* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. ALL RIGHT. [00:00:02] THANK YOU. [Call to Order] WELCOME EVERYONE TO THE BOARD OF SUPERVISOR, UM, PUBLIC HEARINGS DATED MARCH 28TH, 2023. UM, MY CALL ON CALL, CALLING THE MEETING TO ORDER. AND IF EVERYONE WOULD PLEASE STAND FOR THE PLEDGE AND ALLEGIANCE. 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. THANK YOU. [A. Adoption of Agenda – Additions or Deletions] NEXT ORDER OF BUSINESS IS ADOPTING OUR AGENDA, AS DOES, UM, ARE THERE GONNA BE ANY ADDITIONS OR DELETIONS? IF NOT, DO I HAVE A MOTION TO ADOPT THE AGENDA AS PRESENTED? SO, CHAIR. THANK YOU. WE HAVE A SECOND. SECOND. ROLL CALL PLEASE. MR. MABE. AYE. MRS. OATS? AYE. MADAM CHAIR? AYE. MRS. COLORS? AYE. MR. BUTLER? AYE. THANK YOU. OKAY. [B. Joint Public Hearing - Zoning Text Amendment 2023-03-02, Ordinance to Amend Warren County Code Sections 180-8 and 180-55.2 Regarding Rural Events Facilities - Chase Lenz, Zoning Administrator] WE ARE GOING TO HAVE A JOINT PUBLIC HEARING AND IT'S BETWEEN THE BOARD OF SUPERVISORS AND THE PLANNING COMMISSION. UM, I JUST WANNA PUT THIS OUT. THIS IS THE FIRST TIME THAT I'M DOING THIS PROCEDURE, SO PLEASE BE PATIENT WITH ME. SO WE'RE GONNA BEGIN WITH THAT. THIS IS A, UM, A JOINT PUBLIC HEARING, UM, FOR A ZONING TEXT AMENDMENT OF 2023 DASH OH THREE DASH OH TWO, WHICH IS ORDINANCE TO AMEND THE WARREN COUNTY CODE SECTIONS 180 DASH EIGHT IN 180 DASH 55.2. THIS IS IN REGARDING TO, UH, RURAL EVENT FACILITIES. SO, UM, BEFORE WE START ON, MAY WE HAVE A ROLL CALL FOR THE BOARD OF SUPERVISORS, PLEASE? MR. BUTLER? HERE. MRS. COLORS? HERE. MADAM CHAIR? HERE. MRS. OATS? HERE. MR. MABE? UH, HERE. THANK YOU. CLOSE ENOUGH. CLOSE . SO, UH, WE'LL HAVE THE COMMISSION PLANNING, COMMISSION ROLL CALL. WE HAVE A ROLL CALL. PLANNING COMMISSION, PLEASE. MR. HOUSTON? HERE. MR. ESS? HERE. MR. MYERS? HERE. MR. HENRY? HERE. MS. RICHARDSON. HERE. THANK YOU VERY MUCH. OKAY, SO BEFORE WE GO INTO THE PUBLIC HEARING, I'M JUST GOING TO, UH, READ OUR, UM, GUIDELINE. SO OF COURSE, UH, EVERYONE KNOWS YOU'VE PROBABLY HEARD THIS BEFORE, BUT WE'LL SAY IT AGAIN. THE PUBLIC HEARING IS AN OPPORTUNITY FOR THE PUBLIC TO DISCUSS A MATTER THAT IS BEFORE THE BOARD FOR ACTION. THE PUBLIC HEARING IS NOT A DEBATE. ALL COMMENTS WILL BE DIRECTED TO THE BOARD OF SUPERVISORS, AND IN THIS CASE THE PLANNING COMMISSION AS WELL AND NOT TO THE AUDIENCE. THE SPEAKERS SHALL HAVE THREE MINUTES TO SPEAK. PLEASE BE CONSIDERATE OF ALL OF YOUR FELLOW SPEAKERS. THERE SHOULD BE NO APPLAUSE, BOOING OR OTHER LOUD DISRUPTIONS TO THESE PROCEEDINGS, POSTERS AND OTHER MEANS OF OF VI VISUAL DISPLAY OF COMMENTS ARE NOT PERMITTED IN THE BOARDROOM. THE BOARD WILL NOT TOLERATE PERSONAL TAX BY ANYONE ON ANY OF THE PARTICIPANTS IN THESE PROCEEDINGS. ANYONE WHO VIOLATES THE GUIDELINES OF THE PUBLIC HEARING MAY BE ASKED TO LEAVE THIS MEETING. OKAY. WITH THAT BEING SAID, I'M OPENING UP THE PUBLIC HEARING. UM, I, I WOULD LIKE TO INVITE THE PLANNING COMMISSION TO OPEN A PUBLIC HEARING AS WELL. ADAM CHAIR. I'LL OPEN PUBLIC HEARING ALSO. THANK YOU VERY MUCH. WITH THAT BEING SAID, THE PUBLIC HEARING IS NOW OPEN. AND MR. LINZ, YOU HAVE THE FLOOR. THANK YOU. THE RURAL EVENTS FACILITY LAND USE WAS ADOPTED TO THE WARREN COUNTY ZONING ORDINANCE IN 2017 AS A USE ALLOWED BY CONDITIONAL USE PERMIT IN THE RURAL RESIDENTIAL DISTRICT. THE ZONING ORDINANCE WAS AMENDED AGAIN IN 2020, ADDING THE USE AS BY CONDITIONAL USE PERMIT TO THE AGRICULTURAL DISTRICT, ALSO AMENDED THE DEFINITION AND SUPPLEMENTAL REGULATIONS FOR THE EXISTING USE AND IT TO WHAT IT IS TODAY. UM, PREVIOUSLY WE'VE HANDLED LODGING THROUGH CONDITIONAL USE PERMITS FOR SHORT TERM TOURIST RENTAL ON THE SAME PROPERTY OR ADJACENT PROPERTIES. UM, WE DID RECEIVE BUILDING PERMITS THIS PAST DECEMBER FOR CONSTRUCTION OF CABINS TO BE USED FOR LODGING FOR EVENT GUESTS ON A PROPERTY APPROVED FOR RURAL EVENT FACILITY. UM, THE, WE RECEIVED FIVE, UH, PERMITS FOR FIVE CABINS. IT'S THE FIRST STAGE OF THE OWNER'S PLAN TO CONSTRUCT A TOTAL OF 20 CABINS. IN DISCUSSING THIS PROPOSAL WITH THE COUNTY ATTORNEY'S OFFICE, IT WAS DETERMINED THE EXISTING DEFINITION FOR RURAL EVENTS FACILITY DOES NOT EXPRESSLY INCLUDE OR IMPLY THE INCLUSION OF OVERNIGHT STAYS NOR LODGING UNITS FOR EVENT GUESTS AND A ZONING TEXT AMENDMENT WILL BE REQUIRED TO CLASSIFY LODGING UNITS FOR EVENT GUESTS AS ACCESSORY TO THE RELEVANT FACILITY. USE THE ZONING TEXT AMENDMENT EXPANDS THE DEFINITION TO EXPRESSLY INCLUDE LODGING UNITS FOR EVENT GUESTS AS AN ACCESSORY USE TO RURAL EVENTS FACILITIES, AND ADD SUPPLEMENTAL [00:05:01] RE REGULATIONS WHICH ADDRESS PUBLIC HEALTH AND SAFETY CONCERNS WHILE ALLOWING FOR PROPER REGULATION OF THE ACCESSORY LODGING UNITS. THE PROPOSED AMENDMENT TO 180 DASH SECTION 180 DASH 55.2 A REORGANIZES THE EXISTING SUPPLEMENTAL REGULATIONS WHILE CLEARING UP CONFUSING LANGUAGE AND SPECIFYING WHEN REQUIRED ITEMS ARE TO BE SUBMITTED. THE PROPOSED STANDARDS FOR DENSITY, PROXIMITY AND DESIGN UNDER ONE EIGHT SECTION 180 DASH 55.2 WERE DETERMINED AFTER CONSIDERATION OF THE STATEMENT OF INTENT AND BUILDING SETBACK REQUIREMENTS FOR THE AGRICULTURAL ZONING DISTRICT HEALTH DEPARTMENT REQUIREMENTS AND CONSULTING WITH THE BUILDING OFFICIAL ON TYPICAL SIZES FOR LODGING UNITS. THE PROPOSED GENERAL RE REQUIREMENTS FOR LODGING UNITS UNDER SECTION 180 DASH 55.2 OF THE DRAFT ORDINANCE SERVE TO REGULATE THE USE OF THE LODGING UNITS AS ACCESSORY TO THE WORLD EVENTS FACILITY. THESE REQUIREMENTS AND STANDARDS DIFFERENTIATE THIS ACCESSORY USE FOR LODGING UNITS FROM OTHER PRINCIPLE USES RELATED TO LODGING FOR COMPENSATION SUCH AS SHORT-TERM TOURIST RENTALS, COMMERCIAL CAMPGROUNDS, RESORTS, HOTELS, MOTELS, INNS. SO HE DID PREPARE TWO VERSIONS OF THE PROPOSED DRAFT ORDINANCE. OPTION A AND OPTION B. OPTION A INCLUDES EXPRESS LANGUAGE UNDER SUBSECTION 180 DASH 55.2 BK OF THE DRAFT ORDINANCE REQUIRING THE RENTAL OF LODGING UNITS TO ONLY B IN CONJUNCTION WITH AN EVENT IMPLEMENTING A THREE CONSECUTIVE DAY DURATION LIMIT FOR RENTAL CONTRACTS AND PROHIBITING THE USE OF THE LODGING UNITS AS INDEPENDENT SHORT-TERM TOURIST RENTALS. PLANNING STAFF DOES RECOMMEND THIS OPTION IF YOU CHOOSE TO MAKE THESE LODGING UNITS ACCESSORY AS IT, UM, THESE REQUIREMENTS ARE ESSENTIAL TO THE CLASSIFICATION OF THE USE AS ACCESSORY TO THE ROYAL EVENTS FACILITY AND IT DISTINGUISHES THE USE FROM LIKE A SHORT-TERM TOURIST RENTAL OR RESORT. OPTION B EXCLUDES THE REQUIREMENT FOR THE RENTAL OF THE LODGING UNITS TO ONLY BE IN CONJUNCTION WITH AN EVENT. IT INCREASES THE MAXIMUM DURATION LIMIT FOR RENTAL CONTRACTS TO SEVEN CONSECUTIVE DAYS AND REMOVES THE PROHIBITION ON THE USE OF LODGING UNITS, INDEPENDENT SHORT TERM TOURIST RENTALS. THIS OPTION ALLOWS FOR THE RENTAL OF THE LODGING UNITS TO BE INDEPENDENT OF THE RURAL EVENTS FACILITY. IT IS THE OPINION OF PLANNING STAFF THAT SUCH RENTAL OF THE LODGING UNITS, INDEPENDENT OF THE RURAL EVENTS FACILITY SHOULD BE CLASSIFIED AS A SEPARATE PRINCIPLE USE AND NOT ACCESSORY TO THE RURAL EVENTS FACILITY. UH, SO YOU'LL SEE IN YOUR PROPOSED OR SUGGESTED MOTION THERE IS AN OPTION FOR RECOMMENDING OPTION A, AN OPTION FOR RECOMMENDING OPTION B BE APPROVED, AND THEN AN OPTION TO RECOMMEND DENIAL. THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. THANK YOU. OH, THANK YOU VERY MUCH. SO DO WE HAVE ANY QUESTIONS FROM THE BOARD OR THE COMMISSION, UM, FOR MR. LINZ AT THIS TIME? THAT AT THIS TIME? MS. OKAY. MSI IS ANYONE HERE SIGNED UP TO SPEAK? THE ONLY INDIVIDUAL SIGNED UP TO SPEAK MADAM CHAIR IS THE APPLICANT. SHELLY COOK. OH, AGAIN, DECLARATION. YES. I'LL TO ABSTAIN ON THIS PROJECT. UH, I WON'T BE PARTICIPATING IN COMMENTS FOR, FOR A VOTE. OKAY. POTENTIAL PROBLEM. THANK YOU. DOES THE APPLICANT WOULD, WELL YOU'RE NOT THE APPLICANT, BUT, UH, WOULD YOU LIKE TO COME AND SPEAK? THIS DOES AFFECT YOUR, UM, YOUR PROPERTY. GOOD EVENING EVERYBODY. UM, I JUST WANTED TO SAY A FEW WORDS ABOUT THAT. I SUPPORT OPTION B AND THERE'S A COUPLE OF DIFFERENT REASONS AND I SUGGESTED IN THE WORK SESSION, BUT PLANNING COMMISSION WASN'T HERE TO HEAR ME. SO BASICALLY I HAVE A VERY UNIQUE PROPERTY. I HAVE A VINEYARD THAT I WORK ON IN, IT'S A FARM. AND WHEN I GOT THE C U P, THE EVENT CENTER, WHAT I DID THAT FOR WAS SO THAT WE COULD HAVE WEDDINGS IN CONJUNCTION ON THE VINEYARD AND AS MOST PEOPLE KNOW, PEOPLE LIKE TO STAY ON PROPERTY WITH THAT. SO WHAT WE DID WAS WE REALLY OPENED THIS UP AS VENDA CULTURE. SO WE HAVE ABOUT 80 ACRES OUT THERE THAT WE WILL BE UTILIZING. AND I KNOW THIS ISN'T SPECIFIC TO MY FARM AND I UNDERSTAND THAT, BUT I DO THINK THAT IT IS SOMETHING THAT WILL BE USED ON OTHER FARMS IN WARREN COUNTY. IT PRESERVES THE, THE FARMLAND AND IT ALLOWS US TO HAVE ANOTHER USE. THE PROBLEM WITH FARMING IS, AS MOST PEOPLE KNOW, IT'S DOESN'T ALWAYS HAVE REVENUE. SO THE CABINS AND THE EVENT CENTER HELP SUSTAIN THE VINEYARD AND HELP US CONTINUE TO KEEP THAT FARMLAND INSTEAD OF MAKING IT CONSTRUCTION. SO I JUST REALLY WOULD LIKE TO ASK YOU GUYS TO SUPPORT OPTION B THAT WOULD ALLOW US TO USE THOSE IN THOSE PERIODS WHEN WE DON'T, [00:10:01] UM, HAVE A LOT GOING ON ON THE FARM AND WE NEED IT TO SUPPORT THAT AGRICULTURE. THE ONLY OTHER THING THAT I HAD WAS THE CABINS, THE WAY THEY SIT, UM, IT'S A HUNDRED