[00:00:01]
CLOSED CAPTIONING PROVIDED BY BUFORT COUNTY LIST HERE.
UH, WANT TO INTRODUCE OUR BOARD MEMBERS WHO WILL BE HEARING THE APPEAL.
MR. JOHNSON, MR. SACKHEIM, MR. CHRISTIAN.
UM, FIRST ITEM ON OUR MEETING ORDER IS TO ADOPT THE AGENDA.
DO I HEAR A MOTION TO ADOPT THE AGENDA AS PROVIDED PREVIOUSLY TO THE BOARD? MOTION TO ADOPT THE AGENDA.
AND NOW WE MOVE NEXT TO THE MINUTES FROM THE PREVIOUS MEETING.
ARE THERE ANY CHANGES, UH, TO THOSE MINUTES? MOVE ACCEPTANCE AS PRESENTED.
ALL IN FAVOR? RAISE YOUR HAND.
UH, WE DO NOT HAVE ANY UNFINISHED BUSINESS TO CONSIDER AT THIS TIME.
UH, AND OUR NEW BUSINESS WILL INVOLVE AN APPEAL, UH, BEING PRESENTED TO THE BOARD TODAY, UH, AS PART OF THE PROCEDURES THAT WE FOLLOW.
AND THESE ARE WRITTEN PROCEDURES THAT HAVE PREVIOUSLY BEEN ADOPTED BY THE BOARD.
UH, THERE WILL BE NO PUBLIC COMMENT ALLOWED, UH, DURING THE APPEAL HEARING.
UH, WE DO HAVE AN ORDER THAT WE FOLLOW DURING THE APPEAL HEARING, AND, UM, THAT ORDER BASICALLY CONSISTS OF PRESENTATIONS FOLLOWED BY, UM, QUESTIONS BY BOARD MEMBERS.
SO I'LL GO THROUGH THAT ORDER, UH, FAIRLY BRIEFLY.
THE FIRST PRESENTATION WILL BE BY THE APPELLANT, UH, WHICH AS I UNDERSTAND IT IS, UH, 10 14 W-H-P-L-L-C.
UH, THEN THERE WILL BE A PRESENTATION BY STAFF.
THEN THERE WILL, UH, BE A PRESENTATION BY THE PROPERTY OWNER OR AGENT, AND I UNDERSTAND MR. KUBECK, UH, WILL BE PRESENTING THAT.
UH, THEN THERE WILL BE A PRESENTATION BY THE PERMIT HOLDER, WHICH IS BEAUFORT MEMORIAL HOSPITAL.
AND THEN THERE WILL BE REBUTTAL PERIODS, UH, FROM THE APPELLANT, THE STAFF, THE OWNER, AND THE PERMIT HOLDER.
NOW, THE INITIAL PRESENTATIONS ARE 20 MINUTES, MAXIMUM IN LENGTH AND TIME WILL BE KEPT BY 10 STAFF.
UM, AND WE WILL BE HOLDING TO THAT TIME SCHEDULE.
THE REBUTTAL PERIODS FOR EACH PARTY WILL BE FIVE MINUTES IN LENGTH IF NEEDED.
UM, SO AT THAT TIME, UH, THAT ALL OF THE REBUTTAL HAS ENDED, THEN THE BOARD WILL, UM, CONSIDER, UH, AND VOTE UPON, UH, THE ISSUE BEFORE THE BOARD.
UH, LET ME JUST SAY THAT THE BOARD WILL HAVE THE OPPORTUNITY TO ASK QUESTIONS AFTER EACH PRESENTATION OR AFTER EACH PERIOD OF REBUTTAL.
UH, NOW AT THIS TIME, UM, I WOULD ALSO LIKE TO ANNOUNCE THAT MS FEE HAS RECUSED HERSELF FROM HEARING THIS MATTER, AND SHE WILL STEP DOWN WHILE WE ARE IN THE COURSE OF THE HEARING.
SO AT THIS POINT, I WOULD ASK THE APPELLANT TO COME FORWARD, UH, AND MAKE THEIR PRESENTATION.
ARE YOU MR. LONEY? I'M MR. BECK.
SO I'M GONNA BE REPRESENTING THE APPELLANTS ON THIS MATTER.
MR. LONEY IS GOING TO BE SPEAKING ALRIGHT.
AND PLEASE BE SURE YOU SPEAK INTO THE MICROPHONE.
AND, AND PLEASE REMIND ME, SOMETIMES I HAVE A TENDENCY TO TALK A LITTLE SOFTLY, SO IF YOU CAN'T HEAR ME, PLEASE, WELL TELL ME TO SPEAK LOUDER.
I'LL PROBABLY BE THE ONE THAT INTERRUPTS YOU.
UH, BECAUSE, UH, IF YOU DON'T SPEAK LOUDLY ENOUGH, I WILL NOT BE ABLE TO HEAR YOU.
WELL, GOOD AFTERNOON, MEMBERS OF THE BOARD.
UM, MY NAME IS ED KUBECK AND I'M WITH THE LAW FIRM OF NOVAN AND SCAR.
I AM HERE WITH, UM, DAVE LANA, AN OWNER OF 10 14 W-H-P-L-L-C.
I REPRESENT THAT COMPANY AND THEY'RE THE APPELLANT IN TODAY'S CASE.
UM, MY CLIENT IS THE OWNER OF COMMERCIAL PROPERTY LOCATED AT 10 14 WILLIAM HILTON PARKWAY.
UM, THIS APPEAL CONCERNS LAND USE OF THE NEIGHBORING PROPERTY AT 10 16 WILLIAM HILTON PARKWAY AND ITS IMPACT ON MY CLIENT.
UM, I DO HAVE A LITTLE PRESENTATION SLIDE HERE TODAY THAT I'M GONNA TRY TO GET THROUGH, UM, EXPLAINING WHAT WE'RE TRYING TO ACCOMPLISH TODAY, UM, FOR EVERYONE'S EDIFICATION.
[00:05:01]
LITTLE DATED.UM, THIS WAS TAKEN A COUPLE OF MONTHS AGO.
THIS IS WHAT 10 16 WILLIAM HILTON PARKWAY LOOKED AT THAT TIME.
IT IS THE, UH, FORMER GOODWILL BUILDING.
UM, AND IF YOU LOOK TO THE RIGHT, IF IT WOULD BE MY CLIENT'S PROPERTY AS OF TODAY, THAT BUILDING IS NO LONGER THERE.
IT IS NOW BASICALLY A DIRT PATCH, UM, UM, WHICH WAS CLEARED OUT IN THE LAST MONTH OR SO.
UH, HERE'S A DEPICTION OF THE TWO PROPERTIES, AGAIN, FROM, FROM ABOVE 10 16 TO THE LEFT, MY CLIENT'S PROPERTY, 10 14 TO THE RIGHT.
AND HERE IS THE DEPICTION OF THE ZONING ORDINANCE MAP FOR HILTON HEAD ISLAND, WHICH SHOULD, UH, SHOWS YOU WHERE THE TWO PROPERTIES ARE LOCATED.
AND THEY ARE LOCATED IN THE LIGHT COMMERCIAL DISTRICT.
UM, ON JUNE, SORRY, JULY 15TH, 2015, WHP SUBMITTED A REQUEST FOR A FORMAL WRITTEN INTERPRETATION OF SECTION SIXTEEN TEN ONE OH THREE C TWO OF THE LMO FOR THE TOWN OF HILTON HEAD.
AS MY CLIENT'S UNDERSTANDING AT THAT POINT IN TIME THAT THE OWNER OF THE ADJACENT PROPERTY AT 10 16 WILLIAM HILTON PARKWAY INTENDED TO CONSTRUCT AN EMERGENCY ROOM URGENT CARE FACILITY, MEDICAL FACILITY ON THEIR PROPERTY, UH, AS I SAID, BOTH PROPERTIES ARE LOCATED IN THE LIGHT COMMERCIAL DISTRICT.
UM, MY FATHER, MY, MY CLIENT FURTHER UNDERSTOOD THAT DEVELOPMENT, THE DEVELOPMENT APPLICATION FOR THE BUILDING REPRESENTED THAT THE FACILITY WAS, WAS PERMITTED, WAS A PERMITTED USE WITHIN THE LIGHT COMMERCIAL DISTRICT WITHIN THE CLASSIFICATION OF OTHER HEALTH SERVICES.
NOW, 10 WH 10 14 WHP CONTENDS THAT THE PLANNED USE OF THE PROPERTY AS AN EMERGENCY ROOM URGENT CARE MEDICAL FACILITY DOES NOT COMPLY WITH THE EXPRESS PURPOSE OF THE LIGHT COMMERCIAL DISTRICT AND IS EXPRESSLY PROHIBITED BY THE EXCLUSION OF MEDICAL CLINICS UNDER LMO SECTION SIXTEEN TEN ONE OH THREE C TWO MY CLIENT, FURTHER CONTESTS WHETHER THE PLANNED EMERGENCY URGENT MEDICAL CARE CENTER IS AN ALLOWED USE UNDER ANY OF THE PERMISSIBLE USES WITHIN THE LIGHT COMMERCIAL DISTRICT ZONING ORDINANCE.
THEREFORE, 10 14 WHP SOUGHT TO OBTAIN A FORMAL WRITTEN INTERPRETATION OF THE ZONING ORDINANCE FROM THE TOWN OF HILTON HEAD, AND SUBMITTED THAT IN JULY OF 2025.
SPECIFICALLY, MY CLIENT SOUGHT AN INTERPRETATION AS TO THE SCOPE AND MEANING OF MEDICAL CLINICS AS USED IN THE ZONING ORDINANCE AND ITS APPLICATION, OR ITS APPLICABILITY TO OR DIFFERENTIATION FROM THE PLANNED USAGE OF THE PROPERTY.
HE ALSO, MY CLIENT, ALSO SOUGHT WHETHER THE PLANNED USAGE OF THE PROPERTY AS AN EMERGENCY ROOM URGENT CARE CENTER WITH AMBULANCE SERVICES COMPORTS WITH THE EXPRESSED PURPOSE OF THE LIKE COMMERCIAL DISTRICT, AND BOTH THE DEFINITION AND INTENT OF OTHER HEALTH SERVICES IN RESPONSE TO THE TOWN OF HILTON, HAD ISSUED AN INTERPRETATION ON AUGUST 12TH, 2025.
IT CAME IN THE FORM OF A LETTER FROM SEAN LEININGER, WHO AT THAT TIME WAS THE ASSISTANT TOWN MANAGER FOR THE TOWN.
AND BASED ON THE INFORMATION THAT WAS PROVIDED TO THE TOWN BY THE DEVELOPER, UM, THAT THE TOWN UNDERSTOOD THE PROPERTY WOULD BE USED FOR THE FOLLOWING PURPOSES, THE PROPERTY, THE FACILITY WILL OFFER EMERGENCY CARE, URGENT CARE, AND IMAGING SERVICES ALL IN ONE LOCATION.
THE FACILITY WILL CONTAIN APPROXIMATELY 10 TO 12 EXAM ROOMS, A CT SCANNER, X-RAY, ULTRASOUND, AND LAB SERVICES ON SITE.
THE FACILITY WILL OPERATE 24 HOURS A DAY, 365 DAYS A YEAR, AND WILL BE STAFFED BY QUALIFIED EMERGENCY PHYSICIANS.
NO, PATIENTS WILL STAY OVERNIGHT OR HAVE AN INPATIENT STATUS.
THE SECOND DEFINITION THAT WAS PROFFERED WAS THIS FACILITY IS OUTPATIENT ONLY AND PRIMARILY PROVIDES CLINICAL RELATED TREATMENT AND DIAGNOSTIC SERVICES.
IT DOES NOT OPERATE AS A NURSING HOME OR HOSPITAL AND DOES NOT OFFER OVERNIGHT MEDICAL OR SURGICAL CARE.
NOW THESE WERE THE DEFINITIONS OFFERED BY THE DEVELOPER AND OWNER IN THE DEVELOPMENT PROCESS TO THE TOWN.
NOW, THE TOWN RECOGNIZED THAT THE TERM MEDICAL CLINICS, UH, IS NOT DEFINED BY THE LMO AND THE TOWN USED A RESOURCE KNOWN AS THE PLANNER'S DICTIONARY TO DEFINE THE TERM.
I DON'T KNOW IF THE, THE, THE BOARD HAS A COPY OR IS FAMILIAR WITH THE PLANNER'S DICTIONARY.
UM, I HAVE EXAMPLES IF YOU'D LIKE TO, THE BOARD DOES HAVE A COPY.
[00:10:01]
UM, OUR PACKETS ARE PROVIDED IN ADVANCE OF THE MEETING SO THAT WE HAVE A CHANCE TO READ THROUGH EVERYTHING.WELL, UM, IN SO DOING THAT, UM, THE TOWN OFFERED TWO DEFINITIONS OF A MEDICAL CLINIC.
AND ONE IS A FACILITY OWNED OR OPERATED BY ONE OR MORE PHYSICIANS, DENTISTS, CHIROPRACTORS, OR OTHER LICENSED PRACTITIONERS OF THE HEALING ARTS FOR THE EXAMINATION AND TREATMENT OF PERSON SOLELY ON AN OUTPATIENT BASIS.
AND THE SECOND DEFINITION IS OFFICES ORGANIZED AS A UNIFIED FACILITY TO PROVIDE MEDICAL OR DENTAL TREATMENT AS CONTRASTED WITH AN UNRELATED GROUP OF SUCH OFFICES, BUT NOT INCLUDING BED PATIENT CARE.
NOW, BASED ON THE PROFFERED DEFINITION, THE TOWN, UM, SAID MERRILY CONCLUDED WITHOUT ANY ANALYSIS THAT THE PROPOSED USE FOR THIS EMERGENCY URGENT CARE CENTER IS CONSIDERED HEALTH SERVICES AND COULD ALSO BE CLASSIFIED AS OTHER OFFICE USES.
IT BASICALLY DISREGARDED OUR ARGUMENT THAT A MEDICAL CLINIC, WHICH IS EXEMPTED FROM THE DEFINITION, WAS WHAT THE INTENDED USE FOR THIS PROPERTY ACTUALLY IS.
BASED ON THAT DETERMINATION BY TOWN, WE APPEALED, MY CLIENT APPEALED ON A AUGUST 28TH, 2005 TIMELY APPEAL, AND MY CLIENT IS NOW SEEKING A REVERSAL OF THE TOWN'S DETERMINATION, UM, BASED ON THE STANDARD SET FORTH IN SECTION 1 0 6 2 1 0 3 T FOUR D.
NOW, UM, TWO, TWO COMPONENTS TO, TO MY CLIENT BEING HERE.
UM, THE FIRST IS TO PROVE THAT THERE WAS AN ERROR OF JUDGMENT ON BEHALF OF THE TOWN AND ITS ANALYSIS.
UM, THE SECOND IS ALSO MY CLIENT IS AN AGGRIEVED PERSON BY ALL THIS, UM, I'M GONNA ADDRESS, THE FIRST THING I'M GONNA ADDRESS IS ACTUAL, THE ACTUAL TOWN'S ANALYSIS OR LACK OF ANALYSIS AS TO WHETHER OR NOT THIS PROPERTY IS A MEDICAL CLINIC AND DOES NOT FALL WITHIN THESE PERMISSIBLE USES WITHIN THE LIGHT COMMERCIAL DISTRICT.
AND BEFORE I GET TO THAT, THE FIRST THING WE NEED TO WORRY ABOUT OR TALK ABOUT IS INTERPRETATION OF A STATUTE OR OF AN LMO.
AND THE FIRST THING YOU WANNA LOOK AT IS WHAT'S THE INTENT, WHAT'S THE EXPRESSED INTENT BEHIND THE STATUTE OR THE LMO? AND IN THIS CASE, IT SPECIFICALLY SAYS THE LIGHT IN THE LMO, THE PURPOSE OF A LIGHT COMMERCIAL DISTRICT IS TO PROVIDE LANDS FOR LIGHT COMMERCIAL USES SUCH AS OFFICES, BANKS, RESTAURANTS, AND LOWER INTENSITY RETAIL SALES AND SERVICE USES.
PERMITTED USES ARE GENERALLY AUTO ORIENTED AND EASILY ACCESSED.
NOW, THE, THE, IT IT, THE KEY TO THIS IS THE WORDS LIGHT AND THE PHRASE LOWER INTENSITY.
THOSE CAN'T BE IGNORED OR MINIMIZED.
THE DEFINITION USED BY THE TOWN AND THE APP AND, AND THE OWNER OF 10 16 TO DESCRIBE THEIR PROPERTY, OKAY? BASICALLY SAYS THAT WE ARE GONNA BE PROVIDING EMERGENCY CARE, URGENT CARE FACILITY THAT OPERATES 24 HOURS A DAY, 365 DAYS A YEAR STAFF BY EMERGENCY PHYSICIANS.
THESE ARE NOT, THESE ARE NOT LIGHT USES, THESE ARE NOT LOWER INTENSITY USES.
YOU HAVE, YOU HAVE AMBULATORY SERVICE THAT'S AVAILABLE THAT CAN BE GOING INTO THESE PLACES, INTO THIS, INTO THIS SPECIFIC PROPERTY.
