NEVER COME TO PASS. IF WE MADE EVERY DECISION BASED ON THE SITUATION TODAY, WE WOULD FALL BEHIND THE WHEEL EVERY TIME THE COAT, WHICH IS WHAT THE CODE REQUIRES THAT YOU MAKE DECISIONS BASED ON WHAT THERE IS TODAY. WELL, AS I SAID, I DON'T THINK IT'S JUST SIMPLY A TRAFFIC. I MEAN, YOUR, YOUR, THE, THE PLANS HAVE NOT BEEN FULLY DELINEATED DECISIONS ARE YET TO BE MADE. UM, AND WE DON'T KNOW EXACTLY HOW THEY'RE GOING TO END UP, BUT AS I SAID, TROPICS, ONLY ONE OF FIVE OR SIX DIFFERENT ISSUES THAT NEED TO BE TAKEN INTO ACCOUNT BY THIS BOARD. ANY MORE QUESTIONS, MR. MURRAY, THANK YOU, MR. CHAIRMAN MEMBERS OF THE ZBA. THANK YOU FOR ALLOWING ME TO BE HEARD TONIGHT AND THANK YOU FOR THE SERVICE OF IMPORTANT TO DEMOCRACY AND COMMUNITY DEVELOPMENT. I'M THE MAYOR OF THE CITY OF BUFORD. UH, BUT I DO WANT TO DISCLAIM THAT MY COMMENTS TONIGHT ARE MY OWN PERSONAL OPINIONS ARE NOT THE FORMAL POSITION IN THE CITY OF BUFORD OR BUFORD CITY COUNCIL. UM, I PARTICIPATED HEAVILY IN LADY'S ISLAND IMPLEMENTATION PLAN COMMITTEE, UH, SPENT A LOT OF TIME THINKING ABOUT LADY'S ISLAND, UH, AND HOW WE REORGANIZE. UH, WHAT I BELIEVE IS 10 POUNDS OF DEVELOPMENT IN A FIVE POUND BUCKET, ESPECIALLY ALONG THAT, ALONG THAT CORRIDOR. UM, I AM GENERALLY SUPPORTIVE OF MORE RETAIL AND RESTAURANT AND COMMERCIAL DEVELOPMENT ALONG THE CORRIDOR FOR TWO REASONS. ONE, BECAUSE IT HELPS LADIES ON RESIDENTS NOT HAVE TO CROSS A BRIDGE IN ORDER TO GET THEIR DAILY SERVICES. AND ANYONE WHO TRAVELS THROUGH THOSE CORRIDORS ON A REGULAR BASIS UNDERSTANDS THAT BOTH THE MATURE BRIDGE AND ESPECIALLY THE WOODS MEMORIAL BRIDGE DOWNTOWN, UH, IS UNDER STRAIN AT CERTAIN PEAK HOURS OF THE DAY. UH, ADDING ANOTHER BRIDGE IS A VERY COSTLY, UH, BOTH IN TERMS OF DOLLARS AND ENVIRONMENTAL IMPACT AND SOMETHING WE WILL PROBABLY HAVE TO LOOK AT IN THE FUTURE. UH, BUT AT THIS TIME THERE ARE NO PLANTS. UH, I ALSO SELFISHLY AS A GUY WHO LIVES DOWNTOWN BUFORD AND MY BUSINESSES ARE IN BURTON DRIVE THE 21 CORRIDOR. AND AS SEVERAL OTHER SPEAKERS HAVE INDICATED TONIGHT, WE ARE DEALING WITH TWO, UH, NATIONAL COFFEE FRANCHISES AND ONE CHICKEN FRANCHISE, UH, THAT ROUTINELY HAVE MORE THAN 20 CARS STACKED IN THEIR DRIVE-THROUGHS THAT HAVE IMPACTS OF CARS, UH, QUEUING ON HIGHWAY 21. I PERSONALLY CALL POLICE DISPATCH ON DISPATCH ABOUT ONCE A MONTH, UH, TO HAVE OUR OFFICERS COME OUT AND DISCOURAGE FOLKS FROM BLOCKING TRAFFIC, BECAUSE IT IS A SAFETY HAZARD. I RESPECT THE TRAFFIC ENGINEER'S OPINION OF SEVEN CARS. UM, BUT AS AGAIN, AS SOME OF THE OTHER SPEAKERS HAVE POINTED OUT, I'D ASKED THAT MAYBE YOU AT PEAK HOURS SIT BY OUR COUPLE OF EXAMPLES ON THE 21 CORRIDOR. AND FRANKLY, I'M NOT SURE HOW WE'RE GOING TO FIX IT. UH, WE'VE BEEN WORKING WITH THE BUSINESS OWNERS TO TRY TO ENCOURAGE THEM TO EITHER QUEUE FOLKS FASTER OR COME UP WITH OTHER IDEAS. WE'VE USED LAW ENFORCEMENT, WHICH NOBODY LIKES TO WASTE THEIR TIME, UH, OR INCONVENIENCE THE DRIVERS. UH, AND SO WE'RE IN KIND OF A PREDICAMENT ON THIS SIDE. UM, I BELIEVE IF YOU APPROVE THIS SPECIAL USE REQUEST, WE'RE GOING TO HAVE THE SAME ISSUE ON LADY'S ISLAND. UH, NOT ONLY THAT THE SAME ISSUE, BUT I THINK IT WILL BE A MUCH MORE DANGEROUS ISSUE GIVEN A COUPLE OF CONDITIONS. ONE, IF YOU FREQUENT REIKO SHOPPING CENTER OR BILL'S LIQUORS, UH, MAKING A LEFT OR RIGHT TURN OUT OF THAT INTERSECTION NOW, ESPECIALLY AT PEAK HOURS OF THE DAY, YOU TAKE YOUR LIFE INTO YOUR OWN HANDS AND WE ARE SEEING SIGNIFICANT ACCIDENTS IN THAT CORRIDOR. ALSO, IF YOU'RE COMING OFF OF ST. HELENA ISLAND HEADED INTO DOWNTOWN BUFORD, THAT IS RIGHT IN THE MIDDLE OF THE MERGE FROM TWO LANES DOWN TO ONE. SO NOW TAKE, UH, A COFFEE QUEUE STANDING OUT INTO 21. AND SO YOU'RE GONNA HAVE FOLKS RACING FROM THE SEATTLE PARKWAY LIGHT, TRYING TO GET TO THE WOODS BRIDGE, UH, MAYBE HITTING FOLKS, TRYING TO TURN INTO A COFFEE SPOT, WHICH I THINK IS PRONE FOR AN ACCIDENT, OR YOU'RE GOING TO HAVE FOLKS TURNING OUT OF, UH, THE CHAIN TRYING TO MAKE A LEFT TO GO BACK TOWARDS ST. HELENA ISLAND OR OTHER PARTS OF LADY'S ISLAND. I THINK THAT ALSO IS A RECIPE FOR DISASTER. UM, SO I ASKED SINCERELY, WOULD YOU PLEASE DON'T CREATE THE CONDITION THAT WE WORKING VERY DILIGENTLY TO TRY TO FIX WITH NO REAL SOLUTIONS. UH, AND I THINK IF YOU APPROVE THE SPECIAL REQUEST, WE'RE GOING TO HAVE THE SAME ISSUE AND WONDER HOW THAT HAPPENED. AND IT WILL HAPPEN BECAUSE YOU GUYS PROVE THE SPECIAL REQUESTS. I THINK THERE'S A PLACE ON LADY'S ISLAND FOR THIS FRANCHISE. I THINK IT WILL [00:45:01] BE WELCOMED. AND I THINK IT WILL BE HEAVILY, UH, USED. UM, I JUST THINK THIS PARTICULAR SITE IS TRYING TO PUT A SQUARE PEG IN A ROUND HOLE. I APPRECIATE THE HOURS OF DEBATE THAT YOU'VE SPENT ON THIS PROJECT. I ALSO APPRECIATE THAT COUNTY STAFF HAS WORKED VERY DILIGENTLY, I THINK, WITH THE APPLICANT TO TRY TO FIGURE IT OUT, UH, AND TO SUPPORT, UH, PRIVATE SECTOR AND THE PROPERTY OWNER'S RIGHTS. MR. WILLIAMS, AS A PRIVATE PROPERTY OWNER, I WILL SAY, I, UH, SINCERELY APPRECIATE YOUR OBVIOUS BIAS TOWARDS PRIVATE PROPERTY OWNERS AND TRYING TO MAKE SURE THAT THERE IS AN INVESTMENT IN OUR COMMUNITIES. UM, BUT AGAIN, RESPECTFULLY ASK THAT YOU DENY THE SPECIAL EXCEPTION BECAUSE THIS IS JUST A PROBLEM WITH NO SOLUTION. IF YOU DO APPROVE IT AGAIN, THANK YOU FOR ALLOWING ME TO SPEAK AND THANK YOU FOR YOUR SERVICE TO BE FOR COUNTY BIGGEST, SIR. OKAY. IS THERE ANYONE ELSE FOR PUBLIC COMMENT FOR THIS, UH, ITEM NUMBER SIX, THIS TIME WE CLOSED OUR PUBLIC COMMENTS FOR THIS ITEM, NUMBER SIX? UM, I THINK WE, UH, REQUESTING MORE INFORMATION, SO WE WILL BE MOVING THIS OVER TO OUR NEXT MEETING. UM, RIGHT NOW I WOULD LIKE TO