Dec 05, 2022 Planning Commission

APPROVAL OF THE MINUTES FOR SEPTEMBER THE EIGHTH, WHICH IS WHEN WE LAST CONVENED.

WAY NOTICE HAS BEEN POSTED, UM,

[4. APPROVAL OF MINUTES – September 8, 2022]

ARE THERE ANY COMMENTS, IONS HEARING NONE.

I HAVE, HAVE A MOTION FOR PASSING MR. CHAIRMAN, I MOVE THAT WE APPROVE THE, UH, THE MINUTE, SECOND.

ALL THOSE, UH, FAVOR RAISE YOUR HAND.

UM, OKAY, THE AGENDA.

DOES ANYBODY WISH TO ADD TO THE AGENDA ON THE, ON THE COMMISSION? NO.

WE'RE AT THE PORTION NOW WHERE, FOR CITIZENS COMMENTS, IF ANY OF YOU WOULD CARE TO MAKE A COMMENT TO THE COMMISSION ABOUT AN ITEM THAT'S NOT ON THE AGENDA.

AND, UM, UM, I MIGHT POINT OUT TO YOU.

I'VE SEEING NONE.

UM, I MIGHT POINT OUT TO YOU THE NEXT ITEM THAT WE WERE GOING DO.

FIRST ACTION ITEM WAS THE ZONING MAP, A AMENDMENT REZONING REQUEST FOR 10 ACRES AT 76 MAY RIVER ROAD THAT'S BEEN PULLED, UM, PULLED BY THE, UH, BUYER.

YES, THE APPLICANT, UH, APPROACHED THE PLANNING DEPARTMENT.

OH, THANK YOU.

THE APPLICANT APPROACHED THE PLANNING DEPARTMENT AND REQUESTED IT BE PULLED FROM THE AGENDA.

UM, YOU KNOW, SO IT IS NO LONGER, THE APPLICATION IS NO LONGER ACTIVE, AND SO THEY'RE NOT PROCEEDING.

THAT BEING THE CASE, THEN WE'LL MOVE TO ITEM NUMBER EIGHT ON THE AGENDA, WHICH IS A, A TEXT, A QUESTION.

EXCUSE ME.

YEAH, UH, WELL, I GUESS WE NEED TO GO BACKWARDS THEN.

SHE NEEDS TO COME.

MA'AM, MA'AM, BE A COMMENT ABOUT SOMETHING THAT'S NOT ON THE AGENDA.

MA'AM, MA'AM, EXCUSE ME.

MA'AM, CAN YOU PLEASE COME UP TO THE PODIUM AND STATE YOUR NAME? AND THAT'S WHY I MENTIONED IT, CUZ I FIGURED SOME OF YOU MIGHT BE IN THE AUDIENCE ON THAT PARTICULAR ISSUE.

AND YOU'RE WELCOME TO COMMENT AS IT AS A NON AGENDA ITEM AT THIS POINT.

SO, UH, AS A NON AGENDA ITEM, I WAS WONDERING IF IT'S GOING TO BE COMING UP IN THE FUTURE.

UM, WHAT IS THE PLAN FROM HERE? WELL, THE APPLICATION THEY SUBMITTED IS, IS NOW, YOU KNOW, THEY WOULD HAVE TO RESUBMIT.

THEY HAVE TO START THE PROCESS ALL OVER, SO OVER, SO UNTIL THAT HAPPENS, YOU KNOW, WE'RE, IT'S, IT'S NOTHING TO DISCUSS.

THERE'S NOTHING TO DISCUSS.

SO IT DOESN'T HELP FOR ME TO, UH, GIVE MY OPINION ON THIS AT THIS TIME.

IF YOU'RE HERE, YOU KNOW, AND I WILLAND I WOULD SAY I'M GONNA, YOU HAVE, YOU HAVE THREE MINUTES.

YOU CAN SAY WHATEVER YOU WISH.

UM, THIS WHOLE TRAFFIC CIRCLE AREA IS JUST A NIGHTMARE RIGHT NOW.

WELL, WHAT I WOULD LIKE TO SAY IS, I HAVE BEEN IN THIS COUNTY SINCE 1987.

I'M SORRY, WOULD YOU STATE YOUR NAME FIRST PLEASE? I'M SORRY.

I'M PATRICIA WARNER, AND I LIVE AT 70 MEADOW DRIVE, UM, WHICH IS JUST ADJACENT TO THIS PROPERTY IN QUESTION.

I HAVE LIVED ON THAT PROPERTY SINCE 2000.

I HAVE BEEN A RESIDENT OF BEAUFORT COUNTY SINCE 1987.

THAT PROPERTY HAS ALWAYS BEEN, UH, AGRICULTURAL.

AND I CAME HERE BECAUSE I WAS HOPING THE COUNTY WOULD LISTEN TO US BECAUSE THE BLUFFTON CITY WILL NOT LISTEN TO ANYTHING THAT WE, I MEAN, THEY JUST FORCED DEVELOPMENT ON HIS LEFT AND RIGHT.

THERE ARE A NUMBER OF FOUR, 200 YEAR OLD OAK LIVE OAKS ON THAT PROPERTY.

AT LEAST HALF A DOZEN, A VERY HISTORIC AREA.

I TAKE MY LIFE IN MY HANDS EVERY TIME I LEAVE MY HOUSE TO GO TO WORK AND TAKE MY SON TO SCHOOL EVERY DAY BECAUSE I HAVE ABOUT A HALF A SECOND TO GET OUT OF THAT ROAD BEFORE I GET HIT BY A CAR.

AND I, AND THERE'S NO CHOICE.

THERE'S CARS COMING FROM SAVANNAH, THERE'S CARS COMING OUT OF BLUFFTON, THEY'RE GOING BOTH WAYS.

AND I HAVE TO TURN LEFT.

I HAVE NO CHOICE.

SO YOU PEEL WHEELS OUT OF THERE EVERY SINGLE TIME YOU LEAVE TO GO TO WORK.

AND I KNOW WE JUST PASSED THIS 1% SALES TAX.

HOW ABOUT A LITTLE GREEN SPACE IN THIS AREA? I MEAN, THERE'S COMMERCIAL DEVELOPMENT ACROSS THE STREET.

