Planning Commission - Regular Meeting

I hereby call this meeting of the Lancaster County Planning Commission to order. Would the clerk please call roll?

Richard Crandall. Present. Lynette Henson. Present. Michelle Richards. Present. Frances Liu. Yokima Kierton. Present. Judy Anna Tinklenburg.

Here.

Sheila Henson.

Present. um would the clerk please make a note on the record that a quorum of the planning commission is present public notice of the meeting including the meeting agenda has been posted the required length of time in the lobby of the county administration building and on the county website and the news media was notified of the meeting place and time welcome everyone to the lancaster county planning commission meeting Please make sure that you've turned off all of your electronic devices, that you abide by the rules, posted rules of this meeting space. Please remove your hats, no profanity. And we had some commotion from the audience last meeting, so I would like everyone to please, when someone is speaking, be respectful, do not interrupt them, do not cheer and clap. And when people, if someone's up there speaking, please be polite and give them the floor. And I would also like to welcome Mr. Richard Crandall from District 1, our newest member to the board. So we are now back up to a full seven members, so that is very nice. Thank you. A sign-up sheet was provided at the entrance door. If you haven't already, please add your name to the list for the relative agenda item for which you would like to speak. Anybody else need to sign up before she brings them up to me? Going once, going twice? Okay. So everyone please rise and join us for the Pledge of Allegiance and the opening prayer.

I know we're in such a bad spot.

I pledge allegiance 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. standing while we have our opening prayer. Lord, we come before you this evening and we ask for your divine help. You know that we are about to have some hard conversations and make some difficult decisions that will impact the livelihoods of those that we represent in the community. Grant us the wisdom to know what to say, compassion to say it honestly, and openness to hear things that we may not want to hear. May our decisions be done with kindness as we respect those around us. Let our comments be for the common good and not for personal gain. Bless everyone here and we thank you for being with us. We make this prayer in your holy name, God of all life and endless possibilities. Amen. Sorry, y'all, I have to sit on the cushion so y'all can see me. So every time I stand up and sit down, I have to readjust myself. Thank you, ma'am. Commissioners, next, you have before you the agenda for tonight's meeting. Do I hear a motion? Make a motion to approve. Second. Second. Any questions? All right, well, we have a motion and a second to approve the agenda as presented. Show of hands. And it passes 6-0. The next item on the agenda is the approval of the minutes from the April 21st regular meeting. Do I hear a motion?

I'll make a motion to approve.

Oh, I'm sorry. Thank you, Judy. Commissioner Liu, who could not be here tonight, she had one comment on... page 10 of the minute meetings, which is page 13 in the package where we were talking about, um, um, road names for a legacy point in our end 20, 26, 0, 4, 1, 7. It says that the, the motion passed unanimously, but Francis Lou opposed. If one person opposed, it's not a unanimous vote.

So if we could just get that one point corrected, I'll make a motion to approve with an amendment from commissioner Lou.

Any other comments? So we have a motion and a second to accept the minutes with the one amendment with a comment from Commissioner Liu. Show of hands in favor to accept the minutes? Motion passes 6-2-0.

Technically, Madam Chair, that motion should have been for the amendment and then you need to go back and do the minutes as amended.

Thank you, ma'am. Robert's rules, got to love them. All right. So we have a motion to accept the minutes as amended and a second. Show of hands to approve the amended motion. Passes six to zero. So now I need a motion to approve the amended minutes.

I'll make a motion. I'll second it.

Okay. So now we have a motion and a second to approve the amended minutes. Show of hands in favor. Vote passes six to zero, thank you. All right, we will now consider ourselves into citizens comments. No one has signed up to speak under the general citizens comments. Today the 19th, yes. So we will now consider ourselves out of Citizens' comments. The next item on the agenda is public hearing items for planning commission decision. The first item on the agenda is SD 2026-0834, Melanie Lane, Barberville Commercial.

Thank you, Madam Chair and Commissioners. Can you hear me? We have a new application that's before you for our subdivision. It's a major subdivision, a preliminary plant that consists of 9.74 acres, a multi-lot commercial development. The property is located on Barberville Road, Fort Mill Highway. You have a portion of it that is on general business, GB. The other portion is neighborhood business, NB. The applicant is Moody Group on behalf of Barberville Development and Martin Senior and Associates. It's in District 4. So the subject property is located at the corner of Barberville Road and Fort Mill Highway. The site is total of 9.74 acres. It's currently subdivided into two parcels that are split between two different zoning districts. The property is located directly east and south of Overlook at Barberock, a residential community. existing conditions an existing cell tower exists on the property um the site is proposed to remain the tower is going to remain on the site as shown on the um submitted preliminary plant um there's currently grading that's grading stages on the development um Let me get this one. This is the The preliminary plat that was submitted that went through our technical review committee. So everyone has reviewed that for preliminary plat. Zoning, you'll see that we have conditionally approved it based off planning commission giving it approval. So this went through Lancaster County Water and Sewer, all of our departments. public works, fire, E911. Once it gets a preliminary plan approval, then the construction drawings will be submitted that have more detailed plans on that. It is located within the highway corridor overlay. So once these parts, you'll say you'll have your preliminary plat, then you'll have your construction drawings, then you'll have your final plat, and then you'll have your as-builts that are approved. And then once a particular use is decided on those parcels, you also have a commercial site plan that is submitted as well. So the DOT, the traffic count, and all those things have been looked at, but they're not found. They're still going through those things. And then once a commercial use is decided for this particular piece of the property, they'll also look at that and see if it's warranted another TIA. And I'll be able to be more than glad to answer any questions that you may have or providing more information that you've got.

Commissioners, do you have any questions for staff?

Yes. Okay. Thank you. Okay, so looking at this as a new project, my question is regarding the TIA. What I read is that it only included one of the two parcels, not the entire parcel. So if we're using that TIA to gauge decisions around traffic calming and intersection requirements that are shown on this site plan, how is that accurate if it's only considering half of the site?

There's going to be a new TIA for this particular project. The other TIA, and there's going to be improvements made on that, was for another site plan that was submitted and approved. This particular project, once it goes forward, will have a different one.

So if we're supposed to look at this with how it impacts the existing area and what they're showing is based on that existing TIA, that's not accurate. So how are we supposed to make an informed decision without knowing what the impact is that they're bringing?

So this is for the preliminary plat that it meets everything within the UDO to come before preliminary plat. The road's going to be where this was a private road. This road's going to have a right of way. It's going to be privately maintained, but it'll have a right of way. So once those construction drawings are submitted in, that is a more detailed review that will be looked at.

in the past when we've looked at preliminary plats especially at the master plan level we have an understanding of the impact that is coming to the community it's very important that we consider traffic in our decision so i just feel like i feel like we should have that information to be able to make an informed decision

And I think with the with this will be in a commercial development in the use the users not being known now because all that is going to determine on what needs to be submitted for the TI so. There will be construction drawings if it gets approved there will be a use that's claimed with the site plan that will require all these things to be submitted and approved.

So where does it tell us that they can submit a TIA for us to consider that isn't including both parcels?

There's not anything in the ordinance that says for both. This is just particularly for this new project, and for this being a preliminary plan, it doesn't require a TIA to be submitted.

Okay. So we understand, though, that what we had to look at only included one of those parcels?

Yes, ma'am.

Okay. That's all for now. Thank you.

I have a question. When did we approve conditional use? Ma'am? You mentioned that we had approved conditional use and that the grading had already started and I'm just wondering when that happened.

The actual grading and the infrastructure for the Lancaster County water and sewer and the stormwater started when the original, the commercial site plan was approved for the front parcel. That's not a part of this development.

You said planning approved conditional use. When did that happen?

I don't remember saying a conditional use.

Ms. Davis, you just misspoke. I have a couple of questions. So you said specifically that these two parcels do not have the same zoning district. So how do they get combined when they have two different zoning districts? How does that get resolved?

So they're not being combined. They're just being the name of the same development. So the GB is not being combined with the neighborhood business. It's separated. The road's just going through both those parcels.

they're asking for a major subdivision that means it's all together it's all together as a commercial development you can have two different zoning districts within one commercial yes ma'am that's that's that was that's one of my questions how do you have two different zoning districts in the same commercial development okay like i said can somebody in staff tell me show me where it says that And then. Right.

so they're not combining the the parcels together they're doing the all the storm water infrastructure as one um and the reason why they're having to do it as one development is because of the storm water and the infrastructure okay so that leads me into my my second question so um the upper parcel was already approved as a minor subdivision on march 26 of 2026 and

I don't explain to me the process of how you take an existing approved minor subdivision and wrap it into a new major subdivision.

So we we that minor subject subdivision created one parcel it took the three and made one and so if this gets approved that's what's going to separate those three parcels for the neighborhood business and the one for GB.

So it just, it's... Yes, all right, and then... My other question is, I went out there to the site Wednesday last week and walked it and looked at it, put on my hard hat, put on my safety vest, put on my stuff, just I wanted to look at it and see because I know you've already done some work out there. How are you making sure the infrastructure that's already been in place for this minor subdivision is going to be properly tied in to the other half?

So that's where the stormwater and the Lancaster County water and sewer. That's where whenever the construction drawings come in, they're going to make sure and verify what's out there now meets the plans that are submitted. And then they also have to have as built that are submitted back in.

All right. And, um, in the um staff report you posted uh the pictures uh i mean you posted pictures of the signs out on the property the signs are not there they were not there last week so have y'all already removed them or did somebody take them down because none of the signs were there last week not on 160 or on barberville road yeah we haven't removed them okay yeah

I can answer that question, Commissioner Richards.

Yes.

Actually, I placed signs on that site on two or three occasions. And you have the workers that are out there. They were doing some type of installation along the shoulders of the road. So more than likely, they removed those signs.

Thank you.

You're welcome.

Any other questions for staff?

Yes, sir. I have one. If you don't mind. So in the TIA that we have today, it talks about needing a northbound left turn lane. And I see that SCDOT approved it. I just didn't see. So have they already reviewed that? They've already given an encroachment permit for that?

That's on the current site plan that's approved for the daycare.

The one that's already going up. And then so Barberville has enough right-of-way to put in that left turn lane?

No. or they'll have to come in from the property to get it.

That would mean that this plat wouldn't be accurate at that point if they have to give up space in their actual- Not on this project.

The diesel lanes coming in on the other project.

That lane would be in before the daycare. I don't know if we have that plat. because it's a northbound turn lane from 160 going up Barberville. So the turn lane would actually be before the daycare. So they'd have to give it up on the plat that we're reviewing today. Does that make sense? So if you look at, if this is Barberville Road, if we're making this turn here, it means this is where we're expanding it. So if we have to give it right away into their property, that means this plat wouldn't be accurate. We wouldn't know if it's accurate without knowing.

Not until that one in particular and that use is claimed, there may be more improvements that's going to have to be made along that road.

Then the stormwater that's in the common area, the BMP that's there, was that based on pre-engineering for stormwater runoff? Is that a placeholder? Is that going to need to change after we do engineering?

that was placed um for the overall development of all this um and when those individual site plans come in they will make sure that those those measures are accurate or if it needs to be upgraded got it so that's a placeholder today we don't know for instance on parts i know we're not looking at parcel one but on parcel two i know i need to speak into the mic sorry on parcel two the elevation there i know parcel one has a i think a

There's a 10 foot difference in elevation over about 75 feet, which is a 13% grade, which means there's a lot of watershed. Parcel two has the exact same thing. So even if we don't consider parcel one, parcel two also has that. So, and from my understanding, and you can correct me if I'm wrong, that's upstream from the stormwater. So today that on the right side of parcel two, from what we're looking at today, that actually wouldn't be covered by the BMP.

That I can't answer. That would have to be a stormwater.

Thank you.

Any more questions? Is the applicant here? If you'd like to get up and speak, please come up and state your name and address into the microphone for the record, please.

Madam Chair, Dan Ballou on behalf of the applicant. 113 East Main Street, Rock Hill is my address. We're here to ask for approval of this subdivision. I know there are a lot of questions. As you may know, this project has some history behind it. I just want the Commission to understand that at every step along the way, we've consulted with staff. to try to understand how this process needs to conform to the UDO. And we've done everything that has been asked of us The fact that there was a minor subdivision, again, that was all part of how we were advised to proceed by staff. We think this is a good project. This is a corner that is zoned appropriately. It is in a highway corridor. It is where this kind of development should go. And we want to do it right, and we want to do it pursuant to the UDO. We think we've got a good product for the county today. We're here to answer any questions you've got. and one in particular involving the turn lane, that is shown, that is existing, shown on that proposed plat, we're not gonna need to acquire any more right away in order to accomplish that.

And I'm Jan Rankling with Moody Group, and it's nice to see you all again.

Address, name and address for the record, please.

Okay, I'm on Terra Plantation Boulevard in Monroe, North Carolina. So to answer your question earlier about the division of GB and NB, those two zonings, anytime someone comes up to get an approval for a building that they're going to be developing there, they have to meet that current zoning, whether it's GB or NB, and they'd have to adhere to whatever permit requirements that you have for ingress, egress, and that kind of thing. We have consulted with DOT on the other conditional things that we would have to do on 160, but because that wasn't a part of this plat, we didn't turn it in for now, but we already have had an additional TIA, so we already know what we'll have to do once these other users come in. We don't have any users right now. We literally just have the MKU, but once these guys are sold, if they want to come back in and go before the process that our MKU had to go in for, and get permitted, that's the route that they would take. And I was trying to think of any other questions that you had that I was sitting back going, ah. Is there any?

I know, I saw you and I was like, good.

I was like, I didn't know, I was like, I wanna address it because I know there's, like Dan said, there's a lot of history. We want to honor the neighbors and we understand there's been some discrepancy.

