Planning Commission - Regular Meeting

All Lexington County committees are being broadcast live on the Lexington County Spectrum channel thirteen o two and Lexington County's website meeting portal. As such, this commission meeting film today will be available for viewing anytime on demand at our county website. May we all stand for oh, wait. Call to order. Invocation first, please.

Alright. Let us pray. Heavenly father, we thank you for this day and for the many blessings you give us, especially for the gifts of grace that you renew us each day. Lord, we pray that you will guide our hearts and minds, help us to do everything that we do to glorify you. Please be with those in The Middle East as they continue to search for peace, and bless all of those who serve our county, our state, and our nation in uniform. Watch over them and keep them safe. All these things we ask in the name of our risen lord and savior, Jesus Christ. Amen. Amen.

This stands for the pledge of allegiance.

I pledge allegiance to the flag of

The United States Of America

Let's proceed to tab B. Tab A, minutes from last month. Do we have a motion?

Motion to approve.

Second? Second.

Commissioner Price?

Yes.

Commissioner Cox? Not in attendance, sorry. Commissioner Shealy?

Yes.

Commissioner Pike? Yes. Commissioner Otto?

Yes. Yes.

Commissioner Campbell?

Yes.

Vice Chairman Frost?

Yes. Chairwoman Mitchell? Yes.

Tab B, activity reports?

Yes, ma'am. Thank you. Welcome, everyone. Thank you for being with us this morning and assisting us through our planning commission meeting today. We do have a development activity report this month.

I'll try to be a little more thorough than I was last month. We don't have as much on the agenda. So again, if we go back for a few months with our, single family residential permits in July, we had a 188 site built permits and 57 manufactured home permits for a total of 245, which was quite a substantial number for any particular month in the year. In August, we dropped, quite a bit down to a 130 site built permits and 37 manufactured home permits for a total of a 167 in August. In September, it dropped a little bit again for a total of a 114 site built permits and 34 manufactured home permits for a total of a 148.

If we look at the yearly totals, total for the third quarter after three months is 432, which is higher than quite a number of the previous years, particularly last year, but equivalent to 2023. Total on the year is 1,337, which is probably quite a bit higher than it has been previous years. I suspect we're probably gonna surpass the numbers on-site built permits by the end of the year. Manufactured numbers on permits, months in the third quarter, we have 128 and on the total for the year is three ninety one. So I suspect again, we will probably surpass last year and the previous year as well.

Regarding pipeline projects, we have one this month. It is number 29 on your list for September. It is currently named 944 Rockin Creek Road, which is simply an address. I'll probably have a name change later. It is a small project, four lots on 6.6 acres.

It's a new development with the new ordinances. It's located in very, very far reaches of the county, North Of 378. Lake Murray, really, really far out there on the very fringe of the county, on Rockin Creek Road, which is off of Old Lexington Road on the South Side of Lake Murray. That's in County Council District two, which is councilman Larry Brigham. That is being developed by Ashby Branch who is the party concurrency projects.

We

have quite a bit of an update for you this this month. It started out being a small update until Tuesday. So I'll go through those in in September following the planning commission meeting. After after the planning commission meeting, council met on the twenty third. They approved the Victor Road project.

If you remember that one in the Avante town townhomes project was denied. So that was essentially first concurrency project that has been denied. I I give a lot of credit to councilman Bishop who I don't know if you watched the meeting, but he was very adamant about supporting the planning commission and your recommendation on these. Followed through and the project was denied at that point. So we haven't I haven't heard anything more about it.

What is the case, you know, to move forward with that one? Next, on on Tuesday, this past Tuesday, they approved the Rocky Point project. That's in school district five. The Rutledge Place project, also school district five was approved. The Edmond Highway project, which was school district one, which was approved. And the Enclave at at Brook Freya, which is school district four, I guess postponed. They they did not take action on that one. I think the developer has has reconsidered and maybe we'll come back with a different design or something. And explain it very well. They just said it was, no action was gonna be taken.

No vote. That is the concurrency projects for, this past round and the pipeline projects and our development activity report for the month.

Thank you. Tavy? Private Red Varian.

So, so, Holland, quick question. To be clear, the the ones that the planning commission recommended to be approved were approved, and the one that we recommended not to be approved was not approved. I was trying to go back to the minutes and follow your some of the names are different.

