Oct 24, 2023 Board of Supervisors Meeting

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[A. Call to Order and Pledge of Allegiance of the United States of America]

GOOD EVENING EVERYONE.

WE'LL GO AHEAD AND GET STARTED.

UM, WELCOME TO THE BOARD OF SUPERVISORS, UM, MEETING FOR PUBLIC HEARINGS FOR OCTOBER 24TH, 2023.

UM, WE'LL GO AHEAD AND, UM, START WITH THE MOMENT OF SILENCE.

THANK YOU VERY MUCH.

OKAY.

CALL THE MEETING TO ORDER.

AND IF I WANNA, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.

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

THANK YOU.

NEXT ITEM ON

[B. Adoption of Agenda – Additions or Deletions]

SO IS THERE ANY ADDITIONS OR DELETIONS THAT THE BOARD MEMBERS OR STAFF MAY HAVE? IF NOT, DO I HAVE A MOTION TO ACCEPT OUR AGENDA AS PRESENTED? SO MOVED.

IS THERE ROLL CALL PLEASE? MR. MAYB? AYE.

MADAM CHAIR? AYE.

MR. SCHOLARS? AYE.

MR. BUTLER? AYE.

THANK YOU.

OKAY, WE'LL MOVE ON TO OUR FIRST

[C. Public Hearing - Conditional Use Permit 2023-08-01 - Renee Grebe & Matthew Iden/Kyrrheim LLC for a Short-Term Tourist Rental]

IT'S FOR CONDITIONAL USE PERMIT 20 23 0 8 14 RENEE GREY AND MATTHEW EDEN, UH, FOR A SHORT TERM TOURIST RENTAL.

THANK YOU MADAM CHAIR.

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'RE 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.

THE PROPERTY IS LOCATED IN THE BLUE MOUNTAIN SUBDIVISION.

COMMENTS WERE REQUESTED FROM THE BLUE MOUNTAIN, UH, POA BOARD OF DIRECTORS.

WE DID NOT RECEIVE A RESPONSE.

UM, AND THERE IS A HEALTH DEPARTMENT PERMIT ON FILE FOR THIS DWELLING APPROVING A MAXIMUM OF SIX OCCUPANTS.

AND THE DWELLING DOES NOT MEET THE 100 FOOT SETBACK TO NEIGHBORING DWELLINGS.

THE DWELLING LOCATED ON THE PROPERTY TO THE SOUTH IS 95 FEET FROM THE DWELLING ON THE SUBJECT PROPERTY.

UM, THE APPLICANTS HAVE INDICATED IN THEIR STATEMENT OF JUSTIFICATION, THE AREA IN BETWEEN THE DWELLINGS IS HEAVILY WOODED AND THEY WILL MINIMIZE THE IMPACT ON THE NEIGHBORING PROPERTY BY LI LIMITING THE AREAS THEIR GUESTS WILL HAVE ACCESS TO AND BY STRONGLY ENFORCING PROPERTY RULES.

WE'VE ALSO SUBMITTED A, A NUMBER OF LETTERS OF SUPPORT FROM, UH, THE NEIGHBORING PROPERTY OWNERS.

AND SO, UH, FOR THE RECOMMENDED CONDITIONS, I'LL READ THROUGH THEM.

CONDITION NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, WARREN COUNTY BUILDING INSPECTIONS AND VIRGINIA STATEWIDE FIRE PREVENTION CODE REGULATIONS AND REQUIREMENTS.

NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED THE SYSTEM CAPACITY AS DETERMINED BY THE HEALTH DEPARTMENT PERMIT PER WARREN COUNTY CODE SECTION 180 DASH 56.4 B.

THE CERTIFICATE OF ZONING SHALL ONLY BE ISSUED WITH APPROVED HEALTH DEPARTMENT RECORDS.

NUMBER THREE, THE APPLICANT SHALL THE WELL WATER TESTED ANNUALLY FOR E COLI AND COLIFORM BACTERIA AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.

NUMBER FOUR, THE APPLICANT SHALL HAVE THE SEPTIC SYSTEM INSPECTED ANNUALLY BY A STATE 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 ALL TERRAIN VEHICLES BY GUESTS ON THE PROPERTY AND WITHIN THE SUBDIVISION SHALL BE PROHIBITED.

NUMBER SEVEN, OUTDOOR BURNING AND USE OF FIREWORKS BY GUEST SHALL BE PROHIBITED.

AND NUMBER EIGHT, SHOULD YOU CHOOSE THE TO WA THE SETBACK REQUIREMENT, A WAIVER TO THE REQUIRED SETBACK OF 100 FEET.

TWO NEIGHBORING DWELLINGS SHALL BE GRANTED FOR THE EXISTING 95 FOOT SETBACK TO THE DWELLING SOUTH OF THE SUBJECT PROPERTY.

THE PLANNING COMMISSION DID MOVE THIS FORWARD WITH A UNANIMOUS RECOMMENDATION OF APPROVAL AND THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED WITH ADJACENT PROPERTY ORDINANCE.

NOTIFIED THE APPLICANT IS HERE THIS EVENING, IF YOU HAVE ANY QUESTIONS FOR US.

THANK YOU.

THANK YOU.

PUBLIC HEARING IS NOW OPEN.

WOULD THE APPLICANT LIKE TO SAY ANYTHING? GOOD EVENING, MADAM CHAIR AND BOARD OF SUPERVISORS.

I'M RENEE GREBE.

THIS IS MY HUSBAND MATT IDEN.

UM,

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WE'VE BEEN COMING UP HERE FOR THE TRILLIUM AND ALL THE NATURE FOR EASILY 15 YEARS, AND WE JUMPED TO THE CHANCE TO BUY THIS PROPERTY WHEN WE SAW IT FOR SALE.