24 7, 24 HOURS, SEVEN DAYS A WEEK, 365 DAYS A YEAR.
YOU HAVE SOMEONE STAFFING THIS.
YOU HAVE EMERGENCY PHYSICIANS STAFFING THIS PROPERTY OVERNIGHT.
AND PLUS YOU HAVE, AMONG OTHER THINGS, YOU HAVE A NUMBER OF MEDICAL SERVICES THAT ARE BEING PROVIDED.
THIS IS AN EMERGENCY CENTER BASED IN A LIGHT COMMERCIAL DISTRICT.
SO RIGHT OFF THE BAT, OUR POSITION IS THE EXPRESSED INTENT BEHIND THE LIGHT COMMERCIAL DISTRICT IS NOT MET BY THIS FACILITY.
AND THAT'S THE FIRST THRESHOLD ISSUE.
NOW, IF YOU LOOK SPECIFICALLY AT THE, UH, DEFINITION OF OTHER HEALTH SERVICES, WHICH IS WHAT THE PROPERTY OWNER AT 10 16 APPLIED FOR AND SAID AND REPRESENTED THAT THIS WAS A PERMITTED USE, IT PROVIDES THAT, UH, FACILITY OTHER THAN A HOSPITAL OR NURSING HOME THAT PRIMARILY PROVIDES CLINICALLY RELATED DIAGNOSTIC TREATMENT OR REHABILITATIVE REHABILITATIVE SERVICES, INCLUDING ALCOHOL, DRUG ABUSE, AND OTHER MENTAL AND MENTAL HEALTH SERVICES.
THIS USE TYPE DOES NOT INCLUDE MEDICAL CLINICS AND DOCTORS OR DENTIST OFFICES OR POST-INCARCERATION FACILITIES.
SO RIGHT THERE IN THE DEFINITION OF THEIR HEALTH SERVICES, IT DOES NOT ALLOW FOR MEDICAL CLINICS.
[00:15:01]
DEFINE WHAT A MEDICAL CLINIC WAS, THE TOWN GAVE US THAT DEFINITION.NOW, IF YOU APPLY, APPLY THE DEFINITION GIVEN BY THE TOWN, BASED ON THE PROPOSED USES THAT WERE SUBMITTED BY THE OWNER OF 10 16, YOU CAN ONLY COME UP WITH ONE CONCLUSION.
AND THAT IS THAT THIS IS A MEDICAL CLINIC, AND I DON'T KNOW HOW YOU CAN GET, THE TOWN CAN ARGUE, UM, REALISTICALLY THAT THEY EXERCISED SOUND AND PRUDENT JUDGMENT IN DETERMINING THAT IT WASN'T A MEDICAL CLINIC.
AND I'LL JUST GO THROUGH BRIEFLY, I'LL JUST GO THROUGH SOME OF THE, SOME OF THE, SOME OF THE COMPARISONS HERE OR SOME OF THE DEFINITIONS IN THE, IN THE, IN THE MEDICAL CLINIC DEFINITION, IT REFERS TO A FACILITY AND BOTH THE PROPOSED USE, PROPOSED USE, PROPOSED USES, EXCUSE ME, IT DEFINES ITSELF AS A FACILITY RIGHT OFF THE BAT.
AND THAT'S OPERATED BY PHYSICIANS.
WELL, ON BOTH OF THE USES, IT REFERS TO THERE BEING PHYSICIANS STAFFED BY STAFFING.
UM, IT, IT ALSO, IT SAYS THAT THE, UM, UM, IT WOULD ONLY BE USED ON AN OUTPATIENT BASIS.
THAT'S A DEFINITION OF A MEDICAL CLINIC.
A FACILITY OPERATED BY PHYSICIANS FOR THE FIRST, FOR HEALING ARTS ON AN OUTPATIENT BASIS.
WELL, THE PROPOSED USES SPECIFICALLY SAY IT'S STAFFED BY QUALIFIED EMERGENCIES PHYSICIANS.
NO PATIENTS WILL STAY OVERNIGHT OR HAVE AN INPATIENT STATUS.
THE SECOND DEFINITION SAYS THIS IS A FACILITY THAT'S OUTPATIENT ONLY AND PROVIDES CLINICAL RELATED TREATMENT CLINICAL RIGHT THERE.
AND IT SAYS IT RIGHT IN THE DEFINITION ITSELF.
AND DIAGNOSTIC SERVICES, IT DOES NOT OPERATE AS A NURSING HOME OR HOSPITAL AND DOES NOT OFFER OVERNIGHT MEDICAL OR SURGICAL CARE.
SO OUR POSITION IS THAT THE TOWN, UM, IN ITS INTERPRETATION COMPLETELY, COMPLETELY MISAPPLIED ITSELF AND LACKED SUFFICIENT JUDGE AND REASONABLE JUDGMENT IN DETERMINING THAT THIS WAS NOT A MEDICAL CLINIC.
NOW, AS A FALLBACK IN ITS WRITTEN INTERPRETATION, THE TOWN BASICALLY KIND OF EXCEEDED THE SCOPE OF WHAT WE WERE REQUESTING AND SAID, WELL, YOU KNOW WHAT, UM, WE'RE, WE'RE, WE'RE NOT GONNA, UM, WE'RE NOT GONNA KIND OF LOOK AT IT AS A MEDICAL CLINIC.
AND THE OTHER, UH, UM, THE OTHER, UM, SERVICES USES, WE'RE GONNA SAY, HEY, WE'RE GONNA SAY, YOU KNOW, MAYBE IT SQUEEZES IN, MAYBE THIS USE SQUEEZES IN AS OTHER OFFICE USES.
SOMETHING THAT THE, I DON'T BELIEVE THE ACTUAL PROPERTY OWNER EVER APPLIED FOR IN THEIR DEVELOPMENT PERMIT WAS BASED ON THIS PARTIC PARTICULAR USE.
BUT TOWN SAID, YOU KNOW WHAT? WE'RE GONNA, WE'RE GONNA TRY AND SQUEEZE THIS ONE IN ANYWAY.
AND AGAIN, THIS USE, WHICH IS SECTION TEN SIX TEN SIXTEEN, TEN ONE OH THREE, F TWO, UM, IT SAYS, OFFICE USES OTHER THAN A CONTRACTOR'S OFFICE.
THIS INCLUDES ESTABLISHMENTS PRIMARILY ACCOMMODATE THE PROVISIONS OF BUSINESS SERVICES AND PROFESSIONAL SERVICES IN AN OFFICE SETTING OF OTHER OFFICE USERS IN AN OFFICE SETTING.
AND THEN IT GOES ON TO FIND A WHOLE BUNCH OF, UH, OF, OF USES FOR, UH, EXAMPLES.
AND THEN THE NEXT SECTION, AND THEN THE VERY END.
IT SAYS, THIS TYPE, THIS USE ALSO INCLUDES OFFICES PROVIDING HEALTHCARE SERVICES, INCLUDING MEDICAL TREATMENT, NURSING CARE, PREVENTIVE CARE DIAGNOSIS, AND PHYSICAL THERAPY IN AN OFFICE SETTING.
WHAT'S BEING DEVELOPED IS AN URGENT CARE CENTER WITH, WITH FACILITIES TO TREAT PATIENTS IN EXAMINATION ROOMS. IT IS NOT A DOCTOR'S OFFICE.
AND THEN THE VERY END OF THE DEFINITION, IT SAYS, SUCH HEALTHCARE OFFICES USES DO NOT INCLUDE HOSPITALS OR OTHER HEALTH SERVICE USES WHERE HEALTHCARE SERVICES ARE PROVIDED IN A MORE INTENSIVE MANNER AND IN A MORE INSTITUTIONAL SETTING.
WELL, THAT'S WHAT WE HAVE HERE.
IN THIS CASE, WE HAVE A FACILITY THAT'S OFFERING EMERGENCY MEDICAL CARE, URGENT CARE, IT PROVIDES FOR CT SCANNERS, X-RAYS, ULTRASOUNDS, LAB SERVICES, AND IT'S STAFFED BY QUALIFIED EMERGENCY PHYSICIANS.
YOU CAN'T GET MUCH MORE INTENSIVE IN THAT AND NOT CALL YOURSELF A HOSPITAL.
THIS IS NOT A DOCTOR'S OFFICE.
THIS IS AN EMERGENCY OR URGENT CARE CENTER, AND IT DOES NOT FALL INTO THE USE UNDER OTHER OFFICE USES.
AGAIN, THIS IS SOMETHING THAT THE TOWN INTERPRETED IN ITSELF WITHOUT REALLY GOING BEYOND WHAT WE ASKED FOR INTERPRETATION.
BUT I WANTED TO BRING IT UP BEFORE THE, BEFORE THE BEFORE THE BOARD OF ZONING APPEALS.
UM, THE SECOND QUALIFICATION, SO BASICALLY SUBSTANTIVELY, WE BELIEVE THAT THE TOWN EARNED JUDGMENT, AND THAT IN ITSELF IS WARRANTS SUFFICIENT, UH, JUSTIFICATION TO REVERSE THE DECISION OF THE, OF THE TOWN.
UM, THE SECOND PART OF THE COMPONENT THAT, THAT MY CLIENT WILL ESTABLISH OR HAS ESTABLISHED OR SHOULD ESTABLISH, IS THAT IT'S AN AGGRIEVED PARTY.
UM, UH, MR. LA MENE WILL, WILL, WILL TALK TO YOU A LITTLE BIT MORE ABOUT HOW WHAT HE, AS THE OPERATOR AND OWNER OF HIS, OF HIS, UH, PROPERTY HAS ENCOUNTERED.
UM, BUT I DO WANT TO SAY WITH REGARD TO FINDING
[00:20:01]
THAT MY CLIENT IS AN AGGRIEVE PERSON, THE, UM, APPLICATION ITSELF WHEN YOU, WHEN, WHEN YOU SEEK TO GET A WRITTEN ORDER, UH, A WRITTEN, UH, INTERPRETATION FROM THE TOWN, UM, THE REQUIREMENT OF THE LLMO IN ITSELF SAYS THAT, UH, THE INTERPRETATION CAN ONLY BE SOUGHT BY PERSONS WITH A DIRECT INTEREST IN THE MATTER REQUESTED FOR INTERPRETATION, A DIRECT INTEREST, WELL, THE TOWN CONSIDERED MY MY CLIENT'S APPLICATION, UH, FOR, UH, WRITTEN INTERPRETATION.THEY NEVER CONTESTED THAT 10 14 WHP, UH, HAD A IN, HAD A DIRECT INTEREST IN ITS DETERMINATION, NEVER CAME UP.
AND SO BY THAT ACCEPTANCE, UM, IT'S IMPLIED OR IT'S ASSUMED THAT MY CLIENT ISN'T AGGRIEVED PERSON BECAUSE THE TOWN RECOGNIZED THAT HE HAD A DIRECT INTEREST IN ALL OF THIS.
UM, IN ADDITION TO THAT, WHAT WE'RE CONSIDERING HERE TODAY, WE'RE, WE'RE LOOKING AT A, AN ACTION TAKEN BY THE TOWN, WHICH IN EFFECT CREATES A A BY THEIR DEFINITION, THEY'RE CREATING A, A USE TO SUPPORT THIS BUILDING, THIS PROJECT, THIS URGENT CARE CENTER THAT'S NOT PERMITTED BY THE LMO.
SO IT'S, IN FACT, IT'S A DEFACTO TEXT AMENDMENT, IS WHAT THIS TOWN IS TRYING TO ACCOMPLISH.
AND IN THAT REGARD, WE HAVE HAD, MY CLIENT HAS HAD NO PUBLIC HEARING BEFORE PLANNING COMMISSION, UH, ABOUT THIS MATTER.
UM, AND YOU, YOU'VE HAVE WHAT'S ESSENTIALLY, IT'S, IT COMES DOWN TO ESSENTIALLY HE HAS A BUNDLE OF RIGHTS THAT HE HAD AN EXPECTATION COMING INTO WHEN HE BOUGHT THIS PROPERTY OF TYPES OF COMMERCIAL USES, WHICH WERE LIKE COMMERCIAL USES WOULD BE IN MY PRO, IT WOULD BE IN MY, IN MY ZONING AREA HERE.
AND WHAT YOU HAVE NOW IS YOU HAVE A TAKING OF THOSE INTERESTS BY A TOWN INTERPRETATION, WHICH MAKES, WHICH INJURES HIM.
AND, AND YOU, HE'LL HEAR SOME TESTIMONY OR COMMENT FROM HIM TODAY ABOUT WHAT'S ACTUALLY OCCURRED.
I MEAN, HE HAS LANDLORDS, HE HAS, HE RENTS HIS PROPERTY TO TENANT, WHICH IS A, OPERATES A RESTAURANT, AND THEY ARE NOT TOO PLEASED ABOUT THE FACT THAT THERE'S AN URGENT CARE CENTER COMING IN NEXT DOOR, RIGHT NEXT TO WHERE PEOPLE ARE SITTING OUT HAVING THEIR HAMBURGERS IN THE BACKYARD AND, UH, THE BACK PART OF THEIR RESTAURANT.
AND ALL THAT GOES ON WITH HAVING AMBULANCES COMING IN THERE AND EMERGENCY SYSTEMS, UM, EMERGENCY, UH, UM, UM, CASES WHEN, YOU KNOW, YOU'VE GOT SOMEBODY 30, 40 FEET AWAY TRYING TO ENJOY A A NICE DINNER OUT WITH THEIR CHILDREN IN THE BACK OF A RESTAURANT.
AND MR. LANA WILL DESCRIBE THAT TO YOU A LITTLE BIT MORE.
UM, YOU MAY HEAR SOME, SOME, AND I'LL RESERVE FOR REBUTTAL.
SOME, UH, IF THERE'S OTHER ARGUMENTS ABOUT, UH, MY CLIENT BEING A AGGRIEVED PERSON, I ALWAYS RESERVED THAT FOR REBUTTAL.
SO BASICALLY IN A NUTSHELL, WHAT IT COMES DOWN TO IS, IS MY CLIENT'S INTERPRETATION.
UH, WHAT IT SOUGHT, UH, THE, THE INTERPRETATION ISSUED BY THE TOWN OF HILTON HEAD WAS ERRONEOUS IT BASED ON FAULTY LOGIC, AND IT, IT, IT SHOWS A COMPLETE LACK OF JUDGMENT IN THIS DECISION.
UM, IT, THERE CAN BE NO FINDING BASED ON REALITY AND BASED ON THE DEFINITION THAT WAS SUPPLIED BY THE TOWN BY THE OWNER OF 10 16 WILLIAM HILTON PARKWAY, THAT THIS IS NOT A MEDICAL CLINIC.
AND BECAUSE IT IS A MEDICAL CLINIC, IT DOES NOT FALL WITHIN THE PERMITTED USE WITHIN THE LIGHT LIKE COMMERCIAL DISTRICT.
AND LIKEWISE, IT DOES NOT FIT THE DEFINITION OF OTHER OFFICE USES THAT THE TOWN UNILATERALLY DECIDED THEY WERE GONNA PUT FORWARD IN THE INTER INTERPRETATION.
AND BASED ON THAT, WE RESPECTFULLY REQUEST THAT THE BOARD OF ZONING APPEALS REVERSE THE DECISION FROM THE TOWN TO REVERSE THE INTERPRETATION AND ISSUE AN ORDER ACCORDINGLY.
AT THIS POINT, I'D LIKE TO HAVE MR. LA MENE SPEAK, OR CAN WE CAN DEFER THAT TO, UM, LET'S HAVE MR. LA MENE SPEAK AND THEN WE'LL HAVE QUESTIONS FOR BOTH OF YOU, I'M SURE.
HELLO, MY NAME IS DAVID LONEY.
I OWN 10 14 WILLIAM HILTON PARKWAY, TOGETHER WITH MY WIFE SHARON, IF I LEAD BACK TO WHEN WE PURCHASED, HEY, UH, IT'S MICHAEL CONLEY FOR THE RECORD.
UH, JUST WANTED TO REMIND YOU THAT THE RULES AND PROCEDURES ALLOW, OH, WE HAVE SKIPPED, WE HAVE SKIPPED STAFF PRESENTATIONS.
THAT WHAT YOU'RE, UH, THE, THE APPLICANT RAN OUT OF TIME.
THE, UH, THE AUDIBLE TIMER WENT OFF THAT 20 MINUTE TIMER FOR THE APPLICANT.
SO NOW WE WOULD MOVE ON TO THE, THE NEXT STEP, WHICH WOULD BE STAFF.
[00:25:01]
YES, MA'AM.UM, WE'LL HAVE TO SAVE YOU FOR LATER.
SO WE'LL HAVE QUESTIONS NOW FOR MR. KUBECK IF THE BOARD HAS ANY QUESTIONS AT THIS TIME.
AND JUST, JUST SO I UNDERSTAND, UM, I THOUGHT THE PROCESS WAS APPLICANT STAFF AND THEN THEN THE PERMIT HOLDER.
MR. LONEY WILL COME AFTER THAT.
ANY QUESTIONS FROM THE BOARD? UH, DID YOU MENTION SOMETHING ABOUT, UM, AMBULANCE SERVICE? YES.
