Welcome to our June 18, 2024 meeting of the Ashland Town Council. We generally start with a moment of silence, but unfortunately that moment of silence usually follows my moments of talking. And so before we do the moment of silence tonight, I just wanted to mention that we've got an individual who is both silent and unseen who supports our council meetings on a regular basis. His name is Don Root and he's right behind the door there and he didn't know I was going to say anything but I think all of council is aware that he received an award. So from APCO, APCO is the Association of Public Safety Communication Officers. Mr. Rude worked in California for some time and evidently served with great distinction because I'll just read this dear Mr. Rude, APCO International, established the Art Macdonald Award of Distinction to recognize exceptional accomplishments of a technical, technical nature by an individual member of APCO on a national or international level in the field of public safety communications. So sometimes small towns, people have these distinctions about bend hairs, come hairs, and all of that. But, John's been here a few years. We're glad he's here. We're glad he's sharing his skills with the community. And so I would just say congratulations to him. And also, when we meet people in the community, we want to make sure that we're welcoming to our guest, but also welcoming to people, regardless of how long they've been here, everybody's got something to contribute. So thank you Mr. Rout for your contributions. All right. So please join me in a moment of silence and consideration of the offerings of other people. Thank you. Dr. McGraw, would you lead us in the pledge to see? Please stand if you're able. I pledge allegiance to the flag of the United States of America and to the Republic for just a minute. Under God, in the visible liberty and justice for all. Thank you, Dr. McGraw. Generally, the pledge is led by our vice mayor, John Hodges. He's under the weather tonight. I know he has done his homework. He's sent us some comments, and he's very likely is watching us. So, John, our best to you as well. All right. Now, we'll take a look at our agenda for tonight. We have a consent agenda which includes our minutes, our invoices, the referral of our EZ24-0325, Iron Horse Business Park. Let me see, I better read that off there. Ordinance 2024-12, rezoning for iron horse business park. Conditional use permit 24-0325 iron horse business park, height. And a conditional use permit 24-0326 iron horse business park. So that's our consent agenda. After the consent agenda, we have the citizen input time, opportunity for citizen to come forward, speak to council on a matter So that's our consent agenda. After the consent agenda, we have the citizen input time, opportunity for citizens to come forward, speak to Council on a matter that wouldn't be on the public hearing. Following citizen input time, we do have a public hearing, two public hearings. They're rezoning 24-0226 in ordinance 2024-06, M&M Associates Limited. Brought to us by Ms. Ragland. Ms. Amos is not here tonight. the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the community of the in police department? Is there a consensus for the agenda as present? Yes. All right, thank you. All right, for the consent agenda, are there any comments, questions, or if not a motion concerning the consent agenda items? Mr. Mayor, please, I'll take a vote. I just want to note that you do have a new memo for the consent agenda in front of you. Yes. Does have one very important change to it. The original one included in the packet had a referral date of June 12th or to the planning commission meeting on June 12th. Obviously that has passed. That has been updated to indicate that it would be referred to the July 10th, 2024 meeting. So as you potentially vote and approve the consent agenda, that is what you're voting to approve is referring it to July 10th. Thank you. That's good for the public. No, who did not see this document as of yet. All right? So I'm motion to that effect Mr. Mayor I move to approve the consent agenda as amended and pay the bills. I second Dr. McGraw. I miss Barnhart. I miss so Paul. I vice mayor Hodges is absent Dr. Mayor Trevett. I All right, that takes care of the consent agenda the so Paul I vice mayor Hodges is absent doctor mayor for that I all right that takes care of the consent agenda I see no citizen but I'll say are there any citizens who'd like to provide input for tonight seeing no one will close citizen input and bring it to our public hearing and so the first one here, rezoning 240226, ordinance 202406, M&M Associates. Thank you, Ms. Ragan. Let's see here. Yeah. Thank you. I just want to say I'm very excited to be in front of you folks again. It's a nice little treat when I found out Ms. Emis was going to be absent and very happy to step in and her stud. We're glad to have you. Thank you. All right. So I stated I'm presenting the staff report for Resoning 24-0226 in the accompanying ordinance for M&M Associates. for Resoning 24-0226 in the accompanying ordinance for M&M Associates. This is a request by Trab Daniels of Standard Properties on behalf of the property owners to change the zoning district from rural residential to limited industrial, which is M1 on two separate properties. The properties are located on Washington Highway. This is at the north side of town. on two separate properties. The properties are located on Washington Highway. This is at the north side of town. And should be noted that this is a speculative zoning. This is the purpose is to assist in marketing for the current owners. Therefore, there's no specific use or tenants and not a specific concept plan that's proposed at this time. It's a little bit different than some of the other ordinances that come across, but the purpose is really for marketing. Again, here are some details about the case. We first received the application in February of 2024. We're looking to rezone from RR1, which is rural residential to M1, limited industrial. So this is the lesser of the two industrial uses. It's located in the east side of Washington Highway, again at the north side of town. So it's located between Washington Highway to the west. And on the east end is the Hanover County line, as well as Interstate 95, to help give you some perspective. And I'll be