Planning Commission - Regular Meeting

I hereby call this meeting of the what is today? November the 18th, Lancaster County Planning Commission to order. Will the clerk please call roll? Jason Cavalier here. Yokim Kuritan here. Lynette Henson here. Judiana Tinkllinberg here. Michelle Richards here. Sheila Henson here. Francis Lou here. [clears throat]

Will the clerk please make 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 administrative building and on the county website, and that the news media was notified of the meeting place and time. Everyone, please welcome to the Lancaster County Planning Commission meeting. Please make sure that you've turned off all of your electronic devices. Um, and please abide by the rules of the room. Um, [clears throat] a signup sheet was provided uh at the entrance 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. Please rise and join us in the pledge of allegiance and an opening prayer by Commissioner Cavalier. I pledge algiance

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. Please remain standing. Grant us the serenity to accept the things we cannot change, the courage to change the things we can, and the wisdom to know the difference. Amen. Thank you, Commissioner Cavalier. [clears throat]

Commissioners, you have before you the agenda for tonight's meeting. Do I hear a motion? Motion to approve. Second. Uh any discussions or comments? Um commissioners, please make a show of hands uh for favor of the motion. Motion passes 7 to zero. So the next item on the agenda is the approval of meeting minutes. Uh, first item is the September 16, 2025 regular minutes amended. Do I hear a motion? Motion to approve. Second.

Any comments or discussions from the commissioners? So, we have before us um a motion to approve the minutes for the September 16th, 2025 regular minutes as amended. Uh, commissioners, can I have a show of hands in favor of the motion? Motion passes seven to zero. Next item is a minutes from the October 21st. October 21st, 2025 regular meeting. Do I hear a motion? Motion to approve.

Second. Any questions? So, we have before us the minutes from the October 21st, 2025 regular meeting. Show of hands to approve the minutes. Minutes approved. 7 to zero. Next item is the November the 6, 2025 workshop minutes. Do I hear a motion? [snorts] Motion to approve. Second. So, commissioners, uh, any comments? So, commissioners, you have before you the minutes for the November 6, 2025 workshop. Show of hands to approve the minutes.

Motion passes 7 to zero. I was not here that I just voted, but I was not here that night. Well, if you recall, we changed our minutes so that you can vote even if you weren't present. Oh, no. I didn't know that. Thank you. Or or she can abstain. Or she can abstain. Yes, ma'am. Madam Chair, could you please clarify the second on that last vote, please? We missed the second. The second was Miss Kuritan.

All right. Next on the agenda is citizens comments. So, um, do these emails go to anything in specific?

They're general. So, they're under the citizens comment section. All right. So, um, commissioners, you have before you two emails, uh, attached to your, um, agenda. Um, one from, uh, Dana Nickerson and the other from says Mara Mato, but that's that's her. So, who is this from? Oh, there we go. Desiree. Oh, I don't do Italian names. a set a seturo somewhere along those lines. Um um um the first one is regarding this actually went to the our commission and to the uh county council members. It um talking about um limitations on resources for waters and such. And then the other one is just asking us um giving their opinion on something that we are voting on tonight. Some of the the reasonzonings. Does anybody have any questions or comments about those two emails? All right. So, um we have had two people sign up to speak tonight on this. Um so uh 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 just a citizens opportunity to address the planning commission with their concerns. We ask you to address the planning commission as a body and not to address any individual commissioner. When your name is called please come up to the dis um adjust the microphone as needed. State your name and address for the record and you will have three minutes to speak. The time will start after you state your name and address. Uh the first person on the list is Janine Clifton

Janine Clifton 2023 Oliver Terrace Indian Land South Carolina and I'm here again to talk about the development at Barberville and Fort Mill Highway. So, imagine my frustration to wake up Monday morning to a LinkedIn post celebrating the final grade in building permits being issued for a development that you rejected a year ago. Yeah, they didn't come back to you. It never was brought back forward like I keep telling you since August. No one's revisited it. It was approved and it's the same plan you rejected. They clearly stated on the LinkedIn profile and now the building that they claimed was going to be a school only a school next to our neighbor is going to be a school in retail that was strictly prohibited by the UDO. The nonconformance and the violations continue to mount as everyone is ignoring my pleas and those of my neighbors. We [snorts] elected you guys to represent us and it's just silence on this matter. Maybe something's happening behind the scenes, but that developer's continuing. They're finishing the plat. They're getting ready to pour slab. And again, they keep blatantly advertising what they're doing. They're exceeding the UDO. It's just uncomprehensible to me that I have a taxpaying resident who has to file a variation because their swimming pool is too big. And this developer is allowed to continue forward with building and no one's approved it. and they just keep going on every day. Here they are skirting the UDO and everybody's turning a blonde eye to enable the support of this developer over the residents has just got to end. We're tired of taking the financial burden and the loss. They're causing the destruction. So even if it's wrong and y'all stop it, they've destroyed everything next to it. In my

neighborhood, my house suffers. I get the clear view of whatever they've demolished and done. I mean, we've been more than patient and respectful. And for four months, I've been coming here and nothing's stopped. They just keep blasting what they're going to do. They keep selling their property. And us as residents, us as taxpayers are getting asked to pay higher taxes for better roads. We got to assess the levies for our properties increasing. Come on, somebody. Please stop. Somebody help represent us. Somebody help our neighborhood. So, I appreciate if you just listen [clears throat] and go back over the videos and the recordings. We need your help. We need it now. I don't need slab poured in less than a month. Thank you.

Thank you, Miss Clifton. Our next speaker is Jooff Larson. Can you hear me? All right. There. All right. Hello, members of uh the planning commission. My name is Jeff Larson. I live at 2010 Oliver Terrace. Um I'm back today also to

Can you hear me now? Is that better? Can't get too much closer. Sorry. Um, uh, I'm back, uh, today to share the ongoing [clears throat] struggle that we're having with the development at 991 Barberville Road. The project, it's not in front of you right now, but it has been and it will be again in future phases. When that day comes, I want you to consider what the Moody Group, the developer, uh, has as a history with this project. You unanimously denied their plan last year and they refused to revise or incorporate feedback in any meaningful way. You told them to take down our contact info, which they did, and then to meet with us, which they did not. Their design was so careless that they labeled my backyard down the block as their property's uh playground uh for their daycare in the application that they submitted. But there's something fishy going on here. their civil plans that were approved and the plat don't have the same number of parcels on them. Why? Because accurately reflecting that means that they'll have to come before you and they're concealing that to avoid your vote and actual scrutiny. They applied for a daycare. Why are they building and advertising a multi-tenant retail space? Isn't that mixed use in a zone that forbids it? Um, I'm not sure. I'd love to learn more about that. But any retail space on any of their parcels would require a completely opaque type-C buffer all the way around. But instead, they're just plopping a daycare 17 feet. Pace it out. 17 ft from our roundabout. Our roundabout in the culde-sac. They ripped out every last old growth tree that the highway corridor overlay mandates that they keep without anyone holding them responsible

and staff has repeatedly moved the goalpost to enable this disgrace to happen. No property owner has by approval to violate the UDO. Period. But the big issue right now is that the UDO categorically forbids connecting their private driveway to Barberville Road, which is a thoroughare. No exclusions, no exceptions. The county even brought in an outside legal opinion when I raised this complaint, and that was seven weeks ago. That's why I'm here today. This week, guess what? Building permit issued. Totally above board. Totally legit. Make sure to dot those tees and cross those eyes. And what did the Moody What was the Moody's uh CEO doing when that was issued? She was hanging out with Sir Richard Branson in the Caribbean. You don't believe me? Go check. But they can't [clears throat] be bothered to read the UDO um and fix a plan that's so bad that they couldn't even bring it back to you last year for another vote. When this project comes before you again, remember how they've misled you. Remember what they've done to cheat and subvert Thank you for your valuable time.

Thank you, Mr. Larson. Um um thank all of tonight's speakers. We now consider ourselves out of citizens comments. We move to the next item on the agenda, which is public hearing items for recommendation to the council. Um April, since these three are tied together, do we want to one is it going to be one presentation or are we going to treat them separately? we can make the presentation for the meritage properties together and then you can take them back and help hold the separate public hearings and the um separate discussions and then MVP even though it is very similar and will have some overlap we would prefer to do that one separately please.

Very nice. All right. So, um, the first two items on the agenda are DA 2024 1663 heritage homes and RZ 2024 1663 heritage homes [clears throat] commissioners, do you have any or which staff is presenting this tonight?

I will be doing the development agreement portion. Matthew will be doing the resoning portion. Would you like to make your motion before I start or do you want me to present?

I'm sorry. [laughter] Commissioners, um, we have before us items DA 2024663 heritage homes and RZ 2024663 heritage homes. Um, do we make our motion now to bring it to the table? I can present first. That's fine. We usually typically do the motions before we discuss. But so tonight we do have the two items that we will be discussing. First, we have the development agreement that has been submitted for this property. You have a copy of the proposed agreement along with staff's recommendation notes in there. Um, that is, as we've mentioned in the workshop and before, the primary reason for this specific development agreement is to perfect the potential donation of acreage for the school. Um, as we mentioned in previous items, they are working in tandem with another developer and are proposing a partial donation of a school. The other one is still pending with the ad hoc committee and council has referred this one to another ad hoc committee as well, and they're waiting for that to be scheduled. The ad hoc committees have recommended that the items be heard by the planning commission and get their recommendations before they see it. Um, this property is located where the star is on the map and as you can see the red area is the moratorum area and this is outside of the moratorum area. They are proposing to reszone this and have the um companion development agreements to for the 355 acres and it is proposed to be a single family development. That [clears throat] is majorly all for the development agreement. As I said, you have the notes. If you have any questions about that, I can answer them

now or after the resoning presentation. Um but that is all included in your packets. You go ahead and do your presentation, Matt. Back to you.

