Dec 14, 2022 Planning Commission

I PLEDGE THE UNITED STATES OF AMERICA TO THE REPUBLIC ON YOUR INVISIBLE LIBERTY.

UM, I CALLED THIS ORDER, I THINK, AND I'M GONNA READ YOU THE CODE OF VIRGINIA.

I THINK LAST TIME I FORGOT.

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

THE PURPOSE OF WHICH IS TO ADVISE THE BOARD OF SUPERVISORS ON LAND USE AND PLANNING ISSUES AFFECTING THE COUNTY RESPONSIBILITIES IS EXERCISE THROUGH RECOMMENDATIONS CONVEYED BY RESOLUTIONS OR OTHER OFFICIAL MEANS, AND ALL MATTERS OF PUBLIC RECORD.

THE COMMISSION IS COMPROMISED OF CITIZEN VOLUNTEERS APPOINTED BY THE BOARD REPRESENTING EACH VOTING DISTRICT, AND TWO AT LARGE MEMBERS.

IF ANYBODY WANTS TO APPROVE THE MEETINGS FROM LAST, ISN'T THAT WHERE WE ARE? APPROVAL DELETIONS, ADDITIONS TO THE MINUTES.

NOW WE'RE GONNA CALL FOR THE ROLL CALL.

MS. GLORIA.

MR. HOLROYD.

WHAT WAS THE OTHER ONE? HERE, MR. TITUS? HERE.

SO WE'LL HAVE, UM, THE CHAIR,

[4. Approve Minutes – November 9, 2022]

DOESN'T SOMEBODY HAVE TO VOLUNTEER FOR THAT? SOMEBODY HAS TO MAKE A MOTION.

SOMEBODY MAKE A MOTION.

MADAM CHAIR WILL MAKE A MOTION.

WE APPROVE THE MINUTES OF THE REGULAR MEETING OF THE NOVEMBER 9TH MEETING.

UM, SO WE'RE GOING TO MOVE ON TO THE CITIZEN COMMENT.

THE MOTION BY MR. TITUS IS TO ADOPT THE DEFENSE OF THE REGULAR MEETING ON NOVEMBER 9TH, 2022.

MR. HOREY, EPSTEIN MI.

[5. Citizen Comments]

HAS ANYBODY THAT WANTS TO SPEAK FILLED OUT A FORM? SHOULD, SHOULD I LET THEM COME DO THAT? YES.

WELL JUST ASK IF THERE'S ANYBODY WHO WANTS TO SPEAK TO A MATTER THAT'S NOT ON THE AGENDA TONIGHT AND LET THEM GO FIRST.

THEY MIGHT NOT HAVE SIGNED THIS.

THEY MIGHT NOT HAVE FILLED OUT.

IF YOU HAVEN'T SIGNED AND YOU'D LIKE TO SPEAK, WOULD YOU LIKE TO, TO START? IT'S NOT ON, WAIT A MINUTE.

I'VE CONFUSED SOMEBODY HERE MYSELF, MAYBE.

NO.

IS THERE ANYONE OUT THERE THAT, LIKE, ON ANY SUBJECT? I GOTCHA.

IS THERE ANYONE OUT THERE THAT WOULD LIKE TO SPEAK ON ANY SUBJECT THAT'S NOT ON OUR AGENDA TONIGHT? NO.

NOW WE'RE GOING TO GO TO THE PUBLIC HEARING AND THE STAFF WILL MAKE A PRESENTATION FIRST.

[Application No. ZT-194-22, York County Planning Commission: Consider amendments to Section 24.1-409 of the York County Zoning Ordinance, Standards for Short-Term Rentals (Boarding Houses, Tourist Home and Bed and Breakfast Establishments). The proposed amendments would require the owner/operators of short-term rentals (STRs) to maintain guest logs; authorize the Board of Supervisors to limit the number of rental nights per year when approving an STR; clarify that tourist home owner/proprietors must reside either in the home or in an adjacent premises while rentals are taking place but authorizing the Board of Supervisors, in approving an application for a tourist home, to waive this requirement when certain requirements are met and the owner/proprietor designates a responsible party to promptly resolve problems that arise while rentals are taking place; revise the criteria for evaluating proposed STRs to include proposed provisions for monitoring the operation of the STR as well as the number, percentage, and/or density of legal STRs in the same subdivision or general area, their proximity to the proposed STR, and the cumulative impact of STRs on the surrounding area; require exterior cooking appliances used by guests to have a fuel source of either propane or natural gas; and stipulate that Special Use Permits and YVA approvals for tourist homes run with the property owner and not with the land.]

IS THAT WHERE WE ARE? PORT HIM.

I KNOW.

I WORRY HIM TO DEATH.

NON-INTENSIVE, UH, PROPOSAL.

GOOD EVENING, MADAM CHAIR.

MEMBERS OF THE COMMISSION.

UH, THE APPLICATION BEFORE TONIGHT IS A SERIES OF ZONING ORDINANCE, TEXT AMENDMENTS FOR SHORT-TERM RENTAL HOMES.

UH, FOR THE LAST, UH, FOUR YEARS OR SO, DISCUSSION OF SHORT-TERM RENTALS HAS SUCKED UP MUCH OF THE OXYGEN IN THE ROOM.

UH, WE'VE HAD NUMBER OF MEETINGS AND DISCUSSIONS, UH, ON THIS TOPIC GOING BACK TO AUGUST OF 2019, WHEN THE COMMISSION HAD ITS FIRST WORK SESSION, UH, ON THE ISSUE THAT LED ULTIMATELY TO A SERIES OF ZONING ORDINANCE, TEXT AMENDMENTS, UH, THAT WERE PRESENTED TO THE COMMISSION BACK IN FEBRUARY OF 2020.

AND, UM, UH, WE HAD A PUBLIC HEARING AND THEN, UH, THOSE AMENDMENTS WERE ADOPTED BY THE BOARD OF SUPERVISORS.

A FEW MONTHS AFTER THAT, UH, THE ISSUE KIND OF, UH, CAME BACK TO THE FOREFRONT.

THERE WAS A, UH, AN APPLICATION FOR A, UH, TOURIST HOME SPECIAL YOUTH PERMIT THAT, UH, GENERATED A LOT OF CITIZEN OPPOSITION.

UH, ALTHOUGH IT WAS A PRETTY

[00:05:01]

AND, UH, THAT APPLICATION WAS ULTIMATELY DENIED BY THE BOARD OF SUPERVISORS.

UH, BUT IN THE AFTERMATH OF THAT EPISODE, UH, SOME OF THE, UH, CITIZENS WHO WERE INVOLVED IN THAT EFFORT, UH, APPROACHED THE COUNTY AND, UH, TO TALK ABOUT, UH, POSSIBLE AMENDMENTS TO THE ZONING ORDINANCE, UH, FOR SHORT TERM RENTALS.

UH, A COUPLE OF 'EM ARE, ARE HERE IN THE ROOM WITH US TONIGHT, AS A MATTER OF FACT.

UH, AND SO THERE WERE, UH, SOME MEETINGS WITH, UH, THE COUNTY ADMINISTRATOR AND MYSELF AND, UH, THIS, UH, GROUP OF, OF, UH, COUNTY CITIZENS TO TALK ABOUT, UH, THEIR PROPOSALS FOR CHANGES TO THE ORDINANCE.

AND, UH, AFTER ABOUT THREE MEETINGS, UH, WE DECIDED IT'D BE A GOOD IDEA TO BRING THE PLANNING COMMISSION INTO THIS DISCUSSION.

AND AS YOU MAY RECALL, BACK IN JULY OF 2021, WE HAD A WORK SESSION DOWN AT THE TAB LIBRARY, UH, WHERE WE HAD, UH, WHAT I THOUGHT WAS A GOOD DIALOGUE, UH, WITH THE, UH, BETWEEN AMONG THE PLANNING COMMISSIONERS, THE, AND THE, UH, CITIZENS GROUP.

AND WE ALSO INVITED THE STR R UH, SHORT TERM RENTAL, UH, OWNERS, UH, TO COME AND GIVE THEIR PERSPECTIVE.

AND THEN, AS A FOLLOW UP TO THAT DISCUSSION, UH, WE HAD A MEETING IN AUGUST WHERE YOU ALL GOT TO TALK ABOUT, UH, WHAT CAME OUT OF THAT WORK SESSION AND GIVE THE GA UH, STAFF SOME GUIDANCE AS FAR AS WHAT KINDS OF AMENDMENTS, UH, YOU WERE IN, YOU SUPPORTED, AND WHAT YOU, UH, WERE NOT INTERESTED IN, IN, IN SAYING.

SO WE CAME BACK, UH, ALMOST EXACTLY A YEAR AGO.

AND, UH, WE, UH, TRIED TO TAKE, UH, YOUR GUIDANCE AND PUT IT INTO ORDINANCE LANGUAGE TO, UH, TRY TO CODIFY, UH, THE GUIDANCE THAT YOU HAD GIVEN US.

AND, UM, UH, THOSE, UH, THAT ORDINANCE, THAT LANGUAGE WAS ENDORSED BY THE MAJORITY, NOT ALL, BUT THE MAJORITY OF PLANNING COMMISSIONERS.

AND SO WE TOOK THAT AS OUR SIGN TO GO FORWARD.

UH, SO HERE WE ARE TONIGHT.

JUST A FEW, UH, LITTLE BACKGROUND ON, UH, SHORT-TERM RENTALS.

WE'RE TALKING HERE ABOUT TOURIST HOMES AND BED AND BREAKFAST.

UH, 29 HAVE BEEN APPROVED GOING BACK TO 1995.

THAT'S TOURIST HOMES AND BED AND BREAKFAST.

UH, SOME OF THEM HAVE GONE OUTTA BUSINESS OVER THE YEARS.

UH, SOME OF THEM NEVER EVEN GOT STARTED.

UH, SOME OF THEM WERE RECENTLY APPROVED AND, UH, HAVEN'T GOTTEN STARTED YET.

SO CURRENTLY, AS OF TODAY, WE HAVE 18 ACTIVE, UH, SHORT-TERM RENTALS THAT ARE IN OPERATION.

AND ONE MORE IMPORTANT NUMBER, I THINK, IS THAT WE'VE HAD ZERO PROBLEMS, ZONING VIOLATIONS, CITIZEN COMPLAINTS ABOUT ANY OF THE, UH, STR LEGALLY ESTABLISHED STR IN THE COUNTY.

SO THERE'S REALLY NOTHING NEW BEFORE YOU TONIGHT.

UH, WELL, THERE ARE A COUPLE THINGS MAYBE, BUT, UH, MOST OF WHAT YOU, WHAT'S BEING PROPOSED FOR YOU TONIGHT IS BASICALLY WHAT YOU TOLD IT'S LAST DECEMBER THAT YOU WANTED TO SEE.

UH, SO I'LL JUST RUN THROUGH THOSE BRIEFLY.

THE MOST IMPORTANT ONE, THE MOST SUBSTANTIVE CHANGE, UH, IS TO, UH, AMEND THE ORDINANCE TO SAY THAT, UH, UNLIKE ALL OTHER SPECIAL USE PERMITS, UH, SHORT TERM RENTAL APPROVALS AUTOMATICALLY EXPIRE WHEN THE PROPERTY IS TRANSFERRED.

IN OTHER WORDS, IT RUNS NOT WITH THE LAND, BUT WITH THE PROPERTY OWNER.

