Planning Commission - Regular Meeting

Is it time to start the live stream? There we go. Madam Chair, yes, we are we have unmuted. We are live streaming. I hereby call to order the meeting of September the 16th, the Lake District County Planning Board Commission to order. Would the clerk please call roll? Jason Cavalier here. Yokima Kuritan here. Lynette Henson here. Judiana Tinkllinberg here. Michelle Richards here. Sheila Henson here. Francis Lou. Absent.

Would the clerk please make a note on the record that a quorum of the planning commission is present? Public notice of the meeting, including the meeting agenda, has been posted the required length of time in the lobby of the county administration building and on the county website, and the news media was notified of the meeting place and time. Welcome to the Lancaster County Planning Commission meeting. Please make sure that you've turned off all of your electronic devices and silence them. Please abide by the posted rules of this meeting room such as removing your hats, no bare feet, no profanity, acting like civilized people. Um, a signup sheet has been provided at the entrance room at the entrance to the room. If you haven't already, please add your name to the list for the relevant agenda item and you will be called to speak at the appropriate time. Now, please let us rise for the pledge of allegiance and the opening prayer. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Let's bow our heads in prayer. Most heavenly and gracious father, we thank you for bringing us together tonight. As we begin this board meeting, we ask for your guidance and wisdom in our decisions and our discussions. Grant us clarity of thought, unity of purpose, and the strength to work collaboratively with open hearts and open minds. Help us to be patient, respectful, and focused on what is best for Lancaster County and the people in it which we serve. We especially pray for Commissioner Lou who is not with us tonight due to an unexpected death in her family. We pray all this in Jesus' name. Amen. Amen.

Commissioners, you have before you the agenda for tonight's meeting. Do I hear a motion? Motion to approve. Do I hear a second? Second. Um, Madame Chair, I amend to remove items RZ 20241663 Meritage Homes and item RZ 2025 1292 MPV activity road from the agenda at the applicant's request.

Do I hear a motion? Motion to approve. Second. Oh, show of hands in favor of the motion. Motion is so approved. 6 to zero. So, um, now we need to go back and Yes, ma'am. That was the motion to approve the amendment. Now, you need to approve the agenda as amended, please. Now, do I have a motion to approve the amended agenda? You already have the motion. You just need to vote. We just need a vote. All right. Do I have a show of hands for approving the amended agenda?

Six to zero. All righty. So, the next item on the agenda is the approval of the minutes. Um, Madam Chair, yes, sir. May I take one moment, please? Per the applicant's request, the items that they just amended have been taken off of the agenda for tonight. If you were here to speak for those items, they will not be heard. We anticipate them being rescheduled in the near future and that will be published when they are scheduled. So, if you're here for the meritage or the MVP projects, you do not have to stay as those items will not be heard tonight.

Thank you, ma'am. Thank you. So, next item on the agenda is the approval of the minutes. We'll start with item 4A, the July 15, 2025 regular minute meetings. Madame Chair, I um would like to say a few words. Yes.

Thank you. Thank you, Madam Chair. Um I have something to say about our July meeting that has not been publicly addressed and I feel that it's important. Please allow me to complete this without interruption. I listened to our recording of the July meeting again and while the minutes are conclusive to the most part, they are by no means a full representation of that meeting. For these reasons, I felt I needed to substantiate the context. I have said it before sitting up here and I will say it again. To be unclear is to be unkind. I will take it a step further to say that I think everyone that sits around me on this commission knows that I will search for the truth in all that we do. It is easy to take one part of a hole and run with it, but it misses the context. Context is deced as the circumstances that form the setting for an event, statement or idea and in terms of which it can fully be understood. These minutes leave out all of the context. I recently heard a fitting quote that unfortunately rings loud as I prepared this statement. It reads, "Text without context is only a con. A con per definition is to persuade or do something by use of deception or tricking." So in this case, I would hope that staff would want all context included for full transparency and accountability. So there is no question in the details of these July minutes. I will always be fully transparent and not leave out the context that is often proven to be the most important part of the whole and oftentimes it's the hardest to say out loud. Accountability is uncomfortable but it is admirable and needed. I motioned last month to amend these minutes because it lacked any context. The irony is staff included footnotes to these meeting minutes but not to provide clarity to point fingers. If they wanted to be technical with footnotes, let's get technical, include

all of the detailed context that was left out. The details are that the county attorney did find that we should have had our election in July. I was merely trying to keep us as a commission legal and make sure that we had a legitimate meeting that evening. The fact is, we should have had the election and voted on officers to run during that meeting. Unfortunately, for reasons I don't know, the staff removed the election from our agenda without proper communication, nor did our prior chair communicate this change with his fellow commissioners. I believe we should not have to worry about staff meddling in our administrative duties as a commission. So, no, we were not checking our agenda a week before to see if the election was included or not included. We discussed the election previously in our June public meeting, so it should have been on the agenda. The removal of the election suggests some form of outside control or conspiring to mislead us. In that moment, I asked during the meeting to hold our elections of staff, nor our previous Well, I'm sorry. I asked during the meeting to hold our election staff nor our previous chair led us into doing the right and legal thing. Thus, the entire meeting was in error and it ultimately led to more confusion moving forward with our commission elections. It is important that we get things right simply because it is the right and noble thing to do. Doing what is right leads me to the last part. I mentioned that I was uncomfortable in the July meeting because I knew we were being forced to carry on when it was not right or legal to move forward. Instead, I was mocked by staff responding to me in a condescending way trying to make me look incompetent or incorrect for stating that I was uncomfortable. I will always be uncomfortable doing something that I know is wrong. This is this will not be tolerated. Let the recorded indicate that they were incorrect and completely

out of line and unprofessional. The July meeting was in error and thankfully for staff everything that evening was deferred and no measure major decisions were made during our meeting. Since then, staff has had two months to publicly take accountability and responsibility and has chosen not to do so. So, let this memo and the full context be the record. I do not need a public apology, knowing that I was merely trying to do what is right and the law on my side gives me the peace that I need. However, what would have gone far in making positive amends and gaining trust again among the staff and the commission. I wish to move forward with the expectation of mutual respect and professional conduct as we are all here trying to do what is best for Lancaster County. And as a reminder, we are all volunteers on this commission and unpaid. It is always my goal to keep this commission fully transparent in all of our affairs with full contact context of our meetings being documented. Thank you for listening and giving me the opportunity to correct presentation of our meeting and what transpired within our commission. Let's all just move on. Thank you for your time.

Thank you, Madam Chair. Does this statement constitute an amendment to the minutes? Does it should it be attached to the minutes? Um, I amended at the last meeting that I would provide a written statement. I plan to provide this as that.

Madam Chair, may I make a comment? Um so and thank you so much vice chair for um sharing that but and I felt very similarly. I actually sent an email detailing exactly that to our previous chairman and asked that we have a public apology that was as loud as our public chastisement during that meeting which didn't happen. Um so I just appreciate you for sharing that. I want everyone to know that what happens in this commission is public and transparent. I want you all to know that we do our very best to share in real time what happens um so that you all understand what's going on here and so that we make it right as it should be. So thank you for that.

Thank you Yoki. So, do I have a motion to accept the July 15, 2025 regular meeting minutes with as amended by Miss Tinkler, Commissioner Tinklenberg's comment? I make a motion to approve. Second.

Oh, um, Miss uh, Henson. Miss Lynette Henson, sorry. Commissioner Lson. All right. Commissioners, can we please have a Well, let me phrase that. So, we are voting to accept the July 15th, 2025 regular meeting minutes as amended by the comments by Commissioner Tinklinburgg. Um, Commissioner can have a show of hands to accept this motion. Those opposed.

Okay. Motion passes 4 to one. The next item on the agenda is the August 19th, 2025 regular meeting minutes. Do I hear a motion to approve these minutes? Motion to approve. Do I hear a second? Second.

Do we have any comments or discussion from the commissioners? Yeah, I would like I'd like to share commissioner or chairman that um so as we speak about context, my dissension wasn't just a dissension about waiting for you to be here as you were in route, but also Commissioner Henson was in route. And so, um, the conversation was just about you being in route and my, um, my dissension was about if we're not going to wait for both, then we're not just going to wait for one. So, yes, I I'm on the record as a dissenting vote, but not just not to wait for you. It was because Yes. Miss Kirsten, are you referring to the um

August August 19th or the September the 4th workshop meeting? August 7th. Okay. So, we we weren't there yet. Oh, thank you.

That's okay. Um I do have one comment on the August 19th on page 29 of 380. I commented that um Bethlboat Landing was res was resurfaced in 2013. It was actually resurfaced in 2017. I don't know if I misspoke or if I got recorded incorrectly, but it's not a big thing, but it's just that's correct. It was it was actually uh resurfaced in 2017. Any other comments or questions to the August 19th regular meeting minutes? All right. So, um, we have a motion to accept the August 19th, 2019 regular meeting minutes as amended by me with the one date correction. Um, commissioners, can we have a show of hands in favor of the motion? Those opposed? It passes 6. Thank you for that clarification. Now, we will look at the September 4th workshop meeting minutes. Do I have a motion to accept these minutes?

Motion to approve. Second. All right. Any comments or discussions? There's no comments or discussions to um show of hands to approve the minutes for the September 4th workshop minute. Workshop meeting. No one here. Okay. Neither was I.

