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TO RECRUIT MYSELF FROM[*This meeting was joined in progress*]
[VI.A. R2023-07-01 - Slate Run Farm, LLC - 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 is requested to be rezoned from Agricultural (A) to Commercial is 4.47 acres. The properties identified on tax map 12 as lot 6 and on tax map 4 as lot 41 are requested to be rezoned from Agricultural (A) to Industrial (I) and are 443.74 +/- acres. The properties are located off Winchester Road in the North River Magisterial District. - Matt Wendling, Planning Director]
THIS FOR, I HAVE FIDUCIARY DUTIES TO BOTH THE H O A AS THE PRESIDENT OF THE ASSOCIATION BOARD MEMBER AND TO THE COUNTY AS A PLANNING COMMISSIONER.SO I NEED TO STEP ASIDE ON THIS ONE.
DULY NOTED WITH THAT, MR. LING.
UH, YEAH, THE APPLICANT IS, UH, PROPOSING THESE, UH, REZONINGS AND HAVE PROFFERED, UH, THAT NO MORE THAN, UH, 25,000 SQUARE FEET OF DWELL OF BUILDINGS BE PLACED ON THE PROPERTY, ON THE, UH, FOR THE INDUSTRIAL LOT AND, UH, 25,000 SQUARE FEET FOR COMMERCIAL END USES.
UH, THE APPLICANT IS REALLY JUST APPLYING FOR A, A BLANKET REZONING FOR IT WITH NO SPECIFIC, UH, LAND USES INDICATED.
UM, VDOT HAS, UH, RECEIVED, UH, TRAFFIC IMPACT ANALYSIS FROM THE APPLICANT AND THEIR ENGINEER AND THEIR ANALYSIS WAS DONE FOR, UH, AN INDUSTRIAL PARK FOR THE, UH, INDUSTRIAL AREA AND A STRIP RETAIL PLAZA FOR THE, UH, COMMERCIAL AREA.
THESE, THESE ARE MODERATE USES THAT, UH, WOULD GENERATE A MODERATE AMOUNT OF TRAFFIC.
UM, SINCE OUR LAST MEETING, THE VDOT HAS REVIEWED THAT, UH, T I A, IT'S CURRENTLY UNDER REVIEW BY THEIR BOTH THEIR STANTON OFFICE AND THEIR EDINBURGH RESIDENCY.
UH, WE HAVE NOT RECEIVED COMMENTS FROM THEM, UH, AND THEY ARE PLANNING FOR A, UH, A MEETING, AN ENGINEERING MEETING, UH, IN THE NEXT COUPLE WEEKS.
UM, AND THEY WOULD HOPE TO HAVE COMMENTS BY THE NEXT, UH, PLANNING COMMISSION MEETING IF THIS IS, UH, TABLED OR THE PUBLIC HEARING IS POSTPONED UNTIL THAT TIME, UM, STAFF IS, UH, RECOMMENDING TO THE PLANNING COMMISSION TO, UH, WITHOUT THOSE COMMENTS THAT, UM, DISCUSSION CAN TAKE PLACE OBVIOUSLY, AND, AND, UH, THE PUBLIC, UH, HEARING TAKES PLACE.
BUT, UM, WE, I WOULD RECOMMEND THAT, UM, THE, THE APPLICATION, UH, EITHER BE TABLED OR POSTPONED UNTIL THAT TIME FOR THE, UH, COMMENTS TO COME TO THE PLANNING COMMISSION.
THAT'S PROBABLY THE BIGGEST, UH, ITEM RELATING TO THIS REZONING AT THIS POINT IN TIME.
WE HAVE RECEIVED COMMENTS FROM, UH, OUTSIDE AGENCIES, THE PROPERTY, UH, AS AS BEING REZONED, UH, FOR COMMERCIAL AND INDUSTRIAL.
UH, THE TOWN HAS AGREED THAT AND PASSED A RESOLUTION THAT THEY DO PROVIDE PUBLIC, UH, SEWER WATER TO, UH, COMMERCIAL AND INDUSTRIAL.
UM, JUST READ ONE ITEM HERE I WANTED TO, TO GO OVER.
UM, SO THE APPLICANT HAS SUBMITTED A REVISED PROFFER STATEMENT, WHICH ADDRESSED SOME OF THE TRANSPORTATION AND SITE ACCESS AND PRO PROHIBITS SOME LAND USES IN THE INDUSTRIAL ZONING DISTRICT.
THE VOLUNTARY PROFFERS ARE SUBJECT TO CHAINS BASED ON COMMENTS FROM VDOT ON THE TRAFFIC STUDY AND FROM PLANNING COMMISSION AND STAFF.
UH, STAFF WILL RECOMMEND THAT ALL ROADS, UH, WITHIN THE, UH, THE PROPERTY, UH, BE BUILT TO STATE STANDARDS AND THAT WILL BE A PROPER REQUEST THAT WE WILL HAVE FOR THE APPLICANT.
UM, THE APPLICANT IS HERE THIS EVENING AND THEY, THEY'RE, UH, UH, ENGINEER FROM AND PLANNER FROM, UH, GREENWAY ENGINEERING.
UH, MS. WHITAKER IS HERE AND SHE WOULD, I BELIEVE SHE'D LIKE TO COME UP AND SPEAK ON THIS.
UM, UH, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
JASON PROPERTY OWNER'S NOTIFIED AND I'LL BE GLAD TO ANSWER ANY OTHER QUESTIONS YOU MIGHT HAVE.
ALRIGHT, SO APPLICANT DESIRES TO DO THE PRESENTATION.
PLEASE COME FORWARD THE GOOD EVENING.
UM, I'M MARISSA WHITAKER WITH GREENWAY ENGINEERING.
I'M REPRESENTING SLATE RUN FARM FOR THEIR REZONING TO INDUSTRIAL AND COMMERCIAL.
UM, AS MR. WENDLING HAD MENTIONED, WE HAVE BEEN WORKING WITH VDOT.
THEY HAVE REQUESTED SOME CHANGES TO THE PLANS, WHICH IS WHAT HAS KIND
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OF HELD UP THEIR REVIEW ON THE TRAFFIC STUDY.THEY HAD, UM, KIND OF LAST MINUTE REQUESTED THAT WE SHOW THE FUTURE ROUTE 3 45 22 IMPROVEMENTS ON THE PLAN, WHICH IS ONE OF THE CAUSES FOR DELAY.
UM, THE MAIN ITEMS THAT I FEEL WE SHOULD ADDRESS IS, YOU KNOW, WITH, WITH THE PROPOSED PLAN, WE SHOW TWO ENTRANCES AN EMERGENCY ACCESS EASEMENT AND AN INTERAL CONNECTOR, UM, PER THE, THE WARREN COUNTY ZONING ORDINANCE, WE ONLY NEED TO HAVE ONE ENTRANCE FOR THIS PROPERTY AND WITH THE SECOND ENTRANCE, THAT'S SOMETHING THAT WE CAN ADDRESS IN THE FUTURE AS THE, AS THE DEVELOPMENT PROGRESSES.
BEING THAT THIS IS A BLANKET REZONING, WE DON'T KNOW WHAT IS GONNA GO IN THERE AND WE DON'T KNOW HOW LONG IT'S GOING TO TAKE FOR THIS PROPERTY TO COMPLETELY DEVELOP.
UM, ONE OF THE OTHER ITEMS THAT I KNOW WAS A CONCERN OF BLUE RIDGE SHADOWS RESIDENTS WAS THE EMERGENCY ACCESS EASEMENT THAT DOES CONNECT WITHIN THEIR SUBDIVISION.
UM, THAT EASEMENT OR THAT ACCESS WOULD BE SPECIFICALLY FOR EMERGENCY VEHICLES ONLY DURING A TIME OF AN EMERGENCY.
SO THAT'S JUST DISTRESS TO THE PUBLIC THAT THERE WILL NEVER BE ANY USE BY ANY TRACTOR TRAILERS OR, UM, EMPLOYERS THAT WORK IN THOSE PROPERTIES.
I ALSO CONTACTED THE FIRE MARSHAL'S OFFICE REGARDING THEIR REQUIREMENTS TO GATE THE PROPER, TO GATE THE EASEMENTS IN WHICH THERE IS NO REQUIREMENT, BUT THAT IS SOMETHING THAT WE WOULD PROPOSE TO DO AND PUT A KNOCK BOX LOCKBOX ON THERE AS REQUESTED BY THE, BY THE FIRE MARSHAL'S OFFICE, AND THAT WOULD BE ON THE INDUSTRIAL SIDE TO, YOU KNOW, VERIFY THAT NOTHING CAN GET IN OR OUT OF THAT AREA AS AN EXTRA PROTECTION TO THOSE RESIDENTS.
UM, AND LET'S SEE HERE, WHAT ELSE DO WE HAVE? UM, REGARDING BACK TO THE SECOND ENTRANCE, AGAIN, THAT IS CURRENTLY ON THE BOARD OF SUPERVISORS TO VACATE AN EXISTING 60 FOOT EASEMENT.
UM, BUT AN ARGUMENT OF THAT, THIS IS SOMETHING THAT IF YOU, WHEN YOU LOOK IN YOUR COMP PLAN, THAT ROAD DOES SHOW THAT THE, THE FUTURE, THERE'S A FUTURE ROAD THAT WILL BE GOING THROUGH THAT EXISTING EASEMENT THAT IS ALREADY THERE.
UM, AND THEN TO ADDRESS THE, ANOTHER ITEM WITH THE, WITH THE RESIDENTS, WE WOULD PROPOSE, UM, A MINIMUM OF A 550 FOOT BUFFER BETWEEN THE BLUE RIDGE SHADOW SUBDIVISION AND THE INDUSTRIAL PART OF THE PROPERTY.
SO OTHER THAN THOSE ITEMS, WHILE WE ARE WAITING ON B DOT COMMENTS WITH, YOU KNOW, WE WOULD LIKE TO ASK THAT YOU PASS US ON TO THE BOARD OF SUPERVISORS AND IN SUPPORT OF THIS PROJECT, UM, THIS PROJECT WILL HAVE A HUGE ECONOMICAL IMPACT ON WARREN COUNTY.
IT'LL BRING IN SO MANY TAXES, TAX DOLLARS FROM THE INDUSTRIAL USE.
UM, WE ALSO JUST WANT TO AGAIN, JUST STRESS THAT THIS IS A BLANKET REZONING AND WE DO DO NOT HAVE ANY END USERS AT THIS POINT.
AND BEFORE WE OPEN THE PUBLIC HEARING, ALLISON, COULD YOU PLEASE READ ABSOLUTELY PROCEDURES THAT'S WAS POSTED THERE, BUT WE WANNA READ 'EM TO YOU ANYHOW.
SO HERE ARE THE, HERE ARE THE GUIDELINES FOR THE PUBLIC HEARING.
ALL OF THE INDIVIDUALS WHO WISH TO SPEAK SHOULD REGISTER USING A SHEET MADE AVAILABLE BY THE SECRETARY PRIOR TO THE OPENING, THE PUBLIC HEARING.
THE REGISTRATION SHEET SHALL CONTAIN COLUMNS FOR THE SPEAKER'S NAME, ADDRESS, AND TELEPHONE NUMBER.
THE REGISTRATION SHEET SHALL BE PRESENTED BY THE SECRETARY TO THE CHAIRMAN PRIOR TO THE START OF THE PUBLIC HEARING.
THE CHAIRMAN SHALL READ THE NAMES OF THE REGISTRANTS UNTIL ALL HAVE HAVE SPOKEN.
ADDITIONAL INDIVIDUALS MAY REGISTER TO SPEAK UNTIL THE CONCLUSION OF THE HEARING.
THE CHAIRMAN SHALL REQUEST THAT A, THAT THE APPROPRIATE COUNTY STAFF MEMBER GENERALLY DESCRIBE THE SUBJECT OF THE PUBLIC HEARING.
UPON THE CONCLUSION OF THE INTRODUCTION, THE CHAIRMAN SHALL OFFICIALLY OPEN THE PUBLIC HEARING ANY APPLICANT SHALL THEN BE ALLOWED A PERIOD OF TIME TO
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PRESENT DETAILED INFORMATION ABOUT THE ISSUE OR APPLICATION.THE TIME ALLOTTED FOR THIS PRESENTATION SHALL BE DETERMINED BY THE CHAIRMAN.
THE CHAIRMAN HAS SAID IT AT THREE MINUTES.
AT THE CONCLUSION OF THE APPLICANT'S PRESENTATIONS, THE MANAGERS OF THE PLANNING COMMISSION SHALL BE ALLOWED TO ASK QUESTIONS OF THE APPLICANT AND STAFF TO SO AS TO CLARIFY ANYTHING THAT HAS BEEN PRESENTED.
WHEN NO FURTHER QUESTIONS ARE NEEDED, THE PUBLIC SHALL BE INVITED TO SPEAK.
SPEAKERS SHALL BE HEARD IN THE ORDER IN WHICH THEY ARE REGISTERED TO DO SO.
SPEAKERS SHOULD COME TO THE PODIUM TO SPEAK.
SPEAKERS ARE REQUESTED TO SPEAK INTO THE MICROPHONE GIVEN THEIR GIVING THEIR NAME AND ADDRESS BEFORE ADDRESSING THE ISSUE OF THE HEARING.
SPEAKERS ARE REQUESTED TO KEEP COMMENTS SHORT AND AVOID REPETITION OF WHAT OTHER SPEAKERS HAVE SAID.
THE CHAIRMAN AT THE REQUEST OF THE MAJORITY OF THE PLANNING COMMISSION MAY ESTABLISH A TIME LIMIT FOR EACH SPEAKER.
INDIVIDUALS REPRESENTING A GROUP RECOGNIZED BY THE CHAIRMAN SHALL BE GIVEN UP TO 10 MINUTES TO SPEAK OR SUCH TIME LIMIT THAT SUCH TIME LIMIT AS MAY BE SET IN ADVANCE OF THE HEARING BY THE PLANNING COMMISSION.
EACH INDIVIDUAL MAY SPEAK ONCE AT THE HEARING.
WHEN ALL SPEAKERS WHO REGISTER HAVE SPOKEN THE FLOOR WILL BE OPEN TO ANYONE WHO HAS NOT REGISTERED AFTER EVERYONE WHO WISHES TO SPEAK HAS DONE SO.
THE APPLICANT WILL BE GRANTED A PERIOD OF TIME TO RESPOND TO WHAT HAS BEEN SAID BY THE PUBLIC.
THE APPLICANT WILL USE THIS TIME ONLY TO ADDRESS WHAT HAS BEEN SAID TO THIS POINT.
IF AT ANY TIME DURING THESE PROCEEDINGS, ANY MEMBER OF THE PUBLIC HAS A QUESTION, IT MAY BE WRITTEN AND PRESENTED TO THE PLANNING COMMISSION SECRETARY, THAT WOULD BE ME.
WHEN THE APPLICANT HAS COMPLETED THE FINAL PRESENTATION, THE CHAIRMAN WILL READ QUESTIONS AND REQUEST RESPONSE FROM THE APPROPRIATE PARTY.
THE PLANNING COMMISSION WILL ACCEPT COMMENTS IN WRITING UNTIL THE CLOSE OF THE PUBLIC HEARING.
WHEN ALL OF THE ABOVE HAS TRANSPIRED, THE PUBLIC HEARING SHALL BE CLOSED.
THE CHAIRMAN BY APPROVAL OF THE PLANNING COMMISSION, HAS THE AUTHORITY TO VARY THE GUIDELINES AS MAY BE NECESSARY.
NOW FOR THE GENERAL RULES, RULES OF CONDUCT, ALL COMMENTS MUST BE DIRECTED TO THE PLANNING COMMISSION AND NOT TO OTHER MEMBERS IN THE AUDIENCE.
BE CONSIDERATE OF YOUR FELLOW SPEAKERS.
THERE SHOULD BE NO APPLAUSE, BOOING, OR OTHER AUDIBLE DISRUPTIONS OF TO THE PROCEEDINGS.
THROUGH A SHOW OF HANDS, THE CHAIRMAN MAY ASK FOR A SHOW OF SUPPORT FOR COMMENTS MADE BY SPEAKERS.
PLACARDS, POSTERS, AND OTHER MEANS OF VISUAL DISPLAY OF COMMENTS WILL NOT BE PERMITTED IN THE BOARD MEETING ROOM.
THIS DOES NOT INCLUDE INFORMATION OR MATERIALS USED AS PART OF A FACTUAL PRESENTATION TO THE PLANNING COMMISSION AT THE HEARING.
THE PLANNING COMMISSION WILL NOT TOLERATE PERSONAL ATTACKS BY ANYONE ON ANY OF THE PARTICIPANTS IN THE PROCEEDINGS.
ANYONE WHO VIOLATES THE GUIDELINES OF THE PUBLIC HEARINGS MAY BE ASKED TO LEAVE BY THE CHAIRMAN.
WE THANK YOU FOR YOUR PART PARTICIPATION IN THIS PUBLIC HEARING.
IT IS ONLY THROUGH YOUR ACTIVE PARTICIPATION THAT THE PLANNING COMMISSION CAN FULLY UNDERSTAND THE SENTIMENTS OF THE PUBLIC ON MATTERS THAT HAVE COME BEFORE THE PLANNING COMMISSION.
AND WITH THAT, THIS PUBLIC HEARING IS NOW OPEN.
AUTHOR IS THE FIRST TO SIGN UP.
MR. CHAIRMAN, IF I MAY, UM, PURSUANT TO OUR GUIDELINES, THE MAJORITY OF THE COMMISSION HAS TO SET THE TIME LIMIT FOR EACH SPEAKER.
IF THE PLANNING COMMISSION CAN MOVE FORWARD TO DO THAT.
THE CURRENT TIMELINE LIMIT IS THREE MINUTES.
ANYONE WANNA MAKE A MOTION TO MAKE A MOTION TO LIMIT THE TIME TO THREE MINUTES PER SPEAKER.
ALL THOSE IN FAVOR OPPOSED? AYES HAVE IT NOW WE ARE OPEN.
WHO'S THE FIRST? OKAY, THE FIRST PERSON IS SHEILA ASBURY.
AND I APOLOGIZE IN ADVANCE IF I MISPRONOUNCE YOUR NAME.
OUR ADDRESS IS 86 ALBATROSS COURT IN FRONT ROYAL IN BLUE RIDGE SHADOWS SUBDIVISION.
THANK YOU FIRST FOR LISTENING TO US AND TAKING INTO CONSIDERATION THE, THE ISSUES OR CONDITIONS THAT WE HAVE.
THE BLUE RIDGE SHADOWS SUBDIVISION HOMEOWNERS ON BEHALF OF ITS MEMBERS OFFERS THIS CONDITIONAL SUPPORT OF THE REZONING REQUEST OF THE 448 POINT 21 ACRES OF LAND THAT IS ADJACENT TO THE BLUE RIDGE SHADOWS COMMUNITY WITH 1 4 4 0.47 ACRES FROM AGRICULTURAL TO COMMERCIAL OR RETAIL OFF OF 5 22 AND 443.74 ACRES FROM AGRICULTURAL TO INDUSTRIAL.
THIS CONDITIONAL SUPPORT IS OFFERED SUBJECT TO THE FOLLOWING RESIDENT CONCERNS.
V.EMAIL ATTACHED, I THINK YOU HAVE COPIES OF THAT.
SLATE STATED THAT SLATE FARM RUN L L C DOES NOT REQUIRE
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AN EMERGENCY ACCESS.THE EASEMENT ON FLAGSTICK COURT WAS GRANTED TO THE SEAFORD FARM.
THE FLAG, THE FLAGSTICK COURT, UH, EASEMENT, SORRY, SHOULD REMAIN ACCESSIBLE FOR THE SIFORD FARM ONLY.
AND NOT ONLY FOR IT, BUT NOT HEAVILY FOR THE HEAVILY CONSTRUCTION EQUIPMENT THAT WAS THERE EARLIER THIS SUMMER.
RESIDENTS ARE CONCERNED THAT HAVING THIS ROAD CONNECTED TO THE INDUSTRIAL PARK WILL ALLOW FOR AN UNPLANNED AND UNRESTRICTED ACCESS POINT THROUGH OUR, INTO OUR NEIGHBORHOOD, WHICH IS FEARED WILL LEAD TO MISUSE, INCREASED TRAFFIC AND OVERSIZED VEHICLE USE.
POINT THREE OR TO, SORRY, FUTURE VDOT AND OTHER UNRESTRICTED ACCESS FROM THE SUBJECT PROPERTY TO JOHN HOPKINS DRIVE NORTH WILL ADVERSELY AFFECT THE SAFETY OF THE RESIDENTS DUE TO THE INCREASED TRAFFIC THROUGH THE SUBDIVISION THAT DOES NOT HAVE SIDEWALKS, NO ADEQUATE SHOULDERS OR LIGHTING FOR ANY SAFE FOOT TRAFFIC.
FINALLY, THE RESIDENTS ARE CONCERNED THAT THIS DESIGNATED TREE SAVE AREA ALONG THE BORDER BETWEEN THE SUBJECT PROPERTY AND BLUE RIDGE SHADOWS IS TOO NARROW.
THE CURRENT PROPOSED BUFFER DOES NOT PROVIDE ADEQUATE DEPTH.
CONSIDER MOVING THE ROAD FARTHER INTO THE SUBJECT PROPERTY SO THAT THE NORTH BEND OF THE PROPOSED ROAD OCCUR CLOSER TO 5 22, THUS ELIMINATING THE DIRECT PASSAGE OF TRUCK VEHICLE TRAFFIC BEHIND THE HOMES OF BLUE RIDGE SHADOWS AND BLUE RIDGE SHADOWS GOLF CLUB HOLD NUMBER 13, WE REQUEST THAT LOWER DENSITY ALONG THE BORDER WITH BLUE RIDGE SHADOWS AND BLUE RIDGE SHADOWS GOLF CLUB, THE BLUE RIDGE SHADOWS, H O A WOULD LIKE THE OPPORTUNITY TO REVIEW AND COMMENT ON ANY OF THE PROPOSED SITE PLAN AS THE PARCELS ARE LEASED AND OR SOLD TO DEVELOPERS AND OR END USERS.
THANK YOU FOR THE OPPORTUNITY TO PROVIDE THESE COMMENTS AND PLEASE LET US KNOW AS AN H O A BOARD IF YOU HAVE ANY QUESTIONS.
WELL, THE AREA YOU'RE TALKING ABOUT FOR EMER, UH, PLEASE STATE YOUR NAME AND ADDRESS FOR JANET WILDMAN AND I LIVE ON NILU SQUARE.
THE AREA THAT YOU'RE TALKING ABOUT, THE EMERGENCY AREA RUNS THROUGH A SENIOR'S COMMUNITY, RUNS DOWN A HILL FOR, THERE'S DITCHES ON BOTH SIDES THAT ARE RATHER DEEP.
