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[00:00:28]

CALL

[1. Call to Order]

TO ORDER THE, YOUR PLANNING, YOUR COUNTY PLANNING DIVISION FOR OCTOBER 13TH, 2021.

THE CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION.

THE PURPOSE OF WHICH IS TO ADVISE THE BOARD OF SUPERVISORS ON LAND USE AND PLANNING ISSUES AFFECTING THE COUNTY.

THE RESPONSIBILITY IS EXERCISE RECOMMENDATIONS, CONVEYED BY RESOLUTIONS OR OTHER OFFICIAL MEANS AND ALL ARE MATTERS OF PUBLIC RECORD.

THE COMMISSION IS COMPRISED OF CISM VOLUNTEERS APPOINTED BY THE BOARD REPRESENTING EACH VOTING DISTRICT.

AND TWO AT LARGE MEMBERS ARE PART OF BEN.

WOULD YOU CALL THE ROLL PLEASE? MR. HOGAN, RIGHT MR. TY DESK HERE.

MS. LEEDOM HERE.

MR. KING.

MR. CRINER, MR. SMITH, MR. PETERMAN HERE, MR. CHAIRMAN, YOU HAVE A QUORUM.

THANK YOU.

CAN WE STAND FOR THE PLEDGE OF ALLEGIANCE? UH, GRADUALLY UNDERGROUND.

HAS, HAS THE

[4. Approve Minutes August 11, 2021 meeting September 8, 2021 meeting]

COMMISSIONERS HAD A CHANCE TO READ THE MINUTES FROM AUGUST 11TH AND SEPTEMBER 8TH? YES.

ENTERTAIN A MOTION TO APPROVE THEM.

UH, MR. CHAIRMAN, UH, I, UH, UH, MOVED TO APPROVE THE AUGUST 11TH, 2021 MEETING MINUTES.

OKAY.

THE MOTION BY MR. PEERMAN IS TO ADOPT THE MIDLANDS TO HAVE THE RUG DEALER MEETING ON AUGUST 11TH, 2021.

MR. APPROVED MS. LEEDOM APPROVED.

MR. SMITH APPROVED MR. PETERMAN.

YES.

MR. TY DOES.

YES.

THE MOTION PASSES.

I HAVE A MOTION FOR THE SEPTEMBER 8TH MINUTES.

MR. CHAIRMAN.

I MAKE A MOTION FOR THE SEPTEMBER 8TH MEETING MINUTES TO BE APPROVED.

OKAY.

MR. LEO FOR MR. SMITH.

MR. PETERMAN.

YES.

MR. HOLROYD.

PERFECT.

MR. TITUS MOTION PASSES.

THANK YOU.

UH, NOW IS THE TIME

[5. Citizen Comments]

FOR CITIZENS COULD MAKE A COMMENT OR ANYTHING THAT THEY WISH TO HAVE.

THAT'S NOT ALREADY ON THE AGENDA.

SO THAT WOULD PRECLUDE THE, UH, SPECIAL USE PERMIT FOR NIGHT AND ARE BOTH SPECIAL USE PERMITS FOR THE NIGHT.

IS THERE ANY OTHER CITIZENS THAT WISH TO COME FORWARD AND MAKE A COMMENT? LET'S SEE.

CNN WILL PROCEED ON TO

[Application No. UP-972-21, William and Marina Boothe]

THE PUBLIC HEARING FOR APPLICATION NUMBER UPP 9 7 2 DASH 21.

UH, WAYMON, UH, MARINA BOOTH.

THANK YOU, MR. CHAIRMAN.

IT'S A SPECIAL USE PERMIT FOR A TOURIST HOME IN AN EXISTING SINGLE FAMILY DWELLING AT 1149 DUNKIN DRIVE.

EVERYBODY HEAR ME.

OKAY.

UH, THIS APPLICATION WAS ACTUALLY SUBMITTED FOLLOWING A ZONING VIOLATION.

NOTICE IT HAD BEEN LISTED ON ONE OF THE AIRBNB SITES.

UM, AS SOON AS THEY WERE NOTIFIED BY OUR ZONING OFFICE, THEY SUBMITTED THE APPLICATION.

UH, IT CHANGED THE LISTING ON THE WEBSITE TO A MINIMUM 90 DAYS DAY.

SO THAT TAKES IT OUT OF THE DEFINITION OF TRANSIENT.

IT'S A FACILITY MAP OF THE AREA OF THE APPLICANT'S PROPERTY IS HIGHLIGHTED IN BLUE.

UH, IT'S WITHIN THE, A YORK TERRACE SUBDIVISION, SURROUNDED BY SINGLE-FAMILY DETACHED HOMES, UH, DIRECTLY BEHIND IT IS A, UH, DOMINION ENERGY POWER LINE EASEMENT RUNS ACROSS THE BACK THERE.

SO OWNING IS A R 13 HIGH DENSITY, SINGLE FAMILY, RESIDENTIAL, UM, BACKS UP, UH, BEYOND PANTHER PAW TO, UH, RR RURAL RESIDENTIAL AND ECONOMIC OPPORTUNITY TO THE EAST.

THAT'S THE BACK END OF THE BUSH INDUSTRIAL PARK.

IT'S ALSO LOCATED WITHIN THE WATERSHED MANAGEMENT AND PROTECTION, UH, AREA OVERLAY BECAUSE OF THE FACT IT'S THIS AREA IS IN THE DRAINAGE AREA FOR THE WALLER

[00:05:01]

MILL RESERVOIR COMPREHENSIVE PLAN, DESIGNATES THE PROPERTY FOR HIGH DENSITY, RESIDENTIAL SCENARIO, OTHER PROPERTY, HIGHLIGHTED IN RED, AND TO SEE THAT POWER LINE EASEMENT IN THE BACK AND NOTE, UH, IS PRETTY HEAVILY WOODED IN THE BACK AND A CLOSEUP ARIEL, UM, NOTE THAT THE, A LONG DRIVEWAY IN THERE BY COMPARISON TO SOME OF THE OTHER PARCELS IN THE AREA AND PHOTOGRAPHS OF THE AREA, THIS IS THE, UH, SUBJECT PROPERTY ON DUNKIN.

UH, JUST A QUICK PHOTO ACROSS THE BACK TO SHOW THE FENCED IN AREA TO THE REAR OF THE PROPERTY ON THE EAST SIDE OF THE APPLICANT'S PROPERTY AND PROPERTY ON THE WEST SIDE, WHICH IS ACTUALLY THE, UH, APPLICANTS, UH, RESIDENTS.

SO THEY WOULD BE LIVING THERE.

AND WHILE IT'S BEING RENTED AND LOOKING WESTTOWN DUNCAN CROSS THE STREET AND EACH DOWN DUNCAN, SO SKETCH PLAN OF THE PROPERTY.

UM, AS I MENTIONED, THERE'S A LONG DRIVER THERE MEASURES APPROXIMATELY 20 FEET BY, UH, 85 FEET.

SO THERE'S MORE THAN ENOUGH ROOM THERE FOR GUEST PARKING, UM, FENCED IN AREA IN THE BACK AND, AND A DECK OFF THE BACK OF THE HOUSE, APPLICANTS OF FLOOR PLAN, A ONE STORY HOME, 1,100 SQUARE FEET WITH THREE BEDROOMS, TWO BATHS KITCHEN, AND THE DINING AND LIVING AREA SUMMARY.

AS I MENTIONED, A SMALL HOUSE, 1,100 SQUARE FOOT SINGLE STORY, THEY WOULD BE RENTING WHOLE HOUSE.

ONLY INDIVIDUAL BEDROOMS WOULD NOT BE RUN IT OUT.

THREE BEDROOMS, KITCHEN, DINING, LIVING, TWO BATHROOMS, MAXIMUM OF SIX GUESTS AT ANY ONE TIME.

AND THE APPLICANTS HAVE A HOUSE RULES THAT THEY GIVE OUT TO, UH, ANY PROSPECTIVE RENTER, UM, NO SMOKING, NO PETS, ALL OFF STREET PARKING, AND THEY HAVE TO BE QUIET.

THE OWNERS WOULD RESIDE AT THE ADJACENT PREMISES.

UH, DURING TIMES OF THE TOURIST TONE RENTALS FOR OFF STREET PARKING SPACES ARE REQUIRED AND THEY HAVE MORE THAN ENOUGH ROOM FOR THAT IN THE EXISTING DRIVEWAY, AVERAGE DAILY VEHICLE TRIPS, UH, FOR YOUR STANDARD SINGLE FAMILY DETACHED DWELLING DWELLING IS A 9.6 DAILY VEHICLE TRIPS ESTIMATED UP TO A 10.6 ADDITIONAL AVERAGE DAILY VEHICLE TRIPS FOR THE TOURIST HOME AND DUNCAN DRIVE.

THIS SECTION OF DUNKIN DRIVE.

ACCORDING TO V DOT ESTIMATES HAS 180 ESTIMATED DAILY TRIPS.

AND OUR STAFF DOES NOT BELIEVE THAT THAT, UH, THE CHANGE TO A TOURIST HOME WOULD CALL IT, IT CAUSED ANY ISSUES FOR TRAFFIC, UH, RECOMMENDED APPROVAL CONDITIONS, UH, BUSINESS BE MANAGED IN ACCORDANCE WITH THE ZONING ORDINANCE AND THE APPLICANTS NARRATIVE SITE LAYOUT AND FLOOR PLANS AS DEPICTED ON THE APPLICATION PLANS OWNER OR OPERATOR WOULD BE LIVING IN THE ADJACENT DWELLING DURING ALL TIMES OF RENTALS, WHOLE HOUSE RENTAL, UM, NO INDIVIDUAL BEDROOMS, MAXIMUM THREE BEDROOM, SIX GUESTS LIMIT FOR RENTALS, UM, OFF STREET PARKING.

AND AS WE'VE BEEN DOING WITH SOME OF OUR MORE RECENT, UM, TOURS TOMES, THE TERM OF THE SPECIAL USE PERMIT WOULD EXPIRE WITH CHANGE OF OWNERSHIP OF THE SUBJECT PROPERTY OR CHANGE OF RESIDENCY OF THE APPLICANTS IN THE ADJACENT DWELLING INCLUSION.

UH, WE FEEL THE OPERATIONS CONSISTENT WITH PREVIOUSLY APPROVED, UH, TOURIST HOMES.

UH, THE OWNER OPERATOR, AS I SAID, WOULD RESIDE IN THE ADJACENT DWELLING AND WE DON'T FIND THERE GIVEN THE APPROVAL CONDITIONS, WE DON'T FEEL THERE'LL BE ANY IMPACTS TO THE SURROUNDING AREA.

