[1. Call to Order]
[00:00:05]
I CALLED THE ORDER OF THE DECEMBER 8TH, 2021 REGULAR MEETING OF THE YORK COUNTY PLANNING COMMISSION.
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 RESPONSIBILITY IS EXERCISE THROUGH RECOMMENDATIONS, CONVEYED BY RESOLUTION OR OTHER OFFICIAL MEANS ON ALL OUR MATTERS OF PUBLIC RECORD.
THE COMMISSION IS COMPRISED OF CITIZEN VOLUNTEERS APPOINTED BY THE BOARD, REPRESENTING EACH VOTING DISTRICT AND TWO AT LARGE MEMBERS.
MR. SMITH, MR. PETE, OR MAN HERE.
MR. CHAIRMAN, YOU HAVE THANK YOU MS. STANFORD LEGENDS LEGION.
IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
[4. Approve Minutes – November 10, 2021]
NEXT ON THE AGENDA IS THE APPROVAL OF THE MINUTES FROM THE NOVEMBER 10TH MEETING.IS THERE ANY COMMENTS, CHANGES, RECOMMENDATIONS, OR ANYTHING ELSE? MR. CHAIRMAN? I MOVE.
SO MOVED IF, TAKE A ROLL CALL, THE MOTION I'M BAD.
I MISSED HER CRIME NURSE TO ADOPT THE MINUTES OF THE REGULAR MEETING ON NOVEMBER 10TH, 2021.
[6. Citizen Comments]
OUR NEXT ON THE AGENDA IS THE CITIZENS COMMENTS AND GOOD EVENING TO EVERYONE OUT THERE FOR THEIR CITIZENS.PART OF THIS, WE DO HAVE ONE, UH, ONE REQUEST REGISTRATION SPEAKER REGISTRATION FORM.
HEY RICHARD, HOW DID YOU COME FORWARD, PLEASE STATE YOUR NAME AND ADDRESS AND GOOD EVENING.
I LIVE AT 1 0 4 HORSESHOE DRIVE.
UH, TONIGHT I WOULD LIKE TO PROPOSE A PROCEDURAL CHANGE, AN OPERATIONAL CHANGE FOR THE PLANNING DIVISION PLANNING COMMISSION AND THE HANDLING OF A SUP APPLICATIONS FOR STRS.
UM, WHAT BROUGHT ABOUT THIS THOUGHT TRAIN WAS THE FACT THAT WE HAVE TWO SEPARATE FUNCTIONS WITHIN THE COUNTY STAFF.
WE HAVE THE COMMISSIONER OF THE REVENUE AND THE TREASURER'S OFFICE WHO ARE RESPONSIBLE TO IDENTIFY STR OPERATIONS, WHICH ARE OPERATING UNPERMITTED.
UM, THEY THEN PROVIDE NOTICE THROUGH THE CODES AND COMPLIANCE OFFICE, AND THEN THERE'S A PROCESS THEY GO THROUGH IN WHICH THEY ESTABLISH HOW MUCH TO ASSESS IN THE WAY OF TAXES AND FEES BEFORE THE TREASURER'S OFFICE CAN ACTUALLY GO INTO THE COLLECTION PROCESS, LEAST THIS MY UNDERSTANDING OF THE PROCESS IN THE MEANTIME, HOWEVER, THE APPLICANT COULD COME FORWARD, EVEN THOUGH THEY WERE OPERATING ON PERMITTED PREVIOUSLY AND APPLY FOR, UH, AN SUP FOR THE SDR OPERATION, AND THAT CAN ACTUALLY BE COMPLETED AND GO INTO OPERATION PRIOR TO THE ACTUAL ASSESSMENT AND OR COLLECTION BEING COMPLETED.
NOW, IT STANDS TO ME THAT AS COUNTY OFFICIALS, WE WOULD WANT TO BE SUPPORTIVE ACROSS THE BOARD AND ACT IN UNISON WITH THE OTHER MEMBERS OF THE COUNTY STAFF, UH, AS SUCH, I WOULD RECOMMEND THAT WE MAKE A PROCEDURAL CHANGE SUCH THAT WE WILL ACCEPT, BUT HOLDING A BANCE S T R FOR SUP FOR STR APPLICATIONS UNTIL SUCH TIME AS THE TREASURER HAS PROVIDED CONFIRMATION OF RECEIPT OF ALL DO TAXES AND FEES.
THIS IS A MUTUALLY SUPPORTIVE PROCESS AND WHAT PUT THE COUNTY PLANNING DIVISION PLANNING COMMISSION, COMMISSIONER OF THE REVENUE AND THE TREASURER'S OFFICE IN SYNC ON THIS MATTER.
WE'LL TAKE IT UNDER ADVISEMENT AND SEE WHAT WE, WHAT CAN BE DONE.
[00:05:01]
ON THE AGENDA IS,[Application No. UP-974-21, Bryan Randall]
UH, PUBLIC HEARINGS AND THERE'S FOUR OF THEM.THE FIRST ONE UP IS FOR APPLICATION P 9 74 DASH 21 DISPLAY BRIAN RANDALL.
AND I THINK, UH, HERE WE ARE, BE GLAD TO DO THIS.
UH, THIS IS AN APPLICATION FOR A TOURIST HOME IN AN EXISTING SINGLE FAMILY DWELLING LOCATED AT 1445 PENNAMEN ROAD.
UM, APPLICANT'S PROPERTY IS, UH, OUTLINED IN RED ON A PEDIMENT ROAD, SURROUNDED BY THE PENNIMAN EAST COMMON AREA TO THE SOUTH AND WEST.
UM, THE, UH, SINGLE FAMILY DWELLING TO THE RIGHT IS ACTUALLY THE HOME OF, UH, WELL, IT'S HIS MOM, BUT SHE'S ALSO GOING TO BE THE MANAGER OF, UH, OF THE, UH, TOURIST HOME ACROSS PENNAMEN ROAD IS THE OUT OF SERVICE, UH, US NAVY, RAILROAD AND BUSH INDUSTRIAL PARK BEYOND THAT ZONING IS A HIGH DENSITY, R 13 HIGH DENSITY, SINGLE FAMILY RESIDENTIAL, UH, ACROSS PEDIMENT IS ECONOMIC OPPORTUNITY WHERE THE, THE INDUSTRIAL PARK IS THE HOUSE.
UH, PROPERTY IS ALSO, UH, WITHIN THE HISTORIC RESOURCES MANAGEMENT OVERLAY BECAUSE THE HOUSE IS WAS MORE THAN 50 YEARS OLD WHEN WE HAD OUR ARCHITECTURAL EVALUATION DONE, UH, IN 2001, IT IS NOT ELIGIBLE FOR LISTING ON ANY NATIONAL HISTORIC REGISTERS OR STATE REGISTERS.
SO THE APPLICATION ISN'T AFFECTED BY THAT COMPREHENSIVE PLAN DESIGNATES THE SUBJECT PROPERTY FOR HIGH DENSITY, RESIDENTIAL SCENARIO.
UM, AGAIN, THE PROPERTY HIGHLIGHTED IN RED, UM, YOU KNOW, THERE'S A HEAVY TREE COVER BETWEEN THEM AND THE, UH, INDUSTRIAL PARK ACROSS THE ROAD.
AND THIS IS JUST A DETAIL OF THAT.
JUST NOTE LONG DRIVEWAY, PLENTY OF PARKING ON THERE.
SO PHOTOGRAPHS OF THE AREA, THIS IS LOOKING WEST DOWN PENNAMEN ROAD AND THE OPPOSITE EAST DOWN PENNIMAN ROAD, APPLICANT'S PROPERTY, UH, ON THE RIGHT, THE BLUE HOUSE AND LOOKING ACROSS, UH, TOWARD THE, UH, INDUSTRIAL PARK IN THE RAILROAD SIDE VIEW, UH, OF THE APPLICANT'S HOUSE AND THE OPPOSITE SIDE, THAT SHED IN THE BACKGROUND, THERE IS A PART OF THE SUBDIVISION THAT THEY'RE ADJACENT TO IN BETWEEN THE COMMON AREA.
AND AGAIN, LOOKING DOWN THE ROOFS ACROSS THE WAY THERE IS, IS PART OF THE ADJACENT SUBDIVISION.
AND THIS IS STANDING IN THE BACK, LOOKING TOWARD THE BACK OF THE HOUSE.
I, A SURVEY, THE APPLICANTS SUBMITTED, UH, YOU'LL NOTE THERE'S SOME, UH, UH, WELLS CALLED OUT ON THE BACK.
THERE IS, UH, IT IS SERVED BY A PRIVATE WELL, AND, AND WE DO HAVE A PROPOSED APPROVAL CONDITION THAT IT BE REVIEWED AND, AND, UM, VERIFIED THAT WATER IS SAFE AND AVAILABLE, YOU KNOW, APPLICABLE SAFETY FEATURES FOR THE STATE.
AND JUST ANOTHER, UH, SKETCH PLAN TO SHOW WHERE THE TWO DWELLINGS ARE RIGHT NEXT TO EACH OTHER.
SO APPLICANTS, FLOOR PLAN, SINGLE SINGLE STORY HOUSE, ONLY 600 SQUARE FEET, TWO BEDROOMS, A BATHROOM FAMILY, AND DINING ROOM, AND THE KITCHEN SUMMARY, 600 SQUARE FOOT SINGLE STORY DWELLING.
IT WOULD BE A WHOLE HOUSE RENTAL.
THERE WOULD BE NO RENTALS OF INDIVIDUAL BEDROOMS, TWO BEDROOMS, KITCHEN DINING, LIVING IN BATHROOM, MAXIMUM OF FOUR GUESTS AT ANY ONE TIME.
AND AS I NOTED, THE MANAGER, UM, WOULD RESIDE IN THE, AT THE ADJACENT HOUSE, UM, FOR OFF STREET PARKING SPACES ARE REQUIRED AND THERE'S MORE THAN ENOUGH ROOM ON THE PARCEL FOR THAT TRAFFIC IS NOT EXPECTED TO BE AN ISSUE HERE.
YOUR AVERAGE HOUSE, UM, WOULD HAVE AN AVERAGE OF 9.6 DAILY TRIPS.
AN ADDITIONAL 10.6 WOULD BE ESTIMATED DAILY TRIPS FOR A TOURIST HOME IN ACCORDANCE WITH THE, UM, INTERNATIONAL TRANSPORTATION INSTITUTE.
UH, PENNIMAN ROAD CARRIES AN AVERAGE OF 2,900 VEHICLE TRIPS PER DAY.
SO WE DON'T THE ADDITION FROM THE, UH, TOWARDS TOWN WOULDN'T WOULDN'T, UH, HAVE ANY ADVERSE EFFECTS, UM, OTHER TOURIST HOMES
[00:10:01]
IN THE AREA.THERE IS A ONE ON ONE 13 E-TAIL, WHICH WE'RE GOING TO GET TO LATER ON THAT THAT IS, UH, AN EXISTING APPROVED THAT, UH, APPROVED TOURIST HOME ONE AND A HALF MILES AWAY.
AND THEN 1149 DUNKIN DRIVE IS UNDER CONSIDERATION.
THE PLANNING COMMISSION REVIEW THAT RECOMMENDED APPROVAL.
AND THAT IS SCHEDULED FOR HEARING BEFORE THE BOARD OF SUPERVISORS.
LATER THIS MONTH CONCLUSION, WE FEEL THE OPERATIONS CONSISTENT WITH PREVIOUSLY APPROVED TOURS, TONES.
THAT MANAGER WOULD BE, UM, IN THE ADJACENT DWELLING DURING THE TIMES OF RENTALS.
UH, WE DON'T FEEL THERE'D BE ANY ADVERSE IMPACTS TO THE SURROUNDING AREA CONDITIONS WITH LIMITED TO SMALL SCALE, ALSO THE SIZE OF THE HOUSE, KEEP IT SMALL SCALE.
AND WE WOULD RECOMMEND APPROVAL IN ACCORDANCE WITH RESOLUTION NUMBER PC 21 DASH 20.
AND I WOULD KNOW WE DID GET A, UH, CORRESPONDENCE FROM PENDLETON EAST HOMEOWNERS ASSOCIATION, UH, THAT WAS RECEIVED AFTER THE HEARING WAS POSTED.
AND YOU DID GET A COPY OF THAT, WHERE THEY, UH, UH, WERE AGAINST THE APPLICATION WITH THAT.
IS THERE A WAY YOU COULD SUMMARIZE THAT THOSE COMMENTS THAT CAME IN OR I CAN WAIT UNTIL YOU HAVE SOMEBODY ELSE ANSWERED, BUT ANYWAY, UM, FROM THE HOMEOWNERS ASSOCIATION, SO THE HOMEOWNERS ASSOCIATION THAT THEY FELT THERE WERE SOME ISSUES WITH, UH, TRESPASS ONTO THE HOMEOWNERS ASSOCIATION PROPERTY THAT IS ADJACENT TO THAT.
UH, AND THERE WAS ALSO SOME MENTION OF FEAR OF, UH, MARIJUANA USE ON PART OF THE, UH, RESIDENTS.
COMMISSIONER, DO YOU HAVE ANY COMMENTS, QUESTIONS FOR THIS BARTER? I D YOU SAID THE OWNER'S NEXT DOOR IT'S ACTUALLY THE OWNER'S MOTHER, IS THAT CORRECT? YES.
AND, UM, THE, WELL, HOW ARE YOU GOING TO FOLLOW UP WITH THE WELL, IS, IS THERE IS A CONDITION OF APPROVAL THAT WE RECEIVE WRITTEN VERIFICATION BEFORE PENINSULA HEALTH DISTRICT BEFORE YOU ISSUED BEFORE, BEFORE THE, UH, OR BEFORE IT GOES TO THE BOARD OF SUPERVISORS? NO.
BEFORE THE, THEY CAN START TO USE.
SO IN OTHER WORDS, THEY WOULD APPLY IT TWO DAY RENTAL.
IS THAT WHAT I READ HERE? EXCUSE ME, TWO DAYS MINIMUM.
SO ACCORDING TO THE APPLICANTS, YOU'RE GOING TO HAVE A LOT OF IN AND OUT TRAFFIC, IF YOU'RE GOING TO DO TWO DAYS.
IS IT 360 DAYS? I MEAN, FULL YEAR RENTALS, YES.
IT'S A MINIMUM, MINIMUM OF TWO, RIGHT.
AND YOU DIDN'T HAVE ANY OTHER SUPPORT FROM ANY NEIGHBORS OR ANYBODY ELSE WITH A NEGATIVE OPINION? IS THAT WHAT YOU SAID? YES.
THE ONE LETTER WAS THE ONLY ONE WHERE YOU RECEIVED.
THAT'S PARKER YOU'RE, UM, INDICATED THAT, UH, THE SUP WOULD, WOULD FOLLOW WITH THE PROPERTY.
MOST OF OUR DISCUSSIONS LATELY HAVE, UH, CENTERED ON, UM, ISSUING THE PERMIT TO THE INDIVIDUAL, HAS THE INDIVIDUAL, IN THIS CASE ACCEPTED A CHANGE OR, OR A RECOMMENDATION OF THE SUP BEING WITH THE PERSON RATHER THAN THE PROPERTY, HE RECEIVED A COPY OF THE PROPOSED RESOLUTION, THE RESOLUTION, AS IT STATES TODAY IS FOR THE SHORT TERM RENTAL APPROVAL TO GO WITH THE PROPERTY.
EVEN IF IT'S SOLD DOESN'T CHECK ITEMS ON TC NUMBER 21 DASH 29, IT SAYS UPON TERMINAL EXPIRE.
SO EXPIRES ACCORDING TO OUR NOTES.
MR. ANY COMMENTS DIFFERENT, CORRECT.
THAT'S THE COST OF ME KNOCKING.
THERE'S A SPEAKING REGISTRATION FORM FOR MR. BRIAN RANDALL.
SHE COME FORWARD AND PLEASE STATE YOUR NAME AND THE ADDRESS.
GOOD EVENING, BRIAN RANDALL, UH, 14 4500 ROAD, WILLIAMSBURG, VIRGINIA 23 1 8 5.
UM, TURN IS TRYING TO GET A SPECIAL USE PERMIT, UH, FOR THE PROPERTY AS MS. AMY EXPLAINED, UH, REALLY JUST IF YOU HAD ANY QUESTIONS, UH, FOR ME AS THE HOMEOWNER HAD BEEN A HOMEOWNER SINCE 2008, THE HOUSE NEXT DOOR, WHICH BELONGS TO MY MOTHER IS HOUSE.
I GREW UP IN, UH, SO ALL THAT WHOLE PROPERTY IS BEEN IN A FAMILY BEFORE DENISE WAS EVEN BUILT.
UM, SO THAT'S BEEN IN THE FAMILY FOR A LONG TIME.
[00:15:01]
I'VE OWNED THAT PROPERTY AS YOU CAN SEE, I'M JUST RENOVATING THE PROPERTY.UM, AND BEFORE I DECIDED TO MOVE A TENANT IN THERE, I THOUGHT THAT IT WOULD MAY BE A GOOD EXPERIENCE TO TRY A SHORT-TERM RENTAL.
WE'LL ASK THE COMMISSIONERS THAT THEY HAVE ANY QUESTIONS THAT YOU OKAY.
I WOULD JUST ASK THE SAME QUESTION THAT MARY HAS ASKED.
HOW MANY NIGHTS A YEAR WOULD YOU PLAN ON, UH, ON RENTING OUT THE, WELL, I MEAN, AS A SHORT-TERM RENTAL, I MEAN, I WOULD LIKE TO RENT IT OUT AS MANY NIGHTS AS POSSIBLE.
UM, SEEING THAT, THAT WOULD DETERMINE HOW LUCRATIVE IT COULD BE.
I MEAN, IT'S STILL A MORTGAGE THAT HAS TO BE PAID.
SO, I MEAN, WITHOUT ANY TENANT IN THERE OR ANYBODY IN THERE RENTING FOR THAT NIGHT, I MEAN, THERE'S, THERE'S NO PAYMENT, SO, UH, THAT'S AS MANY AS POSSIBLE WOULD BE THE ANSWER TO THAT QUESTION.