A LOT OF THE SENIORS AND A LOT OF THE YOUNG PEOPLE.
HOW WOULD THEY KNOW IF AN EMERGENCY VEHICLE WAS COMING THROUGH? HOW WOULD THEY HEAR THEM? HOW WOULD THEY SEE THEM? EVERYBODY WALKS THEIR DOGS.
HOW WOULD WE KNOW? WE CAN'T SEE.
IT'S HEAVILY WOODED ON BOTH SIDES.
IF THEY WERE TO JUMP OUTTA THE WAY OF A VEHICLE, THEY END UP IN A DITCH.
IT'S NOT SAFE AT ALL IN ANY WAY.
IT'S NOT LIGHTED COVERED WITH WOODS.
AND I THINK IT SHOULD BE CHANGED.
I'M AT ONE 10 NIX SQUARE AND THE SURROUNDING COMMUNITIES THERE OF BLUE RIDGE SHADOWS.
UM, OUR BOARD DOES AGREE WITH THIS, HOWEVER, AS A RESIDENT THERE, I DISAGREE.
UM, I FEEL THAT WE OUGHT TO HAVE MORE RESIDENTIAL PLANNING IN THIS COUNTY THAN WE DO, AND APPARENTLY RESIDENTIAL GETS SHOT DOWN EVERY TIME IT GETS BROUGHT UP.
SO GOING FORWARD, IF YOU DO DECIDE TO GO TO INDUSTRIAL, WE WOULD LIKE TO SEE MORE RESTRICTIONS PLACED ON THE TYPE OF INDUSTRY THAT WOULD BE GOING IN THERE.
UM, MYSELF, I'VE HAD ISSUES WITH, UH, DATA CENTERS, UH, CHEMICAL PLANTS, UM, FACTORIES, THINGS OF THAT SORT.
WE'D RATHER SEE THAT NOT GO IN IF IT DOES GO THIS WAY.
UM, YOUR BUFFER ZONE BETWEEN THE EXISTING ROADS IN AND OUR, UH, COMMUNITY, UH, GRANTED SHE HAD MENTIONED THAT THEY'RE GONNA BE MOVED OUT TO 500 FEET, BUT THERE'S NO SOUNDPROOFING IN THAT PLAN AS FAR AS TALL TREES DON'T ADJUST FOR SAND, UH, SOUND WHEN IT COMES TO TRACTOR TRAILER USE.
UH, IF YOU'RE IN THAT AREA AND YOU CAN HEAR ALL THE JAKE BRAKES AND EVERYTHING THAT GO ON, JUST EVEN THOUGH THEY'RE NOT ALLOWED ON 5 22, THEY STILL DO IT.
SO EVERYTHING ECHOES THROUGH THAT VALLEY OF OUR COMMUNITY THERE.
UM, AND THEN AS FAR AS ADDRESSING THE EMERGENCY ACCESS THAT'S ON THE BACKSIDE OF THE PROPERTY, IT IS AN INGRESS FOR THE EXISTING FARM.
WE DON'T FEEL IT'S NEEDED IF YOU HAVE TWO PROPOSED ENTRANCES TO THIS LOCATION TO BEGIN WITH.
'CAUSE THEN YOU'LL HAVE, UM, INTEREST FOR BOTH EMERGENCY ACCESS ON EITHER END OF THE PROPERTIES.
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UM, THOSE ARE JUST MY COMMENTS AND I APPRECIATE YOUR TIME.I'M AT 50 BOGEY COURT AND MY PROPERTY, UH, LINE IS RUNS ALONG THIS, UH, PROPOSED, UH, CHANGE.
UH, MY ONLY COMMENTS, UH, ONE HAS BEEN ADDRESSED AND THAT IS THE EASEMENT BETWEEN MY PROPERTY AND THE INDUSTRIAL AREA.
UH, 550 FEET, IF THAT'S PROPOSED, I THINK WE COULD AT LEAST WE CAN LIVE WITH IT AT MY HOUSE.
I'M NOT GONNA SPEAK FOR ANYBODY ELSE.
UH, SO LONG AS THEY DON'T TAKE THE TREES DOWN.
IF YOU TAKE THE TREES DOWN, THEN WE'RE GONNA HAVE A PROBLEM.
AND THE OTHER ACTS, THE OTHER CONCERN I HAD WAS THE TRAFFIC COMING THROUGH.
THE CURRENT COUNTY TRANSPORTATION PLAN, WHICH IS 10 YEARS OLD, SHOWS A CONNECTOR ROAD BETWEEN, UH, FAIRGROUNDS ROAD AND RELIANCE.
UH, I HAVE AN OBJECTION TO AN, UH, A CONNECTOR ROAD COMING THROUGH OUR HOUSING DEVELOPMENT.
UH, THE COUNTY'S GONNA HAVE TO FIND, AND YOU'RE PART OF THAT, FIND A DIFFERENT WAY TO, TO CONNECT FAIRGROUND ROAD TO RELIANCE AND NOT COME THROUGH A NEIGHBORHOOD.
IT'S NOT SAFE, AS WE'VE, YOU'VE ALREADY HEARD.
WE DON'T HAVE ANY SIDEWALKS, WE DON'T HAVE ANY STREETLIGHTS.
AND THEREFORE, UH, YOU KNOW, YOU'RE GONNA INCREASE THE DANGER TO THE RESIDENTS IN OUR COMMUNITY.
I, I APOLOGIZE IN ADVANCE, UM, PHIL AND KATHY, Y YEZ YA.
HI, MY NAME IS PHIL YIS AND I LIVE AT 50 BOGEY COURT.
AND HONESTLY, MY THUNDER HAS, OR 49, I'M SORRY,
MY THUNDER'S ALREADY BEEN STOLEN, SO, UH, AND TAKEN.
I I DON'T REALLY HAVE ANYTHING ELSE TO ADD, BUT I ECHO VERY STRONGLY THE CONCERNS THAT HAVE ALREADY BEEN, UH, DEMONSTRATED UP HERE, ESPECIALLY THE ROAD CUTTING THROUGH ON, ON, UM, JOHNS HOPKINS.
AND I, I WAS VERY PLEASED TO HEAR ABOUT THE 550, UH, FOOT, UM, PROTECTION AREA WITH, UH, BUFFER ZONE.
I THINK ANYTHING LESS THAN THAT IS NOT SUFFICIENT.
AND I ALSO AGREE WITH THE, UM, POINT OF SOUND, UH, PREVENTION OR REDUCTION.
AND SO I JUST THANK YOU FOR YOUR TIME AND CONSIDERATION.
AND I, YOU KNOW, WE, WHEN WE MOVED INTO THIS COMMUNITY, WE LOOKED FOR A 55 PLUS COMMUNITY, UM, SPECIFICALLY.
AND, UM, NONE OF THIS WAS EVER BROUGHT UP BY THE DEVELOPER WHATSOEVER.
AND IT'S, UM, YOU KNOW, YOU LOOK FOR PEACE AND QUIET, ESPECIALLY AT THIS AGE.
AND I THINK IT'S, YOU KNOW, I UNDERSTAND DEVELOPMENT.
I'M, AND I SUPPORT IT TO A DEGREE, BUT WITH ALL THOSE CONSIDERATIONS, UM, CONSIDERED, THANK YOU.
AND I WOULD LIKE TO ADD TO YOUR POINT, WHICH I TYPICALLY DO AND DIDN'T THIS TIME, IF SOMEONE DID MAKE YOUR POINT, YOU DON'T NEED TO MAKE IT AGAIN.
YOU CAN JUST COME FORWARD AND SAY, I AGREE WITH SO-AND-SO.
MY QUESTION'S ALREADY BEEN ANSWERED.
I THINK MY QUESTIONS HAVE BEEN ANSWERED.
OKAY, BOB AND ELLEN, I CANNOT READ YOUR LAST NAME.
BOB, YOU ONE, ONE OF THE TWO OF YOU NEEDS TO COME ON.
I THINK IT'S BEEN COVERED PRETTY WELL.
UH, I, I HAVE A LOT OF CONCERNS.
UM, SIR, YOU'RE, YOU'RE GOING TO PLEASE COME FORWARD IF YOU'RE GOING TO OH, IT'S BEEN ANSWERED.
JUST WON'T GET ON PUBLIC RECORDS.
THAT IS THE END OF THE SIGNUP SHEET.
IS THERE ANYONE ELSE IN THE AUDIENCE FOR, OR GUESTS THAT DIDN'T SIGN UP? ANYONE WE'RE SEEING THIS PUBLIC HEARING IS NOW CLOSED AND WITH LACKING V DOT COMMENTS.
QUESTIONS FROM US FIRST? OKAY.
YOU DO GET A REBUTTAL, PLEASE COME FORWARD.
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IF I MISSPOKE.UM, I MAY HAVE MENTIONED THE WRONG NUMBER.
WHEN I WAS TALKING ABOUT THE BUFFER EARLIER, I KEPT HEARING PEOPLE SAY 550 FEET.
IT'S 150 FEET IS WHAT WE WERE PROPOSING AS THE MINIMUM.
AND I, THAT WAS, THAT WAS INCORRECT.
UM, I JUST DID, IT DID NOT COME OUT THE WAY IT WAS SUPPOSED TO.
BUT, YOU KNOW, ONE THING THAT WE CAN ADDRESS THAT IS A MINIMUM AND WE CAN, WE CAN ADDRESS HAVING SOUNDPROOFING UP.
I MEAN, THE TREES ARE EXISTING.
IT'S A VERY TOSSED STAND AND MOST OF THE PLACES, UM, CURRENTLY, UM, THAT ARE EXISTING IN SOME OF THE PLACES WHERE WE HAVE THE TREE SAFE, IT'S WELL OVER 200 FEET ALREADY.
SOME OF THE PLACES IT'S A LITTLE BIT LESS.
SO THAT IS SOMETHING TO CONSIDER.
UM, AND I AM, AM SORRY IF I MISSTATED FIVE 50, IT WAS A COMPLETE ACCIDENT.
UM, BUT ALSO GET THE, THE PROPERTY OWNERS, THEY SAID THAT THEY WOULD BE OKAY WITH REMOVING THE ACCESS, THE EMERGENCY ACCESS EASEMENT THAT GETS TO THE BACK OF THE BLUE RIDGE SHADOWS PROPERTY.
AND WE WILL JUST RELOCATE THAT TO THE INTER PARCEL CONNECTOR AT CABLE ROAD.
IF THERE WAS ANYTHING ELSE, IF YOU ALL HAD ANY QUESTIONS OR ANYTHING AND OUR DISCUSSIONS THAT COME UP, WE'LL CALL YOU.
UH, I WOULD LIKE TO MENTION AND KIND OF ADDRESS, UH, THE, UH, FUTURE TRANSPORTATION PLAN THAT WAS, WE'VE HAD SINCE 2013.
COUNTY STAFF IS AWARE THAT THAT TRANSPORTATION PLAN DOES NEED TO BE REVIEWED.
UM, WE ARE LOOKING AT SOME POINT IN TIME IN THE FUTURE GETTING A, UH, POTENTIALLY GETTING A THIRD PARTY TO BE ABLE TO REVIEW THAT FOR US AND ASSESS, UH, WHERE THAT PLAN IS NOW, 10 YEARS LATER AND ACCOMMODATE, UH, SOME OF THESE COMMENTS THAT WE'RE HEARING FROM THE GENERAL PUBLIC.
UM, AND, YOU KNOW, AS THIS REZONING REQUESTS MOVE FORWARD, UH, WE WILL, UH, FACTOR THAT IN AS FAR AS THE, THE, THE, UH, NEW PLAN.
SO WE, WE UNDERSTAND, UH, THE CITIZENS' CONCERNS ON THAT PLAN AND DO HAVE PLANS TO, UH, UPDATE IT AT SOME POINT IN TIME.
ANY QUESTIONS, COMMENTS ON THE CONNECTOR ROAD ON I ABSOLUTELY.
WE DON'T WANT ANY TRUCK OR CONSTRUCTION TRAFFIC, BUT BLUE RIDGE SHADOWS, THERE'S ONLY ONE WAY IN AND OUTTA THAT PLACE.
AND IF THERE'S A WRECK AT THAT BRIDGE MM-HMM.
AND OH, I, YOU KNOW, IT'S NOT HURTING OR HELPING THEM.
THEY DON'T CARE WHETHER YOU WANT IT IN THERE OR NOT.
BUT I WOULD STRONGLY RECOMMEND HAVING THAT ROAD PUT IN GRAVEL AND HAVE IT GATED ON THE INDUSTRIAL SIDE, LIKE THEY SAID.
AND ONLY FIRE AND RESCUE WOULD HAVE A KEY.
IT'S NOT FOR FIRE AND RESCUE TO GET TO YOUR SUBDIVISION TO THEM 'CAUSE THEY'VE GOT TWO ENTRANCES OUT ON 5.2.
AND IF IT'D BE A RACK AT THE BRIDGE, THERE'S NO OTHER WAY ACROSS UNLESS, YOU KNOW, YOU REALLY GET INTO AN OFF-ROAD KIND OF SITUATION.
I, I AND THE REASON WHY THAT, UM, WHEN THEY WERE PROFFERING SOME OF THESE CONNECTOR ROADS AND STUFF, I WAS HERE FOR A LOT OF THAT DISCUSSION AND THAT WAS ALWAYS A CONCERN FOR THE SUBDIVISION WAS ANOTHER WAY IN AND OUT.
'CAUSE THEY HAD, UH, SOME FUNNY ISSUES WITH THE BRIDGE.
THEY DIDN'T KNOW WHETHER THE ONE OF THE BUTMAN WALLS WERE POURED A LITTLE CROOKED OR WHETHER IT MOVED AND THAT VDOT HELD THAT APPROVAL UP FOR MONTHS TO MAKE SURE THAT IT WAS SAFE.
AND, UH, SO I, I DON'T CARE WHETHER IT'S THERE OR NOT, BUT IF I LIVED IN THAT SUBDIVISION, I WOULD WANT IT IN AND ONE A GATE BECAUSE THAT'S, I IT'S NOT FOR THEM TO GET OUT, IT'S FOR SOMEONE TO GET IN AND HELP YOU.
UH, SO I WOULD, IF IT WAS ME, I WOULD KEEP THAT IN.
UH, AND THEN THE, UH, OF COURSE, AND THEN WE HAD A DEBBIE DOWNER COME UP WITH THE WRONG NUMBER AND THEN IT WAS ALL, ALL THE TREES AND SCREENING ARE GONNA BE VERY IMPORTANT IN THIS BUFFER AREA, UH, FOR SOUND VISIBILITY.
UH, I'M SURE WE'D HAVE SOME LANGUAGE IN THERE TO SAY THAT THERE'S TREES NEED TO BE LEFT IN.
IS THAT WRITTEN IN THE YEAH, WE CAN, WE CAN VERIFY AND MAKE SURE THAT'S IN THE PROFFERS, UM, UH,
[00:30:01]
THAT, THAT'S DONE.AND, AND, UM, THE ONE 50 DOES MEET THE REQUIREMENTS FOR ACTIVE AND INACTIVE BUFFER ACCORDING TO OUR ORDINANCE.
UM, IT WOULD BE UP TO THE APPLICANT TO PROVIDE ANY ADDITIONAL, UM, WHAT IS, WHAT IS THE MINIMUM REQUIREMENT, DO YOU KNOW? WELL, UH, I'M GONNA LEAVE THAT TO CHASE.
DO YOU HAVE THAT UP? HE, HE CAN TAKE, I, I BELIEVE FOR TOTALLY INACTIVE IT'S, UH, TWO 50 FOR LIKE TOTALLY FOR ACTIVE AND INACTIVE.
AND THEN THERE'S ONE OTHER NUMBER.
UH, I'M SORRY, I DON'T HAVE MY CODE OUT.
YEAH, SO IT DEPENDS ON THE TYPE OF SCREENING PROVIDED IT'S BROKEN DOWN BY FULL SCREEN LANDSCAPE SCREEN AND NO SCREEN FOR THE CATEGORY BETWEEN SUBURBAN RESIDENTIAL AND INDUSTRIAL.
IF THERE A FULL SCREEN, THERE IS A 50 FOOT INACTIVE BUFFER REQUIRED WITH A 25 FOOT ACTIVE BUFFER.
SO IT'S A TOTAL OF 75 FEET WITH A LANDSCAPE SCREEN.
IT IS A 100 FOOT INACTIVE BUFFER REQUIRED IN 50 FOOT ACTIVE BUFFER.
AND IF THERE'S NO SCREEN AT ALL, IT DOES REQUIRE 250 FEET OF AN INACTIVE BUFFER AND 50 FEET OF AN ACTIVE BUFFER FOR A TOTAL OF 300 FEET.
WELL, THEY WOULD MEET THE SECOND CRITERIA, BUT I, YOU KNOW, IT NEEDS TO BE SOME TREES AND STUFF IN THERE.
IS IS THE CURRENT VEGETATION, DOES IT MEET LEVEL ONE OR LEVEL TWO DO YOU THINK? SO FOR A FULL SCREEN, UH, AN EXISTING WOODLAND STRIP OF 50 FEET CAN MEET THE DEFINITION OF A FULL SCREEN.
SO UNDER, UNDER THE CURRENT CODE, IF WE LEAVE THAT WOODED BUFFER, UH, TECHNICALLY THEY WOULD BE DOING TWICE WHAT WAS REQUIRED.
IF THE, THEY KEEP AT LEAST 50 FEET FOOT WIDE, UH, WOODED STRIP, UH, ALONG THE PROPERTY BOUNDARY, THEY WOULD QUALIFY FOR A 75 FOOT BUFFER, WHICH WOULD BE 50 FOOT INACTIVE, 25 FOOT ACTIVE.
AND THEY, AND THEY'VE GOT 150 THERE AND HOPEFULLY THEY'LL LEAVE EVERY TREE POSSIBLE AND YEAH, MAYBE PLANT A FEW BACK IF NEEDED.
UH, MAYBE SOME EVERGREENS OR SOMETHING IN THERE TO YEAH.
TO BREAK THAT NOISE A LITTLE BETTER.
THE, UH, I WAS GONNA SAY THEN HOPEFULLY TOO, TYPICALLY WITH SITE DEVELOPMENT, GETTING RID OF EXCESS TOPSOIL IS A PROBLEM, BUT YOU CAN ALWAYS BUILD A BERM ON THE OTHER SIDE OF THE ROAD.
YEAH, THE, UH, LET'S SEE HERE.
WHERE'S MY NOTES AT THE CONNECTOR ROAD? LIKE I SAY, THAT'S, THAT'S JUST MONEY FOR THEM.
I, I WOULD WANT TO THERE, IF I WAS THERE, I'LL DEFINITELY HAVE TO KEEP THE TREES IN THE BUFFER ZONE AND IF THEY'RE NOT NOT THERE, THEY NEED TO BE PLANTED.
UM, I KNOW VDOT, UM, HAS STILL GOT SOME WORK TO DO.
UH, WHAT WOULD BE IN THAT VDOT REPORT? I MEAN, THIS IS IN OUR COPPER LONG-TERM COMPREHENSIVE PLAN.
I MEAN, THIS IS OUR ONLY, THE COUNTY'S ONLY COMMERCIAL INDUSTRIAL TO KEEP TAXES UNDER CONTROL.
UH, SOUTH RIVER, THERE'S NO INTERSTATE, SO THERE'LL NEVER BE NO COMMERCIAL INDUSTRIAL THERE.
I MEAN, THIS IS PART OF THE, THE, THE SCOPE, THE SCOPE OF THE PLAN ACTUALLY VIEWED THAT, REQUESTED TO GO ALL THE WAY DOWN, I BELIEVE TO 66.
SO THE, THE FULL LENGTH OF, OF THIS, UM, YOU KNOW, DOWN TO 66, IT WAS QUITE A, QUITE A, UH, T I A THAT THEY REQUESTED ON THIS.
AND THERE ARE, AS YOU SEE WITH THIS, UH, THERE ARE THREE POTENTIAL ENTRANCES TO THE PROPERTY.
UH, CURRENTLY, UH, ONE IS MENTIONED BY MS. WHITAKER, UH, CURRENTLY, ONE IS A AGREEMENT WITH THE PROPERTY OWNER TO PROVIDE A 60 FOOT EASEMENT BEHIND LONGS THERE.
IS THAT THE ONE THAT'S, UH, NEXT TO MR. LONGS? UH, YEAH, BUT THE, UH, NATURAL GAS COMPANY HAS REQUESTED A 25 FOOT, UH, EASEMENT FROM MR. LONG.
AND MR. LONG HAS BROUGHT THAT TO THE BOARD.
UH, THE BOARD HAS NOT MADE ANY, UH, DECISION ON THAT.
THEY'RE AWAITING REALLY KIND OF AWAITING WHAT VDOT IS GONNA SAY ABOUT THESE.
HOPING THERE'S ENOUGH ELBOW ROOM, THEY CAN GET BOTH IN THERE IF THEY NEED.
UH, THERE'S ABOUT, IF THE 25 FOOT IS IN THERE, THEN YOU HAVE ABOUT 35 FEET.
UM, AND SO, UH, FOR TRACTOR TRAILER TRAFFIC, IN MY DISCUSSIONS WITH VDOT, UH, THAT WILL PROBABLY NOT BE SUFFICIENT.
SO THEY CAN'T PUT THE GAS LINE UNDER THE ROAD.
UH, THE GAS LINE IS GONNA GO UNDER THE ROAD.
I, I, I DON'T KNOW ENOUGH ABOUT THE ACTUAL EASEMENT, WHAT'S GONNA BE WITHIN THAT EASEMENT.
UM, I MEAN, I KNOW THAT IF IT'S NOT UNDER THE ROAD, THEY USUALLY, YOU KNOW, GOT ACCESS TO IT.
BUT I MEAN, YOU KNOW, THEY'RE NOT GONNA FENCE IT OFF WHERE IT GOES UNDER 5 22.
UM, THEY, THEY, THE, THERE WERE PLANS TO FENCE OFF THE GAS LINE EASEMENT ITSELF, UH, WHICH WOULD BE 25 BY 75 DEEP, 25 WIDE, BUT IT'S GOING UNDER 5 22, IT WOULD BE GOING UNDER FIVE 20.
SO ANOTHER 75 FOOT OF NO FENCE WOULDN'T YEAH.
[00:35:01]
TO, TO ME.BUT I, BUT I'M NOT A GAS LINE ENGINEER.
AND, AND I MEAN THE, AND THE APPLICANT HAS PROVIDED, UH, SOME ADDITIONAL, UH, DRAWINGS, WHICH I SUBMITTED TO YOU.
UH, I GOT HIS EMAIL, EMAIL, EMAIL.
