[00:00:01]
OKAY,[*This meeting was joined in progress*]
ALL THOSE IN FAVOR, PLEASE SAY AYE.OPPOSED? AYES HAVE IT TO BE FORWARDED ONTO THE BOARD OF SUPERVISORS FOR THEIR CONSIDERATION.
[VI.B. CUP2023-07-03 - Elizabeth (Beth) Waller - A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 88 Long Winding Road and identified on tax map 30 as lot 14A. The property is zoned Agricultural (A) and is located in the Happy Creek Magisterial District. - Chase Lenz, Zoning Administrator]
C U P 20 23 0 7 0 3 BETH WALLER REQUEST FOR A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL PROPERTY IS LOCATED AT 88.LONG WINDING ROAD IDENTIFIED ON TAX MAP 30 AS LOT 14.
A PROPERTY IS ZONED AGRICULTURAL LOCATED IN THE HAPPY CREEK MAGISTERIAL DISTRICT.
MR. LENS, AGAIN, THANK YOU MR. CHAIRMAN.
THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY.
SHE WAS GIFTED IN DECEMBER OF 2003.
THE OWNER WOULD LIKE TO MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR PEOPLE IN TRANSITION, SEEKING TEMPORARY HOUSING AND FOR ORGANIZATIONS IN THE AREA, BRINGING EMPLOYEES OR POTENTIAL EMPLOYEES TO THE AREA.
SHORT-TERM, THE APPLICANT INTENDS TO RENT OUT TO HER FINISHED BASEMENT WHILE RESIDING IN THE MAIN PORTION OF THE DWELLING INITIALLY AND MAY OPEN PORTIONS OF THE MAIN LEVELS OF THE DWELLING IN THE FUTURE TO SHORT-TERM RENTALS.
WITH OVER 20 YEARS OF EXPERIENCE AS A REALTOR IN WARREN COUNTY, THE OWNER WILL MANAGE THE PROPERTY PERSONALLY AND SINCE BREAKFAST WILL NOT BE SERVED A TRANSIENT GUEST.
THIS IS NOT CONSIDERED A BED AND BREAKFAST ESTABLISHMENT FOR THIS PROPERTY.
IT IS LOCATED JUST OFF OF JOHN MARSHALL ON A LONG, LONG WINDING ROAD.
UH, I BELIEVE MOST OF THE PROPERTIES SURROUNDING, AT LEAST TO THE SIDE AND FRONT ARE ACTUALLY HER FAMILY'S, UH, PROPERTIES.
UM, SO I HAVEN'T, I HAVEN'T HEARD ANY OPPOSITION AS YOU MIGHT IMAGINE.
UH, THERE IS A HEALTH DEPARTMENT OPERATION PERMIT FOR THE PROPERTY APPROVING A MAXIMUM OF EIGHT OCCUPANTS FOR THE FOUR BEDROOM DWELLING AND SHE HAS PROVIDED A PROPERTY MANAGEMENT PLAN, WHICH WAS INCLUDED IN YOUR PACKETS.
THE DWELLING DOES ALSO MEET THE SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS WITH THE CLOSEST DWELLING 273 FEET TO THE NORTHWEST.
NOW IT IS THE STANDARD CONDITIONS WE'RE RECOMMENDING NO CHANGES FROM THE THE FIRST ITEM TONIGHT.
UM, AND THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
ADJACENT PROPERTY OWNERS NOTIFIED.
DO NOT BELIEVE THE APPLICANT IS HERE THIS EVENING.
I THINK EVERYONE ELSE IS ACCOUNTED FOR FOR TO SECOND
UH, IF YOU HAVE ANY QUESTIONS, I'LL BE MY BACK.
SEEING THE APPLICANT ISN'T HERE, WE'LL OPEN THE PUBLIC HEARING.
HAS ANYONE SIGNED UP TO SPEAK? NO, SIR.
HAS ANYONE CARE TO SPEAK? THE PUBLIC HEARING IS CLOSED.
PLEASE MOVE THAT THE PLANNING COMMISSION FORWARD THIS APPLICATION TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION TO APPROVE THE CONDITIONAL USE PERMIT REQUEST OF ELIZABETH WALLER FOR SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY STAFF.
IS THERE A SECOND? I'LL SECOND.
ALL THOSE IN FAVOR PLEASE SAY AYE.
THEY'LL BE FORWARDED ONTO THE BOARD OF SUPERVISORS.
THAT'S IT FOR OUR PUBLIC HEARINGS.
[VII.A. R2023-07-01 - Slate Run Farm, LLC_Rezoning - A request to amend the Warren County Zoning Map and rezone approximately 448.21 + / - acres from Agricultural (A) to Industrial (I) and Commercial (C). The property, identified on tax map 12 as lot 9, requested to be rezoned from Agricultural (A) to Commercial (C) is 4.47 acres. The properties identified on tax map 12 as lot 6 and on tax map 4 as lot 41 requested to be rezoned from Agricultural (A) to Industrial (I) are 443.74 + / - acres. The properties are located off Winchester Road in the North River Magisterial District. - Matt Wendling, Planning Director]
IS NEW BUSINESS AUTHORIZATION TO ADVERTISE R 20 23 0 7 0 1 SLATE.RUN FARM L L C REZONING REQUEST TO AMEND THE WARREN COUNTY ZONING RAMP AND REZONE APPROXIMATELY 448.21 PLUS OR MINUS ACRES FROM AGRICULTURAL TO INDUSTRIAL.
AND COMMERCIAL PROPERTY IS LOCATED ON TAX MAP 12 IS LOT NINE REQUESTED TO BE REZONED FROM AGRICULTURAL TO COMMERCIAL IS 4.47 ACRES.
THE PROPERTIES IDENTIFIED ON TAX MAP 12 AS LOT SIX ON TAX MAP FOUR AS LOT 41 REQUESTED TO BE REZONED FROM AGRICULTURAL TO INDUSTRIAL OR 443.74 PLUS OR MINUS ACRES.
THE PROPERTIES ARE LOCATED OFF WINCHESTER ROAD AND NORTH RIVER MAGISTERIAL DISTRICT.
UH, GOOD EVENING MR. CHAIRMAN.
MEMBERS OF THE PLANNING COMMISSION, UH, THE APPLICANT ARE PROPOSING FOUR LAND BASE, WHICH ARE, WILL BE PHASED IN FOR INDUSTRIAL DEVELOPMENT WITH A TOTAL OF TWO 2,500,000 SQUARE FEET.
THE COMMERCIAL PROPERTY WILL HAVE 25,000 SQUARE FEET FOR COMMERCIAL LAND USES.
UM, THIS APPLICATION DOES NOT HAVE A SPECIFIC LAND USE IDENTIFIED, BUT THE APPLICANT PLANS TO MARKET IT FOR WAREHOUSING DUE TO ITS PROXIMITY TO VIRGINIA AND INLAND PORT.
WAREHOUSING AND DISTRIBUTION FACILITIES ARE LAND USE ALLOWED BY RIGHT IN THE INDUSTRIAL ZONING DISTRICT AND IT IS COMPATIBLE WITH THE WARREN COUNTY ZONING ORDINANCE.
THE FUTURE LAND MAP IN THE COMPREHENSIVE PLAN IDENTIFIES THIS AREA BE USED FOR INDUSTRIAL LAND USES AND ZONED INDUSTRIAL.
THE REQUEST CURRENTLY IS COMPATIBLE WITH A FUTURE LAND USE MAP OF A COMPREHENSIVE PLAN.
SINCE THIS PROPERTY IS SHOWN TO BE INDUSTRIAL, INDUSTRIAL DISTRICTS ARE INTENDED, UH, FOR A VARIETY OF INDUSTRIAL USES, WHICH WITH APPROPRIATE SCREENING AND WITHOUT THE EMISSION OF NOISE, DUST, SMOKE, ODOR, TOXIC GASES OR HAZARDOUS SUBSTANCES CAN BE CONDUCTED IN SUCH A MANNER AS TO NOT ADVERSELY AFFECT NEARBY PROPERTIES.
UH, THE APPLICANTS HAVE SUBMITTED A PROFFER STATEMENT, UM, WHICH, UM, IN PART STATES THAT TOTAL MAXIMUM
[00:05:01]
GROSS FLOOR AREA TO BE 2,500,000 SQUARE FEET FOR ALL OF THE 4443.74 ACRES AND A MAXIMUM GROSS FLOOR AREA OF 25,000 SQUARE FEET.IN THE COMMERCIAL 4.47 ACRE PARCEL, THEY HAVE PROFFERED OUT TWO LAND USES FOR AUTOMOBILE GRAVEYARD AND JUNKYARD BULK STORAGE OF GASOLINE, PETROLEUM PRODUCTS OR NATURAL GAS PRODUCTS.
THE PROFFERS ALSO STATE DEVELOPMENT OF THE PROPERTY IS TO BE LIMITED TO THE REZONING SITE PLAN PREPARED BY GREENWAY ENGINEERING DATED JUNE 19TH, 2023, SHOWING THE FOUR LAND BASE WITH INTERCONNECTOR ROADS.
THE SITE PLAN IS WOULD BE SUBJECT TO SOME REASONABLE ADJUSTMENTS, UH, PROVIDED SET ADJUSTMENTS DON'T ELIMINATE RELOCATE OR SUBSTANTIALLY ALTER LAND USES DESCRIBED IN THE PROPER SECTION.
ALSO, THE PROFFERS WILL ALSO ADDRESS TRANSPORTATION IMPROVEMENTS FOR SIGNALIZATION OF TORAY DRIVE AND WINCHESTER ROAD AND INCLUDE AN INSTALLATION OF A RIGHT TURN LANE INTO THE SUBJECT PROPERTIES FROM THE INTERSECTION.
IT GOES ON TO STATE THAT THE UPGRADED SIGNAL AND INTERSECTION IMPROVEMENTS SHALL BE INSTALLED PRIOR TO ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY FOR THE PROPERTY PLANNING STAFF HAS SUBMITTED A LIST OF OUTSTANDING ISSUES, COMMENTS AND CONCERNS IN THE STAFF REPORT AND THE AGENCY COMMENTS HAVE BEEN PROVIDED.
UH, THE APPLICANTS ARE HERE THIS EVENING.
MR. RAYMOND HEFLIN AND STEVEN WALLER ARE THE APPLICANTS AND THEIR ENGINEER FROM GREENWAY ENGINEERING, MARISSA WHITAKER IS HERE AND SHE'D LIKE TO PRESENT, UH, SOME ADDITIONAL INFORMATION, UM, REGARDING, UH, THE, THE APPLICATION AND THE RECENT T I A THAT WAS SUBMITTED FOR THE, UH, PROJECT ITSELF.
UM, AND THIS IS JUST A AUTHORIZATION ADVERTISED, SO THAT'S ALL.
GOOD EVENING, MR. CHAIR, MEMBERS OF THE PLANNING COMMISSION.
I'M MARISSA WHITAKER WITH GREENWAY ENGINEERING AND I'M REPRESENTING OUR APPLICANT'S FOR STATE RUN SLATE RUN FARM L L C.
UM, THANK YOU FOR GIVING ME A GOOD, NICE OVERVIEW OF THE PROPERTY.
UM, JUST A COUPLE OF ITEMS THAT I REALLY WANTED TO BRING UP THAT MATT DID NOT WAS, YOU KNOW, WE ARE WITHIN THE COMPREHENSIVE PLAN.
UM, WE ARE IN THE CEDARVILLE ENTERPRISE ZONE AND PARTIALLY IN THE HIGHWAY CORRIDOR OVERLAY DISTRICT.
THESE WILL BE FOUR LAND BAYS OF INDUSTRIAL AND THEN THE ONE PROPERTY THAT IS COMMERCIAL.
WE'RE EXPECTING THIS TO, YOU KNOW, TAKE 10 OR MORE YEARS TO BUILD OUT.
IS THIS NOT GONNA BE AN IMMEDIATE, UM, BUILD OUT FOR THE, FOR THIS LAKE ACREAGE? UM, WE WILL HAVE, UH, WE HAVE A RESOLUTION FROM THE TOWN OF FRONT ROYAL THAT WILL GO AHEAD AND PROVIDE WATER AND SEWER TO THE PROPERTY.
WE ALSO WANTED TO MENTION THAT WE ARE GOING TO BE PROVIDING AN ENHANCED BUFFER ALONG THE BLUE RED SHADOWS PROPERTY ALONG THE RESIDENTIAL PORTION SO THAT THERE'S NO ISSUES WITH SOUND IN, IN VISUAL.
UM, AND THEN JUST WITH THE PROFFERS, YOU KNOW, WE HAVE OUR CURRENT PROFFERS, WE PLAN ON CHANGING THEM NOW THAT WE HAVE THE TRANSPORTATION STUDY TO ADDRESS TRANSPORTATION ITEMS THAT WILL BE TRIGGERED THROUGHOUT THE DEVELOPMENT.