Yeah. So if if I remember correctly, Avante, you all recommended denial of that one, and counsel, actually denied it. And the the enclave at Wood Wood Trail was you all actually recommended denial of that one as well, and that one is has been postponed, so Okay.

So we're so far, we're they're tracking with what we have recommended as a Yes.

They're correct. Okay, Donna. You're ready.

Morning. We have two private road variances this morning. The first one is for Lenoir Drive. That is this is an existing private Road in West Columbia. This access from Del Re Street. Go ahead and bring up that sketch. We also received, you know, when we have a private road variance, we do have to send out a public notice to all of the users of that private road. We did receive two comments from citizens on that and I believe y'all were given copies of those this morning. The applicant for this request is Kenneth Smith, trustee and Kenda Sue Stillwell. They are both here in attendance this morning.

Currently, own approximately 12 acres on Lenoir Drive and they would like to subdivide this parcel and create a separate parcel of two acres. Based on those comments we received, I think there may be some confusion of what the applicant was applying for. So I just wanna reiterate that that there is a mobile home that's currently on the parcel. They would like to create a two acre parcel where that mobile home sits. The remaining 10 acres would be on its own parcel, and miss Stillwell intends to build a home.

The reason for this request is because she is gonna request some financing to build that new home, and this has been a request of the finance company that they do not want to finance a site built home when there is already a mobile home on the property. This would be the eleventh lot using that private road for access. We do have some history of some variance request. In 1990, there was a variance request approved with a stipulation that further subdividing requests receive approval from the planning commission and the road maintenance agreement be revised. An additional request in March 2000 was also approved to create two additional lots.

This approval contained the same stipulation that further subdividing requests receive approval from Planning Commission and that there be some further amendments to the road maintenance agreement and increase the widening of the widen the driving surface of the private road. This is, the aerial photo. You'll see it's accessed from Del Rey Street, and that star is where their property is located. That's just a closer view. The 326 address point is where the mobile home is at, and I believe the 330 address is what's been assigned for the future home.

This is just kinda showing where that two acre portion would be located, and they would establish an easement from the private road to that two acre portion. Have some photos. This is looking into Lenoir Drive, from Del Rey Street at that entrance, on Del Rey Street, and they do have the signage in place. This is the driveway that they've installed to go to the 326 And 330 address, And these are just some photos of Lenoir Drive at that driveway location. And this is the existing mobile home that is on the property, and that's newly been placed there as well.

We do have a video. You will see that the driving surface is wider at the beginning of the road and it does narrow, once you get back to their property. And, Holland, if you could start that video for me. There we go. And while that's playing, I'll go ahead and read the standards that Ms.

Steelwell supplied. Standards for a variance. There are extraordinary and exceptional conditions pertaining to the property or properties. The banks are requiring the mobile home not to be on the TMS at the time of construction loan. In order to do so, the mobile home along with two acres of the 12.77 per requirement of road maintenance agreement for Lenoir Drive property owner dated 05/19/2000, record book sixty two forty nine at page 57, and also slide six zero seven page two is requested to be put on a separate TMS number.

B, these conditions do not generally apply to other properties in the vicinity. The two acres with mobile home will not affect any other person's property or properties. The land will be mostly inside of the remaining 10.77 acres minus the right of way easement to Lenoir Road. This will not impact the private road Lenoir Drive. My daughter will utilize the current driveway off of Lenoir.

C, because of these conditions, the application of this ordinance to the particular property or properties would effectively prohibit or unreasonably restrict the utilization of the property or properties. Only myself and family will be utilizing both the original TMS and the new form TMS. D, the authorization of this variance would not be a substantial detriment to adjacent property or the quality of life for the residents of the county. The authorization will not cause any excuse me. I'm sorry.

That right here while we're looking at it.

This and and I will ask miss, Steelwell to confirm that. If you had went to the right, that would have been going toward your property, and straight ahead is going to some additional properties that are accessed off Lenoir.

It is

Am I correct in that?

We'll ask a couple of questions in a minute. I just wanted to clarify while we were on that video. Sorry. Go ahead with you. Already interrupt. I just wanted to see if

That's okay. Sure. See, the authorization of this variance would not be substantial detriment to adjacent property or the quality of life for the residents of the county. The authorization will not cause any detriment to any individual or property. However, if approved, the ensuing stick built home will enhance the surrounding properties values.