AND THAT WILL BE PART OF THE OPERATION? YES.
THAT'S PART OF, THAT'S PART OF THEIR APPLICATION FOR THE TOWN, AND IT'S PART OF THE DEFINITION THAT WAS PROVIDED TO THE TOWN.
DO, DO YOU KNOW IF THE AMBULANCES CAN BRING PATIENTS TO THE, UH, THIS, UH, FACILITY AS OPPOSED TO SIMPLY TAKING THEM FROM THE FACILITY TO AN EMERGENCY ROOM? UM, MY UNDERSTANDING IS THAT THEY BRING PEOPLE IN AND THEN THEY, I DON'T EVEN KNOW WHAT HAPPENS AFTER THAT POINT, BUT MY UNDERSTANDING WAS THEY HAVE THE ABILITY TO BRING PEOPLE TO THIS, AND THAT'S ONE OF THE DESIGN PURPOSES FOR THIS, IS TO HAVE A FACILITY WHERE THEY CAN TREAT SOMEBODY ON AN EMERGENCY BASIS TO DIRECTLY, UH, TO THE EXTENT OF HOW MUCH MEDICAL TREATMENT IS PROVIDED HERE, AS OPPOSED TO BEING SHIPPED OFF TO TRANSPORT TO A HOSPITAL.
AND THE, THE OWNER FOR THAT PROPERTY OR DEVELOPER WOULD HAVE TO DO THAT.
DOES THAT MAKE SENSE? TALK TO ME, UM, AGAIN ABOUT YOUR DEFINITION OF A MEDICAL CLINIC.
AND SPECIFICALLY, UM, WELL, THE, THE, WHAT'S DEFINED AS A MEDICAL CLINIC OKAY, WAS THE TOWN PROVIDED THAT DEFINITION.
AND THEY DEFINED A MEDICAL CLINIC AS A FACILITY OPERATED BY ONE OR MORE PHYSICIANS OF THE, UM, FOR THE EXAMINATION AND TREATMENT OF PERSONS SOLELY ON AN OUTPATIENT BASIS.
SO IT'S A FACILITY STAFFED BY PHYSICIANS TREATING PEOPLE ON AN OUTPATIENT BASIS.
THE SECOND DEF DEFINITION WAS OFFICES ORGANIZED AS A UNIFIED FACILITY TO PROVIDE MEDICAL TREATMENT, UM, AS CONTRASTED WITH UNRELATED GROUP OF SUCH OFFICES, BUT NOT INCLUDING BED PATIENT CARE.
SO IT'S BASICALLY THE SECOND DEFINITION WAS BASICALLY A, A FACILITY PROVIDING MEDICAL TREATMENT THAT DIDN'T INCLUDE BED PATIENT CARE.
THOSE ARE, THOSE ARE THE DEFINITIONS THAT WERE PROFFERED BY THE TOWN.
SO APPLYING THOSE TWO DEFINITIONS TO WHAT THE APPLICANT, OH, I'M SORRY.
TO WHAT? 10 16 WILLIAM HILTON PARKWAY DESCRIBED AS ITS BUSINESS.
THEIR DEFINITIONS ARE DIRECTLY ON POINT OR CO-EXTENSIVE WITH THE PROPOSED USES A FACILITY STAFFED BY PHYSICIANS TREATING PEOPLE ON AN OUTPATIENT BASIS.
AND THAT'S WHAT'S THE, THE, THE TWO PROPOSED USES THAT ARE DEFINED BY THE, BY THE OWNER OF THE PROPERTY BASICALLY SAID THAT'S WHAT WE HAVE.
SO YOU'RE SAYING THAT IS A MEDICAL CLINIC DEFINITION, OR IT'S NOT A MEDICAL IT'S, IT IS.
THIS IS THIS, AND THE TOWN HAS SAID THAT A MEDICAL CLINIC IS PERMITTED, THE MEDICAL CLINIC IS NOT A PERMITTED USE.
IT'S AN EXCEPTION TO THE OTHER, TO THE, TO THE PERMITTED USES.
YOU CANNOT HAVE A MEDICAL CLINIC.
WE'RE SAYING THAT THIS IS A MEDICAL CLINIC.
THEREFORE, IT IS NOT AN ACCEPTABLE USE.
AND, AND WHAT LEADS YOU TO BELIEVE THAT THE HILTON HEAD FIRE AND RESCUE DEPARTMENT IS GONNA DELIVER EMERGENCY PATIENTS TO THIS FACILITY? I DON'T KNOW IF IT'S THE, I, IT'S, IT WOULD BE, THERE'S, THERE'S AMBULATORY SERVICES.
I DON'T KNOW WHO THOSE AMBULATORY SERVICE ARE, BUT THAT WAS PROVIDED IN THE APPLICATION TO THE, TO THE DEPARTMENT.
WELL, WHEN YOU DIAL 9 1 1, FIRE AND RESCUE'S GONNA RESPOND AND THEY'RE GONNA TAKE THEM TO THE HOSPITAL.
WELL, THE APPLICATION BY THE APPLICATION, THE, THE DEVELOPMENT PLAN APPLICATION AND PROCESS FOR THIS PROPERTY SPECIFICALLY REFERS TO AMBULATORY SERVICES.
AND IF I'M NOT MISTAKEN, THIS CAN BE CLARIFIED.
THERE'S A FACILITY THEY'RE GONNA REFER TO THIS FACILITY.
BY BY WHOSE JUDGMENT? UH, THAT I DO NOT KNOW.
COULD WE GO BACK TO YOUR SLIDE THAT, UM, HAD THE DEFINITION OF OTHER OFFICE USES, AND LET'S GO TO THE VERY END OF THAT.
I THINK THE SECOND PAGE OF THAT SLIDE, WELL, MAYBE THIS IS, YES, THIS IS IT.
THIS LAST SENTENCE, UM, THE WAY I READ IT, THE WORD AND IS USED IN THE CONJUNCTIVE.
[00:30:01]
THAT WOULD INCLUDE, UM, HEALTHCARE SERVICES ARE PROVIDED IN A MORE INTENSIVE MANNER AND IN A MORE INSTITUTIONAL SETTING.SO YOU FOCUSED ON THE INTENSIVE NATURE, UH, THAT YOU, YOU SAY, WOULD BE INVOLVED HERE.
I DON'T SEE HOW THIS FITS INTO A MORE INSTITUTIONAL SETTING.
WELL, UH, I, I BELIEVE THAT WHEN YOU REFER TO INSTITUTIONAL, YOU'RE ALONG THE LINES OF THE HOSPITAL WHERE YOU HAVE FACILITIES, WHERE YOU HAVE EXAMINATION ROOMS, WHERE YOU HAVE, UM, CT SCANNERS, WHERE YOU HAVE X-RAY COMPONENTS AND ULTRASOUNDS AND YOU HAVE LAB SERVICES ON SITE.
UM, ALL OF THOSE, UH, TO ME COMPLY WITH OR, OR, OR INDICATIVE OF HAVING AN INSTITUTIONAL TYPE SETTING.
THERE ARE SEPARATE EXAM ROOMS. UM, AGAIN, IT'S ALSO HOUSED BY PHYSICIANS, UH, WHO ARE THERE 24 7, KIND OF LIKE, YOU DON'T, YOU DON'T TYPICALLY HAVE, UM, UM, UH, UH, STANDALONE MEDICAL OFFICE HOUNDS HOUSED BY A PHYSICIAN 24 7.
SO TO ME, THE, THOSE FACTORS ARE INDICATIVE OF BEING AN INSTITUTIONALIZED SETTING.
AND, AND I THINK THAT RAISES THE POINT THAT I'M REALLY CONCERNED ABOUT BECAUSE, UM, IT'S ONE THING TO SAY SOMEONE MADE A WRONG DECISION, BUT IT'S ANOTHER THING TO SAY THAT SOMEONE ABUSED THEIR DISCRETION IN MAKING THAT DECISION.
AND THAT WORD INSTITUTIONAL, I THINK, UH, IS, CAN BE INTERPRETED MORE BROADLY THAN YOU'RE INTERPRETING IT.
UM, SO THAT WAS, THAT WAS THE REASON I ASKED THE QUESTION.
ON THIS SLIDE, UH, WHERE YOU, YOU REFERENCED TO THE, UH, PROPOSED FACILITIES, CT SCANNER, ULTRASOUND, AND LAB SERVICES.
DO YOU KNOW IF, UH, ANY OTHER URGENT CARE FACILITIES IN HILTON HEAD OFFER THOSE SERVICES? UM, I DO NOT KNOW FOR A FACT WHETHER OR NOT, BUT THERE MAY BE PEOPLE HERE WHO CAN ANSWER THAT QUESTION FOR YOU TODAY.
UH, DR. JORDAN IS HERE AND HE MIGHT BE ABLE TO ANSWER THAT FOR YOU.
I, I KNOW AT LEAST THAT MAIN STREET MEDICAL HAS THOSE, SOME OF THOSE FACILITIES, 'CAUSE I'VE EXPERIENCED THEM AS A PATIENT.
I'LL BE HAPPY TO ANSWER ANY QUESTION THAT THE, HAVE YOU HAD ONE, MR. CHRISTIAN, ABOUT WHO, UH, WHEN YOU CALL NINE ONE, WHERE DO YOU GO? 9 1 1 DR.
WHERE?
SO PATIENTS WILL BE GOING TO THAT FACILITY IF THEY CALL 9 1 9 11.
JUST SIMPLY WHERE IF THEY WE'RE GOING, BUFORD HOSPITAL, YOU GO YOUR URGENT CARE QUESTION, OTHER, OTHER, OTHER URGENT CARE FACILITIES.
YOUR QUESTION WAS, I I, I ASKED IF, IF ANYONE KNOWS IF OTHER URGENT CARE FACILITIES IN HILTON HEAD OFFER THESE TYPES OF SERVICES, CT SCANNERS, ULTRASOUND LAB SERVICES ON SITE, SIR? NO, SIR.
IF YOU DON'T MIND, UM, STAFF REAL QUICK, UM, JUST AS A REMINDER, UH, THE MEETING IS BEING RECORDED AND BROADCAST, SO, UH, FOR ANY TESTIMONY IF WE COULD, THANK YOU, MA'AM.
ANY OTHER QUESTIONS FOR MR. KUBECK THAT WE'LL HEAR FROM STAFF AT THIS TIME? THANK YOU FOR CONSIDERATION.
GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE, OF THE BOARD.
UM, JUST FOR THE RECORD, THERE'S A GENTLEMAN SPOKE OFF THE MIC.
IF HE COULD COME UP AND STATE HIS NAME AND HIS AFFILIATION FOR THE RECORD.
THANK YOU AGAIN, BOARD FOR LETTING ME SPEAK.
PATRICK JORDAN, PHYSICIAN, 28 YEARS HERE, LIVING ON THE ISLAND AND PRACTICING MEDICINE ON THE ISLAND FOR 28 YEARS.
GOOD AFTERNOON AGAIN, SEAN LANIER, DEPUTY TOWN MANAGER, ALSO SERVING AS THE LAND MANAGEMENT, UH, OFFICIAL ORDINANCE OFFICIAL, UH, AS WE'VE BEEN SEARCHING FOR A DIRECTOR AND RECENTLY HIRED A, A PLANNING DIRECTOR.
SO I THINK MY TIME AS LAND MANAGEMENT ORDINANCE OFFICIAL WILL, WILL BE, BE SHORT-LIVED HERE AS HE GETS ON BOARD.
SO, BUT I WAS THE LAND MANAGEMENT ORDINANCE OFFICIAL AS THIS APPLICATION CAME BEFORE US.
I MADE THE INTERPRETATION, UH, THAT IS BEFORE YOU EVEN BEEN APPEALED, BEFORE YOU, UH, THIS AFTERNOON.
UM, ONE, JUST TO BE CLEAR, I I WANNA MAKE SURE WE STATE WHAT THE, WHAT THE APPEAL IS FOR.
UM, AND IN YOUR PACKET, I INCLUDED A LOT OF INFORMATION, STAFF INCLUDED A LOT OF INFORMATION THAT IT WAS A STAFF REPORT, THE APPLICANT'S NARRATIVE AND THEIR
[00:35:01]
APPLICATION.WE HAD, UH, TOWN ADDITIONAL INFORMATION FROM THE TOWN.
GIVING YOU SOME ADDITIONAL BACKGROUND ON, ON THIS, THIS ITEM.
WE ALSO INCLUDED, YOU RECEIVED TODAY THE APPLICANT PRESENTATION, AND THERE WAS ALSO A LETTER FROM BEFOR MEMORIAL HOSPITAL AS THE PROPERTY ORDER THAT THIS, THIS, THIS INTERPRETATION IMPACTS.
THERE WAS A LETTER FROM THEM AS WELL.
UM, THAT WAS ALL INCLUDING YOUR PACKET.
THE RE THE APPEAL BEFORE YOU THIS AFTERNOON IS THAT THE APPLICANT HAS APPEALED A FORMAL WRITTEN INTERPRETATION, UH, FOR A FACILITY PROVIDING CLINICALLY RELATED OUTPATIENT EMERGENCY AND IMAGING SERVICES AT 10 16 WILLIAM HILTON PARKWAY AS A PERMITTED USE WITHIN THE, THE LC, WHICH IS THE LIGHT COMMERCIAL DISTRICT.
UH, THE APPLICANT HAS ALREADY SHARED WITH YOU, UM, A SITE PLAN OR LOCATION MAP, I SHOULD SAY, A LOCATION MAP, UH, AS WELL AS THE ZONING MAP.
I DON'T HAVE ANYTHING TO ADD TO THAT, THAT WE, WE AGREE THAT'S WHERE IT'S LOCATED.
THAT'S, THAT'S WHAT IT'S ZONED.
UM, THE APPLICANT HAD ALSO SHARED WHAT THE PROPOSED USE OF THIS SITE IS, AND THIS WAS PART OF BEFORD MEMORIAL HOSPITAL'S APPLICATION TO US, TO THE TOWN.
UH, AS FAR AS HOW THEY INTENDED TO UTILIZE THIS PROPERTY.
UH, IN FACT, BACK IN, AND BEAR WITH ME, I'M GONNA HOP AROUND TO SOME DIFFERENT SLIDES HERE.
A LITTLE OVER A YEAR AGO, ABOUT 18 MONTHS AGO, MAY 28TH, 2024 STAFF, UH, HAD, HAD RECEIVED A ZONING DETERMINATION REQUEST FROM MR. BAXLEY, THE PRESIDENT, CEO OF, UH, BEFORE MEMORIAL HOSPITAL, UH, INQUIRING ABOUT THIS PROPERTY AND WHETHER OR NOT THE PROPOSED USE WAS A PERMITTED USE ON THIS PROPERTY AT THAT POINT IN TIME.
STAFF, UH, I BELIEVE SEAN COLLIN WAS THE LAND MANAGEMENT ORDINANCE OFFICIAL AT THAT POINT IN TIME, UH, ISSUED THIS ZONING DETERMINATION CONFIRMING THAT THIS IS IN FACT THE, UM, A PERMITTED USE FOR THIS PROPERTY.
THE APPLICANT THEN RELIED ON THAT APPLICATION AND SUBMITTED A, A, A NUMBER OF OTHER APPLICATIONS TO, TO, TO BASICALLY PUT INTO EFFECT DEVELOPMENT PLANS AND DESIGN REVIEW APPROVALS THAT ALLOW THEM TO SUBMIT FOR DEMOLITION PERMITS AND BUILDING PERMITS FOR THIS, FOR THIS, FOR THIS PROPERTY.
I HAVE THOSE HERE ON THE SCREEN FOR YOU.
THEY WERE ALSO PART OF YOUR, YOUR, YOUR, YOUR APPLICATION OR YOUR, YOUR, YOUR PACKET THIS AFTERNOON.
UM, SO WE RECEIVED THEN, AFTER, BASED ON THAT, THAT ZONING DETERMINATION, WE RECEIVED A DEVELOPMENT PLAN, UH, REVIEW APPLICATION ON NOVEMBER 12TH, 2024.
THAT WAS ULTIMATELY APPROVED ON MAY 14TH, 2025.
WE ALSO RECEIVED A, A TWO SEPARATE MAJOR CORRIDOR REVIEW APPLICATIONS.
THE FIRST ONE WAS A, A CONCEPTUAL REVIEW.
UH, THE CONCEPTUAL REVIEW WAS ACTUALLY SUBMITTED ON DECEMBER 23RD, 2024.
UH, AND IT WAS HEARD BY OUR DRB, OUR DESIGN REVIEW BOARD.
WE HAVE A DESIGN REVIEW BOARD THAT REVIEWS ANYTHING THAT'S WITHIN THE CORRIDOR OVERLAY DISTRICT.
THIS PROPERTY'S WITHIN 450 FEET OF WILLIAM HILTON PARKWAY AND THEREFORE IS SUBJECT TO ARCHITECTURAL REVIEW STANDARDS.
SO OUR DRB, WHICH MEETS PUBLICLY HAS PUBLISHED AGENDAS.