All right, I'm not gonna start with the last meeting. Y'all please be respectful and let the applicant speak without interrupting them.

So we've, you know, we've followed the guidance of the county the entire way to try to create something that would work for everyone. We did our due diligence and understood what we had to do. We've moved forward, we've, we have our owners that have invested money and time and we're here to try to work out what we can do on that corner. It's a lit intersection, you know, so hopefully we have something that's palatable for everyone. Are there any questions that you have for me?

Who wants to go first?

Okay. I do have some questions, but let's go ahead and get through public hearing, and then I'm gonna save my questions till after

I do have a question. If there was history and you had your meetings with the neighborhood, I just want to understand where the breakdown happened. I'm confused because you said you got guidance from our staff. We've seen this before or not seen it before. It's considered new, whatever. I just want to understand what happened.

So I would like to fully understand that myself, to be honest, but we turned in a plan. We went through the original TRC. We were told what to do, how to break those parcels down. Because it's a by-right use, we didn't go through rezoning. We weren't trying to change anything. We were just trying to build the site that was there. So because of that, we weren't required to meet with the neighbors. reach out or reach back to some of the neighbors originally and then after the first hearing it sort of backfired on me so i chose to try to do everything through the process which is address all the trc comments and make sure that we were up and up on what we were presenting and bringing all the experts in doing all the additional work so i really don't i can't answer that question i don't know where the disconnect is I would like to know myself because we're here to work with the county, work with the neighbors. I understand that it's challenging to have someone build next to you. I'm looking for space out in the country myself, so I understand having somebody develop in your backyard. We bought the property, understood what the requirements were, or we thought we did. We did our due diligence to talk to everyone, and so it felt like we had what we needed to move forward.

the site and we did and then we were we were kind of shocked at some of the things that came up after the fact so but anyway thank you um i'm going to take us into the next phase but please stay around we're going to have more questions for you afterwards thank you so much yes sorry

I'm a civil engineer associated with this project. Address? 805 Berk Hill Lane, South Carolina. To answer your question about the stormwater, when we looked at this site, we developed stormwater based on full build out. So each one of those parcels, imagine that the max impervious area, and it all goes back to that pond. So it does not require future improvement.

Got it. So it is done on pre-engineering work. Yes. OK.

Thank you. Very informative. Thank you.

And we did feel that, I guess, multiple reviews by the TRC, County Engineer, Water and Sewer District, DOT, obviously there are a lot of folks looking at this to try to build the best site possible and i think the approvals that we've seen reflect that is kind of the purpose of the trc process to have some third-party review of these matters we just feel like this is a good project for this area and something that would be an asset to the community Thank you.

We will now consider ourselves into public hearing. I have several people that have signed up to speak. When your name is called, please come up the dais, state your name and address into the microphone, and then you will have three minutes to speak. Before I start calling people, though, I do have several emails here that people have sent in. Making sure I'm looking at the right one. Yes, Barbaryville. Some of these are residents, most of these are residents of the overlook at Barber Rock with concerns about the alignment of the road and with having the buffer zones and the runoff and the cell phone tower and the traffic analysis. They're concerned that it doesn't meet the UDO. They said in previous meetings that going back and forth between the minor subdivision and the major subdivision. Let's see. Talking about the loss of tree cover because the area was completely denuded and the noise that's coming in and the runoff and This was from, this was one, two, three separate emails from a Larry and Janice Bennett, a J&M Markham, and a Jeff Williams. So those are the three people that emailed comments in. So the first person that signed up to speak is Janine Clifton.

minute. Jeanine Clifton, 2023, Oliver Terrace, Indian Land, South Carolina. I've been here before. Sorry I haven't seen you in a few months. But you've seen this before. A few years ago, this commission looked at the same idea, the same property, the same developer, and you said no. You sent them away. You told them to work with the neighborhood. They didn't. Here we are again, same property, same idea, and now nothing materially has changed except for their ambition. You asked them to work with us. They never made a single effort to do that, not one conversation, not one meeting, not one cell phone call that we can find. Even after they collected 15 to 20 of our phone numbers and email addresses at the meeting when we were here and said they would talk to us. Instead, they keep going forward with the project. We came home to trees coming down in August, September, somewhere up in there. And we came home with the impact of the trees. They weren't little trees. The trees were breaking glasses in cabinets at the abutting homes when they came down. Then a quick pivot to 12-hour workdays and weekends because they knew they had to get parcel one constructed before anyone could stop them. That's no regard for us, or at least I should say that's the regard the developer has given us. So what I tell you is this is a Trojan horse. What they're filing versus what they're advertising is two different things. In the packets I gave you are a list of what they're filing and pictures from their websites of what they're advertising for. They're filing, say, school, daycare, some offices. Their advertising says retail space in the same building as the school, which is constructed, and a gas station and convenience store. I've submitted those advertisements you all have. That use is not mentioned. The convenience store use is not mentioned anywhere, not on the preliminary plats, not in the site data, not in the traffic study, not in any filing anyone has seen. So I call this a Trojan horse because you're going to approve something on paper and what gets built is unknown or something entirely different at this point. And your obligation is to require disclosure on intention of use. For nearly six months, I've been coming before this body and before the council telling you what was happening on the site without your approval. The staff will tell you they have a buy right to develop the property, and they do, but they got to do it within the code. They started the project knowing full well their intentions. They treated the ability to proceed with parcel one as a blank check to do whatever they wanted, and as fast as they could, hoping to create facts on the ground before anyone intervened. of buildings now erected on parcel one construction proceeded under the assumption this was a minor subdivision they were building a small montessori school the rest of their ambitions fit that it doesn't we're here parcel one alone is a school with retail in one building not to mention all the other violations that remain on the other parcels which my cut my friends will tell you about today if you approve this proposal is submitted that building will need to be corrected before it can be occupied because it can't be just kind of carved out on its own Your obligation is to uphold the UDO time courtesy not as a president, but there's a law. Thank you.

Thank you, ma'am Carrie Baker

Hi, I'm Carrie Baker, 1044 Harbor Bay Drive in Indian Land. I live in Overlook at Barber Rock. So thank you for meeting with us and having us join. I do want to address something specific we've already talked about today, and that's that we talk about parcel one and parcel two as separate and they are clearly not separate as we've discussed the plan has been all along for this to be one major subdivision and right now treating it now talking about parcel two using the information traffic etc from parcel one doesn't cut it This is clearly trying to circumvent what you're doing and what you're trying to accomplish by piecemealing, right? We're just getting pieces done at a time. So we just really want to identify that we understand growth happens. We wouldn't be where we are if growth hadn't happened because we're in a neighborhood that wasn't here when I moved to the Carolinas. So we understand growth, but we think it should be done right and properly with the neighbors in mind. so if you look at that plat that you've seen it shares parcel one and parcel two share a private road that serves the entire project that is clearly meant to be a single major subdivision or it would have separate roads that are private so i just really want to ask you to take a look at what they're doing in this parcel and really look at like you mentioned the tia it's covering parcel one but that's going to trickle down effect to parcel two we can't just take what's there for parcel one and say it applies to everything downstream so i just would really hope that you would take a look at this and I ask you to explicitly find tonight that parcel one and this minor or the sorry this major subdivision constitute a single unified development and no further approvals or permits should issue any parcel in the development unless the entire project is brought together into one and really looked at. so and then anything less is a deliberate strategy to circumvent what you're doing so you're going to hear more you're going to hear a lot but i just wanted to share that from my perspective and i appreciate that you're taking the time and listening to all points of view to make the right decision thank you thank you ma'am cody hinton

Good evening, Commissioners. My name is Cody Hinton, 4627 Kingswood Drive, Indian Land, South Carolina. I live in Overlook at Barber Rock. I want to tell you what it felt like today. They cleared the trees. Not what it looked like, but what it felt like. The ground shook. Our houses shook. We had to run outside and make sure our kids were inside from the backyards because limbs and debris were flying through the air without warning. Trees that had stood for decades came down as we were trying to get our kids inside. Those trees were a buffer, real trees. They were over 20 and 30 feet tall, gone in a few days without notice or warning. What the developer is proposing to replace them is an insult. What they're calling a buffer. The plat says type B buffer per UDO 7.1.5.B.2. That's all it says. No plant species, no planting scheduled, no density, no size and installation, nothing. I have photographs for the commission. Please look at them of a type B buffer currently installed in this area. What you're seeing is a walkable clearance space at the base, low ornamental shrubs and a very small, very young trees. That is their proposal. That's what replaces 30 year old hardwoods. The elevation, why this buffer cannot work. Now I need you to understand the physical reality of the site. The foundation of the building on parcel one sits nearly six feet higher than the abutting neighbor. Four to six feet of elevation advantage before a single wall goes up to the lowest point abutting our residents. These small trees will grow uphill from our homes, but they'll never reach the roofline of the building that already starts six feet above us. They will never block overhead light from fixtures mounted on the structures elevated above our rooflines. They'll never absorb noise projecting downward from the commercial site above us. Trees they cleared worked because of the elevation difference. Height and density on the high side created a real opacity, real cover over our homes. What is proposed now works in reverse. Every light fixture, every noise source, every line of sight from the elevated slab looks directly down into our backyards, our windows, and our children's play areas. A ground level type B buffer cannot screen a development that sits six feet above it. It's not an opinion, it's just geometry. What approval must require? If this commission moves forward, the buffer cannot be a label on a plat. It must be opaque, not in 15 years when saplings mature, but now. It must specify evergreen species, installation sizes, and density sufficient to provide immediate screening at and above the six-foot elevation differential. It must address light and noise, and the unauthorized connector in our neighborhood must be removed. So those standards are met in writing with real specification, but should not be approved time.

Thank you, sir.

Thomas Haskin.

Hmm. Good evening, commissioners. It's Thomas Hankinson at 6408 Ancient Way, Indian Land. On August 19th, 2024, a formal written complaint was submitted to Lancaster County. That complaint identified specifically every tree preservation requirement this developer was about to violate. The UDO sections were cited. The requirements were spelled out. The complaint was submitted before a single tree was removed from this property, before a single shovel of dirt was turned. The county received it, the developer had access to it. Then they removed the trees anyways. UDO 4.3.2L.2 requires at least three critical actions for any development. One, all required setbacks and buffer yards shall be used as tree preservation areas. Two, retention and protection of large trees as set forth in Chapter 7 of the UDO shall be required for all development. three all canopy trees greater than 24 inches in diameter shall be incorporated into the site plan these are not aspirational guidelines they are mandatory requirements stated in plain language with no discretionary language yet no setback or buffer yard was was currently is or is planned to be used for tree preservation countless numbers of large trees were removed in violation and this plan proposes to exterminate whatever is left The developer has not performed nor does it intend to perform a comprehensive tree survey. You do 7.1.2 goes further stating that preservation of existing trees is expected and that new development to the protection of trees should be creative in design and placement to preserve natural features. The trees on this site were natural features. The topography of this site that now leaves our neighborhood exposed is the topography the UDO required to be respected. Remember, all of this was formally submitted in August 2024 before any trees were removed. The developer ignored and intentionally violated the UDO. The county did not set up and enforce the UDO. The application does not intend to preserve what remains. It explicitly plans to remove it. Commissioners, I am not asking you to restore what has been destroyed. Those trees are gone. That cannot be undone. I am asking you to refuse to reward the destruction by approving a project that was built on the deliberate disregard of mandatory preservation requirements and that plans to continue that disregard going forward. Do not approve this application. Thank you.

Thank you, sir. And I apologize, when they moved your name, they didn't spell out your whole last name. Jared Calhoun.

Hello, I'm Jared Calhoun, 8535 Hope Run Court, Indian Land in the neighborhood. So good evening commissioners my name is Jared Calhoun there's a 154 foot tower cell tower on the property that's in question today you can see it from a mile down the road and now you can see it even better with the trees gone. A 154 foot tower has a fall radius of 154 feet that's within which if it were to fall debris would fall the udo has addressed this in section 5.11.5e it says any tower shall have a setback at a minimum of its full height of the property line the tower owner must control the entire fall zone through ownership lease or recorded easement the application creates property lines proposed for parcels five six and common area that are all within the fall zone height of the tower and simply aren't allowed. And the lease on file covers just 13% of the fall zone. That's not a minor paperwork gap. This is a violation of the initial building permit, a non-starter for the application to proceed. Now the developer wants to subdivide the parcel that contains that tower. The proposed subdivision would create at least three new property lines running through the uncontrolled fall zone. and it creates a liability of conflicts, potential danger for any future property owners or tenants. UDO sections 5.11.5b and 5.11.5k.1 also require that the tower camouflage itself to reflect the character of its surroundings and that existing vegetation be preserved or improved trees that surrounded this tower and screened it from the neighboring residential properties are mostly gone and the application wants to eliminate the little that is left the concealment and seeks to violate to even greater extent. The solution is not complicated. The subdivision should be redrawn so that the entire 154 foot fall zone radius sits within a single parcel that will not receive commercial development. That is what the UDO intended from the beginning. The tower owner must also have at least a recorded easement for the entire fall zone before any development on the site is eligible. Until then, this application cannot be approved. Thank you.

Thank you, sir. Joff Larson. And it might be Jeff, but I just like Joff.

