Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript


[1. Call to Order]

[00:00:24]

CALL TO ORDER, UM, PLANNING, COMMISSION MEETING MAY THE 10TH.

OKAY.

UM, ROLL CALL.

I'M GOING TO, WELL FIRST WE'RE GONNA READ THE CODE OF VIRGINIA.

CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION PURPOSE OF WHICH IS TO ADVISE THE BOARD OF SUPERVISORS ON LAND USE AND PLANNING ISSUES AFFECTING THE COUNTY.

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

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

SO IF WE COULD ASK FOR THE ROLL CALL.

MR. HOMERO? HERE.

MR. TITUS.

MR. LIDO? HERE.

MR. KING? HERE.

MR. KREER? HERE.

MR. SMITH? HERE.

MR. PETERMAN? HERE.

MADAME CHAIR.

YOU HAVE A QUANTUM.

THANK YOU, MA'AM.

UM, NOW

[4. Approve Minutes – April 12, 2023]

WE'RE GOING TO MOVE ON TO THE APPROVAL OF THE MINUTES, BUT I, OH, I'M SORRY.

WE HAVE TO DO THE PLEDGE.

I PLEDGE, PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL MAY BE SEATED.

SO, UM, WE'RE GONNA GO GO TO THE APPROVAL OF THE MINUTES.

I'M GOING TO ASK COMMISSIONERS IF THEY HAVE ANY CHANGES, ADDITIONS, OR DELETIONS TO THE MINUTES.

MR. HOLROYD.

MADAM CHAIR, ON PAGE, UM, FIVE, AS WE WERE DISCUSSING THE ARBORDALE, UM, UH, DISCUSSION, UH, MR. CROSS RESPONDED THAT THE COUNTY WOULD LOOK INTO STREET LIGHTS, BUT DIDN'T THINK THAT VDOT WOULD MAKE ANY MODIFICATION TO THE INTERSECTION IN THE ABSENCE OF DOCUMENTED SAFETY PROBLEM.

I HAD RESPONDED TO THAT, THAT WE SHOULDN'T WAIT, BE WAITING FOR AN ACCIDENT, AND THAT THE COUNTY SHOULD, UH, RES, SHOULD, UH, APPROACH VDOT FOR A TRAFFIC STUDY ON THAT, ON THAT CORNER.

IF WE COULD MAKE THAT CORRECTION, I'M FINE WITH THE REST OF THE MINUTES.

DO WE NEED TO MAKE A MOTION FOR THAT OR WILL THAT JUST HAPPEN? NO, SIRS.

WELL, YOU JUST NEED TO VOTE ON THE, THE MINUTES AS AMENDED.

OKAY.

DO YOU HAVE SOMETHING AS WELL, RIGHT.

SEE IF THERE'S ANY OBJECTION? NO, I'M FINE.

OKAY.

I MAKE A MOTION THAT WE, UH, APPROVE THE, UH, MINUTES AS, UH, AS, UH, CORRECTED.

SECOND.

NO, WE, NO SECOND.

THE MOTION BY MR. HOK IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON APRIL 12TH, 2023 AS AMENDED.

MR. HORO? YES.

MR. KING? YES.

MR. KRANER ABSTAIN.

MR. SMITH? YES.

MR. PETERMAN? YES.

MS. LIDO? YES.

THE MOTION PASSES.

THANK YOU.

WE NOW MOVE INTO THE CITIZEN COMMENTS COMMENT PERIOD.

UM, AND THIS OF COURSE BE AN OPPORTUNITY FOR CITIZENS TO COME FORTH ON ANYTHING THAT'S ON THE AGENDA, NOT ON, NOT ON, NOT ON THE AGENDA.

WAIT, YES, NOT ON THE AGENDA.

NOT ON THE AGENDA.

IS THERE ANYBODY THAT HAS ANYTHING TO COME FORWARD? NOPE.

MOVE ON.

WE'LL MOVE ON TO THE PUBLIC HEARING.

UM, AND EACH APPLICATION HAS A SEPARATE PUBLIC HEARING, THE ORDER OF WHICH IS DESCRIBE MOVE.

OKAY.

THE APPROPRIATE STAFF MEMBER YOU'RE GONNA MAKE.

OKAY.

AND

[Application No. ZM-196-23, Carson Group, LLC: Request to amend the York County Zoning Map by reclassifying a 1.4-acre parcel (GPIN R07a-1457-3862) located at 111 Faulkner Road (Route 1231) from R20 (Medium Density Single-family Residential) to GB conditional (General Business). The property is designated Medium Density Residential and General Business in the Comprehensive Plan. The R20 district is intended to provide opportunities for medium density single-family residential development. The GB district is intended to provide opportunities for a broad range of commercial activities. The Medium Density Residential designation is intended to provide opportunities for single-family detached housing having a maximum density of 1.75 dwelling units per acre. The General Business designation is intended to provide opportunities for retail and other commercial uses oriented primarily toward supplying goods or services for a community or regional market. The applicant has proffered the use of the property for recreational vehicle sales and display without body work or painting.]

THE FIRST TWO APPLICATIONS ARE GOING TO BE JOINED, IS THAT, AM I CORRECT? YES, MA'AM.

ON THAT, MA'AM? YEAH.

OKAY.

YEAH, WE'LL HAVE APPLICATION NUMBER ZM 1 96 DASH 23, UM, AND THEN APPLICATION NUMBER UP 1004 DASH 23, WHICH IS BASICALLY CONTINGENT UPON THE, UM, APPROVAL OF THE REZONING REQUEST.

UH, SO THE FIRST REQUEST IS TO AMEND THE ZONING MAP FOR ONE 11 FAULKNER ROAD FROM R 20 TO GB CONDITIONAL.

AND THEN THE SPECIAL USE PERMIT REQUEST IS TO AUTHORIZE RECREATIONAL VEHICLE SALES AND DISPLAY USE WITHOUT

[00:05:01]

BODY WORK AND PAINTING, UM, ON THE ENTIRE THREE PARCELS, WHICH IS ONE 11 FAULKNER ROAD AND 69 0 3 AND 69 0 9 GEORGE WASHINGTON MEMORIAL HIGHWAY.

UH, JUST TO GIVE YOU A LITTLE BACKGROUND ON THIS APPLICATION, IN DECEMBER, 2007, UH, THE BOARD OF SUPERVISORS DID APPROVE AN APPLICATION, UH, FOR A, UH, REZONING OF THE TWO FRONT PARCELS, THE 9 69 0 3, AND 69 0 9 FROM GB AND R 20.

THE FRONT PART WAS GB, THE BACK PART WAS, UM, R 20, UH, TO A GB CONDITIONAL, WHICH, UH, WAS FOR BASICALLY A RETAIL CENTER OFFICE SPACES, AND IT DID PROHIBIT CERTAIN USES, AND THERE WAS A 35 FOOT TRANSITIONAL BUFFER.

THIS WAS THE APPROVED PLAN AT THAT TIME.

UH, ROUTE 17 BEING OUT HERE, AND THEN FAULKNER ROAD.

UH, THEY DID HAVE A LOT OF PROFFERS THERE.

THE FIRST ONE THERE WAS THAT 35 FOOT TRANSITIONAL BUFFER AND THEN DIFFERENT USES, UM, THAT THEY WERE PROHIBITED TO USE.

AND THO THOSE WERE FOR THOSE TWO, UM, PARCELS ON 17.

UH, THIS WAS ALSO PART OF IT.

AND ONE THING I DO WANT TO NOTE IS THIS, UM, THE, THE TRANSITIONAL BUFFER HERE COMES ACROSS AND WOULD ALSO BE ACROSS HERE, WHICH WAS TO PROTECT ONE 11 FAULKNER ROAD, WHICH WAS THE PARCEL ONE SHOWN HERE ON THIS MAP.

UM, THIS APPLICATION IS REQUESTING THAT, THAT THAT PROFFER BE MOVED AWAY SO THAT THEY DON'T HAVE TO PUT A TRANSITIONAL BUFFER IN HERE IF THEY WERE TO PUT ALL THE PROPERTIES TOGETHER INTO ONE.

UM, ADDITIONALLY, IN 2018, THE UH, BOARD APPROVED A SPECIAL USE PERMIT FOR, UH, ALLOWING THOSE TWO GENERAL BI, UM, 69 0 3 AND 69 0 9, UH, TO BE USED FOR RECREATIONAL VEHICLE SALES, WHICH IS THE CURRENT APPLICANT.

UH, SO THEY WERE APPROVED IN 2018.

THIS IS THE SITE PLAN.

UH, SO YOU CAN SEE IT'S JUST THE TWO PARCELS.

IT DOESN'T INCLUDE THE ONE OVER HERE, WHICH IS 11 FAULKNER ROAD.

UH, THEY DID HAVE AN ACCESS ARRANGEMENT WITH THIS PLAN HERE ALONG THE BACKSIDE OF IT.

AND, UH, MOST OF THE PARKING WAS OUT HERE ALONG 17, WHICH MADE SENSE WITH THE BUILDING FURTHER BACK ON THE SITE.

SO LATER IN 2018, ONCE THEY HAD THEIR APPROVAL, THE APPLICANT REQUESTED TO TEMPORARILY USE THIS SITE, UH, WHILE THEY HAD A RELOCATION OF WHAT'S CALLED COUNTRY LANE, WHICH IS A PRIVATE DRIVE.

SO ON THE EXISTING DOT RV PROPERTY WHERE THEIR MAIN LOCATION THERE, WHERE IT'S THE FENCED AREA, UM, THERE USED TO BE A PRIVATE LANE THAT WENT BETWEEN IT AND THE DENTIST OFFICE.

UM, IT WAS CALLED COUNTRY LANE.

AND TO ALLEVIATE THE, THOSE CITIZENS HAVING TO DRIVE THROUGH THE BUSINESS LOCATION THEY WANTED, THEY ADJUSTED IT AND ACTUALLY CREATED A NEW ENTRY FURTHER DOWN ON FAULKNER FOR THEM TO COME THROUGH.

AND THEN THAT WAY THAT WOULD TOOK THEM OUT OF HAVING TO DEAL THROUGH THE PROPERTY.

SO IN THAT MEANTIME, THEY ASKED IF THEY COULD UTILIZE THE 69 0 3 AND 69 0 9 PROPERTIES FOR PARKING, UH, THEIR RVS.

AND THEY WERE ALLOWED TO DO THAT.

UM, BUT IT WAS WITH THE UNDERSTANDING THAT THEY WOULD SUBMIT FOR A SITE PLAN, UH, APPROVAL PROCESS IN WHICH THEY DID.

THEY DID SUBMIT A SITE PLAN IN MARCH OF 2020, UM, AND IT WAS REVIEWED AND, AND SENT BACK TO THEM, BUT NEVER FINALIZED AT THAT POINT.

BUT THE APPLICANT HAS STILL BEEN USING THE SITE, UM, FOR, FOR THE STORAGE OF OUR DIFFERENT RVS.

SO THAT KINDA GIVES YOU JUST A QUICK BACKGROUND AND CATCHES YOU UP TO PRESENT.

UM, SO THESE ARE THE, THE PARCELS UNDER QUESTION, THE ONE IN GREEN, THE TWO IN GREEN, SORRY, THE TWO IN GREEN ARE THE GENERAL BOOT USE, GENERAL BUSINESS USE, UM, THAT ARE SHOWN IN RED THERE WITH THE OUTLINE IN GREEN.

UM, THAT'S WHERE THE 2018 WAS APPROVAL WAS.

SO THEY, THEY'RE APPROVED TO HAVE RV SALES IN THAT LOCATION RIGHT NOW WITHOUT A PROBLEM.

UH, THE BLUE PARCEL, WHICH IS ONE 11 FAULKNER ROAD, IS A RESIDENCE THAT ACCESSES, AND YOU CAN SEE THE ROADWAYS THERE.

UM, ONE GOING TO 17 AND ONE GOING OUT TO FAULKNER ROAD, UM, TO, TO ACCESS IT.

UM, SINCE THEN, THE APPLICANT HAS PURCHASED THE ONE 11 FAULKNER ROAD PROPERTY, AND THAT'S WHAT THEY'RE HERE TONIGHT FOR, IS TO ASK FOR A REZONING OF THAT PROPERTY AND THEN TO COMBINE THE THREE INTO ONE SPECIAL USE PERMIT FOR THE RV SALE.

SO WE'LL GET INTO THE DETAILS OF THAT NOW, BUT, UH, JUST, JUST SO YOU HAVE SOME IDEA OF WHAT WE'RE TALKING ABOUT, THE, UH, YELLOW IS R 20, THAT'S A MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT.

AND THEN, UH, THE, THE RED IS THE GENERAL BUSINESS.

SO YOU CAN SEE GENERAL BUSINESS PRETTY MUCH ON THREE SIDES WITH THE R BACKING UP TO THE, THE NEIGHBORHOOD, THE FAULKNER ROAD NEIGHBORHOOD THERE BEHIND IT.

OKAY.

AND I TALKED A LITTLE BIT ABOUT THIS PROPERTY.

SO THIS IS JUST A, UH, UP CLOSE OF THE FAULKNER ROAD PROPERTY.

IT'S A 1.4 ACRE PROPERTY, UH, ABOUT A 2040 SQUARE FOOT HOME ON THERE RIGHT NOW.

SINGLE FAMILY HOME AS A CARPORT, A GARAGE, AND WAS BUILT IN AROUND 1985.

UM, SO THAT JUST GIVES YOU THAT.

AND THEN LOOKING HERE AT THE LARGER PROJECT,

[00:10:02]

UM, WE TALKED ABOUT THE SURROUNDING ZONING THERE, AND THEN WE'LL GO, THIS IS THE COMPREHENSIVE PLAN.

SO WHENEVER WE HAVE A REZONING, UM, REQUEST, WE ALWAYS GO TO THE LONG RANGE PLAN.

AND THIS IS THE COMPREHENSIVE PLAN.

SO YOU CAN SEE THE PROPERTY HIGHLIGHTED IN BLUE 11 FAULKNER ROAD, A PORTION OF IT, A TRIANGLE PIECE IS, IS SHOWN IN THE GENERAL BUSINESS DESIGNATION, AND THEN THE REST OF IT IS SHOWN IN THE R UH, MEDIUM DENSITY DESIGNATION.

SO IT IS KIND OF SPLIT, UH, BUT IT KIND OF MAKES SENSE THAT IT SHOULD PROBABLY GO WITH THAT OTHER, THAT OTHER, UM, PROPERTY.

ALL RIGHT, NOW LOOKING AT THE AERIAL, UM, AGAIN, I'VE HIGHLIGHTED THE PARCELS.

UM, THE YELLOW IS THE EXISTING 2018 APPROVAL, UH, FOR THE RV SALES.

UH, NO BODY WORK, NO PAINTING, UH, ALL THE SERVICE WOULD BE, UH, AT THE ADJACENT PROPERTY.

AND THEN IN RED IS THE FAULKNER ROAD.

UM, AND AS I SAID, THEY, UH, THE, THE INTENTION IS TO KIND OF COMBINE ALL THREE INTO ONE USE, UH, FOR ALLOWANCE.

SO USES SURROUNDING IT.

SO TO THE NORTH YOU CAN SEE THE RV STORAGE FOR DOT RV.

NOW, UH, THIS IS THEIR EXISTING LOCATION.

I HAD KIND OF MENTIONED THAT COUNTRY LANE.

SO YOU CAN SEE RIGHT HERE WHERE MY ARROW IS GOING.

THIS IS WHERE COUNTRY LANE, THE PRIVATE DRIVE USED TO GO.

AND NOW IT GOES OUT HERE.

UH, THE APPLICANT HAS BUILT THIS ON HIS PROPERTY, UH, TO TRY TO MAKE IT EASIER FOR THE RESIDENTS THAT LIVE BACK HERE ON COUNTRY LANE TO GET THROUGH.

AND SO HE WAS TEMPORARY, ALLOWED TO PARK HIS RVS OVER HERE TO MAKE ROOM SO THAT HE COULD, HE COULD DO THAT.

UM, AND THAT'S KIND OF WHAT HE'S BEEN DOING.

UM, SO THE REAR IS, UH, MOST IS ALL SINGLE FAMILY HOMES ALONG FAULKNER ROAD AND ALONG TEBO, UH, ROAD.

AND THEN OUT ON 17 YOU'VE GOT THE S T I, UM, TURF CARE EQUIPMENT HERE RIGHT ALONG ALONGSIDE OF IT.

AND THEN ACROSS 17, YOU'VE GOT, UM, WATERS EDGE CHURCH, UH, THE NEW DENTIST OFFICE, AND THEN AUTO BROKERS, UM, ACROSS THE INTERSECTION THERE.

SO LEMME JUST GIVE YOU JUST A QUICK TOUR AROUND THE SITE.

SO THIS IS STANDING OVER IN WATERS EDGE CHURCH.

YOU CAN SEE THE STI UM, HERE.

UM, THE, UH, TURF SHOP HERE.

YOU CAN SEE THE TRADE, YOU KNOW, A LOT OF THE RVS ARE PARKED OUT THERE.

UM, THIS IS, UM, STANDING IN ON COUNTRY LANE, THE NEW COUNTRY LANE.

LOOKING BACK, AND I THOUGHT THIS WAS A GOOD PICTURE BECAUSE IT SHOWS YOU THAT THE RESIDENTIAL HOMES ON FAULKNER ROAD, AND THEN THERE'S ALREADY SOME GREEN LANDSCAPING BACK THERE.

AND THEN YOU CAN SEE THE USE.

UH, WHEN WE GET TO THE PLAN, YOU'LL SEE THAT THERE'S MORE, YOU KNOW, THERE IS A TRANSITIONAL BUFFER HERE, BUT THEN THERE'S ALSO A BMP.

SO THE ACTUAL COMMERCIAL USE IS GONNA BE PUSHED BACK PRETTY FAR FROM THE HOMES.

UM, AND THERE'S ALSO SOME FENCING, THINGS OF THAT NATURE.

THIS IS STANDING IN THE, UM, THE EXISTING FAULKNER ENTRANCE FOUR RV.

SO I'M STANDING ON THE OPPOSITE SIDE OF FAULKNER ROAD FROM THE APPLICATION.

LOOKING OVER, YOU CAN KIND OF SEE THERE'S A, A FIRE HYDRANT RIGHT HERE.

SO THIS IS ABOUT WHERE THE NEW ENTRANCE WILL COME INTO FAULKNER ROAD.

UH, THEY WILL HAVE TO MOVE THAT FIRE HYDRANT OF COURSE, BUT, UH, THIS IS THE GENERAL AREA AND WHERE THAT'S GONNA, SO IT WILL MATCH UP WITH THIS TO, TO MAKE THAT ALIGNMENT THERE.

THIS IS THE SINGLE FAMILY HOME BACK IN THAT PROPERTY.

THIS IS ONE, ONE FAULKNER ROAD.

SO YOU CAN SEE THE, THE, UM, HOME THERE, CARPORT AND GARAGE.

UM, AND THEN TURNING AND LOOKING UP TOWARDS 17.

THIS IS THE T STI TURF EQUIPMENT SALES BUSINESS.

UM, THEY DO HAVE A CHAIN LINK FENCE BACK HERE, SEPARATING THE TWO PROPERTIES AND THEN MOVING UP AND LOOKING BACK TO WHERE I WAS JUST STANDING, UH, SO THE 17 IS IN MY BACK.

UM, SO YOU CAN GET A GOOD LOOK AT THE PROPERTY.

AND THEN ACROSS 17, SO IT'S A VERY LARGE PROPERTY, UM, ALREADY APPROVED FOR, FOR THE USE ON AT LEAST TWO OF THE PARCELS THERE.

EXCUSE ME.

SO THIS IS THE, UH, SKETCH PLAN THAT THE APPLICANT SUBMITTED.

UM, JUST TO GIVE YOU A FEW HIGHLIGHTS.

SO ROUTE 17 IS OUT HERE ON THE FAR END FAULKNER ROAD HERE.

UM, THEY'LL HAVE, UH, MAIN DISPLAY AREA RIGHT ALONG 17, AND THEN A, UH, 8,500 SQUARE FOOT BUILDING, OR NO, SORRY, 8,000 SQUARE FOOT BUILDING.

UM, AND THEN A SECOND FLOOR ON THAT BUILDING OF ABOUT 2,500 SQUARE FEET, WHICH WOULD BE OFFICES, THINGS OF THAT NATURE.

UH, PARKING FOR CUSTOMERS HERE IN THIS GENERAL AREA.

AND THEN BACK HERE BY THE HOME, THEY PROPOSED, UM, RV DISPLAY, RVS DISPLAY AREA HERE.

UH, THEIR PLAN IS TO UTILIZE THE HOME AND THE CARPORT AND THE GARAGE FOR STORAGE.

SO IT WILL NO LONGER BE A RESIDENCE.

IF, IF THIS GOES ALL THE WAY THROUGH THE PROCESS, IT WILL BE CHANGED TO STORAGE ONLY.

UM, THAT'S WHAT THEY'VE, UH, PROFFERED AND THAT'S WHAT THEY, UM, WE HAVE PUT WITHIN THE CONDITIONS.

ALSO,

[00:15:01]

UM, I KIND OF ZOOMED INTO THE ENTRANCE, THE ACCESSWAY.

SO, UH, FAULKNER ROAD WILL BE THE MAIN ACCESS FOR THIS.

THEY WILL HAVE A RIGHT IN OR A RIGHT OUT ONLY EXIT ONTO 17.

AND THIS IS MAINLY FOR, YOU KNOW, PEOPLE WHO ARE DRIVING THE AR BIG RVS TO GET OUT A LITTLE EASIER, UM, ON THE SITE.

UM, AND THEN LET ME ZOOM INTO THE BACK PORTION.

SO I HIGHLIGHTED THE YELLOW IS IS THE RESIDENTIAL AREA.

AND I REALLY WANTED TO FOCUS IN ON THE, UM, THE BUFFER HERE.

SO THE APPLICANTS ARE PROPOSING TO PUT IN A 35 FOOT BUFFER.

THEY'VE, UH, PROFFERED THAT IN THEIR DOCUMENTS TO US.

THEY'VE ALSO PROFFERED TO PUT IN A, UH, OPAQUE FENCE, UM, ALONG THE WHOLE, THE WHOLE AREA FOR THE RESIDENTIAL AREA.

SO THEY'LL HAVE A FENCE ADJACENT TO THE COMMERCIAL AREA.

AND THEN GREEN BETWEEN THE FENCE AND THE PROPERTIES OF THE RESIDENTIAL AREA.

STAFF, EXCUSE ME, STAFF'S A LITTLE CONCERNED WITH HOW CLOSE THE DISPLAY AREA HERE IS TO THE COM, THE RESIDENTIAL AREA.

UM, OVER HERE ON THIS SIDE, YOU'VE GOT THE, UH, B M P COME ON, MOUSE.

MY MOUSE ISN'T WORKING.

UH, YOU'VE GOT THE, UH, BMP HERE ON THE FAR LEFT SIDE.

UM, AND SO THAT HELPS BUFFER THOSE HOMES.

SO WE, WE HAVE, UH, PUT A CONDITION OF APPROVAL THERE.

IT GOES, UM, TO REQUIRE, UH, 50 FOOT TRANSITIONAL BUFFER IN THIS AREA JUST TO KIND OF PUT SOME ADDITIONAL, UM, SCREENING AND BUFFERING AGAINST THESE RESIDENTIAL HOMES HERE.

UH, WE FIGURED THEY NEEDED AS MUCH PROTECTION AS, AS THE AREA OVER ON THIS SIDE DID.

THE APPLICANT HAS ALSO, UM, PROPOSED, HE HAS THESE LITTLE GRADE COLORED AREAS HERE THAT I'M KIND OF HIGHLIGHTING.

UM, STAFF FEELS THAT THOSE SHOULD, UH, THEY'RE, THEY'RE, THEY'RE NOTED AS GRADE OUT PARKED, YOU KNOW, AREAS MAY BE JUST PAINTED OUT THERE.

UH, BUT WE FEEL THAT THEY SHOULD BE LANDSCAPED AREAS.