E, when deliberating a variance request, financial hardships alone cannot be considered for the basis of a variance. I'm requesting the variance for the purpose to build my future forever stick built home. As the bank has their requirements, I've been unable to find another way around the need for approval. The proposed new TMS is not over property owned by another. And you did also receive a separate letter from miss Stilwell, which you do have a copy of in your packets.

And just to go back to that road maintenance agreement, she did mention that as well. The agreement on file does state that further subdividing may occur only if the resultant parcels are two acres or larger, and the agreement states that maintenance costs shall be shared equally by the property owners. Go back to Sure. Showing where that approximate location of those two acres would be.

This doesn't increase traffic at all, does it? Because they already live on the parcel.

They already live on the parcel and of course, they could add mobile homes, build additional houses if allowed by zoning without subdividing. So if the financing need was not there, they could build the house. We're here today because of that financing requirement that it be on a separate parcel. So technically, the traffic would not change if they didn't need to subdivide, they could go ahead and have those two homes there.

Looking at the sale information for this property, I see that it was purchased in December, so less than a year ago this property was purchased, is that correct? So in my opinion, when I read that and I read some of the dissenters, they probably, like you said, may have a misunderstanding that, all right, we'd somebody bought this property and now they're about to cut it up another 50 lots, and use this little road to do it, and obviously that would not be feasible. However, I did see, garbage cans on that road, so I do think that a big old garbage truck is going down there picking up those garbage cans. I I have how does reason why we wouldn't approve it.

How does everybody feel about the fact that in 1990 or excuse me, don't know when, what, 2000? In 2000, they were required by Planning Commission to improve the driveway to a 16 to 18 foot width and that's clearly not been done.

I couldn't really find any record of that. I think that that particular subdividing request was one of the parcels that are at the beginning of Lenoir where it is probably a 16 to 18 foot of drivable surface, it does narrow as you go down. And there are driveways that you are able to, if you would have to turn into to make room for a passing car.

And that was part of my concern is as you drove further and further back, it got to the point where I don't see how I don't even see how garbage truck gets down. Based on that video, it was extremely narrow.

It is.

Yes, sir.

You know, and that's really my only concern is passing somebody. Know, there were a lot of areas there where you went a distance before you ran into a driveway. And I was asking the chairwoman, how do you pass somebody if they come head on at you on this road? Because it doesn't seem like there's room on either side. So that's my only concern. And, you know, commissioner Otto brings it up is, you know, is there is it time as we continue to go down this road to start making the improvements that are necessary

to make it safe?

Well, I have another concern because we have one person here that says that he was not allowed to split his land because it was a private road. So what was that situation? Why was that denied?

I'm not exactly familiar with that individual, but I do believe that when someone asks us if they can subdivide on a private road, most times, like in these situations, we would tell them that we can't approve that at a staff level, but you can make a variance request to Planning Commission. And sometimes people will consider that a no. I don't think, you know, if they don't ask further questions, you know, they would have been allowed to come in and submit an application just like Ms. Steelwell is.

But it didn't come before the commission?

No. We've not received an an application for that individual's name.

Big backing on vice chair Ross' comment. While I realize that the variance is to subdivide to an additional lot on the private road, the road maintenance agreement would have to be reevaluated. Does that mean just adding the additional person's name or will it also be can it be conditions of the road?

Based on my interpretation of the road maintenance agreement, it would not have to be revised since it does stipulate that it's allowed as long as the resultant parcel is two acres. If Ms. Stillwell wanted to create a parcel that was less than two acres, then she would have to approach those owners about revising the road maintenance agreement. And since it stipulates that further, that maintenance would be shared by property owners, as soon as this new parcel was approved, then that new parcel owner would then be another party to that road maintenance agreement.

Following up on that, quick question. When road maintenance agreements are revised, which apparently was done last time, are all parties sign off on that? Is that something that's Not

necessarily that. So another stipulation of how those agreements are worded, and they can be worded however they agree to do them initially. Most of them say a majority of the property owners. Some may say all of them. It just depends, you know, and we don't give that legal advice. We just tell them that they need to consult with their attorney to determine what those requirements would be.

But there is some participation from the adjacent property owners in that wording?

Yes. Okay.

I mean, just they've agreed apparently that if it's two acres or larger, they're okay with it. Yes. So now to come back and fuss about it seems, you know, a little disingenuous, I guess. I mean, you know, they've said as long as you meet these criteria, we're okay with further subdividing.

I didn't dig real hard, but that was 93. How many people you think still on that live on that road in that says 93?

