Jul 13, 2022 Planning Commission

[00:00:04]

GOOD EVENING.

[1. Call to Order]

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

THE RESPONSIBILITY IS EXERCISED THROUGH RECOMMENDATIONS, CONVEYED BY RESOLUTIONS OR THEIR OFFICIAL MEANS, AND ALL ARE MATTERS OF PUBLIC RECORD.

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

AND TWO AT LARGE MEMBERS ARE NOW CALLED TO ORDER THE JULY 13TH, 2022 REGULAR MEETING OF THE YORK COUNTY PLANNING COMMISSION.

CALL THE ROLL.

MR. HALL POLAROID PRESENT MR. TITUS MISLEADING.

YEAH.

MR. KING, MR. CRINER, MR. SMITH AND MR. PETERMAN, MR. CHAIRMAN, YOU HAVE A QUORUM.

OKAY.

THANK YOU VERY MUCH.

UH, STAND FOR THE, FOR THE PLEDGE OF ALLEGIANCE, PLEASE.

I PLEDGE ALLEGIANCE TO .

PROBATION STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY.

THANK YOU.

PLEASE TAKE YOUR SEATS.

I HAVE

[4. Approve Minutes – June 8, 2022]

YOU HAVE SO ANY COMMENTS OR CORRECTIONS? ALL RIGHT.

MOVE.

WE ACCEPT THE MINUTES AS WRITTEN.

PLEASE CALL THE ROLL.

OKAY.

UM, THE MOTION BY, UH, MR. CRINER IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON JUNE 8TH, 2020 TO MISLEAD HIM.

YES.

MR. KING.

YES.

MR. CRINER.

YES.

MR. SMITH.

YES.

MR. PETERMAN, MR. TITUS.

YES, THE MOTION PASSES.

THANK YOU VERY MUCH.

UH, WE NOW COME TO EVERY YEAR IN JULY, WE HAVE A CHANGE OF, UH, CHAIRMAN AND, AND VICE CHAIR ON THE COMMISSION.

AND NOW IS THE TIME TO DO THAT.

HE'S NOT HERE.

[5. Election of Officers for FY 2022-2023– Richard E. Hill Jr., Deputy County Attorney, presiding]

I'M GOING TO PASS THE GAVEL.

IF YOU WILL BE MR. HILL, THE DEPUTY COUNTY ATTORNEY TO PRESIDE.

THANK YOU, MR. CHAIR.

AT THIS POINT, AT THIS TIME, I WOULD OPEN UP NOMINATIONS FOR THE OFFICE OF THE CHAIR OF THE PLANNING COMMISSION.

MR. TITUS, I NOMINATE, UH, MS. MARY LEHMAN LEAD THEM MISLEAD THEM HAS BEEN NOMINATED.

IS THERE A SECOND, SECOND, ARE THERE ANY OTHER NOMINATIONS? EXCUSE ME.

SEE, NONE.

UH, I WOULD CALL FOR A, UH, A VOTE ON THE MOTION TO NOMINATE AND APPROVE LEAD THEM AS THE CHAIR OF THE PLANNING COMMISSION AND BY ROLL CALL.

ALRIGHT.

UM, THE MOTION IS TO, UH, UH, AND, UH, MISLEAD THEM.

THE MOTION IS TO APPROVE MS. LEE ELECT MISLEAD THEM AS CHAIR OF THE PLANNING.

THE MOTION IS TO ELECT MISLEAD HIM AS CHAIR MISLEAD HIM.

YES.

MR. KING? YES.

MR. CRINER? YES.

MR. SMITH.

YES.

MR. PETERMAN AND MR. TITUS.

YES.

YES.

YOU DON'T GET A VOTE.

CONGRATULATIONS.

ALL RIGHT.

AT THIS TIME I WOULD ALSO, I WOULD, UM, WAIT, CALL FOR NOMINATIONS FOR THE OFFICE OF VICE CHAIR.

OKAY.

MR. TITUS, MR. OVER THE, UM, I NOMINATE HIM.

IS THERE A SECOND? SECOND, THE MOTION ON THE FLOOR IS TO ELECT DOUGLAS HOLROYD AS THE VICE CHAIR OF THE PLANNING COMMISSION.

ARE THERE ANY OTHER NOMINATIONS? SEE, NONE.

I WOULD ASK THE ROLL CALL BE TAKEN.

MR. KING? YES.

MR. CRINER? YES.

MR. SMITH.

YES.

MISLEAD HIM.

YES.

AND MR. TITUS? YES, THE MOTION PASSES.

THANK YOU.

YOU MAY MAIL.

YOU MAY SWITCH CHAIRS.

SOMEBODY, SOMEBODY SINGING A SONG.

TAKE YOUR NAME

[00:05:01]

DON'T WORRY ABOUT IT TODAY.

OKAY.

WHAT DO WE DO NOW? YOU LIKE JUST TO CALL UP THIS AGENDA? YES.

UM, WE HAD TWO THINGS ON OUR AGENDA, ONE AS WITHDRAWN, BUT WE NEED TO SWAP NEED SUSAN COMMENTS.

OH.

BEFORE WE START CITIZEN COMMENTS ON ANYTHING.

THAT'S NOT ON THE AGENDA TONIGHT.

OKAY.

FIRST

[6. Citizen Comments]

THAT'S NOT ON THE AGENDA TONIGHT.

ANY POETS? THE NO ONE STEPPING FORWARD.

WE'LL MOVE TO THE PUBLIC.

UM, OKAY.

LIKE I SAID, WE HAD TWO, ONE IS WITHDRAWN.

EXCUSE ME.

THEY CAN'T HEAR ME.

THE OTHER APPLICATION HAS NOT BEEN WITHDRAWN.

WE, OH, WE'RE GOING TO DO IT ANYWAY, YOU KNOW, AFTER WE TAKE, OKAY.

[Application No. UP-997-22, Emani Properties Inc]

OPEN THE PUBLIC HEARING.

OKAY.

I'M GOING TO OPEN THE PUBLIC HEARING.

NOT YET.

SORRY.

SORRY.

THEN WE'LL OPEN THE PUBLIC HEARING.

GOOD EVENING.

GOOD EVENING.

MADAM CHAIR, MEMBERS OF THE COMMISSION.

THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE A TOURIST HOME IN THE EXISTING SINGLE FAMILY, DETACHED DWELLING AT 1 0 5 BASSOON DRIVE.

UH, THE APP, UH, THAT I WILL MENDEZ SUBMITTED THE APPLICATION.

HE IS DIRECTOR OF AMANI PROPERTIES INCORPORATED, WHICH OWNS THE PROPERTY.

PROPERTY IS OUTLINED IN BLUE ON THE ZONING MAP.

IT'S A QUARTER ACRE PARCEL IN THE CARVER GARDENS SUBDIVISION OFF OF MERRIMACK TRAIL UP IN THE UPPER COUNTY.

ALL OF CARVER GARDENS IS ZONED , WHICH IS HIGH DENSITY, SINGLE FAMILY, RESIDENTIAL.

HERE'S THE BIRD'S EYE VIEW OF THE PROPERTY.

UM, OUTLINED IN YELLOW, UH, THE, UH, LITTLE RED SQUARE THAT YOU SEE THERE IS ACTUALLY, UH, WHERE THE APPLICANT IS PROPOSING TO ADD, UH, A TWO CAR PARKING AREA THERE, ALONG WITH UNE DRIVE.

A FEW MORE PICTURES OF THE HOUSE IS WHAT YOU MIGHT CALL A FIXER-UPPER.

UH, IT WAS BUILT IN 1954.

UH IT'S UH, UH, IT'S BEING TOTALLY, UH, RE REHABBED RENOVATED BY THE APPLICANT.

YOU CAN SEE, UH, WHEN I WAS OUT THERE, THE WORKERS WERE OUT THERE, UH, WORKING ON THE HOUSE.

IT'S IN KIND OF A STATE OF DISREPAIR.

HERE'S THE VIEW FROM DIRECTLY IN FRONT OF THE HOUSE.

AND, UH, OH, PLEASE TAKE NOTE OF THE DRIVEWAY.

