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[1.Call to Order]
I CALLED TO ORDER THE YORK COUNTY PLANNING COMMISSION, THE REGULAR MEETING FOR MAY 11TH, 2022.THE CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION.
THE PURPOSE OF THAT, WHICH IS TO ADVISE THE BOARD OF SUPERVISORS ON LAND USE AND PLANNING ISSUES AFFECTING THE COUNTY.
THEIR RESPONSIBILITY IS EXERCISE THROUGH RECOMMENDATIONS, CONVEYED BY RESOLUTIONS 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.
MS. TARTER BEANIE, WOULD YOU CALL THE ROLL PLEASE? MR.
MS. LEE DEM MR. KING, MR. CRINER FROZEN MR. SMITH.
MR. PETERSON, MR. CHAIRMAN, YOU HAVE A QUORUM.
STAND FOR THE PLEDGE OF ALLEGIANCE, PLEASE.
I PLEDGE ALLEGIANCE, WHICH IS SAYINGS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
[4.Approve Minutes–April 13,2022]
A CHANCE TO REVIEW THE MINUTES FROM APRIL 13TH? YES.YES, YOU, I HEAR A MOTION TO APPROVE A MOVE.
WE ACCEPT THE MINUTES AS WRITTEN.
MOTION BY MR. CRINER IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON APRIL 13TH, MR. HURRAY, MR. CRINER.
SO NOW IS THE POINT OF, UH, OF THIS MEETING THAT WE CAN HAVE A SET DESIGN COMMENTS FOR ANYTHING THAT YOU WISH TO COMMENT ON, EXCEPT WHAT'S ON THE AGENDA.
IS THERE ANYONE THAT WISHES TO COME FORWARD AND SPEAK? SEEING NONE? WE'LL MOVE ON.
[Application No. SE-26-22, SMM Southeast LLC d/b/a Sims Metal Management:Request for aSpecial Exception, pursuant to Section 24.1-801(a)(2) of the York County Zoning Ordinance, toauthorize a 50% expansion of a nonconforming metal recycling plant on a 2.9-acre parcel (GPINS03d-4557-1424)located at 2114-A George Washington Memorial Highway (Route 17). Theproperty is zoned GB (General Business) and designated General Business in the ComprehensivePlan.(Deferred from the April 13meeting)]
DO THE, UH, APPLICATION NUMBER S E 26 DASH 22.GOOD EVENING, MR. CHAIRMAN MEMBERS OF THE COMMISSION.
UH, I'M HAPPY TO BE ABLE TO FINALLY PRESENT TO YOU TONIGHT ON THIS APPLICATION.
UH, AS YOU KNOW, IT WAS ORIGINALLY SLATED FOR YOUR MARCH 9TH MEETING AND, AND AT THE REQUEST OF THE PROPERTY OWNER, IT WAS DEFERRED TO APRIL AND THEN DEFERRED TO THIS MEETING AT THE REQUEST OF THE APPLICANT.
SO THE APPLICATION, THE APPLICANT IS SIMS METAL MANAGEMENT AND THE APPLICATIONS FOR A SPECIAL EXCEPTION TO EXPAND A NON-CONFORMING METAL RECYCLING PLANT AT 2114, A GEORGE WASHINGTON MEMORIAL HIGHWAY.
UH, THE PROPERTY OWNER IS LOOSENED THE LARSON, UH, OWNER OF BLACKIE'S AUTO PARTS LOCATED JUST NORTH OF THE SIMS, UH, PROPERTY.
THE, UH, SUBJECT PARCEL IS 2.8 ACRE LANDLOCKED PARCEL.
I THINK SOMEWHERE IN THE MEMO, I SAID 2.4, BUT IT'S REALLY 2.8 LANDLOCKED PARCEL OFF OF ROUTE 17.
UH, IT IS ZONED GB AS IS ALL THE SURROUNDING PROPERTY TO THE NORTH WEST AND SOUTH TO THE EAST.
HOWEVER, PROPERTY IS ZONED R 13 HIGH DENSITY, SINGLE FAMILY, RESIDENTIAL, UH, THE RESIDENCES THAT YOU SEE IN THE ZONING MAP HERE, UH, THAT'S TAB LAKES, AND YOU SEE, UH, THE BODY OF WATER THAT'S TO THE EAST OF THE SUBJECT PARCEL IS A STORMWATER RETENTION POND LAKE ONE, UH, LOCATED ON PROPERTY THAT'S OWNED BY, UH, THE TABLET'S HOA.
AND, UH, THERE WAS ALSO A, UH, A LITTLE WALKING TRAIL, UH, UH, BETWEEN THESE, UH, THE SUBJECT PROPERTY AND THE, UH, AND THE LAKE SIMS METAL, UH, OCCUPIES FOUR PARCELS ON ROUTE 17 WITH A COMBINED AREA OF 5.3 ACRES.
THE TWO PARCELS OUTLINED IN YELLOW, ALONG ROUTE 17, WHICH THEY OWN HAVE A COMBINED, UH, AREA OF 1.4 ACRES WHILE THE TWO PARCELS OUTLINED IN RED, UH, WHICH THEY LEASE FROM THE ADJACENT BLACKIE'S AUTO SALVAGE YARD TO THE NORTH, UH,
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HAVE A TOTAL AREA OF 3.9 ACRES.UH, THE PARCEL IN QUESTION TO THE REAR IS 2.8 ACRES.
UH, I WANT TO KIND OF WALK YOU THROUGH, UH, THE HISTORY OF THIS PROPERTY, UH, CAUSE THERE ARE SOME MISCONCEPTIONS OUT THERE AND, UH, AND, UH, WANT TO MAKE SURE EVERYBODY'S CLEAR ON THE CHAIN OF EVENTS AND WHAT EXACTLY BEING PROPOSED HERE.
UH, SO SINCE THE EARLY TWO THOUSANDS SIMS METAL HAS OPERATED A SCRAP METAL RECYCLING CENTER ON THE TWO PARCELS OUTLINED IN YELLOW, IN ADDITION TO JUNK CARS, THEY ACCEPT APPLIANCES, AIR CONDITIONERS, WATER HEATERS, METAL, LAWN EQUIPMENT, METAL, FENCING, METAL SHELVES, ALUMINUM SIDING, GUTTERS, METAL, WINDOW FRAMES.
YOU GET THE IDEA, UH, AND THESE ITEMS ARE PROCESSED AND THEN TRANSPORTED TO THE COMPANY'S RECYCLING FACILITY IN CHESAPEAKE.
THIS, UH, AERIAL PHOTO IS THE PROPERTY AS IT EXISTED IN 2005.
NOW THAT YEAR IS SIGNIFICANT BECAUSE IT WAS IN 2005 THAT THE BOARD OF SUPERVISORS ADOPTED A SERIES OF ZONING ORDINANCE, TEXT AMENDMENTS.
ONE OF WHICH REVISED THE TABLE OF LAND USE IS BY REMOVING RECYCLING PLANTS AS A PERMITTED USE IN THE GB GENERAL BUSINESS ZONING DISTRICT.
UH, AT THAT POINT, SOON AS IT BECAME A NON-CONFORMING USE, WHICH IS DEFINED AS A LAWFULLY ESTABLISHED USE THAT COMPLIED WITH THE REGULATIONS IN EFFECT AT THE TIME OF ITS ESTABLISHMENT, BUT WHICH FAILS BY REASON OF ADOPTION OF, OR SUBSEQUENT AMENDMENT TO THE ZONING ORDINANCE FAILS TO CONFORM TO THE CURRENT REQUIREMENTS OF THE ZONING DISTRICT IN WHICH IT IS LOCATED.
UH, THE SIMS ACTUALLY ACQUIRED THE TWO PARCELS OUTLINED IN YELLOW IN 2009.
UH, THIS IS THE PROPERTY AS IT APPEARED IN 2011, UH, AS YOU CAN SEE, UH, THE TWO PARCELS TO THE REAR, UH, WERE STILL BEING USED BY BLACKIES AS, UH, AUTO SALVAGE YARD.
SO, UH, AND WE MOVED TO 2013, UH, WHICH IS A YEAR WHEN, IN WHICH, UH, SIMS METAL ENTERED INTO A LEASE AGREEMENT WITH THE OWNER OF BLACKIE'S TO EXPAND THE RECYCLING CENTER ONTO THE TWO PARCELS OUTLINED IN A BREAD PROPOSED IMPROVEMENTS, CONSISTED OF AN ASPHALT SURFACE, A SURFACE ROAD, A LOOP ROAD, A GRAVEL SURFACES FOR SEVERAL STORAGE AREAS AND CONCRETE LINE DRAINAGE SOILS SINCE THE EXPANSION OF THE METAL RECYCLING OPERATION WAS PER, UH, I'M SORRY, SINCE THE PREVIOUS USE OF THE PROPERTY WAS FOR AUTO SALVAGE, UH, THE ZONING ADMINISTRATOR AT THE TIME DETERMINED THAT THE EXPANSION OF THE METAL RECYCLING OPERATION WAS PERMISSIBLE AS A CONTINUATION OF THE PRE-EXISTING NON-CONFORMING USE, WHICH AS I STATED EARLIER, WAS GRANDFATHERED.
AND I EMPHASIZE THIS POINT BECAUSE SOME OF THE EMAILS THAT, UH, THAT YOU'VE SEEN SUGGESTED THAT THIS EXPANSION WAS NOT LEGAL, UH, BUT THAT'S NOT THE CASE.
IT WAS AUTHORIZED, UH, BY THE PREVIOUS ZONING ADMINISTRATOR.
UH, AS YOU CAN SEE IN THIS PHOTO BY 2013, THE SALVAGE VEHICLES HAD BEEN REMOVED FROM THE SUBJECT PARCEL, UH, PRESUMABLY TO MAKE ROOM FOR THE EXPANSION OF THE RECYCLING PLANT.
SO THE NEXT PHOTO IS 2017 AND IT SHOWS THE EXPANSION THAT WAS APPROVED IN 2013.
UH, YOU CAN SEE THAT BY NOW THE LOOP ROAD HAS BEEN CONSTRUCTED THE AREA WITHIN THE LOOP ROAD WHERE THE SCRAP METAL IS STOCKPILED AND LOADED INTO METAL CONTAINERS, WHICH IS THE NOISE PART OF THE OPERATION THAT HAS GENERATED THE MOST COMPLAINTS FROM RESIDENTS OF THE ADJACENT TAT LAKES SUBDIVISION.
AS YOU CAN SEE FROM THIS PHOTO.
AND, UH, THE ONE FROM 2013, THERE WAS A CONTINUOUS FOUR YEAR PERIOD WHERE THE AREA BEHIND THE LOOP ROAD, THAT IS THE AREA BETWEEN THE LOOP ROAD AND, UH, THE TABLET'S COMMON AREA, UH, WAS NOT BEING USED FOR AUTO SALVAGE OR RECYCLING.
SO THAT PORTION OF THE PROPERTY IS NO LONGER GRANDFATHERED FOR THOSE USES A NON-CONFORMING USE LOSES ITS NONCONFORMING STATUS AFTER THE USE HAS BEEN DISCONTINUED FOR A PERIOD OF TWO YEARS OR MORE.
UH, ONE OF THE GOOD THINGS ABOUT, UH, DEFERRING THE APPLICATION IS THAT SINCE MARCH WE'VE GOTTEN NEWER AERIAL PHOTOGRAPHY.
AND SO, UH, THIS IS THE AERIAL PHOTO FROM 2021.
UH, AND WHAT IT SHOWS, UH, IS IN AN ATTEMPT TO ADDRESS THE
[00:10:01]
NOISE CONCERNS THAT I MENTIONED EARLIER, UH, SIMS METAL, UH, INSTALLED A WALL OF STACKED METAL SHIPPING CONTAINERS ALONG THE REAR OF THE SUBJECT PROPERTY, ADJACENT TO TAP LEGS, TO SERVE AS A NOISE BUFFER BETWEEN THE RECYCLING OPERATION AND THE RESIDENTIAL NEIGHBORHOOD.AND YOU CAN SEE, UH, UH, THE SHIPPING CONTAINERS AS THEY APPEARED WHEN THIS PHOTO WAS TAKEN.
UH, SINCE THEN ADDITIONAL SHIPPING CONTAINERS HAVE BEEN, UH, ADDED ALONG THE NORTHERN PROPERTY LINE.
UH, UH, YOU CAN SEE THE CONTAINERS, UH, THE DISTANCE BETWEEN THE CONTAINERS AND THE NEAREST RESIDENTIAL PROPERTIES IN TABLO LAKES, UH, RANGES FROM 250 TO 275 FEET.
IN ADDITION TO THE CONTAINERS, THE AREA TO THE EAST OF THE LOOP ROAD, UH, AS YOU CAN SEE IN THE PHOTO WAS BEING USED FOR STORAGE OF EQUIPMENT AND SALVAGE VEHICLES ON A GRAVEL SURFACE, ALTHOUGH NO STORAGE, GRAVEL OR SHIPPING CONTAINERS WERE SHOWN ON ANY SITE PLAN FOR THE PROPERTY.
SO UNFORTUNATELY THESE, UH, THESE IMPROVEMENTS WERE MADE WITHOUT ANY AUTHORIZATION FROM THE COUNTY AND A ZONING ORDINANCE SAYS A NON-CONFORMING USE CANNOT BE ENLARGED WITHOUT APPROVAL FROM THE BOARD OF SUPERVISORS THROUGH THE ISSUANCE OF A SPECIAL EXCEPTION, WHICH IS THE APPLICATION BEFORE YOU TONIGHT, UH, IN MAY, 2021, THE OWNER OF THE SUBJECT PROPERTY WAS ISSUED A NOTICE OF VIOLATION FOR ALLOWING AN UNAUTHORIZED EXPANSION OF THE RECYCLING OPERATION, UH, AND ADVISING HER OF THE NEED TO APPLY FOR A SPECIAL EXCEPTION AND TO SUBMIT A SITE PLAN.
UH, THE NOTICE ALSO NOTED, UH, VIOLATIONS OF THE, UH, UH, NOISE ORDINANCE, UH, DECIBEL READINGS IN EXCESS OF 65, UH, DECIBELS.
UH, AND AS SOON AS THE METAL DID SUBMIT AN APPLICATION, UH, LAST JUNE, BUT WE HAD TO RETURN IT TO THEM, UH, AND TELL THEM IT WAS NOT ACCEPTABLE BECAUSE THE SKETCH PLAN SHOWED AN EXPANSION THAT WAS GREATER THAN 50%, WHICH YOU ORDINANCE DOESN'T ALLOW.
THE ORDINANCE SAYS THAT YOU, UH, YOU CAN GET A SPECIAL EXCEPTION TO EXPAND A NON-CONFORMING USE IF THE BOARD APPROVES IT UP TO AN ABSOLUTE MAXIMUM OF 50%.
UH, IN ADDITION, WE ASKED THEM TO SUBMIT SOME KIND OF ACOUSTICAL ANALYSIS, DOCUMENTING THE NOISE ATTENUATION QUALITIES OF SHIPPING CONTAINERS, UH, WHICH THEY DID PROVIDE.
AND THIS PAST JANUARY SIMS METAL SUBMITTED A REVISED APPLICATION THAT ADDRESSED THESE ISSUES.
AND THAT'S, UH, THE APPLICATION, WHICH IS THAT IS BEFORE YOU TONIGHT, IT'S A REQUEST FOR SIMS TO ALLOW SIMS TO KEEP THE SHIPPING CONTAINERS AND OUTDOOR STORAGE THAT WERE ESTABLISHED, UH, WITHIN THE PAST COUPLE OF YEARS WITHOUT AUTHORIZATION, AND ALSO TO AUGMENT THE EXISTING NOISE BUFFER BY ADDING MORE CONTAINERS ALONG THE NORTHERN AND SOUTHERN PROPERTY LINES.
UH, THERE'S THIS A PICTURE OF THE, OF, UH, SIMS FROM ROUTE 17 AND THEN YOU'VE GOT BLACKIE'S, UH, NEXT DOOR, UH, IN THIS PICTURE, WE'RE LOOKING, UH, AT THE LOOP ROAD, LOOKING TOWARD THE EAST TOWARD TAB LAKES.
YOU CAN SEE THE SCRAP METAL STOCKPILE AREA THAT'S LOCATED WITHIN THE LOOP ROAD.
UH, YOU CAN SEE THE CRANE THERE, UH, IN THE FOREGROUND, IN THE BACKGROUND, YOU CAN SEE THE, UH, SHIPPING CONTAINERS, UM, ALONG IN THE EASTERN PORTION OF THE PROPERTY.
NOW YOU'LL NOTE THAT IN THIS PICTURE, THE CONTAINERS ARE STACKED THREE HIGH.
UH, THE ACTUAL REQUEST THAT'S BEFORE YOU IS TO ALLOW THEM TO BE STACKED, UH, DOUBLE STACKED.
UM, THERE WAS SOME CONVERSATION BETWEEN US AND THE APPLICANT NOTING THAT, UH, THE, UH, UH, SKETCH PLAN SUBMITTED BY SIMS METAL ACTUALLY SHOWED THE, UH, UH, CONTAINERS BEING DOUBLE STACKED, NOT TRIPLE STACKED.
AND THE ACOUSTICAL ANALYSIS WAS BASED ON A DOUBLE STACK IN THE CONTAINERS.
SO, UH, SIMS, UH, SUBSEQUENTLY REMOVED THE, UH, TOP LEVEL OF CONTAINERS.
AND HERE'S A, ANOTHER PHOTO THAT KIND OF THE REVERSE ANGLE LOOKING BACK, UH, KIND OF TOWARD ROUTE 17.
THIS IS THE, AGAIN, THE SCRAP METAL STOCKPILE AREA, UH, AGAIN, WHERE THE, WHERE THE MOST NOISE, UH, GENERATION GENERATING ACTIVITY TAKES PLACE A LITTLE CLOSER LOOK AT THE CONTAINERS, UM, AS YOU CAN, UH, THEY'RE NOT BEAUTIFUL.
UH, AND THERE'S SOME, SOME RUST ON, ON, UH, YOU KNOW, NOTICEABLE
[00:15:01]
RUST ON SOME OF THESE CONTAINERS.SO, UH, ONE OF THE CONDITIONS OF APPROVALS THAT WE HAVE INCLUDED IN THE PROPOSED RESOLUTION IS THAT ON THE SIDES FACING TOWARD TAB LAKE, UH, THEY PAINT THE SHIPPING CONTAINERS, A BUFF TAN, OR OTHER NEUTRAL COLOR, UH, TO MINIMIZE THE VISUAL IMPACT, UH, ON THOSE, UH, PROPERTIES SO THAT IT WOULD, THE CONTAINERS WOULD BLEND IN A LITTLE BETTER WITH THE ENVIRONMENT.
THE REASON WE CHOSE BUFF TAN IS THAT THAT'S TYPICALLY WHAT YOU SEE ON V DOT NOISE WALLS, UH, ALONG HIGHWAYS, NOT IN EVERY CASE, BUT IN MOST CASES, UH, WE ALSO INCLUDED A CONDITION SAYING THAT SIMS HAS TO REGULARLY MAINTAIN IF THE APPLICATION IS APPROVED, NEEDS TO REGULARLY MAINTAIN, UH, THESE CONTAINERS.
BECAUSE AS I MENTIONED, YOU'VE GOT RUSS THERE.
UH, THAT WAS ACTUALLY A SUGGESTION OF, UH, ONE OF THE CITIZENS WHO SPOKE, UH, AT ONE OF YOUR PREVIOUS PUBLIC HEARINGS ON THIS, UH, MR. SEVERANCE, I BELIEVE, UH, HAD SUGGESTED, UH, REQUIRING MAINTENANCE.
AND WE THOUGHT THAT WAS A GOOD IDEA.
