Feb 24, 2022 Zoning Board of Appeals

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RIBAUT THIS BRINGING THIS MEETING TO ORDER CHRIS MAKING LET ME BEGIN BY SAYING WELCOME TO DEEPA COUNTY'S ONLY P.A. THIS IS A MEETING THAT WE MADE EVERY FOURTH THURSDAY OF THE MONTH THE DEFINITIVE LISTEN TO DIFFERENT TOPICS JUST TO LET YOU KNOW THAT WE ARE BOARD MEMBERS ELECTED OFFICIAL HERE IS THE MICROPHONE SO WE ARE ELECTED BOARD MEMBERS HERE AND THIS IS MY UNDERSTANDING THAT, YOU KNOW, SOME OF OUR BOARD MEMBERS HAVE BEEN RECEIVING SOME DEROGATORY PHONE CALLS AND UNPROFESSIONAL PHONE CALLS AFTER OUR MEETINGS AND I THINK

IT'S JUST UNPROFESSIONAL. >> WE ARE WORKING ALONG WITH THE COUNTY FOR THE COMMUNITY.

SO IF WE COULD REFRAIN FROM HAVING THOSE TYPE OF CONVERSATION THAT WOULD BE GREATLY APPRECIATED. WITH THAT BEING SAID, WE GO TO THE TIME KNOWING IS FIVE OR THREE AND WE GONNA BRING THIS MEETING TO ORDER. IT IS OUR CUSTOM THAT WE BEGIN OUR MEETING BY RECITING THE PLEDGE OF ALLEGIANCE. IMAGINE THAT YOU GUYS STAND FACE THE FLAG REPEAT AFTER ME. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD IS FOR THANK YOU.

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

[4. ADOPTION OF AGENDA]

>> THANKS. WE DON'T HAVE ADOPTION OF GENDER.

I HAVE SOMEONE TO MAKE ADOPTION OF THE AGENDA. I MEAN WE ADOPT THE AGENDA.

A PUBLIC MEETING SECOND FAVORITE HAS BEEN ADOPTED A GROUP OF MINUTES WILL BE.

[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 JANUARY’S MEETING)]

>> I COULD HAVE AN OPPORTUNITY AFTER THE PUBLIC COMMENT TO RESPOND TO.

I WOULD CERTAINLY APPRECIATE IT BECAUSE THERE'S BEEN A LOT OF MISINFORMATION.

THERE'S BEEN BANTERED AROUND IN PUBLIC SOCIAL MEDIA. I JUST WANTED TO GET THE FACTS ARE THE FACTS WILL ALLOW YOU A WINDOW. THANK YOU.

>> SO I'M HERE IN FRONT OF YOU FOLLOWING THE LAW. AS OUTLINED IN THE FUTURE COUNT WHILE I RESPECT THE CBO A ALLOWS THE PUBLIC TO VOICE THEIR OPINIONS DURING THIS MEETING. FACTS OF THE MATTER IS WE ARE A COUNTRY OF LAWS.

THIS BUDGET IS CONSISTENT INCLUDING THIS AFTERNOON. >> I'VE BEEN IN FRONT OF THE SRT BY IS NOW THE 5TH AND LAST TIME I'LL COME IN FRONT OF THE CBO TO EXTEND SOME OF THESE MEETINGS I'VE FLOWN ACROSS THE ATLANTIC TO ATTEND THE OTHER MEETINGS INCLUDING TODAY'S I'VE

FLOWN FROM NEW YORK THROUGHOUT THE ENTIRE PROCESS. >> I HAVE FOLLOWED THE LAW AS YOU KNOW. THIS IS A LEGAL LEGAL PROCEEDING AND AS SUCH IT'S IMPORTANT FOR THE BOARD. THERE'S ZONING BOARD OF APPEALS TO REMEMBER HOW THE LAW DEFINES THE PURPOSE OF A SPECIAL USE PERMIT, A COFFEE SHOP RESTAURANT IS ALLOWED BY COUNTY LAW ON THIS PROPERTY, A COFFEE SHOP RESTAURANT WITH DRIVE THRU IS AN ALLOWED USE BYLAW ON MY PROPERTY. IT IS ONLY THE CONDITIONS OF THAT USE THAT IS TO BE

REVIEWED BY THE CEO ELECT TO MAKE SURE THAT MR. TRASK. >> IF I MAY WITH THE DRIVE THROUGH DOESN'T THAT KICK HIM INTO THE SPECIAL USE PERMIT CATEGORY? I'M GETTING TO THAT AND I'M I'M TELLING YOU WHAT A SPECIAL USE IS FOR.

>> IT'S NOT TO APPROVE OR DISPROVE THE PROJECT. IT'S TO MAKE SPECIAL SPECIAL USES ARE USES THAT ARE PRESUMPTIVELY PERMITTED IN HIS OWN DISTRICT BUT REQUIRE A

HEIGHTENED SCRUTINY THERE. >> THE TYPES OF USES THAT MAY BE APPROPRIATE IN ONE AREA AND

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A ZONING DISTRICT BUT NOT IN ANOTHER MATTER. >> THIS IS MY RIGHT.

I APPRECIATE YOU. CAN I JUST CONTINUE TO READ IT? >> ALL RIGHT.

I APPRECIATE THAT. >> BUT I'M GETTING TO THAT. YOU'LL LET ME COUGH AND I'LL

READ THE EXACT CODE JUST NEXT IF YOU'LL LET ME. >> A COFFEE SHOP RESTAURANT WITH DRIVE THRU ISN'T ALLOWED ON MY PROPERTY. IT IS ONLY THE CONDITIONS THAT USE IS TO BE REVIEWED BY THE CBO WAY TO MAKE SURE THE USE IN PRACTICE IS APPROPRIATE IN THE

AREA. >> AS YOU SAID SO THE QUESTION IN FRONT OF YOU TODAY IS NOT WHETHER A COFFEE SHOP RESTAURANT WITH DRIVE THRU IS ALLOWED BUT HOW AND UNDER WHAT

CONDITIONS AND I'LL READ THE EXACT QUOTE. >> THIS IS SEVEN POINT TWO POINT ONE FOR A PURPOSE A USED DESIGNATED AS REQUIRING A SPECIAL USE PERMIT IN THE ALLOWED USE TABLES AND ARTICLE THREE SPECIFIC TO ZONES IS A USE THAT MAY BE APPROPRIATE IN THE ZONE BUT BECAUSE OF ITS NATURE EXTENDS AN EXTERNAL EFFECTS REQUIRE SPECIAL CONSIDERATION OF ITS LOCATION, DESIGN AND METHODS OF OPERATION BEFORE IT CAN BE DEEMED

APPROPRIATE IN THE ZONE. >> AND COMPATIBLE WITH ITS SURROUNDINGS.

THE PURPOSE OF THIS SECTION IS TO ESTABLISH A MECHANISM TO REVIEW SPECIAL USES TO ENSURE THEY ARE APPROPRIATE. LEE DEVELOPED IN THE ZONE. MY PROJECT COMPLIES WITH THE COUNTY'S DRIVE THROUGH FACILITIES STANDARDS. IT'S ITEM FOUR POINT ONE POINT SEVEN ZERO. THE MAIN POINTS OF THAT ARE REQUIRING THAT THE DRIVE THROUGH IS IN THE REAR OF THE BUILDING AND THAT THE STACKING LANE IS AT LEAST FIVE CARS.

>> THAT'S LONG AND AS SUCH THEY'LL USE PERMIT MUST BE ISSUED SINCE COFFEE SHOPS WITHOUT DRIVE THREE YEARS ARE PERMITTED AND DO NOT REQUIRE A SPECIAL USE MERC MY PROJECT.

>> SORRY. AS A POINT OF NOTE MY PROJECT STACKING LANE IS 17 VEHICLES WHICH IS ALMOST THREE AND A HALF TIMES THE COUNTY'S LEGAL REQUIREMENT.

>> ADDITIONALLY OVER THE LAST EIGHT MONTHS I HAVEN'T COREPER RATED EVERY SINGLE REQUIREMENT FEEDBACK AND FEEDBACK PROVIDED BY THE SRT THE TRAFFIC IMPACT STUDY.

>> THE COUNTY'S OWN TRAFFIC ENGINEER THE SCADA DUTY AND YOUR COMMENTS.

>> THE BOTTOM LINE IS THAT THE COUNTY CODE AND THE LAW DICTATES THAT THE SPECIAL USE PERMIT SHELL AND SHELL NEEDS MUST BE APPROVED IF THE APPLICATION DEMONSTRATES THE

PROPOSED SPECIAL USE MEETS THE FOLLOWING CRITERIA. >> MEETS THE ZONING

REQUIREMENTS FOR THIS SITE. >> YES. MEETS THE COUNTY'S REQUIREMENTS

FOR A DRIVE THROUGH THIS SITE. >> YES. IS CONSIST WITH A COMPREHENSIVE PLAN AND THE DEVELOPMENT CODE . YES. AS THE COUNTY CODE IS THE LEGAL ENFORCED MECHANISM OF THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE PLAN DEFERS TO THE COUNTY CODE ON SITE SPECIFIC TO ISSUES SUCH AS THIS IS CONSISTENT WITH THE LADIES

ISLAND PLAN. >> YES CHECK THE LADY'S ISLAND CLAIM STATES THAT IT DOES NOT DEAL WITH PARCELS SPECIFIC ISSUES AND DEFERS TO THE COMPREHENSIVE POINT AND THE

ZONING LAW. >> AND THIS IS THE PARCEL SPECIFIC ISSUE.

NEVERTHELESS, THE LADY'S ISLAND PLAN SPECIFICALLY DICTATES THAT PROJECTS SUCH AS MINE BELONG IN THE LADY'S ISLAND CROSSROADS DISTRICT WHICH IS WHERE THIS PROJECT IS LOCATED.

>> ADDITIONALLY, THE LADY'S ISLAND POINT ENCOURAGES FOR THE CROSSROADS DISTRICT.

SORRY. >> ADDITIONALLY, AS ENCOURAGED BY THE LADY'S ISLAND PLAN FOR THE CROSSROADS DISTRICT MY PROJECT IMPROVE THE BIKE AND PEDESTRIAN LANGUAGES.

>> WITHIN THE NORTHWEST QUADRANT OF THE CROSSROADS DISTRICT BY CONNECTING TO THE PROFESSIONAL VILLAGES WHICH IS THE MAIN OFFICE COMPLEX AND LADY'S OFFICE AND THEN CONNECTING TO THE NORTH SO IT KIDS RIGHT AT WHAT THE LADY'S ISLAND PLAN ENCOURAGES FOR THIS

PARTICULAR AREA. >> IT'S COMPATIBLE WITH THE IMMEDIATE VICINITY.

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>> YES, WE'LL HAVE NO ADVERSE EFFECTS ON ADJACENT LANDS. >> THERE WILL BE NO ADVERSE EFFECTS ON ADJACENT PROPERTIES . EXCUSE ME.

HEAD OF THE ADJACENT LANDOWNERS ARE ALL IN SUPPORT OF THIS PROJECT.

>> I DON'T THINK ANY OF THEM ARE THE ADJACENT LANDOWNER MITIGATES ADVERSE IMPACTS ON TRAFFIC AND CONGESTION. IT DOESN'T SAY LIMITING. IT SAYS MITIGATES.

SO THE WORDS ARE IMPORTANT MITIGATES ADVERSE IMPACTS ON TRAFFIC AND CONGESTION.

>> YES, ADVERSE IMPACTS ARE MITIGATED BY INCORPORATE WRITING ALL OF THE CIA

REQUIREMENTS. >> THE SUGGESTIONS AND APPROVALS OF THE CITY UP THE CITY'S TRAFFIC ENGINEER AND THE SC DOJ THE SC D.A. SAID THERE WERE NO EXTERNAL MITIGATION

NECESSARY PERIOD. >> WE'LL HAVE NO ADVERSE EFFECTS ON THE ENVIRONMENT

INFRASTRUCTURE OR INCREASE THE NEED FOR GOVERNMENT SERVICES. >> THERE WILL NO ADVERSE EFFECTS ON THE ENVIRONMENT INFRASTRUCTURAL OR INCREASED THE NEED FOR THE GOVERNMENT SERVICES. THIS PROJECT IS SQUARELY IN THE LADY'S ISLAND PLAN.

BUILDING CORRIDORS I'VE MET ALL THE LEGAL REQUIREMENTS IN THE COUNTY CODE AND THE COMPREHENSIVE PLAN TO ENSURE THIS PROJECT IS APPROPRIATELY DEVELOPED WHICH IS THE PURPOSE

OF THE SPECIAL USE PERMIT. >> I HAVE ALSO MET ALL COUNTY SPECIAL USE REVIEW STANDARDS FOR THE SPECIAL USE PERMIT WHICH I JUST ARTICULATED AND THEREFORE SUBMIT TO YOU THAT YOU HAVE NO LAWFUL REASON TO DENY MY SPECIAL PERMIT USE PERMIT AND YOU MUST CONSEQUENTLY AS A MATTER OF YOUR OWN LAW APPROVE MY PERMANENT NEED CLARIFYING

QUESTIONS THAT I CAN ANSWER. >> HAVE ONE ON YOUR SITE. >> PLAN YOUR SHOW ON THE SIDEWALK THAT GOES INTO THE ISLAND PROFESSIONAL BUILDING BLOCK.

>> I LOOKED AT THE COUNTY SITE TODAY THAT APPEARS TO BE PRIVATE PROPERTY.

IS THAT THEY WORK OUT? YES. HOLDEN OWNS THAT PROPERTY.

I'M WORKING WITH IT. AND. THE SITE PLAN THAT WE'RE DEALING WITH THIS THAT FOUR OF THEM DO. IT'S THE ONE THAT'S TAKEN FEBRUARY 9TH. YES. OK.

YEAH, YEAH. YEAH. THE POINT I WAS GOING TO MAKE EARLY STRAUSS-KAHN IS THAT IN YOUR INTRODUCTION YOU SAID THIS USE IS PERMITTED BUT THE CODE SAYS IS THIS YOU MAY BE PERMITTED. THERE IS A DISTINCTION THAT THERE IS A DISTINCTION IN THAT IN THAT THAT'S THE DISTINCTION I WAS GETTING AFTER.

YES. MY POINT WAS THAT THIS IS NOT A YES OR NO LIST FOR THE PROJECT UNDER WHAT CONDITIONS YOU HAVE . THAT'S MY POINT.

AND THAT'S HOW I INTERPRET THE LAW. I'M NOT SURE I AGREE WITH YOU BECAUSE THE CRITERIA FOR A SPECIAL USE FOR SOME OF THEM THAT ARE FAIRLY SUBJECTIVE AND THEY ARE MATTERS UPON WHICH REASONABLE MEN CAN DISAGREE. AND MAYBE IT'S PERMITTED.

MAYBE IT MEETS THOSE CRITERIA. MAYBE IT DOESN'T QUESTION. THE LAST SITE PLAN WE GOT YOU CAME THE PARKING INCIDENTALLY AND THE TURN IN THE TRUCKS IS GONE.

LOOKS LIKE SOME OTHER RETENTION LOTTERY TENSION HAS CHANGED AS YOU'RE LOOKING FROM THE STREET TO THE BACK SIDE WHERE YOU'VE PUT NEW PARKING OVER TO THE RIGHT.

THAT AREA BEFORE WHAT HAD SAID WATER RETENTION AND A TURNAROUND FOR TRUCKS THEY SOLD

FOR TRUCKS. >> THAT'S GOING TO BE USED FOR THE TURNAROUND FOR DRUGS EVEN

IF IT'S FOR CARS AND TRUCKS GOING DOWN. >> NO.

SINCE THE LAST TIME I ACTUALLY TOOK THE OPPORTUNITY TO GO BACK TO THE SRT AND THEY HAD PRIVATE I HAD SOME CONCERNS ABOUT THE INTERNAL FLOW OF THE PROPERTY AND THEY ARE IN SUPPORT OF THAT

LATEST PLAN. >> WHATEVER I'M OFFERING THE MARKET OF THE ENTIRE PLAN INCLUDING PARKING AND RIGHT DOWN THE EMAIL QUESTIONS THEY CAN IS GUARANTEE.

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IF YOU REMEMBER AT THE LAST MEETING JANUARY 27 THE BOARD WAS PRESENTED WITH A REVISED PLAN AND WITH A TRAFFIC IMPACT ANALYSIS AND AT THAT TIME THE TRAFFIC IMPACT ANALYSIS WAS PREPARED BY STAN TEC ON BEHALF OF THE APPLICANT AND THEN THE COUNTY HAD JENNIFER BEAL BEAL ENGINEERING REVIEW IT ON BEHALF OF THE COUNTY. TWO BIG CONCERNS THAT CAME UP FROM STAFF WAS THAT THE TRAFFIC IMPACT ANALYSIS WAS BASED ON A SITE PLAN THAT YOU DID NOT HAVE. IT WAS BASED ON A PLAN THAT HAD TWO EXITING LANES AND ONE ONE LANE COMING IN AND THEN THE OTHER ISSUE WAS SERIOUS CONCERN ABOUT STACKING LEAVING THE SITE DURING PEAK HOURS AND SO ORIGINALLY THE STAFF RECOMMENDED WAS THAT THOSE CONDITIONS BE MET WHEN THEY SEEK FINAL DEVELOPMENT PERMIT APPROVAL FROM THE STAFF THAT THE BOARD RECOMMENDED THAT SHE WANTED TO SEE THE REVISED PLAN. THAT'S WHAT YOU HAVE BEFORE YOU. AND AS MR. TRASK IT MENTIONED AS PART OF THAT REVIEW WE HAD TO GO BACK TO THE STAFF REVIEW TEAM ON FEBRUARY 9TH. I WANTED TO MAKE THE CBO IS AWARE BECAUSE THIS CAME UP AT SOME OF THE PREVIOUS MEETINGS THAT, YOU KNOW, HIDE TO WHAT MR TRUSS SAID ABOUT MEETING CONDITIONS. I AGREE THAT WE HAVE BEEN WORKING WITH THE APPLICANT TO MEET A SET OF CONDITIONS AND IF THIS WERE A CONDITIONAL USE SOMETHING THAT IS APPROVED AT THE STAFF LEVEL THAT WOULD BE ONE THING.

>> WE WE ARE YOU KNOW WHEN VINCE A CONDITIONAL USE THERE'S A SET OF CONDITIONS THAT ARE IN ARTICLE 4 AND THAT WE ARE YOU KNOW YOU KNOW THE APPLICANT IS REQUIRED TO MEET IN THE SITE PLAN. BUT THIS IS A SPECIAL USE. AND SO THIS HAS MUCH GREATER SCRUTINY. THE DECISION IS NOT HAVE THE STAFF LEVEL IT'S AT THE ZB AWAY LEVEL, YOU KNOW. AND SO THAT IS TAKEN INTO ACCOUNT, YOU KNOW, ADDITIONAL FACTORS SUCH AS YOUR OWN YOU KNOW, I THINK MR. WILLIAMS PUT IT YOU KNOW, THE YOU KNOW, REASONABLE OWN ASSESSMENTS OF WHETHER THEY'RE MEETING THE CRITERIA THAT THE SPECIAL USE PERMIT MUST MEET. AND THE OTHER THING I'LL MENTION IS THAT THE LANGUAGE OF THE SPECIAL USE SAYS THIS IT SAYS USE DESIGNATED AS REQUIRING A SPECIAL USE PERMIT IN THE ALLOWED USE TABLE IN ARTICLE 3 IS USED THAT MAY BE APPROPRIATE SAYS MAY BE APPROPRIATE IN THIS ZONE BUT BECAUSE OF ITS NATURE EXTENT OR EXTERNAL EFFECTS REQUIRES SPECIAL CONSIDERATION OF ITS LOCATION DESIGN AND METHODS OF OPERATION BEFORE IT CAN BE DEEMED APPROPRIATE IN THIS INCOMPATIBLE WITH ITS SURROUNDINGS.

>> SO I JUST WANTED TO MAKE THE DVLA AWARE THAT WITH THE SPECIAL USE YOU HAD THAT DISCRETION TO MAKE THAT DETERMINATION IS STAFF WE HAVE TO FOLLOW YOU KNOW, CRITERIA

THAT ARE IN THE CODE WHETHER THEY'RE MEETING OR NOT. >> ANOTHER ISSUE THAT I NEED TO BRING TO THE BOARD'S ATTENTION AND THIS IS SOMETHING THAT WE ARE CONSIDERING VERY CAREFULLY AS STAFF IN MAKING OUR RECOMMENDATION IS THAT WE ORIGINALLY ORIGINALLY WENT TO THE PLANNING COMMISSION AT THE DECEMBER 6 MEETING WITH A SERIES OF AMENDMENTS TALK RIGHT THROUGH STANDARDS PRIMARILY TO ADDRESS SOME OF THE CONFUSION THAT CAME UP IN OUR OCTOBER MEETING WITH RESPECT TO THE WAY OF BUILDING ADDRESSES THE STREET IN A WAY IT'S CONFIGURED ON THE SITE. BUT AT THAT MEETING OUR PLANNING COMMISSION SPECIFICALLY REQUESTED THAT STAFF HAD ADDITIONAL RESTRICTIONS AT THAT TIME THEY SET FOR SITES THAT ARE ON CORNER LOTS THAT THEY PROVIDE THEIR ACCESS ON THE SECONDARY STREET. WHEN THE PLANNING COMMISSION MADE THAT AS A CONDITION WE MADE THE CHANGES WENT TO THE NATURAL RESOURCES COMMITTEE OF COUNTY COUNCIL WHICH IS YOU KNOW THAT THAT'S KNOW AMENDMENTS. THAT'S THE PATH THAT THEY TAKE.

THEY WERE VERY ADAMANT AT THAT MEETING THAT THAT NOT BE JUST SIMPLY IF THEY'RE ON A CORNER LOT FIFTY CONSIDERATION THAT WE MAKE AN AMENDMENT THAT ALL DRIVE THROUGH RESTAURANTS HAVE TO HAVE A SECONDARY MEANS OF EGRESS FROM THE SITE AND SO THAT CONSIDERATION THAT AMENDMENT IS GOING TO BE CONSIDERED BY COUNTY COUNCIL MONDAY AT THE FEBRUARY 20TH

MEETING. >> SO WHILE YOU KNOW WITH THE EXISTING ORDINANCE, YOU KNOW

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THAT IS NOT IN THE LAW. >> IT IS BEING CONSIDERED BY COUNCIL AT MONDAY'S MEETING AND AT THAT BECAUSE OF THAT STAFF CANNOT SUPPORT GRANTING A SPECIAL USE THIS TIME BECAUSE IT IS THE WILL OF OUR PLANNING COMMISSION WHICH IS THERE THE PRIMARY YOU KNOW THERE ARE DESIGNATED BY COUNTY COUNCIL WE CONSIDER PLANNING ZONING MATTERS AND THE NATURAL RESOURCES COMMITTEE WHICH IS THE COMMITTEE MADE OF COUNCIL MEMBERS SPECIFICALLY TASKED

WITH LOOKING AT PLANNING AND ZONING ISSUES. >> BOTH OF THOSE ARE FEEL VERY STRONGLY AND I WOULD SAY AS A RESPONSE TO THIS PARTICULAR DEVELOPMENT THAT WOULD MAKE

THIS EVIDENCE THE ORDINANCE. >> SO JUST A REMINDER THE CBOE HAS YOU KNOW, THERE IS DISCRETION THAT YOU HAVE IT'S DECISION MAKERS WHETHER OR NOT TO GRANT SPECIAL USE PERMITS,

YOU'RE NOT BOUND BY MEETING A SPECIFIC LIST OF CRITERIA. >> THAT'S WHAT WE'RE BOUND TO IS STAFF. SO I WANTED TO REMIND YOU OF THAT AS LONG AS YOU HAVE FINDINGS FOR MAKING YOUR DECISION. YOU HAVE THE FREEDOM TO TO YOU KNOW, TO APPROVE DENY THE SPECIAL USE PERMIT IS STAFF BECAUSE OF THE THE THE POLITICAL I WOULD SAY THAT THE STRONG WILL OF THE PLANNING COMMISSION AND THAT'S RESOURCE THE COUNTY COUNCIL WE CANNOT RECOMMEND APPROVAL AT THIS TIME.

>> SO YOU'RE SAYING EVEN THOUGH THAT EVEN THOUGH THIS APPLICATION MEETS ALL THE PERMANENT REVIEW STANDARDS FOR SPECIAL USE YOU WANT TO HOLD UP MR. TRASK AND CHANGE THE RULES

ON IN THE MIDDLE OF THE GAME? IT IS COUNTY COUNCIL. >> IT WANTS TO DO THAT AND THEN I IF LIKE COUNTY COUNCIL CAN'T DO THAT. WELL THEY CAN'T BUT I BELIEVE THAT THAT SET OF CIRCUMSTANCES THAT THAT OUR GOVERNING BODY IS CONCERNED ENOUGH ABOUT THIS DEVELOPMENT THAT THEY'RE CHANGING THE ZONING ORDINANCE SENDS A CLEAR MESSAGE TO STAFF AND SO WE UNDERSTAND THAT IT SENDS A CLEAR MESSAGE TO STAFF THAT YOU WANT TO VIOLATE MR.

TRASK, YOUR RIGHTS. >> NO, IT'S NOT OUR DECISION. >> IT'S THE CBOE DECISION AND YOU HAVE ALL THE CRITERIA IN ARTICLE 7 IN ORDER TO RENDER THAT DECISION.

>> SO ARE YOU DISAVOWING NOW YOUR YOUR RECOMMENDATION ON FEBRUARY 10, 20, 22?

YES. >> WELL, I MET WITH OTHER STAFF MEMBERS INCLUDING COUNTY AND INDUSTRY. SO THEN I NEED A DETAILED EXPLANATION NOW OF HOW, YOU KNOW, THESE RECOMMENDATIONS HAVE CHANGED. OK, GOOD.