CAUSE ONE OF THE CONCERNS THAT WE HAD WAS, UH, THE ABILITY OF THE DRIVEWAY TO ACCOMMODATE, UH, UH, PARKING FOR THE PROPOSED TOURIST HOME.

AS YOU CAN SEE THAT THAT'S A VERY LARGE TRUCK, BUT IT'S, UH, TAKING UP PRETTY MUCH ALL THAT, UH, DRIVEWAY.

AND THEN HERE'S A VIEW OF THE REAR OF THE HOUSE.

UH, SO IT'S A SMALL HOUSE, LITTLE OVER A THOUSAND SQUARE FEET.

AS I SAID, IT'S NOT A QUARTER ACRE PARCEL.

UH, THE APPLICANT, UH, PURCHASED THE HOUSE, UM, SEVERAL MONTHS AGO, UH, AND TENDS TO OPERATE IT AS SHORT-TERM RENTAL FOR WHOLE HOUSE RENTALS, INDIVIDUAL ROOMS WOULD NOT BE RENTED.

THERE ARE THREE BEDROOMS IN THE HOUSE, SO IT WOULD BE A MAXIMUM OF THREE BEDROOMS AND SIX GUESTS MINIMUM ONE COME STAY TWO NIGHTS, MAXIMUM 30 DAYS.

THE APPLICANT LIVES IN JAMES CITY COUNTY, UM, ABOUT 16, 18 MINUTE DRIVING DISTANCE AWAY FROM THE HOUSE PENDING ON WHAT ROUTE YOU TAKE.

UH, SO HE HAS ARRANGED FOR THE, UH, APP FOR THE, UH, NEXT DOOR NEIGHBOR TO THE PROPERTY.

THE, UH, GENTLEMAN WHO LIVES AT 106 BETHUNE DRIVE TO OVERSEE THE TOURIST HOME WHILE RENTALS ARE TAKING PLACE.

UH, THIS GENTLEMAN, UH, EVIDENTLY HAS BEEN SORT OF WATCHING OVER THE HOUSE WHILE IT HAS BEEN VACANT.

AND I BELIEVE HE EVEN TAKES CARE OF A LAWN MAINTENANCE.

UM, THE HOUSE, UH, PREVIOUSLY WAS USED, UH, AS LONG-TERM RENTAL AND, UH, THERE WOULD BE NO SIGNAGE.

THERE'S A CONDITION OF APPROVAL, UH, PROHIBITING ANY SIGNAGE ADVERTISING

[00:10:01]

AND HERE'S THE FLOOR PLAN.

AS I SAID, IT'S A SMALL HOUSE, SIX ROOMS, THREE BEDROOMS, ONE AND A HALF BEDS.

UH, THERE WAS A KITCHEN AND THERE IS A DINING ROOM I SHOWED YOU ON THE AERIAL PHOTO, THE, UH, WHERE HE PLANS TO PROVIDE PARKING FOR TWO ADDITIONAL CARS.

UM, THERE IS A DRIVEWAY APRON ALONG WITH YOU AND DRIVE THERE.

SO IT WOULD NOT BE DIFFICULT TO DO.

UH, YOU LOOK AT THE OLD AERIAL PHOTOS, IT LOOKS LIKE THERE MIGHT'VE ACTUALLY BEEN SORT OF A DRIVEWAY, A SECOND DRIVEWAY TO THE PROPERTY.

OF COURSE, THAT WOULD REQUIRE COUNTY APPROVAL.

AND AS WELL AS VIA OUT'S APPROVAL FOR A SECOND DRIVEWAY, WE'RE RECOMMENDING APPROVAL OF THIS APPLICATION.

UH, QUITE FRANKLY, WE COULD HAVE GONE THE OTHER WAY.

UM, THE GUESTS WILL BE MONITORED.

UH, SO THAT'S, THAT'S A GOOD THING.

UM, SOMETIMES THESE THIRD PARTY ARRANGEMENTS, I KNOW OF THEIR CONCERNS ABOUT THEM BECAUSE PEOPLE MOVE AWAY.

THERE'S NO GUARANTEE THAT THAT PERSON WILL, WILL ALWAYS BE THERE.

UH, BUT, UH, THERE HAVE BEEN OTHER INSTANCES WHERE A THIRD-PARTY, UH, OVER OR TOURIST HOMES WITH THIRD-PARTY OVERSIGHT, UH, HAD BEEN APPROVED.

I SHOULD HAVE MENTIONED THAT, UH, THE APPLICANT IS ALSO PUTTING IN SOME EXTERIOR CAMERAS AND SOME INTERIOR NOISE MONITORING EQUIPMENT, UH, UH, AS A, FOR ADDITIONAL SECURITY PURPOSES, WE DON'T THINK THE TOURIST HOME IS GOING TO HAVE ADVERSE IMPACTS ON NEARBY PROPERTIES.

UH, AND THE IMPACT ON AFFORDABLE HOUSING IS A CONCERN.

UH, THIS HAS BEEN RAISED WITH SOME OTHER APPLICATIONS HERE IN THE COUNTY AND, UH, ACROSS THE UNITED STATES, THE CONCERN ABOUT, UH, UH, ABOUT PEOPLE BUYING UP, UH, OR MODERATELY PRICED HOMES AND CONVERTING THEM INTO A SHORT-TERM RENTAL USE IN THIS CASE, THE HOUSE, UH, WE HAVE IT ASSESSED AT 140, ALMOST 142,000.

SO THAT'S WELL BELOW THE AVERAGE IN YORK COUNTY, UH, IT'S ACTUALLY BELOW THE AVERAGE AND CARPET GARDEN, CARVER GARDENS.

THE AVERAGE HOUSE VALUE IS ABOUT 155,000.

UH, THE AVERAGE HOUSE VALUE IN THE COUNTY, YOU KNOW, WAS OVER 300 AROUND 350,000 AS FAR AS SINGLE FAMILY DETACHED.

UM, SO THAT IS A CONCERN.

UH, HOWEVER, IT IS JUST ONE HOUSE IN A SUBDIVISION OF 174 HOUSES.

UH, SO I THINK THAT, UH, YOU HAVE THE OPPORTUNITY IF MORE APPLICATIONS CAME IN TO, TO GO TO REVERT TO, UH, WHAT WE'VE TALKED ABOUT IN THE PAST, WHICH IS, YOU KNOW, LIMITING THE NUMBER OR THE DENSITY OF SHORT-TERM RENTALS IN ANY GIVEN NEIGHBORHOOD.

AND SO WE ARE RECOMMENDING APPROVAL OF THE APPLICATION, SUBJECT TO THE CONDITIONS IN RESOLUTION PC 22 DASH 20, MR. MENDEZ IS HERE TO SPEAK ON HIS BEHALF AND I'D BE HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME AT THIS TIME AND GERMAN.

OH, ASK A QUESTION.

I'M GOING TO ASK KIM, DO YOU HAPPEN TO HAVE A, EITHER SIDE, EITHER SIDE DOESN'T MATTER.

OKAY.

IS THERE ANY QUESTIONS FROM THE FLOOR? I GUESS MY ONLY QUESTION WOULD BE, DO YOU HAVE A PICTURE WHEN I WAS UP THERE THE OTHER DAY, A LOT OF RENOVATION WAS GOING TO ACTUALLY ABOUT TWO WEEKS AGO.

IS THERE A RECENT PICTURE OF WHAT THEY'VE DONE TO THE HOME? HOW DID REMODEL IT? THE, THE PICTURES, UH, THAT ARE SHOWN IN THE PRESENTATION ARE THE ONLY ONES THAT I HAVE.

UH, THEY WERE TAKEN A COUPLE OF WEEKS AGO.

I BELIEVE THAT WORK ON THE HOME HAS AS CEASED THE TIME BEING OKAY.

SO I DON'T KNOW IF IT'S, IF THERE'S ANY THERE, ANY BETTER VISUALS AVAILABLE, BUT OBVIOUSLY IT'S, IT'S IN KIND OF A STATE OF DISREPAIR AND IT'S, AND IT'S BEING, UH, UPGRADED.