All right, I'm going to start off for a little overview for this reasonzoning. Uh, it's located along Charlotte Highway along a uh between a Lewis McAteerier Road and Activity Road. Uh, just about 355 acres, a little over 14 of which is going to be reserved for school. Uh the intent is to construct a single family residential neighborhood. It's currently zoned rural neighborhood and the proposed zoning is medium density residential. Here are two location photos of the subject parcel along Charlotte Highway and facing a Louisis Mateier Road. Uh looking at the surrounding zoning uh districts, uh those include rural neighborhood uh lowdensity residential, open space, medium density residential, and general business. Uh back on August 25th, uh Merits and MPV did have a neighborhood meeting at the Springdale Rec Center. Uh allowed members of the public to come out, voice their concerns, and ask questions. Uh the applicants had a presentation and presented the project's visions. And the past would have to go through. Uh some of the concerns that members of the public had included traffic, school capacity, uh housing density, lot size, loss of wildlife, and natural environment among others. Hold on, jump one. There we go. Now, looking at the comprehensive plan for this area, the future land use map designates uh this portion of the county as growth area. So, this proposal will be consistent with the future land use plan. And so, since this project uh meets all the uh requirements of the comp plan, staff recommends approval of this resoning. Uh the applicant is here and they have a presentation as well. I'm available questions and the applicant is available for questions. Commissioners, do you have any questions for either April or Matthew?

April, are there um Oh, sorry. Um, Mr. Chairman, yes, ma'am.

I have a question. April, are there um significant um discrepancies or changes between their development agreement and the previous development agreement on the last parcel that we approved? the the discrepancies or the things that we have discussed that we need to amend are in there. This one is very small compared to the other one because the other one is offering some other things and some other changes. They're also requesting a cluster subdivision overlay which this one is not. Um so it's hard to kind of compare them because it is different. Um, is there anything specific that you have in mind that I could maybe clarify?

No, but I I don't know. For whatever reason, I just remember having more time to sit with the previous development agreement and I don't I just haven't sat with this one the way it haven't had that amount of time to go deep on this one. So, which is why I asked you. This one is a quick overview. They are on they're not asking for a cluster overlay. So, it's just a straight resoning in a plan that would be pro um provided. They are they do have a clause in there that they would be um subject to any future impact fees that are being um offered. So, in the future, they they do not have that clause that some of them do that they're exempt. So, they do know that should future impact fees be um assessed in this area that they will be subject to those. Um and most of the other changes that I've noted in there or more administrative changes such as changing the option for a minor modification and deadlines and things like that.

Thank you. Any other questions, commissioners? Thank you, staff. um if the applicant was here and if they would like to come up and make their presentation.

I want to make sure everyone can hear me. I generally have a quiet voice, so it's really nice to have amplification when I have a chance. My name is Sarah Shirley. I'm here with Kimley Horn on behalf of the applicant. I have tonight with me a whole group of people uh to answer any questions that you might have. I've got John Lintner and Tim Sheehy, both with Meritage Homes, uh Bailey Patrick and Mike Biladoo with MPV Properties, and Dan Belaloo, uh the attorney who helped us draft up the developers agreement. Could you please state your name and address for the record again, please? Sarah Shirley, Kimley Horn, 580 Kingsley Park Drive, Sweet 125 in Fort Mill, South Carolina.

Thank you.

Thank you. Um so, thank you actually for giving us the opportunity to combine. We didn't want to duplicate presentations and also didn't want to duplicate staff's report. Um, so right now we'll talk about the Meritage Homes portion of the property just to give you an overview. Meritage will be the developer, builder, builder, seller. They're going to be in from day one through the final house being built. Property location, everybody's pretty familiar with it. just wanted to point out the commercial portion of the property versus the residential portion of the property. Um just to show those differences, the biggest things that we've heard through conversations with um not just the neighbors, but input we've heard from planning commission workshops and attending is just the level of commitment because we're asking for that MDR residential zoning that doesn't have a cluster. We're not asking for anything above and beyond what the zoning ordinance would require. So because of that, the developers agreement, as was stated, is not required, but we wanted to show that there's a level of commitment that we would like to make as part of this project. Um, Meritage not only wants to meet and will meet the zoning ordinance requirements, but that developers agreement, the school property pretty quickly became a hot potato in terms of how how do we trust that what Meritage is saying is what they're going to deliver on. So the developers agreement was purely put into place to dedicate that school property to show that we've got a consensus between not just us but the duly track to the north and MPV properties to the west. Um so the developers agreement again is voluntary. We wanted to make that commitment to show that to that same point. One of two of the other things that we've heard throughout the conversations were um the age restricted property that was not a favorable item. Meritage would not flip this to a 55

plus community and that is a commitment that they're willing to make. The traffic impact analysis we have had many conversations. Corey has been on the traffic for the email traffic, pun intended for that. Um we are working through essentially what has come out as part of the duly tracked um what has come out as part of other traffic impact analyses making sure we've got a comprehensive look um at that full package to make sure that we've got all the improvements that are going to be made committing to be made so that we can make um the best commitments that we can for the property subject to CD dot and the county approval. So, just wanted you to know that that's ongoing. Wanted to show you this is also in the packet. This is the letter that we sent out to the school district in order to show that commitment. That was a request of us after meeting with them to say we'd like a formalized commitment so that you so that you can show us and the school board and the school district can see that you're committed to providing this property. A little bit about the site plan and what goes into that. Um, of course we've got our proposed commercial site site shown in red. We've got the adjacent dually track shown to the north. Residential property is in the main view. That proposed school site. Wanted to show you how it divided up between at least the two properties. And I can point it out. There's a little sliver for the MPV property on that western side. But what you see outlined in that blue line is the acreage that Meritage would be dedicating as part of the overall developers agreement and the site plan. So everything in purple that's shown is the 25 acres that the school district requested for an elementary school. And just wanted you to show how it divided up between those properties. And I apologize, you probably already got some of this from the LAR presentation. So just stop me if

if you've heard this one before. So a little bit more about the maritage property itself. Big picture, what do we put put first into a concept plan? We take a look at perimeter buffers. We take a look at the environmental features on the site. We preserve those when they are present. We take a look at how we navigate and manage storm water on the site. Where can we incorporate open spaces for the benefit of our residents? and how do our accesses work? So, originally when we put this plan together last year, um it did not actually have a collector road through the middle of it. That was one of the initial comments we got back from Sketch Plan. Um and so we quickly revised the plan to incorporate that collector road. No driveways would access it. So, it's an actual it's a benefit to the county in order to have that completely unloaded road where you don't have to worry about conflicts, people backing out of their driveways. And then from each side of there, um, we've got our residential community. Um, so we've got our pocket parks that you can see in these little green pockets throughout. Um, that green area where the school is shown, we just left that blank so that you could see we're we're leaving that we're leaving the space available for the school. One of the things that we are committing to as part of school improvements is the sidewalk along the collector road will be wider than the rest of the sidewalks through the rest of the community to try to make sure that we've got enough room and space. Um kids walking the school feel a little bit safer um instead of just a regular 5-ft sidewalk. Um we've got over seven and a half miles of trails that we're proposing throughout the site and um we voluntarily wanted to submit the site plan so that you could see what the intent of our site is. Uh we are working out utility extensions as part of Roslin. I know that utilities are being

brought up. So we're tying in with those. We're working with Lancaster County Water and Sewer District to get those worked out. And we have a utility plan that's also been submitted. I will breeze through these real quick. This is more just imagery of what Meritage, the quality that Meritage has as part of their neighborhoods. So, this would be a typical amenity package, cabana, pool, and more pools, open spaces, landscaped areas, playgrounds for the kids. um really try to put a a comprehensive and cohesive amenity package together. A couple example of our elevations, we'd be looking at a couple different varieties, ranch master down style for those options for people who want them. And then also our twotory regular regular single family homes for kids. Everything's a little slow tonight. Okay. So, I wanted to give John Lintner a chance to come up and speak a little bit about Meritage itself and then we'll turn it back over for questions.

Good evening. My name is John Lintner. I'm with Meritage Homes. Um my address is 13925 Ballentine Corporate Place in Charlotte. Uh 13925 Valentine Corporate Place in Charlotte. Can you all hear me?

