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I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the August 15th, 2024 work session of the Falker County Plan Commission. First item on our agenda is agenda review and I turn it over to Ms. Mead. Yes sir, good morning. Welcome everybody. Welcome. Before we get started I just want to welcome Carolyn to Si. She is the senior assistant county attorney who will be with us today. So thank you. Welcome. Thank you for being here. Okay. So this evening you all will adopt the agenda. You will have approval of the minutes. Are there any comments on the minutes? Okay. Seeing none, take us right into our public hearings this evening. The first one would be withdrawal from the Middleburg Marshall Egg and Forest District, Weismann property, Ms. Marshall. Thank you. Mr. Weismann is seeking to withdraw his 51 acre property from the Middleburg Marshall Agricultural and Forestal District. He's planning to pursue a conservation easement held by the county. He's already employed an attorney and is working with the county attorney's office and ag development on any of the necessary paperwork for that. The Ag Forest Advisory Committee recommended approval of this request at their meeting last month. I have any answer any questions? Commissioner's any questions? What's that? Thank you very much. Next. Okay, moving on. Next is the zoning ordinance text amendment related to delinquent, leans and taxes. We'll turn it over to Ms. Anderson. Welcome. Good morning, everyone. Nice to see everyone. I'm here on behalf of the treasurer this morning who has made this request for this text amendment. She sends her regards as she couldn't be here to introduce the item herself. She has a funeral to attend this morning. So essentially what she's asking with this text amendment asking the planning commission recommend approval of it is to require that applicants for certain land use permits pay their delinquent real estate taxes and any leans that they owe to the county in full before they get final approval of their land use permits. We've drafted it such that the community development director would have the discretion to determine any application when final approval is based on the facts and circumstances of that particular application and an effort to get staff and the applicant's maximum flexibility. I'm happy to answer any questions. Commissioners, any questions? Having on. Thank you so much. Thank you. Nice to see everybody. Next. Okay. We're breezing right through this. Next is the zoning ordinance text amendment related to see everybody. Next. Okay. We're breezing right through this. Next is the Zodynornitz Text Amendment related to short term rentals, Ms. Rogers. Good morning. We had a work session on this topic both in June and July. Staff has put forth a proposed text amendment based on those discussions. Basically, it would be an administrative permit in the rural conservation, agriculture, rural residential, residential one dwelling unit per acre, commercial village, and commercial neighborhood districts. We did not include the R2 district or the R4 district because of the lot sizes that are and usually cluster developments and didn't seem to be, they can have accessory dwelling units as well. So we did not include those districts for the short term rental. Basically, they'd be administrative permit if they met all of the standards that are proposed. If they did not meet the standards, then they would be a special permit that the board would have to consider. Those standards were that the property under lives on the property. The rental is only 183 days out of the year. Or someone within two miles was there to be a caretaker for the property. And if they didn't meet any of those standards, it would be a special permit. Direct access to a public street, we didn't designate local major whatever type is the public street. If they're on a private street, they would have to meet the fire apparatus road requirements, which could be confirmed with the fire marshal. He would take to do an inspection to confirm they met those requirements. And if not, it would be they could either choose to make upgrades so they met the fire marshals requirement or request a special permit. The other part of that section is that they're required to notify all of the property owners that use that private street or easement that they plan to do a short-term rental use that they would send any comments that they had to the zoning administrative within 30 days if they had comments that were detrimental, that it would be a special exception, or special permit, I'm sorry, to the board. Is the applicant required to sign an affidavit that he did send a notice? They're required to give us the receipts because that gave a certified mail. So it would return the receipts that they sent them out. Just like when we do notifications, we send them with return receipts that we know that people got them. Okay. So, the macular occupancy would be based on the drain field permit from the health department as well as the occupancy permit. We did both because sometimes the health department will do a four bedroom drain field, but they only get a three bedroom house. So it was whatever they were actually have occupancy for and if it's an ADU it is limited to the three bedrooms and I'm sorry two bedrooms and the three persons because that is what the zoning ordinance requires so they would have to meet those requirements. Parking in designated areas so that would be specifically designated on the lot so they can't use on-street parking to satisfy their short-term rental use. They'd have to have sufficient parking on the lot at one space per bedroom. Get fire protection things, the smoke detectors and the fire extinguishers, fire extinguishers in the kitchen, and then we added a property management plan which outlines all the emergency, the evacuation plan where your fire extinguisher and smoke detectors are, where the nearest hospital is, fire department, police numbers to call 911 plus the other ones, the language about the noise ordinance as well as no fireworks are permissible that goes into that plan Then we had the prohibitions which are the normal prohibitions with our current tourist homes No fireworks, no food, no events where the where the three basics on that oh and a curve shooting because we have several that have had shooting ranges associated with their short-term rental so no shooting shooting of involved. And then they'd also be required to provide their registration with the Commissioner of Revenue. So if they're able to provide a packet with all that information, it would be an administrative permit. We did it for with annual annual renewals, just like the short-term rental registry. And then if it goes to a special permit, the board would determine what would be the trigger for the renewal, whether it's administrative or they want them to come back depending on the application. Are there any questions about the standard? Do you think we got them based on discussion? I do have a couple of questions. I think this is very well written. I like all of the suggestions that we all the feedback. And it's very well done. Thank you, staff, for everybody who worked on it. My first question is we have current short-term rentals. They have been approved and everything. What impact does this have on them? So going forward, will they be asked to meet all of these standards? Because some of the things in your art, a little bit newer, tweak from before. What will be the expectation for the previously approved short-term rentals in the county that we have? So the previous approved short-term rentals become non-conforming, because they didn't conform to the current ordinance. Okay. They're allowed to continue in that manner until such time as they cease for period of two years. Okay. So if the board had written in an administrative renewal of some kind into that, they'd still be afforded their administrative renewals based on that approval. Okay. My second thought or question is because I'm sure as word gets out if the board does pass this, that there will be questions from those existing short-term rentals. Have we thought about it FAQ or a packet of information like what does this mean for me? What will I have to do? Like just kind of like going through to kind of set them at ease so that they understand. We're in the process of doing that as well as putting together an app special application for the short-term rental for this administrative permit specifically. So it'll be a check box and then what is required to be submitted, for example, with the property management plan, a copy of the property management plan attached to this application. The noise notification, we already have a standard one that we've put in all the conditions, we will put that in there for them that they printed out and it's part of their packet. So we're in the process of doing that. Wonderful. And then my last question is where will this reside on in community development? Where will people be able to find this if they want to do a short-term rental? So, we have a list of the links on the website to that. Thank you. I've got just a quick statement. I very much worked this. I'm going to go ahead and do a short term rental. I'm going to go ahead and do a short term rental. I'm going to go ahead and do a short term rental. I'm going to go ahead and do a short term rental. I'm going to go ahead and do a short term rental. on the website to that. Wonderful. Thank you. I've got just a quick statement. I very much worked this. Have we received any written comments from census? It's because it has been posted as part of the agenda and anyone who had an interest could certainly read it and seek to comment either in writing or at the public hearing. And this is one of those things because we have more than a hundred of these things short-term rentals in the county. I think the excellent brochures that you all do that set out the guidelines would be great for people to come pick up. And maybe some could be in the commissioners office too. I'm sorry to be a little bit dense about this but it doesn't jump off the page where we have a definition of short term. There is a definition is the very last thing in the resolution. In this resolution. So it's in the ordinance, but not in, this begins with additional standards for short-term rentals. And I did it. Okay. Right, so there's a chart in three, which is the first place that people go would be to the chart in three, which is the first place that people go would be to the chart in three, which says the ASP. So that refers you to then Article 5, which gives you the short-term rental additional standards, and then the definitions of, of course, are in the back of the book. And because it's all caps, it is a definition in the back of the book. And so it's for fewer than 30 consecutive days. Yes. All right. The other question, and that's what I thought it was, I just couldn't find it in this, when I was looking at it, right immediately. Part two is when you, in your remarks, maybe I misheard you, but this, it looks from the staff report and in here that this does apply for village zoning as well. It does. I have village commercial and I thought, okay. I missed it. And connected to that, the requirement for on parcel parking. Does that work in the village? Well, again, that would be a special permit to the board. Okay. If you can't get the permit on your floor. If there is no, okay. Because I do think that if we're going to do this we should have it be able to have happen in villages and where people can go walk down the street to get this and that, you know, and that a lot of villages don't have parking for all of the restlessness that are there. At least I believe that's true. On parcel parking. For older ones, maybe for new ones, new ones I think they do. Thank you. Any other questions? If no, we're moving on. Thank you. Thank you. And thank you again to everyone who worked on this. All right. That brings us to the special permit for Elk Run Automotive, an application for a Catter Gory 2 special permit to allow an auto repair garage as a major home occupation. Welcome. Ms. Wise. Thank you. Good morning. The applicant is requesting a category two special permit for a major home occupation to operate in auto repair garage. The property is located at 1, 2, 3, 4, 6, Elk Run Road in Midland in the Cedar Run District. It is 5.12 acres and zoned agriculture with a land use of rural. The surrounding properties are zoned agriculture and residential one unit per acre and have rural residential and agricultural uses. with a land use of rural. The surrounding properties are owned agriculture and residential one unit per acre and have rural residential and agricultural uses. Elkron automotive plans to provide repairs on three to six cars or light duty trucks daily. The business will utilize an existing approximately 1200 square foot three bay detached garage. All vehicles will be stored in the garage or a new adjacent gravel parking area which will be completely screened from view with fencing and or landscaping. Access for the auto rear pair garage is proposed from Patriot Way which is a private road which runs adjacent to the south side of the applicant's property and serves several neighboring properties. The proposed hours of operation are from eight to five Monday through Friday. In addition to typical conditions, limiting the hours of operation, noise lighting, and signage to reduce potential impacts on the neighbors proposed conditions include all auto repair work is to take place within the garage, serving a maximum of three to six vehicles daily. By this evening, we intend to make a change to this condition that all auto repair work should take place with the garage doors closed to reduce noise off site. Vehicles are only to be stored within the structure or adjacent completely screened parking area which must be outside of all required yards. Due to V.O.T's commercial entrance and access management spacing requirements, vehicular access must be exclusively from Patriot Way. The applicant must provide documentation of legal access to the private road before site plan approval. There will be no non-resident employees, no plumbing may be added to the garage, all petroleum and other liquid products are to be properly disposed of off-site, and a changing use application for the garage from personal only to commercial use in a site with planner required. I'm happy to answer any questions. Number four, number 10. Family off. Number 10. I'm bringing that. Because number 10 for example, there should be no more than six vehicles. One site at any one time for service. So that could be interpreted. Six of them are being serviced, but there's three that are sitting there waiting because the people didn't have the money. So they have to sit. The car sit there for two or three months while they're saving money to pay the guy. Because most of the lot of times they won't let them take it until they get paid in full. I want to be careful that it's the intention, I think, is six total at any time, whether it's waiting for a part to come in, whether it's waiting for a bill to get paid, whether it's in service, or is that what the intent is? No more than six? Yes, and the parking area that is outside the side yard will really only accommodate three vehicles in addition to the three garage base. So that really is all that will fit in the area permitted. Okay, so well then I would still like to make it so that it's a total of six no matter what. On the property. Yeah, on the property no matter what. Okay. The pays of workers being done. And I had heard you add something about if they're working on the vehicles they have to have the garage doors closed. Where did that get added? It had a deck. What made that come about? We've had a couple of phone calls, although no specific official comments. The garage is close to the property, the self-property line. I believe that when the doors are open and workers being conducted, I think the noiseily travel. But private residents can have sick car garage and have all of their doors open. So I would have to, I need to think about that a little bit. It could be uncomfortable working on with the equipment we don't have air conditioning in there. Hopefully they have AC. Number five also says the parking areas shall be located outside of all required yards. What does that mean? There's a required 25 foot setback on that side yard. And that takes up most of the area directly in front of the garage. So the parking by the ordinance must be outside of that yard. And