SO WE INCLUDED THAT AS A CONDITION OF APPROVAL, UH, ANOTHER, A LITTLE BIT CLOSER LOOK AT THE CONTAINER WALLS.
UM, AND THIS IS LOOKING OVER AT, AT BLACKIE'S, UH, UH, UH, SALVAGE YARD, UH, ON THE OPPOSITE SIDE OF THE FENCE THERE A COUPLE OF WEEKS AGO, UH, WENT OUT AND TOOK THIS PICTURE OF SIMS, UH, FROM, UH, ONE OF THE RESIDENTIAL PROPERTIES IN TABLO LAKES WITH THE PERMISSION OF THE PROPERTY OWNER, UH, OF COURSE SPRING TIME.
AND THE FOLIAGE IS, IS, UH, IS FLUSHED.
AND, UH, I, FRANKLY, I, I COULDN'T, I COULDN'T SEE ANYTHING, UH, THROUGH THE TREES, UH, BUT AGAIN, THAT SPRING TIME.
SO IF YOU TAKE A LOOK AT THIS PICTURE THAT WAS TAKEN IN JANUARY, 2019, AND A LITTLE DIFFERENT VIEW, UH, YOU'VE GOT THE IT'S, IT'S PRETTY VISIBLE, AND THAT YOU CAN SEE THOSE, THOSE ORANGE CONTAINERS THAT REALLY STAND OUT.
SO AGAIN, THE RATIONALE FOR, UH, THE PAINTING, UH, CONDITION.
SO THIS IS THE SKETCH PLAN THAT WAS SUBMITTED BY THE APPLICANT.
UH, THE EXPANSION AREA IS OUTLINED IN GREEN.
UH, WE CALCULATED THE GRANDFATHERED PORTION OF THE PROPERTY TO BE APPROXIMATELY 0.9 ACRE.
UH, SO THIS LIMITED THEM TO ABOUT 0.4, EIGHT, LITTLE LESS THAN HALF AN ACRE OF EXPANSION.
AND THAT'S WHAT THEY'RE SHOWING ON THIS PLAN.
UH, AS YOU CAN SEE, SINCE THAT 2021 PICTURE WAS TAKEN, UH, THESE, UH, TWO CONTAINERS, UH, IN FACT, THESE THREE CONTAINERS I BELIEVE, OR AT LEAST THESE TWO HAVE BEEN INSTALLED.
UM, AND, UH, THEY ARE ALSO ACTUALLY HAD ALL REQUEST.
THEY ARE PROPOSING TO INSTALL ANOTHER LINE OF CONTAINERS DOWN HERE, ALONG THE, ROUGHLY ALONG THE SOUTHERN PROPERTY LINE, BASICALLY TO TRY TO CONTAIN THE NOISE BETTER, UH, BY, BY, BY ENCLOSING, UH, THAT EXPANSION AREA.
AND, UH, THEN WITHIN THE EXPANSIONARY, YOU'VE GOT, UH, THE GRAVEL THAT YOU SAW IN THAT PICTURE, UM, WHICH WHERE THERE WOULD BE STORING EQUIPMENT AND VEHICLES.
I MENTIONED THAT WE HAD ASKED FOR SOME KIND OF, UH, DOCUMENTATION ABOUT THE EFFECTIVENESS OF SHIPPING CONTAINERS, UH, AS A, AS A NOISE BUFFER.
AND, UH, IN YOUR PACKET, YOU HAVE THE, UH, UH, MEMO THAT WAS, UH, UH, SUBMITTED A REPORT PREPARED BY ALLIGATOR ACOUSTICS AND, UH, UH, SUMMARIZING IT STATES THAT THE CONTAINERS WILL BE SEALED CLOSED STEEL PLATES, FASTENED TO THE CONTAINERS SPANNING ACROSS THE GAPS BETWEEN THE CONTAINERS ON BOTH SIDES OF EACH CONTAINER.
AND HE SAYS THAT THE COMBINED THAT THIS COMBINED WITH THE GEOMETRY OF THE NOISE BARRIER WILL RESULT IN AT LEAST A 35 DECIBEL REDUCTION OF NOISE.
UM, IT MAY SEEM COUNTERINTUITIVE THAT WE WOULD RECOMMEND APPROVAL OF AN APPLICATION TO EXPAND, AND NON-CONFORMING USE THAT MANY NEARBY RESIDENTS REGARD AS A NUISANCE, UM, AND JUDGING FROM SOME OF THE COMMENTS THAT WE'VE GOTTEN.
THERE SEEMS TO BE A PERCEPTION THAT IF THE APPLICATION IS APPROVED, THE NOISE PROBLEMS WILL GET WORSE.
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BELIEVE IT IS LIKELY THAT APPROVAL OF APPROVAL OF THIS APPLICATION WILL RESULT IN LESS NOISE IMPACT ON TABLETS, NOT MORE, UH, WITH THE INSTALLATION OF ADDITIONAL CONTAINERS AND THE CEILING OF THE GAPS BETWEEN THE CONTAINERS WITH STEEL PLATES.UH, NOW IF SIMS WERE PROPOSING TO EXPAND ITS RECYCLING OPERATION OR MOVE IT CLOSER TO TAB LAKES, I'M PRETTY SURE WE WOULD BE RECOMMENDING DENIAL OF SUCH AN APPLICATION.
UH, BUT THAT IS NOT THE CASE HERE.
THE PROPOSED CONDITIONS OF APPROVAL SPECIFICALLY LIMIT THE AE EXPANSION TO THE INSTALLATION OF CONTAINERS FOR NOISE, ATTENUATION AND STORAGE OF EQUIPMENT AND SALVAGE VEHICLES.
AND IF YOU LOOK IN YOUR RESOLUTION CONDITION CONDITION, NUMBER THREE STATES THAT NO CRUSHING OF VEHICLES OR OTHER METAL PRODUCTS OR LOADING A METAL PRODUCTS INTO CONTAINERS, A SHELL WILL BE PERMITTED IN THE EXPANSION AREA.
UH, WE BELIEVE THE CONTAINERS WILL HELP ADDRESS THE ONGOING NOISE PROBLEMS. WE BELIEVE THE PAINTING AND MAINTENANCE REQUIREMENTS WILL LESS THAN THE VISUAL IMPACTS.
SO WE'RE RECOMMENDING THAT YOU FORWARD THE APPLICATION TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION OF APPROVAL SUBJECT TO THE CONDITIONS SET FORTH IN RESOLUTION PC 22 DASH 10 R ONE.
IF YOU'RE ASKING, WONDERING WHAT THAT, UH, LATEST REVISION IS, UH, IN THE PREVIOUS VERSION OF THE RESOLUTION, WE HAD A REQUIREMENT THAT THE, UH, THAT THEY HAD TO SUBMIT A SITE PLAN WITHIN 30 DAYS OF APPROVAL, IF THE APPLICATION IS APPROVED AND WE CHANGED THAT TO 60 DAYS AT THE REQUEST OF THE APPLICANT.
UH, SO, UH, I KNOW THAT MR. JEREMY LAWS FROM SIMS METAL IS HERE TO SPEAK ON THEIR BEHALF, AND I'D BE HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME AT THIS TIME.
I HAVE A, A QUESTION ON GEOMETRY HERE, UH, IN THE STAFF REPORT, IT TALKS ABOUT THAT THE DISTANCE BETWEEN THE SUBJECT PARCEL OF RESIDENTIAL LOTS AND TABLET LAKES RANGES FROM APPROXIMATELY 120 TO 170 FEET.
AND THE DIAGRAM THAT, UM, UH, ALLIGATOR, UM, ALLIGATOR ACOUSTICS PUTS THE BARRIER TO THE TYPICAL RECEIVER AS 360 FEET, RIGHT? THE STAFF REPORT IS REFERRING TO THE DISTANCE BETWEEN THE SAME AS PR ACTUALLY THE BLACKIES PROPERTY LINE, UH, TO, UH, THOSE, THE PROPERTY LINE YEARS PROPERLY.
AND, UH, TABLETS, WHAT ELEVATOR, UH, IS SHOWING HERE IS THE DISTANCE BETWEEN THE ACTUAL, UM, SHIPPING CONTAINER WALL AND WHAT THEY CALL THE TYPICAL RECEIVER, WHICH I ASSUME IT'S ACTUALLY THE HOUSE ITSELF AND NOT THE PROPERTY LINE.
QUESTION REGARDING THE CONTAINERS.
UM, MY REVIEWS ONLINE AND I, I GRANT THAT'S NOT A NECESSARILY A SMALL SCIENTIFIC APPROACH, BUT, BUT A LOT OF, UH, ANALYSIS OF A SHIPPING CONTAINERS IN TERMS OF NOISE, UH, UH, REDUCTION SUGGEST THAT AT LEAST ONE WALL, ONE INTERNAL WALL OF THE SHIPPING CONTAINERS HAS TO BE INSULATED.
OTHERWISE IT JUST ACTS LIKE A STEEL DRUM.
WE'VE ALL HEARD JAMAICAN BANDS USING STEEL DRUMS IT'S LOUD.
AND UNLESS YOU'VE GOT SOMETHING THAT STOPS THE SOUND FROM GOING FROM ONE WALL TO THE OTHER WALL, YOU BASICALLY DON'T HAVE A BARRIER AT THE LOWER LEVEL.
HAS THERE BEEN ANYTHING, ANYTHING PROPOSED BY THE PLANNING DEPARTMENT TO ADDRESS THAT ISSUE OR TO SUGGEST SOME INTERNAL BAFFLING THAT, UH, SHOULD BE IN PLACE IN THOSE CONTAINERS? WELL, NO, THERE'S NOTHING IN THE CONDITIONS OF APPROVAL, UH, THAT WOULD, UH, REQUIRE THAT, UH, WE WENT WITH THE, UH, UH, THE FINDINGS OF THE ACOUSTIC ENGINEER WHO SHOWED THE, UH, NOISE REDUCTION, UM, YOU KNOW, BASED ON THEIR EXPERTISE.
AND SO WE DIDN'T SEE ANY REASON TO, UH, ADD ANYTHING.
OH, I AGREE ON THAT, THAT THEIR ANALYSIS OF THE HEIGHT OF THE CONTAINERS CAUSES THE EX THE SOUND TO BE REDUCED, BUT THAT'S ONLY IF YOU'VE STOPPED US OUT FROM COMING THROUGH THE CONTAINERS.
WELL, THEY ALSO TALK ABOUT SEALING THE GAPS BETWEEN THE CONTAINERS WITH THE METAL PLATES.
THAT'S A, THAT'S A GOOD STEP, BUT I'M ASKING HOW DO YOU STOP THE NOISE FROM ACTUALLY GOING REVERBERATING THROUGH THE CONTAINERS? YOU WOULD HAVE TO ASK MR. ALLIGATOR, OKAY.
UH, I BELIEVE SIMS MIGHT BE ABLE TO ANSWER THAT QUESTION BECAUSE I BELIEVE THEY HAVE SUCCESSFULLY,
[00:25:01]
UH, UTILIZED, UH, CONTAINERS.AND THAT WAS THE LOCATIONS, UH, FOR NOISE ATTENUATION, UH, JUST TO CLARIFY, THE, IN THE EXPANSION THEY'RE ALLOWED TO PARK VEHICLES, WHAT'S THE USE OF THE, THE CAPTURED SPACE IN BETWEEN THESE ASTOUNDED? UH, THEY INDICATED, AND WHAT I SAW OUT THERE IN THE FIELD WAS JUST, UH, SOME EQUIPMENT STORAGE, UH, OUT THERE, UH, AS WELL AS, UH, SOME SALVAGE VEHICLES, UH, BEING, BEING STORED OUT THERE, NOT TO BE CONFUSED WITH EXPANSION OF THE RECYCLING, RIGHT, IS THAT THE RECYCLING TAKES PLACE WITHIN THAT LOOP WITHIN THAT LOOP ROAD.
SO THE VEHICLES WOULD HAVE TO BE MOVED, PROCESSED AND MOVED TO THE SCRAP METAL STOCKPILE AREA.
ONE IN THE, UH, ALLIGATOR, THE ROLLING THERE, IT TALKS ABOUT BLUE AREAS AND YELLOW AREAS, BUT IT DIDN'T HAVE THE THIRD WALL, THE WALL TO THE SOUTH AND THE ANALYSIS.
SO IT LOOKS TO ME LIKE THAT WOULD ALMOST MAKE IT AN ECHO CHAMBER BETWEEN THE NORTH AND SOUTH WALLS WITH THE METAL CONTAINER.
THERE, ANY COMMENTS, AGAIN, I'M NOT AN ACOUSTICAL ENGINEER, UH, BUT YOU'RE A ROCKSTAR, MR. UH, YOU KNOW, UH, AGAIN, THAT WAS, WAS AT STAFF'S RECOMMENDATION, UH, TO TRY TO CONTAIN THE NOISE.
UH, HAVE YOU BEEN, EVER BEEN OUT THERE OR NEAR THERE? IT IS A RIDICULOUSLY LOUD OPERATION? UH, I SHOULDN'T SAY RIDICULOUS.
IT IS A VERY LOUD OPERATION, UH, AND WHEN I WAS OUT THERE SPEAKING WITH MR. LAWS AND, AND THE OTHER GENTLEMAN, UH, UH, YOU KNOW, ON THE SITE, I, I, I COULD BARELY HEAR, HEAR WHAT HE WAS SAYING NOW FURTHER AWAY, OBVIOUSLY IT WAS, IT WAS MUCH BETTER.
UM, BUT IT IS, IT IS, UH, I SHOULD HAVE QUASI INDUSTRIAL OPERATION OUT THERE TO GENERATE A LOT OF NOISE.
I SHOULD HAVE DONE SOME MORE RESEARCH RESEARCH, BUT THE TYPICAL V DOT BARRIER IS, ARE THEY ABOUT THE SAME HEIGHT AS THE DOUBLE STACK? WELL, THESE WOULD BE 19 FEET HIGH, UH, WITH THE DOUBLE STACKING.
AND, UH, THAT WOULD BE, UH, I, I, I APOLOGIZE CAUSE I, I DID ACTUALLY LOOK INTO THAT QUESTION BACK IN APRIL WHEN I THOUGHT THE APPLICATION WAS GOING FORWARD.
UH, AND IT'S, IT'S SLIPPED MY MIND.
THEY'VE GOT TO MEET OUT SOUND WALL VISIBLE FROM MY HOUSE AS LONG AS 64 THERE, BUT I DON'T KNOW WHAT THE HEIGHT OF THOSE ARE.
THEY ARE WIDER, UH, THAN, UH, UH, THAN THE SHIPPING CONTAINERS.
BUT AS FAR AS HEIGHT, I DON'T KNOW HOW THEY COMPARE.
AND, AND JUST TO KIND OF SIMPLIFY THIS FOR ME, IF THE APPLICATION, IF WE RECOMMEND DISAPPROVE DISAPPROVE, THE SHIPPING CONTAINERS WOULD COME OUT OF THAT AREA.
THAT'S THAT WAS OUTLINED IN BLUE.
I THINK ALL THE SHIPPING SHIPPING IT, TAMMY WOULD BE REMOVED FROM THAT ALL THE SHIPPING CONTAINERS WOULD HAVE TO BE REMOVED.
AND WE THINK THAT WOULD MAKE THE PROBLEMS WITH, AND THE NOISE WOULD NOT BE REMOVED BECAUSE THEY COULD STILL OPERATE THE REST OF THEIR YES.
AND I KNOW IT WOULD JUST BE A MATTER OF, OF, UH, YOU KNOW, NOISE OR CODE ENFORCEMENT AS FAR AS THE, UH, UH, UH, WELL, THE NOISE OR, YEAH, IT'LL BE BETWEEN SIMS METAL AND THE RESIDENTS OF TAB LAKES.
AND, YOU KNOW, AND, AND, UH, YOU KNOW, WE'VE, WE'VE, UH, WE'VE HAD OUR ZONING PEOPLE GO OUT THERE WITH A DECIBEL METERS AND, UH, AND, UH, YEAH, THERE ARE SPIKES, YOU KNOW, OVER 65.
UM, UH, ORIGINALLY, UH, IT WAS THE, THE SPIKES WERE KIND OF SPORADIC, UH, AND NOT CONTINUOUS AND WOULD BE, UH, UH, KIND OF HARD FROM AN ENFORCEMENT STANDPOINT STANDPOINT, UH, GOING INTO COURT, UM, AND TRYING TO, UH, UH, YOU KNOW, GET A JUDGMENT, UH, NOISES, ORDINANCES ARE NOTORIOUSLY HARD TO, UH, UM, TO GET THROUGH THE COURT SYSTEM.
AND, UH, IF A JUDGE DOES, UH, ACTUALLY, YOU KNOW, FIND THEM GUILTY, IT'S THE $250 FINE.
UH, IT DOESN'T REALLY ADDRESS THE CENTRAL, IT DOESN'T REMEDY THE SITUATION AS FAR AS ELIMINATING THE PROBLEM.
I HAVE NOBODY ELSE HAVE ANY MORE QUESTIONS, SO THANK YOU.
IF I GET THIS RIGHT, WE'RE GOING NOW TO GO TO THE, UH, CONTINUING THE PUBLIC OPEN.
[00:30:01]
PUBLIC HEARING.YOU GOT TO REEL ME MEAN I CLOSED IT BEFORE I THOUGHT THIS WAS A CONTINUING PUBLIC HEARING.
THE COMMISSION CONTINUED THE PUBLIC HEARING FROM MARCH TO APRIL, THEN APRIL TO MAY, AND NOW YOU JUST NEED TO REOPEN IT.
AND I WILL OPEN THE PUBLIC HEARING FOR THIS APPLICATION.
UM, WILL THE APPLICANT COME FORWARD IF THEY'RE HERE SIMS METAL, TERRI, IS IT LOST JEREMY? HOW Y'ALL DOING TODAY? GOOD, PLEASE, PLEASE STATE YOUR NAME.
UM, I WORKED FOR SIMS METAL, UH, WORKED IN THE, UM, TAB LOCATION SINCE 2016 OFF AND ON.
SO, UM, I WANT TO KIND OF GO OVER A COUPLE OF THE QUESTIONS YOU GUYS HAD FIRST, AND THEN WE'LL GO OVER THIS.
UM, SOME OF IT WE'LL SKIP BECAUSE IT KIND OF DOUBLED WHAT THE STAFF ALREADY MENTIONED.
UM, BUT AS FAR AS THE, UM, CONTAINERS MAKING AN ECHO CHAMBER, UM, THE DENSITY OF THE STEEL IS WHAT MATTERS WHENEVER YOU'RE TALKING ABOUT, UM, SOUND AND HOW IT REVERBERATES, RIGHT? THE, UH, CONTAINERS ACTUALLY DON'T MAKE AN ECHO CHAMBER.
WE'VE DONE THIS IN SEVERAL LOCATIONS, INCLUDING IN NEW YORK, UM, IN BETWEEN, UM, JERSEY CITY, WHERE WE ACTUALLY HAVE AN AUTO SHREDDER, UM, WHICH MAKES OUR LOCATION AND, UM, TAB LOOK, UH, MINUSCULE AND MAKE NO NOISE AT ALL.
THEY WERE VERY LOUD MACHINES THAT ARE STORING CARS, UM, RIGHT NEXT TO CONDOS.
AND ON THE OTHER SIDE OF THE CONTAINERS, YOU ACTUALLY CANNOT HEAR THAT THERE'S EVEN A SHUTTER THERE AT ALL, OR ANY NOISE WHATSOEVER.
WE'VE PUT MONITORS ON BOTH THE FRONT AND THE BACKSIDE OF THE CONTAINERS TO FIGURE OUT THAT IT MAKES SURE THE CONTAINERS ARE ACTUALLY WORKING AND DOING WHAT THEY'RE SUPPOSED TO DO FROM THE EDGE OF THE, OUR PROPERTY TO INSIDE THE CONTAINERS.