Yes. Um, so yeah, I wanted to uh wanted to give a brief intro of Sarah did a great job of of introducing the project. I wanted to introduce Meritage Homes. Um, you know, Meritage Home Meritage Homes has been around for for many years. We've been building houses for for 40 years. Uh, we're out of Arizona. We've actually built over 200 home 200,000 homes across the country. Uh, we're primarily in in Sunb Belt states. We're in 12 states and 25 markets. So, we have a uh we have a big presence um in in the country and uh we've built a lot of homes with a lot of happy customers. Um you know you know moving from the country uh into the region. Uh Meritage has got over 20 communities in in Charlotte. Uh we've got 20 communities. We've got many more coming. We're we're actually looking very forward to to you know being here in Lancaster if if y'all permit this. Um so you know that being said Sarah if you could move I got the next slide here. Here we go. So here's here's our current map. This is our footprint. You know as I mentioned we've got 20 communities uh throughout the region. You know, one thing I I do want to point out, um, you know, especially today is we primarily serve a young buyer trying to to buy their first house and start a family. It's super important and, you know, in today's environment and as you know, again, we're across the country and and a lot of the buyers that we serve are are, you know, just getting married and and about to start a family. So, that's we think that's really special and that's really important for the commission to know. So, um, one of the things, you know, um, Sarah did a great job of introducing our site plan and and I wanted to mention that one of the things that really differentiates Marriage is the way that

we, you know, certainly, you know, plan a community, but the way that we execute a community, we we pre-plan the entire community um, before we get started. And, you know, what does that mean? We look at every elevation. Uh we pre-plan the elevations, we pre-plan the color schemes. That certainly helps with with streetscape. Uh it helps with monotony. You know, it's very important to us to to build a community from, you know, the first day it it looks amazing. But we also we as that community ages, we want to make sure that in many many years, the day it looked um when we open the community, it continues to look that way, you know, as as that community ages. Um, so you know, we pre-plan all the elevations. We we line build the neighborhood. So we'll start, you know, as as Sarah had the site plan. We'll start construction at 521 and really move our way through the project. You've got the spine road. So as we as we finish one phase, we'll allow, you know, our our buyers to move in to be able to live their lives as we develop through the entire project. So I thought that was very important to mention. Um, and then you know the um really the word word of that is just it's just really efficient. So it's really efficient and and well thought out. So with that being said, we'll uh we'll open this up for any questions.

And I did want to mention too, we can also answer questions about the developers agreement as well. I know I didn't touch on that, but um staff comments were manageable and we can incorporate the changes that were requested. Madam Chair, do you have any questions? Yes, Mr. Cavalier, how much of your agreement and the development is contingent upon the successful uh um application for the LAR uh development next door? Can you elaborate on that question just to make sure I understand?

Well, part of the the land swap, we'll call it, out there for the school property is that they were adding in approximately 15, I don't remember the exact number right off my head, and that it would require upwards of 25 acres to make the school uh um administration capable of actually building a school. And in some efforts there, we had discussion with them regarding what they were willing to do. Part of that being that the land donation was discussed to be increased in the event that this particular case did not come to fruition.

Understood. So if the LAR were not to succeed, what would Meritage be prepared to do to make sure the school site still stays viable? That's correct. Um, yes, we have had discussions about that before and we have talked through. So, Bailey Patrick is actually the property owner as well. We've had discussions with him. Should the LAR project not move forward, we'd be prepared to provide those 25 acres on our site.

M. Um, Mr. Litner, thank y'all for being here. First of all, Mr. Litner, you mentioned that um these are for um for families buying their first home. Can you give me an idea of what the price point is going to be and how much of your research is dependent upon what the current actual um average income in the Lancaster area, not the Indian area, but the Lancaster area actually is.

Yeah, great question. Great question. So, um we're going to have uh we're going to have ranch plans and we're going to have twotory plans. Um, we see actually a lot of young families prefer ranches because the the primary bedrooms on the first floor and with young kids, they want to be close to those babies. Um, and our square footages will be somewhere between 1,500 and 3,500 square ft. And we see our sales prices being uh in the 300,000s. Uh and we we you know we believe after looking at the demographics and the incomes of the corridor that uh these um the demographics will support these sales prices. Yes.

Um I think I have a two-part question. Um for the donated school land um I saw that you already have discussed and met with the school district and they were receptive and would receive the land. That is our understanding. Yes. And they they just wanted us to formalize that process so that they had something that they could basically say it wasn't just our word or a handshake. Okay. So, they were interested in having it. And then my second part to that question is would you be giving the land to the school pad ready and ready for building or would it just be the acreage because I know a large you know part of that expense is having it pad ready development.

Yes. Um, so we hadn't spoken to the specifics of it, but realistically what would happen would be we'd work out the details of what that site looks like. One of the concerns I know that we heard was um on previous sites um it ended up being useless because Geotech came back and it was not a good site at the end of the day. So those would be details that we would work out with the school district to make sure that we're not giving them, you know, 25 acres hole that was not useless or that was not useful for the school district. [clears throat] Thank you. Yes, ma'am. Miss Lou,

I have a question for staff. If someone could please clarify uh the difference between rural neighborhood, MDR and LDR. It's primarily the density. There are some allowances and different kind of things that can go on either one of those, but primarily it's the density. The RN is u an acre per one house per acre, I'm sorry. And then the LDR is one and a half and the MDR is two per acre. And I did that from memory. So my guys are nodding at me. So we're good. So if it was left the way it was without a reszone only 355 houses could be put there

about that. Yes. Whereas if it was successfully changed to MDR it would be over 700 houses. How many houses are planned for this track? It is 520. Let me get the exact number. 520. 578 578. Yes, ma'am. That comes out to a density of about 1.62 units to the acre. So, a little over one and a half.

So, it's 223 more houses if the reszoning goes through. Um, I just have concerns. It's a growth area, but just because it is a growth area doesn't mean it has to be a growth area. Growth is allowed and encouraged, but I keep coming back to the same thing, the infrastructure, the EMS, and the schools. And even though the land would be donated for a school, there's a lot of people who would move into the neighborhood who wouldn't be going to that school.

Commissioner Commissioner Lou. Yes. This is actually a topic for when we get into general discussion. So hold that comment and question for a few minutes. Okay. All right. So basically, I guess my my only questions for you are um how many houses there would be, which you've said 578. So, okay. Any other questions for the applicants? Um, now we will consider um Thank you so much for your your presentation. Um, could we I'm so sorry. May I ask uh could I have Bailey Patrick come up and make a comment real quick about the developers agreement? Yes. Okay. Thank you very much.

Thank you. Uh, good evening. Um, I'm Bailey Patrick and I live at 1198 Queens Road in Charlotte. Um, I'm wearing several hats tonight. So, to to explain uh MPV Properties, I'm Bailey Patrick. I'm one of the founding partners and um I am also one of the property owners uh that own the heritage site, the 355 acres and the commercial proposed site going towards 521. Uh so it's about a 414 acre site and 20 years ago uh I put together an investor group and we purchased the property and we've been waiting for the right opportunity and we're we're excited and we appreciate your consideration tonight. Uh I worked with Meritage to bring them uh to the site and their involvement. Uh I brought Mike Biladoo who is a partner to the site uh largely because he's so experienced in Lancaster County and has done a wonderful job with the Redstone development. I also am close with the Douly family, the adjacent owner, and have done a lot of work with Lenar over the years. And I just want to uh say that earlier today uh I was at the offices of the school. Uh they have a meeting going on this afternoon and Lenar is at that meeting. Um and I was until I had to come over here to discuss this proposed school site. And clearly the desire is to donate the 25 acre site essentially half by our ownership group and half by the Duly Lenar group. Uh because of concerns that you raised that were well thought out. What if one gets approved and the other doesn't? Then

we're left with a half half of a site that doesn't work, which makes sense. So the dual the Doulies and Lenar offered that if they're approved and Meritage is not, they would enlarge the site. And likewise, if they're not approved and we're approved, Meritage is, we would enlarge the site on on our site. But all parties hope that both are approved. Uh, the other thing that is new tonight that I learned talking with Lenar this afternoon is they have met with the fire and EMS. And as you may recall, in addition to half of a school site, the LAR petition proposed a recycling center and a a fire and EMS site back on Craig Farm Road. and Lenar has learned from the fire department that uh and EMS they really do not want that location tucked back in the back. They prefer that to be out on 521. So, uh I am willing to commit tonight and we can address this uh I guess in the development agreement as part of the meritage petition that we will find a 2 acre approximate site for the fire and EMS center to be out towards 521. Um, and my understanding is it's Darren Player and Clayton Kato who Lenar and I will need to meet with to make sure they feel good about the site and it works. But but that is a new commitment since it did not work on the LAR site that we will make that as well as part of this meritage reszoning. So hope [clears throat] that is clear. Thank you.

Thank you sir. Just to reiterate, happy to answer any more questions as they come up after the public hearing as well. Yes, ma'am. Just to clarify on that 2acre site, that is just land. That is nothing. Okay. Yes, Mr. Cavalier.

Um, under the idea that this was to be approved, uh, I'm just looking forward on the way we discuss things up here. under a motion to approve to include your comments, sir, around the expansion of lots appropriate for the school site or EMS services, fire services that we enter that as uh uh your commitment. Yes, your

Yeah. In um in the event that they don't there's not a school already on the property, where do they get zoned to? like what area, what schools did they get did they go to? I will clarify this. Um, previously we took information from the Lancaster County school website to use the boundary map. Um, after some of the other meetings when we put that out there, we went back to them and they said that their information was not up to date. This is actually Lancaster schools. Yeah. Which ones can do which ones?

AR Rucker Lancaster High School and and North and the school is working with the county GIS systems to update their maps as well. Any more questions?