if you look at the special permit use area diagram, it shows the parking is outside of that yard area. Would it be helpful to have that say out of all required yard setbacks? Sure. I can edit that. I mean. Yeah. Okay. Any other questions or comments? Thank you. You're welcome. Next on our agenda, please. Yes, sir. Next on the agenda is a carryover from last month. A special exception, Dincres farm kennels. Miss Marshall. Welcome again. Welcome again. This application was postponed last month for the property owner to discuss application with the concerned neighbors. There have been no changes to the application. We have received six more letters in support bringing the total from last month and this month to 44 in support and four more letters in opposition bring the total to 10 in opposition. I'm happy to go into any more detail or answer any questions. Any questions? Well, everyone be going on the site visit. I believe so, yes. You mean the five of us, not everyone, but yes. Including, obviously we don't go without anywhere without staff either But I think that seeing it's important Having having seen it okay. Actually no no I have a quick question I I did look at the public comments that came in you know Did anything come in did made the staff? Think that they needed to revisit any of those. No. Okay. Thank you. Excellent. Thank you. Moving on. Okay, Ms. Marshall has the next one, which is special exception for St. Patrick, Orthodox Church and School. Thank you. This is a special, it's a category five special exception for a primary school, a category six special exception for a major place of worship, a category 20 special exception for a sewage treatment system, and a category five special permit for a preschool. St. Patrick's Orthodox Church currently exists at the intersection of Marshall and Ball's Mill Road. They have purchased this property off of Old Marshall. It's just under 11 acres to pursue a new campus. The property is known village, part of the village of Liberty surrounding properties. They're also known village and agriculture predominantly residential and agricultural uses. Chapter seven, the village's plan identify several goals out of the comprehensive plan for any new development in villages, specifically to maintain the unique visual identity of the villages, incorporating any new development in a way that complements the existing communities, conserving, protecting and restoring village cultural resources while preserving these assets for future generations. As the properties also not in a service district, the rural lands plan is also applicable, consideration as to whether or not the use is agriculturally and morally compatible in scale and intensity, whether it poses a threat to public safety, health safety and welfare, whether it contributes to the preservation of historically significant structures or landscapes, and whether it helps to preserve farmland and open space. As you can see on the map the existing location is under the yellow star there and the proposed location is about half mile down Old Marsh Road. So the Place of Worship request the overall development is a campus that includes a Place of Worship, a Parish Hall preschool primary school and an activity building. The proposed place of worship is just over 27,000 square feet. The sanctuary will have a seating capacity of 300 and will include a finished basement for Sunday school classrooms and any other weekly meeting spaces. The parish hall will, so the first part of the building is the place of worship. The parish hall will be connected to it. That's proposed to be just under 13,000 square feet. Will include a kitchen, bathrooms, nursery, choir room, meeting spaces for ministry needs and staff to be used for Sunday Pollock lunches, fellowship space after their midweek services, and a school lunch room once the school wing is completed. Oh, sorry, my slides are out of order. The proposed hours of operation for the church are from 6.30 a.m. to 7.30 p.m. with any other activities ending by 10 p.m. and then a breakdown of all of their activities. So main Sunday Church service is at 9 a.m. on Sundays and that would be with 300 people. Morning prayer is at 6.30 a.m. Monday through Saturday. That has anywhere from 2 to 30 people. Evening prayer. Similar 2 to 30 people held at 5 p.m. weekday mass. Is at 5.45. That's anywhere from 30 to 75 people. Meetings in classes 2 to 3 times per week with up to 20 people. Major events that would be weddings, holidays, school fundraisers, church fundraisers, one to two times per month with up to 200 people and church staff offices would have staff two to five times per week with anywhere from one to five people. The proposed school is 8,400 square feet, we'll have 150 students and 25 staff. The primary school is proposed to have 135 students operating Monday through Thursday from 8 a.m. to 3.30 p.m. There's a just under 13,000 square foot fenced outdoor recreation area that's been shown on the special exception plat for grades kindergarten to 8. The preschool is proposed to have 15 students. Current preschool would be Monday and Wednesday from 8 a.m. to 3 30 p.m. They've shown a 1,500 square foot fence outdoor recreation area for the preschoolers. Ms. Marshall, yes. You're doing a great job. I just want to, I want to do the math. Excuse me, that was. We are looking at Monday and Wednesday, 15 students preschool, primary school, heart 35 students, Monday through Thursday. Yes. So that means on Monday and Wednesday, 150 and 25 staff. So 150, if they are individual parents, 150 times four trips a day is 625 staff if they come in and go out only, that would be 50. So it would be on Monday and Wednesday a total of potentially 650 trips a day. Only associated with the school. Only associated with school. That would not include anybody that's there for No morning prayer and evening prayer would be outside of the school hours But if there are any weekday meetings that would occur during that time or any other Sorry, the minimum on Monday and Wednesday 650 and on Tuesday and Thursday, it'd be 27. 590. Right. Right. Right. OK. So is everybody have that clue? You get that rudimentary math that I just did. I too have a math question. It was never my favorite subject, but I'm just curious as to all of the square footage combined. And I couldn't find what the activity building, how much square footage is that going to take up? I haven't gotten there yet. The activity building is. Ice. You look when you get to, you get to. 6,500. The whole main building that I've gone through now, so church, parish hall, and school, is 48,500 square feet. And plus an additional 6,500 square feet for an outdoor activity facility. Endor. Endor. Okay. And plus an additional 6500 square feet for an outdoor activity facility indoor indoor. Yeah. So 5,000 square feet total and 55,000 and an ADU if you will. How adding all of this square footage together? How much of the 10 acres does that leave behind? That's a bit more than the math I can do in my head. Well, 40. But if you just go the same time, 10 minus your... The building's alone would take up just about an acre and a quarter. Okay. Not including parking, or drain field or. Forty thousand minus fifty four thousand. Fifty six thousand. Right? Yeah. An acre and quarter issue building. Okay. Not including the parking lot of 153 spaces. Okay. I love math. I turned to you, Mr. Bada. You can be my seeing math person. Seeing that person. Sorry, here. Thank you. We apologize, but we have to get that in our heads. We've made a mistake. It's OK. It's OK. We caused that. Well, I feel like I brought half my desk with me this morning. We've better work. Sorry. It's okay. It's okay. We caused that. Well, I feel like I brought half my desk with me this morning. So, okay. The sewage treatment system, it's a dose, proposed to be a dose system with capacity of 2,400 gallons per day and the chart that was on the previous side with the breakdown for all of the different events. They have provided a drain field analysis with that breakdown and we have made the conditions directly reflect what their septic system is proposed to accommodate. They've shown a private well on a water supply lot. The well construction site has been tentatively approved by the Health Department's Office of Drinking Water as a public water supply. They've shown an underground fire storage tank, 153 parking spaces, storm water management, landscaping along Old Marsh Road, the eastern and western property lines, and adjacent to the southern parking lot boundary and the activity building. And they've requested three years to establish or diligently pursue the use instead of the one that would be required by the zoning one. Question. The three years instead of the one, as long as they have started something in the year, then that's, they don't have to finish in a year, they can get started and then move on, correct? Correct. As long as they start something. I said diligently, right? Dillard. Well, that's a definition. It's a wide. And if something wasn't submitted, if their site plan wasn't submitted within that year timeframe, they would be able to provide documentation to the zoning administrator saying that they've diligently pursued, showing that they've diligently pursued, and it would be up to the zoning administrator to determine whether or not that has been and whether they would need to go back through the special exception process if they did not have more than one year. Does that make sense? Yes, yes. Can I continue? Please continue. Okay. So if you outstanding issues, the zoning zoning ordinance the place of worship standards required direct access to a road designated as a major collector or higher by the comprehensive plan Old Marsh Road is designated as a local road So the finding that the type and amount of traffic generated by the use will not cause undue impact on neighbors or Adversely affect the safety of road usage will be required if the board were to approve the application. The zoning ordinance, the sewage treatment system standards require that if a category 20 use is proposed in a residential district, they'll be a finding that there's no more suitable site in a commercial or industrial district. There are no commercial or industrial districts adjacent to this and as it's for an individual use staff believes this could be appropriate. But again, a finding that would need to be made. And just generally evaluating to be sure that the use does not adversely affect the use or development of neighboring properties or cause any unintended traffic impacts and is consistent with the comprehensive plan. So the included conditions that the use be limited to the place of worship, preschool, primary school and other incidental uses, the place of worship preschool primary school and other incidental uses the place of worship Shall be restricted to 6.30 a.m. to 7.30 p.m. No more than 300 people at Sunday service Morning and evening prayers may be held every day with a maximum of 30 people and weekday services Monday through Thursday with a maximum of 75 people The preschool and primary school, eight o'clock to 330. My apologies, the slide does say 830. That was the slip of the finger and you'll notice that was corrected in the conditions in the report as well. Eight o'clock to 330, Monday through Thursday, 135 primary school students and 25 staff. The preschool limited to 15 students at one time. We did give them that flexibility as they've said right now preschool would be Monday and Wednesday. We've left it at 15 students at any one time. Should they wish to do a Tuesday Thursday preschool group in the future. Their drain field information did show the 150 students every day. Should you all wish to have it be only Monday and Wednesday, we can certainly modify that to be only on Monday and Wednesday. But to say that it's limited to 15 students at one time, that leads me to think that it could be a morning session and afternoon session, it could be 15 students in the morning and 15 students in the afternoon. We can modify the conditions if you'd like it to be locked down to one per day. Yeah, that would bring. You could say per day. There you go. Yeah, because there are some places that have morning pre-school and afternoon-reschool. Not that I know that, but I'm just a... Yeah, because there are some places that have morning pre-school and afternoon- Not that I know that, but I'm just- Yeah, yeah. Children shall be 14 or younger at the beginning of each school year. Outdoor recreation areas shall be fully fenced with a non-scalable fence and supervised when in use. 1500 square feet for the pre-school with maximum of 15 children at any one time using that outdoor recreation area. Primary school, 12,900 square feet, grades K through 3 and 4 through 8 shall not use the outdoor recreation area at the same time. The zoning ordinance has different square footage requirements based on those grades. So to restrict 64 students in K through 3 and 30 students in 4 through 8 in the outdoor area at any one time to make sure they need those requirements. Three meetings per week associated with the place of worship preschool or primary school with no more than 20 people at the meeting. Activities shall be accessory to the place of worship, preschool or primary school with no more than one activity per week. No more than two activities per month with a maximum attendance of 200 people. This does not include any activities that are associated with Sunday service such as their potluck lunch. And all activities shall end by 10 p.m. No cooking unless a commercial kitchen is approved by the health department, the sewage treatment system shall have a maximum capacity of 2,400 gallons per day. Parking and loading areas shall be effectively screened, any equipment, machinery, and facilities associated with the sewage treatment system that are not in a building, shall be effectively screened, exterior lighting, shall be designed and installed, so all direct rays are confined to the site and adjacent properties are protected from glare. Parking lot lighting shall be a maximum of 15 feet above grade. 14. 14, thank you. Building or walkway lighting shall be limited to pathway or ballered style lights. All applicable health department, V.O.T. building and zoning permits shall be obtained. On site well waters shall not be used to fill the underground fire storage tank, a right turn lane and any other improvements to the entrance or exit shall be completed prior to commencement of the use. Emergency vehicle access shall be maintained at all times. A site plan shall be required and the use shall be established or diligently pursued within three years of approval. And I did print out for all of you this morning, the applicant has requested changes to condition 16 and 17, which is not using the well for the underground fire storage tank. And the right turn lane, they've said they've proposed that instead the underground fire storage tank be the well be able to fill it so long as it is not filled within the school or church hours of operation and not to exceed more than 2400 gallons per day. Yeah, per day. And then for the turn lane, they have requested that all entrance improvements be installed prior to commencement of the use. And the right turn taper be required and installed when the school reaches 90% of maximum enrollment or 135 students. Staff has some concerns about that 90% of maximum enrollment or the 135 students. We included the condition for the turn lane based on V.comments that the use was just under the threshold for the turn lane warrant. If you all wished to have the condition be caveated in some way, shape or form, it could be done prior to the school use being established rather than a specific enrollment capacity of the school. And if you wish to change the undergrant fire storage tank, we can incorporate that before this evening also. Any other questions to interrupt Ms. Marshall again? I took it. Went through my slides. I've just got one comment more than a question and it doesn't relate to the scale and impact. I think those are the things that we'll be looking at on the site visit and also hearing from people. But with regard to the elevations and 3D concept renderings, I think they're just exceptional. know that they'll be held to that and we don't usually stipulate designs for churches, but I'm really impressed. It looks like as you're driving by, it would look like you're in the European countryside. It just seems to be just an interesting, I like the good work that's been done. That's just not related to the other matters, but that's just a comment. Have we