SAY SOMETHING, UM, AS I MENTIONED LAST MONTH, THAT I'VE AGREED WITH, UM, SEVERAL OF THE SPEAKERS THAT THIS IS NOT IN KEEPING WITH THE COMPREHENSIVE PLAN. AND PARTICULARLY IF YOU LOOK AT THE COMPREHENSIVE PLAN ON PAGE ONE 15, IT TALKS ABOUT THE LADY'S ISLAND. THE VILLAGE CENTER IS A FOCUS PLANNING AREA, AND THERE'S FIVE PRINCIPLES IN THE FOCUS PLANNING AREA. AND NUMBER TWO IS WE BELIEVE IN ALLOWING LOCAL COMMUNITIES TO DETERMINE THEIR VISION AND TO DEFINE THEIR GROWTH. AND AS WE'VE HEARD TODAY, AND LAST MONTH, THE LOCAL COMMUNITY IS OPPOSED TO THIS USE THIS SPECIAL USE, AND THEY HAVE THE ACCORDING TO OUR COMPREHENSIVE PLAN, WE SHOULD BE LISTENING TO THE LOCAL COMMUNITY FOR THEIR VISION FOR LADY'S ISLAND. THANK YOU. ANYTHING ELSE TO SAY? I WOULD LIKE TO MAKE A MOTION. SO WE ARE, WE GOT REQUESTING MORE INFORMATION AND OKAY. WHATEVER YOU WANT TO DO FOR NEXT MONTH MEETING. OKAY. SO, I MEAN, YOU WANT TO MAKE A MOTION TO MOVE TO START NEXT MONTH MEETING. NO, I WAS GOING TO MAKE A MOTION TO DENY IT THAT WAY. HE WOULDN'T HAVE TO GO TO THE TROUBLE TO, UM, BUT WE CAN WAIT TILL NEXT MONTH. WHAT'D YOU PLEASURE MR. CHAIRMAN? I THINK MS. FRASER IS CERTAINLY ENTITLED TO MAKE HER EMOTIONS. SHE WANTS TO MAKE THEM, I MEAN, YOU CAN MAKE YOUR MOTION. OKAY. I WOULD LIKE THEM TO DENY, MAKE A MOTION TO DENY THE SPECIAL USE PERMIT BASED ON OUR COMPREHENSIVE PLAN. AND THAT ALLOWS OUR LOCAL COMMUNITIES TO DETERMINE THEIR VISION AND TO DIVINE DEFINE THEIR GROWTH. OKAY. AND THERE IS A MOTION ON THE FLOOR, UH, AND IT IS SECOND. SO THIS MOTION IS TO DENY THE SPECIAL USE PERMIT FOR THE DUNKIN DONUT. SO ALL IN FAVOR, IF I MAY, MR. CHAIRMAN GOOGLE DISCUSSION HERE AT FIRST, UM, I APPRECIATE MS. FREDERICK'S POSITION, BUT WE CERTAINLY HAVEN'T HEARD FROM EVERYBODY ON LADY'S ISLAND ABOUT THIS WE'VE HEARD FROM A HANDFUL AND WHILE THEY MAY REPRESENT A MAJORITY, I DON'T KNOW THAT, UH, I DON'T KNOW THAT I'M WILLING TO ACCEPT THE, THE POSITION OF THREE OR FOUR OR FIVE OR SIX LADIES ISLAND RESIDENTS OR PEOPLE WHO AREN'T EVEN LADIES ISLANDS RESIDENTS ABOUT WHAT THEY THINK OUGHT TO GO WITH THIS PROPERTY. UM, RESPOND TO THAT. UM, OUR LADY'S ISLAND PLAN, WHICH WAS WORKED ON OVER NUMEROUS MONTHS, HAD A LARGE INPUT OF LADY ISLAND RESIDENTS. AND THEY SAID, THERE'S NO DUNKIN DONUTS ANYMORE. THEY SAY THE AREA BEENING VILLAGE CENTER OF LADIES ISLAND, WHICH IS WHERE WE'RE TALKING ABOUT IS THE FOCAL POINT OF LADY'S ISLAND. AND NO ONE WANTS TO SEE IT END UP BEING A GENERIC AUTOMOBILE DEPENDENT, SUBURBAN COMMERCIAL STRIP. AND THAT IS IN THE LADY'S ISLAND PLAN. AND THAT IS THE VISION OF THE PEOPLE THAT LIVE ON LADY'S ISLAND. WE HAD SOME HERE TODAY THAT SPOKE TO THAT, BUT THIS IS THE PLAN THAT CAME OUT OF THE PUBLIC MEETINGS ON LADY'S ISLAND. LET'S SAY SOMETHING, MR. CHAIRMAN. YES, SIR. YOU KNOW, I RESPECT EVERYBODY'S OPINION AND I LIVED IN BUFORD SINCE 1970 ON AND OFF, [00:50:01] BUT I'M A COME HERE. I'M NOT A BEEN HERE. I THINK THE ONLY PERSON ON HIS BOARD IT'S BEEN HERE IS THE CHAIRMAN. AND I WOULD THINK MOST PEOPLE IN THAT AUDIENCE ARE COME HERE AND NOT BEEN HERE. I'M NOT HEARING A LOT OF THE BIN HERE IS COMPLAINING ABOUT THIS. ONE OF THE PEOPLE THAT MOVED HERE, THAT'S ALL I GOT TO SAY. OKAY, THANK YOU, SIR. I WOULD LIKE TO ADD THAT WE'VE NOT HEARD FROM ANYONE WHO'S FOR IT. IF THOSE PEOPLE NEED TO COME OUT, YOU SHOULD OPEN THE FLOOR BACK UP. WELL, THE MOTION IS ON THE FLOOR AND WE HAVE ALREADY, YOU KNOW, CLOSE THAT, YOU KNOW, IF YOU WANTED TO SAY SOMETHING THAT WAS THE TIME TO SPEAK IN A PUBLIC COMMENT, UM, YOU KNOW, IT'S A MOTION ON THE FLOOR, UH, AND IT'S BEEN SECOND. SO, UH, I GUESS WE DRAW THE QUESTION ALL IN FAVOR OF DENYING THE SPECIAL USE PERMIT. COULD YOU SIGNIFY IT BY JUST RAISING YOUR RIGHT HAND, THOSE TWO TO DENY AND THREE THAT'S FOUR. SO THEREFORE THE SPECIAL USE HAS BEEN GRANTED. IT'S NOT THE CASE THAT MOTION JUST DIES BECAUSE, AND WE TAKE NO ACTION THERE. IF, IF THE VOTE IS TWO IN FAVOR THREE AGAINST, THEN THE MOTION FAILED, CORRECT? CORRECT. SO THAT MOTION IS CONSIDERED THE FAILED MOTION. MR. CHAIRMAN, I MOVE THAT. WE CARRY THIS MATTER OVER TO OUR NEXT MEETING SO THAT WE HAVE IN FRONT OF US AN ACCURATE SITE PLAN THAT REFLECTS WHAT THE TRAFFIC IMPACT ANALYSIS IS BASED ON. ALL RIGHT. SO WE NOW MOVING TO ITEM, [8. Mr. Shane Olsen is requesting a Special Use Permit to operate a Short Term Rental Use in the T3 Edge Zoning District. Short Term Rentals are allowed in the zoning district as a Special Use. Property is located at 977 Edith Lane and is zoned T3 Edge (T3E).] UH, MR. OLSON, NUMBER SIX, MR. SHANE AUSTIN, AND REQUESTING A SPECIAL USE PERMIT TO OPERATE A SHORT-TERM RENTAL AND A T3 ZONE DISTRICT. MY NAME IS SHANNON WAS THE LAST TWO YEARS. I HAVE OPERATED A SHORT-TERM ROOM AT MY RESIDENCE. I HAVEN'T GUESSED THAT FOR TWO YEARS. I PAID ALL MY ACCOMMODATIONS TAX. I'VE DONE EVERYTHING ABOVE BOARD AND ALL THE LAW AS IT WAS WRITTEN. UM, AS IT WAS INFORMED OF ME, THE LAW WAS CHANGED THIS YEAR, AND YOU'RE GOING TO SEE A LOT OF PEOPLE THAT HAVE SHORT TERM RENTAL STANDING IN FRONT OF YOU IS THE APPROACH NOW IS TO BRING THAT BEFORE THE ZONING BOARD OF APPEALS, UM, IN THE TWO YEARS THAT WE'VE HAD AND OPERATED OUR SHORT TERM RENTAL, UM, WE HAVE NEVER HAD AN INCIDENT WHERE THE POLICE WERE CALLED. WE'VE NEVER HAD A PUBLIC COMPLAINT. UM, WE'VE NEVER HAD ANY ISSUES. WE ACCOMMODATE PARKING UP TO THREE SPOTS. UM, WE'VE NEVER HAD ANYONE HAVE TO PARK ON THE STREET. IT'S NEVER BEEN AN EMPLOYEE. IT STAR NEIGHBORS, UM, THAT I'M AWARE OF AT LEAST, UM, MATTER OF FACT, ONE NEIGHBOR, UH, LIVED. WE HAD IT GOING FOR A YEAR. DIDN'T EVEN KNOW