Okay. So, show of hands. Four. Four to zero. Y'all are not voting because you were not present. Motion passes. And last item is um the August 7th, 2025 workshop minutes which were asked to be amended by Commissioner Henson. Okay. That's what that was what your notes were from were from this one. Yeah. So, okay,

Miss Kuritan, can you send me um email of your statement so I can include that in the amended minutes? And I assume the yellow highlight is what's amended on these? Yes. Okay. Thank you. All right. Right. So, do I have a motion to accept the August 7th, 2025 workshop minutes as amended in the hard copy we got and as amended again by Miss Curitan? I make a motion to approve. Second. Um, show of hands for those who approve. I have a statement. I'm sorry. Excuse me, madam. What is the first amendment?

Um, so we these had already been amended once. There's already the one comment in yellow there that Miss Henson asked for. What is that comment? That is Lynette Henson asked if she were to nominate Michelle Richards or Miss Tinkleberg, would they accept the nomination? Miss Richard said that she didn't have the time and Miss Tinkleberg considered and then declined. That's what was added to those minutes. And now we're adding Miss um Puritan's comment as well, which was submit in writing to the staff. And it's a clarification. It was a clarification that not just one but two of the commissioners were not here and so to hold up the meeting for one wasn't fair or and or wise in my opinion.

So again um do I have a motion to accept the amendment or should the clarification to the amendment of the minutes for the August 7th 2025 workshop meeting? Did I do that correctly? Motion to approve the amendments. Second. Um those in favor, show of hands. Motion passes six to zero.

Can I just say something on that? I actually um I wanted that in the statement because I did want it to be known. Um the second um when I seconded for Miss Kuritan, um I wanted to hear her qualifications. I had already known you guys and I'd already heard Mr. Mr. Cavaliers and I just wanted to make that clear and that that's all. Thank you. Thank you. All right, Madam Chair. Is that a second amendment you're adding? Because that's not part of the statement. No, I didn't write it on there. It's not on there. Okay. But it sounded like an amendment. A second amendment. Second part of an amendment maybe

because that's not here. No, that's not on there. I'm just stating for the record that that's why I had that it was it was incorrectly um recorded. Thank you, ma'am. All right. Now, we will move into item number five, citizens comments. Madam Chair, I think you need to go back before the amendment and approve that. Say that again. I'm sorry, sir. We had an amendment to a motion. I believe you need to go back to the original motion and do a vote on that.

Just vote for as amended because you had the second amendment to that Miss Curton had made. That's actually technically the first one was already in there to vote as amended. So you didn't have to make an amendment. She made the amendment. So you have to go back and vote as a whole.

All right. Um, so, um, can I see a show of hands for voting for the amendment to the amended meetings from August the 7th, 2025 workshop? Show of hands. Passes six to zero. Thank you. All right. So, now we will try to move into citizens comments. Um, hold on a second here. What did I do with I know we have a couple of email comments. What did I do with them? Nope. That's those things here. Um well, let's start off. I find the emails. We have two people that have signed up to speak. Um thank you. Um so um we had uh two emails that wanted to um speak in the um general citizens comments. The first was from Jooff Larson who lives at uh 2010 Oliver Trace in Indian Land. He was um he emailed in um against the um new development that's going on at uh 9901 Barberville Road there at the intersection of um Highway 160 and Barberville in Indian Land. Um he was questioning it had been originally been denied and that there were no communications and now they were actively developing the site. Um the other comment was from uh Mr. Cody Henson um who al who lives at uh 4627 King Kingswood Drive in Indian Land. He was also voicing his concern about the uh development that's going on at 9901 Barville Road and the intersection of Highway 160 in the Indian Land area. Um once again um he was concerned that he thought that this uh development had been voted down and denied and was not

sure why they were continuing to develop the property. So uh the first person we had to um the one person we had to speak uh so let's see um uh please remember that this is a period that this period is not a dialogue with the planning commission or a question and answer session. This is a citizens opportunity to address the planning commission with their concerns. We ask that you address the planning commission as a body and not any individual commissioner. When your name is called, please come up to to the dis. Adjust the microphone as needed. State your name and address for the record. You will have three minutes to address the planning commission and your time will start after you have stated your name and address. Um, we ask that the rest of attendees please refrain from interrupting the speaker. Thank you. So, would Miss Janine Clifton please come up? Hi, I'm Janine Clifton. My address is 2023 Oliver Terrace, Indian South Carolina.

Pam, can you please speak into the microphone, please?

Sorry. 2023 Oliver Terrace, Indianland, South Carolina. And I'm also talking about the property Barberville Road and Fort Mill Highway. Again, um as a citizen, I'm finding it maddening to watch a developer move forward with a project this council rejected um by simply breaking down how they filed it. This is a very deceitful practice of circumventing your process and standards and it's set in a precedent that developers can do whatever they want. everyone. The developer has been transparent that they are co-developing the two properties at the corner of Barberville and Fort Mill Highway as a single major subdivision, all while filing peace meal paperwork documents that make it look much smaller. They are progressing and I feel like everybody's pretending the truth is not evident. You have the filings. You have the developers websites. We went on the news with it. You can visually see the work. It's being co-developed. Both sites are being cleared together. This is a major subdivision. The current filing is a Trojan horse to minimize back sets, buffer zones, opacity to the residents. They are not going to put in the right separation between us and them over um once built. How are we going to manage this? We're all going to have a oh darn. they really connected the two moment if they have to come back to you. Um the conversation shouldn't be something that's an after the fact. Once they do it, the neighborhood the neighbors very next to the original property being developed now are going to have none of the setbacks it requires. So please don't make this our problem. We are really coming forward so you can do something before they drop concrete. We found many violations. We keep bringing them forward even as we've watched them develop. It was a bla bad plan from the

beginning. So please again help us before they drop concrete. This is unfair to everyone even everyone in the county because if this developer can effectively do this and circumvent the UDO and your process then that means somebody else is going to do it again and this developer is developing other properties in the area. Um, so please let's hold everybody accountable to the UDO even if they don't like your answers when they come here. Thank you.

Thank you, ma'am. We don't have anyone else signed up to speak under the citizens comment section, so we'll consider ourselves out of citizens comment and moved on to the next agenda item. Uh the next item on our agenda is public hearing items for recommendation to county council. The first item number is case number DA 2021 0528 Arbor Meadows um also known as DA 20251506.

Thank you, Madam Chair. Um, tonight we have the proposal for a new development agreement for Arbor Meadows. As we discussed, this is a new development agreement that is fending off of one that previously had expired. The original one was approved back in 2021 and had an effective date clause that had some requirements to be done. If those requirements weren't completed by a certain date, the development agreement stated that it would be automatically terminated with no further action. The developers at the time did not perfect those requirements. Therefore, the development agreement terminated. This is a review prior to going to council of the new development agreements. The associated plat is the same exact plat that was submitted with the 2021 agreement and approved. However, since that time, staff and experiences have led us to request some changes and development agreements. Um, the staff has given you the redline version and comments regarding those changes that staff is proposing to both you and to council and would be happy to open up for any questions or discussions should you see anything other than the ones that I have identified or if you have questions of those in your development agreement. After your recommendation, this will be going up to council to complete the negotiations of this project.

Uh, thank you, Miss Williams. Do any commissioners? Do you have any questions for staff? Yes, Miss Tinkler.

Thank you. Um, Madame Chair, um, I guess my only question was under the section 4.01C where we're talking about the funds for public safety. Um, we were tasked as a commission um, by the county administrator to look into countywide impact fees additional to what Indian Land already has um, for the entire county. So, I just want to make sure moving forward um that we're including the correct language to make sure they're not exempt from paying whatever the future impact fees would be.

Yes, ma'am. If you refer to section 4.0F with a credit for fees, that section there states that they are um they would be responsible for anything that's implemented in the future. there there is a clause in there that they get credit for anything that they've paid previously. However, the attorneys are looking at the proper way to word that because the the impact fees and the the the requirements and the other parts of this development agreement are per house. So, you get them at your request of permits. So, there would be no credit to give because it's each individual house. So, for instance, if you had a home that you requested the permits for, say, today and a new impact fee was enacted tomorrow, when you come back on Friday, you would be responsible for the impact fees. Um, that is the negotiation and the council will have to decide how they want that worded, but I have ensured that they will be responsible for any future impact fees in that language.

Awesome. That sounds perfect. Any other questions? I I have a couple of questions. I just want I wasn't sure um which UDO applies. I mean um because you you referenced it in a couple of sections and you referenced it in exhibit E3. So I wasn't you didn't specify a particular UDO. Yeah. The the UDO that will be current when this is approved. Okay. So it's our current UDO. um if for whatever reason they decide to pull it or it's deferred um at the time that it's approved, it would be whatever UDO is current at that time.

And then one other question in section 4.04A roads um it says in here that um um road improvements are expected to be implemented on a schedule consistent with the development of the property. Developer is also responsible for maintenance of all roads that are not public roads. Pursudence with ordinance blah blah blah. The developer acknowledges the county council via a supermajority majority will only accept as a public road those roads constructed in full compliance with the UDO and providing connectivity to the county road system or serving as necessary component for the proper development of the county road system. So I thought we weren't taking any county roads. We weren't taking any more roads. We are not. Um however there is um part of the code that should county fill the need. So if there are certain requirements they can with a super majority do that. There have been some very very rare occasions that they have accepted roads but it's to for instance the um the connector road that leads to the regional park was accepted by the county because it leads to our park and it needs to be there for connectivity. That's very rare and it has to meet all the requirements that council has.