UH, CONDITIONS WOULD LIMIT THE USE TO A SMALL-SCALE OPERATION, AND WE WOULD RECOMMEND APPROVAL IN ACCORDANCE WITH PEACE RESOLUTION NUMBER, PC 21 DASH 15 R.

UM, THAT IS OUR FOR REVISE.

THERE WAS A, A TYPE OF IN THE RESOLUTION CONDITION, NUMBER THREE, AND REFERENCED A, UM, ACCESSORY STRUCTURE, NOT DWELLING.

SO THAT WAS JUST A TYPO.

THAT'S WHY YOU HAVE AN R ON THAT.

UH, WE DID RECEIVE EIGHT EMAIL COMMENTS ON THE APPLICATION AND THEY, THOSE WERE ALL FORWARDED TO YOU.

AND WITH THAT, I CAN ANSWER QUESTIONS OR THE APPLICANTS ARE HERE AND GIVE ANY MORE DETAILED INFORMATION.

YES, MR. HOLBERT MS. PARKER, I HAD TWO QUESTIONS AND THEY BOTH RELATE TO THE DISCUSSION THAT THIS COMMISSION HAD ON AUGUST 11TH REGARDING THE TOURIST HOMES.

UH, THERE WERE TWO CRITERIA THAT WE WRESTLED WITH WHEN THE JURY OF THAT DISCUSSION THAT, THAT I FELT NEEDED TO BE COVERED DURING THIS APPLICATION.

ONE OF THEM IS ON DENSITY

[00:10:01]

AND THE OTHER IS ON THE NUMBER OF NIGHTS PER YEAR THAT THE STR WOULD BE RENTED OUT.

I'M WONDERING IF YOU COULD COMMENT ON THE NUMBER OF STRS IN THE IMMEDIATE AREA WITHIN A TWO MILE RADIUS? UM, THERE'S THREE IN THE NORTHERN, NORTHERN END OF THE COUNTY.

UM, THEY'RE LISTED IN THE, UH, ON THE AIR BNB WEBSITE AND I DIDN'T GO INTO A VRVO, BUT I DID GO INTO ERA TO AIRBNB AND TYPED IN PEDIMENT ROAD.

AND I CAME UP WITH 63, UH, SHORT TERM RENTAL.

SO THERE'S A, THERE'S A NUMBER AT THE KINGS RESORT.

THERE'S A NUMBER AT THE, UH, PARKSIDE RESORT, UH, NEXT TO THE COLONIAL GOLF COURSE.

OKAY.

THOSE AREN'T TOURIST HOMES.

THEY, THEY ARE RENTING ON ONE AND TWO DAY BASIS, RIGHT? BY DEFINITION, THE ZONING ORDINANCE, IT'S NOT A TOURIST HOME.

TOURIST HOME IS A SINGLE FAMILY DWELLING THAT IS USED FOR TOURS HOME.

I STILL LOOK AT THIS AS IN TERMS OF WHAT IS THE OVERALL DENSITY, HOW MANY, HOW MANY ARE BEING RENTED OUT ON DAILY BASIS IN THAT IMMEDIATE AREA? WHY WOULDN'T I INCLUDE THE TIMESHARES IF THEY'RE BEING RENTED ON A DAILY BASIS, RATHER THAN THE ZONING ORDINANCE, DOESN'T TREAT THEM AS THE SAME USE.

CAN YOU COMMENT ON THE NUMBER OF NIGHTS PER YEAR, THIS STR WOULD BE IN OPERATION? UM, YEAH, AS I NOTED IN THE, UH, THE EMAIL, THERE'S NO REQUIREMENT IN THE ORDINANCE AT THE TIME, UM, FOR, FOR A APPLICANT TO SPECIFY AND WE HAVE NOT HAD ANY CONDITION APPROVAL CONDITIONS THAT WOULD INCLUDE THAT THE APPLICANTS ARE HERE THAT CAN ADDRESS THAT OR WHAT THEIR INDIVIDUAL PLANS MAY BE.

OKAY.

I THINK MS. PARK, YOU'VE MENTIONED SOMEWHERE IN THE NARRATIVE ABOUT TWO ARE DEFINED SHORT-TERM RENTALS AND THAT AREA ONCE ABOUT A MILE, A LITTLE OVER A MILE AWAY.

AND THE OTHER ONE IS ABOUT FIVE OR SIX MILES AWAY.

UM, I WORKED ON MY GOOGLE MAPS CORRECTLY, UM, THREE IN THE UPPER COUNTY E DALE AVENUE, WHICH IS PROBABLY A COUPLE MILES FROM HERE, NELSON.

UH, THAT'S IN NELSON CIRCLE, UH, TOM THOMAS ROAD AND CARTER'S NECK ROAD.

SO THE OTHER TWO WERE QUITE A WAYS FROM THIS.

OKAY.

OKAY.

THANK YOU.

AND THEN FOR CLARIFICATION, THOSE ARE APPROVED, ESPECIALLY USE PERMITS FOR TOURS HOME.

I HAVE, I CAN'T TRUST ANY OF THAT MAY NOT HAVE.

OKAY.

ANY OTHER COMMENTS FOR AMY? NO, THANK YOU.

THAT'S PERFECT.

WE HAVE A, UH, MR. WILLIAM BOOTH JR.

UH, HIS SIGNED UP TO SPEAK AT THIS TIME.

WOULD YOU PLEASE STATE YOUR NAME, ADDRESS, AND IT'S FIVE MINUTES, RIGHT? 10 MINUTES.

I KEEP, I KEEP MESSING THAT UP.

I'M SORRY.

I SHOULD, WE NEED 10 MINUTES OF QUESTIONS.

MY NAME'S MATTHEW BOOTH, AND I APPRECIATE THE OPPORTUNITY TO COME IN AND SPEAK WITH YOU THIS EVENING.

UM, MY HOME ADDRESS CURRENTLY IS 1151 DUNKIN DRIVE.

PREVIOUSLY, WE LIVED IN 1149 DUNKIN DRIVE, AND WE'RE ASKING TO BE ABLE TO GET PERMISSION TO USE THAT AS A SHORT-TERM RENTAL, UM, FOR, UM, YEAH, SO SHORT-TERM RENTAL, UM, DON'T KNOW, UH, MAINLY CAME IF I CAN PROVIDE ANY ADDITIONAL CLARIFICATION ON OUR INTENTIONS.

SO MORE MIGHT'VE SIDE WOULD BE FOR ANSWERING QUESTIONS IF THERE ARE ANY, AS OPPOSED TO, UH, RELIEVE WE'VE SUBMITTED IN EVERYTHING THAT WE'VE BEEN ASKED TO AND HAVE PROVIDED THE INFORMATION THAT WE HAVE AVAILABLE TO US.

OKAY.

UH, COMMISSIONERS, ANY COMMENTS, QUESTIONS, OR MISS WELL, MS. PARKER? YES, SIR.

HOW MANY NIGHTS PER YEAR WOULD YOU DO OFF OF THIS SDR FOR? WELL, JUST TO GIVE YOU THE REASON WHY WE STARTED THIS ONE, MY MOM LIVES IN 1147 DUNCAN DRIVE.

SO WE ARE ON BOTH SIDES OF THE PROPERTY.

OCTOBER OF LAST YEAR, MY MOM WAS DIAGNOSED WITH CANCER.

I HAVE MULTIPLE RENTAL PROPERTIES AND OTHER PLACES OR COUNTY WILLIAMSBURG, JUST REGULAR ANNUAL RENTALS.

AND AT THE TIME THAT SHE WAS DIAGNOSED WAS ALSO AT THE TIME WE WERE MOVING FROM 1149 OVER TO 1151.

AT THAT TIME, JUST WITH EVERYTHING SHE WAS GOING THROUGH.

I DIDN'T WANT TO JUST STICK A, YOU KNOW, WHEN YOU SIGN UP FOR A TENANT, ESPECIALLY IN THE COVID ATMOSPHERE THAT WE'VE HAD FOR THE LAST FEW YEARS WHEN YOU'VE GOT THEM, YOU'VE GOT THEM AND THEY'RE THERE FOR AT LEAST A YEAR.

AND, UH, SO MY INTENTIONS WAS AT FIRST WAS EITHER TO LEAVE THE PROPERTY VACANT UNTIL WE KNEW WHAT WAS HAPPENING WITH MY MOM OR TO, UH, TURN IT INTO SOMETHING WHERE WE COULD PERIODICALLY BRING PEOPLE IN.

AND THEN, YOU KNOW, THEY'RE ONLY THERE FOR A SHORT PERIOD OF TIME AND THEN THEY'RE GONE.

SO INTENTION, OBVIOUSLY

[00:15:01]

FROM A BUSINESS PERSPECTIVE, YOU WOULD WANT TO FILL AS MANY NIGHTS AS POSSIBLE.

BUT FROM MY SIDE, PERSONAL AND BUSINESS, WE WANT TO HAVE THE RIGHT TO FILL IT IN 365.

UM, MY PERSONAL INTENTIONS WOULD BE, WE ALSO HAVE BECAUSE OF THE INDUSTRY I'M IN AND REAL ESTATE AND OTHER RENTALS, WE HAVE TIMES WHERE WE WOULD HAVE LONGER THAN 90 DAYS WHERE YOU HAVE AN INSURANCE CLAIM.

SOMEONE'S HOME IS CAUGHT ON FIRE.

THINGS LIKE THAT.

INSURANCE COMPANY SAYS, HEY, DO YOU HAVE A FURNISHED PLACE THAT THEY CAN STAY AT? NOT EVERYBODY WANTS TO STAY IN A RESORT OR A HOTEL THAT WHAT WE SAY IS, YOU KNOW, A HOME AWAY FROM HOME.

SO YOU COME AND IT'S LIKE, YOU'RE IN MAYBE SMALLER HOME, BUT AS A HOME AWAY FROM HOME.

SO OUR REQUEST AND WHAT WE THINK WE WOULD WANT TO DO IS HAVE THE RIGHT TO RENT IT EVERY NIGHT OF THE YEAR, IF THAT'S WHAT WAS PERMITTED AND IF NOT, THEN WE'D WORK WITH THOSE CONSTRAINTS.

BUT PERSONALLY, WE, I WANT TO HAVE IT AVAILABLE FOR WHEN WE WANT TO BRING FAMILY AND TO STAY IN BETWEEN US AT CHRISTMAS TIME OR OTHER TIMES A YEAR.

SO THAT'S THE REASON FOR HAVING THE, THE DIFFERENT TYPE OF USE.

THANK YOU.

OKAY.

ANY OTHER QUESTIONS? ALRIGHT, JP, ANYTHING? NOPE.

I HAVE A COUPLE OF COUPLE, A COUPLE OF QUESTIONS.