AND WE HAVE, UM, OUR EMERGENCY ACCESS IDENTIFIED ON THE MAP.
WE HAVE AN INTER PARCEL ACCESS IDENTIFIED ON THE MAP AND WE HAVE OUR MAIN ENTRANCE AND THEN THE SECOND ENTRANCE AS CONSTRUCTION PROGRESSES THROUGHOUT THE LAND BASE.
UM, IF THERE'S ANYTHING ELSE, PLEASE LET ME KNOW.
YOU DON'T HAVE ANY QUESTIONS FOR HER, FOR YOU? I DO, YES.
OH, THE BUFFER AGAINST, UH, THE BLUE RED SHADOWS MM-HMM.
WE PLAN ON ANYTHING BEYOND THE GOLF COURSE WHERE THE RESIDENTIAL IS LOCATED, JUST PROVIDING ADDITIONAL SO THAT WE'RE THINKING MORE LIKE A 50 FOOT BUFFER IN THAT AREA SO THAT THERE, IT DOES REDUCE THE SOUND, IT WILL REDUCE THE VISUALIZATION OF THE ROADWAY.
WE'VE CONSTRUCT, OR WE'RE PLANNING TO CONSTRUCT THE ROADWAY SO THAT IT'S STOPS RIGHT PAST THE GOLF COURSE TO TURN UP TO THE LAND BASE SO THAT THERE SHOULD NOT BE A GREAT EFFECT ON THE RESIDENTIAL PORTION OF THE PROPERTY.
SO YOU'RE, YOU'RE GONNA DO THE BUFFER WITH SEPARATION, MORE SEPARATION BASIS? MM-HMM.
[00:10:01]
WELL THAT'S GREAT.YES, WE WERE TAKING THAT INTO GREAT CONSIDERATION BECAUSE WE DO UNDERSTAND THAT IS RESIDENTIAL AND IS INDUSTRIAL GOING RIGHT NEXT TO IT.
ALRIGHT, ANYTHING ELSE? OKAY, THANK YOU.
IF SOMETHING COMES UP, WE'LL CALL.
I'LL JUST MENTION TOO, AND, AND THERE IS, UH, CURRENTLY INFRASTRUCTURE FOR A, A GAS PIPELINE THAT GOES THROUGH PORTIONS OF THIS.
SO THEIR PLAN AND THEIR, YOU KNOW, FUTURE PLANS WOULD HAVE TO DESIGN AROUND THAT WITH SUFFICIENT BUFFERING AND SETBACK FROM THOSE, THAT CURRENT INFRASTRUCTURE THAT EXISTS.
SO, UH, AND THAT PRETTY MUCH BISECTS, UH, LAND BAY ONE AND LAND BAY TWO.
UM, SO JUST WANTED TO MENTION THAT THERE, YOU KNOW, THERE, THERE, THERE ARE SOME CHALLENGES, BUT NOT QUITE MAYBE AS MANY AS WE'VE SEEN IN SOME OF THE OTHER PROPERTIES IN THE CORRIDOR.
WHAT'S SO, I MEAN, IT'S IN OUR LONG-TERM COMPREHENSIVE PLAN AND THAT'S EXACTLY THE KIND OF DEVELOPMENT WE NEED TO, UH, MAINTAIN OUR TAX BASE.
SO, UM, I'M, I'LL BE VERY EXCITED FOR IT.
WELL, BEFORE WE VOTE, I JUST WANT TO DISCLOSE, I DO LIVE IN BLUE RIDGE SHADOWS AND CURRENTLY THE SITTING PRESIDENT OF THE HOMEOWNERS ASSOCIATION PLUS MY PROPERTY DIRECTLY BACKS UP TO THE EMERGENCY EXIT OR THE EMERGENCY EXIT THEY HAVE.
I DO NOT HAVE ANY INTEREST IN THE PROPERTY AS FAR AS FINANCIALLY EITHER AS A CONTRACTOR OR ANY SHAPE OR FORM.
SO JUST WANNA MAKE THAT CLEAR.
PUT THAT, WE'LL ENTERTAIN A MOTION TO ADVERTISE.
YEAH, I MOVE THAT THE UH, RIGHT THING, MY DAMN SCREEN WENT OFF.
IT SAYS BOARD OF SUPERVISOR, BUT IT MEANS PLANNING COMMISSION.
SORRY ABOUT, I MOVED THAT THE PLANNING COMMISSION AUTHORIZED THE RES RESIGNING APPLICATION FOR ADVERTISEMENT FOR A PUBLIC HEARING.
ALRIGHT, ALL THOSE IN FAVOR PLEASE SAY AYE.
OPPOSED AYES HAVE IT BE ADVERTISING THIS ONE.
[VII.B. Z2023-08-01 - Application of Regulations - Warren County Planning Staff - A request to amend Chapter 180 of the Warren County Code to amend §180-6 (Application of Regulations) to add as subsection E "Properties owned by the County of Warren, Virginia or the Board of Supervisors of the County of Warren, Virginia shall not be subject to the ordinances, regulations and requirements set forth in this chapter" as recommended by the County Attorney. - Chase Lenz, Zoning Administrator]
BUSINESS Z 20 23 0 8 0 1 APPLICATION OF REGULATIONS, WARREN COUNTY PLANNING STAFF THE REQUEST TO AMEND CHAPTER 180 OF WARREN COUNTY CODE AND AMEND SECTION 180 DASH SIX APPLICATION OF REGULATIONS TO ADD AS SUBSECTION E PROPERTIES OWNED BY COUNTY OF WARREN, VIRGINIA OR THE BORDER SUPERVISORS OF THE COUNTY WARNED VIRGINIA SHALL NOT BE SUBJECT TO THE ORDINANCES, REGULATIONS AND REQUIREMENTS SET FORTH IN THIS CHAPTER AS RECOMMENDED BY COUNTY ATTORNEY MR.UH, MY COMPUTER RESTARTED SO I'M GONNA HAVE TO WING IT HERE AND IT'S 7% THERE FOR MORE THAN SEVEN MINUTES.
UM, SO AS FAR AS THIS TEXT AMENDMENT GOES, THIS WAS AT THE RECOMMENDATION OF THE COUNTY ATTORNEY, THAT'S MR. HAM.
UM, SO BASICALLY WITH THE SHENANDOAH FARMS FIRE STATION THAT YOU HAD HEARD A COUPLE MONTHS AGO NOW MM-HMM.
UM, SO HE FOLLOWED UP WITH THE RECOMMENDATION THAT WE MOVE FORWARD WITH THE TEXT AMENDMENT TO THE APPLIC APPLICATION OF REGULATIONS SECTION, ESSENTIALLY STATING THAT THE PROPERTY'S OWNED BY WARREN COUNTY OR THE BOARD OF SUPERVISORS OF WARREN COUNTY ARE NOT SUBJECT TO THE ORDINANCE AND IT'S A MATTER OF BEING ABLE TO ENFORCE IT.
WE WOULDN'T BE ABLE TO ON OUR OWN PROPERTIES.
UM, OTHER THAN THAT, LIKE I SAID, WE'RE JUST KIND OF MOVING IT FORWARD AT THE COUNTY ATTORNEY'S RECOMMENDATION.
UH, I'LL DO MY BEST IF YOU HAVE ANY QUESTIONS.
IF THE COUNTY IS NOT, THERE'S NO OVERSIGHT OF THE COUNTY ON ANY OF THEIR DEVELOPMENTS, WHAT IS THE, WHERE'S THE RIGHT AND LEFT LIMIT ON THAT? YEAH, SO I'LL ALWAYS NOTE THAT, UM, YOU KNOW, IT IS JUST THE WARREN COUNTY ZONING ORDINANCE THAT THIS EXEMPTS IT FROM.
IF THERE'S A NOTE THERE ARE CHANGE OF STATE, UH, REQUIREMENT, YOU KNOW, WE'RE STILL SUBJECT TO THAT.
UM, I THINK IT'S MOSTLY A MATTER OF, UM, YOU KNOW, WE, IF WE WERE TO NOT FOLLOW SOME SORT OF ORDINANCE, THERE'S NO WAY TO ENFORCE US OR TO MAKE THE COUNTY FOLLOW IT.
UM, YOU KNOW, IT'S SOLELY THE ZONING ADMINISTRATOR THAT CAN ENFORCE THIS ORDINANCE
[00:15:01]
AND, YOU KNOW, I'M NOT, I'M NOT GONNA ENFORCE THE ORDINANCE ON OUR OWN PROPERTY.WHAT, I'M SORRY, YOU GO AHEAD.
CAN I JUST ADD, CAN I JUST ADD TO WHAT CHASE IS SAYING? THIS DOES NOT APPLY TO STATE REGULATIONS.
SO YOUR BUILDING CODE, RE REGULATIONS, YOUR STORM WATER, YOUR E N SS, THOSE WERE, THOSE ARE GONNA BE ALL APPLICABLE.
ANY STATE REGULATION IS GONNA BE APPLICABLE OR NOT OVERRIDING THOSE.
SO HOW ABOUT, HOW ABOUT OUR COUNTY SETBACKS? JUST A SETBACK OFF THE STREET FOR WHAT WE WOULD APPLY TO ANY OTHER COMMERCIAL BUILDING.
IF WE BUILD A FIRE DEPARTMENT, COUNTY JUST CAN PUT IT WHERE THEY WANT TO AND THEY DON'T HAVE TO FOLLOW THAT ORDINANCE IS WHAT THIS SAYS.
UH, WHAT WE WOULD RECOMMEND IS THAT WE COMPLY WITH, YOU KNOW, WHEN WE HAVE A SITE PLAN, WE'LL LOOK AT THAT SITE PLAN AND HOW COME THIS COME UP NOW AND WE'VE BUILT, I DON'T KNOW HOW MANY BUILDINGS IN THE COUNTY.
AND, UM, UH, THE REASON THIS CAME UP OR IS COMING UP NOW IS BECAUSE AS CHASE MENTIONED, THERE WAS THE C U P THAT THE FIRE AND RESCUE HAD TO BRING BEFORE THE BOARD TO GO THROUGH THE PROCESS OF GETTING THE C U P.
UM, BUT AGAIN, BECAUSE WE ARE WITH OUR ZONING ORDINANCE, THE COUNTY ENFORCES ITS OWN ZONING ORDINANCE.
SO JUST AS A MATTER OF LOGISTICS, WHAT HAPPENS IF SOMEBODY VIOLATES THEM IS CHASE WILL ISSUE A NOTICE OF VIOLATION AND THEN IF THEY FAIL TO COMPLY, THEN HE WOULD FILE A SUMMONS AND I WOULD PROSECUTE IT IN COURT.
WE'RE NOT GONNA DO THAT FOR IT, IT'S JUST THAT THE COUNTY CAN'T SUE ITSELF IF THAT, THAT MAKES SENSE.
ADDITIONALLY, WITH THE C U P, IT REQUIRED THE FIRE AND RESCUE TO GO THROUGH THE, THE C U P PROCESS WITHOUT THE RECOMMENDATION OR WITHOUT THE RESTRICTIONS THAT WE WOULD NORMALLY PUT ON A C U P.
LIKE MATT WAS SAYING, ANYTIME WE BUILD SOMETHING LIKE THE FIREHOUSE, THEY STILL HAVE TO WORK WITH VDOT, THEY STILL HAVE TO MEET ALL BUILDING CODES.
THIS IS ONLY APPLYING TO CHAPTER 180, WHICH IS OUR ZONING ORDINANCE.
BUT THAT IS WHY IT'S COMING UP NOW IS BECAUSE WE JUST WENT THROUGH THAT PROCESS.
IF YOU REMEMBER, I THINK IT WAS BEFORE YOU GUYS JUST A COUPLE OF MONTHS AGO, WHAT'D THEY DO WITH THE RIVERMONT FIRE? HOW, HOW DID THAT GO THROUGH? AND IT WAS NOT COME UP THEN THAT WAS NEVER CAME UP DURING THAT TIME PERIOD WAS STANDARD.
SOUNDS LIKE WE NEED A DIFFERENT ATTORNEY STANDARD CONDITIONAL USE PERMIT AND WE HAD CONDITIONS AND SO I DON'T BELIEVE THAT.
WELL, THAT WAS BEFORE ME OR MR. HAM WERE HERE.
SO, UM, I WILL SAY THAT I THINK ADMINISTRATIVELY WE WOULD DEFINITELY USE OUR ZONING ORDINANCE AS A GUIDE FOR THE SETBACKS.
I THINK I'D HAVE TO SEE THAT IN WRITING BEFORE I COULD SUPPORT THIS.
RIGHT NOW WE'RE JUST ADVERTISING FOR A HEARING.
WELL I, YOU KNOW, GOING FORWARD I'D BE CURIOUS WHAT THE PUBLIC SAYS IF THEY COME IN FOR IT, BUT, AND TO CLICK TO, AND I AM SORRY MR. HENRY, I DIDN'T MEAN TO INTERRUPT YOU TO CLARIFY.