THAT WE HAD A SHORT-TERM RENTAL ONSITE. UM, AND HE NEEDED SOMEONE FOR, FOR SOME MEMBERS TO STAY. AND, UH, HE REACHED OUT TO US WHEN HE FOUND OUT WE HAD ONE IN A WALKER. THIS, I LIKE TO HEAR WHAT YOU'RE SAYING. UM, SO AGAIN, I'VE BEEN OPERATING FOR TWO YEARS AND, UM, UH, NOT HAD ANY ISSUES IN ANY REALM OR PROBLEMS. SO YOU SAID YOU'VE BEEN OPERATING FOR TWO YEARS. WHAT, UH, WHAT TRANSPIRED TO BRING YOU IN HERE TODAY? UM, THE CODE CHANGED? UM, I, I'M NOT SURE WHEN, WHERE, HOW, UM, I WAS NOTIFIED BY LETTER THAT AS OF JANUARY ONE, ANY SHORT-TERM RENTAL KIND OF GOOD, UH, ZONING, THE ONLY SHORT-TERM RENTALS THAT HAVE BEEN ACCOUNTED FOR IN THE COUNTY AND MY UNDERSTANDING AND THE COUNTY COULD SPEAK TO THIS IS BASICALLY THINGS HAVE BEEN GOING ON FOR 30 AND 40 YEARS. MEANING FRIPP, UM, HARBOR, THE, THE LONG ESTABLISHED IN THEIR DOCUMENTED COATS. I PURCHASED THE HOME BECAUSE IT IS NOT HAVING HOA. IT DOES NOT HAVE ANY CODES THAT RESTRICT IT. UM, THERE WAS NO RESTRICTIONS WHEN I PURCHASED THE HOUSE TO DO A SHORT-TERM RENTAL. UM, AND THAT'S WHY I PURCHASED THE HOME THAT I CHOSE. UM, BECAUSE AT THE TIME IT MET ALL THE REQUIREMENTS TO DO SHORT-TERM RENTAL AND IT WAS INVESTIGATED AT THAT TIME. AND NOW THE COUNTY HAS CHANGED THE LAW RESPECTFULLY. THAT'S, YOU KNOW, I UNDERSTAND THINGS CHANGE. UM, AND I'M HERE TODAY SAYING I'VE DONE EVERYTHING AS I SHOULD, AND I'M JUST TRYING TO CONTINUE A BUSINESS. THAT'S BEEN GOOD FOR ME AND MY FAMILY. A COUPLE OF QUESTIONS. YOUR, UM, NARRATIVE SAYS THAT YOU HAVE THREE PARKING SPACES AND A MAXIMUM OCCUPANCY [00:55:01] OF EIGHT PEOPLE. YES MA'AM. AND THEN THE COUNTY'S, UM, STAFF REPORT SAYS THAT YOU'RE ONLY RENTING ONE BEDROOM AND YOU HAVE LIMITED, AND THE COUNTY HAS LIMITED THE TRAFFIC, JUST TWO CARS. CAN YOU EXPLAIN THAT DISCREPANCY? I, I CANNOT, THE COUNTY MAY BE ABLE TO, I'VE NEVER COMMUNICATED. I, IN MY, IN MY PARKING DISPLAY, EVERYTHING THAT'S BEEN PRESENTED FROM THE BEGINNING, I'VE ALWAYS SAID THREE CARS. THE ONE BEDROOM IS, IS A UNIQUE DEFINITION. UM, THE WAY IT SLEEPS EIGHT IS THERE IS A LARGE OPEN SPACE UPSTAIRS THAT ACCOMMODATES, UM, LIKE A BUNK STYLE. UM, WHAT WE'VE SEEN IS A LOT OF FAMILIES THAT COME IN FOR GRADUATION, CHOOSE OUR UNIT BECAUSE THEY CAN PUT SOME KIDS UPSTAIRS. UM, IT'S NOT OFFICIALLY A BEDROOM. THE ONE BEDROOM IS DOWNSTAIRS. UM, THE TWO PARKING SPOTS. I, I, I HAVE THE SAME DOCUMENT YOU'RE LOOKING AT AND I'VE ACCOMMODATED. THAT'S BEEN FROM DAY ONE. SO I DON'T, I DON'T KNOW THE TWO PARKING SPACE VARIANTS, BUT DIFFERENCE. BUT, UM, MAYBE IT'S THE COUNTY RULE THAT YOU CAN ONLY HAVE TWO, YOU CAN ASK THE COUNTY ON NEAR TERM. WELL, ONCE WE GET THROUGH WITH HIM, THEN WE WILL HAVE THE COUNTY TO COME UP AND SPEAK AND YOU CAN ASK THE COUNTY THOSE QUESTIONS. I'M GOING TO GUESS THAT'S A MISUNDERSTANDING AT SOME POINT. ANY MORE QUESTIONS? YES, SIR. I'M LOOKING AT YOUR PLANS. UH, WHERE ARE THESE PARKING, THE PARTIES, WHAT SHOULD BE HIGHLIGHTED? UM, UH, I LIED. THERE'S THREE PARKING SPOTS. I COUNT. UM, I CAN PARK SIX, SOMETIMES SEVEN, IF THEY'RE SMALLER CARS ACROSS THE SPACES WHERE THEY'RE PARKED, I HAVE A CIRCLE DRIVE. UM, AND ON THE CIRCLE DRIVE, WE CAN PARK SIX TO SEVEN CARS. THEN THOSE THREE LINES ON THE GRAVEL DRIVER, THE PARKING PLACE. OKAY. THANK YOU. WHERE DO YOU PARK YOUR W WE, WE ONLY HAVE TWO CAR OR THREE CARS RIGHT NOW, CURRENTLY. UM, AND WE PARKED THOSE ON THE OUTSIDES OF THOSE MEANING I CAN GET TO IN-BETWEEN THE GARAGE DOOR THERE. UM, I CAN PARK IN THE GARAGE IF I CHOOSE TO. UM, THERE IS BEYOND SUFFICIENT PARKING. UM, FOR, UH, AGAIN, I'VE NEVER HAD A PARKING ISSUE, UH, IN THE TWO YEARS THAT I'VE BEEN DOING THIS. ARE YOU AWARE THAT THERE IS A PETITION THAT'S GOING AGAINST HAVING THIS? UH, UM, I'M NOT, UH, I'M FIND THAT HARD TO BELIEVE AS I'VE SAID, MOST OF MY NEIGHBORS, UM, WERE UNAWARE AND I WOULD BE INTERESTED TO ASK EVEN THOSE THAT ARE SIGNING THE PETITION, IF THEY'RE AWARE, WHEN I STARTED MEANING, UM, BECAUSE THE WAY MY HOME IS SET UP, UM, IF YOU LOOK AT THE PLAT THERE IN FRONT OF YOU, UM, WHERE THE, THE, THE UNIT IS, MY HOUSE SITS BETWEEN THE NEXT NEIGHBOR. SO IF YOU'RE LOOKING AT THE PLAT, THE MCELVEEN'S HOME, UM, IS ON THE OTHER SIDE OF MY HOUSE. SO IF THERE WAS ANY VOICE DISCREPANCY OR ANYTHING THAT WAS INCONVENIENCING THEM, I WOULD HEAR IT BEFORE THEY WOULD, ON THE OTHER SIDE, UM, BYRON BERRY, HE HAS, UH, APPROXIMATELY FIVE ACRES THERE. UM, BYRON'S HOME IS ACTUALLY AT THE FRONT OF THAT FIVE ACRES. AND HE IS AT SUCH A DISTANCE THAT AGAIN, IF THERE WAS ANY NOISE DISCREPANCY OR ANYTHING THAT WAS HEARD, UM, THAT AT THAT POINT I WOULD HEAR IT BEFORE THEY WOULD, AND I WOULD DEAL WITH IT AGAIN, I'M ON SITE, UM, AS ALL EVALUATE SHORT-TERM RENTALS. ONE OF THE QUESTIONS I THINK HAS TO BE ASKED IS, IS THE PROPERTY OWNER ON SITE? I AM ONSITE. UM, I MANAGE IT DAY TO DAY. MY FAMILY LIVES ON THE SAME PIECE OF PROPERTY. THIS IS NOT GOING TO BE A PLACE WHERE PARTIES HAPPEN. THIS IS NOT GOING TO BE A PLACE. I HAVE CHILDREN THAT RESIDE IN THE HOME NEXT DOOR. WE ARE NOT GOING TO TOLERATE ANYTHING THAT WOULD, UH, BE, UH, AN INCONVENIENCE, OUR NEIGHBORS. OKAY. ANY MORE QUESTIONS? THANK YOU. WE HAVE FROM THE COUNTY WHEN MS. OLSON CAME TO THE SRT, UH, HE TOLD US HE WOULD BE RENTING JUST THE ONE STORY GUEST HOUSE. AND I THINK IT WAS JUST ONE BEDROOM. SO THAT'S WHY WE ONLY DID TWO PARKING SPACES. UM, HE STATE THAT HE HAS BEEN RUNNING HIS BUSINESS FOR TWO YEARS. I HATE TO SAY THIS, BUT IT HAS BEEN RUNNING AN ILLEGAL SHORT-TERM RENTAL SHORT-TERM RENTALS WERE ONLY ALLOWED IN BUFORD COUNTY, IN SONE DISTRICTS THAT [01:00:01] ALLOWED HOTELS. SO HE IS