Here.

looking at first yep yes sir my name is jeff larson i live at 2010 oliver terrace in the overlook at barber rock neighborhood good evening commissioners eight months ago i came before you to warn you about this project even though it wasn't even on the agenda well today it is this development has done everything it can to avoid your oversight and our public comments. So today, let's reckon. I'll start with something simple. It's not eligible to be before you today. In 2024, this developer filed a minor subdivision for parcel one. Recently, the county found that the lots on that were noncompliant and revoked their building permits. The developer filed a recombination and got new building permits based on that, but UDO 622B clearly states that for a recombination to be valid, the recorded plat shall say exempt pursuant Lancaster County UDO. It doesn't. and since the county ruled that the original minor subdivision proceeding it was not valid there's actually no currently valid subdivision that even creates parcel one that they keep working on so the new building permits are invalid all the drawings in the plan before you today are invalid and this application is incomplete but if you do choose to vote tonight consider the following melanie drive melanie lane is a driveway and a driveway can't connect the subdivision to barberville udo 641 h states that where a subdivision borders a thoroughfare no direct driveway access shall be is a driveway because in the d-book the county certified it private driveway the arms manual defines it as a driveway sc code of laws 56 defines it as a driveway and the county's own outside legal advice ruled that it's a driveway and not a street. Barberville is a thoroughfare because being classified as a road it' s defined as a thoroughfare in the UDO 6181H1 says no more than five lots may be accessed by a newly created private drive. This plan has eight lots. This is not a complicated rule. And yet here we are. This plan honestly is such an, you have a packet before you, it's such an encyclopedia of infractions that our group of lay neighbors on their own without any outside counsel or help has put together a dissertation on it for you. The Moody Group should, in this line of work, honestly be embarrassed. There's $10 million that have been committed so far, at least on public record, towards this project, and they can't hire an intern to just read the UDL. Best case, Hanlon's razor. But at least this time around, their application didn't label my backyard as the playground for their daycare, which they did originally. At the end of the day, they don't have to subdivide. No one ever told them they couldn't develop their land. They just had to do it within the UDO. We don't have a problem with reasonable development. We have a problem with this development. Thank you for your time.

Thank you, sir. Andrea Mazzulla or Mazzullo.

andrew mizzoula 8536 hope run court I also live in the overlook what is being passed out to you is a full list of all of the udo violations that this project violates you've heard about the history and bad faith of these developers from each of my neighbors who have already spoken but I wanted to quickly summarize them for you So one, there's no compliant minor subdivision here. This application is incomplete and cannot legally come before you tonight. Two, Melanie Drive cannot connect to Barberville Road. As Jeff just said, it prohibits direct driveway access from subdivisions, lots, to a thoroughfare. Melanie Drive is legally certified as a driveway. Three Melanie drive serves too many lots. No variance has been sought and private drive can only have a maximum of five lots and this has eight lots. for multiple parcels cannot legally be created udl 143 b4 requires all lots to front a street right-of-way the county's own legal opinion confirms melanie drive is not a street parcels two three four and the common area cannot be illegally created as drawn five no buildings may be erected on parcels two three or four because they cannot front a street no exceptions under the udl apply three of eight proposed slots are legally unbuildable. Six, the cell phone tower fall zone is uncontrolled and runs through proposed property lines. There must be 154 foot fall zone radius. Seven, the mandatory tree Reservation requirements were violated a formal complaint documenting this in full with citations with submitted to the county in August 2024 The developer had that complaint and they removed the trees anyway and ate the traffic impact analysis is expired It was only written for the current building that is being put up now and not taken into account the entire lot So in good faith, I don't know how anyone could approve this tonight. Um, and if it is, or if it is disapproved, the county should keep an eye on them because they will do whatever they want anyway, and they will go behind your back and do it. So we hope that if it's disapproved that somebody keeps an eye on it, we will be writing the county as much as needed in writing so that it's all documented if we need to go to legal. Thank you.

Thank you, ma'am. Shannon Haskinson.

Good evening. Shannon Hankinson, resident 6408 Ancient Way, also in the Overlook at Barber Rock community. I need to say something that gets lost in the legal arguments and it really matters. The overlook at Barber Rock was not designed to be annexed by a commercial subdivision. It was not built as a buffer zone between a business park and the next residential development. It was built as a community of single family homes for families who made a deliberate choice to purchase property here under a specific set of expectations about what this place would remain. We knew that there was commercial zoning adjacent to our neighborhood, and we accepted that. What we don't accept, what was never part of the proposition when we signed our papers, was long-term living with traffic, impacts to the traffic access to our homes, and the overflow parking that will happen in our neighborhood. With the stripping of the tree barrier and the light buffer, that is not development adjacent to a neighborhood. That is development into a neighborhood. Our property directly butts up to this development. If this development proceeds, you'll be looking right into our house. The intentions of this developer and the intentions of the families who live here are fundamentally different. We intend to live here quietly, safely, in the community we chose and paid for. The developer intends to extract value from a piece of land by whatever means this commission allows and move on. It is this Commission's job not to split the difference between those two intentions, but to enforce the law as written to protect one from the other. Thank you.

Thank you, ma'am. Jerry Carter.

Good evening, commissioners. My name is Jerry Carter. I live at 4621 Kingswood Drive in the overlook at Barber Rock. You just heard about who we are and what we signed up for when we bought our homes here. I want to talk to you about what this corner can actually absorb because the answer is not this. The intersection of Barberville Road and Highway 160 currently operates at level of service E, which is near failure. The developer's own traffic impact study projects it will reach level of service F, full failure. even if nothing new is ever built here. That is not a future projection, that is our daily life. We sit at a cross street tempered by a light every morning to get out of our neighborhood. We watch backups snake past our entrance and take our lives in our hands with cars flying back and forth from Fort Mill Highway down Barberville Road. The sight line there may be adequate for the speed limit, But with the actual driving behaviors here and exasperated by low-light scenarios, it's quite a dangerous point. We have watched accidents at that signal with the regularity that comes when a two-lane road is being asked to do the work of a four-lane road. Barberville Road has no adequate dedicated turn lanes for this development. No right turn deceleration lane for traffic entering the site. No northbound left turn lane adequate for commercial volume. And we have sadly witnessed neighbors hit head on trying to turn into the neighborhood with numerous cars running off the road and into our buffers on Barberville Road. The TIA, three years expired and past its horizon years, acknowledges that fixing this intersection to an acceptable level of service requires adding through lanes on SC160 itself. Those lanes do not exist. There is no commitment to build them and no funding identified. So who pays? We do, every day, in an intersection and on roads that are failing. commissioners this is not a unique situation is the story lancaster county council has been confronting over and over RESIDENTS URGED A MORATORIUM IN FEBRUARY OF 2025 BECAUSE ROADS AND EMERGENCY SERVICES COULD NOT KEEP PACE WITH DEVELOPMENT. A COMMUTE THAT USED TO TAKE 12 MINUTES NOW TAKES CLOSE TO AN HOUR. IN OCTOBER 2025, COUNTY COUNCIL VOTED UNANIMOUSLY TO ENACT A DEVELOPMENT MORATORIUM IN INDIANLAND BECAUSE GROWTH HAD OUTPACED ROADS, UTILITIES, SCHOOLS AND EMERGENCY SERVICES. THIS PANHANDLE HAS GROWN 476% SINCE 2000. Just weeks ago, Councilmember Graham voted to deny a development on a strained corridor because a fire station had been identified but not built, and he could not add more to a road where a charter school, apartments, and residential growth were all converging at once. That is this corner right now, tonight. The fire marshal on this application gave only conditional approval. A gas station and convenience store advertised publicly absent from the filings means 24-hour traffic. Thank you.

Thank you sir. Charles Anthony.

Hi, my name is Charles Anthony. I live at 6401 Ancient Way in Indian Land and overlook at Barber Rock. I am an attorney, but I do not represent anyone other than myself in this matter. If the Planning Commission approves this proposal, it seems well-suited for review by the Circuit Court. There are countless ways this proposal does not comply with the UDO, and those are now in the record because of what my neighbors have submitted to you all today. Were you to approve the proposal and that decision to be reviewed by the circuit court, that record is what the court would review. The standard against which the court would review that record was clearly discussed in the recent April 2026 case, Alliance to Preserve the Old White Horse Corridor out of Greenville County. The standard is that any evidence standard where the court will give deference to you all in your decision if there is any evidence in the record that the decision complies to the UDO. With the Planning Commission to approve the application here, we'd be making the same mistake that your counterparts in Greenville County made in that old Whitehorse Corridor case, approving a plan for which evidence of how it meets the development regulation is lacking. One example of that out of many is found at UDO 143B4, which states that except in very specific circumstances not relevant here, lots shall front upon a street right of way. The proposal here includes a street, you may say, Melanie Drive or Lane, whatever you call it. Well, by the definitions in the law, Melanie Drive is not a street. It is a private 50-foot right of way. That's not my opinion. That's the legal interpretation that was provided by Mr. DuBose of the Smith Robinson Law Firm to the county attorney and the planning director in September. Mr. DuBose said, and I quote, no new street is being created. and quote, Melanie Lane is denominated as a private 50 foot right of way, so it is not a street. Staff confirmed that today, calling it a private drive. While counties are allowed to change their minds and interpretations, those changes must be supported by evidence of which there is none in the record. Because Melanie Lane is not a street, parcels two, three, four, and the common area proposed here do not front a street right of way and do not comply with the UDO. Further, because the HDO applies, UDO 432F1 states all buildings shall front onto a private or public street or shared frontage line with a square or other similar common open space. So not only do those parcels violate the UDO by not fronting a street, even if they could be approved, no buildings could be built on them because those buildings would also not front a street. You might say they could just park there. Well, that's not allowed either because the zoning is NB. In short, there is no evidence that the plan meets all of the requirements of the UDO, and a finding otherwise by this commission would be ripe for review and reversal by the circuit court. We don't have to bet 1,000% the neighbors don't, but the plan does. It has to meet the requirements. Thank you.

Thank you, sir. Ann Goebel.

Good evening. My name is Anne Gable. I live at 2002 Oliver Terrace in Indian Land at the Overlook. I am coming to you as You came and visited the development. Mine is the house that abuts right next to it. And the exact problems that we warned this commission about two years ago have now come to life. I bought and built my house in a peaceful residential development on a two-lane road, not in a busy mixed-use development with constant traffic, but here we are. If I wanted that, I would be living in South End or Plaza Midwood. Residential construction and commercial construction are vastly different processes. I know because I work in the construction industry for new commercial builds. We lived through all the homes being built in the overlook and it wasn't nearly as disruptive as this one building so far. The peace and enjoyment of my home has been greatly affected, especially when I'm trying to work. The development has caused constant interruption to the neighborhood and surrounding area. From the never ending grading, road work, construction, vibration and noise, it's been awful to live through. The vibration from the construction was so bad at my house that it broke dishes inside my cabinets. I have concerns about what that did to my and my neighbors foundations and this is only one building so far there is constant styrofoam and other construction debris falling into my yard that I have to pick up because they built right at the very edge of the property with little to no setback separating us you think pollen is bad once a year should have to deal with the amount of dust and dirt in my home and my AC unit that is facing this development again only one building so far. One fun experience was when the county decided to tie this development sewer and stormwater line into ours. That whole experience was unexpected as we had no notice at all until the digging began. There was a loud backhoe trenching a massive hole right outside my window in my office, right in my front yard for days. They dug up our grass in the cul-de-sac and now there's a vent pipe sticking up high in our common area. if the overlooks landscapers accidentally hit it are we the residents on the hook for repairs why is that on our property there was no other place to tie this in or was it just easier for the county and the development to tie it in as going elsewhere would have cost more and taken more time where did the previous owner of this land tie into their storm water and sewer i can't go outside and enjoy my backyard because i am totally exposed to the road noise and this new development directly next to me we must keep our blinds closed on that side of the house both upstairs and down because this building is so close and so towering over my own they can see right into our homes and we can see right into their building and as we warned previously once this building is completed the lights from the property will shine right into my windows they already do from the vehicles on site from building i could go on but time limits stop me from giving more examples thank you thank you um

Yeah, this concludes all of the citizens who were assigned to speak, so we will now consider ourselves out of public hearing. Commissioners, we have before us case number SD 20260834 Melanie Lane, Barberville Commercial.

Madam Chair, I do believe that the applicant has a rebuttal.

Oh, I'm sorry. Please forgive me. Yes, sir. Does the applicant have anything they'd like to say?

I apologize. Thank you. We certainly understand the frustrations of the folks who have spoken today.

Honestly,

i understand the i understand the issues that folks are concerned about as a developer and as a planning commission all we can do is comply with the rules that are adopted by the county all we can do is comply with the udo That's what we have striven to do from the beginning. That's what we think we have done. There have been a lot of accusations made about violations of the UDO. I'll suggest to you that none of what is handed up to you is evidence of a violation. The county attorney would not let staff allow violations of the codes of this county go ignored. We have complied at every turn when we have been informed of any issues. We have engineers who have studied the code and have designed this project in a way that does, in fact, comply with the code. The development of property does involve disruption. I'm sorry that's the reality, but that is what happens. folks who moved in this neighborhood they could see if they look at the at the zoning map that this parcel has been zoned for commercial use for years and the intent of the county the long-range plan the comprehensive plan that this property in this area be developed in a way consistent with neighborhood commercial that's exactly what my client is doing they're not building a large-scale commercial STRIP MALL OR ANYTHING LIKE THAT, IT'S A SMALL NEIGHBORHOOD GENERAL BUSINESS KIND OF A DEVELOPMENT. AND WHILE WE DON'T KNOW EXACTLY WHAT THE USES ARE, THE COUNTY DOES KNOW WHAT THE USES ARE. AND THERE ARE ALLOWED USES UNDER NEIGHBORHOOD COMMERCIAL AND GENERAL BUSINESS. AND IF PEOPLE DON'T LIKE WHAT THEY CAN, WHAT THE COUNTY WILL ALLOW IN A PARTICULAR ZONING CODE, THEY ARE MORE THAN FREE TO COME TO COUNTY COUNCIL AND AMEND THAT CODE TO CHANGE THOSE ALLOWED USES. But that's what the comprehensive planning process is all about. It's about looking to the future and how do we as a community want this area to be developed. And that's reflected in the zoning code, and that's reflected in the UDO, and that's all we have to go by. So we have, in fact, complied with the UDO. The buffers comply with the UDO. DOT agrees that what we have done so far is in compliance and there are turn lanes that will account for any increased traffic. The trees, if there had been a violation of the tree code, I guarantee you staff would have been all over my client and would have shut them down. That didn't happen. And unfortunately, when you develop a site, you're gonna have to clear some trees. And that's in fact what happened. I'm sorry that that doesn't comply with what people expect to see when they move into a neighborhood next to an undeveloped parcel. This parcel is going to be developed in a commercial way. That's what the county is intended to. And that's all we are doing in this instance. So this has not been the perfect development. project there have been concerns along the way there's been confusion along the way there has been change of staff along the way there's been changes in interpretation of the code along the way but every step along the way my client has done what the county has asked of it and and we're here today because in all fairness we're just asking to be allowed to do the the project that that fits the code and that the county up to this point has said would be appropriate. You look at the TRC review, the county engineer approves it, the water and sewer district approves it, DOT approves it, 911 approves it, the fire marshal has tentatively approved it. This question about private drive versus a private road, Upon the approval of the subdivision plan, this will become a private road that will in fact comply with the UDO. This is not just a driveway. It is designed to comply with the road construction standards the county has adopted. And this is not an unusual process. Whenever you go through a subdivision approval and you're going to create private roads within a parcel, This is how it's typically done. There's been a lot thrown at you and all I can say really in summary is we have complied with the UDO at every turn. If we hadn't, I'm sure that zoning staff or the county attorney would have told us.