UM, SINCE THEN WE'VE SPENT MOST OF OUR WEEKENDS UP AT THE HOUSE DOING A LOT OF BACKLOG OF TLC AND MAINTENANCE ON IT STILL GO ONGOING.

AND THE SIDE BENEFITS WE'VE HAD OF ALL THE GREAT NATURE, WE HAVE A LOT OF THINGS IN ALEXANDRIA, WE DON'T HAVE BEARS, SO THAT'S BEEN ALWAYS FUN TO SEE THEM .

UM, AND WE'RE ALSO REALLY HAPPY TO HAVE A HOME BASE A LITTLE BIT CLOSER TO MATT'S PARENTS THAT LIVE IN STEVEN CITY AS HIS MOM IS REQUIRING A BIT MORE, UH, CARE WITH SOME MEDICAL ISSUES.

AND WE'RE SEEKING TO HAVE THIS PERMIT TO HAVE A LITTLE BIT MORE FLEXIBILITY IN THE HOME THAT WE ARE HOPING TO USE FOR OURSELVES WHENEVER THESE RENOVATIONS ARE DONE.

UM, TO HELP, UM, OFFSET THE COST OF THE RENOVATIONS AS WELL TO HELP US, UM, MAINTAIN THE HOUSE.

WE HAVE GOTTEN CONNECTED WITH MORGAN FOX ELDER, WHO IS HERE TODAY.

SHE'S THE PROPERTY, THE MANAGER OF THE BLUE MOUNTAIN LODGE, AND WHO WILL BE OUR LOCAL ON MOUNTAIN CONTACT FOR ANYTHING THAT WE NEED.

WE ALSO ARE WORKING WITH A FULL SERVICE, UM, UH, MANAGEMENT COMPANY, UH, SHENANDOAH HOST SERVICES AS OUR PROPERTY MANAGERS.

AND THEY'RE WORKING IN CONJUNCTION WITH HER AS WELL, OR WILL BE HOPEFULLY.

UM, PRIOR TO OUR APPLICATION, WE HAD REACHED OUT TO ALL OF OUR ADJACENT NEIGHBORS AS WELL AS A NEIGHBOR AT THE DEAD END, TWO HOUSES DOWN.

AND, UH, WE HAVE EITHER LETTERS OF SUPPORT OR, UM, ASKS OUR ONE NEIGHBOR TO THE DOWNHILL OF US WOULD LIKE US TO MARK THE PROPERTY LINE FOR NO TRESPASSING.

WE'RE HAPPY TO DO THAT.

WE ACTUALLY WORKED WITH GOOGLE MAPS EARLIER THIS YEAR TO REMOVE AN OLD LOCKING ROAD THAT MADE IT LOOK LIKE A HIKING PATH THROUGH OUR PROPERTIES, BUT WAS TO HIS, UH, BUT WAS COMPLETELY IMPASSABLE.

SO WE'RE TRYING TO DO THINGS LIKE THAT TO MINIMIZE THE, UH, LIKELIHOOD OF TRESPASSERS ON HIS PROPERTY.

UM, AND UM, YEAH, IF YOU HAVE ANY QUESTIONS, WE'RE HERE TO ANSWER THEM.

I THANK YOU VERY MUCH.

IS THERE ANY QUESTIONS? NOPE.

THANK YOU.

THANK YOU MADAM CHAIR.

I JUST HAVE, AND THIS IS JUST, UH, HOW DO YOU PRONOUNCE THE, IS IT HEIM? HEIM.

HEIM.

OKAY.

THANK YOU.

MEANS PEACE HOME.

COME HOME.

YEAH.

THANK YOU.

THANK YOU.

MR. HENDERSON, DO WE HAVE ANYBODY SIGNED UP TO SPEAK? NO, MA'AM.

IS THERE ANYONE IN THE AUDIENCE WHO'D LIKE TO SPEAK? ? SECOND CALL, FINAL CALL.

PUBLIC HEARING IS NOW CLOSED.

I HAVE A COMMENT.

YES.

UM, MR. LANCE, I HAD THE OPPORTUNITY TO SPEAK WITH, UM, UH, BLUE MOUNTAIN GROUP TODAY AND THEY HAD NO PROBLEM WITH IT AT ALL.

AND, UM, THEY ARE HAPPY TO SEND A, A LETTER THAT THEY SAID THAT THEY HAD SENT IT IN THE PAST, BUT THEY'LL BE HAPPY TO SEND ANOTHER LETTER FOR, WE JUST REQUEST IT, UM, AT, BUT THE ONLY THING THAT THEY BROUGHT UP WAS THE 95 FOOT SETBACK INSTEAD OF THE A HUNDRED.

AND THEY DIDN'T HAVE ANY PROBLEM WITH THAT EITHER AS LONG AS THE, YOU KNOW, YOU KNOW, WITH, WITH THE, UH, TREES AND STUFF IN BETWEEN THE TWO HOUSES.

SO I JUST THOUGHT YOU OUGHT TO KNOW AT LEAST, UH, CONTACT WAS MADE.

I APPRECIATE THAT.

THANK YOU.

IS THERE ANY OTHER QUESTIONS OR COMMENTS FROM THE BOARD BEFORE WE MOVE ON? NO, MY ONLY COMMENT IS, UM, I THINK THIS IS THE MOST COMPLETE AND THOROUGH, UM, CUP WE'VE HAD IN A LONG TIME, WHICH MADE THIS MUCH EASIER, UM, TO MAKE DECISIONS ON AND I APPRECIATE THAT.

WITH THAT BEING SAID, DO WE HAVE A MOTION? UH, YES, MADAM CHAIR.

I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST, FORNE GR, UH, AND MATTHEW IDEN FOR SHORT-TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.

SECOND.

IS THERE A SECOND? SECOND ROLL CALL PLEASE, MR. BUTLER? AYE.