Given given the fact that somebody wrote in here that everybody's in their fifties and sixties out there, I think there may be a few of My grandparents grew up over I grew up over there with my grandparents. I'm I'm familiar with the area, but, you know, I I don't know. But still, I I it's part of the agreement.

Can we ask could I ask a question of the applicant, please, or applicants? One one thing that I'm kinda hung up on is You

wanna ask state name or

Yes.

Yeah. Go ahead. I'm sorry. If you

could state your name and and your address.

Linda Stillwell at 330 or 326 Linamar Drive at at at some point when I build my house. Right now, I'm at 127 Brand Court, Lexington.

Alright. So bought the property in December or it closed in December, correct, 2024, less than a year ago. The mobile home has been moved on-site since then?

Yes. Okay. And it made its way through the

When you bought when you all acquired a property in December or whenever it was, was the intention to put a mobile home and a stick built home on the property?

Correct.

And had you put the stick built home up first and then moved a mobile home on the property, would we would we be here today? We would not. I didn't think so. That's all I have. So

I'm confused. Who's gonna be living in the the mobile home?

My daughter and two grandchildren live there. They, used to live with my dad, and, we built that or we bought that and put that out there so that they could get away from my dad. Not just so that they had their own place. Really, he could get away from them and be an actual grandfather instead of a father. So and they all live in the stick built.

So so they're living in the mobile home now?

Correct.

Okay. And they've been living there how long?

August? I think August.

Yeah. Is

the mobile home detitled? No. The mortgage company wouldn't allow you to finance because the mobile home was just sitting there?

He said I could take it off, or I could try to apply for it to be a mother-in-law home, but then it would have to be detitled, and there could only be one power to both homes, one meter. Then I tried finding someone else. Like, I thought maybe a farm mortgage court would do it, but they said no too.

Madam Chair, I think we've met the standards of the variance for this request, and I would make a motion that we approve the request as submitted with the stipulation that we made, or whoever was before us made that any further subdivising on this private road come back before Planning Commission.

I second that.

Are there any stipulations involved with that, Wally, that according to our reasons for approving a variance? Did you state those?

I understood

last month that as long as we felt like we discussed them and stated that we did, that we didn't have to go through that again. So I'll be glad to again, but I mean, that's all

I just

The only stipulation would be that

any further subdividing would come back to us Lenoir Drive.

Correct.

Okay. Commissioner Price? Yes. Commissioner Shealy?

Yes.

Commissioner Pike? Yes. Commissioner Otto?

All the same.

Commissioner Campbell?

Yes.

Vice Chairman Frost?

Yes. Chairwoman Mitchell? Yes. Thank you. Thank you.

Tab f?

Alright. The next, private road request that we have this morning is on Fry Branch Road. That's also an existing private road, that was established prior to the, private road policy being adopted. Our applicant today is Terry Big Phillips who currently owns approximately 11 acres. Frybranch Road is located near the interchange of I 20 and Sunset Boulevard off of Riverchase Way.

This is an aerial photo that she's provided. I know it's kinda hard to see, but she's showing in her sketch where she would like to propose to create two additional lots. One of those lots would be for her her son, which she would like to give him a two acre portion of the property, and he plans to build a home there. And then she would also like to sell a one to two acre portion to her son's friend who desires to also build a home on the property. These properties would be accessed by an easement established along the Dominion Energy right of way, and she has received permission from Dominion Energy to be able to install a gravel driveway at the very edge of the electric transmission right of way.

This would be the twelfth and thirteenth lot using this private road, for access. Her access plan would also require a variance to items two and three of the access policy. Item two states, if an access easement is used to provide a driveway for a landlocked parcel, that access easement may only be designated over one parcel. And item three states if an access easement is used to provide a driveway for a landlocked parcel, that access easement may not serve another landlocked parcel. We do have, we did receive a couple of comments for this and I believe y'all have copies of those.

You also have copies, I believe, of some photos that miss Vic Phillips provided this week. She, We did go out and do our site visit at the September, October 1. And since that time, they did make some improvements to the road surface. Miss Vick Phillips let me know that this week. So we did we're able to go out and do a new video, but you'll see some of the site photos in here are before those improvements were made.

This is, again, just showing the location of that private road. This is the area where she would like to create those two lots, showing approximately where those would be located at. This is a this what it's a little odd, the entrance from Riverchase Way. That's Gerber there that you're looking at. That's it.