SO WE DID PUT A CONDITION APPROVAL IN THERE THAT THOSE AREAS NEED TO BE LANDSCAPED, THAT THEY JUST CAN'T BE PAINTED LINES OUT THERE.

THEY NEED TO BE LANDSCAPED.

AND THEN THE LAST THING I WANT TO NOTE ON THE PLAN IS THIS, THIS LITTLE, UM, ACCESS DRIVE HERE THAT'S, UM, NEAR THE BMP.

UH, THE APPLICANT STATED THAT THEY, UH, NEEDED THIS TO ALLOW FOR IF, EXCUSE ME, SOME WATER APOLOGIES, UM, THAT THEY WANTED TO USE.

UM, HAVE THIS IN HERE FOR IF SOMEONE PULLED THEIR RV IN HERE THAT THEY COULD NAVIGATE THROUGH THE SITE TO BE ABLE TO GET BACK OUT WITHOUT HAVING IN HERE.

THEIR, THEIR PLAN IS TO DISCOURAGE PEOPLE FROM COMING IN HERE BECAUSE THIS IS REALLY FOR NEW BUYERS.

SOMEONE WHO'S LOOKING TO BUY A NEW RV, THE SERVICE IS ON THE OTHER SIDE, BUT IN CASE THEY WANTED TO HAVE SOME KIND OF WAY FOR THEM TO BE ABLE TO MANEUVER THROUGH THE SITE.

THE SITE IS ALSO IN THE WATERSHED MANAGEMENT PROTECTION AREA.

UH, THIS AREA IS BASICALLY TO PROTECT OUR RESERVOIRS.

SO THIS ONE WOULD PROTECT THE HARDWOOD MILLS RESERVOIR.

JUST KEEPS THE WATER PLANT SUPPLY FROM, UH, D DEGRADATING.

AND, UH, BASICALLY IT LIMITS FUEL STORAGE, HAZARDOUS MATERIALS AND REQUIRES ANY TRASH DUMPSTERS TO BE UNDER ROOF, THOSE KINDS OF THINGS.

THE APPLICATION IS IN THE ROUTE 17 CORRIDOR, SO IT DOES HAVE ARCHITECTURAL COLOR GUIDELINES THAT THEY HAVE TO COMPLY WITH.

UM, THIS IS THE BUILDING RENDERING THEY, THEY SENT TO US.

SO FROM THE FAULKNER ROAD SIDE, THIS IS WHAT IT WOULD LOOK LIKE.

AND THEN FROM THE ROUTE 17 SIDE, UM, IT IS A GRAY SEAM METAL ROOF WITH, UH, STUCCO AND, UM, ROCK, ROCK USAGE THERE, A VERY, UM, NICE LOOKING BUILDING.

UM, AND DOES MEET THE CORRIDOR GUIDELINES.

UH, ONE PIECE IN THE ROUTE 17 CORRIDOR IS THAT YOU SHOULDN'T HAVE ANY LARGE BAY DOORS AND THEY'RE NOT REALLY LABELED ON HERE, BUT THEY DO HAVE THESE TWO LARGE AREA HERE, UM, THAT, UH, WE DON'T KNOW WHAT THEY ARE, BUT THEY'RE, THEY WOULDN'T BE ALLOWED TO BE BAY DOORS, SO THEY CAN'T DRIVE VEHICLES IN AND OUT OF THIS, UM, THE BUILDING THROUGH, THROUGH RIGHT HERE WITHOUT HAVING SOME KIND OF SCREENING.

UH, THIS IS A VERY LOW TRAFFIC GENERATOR.

UH, THE APPLICANT, UH, THE, THE IT MANUAL, THE CLOSEST WE COULD GET IS MAYBE CAR SALES.

UH, A NEW CAR SALES BUSINESS HAS ABOUT 267 WEEKDAY DAILY TRIPS WITH A PEAK HOUR IN THE MORNING OF 18 TRIPS AND 22 IN THE EVENING.

WE FEEL LIKE A RE RV SALES WILL GENERATE A LOT LESS TRAFFIC THAN A CAR DEALERSHIP.

SO, UM, WE DON'T FEEL LIKE IT'S GONNA BE A PROBLEM, UM, ANY MORE THAN THE CURRENT, YOU KNOW, IT, AGAIN, IT'S CURRENTLY ALLOWED BY A SPECIAL USE PERMIT THAT WAS APPROVED IN 2018.

SO, STAFF'S RECOMMENDATION WHETHER OR NOT,

[00:20:01]

UM, YOU APPROVE THE SPECIAL USE PERMIT, STAFF BELIEVES, UM, CHANGING THE ZONING TO THAT PROPERTY, WHICH IS AN ISOLATED RESIDENTIAL PROPERTY BEHIND COMMERCIAL PROPERTY, UM, SHOULD BE ALLOWED.

THE APPLICANT HAS SUBMITTED PROFFERS FOR SCREENING AND BUFFERING.

UM, AND SO WE FEEL IT'S CONSISTENT WITH MERGING THOSE THREE PROPERTIES TOGETHER AND NOT ALLOWING FOR, UM, OR, YOU KNOW, ALLOWING THAT RESIDE POTENTIAL USE TO GO AWAY AND HAVE MORE OF A COMMERCIAL OPERATION THERE.

THE, UM, THE LOCATION ON A, ON ROUTE 17 IS, IS IDEAL FOR THIS KIND OF USE.

UM, THE GENERAL BUSINESS CLASSIFICATION DOES ALLOW THAT ALONG WITH OTHER COMMERCIAL USES.

UH, WE FEEL LIKE THE CONDITIONS IN THE SPECIAL USE PERMIT WILL PROTECT THE, UM, THE RESIDENTIAL PROPERTY ALONG FAULKNER ROAD AND TERREBONNE ROAD, UM, AND, AND GIVE THEM ASSURANCE OF NOT BEING IMPACTED BY A COMMERCIAL USE.

AND THIS IS NOT A VERY LOUD OR, UM, UH, INAPPROPRIATE USE CUZ YOU KNOW, VEHICLES, THEY'RE NOT GONNA BE WORKED ON OR ANYTHING LIKE THAT.

SO THERE SHOULDN'T, THERE SHOULD NOT BE ANY NOISES OR SMOKE OR ODOR OR ANYTHING LIKE THAT THAT WOULD HAMPER, UM, THE RESIDENTIAL AREA.

ADDITIONALLY, THEY ARE MEETING, THEY'RE ROUTE 17 CORRIDOR OVERLAY, UH, QUALITY STANDARDS.

SO THEY ARE, UH, UH, THEY HAVE, UH, GIVEN A LOT OF GOOD THINGS THAT WILL MAKE, MAKE IT A NICE DEVELOPMENT.

SO SETH IS RECOMMENDING THAT YOU APPROVE, UM, THIS, UM, OR RECOMMEND APPROVAL ON THIS REZONING APPLICATION AND SPECIAL USE PERMIT.

SO YOU DO HAVE TWO RESOLUTIONS.

THE FIRST ONE, PC 23 DASH THREE IS FOR THE REZONING REQUEST.

AND THAT'S THE FIRST ONE YOU WOULD ACT ON.

AND THEN AFTER YOU ACT ON THAT ONE, THEN YOU WOULD ACT ON THE SPECIAL USE PERMIT ONE FOR PC 23 DASH FOUR, AND I'M HAPPY TO ANSWER ANY QUESTIONS.

THE APPLICANT IS HERE ALONG WITH THE OWNER, UM, ALONG WITH, UH, HIS, YOU SWITCHED SIDES ON THE, UH, HIS ATTORNEY AND, UH, THEIR COMMERCIAL BUILDER.

SO A QUESTION FOR, ALL RIGHT, ANY QUESTIONS? SORRY.

OKAY.

DO ANY COMMISSIONERS, WE'RE GONNA START OVER HERE.

GO AHEAD, DOUG.

I HAD A COUPLE QUESTIONS FOR, UH, MR. ANDERSON.

SURE.

UH, FIRST OF ALL, THE, UM, I THINK YOU REFERRED TO IT, BUT THE RV MAINTENANCE OCCURS ON THE OPPOSITE SIDE, ON THE DOT RV SIDE? YES, SIR.

YEAH.

OKAY.

SO THERE'S NO MAINTENANCE ON THIS SIDE? IT'S NOT ALLOWED, YEAH, IT'S NO, NO MAIN NO VEHICLE MAINTENANCE.

CORRECT.

YOU, YOU DIDN'T DISCUSS IT, BUT IS THERE AN HOURS OF USE, UH, LIMITATION? UM, I DON'T THINK WE DID, LET ME DOUBLE CHECK THE CONDITIONS OF APPROVAL.

UM, MIGHT HAVE A, I KNOW THEY SAID IN THEIR LETTER, THEIR NARRATIVE, UM, I DON'T SEE ANYTHING IN THERE.

LET ME CHECK THE NARRATIVE REAL QUICK.

UH, YEAH, THEIR NARRATIVE SAYS HOURS OF OPERATION FROM 8:00 AM TO 6:00 PM MONDAY THROUGH SATURDAY AND CLOSED ON SUNDAY.

SO IT'S NOT A CONDITION OF APPROVAL, BUT WE DO REFERENCE ALL THE DOCUMENTS.

SO IT WOULD HAVE, IT WOULD BE TIED TO THAT.

OKAY.

AND ONE FINAL QUESTION.

UH, DUNSMORE SUBDIVISION, HAVE YOU HAD ANY NEIGHBORHOOD FEEDBACK AGAINST THIS PROPOSAL? I HAVE NOT RECEIVED ANY FEEDBACK FROM ANY NEIGHBORS.

I MEAN, WE SENT LETTERS AND HAD THE SIGN POSTED, UM, OUT FRONT AND ON FAULKNER, BUT, UH, I, I HAVE HEARD NOTHING FROM THANK YOU.

FROM ANYONE.

THANK YOU.

YOU'RE WELCOME.

ANY OTHER QUESTIONS? GOOD.

OKAY, THEN WE'RE GONNA OPEN THE PUBLIC MEETING.

UM, APPLICANT.

THE APPLICANT.

APPLICANT.

I'M SORRY, HERE WE GO.

THINK THE APPLICANT IS THE APPLICANT HERE? YEAH.

IS THE APPLICANT HERE? YEAH, MIKE.

WES HERE.

WE'RE WE'RE HERE.

IF, IF POSSIBLE I MAY, I RECOMMEND IF I BELIEVE THESE LADIES MAY HAVE SOME COMMENTS.

OKAY.

IT MAY BE BENEFICIAL IF THEY HAVE COMMENTS THAT I MIGHT FOLLOW UP ADDRESS THOSE COMMENTS.

SO YOU'D RATHER THEY SPEAK FIRST? I'D RATHER THEY SPEAK FIRST.

I CAN ADDRESS ANY CONCERNS THEY MAY.

THAT'D BE FINE.

UM, WE HAVE CHARLOTTE, KENDALL.

HMM.

GOOD EVENING.

I WAS SPEAKING, I WAS GOING TO SPEAK TONIGHT.

HE SAID HE DIDN'T WANT TO AT THIS MEETING, HE SAID YES MA'AM.

WE'LL NEED YOUR NAME AND ADDRESS FIRST.

I'M SORRY.

CHARLOTTE KENDALL.

OKAY.

2 0 9 FAULKNER ROAD, UHHUH, YORKTOWN, VIRGINIA 20 3006 92.

OKAY.

I AM A NEIGHBOR OF THE SAID TWO 11 PROPERTY.

MM-HMM.

I LIVE AT RIGHT THERE.

2 0 9.

AND UH, I UNDERSTAND IT IS OWNED BY THE CARSON GROUP LLC LOCATED AT TWO 11 FAULKNER ROAD.

YOU HAVE ALL THE INFORMATION UP THERE THAT THIS GENTLEMAN PRESENTED.

I DON'T NEED TO

[00:25:01]

RESTATE IT.

UH, WHAT I AM CONCERNED ABOUT IS MY PROPERTY HERE AND TWO 11 IS THERE, WILL THERE BE A BUFFER SO I DON'T HAVE TO SEE ALL THAT STUFF? OR YOU JUST COME DOWN SO FAR AND CUT ACROSS WHERE DOT RV WILL MAINTAIN FOR THEIR PROPERTY? THAT'S ONE QUESTION I'D LIKE TO ASK.

OKAY.

UM, ANOTHER QUESTION I'D LIKE TO ADDRESS IS YOUR GREEN SPACE.

TO ME IT IS POSITIVELY AN EYESORE.

I HAVE TO SEE THIS EVERY DAY.

NOBODY MOWS BACK THERE.

NOBODY TAKES CARE OF THE DEBRIS BACK THERE.

I HAVE TO LOOK AT THIS.

THIS HAS BEEN GOING ON FOR 12 YEARS.

WHEN THIS PROPERTY WAS SOLD IN 2011, THE PROPERTY OWNERS THAT HAD THIS BEFORE MAINTAINED THIS PROPERTY AND IT WAS BEAUTIFUL AT ALL TIMES.

DOT RV, I'M SORRY TO SAY, DOES NOT MAINTAIN THE PROPERTY ALONGSIDE THE FENCE, BE BEHIND FAULKNER ROAD.

UH, OUR PROPERTIES ADJACENT TO FA OR ADJACENT TO RV.

I UNDERSTAND THAT THERE WILL BE AGREE, UH, THERE WILL BE A BUFFER GO UP.

IT DOES NOT CONCERN MY PROPERTY, WHICH IS ON THE OTHER SIDE OF OF DOT RV PROPERTY.

AND THAT'S WHAT I'D LIKE TO KNOW.

I AM SORRY TO SAY THAT.

UM, I RESPECT DOT RV AND I AM THANKFUL THAT THEY WILL BE HONORABLE TO ERECT WHAT THEY SAID THEY WAS GOING TO DO AND CLEAN UP WHAT THEY SAID THEY WAS GOING TO DO.

UM, MY PERSONAL OPINION, THIS PROPERTY SHOULD BE COMPLETELY FINISHED BEFORE, UH, UH, PETE, YOU FINISH WITH THE SET AESTHETICS BEFORE APPROVAL FOR FURTHER DEVELOPMENT.

HOW WOULD YOU GUYS LIKE SEEING THIS UNKEPT PROPERTY EVERY DAY? I SEE IT EVERY DAY AND IT'S A MESS.

THANK YOU MA'AM.

ALL OF US ON FAULKNER ROAD NEXT TO ART DOT RV.

I'M TALKING ABOUT THE HOUSE IS RIGHT HERE.

TIME.

CAUSE YOU'RE OUTTA TIME.

HMM? YOUR TIME IS FINISHED, MA'AM.

OH, OKAY.

YOU WANT ME TO FINISH OR NOT? IT'S ONLY SENTENCE.

OKAY.

MAINTAINS THEIR PROP TO PERFECTION.

THANK YOU MA'AM.

THANK YOU.

THANK YOU.

THIS IS THE NEXT ONE.

OKAY, SO OUR NEXT SPEAKER IS SHARON SHIELDS 2 0 9 FAULKNER.

OKAY, GREAT.

MY NAME IS SHARON SHIELDS AND I'M HERE ON BEHALF OF MY MOTHER, CHARLOTTE KENDALL.

AND, UM, TO HOLD YORK COUNTY AND TO HOLD DOT RV ACCOUNTABLE FOR THE PROMISE TO ERECT THE TRANSITIONAL BUFFER.

PRIOR TO BEFORE EVEN CONSIDERING MAKING ANY OTHER CHANGES BECAUSE OF THE SAFETY.

UM, THEY PROMISED TO ERECT THE OPAQUE FENCE LIGHTING AND NICE LANDSCAPING FOR SAFETY AND AESTHETICS AS THEY EXPAND THEIR BUSINESS IN OUR NEIGHBORHOOD.

I'M ALL FOR PROGRESS, BUT I ALSO AM ALL FOR THE FACT THAT MY PARENTS PURCHASED THIS HOME AT 2 0 9 FAULKNER ROAD AND THE TWO ADJACENT PROPERTIES TWO 11 AND TWO 13 FAULKNER ROAD AS A LEGACY TO THEIR FAMILY AND, UM, AS GOOD NEIGHBORS.

WE SHOULD KEEP THIS IN MIND.

THANK YOU.

THANK YOU.

OKAY, WE HAVE JANE LLOYD, 3 0 4 FAULKNER 3 0 1.

EXCUSE ME MA'AM.

GOOD EVENING.

I'M JANE LLOYD, 3 0 1 FAULKNER ROAD.

I'M A NEIGHBOR OF, UH, CHARLOTTE KENDALL AND SHARON SHIELDS.

AND UM, I'M ALSO CONCERNED ABOUT THE, UM, FOR LACK

[00:30:01]

OF A BETTER WORD, THE HOG LOT THAT IS BEHIND MRS. KENDALL'S HOUSE.

EVER SINCE DOT RV HAS BEEN USING THAT SPACE.

THEY DON'T CLEAN IT.

THEY DON'T GET THAT SHRUBBERY AND THERE'S ROTTEN TREES AND WE HAVE TO LOOK AT NO BUFFER.

WE HAVE TO LOOK AT ALL THOSE RVS ALL THE TIME AND DEAL WITH TRAFFIC GOING IN AND OUT OF THERE.

AND IT IS, IT IS SOME TRAFFIC.

IT'S PEOPLE COMING OUT OF THE OTHER SIDE OF THE ROAD AND YOU KNOW, THEY DON'T ALWAYS STOP.

SO THESE POOR LITTLE FOLKS OVER HERE ON FAULKNER ROAD, UM, WE HAVE TO MAKE A, UM, WE HAVE TO STOP FOR THEM.

AND, UM, IT, IT'S JUST, I KNOW THAT PROGRESS IS COMING.

I KNOW THAT THEY'RE WANT TO DO A, A REALLY NICE BUILDING THERE, BUT THEY NEED TO THINK ABOUT THE PEOPLE WHO LIVE ON FAULKNER ROAD.

CAUSE WE ALL HAVE TO LOOK AT THAT MESS.

AND MY PERSONAL OPINION IS IT MIGHT BE BETTER IF, IF, UM, THEY, UH, PARCEL IT OUT TO SMITH PILL FOODS.

CAUSE YOU'VE ALREADY GOT THE HOG LOT BACK THERE.

THANK YOU.

THANK YOU MA'AM.

OKAY.

ARE THERE ANY OTHER CITIZENS? GO AHEAD SIR.

AND YOUR NAME.

MAKE SURE YOU STATE YOUR NAME.

MY NAME IS KEVIN AFFY.

I LIVE AT 2 0 3 TERRABONNE IN YORKTOWN.

RIGHT.

UH, BEHIND THE ONE 11 FAULKNER ADDRESS.

MM-HMM .

AND, UH, I'M PLEASED THAT WE HAVE BUSINESS IN YORKTOWN AND THAT WE'RE DOING GOOD THINGS IN THIS COUNTY AND I HAVE NO PROBLEM AT ALL WITH DOT RV.

I DON'T SEE, UH, THE MESS THAT SOME OF THE OTHER NEIGHBORS SEE, BUT I DO SEE THE RVS, YOU KNOW, RIGHT BEHIND OUR YARD AND WE HEAR SOME OF THE LOUD SPEAKERS GOING ON.

BUT, UH, MY BIGGEST CONCERN WAS, UM, UH, THE BUFFER.

I BELIEVE, IF I'M NOT MISTAKEN, THAT DOMINION OWNS A SECTION BEHIND MY HOUSE AND ONE 11 FAULKNER.

THERE'S A RIGHT OF WAY THERE I THINK.

SO YOU WERE SAYING IT'S 50 FEET, THEY WERE TALKING ABOUT A BUFFER.

YES, BETWEEN LIKE MY PROPERTY LINE AND THE UH, ONE 11.

OKAY.

BUT I THINK THE FENCE WOULD BE, UM, DEFINITELY NEEDED.

UH, A PRIVACY FENCE.

I DON'T KNOW WHAT HEIGHT IT SHOULD BE.

I WOULD THINK, YOU KNOW, 12 TO 15 FEET WOULD BE NICE.

PLUS A NICE FENCE SO THAT WE'RE NOT LOOKING IN AN ICEO AS WELL.

AND WITH THAT BUFFER THEN A 50 FEET, I ASSUME THE FENCE WOULD BE ON THE OTHER SIDE OF THE 50.

WE NOW WOULD HAVE CLEANUP RESPONSIBILITIES FOR THE TREES AND STUFF RIGHT BEHIND MY YARD, WHICH I TRY TO DO ANYWAY.

BUT, UH, I JUST WANTED TO UNDERSTAND, UH, KNOW THAT WE WOULD HAVE, UH, THAT TRANSITIONAL AREA AND FENCING THAT WOULD GO UP, UH, AS MY, MY NEIGHBORS FROM THE NEXT NEIGHBORHOOD, UH, BEFORE ANY OTHER STUFF HAPPENED THAT SHOULD GO UP.

LIKE FIRST THING IS THOSE PRIVACY FENCES.

SO THANK YOU FOR YOUR TIME.

THANK YOU SIR.

OKAY.

IS THERE ANYONE THAT DIDN'T SIGN UP OR THAT'S IT? EVERYBODY'S GOOD? OKAY.

SO WE'RE GONNA BACK TO THE A THE APPLICANT WE'RE GOING TO, UM, GO TO THE APPLICANT NOW IS THAT MR. WEIR REPRESENTING GOOD EVENING, MIKE WEIR.

I'M AT 4,000 GEORGE WASHINGTON.

UH, I'M AN ATTORNEY IN, IN THE COUNTY FOR QUITE A FEW NUMBER OF YEARS.

I'M HERE ON BEHALF OF DO RV.

GOOD EVENING TO ALL OF YOU.

UM, I'VE BEEN ALSO INVOLVED IN THIS IN A VERY LONG TIME AND I THINK WHAT YOU'VE HEARD FROM THE COUNTY IS THE PRESENTATION IS VERY ACCURATE.

DOT RV HAS BEEN BEEN IN OVER BACKWARDS.

THE RELOCATION OF THAT COUNTY ROAD WAS VERY IMPORTANT.

SO A LOT OF THAT, THOSE, UH, UNITS HAD TO BE RELOCATED SO THAT THAT STREET WAS BUILT, RELOCATED ON THE BACK OF THAT ADJOINING PROPERTY.

THIS FAULKNER PROPERTY WAS A HOUSE THAT FOR SOME REASON OR WHATEVER WAS BUILT BEHIND THE OLD MARSHALL ENGINE SHOP, WHICH IS STILL COMMERCIAL PROPERTY AND IT'S LANDLOCKED.

THE ONLY WAY TO GET TO IT WAS BY AN EASEMENT ACROSS.

AND SO WE HAD BEEN WORKING QUITE HANDILY WITH THE PRIOR OWNER.

AND, AND TO HIS BENEFIT, HE UNDERSTOOD THAT HE DIDN'T WANT TO HAVE A RESIDENTIAL LOCATION THAT WAS LANDLOCKED BEHIND DOT RV WITH A ACCESS DRIVEWAY.

SO IT TOOK QUITE A BIT TO ACQUIRE IT.

UH, HE DIDN'T WANNA BE, UH, FORCED TO MOVE IN A, IN A QUICK FASHION.

BUT I THINK THE ADDITION OF THAT PROPERTY TO THE COMMERCIAL PROPERTY THAT DOD CURRENTLY HAS ADDS A COUPLE OF BENEFITS.

ONE, IT

[00:35:01]

GIVES MORE GREEN, MORE SPACE TO MOVE THE UNITS TO.

IT ALLOWED US TO ENLARGE THE RETENTION POND AND BASICALLY ADDRESS THOSE CONCERNS CUZ IT IS IN KIND OF A WATERSHED AREA.

UM, THE FENCE TO THAT GENTLEMAN'S CONCERNS IS SUPPOSED TO BE SIX FOOT.

WE'VE SPOKEN WITH THE COUNTY, IT'S GONNA BE A WOOD FENCE.

IT'S NOT GONNA BE CHAINLINK FENCE WITH ANY SLATS IN IT.

SO IT'S GONNA BE A, UH, WELL DESIGNED FENCE AS TO THOSE OTHER LADIES AND THEIR CONCERNS ABOUT TRASH.