I DON'T HAVE THAT RECOMMENDATION ON FILE. I HAVE A REVISED STAFF REPORTS

WHICH I'VE SUMMARIZED MY PRETTY. >> I'LL BE FRANK ABOUT THIS WAS PRAISING MR. MERCHANT SIR KEN, I WILL REMIND YOU THAT IT IS STILL THIS BOARD'S DECISION.

>> IT'S NOT STEPS, SIR. >> I HAVE TO TELL YOU IT HAS BEEN A LOT OF TIME REVIEWING THIS DOCUMENT IN FOR YOU TO COME IN HERE AND NOW SAY THAT IT'S YOU'RE NOT GOING TO SUPPORT IT WITHIN THIS MEMORANDUM ON WHERE DID YOU SAY YOU DID SUPPORT IT WITH CONDITIONS? I'M GETTING THE WRONG SIGNAL HERE.

>> YEAH, YEAH. DO YOU WANT MARILYN REMIND THE COUNTY ADMINISTRATOR.

>> SO I BUT YOU KNOW, IF YOU READ INTO THAT FIRST ANALYSIS, DOES IT SAY IN THERE THAT THE STAFF RECOMMENDS APPROVAL? YES. YES.

SPECIFICALLY YES. APPROVED WITH THE DILIGENCE I WAS GOING TO READ.

DID YOU LIKE TO SEE SECTION HAVE THE AND THE CONDITIONS HAVE NOT BEEN ADEQUATELY GRABS ? WELL, I THINK THAT'S GOING TO HELP SATISFACTION.

WELL, THAT'S BECAUSE THEIR POST APPROVAL CONDITIONS WHERE LET ME FINISH WE.

>> ALL RIGHT. GRAB FOR USE IN THIS COUNTY EVERY DAY I GREW PAST TO TODAY AROUND 4:00 THAT HAD TRAFFIC BACKED UP AND TO ST. ROSE AND INTERSECTIONS BLOCKING TRAVEL

LANES ON BOUNDARY STREET. >> ONE OF THEM HAD TO BE A DUNCAN DONUTS.

THE OTHER ONE HAD TO BE A CHECK FOR LIFE. THAT HAD ME BLOCKED OFF FROM GETTING TO MY HOME AT LUNCH DRIVE THROUGH RESTAURANTS RIGHT NOW ARE CREATING A PROBLEM ALL OF CROSS THIS COUNTY AND IN OTHER JURISDICTIONS SO STYLE HAS TO REEVALUATE THOSE

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>> AND HOW THEY'RE LIKELY TO CONTINUE TO OPERATE FOR THE FORESEEABLE FUTURE.

MR. TRASK PROPOSED DUNKIN DONUTS SITE IS LOCATED ON A ROUTE THAT IS GOING TO GO

UNDERGO TRANSPORTATION IMPROVEMENTS IN A FEW YEARS. >> BUT THAT'S GOING TO BE A FEW YEARS DOWN UNTIL THE TIME THAT THAT OCCURS. THERE COULD BE SEVERE TRANSPORTATION COMPLEX AND SEVERE TRANSPORTATION PROBLEMS .

>> NOW CLEARLY IT DOESN'T WHAT HASN'T YET. STUDIES SHOW THAT THERE WON'T

BE THOSE PROBLEMS. >> MR. WILLIAMS, DO NOT INTERRUPT ME AGAIN.

PLEASE LET ME FINISH UP. THANK YOU. THIS IS OUR BOARD, SIR.

WELL, IT MIGHT BE ON BOARD BUT IT'S MY PODIUM AND I HAVE IT RIGHT NOW.

>> THERE IS GOING TO BE TRANSPORTATION ISSUES VERY LIKELY WITH THIS WHAT IS USED AS THERE ARE TRANSPORTATION ISSUES WITH UNDER EXISTING DROUGHT THRESHOLDS THROUGHOUT THIS COUNTY. SO THE COUNTY COUNCIL ASKED STAFF TO EVALUATE THAT AND TO

TRY TO ADDRESS THAT CONCERN. >> WE'VE DONE THAT. WE'VE GIVEN THEM AN AMENDMENT WE PRESENTED THAT AMENDMENT TO THE NATURAL RESOURCES COMMITTEE THAT COUNTY COUNCIL ASK US TO GO BACK AND LOOK IN TO SOME ADDITIONAL THINGS RIGHT DOWN TO THE SEVERITY OF SAYING THAT A DRAFTY RESTAURANT COULD NOT HAVE A CURB CUT ON ANY MAJOR ROAD IN THIS COUNTY THAT ALL

THEIR ACCESS HAD COME THROUGH A SECONDARY DRIVE. >> I WAS UNCOMFORTABLE MAKING THAT LEAP AS A BOTH A PLANNER AND A COUNTY ADMINISTRATOR. SO I ASKED THE COUNTY COUNCIL NATURAL RESOURCE TO GIVE US TIME TO EVALUATE THAT SO THAT WE COULD CHECK OUT THE LEGAL

EASE OF DOING SUCH A SUCH A STEP. >> WE ARE GOING GONNA BE TAKING THAT AMENDMENT BACK TO NATURAL RESOURCES ON MARCH 7 FOR THEM TO MAKE A DETERMINATION.

SO ALL OF THOSE THINGS. ROB DIDN'T CHANGE HIS RECOMMENDATION ARBITRARILY.

HE CHANGED HIS RECOMMENDATION BASED ON INFORMATION THAT WAS PRESENTED TO HIM FROM THE TIME THAT YOU WERE DEBATING THIS ISSUE. AND ASK HIM FOR MORE INFORMATION. YOU ALL HAVE ASKED FOR ADDITIONAL INFORMATION.

THIS IS WHAT THE FIFTH TIME MR. TRASK HAS BEEN BACK TO DEAL ON THIS ISSUE.

SO YOU NEEDED MORE INFORMATION TO MAKE THE APPROPRIATE DECISION? ROB NEEDED MORE INFORMATION TO MAKE PERFECT RECOMMENDATION AND BASED ON THAT ADDITIONAL INFORMATION HE USED THAT INFORMATION TO MAKE A DIFFERENT RECOMMENDATION SO YOU CAN DISAGREE WITH IT IF YOU WANT TO BECAUSE I SHOULD WRITE THE ZONING BOARD OF APPEALS.

AND YOU CAN CLAIM THAT THIS IS AN APPROPRIATE LOCATION FOR DUNCAN.

NO, NOT WITH THE DRIVE THROUGH OFFER OF A SINGLE ACCESS. IF YOU WANT TO ACCOMMODATE CHIRAC AS A MEMBER WITH THE ZONING BOARD OF APPEALS BUT YOU CAN'T COME DOWN ON ROB FOR CHANGE IN HIS RECOMMENDATION BECAUSE HE GOT ADDITIONAL INFORMATION BECAUSE YOU ASKED FOR ADDITIONAL INFORMATION BEFORE YOU MADE YOUR DECISION SO THAT YOU COULD MAKE THE MOST

WELL-INFORMED DECISION THAT YOU COULD MAKE BEFORE DECIDING. >> SO I'LL BE GLAD TO ENTERTAIN ANY COMMENTS OR QUESTIONS, MR. WILLIAMS, FROM ANYONE ELSE IF I MAY THIS THE FEBRUARY 24TH MEMO

THAT WE JUST RECEIVED. >> IT SAYS ON FEBRUARY 2022 BEAUFORT COUNTY STAFF OR BEAUTY SRT REVIEW THE UPDATED SITE PLAN FOR A SPECIAL USE PERMIT FOR A DRIVE THROUGH THE RESTAURANT. AT THAT TIME THE SRT DETERMINED THAT THE PLAN MET THE CONDITIONS THAT STAFF REQUESTED. THIS PLAN HAS BEEN PROVIDED THE PACKAGE FOR CBSA MEMBERS SO THE STAFF REVIEW THE ADDITIONAL INFORMATION AND FOUND IT ACCEPTABLE. THEY SAID THIS MATTER REQUIREMENTS OF THE CDC.

THAT'S DIFFERENT THAN OUR RECOMMENDATIONS AND MET THE CONDITIONS THAT STAFF REQUEST.

OK, OK. AND THE ONLY THING NOW THAT HAS CHANGED IS IS THE POLITICAL

ATMOSPHERE. >> NO, THE POLITICAL THE INFORMATION AND THE.

AND THE COUNTY COUNCIL HAS ASKED US TO PROCESS IN A MEMO TO LOOK AT ACCESS ON GRAFT.

THE POLITICAL ATMOSPHERE HASN'T CHANGED THE ATMOSPHERE OF THE WHITE TRUCK DRIVE THROUGH RESTAURANTS ARE IMPACTING OUR PUBLIC ROADWAYS AND OUR THOROUGHFARES IN THE COUNTY, THROUGHOUT THE COUNTY AND PROBABLY THROUGHOUT THE STATE OF SOUTH CAROLINA AND THROUGHOUT THE COUNTRY. CHANGE WHERE YOU'VE GOT PEOPLE SITTING IN PUBLIC THOROUGHFARES

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I DEAL WITH IT ALL. >> IT DOESN'T EXACTLY GET BACK AND I'LL JUST TAKE ALL THAT INTO EFFECT. WE DON'T KNOW WELL BECAUSE WE'VE LET YOU.

>> BUT YOUR ENGINE. YOU'RE THE COUNTY'S ENGINEER SAID IT DID TRAFFIC IMPACT AT THIS TAKE INTO ACCOUNT AVERAGE TROOP COUNTS FOR DRIVE THREE RESTAURANTS AND THE THE TRANSPORTATION ENGINEER'S MANUAL. THAT'S THE INSTITUTE

TRANSPORTATION ENGINEERS FIELD. >> THE BEST RAIL. >> THAT HELPS BECAUSE OF THE PANDEMIC AND THE OPERATION DRIVE THROUGH RESTAURANTS HAS CHANGED DRASTICALLY IN THE LAST LETTER THAT WE'LL GET HAS TO HAVE A SET OF OBJECTIVE CRITERIA TO FOLLOW.

GOING THROUGH THIS PROCESS YOU CAN'T JUST SAY WELL WE'VE DECIDED THAT THAT STANDARD IS NO LONGER VALID. WE'RE GOING TO CHANGE THE RULES IN THE MIDDLE OF THE DAY.

YOU JUST SAID EARLIER MR. WILLIAMS THAT THE CRITERIA WERE SOMEWHAT SUBJECTIVE.

THE LIKE. BUT THIS IS BUT THIS IS COMPLETELY OUTSIDE.

YOU'RE ASKING US TO BASE IT ON A FUTURE PATH. YOU CAN'T HAVE IT BOTH WAYS.

I'M NOT GOING TO HAVE IT BOTH WAYS. DAVID MOORE, YOU'RE TRYING TO PULL THE RUG OUT FROM UNDERNEATH MR. TRASK HERE. WE'RE NOT.

THERE IS NO RUSH. MR. KRAFT IS NOT STANDING ON A RUG.

HE IS HE HAS A PENDING APPLICATION BEFORE AND HE'S ENTITLED CAN'T DECISION BASED ON THAT APPLICATION WITH THE RULES THAT ARE IN EFFECT RIGHT NOW.

HE HAS A PENDING APPLICATION THAT SAYS THAT IT HAS TO COME THROUGH A SPECIAL USE PROCESS THAT YOU ALL HAVE TO DECIDE THE USE GIVEN THE SITE THAT HAS BEEN PLACED ON GIVES APPROPRIATE FOR THAT SITE AND THE LOCATION THAT IT'S LOCATED IN.

>> AND YOU WILL HAVE NOT MADE THAT DECISION AND YOU'VE DEFERRED THE DECISION MANY MONTHS BECAUSE YOU APPARENTLY COULDN'T MAKE THE DECISION THAT IT WAS AN APPROPRIATE USE ON THIS PROPERTY. AND THAT'S WHAT YOU DO IT TOO. THAT'S THAT'S AN ASSUMPTION

THAT'S FALLACIOUS. >> WELL, I DON'T KNOW THAT IT IS.

I'M NOT. WHAT DO I DO? YEAH.

WE'RE HERE FOR THE FOURTH OR FIFTH TIME. >> SO I AND I'M NOT ARGUING WITH YOU. I'M JUST TRYING TO CLARIFY WHAT YOU WANT YOUR DUTIES ARE AND WHAT THE SITUATION IS WITH THE SPECIAL YOU WOULD LOSE YOUR JOB.

DIRK HAS THE ZONING BOARD OF APPEALS. HE HAS TO DECIDE AGAIN IF THEY USE THE GIVEN LOCATION IS APPROPRIATE FOR THE SITE THAT THEY USE IS GOING ON OTHERWISE IT WOULD NOT BE A SPECIAL USE REQUIREMENT IN THE CDC. SO RELAX JOB ROB'S JOB THROUGH THE STAFF REVIEW TEAM IS TO MAKE SURE BEFORE IT COMES TO YOU ALL THAT IT'S MET ALL THE REQUIREMENTS THE DEVELOPMENT STANDARDS AND THE CDC FOR IT TO BE ABLE TO COME BEFORE YOU ALL

DO WHAT YOU DID. >> BUT EITHER WAY THE FEB. 10 MEMO, ROB ALSO HAS A DISCARD

HAS A JOB OF MAKING A RECOMMENDATION TO YOU ALL. >> YOU ALL DO NOT HAVE TO

LISTEN TO IT. >> YOU DON'T HAVE TO CONSIDER IT.

HE HAS TO MAKE A RECOMMENDATION TO YOU. >> GIVEN HIS PROFESSIONAL

PLANNING OPINIONS, THAT'S TWO SEPARATE THINGS. >> COMPLIANCE WITH THE CODE AND THE DEVELOPMENT STANDARDS. AND THERE'S ROB'S PREPARE FOR PROFESSIONAL PLANNING STATUTE AS WHETHER OR NOT THIS IS AN APPROPRIATE USE ON THIS PROPERTY.

HE GAVE THAT YOU ALL TONIGHT. YES, IT IS DIFFERENT THAN WHAT WAS INITIALLY GIVEN TO YOU BUT THERE WAS NO DECISION ON THIS ISSUE BY YOU ALL. SO HE HAD EVERY RIGHT TO MODIFY THAT RECOMMENDATION ALTHOUGH YOU ALL CAN DO WITH THAT INFORMATION WHAT YOU WANT TO DO WITH IT. ON THE ON THE POLITICAL ASPECT OF IT, LET ME READ TO YOU WHAT THIS NEW RECOMMENDATION BOTH THE PLANNING COMMISSION WHO IS TASKED WITH ADVISING COUNTY COUNCIL ON PLANNING AND DEVELOP MATTERS AND THE NATURAL RESOURCES COMMITTEE WHO HANDLES MATTERS RELATED TO PLANNING AND DEVELOPMENT FOR COUNCIL HAVE SENT A STRONG MESSAGE THAT THEY DO NOT WANT TO SEE DRIVE THROUGH RESTAURANTS ON MAJOR HIGHWAYS WITH ONLY ONE MEANS OF INGRESS EGRESS FROM THE SITE OF THE MAJOR HIGHWAY. THAT'S NOT PART OF THE RULES RIGHT NOW. OK. AND SO WHAT YOU WANT TO DO IS HOLD UP MR. TRASK WHEN HE COULD WHEN HE HAS APPARENTLY COMPLIED WITH ALL OF THAT.

AS OF FEBRUARY 10 HE HAD COMPLIED WITH ALL THE RULES AND THE STAFF SAID YES.

LET ME LET ME FINISH PLEASE. AS OF FEBRUARY 10 HE HAD COMPLIED WITH ALL THE RULES AND HE MET ALL THE CRITERIA FOR A SPECIAL GROUP. AND NOW BECAUSE OF PRESSURE FROM THE POLITICIANS AND THE PLANNING COMMISSIONER ON THE STAFF WHICH I THINK IS WHOLLY INAPPROPRIATE IF YOU WANT TO CHANGE A RECOMMENDATION AND THAT'S JUST NOT RIGHT.

>> I MEAN YOU'RE IN TOWN YOUR OPINION BUT HE DIDN'T MEET EVERYTHING BECAUSE BUT AS

[00:35:05]

>> AND THAT'S A REQUIREMENT. AND THAT'S THE MAIN REQUIREMENT OF THE CDC THAT YOU ALL HAVE TO

DEEM. >> IT IS A PERFECT SITE. BUT THE BOTTOM LINE HERE EVEN THE BOTTOM LINE HERE IS THE STAFF WANTS TO RECOMMEND APPROVAL DISAPPROVAL NOW BECAUSE THEY MAY CHANGE THE RULES AND THAT'S NOT RIGHT. THAT'S THE ONLY THING THAT'S CHANGED. THE STAFF HAS NEVER HAS NEVER FELT THAT THIS SITE WAS AN APPROPRIATE LOCATION FOR THE FEBRUARY TEMPS AT SRT RECORDS APPROVED THE FOLLOWING CONDITIONS. IT IS. THE STAFF DID RECOMMENDED APPROVAL AND THE TWO CONDITIONS THERE ARE POST APPROVAL CONDITION.

I WILL LET ROBB SPEAK TO WHY HE PUT THAT ANALYSIS IN THERE. BUT ROBIN, I HAVE TALKED EXTENSIVELY ABOUT THIS OVER THE LAST SEVERAL MONTHS. ROB HAS NEVER FELT THAT THIS SITE WAS AN APPROPRIATE LOCATION FOR A DUNKIN DONUTS NEIGHBOR.

IF ROB FELT THAT HE COULDN'T RECOMMEND THE 911 CALLS THAT MET ALL THE REQUIREMENTS OF THE CDC, THEN THAT'S SOMETHING ROB WILL HAVE TO ADDRESS WITH YOU. AND I SUSPECT THAT THAT IS THE

REASON THAT HE DID THAT. >> IF I'M NOT MISTAKEN, EVERY TURN ON THIS MATTER HAS BEEN BEFORE US. IT'S COME BEFORE US WITH A RECOMMENDATION FOR APPROVAL FROM THE STAFF. WELL THEN WHY HAVEN'T Y'ALL VOTED ON IT AS THEY NEED IT

UNTIL ALL THAT YOU TAKE A LOOK AT THE REFERENCE. >> SO THANK YOU ALL.

THANK CLAIMANTS. SIR, I DO HAVE A QUESTION FOR ONE OF REASONS WE DID NOT WAS TO GAIN MORE INFORMATION FOR US AND THE PUBLIC. THIS IS A CONTENTIOUS ISSUE.

WE ALL KNOW THAT CUPCAKE. WE WANT TO MAKE SURE WE MAKE A DECISION BASED ON FACTS, NOT RUMORS AND THERE IS A TON OF RUMORS GOING AROUND. I DO HAVE ONE QUESTION THOUGH BECAUSE I'M NOT REAL SMART. I HAVE ONE OF YOUR CITIZENS ALWAYS CALL ME ON THE PHONE AND TELL ME THAT MR. KRATZ, IF WE DISAPPROVE THIS AND HE TAKES US TO COURT, DO YOU THINK HE WOULD WIN HER IF HE DOESN'T PROVE THIS IF WE DISAPPROVE THIS AND MR. TRASK TAKES THIS ISSUE TO

COURT, WOULD HE WIN? >> WELL, WHAT DO YOU TELL MR. WILLIAMS HAS BEEN ON THE COURT FOR MANY MONTHS. I'M NOT AN ATTORNEY. I THINK I'VE WON A COURT WOULD DIG. BUT I DO KNOW THAT UNDER STATE LAW THE COURT GIVES A LOT OF DEFERENCE TO THE ZONING COURT OF APPEALS AND THEIR POWER.

SO I WOULD THINK THAT THERE WOULD BE A HIGH PROBABILITY THAT THE COURT WILL RULE IN FAVOR OF THE ZONING COURT OF APPEALS WAS CALLED UP SOME COURT CASES OUT THERE BUT YOU WOULD PROBABLY WANT TO ASK YOUR PERSON WHO IS AN ATTORNEY THAT SERVES ON YOUR BOARD.

BUT YES, I DO THINK THE COUNTY YOU ARE AND THE COUNTY WOULD PREVAIL IF YOU DEEM THAT THIS IS AN INAPPROPRIATE LOCATION BECAUSE OF THAT TRAFFIC AND THE ACCESS CONCERNS FOR THAT.

BUT YOU JUST ILLUSTRATED MY POINT. FIRST OF ALL, I DON'T HAVE CITIZENS. I AM A CITIZEN. AND I'M A COUNTY EMPLOYEES.

CORRECT. THEY'RE NOT MY CITIZENS. THEY ARE CITIZENS.

WE'RE ALL CITIZENS OF WRIGHT COUNTY. YEAH.

>> SO. SECONDLY IS YOU ALL ARE NEEDED MORE INFORMATION SO THAT YOU CAN MAKE THE BEST DECISION FOR BROAD NEEDED MORE INFORMATION SO THAT HE CAN MAKE THE BEST DECISION POSSIBLE. HE GOT ADDITIONAL INFORMATION DIRECTION FROM THE PLAN THROUGH A RECOMMENDATION FROM THE PLANNING COMMISSION AND DIRECTION FROM THE COUNTY COUNCIL. SO BASED ON THAT INFORMATION HE CHANGED HIS RECOMMENDATION.

AGAIN, YOU ALL HAVE TO DECIDE WHAT WEIGHT YOU GIVE TO THAT RECOMMENDATION.

WE FEEL IT IS INAPPROPRIATE. I FEEL IT'S INAPPROPRIATE APPROPRIATE FORUM DUNCAN DONUTS TO GO ON THAT PROPERTY WITH ONE ACCESS TO A MAJOR THOROUGHFARE .

THAT'S THE ONE THAT'S ALREADY CONSTRAINING TRANSPORTATION FROM TRANSPORTATION STANDPOINT AND IS GOING TO GO UNDERGO SOME EDUCATION IMPROVEMENTS IN THE NEXT SEVERAL YEARS.

>> RIGHT. >> AND I FEEL THAT WAY IT'S BECAUSE I DEAL WITH IT EVERY DAY IN MY PERSONAL LIFE AND RIDING THROUGH THIS COUNTY AND I SEE PUBLIC THOROUGHFARES CLOGGED WITH CARS SITTING IN THE TRIAL OF RUINS. THAT IS A DANGEROUS SITUATION.

YES, AN ILLEGAL SITUATION AND IT'S NOT RIGHT FOR ALL PEOPLE THAT ARE TRAVELING THAT ROUTE TO HAVE TO OR CHANGE LANES OR TRY TO GO AROUND TRAFFIC SITTING IN A ROAD TO ACCESS AND DRIVE THROUGH AT A RESTAURANT OR TO BE BLOCKED ALL FROM GETTING TO THEIR PERSONAL HOME BECAUSE PEOPLE HAVE BLOCKED OFF A STATE HIGHWAY TO TRY TO GO BUY A CHICKEN SANDWICH.

>> BUT THEY CONSIDER MORE AND MORE QUESTIONS GO AND MORE QUESTIONS WE CAN COULD YOU HAVE

[00:40:08]

COME ON TWO MINUTES. YES. GO GO.

I'M FLABBERGASTED. THIS IS A WAY FOR I GUESS MR. GREENWAY AND TO GET COUNTY IN

COURT. >> I CAME IN HERE WITH THE LATEST ON FOLLOWING THE LAW AND FOLLOWED THE LAW. I HAVE MET ALL THE CONDITIONS OF THE SPECIAL USE AND YES, YOUR ANALOGY ABOUT HAVING THE RUG PULLED OUT FROM UNDER ME IS VERY APT AND THAT'S ILLEGAL

THIS. >> AND SO WE'RE PLAYING BY THE LAW NOW.

AND WHAT MR. GREENWAY IS SUGGESTING YOU DO IS DEFER SO HE CAN CHANGE LAW AND THEN MY PROJECT CAN'T BE APPROVED UNDER HIS RATIONALE THINKING THIS ADDRESS WE'RE GOING TO CLOSE THIS PART OF IT AND NOW WE'RE GOING TO OPEN UP FOR PUBLIC COMMENT.

>> LISTEN, TYPICALLY WE GIVE EACH INDIVIDUAL TWO MINUTES TO SPEAK UP TO TWO MINUTES.

YOU DON'T HAVE TO UTILIZE THE ENTIRE TWO MINUTES IF SOMEONE GETS UP BEFORE YOU AND YOU AGREE WITH THEM. JUST STATE YOUR NAME. YOU GO ON THE RECORD AND SAY HEY I AGREE WITH OKATIE. I'LL AGREE WITH WHOMEVER JUST CAME BEFORE ME.

SO EVERYONE DO NOT HAVE TO SPEAK BUT WE ALL ACKNOWLEDGE OK .

SO FIRST WHEN OUR PUBLIC COMMENT IS MR. KENNY, PLEASE HAVE YOU FILLING OUT PLEASE PRINT. SO MR. OKATIE STYLE THE YOU KNOW YOUR LAST NAME THAT I KNOW WELL THINGS OF YOURS. AND THAT WAS REALLY PAINFUL SEEING YOU GUYS ACT LIKE

CHILDREN. >> SO YEARS A COUPLE YEARS OR SOMETHING LIKE THAT.

I THINK THE PEOPLE THAT SPOKE TO THEM CAME HERE JUST LIKE THESE AND OTHERS EVERYBODY HAVE BEEN HERE OR COME HERE. WHATEVER YOU SAID LAST TIME, I'M SURE OTHER PEOPLE PART OF IT AS WELL. I TOOK OFFENSE TO THAT. NOT PERSONALLY.

I CAN MARRY THE ONE YOU CAN DRIVE FOR FRUIT ISLAND THROUGH TOWN, THE MARSHES, THE BEAUTY.

WE ALL PROBABLY CAME HERE FOR THE SAME REASONS. THE BEAUTY SORRY ABOUT ALL OF THAT BUT YOU WERE PART TO PLAY IN THAT TOO, KEVIN THAT PHONE CALL.