IN HIS OWN INDUSTRY THAT WOULD NOT HAVE ALLOWED A HOTEL. SO HIS TWO YEAR SHORT-TERM RENTAL BUSINESS HAS BEEN IN A NICO BUSINESS. SO WHEN THE COUNTY DECIDED TO ADD SHORT-TERM RENTALS TO THE, THEN ALL THOSE PEOPLE THAT WERE RUNNING THESE BUSINESSES HAVE TO COME IN AND GET A PERMIT. AND LET ME, I DON'T, I'M NOT SURE I UNDERSTAND THAT MS. AUSTIN. SO WHEN, WHEN WAS SECTION 4.1, WELL, SECTION 4.1 0.3 60 ON SHORT TERM RENTALS WAS ADDED TO THE CODE, UH, IN SEPTEMBER OF 2020. YES. SO WHAT REGULATIONS WERE THERE IN THE CODE FOR SHORT-TERM RENTALS PRIOR TO THAT? SO IT WAS NEVER A USE. OKAY. SO ANYBODY COULD DO IT. I THINK LODGING WAS ALLOWED IN CERTAIN ZONING DISTRICTS. SHORT-TERM RENTAL IS A LODGING USE. THEY WERE ONLY ALLOWED IN LIKE BED AND BREAKFAST, THINGS LIKE THAT. WE'RE ALLOWING, BUT THIS IS AN EMBEDDED BED AND BREAKFAST, AND IT'S NOT A HOTEL. IT'S RIGHT. IT'S A USE, IT WASN'T REGULATED BEFORE 2020. RIGHT. AND WELL, WE CAME TO THE BOARD FOR SHORT-TERM RENTAL BEFORE, AND WE AGREE THAT SHORT-TERM RENTAL WAS CLASSIFIED AS ANYONE WHO RENTS THEIR HOME LESS THAN 30 DAYS. SO IT'S A TRANSIENT USE. SO IF THE ZONING DISTRICT DID NOT ALLOW FOR HOTELS OR TRANSIENT USES, SHORT-TERM RENTALS WERE NOT PERMITTED, EVEN THOUGH, EVEN THOUGH THE COOK, EVEN THOUGH THE CODE, DIDN'T SAY THAT. YEAH. EVEN THOUGH THE CODE, DIDN'T SAY THAT IT'S A, IT'S A TRANSIENT USE. IT'S A LODGING IT'S LISTED IN THE CODE AS LODGING. AND I JUST, I'M JUST TRYING TO GET TO THE POINT AND FIGURE OUT WHY, WHY IT IS THAT MR. OWENS, EVEN BEFORE I STARTED, HE CAME BEFORE US BECAUSE WE ADDED SHORT-TERM RENTAL TO THE CODE AND WE MADE THEM SPECIAL USES. AND JUST ABOUT EVERY ZONING DISTRICT, EXCEPT FOR TWO. AND THEN YOU'RE SAYING THAT HIS PRIOR OPERATION OF A SHORT TERM RENTAL PRIOR TO SEPTEMBER OF 2020 WAS AN ILLEGAL USE ZONING WISE. YES. WE WOULD NOT HAVE GIVEN HIM A PERMIT TO OPERATE A SHORT-TERM RENTAL IN HIS OWN INDUSTRY. AND IT HAS BEEN SINCE SEPTEMBER, 2020, SINCE HE HASN'T COME FOR A SPECIAL UNIT, IT HAS TO COME FOR PERMITS. NOW THAT WE HAVE ADDED INTO THE CODE AND MADE IT A SPECIAL USE. CAN I ASK A QUESTION? OKAY. WHY WAS THE COUNTY THEN COLLECTING HIS ACCOMMODATIONS TAX? IT'S ALL TO ME, HE OBVIOUSLY WAS UP FRONT. IF HE WAS PAYING TAXES. I CAN'T ANSWER THAT, THAT I DEAL WITH ZONING. I DON'T DEAL WITH TAXES MORE. OH, I HAVE ANOTHER QUESTION FOR COUNTY. UM, AND, UH, SHORT-TERM RENTALS. DOES THE COUNTY REALLY ONE BEDROOM, IS THERE A LIMIT ON HOW MANY BEDROOMS OR IS IT A CASE BY CASE IT'S JUST THE PARKING THAT'S ASSOCIATED WITH THE, SO WE WILL DO THE PARKING BASED OFF THE AMOUNT OF BEDROOMS THEY WOULD HAVE TO SHOW US, YOU KNOW, THREE BEDROOMS, IT BE THE THREE PARKING SPACES OR ROOM OR SOMETHING LIKE THAT. I'D HAVE TO LOOK AT IT, THE CODE, BUT HE TOLD US THAT IT WAS ONE BEDROOM. SO THAT'S WHY HE ONLY HAS TWO. SO I DON'T KNOW WHERE THE EIGHT PEOPLE, WE WEREN'T TOLD THAT IT'S A SHAME. I'M NOT HOW MANY RESIDENTS OUR HOUSES ARE WITHIN THAT COMMUNITY. AND WHAT YOU SAID, THERE'S ONLY. SO IF I DON'T HAVE THE ABILITY TO PULL UP A MAP TO TOP AN AERIAL MAP ON YOUR COMPUTER THERE, UM, BUT I LIVE AT THE ROAD. THERE'S LITERALLY ONLY TWO NEIGHBORS THAT I CAN EVEN SEE FROM MY HOUSE. UM, THERE'S A HOUSE ACROSS THE STREET, UM, THAT, UM, CONNIE RAMBO, THE RAMBOS LIVE IN. UM, AND THEN THERE'S THE, MCELVEEN'S NEXT TO ME. OTHER THAN THAT, THERE'S A NEIGHBOR ON THE OTHER SIDE OF THE MYTHICAL BEANS. UM, BUT BASICALLY YOU COME DOWN THE ROAD AT DEAD ENDS. YOU MAKE A RIGHT AND YOU DEAD END INTO MY PROPERTY WHEN YOU MAKE THAT RIGHT. THERE'S ONLY TWO HOUSES FROM THAT POINT ON, AND THEN BYRON BARRY'S PROPERTY ON THE OTHER SIDE OF US THAT DOES NOT ACCESS FROM THAT NEIGHBORHOOD HE ACCESSES FROM, UH, I'M NOT EVEN SURE WHAT THE NEXT NEIGHBORHOOD WOULD BE, WHERE HOBBIT HILL IS. [01:05:01] AND CHRIS NOW, NOW THAT HE INTERESTS FROM THAT, OR FROM WHERE THAT CANCER CENTER IS, I BELIEVE RIGHT THERE WHERE THAT DIRT ROAD COMES WANDERS AROUND BACK THERE. UM, BUT THERE'S ONLY TWO HOMES THAT ARE EVEN CLOSE. AND, UM, I, I DON'T, UM, THAT'S ALL RIGHT. I JUST ASKED, BECAUSE I SAID AT LEAST NINE INDIVIDUALS OR NINE NAMES ON THIS. SO I WAS, I WAS TRYING TO SEE APPROXIMATELY SO-SO AT MY UNDERSTANDING, THE COUNTY CAN SPEAK TO THIS AS WELL, AND THIS MAY BE AN EDUCATIONAL MOMENT FOR US ALL, BECAUSE YOU'RE GOING TO GET THESE A GOOD BIT. AT MY UNDERSTANDING, THE APPROACH TO SEND OUT LETTERS IS THEY TAKE MY HOME AND THEY DO A 500 FOOT OR YARD RADIUS. MY HOME SITS AT THE END OF ONE NEIGHBORHOOD AND BACKS UP TO ANOTHER. SO YOU PROBABLY HAD A CIRCUMFERENCE THAT ENCOMPASSED A NEIGHBORHOOD. THAT'S NOT EVEN ANYWHERE NEAR ME, THAT THAT W W WOULD TRY TO COME INTO THAT CONVERSATION BECAUSE OF HOW, AND I DON'T KNOW IF IT'S YARDS, FEET, YOU KNOW, I JUST KNOW IT'S SOMETHING LIKE THAT. THANK YOU. UH, PUBLIC COMMENTS, UM, PATRICIA YEOMANS, EXCUSE ME. OH, A LITTLE BIT 9 8 1 LANE. AND, UM, THIS NEIGHBORHOOD, THIS, THIS PROPOSITION JUST DOESN'T FIT IN A NEIGHBORHOOD. I BROUGHT A, UM, MY NEXT DOOR NEIGHBOR ON THE OTHER SIDE OF ME HAS BEEN VERY UPSET ABOUT THIS, AND SHE THINKS SHE HAS COVID. SHE HASN'T GOTTEN INTO, AND I PRAY. SHE DOESN'T BECAUSE SHE SOUNDED HORRIBLE. SHE BROUGHT THIS LETTER OF IT, MY DOOR, AND I THINK SHE ADDRESSED IT TO HILLARY AUSTIN. I'D HAVE TO SAY THERE'S ONLY MORE, I'M CALLING FIVE CONTENTS RESPONSE TO THIS LETTER THAT WAS SENT OUT TO TWO PHONE NUMBERS LAST WEEK. AND I HAVE NOT BEEN, NO ONE HAS EVER RESPONDED TO ME, BUT ANYWAY, I'M GOING TO READ THIS FOR MY NEXT DOOR NEIGHBOR, DONNA NEV. AND SHE'D PLANNED TO BE AT THE MEETING TONIGHT CONCERNING THIS REQUEST, UM, FOR THE