You enter through their parking area, and then it goes into their the private road. These are just photos on Riverchase Way at that entrance, And they do have their signage in place. These are the photos at her property. I'm gonna go ahead and play this video. This is the one that we took several weeks ago before those improvements were made, and I'll kinda try to point out that area where you can you'll see the differences in the second video.

The area here where they have done some resurfacing. And while that one's playing, I'll go ahead and read her standards for variance. A, the extraordinary and exceptional conditions pertaining to this property is that only three to four of the owners on my street have agreed to pay to maintain the road even though the road maintenance agreement states it will be paid for by each owner. If they don't have the money, I would have to obtain an attorney and sue each owner to get a judgment that might not be paid in my lifetime. My property is also the first one on the street, so everyone drives past my home to get to their house.

I am a retired public school teacher and cannot afford to cover the cost of this road by myself. B, subdividing at the back of my land does not affect any of the other owners on this road. They will enter their property from the right of way on my land and won't go further down the road. I have also included a letter from Larry Baker, Lab Properties LLC, giving consent for the road variance as he owns part of the road at the beginning of the street, which is TMS 003698 Dash 03 Dash 005. See, because of these conditions, the application of this ordinance prohibits me from using much of my land as a lot of acreage is under the power lines.

Dominion has restricted all use to me except for a garden that if it had irrigation, they are not responsible for damage if they access the property. This property was brought for my children to be able to be near me as I got older. D, the authorization of this variance would not be a substantial detriment to adjacent property or the quality of life for the residents of this street or the county. As I indicated earlier in this letter, the properties would be accessed via the road right of way area on my property, which is the first property on the road. I don't travel further on this road nor with these two property owners.

E, I know financial hardship alone can't be considered as the basis for the variance. However, this would be very expensive if I have to pay for the road by myself, and it would be a financial burden for me. And you also have a separate letter, in your packet that miss Vic Phillips provided. This is the video that we went out and took yesterday, and this does show where they did make those improvements. And I'll try to point that out to you when we get to that point.

The diss while we're watching, the dissenters or letters we have, they're further down the road than this property or proposed parcels are. Is that correct? Yes.

Because she is at the beginning.

That's what I thought about.

And you'll see there that they have done some resurfacing. Ms. McPhillips can comment on which neighbors participated in that. I believe the majority of them have agreed to this except for maybe one at the very end. And they resurfaced, and also added some speed bumps.

And the home there to the left is

That asphalt we're riding on now or is that slag?

Paid?

It's paid. I don't know what the actual surface was. Was it the asphalt that you used or okay. Refresh Refreshment. Yeah.

Pay for the improvements.

I believe miss Phillips said that it was everyone on the road except for one. Three people. Three Three. People. I'll let her come up and speak to

the 10 or 12 or whatever participated?

I'll let her come up and speak

speak to now? Look. Before we do that Sorry. We're well past where we're

Well past her property.

Yes. Yes, sir.

Can we

go back, Colin, to where where the right of way is? I think I saw it, but it was I don't really care, but I wanna be on them. That's not it. That's it. There's the transmission right away. So the alright.

The driveway would

We wanna know about the resurfacing, and I wanna know which side of the right of way you're gonna put the easement on. So if you would step up. Sorry.

Go ahead.

Swear to John

Name and address, please.

Gary Big Phillips, 401 Fry Branch Road. Okay. We resurfaced all the way to right before the last two properties, the Kimbell's and the other one was the Dobie's house. Daniel, who lives across the street from that house on the left there, he didn't participate in paying. Jackson's paid for their place right in front of their house.

Then Mr. Emmer, he paid up to where the for my actual yard yard and then they kind of pushed some more. So I ended up having to do middle of my yard all the way to the end of the road, which really I didn't think was fair because everybody rides on my part of the road. But mister Emer also helped me with that and the speed bumps a little bit. So everybody participated but the three people.

Now both the Kimballs are deceased. Gigi just died a couple of weeks ago. So there's gonna be 15 acres and there's some speculation that they wanna subdivide that, which there's no way that road could handle all of that. But that is not my fight right now. I just same situation as before. I can't afford to build this house for my son on that property, so he'd need a mortgage. He has to have the property in his name to get the mortgage. Same thing.

So which where are we going to put the road if we approve

Right, for that

So on the closer to you Yes. Side of the of way. Okay. Just curious.

And we're going to do crush and run just because if something happens and they had to move over or whatever wouldn't damage the asphalt or whatever.