Thank you. Any other questions? I think that answers all of mine. So, um um thank you, Miss Williams. So, um do we need to is the applicant here? Do we need to address the applicant? Yes. Would you le please state your name and address for the record? Good evening, Chaplain Spencer, 226 East Main Street, Rock Hill, South Carolina, and I'm here on behalf of the applicant. You can also scratch me off on the public comment. I wanted to make sure I had an opportunity. So, that's one last person. And you'll do have a lot to to go over, so I'll keep things brief. And um the principal of the applicant, Michael Clawson, uh he was here last month, but he got pushed along and he's on a long planned family vacation and I'm a little bit jealous, but um we also have Earl Coloulston and if this gets approved, he'll likely be the developer. He knows the plan fairly well, so we can address questions. But I think it's fairly simple. Uh the property's already zoned. MDR, this isn't a resoning. To get the cluster development, you have to have a development agreement. the prior one expired. Uh the cluster development, it's beneficial because it it clusters everything in one area. You have less asphalt, you have less concrete, you have more open space. This plan was approved um with the development agreement a couple of years ago because it's a good plan. It's the same plan. And if you look at it, it has u open space far exceeding the requirements. It's got 18.06 06 acres of open space with the ordinance requiring 15.27. It's also less dense than it could be. It's calling for 92 lots, but the um UDA would allow 118 lots. So, it's good development. Planning staff recommends

the conditional approval. Uh we would request that you follow that. We do understand that the TIA needs to get updated and that was one of the conditions. It it's expired. It's um it's a few years old. So, we'll make sure that that's updated and any improvements are made. And I'm here to ask or answer any questions for you. Commissioners, do you have any questions? At what point do you see the TIA TIA being updated?

As soon as we can. Uh, we located the TIA from the prior engineer. So, we have that from a couple of years ago. So, we will request that they update that, which is a quicker process than starting from the beginning. Uh, I hesitate to give the the engineer schedule, but we would hope to have that because we're ready to move forward as quickly as possible. So, we're going to get that in their hands and as soon as they can do that. I just don't know uh the extent that it requires to update a TIA, but they've already done all the background uh searches on it. They know the data. It's in their CAD system, so they should be able to do that a lot quicker than normal. So, we're hoping we'll have it in the next 45 days or so.

Yes, Mer. Thank you, Madam Chair. Um, you heard my question a few moments ago to staff about additional impact fees that we're looking into. Would there be any push back or um anything going against that for you? um as impact fees are passed in the future. If they're passed in the future, certainly that we would comply with the development agreement and that provision that they would apply. Currently, this is outside of the panhandle, which I think is a good thing. I think the county wants development outside the area. The only area that um has had the proven need and requirement for the impact fees is in that area. But certainly if those get passed in the future,

um we're currently tasked with applying impact fees to the rest of the county. So it is imminent that it is coming. So I'm just making sure that I'm hearing from the applicant that they are on board with what those future costs would be. We understand. Thank you. Yes, Miss Simpson.

Um the TIA that will be presented whenever it's updated. Um what we look at right now is what the county can see. The city has also built they have a development that has passed with a thousand plus homes that's going to be within five miles or within I'm not sure if it's 5 miles but it's a very short distance of these houses on top of the other. So I don't know how that works. I'm just asking ask a question I suppose and I just wonder if um

I wish my wife was here because u she's a former traffic engineer but u they have a very uh they have guidelines that they must follow. I know enough about that to comment on it, but all the TAS have to follow these guidelines and requirements and you look at the proximity and there's a formula. So, they're all in accordance with the uh the stated guidelines of what they consider and it is with future approved developments. I do not know how far off they have to be distance-wise, but there's a uh very specific formula that they do follow. And this will also be reviewed by your engineer and then I'll also go to SCD dot for their engineer for comments.

Thank you.

Yeah, I was just basically going to say the same thing. We have a process in house. We have engineers who review them with us, but then we also have a traffic engineer whose sole purpose is doing TIA stuff. Um, and they look at it. They also review the scope. So before they're even able to really do an update or a new TIA, they have to give us a scope of what they're looking at and our consultant verifies that that is accurate. So if if say for instance they give you their scope and it's not included the the new development, then our consultant can say that's you know we know that's there it needs to be included and they will work that out and then the TIA results from all of those documents. So we we try to take all that into consideration

in conjunction with the city. It's not necessarily in conjunction with the city, but we have that data that we can that the TIA will count for. So it's not we don't work with the city per se, but we are able to get that information. So we know it's there to account for it. Any more any more questions or comments for the applicant? Thank you.

Thank you, sir. Um, before we go into public hearing, there's two gentlemen back here with baseball caps on. Would you please take off your baseball caps? Yes, you. Yes. Thank you, sir. Um, we will now consider ourselves into public hearing. Um, we have uh when your name is called, please come to to the podium. Um, adjust the microphone as needed and state your name and address for the record. You will have three minutes to address the planning commission and your time will start after you have stated your name and address. Um, would Michael Dedo please come up?

Michael Daido, 2676 Pine View Drive. Yes.

Um, I'm new to the area and this happens to be in my backyard. So, I was just I'm curious as to what this subdivision thing is. Um, is where can I get more information on it? Um, I'd like to know what the access road where is the access road. Um, down the side of my house is a power line. It looks like that's a that's might be an access road. Um, and I I don't think so, but from what I could pull offline, but it's more of a question than anything else as to what's going on in this area. That's all. Thank you, sir.

Um, no one else has um um signed up for public comment. uh applicant, do you want to address his questions? You don't have to, but if you want to. I spoke to Mr. Coloulston about that. Um I do know that the two access points are off Pine View Road and he said that if you look at the u the plat is actually adjacent to and it doesn't go up underneath the power line and the the site plan was already it's already gone through the review so it's adjacent to the uh to the utility infrastructure. All right. Thank you.

Thank you. So, this uh concludes um um all of the uh citizens that were um assigned to speak. So, we will now consider ourselves out of public hearing. Um commissioners, you have before you um item number DA 2021 0528 Arbor Meadows, also known as DA 20251506. Um, do you have any um do you have a motion to um accept this item? Motion to approve the conditionally with the planning department staff's recommendations. I second that.

Do you have uh any um questions for staff? Okay. So, uh, we have a motion to approve item number DA 2021 0528 Arbor Meadows, also known as DA 20251506, um, with the condition waiting on the final staff report to accept and approve. Did I say that correctly? Nope. No, it's just as Mr. Cavaler said that you're willing to approve this with the staff recommendations which are those that in your redline version that I've offered. So that will be what I will be taking to council.

Okay. Very good. All right. So, um we have a motion to accept this item number with the comments in the red line version. And so, um do we need to do a roll call vote for this one? Okay. Uh can we do a show of hands to uh accept the motion? Those opposed?

All right. So 5 to one passes 5 to one. Next we are moving on to item number RZ 2024 1281 whiteall phase one. Are we are we going to do these two together? Phase two. Phase two. Are we going to do these two together? Yes. And also item number CP 2024 1281 Whiteall phase 2. Um the first one is a um

yeah so yes um that is the first part is for the um god I can't see is for the reasonzoning and the second one is for the uh amendment to the um plan. Yes. And um Miss Commissioner, Miss Lynette Henson is recusing herself from this because she has um direct involvement with it. Good evening, commissioners. So I'll be presenting the reszoning request and the comp plan amendment for Whiteall phase 2. The slides are done together, so we'll kind of handle it all in one go. Uh, and of course the items can be considered separate if you like. So what we have here is just a an aerial map to show you kind of where phase two is intended. Kind of at the corner of Flat Creek Road, which is also 903 and Bailey Road. And that front half where you're seeing those houses is phase one of Whiteall that was developed 20ish 25 years ago. So that's already existing. And the secondary map that came up is showing you the future land use map. Uh so phase one of White Hall is in neighborhood. The rest of that land is is in the dotted orange line there is rural. What the applicant is requesting is growth area. And um there's a little corner over there to the left that's designated for you so that you can see that it it is in the area. Um just to reiterate, they're requiring growth area. Their current zoning is rural neighborhood and they're requesting MDR. So in requested growth area, what that

future land use designation does is it opens up access to general business and regional business uses. Um but it also allows a light and heavy industrial use as well. So the graphic that you're looking at right now is the highlighted the little pink. I'm sure you probably can't read that, but it's listed to the left there on the on the side. The highlighted pink is what's permitted without any type of review or conditional use. Uh, which and here is, you know, alcoholic beverage sales, sore, indoor amusement, brewery, distillery. Permitted with review right there on the left hand side is is kind of everything that's allowed in those zoning districts. Um, and looking at those, those aren't too misaligned with this area because it is kind of like a a transitional area. Um where the aesthetic of the area uh becomes questionable is the light and heavy industrial that growth area would allow. And that's that second graphic. And so looking at the right side column at that point, uh light manufacturing workshops, research and development facilities, wholesaling and distribution, um conditional uses are all classes of landfills. um those things are allowed in that LIHI zoning designation or zoning district. Um and that's where some of that development would conflict with what exists there now, which is all residential use. Well, it was working pretty good until just now. Thank you. Thank you for your support. Um and then this map is showing you the zoning map. So the top half where phase one of whiteall is is currently zoned MDR. The bottom half they're looking developed as zoned rural neighborhood. So in looking at the surrounding area it does the request the reszoning request matches the area the comp plan does not match. So staff is recommending based on

use and district how it's currently zoned. We're recommending approval of the NDR resoning request, but we're recommending approval of the neighborhood future land use designation for the comp plan um just to allow the developer to develop in the way that they would like, but to restrict the industrial use that growth area would allow. And I'm here for any questions if you have any. Commissioners, do you have any questions for staff? So explain that to me one more time from no from the comprehensive plan. So

what what staff is recommending? So they're asking for growth area. Correct. And that's what allows the general business and the light industrial. Yes. So you are recommending in lie of growth area. Growth area. We are recommending neighborhood. The neighborhood will allow the more dense residential development like the MDR district, but it will it will restrict the commercial the potential commercial or industrial development that would conflict with how this area is currently being used. So yes, in lie of growth area, we're recommending approval of neighborhood. And what all is included in neighborhood?

