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[00:00:01]

ALL

[Planning Commission on October 26, 2026.]

RIGHT, LADIES AND GENTLEMEN, GOOD EVENING.

GOOD EVENING.

WE'RE GONNA CALL THE, UH, OCTOBER 26TH, 2026, PLANNING COMMISSION MEETING.

TO ORDER, WOULD EVERYONE PLEASE STAND AND RECITE THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALL ALLEGIANCE TO FLAG AT THE UNITED STATES OF TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER INVISIBLE LIBERTY AND JUSTICE.

THANK YOU.

I'LL NOW ENTERTAIN A ROLL CALL HERE.

MORNING.

PRESENT.

MR. BEAR.

MR. MR. HERE.

HERE.

HERE.

MR. ? HERE.

.

HERE.

PIERCE, PRESENT.

AND MR. ALRIGHT.

THANK YOU.

NEXT WILL BE THE ADOPTION OF THE MEETING AGENDA.

I DID RECEIVE A NOTICE FROM MR. WADE.

THERE'S AN ADDITION THAT WE NEED TO ADD TO THE AGENDA UNDER NEW BUSINESS, UM, SECTION SIX, ITEM B TO BRING FORTH AN AMENDMENT REGARDING FOOD ESTABLISHMENTS.

UM, I WILL ENTERTAIN A MOTION AT THIS TIME TO ADOPT THE AGENDA WITH THE ADDITION OF THE ITEM PER MR. WADE.

MR. MAKE A MOTION.

THANK YOU.

A SECOND.

OKAY.

IT'S BEEN PROPERLY MOVED.

AND SECOND, THAT WE ADOPT THE AGENDA WITH THE, UH, ADDITION OF FOOD ESTABLISHMENT ORDINANCE PER MR. WADE.

ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE.

AYE.

OPPOSED? THE AYE HAVE THE MOTION IS CARRIED.

THE MEETING AGENDA IS ADOPTED FOR THIS EVENING.

NEXT, MOVING ON TO CONSENT ITEMS, UH, THE MINUTES OF THE JULY 26TH, 2026 MEETING.

THEY'RE IN YOUR PACKET.

IF YOU HAVE ANY CORRECTIONS, PLEASE FEEL FREE TO NOTE THEM.

AT THIS TIME, IF THERE ARE NO CORRECTIONS, I WILL ENTERTAIN A MOTION TO APPROVE.

MR. CHAIR? YES, SIR.

I WOULD LIKE TO, UH, MAKE A MOTION TO APPROVE THE, UH, CONSENT ITEMS FOR JULY 26.

2026 MINUTES.

ALRIGHT, THANK YOU.

IS THERE A SECOND? SECOND.

IT'S BEEN PROBABLY MOVED.

AND SECOND THAT WE APPROVE THE CONSENT ITEM, THAT MINUTES OF JULY, 2026 NEEDED.

ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE A.

AYE.

OPPOSED? THE AYES HAVE IT.

THE MOTION IS CARRIED.

THE MEETING AGENDA, EXCUSE ME.

THE MEETING MINUTES FOR JULY 26.

2026 ARE ADOPTED.

MOVING ON TO ITEM, UH, FIVE OR SECTION FIVE, OLD BUSINESS NONE IS LISTED.

SO WE'LL MOVE ON TO ITEM SIX.

NEW BUSINESS.

UH, MR. WADE.

GOOD EVENING, COMMISSION.

GOOD EVENING.

SO WE DO HAVE, UH, TWO, ACTUALLY, THE, ONE OF THE THINGS I DO MAKING ON THIS ONE IS THAT THIS, THIS IS NOT NEW BUSINESS PUBLIC HEARINGS, BUT IT IS, THIS IS VERY STRONG.

VERY, OKAY.

EXCELLENT.

YEAH, I GOTTA TAKE USED TO THAT.

.

UM, WE DO HAVE BEFORE YOU A, A MOTION TO BRING FORTH A ZONING WARRANTS AMENDMENT TO AMEND THE PERMITTED USES WITHIN THE M1 AND M TWO, UH, ZONING DISTRICTS.

UM, THIS IS, UM, LOOKING AT THE, THE FACT THAT WE DID PASS A NEW COMPREHENSIVE PLAN IN THE SPRING, UM, LOOKING AT, UH, TRYING TO, MAKING SURE THAT THE ORDINANCE AND OUR COMPREHENSIVE PRINCIP PLANS ARE, UM, CONSISTENT.

WE WERE LOOKING AT SOME USES WITHIN THE M1 AND M TWO DISTRICTS AND TRYING TO MAKE SURE THAT THOSE ARE, THEY'RE CONSISTENT WITH THE COMPREHENSIVE PLAN.

SO WE WANT TO BRING FORTH SOME ORDINANCE AMENDMENTS TO YOU ALL, UM, IN THE NEAR FUTURE FOR YOU ALL TO CONSIDER AND FOR THE BOARD TOON THEREAFTER.

SO THAT'S, THAT'S WHAT THE PURPOSE IS FOR THIS PARTICULAR ORDINANCE AMENDMENT.

ARE THERE ANY QUESTIONS? EXCUSE ME.

ARE THERE ANY QUESTIONS FROM THE COMMISSION REGARDING THE FIRST ITEM? I HAVE A QUESTION.

YES, MA'AM.

COULD YOU GO OVER WHAT THOSE USES ARE? CAN YOU REMIND US WHAT THEY'RE,

[00:05:01]

UM, THEY'RE, THEY ARE PARTICULARLY, I GUESS THEY'RE, I GUESS THEY'RE SOME OF THE PERMITTED USES THAT ARE CURRENTLY WITHIN THE M1 USES, M1 AND M TWO USES, OR THOSE THAT ARE, THAT SHOULD BE IN M1 AND M TWO USES.

UM, SOME OF THEM MAY BE, FOR EXAMPLE, INDUSTRY, THE INDUSTRY TYPES.

UM, SOME OF THEM COULD BE CONSIDERED FOR PERMITTED USES AND, AND EVALUATED UNDER, UH, PERMITTED USES, OR THEY COULD BE EVALUATED UNDER CONDITION, CONDITION USE, PERMIT USES.

SO THOSE ARE SOME OF THE THINGS THAT WE'RE CONSIDERING.

SO, AND THEY'RE IN THE COMPREHENSIVE PLAN NOW, AND THEY'RE NOT, I'M SORRY.

CAN YOU HEAR ME ? I'M SORRY.

THEY'RE IN THE COMPREHENSIVE PLAN NOW.

AND THEY'RE NOT IN THE ORDINANCES? IS THAT WHAT YOU'RE SAYING? SO WHAT THE COMPREHENSIVE PLAN ASKED US TO DO IS TO MAKE SURE THAT WE CONSIDER THE ENVIRONMENT AROUND US, INCLUDING THE COMMUNITIES AROUND US.

AND SO WHAT WE'RE DOING IS SOME OF THE USES THAT MAYBE WE SHOULD RECONSIDER.

MAYBE THEY SHOULD BE NOT PERMITTED AS PERMITTED USES, BUT MAYBE THEY CAN BE, YOU SHOULD COMMIT IT AS CONDITIONAL, CONDITIONAL USES, UM, BECAUSE THEY MAY HAVE A ADVERSE IMPACT ON THE ENVIRONMENT AROUND THEM.

SO THAT'S ONE OF THE CONSIDERATIONS THAT WE'RE LOOKING AT.

OKAY.

SO LIKE IF YOU HAD RESIDENTIAL RIGHT NEXT TO AN M1, THERE COULD BE SOME CONSIDERATIONS THAT WE NEED TO LOOK CORRECT.

AND, AND IF YOU, IF YOU, IF YOU HAVE SOME CONDITIONS IN PLACE, THEN WHOEVER'S SEEKING THAT USE THERE MAY HAVE TO MEET THOSE TYPE OF CONSIDERATIONS FOR MITIGATING, WHETHER IT BE BUFFERING ACCESS, THINGS OF THAT NATURE.

BUT, UM, HAVING THEM CONSIDER THOSE THINGS AND THEN THAT'LL BE GIVEN TO US BEFORE THE PUBLIC HEARING.

IS THAT RIGHT? YES.

WE, WE WILL BE PRESENTED TO YOU ALL AT A PUBLIC HEARING.

THIS IS, THIS IS THE MOTION SO THAT WE CAN DRAFT IT UP SO THAT WE CAN GIVE YOU THE, THE, UM, GIVE IT TO YOU, THE PRESENTATION AT THE PUBLIC HEARING.

OH, I SEE.

SO WE'LL GET 'EM AT THE SAME TIME.

THE PUBLIC HEARING IS.

YES, MA'AM.

THANK YOU.

THANK YOU, MS. CHEEK.

ANY OTHER QUESTIONS FROM THE COMMISSION? I MEAN, ARE, ARE YOU EXPECTING A LOT OF CHANGE? I MEAN, IT SEEMS LIKE, I MEAN, IS IT SOMETHING THAT WE WOULD NEED TO REALLY MEET AND DISCUSS? OR IS IT VERY MINOR STUFF THAT WE CAN DO BEFORE THE PUBLIC HEARING? THESE, THESE, THESE ARE, THESE ARE MINOR THINGS.