THERE'S COMMERCIAL DEVELOPMENT DIRECTLY ADJACENT TO THIS PROPERTY OF A HUNDRED PLUS ACRES.

[00:05:02]

SO THAT'S REALLY ALL I HAVE.

WELL, THANK YOU.

THANK YOU FOR YOUR COMMENTS.

YOU'RE WELCOME TO, TO RETURN SHOULD THIS ISSUE BE CONSIDERED AT A FUTURE DATE.

IS THERE ANYBODY ELSE WHO WANTED TO COMMENT ON THE COMMISSION? YES, SIR.

WOULD YOU PLEASE STATE YOUR NAME AND YOUR ADDRESS? UH, MIKE SEKA, 2 75 WHEELHOUSE WAY.

UM, I JUST WANNA PIGGYBACK ON THAT.

I THINK THE AREA IS OVER CONGESTED RIGHT NOW AND THERE'S A NEW, OBVIOUSLY, YOU KNOW, THE NEW VILLAGE, WHICH PROBABLY DIDN'T FACTOR INTO THEIR, UM, TRAFFIC, UH, REPORT.

IT'S, IT'S CRAZY RIGHT NOW AND IT'S GONNA BE CRAZIER.

SO I WOULD SAY RE YOU KNOW, I REALLY CONSIDER THIS, UH, IF IT COMES BACK.

THANK YOU FOR YOUR COMING.

OKAY, THERE WILL BE NO COMMENTS.

DOES ANYONE ELSE CARE TO COMMENT ON THE NON AGENDA ITEM?

[8. TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE (CDC): APPENDIX C.2 (ROBERT SMALLS PARKWAY (SC 170)) TO UPDATE ACCESS MANAGEMENT STANDARDS]

WE'LL MOVE ON THEN TO ITEM EIGHT.

UH, TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE, UM, ON EXCESS MANAGEMENT STANDARDS.

ROBERT SMALLS PARKWAY.

YES, SIR.

GOOD EVENING.

UH, ERIC LAWSON, BEAUFORD COUNTY DIRECTOR OF ENGINEERING.

I HAVEN'T HAD THE PLEASURE TO MEET YOU ALL YET.

I'VE ONLY BEEN HERE FOR ABOUT SIX MONTHS, SO, OH, WOW.

UM, THIS IS THE TEXT AMENDMENT THOUGH, FOR THE, ARE YOU THE ENGINEER? YES.

THEY ARE ACTUALLY LOOKING AT A OVERALL CORRIDOR, UM, STUDY ALONG US OR SC ONE 70 FROM THE TRAFFIC CIRCLE OVER AT 46 ALL THE WAY TO BOUNDARY.

NICE TO MEET YOU.

NICE TO MEET YOU AS WELL.

UM, SO THIS IS A TEXT AMENDMENT FOR THE, FOR THE ONE 70 ACCESS MANAGEMENT PLAN.

UH, BASICALLY WE HAD, UH, CONTRACTED WITH ANDREWS ENGINEERING TO TAKE A LOOK AT THIS JUST BECAUSE OF ALL THE DEVELOPMENT THAT WE HAVE COMING IN THIS AREA.

UM, SO THIS IS A LOOK AT ONE 70 BETWEEN, UH, UM, CASTLE ROCK AND WK ALSTON AS WELL AS BROAD RIVER, UH, BETWEEN WK STEN AND JOE FRAZIER.

SO KIND OF LOOKING AT THAT ENTIRE AREA, ASSESSING, UH, JUST CHANGES THAT HAVE OCCURRED, UH, SINCE THE ACCESS MANAGEMENT PLAN WAS DONE.

UM, LOOKING AT EXISTING AND PROPOSED DEVELOPMENT, LOOKING AT THE TRAFFIC PATTERNS, UH, IN AND AROUND THE CORRIDOR, UH, LOOKING AT THE CRASH HISTORY OF THE CORRIDOR ITSELF.

AND THEN LOOKING AT THE 2040, UH, VOLUMES FROM THE, UH, REGIONAL TRAVEL DEMAND MODEL FROM EL COG.

SO, UM, BASICALLY THE, AND THEN THE DEVELOPMENTS THAT WE SEE IN THE AREA, OBVIOUSLY WITH BU STATION, THAT'S CURRENTLY UNDER CONSTRUCTION.

AND THEN THERE'S A COUPLE OF OTHER DEVELOPMENTS THAT ARE PROPOSED.

UM, SOME LARGER APARTMENT COMPLEXES AT, IT'S THE WATER CREST APARTMENTS AT BROAD RIVER AND WK ALSTON, OLD JERICHO APARTMENTS ON OLD JERICHO BETWEEN ONE 70 AND U US 21 AND THE ONE 70 APARTMENTS AS WELL AS THE MEDICAL OFFICE, UM, THERE ON ONE 70 NEAR WK AUSTIN.

SO SOME OF THE DEVELOPMENTS THAT WE'RE SEEING AT LEAST BEING PROPOSED IN THE AREA, AND OBVIOUSLY ONE CURRENTLY UNDER CONSTRUCTION RIGHT NOW.

SO BASED UPON ALL THAT INFORMATION, THE RECOMMENDATIONS THAT CAME OUT OF THE UPDATED STUDY WAS THE EXTENS OF JOE FRAZIER ROAD FROM BROAD RIVER DOWN TO ONE 70, AND CONNECTING WITH A REALIGNED, UM, GOTHY HILL ROAD, UM, THAT CONNECTS THEM FARTHER TO THE SOUTH AT A SYMBOLIZED INTERSECTION THERE.

UM, POTENTIALLY, UH, SIGNALIZING THE INTERSECTION OF BROAD RIVER BOULEVARD AND WK STON.

CURRENTLY THAT'S JUST THE STOP CONTROL INTERSECTION, UM, SIGNALIZATION AND REALIGNMENT OF GOTHE HILL EAST AND THE BRIDGES PREPARATORY SCHOOL, UH, LOCATION.

SO A LOT OF CONGESTION, ESPECIALLY IN THE MORNING AND THE AFTERNOONS AND THAT LOCATION.

SO IT WOULD PLACE A SIGNAL AT THE ENTRANCE TO THE, THE PREP PREP SCHOOL THERE.