SO IT IS A LITTLE DIFFERENT THAN THIS ONE, SO MY APOLOGIES.
BUT, UH, SO THEY DO SHOW, UH, THE ROAD, THE SECONDARY ENTRANCE WITH THAT ROAD KIND OF CIRCUMVENTING THE, UH, STEEP SLOPE AREA AND GOING UP TO, I THINK IT'S LAND BAY FOUR.
I, I HAD, I HAD SEEN IT WAS, YOU KNOW, YEAH, KIND OF WENT TO THE RIGHT THERE.
UH, THE, I I WILL MENTION AGAIN, UH, THE CODE DOES NOT REQUIRE, UH, UH, A SECONDARY ENTRANCE FOR INDUSTRIAL COMMERCIAL ONLY REQUIRES ONE O ONLY.
AND ONLY IN PLAN RESIDENTIAL DEVELOPMENTS DO.
WE, WE HAVE THAT CONDITION WHERE IT'S BASED ON THE AMOUNT OF HOMES AND AS IT IS, IT'S GOT TWO, IT MAY BE THIRD DEPENDING ON WHAT HAPPENS WITH MR. LONGS, UH, POTENTIALLY WITH MR. LONG.
AND ACTUALLY THERE'S THE PARCEL THAT IS IN THE MIDDLE THERE.
UM, THAT COULD POTENTIALLY IN THE FUTURE PROVIDE AN, AN EASEMENT, AN ACCESS EASEMENT.
UH, THERE COULD BE ANOTHER PLAY ACROSS HER.
THERE IS POTENTIALLY, YOU KNOW, DEFINITELY ROOM THERE.
SO, UH, AT THIS POINT IN TIME, THE APPLICANTS ARE REQUESTING THE SOUTHERN, UH, MOST, UH, ACCESS TO THE PROPERTY AND HAVE PROVIDE, THAT'S, THAT'S WHAT MUCH OF VDO T'S COMMENTS WILL BE ON.
AND THAT'S AN IMPORTANT THING, UH, BECAUSE OBVIOUSLY YOU DON'T WANT TO BUILD A BRIDGE IN THE WRONG PLACE.
BUNCH OF MONEY, A BUNCH OF MONEY SPENT IN THE WRONG PLACE.
BUT, SO, AND AGAIN, THAT, THAT'S REALLY IN MANY WAYS, UH, WHY, YOU KNOW, STAFF FEELS THE, THE WAY AND, AND, AND IN MY, OUR DISCUSSIONS WITH VDOT, UH, IT'S JUST A CRITICAL COMPONENT OF THE DEVELOPMENT.
OH, ITS' BE SOMETHING TO BE CITED FOR.
IT'S BUILT, BUT THAT MEANS RIGHT NOW THEY'VE GOTTA COME BACK ANYWAY.
YEAH, THEY'VE GOTTA COME BACK FOR, IT'D BE A SITE PLAN.
VDOT WOULD HAVE TO APPROVE EVERYTHING.
BUT VDOT, THESE, THESE COMMENTS ARE JUST BASICALLY FOR THIS IS WHAT YOU CAN EXPECT AND CAN IT BE DONE, YOU KNOW? UM, I I'D SAY IF THEY ONLY NEED ONE, THEY'VE GOT THE OPPORTUNITY FOR THREE THAT THEY'RE GONNA GET SOMETHING.
AND IF 450 ACRES, IT'S GOTTA BE SOMETHING DONE WITH IT.
IN OTHER WORDS THAT I, I'M FINE FOR SUPPORTING IT AS LONG AS THAT BUFFER'S PRESERVED THE TREES AND I DON'T KNOW HOW TO MAKE A DECISION ON THAT CONNECTOR ROAD.
BUT IF IT'S UP TO ME, I'D SAY IT'S IN THERE AND GATED ON THE INDUSTRIAL SIDE, AND I'M COMFORTABLE SENDING IT ONTO THE BOARD FOR A BLANKET REZONING.
SO REAL ESTATE CAN GO AHEAD AND GET GOING ON THIS THING BEING, IT'S GOTTA COME BACK, IT'S GOTTA COME BACK ANYWAY.
EACH CASE, UH, I WILL MENTION THAT SOME OF THE PROFFERS WE DO NEED TO EVALUATE AS FAR AS ONCE V DOT'S COMMENTS ARE, ARE, ARE IN-HOUSE.
RIGHT NOW, WE DO NOT HAVE REALLY, I WOULD SAY ADEQUATE PROFFERS BECAUSE WE DON'T HAVE THOSE COMMENTS FROM VDI UNTIL YOU ACTUALLY KNOW WHAT THEM BUILDINGS ARE GOING TO BE IN THEIR TRUE USAGE.
YOU WON'T TRULY KNOW THE TRUE TRAFFIC IMPACT.
BUT AT A SITE PLAN, WE CANNOT REQUEST PROFFERS.
THAT'S THE CHALLENGE THAT WE HAVE IN THIS PARTICULAR ONLY DURING A REZONING.
FOR COMMERCIAL AND INDUSTRIAL.
AND YEAH, WITH V DOT NOT, YOU KNOW, STILL LOOKING AT IT, I'D PERSONALLY BE WILLING TO POSTPONE OR VOTE UNTIL WE GET V DOT COMMENTS, BUT I CAN'T MAKE A MOTION.
UM, I ALSO JUST WANNA SAY THANK YOU EVERYBODY FOR COMING OUT TONIGHT.
UM, IT IS GOOD TO, UH, JUST WANTED, WANTED TO SAY, UM, THANK YOU EVERYBODY FOR COMING OUT.
UM, WE APPRECIATE HEARING FROM YOU.
UM, AND I'LL ECHO ECHO THOSE COMMENTS TOO.
IF, IF NOBODY ELSE, UH, HAS ANYTHING, MR. CHAIRMAN? I DON'T BELIEVE THE PUBLIC, UM, HEARING HAS BEEN CLOSED.
I DON'T BELIEVE THE PUBLIC HEARING WAS OFFICIALLY CLOSED.
I, I APOLOGIZE IF I MISSED IT.
I, I THOUGHT I DID, BUT YOU'RE GOOD.
WAS ANYONE PREPARED FOR A MOTION OR FURTHER DISCUSSION OR, UH, MR. CHAIRMAN, I MOVE THAT THE PLANNING COMMISSION, UH, TABLE, UH, REZONING R 2 0 2 3,
[00:40:02]
UH, IS THIS, THERE IS A MOTION IDENTIFIED, UH, IN YOUR COVER SHEET THERE ON THE VERY FIRST PAGE.DO YOU SCROLL DOWN AT THE TOP? SCROLL DOWN.
I WAS READING THE RIGHT ONE THAT JUST LOOKED LIKE A DATE.
UH, I, I MOVED THE PLAN COMMISSION, UH, TABLE, UH, REZONING R 2 0 2 3 0 7 0 1 SLATE.
RUN FARM L L C UNTIL THE FUTURE MEETING WHEN WE HAVE RECEIVED VDOT S COMMENTS, I THINK YOU GOTTA PUT TIME.
I THINK IT'S LIKE NEXT, LIKE 30 DAYS.
WELL, I, I, I THINK SO TOO, BUT I DON'T KNOW.
WILL WE HAVE, SAY THE OCTOBER MEETING? WILL WE HAVE THE COMMENTS? IT WOULD BE GOOD FOR THE OCTOBER MEETING AND, UH, THEN AT THAT TIME WE'LL NOTIF OR PRIOR TO THAT WE'LL MAKE SURE THAT THE APPLICANT THERE, UH, MS. WHITAKER NOTIFIED IF, IF THAT ISN'T THE CASE AND THEY CAN REQUEST TO EITHER HAVE IT CONTINUE TO MOVE FORWARD OR THEY COULD REQUEST IT UNTIL VDOT HAS THEIR COMMENTS AND THEY CAN PROVIDE, UH, ANY AMENDED PROFFERS THAT YOU KNOW, BASED ON THOSE COMMENTS OR ANY ADDITIONAL ITEMS RELATING TO THEIR APPLICATION.
SO, UH, TILL THE OCTOBER MEETING TABLES OCTOBER, DO I NEED TO RESTATE THAT AS A, UM, FOR CLARITY OF THE RECORD, YOU CAN RE RESTATE YOUR MOTION TO INCLUDE THE DATE THAT YOU WISH TO SEND, RIGHT? UH, I MOVE THAT THE PLANNING COMMISSION, UH, TABLE REZONING R 2 0 2 3 0 7 0 1 UNTIL THE OCTOBER MEETING.
ALL THOSE IN FAVOR PLEASE SAY AYE.
WE'LL TAKE YOU UP AGAIN NEXT MONTH WITH ONE ABSTENTION.
THANK YOU LADIES AND GENTLEMEN, I'M ASSUMING SOME OF YOU'LL WANT TO GO HOME, SO WE'LL WAIT UNTIL THE CLEARS OUT BEFORE WE DO THAT, THE NEXT ONE.
HEY SCOTT, CAN WE TO FOR A SECOND BEFORE YOU GO, UH, WHAT, LADIES AND GENTLEMEN, IF YOU DON'T F WENT WALKING, I DON'T KNOW WHERE.
LADIES AND GENTLEMEN, IF YOU DON'T MIND PLEASE THE OLD SMART E LINE OF YOU DON'T HAVE TO GO HOME, BUT YOU CAN'T STAY HERE
[VI.B. CUP2023-08-01 - Renee Grebe & Matthew Iden/Kyrrheim LLC - A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 7 Cresthill Lane and identified on tax map 24D, section 1, block 100, as lot 1103. The property is zoned Residential-One (R-l) and is located in the Shenandoah Magisterial District. - Chase Lenz, Zoning Administrator]
ON TO OUR NEXT ITEM.UH, RENEE GREBE AND MATTHEW IEN.
HOPEFULLY I GOT THAT CORRECT REQUEST FOR CONDITIONAL USE PERMIT FOR A SHORT TERM TOURIST RENTAL.
THAT SHORT TERM TOURIST RENTAL PROPERTY IS LOCATED AT SEVEN CREST HILL LANE IDENTIFIED ON TAX MAP 24 D SECTION ONE BLOCK 100 AS LOT 1103 PROPERTY ZONED R ONE RESIDENTIALS LOCATED IN THE SHENANDOAH MAGISTERIAL DISTRICT.
THE APPLICANTS ARE REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY THEY PURCHASED IN APRIL OF THIS YEAR.
THE OWNERS WOULD LIKE TO SHARE THEIR SECOND HOME WITH VISITORS OF THE WARREN COUNTY AREA BY MAKING THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING WHEN THEY ARE NOT OCCUPYING THE PROPERTY FOR PERSONAL USE, PRIMARILY RESIDING IN ALEXANDRIA, VIRGINIA.
THE APPLICANTS WILL PARTNER WITH THE MANAGER OF THE NEARBY BLUE MOUNTAIN LODGE AND A LOCAL PROPERTY MANAGEMENT COMPANY TO MANAGE THE PROPERTY.
UH, THIS PROPERTY IS LOCATED IN THE BLUE MOUNTAIN SUBDIVISIONS IN RESIDENTIAL ONE DID REQUEST COMMENTS FROM THE BLUE MOUNTAIN.
P O A HAVEN'T RECEIVED ANYTHING AS OF YET.
UH, THERE IS A HEALTH DEPARTMENT PERMIT FOR THIS PROPERTY ON FILE LIMITING THE OCCUPANCY TO A MAXIMUM OF SIX OCCUPANTS.
UH, AND THE APPLICANT HAS PROVIDED A PROPERTY MANAGEMENT PLAN WAS INCLUDED IN YOUR PACKETS.
UH, THE APPLICANTS ARE REQUESTING A WAIVER TO THE 100 FOOT SETBACK AS THE DWELLING DOES NOT MEET THE SETBACK REQUIREMENTS TO NEIGHBORING DWELLINGS.
THE DWELLING LOCATED ON THE ADJACENT PROPERTY TO THE SOUTH IS LOCATED 95 FEET FROM THE DWELLING ON THE SUBJECT
[00:45:01]
PROPERTY.THE APPLICANTS HAVE IDENT HAVE INDICATED IN THEIR STATEMENT OF JUSTIFICATION, THE AREA IN BETWEEN DWELLINGS IS HEAVILY WOODED AND THEY WILL MINIMIZE THE IMPACT ON THE NEIGHBORING PROPERTY BY LIMITING THE AREAS THEIR GUESTS WILL HAVE ACCESS TO AND BY STRONGLY ENFORCING THEIR PROPERTY RULES.
UM, SO IT IS THE STANDARD RECOMMENDED CONDITIONS.
CONDITION NUMBER ONE, THE APPLICANTS 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 THE SYSTEM CAPACITY AS DETERMINED BY THE HEALTH DEPARTMENT PERMIT PER WARREN COUNTY CODE SECTION 180 DASH 56.4 B.
THIS CERTIFICATE IS ZONING SHALL ONLY BE ISSUED WITH APPROVED HEALTH DEPARTMENT RECORDS.
NUMBER THREE, THE APPLICANT SHALL HAVE THE WELL WATER TESTED ANNUALLY FOR E COLINE 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 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 ALTERING VEHICLES BY GUESTS ON THE PROPERTY AND WITHIN THE SUBDIVISION SHALL BE PROHIBITED.
AND NUMBER SEVEN, OUTDOOR BURNING AND USE OF FIREWORKS BY GAS SHALL BE PROHIBITED IF YOU CHOOSE TO WAIVE THE SETBACK REQUIREMENT.
CONDITION NUMBER EIGHT READS A WAIVER TO THE REQUIRED SETBACK OF 100 FEET TO NEIGHBORING DWELLING SHALL BE GRANTED FOR THE EXISTING 95 FOOT SETBACK TO THE DWELLING NORTH OF THE SUBJECT PROPERTY.
THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED THE APPLICANT IS HERE AND WE'RE AVAILABLE IF YOU HAVE ANY QUESTIONS.
DOES APPLICANT HAVE ANYTHING YOU CARE TO ADD TO COMMENTS? GOOD EVENING PLANNING COMMISSIONERS.
UH, WE ARE HAVE BEEN IN LOVE WITH THE BLUE MOUNTAIN AREA FOR QUITE SOME TIME NOW OVER A DECADE.
UH, WE LOVE THE NATURE UP THERE.
THAT'S WHY WE BOUGHT THE HOUSE.
WE WERE REALLY EXCITED IN APRIL WHEN IT CAME ON THE MARKET AND SINCE THEN WE'VE SPENT MOST OF OUR WEEKENDS FIXING UP THE HOUSE.
IT HAS A SEVERE LACK OF, UH,
WE'VE BEEN WORKING ON THOSE AND IT'S BEEN GREAT TO HAVE SOME SIDE BENEFITS OF YOUR AWESOME NATURE UP HERE.
UH, GREAT ORCHIDS, RED BACK SALAMANDERS, LITTLE THINGS ALL THE WAY UP TO BEARS, WHICH WE DON'T HAVE IN ALEXANDRIA YET.
UM,
IT'S BEEN NICE TO BE A LITTLE BIT CLOSER WHILE THEY'VE BEEN JUGGLING SOME, UM, HEALTH ISSUES.
AND WE LIKE TO HAVE A PERMIT TO BE ABLE TO HAVE THE FLEXIBILITY TO USE THE HOME FOR A RENTAL PART OF THE TIME, BUT THEN ALSO BE ABLE TO ALLOW US TO USE THE AS WELL AS WE TACKLE THE MAINTENANCE COSTS AND THE COST OF OWNING A SECOND HOME.
WE'RE HAPPY TO HAVE GOTTEN CONNECTED WITH MORGAN FOX ELDER, WHO IS HERE TONIGHT.
SHE'S THE MANAGER OF THE BLUE MOUNTAIN LODGE, UH, WHICH IS IN OUR P O A AND WE'RE PARTNERING WITH HER IN CONJUNCTION WITH SHENANDOAH HOST SERVICES.
JACK SEAVER IS HERE AS WELL FROM THE MANAGEMENT COMPANY SO THAT WE'LL HAVE AN ON MOUNTAIN CONTACT AS WELL AS A MORE FULL RANGE, UH, PROPERTY MANAGEMENT COMPANY AS WELL.
AND YOU KNOW, PRIOR TO OUR APPLICATION, WE DID REACH OUT TO ALL OF OUR ADJACENT NEIGHBORS, INCLUDING OUR NEIGHBOR AT THE END OF CREST HILL, WHICH IS A DEAD END, AND ASKED THEM FOR THEIR FEEDBACK AS WE TOLD 'EM OUR IDEAS.
AND OUR NEIGHBOR THAT IS THE 95 FEET AWAY DID SUBMIT A LETTER SAYING THEY DON'T OPPOSE OUR APPLICATION.
AND OUR NEIGHBOR TO THE WEST OWNS 30 ACRES OF FORESTED PROPERTY AND HE HAD A CONCERN ABOUT TRESPASSING AND MAKING SURE PEOPLE DON'T COME TO HIS PROPERTY OR HUNT.
SO HE'S ASKED US TO POST SIGNS THERE AND WE'RE HAPPY TO DO THAT ON THE PROPERTY LINE AS SOON AS OUR SURVEY GETS BACK TO US.
THAT'S BEEN IN PROCESS SINCE JULY.
I THINK THE TRIGGERS AND TICKS HAVE KEPT THEM AT BAY TO FIND THAT PROPERTY LINE.
IT'S DOWN A STEEP HILL IN THE WOODS.
UM, BUT WE WERE SUCCESSFUL IN GETTING, UH, GOOGLE MAPS TO REMOVE AN OLD LOGGING ROAD THAT THEY HAD MAPPED THAT APPEARED TO BE A PUBLIC ROAD THROUGH OUR BOTH OF OUR PROPERTIES, BUT WAS IMPASSABLE AND NOT PUBLIC.
UM, SO THAT WE'RE HAPPY TO HAVE THAT OFF TO MINIMIZE TRESPASSING AS WELL.
AND, UH, WE'VE HAD TWO OUR NEIGHBORS SUPPORT, UH, HAVE SUPPORT LETTERS SUBMITTED.
ANY QUESTIONS AS WELL AS MORGAN FOX ELDER AND JACK SEAVERT.
WITH THAT PUBLIC HEARING IS NOW OPEN.
DOES ANYONE SIGN UP? I DO NOT HAVE ANYONE ON THE SIGNUP LIST.
ANYONE STILL CARE TO WISH TO SPEAK FOR OR AGAINST? SEE NO INCOME FORWARD.
I MOVE THAT THE PLANNING COMMISSION FORWARDED THIS APPLICATION TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION TO APPROVE THE CONDITIONAL USE PERMIT REQUEST.
RENEE GRAVE AND MATTHEW, I'M NOT EVEN GONNA TRY THAT.
ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR, PLEASE SAY AYE.
[00:50:01]
A OPPOSED AYE AS HAVING BE FOR THE BOARD OF SUPERVISORS, PROBABLY SEE IT IN ABOUT A MONTH.[VI.C. Z2023-08-02 - Short-Term Tourist Rentals - Warren County Planning Staff - A request to amend Chapter 180 of the Warren County Code Section 180-22D(14) to modify the listed use for Short-Term Tourist Rental in the Residential-One (R-l) zoning district regulations and Section 180-56.4 to modify a number of the supplemental regulations for Short-Term Tourist Rentals. - Chase Lenz, Zoning Administrator]
Z 20 23 8 0 2.SHORT TERM TOURIST RENTALS, SWORN COUNTY PLANNING STAFF THE REQUEST TO AMEND CHAPTER 180 OF WARREN COUNTY CODE SECTION 180 22 D 14 MODIFY THE LISTED USE FOR SHORT TERM TOURIST RENTALS AND R ONE RESIDENTIAL ZONING, DISTRICT REGULATION AND SECTION 180 DASH 56.4 TO MODIFY A NUMBER OF THE SUPPLEMENTAL REGULATIONS OF SHORT TERM TOURIST RENTALS.
ATTACHED YOU'LL FIND TWO OPTIONS FOR A DRAFT ORDINANCE TO AMEND THE SUPPLEMENTARY REGULATIONS AND LISTED USE IN THE RESIDENTIAL ONE DISTRICT REGULATIONS FOR SHORT-TERM TOURIST RENTALS.
THE SHORT-TERM TOURIST RENTAL USE WAS ORIGINALLY ADDED WITH SUPPLEMENTARY REGULATIONS TO THE WARREN COUNTY ZONING ORDINANCE ON APRIL 17TH, 2012, AS A USE PERMITTED BY RIGHT FOR PROPERTIES OVER FIVE ACRES IN SIZE IN THE AGRICULTURAL ZONING DISTRICT AND AS USE PERMITTED BY CONDITIONAL USE PERMIT IN THE RESIDENTIAL ONE ZONING DISTRICT AND FOR PROPERTIES UNDER FIVE ACRES IN SIZE IN THE AGRICULTURAL ZONING DISTRICT.
THE ZONING ORDINANCE WAS AMENDED ON NOVEMBER 18TH, 2014 TO AMEND AND ADD TO THE SUPPLEMENTARY REGULATIONS FOR SHORT-TERM TOURIST RENTALS AND TO MODIFY THE LISTED USES IN THE AGRICULTURAL ZONING DISTRICT TO MAKE ALL SHORT-TERM TOURIST RENTALS PERMITTED BY CONDITIONAL USE PERMIT ONLY.
AND IN 2017, THE BOARD APPROVED AN AMENDMENT TO ADD SHORT-TERM TOURIST RENTAL AS A USE PERMITTED BY CONDITIONAL USE PERMIT IN THE RURAL RESIDENTIAL ZONING DISTRICT.
IN THE YEARS SINCE THESE AMENDMENTS, THE PLANNING COMMISSION AND BOARD OF SUPERVISORS AND THE PUBLIC HAVE IDENTIFIED THE NEED FOR ADDITIONAL SUPPLEMENTARY REGULATIONS AND FOR AMENDMENTS TO THE EXISTING SUPPLEMENTARY REGULATIONS.
FOR CLARIFICATION PLANNING, STAFF WAS TASKED WITH PREPAR PREPARING OPTIONS FOR AMENDING THE SUPPLEMENTARY REGULATIONS IN RESPONSE TO UNCERTAINTY REGARDING CERTAIN REQUIREMENTS.
UH, WARREN COUNTY PLANNING STAFF IS PRESENTING TWO OPTIONS FOR AMENDING THE SHORT-TERM TORRES RENTAL REGULATIONS.
THIS IS OPTION A AND OPTION B.
IN MY COVER SHEET I HAVE INCLUDED A BULLET POINT LIST BREAKING DOWN THE PROPOSED CHANGES TO THE SUPPLEMENTARY REGULATIONS.