THEY MET ON JANUARY 14TH AND AGAIN ON, ON FEBRUARY 25TH TO REVIEW THE CONCEPTUAL PLANS FOR THIS PROJECT.
WE THEN RECEIVED THE FINAL APPLICATION ON MARCH 26TH, 2025.
ALSO THEN REVIEWED THAT APPLICATION ON MAY 8TH, AGAIN, PUBLIC MEETING, PUBLIC, UH, AGENDA, UM, THAT IS POSTED ON OUR WEBSITE, MADE AVAILABLE ON, ON APRIL 8TH OF, OF THIS YEAR.
UH, ULTIMATELY THEN THE, THE DRB APPROVAL WAS GRANTED ON MAY 6TH, 2025.
I, I SHARE WITH YOU ALL THOSE DATES BECAUSE THOSE DATES ARE IMPORTANT BECAUSE EACH ONE OF THOSE ACTIONS IS AN APPEALABLE ACTION.
UM, IT HAS THAT SAME 14 DAY REQUIREMENT.
SO BASED ON THOSE APPROVALS, MAY 14TH AND MAY 6TH, THAT STARTS A 14 DAY CLOCK.
UM, UM, AND WHEN THE APPEAL DEADLINE HAS TO HAPPEN, UH, YOU SEE THOSE DATES, I'M SORRY, DRB ACTUALLY HAS A 30 DAY.
UM, BUT YOU SEE THOSE DATES THAT ARE HERE ON THE SCREEN AS FAR AS WHEN THE APPEAL SHOULD BE FILED.
IF THERE WAS AN OBJECTION TO THE DEVELOPMENT PLAN REVIEW OR THE DESIGN REVIEW BEING APPROVED FOR THE SITE TOWN DID NOT RECEIVE ANY APPEALS TO THOSE DECISIONS THAT WERE MADE BACK IN MAY OF LAST YEAR OR OF THIS YEAR.
UM, FAST FORWARD THEN TO, WELL, AND THERE'S ONE MORE POINT ON THAT I WANNA MAKE 'CAUSE IT'S, IT'S AN IMPORTANT POINT AS WE, AS WE CONTEMPLATE THIS, THIS APPEAL.
UM, AND THAT IS THE FACT THAT SECTION 16 TWO DASH 1 0 3 POINT R OF THE LEN, I APOLOGIZE, I'M BOUNCING BACK AND FORTH ON MICROPHONES.
JACOB OF, OF THE TOWN'S LAND MANAGEMENT ORDINANCE STATES THAT A WRITTEN INTERPRETATION SHALL BE BINDING ON SUBSEQUENT AND IN OUR STAFF OR IN THE LETTER THAT WE SUBMITTED, UH, ON OCTOBER 25TH, THAT WE HAVE THAT EMPHASIZED, ARE BINDING ON SUBSEQUENT DECISIONS BY THE OFFICIAL AND APPLYING THE SAME PROVISION OF THIS ORDINANCE IN THE SAME CIRCUMSTANCE.
THEREFORE, ANY DECISION BY THE OFFICIAL PRIOR TO A WRITTEN INTERPRETATION IS NOT AFFECTED.
HERE, THE WRITTEN INTERPRETATION
[00:40:01]
WAS ISSUED ON AUGUST 12TH AND DOES NOT APPLY TO DECISIONS PRIOR TO THE ISSUANCE STATE.SPECIFICALLY, IT DOES NOT AFFECT THE DPR OR THE DRB APPROVALS THAT I HAVE NOTED HERE ON THE SCREEN THAT OCCURRED IN MAY OF 2025.
I WANNA MAKE SURE WE'RE CLEAR ON THAT, THAT IF, IF THE BOARD FINDS THAT WE, THAT, THAT I AIRED, THE STAFF AIRED IN THE, IN THE INTERPRETATION HERE, IT AFFECTS EVERYTHING MOVING FORWARD.
IT IS NOT A LOOK BACKWARDS ONTO THOSE PREVIOUSLY APPROVED DEVELOPMENT PLANS AND, AND DESIGN REVIEW, UH, CONSIDERATIONS.
SO BASED THEN ON, AS NOTED HERE ON THE SCREEN ON SEP ON JULY 15TH, WE RECEIVED A REQUEST FOR, UH, A WRITTEN INTERPRETATION AS TO HOW WE ARRIVED AT, UH, PERMITTING THIS USE ON THE PROPERTY CONSISTENT WITH THAT MAY 28 LETTER THAT I ON 20 MAY 28TH, 2024 LETTER THAT I HAD, UH, ON THE SCREEN PREVIOUSLY.
UM, WE ANSWERED TWO QUESTIONS.
UH, AND THIS WAS THE APPLICANT'S LETTER TO US ASKING FOR THE, FOR THE FORMAL INTERPRETATION.
THE TWO PARTS WERE THE SCOPE AND MEANING OF MEDICAL CLINICS AS USED IN OID ORDINANCE AS A, AS IN ITS APPLICABILITY TO THE, TO OR DIFFERENTIATION FROM PLANNED USAGE OF THE PROPERTY.
IN QUESTION NUMBER TWO, WHETHER THE PLANNED USAGE OF THE PROPERTY AS AN EMERGENCY ROOM URGENT CARE CENTER WITH AMBULANCE SERVICES COMPORTS WITH EXPRESSED PURPOSE OF THE LC DISTRICT IN BOTH THE DEFINITION AND INTENT OF OTHER HEALTH SERVICES.
UH, BASED ON THAT, WE THEN ISSUED A, A, A, UH, FORMAL WRITTEN INTERPRETATION ON AUGUST 12TH.
AGAIN, THIS WAS IN YOUR PACKET.
THIS LAYS OUT SOME BACKGROUND INFORMATION JUST AFFIRMING THE PROPERTIES THAT WE'RE TALKING ABOUT AFFIRMING THE, THE QUESTIONS THAT WE WERE ASKED, THE ZONING FOR THE PROPERTY.
UH, THIS IS THE SAME LANGUAGE THAT WAS PREVIOUSLY SHARED BEFORE ABOUT WHAT THE PROPOSED USE OF THE PROPERTY IS, AND THEN ULTIMATELY INTO THE DEFINITIONS THAT WERE UTILIZED IN DETERMINING WHETHER OR NOT THIS USE WAS OR IS A PERMITTED USE ON THIS PROPERTY.
UH, SO WE START WITH THE OTHER HEALTH SERVICES, UH, 1610 DASH 1 0 3 POINT SEED 0.2 A FACILITY OTHER THAN A HOSPITAL OR NURSING HOME THAT PRIMARILY PROVIDES CLINICAL RELATED DIAGNOSTIC TREATMENT OR REHABILITATION SERVICES, INCLUDING ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH SERVICES.
THIS USE TYPE DOES NOT INCLUDE MEDICAL CLINICS OR DOCTORS OR DENTIST OFFICES OR POST INCARNATION FACILITIES.
SO THE FIRST THING IS, IN THAT FIRST SENTENCE, WE NEED TO QUALIFY, IS THIS A HOSPITAL OR THIS IS A NURSING HOME.
AND SO THE NEXT TWO DEFINITIONS THAT ARE PROVIDED IN THAT INTERPRETATION LETTER ARE WHAT A HOSPITAL IS AND WHAT A NURSING HOME IS.
UM, IN THE INTEREST OF TIME AND ONLY HAVE 20 MINUTES, I'M NOT GONNA READ EACH ONE OF THOSE, BUT THEY'RE INCLUDING YOUR PACKET.
UH, AND AT THE END OF THE DAY, STAFF DETERMINE THAT THIS IS NOT A HOSPITAL BECAUSE IT DOES NOT INCLUDE, UH, OVERNIGHT STAYS, UH, DOES NOT MEET THE DEFINITION OF OF HOSPITAL.
THAT'S, THAT'S LISTED IN IN IN THIS SECTION.
WE ALSO THEN LOOK AT NURSING HOME AND WHETHER OR NOT THIS DEFINITION IS A NURSING HOME CLEAR, THIS IS NOT A NURSING HOME.
THERE IS NOT PEOPLE STAYING HERE, LIVING HERE, UH, RECEIVING CARE.
UM, OVERNIGHT STAFF ALSO INCLUDED, UM, BASED ON SOME CONSIDERATIONS WITH THE TOWN ATTORNEY IN REVIEWING THIS REQUEST.
WE DID ALSO LIST IN HERE THE OTHER OFFICE USE WHERE THERE WAS A, UH, QUITE A BIT OF CONVERSATION ABOUT THIS ALREADY, SPECIFICALLY THAT LAST SECTION, UH, THAT'S HIGHLIGHTED HERE.
WE REFERENCED THIS AS A COULD.
WE DID NOT RELY ON THIS DEFINITION.
THERE WAS MORE INFORMATION WE WOULD NEED TO HAVE TO DETERMINE, BUT THIS WAS SOMETHING THAT WE DID CONSIDER IN LOOKING AT IT, OUR RELIANCE WAS ON THE DEFINITION OF OTHER HEALTH SERVICES.
THAT'S WHAT OUR RELIANCE WAS ON, AND THAT WAS WHAT OUR INTERPRETATION HAS BEEN AND, AND CONTINUES TO BE, THAT THIS IS OTHER HEALTH SERVICES.
THE LAST THING THAT WE NEED TO ADDRESS IN THAT DEFINITION THOUGH, IS THAT LAST SENTENCE.
IT SAYS, THIS USE TYPE DOES NOT INCLUDE MEDICAL CLINICS, DOCTORS OR DENTISTS OFFICE OR POST INCARNATION FA FACILITIES.
UH, AND WITH THAT, WE AGREE WITH THE APPLICANT THAT, OR THE APPELLANT THAT THE, THIS IS NOT A DOCTOR'S OFFICE.
UM, HOWEVER, THE CODE DOES NOT DESCRIBE OR DOES NOT PROVIDE A DEFINITION OF MEDICAL CLINICS IN THE DEFINITION SECTION.
WHEN THAT HAPPENS, THE CODE PROVIDES US OPPORTUNITIES TO GO TO OTHER SOURCES, NOT TO HAVE A SPECIFIC DEFINITION, BUT TO GET GUIDANCE.
AND SO IN THIS CASE, ONE OF THE, THE, THE SOURCES THAT IS CITED IS A PLANNER'S DICTIONARY, UH, A PLANNER'S DICTIONARY FOR THE, AS AS ACTUALLY SOMEONE HAS IT UP HERE, A PLANNER'S DICTIONARY IS SOMETHING THAT'S PUT TOGETHER BY THE AMERICAN PLANNING ASSOCIATION.
HAS A, A, A COLLECTION OF DEFINITIONS FROM AROUND THE COUNTRY TO HELP, HELP INFORM PLANNERS, CODE ADMINISTRATORS, AND OTHERS TO HOW OTHERS THINK ABOUT THIS CODE.
AND IN THAT, THERE ARE A COUPLE DIFFERENT DEFINITIONS THAT TALK ABOUT MEDICAL CLINICS AND WHAT THEY ARE.
ONE OR MORE PHYSICIANS, CHIROPRACTORS, LIFE PRACTITIONERS OF THE HEALING ARTS FOR THE EXAMINATION AND TREATMENTS OF PERSONS ON AN OUTPATIENT BASIS.
[00:45:01]
CLINICS ARE OFFICES ORGANIZED AS A UNIFIED FACILITY, UH, PROVIDE MEDICAL OR DENTAL TREATMENT AS CONTRASTED WITH AN UNRELATED GROUP OF OFFICES, INCLUDING, UH, NOT INCLUDING BED PATIENT CARE.UH, AS WE LOOKED AT THOSE TWO DEFINITIONS OF MEDICAL CLINICS, THESE IN OUR OPINION, TENDED TO BE MORE OFFICE ORIENTED.
THEY TENDED TO BE MORE CONSTRAINED TO, UM, LESS INTENSE, UH, USES.
WHEREAS HERE WE WERE PROVIDING URGENT CARE.
THESE ARE NOT SCHEDULED APPOINTMENTS.
THESE ARE, THIS, THIS IS A DIFFERENT TYPE OF USE AND FALLS INTO THAT CATEGORY OF OTHER HEALTH SERVICES, WHICH IS A FACILITY THAT PROVIDES CLINICALLY RELATED.
AND THAT IS WHAT THE USE IS THAT'S DESCRIBED ABOVE.
THERE ARE, THERE ARE EXAM ROOMS, THERE ARE SERVICES THAT ARE PROVIDED.
UM, YES, IT DOES PROVIDE AMBULATORY CARE, UH, OR AM AMBULATORY SERVICES.
UM, HOW MANY AMBULANCES, HOW IF THE AMBULANCE EVEN GOES THERE.
THAT IS AT THE DISCRETION OF THE FIRE DEPARTMENT AND THE FIRE, THE FIRE RESCUE DEPARTMENT.
THIS FACILITY, AS WE UNDERSTAND, IS BEING DESIGNED TO BE ABLE TO ACCEPT AMBULANCES.
IF THE AMBULANCES SO CHOOSE TO GO THERE, BUT THERE'S NO REQUIREMENT THAT AMBULANCES ARE REQUIRED TO GO THERE.
THEY COULD GO THERE, BUT THEY DON'T HAVE TO.
UM, TYPICALLY ON A CASE LIKE THIS AND, AND TALKING WITH THE FIRE DEPARTMENT, UH, THAT WOULD BE AT THEIR DISCRETION AND IT WOULD DEPEND ON WHETHER OR NOT THIS WAS AN EMERGENCY SITUATION.
IF IT'S AN EMERGENCY SITUATION, THEY'RE GOING TO A HOSPITAL.
BUT IF IT'S SOMETHING THAT'S LOW ACUITY, SOMETHING THAT CAN, DOESN'T NEED, UH, IMMEDIATE SOMETHING LOWER ACUITY LIKE A STITCHES OR SOMETHING LIKE THAT EFFECT, THAT'S SOMETHING THAT THEY CAN HANDLE AT THIS, AT A FACILITY LIKE THIS.
AND THAT'LL BE SOMETHING THAT THE, UH, WORK THAT THE FIRE DEPARTMENT WILL HAVE TO WORK OUT.
BUT THE POINT IS, IS THAT AS THIS IS BEING DESIGNED, IT HAS THE ABILITY TO ACCEPT, BUT IT'S NOT REQUIRED THAT AMBULANCES WILL GO TO THIS FACILITY.
AND BASED ON ALL THAT, WHAT WHERE WE ARRIVED AT IS CONSISTENT WITH WHERE WE WERE IN MAY OF LAST YEAR, UH, IS THAT THIS IS A, A, AN OTHER HEALTH SERVICE USE, WHICH IS AN ALLOWABLE PRINCIPAL USE IN THE EL IN THE LIGHT COMMERCIAL DISTRICT.
THE LAST THING THAT WE RECEIVED THEN IS THE APPEAL IN RESPONSE TO THE EIGHT 12, UM, FORMAL WRITTEN INTERPRETATION.
THAT APPEAL WAS SUBMITTED ON TIME.
IT HAS TO BE SUBMITTED WITHIN 14 DAYS.
I BELIEVE THE DUE DATE WAS AUGUST 26TH.
UH, AND JUST FOR CLARITY, UM, BECAUSE THE APPLICANT STARTED TO TOUCH UPON THIS, THE, AN AN APPLICATION CAN BE SUBMITTED, AN APPEAL APPLICATION BE SUBMITTED BY ANY PERSON THAT'S AGREED BY THE DECISION OR INTERPRETATION, WHO ALLEGES THE OFFICIAL ERROR AND MAKE A DECISION, MAY FILE AN APPEAL, A PERSON IS AGGRIEVED.
'CAUSE IN THAT PREVIOUS SENTENCE WAS AGGRIEVED AS A KEY WORD.
A PERSON HAS AGGRIEVED THAT THERE IS SOME SPECIAL OR PARTICULARIZED INJURY TO THAT PERSON OR THAT PERSON'S PROPERTY RESULTING FROM THE DECISION OR WRITTEN INTERPRETATION.
AND THAT SECTION I'M READING FROM IS 16 DASH TWO DASH 1 0 3 0.2 0.2.
AND THEN FINALLY, UH, IN YOUR STAFF REPORT OR IN YOUR, IN YOUR PACKET, THERE IS A STAFF REPORT.
I'VE COVERED ALL THE ITEMS THAT ARE HERE IN THE STAFF REPORT.
UM, CERTAINLY I CAN ANSWER ANY QUESTIONS ON THOSE ITEMS. UM, ALSO INCLUDED IN THE REPORT THOUGH, ARE YOUR REQUIREMENTS FOR WHAT DO YOU, WHAT'S THE BOARD'S GROUNDS FOR APPEAL.
UM, AND THEN WE GO THROUGH AND THERE IS A DISCUSSION ON, ON WHAT THE CODE SAYS AS FAR AS THE CRITERIA THAT THE BOARD SHOULD CONSIDER.
I WON'T READ THESE TO YOU, BUT YOU CAN SEE THEM.
THERE'S CRITERIA ONE, THERE IS CRITERIA TWO, CRITERIA THREE, AND THOSE ARE THE THREE CRITERIA THAT THE BOARD SHOULD REVIEW, UH, AND DETERMINE WHETHER OR NOT AN INTERPRET WHETHER OR NOT AN APPEAL SHOULD BE GRANTED.