SO, AND THEN IN ADDITION TO THAT, JUST NUMEROUS, UH, ACCESS A NEW NETWORK OF CONNECTION ROADS IN BETWEEN THOSE DEVELOPMENTS AS WELL AS ACCESS OUT THEN TO ONE 70 WK AUSTIN GOTHE ROAD, UM, BROAD RIVER ROAD.

UM, AND, AND REALLY ALL THE, ALL THAT ROAD WORK NETWORK, UM, THROUGHOUT THAT AREA, UM, BASICALLY THE TRAFFIC SIGNAL SPACING IS EXTENDED A LITTLE BIT FARTHER THAN WHAT WAS IN THE ORIGINAL ACCESS MANAGEMENT PLAN, WHICH WAS AT 1900 SQUARE FEET.

AND IT'S BEING PROPOSED TO BE AT, UH, BASICALLY A HALF MILE SPACING, WHICH AGAIN, FROM A TRAFFIC PERSPECTIVE IS MUCH EASIER TO BE ABLE TO COORDINATE SIGNALS, UM, AS WELL AS, UH, LENGTHEN OUT THOSE AREAS WHERE YOU HAVE, UH, POTENTIAL CONFLICTS AND, UH, CONGESTION.

UM, DRIVEWAY SPACING IS TO REMAIN THE SAME.

SO BASICALLY ONE DRIVEWAY PER 500 FEET OF FRONTAGE.

AND THEN THE LAST THING THAT I WANTED TO MENTION WAS, UM, AS A PART OF THE MPO WITH LADS,

[00:10:01]

SO THAT ENTIRE STRETCH IS GONNA BE, UH, IN A CORRIDOR STUDY.

AND THAT'S GONNA TAKE PLACE IN FISCAL YEAR 25.

SO SOMETIME AFTER OCTOBER OF, OF 2020.

SO THAT I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE QUESTIONS.

IS, IS THE, I'M JUST CURIOUS FOR THE PUBLIC, UH, SAKE, ARE YOUR STUDIES ONLINE SO THE PUBLIC CAN SEE WHAT YOU MAY OR MAY NOT DO? YEAH, IF THIS, IF EVERYTHING IS, UH, IS APPROVED, THEN, THEN YES, WE WILL, THIS WILL BE POSTED ONLINE, UM, AND EVERYONE WILL HAVE ACCESS TO THAT.

UH, I HAD JUST QUESTION HERE, JUST, UM, UH, ITEM B AND THE APPLICANT, UH, APPLICATION, UM, YOU MENTIONED TWO, UH, NEW INTERSECTION LOCATIONS AND THE SECOND BULLET, YOU SAID BROAD RIVER BOULEVARD AT JOE FRAZIER ROAD.

DID YOU MEAN, UH, WK STON? NO, IT'S, IT'S ACTUALLY AT JOE FRASER.

IT'S SO JOE FRAZIER.

AND, AND I GUESS WHAT I MEAN BY THAT IS THAT FOURTH LEG OF THAT INTERSECTION DOESN'T EXIST, IS CURRENTLY COLONIAL.

AND SO THERE'LL BE SOME REWORKING OF COLONIAL TO TIE INTO THE EXTENSION JOE FRAZIER, BUT JOE FRAZIER WILL EXTEND FROM THE EAST, OR FARTHER EAST FROM BROAD RIVER AND THEN CONNECT DOWN TO ONE 70.

SO THAT, THAT'S WHAT'S MEANT BY THAT, THAT PARTICULAR BOARD.

ONE LAST QUESTION.

IF I NEED A CURB CUT, ARE YOU THE ONE I COME TO? , YOU'RE THE, YOU'RE THE CHIEF ENGINEER, RIGHT? T YEAH, IT'S, I KNOW YOU, IT'S TECHNICALLY S SC D O T.

UM, AND, BUT NOT, NOT COUNT.

ENCROACHMENT PERMITS ARE, ARE TECHNICALLY DONE VIA OUR PUBLIC WORKS DEPARTMENT AT THIS, AT THIS TIME.

UH, BUT YEAH, THIS IS, UH, WITH THIS BEING AN S E D O T, UH, ROADWAY, THAT'S, THAT'S WHERE THE CAREER CUT WOULD COME FROM.

WHAT'S, UH, WITH BEING PROPOSED NOW, AND YOU SAID YOU'RE GONNA BE DOING ANOTHER STUDY IN 2025, IS THAT YOU'RE LOOKING TO GET THIS INCORPORATED INTO THAT STUDY? CORRECT.

SO THIS IS REALLY GETTING OUT IN FRONT OF DEVELOPMENT THAT WE SEE OCCURRING RIGHT NOW.

UM, SO AGAIN, THIS, THIS SECTION WE SEE A LOT OF OF ACTIVITY GOING ON RIGHT NOW.

IT REALLY CAN'T HOLD OFF UNTIL THAT 2025.

AND AGAIN, THAT'S JUST WHERE THEY'LL GET THAT STUDY STARTED.

SO BASICALLY THE PIECES OF THIS STUDY, SO WE'VE DONE, WE'VE DONE PORTIONS OF CORRIDOR STUDIES ALONG ONE 70, UM, SAY BETWEEN, UM, US 2 78 AND 4 62.

SO AGAIN, THAT PIECE WILL THEN BE INCORPORATED INTO THAT LARGER STUDY AS WELL.

SO THIS IS JUST, THIS IS KIND OF TAKING CARE OF THE INDIVIDUAL PIECES WHERE WE SEE THE MOST CONGESTION AND THE MOST DEVELOPED.

DOES THAT INCORPORATE THE ELK COGS TRANSPORTATION STUDIES THAT WAS DONE MM-HMM.

IN EXTENSIVE PACKAGE? IT'S VERY WELL DONE.

OTHER COMMENTS, QUESTIONS? JUST ONE MORE QUESTION.

, UM, I'VE ONLY BEEN HERE FOR TWO YEARS, SO IS THERE ANY PART WHERE THEY'RE GOING TO BE EXPANDING ONE 70 TO THREE LANE OR WHATEVER? SO THAT, THAT IS ACTUALLY, THAT IS SOMETHING THAT, THAT WE'RE LOOKING AT.

UM, AGAIN, THERE'S SOME NEAR TERM IMPROVEMENTS ON 1 70 70 THAT WE HAVE PROPOSED BETWEEN THE, UH, THE INTERCHANGE AT 2 78 AND 4 62.