Yeah, you can't do asphalt on a transmission

right away. CHRISTOPHER are quite a few of them if you look around

the county.

But technically, I guess they could get damaged. It's your responsibility.

There's a dissent letter here from Mr. Daniel Morrison, I believe.

He That's one that didn't participate

He in is Okay.

The And then there's another letter that I think is dissent from Kelly Green.

That's the property at the very end. She's the going to inherit the 15 acres from the Kimballs. I didn't

quite understand whether she was dissenting or not.

Mean I don't understand why she would dissent because she prob she doesn't

even Well, okay. So she's asking the developer widen

the road and do a maintenance agreement,

which would be to her

benefit if done at the end of the property.

Well, I guess because she's thinking about talking to developers to Central. Property. So And I'm sure if that's her part would be approved, it would have to be widened. But I would assume that would be at her expense or whoever buys her property's expense.

Madam Chair, think it really wouldn't matter what kind of road we're coming off of. We still have a variance here to to have an easement to serve two land lot parcels. I'm not personally, I'm not concerned about the Branch Road quality. I think we're okay there. I mean, may others please welcome your opinion, but I think the bigger issue is are we going to allow a 2,000 foot easement to serve not one but two land lot parcels, and that is the two variances that we have in front of us today. Is that correct?

The variance is needed for the private road because it's a private road that was established prior to the private road policy, And yes, the access policy because of having to use the right of way area under the Dominion transmission lines is really the only way that she would be able to get access to two parcels would be to have an easement. And I believe there was some legal discussions on because we talked about creating one of those parcels as a flag lot. The flag lot driveway could then give, the easement to the other parcel, which would comply with the access policy. However, I believe with Dominion Energy, having that transmission line that it would cause some legal issues. I believe your attorney advised you not to go that route and to do the easement instead.

Correct?

That's good information. Thank you.

It also includes the additional parcels over the maximum 10. Right? I mean, we've we're already past that.

But Yes. This would be the twelfth and the thirteenth lot using the private road for access.

Yeah. Okay. It's on the next page. Sorry.

Looking at the the tax map drawing you have, where exactly does Fry Road begin? One of those.

Technically, I believe that it begins right off of Riverchase at that parking lot because there is old plats that show a sliver of that property, and that's why she did have to approach mister Baker. I believe it's mister Baker. I'm sorry. I don't mister Baker, who is the representative of the LLC that owns the Gerber repair business there. He had to give permission for this variance request because technically, that private road does go across his property.

Has has there been any discussion with the neighbors, all the people on the street about doing a maintenance agreement? And and if so, what were those discussions and how did they turn up?

We we would really need you to come to the microphones. Yes.

We would, please.

There is one and there's a copy of it in your packet of the one that was recorded in 11/20/1979. That's the only one that we see on record and it does call it an agreement, but it does mention the road right of way and it references the plats that show Fry Branch Road. And it does, again say that it's understood and agreed that the easement herein created is a private roadway for the use and mutual benefit of the present and future owners and that the maintenance thereof shall be the responsibility of such property owners so long as it shall be a private roadway.

And yet you had property owners that refused to participate in the maintenance?

Kelly and Daniel were both one of them.

Again, regardless of whether it was done in 'seventy nine or 'twenty seven, if there's a valid agreement that's been filed, I think that's a valid agreement.

I do see all right, I won't make my road better. All right, my road's fine. I don't need the hill. I mean, I do see that side of it too. I'm not saying I'm sure it's got something to do with why we're here today, but in all these letters and everything, but I can't can't see one person saying, you know, I want the road better, and the other one's saying, no, it's fine.

You know? Seems seems like a majority of the folks thought it needed to

be Needed some attention, though. Yeah. I agree. Yeah. The tax map, it could be wrong, but on one map, it actually shows, Ms. Vicks' parcel runs all the way back out to Riverchase Way. Does.

Mister McKenzie, when he had that built, owned that, which bless him for having the forethought of doing that because I was able to get gas for the whole place and city of West Columbia water because I could hook up, and then everybody could get it from me.

So it looks like based on those lines there, looks like that parcel does sliver all the way out. Comes all

the way down to Riverchase as a sliver.

One smart man is all I can say. Very grateful for that.

And like I did on the prior request, I I did look at the sales information. Miss Vick has been on this property for almost thirty years, so this is not a recent am I correct in saying that? Yes. So this is not a recent

And that McKenzie's owned it for me. He built it.