showing you a map shortly. Putting the two properties together, the total size for the rezoning is 38.925 acres. At this point, the property is entirely vacant and forested. Looking at the surrounding uses at the north, there's already M1 zoning, which includes two distribution uses. One of them being the, I can't remember the vitamin shop. Thank you. To the south are additional M1 uses and some small RR1 parcels, which do have current residential uses on them at this time. Again, we'll show you on the map where those are located. To the east, as I noted, is the Hanover County line, which on that side is A1 zoning. That's agricultural as well as interstate 95. So this property is sandwiched between 95 and Washington Highway. To the west of Washington Highway is an additional M1 zoning and again some small R1 parcels. So here's an area to give you an idea of where that is. Again, this is at the north side of town. You'll note Colesville Nursery to the east, this property, about 40 acres of sandwich between Route 1 and 95. This is just a slide to show you what staff reviews when they look at the rezoning applications. So we'll look at the zoning, the comprehensive plan, transportation, plan of development, existing conditions, and of course the profferers. This is a zoning map. So again, going back and looking at the surrounding uses, you can see the light gray area to the north and the south and the west. Those are all the M1 current zoning. To the east is 95 and Hanna Verkouni. Just south of the property, you can see some additional parcels that are that are one color, that yellow color. Those are where the small residential uses are located at this time. And then you can also note the large property as well, the small property at the front edge of Washington Highway. So that makes up the two separate properties for this case. It's also important to note that the reason this property is RR1 is because it was part of the original 1996 annexation. At that time, the properties that did not have any current uses that were vacants were just sort of blanket given RR1 zoning. So this is a residual case of that where we haven't had anybody come forward to do any rezoning. Any other hasn't been any development. So it still has that residual RR1 zoning not necessarily because it was intended for the RR1 use full-time or long-term, excuse me. So again looking at the RR1, this is pulled straight from the zoning ordinance. The purpose is for a large lot residential, limited agricultural, and other open space issues. But as I discussed over time, the area surrounding the subject property has changed. Their uses have changed, and so now it's mostly surrounded by M1 zoning as well. This is the proposed zoning language. The M1 industrial, again pulled straight from the zoning ordinance. This is the limited industrial compared to the M2, which is a bit more intense. The district is to it provide sufficient space for manufacturing, needs to include landscape buildings. The typical development in this district would be that, which is commonly known as an industrial park, and that is what the applicant is suggesting, although there is an actual concept plan that is their intended use of the property. This is just a snippet of one of the documents that we have available online. Staff uses as a sort of cheat sheet when we look at M1 zoning. It gives you again the purpose pulled from the zoning ordinance as well as the examples, visuals of the setbacks, frontside, rear, the types of landscaping that are required, the height restrictions, 45 feet, as well as some restrictions on zoning, I'm sorry, screened storage, just some examples of what staff looks at. So if this was just a straight up and one rezoning with no proffers, this of what staff looks looks at so if this was just a straight up in M1 rezoning with no proffers This is what staff would be required to adhere to with any site plans As stated the applicant hasn't proposed a conceptual plan or defined any uses just the rezoning at this time because it is speculative Again looking at the M1 ordinance, there's a list of different uses that would be appropriate. Examples of those include offices, manufacturing, wholesale business, restaurant, and repair services. So although we're not looking at those specific uses with this application, this is the types of uses that could go in there that would be by right. Just a note here that some of the proffers have changed since the staff report has been submitted, but I believe you'll have an updated copy of that as well. Looking at the future land use, the easiest thing for me to do is look at the map and you can see there's three different colors with the subject properties. The sort of sandy color is the mixed business and that's the language that's on your screen. This is pulled directly from the comprehensive plan. So that specific use contains mix of office and commercial uses. It should employ a large number of people. And other examples would include mix of retail, restaurants, hotels, those sorts of uses would be appropriate with that specific land use. Also noted we've got the industrial and light industrial land uses. So the difference between these is, again, the industrial is a bit more intense. That's more manufacturing. The light industrial is intended more for professional offices, warehouses, a little bit less intense uses. But we do have all three to consider at this specific property. Looking at the Ashland Transportation Plan, noting that Washington Highways considered a minor arterial roadway, and also looking at that same planned, I think Mr. Hodges pointed out that there is a trail noted on the, within the Transportation Plan, which connects 54 South of James Town Road into the west of center street which does traverse this property. So this project will include a trail or a sidewalk along Route 1 to help reach that goal. There was a traffic impact analysis submitted with the application. On your screen are the recommendations from that third party. Most of them have to do with the turn lanes on route one. So it would be a southbound left turn lane, right turn lane, really on each side as you approach the property. And the property would have both a north and a south driveway. So we'd have turn lanes coming from either way at both driveways. Although it wasn't part of the recommendation, the analysis