RIGHT.

AND THOSE ARE REALLY CAPACITY, UM, AND SAFETY IMPROVEMENTS ALONG THAT CORRIDOR.

AS A NEXT PHASE TO THAT, UM, WE WOULD BE LOOKING AT POTENTIALLY THREE LINING BETWEEN AT LEAST THE INTERCHANGE AND 4 62.

UM, AND AGAIN, THAT BIGGER CORRIDOR STUDY WOULD THEN BETTER DEFINE WHAT THE LIMITS OF POTENTIALLY THREE LANDING IN EACH DIRECTION WOULD, WOULD LOOK LIKE AND HOW THE, HOW THAT WOULD ALL TIE IN.

BY THE CURRENT INFRASTRUCTURE.

YEAH, THERE'S A, UH, AT LEAST A HUNDRED PAGE STU TRANSFER STATION STUDY THAT WAS DONE BY ELCO THAT SHOWS ALL OF THE MAJOR ARTERIES AND WHERE THE CONGESTION'S GOING TO BE OVER THE NEXT FEW YEARS AND WHAT THE PLANS ARE.

INGRESS, EGRESS EXPANSION, CARB CUTS, UM, AND IT'S GONNA COST A LOT OF MONEY , BUT THERE'S, BUT THERE'S, AT LEAST THERE'S A PLAN IN PLACE CUZ IT'S, IT'S UNBELIEVABLE AMOUNT DEVELOPMENT'S GOING ON THAT REALLY CAN'T HANDLE THE CURRENT MM-HMM.

I HAVE A QUESTION.

YES, MA'AM.

SO I HEARD YOU SAY THAT YOU WERE CONSIDERING A TRAFFIC SIGNAL AT WK AUSTIN AND, UH, BROAD RIVER BOULEVARD, THAT IS PART THAT IS IN THE STUDY.

IMPLEMENTED, BUT YES, THAT, THAT IS THE OFFICIAL LOCATION.

AND, AND SO IT WOULD HAVE TO MEET THE TRAFFIC SIGNAL WARRANTS BEFORE THAT? UM, THAT WOULD BE, UM,

[00:15:01]

AND SO THAT'S DUE TO THE NUMBER, THE BUSES AND THE TRAFFIC COMING FROM SCHOOLS.

UH, NOT ONLY THAT, BUT THE, THE PROPOSED DEVELOPMENT THAT'S EVEN AROUND THE AREA.

SO THERE'S SOME APARTMENTS THAT ARE PROPOSED, THE WATER CREST APARTMENTS ARE PROPOSED.

RIGHT.

UM, IN AND AROUND THAT INTERSECTION.

SO AGAIN, JUST BASED UPON THE TRAFFIC VOLUME THAT'S, THAT WILL BE IN THAT AREA.

UM, IT, AGAIN, IT WILL LOOK AT, THERE'S A MANUAL FOR UNIFORM TRAFFIC CONTROL DEVICES THAT COMES FROM, UH, THE FEDERAL GOVERNMENT.

SO IT'S GOTTA MEET THE, ONE OF THE NINE WARRANTS THAT ARE IN THAT, UH, MANUAL.

AND SO THAT WILL BE, UH, UM, WE, WE WILL FOLLOW THROUGH WITH, UM, WITH, UM, WITH ANY KIND OF PROPOSAL ON SIGNALS THERE.

CUZ I DIDN'T HEAR YOU SAY ANYTHING ABOUT JENNINGS ROAD AND THE BROAD RIVER BOULEVARD.

CAUSE YOU KNOW, WE HAVE THE SCHOOL BATTERY CREEK WHERE PEOPLE ARE COMING OUT OF THERE.

SO IS THAT, THAT IS NOT SOMETHING THAT'S GONNA BE CONSIDERED YEAH, THAT'S NOT PROPOSED RIGHT NOW AS A, AS A TRAFFIC SIGNAL.

UM, THERE IS A PROPOSAL FOR A POTENTIAL FRONTAGE ROAD FOR CONNECTION, UH, FARTHER TO THE EAST.

UM, AGAIN, THAT WOULD BE, UM, IT WOULD HAVE TO MEET SIGNAL WARRANTS TO BE ABLE TO BE JUSTIFIED.

UM, BUT YOU KNOW, THE, AS OF RIGHT NOW, THE SIGNALIZE LOCATIONS WOULD BE AT JOE FRAZIER ON BROAD RIVER AND WK AUSTIN ON BROAD RIVER.

UM, SO AS YOU LOOK AT TRAFFIC SIGNALS AND THEIR OPERATION, YOU DO HAVE THE POTENTIAL THAT WITH A SIGNAL ON BOTH ENDS OF JENNINGS THAT THAT WOULD PROVIDE ADDITIONAL GAPS FOR, FOR FOLKS TO TRAVEL TO BE ABLE TO GET OFF OF JENNINGS AS WELL.

IS THERE COORDINATION WITH JASPER COUNTY OR THE OVERLAP WITH THIS STUDY WITH THE OVERALL LA STUDY? ABSOLUTELY.

ABSOLUTELY.

ON, ON THIS PARTICULAR STUDY, THIS IS JUST OURS, BUT YEAH, ON THE, SO AS A PART OF LATS WE COORDINATE WITH, UM, COORDINATION WITH JASPER COUNTY HARDY, UM, BASICALLY ALL THE ENTITIES THAT, THAT TOUCH THE COURT.

YOU KNOW, YOUR ROADS SIX MONTHS IN, I'M PRETTY, THEY'RE WE'RE, THEY'RE STARTING TO SINK IT.

THEY'RE GONNA KEEP YOU GAINFULLY EMPLOYED, LET ME TELL YOU.

DO I, UM, HAVING ANY FURTHER DISCUSSION, IF NOT, CAN I HAVE A MOTION TO APPROVE THE REQUEST FOR TEXT AMENDMENT COMMENCE PUBLIC CODE CAN EXCEED TO, TO UPDATE THE ACCESS MANAGEMENT STANDARDS.

SOD SECOND.

SECOND.

WE HAVE SECOND KEVIN.

UH, ALL THOSE IN FAVOR OF THE MOTION WE RAISE YOUR HAND.