MORE THAN A HUNDRED FEET FROM ANY HOUSE, EVEN IF I WAS RIGHT ON THE PROPERTY LINE. SO I WAS ASKING THAT THAT BE REDUCED, BUT OTHER THAN THAT, EVERYTHING AND OPTION B IS FINE WITH ME AND I APPRECIATE ALL YOUR TIME AND CONSIDERATION. IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THEM NOW. THANK YOU HERE, MA'AM? YES. UH, I JUST, UH, I JUST HAD A HAD A QUESTION FOR THE APPLICANT. YOU KNOW, THE, UH, AND THIS IS, I'M JUST CURIOUS ABOUT THIS, THE OH, OKAY. DO, DO YOU EVER SEE, CAN I, CAN I ASK HER SOME QUESTIONS OR I DON'T, IS THIS FINE SAID THE, ABOUT THE DISCRETION OF THE CHAIR? OH, ABSOLUTELY. OKAY. THANK YOU. I'M SORRY. THANK YOU. SO I, I'M JUST CURIOUS, DO YOU EVER FORESEE, UH, IF YOU GO WITH OPTION B, DO YOU EVER FORESEE A, UH, A SITUATION WHERE, BECAUSE OF THE FACT THAT YOU'RE RENTING THESE CABINS OUT FOR SAY, LIKE, UH, UH, A A WEEK AND THEN SOMEBODY COMES IN AND THEY SAY, OH, WE WANT TO HAVE A WEDDING HERE, AND THEN ALL OF A SUDDEN AND, AND YOU GO, WELL, SHOOT, THAT'S GONNA, I GOTTA ASK THESE PEOPLE TO LEAVE SO THAT I CAN HAVE THIS BIGGER PARTY COME IN. YES, SIR. WELL, PART OF THE THING WITH THE EVENT CENTER IS JUST LIKE WITH THE VENDA CULTURE, WE WILL BE USING IT FOR OTHER EVENTS. SO IT WON'T JUST BE FOR WEDDINGS. SO WE'LL HAVE AN OPEN BOOK, UM, LIKE ON THE KNOT THAT WILL SHOW OUR AVAILABILITY. SO IF BRIDES DON'T CONSIDER THAT, BECAUSE I KNOW RIGHT NOW VIRGINIA TECH IS WANTING TO DO A CONFERENCE, UM, AT OUR ROLE EVENTS CENTER. AND THE REASON THEY CHOSE THAT WAS TO SUPPORT THE ROLE EVENT CENTER, UM, SO THAT WE, WE COULD HAVE TRAINING BECAUSE THEY DO CONSIDER ME A SOCIALLY DISADVANTAGED FARMER AND THEY'RE REACHING OUT THROUGH THE U S D A AND I HAVE REGISTERED WITH THE U S D A FOR MY FARM, UM, AND THEY'RE ONLINE WITH, WITH THE CABINS AND WHAT WE'RE DOING. IT'S A GROWING TREND AND IT, IT'S ABOUT 2 BILLION JUST IN VIRGINIA. UM, AG AGRITOURISM WILLIAMSBURG JUST APPROVED IT TO ALLOW CABINS ON SITE AS WELL. OKAY, THANK YOU. YES SIR. 808 PROCEED WAY OUTTA ONE OF THOSE MEETING SINCE CAN BE ATION. YES, SIR. SO THE 800 SQUARE FEET IS ACTUALLY ON A FIVE ACRE PARCEL THAT'S ADJACENT THAT WILL HAVE BE REGISTERED AS AN AIRBNB AS WELL. I'VE ALREADY DONE THE APPLICATION WITH MATT. THE OTHER CABINS ARE 600 SQUARE FEET AND THEY BASICALLY JUST HAVE A KITCHENETTE. SO THAT'S A MICROWAVE AND A STOVE LIKE YOU WOULD HAVE IN A, A MOTEL ROOM AND YES, YES SIR. BUT NO LAUNDRY FACILITIES? NO SIR. JUST A KING SIZE BED IN THE BEDROOM. OKAY. YEAH, SO IT'S BASICALLY FOR THE GUESTS TO COME AND STAY AND LODGE, WE ARE GONNA HAVE ON THE PROPERTY IN THE VINEYARD, WE'RE GONNA HAVE OUTDOOR PAVILIONS AND BARBECUE AREAS, SO THEY WILL BE ABLE TO USE THAT AS WELL. BUT THAT'S PART OF THE OVERALL SITE PLAN OF THE PROPERTY. YES, SIR. THANK YOU QUESTION. ABSOLUTELY. UM, THE BEING ZOE BROUGHT UP THE 800 SQUARE FOOT. YES, SIR. THE, UM, IS THERE GOING TO BE ANY MORE 800 SQUARE FOOT BUILDINGS? NO, SIR. OKAY. SO YOU'VE GOT ONE 800 SQUARE FOOT BUILDING AND YOU'RE GOING FROM 250 TO 800? NO, THE REST OF THEM ARE 600 SQUARE FOOT. SO THEY'RE ALL, IT'S ALL THE SAME CABIN. YES, SIR. AND IT'S ALL THE SAME HOUSE? YES, SIR. OKAY. YEAH, I JUST DID THE, THE CABINS BECAUSE THEY HAD LESS ENVIRONMENTAL IMPACT. UM, I WAS ABLE TO KEEP THE WOOD LINES AND THAT'S WHY IT WAS REALLY IMPORTANT FOR ME FOR SPACING BECAUSE I DON'T WANT TO TAKE ANY MORE OF MY TREE LINE DOWN, BUT I ALSO HAVE TO GET AS MUCH AREA FOR MY GRAPES. UM, SO WHEN YOU PULL THEM FORWARD OR IT TAKES UP SOME GRAPE BARRIER BECAUSE WE ARE GONNA WIND OUR GRAPES THROUGH OUR HOUSES AS WELL. THERE'S SEVERAL VARIETALS THAT YOU CAN GROW, UM, THAT PEOPLE LIKE TO EAT. AND SO WE DO PLAN TO DO THAT AS WELL. ANY OTHER QUESTIONS FOR THANK YOU. THANK YOU. IS THERE ANYBODY, OH, IS THERE ANYBODY ELSE HAVE SIGNED UP? NO, THANK YOU. ANYBODY IN THE AUDIENCE WOULD LIKE TO COME AND SPEAK IN SECOND CALL, FINAL CALL. PUBLIC HEARING IS NOW CLOSED FOR THE BOARD OF SUPERVISORS, UM, [00:15:03] FOR THE PLANNING COMMISSION DISCUSSION YES. FACILITY. WHAT WOULD THEY BE ALLOWED TO PUT IN THERE? SO COULD THEY DO A CONCERT FACILITY THERE WHERE WE GOT THE DOME AND WOLF TRAP OR WHAT IS THE LIMITATION? YEAH, SO IT ALL FALLS UNDER THE DEFINITION FOR RURAL EVENTS, FACILITIES. SO IT SOUNDS LIKE WHAT YOU'RE ASKING IS WHAT KIND OF EVENTS? SO THAT DOES INCLUDE USUAL AND ARY ACTIVITIES, INCLUDING, BUT NOT LIMITED TO PRIVATE PARTIES, BUSINESS MEETINGS, EDUCATIONAL SEMINARS, WEDDINGS, RECEPTIONS, WEDDING CEREMONIES, CLASH AND FAMILY REUNIONS, SHOWERS, BABY BRIDAL, UH, AND SIMILAR EVENTS AND ACTIVITIES FOR NON-PROFIT ORGANIZATIONS AND SIMILAR EVENTS AND ACTIVITIES AS DETERMINED BY THE ZONING ADMINISTRATOR. SO IN OTHER WORDS, I COULD PUT A STAGE THAT THERE, I'VE BEEN TO WEDDINGS WHERE THERE'S ACTUALLY HAD A MAJOR BAND THERE. YEAH. I WOULD SAY THE CODE DOES NOT PREVENT THE, UM, OWNER OF THESE FROM PUTTING A STAGE IN THEIR FACILITIES. YEAH. SO IT COULD BE A MAJOR, MAJOR BAND COMING IN. SOMETHING THAT MOST OF US MIGHT RECOGNIZE POSSIBLY. YEAH. IT'S, IT'S LIKE A BAND FOR THE WEDDING. YEAH. YESTERDAY I HAVE NO SLOT WINERIES, WE'LL HAVE LIKE MUSIC ON WEEKENDS, BUT IT'S TYPICALLY ACOUSTIC OR ONE GUY WITH, WITH A MAP OR SOMETHING LIKE THAT SHE DESCRIBED. THAT'S, THAT'S LITTLE DIFFERENT, BUT DO MAJOR EVENTS THERE. DOES THAT MEAN I I I WOULD SUGGEST THAT PROBABLY IF THE, THE BAND SOME SORT OF A PORTABLE STAGE THAT THEY COULD REMOVE FROM THE SITE AFTER THE EVENT THAT, YOU KNOW, AND THAT AS IT RELATES TO THE RURAL EVENT USES, THAT MIGHT BE APPROPRIATE. I THINK, UH, ANYTIME YOU START LOOKING AT PUTTING UP AN ACCESSORY STRUCTURE, YOU'RE LOOKING AT ADDITIONAL PER PERMITTING AND POTENTIALLY EXPANSION OF, OF THE USE, WHICH MAY NOT REALLY FALL INTO WHAT THE INTENT OF THAT USE IS. SO WE WOULD, WE WOULD EVALUATE IT AT THAT TIME. UH, I KNOW THAT IN SOME OF THE OTHER AREAS IN THE COUNTY THAT ARE ZONE COMMERCIAL AND OUR RESORTS, THEY HAVE HAD THOSE TYPE OF, UH, EVENTS AND THEY'VE ALSO BUILT, UH, PAVILIONS TO, TO HOUSE THE, THE BANDS. SO, UM, THIS BEING DIFFERENT FROM THOSE, UH, THAT MAY MAKE A DIFFERENCE IN THE ACTUAL LAND USE AND WHAT COULD BE ALLOWED. RIGHT. SO I'LL JUST MENTION TO MR. MYERS, YOU DID NOT, I DIDN'T HEAR YOU CLOSE THE PUBLIC HEARING. I DON'T KNOW IF YOU WERE READY TO DO THAT OR NOT, SO, OKAY. ALL RIGHT, SIR. HEARING, THANK YOU ALSO MENTION THAT IF THERE'S AN OUTDOOR CONCERT WHERE PEOPLE ARE PAYING A FEE TO ATTEND, IT WOULD REQUIRE A FESTIVAL PERMIT, SO THAT WOULD HAVE TO BE APPROVED SEPARATELY? THAT'S CORRECT. THAT IS CORRECT ON BOTH OF THE OPTIONS, THE DENSITY IS THE SAME. OKAY. MADAM CHAIR, I, I HAVE, I IT'S THERE HOW THAT REGIONAL PUT WORDS IN MOUTH. I SORT SEE WHERE SHE WOULDN'T WANT THAT. UM, MR. BUTLER [00:20:01] WOULD LIKE TO ASK A QUESTION. IS THAT PERMITTABLE AT THIS POINT IN TIME IN OUR DISCUSSION? YES MA'AM. CHAIR? YES. THANK YOU. UM, MR. BUTLER? YEAH, MR. CHAIRMAN, I JUST WANTED TO ASK THE, UH, PLANNING COMMISSION OVER HERE, IS THERE A SPECIFIC TIME THAT, UH, THAT SAY LIKE IF THERE'S A BAND FOR A WEDDING OR ANYTHING ELSE, IS THERE A SPECIFIC TIME THAT, THAT THEY HAVE TO SHUT DOWN MM-HMM. SO THAT, SO AS NOT TO BE DISTURBING THAT THE NEIGHBORS OR ANYTHING? IT'S 11:00 PM YES. 11:00 PM IN THE ORDINANCE AT 11. ALRIGHT. UH, THAT'S, THAT'S ALL I WANT TO NOW LETS BE CHANGED. CAN WE BRING THAT DOWN TO 10? I MEAN, YOU GOT, IT'S NOT THAT I'M SORRY. DO YOU MIND IF I NO, GO RIGHT AHEAD SIR. D I UNDERSTAND THAT THIS IS A RURAL SITUATION AND YOU'VE GOT PEOPLE THAT LIVE DIRECTLY ACROSS THE, THE WAY FROM THE VINEYARD. YOU CAN SEE IT FROM THEIR HOUSE MM-HMM. . AND THOSE PEOPLE ARE GONNA SAY, I DON'T WANT TO HEAR A BAND AT 10 O'CLOCK OR 11 O'CLOCK AT NIGHT BECAUSE THAT'S NOT WHY WE MOVED HERE. WE ARE CHANGING THE CULTURE AND THE, AND THE CONTINUITY OF THE COMMUNITY. AND I'M NOT SAYING THAT WE SHOULD TAKE IT AWAY FROM THIS NICE LADY, I'M NOT DOING THAT. BUT I THINK THAT WE NEED TO PUT SOME RESTRICTIONS ON IT TO MAKE SURE THAT WHAT IS COMING TO, INTO OUR COMMUNITY IS WHAT THE COMMUNITY ACTUALLY WANTS. AND AN 11 O'CLOCK VENUE IS, FROM WHAT I HAVE HEARD AS EARLY AS TODAY, THEY DON'T WANT AN 11 O'CLOCK VENUE. THEY WANT SOMETHING THAT'S LESS THAN THAT. AND IF I COULD, OH, GO AHEAD. YEAH, I CAN JUST MENTION HER. THE, FOR MS. COOK'S CONDITIONAL USE PERMIT, THERE IS A CONDITION THAT SAYS ALL EVENTS MUST BE WITHIN THE HOURS OF 9:00 AM TO 11:00 PM SO WE WOULD NEED TO MODIFY THE CONDITIONAL USE PERMIT THAT, UM, SO CAN I, I WOULD LIKE TO MAKE A POINT THAT THAT IS NOT THE, THE, UM, PURPOSE OF THIS MEETING. THIS MEETING IS TO DO A TEXT AMENDMENT TO THE COUNTY. THIS IS NOT TO CHANGE MS. COOK'S CONDITIONAL USE PERMIT. SO, UM, I THINK THAT WE'RE OUT OF ORDER AND, UM, AND I THINK THAT IT'S, WE NEED TO FOCUS ON THE TEXT AMENDMENT. OKAY. YES MA'AM. THE TEXT AMENDMENT, UH, I'LL JUST MENTION IN THE TEXT AMENDMENT THE GENERAL REQUIREMENTS, SUPPLEMENTAL REQUIREMENTS FOR RURAL EVENTS FACILITIES. UH, NUMBER EIGHT, THE HOURS OF OPERATION SHALL BE SPECIFIED IN THE CONDITIONAL USE PERMIT AND IN NO CASE SHALL EVENT ACTIVITIES CONTINUE PAST 11:00 PM SO IT IS STATED IN THE ORDINANCE, IT WOULD BE UP TO THE BOARD PLANNING COMMISSIONER BOARD TO AMEND THAT IF THEY SO CHOOSE IN THE SUPPLEMENTAL REGULATIONS AS IT