did show an Archie Cannon and Rat 1 intersection that a signal would be warranted in the future. And I believe that was with full build out of the property if it was suggest if it were to be a warehouse use, which is more intense probably than what would be there on the property eventually there would be a signal needed. The applicant has submitted proffers, different elements include architectural standards, so the things that were included were elements that would help make this property more appropriate for the actual and fuel. So they were include material types, finistration, window, mounts, not leaving any blank walls was included in the proffers and additional screening, as well as site development standards, a 25 foot buffer along Route 1. There is not a buffer profit along 95, just Route 1. Also items, additional items, such as internal sidewalks, we do require sidewalks along the public roadways. So, long route one would be required anyways, but they're also including internal sidewalks to make this usable. One of the proffers was, even though we don't have the end users, they have preferred maximum square footage the process. We have a full of the and the and the and the and the and the and the and the and the and the and the and the and the and the and the and the and pull signage. And one of the items that's new since planning commission is a 100 foot setback for outdoor storage, which has to be buffered. And that is just along Washington highway, I believe. Additional coffers include, as we noted, the turn lanes from the TIA recommendations. And then one of the last ones on the list is an optional cash contribution to the signal. So this is a unique circumstance where based on our current subdivision ordinance, this property can't be subdivided in a way that is most beneficial to the applicant because we require road frontage. So with that, he would have to look into, HOA requirements are. Condemnium, is that what you're looking for? Is that? I think that, condominium. Condominium, thank you. Condominium is what he would have to invest in and what that means is that he can lease out and sell out the, and sell the buildings rather than he can lease out and sell out the and sell the buildings rather than subdivide the lots and sell the lots that way it's considered one entire lot by our zoning code and on and has Frontage a long route one that is expensive to the applicant So if if we do not have a subdivision ordinance that allows him to not have to do that They are profaring $50,000 towards the improvements at Archie Cannon. Other comments we've received from outside agencies. There really wasn't anything substantial. Most of the comments had to do with site plans, which is something that will be reviewed anyways There are wetlands on site. We will already require it to Then to be confirmed by the Army Corps We already require sidewalk urban gutter and then we are addressing the the TIA questions We have not received any public comments regarding this application. I believe we didn't have the Planning Commission and did not for town council as well. In summary, staff recommends approval of this application. The Planning Commission recommended approval of the request, I believe that was on May 8th. It did ask staff to coordinate with the applicant on the concerns regarding impacts to route one, Archie Cannon, and since then those proffers have been updated. We have the motions on the screen whenever y'all folks are ready. Mr. Mayor, that concludes the staff presentation, but I do know that the applicant also would like to present. Sure. Would you mind if they don't have a presentation, a visual presentation? Okay. All right. Yeah, after that, it will probably be good maybe for us to be able to see the proffers on the screen once they're done. Yes sir. But any questions for staff? Well, yeah, I just want to clarify something. So this is an application for M1, not M2. So this is not for distribution centers. So I realized previous M1 allowed for distribution centers. And I just want to clarify that this is not for a distribution center. That's correct. Yes, sir. I would not be allowed with this. Because I realized we're going to go into a public hearing and I don't want people to be talking about something potentially that cannot be. So this is just something we had cleaned up a few years back and so anyway that's all. That's important. Thank you. All right. Any other questions? All right. At this point we invite the applicant up to just identify yourself by name and organization please. Thank you, Karen. Yeah, good evening. My name is Travis Daniel. I'm a Santa properties. Thank you for your time receiving and considering this. It's a little bit about Santa properties in order. This is a small family on real estate company that started by my father and his uncles. I started to work there. The about 60% of our portfolio is in the Maryland district area and 40% of it's down here. Being the new kid on the block, they said you're driving to Richmond and so 40 years later I'm still driving to Richmond. We primarily have light industrial warehouse buildings. We purchase and specifically look for smaller tenant size buildings. 20,000 is about as big as we get. We have lots of spaces that are 3,500, 5,000 and we find these spaces are in high demand. Lots of people need this sort of space, companies that are starting out, companies that are owned by people in the neighborhood here. They want to have their, a place where their plumbing companies, people are proud of their businesses. They want a nice looking facility and they usually tend to stick around if you treat them well. So the calls I get are Mr. Daniel, do you something five to ten thousand square feet twenty thousand feet? Do you have something that I can buy? Because I don't want to be beholden to a landlord which you can certainly understand so Driving around I we came upon this property and we started studying and you can't this this type of product is Is difficult to buy and get get to work because nobody wants to sell it. So we took a look at this site. I really like it. We've come up with a site plan that we like, and it's not proffered, because I don't want to be tied into something if the market changes. The site plan I'm going to show you has a combination of product on it. Product that's going to be about a 75 to 80,000 square