>> I WON'T BRING IT UP IN FRONT OF EVERYBODY. >> SO WITH THIS USE RIGHT HERE YOU DON'T HAVE TO COMMENT ON EVERYTHING. YOU'RE HERE FOR US AND YOU AND YOU'RE A CITIZEN. JUST LET IT GO SO THAT PARTICULAR SPOT RIGHT THERE

IT'S A TERRIBLE PLACE FOR IT. >> TERRIBLE. AND YOU KNOW THAT IN YOUR HEART OF HEARTS I UNDERSTAND YOUR BUSINESS PERSON SO I UNDERSTAND YOU THAT I'D BE UPSET IF I SPENT A LOT OF MONEY TRYING TO FIGURE THAT ONE WHICH I DO THE SAME THING YOU'RE LOOKING AT THIS ONE THAT YOU KNOW YOU HAVE ABOUT 30 SECONDS. LET ME TOUGH.

I'LL DO THAT. THAT'S THAT'S WRONG. THAT PLACE IF SOMEBODY GETS KILLED ON THE LEFT HAND TURN IT ON YOU GUYS NOT WILL NOT BECOME, YOU KNOW, STRANGER.

THEY'VE CLEARLY TOLD THEIR PROFESSIONALS. YOU GUYS HAVE VOTED FOR IT ALREADY. THAT'S WHY THERE'S SO MUCH BACK AND FORTH.

>> LISTEN TO WHAT WE'RE SAYING. THAT'S THE PUBLIC. JUST LISTEN OUR HEART.

USE YOUR MIND. IT'S NOT A GOOD SPOT. GO DRIVE PAST IT.

I LIVE HERE. I KNOW IT'S NOT A BAD SPOT. IT WAS DOWN THE STREET.

YOU MIGHT BE THINKING, MR. KINNEY, YOUR TERM IS UP. MR. JON SHULER, LADDER 17

[00:45:01]

JESSE WHITE. OH YEAH. LET'S JUST WHAT CAN I ASK A CLARIFYING QUESTION BEFORE I START? IT'S THE PUBLIC COMMENT.

TWO MINUTES OR THREE MINUTES I ACTUALLY THIS I ACTUALLY LEAVE IN 30 MINUTES.

>> RIGHT. BUT YOU DON'T HAVE TO USE THE ENTIRE THREE.

YOU SAID I NEVER SAID MY NAME IS JESSE WHITE. THANK YOU.

I HAVE A COASTAL CONSERVATION LEAGUE. I'M HERE TO ASK THEM THE SPECIAL USE PERMIT. HE DENIED THE PROPOSED DRIVE THROUGH USE IS NOT PERMITTED BY RIGHT AND THEREFORE IT MUST MEET HEIGHTENED STANDARDS DEMONSTRATING IT WILL BE APPROPRIATE AND COMPATIBLE. AS WE'VE ALREADY HEARD TONIGHT ,WHILE APPRECIATIVE OF THE APPLICANT PURSUIT OF LOCAL ECONOMIC INVESTMENT ON THE ISLAND, WE BELIEVE THAT THE SPECIAL USE EXCEPTION FOR A DRIVE THERE AT THIS PARTICULAR LOCATION MUST BE DENIED BECAUSE IT'S INCONSISTENT WITH A COUNTY COMPREHENSIVE PLAN INCLUDING THE PLANS OF ENDORSEMENT OF THE 2018 LADY'S ISLAND PLAN AND BECAUSE WILL EXACERBATE TRAFFIC ISSUES ON AN ALREADY CONGESTED CORRIDOR. MANAGING GROWTH, CREATING A WALKABLE VILLAGE CENTER AND MANAGING TRAFFIC CONGESTION WERE THE DRIVING FORCES MOTIVATING AND INFORMING THE LADIES ALLEN PLAN. THEY'RE ALSO DIRECT POLICIES AND OBJECTIVES OF THE COUNTY'S COMPREHENSIVE PLAN. THIS PROJECT CALLS WITHIN WHAT'S BEEN CATEGORIZED THE LADY'S ISLAND VILLAGE WHICH EXTENDS FROM THE BASE OF THE WOODS MEMORIAL BRIDGE TO THE INTERSECTION OF SEA ISLAND PARKWAY AND SANDS POINT ROAD. TRAFFIC CIRCULATION AND CONGESTION HAS LONG BEEN A CONCERN IN THE VILLAGE AREA. THIS IS A QUOTE FROM LAZ ISLAND PLAN AS THE FOCAL POINT FOR THE LATE LADY'S ISLAND. THERE'S GREAT INTEREST IN ENSURING THAT AS PROPERTY IN THE AREA REDEVELOPED IT DOES SO IN A WAY THAT IS A UNIQUE SENSE OF PLACE IS RESPECTED AND A VILLAGE IS CREATED . THE AREA IS THE FOCAL POINT OF LADY'S ISLAND AND NOBODY WANTS TO SEE IT END UP BEING A GENERIC AUTOMOBILE DEPENDENT SUBURBAN COMMERCIAL STRIP. THE LADY'S ISLAND HAD EXPRESSLY RECOGNIZES THAT THE INTERSECTION AROUND SEA ISLAND PARKWAY IN SANDPOINT ROAD WITH YOU MR. TRASK HAS IDENTIFIED AS THE CORRECTLY IDENTIFIED AS THE CROSSROADS HAS DEVELOPED IN A PRIMARILY AUTO DEPENDENT MANNER AND INSTEAD DIRECTS THAT FUTURE DEVELOPMENT AND REDEVELOPMENT OPPORTUNITIES MOVE AWAY FROM

THAT PARADIGM. >> THERE ARE MANY BI RIGHT USES FOR THE SITE.

THAT WOULD BE CONSISTENT WITH THE LADIES ISLAND PLAN AND COUNTY'S COMPREHENSIVE PLAN.

BUT A PROPOSED DRIVE THRU SPECIAL USE IS NOT ONE OF THEM. >> THIS IS A TEXTBOOK EXAMPLE FOR A SPECIAL USE HERE THAT USE BEING REQUESTED AS A DRIVE THRU.

AND THAT'S PRECISELY THE TYPE OF VIEWS THAT ARE GOVERNING PLANNING DOCUMENTS HAVE JUST COURAGE IN THE VILLAGE CENTER FOR LADY'S ISLAND IT'S INCONSISTENT WITH THE SMALL SCALE WALKABLE FUTURE ENVISIONED BY THE COUNTY'S COMPREHENSIVE PLAN THE LADY'S ISLAND PLAN AND THE COMMUNITY BUILT VISION FOR THE VILLAGE CENTER.

>> THERE'S NO QUESTION THAT A DRIVE THROUGH COFFEE FRANCHISE AT THIS LOCATION WILL RESULT IN MORE CARS AND MORE TRAFFIC CONGESTION PARTICULARLY IN THE MORNING WHEN CONGESTION IS

ALREADY BACKED UP ON THIS CRITICAL ARTERIAL ROAD. >> IT'S ALREADY HAPPENING EVERY DAY AND EXISTING DUNKIN DONUTS ON BOUNDARY STREET. AND IT IS THE CONSIDERATION OF ALL THESE FACTORS THAT INFORMS THE SPECIAL USE ANALYSIS UNDER CODE SECTION SEVEN POINT TO POINT ONE THIRTY . THE PROBLEM HERE IS NOT THE PROPOSED DUNKIN DONUTS. IT IS THE DRIVE THROUGH. THANK YOU.

THANK YOU. AS JUDY SMITH. GOOD EVENING.

I CONCUR WITH MRS. WHITE. BUT IN ADDITION TO THAT I'D LIKE TO SAY THAT BEAUFORT HIGH SCHOOL HAS THREE HUNDRED AND TWENTY FIVE YOUNG STUDENT DRIVERS THAT USE THOSE INTERSECTIONS AND THE ROADWAYS EVERY SINGLE DAY. MY CONCERN IS THAT FOR THEIR SAFETY AND THEIR ABILITY TO ENTER BEAUFORT HIGH SCHOOL TO COME TO SCHOOL IN THE MORNING EVERY DAY IN ADDITION TO THE 125 DRIVERS WE ALSO HAVE OVER 200 PARENT DROP OFFS AND

PICKUPS IN THE MORNING. >> SO I JUST ASKED YOU TO CONSIDER THE SAFETY OF THE CHILDREN TO TRAVEL THE ROADWAYS EVERY SINGLE DAY IN SCHOOL. THANK YOU.

THANK YOU. >> AS VICKIE THANK YOU FOR LETTING ME.

>> MY NAME IS VICKI MCKAY. HE AND I'VE LIVED HERE IN SOUTH CAROLINA FOR MORE THAN 30 YEARS AND I CURRENTLY LIVE ON LADY ISLAND. ONE OF THE CONCERNS STATED BY A BOARD MEMBER JAN ZONING BOARD MEETING WAS THERE ONLY A HANDFUL OF PEOPLE VOICING OBJECTIONS TO THE PROPOSAL ESPECIALLY AS PERMIT APPLICATION FOR A DRIVE AT THE RESTAURANT. IN RESPONSE TO THIS CONCERN, THE COALITION CREATED AN ONLINE PETITION AND ACTUALLY AS 530 TONIGHT WE HAVE 943 SIGNATURES .

[00:50:03]

>> TONIGHT I WANT TO SHARE WITH YOU SOME OF THE COMMENTS RECEIVED ON THE PETITION.

>> THEY WILL BECOME A VERY DANGEROUS PROBLEM WITH TRAFFIC BECOMES BACKED UP ONTO THE MAIN

ROAD. >> I'VE SEEN BEFORE IN OTHER CITIES WHO DO NOT THINK THIS

THROUGH. >> IT WILL BE A TOTAL NIGHTMARE WAITING TO HAPPEN.

>> ANOTHER ONE. THE TRAFFIC IS BAD ENOUGH ON THE ISLAND PARKWAY WITHOUT ADDING ANOTHER HIGH IMPACT BUSINESS THAT WOULD DRASTICALLY AFFECT THE MORNING RUSH HOUR TRAFFIC. I OPPOSED DUNKIN DONUTS AT THIS LOCATION BUT WOULD WELCOME IT FURTHER DOWN THE ISLAND PARKWAY TOWARDS ST. HELENA. RIDICULOUS.

LET'S TAKE A LOOK AT HOW WELL THIS WORKED OUT AT THE OTHER LOCATION.

I PERSONALLY LIKED THE FRANCHISE BUT NOT AT THIS LOCATION EXISTING SCHOOL TRAFFIC WORK TRAFFIC. AND NOW THIS ANOTHER PERSON WROTE THE TRAFFIC CONGESTION CAUSED BY CARS TRYING TO ENTER INTO THE DRIVE THRU WILL CAUSE A NIGHTMARE ON SEA ISLAND

PARKWAY DURING MORNING RUSH HOUR. >> I LIVE ON ST. HELENA ISLAND AND TRAVEL THIS WAY A LOT AND I SEE THE CONCERNS ABOUT THIS. ANOTHER PERSON WROTE THERE IS ENOUGH CONGESTION ON LADY'S ISLAND. WE DON'T NEED TO ADD TO IT WITH A DRIVE THROUGH COFFEE SHOP. THE POTENTIAL DANGER ADDING THIS DRIVE THRU AT THIS LOCATION IS NOT A GOOD IDEA. THE INFRASTRUCTURE ON LADY'S ISLAND IS NOT BEING CONSIDERED PLANNING FOR COMMERCIAL GROWTH IN HOUSING. DUNKIN DONUTS DRIVE THROUGH COFFEE SHOP ON SEA ISLAND PARKWAY SHOULD NOT BE APPROVED DUE TO INCREASED TRAFFIC AND CONTINUED INCREASED ACCIDENTS. SEA ISLAND PARKWAY IS ALREADY TOO CROWDED OVER DELAWARE ELEMENT HAS LED TO A TRAFFIC CONGESTION. MOST OF THE TIME A DRIVE THRU ON THE MAIN STREET IS A BAD IDEA. SOMEONE ELSE WROTE.

NOT THE RIGHT PLACE FOR IT. DON'T TURN. >> SEA ISLAND INTO 278.

THE TRAFFIC SITUATION ON THESE ISLANDS ALREADY HORRIBLE. IT IS IRRESPONSIBLE TO ADD A

NEW DUNKIN DONUTS TO THIS TRAFFIC MESS. >> LET'S ALL USE COMMON SENSE.

WE ARE DESTROYING THE QUALITY OF LIFE HERE IN BEAUFORT. >> 10 SECONDS.

SO WE HAVE MANY CONCERNED RESIDENTS ON LADY ISLAND DOTTORE IN OTHER AREAS AS I STATED IN DECEMBER AND JANUARY AND I'LL STATE AGAIN. THE APPLICATION CLEARLY DOES NOT MEET THE SPECIAL USE PERMIT REGULATION AND SPECIFICALLY DOES NOT DEMONSTRATE THAT THE DEVELOPMENT IS DESIGNED TO MINIMIZE ADVERSE IMPACTS ON THE ENVIRONMENT.

TRAFFIC AND CONGESTION. THANK YOU. SOMEONE IN TERMS OF AN BAKER AND GOOD EVENING AND THANK YOU. I'M A NET BAKER. I LIVE ON SAGE DRIVE AND OYSTER BLUFFS ON LADIES ISLAND. AS YOU REMEMBER WHEN WE MET LAST MONTH I OPPOSE THE SPECIAL

USE PERMIT SINCE THAT TIME THAT WE MET LAST. >> WE'VE REACHED OUT TO THE COMMUNITY AS VICKIE HAS NOTED PREVIOUSLY TO FIND OUT MORE ABOUT WHAT OTHER RESIDENTS AND FOLKS THINK ABOUT THIS PROPOSAL. MANY OF THEM WERE AWARE OF IT.

IT WASN'T PARTICULARLY THAT PEOPLE HADN'T RESPONDED. THEY JUST DIDN'T HAVE AN OPPORTUNITY. SO WHAT WE'RE FINDING IS THAT MOST PEOPLE DO DISAPPROVE OF THIS PROPOSAL. THEY ARE NOT IN FAVOR. THEIR BUSINESS OWNERS ACROSS THE STREET WHO ARE VERY CONCERNED ABOUT THE TRAFFIC CONGESTION AND MORE ACCIDENTS.

WE DID A POST ON SEVERAL SOCIAL MEDIA SITES TO GAGE INFORMATION AND TO ENGAGE THE COMMUNITY AND FOUND THAT MOST PEOPLE DID. THE MAJORITY DID OPPOSE THIS PROPOSAL.

MANY HAD RESERVATIONS. DIDN'T NECESSARILY MIND THE COFFEE SHOP BUT HAD SEVERE RESERVATIONS ABOUT THE TRAFFIC CONCERNS AND POTENTIAL SAFETY ISSUES AND THERE WERE FEW WHO DO WANT ANOTHER COFFEE SHOP, I'LL ADMIT THAT. BUT THE OVERWHELMING MAJORITY OF PEOPLE ARE OPPOSED TO THIS TO THIS SPECIAL USE PERMIT ONCE THEY UNDERSTAND THE ONE ENTRANCE ISSUE AND THE INTENTIONAL CONGESTION AT THE LOCATION OF WHERE THE TWO ROADS

COME TO ONE. >> WE HAVE SUCH A BEAUTIFUL AREA WITH LADY'S ISLAND WE WANT

TO MAINTAIN THAT. >> WE WANT TO ADDRESS THE LADY'S ISLAND PLAN GOALS AND WE THINK THAT THIS PARTICULAR LOCATION AND USE DOES NOT MEET THOSE GOALS.

YOU HAVE A RESPONSIBILITY TO LOOK AT THE PLANS TO CONSIDER ALL OF THE RESIDENTS OF THE AREA AND VOTE ACCORDING TO YOUR CONSTITUENTS NEEDS AND DESIRES AND I THINK PARTICULARLY RECOGNIZING THE FULL ROOM TONIGHT WE HAVE A LOT OF PEOPLE WHO HAVE COME TO EXPRESS

[00:55:05]

IT'S NOT ABOUT NEW BUSINESS. IT'S NOT ABOUT COFFEE SHOPS. IT'S THAT THIS IS THE WRONG BUSINESS AT THE WRONG PLACE AT THIS TIME. I URGE YOU NOT TO VOTE TO

SUPPORT THIS SPECIAL USE IT. THANK YOU. >> THANK AS MR. CHAIRMAN GERMANS TO CLARIFY THE AGENDA HE APPROVES OF THREE MONTHS PUBLIC OPPOSITION FIGURES.

IT'S ACTUALLY THREE. I'M CHUCK NEWTON. GOOD TO SEE YOU AGAIN.

HOPE WE DON'T MAKE THIS UP AMONGST THE OCCURRENCE. BUT IT'S THE FOURTH TIME IN FOUR MONTHS WE'VE BEEN HERE BEFORE YOU. I THINK YOU UNDERSTAND OUR POSITION THE SALE AND COALITION POSITION ON THIS ISSUE NOW I'LL TRY NOT TO SIMPLY REPEAT MYSELF . WE COULD SAVE SOME TIME TONIGHT AND GET A DUNKIN DONUTS IF MR. DRAFTSMAN SIMPLY REMOVE THE RIGHT THROUGH WE WOULD SUPPORT A DUNKIN DONUTS ON THAT BASIS WE GET A COFFEE SHOP. HE GETS NO HARDSHIP. EVERYBODY WINS BUT THAT WE'RE NOT THERE YET. THIS IS A PROJECT THAT WILL NEGATIVELY AFFECT ANYONE TRAVELING TO BEAUFORT OR GARDENING. I'M ALONG THE SEAL AND PARKWAY WILL HAVE A LONG LASTING NEGATIVE IMPACT ON LADY'S ISLAND LADY'S ISLAND POPULATION HAS GROWN 51 PERCENT SINCE 2000 FROM NINETY SEVEN HUNDRED TO OVER 14000 IS PROJECTED TO BE EIGHTEEN THOUSAND IN TEN MORE YEARS. RESIDENTIAL DEVELOPMENTS FOLLOW OR PERHAPS STIMULATE THIS GROWTH DESPITE PATCH TOWARDS ZONING OF PIECEMEAL DEVELOPMENT RESIDENTIAL COMMERCIAL COMMERCIAL DEVELOPMENT HAS CONTINUED AND BROUGHT MORE TRAFFIC TO THE ISLAND THAT ITS INFRASTRUCTURE CAN HANDLE BY 2017 WE WERE BRINGING GETS THIS TAPESTRY PROGRESS IS BEING MADE TOWARD ENSURING THE LADY ISLAND LADY'S REMAINS AN ATTRACTIVE PLACE TO LIVE AND WORK AND TRAVEL TO AND FROM A MAJOR TRAFFIC STUDY IN 2017 WILL THE THIRTY MILLION DOLLAR REFERENDUM TO RAISE TAX FUNDS SPECIFICALLY FOR TRAFFIC

IMPROVEMENTS AND DESIGNS ARE MOVING FORWARD. >> THE LADY'S ISLAND PLAN DEVELOPED THROUGH A COLLABORATIVE EFFORT BETWEEN COUNTING DOWN IN THE CITY OF BEAUTIFUL TOWN PORT ROYAL AND MULTIPLE COMMUNITY ORGANIZATIONS, ADVOCACY GROUPS AND MANY CITIZENS PUBLISHED IN 2028 WAS SUBSEQUENTLY ADOPTED UNANIMOUSLY.

BY THE BEAUFORT CITY COUNCIL AND THE BEAUFORT COUNTY COUNCIL .

AS PART OF THAT EFFORT WE'RE CURRENTLY PURSUING THE LADY'S ISLAND TOWN CENTER MASTER PLAN AND ZONING OVERLAY TO BRING SOME SENSE TO THE FUTURE DEVELOPMENT OF THE ISLAND.

IN ADOPTING THIS PLAN AND SUBSEQUENT ACTIONS, THE COUNTY INCORPORATED THE LADY'S ISLAND PLAN INTO ITS OWN COMPREHENSIVE PLAN AND LADY'S ISLAND IS SINGLED OUT AS A SPECIAL FOCUS AND THAT PLAN? THE PROPOSAL YOU BEFORE YOU IS DIRECTLY CONTRADICTORY TO THESE IMPORTANT GOALS FOR LADY'S ISLAND CREATE A WALKABLE LADY'S ISLAND CENTER MANAGED GROWTH, STRENGTHEN NEIGHBORHOODS, MANAGE TRAFFIC CONGESTION, IMPROVE BICYCLE IS THE DESPERATE AND SYSTEMS REQUIRE ADEQUATE PUBLIC INFRASTRUCTURE AND IMPROVED TRANSPARENCY IN

DECISION MAKING. >> DO THIS BY THE BOOK THE CBO FOUR STANDARDS IN THE MILLENNIUM COMMUNITY DEVELOPMENT CODE STANDARDS BY DEFINITION A BROAD PERSPECTIVE HERE THEY ARE AN APPLICANT IS REQUIRED TO MEET NOT JUST ONE OR ANOTHER OF THOSE STANDARDS BUT ALL FOUR OF THEM AND THE APPLICANT WHO SHOULD BEAR THE BURDEN TO PROVE THAT STANDARDS

HAVE BEEN MET. >> WE'VE HEARD NOTHING TODAY FROM THE APPLICANT AS PRECISELY HOW THIS PLAN ADDRESSES MANY OF THESE STANDARDS LET ALONE FOR THE CHECK YEAR THREE WITNESSES AGO IT MAY BOIL DOWN TO A SINGLE ISSUE BECAUSE SO THEIR OFFICE COMPATIBLE WITH A COMPREHENSIVE PLAN WE BELIEVE IT IS NOT AND SHOULD BE DENIED ON THAT BASIS.

>> THANK YOU. >> TOUGHER KATHLEEN. >> HELLO.

>> MY NAME IS KATHLEEN ALREADY . >> I LIVE ON LAFAYETTE STREET WITH MY HUSBAND. WE'VE BEEN HERE A LITTLE OVER THREE YEARS ONCE WE'VE RETIRED FROM THE HUSTLE AND BUSTLE OF THE VERY CONGESTED CITY OF BOSTON.

WE CAME HERE TO BEAUFORT FOR THE SHEER BEAUTY, DELIGHTFUL SCENERY AND HISTORY OF THE AREA . NOW I FEEL AND I KNOW I'M NOT ALONE IN MY FEELINGS.

THAT THE SHEER BEAUTY OF OUR AREA IS SLOWLY BEING ERODED. YES, BY NATURE BUT MORE DEVASTATINGLY BY NON FORWARD THINKING BUSINESSES, DEVELOPERS AND INVESTORS BEAUFORT IS A

DELIGHTFUL PLACE TO LIVE. >> YOU KNOW WHAT? I KNOW IT.

AND SO DOES MANY, MANY OTHER PEOPLE AS EVIDENCED BY THE EXPONENTIAL GROWTH OF THIS COUNTY. THAT BEING SAID TO THE POINT AT HAND DON'T GET ME WRONG FOLKS.

[01:00:02]

FAVORITE. >> MUCH BETTER IN MY OPINION. THEIR GRAND A COFFEE .

YOU START WITH TWO SHOTS ESPRESSO, SOY MILK AND A DASH OF SEDIMENT.

OK. AND YOU GET STARBUCKS. I THINK PEOPLE JUST LIKE TO SAY THAT AND THEN THEY WAIT IN LINE FOR THE INSUBSTANTIAL AMOUNT OF TIME BLOCKING TWO WAY TRAFFIC CAUSING POTENTIAL ACCIDENTS. IF YOU DON'T BELIEVE LOOK AT STARBUCKS ON THE CORNER OF MARSH AND LOVEJOY STRAIGHT OFF BROADWAY.

WHY? PARTLY PERSONALLY WITNESSED TWO ACCIDENTS AND ALMOST WAS A VICTIM MYSELF. NOT ONLY ARE TRAFFIC AN ACCIDENT A CONCERN THE SURROUNDING BUSINESSES SUCH AS BILLY'S BARBECUE WAY BACK BURGERS AND THE QUALITY AND ARE ADVERSELY AFFECTED BY THE CONSTANT ONSLAUGHT OF TRAFFIC. OTHER EXAMPLES OF SEEMINGLY ENDLESS TRAFFIC BLOCKAGES ARE CHICK FILLET AND DUNKIN DONUTS ALL TO ONE BOUNDARY.

WHILE CHICK FIL A HAS ATTEMPTED TO ASSUAGE THIS ISSUE BY CREATING A LARGER PLACE FOR WAITING TRAFFIC ON THEIR OWN PROPERTY. NONETHELESS, AT THE HEIGHT OF BREAKFAST AND LUNCH IT IS PROBLEMATIC. NOW I KNOW SOME OF YOU ARE THINKING BUT THAT'S BEAUFORT WE'RE TALKING ABOUT LADY SILENT TO THAT I SAY EXACTLY LADIES ISLAND ONE OF THE LAST BASTIONS OF BEAUTY IN THIS AREA. NOW LET'S TAKE A CLOSER LOOK AT THE PROPOSED COFFEE DRIVE THROUGH SITE ON CRV PARKWAY ACROSS FROM GREAT COAST BILL.

THIS LIQUOR STORE AND DOWN THE ROAD FROM BEAUFORT HIGH SCHOOL. NOT TO MENTION THE ALREADY DEVELOPED CONDO UNITS AT THE CORNER OF SEA ISLAND PARKWAY IN BERGEN.

IF I AM NOT MISTAKEN. PEOPLE GRAB COFFEE ON THEIR WAY TO WORK AND SCHOOL.

RUSH HOUR CREATING A POTENTIAL TRAFFIC AN ACCIDENT NIGHTMARE. AS I STATED IN THE BEGINNING I LOVE COFFEE BUT I AM CERTAINLY NOT WILLING TO WASTE MY TIME IN LINE TO GET IT NOR AM I WILLING TO BECOME A PART OF A NEW BEAUFORT HIGHWAY HAZARD. PLEASE FOLKS PLEASE USE YOUR

MINDS AND YOUR HEARTS WHEN THINKING ABOUT THIS SITE. >> AND IF YOU MUST HAVE ANOTHER COFFEE DRIVE THRU BE MINDFUL AND CAUTIOUS OF ITS LOCATION. REMEMBER TEENAGERS ARE

RESTLESS. >> THEY ARE CLUELESS AND SOMETIMES MOST ALWAYS THEY ARE CARELESS. LADY SILENT IS FAST LOSING ITS NATURAL BEAUTY AND CHARM AND AT THE PRESENT RATE OF DEVELOPMENT IT'S ONLY A MATTER OF TIME BEFORE ST. HELENS IS NEXT.