Thank you. They've been monitoring us and we've tried to comply every step of the way and tried to work with the county doing what we feel would be acceptable. And I just wanna say for the record, we don't have anything going into the neighboring property. That was one of the comments. I've heard several comments that I can't even recall to rebuttal, but I think he covered most of it. We've tried to line ourselves up with what the allowed uses are. Anything that has to come through here will have to go through approval process. It'll have to meet the TIA requirements. All we're doing now is subdividing, literally, the plot that we have. So that's all, unless you have questions.

Okay, yes, thank you. So now, commissioners, we have before us item number SD-2026-0834, Melanie Lane Barberville Commercial. Do I hear a motion?

Just for the sake of getting it on the floor for discussion, I make a motion to approve.

I'll second it. Thank you. So is there any discussion or comments?

Yes. Thank you. okay so i want to start um by saying to please bear with me i have a lot of notes to go through this is in my district um so this one is kind of heavy for me because it's been brought up by the history's been brought up by the applicant um I think we can speak to some of this. A lot has transpired around this project. I think I have to start by stating the last time in 2024 when it was brought to us, we unanimously denied it. I specifically brought up Two things that I thought did not, for me, it didn't meet the UDO. Specifically, it wasn't compatible due to the impact of traffic that it brought. But specifically, it also didn't meet the UDO highway corridor requirements at that time with the plan that was presented. So when a project comes back up and is brought to us, I look at two things. Is it a whole new project coming to us from the same applicant? Is it a whole fresh start? Or are they bringing back something similar? If it is similar, are they looking at our past comments? Are they looking at our previous concerns? And are they trying to trying to remedy those, trying to better those comments. And so when I'm looking at this with fresh eyes, I didn't look at the past project. I looked at what was in my packet for this one. And unfortunately, with those things from having the past with it, I'm looking specifically for the things that I brought up. And were those things considered and looked at? And were improvements made? you know, unfortunately, I didn't see those. So I brought up earlier my question to staff regarding the TIA, and I had concerns of why now if we're looking at this as a whole, because this is a master plan, preliminary plan brought before us for the whole site, we should look at the whole TIA. If they're going to give a TIA, let's look at the entire thing because what we're getting from that, those improvements and recommendations, if you're looking at uses for every parcel, those requirements would be grander. So then I took it. A step further, and I looked again at our UDO to refresh myself on the highway corridor overlay. And I want to actually read from 4.3.2 of our UDO. um bear with me for a second this is the purpose and intent of this overlay the highway corridor overlay district has established to preserve and enhance corridors that serve as major gateways leading to from and within lancaster county As both commercial and residential land uses exist along such corridors, there is a desire for residents of Lancaster County to provide standards relative to connectivity, aesthetic appearances, and safety along gateways. The land use recommendations and design requirements contained within the highway corridor overlay district are the result of a community-wide effort. As such, the intent of this district is to provide unified land development regulations that promote a sense of place, create consistency along significant corridors by improving the visual character of adjacent development. So taking that in mind, when I'm looking back through the HOA, I'm sorry, not the HOA, the HCO, it doesn't meet that. Specifically, we're getting into what those additional requirements are. And again, we're looking at this as a whole project, not a la carte parcels. So it even states... that you have to have um additional enhanced comments common areas so i saw on your plans where you have setback lines where you're at least have that called out you have the highway corridor on the plan but you didn't take it a step further to explain how you're actually meeting those requirements of that overlay on your plans which is what i was looking for so actually meeting each requirement. So the code states that it's the entire development's gross floor area over 40,000 square feet. From my calculations, which I got what was publicly provided on your website, each parcel could potentially be 20 to 30,000 square feet of retail use. That would be well above the you know combined gross floor area requirement which meant i should it was within means to look for those requirements and i didn't see that so Part of that requirement would include the commercial development to have a minimum of a 500 square foot area. It can be a pocket park, think a playground, something that connects for pedestrians to use on the site. So I was looking for that. I didn't see that. So for me, it doesn't meet the UDO. Additionally, if you look, Also in the HCO, Appendix B shows a street cross-section that includes an eight-foot multi-use path, which would be on the main thoroughfares, not just within the community, that I didn't see on the plan. So the entire purpose of the highway corridor is for connectivity within the community and to grow connectivities within spaces. So I was looking for that, and I didn't see it. This project is really hard because there is a lot of history, but when I'm looking at what was presented today, it still did not meet the UDO for me for those reasons. Additionally, with all that's happened, I'm also struggling that we as a commission How do I say this? It seems like this was brought to us to kind of just rubber stamp it and push it along. And I do not want us to set any precedents that we're willing to do that. We have to look at each thing separately without pressure feeling regardless of why things have happened in the past and what got us here to today. We should not feel like we're forced to just sign something to get it on to the next step. That's not our role to fix mistakes that we didn't make. Other people should take responsibility where that is due and fixing their messes. I know that I rambled on and on. That is a lot. But I think that I covered it. I might have left something out and I'll pipe back up. But thank you.

If the applicants would like to come back up, I have some questions for you to answer.

appreciate your feedback and we definitely did not bring this up to rubber stamp we have been pushed back at every every angle and the first the first hearing that we had we were not denied we were deferred so we had we were supposed to go back and look at because we were trying to work with what the county told us to do on the how we were supposed to address each of those so we did that we don't and we are not interpreters of the UDO we require direction from everyone else is that we abided by that. And when we when we were told, I think Allison Harden at the time came up and stopped the entire process before you guys actually denied it because it was had to be based on a code at the time. And I know Alice is no longer here and everyone else isn't here. So when I learned that, I went back and tried to hire counsel to figure out what what we needed to do. So, go ahead, sorry.

That's okay, it's just that we're beating a dead horse over something like this.

Can I say one more thing? But, ma'am, so when you said that 20,000 or 30,000 square feet, on our marketing plan, if you look at any marketing plan in Lancaster County or anywhere else, our goal is to try to sell one of those parcels. And so we have it marketed with a C-store or a retail. Because the C-store, we weren't able to get anything on that C-store because of the way the diagram was setting up on that corner. So we replaced it, but there's no way we would get, there's a quarter acre in the back, a .5 acre beside the BMP pond. We could barely get 5,000 square feet on that. So there's not 20 to 30,000. I just wanted to make sure.

Thank you for clarifying. It's the gross area though. So for all parcels added up, which even, you know, using the information that you supplied on your website is well above that. The proposed uses.

You're saying that that's well above the... We need to wrap it up. Thank you.

I'm not looking for an argument. I don't want to give you one. We're just trying to make sure we answer everything.

My question is about Melanie Drive. Like I said, I've been in the developed business for almost 40 years, so I understand what's going on here. My question to you is, is your first order of business, if this passes, shouldn't your first order of business be to get Melanie Lane in so that you do have a proper lane and everything before you try to sell any of the other parcels? I did not see that explicitly anywhere on the drawing, so that was my question for that. That is one of the first order of businesses is you got to have the road or else as many people have said, then you don't meet the requirements because you'll have to forgive me. I'm at the age where it's glasses on, glasses off. I see you're doing it too. Let's see. also um i am and i've looked at some of the drawings and everything like that so i i think you technically per the the highway corridor do have um an appropriate size set back there on the north and west sides of the the upper property which does a butt to the neighborhood but with those grade changes there how are you going to get in a proper buffer to shield those houses? I mean, I came down Barberville Road from north to south and the building that's there is like a giant castle standing up above everything else. So I understand the citizens concerned. I mean, everything in that first building is just looking right down on their houses. So, I mean, you're going to, you know, you'd have to put in 40-foot tall trees to give any type of buffer. What are you going to do in that little tiny zone to try to help properly buffer this commercial development from the residential development beside it?

Thank you. We offered through the county planners, we offered to add intensive understory trees or upperstory trees within that buffer area and to add a fence at our cost. That's what we offered through the county planning conversations. prior to meeting.

There's I mean that's you're talking 10-15 years before it actually gives any buffer to those houses.

Yeah I mean we well we could do the fence we just can't you know we built on the perimeter that we were supposed to build on and we couldn't we can't save trees those are required to come off because they disturb the roots and they'll end up falling on the houses or something like that so we we had to do our necessary work on those perimeters and the one home that's sitting there, Ms. Anne's home, is right, you know, it's a cluster development that was done, and it's sitting right there. The other homes have a little bit more buffer, but Anne's is right there. And I get it. I just, you know. All right.

And then, as Commissioner Tickenberg talked about, is that with the highway overlay corridor, it is that your common area and stuff is supposed to be for the whole gross development, not on a per lot basis. You show on the plan that your BMP and the cell phone tower is your common open space, but those things, those don't qualify as common Sorry, wrong stack of papers. Those don't qualify as common open space because there's going to be a fence around the cell phone. You've got to have access to get from Melanie Lane to the cell phone tower and also to have access to do routine maintenance to the sediment pond. So then all of a sudden, out of that whole area that you have marked as common open space, maybe, what, 10%, 15% of it might actually be common open space, which doesn't meet the requirements of the highway code. corridor. So how are you going to address that?

So did we use the BMP as extra calculations in the open space? So I mean, we could just add additional open space to meet that requirement. We sold the cell tower immediately because we had somebody that wanted to buy that cell tower, but all we have to do is have an easement to the road. So we were having a fence around it that we were going to make pretty or whatever. And we do plan on doing benches or bicycle stuff. We have an owl in my logo that we were planning on doing something. for sitting areas or walking, you know, but I didn't put it on the plan. I didn't know that we needed to have it on the plan. For a subdivision. For a subdivision, yeah.

Well, it's only because it's in the highway corridor. So the highway corridor says that it has to be for the whole subdivision. It can't be created on a per lot basis. It's supposed to be for the whole thing. Am I correct? Okay. This is for the preliminary plan. Yep. Yeah. Oh, that's what I'm asking. Making sure that all of that is going to get included in there. Well, no offense, but we've had other developers come in here and say things, and we voted on it, and then they've gone and done something different. So you can understand our hesitation. So that's why I'm asking the questions now. I am, I am also not satisfied with the, with the TIA. I don't think it was adequate when it was, was just, um, the upper parcel, especially with everyone's repeatedly said that first building there is it as 120 student daycare. So you're talking a hundred plus cars probably at pickup and drop off and how you can say that's not going to back out onto Barberville road when there's not, you know, when the roads, you know, So, like I said, I've been disagreeing with that. And we actually did vote on this. It was actually my first month on this board in July of 2024, and we did vote on it and turn it down unanimously, one of the previous iterations.

So, I was under the impression that they stopped the planning because there was fear that if it was voted down, we would, you know, try to figure out what it was and hire an attorney. But I don't, honestly.

This is the fourth time this projects come up since i've been on this board so it's in some sometimes it, it has been tabled or deferred before it got to the actual meeting, but I mean it has come up multiple times, so you might be thinking of one of those. Does anybody else i've still got other questions, but I will let somebody else.

yeah i um oh sure of course yes thank you so it i know you mentioned that when you when it gets converted to a major subdivision this will go from a driveway to a road why then are we excluding parcel one from this plat and from the subdivision for consideration why is it actually excluded from are we being asked to exclude that from any consideration

because we ended up, we had a minor subdivision for that whole area that had four lots. So we had that approved, recorded, and then we were told that it wasn't done correctly, that they had given us information that was incorrect. So we went back and changed it to a flag lot. had that approved and filed, and then it came back as still incorrect, and so we had to go back in and correct it again, and the only way to correct it was to create just the one building. So then we gave up the other three out parcels to put into a major subdivision to address all these, all the other questions with the major subdivision. So that one was already approved and set aside. So in the study that was done originally was for all four of those parcels for the TIA, and it was three years old, but it wasn't three years old when we started it. And then we went back and started the TIA again, which we have geared up and ready. Like I said, we've been in communication and are working with the DOT, the Lancaster Water and Sewer Division. We're adding... additional work were there for the sewer. But anyway.

Okay. Thank you. So one of my other questions is I saw on the buffer and I know by UDO you can choose a 10-foot or 20-foot buffer. With the concerns that are going on with the for the rest of the community. Have you considered changing that from option two to option one where you're putting in a 20 foot buffer and identifying the trees that you're putting in to give more mature screening and actually allow some beautification of the experience for the community around it?