AND I'D BE HAPPY TO ANSWER ANY QUESTIONS.
I, I, I HAVE, UM, I HAVE A FEW QUESTIONS.
SO FIRST QUESTION, YOUR UNDERSTANDING IS THAT LET'S SAY SOMEONE CUTS THEMSELVES OR BREAKS THEIR ARM, THAT THE UH, TOWN AMBULANCE, UH, SERVICE COULD MAKE A DECISION TO, TO TRANSPORT BY AMBULANCE THAT PERSON TO THIS FACILITY AS OPPOSED TO THE EMERGENCY ROOM COULD.
SO AT ANY TIME DURING THE DAY OR NIGHTTIME, SINCE IT'S OPEN 24 HOURS A DAY, AMBULANCE COULD BE COMING INTO THE FACILITY.
COULD, UH, THE SECOND YOU, YOU'VE DE THE TOWN HAS DETERMINED THAT THIS FACILITY IS NOT A MEDICAL CLINIC, CORRECT? YEAH, I LOOKED AT THE, UM, I THINK THE LARGEST
[00:50:01]
HOSPITAL IN THE STATE IS, UH, MUSC IN CHARLESTON.AND THEY HAVE DESCRIPTIVE MATERIAL ON THEIR WEBSITE AND THEY DISCUSS THREE TYPES OF FACILITIES, UH, FOR IMMEDIATE CARE, EMERGENCY ROOMS, RETAIL CLINICS, WHICH ARE LOCATED, THEY GAVE AS AN EXAMPLE AT WALMART, UH, AND URGENT CARE CLINICS.
SO YOU DON'T CONSIDER THIS PROPOSED FACILITY TO BE ANY TYPE OF A CLINIC.
I DON'T KNOW WHAT THEIR DEFINITION THAT THEY'RE UTILIZING BY MUSC.
UM, FROM, FROM OUR LMO, UM, THEY ARE PROVIDING, WELL, HERE, LET ME SWITCH BACK OVER.
THEY'RE PROVIDING CLINICALLY RELATED DIAGNOSTIC TREATMENT REHABILITATED SERVICES.
AND DO YOU KNOW IF THE FACILITY WILL HAVE ANY BEDS FOR PATIENTS WHO ARE THERE TO RECUPERATE OR FOR ANY OTHER PURPOSE? THAT WOULD BE A QUESTION FOR THE PROPERTY OWNER WHEN, WHEN THEY HAVE AN OPPORTUNITY TO COME UP, BUT NO, I'M NOT AWARE.
THEY'RE NOT, THEY'RE NOT THERE TO STAY OVERNIGHT.
THEY'RE NOT THERE TO HAVE SURGICAL SER SURGICAL PROCEDURES.
THEY'RE, THEY'RE NOW, IF, IF SOMEONE'S THERE AND COULD SOMEONE LAY IN THE BED WHILE THEY'RE, WHILE THEY'RE GETTING CHECKED OUT, PERHAPS, BUT I, I, I DON'T KNOW THE PARTICULARS ON THAT.
NOT TO THE POINT WHERE IT IMPACTS THE USE, THE DEFINITION OF THE USE.
ANY OTHER QUESTIONS? SEAN, IN YOUR, IN THE STAFF REPORT, IT GIVES A DEFINITION OF AN AGGRIEVED PERSON IS DEFINED BY ONE WHO HAS EXPERIENCED A SPECIAL OR PARTICULARIZED INJURY TO THEMSELVES OR THEIR PROPERTY RESULTING FROM A DECISION OR INTERPRETATION.
WHERE DID THAT COME FROM? THAT CAME FROM SECTION 16 DASH TWO DASH 1 0 3 T TWO, WHICH IS OUR PROCEDURES FOR AN APPEAL.
IT SAYS, BASICALLY THE SECOND ITEM THERE SAYS, HERE'S WHAT AN APPEAL IS FOR, HERE'S WHAT THE PURPOSE IS.
AND NUMBER TWO IS WHO'S ABLE TO FILE, UH, THE APPEAL.
AND I, I COULD PROBABLY PULL IT UP IF YOU WANNA SEE THE ACTUAL, SO, SO IT'S OUT OF THE LMO, IT'S OUT OF THE LMO.
WELL, I MEAN, IT, IT ALLUDES TO THE FACT THAT SOMEONE HAS TO HAVE EXPERIENCED AN INJURY.
AND SINCE THE FACILITY HASN'T EVEN BEEN BUILT YET, IS THAT A, HOW DOES THAT WORK? I THINK IT MIGHT CALL IN A FAVOR FROM EITHER THE TOWN ATTORNEY OR THE STAFF ATTORNEY TO HELP US, UH, WITH WITHSTANDING WHEN IT COMES TO WHAT'S AGGRIEVED AFTERNOON, BRITTANY WARD, THE ATTORNEY FOR THE TOWN, UM, YES, HE READ IT COMPLETELY CORRECT THAT IT HAS TO BE AN AGREED PARTY WHO HAS HAD SOME TYPE OF INJURY.
IF YOU PUT THIS IN A SEPARATE SITUATION, WHEREBY SOMEBODY, UM, WHO IS BUILDING A HOME AND THE INTERPRETATION HAS FAILED TO PROVIDE THEM THE ABILITY TO BUILD A HOME HOME, THAT WOULD BE THEM BEING AN AGGRIEVED PARTY, CORRECT? MM-HMM
IT HAS NOT BEEN STATED ANYTHING I HAVE READ OR BEEN PROVIDED OR IS IT INCLUDED IN YOUR BACK, YOUR, THE BACKUP? A DESCRIPTION OF WHAT THE AGGRIEVED PARTY IS SAYING THE INJURY IS.
SO TO, AT THIS POINT, I HAVE NOT BEEN PROVIDED ANY INFORMATION THAT WOULD STATE WHAT THE INJURY, UM, IS BEING CLAIMED.
I, I GUESS MY QUESTION IS, YOU KNOW, IT, IT SAYS EXPERIENCE PAST TENSE.
AT THE TIME OF THE FILING, THEY WOULD'VE HAD TO HAVE HAD AN INJURY OR, OR A RESULT OF THE DECISION.
AND THE FACILITY HASN'T EVEN BEEN BUILT YET.
SO THEY, IT'D BE DIFFICULT TO EXPERIENCE A, AN, A GRIEVANCE IF THERE HASN'T BEEN ANYTHING THERE TO GRIEVE.
I HAVE NOTHING TO SAY AGAINST THAT STATEMENT.
SEAN, YOU INDICATED IN YOUR PRESENTATION THAT THERE HAD BEEN AT LEAST THREE PUBLIC MEETINGS, AND I ASSUME THAT, UH, IN ACCORDANCE WITH THE, THE LAW THAT PUBLIC NOTICE WAS, UH, MADE AVAILABLE PRIOR TO THOSE PUBLIC MEETINGS.
SO IN THAT CASE, THE, THE DESIGN REVIEW BOARD, THE, THE NOTICE IS POSTING OF THE AGENDA, UH, ON THE TOWN'S, UH, ON THE TOWN'S WEBSITE.
UM, THAT IS THE, THAT IS THE POSTING REQUIREMENT FOR A DESIGN REVIEW BOARD.
[00:55:01]
IN THIS, FOR THE, FOR THE DEVELOPMENT PLAN REVIEW, WE HAVE SINCE CHANGED OUR CODE.UH, BUT THE TIME AT THAT CURRENT TIME, THAT WAS A STAFF LEVEL REVIEW.
SO THERE WAS NO PUBLIC MEETINGS ON THE DEVELOPMENT PLAN REVIEW, JUST ON THE ARCHITECTURAL REVIEW.
BUT THERE WERE THREE SEPARATE MEETINGS.
I'M ALWAYS A BIT SURPRISED THAT, UM, THAT FOLKS DON'T USE THE TOWN'S WEBSITE, UH, MORE OFTEN AND KEEP MORE, UH, ABREAST OF WHAT IS ACTUALLY OCCURRING.
UM, FOR EXAMPLE, JUST FOR THE EDIFICATION OF THOSE WHO ARE LISTENING, UM, YOU KNOW, WE GET BOARD PACKETS SEVERAL DAYS BEFORE THE BOARD MEETING, BUT ALL OF THE MATERIAL IN THE BOARD PACKETS ARE AVAILABLE ON THE WEBSITE TO THE PUBLIC.
SO MEMBERS OF THE PUBLIC CAN REVIEW ALL OF THIS MATERIAL PRIOR TO A MEETING AS WELL.
I FIND THAT TO BE VERY USEFUL ABOUT THINGS THAT I'M INTERESTED IN.
UM, AND I THINK THAT, YOU KNOW, FOLKS WHO ARE INVOLVED IN BUSINESS COMMUNITY MIGHT MAKE BETTER USE OF IT.
SO, ANY OTHER QUESTIONS? THANK YOU, SEAN.
NOW, NEXT ON, UM, THE MEETING OUTLINE THAT I HAVE IS A PRESENTATION, UH, BY THE PROPERTY OWNER OR AGENT.
AND MICHAEL, I SEE YOU, UH, APPROACHING ME.
UH, THE, THE LETTER'S PULLED UP AND READY.
PARDON? THE LETTER FROM THE, UM, PROPERTY OWNER IS READY FOR YOUR, HIS PRESENTATION.
WE WERE JUST WANTING TO MAKE SURE THAT THAT WAS PULLED UP FOR HIM.
SO THIS WAS ADDED, THIS WAS INCLUDING YOUR PACKET.
THIS IS FROM, UH, REPRESENTATIVE OR, UH, I BELIEVE THIS IS LEGAL COUNSEL FOR BEFORD MEMORIAL, UH, HOSPITAL.
IS, IS THERE ANYONE FROM BEFORD MEMORIAL REPRESENTATIVE COME FORWARD, PLEASE.
WOULD YOU STATE YOUR NAME? YES, MA'AM.
UH, RUSSELL BAXLEY, PRESIDENT AND CEO AT BEAUTIFUL MEMORIAL HOSPITAL.
AND I APPRECIATE YOU GUYS GIVING ME THE OPPORTUNITY, THE BOARD TO UH, KIND OF STATE OUR CASE, IF YOU WILL.
I THINK YOU EACH HAD THE LETTER IN YOUR PACKET.
SO, UM, I, I'M GONNA DO MY BEST TO MAYBE CLEAR UP SOME CONFUSION 'CAUSE THERE IS A LOT OF CONFUSION AND MAYBE RIGHTFULLY SO ABOUT THIS FACILITY.
UH, BECAUSE IT IS NOT A MEDICAL CLINIC, IT ISN'T OTHER HEALTH SERVICES.
AND TO ME, AS I'M DRIVING DOWN HERE, I'M HEARING LISTENING TO CNN OR FOX OR WHICHEVER ONE YOU LISTEN TO.
BUT RIGHT NOW THERE'S A LOT OF EMPHASIS ON HEALTHCARE AND THE COST OF HEALTHCARE AND WHERE IT'S GOING.
AND SO WHAT IS UNIQUE ABOUT THIS FACILITY IN PARTICULAR IS IT IS A 24 7 EMERGENCY DEPARTMENT, BUT IT IS ALSO AN URGENT CARE CLINIC.
THE REASON WE HAVE THESE TWO COMBINED IS BECAUSE WE WANT PATIENTS TO BE ABLE TO ARRIVE AT A LOCATION AND NOT ONLY RECEIVE HIGH QUALITY CARE AND ACCESSIBLE CARE, BUT THE CARE THAT IS AT THE RIGHT COST OF THE PATIENT.
WHAT I MEAN BY THAT IS THIS FACILITY HAS THE OPPORTUNITY TO ALLOW PATIENTS TO SEEK URGENT CARE SERVICES, RECEIVE URGENT CARE BILLINGS, BUT ALSO SEEK 24 7 EMERGENCY ROOM SERVICES, UH, AND SEEK EMERGENCY ROOM BILLING BY WAY OF EXAMPLE.
AND SO WHAT THAT MEANS IS, IS YOU DON'T HAVE TO GUESS.
THE PATIENTS DON'T HAVE TO GUESS WHICH, WHICH LOCATION TO GO TO.
DO I GO TO AN EMERGENCY ROOM? DO I GO TO AN URGENT CARE? IT COMES TO ONE LOCATION AND WE HELP THE PATIENT WITH AN ACUITY BASED TRIAGE SYSTEM THAT PUTS 'EM IN THAT RIGHT LOCATION.
SO THE VERY PATIENT FOCUSED, UH, IN THE WAY THAT WE'RE APPROACHING HEALTHCARE, WHICH SHOULD ULTIMATELY LOWER THE COST OF CARE BECAUSE ULTIMATELY THOSE WHO ERR ON THE SIDE OF A TRUE JUST ONLY EMERGENCY ROOM, THEY'RE GONNA EXPERIENCE ABOUT AN 1800 TO $2,000 DIFFERENCE IN A BILL WHEN THEY RECEIVED THAT BILLING BACK FROM THE HOSPITAL THAT THEY CHOSE VERSUS HAD THEY GONE TO AN URGENT CARE.
SO THE REASON THAT THERE'S SO MUCH CONFUSION ON ALL THE PRESENTATIONS, IS IT, IS IT AN EMERGENCY ROOM? IS IT AN URGENT CARE? WELL, IT'S BOTH, BUT IT'S DEFINITELY NOT A MEDICAL CLINIC BECAUSE MEDICAL CLINICS AREN'T OPEN 24 7 MEDICAL CLINICS DON'T STAFF WITH EMERGENCY ROOM TRAINED PHYSICIANS, BOARD CERTIFIED.
UH, THEY ALSO DON'T HAVE 24 7 CT SERVICES AND ULTRASOUND SERVICES AND MODERATELY COMPLEX LABS THAT CAN RUN LAB SERVICES FOR THESE PATIENTS.
AND SO, IN OUR OPINION, WHERE THE TOWN PUT US IN THOSE OTHER HEALTH SERVICES CATEGORY, THAT IS APPROPRIATELY LABELED, LABELED AS SUCH.
NOW TO ANSWER THE QUESTIONS TO OVERNIGHT BEDS, THERE ARE NO OVERNIGHT BEDS.
THERE ARE NO SURGICAL CAPABILITIES HERE.
SO WE WILL NOT BE OBSERVING PATIENTS OVERNIGHT.
THEY WILL NOT BE ADMITTED TO WHAT WE CALL IN HEALTHCARE AND ADMITTED OR OBSERVATION STATUS.
UM, WE WON'T HAVE SPECIALISTS ON CALL HERE THAT WILL COME IN AND PERFORM EMERGENCY SERVICE SERVICES OR SURGERY OVERNIGHT.
UM, THOSE PATIENTS ACTUALLY WILL, MOST LIKELY THOSE WHO NEED TO BE ADMITTED OR NEED EMERGENCY SURGERY WILL BE BYPASSED.
UH, THEY WILL BYPASS OUR FACILITY, WHICH BRINGS ME REALLY TO MS. SO CAN WE RECEIVE EMS TRANSPORT? THE ANSWER TO THAT IS YES.
NOW WHAT WE WILL NOT RECEIVE THIS
[01:00:01]
FACILITY IS WHAT WE CALL CODE THREE TRANSPORTS, WHICH ARE THOSE EMERGENCY LIFE SAVING TRANSPORTS.UH, THOSE WILL AUTOMATICALLY BYPASS THIS FACILITY BECAUSE EMS HILTON HEAD, FIRE AND RESCUE WILL BE ACUTELY AWARE OF WHAT CAPABILITIES WE HAVE.
AND ANYTHING SUCH AS CHEST PAIN, UH, THAT NEEDS EMERGENCY SURGERY, STROKE, BY WAY OF EXAMPLE, WOULD MOST LIKELY BYPASS US AND GO TO THE NEAREST HOSPITAL, UH, AND APPROPRIATELY.
SO, UH, WE WOULD RECEIVE LOWER LEVEL EMERGENCY ROOM, UH, EMS TRANSPORTS.
AND A LOT OF THOSE TRANSPORTS CAN ACTUALLY GO, UH, WITHOUT LIGHTS AND SIRENS.
'CAUSE THE NUMBER ONE QUESTION WE GET, WELL, WHAT ABOUT THE LIGHTS AND SIRENS? UH, WELL, THOSE LOWER LEVEL TRANSPORTS, A LOT OF TIMES THEY CAN GO WITHOUT SIRENS OR LIGHTS.
UH, MOST INTRA FACILITY TRANSPORTS, UH, BETWEEN ERS AND HOSPITALS OR HOSPITAL TO HOSPITALS DON'T RUN SIRENS BY WAY OF EXAMPLE.
THEY DON'T NEED TO UNLESS IT'S LIFESAVING OR LIFE THREATENING IN ORDER TO, UH, CLEAR AND MOVE TRAFFIC.
SO WHAT LIMITED AND LITTLE, UH, EMS TRAFFIC WE DO BELIEVE WE WOULD GET, UH, MOSTLY WOULD BE LOWER LEVEL, UH, AND WOULD NOT TYPICALLY RUN SIRENS AND, UH, AND, UH, LIGHTS IF THEY DO, UH, MOST OF THE TIME IT'S IN THE DISCRETION OF EMS TO TURN THOSE OFF WHEN APPROACHING A MEDICAL CARE FACILITY WITHIN 250 YARDS.