Thank you so much. Um, commissioners, um, uh, we now consider oursel in public hearing. Um, we're going to start with, um, item number DA 20241663, Meritage Homes. Um, we have two people that have signed up to speak. Um, as I said before, when I call your name, please came up to the dis, state your name and address. Then you'll have three minutes to speak, which will start after you do that. First person to speak is Miss Libby Sweet Lambert. My name is Libby Sweat Lambert, 3480 Activity Road. Um, with that address, you know, we are incredibly concerned about what is happening to our part of the world. We are rural. We have farm animals. We love having quiet. I love living on a dirt road. I brag about living on a dirt road. We are completely against the reszoning of this property. I have gone out and done a tremendous amount of door knocking and I have yet to find someone in our area who is supportive. People are concerned. They've already had folks who were surveying, wandering through their property. They um for me, we're having people come into our dirt road into our driveway, turn around on our grass out front and leave even though we clearly have no trespassing signs. So, we are concerned about all of this that is happening to us right now. Is it a freak accident? It could be. However, since all of this has started is when we've started having the

problems. We are, let me say it again, completely opposed. I think whenever folks voted no for the recent 1% sales tax, many were like me who were saying no, we're not giving you the extra penny to do more work on the roads. We want four fewer houses coming into the area adding more people to the roads. Um the moratorum I just find it incredibly odd that the moratorum stops just right up the road from these two potential developments. It is amazing that it would stop just literally right up the road. We have concerns about that too. Why were these two projects not included? I am not against thoughtful building. I am not against houses that have property with them. What I am against is throwing 578 houses between Activity Road and Charlotte Highway. And that's just meritage. Lenar is next door. I'm gonna ask you what your legacy is going to be. I've asked council that. What is your legacy to this county going to be? Thank you.

Thank you, ma'am.

Um, the next person to speak is Miss Lauren Kirby. Hello, my name is Lauren Kirby at 2229 Kershaw Camden Highway. I come here as the land management specialist for Katapa Valley Land Trust. We have property adjacent to this parcel that is being discussed. Um, we have that property because it is along Cane Creek. Cane Creek is a federally protected watershed due to the federally endangered Carolina heel spplitter and I come to put on the record people's concern for the integrity of the ecosystem there for those heel spplitters. I saw on the map that was presented that there will not be a housing area on the actual wetlands. However, the housing does come right up to the border of those wetlands and we are concerned about how erosion from construction can can be detrimental to the health of these heel splitters. The state of South Carolina has put a lot of effort into protecting these heel splitters in various watersheds throughout the state. And so I come as a concerned property owner and environmentalist for these creatures. I also have a few copies of the US Wildlife Fish and Wildlife Service map that details where these uh watersheds are if you would like a copy.

Thank you for your time. I'd like a copy of that if we can get those please. Thank you. Yeah. Would you like to come up and distribute those? Give them to Miss Mora. If you can give those to the clerk, please. She'll distribute them. I will go to

Thank you, ma'am. We will now consider ourselves out of public hearing for um item number DA 2024 1663 heritage homes. This is the development um agreement. So, um um does the applicant have any response to the comments? Did want to make a note about the heel spplitter? That's also in the county UDO as well. And we also have environmental scientists, licensed environmental scientists on our group. Um that is something that we have to do as part of the civil plans for it. Right now, we're preserving area as buffers around those streams because that has been identified as a potential habitat. So, we are it's a great thing to bring up. We are aware of that and we are providing the required buffers to meet all of those requirements to protect those heel splitters should there be suitable habitat for them on the site.

Thank you, ma'am. Thank you very much. Right. So, commissioners, we have before us item number DA 2024663 Meritage Homes. Do I hear a motion? Motion to approve with condition of the comments by Mr. Patrick. Is that correct? Uh, regarding the the land extension and the um the other one. [cough and clears throat] Yes, that one I have a second. I'll second it. I would like to include the information about the buffers. Oh, the information about the um for the hill spplitter.

Okay. So, um, we have before us, commissioners, we have before us a motion and a second for DA 20241663, Meritage Homes, the development agreement, which includes um um additional agreements to um include the full 25 acres of land if the LAR development is got through and then also the two acres for fire, EMS, and they will make sure that they have um the proper buffers and stuff for the Carolina Hill spitters. Mad Madam Chairwoman, if if for the record, Commissioner Cavalere, are you willing to add Commissioner Kurton's part about the hill splitter into your an original motion as opposed to us making an amendment?

Do I need to make amendment or should I just restate? You just restate the motion to add all that. That'd be great. I'd be glad to. I'll restate the motion to approve to include the total acreage required by the school system for the development of a school, the acreage for an EMS uh emergency services, fire, etc., and the buffering for the Carolina Hill spplitter uh um uh protection. Thank you. Thank you.

All right. So once again, commissioners, we have before us item number DA 2024663, Meritage Homes, the development agreement, um included with the amendments that were just stated by Commissioner Cavalier. Um may I please have a roll call vote? We do, Miss Keratin. Well, is there any more discussion then before we go to a vote? So we're going to Yes. vote on the development agreement. Yes. and then the resoning. Correct. So, the current item is the DA that's in front of you and then we'll do a second motion to do the resoning next. Okay.

So, any questions regarding the development agreement? I'd actually like to make a comment because I we I don't know. I just remember having more time with the development agreement on the last on the when we did the LAR. So my um my move my motion would be to to table this until the next meeting so that I could have more time with that. Okay. Is it so actually be a motion to postpone to your next meeting? Yes. Okay. That would need a second and then a vote.

We already had a motion. you you have a motion in the second, but during discussion, she can make an amendment, and she's making that amendment to postpone at this point.

I'll second. So, we've got a a motion and a second to table this to our next meeting. Do we have any c discussion or comments? Yeah, I'll discuss out on it, please. Um, our last discussion around this with LAR on the neighboring property, I think that one went a little longer because there was a lot more caveats added in such as uh impact fees that were being added in uh voluntarily by Lenar. Um, we had a lot of concern how that was going to actually come to fruition. Um, I think we also took experience from that discussion on what was really taking place and was capable of happening with these properties. Um, [snorts] I don't know that uh tableabling it till the next meeting is going to change anything. Uh, I believe that they've presented all the information that we're going to get out of them about this, but I understand that the discussion did seem much more long-winded. um for that matter. Uh in the development agreement, it does state that this particular property, while not part of the current impact fees, is uh subject to any future fees that are applied if I read it correctly. Uh I don't know anything to discuss around that. But um there was no discussion to that point of future fees with the previous um I find that a lot of this development agreement seems to have taken experience from that other one as well to where we would be getting the most bang for our buck so to say. Uh I find that the uh

extension of any necessary uh uh acreage to fulfill the school requirements is equal on both sides. And it definitely seems like the two parties are trying to work together to get something done. And considering they're both willing to come to the table with additional items, namely the acreage here, there was acorage and money on the other side. I think they're really um they're doing some of the things that we asked for along the way. While we couldn't require it, we did ask that the developer start showing up with something more than the bare minimum. And that seems apparent here as well as last uh last uh meeting. Yes, Miss Lou.

We've just added rather half-hazardly just casual comments from the floor about EMS and the heel spplitter. And I'm just wondering if it should be more formalized rather than just taking comments from the floor and adding them in before we vote on a true development agreement. It's my understanding y'all y'all have already got the buffers and everything for the hills splitters included in the plan. So that that one is not something added. They've already got that included in there.

Agreement or in the [cough] [clears throat] Yes ma'am. Come up and speak please or clarify for us. they are already included as part of the site plan because it's required as part of the zoning regardless um it's part of the UD this is you're correct this actually zoning question okay yes ma'am so it is included

and just to add on the the late breaking news about the fire [cough and snorts] that is brand new information that I learned this afternoon that that the fire department did not want it back on activity road so our I then offered to put it on our front. So that will be this is I guess recorded and public record and uh you have our commitment and it will be reflected which we still have to go to the ad hoc. So madam chair. Yes ma'am.

Yeah. So to clarify, the recommendations that you send will go in a document or in notes to the ad hoc committee. They will be the ones that are responsible for the final version of the development agreement. But if you make the motion to approve those recommendations, they will be carried over. Um it will be the responsibility of staff and the county attorney's office to make sure that those are included and in the final form. So what you are actually approving are the recommendations to go up to the ad hoc committee and subsequently to council not the formal document.

April um what is the I'm sorry madam chairman April what u miss Williams what is the rhythm of the ad hoc committees meetings like how how what's their rhythm of meeting now

they they they're they're not in step at all. This is relatively a new procedure the way they're doing it this way. So currently we've only had the one that we've been walk through. So it is they schedule those. We um they've scheduled it, they've presented, they've wanted some other information, they've met with the developer, they've asked for additional information. So at this moment we're waiting for another one to be scheduled. So, so they're doing they the only thing that they've been set in stone is that they want to hear your recommendations before they make their first meeting. Um, so I I I can't give you a specific staccato at this point because they're they're they're alerting the steps.

Okay. Madam Chairman, I can withdraw my um I can withdraw my um my motion to meet to to for to table this until the next meeting. Right. Thank you. For that. Okay. So, yes, ma'am. M I have a question for the attorney. If one believes they might be voting against reszoning, is it awkward, odd, wrong to vote for a development agreement that are see no problem with the development agreement, but is not in favor of reszoning the area.