MR. DOD IS HERE TONIGHT AND HE SAYS HE'S GOT A COMMERCIAL LANDSCAPER SLASH UH, UH, GRASS CUTTING COMPANY THAT IS SUPPOSED TO BE TAKING ALL THAT AND HE'LL CHECK, CHECK INTO IT, BUT HE HASN'T NOTICED ANYTHING OF GRAVE CONCERN BACK THERE.

AND THE OTHER PART OF IT IS, I WOULD HAVE TO ADMIT THAT UH, WE HAVE TRIED TO LEAD THE TRANSITIONAL AREA A LITTLE BIT, UH, LESS MANICURED BECAUSE THE EXPECTATION IS WITH THAT 35 FOOT BUFFER, YOU WANT AS MUCH GROWTH AND TREES AND OTHER THINGS TO GROW IN THERE.

SO IF YOU GOT SOME SMALL SAPLINGS THAT THEY, THEY WOULD START COMING INTO PLAY BEFORE WE STARTED DEVELOPING.

UH, THERE'S BEEN SOME DELAYS, A LOT OF WHICH WAS BECAUSE, UH, WE'VE EXPLORED EVERYTHING FROM THE, UH, GRIDS WHERE YOU HAVE THE FLOW THROUGH WITH WATER FLOWING THROUGH IT AND THAT THEIR ABILITY TO SUPPORT THE RVS AND THE WEIGHT.

ALSO THE FACT THAT THESE UNITS, YOU HAVE A LOT OF PEOPLE THAT ARE BUYING BRAND NEW 40 FOOT UNITS IN THEIR, IN THEIR LATER YEARS LIKE I GUESS MYSELF.

AND SO THEY HAVE NOT HAD A WHOLE LOT OF TIME TO DRIVE AND OPERATE THROUGH.

SO YOU HAVE TO TAKE THAT IN CONSIDERATION, ESPECIALLY WHEN A LOT OF PEOPLE DON'T REALIZE THAT THEY'RE TOWING THEIR LITTLE UNIVERSAL HOME BEHIND.

IT DOESN'T BACK UP.

IT, IT DOESN'T, UH, FACILITATES THAT.

SO A LOT HAS BEEN GOING INTO TO MAKE THIS THING VERY ACCESSIBLE.

THERE'S NOT GONNA BE ANY REPAIRS, THERE'S NOT GONNA BE ANY PAINTING, THERE'S NOT GONNA BE ANY, UH, NOISE MAKING ACTIVITIES OVER THERE WHATSOEVER IS BASICALLY GONNA BE SALES STAFFS AND UNITS.

I I CAN UNDERSTAND THESE PEOPLE'S CONCERN ABOUT SEEING THE UNITS AT THE PRESENT TIME, BUT THAT WAS KIND OF AN ACCOMMODATION BETWEEN DOD AND THE COUNTY TO ADDRESS THE OTHER CONCERNS ACROSS THE STREET.

CUZ THERE IS CONSIDERABLE NUMBER OF HOMES BEHIND DOT RV DOWN THAT, UH, COUNTRY ROAD.

IF YOU HAVE ANY QUESTIONS, I'M MORE THAN HAPPY TO ANSWER 'EM.

BUT I THINK THE COUNTY'S DONE A VERY GOOD JOB AND I WOULD SAY THEY'VE ALSO WORKED WELL WITH US IN TRYING TO MAKE A PRESENTATION.

OKAY, GENTLEMEN? YES SIR.

YES.

UM, MUCH OF THIS PROPERTY IS UM, UH, WHAT IS SHOWN ON THE DIAGRAM IS GOING TO BE HARDSCAPE.

AND CURRENTLY RIGHT NOW IT IS NOT HARDSCAPE, SO THERE'S GOING TO BE A LARGE AMOUNT OF STORM WATER RUNOFF.

UH, I DON'T THINK FOR ONE THING THAT YOUR BMP IS GONNA BE LARGE ENOUGH FOR THAT, ESPECIALLY WITH THE SLOPE OF THE PROPERTY.

AND I WOULD LIKE TO RECOMMEND THAT YOU LOOK INTO A MORE PERMEABLE SURFACE THAN WHAT YOU SHOW HERE AS ASPHALT, WHICH IS NOT PERMEABLE AT ALL.

IT IS NOT, BUT IT'S ALSO SUPPORTS THE STRUCTURES OF THE, THE UNITS.

I DO HAVE THE, THE ENGINEERING GROUP HERE AND THE CALCULATIONS THAT I'VE BEEN TOLD ARE THAT THE RETENTION PONDS ARE ADEQUATE WITH REGARD TO THAT AND THAT THEY DO HAVE THAT CALCULATED YOU MORE THAN HAPPY IF YOU WOULD LIKE TO ADDRESS THAT WITH HIM.

CAUSE I'M, I HAVEN'T DONE THE CALCULATIONS.

WOULD YOU LIKE FOR HIM TO SPEAK? NO.

OKAY.

I MEAN, I I, WHEN YOU DO THE SITE PLANNING, YOU ALL HAVE TO DO ALL OH YES.

THE ENGINEERING WORK AND, UH, A AS I AM STATING NOW, WHAT I SEE HERE ON THE BM P I DON'T THINK WILL BE ADEQUATE.

WELL, I, I I WILL TELL YOU THAT WITH DONALD DAVIS WHEN WE WERE WORKING WITH HIM, THERE WAS NUMEROUS CALCULATIONS TAKEN INTO CONSIDERATION AND ONE OF THE DRIVING FACTORS FOR THE FAULKNER PROPERTY WAS TO TRY TO GET AS MORE GREEN SPACE AS WE COULD MM-HMM.

SO THAT THE BMP COULD BE ENLARGED WHEN YOU HAVE TO OF COURSE ACQUIRE NEW DIRT, YOU HAVE TO ENLARGE BMP, BUT IT WAS ABLE TO ABSORB MORE WITH THE PERIMETER AND THE 35 AND THE 50 FOOT BUFFERS, ET CETERA, ET CETERA.

I'VE BEEN ASSURED THAT IT WILL ACCOUNT FOR IT, BUT I'M SURE THE COUNTY WILL MAKE SURE THAT OUR CALCULATIONS ARE ACCURATE BEFORE WE STICK A, A SHOVEL IN THE GROUND.

YEAH.

SO IT'S JUST A SUGGESTION TO LOOK AT A MORE PERMEABLE SURFACE.

I WILL TELL YOU THAT WE SPENT A SIGNIFICANT AMOUNT OF TIME, WE EVEN WENT TO BAY CREEK OVER ON THE EASTERN SHORE BECAUSE THEY HAVE THAT PERMEABLE SURFACE THAT COLLECTS AND HAS THE RETENTION UNDERGROUND WITH THIS, THE WEIGHT OF THESE UNITS, IT WAS NOT, IT JUST SAID IT WASN'T FEASIBLE.

UH, THE COST WAS A LITTLE BIT MORE, NOT SIGNIFICANTLY MORE IN THE CALCULATIONS OF THE, OF THE COST OF THE PROJECT, BUT BE BASED UPON THE PRODUCT THAT'S SOLD.

THEY SAID IT WOULDN'T HOLD UP TO IT.

WE'D BE BA BASICALLY CREATING A DISASTER.

OKAY.

SO THANK YOU SIR.

NO PROBLEM.

[00:40:01]

MR. ANY QUESTION? YEP.

YEAH.

MR. KING, UM, SWEAR, UM, OBVIOUSLY THE BUFFER IS AN ISSUE AND THE RESIDENTS UH, BROUGHT THAT UP.

UM, YOU TALKED ABOUT SAPLINGS GROWING IN A, THE TRANSITIONAL BUFFER IS A PLANTED BUFFER, CORRECT.

THAT'S GONNA HAVE TO BE APPROVED BY THE COUNTY AND DOT RV'S GONNA HAVE TO SELECT CERTAIN TREES AND BUSHES, ET CETERA, TO PLANT IN THE TRANSITIONAL BUFFER.

CORRECT? YES.

AND I, AND MY UNDERSTANDING IS, IS THAT DOT RV WILL BE RESPONSIBLE FOR MAINTAINING THAT BUFFER? CORRECT? BECAUSE THAT'S A CRITICAL ISSUE WE'VE HEARD FROM THE CITIZENS THAT TODAY APPARENTLY, UM, THAT THE AREA BETWEEN THEIR HOMES AND THE DEALERSHIP IS NOT ADEQUATELY BEING MAINTAINED.

SO IF I'M CLEAR FROM OUR COUNTY STAFF AND FROM YOURSELF, MR. WARE, UM, THAT THIS TRANSITIONAL BUFFER WILL HAVE TO BE MAINTAINED BY THE PROPERTY OWNER, THE DEALERSHIP, UM, IN PERPETUITY, IF I'M, IS THAT CORRECT, MR. RETURNING? THEY'RE REQUIRED TO FOLLOW THE REQUIREMENTS OF THEIR APPLICATION AND THE ZONING ORDINANCE, WHICH THAT'S RIGHT.

ENTAILS.

UH, OKAY.

SO I JUST WANT TO CITIZENS TO, TO UNDERSTAND THAT DOT RV WILL BE RESPONSIBLE FOR PLANTING, MAINTAINING THE, THE TRANSITIONAL BUFFER, THE 50 FOOT AND A 35 FOOT, AND THE COUNTY WILL BE RESPONSIBLE UNDER AND TO MAKE SURE THAT IT'S DONE CORRECTLY AND MAINTAINED.

AND YOU'LL HAVE AN AVENUE TO, UM, TO TALK WITH THE COUNTY IN CASE YOU FEEL LIKE THE BUFFER'S NOT BEING MAINTAINED.

SO I JUST WANNA MAKE SURE THAT, THAT THAT IS BEING ADDRESSED AND YOU'RE ABSOLUTELY ACCURATE ON THAT.

THE, THE, THE LAND, ALTHOUGH IT'S A BUFFER ZONE, STILL BELONGS TO DOT RV AND SO THEY'RE REQUIRED TO MAINTAIN IT.

THE, THE FENCING WILL BE LOCATED FURTHER AWAY FROM THEIR PROPERTY SO THAT THAT WILL BE THE SCREEN THAT'S OUTSIDE OF THAT BUFFER ZONE.

THE BUFFER ZONE WILL HAVE TO BE MAINTAINED OTHERWISE COATS COMPLIANCE AND OTHER ORDINANCES WITH TOO LONG OF GRASS, WHATEVER WILL, WOULD BE COMING INTO PLAY.

CORRECT.

THEY ARE GONNA BE REQUIRED TO PLANT CERTAIN NUMBER OF TREES, SAPLINGS, ET CETERA, ET CETERA, WITHIN THAT BUFFER ZONE TO QUALIFY.

I JUST WANNA MAKE SURE THEY UNDERSTAND THAT AND THAT THEY'LL BE RESPONSIBLE AND OUR HOMEOWNER THAT JUST SPOKE NOT GONNA BE RESPONSIBLE FOR GOING AND MAINTAINING YES.

ANY OF THE BUFFER AREAS.

SO THAT WON'T BE YOUR WORK, IT'LL BE THE DEALERSHIP'S WORK.

YES, SIR.

OKAY.

UM, AND I THINK THAT'S ALL THE QUESTIONS I HAVE.

THANK YOU CHAIRMAN.

CHAIRMAN .

THANK YOU.

A COUPLE QUICK QUESTIONS.

UH, REGARDING THE, THE FENCE, IT SIX FOOT SEEMS PRETTY SMALL FOR A MORE INDUSTRIAL APPLICATION LIKE THIS, ESPECIALLY WITH THE TYPE OF VEHICLES THERE IS HER CONSIDERATION TO MAKE THAT A TALLER FENCE THAN SIX FEET.

I MEAN, THAT'S MORE LIKE A RESIDENTIAL TYPE.

HONESTLY SPEAKING, WE HAVE NOT, I MEAN, RIGHT NOW WE'VE BEEN BASICALLY WORKING WITH WHAT THE COUNTY WAS ASKING OF US.

AND I THINK THAT'S WHAT I MEAN IS ALSO INVOLVED IN THE ENGINEERING GROUP.

AND YOU KNOW, THE OTHER PRIMARY CONCERN IS IT'S GONNA BE WOOD.

SO I MEAN, YOU KNOW, IF IT'S NOT AN INDUSTRIAL FENCE, IT'S WOOD FOR AESTHETIC PURPOSES, YOU START INCREASING THE SAIL AREA AND THE WIND COMES THROUGH, YOU'RE GONNA HAVE THE ISSUES OF WILL, WILL, WILL WITHSTAND THAT.

SO I MEAN, I, I GUESS THERE'S A COMPROMISE TO GET SOMETHING THAT IS BENEFICIAL TO THE COMMUNITY LOOKING AS, YOU KNOW, I WOULD RATHER SEE A WOOD FENCE THAN THE CHAIN LINK WITH THE, WITH THE STEEL SLAPS.

I DON'T KNOW IF, IF DURING THE SITE PLANNING, IF YOU CAN CONSIDER THAT, UM, AND EVEN IF IT'S A MATTER OF ELEVATION, UH, THE DITCH LINES OR WHATEVER, WHERE THE FENCE WOULD BE PUT AT THE ELEVATION COULD BE RAISED ANOTHER FOOT OR SO TO ACCOMMODATE THAT.

JUST TO, TO CLEAR THE AESTHETIC VIEW OF, OF WHAT THOSE RESIDENTS HAVE.

UH, ANOTHER THING WAS, I DON'T RECALL IT BEING ADDRESSED, WAS THE LIGHTING, UH, FOR THE SITE ON THE, ON THE SIDE WHERE THE NEIGHBORS WILL BE.

CAN YOU TALK A LITTLE BIT ABOUT, I HAVE SPOKEN TO THE ENGINEERING ON THAT.

ALL THE LIGHTING ON THAT, ON THE PERIMETERS WILL BE FACING IN BOARD TOWARD THE SITE.

THERE WILL, THERE'LL BE MINIMAL LIGHT THAT'S GOING INTO THE TRANSITIONAL ZONE, SO NO PURPOSE FOR IT, NUMBER ONE.

NUMBER TWO, IT'S OFFENSIVE AND BASICALLY YOU'RE REALLY TRYING TO LIGHT THE SITE.

OKAY.

SO THAT HAS BEEN TAKEN INTO CONSIDERATION WITH THE ENGINEERING GROUP.

THANK YOU.

THE, THE FINAL ONE WAS WHEN I HEARD A COMMENT MADE ABOUT, UH, THE, UH, NOISE THAT COMES FROM THE, UM, I GUESS LOUDSPEAKERS THAT ARE ON THE LOT.

UM, LIKE A LOT OF CAR DEALERS HAVE, UH, IN A RECENT, UH, CAR DEALERSHIP APPLICATION THAT WE HAD, THAT WAS ONE OF THE CONSIDERATIONS WAS THAT THEY WERE GOING TO NOT USE, UM, LOUDSPEAKER SYSTEMS. THEY WERE GONNA USE CELL PHONES OR RADIOS OR WHATEVER.

UM, I, I WOULD SUBMIT THAT THAT WOULD BE A GOOD CONSIDERATION TO CONSIDER IN, IN, IN YOUR FINAL PLAN SO THAT YOU DON'T HAVE THAT NOISE FACTOR FOR THE RESIDENTS, UH, THAT LIVE BACK THERE.

I I, I KNOW THAT RIGHT NOW IT'S JUST A FIELD WITH UNITS ON IT, SO THERE IS

[00:45:01]

NO, UH, UNLESS THEY'RE USING, YOU KNOW, SOMEBODY SPEAKING OVER SURE.

HANDHELD UNIT.

I, I KNOW THERE IS NO ACTUAL APPARATUSES THAT ARE IN PLACE.

OKAY, GREAT.

THAT'S ALL THAT I HAVE MR. HOLING, MR. WHERE I HAD A SAME QUESTION NON FENCING.

I JUST WONDERED IF A LOT WORK, UH, TYPE, UH, AT THE TOP OF YOUR SIX FOOT FENCE WOULD WORK.

IT'S NOT, IT DOESN'T HAVE THE WIND LOADING THAT, UH, THAT YOU TALKED ABOUT.

YEAH, I I MEAN I, IT WOULD, IT'S MORE DECORATIVE, BUT IT WOULD CERTAINLY MEET I THINK THE INTENT OF WHAT THE, THE NEIGHBORS ARE ASKING FOR.

RIGHT.

AND, AND YOU KNOW, WE'RE NEVER GONNA HAVE A A CLOSED MIND TO ANYTHING.

YEAH.

SO WE'RE, WE'RE ALL HERE AND I THINK, I THINK EVEN THE COUNTY WILL, WILL CONCEDE, YOU KNOW, THERE'S BEEN A LOT OF POSITIVE RELATIONSHIP BETWEEN THE TWO.

SO WE'RE HERE BASICALLY TRYING TO MAKE SURE THAT WE'RE A GOOD NEIGHBOR.

I THINK DOT RV AND ITS PRESENT LOCATION'S BEEN A GOOD NEIGHBOR AND I DON'T THINK YOU'LL EXPECT THEM TO BECOME A BAD NEIGHBOR WITH THE DEVELOPMENT FROM THE, UH, SOUTHERN SIDE OF THIS PROPERTY.

THANK YOU.

THAT'S ALL I HAD.

OKAY.

THANK YOU SIR.

ORDER SURE.

THANK YOUR PARDON? OH, I'M SORRY.

ONE, GO AHEAD.

QUICK COMMENT.

SURE.

YES SIR.

MR. KING.

UH, I, I JUST, THIS IS JUST FOR THE RESIDENCE.

UM, IN MY UNDERSTANDING, THE COUNTY HAS A A, A CODE WHICH REQUIRES THAT ALL LIGHTING, UH, BE RETAINED ON THE SITE, NO SPILLOVER INTO THE ADJACENT HOMES, THEIR PROPERTY.

SO ALL THE LIGHTING HAS TO BE ENGINEERED PROPERLY, SO IT'S SHINING DOWN AND IT CANNOT BLEED OVER THE SITE.

SO, UH, THAT WILL BE ADDRESSED DURING THE SITE PLAN REVIEW OF THEIR, UH, OF THE, OF THE PROPOSAL HERE.

SO JUST WANT TO HELP THE RESIDENTS UNDERSTAND THAT THAT'S A REQUIREMENT.

CORRECT.

SO THEY CAN'T SHINE IT ON THE LIGHT ON THE, IN THE, IN THE, UH, IN THE HOMES NEXT TO 'EM.

IT CANNOT BE THAT WAY.

SO RIGHT.

FROM A LEGAL STANDPOINT, IT'S NO DIFFERENT THAN WATER TRESPASS.

IT'S A LIGHTING TRESPASS.

THAT'S RIGHT.

IT BECOMES AN OFFENSIVE NATURE.

SO IT'S, IT'S BEEN LOOKED AT AND ALREADY DESIGNED AROUND.

THAT'S ALL I HAVE.

THANK YOU VERY MUCH.

THANK YOU.

I DO HAVE A QUESTION OR A COMMENT ACTUALLY THAT SOMEONE COMES BACK AND ADDRESSES THESE LADIES.

I MEAN, THEY CAME HERE.

I WILL SPEAK TO 'EM AFTER PLEASE.

FINE.

THANK YOU VERY MUCH.

THANK YOU.

OKAY, SO WE CAN CLOSE THAT.

I'VE LOST MY COIN.

CLOSE THE PUBLIC HEARING AND WE'RE GONNA CLOSE THE PUBLIC HEARING AND WE'LL MAKE A MOTION.

ANYBODY WANNA MAKE A MOTION? YOU WANT DISCUSSION? GO AHEAD.

ANYBODY HAVE ANY COMMENTS? WELL, I, I MEAN THE APPLICATION IS PRETTY THOROUGH AND IN, IN, UH, FROM WHAT I HAVE SEEN THAT THERE HASN'T, I MEAN, I HAVEN'T SEEN OPPOSITION, UH, TO THE APPLICATION FROM THE RESIDENTS OR CONCERNS THAT OBVIOUSLY YOU ALL HAVE EXPRESSED.

I THINK THE, UH, THE APPLICANT HAS CERTAINLY HEARD THAT AND SEEKS OPPORTUNITY TO ADDRESS THOSE.

AND IT IS A PROPERTY IMPROVEMENT AND I THINK IT MAKES SENSE FOR THIS PORTION OF THAT ZONING, WHICH WAS ALREADY PARTIALLY INCLUDED INTO, UM, TO THAT REZONING.

UM, SO I WOULD BE IN SUPPORTIVE OF, OF THIS APPLICATION.

OKAY.

UH, CALL.

ANYBODY ELSE WANNA ME MAKE A COMMENT? OTHERWISE, DO WE CALL FOR A MOTION? I JUST WANNA MAKE A COMMENT.

ABSOLUTELY, YES.

I, YOU KNOW, IT'S MY OPINION, I THINK WITH, UM, WITH THE CONDITIONS IN THE USE PERMIT AND WHAT THE APPLICANT HAS PROFFERED, I THINK THE RESIDENTS ARE GONNA GET A BETTER SITUATION OUT OF THIS.

THEY'RE GETTING A A, A, A PLANTED TRANSITIONAL BUFFER, WHICH IS GONNA REDUCE SOME OF THE VIEWS.

YOU'RE GONNA GET THE FENCE, UM, AND I THINK IT'S GONNA SOLVE SOME OF THE PROBLEMS THAT YOU ALREADY HAVE.

THE KEY IS, IS THAT THE, THE COMMITMENT FROM, UH, DO RV TO ENSURE THAT IT'S DONE ACCORDING TO THE SITE PLAN AND THAT THE COUNTY FOLLOWS UP ON THAT.

AND I THINK IF THEY DO, SO THIS IS A BENEFIT TO EVERYONE HERE IN, IN ADDITION TO THE COUNTY AND, UM, I'LL BE IN SUPPORT OF THE, UH, PROPOSAL.

OKAY.

WHAT, DO YOU WANNA MAKE A MOTION NOW OR DO YOU HAVE ANY, ANY OTHER DISCUSSION? GOOD, NO.

GOOD.

I'LL MAKE A MOTION FOR APPROVAL OF, UH, PC 23 DASH THREE CALL MOTION BY, GO AHEAD.

I'M SORRY.

THE MOTION BY MR. SMITH.

IT'S TO ADOPT PC 23 DASH THREE TO RECOMMEND APPROVAL OF AN APPLICATION TO AMEND THE YORK COUNTY ZONING MAP AT 11 NER ROAD.

MR. KING? YES.

MR. KREER? YES.

MR. SMITH? YES.

MR. PETERMAN? YES.

MR. HOREY? YES.

MS. LIAM? YES.

THE MOTION PASSES ME.

MAKE A MOTION ON THE SECOND ONE.

SECOND ONE.

OKAY.

[Application No. UP-1004-23, Carson Group, LLC: Contingent on approval of the rezoning application above, this application is a request for a Special Use Permit, pursuant to Section 24.1-306 (Category 12, No. 5a) of the York County Zoning Ordinance, to authorize the establishment of a recreation vehicle sales and display use without body work and painting on a 6.5-acre site located at 6903 and 6909 George Washington Memorial Highway (Route 17) and 111 Faulkner Road, respectively (GPINs R07a-1449-4220, R07a-1610-4256, and R07a-1457-3862). The Route 17 properties are zoned GB (General Business) and are designated General Business in the Comprehensive Plan. The Faulkner Road property, which is the subject of the rezoning application listed above, is zoned R20 (Medium Density Single-family Residential) and designated Medium Density Residential and General Business in the Comprehensive Plan.]

THEN WE'LL MOVE TO THE SECOND.

MADAM CHAIR, MAKE A RECORD YES.

OR MOTION THAT, UH, WE PRESENT, UH, WHICH ONE IS PC 23 DASH FOUR, UH, FOR APPROVAL? THE MOTION BY MR. SMITH IS TO ADOPT

[00:50:01]

PC 23 DASH FOUR TO RECOMMEND APPROVAL OF A SPECIAL YOUTH PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A VEHICLE SALES WITHOUT BODYGUARD AT ONE 11 FAULKNER ROAD.

MR. KING? YES.

MR. KRAINER? YES.

MR. SMITH? YES.

MR. PETERMAN? YES.