foot building. It will be divided into these smaller bays, back to back with nice truck courts, attractive fronts, a good place for people to have their business. And then in the back of the site, we have some areas designated that would be for sale. And these would be two to four acre lots where someone could come and buy it. The utilities, everything would be there. They come in to you and they say, hi, I'm Joe Fence-Builder. This is what I want to build, and this is where I want to keep my fence supplies. And then we get the advantage of owner occupants in the park, which you're going to bring stability not only to the park, but to the town. So what you see now is our preliminary architectural renderings. We're going to have brick accents, you know, metal and glass door fronts. Some relief in the elevations to keep them from just peering like a blank slab. I don't mean the right arrow button. Right arrow button. I advanced it one for you just to get you a jump stop while she helps you. I boarded it. And just. So this is a. Oh, it's on there. I must say. Turned out. Thank you. Thank you. This is our preliminary plan coming into this and you can see along Route 1 we've got four warehouses shown there and then on the backside the 95 site we've got these sites that would be for the owner occupants. These are the uses that we see coming into the area. Local trade companies, plumbers, electricians, you guys can read this. We have other tenants we see, our wholesale, a parched distribution, guys, we have this one tenant who sells nothing, but headlights for cars. Never knew that happened, but they are. And they're busy. Moving the storage companies, indoor sports facilities, we all see this, if you've got kids, you're going to somebody's warehouse and they're jumping on a trampoline or something. They're great tenants. Building supplies, things of that nature. With the all the construction in the area that's going to be going on within the data center, this is a great place to have these companies close by so they can go to work and not be driving up and down 95 burning gas. Under occupied sites, again, building supply, equipment rentals, fence roofing contractors, equipment sales, things of that nature of what we have in mind at the planning board. Someone had concerns about chain-link fence leg fence with slats and cars, drunk cars parked behind it. That is the last thing that we want. That is why we added the 100 foot buffer for outside storage. So whereas we don't have a site plan to proper, we're not just waiting around for zoning to come so we can see if this is going to fly. We have done a lot of work on this. We've got concept plans. We've done the full ALTA survey on the property. The Phase I, we've got utility and sewer studies. We have a fair amount of work to do with that. The gravity sewer does not come all the way to the site. We have to have an onsite sewer with a pump that we have to work through. We have done the endangered species study. We've got preliminary swarm of management done. Traffic impact analysis has been done. We've done the proper, proper state media. Seemed preliminary architectural. And so we are, we're ready to proceed as soon as we get you guys approval. This is our more developed site plan. This shows a little bit more about the parking layout, curb's, gutters, and so forth, just to demonstrate to you that we're serious about this. We're not just hoping for rezoning and see what's going to happen. And I think that's about it. Do you guys have any questions for me? Questions? That's about it. Do you guys have any questions for me? Question? I'm curious. And the appearance of the site from 95, I don't recall, and I should have checked my records as far as with vitamin shop, no loading bays. And you want it. It is the backside of the community, but at the same time, it's an interest rate to our town. So can you kind of give us an idea of what will people see from 95? When I was first thinking of this concept, going back to the owner occupants of these buildings, these are people who, they're proud of what they built. They want Joe's plumbing or Joe's roofing sign out there. I thought, well, let's put them in 95 where they've got the potential of having a sign. So we first got the property under contract. I hiked out there and there's a fence at the edge of 95. And you can't hardly see 95 of them because it trees in the 95 right away. The way this plan shows the first 100 feet or so of that is all going to be storm water management and wetlands. So my dreams of signs on 95 aren't looking that good. But as far as screening from 95, it's going to naturally occur. It's not probably going to be very visible that anything gets built there at all from driving down 95 unlike utility trailer where you see them quite clearly when you drive by and so forth. Okay. Go ahead. The question I have asked you. This is a, you know, they call this a minor. Yeah. I'm sorry. I'm just, I have a question about. And one is a very, very busy road whenever there's a problem on 95, which could be daily. How the trucks, when I say trucks, it could be a small truck or whatever, are they all going to be turning north? I mean, you're going to have to try and get them to go across traffic. I just can see a real problem here with getting in and out of this facility for having problems on 95. Well, since there's not a light, they're going to have to. Okay, so you're not going to, okay. All right, so you're not playing a light there. You were talking more about archivic and I just still see a problem of trying to get it out. No, we are putting the, we're north and south turn lanes at each entrance. Okay. So they won't be blocking. It's someone's waiting to turn in. There's a lot of time. They won't be blocking the southbound lane if they're doing that. Okay. But anyone else? Any questions? All right. Thank you, sir. All right. And so officially, I will open the public hearing. Any comments from anyone on this application? Seeing no one out close the public hearing? Bring it back to councilman. Any further questions? Either the applicant or the staff. You know, looking at your site plan as you said you didn't profit the site plan, but I do see the The BMPs or the I'll say the Control of water the water features for lack of a better way to say it there in the front and in the rear with the added lanes