YES, SIR.

I'LL DO.

CAUSE HE CAME UP IN OUR LAST MEETING.

HE WAS, AS WE WERE TALKING ABOUT SHORT-TERM RENTALS AND THINGS, DO YOU HAVE LIABILITY INSURANCE THAT WOULD COVER NEIGHBORS OR SOMEBODY IF, IF YOUR RENTER HAD AN ISSUE OR CAUSED A PROBLEM WITH, I DON'T THINK WE HAVE ANY ADDITIONAL INSURANCES NOR DO.

I KNEW THAT ANY OF THOSE ARE PROVIDED FOR ANYTHING OTHER THAN YOU WOULD HAVE FOR A NORMAL RENTAL DWELLING POLICY.

FOR INSTANCES, WE DO, BECAUSE IT'S A SHORT TERM.

YOU HAVE, IF YOU'RE UNDER 28 DAYS, YOU HAVE A LOT, UH, EASIER OF AN OPPORTUNITY TO JUST LIKE IN A HOTEL WHERE YOU CAN LOCK, YOU CAN LOCK OUT.

UH, WHEREAS WHEN YOU HAVE AN ANNUAL LEASE, IF YOU HAVE A BAD TENANT, IT'S REAL HARD TO GET RID OF THEM.

SO UNDER 28 DAYS ACTUALLY MAKES IT EASIER TO GET RID OF SOMEONE WHO'S TROUBLE.

WE DO, UH, KIND OF EXTENSIVELY WHEN YOU'RE DOING SHORT TERM KIND OF, THEY MENTIONED LIKE AIRBNBS AND STUFF LIKE THAT EARLIER AS WHEN YOU'RE USING THOSE KINDS OF FORUMS, YOU HAVE REVIEWS.

SO YOU, AS A POTENTIAL GUEST ARE GOING TO LOOK AT MY REVIEWS AND SEE HOW I'VE, WHAT KIND OF HOME I PROVIDED, WHAT KIND OF SERVICES WE PROVIDE IT.

BUT I ALSO GET TO LOOK AT YOUR REVIEWS AND IF YOU'VE GOT 20 REVIEWS ON THERE AND SIX OF THEM SAY THAT THEY DESTROYED MY HOUSE, THEY WERE HORRIBLE TO MY NEIGHBORS.

WE CAN ACTUALLY DENY THEIR STAY.

RIGHT.

YOU DON'T HAVE TO JUST TAKE THEM A LOT LESS ROOM FOR, UH, YOU KNOW, WHEN YOU'RE RENTING ANNUAL LEASES, YOU MAY HAVE A PREVIOUS LANDLORD TO TALK TO WHEN THEY SAY, WELL, YEAH, THEY PAID OR THEY DIDN'T PAY, BUT YOU DON'T KNOW WHAT THEIR NEIGHBOR SAID.

RIGHT.

SO IT DOES PROVIDE YOU A LITTLE MORE OPPORTUNITY TO KIND OF WEED OUT.

THERE ARE THOSE THAT, YOU KNOW, THEY'RE LOOKING FOR A SPRING BREAK HOUSE.

WELL, WE VERY CLEARLY MULTIPLE TIMES PRIOR TO ACCEPTING AND ACCEPTING, GIVE THEM ARE RULES THAT AS MUCH AS WE WANT TO BE A GOOD HOST, WE'RE GOING TO MAKE SURE THAT WE'RE BETTER NEIGHBORS.

AND THE FACT THAT WE LIVE ON BOTH SIDES.

UM, AND SHE MENTIONED, MS. PARKER MENTIONED THE LETTERS OF SUPPORT OR THE LETTERS OF NEGATIVE THAT HAVE COME INTO PLACE.

WE DO HAVE THE IMMEDIATE SUPPORT OF, OF COURSE WE LIVE ON ONE SIDE AND THE OTHER SIDE, OF COURSE WE APPROVE, BUT THE DIRECT ACROSS THE STREET, NEIGHBORS, OWNERS ARE ALSO AN APPROVAL.

WE DID HAVE A FEW THAT SENT IN SOME NEGATIVES THAT YOU GUYS AGREED THAT ARE FURTHER INTO THE NEIGHBORHOOD.

AND PRIMARILY THEY WERE JUST THAT WHAT I READ WAS THEY WERE JUST AGAINST RENTERS PERIOD OF ANY KIND IS WHAT IT FELT TO ME.

OKAY.

UM, SECOND QUESTION.

I KNOW YOU'VE SAID YOU'VE HAD A SHORT TERM RENTALS AND OTHER LOCATIONS, ET CETERA.

IS THERE A, UH, AN OCCUPANCY RATE KIND OF, THAT YOU'VE SEEN WITH YOUR OTHER RENTALS OR SHORT-TERM RENTALS AND THINGS THAT YOU COULD SHARE WITH, I CAN PROVIDE THAT INFORMATION DATA BETTER THAN I COULD JUST OFF THE CUFF, SAY IT TO YOU.

I, THIS ONE IS A LITTLE BIT DIFFERENT BECAUSE IT'S THE ONE NEXT TO MY HOME AND THAT I WANT TO HAVE USE OF IT FOR, YOU KNOW, HAVE OTHER PEOPLE STAYING THERE AND NOT JUST RENTING OUT FOR IT.

BUT I ALSO DON'T WANT TO JUST LEAVE IT OPEN AND NOT USE IT AT ALL EITHER.

RIGHT.

UM, BUT FAR AS THE OCCUPANCY RATING, THAT'S JUST GOING TO DEPEND ON THOSE, THE THREE OR FOUR OTHER ONES THAT HAVE BEEN APPROVED.

I DON'T KNOW WHAT THEIR OCCUPANCY RATING IS.

CAUSE SOME OF THAT HAS TO DO WITH YOUR SYSTEMS AND HOW WELL YOU DO WHAT YOU DO.

I MEAN, AGAIN, MY INTENTION COULD BE, IF IT'S JUST STRICTLY A SHORT-TERM RENTAL, I DON'T WANT TO PULL ANY PUNCHES.

IF, IF, IF WE WERE ABLE TO RENT IT 365 DAYS A YEAR AND I HAD NO OTHER MOTIVATION, THAT'S WHAT WE WOULD DO.

IF NOT, IF, UNLESS THERE WAS A REASON WHY WE COULDN'T DO THAT, HOWEVER, I WOULD EXPECT THAT WE'LL BE AT LEAST 50% OCCUPIED THROUGHOUT THE PRIOR THE YEAR.

YES, SIR.

MY THIRD QUESTION, I GUESS I WAS A LITTLE BIT CONFUSED WITH, WITH EVERYTHING GOING ON.

WAS THIS PROPERTY ON AIRBNB OR SHORT OR SOME KIND OF, OF A SITE PRIOR TO YES, SIR.

WE, WE, WE, WE, WE, IT WAS PRIORLY LESS IT BEFORE ASKING FOR, UH, GETTING OUR PERMISSION OR LICENSE OR FOR TAXES AND WE WERE CONTACTED AND WE,

[00:20:01]

UH, FOLLOWED AND COMPLIED IMMEDIATELY AFTER THAT.

OKAY.

I COULD GIVE LOTS OF GOOD EXCUSES, BUT NONE OF THEM WOULD BE VALID.

I'D RATHER JUST TAKE THE RESPONSIBILITY FOR OUR ACTIONS.

AND IT WAS A SHORT PERIOD OF TIME, BUT IT JUST KIND OF THINGS GOTTEN AWAY AND IT DIDN'T HAPPEN THE WAY IT WAS.

AND IT'S THE ONLY ONE THAT I HAVE IN YOUR COUNTY.

AND YOUR COUNTY HAS SOME DIFFERENT RULES AND REGULATIONS THAN SOME OF THE OTHER MUNICIPALITIES.

AND, UH, WE JUST KINDA MISSED THE MARK ON THAT ONE.

THEY OUGHT TO FOLLOW OUR LEAD, RIGHT? YES, SIR.

BUT AS SOON AS WE WERE CONTACTED, I CAN'T REMEMBER IF THAT WAS MS. PARKER OR SOMEONE ELSE AT THE COUNTY, BUT THEY CONTACTED AND THAT SAME DAY WE ADJUSTED AND STARTED THE PROCESS TO MAKE SURE WE CAN GET THINGS LEGIT.

OKAY.

YES, SIR.

THANK YOU, MR. BRUCE.

I APPRECIATE IT.

THANKS FOR THE OPPORTUNITY.

I'M GOING TO DO A SECOND.

IF YOU DON'T MIND THIS, WHEN YOU WERE RENTING IT PRIOR TO, UH, TO, UH, SUBMITTING THE APPLICATION, UH, I NOTICED I WENT ON TO AIRBNB AND REVIEWED IT, THIS OR THAT YOU HAD, UM, 15, 18 REVIEWS THAT WERE PRETTY HIGH RATED 4.9, I GUESS, OUT OF FIVE.

MY QUESTION IS, DID YOU HAVE ANY ISSUES OR INCIDENTS, UH, DURING THAT RENTAL PERIOD WITH NEIGHBORS OR NO, SIR.

AND, UH, EVEN THE NEIGHBOR DIRECTLY ACROSS THE STREET, I'M NOT SURE HIS NAME IS TOM, BUT I FORGET HE'S THE ONE DIRECTLY JUST TO THE LEFT.

UH, HE WAS UNAWARE UNTIL I SPOKE TO HIM.

HE'S OH, I DIDN'T EVEN KNOW.

I NOTICED THERE WERE SOME DIFFERENT PEOPLE THERE, BUT, UM, AND THEN OF COURSE HE SAID, I HOPE YOU GET APPROVED.

CAUSE WHEN OUR FAMILY COMES TO VISIT FOR CHRISTMAS AND STUFF THERE, OUR HOUSE IS TOO SMALL FOR THEM TO STAY THERE.

AND WE'D LOVE TO RENT FROM YOU RATHER THAN HAVE THEM STAY AT A HOTEL ACROSS TOWN OR SOMETHING TO THAT DEGREE.

BUT NO, NO ISSUES WITH NEIGHBORS.

I THINK TAKING THE TIME UPFRONT TO SET THE PRECEDENT OF WHAT YOUR EXPECTATIONS ARE.

UM, IF YOU'RE RUNNING A TIMESHARE OR A HOTEL OR SOMETHING LIKE THAT, THERE MAY BE SOME FINE PRINT SOMEWHERE, BUT EVERYTHING WE SEND AND COMMUNICATE AHEAD OF TIME IS DON'T GIVE US YOUR MONEY BECAUSE IF YOU COME AND YOU FOLLOW THOSE ISSUES FOR OUR NEIGHBORS, W YOU WILL BE REMOVED FROM THE PROPERTY IMMEDIATELY.