THE ITEMS INCLUDED IN THIS LIST ARE REFLECTED IN BOTH OPTION A AND OPTION B DRAFT ORDINANCES.
THE PROPOSED AMENDMENTS TO SUBSECTION SUBSECTIONS, A E I J, AND N ARE RECOMMENDED BY PLANNING STAFF FOR THE PURPOSES OF CLARIFICATION AND ORGANIZATION.
IN RESPONSE TO POINTS OF CONFUSION IN THE SUPPLEMENTARY REGULATIONS IDENTIFIED BY PLANNING STAFF AND BROUGHT TO THE ATTENTION OF PLANNING STAFF BY CONFUSED APPLICANTS, THE PROPOSED AMENDMENT TO SUBSECTION H IS RECOMMENDED BY PLANNING STAFF IN RESPONSE TO A REQUEST FROM THE BOARD OF SUPERVISORS THAT THE PROPERTY MANAGEMENT PLAN BE SUBMITTED WITH THE INITIAL CONDITIONAL USE PERMIT APPLICATION AND THAT THE MEANING OF LOCAL AND LOCAL POINTS OF CONTACT BE GIVEN CLEAR AND MEASURABLE CONTEXT.
SINCE THE PROPERTY MANAGEMENT PLAN, EMERGENCY EVACUATION PLAN AND COUNTY NOISE ORDINANCE ARE REQUIRED TO BE POSTED IN THE DWELLING USED AS A SHORT-TERM TOURIST RENTAL PLANNING STAFF BELIEVES THESE REQUIREMENTS SHOULD ALL BE UNDER A SINGLE SUBSECTION FOR THE PURPOSE OF IMPROVING ORGANIZATION.
UH, THE PROMO PROPOSED AMENDMENTS TO SUBSECTIONS, KL AND M ARE RECOMMENDED BY PLANNING STAFF IN RESPONSE TO A REQUEST FROM THE PLANNING COMMISSION THAT THESE SPECIFIC ACTIVITIES BE PROHIBITED FOR TRANSIENT GUESTS.
ALL CONDITIONAL USE PERMITS FOR SHORT-TERM TOURIST RENTALS SINCE THE BEGINNING OF 2022, HAVE APPROVED CONDITIONS PROHIBITING GUESTS FROM THESE SPECIFIC ACTIVITIES.
THE PROPOSED AMENDMENT TO SUBSECTION O TO REMOVE THE 100 FOOT SETBACK REQUIREMENT FROM NEIGHBORING DWELLINGS IS RECOMMENDED BY PLANNING STAFF IN RESPONSE TO A REQUEST FROM THE BOARD OF SUPERVISORS THAT THIS REQUIREMENT BE REVIEWED AND OPTIONS BE PRESENTED TO REPLACE THE EXISTING REQUIREMENT.
THE CURRENT PLACEMENT OF THIS 100 FOOT SETBACK REQUIREMENT IN THE SUPPLEMENTARY REGULATIONS ALLOWS FOR THE REQUIREMENT TO BE WAIVED BY THE BOARD OF SUPERVISORS, WHICH HAS LED TO CONFUSION AND DEBATE AMONGST BOARD MEMBERS WHEN DECIDING WHETHER THE SETBACK REQUIREMENTS SHOULD BE WAIVED.
OPTION A AND OPTION B OF THE DRAFT ORDINANCE PROPOSED SEPARATE OPTIONS FOR ADDRESSING THIS ISSUE.
OPTION A OF THE DRAFT ORDINANCE PROPOSES MOVING THE REQUIREMENT OF 100 FEET OF SEPARATION BETWEEN THE DWELLING USED AS A SHORT-TERM TOURIST RENTAL AND ALL NEIGHBORING DWELLINGS FROM THE SUPPLEMENTARY REGULATIONS TO THE LISTED USE.
IN THE RESIDENTIAL ONE ZONING DISTRICT REGULATIONS, IF OPTION A IS ADOPTED, THE SETBACK REQUIREMENT ONLY APPLIES IN THE R ONE DISTRICT.
IT CANNOT BE WAIVED IN ALL DWELLINGS ON PROPERTIES IN THE R ONE DISTRICT, WHICH DO NOT HAVE 100 FEET OF SEPARATION FROM NEIGHBORING DWELLINGS ARE PROHIBITED FROM BEING USED AS A SHORT-TERM TOURIST RENTAL.
AS OF JULY 26TH, 2023, THE BOARD HAS BEEN PRESENTED WITH A REQUEST TO WAIVE THE SETBACK REQUIREMENT FOR 15 SEPARATE CONDITIONAL USE PERMIT APPLICATIONS FOR SHORT-TERM TOURIST RENTALS.
BOARD HAS ONLY DENIED THREE OF THOSE 15 APPLICATIONS AND 14 OF THE 15 APPLICATIONS WITH THE SETBACK WAIVER REQUESTS WERE FOR PROPERTIES IN THE R ONE ZONING DISTRICT.
AND THE ONE APPLICATION FOR A PROPERTY IN THE AGRICULTURAL DISTRICT WAS APPROVED WITH THE WAIVER TO THE SETBACK REQUIREMENT PLANNING STAFF HAS OBSERVED THAT THE SETBACK REQUIREMENT IS LARGELY ONLY APPLICABLE IN THE RESIDENTIAL AND ZONING DISTRICT PLANNING STAFF RECOMMENDS IF THE BOARD IS TO KEEP A
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100 FOOT SETBACK REQUIREMENT FROM ALL NEIGHBORING DWELLINGS, THAT THE REQUIREMENT ONLY BE APPLIED TO THE R ONE DISTRICT AND THAT THE REQUIREMENT CANNOT BE WAIVED.THIS WILL HELP GUIDE THE SHORT TERM TOURIST RENTAL USE OF PROPERTIES AWAY FROM THE HIGHER DENSITY R ONE SUBDIVISIONS AND TO SUBDIVISIONS WHERE THE IMPACT OF PROXIMITY OF THE DWELLINGS IS LESS PREVALENT.
OPTION B, IF THE NEW DRAFT ORDINANCE PROPOSES COMPLETELY REMOVING THE REQUIREMENT OF 100 FEET OF SEPARATION BETWEEN THE DWELLING USED AS A SHORT-TERM TOURIST RENTAL AND NEIGHBORING DWELLINGS, IF OPTION B IS ADOPTED, THERE WILL BE NO MINIMUM SEPARATION REQUIREMENT FROM NEIGHBORING DWELLINGS FOR SHORT-TERM TOURIST RENTALS AND ANY ZONING DISTRICT WHERE SHORT-TERM TOURIST RENTAL IS A PERMITTED USE SUPPORT FOR OPTION B IS EVIDENCED BY THE FACT THAT AS OF THIS WEEK, THE BOARD HAS GRANTED 80% OF THE REQUESTS FOR WAIVERS TO THIS SETBACK REQUIREMENT PLANNING STAFF BELIEVES A REGULATION WHICH IS ONLY ENFORCED 20% OF THE TIME WEAKENS THE ORDINANCE CODE SECTION 180 DASH 63 D LISTS GENERAL STANDARDS AND CONDITIONS TO CONSIDER WHEN APPROVING OR DENYING A CONDITIONAL USE PERMIT OR APPLYING A CONDITION.
THE BOARD HAS REQUIRED REQUIRED SCREENING VIA CONDITION TO ADDRESS THE ISSUE OF THE IMPACT OF PROXIMITY BETWEEN DWELLINGS WHEN GRANTING SETBACK WAIVERS, AND CAN CONTINUE TO DO SO TO ADDRESS THIS ISSUE.
IF OPTION B IS ADOPTED AND THE SETBACK REQUIREMENT IS REMOVED, WE HAVE RECEIVED A FEW COMMENTS FROM LOCAL HOAS AND POAS WITH ADDITIONAL SUGGESTIONS.
THOSE COMMENTS WERE INCLUDED IN YOUR MEETING PACKETS.
OTHERWISE THE ZONING TEXT AMENDMENT HAS BEEN PROPERLY ADVERTISED AND I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
SEEING HOW THE COUNTY IS THE APPLICANT, I'M ASSUMING THAT THAT WILL SUFFICE.
SO WE'LL OPEN THE PUBLIC HEARING.
WOULDN'T WISH TO SPEAK FOR OR AGAINST GARY SS MULLEN.
I'M GARY S. MULLEN FROM 5 37 BY FROST WAY IN LINDEN.
UH, WHEN I BECAME AWARE OF THE TWO OPTIONS BEING PROPOSED A AND B, I SHARED THEM WITH THE LEADERSHIP OF THE OTHER SUBDIVISIONS IN THE COUNTY AND THEIR RESPONSE WAS IMMEDIATE.
WITHIN A WEEK, SEVERAL OF THE TEAMS MET IN PERSON TO DISCUSS THE MATTER AND DECIDED TO CONTINUE TO MEET REGULARLY TENTATIVELY NAMED ORCA ORGANIZATION OF COMMUNITY ASSOCIATIONS.
THE GROUP WILL SERVE AS AN INFORMATIONAL HUB BETWEEN ALL OF THE COUNTIES, HOAS, POAS, SUBDIVISIONS.
I WANT TO PARTICULARLY THANK CO-CHAIR TRACY LANE OF SHENANDOAH FARMS AND WATTS HILL FROM HIGH NOB FOR DRAFTING THE PROPOSED OPTION.
OPTION C WAS DELIVERED TO OUR MEMBERS AND AFTER THE APPROVAL OF AS MANY OF THE RESPECTIVE BOARDS OF DIRECTOR WHO WOULD BE CONVENED BEFORE TODAY, WE'VE PRESENTED IT FOR YOUR REVIEW.
I HOPE THAT YOU HAVE RECEIVED A COPY.
WE'VE UNAWARE OF YOUR PRESENT AT THE TIME.
UM, THIS INCLUDES THE 100 FOOT SHORT-TERM RENTAL SEPARATION FROM EXISTING DWELLINGS.
THE RECENT AND PROBABLY FUTURE DROUGHT CONDITIONS AND WATER RESTRICTIONS POINT OUT THE DANGER OF CLUSTER HOUSING CONSTRUCTION.
THE AQUIFER THAT PROVIDES WATER TO MOUNTAIN DWELLINGS CANNOT SUSTAIN THIS LEVEL OF DEVELOPMENT.
WE WOULD LIKE TO SEE A VERIFIABLE ANNUAL REVIEW PROCESS FOR RENTAL PERMITS AND BE ALLOWED TO SUBMIT EVIDENCE OF PERMIT VIOLATIONS AND HAVE THE PERMITS REVOKED FOR REPEATED VIOLATIONS.
TO MY KNOWLEDGE, TO DATE, THIS HAS NEVER OCCURRED.
AND IF A SUBDIVISION HAS EXISTING COVENANTS OR BYLAWS THAT PROHIBITS SUCH RENTALS, THEY SHOULD BE OBSERVED.
WE PRESENT THIS PROPOSAL IN THE SPIRIT OF COOPERATION, NOT CONFRONTATION IN THE HOPE THAT YOU'LL BE RECEPTIVE TO OUR CONCERNS.
OUR INDIVIDUAL GROUPS WHO THE COUNTY HAS ENTRUSTED WITH THE ADMINISTRATION OF OUR SUBDIVISIONS ARE MORE AWARE OF THEIR EXISTING CONDITIONS THAN YOU ARE.
WITH ALL DUE RESPECT, WE SERVE FOR NO COMPENSATION.
WE'RE WORKING TO PRESERVE THE QUIET ENJOYMENT OF FAMILIES WHO INVE, WHO HAVE INVESTED THEIR LIVES INTO THE HOMES THAT THEY LIVE IN.
WE ASK THAT YOU TAKE THE TIME TO GIVE THIS PROPOSED PROPOSAL SERIOUS CONSIDERATION AND PERHAPS DELAY FORWARDING A RECOMMENDATION, UH, TO THE BOARD OF SUPERVISORS UNTIL YOU HAVE GIVEN IT MORE SCRUTINY.
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MOUNTAINTOP ROAD IN HIGH DOG.I'M ALSO HERE REPRESENTING HIGH DOG PROPERTY OWNERS ASSOCIATION AS THEIR VICE PRESIDENT.
UH, GARY'S DONE A VERY GOOD JOB OF COVERING A NUMBER OF THINGS I HAD, SO I WILL NOT REPEAT ON THOSE.
ONE OF THE THINGS THAT WE FOUND THAT THE HOMEOWNERS WANTED TO STRESS WITH, PARTICULARLY IN RELATION TO
AND PART OF THAT ENVIRONMENT HAS TO DO WITH THE PROPERTY THEY BOUGHT, WHERE THEY BOUGHT IT, AND THE CONDITIONS OF USE RELATED TO THAT PROPERTY.
THERE'S EXISTING CONTRACTS BETWEEN EVERY PROPERTY OWNER AND THE ASSOCIATION KNOWN AS A COVENANTS.
OUR COVENANTS IS SPECIFICALLY PROHIBIT ANY SHORT-TERM RENTALS LESS THAN SIX MONTHS.
THE CONCERN THAT WE HAVE IS THAT IF THIS GOES THROUGH, THIS WOULD HAVE, COULD HAVE THE EFFECT OF OVERRIDING THOSE COVES, WHICH ARE A CONTRACTUAL AGREEMENT BETWEEN THE PROPERTY OWNERS AND THE ASSOCIATION.
UM, WE DO HAVE CONCERNS AS TO WHETHER THAT'S EVEN ALLOWABLE, BUT WE'RE NOT MOTION ATTORNEYS, IF YOU WILL, BUT WE ASK YOUR HELP AND YOUR CONSIDERATION TO THINK ABOUT THE PEOPLE WHO MOVED HERE, BOUGHT HERE WITH THE EXPECTATIONS THAT WE HAD AS TO THE ENVIRONMENT THAT WAS THERE.
AND WE ALREADY HAVE SOME SHORT TERM RENTALS THAT HAD BEEN APPROVED.
AND I CAN TELL YOU AS A BOARD MEMBER, WE GET COMPLAINTS REGULARLY AND THERE HAS, WE HAVE NOT FOUND A WAY TO GET THINGS STOPPED BEFORE THE, PERHAPS THE RELICENSING OR RE-APPROVAL PROCESS COMES UP.
EVEN THE SHERIFF'S DEPARTMENT HAS TOLD US FOLKS, THERE'S NOTHING WE CAN REALLY DO.
SO PLEASE THINK ABOUT THE COMPROMISE THAT'S BEEN OFFERED WITH OPTION C, WHICH ALLOWS SHORT-TERM RENTALS TO CONTINUE TO HELP BUILD UP THE TOURIST TRADE.
WE UNDERSTAND THE REASON, THE RATIONALE FOR THAT, BUT ALSO THINK PLEASE ABOUT THE FOLKS THAT CAME HERE, UNDERSTANDING WHAT THEIR ENVIRONMENT WOULD BE.
AND WE ASK YOU TO PLEASE DON'T CHANGE THAT ENVIRONMENT.
ALLOW THOSE FOLKS TO CONTINUE TO DREAM THEY CAME HERE WITH.
THANK YOU VERY MUCH FOR YOUR TIME AND YOUR CONSIDERATION.
JAMES LONGWORTH, EVERYBODY'S KIND OF ALREADY SAID WHAT I WAS GONNA SAY.
I'M AT 6 4 5 BRAGG DRIVE, FRONT ROYAL VIRGINIA.
I LIVE IN CHATTO FARMS. I'M ALSO THE CHAIR OF PROPERTY OWNERS OF CHATTO FARMS. AND, UM, I'M NOT GONNA REPEAT WHAT AL HAS ALREADY BEEN SAID, BUT I DO WANNA POINT OUT THAT WE HAVE SIX HOMEOWNERS, POAS SANITARY DISTRICT ORGANIZATIONS REPRESENTED ON THAT OPTION C THAT WE DID SEND TO YOU GUYS.
AND EACH ONE OF THOSE ORGANIZATIONS TOOK OPTION C BACK TO THEIR BOARDS AND THEIR BOARDS VOTED TO BE INCLUDED ON THAT LETTER.
THERE'S OTHER ORGANIZATIONS THAT HAVE NOT BEEN ABLE TO HAVE THEIR BOARDS MEET YET.
WE DO ANTICIPATE MORE FOLKS, SO WE DO ENCOURAGE YOU TO REVIEW.
I MEAN, WE, WE ENCOURAGE YOU TO LOOK AT OPTION C AND CONSIDER IT AND TO TABLE THIS AND TELL YOU GUYS ACTUALLY HAVE AN OPPORTUNITY TO REALLY LOOK AT IT.
I PERSONALLY LIVE NEXT TO TWO SHORT-TERM RENTALS.
UM, I'M LUCKY IN THAT I HAVE MORE THAN AN ACRE BETWEEN MY HOME AND THOSE HOMES, BUT EVEN SO, I CAN STILL, WHAT'S STILL HERE, WHAT'S HAPPENING WHEN THEY'RE HAVING THEIR PARTIES IN THEIR HOT TUBS AND STUFF LIKE THAT.
UM, I DO HAVE A GOOD RELATIONSHIP WITH THAT PROPERTY MANAGER AND WHEN THERE'S A PROBLEM, I CAN CALL HIM AND THEY TAKE CARE OF IT PRETTY QUICKLY.
NOT ALL OF OUR INVESTORS IN THESE SHORT-TERM RENTALS ARE AS CONSCIENTIOUS OR CARE AS MUCH ABOUT HOW THE COMMUNITY IS RESPONDING.
AND SO I I ASK YOU GUYS TO REALLY CONSIDER THAT.
I REALIZE OUR COMMUNITY WAS BUILT AS A VACATION GETAWAY, OKAY? BUT NOW IT'S OUR HOMES, IT'S MY SANCTUARY AND IT'S A SANCTUARY FOR ALL OF THE 2,800 PROPERTY OWNERS THAT LIVE IN OUR COMMUNITY.
UH, I'M HERE AS THE PRESIDENT OF THUNDERBIRD FARMS AND SPEAKING ESSENTIALLY FOR THE BOARD WE'D LIKE YOU TO CONSIDER, WE REALIZE WE'RE A CIVIC ORGANIZATION, NOT A GOVERNMENT, BUT WE NEED HELP WITH OUR COVENANTS, AND THAT'S ALL WE REALLY HAVE.
AND WE JUST HAD AN EXAMPLE WHERE THE, THE BOARD, THE PLANNING BOARD APPROVED A, A PLAN, AND WE DON'T REALLY FIND OUT UNTIL CONCRETE IS BEING POURED.
AND WE FIND OUT THAT THE, THE FOOTAGE DOESN'T MEET OUR COVENANTS, AND THEN WE HAVE TO GO THROUGH OUR PROCESS.
SO IF WE CAN GET MORE COMMUNICATION, THAT WOULD BE GOOD.
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EVEN THE OPTIONS A AND B, KEEP COMMUNICATION IN THE PLAN, WHICH IS GOOD.IT'S A COMMUNICATION PROCESS, NOT A, WE DON'T APPROVE OR DISAPP, WE HAD A, A VOTE AND THE MAJORITY SAID TO, UM, BAN SHORT-TERM RENTALS TO ADD THAT COVENANT, BUT IT DIDN'T MEET TWO THIRDS REQUIREMENTS.
SO WE DO NOT HAVE A COVENANT TO BAN SHORT-TERM RENTALS.
SO OFFICIALLY WE HAVE NO, UM, WE HAVE NO POSITION ON ANY PARTICULAR ONE, BUT ON EACH ONE, WE WOULD LIKE TO BE ABLE TO GIVE THAT INPUT.
AND I, I THINK ON THE A HUNDRED FOOT, UM, THING, I, I BELIEVE WHAT YOU'RE TALKING ABOUT IS THE OVERRIDING OF THE A HUNDRED FEET AS PART OF A, A PACKAGE OF APPROVAL.
IN OTHER WORDS, THERE'S OTHER CONSIDERATIONS, NOT JUST THE A HUNDRED FEET, IT'S, IT'S, THE WHOLE THING IS APPROVED BECAUSE IT MAKES SENSE.
SO PERHAPS THE A HUNDRED FEET IS WAIVED IN THOSE CASES.
I THINK IT SHOULD REMAIN IN THOSE REGULATIONS AND THEN WAIVED AS APPROPRIATE.
I'M JUST GONNA GO WITH THE FIRST NAME, DORTHEA.
AND, UH, MOHE AND I, UH, OWN A HOME IN HIGH KNOB, SPECIFICALLY AT 4 0 2 GREENFIELD ROAD.
WE ARE ONE OF THOSE PEOPLE THAT PURCHASED OUR HOME WITH A FULL KNOWLEDGE, UH, THAT OUR COMMUNITY HAD COVENANTS, UH, RESTRICTING SHORT-TERM RENTALS.
WE WERE LOOKING FOR THAT AND SIGNED, UH, WITH THAT.
AND, UH, WITH THAT STIPULATION, I'M JUST ASKING YOU NOT TO OVERRULE THAT, UH, STIPULATION.
UM, IT'S, IT'S BEEN, YOU KNOW, IT WAS THERE IN WRITING.
UM, IT WAS MEANT FOR PEOPLE LIKE US AND WE BOUGHT WITH THAT UNDERSTANDING.
UH, THE ROADS THERE ARE PRIVATELY OWNED.
THEY'RE NOT COUNTY ROADS OR ANYTHING LIKE THAT.
THE ROADS ARE PRIVATELY OWNED AND MAINTAINED.
THE TERRAIN REALLY CAN'T HANDLE, UM, HIGH VOLUMES OF CARS GOING UP AND DOWN THAT MOUNTAIN.
AND, UH, NOR CAN WE OURSELVES REALLY COPE WITH ALL THOSE THINGS THAT, YOU KNOW, VACATIONERS LIKE TO DO, LIKE MAYBE, YOU KNOW, RUNNING BONFIRES AND THAT SORT OF THING.
UM, SO AGAIN, I'M JUST ASKING YOU, UH, NOT TO OVERRULE OR DISMISS OUR COVENANTS.
UM, I, FOR ONE AND MY HUSBAND, MANY, ALMOST ALL OF US THERE, I WOULD SAY, UH, MOVE TO THAT COMMUNITY SPECIFICALLY FOR THOSE COVENANTS.
CAROL PHILLIPS, I, EVERYBODY ELSE HAS ADDRESSED MY CONCERNS, NOT BEHIND WHAT MY FELLOW HIGH NUMBERS HAVE SAID TONIGHT.
MATT WILLIAMS. MY NAME'S, UH, MATT WILLIAMS. I'M AT ONE 15 LONESOME FLATS ROAD.
I THINK I'M THE FIRST PERSON TO, UH, STAND UP HERE.