IT IS TO, IT IS A POLICY DECISION FOR THE PLANNING COMMISSION TO MAKE A RECOMMENDATION TO THE BOARD WHO WILL ULTIMATELY DECIDE, BECAUSE AS OF RIGHT NOW, OUR CODE IS NOT REALLY CLEAR AND THIS IS JUST A WAY TO CLARIFY THAT.
SO IF, IF THE COUNTY WERE TO VIOLATE, UM, A ZONING ORDINANCE CURRENTLY, WHAT, WHAT WOULD HAPPEN? I MEAN, IS THERE ANY RECOURSE THAT CITIZENS COULD, UH, BRING FORWARD A SUIT? I MEAN 'CAUSE IF THE, IF THE COUNTY, YEAH, I MEAN IF THE COUNTY GOES AND BUILDS ON THE ROAD AND THERE SHOULD BE A HUNDRED FOOT SETBACK, DO YOU WANT ME TO NAME ONE? YOU DON'T WANT ME TO DO THAT, DO YOU? IT'S HARD FOR ME TO SAY WITHOUT KNOWING WHAT YOU'RE GONNA NAME, BUT, UM, PROBABLY, BUT YES, THERE ARE OTHER MEANS OF ENFORCING THE COUNTY, BUT AGAIN, THE COUNTY DOES THE COUNTY, IT'S NOT IN THE COUNTY'S BEST INTEREST TO IGNORE OUR ZONING.
THIS IS MORE LIKE WITH THE, THE C E P.
WE ARE, THE COUNTY EXISTS TO SERVE OUR CITIZENS AND TO PROVIDE SERVICES FOR OUR CITIZENS.
AND WE WANT TO DO THAT THE MOST EFFICIENTLY AND ECONOMICALLY WAY THAT, THAT WE CAN, AND THIS WAS A REC, THIS WAS A RECOMMENDATION OF, TO MAKE THAT CLEAR SO WE DON'T HAVE TO GO THROUGH THE C U P PROCESS.
UM, BUT AGAIN, THAT'S WHERE THE, THE COUNTY IS NOT GONNA BENEFIT THE COUNTY TO, YOU KNOW, TO BUILD SOMETHING ON THE ROAD IF RIGHT.
BUT WE ALSO HAVE IN PLACE ZONING ORDINANCES BECAUSE THESE ARE WHAT WE FEEL ARE, UM, IN THE BEST INTEREST OF COUNTY RESIDENTS.
AND SO TO ME THIS IS A, A BLANKET STATEMENT THAT THE COUNTY, WHEN THEY BILL CAN DO WHATEVER THEY WANT.
AND THERE IS, I I WOULD, I, YOU KNOW, AS FAR AS THE SETBACKS CONCERNED, IF THEY COME IN AND DO A BUILDING STAFF OR THE, SOMEBODY WOULD, IT WOULD BE NO PUBLIC HEARING FOR IT.
[00:20:01]
YEAH.AND, AND I UNDERSTAND THAT THE ETHICALLY THE COUNTY CAN'T POLICE ITSELF IS, IS KIND OF WHERE YOU'RE IN TROUBLE WITH THIS LAW WISE.
YOU KNOW, YOU CAN'T ENFORCE, I I WOULDN'T SAY ETHICALLY, I WOULD SAY IT'S MORE LOGISTICALLY.
BUT WE, WE GOTTA HAVE A DIFFERENT LANGUAGE THAT SAYS THAT THE COUNTY WILL FOLLOW THE SETBACK RULES OR, YOU KNOW, THEY SHOULD STILL HAVE TO COME, YOU KNOW, COUNTY WANTS TO BUILD A BUILDING AND, AND I GET IT, 99.9% OF THE TIME UNDER GOOD FAITH, IT'S GONNA BE DONE LIKE THAT.
BUT YOU PUT THIS STUFF IN 10, 15 YEARS FROM NOW, SOMEBODY, THE COUNTY DECIDES, HEY, LET'S PUT THIS BUILDING HERE 'CAUSE IT SEEMED LIKE A GOOD IDEA.
AND THEN THE GUY NEXT DOOR GOES TO PUT THE SAME BUILDING AT THE SAME SETBACK ON ADJOINING PROPERTY AND YOU TELL HIM, OH, YOU'RE SIX FEET TOO CLOSE TO THE ROAD, IT CAN'T GO THERE.
AND THEN, THEN IT'S COMPLETELY UNFAIR.
AND THEN IT SHOULD BE A LAWSUIT, YOU KNOW, WHERE IF THE PUBLIC HEARING COME IN HAD PUBLIC INPUT AND THE BOARD VOTED ON IT AND THE PUBLIC WAS AWARE OF IT, THEN I THINK IT WOULD BE MORE FAIR.
I I THINK MR. HAM'S GONNA HAVE TO DO SOMETHING BETTER THAN THIS OR I CAN'T SUPPORT IT.
I CAN'T SPEAK FOR EVERYBODY OR THE BOARD.
I THINK THIS IS, UH, TOO BROAD.
I THINK IF THERE ARE SPECIFIC THINGS THAT, UM, WE WANNA SAY ARE EXEMPT FOR THE COUNTY, UH, THAT CAME UP WITH THE FIRE DEPARTMENT, THEN WE SHOULD LOOK AT THOSE.
UH, AND NOT A BLANKET STATEMENT THAT THE ZONING ORDINANCE DOESN'T APPLY, BUT WE CAN STILL ADVERTISING, WE CAN STILL ADVERTISE FOR PUBLIC STILL AUTHOR, SAY THIS IS NOT TO APPROVE IT, THIS IS JUST TO ADVERTISE.
WELL, I, I UNDERSTAND, BUT WOULDN'T IT BE, I GUESS I, I'D BE IN FAVOR OF SENDING IT BACK TO STAFF TO REWORK, RECONSIDER THE TEXT BACK TO GO BACK TO LEGAL, WOULDN'T IT? YEAH.
BUT, BUT RIGHT NOW WE CAN ADVERTISE AND THEN WE GIVE HIM A MONTH TO GET IT READY BEFORE HE BRINGS IT TO US BECAUSE WE'RE NOT, THEY CAN DO ON THE ORDINANCE, WE'RE VOTING ON THE AUTHORIZATION TO ADVERTISE.
WE, WE CAN STILL ADVERTISE AND STILL SEND IT BACK.
BUT I GUESS I'M SAYING A LOGISTICS QUESTION.
WHEN THIS GOES TO ADVERTISE, DON'T WE MAKE PUBLIC WHAT IS, AS PART OF THE ADVERTISEMENT IS NOT THE, THE TEXT AMENDMENT PART OF THAT ADVERTISEMENT, AND IF WE THEN SUBSTANTIALLY CHANGE IT, YOU CHANGE IT TOO MUCH.
IF YOU CHANGE IT TOO MUCH, IT COULD REQUIRE RE ADVERTISEMENT.
UM, AND THAT'S, THAT'S A GOOD POINT IN THE AD BECAUSE, BECAUSE THIS IS SUCH A SHORT ORDINANCE, TYPICALLY IN A CASE OF AN AD, LIKE, YOU KNOW, WE WOULD PROBABLY PUT THE VERBATIM LANGUAGE THAT THEY HAD HERE UNLESS WE JUST REFERENCE THE CODE SECTION.
UM, AND AGAIN, I WOULD JUST TAKE LEGAL GUIDANCE, YOU KNOW, ON THAT ONE.
BUT TYPICALLY FOR SOMETHING LIKE THIS WITH SUCH A SHORT BIT OF TEXT, WE MAY, YOU KNOW, ADD THE VERBATIM LANGUAGE.
SO, UM, YOU KNOW, SO THAT, YOU KNOW, THAT'S SOMETHING TO THINK ABOUT IF YOU DEFINITELY WANT THE LANGUAGE REVISED IN SOME WAY OR, OR ANOTHER, MAYBE NOW'S THE TIME TO DO IT BEFORE THE COUNTY SPENDS THE MONEY ON, ON THE AD ITSELF AND, AND WHATNOT.
AGAIN, I'M JUST, YOU KNOW, OR WE COULD DO THE AD AS FOR, YOU KNOW, HAVE IT IN THERE AND THEN MAKE MODIFICATIONS, ADD IT AT THE PUBLIC HEARING.
I COULD DO THE PUBLIC HEARING.
UM, AND, AND WE'D BE WILLING, DEFINITELY WILLING TO DO THAT TOO.
I MEAN THAT'S, YOU KNOW, I, I DON'T THINK THIS IS A CASE OF IT BEING MORE OR LESS RESTRICTIVE.
I THINK IT'S JUST MORE OR LESS ACCURATE AS TO WHAT THE INTENT OF, YOU KNOW, OF MR. HAM WAS IN, IN PUTTING FORTH THIS ORDINANCE.
SO WE DEFINITELY WOULD WORK WITH HIM ON, ON REFINING IT AS BEST WE COULD.
I LOOK AT THIS AS A LOT, QUITE A BIT OF OVERAGE IN READING IT THAT WE'RE, YOU'RE EXEMPTING YOURSELVES FROM CODE.
SO THAT'S, THAT'S WHERE I HAVE AN ISSUE WITH IT.
DESPITE, YOU KNOW, YOU'RE NOT, YOU'RE GONNA FOLLOW CODE AS YOU SAID IN THE PLANNING OF IT.
SO IF YOU'RE GONNA TO DO THAT, WHY EXEMPT YOURSELF FROM THE CODE, AND THAT'S THE BENEFIT OF HAVING A PLANNING COMMISSION AS AN ADVISORY BODY
I WOULD, I WOULD SAY IT SHOULDN BE NAMED, UNLESS IT'S SOME REALLY MAGIC HAPPENS, I'M PROBABLY NOT GONNA SUPPORT IT, PERIOD.
BUT I, YOU KNOW, IT, IT TAKES THREE PEOPLE.
WE GOTTA HAVE THE PUBLIC HEARING TO DO THAT.
AS LONG AS IT, AS LONG AS IT'S NOT A LEGAL ISSUE, WE CAN STILL GO AND DO THE AUTHORIZATION.
YEAH, WE CAN DO THE AUTHORIZATION THEN WE GOT A MONTH AFTER IT COMES OUT AND I'LL TO THINK ABOUT IT AND THEN, AND THEN THEY, IT, IT'S PRETTY OBVIOUS IT'S NOT GONNA BE SUPPORTED.
SO STAFF WOULD KNOW TO REACH BACK TO MR. HAND.
SO I, I GUESS JUST MY CONCERN THEN OF THE, THE ADVERTISEMENT AND IF WE ARE THEN VOTING ON SOMETHING SUBSTANTIALLY
[00:25:01]
DIFFERENT, I THINK WE'RE OKAY TO, WOULD WE BE OKAY LEGALLY TO AMEND IT THAT MUCH AT PUBLIC HEARING IF WE DO CHANGE IT OR YOU THINK WE SHOULD JUST SCRAP IT AND WAIT FROM A LEGAL STANDPOINT? WELL, THE VOTE THAT THE PLANNING COMMISSION IS GONNA MAKE WILL BE AN ADVISORY.UH, I THINK THE RECOMMENDATION WOULD BE RECOMMEND DENIAL AS IS.
UM, THERE CAN ALWAYS BE DISCUSSION BEFORE THE PLANNING COMMISSION.
YOU DO, YOU DO HAVE TO BE CAREFUL BECAUSE IF YOU, IT, IT REALLY DEPENDS ON WHAT YOU ADD.
YOU CAN'T MAKE SOMETHING MORE RESTRICTIVE THAN WHAT WAS ADVERTISED.
UM, IT'S HARD FOR ME TO TELL YOU SPECIFICALLY WITHOUT KNOWING EXACTLY WHAT YOUR RECOMMENDATIONS WOULD WOULD BE, IF THAT MAKES SENSE.
UM, SO KEEP THOSE, IF WE DENY THIS AND IT DELAYS AT ONE MONTH, THERE'S NOTHING IN THE PIPELINE THAT THIS IS GOING TO AFFECT.
WE'VE NOT, WE, WE DON'T HAVE ANYTHING RELATING TO, UH, SO IT'S NOT, NOT CONTRACT, IT'S NOT, YEAH.
COUNTY PROPERTIES, COUNTY PROJECTS OR ANYTHING AT THIS POINT IN TIME, WE DON'T, YOU KNOW, UH, THE, THE, AS IT STANDS, THE, THE FIRE STATION THAT WAS APPROVED, WE'RE STILL GONNA REVIEW A SITE PLAN FOR IT, YOU KNOW, AS THEY COME, AS IT COMES THROUGH.
AND, UH, AND THEN MR. BEAM ALSO WILL REVIEW IT.
SO, UM, YOU KNOW, I DON'T THINK IT'S GONNA IMPACT THAT.