So, they're two they're two separate things. The development agreement is obviously going to talk about how we're going to develop the area if the reasoning is passed. So, they're two separate things. So you could vote that you are in favor of what the development agreement says and what it plans, but you may not like to reszone it at all. So you could actually vote one way one time and one way another. You actually can do that. That's your prerogative. Thank you.

So any more questions? So, we have a motion and a second for DA 20241663 Meritage Homes, the development agreement to be amended to include uh the proper acreage for a school if the other development doesn't go through acorage for the EMS and make sure that includes the proper boundaries for the hill spplitters. Is that correct? So, now we can do a roll call vote. Yes. Roll call vote, please.

Jason Cavalier, four. Yukima Kuritan, four. Lynette Henson, four. Juliana Tinkllinberg, four. Michelle Richards, four. Sheila Henson, four. Francis Lou, four. Motion passes unanimously. All right. Now we have um before us item number RZ 2024663 Merit Jones the reszoning portion of this package. So um do I have a motion? Motion to approve. Second. So any discussion or comments?

Yes. I said Miss Lou she's going to finish hers from last time. This is very difficult, but we've been hearing for a long time from our constituents across the county and loudly with an election recently that is not necessarily connected to this, but we still heard a lot from our constituents. They are begging for controlled growth. And I just wonder what what it was like 25, 30 years ago when things started out in Indian land for reszoning here and reszoning there and growing here and growing there. And I find it chilling to look at the map that was put up in the area in red where the moratorum is and how close this is to that. And I think of a snowball coming down a hill and the moratorum is a fence. So they can't go any further. So they go around the fence to the path of lease resistance. This is a growth area and there can be growth. If we don't do anything about the reasonzoning and we don't approve it, 355 homes can still be built here. That's not saying no to growth. If we approve the resoning, it's another 223 homes for a total of 578 just on this plat. Talk about setting aside land 2 acres for EMS is great. Don't look a gift horse in the mouth. However, we all made budget recommendations to council and we know that we're struggling to even have money to keep the ones we have going and we're behind the eightball in ones that have to be built in other areas, Indian land and so forth. So, this land is

great and I don't mean to be disrespectful to the developers, but giving land for EMS doesn't get us an EMS station. We've had usually we have someone come and talk about the strain on EMS services that they're so short-handed in the panhandle that they have to call from other areas. So this area would be left not talking about the EMS station, the proposed one, but just the EMS in this area. Are there enough resources for another 7 578 homes? And again, the schools. If we don't vote for a reasonzoning, two children per household is 700 and some. It adds another 450 kids if we vote for resoning. We are in a place where we can actually do something and still approve growth, but we don't have to offer the maximum growth. We have to listen to the people that are begging to do something before the Indian land chaos moves south.

Thank you, ma'am. Hold on one moment. We have not done public hearing for the reasonzoning item. So, we now consider ourselves into uh the public hearing portion. Um when I call your name, please come up to the DIA, state your name and address, and you'll have three minutes to speak. Liby uh Libby Sweat Lambert, I hope I got your name right this time. I have been told repeatedly I am wasting restate your name and address.

Sorry. Libby Sweat Lambert, 3480 Activity Road. I have been told repeatedly I am wasting my time coming here. I have been told repeatedly I am wasting my time coming to county council meetings. I feel that way. I really do. But I am so hard-headed that I don't think I can quit. Please listen to the people. Please listen to what we are saying. We have done everything we can and we are simply asking to be heard. I just said a few moments ago, I am not against growth, but let it be planned. Let it be organized and let it be done in such a way that is not overpowering the county. I've lived here a total of 40 years plus. I grew up here. I went out and did my career and then I came back. I love Lancaster County. I have volunteered here. I have worked hard in this county. I've done a lot for this county. And it sickens me to see the way it is being destroyed. You have the opportunity to do something that will benefit everybody. Thank you.

Thank you, ma'am. U next up is Bill Dyke. My name is Bill Dyke Dick actually, but I live at 3324 Activity Road. And if you would put that plot back up, you would see my house. It's actually there on that picture you had there. And my driveway will be just about in line with this street coming off the back end of this development. Thomas Soul said, "There are no solutions. There are only trade-offs. We're trading off one thing or another. We're trading off trees and forests so people can have a place to live." And we say that's a good thing. You got to live somewhere. I have children that are now looking to buy houses. It's a trade-off. And there are people in the current community who are trading off their tranquil life. [snorts] 25 years ago, I bought this property on purpose because it was rural and it was inexpensive. And so I have two observations. One is personal. When this development happens and my

dirt road becomes a paved road, what's going to happen to my taxes? Suck it up, Bill. you're the trade-off. Or maybe not. Maybe there's something that can be done. Maybe we can say we will put a moratorum on any tax implication that this development might have around the surrounding communities. You know, then I might be more in favor. I might be It won't matter whether I'm in favor or not. You're gonna make a vote and I'll just have to live with it. Right. But you're representing me and Libby. The other perspective is yeah maybe maybe not such concentration of people in the community will make a happier community. You are all making a big decision in the lives of the people is in your hands right now. I want you to do the right thing. Maybe you don't live in that community. You know, you're going to live down the street. You're going to live in Charlotte or some other place. My children, my grandchildren walk to Libbyy's and fish in her pond. Thank you.

Thank you, sir. Lauren Kirby.

Lauren Kirby, 2229 Kershaw Camden Highway. I wanted to continue reiterating the importance of protecting these heel spplitters. The Kataba Valley Land Trust is a local nonprofit that promotes the protection of our cultural, historical, and natural resources in the Kataba River Valley. Cane Creek is a very important tributary of the Kataba River. And the wetlands on Cane Creek are only as healthy as the uplands along Cane Creek, meaning where this proposal is. And I continue to be concerned about how the construction will add erosion into the creek. The heel spplitter life cycle, while I won't go into too much detail, um they are a clam that burrows down into the rocks, but their life cycle requires a host fish. Fish go up and down the creeks and tributaries. So it is not necessary for heel splitters to exist in that particular part of the creek. It is that they exist in the creek somewhere and so we need to protect all of the creek in order to protect that species because those fish go up and down the creeks. Smart development is crucial to the longlasting viability of Lancaster County. Kataba Valley Land Trust is not against development. We are just pros smart development and we encourage you to really consider the longlasting environmental and cultural effects of this development. Thank you so much.

Thank you ma'am. That is the end of um public hearing. Yes, ma'am. For the record, commissioners, we did have the motion and the second to approve and you were in discussion. So you'd be back in discussion at this point. That's what I was just going to say. So very good. So yes. So, uh, Miss Lou, do you have anything else to say or are you

I I just wanted to reiterate in one or two sentences that voting no to reszone this is not a vote against growth. It's a vote for controlled growth by leaving it in the rural neighborhood in a growth area. Um applicant, do you have any comments to the people who just spoke for during public hearing?

Yes. Thank you. And um I certainly respect our neighbors and and their concerns. Um, I would point out on the heel spplitter, uh, the founder of uh, your organization, Lindseay Pettis, was a a friend of mine and we worked together closely up in the Jim Wilson Road area where the heels spplitter, I believe, was first discovered on uh, that property, SixMile Creek. uh we were in intimately familiar with it and protect protecting it with 200 foot buffers and I just would like to reiterate what was said by Sarah and Meritage. Uh we will protect uh the environment around Cane Creek as it relates to that heel spplitter muscle. Um I would just like to say we've owned this property for 20ome years. uh we are very conscious of wanting to do it and develop it right in a quality manner. Uh I think when you look at that moratorum um and and what's not in that area, it it's interesting that really part of what's driving this is Rosland and huge investments in sewer that naturally will be extended across 521 uh along the creek to serve this area. So it is part of good planning and it has uh been in the process for a a very long time. Uh so we also feel like when you look at the access from that area back around Craig Farm, it's very difficult to get out to 521. And we think that these roads that will be built both by Meritage and Lenar all the way out to 521 will really enhance connectivity for the area. And then

finally, uh if the petition for the commercial is approved, the commercial is where the real tax base comes in and you need these rooftops to support it, but that will keep traffic from going north to Indian land to shop. they'll be able to shop on our development and it will give great tax revenue to fund a lot of these improvements that that need to be made. Thank you.

I did want to add to that specifically. Um, one of the tenants, the main tenants of smart growth is how comprehensive of a plan are you putting together? Not one that just meets the UDO or meets zoning requirements, but that is well thought out. And the benefit of having the heritage development is that not only do you get residential to support the commercial, you also get a school site. We also potentially get an EMS site should it move to our potential site. We have 70 foot lots. That's something that's unheard of in the market today. Those are bigger lots than normal.