I OWN SEVERAL SHORT-TERM RENTALS, AND THEN I MANAGE, UH, ON BEHALF OF, UH, SOME INVESTORS WHO ARE BOTH IN AND, AND OUTSIDE OF THE COMMUNITY AS THEIR LOCAL PROPERTY MANAGER.
UM, I JUST WANTED TO OFFER THAT REGARDLESS OF KIND OF WHICH OPTION IS PURSUED IN TALKING TO OTHER PROPERTY OWNERS AND IN MY OWN KIND OF FUTURE PLANNING, I THINK THE IMPORTANT THING IS CONSISTENCY.
AND THAT HAS BEEN VERY FRUSTRATING, UM, FOR THOSE THAT ARE LOOKING FOR PROPERTIES IN THE AREA.
UM, AND THEN THE OTHER, UM, NOTE THAT, THAT I'LL MAKE, UH, IS, UM, SO, SO I GUESS, YEAH, REGARDLESS OF THE, WHETHER OR NOT WE KEEP THE ROLE, AS LONG AS IT'S JUST KIND OF CLEAR AND STANDARDIZED, BECAUSE I'VE SAT HERE IN, UH, A NUMBER OF, UH, MEETINGS WHERE THAT'S DEBATED.
AND ONE WEEK OR ONE MONTH, UH, WE SEE SOMETHING FORWARDED FOR A RECOMMENDATION OF APPROVAL, AND THEN THE NEXT MONTH, SEEMINGLY, UH, THE EXACT SAME CIRCUMSTANCES WE WOULD GET A DIFFERENT OUTCOME.
UM, SO I WOULD JUST LIKE TO OFFER THAT.
I'M GOING TO DEFER TO THE COMMENTS PRESENTED BY GARY AND OTHERS.
HUNDRED PERCENT DAWN BROADWAY.
I LIVE AT 57TH PEPPER COURT, LINDEN.
IT'S IN THE SKYLAND ESTATES, UM, SUBDIVISION.
I'M ALSO ON THE BORDER DIRECTORS FOR THE SKYLAND, UH, COMMUNITY CORPORATION.
AND NOT ONLY DO I STAND HERE THIS EVENING REPRESENTING MYSELF AND MY WIFE AS JUST PROPERTY OWNERS UP THERE, BUT BEING ON THE BOARD OF DIRECTORS, I'M ALSO REPRESENTING
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THE PEOPLE WHO HAVE ELECTED ME TO BE ON THE BOARD AND WHO COME TO OUR MONTHLY MEETINGS AND VOICE THEIR CONCERNS WITH THE SHORT TERM RENTAL, UH, SITUATIONS AS IT HAS BEEN, UH, DEVELOPING.UH, I WAS PART AND PARTICIPANT IN THE MEETING OF MANY OF THE SUBDIVISIONS, AND WE REVIEWED THE OPTION A AND OPTION B, AND WE FELT THAT IT WAS IMPORTANT NOT JUST TO BE, UH, WE DIDN'T WANT TO BE OBSERVED AS ADVERSARIAL BY SAYING, WELL, WE DON'T LIKE OPTION A, WE DON'T LIKE OPTION B WITHOUT PRESENTING SOME SORT OF A COMPROMISE.
AND THE HENCE IT WAS THE OPTION C THAT'S BEEN PRESENTED FOR YOUR CONSIDERATION.
PERSONALLY, I'M REALLY CONCERNED ABOUT THE A HUNDRED FOOT, UH, SETBACK.
AND I WOULD LIKE TO SEE MOVING FORWARD THAT THAT A HUNDRED FOOT SEPARATION BE MAINTAINED.
IT'S, AND THE SKYLAND COMMUNITY CORPORATION AREA, SKYLAND ESTATES, WE DON'T HAVE COVENANTS.
WE DON'T HAVE, UH, AN H O A OR A PROPERTY OWNER'S ASSOCIATION SO THAT WE HAVE NO TEETH REALLY TO, UH, BE RESPONSIVE TO OUR COMMUNITY MEMBERS THAT COME BEFORE US WITH CONCERNS.
AND USUALLY IT'S AFTER THE FACT, HEY, WE'VE GOT A SHORT-TERM RENTAL AND THESE ARE THE PROBLEMS WE'RE HAVING, THEN WE'RE PRESENTED WITH IT AND WE'RE BEING ASKED, HEY, WHAT CAN YOU DO TO HELP US? AND SO WITH THAT, UH, THE A HUNDRED FOOT SEPARATION IS REALLY ABOUT THE ONLY THING THAT SKYLAND ESTATES HAS AT ITS DISPOSAL IN REVIEWING THE APPLICATIONS AND HAVING THE OPPORTUNITY TO COMMENT ON AND, AND YOUR OPTION A OR B THAT IS GONNA REMOVE THAT ENTIRELY.
I'M, I'M JUST REALLY WANTING TO SUPPORT THAT A HUNDRED FOOT SEPARATION.
AND THEN I'LL DEFER TO THE REST OF THE COMMENTS THAT THESE OTHER VERY RESPECTIVE, UM, MEMBERS OF THE COMMUNITY HAVE PRESENTED FOR YOUR CONSIDERATION.
THAT IS THE END OF THE SIGNUP SHEET.
ANYONE ELSE CARE TO SPEAK AND DIDN'T SIGN UP? GOOD EVENING.
I LIVE AT 2 0 1 RALEIGH RIDGE DRIVE IN, UH, SOUTH RIVER DISTRICT.
I'M, UH, ON THE BOARD FOR THE RIVER BEND FARM, HOMEOWNERS, EXCUSE ME, PROPERTY OWNERS ASSOCIATION.
UH, WE SUPPORT ALL THE PREVIOUS COMMENTS, UH, ESPECIALLY THE A HUNDRED FOOT SEPARATION, WHICH WE DON'T SEE WHY IT SHOULD BE REMOVED FOR AGRICULTURAL PROPERTY.
AND WE ARE WORKING IN OUR, THAT'S WHAT WE CONTROL, THAT OUR OWN COVENANTS TO, UH, TIGHTEN THE LANGUAGE SO THAT SHORT TERM RENTALS WERE OBVIOUSLY NOT BE PERMITTED.
UH, AND WE JUST WE'RE, THAT'S WHAT WE CAN CONTROL AND WE WOULD LIKE FOR YOU TO KEEP THE REGULATIONS IN THAT YOU HAVE NOW TO HELP US CONTROL THIS SITUATION.
UM, I WANTED TO SAY THAT I AGREE WITH THE OPTION C THAT HAS BEEN PRESENTED, AND THE MAIN REASON IS BECAUSE OF THAT A HUNDRED FOOT SETBACK.
UM, FOR SIX MONTHS OUT OF THE LAST YEAR, I HAD AN AIRBNB 50 FEET FROM MY HOUSE BEFORE THE COUNTY SHUT IT DOWN.
WHEN I FIRST FOUND OUT THERE WAS GONNA BE AN AIRBNB THERE, I THOUGHT TO MYSELF, WELL, HOW BAD COULD IT REALLY BE? WELL, THE ANSWER IS, IT WAS BAD.
UM, IT WAS FOUR DAYS EVERY SINGLE WEEK FROM MORNING THROUGH THE AFTERNOON, EVENING AND NIGHT, PEOPLE IN THE HOT TUB RIGHT OUTSIDE MY WINDOW PARTYING, DRUNK MOST OF THE TIME SCREAMING.
THERE WAS MORE NOISE IN ONE MONTH OF THE AIRBNB THAN TWO YEARS OF THE PEOPLE THAT LIVED THERE PREVIOUSLY THAT WERE THERE FULL-TIME.
WHEN SOMEBODY LIVES THERE FULL-TIME, THEY ARE WORKING OR THEY'RE GOING TO SCHOOL, THEY GO GROCERY SHOPPING, THEY RUN ERRANDS, THEY HAVE A LIFE.
THEY'RE NOT OUTSIDE PARTYING FOUR DAYS EVERY WEEK FOR FULL DAYS FROM MORNING THROUGH NIGHT, EVERY WEEK.
THEY MIGHT BE THERE OUT ON THE DECK PARTYING LIKE ONCE OR TWICE A MONTH, YOU KNOW, MAYBE A LITTLE BIT MORE ON FRIDAY OR SATURDAY NIGHT, WHICH I DON'T MIND.
THAT'S MAYBE A FULL DAY'S WORTH OF NOISE IN A MONTH WHERE THE AIRBNB
[01:15:01]
WAS 16 FULL DAYS EVERY SINGLE MONTH OF NONSTOP NOISE.AND YOU SAY, WELL, WHY DON'T YOU JUST CALL THE SHERIFF'S OFFICE ABOUT THE NOISE? WELL, YOU CAN'T CALL THE SHERIFF'S OFFICE UNTIL 10 O'CLOCK AT NIGHT DURING THE WEEK AND 11 O'CLOCK AT NIGHT ON THE WEEKENDS.
SO THEY'RE ALLOWED TO MAKE THAT MUCH NOISE ALL MORNING, ALL AFTERNOON, ALL EVENING UNTIL 10 O'CLOCK OR 11 O'CLOCK AT NIGHT.
WHAT ABOUT THE PEOPLE THAT ARE, HAVE TO GO TO, TO WORK EARLY IN THE MORNING ON FRIDAY MORNING OR MONDAY MORNING? SUNDAY NIGHT IS THE WORST NIGHT FOR IT.
THAT'S THEIR LAST NIGHT THERE.
AND THEY ARE PARTYING ALL DAY SUNDAY, ALL DAY, SUNDAY AFTERNOON ALL DAY, SUN, ALL SUNDAY EVENING.
THEY'RE MAKING REALLY A LOT OF NOISE.
WHAT IF YOU HAVE TO GET UP EARLY ON MONDAY MORNING AND GO TO SCHOOL OR GET YOUR KIDS, OR GO TO WORK OR GET YOUR KIDS TO SCHOOL AND YOU'VE GOT SOMEBODY PARTYING TILL 10 O'CLOCK AT NIGHT AND KEEPING YOU FROM GOING TO SLEEP, KEEPING YOUR KIDS FROM GOING TO SLEEP.
SAME THING WITH THURSDAY NIGHT.
UM, IT'S JUST NOT RIGHT IN A RESIDENTIAL AREA TO HAVE A 24 7 BUSINESS THAT IS REALLY, REALLY LOUD RIGHT OUTSIDE YOUR WINDOW.
IT'S NOT WHAT I SIGNED UP FOR.
IT'S NOT WHY I LIVE ON A MOUNTAIN DOWN A GRAVEL ROAD A MILE.
I THINK THAT, I THINK THAT MAILS YOUR THREE MINUTES.
BUT PLEASE DON'T CHANGE THAT 100 FOOT RULE.
MY NAME'S ERICA SANTANA AND I LIVE AT 40 12 BLUE MOUNTAIN ROAD, AND I'M HERE AS A PRIVATE PROPERTY OWNER AND ALSO ON BEHALF OF THE BLUE MOUNTAIN PROPERTY ASSOCIATION.
UH, WE WERE WITH THE OTHER FOLKS, AND I SUPPORT THE COMMENTS THAT PROFFER OPTION C IS A REASONABLE COMPROMISE FOR THE CHANGES TO THE ORDINANCES.
AND I WANTED TO PARTICULARLY SAY THAT WE EMPHASIZE THE COMMUNICATION AND COORDINATION ASPECT OF THAT OPTION.
YOU KNOW, AS FOLKS HAVE MENTIONED, THERE'S A LOT OF CONSIDERATIONS ABOUT LIVING UP ON A MOUNTAIN WHEN IT COMES TO THINGS LIKE INCLEMENT WEATHER, THE ROADS, THE WATER TABLE, AND A LOT OF CONSIDERATIONS THAT SHORT-TERM RENTALS OR PEOPLE WHO ARE JUST ON THE MOUNTAIN FOR A SHORT AMOUNT OF TIME DON'T KNOW ABOUT OR THINK ABOUT OR CONSIDER WHEN THEY'RE JUST THERE VACATIONING.
AND THESE ARE THINGS THAT US AS PROPERTY OWNERS HAVE TO THINK ABOUT AND CONSIDER OFTEN.
SO IN ADDITION TO THE COMPONENT OF THE PROCESS AND OPTION C, THAT INVITES THE H O A AND P O A LEADERSHIP TO THE PROCESS OF APPROVING THE CONDITIONAL USE PERMITS IN TERMS OF ADDRESSING ISSUES ON PROPERTIES.
YOU KNOW, I KNOW THAT FOR SOME OF THE PROPERTIES UP IN B M P O A, WE HAVE DRAINAGE ISSUES, WE HAVE SETBACK ISSUES.
AND, UH, PROVIDING AN OPPORTUNITY THROUGH THE EXISTING PROCESS TO PERHAPS PUT CONDITIONS ON THE CONDITIONAL USE PERMITS THAT ADDRESS SPECIFIC ISSUES ON, IN, UH, INDIVIDUAL PROPERTIES IS SOMETHING THAT WE'RE REALLY INTERESTED IN.
AND ALSO COMMUNICATING INFORMATION TO THE SHORT-TERM RENTERS OF THINGS LIKE EVACUATION ROUTES IN THE EVENT OF AN EMERGENCY, LIKE A WILDFIRE OR AN ICE STORM.
UH, YOU KNOW, THEY, THEY'RE JUST NOT PRIVY TO THE THINGS THAT WE DEAL WITH.
AND YOU KNOW HOW TO CALL RAPPAHANNOCK ELECTRIC IF THE POWER GOES OUT.
AND SO, UH, THE, THE POINTS THAT WE WANTED TO EMPHASIZE ABOUT OPTION C ARE THE COORDINATION WITH THE COUNTY ON A MEANINGFUL INPUT PROCESS INTO THE C U P APPROVAL, AND THEN ALSO MINIMUM STANDARDS FOR COMMUNICATING KEY AND PERTINENT INFORMATION TO THE SHORT-TERM RENTALS TO MAKE SURE THAT WHILE PEOPLE ARE ENJOYING THE MOUNTAIN AND ENJOYING THE AREA, THAT THEY HAVE THE INFORMATION THEY NEED TO BE SAFE AND TO ACCESS THINGS, UH, SAFELY AND APPROPRIATELY.
SO, APPRECIATE YOUR TIME AND REALLY APPRECIATE YOU MEANINGFULLY CONSIDERING THESE, THESE GENUINE COMMENTS THAT PEOPLE ARE SHARING FROM A PLACE OF GREAT CARE AND CONCERN.
ANYONE ELSE? ANYONE ELSE? SEEING NO ONE COME FORWARD WILL CLOSE THE PUBLIC HEARING.
I AM ASSUMING THAT STAFF HAS HAD AN OPPORTUNITY TO LOOK OVER OPTION C.
WHAT I THINK YESTERDAY OR DAY BEFORE? IT WAS SHORTLY BEFORE PACKETS LAST WE YEAH, LAST WEDNESDAY.
UH, CHASE, UH, DID WE, WE WE GOT THAT LAST WEEK AND WE DID LOOK IT OVER.
BUT, UH, SINCE WE HAD ADVERTISED FOR OPTION A AND OPTION B, UM, FOR THE PUBLIC HEARING, WE DECIDE TO GO AHEAD AND MOVE IT FORWARD WITH THAT, WITH THE, WITH THE ADDITION OF THEIR COMMENTS ADDED TO YOUR PACKETS.
[01:20:01]
WELL, I GOT A COMMENT TO THE H O A P O A PRESIDENTS OR ORGANIZATIONS, UM, GET ON THE STATE WEBSITE, LOOK UP C A I, WHICH IS A COMMUNITY ASSOCIATION INSTITUTE.VIRGINIA HAS HIRED THEM TO HOW TO SET UP A, A LEGAL ASSOCIATION.
UH, BECAUSE RIGHT NOW THE ONLY REGISTERED ASSOCIATION IS BLUE RIDGE SHADOWS.
SO, UM, WE GOT A STACK OF DOCUMENTS LIKE THAT.
YOU GOT ATTORNEYS THAT HAVE TO GET INVOLVED TO SIGN OFF THINGS.
ALL OF OUR DOCUMENTS HAVE TO BE REGISTERED WITH THE, THE COURTS HERE.
AND YOU CAN'T TAKE, CHANGE YOUR BYLAWS OR ANYTHING WITHOUT TWO THIRDS VOTE.
SO I HEARD THAT ONE TIME HERE.
SO WE'VE HAD ASSOCIATIONS COME UP AND SAY, WELL, THE BOARD JUST VOTED ON THIS LAST WEEK, AND IT SAYS NO, UH, SHORT TERM RENTAL.
WELL, A BOARD CAN'T CHANGE THE DOCUMENTS.
SO THERE IS A LEGAL PROCESS TO FOLLOW.
THE, THE, THE ONE GUY SAID IT RIGHT.
THE COVENANTS IS AN AGREEMENT SIGNED BETWEEN THE P O A AND THE HOMEOWNER, NOT WITH THE COUNTY.
THE BOARD OF SUPERVISORS HAS NO LEGAL ENFORCEMENT TO ENFORCE YOUR COVENANTS.
YOU HAVE TO DO IT THROUGH CIVIL COURT.
IF IT DOESN'T, UM, YOU KNOW, IF SOMEBODY'S DOING SOMETHING OUTSIDE OF YOUR COVENANTS, YOU KNOW IT.
I THINK
YOU KNOW WHAT I MEAN? WHATEVER IT IS, YOU KNOW, THIS THING OR IF YOU WANT IT ENFORCED, BOARD OF SUPERVISORS CANNOT ENFORCEMENT.
AND THE REASON WHY THAT GETS COMPLICATED IS IT MIGHT BE A GOOD IDEA.
YOUR SUBDIVISION, WHATEVER THE RULE IS, IT MIGHT NOT FIT THE REST OF THE COUNTY.
WHATEVER ORDINANCE WE PASS HERE TO ENFORCE, OR THE BOARD DOES, RATHER THAN NOT US, OH, WE HAVE TO ENFORCE IT EVENLY.
SO WE CAN'T ENFORCE YOUR COVENANTS AND WE CAN'T MAKE YOUR COVENANTS, OUR ORDINANCE, BECAUSE IT MIGHT NOT BE APPLICABLE TO THE OTHER SUBDIVISION.
MAYBE IT'S SOMETHING YOU WANT TO RULE IN YOUR SUBDIVISION, BUT MAYBE THE SUBDIVISION DOESN'T.
SO COMPETENCE GETS REALLY TRICKY.
AND I, AND I APOLOGIZE FOR THAT.
I, THERE'S NOT A GOOD SOLUTION FOR IT.
UM, I WISH I HAD A BETTER ANSWER FOR THAT.
UM, THERE WAS SOME CONCERNS ABOUT WATER IN HOUSE PLACEMENT.
ALL VERY, VERY, MAYBE NONE OF THESE ARE BUILT IN SHORT TERM TUR RENTALS.
THERE ARE A LOT OF EXISTING PROPERTIES.
SO, UH, TO SAY, HEY, I DON'T WANT A SHORT TERM TURF RENTAL 'CAUSE IT'S GONNA BE ANOTHER, WELL, IT'S PROBABLY A HOUSE ALREADY GONNA BE THERE.
AND IT'S WHAT WE HAVE FOUND OUT.
UH, SHORT TERM TOURIST RENTAL DOESN'T WORK A HOUSE AS HARD, IT DOESN'T PRODUCE THE TRAFFIC OR THE WATER USAGE.
'CAUSE THEY'RE NOT THERE SEVEN DAYS A WEEK.
AND KNOW, KNOW, TYPICALLY THEY'RE NOT GONNA DO LAUNDRY.
THEY DON'T HAVE THEIR KIDS AT, OH, THERE'S A LOT OF DERELICT PROPERTIES THAT WERE IN THE FARM THAT WERE JUST SHOULD SHOULD'VE BEEN PUSHED OVER.
AND THEY COME IN AND, YOU KNOW, IT IS NOT A MARKETABLE PRODUCT.
LIKE IT, IT'S NOT A LONG TERM RENTAL'S TERRIBLE.
SO SOME OF THE PLUSES TO A SHORT TERM RETURN.
SO YOU CAN TAKE AN IS SOURCE PROPERTY, SOMEBODY'LL FIX IT UP, MAKE A WEEKEND HOME, THEY'LL USE IT THEIRSELF, AND THEN THEY'LL RECO SOME OF THE COSTS AND YOU'LL GET SOME BAD NEIGHBORS.
YOU KNOW, REALLY IT'S WHAT WE'D LIKE TO SEE IS MAYBE A COUPLE OUT OF DC COME IN, STAY THE WEEKEND AND VISIT THE WINERY.
SO, YOU KNOW, SOMETHING AREA THAT'S THAT'S A, THAT'S A BETTER, A BETTER FIT FOR THE COMMUNITY.
BUT IT'S, IT'S NO WAY TO 100% POLICE THAT ALL.
I DO NOT LIKE THE IDEA OF TAKING A HUNDRED FOOT SET BACK OUT.
ALL I PERSONALLY LIKE THE WAY WE HAD IT OTHER THAN THE OTHER CHANGES, YOU KNOW, THE LEGAL TERMS AND THE, YOU KNOW, INSTEAD OF THE CONDITION, YOU KNOW, THE NO FIREARMS AND THINGS LIKE THAT.
OH, YOU'D SAY WELL JUST LEAVE THE A HUNDRED FOOT SETBACK ALL THE TIME.
AND THAT'S NOT A BAD RULE UNTIL WHAT IF THE GUY LIVING NEXT DOOR TO, IT'S THE GUY THAT OWNS THE ONE BESIDE, WHAT IF BOTH OF 'EM, WHAT IF SOMEBODY BUYS STICK PROPERTIES AND THEIR PLACE TO GO AND THEY WANT BOTH OF 'EM SHORT TERM TURNAROUNDS, SAY LIKE BENNY'S BEACH AREA OR SOMETHING LIKE THAT.
THESE LITTLE TEENY HOUSES THAT ARE IN THE FLOODPLAIN PROBABLY SHOULDN'T HAVE BEEN BUILT TO START WITH, BUT THEY'VE BEEN THERE FOREVER.
THEY'RE NOT A GOOD SOLUTION FOR LONG TERM.
'CAUSE THEY CAN FLOOD TO MAKE 'EM A SHORT TERM TUR RENTAL, BUT THEY WON'T MEET ANY NEW CODE.
SO I WOULD NOT SUPPORT ANYTHING THAT WOULD TAKE THE A HUNDRED FOOT SETBACK OUT, BUT I DO.
AND THEN, LIKE, WE HAD ONE EARLIER, IT WAS 95 FEET, THEY'RE MISSING IT ABOUT FIVE FEET ABOUT THIS FAR, AND IT'S HEAVENLY DENSE WOODED IN BETWEEN IT AND THAT NEIGHBOR SUPPORTS IT WELL, THERE'S NO REASON TO TURN IT DOWN.