DID YOU SEE THE COMMENTS FROM THE HOA? YES, I DID.
IS THERE ANYTHING YOU CAN DO TO MITIGATE THOSE CONCERNS THAT THE HOA HAS? UM, WELL, ONE OF THE CONCERNS, I BELIEVE THE FIRST CONCERN WAS ABOUT THE TRESPASSING.
UM, I GUESS THE COMMON AREA, UH, NO, THERE IS NO FENCE, UH, WITHIN MY BACKYARD, AS YOU COULD SEE THE, THE BUSH AREA, IT PRETTY MUCH COVERS UP.
IT'S NOT IN A STONE'S THROW IN DISTANCE.
YOU REALLY CAN'T COMING OUT MY BACKYARD.
YOU REALLY HAVE TO GO AROUND THE BUSH IN ORDER TO GET TO THE OTHER HOUSES.
UM, AS FAR AS BEING A FENCE BUILT THERE, THERE'S NEVER BEEN AN ISSUE WITH, YOU KNOW, TRESPASSING OR ANYTHING.
NEVER BEEN, UH, A COMMENT FROM THEM COMING OVER SAYING, WE SHOULD BUILD A FENCE.
AND IF IT WAS, I FEEL LIKE THEY SHOULD, THEY SHOULD BUILD A FENCE.
I MEAN, IF THEY WANT TO, I MEAN, PART OF THAT'S THEIR LAND AS WELL.
UM, THE SECOND ABOUT THE MARIJUANA USE, I MEAN, I'M, I'M REQUIRING THAT THE, UH, THE SHORT TERM RENTAL BE NON-SMOKING.
UM, SO IF, UH, I DON'T PLAN ON YOUR MARIJUANA BEING THERE, IF YOU SMOKED IN THE SHORT TERM RENTALS, NOT FOR YOU.
UM, I DON'T KNOW, W THERE'S NOTHING THE COUNTY IS GOING TO FORCE YOU TO DO ON EITHER ONE OF THOSE THAT I'M AWARE OF, BUT A POSSIBILITY OF PUTTING SOMETHING IN YOUR RENTAL AGREEMENT THAT WOULD STATE EXPLICITLY THAT THE HOA PLAYGROUNDS AND COMMON AREAS ARE, ARE NOT, UH, ARE PRIVATE PROPERTY.
AND THEN THAT, THAT, YOU KNOW, YOU'RE NOT GOING TO TOLERATE LEGAL MARIJUANA OR DRUG USE KIND OF THING.
UH, MAYBE YOU CAN PUT THAT IN YOUR OP OP AND YOUR OPERATING RENTAL AGREEMENT OR SOMETHING LIKE THAT.
I'VE SEEN THAT IN OTHER, IN OTHER AGREEMENTS.
WE'VE, WE'VE TALKED ABOUT THAT.
NOT AN ISSUE, ANYTHING ELSE? OKAY.
IS THERE A, IS IT BRAXTON, RANDALL, HAVE A SPIKE OR A REGISTRATION FORM? THE SAME SUBJECT HERE FOR A, I DON'T THINK IT'S A BRIAN RENTAL AGAIN, BUT I LOOKED LIKE A BR X A N.
WHAT'S YOUR ADDRESS? I'M SORRY, I JUST READ IT BACKWARDS.
THE NAME IS MICHAEL BOLDED AND I'M SORRY, THIS IS MICHAEL BOLTON THAT YOU COME FORWARD, PLEASE STATE YOUR NAME AND ADDRESS.
AND FIVE MINUTES, FIVE MINUTES.
YOU HAVE FIVE MINUTES, THREE MINUTES.
I'M AT THE 2 0 1 HIGH POINT ROAD, UM, RIGHT BEHIND THAT PROPERTY.
UM, WE KIND OF SHARE THE SAME BACKYARD, COMMON AREA, AND I HAVE TWO YOUNG GIRLS AND WE JUST DON'T LIKE THE IDEA OF PEOPLE IN AND OUT NIGHTLY.
LIKE YOU SAID, THERE'S NO LIGHTING.
AND, YOU KNOW, JUST, YOU KNOW, MARIJUANA USE IS EVERYWHERE.
LIKE YOU SAY, YOU KNOW, THEY CAN COME OUT ON THE BACK PORCH, SMOKE THAT, YOU KNOW, HAVE A PARTY.
AND I GOT, YOU KNOW, YOUNG GIRLS THEY'RE IN THE HOUSE.
AND, YOU KNOW, I JUST ASKED THE BOARD TO DENY THIS APPLICATION, YOU KNOW, FOR SCREENS IS COMING IN AND OUT ALL YEAR, YOU KNOW, 365 DAYS A YEAR.
YOU KNOW, WE HAVE A QUIET NEIGHBORHOOD, QUIET SUBDIVISION, AND WE ONLY NEED ANOTHER HOTEL IN THE NEIGHBORHOOD, IN MY OPINION.
IF YOU HAVE ANY QUESTIONS FOR ME, ANY QUESTIONS, MAKE SURE YOU JUST WANTED TO KNOW WHERE, WHERE YOU SAY YOU LIVE IN RELATION TO THE APPLICANT.
I'M THE SECOND HOUSE AROUND THE CORNER FROM THE NEIGHBORHOOD.
[00:20:01]
FROM MY BACKYARD.UH, YEAH, FOR MARIJUANA USE, THERE'S REALLY NOTHING WE CAN, WE CAN DO UP HERE.
AND AS FAR AS THE, THE FENCING AND THINGS LIKE THAT, FIRST OF ALL, I APPRECIATE YOU COMING FORWARD.
AND THERE IS A CONCERN WITH MARIJUANA THAT IT WAS LEGALIZED IN WHAT WAS IT, JUNE OR JULY THIS PAST YEAR IN THE STATE FOR A SMALL AMOUNT.
SO, UH, THAT'S WHEN HE ISSUED THE TRAFFIC GOING BACK AND FORTH, MAYBE THE HOA YOU SHOULD ENTER, MAYBE THEY CAN PUT UP THE FENCE, THEY CAN GO ACROSS THERE AND THEN, THEN PUT PRIVATE PROPERTY SIGNS ON THAT AS A POSSIBILITY.
BUT YOU'D HAVE TO TAKE OUT TO YOUR HOA AND TRY TO GET THEM TO, UH, SPRING FOR THE MONEY TO PUT THAT UP.
CAUSE THERE'S A, THERE'S PRETTY, THERE'S A GAP BETWEEN ONE, ONE LITTLE FOREST AREA AND ANOTHER WOODS AREA THAT, YOU KNOW, TO PUT A FENCE ACROSS THERE.
UH, IT PROBABLY BLOCKS EVERYBODY.
THEY DON'T WANT TO WALK THROUGH THE WOODS AND, UH, BUT WE ALL HAVE CONCERNS ABOUT DRUGS AND THINGS AND, AND, AND KIDS, UH, BUT IT ALSO, YOU COULD BE ANYBODY ELSE CAN RENT THAT HOUSE FOR A LONG TERM AND THEY COULD BE, THEY COULD SMOKE.
SO IT'S NOT JUST A SHORT-TERM RENTAL ISSUE.
IS THERE ANY OTHER COMMENTS? ANYBODY? NO, THANK YOU.
CLOSE THE PUBLIC MEETING ON THIS PARTICULAR SUBJECT.
SO WILL COMMISSIONERS CAN TALK AMONG THEMSELVES.
MIGHT WANT TO SEE IF THERE'S ANYBODY WHO DOES.
I'M GLAD YOU'RE KEEPING ME ON TRACK THERE.
ANYBODY ELSE WANTS TO SPEAK ON THIS SUBJECT ON THIS APPLICATION, PLEASE COME FORWARD.
RICHARD HOWL 1 0 4 HORSESHOE DRIVE.
UH, WE JUST POINTED OUT, UH, ITEM NUMBER NINE AND THE, AND THE WRITE-UP ON THIS ONE HAS A TYPO IN THE ADDRESS.
SO IF YOU'RE GOING TO SEND THAT FORWARD, PLEASE SEND IT FORWARD WITH THE CORRECT ADDRESS SHOULD BE 1, 4, 4, 5, I BELIEVE.
AND PC 20 DASH 21 OR THE RIGHT EPISODE ITEM NINE.
AND THE REST OF THE RESOLUTION IS CORRECT.
40 47 IS THE APPLICANT'S MOTHER'S HOUSE.
WAS CONDITIONS ON A SINGLE CONDITION BASICALLY, RIGHT.
ANY COMMENTS NOW? WELL, I CONTINUE TO BE CONCERNED ABOUT RENTING UNITS FOR EXTENDED PERIODS OF TIME.
AND WHEN I HEAR A, AN APPLICANT ASKING FOR AN ENTIRE YEAR, I THINK THAT'S BEYOND, UH, BEYOND WHAT WE WERE CONSIDERING IN TERMS OF GUIDELINES.
UM, THE, UM, THE INFORMATION WE HAD FROM OTHER DISTRICTS, UH, SUCH AS, UH, HENRICO COUNTY WAS 104 NIGHTS A YEAR.
THERE WERE SEVERAL OTHER DISTRICTS IN THIS, IN THE, UH, IN THIS GEOGRAPHY THAT, UH, LIMITED THE NUMBER OF NIGHTS PER YEAR THAT, UH, SHORT-TERM RENTALS COULD BE APPLIED.
WHEN I SEE AN APPLICANT COME FORWARD AND ASK FOR 365 DAYS, I JUST THINK IT'S INCONSISTENT WITH WHERE WE NEED TO HEAD WITH THE GUIDELINES.
SO I ENTERTAIN A MOTION TO ACCEPT MORE OTHER COMMENTS THAT'S FOR ME, I WOULD MOVE THAT A WE FORWARD PC 21 DASH 20 ONTO THE BOARD OF SUPERVISORS, THE MOTION BY MR. CRINER TO ADAPT PC 21 DASH 22 RECOMMEND APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST TONE.
AND THEN AN EXISTING DWELLING OUT 1, 4, 4, 5 PENNAMEN ROAD.
[Application No. UP-975-21, Pablo Campero Rojas]
WE'LL GO BACK INTO A PUBLIC HEARING ON APPLICATION NUMBER UPP 9 7 5 DASH 21, UH, PABLO ROJAS.WHEN WILL IT GO BEFORE THE BOARD? I'M NOT GOING TO HAZARD A GUESS ON THAT.
[00:25:01]
UH, WE HAVE A HEAVY AGENDA TONIGHT.UH, WE ALREADY HAVE SOMETHING, A PREVIOUS APPLICATION IN THE QUEUE FOR THE JANUARY BOARD MEETING, UH, UNDER THE NORMAL SCHEDULE YET IT WOULD BE THE JANUARY 18TH BOARD MEETINGS, BUT THAT WILL BE UP TO THE COUNTY ADMINISTRATOR AND THE CHAIRMAN OF THE BOARD OF SUPERVISORS TO DECIDE.
WELL, THAT HOLD TRUE FOR THE REST OF IS TONIGHT.
WE ARE ON, UH, APPLICATION 9 75 DASH 21.
HEY, THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME AND AN EXISTING SINGLE FAMILY DETACHED DWELLING LOCATED AT 3 0 6 YORK DOWNS DRIVE.
IF GRANTED THE APPLICANT WILL MAKE ONE BEDROOM IN HIS HOME AVAILABLE FOR RENT, THIS APPLICATION WAS SUBMITTED FOLLOWING ISSUANCE OF A NOTICE OF VIOLATION IN AUGUST OF 2021 TO THE PROPERTY OWNERS FOR OPERATING A TOURIST HOME WITHOUT AN APPROVED SPECIAL USE PERMIT.
AT THE TIME, THE NOTICE WAS ISSUED, THE PROPERTY HAD BEEN LISTED ON THE AIRBNB WEBSITE.
THE LISTING HAS SINCE BEEN REMOVED, RIGHT? THE 0.3 ACRE PROPERTY IS ZONED FOR PLANNED DEVELOPMENT.
AS ARE THE SURROUNDING PARCELS.
THE PROPERTY IS LOCATED ACROSS YORK DOWNS DRIVE FROM THE YORKSHIRE DOWNS, COMMUNITY CLUBHOUSE POOL AND TENNIS COURT.
THE ADJACENT PROPERTY TO THE EAST HOUSES, A YOUR COUNTY PUMP STATION TO THE SOUTH AND WEST ARE BOTH SINGLE FAMILY DETACHED HOMES.
YOU CAN SEE THE PUMP STATION ON THE LEFT AND THE SINGLE FAMILY DWELLING ON THE RIGHT.
UH, THIS IS THE POOL CLUBHOUSE AND TENNIS COURT ACROSS YORK DOWNS DRIVE HERE.
YOU CAN GET A BETTER VIEW OF THE ADJACENT PROPERTY.
UH, PARCEL BOUNDARIES FOR PARKING SPACES ARE REQUIRED FOR THE PROPOSED USE THE EXISTING PAVED DRIVEWAY ON THE PROPERTY, WHICH MEASURES ABOUT 18 FEET WIDE AND 46 FEET LONG CAN EASILY ACCOMMODATE THE REQUIRED NUMBER OF SPACES.
THERE'S ALSO AN ATTACHED TWO CAR GARAGE, THE 2,400 SQUARE FOOT.
TWO STORY DWELLING IS THE APPLICANT'S PRIMARY RESIDENCE.
THIS FLOOR PLAN SHOWS THE FIRST FLOOR OF THE HOME.
GUESTS WILL BE ALLOWED IN THE KITCHEN AND DINING ROOM.
ON THE SECOND FLOOR, YOU CAN SEE THE ROOM AND BATHROOM DESIGNATED FOR TRANSIENT OCCUPANCY.
SO A TYPICAL SINGLE FAMILY, DETACHED DWELLING GENERATES AN AVERAGE OF 9.6 VEHICLE TRIPS PER DAY, WHILE NO TRIP GENERATION DATA IS AVAILABLE FOR SHORT-TERM RENTALS.
SIMILAR USES FOR THIS DATA, UH, IS AVAILABLE.
UM, OUR TIMESHARE UNITS, WHICH GENERATE AN AVERAGE OF 10.6 TRIPS PER DAY AND MOTEL ROOMS, WHICH GENERATE AN AVERAGE OF 9.1 TRIPS PER DAY.
THE NUMBER OF PEAK HOUR TRIPS FOR BOTH OF THESE USES IS LESS THAN ONE STAFF BELIEVES THE PROPOSED TOURIST HOME WOULD NOT HAVE A NOTICEABLE IMPACT ON YORKTOWN'S DRIVE, WHICH ACCORDING TO 2020 VIETA ESTIMATES CARRIES APPROXIMATELY 500 VEHICLES PER DAY.
THE APPLICANT HAS OFFERED THE FOLLOWING RESTRICTIONS.
HE WILL BE PRESENT EVERY TIME THE ROOM IS RENTED.
HE WILL ALLOW A MAXIMUM OCCUPANCY OF TWO GUESTS AT ANY ONE TIME, AND HE WILL HAVE NO SIGNS ADVERTISING THE TOURIST HOME ON THE PROPERTY.
ALL THESE STIPULATIONS HAVE BEEN INCLUDED AS CONDITIONS OF APPROVAL IN THE PROPOSED RESOLUTION STAFF HAS ALSO PROPOSED A CONDITION THAT WOULD CAUSE THE USE PERMIT TO EXPIRE UPON THE TRANSFER OF PROPERTY OWNERSHIP.
THERE ARE NO APPROVED SHORT-TERM RENTALS IN NEW YORK SHIRE DOWNS.
THE NEAREST APPROVED TOURIST HOME IS LOCATED ON CALL NECK ROAD, WHICH IS A DRIVING DISTANCE OF FIVE MILES FROM THE SUBJECT PROPERTY.
SO GIVEN THAT THE TOURIST HOME WOULD BE A ONE-BEDROOM RENTAL WITH A MAXIMUM OF TWO GUESTS AT A TIME, THE PROPOSED TOURIST HOME WOULD HAVE A MINIMAL IMPACT IN STAFF'S OPINION, THE STAT, THE FACT THAT THE OWNER WOULD RESIDE IN THE DWELLING WHILE RENTALS ARE TAKING PLACE ENSURES THAT THE GUESTS BEHAVIOR WOULD BE MONITORED.
FURTHERMORE, THIS WOULD BE THE ONLY SHORT-TERM RENTAL IN YORKSHIRE DOWNS, A DEVELOPMENT OF MORE THAN 400 HOMES EXCLUDING THE APARTMENTS.
AND THERE ARE NO OTHERS IN THE GENERAL AREA FOR THESE REASONS.
STAFF BELIEVES THE PROPOSED TOURIST HOME WOULD NOT HAVE AN ADVERSE IMPACT ON NEARBY PROPERTIES OR THE RESIDENTIAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THEREFORE STAFF RECOMMENDS APPROVAL OF THIS APPLICATION, SUBJECT TO THE CONDITIONS SET FORTH IN PROPOSED RESOLUTION, PC 21 DASH 18.
IS THERE ANY QUESTIONS? COMMENTS QUESTION WAS THE, UH, UNLESS I MISSED IT, YORKSHIRE DOWNS, HOMEOWNER ASSOCIATION, TO HAVE ANY COMMENTS ON THIS, THEY DID.
WE NOTIFIED THEM AND WE DID NOT GET A COMMENT FROM THEM.
AND YOU HAD NO INPUT FROM ANY NEIGHBORS? NO, NO, NO COMMENT, NO COMMENTS, BUT THE APPLICANTS ARE HERE TODAY.
THEY MAY BE ABLE TO ANSWER QUESTIONS.
[00:30:02]
OKAY.WAS THERE ANY INDICATIONS THAT MR. ROJAS KNEW THAT HE WAS IN VIOLATION BEFORE HE WAS NOTIFIED? UH, I CAN DEFER TO THE APPLICANT FOR THAT.
UH, I DIDN'T GET ANY INDICATION OF THAT.