THERE'S A 30 DECIBEL DIFFERENCE.
SO WE KNOW THAT THE CONTAINERS ARE STOPPING THE NOISE, JUST LIKE THE, UM, UH, THE, UM, SOUND ENGINEER SUBMITTED.
IT IS DOING EXACTLY WHAT HE SAID IT WAS GOING TO DO.
SO, UM, WE WANTED TO MAKE SURE IT WAS SO THAT'S WHY WE TESTED IT BEFORE WE SUBMITTED EVERYTHING AND KIND OF WENT FROM THERE.
SO, UM, AS FAR AS THE HEIGHT OR THE INTERSTATE BARRIERS, UM, THEY'RE TYPICALLY BETWEEN 15 AND 25 FEET, DEPENDING ON THE, UM, USE NEAR THE INTERSTATE, BECAUSE WE'VE LOOKED AT THAT AS WELL.
ONE OF THE BENEFITS OF USING SHIPPING CONTAINERS IS IF WE STILL HAVE ISSUES WITH, UM, LET ME REPHRASE THIS.
IT PROVIDES FLEXIBILITY IN CASE WE NEED TO ADJUST SOMETHING IN THE FUTURE.
WE CAN, WHETHER WE MOVE SOMETHING UP OR MOVE SOMETHING TO A DIFFERENT DIRECTION, TO MAKE SURE THAT WE GET THE NOISE ATTENUATION THAT WE'RE LOOKING FOR ON ALL SIDES OF THE PROPERTY.
UM, WHICH IS WHY I THINK THAT THERE WAS A QUESTION TO ADD, THE OTHER WALL WAS TO GIVE A LITTLE BIT MORE, UM, PROTECTION FOR PEOPLE ON THE SOUTH SIDE OF OUR PROPERTY AND THE NOISE THAT WOULD BE COMING FROM THE SOUTH SIDE OF THE PROPERTY.
SO THAT WOULD, THAT WAS THE OVERALL BENEFIT OF THAT.
SO, UM, SO AGAIN, YOU GUYS ALREADY COVERED THIS, SO I'M GOING TO SKIP IT, BUT THEY ALREADY WERE TALKING ABOUT HERE, UM, IS, YOU KNOW, THE GREEN AREA WE OWN IN THE RED.
UM, SO AGAIN, KIND OF THE SAME THING THAT YOU GUYS LOOKED OVER, UM, THAT WE SHIPPED AND RECEIVED JUNK, UH, AT THE FACILITY, UH, AND SCRAP AT THE FACILITY.
UM, SO IN 2018, THE COUNTY ADVICE STEMS OF THE NOISE COMPLAINTS, WE BEGAN TO USE CONTAINERS, UH, WHICH IS ALLOWED ON JUNKYARDS, UH, FOR NOISE ATTENUATION.
AND AGAIN, WE'VE USED EXTENSIVE EXPERIENCE WITH THIS CONTAINERS BEING USED FOR THIS PURPOSE IN JERSEY CITY.
UH, THERE ARE NOISE BARRIERS BETWEEN, UH, LIKE I SAID, LUXURY CONDOS ON THE OTHER SIDE, UM, AND CONTAINER WALLS ARE DESIGNED OR MODIFIED BASED FROM THE FEEDBACK FROM THE COUNTY.
AND AGAIN, WE CAN MODIFY THOSE SPACES ON THE RECOMMENDATION FROM THE COUNTY AS WELL, GOING FORWARD.
SO AGAIN, UH, WE GOT THE NOTICE OF VIOLATION AND MAY DOESN'T, UM, ONE SIDE OF THE EXPANSION OF THE USE.
UH, THERE'S NO CHANGE IN THE USE AND THE AREA IS CONTINUED AS GRANDFATHERED USE AS A JUNKYARD THAT CONTAINERS ARE STILL JUNK AT THIS POINT, THEY ARE NOT BUYING NEW CONTAINERS.
SO WE PUT THEM ON THE PART FOR THE JUNKYARD.
UM, THE PROPERTY OWNER IN SIMS APPEALED TO NOTIFICATION.
WE WAIVED THE RIGHT TO THE APPEAL.
UH, WE IMMEDIATELY BEGAN DISCUSSIONS WITH THE COUNTY TO REACH YOUR ACCEPTABLE, UH, APPROACH, WHICH IS WHY WE'RE HERE TODAY.
SO THIS IS ALL BASIS OFF OF THAT.
UM, AND AGAIN, THE CONTAINERS, SOME PEOPLE I KNOW CONCERNED PREVIOUSLY ABOUT, WOULD THEY BE ABLE TO BLOW OVER OR ANYTHING LIKE THAT THEY'RE MADE TO BE STACKED.
WE WELD THEM TOGETHER WHENEVER WE NEED TO, UH, TO MAKE SURE THAT THEY'RE SECURED TO EACH OTHER AND THE SHAPE OF THE CONTAINERS THEMSELVES ALSO ALLOW FOR MORE RIGIDITY, UM, GIVING IT MULTIPLE ACCESS WHERE IT WILL NOT BE ABLE TO BE BLOWN OVER, UM, OR ANYTHING LIKE THAT.
SO WHAT WE'RE REALLY LOOKING FOR IS FOR THEM TO BE WELDED AGAIN, PAINTED, UM, WE HAVE THEM USE SHAPED TO ENHANCE STABILITY.
UH, WE'RE GOING TO PROPOSE ADDITIONAL MODIFICATIONS AS NEEDED TO IMPROVE A NOISE ATTENUATION.
UH, AND IN PARTICULAR, ADDRESSING THOSE NEIGHBORS OUTSIDE OF THE AREA, BENEFITING FROM THE EXISTING SUNWALL AND WE'RE ABSOLUTELY WOULD AGREE TO LIMIT THE ACTIVITIES TO THE EAST OF THE CONTAINER BARRIERS, UM, ON THE BACKSIDE OR, SORRY.
UM, ON THE EAST SIDE, YOU KNOW, THE BACKSIDE WHERE THE CONTAINERS ARE, WE'RE FINE.
WE D WE WOULD LEAVE THAT PROPERTY AS IT IS, OBVIOUSLY.
[00:35:03]
ARE THE OTHER QUESTIONS YOU GUYS HAVE FOR, UH, SO ONE OF MY QUESTIONS FROM THE LAST SESSION WAS HOW DO YOU PREVENT THE SECOND ROW OF COMPETITORS FROM TOPPLING? AND YOU'RE SUGGESTING THAT THEY'RE WELDED TO THE FIRST.SO THERE'LL BE WELDED ON ALL FOUR CORNERS, UM, ON FRONT BACKSIDE.
SO THEY HAVE SEVERAL POINTS WHERE THEY'RE WELDED, AND THEN THE CONTAINER IS ACTUALLY WELDED TOGETHER ON THE TOP AND THE BOTTOM.
SO THEY HAVE SEVERAL POINTS TO MAKE SURE THAT THEY CAN'T, THEY CAN'T GO ANYWHERE.
I'M JUST READING YOUR NOTES HERE.
THE CONTAINER IS YOU SAFE? WHY IS USAF MORE STABLE? UH, HAVE A ONE STRAIGHT LINE WALL, WIND HITS THAT ONE WALLET.
IT WOULD BE TO GIVE YOU THE OPPORTUNITY TO PUSH THE WALL DOWN THE U SHAPE ON THE OTHER END, GIVES IT A VERY, A POINT TO PUSH AGAINST, BECAUSE AGAIN, ALL THE CONTAINERS ARE WELDED TOGETHER AND WE BUTTONED THE ENDS UP TO WHERE ONE WALL WOULD PUSH AGAINST THE OTHER ON THE U S ON THE END, THE SEVENTH.
IT LOOKED LIKE IT WAS JUST SETTING ON.
UH, THE OTHER THING IS IN PARTICULAR TO ADDRESS THOSE NEIGHBORS OUTSIDE THE AREA, BENEFITING FROM THE EXISTING SOUND BARRIER, I'M NOT SURE I UNDERSTAND THAT SENTENCE.
SO THE WAY IT SOUNDED WORKS, IN ESSENCE, IF YOU HAVE A LINE OF SIGHT, THERE'S A GOOD CHANCE YOU HAVE A LINE OF SOUND, RIGHT? SO IF THERE'S A LINE OF SIGHT TO THE, ON THE OUTSIDE OF WHERE YOU DRAW A PRISM AND ESSENCE WHERE THE SOUND IS ACTUALLY GENERATED FROM, IF THE CONTAINER IS NOT FAR ENOUGH UP ONTO OUR PROPERTY ON ONE SIDE OR THE OTHER, THEY'RE NOT GOING TO GET ANY BENEFIT FROM THAT SOUND WALL.
SO IF WE NEED MORE MODIFICATIONS THIS IN THE FUTURE, WE CAN MAKE THOSE MODIFICATIONS AND EXTEND THE WALL UP OR MOVE WHATEVER SHAPE WE NEED TO TO MAKE SURE THAT WE ADDRESS THE OTHER RESIDENTS THERE.
QUESTIONS, MR. GREEN, MR. GREINER, I THANK YOU.
UH, WE HAVE A, SEVERAL, UH, OTHER PEOPLE THAT WISH TO SPEAK, UH, MICHAEL, WHERE I REPRESENT THE PROPERTY OWNER OF THAT SHIP AND WHERE I REALLY HAVE NOTHING TO SAY TONIGHT, BECAUSE I'M REALLY BASICALLY JUST HERE ON BEHALF OF THE APPLICANT, IF THEY NEED ANY INFORMATION WITH REGARD TO THE PROPERTY.
SO I FORGOT TO ASK YOU TO PLEASE STATE YOUR NAME AND ADDRESS IT'S MICHAEL, WHERE I'M THE ATTORNEY THAT HAD SHIPPED THEM, WHERE 4,000 GEORGE WASHINGTON.
I, I HAVE NO QUESTIONS FOR YOU.
THERE IS A, UH, DAVID ALLEN, PLEASE COME FORWARD.
STATE YOUR NAME AND ADDRESS, AND YOU HAVE THREE MINUTES.
MY NAME IS DAVID ALLEN AT 4 0 4 TABLETS DRIVE IN THIS SUBDIVISION.
I THANK YOU FOR ALLOWING ME TO HAVE THE OPPORTUNITY TO EXPRESS MY VIEWS TO THIS COMMITTEE.
TO THIS EVENING, I APPLIED BY FELLOW ROADS RESIDENTS WHO GAVE THEIR TESTIMONIES LAST MONTH, OVERWHELMING W UH, OVERLOAD WITH THE NOISE ENEMIES FROM THE SIMS TROPICAL YARD.
UH, I JUST LIVE TWO BLOCKS AWAY FROM WHERE THE ACTUAL PERIMETER OF A SCRAP YARD BATTERY IS BEYOND THE RAYS BURN.
EVEN WITH THIS DISTANCE, THERE ARE DAYS THAT NOISE IS OFTEN QUITE LOUD, AND OFTENTIMES CONTINUOUS WITH THAT STATED IN ALMOST ALL THE DISCUSSIONS OVER THE PAST TWO MONTHS ON THE MATTER OF THE NOISE, WHICH CAN BE HEARD COMING FROM THE BUSINESS.
THERE HAS BEEN NO DISCUSSION WITH RESIDENTS AS TO THE LEGALITY OF THE BUSINESS EXPANSION AND ALREADY IN PLACE CONTAINERS AT THE SCRAP YARD.
THIS PUBLIC FORUM IS FOR RESIDENTS TO GIVE THEIR OPINIONS ON THE PROPOSED EXPANSION OF SAID BUSINESS, HOW IS IT THAT SENDS MAIL WAS ALLOWED TO EXPAND BUSINESS WHEN THEY WERE LEGALLY OBLIGATED TO INFORM THE PUBLIC FIRST, BEFORE EXPANDING THEIR BUSINESS PREVIOUSLY WAS STATED BY MR. CROSS AT THE MARCH 9TH PLANNING COMMISSION THAT THE BUSINESS HAD ALREADY EXPANDED.
WHEN THE BUSINESS ADJACENT TO SIMS METAL, BLACKIES OFFERING UP THEIR LAND FOR SAID TO EXPANSION ON A LEASE BASIS IN 2013.
AND THEN SOMETIME LATER THE EXAMS WERE THEN BROUGHT IN FOR EXPANSION.
HOW WAS IT POSSIBLE FOR SIMS METAL TO BUILD THEIR CONTAINERS WALLS BEFORE THERE WAS PUBLIC INPUT AND RECOMMENDED AND RECOMMENDATION FROM THIS COMMITTEE? AND OF COURSE, NO FINAL APPROVAL FOR THE, YOUR COUNTY BOARD OF SUPERVISORS IN JUNE, 2021, SINCE METAL PUT FORTH, THEY PROPOSED NOISE ANALYSIS AND EXPANSION AGENDA TO BE BROUGHT FORTH TO THE BOARD AND TO HAVE A PUBLIC HEARING, TO RECEIVE INPUT FROM THE RESIDENTS WHO LIVE AT, JUST ACROSS THE BERM AND THE TABLET DIVISION CONCERNING THE PROPOSED SHIPPING CONTAINERS.
WHEN WERE THESE CONTAINERS FIRST BROUGHT IN AFTER 10 MONTHS OF PLANNING AND SINCE MIDDLE ENGAGED IN ILLEGAL CONSTRUCTION EXPANSION ON THEIR PROPERTY, WE AS A RESONANCE OF TAB, LAKES ARE NOW JUST BEING ALLOWED TO VOICE OUR OPINIONS.
MR. CROSS ALSO STATED THAT STORAGE OF EQUIPMENT AND SALVAGING VEHICLES HAVE BEEN EXPANDED TO BEYOND THE LIMITS OF THE APPROVED SITE PLAN.
SO THE PROBLEM IS THAT SINCE METAL IS A NON-CONFORMING USE AND A NON-CONFORMING USE, IT CANNOT BE EXPANDED WITHOUT AUTHORIZATION FROM THE BOARD OF SUPERVISORS.
AND THE OTHER PROBLEM IS THAT THESE MODIFICATIONS REQUIRE SITE PLAN APPROVAL, WHICH WAS NEVER APPROVED, MUCH LESS SUBMITTED.
[00:40:01]
IRONIC IS THAT THE ILLEGAL ALREADY IN PLACE EXPANSION OF THIS BUSINESS HAS BEEN GIVEN THE GO-AHEAD BY MR. CROSS THROUGH THE APPROVAL RECOMMENDATIONS OF THE CONCLUSION AT HIS WRITTEN STATEMENTS AND APPROVAL WAS AUTHORIZED LONG BEFORE ANY CITIZEN INPUT WAS ACTUALLY TO TAKE PLACE.HOW MANY LAWS REGULATIONS HAVE THIS HAS, HAS BEEN BROKEN.
I APOLOGIZE FOR MY LATENESS AND THANK YOU FOR YOUR TIME.
UH, MR. COOK, ROB COOK, PLEASE COME FORWARD.
STATE YOUR NAME AND ADDRESS, AND YOU HAVE THREE MINUTES, SIR.
I LIVE AT 1 0 4 ADELE COURT IN TABLEAU LAKES.
UM, AND I'M HERE TO REQUEST THE COMMISSION, NOT APPROVE THIS SPECIAL EXCEPTION TONIGHT.
UM, SO FOR A COUPLE REASONS, ONE AS, AS SOME OF THE OTHER SPEAKERS HAVE ALREADY MENTIONED IS, UM, THIS, UH, SIMS METAL HASN'T HAS ALREADY EXPANDED WITHOUT APPROVAL.
SO THEY HAVEN'T REALLY SHOWN GOOD FAITH TO THE COMMUNITY, UM, BY, BY NOT GETTING APPROVAL AHEAD OF TIME.
UM, AND THEY SHOULDN'T BE REWARDED, UH, FOR THESE ACTIONS, UM, WITH, UH, WITH SOMETHING THAT'S GOING TO HAVE AN ADVERSE IMPACT ON THE COMMUNITY TOO.
UM, YOU KNOW, AS LIVING IN THE COMMUNITY, YOU KNOW, THE CURRENT OPERATIONS IT'S ALLOWED, IT'S A CONTINUOUS KIND OF LOUD NOISE, UM, THROUGHOUT THE DAY.
UM, AND THAT'S RIGHT NOW WITH THOSE CONTAINERS THAT SUPPOSEDLY ARE GOING TO KEEP THE NOISE DOWN.
UM, BUT IT IT'S LOUD RIGHT NOW.
UM, ALSO I WANT TO BRING UP TO THE TRAFFIC ON ROUTE 17.
UM, IF YOU'RE TRAVELING ALONG THERE, THERE'S LOTS OF TRAFFIC PULLING IN THERE SOMETIMES BLOCKING THE ROAD, UH, TURNING IN SOMETIMES THERE'S LARGE TRACTOR TRAILERS THAT ARE PULLING OUT AND INSIST ON TAKING A LEFT OUT OF THERE AND THEN BLOCK, UH, PART OF 17, UH, TRYING TO GET IN THE OTHER SOUTHBOUND LANES.
UM, ALSO THERE IS, UM, UM, YOU KNOW, THAT PART OF 17 DOESN'T LOOK VERY GOOD.
UM, IT'S KIND OF, UH, YOU KNOW, LOTS OF THE, UH, SCRAP METAL JUNKYARDS, UM, IN YOUR COUNTY, I THINK SHOULD MAKE A STRONG EFFORT TO IMPROVE THAT AREA OF 17.
WHEN YOU COME INTO YOUR COUNTY, IT DOESN'T GIVE A VERY GOOD FIRST IMPRESSION, UH, COMING INTO THE COUNTY.
UH, FINALLY I DO WANT TO SAY THE, UM, BACK AT THE BEGINNING OF MARCH, I WAS, UH, HEADING TO THE SOUTH SIDE AND AS I WAS COMING OUT OF THE TUNNEL, I SAW THIS HUGE BLACK CLOUD OF SMOKE, UM, OVER IN THE, UH, NORFOLK CHESAPEAKE AREA.
UH, AND ACTUALLY THAT WAS, UH, I'M SURE YOU SAW IT WAS ON THE NEWS.
UM, THAT WAS ACTUALLY THE SIMS METAL, UH, LOCATION ON THE SOUTH SIDE.
UH, THERE WAS A LARGE FIRE DOWN THERE.
UM, SO YOU CAN JUST IMAGINE, I DON'T, I DON'T THINK WE WOULD WANT THAT, UH, WITH POTENTIAL, ALL SORTS OF TOXIC FUMES AND SMOKE AND WHATNOT, UH, THAT CLOSE TO OUR NEIGHBORHOOD.
SO I, I THINK THE KEY HERE IS, IS WHAT EVERYONE'S TRYING TO SAY IS WE NEED TO FIND, HAVE THE COUNTY COME UP WITH A NEW USE IN, IN, UH, KIND OF A WAY FORWARD ON THIS WHOLE PROPERTY.
UM, THE NOISE AND THE CONTAINERS IS JUST, IS JUST A SYMPTOM OF IT.
UH, WE REALLY NEED A LONG-TERM SOLUTION FOR THIS PROPERTY.
UH, ELLIS SHARANDA HERE, PLEASE.
STATE YOUR NAME AND ADDRESS, AND YOU HAVE THREE MINUTES, SIR.
THANKS FOR HEARING ME TONIGHT.
UH, MY NAME IS ELLIS SHERIDAN.
I LIVE ON 1 35 LESLIE LANE AND, UH, TAB LAKES.
I'VE BEEN THERE SINCE THE END OF 91.
IT WAS THE FIRST OWNER OF THE HOUSE I'M IN AND, UH, I'M CURRENTLY THE VICE PRESIDENT ON THE BOARD OF DIRECTORS FOR TABLETS HOMES ASSOCIATION.
SO, UH, SOME OF THE THINGS THAT I'M ABOUT TO SAY ARE, OR HAVE ALREADY BEEN COVERED TO A DEGREE.