THESE, THESE ARE VERY, VERY MINOR.

UH, I THINK IT'S, UH, I GUESS WHAT, WHAT DO THEY CALL IT? UM, I GUESS CLEAN UP.

WHAT DO YOU CALL, WHAT DO YOU CALL THAT? JUST HOUSE.

HOUSEKEEPING.

HOUSEKEEPING.

THIS, IT IS A DENTAL TERM OF HOUSEKEEPING.

OKAY.

MR. WADE.

OH, WELL, MR. WADE AND MS. PERKINSON, AM I CORRECT IN SAYING, AS, AS YOU ALL HAVE REQUESTED THESE THINGS BEFORE THAT ONCE WE GIVE YOU THE APPROVAL TO BRING FORTH THE AMENDMENT, YOU WILL THEN PROVIDE US WITH A COMPREHENSIVE PRESENTATION AS TO WHAT THIS IS ABOUT, AND THEN GIVE US TIME TO TALK WITH YOU ALL ABOUT THE ACTUAL ORDINANCE? YES.

SO, UM, SO JUST BECAUSE OF THE, THE TIMING OF THINGS, UM, WE, BECAUSE AS YOU ALL KNOW, YOUR NOVEMBER MEETING IS ONE WEEK AHEAD OF TIME.

AND THEN, UM, THE, THE BOARD AND THEN THE HOLIDAYS ARE UPON US.

SO, UM, THAT IS ALWAYS OUR INTENTION TO, UM, PROVIDE YOU ALL WITH TIME TO REVIEW THE ITEM.

UH, BUT THE TIMING OF IT MIGHT WORK OUT THAT THAT REVIEW IS, UM, AT THE SAME TIME AS THE PUBLIC HEARING.

SO, UH, WHAT WE, WHAT WE CAN DO IS WE, WE CAN SEND IN ADVANCE AS SOON AS IT'S READY, WE CAN SEND A COMMUNICATION, UM, SO THAT YOU ALL HAVE AN ABILITY TO LOOK.

IF YOU HAVE ANY QUESTIONS, YOU CAN BRING IT BACK TO US.

UH, CERTAINLY ACTION ISN'T REQUIRED THE NIGHT OF THE PUBLIC HEARING, UM, AS YOU ALL ARE AWARE.

UM, SO YES, THERE'S, THERE, THERE WILL STILL BE SOME OPPORTUNITY FOR BACK AND FORTH.

THANK YOU.

YEAH.

AND JUST TO CLARIFY, WE, MR. WAITE IS CORRECT THAT SOME OF THE THINGS ARE HOUSEKEEPING, BUT SOME OTHERS I HAVE NOT DONE A COMPREHENSIVE LEGAL REVIEW BECAUSE WE, WE DON'T HAVE A DRAFT .

IF WE HAD A DRAFT, WE WOULD BE PRESENTING THAT, UM, TO YOU ALL TONIGHT.

BUT BECAUSE WE DON'T HAVE A DRAFT, I DON'T WANNA CREATE THE IMPRESSION THAT IT'S GOING TO BE A HUNDRED PERCENT HOUSEKEEPING.

THERE COULD BE SOME, UH, LITTLE BIT OF HORSE TRADING, MOVING THINGS, UM, YOU KNOW, MAYBE USES THAT ARE CURRENTLY IN MM ONE, WE CONSIDER THEY SHOULD BE AN M TWO OR VICE VERSA.

UM, ALSO SINCE THE, IT'S BEEN SOME TIME, AT LEAST DURING MY TENURE HERE, WE HAVE NOT LOOKED AT M1 AND M TWO USES, BUT WE DID CREATE THE EMERGING TECHNOLOGIES DISTRICT.

AND SOME OF THE THINGS THAT WE HAVE IN THE EMERGING TECHNOLOGIES DISTRICT HAVE SOME OVERLAP WITH M1 AND M TWO.

SO AGAIN, WE'RE TRYING TO, WE'RE TRYING TO CREATE A, A LITTLE BIT MORE CONSISTENCY AND SOME OF THE THINGS THAT, THAT YOU ALL ADVISED US YOU

[00:10:01]

WANTED TO SEE IN THE EMERGING TECHNOLOGIES DISTRICT OR DIDN'T WANNA SEE OR WANTED TO HAVE WITH A CONDITIONAL USE PERMIT IN EMERGING TECHNOLOGIES.

AGAIN, KIND OF TRYING TO MAKE THINGS A LITTLE, LITTLE BIT MORE CONSISTENT.

UM, I THINK THAT'S THE BEST WORD.

THAT'S THE BEST WORD.

OKAY.

CONSISTENT.

THERE YOU GO.

THANK YOU.

THANK YOU.

ANY OTHER QUESTIONS OF THE COMMISSION? IF NOT, I'LL ENTERTAIN A MOTION AT THIS TIME OF THE FIRST ITEM.

AND MS. PERKINS HAS PROVIDED, UH, A DRAFT COPY IF ANYONE WOULD LIKE TO READ.

MR. CHAIR? YES, SIR.

I'D LIKE TO MAKE A MOTION TO, UH, APPROVE THE PERMITTED USES OF M1 AND M TWO DISTRICT MOTION TO BRING FORWARD IN ACCORDANCE WITH VIRGINIA CODE SECTION 15.2 DASH TWO TWO A SIX.

UH, A SEVEN.

I MAKE A MOTION THAT PUBLIC NECESSITY CONVENES GENERAL WELFARE GOOD ZONING PRACTICES REQUIRE THE AMENDMENT TO THE SUR COUNTY ZONING ORDINANCE RELATED TO THE PERMITTED USE WITHIN THE M1 M TWO ZONING DISTRICT TO BE BROUGHT FORTH TO THE PLANNING COMMISSION TO PUBLIC HEARING, CONSIDERATION, AND ACTION OF SUCH AMENDMENTS FOLLOWING THE PUBLIC HEARING.

IS THERE A SECOND? SECOND.

IT'S BEEN PROPERLY MOVED.

AND SECOND, THAT A MOTION HAS BEEN, UH, PLACED ON THE TABLE TO BRING FORTH THE PERMITTED USES IN THE M1 AND M TWO DISTRICT.

ALL IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.

OPPOSED HAVE THE SAME RIGHT.

HEARING UNDER MOTION IS PASSED.

ALRIGHT, MR. WADE.

ITEM B UNDER SIX.

ITEM B IS A MOTION TO BRING FORTH, UH, ZONING WORDS AMENDMENTS RELATED TO COMMERCIAL AGRICULTURAL USES PERTAINING TO FOOD ESTABLISHMENTS.

UM, THIS WAS SOMETHING THAT WE'VE LOOKED THROUGH AND, AND OUR ORDINANCE, AGAIN, TRYING TO BE CONSISTENT, UM, LOOKING AT FOOD THROUGHOUT WITH RESTAURANTS OR THINGS OF THAT NATURE WITH COMMERCIAL AND AGRICULTURAL USE CATEGORIES AND BEING CONSISTENT IN HOW THEY ARE APPLIED IN ARIZONA ORDINANCE.

AGAIN, WE, WE SEE THIS FROM TIME TO TIME IN OUR OFFICE, SO AGAIN, TRYING TO MAKE SURE WE'RE DOING THE SAME THING AS BEFORE AND BEING CONSISTENT.

ALSO, MS. PERKINS, YOU, YOU MIGHT HAVE, UH, SOME RECOLLECTION FROM SOME PREVIOUS MEETINGS.

YES.

UH, THANK YOU MR. CHAIRMAN.

UH, MEMBERS OF THE COMMISSION, UH, JUST THIS, THIS ALSO, UH, IS IN LINE WITH, UH, SOME THE DIRECTION THAT THE ECONOMIC DEVELOPMENT AUTHORITY HAS BEEN GOING ON.

UM, THEY RECENTLY HAD A GRANT APPLICATION FROM A, WHAT WE WOULD CONSIDER TO BE A FOOD ESTABLISHMENT.

AND IT'S SOMETHING THAT, UH, WITHIN THE COURSE OF THE EVALUATION OF THAT, THAT APPLICATION, UM, THERE WERE CERTAIN THINGS IDENTIFIED THAT WOULD BE HELPFUL TO HAVE FOR ECONOMIC DEVELOPMENT AND INCREASING THE OPPORTUNITIES FOR, UH, RESTAURANTS AND FARM STANDS AND THINGS OF THAT NATURE.

AGAIN, THAT'S WHY WE USE THE BROAD CATEGORY OF FOOD ESTABLISHMENTS.

UM, OUR, OUR ORDINANCE IS A BIT OUTDATED.

UM, FOR EXAMPLE, WE HAVE A, UH, RESTAURANT, COMMA GENERAL, AND THAT DEFINITION TALKS ABOUT HAVING, YOU KNOW, SIT DOWN PLATED FOOD.

BUT THEN IT ALSO LIKE NON-DISPOSABLE CONTAINERS.

BUT THEN IT ALSO TAKES IT A STEP FURTHER AND TALKS ABOUT CATERING SERVICES, WHICH TO ME IS COMPLETELY CONTRADICTORY TO WHAT YOU JUST SAID ABOUT HAVING SIT DOWN SERVICE AND PLATED PLATED FOOD.