AND IF I MAY JUST HAVE ONE MORE SENTENCE, SIR JOHN, I AM VERY UPSET WITH WHAT YOU SAID.

YOUR BIGGEST CONCERN IF YOUR BIGGEST CONCERN HERE WAS IF YOU DO NOT APPROVE THIS.

I DON'T BOTHER YOU. >> OKATIE MAN LET'S NOT MAKE THIS PURCHASE.

NO, MY KEYS ARE PRECISION PERSONAL. YOU'VE GOT YOU'VE BEEN SUCH PERSONAL PART. MY SON THAT'S FOLKS. AS I READ YOUR MEETING WITH SOME OF SOMERVILLE PETER STUFF. YES. THERE ARE SOME RIBAUT RESONANT LADIES IRELAND. I'M HERE TO OPPOSITION TO THE APPLICANT.

THIS IS A POOR LOCATION FOR A DRIVE THROUGH RESTAURANT. I DON'T HAVE THE SAME PROBLEM WITH MR. TRASK BUT IN THE COFFEE SHOP THERE ARE NO SUCCESSFUL COFFEE SHOPS IN BEAUFORT NOW. SO IF YOU KNOW HE COULD BE BREAKING GROUND THAT YOU JUST WANT TO HAVE DUNKIN DONUTS WITH NO BRIBE IN BUT OBVIOUSLY HE CAN'T MAKE MONEY THAT WAY.

HE KNOWS THAT HE KNOWS THAT MONEY IS COMING FROM CARS DRIVE THROUGH.

SO WE'RE REALLY LOOKING AT YOU KNOW, YOU KNOW, A PROJECT THAT'S GOING TO CREATE A LOT OF TRAFFIC NOW ONTO A ROAD THAT IS NOT DESIGNED TO ACCOMMODATE THAT KIND OF TRAFFIC.

NOW AS MR. GREENWALD POINTED OUT HERE EARLIER, THERE'S PROBLEMS ALREADY WITH CARS.

YOU KNOW, GETTING OUT IN THE STREET AND IN OTHER AREAS AND THIS IS GONNA HAPPEN.

LADIES, I BECAUSE IT'S A SMALL ONE. IT'S A NEW TREND AND FORGOTTEN.

MANY OF YOU READ THE WALL STREET JOURNAL YESTERDAY. THERE'S AN ARTICLE IN THERE ABOUT THIS. YOU KNOW THIS THE NEW DYNAMIC THEY'RE LOOKING TO PUT IN DRIVE THROUGH RESTAURANTS ON SMALL LOTS AND THAT'S WHAT WE HAVE HERE.

AND IT'S INAPPROPRIATE FOR THIS AREA. AND MR. TRASK, YOU KNOW, INDICATED THAT HE COMPLIES AND IT'S NOT ENOUGH CAUSE N YOU KNOW, IT'S IN COMPLIANCE WITH THE LADIES. I PLAN I WAS INVOLVED IN THE DEVELOPMENT OF THAT PLAN AND THE IDEA WAS IS THAT WE WERE GOING TO HAVE A WALKABLE COMMUNITY WHERE YOU CAN HAVE A WALKABLE COMMUNITY WHERE YOU HAVE CARS CONTINUAL COMING IN AND OUT ACROSS THE SIDEWALK.

[01:05:07]

SO THEY SPEED UP. I DON'T KNOW HOW MANY YOU DRIVE THROUGH THAT AREA.

OBVIOUSLY, YOU KNOW, ONE OR TWO IF YOU DO YOU KNOW, HAVE YOU EVER BEEN OUT THERE DURING THE DAY TO SEE HOW TRAFFIC FLOWS IN THAT AREA? IT DOESN'T FLOW VERY WELL.

AND I'VE BEEN HERE FOR A LITTLE OVER 10 YEARS AND I'VE NOTICED, YOU KNOW, TRAFFIC IS JUST CONTINUALLY GOTTEN WORSE. THERE ARE MORE ACCIDENTS AND WITH MORE ACCIDENTS WE'RE GOING TO HAVE YOU KNOW, MORE DEMAND ON THE PLATES. SO THAT IS IMPACT ON PUBLIC SERVICES. LAST WEEK RIGHT AHEAD THAT YOU KNOW, IF YOU APPROVED THIS PLAN YOU MIGHT JUST TOSS LADY WEIGHT IN THE TRASH JUST LIKE YOU KNOW EVERY OTHER PLAN THAT WE'VE DONE FOR LADIES I HAVE SEEMS TO HAVE BEEN DONE AND I'LL JUST YOU KNOW, I HAVE ONE MORE THING. IF YOU APPROVED THIS PLAN, IT'S NOT GOING TO GET KIND OF PEOPLE ASKING THEMSELVES WHERE YOU GET THE THING. IT'S JUST LIKE I DID A CITY MEETING OR WE JUST RUN THE SAME DELIVERIES TO TRAFFIC BEFORE BIG SUR FIGHTING HISTORIC

BURNING HISTORIC. >> RIGHT. I'M PLANNING FOR IT.

I'VE BEEN A RESIDENT OF LADY'S ISLAND FOR 22 YEARS AND I'M ALSO IN REAL ESTATE AND SO I AGREE WITH ALL THIS TRAFFIC THING. I MEAN IT'S YOUR OCTOBER MEETING WE DID FOUR AND A HALF HOURS TO YOU. BUT THE OTHER THING I SEE IS THAT I'M GETTING A LOT OF PEOPLE WERE ASKING ABOUT MOVING OFF A LADY'S ISLAND BECAUSE OF THE TRAFFIC CONGESTION. AND RIGHT NOW THE REAL ESTATE MARKET IS A VERY GOOD. PEOPLE ARE GETTING MUCH MORE THAN THEY THOUGHT THEY WOULD FOR THEIR HOMES. SO I DISAGREE WITH THIS. I THINK THAT A PERSON MR. CASTLE HAS A RIGHT TO PUT SOMETHING ON HIS PROPERTY THAT I DON'T THINK DON'T CONDONE IT IS THE RIGHT THING. I THINK IT COULD BE A PROFESSIONAL BUILDING.

A NUMBER OF MY CLIENTS COMING HERE OR HAVING TROUBLE FINDING THAT VARIANCE BECAUSE THERE ARE SO MANY PEOPLE COMING IN WITH DOGS AND OTHER ANIMALS. SO I THINK IT WOULD BE FINANCIALLY FEASIBLE TO BE A PROFESSIONAL BUILDING WHERE PEOPLE COME IN.

THEY'RE THERE FOR A WHILE. THEY POINT OUT A CPA OFFICE ON A LAWYER'S FIRM, SOMETHING LIKE THAT COULD BE FINANCIALLY FEASIBLE. BUT DUNKIN DONUTS IS WRONG FOR THAT SITE. THANK YOU. TAKE IT AS ANOTHER HIT A GLASS

. >> IS IT THAT YOU WANT TO SPEAK ON THIS OF HE'S A HE'S FOR

CARTER OR. >> MY NAME IS CARTER POINT AND I LIVE ON LADY'S ISLAND AND I'LL MAKE THIS VERY BRIEF. I AGREE WITH SO MANY PEOPLE AND SO MANY OF THE PEOPLE THAT I'VE BEEN SPEAKING AGAINST THIS FOR MANY REASONS. I TOO LOVE DONUTS.

KRISPY KREME ACTUALLY ARE MY FAVORITE BUT I DON'T HAVE ANY PROBLEM WITH THIS BUT I DO HAVE A PROBLEM WITH A DRIVE THRU IN THAT PARTICULAR PART OF LADY'S ISLAND.

AS YOU ALL KNOW FROM THE BRIDGE TO ST. POINT ROAD IT IS HORRENDOUS.

IT'S NOT LIKE WAITING FOR THE BRIDGE TO OPEN WHERE YOU HAVE A LOVELY VIEW OF THE RIVER.

YOU'RE LOOKING AT THE LIQUOR STORE. I YOU KNOW, I GO TO THE LIQUOR STORE A LOT OF THE LIQUOR STORE ABOUT AND THERE'S A SAFETY ISSUE.

I MEAN THERE ARE SO MANY ACCIDENTS. WE DO HAVE THE HIGH SCHOOL.

I THINK IT'S JUST COME TO PASS TO PUT THIS TYPE OF A DEVELOPMENT IN THAT IT'S.

WHY DON'T WE WAIT AND LET THIS TRAFFIC PLAYING WITH ALL THIS TAX MONEY THAT WE GATHER TOGETHER PLAY OUT BEFORE WE START PLAYING WITH STUFF ON HOW IT FEELS TO ME LIKE WE'RE PUTTING THE CART BEFORE THE HORSE AND THEN I HAVE TO SAY FROM A PERSONAL LEVEL THE THING THAT REALLY SITS IN MY CRAW I DON'T CARE HOW ANY OF YOU FEEL ABOUT STEWART BUT MR. TRASK HAS A PROBLEM WITH MR. STEWART'S DEVELOPMENTS IN BEAUFORT WHERE MR. TRASK LIVES

[01:10:01]

BECAUSE OF THE TRAFFIC ISSUES. >> BUT HE DOESN'T HAVE ANY PROBLEM COMING DOWN TO LADY'S ISLAND AND ADDING TO OUR TRAFFIC PROBLEMS. I HAVE A PROBLEM WITH THAT.

AND I ENCOURAGE YOU TO SAY NO TO THIS. THANK YOU.

>> AS BETSY HAYS I'VE LIVED ON THE NCAA IN LADY ISLAND AND I'M FAIRLY NEW HERE.

SO I MEAN WITHIN TWO YEARS AND I'LL TELL YOU SOMETHING DRIVING ON CNN PARKWAY IS SCARED.

YOU GOT TO TURN LANE. YOU GOT OLD PEOPLE, YOU GOT YOUNG TEENAGERS.

THEY GO FAST, YOUNG PEOPLE GO SLOW AND YOU DON'T KNOW WHAT'S GOING ON THERE.

THEY'RE TRAVELING IN THE ASSUMING A TRAFFIC STUDY DONE. YES.

I WAS I MISS THAT. BUT IN RELATION TO THIS PROJECT NEAR THE COUNTY'S TRAFFIC

ENGINEER APPROVED RECOMMENDED NO MITIGATION BE DONE. >> HE TRIED HAD A CAR.

I MEAN I REALLY SCARED I. I WILL TELL YOU IT'S FRIGHTENING.

AND OTHERS OUT THERE A SEVERE ACCIDENT LIKE ONE SUITE. AND AS MY FRIEND POINTED OUT, KATHY PALMER, THERE'S ONLY TWO WAYS OFF THIS SITE. YOU GO OVER THE NEW NUMERATOR AND GO THIS WAY OVER OLD BRIDGE AND OTHERWISE YOU DON'T GO ANYWHERE.

AND DURING THE SUMMER WHEN THE VOTES ARE COMING, THAT BRIDGE IS UP ALL THE TIME.

I JUST FEEL LIKE IT'S A BAD SITUATION RIGHT NOW. AND I FEEL LIKE THIS WOULD MITIGATE SOME. THANK YOU AS PAM GOALS FOR WELL ,I WHILE I PREPARE SOMETHING

BUT AFTER HEARING ALL THIS I HAVE TO ADD A FEW THINGS. >> I'M ALSO NEW THIS ISLAND.

I LOVE IT. I COME FROM A VERY HEAVILY TRAFFICKED CONGESTED AREA OF NEW YORK WHICH IS I THINK MORE THAN POSITIVE BUT I LOVE THIS ISLAND.

>> I'VE BEEN THERE FOR A COUPLE OF YEARS BUT I GOT TO BE HONEST WITH YOU.

>> ALL THIS TALK ABOUT THE ACCIDENTAL AND IT'S GOING TO CREATE THIS AND CREATE THAT.

YOU CAN'T POINT FINGERS AT A BUSINESS BECAUSE PEOPLE DON'T TAKE PERSONAL RESPONSIBLE.

WE HAD TO DRIVE. >> I GO AROUND CARS. I GOT THERE ARE CARS THAT ARE

BACKED UP GOING INTO THE THE PLANT PLACE. >> THERE'S CARS GOING INTO

DOCKSIDE. MY FAVORITE RESTAURANT THERE. >> I SLOWED DOWN.

I LOOKED THE OTHER WAY AND I GO AROUND AND I DON'T POINT A FINGER AND SAY THIS IS DOCKSIDE PROBLEM. THIS IS THIS ONE'S PROBLEM. IT'S MY RESPONSIBILITY TO NOT GET IN AN ACCIDENT. I THINK I'M GLAD I'M NOT IN NEW YORK ANYMORE.

THAT'S WHY WE CAME HERE. WE LOVE IT. >> BUT I DON'T I THINK THAT

IT'S BECAUSE THE POPULATION IS GROWING. >> YOU SHOULDN'T BE ALLOWING BUSINESSES BECAUSE THE THE NEED OF THE PEOPLE GOING TO OVERRIDE SERVICES LIKE A DUNGEON.

THAT'S WOULD BE GREAT. YOU ONLY HAVE ONE ON THE OTHER SIDE.

I HAVE MY FRIENDS ON THIS ISLAND. I KNOW A LOT OF CONTRACTORS.

THEY TELL ME THAT THEIR CREW AND THEY WOULD LOVE TO BE ABLE TO.

THEY DON'T GO INTO WHAT THEY WOULD DO FOR A LOT OF THEM STAY ON THIS ISLAND PORT ROYAL.

THEY WOULD LOVE TO BE ABLE TO DRIVE THROUGH AND GET LIKE A COFFEE AND A DONUT.

I'M JUST SAYING THAT ACCIDENTS ARE REALLY THE RESPONSIBILITY OF THE PERSON DRIVING, NOT THE

RESPONSIBILITY OF A BUSINESS. >> I JUST THINK YOU SHOULD THINK ABOUT THAT AND THE POPULATION IS GETTING MORE AND YOU'RE GOING TO HAVE THIS I MEAN I COME FROM LONG ISLAND.

TALK ABOUT CONGESTION. I I'M AN EXPERT. I'M AN EXPERT.

SO THERE'S NO CONGESTION HERE COMPARED TO WHERE I CAME FROM. BUT I DO SEE A FACTOR.

I DO SEE IT BACKED UP. I SEE IT GOING OVER THE BRIDGE AND ALL THAT.

BUT I DO SEE THE OTHER BUSINESSES THAT ARE CURRENTLY THERE.

I DO HAVE TO WAIT. PEOPLE DRIVING NOW A DRIVE THROUGH A DUNKIN DONUTS.

THAT'S WHAT PEOPLE THEY DON'T WANT TO GET OUT OF THEIR CAR AND GO INTO A DUNKIN DONUTS.

I DO SOMETIMES BECAUSE I LIKE THE BREAKFAST SANDWICHES. BUT ALL THE PEOPLE I TALKED TO, ESPECIALLY THE WORKERS I GET UP EARLY USUALLY THEY DON'T WANT TO GET CAR.

THEY WANT TO DRIVE FOOD BY THEIR GUYS. WHAT THEY NEED AND GO TO THEIR JOBS. SO I JUST THINK I THINK IT'S A GOOD IDEA.

>> SO I'M OBVIOUSLY MAYBE THE BIG EMPLOYER LET ME TELL YOU. >> WE REALLY APPRECIATE YOUR

[01:15:08]

WITHOUT YOU. >> COUPLE OF POINTS I'LL DISAGREE ON AND I HAVE ONE REQUEST THAT YOU CONSIDER ONE IS WORKING. YES.

OK, THE FIRST ITEM IS THAT THE REASON THAT THIS BOARD EXISTS AS I UNDERSTAND IT BY SOUTH CAROLINA STATE PLANNING LAWS IS THE RULES CANNOT ACCOMMODATE ALL CONSIDERATION TO THE REQUIRED GOOD FOLKS LIKE YOU HAVE REASONABLE INTELLIGENCE REAL GOOD.

WELL LOOKING AT THE INFORMATION IN FRONT OF YOU TO MAKE THE BEST DECISION POSSIBLE.

>> NOW A QUESTION WAS ASKED EARLIER ABOUT WHAT WOULD HAPPEN IN LITIGATION, LITIGATION AND COURT DECISION BASED ON FACTS NOT UNPROVEN STATEMENTS AS RECENT LITIGATION WHERE WE PREVAIL IS INDICATING COURAGE. YOU'RE NOT TO BE INTIMIDATED BY THAT.

FOR THOSE FOLKS YOU THINK RULES COVER EVERYTHING THEY DON'T. THAT'S MY PANELS LIKE THIS AND OTHER GOVERNMENT PANELS EXISTS AND WE APPRECIATE YOUR SERVICE BECAUSE IT'S NOT POSSIBLE TO ANTICIPATE ALL THE CONSIDERATION AND RULE. THE OTHER THING IS YOU MAY APPROVE THIS TONIGHT IF YOU DO. I HAVE MY REQUEST. I'D LIKE TO SUGGEST TO YOU WHAT IT WOULD BE JUST TO REFLECT WHAT ERIC SAID ABOUT THE POTENTIAL TRAFFIC IMPROVEMENTS IN LADY'S ISLAND TO REFLECT WHAT OTHER FOLKS HAVE SAID ABOUT THE POTENTIAL ISSUES AND TO FRANKLY GIVE PRIOR NOTICE TO THE CORPORATE TENANTS OR OTHER FOLKS WHO MAY PROVE GO BE INTERESTED IN THE SITE AND MAY BE PROVEN TO MAKE A BETTER DECISION IF THEY HAVE

INFORMATION. >> INSTANCE THERE'S A REQUEST BEFORE YOU TO APPROVE

SOMETHING. >> WHAT I WOULD ASK YOU INCLUDED AS A CONDITION OF THAT REQUEST WOULD BE SOMETHING THE OBJECTIVE OF WHICH WOULD BE TO SHIELD THE PUBLIC AND THE GOVERNMENT FROM UNNECESSARY LITIGATION EXPENSE AND CLAIM FOR DAMAGES FROM THE CURRENT OWNER FROM FUTURE OWNERS ARE TENANTS IF THE REQUESTED APPROVAL WAS GRANTED.

WHY PUT IT IN A DEED RESTRICTION? I'M SUGGESTING LAY LANGUAGE IN A DEED RESTRICTION GOALS IN A CORPORATE TENANT FRANCHISE OR FUTURE BUYER WILL REVIEW THE DEED AND KNOW ABOUT THE EXPECTED MEDIAN OR VARIABLE BEFORE COMMITTING TO THIS SITE . BECAUSE WHAT I KNOW IS I DIDN'T COME FROM ACROSS THE OCEAN.

I CAME ACROSS THE STREET IN BACK IN 2009 WE MADE A DECISION AND WE CLOSED A CURB CUTS OR PROPERTY WE OWNED IN THAT AREA OVER THERE. WE SAW THE NUMBER OF ACCIDENTS AND FATALITIES DROPPED DRAMATICALLY SINCE THEN CITY AND COUNTY OTHER FOLKS CAME BACK AND DID THINGS PUT SOME MEDIANS THROUGHOUT THIS ENTIRE THAT REDUCED FURTHER THE NUMBER

OF ACCIDENTS. >> SO AMONG THE THINGS YOU'RE TASKED TO CONSIDER ARE EXTERNAL EFFECTS. THERE WILL BE DEATHS. THERE WILL BE TRAFFIC ACCIDENTS. THERE WILL BE PROBLEMS. WE'LL SEE ISLAND PARKWAY.

THIS THIS PARTICULAR BUSINESS WILL NOT REDUCE THAT. IT MAY WELL SIGNIFICANTLY INCREASE IN WHETHER THAT HAPPENS OR NOT. THERE WILL BE IMPROVEMENTS COMING. IT SEEMED REASONABLE. MR. TRASK IS HERE ASKING THIS REVIEW THAT HE WOULD AGREE THAT IF A MEDIAN OR BARRIER OF SOME SORT IS PUT IN FRONT OF HIS BUSINESS THAT WOULD BE IN THE LEAD RESTRICTION FOR 25 YEARS. I'LL GIVE THIS LANGUAGE TO MR. MARTIN. THANK YOU FOR YOUR TIME. THANK YOU, SIR.

>> ABSOLUTELY. TOTALLY GET IT. >> THANK YOU.

MY NAME'S ACTUALLY JUAN LEE, MY LAWYER AND MAYBE WE CAN STILL BE FRIENDS.

I WOULD LIKE TO SAY FIRST AND FOREMOST I DO NOT SUPPORT ANYTHING THAT WOULD AFFECT MY ABILITY TO GET TO THE LIQUOR STORE. I HAD NEVER THOUGHT WELL I AM

NOT HERE IN ANY LEGAL CAPACITY . >> I DON'T KNOW ANYTHING ABOUT THIS PREMIER. I DON'T DO ANYTHING ABOUT ANY CONDITIONS THAT MAY OR MAY NOT HAVE BEEN MET. I'M JUST SIMPLY HERE TO TELL YOU THAT FOR 11 YEARS MY FAMILY AND I'VE BEEN DRIVING FROM IRELAND ALL THE WAY OUT TO THE DUNKIN DONUTS HERE BECAUSE MY KIDS LOVE DONUTS AND IF THERE WERE DUNKIN DONUTS ON LADY'S ISLAND WE WOULDN'T HAVE TO DRIVE THAT FAR. AND I THINK IF THOSE CHICK FILLET OR LADY'S ISLAND THEN MAYBE EVERYBODY WOULDN'T HAVE TO GO TO THIS ONE AND CLOG UP THE STREET DOWN THERE.

>> AND SO YOU KNOW, AGAIN, I DON'T KNOW IF ANY CONDITIONS HAVE BEEN MET OR ANYTHING ABOUT

THAT. >> BUT I DO THINK IT WOULD BE NICE TO HAVE A OTHER PLACES TO

EAT ON LADY'S ISLAND IF IT'S CONSISTENT WITH THE RULES. >> TWO FINAL POINTS.

NO, I'M NOT SUGGESTING THIS HAS NOT OCCURRED BUT I'VE JUST HEARD THIS TONIGHT FOR THE FIRST TIME. I DO THINK EVERYONE SHOULD OBVIOUSLY BE TREATED EQUALLY AND I ALSO DON'T THINK THAT THE RULES SHOULD BE CHANGED FOR BUSINESS OWNERS MIDSTREAM AND

[01:20:03]

NOT SUGGESTING THAT THAT'S HAPPENED. >> BUT HOPEFULLY EVERYBODY AGREES THAT THAT'S NOT FAIR. THANK YOU FOR YOUR SERVICE AND GOOD LUCK WITH THE DECISION.

>> PLEASE CASTELLANO MY NAME BLAISE CASTELLANO. THANK YOU FOR ALLOWING ME TO SPEAK TONIGHT. I'M HERE TONIGHT BECAUSE I WANT TO SUPPORT THE PROPOSED CONSTRUCTION OF THE NEW DUNKIN DONUTS ON SEATTLE PARKWAY. I AM A RESIDENT LADIES.

A LITTLE WHILE IN GROWTH I DRIVE PAST THAT LOCATION SEVERAL TIMES A DAY ON MY WAY

TO MY BUSINESS ON BOUNDARY STREET. >> I LOVE THE IDEA OF HAVING A DUNKIN DONUTS RIGHT HERE COMMITTED TO OUR RESIDENTS ON LADY'S ISLAND.

I KNOW THAT SOME PEOPLE ARE TRYING TO SAY THAT THIS NEW BUSINESS WILL CAUSE TRAFFIC TO BACK UP ONTO THE PARKWAY AND CAUSE MORE DELAYS. I DISAGREE WITH THIS PREMISE.

I AGREE WITH THE TRAFFIC ANALYSIS. THE LOCATION IS ON THE EASTBOUND SIDE HEADING AWAY FROM THE TRAFFIC AT THE MAJOR INTERSECTION AND NOT TOWARDS TRAFFIC GENERALLY DOES MOVE WELL IN THIS AREA. IN FACT THE BIGGEST BACK UP IS THE TRAFFIC LIGHT BY THE HIGH SCHOOL AND BRIDGE BUT THERE'S ALWAYS TRAFFIC ON THE BRIDGE.

>> I ALSO UNDERSTAND THAT THE PROPOSED LOCATION WILL HAVE ENOUGH ROOM TO STACK UP ALMOST 20 CARS AS MY FLAG MIS ADDRESS AT IT'S 17 I THOUGHT IT WAS 20 THAT IS MORE THAN MOST DRIVE OF RESTAURANTS HAVE AND IS MUCH HIGHER THAN THE OTHER DUNKIN DONUTS IN THE AREA INCLUDING THE ONE ON BOUNDARY WHICH HAS LESS THAN HALF THAT AMOUNT. THERE IS PLENTY OF ROOM FOR THE

CUSTOMERS THAT IT WILL ATTRACT WHICH ARE ALREADY ON THE ROAD. >> THESE ARE NOT NEW PEOPLE THAT ARE GOING TRYING TO LADIES OUT OF DUNKIN DONUTS. THEY'RE ALREADY ON THE ROAD.

SO TO SAY THAT IS INCREASING TRAFFIC IS REALLY A STRETCH IN ADDITION TO LOCATION WILL I

INTO A DINING AREA WITH PARKING. >> SO NOT ALL PATRONS WILL BE LINED UP IN THEIR CARS AND MOST IMPORTANTLY PRIOR TO COLBERT SHUTTING DOWN INTO A DINING DRIVE UP LINES AT RESTAURANTS WERE NEVER AN ISSUE. THE LONG LINES WE HAVE SEEN IN 2020 AND 2021 WERE A RESULT OF CLOSED RESTAURANTS AND RESTAURANTS WITH LIMITED OR NO SEATING CAUSED BY THE SHUTDOWNS WE HAD TO ENJOY SUCH AS CHICK FIL MOST RESTAURANTS DO NOT HAVE THESE RESTRICTIONS ANY LONGER AND MORE ARE OPEN FOR BUSINESS.