We can hear you.

There's a slide that actually shows the buffers. slide, option two is actually the more dense one that creates thicker screening. It will have a less understory tree or less larger trees, but the density of the shrubs grown up over time will create a very, very dense screening. Whereas option one is more spread out, which it would take much longer to create that dense

Option two, you're creating a denser but narrower screen. Yes. Right. Have you considered expanding that, the width of that screening?

Same density, just width.

Right.

I think that takes it into a different type of buffer.

Okay, I understand. Yeah, certainly from a compliance perspective, that was more of a...

And I wanted to address that too, because I think we would have done what we were asked to do, but we'd already drawn the plans, we'd already gone through the process, even had a building permit, So it was a little hard to go back and change. That's why I said I'll be happy to add a fence. If I can add a private sea fence now for a while until the trees grow. If I can add some other level tree where, because I think we can only, because of the roots, we can only do so much and hide. But what can we do with what we have to work with?

Thank you. Just a couple more, if that's okay. A few of the citizens mentioned this as well, and I had this in my notes. How are you handling the fall area for the cell tower? Because it does go into those lots.

We did a survey. So when we first bought the property as a part of our due diligence, we bought a survey, and there's something called a fall zone. So on the survey and on the site plan, you see that drawn out. We cannot build anything that, any kind of structure within that falls out. So that's how we address it. We can't, some of that property is not, we can't utilize it.

Okay, thank you. And I just have one other question. For the, because that intersection, I'm sure you know, as everyone in here knows, that intersection is very saturated today. It was three years ago they said it was going to come. I think one of the gentlemen said it was Loss E, we're gonna become Loss F. It may be today. And I think I heard you say that you're in the process of getting an updated TIA, is that correct?

We are.

We have everything that we need, but we weren't required to turn it in today. So what we are looking at is more road work on the 160 or turn lane into the side and deceleration. So that's what we're kind of looking at already, but we didn't want to... everything that we, it's just we're the first part of the process that we have to go through. And so we've worked with, and we know the traffic is crazy there, but we have to, because when we first did the TIA, the numbers were a third of what they are now. So we have to address that before we can continue development. Once we put that road in, that's part of what we have to do

So is there sequencing for that? Are you looking to put that turn lane in before you actually put, to improve Melody Lane, before you build? Melody Lane will give us a permit for any other project in that site we have to put in a turn lane. Okay, so there is sequencing for the building.

We can't get CO without addressing the traffic.

Great. Thank you. Yes.

Yes, so my thank you because that was what I was going to ask about the traffic at that corner what we're going to be the next steps, but I guess I'm I am. You know we talked about this last time, but just. having information to make good decisions from wherever the information needs to come from and not having to go back and forth so we have to fight through all the muckety-muck to tell our neighbors what how we make a decision is my goal. And that did not happen on this one because I remember at the sheriff's office when Commissioner Tinkenberg had to bring out her urban planning degree and tell me about buffers and how things get shaded and how the neighborhood, you know, what all the stuff meant in the UDO. which i definitely appreciate um but you know i i don't know how we got here but i'm i'm just not i'm not comfortable with where we are and not not sure that i can make a a decision uh in approving this going forward so that's all i got any other comments or questions

I would be interested in knowing why you didn't communicate with the neighbors.

Well, I've often wondered why didn't I go back and try to communicate because there were a few calls that I had with Ann and someone else when we first started this process. We talked to her and I said, if there's anything I can do, I'll send you an email back. to keep you in the loop of what we're doing. They were concerned we were gonna put a road through. I said, we can only do what the county allows us to do. We're not putting a road through. I don't know what house we would be able to tear down to put a road. We're not doing that. And there were a couple other points that she asked about the trees. They were concerned about the trees coming down. And I said, well, that's gonna be dictated by someone else. We are just going forward on an intersection that has a lit intersection. Commercial development is supposed to be allowed there. We had a by-right uses that we were just trying to, we really only wanted to do the Montessori school when we started, and then we combined everything because we thought we would be doing the right thing, but because we had shared BMP pond, we had a road that was gonna go through, so we thought instead of doing it separately, we would put it together and just put it all through, and then when all this stuff started happening, it just put us in a pickle, and I have people that have invested two and a half years of their lives and finances on this, and I know that you haven't met them, but to me, they're, you know, That's why we didn't go back to the neighbors. I didn't want to go back to the neighbors because I didn't know how to address the neighbors without it coming back. If it were a zoning, I had certain perimeters I knew what to say, I knew what we were bringing, I knew to bring my attorney. But then I'm hearing them tonight and there's so many things I thought, wow. In a way, I feel for them so much. I just don't, you know, we're trying to do what they did. They bought their homes and they built their homes. Well, we had a commercial subdivision for two people and we set out to develop that subdivision in the way that we were told we could. And we've abided by what the UDO has asked us to abide by. If it was incorrect, we were not the ones that interpreted that. And so we did everything we were told to do. Now, we're in a really bad pickle. We have so many issues that we don't get this pushed through because, and we'll work with them going forward if we need to. We can set up a meeting. I'm not, I keep being referred to as a developer, but I'm a small-scale developer. that I can just hold on and do this stuff for years and years and years. And it has cost me a lot of money. And there were comments about, why didn't you hire somebody to interpret the UDO? Well, we did. We are paying the county to interpret the UDO for us and give us feedback. And we followed that feedback.

um anyway all right i have one i have one follow-up question just and it's just because something you just said because this was actually a bone and condensed contingent on the original one is that um and it was my understanding that in um scdot was very much against there being an entrance off of 160 in this development but you just implied it might eventually go through and i was like

So there have been, with SUDUT, there have been three versions of what can happen. For us, it will not work if all the traffic is going on to Barberville. It won't. The neighbors will really hate us. So we have a thoroughfare plan for the Highway 160. The road is widened enough to do it. We have to do maybe a little deceleration lane to pull the traffic off. so that you have an in and out for the fire department, for us, and DOT has told us we could only have a right in, right out, and then it went from that to we can do a full service, we have to make an access point to the neighbors. Now it's come, most recently, we have to now get an easement from the neighbors so we can share the driveway with the neighbor to create a mutual drive that we will share Which neighbor? To the right, Dennis. The next property over. The next property over. Okay. Yeah, I'm sorry. Yeah, so, you know, but we've, again, we will do, we're trying to do the right thing and follow the guidelines and we've, you know, so.

Thank you. You're welcome. Any more questions? I think we have... enough thank you so much we appreciate your um responses okay so we have before us let me get the right piece of paper um item number sd 2026 0834 melanie lane barberville commercial um may i have a roll call vote richard crandall

Denied.

Lynette Henson. Denied. Yoki McHurton. Denied. Judiana Tinklenburg. Against. Michelle Richards.

My heart tells me to deny it, but technically off of everything they've done and everything they said, it does, in my opinion, meet that, so I am voting for.

Madam Chairperson, just so the record is correct, for this preliminary plat, your choices are to approve because it meets the requirements, or deny with a specific ordinance violation and evidence of same. So all of you, the motion that was on the floor was to approve, so everyone was against approval except yourself. So the motion to approve has failed, so now we have to go back, we're going to have to do a denial, and it has to cite the ordinance violations with the evidence.

You didn't call my name. Oh, sorry.

I thought she was finished. Sorry about that. Sheila Hansen denied.

We all heard what the County attorney said, so some people please go through their notes and give a specific ordinance.

We'll need someone to make a motion to deny now with. The reason citing the ordinance and the evidence that establishes it.

So somebody tell me what the ordinance is and make the motion to deny.

So we need a motion to deny.

You're making a motion to deny and deciding the ordinance.

Making a motion to deny based on not meeting the UDO from 4.3.2 and Appendix B.

So now I need a second of that motion. I'll second it. All right. Ms. County Attorney, please tell us where we go from here because this is outside my normal purpose.

It's a motion and a second, so now you have discussion.

All right. So we have the motion before us to deny this based on section, repeat those numbers to me again.

4.3.2A and Appendix B.

So do we have any discussion or questions on this?

That was actually the same reason for mine, was the highway corridor requirements. I think most of the other stuff hasn't been addressed according to the EEOs, or as it may be, to your point. That was the one that I couldn't find an answer to, was that it doesn't meet the issue requirements.

All right, so we need to put this up for a vote now. All right, so we have before us item number SD20260834, Melanie Lane, Barberville Commercial. a vote to deny this preliminary plat because the preliminary plat is at the final decision of the planning board and is not referred up to council based on the sections that Commissioner Gignana cited from the UDO and Appendix B. So roll call vote. Richard Crandall. Well, actually, You're approving the denial, so yes.

I apologize, I approve the denial.

Yes. Lynette Henson. Approval to deny. Yukima Kirtan. For. Judy Anna Tinklenburg. For. Sheila Henson.

For.

Michelle Richards. Against.

So motion to deny passes. to the math, five, two, one. I would like to see a motion to have a brief five-minute recess. We've been sitting here an hour.

Can I ask a really quick question? How do you decide which order you go in? Because every time we vote, it's a totally different order. So I'm so confused about how you do that. You don't do it in district order. You don't do it in seat order. How does that work?

typically just go by however I wrote it on here but if you'd like a specific way I can do that oh no I'm just I'm just curious thank you have a motion for a five-minute recess motion for recess second all in favor so we will have a five-minute recess because I need to stand up for a minute

The thing that got me, I didn't say anything because I was nervous.

Go for it. That's scary. I do too. Okay.

Oh, no. Those are extras. All of those are extras.

I want this one.

I do want it. Yes, I do. Thank you.

Oh, yeah, I'm fine.

Thank you. Yes, I do want this one. Thank you for asking. Yeah, I don't know. I'm just glad.

Those are the size of a Skittle.

That's messed up. So the thing is, I've got to call my daughter. She needs to arrive to the pharmacy.

Thank you. I got to get my camera. Thank you. you Thank you. so you Thank you. Thank you. Thank you.

Okay. Can I take your stack? No. Oh, I was looking for that. That's fine, okay, so she'll bring it back. Okay, hopefully. I was like that felt lighter. Okay.

Get back on my little stool.

I wasn't hungry till I smelled your sandwich. You want honey? I wasn't hungry till I smelled your sandwich.

Did you get one tonight? Delicious.

I got one earlier, but like I said. Okay. All right. You're used. Right? Where's the top and where's the bottom?

Okay.

Look, we've gone through approving the minutes in the first item, and this is what we're done with. No, no, this pile's very small.

Okay. Where's Lynette?

I don't know. It's eight o'clock. If you would please. And where's Maura? We can't see. I know. All right.

Yes.

April. Yes, interim. So she's just until. Well, where's Mara? We've lost Lynette and Mara. So that's what I just said.

There's one.

We're waiting on the clerk. Thank you. That was the wrong word. Okay, that's right. She was making copies.

That's amazing.

All right. All right. We're just waiting. This one's mine.

Waiting on Maura to come back. Bless you, my child. I was a single parent. I was a single parent for one and I barely survived it. I don't know how. Everybody knows. She's making copies. There she is. You were holding up the whole show. I'm just teasing you. All right, you ready? We're back from restarting a commotion to come back from recess or to come back from recess. Thank you. All right. So we now have before us item number two, SD 2023-0867 Catawba Ridge.

All right. Good evening, members of the Planning Commission. We're here at Okay, it's okay, Mark. So this project site is located along Great Falls Highway and Catawba Roads Boulevard. The intent is to construct a residential community of 1,490 lots. It is part of PDD 2, the Bear Creek development. To the north of this site is the existing True Homes portion of PDD 2, just for reference. Now the left hand side of the slide is the proposed preliminary plant for contender and that this is in 1490 lots over 840 acres proposing 168 acres of open space and the roads and to be privately maintained. The top chart on the slide is the technical review committee status the only not approval is the planning department and that all that comment is stating is that the final approval is made by the planning Commission just so an applicant doesn't get an approval letter from the TRC then wonders WHAT'S THE PLAN AND COMMISSION'S DECISION? WHY IS IT DIFFERENT? LOOKING INTO THE INFRASTRUCTURE, THE CLOSEST SCDOT TRIP COUNT STATION IS A LITTLE OVER A MILE AWAY FROM THE SUBJECT PARCEL AND AVERAGES ABOUT 4,000 TRIPS A DAY. IT IS LOCATED IN THE BELLTOWN FIRE DISTRICT FOR PUBLIC SAFETY AND THE CLOSEST EMS STATION IS STATION 3. THE SCHOOLS THAT WOULD BE AFFECTED BY THIS PROPOSAL IS IRWIN ELEMENTARY, SOUTH MIDDLE, AND LANKESTER HIGH SCHOOL. While looking at the comprehensive plan, it is designated by the future land use as master plan community. What's this proposal be consistent with? It also meets comprehensive plan goal 7.3 for the Lancaster County section. So it does meet the PDD 2 requirements and staff has recommended approval at this time. I'm available for questions and the applicant is also here and available.

Thank you. Thank you. Is the applicant here? I'm sorry, does anyone have questions for staff? Yes, ma'am.

Thank you. The Bell Tower Fire District, is that the one we went and saw last year? Yes. Okay. Is it volunteer or is it staff daily?

Volunteer.

Okay.

Yes.

That's my question. Thank you. Thank you. Is the applicant here? Would they like to come up and- Say anything?

Good evening. Matt Mandel, ESP Associates, 3475 Lakemont Boulevard, Fort Mill, South Carolina. I have the development team here, contender is the applicant, and we're happy to answer any questions.

Commissioners, do you have any questions for the applicant?

Yes, can you talk to us about the additional road, the egress and ingress as a part of your subdivision, please?