received any public comments on this? From talking to the applicant, there's one neighbor who has indoor outdoor cats and she's concerned about increasing traffic with her cats. And there was a gentleman that called, I spoke with him on Tuesday, gave him access to the application materials and told him to send me any comments and he then emailed me and said he went through all the materials and he's not as concerned as he was originally, he thought that they were proposing changes to their existing location and thought that that was not suitable to increase size at that place. Said certainly traffic is still a concern but there's no real way around that. So he said no comments at this time. And then one other question on the presentation. Can you point to where the emergency vehicle access is going to be. So they have their main paved area and then there is, and I'm sorry that is very small. There is a gravel path drive on the front side of the building that would provide fire access, you know, to get around a bit more. There is also one on this south side kind of around by the outdoor play areas. And then there is another one down this way with the turnaround for the activity building. Okay. And where's the fire tank? Again, the underground fire tank? The fire tank is proposed up here on a designated Lot that's they've called a water supply well lot Okay, and where are the cookups for that for that? Will they be I mean will there technically be fire hydrants on the property hoping into the tank? I'm not certain of that the building will have fire suppression in it. Okay. So I believe it's the underground tank would supply the fire suppression in the building. Okay. Yes. Okay. I think that's all for right now. So the fire suppression underground tank is going to be located in the 100 by 100 dedicated well-ought? Yes. Is that okay? Is that allowed? It's not a well-ought tube. It's not an official. It's not a dedicated 100 by 100 by 100 foot well-lots. It would be. OK. It's going to be a water-irksystem that the Virginia Department of Health will regulate as a system. So it will have a dedicated 100 by 100 well-lots. OK. Any other questions or comments? The system is on the level up. The suppression tank is on the level up. I've shown it is. So there's a well and the plan. Yes. I didn't know anything else was allowed on the 100 by 100 dedicated well lot but maybe so. I'm not sure. I can find out. This is a, uh, go ahead. Because it's not called a dedicated well lot. You just call the dedicated well lot for a reason. This is a pretty quaint little village. A lot of houses here. It looks like there's at least 20 right around this property. And a lot of houses between both ends of it, which is Old Marsh Road on both ends of it, which is Old Marsh Road on both ends. And a normal crunchy road is a secondary road, like let's say, trying to think of an example. Just a two-lane road is a secondary road, right? Secondary. This is not a secondary road, right? Secondary. This is not a secondary road, but it's not a normal width secondary road. So on the slate visit, just pay special attention to the road widths. And it's 35 miles an hour, but I've, as late as as yesterday drove down that road and when you're passing somebody in certain areas you better slow down to 15 or somebody's either going to get run off or get side road and a little community that's been there for many, many years. And I'm surprised that the people that live there haven't sent more letters on or anything, but we'll see you know who shows up tonight. And we did send out, we went beyond the normal adjoining property owners for our regular notification and then following Chairman's agenda review last week, we did notify the rest of the way down Old Marsh Road. So everyone with access off of Old Marsh Road has been notified about this application. One question with regard to the school whenever the students come but with regard to bus lanes or bus turn lane or this right turn lane. I know this is not a public school but there are plenty of private schools in Falker County that have their own buses. But would there be any requirement should the school acquire a bus for their students to mandate the right turn lane on to Matthew's point as narrow as that road is. Again, we'll review it today, but to ensure the length and width of the bus has time and space to get into the driveway. There's been no mention now of a bus certainly they could have a bus at some point in time that you know the turn lane would be suffice There'd be requirements on the turn lane distance from V dot perspective sure. I believe it's a hundred foot turn lane and a hundred Foot taper with it being a 35 mile an hour road. Okay. Okay. Thank you. Any other comments or questions? Thank you, Ms. Morgan. If I could just, oh yes, ma'am. One, no, I've just gotten confused. I thought that the proposed conditions require the turn line. As right now. And they're asking to not have that. And I think to your point, it may be that it would be better to require. To require. But am I right that I was looking through the materials? As written now, we have included a condition that the turnlign is required prior to any use on the property. They have requested it to be a 90% school. I understand that. Thank you. Thank you. Yes. Thank you. If I could just offer one comment. As you're talking about traffic and the numbers and the trips, the very first outstanding issue in the staff report on page one talks about the traffic count and the applicant, the information provided by the applicant estimates maximum of 886 vehicle trips a day, which is a 200% increase. So I just wanted to It's on page one carrying over on page two Yes I just wanted you to have that information for your site visit today. No other questions? That brings us to the last public hearing. You will have this evening and that is a rezoning for the Wargo property. Mr. Schellenberger. Welcome sir. Thank you. Just before I start, was there any direction from staff or two staff from the applicant's revised conditions on the last application? Did you want us to provide an alternative related to the well or the turn lane for the fire suppression tank? Okay. Just clear, I'm sorry. I was going to say maybe wow we're on the site visit. Can we certainly just want to make sure we're clear and then just we need I'd like to have clarification of whether or not the tank is allowed on the 100 by 100 well dedicated well lot. Yeah and even if it's not it would just be repositioned on the property at the time of site plan if we don't run out of our own. Correct. Now I would recommend keeping the turn lane in because you're talking about 300 parishioners divided by two maybe 150 that's a lot of cars turning in and out of that spot. And then on the Elk a mode of staff will bring back to alternate conditions for you this evening. Both will be revised as discussed. One will include the requirement for the garage stores to be down and the other one will not. So you all can choose whether you want to. Absolutely. Related to the Wargo property, you all held a public hearing in June. It is a rezoning from R1 to R4 to a lower one. whether you want to be. Related to the Wargo property, you all held a public hearing in June. It is a rezoning from R1 to R4 to allow for a development of six single family to attach residences. The public hearing was postponed until the applicant was ready to proceed due to concerns of the town of Orton's ability to serve or willingness to serve the property with water and sewer. The town has passed a resolution to our motion to direct staff to work with their staff to work with the county staff and the authority staff to revise the tri-part agreement. So that has solved that issue. There have been no other changes to the application. I'm happy to go into more detail if needed or answer any questions. And this is in C is the city run district. That was about the only issue that we had in our last public hearing correct. I believe yes. Yes, yes. Okay, very good. Any questions? Thank you. Ms. Mead, we're moving on. Yes, you all are well ahead of schedule. So the last thing for this morning before your site visit, well, we have two things. This conversation we're going to have in the commissioners time. But we were asked to have a work session to review the planning commission protocol guidelines, slash rules of engagement. A question came up about commissioners meeting with applicants. And so we have provided the protocol guidelines that were adopted back in 2016. I've also included your bylaws and the board's residential rezoning policy just for your information. But related to the protocol guidelines and the meeting with applicant, it's on page two of those guidelines. Planning commissioners can certainly meet with applicants but they should do so with staff. President, staff is always willing to meet with you. The one thing that I think gets lost sometimes so it's good to have this reminder is when you meet with applicants, the contact details and information from any of those meetings should be shared with other commissioners. So if there's any takeaways just so everyone has the benefit of having the same information. I think when staff is present up, I don't remember any time that information's not been shared in a public forum? I don't know that we always come back here to this forum and share it. So what staff will summarize any of those means. I think this was a good refresher for us. Something that was brought to my attention that's worth those discussing this morning is the protocols under work sessions. Do talk about citizens time and many of you will remember before COVID, we had citizens time in the evening where anyone could come speak about any item that's not on the agenda. So my question to the commission today is do you want to reinstate citizens time? The Board of Supervisors has a citizens time. Citizens wishing to offer comments can also do so in writing to be shared with you. We did a little research and looked pre-COVID, looked at two years, 2018, 2019. And in those 24 meetings, three times, we had citizens speak at three meetings. So we had three times to show that at 24. That's that's one eighth. That's that's 12.5%. Thank you. At the time. The question is did 200 people speak at each of our citizens times or how many do you have in notion of I don't I'm sure it wasn't that many but I mean Three each I'm great three people each time. Yes. Thank you. So it's Commissioner, do you want to reinstate citizens time? Or do you want to? Keep on as we've been going or what we put your what's your thought on this? And if you'd like time to think about it, you can certainly think about it. I can ask you again next month. I'm okay with it. We about it. I can ask you again next month. I'm okay with it. If we reinstated. I think since the Board of Supervisors has it and we had it historically for many, many years and because we meet in public session, people can't speak at the work sessions. Sometimes it's a good way. I think most instances will replicate what the history was that people don't speak, but every once in a while will be alerted to something and staff will be alerted to something that bears consideration. Okay, so we're directing, we are in agreement that we're going direct staff to reinstate it into it. Is that, that's a question. Yes, yes. Yes. Yes. All right, so we agree. We will reinstate it. Good, thank you. Thank you. And then I don't know if anyone has any questions about or comments about the other two documents, the bylaws or the residential rezoning policy, happy to go over those or answer any questions. I've got, before you go to those, I have comments on this policy. Okay. The protocols. And I thought that was what was the main purpose of this. It is on the agenda for those. Yes. Yes. I am very uncomfortable with, and the chairman knows those others. I am very uncomfortable with, and the chairman knows those others. I am very uncomfortable with there being a public meeting in the, I mean, a meeting in a public building with public staff on a public application where the public is not notified or invited to attend. I find that very disconcerting and I think it erodes in many ways or could erode our credibility with the public. So I understand that, you know, I mean when I was on the Board of Supervisors a million years ago, we didn't even have the protocol where staff was supposed to be present. We know that staff being present doesn't always solve a problem. And I'm not casting us versions on any of the present staff, but I'm just saying it has happened in this community where things conversations happened and it wasn't in the public, the public didn't know about it. I found it, and I don't know what the solution is, I won't do that. So I will not participate in a meeting, in a public building, with public employees on a public question, I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think the commissioners. I did know before I walked into the room that the applicant was going to be there. But I found myself thinking, this is a really hot topic. People who are very concerned about this, what if they walked in, this saw this happening, and walked in and took a seat, what would happen? I don't know. So that's one. I think I'm uncomfortable and everybody has their own, but I'm just putting it on the record. I'm very uncomfortable with that and I won't do it. Okay. Part two is the part of the policy that says you shouldn't have any conversation with the public. Also, this is in here and the public. Well, if you run into somebody at the grocery store, the post office, you know, your child's birthday party, and they say something to you, I had this happen the other day. Somebody told me they'd written a letter in support of the Beagles. And I said, well, thank you very much. I'll look for that. But we didn't get into a discussion about the application itself. But it was not an applicant. And I think that if we're going to be informed and represent our community properly, we need to be able to talk with our neighbors. I also feel that if the applicants have something to say to me, they should put it in writing or come here and stand up in a room and say it in front of their neighbors, whatever it is. And that's, so I'm looking for some feedback on the question about the conversation at the post office, the conversation at the child's birthday party, if you didn't expect to see that we'll have it even come up. I usually, I mean, that didn't happen that much, but I usually just say, oh well, thank you. I'll take that into, you know, you know, it's going to be on our agenda or whatever. I don't give an opinion about what I think of the application because I don't think that's fair to the larger community and you don't know until you've heard the public hearing. I at least I don't. You know, so thank you Mr. Chairman, but that is how I feel about that. And I'm interested in other people's reactions. I have a different perspective on that. I think that staff invariably knows a lot more than any member of the commission. And they do a wonderful job if something's in a district where we're expected to bring forward comments and suggestions. They do a wonderful job of getting in touch with us. We've had this policy for a number of years. The board doesn't have this policy. I think they should, but they don't. And I've found when people come to me, I say, if you call staff, they will be pleased to meet with you. I will attend. You wouldn't have to attend, but I typically attend. Because I learned something, sometimes the staff learned something that they didn't know. And I think it leads to a better discernment process. And it sometimes avoids a situation where someone stands up and says something that's completely wrong that had they had the opportunity to see paperwork that the staff has or hear a presentation from staff. And this goes to the commissioners too. I think it leads to a much better informed discernment process, a iterative because the public hearing is a short period of time. And I think with about 40 years as a local government practitioner, I've seen people stand up and make statements that are totally relevant or erroneous that could have been resolved if they had done their due diligence. And I think it's worked. And I think it continues to work and I think it's much better than being surprised at what you hear that could have been, it's awkward for staff to say, well that's not correct whether it's a commissioner making a statement or a citizen or an applicant. I just think it's a process that works well and I wish the Board of Supervisors had