SO I, AGAIN, THE, THOSE ORDINANCES WERE BEFORE THOSE DEFINITIONS AND USE TYPES WERE CREATED BEFORE MR. WADE AND MR. WADE'S TIME AND MY TIME.

SO WE ARE JUST LOOKING AT, UH, REEVALUATING THEM AGAIN, KIND OF IN THE CONTEXT OF SOME OF THESE ECONOMIC DEVELOPMENT OPPORTUNITIES WE'VE BEEN LOOKING AT THAT, THAT YOU ALL HAVE BEEN, HAVE BEEN AWARE OF OR PERIPHERALLY AWARE OF.

SO THAT, THAT'S KIND OF ANOTHER, ANOTHER PIECE OF THIS PUZZLE.

SO THANK YOU.

THANK YOU MS. PERKINS AND MR. WADE, ARE THERE ANY QUESTIONS FROM THE COMMISSION? I HAVE A QUESTION.

YES, MS. CHIEF, SO IS IT JUST M1 AND M TWO? WHAT ABOUT AR DOES THAT NEED TO BE MODIFIED? AM I READING THAT CORRECTLY? WELL, IT'S NOTHING TO READ REALLY.

YEAH, I GUESS I'M NOT SURE FOR, FOR WHAT, WHAT ARE WE DISCUSSING? FOOD.

FOOD? NO, NO, THERE'S NO, THERE'S NO, THERE'S NO M1 OR M TWO IN.

OKAY.

SO, UM, ALRIGHT.

WHERE, WHERE WOULD I KNOW WHAT, WHERE? IT'S JUST THIS RIGHT HERE, THE AGRICULTURE.

IS IT A, IS IT THE A IS AGRICULTURE ZONE? WE'RE TALKING, SO IT'S NOT, IT IS NOT THE ZONING.

THE ZONING FOR THE ZONING IS THE COMMERCIAL, COMMERCIAL AND AGRICULTURAL USES.

SO THERE'S USE CATEGORIES IN EACH ZONING DISTRICT, RIGHT.

THAT HAVE THE DIFFERENT USE CATEGORIES.

OKAY.

SO THAT'S WHAT WE'RE TALKING ABOUT ACROSS ALL OF 'EM OR JUST AGRICULTURE? IT'S ACROSS, IT'S ACROSS ALL OF THEM.

ALL

[00:15:01]

DISTRICTS.

OKAY.

OKAY.

SO THERE'S, THERE'S THERE, UH, YOU WANT ME TO SHOW YOU AN EXAMPLE ON THE SCREEN? WE CAN, SO IF YOU RECALL, THIS WAS PROBABLY LAST YEAR, MAYBE THE YEAR BEFORE, HOW WE, UM, WE LOOKED AT ADDING AN EVENT CENTER TO OUR ORDINANCE BECAUSE THERE, THAT WASN'T, THERE WASN'T A USE CATEGORY THAT REALLY FIT INTO THAT.

SO THAT, THAT'S KIND OF WHAT WE'RE LOOKING AT BECAUSE THE, THE DEFINITIONS THAT ARE THERE FOR, FOR RESTAURANT, THERE'S RESTAURANT GENERAL, AS I JUST TALKED ABOUT.

THERE'S ALSO A RESTAURANT DRIVE-THROUGH, WELL, WE KNOW WE DON'T HAVE ANY DRIVE-THROUGHS, IN SURREY.

THEN THERE'S A FARM STAND.

SO AGAIN, JUST LOOKING AT TAKING A FRESH LOOK AT ALL OF THOSE DEFINITIONS AND, UM, YOU KNOW, FIGURING OUT DO THOSE DEFINITIONS NEED TWEAKING? I, I WOULD SAY THEY DO.

AND LIKE I JUST, THE EXAMPLE I JUST GAVE WITH THE CATERING, UM, OR DO YOU KNOW, IS THERE SOME NEW, UH, CONCEPT OUT THERE THAT WHEN WE PREVIOUSLY ESTABLISHED THOSE USE TYPES DIDN'T EXIST? SO, OKAY.

SO IT'S MORE LIKE ACROSS THE BOARD, UH, FOOD USE TYPES? YES.

MM-HMM .

AND AGAIN, WE'RE USING THE GENERAL TERM FOOD ESTABLISHMENTS BECAUSE THAT WAS, THAT WAS KIND OF THE, THE BROADEST TERM THAT WOULD ALLOW US TO LOOK AT EVERYTHING THAT'S CURRENTLY IN OUR ORDINANCE OR THINGS THAT, AGAIN, BACK WHEN THAT WAS PUT IN THERE, WE DIDN'T, WE, WE DIDN'T KNOW EXISTED.

SO THANK YOU.

YOU'RE WELCOME.

THANK YOU.

ANY MORE QUESTIONS FROM THE COMMISSION? WOULD THAT INVOLVE LIKE FOOD TRUCKS AND LIKE YOU SAID, FARM STANDS? UM, LIKE SOMEBODY HAS A FARM STAND AND THEY SERVE FOOD THERE.

IT, IT COULD, IT COULD.

OKAY.

THAT'S, THAT'S THE REASON WHY WE USE THE GENERAL BROAD TERM.

THEY DIDN'T HAVE FOOD TRUCKS WHEN THIS ORDINANCE WAS CREATED.

I DON'T THINK THAT WAS LIKE A, A THOUGHT .

ONE OF THE REASONS THAT YOU ALL WANT TO WANT TO REVIEW AND BRING A PRESENTATION CORRECT TO CONSIDER.

ALL RIGHT.

ANY MORE QUESTIONS OF THE COMMISSION? IF NOT, I'LL ENTERTAIN A MOTION.

MR. CHAIR? YES SIR.

I'D LIKE TO MAKE A MOTION, UH, FOR BULLET POINT B FOOD ESTABLISHMENT MOTION TO BRING FORTH IN ACCORDANCE WITH VIRGINIA CODE SECTION 15.2 DASH 22 A SIX A SEVEN.

I MAKE A MOTION THAT THE PUBLIC NECESSITY, CONVENIENCE, GENERAL WELFARE, GOOD ZONING PRACTICE REQUIRE THE AMENDMENTS, UH, TO THE SUR COUNTY ZONING ORDINANCE RELATED TO THE COMMERCIAL AND AGRICULTURAL USES PERTAINING TO FOOD ESTABLISHMENTS BE BROUGHT FORTH TO THE PLAN COMMISSION FOR PUBLIC HEARING, CONSIDERATION, AND ACTION ON SUCH AMENDMENTS FOLLOWING A PUBLIC HEARING.

IS THERE A SECOND? SECOND.

IT'S BEEN PROPERLY MOVED.

AND SECOND, THAT A MOTION TO BRING FORTH AN ORDINANCE REGARDING FOOD ESTABLISHMENTS, UM, BE BROUGHT TO US BY STAFF.

ALL IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.

AYE.

OPPOSED? THE AYES HAVE THE MOTION IS CARRIED.

ALRIGHT, MOVING ON TO THE NEXT ITEM, ITEM NUMBER SEVEN, PUBLIC COMMENTS.

I DON'T THINK WE HAVE ANYBODY TO COMMENT.

ALRIGHT, MOVING ON TO COMMITTEE UPDATES, MR. WADE.

SO I, I KNOW OUR, UM, ZONING TEAM OR SUBDIVISION, UH, TEAM IS, IS READY TO KEEP ROLLING RIGHT NOW WE'RE WAITING FOR OUR BOARD OF SUPERVISORS, UM, TO TAKE HIM SOME ACTION ON TWO DIFFERENT ORDINANCE ITEMS THAT, THAT YOU ALL SENT TO THE BOARD.

BELIEVE THOSE TWO ITEMS ARE, UM, THE ZONING ORDINANCE AMENDMENT FOR THE MINIMUM LOT SIZE IS WELL IS FOR THE AR AR DISTRICT, WHICH HAPPENS TO BE ONE OF THOSE.

IT HAPPENS TO BE, UM, THE MINIMUM LOT SIZE.

UM, ANOTHER ONE WAS THE, UH, FAMILY SUBDIVISION, THAT PARTICULAR ORDINANCE AMENDMENT.

SO RIGHT NOW, BEFORE, BEFORE WE TAKE ANY ADDITIONAL ACTION, WE WANNA MAKE SURE THAT WE'RE ON THE SAME PAGE WITH OUR BOARD BEFORE WE TAKE ANY OTHER ACTION WITH THE, WITH ANY FURTHER ORDINANCE AMENDMENTS, WITH THE SUBDIVISION ORDINANCE, UM, MAINLY BEING THE PIECE THAT WE WANT, THAT WE WANT TO LOOK AT.

UM, BUT IF THERE ARE ANY OTHER THINGS THAT YOU ALL FEEL AS THOUGH, HEY, HORA, CAN WE BRING THESE THINGS UP FOR A TOPIC FOR STAFF TO KIND OF LOOK AT THAT YOU, THAT YOU'VE ALL SEEN AS, IS THIS AN ISSUE THAT BE JUST SEND, SEND THOSE MY WAY PLEASE.