SHORT-TERM RENTAL, WHICH WE THINK SOUNDS LIKE, WELL, THERE'S A AIRBNB, SO WHATEVER I, UM, AND SINCE SHE'S ILL, SHE COULDN'T BE HERE. UM, SHE WAS TRYING TO TAKE A PETITION AROUND, BUT THAT SHORTAGE TO IT. AND I KNOW THERE IS A PETITION AND, UM, UM, SEVERAL OF THE COMMUNITY OWNERS AND ALL IT WAS SPECKED, UM, BY THE PENDERS. AND, UM, THEY'RE, I KNOW THEY'RE ON THE, UM, PETITION THAT WENT AROUND. UM, WE JUST, THAT WE LIVE ON A CUL-DE-SAC AND, UH, WHERE HE IS, I'M RIGHT. WHERE AT THE DEAD END, UH, GRAFTON COMES AND ITAS LANES, A LITTLE DEAD END. AND, UH, THERE IS A LOT OF TRAFFIC, MY HUSBAND AND I HAVE A GAME. EVERY TIME WE LOOK OUT THE WINDOW, SOMETHING, WE SAY, CAR GOING CAR COMING. AND THEN NOT THAT MANY FAMILIES BACK THERE, THERE'S A LOT OF TRAFFIC. I WILL SAY THAT A FEW YEARS AGO, THE HOUSE THAT MR. OLSON BLIPS IN WAS OWNED BY LARRY KAISER. HE OWNED JIFFY LUBE, AND HE'D HAD A STROKE. AND I HAD SON-IN-LAW WENT AROUND FOR A WHILE. WE'VE HAD SO MUCH TRAFFIC ON WHAT AWAY AND ALL THAT. UM, THE REASON LARRY DIED WAS BECAUSE THE, UM, RESCUE SQUAD HAD DIFFICULT AND GETTING UP TO THE DRIVEWAY. W THIS IS HI. WE LIVE OHIO. THE REASON MY HUSBAND AND I, WE MOVED HERE FROM, UH, WE'VE LIVED IN MIAMI. AND, UH, I SAID THAT IS HIGH GROUND. IT IS HIGH GROUND. AND IT GOES UP AND UNLESS WE HAVE OUR CARS IN THE GARAGE, THERE IS NO ROOM ON THE DRIVEWAY FOR MORE THAN TWO CARS. CAUSE YOU'RE GOING WAY UP. THAT'S THE WAY THEY'RE ALL CONFIGURED. AND SO, UM, A LOT OF PEOPLE PARK ON THE ROADWAY AND THERE'S A LITTLE TRAFFIC JAM. IT'S A LITTLE BOTTLENECK UP IN THERE. UM, WE FEEL SAFE AND SECURE. UM, I'M PAIR READING FROM DONNA'S LETTER, UH, AND KNOW ALL THAT COME HERE. AND THE TRAFFIC HAS BEEN ELEVATED FOR THE PAST, UH, MANY MONTHS BECAUSE MR. ALLISON HAS ALREADY BEEN DOING SHORT-TERM RENTALS. UM, I DO NOT WANT PEOPLE HERE THAT HAVE NO INVESTMENT IN OUR TINY FAMILY ORIENTED SUBDIVISION. AND I CAN PROMISE, I SPEAK FOR ALMOST EVERYONE THAT LIVES HERE. UH, I DO KNOW ONE FAMILY THAT WAS RELUCTANT TO SIGN BECAUSE THEY WERE AFRAID OF MAKING ENEMIES AND THAT'S NOT WHAT WE WANT TO DO. THIS IS BUSINESS, YOU KNOW, YOUR HOME IS ONE OF YOUR BIGGEST INVESTMENTS AND WE NEED TO SAFEGUARD THE VALUE AND ALL, UH, UM, MY HUSBAND AND I PROBABLY ONLY TWO NON-MARKING. WE HAVE RETIRED WOULD PROBABLY THE OLDEST ONES IN THE NEIGHBORHOOD, AND THERE ARE CHILDREN, EVERYONE WORKS PARENTS, OR THEY OWN BUSINESSES. UM, SO IT WAS KIND OF HARD GETTING THE [01:10:01] PETITIONER AROUND TO SELL MODEL, UH, RENTALS TO MULTIPLE PERSONS AT ONE TIME WOULD CREATE AN ISSUE WITH PARKING ON THIS TINY STREET TO PUT IT SIMPLY, THIS IS NOT A NEIGHBORHOOD THAT NEEDS STRANGERS AND TRAFFIC AND THE LOSS OF FEELING OF SECURITY THAT WE HAVE. UM, SHE SAID, I'VE SPOKEN TO PEOPLE IN OTHER NEIGHBORHOODS TO SHOW IT BY. UM, THAT SAID HAVING SHORT-TERM RENTALS IN THEIR SUBDIVISIONS HAS BEEN A NIGHTMARE. SOME OF THESE PEOPLE, THEY PUT A GOOD TIME. YOU KNOW, I KNOW SOMETIMES IF YOU'RE RENTING TO SAY A SINGLE SCHOOL TEACHER OR SOMETHING FOR LONG-TERM, THAT'S DIFFERENT FROM PEOPLE THAT ARE JUST THERE OVERNIGHT OR TWO NIGHTS, SOMETHING LIKE THAT. UM, MANY, UH, NOISY WEEKENDS CARS CONSTANTLY IN AND OUT, LITTERING PEOPLE WITH NO CONCERN FOR THE NEIGHBORHOOD, LET ALONE THE WILDLIFE AND THE WATERS. UH, SHE SAID, VOICING A BREAK DISAGREEMENT WITH THIS APPEAL. THIS IS NOT HARBOR ISLAND, NOT FRIPP ISLAND. IT'S NOT. UM, HILTON IS A SMALL FAMILY ORIENTED. EVERYONE KNOWS EVERYONE AND THEIR PETS AND IN THIS NEIGHBORHOOD, UH, SHE SAID, I DID NOT KNOW SHANE OLSON, AS HE'S NEVER EVEN AWAKE A STOP TO CHAT, HOW I DO NOT DISLIKE HIM. AND THE SAME GOES FOR ME. I DON'T KNOW IF THIS IS NOT A PERSONAL THING. SO, UM, SHE SAYS SINCERELY WITH GRATITUDE FOR YOUR SERVICE TO OUR COMMUNITY AND ALL OF US THAT WORKED FOR BUTTE COUNTY. AND I WAS OF THIS PUT YOURSELVES IN OUR PLACE. THANK YOU. I HAVE A QUESTION. DO ANYONE ELSE HAVE ANY QUESTIONS? GO AHEAD. WERE YOU AWARE OF MR. OLSEN'S SHORT-TERM RENTAL BUSINESS BEFORE THIS APPLICATION? NO, BUT I'M WONDERING ABOUT THE CARS AND AT, HAVE YOU EVER SEEN ANY OF HIS GUESTS PARKING ON THE STREETS? I DON'T KNOW WHO ALL THE CARS, THEY HAVE CARS OFF, A LOT OF RUNWAY, AND I DON'T KNOW WHO THEY ALL BELONG TO WELL WITH COVID NO, I DIDN'T. HE, I THINK HE CAME ONCE AND MET MY HUSBAND. HE RETURNS TO MAYO AND, UH, BUT I NEVER MET YOU OR YOUR FAMILY AND I WEIGH THE CAR. YOU KNOW, YOU CAN'T TELL WHETHER THE WAY TO TODAY WHEN IT ALL PASSED. UM, BUT I'M SORRY. THANK YOU. UM, ANYONE ELSE WOULD PUBLIC COMMENTS, MR. SHANE? I HAVE ANOTHER QUESTION FOR YOU. WELL, LET'S CLOSE THE PUBLIC COMMENT PART, LOOK LIKE COMING FORWARD. HAVE YOU HAD ANY, UH, COMPLAINTS FROM ANY OF THE NEIGHBORS? NO, SIR. AND MATTER OF FACT, I KNEW THE NEIGHBORS COMPLAINED THE CARS. SHE REFERENCED IN THE STREET, OUR, UH, JOHN RAMBO PARKS, HIS TRUCK AND CONNIE RAMBO PARKS, HER CAR IN THE STREET, THE MCELVEEN'S, UM, RUN MULTIPLE BUSINESSES. CURRENTLY. ONE OF THEIR BUSINESS TRUCKS ARE PARKED IN THE STREET, IN FRONT OF THEIR HOUSE. UM, IT'S A MOBILE TIRE REPAIR. UM, I'VE NEVER HAD A SINGLE GUEST PARK ON THE STREET. WE DON'T ALLOW IT. UM, WE TELL THEM THEY HAVE THREE SPOTS IF THEY CAN'T ACCOMMODATE THAT, THAT THEY NEED TO PARK ELSEWHERE. OFFSITE, MEANING NOT ON THE STREET, BUT LIKE AT A, AT THE FOOD LINE, DOWN THE STREET FOR ALL I CARE, IT CANNOT, IT CANNOT BE IN THE NEIGHBORHOOD. UM, UM, I THINK IT'S UNIQUE THAT EVEN, UM, SHE MENTIONED WHEN YOU ASKED THAT, HOW, HOW WERE YOU AWARE HE'S BEEN DOING THIS TWO YEARS? NO, BECAUSE THERE'S BEEN NO COMPLAINTS THERE JUST SIMPLY HAS BEEN NO. THE ONLY ISSUE THAT ANYONE