NOW THEY HAVE TO HAVE THE SAME RIGHTS AS YOU OR I WOULD IN OUR OWN HOMES.

IF THEY WANT TO, YOU KNOW, BE SITTING OUT ON THE BACK PORCH AT SEVEN O'CLOCK AT NIGHT AND, YOU KNOW, DRINKING A GLASS OF WINE, EATING SOME CHEESE, AND THEY CAN DO THAT.

NOBODY CAN SAY, BUT IF THEY'RE LOUD OR BOISTEROUS OR BRING IN, THEY'RE NOT EVEN ALLOWED TO HAVE MORE THAN THEY APPROVE IF THEY SIGN IN FOR SIX PEOPLE, UNLESS THEY ASK FOR APPROVAL TO HAVE 12 PEOPLE OVER SAY, THEY'RE HAVING A BIRTHDAY PARTY IN THE MIDDLE OF THE DAY, THAT WOULD VIOLATE OUR RULES, UH, WHICH THEY COULD EITHER BE FINE FOR OR ASKED TO LEAVE FOR.

NOW, WE WOULDN'T DO THAT JUST FOR, YOU KNOW, IMMEDIATE, BUT THEY HA THEY DON'T HAVE A RIGHT TO HAVE ANYONE STAY ABOVE THE SIX, UM, PEOPLE.

AND, UM, SO, BUT WE HAVEN'T HAD ANY ISSUES, UM, AND ANY, UM, ANY ONES THAT WE COULD POSSIBLY HAVE, BECAUSE AS MUCH AS WE WOULD DO OUR BEST TO ENSURE THAT, YOU KNOW, PEOPLE UNDERSTAND THE RULES.

IF WE WERE TO HAVE SOMETHING THERE'S MYSELF WHO I'M LIVE NEXT DOOR, I HAVE TWO OTHER PARTNERS IN MY GROUP THAT THEY'RE, THEY HAVE OUR NUMBERS 24 HOURS A DAY, SEVEN DAYS A WEEK.

AND WE HAVE FULL-TIME MAINTENANCE AS WELL.

NOT THAT YOU CARE WHETHER WE'RE MAINTAINING THE PROPERTY OR NOT, BUT THEY HAVE A MAINTENANCE IT'S 24 7 IF THERE WERE AN ISSUE.

SO THANK YOU, SIR.

THANK YOU, MR. BRUCE.

THANKS FOR THE OPPORTUNITY.

I APPRECIATE IT.

AND WE'LL BE GLAD TO ANSWER ANY QUESTIONS IF NEED BE OKAY.

I DON'T HAVE ANOTHER, UH, A SPEAKER REGISTRATION FORM FOR ANYONE, BUT GIVEN THAT THERE WAS A NUMBER OF LETTERS, SPORE, AND A NUMBER OF LETTERS AGAINST THIS.

IS THERE ANYONE OUT THERE THAT WOULD WANT TO SPEAK AT THIS TIME? WELL, CNN OR IS PARKER.

OH, YOU'RE JUST GRABBING YOUR MASK.

OKAY.

SOMEONE RAISED THEIR HAND BACK HERE, ONE OVER HERE, BACKWARD.

UH, IF YOU CAN COME FORWARD, PLEASE.

I'VE MOVED INTO YORK TERRACE IN 1986.

OH, I'M SORRY.

THE NAME'S KATHLEEN BRADY AND I RESIDE AT 1196, RICH WINE DRIVE IN YORK TERRACE.

BEEN THERE SINCE 1986 WAS AWAY FOR A LITTLE WHILE.

MY QUESTION IS, UM, TO APPROVE THIS APPLICATION, DOES THAT MEAN THE WHOLE NEIGHBORHOOD? IF, IF OWNERS DECIDED THEY WANTED TO HAVE AN AIRBNB, UH, THAT THIS SORT OF OPENS THAT DOOR TO LET THEM DO IT, AS WELL AS IN APPROVING THIS, EACH APPLICATION IS CONSIDERED ON A CASE BY CASE BASIS.

OKAY.

SO SOME OF OUR CRITERIA IS HOW DENSELY POPULATED SOMETHING IS.

SO, UH, IF SOMEBODY WOULD COME IN AND RIGHT ACROSS THE STREET FROM IT, IT MAY HAVE, I DON'T KNOW FOR SURE, BUT IT MAY HAVE A DIFFERENT IMPACT OR A DIFFERENT OUTCOME THAN THIS ONE WOULD HAVE IT TONIGHT.

SO JUST BECAUSE ONE IS APPROVED DOES NOT MEAN THAT A SECOND ONE WOULD

[00:25:01]

BE APPROVED IN THAT SAME NEIGHBORHOOD.

OKAY.

THAT WAS THE QUESTION THAT MAY OR MAY NOT MEET.

I MEAN, YOU KNOW, IT'S CASE BY CASE BASIS, IT'S A CASE BY CASE BASIS.

OKAY.

THANKS.

OKAY.

UH, I'M GOING TO CLOSE THE PUBLIC PIECE OF THIS, BUT FOR THIS PARTICULAR APPLICATION AND THE COMMISSIONERS CAN DISCUSS IT.

MR. PETERMAN, PUT YOU ON THE SPOT.

YEAH.

UM, I, UH, FIND THE APPLICATION, UM, UH, SUFFICIENT.

UM, MR. BOOTH HAS DEMONSTRATED, UH, THAT HE HAS THE, UH, BUSINESS ACUMEN TO RUN, UM, UH, SHORT-TERM RENTALS.

UM, SINCE HE HAS OTHER RENTAL PROPERTIES, UH, HIS NEIGHBORS, UH, ALL SEEM TO, UH, FEEL GOOD ABOUT THIS, UH, THE IMMEDIATE PEOPLE OF WHERE THIS IS TAKEN PLACE.

UH, THERE IS NOT A DENSITY OF A SHORT TERM, UH, TOURIST HOMES IN THIS AREA.

THIS IS THE FIRST ONE IN THIS NEIGHBORHOOD.

UH, I DON'T SEE A TRAFFIC PROBLEM.

UM, SO, UH, I WOULD SUPPORT THIS, OKAY.

THIS MIRROR.

OKAY.

UH, I JUST WANT TO STAY, I DO THINK IT'S GOOD APPLICATION.

I AGREE WITH THE DENSITY.

I DON'T THINK THAT'S ISSUE.

I THINK THE ISSUE IS THAT THE BOARD, THE COMMISSIONERS, THE, UM, HAVE NOT COME UP WITH RULES AS TO PERCENTS IN THESE NEIGHBORHOODS.

AND I DON'T WANT TO BE CHASING BEHIND TRYING TO FIX THAT.

I'M GOING TO SAY YES, BUT I'M GOING TO SAY THAT IN VERY NEAR FUTURE, I WANT TO SEE SOME LIMITS WHAT THOSE PERCENTS ARE, WHAT THE NEIGHBORS ARE, HOW FAR THEY'RE GOING TO BE SPREAD OUT BEFORE WE DO EXACTLY.

AS THAT LADY SAID, WE GET AHEAD.

WE GET OUR CARP HEAD OF OUR HORSE.

I DON'T WANT TO BE CHASING THAT.

SO YES, IT LOOKS LIKE A GOOD APPLICATION TO ME, BUT I AM GOING TO RESERVE IN THE FUTURE THAT NEED TO DO OKAY.

OKAY.

MR. SMITH, I WOULD ECHO THAT THE, UM, THE APPLICATION IS WELL DONE.

UH, I NOTED THAT THERE WERE SIX, UH, EMAILS RECEIVED, UH, REGARDING THE, THE APPLICATION.

AND IN MY VIEW, FOUR OF THEM WERE IN FAVOR.

ONE WAS AGAINST, AND ONE PROVIDED AN OPINION, BUT DIDN'T STAY EITHER WAY.

AND THEN WITH MY REVIEW OF THE HISTORY OF THE APPLICANT IN OTHER PROPERTIES AND THE RATINGS ON THIS PROPERTY, WHEN IT WAS IN ITS PLACE, UH, AND SECOND IT LOOKING AT THE PRICE POINT, UH, OF THIS PROPERTY.

IT'S, IT'S A BIT, I THINK IT WILL DRAW A DIFFERENT CLIENTELE THAN A TYPICAL HOTEL OR, YOU KNOW, A SHORT TERM RENTAL.

SO I, I THINK HE, HE HAS WHAT WE NEED IN PLACE TO, UH, TO ENSURE THAT IT'S, UH, IT'S A GOOD, GOOD FIT FOR THIS AREA.

SO I WOULD BE IN SUPPORT OF MR. HUBBARD.

I DIFFER FROM, UH, THE FIRST THREE COMMENTS.

UM, YOU KNOW, WHEN I LOOK AT AIRBNB WEBSITE, THERE ARE FOUR RESIDENCES IN YOUR PAIRS THAT ARE ALL BEING RENTED ON A SHORT-TERM BASIS.

I GATHER THAT THEY'RE NOT BEING RENTED LEGALLY, UH, BUT THAT DOESN'T CHANGE THE FACT THAT THERE ARE FOUR LISTED AND I COULD GO INTO ANY ONE OF THOSE FOUR AND SELECT TWO DAYS OR FIVE DAYS OR SEVEN DAYS.

UH, THERE WAS NO, THERE WAS NO LIMIT OR NO CRITERIA THAT, THAT ESTABLISHED THAT IT WAS 90 DAYS.

UM, AND THEN WHEN I LOOK AT THE NUMBER OF TIMESHARES THAT ARE AVAILABLE TO BE RENTED ON A SINGLE DAY OR TWO DAY BASIS IN THAT AREA, THERE'S 64 IN TOTAL, WITHIN A ONE MILE, TWO MILE RADIUS, THAT'S A DENSITY PROBLEM.

THAT'S A, THAT'S A VIRGINIA BEACH DENSITY OF RENTALS AND IT'S TOO MUCH.

AND I'M STRUGGLING WITH THE FACT THAT WE'RE NOT POLICING THE TIMESHARES THE WAY WE SHOULD BE, UH, WHAT SHOULD BE NO DIFFERENT FROM HOW WE'RE DOING SHORT-TERM RENTALS? UH, I THINK THERE'S A TAX ISSUE.

I DON'T, YOU KNOW, LIKE I QUESTIONED WHETHER OR NOT WE'RE GETTING THE TAXATION REVENUE FROM ALL OF THESE, UH, TIMESHARES THAT ARE BEING RENTED ON A DAILY BASIS AS A SHORT-TERM RENTAL.