UM, AND I'M WILLING TO TAKE, TAKE A, TAKE A LOOK AT OR, OR E STAB, JUST LIKE WE'RE LOOKING AT SOME OF THESE OTHER ORDERS, SOME OF THESE THINGS, THEY'RE, UM, I GUESS THEY'RE, I GUESS THEY'RE, THEY'RE LOW ON THE TOTEM POLE THAT YOU CAN KIND OF TAKE CARE OF THESE, SOME OF THESE THINGS.

UM, SO THE VISION ORDINANCE, THAT IS A BIG PROJECT THAT WE, THAT WE, WE HAVE TO TACKLE AS A, AS A TEAM.

SO, UM, BEAR, BEAR WITH THIS AS, AS WE, WE MAY BE GETTING IN, I I, I DON'T KNOW EXACTLY WHEN THAT'S GONNA COME BACK UP TO THE BOARD.

THE NEW, THE, THE TWO, UH,

[00:20:01]

UH, ZONING OF DIVISION ORDINANCE CASES WILL COME BACK FROM THE BOARD.

BUT ONCE THOSE DO FINISH UP AT THE BOARD LEVEL, UM, WE WILL, WE WILL LET YOU KNOW THAT WE'RE READY TO START THE NEXT CONVERSATION OF WHERE WE GO.

BUT I THINK WE NEED TO KNOW WHERE WE ARE.

THAT'S THE REASON WHY WE DID IN TWO PHASES, TO KNOW ONE WHERE WE STOOD HERE, UM, AND THEN PROGRESSING TO THE NEXT LEVEL OF WHAT WE NEED TO ADDRESS WITH THE REST OF THE ORDINANCES.

SO DID THEY EVEN HAVE IT ON THEIR AGENDA YET? IT, THE, THE PUBLIC HEARING HA HAS, THE PUBLIC HEARING HAS, HAS OCCURRED.

RIGHT? WE DID THAT.

SO, AND THEY SAID THEY WERE GONNA GET TOGETHER, BUT I MEAN, YOU DON'T, THEY HAVE TO PUT IT ON THEIR AGENDA TO TALK ABOUT IT AGAIN, OR IS IS IS THAT I THINK I REMEMBER IT'S TABLE.

SO IT'S TABLE.

IT'S TABLE.

SO I MEAN, I, I MEAN BEING ON THE STEERING CI THINK HOLIDAYS ARE COMING UP AND NO PUSH.

BUT AFTER THE FIRST OF YEAR IT WAS KIND OF QUIET AND WINTER AND NOT DOING, I MEAN, THAT IS A, THAT SUBDIVISION ORDINANCE IS A BIG, WE CAN GO ON DOWN AND START TACKLING SOME OF THE WELLS AND THE SEPTIC SYSTEMS. AND I MEAN, I BELIEVE THAT THERE ARE OTHER AREAS THAT WE CAN TACKLE THAT, YOU KNOW, THAT DON'T HAVE TO DEAL WITH THE MINIMUM LOT SIZE.

SO MAYBE STAFF COULD CONSIDER MAYBE GETTING THAT ON THE, AFTER THE FIRST OF THE YEAR, YOU KNOW, SEND ME SOME ITEMS AND I'LL SURE, I'LL SURELY PUT SOME THINGS TOGETHER FOR US TO TAKE A LOOK AT FOR SURE.

OKAY.

YEAH, I I I THINK IF, IF WE TAKE A LOOK AT THAT AND WE, WE CAN ACTUALLY HAVE AN AGENDA SET TO, I WOULD HATE TO HAVE A MEETING AND NOT HAVE AN AGENDA SET.

THAT'S, THAT'S, YEAH.

SO IF, IF I THINK IF WE HAVE SOME THINGS THAT WE WANNA TALK ABOUT TO KIND OF GET TO THE NEXT LEVEL, WE, WE, WE CAN DO THAT.

JUST SEND, SEND ME SOME ITEMS, SOME CONCERNS THAT, THAT, THAT WE SEE.

UM, CERTAINLY I, AS STAFF, I KNOW WE'RE CERTAIN ITEMS OF, OF CONCERN ARE FOR STAFF AT LEAST.

UM, 'CAUSE WE, WE SEE THEM, MR. TURNER OVER HERE REVIEWS OUR SUBDIVISION ORDINANCE, OUR SUBDIVISION, UM, PLAS FOR US ON, ON A DAY TO DAY BASIS.

SO I KNOW, I KNOW HE'S SEEN PLENTY OF THINGS THAT CAUSE HIM A LITTLE PAUSE WITH, WITH SOME OF OUR, UH, ENGINEERS AND, AND, UH, AS, UH, I GUESS WHAT IS SURVEYORS? SO THERE, THERE'S CERTAIN THINGS THAT SOME OF THE SURVEYORS ARE BROUGHT TO HIS ATTENTION AS THAT MAY BE ISSUES THAT, THAT WE CAN LOOK AT AS WELL.

AND THEN FOR THE RECORD, WHAT, HOW IS STAFF REVIEWING SUBDIVISIONS NOW IN A 10 ACRE FIELD? YOU KNOW, ARE THEY JUST UNILATERALLY APPROVING THEM? ARE THEY ON HOLD? HOW IS, HOW IS STAFF HANDLING THE, I MEAN, BEEN HANDLING 'EM FOR A YEAR NOW? UM, HOW IS THAT BEING, I'M KIND OF CURIOUS HOW THAT'S BEING HANDLED.

I I CAN TELL YOU WHAT I'VE BEEN TOLD BY FOLKS FROM VIRGINIA TECH.

NO OTHER STATE AGENCY WILL TOUCH THAT COACH SECTION ANYMORE, WHICH IS ONE OF THE REASONS WHY AS STAFF FROM OUR LEVEL OF SAYING WE SHOULD LOOK AT 10 ACRE MINIMUMS, BECAUSE NO OTHER STATE AGENCY WILL WANT TO GIVE US ADVICE ON THAT AT ALL.

BECAUSE THEY FEEL AS THOUGH THEY, THEY DO NOT WANT TO GIVE ADVICE ON A ZONING DECISION.

THEY HAVE SHARED, THEY WILL NOT GIVE THAT ADVICE.

USDA DID NOT WANT TO GIVE US ANYTHING.

UM, VIRGINIA TECH, WHEN WE ASKED THE EXTENSION OFFICE, WE SHOWED THEM PREVIOUS LETTERS THAT WE RECEIVED IN THE PAST.

THEIR ATTORNEYS TOLD THEM THEY'RE NOT TO GIVE US ANYTHING ON THAT.

SO I UNDERSTAND.

SO WE'RE APPROVING LOTS LESS THAN 10 ACRES IN AN OPEN FIELD THAT IS, THAT ARE CURRENTLY NOT IN ACCORDANCE WITH OUR, I DON'T THINK THAT ORDINANCE IS ENFORCEABLE.

OKAY.

BUT I MEAN, WHAT I'M SAYING IS THAT WE NEED TO CHANGE IT OR NOT ALLOW ANY MORE LOTS.

YOU SEE WHAT I'M SAYING? YOU'RE APPROVING SOMETHING THAT'S NOT APPROVABLE.

IS THAT A, THAT'S NOT A GOOD WORD.

YOU SEE WHAT I'M SAYING? IF WE CAN'T DO IT, I MEAN, THIS IS A KIND OF A BIG DEAL.

IF YOU'RE CONTINUING, CONTINUING TO APPROVE THE LOTS THAT CAN'T BE SATISFIED ACCORDING TO OUR AR, THEN THEN THAT'S KIND OF, THAT'S KIND OF IMPORTANT.

THAT NEEDS TO BE A KIND OF MOVE UP THE LADDER.

I MEAN, YOU FOLLOW WHAT I'M SAYING? I MEAN, WE HAVEN'T DONE IT FOR YEARS AND NOW IN THE LAST YEAR AND A HALF, IT'S IT'S HEYDAY TO 10 ACRE.

YOU KNOW, IF YOU WANT TO CREATE A LOT IN A FIELD, WE'RE ALLOWING THAT TO HAPPEN.

SO WE NEED TO CHANGE THAT.

I MEAN, IF THE BOARD OF SUPERVISORS ARE NOT GOING TO ACT ON THE 10 ACRE THING, WE JUST CAN'T CONTINUE TO APPROVE IT WHEN IT'S AGAINST OUR AR REGULATION.

AM I, DOES THAT MAKE SENSE? I MEAN, HOW, HOW, HOW ARE WE DOING THAT MS. PERKINSON, MS. MS. PERKINSON, IF YOU CAN HELP, DON'T, DON'T.

WE HAVE TO ABIDE BY WHAT'S IN THE CODE SECTION NOW UNTIL THE BOARD OF SUPERVISORS MAKES A DIFFERENT DECISION.

WE HAVE TO ABIDE BY WHAT IS IN OUR ORDINANCE TO THE EXTENT THAT OUR ORDINANCE HASN'T BEEN TRUMPED BY VIRGINIA CODE.

UNDERSTOOD.

RIGHT.