IT'S UNANIMOUS.

THANK YOU VERY MUCH.

YOU HAVE A GREAT EVENING.

NUMBER NINE, TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE.

PLEASURE MEETING YOU.

[9. TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE (CDC): SECTION 5.3.20 (ARCHITECTURAL STANDARDS AND GUIDELINES APPLICABILITY) AND APPENDIX, DIVISION A.1.20 (COMMUNITY PRESERVATION DISTRICTS - RELATIONSHIP TO THE COMMUNITY DEVELOPMENT CODE) TO RESTRICT THAT A SHIPPING CONTAINER OR OTHER SIMILAR PORTABLE STORAGE CONTAINER IS NOT CONSIDERED A DWELLING.]

UM, SECTION 53 20 IN APPENDIX DA ONE 20 PRESERVATION DISTRICT RELATIONSHIP TO THE COMMUNITY DEVELOPMENT CODE.

TO RESTRICT THAT A SHIPPING CONTAINER OR OTHER SIMILAR PORTABLE STORAGE CONTAINER IS NOT CONSIDERED A DWELLING MR. MERCHANT.

HEY, GOOD AFTERNOON, MR. CHAIRMAN.

GOOD AFTERNOON VERSUS THE PLANNING COMMISSION.

UH, SO WHAT WE HAVE BEFORE YOU IS A, UM, ADMINISTRATIVE INITIATED AMENDMENT.

AND I JUST WANTED TO GIVE A LITTLE BACKGROUND HERE, UM, CUZ IT KIND OF IS FOLLOWING A LITTLE BIT OF A DIFFERENT PATH THAN YOUR TYPICAL, UH, TEXT AMENDMENT COMING FORWARD TO PLANNING COMMISSION.

THIS IS SOMETHING THAT WAS INITIATED AND APPROVED BY COUNTY COUNCIL IN OCTOBER 24TH IN, THEY APPROVED THE ORDINANCE IN FIRST READING IN TITLE ONLY, AND THAT WHAT THEY DID WAS THEY, UM, ENACTED PENDING ORDINANCE DOCTRINE, WHICH MEANS THAT WHILE THIS PROJECT IS ACTIVE, AS LONG AS THEY FOLLOW A CERTAIN PROCEDURE, IT ALLOWS FOR ANY DEVELOPMENT.

IT KIND OF STAYS ANYONE COMING IN THE LAST MINUTE AND DOING SOMETHING THAT WOULD BE COUNTER TO WHAT THIS AMENDMENT, UH, YOU KNOW, WOULD, WOULD DO IN, IN, IN THE CODE.

AND SO WHAT THAT MEANS IS THEY GIVE, GAVE IT FIRST READING AND, AND IMMEDIATELY AFTERWARDS, THE NEXT DAY THEY ADVERTISED A PUBLIC HEARING, WHICH CORRESPONDED WITH THE SECOND COUNCIL MEETING WHERE THEY GAVE IT SECOND READING AT IN, UM, NOVEMBER 11TH.

SO THIS HAS RECEIVED FIRST AND SECOND READING BY COUNTY COUNCIL AND GONE THROUGH A PUBLIC HEARING.

IT'S NOW COMING TO THE PLANNING COMMISSION.

UM, THE WAY OUR ORDINANCE AND THE WAY STATE LAW IS WRITTEN, YOU KNOW, THIS IS, IT'S ALLOWED TO COME TO THE PLANNING COMMISSION AT THIS STAGE.

IT'S NOT TYPICAL.

NO.

BUT IT'S, YOU KNOW, BEFORE THIRD AND FINAL READING IS GIVEN, THERE HAS TO BE A PUBLIC HEARING BEFORE A PLANNING COMMISSION.

SO THAT'S KIND OF THE HISTORY

[00:20:01]

OF WHERE IT CAME FROM AND YOU KNOW WHERE IT IS BEFORE YOU TODAY, IF YOU REMEMBER, UH, TWO SUMMERS AGO, WE, UM, HAD A SERIES OF AMENDMENTS TO OUR SIGNED ORDINANCE MM-HMM.

, UM, KIND OF SIMILAR TRAJECTORIES, THAT ONE, BUT CERTAINLY THE PLANNING COMMISSION'S INPUT ON THIS IS, IS, YOU KNOW, NEEDED AND, AND WILL FEED INTO THIRD AND FINAL READING BY COUNTY COUNCIL.

WHAT THIS AMENDMENT DOES IS IT CURRENTLY IN OUR CODES, WE HAVE A, A REQUIREMENTS IN OUR ACCESSORY USE SECTION THAT SAYS YOU CANNOT USE A SHIPPING CONTAINER AS AN ACCESSORY USE.

THIS IS SOMETHING EVERY NOW AND THEN WE HAVE TO DEAL WITH.

UM, A LOT OF TIMES IT'S THINGS LIKE THOSE PODS OR, YOU KNOW, PEOPLE WANT TO USE THOSE IN, IN, IN LIEU OF A SHEDS.

WE'VE HAD REQUESTS FOR SHIPPING CONTAINERS AS LIKE STORAGE FOR SOMEBODY'S BUSINESS.

UM, BECAUSE OF OUR CODE, WE'VE HAD TO TURN THEM DOWN.

HOWEVER, THE CODE IS SILENT WHEN IT COMES TO USING SHIPPING CONTAINERS AS PRINCIPLE STRUCTURES OR DWELLING UNITS.

AND SO WE'VE BEEN REQUESTED TO, UM, CLARIFY THAT.

AND SO WHAT WE DID WAS IN THE CODE, WE WANTED TO FIND A SECTION THAT WOULD APPLY ACROSS THE BOARD TO ALL THE DISTRICTS, INCLUDING COMMUNITY PRESERVATION.

SO THIS IS PUT IN OUR, UM, ARCHITECTURAL STANDARDS SECTION.

UM, SO THAT'S WHY WE'RE, UM, AMENDING, UH, THE ARCHITECTURAL STANDARDS AND GUIDELINES.

UM, IN ADDITION TO THAT, WE'VE AMENDED TO THE COMMUNITY OR THE, UM, COMMUNITY PRESERVATION DISTRICTS, THE TABLE AND THERE, WHICH TALKS ABOUT WHICH SECTIONS OF THE BODY OF THE CODE ARE RELEVANT, UM, TO THAT AS WELL.