IT WOULD BE KIND OF MOVING FORWARD TO THE FUTURE.
WELL, THE BOARD'S ALREADY APPROVED THEN.
I JUST, I, I JUST, THE, I THINK THE POINT BROUGHT UP THAT THIS IS BEING A, A BROAD, UH, ORDINANCE.
I DON'T KNOW, AND AGAIN, WE CAN MOVE IT FORWARD.
UH, IT'D BE INTERESTING TO HEAR WHAT MR. HAM HAS TO SAY ABOUT IT AND, YOU KNOW, WHAT, WHAT MODIFICATIONS WE WOULD, WE WOULD WANT TO DO.
SO REGARDLESS OF HOW WE MOVE, THE BOARD STILL HAS A CHANCE TO, AND THEY HAVE THEIR OPPORTUNITY.
I I I, IF IT'S NOT TIME SENSITIVE, IT'S NOT GONNA COST US ANYTHING TO SEND IT BACK IN.
OR IT COULD END UP, WE COULD END UP LEGALLY FALSE ADVERTISING HAVING TO DO WRITE SOMETHING OR COME TO AN AGREEMENT ON SOMETHING THAT IS SUBSTANTIALLY CHANGED.
THIS IS, UH, THIS IS AN ORDINANCE.
I THINK MR. CHASE, UH, MR. LENS DID SPEND, UH, A LITTLE BIT
SO, UM, FROM A STAFF STANDPOINT, WE'D BE GLAD TO ACCOMMODATE WHATEVER YOUR WISHES ARE.
I, I THINK IF WE, WE, WE ADDRESS IT WITH, WITH MR. HAM AND, AND MS. JORDAN, UM, WE CAN COME UP WITH A SOLUTION BETWEEN STAFF AND, AND LEGAL AND, AND BRING THAT FORWARD NEXT MONTH.
WOULD YOU LIKE ME TO MAKE A MOTION TO SEND IT BACK? MAKE WHATEVER YOU WANT.
ALRIGHT, I'LL MAKE THE MOTION THAT'S IN HERE.
I'LL, HERE WE'RE STILL ORDINANCE YET I MAKE A MOTION THAT Z 2 0 2 3 DASH 0 8 0 1 BE REVISITED BY LEGAL AND STAFF FOR MORE PRECISE, UH, REGULATION AND MORE CLARITY BEFORE IT COMES BACK TO THE PLAN COMMISSION.
SECOND, THAT'S PRIOR TO AUTHORIZATION TO ADVERTISE PRIOR TO AUTHORIZATION TO ADVERTISE.
[VII.C. Z2023-08-02 - Short-Term Tourist Rentals - Warren County Planning Staff - A request to amend Chapter 180 of the Warren County Code to amend §180-22D(14) to modify the listed use for ShortTerm Tourist Rental in the Residential-One (R-1) zoning district and to amend §180-56.4 to modify the supplemental regulations for Short-Term Tourist Rentals. - Chase Lenz, Zoning Administrator]
Z 20 23 0 8 0 2, SHORT TERM TOURIST RENTALS, WARREN COUNTY PLANNING STAFF REQUEST TO AMEND CHAPTER 180 OF WARREN COUNTY CODE TO AMEND SECTION 180 DASH 22 D 14 TO MODIFY THE LISTED USE FOR SHORT-TERM TOURIST RENTALS AND R ONE RESIDENTIAL ZONING DISTRICT AND TO AMEND SECTION 180 DASH 56.4 TO MODIFY THE SUPPLEMENTAL REGULATIONS FOR SHORT-TERM TOURIST RENTALS, MR. LENS.ALRIGHT, SO YEAH, WE'RE FINALLY HERE WITH THIS TEXT AMENDMENT FOR SHORT TERM TOURIST RENTALS.
OBVIOUSLY WITH BOTH THE PLANNING COMMISSION AND BOARD HAVE HAD PLENTY OF EXPERIENCE WITH SHORT TERM TOURIST RENTALS AND, YOU KNOW, WE HAVEN'T MODIFIED IT SINCE 2014.
SO I WOULD SAY WE'VE LEARNED A THING OR TWO AND, UH, HAD SOME IDEAS WITH HOW TO IMPROVE THE ORDINANCE.
UM, SO WE DID A WORK SESSION WITH THE BOARD, I BELIEVE IT WAS IN MARCH OR FEBRUARY
[00:30:01]
TIMEFRAME OF THIS YEAR.UH, AND BASICALLY THEY ASKED FOR OPTIONS FOR ADDRESSING SOME OF, UH, THE KEY, UM, SUPPLEMENTAL REGULATIONS THAT, YOU KNOW, MAY NOT BE WORKING AS, AS, UH, DESIRED.
UH, SO I, WE, UH, PUT TOGETHER THIS OPTION A AND OPTION B.
UH, THE COVER SHEET I PREPARED HAS A BREAKDOWN BY A SUBSECTION OF ALL THE CHANGES.
UM, MOST OF IT IS TO CLARIFY LANGUAGE OR TIMEFRAME FOR WHEN SOMETHING IS SUBMITTED OR KIND OF CORRECT LANGUAGE OR EVEN MODERNIZED LANGUAGE WITH REGARD TO THE LANDLINE PHONE, UH, SUPPLEMENTAL REGULATION.
THE KEY DIFFERENCE BETWEEN THESE TWO OPTIONS IS THAT OPTION A PROPOSES TO MOVE THE EXISTING 100 FOOT SETBACK REQUIREMENT FROM NEIGHBORING DWELLINGS TO THE LISTED USE FOR THE RESIDENTIAL ONE ZONING DISTRICT.
THIS WOULD MAKE IT A REQUIREMENT TO EVEN APPLY FOR A CONDITIONAL USE PERMIT IN THE RESIDENTIAL ONE DISTRICT AND SAY THAT WOULD MAKE IT MORE RESTRICTIVE IN R ONE.
UM, BUT IT WOULD STILL REMOVE THE SUPPLEMENTAL REGULATION OF 100 FEET AND THEREFORE IT WOULD ONLY APPLY IN A RESIDENTIAL ONE.
AND, UH, ONE THING I'LL NOTICE IS, OR I'LL NOTE IS THAT TO DATE OF THE 15 SETBACK WAIVER REQUESTS THAT WE'VE GOTTEN, ONLY ONE HAS BEEN IN AGRICULTURE AND IT WAS GRANTED OR AGRICULTURAL ZONING DISTRICT AND IT WAS GRANTED.
SO LARGELY THE SETBACK REGULATION AFFECTS PROPERTIES IN RESIDENTIAL ONE.
UH, WE HAVE ONE SHORT TERM TO RENTAL IN THE RURAL RESIDENTIAL ZONING DISTRICT AND IT'S ON 70 PLUS ACRES OF LAND, SO OBVIOUSLY IT MEETS THE SETBACK.
OPTION B WOULD, UH, PROPOSES TO JUST COMPLETELY GET RID OF THE SETBACK REQUIREMENT.
UM, YOU KNOW, YOU HAVE VARIOUS TOOLS IN THE CONDITIONAL USE SECTION OF THE CODE THAT YOU USE TO BUILD OUT CONDITIONS THAT YOU MIGHT ADD TO ADDRESS CERTAIN ISSUES.
UH, AND THE CODE SPECIFIES IF A CONDITION WON'T DO IT, THEN YOU KNOW, YOU'RE SUPPOSED TO DENY IT.
DON'T THINK IF PROXIMITY IS KIND OF YOUR ISSUE.
UH, I DON'T THINK YOU NEED THE SETBACK REQUIREMENT TO DENY A PERMIT.
OBVIOUSLY IT, IT SERVES AS GUIDANCE, YOU KNOW, THAT 100 FOOT THRESHOLD IT KIND OF DEFINES OF A SET AMOUNT OF, OF, UH, SEPARATION.
UM, BUT I WILL NOTE THAT OF THE 15 TOTAL, UH, SETBACK WAIVER REQUESTS, AND THIS EXCLUDES THE ONES THAT WE HAVE COMING THROUGH THE PIPELINE RIGHT NOW.
UH, I BELIEVE 12, YES, 12 OF THEM HAVE BEEN GRANTED, THE THREE THAT WERE DENIED HAD SEPARATE ISSUES IN INCLUDING THE, THE SETBACK, UH, ISSUE.
UM, SO WE'RE LOOKING AT AN ORDINANCE THAT HAS BEEN WAIVED 80% OF THE TIME.
UM, SO OBVIOUSLY AT THIS POINT WE'RE KIND OF FEELING THAT THAT'S A WEAK ORDINANCE AND IT NEEDS TO BE ADDRESSED.
UH, SO THESE ARE THE TWO OPTIONS WE CAME UP WITH.
UH, IF YOU HAVE ANY QUESTIONS, UH, I'D BE HAPPY TO ASK THEM, BUT OTHER THAN THAT, THE CHANGES TO THE SUPPLEMENTAL REGULATIONS ARE ALL THE SAME FOR THE TWO OPTIONS.
100 FEET'S AN ARBITRARY NUMBER.
HOWEVER, A LOT OF THESE SHORT, SHORT-TERM RENTALS, YOU KNOW, THEY ARE ATTRACTING PEOPLE THAT ARE GONNA GO KAYAKING AND VISIT VINEYARDS AND COME BACK TO THE HOUSE AND DRINK AND GET NOISY.
THE ONES THAT I HAVE LOOK AT AND, YOU KNOW, DENIED IN MY VOTE OR APPROVED WHEN IT WAS CLOSE TO THE A HUNDRED FOOT OR BELOW WAS BECAUSE THERE WAS GOOD SCREENING, OR WE HAD A LETTER FROM THAT NEIGHBOR IN ONE CASE WHERE IT WAS 34 FEET, THE NEIGHBOR AT 34 FEET, HE WAS ACTUALLY GONNA BE THE PROPERTY MANAGER.
SO IF THERE WAS A PROBLEM WITH YOU RIGHT THERE.
SO IT'S, IT'S ARBITRARY, BUT IT'S SOMETHING THAT IF WE LOOK AT THE TOPOGRAPHY AND WHAT KIND OF SCREENING IS ALREADY NATURALLY IS THERE, I THINK THAT'S IT'S PROVEN BECAUSE THERE IS, WE CAN ASSUME THERE'S GONNA BE NOISE YEAH.
JUST BECAUSE THEY'RE GONNA BE OUTSIDE DRINKING AND HAVING FUN.
WHEN YOU GET FIVE GUYS, FOUR GIRLS TOGETHER OUT THERE DRINKING AND PARTYING AT NIGHT, AFTER NIGHT DAY ON THE RIVER, YOU KNOW, THEY MIGHT GET A LITTLE LOUD BUT NOT, YOU KNOW, MIGHT DISTURB THE NEIGHBORS IF IT'S 30 FEET AWAY.
THAT'S, THAT'S WHAT I FEEL ABOUT THE, THE A HUNDRED, EVEN THOUGH IT'S AN ARBITRARY NUMBER.
WE HAVE NO SCIENCE THAT BACKS IT UP, THE REASON FOR IT, BUT I THINK IT IS SUBSTANTIAL ENOUGH THAT, YOU KNOW, YOU HAVE, UH, THE NEIGHBORS WILL HAVE SOME BUFFER
[00:35:03]
AND THE CONDITIONAL USE CODE DOES, UH, ALSO, YOU KNOW, WELL NOT EVEN SUGGEST, BUT TELL YOUAND IF IT, YOU KNOW, THE CONDITION ISN'T STRONG ENOUGH OR YOU KNOW, THAT DOESN'T KIND OF ADDRESS YOUR CONCERNS WITH IT, THEN IT DOES DIRECT YOU TO DENY THE CONDITION AND USE PERMIT.
BUT I SAID IF WE'VE GOT THE, THE NEXT DOOR NEIGHBOR HERE THAT'S, OR A LETTER FROM THEM THAT, YOU KNOW, STATES, HEY, I'M OKAY WITH THIS, THAT'S TOTALLY DIFFERENT.
YOU CAN DO IT WITH OR WITHOUT THAT A HUNDRED FOOT NUMBER IN THERE IF YOU WANT TO.
YOU CAN PICK ANY NUMBER YOU WANT NOW.
LIKE I SAID, IT'S AN ARBITRARY NUMBER.
I HAVE A QUESTION ABOUT THE, THE ATVS BEING PROHIBITED.
UM, WHAT, WHAT'S THE, THE LOGIC? YEAH, SO YOU'RE IN THE RIGHT PLACE FOR THE ANSWER TO THAT QUESTION,
SO, UM, PUBLIC, PUBLIC SAFETY FOR STARTERS.
I WANNA SAY, UH, TWO YEARS AGO OR SO, THE PLANNING COMMISSION IDENTIFIED AT T V USE AS A POTENTIAL ISSUE.