AND THERE'S NO VIRGINIA CODE IT DELINEATES OR SAYS, YOU KNOW, YOU KNOW, IF THE LAND IS AGRICULTURALLY, YOU KNOW, I THINK THAT'S OUR, OUR BIG HITCHING

[00:25:01]

THING IS, IS IT PROFITABLE FOR FARMING? WE CAN'T, WE CAN'T SATISFY THAT RIGHT NOW.

SO IN THE MEANTIME, I I FEEL LIKE THERE NEEDS TO BE A MORATORIUM OR CON NO MORE LOTS CREATED IN AN OPEN FIELD UNTIL MR. COGGIN RESPECTFULLY, WE DON'T HAVE THE AUTHORITY TO DO THAT.

NO, NO PLAN COMMISSION, MR. WADE DOES.

I'M SAYING THAT'S HIS JOB.

YEAH.

BUT, AND HE'S APPROVING THINGS THAT ARE, THAT HE, I DON'T THINK HE HAS AUTHORITY TO PUT A MORATORIUM IN PLACE WHEN THERE NO, NOT A MOR WHEN, WHEN YOU HAVE AN ORDINANCE THAT'S ALREADY IN PLACE, AS MS. PERKINS SAID, TO THE EXTENT THAT VIRGINIA CODE DOESN'T TRUMPET, HE HAS TO FOLLOW THOSE ORDINANCES THAT ARE ALREADY IN PLACE.

RIGHT.

SO WE CAN'T JUST DENY AN APPLICANT THE RIGHT TO COME AND BRING A SUBDIVISION BEFORE US AND SAY IT'S ON HOLD UNTIL THE BOARD OF SUPERVISORS MAKES A DECISION.

THAT'S NOT HOW THAT WORKS.

WE HAVE TO ABIDE BY WHAT IS IN PLACE BY EITHER OUR STATE ORDINANCE OR LIKE SHE SAID, IF STATE LAW TRUMPS THAT.

SO, WHILE I UNDERSTAND WHAT YOU'RE SAYING YEAH.

AND I'M, I'M PASSIONATE WITH WHAT YOU'RE SAYING.

YEAH.

WE JUST CAN'T DO, I DON'T BELIEVE THAT WITH OUR AUTHORITY OR MR. WADE CAN DO SOMETHING.

BUT I ASK THAT JUST LISTENING.

GO AHEAD.

SO HOW DOES THE VIRGINIA CODE TRUMP WHAT IS NO LONGER ENFORCEABLE BY THE USDA AND VIRGINIA TECH? I DON'T, WE DIDN'T.

THAT'S WHAT'S MISSING.

RIGHT? THEY WON'T GIVE US AN OPINION.

UH, NO, I'M NOT.

I'M, THAT'S NOT RIGHT.

NO, THEY, THEY WILL NOT GIVE ADVICE OR OPINIONS ON ANY, ON ANY PENDING MATTER.

BUT OUR CODE SAYS THAT WE WOULD GET THOSE OPINIONS.

OUR CURRENT CODE SAYS THAT IT DOES NOT.

OUR, OUR CURRENT CODE SAYS THAT YOU HAVE TO PROVE THAT THE LAND IS NOT PROBLEM.

IN THE PAST, FARMERS HAVE GONE TO THE FSA OFFICE AND, AND THEY GET, AND THEY, AND THEY GET INSURANCE ON THESE CROPS.

THEY KNOW WHAT THEY'RE EVERY, I MEAN, THERE'S SEVERAL FARMERS ON THE BOARD.

THEY KNOW IF THE LAND IS MAKING MONEY OR IT'S NOT MAKING MONEY.

AND UM, YOU KNOW, IT DOESN'T HAVE TO COME FROM THE VA.

AND, AND I'VE MADE THIS POINT TO MS. PERKINS AND MR. WADE, IT'S NOT OUR RESPONSIBILITY.

IT'S NOT THE COUNTY AND STAFF'S RESPONSIBILITY.

CORRECT.

TO PROVE THAT THE LAND IS PROFITABLE OR NOT PROFITABLE.

I'M BRINGING FORTH YOU A PIECE OF PROPERTY I WANNA SUBDIVIDE AND I'M TELLING YOU I'VE GOT A HARDSHIP 'CAUSE IT, IT, IT WON'T PRODUCE AND I NEED TO GET RID OF IT.

SO I, AS THE PERSON ASKING TO SUBDIVIDE IT, I NEED TO PROVIDE YOU WITH THE INFORMATION.

YOU SEE WHAT I'M SAYING? I I THINK WE'RE LOOKING AT IT.

I NEED TO, I THINK STAFF HAS TAKEN ON A RESPONSIBILITY THAT'S NOT THEIRS IN THE PAST.

THAT'S THE WAY IT HAS BEEN.

THAT IF YOU WANTED TO BRING IT FORTH, YOU HAD TO, YOU KNOW ME AS I'M SELLING A PIECE OF LAND, I HAVE TO PROVE THAT THE LAND IS NOT, YOU KNOW, NOT PROFITABLE.

NOTHING TO DO WITH SOIL, NOTHING TO DO WITH ANYTHING.

IT DOESN'T, NOWHERE IN THERE DOES IT SAY THAT IT HAS TO GO TO TECH OR ANY OF THAT.

IT JUST SAYS IT'S NOT PROFITABLE AND IT HAS TO BE CERTIFIED BY, YOU KNOW, DOCUMENTED OR WHATEVER.

AND I THINK ANY DOCUMENTATION WOULD BE FINE, YOU KNOW, AND I WOULD BE OKAY.

BUT WE'RE NOT, WE, I'M ASSUMING THAT STAFF IS NOT REQUIRING THE LANDOWNER WHO SUBDIVIDED IT TO PROVIDE ANYTHING.

THEY'RE JUST SAYING, OKAY, I CAN'T DO IT.

SO HERE GO AHEAD AND, AND SUBDIVIDE THE LAND.

AND I DON'T THINK THAT'S RIGHT.

MR. CHAIR.

YES, SIR.

I I I THINK WE, I THINK WE'RE ALL FURTHER DOWN THE ROAD THAN 'CAUSE MR. UH, CHAIRMAN PIERCE, HE JUST STATED IT IS TABLE SO UNDERSTOOD.

THEY THEY CAN'T DO ANYTHING.

NO, NO.

THAT THAT'S TO CHANGE IT.

WHATEVER'S GRANDFATHERED RIGHT NOW IS GRANDFATHERED AND THAT'S CORRECT.

UNTIL THE BOARD APPROVES IT.

WELL, IF THEY APPROVE OR DENY, WE, THEY CAN'T DO ANYTHING.

SO THEY'RE DOING EXACTLY WHAT THE CURRENT, UH, THE CURRENT, UH, DOCUMENT IS SAYING.

THEY, I MEAN, IF SOME, IF THEY CAME IN HERE RIGHT NOW AND SOMEONE SAID, HEY, I WANNA DO I WANNA DO FIVE, I MEAN, THEY CAN'T TELL 'EM NO.

YES, THEY CAN'T.

CAN YOU READ THAT ORDINANCE, MR. WADE? JUST SO I JUST WANT EVERYBODY TO BE CLEAR ON WHAT IT SAYS IT, IF THEY DON'T CHANGE IT, IF THE BOARD DOESN'T DO ANYTHING, THEY'RE APPROVING SUBDIVISIONS NOW THAT IN THE PAST, PRIOR TO MR. WADE AND MS. PARKER WERE NOT APPROVED.

AND IN THE PAST, YOU, YOU AS A LANDOWNER SELLING IT, YOU HAD TO PROVE IT.

STAFF, I I THINK THEY KIND OF GOT A LITTLE CONFUSING.

THEY STARTED SAYING, OKAY, WELL LET ME, LET ME FIND OUT IF THIS LAND IS PROFITABLE.

WE'RE NOT IN THE LAND PROFIT, YOU KNOW, THE CROP PROFITABILITY BUSINESS.

IT SHOULD BE MY RESPONSIBILITY SELLING THE LAND TO SHOW YOU THAT'S THE WAY OUR, OUR, OUR CODE IS HEADED.

WELL, I THOUGHT WE SAID THAT THAT WOULD HAVE TO STILL AND STILL GO THROUGH THE STAFF DEPARTMENT FOR THOSE GUYS TO MAKE THE DECISION JUST BECAUSE IT DOESN'T COME TO THIS BOARD ANYMORE.

RIGHT.

THEY'RE STILL DOING THE BACKGROUND AND STILL DOING ALL THE INVESTIGATIVE WORK BEHIND SCENES.

NO, IT DOESN'T SAY THAT THOUGH.

RE READ.

UH, LET'S SEE, MR. CHAIRMAN, IF, IF I MAY, JUST TO, TO TO ADDRESS MR. COGGINS CONCERN THAT STAFF IS GETTING TOO FAR INTO THE WEEDS.

MY WORDS NOT YOURS, BUT, UM, I, I, I BELIEVE THE, THE EXAMPLE AND THAT, LET'S, LET'S JUST SAY IT.

WE'RE TALKING ABOUT SPRATLEY MILL HERE, AND ONE OF THE REASONS WHY

[00:30:01]

STAFF DID THAT ADDITIONAL DIGGING, MYSELF INCLUDED, IS BECAUSE WHAT WAS PROVIDED IN OUR ORDINANCE AND WHAT HAD IN THE PAST BEEN SATISFACTORY WAS NO LONGER AN OPTION THAT WAS AVAILABLE.