LESS PEOPLE ARE LINED UP IN THEIR CARS AND THE LINES ARE GETTING SHORTER AND SHORTER.

>> THIS NEW BUILDING PROBABLY TAKE AT LEAST A YEAR TO COMPLETE AND BECOME OPERATIONAL. I HOPEFULLY EXPECT BY THAT TIME PEOPLE LINED UP IN THEIR CARS TO EAT WILL NOT BE A FACTOR ANY LONGER AS WE HOPE IT WILL NOT BE A FACTOR HERE.

FROM NOW FINALLY THIS IS AMERICA. WE ARE VERY LUCKY TO LIVE IN THIS LAND OF OPPORTUNITY. OPPORTUNITY BRINGS REWARDS PEOPLE WHO SEE NEW BUSINESSES AS PROGRESS. PROGRESS IS GOOD FOR ALL OF US. IT AS AN AIR CONDITIONER AND THEIR CAR WOULD SAY THE PROGRESS IS GOOD. FIFTY YEARS AGO WE DIDN'T HAVE THAT PROGRESS IS A GOOD THING. THIS RESTAURANT WILL IMPROVE OUR NEIGHBORHOOD OPTIONS AND NOT HARM IT AS SOME SUGGEST. I STRONGLY SUPPORT THE CONSTRUCTION OF THIS NEW RESTAURANT AND LOOK FORWARD TO THE CONVENIENCE OF HAVING IT HERE RIGHT HERE ON OUR ISLAND.

THANK YOU VERY MUCH. >> THANK YOU, JAMIE. RICK RANKIN THANK YOU ALL.

I AM HERE REPRESENTING A LARGE NUMBER OF PEOPLE WHO DO SUPPORT THE CANDIDATES ON THIS ISLAND.

I FOR ONE HAVE LIVED ON THIS ISLAND FOR OVER 30 YEARS. I HAVE TWO OFFICES ON LADY'S ISLAND. MY CHILDREN GO TO SCHOOL AND LADY'S ISLAND.

AND I WOULD LOVE NOTHING MORE THAN TO HAVE MORE CONVENIENCES ON LADIES ISLAND.

I GET UP AT LEAST TWO, THREE TIMES A WEEK IN THE MORNING. I'M ON THE ROAD EVERY MORNING BY 7:00. I'M HOME BY 7:00 P.M. AND I AM AT DUNKIN DONUTS ON BOUNDARY STREET. SO IT WILL BE WONDERFUL JUST TO HAVE TO STAY IN A LOCAL AREA WHERE WE ALL ARE. THERE'S OTHERS THAT DO SUPPORT IT.

YOU SEE A LOT PEOPLE HERE THAT DO NOT SUPPORT IT. >> BUT THERE ARE MORE THAT DO SUPPORT THAN DON'T. AND THEY'RE JUST SIMPLY JUST NOT SHOWING.

BUT I THINK WE NEED TO HAVE MORE LOCAL CONVENIENCES ON LADY'S ISLAND TO LIMIT THE TRAFFIC AND ALL OF THE CONGESTION THAT YOU SEE OVER HERE ON BOUNDARY STREET.

BUT WE ALL DO SUPPORT BIG THAT EVERYONE THAT WANTED TO SPEAK ON THIS ISLAND.

>> THANK YOU FOR THAT 10 SECONDS. COLIN, THEY CALL A DEAD BODY IF YOU WANT TO SAY SO. WELL, THEY DID CALL IT DADDY GOOD MANY.

HE WAS SICK AND HE. HE'S BEEN HERE A LONG TIME AND THIS HAS BEEN YOU HAVE TO COME

OVER HERE. >> WELL, IT'S BEEN A SCIENCE. THEY CAME HERE.

I JUST WANTED TO SAY CALL THEM BACK. >> HE COULDN'T BE HERE AND HE WANTED ME TO TELL YOU GUYS THAT DON'T BE SURPRISED IF SOMEBODY GETS KILLED RIGHT AT THAT SPOT.

[01:25:03]

>> I KNOW THAT. BUT THERE'S A LOT TO DO WITH THE EXTRA BUILD UP OF TRAFFIC IN THAT SITUATION. ALL RIGHT. THANK YOU.

AT THIS POINT IN TIME, THIS CLOSE OUT PUBLIC COMMENT, MISS. >> MR. PRESIDENT, YOU STILL WANT THE SAME THING OR SOMETHING? ARE YOU SAYING YOU'RE PRETTY GOOD? YOU DON'T HAVE TO GO UP AGAIN. I JUST WANT TO REITERATE THAT WE'RE A WE'RE A COUNTRY IN A COUNTY OF LAWS. EVERYBODY HAS AN OPINION.

I HAVE MANY OPINIONS AND MANY OPINIONS ABOUT ALCOHOL. AND I'D LIKE TO WALK ON TOP.

CAN'T WALK ON DON'T TALK RARELY GAVE US BUT THAT IS WHAT IT IS. >> AND THEY FOLLOW THE LAW.

THEY FOLLOW THE RULES AND I'M FOLLOWING THE LAW. AND THE RULES AND MY PROJECT IS IN BUT IT IS IN THE CROSSROADS DISTRICT OF THE LADY PLAN WHICH IS WHERE THE LADIES ON PLAN SAYS SHOULD BE. AND MY PROJECT CONNECTS IN THAT QUADRANT TO THE PROFESSIONAL VILLAGES AND THE NORTHERN RESIDENCES JUST LIKE THE LADIES ON PLANS AS IT SHOULD.

MY PROJECT IS MEETS ALL THE ZONING REQUIREMENTS AND THEREFORE IS CONSISTENT WITH THE COMPREHENSIVE PLAN. AND IT HAS AND WILL NOT HAVE ANY ADVERSE IMPACTS ON THE ENVIRONMENT THE NEIGHBORS. AND I HAVE DONE EVERYTHING POSSIBLE TO MITIGATE THE

TRAFFIC PRONE CIA. >> THANK YOU FOR TAKING. ALL RIGHT.

WELL, LET'S CLOSE. YEAH. I'VE GOT SOME QUESTIONS.

MR. MERCHANT. MR. MERCHANT. YES.

THANK YOU, MR. MERGER, IN THIS STAFF'S OPINION, DOES THIS PROPOSAL IS THIS PROPOSED USED CONSISTENT WITH THE COMPREHENSIVE PLANS, GOALS, PURPOSES, OBJECTIVES, POLICIES AND APPLICABLE STANDARDS FOR BUILDING AND STRUCTURAL INTENSITIES AND DENSITIES

INTENSITIES OR USE? >> I WILL SAY THAT IT IS IN TERMS OF THAT IT IS MEETING THE ZONING ORDINANCE ALLOWS FOR PROVISION FOR DRIVE THROUGH AS WE'VE GONE THROUGH THOSE STEPS BUT THERE ARE OTHER FACTORS THAT WE ARE CONCERNED ABOUT WITH A SINGLE ENTRANCE AND EXIT ONTO THIS SITE IF THAT LOCATION AND THAT BASED ON THAT WE ARE WE DO NOT BELIEVE THAT THIS IS

MEETING THE TRAFFIC SAFETY GOALS OF THE PLAN. >> DIDN'T THE COUNTY'S TRAFFIC ENGINEER APPROVE THE DEAL THAT WAS SUBMITTED? YES, THEY DOESN'T MEET ALL THE

REQUIREMENTS OF THE CODE OF TRAFFIC ANALYSIS. >> THEY DID A TRAFFIC IMPACT ANALYSIS. THE THE TRAFFIC IMPACT ANALYSIS BASICALLY RECOGNIZED THAT IT'S IT'S ALREADY A FAILING INTERSECTION AND YOU KNOW, IT DID NOT OFFER ANY OFF SITE MITIGATION AND I SEE DO YOU DO NOT OFFER ANY OFFSITE MITIGATION? I DIDN'T OFFER IT DIDN'T REQUIRE IT DIDN'T REQUIRE IT IT DIDN'T REQUIRE THAT.

>> BUT WE RECOGNIZE THAT THAT WAS THAT IS A DECISION MAKING TOLD THE WE HAD A STAFF AND IF THIS WERE A CONDITIONAL USE AND THEY WERE MEETING CHECKMARKS OF VITO MEETING A CONSENT CONDITIONAL USE WE WOULD HAVE NO CHOICE BUT TO SUPPORT AND ACCEPT THE RECOMMENDATIONS CIA THAT WE ARE LOOKING AT THE BROADER PICTURE AND OUR RECOMMENDATION IS BASED ON THE DISCRETION THAT THIS BOARD HAS TO GRANT A SPECIAL USE PERMIT AND THEN AND WHEN DID THIS CONCERN COME ABOUT BECAUSE ON FEBRUARY 10 THERE WASN'T ANYTHING IN YOUR RECOMMENDATION

ABOUT THAT. >> IT CAME ABOUT BECAUSE WE STARTED ANALYZING THE ISSUE OF THE IMPACT OF DRIVE THROUGH . WE WERE REAR TASKED BY THE NATURAL RESOURCES COMMITTEE OF COUNTY COUNCIL TO DRAFT LANGUAGE THAT RESTRICTED THE LOCATION OF DRIVE THROUGH RESTAURANTS IN THAT ANALYSIS AND IN WORKING WITH OUR OTHER STAFF NUMBERS WE REALIZED THAT THIS RESTRICTION WAS NECESSARY BECAUSE OF THE IMPACT OF DRIVE THROUGH RESTAURANTS A LOT ON OUR MAJOR AND ON ARTERIAL IS IN MAJOR COLLECTORS IN THE COUNTY

. >> BUT THERE'S NOTHING IN THE CODE RIGHT NOW THAT DEALS WITH

THAT IS A NO. >> THIS IS A IT'S A PENDING. WELL, LET ME ASK YOU ANOTHER QUESTION. DOES THIS PROPOSED USE? IS IT COMPATIBLE WITH THE CHARACTER OF LAND IN THE IMMEDIATE VICINITY? YOU KNOW, THE QUESTION WOULD BE

[01:30:05]

CONDITIONS OF THAT T4 NEIGHBORHOOD CENTER DISTRICT. >> SO THAT WENT A LONG WAY TO MAKE THIS COMPATIBLE WITH THE VISION FOR THAT AREA. SO WE STILL HAVE CONCERNS BECAUSE OF THE LARGE INTERRUPTION BECAUSE OF THREE LANES AT ONE AND TWO OUT ALONG A SIDEWALK WHICH IS BEING PROPOSED TO BE IMPROVED AS A PEDESTRIAN YOU 10 FOOT WIDE MULTI USE PATH ALONG THE ROAD BUT FOR THE MOST PART, YOU KNOW THE BUILDING MEETS THE SITE

CONDITIONS OF THAT DISTRICT. >> BUT THERE'S CONCERN PACKED WITH THAT DEVELOPMENT AND CONGESTION THAT IT MAY NEGATE THE PEDESTRIAN SAFETY ALONG THERE.

>> AND WHEN DO THESE CONCERNS COME ABOUT BECAUSE IT WASN'T IN THE FEBRUARY 10 RECOMMENDATION

ABOUT THAT I WOULD SAY THROUGH FURTHER ANALYSIS OF THE SITE. >> DOES THE PROPOSED USE OF THE DESIGN DOES IT MINIMIZE ADVERSE EFFECTS INCLUDING VISUAL IMPACT OF THE PROPOSED USE ON ADJACENT

LANDS? >> WE HAVEN'T SEEN THE VERTICAL CONSTRUCTION SO I CAN'T ANSWER

THAT. >> WELL, ON FEBRUARY 10 YOUR RECOMMENDATION SAID THE PROPOSED USES DESIGN APPEARS TO MINIMIZE ANY ADVERSE EFFECT ON THE ADJACENT LAND EXPERIENCE

MEETS THAT THE SITE PLAN MEETS THE CONDITIONS. >> AND ONE OF THE ONE OF THE CONDITIONS SO FAR INITIAL RECOMMENDATION WAS THAT THEY NEED TO BE APPROVED BY THE

DESIGN REVIEW BOARD. >> AND THAT'S THAT'S A POST APPROVAL CONDITION FROM OUR STANDPOINT. YES. SO ONE OF THE ONE DOES THE PROPOSED MINIMIZE ADVERSE IMPACTS ON THE ENVIRONMENT TRAFFIC CONGESTION, INFRASTRUCTURE OR GOVERNMENTAL SERVICES? I WOULD SAY BASED ON OUR ANALYSIS AND CONCERN WITH THAT PARTICULAR INTERSECTION BEING A FULL ACCESS WITH NO SIGNAL THAT WE DO HAVE CONCERNS ABOUT THE SAFETY OF THAT INTERSECTION WITH TRAFFIC.

>> DID YOU HAVE THOSE CONCERNS ON FEBRUARY 10? >> WE HAD THOSE CONCERNS THAT WE AT THAT TIME FELT OUT TO THE RECOMMENDATIONS, THE TRAFFIC IMPACT ANALYSIS BUT ON CONSULTATION WITH OUR STAFF WE DETERMINED THAT WE HAVE THE DISCRETION BASED ON THE REQUIREMENTS OF THE SPECIAL USED TO RECONSIDER THAT DECISION AND SOME OF THAT CAME FROM OUR WORK THAT WE WERE DOING IN REVISING THE STANDARDS FOR DRIVERS.

>> SO HOW DOES MR. TRASK KNOW THEN WHAT THE STANDARDS ARE THAT HE HAS TO MEET?

>> THIS STAFF RECOMMENDATION AND HE HAS MET THOSE CONDITIONS.

AND I WOULD SAY THAT THE DECISION NOW IS ZIBA AWAY. >> SO.

WELL, THERE'S A DEAL WITH THE LIBYA WAY ALWAYS LOOKS TO THE STAFF FOR THEIR PROFESSIONAL RECOMMENDATIONS. YOU KNOW, WE RELY ON THOSE RECOMMENDATIONS.

AND SO I'M JUST BAFFLED BY THE 180 DEGREE TURN I WOULD PUT THE BURDEN ON THIS BOARD TO CONSIDER ALL THE ASPECTS OF THIS DEVELOPMENT. YOU KNOW, THE PLAN THAT HAS BEEN SUBMITTED TO YOU, THE CONCERNS, THE PUBLIC, THE CONCERNS OF COUNTY COUNCIL, ALL OF THOSE SHOULD WEIGH IN ON THIS ISSUE. DECISIONS OF THIS BOARD ALONG

WITH STAFF RECOMMENDATION. >> SO ARE YOU AWARE OF ANY OTHER EMPIRICAL EVIDENCE WITH RESPECT TO TRAFFIC IMPACTS OTHER THAN THE TRAFFIC IMPACT ANALYSIS THAT'S BEEN SUBMITTED?

>> I MEAN HAS THE SEA ISLAND COALITION GIVEN YOU ANY SORT OF TRAFFIC STUDY THAT REFUTES THE TRAFFIC STUDY DONE BY STANDARD? I'VE RECEIVED NO INFORMATION REGARDING THAT FROM SEA ISLAND OR FROM ANYBODY ELSE. NO.

I THINK THAT'S ALL THAT MISCHIEF. THANK YOU, SIR.

QUESTION I KNOW I TALKED TO YOU BEFORE ABOUT THAT ROAD PLAN THE CORRIDOR AND I HEARD MR. STUART SAY A BARRIER. IS THAT CORRECT? AM I USING THE CORRECT WORD IN THE MEDIA AND OTHER MEDIA? I ASKED YOU BY THE HOUR BEFORE YOU SAID YOU DIDN'T KNOW THERE WAS THERE WAS GOING TO BE ME IN THERE. SO I'M CURIOUS YOU DON'T KNOW WHAT MR. STEWART DOES KNOW. AS FAR AS I KNOW THIS PLAN'S NOT ADVANCED FAR ENOUGH.

YOU SHOW ANY MEDIUM CLOSING OR ACCESS RESTRICTION AT THIS INTERSECTION SO THIS 30 MILLION DOESN'T DO ANYTHING FOR THE CORRIDOR. CORRECT.

IT'S FOR ALL THESE OTHER THINGS ON LIST, IS THAT RIGHT? I MEAN THE 30 MILLION CAME FROM

[01:35:02]

THE ENGINEER DEPARTMENT IS CURRENTLY WORKING THROUGH THE FURTHER DOING INITIAL DESIGN OF THOSE PROJECTS. OK. AND THEY'RE FINDING THAT THE ACTUAL COST OF THIS PROJECTS IS GOING TO BE MUCH GREATER THAN 30 MILLION.

SO THE IMPROVEMENTS TO SEATTLE AND PARKWAY ARE GOING TO REQUIRE ADDITIONAL FUNDING.

AND SO IT HAS NOT RECEIVED THAT LEVEL OF DESIGN TO INDICATE WHERE EXCISE THAT CLEARED IT

UP. >> THANK YOU, JOHN. AS I RECALL, MR. STUART'S COMMENTS WERE SORT OF CONDITIONAL IF THERE IS A MEDIUM.

BOB, SORRY. ALL RIGHT. I MAY BE WRONG ABOUT THAT.

OK, JUST TO CLARIFY COMMENTS, I THINK IT COMES UP IT IS RATHER ANYONE ELSE HAVE ANY QUESTIONS FOR. I HAVE A COMMENT I'D LIKE TO MAKE.

COME. >> I WOULD LIKE TO POINT OUT THAT OUR RESPONSIBILITY AS OUTLINED IN THE BEAUFORT COUNTY COMMUNITY COMMUNITY DEVELOPMENT CODE IS TO TAKE ALL THAT INFORMATION INCLUDING THE PUBLIC'S COMMENTS IN OF RACIAL WHEN WE'RE MAKING A DECISION ON THE SPECIAL USE AND THAT'S IN SEVEN POINT FOR POINT NOT NINETY POINT B POINT 1 THAT WE SHOULD HAVE THE PUBLIC HEARING AND THEN CONSIDER THE PUBLIC COMMENTS IN MAKING A DECISION.

TO POINT OUT THAT THIS PROJECT IS NOT IN KEEPING WITH THE COMPREHENSIVE PLAN FOR THE FOLLOWING REASONS. LADY'S ISLAND VILLAGE CENTER IS A FOCUSED PLANNING AREA.

ON PAGE 115 OF THE CURRENT PLAN FOR PRINCIPLES ARE LAID OUT FOR THE FOCUS PLANNING AREA.

THE SECOND ONE WAS WE BELIEVE THAT ALLOWING LOCAL COMMUNITIES TO DETERMINE THEIR VISION AND DEFINE THEIR GROWTH. WE HAVE HEARD FROM THE LOCAL COMMUNITY WITH 940 PLUS SIGNING A PETITION OPPOSING THE DRAFT THROUGH RESTAURANT 100. I'VE RECEIVED ONE HUNDRED AND SEVENTY SEVEN EMAILS OPPOSING THE DRAFT FREE RESTAURANT. THERE WAS ONE IN FAVOR OF THE NUMBER OF PEOPLE THAT SPOKE OUT TONIGHT AND IN PREVIOUS MEETINGS SO THAT WE NEED TO LISTEN TO THE CITIZENS OF LADY'S ISLAND AND THE PEOPLE THAT USE THIS AREA.

AND IT'S NOT JUST LADY'S ISLAND BECAUSE LADY'S ISLAND IS PART OF LADY SALAD IS A BUSINESS CENTER FOR THE SURROUNDING AREA . PEOPLE FROM PORT ROYAL AND FROM BEAUFORT COME INTO THE HARDWARE STORE, THE LIQUOR STORE THAT'S BEEN MENTIONED GROCERY STORES, ALL SORTS OF BUSINESSES THAT MARIAN'S ARE ALL RIGHT THERE THAT COME TO LADY'S ISLAND AND THEN IN PAGE 127 THE LADY'S ISLAND PLAN SETS OUT FOR COMMON GOALS THAT ARE DEVELOPED INTO SEVEN THINGS AND THE ONE OF THEM THAT IS VERY IMPORTANT THAT WE'VE BEEN TALKING ABOUT FOR 20 YEARS IS TO CREATE A WALKABLE LADY'S ISLAND CENTER. AND AS I MENTIONED IN DECEMBER ,WE DON'T HAVE THE OPPORTUNITY IN THAT SECTION BETWEEN MERIDIAN ROAD AND SAM'S POINT.

>> THERE HAVE ONLY BEEN FOUR PROJECTS IN THE PAST 20 YEARS. NEW PROJECTS.

AND SO WE REALLY NEED TO MENTION WHAT IS HAPPENING NOW AND TO MAKE SURE THAT WE ARE CREATING A WALKABLE LADY'S. IF YOU NOTICE ON THE SITE PLAN THERE WASN'T EVEN A CROSSWALK ON THE THREE CARD DRIVEWAY GOING INTO THE SITE. SO I WHOLEHEARTEDLY SUPPORT VOTING AGAINST THIS SPECIAL NEWSCAST. AS THERE ISN'T ONE.

>> THIS IS ONE OF THE THINGS I WANT TO CLEAR THIS INFORMATION. I VERY OFTEN IN SECOND THIRD AT THE VILLAGE CENTER IS NOT THIS AREA THE VILLAGE OF LADY'S ISLAND IS TWELVE HUNDRED ACRES

. >> THE VILLAGE CENTER IS A SMALL PART OF LADY'S ISLAND

WHICH IS STILL BEING DEFINED BY THE THIS THE COUNTY STAFF. >> SO YOU'RE MINCING THE VILLAGE CENTER WITH THE VILLAGE AND APPLYING THOSE TYPES THOSE GOALS FOR THE VILLAGE CENTER

WHICH IS NOT THE VILLAGE CROSSRAIL. >> THE IT WORKING ON THIS FOR

20 YEARS. >> I KNOW WHAT AREA WILL I ABOUT NOT ARGUE WITH YOU BUT

I'VE READ THE DOCUMENT THAT YOU WORK ON. >> THANK YOU.

[01:40:01]

>> THIS IS THAT WHERE WE WILL HAVE TO JUST MAKE A VOTE ON THIS ITEM ITEM SIX.

>> ANYONE WOULD LIKE TO MAKE A MOTION AND MOVE TO THE LAW. THE SPECIAL PERMIT BECAUSE IT DOES NOT MEET THE VIEW FOR COUNTY DEVELOPMENT. IT'S NOT CONSISTENT WITH THE COMPREHENSIVE PLANS. PURPOSES. GOALS, OBJECTIVES AND POLICIES.

THIS PROJECT IS NOT IN KEEPING WITH THE COMPREHENSIVE PLAN FOR THE FOLLOWING REASON.

THE LADY'S ISLAND A VILLAGE CENTER IS A FOCUS PLANNING AREA ON PAGE 115 OF THE COMP PLAN.

FIVE PRINCIPLES ARE LAID OUT FOR THE FOCUS PLANNING AREA WE BELIEVE IN ALLOWING LOCAL COMMUNITIES DETERMINE THEIR VISION AND TO BAN THEIR GROWTH .

THE GOAL OF THE LADIES AND AND PLAN IS TO CREATE A WALKABLE VILLAGE.

THE CBO WHOSE RESPONSIBILITY IS TO TAKE INTO ACCOUNT ALL THE INFORMATION PRESENTED INCLUDING THE PUBLIC COMMENTS WE HAVE HEARD FROM THE LOCAL COMMUNITY WITH 941 SIGNING A PETITION OPPOSING THE DRAFT RESTAURANT ONE HUNDRED AND SEVENTY SEVEN EMAILS OPPOSING THE DRAFT THROUGH RESTAURANT 1 IN FAVOR AND A LARGE NUMBER OF PEOPLE WHO HAVE SHOWN UP AT THIS IN PREVIOUS MEETINGS OPPOSING THE DRAFT. THERE HAVE BEEN A FEW SUPPORTING IT BUT THE MAJORITY IS DEFINITELY OPPOSED TO IT. THEREFORE I MOVED TO DENY THE

SPECIAL USE PERMITS. >> THERE IS A MOTION THERE IS MOTION ON THE FLOOR TO DENY

ESPECIALLY USE PERMIT WHEN IT'S BEEN PROPERLY MADE SECOND. >> SO ALL IN FAVOR.

YES. MOVE THE DISCUSSION FIRST. DAN, I APPRECIATE YOUR COMMITMENT BUT THIS IS NOT A POPULARITY CONTEST HERE. I NEVER KNEW WITH THEIR CRITERIA FOR SPECIALTIES THAT WE NEED TO FOLLOW UNTIL ABOUT AN HOUR AGO THE COUNCIL STAFF SAID THAT THIS APPLICATION MET ALL THOSE CRITERIA AND RECOMMENDED THAT THIS BE APPROVED. NOW I THINK OBVIOUSLY BY GOING TO SOME SORT OF POLITICAL

PRESSURE THEY HAVE CHANGED THAT POSITION. >> BUT I THINK MR. MERCHANT A FEW MINUTES AGO WHEN I QUESTION PRETTY MUCH AGREED THAT THIS PROJECT STILL MEETS ALL THOSE CRITERIA AND WHILE I APPRECIATE THE LANGUAGE ABOUT THE RESIDENTS DETERMINING THEIR FUTURE, YOU CAN'T GIVE THE PUBLIC A VETO OR OVER A ZONING DECISION LIKE THAT.

>> YOU ABSOLUTELY CANNOT GIVE THE PUBLIC. I WOULD AGREE WITH THAT.

IF YOU'VE GOT TO MAKE PROPERTY PURCHASES BASED ON ON WHAT YOU'RE ALLOWED TO DO.