SO THERE, IT IS GOING TO BE AN IMPROVEMENT TO THE NEIGHBORHOOD.

OKAY.

I HAVE NOTHING ELSE.

YOU HAVE A TIMELINE ON THAT REPAIR, LIKE, DO YOUR TIMELINE WHEN IT WILL, IF IT'S OR WHEN IT WOULD BE AVAILABLE? WELL, I'M SURE THE APPLICANT HAS A TIMELINE AND HE CAN ADDRESS THAT, UH, WHEN HE COMES UP TO SPEED.

OKAY.

I'M SURE I HAD SOME QUESTIONS, MR. CARLSON, A COUPLE OF QUESTIONS.

FIRST, ALL SECTION THREE OF THE RESOLUTION DESCRIBES, UH, THE V DOT REQUIREMENT OF APPROVAL FOR THE ADDITIONAL DRIVEWAY.

IS THAT

[00:15:01]

IF SHE DOESN'T APPROVE IT, THEY CAN'T HAVE, THEY CAN'T HAVE THE SECOND DRIVEWAY AND THEN THEY COULDN'T FULFILL THAT CONDITION.

SO WE USE PERMIT WOULD NOT, WOULD BE NULL AND VOID UNLESS THEY COME UP WITH SOME ALTERNATIVE THAT WAS ACCEPTABLE TO BEAT UP.

THANK YOU.

AND MR. COLES, THE NEIGHBOR AS INDICATED HE WOULD LOOK AFTER THE PROPERTY.

WHAT EVIDENCE DO WE HAVE THAT HE WOULD DO THAT AS, IS HE PRESENT TONIGHT OR IS HE A, I'VE NOT SPOKEN WITH, UH, MR. COLE'S, MR. COWS? UM, I DO KNOW, UM, UH, I DO KNOW THAT THE APPLICANT SUBMITTED A SIGNED STATEMENT FROM FOUR FROM RESIDENTS OF FOUR OF THE EIGHT ADJACENT HOMES OF ONE OF WHICH, UH, IS MR. COWL.

SO WE KNOW THAT HE'S IN SUPPORT OF THE APPLICATION, BUT NO, I HAVE NOTHING.

I HAVE NOT SPOKEN WITH MR. COWLES OR KOHL'S, UH, THE APPLICANT HAS, UH, BUT I HAVE NOT.

I FIND IT STRANGE THAT THE APPLICATION WOULD GO FORWARD WITH A REQUIREMENT THAT THE NEIGHBOR LOOK AFTER THIS HOME WITHOUT SOME DOCUMENTATION TO THAT EFFECT.

WELL, WE'VE, UH, THE FEW THAT HAVE BEEN BEEN APPROVED, UH, YOU KNOW, WE HAVE, UH, THE ONE THAT WAS APPROVED ON GOOSEY ROAD, THAT WAS A THIRD-PARTY ARRANGEMENT, BUT WE DID NOT KNOW WHO THAT THIRD PARTY WAS.

UH, IT WAS NOT IDENTIFIED YOU DURING THE PUBLIC HEARING PROCESS.

THANK YOU.

THAT PERSON, I'M SORRY, I'VE GOT A COUPLE OF QUICK QUESTIONS, IF YOU WILL.

UH, I NOTICED THAT THREE OUT OF THE SIX ADJACENT PROPERTIES, UH, WERE NOT ON THE SIGNATURES.

UH, DID WE RECEIVE ANY COMMENTS, UH, FOR OR AGAINST? UH, WE RECEIVED, I RECEIVED AN EMAIL, UH, FROM, UH, ONE OF THE RESIDENTS OF CARVER GARDENS, WHICH I FORWARDED TO YOU ALL.

UH, I BELIEVE IT WAS LAST WEEK, UH, EARLIER ON I RECEIVED THAT EMAIL WAS AN OPPOSITION EARLIER ON, I RECEIVED AN ANONYMOUS EMAIL FROM SOMEONE SAYING THAT THEY WERE OPPOSED TO IT.

AND WHEN I FOLLOWED UP AND ASKED THEM, IF THEY'D BE WILLING TO GO ON THE RECORD AND GIVE THEIR NAME AND ADDRESS, I'D NEVER GOT A RESPONSE.

SO YOU CAN TAKE THAT FOR WHAT IT'S WORTH.

UH, AND THEN I, UH, TOOK A PHONE CALL FROM A ADJACENT PROPERTY OWNER WHO LIVES DIRECTLY BEHIND THE HOUSE.

AND WE HAD A LONG CONVERSATION.

SHE HAD A LOT OF QUESTIONS, BUT SHE WANTED TO DIGEST IT ALL.

AND SO SHE DIDN'T HAVE, SHE DID NOT OFFER AN OPINION ONE WAY OR THE OTHER.

THANK YOU.

ARE THERE ANY OTHER EVERYBODY'S GOOD.

SO NOW LAST FOR THE QUESTIONS FROM YOU OR THE PRESENTATION PRESENTATION.

OKAY.

SO SOMEONE HERE GONNA NEED TO OPEN A PUBLIC HEARING AND CALL THE APPLICANT UP TO OKAY.

PATIENT'S VIRTUES.

ALL RIGHT.

SO WE HAVE NO CITIZENS THAT WISH TO SPEAK, RIGHT? WELL, WE'RE GOING TO MAKE THE PRESENTATION HERE.

I'M SORRY.

SO IT IS SOMEONE PREPARED TO DO THAT.

I'M SORRY.

AND YOUR NAME, SIR.

MY NAME IS ROLE PAYROLL AND WE NEED YOUR ADDRESS.

OH, MY ADDRESS IS 6 2 6 0.

CHELSEA CRESCENT, WILLIAMSBURG, VIRGINIA.

YOU HAVE 10 MINUTES.

OKAY, GREAT.

I TOOK SOME NOTES TO MAKE SURE I DIDN'T MISS ANYTHING.

UM, YEAH,

[Application No. UP-998-22, Wayne Harbin]

MY NAME IS RAUL.

I'M THE OWNER OF AMANI PROPERTIES, INC.

I'M ASKING FOR YOUR CONSIDERATION OF APPROVAL FOR THE SHORT TERM RENTAL.

WASN'T SURE HOW PERSONAL TO GET IN THE NARRATIVE.

I'M ORIGINALLY FROM TEXAS AND RELOCATE IT TO THE AREA.

AFTER THE MILITARY.

I'VE BEEN IN THE AREA FOR ALMOST 10 YEARS AND HAVE MADE IT MY HOME.

I HAVE A LOCAL REAL ESTATE TEAM AND WE HELP TRANSITIONING FAMILIES, INCLUDING OUR SERVICE MEMBERS THAT OFTEN HAVE TO SCRAMBLE TO GET TEMPORARY HOUSING WHILE THEIR NEW HOME WAS READY.

A LOT OF THEM BUYING HERE IN THE COUNTY, ACTUALLY, WE'VE SEEN MANY FAMILIES HAVE A HARD TIME FINDING A PLACE TO SLEEP IN THAT WILL ACCOMMODATE THE WHOLE FAMILY.

AFTER A LONG DAY OF DRIVING, WHAT THEIR RELOCATION, HAVING TO PAY REALLY HIGH HOTEL COSTS THROUGH THE SCRAMBLE, ESPECIALLY WHEN PETS

[00:20:01]

THESE ARE THE TYPES OF HARDSHIPS THAT WE ENCOUNTER.

OFTEN.

WE ARE HOPING THIS CAN BE OF SOME SMALL HELP TO OUR COMMUNITY, FUTURE RESIDENTS.

ALL OF MY FAMILY'S STILL IN TEXAS AND MY WIFE'S PARENTS LIVE IN NORTH CAROLINA.

WE PLAN ON HOPEFULLY BEING ABLE TO USE THIS PROPERTY FOR WHEN OUR FAMILIES COME AND VISIT AS OUR PARENTS AGE, WE WOULD LIKE TO HAVE A PLACE IN WHICH THEY FEEL COMFORTABLE AND ARE ABLE TO HAVE THEIR PRIVACY AS WELL.