THAT'S SOMETHING THAT YOU ALL CAN CONSIDER.

, UH, WE TWEAK THE LANGUAGE TO SPECIFY THAT ONSITE RESIDENCY IS PREFERRED, BUT NOT REQUIRED.

UH, AS LONG AS THE APPLICANTS CAN ADEQUATELY DEMONSTRATE THEY HAVE SATISFACTORY PROVISIONS TO MONITOR GUEST BEHAVIOR.

YOU PROBABLY RECALL WE HAD A LOT OF DISCUSSION BACK AND FORTH ABOUT THAT ISSUE, WHETHER WE WANTED TO REQUIRE ONSITE THE OWNER TO BE ONSITE OR AN ADJACENT PREMISES.

AND, UH, ULTIMATELY, UH, THIS IS WHAT YOU ALL, UH, UH, ENDORSED.

UH, WE HAVE A ADDITIONAL REQUIREMENT THAT SDR OWNERS BE REQUIRED TO MAINTAIN A GUEST LOG BOOK.

UH, THAT WAS SOMETHING THAT DID COME FROM THE, UH, CITIZENS GROUP, AND IT IS SOMETHING THAT A LOT OF OTHER LOCALITIES DO, AND IT MAKES A LOT OF SENSE.

UH, ONE THING IS, AS, UH, MR. HILL POINTED OUT TO US, WE CANNOT REQUIRE THEM TO MAKE THAT, UH, AVAILABLE TO THE, UH, ZONING AND CODE ENFORCEMENT STAFF ON REQUEST.

YOU MAY RECALL THAT'S HOW WE HAD ORIGINALLY DRAFTED IT, BUT IT TURNS OUT THAT, UH, WE CAN'T DO THAT.

SO WE TOOK THAT PART OUT.

UH, WE TALKED A LOT, UH, IN JULY, DECEMBER AND AUGUST ABOUT, UH, THIS ISSUE OF DENSITY, THE NUMBER OF, UH, STR IN A GIVEN NEIGHBORHOOD SUBDIVISION AREA, HOWEVER YOU DEFINE IT.

AND YOU ALL TOLD US THAT YOU, UH, DIDN'T WANT TO SEE SOME ARBITRARY NUMBER, UH, THAT YOU THOUGHT WE SHOULD ADD IT AS A CONSIDERATION, AN EVALUATION CRITERION, UH, YOU KNOW, IF THERE ARE OTHER STR UH, IN THE IMMEDIATE PROXIMITY, UH,

[00:10:01]

SO THAT, THAT'S THE LANGUAGE WE INCLUDED IN THE ORDINANCE.

UH, WE TALKED ABOUT WHETHER OR NOT THERE SHOULD BE A LIMIT ON THE NUMBER OF RENTAL NIGHTS A YEAR.

AND AGAIN, UH, YOU ALL TOLD US THAT YOU DID NOT WANT TO SEE A, UH, HARD, UH, LIMIT THAT IT SHOULD BE CASE BY CASE.

AND, UH, SO WE WROTE IT TO SAY THAT, UH, THERE IS NO SET LIMIT, UH, BUT THE BOARD CAN ESTABLISH ONE IF THEY WANT, IF THEY FEEL A REASON TO WHEN THEY'RE APPROVING, UH, AN STR R APPLICATION.

UH, THE LAST ONE ON THE SLIDE HERE HAS AN ASTERISK CUZ IT ACTUALLY IS NEW.

UH, WE ARE PROPOSING THAT WE TAKE OUT THE LANGUAGE THAT SAYS THAT THE OWNER OF B AND B, UH, HAS TO BE THE ONSITE OPERATOR PROVIDER.

UH, OUR FEELING AFTER LOOKING AT THE ORDINANCE IS THAT, UH, AS LONG AS THE ON THE MANAGER OR THE PROPRIETOR, NOT THE, THE OPERATOR OR THE MANAGER IS, IS EITHER ONSITE OR AN ADJACENT, UH, AS THE ORDINANCE REQUIRES, THEN IT SHOULDN'T MATTER WHETHER HE OR SHE IS THE ACTUAL OWNER.

UH, AND AS AN EXAMPLE, I'LL MENTION THE, UH, UH, HORNSBY HOUSE, BED AND BREAKFAST RIGHT HERE IN THE VILLAGE, UH, WHICH IS OPERATED SUCCESSFULLY WITHOUT INCIDENT, UM, SINCE I THINK IT'S 2011, UH, WITHOUT THE OWNER ACTUALLY, UH, RESIDING ON THE PREMISES.

HERE IS, UH, ONE MORE, UH, THAT IS ONE MORE PERFORMANCE STANDARD THAT IS NEW, WELL, SORT OF NEW, UH, HAS TO DO WITH EXTERIOR COOKING APPLIANCES.

UH, THEY MUST HAVE A FUEL SOURCE OF EITHER PROPANE OR NATURAL GAS.

AND, UH, USE OF CHARCOAL IS PROHIBITED.

THIS IS SOMETHING THAT WE HAVE BEEN, UH, INCLUDING AS A CONDITION WITH EVERY SPECIAL USE PERMIT AND Y V A APPROVAL FOR TOURIST HOMES, UH, FOR THE PAST SEVERAL MONTHS.

IT COMES FROM OUR DEPARTMENT OF FIRE AND LIFE SAFETY.

AND WE THOUGHT, WELL, IF WE'RE GONNA MAKE THIS A CONDITION OF, OF EVERY USE PERMIT, WE MIGHT AS WELL JUST WRITE IT INTO THE CODE.

SO IT BECOMES A STANDARD CONDITION, JUST LIKE THE OTHER CONDITIONS THAT ARE IN, THAT ARE IN THE PERFORMANCE STANDARDS THAT ADDRESS, UH, FIRE AND LIFE SAFETY, UH, SUCH AS HAVING TO HAVE AN EMERGENCY ACCESS OR ACTION PLAN AND, UH, HAVING, UH, UH, UH, ANNUAL INSPECTIONS AND, AND FIRE EXTINGUISHERS, SMOKE DETECTORS, THINGS LIKE THAT.

SO WE FIGURED JUST WRITE IT INTO THE CODE.

UH, DO WANT TO NOTE, CUZ THE QUESTIONS COME UP, UH, THAT, UH, NOTHING THAT YOU ALL OR THAT THE BOARD OF SUPERVISORS ADOPT, UH, FROM HERE ON OUT WITH REGARD TO SHORT-TERM RENTALS, IT'S GOING TO AFFECT, UH, ANY EXISTING LEGALLY EXISTING, LEGALLY ESTABLISHED, UH, SHORT-TERM RENTALS.

UH, THEY ARE GRANDFATHERED AND, UH, WOULD NOT BE SUBJECT TO, UH, CHANGES TO THE ZONING ORDINANCE.

SO THIS WOULD JUST APPLY TO, UH, NEW, UH, TOURIST HOMES, BED AND BREAKFAST, UH, AFTER, UH, THESE AMENDMENTS OR SOME FORM OF THESE AMENDMENTS ARE ADOPTED BY THE BOARD OF SUPERVISORS.

UH, SO AS I SAID, UH, WE BELIEVE THE PROPOSED AMENDMENTS REFLECT, UH, THE GUIDANCE THAT YOU ALL GAVE US, UH, LAST YEAR.

AND, UH, UH, I GUESS THE MOST IMPORTANT ONE THING TO REITERATE IS THAT WE'RE NOT PROPOSING TO CHANGE THE REQUIREMENT, UM, THAT, UH, IN ALL RESIDENTIAL ZONING DISTRICTS, UH, YOU HAVE TO GET APPROVAL FROM THE BOARD OF SUPERVISORS.

WE'RE, UH, THE, THE, UH, TAURUS HOMES BED AND BREAKFAST WOULD STILL BE REQUIRED TO GET A SPECIAL USE PERMIT IN ALL RESIDENTIAL ZONING DISTRICTS.

UH, OR IN THE CASE OF Y V A, UH, D Y V A APPROVAL RATHER THAN A SPECIAL USE PERMIT.

UH, THAT ENSURES, UH, THAT, UH, EACH, UH, EACH, UH, PROPOSED, UH, STR R WILL BE REVIEWED ON ITS OWN MERITS AND, UH, AND, AND EVALUATED BASED ON THAT.

SO, WITH THAT, UH, WE RECOMMEND APPROVAL OF THE PROPOSED AMENDMENTS THROUGH THE ADOPTION OF PROPOSED RESOLUTION PC 22, UH, DASH 27.

AND I'D BE HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME AT THIS TIME.

BETTY, HAVE ANY QUESTIONS? I'VE GOT, I, I DO HAVE ONE.

IF, IF OKAY.

IF YOU PLEASE ON, UH, QUESTION ON, AND I'M, I'M SORRY.

I, MY APPOINTMENT WAS AFTER ALL OF THIS, UH, ACTIVITY IN DEVELOPING THESE, UH, IN SECTION FIVE THAT IS AN ADDED SECTION UNDER H UM, THERE'S A STIPULATION WHERE THIS IS KIND OF AN A, AS YOU NOTED, THERE IS A REQUIREMENT OF NOT USING CHARCOAL, BUT THERE WAS AN ADDITIONAL COMMENT THAT I NOTICED WASN'T IN YOUR PRESENTATION.

[00:15:01]

IT SAID ANY OUTSIDE FIRE PIT MUST BE LIT, SUPERVISED, AND EXTINGUISHED BY THE PROPERTY OWNERS.

OH, RIGHT.

THAT'S, YEAH, I WAS, I ABBREVIATED, BUT YOU'RE RIGHT.

THAT'S ALSO PART OF PROPOSAL.

I GUESS MY QUESTION, AND I DID A LITTLE RESEARCH CUZ I FOUND THAT A LITTLE WHILE.

I, I'M, I'M A VACATION RENTAL USER MYSELF, AND I HAVE NEVER RUN ACROSS THAT AND I'VE USED MANY FACILITIES THAT HAVE FIRE PITS.

I WAS UNABLE TO FIND ANY OTHER SOURCE OF A REQUIREMENT LIKE THAT.

UM, WELL, AS I SAY, IT'S, IT CAME FROM OUR DEPARTMENT OF FIRE AND LIFE SAFETY.

UH, I DON'T KNOW THAT IT'S A SPECIFIC FIRE CODE REQUIREMENT.

I DOUBT IT IS OR ELSE WE WOULDN'T NEED TO INCLUDE IT.

UH, AS A USED PERMIT CONDITION.

WELL, AND I, IT, IT, WE SAY IN SECTION E THAT THE PROPERTY OWNER IS NOT REQUIRED TO BE THERE.

AND THEN WE HAVE ANOTHER STIPULATION THAT SAYS THEY MUST BE THERE FOR THE USE OF A FIRE PIT AT OH, I SEE YOUR POINT.

BUT IF IN FACT IT IS A CODE OR AN N F P A REQUIREMENT, THEN MY RECOMMENDATION, UH, TO THE COMMISSION IS THAT WE NOT STATE THAT WE SIMPLY STATE THAT IT, THEY MUST ABIDE BY WHATEVER CODES LOCAL CITY COUNTY CODES.

OTHERWISE IT LOOKS LIKE WE'RE CREATING, UM, THAT REQUIREMENT ON THE RENTAL.

LET ME, LET ME FLAG THAT.