MRS. COLORS? AYE.

MADAM CHAIR? AYE MR. MAY.

AYE.

THANK YOU.

NEXT

[D. Public Hearing - Zoning Text Amendment Z2023-08-03 - Lighting - Warren County Planning Staff]

UM, THIS IS A COUNTY PLANNING STAFF ORDINANCE IN MR. LINZ.

THANK YOU MADAM CHAIR.

UM, SO THIS BASICALLY STARTED WITH A COMPLAINT WE RECEIVED, UM, IN, I THINK IT WAS THE FOURTH DISTRICT, BUT, UM, BASICALLY A NEIGHBOR HAD THIS REALLY BRIGHT LIGHT THAT WAS POINTED DIRECTLY AT THE NEIGHBOR'S HOUSE AND IT WAS CAUSING ALL SORTS OF ISSUES FOR THEM.

AND SO I'M LIKE, OH YEAH, I GOT YOU.

I'M GONNA LOOK INTO THIS COMPLAINT AND THEN I GET TO THE CODE AND SEE THAT THERE IS A DEFINITION FOR GLARE, BUT NOT AN ENFORCEMENT MECHANISM FOR ENFORCING GLARE.

SO THAT'S WHERE THIS STARTED.

AND THEN AS I KIND OF WENT THROUGH THE ORDINANCE, I MEAN, UH, MY ZONING OFFICER DAVID BURKE, UM, YOU KNOW, WE DISCOVERED THAT IT'S, IT'S A VERY DATED ORDINANCE THE WAY IT IS NOW, UH, WITH IT BASED ON THE TYPE OF LIGHT BULB.

IT DOESN'T EVEN INCLUDE ALL OF THE COMMON TYPES OF LIGHT BULBS THESE DAYS, LIKE LEDS AND THOSE

[00:10:01]

UH, AND SO IT'S MORE OF A, WE'VE KIND OF TRANSFORMED IT INTO MORE OF A STANDARDIZED, UM, YOU KNOW, BASED ON FOOT CANDLE, UM, AND WE SEE THE, THE, UH, THESE TYPES OF PHOTOMETRIC PLANS AND SITE PLANS AND I REALLY CAN'T DO ANYTHING WITH THEM BECAUSE THERE'S NOTHING IN THE CODE FOR THAT.

AND THAT'S REALLY A MORE APPROPRIATE WAY TO REVIEW A SITE PLAN, I WOULD THINK.

YOU KNOW, THE TYPE OF LIGHT IS ONE THING, BUT WHAT WE'RE CONCERNED ABOUT IS, IS THE PARKING LOT GONNA BE BRIGHT ENOUGH? IS THEY'RE GONNA BE SPILLAGE OF THE LIGHT ONTO THE ROADWAY OR ADJACENT PROPERTIES.

AND SO IT'S KIND OF REBUILT INTO, UM, WHAT WE SEE, UH, UH, SURROUNDING JURISDICTIONS HAVE WITH THEIR CURRENT LIGHTING ORDINANCE.

AND IT DOES HAVE, UH, A GLARE ENFORCEMENT COMPONENT AS WELL.

AND THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED, ADJACENT PROPERTY OWNERS HAVE BEEN NO.

OR, WELL, THIS IS A TEXT AMENDMENT, SO THERE'S NO ADJACENT PROPERTY OWNERS AS IT'S FOR THE WHOLE COUNTY.

UM, BUT I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

THANK YOU.

THANK YOU.

SO THE PUBLIC HEARING IS NOW OPEN.

IS THERE ANY QUESTIONS FROM THE BOARD? ANY COMMENTS, MR. HENDERSON? DO WE HAVE ANYONE SIGNED UP TO SPEAK? UH, NO MA'AM.

ANYBODY IN THE AUDIENCE WOULD LIKE TO COME AND SPEAK? SECOND CALL.

FINAL CALL.

PUBLIC HEARING IS NOW CLOSED.

SO WITH, THERE ARE NO OTHER COMMENTS FROM THE BOARD.

OKAY.

COULD I SAY SOMETHING OFF THE RECORD THERE? SURE.

UH, MADAM CHAIR.

MM-HMM.

, I GUESS A WELL PLACED, UM, PELLET GUNSHOT AT, UH, THREE O'CLOCK IN THE MORNING COULD TAKE CARE OF THAT.

BUT THAT'S OFF THE RECORD.

, ONE OF THE THINGS YOU MIGHT SAY OVER THE PHONE, BUT NOT ANY EMAIL, HUH? ANY OTHER COMMENTS WITH THAT? IS THERE A MOTION FINDING THAT THE PROPOSED ZONING ORDINANCE AMENDMENT IS APPROPRIATE FOR THE PUBLIC NECESSITY, CONVENIENCE, AND GENERAL WELFARE AND IS GOOD ZONING PRACTICE? I MOVE THE BOARD OF SUPERVISORS APPROVE THE PROPOSED AMENDMENT.

IS THERE A SECOND? SECOND MADAM CHAIR ROLL CALL PLEASE.

MR. MAY AYE.

MADAM CHAIR? AYE.

MR. ERS? AYE.

MR. BUTLER? AYE.

THANK YOU.

NEXT ITEM ON OUR

[E. Public Hearing - CUP2013-09-01 - Commercial Auto Repair Garage]

UH, GOOD EVENING, MADAM CHAIR.

MEMBERS OF THE BOARD.

UH, I WILL MENTION ON OCTOBER 3RD, 2023, DEBERRY ENGINEERS SUBMITTED A RESPONSE TO THE BOARD OF SUPERVISORS QUESTIONS THAT WERE GENERATED AS PART OF OUR WORK SESSION, WHICH WAS HELD.

UH, THESE HAVE BEEN INCLUDED IN YOUR PACKETS.