That is a great question, Chairwoman. You c you might have caught me lacking on that one. Hang on. You might have caught me lacking. Let's see. Here's roll. Here we go. So, the neighborhood designation almost. You almost got me almost that last page. All right. So, the neighborhood designation is applied to both existing and in progress residential development. So in rural areas, this category is only applied to major subdivisions, neighborhoods that are not likely to change in the future. And the intent of this category is to preserve the character and direct incompatibility of uses away from formal residential neighborhoods. So you'll see districts like neighborhood business, general business, um do you know any others off top of your head? Yeah, neighborhood business, general business,

and then the residential uses LDR, the other residential uses. But in terms of commercial, it'd be neighborhood business and general business. Guess if we do neighborhood, they could still have those two options. General business and neighborhood business. Yes. Um but those neighborhood business zoning district allows for um it's meant for transitional neighborhoods. So kind of walkable communities, so you know, a corner store, things like that. Yeah, that's what I was was getting at was that if we don't do that, you know, if they wanted to have, like you said, a little neighborhood store or something, would that Yes. So this would this would still This would allow that. Yes. That's the bottom what I was trying to get to.

Yes, it will. It will allow more walkable businesses. Yes. Yes. Okay. It just restricts the industrial. Did all of y'all get that? Yes. I have a question, chairman. Um um so I saw that the study assumed a 1% annual traffic growth rate. Will the growth was it growth was that growth rate validated by the countywide or SCOT? Like how does how does that work? Are you talking about the traffic data that the chart that comes from SCOT? Okay. So could the cumulative effects of Whiteall plus the adjacent developments justify mitigation at Potter Road because it's is

I mean a TIA could could possibly be required but that would be more in the preliminary stage and where we are right now is just the reasoning and the comp plan amendment. So that's not something that we would look at at this stage but likely something that will be addressed at the preliminary which would come back to y'all. Okay. So, if we have neighborhood businesses and the likes where it's walkable, do we have walkability like sidewalks and bike lanes and like what's included in this platform? That's a great question. Um, I'm going to defer to

so in our UDO, this is anticipated to be a another residential development in the UDO with a major subdivision require sidewalks. So, there would be sidewalks in there. Um, I would like to kind of speak out on another thing. The abs the applicant's request is for growth neighborhood. For you to change that to a different designation, you're going to have to speak with the applicant and make sure that they're willing to make that change. Um, with their purposes, it if it fits them, they they can amend that, but you can't arbitrarily do that on your own. So, I just wanted to kind of put that out there. But yes, there are in the UDO requirements for the walkability and everything with future plans. The applicant is here for that question.

Yes, Mr. Madam Chair. Thank you, Madam Second. Okay. Could you restate that please, Miss Williams? that what would be required of us versus the applicant for this resoning to what we

so so the applicant has requested to do a comprehensive plan amendment to change the rule to growth area which is their request. There is a more suitable in staff's determination application that neighborhood would fit their needs and be a more palatable request. However, since the applicant has made the request to use the comp plan amendment to reszone as growth area, you would have to have their permission or their okay to change it. Thank you, Mayor. Yes,

thank you, Madam Chair. Um, I just wanted to take the public opportunity. When I was looking at this project, um it became very obvious that there were no buffers, which I understand the current UDO doesn't require that because they're adjacent to residential. Um, I just wanted to take the public opportunity as we're rewriting the UDO and I know that we've talked about this in the subcommittee, but just to go back and make sure that we might look into having um buffers with different densities within residential um because this is greatly changing those adjacent properties. So, I know there's nothing we can do about it at this time, but just to make the public note that we're addressing that in the new UDO. So, it's something that is helpful with the neighbors. That's all. Thank you.

Any more questions for staff? Thank you, Miss Kirsten. Okay. Um, is the applicant here? Would you like to come up and address us? Please state your name and address for the record.

Andy Bright, engineer on this project. 9610 Lewood Lane, Matthews, North Carolina. So, we agree with staff's recommendation to go to neighborhood. The intent with the developer, the const are developing this as well is to prov prop propose this neighborhood to be completed in phase two. There's no industrial plan for this. We agree that with staff recommendation of neighborhood that this better fits the intent of what the developer is trying to do with this project. Um, couple other tidbits. I know you had mentioned TIA. We have our preliminary study done and there will be a lefthand turn lane proposed on this road. So, we have I believe it's under staff review now. The TIA We have to check with a consultant, but I think they have submitted that for review with the county, but there's an intention of providing a lefthand turn lane into this development. Um, there's also we've been in talks with public works about a sewer main extension. There's about a mile sewer that will also be proposed with this project that will run along some of these properties as well that we have coordination with those property owners as well that would be affected by this and I've coordinated that with public works. So, we're looking to just propose the second half of this phase of the subdivision as previously was approved back in 2000 and move forward with that intention.

Any questions for the applicant? Right. Thank you, sir. We will now consider ourselves into public hearing. Make sure I've got both of them. Um, so there is a I missed the email.

So, Madam Chair, as a reminder, you heard them as one unit, but you need to hold separate public hearings and votes for both. Thank you.

So, yeah. Um so for um RZ 2024 1281 whiteall phase 2 which is the reszoning we have a email comment from Peggy Matt or mate. Um she is basically commenting um saying that the plans have not um changed um since the last time they were submitted. Submitted um it was originally supposed to be one acre, one house per acre. Now it's 2.5 houses per acre. Um, and asking us to be responsible in reviewing this. And we've got looks like a whole chain of emails going back to 2003. So, um, and that is the only, um, person. Would you Oh, yes, ma'am. You are here. Yes. Please come up and state your name for the record and address.

My name is Peggy Matt. I live at 1268 Bailey Road and I'm here on behalf of myself, my husband Sergio, and also the residence along Bailey Road. Our property has about 235 feet that is adjacent to the 60 acres. We were very much opposed when the owner put through the application um a couple of years ago because I had actually researched the previous ownership and the owners that own it today have through various entities and individuals all been associated with White Hall for more than two decades. So they know that this was zoned rural residential when they purchased it. If in fact they develop and build one house per acre as it's zoned, there is nothing that the residents can really do about it. But we are very adamantly opposed to having it um put two and a half houses per acre in that area. We certainly would be opposed to the industrial zoning, but I just ask that um that the planning and zoning commission respect what they told me on the previous uh application which was withdrawn. They told me then that they didn't intend to allow this to become another Indian land. And I just ask them to consider the desires of the existing residents that they provide the services for the

existing residences. We do not have existing service at this time to have tens of thousands of houses built in that area. But uh I very much thank you for listening to me tonight and I ask you to not change the zoning on the 60 acres.

Thank you ma'am. Um that is the um only item that we only only person we had signed up for um public comment. Does the applicant want to respond? I just wanted to clarify our DUA for this project is just going to be 1.65 dwelling units per acre and we are only proposing 98 units for this project. We also are keeping the intent of the original subdivision. The original lots that are currently in phase one are 55 ft in width and we'll be proposing 70 foot in width units. So it'll be more spread out, less dense stacked on top of each other. So we're trying to keep with the intent of keeping unit counts in the intent of this project, but also factoring in neighboring part property owners as well with this.

Madam Chair, I have a question for the applicant. Yes. You stated a moment ago about a sewer extension. Yes. Could you expand on that for me one more time to make sure I'm clear? So we've been working in conjunction with uh the county public works. There's currently no sewer that is accessible to this project and part of the future plan for the public works was to extend a sewer main along the creek that's adjacent to this project. So part of this project will be installing approximately a mile of sewer along the creek to service this project but also potentially any other parcels along the route. Okay. So that comes to my second point of the question then is that that would be an available service to the any adjoining parcels who could find right away to it.

Any that have access? Yes. It would be a public sewer extension. Does phase one have water and sewer? County water and sewer?