WHAT THIS DOES, IT'S VERY STRAIGHTFORWARD.

IT'S, UH, BASICALLY, UM, PROHIBITS THE USE OF SHIPPING CONTAINERS AS PRINT, UM, DWELLING UNITS, BUT IT ALSO LOOKS AT ANY KIND OF SIMILAR STRUCTURE.

AND IT INCLUDES IN THAT, AND THIS IS ADDRESSING SOME OTHER ISSUES THAT WE'VE BEEN DEALING WITH IN THE PLANNING DEPARTMENT, TRAVEL TRAILERS, RVS, YOU KNOW, UM, THIS IS SOMETHING THAT WE HAVE BEEN, UH, FACING, YOU KNOW, WITH THE PLANNING DEPARTMENT, I WOULD SAY ONGOING.

BUT I WOULD SAY IT'S INCREASING IN FREQUENCY THAT PEOPLE ARE WANTING TO, YOU KNOW, THEY'LL BUY A LOT, PUT UP AN ELECTRICAL POOL AND NEXT THING YOU KNOW, THERE'S AN RV AND IT'S, IT'S, IT'S ACTING AS A PRINCIPLE DWELLING AND SOMETHING THAT'S VERY HARD TO ADMINISTER.

BUT OUR CODE IS REALLY SILENT WHEN IT SPEAKS TO IT.

UM, AND SO THIS WILL HELP CLARIFY THAT ISSUE AND GIVE US SOME BACKING, UM, IF, IF THERE SHOULD BE IN, YOU KNOW, A, A CODE ENFORCEMENT ISSUE THAT COMES DOWN THE ROAD.

THE OTHER THING, THE OTHER DIMENSION TO THIS IS WITH OUR, UM, SHORT TERM RENTALS, THESE TYPES OF UNITS, PEOPLE PUTTING UP AN RV OR A A TRAVEL TRAILER, UM, A LOT OF THESE TINY HOMES ARE IN FACT KIND OF SOUPED UP TRAVEL TRAILERS, YOU KNOW, WITH, WITH, WITH, UM, WOODEN SIDING ON THEM.

IT CLARIFIES THAT THOSE ARE, YOU KNOW, NOT ACTUAL STRUCTURES.

AND SO THIS REALLY ADDRESSES A PUBLIC SAFETY ISSUE BECAUSE THOSE ARE NOT DESIGNED, UM, THEY'RE NOT MEETING INTERNATIONAL BUILDING CODES.

THEY'RE NOT MEETING, YOU KNOW, THEY'RE NOT CLASSIFIED AS MOBILE HOMES, WHICH MEET HUD GUIDELINES, YOU KNOW, SO THEY'RE REALLY NOT MEANT TO BE PERMANENT DWELLINGS.

BUT WHAT WE'RE SEEING IS, YOU KNOW, YOU KNOW, AN INCREASED PRESSURE IN, IN, IN PEOPLE USING THEM AS PRINCIPLED DWELLINGS OR AS RENTING THEM AS SHORT TERM RENTAL.

AND SO ALL OF THESE, UM, AMENDMENTS THAT, THAT WE'RE BRINGING FORWARD ARE MEANT TO ADDRESS THIS ISSUE.

WITH THAT, I WILL ENTERTAIN ANY QUESTIONS.

YOU UM, I, I HAVE A, A PRIMARY QUESTION HERE.

UM, YOU KNOW, WHAT ARE THE CONDITIONS UNDER WHICH A CONTAINER, UM, MIGHT BE CONSIDERED AGE DWELLING CERTIFICATE? I CAN SEE, AND THE REASON I SAY THAT, CUZ CONTAINERS ARE BEING USED ALL OVER THE WORLD MM-HMM.

, UM, MANY IN SOME OF OUR MAJOR CITIES ACROSS THE COUNTRY FOR NOT ONLY FOR RESIDENTIAL DWELLINGS, BUT FOR BUSINESS, UH, RETAIL.

I'VE SEEN AN ENTIRE SHOPPING MALL OF NOTHING BUT CONTAINERS AND THEY'RE, THEY'RE OUTFITTED SO THAT THEY'RE HABITABLE.

UM, IS THERE ANY PROVISION BY WHICH THE STRUCTURE OF A CONTAINER, IF MODIFIED, UH, TO STANDARDS OF, UH, CERTIFICATE OF ACCURACY WOULD BE CONSIDERED A, A VIABLE DWELLING? YES.

UM, I'VE HAD THIS CONVERSATION WITH OUR BUILDING CODES OFFICIAL AND OR I'M ACTUALLY WITH OUR, UM, DEPUTY ADMINISTRATOR WHO'S THE FORMER BUILDING CODES OFFICIAL.

AND IT WAS HIS, YOU KNOW, CUZ WE WENT

[00:25:01]

BACK AND FORTH ON, ON THE NATURE OF THIS AMENDMENT, WHETHER IT SHOULD BE AN OUTRIGHT PROHIBITION OR, YOU KNOW, HAVING A LOT OF ARCHITECTURAL STANDARDS THAT, THAT THAT WOULD DRESS UP A, A, UH, SHIPPING CONTAINER.

AND WHAT HE, YOU KNOW, CUZ I'VE SEEN SOME OF THESE, SOME OF THESE HOUSES ARE, ARE, YOU KNOW, PHENOMENAL, YOU KNOW, WHERE THEY HAVE, YOU KNOW, THEY KIND OF USE THE SHIPPING CONTAINERS AS, AS, AS YOU KNOW, MODULAR UNITS THAT THEY STACK AND, AND, AND ARRANGED AN INTERESTING PATTERN.

AND IT WAS HIS OPINION THAT AT THAT POINT, THE SHIPPING CONTAINER, YOU'RE, YOU'RE HAVING TO DO SO MUCH TO THE STRUCTURE TO BRING IT UP TO, YOU KNOW, INTERNATIONAL BUILDING CODES.

THAT IN THAT CASE, YOU KNOW, WHEN YOU'RE USING MULTIPLE CONTAINERS LIKE THAT, IT'S NO LONGER A SHIPPING CONTAINER.