I'm sorry to interrupt. [clears throat] I know that the applicant and I'm sorry has an opportunity to rebut the public comments, but this is now a rebuttal of our discussion. Is that allowed? I believe that this the chairperson invited them back up, but she can certainly close. She did invite them up to rebut the comments. She did invite them up. Yes, ma'am. The four public comments were her words. Yes, ma'am. But now it's becoming a rebuttal of our discussion on the I just wanted to see if that is yes ma'am that that'll be done that'll be her purview as to as to how she wants to handle this at this point

and I can clarify what I'm actually addressing. Okay. I heard from two members of the public that they are worried about the type of growth that's coming in that they are not opposed to growth um but to explain what smart growth can look like. And I think that based on the conversations that we've heard from planning commission and the experience that we've had with Lancaster County, I know that there's a group of people that are not making the same mistakes as were made 20 years ago. There are reasons that things are being put into place like the ask for an impact fee, the ask for developers agreements. There are things that we're voluntarily committing to as part of this particular development that are above and beyond what a normal quote unquote development would be according to the UDO. So, I did just want to emphasize that there isn't a thoughtlessness that goes behind this plan in particular. We have taken a great amount of effort to not just meet the county's asks or requirements, but to provide a site that we are proud of and that can house those children looking for homes in a market that is very hard to get into. So, every house counts in terms of being able to make the housing as accessible as possible to the most amount of people as possible. And to do that, you need quantity. And 355 homes on a acre property, 355 acres property drives [clears throat] the cost of those houses up. So, as much as we can, this is our way of being able to make a project that is not only sustainable, but allows the most amount of people to get into the market. So, thank you for letting me clarify. I was addressing public comments and just wanted to make sure planning commission heard our side. Okay. Thank you, ma'am.

So, now we have a motion. It has been seconded. Um, so is there any comments or discussion about this? Yes, Commissioner Lou. I appreciate this development. I'm sure it would be a quality development, but all the tradeoffs in the world do not equal another 223 houses, another 450 children put into the school system. And growth is growth. And I'm just I totally believe it'd be a quality development, but it's just too many people on the roads and in the schools when we are being begged to do what we can. So, we're not stopping growth. We are allowing the growth that is called for in our comprehensive plan.

Thank you, ma'am. Any other comments or questions? Yeah, I [clears throat] think one of the um things that I wanted to highlight is that um you know what last year this time we decided that we were going to have uh intermittent updates on our comprehensive plan so that we could as we continue to you know as applications continue to come in that we could assess where we are and look at where we are in the map in the grand scheme of things. So we haven't done that. Um and then in our um in our workshop last week um one of the recommendations was that we looked at housing tax accommodations to to study housing um feasibility and have housing studies and we haven't done that. So, um, again, I'm not against not against growth, but I am for smart growth. And I think that looking at all of the options that have been presented, including the development that the developer is bringing forward, including slowing down a little bit to figure out, you know, are we going to do the full number on uh housing on a acreage or not? I think all including looking at feasibility studies. I think all of that needs to come into play and so we we just need to figure out what our rhythm is to make sure that we're doing all of these things. Thank you. Any other Yes, Mr. Cavalier.

Um I've been sitting over here kind of crunching some numbers just for the thought of it. Uh in the event that we don't pass a reasonzoning here, the use by uh use by right will result in a theoretical maximum of 532 houses. [clears throat and cough] Um the difference between that and their requested reszoning is about 46 houses and at the $300,000 price they quoted that they're assuming will be their market uh comes out to almost $14 million plus the EMS lots would be another 2.2. Uh however that land that would make up the EMS and the school would be a million dollars that the county didn't have to put out. Uh, and then there's the non-existent impact fee in that area that's under half a million. Um, I don't really have a swaying point that I'm trying to make as much as that. The difference between us reszoning them and not reszoning them is 46 houses basically because if they can squeeze 578 on there, you can bet they can get 532. So, are we doing any benefit?

I'm sorry. I I'm I don't know where your 46 is coming from. If they they quoted 578, right? Was that the right number? Right. Was what was their plan? Uh and if and that's under a past resoning here. Mhm. That would give them the uh 2.5. Is that correct for the MDR? It is 2.5. I misspoke earlier and said two because you threw me off, but it is 2.5. Close enough. Right now, the the rural residential would be 1.5 though, correct? One. One. Okay. So, I did I was off on my numbers. I apologize. So, again, 355. Thank you for pulling that out.

So, my numbers a little skewed here. Yes. My point being that if they can fit 578 on there, fitting 355 is not going to be an issue. The area around it, will it suffer from the difference in that number of houses? Possibly. Will the county still be able to produce a better tax basis from there? Yes, the commercial does pay more, but our residential, and again, we don't have an impact fee, and I'll forego the pleasure of my numbers because obviously I was wrong, that the uh they're going to be able to build 355 houses one way or another. It's whether they can build 532. 578.

578. Sorry, my apologies. I get my numbers all over the place here. Any other questions or comments? And I do have a question. Is the commercial dependent upon how many h how many people are actually in the homes or is the commercial happening? Is there a a progressive scale in terms of the people who actually move in the homes? I don't think they have anything to do with each other.

They do. Okay. So, but yes, ma'am. Um so in in theory all three of these items are separate. So the the MVP which is the commercial is completely separate and can stand alone but they have made comments and Mr. Bailey can attest to this that there have to be certain market conditions. So there has to be enough people living in the area for them to warrant the commercial. Yes. Yes.

Any other questions or comments? All right. So before us we have item number RZ 202463 Meritage Homes reszoning. Um we ready for a roll call vote.

Jason Cavalier against Yokima Kuritan against. Lynette Henson against. Juda Tinkllinberg against. Michelle Richards against. Sheila Henson against. Francis Lou against.

Motion fails. Motion fails. Seven to zero. These are zero to seven. All right. Next item on our agenda is RZ 2025 1292 MPV activity road. Greetings commissioners. In this particular case here, we have a [clears throat] proposed reszoning of MPV activity road located at 521 and Lewis McAteer Road. Uh, this parcel sits just outside the moratorum area. The applicant is proposing to co-join 4 and 1/2 acres along with 44 acres that's currently zoned rural neighborhood [clears throat] to business, general business And this is to allow for the the neighborhood or the subdivision that was previously mentioned to service that community. Uh in this slide we show site photos which includes your aerial view of the subject property, a view of Lewis McAteerier Road and southbound on Highway 521 in Maketeer Road. The parcels are currently zoned rule

neighborhood and the proposed zoning is general business to comply with the general business parcel that's located south of this subject property. Um the future land use is growth area. It complies with the use types in the 2040 comprehensive plan. And to that of fact, we the staff recommend the approval of the 48 acres from rural neighborhood to general business. Any questions? And we also have the applicants here to answer any further questions in detail. Commissioners, do you have any questions for staff? Um, applicant, if you would like to get up and make your presentation. Thank you, Corey.

Welcome.

Good evening again. My name is Sarah Shirley with Kimley Horn, 580 Kingsley Park Drive, Sweet 125, Fort Mill, South Carolina. I'm here tonight with Mike Bilo with MPV Properties. So I won't go over this slide again. We all know the context of the site. I made it go away from Thank you. Okay. Wanted to give a little bit of context about the commercial property. You can see where it sits in context with both the residential communities and the school site. Thank you. Closeup of that. This is just a generalized site plan to give you an idea. Because of the resoning request that you have before you, the site plan still needs to get worked out in terms of details. Right now, this is just a picture of what it is that we're planning for the site should the residential communities come through for the rest of the properties. Um the overall site is 63 acres, but only 48 of those acres need to be reszoned. the property that's actually to the south is already currently zoned GB. So, this would keep it in compliance and cohesive with the rest of the project. Our uses include retail, medical, commercial, and neighborhood services. Um, we understand that all of those are needs here in the middle part of the county. And then it is detented on the residential growth in the subm market. The idea would be to bring services here so that people would not need to go up to Indian land in order to shop. Wanted to give Mike Bilo a chance to get up and talk about MPV property. So, I'm going to turn it over to him.

My name is Mike Biladoo. I live at 18006 Meadow Bottom Road in Charlotte. Um, we've been in Indand and Lancaster County going back all the way to 2000. When we first started up there, it's kind of in the early days and um our focus initially was on business park development. We started what is now the kind of the Red Ventures business park. It was called the 521 corporate center project. Eventually we did the Bales Ridge project. Sits around 160. But like a lot of areas that um experienced tremendous growth. We knew it was going to be a matter of time before the Indian Land area was going to be in a position to support a quality commercial retail project. uh we do that uh considerably as a company and looked for the right opportunity and after uh probably about 16 17 years up there we the time was right and that's where we started the Redstone project which if some of you have been up there you know what that is that's a 45acre retail project sits right at the confluence of highway 521 and 160 as we see the next evolution of Lancaster County growth uh we know obviously it's going to move south and we look at the comprehensive land use plan because you want we want to stay in compliance with that but it was really the Rosland project that really got us focused on this corridor. And so when we got with Bailey and talked about why we thought um oh to hear more about both the LAR project and the heritage project, we saw an opportunity to add an element of commercial to that as well. Uh as has been said and I just want to correct one thing. It was mentioned that this project was dependent and serve the uh re residential project behind it. It would serve much more than just the residential project behind it over time if it was to be fully built out. uh it wouldn't just be that one project, but commercial projects like unlike residential, I wish I could wave a magic wand and and make the demand exist for commercial retail like it exists today. It's just not how the world works. It's rooftops that generate it. And so as that area de develops with rooftops, uh there will be an opportunity for us to to develop a commercial project. But what's important is identifying where that commercial project's going to be.