WHEN THEY VISIT, WE PRIMARILY PLAN TO USE THE PROPERTY FOR THESE PURPOSES.

OUTSIDE OF THAT, WE WOULD RENT IT OUT THROUGH ONE OF THE ONLINE PLATFORMS. I UNDERSTAND THE SCRUTINY THAT COMES WITH THESE APPLICATIONS.

WE ARE COMMITTED TO ABIDE WITHIN THE RULES AND ARE ALSO FLEXIBLE WITH ANY FURTHER SUGGESTIONS.

AFTER TALKING TO YOUR STAFF, I THINK IT WAS INTERESTING AND WORTH NOTING HOW YOU HARDLY RECEIVE FROM THE TOURIST HOMES THAT YOU HAVE APPROVED, BUT MOSTLY FROM THE ONES OPERATING ILLEGALLY THROUGHOUT MY CAREER, I HAVE ALWAYS MADE IT A FOCUS TO TAKE CARE OF PEOPLE.

FIRST AND FOREMOST, WE LIKE TO DO THINGS THE RIGHT WAY AND WOULDN'T WANT TO JEOPARDIZE THE NEIGHBORHOODS PIECE.

WE'RE OF COURSE, OPEN TO BE HELD ACCOUNTABLE.

WE PURCHASED A PROPERTY UNDER A BUSINESS ENTITY FOR LIABILITY AND TAX PURPOSES, AS I'M SURE SOME OF YOU ARE AWARE OF, WE'RE NOT SOME BIG CORPORATION.

I'M THE ONLY MEMBER OF THE ENTITY.

ALTHOUGH THIS SHORT TERM RENTAL IS A FIRST FOR US, WE PLAN TO HAVE IT EQUIPPED PROPERLY FOR SMOOTH MANAGING AND FOR ENFORCING COMPLIANCE.

SINCE BEING A REAL ESTATE LOCALLY, WE HAVE BUILT RELATIONSHIPS WITH CONTRACTORS AND PRETTY MUCH ANYONE WE MAY NEED YOU'RE IN AN EMERGENCY JESSIE CALLS AND ABLE TO THE RIGHT HAS BEEN MAINTAINING THE LANDSCAPING AND KEEPING AN EYE AN EYE ON THE PROPERTY.

SINCE BEFORE I BOUGHT IT, HE AGREED TO HELP WITH THE MANAGEMENT.

SHOULD ANY EMERGENCIES ARISE.

ALSO INTRODUCE MYSELF AND TALK TO SEVERAL OF THE ADJACENT NEIGHBORS WHO WERE IN SUPPORT.

THE TWO PROPERTIES BEHIND SEEM TO BE VACANT AND DISTRESSED.

WE'RE REPLACING ALMOST EVERYTHING INSIDE AND OUTSIDE THE HOUSE, MAKING IT A BIG INVESTMENT FOR US.

WE PLAN TO MONITOR THIS CLOSELY FOR THE NEIGHBORS AND TO PROTECT OUR INVESTMENT AS WELL.

I LEARNED THAT MOST PARTY TYPE OCCURRENCES TEND TO HAPPEN WHEN LOCALS BOOK FOR A DAY.

AND FOR THAT REASON, WE'RE ONLY ACCEPTING LOCALS UNDER SPECIAL CIRCUMSTANCES WITH A MINIMUM TONIGHT'S STAY.

I'VE ALSO GIVEN MY NUMBER TO THE NEIGHBORS IN CASE THEY WOULD EVER NEED TO CONTACT ME.

I UNDERSTAND THAT YOU RECEIVE AN EMAIL OF OPPOSITION FROM A RESIDENT WHO LIVES TWO BLOCKS AWAY.

I WAS RECENTLY INFORMED THAT HE HAD ALSO BEEN INTERESTED IN PURCHASING THIS HOUSE.

I HOPE YOU WILL CONSIDER THE SUPPORT THAT WE HAVE RECEIVED FROM THE NEIGHBORS.

ALTHOUGH ONE CAN ARGUE HOW THIS NEGATIVELY AFFECTS AFFORDABLE HOUSING.

THE TRANSFORMATION OF THIS HOME WILL ACTUALLY HELP BRING UP THE NEIGHBORHOOD WITH A PROPERTY THAT HAS BEEN AN EYESORE FOR YEARS AND WILL ALLOW FOR FUTURE RESIDENTS TO EXPERIENCE A NEIGHBORHOOD IN YORK COUNTY THAT CAN EASILY BE OVERLOOKED AS A LOCAL SMALL BUSINESS OWNER.

WE HAVE TO BE PREPARED FOR OUR INCOME TO BE CUT IN HALF HERE AND CHANGING ECONOMIES.

I BELIEVE THIS WOULD PROVIDE TRAVELERS WITH A MORE COMFORTABLE AND AFFORDABLE OPTION, THEREFORE SUPPORTING OUR LOCAL SMALL BUSINESS OWNERS AS WELL.

THANK YOU FOR YOUR TIME AND CONSIDERATION.

NOW, DOES ANYBODY UP HERE HAVE ANOTHER QUESTION? UM, YES.

HOW IS, HOW ARE YOU PROGRESSING WITH RENOVATING THE HOUSE? UH, WE UNDERSTAND FROM OUR STAFF THAT SOME OF THE WORK HAS HALTED AND HOW ARE YOU, UH, PROGRESSING AND WHAT KIND OF TIMELINE DO YOU HAVE TO BRING THE HOUSE UP TO CODE AND TO MAKE THE IMPROVEMENTS THAT ARE OUTLINED HERE? SO I'M THINKING WE PROBABLY HAVE ABOUT 60 DAYS BEFORE WE CAN BE COMPLETED.

AND HONESTLY, IT'S A LOT DEPENDENT ON WHETHER WE CAN, UH, WE GET PERMITTED TO USE PROPERTY AS A SHORT-TERM RENTAL OR NOT.

UM, AND I THINK I UNDERSTOOD THAT THE, UM, THE BOARD OF SUPERVISORS ALSO NEED APPROVAL, SO WE MAY FINISH AND THEN JUST, YOU KNOW, REALLY STANDBY UNTIL WE, YOU KNOW, FOR SURE YOU OWN THE HOME.

THAT'S CORRECT.

YES.

AND IF IT DOESN'T GET APPROVED, WHAT DO YOU, WHAT ARE YOUR PLANS? UM, I'M NOT SURE YET.

UM, I THINK WE MAY, WE MAY KEEP IT POSSIBLY AS A LONG-TERM RENTAL.

UM, HAVEN'T REALLY DECIDED YET.

OKAY.

THANK YOU.

NOT SURE.

GET JUST A COUPLE OF, YOU HAD MENTIONED THAT ONE OF YOUR CUSTOMER TARGETS IS THE MILITARY TRANSITIONING.

WHAT, WHICH, WHAT BASES ARE WITH THAT LOCALITY ARE YOU TARGETING? SO I HAVE A REAL ESTATE TEAM.

I'M A REAL ESTATE AGENT AND WE OFTEN HAVE, UH, MILITARY FOLKS.

IN FACT, I ACTUALLY HAVE SOMEONE RIGHT NOW THAT, UM, YOU KNOW, HOUSING, WHEN THEY'RE CLOSING ON THEIR HOUSE, IT GETS DELAYED AND, YOU KNOW, THEY'RE SCRAMBLING WITH KIDS AND DOGS AND CAN'T REALLY, UM, THEY CAN FIND SOMEWHERE TO GO, BUT IT'S USUALLY PRETTY PRICEY.

UM, SO THAT'S, YOU KNOW, MORE, MORE IN THE LINE OF WHAT I'M REFERRING TO.

AND DO YOU KNOW YET WHAT ORGANIZATION YOU'RE TARGETING FOR YOUR SERVICE

[00:25:01]

OKAY.

THANK YOU.

THANK YOU, MADAM.

NOBODY ELSE ADDRESS.

I THINK IT'S THREE MINUTES, THREE MINUTES, THREE MINUTES, THREE MINUTES.

HI, MY NAME IS .