NOT GET AN INDICATION WITH IT CAUSE THAT WE'RE NOT, WE DON'T LIKE TO HAVE VIOLATIONS AND THEN TURN AROUND AND APPROVE ONE UNLESS THERE'S, YOU KNOW, IT'S NOT SOMETHING A LOT OF PEOPLE KNOW THAT THEY SHOULD DO.
I HAVE A SUB FOR FOUR RENTALS OF THIS NATURE.
UH, IS THERE ANYONE ELSE, LIKE MR. ROJAS, ARE YOU HERE? WOULD YOU COME FORWARD AND HAND, UH, PLEASE STATE YOUR NAME AND ADDRESS AND YEP.
UH, I LIVE IN YORKTOWN THREE OR SIX.
UH, YOUR TIME DRIVES AT THE ZIP CODE 23 6 9 3.
UH, UH, THE ONLY COMMENT I HAVE IS WE DIDN'T KNOW ANYTHING ABOUT THE PERMISSIONS THAT WE REQUIRE WHEN WE POSTED, UH, THE, UH, SHORT-TERM RENTAL IN THE AIRBNB.
AND AS SOON AS WE RECEIVED THE LETTER, WHICH IS, UH, WE REMOVED THE PAST FROM THE WEBSITE AND EVERYTHING, AND WE PROCEED WITH ALL THAT'S INDICATED TO GET THE PERMIT.
HOW LONG DID, DID YOU HAVE IT UP ON THE AIRBNB? AND WHAT KIND OF BUSINESS DID YOU DRAW? HOW MANY DAYS WERE YOU KEEPING SOMEBODY IN THE HOUSE? UH, USUALLY, UH, THE PEOPLE THAT WAS GOING THERE, IT WAS ONE DAY, TWO DAYS.
UH, I THINK THE MAX WE HAD WAS THREE NIGHTS AND, UM, WE GOT OUT OF THE LAKE ABOUT TWO MONTHS BEFORE WE RECEIVED A LETTER INDICATING THAT WE NEEDED A PERMIT.
MR. KING, LONG ASSOCIATION, UH, BOARD MEET OR TALK ABOUT THIS WITH YOU, OR DID YOU TALK ABOUT IT WITH THEM? UM, NO, BUT WHAT I DID, I JUST, UH, I TALK WITH MY NEIGHBORS, THE ONE THAT'S ON THE SOUTH AND THE WEST, AND THEY DIDN'T HAVE ANY PROBLEMS. THEY TOLD ME WAS GOOD.
ANYONE ELSE? A COUPLE OF THINGS, ONE, YOU DO KNOW, I HOPE YOU REALIZE THAT IF YOUR HOMEOWNERS ASSOCIATION HAS SOMETHING IN THE, IN THE BYLAWS THERE, THEY OVERRIDE THIS AND THEY MAY NOT ALLOW YOU TO HAVE ANY SHORT TERM RENTAL IN THEIR ORGANIZATION IN THE HOME.
THE ONLY THING I REVIEW FROM DENNIS ABOUT THE SCIENCE, THEY DON'T ALLOW ANY SIGN TO MAKE A PUBLICITY OF I'M RENTING.
AND THE OTHER THING YOU'RE, UH, JUST DOWN THE STREET FROM ME, WELL, A COUPLE OF MILES, BUT, BUT I'M IN THAT DISTRICT DOWN THERE, SO.
ANY ANYBODY ELSE OUT THERE THAT WANTS TO COME FORWARD AND DISCUSS THIS APPLICATION? JUST SCRATCHING AN EYE, NOT, NOT RAISING THE HAND.
I WILL CLOSE THE PUBLIC ON THAT.
AND WE'LL TALK ABOUT IT AMONG THE COMMISSIONERS IS TREATMENT.
UM, I THINK THIS HAS A MINIMAL IMPACT, UM, WITH THE ONLY IMPACT BEING TO TWO HOUSES, UM, WITH THE, UH, UH, AREA ACROSS FROM THE HOUSE BEING A RECREATION AREA AND TO THE RIGHT, UH, BEING A PUMP HOUSE.
UM, AND THE FACT THAT, UH, THE APPLICANT HAS TALKED TO HIS NEIGHBORS AND, UH, THEY DON'T HAVE ANY ISSUE WITH IT.
UM, I DON'T SEE ANY, UH, A PROBLEM WITH THIS APPLICATION.
HE'S GOING TO BE IN THE HOUSE DURING ANY TIME THAT THERE IS A GUEST, UM, PRESENT.
SO, UM, I THINK THERE'S ADEQUATE, UM, SUPERVISION OF ANYONE THAT COMES INTO THE HOME.
I JUST HAVE A COMMENT THAT TWO GUESTS AT A TIME IT'S PRETTY TIGHT, MY OPINION.
UM, SO WE'RE NOT TALKING TO HE'S LIMITED TO TWO GUESTS.
IT'S A ONE BEDROOM RIGHT IN THE HUBS.
IS THERE A SECOND? I BELIEVE THERE IS A SECOND FLOOR.
THERE'S NOT, IT'S A TWO STORY AND THERE'S TWO BEDROOMS UPSTAIRS.
JUST 1, 2 0 4 BEDROOMS UPSTAIRS.
I'M CONCERNED WITH THE HOMEOWNER ASSOCIATION NOT BEING ON NOTICE.
UM, AND I'M CONCERNED THAT THE BUSINESS WAS RUN AND HAS THAT BEEN CLEARED UP IN THE PENALTIES PAID AND THOSE KINDS OF THINGS.
[00:35:01]
QUESTION IN MIND.DO YOU KNOW THE TAXES AND THINGS? HAS THAT BEEN SETTLED WITH THE COUNTY? YES.
AND MISLEADING A FAIR BIT OF TIME WITH THE MYSTERY OF REVENUE OR THE REVENUE DEPARTMENT TODAY.
IT'S NOT CLEARED, BUT THERE'S NOT A LOT GOING.
IT'S ESTIMATED TO BE IN THE RANGE OF $50 BACK TAXES, ZOE.
THEY'RE STILL WORKING THROUGH THE PROCESS OF FINALIZING THE COSTS.
UM, MY OWNER RECOMMENDATION, SINCE THIS IS A CASE WHERE HOMEOWNER HAS STARTED A, AN STR WITHOUT APPROVAL, AND NOW COMING IN FRONT OF THE BOARD, SHOULD THERE BE A PROBATIONARY PERIOD? AND I WOULD LINK THE FINAL PAYMENT OF THOSE TAXES TO THE END OF THE PROBATIONARY PERIOD.
MY, MY RECOMMENDATION WOULD BE WE MODIFY THE RESOLUTION TO INCLUDE THAT ONE YEAR PERIOD AND MISLEAD THEM.
I WILL LET YOU KNOW THAT THE HOMEOWNERS ASSOCIATION WAS CONTACTED.
WE SENT THE INFORMATION TO THE MANAGEMENT COMPANY, AS WELL AS THE PRESIDENT OF THE ASSOCIATION.
SO THEY DID RECEIVE THE NOTICE.
WE JUST NEVER, WE NEVER HEARD BACK FROM THEM THAT THEY HAD ANY CONCERNS WITH IT.
THEY'VE BEEN NOTIFIED, BUT THEY WEREN'T NOTIFIED YET WITH RESPECT TO THE TAXES.
IF WE EVER PUT A CONDITION IN ANY, ANY OF THESE, WELL, THE OTHER CONDITION WOULD BE NOT ALLOW THE RED HOLE UNTIL THE TAXES ARE PAID.
AND I'M NOT SUGGESTING THAT I'M SUGGESTING THAT IT'S A SMALL ENOUGH AMOUNT OF TAXES THAT WE SHOULD ALLOW IT, BUT WE SHOULD HOLD SOME CONDITION AGAINST, UH, LONG-TERM UH, APPROVAL OF THE SUP.
IS THERE A WAY WE CAN PUT THAT IN THERE? CAUSE I THINK IT'S REASONABLE.
I WOULD ARGUE, I WENT TO MR. CHAIRMAN $50 AND WE NOT EVEN SURE AS, UM, UH, AS MR. HALL, ROY HAD SAID, THEY'RE NOT EVEN SURE YET THEY'RE STILL GOING THROUGH IT.
MANY TIMES I'VE SAT HERE AND PEOPLE HAVE COME TO US WITH GOOD INTENTIONS.
THE COUNTY FINDS OUT ABOUT IT.
THEY COME HERE, GO THROUGH THE PROCESS LIKE THEY'RE SUPPOSED TO BE.
I DON'T THINK, SEE WHY WE SHOULD EXACT ANY DIFFERENT PUNISHMENT ON AN APPLICANT WHEN WE HAVEN'T DONE THIS BEFORE.
SO I'M OPPOSED TO ADDING ANYTHING LIKE THAT.
ANY OTHER COMMENTS? SO WE GOT TO CLEAR THEM.
THAT'S MY OPINION ON IT IS I BELIEVE THAT PEOPLE MAKE, THEY DON'T KNOW SOME OF THE LAWS AND ORDINANCES, ESPECIALLY IN RESPECT TO SHORT-TERM RENTALS.
I REALLY DON'T BELIEVE THEY REQUIRE PEOPLE, CITIZENS AS A WHOLE.
NO, IT, UH, AND I'LL BE QUITE, I WOULDN'T HAVE KNOWN IT IF I DIDN'T SIT ON THIS COMMISSION AT ALL.
I JUST BEEN, BEEN IN AND THEN THE COUNTY WOULD HAVE TOLD ME, AND I WOULD HAVE MADE CORRECTIONS TO FIX IT AT THAT POINT.
BUT UP, YOU KNOW, UP TO THAT TIME, I WOULDN'T HAVE KNOWN ABOUT SO A PENALTY IS, YEAH, I UNDERSTAND THE QUESTION.
I WASN'T SUGGESTING A PENALTY.
I WAS SUGGESTING A PROBATIONARY PERIOD, STATIONARY PERIOD.
LET'S HAVE A, UH, THERE'S TWO WAYS WE CAN GO HERE.
WE CAN MAKE A SUGGESTION FOR A MODIFICATION WHERE WE CAN GO IN AND VOTE ON THAT.
OR WE CAN SAY, UH, BOAT FOR AS-IS AND THEN YEAH, I MOVE FORWARD PC 2118, UH, TO THE BOARD OF SUPERVISORS FOR APPROVAL THAT WAS WRITTEN AS WRITTEN.
THE MOTIONAL BEDMINSTER CRINER IS TO ADOPT PC DASH EIGHT, PC TWO ONE DASH 18 TO RECOMMEND APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OR A FATE TOURIST TOME IN A EXISTING DWELLING AT 3 0 6 YORK DOWNS DRIVE MR. KING.
AND I THINK WE'VE ALREADY ESTABLISHED, WE DON'T KNOW WHEN THIS WILL GO BEFORE THE BOARD OF SUPERVISORS WITH ANY DEGREE OF CERTAINTY COULD BE JANUARY TWO, BUT IT MIGHT NOT BE TILL FEBRUARY.
I WILL NOTE, I, I WANTED TO PULL UP THE COUNTY CODE REALLY QUICKLY, BUT THE PERFORMANCE STANDARDS DO SAY THE OWNER OPERATORS
[00:40:01]
SHALL OBTAIN YOUR COUNTY BUSINESS LICENSE, ESTABLISH CA UH, COUNTY TRANSIENT OCCUPANCY TAX ACCOUNT AND FILE WITH THE VIRGINIA DEPARTMENT OF TAXATION FOR VIRGINIA STATE SALES TAX ACCOUNT.THAT'S IN THE ZONING ORDINANCE AND THE REQUIREMENTS AS PART OF THAT.
SO, UM, I JUST WANTED YOU TO BE AWARE OF THAT.
I WAS TRYING TO GET IT UP QUICKLY.
I COULDN'T GET UP QUICK ENOUGH.
[Application No. UP-976-21, Magnolia Wash and Express Property Holdings, LLC]
GENIE, WE GOT 9 76 DASH 21 APPLICATION NUMBER YOUR BACKUP.SO THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A CARWASH FACILITY LOCATED AT 65 24, GEORGE WASHINGTON MEMORIAL HIGHWAY ROUTE 17.
THE PROPERTY OWNER IS CARWASH INVESTMENTS, LLC.
AND THE APPLICANT IS A CONTRACT PURCHASER YORK LASER CARWASH, WHICH IS A SELF SERVICE CAR WASH FACILITY.
CURRENTLY OCCUPIES THIS PARCEL, THE SUBJECT PARCEL AND ALL THE SURROUNDING PARCELS ARE ZONED GENERAL BUSINESS NORTH OF THE SUBJECT PARCEL IS THE KROGER FUEL CENTER TO THE EAST IS THE KROGER GROCERY STORE.
PARCEL IS CRUISE THROUGH CARWASH AND TO THE WEST IS ROUTE 17 BEYOND ROUTE 17 IS TOWN BANK VON DDS DENTIST OFFICE AND RED BARN, CONVENIENCE STORE AND GAS STATION.
SO THIS IS THE ADJACENT PARCEL TO THE NORTH, WHICH HOUSES THE KROGER FUEL CENTER, THE KROGER GROCERY STORE PARKING LOT ON THE ADJACENT PARCEL TO THE EAST.
UH, THE CRUISE THROUGH CARWASH AND THE ADJACENT ON THE ADJACENT PROPERTY TO THE SOUTH AND ACROSS 17 FROM LEFT TO RIGHT IS TOWN BANK VON DDS DENTIST OFFICE AND RED BARN.
THE EXISTING CARWASH FACILITY SHOWN HERE HAS FOUR SELF-SERVICE CARWASH BAYS, TWO AUTOMATIC CARWASH BAYS, AND FOUR VACUUM STALLS.
THE APPLICANT WANTS TO DEMOLISH THE EXISTING FACILITY AND CONSTRUCT AN AUTOMATED TUNNEL STYLE CARWASH.
THE PROPOSED BUILDING WOULD BE ABOUT 2,800 SQUARE FEET IN AREA.
THEY WOULD HAVE A WATER RECLAMATION SYSTEM THAT CAPTURES AND REUSES ABOUT 80% OF THE WATER.
ACCORDING TO THE APPLICANT SKETCH PLAN, THE FACILITY WOULD INCLUDE 18 PARKING SPACES EACH WITH VACUUM AND DRYING STATIONS.
THEY WOULD ALSO HAVE FULL-TIME ATTENDANCE TO SUPERVISE AND ASSIST CUSTOMERS.
IF APPROVED THE APPLICANT WOULD INSTALL A SIGN IN THE NORTHWEST CORNER OF THE PROPERTY ALONG ROUTE 17, BUT HAS NOT PROVIDED ANY DRAWINGS OR DETAILS.
A CONDITION OF APPROVAL HAS BEEN INCLUDED IN THE PROPOSED RESOLUTION TO REQUIRE A MONUMENT STYLE SIGN, WHICH PROPOSED, UH, PURSUANT TO THE ASSIGNED PROVISIONS IN THE ZONING ORDINANCE CAN BE NO MORE THAN 64 SQUARE FEET IN AREA AND 10 FEET IN HEIGHT.
UH, THE ZONING ORDINANCE WOULD ALSO REQUIRE THE OWNER TO REMOVE THE CARWASH EQUIPMENT AND SURROUNDING STRUCTURE.
IF THE CARWASH ACTIVITIES CEASED OPERATION FOR MORE THAN NINE MONTHS, THE PROPERTY IS LOCATED IN THE ROUTE 17 CORRIDOR OVERLAY DISTRICT.
THEREFORE THE DEVELOPMENT IS SUBJECT TO SPECIAL ARCHITECTURAL AND DESIGN STANDARDS.
THE APPLICANT HAS SUBMITTED RENDERINGS DEPICTING THE ARCHITECTURAL DESIGN OF THE BUILDING, WHICH FEATURES GLASS STONE, VENEER AND STUCCO THROUGHOUT 17 OVERLAY.
DISTRICT PROVISIONS ALSO REQUIRE LARGE WORK AREA DOORS AND OPEN BAYS TO BE BUFFERED FROM VIEW FROM ROUTE 17 AND ADJACENT ROADWAYS BY ARCHITECTURAL ELEMENTS OR EVERGREEN LANDSCAPING BECAUSE OF THE DESIGN AND ORIENTATION OF THE BUILDING.
WITH THE LONG SIDE OF THE TUNNEL PERPENDICULAR TO ROUTE 17, THE TUNNEL EXIT WOULD FACE THE ROAD TO SCREEN THE TUNNEL EXIT FROM VIEW.
THE APPLICANT HAS PROPOSED EVERGREEN TREES, MAINTAINING BRANCHING TO THE GROUND AT EIGHT TO 10 FEET IN HEIGHT AND SPACE, 10 FEET APART.
AND THE SOUTHWEST CORNER OF THE PROPERTY, THIS AERIAL PHOTO OF THE SUBJECT PROPERTY WAS TAKEN EARLIER THIS YEAR.
AS YOU CAN SEE, THERE IS LITTLE TO NO LANDSCAPING AND MINIMAL GREEN SPACE.
THE APPLICANT SKETCH PLAN SHOWS LANDSCAPE AREAS BLINKING THE BUILDING, SEPARATING THE STACKING LANE FROM THE VACUUM STALL AREA AND ALONG THE NORTHERN PROPERTY LINE WHERE THE DUMPSTER WOULD BE LOCATED.
IN ADDITION TO THE EVERGREEN TREES SCREENING, THE TUNNEL EXIT STAFF PROPOSES A CONDITION OF APPROVAL THAT WOULD REQUIRE A 75% OF THE PLANTINGS IN THE REMAINING LANDSCAPE YARD, ALONG THE WESTERN PROPERTY LINE TO BE EVERGREEN TO SCREEN THE VACUUM STALLS FROM VIEW OF ROUTE 17, THE SITE HAS NO DIRECT ACCESS FROM ROUTE 17.
INSTEAD IT'S ACCESS THROUGH THE CIRCULATION SYSTEM THAT SERVES THE SHOPS AT YORKTOWN SHOPPING CENTER.