COUNTY STAFF HAS ALSO INCLUDED BDO T'S COMMENTS FROM THE SLATE RUN REZONING APPLICATION REGARDING THE INITIAL PROPOSED SECONDARY ENTRANCE.

UH, THESE COMMENTS HAVE BEEN HIGHLIGHTED ON PAGE FOUR OF THAT DOCUMENT AND THE SECONDARY ENTRANCE HAS BEEN CHANGED TO CABELL ROAD TO THE SOUTH OF THE, UH, IN THE REVISED PROFFERS AND THE REZONING REQUEST FOR SLATE RUN FORM LLC.

ADDITIONAL VDOT COMMENTS SPECIFIC TO THIS REQUEST ARE ALSO INCLUDED IN THIS PACKAGE.

UH, THE INITIAL RESPONSE, UH, TO THE REQUEST WAS A CONFIRMATION REPLACEMENT OF, UH, THE UTILITY, UH, UNDERGROUND GAS UTILITIES IN THE 60 FOOT RIGHT WAY RESERVATION FROM BERRY ENGINEERS.

UM, THEIR ENGINEER, GARY GARDNER, HAD REACHED OUT TO COUNTY STAFF, SUBMITTED A LETTER TO HIS, UH, FOR HIS CLIENT WASHINGTON GAS IN MAY OF THIS YEAR REGARDING THE PROPERTY OWNER IN PINE HOLDINGS LLC.

THAT WOULD BE MR. LONG AND HIS WIFE.

UH, THE BOARD HELD A WORK SESSION AND HAD A DISCUSSION TO DISSOLVE THIS AGREEMENT BETWEEN THE COUNTY AND MR. LONG, UM, FOR FUTURE, UH, ACCESS ENTRANCE TO PROPERTY IDENTIFIED ON TAX MAP NUMBER FOUR, PARCEL 41 B ONE, LOCATED AT 67 68 WINCHESTER ROAD AND TAX MAP 12 PARCEL SIX TO THE WEST OF THE PROPERTY OF THEIR, UH, AT THEIR SEPTEMBER 12TH MEETING.

UH, AT THAT MEETING, MS. CU UH, REQUESTED THAT A SITE VISIT BE MADE TO THE, UH, PROPERTY FOR FURTHER FACT FINDING.

UM, REALLY THE MODIFICATION REQUEST IS JUST TO REMOVE CONDITION NUMBER 10, UH, TO ALLOW THE, UH, THE AGREEMENT FOR THE EASEMENT TO BE THAT, TO BE, UM, DISSOLVED.

UM, WITH THIS, IF YOU'VE, UH, VIEWED SOME OF THE MAPS THAT WERE INCLUDED IN YOUR PACKAGE, IT DOES SHOW THAT THEY'RE, UM, TOPOGRAPHICALLY BEHIND MR. LONG'S PROPERTY IS A VERY STEEP SLOPE.

UM, AND TO THE BOTTOM OF THAT IS PROBABLY THE WIDEST PART OF THE SPECIAL FLOOD HAZARD AREA

[00:15:01]

SO TO BRIDGE THAT AREA, IT WOULD BE, UH, QUITE COSTLY IN V DOT'S COMMENTS.

AND I'LL JUST, I'D LIKE TO JUST GO TO THAT REAL QUICK AND, AND, AND KIND OF READ THOSE OFF TO YOU.

SO V DOT'S COMMENTS TO SLATE RUN.

BASICALLY, THE COUNTY WARRANT SHOULD DETERMINE FEASIBILITY TO MAIN ACCESS POINT ACROSS THE LONG PROPERTY DUE TO OBJECTIONS FROM THE OWNER.

OKAY? THE ACCESS POINT WILL NOT BE ELIGIBLE FOR ACCEPTANCE INTO THE STATE ROAD SYSTEM UNLESS BUILT TO REQUIRED STANDARDS ON A DEDICATED RIGHT OF WAY, AS OPPOSED TO THE EASEMENT.

THIS 60 FOOT WIDE WIDTH DOES NOT APPEAR TO BE ADEQUATE FOR THE ENTRANCE WIDTH TRUCK TURNING RADII AND RIGHT TURN LANE.

AND THIS IS BASED ON THE DEVELOPMENT THAT'S HAPPENED IN THE 10 YEARS.

I MEAN, MR. LONG HAS BUILT A A FIVE BAY GARAGE THERE AND HE DID IT BY PERMIT AND EVERYTHING WAS REVIEWED APPROPRIATELY.

UM, VDOT IN AN EARLIER EMAIL ALSO MENTIONED THAT THEY DIDN'T HAVE A PROBLEM WITH THE, UH, GAS COMPANY PUTTING IN A, A LINE AND TAKING 25%, 25 FEET OF THAT FOR THAT, FOR THAT GAS LINE, UH, WHICH WAS TO BE I THINK SOME WELL, UM, PUT ABOUT FOUR FEET IN THE GROUND.

SO, UM, THERE'S SOME SIGNIFICANT FACTORS THAT WOULD COME INTO PLAY IN UTILIZING THIS PROPERTY FOR A BRIDGE AND A LOCATION TO, UM, THE SLATE RUN PROPERTY.

AS FAR AS THE, UH, FUTURE TRANSPORTATION PLAN AT THIS POINT IN TIME, SUCCESS ROAD HAS SEEN NO GROWTH AROUND IT.

UM, THERE IS AN EXISTING BUILDING AND, AND COMPANY, UM, CREATIVE COATINGS THAT HAVE BEEN UTILIZING THAT FOR 20 PLUS YEARS, I BELIEVE.

AND THERE'S NO NEED FOR AN EXPANSION OF SUCCESS ROAD.