UM, AND, AND SAME GOES FOR THE OUTDOOR BURNING FIREWORKS RESTRICTIONS AND THE, UH, SHOOTING, UH, I BELIEVE THE BIG THING, ESPECIALLY WITH OUTDOOR BURNING IS THAT THESE TRANSIENT GUESTS DON'T HAVE THE VESTED INTEREST OF A PROPERTY OWNER IN MAKING SURE THAT EVERYTHING IS CONDUCTED SAFELY IN THE HOME OR SURROUNDING AREA IS NOT DAMAGED.
UM, SO BASICALLY THE, YOU KNOW, THE, THE SOLUTION TO THAT IS TO JUST RESTRICT UNSUPERVISED ACTIVITIES THAT MIGHT HAVE THAT POTENTIAL IMPACT.
AND SO THE PLANNING COMMISSION, I THINK IT WAS ABOUT TWO YEARS AGO, ASKED US TO MAKE THAT A STANDARD CONDITION FOR ALL SHORT-TERM TOURIST RENTAL APPLICATIONS.
AND BY MOVING IT TO THE SUPPLEMENTARY REGULATIONS, WE WON'T HAVE TO MAKE IT A CONDITION ANYMORE.
IT'LL JUST APPLY TO EVERYTHING.
THE POTENTIAL FOR TRESPASSING IS SO HIGH, AND THEN ON A DIRT ROAD SUBDIVISION, PEOPLE FROM OUT OF TOWN, IT DOESN'T, IT DOESN'T RESTRICT THE OWNER FROM ROCK.
SO YOU GET SOMEBODY THAT DOESN'T KNOW THE SAME WAY WITH THE SHOOTING, YOU KNOW, YOU JUST COME IN HERE, I'M GONNA GO OUT IN THE COUNTRY AND SHOOT MY GUN.
YOU REALLY DON'T UNDERSTAND THE TOPOGRAPHY OR WHAT YEAH, NO, I
THAT ALL MAKES, UH, A LOT OF SENSE.
IT WAS JUST THE ATV AT THE SAME THING.
THE ATTV, THEY DON'T KNOW WHERE THE PROPERTY LINE'S AT.
AND IF YOU HAD A PROPERTY BIG ENOUGH, IF THEY WANTED TO RIDE ON, WE COULD ALWAYS, UH OH, WELL, NO, IF IF IT'S IN HERE, UH, IT WOULD HAVE TO BE A NO, YOU, B Z A, YOU CAN WAIVE IT.
IF IT'S IN THE ZONING ORDINANCE, I WOULD, THE, THE B Z A WOULD HAVE TO ISSUE A VARIANCE.
NO, WE COULD, WE CAN WAIVE A CONDITION.
SO THE, CAN WE GET A, TO CLARIFY, UH, IT IS ONLY THE BOARD OF SUPERVISORS WHO CAN WAIVE SUPPLEMENTAL REGULATIONS.
WE COULD, UH, FOR YOUR REFERENCE, THIS IS COVERED BY WARREN COUNTY CODE ONE OH, IT'S THE FIRST SECTION OF THE SUPPLEMENTAL REGS.
JUST LIKE WAIVING THE SETBACK.
IS IT? YEAH, IT'S THE SAME DEAL.
SO IF IT'S A SUPPLEMENTARY REGULATION, THEN THE BOARD OF SUPERVISORS CAN WAIVE IT IN THE PLANNING COMMISSION IF THEY AGREE THAT IT SHOULD BE WAIVED, THEY RECOMMEND BY ADDING A CONDITION THAT IT BE WAIVED.
I I NEED TO LOOK AT THAT MORE AND I CAN, IF YOU WANT TO GIMME A CALL, WE CAN DISCUSS IT MORE.
YEAH, I'M GOOD WITH ADVERTISING.
SAY WHICH OPTION A OR B, DO WE ADVERTISE IT WITH OPTION A AND B OR ARE WE PICKING ONE? NO, IBEL BELIEVE IT'S FOR BOTH.
THAT'S THE WAY THEY, AND THEN AT THE PUBLIC HEARING THERE WOULD BE A RECOMMENDATION FOR A SPECIFIC OPTION.
I MAKE A MOTION TO ADVERTISE Z 2 2 3 0 8 0 3 AS PRESENTED OH TWO, I MEAN O TWO.
I MAKE A MOTION TO ADVERTISE C 2 0 2 3 0 8 0 2 AS PRESENTED.
ALL THOSE IN FAVOR A AYE A AYE.
I WAS TRYING TO GET US OUTTA HERE EARLIER.
[VII.D. Z2023-08-03 - Lighting - Warren County Planning Staff - A request to amend Chapter 180 of the Warren County Code to amend §180-8C to add the definitions of Footcandle, Fully Shielded Fixture, Glare, Outdoor Lighting Fixture, and Recessed Canopy Fixture and to amend §180-49.2 to modify and update the lighting requirements and standards in all zoning districts, including special requirements relating to review of site plans for commercial and industrial uses. - Chase Lenz, Zoning Administrator]
2 23 0 8 0 3 LIGHTING, WARREN COUNTY PLANNING STAFF.THE REST ARE AMEND CHAPTER 180 OF WARREN COUNTY CODE TO AMENDS SUBSECTION 180 DASH EIGHT C TO ADD THE DEFINITIONS OF FOOT CANDLE, FULLY SHIELDED FIXTURE GLARE, OUTDOOR LIGHTING FIXTURE AND RECESSED CANOPY FIXTURE.
AND TO AMEND SUBSECTION 180 DASH 49.2 TO MODIFY AND UPDATE THE LIGHTING REQUIREMENTS AND STANDARDS
[00:40:01]
AND ALL ZONING DISTRICTS INCLUDING SPECIAL REQUIREMENTS FOR RELATING TO THE REVIEW OF SITE PLANS FOR COMMERCIAL AND INDUSTRIAL USES MR. LENS.YEAH, SO JUST A LITTLE BACKGROUND ON THIS, THE WAY THE COR THE LIGHTING ORDINANCE IS CURRENTLY WRITTEN, IT'S BASICALLY JUST A TABLE THAT SAYS IF IT'S BEYOND THIS WATTAGE, IT'S GOTTA BE FULL CUTOFF.
UM, SO BASICALLY THAT REALLY ONLY APPLIES TO SITE PLAN REVIEW.
UM, SO I'VE ONLY REALLY, IN MY EXPERIENCE AS A ZONING ADMINISTRATOR APPLIED IT TO A SITE PLAN FOR COMMERCIAL OR AN INDUSTRIAL USE.
UH, AND I HAD A SITUATION SEVERAL MONTHS AGO NOW, UNFORTUNATELY, UH, WHERE A NEIGHBOR, UM, HAD THESE SPOTLIGHTS OR SOME SORT OF SECURITY LIGHTS POINTED RIGHT AT THEIR NEIGHBOR'S HOUSE.
UH, AND IT WAS REALLY DISRUPTING THINGS FOR THEM.
AND YOU KNOW, I, WHEN THEY CAME IN AND COMPLAINED ABOUT IT, I WAS LIKE, OH, I GOT YOU.
WE'VE GOT A CODE FOR THIS IN READING THE CODE, WE HAVE A DEFINITION FOR GLARE, BUT NO WAY TO ENFORCE IT.
SO AGAIN, IT'S REALLY, THE WAY IT'S WRITTEN NOW IS REALLY JUST FOR SITE PLAN REVIEW.
SO BA THIS TEXT AMENDMENT WOULD RESTRUCTURE THE ENTIRE LIGHTING ORDINANCE TO APPLY EVERYWHERE, NOT JUST ON SITE PLANS.
UM, IT'LL GIVE US, UM, YOU KNOW, METHODS FOR MEASURING FOOT CANDLES, BUT THE PROPERTY LINES TO DETERMINE, YOU KNOW, GLARE SITUATIONS AND BE ABLE TO ENFORCE THAT.
UM, SO HALF, HALF NEED HALF, UH, THIS IS SOMETHING WE WE NEED TO ADDRESS AS, AS IS IT'S NOT MY FAVORITE ORDINANCE AS IS
IF YOU HAVE ANY QUESTIONS, FEEL FREE TO LET ME KNOW.
WAS YOUR COMPLAINT IN AN R ONE OR AN AG SITUATION? IT WAS AG AND PART OF THE COMPLAINT IS THAT THE LIGHTS WERE, I I BELIEVE THAT THEY, THEY'RE LIKE BEEKEEPERS OR SOMETHING AND THE LIGHTS WERE DISRUPTING THE BEES.
UM, UH, AS FAR AS I'M, YEAH, I'M NOT GONNA MAKE A DETERMINATION ON THAT, BUT, UH, AS FAR AS A MEASURABLE THING, YOU KNOW, IF WE HAVE SOMETHING THAT MEASURES FOOT CANDLE, WE COULD TAKE THAT, THEN WE CAN ENFORCE IT.
YOU KNOW, IT'LL PROBABLY JUST BE A SITUATION WHERE THEY JUST NEED TO POINT THEIR LIGHTS DOWNWARD MORE, UM, SO THAT IT DOESN'T HAVE THAT GLARE IMPACT AT THE PROPERTY LINE.
OR IT COULD VERY WELL BE THAT WE TAKE THE MEASUREMENT AND IT DOESN'T MEET THAT THRESHOLD OF GLARE AND, YOU KNOW, SORRY ABOUT YOUR BAD LUCK
UM, BUT YEAH, IT, IT MAKES IT, SO THIS TEXT AMENDMENT, AND THIS WAS, UH, CREDIT TO MY ZONING OFFICER DAVID, HE REWROTE MOST OF HIS, UM, USED TO WORK AT, UH, FREDERICK COUNTY.
AND THIS IS VERY SIMILAR TO THEIRS WITH OUR STATEMENT OF INTENT
UM, BUT YEAH, WE BOTH FEEL THAT THIS IS A MUCH MORE APPROACHABLE ORDINANCE FOR ENFORCEMENT.
UM, NOT JUST ON, UH, YOU KNOW, JUST IN THESE RESIDENTIAL AGRICULTURAL SITUATIONS WHERE WE DON'T HAVE ANYTHING NOW, BUT ALSO FOR THE SITE PLANS IT PLUGS IN SOME THINGS THAT WERE MISSING FOR SURE.
THE ONLY THING I SAW WAS ON PAGE ONE, WE'RE DEFINING THE LIGHTING, IT SAYS ELECTRICAL.
I CAN SEE THAT BEING AN ISSUE.
SOMEONE SAYING, WELL IT'S BATTERY POWERED OR SOLAR.
WHY IT JUST TO LEAVE THE LIGHTING OUTDOOR LIGHTING.
THAT WAY YOU COVER IF SOMEONE EVEN'S GOT A GASLIGHT.
THIS UNDER OUTDOOR LIGHTING FIXTURE DEFINITION.
IT'S, IT'S, YEAH, I THINK OUTDOOR LIGHTING FIX, ITS UNDER OUTDOOR LIGHTING FIXTURE.
YOU KNOW, WE COULD, WE COULD PROBABLY PUT ELECTRICALLY POWERED AT ANY OTHER SOURCE.
SAY OR OTHER OUTDOOR LIGHTING FIXTURE.
I THINK WE'RE COVERED THERE, BUT THAT IS A GOOD POINT.
I WAS JUST THINKING SOMEONE COULD ARGUE THAT WELL, IT'S A GAS POWERED LAMP OR SOLAR, EVEN THOUGH SOLAR IS ELECTRIC.
BUT I KNOW, AND IF IT WERE, THE ONLY CHALLENGE WITH GAS POWER IS HAVING THEM DOWN LIT.
TYPICALLY YOU DON'T SEE THEM AS YEAH, I KNOW.
IT'S SO, UH, REMEMBER THE SEARCH LIGHTS THAT THE CAR DEALERSHIPS USED TO HAVE BACK IN THE SIXTIES? YEAH.
I MEAN, WELL, DID I SHOW MY AGE? SHUT DOWN
ANY OTHER DISCUSSION MOTION? NO, ALL HONOR MOVE THAT THE PLANNING COMMISSION AUTHORIZED TO PROPOSED ZONING TAX AMENDMENT FOR ADVERTISEMENT FOR A PUBLIC HEARING.
WE'LL HAVE NOBLE HEARING ON THIS ONE.