THE SHOPPING CENTER HAS THREE ACCESS POINTS, A SIGNALIZED ENTRANCE EXIT AT THE INTERSECTION OF ROUTE 17 AND BRICK CHURCH ROAD, AN UNSYNCHRONIZED ENTRANCE EXIT ON GOODWIN, NECK ROAD, AND A RIGHT TURN IN ONLY DRIVEWAY FROM ROUTE 17, ADJACENT TO THE SUBJECT PARCEL.
THE SUBJECT PARCEL HAS TWO ACCESS POINTS FROM THE SHOPPING CENTER CIRCULATION SYSTEM.
ONE OF WHICH WOULD BE ELIMINATED ACCORDING TO THE APPLICANT SKETCH PLAN.
ACCORDING TO THE ITE TRIP GENERATION
[00:45:01]
MANUAL, A TUNNEL TYPE CARWASH OF THIS SIZE CAN BE EXPECTED TO GENERATE A TOTAL OF 78 VEHICLE TRIPS IN THE WEEKDAY PM PEAK HOUR.THIS IS BELOW THE ZONING ORDINANCE THRESHOLD OF 100 PEAK HOUR TRIPS FOR REQUIRING A FULL TRAFFIC IMPACT ANALYSIS.
BY COMPARISON, THE EXISTING SELF-SERVICE CARWASH FACILITY WOULD BE EXPECTED TO GENERATE AN AVERAGE OF 178 WEEKDAY PM PEAK HOUR TRIPS BEAT UP, REVIEWED THE APPLICATION AND SAID THEY HAVE NO CONCERNS.
THE PROPOSED REDEVELOPMENT WOULD REPLACE AN EXISTING SELF SERVICE CAR WASH WITH AN AUTOMATED TUNNEL CARWASH.
IN STAFF'S OPINION, THE NEW DEVELOPMENT WOULD BE AESTHETICALLY SUPERIOR TO THE EXISTING FACILITY BECAUSE IT WOULD HAVE MORE GREEN SPACE, MORE LANDSCAPING AND BUILDING ARCHITECTURE THAT MEETS THE STANDARDS SET FORTH IN THE ROUTE 17 CORRIDOR OVERLAY DISTRICT PROVISIONS.
ADDITIONALLY, THE PROPOSED CARWASH IS NOT EXPECTED TO GENERATE A NET INCREASE IN TRAFFIC.
THEREFORE STAFF RECOMMENDS APPROVAL OF THIS APPLICATION, SUBJECT TO THE CONDITIONS SET FORTH AND PROPOSED RESOLUTION PC 21 DASH 19.
HOW MANY CAR WASHES DO WE HAVE ALONG THAT STRETCH OF ROAD? WHERE DOES THE DENSITY THERE'S ONE NEXT DOOR.
UH, AND THEN WITHIN A ONE MILE RADIUS, THE ONE NEXT DOOR IS CRUISED THROUGH.
THERE'S ALSO A SUPER-CLEAN DETAILING SERVICE, WHICH IS NOT A FACILITY.
UM, IT'S OVER OFF OF, UM, OLD YORK HAMPTON HIGHWAY.
UH, THEY DO DETAILING WORK WITHIN A TWO MILE RADIUS.
UH, THERE IS THE SHELL GAS STATION TUNNEL CARWASH JUST OVER, UM, NEAR NELSON'S GRANT.
AND JUST PAST THAT TWO MILE RADIUS IS THE MEGA AUTO SPA.
UH, THE, THE CHART, THE CR THE GRAFT AND THE APPLICATION, UH, ONE THAT TALKED ABOUT THE FLOW THROUGH THE, THROUGH THE FACILITY, UH, HE WENT BACK UP, IT IS DIFFERENT, SIGNIFICANTLY DIFFERENT IN THE ORIENTATION OF THE CARWASH FACILITY.
THEN THE ONE IN THE MEMO FROM THE BOWMAN MEMORANDUM ABOUT THE TRAFFIC ANALYSIS E THE APPLICATION AND THE PRESENT DATE, AND THE PRESENTATION IS THE ORIENTATION OF THE BUILDING IS PERPENDICULAR, DID GW BOULEVARD.
AND THAT'S WHAT SHE STATED THERE WITH ALL THE TREES AND ET CETERA.
HOWEVER, ON THE BOWMAN, UH, IT IS PARALLEL TO GEORGE WASHINGTON.
IT SOUNDS LIKE YOU MAY HAVE A CONCERN THAT THEY DID THE WRONG ANALYSIS ON THE FACILITY.
IT COULD, IS THAT A POSSIBILITY FOR THE SKETCH PLAN THAT YOU SEE IS, UH, A PLAN THAT THEY HAD PRIOR TO, UM, GETTING FEEDBACK FROM US? UM, THE TRAFFIC IMPACT, UH, IS NOT, UH, CHANGED BY THE ORIENTATION OF THE BUILDING.
UM, BUT YEAH, THAT THE ORIENTATION IS THE PERPENDICULAR TO ROUTE 17.
IT WAS A CONCERN OF MINE, AS WELL AS THE NUMBER OF, UH, UH, CAR WASH FACILITIES.
YOU KNOW, I LIVED DOWN PART THERE'S THREE, JUST LIKE IT ON GW BETWEEN DISPLAY BETWEEN DENBY BOULEVARD, IF YOU WOULD.
AND THE, UH, AND THE COUNTY LINE WITH NEWPORT NEWS, ALMOST EXACTLY THE SAME.
SO I JUST BROUGHT IN THE PREVIEW OF THIS COMMISSION TO SAY, HOW BUSINESS WILL GO IN THERE, BUT IT IS OUR CONCERN THAT FACILITIES THAT GO OUT OF BUSINESS.
THAT'S THE ONLY REASON I PARTICULARLY LIKE WHAT'S IN THE, UH, UH, IN THE, IN THE SOMEWHERE IN HERE, I JUST READ IT.
IT SAYS IF IT'S NOT BEING USED FOR TWO YEARS, THEY HAVE TO TEAR EVERYTHING DOWN.
IF I REMEMBER RIGHT, ISN'T THAT IN HERE SOMEWHERE IN EXCESS OF NINE MONTHS, NINE MONTHS AFTER THEY STOP OPERATION IN EXCESS AT NINE MONTHS, THEY ARE REQUIRED TO TAKE IT DOWN.
I FOUND IT NOW, CONSIDERATION CONCLUSION, THE PERFORMANCE STANDARDS AND THE ZONING ORDINANCE WOULD REQUIRE THE OWNER OPERATOR TO REMOVE THE CARWASH EQUIPMENT AND SURROUNDING STRUCTURING.
YOU'VE BEEN INACTIVITY THESIS OPERATE FOR A PERIOD OF NINE MONTHS.
SO YEAH, THAT, AND BASED ON MY SURVEY OF A CARWASH IS AT LEAST IN THE LOWER COUNTY, I FOUND, UH, UH, THE CRUISE THROUGH SUPER CLEAN DETAILING SERVICE, GAS STATION, MEGA AUTO SPA.
AUTOBELL A SEVEN 11 CARWASH AND WASH MORE ON BIG BETHEL, SO SEVEN IN THE LOWER COUNTY.
[00:50:01]
IS THERE A, UH, THE APPLICANT IS HERE, THE APPLICANT IS HERE.THEY WOULD LIKE TO SPEAK, DID YOU COME THE APPLICANT, WOULD YOU COME FORWARD AND STATE YOUR NAME AND ADDRESS AND GOOD EVENING, UH, PHILIP PACKAGE TWO 40 OAK MERE DRIVE, ALPHARETTA, GEORGIA.
AND, UH, I WANT TO THANK ALL OF YOU ALL FOR BEING HERE TONIGHT AND ESPECIALLY THANKS TO STAFF.
THEY'VE BEEN VERY, VERY ACCOMMODATING AND WE APPRECIATE EVERYTHING THEY'VE DONE FOR US AND WITH US, THEY'VE WORKED VERY HARD AND, UH, GOT US TO WHERE WE ARE RIGHT NOW.
UH, JUST A BRIEF SUMMARY, UM, OF THE, UH, THE CARWASH SITE, UM, THE OWNER OF THE PARENT COMPANY'S MAGNOLIA WASH HOLDINGS.
THEY WERE FORMED IN, IN 2014, UH, CORPORATE HEADQUARTERS IN CHARLOTTE, NORTH CAROLINA.
UH, THEY CURRENTLY OPERATE 42 OF THESE, UH, UH, CARWASH SITES, UH, THROUGHOUT THE SOUTHEAST FLORIDA, GEORGIA, ALABAMA, UH, NORTH CAROLINA, SOUTH CAROLINA, VIRGINIA, UM, WITH PLAN 20 ADDITIONAL IN THE NEXT YEAR.
UM, SO DECIDE IS, UH, THEY, THEY TYPICALLY OPERATE 12 HOURS, 8:00 AM, DATE, 8:00 PM.
UM, THE SITE IS FULLY AUTOMATED CONVEYOR SYSTEM, UH, WITH A WASH TIME OF ABOUT THREE MINUTES FOR EACH CAR TO GO THROUGH.
UH, TYPICALLY THE SITE HAS THREE TO SIX FULL-TIME EMPLOYEES, UH, ONSITE AT ANY TIME.
UM, THEIR WASH PRICE RANGES ARE FROM 20 $10 TO $40, DEPENDING ON THE MONTHLY SUBSCRIPTION OR SINGLE WASH WASH PACKAGE IS SELECTED.
UM, THEY ALSO PROVIDE, UH, FREE VACUUMS AIR GUNS, UH, MAT CLEANERS, AND TOWELS.
UM, ONE OF THE, ONE OF THE BENEFITS OF THIS SITE IS THEY DO OFFER A FULL WASH SERVICE FOR THE LOCAL POLICE AND SERVICE VEHICLES.
UM, AND I KNOW OVERALL, ONE OF YOUR QUESTIONS, UH, DEALS WITH, UH, WHY DO WE WANT TO PUT A CARWASH NEXT TO AN EXISTING CARWASH SITE? UH, THE ONE NEXT TO US IS TYPICALLY A, A MORE DETAILED, UH, TYPE CARWASH WHERE YOU COME IN, UM, LIKE GET IN, LIKE CLEAN OUT YOUR CAR.
IT TAKES, IT'S A, IT'S A LONGER TIME FRAME.
WHEREAS OURS IS MORE OF A FASTER SERVICE, UH, SOMEBODY THAT CLOSES CLEANING THEMSELVES AND THEY WANT TO COME THROUGH, GET IN AND GET OUT.
SO THAT'S PRETTY MUCH, THAT'S THE BENEFIT OF, OF, UH, OUR SITE.
UH, ALSO BRINGING THE SITE UP TO CODE, TO LANDSCAPING THE CURRENT, UH, UH, PARKING STANDARDS AND, UH, UH, BUILDING FACADES AND EVERYTHING.
SO, UH, THAT'S, UH, THAT'S ALL I HAVE ANY QUESTIONS OR THANK YOU, UH, COMMISSIONERS, ANY COMMENTS? I DON'T THINK I HAVE ANY EITHER.
IS THERE ANYONE ELSE THAT HAS COME FORWARD AND TALK ABOUT THIS? OKAY.
I'LL CLOSE THE PUBLIC HEARING ON THIS APPLICATION AND WE'LL TALK ABOUT OURSELVES FROM THE COMMISSIONERS.
UM, I'M MOVING, WASN'T CONCERNED WITH THE FACT THAT THERE WAS ALREADY AN AUTOMATIC CAR WASH RIGHT NEXT DOOR, BUT THE APPLICANT HAS CLARIFIED THAT, UH, THE, UM, THE GOODNESS OF THIS APPLICATION IS TO UPGRADE, UH, THE LOOK, UH, ON ROUTE 17, RIGHT? PUTTING IN ALL THE REQUIRED, UH, UH, PLANTS AND TREES.
UM, I THINK IT WOULD LOOK A LOT BETTER THAN WHAT IS CURRENTLY THERE.
UH, AND, UH, SO I, I SUPPORT THE APPLICATION.
UM, MS. CHAIRMAN, I AGREE WITH MR. PETERMAN, SOMEONE'S GOING TO MAKE AN INVESTMENT ON AN EXISTING SITE, IMPROVE IT, AESTHETICALLY PLEASING ARCHITECTURE DESIGN, BRING EVERYTHING INTO A CODE OF WHAT'S, UH, WHAT'S REQUIRED TODAY.
LIKE MR. PETER HAD SAID, UH, LANDSCAPING, UH, GOING TO MEET THE, UH, THE TOURIST OR CORRIDOR, UH, GUIDELINES, ALL THIS STUFF, SOMEONE MAKING AN INVESTMENT IN OUR COMMUNITY.
I HEAR THE ARGUMENT ABOUT, UH, TOO MANY CAR WASHES, BUT HEY, THIS IS AMERICA AND COMPETITION, RIGHT.
THEY HAVE A RIGHT TO, UH, WASH A CAR AS GOOD AS ANYBODY ELSE.
I'M GOING TO BE IN FAVOR OF IT.
I THINK ENVIRONMENTALLY, THIS IS A MUCH MORE IMPROVED DESIGN.
I DON'T THINK THAT'S, I THINK THAT'S A VERY VALID POINT FOR BRINGING THIS FORWARD.
SO VERY, VERY MUCH A VERY POSITIVE ON THIS CHANGE.
[00:55:02]
I WOULD AGREE WITH THAT.I WOULD ALSO OBVIOUSLY CONCERNED ABOUT TOO MANY CAR WASHES FROM A LAND USE ASPECT, BRINGING IT UP TO CODE AND MORE AESTHETICALLY PLEASING GOING DOWN, GEORGE WASHINGTON BOULEVARD.
SO DO I HAVE A RECOMMENDATION? UM, MR. CHAIRMAN, I MOVE THAT, UH, WE FORWARD PC 21 DASH 92, THE BOARD OF SUPERVISORS WITH A RECOMMENDATION OF APPROVAL.
KING IS TO A DOUBT PC TO WANTING BOND DASH 19 TO RECOMMEND APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A CARWASH.
THAT'S STILL LINDY AT 65 24 GEORGE WASHINGTON HIGHWAY.
MR. KING, MR. TITUS, THE MOTION PASSES.
AND AGAIN, WE DON'T KNOW WHEN THIS WILL GO FORWARD TO THE BOARD.
[Application No. UP-977-21, Ryan Moberley]
DISCUSSION OR HEARING OF APPLICATION NUMBER 9 7, 7 DASH 21, RYAN MOBERLY, AND HIS PARKER.SO IT'S AN APPLICATION FOR A MAJOR AMENDMENT OF A PREVIOUSLY APPROVED SPECIAL USE PERMIT FOR A TOURIST HOME AT ONE 13 E DALE AVENUE, A LITTLE BACKGROUND.
THERE WAS AN SUP GRANTED IN OCTOBER OF 2017, UH, FOR A TOURIST HOME ON THE SUBJECT SITE CONDITIONS INCLUDED THAT THE RENTALS WERE LIMITED TO FRIDAYS THROUGH SUNDAYS ONSITE OWNER OR MANAGEMENT MANAGER DURING THE RENTALS.
AND THERE WAS A ONE-YEAR EXPIRATION, UH, ON THE, ON THE PERMIT, UH, EXTENSION, UH, WAS CONTINGENT UPON RECEIVING, UM, SUPPORT LETTERS FROM THE ADJACENT PROPERTY OWNERS, UH, WHICH THE APPLICANT DID PROCURE.
AND THE SUP EXTENSION WAS GRANTED IN OCTOBER OF 2018.
SINCE THAT TIME WE HAVE, OF COURSE, UH, AMENDED THE ORDINANCE FOR SHORT-TERM RENTALS THAT WOULD HAVE INCLUDED AMENDMENTS IS TO DESIGNATE A RESPONSIBLE PARTY, UH, TO RESPOND TO COMPLAINTS, UM, OR ONSITE MANAGER AND LIFE SAFETY REQUIREMENTS, WHICH WE HAVE BEEN PUTTING ON EACH INDIVIDUAL RESOLUTION.
AND SO WE JUST MOVE THAT TO THE ORDINANCE.
SO VICINITY MAP OF THE AREA, UH, APPLICANTS PROPERTIES HIGHLIGHTED IN RED IT'S IN THE NELSON PARK, A RESIDENTIAL SUBDIVISION ZONING IS HIGH DENSITY, SINGLE FAMILY, RESIDENTIAL, UM, NEARBY PLANNED DEVELOPMENT AND RESOURCE CONSERVATION, UH, ACROSS HUBBARD, WHICH IS THE SCHOOL IN FIRE STATION, UH, CLOSE-UP AREA.
UM, THERE'S BEEN NO CHANGES TO THE PROPERTY SINCE THE ORIGINAL SUP, UM, WAS GRANTED C DRIVER THERE, AMPLE OFF STREET, PARKING THE PHOTOGRAPHS, UH, OF THE, UH, APPLICANTS HOUSE, THE AREA LOOKING DOWN, UH, EAST, UM, APPLICANT'S PROPERTY TO THE RIGHT AND IN THE OPPOSITE DIRECTION, LOOKING DOWN, EDL DOWN SIMPLE.
AND THEN THE, UH, THAT'S THE IMMEDIATE ADJACENT PROPERTY ON OUR APPLICANTS PROPERTY ON THE RIGHT.
AND THEN ACROSS THE INTERSECTION AND ACROSS THE OTHER SIDE OF THE INTERSECTION, THIS IS A FLOOR PLAN.
THIS IS THE SAME FLOOR PLAN THAT WAS SUBMITTED WITH THE ORIGINAL APPLICATION.
AGAIN, THERE ARE NO CHANGES TO THAT.
UM, AT THAT TIME, THE APPLICANT WAS USING THE GARAGE, UH, AS A BEDROOM, UH, WHEN, UH, DURING THE TIME THAT IT WAS BEING RENTED, UH, AND, UH, THERE'LL BE CHANGE TO THE WHOLE HOUSE.
HE WOULDN'T BE STAYING THERE AND ALONG THE GARAGE STILL WOULD NOT BE AVAILABLE TO THE GUESTS.
SO THERE WOULD BE NO CHANGES TO HOW THE, THE HOUSE ITSELF WOULD BE USED.