Uh so that you can start to work on it because they take a long time to come together. you can look at what's going on. But India Land, not our projects, but Crossroads, you know, with the new target, that project's been on the plans for a while. Uh, and then the Costco project. So, there's a lot going on there right now. I don't see that level of growth happening right away down in the southern part of the county, but there'll come a time when there will be a need for services, which will go a long way to uh satisfying the retail needs of the residents down there. And that helps with growth because right now what's going to have to happen is all residents from down there are going to have to head to Indiland to to uh to go to restaurants and to you know have medical services uh to have a project closer to them uh will take cars off the roads and be more convenient. And so that's what we do. Just to give you an idea of the projects we've done. You can see we've done six projects in Indian land going back to 2000 totaling about 600 acres and over a billion dollars of new construction. Um the projects initially were right clustered at the state line, the 521 corporate center, the Walmart project, and then we did the Bales Ridge project which is right there in Highway 160. Um and then Edgewater was a project that another group had done, Loft Development. They filed bankruptcy uh nationwide. That project sat kind of idle for about six or seven years and really kind of had fallen, you know, kind of behind. We took it over uh took over the association really made improvements to the to the project, reszoned some of the parcels and really got that project back to life. Um we've done the Ansley project which is across the street from Bridge Mill and then of course the newest and latest project is the Redstone retail project. To give you an idea of the level of execution that we've done and I think this is important because we've made a 25-y year commitment to Lancaster County. Uh we we haven't come down here um to make one project work and then kind of leave. We've we've made a long-term commitment and I think that's reflective in the quality of the work we've done. That's pictures of some of the office buildings. Red Ventures, Movement Mortgage, that building is a Wellman. I developed that building in 2003 as a corporate headquarter building. It's a Honeywell building, Copiccom. Uh and this is the Redstone retail project, which we're extremely proud of um because we think it's a signature

element for that area and we put a lot of uh time uh focus and resources into making it a super nice project. So, that is our intention for down here. Uh like I said, we're we're bullish on Lancaster County long term. Uh we like this part of the county uh for a commercial project and uh would like your support for it and happy to answer any questions you may have. Do you have any questions?

I don't have any questions, but this might shock the applicant. Um I live near the Redstone. It's a very nice development. U it's easy to get in and for parking. And I would just ask that you go to Waverly and look at the mess of their parking lot and it's an accident waiting to happen. So what I've seen from your uh other developments, it's very well planned and thought Thank you. I was actually at Waverly this weekend and every time I drive through there, I'm stunned that it was laid out the way it is. It's was overthought. It's terrible. It's terrible. Any other questions or comments? Do you have something else to say?

Oh, you're okay. Well, we'll now consider ourselves into Thank you. Thank you. We'll now consider ourselves into public hearing for this. Um, as as when I state your name, please come up. Um, when I call your name, please come up. State your name and address for the record. Um, Libby Sweat Lambert. My name is Libby Sweat Lambert, 3480 3480 Activity Road. Um, I don't know if you folks are aware how close this property is to the North Carolina line. When you leave my driveway and you go to the end of our dirt road, you are in North Carolina. One of the things that I have heard repeatedly from law enforcement in this county is that one of the highest areas for problems in the county is the Walmart in Indianland. They have so many problems there because people come in still rush out and hit the North Carolina line. And so South Carolina's kind of have hands tied right there. So as we're looking at bringing this in to our area, we're looking at bringing crime in our community, too. In the 25 years I've lived on my property, I've never had anything stolen. We've never had anything done to our house. We live in a safe area. So, I truly am concerned about bringing this retail in and having access out to Activity Road and Craig Farm and hitting the North Carolina line. Um, at the

public meeting, I was told that I needed um latte shops and nail salons close by. Um, you can tell I don't need a nail salon and I don't drink coffee or lattes. So, what the information that is brought in is saying, "Oh, you have to have this. You have to need you have to have this close by." I am used to driving. If I want something, I am used to getting in my car and going to get it or have Amazon drive to my house. I don't have to have this close by. We are rural and it seems very odd that a shopping center is going to be dropped in my rural community. Just very odd. I appreciate what you guys have done tonight. Thank you for listening to the people of Lancaster County.

Thank you, ma'am. Lauren Kirby.

Hello.

Lauren Kirby, 2229 Kershaw Camden Highway. With the increase in businesses, there will be increase in imperous surfaces. surfaces where the water will not be able to directly penetrate the soil, meaning it will not be able to properly filter through the wetlands and safely into the creek. increase in these in this storm water runoff will be detrimental to Cane Creek because it will increase water flow which will be harder on the stream banks increasing erosion and creating a less habitable environment for the host fish and the Carolina heel spplitter. Roslin already puts enough strain on Cane Creek and our founder Lindseay Pettis while he had many friends in his long career wanted to be remembered as a conservationist. Hence his determination to found Kataba Valley Land Trust so that it could advocate for the natural resources in Kat in Lancaster County and the surrounding areas. That is all. Thank you.

Thank you, ma'am. We will now consider ourselves out of public comment. Uh, commissioners, we have before us RZ 20225 1292 MPV Activity Road. Do I hear a motion? I'll make a motion to approve. Second. Um, so any discussions or comments? Yes, Miss Lou. I have a question. Um, because of what? I'm sorry. I've heard your name three times. Not not you, but you can get you. It's coming to you. But I'm sorry. Your name? No, I'm talking to the young woman who just Your name. Lauren.

Lauren Kirby. I'm sorry. Um, with her concerns, is there anything that you can do to help alleviate some of the impervious water and so forth to address that issue? kind of defer to my civil engineer, but I do I I before she uh answers that, you know, we we've been dealing with the heel spplitter issue uh at every one of our projects. And in dealing with that, we pay particular focus on the buffers and the requirements to stay off those buffers and to adhere to the heel spplitter ordinance policies. And so that's goes goes back to uh we probably purchased more heel splitter credits than anybody in in the corridor. And so we've been again adhering to the heels credits program for as long as it's been in place. In fact, it was initially came up on the Walmart project and the discovery uh and the investigation of that by Walmart, which is a site that we own. So Walmart had that. So if you go back and look at the history of all the heelsplitter credits, you'll see on every one of our MPV projects how involved we've been in supporting the heel spplitter project. In fact, they ran out of credits not too long ago and I was the one who brought to the attention of the county administrator and every council member uh about a challenge they had because they were unaware that they had a heel splitter problem. The heels splitter bank that was put together by re bank which is a private company. They had allotted all of their remaining credits and so there was development was going to come to a screeching halt and the council that was in place when it was passed had all kind of moved on. So the current administration, current council was kind of unaware of how it all worked. And I know April and Allison have been working trying to figure that whole pro program out going forward. So I raised immediately the concern we had is like I I think you need to be aware of this. This is going to be a problem. You want to get in front of this as best you can. However we can help, we'll try to help. But in terms of the technical aspect of it, talk to you.

Have you worked with Miss Kirby's group in the past? I do Lindsay well. Uh he we Oh, no. Miss Kirby's group. Well, have you worked with them? Yeah, it was Liz. He was the founder of the Kataba Conservancy. Uh, right. So, but I'm I'm not asking that. I'm asking, have you worked with that group? Not not as your friend, but have you worked with her group that she's representing? I don't want to miss misspeak. I'd have to, you know, been here 25 years. There's might have been some donations we made on on some projects, but I'm not sure of that. Are you asking in terms of like a review capacity? He does the Kataba

I don't know if I'm allowed to ask if if you would be willing to include their group in with your planning for review purposes forformational purposes for input uh for input um we can assure them that we are following all of the ordinances that are put in place

but not to sit down with them and include them. I think the the requirements are in response to the meetings that the county county council and staff have had over the years with groups like that. And so we as an applicant or a you know come in with a site plan or not not a reasoning request but a site plan what we are asked or what we're required to adhere to is based on all those meetings which have taken place. It's not I mean so basically it's it's a no that you don't that you wouldn't want to sit down with their group but you are meeting the requirements.

Yes. And and happy to talk to them and and explain projects to them and and and sit down if that's what they want to do. But I think um it's important to recognize that what we do is adhere to the county policies as it pertains to these issues. Absolutely. I was just putting it out there to allay any fears or um concerns they might have beyond that. I will add that everything that gets submitted to the county is public record. Um so it is easily accessible to the groups. Okay. That's not what I'm asking, but thank you very much. But we are more than happy to have a conversation with them. Absolutely.

Okay. It we're going all over back and forth now. That'd be great that if you could sit down and um allay any fears or both sides might learn something getting together. Thank you. Do we have any other questions? Yes, Mr. Cavalier.

Well, I hearing some conflicting things here over my experience and madam chair you feel free to correct me but um I'm always a proponent of protecting wetlands and water sources anywhere. One of the things and contrary to Miss Lauren, I'm sorry I can't get your name out, that uh whatever water flows off of a site before you start building is what has to flow off the site when you're done. There can be no increase in Q with your CIA. Anybody who's a civil engineers knows what I'm talking about. Um, however, there has been development where specifically like the Walmart, we get these bio retention ponds with specific flora that are designed to pick up these chemicals or turbidity, minimize the impacts out. I still question whether they actually work or not. So, time will tell. I guess that Walmart's been there for 15 years now, something like that. I would be curious to see if those numbers work and how that applies into what would be the eventual site plan here. Um there is ways to mitigate these damages, but she is correct when she says that there will be an impact and we have to protect our water. We have to protect our species. So keep that in consideration.