[VII.E. Z2023-08-04 - Family Subdivisions - Warren County Planning Staff - A request to amend Chapter 180 of the Warren County Code to amend §180-21C(1) to add provisions for family subdivisions and combinations of subdivisions and family subdivisions to the accessory uses permitted by right in the Agricultural (A) zoning district. - Matt Wendling, Planning Director]
Z 20 23 0 8 0 4 FAMILY SUBDIVISIONS, WARREN COUNTY PLANNING STAFF REQUEST TO AMEND CHAPTER 180 TO WARREN COUNTY CODE TO AMEND SUBSECTION 180 DASH 21 C ONE TO ADD PROVISION FOR FAMILY SUBDIVISIONS AND COMBINATIONS OF SUBDIVISIONS AND FAMILY SUBDIVISIONS TO THE ACCESSORY USES PERMITTED BY RIGHT IN AGRICULTURAL ZONING DISTRICT.UH, THIS REQUEST IS BEING REQUEST, UH,
[00:45:01]
ASKED BY US IN ORDER TO MEET THE NEED AND ADDITIONAL OPTIONS FOR HOUSING FOR FAMILIES WHO LIVE AND WORK IN WARREN COUNTY AND ALSO THE GOAL OF THE COMPREHENSIVE PLAN, THE LAND USE AND DEVELOPMENT CHAPTER NUMBER FOUR OF THE COMP PLAN SECTION THREE ON HOUSING AND COMMUNITY DEVELOPMENT STATES AS A GOAL QUOTE TO PROVIDE THROUGHOUT THE COUNTY RESIDENTIAL AREAS THAT OFFER QUALITY RESIDENTIAL DEVELOPMENT THAT DOES NOT DEPLETE COUNTY RESOURCES AND PROTECTS RURAL CHARACTER.THE AGRICULTURAL ZONING DISTRICT, WHICH INCLUDES NEARLY 60% OF THE LAND IN THE COUNTY, OFFERS MORE FLEXIBLE HOUSING ALTERNATIVES FOR SINGLE FAMILY DWELLINGS SUCH AS MANUFACTURED MOBILE HOMES, MODULAR HOMES, OR YOUR STANDARD STICK BUILT HOMES AS AN ALTERNATIVE HOUSING TYPE IN THAT ZONING DISTRICT.
THIS LOWER DENSITY USE OF, OF SUBDIVISION OF LAND ALLOWS FOR A BROADER DISTRIBUTION OF THE RESIDENTIAL DEVELOPMENT IN AGRICULTURAL AREAS TO ALLOW FAMILIES WHO WANT TO CONTINUE TO RESIDE IN THE COUNTY NEAR OTHER FAMILY MEMBERS, BE THEY ELDERLY OR YOUNG FAMILIES.
THE FAMILY SUBDIVISIONS ARE NOT REQUIRED TO HAVE AN ACCESS ROAD BUILT TO STATE STANDARDS AS REQUIRED FOR CLUSTER SUBDIVISIONS OR HAVE DIRECT ACCESS TO AN ACCESS ROAD BUILT TO, EXCUSE ME, OR DIRECT ACCESS TO A STATE ROAD OR WITH FRONTAGE ALONG A STATE ROAD AS REQUIRED BY A CLASS A SUBDIVISION.
FAMILY SUBDIVISIONS CAN ALSO BE A MINIMUM OF 1.5 ACRES, WHICH ALLOWS FOR SIX FOR THE SIX SUBDIVISIONS OF LAND AND A LOT OF 10 ACRES.
THE MAX MINIMUM ACREAGE FOR NON-FAMILY CLASS A LOT IN THE AGRICULTURAL ZONING DISTRICT IS TWO ACRES.
THIS REQUEST PROVIDES A SOLUTION TO PROPERTY OWNERS OF WARREN COUNTY WHO HAVE LIVED AND OWNED THEIR PROPERTIES FOR MORE THAN FIVE YEARS TO HAVE AN ADDITIONAL TWO LOTS FOR FAMILY MEMBERS WHO PLAN TO STAND THE COUNTY FOR FIVE OR MORE YEARS ONCE THE SUBDIVISION HAS BEEN APPROVED.
IT ALSO ALLOWS FOR PARENTS TO REMAIN IN THEIR HOMES OR BUILD SMALLER HOMES ON THE NEW LOT AND ALLOW THEIR IMMEDIATELY IMMEDIATE FAMILY MEMBER TO PURCHASE THE HOME THEY MAY HAVE GROWN UP IN PROVIDING HOUSING TO BOTH EXISTING AND FUTURE NEEDS OF THE FAMILIES.
THIS ALLOWS THE COUNTY TO MEET THE GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN IN KEEPING THE RURAL CHARACTER OF THE COMMUNITY INTACT.
THE AMENDMENTS OF THE CODE NOW REQUIRE THAT ALL FAMILY SUBDIVISIONS OF LAND BE REQUIRED TO MEET RULES AND REGULATIONS FOR THE HEALTH DEPARTMENT FOR APPROVAL OF THE SUBDIVISION BY THE COUNTY SUBDIVISION ADMINISTRATOR.
WHEREAS AT THIS POINT IN TIME, AS IT AS IT EXISTS, YOU'RE NOT REQUIRED TO HAVE THAT UNTIL YOU ACTUALLY PULL YOUR PLANS FOR A HOUSE.
SO YOU'LL, YOU WOULD NEED TO HAVE THAT HEALTH DEPARTMENT, UH, UMER LETTER AND THE SOIL WORK IN THIS CASE NOW AT THE TIME YOU APPLY FOR THE FA FAMILY SUBDIVISION.
UH, COUNTY STAFF HAS REVIEWED THIS AMENDMENT WITH THE COUNTY ATTORNEY'S OFFICE AND MAY SUGGEST REVISIONS TO ALLOW FOR CLARIFYING FOR SUBDIVIDING IN THE AGRICULTURAL ZONING DISTRICT FOR STANDARD CLASS A FAMILY AND SUBDIVISIONS.
UM, AND THEN THE ATTACHED CHANGES, UH, WERE SUBMITTED TO YOU.
UM, I'D BE GLAD TO ANSWER ANY QUESTIONS YOU HAVE REGARDING THIS TEST AMENDMENT.
UM, WE'VE GOT A QUESTION ABOUT, UH, ONE OF THE ACCESSORY USES PERMITTED BY WRIGHT.
UH, NUMBER SEVEN, THE MOBILE FOOD ESTABLISHMENT ON COUNTY OWNED PARKS AND RECREATION FACILITIES.
IS THAT YOU? YOU GOT IT? UH, I GUESS READING IT OUT LOUD, I, IT IT MADE SENSE.
YEAH, SO BASICALLY WITH MOBILE FOOD ESTABLISHMENTS, INITIALLY IT WAS JUST COMMERCIAL AND INDUSTRIAL AND THEN IN CONJUNCTION WITH COUNTY PARKS.
UM, SO THEN I THINK PARKS AND REC HAS A SEPARATE PERMIT THAT YOU HAVE TO GET THROUGH THEM TO DO THAT.
ANYWAY, UM, THE OTHER TWO YOU SEE LISTED THERE WERE ACTUALLY FROM EARLIER THIS YEAR, THOSE WERE ADDED.
WE HAD A, UM, UM, IS A, WHAT IS HE? A WAYSIDE STAND GARDEN CENTER.
THAT'S WHY WE FARMER MARKET SENIOR.
JUST KIND OF A HYBRID OF BOTH.
UM, SO WE JUST KIND OF PUT BOTH OF 'EM IN.
I GUESS JUST TO, TO TO CLARIFY, COUNTY PARKS WOULD BE ZONED AS AGRICULTURAL, WHICH WOULD ALLOW THIS OTHERWISE IT WOULDN'T APPLY.
IF THE PROPERTY IS NOT ZONED AGRICULTURAL AND NOT PERMIT.
NOW ALSO A QUESTION ABOUT NUMBER FIVE.
UM, WIND ENERGY SYSTEM PRIVATE USE, UM, WITHOUT SOME WAY TO LIMIT WHAT IS CONS, YOU KNOW, WHAT, WHAT IS CONSIDERED PRIVATE USE? YOU'RE NOT SELLING IT TO NOBODY FOR ONE.
IT'S, YEAH, BUT THERE'S NO, I'M, I, I JUST WANNA MENTION SOMETHING TOO.
I SHOULD HAVE MENTIONED THIS ABOUT THIS CODE AND I WANNA THANK CHASE FOR, FOR, FOR HELPING ME OUT WITH
[00:50:01]
THIS.IT BECAME KIND OF A DOMINO EFFECT BECAUSE WHAT HAPPENED WAS THE COUNTY ATTORNEY SUGGESTED THAT WE RELOCATE AS AN ACCESSORY USE FOR THE FAMILY SUBDIVISION TO ANOTHER LOCATION.
SO IT KIND OF BUMPED EVERYTHING UP OR DOWN, I GUESS UP.
AND SO CONSEQUENTLY, THAT'S WHY YOU'RE SEEING ALL OF THESE HIGHLIGHTED.
OH YES, I SEE THAT THEY'RE NOT NEW USES, THEY'RE EXISTING USES.
THEY'RE CHANGING THE LOCATION THAT, SO JUST TO KIND OF CLARIFY THAT, AND THEN WE WILL BE GLAD TO ANSWER THE, THE, THE QUESTION THAT YOU HAD ON NUMBER FIVE, IS THAT WHAT IT WAS THE, UH, WIND ENERGY SYSTEM? IT, IT, IT PROBABLY DOESN'T MATTER.
I DIDN'T REALIZE IT WAS, UM, ALREADY IN HERE.
SO, SO YEAH, IT, IT, IT WAS KIND OF A DOMINO EFFECT ON THIS PARTICULAR CODE.
SO HERE, LET ME ASK THE RIGHT QUESTION.
YEAH, I DIDN'T HAVE TIME TO READ ALL THAT EITHER.
WHAT'S DIFFERENT? WHAT ARE YOU CHANGING? WHY ARE WE CHANGING IT? SO WHAT'S DIFFERENT ABOUT IT? SO TO PUT IT VERY CLEARLY, YOU'RE, WE'RE ADDING TWO ADDITIONAL FAMILY SUBDIVISION LOTS THAT CAN BE SUBDIVIDED FROM THE PARENT PARCEL FROM APRIL 6TH, 1977.
UH, THAT'S IN ADDITION TO THE CURRENT CODE, WHICH ALLOWS FOR FOUR LOTS, BE THEY FAMILY SUBDIVISION OR CLASS A SUBDIVISION.
UM, THESE LOTS ALLOW ALSO FOR A COMBINATION OF BOTH.
SO IF YOU'VE GOT ONE FAMILY SUBDIVISION THAT'S, THAT'S BEEN DONE AND THREE CLASS A'S, THEN YOU HAVE AN OPPORTUNITY TO DO ONE MORE CLASS A AND ONE MORE FAMILY SUBDIVISION, BUT A MINIMUM OF THOSE THAT, THOSE SIX SUBDIVISIONS OF LAND HAS TO BE FAMILY SUBDIVISIONS.
THE OTHER THING IS, IS THAT AT THE TIME THE FAMILY SUBDIVISION COMES IN AS AN APPLICATION, THEY HAVE TO HAVE THE, UH, SOIL WORK AND THE HEALTH DEPARTMENT PER, UH, LETTER FOR THE APPLICATION.
UM, AND THAT IS ALL THAT WE HAVE ON THIS PARTICULAR ORDINANCE.
IT'S STAYING, IT'S STAYING AN ACRE AND A HALF FOR FAMILY TWO ACRE AS A, AS A STANDARD AS YOUR, YOUR BASE FOR, UH, CLASS A.
BEFORE IT WAS ONLY FOUR TIMES PER PARCEL.
IS THAT WHAT IT WAS? FOUR ALLOWED FOUR LOTS, UH, OF BETWEEN, WELL, IT'S TWO AND 10 ACRES, BUT ONE AND A HALF AND 10 ACRES, UM, UH, FROM APRIL 6TH, 1977.
SO WE'RE ADDING AN ADDITIONAL TWO LOTS THAT COULD BE SUBDIVIDED FROM THAT PARENT PARCEL AS IT EXISTED THAT APRIL 6TH, UH, 1977 DATE.
I'VE, I'VE USED FAMILY SUB, I'VE GOT MY HOUSE BECAUSE OF FAMILY SUBDIVISION, SO DOES MY SON.
AND, AND YOU KNOW, THE OPTION TOO IS, IS UH, WITH OUR FAMILY SUBDIVISIONS, WE DO IDENTIFY WHO AS A FAMILY MEMBER CAN BE.
UH, IT CAN BE DEEDED TO, UM, AND I BELIEVE IT'S THE F BE OVER 12 YEARS OLD MM-HMM.
SO THERE'S A POTENTIAL, IF YOU FULLY WANTED TO HAVE YOUR CHILD COME BACK HOME AFTER COLLEGE, YOU COULD HAVE THAT FAMILY SUBDIVISION, YOU KNOW, APPLIED FOR IF YOU'VE OWNED IT FOR FIVE YEARS AND WHEN THEY COME BACK, THAT FIVE YEAR LIMIT IS UP AND THEY CAN START BUILDING OR THEY COULD BUILD IF IT'S NOT UP, BUT YOU KNOW, IT WOULD BE IN PLACE FOR THEM.
HAS THE SEPTIC THING BEEN AN ISSUE IN THE PAST IF IT'S BEEN A LOT SUBDIVIDED AND THEN THEY COULDN'T GET A SEPTIC AND THEY MADE IT A PROBLEM? UM, NOT SO MUCH THE SEPTIC ISSUE.