TWO BEDROOMS, ONE BATHROOM, AND A LIVING ROOM AND KITCHEN AND SUMMARY TWO BEDROOM, TWO HOME IT'S BEEN IN OPERATION SINCE 2017 REQUESTED AMENDMENTS WOULD BE THAT THERE'D BE NO ONSITE MANAGER DURING THE RENTALS.
THE OWNER NOW RESIDES A 0.9 MILES AWAY.
SO HE WOULD BE THE CONTACT PERSON AS REQUIRED BY THE ZONING ORDINANCE AND ELIMINATE THE RESTRICTION, LIMITING THE RENTALS TO FRIDAYS THROUGH SUNDAY.
[01:00:01]
THE RENTALS WOULD BE SEVEN DAYS A WEEK, NO OTHER CHANGES TO THE OPERATION.UM, OTHER, UM, SHORT TERM RENTALS IN THE AREA OF 1445 PENNIMAN ROAD, 1.6 MILES, AND ALSO UNDER CONSIDERATION OF THE, UH, 1149 DUNKIN DRIVE THAT I MENTIONED IN THE LAST APPLICATION.
OUR RECOMMENDED APPROVAL CONDITIONS WOULD BE TO ALLOW THE WHOLE HOUSE WITH RENTALS WITHOUT AN ONSITE MANAGER, UH, WOULD CONTINUE TO BE RENTED AS A SINGLE UNIT, NO RENTAL OF INDIVIDUAL BEDROOMS ALLOW RENTALS SEVEN DAYS PER WEEK COMPLIANCE WITH SHORT-TERM RENTAL PROVISIONS OF THE ZONING ORDINANCE, MAINTAIN THE FLOOR PLAN AS IT EXISTS AND EXPIRATION OF THE SPECIAL USE PERMIT WOULD BE UPON CHANGE IN PROPERTY OWNERSHIP, THIS OPERATION.
AND IN CONCLUSION, IT'S BEEN SUCCESSFULLY OPERATED 10 20 SINCE 2017.
WE HAVE RECEIVED NO COMPLAINTS, UM, ON THE APPLICATION, UH, CONSISTENT WITH PREVIOUSLY APPROVED TOURISTS HOMES.
UH, THIS WAS ACTUALLY THE ONLY TOURIST HOME WE HAD THAT RESTRICTED THE RENTALS TO, YOU KNOW, LESS THAN SEVEN DAYS A WEEK.
SO IT'S ACTUALLY MORE IN LINE WITH, WITH THE RENTALS WE HAVE NOW.
UH, WE DON'T FIND THERE'S ANY ADVERSE IMPACTS.
AND I WOULD NOTE THAT WE, AGAIN, RECEIVED SUPPORT LETTERS FROM, UM, ALL THE ADJACENT PROPERTY OWNERS, UH, FOR THIS APPLICATION.
AND WE WOULD RECOMMEND APPROVAL IN ACCORDANCE WITH RESOLUTION NUMBER PC 21 DASH 21.
AND I CAN ANSWER ANY QUESTIONS AND THE APPLICANT IS HERE.
ANY COMMISSIONERS? ANY COMMENTS, QUESTIONS FOR YOU? QUICK QUESTION CHAIRMAN.
I WAS HERE WHEN WE DID THIS, OBVIOUSLY, BUT, UH, CAN YOU REMIND US WHY, WHY WE RESTRICTED IT FRIDAY THROUGH SUNDAY? WHAT WAS THE PREMISE BEHIND THAT? THAT WAS ACTUALLY SELF-IMPOSED BY THE APPLICANT.
IT WAS, YEAH, IT WAS IN KEEPING WITH HIS WORK SCHEDULE.
ANYBODY ELSE HAVE A COMMENT OR ANYTHING? UH, JUST AS A MATTER OF WHY YOU UNDERSTAND THE, UH, I THINK THE CURRENT CODE UNDER SHORT-TERM RENTALS AND ET CETERA, SINCE HE'S NOT IN THE HOUSE OR ADJACENT TO THE HOUSE, HE SHOULD FILE, EVEN THOUGH HE IS THE APPLICANT, HE SHOULD FILE WITH THE SHERIFF'S DEPARTMENT POINT OF CONTACT POC POINT CONTACT INFORMATION.
SO IS THAT, SHOULD THAT BE IN THE PC APPROVAL THING THAT YOU CAN ASK US? IT'S IN THE ORDINANCE IT'S IN THE ARENA, SO WE DON'T HAVE TO DO ANYTHING MORE THERE.
I JUST WAS CLARIFICATION IN MY MIND.
THAT'S GOING ON? THANK YOU, MR. PARKER, MR. UH, WELL, MOSTLY GOOD SHOULD SAY THAT.
ANY OTHER COMMENTS OR OUT THERE IN HERE, I'LL DEFER TO THE APPLICANT FIRST.
MR. MOSLEY, MOSTLY OVERLY OVERLY.
I'M SORRY, I COULDN'T READ THIS AND I WASN'T FAST ENOUGH TO LOOK DOWN AT THE APPLICATION.
I'VE HEARD, I'VE HEARD MANY, MANY DIFFERENT, UH, YOU KNOW, SLANDERS OF THAT NAME.
I KNOW YOU GOTTA HEAR MY TIME.
UH, MY NAME IS RYAN MOBERLY, OWNER OF ONE 13 ETL AVENUE, RESIDING AT 5 28 EAST MAIN OR JIVE.
NOW I AM REQUESTING FOR THIS SPECIAL, UH, WELL I'D AMENDMENT TO THE SPECIAL USE PERMIT TO ALLOW THE SHORT-TERM RENTAL SEVEN DAYS A WEEK.
AND, UH, WITHOUT TO BE ON SITE DURING THE RENTALS, UH, SINCE THE APPROVAL, OBVIOUSLY WE WE'VE EXPLAINED A LITTLE BIT OF THIS, BUT SINCE THE APPROVAL OF THE PREVIOUS PERMIT, FOUR YEARS AGO, I FOLLOWED THE GUIDELINES.
I'VE PAID MY TAXES ON TIME, AND I'VE HAD ZERO COMPLAINTS FROM MY NEIGHBORS AND THE SURROUNDING COMMUNITY.
MY TOURIST HOME HAS BEEN USED AS A MODEL FOR SETTING THE STANDARD IN WHICH THESE STRS CAN OPERATE SUCCESSFULLY WITHOUT NEGATIVELY IMPACTING THE NEIGHBORHOOD.
MY PERSONAL RELATIONSHIP WITH ALL OF MY NEIGHBORS HAS BEEN KEY TO A SUCCESSFUL TOURIST RENTAL THAT PROVIDES ASSISTANCE.
ENSURING GUESTS ARE RESPECTFUL TO THE COMMUNITY WHILE ALSO PROVIDING A WELCOMING COMMUNITY, UH, ENVIRONMENT FOR THEIR VISITORS.
WITHOUT MY NEIGHBORS IN THE COMMUNITY SUPPORT, I WOULDN'T HAVE BEEN, I WOULD NOT HAVE REQUESTED THIS AMENDMENT AND YOUR APPROVAL TO EXPAND THE RENTAL PRODUCT, UH, PERIOD BEYOND WEEKENDS AND NOT TO BE ON PROPERTY WITH THE RENTERS.
UH, HOWEVER IT IS WORTH NOTING THAT MY CURRENT RESIDENCE IS LESS THAN A MILE FROM THE STR.
THUS, I CAN BE ON A PREMISE IN A MATTER OF MINUTES.
IT USUALLY TAKES ME ABOUT THREE MINUTES TO GET FROM ONE TO THE OTHER.
UM, UH, I WOULD ALSO LIKE TO HIGHLIGHT THAT, UH, REASONS WHY I'M ASKING FOR THIS IS,
[01:05:01]
UH, OBVIOUSLY 2020.IT WAS, UH, IT WAS, IT WAS DESTRUCTIVE TO ANY KIND OF INCOME.
PEOPLE DON'T WANT TO ROOM UP WITH SOMEBODY THAT THEY DON'T KNOW ANYMORE.
UM, SO, UH, THAT BEING SAID, I WAS DOING ALL KINDS OF THINGS.
I WAS A SINGLE MAN DRIVING FOR UBER, SLEEPING IN MY CAMPER VAN OR SLEEPING IN MY VERY BASIC LITTLE GARAGE SET UP THAT I HAD.
UM, SINCE THEN, UH, I MET A WOMAN IN THE FALL OF 19 AND SHE DIDN'T WANT TO STAY IN A GARAGE.
SO, UH, SO EARLIER THIS YEAR I TOOK A LEAP OF FAITH AND, UM, I BOUGHT EVEN INVESTMENT PROPERTY, WHICH IS WHAT WE'RE IN RESIDING IN NOW.
AND, UH, WE'VE BEEN, WE'VE BEEN THERE.
UM, ABOUT THREE MONTHS AFTER WE BOUGHT IT, TOOK A LONG TIME.
SO IN HOPES TO CONTINUE, UH, THIS SHORT-TERM RENTAL BUSINESS ON MY SIDE, AND TO GROW A RELATIONSHIP WITH HER, THIS IS OUR COMPROMISE.
AND SO, UM, WITH THE APPROVAL OF THE MINUTES SPECIAL USE PERMIT, I PROMISED TO CONTINUE TO OPERATE MY TOURIST HOME IN THE SAME MANNER AS BEFORE THOROUGHLY SCREENING MY GUESTS AND ASKING THE APPROPRIATE QUESTIONS, ENSURING THAT THEY WERE RESPECT MY HOME, IMMEDIATE NEIGHBORS AND OVERALL COMMUNITY.
IF ANY PROBLEMS SHOULD ARISE, I AM CLOSE AND CAN RESPOND IN THREE MINUTES.
AS YOU CAN SEE FROM THE RECOMMENDATIONS FROM MY IMMEDIATE NEIGHBORS, AS WELL AS THE PRIDE AND RESPECT I HAVE FOR OUR COMMUNITY.
I AM RESPONSIBLE STR OWNER IN OUR RESIDENTIAL NEIGHBORHOOD, AND THAT'S ALL I HAVE FOR Y'ALL TONIGHT.
COMMISSIONERS COMMENTS AND QUESTIONS.
YOU HAD COMMENTS FROM YOUR NEIGHBORS.
DID, DID WE RECEIVE THOSE? YES.
I HAD EMAILS FROM ALL ADJACENT PROPERTY OWNERS.
UM, I THINK, I THINK THEY'RE AT THE VERY BOTTOM OF THE RESOLUTION.
IS THERE ANYONE ELSE THAT WE SHOULD JUST COMMENT? YES, PLEASE.
COME FORWARD AND STATE YOUR NAME, ADDRESS, AND YOU'LL HAVE THREE MINUTES.
GOOD EVENING, LADIES AND GENTLEMEN.
I RESIDE AT 1 5 1 DENNIS DRIVE.
I'M COMING BEFORE YOU, BECAUSE OF THE CONVERSATION THAT WE'RE HAVING WITH THESE SHORT-TERM RENTALS AND NO OFFENSE TO MR. MOBERLY HERE, BUT THIS WAS AN OPPORTUNITY TO, TO ADDRESS SOME OF THE NEED THAT THIS PLANNING COMMITTEE NEEDS TO THINK ABOUT.
AS FAR AS THE TERM FOR THIS, I ACTUALLY JUST MET THIS GENTLEMEN DOWNSTAIRS IN THE LOBBY AND WE HAD A VERY CORDIAL CONVERSATION.
SO THIS IS NOT ANYTHING DIRECTED AGAINST HIM.
HOWEVER, IT'S MORE A DISCUSSION FOR WHAT ARE WE DOING TO ACTUALLY PROTECT OUR COMMUNITY, SIMPLY PUT THIS PROPERTY.
AND SOME OF THE QUESTIONS, IT ALLUDED TO THAT, OF WHY WE HAD THESE RESTRICTIONS IN PLACE IN THE FIRST PLACE OF THOSE TIME PERIODS AND HAVING ONSITE.
FIRST QUESTION ASKS NO OFFENSE TO MR. MOBERLY.
HE, HE WANTS TO PURSUE HIS LIFE AND HIS FAMILY.
SO HAS, HAS, HAS IT BEEN OPERATING WITHIN VIOLATION OF THAT CURRENT SUP THAT'S ONE QUESTION THAT'S JUST HYPOTHETICAL QUESTION.
BUT THE OTHER PIECE IS THAT HOUSE RESIDES IN A LOCATION OF WALKING DISTANCE AND THE WALKING ROUTES OF THAT ELEMENTARY SCHOOL.
THAT IS NOT JUST DURING SCHOOL YEAR, BUT OPERATES ALL YEAR LONG WITH CHILDREN USING THOSE BASKETBALL COURTS, THE SPORTS FIELDS GOING TO, AND FROM THAT COMMUNITY, WHEN IT WAS RESTRICTED TO WEEKENDS, IT LIMITED THAT INTERACTION WITH THOSE CHILDREN THAT REGULARLY GO THERE AND USE THAT WALKING GROUND.
NOW WE'RE GOING FULL SEVEN DAYS A WEEK WITH NO ONSITE SUPERVISION THAT DOES NOT ALLOW FOR THE OBSERVATION OR THE PRECLUSION OF HAVING ANY NON REGISTERED SEXUAL OFFENDERS, POTENTIALLY RESIDING IN THIS RESIDENCE FOR A PERIOD OF TIME AND PRAYING ON OUR YOUTH AND OUR CHILDREN.
WE SHOULD NEVER ASK ANY OTHER COMMUNITY MEMBERS, NEIGHBORS TO PROVIDE THE OVERWATCH ON THAT.
WE SHOULD NEVER ASK THE TEACHERS AND STAFF AND FACULTY OF THAT SCHOOL TO PREVENT ANYONE COMING TO THE SCHOOL AND TAKING SOMEBODY AWAY.
BUT HERE IS A PLANNING COMMISSION.
THIS IS SOMETHING THAT DOES HAVE AN ADVERSE EFFECT ON THAT NEIGHBORHOOD.
AND IT DOES CHANGE THE NATURE OF THE HIGH DENSITY, RESIDENTIAL NEIGHBORHOOD NEXT TO THAT SCHOOL.
AND IT IS UPON US AS A COMMUNITY TO PROTECT OUR CHILDREN.
I THINK CHLOE, IS THERE ANYONE ELSE THAT WISHES TO ADDRESS CLOSE THE PUBLIC PORTION OF THIS APPLICATION AND BRING IT BACK TO THE COMMISSIONERS OR YOUR THOUGHTS AND COMMENTS MR. CHAIRMAN? UM, I WAS PRESENT WHEN THIS CAME UP IN 2017 AND, UM, UH, WE WERE
[01:10:01]
WE DISCUSSED A LOT CONCERNING THE SCHOOL AT THE TIME.UH, AND, UM, ONE OF THE REASONS WAS WHY WE DID THE YEAR, UM, UH, BUSINESS, THE RESTRICTION TO SEE HOW PHONES WERE, UM, I'VE ALL TIMES, EVEN AT THAT TIME.
AND AT THIS TIME, UH, THE NEIGHBORS OF, UH, MR. MOBERLY, UH, HAVE BEEN SUPPORTIVE OF EVERYTHING THAT HE HAS DONE.
AND, UH, HE'S BEEN DOING THIS NOW FOR 40 YEARS.
UH, SO, UH, I FEEL HE IS A, A GOOD BUSINESSMAN AND, UH, IS, UH, ONLY RUNNING TO THOSE PEOPLE THAT, UH, ARE, UH, RESPECT OUR COMMUNITY AND, UH, WOULD NOT, UH, RENT TO SOMEBODY THAT WOULD BE POSSIBLY A HARM TO, UH, OUR CHILDREN AND THE NEIGHBORHOOD.
SO, UH, I SUPPORT, UM, THE, UH, CHANGE IN THE APP IN, UH, UH, RESTRICTIONS ON, UM, RENTAL, UH, SO THAT IT'S SEVEN DAYS INSTEAD OF JUST ON THE WEEKEND.
UM, MS. CHAIRMAN, I, YOU KNOW, WE TALK ABOUT PROBATIONARY PERIODS AND HOW PEOPLE ARE GOING TO OPERATE IT HERE.
WE HAVE A CLASSIC CASE WHERE A GENTLEMAN HAS HAD PROBATIONARY PERIOD AND EVERY ONE OF HIS NEIGHBORS, I HAVE A EMAIL FROM THEM ALL IN SUPPORT.
I'M SURE ONE OF THEM WOULD HAVE SPOKE UP BY NOW IF IT WASN'T MANAGED PROPERLY OR WHAT HAVE YOU.
UM, I UNDERSTAND OUR CITIZENS, UH, ISSUE ABOUT SCHOOL BEING NEARBY, THOSE KINDS OF THINGS, BUT THAT DOESN'T STOP ANYBODY FROM MOVING.
THEY'RE BUYING A HOUSE IN A NEIGHBORHOOD THAT HAS SOME OF THOSE SAME, UH, UM, UH, POTENTIAL, UH, TO COMMIT CRIMES IN A NEIGHBORHOOD.
UM, SO I, I THINK, UH, AS MR PETERMAN SAID, WE'VE GOT A BUSINESSMAN WHO'S RUNNING A, UH, UM, AN OPERATION IS CONSISTENT WITH, UH, OTHER ONES WE'VE APPROVED.
I DON'T SEE ANY REASON TO, TO NOT APPROVE THIS ONE, LET'S LEAD THEM AGAIN.
I JUST DON'T THINK THAT THE COUNTY SUPERVISORS HAVE PUT THE RULES IN PLACE TO CONTROL THIS KIND OF BUSINESS.
AND I DON'T AGREE THAT WE SHOULD CONTINUE TO APPROVE SHORT-TERM RENTALS IN RESIDENTIAL AREAS UNTIL THE BOARD OF SUPERVISORS OR WHOMEVER, UM, MAKE SOME RULES AND REGULATIONS TO GUIDE US BECAUSE I DON'T THINK WE HAVE REGULATIONS TO GUIDE US.
WELL, I, I SUPPORT WHAT MARY IS SAYING.