UH, AND I, I WOULD JUST PREFER IT SAY THAT THEY ABIDE BY LOCAL, STATE, AND FEDERAL REQUIREMENTS AND LEAVE IT AT THAT RATHER THAN WE PICK ONE SPECIFIC PIECE OF THAT CODE AND PUT IT INTO OUR RESOLUTION.

AND MY RECOMMENDATION WOULD BE JUST TO STRIKE THAT LAST SENTENCE OF THAT SECTION AND OR REPLACE IT WITH, JUST FOLLOW THE CODE.

WHERE YOU MAKING, I THOUGHT YOU WERE GOING WITH THAT WAS WHERE, WHERE IT SAYS EXTINGUISHED BY THE PROPERTY OWNERS, AS YOU SAY, THE PROPERTY OWNERS, UHHUH , AS YOU SAY, THE PROPERTY OWNERS DOESN'T NECESSARILY HAVE TO BE ON THE PREMISE.

SO WHO WOULD BE ALLOWED TO DISTINGUISH AGAIN, AND I I, WHEN I SAY I RESEARCHED THAT, BUT THERE'S A WEBSITE, AND I APOLOGIZE YOU DON'T WRITE IT DOWN, BUT IT'S, IT'S SOMETHING TO THE EFFECT OF VACATION OWNER ACADEMY, UH, WHERE IT GOES THROUGH WHAT, HOW TO MAKE UP RULES, WHAT RULES TO A FOLLOW, UH, AND FIRE PITS ARE DISCUSSED THERE AT LENGTH.

AND THIS IS NEVER ADDRESSED IN THAT.

UM, WELL, AGAIN, I I, I DON'T THINK IT'S A CODE REQUIREMENT.

UH, I WILL CHECK WITH THE, UH, FIRE MARSHAL, UH, BEFORE, YOU KNOW, WE'VE GONE ON TO, IT'S GONNA BE A WHILE.

I THINK BEFORE THESE GO ONTO THE BOARD OF SUPERVISOR.

THAT'S SOMETHING THAT WE, I WOULD SUGGEST THAT AS TO NOT ONLY THE OWNER, BUT THE OPERATOR OF THAT SHORT TERM.

RIGHT, RIGHT, RIGHT.

BE, YEAH.

BETTER OPERATOR.

BUT AGAIN, I, I, MY, MY CONCERN IS THAT WE HAVE LANGUAGE IN THERE THAT IT LOOKS LIKE WE'RE CREATING THAT REQUIREMENT AS A COMMISSION.

I DON'T THINK THAT WILL, I THINK WE ARE I THINK WE, WE ARE, I I DON'T THINK IT'S A CODE REQUIREMENT.

AND WE'VE BEEN DOING IT, AS I SAY, FOR I THINK AT LEAST THE PAST YEAR AS A USE PERMIT CONDITION, WHICH WE CAN DO, UH, YOU KNOW, WE CAN BE STRICTER.

UNDERSTAND, YEAH.

THAN THE, THAN, UH, YOU KNOW, THE STATE NATIONAL CODES REQUIRE.

TWO, UH, TWO QUESTIONS.

UH, MR. CROSS ON SECTION E, OWNER OPERATOR OF THE, OF THE HOME SHELL RESIDE OR AN APPOINTED, UM, DESIGNATE, IS THERE A REQUIREMENT IN OUR CODE THAT THE OWNER BE A VIRGINIA STATE RESIDENT? NO.

SHOULD THERE BE, I MEAN, WE'VE HAD A LOT OF DEBATE ABOUT EXTERNAL COMPANIES, UH, COMING IN AND BUYING UP A LOT OF RENTAL PROPERTY AND, AND CREATING AIRBNBS.

AND, UH, I I THINK THE INTENT BEHIND IT WAS THAT IT WOULD BE LOCAL RESIDENTS OR LOCAL OWNERS THAT WOULD BE ALLOWED TO BRING FORWARD THESE APPLICATIONS.

YOU HAVE OPINION, SHOULD YOU HAVE A MR. KREER? WELL, I HAVE AN OPINION BECAUSE I OWN A HOUSE THAT'S OUT OF STATE, AND I WOULD BE UPSET IF THAT STATE WAS TELLING ME I WAS DIFFERENT FROM SOMEBODY ELSE.

WELL, I, I WOULD AGREE WITH THE, THAT THAT'S NOER.

I WOULD AGREE WITH THAT STATE, UH, REQUIRING YOU TO BE A RESIDENT .

WELL, I MEAN, THE OWNER WOULD STILL BE EXPECTED TO HIRE A LOCAL PERSON WHO WOULD BE THE RESPONSIBLE PARTY.

UH, AND, UH, UH, YEAH.

I MEAN, IT WOULD HAVE TO BE SOMEBODY, MR. HILL HAS WHO'S, WHO'S, YOU KNOW, MR. HILL HAVE TO BE SOMEBODY LOCAL BECAUSE THEY COULDN'T BE, THEY COULDN'T PROMPTLY RESPOND TO AND RESOLVE PROBLEMS OR COMPLAINTS.

UH, IF THEY'RE OUTTA STATE, I, I WOULD BE CONCERNED ACTUALLY CALLING OUT ONE BUSINESS OVER ANOTHER.

I MEAN, AND IN ESSENCE, THIS IS A BUSINESS, RIGHT.

AND THEN WE GOT OTHER BUSINESSES THAT ARE OWNED OUTSIDE OF THE, THE STATE.

BUT THESE ARE IN PEOPLE'S HOMES THOUGH.

THIS, THIS IS AFFECTING NEIGHBORHOODS.

THIS IS AFFECTING PEOPLE'S HOMES.

THAT, UH, ENSURES THAT THE OWNER AT LEAST BE A STATE RESIDENT, I THINK IS A REASONABLE EXPECT EXPECTATION.

, THIS IS NOT A BUSINESS MODEL THAT WE WERE TERRIBLY ENAMORED WITH.

RIGHT.

UM, WHEN YOU LOOK AT THE PROBLEMS THAT HAVE BEEN CREATED IN PLACES LIKE VIRGINIA BEACH, I, I THINK THERE NEEDS TO BE A TIGHTER SET OF CONTROLS.

SO, SO HAVING A PROVISION IN THERE THAT,

[00:20:01]

YOU KNOW, I TAKE THE OPPOSITE VIEW OF THAT WE KNOW ALL THE TIME, KNOW IT'S OKAY.

I, I'M MORE LIKE IT SHOULD BE A, UH, A, UH, MATTER OF OWNING THE HOME SHOULD BE ABLE TO DO WHAT WANTS.

THAT'S, THAT'S WHY WE CONTINUE TO ARGUE OVER DENSITY AND DISTANCES AND, UH, ALL THE OTHER PROVISIONS THAT WE, I WOULD HATE TO LIMIT IT TO VIRGINIA RESIDENTS AND OWN A HOME AND NOT BE, AND THEN NOT BE ABLE TO RENT THAT TO WHOMEVER THEY WANT TO WITHIN VIRGINIA RESIDENT.

THEY CAN RENT IT, BUT WHY CAN'T A MARYLAND RESIDENT DO IT OR DC RESIDENT DO IT? BECAUSE CAROLINA, THAT BECOMES A BUSINESS MUCH LIKE A HOTEL BUSINESS.

BUT THIS IS NOT A, IT'S A BUSINESS IN SOME RESPECTS, BUT IT'S NOT A HOME-BASED BUSINESS.

I DON'T THINK WE SHOULD BE PREJUDICED BECAUSE OF WHERE SOMEBODY COMES FROM .

I DUNNO.

BUT WHAT IF THE OWNER LIVED IN, YOU KNOW, ON THE FAR WESTERN SIDE OF THE STATE? HOW IS THAT DIFFERENT? SOMEBODY MIGHT LIVE IN CAROLINA? I THINK YOUR QUESTION IS GETTING AT THE BUSINESS PART OF IT, NOT NECESSARILY WHERE THE PERSON RESIDES, BUT THAT IT'S A BUSINESS.

WELL, AND, AND AGAIN, IT GETS BACK TO TO CASE BY CASE.

YOU KNOW, YOU CAN DREAM UP ALL KINDS OF SCENARIOS.

YOU COULD HAVE SOMEBODY YEAH.

YOU KNOW, IN NORTH CAROLINA WHO OWNS A HOUSE IN YORK COUNTY AND YOU KNOW, THEIR DAUGHTER LIVES NEXT DOOR AND IS IS OVERSEEING, YOU KNOW, THE TOURIST HOME.

SO IT'S YEAH.

YOU KNOW, IMPOSSIBLE TO, UH, ACCOUNT FOR EVERY, YOU KNOW, SCENARIO.

SO I THINK BY MAINTAINING THE REQUIREMENT THAT THESE THINGS BE APPROVED INDIVIDUALLY, YOU KNOW, I, I THINK WE HAVE THAT PRETTY WELL COVERED.

MADAM CHAIR, IF I MAY, UM, I JUST WANT TO POINT OUT THAT A SIMILAR REQUIREMENT WAS STRUCK DOWN BY A FEDERAL COURT OF APPEALS, UM, IN NEW ORLEANS.

AND SO I WOULD HAVE VERY GRAVE CONCERNS ABOUT THE CONSTITUTIONAL VIABILITY OF IT.

THAT, YOU KNOW, THERE'S NO BINDING DECISION THAT A, THAT BINDS US IN VIRGINIA YET, OR FROM THE US SUPREME COURT, BUT I SUSPECT THERE WILL BE ONE SOON.

SO AT LEAST ONE FEDERAL COURT OF APPEALS HAS SAID THAT THAT KIND OF REQUIREMENT IS UNCONSTITUTIONAL.

I HAD ONE OTHER, UH, QUESTION FOR MR. CROSS.

WE TALKED ABOUT NONCONFORMING, UM, OR, OR AIRBNBS THAT WERE LISTED LOCALLY THAT HAD NOT YET BEEN PERMITTED.

UH, WHEN THEY COME FORWARD FOR AN S U, IS THERE A, IS THERE NOT A REQUIREMENT THAT THEY HAVE BACK TAXES PAID BEFORE A PERMIT IS GRANTED? I, I DON'T, AND THAT'S TRUE OF ANY, ANY SPECIAL USE PERMIT APPLICATION.

I WOULDN'T, THEY HAVE TO BE CURRENT ON THEIR, ON THEIR TAXES.

WE CAN CHECK THAT.

I, I SAW IT WAS MISSING.

THAT WAS PART OF OUR DISCUSSION ON ONE OF THE EARLIER TOPICS.

WHEN WE FIND SOMEBODY OPERATING ILLEGALLY, HOW DO WE ENSURE THAT THEY'VE PAID THEIR TAXES BEFORE WE APPROVE THEM? WELL, THAT'S IN THE SECTION OF THE ORDINANCE.

IT TALKS ABOUT PROCESSING SPECIAL USE PERMITS.

THAT'S WHERE THAT LANGUAGE APPEARS.

SO IT APPLIES TO, TO ALL APPLICATIONS, NOT JUST, UH, TOURIST HOMES.

NOW WHERE ARE WE? UH, ANOTHER SHORT OPINION.

UH, OKAY, SURE.

I AGREE WITH MY FELLOW COMMISSIONER AT THE END THAT THE, UM, WHEN IT COMES TO, UH, FIRE PITS MM-HMM.