SO EVEN AT THE MEMORIAL HOSPITAL, MOST OF THE TIMES WE ACTUALLY DON'T RECEIVE EMS WITH SIRENS BLARING.
THEY DO THAT FOR THE COMFORT OF THE PATIENTS AT THE HOSPITAL, THE COMFORT OF THE SURROUNDING NEIGHBORHOODS, ET CETERA.
UH, WHEN THEY ARRIVE AND THEY'RE SO CLOSE TO THE FACILITY, THEY NORMALLY TURN THOSE SIRENS OFF AND WE'LL ENTER ONLY WITH LIGHTS.
AND SO, UH, WE'VE ANSWERED A LOT OF THOSE QUESTIONS AS WE PROPOSE THIS NEW AND UNIQUE FACILITY.
UH, YOU KNOW, ABOUT A YEAR AGO NOW, WHEN WE GOT ASKED, I SAID, WELL, TALK TO US ABOUT EMS ON THE PLUS SIDE FOR EMS. YOU KNOW, I HEAR ALL OVER AND OVER AGAIN HOW SHORT STAFFED A LOT OF THE FIRST RESPONDERS ARE AND HOW SHORT STAFFED EMS BEFORE COUNTY HILTON HAD FIRED ARE.
SO HAVING ANOTHER LOCATION TO OTHERWISE MAYBE DROP OFF A LOWER ACUITY PATIENT IS TO THE ADVANTAGE OF FIRST RESPONDERS IN EMS, BECAUSE WHAT THAT ALLOWS 'EM TO DO IS PUT THAT TRUCK, WHICH IS RESPONDING TO CALLS BACK IN SERVICE QUICKER SO THEY CAN BE MORE RESPONSIVE, UH, MORE AGILE AND MORE EFFECTIVE IN WHAT THEY DO WITHIN THE HILTON HEAD AREA BECAUSE THEY NOW HAVE A NEW LOCATION TO DROP PEOPLE OFF AT.
UM, SO WE THINK THAT WOULD ACTUALLY BE TO THEIR ADVANTAGE.
AND I'M NOT PUTTING WORDS IN HILTON HEAD, FIRE, EM'S MOUTH, BUT, UM, HAVING DONE HEALTHCARE ADMINISTRATION FOR 20 YEARS AND HOSPITAL ADMINISTRATION FOR 15, UM, MORE ACCESS FOR EMS IS A GOOD THING IN ORDER TO BE ABLE TO RESPOND QUICKER, UM, TO THOSE THAT NEED THEIR HELP.
UH, THE ONLY OTHER THING I WOULD POINT OUT, AND YOU KNOW, I THINK THIS HAS BEEN GOOD DISCUSSION AND I APPRECIATE, UH, THE TOWN'S RESPONSE, BUT, UH, UH, MR. CHRIS AND I, I WOULD AGREE WITH YOU, THE ONLY THING WE HAVE NOT HEARD AS WELL, UH, AT THIS POINT IS YOU KNOW, HOW THE PARTY IS AGGRIEVED.
UH, AND SO I THINK WE SPEAK TO THAT, UH, IN OUR LETTER THAT WE DON'T BELIEVE THAT THE PARTY HAS BEEN AGGRIEVED, UH, BY OUR PARTICULAR DEVELOPMENT OF THIS PROPERTY, OF THIS OTHER HEALTH SERVICES, WHICH IS THE FREESTANDING EMERGENCY DEPARTMENT, INERTIA CARE.
UM, SO WITH THAT, UH, I'LL OPEN IT UP TO QUESTIONS, UH, OR ANYTHING MAYBE THAT I LEFT OUT THAT I COULD ANSWER FOR THE BOARD.
TALK TO ME ABOUT YOUR, THE PRIMARY PATIENTS YOU'RE GONNA SEE.
I MEAN, I, I, I, I DON'T FORESEE SEEING SOMEONE WHO'S SUFFERING FROM A HEART ATTACK, UM, WHO NEEDS ANO ANOTHER SERVICE, WHO HAS A, A BROKEN BONE THAT WOULD NEED A, A, A, A REDUCTION IN OPERATING ROOM.
ARE THOSE THE TYPES OF SERVICES YOU'RE GONNA BE PERFORMING? NO, SIR.
A AGAIN, I THINK ANYONE, ESPECIALLY IF THEY'RE BEING BROUGHT BY EMS, UH, YOU KNOW, FOR THOSE PARTICULAR SERVICES, AND EMS DOES A VERY GOOD JOB AT TRIAGING IN THE FIELD, OBVIOUSLY.
UM, THEY'RE WELL-TRAINED, WELL QUALIFIED, AND THEY WILL IMMEDIATELY KNOW WHAT LOCATION A PATIENT WILL NEED TO GO TO BASED ON THE PRESENTING SYMPTOMS IN THE FIELD.
UH, SO ANYTHING THAT LOOKS TO NEED SURGICAL INTERVENTION, UH, CARDIAC CATHETERIZATION, UH, MAYBE, UH, NEUROSURGERY, UH, NEUROINTERVENTIONAL RADIOLOGY SUCH AS A STROKE, ANYTHING SUCH AS THAT NATURE WILL AUTOMATICALLY BYPASS.
UH, A FREE EMERGENCY DEPARTMENT WILL GO DIRECTLY TO A HOSPITAL.
OUR PATIENT POPULATION IS GOING TO BE OF THE LOWER ACUITIES SIDE.
UM, YOU KNOW, UN UNSPECIFIED BELLY PAIN, UH, BROKEN BONES.
UH, SOMEONE WHO NEEDS, UH, REHYDRATION BY WAY OF EXAMPLE, UH, DIAGNOSTIC CAPABILITIES, UH, SPRAINS, UH, YOU KNOW, MOSTLY ORTHOPEDIC IN NATURE.
UM, FLU COVID, UH, YOU KNOW, UH, RESPIRATORY IN NATURE.
UH, WORKERS' COMPENSATION WOULD BE SOMETHING ELSE WE WOULD SEE THERE.
A A LOT OF THOSE WOULD BE WALK-IN, WOULD THEY NOT RATHER THAN AN AMBULANCE TRANSPORT? YES, SIR.
UH, I MEAN, AGAIN, WE, WE FIND IF, UNLESS WE BELIEVE THE VOLUMES HERE, YOU KNOW, WOULD APPROACH MAYBE 50 TO 60 A DAY, UH, IN A 24 HOUR PERIOD.
SO YOU CAN, YOU CAN KIND OF SEE THE, UH, THE NUMBER OF PATIENTS WE'D EXPECT TO SEE IN A 24 HOUR PERIOD.
UH, OF THOSE, I WOULD, I WOULD SUSPECT VERY FEW OF THOSE WOULD ARRIVE VIA EMS. MOST OF 'EM BE BY PERSONAL VEHICLE OR WALK-IN.
WHAT ABOUT PSYCHIATRIC AND DRUG OVERDOSES? UH, WE,
[01:05:01]
WE WOULD BE ABLE TO SEE PSYCHIATRIC PATIENTS.UM, NOW WE HAVE A, THE ONLY PSYCHIATRIC HOSPITAL, UH, IN THE COUNTY AT MEMORIAL HOSPITAL.
SO IF SOMEONE WERE TO ARRIVE IN A PSYCHIATRIC, UH, CRISIS, THEY WOULD MOST LIKELY BE TRANSPORTED TO MEMORIAL HOSPITAL, WHICH WOULD BE THE INTENT.
UM, DRUG OVERDOSES, UH, WE COULD, WE WOULD PROBABLY TREAT, STABILIZE AND SHIP OUT TO AN APPROPRIATE FACILITY.
AND, AND JUST, JUST A COMMENT TO YOUR NOTE ABOUT THE AMBULANCES, YOU KNOW, TURNING OFF THEIR LIGHTS AND SIRENS.
UM, THE PROPERTY THAT I MANAGE BACKS TO HILTON HEAD HOSPITAL AND TO THE EMERGENCY ROOM AT WILTON HEAD HOSPITAL, AND THEY TURN OFF THEY SIRENS AS SOON AS THEY HIT THAT MAIN DRAG COMING IN.
I'VE NEVER RECEIVED A COMPLAINT ABOUT, YOU KNOW, AN AN, AN AMBULANCE, YOU KNOW, DISTURBING THE RESIDENTIAL CHARACTER OF THE COMMUNITY.
AND THEY, THEY DO THE SAME VIEW FOR MEMORIAL WHEN THEY'RE COMING DOWN REBO ROAD WITHIN ABOUT 250 YARDS BY TCL.
THEY'RE TURNING OFF THEIR SIRENS AND APPROACHING ONLY BY LIGHTS AT THAT POINT.
FOR NOW, WHEN AN AMBULANCE BRINGS A PATIENT, IS THERE A SPEC, WILL THERE BE A SPECIFIC ENTRANCEWAY, OR WILL IT BE THE FRONT ENTRANCE THAT THEY COME TO? UH, THERE ARE, THERE ARE TWO ENTRANCES.
ONE OFF DUNNING GOES OUT ALLEY AND ONE OFF OF WILLIAM HILL PARKWAY, AND THE AMBULANCE ENTRANCE IS ON THE BACK.
SO THAT WOULD BE OFF OF, UH, DUNNING'S ALLEY.
UH, THEY COULD ARRIVE VIA EITHER WAY, OBVIOUSLY, WHERE WHEREVER EMS IS APPROACHING, THEY, THEY'LL ENTER, UM, AND THEY COULD ARRIVE AT THE BACK, THE FACILITY WHERE THE EMS ENTRANCE WOULD BE.
UM, THEY WOULD ARRIVE THERE AND BACK UP TO SET INTEREST.
BUT, YOU KNOW, I WOULD SUSPECT THAT, UM, THAT AGAIN WOULD BE FAR AND FEW IN BETWEEN AND, AND WE MAY GET A FEW THAT WOULD TRANSPORT OUT AS WELL.
A PSYCHIATRIC PATIENT BY WAY OF EXAMPLE, OR, OR SOMEONE ELSE THAT MAYBE ARRIVES, UH, AND NEEDS A HIGHER LEVEL OF CARE, AND THEY WOULD TRANSPORT THE PATIENT FROM THAT SAME INTEREST AT THE BACK OF THE FACILITY.
AND IN TERMS OF THE IMAGING SERVICES, W WOULD A PATIENT, COULD A PATIENT COME IN AND JUST REQUEST IMAGING SERVICES? OR IS THAT TANGENTIAL TO WHATEVER THE INJURY OR A PROBLEM THAT THE PATIENT HAS? IT WOULD BE TANGENTIAL TO THE, TO THE INJURY.
THEY WOULD, THIS WOULD NOT BE, UH, AN INDEPENDENT DIAGNOSTIC TESTING FACILITY.
SO IT WOULD BE TANGENTIAL TO EITHER THE URGENT CARE VISIT OR THE EMERGENCY ROOM VISIT? YES, SIR.
I JUST, YOU HAD MENTIONED THAT 50 OR 60 TRIPS PER DAY.
IS THAT WHAT YOU ANTICIPATE FOR AMBULANCE? NO, JUST THAT'S TOTAL VISITS PER DAY.
I, YOU KNOW, OUT OF THOSE I TWO OR THREE WOULD BE AMBULANCE, IN MY OPINION.
UH, MAYBE, BUT WE, WE, WE WOULD EXPECT 50 TO 60 PATIENTS PER DAY.
MOST OF THOSE BEING BY PERSONAL VEHICLE OR WALK-IN, AND THEN TWO TO THREE TO FIVE AMBULANCES PER DAY IS WHAT YOU WOULD ANTICIPATE MAYBE THAT, THAT, THAT, THAT WOULD BE ON A BUSY DAY.
UM, HAS THE HOSPITAL BEFORD, UH, MEMORIAL HOSPITAL BEEN CONSISTENT, UH, IN THE INFORMATION PROVIDED, BOTH IN WRITING AND ORALLY, UH, WHEN THIS MATTER HAS BEEN PREVIOUSLY CONSIDERED, UH, BY THE DESIGN REVIEW BOARD, FOR EXAMPLE? AS FAR AS I KNOW WE HAVE, YES, MA'AM.
HAVE WE BEEN CONSISTENT IN OUR POSITIONING OF, OF WHAT THIS FACILITY REPRESENTS EXACTLY, YES, MA'AM.
SO THAT, THAT HAS BEEN KNOWN FROM THE VERY FIRST TIME, UH, THAT YOU MADE A FILING WITH THE COUNTY? YES, MA'AM.
WHICH IS WHY WE, WE STOPPED VERY EARLY UPON ACQUISITION OF THE PROPERTY TO GET THE, UH, TOWNS LETTER CONFIRMING THE USE.
ANYTHING ELSE? HOW DO YOU CONTROL PEOPLE FROM, EXCUSE ME, MADAM CHAIR? I DO HAVE A QUESTION.
HOW DO YOU CONTROL IN THESE CIRCUMSTANCES, PEOPLE NOT SPENDING OVERNIGHT IF THEY NEED THE ATTENTION? I MEAN, THEY SAY THERE'S NO BEDS, BUT YOU DON'T THROW SOMEBODY OUT IF THERE'S NOT SERVICED
I MEAN, WE WOULD OBVIOUSLY, IF THERE WERE NO CAPACITY, AND, AND THAT IS VERY RARE.
BUT, UH, UH, ONE, ONE THING TO NOTE IS THAT WE ARE BUILDING OUR NEW BLUFFTON HOSPITAL, UH, WHICH WILL ADD ADDITIONAL BEDS TO THE COUNTY.
SO TODAY, IF THIS WERE BUILT TODAY IN THE RARE OCCURRENCE THAT, UH, THE PATIENT COULD NOT BE TRANSPORTED TO, SAY BE MEMORIAL OR HILTON HEAD OR ANY OTHER, WE WOULD CONTINUE TO TREAT THEM.
WE WOULDN'T HAVE PUT THEM OUT, OBVIOUSLY, AND WE WOULD SEARCH FOR A FACILITY ACROSS THE STATE THAT OTHERWISE COULD TAKE THAT PATIENT MM-HMM
UM, BUT AGAIN, I, I DO THINK THAT WOULD BE RARE, UH, IN TODAY'S WORLD.
AND, UH, WHEN THIS FACILITY IS BUILT, UH, THAT WILL BE GOOD TIMING BECAUSE WE'LL BE OPENING UP OUR NEW HOSPITAL IN BLUFFTON AS WELL, WHICH WILL ADD BEDS TO THE COUNTY.
UM, SO I WOULD SEE, SAY THAT WOULD BE EVEN LESS, UH, OF A POSSIBILITY WHEN THIS FACILITY IS CONSTRUCTED.
ANYONE WHO WOULD BE IN A BED WEIGHTED STATUS, IF YOU WILL.
MR. KUBE, DO YOU HAVE, UH, ANY REBUTTAL? UH, YES.
I WOULD LIKE TO, FIRST, I'D LIKE TO HAVE MR. RAMNEY COME APPROACH AND TALK ABOUT
[01:10:01]
HIS, UH, STATUS AS THE OWNER SURE.AND HOW HE HAS SUFFERED HARM BECAUSE OF THIS FIVE MINUTE TIME LIMIT.
I WOULD ALSO LIKE TO HAVE ONE MINUTE AT THE END TO WRAP UP.
HELLO AGAIN, AGAIN, MY NAME IS DAVID LANY.
I HEARD MENTION OF THE INTERNET, AND I'LL TALK ABOUT THAT IN A SECOND.
BUT WHEN WE PURCHASED THE PROPERTY, WE NEVER, I MEAN, IT WAS LISTED AS LIGHT COMMERCIAL INTENSITY IN, IN EVALUATING THE PURCHASE OF THE PROPERTY AND THE PURPOSES OF OUR USE.
WE NEVER EXPECTED THIS, SOMETHING LIKE THIS AT ALL.
AND I CAN TELL YOU THAT, UH, YOU'RE FAMILIAR WITH THE PROPERTY.
IF YOU ARE, WE HAVE A, UM, VERY ANGUISHED TENANT IN THAT WE WILL BE HAVING AMBULANCES COMING.
DISAGREE OR AGREE WITH WHAT YOU'VE HEARD TODAY THAT WILL OCCUR.
WE BELIEVE IN A MUCH GREATER DEGREE IN BUYING THE PROPERTY.
WE SAW WHAT'S CALLED THE PATHWAY TO THE OCEAN THAT'S NOT FILLED WITH HOSPITALS, URGENT CARE CENTERS THAT'S FILLED WITH SERVICES, RESTAURANTS LIKE COMMERCIAL AS WAS IDENTIFIED.
WHAT'S CURRENTLY GOING ON? I HAVE A SURVEY IN, IN MY OFFICE, CURRENT, I'D ASK YOU TO HAVE THE CONTRACTOR REMOVE HIS FENCE FROM OUR PROPERTY.
I HAVE NOT IN INVOLVED MYSELF WITH THE CONTRACTOR.
THEY STOPPED THE CUTTING OF A CERTAIN TREE.