What was the purpose of the second lot again? I understand it's his son's friend.

JAMES Yes. And right now, they just had a baby, so they're not going to be building. That's going to stay in my name for right now. And if they decide not to do it, it'll stay in my name and another lot won't be built. But if one of my other kids wants it, it'll already be done. Because I'm thinking my oldest daughter, she's thinking she's going to move to Chapin, praying that she So I'll have six grandkids starting tomorrow. I have five now. I'm excited for Dallas, which is my son. It's his first son.

Yeah. I I yeah. I will make a motion that we have met the criteria established to grant this variance, both variances, those both the private road and the, what, axe, the access road variance. Easement. Easement. So I would make a motion that we approve.

And I'll

second. Just in addition, with the stipulation that any further subdivision on this road must come back for approval We

need to make that a standard part of anything we hear. Yeah.

It says also to approval of the request is conditional upon individual well and septic systems, submission of recordable plat, and approved amendment road maintenance agreement, etcetera, so on.

And those would only be applicable if if they were applicable based on the language in that original agreement. I don't think they would have to do another agreement. As far as the the Platts, yes, we would need to see either the availability of public services if those are available or the permits to construct from DES for water and sewer. Correct.

May we have a motion in a second?

I understand there is public water?

Yes. What whatsoever. The builder that my son had probably is going to pick, assuming this went through all the way, they said they probably could hook up through Royal Oaks because my property backs up to Royal Oaks. That would be closer than hooking from my house because they're at the back of my property. So they would do that and then a septic tank because we have septic tanks.

Okay. So there's no sewer in that area. It's just water.

Not for me anyway. Okay.

Commissioner Price? Yes. Commissioner Shealy?

Yes.

Commissioner Pike? Yes. Commissioner Otto? Yes. Commissioner Campbell?

Yes.

Chair Chair I am missing everything. I'm sorry. Got you. No, I didn't. Vice Chairman Frost?

Yes. Chairwoman Mitchell? Yes.

Thank you.

Moving on to tab g. Information only or

No, ma'am. We do have one item to point out this morning for Emanuel Creek phase two b. Their three year agreement did expire on September 15. The developer is Hurricane Development. They are still actively working on this project. In lieu of a collection on the letter of credit, they did submit certified funds in the amount of $56,022.53. Those will be held in trust until project completion.

Very good. Reg classifications. A commission to approve as listed.

Fox Haven Trail. I'll second.

Commissioner Price?

Yes.

Commissioner Shealy?

Yes.

Commissioner Pike? Yes. Commissioner Otto?

Yes.

Commissioner Campbell?

Yes.

Vice Chairman Frost?

Yes.

Chairwoman Mitchell? Yes.

Ask a question. We just proved this road classification and it's showing five lots on this road in the dark black line. Does that mean those lots have already been approved and subdivided and that's a deal moving forward or?

My understanding is I think they've all been sold. Assuming I mean, so obviously Reported and platted.

So obviously the county is

Yes, if we don't present the road classification until the subdivision has been approved and a plat has been approved. Now, I can't speak for if all of those lots have been sold already.

Right. No, that's fine. I just wanted to know the answer

with Yes. Your first

Thank you.

Standby. Aguirre?

Thank you. Just remaining, we have we have set up the 2026 meeting calendar for next year. Eventually, our bylaws call for the planning commission meetings to be regularly scheduled on the third Thursday of every month, so that is what we have laid out for you. We did our best to ensure that there were no conflicts with holidays or Christmas or Memorial Day and things of that nature. If any conflicts there, please advise.

Otherwise, I guess with head nod or a motion or however you want to go about it, we can proceed with this calendar unless there are any

No conflicts? Any discussion?

It follows the guidelines, so

Correct.

Okay. Alright. That that's that's us. We'll we'll proceed and we'll get this calendar completed and ratified and we'll ship it up to the clerical council and and they'll be on the calendar for the coming year.

Lexington County appreciation night next Thursday.

Just

a reminder.

Oh, so I I had a few few updates for you.

Oh, sorry. I had to jump the gun.

Thank you, Wally, for

Doing everyone's job today. No. I'm just kidding.

Mister Derek has advised that there there could very well possibly be one concurrency project for the month of November, so we will more than likely have a meeting and have a concurrency project, maybe some variances as well, or we're looking at. So that's one. Secondly, after four or five years now of having very few staff in the planning and GIS department, we are now at full staff beginning this past Monday. I hired a young man into our entry level position. So he started Monday.