I THREW SOME NOTES TOGETHER, UH, THIS EVENING, BUT ONE OF THE THINGS THAT MR KRAUSE SAID BACK ON THE 9TH OF MARCH, HE ADMITTED SIMS HAS ALREADY EXPANDED ITS OPERATION WITHOUT APPROVAL.
AND THAT WAS ALREADY BROUGHT UP BY MR. COOK.
UH, IF YOU LOOK AT THE SERIES OF PICTURES THAT YOU HAD UP THERE SHOWING BY DATE, YOU COULD SEE THAT, UH, WITHOUT COUNTY PERMISSION, THEY WENT AHEAD AND EXPANDED ON THEIR OWN IN THERE.
AND NOW THEY'RE TURNING AROUND AND THEY HAVE THE, TO ASK THIS COUNTY TO GIVE THEM A SPECIAL APPROVAL AFTER THEY HAVE SO BLATANTLY IGNORED WHAT THE REQUIREMENTS WERE.
I ALSO SEE THE SAME ATTITUDE FROM THEIR COMPANY WHEN IT COMES TO NOISE LEVELS, BECAUSE, UH, WE'VE HAD OUR PEACE AND QUIET GEORGE.
SO MANY TIMES THERE ARE NEIGHBORHOOD WITH LOUD NOISES.
IN FACT, I CAN ATTEST THAT ABOUT THREE WEEKS AGO, 6 25 IN THE MORNING, WHICH IS WELL BEFORE THEY'RE ALLOWED TO MAKE
[00:45:01]
ANY NOISE.WE HEARD CRASHING NOISES COMING OUT OF SIMS METALS, AND I'M NOT ALONE WHEN I SAY THAT.
AND I'M SURE ANYBODY ELSE FROM TAB LAKES WILL TELL YOU THE SAME THING.
THEY DO NOT ADHERE TO THE RULES AT ALL.
I JUST WANT TO TALK ABOUT THE ENGINEERING ANALYSIS THAT I SAW FROM MR. ALLIGATOR, UH, THERE'S CONSUMER INCONSISTENCIES IN THERE.
ONE OF THE THINGS HE SAID WAS THAT, UH, HE ASSUMES THE CONTAINERS THAT ARE PUT UP THERE ARE MADE A 14 GAUGE STEEL WE'LL DO WE KNOW THAT HAS THIS PLANNING COMMISSION CHECK TO SEE THAT THAT'S REALLY, YOU KNOW, THE GAUGE OF THE STEEL.
SECONDLY, UH, HE CLAIMS FOR 15 TO 45 DECIBELS ATTENUATION.
NOW THAT'S BASED ON FREQUENCY, ACCORDING TO HIM, WHY DO WE ASSUME THOSE CONTAINERS ARE GOOD FOR WHAT HE'S DESCRIBED AS A 35 DECIBEL ATTENUATION FOR AN EIGHT FOOT CONTAINER? HOW DO WE KNOW? HE ALSO ADMITS THAT ACOUSTIC TESTS OF THE CONDITION HAVE NOT BEEN PERFORMED THAT'S IN WRITING.
SO AGAIN, WHERE'S THE PROOF OF EFFICACY OF THOSE STACK CONTAINERS.
AND THEN HE ALSO DESCRIBES A SIX TO EIGHT INCHES BETWEEN CONTAINERS WOULD BE COVERED BY STEEL PLATES YET IN YOUR NOTES FROM ONE MARCH, IT STATES SIX TO 12 INCHES AND HE PLACED THOSE GAPS.
ARE YOU PUT A STEEL PLATE? THOSE STEEL PLATES DO NOT ATTENUATE AS WELL AS THE CONTAINER ITSELF.
SO, YOU KNOW, WHO'S GOING TO SEE TO IT THAT THEY PUT THEM TIGHT THERE.
SO JUST IN CONCLUSION, I'D LIKE TO TELL YOU THAT, UH, UH, AS A NEIGHBOR AND TAB LAKES, I'M CONCERNED ABOUT WHAT MY RESIDENTS ARE SEEING, NOT ONLY FROM THE NOISE THAT JARS THEM EARLY IN THE MORNING, BUT ALSO WHAT THE LOOK OF THOSE CONTAINERS STICKING ABOVE OUR BURM DOES TO MAKE AN EYESORE IN OUR NEIGHBORHOOD.
I HOPE THAT YOU'LL TAKE THAT INTO ACCOUNT.
IS THERE, THAT'S ALL WE, THOSE SLIPS I HAVE FOR, FOR THIS APPLICATION, IS THERE ANYONE ELSE OUT THERE THAT WISH TO SPEAK AT THIS TIME, CNN, I'M ON TO CLOSE THE PUBLIC COMMENTS AND WE'LL OPEN IT UP TO THE COMMISSIONERS.
UH, SO BEFORE WE DO THAT, MR. CHAIRMAN, CAN I JUST CLARIFY THAT, UH, THE GENTLEMAN WHO JUST SPOKE MENTIONED THAT THE DISCREPANCY BETWEEN THE ACOUSTIC ANALYSIS AND THE STAFF REPORT WHERE THE 60, UH, THAT'S AN ERROR ON MY PART, IT'S A SCRIBNER'S ERROR.
UH, UH, I MENTIONED WHAT, SIX TO EIGHT INCHES IN THE MEMO.
AND I JUST, FOR WHATEVER REASON WAS SIX TO 12 INCHES.
WELL, 30 LASHES THERE, MR. CROSS.
SO NOW COMMISSIONERS, LET'S START, MR.
SO THIS IS A DIFFICULT SITUATION BECAUSE, UM, IF WE GO, AS MR. KRAUSE HAS, SO ELEGANTLY TALKED ABOUT, IF WE SAY THAT THIS EXPANSION IS NOT ALLOWED, THE AREA WHERE THE, UH, ATTENUATING, UH, STAT CONTAINERS HAVE TO BE REMOVED.
SO NOW WHAT HAPPENS IS RATHER THAN HAVING ANY ATTENUATION FROM WHAT IS GOING ON, WHICH HAS BEEN GRANDFATHERED, THERE IS NOTHING THAT WE CAN DO TO STOP THAT.
UM, THE RESIDENTS ARE GOING TO GET EXPOSED MUCH MORE TO A HIGHER LEVEL OF NOISE BY HAVING THE EXPANSION.
IF WE APPROVE THE EXPANSION, NOT ONLY DO WE HAVE THE NOISE, HOPEFULLY IT'S ATTENUATED, BUT WE HAVE THE VISUAL EFFECT THAT, UM, RIGHT NOW, UH, AS I WALKED IT, IT WAS FINE BECAUSE THE TREES ARE UP AND, UH, YOU CAN'T SEE WALKING, UH, T THE TAB LAKES, UH, AREA.
YOU CAN'T SEE THE STACKED, UH, CONTAINERS, BUT OBVIOUSLY AS MR. CROSS HAD A PICTURE IN THE WINTER TIME, WHEN THERE IS NO FOLIAGE ON THE TREES, YOU'RE GOING TO SEE IT.
SO, UM, IT IS A DIFFICULT SITUATION THAT WE HAVE.
WE'RE NOT GOING TO BE ABLE TO ELIMINATE THE PROBLEM.
UM, I HAVE TO AGREE WITH THE STAFF REPORT THAT, UM, WE WOULD NEED TO HAVE SOME ATTENUATION AND, UM, WITH THE, UH, HORSESHOE, WHICH IS NOT THERE NOW WITH OUR HORSESHOE, UH, I THINK THAT THERE WILL BE A GOOD ATTENUATION OF THE NOISE, EVEN THOUGH THE,
[00:50:01]
IT WON'T LOOK PRETTY, UM, EVEN PAINTED, IT'S STILL GOING TO BE STACKED CONTAINERS.SO TO ME, UH, I I'D HAVE TO SAY THAT I'D HAVE TO SUPPORT THE APPLICANT.
WELL, I, I COME FROM THE OPPOSITE VIEW.
UM, HAVEN'T WORKED IN SOME BUSINESSES THAT ARE CONTENTIOUS REFINING AND CHEMICAL PLANTS.
AND WHEN YOU HAVE A PERMIT, UM, WHEN YOU A PERMIT ISSUE, YOU YOUR ONE ON TOP OF THAT, AND FOR A BUSINESS TO, TO ALREADY BE IN A NON-CONFORMING, UH, APPLICATION, AND TO HAVE IGNORED THE PERMIT REQUIREMENTS TO HAVE COME FORWARD AND MADE THE REQUEST TO EXPAND AND DONE.
SO BEFORE THEY DID BEFORE THEY'VE ACTUALLY MADE THAT EXPANSION IS, IS JUST MIND BLOWING IN MY, IN, IN MY BACKGROUND THAT WOULD NEVER OCCUR IN A, IN A, IN THE KIND OF INDUSTRY I WAS IN.
AND I THINK THAT'S JUST AN EXAMPLE OF THE LACK OF ATTENTION THAT WE'RE SEEING WITH THIS PARTICULAR COMPANY.
AND, AND I, SO I I'M, I'M SUPPORTING, UH, THE NEIGHBORS, I THINK THERE IS A GENERAL OR, OR A LACK OF CONCERN FOR ISSUES IN THAT NEIGHBORHOOD.
I THINK THIS, UH, EXPANSION, UH, ONLY COMING TO THE BOARD BECAUSE OF A NOTICE OF VIOLATION IS EVIDENT THAT, UM, TH THERE NEEDS TO BE A RETHINK AND I THINK GOING FORWARD AND ALLOWING THE EXPANSION TO TAKE PLACE, UM, IS JUST WRONG.
AND THE CONTAINERS MAY WELL DAMPEN THE NOISE.
UH, BUT I, I DON'T THINK THEY HAVE IN THE BASE CASE, THE RIGHT TO EXPAND WITH, UH, WITH THE WAY THEY'VE APPROACHED THE NEIGHBORHOOD AND APPROACHED THE COUNTY.
UM, I, YOU KNOW, TAKING IT BACK TO THE ORIGINAL, UH, UM, GEOGRAPHY AND ELIMINATING THAT AREA TO THE, TO THE EAST, UH, BY ITSELF WOULD ALREADY START TO REDUCE THE NOISE BECAUSE YOU'VE EXPANDED THE DISTANCE TO THE NEIGHBORHOOD.
UM, I I'M INCLINED TO NOT SUPPORT THE APPLICATION.
I, UH, I STAYED WITH THE NEIGHBORS.
MAYBE I MISUNDERSTAND IT, BUT I THOUGHT THE DISTANCE WON'T CHANGE BECAUSE THEY HAVE TO COME BACK FROM WHERE ALL THAT MATERIAL IS STORED.
YEAH, NO, NO, NO, NO, THAT'S NOT CORRECT.
THE EXPANSION THAT WAS AUTHORIZED BY THE ZONING ADMINISTRATOR IN 2013 EXPANSION IS ONLY A SHIPPING CONTAINER.
SO LOOP, NO, THAT'S ALL THE WORK THAT SQUAD MISUNDERSTOOD THAT IT'S GRANT CRIME.
I SEE THIS AS VERY SIMPLE, WE CAN EITHER APPROVE THIS AND THERE'S A SOUND BARRIER THERE OF SOME SORT.
OR IF WE SAY NO, THEN THE SOUND BARRIER DISAPPEARS.
IT AFFECTS THE SA, YOU GOT THE SAME AMOUNT OF SOUND COMING.
IT GOT THE SAME SOUND BEING PRODUCED, REGARDLESS THAT DOESN'T CHANGE THE USE, DOESN'T CHANGE THE EXPANSION OF THE RECYCLING PORTION.
THE ONLY THING THAT CHANGES HERE IS THERE IS A BARRIER THAT MAY BLOCK THE SOUND.
AND, UM, I'M INCLINED TO, YOU KNOW, SEE THE BARRIERS IN PLACE BECAUSE MOST THE COMPLAINTS SEEM TO BE ABOUT THE SOUND OUT THERE AND WHY WOULDN'T WE DO SOMETHING THAT IMPROVES THE SITUATION.
WELL, YOU SAID THAT VERY NICE.
WHAT I WAS GOING TO SAY HERE, SOMETHING VERY SIMILAR.
WHAT I WAS GOING TO SAY, IF THE APPLICATION IS JUST FOR THE SOUND BARRIER.
IT'S NOT FOR THE SHEET FOR THE SIMS METAL MOVEMENT, ANY PLACE ON THE LAND.
WHETHER THE SOUND BARRIER GOES UP OR IT DOESN'T GO UP, RIGHT.
THAT'S THE WAY I UNDERSTAND THE APPLICATION.
AND SO IF WE DECIDE, IF WE RECOMMEND DISAPPROVAL, THE SOUND BARRIERS, COME DOWN, THE FULL NOISE COMES TOWARD TAB LAKES.
AND WITH THE BARRIER UP, IT MAY HELP.
AND I THINK IT WILL, TO SOME EXTENT HOW MUCH, I DON'T KNOW, AND THERE'S NOT A LOT OF OTHER RECOURSE BECAUSE THE PROPERTY THAT THE BUSINESS ITSELF HAS BEEN GRANDFATHERED ON THAT PIECE OF THE PROPERTY, HOW THEY CAN'T GO BACK ANY FURTHER TOWARD TAB LAKES, BUT WHERE THEY'RE CURRENTLY AT HAS BEEN AS A GRANDFATHERED SITUATION.
UH, SO I, I, I DON'T KNOW WHAT ELSE TO DO.
I WOULD HAVE LIKED TO SEE, UH, IF THE CONTAINERS DON'T WORK, IF THEY WOULD HAVE A PLAN B, IF HE WOULD, MAYBE THE V DOT BARRIERS WOULD WORK BETTER, MAYBE THEY'D BE A MINIMAL TO TRY AND THE TYPE OF BARRIER.
SO I'LL HAVE BB DOT BARRIERS, BUT THOSE SOUND BARRIERS, AND MAYBE THEY WON'T, BUT, UH, THAT WOULD BE MAYBE A PLAN B.
SO I WILL SUPPORT THE APPLICATION.
[00:55:01]
MR. CROSS, LET ME ASK A QUESTION.YOU HAD INDICATED THAT THERE WAS A NOTICE OF VIOLATION ISSUED.
I BELIEVE THAT WAS IN 20 20, 20, 21, 20 21.
AND THAT WAS FOR EXPANSION IT'S FOR THE INSTALLATION OF THE SHIPPING CONTAINERS, WHICH CONSTITUTED AN EXPANSION.
SO, UH, ANY OTHER COMMENTS? OKAY.
UH, SO I WILL ENTERTAIN A MOTION TO ACCEPT THE APPLICATION AND TO ACCEPT THE C WHATEVER.
I RECOMMEND WE MOVED, UH, MOVED PC 22 DASH 10 R ONE FORWARD TO THE BOARD SUPERVISORS, BUT YOU NEED TO TAKE A ROLL CALL, PLEASE.
THE MOTION BY MR. CRINER CHOKED UP PC 22 DASH 10 ARE
SORRY TO AUTHORIZE AN EXPANSION UP A NON-CONFORMING METAL RECYCLING PLANT AT 2114, A GEORGE WASHINGTON MEMORIAL HIGHWAY.
THANK YOU, MR. CROSS, UH, WHEN WILL THIS GO TOWARD THE WORD? I AM FAIRLY CONFIDENT THAT THIS ONE WILL GO FORWARD TO THE BOARD ON JULY 9TH, JULY 19TH.
[Application No. YVA-48-22, C2J Properties, LLC:Request for Yorktown Village Activityapproval, pursuant to Section 24.1-327(b) of the York County Zoning Ordinance, to authorize theestablishment of a tourist home within an existing single-family attached dwelling on a 0.03-acreparcel (GPINP12c-2013-1543) located at 210 Ambler Street (Route 1009). The property is zonedYVA (Yorktown Village Activity) and is designated Yorktown in the Comprehensive Plan.]
NEXT STEP, WE HAVE THE FIVE MINUTES HERE, THE APPLICATION FOR A Y VA 48 GUYS, 22 CT C TO J PROPERTIES, THE LLC, AND A TOURIST HOME IN THE, UH, DISTRICT HERE IS MR. COREY.THIS APPLICATION IS A REQUEST FOR YORKTOWN VILLAGE ACTIVITY APPROVAL TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME AND AN EXISTING SINGLE FAMILY ATTACHED DWELLING LOCATED AT TWO 10 AMBLER STREET.
THE PROPOSED TOURISM IS A THREE BEDROOM TOWNHOUSE, WHICH OCCUPIES THREE HUNDREDS OF AN ACRE, AND THE WINDMILL POINT TOWNHOME SUBDIVISION.
THE PROPERTY IS BOUNDED BY TWO SINGLE FAMILY ATTACHED HOMES AND A COMMON AREA OWNED BY THE WINDMILL POINT OWNER'S ASSOCIATION.
THE SUBJECT PROPERTY IS LOCATED IN YORKTOWN NEAR THE COLEMAN BRIDGE, AND IT OVERLOOKS THE WATERMAN'S MUSEUM PROPERTIES, THE SUBJECT PROPERTY, THE SUBJECT PARCEL, AND ALL THE SURROUNDING PARCELS ARE ZONED, UH, YORKTOWN VILLAGE ACTIVITY.
CLAUDIA CASSO ONE OF THE APPLICANTS AND THE OWNER OF C2 J PROPERTIES, LLC RESIDES WITH HER HUSBAND.
UH, JACOB PALTROW, TWO DOORS DOWN FROM THE SUBJECT PROPERTY AND THE SINGLE FAMILY ATTACHED DWELLING LOCATED AT TWO 12 AMBLER STREET BUILD THE TOURIST HOME WOULD BE MANAGED BY C2 J PROPERTIES, LLC.
THE SUBJECT PROPERTY IS OWNED BY TWO 10 AMBLER STREET, LLC, WHICH IS OWNED BY MR. FRANK WOOD.
UH, PROPOSED CONDITION OF APPROVAL HAS BEEN ADDED THAT WOULD REQUIRE THE TOURIST HOME TO BE SUPERVISED AND MANAGED BY A PERSON WHO RESIDES AND IS PRESENT AT TWO 12 AMBLER STREET.
WHEN THE TOURIST HOME IS RENTED, ACCORDING TO THE APPLICANT'S NARRATIVE, THEY WOULD RENT THE WHOLE THREE BEDROOM TOWNHOUSE TO NO MORE THAN SIX GUESTS.
THE TOURIST HOME WOULD BE RENTED FOR A MINIMUM OF THREE AND A MAXIMUM OF 28 DAYS.
STAFF HAS PROPOSING APPROVAL CONDITIONS REQUIRING THE TOURIST HOME TO BE OPERATED IN ACCORDANCE WITH THE APPLICANT'S NARRATIVE.
THERE ARE SEVERAL SHORT-TERM RENTALS OPERATING IN THE YORKTOWN VILLAGE AREA, ALL OF WHICH WERE APPROVED BY THE BOARD.
THESE INCLUDE THREE BED AND BREAKFAST ESTABLISHMENTS.
THE MARLIN ON CHURCH STREET, THE YORK RIVER IN ON AMBLER STREET, WHICH IS LOCATED NEXT DOOR TO THE SUBJECT PROPERTY AND THE HORNS BE HOUSE IN ON MAIN STREET.
TOURIST FILMS INCLUDE THE YORKTOWN COTTAGES ON BALLARD, UH, AND THE ANDROID HOUSE ON NELSON STREET.
THE SUBJECT WAS APPROVED AS A BED AND BREAKFAST ESTABLISHMENT IN 1995, JUST ONE MONTH AFTER THE YORK RIVER IN GAINED APPROVAL.
BUT THE APPLICANT MR. FRANK WOULD NEVER ESTABLISHED THE BUSINESS.