TO SIMPLY STRIKE TO KEEP THE STATEMENT IN THERE ABOUT ANY OUTSIDE FIRE PIT MUST BE LIT, SUPERVISED, AND EXTINGUISHED.

I WOULD LEAVE THAT IN THERE.

I WOULD SIMPLY STRIKE THE, BY THE PROPERTY OWNER.

CUZ AT LEAST YOU'RE FORCING THEM TO EXTINGUISH IT AS OPPOSED TO LET IT BURN OUT, WHICH IS PROBABLY PART OF THE PROBLEM OF THE FIRES.

THAT WOULD BE MY RECOMMENDATION.

THAT WOULD BE THE RENT RENTAL.

COULD BE, BUT THAT WOULDN'T BE PART OF THE ORDINANCE.

IT ONLY FORCES THEM TO, UM, IT WOULDN'T FORCE HIM TO DO EVERYTHING, I DON'T THINK, UNLESS IT'S IN YOUR RENTAL AGREEMENT.

WELL, STILL EXTINGUISH SHOWS MY ONLY CONCERN.

IF IT'S IN A RENTAL AGREEMENT, THEY WOULD, COULD BE FORCED MAYBE TO DO IT, BUT NOT AS PART OF AN ORDINANCE.

FAIR POINT.

I UNDERSTAND.

YOU'LL FORCE 'EM TO PUT IT IN THE RENTAL AGREEMENT.

THERE YOU GO.

LOOK AT THAT FACE.

NOT BURN THE RENTAL AGREEMENT.

WHAT SWITCHING TO, OH, DO WE WANNA, UH, ANY RESIDENTS THAT WISH TO ADDRESS US AT THIS POINT? CAN YOU HEAR ME? YES.

I'M LOST MY PLACE NOTICE.

DONE.

I'M DONE.

ARE WE DONE THERE? ANY OTHER QUESTIONS? I DON'T HAVE ANY QUESTIONS.

DO YOU HAVE ANY OTHER QUESTIONS, ANYBODY? NO, WE'RE DONE.

NOW WE'RE, WE'RE GONNA OPEN THE PUBLIC HEARINGS NOW.

[00:25:02]

SIGN SHEETS.

DO YOU HAVE YOUR, OH, I'M SORRY.

I HAVE THEM HERE.

WE'RE GONNA GET THIS BY THE END OF THE YEAR.

MR. HOWELL, UM, LOOKS LIKE ONE OH AND ADDRESS.

PARDON? COME FORWARD AND STATE YOUR NAME.

OH, OKAY.

I THOUGHT I HAD TO DO THAT.

IF YOU'LL STATE YOUR NAME AND ADDRESS.

ALL RIGHT.

MY NAME IS RICHARD HOWELL.

I LIVE AT 1 0 4 HORSESHOE DRIVE.

AT FIRST, I, I WANTED TO SAY THERE WAS SOMETHING LEFT OUT OF THAT TIMELINE TIM PRESENTED.

UM, ONE OF THE THINGS THAT, THAT DIDN'T GET MENTIONED IS THAT THE SUPERVISOR SPECIFICALLY SAID, BRING US SOME GUIDELINES, SOME STANDARDS.

THAT WAS KIND OF NOT MENTIONED.

I WANT TO MAKE SURE WE HIGHLIGHT THAT.

YOU KNOW, IT'S GOOD TO SEE CODIFICATION OF THE SUVS FOR STRS RUNNING WITH THE OWNER VERSUS THE LAND.

SOMETHING WE'VE BEEN DOING FOR A COUPLE OF YEARS NOW.

I APPLAUD THAT IT'S ALSO GOOD TO SEE AGREEMENT ON THE VALUE ADDED BY REQUIRING GUEST LOGS.

BUT WE'VE NOW GONE FROM AN OWNER ON SITE OR NEXT DOOR TO NOT EVEN HAVING TO BE IN THE STATE AS LONG AS THE, THEY PROPOSE MEASURES TO MONITOR GUEST BEHAVIOR AND DESIGNATE A RESPONSIBLE PARTY TO RESPOND PROMPTLY.

NONE OF WHICH IS DEFINED.

OH.

AND THE OWNER DOESN'T EVEN HAVE TO BE AN INDIVIDUAL.

ADDITIONALLY, WE'VE NOW REQUIRED NO LIMITS ON THE NUMBER OF RENTAL NIGHTS UNLESS THE BOS DECIDES OTHERWISE.

IMAGINE A HOUSE NEXT TO YOURS OWNED BY SOMEONE IN, LET'S SAY, CALIFORNIA WITH A MANAGER IN VIRGINIA BEACH.

AND IT'S OPERATED AS AN STR R WITH CONSTANT CHANGEOVER 365 DAYS A YEAR.

WE HAVE NOW MADE THE TRADITIONAL BED AND BREAKFAST AND THE SDR ESSENTIALLY THE SAME, EXCEPT OF COURSE FOR A MUFFIN.

WE'RE TRADITIONALLY THE BED AND BREAKFAST OWNER HAD TO LIVE ON THE PROPERTY OR IMMEDIATELY ADJACENT TO THE PROPERTY.

THEY TOO ARE NO LONGER REQUIRED TO BE IN THE MIX.

WE'VE NOW MOVED FROM THE SDR BEING AN OPPORTUNITY FOR THE OWNER OF A HOME TO MAKE EXTRA MONEY BY RENTING OUT A ROOM OR TWO ON AN OCCASIONAL BASIS TO A FULL-BLOWN HOTEL.

HOW IS THIS SUBORDINATE TO THE USE AS A RESIDENCE IN ACCORDANCE WITH THE DEFINITION OF AN S STR R THE NARRATIVE SAYS, MAKING THE S U P RUN WITH THE OWNER IS THE BIGGEST COMPLAINT THE CITIZENS HAD NOT SO DENSITY.

WE HAVE FOOT STOMPED THE NEED FOR A DENSITY CAP OR STANDARD FOR YEARS.

NOW, THIS CHANGE IN SUBPARAGRAPH M THREE MERELY IDENTIFIES A NUMBER OF THINGS THAT YOU MAY OR MAY NOT DESIRE TO CONSIDER WITH NO DEFINITIVE STANDARD OR TARGET FOR DENSITY.

IT THEN SPECIFICALLY LIMITS YOU ON YOUR ABILITY TO DO SO UNLESS YOU CAN DO WHAT THEY CANNOT COME UP WITH A DEFINITIVE QUANTIFIABLE IDENTIFICATION OF THE CUMULATIVE IMPACT ON THE RESIDENTIAL CHARACTER OF THE SURROUNDING COMMUNITY.

TO DO THIS REQUIRES A LONG RANGE LOOK, NOT APPLICATION BY APPLICATION.

THE BOS ASKS FOR GUIDELINES OR STANDARDS TO HELP THEM IN THEIR DECISION MAKING PROCESS.

INSTEAD, THESE CHANGES OPEN THE APERTURE WIDER, ADD CONFUSION WITH ILL-DEFINED TERMS, AND LEAVE THE SUPERVISORS IN GREATER JEOPARDY OF DECISIONS THAT CAN BE CALLED INTO QUESTION.

I URGE THE COMMISSION TO SEND THIS DOCUMENT BACK WITH SPECIFIC INSTRUCTION TO PROVIDE MORE DEFINITIVE GUIDANCE AND STANDARDS.

THE BOS AND YOU CAN HANG YOUR HATS ON IN THE DECISION MAKING PROCESS.

IT DOESN'T LIMIT THE BOS AUTHORITY TO WAIVE STANDARDS, BUT PROVIDES A BACKSTOP BASED ON THE DESIRED NORMATIVE OPERATION.

THANK YOU, SIR.

THE RESIDENTS IN THE COUNTY CODE YEARS AGO.

THE NEXT PERSON I HAVE IS KAY DANA DE JAGGER.

GOOD EVENING.

MY NAME IS DANA DEJAK.

I LIVE AT 1 0 8 HORSESHOE DRIVE IN UPPER YORK COUNTY.

YOU'RE GONNA HAVE TO SPEAK UP OR TURN IT UP.

IS THAT BETTER? OKAY.

I WANNA THANK THE PLANNING COMMISSION AND THE STAFF FOR ALL THEIR TIME ON THIS TOPIC.

IT'S BEEN SEVERAL YEARS IN THE MAKING AND, UM, I'VE BEEN WORKING TOGETHER WITH THE COUNTY AND DISCUSSING ALL THE TOPICS AND YOU ALL ALL HAVE SEEN MY FACE BEFORE.

AND I WANNA EMPHASIZE THAT OUR MAIN GOAL HAS BEEN TO PRESERVE OUR COMMUNITIES BY ENSURING THAT ST R OPERATES AS AN ANCILLARY USE OF THE HOME, PRESERVING THE RESIDENTS AND THE TIES THAT BIND US AS A COMMUNITY.

COUNTY REPRESENTATIVES ENSHRINE THE BUSINESS USE OF

[00:30:01]

AND WE SIMPLY ASK THAT YOU CONTINUE TO PROTECT OUR COMMUNITIES FROM DIVISIVE BUSINESS EXPANSION.

SO PRESERVE THE USE THE BUSINESS USE OF RESIDENCES AS STRICTLY ANCILLARY USE AND NOT AS THE PRIMARY USE.

THE BUSINESSES DON'T NEED YOUR PROTECTION HERE BECAUSE THEY ALREADY HAVE A MYRIAD OF COMMERCIALLY ZONED HOMES THAT THEY CAN CONVERT INTO STR THEY HAVE OPTIONS ALREADY AT THEIR DISPOSAL WITHOUT INFRINGING ON OUR RIGHTS AS HOMEOWNERS TO LIVE PEACEFULLY WITH EACH OTHER.

SO TO SAY YOU HAVE TO CHOOSE BETWEEN TWO PARTIES, BUSINESSES, OR HOMEOWNERS, IS A FALSE CHOICE.

I URGE THE PLANNING COMMISSION TO DEMAND ST R OWNERS AND OPERATORS LIVE IN THE HOME OR ADJACENT TO IT TO ENSURE MINIMAL DISRUPTION TO OUR COMMUNITIES.

THE REAL CHOICE YOU'RE FACED WITH IS DO YOU STAND WITH THE RESIDENTS WHO HAVE INVESTED THEIR LIFE SAVINGS IN THEIR HOMES AND PROTECT NEIGHBORHOODS? OR DO YOU ENCOURAGE THE EROSION OF OUR FRAGILE COMMUNITY BONDS BY CHERRY PICKING ONE BUSINESS, WHICH HAS A PROVEN TRACK RECORD OF COMMUNITY DISRUPTION.

JUST BRING UP THE NEXT ONE.

UM, ANNE GREGORIAN.

HELLO, MY NAME IS ANNE GREGORIAN.

I LIVE AT, UM, ONE 17 BALDRICK PLACE IN YORKTOWN.

AND FIRST, I'D LIKE TO THANK EVERYONE INVOLVED IN WORKING ON THIS ISSUE.

IT'S A DIFFICULT TASK TO BALANCE THE NEEDS AND WANTS OF ALL PARTIES CONCERNED.

17 YEARS AGO, MY FAMILY PURCHASED A HOME LOCATED IN AN R 20 ZONE, UH, AREA BECAUSE IT ENCOURAGED THE TRADITIONAL SUBDIVISION ENVIRONMENT, WHICH PROMOTES A LOW RATE OF TRANSIENT TRANSIENTS AND A HIGH RATE OF STABILITY.