WHAT, WHAT HAS BEEN THE ISSUE IS THAT A FAMILY MEMBER, AND THIS WAS FAIRLY RECENTLY, A FAMILY MEMBER DIDN'T NEED THE 10 ACRE LOT, UH, SUBDIVIDED LOT.
THEY, THEY JUST WANTED TWO ACRES AND THE FOUR R LOTS HAD ALREADY BEEN USED UP PREVIOUSLY.
SO THEY WERE LIMITED TO A 10 ACRE LOT.
UM, AND THEY WERE GRANTED A, A WAIVER TO THE ZONING ORDINANCE TO ALLOW, OR I SHOULD SAY SOMETHING, SOMETHING ORIGINAL TO ALLOW FOR, UH, TRANSFER OF THE OWNERSHIP WITHIN A FIVE YEAR TIME PERIOD.
BUT THEY WERE, THEY HAD TO HAVE IT, UH, KEEP OWNERSHIP FOR SEVEN YEARS.
UH, I REMEMBER THAT YOU STILL HAVE 10 YEARS BEFORE THEY COULD SELL IT.
IT IS A 10 YEAR WINDOW AND SO JUST LET 'EM HAVE IT SOONER BASICALLY.
AND SO THAT WAS ONE OF THE MORE RECENT ONES.
AND WE'VE, WE'VE HAD A LOT OF PEOPLE, ANOTHER THING WE GET IS A LOT OF PEOPLE WANT BUILD A, YOU KNOW, EITHER HAVE AN IN-LAW SUITE OR BUILD ANOTHER HOUSE FOR THEIR PARENTS, YOU KNOW, WHO WANT TO DOWNSIZE BUT DON'T WANT TO MOVE OUTTA THE COMMUNITY.
SO REALLY OUR LIMITATIONS NOW ON A SINGLE LOT IF THE SUBDIVISIONS ARE USED UP IS, WELL, YOU CAN PUT A BREEZEWAY ON AND BUILD A, A SUITE, YOU KNOW, FOR IT MM-HMM.
IT'S JUST BASICALLY AN ADDITION, BUT THAT'S YOUR LIMITATION.
[00:55:01]
AN OPPORTUNITY, WHETHER IT BE A PARENT WHO WANTS TO MOVE INTO A SMALLER HOME OR A PARENT WANTS TO GIVE SOME LAND TO A FAMILY MEMBER, YOU KNOW, WHERE THEY CAN BUILD THEIR HOUSE NEXT TO 'EM AND THEN, AND THEN, UH, THEY HAVE BUILT IN BABYSITTERS RIGHT NEXT DOOR, SO YEAH.SO IT, IT REALLY IS TO TRY AND ADDRESS, UM, SOME OF THOSE ISSUES THAT HAVE COME UP AND ALSO, YOU KNOW, IN, IN SOME WAYS JUST SPREAD THE RESIDENTIAL DEVELOPMENT ACROSS THE, THE WHOLE, UH, BREADTH OF THE AGRICULTURAL ZONING DISTRICT VERSUS HAVING, UH, SMALL PLAN RESIDENTIAL DEVELOPMENTS COMING INTO EITHER TOWN OR WHEREVER.
BUT YOU KNOW, SPECIFICALLY IN TOWN, WE'RE JUST NOT SEEING A LOT OF THOSE TO SUFFICIENTLY COMPENSATE FOR THE HOUSING ISSUES THAT WE HAVE.
SO, UH, THIS IS JUST ONE TOOL THAT WE'LL HAVE TO BE ABLE TO ADDRESS THOSE HOUSING ISSUES.
WHEN I READ THIS, SO THEY NEED 10 ACRES TO START WITH DIVIDE, IF THEY DIVIDE IT UP INTO TWO LOTS OR SIX LOTS, CORRECT? WELL, WELL, YEAH.
I MEAN, IT, IT, IT, IT REALLY, IT'S WHATEVER THE PARENT PARCEL WAS AND MOST OF THE TIME YOUR PARENT PARCELS WERE EXCEEDING, EXCEEDED 10 ACRES.
BUT THE MINIMUM WAS 10 ACRES TO DO A FAMILY.
YOU STILL HAVE AN ACRE AND A HALF LOT THOUGH.
YOU'VE GOT ALL AN ACRE AND A HALF LOT.
AND THERE'S, WE WOULD LOOK AT LIKE THAT FINAL LOT AS BEING KIND OF A RESIDUAL LOT.
SO IF YOU USED UP ALL OF YOUR ACREAGE IN THAT LAST LOT WAS, LET'S JUST SAY YOU HAD TWO ACRES AND YOU HAD AN 11 ACRE LOT.
WELL THAT LAST LOT'S GONNA BE A, A RESIDUAL LOT TO WHAT YOU'VE HAD.
DOES THIS RESTRICT A LOT FROM SMALLER THAN 10 ACRES FROM BEING FAMILY SUBDIVIDED? NO.
BECAUSE IT'S, IT'S AN EITHER, IT ACTUALLY, THE WAY THE CODE IS WRITTEN IS YOU CAN DO, YOU CAN DO EITHER YOUR CLASS A'S FOUR CLASS A'S AND TWO FAMILIES.
YOU CAN DO SIX FAMILIES IF YOU WANT.
YOU COULD DO, YOU KNOW, IF YOU HAVE THAT MANY FAMILY MEMBERS, YOU CAN DO A COMBINATION OF, YOU KNOW, FOUR FAMILY MEMBERS AND TWO CLASS A'S, BUT JUST TWO HAVE TO BE FAMILY, FAMILY SUBDIVISIONS AND JUST SAY WORST CASE YOU DID ALL SIX FAMILY, THE, UH, RESIDUAL LOT STILL HAS TO BE TWO ACRE MINIMUM IN THE AG AND THE REST OF THE WATER.
THAT WOULD BE, THAT'S CORRECT.
YOUR RESIDUAL WOULD BE TWO ACRES ON THAT.
SO THAT'S HOW THAT WOULD WORK.
SO, UM, BUT AS WE GET FURTHER OUT IN TIME FROM THAT 1977 DATE, YOU'RE LOSING THE FOUR ACRE LOTS.
YOU'RE LOSING A LOT OF ROAD FRONTAGE AS YOU KNOW, THE STATE'S NOT BUILDING A WHOLE LOT OF RURAL ROADS, YOU KNOW, AND SO YOU DON'T HAVE THAT STATE ROADS AND, UM, CLUSTER SUBDIVISIONS REALLY HAVEN'T TAKEN OFF LIKE I THINK THEY WERE EXPECTED TO.
AND IT'S, IT'S BEEN A REAL CHALLENGE.
UH, I'VE ONLY SEEN TWO OF 'EM IN THE TIME THAT I'VE BEEN HERE THAT HAVE ACTUALLY MOVED FORWARD WITH DEVELOPMENT AND THAT THERE'S STILL SOME CHALLENGES.
ACTUALLY THERE MIGHT BE THREE, BUT I WASN'T HERE WHEN MR. ANDREWS DID HIS CLUSTER SUBDIVISION.
BUT, UM, SO THIS IS JUST KIND OF AN ALTERNATIVE FOR, FOR FAMILIES TO BE ABLE TO SUBDIVIDE, KEEP THEIR, KEEP THEIR FAMILY MEMBERS CLOSE, YOU KNOW, TO HOME AND HOPEFULLY FIND JOBS HERE, YOU KNOW, AND BE ABLE TO LIVE AND WORK HERE.
[VII.F. Z2023-08-05 - Definition of Family Subdivision - Warren County Code Section §155-3(B)(1)(b) - A request to amend Chapter 155 of the Warren County Code Section §155-3(B)(1)(b) Family Subdivisions to add subsection Family subdivisions shall only be permitted for land located in the Agricultural zoning district. - Matt Wendling, Planning Director]
Z 20 23 0 8 0 5 DEFINITION OF FAMILY SUBDIVISION WARREN COUNTY CODE SECTION SUBSECTION 1 55 DASH THREE B ONE B.REQUEST TO AMEND CHAPTER 1 55 OF WARREN COUNTY CODE SECTION SUBSECTION 1 55 DASH THREE B ONE B FAMILY SUBDIVISIONS TO ADD SUB SEC, ADD SUBSECTION.
FAMILY SUBDIVISIONS SHALL ONLY BE PERMITTED FOR LAND LOCATED IN AGRICULTURAL ZONING DISTRICT.
MR. WEDLING, WHILE I'M TWIST MY THOUGHT, MR. CHAIRMAN, YOU SAID IT ALL.
THAT'S THE CODE WE CURRENTLY, UH, IN THE PAST HAVE ALLOWED FOR FAMILY SUBDIVISIONS OF LOTS IN R ONE, BUT THAT REALLY IS JUST CREATES MORE DENSITY IN R ONE THAT HAS CHALLENGES ENOUGH ALREADY WITH RESOURCES AND ROADS AND WHATNOT.
SO FROM HERE ON OUT, R ONE WOULD JUST BE PROHIBITED FROM ANY FAMILY SUBDIVISIONS.
SO IT'S KIND OF A LITTLE WAY, A WAY TO OFFSET WHAT YOU HAVE, WHAT YOU'RE
[01:00:01]
ALLOWING FOR IN THE AG DISTRICT WHERE YOU HAVE MORE ROOM, YOU KNOW, MORE AVAILABILITY, YOU KNOW, FOR RESOURCES.AND IN LIEU OF, UH, WHAT WE HAVE NOW.
AND WE DID NOT HAVE MANY OF THESE.
I MEAN, VERY RARELY DO WE GET SOMEBODY WHO'S GOT THREE LOT THREE ACRES UP ON HIGH KNOB OR SOMEWHERE ELSE, SOME OTHER HINDO FARMS WHO, WHO WANT TO DO A, DO A FAMILY SUBDIVISION AND, AND YOU ARE LIMITED TO ONE ACRE LOTS IN FAMILY SUBDIVISION.
SO IT'S A ONE ACRE SUBDIVISION OF LAND WITH A ONE ACRE RESIDUAL.
SO YOU'RE JUST CREATING MORE DENSITY IN THESE AREAS WHERE WE'RE ACTUALLY SEEING A REVERSE IN THAT.
WE SEE A LOT OF PEOPLE NOW WHO BUY A COUPLE LOTS NEXT TO EACH OTHER, OR THREE LOTS AND THEY CONSOLIDATE 'EM.
THEY WANNA BE ABLE TO PUT THEIR GARAGE ON THAT PART OF THEIR PROPERTY, BUT CAN'T DO IT BECAUSE IT'S ON A SEPARATE LOT IN THE R ONE.
SO, SO THIS ALLOWS THEM TO DO THAT.
AND ALSO, OH, BY THE WAY, THEY DON'T HAVE TO PAY AS MUCH SANITARY DISTRICT FEES, SO THAT'S A MONETARY INCENTIVE FOR 'EM.
SO WE'VE SEEN KIND OF A REVERSE IN THAT IN THE TIME I'VE BEEN HERE.
SO, UM, IS THERE ANY, THE ONLY, THE ONLY THING I CAN SEE ON THAT IS SOMEONE, THEY HAD LIKE A LARGE PIECE OF THE ZONED RESIDENTIAL COMING BACK TO DOWN ZONE, SO WE COULD YEAH, IT WOULD, IT WOULD PROBABLY REQUIRE, THEY, THEY'D PROBABLY WANNA DO A DOWN ZONING AND, AND, AND GO WITH, UH, AN AG AND, YOU KNOW, CERTAINLY IF IT MET THE COMP PLAN REQUIREMENTS AND IT WAS ADJACENT TO AG, THAT WOULD MAKE SENSE.
'CAUSE IT CAN'T SPOT ZONE RIGHT IN THE MIDDLE OF THE SUBDIVISION.
ANYWAY, I THINK, I THINK THAT WAS MY CONCERN IS THERE WAS A, SOME REASON THERE WAS A BIG R ONE PIECE AND SOMEBODY WANTED TO CUT, YOU KNOW, WOULD THEY, BUT THEY COULD REZONE IT IF IT MADE SENSE, THEY COULD GO BACK TO AG ON THERE.
AND WE HAD THAT DONE JUST, UH, I THINK IT WAS LAST YEAR WITH, UH, WITH THE, UM, RAY PENNINGTON'S PROPERTIES AND UH, UM, WHERE HE HAD PUT IN A NUMBER OF ACRES.
I MEAN LOTS AND LOTS AND LOTS OF ACRES.
LOTS OF ACRES, AND, AND I THINK IT TOOK 600 LOTS OFF THE BOOKS.
UM, BUT IT WAS NEVER REZONED AT THE TIME THE CONSERVATION EASEMENT WAS SUBMITTED.
SO THAT'S WHAT WE ENDED UP DOING IS DOWN ZONING THAT MM-HMM.