the added lanes that is Profford they're not on any kind of a schedule where it would be done with some kind of a hitting a phase or anything like that. We haven't discussed that. I imagine they would be done when the driveways were built. Yeah. Yeah. That's what I was asking. All right. Does that sound right, Carrie? It could be used in spirit property. Right. Whatever it helps with the work, having us completed with the housing, the site help. Yeah. It certainly makes sense to do it at construction. That's the time to do it. As Barnard has mentioned, individuals are traffic on 95, seeks the path of less resistance. It comes around one. And anybody leaving that site is probably going to seek the path of less resistance, which might be turning right to go north when maybe they'd rather go south. But with those multiple lanes that does help the flood. Can we use the mics just for the minutes please? Thanks. Yes, sorry about that. I don't want to speak over the applicant because again these are proffers. This isn't something that we can request from him but some examples could be tying these improvements to a certain amount of square footage that is developed on the property or a CO on the property. Those are just examples of things that you could probably. Some of the things we discussed with the light. Sure. some of the things we discussed with the light. Sure, I think that's agreeable. How about, they'll be built before we build the 101st thousand square feet of building? Because that would give us the ability to put the first building in, test the waters. That the building in the northwest corner is the only one that can be gravity-suored. So our initial plan was to master plan the entire site for stormwater management, utilities, and all that, and then build the building that gravity drains, which will be our market test. And then once we have that proof of concept, we would have enough economic momentum to be able to do the turnlains, the sewer lift pump, and put in all the infrastructure and proceed forward. All right. All right. That helps with that? That's very helpful. Thank you. Sure. Okay. How do we memorialize this? We have to double talk with the legal council, but we may have to type up some additional proffers and have those. Yeah, to the mic again. I think. Legal evil check with the legal council but I believe we're going to need an additional sign document likely from the property owner. I'm not sure when that needs to be completed for this to be approved. We would we were going to need that before we approve it. Yeah. Get approved contingent on receiving that because we have a contractually deadline purchasing this property and the sellers are getting skittish with the reschedule we've already had to do with them. No. So yeah, we were further. Once we, once we ink all this, like we can't come in after the fact and do proffers and all the rest of that type of stuff. If it was approved today, it's approved, right? And then, so we would need it. We would want to get the proffers cleared up, and then we would amend that. Okay. So. So we would need to continue the case again. Is that and re-advertises that true for changing the proffers? If they're unable to vote on the proffers as included in the staff report. Yes, we want to continue it if we can't vote on it. If we can't do that today. Yeah, okay, but they could amend them, sign them, and we could vote on those tonight. If he was able to or no. We all aren't the property owners. No, I'm not the property owner. Yeah, I was going to say, I mean, we can do it for that fast. I mean, maybe. But I had to chase the guys down to get them to get a notarize as it was anyway. So. Yeah, I mean, if you could do it, I mean, if you could do it like before we closed and we could entertain that but I don't think that's a realistic option. So we would, yeah, if we want those proffers that have been provided, but they don't really speak to the time or the triggering concerning the lanes, extra-turned lanes, and that sort of thing. I don't believe that they do. Right. And the intention, and what I've read, says two entrancesances and that's part of the TIA recommendations. And so is that strong enough that we know that that's on ink and that will happen without necessarily having to have a proper about the timing of that? I'm just trying to understand whether there's a way to have, do we have the strength that we need to go forward? I mean, obviously, you can't make so much of an investment without having good access back and forth to round one. So, so how I read the, you know, it's worth remembering that proper agreements are agreements that are kind of interpreted as contracts, right? And so how I read this is, is that right turn lanes shall be provided at both entrances for incoming and outgoing traffic. It doesn't say timing on it and there's no conditions present to it. So really what I would say reading this is is that the town would have the right to push them to actually live up to the Prophers pretty much immediately, but also the town would have the discretion to not do that if they wanted to give them a chance to build the place up and Yes, that helps me. You know, that helps everyone to help me. So, Mr. Mayor, if I could interject a bit. If I were the staff member interpreting that and there were no time limits on it, yes, as legal counsel suggested we could push for that, but at the very least, I would say the last time that development staff would look at these proffers unless there were a complaint would be with the final development of the last building or the last lot. So at the worst case with the final CEO, we would make sure those are in place. I'll be at that could be a little late. There's already a lot of traffic going on. But at that time, that's when these would be reviewed for the last time for final Occupancy so we would make sure there is a point where staff would go back and make sure they are in place But again was at 25% of the project 50% at the lease at the very end with the final development It would be reviewed again. Yeah, all right. Yeah, our preference would be sooner rather than later of course Want to do things things in good faith. In the staff report, it talked about 100 foot set back for storage from Route 1, but tonight in your presentation, you added the word, it needs to be buffered. And so that's understood