it. I'm glad. Sorry. No, no, no. So just I think the protocol spells out perfectly what we can and can't do. We should and shouldn't do. Within the Code of Virginia, which is something in my daily realm that I deal with. What specificity is there in the code that says boards, authorities, and commissions shall shall or shall not meet with applicants or is there anything in the code that defines what we shall or shall not do with regards to being a planning and appointed planning commissioner and meeting with a potential applicant or a current applicant. It only addresses it in residential rezownies. Okay. And correct me if I'm wrong. So that's one piece of my question. The second part is if we, if as a commissioner you have a meeting with staff present and with a future upcoming applicant for whatever. That meeting is FOIABLE. It is FOIABLE under Virginia law. Absolutely. So whatever is discussed or whatever work papers are exchanged, if my next ordinary neighbor wanted to know what I met with the new Wegman's applicants that's coming to the book. You're kind of whatever they could foyer that meeting and what I was provided with, what staff was provided with, what the applicant discussed, whatever. Any notes you took? Any notes I took exactly. Any emails that were exchanged, even if I had copied staff on anything, anything with regard to that is voidable. Yes, okay. Having taken a couple of void classes in Virginia. So then also if, and this is occurred as well, residents of Falkier County wanted to meet with planning commissioners. Staff would also be present. Like if I received an email and invite from three Falkure County residents that wanted to talk about this new short-term rental ordinance. And I said thank you very much for reaching out. Please make sure that you reach out to community development staff so that we can set up a meeting and have staff present. That they can meet with me, but I would, I, just for the sake of staying in the swim lanes of this guideline, I would have staff present. I can do that. I can request that. And that meeting could be foiable to an applicant who has potentially made another applicant who wants to set up a short-term rental. If they if they submitted a bull yet. Okay. Okay. So in reality the transparency exists. Okay. But there is nothing in the code of Virginia that dictates our the specificity around the meetings with applicants or any of the what we've laid out in this protocol. Exactly. Okay. Do we know how many other planning commissions throughout the Commonwealth have a planning commission protocol guideline? I do not know. I don't remember from when we were doing this eight years ago. This was flushed through the county attorney's office. And it's not intended to address those one-offs at the post office at a meeting you certainly should have an open mind but this is and it says planning commissioners wishing to meet so it does some of you may not wish and we are certainly hearing that but this is intended to be when you get a request from citizens or from an applicant and that we are here to meet with you. Okay. I'm done. Thank you. Now, I'm listening to all commissioners what you have to say and hold all of it in a high regard. But my question is, Ms. Herbert, if there is a public information form held by an applicant. How do we do that? It's like an arrest crime. Like they were like getting fired, too. Yeah, that arrest, yeah, yeah. Not in the county building somewhere else. Yeah, that's right. Yeah, yeah, yeah. Not in the county building. Right. Somewhere else. Yeah, right, right. Are you uncomfortable attending the other? Yes. Okay. I mean, we have work sessions in the morning before our meetings where we go over the applications. People can and sometimes are here. Some of the applicants were here this morning. Citizens could have been here if they wanted to. This are looking to the public hearing and will, on tour tonight. I don't think I'm being irresponsible and saying that I don't think that there's going to be anything off of it that those public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public public If I attend those, I make it, and if I'm recognized, I make it very clear right off the bat that I am there to observe only I have no comment. And many times I have seen that there are people that attend those and they have comments that don't want to come here in front of that podium. There are instances when there are people that I've heard people say things that have a real good bearing on what I might think that I would not have heard had been out come here. I'm not surprised. I'm not sure, but true, that's true. So now asking our attorney, is it OK for us to attend these invited public forums on an applicant's topic? I think that's an issue that staff and I can talk about the question about the staff for new and possible to come back with a full response. Certainly. Okay. Can we also look or can we, I mean, I know that it's last minute and short notice, but can we also look and see if there are any other jurisdictions in the commonwealth that have similar or something to say you know what you want to keep in mind if you're going to meet with an applicant or you're going to meet with me. Certainly I was going to offer that we would do that and bring that back. So quite frankly the way it stands right now as long as we follow this protocol we are legal in what we do, because it's all transparent. And if there is a commission that feels uncomfortable doing about doing that, then they just don't participate. Is that correct? That's correct. Is that pretty much the way the ball bounces? Yes, sir. Mr. Chairman, I have one other question related to that. The one meeting that I did go to, where there was a lot of substantive discussion with that applicant. Were there minutes of that meeting? I mean, I would discuss to the FOIABAL aspect of this. You know, that was a meeting that I don't know was boiled down to a report. No, we did not take any minutes at that meeting. And so it easily could be that I don't mean to imply anything about this, but Diane's comments about the meeting being foyable, yeah, if there's something to actually get. The meeting that I went to, there was a lot of conversation back and forth. And particularly with staff, instructing that applicant with deficiencies of the application and you as the commissioner for that district had some very specific pointed questions and I had some too but the end result of it was not reduced to writing and not discoverable as I understand it in any circumstance other than a conversation with somebody. Am I right about that? I don't recall if they left as any papers that day if they did that would be. Of course, William. Yeah, but as a matter of course, when staff and a commissioner or two have meetings with applicants, and it's meetings with people who actually have applications before the board that concerned me. A lot of conversations can happen beforehand. People don't wind up making an application. It's what we're gonna be asked to vote on that I wanna know is in writing or has been said in a public room in front of everybody who can hear it and now go online and look at it. So I'm asking a more general question. I mean, if you have a meeting as staff with a commissioner and an applicant, does that get boiled down and reduced to staff report? Usually. No, that does not. But any notes that would be taken and anything that they left that we had as a takeaway would be buoyable. Okay. One of the important things that we do as commissioners, oftentimes board members can't do because of time constraints, is we do site visits with staff. If something is in Marshall District, I don't want to make a comment to my fellow commissioners about what I think we should do if I haven't seen the property. Don't know what it looks like. But that's basically invariably the applicant is there. And the staff can ask questions and we can ask questions and we walk away much better in form. And then there are other times, and I realize that the commissioners have limited time resources themselves. And most often, I feel that the site visit provides me with the information that I don't need to encumber my fellow commissioners with all going out and doing a site visit. But there are other times where I believe in we've got two today that I think the full commission will benefit because even if there's not citizen concern we're here to represent the health safety and welfare of the community so we need to look at the impacts that a change in land use would have. So I think that basically you're meeting with, it's the applicant's property, so you're usually meeting with the applicant but always with staff. Mr. Chairman. I don't disagree with what he said. I would point out that on the agenda that anybody can go to today or even a week ago for fallcare county On the agenda it says at 11.15 a.m. We're gonna be going to on these sight visits Somebody else I'm asking a question now, but I assume that somebody else is an announced meeting all of us are gonna be there Could drive up the driveway and listen to what we said. They were absolutely allowed to do that. The difference between that and a meeting happening in one of the county offices with county staff on a county application with a county commissioner or two or three, that is not announced, not known to the public, and where quite often, more likely than not, there's no minutes or anything about what actually happened. That's where I'm uncomfortable. But that's... So, when we have made site visits and it's been pointed out that no more than two commissioners can go or it has to be publicized What is the difference in two commissioners as a staff going on a site visit and not being publicized then three commissioners going on a site visit and not being publicized, then three commissioners going on a site visit. Myad comfort level. And then also what's, if minutes were taken, what would be written down? Well, that's, what I'm talking about. It's only, it's usually only actionable items. And you don't normally make actionable items or informational items. I know. Which I don't think has minutes have to be written for information. But I've got a question back to Commissioner Herbert. It said, Planned Commission is whistle to need with applicants with a public about a potential current application to do so with staff present. So I will sometimes visit a couple of neighbors close to an application location just to see what they say or every one of us runs into people at the store or at the fair or anywhere and every month and several times a month. This should be written so that we don't think that we can talk to people. If you did that, there would be no commissioners, because nobody's going to just stay out of the public and not talk to anybody. That's this part of life. So you should be able to run into people and chat with them. Well, I don't think that there's anything in this protocol or guideline that's saying you can't have a diminimous conversation. I've been stopped before on various topics and I say, you know, do you mur- do murally? Thank you. I appreciate that. You know what? You really should come to our next planning commission meeting or to our work session to hear for yourself what's going on. I sincerely appreciate you bringing that to my attention. Thank you. I just think that there's a way, I just think that there's a common sense way to say, to not get dragged into an hour and a half wrong conversation about an application that's upcoming or that has the potential to be upcoming. I don't see that diminimous conversations are the problem here. Well, it's more than a small conversation like that. Sometimes you're getting into details with somebody that you bump into in the store. I think that's a, it's an unintentional violation of this protocol. That was not, it's not a violation. Just bumping into somebody and talking to them about details. That's, I know. But seeking out, going, I'm not saying seeking out. I'm saying bump into somebody. Are you talking about going to visit a neighbor? Yeah. Well, I think that's an unintentional violation of this policy. And we can change the policy if we need to. But I try and be very careful when, because we all get inquiries. And I just think that I find invariably that even if it's in Marshall District and I've done a site visit, I don't know all I should know if someone's interested until I have a meeting with that interested party and staff. And then invariably, I learned something that I didn't know the same way if I don't do a site visit. I'm ignorant of something that might come up as part of the public hearing that I should know about. And some of them are very simple. And once again, I don't want to encumber the schedules of the full commission on something that's simple and straightforward. But occasionally, usually I rely on staff for this. I say when I initially make the inquiry, I want to do the site visit. Is this something that the full commission needs to see? And staff will say yes or no and explain why. No you go ahead. Go ahead and then I'll close. And it also, there are some feelings here that are important. Even though I don't have one left, I don't wanna lose that one. So, perception, if the public forums that I'm talking about, if you don't attend, there is that perception that you really don't care. And I think, and we'll have a have a different opinion. So you you can attend these and make it very clear that you're there for observation only. You have zero comment about anything. And if you ask a question, no comment. So could it be that for some of those, I mean could there be a note taker? I mean, I know that I've sat with staff and applicant listened and asked one question. Maybe that's introduced myself and asked one question, but pretty much just sat and listened. So could there be an official note taker at, you know, the coffee shop meeting with an applicant that invited all of the surrounding, you know, all of the affected residents. Could there be a official note taker from community development staff so that if there is anything that is said by a commissioner, it is recorded, it is voyable, it, I mean, I don't know. I, I, I, yeah, there could be. And I think you all have had a lot of good comments today, a lot of good exchange of information. Let us look what other jurisdictions do and have some conversations with the county attorney. And then we can bring back some items for discussion. You know, it is interesting. I haven't looked at this particular section on planning commissions in the Code of Virginia since I was first appointed. But it is interesting. I haven't looked at this particular section on planning commissions in the Code of Virginia since I was first appointed, but it is really limited. It's far as what we're held to. Like it's, there's really nothing here, except that we exist and we will have meetings on a regular schedule, but there's no- We know how important it is. And no matter what comes out of this, I just want to the commission's know. I respect all of your opinions on what you think that you can and cannot do. And we just, we go down that road. I appreciate you saying that. And I feel the same way. I'm just saying where my level of comfort is. And I don't agree with everybody and everybody who all the remarks made. But also you said, we are on the phone. Sure. Yes, ma'am, you're going to wrap this up. OK, before I move on, I do believe, Mr. Lee wants to say something about the residential rezoning policy before we go to Commissioner's time. So the residential rezoning policy will be related to residential rezoning and civil condition. Microphone ball. Yeah. Thank you. Related to residential rezoning that were subject to profits, it came in response. Kevin Burke drafted it. He went over with me when he drafted it. I thought it was a reasonable reaction to overreach on the part of the General Assembly in 2016. And by 2019, the General Assembly agreed that it really didn't make much sense. And I have in front of me the revised 2019 section 19 section of the code that basically said there are a number of pertinent parts and it refers only to the governing body and not to the planning commission, but they added a section that said notwithstanding any provision in this section to the contrary, nothing contained herein shall be deemed or interpreted to prohibit or require communications between an applicant or owner in the locality. And so we've had with the Arenton a major, a major planned residential development that based on the resolution that was adopted in 2016, we couldn't engage in discussions unrelated to