ACCORDING TO THE INSTITUTE OF TRAFFIC, ENGINEERS, TRIP GENERATION MANUAL, A TYPICAL SINGLE FAMILY ATTACHED DWELLING GENERATES AN AVERAGE OF 7.2 TRIPS PER DAY, WHILE NO TRIP GENERATION ESTIMATES ARE AVAILABLE FOR SHORT-TERM RENTALS.
SIMILAR USES FOR WHICH THIS INFORMATION IS AVAILABLE ARE TIMESHARE UNITS, WHICH GENERATED AN AVERAGE OF 8.6 TRIPS PER DAY AND OCCUPIED MOTEL ROOMS, WHICH GENERATE AN AVERAGE OF 4.4 TRIPS PER DAY.
THE NUMBER OF PEAK HOUR TRIPS FOR BOTH USES IS LESS
[01:00:01]
THAN ONE STEP LEAVES.THIS WOULD NOT, UH, OVERBURDEN THE AMBLER STREET, WHICH CARRIES APPROXIMATELY 80 VEHICLES PER DAY.
THE WINDMILL POINT TOWNHOMES SUBDIVISION HAS 18 PARKING SPACES THAT SERVE SIX HOMES.
EACH HOME HAS TWO ASSIGNED PARKING SPACES, AND THERE ARE SIX ADDITIONAL GUEST SPACES.
YOU MAY RECALL THAT THE MEMORANDUM ENUMERATES 16 PARKING SPACES, THIS IS BECAUSE THE HOA RECENTLY RESTRIPE THE PARKING LOT AND ADDED TWO MORE PARKING SPACES IN THE PROCESS.
THE ZONING ORDINANCE REQUIRES A TOTAL OF FOUR OFF-STREET PARKING SPACES FOR THIS USE THE APPLICANT STATE IN THEIR NARRATIVE THAT WHILE THE TWO ASSIGNED SPACES ALONG WITH TWO OF THE GUEST SPACES COULD BE USED TO MEET THE REQUIREMENTS OF THE ZONING ORDINANCE.
RENTERS WILL BE LIMITED TO TWO CARS, WHICH WILL PARK IN THE TWO SPACES ASSIGNED TO TWO 10 AMBLER STREET.
STAFF PROPOSES THIS AS A CONDITION OF APPROVAL WITH PREVIOUS TOURS, WHOM APPLICATIONS CONCERNS HAVE BEEN EXPRESSED THAT THE APPLICANT COULD EVENTUALLY SELL THE PROPERTY TO SOMEONE WHO WOULD NOT FOLLOW THE SAME PROCEDURES AS THE APPLICANT TO A LADY'S CONCERNS.
STAFF HAS INCLUDED A PROPOSED CONDITION OF APPROVAL THAT WOULD CAUSE THE USE PERMIT TO EXPIRE UPON EITHER OF THE FOLLOWING EVENTS, ONE C J PROPERTIES, LLC, CEASES TO OPERATE THE TOURIST HOME OR TO CLAUDIA CASSO IS NO LONGER A PRINCIPAL OWNER OF C2, J PROPERTIES, LLC.
THE BOARD OF SUPERVISORS CREATED THE YORKTOWN VILLAGE ACTIVITY DISTRICT TO RECOGNIZE THE NATIONAL AND INTERNATIONAL SIGNIFICANCE OF THE AREA, AS WELL AS THE INTERRELATEDNESS OF HISTORIC RESIDENTIAL AND COMMERCIAL LAND USES.
UNLIKE SOME OTHER TOURIST HOME APPLICATIONS, THIS PROPERTY IS NOT IN A RESIDENTIAL ZONING DISTRICT.
RATHER IT'S LOCATED IN A MIXED USE VILLAGE WITH RESIDENTIAL COMMERCIAL, TOURIST RELATED MUNICIPAL AND INSTITUTIONAL LAND USES.
MANY OF WHICH ARE IN CLOSE PROXIMITY TO ONE ANOTHER CONSISTENT WITH THE BOARD'S OBJECTIVES RELATED TO ENHANCEMENT OF TOURISM.
THE PROPOSED TOURIST HOME WOULD ADD A VARIETY TO THE RANGE OF VISITOR ACCOMMODATIONS AVAILABLE IN YORKTOWN.
FURTHERMORE, THE APPLICANTS LIVE LESS THAN 50 FEET FROM THE SUBJECT PROPERTY.
IT IS A VERY SMALL COMMUNITY AND THEY HAVE THEIR NEIGHBORS SUPPORT AND STAFF'S OPINION.
THE, UH, THE PROPOSED TOURIST HOME WOULD HAVE NO ADVERSE IMPACTS ON NEARBY PROPERTIES OR ON THE YORKTOWN VILLAGE.
THEREFORE STAFF RECOMMENDS APPROVAL OF THIS SUBJECT TO THE CONDITIONS SET FORTH, THEN PROPOSED RESOLUTION NUMBER PC 22 DASH 14.
AND THE APPLICANTS ARE HERE TO ANSWER ANY QUESTIONS FOR YOU AND I'M HAPPY TO AS WELL.
ANY, UH, QUESTIONS AT ONE QUESTION, MS. RAUL, THE, UM, THE APPLICANT, THE APPLICANT, UH, IN THIS CASE IS A MANAGEMENT, UH, PROPERTY MANAGEMENT FIRM RATHER THAN THE OWNER.
UH, IT'S CLAUDIA CASSO AND JACOB PALTROW WOULD BE THE MANAGERS OF THE PROPERTY, BUT THE PROPERTY IS ACTUALLY OWNED BY THE MR. FRANK WARD.
IT'S OWNED BY TWO 10 AMBLER STREET, LLC, WHICH I THINK YOU INDICATED WAS OWNED BY MR. FRANKWOOD.
AND SO WHY IS THE APPLICATION NOT COMING FORWARD FROM THE OWNER? UM, I THINK I BETTER DEFER THAT TO THE APPLICANT.
I THINK THEY COULD ANSWER THAT BETTER.
I'M GOING TO CONTINUE THAT LINE OF QUICK, JUST SO I UNDERSTAND THIS, WE HAVE THE TWO 10 LLC WHO OWNS THE PROPERTY, BUT THE LLC IS OWNED BY FRANK WOOD, MR. FRANKWOOD.
AND THEN WE HAVE THE C TWO J PROPERTIES LLC OWNED BY MRS. UH CASSO AND MR. VOLTRON, AND THEY ARE GOING TO MANAGE THE PROPERTY AS A, AS A TOURIST HOME.
CJ PROPERTIES IS OWNED BY CLAUDIA CASSO.
SO I'VE NEVER SEEN SUCH A NESTED SITUATION IN THE COUNTY BEFORE.
UH, AND THAT CONCERNS ME GREATLY.
I THINK THERE'S ONE CASE IN THE COUNTY THAT WE HAVE AN LLC THAT'S RUNNING A TOURIST HOME.
IS THAT, CAN YOU CONFIRM THAT I CAN NOT CONFIRM THAT, UM, THERE ARE MORE THAN, MORE THAN ONE.
UM, TWO OR THREE, JUST OFF THE TOP OF MY HEAD.
AND, AND I THINK IT'S IMPORTANT BECAUSE WE HAVE KIND OF TOLD CITIZENS OF THE COUNTY.
WE WOULD KIND OF LOOK, LOOK CLOSELY AT LLC IS RUNNING TOURIST HOME.
AND WE'VE ALSO TOLD THEM THAT WE WOULD CONSIDER, UH, HOW MANY TOURIST HOMES AND BB A BED AND BREAKFAST ARE IN THE NEIGHBORHOOD.
AND I KNOW THE VILLAGE IS VERY DIFFERENT THAN A RESIDENTIAL AREA AREA, BUT I THINK SOME OF THE, SOME OF THE CONSIDERATIONS HAVE TO BE THE SAME.
AND THE OTHER THING THAT KIND OF BOTHERED ME WHEN YOU SHOW THE PROPERTY AND THE SIX TOWNHOMES
[01:05:01]
THERE, AND THEN OFF TO THE, TO THE SIDE, THERE'S ANOTHER SIX OR EIGHT TOWNHOME POTENTIALS THERE THAT WOULD POTENTIALLY USE THE SAME PARKING LOT.I THINK, I DON'T KNOW WHERE ELSE THEY'D PARK AT.
SO I'M OFF THAT, BUT THE POINT I'M TRYING TO MAKE IS IT'D BE A GREAT EXCEPTION WE'RE GOING TO HAVE TO DO ON PARKING SPACES.
CAUSE THERE, BY THE ORT, BY THE ZONING, THEY WOULD REQUIRE A FOUR.
AND IT'S BASICALLY DOWN TO TWO BECAUSE THE OPERATING INSTRUCTIONS IS GOING TO SAY THAT THEY'RE ONLY GOING TO ALLOW TWO CARS AT ANY ONE TIME AND YET OPERATING INSTRUCTION, OPERATING PROCEDURES CAN BE CHANGED FAIRLY EASILY.
UM, AND THAT BOTHERS ME WHEN WE HAVE A, A FALLBACK POSITION ON A COMMUNAL PARKING SPOTS.
IS THAT ABOUT IT? AM I SAYING ALL THIS ABOUT RIGHT.
I THINK YOU SAID THAT THAT THE CONDITIONS COULD CHANGE, BUT WE DO HAVE PROPOSED CONDITIONS THAT WOULD REQUIRE THAT THEY ONLY HAVE TWO VEHICLES AND USE TWO PARKING SPACES.
SO IF THEY WANTED TO CHANGE THAT THEY WOULD NEED TO COME BACK AND GET IN ANOTHER SPECIAL USE PERMIT.
IT ALSO APPEARS THAT THERE IS SPACE FOR AN ADDITIONAL PARKING LOT IF THERE WAS TO BE, UH, IF THEY EVER DID BUILD THESE, UM, ADDITIONAL TOWNHOMES.
UM, BUT I DON'T KNOW WHAT THEIR PLANS ARE.
UH, I BELIEVE THAT THE TOWNHOMES HERE WERE BUILT IN THE NINETIES AND I DON'T KNOW WHY THEY DIDN'T BUILD THE ADDITIONAL ONES.
I'M EXPRESSING CONCERNS THAT I'VE HAD IN THE PARKING AND THE NEST OF DELL LLCS.
AND SO I DON'T KNOW IF, IF ONE OF THE OWNERS OF AN LLC SALES, THE LLC WHO'S ON FIRST, YOU KNOW, SO MR. FRANK WOODS SELLS THE, HIS LLC.
DOES THAT NEGATE THE, THE, THE SITUATION OR THE OTHER PROPERTY OR IF HE C TO J IS SO THAT THE GATES, THE PROPERTY THAT NEGATES THE APPLICATION OR THE, UH, YES, THAT'S CORRECT.
THERE IS A PROPOSED CONDITION OF APPROVAL THAT, UH, AND WHAT WE'RE CONCERNED ABOUT IS THE MANAGEMENT OF THE PROPERTY, RIGHT.
AND IF C2 J UM, PROPERTIES, LLC, CEASES TO OPERATE THE TOURIST HOME, THEN THE PERMIT IS VOID.
AND ALSO IF CLAUDIA CASSO IS NO LONGER THE PRINCIPAL OWNER OF C2, J PROPERTIES, THE PERMIT IS VOID, IT EXPIRES.
UM, SO I THINK, AND I THINK IT'S ALSO IMPORTANT TO REMEMBER THAT, UM, LLCS LIMITED LIABILITY PROTECTS THEIR PERSONAL FINANCIAL SITUATION.
SO I, I WOULD IMAGINE THAT MAY BE WHY, BUT I'M SURE THAT THEY CAN ANSWER THAT.
I MEAN, I HAD AN LLC MYSELF, SO THAT'S PART OF THE REASONS I DID THAT.
SO, UH, SO I UNDERSTAND IT WAS JUST CONCERNS THAT I WAS HAVING TO SEE IF I WAS UNDERSTANDING THE SITUATION CORRECTLY.
ANY OTHER QUESTIONS? THANK YOU.
UH, IS THE PRESENTATION BY THE APPLICANT? YEAH.
WOULD YOU COME FORWARD AND STATE YOUR NAME AND ADDRESS PLEASE? UH, GOOD EVENING.
THIS IS MY WIFE, CLAUDIA CASTLE.
WE'RE BOTH THE APPLICANTS FOR THIS PROPOSED SHORT-TERM RENTAL.
UM, AS JEANNIE STATED, UH, WE LIVE RIGHT NEXT DOOR, UH, APPROXIMATELY 50 FEET FROM THE TWO 10 AMBLER.
UM, THERE ARE FIVE OTHER UNITS IN THE WINDMILL POINT COMPLEX, UM, WHICH I AM THE HOMEOWNERS ASSOCIATION PRESIDENT CURRENTLY, UH, AND ALL OF WHICH WE'VE GOTTEN A NOTIFICATION AND, UM, APPROVAL FROM ALL OF OUR NEIGHBORS AND ALL THE DIRECTORS OF THE SMALL HOMEOWNERS ASSOCIATION TO, TO, UH, SUPPORTING THIS SHORT-TERM RENTAL.
UH, FIRST AND FOREMOST, WE WOULD LIKE TO STATE THAT THE GOAL WAS NOT TO, UH, KEEP THE UNION OCCUPIED MAXIMUM MAXIMUM THROUGHOUT THE YEAR.
UH, THE HOMEOWNER MR. WOOD, WHO OWNS THE PROPERTY THROUGH, UM, AT TWO 10 AMBLER STREET, LLC WANTS THE PROPERTY TO BE AVAILABLE FOR HIS FAMILY AND FRIENDS ALSO.
UM, UM, SO RATHER THE INTENT IS TO RENT THE UNIT PERIODICALLY USING ONLINE RENTAL PLATFORMS, UM, FOR BOOKING AND BY WORD OF MOUTH FOR PEOPLE THAT WANT TO EXPERIENCE YORKTOWN IN THE CULTURE IN THIS AREA, UH, WE'RE SEEKING THE PERMIT TO HELP MAINTAIN AND UPKEEP THE PROPERTY WHILE IT IS VACANT.
IT HAS BEEN FOR THE PAST TWO YEARS, UH, AND THEN REINVEST THE PROCEEDS OR SOME OF THE PROCEEDS BACK INTO THE PROPERTY ITSELF, UH, TO, TO FOR REPAIRS AND UPKEEP.
UH, SO MR. WOOD IS, HAS BEEN A LONG TIME MEMBER OF THIS COMMUNITY SINCE HE BOUGHT THE PROPERTY IN THE EARLY NINETIES, UH, BUT DUE TO HIS, UH, HEALTH AND AGE, UM, HE HAS HAD IT VACANT FOR THE PAST COUPLE OF YEARS, UM, AND DUE TO THE SAME, THE OWNER'S NOT ABLE TO ATTEND TODAY AND IS CURRENTLY IN RICHMOND.
UH, SO MY WIFE AND I HAVE LIVED
[01:10:01]
IN TWO 12, UH, FOR ALMOST TWO YEARS NOW AND HAVE REALLY GROWN FOND OF THE CHARM AND CULTURE HERE IN YORKTOWN AND THE SURROUNDING AREAS AND THE HISTORIC TRIANGLE.UM, WE UNDERSTAND HOW UNIQUE THE PROPERTY LOCATION IS.
AND, UH, I WOULD LOVE TO SHARE THAT WITH THE PEOPLE THAT AREN'T LOCAL TO THE AREA, BUT WOULD LOVE TO EXPERIENCE WHAT YORKTOWN HAS TO OFFER.
UM, THERE'S SO MUCH FOR THESE TOURISTS TO EXPERIENCE AND THE SO STORAGE TRIANGLE, AND, UH, WE WOULD LOVE TO SHARE THIS UNIT AND THIS LOCATION FOR TRAVELERS, UM, BEING THAT WE'RE IN SUCH CLOSE PROXIMITY, CLOSE PROXIMITY TO THE PROPOSED SHORT-TERM RENTAL, UH, WE'LL BE ABLE TO EFFECTIVELY OVERSEE AND MANAGE THE PROPERTY.
UH, FURTHERMORE, THE SURROUNDING NEIGHBORS, RESIDENTS, COMMUNITY PRIVACY AND COMFORT IS OUR TOP PRIORITY.
UM, SO WE WILL ENSURE ALL LOCAL REGULATIONS, UH, AS WELL AS LAWS ARE, ARE FOLLOWED BY ANY OCCUPANTS.
UM, WE'LL ACCOMPLISH THIS THROUGH PROPERLY VETTING GUESTS PRIOR TO THE BOOKING AND BE SELECTIVE WITH WHO WE ALLOW TO STAY AT THE UNIT.
OUR SECOND PRIORITY IS THE SAFETY AND COMFORT OF THE GUEST.
UH, WE, WE WILL ENSURE THAT ALL SAFETY REGULATIONS ARE STRICTLY ENFORCED AND INSPECTIONS ARE CONDUCTED ACCORDING TO LOCAL REGULATIONS.
UH, PARKING WILL NOT INTERFERE WITH THE RESIDENTS, UH, AS JEANNIE POINTED OUT ALSO, UH, WE WILL ONLY ALLOW A MAXIMUM OF TWO VEHICLES FOR THE RESIDENTS, UH, BUT, UM, WE HAVE ENOUGH SPACES TO MEET THE LOCAL ORDINANCE FOR, OF SECTION 20 FOUR.ONE 6 0 6 ALPHA SIX.
UM, SO WITH THAT, I'LL TURN IT OVER TO CLAUDIA.
I'M GOING TO STEP TO THE SIDE, THE PROTESTING SHORT VIDEO.
I JUST WANT TO REITERATE THAT.
YEAH, ACTUALLY YOU REALLY NEED TO SPEAK INTO THE MICROPHONE.
IT'S IMPORTANT FOR OUR, OUR VIDEO FEED, SORRY.
UM, I JUST WANT TO REITERATE THAT THIS IS WHERE WE LIVE.
UM, WE'RE RIGHT NEXT DOOR TO THE PROPERTY.
THIS IS WHERE MY FAMILY AND I RESIDE.
SO NOBODY HAS AS MUCH OF A VESTED INTEREST IN ENSURING THAT THE HOME IS RENTED PERIODICALLY, PROPERLY AND SAFELY.
UM, THE MAIN GOAL AND US WANTING TO HELP MR. WOULD RENT OUT HIS HOME PERIODICALLY IS TO HELP MR. WOULD MAINTAIN HIS HOME, UM, WHILE ALLOWING HIM TO KEEP THE HOME VACANT.
SO HIM AND HIS WIFE, WHEN THEY'RE ABLE TO, AND HIS FAMILY CAN COME AND VISIT THE HOME.
I KNOW THERE'S A LOT OF CONFUSION WITH THE LLCS.
THAT'S JUST LIKE, HONESTLY, A FANCY WAY FOR US TO DO THIS SO THAT IT FOR LIABILITY PROTECTION.
UH, BUT IT'S REALLY JUST MY HUSBAND.
AND I WANT TO OVERSEE THE OCCASIONAL RENTAL OF MR. WOOD'S, UH, HOME.
UM, AND JUST IN GENERAL, TO GIVE PEOPLE IN THE AREA, THE ABILITY TO COME DOWN, THOSE THAT DON'T GET TO ENJOY IT THE WAY I DO EVERY DAY TO COME DOWN AND ENJOY OUR LOCAL COMMUNITY.
I WANT THEM TO GO DOWN TO BOB'S BEN AND JERRY, AND GRAB SOME ICE CREAM, GO DOWN TO UMAMI SUSHI, OR DO A HAUNTED TOUR AT NIGHT.
SO THEY KNOW THE HISTORICAL SIGNIFICANCE OF THIS VERY BUILDING.
UM, IT'S NOT A BUSINESS VENTURE.
UM, IT'S REALLY JUST THE ABILITY TO BE ABLE TO HELP HIM, UH, CARE FOR HIS HOME AND SHARE IT WITH PEOPLE THAT WANT TO EXPLORE YORKTOWN AND SEE IT THE WAY WE GET TO SEE IT EVERY DAY.