SO, YEAH, THAT'S A PERFECT EXAMPLE.
TAKE A MOTION, PLEASE MOVE THAT THE PLANNING COMMISSION AUTHORIZED TO PROPOSED TEXT AMENDMENT REQUEST FOR ADVERTISEMENT FOR PUBLIC HEARING.
[VIII. Consent Agenda (Authorization to Advertise)]
THE CONSENT AGENDA FOR AUTHORIZATION TO ADVERTISE.MR. CHAIRMAN, I MOVE THAT WE APPROVE THE CONSENT AGENDA AS PRESENTED.
[IX. Commission Matters]
MR. WENDLING PLANNING AND G I S STAFFING AND PLANNING RELATED ITEMS? WELL, I, I'VE GOT GOOD NEWS AND BAD NEWS.HE WILL BE STARTING WITH US, UH, MONDAY, A AUGUST 14TH.
AND HE COMES WITH, UH, A LOT OF EXPERIENCE IN LOCAL GOVERNMENT AND HE'S WORKED FOR, UH, HARRISONBURG AND ROANOKE COUNTY.
UH, SO WE ARE VERY GLAD AND PLEASED TO BRING HIM, WELCOME HIM ON BOARD AND, UH, SEE HIM BECOME PART OF OUR TEAM.
BUT THE SAD NEWS IS THAT OUR, UH, CLERK TO THE PLANNING COMMISSION, UH, AND, AND, UH, OFFICE MANAGER VERONICA IS MOVING ON TO GREENER PASTURES, BUT STAYING WITH THE COUNTY, SHE'LL BE WORKING WITH, UH, THE SCHOOL BOARD AND THEIR SOCIAL SERVICES AREA.
SO WE ARE CURRENTLY INTERVIEWING FOR, UH, FOR, UH, CLERK TO THE PLANNING COMMISSION, BUT I WOULD LIKE TO GRATEFUL, THANK, UH, ZACH HENDERSON, OUR DEPUTY CLERK TO THE BOARD OF SUPERVISORS FOR SITTING IN AND MANNING THE HELL THIS EVENING.
AND, AND, UH, WE WILL HOPEFULLY HAVE SOMEONE HIRED BY THE NEXT MEETING AND WE'LL, WE'LL GET Y'ALL TO, UH, NOMINATOR AS THE SECRETARY AND YOU KNOW, VOTER IN.
SO, UM, OTHER THAN THAT IT'S JUST, WE ARE, UM, WE'RE MOVING FORWARD WITH THE REZONINGS, THE LARGE REZONINGS WITH THE BOARD.
UM, SO WE'LL WE'RE ADDRESSING THOSE MATTERS AND UH, WE'RE CONTINUING TO LOOK AT, YOU KNOW, SOME OF THE TEXT AMENDMENTS THAT WE MAY BE ABLE TO DO, MAYBE TRY AND GET 'EM IN BEFORE THE END OF THE YEAR.
WE WERE THINKING ABOUT SIGNAGE, BUT THAT MIGHT BE A, UH, A LITTLE BIT OF A CHALLENGE
[01:05:01]
TO GO THROUGH ALL THAT IN JUST A SHORT PERIOD OF TIME.SO, UM, OTHER THAN THAT, UM, I HAVE NO OTHER COMMENT.
WILL YOU GOT ANYTHING? UM, IT'S MY PLEASURE TO BE HERE.
UH, I LOOK FORWARD TO SERVING WITH YOU GUYS.
YEAH, I JUST WANT MAKE A RECORD THAT WE WILL THE, UM, BLUE RIDGE SHADOWS, H O A WILL BE, UH, REACHING OUT TO THE SLATE, FARM SLATE, RUN FARM TO UH, DO A MEETING WITH THE ASSOCIATION TO TALK, LET THEM TALK, TALK TO US, TELL 'EM WHAT THEIR PLANS ARE, THINGS LIKE THAT.
SO THE, BOTH THE GOLF CLUB AND THE HOTEL WILL BE IN ATTENDANCE AS WELL.
SO IT'LL BE THE WHOLE BLUE RIDGE EVENING MEETING.
WELL I'M HOPING IT'S, YEAH, IT'S GONNA BE AN EVENING MEETING.
OH, THING I'VE GOT IS YESTERDAY VDOT ISSUED THEIR ADVERTISEMENT LIST FOR PROJECTS FOR SEPTEMBER AND THE FLYOVER RAMP ON FAIRGROUNDS ROAD IS ONE THAT'S GOING TO BE LEFT.
THEIR PROJECTED ESTIMATE FOR IT IS LIKE 21,322,000.
BUT THAT'S ALL I'VE GOT THERE.
YOU NOT NEAR AS EXCITING AS I WAS LAST MONTH,
A COUPLE THINGS THAT DID HAPPEN, UH, AND IT'S NOT SO MUCH IMPORTANT 'CAUSE OF ME, BUT, UH, THERE'S BEEN AN OFF AND ON SHOULD WE RECORD THE PLANNING COMMISSION MEETINGS OR NOT? UH, UH, ONE BOARD MEMBER IN PARTICULAR REACHED OUT TO ME, NOT SO MUCH BECAUSE OF MY COMMENTS, BUT THEY WAS WANTING, THEY WEREN'T ABLE TO BE HERE FOR THE PUBLIC HEARING.
AND, UH, SOME OF THE BOARD MEMBERS FEEL THAT THAT IS A GOOD TOOL THAT HEY, WE CAN SEE THAT PUBLIC HEARING AND SEE WHAT INFORMATION WAS GIVEN TO ACTUALLY GET A FEEL, UH, FOR WHERE THIS IS GOING AND YOU KNOW, WHAT, WHAT OBSTACLES TO EXPECT AND YOU KNOW, HOW TO ADDRESS THINGS.
AND UH, AND I THINK IT'S PROBABLY A GOOD IDEA 'CAUSE UH, IF THEY COULDN'T MAKE ANY, IN OTHER WORDS, THERE'S VOICES COULD BE LOST A LITTLE BIT 'CAUSE LITERALLY WITH NO OTHER RECORD OF IT, UH, YOU KNOW, 40 YEARS AGO IT WAS DIFFERENT.
HE WAS COMPLETELY DEPENDENT ON PRESS AND BEING HERE.
UH, TODAY'S TECHNOLOGY, OH, WE GOT BETTER WAYS TO RECORD THAT INFORMATION.
I DON'T, YOU KNOW, AND IT, AND IT LOOKS LIKE MOVING FORWARD WE'RE GONNA START RECORDING THESE THINGS, UH, IS WHAT I, THAT THAT IS CORRECT.
UH, I MEAN, THANK THANK GOODNESS THAT, UH, OUR PRESS AGENT HERE GETS IT RIGHT EVERY TIME.
WELL NOW, WELL NOW THAT YOU MENTIONED THAT, NOW THAT YOU MENTIONED THAT WE, WE MIGHT HAD A LITTLE DISCUSSION ABOUT THAT OR MAYBE, UH, CERTAIN SOMEONE ELSE GOT AN ARTICLE IN THAT KIND OF COUNTERACTED WHAT I SAID, BUT I DIDN'T MAKE THE PAPER.
BUT, UH, SO WE HAD TO REACH OUT TO THE BOARD TO GET THAT POINT ACROSS.
BUT YEAH, THE POINT THAT YOU'RE BRINGING UP IS, YEAH, IT, IT, IT DOES ALLOW US, UH, TO MORE QUICKLY GET THE, WE'LL SAY MINUTES OR YOU KNOW, WHAT HAPPENED OUT TO THE PUBLIC AND TO OUR BOARD MEMBERS.
UM, THERE IS USUALLY A LAG IN, YOU KNOW, JUST DRAFTING OUR MINUTES FOR, FOR STAFF TO BE ABLE TO DO THAT.
SO WE ARE, UM, POLICY-WISE WE'RE GOING, WE'RE TONIGHT WE WERE RECORDING 'EM.
UM, THEY WEREN'T ABLE TO BE LIVE STREAMED THIS EVENING.
UM, THAT IS SOMETHING THAT DR.
DALEY IS GONNA TAKE UP WITH THE BOARD AND, UM, OUR IT, UM, MANAGER, UM, TODD JONES.
SO WE'LL SEE ABOUT THAT IN THE FUTURE.
BUT HERE ON OUT WE DO PLAN ON VIDEO, THE, THE MEETINGS AND THEN THEY WILL BE POSTED TO THE WEBSITE FOLLOWING DAY OR DAY AFTER, UM, FOR THE BOARD MEMBERS TO REVIEW THOSE I THINK.
SO IT'S JUST, YEAH, IT'S ANOTHER TOOL.
AND THE LAST THING THAT I GOT WAS, IS THOUGH I AM WORKING WITH THE REPUBLICAN COMMITTEE AND I DO HAVE THEIR SUPPORT TO START THE REMOVAL PROCESS FOR VICKI COOK.
WE WENT TO THE REGISTRAR'S OFFICE TO SEE ABOUT THE PETITION AND IT'S ACTUALLY DONE THROUGH THE CIRCUIT COURT.
IT'S GONNA BE A VERY INTERESTING PROCESS.
'CAUSE IT, I DIDN'T HAD NO, OBVIOUSLY NO IDEA HOW IT'S DONE.
AND A LOT OF PEOPLE DON'T ALL, BUT IT IS A, UH, PROCEED.
IT'S A VERY DISTINCT SET OF RULES ON THE PETITION, WHO'S ALLOWED TO SIGN IT.
[01:10:02]
BE A REGISTERED VOTER THAT PARTICIPATED IN THAT ELECTION? SO THAT'S IN THE RULES.NOW I'M REACHING BACK OUT TO THE REGISTRAR'S OFFICE.
IT'D BE A LOT SIMPLER TO HAVE A LIST OF VOTERS THAT PARTICIPATED RATHER THAN KNOCKING DOORS TO SEE WHO DID OR DIDN'T.
SO, UH, THAT PROCESS IS MOVING FORWARD AND I'LL JUST BE CURIOUS HOW IT ALL WORKS WHEN IT'S SAID AND DONE.
SO WE'RE STILL DOING THE RESEARCH ON IT, BUT, UH, WE'RE MOVED.
UH, I WANNA THANK CHASE THIS PAST WEEK BECAUSE, UH, HE WAS A TEXT AMENDMENT WRITING PERSON AND HE WAS JUST GOING AT IT
SO I WANT TO THANK HIM, YOU KNOW, FOR, FOR REALLY HELPING OUT AND, YOU KNOW, UH, PUTTING THEM TOGETHER.
BUT CHASE, IF YOU WANT TO ADD ANYTHING, I JUST WANT TO THANK HIM FOR THAT.
YEAH, IT'S DEFINITELY BEEN FUN BEING VERONICA FOR SURE.
UH,
YEAH, YOU SURE MADE IT CONFUSING.
I HAD TO GO BACK TO READ A AGAIN AFTER READING B.
WELL THE POSITION'S OPEN IF YOU WANT TO.
NO, I HAD TO TAKE ANOTHER PRIVILEGE IN.
YOU MEAN TO TELL ME YOU'RE NOT OPEN TO MORE NIGHT MEETINGS?
OUR NEXT ITEM, UH, CAITLIN, YOU GOT ANYTHING? I HAVE NOT
CHASE, YOU GOT ANYTHING ELSE? YEAH, I'LL JUST QUICKLY, UH, COVER THE B Z A MEETING WE HAD LAST THURSDAY.
UM, SO THIS IS THE FIRST ZONING, UH, VARIANCE APPLICATION.
I, I HAVE PROCESSED FOR A PROPERTY, NOT ZONED RESIDENTIAL OR AGRICULTURAL.
UH, SO THIS WAS AN INDUSTRIAL PROPERTY.
THERE WAS A, THEY'RE REQUESTING TO REDUCE THE, UH, BUFFER BETWEEN THIS PROPERTY, THE SITE, AND UH, AN ADJACENT AGRICULTURAL ZONING DISTRICT.
UH, THE, THE B Z A DID FIND, UM, BASICALLY THAT THE BURDEN OF PROOF WAS NOT MET BY THE APPLICANT AND THAT THEY HAD EXPLORED ALL THEIR OPTIONS FOR MEETING THE ORDINANCE AND THAT IT WOULD HAVE AN IMPACT ON THE SUBSTANTIAL DETRIMENT TO THE ADJO ADJOINING PROPERTY OWNERS.
AND THEY DID END UP DENYING THE VARIANCE APPLICATION.
IT WAS KIND OF ALMOST LIKE A SITE PLAN WAIVER TYPE REQUEST, ALMOST KIND OF ALMOST UP YOUR GUYS' ALLEY.
AND THAT'S ALL I HAVE FOR NOW.
WITH THAT, THERE'S ONLY ONE OTHER THING I SEE ON THE AGENDA WITH OUR MOTION TO ADJOURN.