money and all of those other things that you get with Prophers. And it was because of that resolution. And because the General Assembly saw the error of its way. I think it's time to revise the resolution that was adopted by the governing body, the Board of Supervisors in 2016, to conform to the Virginia code with regard to defining what unreasonable offers are, which have to be now in writing and have to be by the governing body, not the Planning Commission or staff to be deemed unreasonable. So I think with some minor revisions we can bring our policy in conformance with the revised code of Virginia. And I realized that it came from the county attorney's office Kevin went over with me and at the time it was done, I thought it was necessary and appropriate. After 2019, I think it's no longer appropriate in its present form and it ought to be revised to conform with the code. Very good. Thank you and we will. I know you have shared that with some board members and I will do that as well and with the county attorney's office. There's a document that I'll give to staff that points out all the changes that were made and it's strictly relates to the governing body. Planning commission isn't mentioned at all. Okay. Thank you very much. Okay, that brings you to commissioners time. Miss Hervin. You all heard from me a lot today. And enjoy it. Happy? I am. I don't know how many things. Miss Fuling. I would say other business, anything else? I have just a few announcements before you leave for your site visit. The board last week, post-pone action on the zoning ordinance text amendment related to properties historically being used for commercial that you all recommended approval of. Next month on your agenda will of course be anything that you do not act on this evening anticipated on the regular agenda will be a preliminary plat for partisan's reach 88 single-family residential in the Marshall district. R2, private street waivers for a one-lot family subdivision in the Cedar Run District in the Mooresville area. As far as public hearings, a tourist home in the Cedar Run District. It is not a tourist home that would meet the administrative of the pending legislation. So that one will be coming. Greenwich Meadows is for a water tower and a comprehensive compliance review for a 40-lots subdivision in the Cedar Run District, a major home occupation in the Lee district for eye contracting business. That concludes my announcements. You will be leaving right here at front Tin Hotel Street, the vehicles parked right out front. It's there now? It's there now. I told Keri I hope she didn't get a ticket and we will see you this evening. We are adjourned. Michael. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm sorry. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm sorry. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm sorry. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm sorry. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm sorry. I'm sorry. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Welcome everyone to the August 15th, 2012 session of the public and planning mission. Where's our agenda is the adoption of the agenda for our motion plates. So moved. Someone second there. I have a motion of a second. I'll be quickly singing about it saying aye. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second hearing section of this meeting. This is a public hearing to allow the commission to gather information, committance, and citizens on the agenda items. Citizens may speak in reference to each item on the agenda for a time usually limited to three minutes. Commission staff may ask questions at anyone attending the hearing. Speakers ask not to direct questions or comments to each other. Speakers are not allowed additional time for rebuttal. This is a hearing note of debate. Questions made to be directed to commissioners and community development staff during regular office hours. First item on our agenda is item A withdrawal from the Middellburg Marshall Agre Public Land Park. Dispreview, welcome to the morning. Thank you, good evening. Mr. Weisman is seeking to withdraw his 51-acre property from the Middleburg Marshall district. He's pursuing a permanent conservation held by the county and is already working with the county attorney's office on all of the necessary documents. The Ag Forest Committee recommended approval at their meeting last month. I'm happy to answer any questions. Any questions of staff at this point? Thank you Ms. Marshall. Open public caring. is there anyone here that would like to speak to this application? Please come forward stage you name Seeing none I close this public hearing and I do believe this is This trick the Marshall district. I recommend that we suggest to the Board of Supervisors consistent with the decision of the Agricultural and Forestal District unanimous vote that in consideration of the conversion of the open space, non-common open space, and the wiseman property to a perpetual conservation easements under the Open Space Land Act that it's appropriate to remove it from the agricultural and forestal district. Do I have a second? I have motion to second any further discussion on this matter. Hearing none, all those in favor please think without the saying aye. Aye. Any opposed, like, sign? Moving on to item B, zoning ordinance, text amendment, text TXT 24022647, is zoning ordinance, text amendment to Article 13, part one, section 13-0108, to require payment of delinquent real estate taxes and other delinquent leans prior to issuance of final approval of certain land use permits. Welcome. Thank you. Good evening, everyone. I'm here on behalf of the Faulkier County treasure to introduce the Sony Organist Tax Amendment, which is quite simple. It will simply require land use applicants to pay their delinquent real estate taxes and other leans that are due to the county in full before their final approval would be issued. We're here to ask that you forward this zoning ordinance tax amendment to the board with a recommendation for approval and I'm happy to answer any questions. Any questions of the applicant at this point? Thank you, please sign in. Thank you. Is anyone else like to speak to this application day? Please come forward. Seeing none. Close the public hearing. Matthew. Mr. Chair, I move that we forward this text amendment to the board of supervisors with the recommendation of approval. Second. I have a motion in a second. All those in favor please signify. I have a saying aye. Any opposed like Sen? Moving on to item C. Zoning ordinance text amendment to articles three, five, and 13 to develop standards and definitions for short term rentals. Good evening. This short term rentals are currently administered through the tourist home as a special permit. In April of 2024, the Board of State Advisors adopted an ordinance to require a certificate of registration with the Commissioner of Revenue and impose short-term rental tax effective on July 1 of 2024. As a result, the Board initiated zoning ordinance tax amendment to make short-term rentals its own category and to allow the use and seminses through the administrative permit process. Staff held work sessions with the Planning Commission in June and July to discuss what kind of standard should be administered to short-term rentals. This ordinance proposes short-term rentals by administrative permit and conservation, agriculture, rural residential, village, residential one unit per acre, commercial neighborhood and commercial village when the use meets all standards as found in section 5-503, which is a part of the resolution. If the standards are not met, it would be a special permit that would go to the Planning Commission and Board of Supervisors for approval. The standards we have suggested are that the operator lives on the property 183 days out of the year and lives on the property during the rental period or has a manager that designated within two miles of the property. That the property have direct access to a public street. If it does not have direct access and is on a private street. The applicant would need to prove that it meets a fire access road, which could be done through the fire marshal doing an inspection and determining whether it met their standards and they'd be required to notify all property owners using the easement of their intention for a short term rental by certified mail and give them 30 days of fine comment to the zoning administrator related to that. If they don't meet that standard then they again would be a special permit that would go to the board Occupancy would be the occupancy of the dwelling and the Health Department permit Sometimes health Department permit has more bedrooms and the occupancy so it would have both would have to match And if we're an ADU would be not more than three persons or two bedrooms for the zoning ordinance Parking would be designated on site and designated areas. It could not be on street. If we're on street parking, it would go to the Board of Supervisors as a special permit. The dwelling unit would have to have the fire safety requirements of smoke detectors and fire extinguishers. They would require to put together property management plan that would have all the safety information within that document where the hospital is, the no-phone number for the sheriff, the egress and the building, a floor plan that showed where the safety features are within the house, and other safety items. They would also, we also prohibit certain activities that we currently prohibit under the tourist home ordinance, which would be food service events, shooting and fireworks. And then the operator would be required to show a proof of registration to the zoning administrator with the commissioner of revenue as part of the administrative permit process. If they can meet all those standards then they would be process administratively, it would be good for a year with an administrative renewal. Special permit would be the board would have to determine how they would like it to be renewed whether administratively or to come back through their process. The board initiated this text amendment in June on June 13th of 2024. Staff recommend you hold a public hearing on this and forward the ordinance to I'm sorry resolution the board of supervisors. Do you have any questions? Any questions to staff? Thank you, Mr. Rogers. I open this public hearing. Anyone present would like to speak to this application? Please come forward. Seeing none, would you like to close this public hearing? Yes. Close this public hearing. I would move that we forward this short term Reynolds designation definition to the Board of Supervisors with a recommendation for approval. My rationale is that under the current zoning text we only have larger scale tourist homes and this creates an expedited administrative process that provides for the health safety and welfare of the community and expedites the process for landowners willing to have small scale short-term rental. And for those reasons, I think it's necessary and appropriate. We also have registration through the Commissioner of the Revenue, which I think is a step forward to and it yields transient occupancy tax to the county. So the motion is to move it forward to the board of supervisors with the recommendation for approval as drafted. Do I have a second? Second. I have a motion and a second. Any further discussion on this matter? All those in favor please think about saying aye. Aye. Any opposed like sign? We're moving on to item D on the agenda, special permit, Elk Run automotive and application for a category two special permit to allow an auto repair garage as a major home occupation. Welcome. Thank you, Mr. Chairman, members of the commission. The applicant is requesting a category two special permit for a major home occupation to operate an auto repair garage. Properties located at 1, 2, 3, 4, 6, Elkrand Road in Midland in the Cedar Run District. It is 5.12 acres and zoned agriculture with a land use of rural. The surrounding properties are zoned agriculture in residential, one unit per acre and have rural, residential, and agricultural uses. Elkron Automotive plans to provide repairs on three to six cars and light duty trucks daily. The business will utilize an existing approximately 1200 square foot, three bay detached garage. All vehicles will be stored in the garage or a new adjacent gravel parking area, which will be completely screened from view with fencing and or landscaping. Access for the auto repair garage is proposed from Patriot Way, a private road that runs adjacent to the south side of the applicant's property and serves several neighboring properties. The proposed hours of operation are from 8 a.m. to 5 p.m. Monday through Friday. Based on feedback from this morning's session, staff has prepared alternate conditions to address several concerns. You all have been provided copies. Condition number three has been revised to read, all ought to repair work shall take place within the existing detached garage with all doors closed. In staff's assessment, the applicant would be unable to comply with condition 12 regarding noise or strippings if repairs were conducted with the doors open, given the garage's garage's proximity to the property line. Condition 12, which states that no equipment or process used in such home occupations will create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the property is taken directly from the zoning ordinance standards for the operation of an auto repair garage as a major home occupation. To clarify the location of the parking area, condition number five has been revised to read the parking area. She'll be located outside of all required yards or setbacks and she'll be completely screened from view. And condition number 10 has been revised to read there shall be no more than six vehicles on site at any one time associated with the use as opposed to at any one time for service to tighten the definition of the total number of vehicles permitted. All other conditions have remained the same. These include typical conditions limiting the hours of operation, noise lighting and signage. Due to V.O.T.S. commercial entrance and access management spacing requirements for vehicular access must be exclusively from Patriot Way. The applicant must provide documentation of legal access to the private road before site plan approval. There will be no non-resident employees, no plumbing may be added to the garage. All petroleum and other liquid products are to be properly disposed off site and a change in use for the garage from personal only to commercial use and a site plan are required. We have received three letters of public comment, comment copies of which have been provided. I'm happy to answer any questions. Commissioner's any questions to staff at this point? Thank you, ma'am. Open is public hearing. Do you want to hear it like to speak to this application? Please come forward. Welcome, sir. Please state your name. William Sigmund. Yes, sir. Yes, sir. I'm the owner ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to ask the mayor to But yeah, all that is not that much true. We do have parties, yes. We have grandchildren. We have birthday parties. We've had gender reveal parties. We have barbecues. We don't have anything fully out of control. I mean, we came to the country to be happy and as for the noise I have no problem putting up the proper fencing. It's high as I need to go and I will work with the doors closed. I have no problem with that. Let's bet all I have to say. Any questions of the applicant at this point? Thank you, sir. Please sign in. Anyone else like to speak to this application? Please come forward. Mr. Smith, would you like to close public hearing? Yes, sir. I close public hearing? Yes, sir. A close public hearing. With the things that we added, especially the one I was most concerned about was number 10. No more than six vehicles at any one time associated with his use. I was a little concerned about the with all the works closed closed but the applicant just said he's okay with that. So with that and these changes that were made I recommend that we send this forward with these changes and recommend approval to the board of supervisors. And a motion do I have a second on that? So. I have a motion in a second. All those in favor please signify by saying aye. Aye. Any opposed like sign? Moving on to item E, Special Exception, Dincresse Farm, Kindles, and Application for a Category 13 Special Exception to allow our final Kindles on property under a Virginia door foundation easement. Welcome. Thank you again. As you mentioned, this