HAS HAD TO RESPOND TO IS A FIRE AND MEDICAL EMERGENCY, WHERE A LADY ATE SHELLFISH AT FISH CAMP AND SHE HAD TO BE TAKEN BY THE PARAMEDICS TO THE HOSPITAL. UM, SHE HAD AN ALLERGIC REACTION AND THAT WAS IT. AND THEY CAME AND GOT HER IN A WAY. SHE WENT, UM, AGAIN, I LIVE ON SITE WITH MY THREE CHILDREN AND MY WIFE. THIS IS NOT SOMETHING THAT IS LIKE, WE ARE ON SITE. THIS IS NOT AN AIRBNB WHERE, OR A VACATION RENTAL WHERE IT'S NOT HANDS-ON MANAGEMENT. ALL RIGHT. WELL, WE, AT THAT POINT WHERE WE DRAW THE QUESTION, I GUESS THE ONE TO MAKE A MOTION, IT WAS GERMAN. I BELIEVE THAT BASED ON THE TESTIMONY WE'VE HEARD TODAY, THE APPLICATION BEFORE US AND THE COUNTY STAFF RECOMMENDATION THAT WE FIND THIS APPLICATION MEETS THE REQUIREMENTS FOR SPECIAL USE AND THAT WE APPROVE THE APPLICATION. SECOND IT'S BEEN MADE IN A SECOND. ALL IN FAVOR. THANK YOU. MOVING TO ITEM [10. Mr. & Mrs. Craig Henry are requesting a Special Use Permit to operate a Short Term Rental Use in the T2 Rural Zoning District. Short Term Rentals are allowed in the zoning district as a Special Use. Property is located at 64 Steady Getting It Lane and is zoned T2 Rural (T2R).] NUMBER 10. IT'S THAT? MRS. CRAIG HENRY WAS CRUSTED, ESPECIALLY USE PERMIT. [01:15:01] SO MR. HENRY, YEAH, THE PACKAGE. ARE THERE ANY QUESTIONS PRESENTATIONS LIKE THAT? IT'S QUARTER AFTER SIX. THIS IS A LITTLE BIT DIFFERENT THAN PROBABLY MOST THAT YOU'RE GOING TO SEE FOR THE NEXT MONTH, BECAUSE WE'RE RIGHT OUT IN SUCH A REMOTE LOCATION, ONE RESIDENCE ON EIGHT ACRES, ANOTHER 20 ACRE BUFFER. WE NEED EIGHT ACRES AND ROAD ALL THE WAY TO THE ROAD, INCLUDING THE DRIVEWAY. BASICALLY YOU HAVE NO. IS THAT BY DESIGN HENDRIX? WELL, WHAT ELSE HAVE ANY QUESTIONS MR. MERRICK? I UNDERSTAND IT'S GOING TO BE QUIET YOSHI FOR Y'ALL IN THE FUTURE WITH HAVING TO WORK THROUGH ALL OF THESE, AND I UNDERSTAND THAT TAXES SHOULD BE COLLECTED AND WE'RE SIGNED A NOTE WITH A TIDE WATCH REALTY TO HELP MANAGE THE PROPERTY. AND DO YOU BE COLLECTING ALL THE TAXES AND SENDING THEM INTO VARIOUS DIRECTIONS? THAT'S COOL. YOU'RE DOING THERE. ANY QUESTIONS FOR MS. DAMON? THANK YOU. ALL RIGHT. I'LL GET SOMEONE TO PUT A MOTION ON THE FLOOR WHEN SHE DOES THE PUBLIC COMMENT, PUBLIC COMMENT. AND THEN IS THERE ANY PUBLIC COMMENT FOR THIS OUT OF NUMBER 11, CAROL, LET'S JUST SAY CLOSE THE PUBLIC COMMENT. UH, WITH THAT BEING SAID, I'M GOING TO PUT A MOTION ON THE FLOOR AND CHAIRMAN I'VE MOVED THAT BASED ON THE APPLICATION BEFORE US, THAT THE STAFF RECOMMENDATION FOR APPROVAL AND THE TESTIMONY WE'VE HEARD, THE CEILING THAT WE FIND THAT THIS APPLICATION MEETS THE REQUIREMENTS FOR THE SPECIAL USE PERMIT AND THAT WE APPROVED THE SHORT-TERM RENTAL USE. I'LL SECOND IT MELISSA BEEN MADE. AND SECOND, HOW ALL THE PAPER REALLY QUICK FOR HIM TO HEAR LONG? WAIT, LIKE I SAID, IT WAS REALLY QUICK AFTER YOUR LONG WHITE. ALRIGHT. [12. Mr. & Mrs. Samuel McNulty are requested a Variance to construct a house less than 50-feet from the OCRM Critical Line. Property is located at 22 Lighthouse Court, and is zoned Planned Unit Development (PUD).] NUMBER 11, MS. DAN, MR. SAMUEL, UH, MY NUTTY, NO BLEEDING. AND THE QUESTION IS TO REQUEST, UH, CONSTRUCT YOUR HOUSE. LET'S GET 50 FEET FROM THOSE CRM CRITICAL LINES. THANK YOU, MR. CHAIRMAN. MY NAME IS JOHN CARROLL. I'M AN ATTORNEY AT THE LAW FIRM, A BURR FOREMAN, AND I'M JOINED HERE WITH JEN FOSTER WITH COURT ATKINS GROUP. AND WE BOTH SHARE THE HONOR OF REPRESENTING, UH, MR. SAM AND MISS AMY MCNULTY IN REGARDS TO THIS REQUEST FOR A VARIANCE PERMIT, UM, RELATED TO 22 COURTHOUSE, I'M SORRY, LIGHTHOUSE COURT ON EIGHT POINT. AND THE REASON WHY WE ARE REQUESTING THIS VARIANCE PERMIT, UH, MR. CHAIRMAN, IS THAT WE WANT TO BE TREATED FAIRLY AND EQUITABLY LIKE OUR NEIGHBORS ON EITHER SIDE OF THE PROPERTY. AND WHEN I SAY NEIGHBORS, UM, UNLIKE, UNLIKE THE PRIOR APPLICANT, UH, WE, WE HAVE NEIGHBORS ON EACH SIDE OF OUR PROPERTY AND, UM, EACH OF THOSE NEIGHBORS, UM, HAVE BUILT SEAWARD UP TO 40 FEET TOWARDS THE OCEAN. AND, UM, AND CURRENTLY OUR CLIENT IS NOT ALLOWS TO BUILD THAT CLOSE TO THE WATER PURSUANT TO TABLE 5, 11 60 AND THE CDC, WHICH REPRESENTS THE RIVER BUFFER, UH, SETBACK LINE. AND, UM, THE REASON WHY WE BELIEVE THAT WE'RE BEING TREATED UNFAIRLY IN THIS CASE IS THAT THIS SUBDIVISION PLAT WAS FIRST RECORDED IN 1994. UM, LONG BEFORE THE RIVER BUFFER LINES EXISTED LONG BEFORE THE CDC IN ITS CURRENT STATE WAS ADOPTED LATER IN 2013. AND OF COURSE, UM, THE SUBDIVISION PLAT, UH, HAD HASN'T BEEN UPDATED SINCE THEN, NOR SHOULD IT, THAT WOULD BE TOTALLY UNREASONABLE TO EXPECT THE COUNTY TO RE REVIEW EVERY SUBDIVISION PLAT IN THE EVENT. UM, THE CODE [01:20:01] CHANGES OR THERE'S ANY TEXT AMENDMENTS TO THAT CODE. INSTEAD, WE HAVE A PROCESS LIKE THIS TO DETERMINE IF THERE ARE ANY, UM, EXTREME OR, UM, UNFAIR, UH, UM, OUTCOMES THAT RESULT, UH, UH, BY APPLYING, UM, THE CODE IN ITS CURRENT STATE. SO, UM, IN THE NARRATIVE, I'D CALL YOUR ATTENTION TO TWO EXHIBITS IN PARTICULAR, ONE IS EXHIBIT C AND THE OTHER IS EXHIBIT F AND THESE TWO EXHIBITS ARE SITE PLANS, THE PROPERTY. AND IN ADDITION TO BEING SITE PLANS OF THE PROPERTY, THE SCOPE OF VISION ZOOMS OUT, SUCH THAT YOU CAN SEE THE NEIGHBORS, UH, THE NEIGHBORING PROPERTIES ON, ON EITHER SIDE AND THERE'S THREE LINES AT ISSUE. ONE IS A 40 FOOT SETBACK LINE. UM, THAT IS REALLY AN EXTERIOR BOUNDARY SETBACK LINE, THIS ESTABLISHED BY THE ZONING. AND WE HAVE NO QUARREL WITH THAT LINE. UM, THE OTHER TWO ARE ESTABLISHED BY TABLE 5 11 60, WHICH IS THE 50 FOOT RIVER BUFFER LINE. AND THEN THE MORE RESTRICTIVE 60 FOOT OCRM SETBACK LINE. AND AS YOU CAN SEE