UM, WE REALLY DO NEED TO GET THE GUIDELINES IN PLACE AND ESTABLISHED.
UH, ON THE OTHER HAND, I DO CREDIT MR. MOBERLY FOR RUNNING A VERY GOOD BUSINESS AND WORKING HIS WAY THROUGH A PROBATIONARY PERIOD, IRONIC THAT WE HAVE AN EXAMPLE OF A PROBATIONARY PERIOD, NO COMMENT.
UM, YOU KNOW, GIVE HIM, GIVE HIM THE PLUSES, GIVEN THE FACT THAT HE'S WORKED FOR YEARS TO ESTABLISH THAT CREDIBILITY, THAT HE'S GOT THE NEIGHBORS BEHIND HIM, I'M IN FAVOR OF, UH, ALLOWING THE, UH, THE MOTION, UH, MY TWO OF THEM IN FAVOR AND ALLOWING THE MOTION WITH A PROVEN TRACK RECORD IN PARTICULAR.
BUT I WOULD LIKE TO TAKE A MINUTE AND SEE IF, UM, MR. KRAUSE HAS ANY COME BACK TO THE COMMENT AS FAR AS, BECAUSE THE POINT'S WELL TAKEN THAT IF SOMEONE MOVES INTO THIS, IF SOMEONE WERE TO BUY THE HOUSE, THEY A SEX OFFENDER, THEY HAVE TO REGISTER WHERE SOMEONE WHO'S JUST RENTING FOR A WEEK DOES NOT.
I'M ASSUMING HE, I DON'T KNOW THAT MUCH ABOUT IT.
THAT'S WHAT I JUST, IT WAS, IT WAS AN INTERESTING POINT.
I WAS JUST TRYING TO GIVE IT A LITTLE MORE THOUGHT AND SEE IF THE COUNTY HAD ANY INSIGHT ON THAT.
UH, REALLY NOT ON THAT SPECIFIC ISSUE, MR. CRINER, OR THERE'S ONLY SO MUCH THAT THE COUNTY CAN CONTROL.
AS I THINK MR. KING BROUGHT UP, THERE'S NOTHING TO STOP SOMEBODY FROM THOSE PROCLIVITIES TO, YOU KNOW, FROM COMING INTO A NEIGHBORHOOD.
UM, AND, UH, UH, UH, I APOLOGIZE FOR PUTTING YOU ON A SWELL, YOU KNOW, AND, AND ALSO, YOU KNOW, WE'VE TALKED ABOUT, YOU KNOW, LONG-TERM RENTERS VERSUS SHORT-TERM RENTERS AND, UM, YOU KNOW, IT'S, I MEAN, IF YOU, YOU KNOW, UH, I MEAN, IF YOU, IF YOU TAKE THAT TO ITS
[01:15:01]
LOGICAL NEXT STEP, YOU KNOW, WE WOULDN'T, UH, WE WOULDN'T BE ALLOWING HOTELS, TIMESHARES WITHIN WALKING DISTANCE OF A, OF A SCHOOL.AND WE'VE GOT, WE'VE CERTAINLY GOT HOTELS ON BYPASS ROAD WHILE I'M ON THE ROAD THAT ARE WITHIN WALKING DISTANCE OF WALLER MILL ROAD.
UM, YOU KNOW, WE'RE NOT TALKING ABOUT LIQUOR STORES OR PAWN SHOPS, OR, YOU KNOW, WHEN WE'RE TALKING ABOUT PROXIMITY TO SCHOOLS, UM, AND, UH, I GUESS I WOULD JUST ADD THAT IT'S NOT AS IF THESE, UH, AT SCHOOLS ARE UNSUPERVISED, OH, IF MY DAUGHTERS WENT TO MAGRUDER ELEMENTARY SCHOOL AND, YOU KNOW, THOSE OUTDOOR PLAY AREAS, THOSE ARE CLOSELY WATCHED BY FACULTY AND, YOU KNOW, WATCHDOG DADS.
AND, UH, UM, AND SO I JUST, I DON'T THINK STAFF, YOU KNOW, HAS THAT CONCERNED ABOUT PROXIMITY TO A SCHOOL? YEAH.
CLOSE THE PUBLIC HEARING CLOSED, OPEN INTEREST IN THE COMMISSIONS AT THE MOMENT.
UH, I, TO SUPPORT YOUR APPLICATION AND BECAUSE I THINK YOU'VE, YOU'VE SHOWED THE, UH, FOUR YEARS WORTH OF, UH, VENTING APPLICANTS TO THAT.
I APPRECIATE THE CITIZENS' COMMENTS ABOUT, ABOUT, UH, CRIME AND THE FEAR OF CRIME.
AND WHILE I DON'T HAVE ANY DAUGHTERS, I HAD SONS AND THERE WAS, AT THE TIME THEY WERE BLONDE HEADED KIDS AND, AND, UH, SEX OFFENDERS WERE LOOKING FOR BLONDE HEADED, LITTLE BOYS.
SO, UH, IT IS A CONCERN IS CONCERNED FOR ALL OF US.
BUT I HAVE NOT SEEN ANY STATISTICS THAT SHOW THAT, THAT INDICATE THAT SHORT-TERM RENTALS HAVE MORE CRIME PEOPLE, PEOPLE COMMITTING CRIMES WHEN THEY RENT SHORT-TERM RENTALS THAN WHEN THEY DO LONG-TERM RENTALS OVER HOMEOWNERS.
SO IT'S AN ISSUE FOR ALL OF US.
IT'S A CONSUMER SKIN CONCERN FOR ALL OF US, BUT I'M NOT, UH, I DON'T THINK IT HAS A MAJOR FACTOR ON THIS APPLICATION.
I'LL CLOSE IT AND ASK FOR A MOTION.
SO MR. CHAIRMAN, I MOVE, WE MOVE FORWARD.
YOU SEE 2121, THE BOARD OF SUPERVISORS FOR APPROVAL, WHICH YOU CALL THE ROLL, PLEASE.
THE MOTION BY MR. CRINER'S JOE PIECE, YOU 21 DASH 21 TO RECOMMEND APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZED ESTABLISHMENT.
I'LL BE TOURIST TOWN AND THEN EXISTING DWELLING AT ONE MONTH WHERE YOU DEL AVENUE.
MR. TIDE WITH THE MOST IMPACT.
THAT'S OUR PUBLIC HEARINGS ON THE APPLICATIONS.
[8. Old Business]
ON THE, ON THE BUSINESS IS UNDER THE OLD BUSINESS AND DISCUSSION OF PROPOSED SHORT-TERM RENTAL HOME REGULATIONS.UH, DOES ANYONE NEED A BREAK? GOOD, EVERYBODY.
I PROMISED THEM AFTER AN HOUR AND A HALF SITTING UP HERE THAT IF WE NEEDED A BREAK, WE'D TAKE ONE, BUT WE'RE GOING TO PRESS ON.
UM, SO WE'RE JUST DISCUSSED THE PROPOSAL.
SHORT-TERM RENTAL HOME REGULATIONS, AND, UH, THERE'S A LOT OF, A LOT OF COMMENTS AND MAIL AND, AND NOTES, AND EXCEPT FOR GOING UP TO IT.
BUT I THINK WHAT WE'RE TRYING TO GET THE STAFF IS TRYING TO GET THE COMMISSION TO DO IS LOOK AT THE DRAFT ZONING ORDINANCE EXCERPTS, UH, BACK IN THE WILD HAS GOT A LOT OF RED ON IT AND ET CETERA, AND SEE, UH, IF THAT'S THE DIRECTION WE WANT THE STAFF TO GO, IT, THE END RESULT HERE, WE WILL PROVIDE STAFF WITH GUIDANCE TO SAY, YEAH, THIS IS, WE NEED TO FINISH THIS UP AND PUT IT IN THE RIGHT FORMAT OR RIGHT.
[01:20:01]
MR. KRAUSE? IS THAT, IS THAT WELL? YEAH, OF COURSE YOU ALL HAVE, UH, EXTENSIVE DISCUSSION, UH, AT YOUR AUGUST 11TH MEETING ABOUT 10 SPECIFIC ITEMS RELATED TO SHORT-TERM REGULATIONS.UH, AND WE GOT THE CONSENSUS OF THE COMMISSION ON EACH OF THOSE ITEMS OR THE MAJORITY OF THE COMMISSION.
AND, UH, BASED ON THAT INPUT, WE'VE PREPARED THE DRAFT AMENDMENTS FOR YOU ALL TO TAKE A LOOK AT, UH, THE MOST SIGNIFICANT CHANGE, WHICH HAS BEEN ONE OF THE MAJOR ISSUES ALL ALONG IS TYING STR USE PERMITS TO THE PROPERTY OWNER RATHER THAN THE PROPERTY.
AND WE'VE BEEN DOING THAT FOR MONTHS NOW, JUST AS A MATTER OF POLICY, BUT WE ARE RECOMMENDING THAT YOU ACTUALLY PUT THAT IN THE CODE.
UM, THE, A COUPLE OTHER THINGS, I GUESS WE, UH, WE ADDED SOME LANGUAGE TO, WELL, TO REQUIRE, UM, UH, STR OWNERS TO MAINTAIN A GUEST LOG BOOK.
AND I THINK THAT DEPUTY COUNTY ADMINISTRATOR OR ATTORNEY MIGHT HAVE SOME COMMENTS ON THAT ONE.
UM, AND, UH, UH, WE ADDED, UH, SOME, UH, LANGUAGE CLARIFYING, UH, THAT ONSITE RESIDENCY IS PREFERRED, ALTHOUGH NOT REQUIRED, IF THEY CAN SUITABLY DEMONSTRATE THAT THEY'VE GOT PROVISIONS IN PLACE TO MONITOR GUEST BEHAVIOR.
UH, NOW MOST OF THOSE 10 ITEMS THAT WERE DISCUSSED ARE NOT REFLECTED IN THE DRAFT LANGUAGE BECAUSE THE MAJORITY OF THE COMMISSIONERS DID NOT THINK WE SHOULD DO THOSE THINGS.
UH, SO I THINK, UH, TALKING ABOUT IT IN THE MEMO, WHEN YOU SEE WHERE YOU JUST TALK ABOUT LIMITS ON, UH, NUMERICAL LIMITS ON THE NUMBER, UH, PROXIMITY DENSITY OF STRS, UH, IN A SINGLE NEIGHBORHOOD, UH, THE CONCEPT OF NEIGHBORHOOD OPT OUTS, UH, LIABILITY INSURANCE, UM, ON-SITE RESIDENCY REQUIREMENT, WHICH I ALREADY SPOKE TO, YOU ALL HAD EXTENSIVE DISCUSSION ON ALL THOSE ITEMS. AND, UH, MOST OF YOU DID NOT WANT TO GO DOWN THAT ROUTE.
ONE ITEM THAT REMAINS UNDECIDED WAS, UH, WHETHER OR NOT TO IMPOSE SOME KIND OF LIMIT ON THE NUMBER OF RENTAL NIGHTS PER YEAR, AS MR. HOLROYD INDICATED, THERE ARE A NUMBER OF LOCALITIES THAT DO THAT.
THERE ARE A NUMBER OF LOCALITIES THAT DO NOT.
SO IT'S REALLY UP TO YOU ALL AS FAR AS WHAT YOU WANT TO DO, UH, AT THE AUGUST 11TH MEETING, UH, THERE WAS SOME INTEREST IN DOING THAT, UH, SOME UNCERTAINTY, UH, AND THERE WAS A SPECIFIC REQUEST THAT WE CONTACT THE 11 EXISTING STR OWNER OPERATORS IN THE COUNTY AND GET THEIR FEEDBACK.
UH, YOU HAVE THAT IN THE, UH, CO UH, ATTACHMENT TO THE MEMO.
WE DID RECEIVE RESPONSES FROM FOUR OF THOSE 11, UH, UH, STR OWNERS.
SO YOU HAVE, UH, YOU AT LEAST HAVE SOME, SOME, YOU KNOW, INPUT ON THAT ISSUE, UH, FROM THE OWNERS.
UH, BUT THAT'S SOMETHING THAT, THAT YOU ALL ARE GONNA HAVE TO DISCUSS AND REACH SOME SORT OF CLOSURE ON BEFORE WE CAN GO FORWARD WITH ANY ACTUAL, UH, ZONING ORDINANCE, TEXT AMENDMENTS.
I TOLD YOU BEFORE THE MEETING, AND I'LL TELL THE REST OF THE COMMISSIONERS, I READ THIS MANY TIMES IN THIS AFTERNOON, I WAS REALLY STUDYING THIS PARTICULAR SECTION.
AND THE MORE I STUDIED IT, THE MORE CONFUSED I GOT, UH, JUST BECAUSE OF THE WORDING AND ET CETERA.
AND I CAN GO OVER THAT WITH TIM SOMETIMES, BUT, BUT, UH, BUT WITH THAT SAID, WE CAN JUMP INTO THE ONE THING THAT WE NEED TO HAVE A NUMBER ON OR SOME COMMENTS ON.
AND THAT'S THE NUMBER OF NIGHTS PER YEAR THAT WE SHOULD THINK ABOUT HAVING THE BOARD OF SUPER THINK ABOUT HAVING ON THE APPLICATION LIMIT ON THAT, OR KICK THE CAN AND SAY, WHATEVER COMES FORWARD.
AND, UH, HAS IT WORD HERE, THE MAXIMUM NUMBER OF RENTAL NIGHTS PER CALENDAR YEAR SHALL BE ESTABLISHED BY THE BOARD IN ITS APPROVAL OF SPECIAL USE PERMIT.
SO WE'RE REALLY JUST KICKING THE CAN DOWN TO EACH ADVOCATE WOULD COME FORWARD AND THEN WE'D HAVE TO TALK ABOUT THE MAXIMUM NUMBER OF RENTALS PER YEAR, NIGHTS, RENTAL NIGHTS PER YEAR, OR WHETHER THERE SHOULD BE A MAXIMUM AT ALL, WHERE THERE SHOULD BE A MAXIMUM OR NOT.
UH, I MEAN, I'LL KICK THIS OFF, CAUSE IT PROBABLY, I KNOW THERE'S
[01:25:01]
PEOPLE THAT DON'T AGREE WITH ME WHEN I FIRST READ THAT SENTENCE.WHEN LOCATED IN A RESIDENTIAL ZONING DISTRICT SHORT-TERM RENTAL HOMES SHALL BE LIMITED TO A MAXIMUM OF X X, OR IS QUESTION MARK RENTAL NIGHTS PER CALENDAR YEAR.
WELL, THERE WAS TWO THINGS IN THAT, THAT, THAT REALLY JUMPED OUT AND HIT ME OUTSIDE OF THE THREE QUESTION MARKS.
IF WE'RE TALKING ABOUT SHORT TERM RENTAL HOMES, AND WE'RE ALSO TALKING ABOUT A BED AND BREAKFAST, RIGHT? SHORT TERM, THE OVERARCHING TERM IS SHORT TERM RENTAL.
AND THAT INCLUDES BOTH BED AND BREAKFAST IN TOURISM.
SO, BUT I DON'T THINK WE MEANT TO SAY SHORT-TERM RENTAL HOME SHALL BE LIMITED TO A MAXIMUM OF X, X NUMBER OF RENTAL NIGHTS PER YEAR, BECAUSE THAT WOULD INCLUDE BED AND BREAKFAST, RIGHT? YES.
BUT YOU MIGHT WANT TO INCLUDE BED AND BREAKFAST.
UH IT'S IT'S, IT'S, IT'S REALLY, YOU KNOW, UP TO YOU ALL, YOU HAVE THAT ABILITY TO DO THAT.
SO WE'RE GOING TO HAVE TO GO CHARGE FOR JUST WANTED TO LEAVE YOU WITH THE, YOU KNOW, AS MUCH FLEXIBILITY AS FAR AS YOUR OPTIONS AS POSSIBLE.
BUT I THINK TONIGHT INSTEAD OF GOING BY LINE BY LINE AND WORD SMITH, I DIDN'T WANT TO DO THAT TONIGHT.
I JUST WANT TO PROVIDE SOME GUIDANCE AND COMMENT THERE, WORDS LIKE THAT GOT ME THINKING AND ALL TWISTED AROUND THE AXLE.
WE MADE EVERYTHING SO CONFUSING.
I DIDN'T KNOW WHICH, WHICH WAS GOING.
THE OTHER THING ON THAT WHEN I FIRST READ IT, AND SEVERAL TIMES I READ IT, WHEN THE QUESTION MARKS THERE, I SAID, HMM, I'LL JUST PUT 365 RENTAL NIGHTS PER CALENDAR YEAR.
IF THEY WANT TO PUT SOMETHING THERE, I DON'T THINK WE OUGHT TO KICK THE CAN DOWN TO THE BOARD OF SUPERVISORS OR FOR US EVERY APPLICATION TO COME IN AND SAY, WELL, THIS ONE GETS 180, THAT GETS 210.
THAT GETS 120 AT ALL, BECAUSE ANY OF THOSE NUMBERS, IN MY OPINION, IS ARBITRARY AND CAPRICIOUS.
THERE'S ABSOLUTELY ZERO JUSTIFICATION OF THAT, OTHER THAN A NUMBER THAT WE'VE THROWN ON THE WALL TO SEE IF IT STICKS.
SO IF WE, AND IF WE LOOK AT THE RESPONSE OF THE CURRENT STRS WHO TOOK THE TIME, UH, ALL THE MEN SAID THAT, UH, IF WE WOULD IMPOSE A RESTRICTION, IT WOULD CAUSE A HARDSHIP OR CLOSE THEIR S T R.
SO IF WE COME UP WITH A LIMIT, THERE HAS TO BE A GOOD REASON FOR DOING IT BECAUSE WE ARE PUTTING PEOPLE OUT OF BUSINESS.
UH, SO, UM, I, I'M NOT IN FAVOR OF IT.
UM, WE HAVE ENOUGH REGULATIONS.
WE HAVE, UM, REVIEWS ON, UM, THE STRS THAT ARE CURRENTLY GOING ON.