PENDING ANY QUESTIONS? NO, I JUST HAD A QUESTION, BUT IT'S PROBABLY FOR THE COUNTY.
HOW DO WE ENSURE THAT IF THIS COUPLE MOVE OUT OF TWO 12 AMBLER, UM, THAT THE SPECIAL USE PERMIT IS A VOIDED, ARE YOU ASKING ME? SORRY.
WELL, THE, THE, UM, WHEN WE PUT THE CONDITIONS IN THAT THE THINKING WAS IS THAT THEY HAVE AN LLC THAT RUNS THE BUSINESS AND THAT LLC WOULD ALSO HAVE TO GET THE BUSINESS LICENSES AND PAY THE TAXES.
SO IF AT SOME POINT THAT CEASES TO BE THE CASE THAT WOULD TRIGGER THE, UM, THE CONDITION BECAUSE THEY, BECAUSE THE LLC WOULD NO LONGER BE THE ONE THAT'S RESPONSIBLE FOR PAYING THE TAXES.
BUT IF THE LLC IS A PERPETUAL ENTITY, OBVIOUSLY, SO, BUT IT'S ALSO, IT'S ALSO TRIGGERED IF, UM, MS. CASSO IS NO LONGER, UH, AN OWNER OF THE LLC THAT WOULD ALSO TRIGGER THE, THE, UM, THE END OF THE, UH, THAT WOULD, THAT WOULD, THAT WOULD NEGATE THE SPECIAL USE PERMIT.
SO YOUR QUESTION THOUGH, IS, IS THAT THE LLC STAY IN PLACE AND THEY MOVE OUT OF TWO 12.
[01:15:02]
YEAH.I DON'T BELIEVE THERE'S ANYTHING IN THE RESOLUTION THAT ADDRESSES THAT PARTICULAR QUESTION THERE NEEDS TO BE.
BUT I THINK THERE IS A SEPARATE CONDITION IN THE RESOLUTION THAT REQUIRES THAT ONE OF THEM LIVE IN THE RESIDENCE.
IF, UNLESS I'M MISTAKEN, IT'S NOT A D IT'S NOT RELATED TO THE LLC IT'S RELATED TO, BUT IT WOULD BE LIVING IN HIS RESIDENCE, LIVE IN, IT WOULD BE LIVING IN THAT PARTICULAR RESIDENCE, UNLESS I'M, WELL, THAT SAYS BEFORE.
SO I'M TELLING YOU SUPERVISE AND MANAGE
SO I HAVE A QUESTION, YOU HAVE A QUESTION.
I HAVE A QUESTION FOR YOU, THIS RELATIONSHIP BETWEEN YOUR LLC AND FRANK WOODS, LLC, IS IT A VERBAL RELATIONSHIP OR WHAT'S THE CONTRACT, SHOULD THE RELATIONSHIP HERE? UM, SO SIR, AND WE ARE ALSO PENDING THIS TO, TO MAKE ANY EDITS TO IT, BUT WE'VE BASICALLY COME UP WITH A CONTRACT BETWEEN THE TWO OF US SAYING THAT EXACTLY EVERYTHING THAT THE CITY, UH, HAS IN THE PERMIT.
UM, THE NARRATIVE IS ESSENTIALLY AGREED UPON BETWEEN, UH, MR. WOOD AND OURSELVES SAYING THAT THE PERMIT STANDS IF WE'RE THERE.
UM, AND WE ARE GOING TO BE THE ONES MANAGING THE PROPERTY.
UM, AND WE JUST DID IT AS TWO LLCS FOR, OKAY.
SO IT'S THE CONTRACT IN WRITTEN CONTRACT IS IN THE WORKS.
IS THAT A VERBAL CONTRACT NOW AND A WRITTEN ONE IS GOING TO BE, YES, SIR.
WELL, WE ACTUALLY HAVE A WRITTEN CONTRACT NOW.
UM, THAT'S WHAT LED TO US CREATING THE LLC.
UM, BUT WE, MR. WOOD UNDERSTANDS THAT ONCE WE GO THROUGH THIS PROCESS, IF THERE'S ANY CHANGES THAT YOU GUYS WISH US TO PUT INTO THE CONTRACT, WE WOULD EDIT THAT SECOND QUESTION RELATED.
WHY WOULDN'T IT HAVE BEEN SIMPLER FOR MR. WOOD TO COME FORWARD WITH THIS APPLICATION SINCE HE RESIDES IN RICHMOND, HE'S NOT LIVING IN THAT PROPERTY THAT HE COULD OVERSEE IN THAT LIKE WE ARE, SO SIR, BUT HE COULD HAVE HAD YOU MANAGED THE PROPERTY FOR HIM AND WE'VE GOT THAT KIND OF GOING ON.
UM, LIKE WE STATED IN THE NARRATIVE, JUST DUE TO MR. WOOD'S AGE AND HIS CURRENT HEALTH, HE'S RESIDING IN RICHMOND AND THEY'RE NOT ABLE TO LIVE HERE FULL-TIME SO WE AGREED TO HELP HIM, UH, OVERSEE, ESPECIALLY BECAUSE MY HUSBAND IS THE PRESIDENT OF THE HOA.
A LOT OF THESE HOMES ARE ACTUALLY USED ON A SECONDARY PURPOSE AS IS, WHEREAS IT'S OUR PRIMARY HOME.
UM, SO HE JUST SAW IT FIT THAT WE WOULD HAVE HIS BEST AND THE HOA, HIS BEST INTERESTS AT HEART TO, TO RUN IT FOR HIM.
SO THEN I'LL ASK, I THINK MAC BACK TO MR. HILL AND SARAH, WHAT'S THE SITUATION IF MR. WOODS SELLS PROPERTY OR CAN'T DO ANYTHING HERE, THERE'S NO CONDITION THAT RELATES TO MR. WOOD'S OWNERSHIP.
THERE IS NOTHING, THERE IS NOTHING IN THE RESOLUTION THAT ADDRESSES HIS OWNERSHIP OF THE PROPERTY.
SO IF HE SELLS IT, IS THE APPLICANT.
I MEAN, IS IT, DOES IT GO AWAY HERE? I'M AT A LOSS? WELL, THE, NO, I MEAN, THERE WOULD BE NO THERE'S NO, THE OWNERSHIP OF THE, OF THE ACTUAL PROPERTY ITSELF IS NOT A CONDITION OF THE SUP.
SO IT IS, IT IS KIND OF UNUSUAL IN THAT REGARD, IN THAT IT RUNS, IT RUNS WITH THE APPLICANTS IN THIS CASE, BUT THERE, THE ONE IS PROPERTY AND NOT EVEN WITH THE OWNER OF THE PROPERTY.
SO I DON'T KNOW, IT JUST SEEMS A LOT OF NESTED COMPLICATIONS TO ME.
IS THERE ANYONE OUT THERE THAT WISHES TO COMMENT ON THIS APPLICATION, PLEASE COME FORWARD, STATE YOUR NAME AND ADDRESS PLEASE.
MY NAME IS DIANE HOWELL AND I LIVE AT 1 0 4 HORSESHOE.
UM, I'M OPPOSED TO THIS, JUST BECAUSE OF ALL THIS AMBIGUITY IN TERMS OF THE PERMIT WHO IT GOES TO, UM, THE APPLICANTS HAVE EXPRESSED THAT MR. WOOD IS NOT WELL, IF HE'S, IF HE PASSES, WHAT HAPPENS, YOU KNOW, WE'VE ALREADY DISCUSSED THE FACT THAT THERE'S NO CONDITION FOR THAT IN HERE.
UM, AS I SIT HERE AND LISTEN TO THIS, I THINK OF THE WILD WEST.
WELL, IT TURNS INTO THE WILD YORKTOWN.
SO I JUST ASKED THAT BASED ON THE, UM, AMBIGUITY'S THE LACK OF AN OWNER WITH SKIN IN THE GAME ON THIS THAT YOU, UM, RECOMMEND DENIAL FOR THIS.
THEN I'M GOING TO, UH, CLOSE THE PUBLIC HEARING AND TALK THE FOUR OF US TALK,
[01:20:02]
MS. CRYER, LET WE START ON THIS SIDE.HAPPY TO, UM, I UNDERSTAND THE RELATIONSHIP BETWEEN THE LLCS AND THE OWNERS AND THE OPERATORS AND THAT, AND THAT DOES NOT BOTHER ME THAT MUCH.
THE ONLY HICCUP I HAVE IN THAT IS THAT THE, UM, THE CURRENT OWNER COULD SELL THE PROPERTY AND MAINTAIN, YOU KNOW, IT'S STILL PAUL HIM TO THE SAME LLC.
I'M NOT SURE THAT'S A BIG PROBLEM FOR ME, BUT THAT'S THE ONLY THING THAT I SEE IS REALLY DIFFERENT AND ODD ABOUT THIS.
BUT AS SOMEONE WHO HAS A VACATION HOUSE AND A RENTAL PROPERTY, I ALSO SEE THIS AS AN OPPORTUNITY FOR THE OWNER TO BE ABLE TO MAINTAIN THE PROPERTY, AS OPPOSED TO JUST LEAVE A DERELICT PROPERTY IS NOT THERE, YOU KNOW, BEEN EMPTY FOR TWO YEARS.
I CAN UNDERSTAND I'M TRYING TO GET INCOME OFF OF IT TO BE ABLE TO MAINTAIN IT.
AND IT'S BETTER FOR THE NEIGHBORHOOD.
THE, UM, MY INCLINATION IS TO SUPPORT THE APPLICATION.
OKAY, MR. PETER, UH, LIKEWISE, UM, THE SITUATION, UM, IS, UH, COMPLICATED, BUT, UH, I THINK THERE'S ENOUGH SAFEGUARDS TO, UM, MAKE SURE THAT EVERYTHING IS TAKEN CARE OF.
UH, THE LOCATION IS, UM, I MEAN THERE'S A BED AND BREAKFAST RIGHT NEXT DOOR.
I MEAN, IT'S, WE'RE NOT INTERRUPTING, UM, UH, A LOT OF HOMEOWNERS, IT'S NOT A, UH, A RESIDENTIAL AREA.
IT IS, UM, REALLY A TOURIST AREA.
SO I, I SUPPORTED, I'D BE WILLING TO SUPPORT IF WE CONSIDERED ADDING A REVISION.
UH, I DO BELIEVE THAT WE NEED SOMETHING IN HERE THAT STATES, IF MR. WOOD SELLS A UNIT OR IS DECEASED OR IS NO LONGER, UH, OWNER OF THAT PROPERTY, THAT THE SPECIAL USE PERMIT SHOULD BE AVOIDED, IT WOULD HAVE TO COME BACK TO, UH, TO THIS COMMITTEE.
I THINK IF WE HAD THAT WORDING ALSO ADDED TO THE CURRENT RESOLUTION, I'D BE SUPPORTIVE.
IS THAT POSSIBLE MR. HILL? IT IS.
WELL, LET ME FINISH MY COMMENTS.
CAUSE IT KIND OF LEADS THAT WAY.
I'M A SIMPLE GUY, YOU KNOW, THIS IS A VERY COMPLICATED, MISSED IT, LLCS AND OWNERSHIPS AND BACK AND FORTH.
AND I DON'T THINK WE NEED THAT MUCH COMPLICATION.
I THINK MR. WOOD COULD HAVE COME OR AT LEAST PUT HIS NAME ON THE APPLICATION SO THAT WE HAVE A VERY CLEAR LINE OF SIGHT IF YOU WOULD, FOR THE APPLICANT AND WHAT'S GOING ON WITH IT, ET CETERA, AS FAR AS HIS PROPERTY, I MEAN, IT'S UP TO HIM TO WHAT HE WANTS TO DO WITH IT, BUT HE CERTAINLY COULD RENT IT OUT OUTRIGHT OR COULD, HE COULD SELL IT, BUT HE WANTS TO KEEP IT FOR HIS FAMILY WHEN THEY, IF, AND WHEN THEY COME AROUND, UH, BETWEEN THAT NESTA LLCS AND THE OWNERSHIPS, AND THEN THE PARKING DEVIATION FROM THE, FROM THE ZONE.
I, I'M NOT, I'M NOT FOR THIS APPLICATION.
UH, BUT IF WE'D MAKE A REVISION SOMEHOW IN THERE, RIGHT.
THAT REVISION IN THAT IF MR. WOOD, UH, SOMEBODY WANTS TO PROPOSE A CHANGE, WE TALKED ABOUT THIS PROVISION FOR JUST ONE MINUTE, BECAUSE I'VE SEEN THIS OFTEN ENOUGH WHERE I'M NOT SUGGESTING THAT THE OWNER IS GOING TO BE PASSING AWAY.
BUT IF THE OWNERSHIP, IF YOU WERE TO PASS, THE FAMILY WOULD INHERIT THE PROPERTY AND THEY MAY WANT THE EXACT SAME SITUATION WHERE THEY CAN USE IT OCCASIONALLY AND NOTHING WOULD CHANGE.
I ALMOST SEE THE REASON WHY IT WENT AND PUT IN AN LLC TO HELP PROTECT THAT INEVITABILITY.
BUT THE, UM, I'M COMFORTABLE WITH IT WITHOUT THE CONDITION.
WHO KNOWS AIRS TO PROPERTY, THEY DO WHERE THINGS WON'T EVEN SUGGEST WHAT THEY WILL DO OR WHAT THE, IF THERE IS ANY ERRORS, UH, OKAY.
SO WE DON'T HAVE, UNLESS YOU WANT TO PROPOSE A CHANGE TO IT, WE COULD VOTE ON THAT CHANGE.
I WOULD LIKE TO PROPOSE PC 22 DASH 14 R WITH THE ARE REQUIRING THAT THE CURRENT OWNER OF TWO, 10 AMBLER, UM, CONTINUE TO OWN THAT PROPERTY FOR THE SUP TO STAY VALID.
IF, IF WE PUT THAT IN THERE, UH, THE CURRENT OWNER
[01:25:01]
IS AN LLC, RIGHT, RIGHT.SO THE OWNER OF THE TWO 10 LLC, WHICH IS FRANK WOODS.
I DON'T KNOW HOW HE PUT THAT IN THERE.
WHEN WERE YOU SAYING SIMILAR LANGUAGE TO WHAT WE HAVE IN THERE FOR THE C2? J IT WOULD BE, YOU KNOW, VERY SIMILAR LANGUAGE.
I MEAN, IN THE ABSENCE OF KNOWING ANY INFORMATION ABOUT WHO OWNS WHAT THE STRUCTURE OF THE LLC IS, MAY I SUGGEST THAT THE MOST APPROPRIATE WAY TO DO IT WOULD PERHAPS BE TO ADD, UM, A SIX C, SO IT WOULD READ THE TERM OF THIS SPECIAL USE PERMIT SHALL EXPIRE UPON ANY OF THE FOLLOWING EVENTS, A C J PROPERTY CEASES TO OPERATE B CLAUDIA CASSO IS NO LONGER A PRINCIPAL OWNER OF C2, J PROPERTIES, LLC, OR C.
AND THEN THE NAME OF THE LLC IS NO LONGER THE OWNER OF THE PROPERTY.
THAT WOULD AT LEAST MAKE IT FOR DAYS NO LONGER THE OPERATOR OF THE DUTY ON ELLA INTERNSHIP.
I THINK THAT'S HOW WE'VE DONE IT IN OTHER, BECAUSE YOU COULDN'T, COULDN'T THE ERRORS OF THE LLC MR. WOODS, THAT WOULD GO THAT WAY WITH NATE INHERIT THE LLC.
I DON'T HAVE ANY INFORMATION ABOUT THE STRUCTURE OF THAT PARTICULAR LLC.
WE CAN PUT THAT IN LIKE THAT, I GUESS.
IS IT MADE THE PROPOSAL? OKAY.
SO NOW WE HAVE TO VOTE ON THE PROPOSAL.
THIS IS JUST THE PROPOSAL, NOT THE APPLICATION GOING FORWARD JUST TO CHANGE.
IS TO ADAPT PC 22 DASH 14 ARE TO RECOMMEND APPROVAL OF A SPECIAL USE PERMIT TO AUTHORIZED.
SO YOU TORSED HIM AT TWO 10 AMBLER STREET, MR. CRINER? YES.
MR. TITUS? NO, THE MOTION HAPPENS.
AND IT WILL GO TOWARD THE BOARD IN HARD TO SAY, UH, COULD BE JUNE 21ST, OR IT MIGHT BE JULY 19TH.
UH, I'M THINKING IT'LL BE JUNE 21ST, BUT IT'S REALLY UP TO THE COUNTY ADMINISTRATOR AND THE CHAIRMAN OF THE BOARD.
[Application No. UP-988-22, Michael and Valerie Marshall:Request for a Special Use Permit,pursuantto Section 24.1-306 (Category 1, No. 6) of the York County Zoning Ordinance, to authorizethe establishment of a tourist home in an existing single-family detached dwelling on a 1.3-acreparcel (GPIN N11c-0330-1332) located at 714 Baptist Road (Route 660).The property is zoned R13(Highdensitysingle-familyresidential)anddesignatedHighDensityResidentialintheComprehensive Plan.]
OKAY.MR. CROSS, WE HAVE NEXT APPLICATION IS A UPD 9 88 DASH 22.
SO THIS APPLICATION IS REQUEST FOR A SPECIAL USE PERMIT TO OPERATE A TOURIST HOME SEVEN 14 BAPTIST ROAD, THE APPLICANTS, MICHAEL AND VALERIE MARSHALL, WHO OWNED IT, RESIDE IN THE PROPERTY ON THE PROPERTY.
PROPERTY IS OUTLINED IN BLUE HERE ON THE ZONING MAP.
UH, UH, IT'S UH, THE
UH, ALTHOUGH THE MINIMUM LOT SIZE IN OUR 13 IS 13,500.
THIS IS A FAIRLY LARGE PARCEL.
UH, IT'S ABOUT FOUR TIMES THE MINIMUM LOT SIZE, UH, IN OUR 13, UH, IN FACT, MOST OF THE SURROUNDING PARCELS IMMEDIATELY SURROUNDING THE PROPERTY ARE ON THE LARGE SIDE.
UM, THE RC THAT YOU SEE OVER THERE TO THE EAST OF BAPTIST ROAD IS PART OF IT IS, UH, PARK SERVICE PROPERTY.
AND PART OF IT IS, UH, NEWPORT NEWS WATERWORKS PROPERTY.
UH, AND THEN YOU SEE THE GENERAL BUSINESS ALONG ROUTE 2 38, UH, IT'S A 3,100 SQUARE FOOT HOUSE.
UH, THEY ARE PROPOSING TO, UH, OFFER THE UPSTAIRS FOR A SHORT-TERM RENTAL MAXIMUM OF TWO BEDROOMS AND SIX GUESTS.
UH, ONE THING I WANT TO CLARIFY IN THE STAFF REPORT, UH, I SAID, I MENTIONED THAT THEIR PREFERENCE IS TO RENT TO A SINGLE FAMILY UNIT, UH, BUT THEY'RE WILLING TO SET, ACCEPT, UH, SEPARATE, UH, OR RENT A TWO COUPLES.
WHAT, UH, WHAT THEY REALLY INTENDED.
[01:30:01]
THERE WAS TWO COUPLES, UH, THAT ARE TRAVELING TOGETHER, NOT TWO COUPLES THAT ARE COMPLETELY SEPARATE FROM ONE ANOTHER, A MINIMUM, THE WIFE WHO STAY TWO NIGHTS, MAXIMUM 30 NIGHTS.AND THEY WOULD BE, UH, ON THE PREMISES WHILE RENTALS ARE TAKING PLACE.
THE APPLICANTS HAVE INDICATED THAT THEY DON'T WANT ANY SIGNAGE.
AND SO WE HAVE MADE THAT A CONDITION OF THE RESOLUTION.