FROM EITHER, UH, EXHIBIT C OR EXHIBIT F, UM, LOTS, FOUR 60 AND 4 63 ON THE SIDE, CLEARLY CONSTRUCT WELL BEYOND BOTH OF THOSE 50 AND 60 LINES. UM, AND, UH, AND OF COURSE, YOU KNOW, THE REASON WHY THAT IS, IS BECAUSE THEY WERE, YOU KNOW, THEY WERE CONSTRUCTED PRIOR TO THE ADOPTION OF THIS, OF THIS, UH, CDC, WHICH ESTABLISHES THE OCRM SETBACK LINES. SO OUR PROPOSAL IS TO, IS TO CONSTRUCT A HOME THAT'S, UM, THAT, UH, WOULD ALLOW OUR, OUR CLIENTS TO HAVE OF TOTAL BUILDING AREA, UM, EQUITABLE TO THOSE ALONG THE ROAD. AND ESPECIALLY THOSE RIGHT BESIDE US, YOU KNOW, WE HAD CONSIDERED MOVING THE ENTIRE HOME CLOSER TO THE RIGHT OF WAY, THEREBY, YOU KNOW, MAKING EVERY EFFORT TO COMPLY WITH THESE BLINDS. UM, ONE EXHIBIT IN THE NARRATIVE THAT I'LL CALL YOUR ATTENTION TO IS, UM, A LETTER FROM THE HAGUE POINT ARCHITECTURAL REVIEW BOARD IN SUPPORT OF THE PROPOSED CONSTRUCTION IN FRONT OF YOU. AND CLEARLY STATES THAT ALTHOUGH WE HAVE NOT SUBMITTED A, UH, UH, AN ARB, UM, UH, REQUEST FORMALLY, UM, INFORMALLY, THEY WOULD, THEY TELL US IN THAT LETTER THAT THEY WOULD DENY US MOVING THE PROPERTY OR THE CONSTRUCTION ON THE PROPERTY, ANY CLOSER TO THE ROAD, THE PUD ZONING DOES ESTABLISH A 25 FOOT A RIGHT OF WAY SETBACK LINE. SO IT'S REALLY IMPOSSIBLE FOR US TO MOVE THE HOME, ANY WAR, ANY MORE INLAND OR CLOSER TO THE RIGHT OF WAY. UM, SO, SO THAT'S WHY WE'RE HERE TODAY TO REQUEST A VARIANCE, TO ALLOW US TO BUILD UP TO THE 40 FOOT EXTERIOR BOUNDARY SETBACK LINE, WHICH IS A STANDARD THAT HAS BEEN APPLIED TO EVERYONE ELSE ON LIGHTHOUSE COURT. I HAVE A QUICK I'LL WAIT LESS. OKAY. UM, ONE CLARIFICATION THE 60 FOOT SETBACK WAS IN PLACE WHEN YOUR CLIENTS BROUGHT THE PROPERTY A YEAR AGO, CORRECT? THAT IS CORRECT. UM, ALSO THE, UM, ZONING ORDINANCE ALLOWS, UM, FOR SITUATIONS LIKE THIS AND THE AVERAGE OF THE HOUSE FIVE HOUSES ON EITHER SIDE THAT YOU CAN BUILD A HOUSE THAT'S EQUAL TO THE AVERAGE OF THE FIVE HOUSES ON EITHER SIDE. SO THIS LOT IS VERY BUILDABLE. I DID THE CALCULATIONS AND THE AVERAGE SIZE OF THE HOUSES AND FIGHTS FIVE HOUSES, EITHER DIRECTION IS 3,770 SQUARE FEET. UM, AND YOUR, THE CLIENTS, UM, YOU STATED THAT THEY'RE BUILDING ONE ABOUT, UH, 6,030 SQUARE FEET. SO THEY'RE, THEY, THEY ARE SEEKING RELIEF FROM SOMETHING THAT THEY COULD HAVE ALREADY HAD A, UM, BUY RIGHT IN THERE. IF THEY HAD STAYED WITHIN THE, THE SQUARE FOOTAGE OF THE HOUSES ON EITHER SIDE OF THEM, THIS MAN, A RESPOND. SURE. JUST SAYING THAT THAT'S ONE OF THE REQUIREMENTS THAT THEY HAVE TO MEET IS THAT IT'S A HARDSHIP FOR THEM. AND I DON'T UNDERSTAND WHY IT IS A HARDSHIP IF THE 60 FOOT SETBACK WAS IN PLACE WHEN THEY BOUGHT THE PROPERTY AND THAT THEY COULD BUILD A HOUSE UP TO ALMOST 4,000 SQUARE FEET. SURE. I UNDERSTAND THE QUESTION. THANK YOU FOR PRESENTING THAT. SO, UM, JUST TO BE CLEAR, THERE ARE TWO WAYS TO ENCROACH WITHIN THIS OCRM LINE ONE WAY IS TO REQUEST A SETBACK WAIVER. [01:25:01] AND THAT IS NOT WHAT IS THAT ISSUE TODAY? AND I, AND I UNDERSTAND THAT AND FORGIVE ME, I, I MEANT NO INSULT BY, BY BANK BY MAKING THAT DISTINCTION. BUT THE REASON WHY I BRING THAT UP IS THAT I DO KNOW THAT IN THE SETBACK WAIVER APPLICATION PROCESS, THERE IS THAT RULE THAT YOU MENTIONED RELATING TO WELL, UM, WE CANNOT PROVIDE A WAIVER IN THE EVENT. UM, THE BUILDABLE SQUARE AREA EXCEEDS A CERTAIN THRESHOLD, I BELIEVE IS THE AVERAGE OF THOSE ON MY SIDE OF THE STREET. SO, UM, AND THAT'S RIGHT. AND IN REGARDS TO THE 6,000 SQUARE FEET, I BELIEVE THE 6,000 SQUARE FEET IS THAT THE TOTAL ENCLOSED. SO, SO THAT, SO THAT WOULD BE, YOU KNOW, THE, BOTH THE HEATED SQUARE FOOT AND THE, AND THE DECK SPACE. I INCLUDED THAT IN MY CALCULATION. OKAY, GREAT. SO, SO BY APPLYING THE OCRM LINE TO THIS PROPERTY, WE'RE LOSING 31% OF OUR TOTAL BILLABLE AREA. AND IF YOU WERE TO KEEP THE DECK THE SAME SIZE, THEN, UM, I MEAN, I'M JUST, I, I DON'T HAVE THIS PERCENTAGE IN FRONT OF ME, BUT THAT CLEAR CLEARLY WOULD CUT ALMOST STRAIGHT DOWN THE MIDDLE OF OUR PROPOSED CONSTRUCTION. IF WE GET THAT SAME SIZE DECK, OKAY. DAX ARE ALLOWED IN THE 50 FOOT SETBACK. SO YOU REALLY, THEY'RE NOT. SO, AND THE REASON WHY I MENTIONED THE SUBDIVISION PLAT THIS RHETORIC IS THAT, OF COURSE THE SUBDIVISION PLAT IS REPRESENTED IN EXHIBIT VIA THE NARRATIVE. AND THERE ARE NO, UM, CRM LINES, UM, ASSOCIATED WITH THAT. AND THAT BLATT WAS APPROVED BY THE COUNTY. AND, AND THAT'S WHY I WENT THROUGH THIS HYPOTHETICAL WHERE, OF COURSE THE COUNTY CANNOT, WE WOULD NOT WANT THE COUNTY TO BE EXPECTED TO GO THROUGH ALL PRIOR SUBDIVISION PLATS, ANYTIME THERE'S A NEW, UH, SETBACK LINE OR A NEW TEXT AMENDMENT TO THE CDC OR ANYTHING LIKE THAT. INSTEAD, WE HAVE A PROCESS TO DETERMINE WHETHER OR NOT IF A STRICT APPLICATION OF THE NEW CODE, UM, UH, UNFAIRLY TREATS, UM, A PROPERTY OWNER IN, IN A WAY THAT THE CDC DIDN'T CONTEMPLATE, UH, CLARIFICATION. I ASSUME THAT THAT'S NOT A DEBT, BUT A PORCH BECAUSE THE CODE SAYS UNCOVERED DECKS ARE ALLOWED IN THE 60 FOOT, NOT THE 55 BETWEEN THE 50 AND THE 60. YES. YES. THAT'S WHAT I WAS SAYING. THAT'S WHAT THIS IS SHOWING IS BETWEEN THE 50, UNDER 60. YES. MA'AM AND EACH, UM, HOME ON EITHER SIDE, HAS IT COVERED PORCH COVERED OR IS IT A DAY? SO YES, WE DO SEEK A COVER OVER THIS PORCH. SO ENJOY THE PROPERTY SIMILAR TO LOTS FOUR 60 IN LOTS, 4 63. SO, AND AGAIN, UM, IF YOU, IF YOU LOOK AT THAT 40 FOOT BUILDING SETBACK LINE, UM, NEITHER ONE OF OUR NEIGHBORS, WELL, ACTUALLY ONE OF OUR NEIGHBORS TO THE, UH, TO THE SOUTH ACTUALLY ENCROACHES THAT 40 FOOT LINE, JUST A HAIR. BUT AGAIN, WE, IN ORDER TO COMPLY WITH THE CDC AS MUCH AS POSSIBLE, UH, WE FULLY INTEND TO COMPLY WITH THAT 40 FOOT SETBACK