IF THERE ARE COMPLAINTS, WE, THE, THE COUNTY RESPONSE, UH, AND IF THERE ARE COMPLAINTS, THEN THAT SPECIAL USE PERMIT WILL BE REMOVED.
SO I JUST DO NOT SEE, UH, LIMITING THE AMOUNT OF DAYS, UH, IS GOING THE PURPOSE OF IT.
I DO NOT SEE THE PURPOSE OF IT.
I WAS THINKING ABOUT THIS KIND OF AN OPEN, MORE OPEN DISCUSSION, MAYBE THAT, BUT YET THERE ARE SOME LOCALITIES THAT LIMIT THOSE TO A NUMBER AND THE STRS WORK, SOMEHOW DON'T KNOW.
I THINK YOUR, YOUR COMMENTS, MS. CHAIRMAN, THAT IS ARBITRARY IS EXACTLY RIGHT.
WE CAN'T SIT HERE AND DETERMINE, UH, HOW MANY DAYS, UH, SOMETHING IS APPROPRIATE.
WE DON'T EVEN HAVE NOTE ANY KNOWLEDGE OF HIM.
THERE ARE SOME CASES WHERE, UH, YOU WOULD CLEARLY SAY THAT IT COULD BE APPROPRIATE ALL YEAR ROUND EVERY DAY, CAUSE THERE'S NO ONE LIVES AROUND AND IT'S CERTAINLY ACCEPTABLE.
UM, AND THERE'S OTHER CASES WHERE WE MIGHT, I WOULD LIKE TO LEAVE IT TO WHERE EACH CASE IS DECIDED UPON ITS OWN MERITS.
AND THE ALTERNATIVE HERE WAS THE BOARD.
IF THEY WISH TO ESTABLISH, WE CAN CHANGE MAY, MAY RESTRICT INSTEAD OF REQUIRED.
SO INSTEAD OF SAYING HOW MANY DAYS, RIGHT? YEAH.
GIVE THE BOARD THE ALTERNATE, THE OPTION TO RESTRICT THE NUMBER OF RENTALS OR RENTAL DAYS PER CALENDAR YEAR.
THEY MAY RESTRICT DO NOT HAVE TO, SO THEY DON'T HAVE TO SAY IT.
YOU DON'T HAVE TO MAKE THAT DETERMINATION, BUT IT GIVES THEM THE OPTION TO DO IT IF THEY WANT TO I'M OPPOSED TO ESTABLISHING ANY NUMBER, BECAUSE WE'RE GOING TO KID OURSELVES IN A BOX AND IT'S JUST AN ARBITRARY, UH, YOU KNOW, DECISION ON OUR PART.
SO THOSE ARE MY COMMENTS, THE REST OF THIS STUFF.
UH, STAFF DID A GREAT JOB IN INCORPORATING OUR COMMENTS.
I THINK THE BIG ONE ERROR HERE IS THAT WE'RE TYING IT TO THE PROPERTY OWNER AND THAT'S GOING TO BE, UH, YOU KNOW, THAT'S HUGE IN MY MIND.
SOMEONE'S GOT TO COME BACK THROUGH THE WHOLE PROCESS
[01:30:01]
AGAIN.MY COMMENTS HERE TAKING YOUR STUFF.
I HAD THE 365 DAYS, BUT THEY, IT MAY BE, UH, ADJUSTED BY THE BOARD OF SUPERVISORS.
SO THERE'S A NUMBER, SO WE DON'T HAVE TO LOOK AT EVERY APPLICATION AND DIFFERENT NUMBERS AND THEN THROW IT OVER TO THE BOARD OF SUPERVISORS TO THINK THAT SAYS THE SAME THING.
IT STARTS WITH THE NUMBER AND THEN THEY CAN ADJUST IT.
AND I THINK, I THINK MS. CROSS IT IS MAY OR WHATEVER, AND THEY WENT ALONG.
THEY DON'T HAVE TO, BUT THEY CAN, THEY CAN.
BUT WE WOULD START WITH UNLIMITED BASICALLY.
AND THEN THEY CAN ADJUST IT DOWN OR ADJUST IT, WHATEVER THEY WANT TO I'M OKAY WITH THAT.
I KNOW WE HAVE A COUPLE OTHER PEOPLE THAT PROBABLY DON'T AGREE WITH JUST TO MAKE MINE REAL SHORT.
WELL, I'M NOT NECESSARILY GOING TO BE AS SHORT.
I REALIZE THAT I WAS GIVING YOU THE TASK.
I BELIEVE THERE NEEDS TO BE A TIER SYSTEM.
AND, AND YOU'VE SEEN A GOOD EXAMPLE TONIGHT WHERE RYAN CAME IN, HE'S OPERATED FOR FOUR YEARS.
I BELIEVE HE HAS DEMONSTRATED THAT HE SHOULD MOVE TO THE TOP OF THE TIER.
I WOULD NOT START A NEW PERSON AT THAT SAME LEVEL.
WE HAD MR. ROJAS COME IN HERE.
HE HAD ALREADY NOT AWARE OF THE, OF THE, UH, THE REQUIREMENTS TO HAVE A SUP LICENSE.
SO HE HAD STARTED WITH A VIOLATION.
I DON'T BELIEVE HE WROTE JUMPS TO THE TOP OF THE TIER.
WE SHOULD HAVE A VERY, VERY CLEAR SET OF GUIDELINES FOR WHAT I DESCRIBED AS A PROBATIONARY PERIOD.
AND I DON'T THINK THERE'S ANYTHING WRONG WITH THE PROBATIONARY PERIOD.
IT BASICALLY MEANS THAT YOU HAVE TO DEMONSTRATE THAT YOU'RE A CAPABLE BUSINESSMAN AND THAT YOU CAN FOLLOW THE RULES AND YOU CAN PAY THE TAXES.
AND I THINK THAT WOULD BE A PERFECTLY LEGITIMATE PROCESS TO PUT IN PLACE.
SO T SO YEAR ONE IS LIMITED TO 90 DAYS, YEAR TWO AT 180, UH, BY YEAR FOUR, THERE ARE A LOT OF 365, OR WHAT WOULD BE THE BRICK POINTS FOR THAT? I JUST, I THINK WHAT WE HEARD FROM COMMUNITIES AROUND US WAS, UH, A TYPICAL BREAK POINT WAS 104 DAYS BECAUSE THAT WAS TWO, TWO DAYS A WEEK OPERATING WEEKENDS ONLY.
AND I THOUGHT THAT WAS A GOOD START BECAUSE THAT WOULD ESTABLISH THAT THEY CAN, THEY CAN, UH, SCREEN GOOD CANDIDATES, THAT THEY ARE CONTROL OF THEIR BEHAVIOR, THAT THEY CAN OPERATE, UH, RESIDENCE AND, UH, AND ENSURE THAT THE NEIGHBORS ARE SUPPORTIVE OF IT.
YOU CAN HAVE TO COME BACK AND GET THE NEXT TIER UP IN YOUR, THE WAY YOUR WORD.
I THINK THAT'S FOR THE STAFF TO DECIDE IN MR. MOBERLY, HIS CASE.
UH, BUT I THINK, I THINK ONE OF THE, ONE OF THE, UH, SPECIAL USE PERMIT, UH, UH, REQUIREMENTS WAS GRANTED WITHOUT HIM HAVING COME BACK TO COMMITTEE, IF I'M CORRECT, I BELIEVE THERE WAS AN INTERIM, UH, APPROVAL TWO YEARS AGO.
SO COULD WE NOT GET TO THE SAME THING STARTING YET UNLIMITED 365? I WOULDN'T START ON LIMITED.
I MAKE THEM EARN THEIR KEEP, MAKE SURE THAT THEY ARE CAPABLE AND THAT THEY'RE MANAGING IT CORRECTLY.
AND THEY'RE DEMONSTRATING THE KIND OF PERFORMANCE THAT WE'RE EXPECTING OF THEM.
IF THEY DO THAT, THEY SHOULD BE AWARDED OR REWARDED HAPPY WHEN I STARTED MY BUSINESS.
BUT THEY DIDN'T SAY YOU CAN'T MAKE MONEY THE FIRST SIX MONTHS, OR YOU CAN ONLY OPERATE IN THIS SMALL TIMEFRAME OR RESTRICT ME IN ANY, ANYWAY, THIS IS NOT, THIS IS NOT THE SAME AS A BUSINESS IN MY VIEW IS NOT THE SAME AS A BUSINESS.
IT'S A HOMEOWNER DECIDING THAT HE IS UTILIZING SPARE SPACE IN HIS HOME TO, UH, TO RENT OUT, TO, UH, TO TOURISTS.
AND THAT'S, THAT'S IN THE STRICTEST TERMS, NOT TRULY A BUSINESS, BUT OTHERS WOULD ARGUE WITH THAT.
UH, I THINK I'M GOING TO AGREE THAT WE NEED TO PUT SOME KIND OF LIMITATION ON IT.
I THINK 365 OUT OF THE GATE IS TOO MUCH.
IF THEY'RE GOING TO DO SHORT-TERM RENTALS, THEN WE NEED TO MONITOR IT.
WE DON'T NEED GIVE SOMEBODY HERE LICENSE, AND WHILE YOU HAVE TO COME BACK, SO YOU'D HAVE THEM COME BACK BEFORE THE COMMISSION OR THE BOARD OR SOME KIND OF DON.
AND IF THE NEIGHBORS ARE HAPPY AND YOU KNOW, IF THEY GET ALL THE NEIGHBORS LIKE, YAY, YOU DID A GREAT JOB FOR THREE MONTHS.
AND MAYBE SOMETIME AFTER THAT, THEY'VE BEEN HERE A COUPLE OF TIMES ON THE THIRD TIME.
I THINK WE NEED TO MONITOR THESE SHORT TERM.
WHAT WOULD MAKE A SHORT-TERM RENTAL IS SO DIFFERENT FROM THE MULTITUDE OF OTHER HOME-BASED BUSINESSES THAT THE COUNTY HAS? WELL, BECAUSE YOU'VE REMOVED THE PERSON, FIRST OF ALL, THEY DON'T EVEN HAVE TO BE THERE ANYMORE.
YOU'RE THERE, YOU'RE THERE DOING
[01:35:01]
YOUR JOB, BUT NOW YOU'RE SAYING WE DON'T HAVE TO HAVE THAT PERSON THERE MONITORING IT.THEY CAN GO LIVE A MILE AWAY OR TWO MILES AWAY, OR HOWEVER MANY MILES THEY WANT.
THEY'RE NOT, THAT'S NOT APPLES TO APPLES.
THAT'S A FAIR POINT, BUT I THINK WE'VE OKAY.
SO, UH, REALLY, HAVEN'T GOT IT.
I THINK WE'VE GOT A, A MAJORITY W WANTING TO GO ONE WAY AND FOUR TO TWO OR SOMETHING LIKE THAT.
AND I JUST OFTEN OBSERVATION, YOU KNOW, RATHER THAN MAKE PEOPLE JUMP THROUGH AN ENDLESS SERIES OF HOPES, UH, YOU KNOW, FOR PERMISSION TO OPERATE A BUSINESS, UH, YOU KNOW, WE DO HAVE PROVISIONS IN PLACE TO, UH, TAKE AWAY.
YOU USE PERMITS WHEN WE DO HAVE PROBLEMS. UH, AND WE, WE, YEARS AGO WE ACTUALLY DID HAVE SOMETHING SIMILAR TO WHAT, UH, MR. HOLROYD IS TALKING ABOUT.
AND IT PERTAINED TO HOME OCCUPATIONS WITH NON-RESIDENT EMPLOYEES.
AND SO WE HAD A, A RULE THAT THEY HAD TO COME BACK EVERY TWO YEARS, I BELIEVE IT WAS, UH, AND EITHER GO THROUGH THE PROCESS AGAIN, OR SUBMIT LETTERS FROM ALL THEIR NEIGHBORS, ADJACENT NEIGHBORS SAYING THAT THEY WERE OKAY WITH EXTENDING, UH, THAT USE PERMIT.
UM, IT GOT TO BE, UH, PRETTY MUCH OF A POINTLESS PAPERWORK EXERCISE FOR THE APPLICANTS AND THE STAFF AND THE BOARD OF SUPERVISORS.
UM, AND AFTER SEVERAL YEARS, UH, SEVERAL OF THE HOME OCCUPATION OWNERS, UH, COMPLAINED AND ULTIMATELY THE BOARD OF SUPERVISORS TOOK THAT PROVISION OUT OF THE ORDINANCE BECAUSE IT JUST WASN'T NECESSARY.
IT WASN'T ACCOMPLISHING ANYTHING EXCEPT MAKING PEOPLE JUMP THROUGH UNNECESSARY HOOPS FOR THAT, JUST FOR YOUR INFORMATION.
I'VE HAD THAT SITUATION IN MY HOUSE WHEN I STARTED MY BUSINESS.
THANK YOU, YOUR COUNTY, WE HAD A, UH, DOWN FEE ON THERE.
UH, WHAT'S HIS NAME? SO RICHARD, YES.
RICHARD, YOU HAD YOUR HAND UP A MOMENT AGO AND I MEANT TO CALL IT, THE LEGAL DEPARTMENT HAS TO, I WANTED TO MAKE ONE POINT JUST IN RESPONSE TO THE COMMENT THAT WAS MADE EARLIER REGARDING SEX OFFENDERS, THE SEX OFFENDER REGISTRY IS PUBLIC.
I WANT TO MAKE SURE EVERYBODY'S AWARE OF THAT AND IT CAN BE SEARCHABLE.
SO IF YOU WERE, IF YOU KNOW THE NAMES OF THE INDIVIDUALS WHO ARE GOING TO BE STAY SEARCH THOSE NAMES AT A TIME, UM, VERSUS, UH, AGAINST THE SEX OFFENDERS, SEX OFFENDERS REGISTERED, BUT THAT'S THE MAIN POINT I WANTED TO MAKE IS REGARDING THE PROPOSAL.
I BROUGHT THIS TO THE ATTENTION OF PLANNING REGARDING THE, TO REQUIRE, UH, S T R CHAIRS, KEEP A LOG AND MAKE THAT, MAKE THAT LOG AVAILABLE TO, UM, TO ZONING STAFF ON DEMAND.
WE ARE, THE LEGAL DEPARTMENT HAS VERY GRAVE CONCERNS THAT THAT SUCH PROVISION WOULD BE UNCONSTITUTIONAL IN LIGHT OF EXISTING SUPREME COURT PRECEDENT.
UM, THERE WAS A CASE FROM THE SUPREME COURT OF THE UNITED STATES, NOT TOO LONG AGO INVOLVING, UH, HOTELS IN LOS ANGELES, WHERE A SIMILAR REQUIREMENT WAS IMPOSED AND IT REQUIRED HOTEL OWNERS TO KEEP A LOG AND PROVIDE THOSE LOGS TO THE POLICE WITHOUT A WARRANT.
AND THE SUPREME COURT SAID THAT WAS UNCONSTITUTIONAL.
AND THE WAY THIS PARTICULAR PROVISION IS WRITTEN, OR THE PROPOSED PROVISION, I REALIZE IT'S JUST AN IDEA, BUT THE WAY IT'S WRITTEN, WHERE IT COULD BE, IT HAS TO BE PRESENTED ON, ON DEMAND AND KEPT, I THINK WOULD POSE VERY SERIOUS CONSTITUTIONAL PROBLEMS. AND SO WE, I WOULD JUST LIKE YOU ALL TO TAKE THAT INTO CONSIDERATION.
AND LET ME JUST EXPLAIN, UM, UH, YOU KNOW, WE INCLUDED THAT, UH, BECAUSE A LOT OF OTHER LOCALITIES INCLUDED SEEMED LIKE A REASONABLE PROVISION TO US.
UH, THE REASON THE LANGUAGE WENT OUT AS IT DID, I DIDN'T RECEIVE MR. HILL'S COMMENTS UNTIL AFTER THE PACKAGE HAS GONE.
IT'S NOT AS IF WE WERE DELIBERATELY IGNORING THE ADVICE OF OUR ATTORNEYS.
SO I JUST WANTED TO THAT'S, THAT'S ALL TRUE.
HE WANTED ME TO BRING IT TO YOUR ATTENTION UNDER THE CIRCUMSTANCES, SO, OKAY.
[01:40:01]
THAT BECAUSE I THOUGHT IT WAS OKAY, BUT, YOU KNOW, SO WE CAN ALWAYS TAKE OUT THE LIGHT IT'S ABOUT, THERE ARE, THERE ARE OTHER LOCALITIES THAT HAVE THESE PROVISIONS, BUT YOU KNOW, THE FACT THAT SOMEBODY HAS IT DOESN'T MAKE IT LEGAL.I WOULD IMAGINE THAT MANY OF THESE WERE PUT INTO PLACE OR HAVE BEEN IN PLACE FOR A LONG TIME PRIOR TO THE SUPREME COURT DECISION.
AND IT'S JUST THE, THE, THE, THE REGIME THAT WAS IN THAT'S IN PLACE THAT WAS IN PLACE IN THIS CASE.
AND THE SUPREME COURT, IT'S HARD TO DISTINGUISH FROM WHAT'S BEING REQUESTED HERE.
AND SO IT'S HARD FOR ME TO SEE HOW IT COULD PASS CONSTITUTIONAL MUSTER.
THE ONLY OTHER REASON THAT WE, THAT WE HAD THAT IN THERE, AND AGAIN, I KNOW IT DOESN'T MAKE IT BELIEVE, BUT WE, THERE IS SOME PRECEDENT FOR THIS, SOMETHING LIKE THIS IN THE COUNTY, IF ALL RECALL THE, UH, THE PESKY GUNSMITHS, UH, GUN SALES HOME OCCUPATION OUT IN THE BRANDYWINE AREA, WE INCLUDED A CONDITION OF APPROVAL, UH, THAT, UH, HE MADE YOU KEEP A LOG OF HIS CUSTOMERS DIRECT AND MAKE IT AVAILABLE TO ZONING STAFF UPON REQUEST.