[01:25:01]
SHE'S GOT ONE 50 FEET AWAY AND DOESN'T HAVE ANY BUFFERING.AND IF WHATEVER THEY SAY SHE CAN HEAR IN HER DECK, WELL, SHE COMES IN AND SAY, HEY, THIS ONE'S ONLY 50 FEET AWAY.
I'M NOT GONNA WAIVE THAT RULE BECAUSE SHE'S GOT A LEGITIMATE COMPLAINT.
SHE DOESN'T HAVE ENOUGH BUFFERING AND SCREENING AND SHE'S NOT NOWHERE NEAR THE A HUNDRED FOOT.
SO I LIKE LEAVING THE A HUNDRED FOOT IN TO MY DISCRETION.
AND IF WE HAVE THE OPPORTUNITY TO WAVE IT, THE ONLY TIME THAT I'LL WAVE IT IS IF THAT GUY THAT'S ENCOURAGED ON SUPPORTS IT.
SO, UH, I DON'T LIKE A OR B AND I DON'T IF SOME STUFF IN C THAT I LEGAL WOULD HAVE TO LOOK AT.
OH, I, I PERSONALLY LIKE ALL THE CHANGES.
OF COURSE, THE ONE THAT'S DIFFERENT FROM A AND B I JUST SEEN LEAVE IT LIKE WE GOT IT.
I DON'T, YOU KNOW, I HATE TO PICK ON SOMEBODY IF WALT MATE'S GETTING TOO OLD AND HE GETS CONFUSED AND CAN'T READ THAT ORDINANCE AND UNDERSTAND IT, MAYBE HE SHOULD DO SOMETHING ELSE.
SO WE DON'T HAVE A PROBLEM WITH IT AT THIS LEVEL.
I MEAN, WE'VE NEVER HAD A BIG FIGHT OVER IT.
OR LIKE, IT WAS JUST SO CONFUSING.
I'M NOT SURE WHY THE BOARD GETS SO CONFUSED ON THAT.
WHY ARE THEY MAKING A POLITICAL, A POLITICAL ISSUE? OKAY.
I THINK PROBABLY THE, THE ONE OF THE PRIMARY THINGS THAT, AND THIS WAS AMENDED IN THE SUPPLEMENTAL REGULATIONS, IS THEY JUST COULDN'T GET A HANDLE ON JUST WHAT IS A, A LOCAL PROPERTY MANAGER.
OKAY, UH, WHERE DOES THAT PERSON LIVE? YOU KNOW, IS IT, IS IT NORTHERN VIRGINIA? IS IT DC OR DO YOU HAVE SOMEBODY WHO'S WITHIN 20 MINUTES OR A HALF AN HOUR AWAY? OKAY.
SO THAT WAS REALLY PART OF WHAT DROVE THIS.
AND THEN THE ADDITIONAL STANDARDS THAT WE HAVE, YOU KNOW, HOW DO YOU DEFINE, YOU KNOW, WHAT IS, I MEAN, YOU HAVE THE A HUNDRED FOOT SETBACK, BUT YOU KNOW, IF SOMEBODY IS NOT WITHIN THAT, YOU KNOW, WHERE'S THE STANDARD THERE TO DENY IT REALLY, OTHER THAN SPECIFICALLY SPECIFIC TO THE PROPERTY, WHETHER IT BE, YOU KNOW, THE ROAD GOING TO IT OR, OR I MEAN, YOU HAVE A LOT OF PEOPLE COME OUT.
I MEAN, WE'VE HAD A COUPLE WHERE IT WAS LEGITIMATE, YOU KNOW, THE, THE GUESTS WERE ACTUALLY PARKING IN THE NEIGHBOR'S PARK PARKING SPACE.
SO THAT, YOU KNOW, THAT'S A LEGITIMATE THING.
UM, I THINK WHERE WE WERE GOING WITH THIS, AND CHASE CAN HE, HE DRAFTED THE ORDINANCE.
HE CAN, HE CAN KIND OF TELL YOU A LITTLE BIT ABOUT WHERE HE CAME FROM WITH DOING EITHER SETTING THE, EITHER OR EITHER YOU HAVE IT OR YOU DON'T HAVE IT FOR THE A HUNDRED FOOT SETBACK.
UH, I WILL MENTION IN LOOKING THROUGH, AND I I DID LOOK AT THIS LAST WEEK WHEN WE GOT IT IN LOOKING THROUGH THAT OPTION C UM, THEY, THEY DO NOTE IN THERE, I'LL JUST READ THIS IN RENEWAL FEE TO BE SET BY THE BOARD OF SUPERVISORS TO BE ASSESSED TO FUND STAFFING FOR RENEWAL PROCESS INPUT FROM THE AFFECTED P O A H O A, UH, WILL BE SOLICITED IN THE RENEWAL PROCESS.
PROPER OWNER COMPLAINTS, POLICE REPORTS, MAINTENANCE CONCERNS WILL BE SUBMITTED GIVEN THE SERIOUS CONDITION, GIVEN THE SERIOUS CONSIDERATION, UH, A PERMIT RENEWAL.
AND WARREN COUNTY MAY OR WILL THEY, THEY ACTUALLY PUT, WILL REVOKE A PERMIT FOR REPEATED NON-COMPLIANCE FOR THE PERFORMANCE STANDARDS.
UM, I AGREE TO SOME EXTENT WITH THAT.
WE DO, UH, DO AN ANNUAL REVIEW OF THESE.
UM, I I THINK IN PART WE COULD ADD AS PART OF PROCEDURAL ITEM IS TO REACH OUT TO THE P O A H O A AND SAY, HEY, Y'ALL HAVE, HAVE Y'ALL HAD ANY PROBLEMS WITH THIS? OKAY.
WE CURRENTLY DO NOT CHARGE A RENEWAL FEE, BUT WE DID RECENTLY UP OUR FEES TO, UH, 1,750 FOR AN APPLICATION FEE FOR THE CONDITIONAL USE PERMIT FOR SHORT-TERM TOURIST RENTALS, CONSIDERING SOME OF THE POST-APPROVAL, UH, PROCESS THAT WE HAVE TO GO THROUGH WITH THEM, WHICH ENTAILS STAFF TIME.
AND THEN OF COURSE IS ANNUAL REVIEW.
UH, THAT POTENTIALLY COULD BE A, A GOOD ADDITION TO IT.
UH, I CERTAINLY WILL LOOK AT, UH, PROCEDURALLY DIRECTING STAFF TO, UH, MAYBE WE CAN JUST PUT THAT ON OUR CHECKLIST.
HAVE WE REACHED OUT TO THE P O A H O A AT THAT ANNIVERSARY DATE OR WHATEVER.
THAT'S SOMETHING ELSE WE'VE TALKED ABOUT HERE BEFORE, IS IF SOMEBODY'S NOT COMPLYING WITH THE RULES, I'M READY TO PULL IT.
YOU KNOW, IT IS NOT, OF COURSE IT'D BE A BOARD DECISION, BUT THE COMPLAINT, WELL, THERE IS A PROCEDURE FOR THAT TOO.
BUT, BUT THE COMPLAINT NEEDS TO GO WHERE NOT TO THE SHERIFF'S DEPARTMENT.
WELL, WE HAVE TO, WE HAVE TO HEAR IT.
WE, IF WE DO NOT HEAR IT, WE DON'T, YOU KNOW, WE, WE CAN'T DOCUMENT IT IN OUR RECORDS TO SAY, OKAY, WE SHOW A CONSISTENT PATTERN OF, OF NON-COMPLIANCE.
UM, SO I WOULD SAY ONE OF THIS COMPLAINT
[01:30:01]
CALL PLANNING AND ZONING, AND WE DO IT AND, AND MR. MR I, I HATE TO DO THAT TO YOU, BUT I, NO, I, I MEAN THAT'S OUR JOB AND THAT'S WHAT MR. LENS IS OUR ZONING ADMINISTRATOR AND MR. BURKINS WHO'S ZONING OFFICER, OUR TASK TO DO, ENFORCE OUR ORDINANCES.SO, 'CAUSE I'VE SAID THAT BEFORE, FOR PEOPLE THAT WERE LIKE REALLY CONCERNED, IT WAS LIKE, HEY, THIS COULD BE TAKEN AWAY.
THIS IS NOT A PERMANENT THING IF THEY DON'T COMPLY WITH THE RULES.
I MEAN, I'VE SOLD IT THAT WAY AND FOR US NOT TO BE DOING THAT, BUT WOULD MAKE ME HYPOCRITICAL IN OUR STAFF.
I'LL JUST MENTION OUR STAFF DOES PERIODICALLY WHEN IT FAIRLY REGULAR BASIS, REVIEW THE WEBSITES FOR WHO IS ADVERTISING AND, AND IF THEY'RE ILLEGALLY ADVERTISING WITHOUT A PERMIT, THAT KIND OF THING, THEY WILL GET A NOTICE OF VIOLATION.
AND, AND AGAIN, WE ADDRESS THAT ISSUE AND WITH ONE OF THE SPEAKERS NEIGHBORS.
UH, AND, UH, I BELIEVE WE BROUGHT THAT INTO COMPLIANCE AT THIS POINT IN TIME.
BUT, UH, IT'S UP TO THAT POINT, YOU KNOW, IF WE GET A CALL AND THEY SAY, HEY, SO-AND-SO'S OPERATING, DO THEY HAVE A PERMIT? WE CAN TAKE A LOOK AT THAT AND TRY AND ASSESS THE GENERAL LOCATION OF WHERE IT IS, UH, ON THOSE WEBSITES.
SO THAT'S A PART OF THE ENFORCEMENT PROCEDURES.
UM, AGAIN, IN 2014, ONE OF THE BIG THINGS THAT DID COME UP, AND IT WAS BECAUSE OF APPLICATIONS WE HAD IN HIGH NOOB AND APPLE MOUNTAIN FOR THESE, UH, WAS HOW COME THE, THE P O A H O A DIDN'T KNOW ABOUT THE APPLICATION OR WHY, YOU KNOW, WHAT CAN WE DO ABOUT THIS? AND SO THAT WE MENDED THE ORDINANCE JUST TO SAY THAT WE WILL AT LEAST NOTIFY THEM OF THE APPLICATION.
AND, UH, WE'VE TRIED TO DO THAT AS BEST WE CAN.
AND THE, AND STAFF HAS IN SOME WAYS VETTED THESE AS THEY ARE REQUESTED FOR PROPERTIES.
WE'LL SAY, LOOK, IF IT'S A GATED COMMUNITY, YOU CAN PRETTY MUCH ASSUME THAT THEY'RE NOT GONNA WANT THESE.
AND IN HIGH KNOBS CASE, THEY ACTUALLY DO HAVE IT IN THEIR RESTRICTIVE COVENANTS.
AGAIN, IT BECOMES A CIVIL MATTER.
BUT, UH, WE'VE ALSO SEEN WHERE A LOT OF THESE OTHER SUBDIVISIONS AND HOAS DON'T HAVE QUITE THE RESOURCES THAT NOW MIGHT HAVE.
SO UNFORTUNATELY, WELL, WE INTENTIONALLY WOULDN'T TRY TO GO AGAINST SOMEBODY'S COVENANT, YOU KNOW? RIGHT.
BUT, BUT YOU JUST CAN'T ENFORCE IT FROM A RIGHT.
THAT'S, THAT'S KIND OF WHERE IT COMES DOWN TO.
BUT, UH, THEY'RE RE REQUESTING A LE LEGISLATIVE ACTION BY THE BOARD TO INCLUDE THIS AS, AS SOMETHING THAT, YOU KNOW, IF THEY HAVE, IF THE P O A H O A GIVES A A THUMBS UP OR DOWN, THAT GIVES THE BOARD A REASON TO GIVE A THUMBS UP OR DOWN.
SO IT'S SETTING SOMEWHAT OF ANOTHER STANDARD.
AGAIN, IT'S WHETHER YOU AGREE WITH IT OR NOT, OR THE BOARD AGREES WITH IT.
DO, UH, DO WE WANT TO GIVE US A, A REWRITE OPPORTUNITY? 'CAUSE I I'M NOT GONNA SUPPORT A OR B AS IT WRITTEN ON, ON OPTION B TO TAKE AWAY THE A HUNDRED FOOT SETBACK FUNCTIONALLY IS NOT DIFFERENT THAN WHAT WE HAVE NOW BECAUSE YES.
IT'S NO, IT'S, IT, IT'S NOT BECAUSE RIGHT NOW WE HAVE A HUNDRED FOOT THAT CAN AT THE BOARD'S OPTION BE WAIVED.
AND BY REMOVING IT AS JUST WRITTEN, WE STILL HAVE THE OPTION TO RECOMMEND DENIAL.
AND THE BOARD CAN DENY SOMETHING IF A PREPONDERANCE OF THE NEIGHBORS DON'T LIKE IT, IF THERE IS A REAL REASON, IT SHOULD NOT BE APPROVED.
IT, IT DOESN'T HAVE TO BE A HUNDRED FOOT SETBACK.
IT, IT COULD BE OVER A HUNDRED.
IT COULD STILL BE DENIED E EXACTLY.
AND IF WE TAKE OUT, IF WE TAKE OUT THE SECTION THAT SPECIFIES A HUNDRED FEET, WE OR THE BOARD OF SUPERVISORS STILL HAS THE OPTION TO DENY BECAUSE THEY, THEY WANT TO, I MEAN, THEY, THEY DON'T, THEY DON'T NEED A REASON IN THE CODE TO POINT TO.
THEY CAN SAY IT DOESN'T FIT THE COMMUNITY.
THEY COULD STILL DENY IT IF THEY LOOK AT IT.
HEY, I MEAN, IN 15 CASES THAT HAVE COME BEFORE THE BOARD OF SUPERVISORS, ONLY THREE HAVE BEEN DENIED.
15 CASES THAT HAVE BEEN WITHIN A HUNDRED FEET, ONLY THREE HAVE BEEN DENIED.
SO THOSE THREE DIDN'T GET THEIR NEIGHBORS SUPPORT, RIGHT? MM-HMM.
AND THOSE NEIGHBORS COULD STILL COME OUT AND VOICE THEIR OPPOSITION.
I THINK THAT IF WE ELIMINATE THE SETBACK PERIOD, WE'RE GONNA HAVE A BIGGER INFLUX OF MORE AIRBNBS AND I CAN, THE AMOUNT OF AIRBNBS THAT WE'RE SEEING ON A MONTHLY BASIS, AT SOME POINT IT'S GOT A GIVE MM-HMM.
AND WE DO HAVE TO STILL LIVE HERE.
WE DO HAVE TO STILL LIVE HERE AND AFFORD TO LIVE HERE.
AND I THINK THAT JUST, JUST TO CLARIFY, AND I JUST WANT WITH THE A HUNDRED FOOT SETBACK, SO IF, IF OPTION A, UH, JUST GO OPTION A, IF WE PUT IT WITH THE R ONE ZONING DISTRICT, BASICALLY
[01:35:01]
IT'S AN ADMINISTRATIVE UP DOWN WHEN THEY COME THROUGH THE DOOR.IF YOU DON'T MEET THAT A HUNDRED FOOT SETBACK STAFF, IT'S NOT EVEN COMING TO THE PLANNING COMMISSION.
NOW, THAT DOES NOT HAVE TO GO WITH THE AG DISTRICT.
SO THE AG DISTRICT, AGAIN, IS, IS GOING TO NOT HAVE THAT.
UH, SO IT BECOMES THAT OPTION A BECOMES MORE OF AN ADMINISTRATIVE ONE STAFF.
AND, AND AGAIN, YOU CAN'T APPROVE IT IF WE PUT IT IN THERE THAT WAY.
AND IT BECOMES MORE BLACK AND WHITE.
WITHOUT THE PLANNING COMMISSION AND BOARD HEARING THAT.
SO AGAIN, I JUST WANTED TO CLARIFY THAT BECAUSE YEAH, MR. LENS WORKED ON THESE AND TRY TO THINK THESE OUT A LOT.
AND, AND SO IT WAS MORE OF A, MORE OF A KIND OF A DO WE GO THIS WAY AND BECOME VERY STRICT ON IT? DO WE GO THIS WAY AND NOT, YOU KNOW, AND OPEN IT UP OR DO AS YOU'RE SAYING HERE TONIGHT, UH, JUST LEAVE IT AS IT IS WITH THE R ONE AND AG DISTRICT AND BASICALLY ALLOW THE PLANNING COMMISSION AND BOARD TO, TO WAIVE IT AS, AS IS THAT THAT'S, THAT'S THE WAY I LIKED IT.
I MEAN, WE WAIVED ONE THIS EVENING FOR FIVE FEET.
HEAVY, DENSE WOODS WAS FIVE FEET.
CAN I, CAN I ASK YOU THEN, ON BEHALF OF CHASE AND I, IF WE BRING THIS BACK WITH ALL THE OTHER CHANGES, WHICH SOUND LIKE THEY MAKE SENSE TO YOU, UH, ARE THERE ANY IN, UH, OPTION C THAT YOU WOULD WANT TO SEE, UM, OR FEEL COMFORTABLE WITH ON BEHALF OF, THERE'S NOT DIFFERENCE BETWEEN A AND B OTHER THAN THE A HUNDRED FOOT SETBACK RULE.
UH, THE REST OF THE SUPPLEMENTAL RATE AND, UH, CHASE, YOU, YOU, YOU'VE DRAFTED THIS.
WAS THERE ANY DIFFERENCE BETWEEN A AND B OTHER THAN THE A HUNDRED FOOT SETBACK RULE? YEAH, A ADDS, UH, THE REQUIREMENT OF 100 FEET OF SEPARATION TO THE LISTED USE IN RESIDENTIAL ONE, WHEREAS B JUST GETS RID OF THE REQUIREMENT ALTOGETHER, BUT A AND B WOULD BE THE SAME OTHER THAN THAT.
AND THAT'S WHY I DID THE BULLET POINT LIST EXPLAINING WHAT ALL THE, THE SAME, THAT'S WHAT I, THAT'S WHAT I GOT.
SO I'M FINE WITH, WITH THE REST OF THE CHANGES, BUT I LIKE, I LIKE OUR HUNDRED FOOT RULE AS IS.
AND WHILE, WHILE WE HAVE OUR CITIZENS HERE, COULD, COULD YOU MAYBE JUST GIVE US SOME GUIDANCE ON THE, THEIR COMMENTS FOR THEIR OPTION C AND WHAT WE, WE HAVE HAD, WHAT WE HAVE THERE AS FAR AS THEIR OPTIONS? UM, OR WE COULD, WELL, I WOULD JUST LIKE TO DRAFT, YOU KNOW, WE WOULD LIKE TO DRAFT SOMETHING.
I'LL BE HONEST, I DIDN'T GET IT UNTIL I GOT HERE, BUT THE C HAS GOT A HUNDRED FOOT IN STANDING PERIOD.
CORRECT? IS THAT WHAT I READ? MM-HMM.
SO BY HAVING THAT A HUNDRED FOOT WRITTEN IN STONE, IF IT'S NOT A HUNDRED FOOT APART, YOU'RE ABSOLUTELY NOT.
WE CAN'T, I, I CAN'T SUPPORT IT THAT WAY.
I, I THINK AND YOU WOULD PREFER, UH, OKAY.
I'M SORRY, MR. OH, I WAS GONNA SAY FROM OPTION C, UM, I, I THINK ONE THING THAT YOU BROUGHT UP BEFORE THAT, THAT COULD HELP ADDRESS SOME OF THOSE CONCERNS WOULD BE, UM, ON THE ANNUAL RENEWAL TO SEND A, A NOTICE TO THE H OA AND SIMILAR, IT'S NOT IN THERE DEFINITELY ANY THAT YEAH.
SIMILAR LIKE THEY GET NOW, UH, AT INITIAL APPLICATION.
IT CERTAINLY, I, I DON'T KNOW IF WE WOULD WANNA DO A FEE.
WE CAN ALWAYS LOOK AT THAT AND I WOULDN'T DO THE FEE.
THE SEC, THE SECOND REASON FOR THAT IS IF IT'S AN AIRBNB, IT IS A NET POSITIVE FOR OUR COMMUNITY.
'CAUSE MOST FULL-TIME HOUSES HAVE KIDS IN SCHOOL AND FOR EVERY RESIDENTIAL HOUSE, IT HAS TWO KIDS IN SCHOOL, IT DOES NOT COLLECT ENOUGH TAXES TO PUT THOSE KIDS TO SCHOOL WHERE I HAVE TO REIMBURSE IT FROM SOMEWHERE ELSE.
SO WHEN YOU TAKE IT OUT OF FULL-TIME RESIDENCE, THERE IS NO SCHOOL LOAD OUT OF AN AIRBNB.
SO IT MAKES IT A NET POSITIVE.
AS PART OF OUR REVIEW PROCESS, WE DO VERIFY THAT TRANSIENT LODGING TAXES HAVE BEEN PAID IN FULL.
YOU CHECK WE DO CHECK THAT CHECK THAT'S RIDICULOUSLY LOW.
MAYBE YOU COULD BUMP THAT JUST A LITTLE.
IT'S A LITTLE ONE THAT ACTUALLY MIGHT BE A STATE THING, BUT IN ANY CASE, UM, OKAY.
WE WILL CONSIDER THAT, UH, WITH A REDRAFT.
AND THEN WELL, AND MR. CHAIRMAN, IF I MAY, THE COMMISSION CAN, ONE OF THE MOTIONS ON THE TABLE IS WITH THE TWO OPTIONS
[01:40:01]
BEING PRESENTED TO YOU, YOU CAN VOTE TO DENY THEM, UH, VOTE TO MOVE ON TO THE BOARD OF SUPER SUPERVISORS WITH THE RECOMMENDATION OF DENIAL BECAUSE THIS HAS BEEN ADVERTISED ANYTHING REGARDING OPTION C, AND IT SOUNDS LIKE THERE'S PRETTY EXTENSIVE CHANGES.YOU WOULD WANT TO EITHER A OR B THAT IS GONNA REQUIRE ANOTHER PUBLIC HEARING, BUT AS FAR AS OPTIONS A AND A AND B, YOU DO HAVE THE OPTION TO RECOMMEND DENIAL OF THOSE OPTIONS MOVED TOWARDS THE BOARD OF SUPERVISORS.
SO I DID WANT TO JUST MAKE SURE THAT THE COMMISSION WAS AWARE THAT THAT WAS ALSO AN OPTION.
SO LEGALLY WE JUST DENIAL REWRITE, IT'LL GET IT ON PUBLIC DENIAL MEANS WE KEEP IT AS IS UNTIL THE REWRITE AND THEN IT'LL BEEN ALL PUBLIC HEARING AND THEY'LL GET IT ALL SHOT.
THE, WELL, THE PUBLIC, THE PUBLIC HEARING WILL BE BEFORE THE BOARD OF SUPERVISORS.