IT'S REALLY A, A BUILDING, YOU KNOW, BECAUSE YOU'RE, YOU'RE HAVING TO MEET ALL THE REQUIREMENTS STRUCTURALLY, THE, YOU KNOW, THE, ALL THE ELECTRICAL, ALL THE, THE, UM, YOU KNOW, FOUNDATION AND, AND ANCHORING OF, OF STRUCTURE.

UM, I THINK WHAT THIS IS MEANT TO DIRECT TO IS LIKE, YOU KNOW, SINGULAR UNITS, YOU KNOW, BEING PLOPPED DOWN AND, AND KIND OF WITH ENOUGH CHANGES BEING MADE THAT IT MIGHT BLUR THAT DISTINCTION ABOUT WHETHER IT'S A STRUCTURE OR NOT.

, AND WHAT THIS IS MEANT IS, IS TO BE A SAFEGUARD AGAINST THAT.

BUT THERE ARE SOME CONDITIONS UNDER WHICH COULD BE CONSIDERED AS WELL.

THAT WAS MY UNDERSTANDING IN TALKING BILLING FISH.

SO CAUSE I WOULD EXPECT OR ANTICIPATE SOMETIME IN THE FUTURE WE'RE GONNA BE FACING THAT.

I THINK WHAT WE'RE FINDING OUT IS THAT A LOT OF TIME THEY'RE SOLD AS BEING A, A AFFORDABLE OPTION.

AND IN FACT, IF YOU LOOK AT THE SQUARE FOOTAGE AND THE AMOUNT OF MODIFICATIONS THAT NEED TO BE MADE TO BRING IT UP TO BUILDING CODES, IT'S NO LONGER AFFORDABLE.

AND SO I THINK IT'S, IT'S AN ATTRACTION TO MANY PEOPLE AND, AND IT'S KIND OF A TREND.

AND SO I THINK MAYBE WHAT THIS IS DOING IS KIND OF ELIMINATING THE PROLIFERATION OF THESE SMALL UNITS AND SOMEBODY WANTS TO DO SOMETHING CREATIVE WITH A BUNCH OF UNITS AND GET AN ARCHITECT INVOLVED AND, YOU KNOW, MAKE ALL THE NECESSARY IMPROVEMENTS TO BRING IT UP TO BUILDING CODE.

THAT WOULD BE A DIFFERENT CASE THAN THIS.

I WISH IT WAS A CLEAN CUT, YOU KNOW, JUST A SINGLE CONTAINER VERSUS MULTI CONTAINERS, YOU KNOW, CAUSE I MEAN, PEOPLE POINT TO TINY HOMES AND OTHER THINGS THAT PROBABLY, YOU KNOW, HAD TO BE BROUGHT UP TO SNUFF TO BE PARTICULAR.

I CAN SEE STANDARDS.

UM, BUT I UNDERSTAND WHAT YOU'RE TRYING TO ACCOMPLISH.

IS A BARN AN ACCESSORY STRUCTURE? IS IT WHAT A BARN ACCESSORY STRUCTURE? YES.

UH, THEN I'M, I'M AGAINST THE, THE MOTION BASED ON THAT ONE WORD BECAUSE THERE'S SOME VERY NICE BARN DOMINIUMS NOW AND YOU'RE ELIMINATING A BAR AND BEING ABLE TO BE A DWELLING NO, THAT I, THIS THIS WOULDN'T DO THAT.

THIS SAYS, YEAH, THIS IS, UH, THIS HAS TO DEAL WITH SHIPPING CONTAINERS.

NO, BUT I'M READING PRIMARY OR ACCESSORY STRUCTURES.

NO, I'M READING THE RIGHT THING, BUT IT'S, IT'S SPEC.

IT'S THAT'S, AND YOU JUST SAID, I THINK THEY MEAN STORAGE AND YOU CAN'T LIVE IN DWELLING A STORAGE.

CORRECT.

THERE'S NOTHING IN HERE THAT WOULD SAY THAT YOU COULDN'T CONVERT PEOPLE THAT LIVE IN BARNES TODAY.

RIGHT.

BUT I, I THINK THE ORDINANCE IS, THE TEXT AMENDMENT IS TALKING ABOUT YOU CAN'T USE STORAGE CONTAINERS AS A DWELLING OR AS AN ACCESSORY LIKE FOR STORAGE.

I WOULD BE MORE CLEAR WITH THAT BECAUSE IT SAYS ACCESSORY STRUCTURE AND THERE'S A NUMBER OF ACCESSORY STRUCTURES THAT CAN QUALIFY TO LIVE IN.

UM, BUT IT'S SAYING SPECIFICALLY, YOU CANNOT USE A SHIPPING CONTAINER, RIGHT.

TRAVEL TRAILER RV AS A PRIMARY OR ACCESSORY STRUCTURE.

AND THAT BES THE QUESTION, IS THERE A DEFINITION FOR SHIPPING CONTAINER RV AND THE OTHER ONE TRAVEL TRAILER? I MEAN, THERE SHOULD BE SOMETHING IN THE DEFINITION SECTION OF THE, AND THEN YOU ADDED THE WORD TINY BEGINNING TOO, SPECIFICALLY SAYS, WHAT IS A SHIPPING CONTAINER? WHAT IS A TRAVEL TRAILER? WHAT IS A RECREATIONAL VEHICLE? SO THAT THERE'S NO AMBIGUITY WITH THOSE THREE THINGS.

SO I WOULD CONSIDER ADDING THAT LANGUAGE AS WELL.

AND THEN LASTLY, WHAT IF THERE'S A VIOLATION? IS THAT INCLUDED IN THE CODE OR IS THAT PART OF SOMETHING ELSE? THAT'S, I MEAN, THERE'S A WHOLE PROCEDURE WHEN THERE'S A VIOLATION.

THAT'S MANUFACTURED THAT IS, YOU KNOW, IT'S LIKE A, YOU KNOW, A TRAVEL TRAILER, FIFTH WHEEL CAMPER, BUT, YOU KNOW, MADE TO LOOK LIKE A HOUSE.

UM, THERE'S NOTHING IN HERE ABOUT TINY HOUSES, BUT WHAT I WAS MENTIONING IS THAT WHAT WE'RE SEEING IS A LOT OF WHAT IS BEING CLASSIFIED AS TINY HOUSES ARE ACTUALLY THESE TRAVEL TRAILERS.