WE JUST HAD BECOME MADE AWARE OF AN APPROVED PLAN, WHICH WE HAD NO KNOWLEDGE OF.
NOW, TO GO BACK TO THE NETWORK, WE WERE NEVER IDENTIFIED OR CONTACTED REGARDING THIS PROJECT.
WHEN I HEARD ABOUT THIS PROJECT, I CAME TO THE TOWN HALL, BRIAN EBERT, AND FORGIVE ME, CHRIS, I ASKED FOR MICHAEL CONNOLLY FOR EBERT, AND CHRIS MET ME IN THE HALLWAY.
I HEARD, AS I STATED TO BOTH FELLOWS, THIS PROJECT WAS APPROVED.
WE DIDN'T GET NOTICE, SO I DON'T HAVE THE MEANS OF PUTTING MY ARGUMENTS IN FRONT OF THE BOARD.
THEY SAID, NO, IT IS NOT APPROVED.
IT IS NOT, IT'S GOING THROUGH THE CHA DIFFERENT CHANNELS.
AND THAT IS HOW THAT OCCURRED.
WELL, CURRENTLY, UM, THEY'RE PUTTING A DRIVEWAY INTO OUR DRIVEWAY.
WE HAD NO KNOWLEDGE OF THAT, NOR DO THEY HAVE THE RIGHT TO DO THAT.
THE CONTRACTOR SAID, WELL, YEAH, HERE'S A COPY OF THE APPROVED PLAN.
AND IF YOU LOOK AT IT, IT'S A DRIVEWAY CLEARLY INTO OUR DRIVEWAY.
I DON'T KNOW WHY OR HOW THAT WOULD BE APPROVED.
THEY HAVE THEIR DEMOLITION TAPES AROUND.
I'M NOT AN ARBORIST, BUT A 200 YEAR OLD OAK TREE THAT IS LEANING OVER VERY NICELY.
HOW CAN THEY POSSIBLY CUT THAT DOWN? SO MY WIFE CAME TO THE TOWN HALL.
YOU SENT OUT A NICE YOUNG LADY, FORGIVE ME, I FORGET HER NAME.
SHE SAID, THEY'RE NOT CUTTING THAT TREE DOWN.
BUT CURRENTLY, UH, THIS MORNING WE HAVE FIVE BROKEN, NO EXAGGERATED, THREE BROKEN IRRIGATION LINES.
OUR CONTRACTORS COMING IN TO REPAIR 'EM.
AND WHEN YOU LOOK AT THE IRRIGATION LINES, IT'S BECAUSE OF THEIR CONSTRUCTION FENCE, SHEARED THEM OFF.
GRANTED, THEY'RE ONLY PVC, BUT THAT'S BY NORMAL DESIGN.
SO I, THEY'VE CUT OUR TREES DOWN.
WHEN WE HAD OUR LANDSCAPE DRAWINGS APPROVED, WE HAD TO KEEP CERTAIN TREES BETWEEN WHAT WE CALL GOODWILL PROPERTY AND OUR PROPERTY.
I ASK YOU, I WILL COMPARE OUR DRAWINGS TO WHAT THEY HAVE DONE.
AND AT THE TIME, IF YOU TAKE A TREE DOWN, YOU'VE GOTTA PUT BACK A TREE.
AND WE, WE LIVED BY THAT AS WELL.
SO THERE ARE PROBLEMS THAT ARE GOING ON, AND THAT I COME TO YOU AND SAY, I DON'T BELIEVE WE WERE NOTIFIED.
AND IF I HAD, I WOULD'VE BEEN HERE STANDING IN FRONT OF YOU WITH MY COMPLAINTS MUCH BEFORE.
NOW I CAN TELL YOU THAT IT IS NOT THE PIECE THAT WE LOOK FOR IN OPERATING
[01:15:02]
EXOTIC CAR STORAGE, INDOOR OUTDOOR RESTAURANT BREWERY.AND, AND AS ED STATED, IT'S NOT THE PEACE AND COMFORT WE'RE LOOKING FOR.
AND WE TRULY DO BELIEVE YOU'RE VIOLATING THE RULES BY ACCEPTING THIS BUILDING AND USE.
I JUST WANNA GO BACK TO, UH, UH, A COUPLE THINGS THAT WERE MENTIONED.
THERE'S, THERE'S NO DEBATE THAT THIS, THIS FACILITY IS GOING TO BE USED FOR EMERGENCY SERVICES.
I THINK THAT WAS ASKED OF EARLIER, AND IT IT'S UNQUESTIONED THAT IT IS.
UM, ALSO, UH, THERE WAS A REFERENCE TO THE MAIN STREET.
I DON'T WANNA GET, I WANNA GET BACK TO THE INTENT, THE INTENT BEHIND LIGHT COMMERCIAL DISTRICT.
AND WHAT ITS PURPOSE IS, AGAIN, IT'S LIGHT COMMERCIAL USES, UM, WITH, UM, UM, WITH NOT HOSPITALS.
YOU HAVE A, YOU HAVE A MEDICAL ZONE AND IT'S PART OF THE MAIN STREET AREA.
THE, THE WHOLE COMPREHENSIVE PLAN FOR OUR COMMUNITY AND THE SPIRIT OF THOSE WHO DEVELOPED THIS ISLAND WAS NOT TO HAVE THESE TYPES OF FACILITIES SPREAD ALL ACROSS THE ISLAND.
AND THAT'S WHY WE, OUR COMPREHENSIVE PLAN IN OUR ZONING ORDINANCE HAS A HOSPITAL ZONE.
THEY DON'T BELONG IN A LIGHT COMMERCIAL DISTRICT.
AND AGAIN, WE BELIEVE THAT THE TOWN'S INTERPRETATION IS, IS NOT SUBSTANTIATED.
HE JUST GAVE YOU INSTANCES OF HOW HE'S AGREED, PLUS THE ADDITION THAT THE TOWN IS CLAIMING THAT THEY HAVE A VESTED RIGHT NOW.
WELL, THAT VESTED RIGHT TO PRO MY, MY CLIENT OF A PROPERTY INTEREST BECAUSE HE HAD AN EXPECTATION THAT PROPERTY NEVER CHANGED.
AND THEY'RE CLAIMING THEY HAVE A VESTED INTEREST IN CHANGING IT.
SO HE'S A GRIEVING THAT WAY TOO.
SO WE APPROPRIATELY, RESPECTFULLY REQUEST THAT THE, THE TOWN, UH, UH, EXAMINE THIS, THAT THE BOARD EXAMINE THIS AND THAT THE DECIDE THAT THE, THIS WARRANT'S REVERSAL BASED ON THE JUDGMENT STANDARD SET FORTH IN THE LMO.
AND WE THANK YOU FOR YOUR TIME AND COOPERATION ON THIS.
ANY ANY OTHER QUESTIONS FOR ME IN THAT REGARD? NO, NO QUESTIONS.
THIS IS THE REPUBLIC TIME FOR PERIOD FOR THE STAFF.
AGAIN, MADAM CHAIR, MEMBERS OF THE BOARD, UH, JUST A COUPLE OF ITEMS, UH, TO REITERATE.
UM, FIRST OF ALL, MR. LAMANZI, HE, HE IDENTIFIED A NUMBER OF ISSUES THAT ARE HAPPENING ON THE SITE THAT ARE UNRELATED TO THE APPEAL.
UH, THEY'RE RELATED TO THIS USE ISSUE.
UH, I HEAR THE, THE, THE COMMENTS HE'S PROVIDED, I CAN WORK WITH, I'LL HAVE STAFF WORK WITH HIM ON THOSE, THOSE SEPARATE ISSUES.
BUT THOSE ARE, THOSE ARE NOT RELATED TO THE, THE, THE MATTER THAT WE'RE, WE'RE HERE IN FRONT OF YOU TODAY FOR, UH, WHICH IS REGARDING THE INTERPRETATION OF, OF THE USE.
UM, THERE'S ALSO A QUESTION ABOUT NOTICE AND, UH, WHETHER OR NOT, UH, THE PROPERTY OWNER WAS MADE AWARE THAT THESE PLANS WERE, WERE, WERE BEING PROVIDED TO THE TOWN FOR REVIEW AND COMMENT.
UM, AND I'VE, I'VE DESCRIBED THAT PROCESS ALREADY AS PART OF PREVIOUS COMMENTS, BUT I'LL JUST ALSO ADD THAT ALL NOTICE THAT WAS PROVIDED REGARDING THOSE APPLICATIONS WAS PROVIDED IN ACCORDANCE WITH THE LAND MANAGEMENT ORDINANCE.
SO EVERYTHING THAT THE TOWN IS REQUIRED TO DO, UH, THEY HAD SATISFIED THAT REQUIREMENT IN REVIEWING THOSE APP, TAKING THOSE APPLICATIONS IN, PUTTING THOSE APPLICATIONS FOR STAFF REVIEW OR PUTTING THOSE APPLICATIONS UP FOR DESIGN REVIEW BOARD.
SO THAT'S AN IMPORTANT NOTE THAT WE TOWN IS SATISFIED ALL THE, THE RESPONSIBILITIES OR REQUIREMENTS FOR, FOR PUBLIC NOTICE.
UM, THE, THE OTHER THING I'LL JUST, I'LL GO BACK TO, UH, 'CAUSE THIS WAS, THIS WAS RAISED ABOUT STAFF'S REVIEW OF WHAT AN AGGRIEVE PERSON IS.
IF YOU LOOK AT THE STATUTE, THAT SECTION 16 DASH TWO DASH 1 0 3 DASH T TWO, THAT IS LAYING OUT THE REQUIREMENTS FOR THE BOARD TO LOOK AT AND WHETHER OR NOT A PERSON IS AGREEING NOT FOR TOWN STAFF TO MAKE THAT DECISION.
TOWN STAFF MADE THE INTERPRETATION, WHETHER OR NOT THAT PERSON IS AGGRIEVED IS A DECISION THAT THE BOARD CAN AND SHOULD CONSIDER.
UM, AND THAT'S, LET ME GO BACK TO THAT DEFINITION.
UH, ANY PERSON AGGRIEVE BY THE DECISION OR INTERPRETATION WHO ALLEGES THAT THE OFFICIAL ERRED AND MAKE A DECISION MAY FILE AN APPEAL, A PERSON IS AGGRIEVED.
IF THERE IS SOME SPECIAL OR PARTICULARIZED INJURY TO THAT PERSON OR THAT PERSON'S PROPERTY RESULTING FROM THE DECISION OR WRITTEN INTERPRETATION, THAT INFORMATION WASN'T PROVIDED IN THE PACKET.
YOU HEARD ABOUT SOME OF IT TODAY.
SO THAT, BUT THAT'S A DECISION POINT THAT THAT STAFF DID NOT MAKE A DECISION ON WHETHER OR NOT THIS WAS AN AGGRIEVED APPLICATION.
WE RECEIVED AN APPLICATION, WE PUT IT IN FRONT OF THE BZA FOR CONSIDERATION, AND THAT'S WHY WE'RE HERE TODAY.
SO WITH THAT, I DON'T HAVE ANYTHING ELSE TO ADD.
UM, BUT CERTAINLY IF THERE'S OTHER OTHER QUESTIONS I CAN FOLLOW UP.
[01:20:01]
A DETERMINATION THAT THIS IS NOT A, A MEDICAL CLINIC, CORRECT? IT IT'S AFFILIATED WITH BUFORD MEMORIAL HOSPITAL.WOULD YOU CONSIDER IT TO BE AN ANNEX OR A, A OFFSITE EXTENSION OF THE HOSPITAL IN ANY WAY? I DON'T WANT TO MIX THINGS BECAUSE IT, IS IT PART OF THE HOSPITAL'S ORGANIZATIONAL STRUCTURE? YES.
BUT I LOOKED SPECIFICALLY AT WHAT IS THE DEFINITION OF THE USE AND IN THE DEFINITION OF THE USE, THIS IS SOMETHING THAT'S, THAT'S, THAT'S NOT A MEDICAL CLINIC.
IT'S SOMETHING THAT'S MORE THAN A MEDICAL CLINIC.
UM, AND THAT'S WHERE WE HAVE THIS, THIS CATEGORY OF OTHER HEALTH SERVICE USES.
AND THAT'S WHERE, IN OUR OPINION, MY OPINION, THIS IS WHERE THE SQUARELY FALLS IS IN THAT, THAT OTHER HEALTH SERVICES DEFINITION THAT'S PROVIDED REGARDLESS OF WHETHER OR NOT IT'S PART OF A HOSPITAL NETWORK OR IT'S NOT, OR IT'S JUST A STANDALONE GROUP OF DOCTORS THAT'S PROVIDING URGENT CARE.
WHAT MATTERS IS, IS, IS HOW ARE THEY UTILIZING THE PROPERTY? AND THAT'S, THAT'S WHERE WE, WE COME BACK TO THE OTHER HEALTH SERVICES.
AND, UH, ANOTHER QUESTION, THE, IN THE, THE LAWYER FOR THE APPELLANT, UH, MENTIONED THE INTENT OF THE LIGHT COMMERCIAL ZONING ZONED AREA.
SO THE STAFF'S POSITION IS THAT THIS FACILITY COMPORTS WITH THE INTENT OF HAVING A LIGHT COMMERCIAL AREA? I DO, YES.
I THINK THE DEFINITION OF OTHER HEALTH SERVICES HELPS US, HELPS PROVIDE THAT, THAT THAT QUALIFICATION BECAUSE IT'S, IT'S NOT A HOSPITAL, IT'S NOT A NURSING HOME.
THOSE ARE HIGHER INTENSITY USES.
SO IN THE DEFINITION ITSELF, IT'S, IT'S ALREADY PULLING BACK AND SAYING THAT WHAT, PUTTING SOME RESTRICTION ON THIS USE, AND THIS IS ALSO THE SAME DISTRICT THAT ALLOWS BARS AND RESTAURANTS THAT CAN BE OPEN, UH, LATE AT NIGHT WITH MUSIC OUTDOORS.
ACTUALLY, THAT'S WHAT'S HAPPENING NEXT DOOR.
IT ALLOWS CERTAIN, UM, NOW THERE'S SOME CONDITIONS THAT ARE ASSOCIATED, BUT ALLOWS AUTOMOTIVE REPAIR ALLOWS A WHOLE BUNCH OF OTHER USES THAT ARE, THAT ARE, UM, THAT ARE WITHIN THAT BUCKET AS WELL.
SO AUTO REPAIR, BUT NOT PEOPLE REPAIR.
SO IF I UNDERSTAND IT, SEAN, WHAT, UH, PART OF WHAT YOUR, YOUR ANALYSIS INVOLVES IS TAKING A LOOK AT THE FACTS AS YOU CAN DETERMINE THEM AND, AND, AND AS MADE AVAILABLE TO YOU BY THE, THE PARTIES AND, AND THE SUBMISSIONS THAT, UH, THAT THE BEAUFORT COUNTY, UH, BEAUFORT MEMORIAL MADE, UH, IN THE, AND THEN YOU HAVE TO TAKE A LOOK AT THE DEFINITIONS THAT ARE IN THE ZONING ORDINANCE.
NOT A DEFINITION THAT A LAY PERSON, UH, LIKE ME MIGHT ASSIGN, BUT ONE THAT ACTUALLY FITS WITHIN THE FRAMEWORK OF THE ORDINANCE ITSELF.
IS THAT CORRECT? THAT'S CORRECT, YEAH.
ANY QUESTIONS, SEAN, SINCE THIS WAS DETERMINED TO BE A BY RIGHT USE, AM I CORRECT? THAT IS CORRECT.
IT WOULDN'T BE ANY OBLIGATION TO NOTIFY THE ADJACENT PROPERTY OWNERS OF THAT DECISION? OR, OR, OR IF IF SOMEONE CAME IN AND SAID, I'M GONNA DO, I'M GONNA BUILD SOMETHING THAT IS ALLOWED UNDER THAT ZONING? NO.
I MEAN, IT'S ONLY WHEN SOMEONE SEEKS A ZONING CHANGE THAT THEY'RE NOTIFIED AND THERE'S A HEARING AND SO ON AND SO FORTH.
ZONING CHANGE, ZONING VARIANCE, THOSE TYPES OF THINGS WOULD YES.
REQUIRE AND ADDITIONAL NOTICE.
THIS, THIS COMPLIES WITH SITUATIONS EXIST IN THIS PARTICULAR PROPERTY? NO, BECAUSE IT WAS A BUYRIGHT ZONING.
UH, IT WAS, THERE WEREN'T ANY OTHER NOTICES REQUIRED OR ANY ADDITIONAL APPROVALS THAT REQUIRED THAT WERE, WERE RESULT IN NOTICE.
SO THE, THE, THE LEN'S ARGUMENT IS THIS WAS NOT A BUYRIGHT USE.
I DON'T WANT YES, YOU, THAT'S MY INTERPRETATION.
YEAH, THAT'S ALL I HAVE, MADAM CHAIR.
ANY OTHER QUESTIONS? THANK YOU VERY MUCH, SEAN.