I believe so. I don't know off the top of my head. Have any more questions for the applicant? Um, if we don't have any more questions, um, that, uh, concludes the citizens, uh, comment section on this. We will now consider ourselves out of public hearing. Um, in regards to the reszoning. Um, so, commissioners, you have before you item number RZ 2024 1281, Whiteall phase one. Um, phase sorry, sorry, phase two, white hall phase two. Um, do I hear a motion?

Motion to approve with the conditions of the resoning according to the planning department's recommendation. Second. State that again, Commissioner Cavalere, please state that again. Motion to approve with conditions of the planning department's statement uh recommendation for the zoning. Thank you, Madam Chairman. I don't know if you heard the applicant, but they said yes, there is currently I heard the I heard the comment from the the quiet comment, but yes, I did hear it. So, just just to clarify, this is the reasoning. Yes. Instead of the comprehensive plan.

Yes. The comprehensive plan is where we made the recommendation to move it to neighborhood. This is a reszoning from RN to MDR. Okay. Yeah. Yeah. It's two separate things. That's the second one then. My apologies. It's quite all right. So I said we have before us item number make sure I get it right again. Okay. Can I clarify? Yes. Commissioner Cavalier, are you trying to say that you motion to approve the resoning request contingent upon the comp plan approval? Well, I believe we have to do the resoning first. That is the first case.

Correct. But if you Is that what you're intending? Because if if you if you're not saying it that way, what that means is you'll be reszoning MDR and if you don't approve the comp plan amendment, now you'll have MDR in a rural designation which is non-conforming. Yeah. But we have to do by the case direction on the agenda. Absolutely. So you can motion to approve the resoning request contingent upon the approval of the comp plan amendment. Meaning that this is that correct?

No. Okay. Go ahead. So here's the here's the the the deal. They were they should have been reversed in my brain. They should have been reversed and I think procedurally they should have been. So I think your brains are going the same way I do. However, these are recommendations. So if you it's not going to stick if you guys do it backwards knowing what you intend to do the next way because it goes to council and in council it will be the comp comprehensive plan will be read first and your recommendation and then the reasonzoning and then the recommendation.

So since we're doing both of these as one edict here, can we do the comprehensive plan first ourselves anyway? You know what? Absolutely. If you would like to make a motion to table item B until after item C and vote on that, you can hear item C and then uns like bring back the item D off the table and hear that motion to table item B until we hear item C. Second.

We need to vote. Yes. A show of hands to approve tableabling item five, excuse me, 6B. Motion passed unanimously. So now, um, commissioners, we have before us item number CP 2024 1281, Whiteall phase 2. Do I have a motion to accept? Motion to approve with the recommendation from the planning department. Second. Okay, we'll get there. All right, so um do we need to do a roll call vote or show of hands for this?

Do you have your public hearing? Do is there anyone for public hearing? Public hearing. Correct. Thank you. All right. Now that we're doing this now, um we will consider ourselves into public hearing for item number CP 2024 1281, Whiteall phase 2. Um um we only had one person speak up. That was Miss Peggy. Matt, do you care to come up and speak again? Is she still here? You are entitled to three more minutes if you want it. I will basically say I'll state your name and address for the record, please.

Uh my name is Peggy Matt. I live at 1268 Bailey Road. And I will say ditto to what I've already said. But basically I'm trying to conserve the rural community that we have there now. This is why we live there. That's why we bought there. A lot of the residents are generational residents that have been there for generations. And we just don't want it to be another Indian land. We don't need tens of thousands of houses moving into that area and I just hope that the commission will stand by that. Thank you.

Thank you, ma'am. So, that concludes all of the citizens assigned to speak. So, we will now consider ourselves out of public hearing. Commissioners, you have before you case number CP 2024 1281, White Hall Phase 2. Do I hear a motion? You already have your motions. You just need your discussion and then the vote. Okay. Commissioners, do we have any discussion or comments to this?

I do have a discussion. Yes. So, we previously had almost exactly the same issue when we were um oh god, I can't even remember the I think it was on Potter Road, but I'm not even exactly sure, but where we had um a request to change MDR adjacent to rural neighborhood, and we agreed that we would change it, but the council disagreed with us. So, I'm just trying to understand um on a flatline basis where it makes sense. If she's requesting this and they've previously approved that, then is it going to make sense for us to approve it and then the council decides to reverse our decision? So to clarify this one, phase two was never officially approved. There were discussions and it didn't get past any approvals. Phase one did. Phase one is built. Um so that it it didn't exist before. Um if if you guys what we do in our staff reports going up from you to council is we put in all of your comments like if you have concerns, if you have questions, we put those in there to let relay why you made your decision. Um council may have different thoughts, different ideas. And I I don't know how to always get you guys on the same page. um as a as a recommending board. That's that's you're you're an advisory board to council. So they they take your they take your recommendations, they take all the information and they use that to make their decision. Um sometimes they agree with you complicitly, they go and it's

it's done. Sometimes they do have disagreements and I I don't know how to to tell you anything different because I don't know how they think from day to day. I know that's not a perfect answer, but that's that's kind of the the gray waters that we live in every day. The council has a last word.

Any more comments? So, we're ready to vote now. That's the next item. That's the next thing. All right. So, commissioners, we have before us item number CP 2024 1281, White Hall phase 2. We do a roll call vote or can we do hands? Um, show of hands for those to approve this motion. Four. Those opposed. Passes four to one. Motion to bring agenda item 6B to the floor.

I second it. So now we're bringing item numbers. Sure. Um those of u those to approve to bring untable item number 6B and bring it back on the table floor. Thank you. Um 5 to one. All right. Um, now item number RZ 20224 1281 Whiteall phase one. We have to get a mot phase two. Why do I keep saying phase one? Whiteall phase 2. Um, do we need to make a motion on this? All right. So, do I have a motion? Motion to approve per the planning department's comments.

Second. Any any comments or discussions? All right. So, we have before us item number RZ 2024 1281 Whiteall phase 2 amended to change it from make sure I say this right from growth area to neighborhood. Correct. So, um show of hand votes to actually it's they ask for growth area. It's actually the rural to neighborhood is what you're changing. Okay. Sorry. Sorry. You are correct. I wrote that down wrong. This is a resoning. This is a resoning. See, I'm backwards in my brain, too. I am sorry. This is to reszone from RN to MDR.

Yep. This is to reszone RN to MDR. So, let me rephrase this. We have before us item number RZ 2024 1281 whiteall phase 2 to reszone from rural neighborhood to MDR neighborhood. Show of hands to approve four those against one. So passes four to one. All right. Now we are on to item. Madam chair, can we wait for Miss Henson to come back?

Well, I'm sorry. We have to wait for Miss Hson to come back. Yes. My apologies. We'll give you a moment to get settled. Yes. So, next item on the agenda is CP 2025 2062 Kershaw land use addendum.

Good evening again, commissioners.

Good evening. So, what you have in front of you is a Kershaw land addendum, which is a comprehensive plan amendment for us because they would like to add it to our comprehensive plan. Um, in reviewing uh the the Kershaw land addendum, it does include a future land use plan that has updated zoning maps and uh current and future land use maps. It addresses vacant and underutilized parcels and overall it does align um with the county's requirements as well as uh state requirements. Um the only uh amendment that staff proposes is to acknowledge the Carolina Thread Trail. Um as proposed in our Southern Lancaster goal 2.3 which is attached up there for you. In their addendum uh they did not mention the Carolina Thread Trail. So just to be cohesive amongst our plan and theirs, when that time comes, uh we ask that you do approve their addendum, but with an amendment to include language, uh dedicating the right of way for CT.

Thank you. Um commissioners, do you have any questions for staff? Well, Miss Hson, this is your backwoods. It is. This is a good thing. It is. It's very detailed. It was It was nice to read. It's about time. It is. It is. I was very excited to see the I'm glad you caught about the Carolina Thread Trail. That's a really good Yes. long-term project. Yes. So, that's that's our only amendment is just to acknowledge the the right of way for it when it comes to Kershaw. I can't see. So, no questions for staff.

Okay. I'll get out of y'all's way. I guess there's not an applicant for this unless somebody's here from the city of Kershaw.

Yeah, I was I say. All right. Um, so we will now consider ourselves into public hearing. Um, please come when I call your name, please come up to the podium. Uh, adjust the microphone. State your name and address for the record. Milton Hood. Is Mr. Hood here? All right. Then uh if no one is going to speak, we will consider ourselves out of public hearing. So um commissioners, you have before you item number CP 2025 2062 Kershaw land use addendum. Um do I hear a motion? I make a motion to approve with um an amendment for the language to include the Carolina Thread Trail.

I second it.

Um so, uh we have a first and a second from for item number CP 2025 2062 Kershaw land use addendum. Um show of hands in favor. Oh, discuss. Do we have any discussion for staff or All right. So, no discussion. So, uh can I have a show of hands in favor, please? Six to Yes. six to zero. See if I can still count. All right. So, now we have before us item number I'm sorry, just up G. It's Kershaw annexation of 275 West 2nd Street.