UH, CISCO HAS DEVELOPED THEIR PROPERTY TO THE BACK OF, UM, CISCO'S LOT, WHEREAS, UH, IT KIND OF PROHIBITS THE CONTINUATION OF SUCCESS ROAD, UH, THROUGH THAT PROPERTY ON NAVAL DRIVE.

SO THERE'S SOME SIGNIFICANT REASONS AND LIMITATIONS NOW, UH, YOU KNOW, FOR THAT, UH, PLAN THAT WE HAD ADOPTED, WELL, 2013 AND THEN EVEN PRIOR TO THAT THE TRANSPORTATION PLAN WAS ADDRESSED.

SO, UM, WE WILL ADDRESS THIS IN ANY FUTURE TRANSPORTATION PLANS AND WITHIN THE COMP PLAN, UH, TO FURTHER REVISE WHAT WE HAVE IN THE CORRIDOR AND WHAT WE PROPOSE IN THE CORRIDOR.

BUT, UM, FOR THE TIME BEING, I THINK, YOU KNOW, THE COUNTY CAN SUPPORT THIS.

UH, COUNTY STAFF CAN SUPPORT THIS.

UM, BASED ON OUR COMMENTS FROM DDOT AND THE, UH, ANALYSIS, UH, PUBLIC HEARING HAS BEEN ADVERTISED AND MR. LONG IS HERE TO, UH, SPEAK .

OKAY.

THANK YOU.

PUBLIC HEARING IS NOW OPEN.

HELLO.

HEY, HOW YOU ALL DOING? NICE.

UM, MRS. CHAIR AND, UH, THE OTHER BOARD OF SUPERVISORS, UM, YOU KNOW, I THINK YOU GUYS CAME OUT AND TOOK A LOOK AT IT.

MOST OF Y'ALL, UM, SORRY MR. BUTLER DIDN'T GET A CHANCE TO, BUT, UM, I, YOU KNOW, IF YOU READ A MAP IT SPEAKS FOR ITSELF.

IT'S 105, 110 FEET BETWEEN THE BACK OF MY PROPERTY DOWN TO THE CREEK.

UM, YOU KNOW, AND I, UM, UNLESS YOU GUYS HAVE ANY MORE QUESTIONS, I THINK MATT DID A WONDERFUL JOB.

AND YOU KNOW THE QUESTION WHAT I ANSWERED YOU WHEN YOU GUYS CAME OUT AND LOOKED AT IT.

SO, UM, I'M GOOD WITH THAT UNLESS YOU NEED ANYTHING ELSE.

IS THERE ANY QUESTIONS FOR THE APPLICANT? NO, I VERY MUCH APPRECIATED YOU SHOWING ME THE, THE PROPERTY, UM, MADE MORE SENSE SEEING IT THAN LOOKING AT A MAP HERE.

SO I APPRECIATE THAT.

THANK YOU.

YEAH, IT MADE IT EASIER FOR ME AS WELL.

THANK YOU.

THANK YOU.

MR. HENDERSON, HAS ANYBODY SIGNED UP TO SPEAK? NO MA'AM.

IS THERE ANYONE IN THE AUDIENCE WHO'D LIKE TO SPEAK? SECOND CALL.

FINAL CALL.

PUBLIC HEARING IS NOW CLOSED.

IS THERE ANY LAST REMARKS FROM THE BOARD BEFORE WE OR I ASK FOR A MOTION? NOPE.

IS THERE A MOTION I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT MODIFICATION REQUEST FOR REMOVAL OF CONTENTION NUMBER 10 AND DISSOLVING THE AGREEMENT TO PROVIDE A 60 FOOT RIGHT OF WAY TO VDOT.

IS THERE A SECOND? SECOND ROLL CALL PLEASE, MR. BUTLER? AYE MRS. SCHOLARS? AYE.

MADAM CHAIR? AYE.

MR. MAG? AYE.

THANK YOU.

THANK YOU.

I WILL, WE GET A MODIFIED ADDITIONAL AND WE'LL IT GO OF RECORD SO THAT ANYONE DOING KNOW THAT THAT CONDITION IS NO LONGER VALID? WELL, YOU WILL RECEIVE A COPY FROM OUR CLERK OF THE, UH, DEPUTY CLERK OF THE BOARD.

UM, WE, UH, I GUESS THAT WOULD HAVE TO BE A, AD CHANGE.

UH, WE'LL CHECK WITH LEGAL ON HOW, WHAT'S THAT? WHAT NEEDS

[00:20:01]

OKAY.

OKAY.

I APPRECIATE IT.

THANK YOU.

YEAH, THANK YOU VERY MUCH.

YEAH.

UH, THANK YOU MATT.

MADAM CHAIR, I JUST WANTED TO SAY THAT I WAS, UH, I APOLOGIZE FOR NOT GETTING OUT THERE, BUT I HAVE DRIVEN BY THERE.

THANK YOU.

SO THANK, AND WE KNOW THAT ONE BOARD MEMBERS MENTIONED THAT AS WELL, SO WE APPRECIATE ALL THAT WE'RE ABLE TO COME OUT.

YES, MA'AM.

THANK YOU.

VERY GOOD.

NEXT ITEM

[F. Public Hearing - Z2023-08-04 - Family Subdivisions - Code Section 180-21.E - Planning Staff ]

FOR OUR PUBLIC HEARING IS Z 2023 DASH OH EIGHT DASH OH FOUR FAMILY SUBDIVISION.

THIS IS THE CODE SECTION 180 DASH 21 POINT E, WHICH IS FOR COUNTY PLANNING STAFF.

UH, MR. LING? YES.

UH, AS YOU MENTIONED, UH, THIS REQUEST IS BE BEING REQUESTED BY COUNTY PLANNING STAFF IN ORDER TO MEET THE NEED FOR ADDITIONAL OPTIONS FOR HOUSING FOR FAMILIES WHO LIVE AND WORK IN WARREN COUNTY.