is a category 13 special exception for a property under Virginia Outdoors Foundation easement. The property is just over 48 acres. The property is known to agriculture surrounding properties are also zoned agriculture. Predominantly residential and agricultural uses in most of the properties are under another permanent conservation easement. The applicants have requested a maximum of 14 dogs on the property, 12 dogs to be associated with the Middleburg Orange County Beagles and two of the property residents pets to be used in an existing kennel space in the barn. As you all saw on our site visit earlier this morning, there's two indoor rooms with two outdoor runs that feed into a larger play area and the dogs are proposed to be kept indoors at night. They will not be out in the runs or in the play yard. The applicants indicated the volunteers come to the property twice daily, once at around 8 in the morning and again at 5 in the evening to feed and care for the dogs. All of the dogs will be transported to hunt locations. In the truck and trailer they will not be departing on foot from the property. The included conditions, all use areas must be 100 feet from the property lines and eyes shown on the special exception exhibit. No more than 14 dogs housed on the property at any one time. The use shall be limited to boarding and training. Animal Shelby can find to a structure or a fenced area when not participating in any training. The use of outdoor areas limited to between 6 a.m. and 9 p.m. and always collected and transported for deposit in an authorized facility. Between the July Planning Commission meeting and August Planning Commission meeting, we received a total of 44 letters in support and 10 in opposition. I'm happy to answer any questions. Any questions or staff at this point? No, thank you, ma'am. Open as public hearing. Is anyone here? I'd like to speak to this application. Please come forward and state your name. Welcome, sir. Mr. Chairman, for the record, I'm Henry Day, and I represent the applicant. I've been at this podium before. I want to thank Cara for an excellent job of outlining all those things about the application. I remind you that this is a continuation of a public hearing held in July, at which there were approximately 10 people speaking in favor. We did not decide to bring out more people since for the record those people have supported the application. I'm glad to answer any questions, but given that we're at this first second time, I'm going to be as brief as possible. Any questions of the applicants representing at this point in time? Thank you, sir. Please sign in. Thank you. Anyone else like to speak to this application? Please come forward. Stay tuned in. Welcome, sir. Good evening. My name is Mark Wyatt. My wife, Nicole and I live at 747-0 Fox Mountain Lane, which is directly across from the applicant's property, directly West, separated by a toker road. So we're roughly 60, 70 feet apart. And we are here in opposition to the special exception 022267. I'd like to say, start off by saying that both Mr. Sender and the Walshers are good friends, they're good neighbors, there's never been any issue. In fact, we allow them regular use through our property on federal use. They can ride through any time they want. We've always supported the hunt. We allow the hunt through our property. And we've all supported the M.O.C. Beagles. In fact, my daughter used to be eagle with the M.O.C. Beagles. And we have supported to that organization financially over the years. Our opposition is strictly based on noise, and the noise that this use would generate, it's not anything to do with the applicants. So I just want to be very clear about that. That being said, there are a few issues with the application that I want to address. And those issues have caused a number of the neighbors concern. The applicants statement of justification on page 5, clearly states, quote, a joining property owners have been notified of the project and there have been no objections to the count. That's simply not true. Since this application was made public, you've received ten letters of opposition from surrounding properties and those properties represent about 2,000 acres of land. So it's not a insignificant representation of the area. The on July 18th, Mr. Sender requested a postponement of the public hearing. The reason for that is none of the neighbors knew anything about this application. This is from his request. Quote. Excuse me. This application was a complete surprise to most of my neighbors. This is to the Plenty Commission. To Kara. My purpose is asking for this delay. So I have the opportunity to have a discussion with all of my interested neighbors. To date, we have not received any letter from Mr. Sender, any invitation for a meeting to discuss this. So unfortunately we have to come here in a public forum and voice our opposition when we're hopeful that as the neighbors we could have a conversation and see if we could come to some amenable solution. I firmly believe that Milton and the Walsh's have good intentions. However, I don't think they have a full understanding of the noise and the impact that this is gonna have on surrounding property owners. So I don't wanna be here. I don't wanna be speaking against my neighbors and friends, but I also wanna protect my property and my property rights. And I think any one of you would do the same if put in this situation. So I appreciate your consideration. Thank you, sir. Please sign in. Anyone else like to speak to this application? Please come forward. If you want to speak to the application, please come forward. Thank you. Welcome sir. Thank you. Thank you very much. My name is Sam UC. We have the farm that a buts on a toka road in goose creek. So we're directly on a toocca beside them and Goose Creek would strictly border them. It's rather unfortunate. We've moved in less than three months ago and became aware of this, had no knowledge of it beforehand and thought it was a foregone conclusion. We had of course read what was in the, you know, the, the, the, the submittal that it was approved by all the landowners, but you know think when this letter came out and approved that you know there was a number that it were not not we were not positioned so when we acquired the property you know it's basically the dream property we've been looking for it has to addition will a joining development lots our daughter desires to build on one of those lots she is is less than 1,000 feet directly across the street from the proposed kennel with a direct line of sight to the property. Obviously, this is causing her great concern. If it were to go forward, it likely would deter her ability to enjoy that property and be able to build a residence there. To support the claim of the noise, you know, there's substantial public data on kennels and noise from similar cases in Virginia. As one example, there's an organization known as the community environmental defense services at CEDS. This is a national firm that represents kennels across the country, including one here in Northern Virginia. The data that indicates the kennels can regularly exceed 100 decibels. Beagles are known for being one of the lattice breeds. I don't think that's a big surprise to a number of folks here are familiar with beagles. According to seed's data, a sound level of 100 decibels at 50 feet would increase to approximately 81, would decrease to approximately 81 decibels at 474 to 1000. Falker County has clear guidance on noise measurements criteria as stated in chapter 13 of the county's Odin owners. The regulation states that the noise levels must remain below 65 decibels at the emitters property line. A sound exceeding this level for greater than five minutes in any 24-hour period is a violation. For the application, it specifies that the kennel is within 240 feet of the nearest property line. It's likely that this have a look to such a level at the previous data that's shown in even 400 feet, which this is even closer as at 81, likely to be submitted. It's my understanding that is not a good one. I would say that the council will consider that as well as they're looking for the approval of a new location with similar concerns. I will say this is the first property we own in Falker County and I think it's important that we are not new to the council. I would hope that the council will consider that as well as they're looking for the approval of a new location with similar concerns. I will say this is the first property we own in Falkier County and I think it's important that we're not new to the area. We're new to Falkier County. We have a number of properties in Laudan County. I have one very short distance with nearly 150 acres. We support the hot activities. We host meats. We understand what this is all about and we love the spirit of it. I think the important thing is we also understand the noise that comes from it and things that you love the most can become overwhelming if they're 24-7. And so I thank you very much for hearing me today and I hope you consider the concerns of myself and the surrounding neighbors. Thank you. Please sign in, sir. Anyone else like to speak to this application? Please come forward. Yes, ma'am. Welcome. Thank you. My name is Catherine McLeod. I live right across from Dentchrist Farm. There's just a Toka road between us. A number of neighbors were not able to come to the first meeting because the first thing we heard about these plans came in a letter maybe a week or less before the meeting and some of us, if being summertime, were on vacation, others had previous engagements, so we're very glad there is a second hearing. As I said, I live right across from Dengrist Farm. I have lived there for a long time and from the very beginning, I've supported the Fox Hunt. But I don't believe that Dundgrenst Farm is an appropriate location for the Beagle Kennels. It's not in keeping with our area and I would believe or want to believe that the MOC Beagles could partner with existing kennels instead of starting this complete new location. Thank you. Thank you, ma'am. Please say it. Anyone else like to speak to this application? Please come forward. Welcome. Thank you very much. My name is Susan Long, and I also live directly across from the proposed kennels. I love animals. I support the hunt. I like kids. And I can also appreciate the difficulty of applicant trying to find appropriate location for this kennel. Not easy, but the location is not across Atoka. This is a special exception permit, as being requested, because the proposed use is not to house approximately 14 vehicles. Undeniable the loudest and most consistent barkers and most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and the most consistent and select population of youngsters. These youngsters are wishing to participate, learn, and elite sport. The sporters themselves would not be using the facility, rather it would be used to have house and implement of their sport, the hunting dogs. It's not a storage facility for sporting equipment like golf clubs or soccer balls. This is a request to allow the relocation of animals known to be incredibly loud and noisy. In proximity to established homes, however not in proximity to the residents of the supporters, the volunteers, or the owners of the application. The proposal states that the facility will be run by volunteers. These volunteers would have a limited exposure to the constant noise and in fact they'll only come two times. The kennels and the dogs will be out according to the application from six o'clock in the morning until 9 o'clock at night. What a fun dinner party that will be. And I don't know about you. I mean, I get up kind of around 6 o'clock, but I'd rather not be to a beagle. The proposed, the benefactors using these animals offsite for the sport will never be inconvenienced by the noise created by these kennels. The burden is to be endured solely by the neighbors and the residents living there now. Although hunting is part of our local culture, it is an elite sport enjoyed by a limited number of fortunate participants. Approving a special exemption permit to facilitate the housing of undeniable loud barking sporting animals to the burden of the individuals receiving no benefit. For a limited use by a handful of individuals does not meet the standard of neighborhood compatibility or public interest. Those of us living in proximity to this proposed kennel have a right to quiet enjoyment of our homes and that should be the primary consideration of this board. I strongly encourage denial of this request for special exemption. Thank you. Thank you. Please sign in. Is there anyone else that would like to speak to this application? Please come forward. Seeing none, Mr. Lee, would you like to close the public hearing? Yes, I'd like to close it. Close the public hearing. Two comments in the motion. First of all, I'd like to commend my fellow commissioners for taking the detailed side visit to that. I think it's part of our concern across that it's important that we visit properties that are up for consideration for discretionary land use. Some of us have visited before. This time before commission went and visited we understood and understand the way the neighbors are. Under the regulations that the county has, individuals can have as many as 12 cannot have without having to come forward for a minor panel. This is 12 vehicles and several two dogs, maximum 14 total, two dogs, one on one, they're post-ordering on the property. So some other history, previously at the less appropriate site with post-ordering papers, they're planning permission to recommend a unanimous link to the board's consideration that all things considered that the panel could and should be okay. That has happened. This is a much better site, I can say, from having visited the previous site. And for that reason, based on the site visit, that the entire commission had today with staff, the findings at staff has and the regulations that would be in place. I move that we recommend to the board of supervisors and that the special exception be granted subject to all the conditions that have been placed in special exception by the staff. Have a motion, do I have a second? Second. Have a motion, a second. Is there any further discussion on this matter? I think it's worth saying that in the site, and I wasn't on the commission when the previous application was approved. I'll recommend it for approval. I was, we were, we were shown the various ways when we went into the physical place. We, we were briefed on the things that are going to be done to try to limit the amount of stimulation these vehicles have, where they tend to bark, et cetera, et cetera. And we have a map here that is part of the materials, part of the public materials that shows that the nearest houses across the Toca-Rollard are considerably further away than I thought we were being told in this public hearing. Is that correct? I mean, if you all looked at the map that we, this online, it says that the thoughts about Lane House is 3,200 feet from the proposed kennel site. The next nearest across the Toca road is 2,000 feet away from the ones on the property adjacent across the Cree's Creek, Guk, Guk Creek Road, 1250 feet. Is that not accurate? It's part, we didn't hear any comment on that in this hearing. So I have to take it. I did live with that actor because we had the border in houses. Well, the material has been online for a while. Do you want to have someone come up and speak to the? I'm sorry. I'm kind of enough new at this and I'm not sure I understand what the right process is. Maybe we should have staff come up to the podium. Fine. And let's see if we can get this. Okay. This is material that's been online for a couple of weeks now, right? Yes. So I went through and based on our GIS aerials that are available, I measured roughly from where the Kennel location is to the closest residential structure. And those were the measurements that I got. I was not going to property lines. I was going to actual structures. And I measured to actual structures. And I measured to this structure, and that is a barn or riding ring of some kind, not a residence. I was able to decipher that. Thank you, Ms. Marshall. Thank you, Mr. Chairman. Yes. That's right. Yeah. Sorry. I rarely allow this, but it has to do with the measurement. Would you please come up and address the full commission? I'd come up to the podium, please. OK. Good. I'll put that back up there. I can point to where there's other residents. OK. OK. Yeah. One of the energy views. Okay. This right here is a three bedroom