SO WE FELT THAT BECAUSE OUR ORDINANCE HAD THAT REQUIREMENT AND THE, THE WHAT HAD BEEN THE NORM IN THE PAST OR STANDARD OPERATING PROCEDURE THAT THE, THAT THE OWNER COULD GO TO AND GET AND GET THIS LETTER FROM USDA OR VIRGINIA TECH OR WHEREVER IT WAS, THAT WAS NO LONGER AN OPTION AVAILABLE.

SO THAT'S WHY WE GOT MORE INVOLVED THAN WE NECESSARILY HAD PERHAPS IN THE PAST BECAUSE WE WERE TRYING TO COME UP WITH A WAY TO MAKE THAT, THAT PIECE OF OUR ORDINANCE ENFORCEABLE.

AND IF YOU RECALL, WHEN WE DID BRING RALEY MAIL, WE DID HAVE DOCUMENTATION THAT WE FELT SATISFIED THAT REQUIREMENT.

IT WASN'T THE TRADITIONAL, AND WHEN I SAY TRADITIONAL, WHAT HAD BEEN USED IN THE PAST, BUT STAFF FELT THAT THAT, UM, THAT CHECK, CHECK MARK HAD BEEN CHECKED AGAIN, REASONABLE MINDS WILL DIFFER, BUT WE FELT THAT IN GOOD FAITH WE HAD BEEN ABLE TO, UH, PRODUCE.

NOW I UNDERSTAND YOUR POINT.

SHOULD WE HAVE BEEN THE ONES DOING THAT? OR SHOULD IT HAVE BEEN THE LANDOWNER? I THINK WE FELT SOME, I I CAN'T SPEAK FOR MR. WADE, BUT I WILL TELL YOU THAT I FELT SOME LEVEL OF RESPONSIBILITY TO HELP ACHIEVE THAT OBJECTIVE IN OUR ORDINANCE BECAUSE THE MECHANISM BY WHICH IT COULD BE ACHIEVED IN THE PAST WAS NO LONGER AVAILABLE.

MR. WADE, ARE YOU NOT ABLE TO PULL UP THAT, THAT SECTION? I MEAN, YOU PROBABLY OUGHT TO KNOW IT BY VERSE IN CHAPTER.

WELL, IT'S, IT'S, IT'S, IT IS CURRENTLY I THINK MINA CODE KIND OF SOMEWHAT, I THINK IT IN A, IN AN AMENDMENT TO THIS MINA CODE, IT, I THINK IT GOT LOST IN ONE OF THE CODE SECTION UPDATES.

UM, SO I I DO KNOW THAT IT'S ACTUALLY ON ONE OF THE PREVIOUS WHERE BOARD, DO YOU REMEMBER WHAT BOARD MEETING THAT WE, WE HAD AT THE PUBLIC HEARING? OKAY.

I THINK MAYBE, I GUESS THIS, THIS WAVE AND MS. PERKINS THAT THE, MY UNDERSTANDING, I TALKED TO THE FARMER, I TALKED TO THE FARMER THAT FARMED THE LAND PREVIOUS TO THE CURRENT FARMER BEFORE THE LAND WAS SOLD.

BOTH OF 'EM SAID THE LAND WAS JUST LIKE ANY OTHER PIECE OF LAND IN SURREY.

IT WAS NO DIFFERENT.

IT WASN'T UNPROFITABLE, IT WASN'T, NEITHER OF THE FARMERS WERE CONTACTED TO EVEN ASK TO PROVIDE.

I I WOULD LIKE, I MEAN MAYBE STAFF COULD PROVIDE ME INFORMATION WHERE THE, THE OWNERS BUYING THE PROPERTY WENT OUT AND, AND DID THIS DIGGING.

BUT MY UNDERSTANDING FROM BOTH OF THE FARMERS IS THE LAND WASN'T A BAD PIECE OF PROPERTY.

IF THEY HAD THE OPPORTUNITY TO FARM IT TODAY, THEY WOULD FARM IT.

THAT IS THE WAY OUR ORDINANCE IS WRITTEN AND THE COUNTY STAFF NEEDS TO ENFORCE IT THE WAY IT'S WRITTEN.

IF IT THEY CAN'T BECAUSE THEY CAN'T GET THAT DOCUMENTATION, THEN WE GOT A PROBLEM.

WE CAN'T BE APPROVING STUFF UNTIL WE HAVE THAT CLARIFIED.

I MEAN, IF IT TAKES, MIGHT NEED TO GO TO A JUDGE AND GET A JUDGE TO COME IN AND, AND MAKE A DECISION ON IT.

BUT YOU SEE WHAT I'M SAYING? WE JUST CAN'T, YOU KNOW, I'M, I'M SEEING DRIVING HERE TODAY, HOUSES POPPING UP ALL ON ROUTE 10 IN FIELDS THAT BOTH OF THE ONES ON ROUTE 31, THE FARMERS FARMED IT AND WOULD FARM IT TODAY.

SO THEY WERE APPROVED NOT IN ACCORDANCE WITH ARE AR R ZONING ORDINANCE MR. KAGAN? I, YES, SIR.

WANNA BE RESPECTFUL? UM, I'M, I'M GONNA CALL A POINT OF WATER BECAUSE I THINK YES, SIR, WE'RE HASHING SOMETHING THAT, THAT HAS ALREADY BEEN SAID AND DONE AND I, I UNDERSTAND YOUR, YOUR PASSION AND YOUR CONCERN.

I'M TALKING HOLD ON, ON, HOLD ON, HOLD ON.

YES SIR.

YEAH, I, I, WE ARE TALKING ABOUT PRETTY MUCH SPREAD.

LET ME RIGHT NOW IN THE FUTURE, MR. WADE HAS ALREADY STATED THAT WE, WE, THE PLANNING COMMISSIONER NOR STAFF CAN CONTINUE TO DO ANYTHING BECAUSE THE, UM, THE VOTE HAS BEEN TABLED BY THE BOARD OF SUPERVISORS.

I DID HEAR MR. WADE SAY THAT HE'S WILLING TO, UH, FACILITATE ANOTHER SUBDIVISION SUBCOMMITTEE TO TALK ABOUT, UH, CONCERNS AS THE SUBDIVISION SUBCOMMITTEE STILL CONTINUES TO HAVE MM-HMM .

AND I, I HEARD HIM ASK FOR TOPICS FOR THAT.

SO IF THIS IS A TOPIC THAT YOU WOULD LIKE TO, UM, HAVE DISCUSSED IN THE SUBCOMMITTEE, I SUGGEST THAT YOU, YOU KNOW, MAKE SURE MR. WADE IS, IS IS AWARE OF THAT AND, AND WE, WE HAVE, WE DISCUSSED IT OVER THERE.

SO, AND THAT'S, THAT'S IS MY ONLY RECOURSE ASKING MS. PERKINS IS MY ONLY RECOURSE THEN TO GET A LAWYER AND GET A INJUNCTION, TO GET A JUDGE TO ISSUE AN INJUNCTION, TO NOT ALLOW ANY MORE LOTS UNTIL, I MEAN, HE WOULD MAKE THE DECISION IF WE'RE IN ACCORDANCE WITH THE ZONING.

CORRECT.

A JUDGE WOULD DO THAT.

I MEAN, WE CAN'T DO IT.

I MEAN, HOW DO I OVERRIDE, I I'M, I'M, I'M REALLY NOT COMFORTABLE ANSWERING THAT QUESTION BECAUSE YOU'RE TALKING ABOUT FILING A LAWSUIT AGAINST MY CLIENTS.

SO, UM, I, I'M, I AM NOT COMFORTABLE.

[00:35:01]

WHAT I CAN COMMIT TO IS I CAN HAVE A DISCUSSION WITH MR. WADE OFFLINE.

I CAN FIGURE OUT HOW MANY SUBDIVISIONS HAVE BEEN APPROVED.

I'M NOT INVOLVED IN THAT PROCESS.

SO I DON'T EVEN KNOW IF THIS IS, IF, IF THIS HAS BEEN AN ISSUE OR IF THIS HAS BEEN A CONCERN.

WE ALSO HAVE NOT FOLLOWED UP WITH THE BOARD OF SUPERVISORS TO SEE WHAT THEIR TIMELINE FOR BRINGING THE SPAC IS, OR IS THEIR TIMELINE TO NOT BRING IT BACK AT ALL.

I, I DON'T KNOW THE ANSWERS TO THAT QUESTION.

THAT THAT IS NOT SOMETHING THAT, UH, THOSE AREN'T DISCUSSIONS THAT I HAVE BEEN, THAT I HAVE BEEN PRIVY TO.

SO IN TERMS OF WHAT A JUDGE HAS THE ABILITY TO ANSWER OR NOT ANSWER, IT ALL DEPENDS ON WHAT KIND OF LAWSUIT IS BROUGHT.

SO, AND AGAIN, I DO NOT FEEL COMFORTABLE ANSWERING THAT QUESTION.