UH, HERE'S AN AERIAL PHOTO OF THE, UH, PROPERTY.
AND AS YOU CAN SEE, THERE IS A FAIRLY LARGE, UH, PARKING PAD AROUND THE FRONT OF THE PROPERTY, AS WELL AS A FAIRLY EXTENSIVE DRIVEWAY.
ZONING ORDINANCE REQUIRES A MINIMUM OF FOUR, UM, PARKING SPACES AND THEY CAN EASILY ACCOMMODATE THAT REQUIREMENT.
OTHER IS A TWO CAR GARAGE ALSO, BY THE WAY, IN FACT, YOU CAN SEE IT IN THIS PICTURE, UH, LOOKING FROM BAPTIST ROAD, UH, YOU CAN SEE THE, A LARGE DRIVEWAY, THE TWO CAR GARAGE, AND THEN YOU CAN SEE, UH, THERE'S ENOUGH ROOM FOR TWO CARS PARKED ON THE SIDE OF THE HOUSE.
TWO CARS PARKED IN FRONT, UH, PLENTY OF ROOM, UH, FOR PARKING.
AND, UH, THIS IS THE VIEW OF THE SIZE.
THIS IS WHERE THE, UH, UH, THE, THE ENTRANCE FOR THE RENTERS, UH, WOULD BE YOU SEE THOSE STAIRS GOING INTO THE HOUSE, UH, THEY'RE GOING TO A HALLWAY.
AND THEN UPSTAIRS, LIKE I SAID, I DON'T KNOW THE DOWNSTAIRS WOULD BE FOR THE RESIDENTS AND THE UPSTAIRS, OR AT LEAST MOST OF THE UPSTAIRS WOULD BE, UH, FOURTH GUESTS.
SO HERE IS THE FLOOR PLAN OF THE UPSTAIRS.
EVERYTHING IN YELLOW IS STORAGE, UH, OR BONUS ROOM, BUT NOT OFFER TO RENT.
AND THEN YOU CAN SEE THE TWO BEDROOMS. UH, THERE'S ALSO A LIVING ROOM, KITCHEN, DINING ROOM, AND A BATHROOM AND A DOWNSTAIRS.
YOU CAN SEE THE GUESTS ENTRY DOOR, UH, ON THE RIGHT HERE.
AS I MENTIONED, COMING INTO THE HALLWAY AND UPSTAIRS TO THE, UH, RENTAL UNITS, AS I SAID, THE APPLICANTS WILL BE ON THE PREMISES.
SO GUESTS BEHAVIOR WILL BE MONITORED.
WE DON'T SEE THIS HAVING ANY ADVERSE IMPACT ON NEARBY PROPERTIES.
THERE ARE NO OTHER SHORT-TERM RENTALS IN THE LACKEY AREA.
SO, UH, THERE'S NO THREAT TO THE RESIDENTIAL CHARACTER OF THE AREA POSED BY THIS, UH, PROPOSED TOURIST HOME.
SO WE RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS IN PC 22 DASH 16.
UH, THE MARSHALS ARE HERE TO SPEAK ON THEIR BEHALF, AND I WOULD BE HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME AT THIS TIME.
UM, THIS IS NOT A CASE WHERE, UH, THEY STARTED, UH, OPERATING THE SHORT-TERM RENTAL AND THEN GOT A NOTICE OF VIOLATION AND CAME IN FOR, TO APPLY FOR THE USE FROM IT.
THEY CONTACTED US A COUPLE OF YEARS AGO TO ASK, YOU KNOW, WHAT KIND OF STEPS THEY WOULD NEED TO GO THROUGH IF THEY WANTED TO, UH, OFFER THEIR HOME AS A SHORT-TERM RENTAL.
THEY WENT, THEY, THEY DID IT THE RIGHT WAY.
AND SO THEY ARE NOT OPERATING.
THEY HAVE NEVER OPERATED THE SHORT-TERM RENTAL OUT OF THE HOUSE.
SO I'D BE HAPPY TO TAKE ANY QUESTIONS.
THANK YOU, MR. CROSS, ANY QUESTIONS? NOPE.
UM, RECENT, UH, PROPOSED AMENDMENT FROM NEWPORT NEWS ON THEIR STR ZONING ORDINANCE, BASICALLY STATES THAT SIMULTANEOUS RENTALS, UH, CAN NOT, OR UNDER A SEPARATE CONTRACTS ARE PROHIBITED.
SO DO YOU FEEL THAT THE WAY THEY'VE DESCRIBED HAVING TWO COUPLES IN THERE OF AVOIDS THIS SITUATION, IS IT A SINGLE CONTRACT OR IT WOULD BE A SINGLE CONTRACT, BUT WE HAVE NO SUCH PROVISION IN YOUR COUNTY.
NEWPORT NEWS CAN DO WHAT IT WANTS, BUT WE DON'T.
WE HAVE SEVERAL, WE WERE APPROVED SEVERAL, UH, SHORT-TERM RENTALS, WHERE THEY WERE, UH, OFFERING NO ROOMS, UH, INDIVIDUAL ROOMS FOR RENT.
UM, BUT YEAH, THE WAY THE SITUATION WAS DESCRIBED TO ME THAT WOULD ADDRESS THE, IF WE HAD SUCH A PROVISION.
THAT'S SUGGESTING THAT WE HAVE A CODING CODE OR ZONING EQUIVALENT TO NEWPORT NEWS, BUT THAT CASE SEEMS TO HAVE BEEN, UH, THE CRUX OF A, OF A SIMILAR DISCUSSION THERE.
NO, NO, I DON'T HAVE ANY QUESTIONS MR. CROSS.
UH, I WANT TO OPEN THE PUBLIC HEARING ON THIS APPLICATION, UH, IS, OR WE HAVE ONE MIC AND, UH, VALERIE MARSHALL, IF YOU'D COME FORWARD AND STATE YOUR NAME AND ADDRESS, PLEASE, I THINK YOU HAVE 10 MINUTES.
AND THANK YOU FOR CONSIDERING OUR PROPOSAL.
WE ARE, AND VALERIE MARSHALL, AND WE ARE OWNERS OF THE PROPERTY AT SEVEN
[01:35:01]
14 BAPTIST ROAD.WE ALSO LIVE THERE TO ADDRESS YOUR QUESTION BEFORE I FORGET, WE ARE NOT INTERESTED IN TWO SEPARATE PARTIES, SHARING A SPACE AND US BECOMING AN INTERMEDIARY.
IT CAN BE TWO COUPLES THAT HAVE RESERVED IT TOGETHER, TRAVELING TOGETHER.
SO IN 2018, WE MOVED BACK TO YOUR COUNTY TO DESIGN AND BUILD OUR RETIREMENT HOME, LIKE MANY PEOPLE OUR AGE, WE WANTED TO DOWNSIZE, BUT WE ALSO DIDN'T WANT TO LIMIT OUR OPTIONS.
UH, FOR PERSONAL VISITORS, WE HAVE LOCAL AND LONG DISTANCE FAMILY AND FRIENDS, GRANDCHILDREN, CHILDREN THAT NEED A PLACE TO STAY WITH US FOR A WEEK.
SOMETIMES A COUPLE OF MONTHS AT A TIME WE DESIGNED THE UPSTAIRS APARTMENT TO PROVIDE A LEVEL OF AUTONOMY FOR THEM AND PRIVACY FOR THEM, AS WELL AS FOR US, OUR DAUGHTER WITH HER YOUNG FAMILY LIVED UPSTAIRS FOR THREE YEARS UNTIL THEY WERE ABLE TO BUY A HOME THEMSELVES.
SINCE THAT TIME WE HAVE HOSTED FAMILY AND FRIENDS, APPROXIMATELY 40% OF THE TIME, OUR GOAL FOR THE SHORT-TERM RENTAL IS TO MAINTAIN FLEXIBILITY FOR OUR PERSONAL USE, BUT MAKE GOOD USE OF THE SPACE DURING ITS DOWNTIME.
WE WILL NOT RENT THE SPACE IF WE ARE TRAVELING.
WE ALSO DO NOT PLAN TO ADVERTISE THE RENTAL MORE THAN A MONTH, MAYBE TWO MONTHS IN ADVANCE, TOO.
WE DON'T WANT TO RESTRICT IT FOR OUR PERSONAL USE.
SO WE DON'T PLAN TO PUSH THIS WAY OUT INTO THE FUTURE.
OUR LOCATION IS WELL SUITED FOR TOURISM CLOSE TO YORKTOWN WILLIAMSBURG EVERYWHERE.
HOWEVER, WE ALSO WANT TO SERVE THE MILITARY COMMUNITY.
AFTER 30 YEARS IN THE AIR FORCE, WE ARE PERSONALLY WELL PERSONALLY AWARE HOW DIFFICULT IT CAN BE TO FIND REASONABLE AND SAFE HOUSING DURING TRANSITIONS.
IF YOU HAVE CHILDREN AND A PET, OUR LOCATION IS CONVENIENT TO BOTH THE NAVAL WEAPONS STATION, HALF A MILE DOWN THE ROAD AND FORT EUSTIS.
UH, WE HAVE TALKED DIRECTLY WITH THREE OF OUR ADJACENT NEIGHBORS, ALL OF WHOM HAVE EXPRESSED NO PROBLEM WITH OUR PLANS AND WERE WILLING TO GIVE US A SIGNATURE TO THAT EFFECT.
A FOURTH ADJACENT NEIGHBOR, VERY SMALL CORNER OF THE PROPERTY, UM, IS OUT OF TOWN.
BUT WE DID GIVE THE LETTER PERSONALLY TO HER DAUGHTER WHO WAS WATCHING THE PROPERTY AND MONITORING THE MAIL.
THE LAST FOUR ADJACENT PROPERTY OWNERS DO NOT LIVE ON SITE.
SO WE MAILED THEM A COPY OF OUR BUSINESS PLAN LETTER, ALONG WITH OUR PHONE NUMBER IN CASE THEY HAD ANY CONCERNS.
WE ARE CONFIDENT THAT ANY, UH, TRAFFIC GENERATED BY OUR SHORT-TERM RENTAL WILL ACTUALLY BE LESS THAN WHEN OUR DAUGHTER AND SON-IN-LAW LIVED IN THE, UM, THE TWO CAR PARKING PAD ON THE SIDE OF THE HOUSE, AS YOU SAW, WILL BE AVAILABLE TO RENTER RENTERS.
WE HAVE AMPLE SPACE FOR OUR TWO VEHICLES PLUS, AND WE'VE HAD WHAT, 10 CARS IN THE PARKING LOT IN THE FRONT OF THE HOUSE AT ANY GIVEN TIME WITHOUT, UM, NOT OFTEN.
AND, UM, THAT'S REALLY ALL WE HAVE.
WE'LL BE HAPPY TO ANSWER YOUR QUESTIONS.
AND, UH, I THINK THIS IS TYPE OF APPLICATION.
I PERSONALLY LIKE TO SEE RESIDENTS RESIDING IN THE, IN THE PROPERTY, GOT A BUSINESS PLAN AND YOU HAVE A WAY FORWARD.
IS THERE ANYONE ELSE OUT THERE THAT WISHES TO SPEAK AT THIS TIME ON THIS APPLICATION? WILL CNN, UH, CLOSE THE PUBLIC HEARING TALK HERE? UH, SUPPORT.
I AGREE WITH THE COMMENTS YOU'VE JUST RAISED.
IT MAY SEEM TEST OF WHAT WE DISCUSSED THIS PLACE.
UM, I DON'T KNOW THE ROAD BAPTIST ROAD AND IT'S A DEAD END ROAD.
I MEAN, IT'S A DEFINITELY RURAL, UH, PROPERTIES THAT ARE LARGE AS MR. CROSS, UH, MENTIONED.
UH, I SEE NO ISSUE WITH THIS, THIS PROPOSAL CHECKS ALL THE BOXES AND I HAVE NO ISSUES WITH IT.
SO THAT BEING THE CASE I'D LIKE TO RECOMMEND WE MOVE, UM, PC 22 DASH 16, FOUR TO THE BOARD OF SUPERVISORS.
WOULD YOU TAKE A ROLL CALL PLEASE? THE MOTION BY MR. CRINER, IT'S CHOKED OUT PC 22 DASH 16 TO RECOMMEND APPROVAL OF A SPECIAL USE PERMIT TO AUTHORIZED OR TOURIST.
STOMATES HAVE BEEN ONE FOR BAPTIST ROAD.
MR. CRINER, MR.
AND IT'LL GO TOWARD THE BOARD,
[01:40:03]
MR. CROSS DECIDED EITHER IN JUNE OR JULY, YOU'RE THERE IN JUNE OR JULY? JUNE 21ST OR JULY? YEAH.[Application No. UP-989-22, SHJ Construction Group: Request for a Special Use Permit, pursuantto Section 24.1-306 (Category 12, No. 1) of the York County Zoning Ordinance, to authorize theestablishment of a car wash facility (Tidal Wave Auto Spa) on a 1.2-acre portion of a 2.1-acre parcelof land located at 5441 George Washington Memorial Highway (Route 17). The property is zonedGB (General Business) and designated General Business in the Comprehensive Plan.]
MR. ANDERSON.YOU'VE GOT PC SEUP 9 89 DIES 22.
SO THIS IS A CARWASH PROPOSAL AT 5 4 4 1 GEORGE WASHINGTON MEMORIAL HIGHWAY, ROUTE 17.
UM, AS I, UH, SENT AN EMAIL TO EARLIER YESTERDAY, UM, THE APPLICANT HAD AFTER RECEIVING 35, TODAY WAS 36, UH, CITIZEN EMAILS ABOUT THE PROPERTY AND THE BAP LOCATION.
UH, THE APPLICANT HAS, UH, FOR YOU TO, UH, UH, POSTPONE AN ACTUAL DECISION ON THIS APPLICATION UNTIL YOUR JUNE 8TH MEETING.
UM, OF COURSE THAT'S NOT ENOUGH TIME FOR US TO RE REDACT THE ADVERTISEMENT OR GET LETTERS OUT TO ADJACENT PROPERTY OWNERS.
SO, UH, YOU WILL HAVE TO OPEN THE PUBLIC HEARING TONIGHT, TAKE ANY COMMENTS FOR ENEMY WHO WOULD LIKE TO BE HERE.
UH, BUT THE APPLICANT HAS REQUESTED THAT YOU POSTPONE THIS TO YOUR JUNE 8TH MEETING, UM, SO THAT THEY CAN GO OUT AND MEET WITH THE COMMUNITY, UH, THAT THEY'RE MARTIN FARMS AND RAIN BROOK VILLAS, AND, UH, TRY TO DISCUSS THE ISSUE WITH THEM BEFORE COMES BEFORE YOU AGAIN, DO WE KNOW WHEN THEY'RE GOING TO MAKE THAT MEETING WITH, UH, AT THIS TIME, I HAVE NOT HEARD ANYTHING FROM THE APPLICANTS ABOUT WHEN THAT IS GOING TO HAPPEN.
COULD YOU LET ME KNOW? I CAN LET YOU KNOW.
UM, I DO HAVE SLIDES IF YOU WANT TO SEE IT, BUT, UM, I'LL LEAVE THAT UP TO THE, YOU ALL.
I DON'T HAVE A FULL PRESENTATION, BUT I'LL GIVE YOU A BREAKDOWN OF IT.
THIS IS THE PROPERTY OUTLINED HERE IN BLUE.
UH, IT'S AT THE INTERSECTION OF GRAFTON AND MARTIN FARM ROAD, GRAFTON DRIVE MARTIN FARM ROAD AND ROUTE 17.
UH, IT IS A LARGE PRICE FOR ABOUT 2.1 ACRES.
UH, THE, UH, CAR WASH WOULD ONLY TAKE UP A LITTLE BIT OF IT, A LITTLE BIT OF THAT, BUT YOU CAN SEE THE TOWNHOMES TO THE REAR ACROSS GRAFT AND DRIVE, WHICH IS THE TOWNHOMES THAT MARTIN FARM AND THEN RING BROOKE VILLAS IS, UH, HERE TPMG DOCTOR'S OFFICE, RIGHT ADJACENT TO THE SOUTH.
UM, AND THEN ACROSS ROUTE 17 IS THE BAPTIST CHURCH, UH, THE, UH, RITE AID AND THEN, UH, PELICAN SNOWBALL, WHICH IS ON THE OPPOSITE, UM, INTERSECTION CORNER THEN AS IS JUST LOOKING DOWN THE PROPERTY TPMG IS BEHIND ME.
SO YOU'RE LOOKING DOWN, YOU CAN SEE THE THERE'S AN EXISTING ENTRANCE THERE.
UH, THAT'S NOT WHERE THE ENTRANCE WILL BE.
THE FINAL PROPOSED ENTRANCE WILL BE, BUT YOU CAN SEE PELICAN SNOWBALL THERE IN THE BACK.
AND THEN LOOKING FROM THE MARTIN FARM, UM, ENTRANCE AREA ACROSS, UM, INTO THE PROPERTY, YOU CAN SEE SOME WOODS, YOU CAN SEE THE TPMG BUILDING THERE IN THE BACK AREA.
UH, THIS IS THE PLAN THAT THEY HAVE SUBMITTED.
IT SHOWS THE, UH, TUNNEL CARWASH HERE PARALLEL TO MARCH AND FARM.
UH, THERE'S A LITTLE KIOSK HERE WHERE YOU WOULD ENTER, UM, TO COME INTO THE CARWASH AND THEN GO INTO THE TUNNEL, UH, WHICH WOULD THEN FACE OUT ONTO ROUTE 17.
UH, YOU WOULD COME IN AND THERE WOULD BE VACUUM STALLS ALONG THE INTERIOR.
UH, THEY DO HAVE FOUR EMPLOYEE PARKING SPACES HERE ON THE OUTSIDE.
UH, THEY WOULD HAVE A REMAINING PARCEL HERE TO THE SOUTH, UM, THAT THEY HAD NO PROPOSED USE FOR IT THIS TIME, BUT WOULD BE LEFTOVER IF THE USE WAS PERMITTED AS JUST A COLORIZED VERSION.
UH, THEY HAVE, UH, PROPOSED A THREE FOOT BERM WITH EVERGREEN TREES ALONG THE MARTIN FARM SIDE, AND THEN ALSO A FENCE AND A EVERGREEN PLANTINGS AND A 25 FOOT TRANSITIONAL BUFFER, UM, TO THE, UM, UH, TOWARDS THE MARTIN FARM TOWNHOME SIDE.
AND THEN YOU CAN SEE THE BUILDINGS A LITTLE BIT BETTER IN THIS DRAWING.
UH, THERE WOULD BE A CANOPY OVER THESE VACUUM STALLS HERE.
UH, TWO ACCESS POINTS, ONE ON THE GRAFT AND DRIVE ONE ONTO ROUTE 17.
UH, THIS IS WHAT THE BUILDING WOULD LOOK LIKE.
UH, MAINLY GLASS, UM, ALONG THE FRONTS ARE ALONG THE SIDES.
THERE WOULD BE SOME BRICK, UM, PIECES IN THERE.
THIS GIVES YOU A LITTLE BIT OF COLORIZED VERSION OF WHAT THAT LOOKS LIKE.
UH, GABLE STYLE ROOFING, UH, CANOPIES ARE THESE KIND OF BLOCKY, UM, STRUCTURES HERE TO THE SIDE WITH THE VACUUM STALLS AT EACH SPOT.
UM, THE VACUUM EQUIPMENT IS NOT, I MEAN, OTHER THAN THE HOSES ARE HERE, THE VACUUM EQUIPMENT IS USUALLY IN THE LITTLE SIDE BUILDING THERE,
[01:45:01]
UH, SIGNAGE THAT THEY SUBMITTED TO US, A VARIETY OF DIFFERENT SIGNAGE STYLES.AND THAT'S, THAT'S WHAT I'VE GOT FOR YOU.