UM, AND I QUESTIONED WHETHER WE'RE GETTING THE TAXATION FROM THE OTHER THREE HOMES IN NEW YORK, PARIS THAT ARE LISTED ON AIRBNB.

I DIDN'T GO INTO VRBO OR SOME OF THE OTHER WEBSITES THAT OFFER, UH, RENTALS.

UH, I SIMPLY STUCK WITH AIRBNB WHEN I GOT A NUMBER OF 64, UH, UH, WITHIN A TWO MILE RADIUS.

I STOPPED.

THAT WAS A PROBLEM FOR ME.

I AGREE WITH MR. THAT MR. BOOTH HAS DONE NICE WORK.

HIS HOME IS IMPECCABLE.

IT LOOKS, UH, IT LOOKS NICE FROM THE STREET

[00:30:01]

VIEW.

IT'S PROBABLY THREE OF THE NICEST HOMES ON THAT STREET.

I VISITED SEVERAL OF THE NEIGHBORS.

I HAD, UH, I HAD A RESPONSE FROM ONE NEIGHBOR WHO WAS POSITIVE AND IT WAS ACROSS THE STREET, BUT SHE WANTED TO SEE A LIMIT ON THE NUMBER OF DAYS A YEAR THAT YOU'D HAVE VISITORS ROLLING IN AND ROLLING OUT.

AND I DON'T SEE THAT RIGHT NOW.

AND IT, AND I WAS CLEARLY ONE OF THE BIGGEST ISSUES WE FACED ON AUGUST 11TH.

I DON'T HAVE NUMBERS IN FRONT OF ME.

I DON'T HAVE RULES.

AND THEREFORE I'M AT THE POINT WHERE, WHY WOULD I GO FORWARD WITH, UH, ANOTHER, UH, SHARP SUP UH, BEFORE I ESTABLISHED THOSE RULES, I HAVE TO SAY, NO.

OKAY.

WELL, I, UH, I THOUGHT THE APPLICATION WAS WELL PUT TOGETHER AND YOU'VE ANSWERED THE QUESTIONS THAT I HAD, UH, EITHER THROUGH YOUR COMMENTS OR THE ONES I ASKED SPECIFICALLY ABOUT INSURANCE AND OCCUPANCY RATES AND ET CETERA.

UH, I HAVE LESS OF A CONCERN ON, ON OCCUPANCY DAYS AND THINGS THAN MY OTHER COMMISSIONERS, BUT THAT'S OKAY.

UM, I, I'M LOOKING MORE.

IS THERE ANY PROBLEMS THAT'S BEEN PRESENTED BY SHORT-TERM RENTALS IN EITHER TRAFFIC PROBLEMS OR POLICE PROBLEMS OR ANY KIND OF ISSUES LIKE THAT? AND TO MY KNOWLEDGE AT THE MOMENT, THERE HAS BEEN NONE IN, IN YOUR COUNTY, UH, OF ANY OF THOSE KINDS OF ISSUES WITH SHORT-TERM RENTALS.

UH, SO WITH THAT SAID, UM, I'M IN FAVOR OF, UH, THIS APPLICATION, UH, IS THERE ANY OTHER COMMENTS AT THE MOMENT? OKAY.

WOULD YOU CALL THE ROLL PLEASE, OR CALL ME, I NEED A MOTION FOR A PC.

UH, WHAT'S THE NAME OF PC 21 DASH 15 R YEAH.

MR. CHAIRMAN, I MOVE FOR US TO CONSIDER PC 21 DASH 15 ARE THE MOTION BY MR. PENMAN IS TO ADOPT PC 21 DASH 15 ARE TO RECOMMEND APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME IN THE EXISTING DWELLING AT 1149 DUNCAN DRIVE.

MR. SMITH.

YES.

MR. PETERMAN.

YES.

MR. HALLWARD MISLEAD THEM.

I'M GOING TO CHANGE.

I'M GOING TO SAY NO.

MR. TITUS.

YES, THE MOTION PASSES.

OKAY.

UH, WE'LL OPEN UP THE BACK INTO PUBLIC AND TAKE THE NEXT ITEM, WHICH IS, UH, LIKE I SAY, WHEN WILL THIS GO BEFORE THE BOARD MR. CROSS? WELL, I CAN'T TELL YOU FOR CERTAIN BECAUSE WE DON'T CONTROL THE BOARD'S AGENDA.

IT'S REALLY UP TO THE COUNTY ADMINISTRATOR AND THE CHAIRMAN OF THE BOARD.

UM, ORDINARILY ITEMS FROM TONIGHT'S MEETING WOULD GO TO THE BOARD AT THEIR NOVEMBER MEETING, WHICH IS ON THE 16TH.

UH, THERE ARE SOME OTHER AGENDA ITEMS, UH, QUEUED UP FOR THAT MEETING, UH, THAT MIGHT TEND TO OVERLOAD THE AGENDA.

AND SO I, I, I CAN'T TELL YOU WITH ANY CERTAINTY THAT THIS WILL GO FORWARD AT NOVEMBER 16TH.

UM, BUT THAT'S, THAT'S HOW IT WOULD ORDINARILY FLOW.

OKAY.

THANK YOU.

OKAY.

NEXT UP IS OUR, UH, APPLICATION

[Application No. UP-973, Driven Brands, Inc.]

NUMBER IUPY 9 73, UH, DRIVEN BANDS INCORPORATED FOR A SPECIAL USE PERMIT.

HEY, YOU DON'T HAVE TO REMEMBER HOW TO PRONOUNCE YOUR NAME.

S G O R I G STORY.

ALL RIGHT.

OKAY.

SO THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF AN AUTOMOTIVE OIL CHANGE SERVICE BUILDING LOCATED AT 45 0 7, GEORGE WASHINGTON MEMORIAL HIGHWAY ROUTE 17.

THE PROPERTY OWNER IS ABLES VIRTUE, LLC.

THE APPLICANT IS A CONTRACT PURCHASER.

UH, THE SUBJECT PARCEL IS ZONED FOR GENERAL BUSINESS AS ARE ALL OF THE SURROUNDING PARCELS AS FOR THE SURROUNDING DEVELOPMENT TO THE NORTH IS A TWO TENANT RETAIL BUILDING TO THE EAST IS ROUTE 17.

JUST BEYOND THAT AS A RETAIL STRIP CENTER DOWN HERE TO THE SOUTHEAST IS CVS PHARMACY TO THE SOUTH IS ORIANA ROAD.

AND BEYOND THAT AS A MULTI-TENANT RETAIL BUILDING AND TO THE WEST, UH, IS A PARCEL THAT HAS THREE VACANT WAREHOUSES, RIGHT? THE ADJACENT PARCEL TO THE NORTH HOUSE'S GREENS, BARBERSHOP,

[00:35:01]

AND A VACANT STOREFRONT, AND THE RETAIL STRIP TO THE EAST ACROSS 17 INCLUDES HEROES, CHEESE, STEAK, AND SUBS, DRAGON, CHINA, ELITE NAILS, A VACANT STOREFRONT, AND SHERWIN-WILLIAMS PAINTS CVS PHARMACY ACROSS ROUTE 17 TO THE SOUTHEAST, ACROSS ORIANA TO THE SOUTH, UH, STARBUCKS COFFEE SUPERCUTS, AND YOUR CLEANERS.

AND HERE YOU CAN SEE ON THE ADJACENT PARCEL TO THE WEST, UH, THREE VACANT WAREHOUSES.

UH, HERE'S ANOTHER VIEW OF THEM AS WELL.

UH, THE 0.62 ACRE CORNER PARCEL WAS PREVIOUSLY OCCUPIED BY A GAS STATION THAT WAS DEMOLISHED ABOUT 20 YEARS AGO, PREVIOUS EFFORTS TO REDEVELOP THE PARCEL AS A FLOWER SHOP IN 2002, A CARWASH IN 2007 AND A CONVENIENCE STORE AND GAS STATION IN 2017, NEVER CAME TO FRUITION.

AUTO REPAIR USES, INCLUDING OIL CHANGE SERVICE STATIONS ARE PERMITTED IN THE GENERAL BUSINESS ZONING DISTRICT UPON THE APPROVAL OF A SPECIAL USE PERMIT.

THE SITE IS LOCATED ALONG ROUTE 17 AND THUS THE SUBJECT TO THE CORRIDOR WILL RELATE.

DISTRICT PROVISIONS.

THESE ARCHITECTURAL STANDARDS ARE INTENDED TO PROTECT AND ENHANCE THE VISUAL CHARACTER OF THE CORRIDOR.

ONE PROVISION OF THE ORDINANCE STATES THAT BAY DOORS THAT OPEN TOWARD ROUTE 17 SHOULD BE AVOIDED SUCH FEATURES WHETHER FRONT SIDE OR WE ARE FACING SHALL BE BUFFERED FROM VIEW FROM OUT 17 ADJACENT ROADWAYS AND DEVELOPMENT BY ARCHITECTURAL ELEMENTS OR EVERGREEN LANDSCAPING.

THE APPLICANT'S BUILDING ELEVATIONS SHOW THREE BAY DOORS ON BOTH THE NORTH AND SOUTH BUILDING PHASES TO SCREEN THE BAY DOORS.

THE APPLICANT IS PROPOSING A SCREENING WALL SINCE THE WALL ALSO MUST ADHERE TO THE ROUTE 17 CORRIDOR OVERLAY.

DISTRICT PROVISIONS, A CONDITION OF APPROVAL HAS BEEN INCLUDED TO REQUIRE THE WALL, BE CONSTRUCTED OF ARCHITECTURAL BLOCK AND PAINTED TO MATCH THE BUILDING, THE DESIGN AND COLOR SCHEME OF THE PROPOSED BUILDING AND SCREENING WALL AS MODIFIED, UH, DO MEET THE, THE ROUTE 17 ARCHITECTURAL STANDARDS.

THE APPLICANT'S SKETCH PLAN SHOWS A 1400 SQUARE FOOT BUILDING FACING ORIANA ROAD.

A SCREENING WALL MEASURING EIGHT FEET IN HEIGHT IS CONNECTED TO THE SOUTHEAST CORNER OF THE BUILDING, THE SCREENING WHILE IT'S DONE SOUTH AND CURVES TOWARD THE WEST PARALLEL TO ORIANA ROAD TO SHIELD THE VIEW OF THE BAY DOORS TO PROVIDE ADDITIONAL SCREENING.

THE LANDSCAPE PLAN SHOWS EVERGREEN PLANTINGS IN FRONT OF THE WALL, UH, AND DECIDUOUS TREES ALONG THE SOUTHWEST AND SOUTHEAST CORNERS OF THE PROPERTY.