THE MOTEL LIKE SERVICES OFFERED BY SHORT-TERM RENTALS ARE NOT IN THE SPIRIT OR THE PROMISE OF A SINGLE FAMILY, MEDIUM DENSITY RESIDENTIAL NEIGHBORHOOD.

SHORT-TERM NIGHTLY RENTALS CREATE A REVOLVING DOOR OF STRANGERS NEXT DOOR TO WHERE FAMILIES LIVE, REPLACING THEM WITH RANDOM PEOPLE WHO ARE JUST PASSING THROUGH.

IT IS A BREACH OF THE TRUST THAT I PLACED IN YORK COUNTY SO MANY YEARS AGO.

OUR 20 ZONING WAS SUPPOSED TO ENSURE THAT MY NEIGHBOR, MY NEIGHBORHOOD, WAS FILLED WITH HOMES FOR FAMILIES, NOT MOTELS, FOR TOURISTS.

I'M AM HERE TODAY TO REQUEST TWO CHANGES TO THE PROPOSED AMENDMENT OF SECTION 24.1 DASH 4 0 9 OF THE YORK COUNTY ZONING ORDINANCE.

FIRST, THE PLANNING COMMISSION VOLUNTARILY NOTIFIES HOMEOWNERS ASSOCIATIONS OF T R APPLICATIONS AND GATED COMMUNITIES.

I REQUEST THAT ESTABLISHED NEIGHBORHOOD COMMUNITY ASSOCIATIONS BE EXTENDED THAT SAME COURTESY AND BE ALLOWED TO REGISTER A POINT OF CONTACT WITH THE PLANNING COMMISSION.

SECONDLY, REGARDING PROXIMITY RESTRICTIONS, I REQUEST THAT STR LOCATED IN MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL AREAS SUCH AS THE ONE THAT I LIVE IN, HAVE THE SAME RESTRICTIONS AS BED AND BREAKFAST PROPERTIES OUTLINED IN SUBSECTION D OF THE PROPOSED AMENDMENT.

THERE IS LITTLE DAYLIGHT BETWEEN A BED AND BREAKFAST AND A TOURIST HOME RELATIVE TO OVERSIGHT ISSUES.

THEY SHOULD BE TREATED IN A, LIKE FASHION STR ARE NOT COMPATIBLE WITH SINGLE FAMILY MEDIUM DENSITY RESIDENTIAL HOUSING.

WHEN AN ACTIVITY REQUIRES A SPECIAL USE PERMIT, IT IS AN INDICATION THAT THE ZONING WAS NOT ORIGINALLY INTENDED TO BE UTILIZED FOR THAT PURPOSE.

I WOULD THEREFORE REQUEST THAT THE COMMISSION FURTHER AMEND THE CODE TO INCLUDE THE PROOF TWO PROVISIONS THAT I HAVE OUTLINED.

I'D LIKE TO THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION MY REQUEST.

THANK YOU, MA'AM.

JOHNNY GREGORIAN.

HOPE I'M SAYING THAT RIGHT.

AM I GETTING CLOSE? , YOU'RE REALLY CLOSE .

MY NAME'S JOHNNY GREGORIAN.

I GO BY JOHN GREGORIAN AND I LIVE AT 117 BALDRICK PLACE, YORKTOWN, VIRGINIA HAND PLAN ON SPEAKING TONIGHT.

BUT AFTER READING THE CODE, I FIGURED I MIGHT AS WELL GIVE A COUPLE OF ITEMS THAT I'M CONCERNED OVER.

SO AS I READ THE AGENDA, IT SAID, CLARIFY THAT TERSE HOME OWNER, PROP PROPRIETORS MUST RESIDE EITHER IN THE HOME OR IN ADJACENT PREMISES WHILE REYNOLDS ARE TAKING PLACE.

BUT AUTHORIZING THE BOARD OF SUPERVISOR IN IMPROVING A APPLICATION FOR TERSE HOMES TO WAIVE THIS REQUIREMENT WHEN CERTAIN REQUIREMENTS ARE MET AND THE OWNER PROPERTY DESIGNATES A RESPONSIBLE PARTY TO PROMPTLY RESOLVE PROBLEMS THAT ARISE WHILE RENTALS ARE TAKING PLACE.

AS I READ THAT, IT LOOKS LIKE A SLIPPERY

[00:35:01]

SLOPE.

IT REALLY DOES.

I THINK IT'S DISINGENUOUS BECAUSE THEN WHAT, WHAT METRIC ARE YOU MEASURING AGAINST? AND WE'RE PUTTING OUR FAITH AND HOPE TO THE INDIVIDUALS THAT WE, THAT, THAT THE SUPERVISORS OR THE PLANNING COMMISSION ARE GONNA GO AHEAD AND MAKE THE RIGHT DECISION.

WELL, I DON'T WANT TERRACE HOMES AT MY LOCATION.

I THINK THEY, IF THEY WANT TO DO SOMETHING LIKE THAT, YOU CAN MODIFY IT.

BUT THEY NEED TO LIVE IN THE HOME.

MAKE IT LIKE A BED AND BREAKFAST.

YOU MUST BE THERE CUZ IT'S MUCH EASIER FOR ME TO WALK NEXT DOOR AND TALK TO MY NEIGHBOR WHO LIVES THERE ALL THE TIME THAN TO CALL SOMEONE.

HOPE THEY'RE THERE.

HOPE THE MANAGER IS THERE.

BUT IF YOU'RE RUNNING A BED AND BREAKFAST, YOU ARE GOING TO BE THERE.

SO THAT'S A BIG DIFFERENCE IN WHAT WE'RE TALKING ABOUT, IN MY OPINION.

THERE'S BEEN A LOT OF GOOD OTHER SUBJECTS THAT WERE BROUGHT UP, MORE ELOQUENT THAN I DID.

BUT, UM, THANK YOU FOR YOUR THE TIME AND THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THAT, UH, ISSUE.

THANK YOU, SIR.

AND NOW WE HAVE RON STRUBLE.

DID I SAY THAT? CLOSE? PERFECT.

RON STRUBLE 2 0 5 SHADY BLUFF POINT, UM, WILLIAMSBURG NUMBER, YORK COUNTY.

UM, NUMBER ONE, I WANT TO THANK YOU ALL FOR WHAT YOU DO AND YOUR SERVICE.

AND, UH, I KNOW THIS HAS BEEN A, A CHALLENGING ISSUE FOR A LOT OF FOLKS AND THERE'S A LOT OF, UM, UH, STRONG FEELINGS ON EACH SIDE.

UM, I WROTE, I I WANNA FIRST SAY THAT, UM, I'M THE PRESIDENT OF THE CONSERVE YORK COUNTY FOUNDATION.

WE EMERGED FROM THE, UM, UH, BEGINNINGS OF THE FENTON MILL, UH, REZONING FIGHT.

AND, UM, THIS PLANNING COMMISSION WAS VERY SENSITIVE TO THE CONCERNS OF THE COMMUNITY.

AND I JUST ASK THAT YOU, UH, UM, CONTINUE THAT, UH, RESPECT FOR THE COMMUNITY, UH, IN WHATEVER YOU DECIDE TONIGHT.

UH, A COUPLE THINGS I WROTE DOWN THAT JUST JUMPED OUT AT ME, UH, IN THIS, UH, DENSITY, AND I KNOW YOU'VE TALKED ABOUT THIS, I'M NOT SURE THERE'S A GREAT SOLUTION FOR IT, BUT, UH, I THINK AS WE STILL NEED SOME SOLUTION TO THE DENSITY ISSUE, UH, LIVING IN THE HOME, UH, JUMPED OUT AT ME.

AND THEN LASTLY, UH, AS I CONCLUDE, I JUST WANNA SAY I, I, UM, COMPLETELY AGREE WITH THE COMMENTS OF MRS. OR MR. HOWELL, MS. DAGGER AND, UH, THE GREGORIANS.

SO THANK YOU VERY MUCH.

CHRISTOPHER VAN CLEVE.

UH, SO CHRISTIE VAN CLEVE, I RESIDE AT 1304 DANDY LOOP ROAD.

UH, MY HUSBAND AND I ALSO OWN 3 0 1 BALLARD STREET, UH, WHICH HAS TWO SHORT-TERM RENTALS AT THAT LOCATION.

WE'RE IN THE Y V A DISTRICT HERE.

UM, SO, UM, I'M NOT ACTUALLY GONNA COMMENT SO MUCH ON WHAT GOES ON IN RESIDENTIAL AREAS BECAUSE, UM, I DON'T NECESSARILY DISAGREE WITH A LOT OF THE COMMENTS THAT WERE MADE TONIGHT.

UM, THE SPIRIT OF THAT I UNDERSTAND PURCHASING IN A RESIDENTIAL AREA.

I'M WANTING TO NOT HAVE TRANSIENT, UH, POPULATION.

UM, I DO FEEL LIKE YBA IS QUITE DIFFERENT.

I MEAN, THIS DOES CATER TO TOURISTS.

UM, MY PRIMARY GOAL WAS TO JUST, JUST MAKE SURE THAT, UM, OUR INTERESTS ARE GRANDFATHERED IN WITH THE CHANGES.

UH, WE DO FEEL THAT OUR STR IS QUITE DIFFERENT THAN THOSE IN RESIDENTIAL AREAS BECAUSE OF THE LOCATION WE ARE NEARBY.

WE, OUR RENTERS HAVE ACCESS TO US TWENTY FOUR SEVEN.

THE PHONE GOES OFF IN THE MIDDLE OF THE NIGHT, , WE TAKE THE CALL.

UM, WE HAVE A NEAR PERFECT SCORE FROM ALL OF OUR RENTERS.

UM, YOU KNOW, WE'RE FOUR TO FIVE STAR, MOSTLY FIVE STAR.

WE'VE BEEN DOING THIS FOR YEARS NOW.

UM, COUPLE THINGS I DID WANT TO ADDRESS.

UM, I'VE, I THINK I READ IN THE, UH, EXISTING CODE THAT THERE ARE FLOOR PLAN REQUIREMENTS TO BE PUBLISHED AND AVAILABLE TO RENTERS.

I KNOW THAT, YOU KNOW, SOMETIMES THE WAY THAT PEOPLE ARE MARKETING THEIR STR THEY ARE NOT MAKING THOSE AVAILABLE.

AND IT MIGHT APPEAR AS IF IT'S A FULL HOUSE RENTAL, BUT IT'S REALLY NOT, IS PARTIAL.

WE WANT EVERYBODY TO HAVE A GOOD EXPERIENCE CUZ WE WANT THEM TO COME BACK AND CHOOSE US NEXT TIME.

UM, THE OTHER THING THAT I WAS HOPING THAT COULD BE ADDRESSED THAT I DIDN'T SEE MENTION OF IS THE USE OF BOATS FOR SHORT TERM RENTALS.

UM, I KNOW THAT WE'VE HAD SOME INSTANCES WHERE PEOPLE HAVE USED, UM, LIKE A BOAT DOWN HERE ON THE WATERFRONT.

UM, I KNOW THERE'S SOME IN PACOIN.

UM, I, I LIVE NEAR A MARINA, I CAN SEE IT OUT MY BACK DOOR.

I SEE HOUSEBOATS BEING PULLED IN, UM, AND TUCKED AWAY.

I SUSPECT

[00:40:01]

SOMETHING'S UNDERWAY.