AND ALSO THE GOAL OF THE COMPREHENSIVE PLAN.

UH, THE 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 THE SUBDIVISION HAS BEEN APPROVED, IT ALSO ALLOWS FOR PARENTS TO REMAIN IN THEIR HOMES OR BUILD SMALLER HOMES ON ON NEW LOT AND ALLOW THEIR IMMEDIATE FAMILY MEMBERS TO PURCHASE A HOME THEY MAY HAVE GROWN UP IN PROVIDING HOUSING TO BOTH, UH, UH, EXISTING AND FUTURE NEEDS OF FAMILIES AND TO THE COUNTY WITHOUT LOSING THE RURAL CHARACTER OF THE COMMUNITY.

UM, I'D LIKE TO GO TO THE ORDINANCE ITSELF AND EXPLAIN TO YOU A LITTLE BIT OF WHY IT SEEMS PRETTY BUSY WITH THE, UH, WITH THE BOLDED CHANGES.

UM, MR. LENS, UH, I WILL THANK HIM FOR ASSISTING IN THIS.

HE, HE, HE TOOK THE INITIATIVE AND WE ENDED UP RELOCATING SECTION ONE IN THE ACCESSORY USES PERMITTED BY WRIGHT, UM, DOWN TO THE VERY END OF THE, UH, ORDINANCE, WELL NEAR THE END OF THE ORDINANCE.

AND WHAT THIS DID WAS CREATED A DOMINO EFFECT.

SO ALL OF WHAT YOU SEE IN BOLD IS SHIFTED UP.

OKAY, .

SO JUST WANTED TO CLARIFY THAT THE ONLY THING THAT WE ARE REQUESTING A CHANGE TO IS, UH, THE, UM, THREE, FOUR, AND FIVE ACTUALLY IN, IN, IN THREE IS, IS, UH, A COMBINATION OF SUBDIVISION CLUSTER, BUT, UM, THAT ACTUALLY, UH, IS, IS NOT ACTUALLY GONNA BE CHANGED.

FOUR IS A FAMILY SUBDIVISION WITH NOT MORE THAN SIX LOTS CONTAINING LESS THAN 10 ACRES EACH, UH, APPROVED BY THE HEALTH DEPARTMENT FOR SINGLE FAMILY DWELLINGS, WHICH THAT'S IN ADDITION TO OUR FORMER ORDINANCE.

UM, AND THAT WOULD BE IN ADDITION TO THE RESIDUAL LOT OF THE PARENT PARCEL.

FURTHER FAMILY SUBDIVISION SHALL ONLY BE PERMITTED FOR NEW LOTS CONTAINING 10 ACRES OR MORE.

AND THEN FIVE IS A COMBINATION OF SUBDIVISION AND FAMILY SUBDIVISION WITH NO MORE THAN SIX LOTS NEW LOTS CONTAINING LESS THAN 10 ACRES EACH APPROVED BY THE HEALTH DEPARTMENT FOR SINGLE FAMILY DWELLINGS.

UM, I'LL MENTION THAT, UH, STANDARD SUBDIVISIONS REQUIRE STATE ROAD FRONTAGE.

YOU CAN CALL IT CLASS A.

UH, AND THAT REQUIRES A STATE ROAD FRONTAGE WITH FAMILY SUBDIVISIONS.

THEY ARE EXEMPT FROM STATE ROAD FRONTAGE.

SO AS WE GET FURTHER AND FURTHER OUT FROM THE 1977 DATE, THOSE, THE CURRENT RULES THAT ALLOW FOR FOUR SUBDIVISIONS OF LAND BETWEEN TWO AND 10 ACRES, WE'RE FINDING THOSE CAN GET USED UP MORE AND MORE AND ALSO HAVE ACTUAL SUBDIVISIONS OF LAND ALONG STATE ROAD.

THEY'RE NOT REALLY PUTTING MANY NEW STATE ROADS IN THE, IN THE, UH, RURAL AREAS OF THE COUNTY.

SO THOSE SUBDIVISIONS OF LAND ARE, ARE ACTUALLY BEING USED UP ALSO.

SO CONSEQUENTLY THIS ALLOWS FOR JUST, UH, TWO ADDITIONAL LOTS, UH, FOR A FAMILY, TWO OF TWO OF WHICH MUST BE FAMILY SUBDIVISIONS FROM THE SIX LOTS.

AND, UM, WE FEEL THAT THAT'S A, UH, A POTENTIAL OPTION FOR US TO ADDRESS HOUSING WITHIN THE COMMUNITY AND IN THE RURAL AREAS OF THE COMMUNITY.

THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED, UM, AND I'D BE GLAD TO ANSWER ANY QUESTIONS MIGHT HAVE.

PUBLIC HEARING IS NOW OPEN.

SO IS THERE ANY QUESTIONS FROM THE BOARD? YEAH, THE, SO I JUST WANTED TO CLARIFY THE, SO THIS IS A CASE LIKE WITH, UH, MS. KOHLERS, YOU KNOW, THE, HER FAMILY OWNEDS SOME LAND OUT THERE AND THEN THEY DECIDED TO, TO SUBDIVIDE THAT MM-HMM.

, UM, SO THAT THE KIDS COULD EACH, EACH GET A PARCEL.

SO THERE, AND I THINK THAT THE, UH, ORIGINALS SAID THAT IT HAD TO BE 10 ACRES, IF I'M CORRECT.

UM, WELL, YOU'RE ALLOWED FOUR LOTS OF BETWEEN TWO AND 10 ACRES

[00:25:01]

OKAY.

OKAY.

ANYTHING OVER THAT IS REQUIRED TO BE 10 ACRES.

OKAY.

OKAY.

NOW THIS WOULD JUST ALLOW SIX LOTS OF BETWEEN TWO AND 10 ACRES, AND THEN ANYTHING OVER THAT WOULD BE 10 ACRES.