OKAY, JUDGE, I'M SORRY, MR. I DIDN'T NEED TO GET TO THANK YOU AND I'M NOT, YOU KNOW, THE STUFF THAT'S ALREADY HAPPENED HAS ALREADY HAPPENED, BUT IF YOU DRIVE TO BAKER'S CASTLE AND LOOK TO YOUR LEFT, THERE'S, THERE'S HOUSES AND TRAILERS AND EVERYTHING IN A FIELD THAT WAS FARMED LESS THAN A YEAR AGO.

YOU DRIVE TOWARD DENVER, UH, ELBURN ON THE LEFT, THERE'S HOUSES SHOT RIGHT UP RIGHT IN A ROW, YOU KNOW, AND, AND NOW I DRIVE BY SPRATLEY MILL EVERY DAY.

IT, IT, THERE'S A SUBDIVISION, LIKE NEW NEWPORT NEWS OR HAMPTON, THERE'S A HOUSE YOU CAN THROW A ROCK OUT ONE WINDED TO THE NEXT HOUSE, UH, AT SPRATLEY.

WELL, THAT, THAT'S FINE.

THAT'S WATER OVER THE DAM WHAT'S BEEN APPROVED.

MY CONCERN IS HOW ARE, IF THE BOARD IS GOING TO TAKE AN EXTENDED AMOUNT OF, ARE WE STILL GOING THROUGH JUST APPRO THEM? YOU KNOW? AND, AND SO I'M FINISHED WITH THAT.

I'LL, I'LL GET OFF.

I DO HAVE ONE OTHER TOTALLY DIFFERENT ISSUE.

IS THAT OKAY? YES, SIR.

YES SIR.

I DID HAVE, AND I'VE HAD IT HAPPEN BEFORE.

I DON'T KNOW IF ANY OTHER BOARD MEMBERS, PEOPLE COME TO ME AND ASK ME WHERE, WHERE ARE WE AT ON, YOU KNOW, BACK IN THE DAY IT WAS SOLAR FARMS, YOU KNOW, ARE THEY GONNA START THE ONE ACROSS FROM VO? WHEN ARE THEY GONNA START THAT? WHEN IS THEIR CONDITIONAL USE PERMIT UP? AND, AND THE NEWEST ONE IS THE DATA CENTER.

WHEN IS THE, THE DATA CENTERS, IS THERE A WAY FOR US LIKE TO HAVE A, A ROLLING, I MEAN, I KNOW, DO Y'ALL HAVE LIKE A CHART OF WHEN SOMEBODY, WE APPROVE SOMETHING SO PEOPLE CAN KNOW, YOU KNOW, IF SOMEBODY ASKS US, HEY, HOW MUCH LONGER DO THEY HAVE BEFORE THEY RUN OUT OF TIME? IS THAT THE, YOU KNOW, THAT'S, THAT'S WHAT THEIR THOUGHT IS.

WELL, IF THEY DON'T START, THEY'RE GONNA MISS OUT AND THEY'LL HAVE TO BRING IT BEFORE US AGAIN.

IS THERE A WAY, I MEAN, IS THAT, IS THAT OUT OF THE ORDINARY TO ASK THAT WE COULD HAVE NOT A, MAYBE A PART OF OUR AGENDA, BUT YOU KNOW, JUST THE FYI THESE ARE OUR CURRENT, WE COULD CERTAINLY EMAIL YOU AND ASK YOU, HEY, YOU KNOW, WHAT ARE THE CURRENT THINGS THAT WE'VE APPROVED? WE, WE APPROVED A RESTAURANT RIGHT THERE AT BLACKWATER AND UM, WHATEVER.

NOTHING EVER, YOU KNOW, HAVEN'T HEARD ANYTHING ABOUT.

I WAS KIND OF LOOKING FORWARD TO BE ABLE TO RIDE MY BIKE OVER THERE AND GET SOMETHING DOWN.

IT'S KIND OF CLOSE.

BUT WHAT HAPPENED? THEY JUST, YOU KNOW, IT'S KIND OF, PEOPLE ARE REALLY KIND OF CURIOUS WHEN THEY COME TO THE MEETINGS AND THE HEARINGS AND THEY HEAR THE STUFF AND THEN THEY NEVER HEAR ANYTHING ELSE ABOUT IT.

IS THAT A, IS THAT A NORMAL THING TO, I MEAN, I COULD, I COULD SPEAK GENERALLY ABOUT THAT.

NOT A SPECIFIC PRO UH, PROJECT MS. PERKINS MAY BE ABLE TO SPEAK ON, ON A PARTICULAR, PARTICULAR PROJECT, UM, THAT YOU'RE TALKING ABOUT.

BUT AS FAR AS GENERAL PROJECTS, IF YOU ALL, LET'S SAY YOU ALL ARE PART OF A APPROVAL PROCESS AS A COMMISSION, THEN, UH, OTHER LOCALITIES HAVE HAD PLACES WHERE THEY, AND SOMETIMES THEY'VE HAD LIKE JUST PROJECT UPDATES.

SAY WE'RE, WE'RE, WE'RE WE JUST, YOU KNOW, AS A COMMISSION WE RECOMMEND APPROVAL FOR THIS PROJECT OR WHATEVER IT WAS.

BUT YOU, THE BOARD APPROVED IT BETWEEN THE, BETWEEN THE PLANNING COMMISSION AND THE WORSHIP PROVIDERS.

THERE COULD BE A PROJECT UPDATE REQUEST, MAYBE A, A MONTHLY OR QUARTERLY TYPE OF UPDATE OF WHERE, WHERE PROJECTS MAY BE.

FOR EXAMPLE, YOU KNOW, YOU HAVE ONE PROJECT THAT GOT APPROVED IN 2018.

YOU'RE JUST SEEING GROUND BREAK LAST LIKE TWO YEARS AGO.

TWO YEARS AGO.

SO, AND YOU'RE STILL, YOU KNOW, YOU'RE, YOU HAD A PROJECT THAT WAS APPROVED BEFORE THAT, UM, IN 2018 THAT THAT GROUND GOT START GROUND START BREAKING IN 2020.

AND YOU'RE JUST SEEING ONE OF THOSE PROJECTS FINISH UP.

WE JUST GOT AN NOTA NOTICE OF TERMINATION FROM DEQ ON THAT PROJECT THIS PAST WEEK.

SO THERE'S SOME PROJECTS THAT ARE GONNA KEEP GOING FOR A WHILE UNTIL THEY ARE COMPLETED.

AND IT MAY BE AN INTERESTING THING TO HAVE A DASHBOARD OF WHERE ARE WE WITH COMPLETION.

I SEE, I SEE THE GIST OF THAT.

'CAUSE PEOPLE IN THE PUBLIC WANNA KNOW.

YEAH.

AND FOR EXAMPLE, WITH CAVALIER, PEOPLE ARE WONDERING WITH CAVALIER, IS THAT PROJECT FINALLY OVER BECAUSE THEY'RE, THEY'RE, AND THEIR CONSTRUCTION TRAFFIC THAT IS, HAS DIED DOWN CONSIDERABLY, BUT THEY'RE STILL, THAT PROJECT IS STILL ACTIVE.

UM, SO, UM, YOU KNOW, DASHBOARD, HEY, HOW CLOSE ARE WE TO BEING DONE WITH THAT PROJECT FROM NOT HAVING TO WORRY ABOUT ANY CONSTRUCTION TRAFFIC, JUST NORMAL MAINTENANCE.

RIGHT? SO THERE, THERE, THERE ARE WAYS WE CAN, WE CAN KIND OF BRING THAT BACK TO THE COMMISSION, THE BOARD TO LET PEOPLE KNOW WHERE THE PROJECT STANDS.

UM, SO THAT, AND IT IS, IT IS NOT ABNORMAL TO, TO REQUEST THAT INFORMATION.

SO IT'S JUST IS THAT INFORMATION THAT THE COMMISSION AND BOARD WANNA SEE? I THINK IT'D BE HELPFUL FOR PEOPLE

[00:40:01]

THEN IF THEY ARE REALLY FRETTING ABOUT SOMETHING AND IT'S ALREADY TIMED OUT.

LOOK, YOU DON'T HAVE TO FRET ABOUT THAT ANYMORE.

YOU KNOW? SURE.

WE'VE KIND OF MOVED ON, YOU KNOW, MOVED ON PAST THAT.

SURE.

ON THE, MAYBE, MAYBE A LITTLE LINK ON THE, THE DASHBOARD IDEAS IS GREAT.

YEAH.

IT HELPS, YOU KNOW, PERCENTAGE WISE AND WHEN MAYBE EXPECTED DATE OF COMPLETION MAYBE FOR PEOPLE TO KNOW WHEN IT'S COMPLETED, HOW MUCH IS COMPLETED.

SO, UM, THAT'S, THAT'S SOMETHING TO CONSIDER.

I KNOW A LOT OF PLACES HAVE THAT.

A LOT OF PLACES HAVE SOME TOOLS TO, UM, MAYBE ADD TO GIS SO THEY CAN SEE WHERE THESE PROJECTS ARE LOCATED AND, AND SOMETIMES THE, UM, ESRI, WHICH IS THE, WHICH IS THE PROGRAM THAT HOUSES GIS, UM, THEY HAVE PROGRAMS UP THERE, YOU CAN ACTUALLY PUT THAT DASHBOARD ATTACHED TO THE PROJECTS.