UM, I THINK THAT THAT NEEDS TO BE ADDRESSED IN THE CODE AT SOME POINT.

UM, AS FAR AS THE LOG BOOK GOES, UH, WE RENT ON V R B O.

IT PROVIDES AN ELECTRONIC LOG BOOK.

UM, SO WHEN WE PAY OUR TAXES, WE SUBMIT WITH IT, IT SHOWS WHAT TAXES V R B O COLLECTED, WHICH THEY DIDN'T.

SO WE KNOW HOW MUCH TO PAY.

UM, UH, WE ALSO IN A PLACE UP IN WINTERGREEN RESORT, AND WHICH WE ALSO USE AS AN STR, BUT THAT IS A TOURIST AREA AS WELL.

UM, AND THAT AREA, WE HAVE AN HOA AND THEIR RESOLUTION REQUIRES THAT THEIR TERMS, THEIR LIMITATIONS ARE SENT TO ALL THE RENTS.

SO IF THEY DON'T ALLOW OPEN AIR, UM, FIRES, THEN, YOU KNOW, WE HAVE TO PUT THAT IN OUR COMMUNICATIONS WITH THE RENTERS SO THAT IT'S NOT JUST SOMETHING THE OWNER KNOWS ALL THE RENTERS KNOW AS WELL.

UM, AND, UM, YOU KNOW, I JUST WANTED TO ADD THAT AS FAR AS OPEN FIRE AND GRILLS, I AGREE WITH THAT.

UH, WE ARE, BECAUSE WE'RE HERE IN THE DISTRICT, WE ARE ADJACENT TO NATIONAL ASSETS AND SO WE STOP USING GRILLS.

YOU KNOW, AFTER THE FIRST YEAR, WE JUST THOUGHT IT WAS TOO MUCH RISK.

SO THANK YOU.

I THINK THAT'S ALL THE NAMES.

HAVE I MISSED ANYONE BY ANY CHANCE? OKAY.

YOU'LL ASK 'EM IF THEY WANNA SPEAK ANYWAY.

WELL, YOU ASK IF THERE'S ANYBODY WHO HASN'T SIGNED UP WHO WOULD LIKE TO SPEAK.

IS THERE ANYBODY THAT HASN'T SIGNED UP THAT WOULD LIKE TO SPEAK? COME ON DOWN.

MY NAME IS DIANE HOWELL AND I LIVE AT 1 0 4 HORSESHOE.

UM, AS I SIT HERE TONIGHT AND, AND LISTEN TO THIS, I THINK THERE'S NOT A PERSON IN THIS ROOM THAT WANTS IT TO GO AWAY MORE THAN I DO , BUT I DO APPRECIATE THE WORK THAT HAS TAKEN PLACE FROM BOTH THE COMMISSION AND THE STAFF.

UM, I DON'T FEEL LIKE THIS IS READY FOR THE BOS.

UM, WHEN I READ THROUGH IT, I SEE, UH, OPERATOR PROVIDER, I SEE OWNER PROPRIETOR, I SEE OPERATOR OWNER.

I ALMOST FEEL LIKE I'M TAKING A TEST JUST TRYING TO FIGURE OUT WHO OWNS WHAT AND WHO'S WHERE.

SO I WOULD ASK THAT MAYBE THIS COULD BE, UH, STREAMLINED OR SIMPLIFIED.

THE UM, ISSUE OF ELIMINATING THE OWNER OF A BED AND BREAKFAST ONSITE IS VERY CONCERNING.

I THINK ABOUT THAT TRIPPING INTO, I THINK AT LEAST TWO OF THE BED AND BREAKFASTS THAT ARE APPROVED IN YOUR COUNTY ACTUALLY ARE EVENT VENUES.

SO YOU HAVE HOWEVER MANY GUESTS THE BOARD OF SUPERVISORS APPROVES A HUNDRED, A HUNDRED TWENTY FIVE, A HUNDRED FIFTY GUESTS THAT THERE'S NO OWNER PRESENT.

YOU JUST HAVE A RESIDENT MANAGER OR WHOEVER THAT TROUBLES ME.

UM, MONITORING GUEST BEHAVIORS, PROXIMITY, PROPOSED PROVISIONS, CUMULATIVE IMPACT, NO MATRIX THAT WAS SAID EARLIER THIS EVENING.

I HONESTLY FEEL LIKE THAT THE SUPERVISORS WERE LOOKING FOR SOMETHING FAR MORE SPECIFIC THAN WHAT YOU HAVE PROVIDED HERE.

UM, AS I READ IT ONE LAST TIME TODAY, I THOUGHT IT'S NOT A LEGAL CONTRACT.

IT FEELS LIKE IT TO ME A BIT.

I WOULDN'T SIGN IT IF I WAS AN APPLICANT AND I SURE DON'T LIKE IT AS A CITIZEN.

UM, IT SEEMS TO ME THAT THE RIGHTS OF STR R OWNERS TO MAKE MONEY WHEN YOU COMPARE THOSE TO THE RIGHTS OF NEIGHBORS TO BE FREE OF JUST THE ISSUES AND THE CUMULATIVE ADVERSARIAL THINGS THAT CAN ARISE.

IT SEEMS LIKE THAT THE ST R OWNERS ARE WINNING THIS AND THAT REALLY TONIGHT, EVERYONE HERE, WE'RE GONNA COME AND WE'RE GONNA GO.

BUT THESE DECISIONS GO ON FOR YEARS.

SO PLEASE THINK ABOUT THIS IN TERMS OF THE LONGEVITY.

OUR COMMUNITIES, PEOPLE MOVE HERE BECAUSE THEY LOVE OUR COMMUNITIES, PROTECT OUR APPLICANTS.

I THINK ABOUT RYAN MOBERLY IN THE BACK.

DOES HE REALLY WANT TO BE SURROUNDED BY OTHER STR? THERE ARE TWO SIDES TO THIS.

THANK YOU MA'AM.

UM, EARLIER WHEN YOU GUYS WERE TALKING ABOUT A OPEN FIRE PIT, THERE WAS KIND OF SOME BACK AND FORTH ON WHETHER IT BE INCUMBENT ON THE OWNER TO EXTINGUISH IT OR NOT.

I DON'T HAVE, OKAY, GO AHEAD.

KEVIN BROCKMEIER FROM 1000 CARRIES CHAPEL.

[00:45:01]

IT SEEMS LIKE, UM, IT'D BE REASONABLE TO SAY THAT THEY SHOULD PROVIDE FOR THE MEANS TO BE ABLE TO EXTINGUISH IT BOTH IN CASE OF AN EMERGENCY OR OTHERWISE.

CUZ MOST RENTS WOULDN'T BRING A SHOVEL.

THEY MIGHT NOT KNOW WHERE THE HOSE IS.

AND SO THAT STUFF SHOULD BE PROVIDED IF THEY'RE GONNA HAVE THOSE FACILITY.

OKAY, THANK YOU.

OH, THANK YOU.

WAS THERE ANYONE ELSE? SO WE CAN CLOSE THE PUBLIC HEARING.

CLOSE THAT AS SOON AS I FIND MY CORRECTIONS, I'LL TAKE.

OKAY, SO NOW WE WANNA OPEN FOR THE, UM, HALL HEARING COMMISSIONERS.

YOU GET TO TALK FIRST.

WHERE IS THAT IN? WE JUST START IT, IT'S IN THERE SOMEWHERE.

THE COMMISSIONERS WILL START DOWN HERE.

AT THE END.

UM, I, WE HAVE DISCUSSED THIS MANY TIMES, UM, IN MANY MEETINGS.

AND I THINK, UH, WHAT THE STAFF HAS COME UP WITH IS, UH, SUFFICIENT.

IT GIVES US THE FLEXIBILITY TO DECIDE WHEN THINGS ARE DIFFERENT.

AND, UH, WE'LL REMIND THE COMMISSION OF THE SITUATION WHERE WE HAD, UH, WE APPROVED A SHORT-TERM RENTAL THAT WAS SURROUNDED BY NATIONAL PARK, UM, UH, PROPERTIES.

AND THE HOUSE WAS BY ITSELF AND NOWHERE NEAR ANYBODY ELSE.

AND THERE WAS A SITUATION THAT THE OWNER CAME UP WITH A SOLUTION TO MAKE SURE THAT THE PEOPLE THAT RENTED WAS TAKEN CARE OF AND THAT THERE WASN'T ONE, IF THERE WAS ANY PROBLEMS, THERE WAS A MEANS TO TALK TO THEM.

SO WE DON'T WANT, MY FEELING IS WE DON'T WANT TO HAVE A, UM, SITUATION WHERE WE TELL THAT IT HAS TO BE THIS, AND THAT'S THE ONLY WAY WE CAN APPROVE IT.

THERE'S GOTTA BE FLEXIBILITY.

WE TAKE ALL THIS INTO ACCOUNT.

WE KNOW THE COMMUNITIES NEED TO BE PROTECTED.

AND SO THAT IS ALL PART OF THE CONSIDERATION.

SO WHAT I BELIEVE THE STAFF HAS COME UP WITH GIVES US THAT FLEXIBILITY, BUT AS ENOUGH, UM, LANGUAGE THAT WILL PROTECT THE COMMUNITIES.

MR. KREER, I AGREE WITH POST EVERYTHING YOU SAID, .

LET'S START WITH THE GOOD PART.

GOOD INTERVIEW.

HAVE DISAGREE.

AND IT'S, UH, IT'S NOT A BIG DISAGREEMENT.

IT'S JUST THAT, UH, THE THING THAT'S LEFT OUT OF EVERY ONE OF THE COMMENTS MADE TONIGHT IS THE, UM, GOOD SENSE THAT I HOPE THE COMMISSIONERS WOULD HAVE IN JUDGING THESE THINGS AS THEY COME THROUGH.

ALL OF THE POINTS THAT WERE MADE WERE SOUND GOOD POINTS THAT ARE CONSIDERED IN THE JUDGMENT WE MAKE.

AND IF WE'RE CONSIDERING THOSE THAT, UM, WE SHOULD COME UP WITH A, WITH THE FAIR SOLUTION.

THERE HAS BEEN A LOT OF TIME AND ENERGY IN TRYING TO GET US TO THIS POINT.

I AGREE WITH YOU ON THAT.

THE, UM, END HAS GONE BACK AND FORTH.

I DO THINK THE, UM, FIRE PIT AREA CAN BE CLEANED UP A LITTLE BIT, BUT WE CAN DO THAT NIGHT AND THAT'S NOT A HUGE DEAL.

BUT THE, UM, BUT THE IN GENERAL, EVERYTHING ELSE I CAN LIVE WITH.

WELL, MR. I DID, I CAN ANSWER HIM.

MR. KING IF YOU WANT ME.

I OH, JUST DON'T CALL ME LATE FOR DINNER.

OUT IN THE WOODS THAT WE SAID, OKAY, THAT'S AN EXCEPTION.

I'M SORRY, MR. TIGHT.

THIS IS USUALLY WHO'S HERE.

COME ON NOW.

I THINK THE STAFF, MR. TITUS, I THINK THE STAFF DID A YEOMAN'S JOB IN, IN PUTTING THIS TOGETHER OVER THIS LAST TWO YEARS ABOUT EVERYTHING THAT WAS DISCUSSED HAS BEEN DISCUSSED OVER TWO YEARS.