OKAY.

OKAY.

UM, AGAIN, THE BENEFIT IS IF YOU DON'T HAVE A LOT OF STATE ROAD FRONTAGE, THE FAMILY LOT CAN BE DONE.

IT ALSO CREATES A 10 YEAR WINDOW.

OKAY.

WE, WHEN I SAY CREATES, IT CONTINUES THAT 10 YEAR WINDOW.

'CAUSE THE WAY THE CODE READS NOW, PROPERTY OWNER MUST OWN THE PROPERTY FOR FIVE YEARS, AND THEN THAT NEW FAMILY MEMBER WHO'S, WHO'S GETTING THE LOT MUST OWN IT FOR FIVE YEARS.

SO WE KEEP THAT WINDOW.

NOW, THERE HAS, THERE IS A SUBDIVISION VARIANCE PROCESS IF, IF THAT NEEDS TO BE WAIVED IN SOME FORM, BUT WE USUALLY STILL RECOMMEND THAT IF THAT PROPERTY OWNER IS ONLY OWNED IT FOR TWO OR THREE YEARS OR FOUR YEARS, YOU KNOW, THAT THE NEW PROPERTY, ANOTHER FAMILY MEMBER WOULD HAVE TO KEEP IT FOR SIX OR SEVEN OR EIGHT YEARS.

AND THAT WOULD BE PART OF A WAIVER, UH, REQUEST FOR A WAIVER.

BUT WE DON'T GET THEM VERY OFTEN.

UH, MAYBE ONE EVERY YEAR, COUPLE YEARS.

UM, SO THIS IS JUST SOMETHING THAT NOW WOULD ALLOW FOR THOSE TWO ADDITIONAL LINES FOR FAMILY MEMBERS.

YEAH.

'CAUSE I, I REMEMBER, UH, I GUESS THIS IS MAYBE A YEAR OR TWO AGO THAT I HAD A CONSTITUENT THAT WAS, HAD A, HAD AN ISSUE BECAUSE THEY, THEY WERE, WERE SUBDIVIDING THE, THE LAND.

AND THEN, UH, AND THIS WAS YEARS AGO, AND ONE OF THE FAMILY MEMBERS HAD A LOT THAT, THAT HAD AN EASEMENT THAT WENT ON TO SOMEBODY ELSE'S PROPERTY OR THAT WENT ON TO A FAMILY MEMBER'S PROPERTY AND THEY SOLD IT AND THEY WOULDN'T GIVE 'EM THE EASEMENT.

AND SO THE, SO THEY WERE KIND OF LANDLOCKED AND THEY WERE GOING, OH GEEZ, WHAT DO WE DO NOW? WELL, I, I BELIEVE THAT IS ILLEGAL ONCE THE EASEMENT IS GRANTED.

UH, AND IT PROVIDES ACCESS.

YOU HAVE NEEDED ACCESS, YEAH.

NEEDED ACCESS TO THAT PROPERTY.

YEAH.

I MAY, I MAY NOT RECALL ALL THE SPECIFICS CORRECTLY, BUT IT HAD SOMETHING TO DO WITH THE EASEMENT, AND THAT'S TYPICALLY IN THE SUBDIVISION, UH, PLATTS, UH, SURVEYORS WILL SHOW THAT, THAT HEATED ACT 20 FOOT, UH, HEATED ACT, SO, UH, A FAMILY.

OKAY.

THANK YOU.

THERE.

OTHER QUESTIONS? MM-HMM? I HAVE A FEW.

UM, SO WHAT WE'RE DOING IS THAT WE'RE AMENDING THIS ORDINANCE TO ADD TWO ADDITIONAL LOTS, CORRECT? THAT'S CORRECT.

SO NOW WE'RE GOING TO ALLOW SIX LOTS, IS THAT CORRECT? THAT'S BETWEEN TWO AND 10 ACRES? BETWEEN TWO AND 10 ACRES? THAT IS CORRECT.

OKAY.

UM, ANOTHER QUESTION THAT I HAVE IS THAT WHEN I READ THE VIRGINIA CODE, IT HAD SAID THAT THE PROPERTY HAD TO BE OWNED FOR FIF AT LEAST 15 YEARS.

SO WHY IS OUR ORDINANCE SAYING FIVE YEARS? UNLESS I'M MISINTERPRETING THE CODE? THE, THE ONLY ITEM IN OUR CODE THAT REQUIRES A 15 YEAR OWNERSHIP IS IF IT'S, I, I BELIEVE LIKE A TRUST OR I, I BELIEVE AN LLC ONE OF THOSE REQUIRES THAT.

AND AGAIN, I'D HAVE TO GO TO OUR, YEAH, IT'S ON THE 15.2 DASH 2244 DASH ONE.

YEAH.

UH, ADDITIONAL METHOD FOR SUB SUBDIVISIONS.

OH, YOU'RE TALKING OF A LOT OF THE CONVEY THE STATE CODE CONVEYANCE CODE, THE STATE CODE.

YEAH.

WELL, I, I CAN'T ADDRESS THAT.

I DON'T, I JUST KNOW THAT WE HAVE, THIS CODE HAS BEEN ADOPTED FOR MANY YEARS AND IT'S NOT A CHANGE IN THE CODE FOR THAT, UH, FIVE YEAR ALLOWANCE IN, IN 10 YEAR WINDOW.

MM-HMM.

, UM, GOSH, UH, HAS OUR LEGAL LOOKED AT THIS ORDINANCE AND APPROVED TO THE LANGUAGE? WELL, THEY, THEY'VE, THEY'VE HAD AN OPPORTUNITY TO DO THAT.

YEAH.

THROUGH, I MEAN, TYPICALLY THEY'VE LOOKED AT IT AND THEY SAID THAT IT COMPLIES.