KNOW, I'M I WHOLEHEARTEDLY AGREE WITH THAT. THAT BEING SAID, MEETING THE SPECIAL CRITERIA. I'M NOT. I WOULD SAY NO ESPECIALLY NUMBER FOUR. I WOULD I WOULD NOT AGREE THAT IT HAS LIKE THING BASED ON THE CURRENT RULES THEMSELVES. BUT I DO AGREE THAT WITH MR. WILLIAMS THAT THE THAT YOU NEED TO GO BY THE CDC JUST YOU KNOW, THERE'S OTHER FACTORS THAT COME INTO PLAY.

HOWEVER, YOU'VE GOT TO BE CONSISTENT WITH WHAT SOMEBODY CAN REASONABLY DO WITH THEIR PROPERTY. WE'VE HAD STAFF REPORTS BEFORE THAT WE'VE NOT AGREED.

WE'RE NOT BOUND WE'RE NOT BOUND BY BUT I THINK IT'S IMPORTANT THAT WE TAKE IT INTO CONSIDERATION BECAUSE THAT'S THAT'S MY PROFESSIONAL THING. WE HAVE WELL, MY OPINION I THINK THAT YOU KNOW, THE CRITERIA FOR A SPECIAL USE PERMIT LOOKING AT THIS MEETS THESE SPECIALLY USE. HOWEVER BEING AN INDIVIDUAL THAT THAT TRAVELS DOWN SEA ISLAND PARKWAY ON A DAILY BASIS ,SEEING THE TRAFFIC IN THE MORNING ESPECIALLY WHEN SCHOOL IS IN SESSION THAT REALLY BRINGS A MAJOR CONCERN TO ME. I MEAN I CAN I CAN'T PREDICT WHAT'S GOING TO HAPPEN BUT I CAN SEE IT BEING A VERY CONGESTED AREA, ESPECIALLY IF TRAFFIC IS OUT IN THE STREET UNDERSTANDING YOU HAVE A HIGH NUMBER OF AREA WHERE CARS WOULD HOPEFULLY NOT BE INTO THE STREET. BUT IT REALLY BRING MAJOR CONCERNS TO ME WITHIN THAT AREA, ESPECIALLY WHERE IT'S KIND OF I WOULD CALL IT A BOTTLENECK. RIGHT. BEYOND WHERE THIS GOING PLACE IS BEING PROPOSED. SO YOU KNOW, WITH THAT, YOU KNOW, IT REALLY BRINGS MAJOR

CONCERN TO ME AND THAT'S JUST MY SCHOOL. >> AND I AGREE WITH YOU.

[01:45:01]

BUT I THINK WITH THE SPECIAL USE PERMIT GIVES US THE ABILITY ESPECIALLY WITH NUMBER FORWARD TO SEE IF THAT FITS IN THAT AREA. AND I CAME UP WITH CONSCIOUS

SAY THAT IT DOES DOES TRAVEL MORE MODIFY MY MOTION. >> YEAH.

BECAUSE WE HAVEN'T VOTED ON IT. >> I WOULD LIKE TO ADD THAT IT DOESN'T MEET THE REQUIREMENTS FOR SPECIAL USE FOR ITEM NUMBER ONE AND ITEM NUMBER FOUR OF THE REQUIREMENTS.

>> SO IF THE MODIFICATION TO THE LOCATION IS STILL SECOND. OKAY.

SO AGAIN THIS THAT'S MOTION ON THE FLOOR AND IT'S BEEN PROPERLY MADE A SECOND ALL IN FAVOR OF DRUG X QUESTION ALL IN FAVOR OF DENYING THE ESPECIALLY SPECIAL USE PERMIT PLEASE

SIGNIFY BY RAISING YOUR HAND AS AN APPLAUSE. >> SO THESE FAMILIES WITH ME HAS BEEN FAILED TONIGHT. SO AN APPARENT POLICY SO THAT YOU CAN GET WHAT HAPPENED HERE IT RIGHT HERE I GOT A CALL FROM WATCH MUCH VIDEO THAT IS NOT THE FIRST TIME THAT INTERPRETATION THAT'S WHAT THE PRESIDENT SAYS IS GOING TO DO THE JOB AND I WANT TO GET SOME SEE THE PRESIDENT DO WHATEVER HE CAN TELL YOU. BUT THEY RECOVERED IT.

YES. MY POINT IS THIS. I THINK THE MORE ENJOY THE REST AND CARRY YOU THROUGH THE PROPER OUR DEEP ROSTER AND BE TO GIVE ANY UNUSUAL BEHAVIOR.

NO, I'M NOT. THEREFORE THIS LABOR IS ABLE TO BRING THAT UP TO WHAT OCCURRED LOSE THAT CERTAINLY LIVING A MOUTHFUL OF LEARNING THAT PEOPLE WOULD NOT SEE YOU LATER.

YEAH. WITH THE MEDIA AUTHORITY BUT IT DOESN'T LOOK WELL.

SO I THINK IT'S PART OF THE REASON THAT WE VOTED TO FAVOR THIS GENTLEMAN.

I KNOW. I JUST DON'T SEE HOW SMART HE WON'T BE IN THIS CHAIR TO GIVE ANY RECESSES YET. I'LL GIVE LEMON A MOVIE RECESS FOR FIVE MINUTES.

SECOND THE FIFTH WE HAVE RIBAUT WITH THE RECESS SO ITEM NUMBER EIGHT IS THE FULL

[8. Mr. Paul Hartley is requesting a Variance to construct a pool and pool deck within the OCRM Critical Line 50-feet Buffer. Property is located at 6 Governor Blake Court, and is zoned T2-Rural Neighborhood (T2RN).]

HARDLY TESTED IT BEARS THE CONSTRUCTIVE I DON'T KNOW. >> WE ALL APPROACH TOGETHER IF YOU LIKE MR. MARKEY I'LL MAKE IT ON THE FLOOR. MY WIFE MARY JO MAYBE YOU WANT TO SPEAK FIRST. THAT'S PART IF YOU ALL WANT TO KEEP UP WITH THAT'S WHAT YOU WANT TO DO ABOUT THE APPLICATION FOR A HOME IN OUR BACKYARD.

WHAT HAVE WHEN WE. OK, GOOD TYLER. NOT IF YOU PUT THE DOG AT THE BOTTOM. CNN GOES TO WAR WITH REGARD CREEK YOU'RE LOOKING AT THE BACK OF OUR HOUSE IN THE RIGHT HAND SIDE WHERE THE POOL WITH THAT GRAY AREA IS HARD CONCRETE PAD, DRIVEWAY PARKING AREA. WE ARE NOT THE ORIGINAL OWNERS OF THE SECOND OWNERS OF THE TOWN. IT WAS JULY. THE FIRST THING I WAS TOLD WAS THE OCCASION. IS NOTHING HAS BEEN CLEARED SPACE FROM THE DRIVEWAY.

THE POINT IS FOR A LOCATION THAT'S EIGHT FEET FROM THE EDGE.

[01:50:02]

I DON'T KNOW WHAT SIDE BUT YOU KNOW THE CARS IN CASE I SPENT A GOOD PORTION OF MY AIR FORCE CAREER SAFETY OFFICERS I'VE INVESTIGATED THREE CLASS MISHAPS WHICH ARE THE LOSS OF THEIR NAVY. LET'S TRY TO GO THROUGH THE ROOT CAUSE OF THE PROBLEM WHETHER PILOT CAMP OR SOMETHING GET IN THE CAR AND W THE ROOT CAUSES DRY THE DRIVEWAY FOR ROAD AND BRIDGE WAS TOO CLOSE. OKAY. AND THAT'S THE ROOT CAUSE MADE ME DRUNK. I HATE IT. SOMEBODY HAS TO GET FROM THE DRIVEWAY TO THE POOL. IT HAS TO BE TOO CLOSE. SO WE JUST MOVED THAT EIGHT FEET AWAY FROM THE DRIVEWAY AND THAT PUSHED IT INTO THE PARK. IF YOU LOOK AT THE ONE BEING YOU SEE IT AT THE SEAWALL I CALLED OCR INTO THE PARK AND WHEN THE ENGINEERS ORIGINAL PLANS FOR THE NEIGHBORHOOD WHICH DO NOT HAVE A COMPUTER YOU ORIGINAL PLAN FOR THE NEIGHBORHOOD THAT HAS A STRAIGHT LINE THAT IS PARALLEL WITH THE BRICK THREE.

>> THE THING IS JUMPING IN AND OUT BECAUSE ANGEL OAK TREES NAMES WORK TREES ARE AT THE OUTER PORTIONS OF THE BOUNDARY. SO IF THE LINE WAS EXTENDED IF YOU LOOK WHERE IT SAYS DARK THE LINE CLOSEST TO THE WORD DIE THAT LINE WAS EXTENDED PARALLEL TO THE WATER THAT WOULD GIVE US

AN EXTRA 10 FEET ON THE RIGHT HAND SIDE. >> THE LINE YOU REFERRING TO IS THE THIS IS NOT THAT SEAWALL BUT IT SAYS TWENTY THREE POINT THREE FIVE OR TWENTY TWO POINT THREE FIVE. YES. OKAY.

THAT'S THAT'S BUMPED OUT BECAUSE OF THE AGE OAK TREES. OKAY.

THAT LINE WAS EXTENDED WHEN EITHER IN TO OUR PROPERTY LINE IT WOULD GIVE US AN ADDITIONAL 10 FEET TO MOVE THE POOL AWAY FROM THE DRIVEWAY BUT THAT DIDN'T HELP THE CRITICAL LINE

WORKS. >> EXCUSE ME. THE CRITICAL LINE IS ESTABLISHED BY OCR AND THE LAST POINT THAT WHERE IT IS IF THAT'S WHAT WE HAVE TO WORK ON.

I UNDERSTAND THAT. BUT OCR CHANGED THE CRITICAL IT CHANGES OVER TIME BUT IT'S A DYNAMIC LINE THAT CHANGES EVERY FIVE YEARS. YEAH, OKAY.

THE ORIGINAL ONE WAS A STRAIGHT LINE PARALLEL LINE WHEN IT WHEN IT CHANGED.

THIS I HAVE NO IDEA. LIKE I SAID I'M NOT THE ORIGINAL OWNER OF THE HOUSE.

SIR, IF I MAY IF YOU'RE ASKING FOR A VARIANCE INTO THE RIVER BUFFER.

>> YEAH, RIGHT. SMALL VARIANCE. NOT A BAR.

NO BUT I UNDERSTAND YOU TALK ABOUT THE CRITICAL LINES BUT YOUR VARIANCE IS FOR THE RIVER FLOWS CORRECT. RIGHT UP THERE. YEAH.

BUT AT THIS POINT I THINK THE POINT IS IF YOU GIVE YOU THE ORIGINAL OCR OF LINE THAT IS CRITICAL. I DIDN'T GET MUCH USE IN THEIR YARD.

YES. IF YOU SEE THE WHOLE GET A GO SEE THAT THE NEIGHBORS AS WELL.

PART OF THE NEIGHBORS HOUSE IS IN THESE BUFFERS AND THE NEIGHBOR TO OUR LEFT THEIR HOME IS INSIDE THE BUFFER ZONE. THE RIVER BUFFER TO OUR RIGHT IS ALSO INSIDE THE BUFFER.

IF YOU TAKE A LOOK SIGHTLINE FROM THE CURRENT LOCATION FOR US RIGHT NOW THE POOL IS STILL BEHIND BOTH OF THOSE HOUSES. THE OTHER THING IT LOOKS LIKE YOU COULD ROTATE TO POOL AND AHEAD AT THE HEIGHT UNDER THE 50 FOOT RIVER BUFFER FOR USUALLY METERS YOU WERE TRYING TO MINIMIZE THE EXPOSURE OF THE ENTIRE POOL TO DRIVEWAYS SO WE PUT A PARALLEL AND THE WHOLE SIDE OF THE POOL IS EXPOSED, RIGHT. WELL, LET'S HOPE THAT IF WE DON'T THAT WE PUTS THE ZIP END UP BY THE DRIVEWAY. KEEPING IN MIND I SAY WHEN YOU SAY YES IT PUTS THE DEEP END UP I SET HOPEFULLY BEING EXPOSED PROBABLY CLOSE TO JUST BE A SMALLER PORTION OF THE POOL. THAT W ONE OF OUR CONSIDERATIONS.

SO YOU SAID THE DEEPEST PORTION OF THE POOL IS CLOSEST TO THAT CONCRETE DRY THREAT.

>> RIGHT NOW IF YOU'RE LOOKING AT IT'S ON THE RIGHT HAND SIDE. IT'S IN THE RACE PART WOULD BE WHERE IT ENCROACHES TO THE RIVER BUFFER CLOSEST TO THE DEEP END.

>> OKATIE IS YOUR MOTHER AND FATHER'S FROM THAT WAR RESULT IN YOU'VE REALLY TOUGH FIGHT FEET AFTER A THREE FOOT SIX. BUT A LOT OF THE LEGEND. YEAH.

ONE OF THE QUESTIONS THAT WE NOTICED WITH IF WE TRIED. WHAT METHODS WOULD YOU TRY TO

[01:55:05]

ACTUALLY WENT OUTSIDE. >> WE FOUND THE SMALLEST POOL THAT WE COULD FIND.

AND WE HAD TO GO OUT TO CHARLESTON TO FIND SOMEBODY RUN DRY.

I CAME DOWN TO CONTROL THE THAT THAT WAS ONE OF THE THINGS THAT WE TRIED TO DO MEDICATED.

AND ONCE AGAIN THESE FOLKS WERE NOT THE ORIGINAL HOMEOWNERS. AND THAT WAS A NOTE THAT WAS MADE BY MISS HILLARY IS UNKNOWN AND EXTRAORDINARY AND SUCH FOR CONDITIONS DO NOT PERTAIN TO THE LAND. THE REQUEST FOR A VARIANCE TO CONSERVE FURTHER AND TO BE WRITTEN ABOUT HER IS THE RESULT OF THE ACTIONS OF THE PROPERTY OWNER AND THESE FOLKS DIDN'T

BUILD THAT HOUSE THAT TO BE CRITICAL OF OR ABOVE. >> AND THE POINT IS SAID ON THE ORIGINAL PLAN FOR THE NEIGHBORHOOD THE JUMPER THE CONTRACTOR DID FOR THE WHOLE NEIGHBORHOOD THE CRITICAL LINE IS A PARALLEL STRAIGHT LINE. IT'S NOT SOMETHING LIKE THAT BUT IF THEY JEREMY MANDATORY END OF WAY IS FREE STATE WILLOW TREES.

MR. HARTLEY JUST EXPLAINED EARLIER INTERNATIONAL IS NOT A CRITICAL LINE AS ESTABLISHED BY THE PLANTS THAT GROW THERE IS HOW THEY DETERMINE WHERE THE CRITICAL LINE IS WHAT AN HOUR LONG BRICKYARD CREEK FROM THE TOP OF OUR NEIGHBORHOOD TO PLEASANT POINT THE NEXT NEIGHBOR WITH THEM. IT'S ALL GREAT, NOT GREAT. YOU KNOW WE'RE CALLED LONG GRASS SEAGRASS NOW AND IT'S YOU KNOW, AT LEAST A MILE WORTH SEABIRDS AND THAT'S ALL WE HAVE

BACK HERE. >> THERE'S BASICALLY AT LUSH LAWN BETWEEN WHERE THE POOL AREA IS TO THE SEAWALL. YOU KNOW, WE'RE NOT DISTURBING ANY VEGETATION.

>> LOOK AT THOSE SHOT. THIS IS GREEN GRASS. AND WE'RE WILLING ALSO TO INSTALL GARDENERS AND POSSIBLY HARVEST JACK A SWATHE ALL THE WATER FLOW TO THE SIDE OF THE PROPERTY SO NOTHING GOES BACK INTO THE INTERCOASTAL IF THAT'S WHAT YOU GET FOR.

>> SO THIS CONCRETE GATE IS THAT JUST A POOR SLAB OF IS THERE A ROOF ON THIS? NO, IT'S JUST FLAT. IT'S JUST RECOMMENDS FIVE FIVE INCH SO YOU CAN ACTUALLY ORANGE THREE. SO WITH THAT BEING JUST THE SLAB YOUR HARDSHIP ON JUST ROTATING THEIR POOL TO BE OUT OF THE RIVER BUFFER IS IT PUTS IT RIGHT NEXT TO THE SLAB THE DRIVEWAY. IS JUST DRY RIGHT. JUST LIKE YOU COULD ROTATE IT AND PRESSURE TOWARD THE DECK A LITTLE BIT AND SAY LOOK THERE'S PLENTY OF ROOM IT AND WE'RE

WORKING ON THAT. >> THAT'S RIGHT. I WOULD THINK THAT WOULD BE I THOUGHT YOU DID. BUT I MEAN 16 FEET OF EIGHT FEET OUT THAT PEOPLE COULD JUMP THE DEBT COULD FROM JUST FROM THE HEIGHT OF THEIR PLATFORM IS SURELY GOOD.

AS I SAID, MY APPLICATIONS AND EVEN THOUGH MOST WILL SUPERVISE CHILDREN AND ADULTS WILL JUMP OFFICE STUFF INTO A POOL. AND I'VE GOT VIDEO EVIDENCE EVIDENCE TO SHOW IT TO YOU.

IT'S SCARY. HE'S TRYING TO HE'S VERY RESPONSIBLE NOT JUST FOR OUR FAMILY, OUR PROBABLY RESPONSIBLE FOR THE SAFETY OF FUTURE, FOR THE OTHER PROJECTS, FOR NOT JUST FOR SEX TRAFFICKING BUT ONE THING I'VE NOTICED ABOUT LEAVING ALL OF MANY ANYTHING OF THE OBVIOUS ANY OF THE TRANSCRIPTS FROM THE MEETINGS IS ONLY MEETINGS FOR VARIOUS MEETINGS. IT'S THAT THERE'S A VERY GOOD DIALOG THAT USUALLY DEVELOPS BETWEEN THE BOARD AND THE HOMEOWNER AND I'VE NOTICED THAT YOU GUYS REALLY TO WORK HARD TO TRY TO MEET PEOPLE THAT WE CAN FIND AN ABLE AMICABLE SOLUTION. YOU KNOW, OUR PARTNERSHIP IS THAT WE BELIEVE THE ALLIED FORCES TO HAVE AN UNSAFE AREA AND WE BELIEVE THAT'S A GOOD A GOOD HARDSHIP MEETING BEFORE AS WAS ALL ABOUT SAFETY, SAFETY, SAFETY AND WE WANT TO BE CONSIDERED DOING SOMETHING THAT'S GOING TO PROTECT THE PUBLIC FROM AN ILL SAFE USE.

BUT WE WANTED TO OPEN A DIALOG TO HAVE AN OPEN DISCUSSION TO SEE IF MAYBE IT'S SOMEWHERE BETWEEN NO YOU CAN'T AND SOME ARE SAYING PLEASE THAT WE COULD FIND AN AMICABLE SOLUTION THAT

WORKS BOTH LEGAL AND WORKS AS WELL FOR US. >> I HAVE ANOTHER QUESTION THAT I DON'T UNDERSTAND THE CONSTRUCTION OF THE POOL. I'M AN ARCHITECT AND WE DESIGN

[02:00:03]

WHAT WE MAKE OF WHATEVER SOMEONE IS FIBERGLASS POOL. >> OK.

>> AND ONE OF THE THINGS MY WIFE DID MORE RESEARCH AND SHE DID FOR HER DEGREE I THINK TO LOOK AT THE OTHER FOLKS HAVE COME BEFORE THE BOARD AND WITH THEIR HARDSHIPS WORK AND I LOOKED AT THEM AS WELL THE THINGS THAT I DID NOT SEE. BUT I HEARD CONTINUOUSLY ABOUT THE PORT DELMA GUYS WAS A SAFETY ISSUE AND THAT WAS ONE OF THE PRIMARY REASONS WHERE IT IS. THAT'S ONE OF THE REASONS I SHOWED VIDEOS.

PEOPLE ALWAYS ENCOURAGE FOAM. >> DID YOU GUYS HAVE AN OPPORTUNITY TO TAKE A LOOK AT

THE VIDEOS? MR. LEE I DID IN THIRD THERE. >> HILLARY! HILLARY WEEKS AGO I ASKED AND SHE SAID YOUTUBE WE DON'T DO YOUTUBE.

SO SHE HAD TO TAKE A LOOK AT IT. THAT WAS PART OF OUR CASE.

I HAVE QUESTIONS IS IT AN UNDERSTANDING AND SAFETY THING HERE? AND WHAT'S TO STOP YOU FROM BUILDING A WALL OR THE CONCRETE SLAB SO A CAR CAN'T DRIVE THROUGH IT? NOTHING EXCEPT THE POOL AND THE WALL WOULD BE RIGHT NEXT DOOR TO EACH OTHER AND I'D HAVE PEOPLE JUMPING OFF THE WALL INTO THE POOL.

THAT'S WHEN I PUSH THAT EVERY IT'S RIGHT UP AGAINST THE THE CONCRETE PAD.

SO WE'RE LOOKING FOR THE EIGHT FEET TO GET IT AWAY FROM THE CONCRETE PAD.

HOW ABOUT A FENCE? OF HAVE TO HAVE A CAR DRIVE THROUGH A FENCE.

>> BANANA 1 GOOD FOR YOU. >> YEAH, FOR THOSE BIG HUNGRY NEIGHBOR.

AND THIS MAN MIGHT BE ABLE FINALLY TO THE BASE THAT MIGHT KEEP TERRORISTS OUT.

BUT THEN YOU CAN COME FROM THE REST OF THE MORNING. >> I MEAN A HEDGE STOP A LOT OF CARS AND SORT OF CLOSES OUR AREA OF THIS POOL AND THE CONCRETE SLAB.

>> ARE YOU SAYING THAT EIGHT FEET AWAY IT'S EIGHT FEET AWAY NOW? CORRECT FROM THE DRIVEWAY AND WE ARE THE FENCE THAT WOULD BE AROUND THE POOL WOULD BE NO CLOSER THAN 40 FEET TO THE FRONT OF THE LINE. FENCES ARE INSURANCE.

ANYONE ELSE HAVE ANY MORE QUESTIONS? >> GUYS, THIS IS THE ONE WITH THE PROPER SCALE. THERE IS ANOTHER ONE IN STABLES THERE.

THIS IS ON ITS OWN. YOU GOT THE ONE THAT BETH HAS BUILT THE PROPER SCALE RIGHT HERE POINTED THE WAY THIS MORNING. YEAH, WE'VE GOT SO I WENT THROUGH TRYING TO FIND OTHER EXAMPLES OF THAT CABIN TO PROVE THE RESOUND.

AND I FOUND THREE I'VE OUTLINED FOR EVERYBODY. TWENTY EIGHT THOUSAND NINETEEN.

ONE OF THE THIRTY THOUSAND SEVENTEEN. AND ANOTHER ONE EVERY 24TH 2010 . WE'RE JUST ASKING. IT SEEMS TO ME THIS FRED YOU READ THAT IF YOU ROTATE THE POOL MAYBE FIVE TO 10 DEGREES COUNTERCLOCKWISE THEY KEEP THE

HEAD OF IT RIGHT WHERE IT IS. >> YOU SHOULD BE ABLE TO GET IT ALL OUT OF THE BUFFER AREA.

AND IT LOOKS LIKE YOU'RE STILL ABOUT EIGHT FEET AWAY. IT'S GOING TO BE WELL AS YOU AS YOU ROTATE COUNTERCLOCKWISE AND GET BECAUSE THAT'S WHAT A PIVOT IS WE TAKE IT OUT OF THE BUFFER ZONE. IT'S GOING TO BE RIGHT UP AT THE CORNER OF THE PACK.

>> THAT'S WHY I DID TODAY. >> IT DIDN'T LOOK LIKE THAT TO ME EITHER.

I MEAN IF YOU ROTATED ON A POINT THAT IS RIGHT IN THE MIDDLE OF THE WESTERN OVAL PART OF IT THAT YOU ROTATED BASED ON THAT POINT IT SEEMS LIKE IT SHOULD BE ABLE TO GET OUT OF THE BUFFER. OR ELSE YOU GET SUBSTANTIALLY FURTHER OUT OF THE BUFFER.

>> AND WE'VE HAD A WHOLE BUNCH OF LITTLE STICKY TRACKS IN THIS BECAUSE I HAVE HAD TO DO THIS.

DAVID A LITTLE CLOSER THAN THAT. I UNDERSTAND THAT THE SEA WALL

AND THIS LAST SURVEY REPRESENTS OUR CRITICAL YEAH. >> BUT WHEN WE LOOK AT THE NEIGHBOR OF THAT SURVEY IT'S A STRAIGHT LINE FOR THE OTHER CRITICAL ONE, A DYNAMIC LINE

THAT. >> IF THE NEIGHBORS HAVE A SEA WALL THAT THE CHEMICAL LINE IS

THEIR CENTRAL AND WILD. >> AND THE CRITICAL LINE. NOW JURY COMMANDERS IN THIS

[02:05:03]

UNDERSTANDABLE. BUT SO THAT'S THAT'S THE THAT'S THE STATE OF AFFAIRS YOU HAVE TO DEAL WITH SO FAR AND WILL NOT BE THE ORIGINAL OWNERS WITH THE SEAWALL REINSERTED.

THIS HAD NO AND NO LUCK. I THINK. I THINK IF YOU ROTATED A LITTLE BIT TOO HARD YOU'LL GET LINES MOST IF NOT ALL OF IT OUT OF THE BUFFER AREA.

>> I'M NOT THINKING WE CAN STILL HAVE THAT CORRECT. >> WE PRAY WE CAN GET SOME OF IT OUT OF HERE. I'M SURE YOU HAVE TO HAVE IT. I HAVE TO DO WHAT I CAN.

ISN'T THERE ON THE STAFF LEVEL A CERTAIN AMOUNT OF EXPERIENCE THAT THEY CAN BRING? I DON'T THINK SO. NOT ON NATURAL. YEAH.

THERE IS A PERCENT THAT'S THAT. YEAH THAT'S THAT'S THE SIZE OF A HOUSE SOMETHING I THOUGHT THAT WAS JUST THE BUILDING FOR STRUCTURE AND STRUCTURE AND THAT'S WHAT I MEAN TO ACTUALLY

HAVE SO. >> I MEAN YOU HAVE WE HAVE HEARD FROM THE COUNTY.