YOU KNOW, THEY'RE, THEY'RE NOT, YOU KNOW, THEY'RE NOT MEETING BUILDING CODE.

ACTUALLY SOMETHING

[00:30:01]

AND, YOU KNOW, THIS DRAWS THAT DISTINCTION.

THOSE ARE NOT MEANT TO BE PERMANENT HABITABLE STRUCTURES.

MR. MERCHANT, IF SOMEONE HAS ONE OF THESE, UM, STRUCTURES FOR A DWELLING PLACE, IS THERE A GRANDFATHER PROCESS OR A GRACE PERIOD FOR THEM, UM, TO MOVE TO ANOTHER LOCATION WITHOUT BEING IN VIOLATION ONCE THIS IS PASSED BY COUNTY COUNCIL? WELL, THERE REALLY, REALLY, NO ONE SHOULD BE LIVING IN AN RV, YOU KNOW, SO THEY WOULDN'T HAVE BEEN ISSUED A BUILDING PERMITS OR A ZONING PERMIT FOR THAT.

UM, AND SO THE WAY, AND, AND ACTUALLY OUR FLOOD ORDINANCE ADDRESSES THE AMOUNT OF TIME.

SO BASICALLY YOU COULD HAVE AN RV, IT HAS TO BE MOVED EVERY SIX MONTHS.

AND I THINK THE SAME WITH THE TRAVEL TRAILER.

SO THERE'S CERTAIN REQUIREMENTS THAT IT CAN'T BE PERMANENTLY ANCHORED.

AND SO I, I WOULD SAY WOULD BE ADDRESSED THAT WAY.

BUT YOU KNOW, AS FAR AS IF A STRUCTURE WAS PROPERLY PERMITTED, UM, YOU KNOW, AND, AND BUILT TO BUILDING CODES, THEN IT'S A NON-CONFORMITY.

SO NOBODY'S GONNA GET KICKED OUT OF A, IF SOMETHING IS A PERMANENT STRUCTURE AND, AND, AND BEEN PROPERLY PERMITTED.

I THINK THE, THE LANGUAGE IS CONFUSING HERE FOR ME, AND I DEAL WITH IT ALL THE TIME.

SO I WOULD JUST ASK YOU TO TAKE A LOOK AT POSSIBLY ALTERING THE LANGUAGE SLIGHTLY.

DO YOU HAVE A SUGGESTION WHAT THAT MIGHT BE? WELL, I HAVEN'T, HAVEN'T STUDIED IT THAT HIGH, AND I'D BE HARD GLAD TO COME UP WITH A SUGGESTION BEFORE THE NEXT MEETING.

BUT IT SAYS, YOU KNOW, WE'RE, WE'RE PROHIBITING MINIMUM STANDARDS, RIGHT? SINGLE FAMILY RESIDENTIAL THAT PROHIBITS THE USE OF SHIPPING CONTAINERS OR THE, LIKE TRAVEL TRAILER OR RECREATIONAL VEHICLE AS A PRIMARY OR ACCESSORY STRUCTURE.

IT'S THOSE, THAT LAST PART THERE'S, AS A DWELLING UNIT AS A TAKE ACCESS STORAGE RIGHT OUT.

HUH? TAKE ACCESSORY STORAGE OUT.

JUST, I WOULD HAPPY WITH MR. MERCHANT.

DO YOU MEAN THAT AS LIKE STORAGE, USING CONTAINERS AS STORAGE? I'M TRYING TO, THE HIGHLIGHTED PART YES.

RIGHT ON THE SCREEN.

UM, THE LAST FIVE WORDS.

I MEAN, IF YOU JUST SAID PERIOD, IT'D BE PRETTY CLEAR YOU CAN'T USE AN RV.

YOU CAN'T USE A TRAILER, YOU CAN'T USE A SHIPPING.

IT'S A PRIMARY OR ACCESSORY STRUCTURE.

BUT ACCESSORY STRUCTURE IS DIFFERENT.

ACCESSORY STRUCTURE WOULD BE LIKE A SHED.

THERE YOU GO.

AND STORAGE.

BUT STILL THOSE HAVE TO MEET BUILDING CODE.

SO I CAN'T STORE ANYTHING IN MY RV THAT I PAID $150,000 FOR THAT'S IN MY BACKYARD ON FIVE ACRES.

YOU CAN STORE WHATEVER YOU WANT IN YOUR RV, BUT IT'S NOT, YOU KNOW, IT IT'S, IT, IT'S YOUR RV.

I DON'T HAVE ONE.

YOU, YOU NEED TO MOVE.

AND IT'S NOT LIKE A, IT SHOULDN'T BE OPERATING AS A, AS A PERMANENT STRUCTURE, YOU KNOW, LIKE IT IS YOUR SHED.

BUT, YOU KNOW, IF YOU, YOU WANNA STORE STUFF IN YOUR RV, I DON'T THINK ANYONE'S GONNA GO AFTER YOU.

ANYWAY, I JUST TO THE POINT I WAS MADE YOU CHANGE THE LAST COUPLE OF WORDS FROM ACCESSORY STRUCTURES TO ACCESSORY STORAGE STRUCTURES.

NO, BECAUSE I MEAN, I KNOW WE'RE BEATING A HORSE HERE, BUT IT WASN'T MEANT TO BE STORAGE.

I MEAN, YOU COULD USE ACCESSORY STRUCTURES FOR OTHER USES OFFICES.

AND IF THAT'S THE, THE VERBIAGE IN THE CODE, THEN WE SHOULD LEAVE IT THAT WAY.

OTHER, OTHER QUESTIONS? READY TO VOTE? RIGHT.

MR. CHAIRMAN, I MOVE THAT WE APPROVE TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE SECTION THREE, I'M SORRY, 5.3.

DO 20 AND APPENDIX DIVISION A DO ONE POINT 20 TO RESTRICT THAT A SHIPPING CONTAINER OR OTHER SIMILAR PORTABLE STORAGE CONTAINER IS NOT CONSIDERED A DWELLING.

DO I HAVE A SECOND? SECOND.

ALL THOSE IN FAVOR OF THE MOTION FOR APPROVAL? RAISE YOUR HAND.

THAT'S UNANIMOUS.