LINE WHEN THIS LOT, WHEN THIS SUBDIVISION RATHER WAS INITIALLY DEVELOPED, KIND OF THESE LINES EXISTED, THESE LOTS WOULD BE DRAWN UP TOTALLY DIFFERENT THAN THEY ARE TODAY, BECAUSE IT WOULD CUT THE BUILDABLE AREA ALMOST WELL HERE. IT'S CUTTING IT BY 31%. SO, UM, ALL WE'RE ALL WE'RE ASKING FOR HERE IS TO BE TREATED, UM, HELD TO THE SAME STANDARD THAT OTHER HOMES ON THE LOTS, UH, ADJACENT TO US HAS BEEN HELD. AND UNFORTUNATELY WE CAN'T MOVE BACK CLOSER TO THE RIGHT OF WAY. UM, UM, BUT, UH, UH, CLEARLY, YOU KNOW, WE WE'VE POSTED PUBLIC NOTICE AND TO MY KNOWLEDGE, NEITHER NEIGHBOR OR ANYONE ELSE ON THAT STREET FOR THAT MATTER HAS ANY QUARREL WITH US WITH THIS PROPOSAL. AND WE ASK THAT YOU AGREE WITH US AND THAT THIS DOES THIS A STRICT APPLICATION OF THE CDC IN ITS CURRENT STATE POST 2013, DOES CREATE AN EXTRAORDINARY AND EXCEPTIONAL OUTCOME FOR THIS PARTICULAR LOT OWNER AND NO OTHER LOT OWNERS ON THAT STREET. HAVE YOU HAD THE OPPORTUNITY TO, TO REVIEW THE COUNTY'S RECOMMENDATION? UM, NO, I HAVE NOT. UM, WE HAVE NOT, UH, WE DID MEET WITH THE COUNTY DURING THE SETBACK WAIVER PROCESS, AND WE WERE MET WITH THE, UM, THE, THE SQUARE FOOTAGE, UM, UH, RECOMMENDATION AS TO, YOU KNOW, UNDERSTAND THE COUNTY IS, IS, IS TIED FROM A SETBACK WAIVER, UM, WHICH IS WHY WE'RE SEEKING THE SETBACK VARIANTS AT THIS TIME. UH, WELL, THE [01:30:01] COUNTY RECOMMENDATION IS THE ADVOCATE. WELL, THEY RECOMMEND APPROVAL WITH THE CONDITION THAT THE APPLICANT SHELL INSTALLED GUTTERS ALONG THE RIB, THE HOUSE TO TRAP THE ROOF RUNOFF AND DISCHARGE IT AT A MINIMUM OF 50 FEET FROM THE OCR INCREDIBLE LIFE. DO YOU FIND THAT TO BE A PROBLEM WITH, UH, NO, SIR. IN FACT, UM, IN, UM, JEN, IF, YOU KNOW, IF YOU COULD ADD TO THIS, BUT WE DO OUR, OUR CURRENT PLAN DOES INCLUDE, UM, UH, WE WOULD BE HAPPY TO INSTALL, UH, GUTTERS, BUT I WILL MENTION THAT OUR CURRENT PLAN, WE, WE DID REVISE OUR SITE PLAN AFTER THIS WAIVER MEETING WITH TOWN STAFF, UM, TO INCLUDE RAIN GARDENS THAT DO CAPTURE RUNOFF AND LEAD THAT MORE TOWARDS THE RIGHT OF WAY, UM, WITHIN THE, WITHIN THE BOUNDARIES THAT YOU JUST MENTIONED JUST NOW. SO, UM, I WANT TO MAKE SURE THAT MY VOCABULARY IS MATCHING WITH YOURS. UM, IF THE RAIN GARDENS, UM, MEET THAT, UH, YOU MENTIONED THE TERM GUTTERS. IF, IF I BELIEVE WE MAY HAVE ALREADY ADDRESSED THAT ISSUE IN THE, IN THE MOST RECENT VERSION OF THE SITE PLAN THAT WE INCLUDED OUR NARRATIVE, UH, WALLACE MILLING WEBER JONES, KIEFER IS OUR LANDSCAPE ARCHITECT AND DONE THE CIVIL ENGINEERING ON THIS. AND WE FEEL CONFIDENT THAT WE CAN ISSUE THAT. OKAY. ALL RIGHT. SO YOU'LL READ GOD AS IT IS WITHIN THE, UH, 50 FEET FROM THE OCR IN CRITICAL LINE, RIGHT? YES, SIR. OKAY. OKAY. THANK YOU. AND WHAT ELSE I HAVE ANY QUESTIONS IS THE COUNTY GONNA, THANK YOU. THANK YOU, MR. CHAIRMAN. UH, NOW WE HEAR FROM THE COUNTY, I HAVE A ABOUT THAT BECAUSE THE, ON THREE OF THE ITEMS YOU SAID IT WAS, UM, UM, UM, THE APPLICATION OF THE DEVELOPMENT CODE OF ATLANTA, UM, STRUCTURE WOULD NOT PROHIBIT THE USE OF THE PARCEL OF S SO THEY OWN THREE OF THEM. YOU'RE SAYING THEY DIDN'T MEET THE REQUIREMENTS, AND YET YOU STILL ARE APPROVING IT. WE WOULD HAVE GIVEN THEM THE, THAT THE WAIVER AT THE STAFF REVIEW TEAM, BUT THE HOUSE WAS TOO BIG. SO HE'S REALLY COMING FOR A VARIANCE FOR THE HOUSE SIZE. I MEAN, WE CAN'T GIVE THEM A WAIVER IF THEY DON'T MEET THOSE CRITERIA. SO WHEN THEY CAME TO THE SRG, THE HOUSE SIZE WAS MUCH LARGER THAN THE AVERAGE FIVE LEFT FIVE, RIGHT? SO THEY'RE HERE IT'S THEY WANT THE SAME WAIVER, THE CREDIT FOR LINE. THEY CAN'T PULL THE HOUSE UP ANY CLOSER TO THE ROAD. SO I RECOMMENDED APPROVAL BECAUSE, AND ALSO THE CRITERIA AND DOESN'T DEAL JUST WITH THAT. IT PROHIBITS THE USE. IT ALSO DEALS WITH UNREASONABLY RESTRICTS THE USE. AND I THINK THAT'S LIKELY THE CASE HERE. YES. THANK YOU, DIRECTOR. THANK YOU. YOU GOOD? SO WITH THAT BEING SAID, I GET SOMEONE TO WATCH IT. WAS IT THIS PUBLIC COMMENT, MR. CHAIRMAN FOR KEEPING ME CHECK THE PUBLIC COMMENT FOR IT IS ITEM NUMBER 12, NOT WE CLOSED PUBLIC COMMENTS NOW, MOVING FORWARD. SHOULD I GET SOMEONE TO MAKE A MOTION FOR ITEM NUMBER 12, MR. CHAIRMAN I'D MOVE THAT BASED ON THE APPLICATION BEFORE US, THE TESTIMONY WE'VE HEARD THIS EVENING AND THE STAFF'S RECOMMENDATION, WE FIND THAT THERE ARE EXTRAORDINARY EXCEPTIONAL CONDITIONS THAT APPLY TO THE PROPERTY IN QUESTION, AND THOSE CONDITIONS ARE NOT THE RESULT OF THE LANDOWNER AND THAT THE IMPOSITION OF THOSE OF THE STRICT REQUIREMENTS OF THE CODE ON THE PROPERTY WOULD UNREASONABLY RESTRICT THE UTILIZATION OF THE PROPERTY. AND THAT WE ALSO FOUND THAT THE VARIOUS PERMIT WOULDN'T CONFER ANY SPECIAL PRIVILEGE ON THE LANDOWNER AND THAT IT IS THE MINIMUM NECESSARY TO ALLOW A REASONABLE USE OF THE STRUCTURE AND THAT IT'S IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE DEVELOPMENT CODE AND PRESERVE THE SPIRIT. AND IT WOULD NOT ADVERSELY AFFECT THE HEALTH OR SAFETY OF PERSONS RESIDING OR WORKING WITH THE NEIGHBORS. AND THAT WE APPROVE THIS APPLICATION WITH THE CONDITION THAT GUTTERS ALONE THAT HAS BEEN INSTALLED ALONG THE REAR OF THE HOUSE TO TRAP ROOF RUNOFF AND DISCHARGE AT A MINIMUM OF 50 FEET AWAY FROM THE OCRM CRITICAL. SO IT'S MOSTLY BEEN MADE. I'LL SECOND IT FOR ME. AND SECOND, ALL IN FAVOR, BEEN GRANTED. IT WAS WORTH AN HOUR AND A HALF [01:35:01] AWAY TONIGHT. I WANT TO HAVE THAT, THAT NARRATIVE FORMAT IS STRANGELY FAMILIAR TO ASK MR. NESTOR WHERE THAT CAME FROM TO ASK HIM NO REASON, NO REASON TO REINVENT THE WHEEL. YOU KNOW, IT'S A BUSINESS NEW BUSINESS. AND I THINK MR. MOON SECOND, MR. CHAIRMAN. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.