AND THEN, UM, SO THEY COULD ACCEPT IT A OR B? YEAH.
YEAH, THEY COULD, THEY COULD, MM-HMM.
UH, DO US NO GOOD TO TABLE IT AND REWRITE IT HERE THEN BECAUSE THE WAY IT WAS ADVERTISED.
ANY, BASED ON THE DISCUSSION TONIGHT, ANYTHING THAT COMES BACK IS GONNA HAVE TO BE READVERTISED AND THERE'S GONNA HAVE TO BE ANOTHER HEARING BASED ON THOSE REWRITES, WHICH ARE THEN JUST GONNA BE PUSHED TO THE BOARD OF SUPERVISORS AT THIS BECAUSE THE PLANNING COMMISSION SERVES AS AN, AN ADVISORY, UM, PUT AS AN ADVISORY POSITION, YOU WOULD THEN ADVISE THE BOARD OF SUPERVISORS YOU BELIEVE THESE OPTIONS ARE ARE BAD, UM, FOR, FOR THE COMMUNITY.
AND WE WILL HAVE THE, I BELIEVE THE MINUTES ARE PREPARED BEFORE THE BOARD OF SUPERVISORS.
UM, AND SO THEY WOULD BE ABLE TO SEE THE, THE DISCUSSION, SEND IT RIGHT BACK.
THEY COULD SEND IT BACK TO AND THEY COULD SEND IT BACK.
WE'LL, WE'LL IN THE MEANTIME, REDRAFT, I'LL MAKE A MOTION THEN IF EVERYBODY'S READY.
FINDING PROPOSED ZONING ORDINANCE AMENDMENTS ARE NOT APPROPRIATE FOR PUBLIC NECESSITY, CONVENIENCE, AND GENERAL WELFARE AND IS NOT GOOD ZONING PRACTICE.
I MOVE THAT THE PLANNING COMMISSION FORWARD THE PROPOSED AMENDMENTS TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION OF DENIAL.
I'LL SECOND ALL THOSE IN FAVOR OF THE MOTION.
THAT, WE'LL FORWARD THAT ON TO THE BOARD OF SUPERVISORS.
IF, IF A BOARD WANTS TO HAVE SOME KIND OF JOINT THING TO HASH IT OUT OR WORK SESSION OR SOMETHING, I'D BE GLAD TO COME IN WITH IT.
TO EXPEDITE THINGS FOR EVERYBODY.
WE, AND WE WILL MAKE SURE THAT THEY GET THE, UH, THE OPTION, SEE THE COMMENTS FROM THE POAS, UM, FOR THEIR NEXT MEETING ALSO, AND THEY GET, THEY CAN LOOK AT IT, BUT, UH, WE, IT WOULD COME BACK TO US TO REDRAFT WITH ANY, SEND YOU THE, A NEW LETTER BECAUSE WE DID HAVE ANOTHER P O A SIGN ON THEY VOTED.
SEND IT TO US DIGITALLY IF, IF YOU CAN ALSO THANK YOU GUYS VERY MUCH.
WE APPRECIATE FEELING LIKE WE WERE HEARD AT A PUBLIC MEETING.
[VI.D. Z2023-08-03 - Lighting - Warren County Planning Staff - A request to amend Chapter 180 of the Warren County Code to amend Section 180-8C to add the definitions of Footcandle, Fully Shielded Fixture, Glare, Outdoor Lighting Fixture, and Recessed Canopy Fixture and to amend Section 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 land uses. - Chase Lenz, Zoning Administrator]
PUBLIC HEARING Z 20 23 0 8 0 3 LIGHTING, WARREN COUNTY PLANNING STAFF REQUEST TO AMEND CHAPTER 180 TO WARREN COUNTY CODE TO AMEND SECTION 180 DASH EIGHT C, THAT DEFINITIONS OF FOOT CANDLE, FULLY SHIELDED FIXTURE GLARE, OUTDOOR LIGHTING FIXTURE AND RECESSED CANOPY FIXTURE.AND TO AMEND SECTION 180 DASH 49.2 TO MODIFY AND UPDATE THE LIGHTING REQUIREMENTS AND STANDARDS OF ALL ZONING DISTRICTS, INCLUDING SPECIAL REQUIREMENTS RELATED TO REVIEW SITE PLANS FOR COMMERCIAL INDUSTRIAL USES, MR. LIN.
SO ATTACHED YOU'LL FIND A DRAFT ORDINANCE TO AMEND WARREN COUNTY CODE SECTION 180 DASH EIGHT C TO ADD THE DEFINITIONS OF FOOT CANDLE, FULLY SHIELDED FIXTURE GLARE, OUTDOOR LIGHTING FIXTURE, AND RECESSED CANOPY FIXTURE INTO AMEND SECTION 180 DASH 49.2 FOR LIGHTING IN THE SUPPLEMENTAL REGULATIONS SECTION 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.
IN THE, IN THE WARREN COUNTY, UH, STAFF HAS RECEIVED COMPLAINTS ABOUT GLARE AND EXTERIOR FLOOD LIGHTS AIMED TOWARD NEIGHBORING HOMES CAUSING A NUISANCE AND ALSO EXCESSIVE LIGHTING INTO ROADWAYS FROM COMMERCIAL PROPERTIES.
THE CURRENT CODE HAS NO WAY TO ENFORCE AND REGULATE THESE ISSUES.
STAFF HAS WRITTEN THIS NEW CODE WHICH WOULD GIVE STAFF THE ABILITY TO HELP ALL RESIDENTS THAT ARE HAVING THESE ISSUES BY SENDING NOTICE OF VIOLATIONS CITING THIS NEW CODE SECTION.
THIS NEW CODE ALSO PUTS LIGHTING RESTRICTIONS ON PROPERTY LINES, ROADWAYS, PARKING LOTS, AND OTHER LOCATIONS IN THE RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS, WHICH WOULD BE MEASURED BY FOOT CANDLES AND NOT BY THE WATTAGE OF THE SPECIFIC BULB.
[01:45:01]
THAT ARE CURRENTLY IN THE LIGHTING ORDINANCE WOULD BE MOVED TO THE DEFINITION SECTION OF THE ZONING ORDINANCE.THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
ANYONE CARE TO SPEAK FOR OR AGAINST, PLEASE COME FORWARD.
I'M ASSUMING NO ONE SIGNED UP.
NO, THERE WAS NO ONE ON THE LIST.
YOU COULDN'T FIND A SIGN UP SHEET.
I KNOW IT'S GETTING LATE, SO I WILL BE VERY BRIEF.
UH, MY NAME IS, IDENTIFY YOURSELF WITH MY NAME IS JUDY BAJO.
I'M HERE WITH MY HUSBAND AUSTIN AND UH, WE ARE AT 38 SS RIVER ROAD.
WE'RE HERE IN SUPPORT OF THE PROPOSED CHANGES BECAUSE WE LIVE OUT IN THE COUNTY IN A RURAL AREA, AGRICULTURALLY ZONED THESE CHANGES WOULD MAKE IT SO THAT LIGHT CANTON ROACH ON OUR PROPERTY AND CAUSE US TO NOT BE ABLE TO ENJOY OUR LAND.
UM, LIGHT POLLUTION FROM NEIGHBORS CAN AFFECT ANYTHING IN A RURAL COUNTY, INCLUDING THINGS LIKE BLOCKING OUT THE STARS ALL THE WAY UP TO ATTRACTING THINGS LIKE COYOTES AND BEARS TO OUR PROPERTY.
IT CAN EVEN IMPACT THE AGRICULTURAL VIABILITY OF THE LAND.
AS A PERSONAL EXAMPLE, I CAN'T RAISE MY HONEYBEES ON LAND THAT HAS LIGHTS BLARING IN FROM ALL OVER.
UM, MY UNDERSTANDING OF THE REGULATIONS IS THAT IT ALLOWS PROPERTY OWNERS TO DO WHATEVER THEY LIKE SO LONG AS IT DOESN'T ENCROACH ON THE NEIGHBOR'S LAND.
I KNOW THAT NO ONE HERE WANTS TO SIT ON THEIR PORCH AND STARE STRAIGHT INTO FLOODLIGHTS.
SO I HOPE YOU'LL CONSIDER THESE CHANGES AND I THANK YOU VERY MUCH FOR YOUR TIME.
ANYONE ELSE? ONE COMING FORWARD PUBLIC HEARING IS CLOSED.
I GOT A QUESTION FOR MR. LYNCH.
IT'S ON PAGE SEVEN OF THE ORDINANCE IN OUR PACKET.
IT SAYS THE EXEMPTION FOR RESIDENTIAL.
SO DOES THAT AFFECT PARAGRAPH C THEN? YEAH.
SO THE EXEMPTION FOR, UM, I'M GUESSING YOU'RE REFERRING TO, UH, F FIVE LIGHTING LOCATED ON THE PROPERTY.
SO BASICALLY THAT EXEMPTION IS SAYING THAT YOU DO NOT NEED TO GET A PERMIT TO INSTALL A LIGHT FIXTURE ON AN AGRICULTURAL OR RESIDENTIAL, UH, PARCEL.
AND IT DOESN'T HAVE TO MEET CERTAIN REQUIREMENTS LIKE THE HEIGHT REQUIREMENT THAT'S LISTED IN THIS ORDINANCE.
UM, IT'S, IT'S LIKE, LIKE THE CITIZEN MENTIONED, IT IS A MATTER OF WHETHER OR NOT IT SPILLS ONTO ANOTHER PROPERTY IF IT EXCEEDS THAT FOOT CANDLE AMOUNT.
SO IT STILL HAS THE FOOT CANDLE REQUIREMENT? THAT'S CORRECT BECAUSE WHEN I READ IT, I SAID, I LOOKED AT IT AND WENT, HOLD ON.
SO IF YOU THINK OF IT LIKE THIS, THE FIXTURE ITSELF IS EXEMPT, THE LIGHT THAT IT CAUSES IS NOT CORRECT.
AND KIND OF ALSO FURTHER BRING BACK A LITTLE BIT OF THE CITIZEN'S CONCERN.
THIS CANNOT BE ENFORCED RETROACTIVELY, CAN IT? THIS IS JUST NEW FIXTURE, NEW LIGHTING.
AND AS FAR AS THE, THE GLARE, I WOULD SAY THAT IT SHOULD STILL BE ENFORCEABLE, UH, AS IT IS AN ONGOING ACTION.
UM, SO, UH, AND AGAIN, IT IS A MATTER OF WHETHER OR NOT THAT THRESHOLD OF LIGHT IS SPILLING OVER AT A PROPERTY LINE.
UM, SO I THINK THAT THE, THE GLARE ITSELF WOULD BE ENFORCEABLE TO EXISTING LIGHTS.
AND AGAIN, THAT WOULD BE CASE ON A A COMPLAINT.
I KNOW YOU'RE NOT GOING GO OUT THERE FOR BLACK METER.
YOU'RE NOT GONNA DRIVE AROUND AT NIGHT
WE'RE NOT GONNA HAVE A LIGHT POLICE, IN OTHER WORDS.
NOW I WAS JUST THINKING THE THING THOUGH, IF SOMEONE, YOU KNOW, YOU CAN'T COMPLAINED TO HIM.
OH, KAREN MINES WENT IN BEFORE THE ORDINANCE.
YEAH, YOU CAN CHANGE YOUR BULB
YOU CAN, YOU CAN CHANGE YOUR BULB.
BUT YOU COULD HAVE ONE THAT WAS LEGAL AND THEN CHANGE IT AND MAKE IT ILLEGAL AND THEN MM-HMM.
OTHER THAT, ANYBODY GOT ANYTHING ELSE? TAKE A MOTION PLEASE.
FINALLY THAT THE PROPOSED ZONING ORDINANCES AMENDMENT IS APPROPRIATE FOR PUBLIC NECESSITY, CONVENIENCE, GENERAL WELFARE, GOOD ZONING PRACTICE, AND MOVE THE PLANNING COMMISSION FORWARD THE PROPOSED AMENDMENT TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION OF APPROVAL.
I'LL SECOND ALL THOSE IN FAVOR.
[VI.E. Z2023-08-04 - Family Subdivisions - Warren County Planning Staff - A request to amend Chapter 180 of the Warren County Code to amend Section 180-21 to move the listed accessory use for subdivisions and combinations of subdivisions and cluster housing developments to subsection E and to add provisions for family subdivisions and combinations of subdivisions and family subdivisions to the Agricultural (A) zoning district regulations. - Matt Wendling, Planning Director]
Z 20 23, 0 8 0 4 FAMILY SUBDIVISIONS,[01:50:01]
WARREN COUNTY PLANNING STAFF REQUEST AMEND CHAPTER 180 OF THE WARREN COUNTY CODE TO AMEND SECTION 180 DASH 21 TO MOVE THE LISTED ACCESSORY USE FOR SUBDIVISION AND COMBINATION OF SUBDIVISIONS AND CLUSTER HOUSING DEVELOPMENTS TO SUBSECTION E AND TO ADD PROVISIONS FOR FAMILY SUBDIVISIONS AND COMBINATION OF SUBDIVISIONS AND FAMILY SUBDIVISIONS TO AGRICULTURAL ZONING REGULATIONS.UH, THIS REQUEST IS BEING, UH, REQUESTED, UH, BY COUNTY STAFF IN ORDER TO MEET THE NEED FOR ADDITIONAL OPTIONS FOR HOUSING FOR FAMILIES WHO LIVE IN WORK IN WARREN COUNTY AND ALSO THE GOAL OF THE COMPREHENSIVE PLAN.
THE LAND USE AND DEVELOPMENT CHAPTER NUMBER FOUR OF COMP PLANS SECTION THREE ON HOUSING AND COMMUNITY DEVELOPMENT STATES TO PROVIDE THROUGHOUT THE COUNTY RESIDENTIAL AREAS THAT OFFER QUALITY RESIDENTIAL DEVELOPMENT.
THAT'S, THAT DOES NOT DEPLETE COUNTY RESOURCES AND PROTECTS RURAL CHARACTER.
THE AGRICULTURAL ZONING DISTRICT, WHICH UH, INCLUDES NEARLY 60% OF THE LAND IN THE COUNTY, OFFERS MORE FLEXIBLE ALTERNATIVES SUCH AS MANUFACTURED MODULAR AND MODULAR AND STANDARD STICK BELT HOMES AS AN ALTERNATIVE FOR HOUSING IN THAT ZONING DISTRICT.
THIS LOWER DENSITY USE OF THE SUBDIVISION OF LAND ALLOWS FOR A BROADER DISTRIBUTION OF RESIDENTIAL DEVELOPMENT IN THE AGRICULTURAL AREAS DEDICATED FOR 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 A STATE ROAD OR WITH FRONTAGE ALONG A STATE ROAD AS REQUIRED BY A CLASS A SUBDIVISION.
FAMILY SUBDIVISIONS CAN BE A MINIMUM OF 1.5 ACRES, WHICH ALLOW FOR SIX ADDITION SUBDIVISIONS OF LAND IN, IN LOTS OF 10 ACRES.
AND THE MINIMUM ACREAGE FOR A NON-FAMILY CLASS A LOT IN THE AGRICULTURAL ZONING DISTRICT IS, IS TWO ACRES.
THIS REQUEST, EXCUSE ME, REQUIRE 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 STAY IN THE COUNTY FOR FIVE OR MORE YEARS.
ONCE THIS SUBDIVISION HAS BEEN APPROVED, IT ALSO ALLOWS FOR PARENTS TO REMAIN IN THEIR HOMES OR BUILD SMALLER HOMES WHEN THE NEW LOT AND ALLOW THEIR IMMEDIATE FAMILY MEMBER TO PURCHASE THE HOME.
THEY MAY HAVE GROWN UP IN PROVIDING HOUSING TO BOTH EXISTING AND FUTURE NEEDS OF THE FAMILIES AND THROUGH THE COUNTY WITHOUT LOSING THE RURAL CHARACTER OF THE COMMUNITY.
THE AMENDMENTS TO THE CODE NOW REQUIRE THAT ALL FAMILY SUBDIVISIONS OF LAND BE REQUIRED TO MEET THE RULES AND REGULATIONS FOR THE HEALTH DEPARTMENT FOR APPROVAL OF THE SUBDIVISION BY THE COUNTY SUBDIVISION ADMINISTRATOR.
THE AMENDMENT ALSO MOVES THE LISTED USE FROM ACCESSORY USE SUBSECTION C TO 180 21 E 21 E.
UH, HENCE THAT'S WHY YOU SEE ALL THOSE CHANGES IN THE ORDINANCE.
SO IT WAS A LITTLE BIT, IT MAY HAVE BEEN A LITTLE CONFUSING, BUT, UM, THE FURTHER WE GET OUT FROM 1977, APRIL 6TH, 1977, AS WE GO BACK TO FOR OUR PARENT PARCEL, UH, THE MORE DISTANCE AND TIME, THE MORE THOSE SUBDIVISION RIGHTS ARE GONNA BE USED UP FOR BETWEEN TWO AND 10 ACRES.
AND THIS JUST BASICALLY PROVIDES FAMILY MEMBERS WHERE THOSE SUBDIVISION RIGHTS HAVE BEEN USED UP THOSE FOUR SUBDIVISION RIGHTS TO HAVE AN ADDITIONAL TWO OPTION OF TWO SUBDIVISION RIGHTS.
UH, I'LL JUST SAY A MINIMUM ACREAGE, TYPICALLY FOR WHAT, WHAT WE SAY FOR IF YOU WANT TO GET A FAMILY SUBDIVISION IS, OKAY, YOU GOT A THREE AND A HALF ACRE SUBDIVISION.
WELL, IF YOU GOT THREE AND A HALF ACRES AND YOU WANNA SUBDIVIDE, THERE'S YOUR TWO TWO ADDITIONAL LOTS.
UH, SO THIS, THIS BASICALLY GIVES PEOPLE WHO LIVE HERE HAVE WORKED HERE, UH, WANNA STAY HERE, AN OPTION TO CONTINUE THAT VIA A FAMILY SUBDIVISION, UM, AND ALLOW TO BUILD THEIR HOUSE ON THAT INDIVIDUAL LOT.
UM, PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED, ADJACENT PROPERTY OWNERS HAVE BEEN NOTED.
WITH THAT PUBLIC HEARING IS NOW OPEN.
YOU OH, WELL I GOT A QUESTION FOR YOU.
YOU STATE LIVE IN THE COUNTY DOESN'T TO ME.
THAT MEANS I CAN MOVE OUT AS SOON AS I TAKE, UH, BUILD MY HOUSE IN MY FAMILY'S PROPERTY AND THEN SELL IT FOR A PROFIT THERE.
[01:55:01]
HAS TO OWN IT FOR FIVE YEARS.AND THEN THE SUBDIVISION THAT'S CREATED THE NEW LOT, THAT FAMILY MEMBER MUST OWN IT FOR FIVE YEARS.
IT DOESN'T SAY, I KNOW THAT THAT'S WHAT IT SAYS NOW, BUT THAT'S NOT WHAT THIS IS SAYING.
IT SAYS STAY IN COUNTY FOR FIVE YEARS.
UH, I'M JUST, I'M JUST, UH, YOU KNOW, MAKING A REFERENCE IF, IF SOMEBODY WANTS TO STAY IN THE COUNTY THE WAY OUR ORDINANCE ACT ALLOW, WHAT WE DO ALLOW IS IF THAT FAMILY MEMBER SUBDIVIDES HAVE OWN, HAS OWNED THAT PROPERTY FOR FIVE YEARS.
SUBDIVIDES IT OFF THE NEW LOT CREATED FOR THE FAMILY MEMBER MUST REMAIN WITH THAT FAMILY MEMBER FOR FIVE YEARS.
IF THAT FAMILY MEMBER NEEDS TO GO IN A NURSING HOME, WHATEVER THE CASE MIGHT BE, THAT LOT CAN BE SOLD OFF.
BUT SO, SO I'M JUST, I I GUESS I'M JUST REFERENCING THAT TO JUST BASICALLY SAY IT GIVES PEOPLE AN OPTION TO STAY WITH THEIR FAMILY FOR FIVE YEARS, YOU KNOW, AFTER THAT SUBDIVISION IS DONE.
NOW THEY, THEY CAN, THEY CAN MOVE OUT AFTER THAT OR THEY, THEY CAN RENT THE PROPERTY IF THEY, IF IF SOMETHING CAME UP THEY COULD RENT IT FULLTIME TO SOMEBODY, BUT, BUT IT WOULD HAVE TO REMAIN IN THEIR OWNERSHIP FOR THAT FIVE YEAR PERIOD.
'CAUSE BUT THAT DOESN'T ASK QUESTION.
IT'S NOT STATE THAT THOUGH IT SAYS, OH, IN THE ORDINANCE ITSELF.
LET'S DO THIS I CODE MAYBE, I MEAN WE'LL JUST GO THERE AND MAKE SURE THAT WE GET THAT RIGHT.
UM, IS THAT IN, I WROTE IT DOWN, I DON'T KNOW WHAT PARAGRAPH IT'S IN.
UH, COMBINATION OF NOT MORE THAN SIX NEW LOTS IN ADDITION TO RESIDUAL WHERE A MINIMUM FURTHER SOMETHING.
I'M SORRY, WHAT, WHAT SECTION ARE YOU, BECAUSE I'M, I'M NOT, I'M NOT SEEING THAT IN, IT WASN'T JUST IN THE STATEMENT OF JUSTIFICATION, WAS IT? I MEAN, IS THAT WHAT YOU WAS READING? YEAH, I MEAN I WAS JUST, I WAS JUST READING IT FROM MY, MY STAFF REPORT THAT THAT WASN'T THE CODE ITSELF.
I READ THAT WASN'T THE ACTUAL ORDINANCE, WHAT HE WROTE.
WELL, I DIDN'T WRITE DOWN PAGE IN PARAGRAPH, SO I I DON'T KNOW WHERE I FOUND THAT.
WHERE IT SAYS THAT 180 DASH 21 MAKE, MAKE NOTE TO CHECK IT, TO MAKE SURE IT'S WRITTEN CORRECTLY HERE.
IT WOULD BE, WELL, I MEAN, WHAT I'M LOOKING AT HERE IS, IS E FIVE A COMBINATION OF A SUBDIVISION, A FAMILY SUBDIVISION WITH NO MORE THAN SIX NEW LOTS CONTAINING LESS THAN 10 ACRES EACH APPROVED BY A HEALTH DEPARTMENT FOR THE SINGLE FAMILY DWELLINGS IN ADDITION TO THE RESIDUAL LOT OF THE PARENT PARCEL, OR A MINIMUM OF TWO LOTS SHALL BE FOR FAMILY SUBDIVISION.