WITH THAT THEN, WE'LL, WE'LL, UH, CLOSE THE PART OF THE HEARING THAT RELATES TO PRESENTATIONS AND MOVE TO THE BOARD'S, UH, CONSIDERATION OF THE ISSUE.
AND IN DOING SO, LET ME JUST, UH, REFER YOU TO THE PROPOSED, UM, FINDINGS OF FACT AND CONCLUSIONS OF LAW THAT ARE SET FORTH IN YOUR PACKET, WHICH AS HAS BEEN POINTED OUT, DOES NOT INCLUDE ANYTHING ABOUT, UM, WHETHER OR NOT THIS APPELLANT IS AN AGGRIEVED PARTY.
SO I WANNA MAKE SURE THAT THAT DISTINCTION IS MADE.
IF, IF YOU DON'T LIKE THE, UH, MOTION THAT HAS BEEN, UM, OR PARDON ME, THE, THE DECISION THAT HAS BEEN, UM, RECOMMENDED BY STAFF, UH,
[01:25:02]
TO THE EXTENT THAT THAT IS OMITTED, THEN SOMEONE WOULD HAVE TO ASK, UM, TO AMEND WHAT THE STAFF HAS PROPOSED.AND WITH THAT, UM, IS THERE A MOTION TO BE MADE AT THIS POINT? MADAM CHAIR, COULD YOU REVIEW THE OPTIONS THAT THIS BODY HAS IN ADDRESSING THIS ISSUE? SURE.
I THINK THERE ARE, ARE A COUPLE OF WAYS WE CAN GO, IF YOU WOULD GO OVER THOSE FOR SURE.
OUR EDIFICATION AND FOR THOSE IN THE AUDIENCE AS WELL.
UM, THIS OF COURSE IS ALSO INCLUDED IN OUR PACKET.
UM, AND BASICALLY, UH, THE BOARD CAN HEAR AND DECIDE APPEALS WHERE IT IS ALLEGED THAT THERE IS AN ERROR IN AN ORDER REQUIREMENT DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF THE ZONING ORDINANCE.
UH, THE DECISIONS SHALL BE BASED SOLELY ON THE RECORD OF THE APPEAL, AS SUPPLEMENTED BY THE ARGUMENTS, UH, AND INFORMATION PRESENTED AT THE HEARING.
AND THE STANDARDS IN LMO SECTION 16 DASH TWO DASH 1 0 3, UH, PERIOD T PERIOD FIVE, THE BOARD OF ZONING APPEALS MAY AFFIRM THE DECISION, UH, OR INTERPRETATION IN WHOLE OR PART OR MAY MODIFY THE DECISION OR INTERPRETATION IN WHOLE OR IN PART MAY REVERSE THE DECISION OR INTERPRETATION IN WHOLE OR IN PART AS DESCRIBED IN LMO SECTION 16 DASH TWO DASH 1 0 3, PERIOD T, UH, PERIOD FOUR, PERIOD D.
UH, SO, UH, WE WILL ISSUE A WRITTEN DECISION SUBSEQUENT TO THE HEARING, UH, BUT AT THIS POINT, THE BOARD MAY AFFIRM, MAY MODIFY OR REVERSE A DECISION OR INTERPRETATION.
AND WE MUST ALSO INCLUDE, UH, FINDINGS OF FACT AND CONCLUSIONS OF LAW, UH, IN THE MOTION.
UH, SO, UM, AND I, I GUESS WE NEED A MOTION ON THE TABLE IN ORDER TO DISCUSS IT.
I'LL MOVE THAT WE UPHOLD THE STAFF DECISION BASED ON THE FINDINGS AND FACTS AND CONCLUSIONS LONG PRESENTED IN OUR PACKET.
IS THERE A SECOND? SECOND? UH, AND WITH THAT SECOND, I'LL OPEN IT UP FOR DISCUSSION IF THERE IS ANY.
UH, DO MEMBERS OF THE PUBLIC WHO ARE HERE HAVE A RIGHT TO NO, THEY DON'T.
ANY DISCUSSION THEN I'LL ASK FOR THE VOTE.
MR. CHRISTIAN, FOR THE MOTION.
I'M TAKING OVER STEPH'S JOB HERE NOW, I THINK DOESN'T MEAN TO DO THAT.
YES, MR. CHRISTIAN, FOR THE MOTION.
DIDN'T MEAN TO TAKE OVER YOUR JOB.
UH, SO, UH, WITH THAT, THE DECISION HAS BEEN AFFIRMED AND THE, UH, UM, WRITTEN DECISION WILL CONTAIN THE FINDINGS OF FACT AND CONCLUSIONS OF LAW THAT ARE SET FORTH IN THE STAFF RECOMMENDATION.
NOW THE FLOOR IS OPEN FOR PUBLIC COMMENT ON ANY SUBJECT OTHER THAN THE APPEAL, UH, BY THE PUBLIC.
ARE THERE ANY COMMENTS TO BE MADE AS MS FEE MAKES HER WAY BACK TO HER CHAIR? ALL RIGHT.
WE ALSO HAVE, UM, A SCHEDULE, MEETING SCHEDULE, AND I'VE SKIPPED OVER THAT AND I DIDN'T MEAN TO, UH, BUT WE HAVE A PROPOSED MEETING SCHEDULE THAT WAS, UM, PROVIDED TO US AS PART OF OUR PACKET.
ANY OBJECTIONS TO THAT SCHEDULE? WHAT PAGE IS IT ON? UM, IT'S A SINGLE PAGE.
THIS ONE? THE LAST ONE, LAST PAGE.
IF THERE AREN'T ANY OBJECTIONS, UM, I'LL ENTERTAIN MOTION.
I'LL MAKE A MOTION TO APPROVE THE MEETING DATES PROPOSED FOR 2026.
SECOND, MR. CHRISTIAN, SECONDED.
[01:30:03]
I DON'T THINK THERE IS ANY OTHER BOARD BUSINESS THAT NEEDS TO BE DISCUSSED AT THIS TIME.ARE THERE ANY MADAM CHAIR? I, I'D LIKE TO BRING SOMETHING UP.
THE, UH, TOWN HAS EMBARKED ON A LMO REWRITE AND AN LMO REWRITE COMMITTEE IS BEING ASSEMBLED.
AND I TOOK NOTE OF THE FACT THAT THERE WAS REPRESENTATION FROM THE PLANNING COMMISSION AND VARIOUS OTHER BOARDS AND ORGANIZATIONS WITHIN THE TOWN.
HOWEVER, I THINK THE MOST IMPORTANT AND THE MOST SALIENT POINTS OF AN LMO REWRITE WOULD COME FROM THIS BODY BECAUSE WE HEAR ALL OF THE ISSUES THAT COME UP THAT ARE PROBLEMS OR COULD BE PROBLEMATIC WITH THE, WITH THE LMO, YET NO ONE FROM THE BZA WAS IDENTIFIED AS BEING AN AUTOMATIC MEMBER OF THAT BODY.
AND I WOULD WOULD LIKE THIS BODY TO, YOU KNOW, REQUEST THAT WE HAVE A, THE CHAIR OR THE VICE CHAIR HAVE A SEAT ON THAT COMMITTEE AND MAYBE SEAN CAN, CAN SHED SOME LIGHT ON WHY WE WERE ADMITTED LONG RED HEADED.
SO IT WASN'T, IT WASN'T ABOUT YOU ALL PERSONALLY, IT WAS REALLY ABOUT THE FACT THAT THE BZA RENDERS JUDGMENTS ON THE CODE ITSELF.
YES, YOU HAVE, YOU GET TO HEAR A LOT OF THE, I GUESS KIND OF SOMETIMES THE WORST OF THE WORST.
UM, THE TOUGH SITUATIONS THAT WE HAVE TO DEAL WITH WHEN WE'RE, WHEN WE'RE LOOKING AT OUR CODE, BUT YOU ALL MAY, YOU ALL RENDER DECISIONS ON THE CODE AND SO IT, IT, IT TYPICALLY IN THE PROCESS THAT I'VE BEEN INVOLVED WITH, UH, THE BZA IS NOT INVOLVED IN THE WRITING OF THE CODE ITSELF.
UM, CERTAINLY IF YOU ALL HAVE COLLECTIVE INPUT YOU'D LIKE TO GIVE US, HEY SEAN, AS WE'VE LOOKED AT CASES OVER THE YEARS, HERE'S SOME THINGS THAT WE WOULD, WE WOULD SUGGEST THAT YOU, YOU ALL LOOK AT.
I'M HAPPY TO TAKE THAT, UM, AND PASS THAT OVER TO THE, TO THE TASK FORCE.
BUT IT'S, IT, IT REALLY IS JUST KIND OF A LITTLE BIT OF A SEPARATION OF YOU ALL MAKE THE DEC YOU, WE'LL WRITE THE CODE, YOU ALL, Y'ALL AND, UH, MAKE THE JUDGEMENTS ON IT.
SEAN, I SPENT SEVEN YEARS ON THE PLANNING COMMISSION.
I'M PROBABLY GOING ON 14 OR 15 YEARS ON THIS BODY.
AND THERE ISN'T ANY OTHER BODY THAT HAS MADE MORE RECOMMENDATIONS ON LMO CHANGES PUSHING IT UP TO THE PLANNING COMMISSION THAN THIS BODY.
AND IT JUST SEEMS, I KNOW THAT WE ENFORCE THE LAW, BUT IF WE KNOW THERE'S A PROBLEM WITH THE LAW, I THINK WHO ELSE WOULD BE BE BETTER TO BRING THOSE ITEMS UP TO THE LMO REWRITE COMMITTEE'S ATTENTION THAN THE CHAIR OR THE VICE CHAIR OF THIS COMMITTEE.
AND WE ALSO ATTRACT THOSE TOO AS WE'RE BRINGING VARIANCES.
IF WE'RE BRINGING OTHER MS TO YOU, WE'RE ALSO KEEPING A LAUNDRY LIST.
WE'VE SEEN THIS MANY VARIANCES ON SITE SET ACCOUNT.
WE'VE SEEN THIS MANY VARIANCES ON THIS TOPIC, AND SO WE'RE, WE'RE COLLECTING THAT INFORMATION AS WELL.
AND, AND FULL DISCLOSURE, I'VE BEEN ASKED TO SERVE ON THAT AS, AS A, AS A GENERAL MANAGER, NOT AS A MEMBER OF THIS BODY.
BUT I FEEL VERY STRONGLY THAT EITHER THE CHAIR OF THE VICE CHAIR SHOULD ALSO SIT ON THAT.
NO, AGAIN, IT WASN'T, IT, IT, IT, IT WAS SURE.
I I THINK WHAT YOU'RE SAYING, SEAN, IS THAT, UM, UH, IF YOU VIEW US AS JUDGES THAT WE SHOULDN'T BE WRITING THE LAWS, UH, IN FACT THAT WAS THE CONVERSATION AS I WALKED UP HERE, THAT THE STAFF ATTORNEY, NOW WE'RE HAVING ALL, YOU'RE THE JUDGE, SO I'D RATHER YOU NOT WRITE THE LAW.
WE WOULDN'T BE WRITING, WE WOULD JUST BE RECOMMENDING MADAM CHAIR.
NO, WE, WE WOULD BE HELPING TO WRITE IT IN A, IN A SENSE.
AND I THINK, UM, I'M, I'M ASSURED BY THE STATEMENT THAT YOU MADE ABOUT HOW YOU ARE TAKING ANY ISSUES THAT DO ARISE HERE BEFORE US AND MAKING CERTAIN THAT THEY'RE PART OF THE PROCESS, SO TO SPEAK.
AND I WILL WELCOME ANY COMMENTS THAT YOU HAVE THAT ARE OUTSIDE OF SOME THINGS.
IT'S JUST, HEY, SEAN, I'VE, I, BECAUSE I I HAVE A YEAR AND A HALF HISTORY HERE.
I DON'T THINK TOO MANY PEOPLE HAVE HAVE MUCH LONGER THAN, THAN A YEAR AND A HALF.
SO IF COLLECTIVELY, IF YOU HAVE SOME THINGS THAT YOU'VE SEEN THAT WE CAN IMPROVE UPON, WHETHER IT'S HOW IT'S ORGANIZED, EVEN HOW IT'S, HOW IT'S STRUCTURED, DEFINITIONALLY, UH, IF THERE'S SOME THINGS THAT WE CAN ADD, I'LL, I'LL, I'LL TAKE YOUR FEEDBACK.
BUT THERE, THERE, THAT WAS THE REASON WHY WE DIDN'T INCLUDE PZA.
SO BASICALLY YOU'RE SAYING IT'S A CONFLICT OF INTEREST.
I DUNNO IF I GOES THAT IT COULD BE SEPARATION OF POWER, SEPARATION OF POWERS IS PROBABLY A BETTER, THANK YOU.
AND, UH, NOW WE DID RAISE AN ISSUE AT THE LAST MEETING.
I RAISED IT THAT WAS REALLY MORE OF A PROCEDURAL MATTER, UH, THAN ANYTHING ELSE.
UM, AND I THINK THAT THAT'S A FAIR THING TO, TO RAISE.
UM, I, I DON'T SEE THAT, I MEAN, 'CAUSE THAT DOESN'T AFFECT THE SUBSTANCE OF, OF THE ORDINANCE.
I MEAN WE, WE HAD AN ISSUE JUST A COUPLE OF MEETINGS AGO ABOUT AN ENTIRE SUBDIVISION THAT BASICALLY DIDN'T FOLLOW LAW.
AND, AND WE, WE UPHELD, YOU KNOW, ONE POOR INDIVIDUAL'S, YOU KNOW, RULING AGAINST HIM BECAUSE THAT'S WHAT THE LMO SAID.
BUT NOW EVERY SINGLE ONE OF THOSE HOMES ARE IN NON, ARE IN NON-CONFORMITY.
I HOPE THAT SOMEONE'S GONNA BRING THAT UP AND, YOU KNOW, ALLOW THOSE PEOPLE TO HAVE A CONFORMITY.
SO IF THEY EVER GET HIT WITH A HURRICANE OR OTHER CATASTROPHIC EVENT THAT DAMAGES MORE THAN 50% OF THEIR PROPERTY, THEY WOULD, THEY WOULD NOT BE ABLE TO
[01:35:01]
BUILD BACK TO THEIR ORIGINAL CONFIGURATION.WAS THIS A SIDE SETBACK? I DON'T REMEMBER.
I DON'T, I WAS AT YOUR LAST MEETING.
WAS THIS A SIDE SETBACK ANGLE ISSUE? YES.
SO WE HAVE A, ALRIGHT, MICHAEL KNOWS HE TALKED TO MICHAEL.
SOUNDS THAT'S ONLY ONE OF MANY.
YOU HAVE A UNIQUE PERSPECTIVE TRAIN KNOWS AS WELL.
YOU HAVE A
SO ANYTHING ELSE? I'LL MOVE THE GERMAN MADAM CHAIR.
WELL IF IT'S YOUR PLEASURE,
I I THOUGHT WE WERE PAST THAT.
ALRIGHT, NOW MY MOTION STANDS.
UM, AND A SECOND JUST TO BE TOTALLY FORMAL ABOUT IT.
I DID HAVE HAVE A GREAT THANKSGIVING EVERYBODY.
YOU'RE WATCHING BEAUFORT COUNTY TV, LIVE, WORK, PLAY.
I AM NATALIE HEFTER AND THIS IS YOUR BEAUFORT COUNTY MOMENT.
SPANISH MOSS IS QUINTESSENTIALLY LOW COUNTRY.
BUT DID YOU KNOW THAT IT'S NOT SPANISH AND IT'S NOT EVEN A MOSS? IT'S AN EPI FIGHT AND IT GETS ALL OF ITS WATER AND ITS NUTRIENTS FROM THE AIR.
AND OFTEN PEOPLE ARE CONCERNED ABOUT CHIS HIDING IN THAT SPANISH MOSS.
WELL, IT TURNS OUT THAT THE LOWER LIMBS AND THOSE SPANISH MOSS CLUMPS YOU SEE ON THE GROUND, THOSE ARE WHERE YOU'RE LIKELY TO FIND THOSE CHIS.
SO BEFORE YOU BRING IT INSIDE AND YOU PLAN TO USE IT FOR ANYTHING, BE SURE TO CHECK FOR THOSE LITTLE BUGS AS WELL AS ANY OTHER LITTLE CREATURES THAT MIGHT BE LIVING INSIDE.
WE'VE BEEN USING SPANISH MOSS FOR THOUSANDS OF YEARS.
NATIVE AMERICANS USED IT FOR BANDAGES, FOR DIAPERS, FOR BEDDING.
IT WAS EVEN USED FOR UPHOLSTERY.
SO TODAY, WHEN YOU SEE THAT SPANISH MOSS, BE SURE TO CHECK FOR THOSE CRITTERS AND REMEMBER ITS HISTORY HERE IN THE LOW COUNTRY.
I'M NATALIE HEFTER FROM COASTAL DISCOVERY MUSEUM, AND THIS HAS BEEN YOUR BEAUFORT COUNTY MOMENT.
TO SEE MORE BEAUFORT COUNTY MOMENTS GO TO THE BEAUFORT COUNTY LIBRARY HOMEPAGE AND CLICK ON THE LOCAL HISTORY TAB.