UH, AND THE PEOPLE IN THE ROOM, THEY, THEY SHOULD ALSO UNDERSTAND THAT THERE'S CITIZENS OUT THERE THAT THINK SHORT TERM RENTALS SHOULD BE A MATTER OF RIGHT.

WITH SOME RESTRICTIONS PERHAPS, BUT NOT ELIMINATED AND THEN PERMITTED TO COME BACK IN.

THERE'S A, THERE'S A CONTRARY VIEW HERE, AND YOU CAN TALK ABOUT PROPERTY VALUES GOING DOWN AND ALL KINDS OF THINGS LIKE THAT, BUT THERE'S NOT A LOT OF STAT THAT I'VE SEEN THAT, THAT SUPPORTS THAT IF THAT ISSUES, UH, SO WITH RESPECT, I, IN FACT, I WAS GONNA BRING UP THAT ONE HOUSE

[00:50:01]

AND I WAS GONNA BRING UP, UH, THE BOATS THAT SIGN THAT I THINK YOU BROUGHT UP.

I IT WOULD WORK.

BUT THEY'RE NOT IN A RESIDENTIAL AREA FOR THE MOST PART.

SO THEY'RE KIND OF OUT IN THE WAY.

I DO BELIEVE WE NOTIFIED HOAS OR AT LEAST THE PEOPLE AROUND THEM.

WE DO, WE DO THAT AS A MATTER OF POLICY.

POLICY.

YEP.

ANY APPLICATION, NOT JUST TOURIST HOMES, HOME OCCUPATIONS, WHAT AVENUE? YEAH, THE DENSITY ISSUES WE WENT AROUND AND AROUND ON THAT IS, IS IT ONE PER QUARTER MILE OR ONE PER BLOCK OR ONE THROUGH FIVE MILE AREA? THERE JUST CAN'T GET A HANDLE ON THAT WHATSOEVER.

AND SO THAT KIND KIND OF COMES, THAT'S THE REASON IT WAS WORDED AND SAY, HERE'S THE PREFERRED METHOD, BUT THERE'S EXCEPTIONS THAT WE'LL ALL TAKE INTO CONSIDERATION AS WE RECOMMEND APPROVAL FROM THIS COMMISSION GOING FORWARD.

SO I THINK IT'S, IT'S AN EXCELLENT, UH, DRAFT GOING FORWARD.

MR. HALREY? I'M ACTUALLY A FREQUENT USER OF AIRBNB'S AND, UH, JUST STAYED IN ONE IN, UH, IN CALIFORNIA LAST MONTH.

UM, WHAT I LOOK FOR IN AIRBNB IS A STRONG COMMITMENT FROM THE OWNER THAT THEY'RE PRESENT, THAT THEY'RE ADDRESSING THE ISSUES, UH, THAT I MIGHT HAVE THAT, THAT THEY ANSWER THE QUESTIONS THAT I ASK OF THEM BEFORE I DECIDE TO ANSWER OR, UH, TO RENT.

THAT'S WHAT I'M LOOKING FOR.

I'M LOOKING FOR SOMEBODY WHO'S COMMITTED TO RUNNING A BUSINESS MM-HMM.

, UH, WHEN THEY COME BEFORE THIS COMMISSION.

I LOOK FOR A STRONG BUSINESS CASE WHEN I SEE THAT I'M GENERALLY IN FAVOR MM-HMM.

, WHEN I FEEL THAT THERE'S GAPS IN THAT, UH, BUSINESS CASE OR WHERE I FEEL THAT, UH, THE OWNER JUST HASN'T GOT THAT, UH, STRONG ENOUGH LEVEL OF, UH, OF INTENT, I START TO WORRY.

AND, AND THAT'S WHAT I'M TRYING TO PREVENT, UH, AS A COMMISSIONER.

UM, OVERALL I THINK THE DOCUMENT IS WELL WRITTEN.

I THINK THERE ARE, UH, SOME ISSUES.

YOU KNOW, DENSITY IS CLEARLY ONE THAT WE'VE DEBATED AND DISCUSSED A GREAT LENGTH.

UH, I I I LOOK AT FELLOW COMMISSIONERS AND SUPERVISORS TO MAKE A DECISION ULTIMATELY ON WHEN HAVE WE GOT TOO MANY IN A RESIDENTIAL AREA.

UH, THAT'S OUR, THAT'S OUR JOB.

UM, CAN YOU BUILD THAT INTO A GUIDELINE? IT, IT SEEMS NOT, IT SEEMS LIKE, UH, THERE'S JUST TOO MANY VARIABLES, TOO MANY CASES, UH, TO CONSIDER, UH, A DAUGHTER LIVING NEXT DOOR TO, UH, TO A HOME, UH, OWNED BY A RESIDENT OF SOUTH CAROLINA.

IT'S A GOOD EXAMPLE.

UM, I GIVE, I GIVE, UH, MR. CROSS CREDIT ON THAT EXAMPLE, BUT WE DO NEED TO HAVE STRONG ENOUGH GUIDELINES THAT WE CAN FALL BACK ON THEM AND ENSURE THAT THESE BU THESE BUSINESSES ARE RUN EFFECTIVELY AND SMOOTHLY AND THAT THEY'RE NOT CREATING A DISTURBANCE FOR THE COMMUNITY.

THAT'S, THAT'S THE BOTTOM LINE.

THAT'S WHAT I'M LOOKING FOR IN GUIDELINES.

UM, THE ONE THING THAT I THINK IS MISSING, IT MAY BE WITHIN THE, UM, WITHIN THE ORDINANCE, BUT, UH, I CALL IT THE TWO STRIKES RULE.

UH, WE HAVEN'T HAD A CASE OF, UH, APPROVED DMVS, UM, HAVING VIOLATIONS.

BUT WHAT IF WE DO, WHAT ARE THE ACTIONS THAT WE TAKE WHEN THERE IS A VIOLATION? UH, I THINK THAT SHOULD BE SPELLED OUT.

AND I DON'T THINK IT'S, I DON'T THINK IT'S SOMETHING THAT WE'VE REVIEWED.

SO THAT WOULD BE THE ONE CAVEAT THAT I'D LIKE, LIKE TO SEE BUILT INTO THESE GUIDELINES.

UH, IF WE GO FORWARD WITH APPROVAL, THAT PRETTY MUCH SUMMARIZES MY POINTS.

THANK YOU, MR. SMITH.

YES.

WE'RE NOT BUILDING COMPLIANCE STANDARDS.

FIRST OF ALL, I'D LIKE TO ACKNOWLEDGE AND THANK THE RESIDENTS AND THE FOLKS THAT CAME IN TODAY AND THOSE THAT HAVE BEEN DOING THIS OVER THE COURSE OF, WHAT, 18, 24 MONTHS, UH, REALLY TO BUILD THIS, THIS DOCUMENT, UH, FROM THE GROUND UP.

SO I APPLAUD YOU AND THANK YOU ALL AND, AND, AND ENCOURAGE YOU TO KEEP DOING THAT BECAUSE, UM, AS MR. KRANER SAID IT, WE, WE, OUR JOB IS TO, TO SPEAK ON YOUR BEHALF.

AND, YOU KNOW, WE'RE, WE'RE NOT BUILDING CODES.

I MEAN, WE'RE, WE'RE BUILDING GUIDELINES TO TRY TO DO WHAT'S RIGHT FOR THE RESIDENTS AND TRY TO DO RIGHT ALSO RIGHT FOR, UH, THE BUSINESS OWNERS THAT, THAT WISH TO CONDUCT BUSINESS IN OUR COUNTY AND TO SERVE THE, THE CITIZENS.

UH, SO I THINK THE DOCUMENT ITSELF HAS DONE A PRETTY GOOD JOB OF THAT.

UM, IT, IT, IT'S ALWAYS GONNA BE A WORK IN PROGRESS.

WE'RE ALWAYS GONNA BE TWEAKING IT.

WE'RE ALWAYS GONNA LEARN.

WE'RE GONNA LEARN LESSONS, WE'RE GONNA LEARN MISTAKES.

AND, AND HOPEFULLY AS A COMMISSION, IT'S OUR JOB ON YOUR BEHALF TO, TO MAKE SURE THAT WE MAKE THOSE, UH, ADJUSTMENTS.

UM, I, AGAIN, WHAT HAS ALREADY BEEN SAID BY THE OTHER COMMISSIONERS, I I AGREE WITH, UM, MAYBE THERE'S SOME OPPORTUNITY TO TWEAK SOME OF THE LANGUAGE.

UH, I DO AGREE WITH MAYBE CONSISTENT TERMS. UH, IF WE HAVE A TERM USED ONCE, IT SHOULD BE CONSISTENT THROUGHOUT THE DOCUMENT AND PERHAPS THE STAFF COULD, COULD TIGHTEN THAT UP, UH, BEFORE WE GO TO

[00:55:01]

A FINAL, UH, VOTE ON THAT.

UH, OTHER THAN THAT, I, I, I'M, I THINK WHAT WE HAVE IS, IS AS GOOD AS IT'S GONNA GET FOR NOW.

UH, AND AGAIN, I I THINK IT CAN BE ADJUSTED AND, AND MODIFIED AS NEEDED AS WE LEARN AND, AND GO FORWARD.

THANK YOU MADAM CHAIR.

THANK YOU, SIR.

SO COVERED OUR CITIZEN COMMENT.

I THINK WE'VE MOVED.

DO YOU HAVE ANY COMMENTS? I HAVE NO COMMENTS.

AND WE NEED A MOTION.

SO NOW WE MOVE TO THE PUBLIC HEARINGS.

NO, NO, NO.

NEED NEED A MOTION FOR A MOTION.

WE ASKED FOR A MOTION TO MOVE.

I MOVE FOR A MOTION ON THE APPLICATION.

MADAM CHAIR.

I'LL MAKE A MOTION THAT, UH, APPLICATION ZT 1 94 22.

YOU'RE AHEAD.

BE FORWARDED FOR APPROVAL.

THE MOTION BY MR. SMITH IS TO ADOPT PC 22 DASH 27 R TO RECOMMEND THE ADOPTION OF A SERIES OF AMENDMENTS TO SECTION 20 FOUR.ONE THROUGH 409 OF THE YORK COUNTY DOTING ORDINANCE.

THANK MADAM CHAIR, SIR.

BETWEEN NOW AND WHEN THIS GOES, THESE GO FORWARD TO THE BOARD OF SUPERVISORS, AS I INDICATED.

WE'LL, UH, GET WITH THE FIRE MARSHAL AND FIND OUT EXACTLY WHAT THE, UH, BEST LANGUAGES TO USE TO ACCOMPLISH WHAT THEY'RE TRYING TO ACCOMPLISH.

AND, UH, WE'LL RE INCORPORATE THAT INTO WHATEVER GOES FORWARD TO THE BOARD OF SUPERVISORS.

PERFECT.

THEY WILL, OF COURSE, GET A COPY OF YOUR MINUTES FROM THIS MEETING SO THEY'LL HAVE THE BENEFIT OF THE DISCUSSIONS YOU'VE HAD AND THE ISSUES THAT YOU'VE RAISED.

AND, UH, WE'LL ALSO GO THROUGH AND, AND TRY TO CLEAN UP ANY INCONSISTENCIES AS FAR AS OWNER OPERATOR, PROVIDER AND SO FORTH.

GOOD.

AS I SAY, THIS IS NOT GOING, UH, I'M 99% COMPET.