MR. HOY? YES.

MISLEAD HIM? YES.

THE MOTION PASSES U

[Application No. UP-1009-23, Donald & Theresa Newsom: Request for a Special Use Permit, pursuant to Section 24.1-306 (Category 1, No. 6) of the York County Zoning Ordinance, to authorize the establishment of a tourist home on a 0.3-acre parcel (GPIN G13b-2567-4171) located at 1203 Wilkins Drive (Route 720). The property is zoned R13 (High Density Single-Family Residential) and is designated High Density Residential in the Comprehensive Plan.]

1 0 0 9 DASH 23.

OKAY.

READY? GOOD EVENING.

SO THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME IN AN EXISTING SINGLE FAMILY DETACHED DWELLING LOCATED AT 1203 WILKINS DRIVE, THE THREE TENTHS OF AN ACRE PROPERTY IS LOCATED IN THE YORK TERRACE SUBDIVISION LESS THAN A MILE FROM THE YORK JAMES YORK PLAZA SHOPPING CENTER.

I'M SORRY, I WASN'T PAYING ONE BIT OF ATTENTION.

I WAS TRYING TO READ WHERE WE'RE AT.

OKAY.

OKAY.

THE SUBJECT PARCEL AND ALL THE SURROUNDING PARCELS ARE ZONED R 13 FOR HIGH DENSITY SINGLE FAMILY RESIDENTIAL AS INDICATED BY THE YELLOW COLOR SHOWN ON THIS MAP.

OKAY.

ALL RIGHT.

THE SUBJECT PROPERTY IS SURROUNDED ON ALL SIDES BY SINGLE FAMILY DETACHED HOMES.

I'VE INCLUDED A FEW PHOTOS OF THE SURROUNDING AREA STARTING AT THE CORNER OF WILKINS DRIVE AND WESTOVER DRIVE.

SO THIS IS LOOKING ACROSS THE STREET FROM THE SUBJECT PROPERTY AND SOUTH DOWN WILKINS DRIVE.

HERE WE'RE LOOKING ACROSS THE STREET AND NORTH UP WILKINS DRIVE, AND HERE WE'RE LOOKING AT THE SAME SIDE OF THE STREET AS THE SUBJECT PROPERTY AND NORTH UP WILKINS DRIVE.

YOU CAN SEE THE EDGE OF THE SUBJECT PROPERTY ON THE LEFT.

OKAY.

THE APPROXIMATELY 910 SQUARE FOOT DWELLING HAS THREE BEDROOMS, ONE BATHROOM, A KITCHEN, LIVING ROOM, DINING ROOM, AND LAUNDRY ROOM.

THE APPLICANTS WISH TO MAKE THE WHOLE HOUSE AVAILABLE TO UP TO SIX GUESTS AT A TIME, INCLUDING CHILDREN WITH LENGTHS OF STAY ARRANGING FROM TWO TO 89 DAYS.

THEREFORE, STAFF HAS PROPOSED CONDITIONS OF APPROVAL THAT WOULD REQUIRE THE TOURIST HOME BE RENTED AS A WHOLE HOUSE.

THE RENTAL OF INDIVIDUAL ROOMS WOULD BE PROHIBITED WITH AN OCCUPANCY OF UP TO SIX PERSONS.

SOME OTHER PROPOSED CONDITIONS INCLUDE THE FOLLOWING, THE USE PERMIT WOULD TERMINATE UPON THE TRANSFER OF PROPERTY OWNERSHIP.

AND BECAUSE THE APPLICANT STATED THEY DO NOT WISH TO HAVE SIGNS ADVERTISING THE TOURIST HOME, STEPH HAS PROPOSED A CONDITION OF APPROVAL THAT WOULD PROHIBIT THEM.

THE STANDARDS FOR SHORT TERM RENTALS REQUIRE THE OWNER TO RESIDE EITHER IN THE HOME OR IN AN ADJACENT PREMISES OR DESIGNATED RESPONSIBLE PARTY WHO MAY BE THE APPLICANT WHO CAN PROMPTLY RESPOND TO AND RESOLVE PROBLEMS THAT ARISE WHILE RENTALS ARE TAKING PLACE.

THE APPLICANTS RESIDE IN QUEENS LAKE AT 1 31 DENNIS DRIVE, WHICH IS A DRIVING DISTANCE OF 2.6 MILES AND A DRIVING TIME OF SIX MINUTES FROM THE SUBJECT PROPERTY.

THEY INDICATED THEY WOULD SERVE AS THEIR RESPONSIBLE PARTIES FOR THE TOURIST HOME.

A CONDITION OF APPROVAL HAS BEEN PROPOSED THAT WOULD REQUIRE THE APPLICANTS TO BE PRESENT IN THEIR HOME WHEN RENTALS ARE TAKING PLACE.

THE ZONING ORDINANCE REQUIRES FOUR PARKING SPACES FOR THEIR PROPOSED USE, ONE SPACE PLUS ONE FOR EACH SLEEPING ROOM.

THE DRIVEWAY IS 65 FEET LONG AND BERRIES AND WIDTH FROM JUST OVER 17 TO 19 FEET.

IT'S CAPABLE OF ACCOMMODATING AT LEAST FOUR VEHICLES.

HOWEVER, THE APPLICANTS HAVE INDICATED THAT THEY WOULD LIMIT THE TOTAL NUMBER OF VEHICLES PARKED IN THE DRIVEWAY AT ANY ONE TIME TO FOUR.

AND STAFF HAS INCLUDED THIS AS A CONDITION OF APPROVAL IN THE PROPOSED RESOLUTION.

ACCORDING TO THE INSTITUTE OF TRAFFIC ENGINEERS TRIP GENERATION MANUAL, A TYPICAL SINGLE FAMILY DETACHED DWELLING GENERATES AN AVERAGE OF 9.4 TRIPS PER DAY.

WHILE NO TRIP GENERATION ESTIMATES ARE AVAILABLE FOR SHORT TERM RENTALS.

SIMILAR USES FOR WHICH THIS INFORMATION IS AVAILABLE.

OUR TIMESHARE UNITS, WHICH GENERATE AN AVERAGE OF 8.6 TRIPS PER DAY AND OCCUPIED MOTEL ROOMS, WHICH GENERATE AN AVERAGE OF 4.4 TRIPS PER DAY.

THE NUMBER OF PEAK HOUR TRIPS FOR BOTH USES IS LESS THAN ONE.

ACCORDING TO 2020 VDOT ESTIMATES, THIS SECTION OF WILKINS DRIVE CARRIES APPROXIMATELY 600 VEHICLE TRIPS PER DAY.

STEPH DOES NOT BELIEVE THE PROPOSED TAURUS HOME WOULD HAVE A NOTICEABLE IMPACT ON WILKINS DRIVE.

THERE IS ONE OTHER APPROVED TAURUS HOME IN THE YORK TERRACE SUBDIVISION AT 1149 DUNCAN DRIVE.

IT'S LOCATED A HALF MILE FROM THE SUBJECT

[00:55:01]

PROPERTY AND THERE ARE THREE OTHER APPROVED TAURUS HOMES WITHIN A ONE MILE DRIVING DISTANCE OF IT.

THE APPLICANT'S NARRATIVE, UH, STATES THAT THEY WILL HAVE AN INDOOR NOISE DETECTION SYSTEM AND 24 7 SURVEILLANCE ON THE PARKING AREA AND DOOR ENTRANCES.

THE NARRATIVE IS REFERENCED IN THE PROPOSED RESOLUTION.

SO THE APPLICANTS WOULD BE REQUIRED TO MAINTAIN THESE ELECTRONIC MONITORING DEVICES IF THE APPLICATION IS APPROVED.

STAFF BELIEVE THESE MONITORING METHODS COMBINED WITH THE REQUIREMENT THAT THE OWNERS RESIDE AND BE PRESENT JUST 2.6 MILES FROM THE SUBJECT PROPERTY, ARE SUFFICIENT TO ENSURE PROPER MONITORING OF GUEST BEHAVIOR.

THIS PROPOSAL IS CONSISTENT WITH THE TYPE AND INTENSITY OF PREVIOUSLY APPROVED TAURUS HOMES.

GIVEN THE ABSENCE OF SIGNAGE, THE LIMITED NUMBER OF VEHICLES, THE RELATIVELY SMALL SCALE OF THE OPERATION, THE NOISE AND VIDEO MONITORING DEVICES, AND THE PROXIMITY OF THE RESPONSIBLE PARTY STAFF BELIEVES THE PROPOSED TAURUS HOME IS NOT LIKELY TO HAVE ANY ADVERSE IMPACTS ON THE NEARBY PROPERTIES OR ON THE RESIDENTIAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.

FURTHERMORE, THE APPLICANTS SUBMITTED LETTERS SIGNED BY THEIR NEIGHBORS AFFIRMING THEIR SUPPORT OF THE APPLICATION.

THEREFORE, STAFF RECOMMEND APPROVAL OF THIS APPLICATION SUBJECT TO THE CONDITION SET FORTH IN PROPOSED RESOLUTION NUMBER PC 23 DASH NINE.

THANK YOU.

CAN I ANSWER ANY QUESTIONS FOR YOU? APPLICANTS ARE HERE AS WELL.

OKAY.

UM, DO YOU ALL HAVE ANY QUESTIONS? I DO, GO AHEAD.

YOU SAID THEY'RE, UH, YOU HAVE SIGNED A, UM, STATEMENT FROM ADJACENT PROPERTY OWNERS THAT THEY'RE OKAY WITH THIS.

IS THAT THE ONES IMMEDIATELY ADJACENT TO IT OR NEIGHBORS DOWN THE ROAD? UH, CAN YOU BE MORE SPECIFIC PLEASE? YES.

I THOUGHT YOU MIGHT ASK, SO I MADE A DIAGRAM FOR YOU.

AWESOME.

SO GIMME ONE MOMENT.

SO THESE ARE THE ADJACENT PARCELS HERE AND THESE ARE THE, UM, HOMES THAT, UH, SUBMITTED LETTERS, UM, YOU KNOW, GIVING THEIR SUPPORT FOR THIS APPLICATION.

SO YOU CAN SEE THAT THESE ARE THE ONES THAT ARE ACTUALLY ADJACENT.

HERE'S WHERE WE GOT THE LETTERS FROM.

NO WORD FROM THE OTHER OWNERS THAT ARE THE HOLES IN THERE.

THE ONE THAT'S, UH, I GUESS THAT WOULD BE SOUTH OF THE PROPOSAL.

SO STAFF COME IN, STAFF DOESN'T, UH, SOLICIT LETTERS FROM, UH, NEIGHBORS.

BUT I ASKED THE, UH, APPLICANTS ABOUT IT AND THEY SAID THAT, UM, THEY HAD TRIED TO GO TO THOSE HOMES AND THEY WEREN'T ABLE TO GET ANYONE AT THE DOOR.

OKAY.

THANK YOU.

THANK YOU.

ANYONE ELSE? OKAY.

OKAY, THEN WE'LL OPEN THE PUBLIC HEARING.

IS THERE ANYONE ELSE? I DON'T HAVE ANYONE SIGNED.

OH, I DO HAVE SOMEONE SIGNED.

APPLICANT.

APPLICANT.

OH, THE APPLICANT HIMSELF.

I'M SORRY.

MR. NEWSOM.

NEWSOM.

SPEED LOUDER.

ME, UH, DON NEWSOM 1 31 DENNIS DRIVE.

CORRECT.

GOOD EVENING.

AND THE APPLICANT.

SUBJECT.

I'M DON NEWSOM.

THIS IS MY AWESOME WIFE, TERESA .

DENNIS.

YEAH.

I LIVE AT 1 31 DENNIS DRIVE.

UM, THAT WAS REALLY IMPRESSIVE.

I DIDN'T KNOW I WAS EXACTLY THAT MANY MILES AND EXACTLY THAT MANY MINUTES AWAY.

GOOD JOB ON THE HOMEWORK.

UM, SO I WAS LOOKING AT THIS FROM A NUMBER OF DIFFERENT PERSPECTIVES.

UM, I AM RESPONSIBLE FOR TAKING CARE OF MY FAMILY FINANCIALLY.

I'M ABOUT TO RETIRE.

AND THIS IS ONE PIECE OF THAT PUZZLE, UM, FROM THE PERSPECTIVE OF OUR NEIGHBORS.

IT, IT'S ALREADY BEEN MENTIONED THAT I CHECKED WITH THEM AND NOBODY SAID, NO, WE DON'T WANNA DO THAT.

I HAD ONE NEIGHBOR SAID, I DON'T KNOW, I GOTTA CHECK WITH MY WIFE.

, THE MAP THAT WAS PUT UP THERE, THE VERY NEXT DOOR NEIGHBOR, UH, DEBBIE SIGNED, UM, THE SAME APPROVAL, BUT IT JUST DIDN'T MAKE IT INTO THE PACKAGE.

AND I THINK THERE WAS ONE OTHER ONE LIKE THAT AS WELL.

SO UNANIMOUSLY MY NEIGHBOR SAID, FINE.

DON'T HAVE ANY PROBLEM WITH IT.

UM, I THINK WE'RE GOOD NEIGHBORS.

THE PROPERTY'S ACTUALLY TAKEN BETTER CARE OF NOW THAT I'M IN CHARGE OF IT THAN WHEN IT WAS A RENTAL.

AND, UH, I'M A LANDSCAPER, SO IT LOOKS PRETTY GOOD.

, I DON'T KNOW IF YOU'VE BEEN BY AND SEEN IT.

UM, GOOD NEIGHBORS.

I HELPED DEBBIE WITH PNY NEXT DOOR AND MIRIAM ON THE OTHER SIDE.

UM, I THINK WE'LL FIT IN JUST FINE FROM THE PERSPECTIVE OF OUR GUESTS.

UH, WE, WE ALREADY HAVE AN AIRBNB THAT WE'VE HAD FOR ABOUT FOUR YEARS THAT IT'S IN JAMES CITY COUNTY AND REY,

[01:00:01]

MY WIFE IS A PREFERRED HOST.

SHE DOES AN EXCELLENT JOB, ADDS TO THE QUALITY OF LIFE FOR THE PEOPLE THAT COME BY.

GOOD PEOPLE THAT ARE HERE.

THEY'RE SOMETIMES THEY'RE IN TOWN FOR A WEDDING OR, OR A, A GRADUATION OR, UM, BUSH GARDENS, WATER CONTRARY, COLONIAL WILLIAMSBURG.

UM, SOMETIMES IT'S FOR A FUNERAL.

UM, BUT THEY ALWAYS HAVE A, A GOOD EXPERIENCE BECAUSE SHE DOES A GREAT JOB FROM THE PERSPECTIVE OF YORK COUNTY.

UM, THERE'S AN INCREASE IN TAX REVENUE WITH OUR PROPOSED USE.

SO IT SEEMS TO ME THAT IT REALLY IS WIN, WIN, WIN, WIN ALL THE WAY AROUND.

AND I'M AVAILABLE FOR QUESTIONS.

GENTLEMEN, YOU HAVE ANY MORE QUESTIONS DOWN THERE, MR. KING? SOME, UH, I WANT TO COMMEND YOU FOR, UM, MAKING, UM, AFFORDABLE HOUSING AVAILABLE TO THE HOMES THAT, UH, YOU HAVE RESTORED AND HAVE LONG-TERM RENTALS.

UM, AND THAT IS MY MAIN CONCERN HERE IS THAT YOU'RE TAKING AN AFFORDABLE HOUSE FROM, UM, RESIDENT THAT POSSIBLE LONG-TERM RESIDENT AWAY.

UH, THERE ARE ALREADY THREE OTHER, UH, SHORT TERM RENTALS IN THE NEIGHBORHOOD.

AND SO MY CONCERN IS THAT YOU'RE TAKING AN AFFORDABLE HOUSE AWAY FROM, UH, THE, UH, POSSIBILITY OF USE.

AND IN YORK COUNTY WE HAVE A SHORTAGE OF AFFORDABLE HOUSING.

YEAH, I APPRECIATE YOUR CONCERN FOR THAT.

WE DO HAVE SOME OTHER RENTAL PROPERTIES, THREE OTHERS IN THAT AREA.

UH, THEY'RE ACTUALLY IN THE NEXT NEIGHBORHOOD OVER MM-HMM.

.

UM, ONE OF MY TENANTS HAS BEEN THERE FOR 20 YEARS.

YES.

UM, AND THE OTHER TWO HAVE BEEN THERE FOR ABOUT A DECADE.

SO, UM, YOU KNOW, WE'RE, WE'RE SENSITIVE TO THAT AND, AND, UM, YEAH, I, THIS, THIS IS REALLY WHAT WE FEEL LIKE IS BEST FOR, FOR OUR FAMILY TO, TO HANDLE OUR RETIREMENT MM-HMM.

, UH, BUT WE DO HAVE OTHER RENTALS THAT ARE LONG TERM.

THANK YOU SIR.

ELSE.

I HAVE SEVERAL QUESTIONS.

OKAY.

SIR, SIR, UH, YOUR, YOUR ADDRESS AGAIN, YOUR HOME ADDRESS? 1, 1 31 DENNIS DRIVE.

SO IT'S PROBABLY UNFAIR, BUT I'VE BEEN OUT CAMPAIGNING, SO I GO THROUGH THAT NEIGHBORHOOD A LOT.

I'VE BEEN TO YOUR HOME FOUR TIMES AND I'VE NOT CAUGHT UP TO YOU YET, AND IT'S BEEN ON WEEKENDS.

UM, AND I'VE ACTUALLY TALKED TO YOUR NEIGHBORS AND ASKED, UH, YOU KNOW, IS, IS ARE DONNA TERESA EVER HOME? AND THE ANSWER I GOT WAS RARELY ON THE WEEKENDS, HE RUNS A LANDSCAPE BUSINESS AND HE'S BUSY.

UHHUH .

THAT BRINGS ME BACK TO THE QUESTION OF HOW DO YOU DO AN AIRBNB IF YOU'RE REQUIRED TO BE AT HOME AND, AND ALWAYS AVAILABLE TO ANSWER ANY QUESTIONS? WELL, WHEN I'M AT WORK, THAT HASN'T BEEN BROUGHT UP, BUT THE DISTANCE FROM, FROM MY LANDSCAPE COMPANY TO THIS PROPERTY IS PROBABLY ABOUT THE SAME THING.

ACTUALLY, IT'S PROBABLY A LITTLE LESS.

UM, SO I, I AM AVAILABLE ON CALL, BUT I DON'T THINK THAT'S WHAT THE REGULATIONS CALL FOR.

THEY CALL FOR YOU TO BE AT YOUR HOME, UHHUH , UH, DURING ANY TIME THAT THERE'S A RENTAL AND, AND YEAH, AND SO WHEN I START TO SEE YOU WEEK AFTER WEEK AFTER WEEK OF NOT SEEING YOU PRESENT AT YOUR HOME? WELL, WELL, I'M NOT THERE.

I I HAVE A CONCERN.

SHE IS, WELL, SHE WASN'T THERE EITHER.

I'VE KNOCKED ON THE DOOR, I'VE LEFT MY CARD.

I KNOW YOU, I'VE BEEN THERE.

UM, THAT, THAT'S A CONCERN FOR ME.

MR. PETERMAN HAS ALREADY EXPRESSED THE CONCERN ABOUT, UH, THE LACK OF SHORT TERM, OR, SORRY, AFFORDABLE HOUSING IN, IN THIS AREA.

I COMPLIMENT YOU ON THE ONES THAT YOU ARE RENTING.

BUT, BUT THEN I ALSO HAVE A QUESTION OF WHY I SEE SO MANY LANDSCAPE VEHICLES OUTSIDE OF AT LEAST TWO OF THEM.

EDEL AND SIMPLE ADDRESSES.

I'M SORRY, I DIDN'T HEAR WHAT YOU JUST SAID.

SO MANY LANDSCAPING, UH, TRAILERS AND VEHICLES, ET CETERA.

PARKED IN THE DRIVEWAYS AND IN THE BACKYARD OF THOSE TWO PROPERTIES, WHICH TWO ARE YOU TALKING ABOUT? ONE 16 EDEL AND ONE 12 SIMPLE.

UM, THE, THE TENANT AT ONE 16 EAL IS A LANDSCAPER.

NONE OF THAT HAS ANYTHING TO DO WITH ME.

OKAY.

AND AND WHAT WAS THE OTHER ONE? ONE, ONE, UH, ONE 12.

SIMPLE.

YEAH.

THE, THE GUY AT ONE 16 EAL HAS A TRAILER OVER AT 1 12, 1 27 WEST SIMPLE.

YEAH.

NONE OF THAT IS, IS MY EQUIPMENT.

OKAY.

I DON'T LIKE IT EITHER.

HE PARKS STUFF ON THE, ON THE LAWN, AND I TOLD HIM TO GET IT OFF OF THERE LAST FALL.

WELL, CLEARLY WE HAVE CODES AGAINST

[01:05:01]

THAT.

AND, AND RUNNING A LANDSCAPING BUSINESS OUT OF AN R 13 RESIDENTIAL AREA IS NOT ALLOWED.

YEAH, I AGREE.

TAKE YOU OUT.

WE HAVE ISSUES WITH THAT.

YOU'RE THE 10, YOU'RE THE, YOU'RE THE OWNER.

YEAH.

UM, YOU HAVE A RESPONSIBILITY.

WELL, I THINK HE PARKS A LOT OF THINGS THERE.

I DON'T KNOW THAT THAT CONSTITUTES THAT HE'S RUNNING A BUSINESS FROM THERE.

THAT'S ALL THE QUESTIONS I HAD.

THANK YOU.

OKAY.

ANYONE ELSE? OKAY.

UH, I DON'T HAVE ANY SPEAKERS SIGNED UP.

DOES ANYBODY WISH TO COME FORWARD? SPEAK MA'AM.

SURE.

I DID NOT PLAN TO SPEAK, BUT I WOULD LIKE TO ADDRESS.

THANK YOU.

I'M TERESA NEWSOM.

I LIVE AT 1 31 DENNIS DRIVE.

AND I WOULD JUST, UH, LIKE TO ADDRESS YOUR CONCERN ABOUT, UM, US NOT BEING THERE.

UM, MANY TIMES WE ARE HOME.

WE'RE JUST NOT HOME ALWAYS DURING THE DAY BECAUSE WE DO RUN A COMPANY AND I'M NOT SURE WHEN YOU'VE BEEN BY THERE.

AND, UM, WE DO GO ON VACATION JUST LIKE EVERY OTHER, OR NOT EVERY OTHER AMERICAN, BUT MOST PEOPLE.

AND WHEN WE ARE GONE, I ALWAYS MAKE SURE THAT THERE IS SOMEONE THERE.

WE RUN A COMPANY.

IT'S A FA, IT'S A FAMILY OWNED BUSINESS.

AND, UM, OUR SON HAS AN AIRBNB AND THEY'RE IN JAMES CITY COUNTY.

AND IN THREE AND A HALF YEARS, THERE HAS NEVER BEEN AN INSTANCE WHEN THERE WAS A PROBLEM THAT I DID NOT HAVE SOMEONE THERE VERY QUICKLY WHERE, YOU KNOW, WHETHER IT WAS A, A LOST KEY AND THEY NEEDED TO BE LET IN AT, YOU KNOW, 11 O'CLOCK AT NIGHT, YOU KNOW, OR AN AIR CONDITIONER UNIT THAT FAILED TO COME ON.

WE HAVE ALWAYS, THAT'S HOW WE MAINTAIN A 4.9 TO FIVE REVIEW, IS TO ALWAYS BE THERE.

AND I HAD WANTED TO BRING ALONG SOME OF MY REVIEWS JUST TO SHOW YOU, YOU CAN GO OUT ON MY SITE AND READ THEM.

UM, THEY ALWAYS SAY, TERESA IS A GREAT HOST.

SHE'S, I'M ALWAYS AVAILABLE.

YOU CAN ALWAYS REACH ME BY PHONE.

SO THAT ASPECT OF IT FOR THE GUEST PERSPECTIVE HAS NEVER BEEN A PROBLEM.

AND THAT'S REALLY GONE.

THANK YOU.

MM-HMM.

.

THANK YOU.

OKAY.