WAS PASSED IN THE CONDITIONAL USE PERMIT. THAT WOULD BE GRANDFATHERED BASED ON THAT UNLESS, UH, MS. COOK WANTED A, AN AMENDMENT TO THAT. BUT, UH, IT WOULD BE FROM HERE ON OUT FOR THE SPECIFIC USE THAT WOULD BE APPROVED. UM, AND, UH, UH, I I'M NOT SURE IF WE COULD ENFORCE THAT BASED ON HER ALREADY HAVING THE PERMIT. OKAY. FOR A RURAL EVENT FACILITY. IF I MAY NOW CHAIR, I JUST WANT TO MAKE, MAYBE MAKE ONE POINT SO THAT EVERYONE UNDERSTANDS IT, WHICH IS, THERE ARE, CORRECT ME IF I'M WRONG, MATT, CHASE, THERE ARE MAYBE THREE OF THESE, UM, RURAL EVENT FACILITIES THAT ARE ALREADY IN EXISTENCE. MM-HMM. AND, AND PERHAPS YOU'LL RECEIVE REQUESTS FOR MORE IN THE, IN THE FUTURE AND YOU CAN ALWAYS, AS YOU RECEIVE REQUESTS IN THE FUTURE SET STANDARDS IN THE CONDITIONAL USE PERMIT THAT ARE MORE RESTRICTIVE. SO, UH, IF, IF FOR EXAMPLE, YOU WANNA SET A 10 O'CLOCK LIMIT AT NIGHT ON A PARTICULAR APPLICATION THAT COMES BEFORE YOU IN THE FUTURE, YOU WOULD HAVE THE ABILITY TO TO DO THAT. UM, BUT WITH RESPECT TO THE THREE THAT ALREADY EXIST, YOU CAN'T GO BACKWARDS ON THOSE. THANK YOU. SO MADAM CHAIR, I'D JUST LIKE TO FIND OUT WHAT, WHAT WOULD IT TAKE FOR US TO, TO, TO CHANGE THE WORDING ON THIS SO THAT IT DOES INCLUDE 10 O'CLOCK BECAUSE YOU KNOW, THE, UH, YOU, YOU'RE RIGHT, YOU KNOW, IT WOULD BE IN THE, WE COULD, WE COULD SET THE CONDITION OR USE PERMITS FROM HERE ON OUT AT 11 OR, OR AT 10 O'CLOCK. BUT I'D LIKE TO SET IT TO WHERE WHEN SOMEBODY COMES HERE THAT THEY'VE ALREADY GOT THE EXPECTATION THAT IT WILL BE CUT OFF AT 10 O'CLOCK. YOU COULD DO IT THIS EVENING. IT, IT'S NOT SUCH A SUBSTANTIAL CHANGE. THAT ADVERTISEMENT WOULD BE, UM, RE ADVERTISEMENT WOULD, IN MY OPINION, BE REQUIRED. UH, IT'S DIFFICULT TO COME UP WITH WITH TEXT ON THE FLY, BUT, BUT PERHAPS, UH, IF YOU WANTED TO DO THAT, YOU COULD ADOPT EITHER OPTION A OR OPTION B WITH JUST A NOTATION THAT, [00:25:01] UM, THAT A EIGHT B MODIFIED TO SAY THAT THE HOURS OF OPERATION SHALL END AT 10:00 PM UNLESS OTHERWISE SPECIFIED IN THE CONDITIONAL USE PERMIT. I HAVE NO OPINION, BUT, UH, YOU COULD DO THAT THIS EVENING IF, IF, IF YOU WANT IT. UM, I DO HAVE A QUESTION FOR THE, UM, PLANNING COMMISSION. NOW, AS MS. OATS HAD POINTED OUT, THIS IS A TEXT AMENDMENT FOR AN ORDINANCE, SO WHATEVER WE APPROVE HERE IS THE PLANNING COMMISSION FEEL GOOD GOING FORWARD, THAT THESE ARE PROPER REQUIREMENTS FOR NEW, NEW REQUESTS SIMILAR TO WHAT WE'RE LOOKING AT? THAT WAS HONOR, YES. NO COMMENT. NO OTHER DISCUSSION PLAN, COMMISSION. I MAY, THE PLANNING DEPARTMENT. DO YOU HAVE, OTHER THAN WHAT WAS WRITTEN IN THE, THE OR, UM, INFORMATION OR COVER SHEET? AGAIN, THIS IS FOR THE WHOLE COUNTY MM-HMM. . YEAH, I MEAN, UM, YOU KNOW, WE WERE, I WILL NOTE SINCE WE DISCUSSED THIS DURING THE WORK SESSION, UM, YOU KNOW, WHEN WE HAD FIRST LOOKED AT THIS, WE WERE THINKING MORE SO ALONG THE LINES OF A SEPARATE PRINCIPLE USE PROBABLY BY CONDITIONAL USE PERMIT SUCH AS A COMMERCIAL CAMPGROUND OR SHORT-TERM TORRES RENTAL RESORT OR RURAL RESORT OR SOMETHING LIKE THAT. UM, BUT, YOU KNOW, WE WERE ASKED TO PUT THIS, THIS DRAFT ORDINANCE TOGETHER MAKING IT ACCESSORY TO THE EXISTING USE. I MEAN, I'M JUST GONNA NOTE THAT THAT'S NOT SOMETHING THAT WE WOULD RECOMMEND AS I WOULD, I WOULD SAY THAT IT'S NOT GOOD ZONING PRACTICE. UM, BUT OUT OF THESE TWO OPTIONS WITH OPTION A, UH, IT DOES HAVE SOME ADDITIONAL REQUIREMENTS THAT KIND OF MAKE IT MORE ACCESSORY. AND I MIGHT JUST ADD THAT IN THE PAST TWO OR THREE YEARS, WE GET A NUMBER OF CALLS, UH, ABOUT LARGER LOTS, 30 ACRE, 20, 20 PLUS ACRE LOTS WHERE PEOPLE DO WANT TO PUT NUMEROUS EITHER NUMEROUS CAMPSITE OR NUMEROUS CABINS. SO, UH, AT THIS POINT IN TIME, WE INTERPRETED THAT THAT IS NOT A USE LISTED IN THE, IN OUR ORDINANCE. AND IF THIS WAS APPROVED TONIGHT, THAT WOULD BE FOR ALL INTENSIVES AND PURPOSES A RURAL EVENT FACILITY, WHICH WOULD ALLOW FOR THAT. SO, UM, IT WOULD MAKE IT A LITTLE MORE DIFFICULT FOR US NOT SEPARATING THAT OUT FROM THE RURAL EVENT FACILITY IN CASE SOMEBODY JUST WANTED TO DO JUST OVERNIGHT. CABIN STAYS ON KIND OF A SHORT-TERM RENTAL TYPE BASIS, UM, WITH PERMANENT STRUCTURES VERSUS NOT HAVING THE, UM, UH, MOTOR, MOTOR, UH, RECREATIONAL VEHICLES LIKE A CAMPGROUND. SO IT WOULD SEPARATE IT OUT FROM A SHORT-TERM TOURIST RENTAL AND SEPARATE IT OUT FROM, UH, RURAL VENT FACILITY, UH, BY LOOKING AT ANOTHER TYPE OF A LISTED USE SUCH AS THE RURAL, UH, RESORT. UM, THANK YOU. GENERAL EXCEPTIONS FOR, UH, SHORT TERM RENTALS, GENERAL, GENERAL, WOULD THEY APPLY IN THIS SITUATION AS WELL? I'M SORRY, WHAT WAS THE QUESTION? THE GENERAL EXCEPTIONS OR, UH, RESTRICTIONS ON SHORT TERM TERMINALS, WOULD THEY APPLY IN THIS SITUATION AS WELL? THEY WOULD NOT. IT IS A SEPARATE USE. IF THIS IS APPROVED LIKE THIS, WE WOULD APPLY THE SUPPLEMENTAL REGULATIONS FOR THE RURAL EVENT FACILITY, NOT FOR SHORT-TERM TOURIST RENTALS, THOSE SUPPLEMENTAL REGULATIONS. AND AS A CONDITIONAL USE PERMIT, IT WOULD, IT WOULD HAVE TO COMPLY WITH ANY CONDITIONS SPECIFIC TO THE PROPERTY AND THE USE THAT THE, UH, PLANNING COMMISSION AND BOARD APPROVED. SO THAT WOULD BE A CASE BY CASE BASIS, BUT CORRECT. SO ERIC, NO FIREARMS WAS, WOULD NOT APPLY. WOULD NOT APPLY? THAT'S CORRECT. IT WOULD BE, IT WOULD HAVE TO BE ADDED AS A CONDITION SPECIFIC TO THAT PERMIT [00:30:02] PERMIT FACILITIES. I'M SORRY, WHAT WAS ALLOWING HOUSING OR SOMETHING WITH A SPECIAL USE PERMIT VERSUS CREATING SOMETHING? YEAH, EXACTLY. THAT'S KIND OF THE DIFFERENCE IS, IS THIS A SEPARATE USE OR IS THIS SOMETHING THAT SHOULD BE CLASSIFIED AS ACCESSORY TO A RURAL EVENTS FACILITY? AND IT'S NOT SOMETHING THAT WE'RE SAYING SHOULD BE PROHIBITED IN ANY, YOU KNOW, BUT IT IT COULD BE ACCEPTABLE. YEAH, EXACTLY. WELL, A SEPARATE USE AS A SEPARATE LISTED TYPE OF A USE. UH, WE WERE TRYING TO WRAP OUR HEADS AROUND THIS ONE INITIALLY. IT'S, IT'S A CHALLENGE. UH, UM, THE, THE PROPERTY OWNERS IS VERY INNOVATIVE AND, UH, WE, WE ADMIRE FOR THAT. UM, IT'S JUST VERY CHALLENGING TO TRY AND FIGURE OUT JUST WHERE THIS FELL. AND, UM, YOU KNOW, WE HAVE A NUMBER OF, UH, VARIOUS TYPE LODGING FACILITIES, WHETHER IT BE A COMMERCIAL CAMPGROUND OR MOTEL, HOTEL INNS. UM, THE ROYAL EVENT FACILITY IS NOT REALLY, WE DON'T HAVE THE LODGING IN THAT, IN THAT COMPONENT. UM, IT WOULD BE SHORT TERM TOURIST RENTAL. AND SO WE'RE JUST TRYING TO, BY GOING THROUGH THIS PROCESS, REALLY SEPARATING OUT WHAT IS THE BEST LISTED USE, WHAT TYPE OF A LISTED USE WOULD BE FOR A PROPERTY THAT HAD NUME NUMEROUS PERMANENT CABINS ON IT. MADAM CHAIR, CAN I ASK? OH, ABSOLUTELY. OUR ATTORNEY A QUESTION, UM, SEEING THAT IN BOTH OF OPTION A AND OPTION SHOULDN BE THAT THERE ARE RESTRICTIONS ON THE AMOUNT OF KNIGHT, UH, THREE VERSUS SEVEN, COULDN'T THIS BE AMENDED TO ADD SIMILAR TO A C U P ONLY? IT'S NOT A C U P, BUT MORE RESTRICTIONS AS TO NO GUNS, IF THAT'S SOMETHING THAT IS OF CONCERN. SO THOSE TYPES OF RESTRICTIONS, UM, IF, IF YOU WERE THINKING ABOUT ADDING THEM INTO THE TEXT OF THE ORDINANCE THAT'S IN FRONT OF YOU THIS EVENING, UH, WERE LI LITTLE LIMITED IN TERMS OF WHAT WE CAN CRAFT RIGHT HERE. UH, WELL, I DON'T MEAN TONIGHT. I WOULD MEAN AS PART OF A CONDITIONAL USE PERMIT AND THE CONDITIONS THAT YOU DO LATER ON. WELL, IN, AND MR. KURTIS WAS CONCERNED ABOUT THE FACT THAT WITH THE WAY THIS IS, IT'S, IT LIMITS THE RESTRICTIONS YOU CAN PUT ON LIKE THE RESTRICTIONS YOU CAN DO WITH THE C P. SO MY QUESTION IS MM-HMM. , SINCE THERE'S SOME RESTRICTIONS IN HOW MANY NIGHTS SOMEONE, SO THERE ARE RESTRICTIONS IN HERE, COULD THIS, INSTEAD OF SAYING WE'RE NOT GONNA DO IT AT ALL BECAUSE WE ARE LEANING TOWARDS THIS SHOULD BE A CONDITIONAL OR A SPECIAL USE PERMIT, COULDN'T WE GO BACK, ADD THOSE TYPES OF RESTRICTIONS AND THEN BRING IT BACK? IS MY QUESTION? I'M, I'M STILL NOT SURE I UNDERSTAND A HUNDRED PERCENT AND I'M SORRY FOR BEING A LITTLE SLOW. SO, UH, THIS ORDINANCE HAS A NUMBER OF RESTRICTIONS. YOU CAN ALWAYS LAYER MORE ON TOP OF IT, BUT THESE SERVE AS A BASELINE OF PROPOSED RESTRICTIONS FOR EACH OF THESE FACILITIES. UH, THIS EVENING. UH, YOU CAN MAKE CHANGES IF YOU WANNA MOVE FORWARD THIS EVENING AND ADOPT THIS, YOU CAN MAKE SOME MINOR CHANGES OR YOU CAN DIAL BACK THESE RESTRICTIONS. UH, YOU COULD SAY, YOU KNOW, I ADOPT IT, BUT I DON'T WANT A SEVEN, A EIGHT AND A NINE AS RESTRICTIONS. AND YOU COULD ALWAYS DO THOSE ON A CASE BY CASE BASIS, UH, LATER ON IN CONNECTION WITH EACH INDIVIDUAL PERMIT. RIGHT. I'M NOT SURE IF THAT ANSWERED YOUR QUESTION, BUT I'M WELL, I'M, I'M MY, WHAT I'M HEARING IS, IS THE QUESTION OF WHETHER THIS IS SUITABLE AND THEN THE VOTE COULD BE TO DENY IT ENTIRELY BECAUSE OF THE CONCERN OVER RESTRICTIONS. AND I, YOU KNOW, I'VE SEEN THINGS TABLED BEFORE MM-HMM. TO FIX THE CONCERNS AND THEN BRING IT BACK TO BE READDRESSED. AND THAT'S MY ONLY, I WAS JUST TRYING TO THROW UP THERE, UM, YOU COULD CERTAINLY TABLE IT AND WE CAN MAKE ANY CHANGES YOU WANT. WE WORK FOR YOU. YEAH. I NEED TO MAKE A COMMENT. SO THIS IS, THIS IS NOT A CONDITIONAL USE PERMIT. I KNOW WHEN ON A, UM, ON A SHORT TERM TOURIST RENTAL, THIS IS A RURAL EVENT CENTER, WHICH IS A BUSINESS OWNED BY AN INDIVIDUAL WHO IS GOING TO BE ON SITE OR HAVE MANAGEMENT ON SITE ALL THE TIME, MANAGING PEOPLE COMING IN AND OUT. THIS IS NOT EVEN IN THE SAME LEVEL AS [00:35:01] FIREWORKS