>> HOW THAT WOULD BE THE STRUCTURE IN THESE BETWEEN THE 50 AND THE 60 FOOT SORT OF SWIMMING POLES ALL ALONG IN THAT YOU KNOW YOU'RE MAKING BEACH THE CLOSEST.

>> AND THAT WERE JUST HOW WHAT IS THE DISTANCE BETWEEN THE BOTTOM OF THE FLOOR OVER TO THE

CONCRETE PAN. >> SO RIGHT NOW THE TOP IS LIKE WE'RE MAKING A VALIANT WHILE IN AT 13. WE THOUGHT WE COULD JUST MOVE THAT EAST STILL HAVE ENOUGH

DECKS BASE TO GO AROUND. >> ONCE AGAIN TO SAFETY ISSUE WITH THE DROP BUOYS WHAT THE MAIN CONCERN AND THE REASON WHY WE POSITION IT IN THIS MANNER AND WE'LL ALSO WE GO AWAY FROM

THE HOUSE. >> WELL WITH THE THOUGHT THAT PEOPLE COULD JUMP IN AND HURT THEMSELVES. THIS IS NOT A DEEP WELL DO YOU GET IT? IT'S I GUESS IT'S A PILLAR SHAPE AND YOU GOT ONE ONE EDGE IN THE TOP.

EIGHT FEET ROTATED SO THAT THE BOULDER THE BOTTOM THE EDGE OF THE BOTTOM BOAT IS EIGHT

FEET AWAY. >> IT'S WE WOULD STILL BE IN A BUFFER ZONE BUT SUBSTANTIALLY LET'S SHIFT. YES. CORRECT.

WHICH MIGHT BE WHICH MIGHT BE AN EASIER SELL FOR YOU, WHICH MIGHT BE AN EASY YOURSELF.

I CAN'T TELL YOU THAT WE WOULD APPROVE SOMETHING LIKE THAT. ALL RIGHT.

BUT ONE OF THE CRITERIA IS THAT THE DESIGN IS THE THE LEAST IMPACTFUL.

YES. PREVIOUS A AROUND THAT WOULD MAKE A BIG DIFFERENCE TO THE FLOOR. BUT. YEAH.

AND THAT'S WHAT WE'RE INTENDING TO DO IS TO DO AN APRON THAT IS PERVIOUS ALLOW BORDER LESTER.

YEAH WELL WE HEAR FROM THE COUNTY SO THE CEDAR THAT ONCE YOU MEET MR. CAMERON YOU'RE HERE. YOU CAN IT OUT. I GET IT.

WE'RE DRUNK. YEAH. SURE.

GET THREE OUT HERE FROM FLORIDA . OKAY.

WELL I BELIEVE YOU HAVE THE STAFF REPORT WHERE WE PROVIDE SOME BACKGROUND IN TOWN THE CRITERIA FOR VARIANCE AND IT'S THE STAFF'S POSITION THAT THIS DOES NOT MEET THE CRITERIA.

>> THERE'S VERY SPECIFIC CRITERIA IN OUR CODE IN ORDER TO BE CONSIDERED A VARIANCE.

AND UM, I GUESS I'LL ENTERTAIN ANY QUESTIONS. VISIBILITY MIGHT HAVE BEEN WE DO HAVE. I WILL SAY A RIVER BUFFER. THE WAIVER OR MODULATION SECTION IN OUR AREA FOR THAT PURPOSE THAT APPLIES TO PRINCIPLE DWELLINGS.

AND AS YOU KNOW THERE'S A LIST OF CRITERIA THAT WE APPLY AND WE ALLOW THEM TO GO CLOSE TO

THE CRITICAL TIME. >> YOU KNOW, USUALLY DUE TO THE CONFIGURATION OF THE LOT THAT MAKES IT IMPOSSIBLE TO MEET THAT REQUIREMENT BUT THAT DOES NOT APPLY TO ACCESSORY USES.

>> AND THAT WHAT THIS BILL WAS A QUESTION. >> I MEAN IT IS THE SHERIFF'S DEPUTY HERE BECAUSE WE'RE EXPECTING A RIOT OVER THIS POOL THAT'S.

>> WELL, LET ME LET ME ASK YOU A QUESTION. THEY TALK ABOUT A PERVIOUS SERPENT'S. WHAT IF THERE WAS A SALTWATER POOL? WOULD THAT YOU KNOW IT IS A SALTWATER BAR YET SALTWATER BECAUSE THERE'S A MISNOMER THAT THAT IS NOT SALT WATER LIKE THAT RIGHT OFF THE D.R. STAFF'S CONCERN AND I WOULD SAY ALSO

[02:10:01]

>> THE POOL WE CONSIDER IMPERVIOUS. >> I MEAN THE STRANGEST THING THAT SOUNDS THE WATER THAT'S COLLECTED THE POOL IS IT'S ACTUALLY RUN OFF WITH THE RAINFALLS IN IT. AND SO PEOPLE GROW. YES, LIKE ONCE HE'S COMPLETE.

>> SO WE'VE GOT YOUR RECOMMENDATION HERE BEFORE. YES.

ANY QUESTIONS REGARDING YOUR DANCE OR YOU KNOW, TONIGHT YOU KNOW, STAFF'S POSITION IS NOT IN THIS REPORT AND YOU MENTIONED IT WAS AGAINST THE DOLPHIN.

>> THANK YOU. THAT WAS YOUR REASONS. YES, BUT DENIAL IS MY NO.

>> THE REASON FOR OUR DENIAL IS THAT VARIANCES HAD A VERY SPECIFIC CRITERIA KNOW CAME OUT TO SHOW THAT THIS IS DUE TO EXTRAORDINARY EXCEPTIONAL CONDITIONS ON THE PROPERTY THAT YOU KNOW THAT THESE ARE NOT CONDITIONS THAT ARE CREATED BY THE PROPERTY THAT YOU KNOW, SOME OTHER CIRCUMSTANCE POLYGRAPHER SOMETIMES THE EXISTENCE OF A CREMATORY OR SOMETHING LIKE THAT. THE NEXT ONE IS THAT BECAUSE OF THE HARDSHIP IT WOULD UNREASONABLY DENY OR RESTRICT THE USE OF THE PROPERTY. YES, YES.

AND YOU KNOW, SO IN THIS CASE THERE'S ALREADY A SINGLE FAMILY PROPERTY SINGLE FAMILY HOUSE.

THIS IS AN ACCESSORIES TO TO A SINGLE FAMILY HOUSE AND FROM STAFF'S POSITION THIS SITE DESIGN DENIES THIS PROPERTY IF THEY'RE ABLE TO SELL IT TO HAVE THE HOUSE AND PROPERTY WHICH IS IT DID FOR CERTAINLY MAKES IT NICER BUT IT'S NOT NECESSARY FOR THE USE OF THE PROPERTY AS A SINGLE FAMILY RESIDENCE AND THAT VARIANCE WITH NOT CONFERRING A SPECIAL PRIVILEGE ON THE LANDOWNER THAT IS DENIED TO OTHER LANDS AND THEN THE FINAL THERE IS TO THE EXTENT THAT THE VARIANCE PERMIT IS THE MINIMUM NECESSARY AND I THINK THAT THAT DISCUSSION ABOUT MOVING FORWARD ARE ROTATED OR SOMETHING TO THAT WE'RE NOT CONVINCED THAT THERE ARE OTHER SOLUTIONS ON HIS PROPERTY THAT WILL NOT ENCROACH AS MUCH INTO THE CRITICAL LINE AND IT'S IN HARMONY WITH THE GENERAL PURPOSE INTENDED DEVELOPMENT CODES.

>> YOU KNOW WE STRONGLY SUPPORT THE RIBAUT FOR AND WE DO BELIEVE THAT THIS IS IN HARMONY WITH THAT REQUIREMENT THAT WE HAVE FOR A RIVER. AND AS FAR AS GRANTING THE VARIED THE HEALTH, SAFETY AND WELFARE OF ONE OF THE MAJOR CRITERIA THAT WE HAVE RIVER ABOVE FOR STANDARDS IS PROTECTION OF THE ENVIRONMENT TO ALLOW SUFFICIENT AREA FOR INFILTRATION OF WATER FROM STORMWATER AND NOT HAVE IT RUNNING INTO THE MARSH.

AND SO FOR THOSE REASONS YOU KNOW THAT STAFF IS NOT IN SUPPORT THIS AREA.

>> QUESTIONS FOR THE COUNTY DID YOU WANT TO SAY ANYTHING ELSE IN THE INDIRECT THREATS AT THE

POOL ITSELF IS IS NOT PERMEABLE . >> IT'S A WATER COLLECTION POINT AND USUALLY POOLS YOU HAVE TO CONSTANTLY PUT WATER BACK INTO IT AND IT'S SORT OF LIKE A BASE OF ROSES THAT YOU GET FOR VALENTINE'S DAY. ALL RIGHT.

WITHIN A DAY YOU CAN START TO SEE THAT IT STARTED TO EVAPORATE EVAPORATE COUSY EVAPORATE. SO I DON'T UNDERSTAND WHY IT WOULD BE AN ISSUE THAT IT'S PERMEABLE OR NOT PERMEABLE. THE FACT IS IT'S NOT GOING TO GO THROUGH REGARDLESS.

IT'S JUST GOING TO EVAPORATE INTO THE AIR WATER FROM THE POOL.

SO IT'S DOES THAT MAKE SENSE TO YOU IT'S GOING TO CAUSE RUNOFF FROM THE POOL AREA.

>> WHAT YOU'RE SAYING. I'M SORRY. IT'S I CAUSE RUNOFF FROM THE MAIN POOL ITSELF. BUT IT'S THE STRUCTURE BUT NO, THAT WAS GOOD.

THAT WAS A GREAT POINT YOU JUST MADE. CAN I GO ABOUT ONE MORE THING.

>> THIS GENTLEMAN RIGHT HERE JUST ADDRESSED IT WAS THE GRANTING OF THE VARIANCE PERMIT WOULD ADVERSELY AFFECT THE HEALTH AND SAFETY OF THE GENERAL PUBLIC AND BE A

DETRIMENT TO THE PUBLIC. >> WELL, FAIR YOU MENTIONED A FINAL LIGHT MOMENT.

DID YOU DRESS THE GENERAL PUBLIC? >> WELL, LET ME.

>> I THINK THAT THERE'S OTHER BIGGER ISSUES THAT YOU HAD TO DEAL WITH YOURSELF.

>> I THINK THAT I MEAN THE OTHER TWO THAT WERE ONE OF THEM WAS ACTUALLY A 20 FOOT AREA OR

[02:15:08]

ERIC, THOSE POOLS THAT YOU'RE REFERRING TO ARE WITHIN YOU ARE VERY RIBAUT AREA.

>> THIS IS IRRELEVANT ANYWAY BECAUSE THE GRANTING VARIANCE ON A PREVIOUS ISSUE IS NOT ESTABLISHED PRECEDENT FOR FUTURE VARIANCES ACCORDING TO THE STATE STATUTE.

>> EVERYONE IS SUPPOSED TO GIVE THEIR NAME AND PORTABILITY AND YOU CAN'T CREATE ONE HOMEOWNER ONE WAY OR EVERYONE TO LIVE ACCORDING TO THE SPECIFIC HARDSHIPS BASED ON THE CONDITIONS OF THEIR INDIVIDUAL PROPERTIES. THAT'S WHY STATE LAW DOESN'T ALLOW THEM TO TAKE INTO ACCOUNT PREVIOUS DECISION OF THE APPROVAL OR DENIAL.

THE ISSUES THAT WERE BROUGHT UP AT THE CALVERT. YEAH WELL FROM MY STANDPOINT BEFORE WE GO ANY FURTHER YOU DO NOT CALL FOR PUBLIC COMMENT. MR. CHAIRMAN, THIS IS A PUBLIC

HEARING. >> IS THERE ANYONE HERE FOR PUBLIC COMMENT FOR THIS ITEM SHERIFF'S DEPUTY MAYBE PUBLIC COMMENT IN A HURRY THAT IF YOU GOT PUBLIC COMMENT TO A CLOSE? FROM MY POINT OF VIEW I THINK IT'S POSSIBLE TO ROTATE THAT POOL A LITTLE BIT FURTHER OUT OF THE BUFFER AND BECAUSE OF THAT IT'S NOT WHICH AFTER 4:00 HERE IS IT'S NOT THE

MINIMUM NECESSARY TO ALLOW FOR THE POOL. >> CAN I BRING UP ONE ISSUE? THIS IS TO THE COUNTY TO SAY THAT IT ADVERSELY AFFECTS THE HEALTH AND SAFETY GENERAL PUBLIC AND THEREFORE IN THE PUBLIC WELFARE. I KNOW THAT'S KIND OF A FILL IN THE BLANKS RIGHT ON YOUR COMPUTER BUT I DON'T THINK A POLL ADVERSELY AFFECTS THE HEALTH AND SAFETY OF MY BACK OR MAYBE NEIGHBORHOOD JUST. BUT IT SEEMED TO MAKE SENSE.

THE QUALITY OF THE WATER THAT WE ALL SHARE I DON'T THINK THIS IS A SALTWATER POOL THAT IS BUT CLEAN IT DOESN'T SAY FROM FROM MY FROM MY POINT OF VIEW. I DON'T EVEN GET TO THAT ONE BECAUSE I GET HUNG UP ON THE THE MINIMUM NECESSARY. OK, HE APPEARS SO IS THAT IF YOU WERE ABLE TO ROTATED SOME FOR THE MINIMAL NECESSARY I THINK IF YOU'RE LISTENING YOU THERE MIGHT BE A WORKABLE SOLUTION THERE IF YOU ROTATED IT THERE MIGHT BE SOME GIVE AND TAKE THERE AND IT'S NOT OUR POSITION TO TELL YOU HOW TO HANDLE THE APPLICATION BUT YOU MAY CONTINUANCE SOME TIME TO WORK THAT OUT BECAUSE YOU KNOW YOU CAN GO IN AND ASK US TO VOTE ON IT THIS EVENING. BUT IF YOUR APPLICATION IS DENIED YOU CAN'T REFILE FOR ANOTHER YEAR. OKAY. I THOUGHT AND YES MA'AM, I KNOW IN TERMS OF GIVING AND TAKING YOU COULD PUT A WHILE THERE THAT HAD SOME VARIANCE IN IT AND FIX IT IN A WAY THAT PEOPLE COULDN'T JUMP OFF THAT WOULD BE YOUR BIG GLASS SHARDS IN THE

TOP. >> THAT'S IN CHARLESTON. SHE'S ON HOMES THAT YOU COULDN'T STAND BY. I MEAN IF YOU'RE CONCERNED ABOUT SERVERS DRIVING IN YOU COULD CONSTRUCT SOMETHING BUT WE'RE LOOKING FOR YOU TO MINIMIZE THAT PLACE THAT THE POOL WOULDN'T FALL IF WE WERE I THINK WE WOULD BE ABLE TO SUFFICE FOR I I THINK I KNOW

THAT WE WOULD HAVE TO SEE WHAT WHAT IT LOOKED LIKE. >> OK.

WE CAN'T GIVE YOU AN ANSWER ON THAT RIGHT NOW. IS THIS AN ACCOUNTING QUESTION

THAT I'D LIKE YOU ALL TO JUST KEEP IN THE BACK OF YOUR MIND? >> YOU ALL HAVE AND I'M SURE TO DO THIS FOR ME TRANSACT ZONES IN THE COUNTY. YES.

>> OK. THIS I FIND UTTERLY AMAZING BECAUSE I DID SOME RESEARCH ON THE T4 NEIGHBORHOOD CENTER OR HAMLET CENTER ZONES INTENDED TO INTEGRATE APPROPRIATE MEDIUM DENSITY RESIDENTIAL BUILDING SITES DUPLEXES, TOWNHOUSES, SMALL COURTYARD HOUSING APARTMENTS AND ENVIRONMENTS CONDUCIVE TO WALKING AND BICYCLING.

>> THE HAMLET CENTER IS APPROPRIATE FOR MORE RURAL AREAS IMPLEMENT A COMPREHENSIVE PLAN GOALS OF CREATING AREAS OF MEDIUM DENSITY RESIDENTIAL IN PORTIONS OF BEAUFORT COUNTY THE CITY OF BEAUFORT AND THE TOWN OF PORT ROYAL NOW THE RIVER BUFFER AND THIS IS SET BY THE COUNTY FOR THOSE AREAS HIGHER DENSITY RESIDENTIAL AND COMMERCIAL IS 20 FEET.

>> I LIVE IN A RURAL RESIDENTIAL NEIGHBORHOOD THAT NEEDS A 50 FOOT BUFFER ZONE

[02:20:04]

SO IF WE'RE GOT TO COME FROM YOU KNOW, IN THE END I THINK THEY COME FROM PLANNING COMMISSION. THEY COME THEY COULD TAKE A DIFFERENT ROUTE.

I JUST FOUND IT AMAZING THAT THEY DID A LOT MORE INTENSE STORMWATER REQUIREMENTS TAKING

CARE OF YOUR STORMWATER FARM INSTEAD OF RESIDENTIAL. >> WHY THEY HAVE TO SET APARTMENTS. YES. I THINK WE FIND LIKE AMAZING THAT THERE'S 20 MILES PEOPLE. RIGHT. SO WOULD YOU LIKE TO RESUBMIT WITH THAT TERM? WELL, JUST SEX FOR CONTINUATION .

OKAY. WE ARE A CONTINUATION TO COME BACK AND GIVE YOU ANOTHER PHOTOGRAPH FOR THE MOVIE. YES. THE TIME I GOT THE MOVIE IT'S BEEN PROPERLY CENTERED ON THE FILM. OH YES.

WENT TO ON. HE'S LIKE THAT. I THOUGHT OF THAT MAN SITTING DOWN OVER THERE AND LIKE YOU KNOW, DROP THERE ARE PERVIOUS BECAUSE YOU GUYS STEP IN HERE.

>> YEAH WELL YOU KNOW LOOK LOOK WE CAN'T ANSWER THAT WITHOUT SEEING SEE WHAT MINIMIZE IT.

[10. Mr. Martin Snoddy is request a Variance to construct a carport two (2) feet from the side property line. Property is located at 2005 Cypress Street, Port Royal Island, and is zoned T3-Hamlet Neighborhood (T3HN)]

>> AND THAT'S WHY I'M APPLYING FOR THE BARIUM. I WORK 14 16 HOUR DAYS AND EVERYBODY ELSE'S PRESENTATION. I'M KIND OF REALIZING MAYBE I NEED TO BE A LITTLE MORE ADEQUATELY PREPARED BUT FROG FACE IN THE HOUSE, PUT IT ON THE LAB AND IT'S FIVE FEET

WITHIN THE ADJACENT PROPERTY LINE BEFORE I CAME IN TODAY. >> I GAVE A LETTER OF THE HOMEOWNER GOT THIS MISS LINDA. I TALKED HER ON SEVERAL OCCASIONS.

SHE THINKS IT'D BE A GREAT IDEA . LOOKS BEAUTIFUL.

SHE'S THE ONE THAT WOULD BE MOST AFFECTED BY IT. AND THEN OF COURSE LETTERS WERE

SENT OUT TO NEIGHBORS AS WELL. >> AND I'VE GOT ZERO OBJECTIONS.

>> I CAN'T PUT IT IN ANY OTHER PLACE DUE TO SEPTIC DRAIN FIELD AND IRRIGATION SYSTEMS.

SO THAT KIND OF LEAVES ME WITH THAT ONE PLACE TO PUT IT. >> AND AS OF NOW THERE'S AN

UNSIGHTLY GAP THERE. >> AND I BELIEVE THAT IT IS JUST AN IDEAL PLACE TO PUT IT.

>> PLUS, YOU KNOW, IT'S HOW I MAKE MY LIVING. EVERY TIME THAT THERE'S A RAINSTORM THOSE MATERIALS GET WET. IT JUST KIND OF MAKES LIFE DIFFICULT. I'M TRYING TO MINIMIZE SOME OF THAT DIFFICULTY ON A DAY TO DAY BASIS JUST LIKE I SAID GET OUT THERE, WORK EVERY DAY AND IT'S JUST ME FOR NOW.

>> SO THAT'S THAT'S WHY I'M APPLYING FOR HELP. >> MR. SNYDER.

YOU SAID THAT THE EXISTING CARPORT WAS NOT BIG ENOUGH. YES, MA'AM.

IS THAT A PRETTY MANUFACTURED ONE OR IS IT CONNECTED TO THE HOUSE? CONNECTED TO THE HOUSE. OK, GIVEN THAT DON'T IF I MAY HAVE A QUESTION JUST WHAT'S PREVENTING YOU FROM MOVING THEIR CORE PORT FORWARD THEN SLIGHTLY TO THE RIGHT?

>> SO IDENTITY SET ON THIS PLAN . HOWEVER THEIR HEAT PUMPS THEY'RE THERE TO HEAT PUMPS AND THAT KIND OF GETS IN THE WAY AND THEN THE SEPTIC ENTRY IS THERE AND THEN OF COURSE THE DRAIN FIELD GOES OUT IN FRONT OR AS YOU'RE LOOKING AT THE

[02:25:03]

FROM THE BACK IT'S IN FRONT OF THE SEPTIC INTO THE RIGHT. >> SO IT'S NOT RECOMMENDED THAT ANYONE DRIVE ON THAT? NO, I UNDERSTAND WHAT I'M SAYING MOVED IT TO THE FRONT OF THE HOUSE, NOT THE BACK OF THE HOUSE. OH YOU'RE TALKING ABOUT.

>> OK. YEAH, I SEE. SO ALL IRRIGATION LINES ARE THERE RIGHT IN IT'S NOT RECOMMENDED THAT I DRIVE ON THOSE EITHER.

>> ARE YOU GOING TO DO A DRIVEWAY OR JUST GOT ACROSS THE DIRT?

>> JUST I THINK I'M GOING TO GET SOME MORE UNDERNEATH THAT. YEAH I MEAN UNDERNEATH THE CARPORT. YEAH. SLAB THERE.

YEP. AND THEN ANCHORED THERE AND IT'D BE A FREESTANDING THING SO AT ANY POINT IT NEEDED TO GET MOVED AND DEMOLISHED IT COULD. IT'S TO HAVE THE ANCHOR TO COMPLY WITH THE HURRICANE PLAN. IT SAY IT'S A SLAB YOU COULDN'T READJUST THOSE IRRIGATION LINES A LITTLE BIT. NO THEY'RE YOU CAN'T AT THE AT THE MOMENT DUE TO BUDGETING AND THEY THEY'VE EXISTED ALREADY AND IT'S SINCE IT'S NOT QUITE A PRIORITY AT THE MOMENT IT'S IT'S KIND OF A DIFFICULT THING I HAVE TO GET A SPECIALIST OUT THERE AND THERE'S ALSO A TREE RIGHT IN THE CENTER WHERE THAT IRRIGATION IS WHICH COULD GET IN THE WAY.

>> SO THAT'S KIND OF WHAT I'M DEALING WITH. >> YOU WON'T HAVE TO CUT DOWN THOSE TWO TREES WHERE YOU GET. NO. NO THERE PROBABLY WATER OAKS.

>> YEAH. AND I CAN FIT MY CAR THERE NOW IT WORKS AS A PRETTY REASONABLE

PARKING SPACE BUT IT'S JUST A MATTER KEEPING IT IN THE DRY. >> THAT'S KIND OF THE ISSUE

THAT YOU STAFF'S RECOMMENDATION. >> NO SIR.

THEY RECOMMENDED DISAPPROVAL THAT DOESN'T MEET THE CRITERIA THAT WE HAVE TO FOLLOW.

YES SIR. AND I DID READ THAT. BRING IT WITH ME.

AND ONE OF THE REASONS FOR DISAPPROVAL WAS ACCESS. BUT THERE WAS AT ONE POINT A FENCE THERE THAT COULDN'T MOVE. AND IT'S MY UNDERSTANDING THAT FIRE TRUCKS HAVE 100 FOOT HOSES WHERE THEY WOULD BE TO EXTINGUISH ANY FIRE THAT WAS TO HAPPEN.

CHAIRMAN. YES, WE'LL GET IT ELSEWHERE. NO, SIR.

THANK YOU. CAN WE HEAR FROM THE CAPTAIN? OK.

WELL, I THINK YOU KNOW, GENERAL FACTS OF THE CASE THAT I THINK BASICALLY THE APPLICANT IS PROPOSING TO CONSTRUCT THE CARPORT 12 FEET FROM THE PROPERTY LINE, THE SIDE YARD SETBACK IS 10 FEET AND WITH ANCILLARY STRUCTURES FIVE FEET FROM THE PROPERTY.

>> SO THIS THIS IS ENCROACHING THAT REQUIRED SETBACK STAFF HAS CONCERNED THAT THERE ARE A LOT OF NONCONFORMING CONDITIONS AT THE SITE SPECIFICALLY THE EXISTING CARPORT.

SO IT'S JUST SIMPLY ADDING ANOTHER NONCONFORMING SITUATION ON THIS PARTICULAR SITE.

IN SOME OF THE CONCERN I THINK IF THIS PREPARED BY MISS AUSTEN IS NOT HERE BUT SPEAKING TO HER THERE IS A CONCERN THAT YOU THAT THIS IS RESTRICTING ACCESS TO THE REAR OF THE PROPERTY THAT THIS SITUATION, YOU KNOW, READ IT ON OTHER PROPERTIES COULD REALLY RESTRICT FIRE ANY

MSA SERVICE TO THE REAR OF THE PROPERTY. >> BUT I MEAN ARE THERE'S A LOT OF HOUSES NEVER IT'S THAT THE ACCESS IS RESTRICTED TO THE BACK OF THE PROPERTY.