I CAN TRY TO ANSWER SOME QUESTIONS IF YOU WOULD LIKE, UM, MR. ROGERS SAID YOU HAD A QUESTION, A COUPLE OF QUESTIONS.
I'VE, I'VE GOT SEVERAL COMMENTS TO MAKE.
UH, MR. ANDERSON, I AM UNFORTUNATELY UNABLE TO MAKE THE JUNE 8TH MEETING DUE TO A COMMITMENT TO BE IN INDIANAPOLIS.
AND SO I WANTED MY COMMENTS ON THIS, UH, TO BE REFLECTED IN THE MINUTES, UM, BEFORE IT GOES TO A DECISION TO THE PLANNING COMMISSION, THERE WERE FOUR ITEMS THAT I REALLY WANTED TO ADDRESS.
WE HAVE A EXISTING TITLE CARWASH ON MORTON ROAD, UH, AND, AND THE, UM, THE APPLICANT BASICALLY CLEARED THE VEGETATION ON THE BERM BETWEEN MOTOWN ROAD AND THE SHOPPING CENTER.
HE HAD A REQUIREMENT TO COME BACK IN AND ADD PLANT PLANTINGS, UH, TO ADD VEGETATION, TO, UH, TO, UH, UH, REPLACE WHAT HAD BEEN REMOVED.
IF I LOOK AT THAT TODAY, EVERY SINGLE ONE OF THOSE PLANTS IS, IS DEAD.
UM, THERE'S NO SINGLE PLANTING THAT HAS GONE IN THERE TO OFFSET WHAT WAS REMOVED THAT HAS SURVIVED THE WINTER.
THERE'S BEEN NO ACTIVITY TO CORRECT THAT, TO, UH, TO REPLACE THEM.
UM, IT'S JUST, IT'S UNACCEPTABLE.
AND THE LOOK OF IT RIGHT NOW IS UNACCEPTABLE.
SO WHEN I LOOK AT THIS, A MAP THAT SHOWS THE NUMBER OF PLANTINGS THAT ARE REQUIRED, IT, IT SHOWS A NICE ROW OF TREES.
THE ORIGINAL, UH, DESCRIPTION OF MORTON ROAD SHOWED A NICE ROW OF TREES.
I WANT TO SEE A SPECIFIC NUMBER IN THE APPLICATION.
THEY'RE SUPPOSED TO BE A DOUBLE ROW OF TREES.
THAT TO ME COMES OUT TO SOMETHING LIKE 55 TREES.
I WANT TO SEE THAT SPECIFICALLY IN THE, IN THE PLANNING, UH, PACKAGE FOR NEXT MONTH, I WANT TO SEE THAT THEY ARE COMMITTED TO MAINTAINING THE NUMBER OF TREES THAT ARE REQUIRED IN THERE AND NOT JUST LEFT UP TO THE, UH, TO THE DEVELOPERS, UH, UNDERSTANDING ON AESTHETICS.
IT'S A MINOR POINT, BUT, BUT THERE'S A VACUUM STATION THAT IS COVERED AND UNDER CANOPY.
AND THEN THERE IS A SEPARATE VACUUM STATION THAT ISN'T UNDER CANOPY, AND IT'S JUST A BUNCH OF POLES STICKING UP IN THE AIR.
AND I JUST DON'T UNDERSTAND WHY YOU WOULDN'T HAVE ALL THE VACUUM STATIONS UNDER CANOPY.
UH, THAT JUST TO ME WOULD BE A FAR MORE AESTHETICALLY PLEASING DESIGN.
THE THIRD ITEM IS A WATERFLOW.
WHEN I, WHEN I GO THROUGH THE ENGINEERING PACKAGE, IT TALKS ABOUT THE EXPECTED AMOUNT OF DISCHARGE INTO THE, UH, INTO THE SEWERS.
IT REALLY DOESN'T TALK ABOUT THE AMOUNT OF WATER THAT THEY'RE CONSUMING.
UH, I'D LIKE TO SEE THE ENGINEERING REPORT BE MORE SPECIFIC IN TERMS OF HOW MUCH WATER ARE YOU BRINGING IN? HOW MUCH ARE YOU RECYCLING? WHAT, WHAT LEVEL OF CONSERVATION ARE YOU APPLYING TO THIS, UH, WATER USE, UH, THAT IS TAKING PLACE? AND THEN HOW IS THE RESIDUAL, UH, MATERIAL FROM THE RECYCLING HANDLED FILTRATION OR WHATEVER, WE'LL HAVE SOME SORT OF A MEDIA PRODUCED THAT, UH, THAT NEEDS TO BE DISPOSED OF IN THE DISPOSAL PLANS.
IT TALKS ABOUT SOLID WASTE DISPOSAL, WHICH I'M ASSUMING IS FROM THE VACUUM STATIONS.
IT DOESN'T TALK ABOUT ANYTHING ABOUT LIQUID WASTE OR A MIXTURE OF LIQUID PLUS SOIL.
UM, THAT NEEDS TO BE COVERED IN HERE.
AND IT'S NOT IN THE ENGINEERING REPORT.
UM, I STOOD IN FRONT OF THE DRAWING TUNNEL, THE WASH, THE WASH BAY, UH, WASH TUNNEL AT, UH, WATERTOWN ROAD.
IT WAS A BUSY SATURDAY AFTERNOON.
THERE WAS LOTS OF CARS GO THROUGH THE WASH.
AND I AGAIN USED A PHONE APP TO CALCULATE NOISE LEVELS, AND THAT'S NOT THE MOST SCIENTIFIC WAY OF MEASURING NOISE, BUT WE HAD AN AVERAGE OF 94 DECIBELS AT THE OUTLET OF THAT WASH BAY.
THOSE, THOSE, THOSE, UM, DRAWING, UH, SYSTEMS ARE LIKE JET ENGINES.
AND NOW THEY'RE DOING A GREAT JOB OF GROWING THE CARS, BUT THEY'RE PRODUCING A TREMENDOUS AMOUNT OF NOISE.
SO WHEN I HAVE, WHEN I HAVE A SIMPLE APP, THAT'S TELLING ME THAT I'M REACHING 94 DECIBELS ON AVERAGE, AND I'M CLOSE TO A RESIDENCE IN LAKE.
I THINK THERE'S A MAJOR ISSUE HERE THAT ISN'T EVEN DISCUSSED IN THE REPORT.
THEY NEED TO COME BACK WITH A PLAN ON HOW THEY'RE GOING TO ADDRESS THE NOISE LEVEL IT'S MISSING.
THOSE ARE THE FOUR POINTS I WANTED TO RAISE.
AND, UH, AND I THINK EACH OF THOSE NEEDS TO BE ADDRESSED BY THE OWNER OR THE DEVELOPER AS HE COMES BACK HERE FOR THE JUNE MEETING.
I THINK, UH, MS. GRAY, I DON'T HAVE ANY QUESTIONS, REALLY THE APP, THE TUNNEL.
I'M NOT SURE IT COULD EVER BE PUT ON THAT PORSCHE WHERE IT'S NOT FACING A ROAD.
IT'S EITHER FACING GEORGE WASHINGTON ROAD OR GRAFTON ROAD GRAFTON DRIVE, OR MARTIN FARMS ROAD.
SO I'M NOT EXACTLY SURE HOW THEY'RE
[01:50:01]
GOING TO DO THAT, BUT I'LL BE WAITING TO SEE HOW THEY APPROACH THAT COMMENTS ON THAT.I THINK YOU HAD A COMMENT OR A CONCERN ON THAT IN THE WRITEUP.
WELL, I DIDN'T, I DIDN'T GO THROUGH THE ACTUAL STAFF REPORT THAT YOU WERE GIVEN BECAUSE, YOU KNOW, SO LOOK FORWARD TO, THEY ASK FOR, UH, POSTPONE NEXT MONTH.
UM, ANY OTHER COMMENTS FOR THAT? OKAY.
I WOULD RECOMMEND THAT WE CONTINUE TO PAY.
YOU'VE GOT TO OPEN THE PUBLIC.
YOU GOT TO GET SOME PUBLIC COMMENT FOR, I GOT TO OPEN IT UP.
SO, BUT OPEN THE PUBLIC HEARING, UH, ON THIS IS, IS, WAS THE APPLICANT HERE, MR. ANTS? SO HE'S NOT HERE.
SO WE'RE GOING TO OPEN UP THE PUBLIC HEARING.
IS THERE ANYONE, IS THERE ANYONE, IS THERE ANYONE OUT THERE THAT WISHES TO COMMENT ON THIS APPLICATION? YES, SIR.
COME FORWARD, PLEASE STATE YOUR NAME AND ADDRESS.
UH, YEAH, I DON'T HAVE A NAME.
I LIVE AT ONE 13 SHEILA WAY AND A RAINBOW VILLAS.
AND, UH, JUST, UH, ONE THING THAT I'D LIKE TO MENTION IS THAT, UH, THEY DID A TRAFFIC STUDY, THE TRAFFIC IMPACT ANALYSIS, UH, FOR THIS, UH, PROJECT.
AND THEY ONLY DID IT ON ONE DAY ON TUESDAY, MARCH 15TH, FROM THE HOURS OF SEVEN AND TONIGHT AT FOUR TO 6:00 PM, SEVEN TO NINE IN THE MORNING.
AND I THINK THAT THIS TRAFFIC STUDY SHOULD BE AT LEAST A WEEK.
IT SHOULD INCLUDE FRIDAYS WHERE PROBABLY THE TRAFFIC IS PROBABLY THE WORST FOR A RUSH HOUR AND ALSO ON THE WEEKENDS.
UH, I THINK THOSE SHOULD BE, UH, ADDED, UH, YOU KNOW, DO THIS AT LEAST, UH, FOR A WEEK, NOT JUST ONE DAY.
AND, UH, I DON'T KNOW IF IT WAS DONE ELECTRONICALLY OR IF THERE WAS SOMEBODY JUST STANDING ON A CORNER, UH, YOU KNOW, JUST COUNTING TRAFFIC.
SO, UH, I THINK, UH, THAT SHOULD BE LOOKED INTO.
IS THERE ANYONE ELSE OUT THERE? OKAY.
NOW I THINK WE PROBABLY NEED TO CONTINUE THE PUBLIC HEARING.
SO I'D RECOMMEND TO CONTINUE THE PUBLIC HEARING OF PC 22 DASH 15 TO THE JUNE 8TH MEETING OF THE PLANNING COMMISSION.
NOW MOST OF THEM BY MR. HALL, ROY IS TO CONTINUE THE PUBLIC HEARING TO JUNE 8TH PLANNING COMMISSION FOR PC 22 DASH 15.
MR. HALL, ROY, MR. CRINER, MR. HIGH DEATH.
THAT'S ALL OF THE PUBLIC HEARINGS THAT WE HAVE.
IS THERE ANY OLD BUSINESS, IS THERE ANY NEW BUSINESS? DO WE HAVE A STAFF
[9.Staff Reports/Recent Actions by the Board of Supervisors]
REPORT AS ALWAYS, UH, QUICKLY THE BOARD AT IT'S APRIL 19TH MEETING APPROVED THE TOURIST HOME ON FENTON MILL ROAD AND THEY APPROVE THE SOLEX RECEPTION HALL ON HAMPTON HIGHWAY, UH, COMING UP, UH, THEIR AGENDA NEXT WEEK IS THE, UH, TODAY'S POINT VITO STORE'S HOME ON ALLEN'S MILL ROAD.AND, UH, UH, THEY'RE ACTUALLY GOING TO HAVE A REGULAR MEETING, UH, ON JUNE STEPH.
NORMALLY THE FIRST MEETING OF THE MONTH IS A WORK SESSION MEETING, BUT THERE WAS SOME BUSINESS THAT THE BOARD, UH, UH, WANTED TO, UH, CONDUCT.
SO THE JAN JUNE 7TH MEETING IS ACTUALLY GOING TO BE A REGULAR MEETING.
AND SO THAT'S THE, UH, MEETING ONE, THEY'LL HAVE THE PUBLIC HEARING AND CONSIDER THE, UH, PROPER AMENDMENTS FOR COMMONWEALTH GREEN.
UM, COMING UP ON YOUR JUNE 8TH AGENDA, IN ADDITION TO TIDAL WAVE AUTO SMALL, UH, WE HAVE A USE PERMIT APPLICATION FOR, UH, PET GROOMING AS A HOME OCCUPATION ON KINNAMAN ROAD AND, UH, ALSO A, UH, TOURIST HOME ON OAK TREE ROAD, UH, OFF OF, UH, EAST ROSHAMBO DRIVE AND THE UPPER COUNTY.
AND I BELIEVE THAT'S ALL THE APPLICATIONS WE HAVE FOR JUNE.
UM, SO WHAT'S RIVER THAT'S RIGHT.
UM, YEAH, UH, UH, WE HAVE, WELL, THE APPLICATION FOR A HPAC CONTRACTOR, UH, WITH OUTSIDE STORAGE, UH, ON ROUTE 17, UH, UH, IN THE, THE EDGE HILL AREA.
AND, UH, FOR THE LAST ITEM, UH, I'M GOING TO COME DOWN TO THE PODIUM AND I'M GOING TO ASK MS. PARKER TO MEET ME THERE.
[01:55:11]
SO NEXT FRIDAY IS, UH, AMY'S 20TH ANNIVERSARY WITH THE YORK COUNTY PLANNING DIVISION.I DIDN'T WANT TO LET THE MOMENT PASS WITHOUT, UH, UH, RECOGNIZING THIS ACCOMPLISHMENT.
AND, UH, I'VE GOTTEN TO KNOW AMY OVER THE PAST 20 YEARS.
UH, ONE THING IF YOU KNOW, NATE, AMY, UH, UH, TWO OF HER PASSIONS ARE HISTORY AND GARDENING.
WE WON'T MENTION JIMMY BUFFET OR A STAR TREK, BUT, UH, SHE'S CONSTANTLY FINDING WAYS TO BEAUTIFY OUR OFFICE, UH, SPRUCING IT UP WITH, UH, FLOWERS FROM HER GARDEN.
AND, UH, RECENTLY SHE TOOK IT UPON HERSELF TO, UH, PLANT A LITTLE FLOWER BED IN FRONT OF THE PLANNING BUILDING.
SO CITIZENS COMING TO OUR BUILDING CAN HAVE SOMETHING MORE ATTRACTIVE TO LOOK AT THEN MULCH, UH, AS FAR AS, UH, I MENTIONED THAT HER ONE OF HER OTHER PASSIONS IS HISTORY.
UH, SHE'S BEEN A INCREDIBLY HARDWORKING VOLUNTEER FOR COLONIAL WILLIAMSBURG.
I THINK PRETTY MUCH SINCE YOU GOT HERE, UH, CONDUCTING TOURS OF, UH, WHETHER BURNS TAVERN, UH, MAINTAINING A GARDEN AT CW, UH, CONDUCTING GARDEN TOURS, MAKING CHRISTMAS WREATHS FOR COLONIAL BUILDINGS, UH, DURING THE HOLIDAY SEASON, UH, YOU NAME IT, SHE'S DONE IT.
UH, AND SHE ALSO, UH, SHE ALSO DOES VOLUNTEER WORK, UH, FOR THE COUNTY, UH, WORKING WITH THE, UH, HISTORY MUSEUM, UH, ORGANIZING EVENTS, UH, WORKING THE EVENTS ON JULY 4TH AND, UH, YORKTOWN DAY WHEN THE REST OF US ARE HAPPILY ENJOYING A DAY OFF, YOU'LL FIND AMY AND YORKTOWN USUALLY AT THE CRACK OF DAWN, UH, HELPING OUT WITH THE, UH, ACTIVITIES THAT GO ON THERE.
BUT THE REASON I MENTIONED ALL THIS IS THAT WHY AREN'T WE FOR US? AND LUCKILY FOR THE COUNTY, UH, SHE'S ABLE TO APPLY THESE TALENTS AND INTERESTS TO HER PROFESSIONAL WORK, UH, ON MATTERS OF LANDSCAPING.
UH, WE RELY VERY HEAVILY ON AMY'S EXPERTISE WHEN YOU READ THESE USE PERMIT CONDITIONS ABOUT EVERGREEN TREES WITH BRANCHING TO THE GROUND, OR WHATEVER, THAT MORE, MORE LIKELY THAN NOT IT CAME FROM AMY, UH, AND ON THE, ON THE HISTORY FRONT.
UM, AS YOU KNOW, THIS AREA, THIS COUNTY IS RICH IN HISTORY, RICH IN ARCHEOLOGICAL RESOURCES THAT NEED TO BE PROTECTED, UH, AS DEVELOPMENT OCCURS.
AND IT'S BEEN INCREDIBLY BENEFICIAL TO HAVE SOMEONE LIKE HER ON STAFF WITH HER VAST KNOWLEDGE OF, UH, THIS AREA'S HISTORY AND, UH, THE IMPORTANT ITS IMPORTANCE AND THE IMPORTANCE OF PRESERVING THAT HISTORY.
AND ALSO WITH THE, UH, EXPERTISE TO NAVIGATE THROUGH THE, UH, RATHER CUMBERSOME AND, UH, LABYRINTH OF, UH, FEDERAL AND STATE, UH, PROCEDURES, PROCESSES, REGULATIONS, UH, SURROUNDING HISTORIC, UH, PRESERVATION.
UH, SO I WANT TO GIVE YOU YOUR 20 YEARS SURFACE PIN SOLID GOLD, I'M TOLD, UH, AND, UH, THAT'S GOT THE, UH, THE YORKTOWN SLOOP THERE AND JUST SAY, UH, CONGRATULATIONS AND THANK YOU FOR EVERYTHING THAT YOU DO, EVERYTHING YOU HAVE DONE AND EVERYTHING THAT YOU CONTINUE TO DO FOR THE PLANNING DIVISION AND FOR THE CITIZENS OF YOUR COUNTY.
I'M GOING TO ASK YOU THIS PICTURE OH, OKAY.
IT'S BEEN AN INCREDIBLE 20 YEARS, UH, IN, IN LEARNED A LOT, BEEN THROUGH A LOT, UM, BEEN MY, UH, MY PRIVILEGE TO SERVE AND TO CONTINUE TO SERVE.
[02:00:04]
ANY COMMITTEE REPORTS? NOPE.ANY COMMISSIONER REPORTS? UH, WE DO HAVE COMMITTEE REPORT, ACTUALLY.
MR. KING'S NOT HERE TO SPEAK FOR THE COMP PLAN COMMITTEE, SO I GUESS I'LL PINCH IT.
UH, WE DID HAVE A MEETING, UH, MAY 4TH AND WE REVIEWED THE DRAFT HOUSING ELEMENT OF THE COMP PLAN.
SO WE'RE SLOWLY WORKING OUR WAY THROUGH THE, UH, ELEMENTS OF THE PLAN, UH, HAD GOOD DISCUSSION.
AND IF YOU WANT TO REVIEW, ULTIMATELY THE WHOLE DRAFT PLAN IS GOING TO COME TO YOU ALL FOR REVIEW, BUT IF YOU'RE INTERESTED IN TAKING A SNEAK PREVIEW, TAKING A LOOK AT THAT ELEMENT, IT IS AVAILABLE ON THE, A, UH, PROJECT WEBSITE, UH, WWW.YORKTWENTYFORTY.COM.
OR YOU CAN NAVIGATE THROUGH IT THROUGH THE, UH, THE, UH, COUNTY WEBSITE.
IS THE NEXT MEETING? UH, IF WE HAVE ONE, IT WOULD BE THE FIRST WEDNESDAY IN JUNE 1ST, FIRST.
UM, IT'LL DEPEND ON WHETHER WE HAVE ANOTHER, UH, DRAFT ELEMENT TO DISTRIBUTE.
ANY OTHER REPORTS OR REQUESTS? OKAY.
ONE OF OUR LONGER MEETINGS, LET'S ADJOURN.