AND THAT'S CONSTITUTIONAL BECAUSE THE SUPREME COURT HAS DISTINGUISHED, UH, FIREARMS BUSINESSES AS OPPOSED TO HOTELS, BECAUSE A FIREARMS BUSINESS IS A VERY CLOSELY REGULATED BUSINESS.
AND THERE'S A SPECIAL EXCEPTION FOR THAT.
AND THEY MENTIONED THAT IN THERE, IN THE DECISION THAT I'M REFERRING TO, THEY, THEY, SO THERE'S NO PROBLEMS WITH THE YEAH.
CAUSE IT'S A DIFFERENT SITUATION.
MS. CHEREN BASED ON OUR ADVICE FROM OUR ATTORNEY, I RECOMMEND WE TAKE A LANGUAGE OUT.
I THINK THE STAFF WOULD DO THAT AUTOMATICALLY ANYWAY.
UH, SO THAT, THAT PARTICULAR PARAGRAPH LEAVE TAKEN OUT OR REVISED DRASTICALLY THE ONE LAST COMMENT ABOUT THE ONE LAST COMMENT ABOUT THE, THE NUMBER OF DAYS RENTAL THAT WOULD BE MR. CROSS, HIS COMMENT MADE ME THINK, YOU KNOW, WE HAVE A PROCESS HERE AND THAT'S OUR ROLE TO DETERMINE EACH TIME WHEN SOMEONE COMES UP HERE, WHETHER IT'S SUITABLE OR NOT, NOBODY'S STOPPING US.
WE HAVE DECLARE AUTHORITY TO RESTRICT THEM.
UH, MR. MOBILEY DID HIS SELF SELF-IMPOSED.
WE COULD IMPOSE IT, WE SEE A NEED, WE SEE SOMETHING THAT NEEDS TO BE DONE.
MR. KRAUSE POINTED OUT THE ZONING ORDINANCE, REQUIREMENTS, INSPECTIONS, ALL THESE KINDS OF OTHER THINGS, MECHANISMS THAT ARE IN PLACE TO STOP SOMETHING.
IF IT'S BEING OPERATED IN AN INAPPROPRIATE MANNER.
I THINK FOR US TO PICK A NUMBER, UH, YOU KNOW, THERE A HUNDRED DAYS, I MEAN, THAT'S, WHERE DOES THAT COME FROM? BECAUSE ANOTHER LOCALITY HAS IT DOESN'T MAKE IT.
UH, AND I THINK WE SHOULD BE IN CHARGE OF OURSELVES AND DETERMINE, UH, WHAT WE DECIDE BASED ON WHAT WE HEAR AND THE PROCESS AND THE CITIZENS AND THE NEIGHBORS AND WHAT WE THINK, NOT SOME ARBITRARY NUMBER, BECAUSE IT'S GONNA COME BACK TO HAUNT US.
EVERYTHING ELSE COMBINED WITH.
SO THE ISSUE HERE FOR THE, FOR THE STAFF FOR THAT PARTICULAR SECTION HALF IS, DO WE WANT TO PUT ANYTHING IN THERE OR DO WE WANT TO PUT UNLIMITED THAT CAN BE MAYBE REDUCED BY PLANNING COMMISSIONER BOARD OF SUPERVISORS? UH, ONE THING I WAS GOING TO POINT OUT WITH MR. KRAUSE JUST ASKED ME IS, COULD, COULD POTENTIALLY, IF IT WAS, IF THERE WAS NO REQUIREMENT THAT IT BE AVAILABLE ON DEMAND, IF THERE WAS SIMPLY A PROVISION THAT IT LAW WOULD BE KEPT, THEN IF THERE WAS SUSPICION DEVELOPED THAT WOULD JUSTIFY THE ISSUANCE OF A SEARCH WARRANT, THEN THAT INFORMATION WOULD BE AVAILABLE.
IT JUST, I, THE, THE CONCERN IS IT CANNOT BE A REQUIREMENT THAT IT BE A V THAT IT BE PROVIDED ON DEMAND WITHOUT A WARRANT WITHOUT SUSPICION.
UM, SO I SUSPECT YOU AND THE STAFF WILL GET TOGETHER.
WE CAN TAKE OUT THAT LAST PART AND WORDSMITH IT TO THE POINT WHERE IT'S GOING TO BE AN OWNER TO PROVIDE.
THAT'S A GREAT IDEA, MR. CHAIRMAN, AND THEN THEY HAVE A LOG IN, AND IT'S NOT NO REQUIREMENT THAT WE HAVE TO SEE IT WHEN WE WANT TO, BUT IF THERE IS A CRIME OR SOME COMPLAINT, UH, WE HAVE THE AUTHORITY TO GO IN AND THERE'LL BE SOMETHING AVAILABLE TO SEE THE NAMES.
AND AS FAR AS THE NUMBER OF RENTALS, WE'RE JUST, IT'S UNLIMITED AND WE CAN REDUCE IT.
DO WE NEED IT AT ALL AT THAT POINT? YEAH.
I'M NOT SURE WE NEED THAT, BUT WE CAN REDUCE IT AS WE SEE AS WE GO FORWARD WITH IT.
I'M NOT OPPOSED TO, I'M NOT OPPOSED TO HAVING LANGUAGE THAT WOULD SAY THAT THE NUMBER OF CATH, UH, DAYS PER CALENDAR YEAR COULD BE LIMITED BASED ON THE CONDITIONS OF THE, OF THE REQUEST.
I WOULDN'T BE OPPOSED TO THAT.
I MEAN, IF YOU DON'T, IF WE WANT TO TAKE IT OUT COMPLETELY, THAT'S FINE TOO.
BUT I WOULD BE NOT AGAINST THE FACT OF, OF
[01:45:01]
LETTING SOMEONE KNOW THAT, HEY, YOU'RE NOT GUARANTEED 365 HERE.THERE COULD BE SOME OTHER FACTORS THAT MIGHT COME UP THAT MAY LIMIT YOU.
AND YOU NEED TO KNOW THAT IN ADVANCE, MAYBE THIS IS NOT THE APPROPRIATE PLACE FOR THAT.
UM, BUT I'M NOT OPPOSED TO HAVING AN APPLICANT KNOW THAT, YOU KNOW, YOU MAY, YOU MAY NOT BE ABLE TO RENT THIS THE ENTIRE YEAR, EVERY DAY.
SO THAT'S UP TO US, IT'S UP TO THE COMMISSION AND MAKE THAT DECISION IS THAT GIVES THE BOARD SOME LEEWAY WHEN YOU HAVE APPLICATIONS THAT ARE CONTROVERSIAL AND MAYBE THERE'S A COMPROMISE POSITION WHERE THE, YOU KNOW, THE APPLICANTS, UH, YOU KNOW, WILLING TO, TO LIMIT THE NUMBER OF RENTALS PER YEAR, UH, YOU KNOW, AS A, AS A MITIGATION TO NEIGHBORHOOD CONCERNS, UH, I MEAN, ONE THING THAT YOU DO, IF YOU DO HAVE A LIMIT, UH, AT, AT Y'ALL'S, UH, AUGUST 11TH MEETING, YOU SAID YOU DIDN'T WANT TO PROHIBIT, UH, WHOLE HOUSE RENTALS.
IF YOU HAVE A 60, 90, A HUNDRED DAY LIMIT, YOU'RE BASICALLY PROHIBITING WHOLE HOUSE RENTALS IN A BACKDOOR WAY, BECAUSE THERE'S NO BUSINESS PLAN WHERE THAT MAKES ANY SENSE.
THE WORDS HERE'S, THE WORDS OUGHT TO BE TERM, BASICALLY, WHATEVER IT MEANS THAT WE CAN CHANGE IT AND ROLL IT BACK, IT'S UNLIMITED, BUT WE CAN ROLL IT BACK.
I EVER, THOSE WORDS CAN BE PUT TOGETHER.
DOES THAT MAKE SENSE? I'M SORRY.
EVERY WORD OF MINE, THAT'S MORE IMPORTANT.
I KNOW SOMETHING ABOUT IS IT'S UNLIMITED, BUT WE CAN CHANGE IT, NO LIMIT, EXCEPT AS, AND MAYBE MODIFY IT BY THE BOARD OF SUPERVISORS.
THE BOARD OF SUPERVISORS RECOMMENDED BY THE WE'LL BE OPPOSED TO SOMEONE BEING GUARANTEED THAT IF YOU GET APPROVAL, YOU GET 365.
CAUSE THERE'S, THERE'S SOME CIRCUMSTANCES.
THE POINT I WAS MAKING TO MR. KRAUSE IS THERE'S NOTHING TO PREVENT SOMEONE FROM RUNNING THEIR HOME FOR 90, 90 DAYS, AND THAT DOESN'T FALL UNDER THE SHORT-TERM RENTAL.
SO IF THEY WERE IN A FIRST YEAR OF PROBATION, WE RESTRICT SHORT-TERM RENTALS TO A HUNDRED DAYS.
THEY CAN STILL RENT THE REST OF THE YEAR, BUT IT HAS TO BE GREATER THAN 90 DAYS AT A TIME THAT DOESN'T ELIMINATE THEIR BUSINESS CASE.
HAVE YOU, MS. CROSS, IF YOU GOT ENOUGH INFORMATION FOR THIS, WHEN THAT SUBJECT ON THAT, ON THAT SUBJECT? YES.
AND THE GUESTS LAW, AGAIN, THAT INFORMATION ON THAT, UH, PROXIMITY OF OWNER, I THINK WE'VE TALKED ABOUT THAT ENOUGH.
UH, AND WE'RE KIND OF GOING THROUGH THAT, UH, AND ALL THE OTHER, ALL THE OTHER CONSIDERATIONS, UH, YOU KNOW, WE'VE USED MOST OF THOSE OVER THE TIME.
I THINK, UH, I THINK WE'VE SELF SELF-IMPOSED.
SOME OF THESE COULD BE REST OF THESE ITEMS. THE COMMISSION HAS.
SO, SO I HAVE TO GO BACK TO MR. CROSS.
IS THERE, HAVE YOU GOTTEN THAT FROM INFORMATION OR WHAT DO YOU NEED FURTHER CLARIFICATION FROM THE, FROM THE COMMISSION? UM, WELL, YEAH, YOU HAVE THOSE TWO, UH, MODIFICATIONS AND IT SOUNDS LIKE, UH, YOU WANT TO GO FORWARD, UH, AT LEAST FOR SPONSORSHIP WITH THE REST OF THE AMENDMENTS AS WRITTEN PRETTY MUCH, I'D LIKE TO MAKE ONE CORRECTION THOUGH, ON THE INITIAL MEMO, SECTION EIGHT ZONING ENFORCEMENT, UH, IT INDICATED THAT THE CONSENSUS OF THE COMMISSIONER WAS THAT ZONING FEES, PENALTIES SHOULD REMAIN AS THEY ARE.
IF I RECALL THE DISCUSSION CORRECTLY, WE SAID, FINES ARE SET BY THE COURTS.
FEES ARE SET BY THE SUPERVISORS.
WE, AS A PLANNING COMMISSION, HAVE NO VOICE ON IT.
SO WE DON'T NEED TO DISCUSS IT, BUT IT WASN'T THAT WE AGREED THAT THEY STAY AS THEY ARE.
WELL, YOU AGREED NOT TO MAKE ANY CHANGES.
WE AGREE THAT WE DON'T HAVE THE FLEXIBILITY TO CHANGE.
I MEAN, YOU MADE THAT STATEMENT, BUT IT WAS AFTER CONSIDERABLE DEBATE.
I THINK THE BOTTOM LINE HERE IS, IS THAT WE'RE NOT MAKING ANY CHANGES TO .
IT WAS THE WORDING THAT WE WERE RECOMMENDING.
SO I WON'T HAVE A QUESTION, A COMMENT, A QUESTION TO DOUG LOGIN, MARY, TO ME, THESE ARE GUIDELINES FOR SHORT TERM RENTALS, BUT WE HAVE HERE WHAT WE ALREADY HAVE.
DO YOU AGREE? THERE'S I HEAR MANY TIMES THAT THERE IS NO GUIDANCE IN THE COUNTY FOR SHORT TERM RENTALS ARE VERY WEAK GUYS.
WHEN WE TAKE THESE TO THE MORTON SUPERVISORS AND THEY ENDORSE THEM AND WE HAVE GUIDELINES IN PLACE.
I'M FINE WITH WHAT WE HAVE IN FRONT OF US.
I JUST, I WAS TRYING TO MAKE SURE WE'RE GETTING SOME COMMISSIONER INPUTS HERE THAT PEOPLE WOULD GO, OKAY, I'M GOING TO GO ONTO THE NEXT ITEM, NEW BUSINESS, ANY
[01:50:01]
NEW BUSINESS.[10. Staff Reports/Recent Actions by the Board of Supervisors]
UH, STAFF REPORTS, RECENT ACTIONS BY THE BOARD OF CENTER.THANK YOU, MR. CHAIRMAN AT THE NOVEMBER MEETING, THE BOARD APPROVED THE TAKE FIVE OIL CHANGE FACILITY ON ROUTE 17 AND ORIANA ROAD.
UH, NEXT WEEK HAVE THEIR DECEMBER 21ST MEETING.
THEY WILL CONSIDER THE, UH, TOURIST HOME APPLICATION ON DUNCAN DRIVE IN YORK TERRORISTS THAT YOU ALL, UH, CONSIDERED, UH, RECOMMENDED APPROVAL OF A COUPLE OF MONTHS AGO.
UNFORTUNATELY, YOUR JANUARY AGENDA, JANUARY 12TH IS ACTUALLY LONGER, UH, MORE THAN TONIGHT'S AGENDA.
YOU HAVE 1, 2, 3, 4, 5 APPLICATIONS, A TOURIST HOME ON HAYMAKER PLACE IN WILLIAMSBURG BLUFFS PLAN DEVELOPMENT, THE, A TOURIST HOME ON NELSON STREET RIGHT HERE IN THE YORKTOWN VILLAGE, A CAR RENTAL BUSINESS ON THE FORMER DAIRY QUEEN UP ON BYPASS ROAD IN THE UPPER COUNTY, UH, OPERATION OF A NIGHTCLUB IN THE CANBERRA LATIN RESTAURANT, WHICH IS LOCATED IN THE SCHROEDER CENTER, WHICH IS A LITTLE STRIP CENTER ON ROUTE 17, UH, ACROSS FROM PRODUCTION DRIVE.
UH, AND THE LAST ONE IS, UH, AN APPLICATION FROM THE COUNTY ACTUALLY TO REZONE THE SITE OF THE SHERIFF'S OFFICE, THE NEW YORK POST.
AND SHERIFF'S BUILDING ON GOODWIN NECK ROAD.
IF YOU'VE DRIVEN DOWN GOODWIN NECK ROAD LATELY, YOU'VE SEEN A MASSIVE CHANGE IN THE LANDSCAPE.
UH, AND, UH, A COUPLE OF THINGS WITH THAT APPLICATION.
ONE IS THE REST OF THE OPERATION CENTER IS ZONED LIMITED INDUSTRIAL.
SO IT SORT OF MAKES SENSE TO MAKE ALL OF THE OPERATIONS CENTER, BRING IT INTO ONE, UH, ZONING CATEGORY.
UH, THE OTHER ISSUE IS LIMITED.
INDUSTRIAL PROVIDES FOR A LITTLE MORE BUILDING HEIGHT, UH, THAT'S NEEDED FOR THIS PARTICULAR FACILITY FOR SECURITY PURPOSES.
AND SO, UH, ALTHOUGH IT'S NOT, WE DON'T THINK IT'S ACTUALLY A LEGALLY REQUIRED FOR THE, UH, BOARD TO GO THROUGH THIS PROCESS.
UH, YOU KNOW, WE THINK IT'S A GOOD IDEA FOR THE BOARD TO HOLD ITSELF TO THE SAME STANDARDS IS I WAS WONDERING AS YOU KNOW, PRIVATE DEVELOPERS AND, UH, YOU HAVE IN FRONT OF YOU THAT PLANNING COMMISSION CALENDAR FOR NEXT YEAR, NO SURPRISES SECOND WEDNESDAY OF EVERY MONTH.
UH, AND OTHER THAN THAT, UH, ON THE HALF OF THE STAFF, I JUST WANT TO WISH EVERYBODY A MERRY CHRISTMAS AND HAPPY HOLIDAYS.
AND WE LOOK FORWARD TO WORKING WITH YOU AGAIN NEXT YEAR.
ANY COMMITTEE REPORTS THERE IS MR. CHAIRMAN.
UM, LAST WEDNESDAY WE HAD A, UH, 2040, UM, COMPREHENSIVE PLAN UPDATE COMMITTEE MEETING.
WE HAD A LIVELY DISCUSSION FOR A COUPLE HOURS, UH, TALKING ABOUT, UH, FUTURE LAND, USE DESIGNATIONS, UH, OUR, UH, THE COMMITTEE'S THOUGHTS AND IDEAS FOR, UH, BASICALLY WE DISCUSSED THE UPPER COUNTY.
UM, AND WE WERE ABLE TO GET THROUGH THAT, UH, MIRACULOUSLY, BY THE WAY, A LOT OF, LOT OF GOOD DISCUSSION FROM THE COMMITTEE MEMBERS.
AND, UH, SO WE HAVE THE OTHER HALF OF THE COUNTY, BASICALLY THE LOWER PORTION TO GO THROUGH AND WE'RE GOING TO WORK ON THAT AT OUR NEXT MEETING, BUT WHAT AM I LEAVING OUT? WE JUST DIDN'T, WE DIDN'T QUITE FINISH THE UPPER COUNTY.
WE HAD A LITTLE PIECE, BUT I THINK WE GOT THROUGH THE BULK OF IT.
AND, UH, SOME OF THE MORE CONTROVERSIAL, UH, PROPERTIES, UH, MADE SOME ADJUSTMENTS AND, UH, AND WE'RE MOVING FORWARD.
SO, UM, MY REPORT AND YOUR READING.
UH, COMMISSION REPORTS AND REQUESTS.
YOU NEED TO BRING REQUESTS BY ANY OF THE COMMISSIONERS? NOPE.
AND THEN AT, UH, 8 55, HE ADJOURNED.