SO, YOU KNOW, THAT'S SOMETHING THAT WE COULD, WE COULD CONSIDER IF, YOU KNOW, ALTHOUGH IT IS, IT IS A CONSIDERABLE AMOUNT OF WORK FOR STAFF TO GET TO GET TO THAT LEVEL.

BUT THE, THE, THE TECHNOLOGY IS OUT THERE TO DO THAT.

ALRIGHT, THANK YOU MR. WILLIAMS. MM-HMM .

OH, CUT.

JUST TO FOLLOW UP ON THAT.

YES.

SO I MEAN, EVEN JUST HAVING A STATUS REPORT HERE, IS THAT SOMETHING WE'RE ABLE TO DO, UM, QUARTERLY? I MEAN, DO WE HAVE TO LIKE, MAKE A MOTION? IS THAT WHAT MR. WADE NEEDS TO MOVE FORWARD? I I, I DON'T KNOW.

I ASK MR. WADE OR I MEAN JUST, JUST AS A MAYBE A, A PLANNING COMMISSION CONSENSUS.

JUST IF THAT'S WHAT THE COMMISSION DESIRES AS A CONSENSUS.

I DON'T THINK YOU NEED TO NECESSARILY VOTE ON IT OR A MOTION FOR IT, JUST A CONSENSUS.

IF YOU, IF THAT'S SOMETHING THAT YOU'D LIKE TO HAVE, IT'S, IT'S, IT'S PROBABLY SOMETHING THAT CAN PUT AS PART OF THE PC SECRETARY COMMUNICATIONS.

RIGHT.

THAT'S WHAT I WAS GONNA SAY.

THAT'S WHEN YOU GET TO THAT POINT, YOU CAN LET US KNOW AND JUST ABOUT LIKE THE BIG ONES AND THINGS THAT HAVE COME THROUGH.

NOT EVERYTHING HERE.

HE CAN PUT IT RIGHT IN THE PACKET WITH THE PC SECRETARY COMMUNICATIONS.

YEAH, THAT'D BE GREAT.

OKAY.

MS. PERKINS, DID YOU HAVE ANYTHING ELSE? UM, MR. CHAIRMAN, JUST, JUST THE CAVEAT IS IF A MATTER IS IN LITIGATION, WE WOULD NOT BE ABLE TO PROVIDE AN UPDATE BEYOND THE MATTER IS IN LITIGATION.

SO WITH RESPECT TO THE DATA CENTER, THAT MATTER IS STILL IN LITIGATION.

I HAD, SEE WE DIDN'T HAVE A CLUE WHERE IT WAS.

SO LITIGATION MEANS IT HASN'T TIMED OUT.

CORRECT.

CORRECT.

CORRECT.

OKAY.

ALRIGHT.

THANK YOU MR. WADE.

ANYMORE.

PC SECRETARY COMMUNICATIONS.

THAT'S ALL, THAT'S ALL I'VE GOT.

ALRIGHT.

ANY OTHER COMMENTS FROM THE COMMISSION? ONE MORE.

I HATE TO BE ALLOWED.

I I REALLY WASN'T EVEN GONNA COME TONIGHT.

I PROMISE I WASN'T , BUT SOMEBODY DID CALL ME LAST WEEK AND IT WAS A 45 MINUTE PHONE CALL AND, AND I'M JUST, I I DON'T KNOW WHERE, WHOSE RESPONSIBILITY.

I'M ON THE HISTORICAL PRESERVATION AS A LIAISON FROM THE PLANNING COMMISSION.

AND THEN WE TALKED ABOUT THIS AT THE PLANNING COMMISSION LAST WEEK AND THEY WERE VERY CONCERNED ABOUT THE ENUS FARMHOUSE.

I'VE NOT, I KNOW WHERE IT IS.

I'VE BEEN THERE.

I SAT ON THERE DURING THE NATIONAL NIGHT OUT AND ATE MY HOT DOG.

BUT THEY SAID IT, THE ROOF IS LEAKING THE WINDOWS, THE, UM, IT'S DAMAGING THE FLOOR AND DA DA I HAVEN'T BEEN THERE, DON'T KNOW ANYTHING ABOUT IT.

BUT WHAT, WHAT WOULD, WHAT SHOULD I TELL THEM IS THEIR NEXT STEP? DO THEY NEED TO MAKE A FORMAL REQUEST TO US OR TO THE HISTORICAL PRESERVATION OR IT SOUNDS LIKE THEY MAY CONTACT THEIR BOARD OF SUPERVISOR REPRESENTATIVE.

IT SOUNDS LIKE SOME OF THE MISCOMMUNICATION THAT I'M HEARING TONIGHT ARE SOME QUESTIONS THAT COULD BE ANSWERED BY THE BOARD MEMBERS.

THAT WAY MISCOMMUNICATION CAN'T BE SENT OUT TO THE COMMUNITY.

UM, BUT SOMETHING LIKE THAT COULD BE SHARED WITH THE, UH, RESPECTIVE BOARD MEMBER THAT'S IN THAT DISTRICT SO THAT WAY THEY CAN DIRECTLY CONTACT STAFF TO GET 'EM DIRECTION.

AND THAT'S WHAT I'LL DO.

THANK YOU MR. PIERCE.

YOU NEED TO CALL.

ALRIGHT, THANK YOU.

YOU'RE WELCOME.

ANY OTHER QUESTIONS FROM THE COMMISSION, MS. PERKINS? MR. CHAIRMAN? UM, HI.

UM, SO MR. COGAN HAD FOLLOWED UP WITH ME ABOUT A COMMITMENT I MADE TO PROVIDE YOU ALL WITH FOLLOW UP INFORMATION ABOUT WHAT OTHER JURISDICTIONS ARE DOING WITH REGARD TO THE PLANNING COMMISSIONS AND SUBDIVISION APPROVALS AND, UM, KIND OF AFTER, AFTER THAT LAW CHANGE KIND OF HOW, HOW HAVE OTHER LOCALITIES KIND OF INVOLVED THE PLANNING COMMISSION OR NOT INVOLVED THE PLANNING COMMISSION.

UM, AND I SHARED WITH HIM THAT I WOULD HAVE AN UPDATE FOR YOU ALL TONIGHT, UNFORTUNATELY, UH, I NEED A LITTLE BIT MORE TIME.

UM, MUNI CODE, A LOT OF LOCALITIES HAVE NOT YET HAD AN OPPORTUNITY TO UPDATE THEIR ORDINANCES.

LIKE, LIKE US.

WE HAVE NOT HAD THAT OPPORTUNITY.

SO MUNI CODE, UM, WAS NOT A GOOD REFERENCE POINT FOR ME.

SO I'VE REACHED OUT TO MY COLLEAGUES, UM, THROUGHOUT THE STATE AND I'M GATHERING INFORMATION, BUT IT'S COMING IN VERY SLOWLY.

SO I APOLOGIZE I DON'T HAVE THAT UPDATE READY FOR TONIGHT, BUT I HOPE TO HAVE THAT UPDATE FOR NEXT MONTH.

SO THANK YOU.

THANK YOU MS. PERKINS.

ANY OTHER QUESTIONS OR COMMENTS? SHE JUST REMINDED ME, MS. PERKINS JUST REMINDED ME IF, HOW ABOUT THE, UM, SHORT TERM RENTAL? WHERE ARE WE ON THAT?

[00:45:01]

YOU'RE BRINGING UP ALL THE SKELETONS IN MY CLOSET TONIGHT.

UH, NO.

UM, SO THAT ORDINANCE, UM, WAS, I OUTSOURCED THAT ORDINANCE WORK AND WE RECEIVED, UM, THE, A DRAFT BACK FROM OUR, UH, THE OUTSIDE COUNSEL I ENGAGED.

UM, AT THIS POINT, UM, OTHER PRIORITIES HAVE HAVE TAKEN PRIORITY.

IT IS STILL ON MY PLATE.

WE NEED TO, UM, MR. WADE AND I NEED TO HAVE A MEETING WITH THE COMMISSIONER OF THE REVENUE SINCE HE WILL BE IMPACTED IN WHATEVER ULTIMATELY GETS, UM, GETS ENACTED IF AN ORDINANCE GETS ENACTED.

SO IT IS, IT IS STILL ON OUR TABLE AND WE'RE STILL WORKING ON IT, BUT THANK YOU.

THANK YOU, THANK YOU.

ALRIGHT, ANY OTHER QUESTIONS, CONCERNS OR COMMENTS, MR. WADE? ANYTHING ELSE I GOT? I'M GOOD.

IF NOT, I'LL ENTERTAIN A MOTION TO ADJOURN.

I THANK TO OUR NOVEMBER, IS IT 16TH? THAT'S CORRECT.

TO OUR NOVEMBER 16TH MEETING.

ADJOURNED.

IS THERE A SECOND? SECOND.

ALL IN FAVOR? ALL RIGHT, WE ARE ADJOURNED.

EVERYONE HAVE A GREAT EVENING.