IT'S NOT GONNA GO TO THE BOARD OF SUPERVISORS IN THE NEXT MONTH OR TWO MONTHS, OR PROBABLY EVEN THREE MONTHS.

SO WE'VE GOT SOME TIME TO, TO CLEAN UP SOME OF THOSE LITTLE THINGS.

BUSINESS.

THE NEXT THING, THE WRONG SIDE.

SO IS THERE ANY OLD BUSINESS WE WISH TO DISCUSS? ANYBODY NEED TO BRING UP? NO.

[7. Old Business]

NOPE.

OUR NEW BUSINESS, WE HAVE NONE.

[8. New Business]

WE DON'T HAVE ANY.

I HAVE ONE COMMENT AS WE OKAY.

REVIEW THESE SHORT-TERM RENTALS AND TRY TO TWEAK THE REGULATIONS AT SOME POINT.

SHOULD WE BE LOOKING AT THE ACCESSORY DWELLING UNITS WITH THE SAME, UNDER THE SAME LIGHT? AND I SAW THE EYES ROLL AT THE OTHER END OF THE TABLE.

I UNDERSTAND THAT , UM, THERE'S, WELL, YOU KNOW, UH, PEOPLE COMPLAIN ABOUT THE TOURIST HOMES.

UH, THEY SHOULD HAVE BEEN AROUND FOR THE ACCESSORY APARTMENT, UH, ISSUE BECAUSE, UM, THAT WAS REALLY THE HOT ISSUE FOR MANY, MANY YEARS.

UH, BETWEEN 1990 AND I THINK 2017, WE HAD, UH, 68 APPLICATIONS FOR, UH, ACCESSORY APARTMENTS.

WE FINALLY ADDRESSED THAT ISSUE BY AMENDING THE ORDINANCE, UH, TO CLARIFY, TO MAKE IT BASICALLY TO MAKE IT EASIER FOR ACCESSORY APARTMENTS TO BE APPROVED WITHOUT GOING TO THE BOARD OF SUPERVISORS.

AND I'M A LITTLE BIT NERVOUS ABOUT OPENING UP THAT CAN OF WORMS. THE ONLY ONE, THE ONLY, LET'S NOT OPEN THE, THE WHOLE CAN OF WORMS, BUT THERE'S ONE WORM THAT'S WIGGLING OUT THAT I WANTED TO ADDRESS.

AND THAT WAS THE, UM, YOU KNOW, WHETHER THESE CAN BE USED BY FAMILY MEMBERS OR A, UM, YOU KNOW, CUSTODIAN TO THE, TO THE FAMILY OR, AND IT, AND IT, I BELIEVE IT CALLS OR A GUEST.

SO YOU'RE TALKING ABOUT THE SPECIFIC REQUIREMENT THAT THE SPECIFIC REQUIREMENTS TO WHO CAN RENT IT OUT TO AS OPPOSED TO WHETHER THEY SHOULD BE OPENED? WELL, THAT'S, THAT'S, THAT'S A BIG ISSUE BECAUSE ONE OF THE MAIN COMPLAINTS ABOUT ACCESSORY APARTMENTS WAS, UH, THE OPPORTUNITY.

PEOPLE WERE CONCERNED THAT, UH, THEY WOULD BECOME RENTAL HOMES.

IN THE, IN THE NEIGHBORHOOD.

, UH, AND YOU'D BE, YOU DOUBLING THE DENSITY

[01:00:01]

UH, AND I MEAN, SOMETHING WE CAN LOOK AT, UH, IF THE BOARD ASKS US TO BOARD OF SUPERVISORS, I MEAN THEY'RE, YOU KNOW, THEY'VE BEEN AWARE, MADE AWARE OF THIS ISSUE.

, UH, IT IS SOMETHING THAT, YOU KNOW, OF COURSE IF, IF THEY WANT US TO, WE, WE CAN TAKE A LOOK AT.

UH, CUZ THAT ISSUE IS, THAT'S SOMETHING YEP.

JUST LETTING YOU KNOW.

I NOTICED AND I WANTED TO ADDRESS IT.

, THANK YOU.

STAY FOR, PARDON? OKAY.

I JUST HAVE A QUESTION THOUGH.

THIS APPLICATION THAT'S HERE, HERE WE DO, UM, ARE WE GOING TO GET SENTENCED? MS. LIAM? WE CAN'T HEAR YOU WHEN YOU DON'T TALKING YOUR MICRO THAT, THAT THAT APPLICATION IS WHAT WE JUST, WHAT WE JUST COVERED.

UH, OKAY.

BUT DID WE AND WE ALL VOTED AND YOU ALL VOTED.

UH, SO IT'S ALL DONE.

IT MOVES FORWARD TO THE OKAY.

THE BOARD OF SUPERVISOR BECAUSE I THOUGHT MAYBE SOMEBODY WANTED TO SPEAK TO IT AND I CUT THEM OFF.

BUT WE'RE DONE WITH THAT.

OLD BUSINESS.

NEW BUSINESS.

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

STAFF REPORTS WE HAVE.

UH, YES.

UH, MADAM CHAIR, UM, AT IT'S NOVEMBER 15TH MEETING, THE BOARD OF SUPERVISORS APPROVED THE SIMS METAL SPECIAL EXCEPTION APPLICATION.

THEY DENIED THE WAYNE HARBIN TOURIST HOME APPLICATION OUT ON SHIRLEY ROAD.

UH, COMING UP NEXT WEEK ON THEIR DECEMBER 20TH AGENDA, THEY WILL CONSIDER THE JEANETTE BRADY APPLICATION FOR THE MULTI-BUSINESS, UH, PROPERTY UP THERE ON EAST ROAD SHAMBO THAT YOU ALL CONSIDERED LAST MONTH.

AND THEY WILL ALSO CONSIDER THE, UH, HOME BEAUTY SHOP APPLICATION ON VINE DRIVE THAT YOU ALL, UH, CONSIDERED LAST MONTH COMING UP ON YOUR JANUARY 11TH, 2023 AGENDA.

AND OF COURSE, THIS IS TENTATIVE, YOU KNOW, THINGS GET DEFERRED, THEY GET PULLED, THEY GET WITHDRAWNS, DIFFERENT THINGS HAPPEN.

BUT, UH, WHAT WE HAVE CURRENTLY, UH, ARE TWO APPLICATIONS.

UH, I THINK MOST OF YOU, UH, PROBABLY ALL OF YOU, UH, PROBABLY REMEMBER, REMEMBER THE MILLS MARINA APPLICATION FROM A YEAR AGO, ACTUALLY IT WAS NOVEMBER OF 2021, UH, WHERE THEY, UH, WERE ABLE TO GET THE, UH, PROPERTY ON BACK CREEK ROAD REZONED FROM RR TO W C I.

THESE ARE THE OWNERS OF MILLS MARINA.

AND, UH, THEY GOT IT.

WERE ABLE TO GET IT REZONED FOR THE PURPOSE OF, UH, PARKING BOATS ON THE PROPERTY.

EXCUSE ME.

THAT WAS A CONDITIONAL REZONING.

UH, AND SO THEY HAVE NOW SUBMITTED AN APPLICATION TO AMEND THEIR PROFFER STATEMENT FROM THAT, UH, REZONING TO ALLOW THEM TO CONDUCT, UH, BOAT REPAIRS, UH, AND SERVICING ON THE PROPERTY.

IF YOU RECALL, UH, WHEN, WHEN THE, UH, ORIGINAL APPLICATION WAS APPROVED, THEY HAD PROFFERED TO PROHIBIT CERTAIN USES THAT WOULD ORDINARILY BE ALLOWED AND WCI.

AND ONE OF THOSE WAS BOAT SERVICING AND REPAIR.

NOW THEY DECIDED THEY WANT TO DO BOAT SERVICING AND REPAIR ON THE PROPERTY INSIDE A BUILDING.

UH, AND SO THEY'VE, UH, COME BACK TO THE, UH, THEY'RE COMING BACK TO THE COMMISSION TO ASK TO HAVE THAT PROFFER REMOVED.

THE OTHER APPLICATION IS TO ZONE A 1.4 ACRE PARCEL AT ONE 11 FAULKNER ROAD.

UH, IT'S ADJACENT TO DOT RV SITE ON THE WEST SIDE OF ROUTE 17.

AND, UH, DOT RV WANTS TO INCORPORATE THAT PROPERTY INTO, UH, THEIR, UH, THEIR LAND THAT WAS PREVIOUSLY APPROVED FOR, UH, RV SALES.

AND SO THOSE ARE THE, UH, TWO APPLICATIONS ON YOUR JANUARY AGENDA.

I BELIEVE YOU GOT A COPY OF THE, UH, MEETING CALENDAR FOR NEXT YEAR IN YOUR PACKAGE.

NO SURPRISES STILL MEETING THE SECOND WEDNESDAY OF EVERY MONTH.

YES.

UH, VETERAN'S DATE DOES NOT FALL ON A WEDNESDAY THIS YEAR, SO THERE'S NO, NO CONFLICT IN NOVEMBER.

UM, SO WE JUST ASK THAT YOU, UH, SAVE THOSE DATES AND PUT 'EM ON YOUR CALENDARS SO THAT, UH, UH, YOU WON'T GET CAUGHT BY SURPRISE WHEN THE MEETINGS, UH, COME UP.

AND, UH, OTHER THAN THAT, I HAVE NOTHING TO REPORT OTHER THAN TO WISH YOU ALL MERRY CHRISTMAS, HAPPY HOLIDAYS, AND, UH, WE LOOK FORWARD TO WORKING WITH YOU AGAIN NEXT YEAR.

AND WHERE ARE YOU HEARING NO, NO, NO.

NO, NO, NO, NO.

NOTED.

HAVE COMMISSION

[10. Committee Reports]

REPORTS.

UH, WELL, WE HAVE COMMITTEE REPORTS AND, UH, MR. KING IS NOT HERE TO REPORT FOR THE OH, OKAY.

FOR THE, UH, YORK 2040 COMMITTEE.

SO I'LL GO AHEAD AND REPORT ON HIS BEHALF.

A MEETING LAST WEDNESDAY DOWN AT THE SENIOR CENTER, AND IT WAS TO TALK ABOUT THE DRAFT LAND USE ELEMENT OF THE COMP PLAN.

UH, WE DID HAVE

[01:05:01]

UH, IF YOU'RE FAMILIAR WITH THE COMP PLAN, YOU KNOW THAT THIS IS REALLY, UH, WELL, MR. KING CALLED IT THE, THE MEAT AND POTATOES OF THE PLAN.

AND THAT'S BASICALLY WHAT IT, IT IS.

I MEAN, THAT'S, THAT'S REALLY THE HEART OF THE, OF, OF THE COMPLAIN.

SO IT'S A BIG, UH, IT'S A BIG DOCUMENT.

IT'S ON THE WEBSITE IF YOU WANNA REVIEW IT.

UH, YORK 20 FORTY.COM.

UH, WE DID NOT MAKE OUR WAY ALL THE WAY THROUGH IT.

AS I SAY, IT'S A LONG DOCUMENT, COVERS A LOT OF TERRITORY.

AND SO, UH, WE WILL MEET AGAIN JANUARY 4TH AND, UH, PICK UP WHERE WE LEFT OFF TO TALK ABOUT, UH, LAND USE IN THE COUNTY.

AND THAT'S ALL I HAVE, I DON'T THINK.

[11. Commission Reports and Requests]