Sure. Is there an overall slide or a plan you can flip to, Matthew? It's going to be a little bit difficult to see here, but I guess in the existing Edgewater community, if you go through the existing Edgewater community, about where I guess the old clubhouse where the golf course was and the new amenity is, that road terminates. And we have approved construction plans for an extension of Catawba Ridge Boulevard, which is called Phase 1. And then there's another phase of that that would extend further south to Highway 200, which is Phase 2.

You will have Catawba Ridge Boulevard will go from where it currently is all the way to 200? Correct. How soon are you planning on putting in that main road?

The phase one plans are approved. I believe the phase two are in review and underway.

Are you planning on constructing that main thoroughfare first? Yes, you can come up and state your name, please.

Allison Tucker, 200 Smith Hines Road, Greenville, South Carolina. So phase one is already under construction. It's already under development. So we then do our fixed plans and get those permitted and approved so that we can do those as well. But the intention is to get the road in, yes.

The main reason being I live in that area. This is my district. Bethel boat landing was never intended to be the main ingress egress out of this development. So you have a road that is mainly was supposed to be for people towing their boats back and forth to the river is now serving 800 houses. And so it's in the other neighborhood edge one.

The Edgewater, that one, but I'm saying- I don't know why this entire boulevard wasn't approved when that subdivision was approved, but that's neither here nor there. That's another- So here we are, we're working with them. We have an agreement with them. They're constructing part of it. We're constructing the other part of it.

And one of the things, she just asked the question about Belltown. I don't know if you've been down and seen Belltown Fire Department. It is- not even adequately equipped and large enough to handle Edgewater, which why I want this road to get through because right now they have to go all the way down 200 to Bethel. And so you're talking 20 minutes just to get to the entrance. So if you got this road in, that's going to make it significantly easier for citizens and also we've had several accidents on bethel boat landing that have completely shut down all traffic coming in and out of edgewater so personally i'm con that's my thing is how soon is that road going to go in there to give a second ingress egress to this whole area absolutely and i think obviously the influx of additional residents in the additional tax base could probably turn a volunteer fire station into a manned and funded fire station as well so from your lips to god's ears i'm sorry i'm sorry

I was just saying, yes, our intention is to get the road in. Phase one is already under construction. There's a portion that we're going to share, and there's a portion that is fully our responsibility. We have to get through this process first before we can, you know, you've got to do prelim plat first before you go to CDE. So we'll go to our construction drawings just as soon as we possibly can.

Very good. so i also had another question um i um so it used to be like i said bethel boat landing used to be the county boat landing um they took the old springs park and turned it into the boat landing i saw that you've got the old springs park on your plans are you planning on demolishing that are you going to keep the boat landing open because that is the county boat landing i wasn't sure from the drawings what was going on there

I believe I'm not mistaken. There is a connection from our development that would extend to the boat landing today. So there's an existing road that runs through the property today. I believe that's in a private road easement. The intent and based on comments we received from staff during the TRC review was to provide a stub to that so that remain operable.

Yeah, I was like that's a that's a very busy boat landing. If you cut that off, you're going to make a lot of citizens in the county very upset.

But did you answer her question about what you intend to do with Springs?

Our understanding that we don't even own that so we OK couldn't even done OK. I wasn't. I couldn't tell great amenity for anybody in the area.

We dumb to take out. Well, I'm talking about the old park with the swimming pool and all of that. I thought I saw that that was in one of your development areas.

that was actually one of my questions too is the master plan um that was provided showed some great pocket parks and stuff so it is the goal to have those as usable amenity spaces within the development okay um

All right, I had a question in relation to your very sizable tia report which i did look through a great deal of it like i said i live in the area one of the things that i noticed and i thought it was a little subjective all the pictures in there only showed the flat open areas of 200 most of this development 200 is doing this and it's heavily wooded on each side so i i was a little concerned with having so many roads coming in and i know once again y'all haven't done everything through scdot and all of that but i just i thought it was a little misleading in the tia that he didn't have any photos showing the really hard parts of 200 that go through there also i'm just going to flat out say i significantly and extremely disagree with their traffic counts in the TIA. I live off of Bethel Boat Landing. I have literally sat there and counted 52 cars just to get onto Bethel Boat Landing from my road. And he's saying that the maximum hourly is 60. So you're telling me that for the other 50 to 55 minutes of the hour, only five more, eight more cars come down the road? I think he also, if you read, it says right in the very beginning of it that he did not do any traffic counts. He went off the original traffic study and projected. That's what he says right there in the opening things of the report. So like I said, I think... your traffic counts on existing, because there's over 800 homes in Edgewater right now. So that's, I don't see how you can have 800 homes and say that you're gonna have a maximum traffic count of 60 cars an hour.

Yeah, I I can't dispute the traffic study. I didn't prepare traffic engineer. I guess in terms of the site distance and access locations. I think it is noted in there that access locations into the community would go through a vetting process with the OT to ensure they meet proper site distance and are safe intersections. And again, that process would come during the civil design and construction community. The only other thing that I can speak to you from the TIA is it has been reviewed and approved by SCDOT. In terms of the methodologies and arguments on traffic counts, I can't repeat those.

I'm just putting it out on there in public record. Like I said, he doesn't even have My road is off of Bethel Boat Landing. My road is not even in this report. And there's 13 licensed drivers on my road and six of us leave for work at the same time. So if you're talking 60, maximum 60 cars an hour, we're 10% of that number not even be accounted for.

I think again not to yeah to speak on into that too much but there's a scoping process that the traffic consultant goes through with the dot and county to vet which intersections need to be studied and that's the basis of the report when it's prepared.

Well, like I said, it's one of those it's an actually the receptionist at SCDOT for this district knows the sound of my voice. That is how often I call complaining about the traffic on Bethel boat landing and the problems that we have on there. So like I said, it's it's it's. It's an issue as I said, but like I said, it's a very thorough traffic study. I just don't necessarily agree with all of the numbers in it. Yes, ma'am.

Can we go back to the increase? I'm curious because, okay, so what are the numbers at Erwin Elementary School? Yeah, Erwin Elementary School at or over capacity? I want to know because I'm curious about the buses that go down through there I want to know if there is a way to this is not 55 and over right this is single-family okay I just want to make sure because I'm just trying to understand when the buses get in there and they only have one way or they can't go all the way and there's backed up traffic. Like is there a way to, what do you call it, sequence? Is there a way to sequence the number of people who move into the area prior to allowing the full build out because That pressure is going to just make you have to stay on your road forever. You might just work on your road. Have a blind curve to both sides.

Great question. And I think maybe to address some of your concern, as Allison explained, the boulevard extension of Catawba Ridge Boulevard, that would be done before any of the homes were constructed. And then in terms of... I don't know that we're there yet in terms of phasing, but this is going to be a phased development. So what you see on the screen is not going to, you know, drop on the ground in one plan submittal and be constructed at one time. It's going to come online in phases over a period of years. And each one of those phases, as they're designed and permitted, is gonna go through a full review process with the county, including fire, utilities, the water and sewer district, to ensure that as those road networks are built within the community, each individual phase can support life safety measures for fire and EMS and that they can get in and out. And if there's a threshold of a number of lots, if that phase is over that number of lots, it meets multiple access points. If it's under, then there's different restrictions. But each one of those items would be addressed as the detailed plans are reviewed at a phase level.

Thank you. Any other questions? Yes, sir.

So you mentioned phasing, and I think that's a great thing to hit on. So there are several traffic mitigations they recommend in the TIA. Are we tying those mitigations to the different phases? I know we're talking about extending the one road initially, but are there other mitigations? And you said you're working with the SCDOT. In the traffic report, if I remember right, it says, you know, maybe you do roundabouts, maybe you'll do lights, maybe you'll do things. Have you guys worked out what some of those are?

Those specific details have not been worked out. And in terms of phasing, I'm not familiar enough with the traffic study to be able to speak to the phasing of the improvements. But again, oftentimes if there's suggestions in there for a traffic light or certain improvements, those are often looked at as the plans or the phases come online. Traffic lights, for example, needs certain trip warrants as a number of houses or development comes online.

Okay, so it'll sequence based on whatever the phase incorporates.

Yeah.

Okay. then i know you have i believe maybe i'm misremembering this is a commercial carve out for a grocery store in that area and a couple other things as well yeah it's kind of in the center of the screen um there is a acreage there bubble um for future commercial is required in the zoning um right now that's just being contemplated as a bubble that's what i was um yeah is there a timing for that because otherwise that's going to push all that traffic to downtown lancaster likely well um i don't know about the timing of it um i think you know certainly there's gonna have to be rooftops to support it so but again what that timing is i don't know that makes sense and then one other thing that we did already talk about if that's okay there's the the park the boat access in particular not the old park and stuff that's there i thought that was inside your guys property but maybe i'm wrong but the boat access i think that's page 25 about 25 of 31 of the plats where it shows that carve out. So today they have that row that goes straight in. I think in the future they may, they go through five roads to get in, go past 35 homes. Has there been any consideration for a more direct act? I mean, that's a lot of homes to go by with people with trucks and trailers and kids running around theoretically.

No, great, great point. And I think we've actually been chatting with that on that topic with staff. And I think, again, as we went through, you know, the TRC process, again, I know there's been some changes in staff. at the time that was the comment was to provide a stub certainly if it's the desire to look at alternative means to preserve that access you know within the design of the community we're certainly open to doing so and then at any point will that access be

Will they not have it while there's construction going on? Will that boat access be open the entire time? Or is there a period of time you anticipate that while you're putting in roads or other things?

I guess at the level we're at in terms of the process, we're not into detailed design. I'm sure it would be contender's intent to keep that operable. I'm sure there'd be a lot of unhappy people if it wasn't, especially in the middle of the summer. Yeah. And that's typically when grading and site activities are happening. But I'm sure they'd be open to having those conversations and ensuring that they can keep that operable during construction activities, even if it does require them to make some adjustments to where that path is.

And I have space on the other side. And I know people on that side, they use it for recreation, but they also actually use it for food. People are actually out there fishing for food and stuff like that. So it's a pretty significant one. So I appreciate that. Thank you.

Any other questions? Thank you, sir.

Thank you.

So we will now consider ourselves into public hearing. I have one person that has signed up to speak. So Mr. Phil Grove, if you will come up, state your name and address for the record. And then you have three minutes to speak.

My name is phil grove and live at 4 a 1 to a crooked stick drive in edgewater. And I'm not sure I came here with the understanding that contender was wanting to Nick to extend the time that they have to build the completion of that road from where edgewater is out to and i was i my request was that we don't give them an extension for that we i've lived at edgewater for eight years and this has been a real concern ever since we moved there is there's only one egress and in and out of the area and we've grown to a community of about a thousand homes now 800 to a thousand sounds like it's closer to a thousand now and you talk about a thousand homes that's like 2 500 people And I don't know of a town in any state that has one road in and one road out. I would hate to live in that town and and I'm getting more concerned the more homes we have here too that Ambulances can't get in if the roads blocked. We've had a lot of accidents since I've been here We've had trees down limbs across the road and just last week. We had a semi that kind of jackknife trying to turn bring a bit of the area and held up traffic for two or three hours and if you have a doctor's appointment or you have a medical emergency you know ambulance can't get in the EMS you know can't get to you the people if somebody needs to go out for a medical emergency you can't get out there's no way out and for other things too and we have. So anyway, that' s just a real concern that we have. And so true homes has pretty much completed their area or their mile of road that goes out towards 200 to give us a second way of getting in and out. We would certainly like to see to complete their about a three-quarter mile of extension to get us out there. That's my request is that let's not give any more extensions. Let's get it done. We've got more people moving in every day and I just hate to have something tragic happen.

Thank you, sir. We will now consider ourselves out of public hearing. Commissioners you have before you case number SD 2023.

Madam chair, if the applicant has a rebuttal that would be appropriate now.

I'm sorry that's twice now. Does the app with the applicant like to come up and speak say address something? I apologize. That's twice now. I've done it.

Good evening. I don't know that I really have a rebuttal, but I guess to the comment that was made that this this project would be, you know, helping facilitate that that extension of the boulevard.

Thank you, sir. Thank you, ma'am. So commissioners, we have before us item number SD 2023-0867 Catawba Ridge. Do I hear a motion? I make a motion to approve. Do I have a second? Second. Second, all right. So do we have any additional comments or questions from the commissioners? Yes, ma'am.

Thank you. I'm not sure if it's additional I Keep thinking so we took as a commission field trips to better for those of us that live in different parts of the county to better understand the rest of the county because you don't know what you don't know and Was it last spring we we drove through this part of town. I live up in Indian land so it was so helpful for me to see and I just can't get out of my head the visual of this fire station that already serves so many people and it would be in this area and I'm just feeling in an emergency a great concern and I hear that this will allow the boulevard to be built which definitely will cut down on time that is helpful but it doesn't help the fire station that is still volunteer i i'm struggling um i'm struggling with this one due to response times and emergencies and public safety so thank you no

I'm sorry. So, yeah, I also say that's been a concern of mine for a long time, and I know that this has been through review, and if I'm not mistaken, in the report, wasn't it Yeah, it was approved by the fire marshal. I have actually called the fire marshal and had conversations with him about why are you approving this when we have a fire station that can i mean i've lived out i've lived off of bethel boat landing since 1996 and so i've seen it grown a lot in the last 30 years and um luckily i've only ever had to call them once and that was before edgewater even started and it was 45 minutes for them to get to my house which was horrifying because it was a brush fire and I live on 235 acres and I could just see my whole forest going up in flames and so now there's like you said 800 to a thousand homes in Edgewater and they have to come luckily I'm before Edgewater so they will get to my house sooner than they'll get to Edgewater but that does not help the people at Edgewater at all I know um So like I said, but it's the fire marshal is signing off on this. I'm just going to keep doing what I'm doing and calling him and asking questions because that's all I can do is call and have a conversation with him about why he's still approving it when we don't have a good fire station down there. We don't have a fire station that's adequate. They are good firefighters. I give money to them every year. They just are not staffed to handle this many homes. So they're not bad firefighters. They are inadequately staffed for the volume they're supposed to be covering. So do we have any more questions? Not any question, but I'm sorry.