and included in the proper enough that that holds muster Do my peers understand what I'm saying I understand you're saying I do believe the discussed that really that the at planning They're real concerned about making sure that that was buffered if possible not to have it there They were real along the session about that So maybe even in the form of all when we if there's a motion made it we could make sure that we emphasize that That setback that there will be 100 setback plus buffer I Would agree with your interpretation that the added proffer doesn't mention anything about buffers. We just have the 25-foot buffer along Washington Highway, that way. That way. I'm adding. Well, again, I'll ask the attorney. Now, can we enforce what we put in a motion, Now, can we enforce what we put in a motion though it's not in the proffer to include that buffering within that hundred feet? I mean, I would say no, like your proffer, the terms of the proffer are gonna govern what you can enforce. So the motion, I motion add stuff into are going to govern what you can enforce. So the motion, we can't, I motion, add stuff into the proper, have that enforceable. So I would say no, at this point, the proffers are what the proffers are. And yeah, if we could, we could ask them to change the proffers or they could all for to amend them. But that would it's we couldn't dictate what the Prophors are but we could say would you be going to amend them and then they could go back and amend them and give us that but So to answer no we couldn't just buy motion and change the Prophors or something like that out of offers. I could could you put the Prophors back on the screen? Yeah, because I thought it was on there. There are two sets of Proffers in the file. One, do you want the executed set up on the screen? I believe of the ones that were put online it should be, should say, updated ones. I don't know. One's better. The ones that are on the website. I believe there are two sets. Probably not the executed ones. So that's been recently updated. All right. This is the executed, Ms. Raglan. So what's on the screen is the executed version with up, leave a May 8 sign state. The other version is just a narrative version, if you will. I can pull that one up if you'd like to see that one as well. One makes sure we're working off the right one here. Is it the buffers, covered in the item? Yeah, I guess that's item A, under site development standards. I guess I'm talking about the most directly there, the minimum 25 foot. Yeah. Just site planner reviewed. Make sure you get what you want. You do a million bucks. That's not an order. It's just the 20, 20 feet. So if they want the 100, it's not guaranteed for zoning ordinance. Mr. Mayor, I believe there may be an instance where our storage buffer is defined in our zoning ordinance and that would kind of dictate what is and isn't included within that buffer. I just don't have that in front of me or are computer to look that up right now, but I think we could look up that section of the code and that would give you some reassurance whether it's needed in the Proffer we have a standard when you say buffer that inherently includes the landscaping a little bit right? Do you have any memory of how many months ago what are? Sorry, I may have missed some of that conversation, but we do have a 20-foot required landscape buffer So So if you're satisfied with a 20-foot landscape buffer and again they're profaring 25 along Route 1 so you would have a minimum of 25-foot buffer and then that would fall probably within the 100-foot setback. So it's 100-feet setback for the storage use that would have that buffer in the front of it or I'm not sure if your intention was, you want 100 feet of vegetated buffer. No, no, no. If that's not your intention, then I, that I may have misunderstood you, I'm sorry, then our current ordinance does still, we would have a landscape buffer of minimum 25 feet per their previous proffer within the 100 foot setback. Okay. That makes sense. And I think combined with that, I believe, and I'm going on a note and a memory here that are buffer description and in the code actually, it says it cannot be visible from the right away. So, you're going to have a setback, a buffer landscaping, and you're not able to see the outdoor storage from the right away. So that's correct. I think that is getting at what you were trying to put in a proffer, but I think the code does it for you. OK, that's good. Just want to make sure we're not holding something. Doing what everyone wants to do. All right, any other comments? Well, question. I'll just make a comment. I've read through the staff report and what was presented today. I felt like this is the appropriate use of that place. Thank you. And it has the potential of helping James Town Road in the future because everyone wants a light there. How are you going to get a light if you don't have businesses to help support that? So I'm inclined to be in favor of this. I think it's the right place. I just think everything lines up. I don't see any true harm. And I really appreciate the applicant, like walking me through like how he's going to attract certain businesses and what type of businesses he's going after. It makes me feel confident that we're going to see things we want to see. So I'm saying. Thank you. All right. Thank you, sir. All right. So I'll ask a zero motion. Oh, you won't. I'll do it. You're the planning. Well, Mr. Mayor sure I Move to approve of rezoning 24-0226 and ordinance My reading reading is right to zero two four dash zero six M&M associates limited to the Ashland Town Council. I second Place mayor Hodges is absent dr. Town Council. I second. Place Mayor Hodges is absent, Dr. McGraw. Aye. Ms. Barnhart. Aye. Ms. Soapall. Aye. Aye. Motion carries. Thank you. Thank you. Thanks. All right. Bring us to our next public hearing. Ordnance 2024-13. Noise Ordnance Revision. The screen, ordinance 2024-13, noise ordinance revision. Good evening, Chief. Hey, how are you, sir? All right. I'm glad I have you here tonight, sir. Have a great person for the job. What do I do? Go on. Hold on. Two turn tables and a microphone up here. Sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I-13. I'll just hit on some points again from the last meeting. There were some questions. I believe I've answered those questions in my presentation, but