stone cottage. Direct lines like post kennel. This right here is a farm manager's apartment who's also very much opposed to it. Directly processed tree right here. This right here is the one in my daughter has proposed to be on and that's I'm not sure what the measurement is I didn't measure it all the way back to there I just looked more at the property line and I also as I mentioned earlier looked at the you know the ordinance the Parkier County ordinance and it doesn't have to deal with distances to neighboring properties. It has to deal with the noise admittance at the emitters line, which is 240 feet. And based on the data that, I just provided and data that's public available, it's going to be virtually impossible to be under that number. So thank you. Thank you. Thank you. Okay. Does this information have any bearing on your motion? No. No. The noise ordinance can be enforced by the county. If people believe that the use of the property is violating the noise ordinance they can make a complaint it can be investigated and appropriate action can be taken. Do I have a second on this motion? Second. I have a motion of a second. Is there any further discussion on this matter? Because of what Bob just said that the noise ordinance can be enforced, that would, that does make a difference and that does give any neighbors something that they can do if it is a problem. With the conditions that go along, do you have something you would say? No, I was have something to say? No, just turn it to look. Okay. With the conditions that go along with approval of this, should this permit be approved, it's not just a noise, it's any of the conditions. If they are violated whatsoever, that permit can be suspended. Is that not right, Ms. Meade? Is that correct? There is a process, but yes, that's correct. Yes, it's going to process to go through, but it can be suspended. I have a motion to second. All those in favor please signify by saying aye. Aye. Any opposed, like sign? Moving on now to item F, St. Patrick's Orthodox Church and School and application. Everybody a chance if they don't stay there, don't they? Excuse me? Do you want to give people a chance to leave us at all? Oh, yeah. If anyone wants to leave, you may. We'll give you just a moment. Thank you. It's all yours, Ms. Marsh. Okay. It's all yours. Thank you. St. Patrick's, St. Patrick Orthodox Church in school is seeking a category six special exception for a major place of worship, a category five special exception for a primary school, a category five special permit for a preschool, and a category 20 special exception for a sewage treatment system. The property is located off of Old Marsh Road in Bielton. It's just under 11 acres, zoneoned Village, part of the village of Liberty. Surrounding properties are also Zoned Village and Agriculture and predominantly residential and agricultural uses. The comprehensive plan includes goals from the villages chapter to maintain the unique visual identity of villages, incorporate new development in a way that complements existing communities, and conserve, protect and restore village cultural resources while preserving these assets for future generations. As the property is also part of the rural lands, chapter 8, the rural land use plan also applies and special consideration should be paid as to whether or not the use is agriculturally and virally compatible in scale and intensity, whether it poses a threat to public safety and welfare, whether it contributes to the preservation of historically significant structures or landscapes, and whether it helps to preserve farmland and open space. There is an existing approval for St. Patrick's Orthodox Church, does not include the school located about half a mile north on Balls Mill at the intersection of Balls Mill Road and Route 17. The request is for an overall campus that includes a place of worship, a parish hall, preschool, primary school, and an activity building. The place of worship portion of the structure is just over 27,000 square feet and will have a 300 seat sanctuary with a finished basement for Sunday school classrooms and other weekly meeting spaces. The parish hall, which will be attached to that, is just under 13,000 square feet and will include a kitchen, bathrooms, nursery, choir room, meeting space for ministry needs and staff, and will be used for Sunday, potluck lunches, fellowships space after midweek services, and as a school lunchroom once the school portion has been completed. The hours of operation for the church are generally 6.30 am to 7.30 pm and the other activities ending by 10 pm. They have weekdays or Sunday weekly service with 300 people. They have morning and evening prayers daily Monday through Saturday that have about 30 people weekday mask with up to 75 people, two to three meetings or classes held during the week with up to 20 people and major events such as weddings or holidays would have up to 200 people. And then the church staff offices have anywhere from one to five people. The school component is 8,400 square feet and 150 students and 25 staff. The school component is 8400 square feet and is 150 students and 25 staff. The primary school is 135 students. The primary school operates Monday through Thursday, 8 a.m. to 3 30 p.m. There's just under 13,000 square foot fenced outdoor recreation area shown on the special exception plat for grades kindergarten to eight. The preschool is proposed to have 15 students. They have pre-school, they're proposing pre-school Monday and Wednesday from 8 a.m. to 3 30 p.m. with a 1,500 square foot fenced outdoor recreation area for preschoolers. The sewage treatment system is a doced system with a capacity of 2,400 gallons per day. They've proposed a private well on a water supply well lot that the site has tentatively been approved for construction by the Health Department's Office of Drinking Water. They've shown an underground fire storage tank, as shown on the special exception plant. It is on the well lot after this morning's work session. We have included a condition that the underground fire storage tank shall not be located on the well lot. 153 parking spaces, stormwater management, landscaping along Old Marsh Road, the eastern and western property lines, and adjacent to the southern parking lot boundary and the church school activity building. They've also requested three years to establish or diligently pursue the use instead of the one typically required by the zoning ordinance. These zoning ordinance requires direct access to a road designated as a major collector or hire by the comprehensive plan. Old Marsh Road is designated as a local road, so there's a required finding that the type and amount of traffic generated by the use will not cause undue impact on the neighbors or adversely affect the safety of road usage. The zoning ordinance also requires a finding for any category 20 use proposed in a residential district that there's not a commercial or industrial site that is more suitable. So just overall to evaluate to make sure the use does not adversely affect the development or use of neighboring properties or cause any unintended traffic impacts and is consistent with the comprehensive plan. The included conditions that the use be limited to the place of worship, preschool, primary school, and other incidental uses. The place of worship hours shall be 6.30 a.m. to 7.30 p.m. no more than 300 people at Sunday service. Morning and evening prayers may be held every day with a maximum of 30 people in weekday services, Monday through Thursday with a maximum of 75 people. The included conditions for the preschool and primary school, 8 a.m. to 3 30 p.m. Monday through Thursday for the primary school, 100 and the preschool, the preschool is Monday and sorry, backwards. 8 a.m. to 3 30 p.m. Monday through Thursday for primary school and preschool. 135 primary school students and 25 staff, the preschool limited to 15 students after the morning work session, we have updated that to rather than at one time, 15 students per day to stop any potential 15 student morning sessions and 15 student afternoon sessions. I'm children shall be 14 or younger at the beginning of each school year. The outdoor recreation area shall be fully fenced with a non-scalable fence and supervised win-and-use with square footed restrictions and student restrictions based on zoning ordinance requirements. Three meetings per week associated with the police of worship preschool or primary school with no more than 20 people. zoning ordinance requirements. Three meetings per week associated with the Police of Worship Pre-School or Primary School, with no more than 20 people. All activities shall be accessory to these uses with no more than one activity per week, no more than two activities per month with the maximum attendance of 200 people. This would not include activities associated with their Sunday service, such as their potluck lunch, and all activities shall end by 10pm. No cooking unless a commercial kitchen is approved by the health department. The sewage treatment system, so I'll have maximum capacity of 2400 gallons per day. All parking and loading areas shall be effectively screened as well as any facilities associated with the sewage treatment system not in a building. Exterior lighting shall be designed and installed so that direct rays are combined to the site and adjacent properties are protected from glare. Parking lot lighting shall be the maximum of 14 feet above grade. Building and walkway lighting shall be limited to pathway or ballard-style lights. All applicable health department, VDOT. Building and zoning permits shall be obtained. The on-site well waters shall not be used to fill the underground fire storage tank. As I mentioned, the underground fire storage tank shall not be on the well lot. A right turn lane and any other improvements to the entrance or exit shall be completed prior to commencement of the use. Emergency vehicle access maintained at all times. A site plan shall be required and the use shall be established or diligently pursued within three years of approval. We did discuss that this morning's work session, the applicant's two requests on changes for the underground fire storage tank and the turn lane. We did not make any changes to the conditions following this morning's work session. Happy to answer any questions. Any questions to staff at this point? I apologize. I do have one question that arose for me after work session this morning. I did notice that based on the property lines Some of this property encompasses other property owners buildings. Is that correct? Are you asking based on the aerials? Actually on the plat drawings actually on the plat drawings. Um, slide, slide, slide, slide. Sorry. Uh, the, um, this one, the very last one. Yeah. It does look. So I overlaid their special exception plat with the aerial. And sometimes the way the aerials skew things, the property lines are not necessarily aligned with, okay, the actual lines. I believe they did have the property surveyed based on the stakes that we saw out there at our site visit this morning. Thank you. Any other questions? Thank you, Ms. Marshall. Open public hearing. Anyone present, like to speak to this application, please come forward, state your name. Welcome. Thank you, state your name. Welcome. Thank you. Thank you, Chairman Meadows and board. My name is Katie Newberger. I'm the parish administrator at St. Patrick Orthodox Church. I'm here with a few representatives from our parish council and our project team and some supportive parishioners. And I just wanted to start by thanking you for considering our project. I wanted to only take a few minutes to give you a little bit more of an idea of our vision for this property and our community culture that would give you a little bit more than what might fit in a staff report. Our church community values a quiet, peaceful, family-oriented way of life. We're the kind of people that are always talking about good books. We're always gathered around delicious food. And we have a strong shared value of learning to do things ourselves and taking time to do things well and doing them beautifully. Our parking lot is full of hardworking minivans and trucks and about a third of our parishes under the age of 12. Our fridge is usually stuffed with produce and stacks of half dozen eggs from personers swapping produce from their gardens and chicken coops. And so that's that's the kind of people we are in the kind of community we built, or a really tight knit group. This area has been our home for a while now. We're already part of the neighborhood and invested in this community. As we've started to outgrow our current space, we knew we didn't want to go far. For the new property, our hope is to create a space that is beautiful, quiet, and peaceful, and a blessing to the community. That's something that can be enjoyed and bring something positive to the area. Our design inspiration has come from small English country churches and their kind of timeless weathered elegance that really stands the test of time we want to build for generations to come to enjoy this space. With that being said, this property will give us room to grow, but it's never in our intent to become a mega church that keeps its expanding. We believe that our ministry is most effective when we stay relatively small. And if we ever start growing towards our capacity, our vision is to plant a mission church in a neighboring region, you know, 45 minutes down the road rather than continue and expanding so that we can continue to preserve that small close-knit community feel. We also wanted to state that the numbers we've given are kind of our projected maximum at the limit that we anticipate growing very slowly towards those numbers and may never reach them, especially for, well, most of those numbers may take years, years and years for us to ever reach that point. In preparation for this meeting, I did reach out to 60 of the, all the neighbors within a half mile radius on that same side of 17. I didn't cross the highway, but I reached out to all the neighbors that I could contact. I heard back from about six of them, most of which just wanted to be informed. None of them raised very serious issues. One of our close neighbors brought up that was happy to have a church nearby, but also noticed that they already have quite a few cars speeding down the road as you noticed in the site visit. So, but thankfully we were really glad to have, at least our first encounters with the neighbors be generally positive with no major, no one seemed to upset right off the bat. I did want to mention that the traffic numbers again are kind of max of full capacity. I'm hoping obviously as a church in the school our traffic will be really predictable where a bunch of responsible drivers and it will be really obvious that when things are happening related to the school pick up and drop off, related to Sunday mornings. So I'm hoping that, especially with any school activity, arrivals are very staggered, which I think will also help mitigate any backups related to church activities. We're even hopeful that our presence, well I know that that that we need to take steps to to mitigate those backups to preserve a culture of safety. I'm also hopeful that our being there as a church will have a positive impact on the on the community culture as a whole that the activities and the presence of the school may actually provide a stable structure that encourages safe driving and slower speeds in that road. As well as just the atmosphere of our community bringing to the area, we hope that that's a benefit and a blessing and not just something that's unsettling. Again, we really want this to be a lovely and welcoming space for the community and we are grateful for you considering our application. Thank you. Thank you, please sign in. Is there anyone else that would like to speak to this application? Please come forward. Welcome, sir. Thank you, my name is Chris Whitley. I'm not used to public speaking but I'll do my best. I live at 10404 Old Marsh Road and we abut the property. Also here with us is our neighbor Brenda who also abuts the property. If you look in the little L shape on the picture, we're both of those two properties Our concerns are traffic you're talking about a huge huge traffic volume on our tiny little road We don't have any sidewalks. We don't we have eight inches from the pavement to the ditch There's no line of sight around that curb where they intend to put that commercial entrance I don't know what the county ordinance are. I tried to read them, but it's definitely something about line