Go ahead. Go ahead. Mine is sequencing or just making sure that we don't have for a thousand homes built before the road is finished to make sure that we get buses in and out that if there are kids they're coming in, which we already have a school issue that we have a flow.

That's what the applicant said was that they can't do anything till they get the road in, correct? So the road has to go in first. So yeah, I caught that little glue and I'm checked it off on my list. Yes, ma'am. Okay, so like I said, yeah, it's one of those things. If we can get the road in first, at least that cuts down. Can I ask a question? Yes, sir.

Am I allowed to ask questions of staff at this point or no? About impact fees? This project does include impact fees, correct? There's not a waiver on this? Am I allowed to ask that?

I didn't hear what she said. That's a great question. Where are we on the process of impact fees? That's for at the end.

This is totally located outside of any impact fees in the county currently, so none would be applied here.

What did he say? I didn't hear. Could you repeat that?

This is outside of any impact fees that the county currently has.

Now, can I ask you a question along those lines? When I was, the last time I spoke to the fire marshal, he said they are supposed to be assessing some type of fee for the fire department on a per-house basis out there, and he said that it is not being, this is what the fire marshal told me, it was not being assessed and it was not being collected.

Okay, I can follow up with that.

That's what I'm asking you. Can you follow up with that? Because that was what the fire marshal told me because he said that that was supposed to be. It's not a huge amount of money, but I mean, if you talk, even if it's $100 for 800 homes, it starts adding up and that would help with the fire situation.

Absolutely. I'll reach out to Mike tomorrow.

Thank you, sir. Yes, sir. Okay, okay.

That's it for me, thank you.

All right, so any more questions or comments? All right, so we have before us item number SD20230867, Catawba Ridge. Can we have a roll call vote, please?

Richard Crandall.

Approved.

Lynette Henson.

I'm sorry, I'm kind of on the edge on it. Approve.

Yoakima Kierton. For. Judiana Tinklenburg. For. Sheila Henson.

For. Michelle Richards. For. uh motion passes um six to zero um as i said previously this is a um hearing item for planning commission only so this is a final decision so it does not go to county council Now we will move into public hearing items that are for recommendation to County Council. First item on the agenda is RZ 2025-2390, Seven Brew. You want to wait a second till the wait if you'd like me to.

I feel like y'all never struggle here and maybe I can wait if you prefer.

Shoot, I just put my piles together. I know.

Hmm.

all right yes ma'am yeah okay good evening uh so like chairwoman richard said this is a rezoning uh for a location the there's your aerial map there to show you uh the vicinity of what we're talking about so the the actual parcel that they're rezoning is highlighted in that teal outline um however the intention for to for the rezoning is so that they can recombine it with the parcel that's directly north of at that 0.01 there so the intention here is is to construct a a seven brew and, oh, I'm sorry, that was you moving your microphone. I thought you had some. So the intention is to build a seven brew. And for this one, they have entered the sketch plan phase, but the size of the parcel directly north of them is posing some challenges to meet the code. And so they've asked to rezone this parcel so that they can attach it to the one they're trying to develop to meet some of the code that they're struggling with. So it's currently zoned general business. They're asking for regional business because that's what the parcel north of it that they're developing is zoned. I'm sorry, this is, is it? Okay, they got that. Oh, we both did it. There's a couple of site photos for you. The one on the left, just to give you an idea, where those cars are is where they're developing, where the sign is, is where the parcel that's being rezoned is. And then the one on the right there is across the street. here you've got your aerial zoning map so you can see that parcel that they're looking to recombine it to to construct is that 0.01 and the purple there that's regional business and the subject parcel is in that gb section so you can see it's kind of surrounded by all commercial development and a little bit of institutional uh down there for inland intermediate if i'm not mistaken and so uh this application does meet chapter nine provisions and procedures And there is your surrounding use map chart right there that kind of shows you what's surrounding the area between GB, RB, a little bit of institutional. The PDD that you can't really see it right here, but at that top right corner, it would be pink. That is the Collins Road PDD that's there. And then Cross Creek is the name of the commercial development where the Publix is. So that's what the Cross Creek is there. Staff does recommend approval, but I will give you an aerial, well, if it comes up, I'll give you an aerial shot of your future land use map, because it is zoned core mixed use. The entire area is core mixed use. The only differentiation you have there is up to the north for the Collins Road, which is that master plan community. And then that objective that it meets from the comprehensive plan is that panhandle area 4.1 objective. And that speaks to this parcel being located in the highway corridor. So those design standards to, you know, a range of amenities to enhance the urban fabric and require future development for connectivity, this parcel would be held to that since it is in the HCO overlay. Like I said, staff recommends approval. I don't believe the applicant is here. Oh, he is here. If you have any questions for him, and then of course I'm here to answer any questions on behalf of staff.

Just a random question, a refresher. What's the one business that's there on the corner in front of it? The little building right there at the corner of?

Oh, that's a great question. Is that the Mavis? That's the entire shop kind of maintenance place. And then also the, what's the Swig? Swig, obviously the pictures are kind of old because Swig wasn't always there. So Swig is right there as well on that parcel.

Thank you. Of course.

Anyone have questions for staff?

As applicant here, would you like to come up and say anything, sir? Probably not a lot to say. I'll get out of your way.

I'll at least say that I'm here.

State your name and address for the record, please.

Alan Mosley with BL Companies. I live in 1005 Breakmaker Lane in Indian Trail, North Carolina. it's obviously it's just this way we're just combining or we're trying to combine a lot so we get enough room to build their site properly and the uh we can't combine them until they're at the same zoning correct so yeah thank you sir um anybody have any questions for the applicant okay

Thank you, sir. We will now consider ourselves into public comment. No one has spoken and no one has signed up to speak. So we will consider ourselves out of public comment. So commissioners, we have before us item number RZ 2025-2397, Brew. Do I have a motion? I'll make a motion. Do I have a second? Second.

Second. Any discussion or comments? Oh, I have a question. So Mavis is already zoned regional business. Or no? No GB?

Yeah, it's on GB. So Mavis is the one that's on the corner. The parcel that they're already on that they're looking to develop is the one directly north in the purple there, RB. That's where the SWG is. Okay. Wait, isn't SWG coffee as well? Well, I think it's like caffeinated drinks, you know, like energy drinks and Dr. Pepper's.

It's like a fancy soda shop.

Yes, a soda shop. Thank you. That's, yeah. Okay. Yeah. Okay.

I don't drink coffee or soda, so they're both alien to me.

Okay. They do call it a dirty soda. They do, but not that kind. All right. Thank you. So do we have any more questions or comments?

All right, can I have a, so commissioners, we have before us, just to say to make sure it's right, RZ 2025-2397-BREW. Can I have a roll call vote, please?

Richard Crandall.

Recommendation for approval.

Lynette Henson. Approve. Yokima Kiritan. For. Judy Anna Tinklenburg. For. Sheila Henson. For. Michelle Richards.

4. Motion passes unanimously, 6-0. Thank you. Next item on the agenda is RZ2026-0503, Dr. Ramesh.

I'm sorry, I was trying to. Oh OK, I was like it wasn't catching it. I was trying not to bother Maura, but there it is. Oh psych is catching up. Yes, this one's me as well, so that's why I kind of hung out. This is also rezoning for well as well. The location of course this is your aerial map so you can see highlighted until there are outlined until rather your location there on on Charlotte Highway. It does have access on both sides of Charles Pettus and Charlotte Highway. It's currently zoned low density residential. The request is for neighborhood business.

I'm sorry, girl.

Here's some site photos. This is from the Charles Pettus side. So you can see the site on the back end here. It's pretty undeveloped. Now the side of the parcel that is on the Charlotte Highway side is currently a single family home, if I'm not mistaken. So it is kind of cleared and has a home there and a drive access to Charlotte Highway in the backside of shortly after that home all the way to Charles Pettus is undeveloped.

Thank you.

So here is your aerial map of your zoning. You can see the parcels there highlighted or outlined in teal there. And that's the LDR portion. Of course, the purple is neighborhood business, which is the district that they're asking for. And you've got a little bit of general business off to the side there. And one parcel of institutional at the end of Arrowhead. This parcel is located in a growth area FLU from the comprehensive plan. And neighborhood business is a permissible district within that FLU. You've got your surrounding use chart down there. Most of this area is undeveloped or used residentially with a little bit of commercial that you can see there from the neighborhood business and general business districts. This application does meet the Chapter 9 provisions. Those are attached to your staff report if you'd like to look at those. And then it does align with Lancaster County Goal 1.2 from the comprehensive plan. I'm sorry, Mara. I'm so sorry. One more time. There it goes and then that's attached for you there if you'd like to look at that and then your. aerial view of your future land use map is is there, and so you you've got your subject parcel in the yellow and that growth area rules on the other side of Charles pettis and then directly south of it is is economic development. And so, based on this request and and the future land use and the comprehensive goals and stuff staff recommends approval of this application. The applicant is here if you have any questions for them. And of course, I'm here to answer any questions on PAF staff. Yes.

I have a question. At some point, and I don't remember when, in my however many years of being on here, there was conversation about a future road realignment at the intersection of, what is it, Six Mile Creek, aligning that with Banwick Road. But I know that that affected or affects Charles Pettus Road as well. Is that something that relates to this project? Does it affect it in any way?

not that i'm aware of because that i think if i'm not mistaken and you'd have to hold me to it that's at the end of charles pettis which is further north on the van wick side um right there at the corner of charlotte highway and van wick and charles pettis kind of shanks off down there right this is a little bit further down sure i remember there being some improvements though along charles pettis as well which is why i'm asking there could be i couldn't answer that for you i'd have to look into it

OK, that's that's all. Thank you.

Yes, the single family home that's on there today. What's the intention for that when it gets changed to neighborhood business?

I would I mean they haven't provided what they would like to to build formally but I would imagine that it would be demolished depending on what they're trying to do but neighborhood business I don't imagine that you could I guess you could up fit it but I don't I don't know that that's the intention and I don't want to speak to the intent of the applicant they may did you did you already have plans for what was on the site or you hadn't made that decision yet?

I think Chapter 9 says it's non-conforming of the UDL. That's what I was asking.

The current use?

If you leave the residential, the outfit of the home.

Oh, yes, yes. Yeah, it could no longer be. I'm sorry. I misunderstood your question. You're correct. If it is rezoned to neighborhood business, it could no longer be used residentially. I'm sorry. I misunderstood.

That was the only thing that stood out to me in there.

Any other questions?

Would the applicant like to get up and say anything or speak? Please get up and state your name and address for the record, please.

My name is Dr. Kumari Ramesh, and I live in 1928 Smarty Jones Drive, Waxhaw, North Carolina. And this is the property for 7319 Charlotte Highway, Indian Land, Lancaster. First of all, I'd like to thank everyone to look into it. And my background is I used to work in Lancaster Hospital for I'm 17 plus years as a physician from 2003 to 2015. I moved to North Carolina for my children's school. And I'm board certified in internal medicine and geriatrics, take care of the elderly population. So my kids now, they are in the school, into the high school and the college. I just want to give back to the community, especially for the growing elderly population to do medical services back to healthcare for the community and the population. and the resident, they supported me during my hard time and I had my practice. I just want to give back community something, what I know, just in medical care. So I just want to do something for the community, especially for the elderly population and being a geriatrician. So thank you so much. Thank you.

Does anybody have any questions for the applicant? Thank you so much. Thank you. All right, so we have before us Item number, item number RZ20260503, Dr. Ramesh. Do I have a motion? I'll make a motion to approve. I have a second. Oh, I'm sorry. Thank you. First off, we have to go into public comments. Hold on one second. We have to go into public comments. There are no one has signed up to speak. So therefore, we will consider ourselves out of public comment. So let's back up again. Do I have a motion for RZ-2026-0503, Dr. Ramesh?

I'll make a motion to approve.

I'll second it.

Do we have any comments or discussions on this?

I do. So I drive past here often. I have a child at high school, and I know Indian land is sprawling south, so this would be one of those places those first um businesses if it's passed to bring it further south my concern with it though is is it compatible with the current uses um now and that's what i'm struggling with i know there's a a veterinary clinic nearby um and then that's you know it's pretty much surrounded by residential use. I also have questions of impacts to traffic. The speed limit increases on 521 through there to 55. So I'm worried about people slowing down through there and if it's going to be accessed off 521 or if it would be primarily accessed off So my concerns would be compatibility with the surrounding area and traffic and trying to work through those concerns.

staff or applicant want to address?

Yeah, well, no, I mean, I know what we're discussing. I didn't know if other people had comments or things too, but however you want to do it.

Yeah, no, we can touch on it. So I have spoken with SEDOT and I did want to advise, you know, obviously we're talking about land use at this time. So it's hard to give you a direct answer or definitive answer because of course that changes depending on what that use looks like. However, I did kind of have a preliminary conversation with SEDOT and because there is a driveway on Charlotte Highway that's residential, what he confirmed is that just because there's already access to Charlotte Highway does not mean that they would maintain that access for commercial use. So what's that what's this progress past the reason it would go into that civil site design based on what was being put there as CDOT would then decide if they would allow that continued access to Charlotte highway.

I have something also I want to add that it's in the highway corridor so the chances of there being access from 5.21 is going to be slim nonetheless deal teach them and say well hey you know it so.