AND GUNS. AND IT'S JUST NOT FOR, I, I DON'T, I THINK WE'RE CONFLATING OUR RESPONSIBILITIES ON WHAT WE ARE TALKING ABOUT HERE IN TERMS OF HOW THIS IS TREATED. SO I JUST WANNA SAY THIS IS AGRITOURISM. UNFORTUNATELY, THE STATE OF VIRGINIA HAS NOT DEFINED AG AGRITOURISM AS A, UH, USE A LAND USE WELL YET, BUT THEY ARE WORKING ON IT. AND I HAVE TALKED TO A NUMBER OF PEOPLE IN THIS AREA WHO, BECAUSE THIS HAS BEEN AN INTEREST TO ME BECAUSE NUMBER ONE, AGRICULTURE IS THE NUMBER ONE INDUSTRY IN OUR STATE. UH, NUMBER TWO IS TOURISM . AND SO AGRO TOURISM IS A, IS A WAY TO ALLOW FARMERS WHO ARE SUFFERING AND UNABLE TO USE THEIR FARMS FOR PROFIT TO DO SOMETHING ELSE THAT WILL BENEFIT THE STATE AND ALLOW THEM TO MAINTAIN THEIR OWNERSHIP OF THIS PROPERTY. I DO NOT THINK THAT, I THINK THAT WARREN COUNTY HAS A UNIQUE OPPORTUNITY TO BE A PIONEER IN, IN THIS EFFORT AND NOT TO PUT ALL THESE RESTRICTIONS ON IT BECAUSE IT'S NOT THE SAME LAND USE AS WE ARE USUALLY CONSIDERING. THIS IS A UNIQUE LAND USE AND I WANNA DO EVERYTHING I CAN TO ENABLE FARMERS TO MAINTAIN AND OWN THEIR FARMS SO THAT THEY DON'T HAVE TO, TO PUT HOUSING DEVELOPMENTS ON THEM THAT WILL COST THE COUNTY INFRASTRUCTURE AND FIRE AND RESCUE IN SCHOOLS. SO WHAT I'D LIKE TO SUGGEST IS THAT WE CONSIDER THIS AS A UNIQUE SITUATION AND THEY'RE GONNA BE MORE OF THEM BECAUSE THERE ARE MORE FARMS IN OUR COMMUNITY WHERE PEOPLE WANT TO MAINTAIN AND LIVE ON THEIR LAND, BUT THEY'VE GOTTA FIND A WAY TO, TO PROFIT FROM IT AT THE SAME TIME. SO I THINK WE'RE NOT CONSIDERING, THIS IS NOT A CONDITIONAL USE SITUATION. THIS IS A BUSINESS THAT IS BEING OWNED AS AN AGRITOURISM BUSINESS AND THAT'S HOW IT SHOULD BE TREATED. MAKE A MOTION. ARE THERE ANY OTHER QUESTIONS THAT POINT? IS THERE ANYTHING REQUIRE ALL TIME? NO, THERE'S NOTHING IN THE REGULATIONS REQUIRING THAT OR THE DRAFT REGULATIONS , THAT'S SIMILAR TO WHAT SHORT-TERM TOURIST RENTALS ARE, AND THAT'S WHAT SEPARATES THEM FROM BED AND BREAKFASTS. BED AND BREAKFAST IS REQUIRE THAT EITHER THEY'RE BEING AN INKEEPER OR THE PROPERTY OWNER ON SITE, UH, AS PART OF THAT TYPE OF LODGING WITH SHORT-TERM TA RENTAL, IT IS NOT REQUIRED. IT'S UP TO THE PROPERTY OWNER'S, UH, DECISION IF THEY WANT TO BE ON SITE, IF THERE'S AN AVAILABLE ROOM AND THEY WANNA STAY THERE, THAT'S UP TO THE PROPERTY OWNER. BUT, BUT, UH, THEY ARE NOT REQUIRED AS PART OF A SHORT-TERM TOURIST RENTAL. AND WITH THE RURAL EVENT FACILITY IN THESE CABINS, AS IT, AS MR. LENZ MENTIONED, THEY WOULD NOT BE REQUIRED TO HAVE SOMEBODY ON SITE. OBVIOUSLY THEY'RE GONNA HAVE A MANAGER AT SOME POINT IN TIME, BUT TO BE ON SITE OVERNIGHT OR ANYTHING IS NOT A REQUIREMENT. SO THE SHORT-TERM TOURIST RENTAL, THAT THAT SOMEWHAT IS WHERE, UH, WITH THE SHORT-TERM TOURIST RENTAL AND THE RURAL EVENT FACILITY, THERE MAY BE SOME THINGS THAT KIND OF MAKE THEM LOOK ALIKE. BUT, UM, YOU HAVE NUMEROUS HOMES VERSUS A SINGLE FAMILY DWELLING ON A PROPERTY YESTERDAY. BE A FARMER NOW WHO'S GONNA TURN THIS WHOLE PROPERTY INTO AN EVENT CENTER TO WHERE, WHERE INSTEAD OF AGRICULTURE, SO RIGHT NOW WE'RE PRETTY MUCH USE THEIR PROPERTY FOR, WELL, THERE, THERE'S A COMPONENT OF THE, OF AGRICUL AGRICULTURAL TOURISM SPECIFIC TO A COUPLE OF THESE PROPERTIES. I MEAN THEY'RE, THEY'RE, YEAH, YEAH. BUT IT DOESN'T PROHIBIT FARMER FROM USING HIS REAR PROPERTY FOR AN EVENT CENTER AND THAT'S ALL, IT'S IT'S AN EVENT CENTER. SO THERE IS NO AGRICULTURE RELATED. YEAH, IT IT, IT WOULDN'T PROHIBIT THEM. I ARE THE NO, IT DOESN'T, BUT THAT'S WHAT I'M HEARING IS THAT'S [00:40:01] NOT THE INTENT. THE INTENT IS TO ENCOURAGE, HELP THE AGRI PROPERTY JOINT. YOU, YOU HAVE AGRICULTURE THAT YOU MAINTAIN. CORRECT. AND YOU ALSO HAVE AN IDEA THAT'S GONNA SUPPLEMENT. SO BLEND TOGETHER AND, AND LOOK AT IT AS YOU CAN OFFER EDUCATION OFFER. MM-HMM. . YES, WE HAVE A VERY BEAUTIFUL AREA. RIGHT. AND LOOKING AT IT TO LET, ESPECIALLY AND SEEING THE INVENTION, THE PROCESS OF SOMETHING, UM, THEY MIGHT BE RIGHT. SO THIS WOULD BE SOMETHING WOULD BE INTERESTING, BUT, YOU KNOW, BUT THE, BUT THIS IS AGRICULTURE, IT'S ON AGRICULTURE ZONE PROPERTY. IT'S NOT, IT'S NOT LIMITING TO TOURISM TYPE. YOU MEAN LIKE AN ACTIVE FARM LIMITING IT TO REQUIRING IT BEING ON ACTIVE FARM, SELECT FARM, DOING SOMETHING TOTALLY DIFFERENT. I KNOW DURING THE WORK SESSION WE HAD MS. LOGAN, UH, HERE AND SHE HAD MENTIONED THAT THAT WAS ORIGINALLY IN THE DEFINITION FOR RURAL EVENTS FACILITY AND IT WAS REMOVED. I DO NOT KNOW WHY AND SHE DIDN'T EITHER. AND, AND I'LL JUST MENTION ALSO THAT AT, AT THIS TIME, THE STATE CODE DOES NOT REFERENCE LODGING UNITS AS PART OF, UH, A AGRITOURISM. AND I THINK THAT MIGHT HAVE BEEN WHAT MS. OATS WAS ALLUDING TO IS SOME OF THOSE CHANGES THAT NEED, THAT SHE FELT NEEDED TO BE MADE. BUT, UM, AND THAT'S ANOTHER REASON WHY THAT'S NOT IN THE, THE CURRENT ORDINANCE. I'LL MENTION, AND THIS IS JUST KIND OF BASED ON THE HISTORY OF WHAT WE HAVE HERE WITH THE THREE RURAL EVENT FACILITIES THAT WE HAVE APPROVED, TWO OF THEM CURRENTLY HAVE ACTIVE SHORT-TERM TOURIST RENTALS THAT WERE APPROVED AS SEPARATE USES FOR THE PROPERTY. UM, ONE IS, UH, ON THE PROPERTY ITSELF, WELL ACTUALLY TWO OF THEM ARE ON THE PROPERTY AND THEN THE ONE IN THE SOUTH RIVER DISTRICT ACTUALLY HAS ONE ON THE PROPERTY AND ONE NOT ON THE PROPERTY. AND MS. COOK, UH, AND AGAIN, WE'RE NOT DIRECTING SPECIFICALLY, BUT MS. COOK HAS APPLIED FOR CONDITIONAL USE PERMITS FOR THREE, UM, SHORT-TERM TOURIST RENTALS, ONE ADJACENT TO THE PROPERTY, ONE ON THE PROPERTY, AND ONE ABOUT A HALF MILE DOWN FROM THE PROPERTY. SO THERE IS THAT SHORT-TERM TOURIST RENTAL COMPONENT TO WHAT WE'RE SEEING IN THESE TI THIS TYPE OF USE. IT'S JUST FOR US TO LOOK AT THAT AD AND THESE ARE SINGLE DWELLING UNITS ON SINGLE PROPERTIES FOR US TO LOOK AT THE ADDITIONAL SLIDING SCALE OF UNITS THAT WE'VE PROPOSED, THE 20 DWELLINGS ON A PROPERTY, IT MAKES IT VERY DIFFICULT TO, FOR US TO SEPARATE THAT FROM A SHORT-TERM TOURIST RENTAL AND A RURAL EVENT FACILITY. AND THAT'S WHERE WE HAD A TIME WRAPPING OUR HEADS AROUND AND, AND EVEN IN SOME DISCUSSIONS WITH OUR BOARD MEMBERS, YOU KNOW, IT CAME, WE DISCUSSED POTENTIAL FOR A RURAL RESORT TYPE THING, WHICH WOULD HAVE THAT NUMEROUS COMPONENTS OF, OF LODGING UNITS, WHICH IS WHAT WE'RE PROPOSING AS A DEFINITION FOR LODGING UNITS. SO, UM, AGAIN, WE'RE, WE'RE TAKING, WHAT DO WE HAVE NOW? WHAT DO WE WANNA SEE THE COUNTY LOOKING LIKE MOVING FORWARD FOR THESE LARGE AGRICULTURAL CULTURAL LOTS THAT ARE FACING SOME OF THE ECONOMIC CHALLENGES. SO BE AN ASSET TO THE COMMUNITY THING. ANY ORDINANCES I'D LIKE TO AVOID SOME GUY HAD IT A RULE OF THIS FACILITY AND HAVE A PARTY COME UP. WOULD THESE LODGING UNITS ON THIS FACILITY BE SUBJECT TO THE TRANS? WELL, I DO, I DO NOT KNOW THE ANSWER TO THAT. I BELIEVE I'VE HEARD IT'S BY PROPERTY RATHER THAN BY UNIT, BUT I DO NOT KNOW FOR SURE. I BELIEVE IT IS [00:45:01] BY PROPERTY RATHER THAN BY UNIT. BUT THAT IS SOMETHING THE COMMISSIONER REVENUE WOULD HAVE TO ADDRESS. I'M NOT SURE OF THE REGULATIONS. I BELIEVE THE TRANSIENT OCCUPANCY TAX APPLIES TO ANYTHING THAT'S LESS THAN 30 NIGHTS IN A ROW. AND UNDER THIS ORDINANCE IT WOULD EITHER BE THREE OR OR SEVEN. AND, AND IT APPLIES TO THE, THE GROSS PROCEEDS THAT ARE PAID BY SOMEONE STAYING THERE TO THE, TO THE PERSON RENTING IT OUT. SO IT WOULD APPLY THE SAME AS IT WOULD ANYWHERE ELSE YOU STAY. OKAY. IN ALL HONESTY, UM, JUST KNOWING THAT LAND IS PRECIOUS TO PRESERVE, UM, DON'T WEDDINGS. THERE'S OTHER ANNIVERSARY CELEBRATIONS. SOMEONE COME IN TO SET IT UP. VIRGINIA TECH AN OPPORTUNITY TO AN EDUCATIONAL OFFERING AS WELL. CRUSH GRAPES, BUT WOULD BE PERFECT FOR THIS DIFFERENT, HAVE PEOPLE OUTSIDE THAT FOREIGN SLIDES AND EVERYTHING, EVERY RECALL. MM-HMM. MIGHT NOT BRING UP JUST ONE POINT AND IT IT APPLIES TO BOTH OF THE OPTIONS IS, UH, GENERAL REQUIREMENTS, UH, FOR RURAL EVENT FACILITIES. ONE RURAL EVENT FACILITIES SHALL BE LOCATED IN A PARCEL THAT FRONTS UPON AND HAS ACCESS TO A STATE MAINTAINED ROAD. AN ENTRANCE TO THE PROPERTY SHALL HAVE VITE APPROVAL FOR THIS TYPE OF USE. IN THAT WAY, IT WOULD LIMIT THESE TWO, THOSE PROPERTIES THAT HAVE DIRECT STATE ROAD FRONTAGE, THAT STATE MAINTAINED ROAD, MANY OF THE PROPERTIES IN THE COUNTY AREN'T ON A STATE MAINTAINED ROAD OR ARE IN A VERY ISOLATED WOODED AREA. SO THAT WOULD BE, THEY WOULD BE PROHIBITED FROM THIS SPECIFIC USE. SO, UM, ALL THREE OF THE ONES THAT WE HAVE AND HAVE HAD APPROVED ARE ALL ON STATE ROADS AND, UH, GOING FORWARD THAT, THAT THAT CONDITION OR THAT SUPPLEMENTAL REGULATION WOULD APPLY. SO, UM, [00:50:02] ARE APPROPRIATE RECOMMENDATIONS TO APPROVE THE PROPOSED OPTION D? HAVE CALL MS. RICHARDSON. HI, MR. HENRY. WHAT STATE? MR. MYERS? AYE. MR. CURTISES? AYE. MR. HOUSTON, THANK YOU VERY MUCH. OKAY. ARE WE READY TO MOVE ON? IF, IF THERE'S NO FURTHER WORDS BUSINESS FOR THE PLANNING COMMISSION, YOU'D BE WELCOME TO TO MOTION TO ADJOURN. THANK YOU. THANK YOU. THANK YOU. THANK YOU. THANK YOU. OH, THANK YOU. TAKE CARE. OKAY, SO MOVING ON. SO NOW AS THE BOARD OF SUPERVISOR, UM, WE, WE ARE OPEN FOR ANY BOARD DISCUSSION. IS THERE ANY DISCUSSION? IF NOT, WE CAN MOVE ON TO MAKE A MOTION. I'LL MAKE THE MOTION FINDING THAT THE PROPOSED ZONING ORDINANCE AMENDMENT IDENTIFIED AS OPTION B AS APPROPRIATE FOR THE