of sight and speed. You're adding 600, total of 646 vehicles a day on that road. And that's an extreme amount of vehicles for that tiny little road. Also, they have a report from the Virginia Wetlands Company or whatever that says that the pond on my property is not stormwater, that it's an ornamental pond, which is absolutely incorrect. There's a 16-inch culvert that goes under Old Marsh Road from the north side of the road to the south side of the road that empties into that pond. On the south side of the road to the west of my property, all the covert and drainage goes into my property through a ditch and under my driveway into that pond and it exits and goes across that property in that wetland where the trees are. So we have a major concern that if our basement is about 18 inches below the top of that pond in about 12 and a half inches above that wet area back there. So if there's any backup or if they change the elevation of that property, it's going to flood my basement. We don't have any problems with churches. We don't have any problems with schools. But this is a very large project for what should be a community church area. This is not a community church that we're aware of. I know that they're on the corner. They have a lot of people. I don't know a single person on my block other than the pastor at the end of the road that goes to that church. So they're bringing all this traffic is going to be coming in. It's not people who are going to walk into church from the community. Anyway, I know there's two culverts off of 17. They could have a diesel lane and an ex-cell lane coming in at property on the back of it. And if that was the case, then I don't think we would have too many concerns. But as far as bringing that traffic, if they can't get a diesel and and X L A off 17 because the D of T, V dot won't let them then that's an awful lot of traffic to be shoving down our road. That's where we stand. Thank you for your time. Thank you, please sign in. Is there anyone else who'd like to speak to this application? Please come forward. Welcome, sir. Good evening, Mr. Chairman and commissioners. My name is Harry Reineke. I'm resident of Goldvane, a member of St. Patrick's Church. My children go to St. Patrick's School. I think the comment about 643 vehicles a day is not at all what the application shows, but I will let you all be the judge. As Katie said, let me correct you right off the bat. They are trips, that's not vehicles. They are trips that are made. Right. But still, a Sunday is, we're talking 300 people. We are a community of families. We have some families that are approaching 10 people per family in one vehicle. We have a lot of families that have, you know, 2, 3, 4, 5 children, plus 2 parents, one vehicle. So those numbers of people do not equal vehicles. That's just the nature of communities, multi-generational family communities. Most of our parishioners do come from Falkier County. They might not be in the neighborhood. We'd love to buy more homes in the neighborhood, but no one's selling because it's such a great neighborhood. But our culture as a community, just piggybacking off of what Katie said, is definitely one that appreciates the quiet enjoyment of the space that we have and the people that we surround ourselves with. We aren't at all looking to do anything to interfere with anybody's user enjoyment of anything that they own and love. We're just looking for a place, a beautiful place to worship. Our parish is known within our religious organization across the nation as a gem of a community. We're just looking to also have a gem of a property to go with it. Thank you. Thank you. Please sign in. Anyone else like to speak to this application? Please come forward. Welcome. Yes, Mr. Chairman. I'm Marvin Henshey, with Henshey and Baines Engineering, I have a co-pepper. We're the Civil Engineers for the project. And I'm here to answer any questions any technical questions might have. I did follow up on the item after the meeting this morning regarding the fire storage tank called Jeremy Hall the regional field director for officer drinking water and he said they only are concerned with possible points of contamination and he said the fire storage tank would not be a problem. It's proximity to the well itself and it could be on the well lot. I think it's a minor issue because we do have room to move it but I just would add that. And also if there's any other questions or a technical nature, I'll be happy to turn it. Answer them. Any questions of this speaker? When we were out there, and earlier today too, there was some discussion about the possible turn lane. And he didn't look to me like that road had much room for a turn lane too. How would that work? It's we have the property itself does not have 50 feet of dedicated right away. We would have to dedicate 25 feet on our side. I think right now our portion is just a 15 foot prescriptive. Prescriptive. So we would have to dedicate some property to get that widening in. And also looking to our left as I guess as we pull out of the site, we may need an easement to do some grading on the joint and property to get that site distance. That bank would have to be cut down a little bit. So the answer is you would need to be able to use some of the neighboring property in order to make the entrance where you want to have it be and have it turned light. Possibly. We're still looking at that. Not sure. It's really tight because also the neighboring in property has they do have a dedicated right away in front of there so there's a little bit more right away but we will have to cut that bank back a little bit to achieve that line of sight across that property. I'm not sure if we can keep all that on the site or not. It's close. Thank you. Any other questions? Sure. Thank you any other questions Sure, thank you, please sign in is there anyone else that would like to speak to this please come forward We're learning also ma'am The gentleman was just talking about as my property Where they would maybe have to your name, please ma'am. I'm sorry, Brenda Mollette. Thank you. I just really wanted to say I definitely have nothing against churches. I spoke with Katie today. She was very nice to come and talk to me about my concerns. And I don't know enough to know what my concerns are except our road is incredible. I'm sorry, Brenda Mollette. Thank you. Thank you. I just really wanted to say I definitely have nothing against churches. I spoke with Katie today. It was very nice to come and talk to me about my concerns. And I don't know enough to know what my concerns are, except our road is incredibly busy with traffic. People cut through our road all the time to get to Balls Mill and to get out to 17. And they fly up and down the road. This be the limit's 35. Nobody goes 35 miles an hour. I used to walk all the time. And I don't walk anymore on our street because I'm afraid of getting hit by a car. And I have been like, I've had to jump off the road to keep from not getting hit by somebody and fall in a ditch. Well now I've got bad back and bad knees and has nothing to do with that, but I can't be according to fall in a ditch, so I just don't walk anymore. That's basically it, and then where they're talking about putting the road is right by the shed where my house is. And if my husband were here, he would know all the things to say and do, but he passed away 14 months ago. So I know this has nothing to do with this, but I'm just trying to learn how to do the things I have to learn how to do. And it's really hard. So I mean, I'm nervous about it. I'm shaking. I'm nervous about the whole idea, but I do think a church is a wonderful thing. I go to the church right down around the corner from the church that's going to open up if they get to do that. I just worry about the traffic on the road and I don't know if there's a certain amount of space that they have to leave between my shed and the road they're going to put in. But I would assume there's some kind of certain amount they have to leave. They can't put the road right're going to put in. I would assume there's some kind of certain amount. They have to leave. They can't put the road right next. I mean, on top of my shed, I don't know how that works. But I think that's all I have to say. Thank you, ma'am. Thank you. Please, Sanyan. Thank you. Anyone else like to speak to this application, please come forward. Welcome, sir. Thank you. My name is Jim Newberger, and I serve on the Paris Council at St. Patrick's or Fedox Church. Thank you for considering our project, and thank you for giving me an opportunity to say a few words. We've talked a lot about numbers tonight, all sorts of numbers, but I wanted to take just a few minutes to share some of my personal experiences to share a different aspect about our community. Like many of us about nine years ago, I found myself very disillusioned. It gave up on church. So for about three years, I stayed at home on Sunday mornings. At the time I had a daughter who hadn't walked for about three years, a friend invited her to St. Patrick's and the young adults there made a schedule of volunteers who would drive 45 minutes to pick her up, take her to church, and then drive 45 minutes back to bring her home. I was so impressed by this generous kindness that I had to visit St. Patrick's for myself. I still remember my first visit and the warm genuine welcome that I received. That welcome made all the difference in helping me out of a place of isolation and restoring me to a warm loving community. In the years since that first visit in 2018, I've seen this story played out day after day with many beautiful variations. We all share a joyful potluck lunch every Sunday after church. Meals are quickly organized with families with new babies and for the sick. Every wedding is an all-hands-on-deck event They're quickly organized with families with new babies and for the sick. Every wedding is an all-handsle and deck event with everyone pitching in to organize, decorate, arrange flowers, set up, tear it down and clean up. And the vibrance of our community, it's hard to capture in words, but it's such that there are a non-small number of families that actually sold their homes so that they could move to a closer to our community. It's true. And as an usher that gets to meet and get to talk with the visitors that show up week after week, it really warms my heart to hear them say, you know, I really felt seen today, and I really felt welcomed here today. It's just like, I love to hear that. All that to say is we strive to live and share our lives together in genuine ways. It's challenges, it's sorrows, and it's joys. And I think this is the sort of community that most of us really long for and want nearby. So I really am grateful that you're considering our application and I'm really glad that you know I have this opportunity to share a little bit of a glimpse of our community. Thanks very much. Thank you. Please sign in. Anyone else like to speak to this application this evening please come forward. Stay genaing. Could I have one of them? application this evening please come forward. State your name. No sir you had your head your phone. If you won't relate to your wife you're now that's okay. That's an option Welcome, ma'am. Hi, how are you? Good. I'm Dana Whitley, one of four of our old Marsh Road. I think what my husband wanted to say was the property line does encroach on our shop, our shed. I think that's what he said. But I think our shed has been there for a long time because we only spent on the property about eight years now and the shed was already there in part of the property. So 38 years. 38 years. There was the shed's been up. So I guess there is a little bit of our concern there as far as will we have to move our shed, will we have to take it down perhaps, that's something we hadn't really considered. The distribution box. Oh, the distribution box is under the shed. That's far, that's big, that's big. That's big. A little coaching here. That's much better. Yeah. We are not opposed to the church and to the school. We're just really opposed to maybe the traffic and just a little unsure about what's going to happen. So just put that out there. Thank you. So just for the record, you're a clearance butler's old place? Okay, very good. All right, please sign in. Please sign in. I grew up here. I grew up here. Anyone else like to speak to this application, please come forward. Seeing none, Mr. Smith, would you like to close the application? Sure. Close the meeting. Meeting is closed. Okay. Well, thank everybody for coming out and talking was it meaty? Being as close. OK. Well, thank everybody for coming out and talking and giving their information. I've seen the church there on the corner. I've been impressed with everything that I've seen there over the last few years. And I went first to heard that they wanted to expand, I thought, yeah, that sounds like a good idea. Then when I saw the plant where they want to put it, and then also being born and raised and running up and down these roads a whole life. I've always known that that stretch of road is more narrow than the normal secondary road. And it's also a quaint little community there. And then when I saw Red the Report and I saw the number of, especially with the school, 150 kids and then the traffic count over 600, I think it's actually over 800. It's a 200 percent increase to what it is today. So that's going to be a big impact on the, not only the people that travel up and down that road every day, but the neighbors who currently live there. It's an accident waiting to happen with that number of vehicles on the road. So the church is a beautiful church as far as the renderings. And it seems a little big for this community, but I could probably live with that if the traffic, if the entrance, if it wasn't on a small road like this, so as much as I support places of worship in schools, private schools, I can't wrap my head around approving this in this location. So for that reason, I'd have to Denial to the board of supervisors of this application Do I have a second for that motion Second have a motion is second. Is there any further discussion on this? Mr Chairman miss Smith and applicant I have to agree't gone out there and looked at it. It does seem to be a very beneficial to Falker County, beneficial to the larger world to have this use, but the location is not a good one. That road is too small for that kind of activity. And I'm sorry that I do I will support this this advocate this motion to a recommend denial. I have a motion and a second is any further discussion on this matter. All those in favor please sign up by saying aye. Aye. Any opposed like Sen? Moving on to item G, rezoning, wargo property. Welcome, Mr. Jellum. Merck. Thank you, Mr. Chairman. You all held a public hearing on this in June. So I'll be brief on my presentation, but if there's more detail that the commission would like to hear, I'm happy to give it. The application is requesting a rezoning from R1 to R4 of approximately 1.68 acres to allow for the construction of single-family detached homes. The reason for the postponement was due to some uncertainty in the town's ability in willing us to serve the property with both water and sewer. They have provided a motion to work with this county staff and the town staff to provide the needed utilities. So that issue has been resolved. The 30 questions are happy to answer them. Any questions to staff at this point? Hearing none, I open this public hearing. Is anyone here to speak to this application today? Please come forward, stage 2. Seeing no one in the morning to speak. Smith, you want to close this public hearing? Yes, sir. Closed this public hearing. I think this is, this is in good mood for this property being surrounded by all the other residential properties there and then also having the one road that was designed and built so that it could get cut right through. So I think that we should recommend to the board of the... We should recommend to the board of supervisors that they approve this rezoning request on the Board of Property. Second. I have a motion to second any further discussion on this matter. All those in favor please sign this by by saying aye. Aye. Any opposed like sign? Is there any other business to come before this planning commission this evening? Other than the fact that we all wish Mr. Leah happy birthday. I was going to do that after. Oh I'm sorry. Oh I'm so low. It's a certain it's glad to be vertical. Yes. Having no other business coming forward this commission, we are adjourned. Thank you very much. Have a safe trip home.