That was what I was thinking too, that it would fall under those restrictions. Thank you for pointing that out.

David, if you're listening from SEDOT, Corey made that decision for you, not me. That was Corey Barnes, planner, Lancaster County Planning Department, not Kirsten Willis. But yes, he did advise that it's not a guarantee that they would maintain that access. Got it.

Appreciate it. Nothing to do with anything, but I want to thank all of y'all that were at the end of a very long agenda. Thank you for staying and being patient and It's hard when. The easy stuff is at the end and the hard stuffs at the beginning. So we thank you for your patience and thank you absolutely so good.

I'm good.

Y'all done with me alright alright so we have a motion and we have a second. Is there any more discussion? Alright, well then let's have a roll call vote please.

Richard Crandall Nation 4.

Lennett Henson or. Yuki McHurton. 4. Judiana Tinklenburg. 4. Sheila Henson. 4. Michelle Richards.

4. Motion passes unanimously 6-0. Thank you. Next item on the agenda, RZ2026-0725, Pettis. Good evening, Commissioners.

We're getting close.

Yes.

On the map in front of you, you'll see the location of the parent tract is outlined in blue. That is a parcel on Shiloh Unity Road, and the long, narrow dirt strip in the middle of it is a private airstrip, a dirt airstrip, so you're familiar with the layout of the parent tract. The particular parcel we're talking about rezoning is in the lower right-hand corner outlined in red. The applicants have already gotten an approved minor subdivision plot to cut that parcel out. However, they intend to use it as a resident, a location for a residence, and they cannot get a building permit until it's zoned for residential use because right now it's institutional due to the airstrip.

That's a first for me. Institutional to residential. Yes.

And institutional does have a secondary, it does allow a secondary use for residential because of churches often having a residence for a minister. But in this case, there is no residence and because it's institutional, they cannot have a primary use that's on a separate parcel. The surrounding area is mostly rural residential. There's a few LDR. There's an LDR neighborhood over to the west of it, but everything else is RR. And it's the transitional... district of RR and LDR. And I'm sorry, I'm losing my train of thought. I apologize. The map shows the zoning areas and the red star shows the location of the proposed or the approved parcel where they want to locate the residents. And my... CHART IS MISSING ITS LOCATIONS. SO THE FIRST, IN THE FIRST BLOCK, IT SHOULD BE NORTH IS INSTITUTIONAL. NEXT IS SOUTH, WHICH IS RURAL RESIDENTIAL. EAST IS RURAL RESIDENTIAL AND WEST IS LDR AND RURAL RESIDENTIAL. THE APPLICATION MEETS ALL UDO PROVISIONS AND PROCEDURES DETAILED IN CHAPTER 9. THOSE DETAILS ARE ATTACHED TO THE STAFF REPORT. Here's some location photos. This is on Shiloh Unity Road. There is no direct access to the proposed parcel off of Arrow Road. An easement comes off Arrow Road, so I cannot trespass on private property to show that location. This shows the... future land use and the zoning of this area. Future land use is rural, which is compatible with the request for RR. And then on the zoning map or the location map on the left, you can see again the parcel outline, the parent tract outline in blue and then the tract that's actually being questioned for rezoning is outlined in red. It conforms to the comprehensive plan goal of LC 1.2 and the application and the request meet requirements for approval. I'm here for questions and the applicants are also here.

Anyone have any questions for staff? Would the applicant like to get up and speak? You don't have to, but you're welcome to. Please state your name and address for the record.

Thank you. My name is Lee Pettis. I live at 10954 Old Pettis Place and that's in Indian Land or Fort Mill, South Carolina 29707. What you're looking at on that picture is our empty nest chapter. So my husband and I live, we're Pettises who live on Old Pettis Place and you have dealt with Pettus Pond. So, you know, all the surrounding areas have been pieced and parceled out into subdivisions. And so now that the kids are grown, ours are done at high school, they're in college, they're working, this is where we want to move and it's where we want to live. We both have private pilot's license. That's something that we did as part of our empty nest chapter. So we just want to sit right there on the runway, look off our back porch, go for a little flight and watch other people do the same. So we're very fortunate to be here tonight and have this opportunity. And thank you for your time. I know it has been a long time for you too.

I think what you're doing is very cool. I grew up in Cabarrus County, North Carolina, and there was a guy down the road, the same thing. He had his own private airfield and literally had a two-car garage and would literally land and had a bay and would just take the plane right in there and then go into the house. I just thought that was so cool.

It's a lot of fun. I never thought that it was something that I would do in my lifetime. I did because I started flying with him and I was like what would you do what would I do if you passed out and I started taking a few lessons and before I knew it I was flying too so it's just where we want to be and we love Lancaster County and we just want to be down here with you guys now.

I can't believe as many times as I've driven down this road I have never seen the airfield so now I'm going to have to look for it. I'll take you up. Literally, I've driven down there and I'm like, where is this airfield?

You're looking at it on one of the pictures. You can see the windsock. You can see the sock. That hanger that you're looking at is one of the original founders. They're the original people. What they did is their houses are still there. They're in their 80s. And one of them still flies. He's the one who taught me how to fly. And they are amazing people. And it was their vision to move out here when Charlotte started sprawl in 1985. So they've been out here since 1985. And we met them on a chance. And they felt comfortable enough with Gary and I to pass the baton to sell us the property. Because they had denied a lot of people who had come knocking asking them for the property. We didn't trust them to keep it the same. Okay.

Well, good for you. That is awesome.

It's a neat story. Thank you for letting me share a little additional detail for no other reason other than just telling the story.

Yes, we appreciate it. Thank you so much. Any questions for the applicant? All right, we will now consider, thank you. We will now consider ourselves into public hearing. No one has signed up to speak at public hearings, so we will now consider ourselves out of public hearing. Commissioners, you have before you item number RZ20260725. Pettis, do I have a motion? a motion to approve second second okay um any discussion so we're getting toward the end we'll make this short and sweet um show up vote show of hands to approve uh motion passes unanimously six to zero so good luck and enjoy your your your second phase of your life All right. We have before us now item number RZ20260736, Justin's tree service. The two guys that waited until the bitter end.

Good evening, commissioners. We're on the home stretch. The parcel in question is at the end of Yarborough Road. It's up near the bottom. It's just adjacent to the Bales Ridge Business Park. And it's a parcel of six or more, just over six acres. It's currently zoned professional business. It was owned by Mr. Sinclair, who has a residence on the property. So it's non-conforming in that there's a residence on a commercially zoned property. He has been marketing the property for a number of years with the intent of having someone develop it under professional business, but has never successfully located a buyer for property for a business that would fall under the professional business categories. Justin's Tree Service would find this to be an ideal property. It is close to the area that they serve. One of the benefits to residents in the area is that this is a business that does not attract customers. Justin's Tree Service goes to the customer, so there would not be people coming to the property to transact business. They principally need to upfit, they want to upfit the house to be offices and have area for parking for their tree service equipment. The future land use designation is growth area, as this is near to light industrial and the Bales Ridge Business Park, which the county foresees is developing commercially. There is some scattered residential areas to the west around Yarborough Road. There's a few residences. just south across the you can see kind of the jet the zigzag line below this property is a creek boundary so there is some floodplain and a creek on the property that also lends additional natural buffering south of that floodplain area you get into an area that's the asbury neighborhood that's under development they've had their preliminary plat approved and they're in the civil plan stages so The property not only has sufficient area to buffer for all the required buffering on the property, there's a lot of natural buffering that will prevent approach to any other residential areas. some pictures of the entrance to the property off the end of Yarborough Road. On the picture on the left, you can see Remby Real Estate, which is the nearest business. It's the very bottom of Bales Ridge Business Park is that Remby location. And this shows the zoning map. The outline in blue is the subject parcel. The Bales Ridge Business Park is the pink just to the north of that. Further north and west is the bottom of McMillan Industrial Park, where there's light industrial. So that's one of the reasons why this whole area is considered a growth area, because the county is kind of directing this toward commercial growth. and the chart there shows you the surrounding uses. A lot of the area, there's a few houses in the LDR zoning to the south and west, but it's largely vacant land, a lot of timber. Nope, one too far. The application meets all UDO provisions and procedures from chapter nine and meets UDO requirements for approval. And the applicants are here, as you may have noticed.

I have a couple questions. I'm not sure if it's for you or for the applicants, so just whomever. So this is my district, so I'm thinking of the residential folks and bringing a business, and I'm thinking of potential nuisances. So I want to understand the day-to-day. You mentioned it's for parking for equipment. Is that the day-to-day activity and then you're offside or is there concerns are you also I know other tree companies sometimes are there mulching on site is it loud is it dusty is there burning I want to understand what's coming to the neighborhood please state your name and address for the record

Brandon Roop, Justin Roop, 8821 Houston Ridge Road, Charlotte, 28277. No, we're not gonna be mulching anything, making any loud noises. The primary use is gonna be to store our equipment. All of our jobs are offsite around the Indian Land, Fort Mill, Ballantyne areas. So we'll leave in the morning and then come back in the afternoon. That's pretty much it.

Okay, and no burning or anything on site. Okay.

That's, I think that was actually my biggest question.

Yeah. Questions. Happy to answer.

I appreciate you. Thank you. Thanks for being here. So there's different kinds of tree services. I just didn't know which ones you were. Yes. All right, so if there's no more questions, we'll consider ourselves into public hearing. No one has signed up to speak, so we will consider ourselves out of public hearing. We have before us item number RZ20260736, Justin's Tree Service. Do I hear a motion? I'll make a motion to approve. Second. Second. Any comments or questions? We'll make it quick and easy. Roll call vote to approve. So we have, I'm sorry, show of hands. I said one thing and did the other. Show of hands to approve. So passes unanimously six to zero. Thank you very much. So yes. All right. So that all of our public hearing items for recommendation to council. Do you need to say something, Ms. Jennifer?

Under other.

Okay. That's what I was gonna say. We need to get other. I know you had asked a question. So yes, Ms. Jennifer.

So we've been asked to let you know the types of cases that are coming next month so that you can make a decision about.

Yes.

So there will be a text amendment from council that we prepared under council direction. There's one preliminary plat for a residential. It's not in the moratorium area. um there's a rezoning in heath springs a rezoning out in the county and a third rezoning that is in conjunction with a comprehensive plan amendment for future land use amendment and there will be three new road name applications one of them is a group list from sandra for civils that was submitted by civils and preliminary plus the other two are for private properties thank you so much um

Have you done a text amendment? No, you haven't. You obviously haven't done a text amendment. A text amendment is someone wants to do something and either it is not written at all in the UDO or they need to change the language in the UDO. So would we like to have a short workshop next month talking about text amendments since we've got a couple people that have never been through one? up to y'all though so if that's the only thing we're gonna do I kind of hate to hold a whole meeting for that so so could staff prepare something small just to kind of kind of like the like what Jenny sent for yeah you don't have to make a decision right now if you'd let us know by Thursday OK, well, do you need to make OK? OK, I'm just saying that I think it I mean like that that that bullet item that Jenny sent us on what the requirements for approving a major minor plat and everything about think was fantastic. Can you just? We're talking like a little. Bullet item blurb that you could just send out to everyone on here.

Yeah, we can definitely pull from the UDO on the process for a text amendment. And then just to give some insight, this is a county. I know Jennifer mentioned it. This is a county implemented text amendment. So it looks a little bit different than a standard text amendment because, of course, you typically have an attorney from the applicant. This is county implemented for itself. So it'll be a little different. Yeah, it'll be a little bit more streamlined. But yeah, we absolutely can pull the text amendment process from the UDO.

I don't think there's anything dramatic next month, and I hate to make everybody come in for a meeting for something this small, so if this is something y'all could write a little blurb, send it to us, then we wouldn't have to have a workshop meeting next month.

Yeah, I'm happy to provide that to you. I can send that to you, like, blind copied, because, of course, you can't. I'll blind copy it, so if you reply back, it doesn't.

create a meeting yes okay very good and you had started to ask a question earlier thank you yep so i wanted to understand where we are with the impact fee study then i also want to know where we are when we're going to get our comp plan update when we might be able to have the udl updates like i don't want to get caught off guard knowing what i'm supposed to know without it

You just reminded us we actually were supposed to have our comp plan update at the workshop meeting. So OK, yeah, so you're coming up since April.

So your your comp plan update. I think we pulled that formalized document that was provided to you last year and some changes have been made to it that's been updated so we can definitely provide that to you at the next meeting. for June we'll have that prepared for you then since you don't really want to have a workshop meeting and then for the impact study so that has been awarded to Tischler Weiss the contract has been signed as of April 13th and so it's we're good there the next step in that process is to schedule a kickoff meeting of course with some changes in staff we've had to navigate the The county's gonna have to create who of staff is gonna be a part of that team to navigate that process. That's a meeting that's being scheduled to decide who's gonna be there to facilitate that. And then from there, we'll reach out to Tischler Vice cuz they'll be a part of that kickoff meeting. So that kickoff meeting will start where we'll cover timelines, What they need from us who if they have a contact or if they have questions specifically, we get this answered. Pull the data from the last impact study that was done in 2020 and kind of come go over that preliminary. But at this time that kickoff has not been scheduled as of yet, but our goal is to have a lockdown date within the next couple of weeks. In the housing subcommittee update. Yeah, there's not one for the housing committee. Of course, the ordinance was read three times and accepted. So it has been put on the website. However, it has not been created and it has not pursued any, I guess, appointees at this time. They would be appointed by county council. So at a certain point, those applications have to be filled out and submitted via the website so that council could appoint those. But that's about as much information that I've received.

all right is that it all right make a motion to adjourn i'm not having a meeting so do i have a motion to adjourn yes motion do i have a second meeting adjourned thank you