Good evening, commissioners. This is another annexation from Kershaw. This is the property at 275 West 2nd Street owned by Danny Lee Terry. He has asked to annex to the adjacent he's adjacent to the town limits. Kershon is asking to annex in. Oh, let me back up. Um the slide, the um map on the left shows the location outlined in red. It's at the corner where West Second Street turns down to North Rawlings Drive. And on the right, the map, the little blue star at the upper left of the map of Kershaw shows the approximate location of the property. Um, this property again is zoned by Danny Lee Terry. The Lancaster County zoning is rural residential and the town of Kershaw base zoning would be R15 to match the adjacent land um, inside the town of Kershaw. And staff recommends approval as the application meets all requirements. I'm here for questions. Have any questions or Miss Brian? No questions. All right, we will now consider ourselves into public hearing because I'm assuming this is a non-applicant thing. Um, no one has signed up to speak, so we will now consider ourselves out of public hearing. So, uh, commissioners, do you have um any questions? Um, so we have before us um, Kershaw annexation for a property at 275 West Second Street. Do I hear a motion?

Motion to approve. A second.

A second. Um, show of hands. Six to zero. Motion passes. All right, that concludes that item agenda. Next item on the agenda is public hearing items for planning commission decision. First item is SD 20241442 shadow moss. Good evening members of the planning commission. Starting off with some background for the proposed heads development. It's located off of Hillell Drive. It's roughly a 52 acre parcel. The intent is to develop a 98 lot single family subdivision. It's currently zoned medium density residential and the current revised version in the plan uh has been approved and met all outstanding TRC comments. Uh here are two location photos of the site. The one on the left is an aerial view showing the current wooded tract outlined in red. And on the right hand side of the screen is the portion of the subject parcel off of Pilldale Drive. Now this slide is showcasing the current proposed plant which has revived which has been able to satisfy all outstanding TRC comments. This plan includes a little over 16 and a half acres of open space, over three and a half acres of park space and the connectivity street connectivity index is 1.71. In terms of infrastructure, the closest SDOT trip count station was quite a ways away from this site over a mile and a half but showing that the average daily trips uh fluctuates between 7,500 and 7700 near the subject parcel. Uh the fire district is the Antioch fire

district in department. Uh the closest uh EMS station is uh station one on Paisland Highway. A uh traffic impact a traffic impact analysis was submitted uh to the county for review in the middle of May. Was approved at the beginning of June. There we go. Uh the schools that would be impacted by this proposed development include Clinton Elementary, uh AR Rucker Middle, and Langster High School. for the comprehensive plan. The future land use in this area is a growth area which is also shown on the image on the right hand side of the screen which is that uh orange is color that's a designates growth area. Uh this plan would be consistent with the comprehensive plan and also meets uh langster county comprehensive plan goal 7.3 which is working with residential developers to guide the creation of usable open space and parks within residential and mixeduse neighborhoods. So, at this time, staff recommends approval of this preliminary plat. I'm available for questions, and the applicant is also here.

Commissioners, do you have any questions for staff? Yes. Does that tie come with an off switch? I'm sorry. Rollers. Hey. Hey, you. Thank you, Mr. Matthew. Be hating on AppState. Um, I do have a cons um a question. Um the TA you said it was uh it was presented in May. Yes.

Uh of this year and now we've looked at another proposal for White Hall phase 2. There's also another 300 and what is it at? 325 homes that's going to be directly behind AR Rucker School. I'm sure that's not included in that. Am I correct?

I would have to check with our engineering staff and our consultant. I do have a concern about that traffic right there, especially going into AR Rucker School District. Um it's extremely dangerous. Um if those are developed, um there will have to be something done there. Uh because if you actually turn back to the left to try to go back to uh the proposed neighborhood, uh you have oncoming traffic this way, it's really it's it's it's difficult. So, that would be something um to look at in my opinion. I'll make a note to send it to Stephen and our engineering staff.

Say that again. I'll make a note to send it to uh Steven Blackwelder, one of our county engineers who works with our traffic consultant.

Was you referring to the the big one going there behind the airport? I'm talking about the one that's actually um AR recorder school. That piece of land that just got annexed into the city 521 um 903 where you go down the bypass right there where the old night stair bar used to be or you go down right there. All that's going to be developed. It's uh 117 acres and 325 homes. That will be in the city. That is city. Okay. But it will be impacting this. Yeah. It will be impacting the traffic and everything else. Just FYI. We have any more questions for staff?

Thank you. Um, is the applicant here? Would you like to speak? So, uh, please come up to the platform, state your name and address for the record. Hey, good evening. Uh, Luke Woodburn, 3927 Kestrel Lane, Indian Land. Um, I mean, I think Matthew pretty much summed it up pretty well. Um, I don't really have anything additional to add unless there's any questions about the specifically about the plan.

Anyone have questions for the applicant? Yes, ma'am. I have a question. Um, so it looks like that you're proposing 98 homes on the 52 acres. Is that correct? Correct. And I'm looking at one entrance and one exit. Is that correct? One full movement entrance and then there's a the secondary is a fire access, an emergency.

That's just alarming to me. I'm not sure exactly why, but I just don't I'm not um that's just a concern that I have. I'm not really sure exactly how how else to phrase that other than looking at um a lot of houses right here and one way to get in, one way to get out.

So, I think we initially looked at two entrances, but they didn't meet the separation. So, we had to do the the fire emergency access. I'm I'm familiar with this road. Um Hills Hillale Road. Um so I'm I'm assuming like where the first sign was at where because I saw some truck looked like there had been some movement probably going through there in the surveying that I'm assuming would be the um primary entrance. Correct.

Okay. Um there's no room to put any kind of lane or anything like that. And I don't I I think it's more concerning for me for the the the neighborhood within the neighborhood, the people within within here. Um you know, if there was a

it's just a lot of houses right here in one place and and only one exit to get out of it. And I do understand that the second one is um accessible by um EMS workers and things such as that. Um, I think my concern is what if you if I were if say if I had a child at home, he was choking. I got 16 people. I'm exaggerating maybe, but I don't know. This is 98 houses. I mean, you know, it's school traffic. Um, and you're trying to get out in case of emergency. Um, and I'm trying to get out. Have y'all thought of anything like that? Would it be like um who would they contact? Would that be like somebody I've stated in gated communities before where you actually you know you had to be able to come in and I understand it's going to be like a lock gate or something? Would it be Have y'all looked at any

Yeah, there's so there's two different options that the fire department would require for them to gain access. Um, and I don't have them off the top of my head, but one's like a radio read, so they would pull up and it would just open. Okay. And then the other one may be a punch code, but we would go with the the radio read. There's one in the back of Sun City that's essentially the same thing. Is it essentially the same thing or is that what you're proposing? Well, I can't say we're going to do the same one as Sun City, but we'll do what the the best option that's approved by the fire department. Yeah. Okay. That was just a concern. Thank you. Yeah.

Just out of curiosity, that's fire and EMS would have the radio signal. Yeah. Yes. You got two creek crossings here, correct? These going to require Army Corps of Engineers involvement. Yeah, we're working on all of our core permits. So, you have initialized that? Yes.

I I just wanted to interject just a tiny little bit of extra about the first responders. Um the emergency access road typically the the current thing is the um like a Wi-Fi kind of like your garage code works like you can hit a button and your garage door opens. is very similar to that. Um, so police, fire, and EMS would have access to that emergency road. Um, but just kind of as a random aside, if the fire people have to get in, that gate's not going to stop them. I said I think mine was more concerned of the people inside, not necessarily the EMS or and others coming in.

So, our UDO only requires one entrance with less than 99 homes. So we can't force them to do more than one with only 98. They they have done the the emergency access as the secondary access point for emergencies. Thank you for clarifying. I thought we were we wanted the second entrance but it wouldn't fit essentially. Thank you for clarifying. Did I see turn lanes?

Yeah, correct. There's a a center turn lane. It's a is a two-way left turn lane, I think is what it's called. So, we'll we'll be we're proposing some widening um along the frontage and installing that turn line. And per our UDO, we'll have sidewalks, bike access. Yeah, we're proposing sidewalks.

Yes, ma'am. I see the note for the um lane widening at the main entrance, but there's also some hatcher hatched areas up at the um secondary fire entrance. Are you doing any road improvements there? Not a note, but it's drawn in like you're going to be doing a little bit of widening there. Yeah, that there'll be a turn lane there for the fire access. Okay. Yep.

Any more questions for the applicant? Thank you. Thank you.

Um, yes, Allison. Miss Harden. For the record, Allison Harden, development services director. Um, I wanted to uh go a little bit further than uh into what Miss uh Williams said about the 99 lots in the UDO. The 99 lot limit in the UDO is something that is in the books, but has been usurped by the fire code. The fire code change in 2021 in the 2021 book is that the no subdivision with more than 50 lots can have less than one or that if you have more than 50 lots, you have to have two entrances. The caveat to that is that if there is a separation issue like there is with this condition, then they have to build a larger entrance point and provide a secondary emergency access that won't act as a regular access because DOT or the um or the the entity that owns the the main road won't allow the the two roads to be built together because they're too close. So, they're trying to offset the accidents that would happen with two very close intersections by providing a larger one at the front so that if there is an accident at the intersection, there's still a way for cars to come in and out of the neighborhood um if one half is or they can move one half over. In addition, in previous TRC meetings, we've discussed that some of these developments are also going to be required to have fire hydrants on either side of the entrance so that if one hydrant is blocked off by an accident, another one is available if it's needed. So these are these are part of the layers that we go through and review where one law might get usurped by another law which might get usurped by another law. In the state of South Carolina the building code um is primary um building code can't even be varied from in development assist development agreements. You can't vary from that and in that building code is included the fire code, the property maintenance code, the gas and what and and whatnot.