AGAIN, I DON'T HAVE ANYONE SIGNED.

DOES ANYBODY OKAY.

HEARING CLOSED.

OH, CLOSING THE PUBLIC HEARING.

THANK YOU.

UM, OKAY.

SO WE'LL OPEN IT TO THE COMMISSION MEMBERS, RIGHT? ANYBODY HAVE COMMENTS? YES, SIR.

I'VE EXPRESSED MY CONCERNS.

UH, I DON'T SEE, UM, A NEED FOR ANOTHER SHORT TERM RENTAL IN THIS AREA SINCE THERE'S ALREADY THREE OTHERS AND IT'S TAKING A AFFORDABLE HOUSE, UH, AWAY FROM, UH, PEOPLE THAT MIGHT NEED IT IN A LONG TERM BASIS.

OKAY.

ANYONE ELSE? ANY OTHER COMMENTS? I THINK I'VE PROBABLY, UH, SUMMARIZED MY COMMENTS, BUT CLEARLY THERE'S SEVEN PROPERTIES OWNED BY THIS COUPLE IN THE, UH, IN THE IMMEDIATE AREA OF, UH, OF YORK TERRACE, UH, AND QUEENS LAKE.

I, YOU KNOW, I, I APPLAUD THAT THEY HAVE SEVERAL OF THEM FOR LONG-TERM RENTALS.

YES.

BUT I DO GET CONCERNED WHEN I SEE VIOLATIONS OF OUR ZONING CODES, UH, ASSOCIATED WITH SOME OF THOSE RENTALS.

UM, THAT'S A BIGGER PICTURE FOR ME.

YOU KNOW, HOW WELL ARE THEY MAINTAINING THAT, THAT PORTION OF THE BUSINESS.

UM, AND THEN WHEN I, I CLEARLY HAVE VISITED THAT HOME ON, ON DENNIS DRIVE SEVERAL TIMES AND NOT FOUND A RESIDENT HOME, UH, THAT IS CONCERNING TO ME.

HOW CAN YOU RUN AN AIRBNB AND NOT BE PRESENT AT YOUR HOME? THANK YOU.

OKAY.

OKAY.

DO I CALL ANYBODY HAVE A MOTION? IS THAT WHERE WE'RE AT NOW? ANY OTHER COMMISSION MEMBERS, RIGHT? NO.

NOPE.

SO HAS ANYBODY CALL FOR A MOTION? UM, I MOVE.

WE, UH, FORWARD PC 23 DASH NINE ON THE BOARD.

SUPERVISORS.

THANK YOU.

OKAY.

THE MOTION BY MR. KREER IS TO ADOPT PC 23 DASH NINE TO RECOMMEND APPROVAL OF A SPECIAL USE PERMIT TO AUTHORIZE A OMA IN 1 2 0 3 WILKINS DRIVE.

MR. KREER? YES.

MR. SMITH? YES.

MR. PETERMAN? NO.

MR. HOREY? NO.

MR. KING.

YES.

MS. LIDO? NO.

THE MOTION FAILS.

OKAY.

PASS.

AND THEN WE'LL MOVE ON.

THE MOTION DID NOT PASS.

WHAT DID OR DID NOT TIP? OH, IT'S A TIE.

IT'S A TIE.

WELL, IT THE,

[01:10:01]

WELL, THEN IT DOESN'T PASS.

THANK YOU.

YEAH.

THE MOTION TO APPROVE THE RESOLUTION DIDN'T, DID, FAILED ON A TIE VOTE.

SO WE DON'T, WHEN WE ADVERTISE IT, WE DON'T SAY THAT IT WAS A RECOMMENDATION OF APPROVAL OR DENIAL.

WHAT WE SAY IS A MOTION TO RECOMMEND APPROVAL FAILED ON A TIE VOTE.

THANK YOU.

OKAY.

SO THAT'S WHAT GOES TO THE, THAT'S WHAT GOES TO THE BOARD.

THAT'S WHAT GOES IN THE AD.

OKAY.

THANK YOU, SIR.

ALL RIGHT.

THE

[Application No. UP-1011-23, KSMA WASH VA, LLC: Request for a Special Use Permit, pursuant to Section 24.1-306 (Category 12, No. 1) of the York County Zoning Ordinance, to authorize the establishment of a car wash facility on a 1.3-acre parcel of land (GPIN R07d-3517-2273) located at 6440 George Washington Memorial Highway (Route 17). The property is zoned GB (General Business) and designated General Business in the Comprehensive Plan.]

NEXT APPLICATION, UH, IN FRONT OF YOU TONIGHT IS APPLICATION NUMBER UP THOUSAND 11 DASH 23 K S M A, WASH VA LLC.

IT'S A LOT OF LETTERS.

.

UH, THIS IS A REQUEST TO AUTHORIZE THE ESTABLISHMENT OF A CAR WASH FACILITY AT 64 40 GEORGE WASHINGTON MEMORIAL HIGHWAY.

UH, THAT PROPERTY IS OUTLINED HERE IN YELLOW.

UM, IT IS THE CURRENT LOCATION OF THE CRUISE THROUGH, UM, CAR WASH AND OIL CHANGE FACILITY, UH, LOCATED THERE, UM, NEXT TO THE OLD SELF-SERVICE, UH, WHICH NOW HAS AN APPROVED TUNNEL CAR WASH THERE, WHERE THEY'RE GONNA REMOVE THE SELF-SERVICE FACILITY AND PUT IN A TUNNEL CAR WASH.

UM, THE PROPERTY AND ALL THE SURROUNDING PROPERTY ARE ZONE, GENERAL BUSINESS, AS YOU CAN SEE, UM, UM, ON THE MAP, UH, SURROUNDING ZONING.

SO OUR SURROUNDING USES BEHIND IT IS THE VILLAGE SHOPS, WHICH HAS THE HARLEY DAVIDSON, UH, KROGER, UH, FEW GUIDING ESTABLISHMENTS.

UM, TO THE, TO THE SOUTH IS A LITTLE RETAIL BUILDING HERE, THIS LITTLE WHITE BUILDING ACROSS, UH, THE INTERSECTION HERE, UM, WHICH HAS, UH, DIFFERENT, DIFFERENT SHOPS IN.

IT HAS IN A LAWYER'S OFFICE, UM, A SALON AND THINGS OF THAT NATURE.

THEN ACROSS THE STREET, UH, YOU'VE GOT THE LITTLE RETAIL STRIP HERE, AND THEN THE BANK BUILDING A DENTIST OFFICE.

AND THEN TO THE NORTH IS THAT, UM, OLD, THE OLD SELF-SERVICE, UH, WHICH YOU CAN SEE THEY'RE STARTING TO, UH, DEMOLISH.

NOW, UH, HERE IS THE EXISTING BUILDING, UH, JUST FROM 17.

I'M STANDING AT THE ENTRY THAT'S BEHIND ME, THE ENTRANCE TO COME INTO THE PROPERTY.

YOU CAN SEE THEY HAVE THREE SELF, UH, NOT SELF-SERVICE BAYS.

THEY HAVE THREE OIL CHANGE BAYS HERE.

UM, AND THEN ON THE FAR END OF THE BUILDING IS THE CAR WASH FACILITY.

UM, FROM THE BACKSIDE, UH, YOU CAN SEE THE CAR WASH HERE ON THIS SIDE OF THE BUILDING.

AND THEN THE THREE BAYS WHERE THEY, THEY HAD THE, UH, UH, CAR WASH, UH, FROM THE VILLAGE SHOPS.

THEY HAVE TWO ENTRANCEWAYS, ONE HERE, WHICH IN THE PROPOSAL I'LL SHOW THEY'RE PLANNING TO CLOSE.

AND THEN, UH, FAR SIDE ONE HERE, UH, WHICH WILL BE, UM, THE ENTRY, UH, OR NOT THE ENTRY, BUT THE, UH, ONE OF THE WAYS TO GET INTO THIS IN AND OUT OF THE SITE.

UH, THIS IS THE APPLICANT'S, UH, SKETCH PLAN.

UH, THE, THE, UH, PLAN IS TO OPERATE A, UH, TUNNEL CAR WASH.

UM, THE, THROUGH THE FRANCHISE, TOMMY'S EXPRESS CAR WASH, UH, WHICH IS A NATIONAL OPERATOR WITH OVER 40 YEARS OF EXPERIENCE.

UM, THE APPLICANT'S PROPOSAL IS TO DEMOLISH THE EXISTING BUILDING BECAUSE IT DOESN'T MEET THEIR NEEDS.

UH, THEY DON'T DO OIL CHANGES OR ANYTHING OF THAT NATURE.

THEY ONLY WASH CARS.

AND THEN BUILD A NEW TUNNEL CAR WASH, UM, WITH OPEN AIR VACUUM STALLS LOCATED BEHIND THE BUILDING.

UM, IT'S ABOUT A 4,600 SQUARE FOOT STRUCTURE IN THE END THAT WILL HAVE, UH, THE REQUIRED ZONING ORDINANCE, 80% RECYCLED WATER, UM, PIECE TO IT.

AND IT'LL HAVE 16 VACUUM STATIONS, AS I SAID, BEHIND THE BUILDING.

SO IF YOU'RE LOOKING AT THIS PLAN, ROUTE 17 IS HERE IN THE FRONT, AND THEN YOU'VE GOT THE ENTRYWAY INTO THE VILLAGE SHOPS HERE.

UH, THERE'LL BE AN ACCESS, UH, RIGHT IN, RIGHT OUT ONLY, UM, HERE IN THE FRONT WHERE YOU CAN COME IN, YOU CAN STACK INTO THE SPACES, THEN GO THROUGH THE CAR WASH.

UM, AND THEN BACK TO THE BACK FOR, UH, VACUUM STALLS.

UH, HERE ARE THE TWO ENTRANCES THAT ARE THERE NOW, UH, THROUGH THE SHOPS AREA.

THEY'RE GONNA CLOSE THIS ONE.

UM, AND JUST HAVE THE ONE ENTRYWAY, UM, ON THE FAR SIDE, UH, BECAUSE THIS IS WITHIN THE, UH, ROUTE 17 ARCHITECTURAL, UM, OVERLAY, THE CORRIDOR OVERLAY, THEY DO HAVE TO MEET CERTAIN ARCHITECTURAL STANDARDS.

AND THIS IS THE, UH, RENDERING OF THE BUILDING THAT THEY HAVE SHOWN US.

IT'S GLASS, UH, BRICK, UH, GRAY TILE, UH, BUILDING ON BOTH SIDES.

UH, FRONT END 17 WOULD BE THIS, LOOK HERE, THE ONE ON THE TOP.

AND THEN WHAT IT WOULD SHAPE, WHAT WOULD FACE THE, UH, VILLAGE SHOPS IS THIS, UH, BOTTOM DRAWING.

AND THEN YOU'D HAVE THE ENTRANCE EXIT WAYS.

SO THE ENTRYWAY IS WHAT WOULD FACE THE, UM, ENTRANCE INTO THE VILLAGE SHOPS.

UM, SO YOU CAN SEE THE CANOPY WHERE PEOPLE WOULD COME IN AND THEN THEY'D GO INTO THE TUNNEL AND THEN COME OUT THIS END HERE AND THEN GO BACK TO VACUUM THEIR CARS OR LEAVE THIS SITE.

UH, THEY DID A, UH, RENDERING FROM ROUTE 17, UM, WHICH SHOWS THE EXISTING BUILDING.

AND THIS

[01:15:01]

AMAZON VAN IS IN THE WAY, WHICH THEY REMOVED FROM THIS ONE , WHICH I JUST NOTICED THIS WHEN I DID THE PRESENTATION.

UM, BUT THEY REMOVED THE VAN, THE AMAZON VAN, BUT THEY PUT THE NEW BUILDING ON THE SITE, UH, WITH THE EXISTING VEGETATION.

SO YOU CAN SEE, UH, WHAT IT'S GONNA LOOK LIKE.

ADDITIONALLY, UM, THEY ADDED, UM, SOME EVERGREEN TREES, WHICH, UM, LET ME BACK UP A COUPLE PICTURES HERE.

SO I DID WANNA SHOW YOU, I FORGOT.

THEY ARE DOING A LOT OF, UH, THEY HAVE A LOT OF MATURE LANDSCAPING OUT THERE.

UH, BUT TO BLOCK THE TUNNEL, THEY HAVE ADDED THESE EVERGREEN TREES ALONG THIS SIDE TO BLOCK THE VIEW COMING, YOU KNOW, GOING NORTH ON 17.

AND THEN THEY'VE ADDED SOME HERE ON THIS SIDE, UM, TO THIS, THE EXISTING MATURE TO, TO ALSO PROTECT, UM, THAT VIEW.

SO I APOLOGIZE FOR NOT SAYING THAT, BUT YOU CAN SEE THAT HERE.

YOU CAN SEE THE EVERGREEN TREES THEY'VE ADDED HERE.

UM, AND THEN THE FRONT OF THE BUILDING THERE.

AND LET'S SEE.

UH, SO, UM, THE, THE VDOT HAS REVIEWED THE PLAN AND THE ONE COMMENT THEY GAVE US WAS THEY WOULD LIKE A WARRANT ANALYSIS FOR A RIGHT TURN LANE HERE.

UH, SO THAT HAS BEEN ADDED AS A CONDITION OF APPROVAL FOR THIS RIGHT IN RIGHT OUT INTERSECTION.

SO IF IT WAS APPROVED AND WENT THROUGH FORWARD A SITE PLAN, THEY'D HAVE TO PROVIDE THAT TO VDOT AS PART OF THE SITE PLAN PROCESS.

AS FAR AS TRAFFIC, UM, A VERY LOW TRAFFIC GENERATOR, EVEN COMPARED TO THE EXISTING, UH, CAR WASH AND OIL CHANGE.

UM, THE TUNNEL CAR WASH HAVE ABOUT 78 WEEKEND PM UH, PEAK HOUR TRIPS, SO IN THE EVENING OR THE, UH, THE LATE AFTERNOON.

AND THEN, UM, UH, THE, THE CURRENT USE ONLY HAS 93.

SO BOTH ARE VERY LOW GENERATORS.

UH, SO WOULDN'T REQUIRE A TRAFFIC IMPACT ANALYSIS, UH, OF THE SITE.

SO THE PROPOSED REDEVELOPMENT WOULD REPLACE AN EXISTING AUTOMATED TUNNEL CAR WASH IN THREE BAY OIL, CHANGE A FACILITY WITH A AUTOMATED TUNNEL CAR WASH FACILITY.

UM, THE NEW FACILITY WOULD BE MORE AESTHETICALLY PLEASING AND MEETS THE GUIDELINES FOR THE CORRIDOR OVERLAY.

SO YOU'RE GETTING A NICER BUILDING.

UH, IT'S A MUCH MORE SUPERIOR LOOKING BUILDING THAN WHAT YOU HAVE NOW.

IN ADDITION, THEY'RE ADDING A LOT MORE GREEN, UH, LANDSCAPING, UH, THAT'LL BE GREEN YEAR ROUND, WHICH WILL ALSO BUFFER THE SITE AND KEEP IT FROM BEING ABLE TO SEE IT.

UM, IT'S NOT A HEAVY TRAFFIC GENERATOR.

UH, SO WE, UH, FEEL THAT THIS COULD BE, UH, APPROVED.

AND SO WE ARE RECOMMENDING APPROVAL AND WE HAVE GIVEN YOU, UH, RESOLUTION NUMBER PC 23 DASH 10.

UH, IF YOU WOULD LIKE TO MOVE THIS ALONG TO THE BOARD.

AND THERE ARE ANY QUESTIONS.

I'M HERE.

UH, THE APPLICANT'S ATTORNEY AND TRAFFIC ENGINEER, IS THAT RIGHT? CIVIL ENGINEER ARE HERE IF YOU HAVE ANY QUESTIONS.

OKAY.

GO AHEAD.

CAN YOU REFRESH US ON THE ADJACENT PROPERTY STATUS? SO THEY, UH, BELIEVE THEY'RE AT THE VERY TAIL END OF GETTING THEIR SITE PLAN APPROVED.

UM, SO THEY HAVE THEIR LAND SERVING ACT, UH, PERMIT.

AND SO THEY, THAT'S WHY YOU'VE SEEN THE SILK FENCE GO UP.

SO THEY ARE IN PROCESS OF STARTING TO DEMOLISH THE EXISTING STRUCTURES.

AND IN COMPARISON TO THIS PARTICULAR, UH, APPLICATION, IS, IS IT GONNA BE THE SAME TYPE OF, IS IT A TUNNEL CAR WASH IS ITSELF? I I DON'T RECALL THE, THE ONE THAT'S APPROVED RIGHT.

ALREADY.

IT'S A, IT'S A TUNNEL CAR WASH.

SO THE TUNNEL WILL, LET'S SEE, LET ME PULL UP, WHOOPS, WRONG WAY.

UH, SO THE TUNNEL WILL BASICALLY BE IN THE SAME LOCATION AS THE, UH, THE EXISTING SELF BA SELF-SERVICE BAYS THAT ARE THERE.

THE TUNNEL WILL BE IN THAT SAME LOCATION, SO IT'LL BE PERPENDICULAR TO THE PROPOSAL.

OKAY.

SO BASICALLY IT'S A DUPLICATE.

IT'S, IT'S ABOUT THE SAME USE.

I, UM, YOU KNOW, I'LL LET THE APPLICANT DESCRIBE THEIR SERVICES OVER THE OTHER.

SURE.

I MEAN, I BELIEVE THE OTHER ONE WAS JUST YOU DRIVE IN AND JEANIE CAN CORRECT ME CUZ SHE KNOWS A LITTLE BIT MORE ABOUT THAT ONE.

I THINK IT WAS JUST DRIVE IN AND THEN GO VACUUM HER CAR.

I DON'T KNOW THAT, I DON'T THINK THEY HAD ANY DETAILING SERVICES OR ANYTHING.

THEY DID HAVE DETAILING SERVICES, WHICH THIS ONE WON'T.

OKAY.

BUT I'LL LET THE APPLICANT CONFIRM THAT.

THE ONLY OTHER QUESTION WAS ON THE ENTRANCE OFF OF 17, TALKING ABOUT PUTTING IN A RIGHT TURNING LANE.

DID VDOT EXPRESS ANY CONCERN ON HAVING THAT A EXIT ONTO 17? UH, NO.

THEY DIDN'T HAVE A PROBLEM WITH THE EXIT.

THEY JUST WANTED TO, UH, GET A WARRANT ANALYSIS TO SEE IF A RIGHT, RIGHT TURN LANE INTO IT IS NEEDED SO THAT, YOU KNOW, PEOPLE TURNING IN AREN'T SLOWING TRAFFIC DOWN ON 17.

OKAY.

THANK YOU.

YOU'RE WELCOME.

TWO QUESTIONS FOR UHHUH.

MR. ANDERSON? YES, SIR.

FIRST ONE, UH, I'M, I'M GOING BACK TO MY,

[01:20:01]

UH, NOTES FROM TIDAL WAVE CARWASH.

OKAY.

AND, UM, WE HAD TWO ISSUES THERE THAT, UH, THAT I WANTED TO GET ANSWERS ON THIS.

THERE WERE CANOPIES OVER THE VACUUM STATIONS, UH, WITH TIDAL CAR WASH.

IS THERE, IS THERE A CANOPY SYSTEM OVER THE, UH, OVER THE VACUUM STATIONS HERE? THE APPLICANTS HAVE NOT SHOWN ONE.

IT'S JUST OPEN AIR VACUUM STALLS.

SO IS THERE ANYTHING TO HIDE ALL THE PIPES AND HOSES AND EVERYTHING ELSE? UM, NO.

I MEAN, THE BUILDING IS GONNA HIDE IT FROM 17.

SO WE WEREN'T AS CONCERNED ABOUT THE VACUUM STALLS IN THIS SITUATION.

UH, CUZ IT'S AT THE BACK OF THE PROPERTY AND NOT FACING 17.

OKAY.

AND THE OTHER QUESTION IS, UH, NOISE.

MM-HMM.

, WE HAVE A D WE HAVE A DECIBEL RATING LIMIT, UH, WITHIN OUR, OUR ZONING BYLAWS, BUT I DON'T SEE ANYTHING IN HERE IN THE PROPOSAL THAT'S, THAT STATES HOW LOUD THIS, UH, VE OR THE, UM, THE DRYING TUNNEL WILL BE.

WE GOT INTO THIS SAME DEBATE WITH TITLE CAR WASH IN TERMS OF NOT HAVING IT IN THE RESOLUTION, NOT HAVING IT IN THE PACKAGE.

RIGHT.

WE HAD NO WAY TO GO BACK AND CORRECT THAT AFTER THE FACT.

I, I WANNA SEE A RESOLUTION THAT ADDS A, A, A COMMENT ON THE DECIBEL RATING THAT'S ACCEPTABLE FOR US.

WHAT WOULD BE THE CONCERN HERE WITH THE DECIBEL RATING? BECAUSE WE KNOW THAT THE TIDAL CAR WASH, UM, AIR DRYING SYSTEM GENERATED LEVELS OF 105 TO 110 DECIBELS.

BUT WHO, WHO WOULD THAT BE AFFECTING IN THIS CASE? THERE'S NO RESIDE RESIDENCE AROUND.

IT'S STILL A PROPERTY LINE ISSUE.

UH, WE SHOULDN'T BE ALLOWING HIGH NOISE, UH, BUSINESSES.

I MEAN THAT, THAT'S A CONDITION YOU COULD, UH, PUT IN THE RESOLUTION IF YOU WOULD LIKE.

I MEAN, I WOULD DEFER TO THE COUNTY ATTORNEY.

I KNOW THAT, I DON'T WANNA SPEAK OUTTA TURN, BUT I DO BELIEVE THAT THE COUNTY IS TRYING TO WORK ON THIS NOISE ORDINANCE.

UM, BUT I DON'T KNOW WHERE IT IS OR WHAT IT IS, BUT I MEAN, AS FAR AS STAFF IS CONCERNED, THERE'S NO RESIDENTS AROUND HERE.

SO WE WOULDN'T BE VERY CONCERNED ABOUT THE NOISE IN THIS SITUATION.

IT'S A GENERAL BUSINESS USE THAT'S SURROUNDED BY GENERAL BUSINESS USES.

UM, IT'S NOT OPEN LATE AT NIGHT, SO THERE WOULD BE NO, NOT, THERE WOULD BE NO RESIDENCE IMPACTED.

USUALLY WHEN YOU'RE WORRIED ABOUT NOISE IT'S BECAUSE IT'S GONNA IMPACT A RESIDENTIAL AREA IN THIS SITUATION.

IT DOESN'T.

IN THE OTHER TIDAL WAVE, YES, IT WOULD'VE AFFECTED THAT PROPERTY CUZ SO I COULD SEE THAT, UM, IN THE TIDAL WAVE LOCATION FURTHER DOWN 17, UH, CUZ IT BACKED UP TO RESIDENTIAL IN THIS SITUATION THERE'S NO RESIDENTIAL EVEN CLOSE.

SO, BUT I MEAN, AS I SAID, IF YOU FELT CONCERNED FOR IT, YOU COULD PUT IT AS A CONDITION OF APPROVAL WITHIN THE RESOLUTION THAT YOU SENT TO THE BOARD OF SUPERVISORS.

I FELT CONCERNED BECAUSE WE HAD NO WAY TO GO BACK AND CORRECT IT IN THE OTHER INSTANCES.

MM-HMM.

.

YEAH.

SO THAT'S WHY THAT WOULD BE MY SUGGESTION IF YOU WANTED TO MAKE IT A CONDITION OF APPROVAL.

THANK YOU.

MM-HMM.

, ANYONE ELSE? NO, NO, NO.

THANK YOU SIR.

APPLICANT, UM, IS THE APPLICANT AVAILABLE? OH GOOD.

OKAY.

COME ON FORWARD.

FORD.

WHAT? HI, GOOD EVENING.

UH, MY NAME IS TYLER ROSE.

I'M AN ATTORNEY WITH THE LAW FIRM WILLIAMS MULLIN.

UH, MY ADDRESS IS 2 22 CENTRAL PARK AVENUE, SUITE 1700, VIRGINIA BEACH, VIRGINIA.