I'll be happy to answer any additional questions. So please interrupt me at any time. Okay, the reason why we're requesting this change is in the past we have had some complaints. Most recently, it was one with the dumpster. Residents living in here in Laredell, and it is Jason, commercial business. They were picking up the dumpster. We reviewed the code and had some concerns about some of the definitions. And also in the recent past, we've had issues that the loading, unloading, and trucks, elated night, regularly waking a citizen. And another instance of the nearby house, we were able to work with that business and make changes to delivery schedule. But given the fact that there's a distance requirement, the business could have actually just moved 15 feet one way or the other, and it would not have abated the issue that the citizen was facing. So there just wouldn't have been any resolution for that issue. Also, while researching the code, it was found a language of residential use districts. It's not a term that we could find that we could find and it was defined within that code. Usually when you're enforcing something, you want definitions of exactly what it is that you're enforcing. So that is a concern. It's about the subjectivity. So we sought the opinion of the town attorney, and Mr. Talley was assigned to help us. And so I'm so very glad he's here this evening. After speaking with him, we revised that the phrase contained within our code any unreasonable, louder disturbing noise was subjective. And that subjectivity was deemed unconstitutional in two cases before the State Supreme Court. And so we need to be a little more direct in our code. So why the change and what did we change? First was in 10.1-3. The language problematic, as I've already said, due to the court's decision, the language had to be removed and updated. The language that was removed, that was unnecessary, such as the definition of noise and sound, that was also contained in the definitions. And there was a reference to an antiquated code of 46.1, that was changed in 1996, and has been updated to reflect 46.2. The recommended language of this change was to define plainly audible. That is contained already within our code, but not defined. And it's going to be defined as any sound that can be heard by the average person with their unated hearing faculties. This language is less subjective, and it's felt that this will be a more strict definition that will be the previous court decisions I've mentioned. Also, there was a code that was agenda general prohibition. Again, this had also some of that unconstitutional language, and it was honestly duplicative and unnecessary. So it was recommended that we keep it as a reserve code, just in case there are any future changes. And lastly, 10.1.5, these are the specific acts. When I was asked at the last council meeting about the difference between the two, this actually defines specific noise violations within the code that we address. And an example, this deals with the loading and unloading of trucks, construction work, the pickup dumpsters. Also, I indicated in the last meeting there was a discussion there about the time. Some of it was 6 a.m., some of it was 7 if it's noisy, it really doesn't matter if it was just for consistency. It doesn't matter what the noise is if it's bothering our citizens, so just for enforcement purposes to have that consistency. Also we removed the distance requirements with the definition of plainly audible. It becomes unnecessary. It removes the location when the sound emanates and brings it to where the citizen or complainant would be hearing it. And lastly, the other codes, this was referenced, which I was asked for a question. This is the maximum permissible sounds. This is the one where the decibel meter code is referenced. This does not have any impact upon those codes. That deals with noise created in certain areas. For example, with the Iron Horse Project, it's 77 decibels for industrial complexes. So that's usually measured right at the property line to determine, but again, that's not going to have any impact because that's not measured right at the property line to determine, but again, that's not going to have any impact because that's not being changed here. With that, I'll be happy to answer any questions. Jane, what may I have? Could you just leave that last slide up? Sorry. We'll answer. Thank you. Any questions at this time? Not a question. I guess. Well, sort of. So so this supplies this ordinance applies between 9 p.m. and 7 a.m. So anyone trying to pick up at 6 a.m. would be in Correct right which is the problem we were having with the one it was being picked up at 557 on the Saturday morning which obviously was upsetting the citizen to be a awake in that almost 6 a.m. on a day off. Thank you. Yes, ma'am. Well, one moment I'll do the official thing and open the public hearing. Public hearing is open for input on the noise ordinance revision seeing no one coming forward close the public hearing and then bring it on back to council. I'd like to make the motion if that's okay. Well I don't see why not. No questions. Okay. I'm owed for adoption of the revisions to ORD 2024-13 as presented. Nice second. Miss Soapall. Aye. Vice Mayor Hodges is absent. Dr. McGraw. All right. Ms. Barnhart. Aye. Mayor Trebet. Aye. All right. The motion carries. Thank you, Chair. Barnhart. Hi. Mayor Trebet. Hi. All right, the motion carries. Thank you, Chief. Thanks, too. All right, that brings us to reports. Now, I see Ms. Amos isn't here. So where? She would like to defer her report until the next meeting if possible, but I will be filling in for finance. So, okay. Well, let's go ahead and move to you and finance this. Very good, very good. Thank you. The finance department for the month of May is in front of you. You can see our cash balances. Some of the work that the department continues to be working on is obviously that transition of our accounting software that continues to consume a large majority of Miss Stone's time. Obviously, this time of the year as well, we are focusing on end of fiscal year, trying to get things buttoned up before the end of the fiscal year so that when the auditors come in August we're in good shape. Largely that comes in the form of making sure invoices are coded to the correct fiscal year, trying to get in any last