So when we talk about now that they have the fire code requirements, the offsetting emergency access only is the alternative when you can't get to complete open ones. Um we've used this in RiverChase in the last year or so to to make that meet that requirement. Um, but we we do have changes coming in the UDO that will reflect the changes that are in the that have already been made in the fire code that our fire marshall interprets and and puts on the ground. I hope that's helpful. Thank you for that clarification. That was very helpful. Thank you. Thank you.

Yes. Thank you. Um, see, uh, uh, we'll now consider ourselves into public hearing. Um, when your name is called, if you will please uh come up and state your name and address for the record. Jerry Witherspoon.

You're like me. You sat too long. I can't get up now. My name is Jerry Witherspoon. I live at 570 Hillale Drive. I don't know how long I've been there, but it's been at least 40 40 41 42 years. And at that time, uh, a lot of people were there. But, um, we object to to the resoning of this property. and um it has failed on two or three other occasions and our reasoning for fighting this uh resoning is the same. It's too many houses for little small piece of property and it's going to affect our neighborhood. It's going to affect um the emergency services that people get. And I applaud you for asking the question you did about the emergency entrance to the proposed site. That concerns me even more now. But the thing is that um we've been fighting this battle about uh five five to six years and each time we've had a a loud voice from our neighborhoods which includes uh Estates, Foster Heights, uh Diamond Circle, anybody else and the folks who live right there on in front of this proposed site. Now the thing is that nobody nobody wants this this development to occur because of the density and we don't think that the sidewalks and everything is going to prevent accidents from happening. A lot of times when these types of developments occur, there's normally ditches

that are not well maintained. the sidewalks are not maintained. And generally what it boils down to is that it becomes a substandard subdivision. Even though you might be meeting all the requirements, it's going to be substandard. And then in that case, we have issues. I see the clock is ticking. I got 56 seconds. But uh I just I just want you to know that we as a group and the majority of people here now oppose this resoning request and I'll just leave the rest of my time to somebody else. Um but the key is that I I work for the county, I work for the city, and I've experienced all these things over the years. And the thing is is that, you know, um it's a democratic way to to look at these developments, but by the same token, we're the homeowners. We've been there and the community has changed and it's getting older all the time and we don't want to deal with all that traffic. I used to didn't walk with a cane, but now I'm walking with a cane, so things are different. Okay. So, I'm I'm just going to end right there. I thank you for your time.

Thank you, Mr. Witherspoon, Steve Mcgra. My name is Steven R. McCrae Jr. I live in York, but my mailing address is 300 South Trion Street, Sweet 1000 Charlotte, North Carolina 28202. And first, let me explain my facial appearance. I had an encounter with a dermatologist surgeon this morning and thankfully she won. I represent the owner of this property, Mr. Richard R. Marter. And I've been practicing law in South Carolina for 50 years, and I dare say that Mr. Marter and I have a combined 80 years of appearing before planning commissions. Um, we know what a thankless job you have. Uh, of course you volunteers and get no compensation, but you catch a lot of flack. So that's why I asked Mr. Carter to appear in his behalf at this public hearing so that I could thank you in his behalf and my behalf for your public service to the citizens of Langster County which also affect the citizens of York County where I was raised in Fort Mill. Mr. Marta has been cheering on the applicant in a a artist's journey of one and a half years of trying to cross all the tees and dot all their eyes in this application process. And tonight we're finally at the end of that journey where all the TRC blocks and squares have been checked including transportation

and the only one that is left to be checked is the one for which you have a role and as to that the planning department has recommended approval of this preliminary uh subdivision plat. And just uh to u uh correct Mr. with a spoon. Of course, this is not a resoning. This is used as a matter of right. Thank you very much for listening to me. We look forward to hearing your decision, which we hope will be favorable uh to the applicant and to Mr. Macar.

Thank you, sir. Miss Sandra Sakorski. Sakorski. Hi, I'm Sandra Sakorski. My address is 1997 Emma Circle here in Lancaster. Emma Circle does go right to Hillale. I am here because I along with most of my neighbors are opposed to this development for many reasons. My main concern is emergency services and I have a personal experience. November 6, 2023, I had a heart attack. We called 911. My husband did. After what seemed like a long time, 10, 15 minutes, it probably was only about 10 minutes. He called back cuz I told him I'm not going to make it. I knew what was going on cuz I had had one 13 years previously. And he called back. They said, "They're on their way. They're on their way." I live very close by that EMA EMS station, Pagland Highway. They had to come from a whole another part of the county to get to me. That's not good. What about the people who do not have that extra 5, 10, 15 minutes? I was very fortunate when they did arrive on the way to the hospital, they were able to stabilize me. As you can see, I'm here to talk. But my biggest cons, that's a very big

concern, but also traffic. We live on a very on a two very small two-lane road and a circle. As soon as then anybody if this passes and they start building homes, it's only going to take them a very short time to learn, oh, Emma Circle is a nice shortcut between 903 and 9. And that is going to be a traffic nightmare for our little road and our little neighborhood and the whole community. There is so much development going on in Lancaster County all over and I would like to see the resources the trees stay the natural home for the wildlife to stay. I chose this that particular area of Lancaster County to buy my home after two years of looking through this county because that neighborhood was provided everything I wanted. Please don't take that away. Please don't build those homes agree to have those homes built. I worked for real estate development company for many years when I lived in Pennsylvania. I know what that can do to a community. I've seen it firsthand and I don't want that happening. I see it all the way in Lancaster County, but not in our area. Time is up.

Thank you, ma'am.

Thank you very much. I have two uh email comments. One from a Tora Torrenia Johnson. Would you like to get up and speak? Yes, please come up. Ma'am, please state your name and address for the record. Teranka Johnson Ney Johnson um 775 Hillale Drive, which my home is right next door to where the emergency exit is and a proposed two houses right in my backyard. Um I've sent you an email. I was here at the last meeting and I stand before you again um where I submitted the letter in July. Um I'm against this development in the in in establishing an established community. As I stated before, it will bring more noise, possibility of more crime and more traffic. Our neighborhoods are elderly who have lived here for many many years and who now why now change our community from what we currently have known is very alarming um to us. question. Why can't some of these developers or your growth consider bringing us hotels, malls, more major food change and places of events to Lancaster County and not just houses? Houses are going up everywhere. And why subject our community to this? The eight houses currently that were last built there, built on the front side, are all rented. These are not homeowners. So are you going to bring more homes to the

neighborhood to be rented with different people coming in and out as those houses do again. And then even the emergency exit. You talking about the people getting out, emergency getting in. What about me? My driveway is right there. What's going to happen right in front of my house? What's going to what the roads going to look like right in front of my house? How can I get out? Will I be able to get out? And I've lived there for 30 years. So I ask you to vote against and you want to talking about a road with a solid yellow line that you going to turn put turning lanes on. Solid yellow line all the way down the road a secondary road and you talking about putting a turning lane in the middle of the road to the right of the road. Would you want your development your housing area disturbed like that? I just ask you to consider that. Again, the residents desire that you don't change our dynamics of our safe, noisefree community by denying this project. Thank you very much.

Thank you. Ma Thank you, ma'am. And we have a one more email comment from uh Terry Henson. Are you here tonight, Miss Henson or Mr. Hson? All right. Um so um their uh email comment was basically um they're opposed to this development because of the traffic and the noise. Uh they're concerned about the current creek over um the current bridge over um Hannah's Creek because it doesn't have a weight limit. Now you're adding all this more traffic. Um some of these other residential roads being used as shortcut roads. um how it's going to impact the entrance to their property with these lane widings and such. And um they're concerned um that the property that they're wanting to develop used to be used as a as a dumping ground and it might be difficult to develop and clean up. So um that's the last of our citizens comments and emails. So that concludes that part. So we'll now consider ourselves out of public hearing. Commissioners, you have before you item number SD 2024 1442, Shadow Moss. Uh, do I hear a motion?

Oh, I'm sorry. Applicant, do you have any response to the comments? I apologize. Yep. Thank you, Jason. I I guess I would just like to say that we're here. I've got a card. I can I can get with folks and and work with them in a I guess more of a private setting than going back and forth up here. I'd be happy to do that. All right. Thank you, sir. So, commissioners, you have before you item number SD 20241442, Shadow Moss. Do I hear a motion?

Motion to approve. A comment before we go into voting.

So, I would have preferred that our developer had had the conversation with the existing U neighborhood before this part. So, they've been before us. I think this might be the fourth time they've been before us, just this one. Um and um which is uncommon to have that many opportunities to twist finagle to um maneuver their um proposal to us. Um so um I just wish that this conversation that offer would have been made to these residents prior to this voting opportunity. Thank you, ma'am.

Motion to approve. Second. All right. Um, so any additional discussion or comments, commissioners?

Williams. Oh, okay. Thought you wanted to say something. Um, so commissioners, uh, we have before us item number SD 2024 1442, Shadow Moss. Um, do we need to do a roll call vote for this or does it matter? Okay. Um, um, those in favor? Four, those opposed? Two. Motion passes four to two. So that now concludes public hearing items for planning commission decision. Um next is um our nonhering items. The first item on the agenda is NRN 2025 1834 quiet rail court.