>> YEAH. I MEAN I MEAN JUST BY THEIR OWN JUST EVEN LIVING AND SEEING IN

CERTAIN NEIGHBORHOODS. >> I GUESS THE OTHER ISSUE IS THAT WHAT WHAT'S THE NET THAT

[02:30:01]

SO RICHMOND INTO THE FIVE. SO WE'RE ASKING FOR A THREE FOOT VARIANCE FOR HIS SHED TO PUT THIS CAR UNDER. LOOKS LIKE IT'S OPEN. SO IF HE NEEDED TO GET BACK, I THINK YOU'RE GOING TO GET A FIRE TRUCK IN BETWEEN THE TREES THERE ANYWAY.

YOU. TRUCKS YOU CAN'T DRIVE THROUGH AND TREES AND I THINK ALSO JUST LOOKING AT THE REQUIREMENTS THERE'S CRITERIA FOR VARIANCE THAT CONCERNS THAT'S COLOR OFF,

YOU KNOW, OPTIONS THAT DID NOT ENCROACH OR NOT. >> I THINK THAT THOSE WERE ALL BEFORE WE HAD DISCUSSIONS ABOUT THE FRONT YARD WHERE WE HAVE THE ISSUE WITH THE IRRIGATION

BEAUTIFUL LICENSE. >> BUT I DO HAVE ONE MORE PER YEAR AWAY.

DID YOU MAKE THIS 10 FEET WIDE INSTEAD? WELL, SO I'M SORRY.

>> COULD YOU MAKE IT 10 FEET WIDE INSTEAD OF 12 FEET? >> I THINK I COULD I'D HAVE TO

EXPLORE MORE OPTIONS. >> THE CURRENT ONE I WAS LOOKING AT WAS 12 AND TO BE HONEST WITH YOU I HAVEN'T EXPLORED 10 FOOT OPTIONS AT THE MOMENT.

SO THAT WOULD PUT ONE FOOT IN WITH 10 FEET. SUTURE PURPOSES TO A DEGREE BETTER THAN NOTHING. YES. NOTHING.

YOU KNOW, IT'S IT'S KIND OF A MEANS OF COMFORT AS FAR AS OPENING UP DOORS AND RENDERING OR CLEANING OUT CLEANING THE VEHICLE WHICH IS A NIGHTLY THING.

>> BUT AGAIN, YOU KNOW THAT THAT COULD BE SOMETHING THAT THAT COULD BE EXPLORED.

>> THAT PROBABLY A GOOD BECAUSE YOU KNOW, ONE OF THE CRITERIA WE HAVE IS THAT IF WE DO GET A VARIANCE, IT HAS TO BE THE MINIMUM NECESSARY TO ALLOW FOR THE LEAKS.

SO IF 10 FEET IS GOING TO WORK FOR YOU, IF 12 FEET GIVES YOU A THREE FOOT ENCROACHMENT OF THE BUFFER THE TENTH IT GIVES YOU ONE FOOT AND THAT'S A THAT'S AN EASY HERSELF.

I CAN'T GUARANTEE YOU WILL APPROVE IT IF IT COMES BACK TO US LIKE THAT.

BUT IT CERTAINLY USE YOURSELF. THE PICTURE ISN'T GOING TO BE BEHIND THE TREES.

I'VE TO THE SIDE OF THE TREE. SO AS YOUR FACE IN THE HOUSE, THE TREES AND THE TREES ARE OVER PART OF WHERE I CAN SEE MY VEHICLE FROM THERE THAT WOULD BE TO ME A LOT MORE APPEALING

VISUALLY THAN THEY HAD IN MIND. YEAH. >> YES, MA'AM.

YES. YEAH. THAT'S THE FRONT YARD.

I JUST I WOULD I WOULDN'T KNOW. >> AND I FEEL THAT SENSE OF COULD BE CONSIDERED A TEMPORARY STRUCTURE BUT THAT IS A LITTLE DIFFERENT. ALSO I MEAN IT'S NOT TEMPORARY BUT IT COULD BE EASILY NECESSARY. SO THIS IS A VERY TOUGH PROVISION D OF PUBLIC COMMENT. IT'S FAIRLY PUBLIC COMMENT FOR ITEM NUMBER 10.

>> SHERIFF DEPUTY EVEN LEFT OR RIGHT. >> YEAH, SHE'S NOT HERE.

>> ALL RIGHT. WELL A LOT OF CALLS ARE PUBLIC COMMENT SO I GUESS THE QUESTION IS ONCE AGAIN DO YOU WANT TO GO A CONTINUANCE TO LOOK AT A 10 FOOT UNIT AND BRING IT BACK TO

US? WOULD. >> I'D LIKE TO MAKE IT WHERE IT IS LEGAL. I NEED TO ASK US TO VOTE ON IT. SEE THEM.

BUT IF IT GETS TURNED DOWN AND YOU CAN'T FOLLOW THE SAME APPLICATION FOR ANOTHER YEAR OR ANOTHER YEAR. CORRECT. SO IF IT IF I WENT TO VOTE THIS EVENING AND CHANGE THE APPLICATION TO IT TO ATTEND BUT DOES THAT CHANGE APPLICATION?

>> I HAVE TO ASK THOSE FOLKS OVER THERE. WELL, YOU KNOW, YOU ALL HAVE A RIGHT TO MODIFY THE REQUEST. SO IF YOU'RE MORE CULPABLE AND NO A CONDITION AND YOU FEEL THAT I CAN'T PUT PRODUCT MINIMIZES THE IMPACT AND HE'S AGREEABLE A YOU ARGUMENT MAKE A MOTION TO APPROVE THE VARIANCE WITH THAT CONDITION TONIGHT. BUT CAN HE BUY A 10 FOOT THAT IF THAT'S THE WHAT HE MAY WANT TO. HE MAY WANT TO REPORT FOR A THEN AND DECIDE ON TIME AND ONE THAT YES THAT MIGHT BE THE THING TO DO BECAUSE IF I MAKE MORE MEASUREMENTS AND DEPENDING ON HOW THE TRUCK DOOR IS OPEN AT THE MOMENT AND 10 FOOT WOULD

[02:35:04]

DON'T KNOW WHETHER TO TRY TO VOTE THIS EVENING. >> YOU CAN GET A SMALLER THAN A 10 FOOT SO WE I WOULD I WOULD I WOULD REQUEST JUST A MARK JUST A MONTH EFFECT.

>> YEAH. I WOULD LIKE TO REQUEST A CONTINUANCE THEN AND COME BACK IN A MONTH AND DO A LITTLE MORE RESEARCH AND BE A LITTLE MORE PREPARED FOR Y'ALL AND I MOVED

SECOND PROBABLY A SECOND ALL THE PEOPLE TO THANK YOU. >> LET'S SAY YOU PUT A TEN FOOT

[12. Mr. Kenneth Glasson is appealing the decision of the Zoning Administrator to not issue a Zoning Permit for a Short Term Rental Unit within the Habersham Planned Unit Development. Property is located at 3 Mount Grace, Port Royal Island, and is zoned Habersham Planned Unit Development (PUD)]

MY WIFE AND I RETIRED AFTER ABOUT FOUR YEARS AGO I WAS DENIED A LIFETIME WHICH IS FORBID ME TO EVER DO AGAIN AND I JUST WANT TO THANK YOU. REGARDLESS OF HOW YOU VOTE ON THIS TONIGHT, I DON'T THINK THE GENERAL PUBLIC REALLY UNDERSTANDS THE WORK THAT YOU ALL DO. HAVING SEEN IT OVER AND OVER AGAIN, THE STAFF I MEAN YOU HAVE DONE FOR THE MONEY. THE LOVE OF THE 31 MARINE VETERAN.

I DO APPRECIATE THAT. THANK YOU. >> THANK YOU.

RESERVE THE SHORT THAT YOU WANT THIS BACK ON MY TWENTY SEVEN MINUTES AND SEVEN SECONDS.

YOU READY? SO JUST A LITTLE BACKGROUND. I APPROACHED MY WIFE WHEN I BOUGHT HER HOME AFTER FOUR YEARS. WE RETIRED DOWN HERE FROM CHARLESTON. ONE OF THE ISSUES WE ADDRESSED WAS THE RENTAL OF THE EU A HOME WE WERE CONSIDERING PURCHASING. COULD IT BE SHORT TERM OR LONG TERM? AND WE WERE GIVEN THE APPROVAL THAT IT COULD BE EITHER SO THAT SENT BY REAL ESTATE AGENTS BUT THAT WRITING BECAME AN ISSUE. WE STARTED WRITING IT OUT. EVERYTHING WAS FINE.

WE RECEIVED NOTICE FROM THE HOMEOWNERS ASSOCIATION. RIGHT.

TAKE THAT BACK WHEN THE STEERING COMMITTEE WHEN IT ACTUALLY HAVE AN HLA YET.

SO IT'S I WAS CALLED A LITTLE DICTATORSHIP BUT IT'S A STEERING COMMITTEE ASSIGNED BY

THE BUILDER TO OVERSEE THE RULES THAT THEY HAVEN'T PLACE. >> WE RECEIVED NOTICE AND THEY SAID, YOU KNOW, I DO THAT. AND I SAID WELL MY NEIGHBOR FOUR DOORS DOWN GOT A VARIANCE . SHE HAD A UNANIMOUS VOTE TO APPROVE.

SO I SAID WELL OUR RULES SAY YOU CAN'T. AND THEN THEY WENT INTO A COUPLE OF THE MEASUREMENTS AND I SAID WELL LET ME COME OUT, MEET WITH WHAT I MEAN I'LL BE A GOOD NEIGHBOR. SO I WENT OUT AND MET WITH THEM AND AN I SAID WELL WHERE IT DOESN'T SAY THAT THE COVENANTS AND RESTRICTIONS. SO WHERE AND THEY GO WELL IT HADN'T BEEN INVENTED YET. THAT WAS 1997 WHEN THE PLUG WAS PUT TOGETHER AND APPROVED AND SHORT TERM RENTAL SO FAR BACK. SO I SAID WELL THEN EDUCATE ME WHY WOULD I NOT OR WOULD I WANT TO HAVE A VOTE? AND THEY SAID WELL WE HAVE AN ISSUE WITH PARKING.

WE HAVE AN ISSUE WITH THE CIVILITY ISSUE. WE DON'T WANT RENTERS COMING IN SHORT TERM AND USING THE POOR WE WANT THEM USING OUR RESTAURANTS.

AND I AGREE WITH ALL THAT. YOU KNOW, I LONG. THE PROBLEM IS IS THAT THEY

APPROVE VIA THE COUNTY'S ALLOWANCE A LONG TERM RENTAL. >> BUT IT'S JUST THE OPPOSITE OF WHAT THE REAL EFFECT ON RENTING LONG TERM WHICH WE'VE HAD LONG TERM RENTERS IN THERE.

I'M NOT GOING TO LOOK FOR RESTAURANTS TO VIOLENCE. I'M.

I'M GOING OUT SHOPPING AT A GROCERY STORE AND BRING IT INTO THE KITCHEN.

IT'S A FULL KITCHENETTE. THE PARKING IS PERMANENT BECAUSE THEY HAVE A JOB THAT COMING IN EACH NIGHT AND THEY IT PERMANENTLY PUTS A A HEADACHE ON THE PARKING.

>> AND THEN EVENTUALLY THEY'RE GOING TO FIGURE OUT THAT WE HAVE A WATERFRONT DOCK AND WE HAVE A POOL AND THEY'RE GONNA WANT ACCESS FOR SHORT TERM RENTALS AND A PREPONDERANCE OF THEM HAVE BEEN MARINE FAMILIES GRADUATING THERE AND YOU'RE SEEING THE SITES VERY LIMITED THERE. SO ALL THE EXACT OPPOSITE REASON.

SO IN THAT DISCUSSION I SAID WELL, I WILL CHANGE YOU TO A 30 DAY MORE AND BE A GOOD NEIGHBOR AND THEN I TO READ INTO THIS. SO IN MY READING IN THE NOTES THAT I PROVIDED, YOU KNOW, THERE'S THE ACCOUNTING HAS NOW COME UP IN AND OFFERS THAT THERE IS YOU CAN RENT SHORT TERM AND THEY WANT TO GET THEIR TAXES. SO THERE IS A REGISTRATION AND I MET WITH. CAPTAIN BYRNES I GET EVERYTHING APPROVED.

HE CAME AND INSPECTED. I THINK THAT DENIAL FROM THE COUNTY AND I I KNOW MISS AUSTEN IS A FORMER MARINE SO WE HAD A LOT OF FUN AND SHE SAID LOOK, YOU KNOW, SHE IS PUT IN A POSITION THAT THE NEIGHBOR SAID THEY DON'T ALLOW FOR THE NEIGHBORHOOD DOESN'T LIKE IT BUT IT'S NOT AN UNAPPROVED USE BASED ON THE LAWS THAT ARE SET INSIDE THE COUNTY.

>> SO I HIGHLIGHTED SOME AREAS I UNDERLINED THAT CAME THROUGH ON THE LETTER THAT THEY HAVE

[02:40:04]

>> BUT ACTUALLY IF YOU LOOK AT THE CODE AND I WAS INFORMED THAT IT IS IT'S ABOUT TO BE CHANGED THAT THE COUNTY HAS NO RULES STATE THAT IS A RENTAL IN BRAZIL TO BE A BUSINESS IS TWO OR MORE SHORT TERM OR LONG TERM FOR A SINGLE UNIT. IT'S NOT CONSIDERED A BUSINESS THAT'S A DICTAPHONE TO WHAT THEIR GUIDELINES WERE OF WHAT THEY WANTED.

I MEAN I THINK IT COMES DOWN TO A WANT OR NEED. YOU KNOW, I WANT TO HAVE A FIRM AND I CAN'T BECAUSE I AM SOMEONE ELSE. AT THE END OF THE DAY THE LAWS ALLOW THIS TYPE OF USE AND QUITE FRANKLY MY WIFE AND I ARE IN A POSITION WE DON'T EVEN KNOW IF WE'RE GOING TO SHORT TERM RENT IT ANYMORE MADE IT INTO AN OFFICE BUT IT'S PERSONAL PROPERTY RIGHT ISSUE AND I SHOULD HAVE THE RIGHT TO RENT OUT MY IDEA.

YOU HAVE EVOLVED AS I AM COVERED IN THAT THE RULES THAT THE COUNTY HAS SET ASIDE AND WE'RE DOING A WHOLE RIBAUT IN THE CITY LONG THAT'S ALLOWED AGAIN.

MY NEIGHBOR WROTE THIS UP AND IT WAS A UNANIMOUS VOTE. YES I KNOW THAT DOESN'T APPLY FOR EXISTENCE RECEIVE LITERALLY FOUR VOTES FOURTH DOWN ANYONE ELSE? NO ONE ELSE DOES ANYONE HAVE ANY QUESTION THINGS THAT I CAN AT THE MOMENT WE ARE THINKING IS CAN WE HAVE WE CAN HOW DID EVENING LAST NIGHT AND EVEN SO STAFF STANDPOINT THE LAWS THAT GOVERN THIS USE ARE THE IT'S THE REGULATING PLAN FOR HABERSHAM.

>> IT'S A IT'S A PLAN UNIT DEVELOPMENTS AND IT'S KIND OF A STANDARD IT'S YOU KNOW, HAS ITS OWN, YOU KNOW, ZONING REQUIREMENTS THAT GOVERN THAT COMMUNITY.

AND IN OUR CODE WE DEFINE SHORT TERM RENTALS AS A AN ACCOMMODATION.

>> IT'S A LODGING AND YOU KNOW AND I AGREE BACK IN 1997 OR WHATEVER HABERSHAM WAS APPROVED SHORT TERM RENTAL WAS NOT RECOGNIZED CONCEPT. I THINK WE HAD BED AND BREAKFAST BACK THEN OR YOU KNOW BUT THE COUNTY HAS DEFINED THAT AS A LODGING USE AND LOOKING AT THE DOCUMENTS GOVERNING HABERSHAM, THE REGULATING PLAN AND APD LODGING IS RESTRICTED TO AREAS ON THAT PLAN THAT ARE DEFINED AS NEIGHBORHOOD CENTER AND NEIGHBORHOOD CENTER ISLAND COMMERCIAL AND THOSE ARE PRIMARILY ALONG MARKET STREET AND HABERSHAM.

>> YOU KNOW WE HAVE THE STOREFRONTS IN SO YOU KNOW FROM OUR STANDPOINT IN ENFORCING THAT WE DO NOT BELIEVE THAT A SHORT TERM RENTALS PERMITTED IN THIS LOCATION.

>> AND I WILL SAY ALSO THAT THE COMMUNITY YOU KNOW, WE HAVE HAD A LOT OF IN ADDITION, YOU KNOW, WE'RE OPERATING UNDER ENFORCING THE LAWS BUT THERE'S BEEN A LOT OF PRESSURE ALSO FROM THE COMMUNITY. THERE'S THERE'S A LOT OF CONCERN ABOUT SHORT TERM RENTALS IN THE RESIDENTIAL AREAS OF HABERSHAM AND SO THAT'S ALL GOOD.

>> BUT THEY DIDN'T GET A VOTE. THAT'S CORRECT. I AGREE.

BUT IT'S IT'S NOT SIMPLY AN ARBITRARY OR YOU KNOW, THE COUNTY HAS NO DEFINED SHORT RENTALS AS IS A LODGING USE AND THEN BASED ON THE LANGUAGE IN THE GOVERN THE REGULATED PLAN

FOR HABERSHAM, IT'S NOT ALLOWED IN THIS LOCATION. >> THAT'S THE BASIS SIMILAR

DENIAL OF MISFORTUNE. OKAY SO IT'S IT'S A PD. >> YES, AND SO THE ZONING IS BASED ON THE MATCH POINT AND WHEN THE THIS CHANGE WAS DONE IN 2015, I MEAN DID IT GO THROUGH THE MASTER PLAN AMENDMENT PROCESS CHANGE IN 2015 THAT WAS HILLARY STAMP THIS PLAN THAT'S ATTACHED TO THE LETTER ON APRIL 2015 AMENDED IT APRIL 2015 TO UPDATE

REGULATED LAND. >> I MEAN IT'S AT A STAFF LEVEL DECISION OR IS THAT A REZONING

[02:45:03]

MASTER AMENDMENT? >> I DON'T HAVE TO RESEARCH THAT FOR YOU THEN WE HAVE WITH PUNY AMENDMENTS WE HAVE MINOR AMENDMENTS THAT CAN BE APPROVED AT THE STAFF LEVEL AND THEN WE HAVE MAJOR AMENDMENTS THAT WE BRING TO THE PLANNING COMMISSION COUNTY COUNCIL AND I'M NOT AWARE THAT THAT WAS A MAJOR AMENDMENTS IF IT WAS AN AMENDMENT TO THE MASTER PLAN, IT WAS SOMETHING DONE AT THE STAFF REVIEW LEVEL THAT'S TYPICALLY YOU KNOW IF INSIDE APPROVING ADDITIONAL DWELLING UNITS OR PUTTING COMMERCIAL LEASES IN RESIDENTIAL AREAS, THOSE ARE THINGS THAT ELEVATE TO THE PLANNING COMMISSION A COUNTY COUNCIL THAT IF IT IS, YOU KNOW, MINOR CHANGES TO THE DOCUMENT MASTER PLAN THEN THAT'S DONE AND I'M NOT SURE I WOULD THINK THAT THAT REALLY THAT'S A MATERIAL EFFECT ON PEOPLE'S RIGHTS USUALLY

APPROPRIATE. >> I DON'T I DON'T KNOW THAT WHICH IS WHY I THINK NEEDS TO BE HERE THE NIGHT LET'S CALL IT YOU ALL OF SOME TIME AGO. YES.

HAS RIGHT UP OR DOWN YOU ALL GET INTO THAT INDUSTRY THE OLD SAYING THAT THE STAFF WAS IN ERROR BY TRYING TO REGULATE SHORT TERM RENTALS IN THIS AREA OF ABOLITION.

I'M CERTAIN THAT DOES IN MY MIND ESTABLISH PERHAPS THAT NOT BECAUSE IF IT WAS IF THE SHORT TERM RENTALS WAS ALLOWED FOR OR DOWN THEN IT WOULD BE ALLOWED BY MR. GLASSMAN TO STOP MAKING THE INCORRECT INTERPRETATION THAT IT WAS NOT SO IN FACT THE HEAVIER SHELL NOT HERE GIVES ME SOME CAUSE FOR CONCERN AS WELL. THEY SAY IT'S PROHIBITED. THEY REALLY NEED TO BEGIN TO PRODUCE IN THE WRITTEN TEXT THAT SAYS THAT SHORT TERM RENTALS WERE PROHIBITED IN USE IN THIS AREA BECAUSE IT'S JUST WRITTEN ON HERE IN JAPAN. I MEAN WHAT DOES YOU'LL REGRET THAT IMPACT BASED UPON THE DEVELOPER CALLING HER AND ON HER WITH IT? I WOULD I WOULD THINK THAT THAT'S SOMETHING THAT WOULD NEED TO GO THROUGH.

THAT'S THE PLAN. I'LL REMEMBER THAT. YEAH, YEAH, YOU'VE HEARD THAT REALLY IT'S A VARIANCE BASED ON THE US OUR INTERPRETATION OF THE AVERAGE SHIN BET THE COVENANTS WELL YOU DON'T REALLY GRASP OF AREA IT'S NOT A BASICALLY I MEAN IT DEPENDS WHERE THEY'RE ALLOWED DO IT IN THE COUNTY BUT IF THE COVENANTS RESTRICTS THEM THE COVENANT REALLY COVENANTS DON'T THEY HAVE NOT CHANGED THAT. I THINK THEY'RE EXPANSE IN OF PARCELS THAT'S WHY IT HASN'T BEEN RESUBMITTED I WOULD IMAGINE REQUIRE A REVOTE OF ALL THE OWNERS AND THAT'S ANOTHER THING I DON'T THINK THAT THEY EXISTING PREVIOUS OWNERS AND THE GROWTH HAS THERE WOULD ALIGN WITH A NECESSARY TO POLL OF WHAT THEY'RE WHAT THEY WANT

TO DO. >> I MEAN I THINK THE PREPONDERANCE OF THE RESIDENTS THAT I'VE MET THOUGHT AND I HAVE READ THIS AROUND AND SPOKEN TO AMAZON WHAT I FOUND IS THAT PEOPLE WANT TO HAVE THE RIGHT THINKING WELL WHY WOULD THEY ALLOW YOU TO RENT UNDER THE BUSINESS LAWS 30 DAYS OR MORE FOR THE EXACT SAME FACILITY? NOT FOR FIRST TIME AND I ONLY WILL BE THAT THE AVERAGE HOMEOWNER'S ASSOCIATION OR BUSINESS ENTITY ANY SHORT TERM RENTALS BRING IN PERSPECTIVE. I DON'T WANT TO COME OUT NOW BUT IT WILL RESPOND. THAT'S ALL THEY HAVE FOR MY FACILITY, MY PROPERTY I HAVE A RENTER. HOW AWFUL FOR THAT RENTER SOURCE OUR FORMER TERM I MEAN I THINK IT WAS A GIANT PERHAPS LAND TO ALLOW THINGS TO REALLY PROMOTE IT SO YOU GET PEOPLE IN THERE IT'S ABOUT THE RIGHT PEOPLE GO VISIT AND THEY WANT TO BUY IS A GREAT PLACE.

I LIKE TO LIVE IN. YOU KNOW I DO REMEMBER THAT LAST YEAR MAYBE YOU MEAN I DON'T RECALL THE EXACT DETAILS OF A WRITE OFF. I THINK IT WAS OVER THE GARAGE APARTMENT MONDAY. YES, SIR. I REALLY ASK AROUND IT BASICALLY CENTERED AROUND A PREVIOUS SEASON THAT FREAKED ME OUT I OWNING MORE GOALS MADE SAYS THAT SOME OF THEM REGARDING TWENTY NINE DAYS AND THIRTY DAYS SOME YOU ALL THAT BILL WAS ON AND PILLS MY REMEMBER SUCH A DECISION REGARDING SHORT THE MORALS IN THE PAST BUT YOU ALL ARE FREE THAT'S OK. I THINK THAT ESTABLISHES THE FACT THAT YOU KNOW STAFF WAS IN ERROR OF SAYING THAT SHORT TERM RENTALS WERE PROHIBITED IN THIS AREA INSPECT AND SPOT CHATTER SAYING THAT THEY HAVEN'T CHANGED THEIR GOD ON OUR PRESIDENT'S YEAH US TRY TO DO THAT IF YOU WANT TO PUT THE EVERYTHING ELSE HIS BIRTH PUBLIC COMMENT NO PUBLIC COMMENT HERE ON THIS. NO.

ANOTHER REVEALED NO NOT YET BUT NOBODY HERE IS WHAT ANYONE UP? WELL WE POSED THAT PART OF THIS

[02:50:11]

DIRECTOR AND APPROVED THE SHORT TERM RELATIVES. >> I'LL SECOND THAT MUSLIM AND ME THAT SECOND ALL WITH PEOPLE JUST SAY I'M NOT. I WILL MAKE IT CLEAR FOR THE RECORD THAT THERE WILL BE A REQUIREMENT FOR A BUSINESS LICENSE FIRM.

YES ACTUALLY HAS TO BE FOLLOWED. WE DON'T GET ACCOMMODATION TAXES. THEY GET THE LOW LEVEL TECHNICAL STUFF.

I CAN KIND OF GO WE'VE GOT ANGER YOU DO THAT. YOU'VE BEEN VERY PATIENT.

YES. YOU GO AHEAD AND BRING BACK THE OLD POWER VACUUM.

ALL THE OTHER PEOPLE THAT ARE INFECTED, AREN'T YA? WELL I HAVE THE I DON'T KNOW WHAT I WAS LOOKING FOR IT EARLY. HE DIDN'T EVEN MAKE A HANGING OUT OF IT. YOU DON'T EVEN KNOW IT. YES SIR I AM GOING T

* This transcript was compiled from uncorrected Closed Captioning.