His name is Jonah Williams, and, he's a graduate from USC, and I'll try to get him in there on on November so you can put a face if you're ever in the office. Again, he is our, entry level spot, so we do have a full complement of staff that I'm so very thankful for now after four, five years of transition and COVID and whatnot. As well, on Tuesday, we had one of our employees, our senior staff, Ben Mosner. He was nominated for employee of the quarter. So those nominations with the council on Tuesday, and they've chosen to select a law enforcement officer to get the employee of the quarter.

I just thought it was great to have one of our employees nominated as as candidate for employee of the quarter, second quarter. Next, we have in in the in the budget in this last year, the council supported funding to move forward with a transportation improvement plan, which is pretty substantial project to look at road improvements that could occur in the coming five, ten, or twenty years. We gone through an RFP request for proposals process. We have selected a vendor that will be Stantec. That was approved by counsel on Tuesday.

So we will be moving forward with a contract and negotiation and and schedule. Road improvements and you name it, which is something that has been needed for a very long time. Hope is that that will feed into the capital penny sales tax possibly. The council has also directed the administrator to begin the process of looking at the next referendum, capital penny sales tax. The council was looking at the general election in '26.

There's process requires a commission to be established. That commission has been established. They met yesterday, and that commission will, like you all, make recommendations to the council on how to proceed with that that referendum. They were suggesting that maybe it might be better to consider the election special election in in the year '27. That's kinda still in discussions at this point.

So we're looking forward at least to have a transportation improvement plan probably by next summer or next fall, really great for the county. We need something directs where our road improvements need to occur. Whether they're funded or not, this will help us move. There will be recommendations on funding and how how there. Let's see.

We've also ended or improved, updated our future land use plan map. It is now available on our website, the planning and GIS website, if you care to look at it. Previously, it it was the map and all the categories with the colors and different things. I know you've seen this. Had a a legend that was not very descriptive. It just had titles of categories. What we've done now is create a whole other column with the titles of the categories, but also a brief description of each, what they mean, how they apply to the different colors on the map. So hopefully, the the county will get some a little more effective use out of that that future land

use map.

And to Wally's point, the boards and commissions banquet, if you have RSVP'd and chosen to attend, will be next Thursday, the twenty third at the Corley Millhouse, food and drinks, and, probably a parting gift to all of the commissioners and boards. That will be from six to eight at the Corley Millhouse. I think that's all of my updates for the month.

Thank you.

Still no color printer?

I was not in the budget.

No. Yeah. Apparently, I wasn't in the budget.

Everybody needs to go to their council person and tell them, hey. We need color for the plaintiff and GIS department. We

can make that in the form of a motion. No comment.

A recommendation, if you will. I

know we don't have anything to do with the penny tax potential and all that kind of thing, but seems to me that if we're just now having a traffic improvement study done, that it would be frankly absurd to try to push that for this '26 election period to try to put that on the agenda. I think that would immediately kill it because it'd be too quickly put in front of the

Correct. That's what the discussion was yesterday at Capital Penny Sales Tax Commission meeting in that we just retained the vendor Tuesday and it's probably a ten or eleven month process to go through all of the public. They plan on having quite a bit of public engagement like we did for our comprehensive plan to get feedback from the community on where they actually think road improvements can occur. And having been through this process in other counties where the the tax has been approved, that's practically mandatory to get input from the public to get them to buy in to be able to move forward with the referendum. So the the commission felt like it was a little premature to try to finish the translation improvement plan and then try to roll it into the penny tax and then have the election in '26.

So that's why the discussion was off to '27. All of us hate to put it off another year. That's that's really, you know, probably not the best thing. But in order to have the best chance of approval, I think rolling the the plan for improvements into tax proposal would probably be the best effort. I agree with you.

According to the penny tax statute, you have to have a list of the projects that you want to do, and you wouldn't even have the list of the projects at that point if you haven't done the traffic study.

Well, the the county does have a list of projects that was used in the in the past two referendums. It it it's based on the Central Midlands Council of Government's area transportation study plan. So that's a a regional plan. We get projects from them. Public Works Department also keeps up with projects that they need to implement over time. Those we have those projects and those were what was used in the last This, although, would be a much better way to figure out

a

prioritization of projects and which ones probably need to occur over time and which ones the public can support because that's part of the referendum. Right?

The update.

All right. I guess that concludes. It's adjourned.