UM, WANTED TO, UH, THANK STAFF FOR THEIR HARD WORK ON THIS APPLICATION AND FOR THE RECOMMENDATION OF APPROVAL.

AND, UH, THANK MR. ANDERSON FOR THE WONDERFUL PRESENTATION.

I WILL TRY NOT TO BE DUPLICATIVE IN MY REMARKS HERE TONIGHT.

UM, THE SITE WILL BE OPERATED BY TOMMY'S EXPRESS CAR WASH.

UM, AS MR. ANDERSON NOTED, THEY ARE, UH, EXPERIENCED DEVELOPER AND OPERATOR OF CAR WASH FACILITIES WITH OVER 40 YEARS OF EXPERIENCE.

UH, AND THEY PRIDE THEMSELVES ON DEPLOYING INDUSTRY LEADING TECHNOLOGIES AT THEIR SITES AND LOCATIONS.

UH, THEY CURRENTLY HAVE 153 LOCATIONS OPEN ACROSS THE COUNTRY WITH, UH, 102 SITES COMING ONLINE SOON FOR A TOTAL OF 255 TOTAL LOCATIONS.

SO QUITE THE OPERATOR AND, UH, THEY HAVE QUITE A BIT OF NATIONAL EXPERIENCE.

UM, THERE ARE ALSO SEVERAL LOCATIONS IN VIRGINIA EXTENDING FROM NORTHERN VIRGINIA, UH, DOWN TO RICHMOND.

AND TOMMY IS, IS EXPANDING INTO TO HAMPTON ROADS AS WELL.

SO, WITH RESPECT TO OUR PROJECT, I'D LIKE TO ADDRESS A COUPLE QUESTIONS THAT HAVE COME UP DURING THE APPLICATION PROCESS, BOTH FROM STAFF AND ALSO THROUGH MY CONVERSATIONS WITH A FEW OF YOU.

UM, SO FIRST QUESTION, UH, IS REGARD TO MARKET SATURATION AND PUTTING A CAR WASH NEXT TO A CAR WASH.

SO, UM, I THINK IT'S IMPORTANT FOCUS ON THE FACT THAT THIS IS A REVITALIZATION OF AN EXISTING CAR WASH FACILITY AND THERE WILL BE NO NET INCREASE IN CAR WASH FACILITIES IN THE COUNTY.

UM, AND SO WE ARE DETERMINED AND LOOKING FORWARD TO BRINGING THE SITE UP TO CODE AND BRINGING INTO COMPLIANCE WITH THE COUNTY'S LANDSCAPING DESIGN AND DEVELOPMENT REQUIREMENTS, INCLUDING THE ROUTE 17 CORRIDOR, UH, OVERLAY REQUIREMENTS.

AND WE ARE IMPROVING THE SITE WITH A MUCH BETTER PRODUCT.

IT WILL BE ENVIRONMENTALLY BETTER BECAUSE IT WILL UTILIZE VERY EFFICIENT TECHNOLOGIES AND WILL USE MUCH

[01:25:01]

LESS WATER THAN THE TRADITIONAL CAR WASH.

UM, AND DUE TO THE CONVEYOR BELT SYSTEM THAT TOMMY'S USES, UM, IT CAN ACCOMMODATE TRADITIONAL VE VEHICLES AND ALSO VEHICLES THAT CANNOT FIT THROUGH A TRADITIONAL CAR WASH, SUCH AS, UH, SPORTS CARS, LOWERED VEHICLES DUALLY, UH, PICKUP TRUCKS AND, UH, WIRED, WIDENED TIRED TRUCKS.

SO IT CAN SERVE A VARIETY OF VEHICLES THAT THE TRADITIONAL CARWASH CANNOT.

UM, AND SO THE APPLICANTS MARKET AND DEMOGRAPHIC ANALYSES HAVE FOUND THAT THE LOCAL MARKET WILL SUPPORT THIS CAR WASH FACILITY DESPITE BEING NEXT TO AN ADJACENT PROPERTY WITH A CAR WASH ON IT AS WELL.

UH, THE MARKET HAS SUPPORTED TWO CAR WASHES HISTORICALLY, UM, AND IF THOSE MARKET CONDITIONS SHOULD CHANGE AND IT, THE MARKET NO LONGER SUPPORTS THIS CAR WASH, UM, THERE, WE ARE REQUIRED TO REMOVE IT WITHIN, UH, NINE MONTHS OF INACTIVITY SO THAT THE, THE SITE WILL BE REMOVED, THE BUILDING WILL BE REMOVED, THE CARWASH FACILITY WILL BE REMOVED IF IT IS NO LONGER, IF IT IS NOT OPERATIONAL FOR SIX MONTHS OR LONGER.

SO I BELIEVE THE COUNTY WOULD BE PROTECTED THERE IF THOSE MARKET FORCES SHOULD SHIFT.

UM, SECOND, UH, THE NOISE LEVEL OF THE DRYER FANS.

UM, SO THERE HAS NOT BEEN A SOUND STUDY CONDUCTED ON THIS PARTICULAR TOMMY SITE, UH, BUT TOMMY'S DOES USE, AS I MENTIONED EARLIER, INDUSTRY LEADING TECHNOLOGIES.

AND IT WILL BE NO LOUDER THAN ANY CAR WASH SYSTEM OUT THERE, LIKELY LA UH, QUIETER THAN THE EXISTING CAR WASH FACILITY.

UM, AND WE WILL OF COURSE ABIDE BY ANY NOISE REGULATIONS OR CONDITIONS THAT THE COMMISSION SO SHOULD, SHOULD SEE FIT TO PUT ON OUR APPLICATION OF APPROVAL HERE TONIGHT.

IT'S ALSO ALONG A HEAVILY TRAFFIC CORRIDOR, UH, WITH COMMERCIAL, UH, USES AROUND IT.

AND, UH, MS AS MR. ANDERSON REFERENCE, THERE'S NO RESIDENCES AROUND THAT WOULD BE IMPACTED BY THE NOISE.

UM, THIRD WAS A QUESTION ABOUT TRAFFIC LEVELS.

I BELIEVE, UH, MR. ANDERSON ADDRESSED THAT AS WELL.

WE ARE ACTUALLY GONNA HAVE A DECREASE IN TRAFFIC USE ON THE SITE GIVEN THE, UH, UH, THAT WE WILL HAVE A LESS INTENSE USE AS THE PRIOR, UH, EXISTING FACILITY CUZ WE WILL NOT HAVE THE THREE OIL CHANGE FACILITIES THERE AND WE'LL JUST HAVE THE ONE TUNNEL CAR WASH FACILITY.

UM, ADDITIONAL QUESTION ABOUT THE, UH, VACUUM STATIONS COVERING AND THE AESTHETIC CONCERNS THERE.

UH, I DON'T ACTUALLY HAVE THE PRES, I I, I'M NOT ABLE TO PUBLISH IT, BUT I DO HAVE SOME RENDERINGS FROM TOMMY'S WEBSITE THAT I'M HAPPY TO PRESENT TO YOU.

THERE IS SOME COVERING AND THEY ARE THEMSELVES AESTHETICALLY DESIGNED TO TRY TO NOT JUST BE HOSES AND JUST KIND OF THE, YOU KNOW, THE, THE UGLY VACUUM STALLS SITTING BEHIND THE PROPERTY.

UM, AND AS MR. ANDERSON NOTED THAT THEY WON'T BE VISIBLE FROM ROUTE 17, THERE IS ENHANCED LANDSCAPING ALONG 17 ON THE SIDES OF THE PROPERTIES.

AND IF THE COMMISSION WOULD SO LIKE TO SEE, WE WOULD BE HAPPY TO TRY TO DISCUSS IT.

ENHANCED LANDSCAPING ON THE BACKSIDE OF THE PROPERTY, UH, BETWEEN THE YORKTOWN SHOPS AND, UH, THE VACUUM, UH, FACILITIES AS WELL.

SO, UM, AND THEN LASTLY, THERE WAS A QUESTION ABOUT, UH, SPILL CONTAINMENT FACILITIES ON THE PROPERTY.

UM, SO CUZ THE, MY UNDERSTANDING IS THAT THEY HAVEN'T YET DETERMINED WHETHER THE EXISTING CON FACILITIES IN TERMS OF THE OIL WATER SEPARATOR AND ANY UNDERGROUND TANKS THAT MAY BE THERE ARE SUFFICIENT FOR THEIR USE.

THEY WILL LIKELY NEED TO REPLACE THOSE.

AND IF THEY DO NEED TO REPLACE THOSE, THERE WILL BE ENVIRONMENTAL SPECIALISTS ON SITE AND THERE IS AN ENTIRE PROCESS IN TERMS OF SOIL TESTING AND MAKING SURE THAT ANY ENVIRONMENTAL, UH, CONCERNS OR ADDRESSED AND THAT SWAP CAN OCCUR, UM, SEAMLESSLY AND THERE WON'T BE ANY KIND OF CONTAMINATION THERE.

BUT I ALSO WILL DEFER TO THE CIVIL ENGINEER, UH, HERE, IF THERE'S ANY SPECIFIC QUESTIONS ON THAT, WE WOULD BE HAPPY TO ADDRESS THOSE AS WELL.

UM, SO THOSE ARE THE QUESTIONS I'VE BEEN, UH, RECEIVED SO FAR.

OBVIOUSLY HAPPY TO ADDRESS ANY ADDITIONAL QUESTIONS, BUT, UH, WE DO BELIEVE THAT THIS PROJECT IS A WONDERFUL OPPORTUNITY TO REVITALIZE THIS PROPERTY INTO A PRODUCTIVE ASSET FOR THE COUNTY THAT WILL UTILIZE STATE-OF-THE-ART CARWASH, UH, TECHNOLOGIES THAT CAN SERVE AS TRADITIONAL AND NON-TRADITIONAL VEHICLES WHILE BRINGING THE PROPERTY INTO COMPLIANCE WITH THE COUNTY'S AESTHETIC ENVIRONMENTAL AND DEVELOPMENT REQUIREMENTS.

UM, THE APPLICANT HAS REVIEWED THE CONDITIONS TO DATE AND DOES FIND THEM ACCEPTABLE, AND SO WE WOULD RESPECTFULLY REQUEST YOUR RECOMMENDATION OF APPROVAL TO THE BOARD.

I'LL STAND BY FOR ANY QUESTIONS AND AS I MENTIONED, WE HAVE OUR ENVIRONMENT OR OUR, UH, CIVIL ENGINEER ON STANDBY AS WELL.

SO THANK YOU FOR YOUR TIME THIS EVENING.

OKAY, GENTLEMEN, I DO HAVE ONE QUESTION.

CAN YOU, YOU MENTIONED THAT YOU'VE DONE AN ECONOMIC STUDY FOR, UM, THE, THE SUPPLY AND DEMAND IS ABLE TO SUPPORT A THIRD, UH, CAR WASH FACILITY.

CAN YOU EXPAND A LITTLE BIT ON THAT? DO YOU HAVE WELL,

[01:30:01]

SO YEAH, JUST IN TERMS OF DOING THE DILIGENCE ON THE SITE, I'M NOT PRIVY TO THE ACTUAL UNDERLYING DEMOGRAPHIC AND APP MARKET ANALYSIS THAT THEY DO DO.

UM, BUT I KNOW THAT TOMMY'S DOES HAVE THEIR REQUIREMENTS IN TERMS OF FRANCHISEES, AND SO THERE HAS BEEN A COLLABORATION AND TO THE EXTENT THAT MAYBE THOSE STUDIES ARE PROPRIETARY AND BUSINESS CONF CONFIDENTIAL FROM A BUSINESS STANDPOINT, I WOULDN'T BE AT LIBERTY TO DISCLOSE THOSE EVEN IF I DID HAVE THAT INFORMATION.

BUT, UH, MY UNDERSTANDING IS THAT THEY'RE NOT, THEY WOULDN'T MAKE THIS KIND OF INVESTMENT WITHOUT THAT TYPE OF UNDERSTANDING THAT THE MARKET WILL BEAR THIS.

AND I DO THINK THE COUNTY, UM, IS PROTECTED FROM A SHIFT IN MARKET DEMAND OR, OR WHATNOT FROM THE CONDITIONS THAT ARE IN THE ORDINANCE AS WELL.

OKAY, THANK YOU.

ANY OTHERS, GENTLEMEN? OKAY.

ALL RIGHT.

I GUESS WE'RE FINISHED.

THANK YOU VERY MUCH.

IS THERE ANYONE THAT WISHES TO COME FORWARD AND SPEAK CITIZENS? I DIDN'T HEAR ANYBODY SIGNED UP, SO I'M NOT ON THE LIST, BUT I WOULD LIKE TO SPEAK.

MY NAME IS WILLIAM DUGAY.

I RESIDE AT ONE 10 HERITAGE PLACE IN SEAFORD, VIRGINIA, 20 3006 96.

I AM THE CURRENT OWNER OF CRUISE THROUGH, I BUILT CRUISE THROUGH IN 1999 WITH BLOOD, SWEAT AND TEARS OF BEING A GENERAL CONTRACTOR.

I PUT MY LIFE SAVINGS IN THAT PLACE AND I OPERATED IT UP UNTIL COVID 20 SOME YEARS THERE, DEDICATED GIVING SERVICE TO THIS COMMUNITY IN LUBES DETAILS AND CAR WASHES, BLOOD, SWEAT, AND TEARS 24 7 EVEN THOUGH WE'RE ONLY OPEN TILL FIVE OR SIX.

AND I'M IN PROCESS OF RETIRING AND PUT MY BUSINESS UP FOR SALE.

NOW, HAD I KNOWN THAT UH, SELLING A BUSINESS CLOSED IS WORSE THAN TRYING TO SELL A BUSINESS OPERATIONAL, I WOULD'VE KEPT THE DOORS OPEN.

BUT DURING COVID, AS YOU ALL KNOW, YOU KNOW, WE ALL STRUGGLE AND THANK GOD THAT THE GOVERNMENT STEPPED IN AND LET US PAY OUR EMPLOYEES WHEN WE WEREN'T WASHING OR CHANGING ANY OIL ON CARS AT ALL.

SO TONIGHT, I'M ONLY HERE BECAUSE MY WIFE AND I WERE CONCERNED THAT WHOEVER WE SOLD IT TO WOULD BE GOOD STEWARDS LIKE WE HAVE BEEN.

I'VE ALWAYS COMPLIED WITH ALL THE COUNTY, UH, ORDINANCES THERE.

I'VE NEVER BEEN, UH, I'VE NEVER HAD AN ACCIDENT OUT IN FRONT OF MY LOCATION BECAUSE OF A TURNING LANE THAT I PUT IN OR, OR BECAUSE OF, UH, THE SIDE ROAD AS SERVICES, THE BACK OR COMING IN, IN THE 23 YEARS THAT I'VE BEEN THERE, I NEVER HAD ANY CITATIONS, NEVER HAD ANY VIOLATIONS WHATSOEVER IN ANY OF THAT FOR ME, I THINK THAT WHAT TOMMY'S, WHEN I DID MY DICK TRACY, PARDON MY FRENCH, THEY HAD A COMPANY THAT, THAT WAS PREPARED TO INVEST AN ENORMOUS AMOUNT OF MONEY TO TAKE A FACILITY THAT IS CURRENTLY STANDING AND MAKE IT BETTER THAN IT IS.

AND IT TOOK ME A LITTLE WHILE TO UNDERSTAND THAT THEY WERE GONNA BE TEARING DOWN MY BUILDING AND I HAD TO HAVE PRAYERFUL CONSIDERATION ABOUT THAT REAL HEART TO HEART WHETHER I WAS GONNA SELL IT TO THEM.

BUT AFTER I DID MY DICK TRACY WORK AND I FOUND THEM TO BE CREDIBLE, I FOUND THEM TO BE A COMPANY THAT IS GOING TO PUT UP SOMETHING THAT'S GONNA BASICALLY ADD AN ENORMOUS AMOUNT OF TAX REVENUE.

AND IF IT DOESN'T WORK, IT'S THEIR DOLLAR AND THEY'LL DO WHATEVER IT TAKES TO MAYBE SELL IT TO SOMEBODY ELSE, MAYBE A RESTAURANT.

WE'VE HAD PEOPLE THAT WANTED TO BUY IT, BUT IT'S UNDER CONTRACT WITH TOMMY'S.

SO MY WIFE AND I ARE ENTHUSIASTICALLY WAITING FOR THE APPROVAL AND HAVE BEEN BECAUSE IT'S A LONG PROCESS GETTING SOMETHING THROUGH THE COUNTY.

I'M ONLY HERE TONIGHT.

JUST LET YOU KNOW THAT I'M A REAL PERSON TOO.

I'M NOT A CORPORATION.

I LIVE IN THE COUNTY, I'VE BEEN HERE, I'VE SUPPORTED IT.

NOW IT'S TIME FOR Y'ALL TO SUPPORT MY SALE AND APPROVE THIS CAR WASH AND LET THE GIANTS IN THE CAR WASH INDUSTRY PREVAIL.

WE OPERATED FOR 23 YEARS SIDE BY SIDE WITH THE CAR WASH NEXT TO ME AND WE GOT ALONG FINE.

PEOPLE GRAVITATE TO THE PEOPLE THAT THEY CAN DO BUSINESS WITH AND WE ALL CAN'T DO BUSINESS WITH EVERYBODY.

THANK YOU.

BUT ANYWAY, THANK SIR YOU FOR CONSIDERATION.

IF YOU HAVE ANY QUESTIONS OF ME, I'LL BE HERE TO ANSWER 'EM AS WELL.

THANK YOU.

EVERYTHING GOOD? THANK YOU SIR.

THANK YOU VERY MUCH.

OKAY.

IS THERE ANYONE ELSE THAT WISHES TO COME FORWARD? WE'RE DONE.

UM, OKAY, HOLD ON.

LET ME FIND MY PLACE.

COMMISSION MEMBERS.

Y'ALL HAVE ANYTHING YOU WANNA SEE CLOSE THE PUBLIC HEARING CLOSE.

OH, I HAVE TO CLOSE THE PUBLIC HEARING.

SORRY.

THANK YOU.

I'M GONNA GET THIS BY

[01:35:01]

THE TIME I LEAVE.

.

OKAY.

COMMISSIONERS.

ANYBODY HAVE YOU HAVE ANYTHING LIKE THAT? JUST A COMMENT.

SURE.

UM, I THINK THIS IS A GREAT OPPORTUNITY TO, UH, ACTUALLY BUILD A VERY NICE FACILITY.

I MIGHT SAY THAT FROM THE DRAWINGS I'VE SEEN, RIGHT? WE'RE GETTING A BEAUTIFUL BUILDING, GETTING UPGRADED, UH, SITE PLAN, UH, A LOT OF THINGS I AM NOT, UM, CONTRARY TO MY FELLOW COMMISSION, I'M NOT WORRIED NECESSARILY ABOUT THE SOUND.

THEY'LL BE DROWNED OUT BY PROBABLY THE HARLEY DAVIDSON'S MOTORCYCLES THAT ARE RIGHT BEHIND IT.

UM, IT'S A COMMERCIAL AREA.

THERE'S NO RESIDENTIAL ANYWHERE AROUND.

UM, I'M NOT OPPOSED TO ANY REASONABLE, UH, LIMITATIONS, BUT I DON'T THINK IT'S, UH, MUCH OF A CONCERN.

I'M VERY HAPPY THAT SOMEONE'S MAKING AN INVESTMENT, UH, IN A COUNTY AND BRINGING A SITE UP TO THE CURRENT ZONING ORANGE COMPLIANCE, UH, AND REALLY A BUILDING THAT LOOKS REALLY NICE.

AND, UH, I THINK THIS IS, YOU KNOW, WE STILL LIVE IN AMERICA, SO COMPETITION IS A GOOD THING FOR ALL OF US.

I UNDERSTAND THERE'S SOME CONCERNS FROM SOME ABOUT SATURATION.

UH, HOWEVER I THINK IT'S A GOOD THING, UH, FOR COMPETITION AND, UH, I'M GONNA BE IN SUPPORT OF IT.

THANK YOU.

AWESOME.

THANK YOU.

I CAN SAY, JUST KIND OF ECHO WHAT HE WANTS TO SAY.

I LIVE IN SEAFORD AND IN THE BUILDING THAT'S THERE HAS REALLY GONE DOWNHILL.

AND WHEN YOU DRIVE BY, YOU KIND OF, OOH, SO A NICE NEW BUILDING CAR WASH WAS USED WHEN IT WAS OPEN BEFORE COVID AND, UH, IT WAS BUSY AND IT WORKED WELL AND IT WAS CLEAN.

I THINK WHAT YOU'RE BRINGING IS A STEP UP FROM THAT.

SO THANK YOU.

ANYONE ELSE? I'LL LET YOU GO FIRST.

YEAH, I I JUST GO AHEAD.

I JUST HAVE THE ONE CONCERN ABOUT, UH, DECIBEL LEVEL.

I, I THINK WE NEED TO HAVE SOME STANDARDS DEFINED IN THE PROPOSAL.

UM, I AGREE IT'S NOT A RESIDENTIAL NEIGHBORHOOD, SO IT'S, IT'S NOT LIKE YOU HAVE TO BE AT 75 DECIBELS, BUT I DON'T WANT JET ENGINES.

RIGHT.

AND, AND I THINK THE, I THINK THE CASE TO BE MADE IS WHAT'S A REASONABLE DECIBEL LEVEL AND HOW DO WE MAKE SURE THAT ANY BUSINESS THAT PUTS A CAR WASH IN THERE CAN COMPLY WITH THAT.

SO I, I WOULD, I WOULD MAKE A RECOMMENDATION THAT THE, UH, THAT THE PROPOSAL ADD ONE LINE ON, UH, A DECIBEL LEVEL, UH, SET BY THE COUNTY.

OKAY.

I, I, I WOULD TELL YOU, I, THIS HAS BEEN A VERY GOOD PRESENTATION AND I, I APPLAUD, UH, THE EFFORT THAT WENT IN, INTO THE DETAIL THAT WENT INTO THIS.

CUZ I'LL TELL YOU, I WALKED INTO THIS AS MOST CITIZENS WOULD NORMALLY SEE THIS AND GO, WHY WOULD WE PUT TWO OF THE SAME THINGS? WHY WOULD YOU PUT A SEVEN 11 SIDE OF 7-ELEVEN, UM, TYPE THING? AND WE, WE, WE ARE CONCERNED ABOUT HAVING TOO MANY OF THESE FACILITIES IN A VERY SHORT AREA.

UM, BUT I THINK NUMBER ONE, THE LOT IS ALREADY AN EXISTING FACILITY THAT DOES THE EXACT SAME THING.

EXACTLY.

UM, IT'S, IT, IT DID HAVE, ITS ITS DAY, I GUESS YOU COULD SAY BEFORE COVID, AND IT'S, IT'S A SHAME THAT THE OUTCOME WAS, UH, WHAT IT WAS.

NOT THAT IT WAS A GOOD FACILITY.

THIS DEFINITELY IS A PROPERTY IMPROVEMENT.

UM, AND AGAIN, I APPLAUD THE EFFORTS OF THE LANDSCAPING, UM, ADDITIONS THAT ARE BEING DONE THERE.

UM, AS I SAID, IT'S IN, IT'S ALREADY APPROVED, UH, FOR THIS TYPE OF PURPOSE.

SO IT'S NOT ANYTHING OUT OF THE ORDINARY.

UM, I DON'T SEE THAT THIS IS, THERE'S NO NET CHANGE AND IMPACTS TO THE COMMUNITY OF HAVING THE SAME COMPATIBLE, I GUESS YOU COULD SAY USE THERE FROM, UH, AT LEAST FROM A COMPREHENSIVE PLAN STANDPOINT.

AND GENERALLY OVERALL IT, IT'S GONNA BE AN IMPROVEMENT TO THAT PROPERTY AND TO THAT AREA.

UM, I I, I'LL HAVE TO SAY I'M SURPRISED THAT I'M SUPPORTIVE OF THIS BECAUSE I, FROM AN ECONOMIC STANDPOINT, IT JUST TO ME MADE SENSE NOT TO HAVE TWO OF THE SAME FACILITIES BESIDE EACH OTHER.