second revenues that we want to get and making sure that our accounts look clean. As you move into the Meals Tax History and lodging tax history, the little bit of a switch this month and that meals is lower than prior years and lodging has taken a little bit of an increase over prior year collection. So a little bit of a change there. I have not had the chance to dive in and figure out what may be causing that. Usually we see a pretty good uptick April, May, June, July, just from that summer travel season. So when we get back in the office with Ms. Stone, I'll have her take a look at that and see maybe if we have some delinquent meals, taxpayers, or something to that effect. Okay. In addition at the end of the report, we have our interest collections, and you can see there, this used to be something we did every, only once every six months, but Ms. Stone just keeps it on a monthly basis so that you can see the amount of interest we're earning on both the General Fund Capital Project Fund and then our long-term investments as well. With that, I will be happy to attempt to answer any questions you may have. Any questions on five ends? No. No, okay. All right, we'll move along and invite Chief Aaron Holt back up for the Police department report. Mr. Mayor, I remember if you're telling council this evening I direct your attention to the May 2024 monthly report. This month I am going to report that we did have a significant rise in part one offences this past month. We did have three crimes that greatly contributed to this. The first was we had more vehicle thefts from some of our local apartment complexes in the cottage green drive area and we did have one solo vehicle. Again, I just ask that everyone lock your vehicles and also ask that all spare keys be removed from any of those vehicles that may be in the driveway. Also, as in last year, we did have a shoplifting from the same business we did last year that had reported several large things to us at one point in time. There's not a lot that I can do to combat the crime or patrol techniques that can be used because what happened was when the person was identified they brought it to our attention so that was six shoplifting that were brought to our attention all at once We have made a rest in that offense So it did help that we we did do that so they won't be committing future criminal acts, but nonetheless it did happen Also, troubling trend is the aggravated assaults they continue to be on the uptick and And there's really to be honest with you, not a way to determine these because there's not a pattern or a specific area, as everyone is aware. We have had two incidents involving firearms where no one was injured, but there were shootings. And we have made arrests in both of those. We maintain a presence in those neighborhoods, and we'll continue to maintain a presence. But it's just concerning because when you see the aggravated assaults, this is one of the big ones that we concern ourselves with, like we do with Robert here, Reeps or Homicides. What's the lowest level or lowest occurrence that qualifies to being aggravated assault? For example, looking at from everything from someone being shot or can go to any time a weapon is banished or displayed in a threatening manner. For example, one incident that was this month, if I recall, it may have been last month, was a situation where an elderly individual had struck another elderly individual with one of the grabbers that you use. And so with that, there wasn't a great deal of injury, but because a weapon was used, it does rise to aggravate a level under the on-nivers, which is national and student-based reporting system. So those are the standards that are set by the FBI. So it is kind of all over the place. So I'd want to be clear, it's not that everyone's getting shot or we have people who are being stabbed, but there are weapons being used. And it's just concerning because they just show a more of a violent trend that's happening somewhat. All right, thank you. On a positive note, we did do some great outreach this month. We had officers who participated in a kickball tournament at Henry Academy. We also participated in the Phil the Cruiser event with the ARP. Excuse me, with Triad and we participated and I believe you're there at the ARP Memorial Day event. I'm associated at the HAC. And I'm also happy to report that we were awarded a grant and excess of $10,000. The grant will be used to purchase new tasers with the new officers we've had. We also have to purchase some new equipment. So this is going to be great because it produces the burden on the taxpayers, but it keeps us up to date as there's a five year replacement cycle on the tasers as well. So we want to stay with any manufacturers guidelines. So we are happy that we rewarded that last Friday. Also, this past month, we did complete our multi-year plan, which I've submitted to the manager. And in the hiring front, I am excited to, as you all are aware, we have that three people who've got an field training. We have some folks in the academy, and we did just extend an offer of employment to one other person who will be going to the academy in July. And it's my hope that I'll be giving the manager another letter here hopefully next week or two. So we are that will take us up to 28 positions when we clear though while these folks are in the academy or in field training they're not really on the road answering calls so it's still a lot of burden on the officers who are working the road. So I appreciate their dedication while we still face some significant staffing issues but we are definitely going in a good direction. Lastly, as I'm sure everyone's aware, the railroad crossing closures did not make our life easy last week and we do recognize that several of the neighborhoods did have an infrease and traffic. While in the past we have had some traffic studies done that did not indicate, there was a traffic problem. Nonetheless, we're gonna place police officers there and continue, because there was obviously a lot of traffic we're going through, real ways that Nomea is accustomed to seeing them. So we will address those and take care of them. So that'll be happy answering questions. Any questions? Comment? Yeah thank you thanks to the team. Thanks sir. Appreciate it. Anything else coming forth this evening? Where's your? All right winner