PUBLIC, UH, NECESSITY, CONVENIENCE, GENERAL WELFARE, AND GOOD ZONING PRACTICE. I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE PROPOSED OPTION B AMENDMENT. THANK YOU. IS THERE SECOND? SECOND. SECOND. OH, VERY GOOD. LOTS OF SECONDS. ROK. MR. BUTLER? AYE. MRS. COLORS? HI MADAM CHAIR. AYE. MRS. OATS? AYE. MR. MABE? AYE. VERY GOOD, THANK YOU VERY MUCH. MOTION PASSES. MATT PASSES. OKAY. OKAY, [C1. Conditional Use Permit 2023-01-01, Dominik Golczewski for a Short-Term Tourist Rental located at 398 Briar Lane and identified on Tax Map 15E, Section 5, Block 5, Parcel 443 - Chase Lenz, Zoning Administrator] WE'RE GONNA MOVE ON TO THE OTHER PUBLIC HEARINGS THAT WE HAVE ON OUR AGENDA. UM, I'M NOT GOING TO READ OUR GUIDELINES AGAIN, SO WE'LL JUST TAKE IT FROM HERE. FIRST ITEM IS THE CONDITIONAL USE PERMIT 20 20 20 23 DASH OH ONE DASH OH ONE DOMINANT ZEKI FOR A SHORT TERM TUR TOURIST RENTAL LOCATED AT 3 98 BREYER LANE. AND IDENTIFY ON TAX MAP 15 E SECTION FIVE BLOCK FIVE PARCEL 4 43. MR. LINZ. THANK YOU MADAM CHAIR. THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR SHORT-TERM TOURIST RENTAL FOR THE PROPERTY PURCHASED IN OCTOBER OF 2017. DUE TO RECENT CIRCUMSTANCES AND HIS CAREER AS AN ACTIVE DUTY SERVICE MEMBER, THE PROPERTY OWNER IS UNABLE TO OCCUPY THE DWELLING YEAR ROUND AND HE WOULD LIKE TO MAKE HIS PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA. TO HELP OFFSET THE COST OF OWNERSHIP AND MAINTENANCE. THE APPLICANT WILL HIRE A LOCAL PROFESSIONAL PROPERTY MANAGEMENT COMPANY TO MANAGE THE OPERATION OF THE SHORT TERM TOURIST RENTAL AND FOR MAINTENANCE OF THE PROPERTY. UH, THIS PROPERTY IS LOCATED IN THE SHENANDOAH FARMS SUBDIVISION MOUNTAIN LAKE SECTION AND THE HOME WAS CONSTRUCTED IN 2017. THERE IS A HEALTH DEPARTMENT OPERATION PERMIT, WHICH ALLOWS A MAXIMUM OF FIVE OCCUPANTS FOR THE THREE BEDROOM DWELLING AND IT IS NOT LOCATED WELL. WE DID NOT REQUEST COMMENTS FROM SHANDO FARMS. UH, THE APPLICANT IS REQUESTING A WAIVER TO THE 100 FOOT SETBACK REQUIREMENT IN THE SUPPLEMENTARY REGULATIONS FOR SHORT TERM TOURIST RENTALS. AS THE DWELLING DOES NOT MEET THE REQUIRED 100 FOOT SETBACK TO NEIGHBORING DWELLINGS, THE DWELLING ON THE ADJACENT PROPERTY TO THE WEST IS 98 FEET FROM THE DWELLING ON THE SUBJECT PROPERTY. SO IT IS THE STANDARD RECOMMENDED CONDITIONS. I'LL READ THROUGH THEM THIS FIRST TIME. WE HAVE A FEW EXTRA ON THIS ONE. UM, AND I WILL SAY THE PLANNING COMMISSION DID UNANIMOUSLY, UH, MOVE THIS ON WITH THE RECOMMENDATION OF APPROVAL AFTER ADDING CONDITION NUMBER NINE. SO FOR THE CONDITIONS, NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, WARREN COUNTY BUILDING INSPECTIONS AND VIRGINIA STATEWIDE FIRE PREVENTION CODE REGULATIONS AND REQUIREMENTS. NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED FIVE AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATION PERMIT FOR A THREE BEDROOM DWELLING. NUMBER THREE, THE [00:55:01] APPLICANT SHALL HAVE THE WELL WATER TESTED ANNUALLY, FREE COLI AND COLIFORM BACTERIA, AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS. NUMBER FOUR, THE APPLICANT SHALL HAVE THE SEPTIC SYSTEM INSPECTED ANNUALLY BY A STATE AND LICENSED INSPECTOR AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS. THE SYSTEM SHALL ALSO BE SERVICED EVERY FIVE YEARS AS RECOMMENDED BY THE HEALTH DEPARTMENT AND A COPY OF THE SERVICE INVOICE SHALL BE PROVIDED TO THE PLANNING DEPARTMENT. NUMBER FIVE, THE DISCHARGE OF FIREARMS AND HUNTING ON THE PROPERTY BY GUESTS SHALL BE PROHIBITED. NUMBER SIX, THE USE OF TERRAINED VEHICLES BY GUESTS ON THE PROPERTY AND WITHIN THE SUBDIVISION SHALL BE PROHIBITED. NUMBER SEVEN, OUTDOOR BURNING AND USE OF FIREWORKS BY GUESTS SHALL BE PROHIBITED. AND NUMBER EIGHT, IF YOU CHOOSE TO WAIVE THE SETBACK REQUIREMENT, A WAIVER TO THE REQUIRED SETBACK OF 100 FEET TO NEIGHBORING DWELLING SHALL BE GRANTED FOR THE EXISTING 98 FOOT SETBACK FROM THE DWELLING WEST OF THE SUBJECT PROPERTY. AND NUMBER NINE, THE APPLICANT SHALL PLANT EVERGREEN TREES NO LESS THAN FIVE FEET IN HEIGHT ALONG THE PROPERTY BOUNDARIES SHARED WITH 3 88 BRIAR LANE AS A BUFFER FOR NOISE. SO CONDITION NUMBER NINE WAS ADDED, UH, BY THE PLANNING COMMISSION DURING THE COURSE OF THEIR PUBLIC HEARING BEFORE FORWARDING IT ON WITH A RECOMMENDATION OF APPROVAL. THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNER'S NOTIFIED. I AM NOT SURE IF THE APPLICANT IS HERE. YES, THE APPLICANT IS HERE IF YOU HAVE ANY QUESTIONS. THANK YOU. THANK YOU VERY MUCH. PUBLIC HEARING IS NOW OPEN. DOES THE APPLICANT WOULD LIKE TO COME AND SPEAK? NOPE. VERY WELL. DO WE HAVE ANYBODY SIGNED UP? NO MA'AM. OH, THANK YOU. ANYBODY IN THE AUDIENCE WOULD LIKE TO COME AND SPEAK? SECOND CALL. FINAL CALL. VERY GOOD. PUBLIC HEARING IS CLOSED. IS THERE ANY DISCUSSION ON THE BOARD? YEAH, MADAM CHAIR. I I JUST WANT TO KNOW WHY DO WE STILL HAVE NUMBER EIGHT? NUMBER EIGHT ON THE AGENDA? YEAH, NO, NO. NUMBER EIGHT. UH, A WAIVER TO THE REQUIRED SETBACK. 100 FEET. I THOUGHT WE'D DISCUSSED THAT AND WE WERE GONNA, WE HAD A WORKING SESSION TO DISCUSS A PASS FORWARD AND THAT WAS ONE OF THE OPTIONS TO WAIVE OR TO, UM, CHANGE. TO CHANGE THE SETBACK REQUIREMENT. YEAH, JUST ELIMINATE RIGHT. BUT WE HAVEN'T MADE ANY, ANY MOTIONS OR DECISIONS ON THAT THIS TIME. UM, CAN I ASK A QUESTION? ABSOLUTELY. UM, HAS THE NEIGHBOR, I SAW NO LETTERS, UH, EITHER FOR OR AGAINST, UM, THE NEIGHBOR THAT'S CLOSE TO THE 98 FEET. HAVE WE HAD ANY CONVERSATION AND ARE THEY AGAINST IT? I MEAN, WE USUALLY USE THAT AS A BIT OF A GUIDELINE. YEAH. SO WE HAVE NOT GOTTEN ANYTHING FROM THEM. I THINK THAT'S WHAT LED TO THE PLANNING COMMISSION REQUESTING THE LANDSCAPE SCREEN AS CONDITION NUMBER NINE. THEY DID IT WITHOUT, UM, I I BELIEVE THAT THEY DID IT TO SOLVE THAT PROBLEM. NO, I, AND I I THINK THAT'S ADMIRABLE. UH, I JUST WANTED TO ASK THAT QUESTION CUZ OKAY. SOMETIMES PEOPLE WILL SEND IN LETTERS AND SOMETIMES YOU'VE TALKED TO PEOPLE OR THE APPLICANT HAS TALKED TO PEOPLE AND, AND MADE A COMMENT TO AND WE HAVEN'T HAD NO CONTACT FROM THE NEIGHBOR. OKAY. THANK YOU. ANY OTHER QUESTIONS? NOPE. DO WE HAVE A MOTION? MADAM CHAIR? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF DOMINIC SLAUGHTER, YOUR LAST NAME, I'M SORRY, FOR A SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THIS IS YOUR SECOND, SECOND ROLL CALL PLEASE. MR. MABE. AYE. MRS. OATS? AYE. MADAM CHAIR? AYE MRS. COLORS? AYE. MR. BUTLER? AYE. THANK YOU. GOING [C2. Conditional Use Permit 2023-01-03 Vitaliy Hayda & Oleksandr Mokrohuz for a Short-Term Tourist Rental located on 540 Bragg Drive and identified on Tax Map 23C, Section 8, Block 4, as Parcel 16 - Matt Wendling, Planning Director] ON TO OUR NEXT ITEM IS, UH, OH BOY, I APOLOGIZE AHEAD UP TO THE PRONUNCIATION OF THESE NAMES, CONDITIONAL USE PERMIT 2023 DASH OH ONE DASH OH THREE VITAL HEDA AND OKLA. OH MY GOODNESS. HOW AM I SAY OKLA SENDER? , I, SO I APOLOGIZE, I OH, I, I APOLOGIZE. UH, FOR SHORT-TERM TERRANCE RENTAL, LOCATED AT, UH, FIVE 40 BRAGG DRIVE IDENTIFIED ON TAX MAP 23 C SECTION EIGHT BLOCK FOUR AS PARCEL 16. MR. WELDY? YES, THE APPLICANTS, UH, MS. HAIDA AND MR. BUCK ROSE TRYING, UH, ARE REQUESTING THE CONDITIONAL USE PERMIT PER PROPERTY THEY PURCHASED IN MARCH OF 2022. UM, THEY CURRENTLY HAVE A DWELLING UNDER CONSTRUCTION, WHICH IS [01:00:01] A CIRCULAR HOME. THEY, THEY CHOOSE TO, UM, PICK THIS COMMUNITY FOR ITS RURAL ATMOSPHERE AND, UH, BECAUSE THEY'RE RESIDENTS OF NORTHERN VIRGINIA, THEY DO PLAN TO UTILIZE THE PROPERTY THEMSELVES AT TIMES. UM, THE FUTURE LAND USE MAP DOES, UH, ALLOW FOR THIS, UH, TYPE OF RESIDENTIAL LAND USE AS A SHORT-TERM TOURIST RENTAL. THE PROPERTY DWELLING DOES MEET THE REQUIRED SETBACK. IT IS 303 FEET FROM THE ADJACENT PROP, UH, PROPERTY DWELLING. UM, IT IS LOCATED IN SHINO FARMS AND WE HAVE NOT RECEIVED COMMENTS FROM SHINO FARMS BECAUSE WE DO NOT SEND THEM TO THE P O S F. UH, AS A RECOGNIZED, I BELIEVE THEY'RE NOT RECOGNIZED AS THE, UH, THE AGENTS THAT SEND THESE TO. SO WE'VE NOT SENT THEM, BUT THEY HAVE BEEN APPROVED IN THE PAST BY THE PO OS PO O S F. UM, I WILL FOREGO READING ALL OF THE CONDITIONS BECAUSE THEY ARE THE SAME CONDITIONS, UM, THAT WE, THAT WE HAVE, UH, WITH THE EXCEPTION OF TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED EIGHT AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATIONAL PERMIT FOR A FOUR BEDROOM DWELLING. UM, WE DID RECEIVE, UH, A LETTER OF CONCERN FROM AN ADJACENT PROPERTY OWNER EXPRESSING PRIMARY CON, PRIMARILY CONCERNS OF NOISE. UM, IT IS A, A, UH, RURAL AREA WHICH, UH, THE NOISE TENDS TO CARRY QUITE A BIT, UM, DAMAGE TO THE ROAD FROM IN INCREASED TRAFFIC. UH, BRAG DRIVE IS A FAIRLY STEEP SLOPE ROAD WITH VERY, UM, WINDY, UM, CURVES AND THERE TENDS TO BE, UH, WASH BOARDING THAT, UM, UH, HAS DEVELOPED ON THAT ROAD AS STATED IN THE LETTER. AND THEN ALSO TRESPASSING BY VEHICLES ON THEIR DRIVEWAY, UM, WHICH, UM, HAS CAUSED SOME, SOME DAMAGE TO, UH, ITEMS IN THEIR YARD. SO THAT WAS PRIMARILY THE GIST OF THEIR CONCERN. UM, ONE OF THE ITEMS THAT WE DO NOT TYPICALLY ADD AS A CONDITION, BUT WE DO RECOMMEND IS THAT, UH, FOR PROPERTY OWNERS ON RURAL PRIVATE ROADS IS THAT THEY POST THEIR ADDRESS AND, UM, POTENTIALLY HAVE A SOLAR LIGHT OR SOMETHING LIKE THAT, THAT CLEARLY IDENTIFIES THE PROPERTY