THE APPLICANT IS PROPOSING TO SCREEN THE NORTH FACING BAY DOORS WITH EXISTING EVERGREEN TREES SUPPLEMENTED BY AN ADDITIONAL ROW OF EVERGREEN TREES AND DECIDUOUS THREE DECIDUOUS TREES ON THE NORTHEAST CORNER TO SUFFICIENTLY SCREEN THE BAY DOORS DURING THE FALL AND WINTER SEASONS, A CONDITION OF APPROVAL HAS BEEN INCLUDED TO REQUIRE EVERGREEN TREES, UH, IN THE NORTHEAST AND SOUTHWEST CORNERS OF THE PROPERTY.

THE APPLICANT HAS PROVIDED THE CONCEPT RENDERING IN PERSPECTIVE VIEW.

UH, SO THIS RENDERING SHOWS THE VIEW FROM ACROSS ORIANA ROAD.

AND THIS ONE IS A VIEW FROM THE INTERSECTION OF ORIANA AND ROUTE 17.

THE PROPOSED USE CAN BE EXPECTED TO GENERATE AN AVERAGE OF 120 TOTAL WEEKDAY VEHICLE TRIPS, INCLUDING NINE IN THE AMP, GOWER AND 15 IN THE PM PEAK HOUR.

THE APPLICANT IS INDICATED THAT TAKE FIVE OIL CHANGE FACILITIES, TYPICALLY AVERAGE ONLY 40 VEHICLES PER DAY.

THE OIL CHANGE SERVICE BUILDING WOULD HAVE TWO POINTS OF ACCESS, A FULL ENTRANCE AND EXIT ON BOTH ROUTE 17 AND ORIANNA ROAD.

B D HAS INDICATED THAT AN ACCESS MANAGEMENT WAIVER, A RIGHT TURN LANE WARRANT ANALYSIS, TRAFFIC INFORMATION, AND AN ASSESSMENT OF IMPACTS ON THE SIGNAL OPERATION WILL BE REQUIRED DURING THE SITE PLAN.

REVIEW STAFF HAS INCLUDED THESE REQUIREMENTS AS A CONDITION OF APPROVAL IN THE PROPOSED RESOLUTION.

SO PREVIOUS EFFORTS TO DEVELOP THIS PROPERTY HAVE BEEN HAMPERED BY ITS SMALL SIZE AND LACK OF SIGNIFICANT STREET FRONTAGE, WHICH GIVEN ITS PROXIMITY TO THE INTERSECTION OF ROUTE 17 AND ORIANA ROAD, MAKE IT DIFFICULT TO DESIGN ACCESS POINTS THAT DON'T CONFLICT WITH THE INTERSECTION.

HOWEVER, THE PREVIOUS I'M SORRY, THE PROPOSED USE IS A LOW TRAFFIC GENERATOR AND THUS IS UNLIKELY TO SIGNIFICANTLY IMPACT THE ADJACENT ROADWAYS, THE ARCHITECTURAL DESIGN AND COLOR SCHEME OF THE BUILDING COUPLED WITH THE PROPOSED SCREENING WALL AND LANDSCAPING WOULD BE AN AESTHETICALLY PLEASING ADDITION TO THIS CORNER, WHICH HAS REMAINED VACANT FOR SO LONG BASED ON THE CONSIDERATIONS AND CONCLUSIONS AS NOTED STAFF RECOMMENDS THAT THE COMMISSION FORWARD THIS APPLICATION TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION OF APPROVAL SUBJECT TO THE CONDITIONS SET FORTH AND PROPOSED RESOLUTION NUMBER PC 21 DASH 16.

AND I'M HAPPY TO ANSWER ANY QUESTIONS I CAN AND THE APPLICANT IS HERE

[00:40:01]

AS WELL.

OKAY.

WELL THANK YOU, COMMISSIONER IS ANY COMMENTS DISCUSSION? YUP.

YUP.

THAT'S THE ONLY ONE.

AND I DON'T KNOW IF THIS IS WITHIN OUR PURVIEW TO EVEN LOOK INTO THAT, BUT IS THERE ANY CONCERN OVER OVERDEVELOPMENT OF SIMILAR, UH, THE SUBTLETIES? I KNOW WE JUST RECENTLY OPENED A SIMILAR FACILITY BY THE WALMART.

UH, WE HAVE THE TWO EXISTING CARWASH FACILITIES HAVE OIL CHANGING, UH, BASE, AND THOSE THAT ARE WITHIN WHAT A MILE.

UH, I DON'T KNOW IF THERE'S ANY CONCERNS OVER THAT OR IF THAT'S A CONSIDERATION THAT WE'RE EVEN THE, WITHIN OUR PURVIEW.

I MEAN, I HAD SIMILAR CONCERNS.

THAT'S ONE OF MY QUESTIONS I HAD DAD.

DID YOU HAPPEN TO KNOW HOW MANY OLD CHANGE FACILITIES ARE WITHIN A COUPLE OF MILES OF THIS ONE? I DO NOT.

I MEAN, I COUNTED THE SAME ONES, LIKE THREE OR FOUR, JUST FAIRLY CLOSE, BUT OKAY.

AND I KNOW IT'S AN OLD GAS STATION 20 YEARS AGO.

MY QUESTION, EVERY TIME ABOUT GAS STATIONS, THE THINGS, DO YOU KNOW IF THE OLD GAS TANK HAS BEEN REMOVED? WE BELIEVE SO.

IT WAS, UM, REQUIRED IN THE ORDINANCE AT THE TIME THAT, UM, THAT THEY VACATED.

UM, THERE ARE, UH, WHEN THE CARWASH CAME IN, UM, THEY PUT IN WATER RECLAMATION TANKS.

SO I ASSUME IN ORDER FOR THOSE TO BE THERE, THERE, THE GAS TANKS WOULD HAVE HAD TO BEEN REMOVED.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? THE, UH, APPLICANT I THINK IS HERE, JONATHAN, UH, DOZER.

YES.

MY NAME IS JONATHAN DOZER.

I'M LIVE AT 5, 9 63 BEACH WALK DRIVE IN VIRGINIA BEACH, VIRGINIA.

UH, JUST WANT TO START BY SAYING GOOD EVENING, THANK YOU TO THE COMMISSIONERS.

UM, AND THANK YOU TO, ESPECIALLY TO JEANNIE AND, UH, EARL FOR THEIR HELP, UH, GETTING INTO THIS PROJECT TO THIS POINT.

UM, JUST A LITTLE BIT ABOUT DRIVEN BRANDS.

UH, THEY ARE A FAMILY OF AFTERMARKET AUTOMATED, UH, SERVICE COMPANIES, UM, WITH OVER 4,100 LOCATIONS ACROSS IN, UH, NORTH AMERICA.

THE FAMILY OF BRANDS INCLUDES MEINEKE CAR CARE CENTERS, UH, MAACO AUTOMOTIVE TRAINING INSTITUTE, UH, TAKE FIVE CAR WASH IN ADDITION TO THE TAKE FIVE OIL CHANGE.

UM, WE ARE EXCITED FOR THE OPPORTUNITY TO DEVELOP THIS, UH, UNDER UTILIZE A CORNER LOT, UH, WITHIN THE AESTHETIC AND ENHANCED LANDSCAPE TO SITE.

UM, IF YOU GUYS HAVE ANY QUESTIONS, PLEASE LET ME KNOW.

OKAY.

THAT'S IT.

UH, QUESTIONS.

I HAD A COUPLE OF QUESTIONS.

SO, SO THE QUESTION'S ASKED EARLIER ABOUT UNDERGROUND STORAGE TANKS THEY'VE BEEN REMOVED.

YES, WE, WE HAVE HAD A PHASE ONE ISA, A REPORT ON, UM, THE GAS THINGS HAVE BEEN REMOVED.

THE ONLY TANKS THAT ARE CURRENTLY ONSITE, UM, IS LIKE JAMIE SAID THE UNDERGROUND STORAGE TANKS FOR THE RECLAMATION OF THE CARWASH.

UH, BUT THOSE WILL BE REMOVED PRIOR TO CONSTRUCTION OF THE TAKE FIVE OIL CHANGE.

AND WHAT'S YOUR SPILL PLAN FOR, UH, UH, SO THE, UM, TAKE FIVES THEY HAVE, UH, IT'S BASICALLY JUST THE PITS WHERE EVERYTHING WOULD DRAIN TO, UH, THEY HAVE, UH, UNDERGROUND STORAGE TANKS THAT, UM, WILL HOLD ANY USED OR SPILLED OIL AS WELL.

UM, THEY DO HAVE A SMALL OIL WATER SEPARATOR.

UM, THAT'S JUST CONNECTED WITH THE UTILITY SINK, JUST FOR MOPS AND CLEANING UP ANY MINOR SPILLS.

BUT IF ANYTHING, SPILLS, IT WILL BE GOING DOWN INTO THE ACTUAL PIT AND DRAIN OUT TO THE UNDERGROUND STORAGE TANKS.

LIKE, AND THAT STORAGE TANK IS EMPTIED, I GUESS, ABOUT HOW LONG, UH, I BELIEVE, UH, MONTHLY OR SO, BUT I, YOU KNOW, THAT DEPENDS ON, UM, THE USAGE AND, UH, WHICH REGION I BELIEVE.

OKAY.

QUESTIONS ON THIS SIDE, WHEN YOU DID YOUR MARKET RESEARCH, DO YOU KNOW HOW MANY OIL CHANGE FACILITIES ARE WITHIN A COUPLE OF MILES? UH, THAT I DO NOT KNOW.

UM, I'M ACTUALLY WITH THE CIVIL ENGINEER FOR THE PROJECT, WE'LL BE DOING THE SITE DESIGN AND LANDSCAPE ARCHITECT.

UM, AND I'M HERE ON BEHALF OF THE APPLICANT, BUT I KNOW THAT THEY HAVE DONE THEIR RESEARCH AS FAR AS YOU KNOW, UM, WHICH MARKETS THEY'RE TRYING TO GET INTO.

AND I HAVE ONE MORE QUESTION GIVEN THAT THERE'S GOING TO BE A LOT OF ELECTRIC VEHICLES SUPPOSEDLY IN THE NEAR FUTURE.

UH, HOW WILL THAT IMPACT THIS BUSINESS? WE HAVE A KIND OF, UH, LOOKING OUT FIVE, 10 YEARS FROM NOW, AND WE DON'T WANT EMPTY FACILITIES AGAIN.

OKAY.

AND THAT, THAT'S THE GIST OF THIS QUESTION.

SO IF YOU HAVE A LOT OF ELECTRIC VEHICLES, IT WON'T BE USED IN THIS FACILITY.

I DON'T THINK, UH, IS THERE ANY, ANY THOUGHTS ON THAT?