BUT AS YOU POINTED OUT, IT'S BEEN LIKE THAT FOR MANY YEARS BEFORE AND IT, IT DID WORK.

UH, SO I'LL JUST HAVE TO KEEP THAT HOPE AND SUPPORT THE FACT THAT WE'RE MAKING A SIGNIFICANT IMPROVEMENT TO, UH, TO ONE OF OUR PROPERTIES.

SO I'LL BE IN SUPPORTIVE OF THIS MADAM CHAIR.

JUST ANOTHER COMMENT HERE.

CERTAINLY, UH, AS I SAID EARLIER, I'M NOT OPPOSED TO SETTING A, A DECIBEL LIMIT, BUT I DON'T WANNA ARBITRARILY PICK SOMETHING THAT DOESN'T WORK.

YEAH, I AGREE.

I I DON'T HAVE THE DEPTH AND TECHNICAL KNOWLEDGE TO DO THAT.

SO I, YOU KNOW, I DON'T WANT TO YIELD TO, I'D LIKE TO YIELD TO STAFF TO, TO GIVE US SOME CONTEXT HERE AND MAYBE EVEN THE, THE, UH, THE ATTORNEY REPRESENTING THE APPLICANT ON WHERE, WHERE IS A PLACE TO LAND ON THAT IS A FEASIBLE AND REASONABLE.

I, I'M STILL CONVINCED THIS, THIS IS AN INTENSE COMMERCIAL AREA AND WE, THE HARLEY DAVIDSON, HAVE YOU GOT 50 MOTORCYCLES, UH, GATHERING AT ALL TIMES? AND I, I, I'M, I'M FOR SURE THAT'S A LOT LOUDER THAN

[01:40:01]

A VACUUM CLEANER OUT BACK, EVEN THE NUMBERS THAT PROPOSED.

BUT I'D LIKE TO HEAR SOMEBODY ELSE'S COMMENT CUZ I DON'T WANNA LAND ON SOMETHING THAT THEY'RE UNABLE TO MEET.

WELL, UH, AS YOU KNOW, MR. KING, WE DO HAVE A, A NOISE ORDINANCE AS MR. ANDERSON INDICATED, UH, THEIR STAFF THAT ARE WORKING ON IMPROVING THAT ORDINANCE.

AND I WOULD SAY, UH, THIS SHOULD BE TREATED AS ANY OTHER USE AND SUBJECT TO THE SAME STANDARDS, SUBJECT TO THE, UH, COUNTY NOISE ORDINANCE.

UH, AS YOU STATE, UH, OR AS WAS STATED, THIS IS A VERY BUSY FOUR-LANE HIGHWAY.

WITHIN THE NEXT 10 YEARS, IT WILL BE A SIX-LANE HIGHWAY.

UH, TRAFFIC NOISE WAS PROBABLY GONNA DROWN OUT IN ADDITION TO THE HARLEYS TRAFFIC NOISE.

IT'S PROBABLY GONNA BE LOUDER THAN, UH, VACUUMS. SO I DON'T SEE ANY REASON TO SUBJECT THIS CAR WASH TO A STRICTER NOISE STANDARD THAN ANY OTHER, UH, COMMERCIAL USE IN THE COUNTY.

I, I WOULD AGREE WITH THAT.

PLUS THE FACT THAT WE HAVE A LONGSTANDING HISTORY OF THIS EXISTING FACILITY THAT HAD PROBABLY OLDER TECHNOLOGY THAT WAS PROBABLY LOUDER THAN WHAT THE NEWER TECHNOLOGY WITH NO VIOLATIONS, NO COMPLAINTS FROM, UM, ADJOINING FACILITIES.

I WOULD, I WOULD HATE TO CREATE A RESTRICTION TO ARBITRARILY, WELL, LIKE I SAID, I'VE LIVED REAL RIGHT THERE.

I DRIVE BY IT EVERY DAY AND CLEAN UP THAT CORNER WOULD BE WELCOME FROM ME.

OKAY.

UM, GO AHEAD, MADAM CHAIR.

MR. KREER, I WOULD LIKE TO, UM, MOVE THIS APPLICATION FORWARD TO THE BOARD OF SUPERVISORS WITHOUT ANY CHANGES OR, UM, TO IT.

UH, THAT'S PC 23 DASH 10.

OKAY.

A MOTION BY MR. KRINER IS TO ADOPT PC 23 DASH 10 TO RECOMMEND AN APPROVAL OF A SPECIAL YE PERMIT TO AUTHORIZE THE CAR WASH AT 64 40 GEORGE WASHINGTON MEMORIAL HIGHWAY.

MR. SMITH? YES.

MR. PETERMAN? YES.

MR. HOLROYD? NO, I'D HAVE TO SAY NO BASED ON NOT HAVING A, A NOTICE, UH, REQUIREMENT.

MR. KING? YES.

MR. KRAINER? YES.

MS. LIDO? YES.

THE MOTION PASSES.

I'D JUST LIKE TO STATE THAT I DO AGREE WITH THE, UM, OVERALL PROPOSAL.

IT'S THE, IT'S THE ONE CONDITION THAT I THINK NEEDS TO BE ADDED THAT, UH, CAUSES ME TO VOTE.

NO.

THANK YOU.

THANK YOU.

OKAY, WE'VE CALLED ROLL.

I THINK WE HAVE ONE MORE.

IS THAT WHAT YES, WE DO.

WE'RE HERE FOR MR. CHISMAN APPLICATION

[Application No. UP-1012, Richard Chisman: Request for a Special Use Permit to authorize the establishment of a four-bedroom boarding house, pursuant to Section 24.1-306 (Category 2, No. 5) of the York County Zoning Ordinance, on a 0.7-acre parcel of land (GPIN T08b-3008-4693) located at 120 Lewis Drive (Route 628). The property is zoned RR (Rural Residential) and designated Low Density Residential in the Comprehensive Plan.]

UP, UH, 10 12 23.

MR. CHISMAN, ARE YOU READY? IT IS AN APPLICATION FOR A BOARDING HOUSE AT ONE 20 LEWIS DRIVE.

THE APPLICANT IS RICHARD CHISMAN.

UH, WE'VE NEVER HAD AN APPLICATION FOR A BOARDING HOUSE, UH, ACCORDING TO OUR RECORDS, UH, IN THE HISTORY OF THE COUNTY.

SO, UH, I THINK IT'S WORTH, UH, PROVIDING A DEFINITION AS DEFINED.

THE ZONING ORDINANCE BOARDING HOUSE IS A DWELLING OTHER THAN A HOTEL MOTEL B AND B OR TOURIST HOMEWARE FOR COMPENSATION MEALS OR LODGING, OR PROVIDED FOR THREE OR MORE NON-TRANSIENT GUESTS.

AND AS WE SHOULD ALL KNOW BY NOW, 90 DAYS IS THE THRESHOLD, UH, FOR TRANSIENT VERSUS NON-TRANSIENT.

UH, BOARDING HOUSES ARE PERMITTED ONLY IN THE RURAL RESIDENTIAL AND RESIDENTIAL MULTI-FAMILY DISTRICTS, AND ONLY UPON THE ISSUANCE OF A SPECIAL USE PERMIT BY THE BOARD OF SUPERVISORS.

THE PROPERTY IN QUESTION IS ABOUT TWO THIRDS OF AN ACRE, UH, ON THE NORTH SIDE OF LEWIS DRIVE, OUTLINED IN BLUE ON THE MAP HERE.

LEWIS DRIVE IS OFF, OFF OF SEAFORD ROAD THAT YOU'RE HEADING, UH, HEADING EAST A LITTLE BIT, UH, BEYOND, UH, SEAFORD ELEMENTARY SCHOOL.

SEAFORD BAPTIST CHURCH PROPERTY.

ALL THE SURROUNDING AREA IS ZONED RURAL RESIDENTIAL.

UH, THERE IS A LARGE AREA TO THE, UH, WEST OVER THERE, ZONED RESOURCE CONSERVATION.

THAT'S PROPERTY OWNED BY THE NATURE CONSERVANCY.

UH, THIS IS AN AERIAL PHOTO OF THE PROPERTY FROM 2021.

AND, UH, A FEW MORE PICTURES.

THIS IS THE HOUSE, UH, SCENE FROM LEWIS DRIVE.

AND YOU CAN SEE, UH, UH, ON, UH, ON THE RIGHT HAND SIDE, UH, OF THE PHOTO HERE IS AN EXISTING TWO CAR GARAGE.

YOU CAN'T REALLY SEE THE, THE BOARDING HOUSE BUILDING ADDITION HERE.

UH, HERE'S ANOTHER VIEW HERE WHERE YOU CAN SEE, UH, THE, THE, THE BOARDING HOUSE WOULD BE LOCATED IN THIS, UH, WHITE, UH, UH, BUILDING ADDITION THAT YOU SEE OVER HERE.

HERE'S A BETTER VIEW

[01:45:01]

OF IT.

UM, IT WAS FORMALLY A DETACHED GARAGE, UM, THAT LA LATER, UH, BECAME CONNECTED TO THE HOUSE, UH, WITH A, UH, A, UH, BREEZEWAY, UH, MAKING IT PART OF THE HOUSE.

THERE IS, UH, SIGNIFICANT PARKING AREA, LOT OF STONE, UH, MR. CHISMAN IS PUT OUT THERE, UM, IN THE, UH, FRONT.

AND YOU CAN SEE THE WOODEN WHEEL STOPS, UH, ABOUT 36 FEET, UH, IN LENGTH.

UM, AND THE, UH, FOR A BOARDING HOUSE, UH, THE ZONING ORDINANCE TO REQUIRES A MINIMUM OF SIX PARKING SPACES, TWO FOR THE HOUSE, ONE FOR EACH SLEEPING ROOM.

AND THEN, UH, THIS IS THE REAR OF THE HOUSE AND THERE'S MORE STONE BACK THERE, MORE PARKING AREA.

UH, AND AS I MENTIONED, THERE'S A, A, A TWO CAR GARAGE, UH, AS WELL.

THIS IS, UH, THE OTHER SIDE OF THE, UH, THE WESTERN SIDE OF THE HOUSE.

THERE IS A SHARED, UH, DRIVEWAY, UH, BETWEEN MR. CHIPMAN'S PROPERTY AND THE PROPERTY TO THE WEST.

AND YOU CAN SEE THE FENCE, UH, HERE DELINEATING, UH, THERE IS A, UH, I BELIEVE A 15 FOOT INGRESS EGRESS EASEMENT ON, UH, MR. CHIPMAN'S PROPERTY FOR THAT DRIVEWAY.

UH, THERE IS A STORAGE BUILDING TO THE REAR OF THE HOUSE.

UM, AND ONE OF THE CONDITIONS THAT WE PUT IN THE APPLICATION OR IN THE RESOLUTION IS THAT, UH, THERE COULD BE NO RENTALS, UH, WITHIN THAT STORAGE BUILDING.

UH, THERE IS A GOOD BIT OF VEGETATION, UH, BETWEEN MR. CHEESEMAN'S, UH, PROPERTY AND THE PROPERTY TO THE EAST.

UH, A LOT OF TREES ON THE ADJACENT PROPERTY OWNER'S SIDE, UM, WHICH IS GOOD BECAUSE, UH, MR. CHIPMAN'S HOUSE IS ONLY 4.8 FEET, UH, FROM THE SIDE PROPERTY THAT I'M, AND I'LL GET TO THAT IN A MINUTE.

UH, LEWIS DRIVE, IT IS A VERY NARROW ROAD.

UH, IN FACT, IT LOOKS WIDER IN THIS PICTURE THAN IT REALLY IS.

UH, I WOULD SAY ABOUT 14, 15 FEET.

UH, ALTHOUGH IN SOME AREAS, INCLUDING MR. CHIPMAN'S PROPERTY, THERE'S, UH, STONE HAS BEEN LAID ALONGSIDE THE ROAD TO PROVIDE A WIDER DRIVING SURFACE.

UH, BUT IT IS, UH, QUITE NARROW.

UM, UH, WHEN I WAS OUT THERE, THERE WERE, UH, A COUPLE OF CARS PASSING AND, AND ONE OF THEM, UH, HAD TO PULL OVER TO THE SIDE OF THE ROAD SO THE OTHER ONE COULD PASS.

UH, I'M TOLD BY, UH, RESIDENTS OUT THERE THAT THAT IS NOT AN UNCOMMON OCCURRENCE.

OKAY, SO IT'S A VERY LARGE HOUSE, A LITTLE UNDER 4,300 SQUARE FEET, EIGHT BEDROOMS, FOUR IN THE MAIN HOUSE, AND FOUR IN THE, UH, THE BUILDING EDITION WHERE THE BOARDING HOUSE USE WOULD BE, UH, WOULD TAKE PLACE AT THE APPLICATION IS APPROVED.

AS I MENTIONED, IT'S A TWO, TWO-THIRDS OF AN ACRE.

IT'S NON-CONFORMING.

UH, IT'S AN OLDER LOT, SO IT DOESN'T CONFORM TO THE ONE ACRE MINIMUM LOT SIZE IN THE, OUR ZONING DISTRICT.

UH, THERE'S A LONG CHRONOLOGY IN THE STAFF REPORT, UH, HISTORY OF, UH, THE PROPERTY AND HOW WE GOT TO THIS POINT.

I'M NOT GONNA GET INTO ALL THOSE DETAILS.

I'D BE HAPPY TO ANSWER ANY QUESTIONS IF THERE ARE ANY, UH, ABOUT THAT.

UH, JUST A COUPLE OF OF THINGS TO NOTE HERE.

I MENTIONED THE 4.8 FOOT SIDE YARD, UH, SETBACK THAT WAS ACTUALLY APPROVED BY THE BOARD OF ZONING APPEALS BACK IN 2011.

UH, IT'S VERY COMPLICATED.

AS I MENTIONED.

THE, UH, THE BUILDING ADDITION WAS ORIGINALLY A DETACHED GARAGE, AND AT THE TIME IT WAS BUILT, THERE WAS NO SIDE YARD SETBACK FOR, UH, DETACHED GARAGES.

UH, SO IT WAS, UH, QUITE CLOSE TO THE PROPERTY LINE, UM, BECAUSE THERE WERE, UH, SOME APARTMENTS IN THAT BUILDING ON THE SECOND FLOOR.

UM, AND YOU CAN'T HAVE MORE THAN ONE BEDROOM IN AN ACCESSORY APARTMENT.

UH, IT WAS NECESSARY FOR, UH, MR. CHISMAN TO BUILD THAT, BUILD A BREEZEWAY BETWEEN THE MAIN HOUSE AND THE FORMERLY DETACHED GARAGE MAKING THE DETACHED GARAGE PART OF THE HOUSE.

UNFORTUNATELY, UH, WHAT THAT DID WAS ALSO SUBJECT HIM TO THE NORMAL, UH, BUILDING SIDE YARD BUILDING SETBACK, UH, FOR OUR HOUSE IN OUR, OUR, WHICH IN THIS CASE IS A LITTLE OVER 14 FEET.

UM, AND, UH, SO THAT IS WHY IT WAS NECESSARY FOR HIM TO APPLY FOR A VARIANCE WHICH WAS GRANTED BY THE BOARD OF ZONING APPEALS.

UM, THERE WAS A NOTICE OF VIOLATION ISSUED LAST YEAR, UH, WHEN THE COUNTY BECAME AWARE THAT, UH, UH, THERE WERE THREE RENTAL UNITS IN THE, UH, ADDITION,

[01:50:01]

UM, TWO UPSTAIRS, ONE DOWNSTAIRS.

AND, UH, SO MR. UH, CHISMAN, THE APPLICANT WAS, UH, DIRECTED TO, UH, UH, HAVE THE TENANTS, UH, VACATE THOSE UNITS.

UM, AND, UH, ALSO, UH, UH, PUT A, A, A PASSAGEWAY, AN OPENING IN THE EXTERIOR WALL, UH, ABOVE THE GARAGE, UH, SEPARATING THOSE TWO UNITS, BASICALLY PREVENTING THEM FROM BEING SEPARATE APARTMENT UNITS.

UH, HE WAS ALSO DIRECTED TO, UH, UM, ELIMINATE THE UNIT DOWNSTAIRS, UH, AND, UH, UH, SUBMIT A, A SUBDIVISION PLAT VACATING.

THERE'S AN INTERIOR PROPERTY LINE.

IT WAS ORIGINALLY TWO PARCELS, AND THAT SHED IN THE BACK, UH, ACTUALLY TRAVERSED THE PROPERTY LINE, WHICH IS NOT ALLOWED.

SO, UH, AND HE WAS ALSO DIRECTED TO REMOVE, UH, TRASH AND CONSTRUCTION DEBRIS, UH, AND, UH, AND, AND CEASE RENTING UNITS OR BEDROOMS, UH, UNTIL APPLYING FOR A SPECIAL USE PERMIT.

SO, UH, HE DID ALL OF THOSE THINGS.

AND SO, UH, HE, UH, IS, UH, BEFORE YOU TONIGHT REQUESTING AUTHORIZATION TO RENT, UH, THOSE FOUR EXISTING BEDROOMS THAT ARE ON THE SECOND STORY OF THE BUILDING EDITION, OFFER THEM FOR, UH, NON-TRANSIENT RENTAL.

THIS IS A, UH, SKETCH PLAN OF THE PROPERTY STRUCTURE.

AS YOU CAN SEE, IT'S, UH, A BUILDING THAT'S BEEN EXPANDED AND ADDED ONTO AND, AND, UH, OVER THE YEARS.

UM, YOU CAN SEE, UH, THIS IS THE, UH, BREEZEWAY, UH, I WAS TALKING ABOUT CONNECTING WHAT WOULD BE THE BOARDING HOUSE WITH THE MAIN HOUSE.

UH, AS I MENTIONED, THERE'S TWO CAR GARAGE.

UH, ADDITIONAL ASPHALT HAS BEEN, BEEN LAID OUT FRONT HERE TO PROVIDE SUFFICIENT PARKING AREA.

UH, SO THE, THE, THE, UH, FOUR BEDROOMS ARE ON THE, UH, SECOND FLOOR OF THIS STRUCTURE.

THERE IS NO TRAFFIC DATA FOR BOARDING HOUSES.

UH, SO WE TRIED TO, UH, COME UP WITH SOME COMPARABLE DATA.

UM, THERE ARE A NUMBER OF WAYS YOU COULD LOOK AT IT.

IF YOU LOOK AT IT.

UH, THE AVERAGE SINGLE FAMILY DETACHED HOME GOING BY THE NUMBERS THAT WE ALWAYS USE FROM THE ITT TRIP GENERATION MANUAL.

UH, YOU CAN SEE TYPICAL SINGLE FAMILY DETACHED HOME GENERATES NINE AND A HALF TRIPS, UH, ON AVERAGE, UH, DURING THE DAY, ABOUT ONE TRIP IN BOTH THE AIM AND PMP COUNTER.

ANOTHER WAY TO LOOK AT IT, SINCE IT IS A FOUR BEDROOM, UH, HOUSE WITH A FOUR BEDROOM ADDITION, IS, UH, AS THE FUNCTIONALLY EQUIVALENT OF TWO SINGLE FAMILY, FAMILY DETACHED HOMES, IN WHICH CASE YOU WOULD DOUBLE THOSE NUMBERS.

SO, 19 TRIPS PER DAY, ONE AND A HALF IN THE AM P UH, TWO IN THE PM PEAK.

UH, ANOTHER WAY TO LOOK AT IT IS AS A SINGLE FAMINE ATTACHED HOME WITH EIGHT OCCUPANTS.

THE TRIP GENERATION MANUAL, UH, THE LATEST VERSION DOES IN FACT HAVE TRIP GENERATION DATA BASED ON THE NUMBER OF RESIDENTS, UH, WHICH IS SOMETHING THAT WE DIDN'T HAVE BEFORE.

SO IF YOU LOOK AT IT FROM THAT PERSPECTIVE, UH, YOU'RE LOOKING AT A TOTAL OF 21 TRIPS PER DAY, ROUGHLY TWO, AGAIN, IN THE AMP GOWARD, TWO IN THE PMP COWARDS.

IT'S DIFFICULT TO JUDGE HOW MUCH TRAFFIC A USE LIKE THIS WOULD GENERATE, UH, BECAUSE THERE ARE DIFFERENT OCCUPANCY SCENARIOS.

UH, IF YOU HAVE FOUR INDEPENDENT ADULTS, EACH OCCUPYING SINGLE BEDROOM, UH, THAT WOULD, YOU WOULD EXPECT THAT TO GENERATE MORE TRAFFIC, CERTAINLY MORE PEAK HOUR TRAFFIC THAN IF IT WERE, SAY, A FAMILY OF FOUR.

UH, YOU KNOW, UH, ALTOGETHER, EACH OF THEM OCCUPYING A BEDROOM, MAYBE, YOU KNOW, A COUPLE OR TRIPLE CHILDREN, WHATEVER.

UH, SO WE REALLY DON'T KNOW, UH, WHAT THE, WHAT THE SCENARIO WOULD BE.

SO AGAIN, IT'S, IT'S KIND OF HARD TO SAY, UH, BUT GOING BY THE, UH, IT'S TRIP GENERATION NUMBERS, UM, UH, IT, IT'S ROUGHLY EQUIVALENT TO TWO SINGLE FAMILY DETACHED HOMES.

UH, THERE ARE A LOT OF CONDITIONS IN THE PROPOSED RESOLUTION.

I THINK THERE ARE

[01:55:01]

18 OF THEM.

UM, I'M JUST GONNA HIT SOME OF THEM.

UH, MAXIMUM OF FOUR BEDROOMS AND FOUR RESIDENTS.

I WANNA POINT THAT OUT BECAUSE, UH, IN THE ORIGINAL RESOLUTION, I FORGOT TO INCLUDE THE LIMITATION ON THE NUMBER OF RESIDENTS.

UH, SO YOU HAVE IN FRONT OF YOU A REVISED RESOLUTION, WHICH INCLUDES THAT ADDITION.

UH, WE'RE SAYING NO RENTALS IN THE, IN THE, UH, MAIN HOURS SHOULD SAY MAIN HOUSE, IN THE MAIN HOUSE OR IN THAT, UH, ACCESSORY STRUCTURE BEHIND THE HOUSE.

MINIMUM SIX PARKING SPACES MEETS THAT.

UH, THERE ARE A NUMBER OF CONDITIONS THAT CAME FROM DEPARTMENT OF FIRE AND LIFE SAFETY, DEPARTMENT OF BUILDING SAFETY.

UM, THEY'VE BOTH BEEN OUT THERE TO, UH, LOOK AT THE PROPERTY, INSPECT THE BUILDING.

UH, SO WE'RE TALKING ABOUT, UH, THINGS LIKE SMOKE DETECTORS, CARBON MONOXIDE DETECTORS, FIRE EXTINGUISHERS, UH, EMERGENCY EGRESS.

UH, THE ABILITY TO, UH, FOR PEOPLE TO, UH, VACATE THE, THE PREMISES EITHER BY DOOR BY WINDOW IN THE EVENT OF EMERGENCY AND A FIRE INSPECTION WOULD BE, UH, REQUIRED.

UH, IF THE APPLICATION IS APPROVED, FRANKLY, WE PROBABLY COULD HAVE GONE EITHER WAY ON THIS APPLICATION.

UM, A AND IF THIS REQUEST INVOLVED NEW CONSTRUCTION RATHER THAN THE OCCUPANCY OF AN EXISTING STRUCTURE, UH, I SUSPECT WE WOULD BE RECOMMENDING DENIAL.

UH, THIS IS NOT AN IDEAL LOCATION FOR A BOARDING HOUSE AND STAFF'S OPINION, UH, NEITHER IS AT AN IDEAL LOCATION FOR, FOR AN EIGHT BEDROOM HOUSE.

UH, BUT FOR THAT MATTER, BUT THAT'S THE SITUATION THAT EXISTS TODAY.

UH, THERE IS A HISTORY OF WORK BEING DONE WITHOUT PROPER AUTHORIZATION FROM THE COUNTY.