ITSELF, ESPECIALLY DURING THE EVENINGS, WHICH SOMETIMES CAN HELP WITH, UH, PROPERTY OWNERS OR, OR GUESTS COMING INTO PROPERTIES THAT THEY ARE NOT, UH, AUTHORIZED TO. UM, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNER IS NOTIFIED AND, UH, PROPERTY OWNER IS HERE AND I'D BE GLAD TO ANSWER ANY QUESTIONS. THANK YOU. PUBLIC HEARING IS OPEN. IS THE APPLICANT HERE, WOULD YOU LIKE TO SPEAK? NOPE. DO WE HAVE ANYBODY ELSE TO SPEAK MA'AM? THANK YOU VERY MUCH. ANYONE THE AUDIENCE WOULD LIKE TO SPEAK SECOND CALL, THIRD CALL. PUBLIC HEARING IS NOW CLOSED. IS THERE ANY DISCUSSION ON THE BOARD? ANY QUESTIONS? MADAM CHAIR, I JUST WANTED TO ASK THE APPLICANT, HOW DO YOU PROPERLY PRONOUNCE YOUR NAME? . MY NAME IS VITAL IDA. OKAY. OH MY. LET'S TRY THERE NO OTHER, NO DISCUSSION. HOW DO YOU INTEND TO KEEP THE NOISE DOWN? YES, YES SIR. YEAH, SO THIS IS OUR, UH, SECOND PROPERTY. FIRST ONE IS IN, UH, STANLEY PAGE COUNTY. SO WE HAVE NOT HAD ANY CONCERNS WITH, WITH NOISE. AND THAT PROPERTY IS 150 FEET FROM THE NEIGHBOR AND THIS ONE IS 300 FEET. SO I DON'T SEE ANY ISSUES WHERE I FEEL LIKE EXPERIENCED OWNERS BY NOW. AND UH, YEAH, THAT'S, IF THERE WILL BE, UH, NOISE COMPLAINTS, WE WILL, UH, AS, AS PRIOR APPLICANT PUT, UH, TREES OR, UH, WE ALSO HAVE IT IN OUR RULE BOOK. UH, 10:00 PM IS A QUIET TIME, START UNTIL 7:00 AM SO, UM, YEAH. ANY OTHER QUESTIONS? IF WE, IF WE PUT A, A ROW OF FIVE FOOT TALL TREES BETWEEN THE, BETWEEN THE PROPERTIES. IS IS, CAN THAT BE ADDED EASILY NOW? BECAUSE I MEAN, THE ABATEMENT, IF IT'S A, IT'S A FLATTISH LAND AREA AND YOU'VE GOT, YOU'VE GOT 289 FEET TO ONE AND YOU'VE GOT ROUGHLY, I DON'T KNOW, A HUNDRED AND X FEET TO THE OTHER. AND WHEN, IF, IF WE'RE GONNA HAVE SOME, SO SOME NOISE, WE MIGHT AS WELL HAVE [01:05:01] SOME SUPPRESSION. SURE. UM, IT WOULD BE UP TO YOU IF YOU'D LIKE TO ADD A CONDITION FOR THAT. WE COULD ADD IT, UH, THE SAME CONDITION AS, UH, THE PREVIOUS APPLICATION. WE'LL JUST ADDRESS THE CONDITION AS THE, UH, UH, FOR THIS PROPERTY ITSELF. BUT, UM, IT WOULD BE THE APPLICANT SHALL PLANT EVERGREEN TREES NO LESS THAN FIVE FEET IN HEIGHT ALONG THE PROPERTY BOUNDARY, UM, WITH ADJACENT PROPERTIES AS A BUFFER FOR NOISE. IF, AND THAT WOULD BE YOUR, YOUR REQUEST AS AN AMENDMENT TO THE CURRENT CONDITIONS THAT HAVE BEEN PROPOSED. WILL THAT WORK FOR YOU? UH, SURE. I I JUST WANNA SAY IT'S VERY STEEP AREA. IT'S WHERE EXACTLY OUR CABIN NEIGHBOR IS UP THE HILL. UH, YEAH, IT'S VERY STEEP, BUT THERE ARE LOTS OF, UH, TREASON BETWEEN US, BUT WE CAN DO MORE. YOU CAN DO MORE. YEAH, NO PROBLEM. CAN WE ADD A CONDITION IN THERE THAT IF THE TREES, TREES OFTEN ONCE THEY'RE PLAYING A DIE, THAT IF TO REPLACE IF THEY DIE OUT? SURE. WHAT WE COULD DO IS WITHIN THAT YEAR, I, I MEAN WE COULD CERTAINLY, WE, WE TRY AND DO AN ANNUAL REVIEW OF THESE. SO IF THAT WOULD BE SOMETHING YOU WANTED US TO DO AS AN, AN AD MAYBE AND DO AN ANNUAL REVIEW OF THE LANDSCAPING AS PART OF THE REVIEW, WE COULD WELL I'M JUST THINKING, YOU KNOW, IF YOU PLANT SAY 12 TREES AND SIX OF THEM DIE AND THERE'S NOTHING THAT SAYS YOU HAVE TO REPLACE THEM WITHIN THAT GROWTH THAT FIRST YEAR OF THEY'RE EITHER GONNA MAKE IT OR THEY'RE NOT, THEN IT'S KIND OF WELL, AS A CONDITION THAT WOULD BE A CONDITION THEY WOULD HAVE TO MAINTAIN. OKAY. SO THAT, THAT'S, THAT'S WHY I'M THE LANDSCAPE OFFER WOULD HAVE TO BE MAINTAINED. OKAY. AND, UH, TYPICALLY AGAIN, YOU'VE, YOU'VE GOTTA TAKE CARE OF THOSE TREES THAT FIRST YEAR, SO SO THEY CAN GET US THAT. WELL THAT'S, YEAH. AND WE CAN WORK WITH THE APPLICANT AS THE TYPE OF, UH, LANDSCAPING THAT MIGHT BE GOOD, UM, THAT YOU KNOW, IS NOT INVASIVE AND THAT, YOU KNOW, WILL WORK AS A NOISE SUPPRESSION BUFFER. OKAY. YEAH. THANK YOU. SO IF THE TOPOGRAPHY IS SUCH THAT THE HOUSE IS UP ON A HILL, IS IT REALLY NECESSARY TO PUT A BUFFER OF TREES ALONGSIDE A HOUSE THAT'S UP ON A HILL? I'M NOT SURE IT'S GONNA BENEFIT OR I DON'T KNOW. PROVIDE WHAT, WHAT YOUR INTENTIONS ARE ASKING IF THIS IS STEEP AS HE SUGGESTED. UM, AND I UNFORTUNATELY DID NOT GET TO SEE THIS ONE, SO I'M NOT POSITIVE IF WE CAN PULL UP THE TOPOGRAPHY OR NOT. THANK YOU. YEAH. UM, BUT IF IT IS STEEP AND THE HOUSE DOWN, DOWN BELOW IT, WOULD PUTTING A BUFFER OF TREES REALLY BENEFIT THE EITHER OF THEM? THAT'S MY QUESTION. YEAH, THAT'S, UH, THAT'S MY QUESTION TOO, MADAM CHAIR IS THAT, UH, YOU KNOW, IF THE, IF IT WAS WITHIN THAT A HUNDRED FEET I COULD, I COULD SEE ENTERTAINING THAT, BUT UH, IT'S 300 FEET, 50 AND 300 FEET. I MEAN, YOU KNOW, YOU'RE TALKING ABOUT A HALF FOOT FOOTBALL FIELD, SO THE UH, UH, I REALLY WOULDN'T SEE A USE FOR THAT. I MEAN, THE ONLY THOUGHT I CAN, CAN COME UP WITH LOOKING AT THE MAP IS MAYBE, YOU KNOW, TREES IN A SECTION THAT WITHIN THE LINE OF SIGHT OF THE TWO DWELLINGS THERE AND THERE. UM, SO YOU WOULDN'T NEED TO DO THE WHOLE BOUNDARY, BUT YOU KNOW, A FEW TREES BASICALLY WITHIN THE LINE OF SIGHT THAT MIGHT HELP ASSIST SYSTEM BUFFERING, YOU KNOW, AND THESE WOULD BE EVERGREEN'S, UH, ARBOR VIS OR THAT KIND OF THING THAT WOULD BE, YOU KNOW, THAT WOULD HAVE LEAF IN ALL ALL SEASON. SO, UH, THAT MIGHT BE BENEFICIAL. AGAIN, IT, IT'S A BIG PIECE OF PROPERTY. I DON'T KNOW HOW MUCH YOU BUY UP HERE BEHIND IT, BUT MAYBE BETWEEN, UH, THE ADJACENT PROPERTIES MAYBE IF YOU WANTED TO. WHERE'S THE HOUSE ON THAT PROPERTY? IT'S UH, UH, TWO THIRDS DOWN RIGHT HERE. OKAY. OKAY. YEAH. MADAM CHAIR, IF I MAY INTERRUPT. THE ADJACENT PROPERTY TO THIS PROPERTY IS ACTUALLY ON THE MARKET CURRENTLY AND THEY HAVE SOME AERIAL SHOTS THAT ACTUALLY INCLUDE AN IMAGE OF THE YT, IF THAT WOULD HELP KIND OF VISUALIZE MM-HMM. THE TOPOGRAPHY IF YOU WANTED ME TO PULL IT UP ON THE SCREEN. ABSOLUTELY. YEAH. TECHNOLOGY IS OUR FRIEND. IT IS, IT'S FABULOUS. SOMETIMES WHEN THE RIGHT PERSON IS WORKING THE TECHNOLOGY. RIGHT. SORRY FOR SHOWING YOUR HOUSE. IT'S ALRIGHT. [01:10:03] THIS IS THE APPLICANT'S HOUSE RIGHT HERE. YEAH. THERE ARE A LOT OF TREASON BETWEEN US, SO YEAH. AND THE CLOSEST HOUSE IS THE ONE RIGHT THERE. THREE FEET? MM-HMM. ? UH, I BELIEVE THAT IS, YES. YEAH, I WOULDN'T SEE A NEED TO NAH, PLANT ANY TREES BECAUSE YOU GOT PLENTY OF TREES THERE TO BEGIN. YEAH, THERE'S TONS IN BETWEEN. IT ALREADY. WELL I CAN SEE WHERE EVERGREENS WOULD BE MORE OF A SUPPRESSION THAN THOSE BECAUSE OF THERE'S NO LEAVES ON 'EM AND WHAT LEAVES ARE THERE OR HIGHER UP, BUT MAYBE POTENTIALLY AGAIN, LINE OF SIGHT TO THIS HOUSE. MM-HMM. POTENTIALLY IF THEY WANT, IF YOU WANT IT. I MEAN, YOU KNOW, IN THIS SECTION HERE, BUT HOW COME WE DON'T DO THAT FOR THE OTHERS THEN JUST HASN'T COME UP AS A, I THOUGHT HAD THAT COME UP BEFORE. LET ASK ONE QUESTION. YEAH. EVEN IF WE PUT THE BARRIERS ON AND THEN EVEN THOUGH WE MAY PUT, HAVE THE APPLICANT HAVE BARRIERS TO HELP WITH THE SOUND, IF THE SOUND THAT'S STILL, I MEAN IF THE APP, UM, NEIGHBORS STILL HEAR THE SOUND AND IT'S BELOW WHAT OUR SOUND ORDINANCE IS, I MEAN, I MEAN TECHNICALLY THERE'S NOTHING, RIGHT? YEAH, YEAH. RIGHT. YEAH, IT, WHAT WE DO IS WE REQUEST THAT THEIR PROPERTY MANAGEMENT PLAN AND THEIR GUESTS BE, UH, PROVIDED THE NOISE ORDINANCE SECTION 1 23 OF THE RIGHT, OF THE COUNTY CODE. YES. AND, AND THAT'S, I MEAN, IT'S ENFORCED ON SITE BY SHERIFF'S DEPARTMENT. SO INITIAL SHERIFF'S DEPARTMENT WOULD ENFORCE IT. AND THEN OF COURSE IF WE GOT THE COMPLAINT, THAT WOULD BE OUR ZONING ENFORCEMENT AND THEN THAT COULD BE SUBJECT TO PROPERTY OWNER TO HAVE HIS, HIS, UH, PERMIT REVOKED IF THERE'S A A, UH, IF IT VIOLATES A PATTERN OF, OF VIOLATION, IF IT VIOLATES OUR RIGHT. OUR, UM, SOUND IT, IT COMES, MUCH OF IT COMES DOWN TO THE BEHAVIOR OF THE PROPERTY OWNER'S GUESS AND THE ENFORCEMENT THAT, THAT THE PROPERTY OWNER DOES FOR THAT, YOU KNOW, IF THERE'S AN ISSUE THAT COMES UP. SO THANK YOU. UM, NOT TO SAY THAT TREES MIGHT NOT HELP, BUT YEAH. IS ANY OTHER QUESTIONS, DISCUSSIONS? NOPE. DO WE HAVE A MOTION? DO WE HAVE A MOTION? ADAM CHAIR, I, I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL, CONDITIONAL USE PERMIT OF VI VITALIA HAIDA AND ALEXANDRA MAURAS. OH, VERY GOOD. FOR A SHORT, FOR A SHORT TERM TOURIST METAL WITH CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THANK YOU. DO WE HAVE A SECOND? SECOND ROLL CALL PLEASE, MR. BUTLER? AYE MRS. COLORS? AYE. MADAM CHAIR? AYE. MRS. OATS? AYE. MR. MABE? AYE. THANK YOU. OKAY, THANK YOU. MOVING [C3. Conditional Use Permit 2023-01-04, Thomas Ryan for a Short-Term Tourist Rental located at 944 Wilderness Road and identified on Tax Map 23A, Section 8, Block 45, Parcel 17A - Chase Lenz, Zoning Administrator] ON TO THE NEXT, UM, ITEM IS, UH, CONDITIONAL USE PERMIT 2023 DASH OH ONE DASH OH FOUR THOMAS RYAN FOR A SHORT TERM TERRA RENTAL LOCATED AT 9 44 WILDERNESS ROAD AND IDENTIFY ON TAX MAP 23 A SECTION EIGHT BLOCK 45 PARCEL 17 A MR. LINZ THANK YOU MADAM CHAIR. THE APPLICANT IS REQUESTING THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY HE PURCHASED IN SEPTEMBER OF 2020. DUE TO A RECENT RECALL TO ACTIVE DUTY. THE OWNER'S PLAN IS TO PERMANENTLY MOVE TO THE SUBJECT PROPERTY. THE OWNER'S PLAN TO PERMANENTLY MOVE TO THE SUBJECT PROPERTY HAS BEEN DELAYED AND HE WOULD LIKE TO MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA TO HELP OFFSET THE COSTS OF HIS MORTGAGE AND MAINTENANCE OF THE PROPERTY. THE APPLICANT WILL EMPLOY A PRIMARY PROPERTY MANAGER, A LOCAL