[00:45:01]

UM, YOU KNOW, I, I WOULD AGREE THAT DEFINITELY THE TREND IS GOING TOWARDS ELECTRIC VEHICLES, BUT I THINK WE ARE STILL QUITE A FEW YEARS OUT FROM THAT, UH, FULL TRANSITION.

UM, SO THERE'S STILL, I WOULD SAY AT LEAST 10, 15 YEARS, UM, UH, GASOLINE AUTONOMOUS MY CAR.

SO IT JUST BE GETTING USED TO THAT TIME.

OKAY.

THANK YOU, MR. GEORGIA.

OKAY.

IS THERE ANY OTHER COMMENTS FROM ANYBODY? OKAY.

I WANT TO CLOSE THE PUBLIC, BRINGING IN TO THE COMMISSIONERS FOR DISCUSSION TO START OVER THIS SIDE.

YEAH.

I COULD START WITH YOU MS. FREEDOM, MARTIN, IF YOU WANT, UH, BASICALLY YOU ARE BASICALLY A OBJECT.

I DON'T THINK YOU'VE EVER OPENED THE PUBLIC HEARING.

AND WE HAVE ASKED FOR PUBLIC COMMENT.

WELL, I DID.

I THOUGHT I DID.

I THOUGHT I DID.

I DIDN'T HAVE ANY, ANY FORMS. AND SO I THOUGHT I'D CLOSED THE PUBLIC HEARING AND GO TO OUR PRIVATE HEARING.

OKAY.

SO I'VE BEEN HERE, UM, WHEN WE'VE PREVIOUSLY TRIED TO, UH, UM, PUT SOMETHING ON THIS PROPERTY AND, AND IT FAILED.

UH, SO IT'S BEEN HERE A WHILE.

SO, UM, ANY DEVELOPMENT ON THIS PROPERTY IS BETTER THAN WHAT IT CURRENTLY IS? UH, I THINK IT FITS, UH, THE AREA.

UH, I THINK THE LANDSCAPING IS, UH, WELL DONE, SO IT WILL LOOK RIGHT ON ROUTE 17, THE WAY THEY HAVE SHOWN IT.

SO, UM, UM, ON FOR THIS.

OKAY.

EXCUSE ME.

I JUST HAVE A QUESTION WHO MONITORS THAT LANDSCAPING ONCE WE SAY, OKAY, HOW DO WE KNOW THAT IT'S INSTALLED AND MAINTAINED? THAT'S JUST A QUESTION.

I WANT TO TURN THAT OVER THAT ZONING AND CODE ENFORCEMENT SO WE CAN TAKE A COMPLAINT OR SOMETHING FROM NEIGHBORS, GENERALLY, UH, COMPLAINT DRIVEN.

UM, YEAH, WE HAVE A PRETTY SMALL STAFF.

WELL, AND THEY ALSO HAVE TO SIGN OFF ON, ON THE SITE BEFORE THEY'RE ISSUED A CERTIFICATE OF OCCUPANCY.

AND MY NEXT QUESTION WOULD BE, HOW DO WE MONITOR? WE BOOK SEVERAL PEOPLE BROUGHT UP THAT WE DON'T OVERBUILD THIS TYPE OF FACILITY.

HOW WE MONITOR THAT, OR WILL THAT BE OUR JOB? I DON'T HAVE AN ANSWER FOR IT.

IT'S ALWAYS BEEN AD HOC, UH, TO DATE.

IT SEEMS TO ME, BUT, UH, OKAY.

SO PROBABLY BE SOMETHING WE SHOULD ASK FOR AND WE SHOULD ASK FOR, OR AT LEAST KEEP IT, KEEP INVOLVED.

LIKE I ASKED WHAT'S HOW MANY HE'S WITHIN A MILE OR TWO MILES OR SOMETHING LIKE THAT.

ALL RIGHT.

OKAY.

THEN I'M I'M I AGREE.

IN FACT, MR. PETERMAN MAKES SOME VALID POINTS AND I WOULD AGREE WITH THAT A HUNDRED PERCENT OF BEHIND THIS PROJECT.

LET ME COMMENT, I WOULD ADD IS I THINK CAPACITY IS COMMENT THAT WE NEED TO BE BUILDING INTO ALL OF THESE SUBMISSIONS, EACH MEETING, WHETHER IT BE STRS, WHETHER IT BE THIS TYPE OF ENVIRONMENT, ET CETERA.

I THINK THAT'S A MESSAGE BACK TO OUR PLANNING STAFF TO ASK THAT QUESTION OF YOURSELF IN THE APPLICATIONS AS THEY COME FORWARD, I'M SUPPORTIVE OF THIS.

AND I THINK IT MAKES SENSE FOR THIS CORNER.

I THINK IT, UH, AS, AS MR. PETERMAN SAYS, IT'S BEEN A VACANT CORNER FOR A LONG TIME IT'S TIME.

YEAH, I AGREE TOO.

I THINK IT'S A VACANT QUARTER THAT NEEDS TO BE FIXED AND REPAIRED.

MY ONLY CONCERN WITH THE WHOLE THING WAS THE 2040 COMP PLAN.

AND WHAT'S COMING OUT IN THAT AS FAR AS ELECTRIC VEHICLES AND GOING FORWARD IN THE FUTURE, WHETHER THE CAPACITY WILL BE, WILL BE, UH, THERE WON'T BE ENOUGH CAPACITY TO KEEP THE FACILITY OPEN IN, YOU KNOW, 10 YEARS GIVEN THAT ELECTRIC VEHICLES AND WHAT'S GOING ON.

I COULDN'T THINK OF ANOTHER, UH, ANYTHING ELSE THAT WOULD GO IN THAT I DON'T, I'M NOT SMART ENOUGH TO FIGURE OUT WHAT'S GOING TO GO ANYWHERE.

BUT, UH, SO I WAS JUST, THAT WAS MY CONCERN.

UH, WAS IT GOING TO BE, UH, IN, IN COMPLIANCE OR IN THE SAME DIRECTION AS THE 2040 COMP PLAN WHEN IT COMES OUT? OKAY.

THAT'S THAT WAS MY ONLY THOUGHT COMMENT, UH, WITH THAT SAID YOU CAN HAVE, INTERCHAIN A, UH, ENTERTAIN, I SHOULD SAY, A REQUEST TO APPROVE THAT PC 21 DASH 16, MR. CHAIRMAN, I'D LIKE TO, UH, MOVE THAT WE CONSIDER PC 21 DASH 16.

A MOTION BY MR. PEERMAN IS TO ADOPT PC 21 DASH

[00:50:01]

16 TO RECOMMEND APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF AN AUTOMOBILE OIL CHANGE BUILDING LOOKY THAT APT 45 0 7 GEORGE WASHINGTON MEMORIAL HIGHWAY.

MR. PETERMAN.

YES.

MR. HOLROYD MISLEAD THEM.

YES.

MR. SMITH, MR. TITUS, THE MOTION PASSES.

AND AGAIN, MR. CROSS, WILL THIS POTENTIALLY GO NOVEMBER 16TH BOARD MEETING OR ESSENTIALLY IS THE OPERATIVE WORD THERE? YES.

OKAY.

OKAY.

WELL THAT SAID THAT, UH, CLOSES THE PUBLIC HEARINGS FOR THIS SESSION.

UH, IS THERE ANY

[7. Old Business]

OLD BUSINESS? OKAY.

IS

[8. New Business]

THERE ANY NEW BUSINESS I'D LIKE TO RAISE A NEW BUSINESS? OKAY.

63 OR 64 SHORT TERM RENTALS WITHIN A VERY SMALL RADIUS.

THANKS THE QUESTION OF WHAT DO WE, WHAT DO WE NEED TO DO TO MONITOR THAT SITUATION? SEVERAL OF THE, SEVERAL OF THE UNITS OPERATING IN YORK TERRORISTS, I BELIEVE ARE, UH, OPERATING WITHOUT A PERMIT.

UH, W AS I GO INTO THE AIRBNB SITE, THERE'S JUST, THERE'S JUST TOO MANY POPPING UP, UM, CONCERN, YOU KNOW, AS WE TALK ABOUT, UH, COLONIAL WINESBURG, UH, VISITOR CENTER BEING CONVERTED TO A SPORTS USE, UH, OF COURSE, ALL THREE, UH, COMMUNITIES HAVE GONE FOR HAVE VOICED SUPPORT FOR DOING THAT.

THERE'S GOING TO BE AN OVERWHELMING NEED FOR A WEEKEND VACANCIES.

AND I SEE SHORT-TERM RENTALS TAKING OFF IN OUR AREA.

CLEARLY I ECHO WHAT MARY HAS SAID.

WE NEED SOME VERY CLEAR GUIDELINES AND RULES.

I THINK IN TERMS OF NEW, NEW BUSINESS, I WOULD LIKE TO SEE THE COUNTY GO BACK AND ANALYZE THESE 64 UNITS.

AND ARE THEY THERE UNDER ACCEPTABLE TERMS? UH, DO THE TIMESHARES NEED TO HAVE A SPECIAL USE PERMIT? UH, ARE WE GETTING THE TAX MONEY FROM THESE, UH, FROM THE SHORT-TERM RENTALS? I THINK THAT'S A, THAT'S A QUESTION THAT SHOULD COME BACK TO THIS COMMISSION AS A, AS A STUDY OF THIS, THIS ENTIRE ISSUE.

OKAY.

I, UH, COMMENTS ON AD OR ANYTHING.

WELL, UM, I THINK MR. HALL ALREADY, IT IS CONFUSING, UM, TOURIST HOMES WITH APPROVED DEVELOPMENT OF, UM, UH, VACATION RENTAL UNITS.

AND, UH, THERE ARE CERTAIN CONDITIONS THAT ARE THERE IN THE ZONING FOR THEM, AND IT IS DIFFERENT FROM TOURIST HOMES.

A TOURIST HOME IS A DEVELOP A HOME THAT IS USED A SINGLE DWELLING HOME.

IT IS NOT A, UM, MULTIPLE, UH, COMPLEX WHERE YOU GO IN AND RENT, UM, PLACES.

AND WILLIAMSBURG HAS LOTS OF THEM BECAUSE IT'S A DESTINATION TOURIST DESTINATION, BUT IT IS NOT, IT DOESN'T CONFLICT WITH TOUR STONES.

THE CLIENTELE WAS ENTIRELY DIFFERENT.

I UNDERSTAND THAT POINT, BUT TIMESHARES ARE TYPICALLY SOLD TO PEOPLE ON A WEEKLY BASIS AND THEY HAVE THAT SAME TIME SHARE YEAR AFTER YEAR.