Yes, ma'am. I I can add that storm water retention and the design that goes into that. There is also a maintenance program that goes along and that is kept up in perpetuity. So it addresses things like making sure uh the BMPs function as as needed. I'm sorry, best management best management practices [clears throat] ponds, buyer retention ponds, etc. Um all of those are required to be kept up over the years. So it doesn't just stop at construction. Any other comments or questions? Yes, Miss Lou, Miss Henson, sorry.

You're so used to looking this way and calling on me. I get it. This is not uh necessarily on the the vote, but I I just don't feel comfortable sitting up here and not saying um what I felt when I heard that the commercial um part of this will not go forth if um we don't agree to vote the 578 houses versus the 355 houses. Um I don't agree with that. I don't think that's true at all. Um, I don't think that, um, we have a another new group that is not in the county, it's in the city right down the road. Um, so I just think that some of the people that have that have contacted me are like, where's the growth going to stop? And I just feel like, um, you're kind of pushing us saying, well, if you don't do this, we're not going to build that because we're not going to have enough rooftops to to support that. And I don't find that to be true. Um, it's a large development, like I said, right down the road. Um, not really making a point out of any of that. I'm just stating, um, how I feel about it.

I don't think I said the project would not go forward if that project were downscaled from what it was proposed to what you're doing. Uh what I am recognizing though is is a truism as it pertains to retail commercial development. It's entirely dependent on rooftops and the tenants who look to locate to a place like this. The lenders who lend money for projects of this magnitude will draw concentric circles, you know, from the proposed site to see how many rooftops, average households, average size, types of homes, how many kids, etc. families, uh, income levels. And those are key criteria when they're looking at locations. And if they find that the is lacking, then it's going to take more time. That's just the reality. It's not that it can't happen, it's that it's going to take longer. But rooftops and density drive commercial development. I could have the commercial zoning tomorrow and if I put a shovel in the ground, I would be unsuccessful with that project. It's because there's not going to be anyone signing up to be there now because there's not enough rooftops. And question was asked earlier, does is there a linear relationship? you know, it's not an exact science, but they're they're, you know, retail tenants look at one location versus another location, you know, and say, is this location offering greater opportunity to be more successful if they have to choose between one or two? And so, all those factors play in as well as the, you know, this the location of the site, how the quality of the developer, the development itself, is it a is it going to be an upscale project? Can we trust a developer to follow through on the commitments they're making? Do they have a proven track record? All those things play into it. So it's not a simple answer. If this gets red rejected or reduced, that's not going to happen. But I don't want to downplay the importance of density to ultimate success in commercial development.

Thank you. So commissioners, we have before us item number RZ 2025, 1292 MPV activity road. Can we have a roll call vote, please? Thank you. Jason Cavalier four. Yokima Kuritan four. Lynette Henson four. Judiana Tinklinberg four. Michelle Richards four. Sheila Henson four. Francis Lou four.

Vote passes four excuse me seven to zero. Thank you. Um, we're now moving to the next section of our agenda, which is non-hering items for the planning commission. Item number n 2023 2016 Trinity School Lane.

Would you like me to wait a moment? Yes. Can you give me one second to go grab another water? We're going to take a take a two-minute recess. Yes. All right. [laughter] Whoa.

Whoa. Yes, we are taking a two-minute recess. Two or three minute recess. [clears throat]

Thank you. Thank you. Yes, Miss Jennifer.

All right. This is very This is very short, very straightforward. there. Um, this project as you can see by the photograph on the left, the aerial photograph. There is, um, Trinity Monttoauri School has been built. They have a driveway, a lane leading to the school coming off Langanger's Way. Um, they also own the parcel to the right of that where they will be future development. They have not yet pulled building permits for the additional property, but because the school is the centerpiece of their development, they want to name the road Trinity School Road, Trinity School Lane. Sandra has reviewed the um application and confirm there are no conflicts for this name. So, staff recommends approval for the road named Trinity School Lane. And this will be a privately maintained driveway.

Commissioners, do you have any questions for surprise. Okay.

Um I'm just struggling with I don't have any big problems with it except a Montasauri school is a business and it just seems like we're naming a road after a business and Trinity, the name Trinity doesn't bother me, but Trinity School Lane, um it just seems like we're naming it after a business. the applicant has fulfilled the requirements of the application process. It is at your discretion. Um we have many locations in the county where there are privately maintained access where it's named after the centerpiece of that development. So I I don't see anything unusual about it, but this is [clears throat]

the applicant here. No, they are not. Um so commissioners, no more questions then. Right. Um if I could clarify, this application was made to the 911 through through civil plan rather than through a direct application. This was the submission of civil plan. So Okay. Yeah. All right. Um, uh, no one signed up for public hearing, so we don't Oh, this is not public hearing. Oh, I'm in the wrong spot here. Just to clarify, Miss Jennifer, this is this is going to be a publicly a privately um maintained road, right?

Yes, this is privately maintained as it's basically the driveway going into the school. Now, the the the developer owns the parcel to the right there in in front of the school to the north there. So they will have other commercial development there. So up and to the right you see the trees the wooded area that is also owned by the same developer and they will be developing that. This will also provide access to that parcel but because the school was the focus of their development they wanted to name it after the school. All right. So, commissioners, you have before you um NRN 2023 2016 Trinity School Lane. Do I have a motion?

Make a motion to I'll make a motion to approve. Second. Um can we do a show of hand votes to approve those four? Seven. Those opposed. Zero. So, passes. Oh, I'm sorry. One against. So, six to one passes. Thank you. I missed your hand over there. And just to clarify, my no vote was just going forward if there's other businesses that request names. I just wanted to be consistent. All right. So, uh, item number eight, review of next month's agenda.

I will take that one. So, for next month, we have one reasonzoning item on the agenda. Um, and because it was a short agenda and we needed to have some training, Mr. John Delo will be here to provide training at that meeting. So, there will be training that will be um counted towards your continuing education that night at the meeting. Yes,

thank you. I was wanting to request um I want us to get an update on the comprehensive I know that at some point that was on our agenda. Um we were supposed to get a presentation on that and it got

okay I will check with that. I believe Allison had done something in March or April a brief update but I will verify that and and if not even if she did I will bring it back. Um and as well as um just to clarify another item while we have that the the housing committee that Miss Kurton spoke about earlier is on the committee of the whole for no up December to present and have them start appointing that committee. So we have been working on that too. A housing Okay, I'm sorry. Can you can you cl Can you repeat that one more time? A housing committee has been appointed.

They've not been appointed. We have the presentation that we are working on and we've requested it to be to present it to county council at the December committee of the whole meeting. Housing as in workforce and and affordable. Yes. We have a schedule for every April to update the comprehensive plan. Uh the p the plan was approved in April 2024. We did an update in April 2025. We'll have an update in April 2026. The state policy is to update every five years and to rewrite every 10, but we decided at that time that this was passed that we needed an update every year. And so working with Miss Williams, that'll be on the agenda.

All right. Um stat of status of items tabled, recommitted, deferred, or held.

Yes, ma'am. Thank you. So, in an effort to have your agendas be as similar to county council's agendas as possible, we have added this um item on there. There has been one item, as noted on the agenda that was deferred at the applicant's request. Um they did not specify a time that they wanted to come back. They're waiting on their traffic impact analysis and some other documents to to come back to you guys. Um, so that will stay on that agenda until they have requested a a meeting date. Um, and if there are any other items that have been postponed, deferred, that will stay on that list. So, there's nothing to do at that time. It's just to know that there are things out there somewhere.

And um, this is this is the parcel that connects Bridgewater Parkway to 200. Yes, ma'am. The important one that gives the second ingress egress to Edgewater. Yes, ma'am. And that is one of the things that they are working on is to wait for the TIA and to see if there's anything that results that they need to make any changes. They're really working hard to try to make sure that they bring you a good solid project and that's why they requested to be deferred. Thank you. I had one other thing under other um our impact fee RFP. Has that gone out or what's the status of that?

To my knowledge it has. After the last time you requested that I had gotten with Mr. from Marstall about it and he had um confirmed with the procurement. They had asked me some questions that was more chained to the administrator's role to fill out and to my knowledge that has been done but I will follow up again and have another update for you. I want can I make a comment please? Yes ma'am.

Okay. So I wanted to talk about um just um I guess being tighter or being better informed more information which includes like city county coordination in terms of planning staff where their boundaries end ours where we're sharing infrastructure and approving all of these developments. Then um even from the workshop that we had last week in terms of getting updates on economic development and where that's going to happen and how it brings people into this county because we're t we're I don't know when [clears throat] I think housing I'm not just thinking housing I'm thinking like smart growth in so many different directions and then looking at the house an a housing impact study fee a housing impact study. Sorry, not fee. Um, but just trying to understand like how we can become more how we can become richer about making our decisions. Thank you. Is that everything? I have a mo I have a motion to adjurnn.

No, ma'am. Not yet. Oh, [laughter] sorry. No, ma'am. Not yet. No. Uh, actually, last time we were here, I issued a rebuttal and a demand for apology and retraction. that was ignored. So, I have a complaint that I will issue now. I'm not going to bother reading it, but I will submit it to the clerk for the record. Okay. Thank you. Now, a motion to adjurnn. Second. Second. All right. Thank you. Good night, everyone.