I LIVE AT 1 0 4 HORSESHOE DRIVE, AND I POSE THIS APPLICATION.

BOTH STAFF REPORTS FOR THE NIGHT'S APPLICATIONS, BUT WOULD HAVE BEEN BOTH CLEARLY DEFINED A TOURIST HOME AS QUOTE AN ESTABLISHMENT, EITHER IN A PRIVATE DWELLING OR INNER STRUCTURE ASSESSORY TO AND SUBORDINATE TO THE PRIVATE DWELLING IN WHICH TEMPORARY ACCOMMODATIONS ARE PROVIDED TO OVERNIGHT TRANSIT GUESTS FOR A FEE.

HOW DOES THIS APPLICATION OR ANY WHOLE HOUSE STR MEET THIS DEFINITION, BEING SUBORDINATE TO THE PROFIT DWELLING.

IN THIS CASE, THE OWNER WILL NOT RESIDE HERE, BUT HAS PURCHASED THE PROPERTY SOLELY FOR COMMERCIAL VENTURE COUNTY CODE FOR HOME-BASED BUSINESSES IS FAR MORE REGULATED THAN THAT FOR CURRENTLY FOR THE STRS, A HOME OCCUPATION REQUIRES OWNER TO RESIDE ON THE PROPERTY BED.

BREAKFAST OWNER OPERATOR HAS TO REQUIRE, HAS TO RESIDE ON THE PREMISES, BUT TOURIST HOMES, NOT SO MUCH, THEY CAN HAVE A RESPONSIBLE PERSON TO BE PRESENT TO MONITOR THE RENTAL HOME-BASED BUSINESSES ARE LIMITED TO 25% OR 400 SQUARE FEET OF W UH, OR WHICHEVER IS LESS YET.

WE APPROVE A WHOLE HOUSE RENTAL AND THE OWNER IS NOWHERE INSIDE THE APPLICATION DOES NOT MEET THE DEFINITION OF SUBORDINATE.

IT IS AN INVESTMENT PURCHASE AND A COMMERCIAL USE.

IT VIOLATES THE INTENT OF THE RESIDENTIAL ZONING AND COMPREHENSIVE PLAN.

PARKING IS NOT ADEQUATE.

THE APPLICANT SOLUTION TO THIS IS AN ALTERATION TO THE PROPERTY, WHICH UNDER THE GENERAL REQUIREMENTS FOR HOME OCCUPATION WOULD NOT BE ALLOWED.

THE APPLICANT IS A RESIDENT OF JAMES CITY COUNTY, WHICH DOESN'T ALLOW FOR STRS IN CERTAIN DISTRICTS AND WHERE IT IS ALLOWED.

THEY, THEY MUST RESIDE ON THE PROPERTY DURING THE RENTAL CITY OF WILLIAMSBURG DOES NOT ALLOW UNOCCUPIED RENTAL OR WHOLE-HOME RENTALS.

THE CITY OF NEWPORT NEWS RECENTLY ESTABLISHED A REQUIREMENTS FOR SHORT-TERM RENTALS TO BE THE PRIMARY RESIDENCE OF THE APPLICANT OWNER.

OUR CODE FOR HOME OCCUPATIONS REQUIRES THE OWNER OUT OF THE PROPERTY AND THAT THE OCCUPATION SHALL BE INCIDENTAL AND SUBORDINATE TO THE RESIDENTIAL USE.

WHY THEN DOES THE COUNTY NOT FEEL THE NEED TO PRESERVE THE PRIMARY USE OF THE PROPERTY ON A SHORT TERM RENTAL AND REQUIRE THE OWNER TO RESIDE IN THE PROPERTY? THIS APPLICATION DOES APPLICANT RESIDES ABOUT 10, 15 MILES AWAY.

IF SOLICITED THE COOPERATION OF THE NEXT DOOR NEIGHBOR TO MONITOR, IS THIS A CONTRACTUAL RELATIONSHIP? AND IT SHOULD.

THIS CONDITION CHANGE IS THE SUP NULLIFIED BECAUSE THE APP WE'VE HAD OTHER APPLICATIONS WHERE THE RESIDENCE, WHERE THE OWNER HAS LIVED EIGHT MILES AWAY, MR. MORGAN STATED THAT HE BELIEVES THAT MOST, THAT ALMOST EIGHT MILES DISTANCE FROM THE POINT OF CONTACT IS UNDESIRABLE.

I REQUEST THAT YOU REC THAT YOU RECOMMEND DISAPPROVAL OF THIS APPLICATION THAT VIOLATES THE SPIRIT OF THE ZONING, THE PROPERTY AND THE COMMERCIAL VENTURE, ET CETERA, ET CETERA.

TIME'S UP.

I GOT MORE, BUT MY THUMBS UP.

THANK YOU.

UM, NOW I'M GOING TO CLOSE THE PUBLIC HEARING, MAKE SURE NOBODY ELSE.

ANYBODY ELSE WANT TO SPEAK? NO QUESTIONS BY THE COMMISSION MEMBERS, ANYBODY HAVE ANY QUESTIONS? GOOD.

CAN STAFF SPEAK TO THE STATEMENTS THAT YOU JUST MADE REGARDING THE, WELL, I'M NOT SURE I UNDERSTAND THE ANALOGY TO HOME OCCUPATIONS BECAUSE THIS IS NOT A HOME OCCUPATION.

IT FALLS A SEPARATE SECTION THAT YOU WORK IN AND WE'VE DISCUSSED THESE ISSUES AT GREAT LENGTH OVER THE PAST YEARS.

AND, UH, UH, TO DATE THE COMMISSION AND BOARD HAVE, UH, NOT FELT THAT WE SHOULD HAVE AN IRONCLAD RULE THAT THE OWNER HAS TO LIVE ON THE PROPERTY OR THEN JASON PREMISES.

[00:30:01]

UH, SOME HAVE NOT.

I MENTIONED THE ON GOOSEY ROAD.

UM, UH, WE HAVE THE ONE, UH, ON PEDIMENT ROAD THAT WAS APPROVED RECENTLY IN THAT CASE, THE OWNER'S MOTHER LIVED NEXT DOOR TO THE PROPERTY WHILE HE LIVED IN NEWPORT NEWS.

I DON'T THINK IT WAS ABOUT 14 MINUTES AWAY.

UH, SO THE ORDINANCE PROVIDES FOR THIS, UH, UH, MR. HALLOWS, RIGHT, DID A COMMERCIAL VENTURE.

UH, THERE'S NOTHING IN THE ORDINANCE THAT PREVENTS THAT SORT OF THING.

UM, AND, UH, LIKE I SAID, UM, YOU KNOW, WE HAD, WE HAD SOME CONCERNS ABOUT THE APPLICATION AS WELL, BUT WE FELT THAT ON BALANCE, UH, THE POSITIVES OUTWEIGH THE NEGATIVES.

AND SO WE RECOMMENDED APPROVAL.

THANK YOU.

YEAH.

I HAVE SOME COMMENTS, BUT I'M JUST GOING TO OPEN, GETS RAISED HIS HAND FIRST DOWN THERE.

I THINK YOU DID.

HE'S DONE.

HE'S DONE.

OKAY.

WELL, I HAVE, I'LL JUST MAKE MY COMMENT THEN.

HEY, DO I, UM, THAT'S OKAY.

YOU ALREADY DID.

YEAH, I CLOSED IT.

SORRY.

NOW IT'S BACK TO THE COMMISSION FOR DISCUSSION.

OKAY.

YEAH.

I'LL JUST SAY I'M OPPOSED TO THIS LAND USE APPLICATION FOR, FOR FOUR REASONS, MAYBE FIVE REASONS.

AND IT'S ALREADY BEEN MENTIONED, AND I KNOW IT'S IN THE CODE THAT THESE THINGS ARE DONE, BUT THIS IS A WHOLE HOUSE RENTAL BY A COMMERCIAL ENTITY WITH A THIRD PARTY INVOLVED IN THIS, IN A RESIDENTIAL NEIGHBORHOOD.

I DON'T THINK IT EXPRESSES THE, THE, UH, THE GIST OF WHAT WE'VE BEEN TRYING TO DO IN THE LAST TWO, THREE YEARS.