UH, TO THE EXTENT THOSE WERE OR WERE NOT WILLFUL, UH, VIOLATIONS, WHO CAN SAY, UH, YES, IT WILL, IT WOULD ADD TRAFFIC TO A VERY NARROW ROAD.

UH, BUT IT IS A VERY LOW VOLUME ROAD, ABOUT 250, UH, VEHICLES PER DAY.

AND THE COMBINED TRAFFIC IMPACT OF A FOUR BEDROOM HOUSE WITH A FOUR BEDROOM BOARDING HOUSE DOES NOT APPEAR TO BE SIGNIFICANTLY GREATER THAN FOR AN EIGHT BEDROOM HOUSE WITH EIGHT RESIDENTS.

UH, WITH THAT, WE RECOMMENDED FORWARDING THIS APPLICATION OF THE BOARD OF SUPERVISORS WITH A RECOMMENDATION OF APPROVAL, UH, SUBJECT TO THE CONDITIONS SET FORTH IN PC 2311 R.

AND AGAIN, UH, R THE REVISION IS THE ADDITION OF THE LIMITATION, UH, TO FOUR OCCUPANTS.

UH, MR. CHISMAN IS HERE TO SPEAK ON HIS BEHALF, AND, UH, I'D BE TAKING ANY, I'D BE HAPPY, TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME AT THIS TIME.

OKAY.

ANYBODY QUESTIONS? I'M KIND OF CONFUSED FROM THIS DRAWING AND I'M NOT SEEING THE KITCHEN.

I FORGOT TO MENTION THE KITCHEN.

UH, I DIDN'T PROVIDE A FLOOR PLAN.

UH OH, OKAY.

THERE ARE TWO, THERE ARE, UH, TWO KITCHEN FACILITIES, UH, UPSTAIRS IN THE, TOWARDS THE FRONT GARAGE IS, IT IS WHERE IT SAYS 40 FOOT, 40 INCH BYPASS OR SOMETHING, RIGHT.

OTHER WORDS, PORCH.

IT'S, IT'S KIND OF HARD TO READ THE FLOOR PLAN IN THE, IN THE, UH, IN THE STAFF REPORT.

UH, BUT THAT'S LIKE A KITCHEN, KITCHEN NET.

ONE OF THOSE IS GONNA HAVE TO BE TAKEN OUT.

UM, BECAUSE WHEN YOU CONSIDER IT, WHEN YOU ADD THOSE TO THE KITCHEN IN THE MAIN HOUSE, THREE KITCHENS, THAT KICKS YOU IN THE WHOLE OTHER SECTION OF THE BUILDING CODE.

YOU CAN'T HAVE THREE, IT GOES INTO A COMMERCIAL SITUATION.

GOTCHA.

SO WHAT, UH, ONE OF THE CONDITIONS, AND IN FACT THIS IS GONNA HAPPEN, HAVE TO HAPPEN WHETHER THIS APPLICATION IS APPROVED OR, OR NOT.

UH, BUT ONE OF THOSE COMMISSIONS, COMMISSIONS, ONE OF THOSE KITCHENS IS GOING TO HAVE TO BE REMOVED COMPLETELY AND NOT JUST TAKE OUT THE APPLIANCES.

OKAY.

REMOVED.

OKAY.

ANY OTHER QUESTIONS, GENTLEMEN? NO.

OKAY.

SO WE CAN CLOSE THAT.

A APPLICANT.

WAIT, APPLICANT.

OH, WE NEED THE APPLICANT TO COME FORWARD.

CAN YOU COME FORWARD AND SPEAK, JUST PLEASE? IT DOESN'T HAVE TO, YOU DON'T HAVE TO .

I MEAN, WE'D LIKE FOR YOU TOO.

UH, GOOD EVENING.

MY NAME IS RICHARD, CHILDREN ON ONE 20 LEWIS R SIOUX, VIRGINIA.

MM-HMM.

.

UH, I LOOKED AT THIS SITUATION AND, AND EVERYTHING, BUT, UH, THIS ONE THING I WANT TO PUT, UH, STRAIGHT, UH, MS. MURRAY ANN HARRIS, I'M PRETTY SURE ALL OF Y'ALL ARE FAMILIAR WITH MS. MS. HARRIS.

[02:00:01]

YES, MA'AM.

AND AT THE TIME, I WENT TO HER TO GET A PERMIT TO, UH, HAVE THIS AS APARTMENT.

AND SHE QUOTED TO ME, MR. SLAND IS IT'S NOT OWN APARTMENT.

SHE SAID, ONLY THING YOU CAN DO IS ATTACH THIS BUILDING TO YOUR HOUSE, AND ONCE YOU ATTACH IT TO YOUR HOUSE, IT BECOME ONE BIG RESIDENT.

AND THAT'S, AND THAT'S THAT.

AND THAT'S WHAT I DID.

AND, UH, I, I JUST WANT, UH, I'LL TRY TO FIND OUT.

I MEAN, IT LOOKED LIKE EVERYTHING HAD TRUSTED ALL THE WAY AROUND SINCE SHE, SHE RETIRED, BUT I THINK SHE STILL IS IN MAR BANK.

I, I WAS THINKING OTHER DAY TO GO BY, TO HAVE, HAVE A WORD WITH HER BECAUSE, UH, THE PERMITS SHE GAVE ME, I HAD MY AL APPROVED PLUMBING APPROVED.

I HAD EVERYTHING APPROVED.

SO SHE DID FINALLY GAVE ME A, UH, WHAT YOU CALL A, A OCCUPA PAPERS TO HAVE PEOPLE TO MOVE IN UHHUH .

AND THAT'S, THAT'S ALL I CAN SAY, YOU KNOW, SHE GAVE ME A PERMIT TO DO IT.

OKAY.

SO, UH, I'LL CLOSE ON THAT.

THANK YOU.

THANK YOU, SIR.

UM, HAVE, WAS THERE ANY CITIZENS? OKAY.

OH, IS THIS PATRICIA? YES.

THANK YOU.

I'M PATRICIA CRENSHAW, LIVE AT ONE 17 LEWIS DRIVE.

I HAVE NOTHING PERSONALLY AGAINST MR. CHISMAN.

HE'S, YOU KNOW, I HAVEN'T HAD ANY PROBLEMS WITH HIM MYSELF.

UM, I DO HAVE ISSUES WITH IT BEING A BOARDING HOUSE.

I ASK ALL OF YOU, WOULD YOU WANT A BOARDING HOUSE NEXT TO YOUR HOUSE OR IN YOUR DIRECT NEIGHBORHOOD? UM, I HAVE CONCERNS OF SAFETY.

I HAVE CONCERNS.

YOU KNOW, IT, IT'S, YOU KNOW, YOU DON'T KNOW WHAT TYPE OF PEOPLE IT'S GONNA BE IN THIS HOUSE.

YOU HAVE NO CONTROL OVER IT.

UM, I MOVED TO SEAFORD.

I BUILT IN SEAFORD, UM, TO BE IN A SAFE NEIGHBORHOOD.

UM, AND I JUST DON'T THINK THAT THAT'S GOING TO FACILITATE THE TYPE OF PEOPLE THAT YOU WOULD WANT IN YOUR NEIGHBORHOOD.

SO THAT'S MY MAIN CONCERN.

THANK YOU.

ANYTHING ELSE? THANK YOU, MA'AM.

OKAY.

COMMISSIONERS, CLOSE THE, OH, WAIT, LET CLOSE THE, ARE THERE ANY OTHER CITIZENS? NO.

OKAY.

CAN I ALSO, YEAH, ALSO, THERE'S A, UM, YOU KNOW, THERE WAS A DOCUMENT THAT, YOU KNOW, THIS, MOST OF THE RESIDENTS ON THE STREET SIGN SAYING THAT THEY WEREN'T, YOU KNOW, UM, THAT THEY OPPOSED A BOARDING HOUSE TO BE ACTIVE ON THE RISK THAT, THAT'S THE LETTER THAT I FORWARDED TO.

I THINK WE GOT THAT.

YES.

THAT'S, THAT'S, YES, WE HAVE THAT.

THANK YOU VERY MUCH.

RIGHT.

OKAY.

THANK YOU, MA'AM.

ALL RIGHT.

SO WE'RE GONNA CLOSE THE PUBLIC HEARING.

GENTLEMEN, ANY COMMENT? YEAH.

UM, I MEAN, BASED ON THE FACILITY HISTORY ONE, UH, THE VERY NARROW ROAD, WHICH WOULD BE CONCERNING WITH ADDING ADDITIONAL, UH, TRAFFIC ONTO THAT, THAT SIGNIFICANT OPPOSITION, I THINK THAT WE HAVE RECEIVED, UH, IN THE LAST FEW DAYS, WHICH IS, UH, KIND OF UNUSUAL FOR, FOR THESE TYPES OF APPLICATIONS.

I THINK THAT SPEAKS FOR ITSELF.

AND THEN OBVIOUSLY SETBACK ISSUES, NOTICES OF VIOLATIONS, VARIANCES THAT HAVE BEEN ISSUED.

I, I, I FIND IT DIFFICULT TO SUPPORT, UH, THIS APPLICATION.

OKAY.

I AGREE.

NO, GENTLEMEN.

YEAH, I, I VISITED THE, UH, PROPERTY YESTERDAY.

OH, GOOD.

AND, UM, UM, A OTHER PICKUP TRUCK WAS COMING THE OTHER WAY, AND I HAD TO GO INTO A DRIVEWAY TO ALLOW THE VEHICLE TO PASS.

GOTCHA.

UM, THE ROAD IS REALLY ANY ADDITIONAL TRAFFIC ON THAT ROAD.

IT MAKES IT VERY UNSAFE BECAUSE IT'S SO NARROW.

TRYING TO FIND A PLACE WHERE YOU CAN SAFELY, UH, UH, HAVE THE VEHICLES PASS EACH OTHER'S IS EXTREMELY DIFFICULT.

UM, UH, I HAD TO PULL IN A DRIVEWAY AND THEN, UH, THE, THERE WAS A, UM, MAILBOX RIGHT THERE, UH, AND I HAD TO BACKUP TO TRY AND NOT HIT THE MAILBOX THEN ONCE THAT TRUCK PASSED.

SO, UH, THAT'S MY CONCERN IS THE ROAD IS JUST SO NARROW.

ANY ADDITIONAL TRAFFIC, UH, I WOULD NOT APPROVE.

THANK YOU, MR. KING.

MR. GRINER, ALL TWO HAVE ISSUES WITH THE ROAD AND, UM, AS WELL AS SO MANY OF THE NEIGHBORS DISAGREEING WITH THE, THIS PREMISE

[02:05:02]

THAT I WON'T BE SUPPORTING IT.

OKAY.

I, I FEEL SIMILAR TO MY FELLOW COMMISSIONERS, HOWEVER, I DO FEEL BAD FOR THE APPLICANT THAT WE HAD A CODE COMPLIANCE, UH, DIRECTOR THAT TRIED TO GIVE YOU SOME ADVICE TO TRY AND MAKE IT WORK OUT, AND YOU FOLLOWED THAT.

UM, AND I FEEL BAD ABOUT THAT FOR YOU, UM, BECAUSE IT SOUNDS LIKE THE COUNTY WAS TRYING TO HELP YOU GET IT STRAIGHT AND YOU WERE WILLING TO TRY AND DO THE SAME THING.

UM, HOWEVER, THIS IS NOT AN IDEAL SITUATION FOR THIS KIND OF USE HERE.

UM, WE GOTTA TAKE IN CONSIDERATION, OUR NEIGHBORS AND FELLOW COMMISSIONERS MENTIONED THE, THE, UM, ALTHOUGH THE INTENSITY AND THE INCREASE IN TRAFFIC IS VERY SMALL, UM, IT'S PROBABLY NOT AN IDEAL SITUATION NOW THE WAY IT IS WITH THE FOLKS THAT LIVE OUT THERE.

SO, UH, I, I JUST CAN'T SUPPORT THIS.

THANK YOU.

OKAY.

ANYTHING ELSE? NOPE.

MADAM CHAIR, MAKE A, UH, MOTION TO FORWARD PC C 2311, UH, DASH HAR, UH, TO THE BOARD SUPERVISOR.

OKAY.

A MOTION BY MR. SMITH IS TO ADOPT PC 23 DASH 11 R TO RECOMMEND APPROVAL OF A SPECIAL YOUTH PERMIT TO AUTHORIZE A BOARDING HOUSE AT ONE 20 LEWIS DRIVE.

MR. PETERMAN? NO.

MR. HOREY? NO.

MR. KING? NO.

MR. KREER? NO.

MR. LIUM? NO.

MR. SMITH? NO.

THE MOTION FAILED, SIR.

COME ON.

I GOT A COUPLE MORE THINGS TO SAY.

CAN ASK ANOTHER QUESTION.

COUNTY ATTORNEY.

I THINK THE PUBLIC HEARING WAS CLOSED.

GREG.

I MEAN, I'M, WE HAVE RULES.

YOU, YOU HAVE THE AUTHORITY TO ALLOW.

WE ALLOW.

I WILL LISTEN.

I WOULD, HE'S THE LAST QUESTION.

ABSOLUTELY.

COME AHEAD.

THAT'S WHAT I WOULD LIKE TO ASK.

UH, THE COMMITTEE, UH, I'M 80 YEARS OLD.

I GOT TWO BROTHERS.

UH, THEY'RE OLDER THAN I AM.

AND THEY IS, THEY, THEY IS JUST BUT READY TO BE PUT OUT OF THAT HOME.

AND CAN I ASK, IS THERE ANY WAY POSSIBLE THAT I CAN, WE WAS BORN, WE WAS BORN AND RAISED ON LEWIS DRIVE.

THAT'S WHERE I'VE BEEN ALL MY LIFE.

THEN AT THE END OF THE STREET.

BUT I WOULD LIKE TO ASK THE BOARD, COULD I BRING MY TWO BROTHERS, OLDER BROTHERS HOME AND I COULD PUT THEM IN THE UNIT UPSTAIRS? THE BEDROOMS CAN BE OCCUPIED.

THEY JUST CANNOT BE RENTED.

NOT RENTED.

NO.

I'M JUST TRYING TO GIVE THEM A YES.

A PLACE, YOU KNOW, WHERE THEY HAVE A ROOF OVER THEIR HEAD.

THAT'S ALL.

YEAH, ABSOLUTELY.

YOU HAVE THAT.

YOU HAVE THAT.

I SO APPRECIATE IT.

YOU GOT A HUNDRED PERCENT UP HERE.

I THINK YOU CAN DO THAT TODAY BY, RIGHT? YOU CAN, YOU CAN THAT YOU DON'T NEED ANY EXTRA PERMISSION TO DO THAT TODAY.

THAT BY RIGHT.

I DON'T NEED YOUR PERMISSION, SIR.

IF YOU'RE NOT READY, YOU'VE GOT THE FOUR BEDROOMS. THAT'S YOUR RIGHT.

THEY CAN BE OCCUPIED.

THANK YOU.

IT'S YOUR HOME.

BUT ONE OF THOSE KITCHENS HAS, DOES HAVE TO BE REMOVED.

WE, WHEN , OKAY.

YES, THEY CAN, THEY CAN OCCUPY THE BEDROOM AS LONG AS YOU DON'T CHARGE SOME RENT.

SO THAT FINE.

YES, THEY CAN, THEY CAN OCCUPY THOSE BEDROOMS AS LONG AS YOU DON'T CHARGE SOME RENT.

OKAY.

ALRIGHT.

WE SAFE? THANK YOU, SIR.

THANK YOU.

THANK YOU.

OKAY.

ALL RIGHT.

ALL THE REPORTS.

KNOW THE MISSIONS.

I CAN ADJOURN THE MEETING.

NO, NO, NO.

OH MY GOD.

WHAT I FORGET NOW.

LOT MORE BUSINESS.

NEW BUSINESS.

WE HAVE MORE BUSINESS.

I'M SORRY, I LOST MY AGENDA.

HERE, HERE, HERE.

I GOT ONE.

WHERE ARE WE? THAT COMPLETES THE PUBLIC HEARINGS.

RIGHT? THERE WE GO.

ALL RIGHT.

NOW WE'RE ON TO OLD BUSINESS.

OLD BUSINESS.

NOPE.

KNOW THAT WE HAVE ANY THANK YOU, SIR.

ALL RIGHT.

NO OLD BUSINESS.

NO OLD BUSINESS.

NEW BUSINESS.

WE HAVE NONE KILLING ME.

STAFF REPORTS.

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

YES.

, PLEASE.

THESE , AT ITS APRIL 18TH MEETING, THE BOARD OF SUPERVISORS DENIED THE JACOB WYN APPLICATION FOR FIREARM SALES.

GUNSMITHING REALLY AS A HOME OCCUPATION ON RICH ROAD.

UM, DO WE KNOW WHY THAT WAS? WELL, YOU'D HAVE TO GO BACK AND WATCH THE

[02:10:01]

TAPE.

UH, THAT'S INTERESTING BECAUSE, WELL, I I WILL SAY THIS.

SOME OF THE BOARD MEMBERS DID MENTION THAT THEY HAD GOTTEN SOME EITHER PHONE CALLS OR EMAILS FROM RESIDENTS WHO WERE CONCERNED ABOUT IT.

UM, AND THEY HADN'T HEARD DIRECTLY FROM ANY, UH, RESIDENTS OF THE NEIGHBORHOOD WHO WERE SUPPORTIVE OF IT, EVEN THOUGH THE APPLICANT HAD MENTIONED THAT HE HAD SPOKEN TO NEIGHBORS AND ALMOST ALL OF THEM HAD SAID THEY DIDN'T HAVE ANY OBJECTION TO IT.

UM, BUT, UH, BEYOND THAT, I, I WOULD JUST RECOMMEND THAT YOU, YOU WATCH THE VIDEO ON THE WEBSITE OKAY.

AND FOLLOW THE, THE DISCUSSION CUZ I, I DON'T WANT TO TRY TO CHARACTERIZE THE DISCUSSION BEYOND THAT.

OKAY.

UM, COMING UP NEXT WEEK AT MAY 16TH, THEY WILL CONSIDER THE, UH, HANS HOLE RIDER APPLICATION FOR AN AUTO HOUSE, UH, AUTO DEALERSHIP ON MOTOWN ROAD.

AND THEY WILL, AND ALSO ON THAT AGENDA IS THE, UH, USE PERMIT APPLICATION FOR CLIFFS AUTOMOTIVE, FOR ACCESSORY GOLF CART SALES THAT YOU ALL CONSIDERED LAST MONTH.

YES.

COMING UP ON YOUR JUNE 14TH AGENDA.

UH, THE MOMENT WE'VE ALL BEEN WAITING FOR, WE'RE GOING TO HAVE THE PUBLIC HEARING ON THE DRAFT COMPREHENSIVE PLAN.

UH, AND EACH OF YOU HAVE A COPY OF THE DRAFT PLAN IN FRONT OF YOU.

AND IT HAS BEEN POSTED ON THE WEBSITE, UH, FOR PUBLIC REVIEW.

UH, BUT SO WE ARE SCHEDULING, UH, THE, THE, UH, PUBLIC HEARING, UH, FOR JUNE 14TH MEETING.

AND WE ARE, HAVE NO EXPECTATION THAT YOU ALL WILL WANT TO VOTE ON THE PLAN THAT NIGHT.

YOU'LL PROBABLY WANT TO HAVE AT LEAST ONE WORK SESSION TO, UH, UH, GET INTO SOME DISCUSSION YES.

ABOUT, UH, ABOUT THE PLAN.

AND, UH, SO I WOULD, UH, I WOULD HOPE THAT WE COULD DO THAT IN JUNE, IF POSSIBLE, TO KEEP THE PROCESS MOVING ALONG.

SO I WOULD ASK BETWEEN NOW AND THEN THAT YOU ALL LOOK AT YOUR CALENDARS AND, UH, LET US KNOW WHAT DATES ARE GOOD OR BAD FOR YOU.

OKAY.

IN JUNE.

UH, AND THAT WILL HELP US, UH, A IN SCHEDULING AND B, IN FINDING A FACILITY.

UH, COULD BE DOWNSTAIRS IN THE EAST ROOM, UH, COULD BE IN OUR NEWLY RENOVATED YORKTOWN LIBRARY.

UH, I DON'T KNOW.

IT JUST DEPENDS ON, ON WHAT'S AVAILABLE.

UM, SO, UH, PLEASE DO THAT.

EACH OF YOU, UH, GET BACK WITH ME, UH, ON THOSE, UH, YOUR DATES IN JUNE.

THE OTHER ITEMS ON THE, UH, JUNE 14TH AGENDA ARE A HOME DAYCARE.

DAYCARE IS A HOME OCCUPATION IN WIDTH CREEK FARMS. AND WE ALSO HAVE AN APPLICATION FOR A TOURIST HOME ON SEAFORD ROAD.

OH GOSH.

GOD.

ANOTHER ONE.

AND I'M SAD TO SAY THAT JUNE WILL ALSO BE MR. PETER MAN'S LAST REGULAR MEETING WITH US.

NO, BUT HOPEFULLY WE CAN SQUEEZE, SQUEEZE ANOTHER MEETING OUT OF HIM IN JUNE IF WE GET THIS WORK SESSION DONE, SURE.

BE, BUT, UH, YEP.

HE WILL HAVE SERVED HIS TWO FULL FOUR YEAR TERMS, CALL HIM BACK TO ACTIVE DUTY.

AND SO ONCE YOU'VE DONE THAT, YOU CAN'T, YOU'RE NOT ELIGIBLE TO FOR REAPPOINTMENT.

YES.

WHAT? THE SECRET ROAD IS NOT A TOURIST HOME.

OH, THAT'S RIGHT.

IT'S NOT A TOURIST HOME.

IT'S, YOU'RE RIGHT.

IT'S RENTAL OF ROOMS. NO.

UH, YES.

SCRATCH THAT.

IT'S FOR RENTAL OF ROOMS FOR NON-TRANSIENT, NO OCCUPANCY.

NOT, IT'S JUST NOT COOL.

NOT A BOARDING HOUSE.

IT'S NOT, I WAS JUST GONNA SAY IT'S CORRECT.

, THANK YOU FOR THAT CORRECTION.

WE OPENED PANDORA'S BOX, NOT A TOURIST CELL LONG TERM.

UM, WE GIVE THAT BACK.

NO, SHE SPOKE AND, UH, OH, OKAY.

SHE SPOKE LAST, BUT CERTAINLY UP.

SORRY, NOT LEAST.

UH, I WANT TO INTRODUCE CAITLIN ABBOTT IN THE AUDIENCE HERE.

UH, YOU DIDN'T RUN OUT.

WHO? UH, NOW I WAS WATCHING HER FACE, UH, DURING THE MEETING.

, UH, NOW SHE, UH, WE HAVE HIRED HER TO, UH, FILL AMY PARKER'S, UH, POSITION.

UH, CAITLIN HAS BEEN WORKING IN THE DE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES OVER ON THE DEVELOPMENT SERVICES

[02:15:01]

SIDE.

OKAY.

UH, YOU KNOW, PLAN, DOING PLAN REVIEW FOR MORE THAN FOUR YEARS NOW.

AND SO WE HAVE HIRED HER TO JOIN THE PLANNING TEAM AND WE ARE REALLY EXCITED TO HAVE HER ON OUR TEAM AND LOOK FORWARD TO THAT.

AND FOR TOO LONG YOU WILL BE SEEING HER AT THE PODIUM GIVING PRESENTATIONS.

.

HEY.

AWESOME.

WHERE THE FUN IS, SHE WILL OFFICIALLY START WITH THE DIVISION.

MAY 22ND.

AND WELCOME.

THAT IS ALL I HAVE.

MADAM CHAIR COMMITTEE.

THANK YOU, SIR.

DONE.

DO WE HAVE COMMITTEE REQUESTS?

[10. Committee Reports]

WE DO THAT? NOPE.

NO.

WELL, THE, UH, COMP PLAN COMMITTEE HAS COMPLETED ITS WORK AS MR. KING REPORTED AT THE LAST MEETING.

OKAY.

THAT'S THE ONLY COMMITTEE WE HAVE.

COMMITTEES.

OKAY.

NO COMMISSIONS.

AND WE'RE ADJOURNED.

HEY.

OOH.