WHAT WE'RE SEEING IS THESE UNITS ARE BEING RENTED ON ONE AND TWO DAY BASIS, AND THAT'S DIFFERENT FROM BEING A TIMESHARE OWNER AND GOING IN AND USING YOUR HOME FOR THE ONE WEEK PER YEAR THAT YOU'RE ALLOWED TO USE THAT HOME.

IT'S, IT'S CLEARLY FALLING INTO THE TRAP OF BECOMING A SHORT-TERM RENTAL AND, AND WITH SHORT TERM RENTALS, THERE ARE CERTAIN TAXATION AND CERTAIN, UH, REQUIREMENTS TO BE MET THAT I'M NOT SURE THAT WE'RE SEEING THAT FROM THE, UH, FROM THE TIMESHARE UNITS.

I THINK THERE'S A FOLLOW-UP ISSUE HERE TO START THIS UP.

SO I'M GOING TO MAKE A SUGGESTION THAT YOU CAN CHECK WITH THE COMMISSIONER OF REVENUE'S OFFICE AND SEE IF THEY'RE PAYING THEIR TAXES.

THAT'S NOT HARD TO DO, UH, AS FAR AS, UH, YOU KNOW, LOOKING FOR, UH, ILLEGAL OPERATORS, THERE'S A STAFF MEMBER IN THAT OFFICE, THE COMMISSIONER OF REVENUE'S OFFICE, UH, WHO MONITORS THOSE WEBSITES.

AND, UH, WHEN SHE DISCOVERS ONES THAT ARE OPERATING ILLEGALLY IN THE COUNTY THAT ARE ACTUALLY SHORT TIME RENT, SHORT TERM RENTALS, THEN, UH, SHE TURNS IT OVER

[00:55:01]

TO ZONING AND EITHER THEY STOP OR THEY APPLY FOR A USE PERMIT, UH, WE'VE HAD BOTH SITUATIONS OCCUR, UH, BUT THAT'S HOW WE'VE BEEN ADDRESSING THAT ISSUE.

OKAY.

THANK YOU, MR. CROSS, THE ISSUE WOULD BE WHETHER WE WANT AN ACTION ITEM OR NOT, BUT I THINK IT KIND OF ANSWERED THAT.

I, YOU KNOW, I TAKE THE OPPOSITE THING, YOU KNOW, IF I WAS KING FOR THE DAY SHORT-TERM RENTALS WOULD BE A MATTER OF RIGHT.

AND NOT GO THROUGH THIS WHOLE, WHOLE ISSUE OUT HERE.

MARY DOESN'T AGREE WITH ME AT ALL.

PROBABLY MOST OF YOU DON'T, YOU KNOW, YOU'RE LOOKING AT 90 DAYS, 90 DAYS, 89 DAYS, YOU HAVE A PROBLEM.

I MEAN, SO IT'S, IT BECOMES WHAT I A FOLLOW UP IF HE FOUND 64 UNITS THAT HE BELIEVES ARE IN VIOLATION, WHERE DO WE GO WITH THAT 64 UNITS IN VIOLATION? THAT'S WHAT I SAY, 64 UNITS, BUT INCLUDED TIMESHARE UNITS.

YEAH.

THAT'S WHAT WE'RE TALKING ABOUT.

OKAY.

ARE THEY ADVERTISING THESE ON BRBO AND AIRBNB UNITS IN KINGSTON? I, I WENT INTO AIRBNB WEBSITE AND THERE WERE 63 UNITS PLUS THE, UH, THE APPLICANTS UNIT.

SO TOTAL OF 64 THAT YOU'RE TALKING ABOUT, THEY'RE ALL IN, UM, LIKE KINGS CREEK UNITS THAT ARE AVAILABLE KINGS CREEK, UH, PARKSIDE WAS ARCSIGHT.

AND, UH, AND THEN THERE'S A TOTAL OF FOUR IN YORK TERRORISTS.

I, I DO BELIEVE MR. CROSS THAT WE HAVE SOME ACTION ITEMS BASED ON THE 11 AUGUST MINUTES AND THAT WE PROBABLY RIGHT.

WE'RE GOING TO BE COMING BACK TO YOU ALL, UH, WITH SOME SUGGESTIONS BASED ON THE CONSENSUS OF THE COMMISSION ON THOSE ITEMS THAT WERE RAISED, UH, AUGUST THE LAST OKAY.

INCLUDING THE ONE THAT TALKED ABOUT, UH, UH, MR. BARKER BARNETT TALKED ABOUT, UH, C HE'D HAVE TO STUDY THE QUESTION AND QUESTION IS ABOUT, UH, JUST A MINUTE.

THIS, ANYONE CAN THEY'RE FROM MY, TAKE A RISE, PRIVATE RESEARCH.

THE ISSUE HAS ACTUALLY IT'S ON LIKE THE THIRD PAGE THERE, MR. BARTLETT.

AND I JUST KNOW THAT IT WAS A, HE ASKED TO COME BACK TO THE ISSUE AT THE TOP OF PAGE 1, 2, 3, 4, 5, TOP OF PAGE FIVE.

IT HAS MR. CRINER AND MR. BARTLETT BARNETT RATHER.

AND HE HAD, HE RES YOU WOULD HAVE TO STUDY THE ISSUE AND GET BACK WITH THE COMMISSION ON THAT.

SO THAT'S KIND OF AN ACTION ITEM IF YOU DIDN'T SEE THAT BEFORE.

AND THERE WAS ANOTHER ONE, UM, RIGHT.

WE NEEDED TO, UH, CONTACT SOME OF THE STR OPERATORS AND GET THEIR INPUT ON THE SUGGESTION ABOUT A LIMITATION ON THE NUMBER OF RENTALS AND HOW THAT WOULD AFFECT THEIR BUSINESSES.

SO I JUST SAW A COUPLE OF THEM.

THAT'S ANOTHER FOLLOW-UP ITEM.

THAT WOULD BE PART OF THAT.

OKAY.

SO WE GOT THAT.

THAT WAS THE ONLY THING I HAD POTENTIALLY NEW BUSINESS, UH, STAFF REPORTS.

[9. Staff Reports/Recent Actions by the Board of Supervisors]

UH, THANK YOU, MR. CHAIRMAN.

OKAY.

UM, BOARD OF SUPERVISORS APPROVED THE WATER BUS TRANSFER FACILITY ON MORTON ROAD, UH, AT IT'S OCTOBER 5TH MEETING.

UM, THEY WILL NOT MEET ON OCTOBER 19TH, WHICH IS YORKTOWN DAY.

UH, THE NEXT BOARD MEETING, AS I MENTIONED WILL BE NOVEMBER 16TH.

AGAIN, WE'RE NOT ENTIRELY SURE ABOUT THE AGENDA FOR THAT MEETING.

AS FAR AS THE PLANNING, COMMISSION'S NOVEMBER 10TH AGENDA, WE HAVE ONE APPLICATION AND THAT IS A REQUEST FOR A REZONING OF A 0.4 ACRE PARCEL.

UH, JUST ABOUT AT THE END OF BACK CREEK ROAD WHERE IT INTERSECTS SHIRLEY ROAD.

UH, THE REQUEST IS TO REZONE IT FROM RURAL RESIDENTIAL TO WATER ORIENTED COMMERCIAL INDUSTRIAL.

AND THAT IS THE ONLY APPLICATION ON THE AGENDA FOR THAT MEETING.

OKAY.

THANK YOU.

I REPORT MR. CROSS.

I, I DO HAVE A QUESTION.

OKAY.

UM, ON, UM, I NOTICE UNDER SUBDIVISION PLAN SUBMITTED THE FENTON MILL, UH, ONE, UH, THAT IS, UH, OF COURSE, UH, UH, ONE THAT CAME TOWARDS THE PLANNING COMMISSION AND BOARD OF SUPERVISORS FOR A MUCH LARGER, UH, SO THIS IS THE PROPOSAL BY, RIGHT.

IS THAT CORRECT? THAT IS CORRECT, SIR.

YES, NO, IT'S FIVE, RIGHT?

[01:00:02]

YEAH.

THEY'RE DEVELOPING UNDER THE EXISTING ZONING.

SO IT DOESN'T REQUIRE NO, NO, NO.

IT'S A BI-RITE SUBDIVISION.

IT'S A ADMINISTRATIVE REVIEW ONLY.

OKAY.

ANY OTHER QUESTIONS? GOTCHA.

OKAY.

ANY COMMITTEE REPORTS?

[10. Committee Reports]

I DON'T MR. KING'S NOT HERE.

UM, MR. KING'S NOT HERE.

UH, SO I GUESS I'LL A REPORT FOR THE YORK 2040 COMMITTEE.

THAT'S OVERSEEING THE COMP PLAN REVIEW.

WE DID HAVE TWO, UH, LAND USE FORUMS, PUBLIC INPUT FORUMS IN SEPTEMBER OH ONE ON THE FIRST AND ONE ON THE 15TH, UH, COMBINED ATTENDANCE WAS 88.

WE HAD SOME PEOPLE ATTENDED THOSE MEETINGS.

SO WE HAD 77 ACTUAL INDIVIDUALS, UH, ATTEND THOSE, INCLUDING SOME OF YOU ALL I KNOW MR. SMITH WAS THERE, UH, FOR ONE NIGHT, MR. HOLROYD, UH, AND MR. KING OF COURSE WAS, WAS THERE.

UH, SO, UH, YEAH, WE HAD A PRETTY GOOD TURNOUT AND WE'RE GONNA, WE'RE PULLING TOGETHER A SUMMARY REPORT ON THOSE MEETINGS AND IT WILL INCLUDE, UH, UH, THE COMMENTS THAT WERE, UH, THAT WERE RECEIVED AND RECORDED.

AND SO THAT SHOULD BE POSTED ON THE AGENDA IN THE, OUR HONEY HUNTINGTON ON THE WEBSITE AND THE COMP PLAN WEBSITE IN THE NOT TOO DISTANT FUTURE.

UH, THE COMP PLAN COMMITTEE DID NOT MEET IN OCTOBER.

UH, WE NEEDED TIME TO DIGEST EVERYTHING THAT, THAT, UH, WE, UH, TOOK IN, IN SEPTEMBER.

UM, BUT WE DO ANTICIPATE, UH, HAVING A MEETING IN NOVEMBER, WHICH WOULD BE THE FIRST WEDNESDAY, NOVEMBER 3RD.

THAT'S ALL I HAVE.

THANK YOU, MR. CROSS, IS THERE

[11. Commission Reports and Requests]

ANY OTHER COMMISSIONER REPORTS, YOUR REQUESTS LIKE THAT? SO LET'S ADJOURN THE MEETING.

OKAY.

I DON'T HAVE A GAVEL SANITATION.