AND IT'S A GENERAL AND THAT'S ONE NUMBER TWO, THE GENERAL LACK OF AFFORDABLE HOUSING IN THE COUNTY IS THERE ALL THIS ONLY REDUCES THAT MARKET BY ONE.

IT IS ONE LESS AFFORDABLE HOUSING.

SO I THINK THAT'S A NEGATIVE ON IT.

UH, AND THIS PARTICULAR THING IS EXACT TYPE OF TOURIST HOME, MANDY RESIDENTS OF YOUR COUNTY EXPRESS STRONG DISAGREEMENT WITH OVER THE PAST THREE YEARS, THAT IS A, A, UH, REAL ESTATE AGENCY COMING IN AND BUYING UP HOMES AND THEN TURNING THEM INTO RENTALS SHORT-TERM RENTALS.

SO THEY WERE VERY MUCH, UH, A LOT OF BUSINESS WERE AGAINST THAT, AND I AM DEFINITELY MORE IN, WELL, I'M MORE INCLINED TO IMPROVE A TOURIST HOME WHERE THE OWNER OPERATOR LIVES IN THE HOME.

UH, I I'D LIKE THAT TYPE OF THING.

IT DON'T HAVE TO BE THAT WAY.

AND WE'VE AGREED IN THIS COMMISSION THAT WE HAVE TO TAKE EACH APPLICATION BY ITSELF AND LOOK AT ALL THE CIRCUMSTANCES.

AND FINALLY, UH, IN THIS PARTICULAR SITUATION WHERE A REALTOR COMPANY OWNS THE PROPERTY, I THINK IT'S A MAJOR STEP DOWN, A SLIPPERY SLIP SOLELY, SLIGHTLY.

ANYWAY, IT'S GOING DOWN TO SLIP SLIPPERY SLOPE.

I USED TO BE ABLE TO GET THOSE WORDS OUT, UH, TO COMMERCIALIZE THEIR RESIDENTIAL NEIGHBORHOODS.

SO YOU GET ONE IN, YOU GET TWO IN AND ET CETERA.

AND BEFORE LONG, IT LOOKS LIKE VIRGINIA BEACH.

SO THOSE ARE MY FIVE REASONS MADAM CHAIR.

MY THOUGHTS ARE, UH, UM, ALTHOUGH I AGREE WITH MOST OF WHAT, UH, UM, MR. TITUS HAS SAID, I HAVE A COUPLE OTHER COMMENTS I LIKE TO ADD.

I DON'T FEEL COMFORTABLE.

THE IMPROVEMENTS WEREN'T MADE TO THE HOUSE.

UH, I CAN'T SEE WHAT IT LOOKS LIKE.

I DON'T KNOW THE FINISHED PRODUCT OR SOME CONDITIONS IN HERE.

A STAFF HAS MENTIONED LIKE ABOUT THE DRIVEWAY, UH, THAT, THAT WILL COME LATER.

UH, IT CAN'T BE, CAN'T OPERATE UNTIL THAT'S DONE.

THERE'S SOME THINGS HERE THAT HAVEN'T BEEN COMPLETED AND I'M A LITTLE LEERY OF GETTING SOMETHING APPROVED WHEN WE HAVEN'T SEEN ANY OF THE IMPROVEMENTS YET.

UM, AND IF THE APPLICANT OWNS THE HOME AND IT'S HIS, AND THEY'RE GOING TO KEEP IT, THEN I THINK IT'S JUST NOT READY FOR PRIME TIME.

WE HAVEN'T CHECKED ALL THE BOXES.

UH, WE HAVEN'T HEARD FROM ALL THE NEIGHBORS AS IT WAS POINTED OUT HERE TO SEE EVENING SEVERAL, RIGHT? IF NOT COMMENTED, UM, I'M LOOKING AT A HOUSE THAT'S TORE APART.

THE DRIVEWAY IS NOT INSUFFICIENT AT THIS TIME.

UM, AND, UH, I, I AGREE WITH A COUPLE OF OTHER THINGS THAT MR. TITUS SAYS, I JUST DON'T FEEL COMFORTABLE WITH THIS ONE.

YEP.

OKAY.

THANK YOU.

THE, UH, I WANT TO ADDRESS THE AFFORDABLE HOUSING POINT THAT YOU MAY, UM, IF NOT, UH, AN AIRBNB OR A TOURIST HOME, SOMEONE LIKE ME WOULD BUY IT UP AND JUST HAVE IT AS A RENTAL LONG-TERM RENTAL.

AND,

[00:35:01]

YES, FIRST WE RECOGNIZE THAT YOU ARE CONVERTING A VACANT, DILAPIDATED HOME FOR LACK OF A BETTER TERM INTO A VIABLE PROPERTY, OBVIOUSLY THAT WILL IMPACT POSITIVELY IN THE NEIGHBORHOOD.

UH, AND THE ORDINANCE DOES PROVIDE A TECHNIC TECHNICALLY FOR THIS APPLICATION.

UH, BUT I'M, I'M KINDA COUNTERED TO THE, UM, UH, IMPACTING AFFORDABLE HOUSING.

I I'M CONCERNED THAT THIS WOULD SET A PRECEDENT THAT GOING FORWARD WOULD PUT MORE HOMES IN THAT CATEGORY, IN AN AFFORDABLE HOUSING ENVIRONMENT AND TO RENTALS INSTEAD OF STILL BEING IN A, UH, AFFORDABLE HOUSING OPPORTUNITY.

SO I'M CONCERNED WITH THAT.

I AGREE WITH MOST OF THE COMMENTS HERE AND I'LL HAVE A DIFFICULT TIME SUPPORTING NOT I'M SURE THE COMMENTS MADE ALREADY, CERTAINLY BY MR. TITUS AND MR. KING, UH, SUMMARIZE, UM, MY THOUGHTS ON THIS RENTAL, UM, I WOULD HAVE LIKED TO HAVE SEEN THE APP, THE APPLICANT'S NEIGHBOR, UH, AT THIS MEETING, I WOULD WANT TO HEAR FROM THAT NEIGHBOR, UH, THAT HE PLANS TO BE THERE, THAT HE, UH, HAS AN AGREEMENT WITH THE OWNER.

WE'RE NOT SEEING THAT, UH, AND CERTAINLY NOT PRESENT, UH, TO ASK QUESTIONS.

UM, AND, AND FURTHER TO THAT, UM, I WOULD WANT SOMETHING IN THE RESOLUTION THAT CONTROLLED THE, UH, THE, UH, SUP UH, IF THAT NEIGHBOR CHOSE TO MOVE.

AND I DON'T SEE THAT BASED ON THAT I HAVE, UH, OPPOSITION TO THE, UH, TO THE PLAN, ANYONE ELSE? OKAY.

UM, THEN WE'LL CALL FOR A MOTION.

MADAM CHAIRMAN, I MOVE THAT PC 22 DASH 20 BEFORE TO THE BOARD OF SUPERVISORS WITH RECOMMENDATION OF APPROVAL.

THANK YOU.

AND THEN I'LL DO THE ROLL CALL, MR. NOPE.

YOU DO THAT.

ASK YOU ANSWER HOW MUCH FUN IS THE MOTION BY MR. TITUS IS TO ADOPT PC 22 DASH 23 RECOMMEND APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME, AN EXISTING SINGLE FAMILY DWELLING LOCATED AT 1 0 4 BEDOUIN DRIVE.

UM, MR. KING, NO, MR. CRINER.

NO, MR. SMITH.

NO, MR. TITUS, NO MISLEAD HIM.

NO, THE MOTION FAILS.

OH, MR. HALL, THE MOTION FAILS.

NO.

YEAH.

SO NOW WE MOVE ON TO THE NEXT PUBLIC HEARING IN THE CASE, AND WE'RE GOING TO DO THE, I DON'T HAVE ANYTHING NOW.

I GAVE YOU MY AGENDA.

OKAY.

WAIT, THERE'S AN AGENDA HERE SOMEWHERE.

WE'RE GOING TO OPEN THE DISCUSSION.