PROPERTY MANAGEMENT COMPANY, AND LOCAL PROFESSIONAL SERVICES FOR TRASH DISPOSAL CLEANING AND THE PROPERTY MAINTENANCE. THIS PROPERTY IS LOCATED WITHIN THE SKYLAND ESTATE. SUBDIVISION COMMENTS WERE REQUESTED FROM THE SKYLAND COMMUNITY CORPORATION. I ACTUALLY DO NOT BELIEVE WE RECEIVED COMMENTS. NOW. WE DID, YES. THE SKYLAND COMMUNITY CORPORATION DID RECOMMEND, UM, OR DOES NOT RECOMMEND THE APPROVAL OF THIS AS IT DOESN'T MEET THEIR CONDITIONS, UH, WHICH WERE INCLUDED IN THE PACKET. UH, AND THE DWELLING DOES MEET THE SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS. THE CLOSEST DWELLING IS 348 FEET TO THE SOUTHWEST, AND THE, THE HEALTH DEPARTMENT OPERATION PERMIT FOR THIS PROPERTY ALLOWS FOR MAXIMUM OF FOUR OCCUPANTS. SO IT IS THE STANDARD RECOMMENDED CONDITIONS WITH CONDITION NUMBER TWO. THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED FOUR AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATION PERMIT FOR A FOUR BEDROOM DWELLING. THIS [01:15:01] PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED AND THE PLANNING COMMISSION DID FOR THIS APPLICATION TO YOU WITH THE UNANIMOUS RECOMMENDATION OF APPROVAL. UM, YEP. AND THE APPLICANT IS HERE TONIGHT IF YOU HAVE ANY QUESTIONS. THANK YOU. THANK YOU VERY MUCH. PUBLIC HEARING IS NOW OPEN. WOULD THE APPLICANT LIKE TO SPEAK? NO COMMENTS. OBJECT. OKAY, THANK YOU. DO WE HAVE ANYBODY SIGNED UP? NO, MA'AM. NOW. THANK YOU. ANYBODY IN THE AUDIENCE LIKE TO COME AND SPEAK? SECOND CALL. THIRD AND FINAL CALL. PUBLIC HEARING IS NOW CLOSED. ANY DISCUSSION? NOPE. MADAM CHAIR. I JUST WANTED TO ASK REAL QUICK, UH, YOU'RE BEING CALLED UP. UM, EXCUSE ME, , I, UH, I VOLUNTEERED FOR THIS ONE. IT'S, UH, RECALLED ACTIVE DUTY AT THE PENTAGON FOR, UH, TWO TO THREE YEARS RIGHT NOW. UM, IT'S A MILESTONE OPPORTUNITY WITHIN MY, UH, COMMUNITY IN THE NAVY TO HOPEFULLY MAKE, UH, THE NEXT PAY GRADE. CONGRATULATIONS. THANK YOU. WELL, GOOD FOR YOU. I, I, I VOLUNTEERED FOR A SIX MONTH THAT TURNED INTO SEVEN YEARS , SO THANK YOU. SO BE PREPARED, . OH, I'M WILLING. IT, IT'S UH, IT'S VERY ENJOYABLE SO FAR, WORKING ON SOME, UH, SOME GOOD STUFF FOR THE NAVY. WELL, THANK YOU FOR YOUR SERVICE. THANK YOU VERY MUCH. APPRECIATE THAT. VERY GOOD. THANK YOU VERY MUCH. THANK YOU. SO DO WE HAVE A MOTION? MADAM CHAIR? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT, UH, REQUEST OF MR. THOMAS RYAN FOR A SHORT-TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSIONER AND STAFF. THANK YOU. DO WE HAVE A SECOND? SECOND. SECOND. THANKS. UH, RO ROCO. MR. MABE? AYE. MRS. OATS? AYE. MADAM CHAIR? AYE. MRS. COLORS? AYE. MR. BUTLER? AYE. THANK YOU. [C4. Conditional Use Permit 2023-01-05, David Bediz for a Short-term Tourist Rental located at 303 Marino Lane and identified on Tax Map 15D, Section 2, Block 5, Parcel 95 - Matt Wendling, Planning Director] NEXT ITEM ON THEIR AGENDA IS CONDITIONAL USE PERMIT 2023 DASH OH ONE DASH OH FIVE DAVID B BIDS FOR A SHORT TERM TURN. REDDLE LOCATED AT 3 0 3 MAR, OH GOD, I CAN'T TALK TODAY. MARINO LANE AND IDENTIFY IT ON TAX MAP 15 D SECTION TWO BLOCK FIVE PARCEL 95. MR. WELDY? YES. UH, THE APPLICANT PURCHASED THIS PROPERTY IN 2021. UM, HE WAS CITED SHORTLY AFTER THAT, AFTER THE COUNTY DISCOVERED THE, UH, ADVERTISEMENT OF THE SHORT TERM TORRES RENTAL ONE, UH, UH, WEBSITE. UM, THE PROPERTY OWNER HAD BEEN USING IT SINCE HE PURCHASED THE PROPERTY AND WAS UNAWARE OF THE RULES, REGULATIONS, AND REQUIREMENT FOR THE CONDITIONAL USE PERMIT. HE DID, UH, APPLY FOR THIS PERMIT AFTERWARD AND IN A STATEMENT OF JUSTIFICATION, HE STATED HE HAD NO COMPLAINTS FROM NEIGHBORS IN THE TIME HE HAD BEEN OPERATING. UM, HE, UM, UH, HIS, HIS, HIS APPLIED FOR THIS CONDITIONAL USE PERMIT IN ORDER TO CONTINUE THAT OPERATION AS A TOURIST RENTAL PROPERTY DOES MEET THE SETBACK. IT'S 425 FEET FROM AN ADJACENT DWELLING AND IT'S LOCATED IN THE SHINDO FARM SUBDIVISION. UM, AGAIN, STANDARD, UH, CONDITIONS THAT WE HAVE WITH THESE. UH, NUMBER TWO WOULD BE THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED SIX PERSON OCCUPANCY IS D DETERMINED ACCORDING TO HEALTH DEPARTMENT OPERATIONAL PERMIT FOR A CONVENTIONAL SEPTIC SYSTEM FOR A THREE BEDROOM SINGLE FAMILY DWELLING. UM, THIS, UM, PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED. I DON'T SEE MR. BEESE IN THE, UH, AUDIENCE, SO, UH, I'D BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU VERY MUCH. YOU'RE WELCOME. PUBLIC HEARING IS NOW OPEN. DO WE HAVE ANYBODY WHO WOULD LIKE TO SPEAK? NO ONE HAS SIGNED UP. MADAM CHAIR, THANK YOU VERY MUCH. IS THERE ANYONE IN THE AUDIENCE WHO'D LIKE TO COME UP AND SPEAK? SECOND CALL. THIRD AND FINAL. THANK YOU. PUBLIC HEARING IS NOW CLOSED. IS THERE ANY QUESTIONS ON THE, FROM THE BOARD? YES, MR. MABE, UM, HAS HE, HAS HE PROVIDED YET, UM, HIS PROPERTY MANAGEMENT INFORMATION? OH, I DO NOT HAVE THAT IN HERE. SO, UM, WE DO NOT HAVE THAT. WE WILL GET, MAKE SURE TO GET THAT IF IT IS APPROVED, THAT'S A REQUIREMENT PRIOR TO ISSUING THE CERTIFICATE OF ZONING FOR ESTABLISHING THE USE AND GETTING THE TRANSIENT LODGING. SO THANK YOU. YEAH. ANY OTHER QUESTIONS, COMMENTS? SINCE HE WAS, UM, DOING THIS WITHOUT THE CONDITIONAL USE, DID HE GET A BUSINESS LICENSE? UH, HE WOULDN'T HAVE GOTTEN A BUSINESS LICENSE CUZ THEY PROBABLY WOULD'VE TOLD HIM HE NEEDED HIS CERTIFICATE OF ZONING AND IF HE WOULD'VE COME DOWN TO US WE WOULD'VE TOLD HIM HE NEEDED A CONDITIONAL USE PERMIT. SO. OKAY. UM, THE COMMISSIONER REVENUE [01:20:01] HAS EXPRESSED TO US THAT THEY CAN GO BACK THREE YEARS FOR ANY TRANSIENT LODGING, UH, THAT WAS UNPAID, UH, THROUGH A USE THAT WAS BEING OPERATED WITHOUT APPROPRIATE PERMITS. OKAY. SO CAN WE ADD THAT TO THE CONDITIONS? THAT'S A TAXATION ISSUE AND, AND THEY ENFORCE THAT THEY WOULD, UH, THE COMMISSIONER REVENUE WOULD ENFORCE THAT. HOW WE WOULD MAKE SURE THAT, HOW LONG WAS HE RUNNING THINGS? UH, I, I BELIEVE, WELL HE PURCHASED IT IN 2021 AND UM, LET'S SEE HERE. HE SAID HE HAD HAD BEEN DOING IT SINCE 2021 AND SO HE, UH, WE CITED HIM, IT WOULD'VE BEEN PRIOR TO DECEMBER OR AROUND NOVEMBER 20, UH, NOVEMBER, DECEMBER, 2022. SO YEAH, SO WHAT WE COULD DO, I MEAN WE COULD MAKE SURE THAT AS PART OF ISSUANCE OF THE CERTIFICATE OF ZONING, THAT THEY WERE NOTIFIED OF THAT THE COMMISSIONER REV WAS NOTIFIED THAT THEY, THAT HE WAS OPERATING PRIOR TO THIS AND THEY COULD, UH, ENFORCE AND LET THEM DO WHATEVER THEY CHOOSE TO DO WITH THEIR ENFORCEMENT METHOD. BUT AS LONG AS THEY'RE NOTIFIED I'D BE SATISFIED WITH THAT. OKAY. YEAH. WOULD YOU LIKE THAT AS A CONDITION? UH, YES. OKAY. HOW ABOUT COUNTY STAFF WILL NOTIFY THE COMMISSIONER REVENUE OF THE PRIOR, UH, USE AS A SHORT-TERM TOURIST RENTAL FROM FEBRUARY OF 2021? THANK YOU SIR. OKAY, ANY OTHER COMMENTS, QUESTIONS? DO WE HAVE A MOTION? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF DAVID BDIS FOR SHORT-TERM TOURIST RENTAL WITH THE CONDITIONS AND THE CONDITION ADDED NUMBER EIGHT AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THANK YOU. DO WE HAVE A SECOND? SECOND ROLL CALL PLEASE. MR. BUTLER? AYE. MRS. COLORS? AYE. MADAM CHAIR? AYE. MRS. OATS? AYE. MR. MABE? AYE. THANK YOU. [C5. Conditional Use Permit 2023-01-06, Nathan L. Phenicie for a Short-Term Tourist Rental located at 1264 Freezeland Road and identified on Tax Map 23I, Parcel 3 - Chase Lenz, Zoning Administrator] NEXT ITEM IS THE CONDITIONAL USE PERMIT. 2023 DASH OH ONE DASH OH SIX. NATHAN PNC, OH, I CAN'T PRONOUNCE THIS ONE. IT'S FEBA PEN. THANK YOU. THANK YOU FOR SHORT TERM SHORT TERM TOURS RENTAL LOCATED AT 1264 FRIESLAND ROAD AND IDENTIFY IT ON TAX MAP 20 FEET. 23 I PARCEL THREE. MR. LINZ. THANK YOU MADAM CHAIR. THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY PURCHASED IN MARCH OF 2020. THE OWNER WOULD LIKE TO MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING TO VISITORS OF THE WARREN COUNTY AREA WITH EXPERIENCED RUNNING PROFESSIONAL AND SHORT-TERM RENTALS. THE APPLICANT WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM LOCAL PROFESSIONAL SERVICES FOR TRASH REMOVAL, CLEANING, LANDSCAPING, AND MAINTENANCE. THIS PROPERTY WAS PREVIOUSLY ISSUED A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST IN JANUARY OF 2011. THE BED AND BREAKFAST WAS OPERATED BY THE PREVIOUS OWNER UNTIL SHE SH SOLD THE PROPERTY IN 2020 AT WHICH TIME THE CONDITIONAL USE PERMIT BECAME INACTIVE. THE CONDITIONAL USE PERMIT EXPIRED WHEN THE USE WAS NOT REESTABLISHED BY THE NEW OWNER WITHIN TWO YEARS AND THE DWELLING WAS CONSTRUCTED IN 2006. THERE IS A HEALTH DEPARTMENT PERMIT ON FILE APPROVING A MAXIMUM OF EIGHT OCCUPANTS FOR THE FIVE BEDROOM DWELLING. UM, THEY HAVE PROVIDED THEIR PROPERTY MANAGEMENT PLAN. THE PROPERTY IS NOT LOCATED IN A SUBDIVISION THAT IS GOVERNED BY AN HOA OR POA AND THE DWELLING DOES MEET THE SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS WITH THE CLOSEST DWELLING 453 FEET TO THE SOUTHWEST. UM, IT IS THE STANDARD RECOMMENDED CONDITIONS. NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED EIGHT AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATION PERMIT FOR A FIVE BEDROOM DWELLING. UM, THE PLANNING COMMISSION DID FORWARD THIS TO YOU ALL WITH THE UNANIMOUS RECOMMENDATION OF APPROVAL AND THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED. ADJACENT PROPERTY OWNER OWNER'S NOTIFIED AND THE APPLICANT IS HERE TODAY IF YOU HAVE ANY QUESTIONS. THANK YOU. THANK YOU VERY MUCH. PUBLIC HEARING IS NOW OPEN. MS. ROCKY, HAS ANYBODY SIGNED UP TO SPEAK? NO MA'AM. NO. THANK YOU. IS THERE ANYONE IN THE AUDIENCE LIKE TO COME UP AND SPEAK? SECOND REQUEST. FINAL CALL. PUBLIC HEARING IS NOW CLOSED. IS THERE ANY COMMENTS OR QUESTIONS FROM THE BOARD? NOPE. IF NOT, DO WE HAVE A MOTION? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF NATHAN L FEI FOR A SHORT-TERM TORRES RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THANK YOU. DO WE HAVE SECOND, SECOND, SECOND. ROLL CALL PLEASE. MR. MABE? AYE. MRS. OATS? AYE. MADAM CHAIR? AYE MRS. COLORS? AYE. MR. BUTLER? AYE. VERY GOOD, THANK YOU VERY MUCH. [C6. Conditional Use Permit 2023-01-07, Kari Meyer for a Short-Term Tourist Rental located at 121 Cheyenne Lane and identified on Tax Map 26A, Section 7A, Parcel 18A1 - Chase Lenz, Zoning Administrator] NEXT UM, ITEM IS THE CONDITIONAL USE PERMIT. 2023 DASH OH ONE DASH OH SEVEN [01:25:01] KERRY MEYER FOR SHORT TERM TURS RENTAL LOCATED AT 1 21 SH OH MY GOODNESS. CHEYENNE LANE AND IDENTIFIED ON TAX MAP 26 A SECTION SEVEN A PARCEL 18 A ONE. MR. LINZ, THANK YOU. THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT TERM TOURIST RENTAL FOR THE PROPERTY. SHE IS IN THE PROCESS OF PURCHASING. I WILL LET HER UPDATE YOU IF SHE'S FINISHED THAT PROCESS. THE OWNER AT THE TIME OF APPLICATION, BOBCAT BUILDERS LLC IS NEARING THE FINAL STAGES OF THE CONSTRUCTION OF THE SINGLE FAMILY DWELLING ON THE PROPERTY. THE APPLICANT INTENDS TO USE THE PROPERTY AS A SECOND HOME AWAY FROM THE HUSTLE AND BUSTLE OF WASHINGTON DC WHERE SHE PRIMARILY RESIDES. SHE WOULD LIKE TO MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING TO VISITORS OF THE WARREN COUNTY AREA AS AN EXPERIENCED SHORT-TERM RENTAL HOUSE. SHE WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM LOCAL PROFESSIONAL SERVICES FOR TRASH REMOVAL, CLEANING, LANDSCAPING, AND MAINTENANCE. UH, THIS PROPERTY IS LOCATED WITHIN THE THUNDERBIRD RANCH SUBDIVISION ZONED RESIDENTIAL ONE. UH, AND THERE IS A HEALTH DEPARTMENT PERMIT ON FILE FILE APP PROVING A MAXIMUM OF SIX OCCUPANTS FOR THE THREE BEDROOM DWELLING AND THE DWELLING DOES MEET THE SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS 100 FEET AND IT IS THE STANDARD RECOMMENDED CONDITIONS WITH CONDITION NUMBER TWO. THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED SIX AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATION PERMIT FOR A THREE BEDROOM DWELLING. UH, THE PLANNING COMMISSION ALSO FORWARDED THIS TO YOU WITH A UNANIMOUS RECOMMENDATION OF APPROVAL. THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED AND THE APPLICANT IS HERE TODAY IF YOU HAVE ANY QUESTIONS. THANK YOU. THANK YOU VERY MUCH. PUBLIC HEARING IS NOW OPEN. WOULD THE APPLICANT LIKE TO COME SPEAK? MY NAME IS KARI MEYER AND I HAVE PURCHASED THE PROPERTY SO I'M THE OWNER NOW. THAT'S THE ONLY UPDATE. . THANK YOU. DO WE HAVE ANYBODY SIGNED UP TO SPEAK? NO MA'AM. THANK YOU. ANYBODY IN THE AUDIENCE LIKE TO COME UP TO SPEAK? SECOND REQUEST. LAST CALL. PUBLIC HEARING IS NOW CLOSED. IS THERE ANY COMMENTS OR QUESTIONS FROM THE BOARD? IF NOT, DO WE HAVE A MOTION? I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF KARI MEER FOR A SHORT TERM TA RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THANK YOU. WE HAVE A SECOND. SECOND ROLL CALL PLEASE. MR. BUTLER. AYE MRS. COLORS? AYE. MADAME CHAIR? AYE. MRS. OATS? AYE. MR. MABE? AYE. THANK YOU. [C7. Conditional Use Permit 2023-01-08, Matthew Williams & Jay Gilbert for a Short-Term Tourist Rental located at 12 Far View Lane and identified on Tax Map 15A, Section 1, Block 3, Parcel 103A1 - Chase Lenz, Zoning Administrator] NEXT ITEM IS A CONDITIONAL USE PERMIT 2023 DASH OH ONE DASH OH EIGHT MATTHEW WILLIAMS AND JAY GILBERT FOR A SHORT-TERM TOURIST RENTAL LOCATED AT 12 FARVIEW LANE AND IDENTIFY ON TAX MAP 15 A SECTION ONE BLOCK THREE. PARCEL 1 0 3 A ONE. MR. LINZ. THANK YOU. THE APPLICANTS ARE REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY THEY PURCHASED IN DECEMBER OF LAST YEAR. THE OWNERS WOULD LIKE TO MAKE THEIR PROPERTY AVAILABLE FOR SHORT-TERM LODGING TO VISITORS OF THE WARREN COUNTY AREA, SEEKING TO EXPERIENCE THE LOCAL ATTRACTIONS, RESTAURANTS, AND HIKING TRAILS. THE APPLICANTS PLAN TO MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM LOCAL PROFESSIONAL SERVICES FOR CLEANING AND LANDSCAPING AND THE OWNERS DO HAVE FOUR SEPARATE PROPERTIES IN WARREN COUNTY APPROVED FOR CONDITIONAL USE PERMITS FOR SHORT-TERM TOURIST RENTALS. NO COMPLAINTS HAVE BEEN RECEIVED FOR THOSE PROPERTIES AND THEY ARE, THEY ARE LOCAL, UM, LOCATED IN THE FORT DISTRICT. UH, SO THIS PROPERTY IS LOCATED WITHIN THE BLUE MOUNTAIN SUBDIVISION ZONED RESIDENTIAL ONE. WE DID RECEIVE COMMENTS FROM THE BLUE MOUNTAIN POA BOARD OF DIRECTORS RECOMMENDING DISAPPROVAL OF THE APPLICATION REFERENCING CONCERNS RELATED TO THE LARGE NUMBER OF SHORT-TERM TOURIST RENTALS, CURRENTLY OPERATING IN THE BLUE MOUNTAIN SUBDIVISION AND OPERATION OF THE SHORT-TERM TOURIST RENTAL BY A CORPORATION RATHER THAN RESIDENTS. I KNOW THAT THE APPLICANT HAS HAD DISCUSSIONS WITH THE BOARD OF DIRECTORS SINCE THEN, SO I'LL LET HIM UPDATE YOU ON THAT. HE WAS ABLE TO EASE THEIR CONCERNS. UM, I'LL NOTE THE COMMENTS WERE RECEIVED FROM THE HEALTH DEPARTMENT, UM, CONFIRMING THERE ARE NO RECORDS ON FILE FOR THE SEWAGE DISPOSAL SYSTEM SERVICING THE PROPERTY. SO THE APPLICANT WILL WORK THROUGH THE HEALTH DEPARTMENT TO OBTAIN THE PROPER PERMITS FOR THE SYSTEM AND THE CERTIFICATE OF ZONING SHALL ONLY BE ISSUED WITH APPROVED HEALTH DEPARTMENT RECORDS. UM, THEY HAVE SUBMITTED THEIR PROPERTY MANAGEMENT PLAN AND THE DWELLING DOES MEET THE SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS WITH THE CLOSEST DWELLING. 210 FEET TO THE SOUTH IS THE STANDARD RECOMMENDED CONDITIONS WITH CONDITION NUMBER TWO. THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED THE SYSTEM CAPACITY AS DETERMINED BY THE HEALTH DEPARTMENT PERMIT PER WARREN COUNTY CODE SECTION 180 DASH 56.4 B. THE CERTIFICATE OF ZONING SHALL ONLY BE ISSUED WITH APPROVED HEALTH DEPARTMENT RECORDS. UM, THIS APPLICATION WAS ALSO FORWARDED TO YOU BY THE PLANNING COMMISSION WITH THE UNANIMOUS RECOMMENDATION OF APPROVAL AND THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED AND THE APPLICANT IS HERE IN THE BACK IF YOU HAVE ANY QUESTIONS. THANK YOU VERY MUCH. PUBLIC HEARING IS NOW OPEN. WOULD THE APPLICANT LIKE [01:30:01] TO COME UP AND SPEAK? SURE. UH, MY NAME IS MATTHEW WILLIAMS. I'M AT ONE 15 LONESOME FLATS ROAD IN FRONT ROYAL. UM, WE HAVE SPOKEN TO THE CHAIR OF THE BLUE, UH, MOUNTAIN PROPERTY OWNERS ASSOCIATION AND HAD PLANNED TO BE AT THEIR MARCH MEETING. THAT MEETING WAS CANCELED, UM, SO WE'RE GONNA BE MEETING WITH THEM IN APRIL. UM, BUT HOPEFULLY IN THE EMAIL EXCHANGE I'VE HAD WITH THEM, I WAS ABLE TO ASSUAGE SOME OF THEIR CONCERNS, UM, WITH THE PROPERTY AND, AND US MANAGING IT. UM, SECONDARILY, WE OF COURSE WILL GET THE SEPTIC SYSTEM APPROVED. WE'VE LEARNED THE HARD WAY THAT THAT IS A VERY EXPENSIVE ENDEAVOR, UM, AT ANOTHER ONE OF OUR PROPERTIES. SO FOLLOWING, UH, HOPEFULLY APPROVAL HERE, WE WILL IMMEDIATELY PUT THAT PROCESS INTO MOTION AS WELL. THANK YOU. THANK YOU VERY MUCH. DO WE HAVE ANYONE SIGNED UP TO SPEAK? NO MA'AM. THANK YOU. ANYONE IN THE AUDIENCE WOULD LIKE TO COME AND SPEAK? SECOND INVITATION. LAST AND FINAL CALL. PUBLIC HEARING IS NOW CLOSED. IS THERE ANY DISCUSSION OR QUESTIONS FROM THE BOARD? YEAH, I I I DO. PLEASE. YOU SAID THAT YOU HAD TALKED TO THE BOARD OF DIRECTORS, BOARD CHAIR. UH, CORRECT. OKAY. AND AND HE SAID WHAT? CUZ I DIDN'T HEAR YOU VERY WELL. OH, I APOLOGIZE. SHOULD I COME BACK UP? I APOLOGIZE FOR THAT, BUT I JUST DIDN'T HEAR YOU. WELL, I'M NOT GOOD AT THIS FLIPPING THING. UM, AND I APOLOGIZE FOR MUMBLING SOMETIMES THAT HAPPENS. UM, UH, WE HAD A, AN EMAIL EXCHANGE. UM, AFTER UM, I RECEIVED KIND OF NOTIFICATION THAT THEY HAD SOME CONCERNS. UM, HE INDICATED THAT FOLLOWING, UM, UH, MY ASSURANCE IS THAT WE WOULD MANAGE IT, UM, KEEPING NEIGHBORS IN MIND AND DOING WHAT'S BEST FOR THE COMMUNITY, THAT, THAT, UH, WOULD ASSUAGE SOME OR WOULD ELIMINATE SOME OF THE CONCERNS FROM THE BOARD. UH, I RECOGNIZE MY HOPE WAS TO FULLY MEET WITH THE BOARD AND POTENTIALLY ANYONE THAT HAD, UH, SPECIFIC CONCERNS, UM, THAT WAS SCHEDULED FOR MARCH 13TH. UM, THAT MEETING WAS CANCELED I THINK JUST DUE TO FOLKS NOT BEING ABLE TO ATTEND. UM, SO I PLAN TO BE THERE, UH, IN THE APRIL, UH, IN THE APRIL MEETING. OKAY. THANK YOU VERY MUCH. APPRECIATE IT. ANY OTHER QUESTIONS? NO. SO DO WE HAVE A MOTION APPROVED? I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF MATTHEW WILLIAMS AND JAY GILBERT FOR A SHORT-TERM JURORS RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THANK YOU. DO WE HAVE A SECOND? SECOND ROLL CALL PLEASE. MR. MABE? AYE. MRS. OATS? AYE. MADAM CHAIR? AYE MRS. COLORS? AYE. MR. BUTLER? AYE. THANK YOU VERY MUCH. UH, WE REMOVED ITEMS EIGHT AND NINE AND 10 OFF THE AGENDA. SO DO WE, DO I HAVE A MOTION FOR ADJOURNING THE MEETING? SO MOVED. THANK YOU. WE HAVE SECOND. SECOND. ALL IN FAVOR, PLEASE SAY AYE. AYE. THANK YOU EVERYONE FOR ATTENDING. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.