FURTHER SUBDIVISION, A FAMILY SUBDIVISION SHALL ONLY BE PERMITTED FOR NEW LOTS CONTAINING 10 ACRES OR MORE.
AND THEN ABOVE THAT, A FAMILY SUBDIVISION WITH NOT MORE THAN SIX NEW LOTS CONTAINING LESS THAN 10 ACRES APPROVED BY THE HEALTH DEPARTMENT FOR SINGLE FAMILY DWELLINGS IN ADDITION TO THE RESIDUAL LOT OF PARENT PARCEL, FURTHER FAMILY SUBDIVISION SHALL ONLY BE PERMITTED IN NEW LOTS CONTAINING 10 ACRES OR MORE.
UM, WHEN WE GET INTO CODE SECTION 1 55, IN THE NEXT ORDINANCE, IT EXPLAINS A LITTLE BIT MORE OF THE STANDARDS FOR THE FAMILY SUBDIVISION, WHICH THAT IS WHERE YOU MAY HAVE SEEN THE, THE REQUIREMENT FOR THE FIVE ACRES FOR UH, FIVE YEARS.
AND, AND IT DEFINE IT FURTHER DEFINES WHAT, WHAT A FAMILY MEMBER'S DEFINE AS.
SO THESE KIND OF GO HAND IN HAND, BUT BECAUSE THEY'RE SEPARATE CODE SECTIONS, THAT'S WHY WE'RE BRINGING THEM TO YOU SEPARATELY.
I DID, I DID REACH OUT TO JOE BROGAN.
YEAH, BECAUSE IT'S ALL PIG LEFT TO ME ANYWAY.
HE SAID, UH, HE WAS GONNA COME TO THE PUBLIC HEARING TONIGHT, BUT HE HAS A DOCTOR'S APPOINTMENT TOMORROW AND HE WILL NOT MAKE A DECISION.
BUT, UH, HE SAID HE WOULD TRY TO FOLLOW UP AT THE BOARD LEVEL AND IF YOU GET A CHANCE, SEND HIM, UH, YEAH, YEAH.
I SEE HIM REGULARLY AND I, I HAVE SPOKEN TO HIM ABOUT THIS.
HE, HE, HE SAID IT SOUNDED LIKE A GOOD IDEA TO HIM.
YOU KNOW, HE, HE, UM, UH, HE SEES WHERE THOSE SUBDIVISION RIGHTS ARE, YOU KNOW, BEING USED UP AND HE'S HAVING TO TELL PEOPLE, SORRY, YOU, YOU CAN'T SUBDIVIDE COUNTY RULES WON'T ALLOW THIS.
YOU KNOW? UM, SO THIS JUST GIVES KIND OF THAT OPTION FOR, YOU KNOW, FOR FAMILIES.
MY, MY PERSONAL HOUSE IS A FAMILY SUBDIVISION LOT AND I WAS ACTUALLY ABLE TO KEEP MY SON IN THE COUNTY ENCLO WITH SOMETHING HE COULD AFFORD.
BY GIVING HIM A LOT TO FAMILY SUBDIVISION RULES ON ANOTHER PARCEL THAT I HAD PURCHASED.
SO IT, UH, IT IS A GREAT WAY FOR, UH, LOCAL FAMILIES TO
[02:00:01]
BE ABLE TO AFFORD A LOT, SO TO SPEAK.UH, HUGE HEADSTART FOR ME AND A HUGE HEADSTART FOR HIM TOO.
ME BEING ABLE TO, AND THEN AFTER FIVE YEARS, IF THEY DO THEIR JOB, TAKES 'EM ELSEWHERE, YOU KNOW, SO BE IT.
BUT AT LEAST THEY'VE, THEY'VE GOTTEN AN OPPORTUNITY, THEY'LL DRAG ME OUT.
SO WE'LL BE DOING THE SAME FOR OURS TO YEAH, THAT'S RIGHT.
THERE'S NO ONE DIFFERENT I HOW THEY HAS ANYTHING.
ANYBODY GOT ANYTHING ELSE? ANYBODY GOT ANYTHING ELSE? NOPE.
IS THERE A MOTION THAT, THAT FIVE THAT I'LL JUST MENTION, THE FIVE YEAR IS, IS IDENTIFIED IN THAT DEFINITION? IT'S IN THE NEXT ONE IN 1 55 IN THE NEXT ONE.
SO WE'RE COMING UP ON THE FIVE YEAR NEXT STEP.
IS THERE A MOTION FINDING? THE PROPOSED ZONING ORDINANCE AMENDMENT IS APPROPRIATE FOR PUBLIC NECESSITY, CONVENIENCE, AND GENERAL WELFARE, GOOD ZONING PRACTICE, AND MOVE THE PLANNING COMMISSION FORWARD THE PROPOSED ORDINANCE AMENDMENT TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION FOR APPROVAL.
[VI.F. Z2023-08-05 - Definition of Family Subdivision - Warren County Code Section 155-3(B)(l){b) - A request to amend Chapter 155 of the Warren County Code Sectionl55-3(B)(l)(b) Family Subdivisions to add subsection : Family subdivisions shall only be permitted for land in the Agricultural zoning district. - Matt Wendling, Planning Director]
Z 20 23 0 8 0 5, DEFINITION OF A FAMILY SUBDIVISION.WARREN COUNTY CODE SECTION 1 55 DASH THREE B ONE B.
REQUEST TO AMEND CHAPTER 1 55 OF WARREN COUNTY CODE SECTION 1 55 3 B ONE B FAMILY SUBDIVISIONS TO ADD SUBSECTION, FAMILY SUBDIVISION SHALL ONLY BE PERMITTED FOR LAND IN AGRICULTURAL ZONE DISTRICT.
MR. WEDLEY, YOU'VE PRETTY MUCH SAID IT ALL.
SO IN, IN R ONE ZONING DISTRICTS AT, AT TIMES THERE ARE PROPERTIES THAT ARE OVER ONE ACRE MINIMUM.
SO YOU MIGHT HAVE A, A TWO OR THREE ACRE LOT.
UM, AND, AND SINCE MOST SUBDIVISIONS ARE ON PRIVATE ROADS, THEY'RE DEDICATED FOR PUBLIC USE, BUT THEIR PRIVATE ROADS, OUR ORDINANCE DOESN'T ALLOW FOR A STANDARD LIKE A CLASS A FOR SOMETHING LIKE THAT UNLESS IT'S A STATE ROAD.
SO IN THE PAST WE HAVE APPROVED THESE AS FAMILY SUBDIVISIONS, BUT WE GET VERY, VERY FEW OF THEM.
MOST PEOPLE, WHAT WE'RE SEEING NOW IS MOST PE MOST PEOPLE ARE TRYING TO CONSOLIDATE LOTS IN ORDER TO HAVE A LITTLE BIT MORE ROOM TO PUT THEIR SHED, THEIR GARAGE, UH, A DRIVEWAY, WHATEVER IN THE R ONE.
AND ALSO IT JUST KIND OF ADDRESSES, YOU KNOW, CREATING MORE DENSITY IN THE R ONE, UH, THAN WE ALREADY HAVE.
AND, UH, SO IT KIND OF OFFSETS WHAT WE SEE, WHAT WE'RE HOPING TO SEE IN, IN SUBDIVISIONS IN THE AG.
AND UM, AGAIN, WE JUST DON'T SEE MANY OF 'EM, BUT AT LEAST WE JUST WANT TO CLARIFY THAT.
JUST TAKE IT OUT AND JUST BE ABLE TO SAY YOU CAN'T DO A FAMILY SUBDIVISION.
IS THERE ANY R ONE SUBDIVISIONS THAT ARE IN FIVE ACRE LOTS OR ANYTHING? ANY BOTTOM MAYBE.
IS THAT R ONE I THAT ADD? I'M TRYING TO THINK.
UM, CHASE, DO, CAN YOU THINK OF ANY, UM, THE BOTTOM OF THUNDERBIRD ARE ALONG THE RIVER.
YEAH, WE'RE ALL AG YEAH, IT'S ALL, THEY'RE AG THEY'RE LONG AND NARROW.
BUT THEY'RE AG THEY'RE, THEY'RE, YEAH.
I MEAN, I DON'T, I'M NOT SAYING THEY'RE A GOOD CANDIDATE TO SPLIT, BUT YOU KNOW, I MEAN, SOUTH RIVER MIGHT BE ONE.
THERE'S SOME, I'M JUST TRYING TO THINK WHAT IS THAT.
SOUTH RIVER HAS A PORTION OF IT WITH THIS AND I, I CAN'T, YEAH, I CAN'T FIND IT.
YEAH, OFF RIVERMONT SOUTH RIVER.
THERE'S PORTIONS THERE THAT ARE LIKE LARGER R ONE LOTS AND THEN THEY BECOME AG LOTS.
UM, SO YEAH, THERE'S, THERE'S A FEW PLACES, UH, BUT YOU KNOW, AGAIN, 60% OF THE COUNTIES IN AG, YOU KNOW, SO WE'RE DEALING, YOU KNOW, EFFECTIVELY WITH THAT.
I'M ASSUMING THIS HAS BEEN DEARLY ADVERTISED FOR A PUBLIC HEARING? YES, SIR.
IT HAS BEEN ADVERTISED FOR PUBLIC HEARING.
I'LL BE GLAD TO ANSWER ANY ADDITIONAL QUESTIONS YOU MIGHT HAVE WITH THAT.
PUBLIC HEARING IS NOW OPEN, SPEAK BEFORE OR AGAINST PUBLIC HEARING IS CLOSED? NOT THAT PART.
WELL, ANY FURTHER DISCUSSIONS OR MOTION? THEY DO.
I JUST HAD SOME FEAR THAT I WAS HURTING SOMEBODY, BUT I'LL MAKE THE MOTION IF I CAN FIND IT, BUT YEAH, I CAN'T FIND IT EITHER.
I DON'T THINK, I DON'T THINK WE HAVE A COVER SHEET.
I MEAN, PUT FILL IN THE APPROPRIATE DETAILS.
WELL THAT ONE DIDN'T HAVE ANY DETAILS.
THAT'S WHY I WAS GOING, IF I CAN FIND IT AGAIN.
[02:05:01]
HOW ABOUT I, I GOT YOU.FINDING THE PROPOSED ZONING ORDINANCE AMENDMENT IS APPROPRIATE FOR PUBLIC NECESSITY, CONVENIENCE, AND GENERAL WELFARE AND GOOD ZONING PRACTICE.
I MOVE THAT THE PLANNING COMMISSION FORWARD THE PROPOSED ORDINANCE AMENDMENT TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION FOR APPROVAL.
SECOND, COULDN'T HAVE SAID BETTER MYSELF.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
BE FOR, THAT'S ALL OF OUR PUBLIC HEARINGS TONIGHT.
[VII. Consent Agenda]
CONSENT AGENDA TO AUTHORIZATIONS FOR ADVERTISEMENT FOR NEXT MONTH.MR. CHAIRMAN, I MOVE THAT WE ACCEPT THE CASE CONSENT AGENDA AS PRESENTED.
[VIII.A. S-03-2023 - Buck Mountain Land LLC - Class B Subdivision - A request for final plat approval for a Class B subdivision submitted by Buck Mountain Land LLC for a subdivision containing six (6) lots. The property is located at 1820 Buck Mountain Road (State Rte. 622) and is identified on the parent tax map 37 as parcel 63. The new tax map is identified as 371 and parcels 1 through 6. - Matt Wendling, Planning Director]
BUSINESS S O 3 20 23.BUCK MOUNTAIN LAND, L L C, CLASS B SUBDIVISION.
REQUEST FOR FINAL PLAT APPROVAL OF CLASS B SUBDIVISION SUBMITTED BY BUCK MOUNTAIN LAND, L L C FOR SUBDIVISION CONTAINING SIX LOTS.
BUCK MOUNTAIN ROAD STATE ROUTE 6 22 IDENTIFIED ON THE PARENT TAX MAP.
NEW TAX MAP IDENTIFIED AS 37 I, I'M ASSUMING.
YEAH, IT'S AN I IT'S NOT A ONE.
STAFF HAS REVIEWED THE FINAL PLAN.
IT MEETS THE MINIMUM COUNTY REQUIREMENTS.
THE HEALTH DEPARTMENT HAS APPROVED THE PROPOSED WELL AND DRAIN FIELD SITES.
VDOT HAS APPROVED THE ENTRANCE LOCATIONS AND IDENTIFIED ENTRANCE IMPROVEMENTS.
ONE ROUTE 6 22 BUCK MOUNTAIN ROAD.
THE APPLICANT HAS SHOWN A 50 BY 50 PRIVATE ACCESS EASEMENT TO A 20 FOOT WIDE EASEMENT CONNECTING LOTS LOT FIVE TO SIX PER VDO T'S COMMENTS.
BOTH AGENCY COMMENTS HAVE BEEN INCORPORATED AND ARE SHOWN ON THE PLATT.
THE HEALTH DEPARTMENT AND VDOT HAVE REVIEWED AND SUBMITTED COMMENTS IN THE SUBDIVISION.
UH, AND WE'LL HAVE TO SIGN THE APPROVED PLATTS IF APPROVED BY THE, UH, UH, PLANNING COMMISSION.
THE PLANNING COMMISSION ALSO DOES HAVE AN OPTION TO, UH, TO, UH, UM, AUTHORIZE THIS FOR ADVERTISEMENT FOR A PUBLIC HEARING IF THEY CHOOSE TO.
UM, AND ALSO THIS HAS BEEN SENT TO THE BUILDING OFFICIAL, UH, WHO SUBMITTED HIS COMMENTS RELATING TO EROSION AND SEDIMENT.
UH, V A D A Q FOR STORMWATER MANAGEMENT AND REQUIREMENTS FOR THE APPROPRIATE BUILDING PERMITS, ALL OF WHICH YOU HAVE IN YOUR PACKET.
UH, CO COPY OF THE SUBDIVISION
UH, BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
AND THIS IS NOT A PUBLIC HEARING, SO WE JUST, IT'S WHATEVER YOU WANT SO WE CAN APPROVE IT OR DENY OR PUT IT OUT FOR PUBLIC HEARING PRETTY MUCH.
UH, IF YOU FEEL IT MEETS ALL THE REQUIREMENTS OF CODE SECTION 1 55 21 B, WHICH IS, UH, I, I DIDN'T READ THAT TO YOU, BUT THAT'S, UH, IN OUR ORDINANCE.
UH, YOU JUST, IF YOU FEEL THAT IT MEETS ALL OF THAT, THEN YOU APPROVE IT.
AND OUR LAND COMMISSION CHAIRMAN ACTUALLY WILL HAVE TO SIGN THOSE.
UH, I THINK I HAVE THE ORIGINALS BACK IN MY OFFICE, BUT, UH, WHO'S IN YOUR DISTRICT? WE NEED, I MEAN, IT'S THE OLD MAISIE CAMPBELL PROPERTY, WHICH PORTIONS OF IT TO THE, IF YOU'RE GOING LOOKING EAST PORTIONS OF IT, I THINK HAVE ALREADY BEEN SUBDIVIDED TO FAMILY MEMBERS A LONG TIME AGO.
AND THEN THESE ARE THE PORTIONS OF IT TO THE WEST.
AND THEY'RE ALL PRETTY GOOD SIZE.
I THINK THEY'RE 10 ACRE PARCELS, ACTUALLY, SO.
UM, IT'S, THEY'RE GONNA BE A NICE LOT.
SO, UM, YEAH, THEY, UH, AND, AND OTHER THAN SOME OF, SOME SLOPE CHALLENGES AND YOU KNOW, THE ENTRANCES AND THAT'S WHY VDO T'S COMMENTS ADDRESSED THAT IN FIVE AND SIX, I THINK.
UH, UH, THERE HAVE BEEN MANY OTHER HOUSES BUILT ALONG THAT ROAD ON STEEPER SLOPES.
HAVE ONE 20 ACRE LOT IN THE REST ARE ALL IN MM-HMM.
I THINK THE FAMILY, THE OLD FAMILY HOME IS ON THAT 28TH.
IT'S ON THE 20 ACRE LOT ALONG WITH THE POND THERE.
THERE'S AN OLD BARN AND BEAUTIFUL AREA.
I'LL MAKE A MOTION IF YOU WANT, BRING IT ON, MOVE THAT THE PLANNING COMMISSION, APPROVE AND AUTHORIZE THE CHAIRMAN, SIGN THE PROPOSED SUBDIVISION PLAT AND REQUEST THAT STAFF NOTIFY THE BOARD OF SUPERVISORS OF THE DECISION.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[02:10:01]
NEXT COMMISSION MATTERS.[IX. Commission Matters]
MR. WEDLING.I WON'T STEAL YOUR THUNDERBIRD.
ALLISON MUTTER, UH, THIS IS HER FIRST EVENING AND HER FIRST MEETING, SO I THINK, UH, SHE'S DONE A PRETTY DARN GOOD JOB AT A A, A MEETING SUCH AS THIS.
SO I'D LIKE TO THANK HER AND WELCOME HER ONTO OUR TEAM.
UM, JUST WANNA MENTION ALSO THAT SHENANDOAH CLUB PROPERTIES, L L C, UH, DID WITHDRAW THEIR REZONING, UH, APPLICATION.
I THINK IT WAS JUST DUE TO PRETTY MUCH, UH, CI, CITIZEN UPHEAVAL AND THE ROCKLAND AREA.
UM, AT THIS TIME I HAVE NOTHING ELSE.
UH, JUST WANNA ALSO THANK CHASE BECAUSE HE'S BEEN REALLY, UH, PICKING UP THE SLACK WITH A LOT OF THESE, THESE TEXT AMENDMENTS AND IT'S, IT'S A REAL CHALLENGE TO KIND OF FIGURE OUT HOW YOU GONNA WORD THESE THINGS AND YOU KNOW, HOW YOU GONNA ENFORCE 'EM.
AND SO, UH, WE'RE WORKING ON OUR, DOING OUR BEST TO TRY AND GET THAT DONE.
SCOTT, YOU GOT ANYTHING? YEAH.
UM, IN REVIEWING ALL THE, THE STUFF THAT WE WERE GOING THROUGH WITH, UM, SLADE RUN, I PULLED UP THE TRAFFIC STUDIES FROM THE LAST FOUR OR THE LAST THREE THAT GREENWAY'S DONE AND NOTICED ON EVERY SINGLE ONE THEY WERE GETTING.
THEIR TRAFFIC COUNTS ARE DOWN TO ABOUT A CAR EVERY 20 SECONDS.
LET IT BE RESIDENTIAL, COMMERCIAL OR EVEN RE OR, UH, RETAIL.
AND I'M JUST WONDERING IF THEY GET SOMETHING WRONG WITH THEIR ALGORITHM 'CAUSE THEY WERE, THEY WERE SUPPORTING IN THIS YEAH.
THAT'S PRETTY MUCH THE SAME AS WHAT WE HAD AT, UH, ROCKLAND ROAD R RUSH MARK.
IT'LL, IT'LL BE INTERESTING TO SEE THIS T I A AND SEE THEIR COMMENTS BECAUSE THE SCOPE OF THE T I A IS MUCH FURTHER DOWN.
UM, YOU KNOW, THEY REQUI, YOU KNOW, THEY'RE REQUIRING QUITE A BIT MORE.
AND, UM, GROSS SLATE, I BELIEVE IS, IS THE COMPANY NAME, UH, UH, ARE THE ONES THAT DID THE T I A.
UM, AND SO, UH, AND BECAUSE IT'S A, A BLANK, UH, ZONING WITH NO REAL LAND USE THAT THEY'RE PROVIDING, UH, V O HAS TO GO BY SOMETHING AND THEY SAID THAT YOUR WAREHOUSING AND DISTRIBUTION IS REALLY THE LOW END RIGHT.
SO THEY LIKE TO GO KIND OF IN THE MIDDLE, A MODERATE.
UH, AND, AND IT WAS, UH, INDUSTRIAL PARK WAS, WAS ONE OF THE THINGS.
AND THEN THE, THE, FOR THE SMALL RETAIL, THE SMALL LOT, UH, THAT'S COMMERCIAL.
SO THAT'S KIND OF LIKE THAT MODERATE IN BETWEEN IS WHAT THE WAY THEY EXPLAINED IT TO.
BUT IF YOU THINK ABOUT IT, RIGHT ACROSS THE STREET IS, UH, VIRGINIA PORT AND THEY GOT YEAH.
ABOUT THAT MANY TRAIN CARS COMING IN EVERY DAY, OFFLOADING AND LIVING RIGHT ACROSS THE STREET FROM 'EM.
WE DON'T SEE EIGHT, THE EIGHT, UM, 8,300 TRUCKS COMING OUT OF THEIR DAYLIGHT.
I MEAN IT'S, IT'S JUST AMAZING HOW GREENWAY'S GETTING THOSE NUMBERS AND IT JUST, IT IS, IT LOOKS LIKE THERE'S A PATTERN AND I WENT BACK THROUGH AND THERE WAS A PATTERN.
WILLIE GOT ANYTHING? UH, NOTHING FROM ME.
I'D JUST LIKE TO SAY THANK YOU ALLISON.
AND HOPEFULLY AFTER TONIGHT YOU'RE NOT TURNING IN YOUR NOTICE.
I DON'T THINK THEY'RE GONNA MANAGE TO YOU GOT ANYTHING? NOTHING.
JUST, UH, THANK YOU FOR FIXING MY
GOT ME STRAIGHTENED OUT OUTTA HERE.
UH, MR. BLES? UH, I DON'T HAVE ANYTHING FOR YOU GUYS.
GET OUTTA HERE A LITTLE EARLIER.
UM, SO I ACTUALLY DO HAVE SOMETHING FOR YOU GUYS TONIGHT.
UM, SCHOOL, ACTUALLY DO MY LAST PLANNING COMMISSION MEETING WITH YOU.
[02:15:01]
A POSITION WITH FREDERICK COUNTY PUBLIC SCHOOLS.I'M GONNA BE YOUR EXECUTIVE DIRECTOR OF POLICY AND LEGAL SERVICES, UH, STARTING ON OCTOBER 2ND.
MY LAST DAY HERE WILL BE SEPTEMBER 29TH.
I'M SUPER EXCITED ABOUT THIS NEW OPPORTUNITY, BUT, WE'LL, PEOPLE HERE, SO WANT PEOPLE LAUGH EVERY TIME I SAY THAT BECAUSE YOU POINTED TO ME
ANYWAY, I I ENJOYED OUR, OUR TIME TOGETHER.
WELL, DO WE GET A SAY IN THAT? WE, WE CAN VOTE ON THAT.
PLEASURE'S BEEN, IT'S MUTUAL AND GOOD LUCK TO YOU.
OKAY, WITH THAT, IS THERE A MOTION FOR ADJOURNMENT? SO MOVE.