WELL, GO AHEAD AND BRING IT INTO THE PRESENTATION.

OH, SO YOU'RE GOING TO MAKE, OKAY.

I'M READY.

HEY, UH, THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME IN A FOUR BEDROOM, SINGLE FAMILY DETACHED DWELLING LOCATED AT 1 0 6 SHIRLEY ROAD.

THE APPLICANT IS NOT ABLE TO BE HERE TONIGHT AND HAS REQUESTED THAT YOU TABLE HIS APPLICATION TO BE HEARD AT THE MEETING ON AUGUST 10TH.

UH THAT'S I PREPARED A BRIEF OVERVIEW FOR YOU TONIGHT, UM, AND I'LL HAVE A MORE DETAILED PRESENTATION FOR YOU AT THE AUGUST MEETING.

THE 0.3 ACRE PROPERTY IS LOCATED IN THE SEAFORD AREA NEAR MILLS MARINA.

THE SUBJECT PARCEL IS ZONED RR FOR RURAL RESIDENTIAL.

THE SURROUNDING PARCELS ARE ZONED R R AND WCI

[00:40:01]

THE APPLICANT CURRENTLY RESIDES AT 1 25 SHIRLEY ROAD, UH, JUST 453 FEET OR A TWO MINUTE WALK FROM THE SUBJECT PROPERTY.

AND THAT'S ALL I HAVE FOR YOU TONIGHT.

UH, I CAN ANSWER QUESTIONS NOW, BUT THE APPLICANT AND I WILL BOTH BE AVAILABLE TO ANSWER YOUR QUESTIONS NEXT MONTH AS WELL.

THANK YOU.

SO I UNDERSTAND THIS IS THERE'S NO PROP THERE'S NO HOME THERE YET.

THERE IS, UM, THERE WAS A HOME AT 1 25 AND THEY ACTUALLY MOVED THE HOUSE TO 1 0 6 AND LIFTED IT UP.

UM, AND THEY'RE LIVING IN THE ACCESSORY DWELLING AT 1 25 WHILE THEY BUILD A NEW HOME THERE.

GOTCHA.

OKAY.

THANK YOU FOR THAT CLARITY, MR. HARBAN SHOWS, UH, SEVERAL PROPERTIES ON THE TAX ROLLS OF JCC IN YORK COUNTY AND WILLIAMSBURG, UM, MORE THAN 20.

SO DO WE HAVE EVIDENCE THAT HE LIVES ON A 1 25 SHERMAN? NO.

OKAY.

NOT STANDARD FOR US TO COLLECT THAT.

THAT'S HIS ADDRESS? WELL, HIS ADDRESS OF RECORD IN OUR, IN OUR SYSTEM IS ACTUALLY IN WILLIAMSBURG.

THAT'S.

I MEAN, THAT'S THE ADDRESS THAT WE HAVE IN OUR RECORDS, BUT HE DOES.

I MEAN, HE'S BUILDING A HOUSE ON SHIRLEY ROAD, RIGHT.

WHERE HE PLANS TO.

YEAH.

HE ALSO HAS AN ADDRESS OF RECORD IN JCC.

THAT'S WHAT I'M SAYING.

THAT'S THE ADDRESS.

OKAY.

I DON'T HAVE ANY QUESTIONS.

NO COURSE, NO QUESTIONS, NO QUESTIONS.

HAVE YOU RECEIVED ANY CITIZEN COMMENTS YET? NO, SIR.

NO.

SO IF YOU DECIDE TO TABLE THE APPLICATION, YOU'LL NEED A MOTION TO CONTINUE THE PUBLIC HEARING TO WHENEVER YOU WANT TO HAVE THAT PUBLIC HEARING.

OKAY.

LIKE TO MAKE A MOTION, MADAM CHAIRMAN TO TABLE THIS, UH, APPLICATION TO THE PUBLIC HEARING AND KEEP THE PUBLIC HEARING OPEN, JUST CONTINUE THE PUBLIC, CONTINUE TO COVER PUBLIC HEARING UNTIL THE NEXT MEETING.

IF WE CHOOSE TO HAVE OUR AUGUST MEETING, WELL, YOU HAVE TO, YOU HAVE TO IDENTIFY, UH, INCLUDE THE DATE IN THE MOTION SEPTEMBER.

I DON'T KNOW.

I DON'T HAVE A DATE.

MR. CROSS AUGUST.

WHAT'S THE NICKNAME.

DO WE HAVE ANYTHING OF OUR APPLICATIONS IN AN AUGUST? NO OTHER APPLICATIONS FOR AUGUST.

SO IT WOULD BE AUGUST.

THE NEXT MEETING, IF WE HAVE ONE WOULD BE AUGUST 10TH AND THEN IN SEPTEMBER, IT WOULD BE THE 14TH.

I'M RECOMMENDING SEPTEMBER 14TH WHEN WE HAVE OUR NEXT REGULAR MEETING, SINCE WE HAVE NO APPLICATIONS.

SO MOTION TO TABLE, THE APPLICATION CONTINUED THE PUBLIC HEARING AND TO OUR SEPTEMBER 14TH MEETING, I THINK ACTUALLY, UH, 13, UH, MADAM CHAIR, YOU NEED TO OPEN THE PUBLIC.

I DON'T THINK YOU'VE EVER OPENED THE PUBLIC HEARING, SO WE NEED TO DO THAT.

OKAY.

UM, SO WE'RE GOING TO OPEN THE PUBLIC HEARING AND ASK IF ANYBODY WANTS TO SPEAK TO SPEAK.

UM, OKAY.

SO WE HAVE NO PRESENTATION.

OKAY.

SO THERE'S A MOTION ON THE FLOOR, UH, FROM MR. KING.

AND I'LL CLARIFY A PUBLIC HEARING TO SEPTEMBER 14TH, CORRECT.

AND TO CONTINUE TO PUBLIC HEARING AT A TABLE, THE APPLICATION FOR THE, FOR THIS EVENING, SECOND, WE DON'T LOSE THAT.

JUST CONTINUE TO, WE CONTINUE TO CONTINUE TO THE SEPTEMBER 14TH MEETING AND THEN ALL STAFF COMMISSION MEMBERS.

UM, SO THERE'S A MOTION, SO WE HAVE TO VOTE AGAIN.

OKAY.

THAT'S YOUR JOB? THE MOTION BY MR. KING IS TO CONTINUE THE PUBLIC HEARING FOR PC 22 DASH 21.

UH, MR. KING.

YES.

MR. CRINER.

YES.

MR. SMITH.

YES.

UM, MISLEAD HIM.

YES.

MR. HOLROYD.

YES.

MR. TITUS? YES.

THE MOTION PASSES.

HEY, IT'S BUSINESS OR BUSINESS? HERE'S MINE.

OKAY.

SO IS THERE ANY, UM, OH, THERE WE GO.

OH, ALL RIGHT.

HOLD ON ONE SECOND.

ALL RIGHT.

SO IS THERE ANY OLD BUSINESS THAT WE NEED TO DISCUSS? OKAY.

NO NEW BUSINESS.

[9. New Business]

OH, YOU HAD SOMETHING TO SAY.

I'M SORRY.

GO AHEAD.

I HAVE ONE ITEM UNDER NEW BUSINESS.

YES, SIR.

ONE ITEM UNDER NEW BUSINESS.

THERE'S BEEN A SERIES OF NOTES ON A

[00:45:01]

AND ONE OF THE, UM, ONE OF THE OBSERVATIONS MADE OF THE MORTON SITE WAS THAT THE NOISE LEVEL WAS QUITE AN EXCESSIVE 65 DECIBELS.

UM, I UNDERSTAND THAT STAFF HAVE ACTUALLY MEASURED IT IN THE LOW NINETIES.

UM, I HAD A LETTER PASSED ONTO ME BY A CITIZEN, UH, UH, THAT, UH, WAS GENERATED OR CAME FROM MR. BARNETT, UH, INDICATING THAT WE WOULD NOT TAKE ACTION ON THE DECIBEL LEVEL.