Commissioners, would you like me to wait a moment till the room clear? Thank you.

Okay. This item is a new road name for a private driveway, a small culde-sac off of Industrial Park Drive. the um property, the culde-sac is four lots um was subdivided a couple of years ago and one of the owners who owns two lots has requested that um we name the private drive quiet rail court. Uh the other owner has signed the of the two other lots has signed a um the petition agreeing to the name. The applicant is Jason Mud for Ottabon Homes. He unfortunately could not be here tonight. He has had to had some parenting duties and he sends his regards. Um staff has reviewed the crested the requested name against county records and has noted that the first choice quiet rail court is sufficiently different from existing names to avoid confusion um to avoid confusion. It's getting late. On the left is the plat creating the four homes and you can see the the culdeac going down the center. It's a shared private driveway. And on the right is the GIS um aerial photograph. And I've highlighted the location of the driveway in green, shared by all four properties. And staff recommends approval as consistent with all the application requirements. And I'm here for questions.

Commissioners, do you have any questions for Miss Brian? If we have no questions, commissioners, you have before you item number n 20251 1834, quiet rail court. Do I have a motion? Make a motion to approve. I second it.

Um, show of hands in favor. Six to zero. Motion approved. Um, so, uh, [Music] Now we are down to um other items on other business on the agenda. So amendment to the rules of procedure. Madame chair. Yes sir. A motion to table this until the return of Miss Lou because I believe part of this amendment is actually her initiation.

I second that. those in favor. So, yes, we agree to table this item until Miss Lou can get back since she had some comments about that. So, just for the record, um we need to have a a date specific for that one. So, if you can table it to the October planning commission meeting? Yes. Um a motion to table it to the October planning. Can we do it at Can we do it at the workshop or do we have to do it at the meeting? Um, technically because we have to notice the next workshop as a voting meeting anyway, we could add that as well. And

I revise my motion to table until the October meeting when Miss Lou is present. So the meeting or the workshop the special called meeting which will be the workshop day or the regular scheduled October meeting.

I'm sorry. I thought you said it had to be the public meeting. My apologies. No, it we as we spoke of in the last workshop, we have to have an action item at the workshop, which is the impact fee um review, which by the way, Dennis said that he will get to you as soon as possible. They're working on that. They've had to draft it from scratch. Um so, our next workshop meeting will actually be called a special meeting to have an action item. So, should you choose, you can add the other action item on there as well, or you can wait to the regular meeting. Okay. I'll revise my motion to table as Miss Williams stated at the next meeting as a special item. Second. Show hands.

Show of hands. Passes six to zero. So, we will table this to our next workshop meeting as Tinkleberg had already seconded it. I'm sorry, but yes. And then our next item is the UDO update. Motion to table that until indefinitely. If you get a second. Hadn't happened yet. We worked so hard. I withdraw the motion.

Okay. Um the UDO update, the the update is that all of the comments from um more than a dozen stakeholder meetings, more than two dozen special meetings with uh your subcommittee meetings and staff meetings um have been uh turned into the consultants and they are currently working on providing a publicly available draft of the entire UDO. Um as we were going through the process, we also were paralleling information to the council um as well as the the UDO subcommittee. Um and so the council has been kept a breast of some of the changes that have been proposed from the different groups as well. Um currently the plan is uh when this is uh returned to us, the the deadline right now is for it to be returned to the county on September 30th. Um, so the the process from there would be that we would get the copies to you and to the council and we would start looking at dates to have public meetings regarding the the document. Um, the public meetings need to be specially held. It um really should it could be on your agenda if there is a regular small agenda, but lately we haven't had small agendas. Um, it would be best to have it at a special meeting date. So, we will come up with some dates um that the rooms are available and that we would be open to it. Um, one of the things we also have planned is to go into the the neighborhoods like we did with the comprehensive plan. So, hold a public meeting in Kershaw, hold a public meeting in Indian Land, and uh hold a public meeting here in Lancaster um in order to give the give the folks an overview of some of the changes that are proposed and give them opportunities to express themselves there. We're also looking to have it held on a website so

that it could be downloaded and others could provide input um as part of the public response. Um once the public uh position once the public section is open um anyone from the public can make comments. We were going to filter through those comments, collect them, provide um provide references to those sections, look at and uh the impact that those comments would make. Look at whether the staff and the consultants would recommend the approval or not approval of these and why on both sides. um look for items that specifically fit into um bringing the comprehensive plan to uh to fruition and um then bring those comments back to you and to the council. Um, this will also have to have an official one large public meeting with the planning commission, but we are looking to have those public some of those um distant public meetings um before your big official public hearing where you look at the document and make your recommendations and make the final recommendation on to council. It depends on how much the pre the public has to say as to how long this process can go. Um I've I budgeted a month for public meetings and then a month for for coming back to the planning commission and then two months for county council because knowing on the way we are also talking to as many people as we can. Um the planning commission excuse me the county council will talk to the consultants. Uh there are cow meeting in October. that meeting has been um extended. Instead of 4 to 6, that's going to start at 1 because there will be a lot of review opportunities there. Um but you both the council and the planning commission will get a copy of the book at the same time. So you all have the document at the same time. Um and then we'll start with the scheduling. So, in your at your October meeting, there'll be an item on your

agenda that gives you an overview of where the meetings are proposed, what the days are, where they'll be located, and what the schedule is going from there. And I wanted to provide myself in case you have any other questions. So, we're looking at over the next four months, we've got at least four meetings to publicly discuss this. More than that, but at least four. At least four. Well, four outside of the council meetings and then the council has to have three readings and anybody can make a comment at any of those readings. Okay. Is that uh in addition to our regular meetings? Yes. Okay.

However, the planning commission doesn't all have to be at each of the regional meetings. they can you can attend the meeting that's closest to you um at that point because staff will be looking for input from the public much like we did with the comprehensive plan. We'll have a moderated discussion with a presentation that says these are the main changes proposed and this is why these are areas that impact your section because one of the components of the new comprehensive excuse me the new UDO is to follow along the comprehensive plans um guidance of having separated areas of the county and having a little bit different um regulations in each of those sections pertaining to a few of the basic things like subdivision and road definition and the like.

Okay. So, just a rubbery question. Is this an attendance by the planning commission members to these remote meetings or is it a participation by these by the members? It is up to you at that point. Staff will be running these meetings. You're welcome to attend and or present. Um, of course, I'd hope that you let me know before you want to present, but I'll be, you know, I'm an improviser. We will we will improvise. if you get up there and want to make a strong presentation. Yeah. If you need help with the slides, holla. I just want to say thank you. This has been a long road to get here. I know you're excited. Thank you.

Excited is a very good word for it. And as my grandmother used to say, sometimes the light coming the light the light at the end of the tunnel is the freight train coming at you head on. Oh, I'm I'm I'm well aware. I think we've but I think we've passed the freight train. I think it really is a light at the end of the tunnel this time.

Yeah. Um if we can get it together, I also plan on having another stakeholder meeting. Um there are some going to be a couple of significant changes in the UDO that we haven't really talked about as a group, but they've come about as part of the um the review of our uh MS4 plan with storm water. Uh, one of the recommendations in the storm water review was that the section that we have in the UDO that gives the legitimacy to the um, ability to uh, issue citations and the like, it's currently in our UDO. They prefer it to be in our general code so that it surpasses the UDO because as we've talked about before about hierarchy of rules, um, the general code for the county sets out all the the goals and the rules and then things that fall under that include the zoning ordinance. um so that if there is a rule that sits above the the the UDO or the zoning ordinance then that rule will be the one that applies and that one is the one that they want pulled out. So we have pulled that section of the UDO out and we're making it into um a code requirement in the general code which won't go through uh it doesn't technically go through the planning commission but by default it will because we're going to cover this is the section that's being pulled out and put into the general code. Um, but we are still keeping things like flood plane management rules and the like in with the other development regulations with the UDO.

Will we get the date for that new stakeholder meeting with the October dates you mentioned? Yes, ma'am. I've got a few more uh ends to tie up to make sure I can get all these dates in in the in the right amount of time. And I'm fully aware I'm coming up on the holidays trying really hard not to put a whole lot of meetings on you in December and after mid November. Um, nobody wants that. So, and it's hard to get the public to come out as well. Good food is We have learned We have learned good food makes good neighbors. We had some really good stakeholder meetings around fried chicken. Volunteer Jason to cook us some Cajun food.

What is there another Jason here? Oh god. been in Texas. That's about the only thing I missed from living in Texas was lots of good Cajun food that only thing must out of Louisiana totality. We have any more comments or questions from Miss Hart. Okay. Now, the most important thing. I make a motion to dismiss. Second. Well, I was going to say you you I said Miss Miss Brian, do you have any updates for our meeting for next month or any important things on the agenda? Fortunately, a couple of items have been removed from the October agenda, so it's a little more manageable. I think we have six or eight items.

Um, it should be a manageable agenda. Okay, great. This one actually turned out better than I thought it would. We're out of here much sooner. I was psychologically prepared for a really late night. So, so we have we have got a we've got a motion to adjurnn. Second and a second. Meeting adjourned. Yes.