STAFF HAD CONSIDERED THAT THE CODE SECTION SHOULD POSSIBLY BE AMENDED TO BE MORE APPLICABLE THAN JUST TO INDUSTRIAL ZONES FOR HIGH NOISE AREA.

JUST RAISE THE QUESTION OF, UM, WHY WE WOULDN'T PROCEED WITH A, UH, WITH THE, UM, I NOTICE AGAINST, UH, THE TIDAL WAVE, UH, CARWASH, UM, IN, UH, IN THAT THEY ARE VIOLATING THE CURRENT CODE.

AND I GUESS I'D LIKE TO MR. HILL TO, UH, COMMENT ON THAT.

UH, WELL, AS AN ADDITIONAL MATTER, I DO NOT, OUR OFFICE DOES NOT ISSUE CITATIONS.

SO, UM, I DON'T THAT THAT'S NOT SOMETHING THAT WE DO.

HOWEVER, THE ISSUE IN THIS PARTICULAR CASE IS THAT THE TIDAL WAVE AUTOS, UH, IS, IS AN APPROVED USE.

IT'S AN APPROVED PROPERTY THAT WENT THROUGH THE, UH, APPROVAL PROCESS IN THIS COMMITTEE, UH, IN THIS BOARD.

AND THEN, UM, ALSO BY THE PLANNING, UH, BY THE BOARD OF SUPERVISORS AND THEY'RE OPERATING, UH, UP IN, UH, LIGHTFOOT AREA OFF OF MORE TOWN ROAD, THEY'RE THERE, IT WAS BROUGHT TO THE ATTENTION OF THE COUNTY, AS I UNDERSTAND IT, THAT THERE WAS A CONCERN BY CITIZENS THAT THE NOISE LEVEL WAS, UH, IN EXCESS OF WHAT IS OTHERWISE ALLOWED BY THE COUNTY CODE, THE RELEVANT SECTIONS OF THE COUNTY CODE.

THERE'S A COUPLE OF DIFFERENT SECTIONS THAT GOVERN NOISE, BUT THE ONE IN PARTICULAR, IN THIS INSTANCE IS 16 DASH 19, WHICH GOVERNS THE LEVEL OF NOISES THAT CAN EMANATE FROM CERTAIN TYPES OF USES.

AND AS MR. BARNETT POINTED OUT, THERE ARE A NUMBER OF EXCEPTIONS TO THAT.

A COUPLE OF THE EXCEPTIONS ARE THAT IF YOU HAVE, UM, IF YOU ARE A CERTAIN TYPES OF USES AND YOU ARE EQUIPMENT THAT'S PROPER EQUIPMENT PROPERLY MANUFACTURED, PROPERLY MAINTAINED THAT THAT WOULD BE AN EXCEPTION, BUT THAT DOES NOT NECESSARILY APPLY TO THE TIDAL WAVE SITUATION BECAUSE IT DOESN'T FALL WITHIN THE COUPLE OF ZONES.

SO COUNTY STAFF HAS LOOKED AT THIS ISSUE AND IS, AND IS HAVING DISCUSSIONS ABOUT WHETHER OR NOT TO MAKE RECOMMENDATIONS FOR CHANGES TO THE NOISE ORDINANCE THAT MAY OR MAY NOT, UM, PARTICULARLY REMEDY THIS SITUATION.

I WOULD KNOW THAT ONE OF THE CITIZENS WHO BROUGHT THIS TO OUR ATTENTION ALSO, UM, INDICATED, UM, IN A, IN A, IN AN EMAIL, THAT'S NOT PART OF THE EMAIL CHAIN THAT YOU'RE REFERRING TO, THAT THEY WERE NOT LOOKING FOR A CITATION TO BE ISSUED, BUT WE'RE WHAT WE'RE LOOKING FOR MITIGATION AND OTHER VEGETATION ISSUES AT TIDAL WAVE, WHICH IS AN ISSUE THAT, THAT THE TIDAL WAVE COULD POTENTIALLY ADDRESS.

BUT, UM, FROM OUR STANDPOINT, UH, IN THE COUNTY ATTORNEY'S OFFICE, WE, UM, WE HAVE LOOKED AT, AND WE ARE DISCUSSING WITH THE COUNTY STAFF, WHAT THE CODE PROVIDES, WHAT POTENTIAL CHANGES COULD BE MADE.

UH, IF THERE WERE CHANGES TO THE CODE, THOSE WOULD BE PROPOSED TO THE, UM, BOARD OF SUPERVISORS AND WOULD BE SUBJECT TO PUBLIC HEARING AND NOTICE AND COMMENTS OF THAT SORT.

BUT WE, IT'S NOT, THIS IS NOT THE ONLY SCENARIO WHERE A INDIVID, WHERE WE WOULD NOT PROCEED OR COUNTY STAFF WOULD OPT NOT TO PROCEED.

AND, UH, IN A CITATION AGAINST SOMEBODY WHO HAS AN ACTIVE, A POTENTIAL VIOLATION, IT HAPPENS IN OTHER CONTEXTS AS WELL.

IF SOMEBODY COMES TO SEE GAY, SPECIAL USE PERMIT, OR, OR NOT NECESSARILY A SPECIAL USE PERMIT, UH, BUT AN EXCEPTION OR A VARIANCE OR SOMETHING OF THAT SORT FOR A USE THAT WOULD NOT BE PERMITTED, UM, OFF, THEY USUALLY DON'T TAKE ENFORCEMENT ACTION AGAINST THEM.

WHY THE, WHILE THOSE TYPES OF, OF, UM, DISCUSSIONS AND PROCEEDINGS ARE PENDING.

AND SO IN THIS PARTICULAR CONTEXT WITH DISCUSSIONS GOING ON ABOUT THE NOISE APPLICATION ABOUT THE NOISE ORDINANCE IN GENERAL, AS WELL AS, UM, YOU KNOW, DISCUSSIONS THAT I, I, I HAVE BEEN ADVISED TO HAVE, HAVE ALSO, UM, BEEN HAD WITH, UM, UM, TIDAL WAVE, NO, THERE'S BEEN THERE'S DECISIONS BEEN MADE BY, BY THE COUNTY NOT TO TAKE ANY IMMEDIATE ACTION.

MAYBE IF ACTION WERE TAKEN, IT WOULD BE A CITATION AND

[00:50:01]

SO, I MEAN, THAT WOULD BE THE EXTENT OF WHAT WOULD POTENTIALLY OCCUR AS THEY WOULD BE CITED.

IT WOULD BE, THEY WOULD GO TO COURT, THEY WOULD HAVE A FINE, AND THEN THEY WOULD, THEY COULD POTENTIALLY BE CONTINUALLY CITED.

AND, UM, AT THIS POINT WITH DISCUSSIONS BEING HAD ABOUT HOW THIS CAN BE DEALT WITH THAT'S, THAT'S HOW, THAT'S HOW THE COUNTY AT THIS POINT IS HANDLING THE MATTER.

THANK YOU FOR THE CLARIFICATION QUESTION,

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

WELL, THEY ALSO APPROVED AN EXPANSION OF THE TAB.

WAL-MART, IT'S NOT SOMETHING THAT CAME BEFORE YOU, BECAUSE IT WAS A, UH, WELL, BECAUSE OF THE EXPANSION WAS LESS THAN 25%.

IF IT HAD BEEN GREATER THAN 25%, IT WOULD HAVE COME TO THE COMMISSION.

BUT SINCE IT WASN'T, IT WENT STRAIGHT TO THE BOARD OF SUPERVISORS.

SO IF YOU SEE THEM DOING SOME WORK OUT THERE, WELL AT A TAB WALMART, AND WONDER WHY IT DIDN'T COME BEFORE YOU, THAT'S THE REASON I'M COMING UP NEXT WEEK ON THEIR AGENDA.

THEY HAVE TWO MORE TOURIST HOMES, ONE ON, UH, UH, OAK TREE ROAD AND THE OTHER, UH, HERE IN THE VILLAGE ON AMBLER STREET.

UH, AND, UH, AS WE'VE DISCUSSED, YOU DON'T HAVE ANYTHING ON YOUR AUGUST AGENDA.