THEY GOT THE GREEN LIGHT FROM THE COUNTY ATTORNEY.

YES.

YES.

OKAY.

WELL, I BELIEVE IF I, IF I CAN COMMENT, I BELIEVE THE STATE CODE BASICALLY SAYS THAT WE HAVE TO ALLOW FAMILY SUBDIVISIONS.

I DON'T THINK WE NECESSARILY ARE REQUIRED TO HOLD A 15 YEAR TIMEFRAME IF IT'S LESS STRINGENT.

THAT'S KIND OF ON US.

IT SAYS LOCALITY MAY INCLUDE, MAY INCLUDE IN THE SUBDIVISION OF ORDINANCE PROVISIONS, PERMITTING A SINGLE DIVISION OF A LOT OF PARCEL FOR THE PURPOSE OF A SAILOR GIFT TO A MEMBER, IMMEDIATE FAMILY AS DEFINED IN 2244.

IF THE PROPERTY HAS BEEN OWNED FOR AT LEAST 15 CONSECUTIVE YEARS BY THE CURRENT OWNER OR MEMBER OF THE IMMEDIATE FAMILY, AND THE PROPERTY OWNER AGREES TO PLACE A RESTRICTIVE COVENANT ON THE SUBDIVIDED PROPERTY, THAT WOULD PROHIBIT THE TRANSFER OF THE PROPERTY TO A NON-MEMBER OF THE IMMEDIATE FAMILY.

AND IT GOES ON AND ON AND ON.

SO,

[00:30:01]

I IF FOR, I'M JUST SPEAKING FOR MYSELF, I, I'D LIKE TO HAVE LEGAL TO DEFINE THAT.

I MEAN, IF WE, IF WE, BECAUSE IF WE'RE GONNA BE UPDATING AN ORDINANCE, YOU KNOW, LET'S MAKE SURE WE GOT IT RIGHT TO THE, TO THE SCAPE CODE.

AND IF I MAY BE, AND I MAY BE WRONG.

SO, UH, LET'S JUST SEE HERE WHAT WE GOT BECAUSE OUR, OUR NEXT ORDINANCE, UH, AMENDMENT MM-HMM.

ACTUALLY ADDRESSES THAT SECTION OF THE, THE CODE.

SO UNDER, UM, IT'S, UH, SUBDIVISION UNDER 1 55 3 IN DEFINITIONS.

UM, AND AGAIN, THIS WAS, LET'S SEE, AMENDED ORIGINALLY 1991 WITH A NUMBER OF AMENDMENTS AND OKAY, THAT'S SECTION SIX.

UHHUH.

, YEAH.

UM, BUT AGAIN, SO, UH, I JUST WOULD LIKE TO, I'D LIKE TO GET A WARM AND FUZZY OF, UH, LEGAL GUIDANCE ON THAT.

UM, ANOTHER QUESTION THAT I HAVE WITH THE ORDINANCE THAT WE ADDED, UM, APPROVAL OF THAT HEALTH DEPARTMENT, I THINK IT WAS, UM, THAT'S ADDED TO THE ORDINANCE.

SO, SO IT'S ADDED TO THE FAMILY SUBDIVISION? YEAH.

IT, I'M LOOKING AT OUR, UM, YEAH, IT'S UNDER C IT'S UNDER D AND IT SAYS CLUSTER HOUSING DEVELOPMENT MEETING STANDARDS OF BLAH, BLAH, BLAH.

THE SEVEN OR MORE, LOTS NOT TO EXCEED 10 APPROVED BY THE HEALTH DEPARTMENT.

SO WE'RE ADDING THAT.

SO THAT WASN'T IN IT BEFORE.

OKAY.

LEMME GET BACK FOR THAT SECOND.

THIS IS NUMBER.

OKAY.

HE'S, HE'S LOOKING STATE.

SO YOU'RE SAYING NUMBER THREE, ANY COMBINATION OF SUBDIVISION AND CLUSTER HOUSING DEVELOPMENT, THE TOTAL OF ALL NEW LAUNCH SHALL NOT INCLUDE MORE THAN SIX.

IS THAT NUMBER THREE OF THAT? NO.

OKAY.

I'M LOOKING AT, OKAY.

UH, THE 180 ZONING, AND YOU HAVE AC AND YOU HAVE D OR USES, USES ALLOWED BY A CONDITIONAL USE PERMIT.

THE FOLLOWING NAMES MAY BE PERMITTED.

AND THEN THERE'S 26 SUBSECTION A, AND THAT'S WHERE IT SAYS, UM, THAT THE CLUSTER HOUSING DEVELOPMENT, UH, MEANING STANDARDS, BLAH, BLAH, BLAH, APPRO.

AND IT SAYS NOT TO EXCEED 10 APPROVED BY THE HEALTH DEPARTMENT.

OKAY.

OKAY.

IS THAT A NEW REQUIREMENT THAT WE'RE PUTTING INTO THIS ORDINANCE OR IS THAT, SO FOR THIS SPECIFIC ITEM, I HAD ACTUALLY SUBMITTED IT'S LEGAL WITHOUT CHANGING IT.

AND THEY REQUESTED WE PUT THIS IN HERE.

AND SO THE SUBDIVISION IS FOR, IT NEEDS TO BE FOR A PURPOSE.

IN THIS CASE, WE ARE LIMITING THAT PURPOSE TO, UH, THE CONSTRUCTION OF A SINGLE FAMILY DWELLING.

AND SO WE NEED TO SEE THAT THE HEALTH DEPARTMENT HAS APPROVED A LOT FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING.

UM, THAT'S COVERED IN EVERY SUBSECTION WE'VE CHANGED IN THIS ORDINANCE.

AND THE, IN ADDITION TO THE RESIDUAL LOT OF THE PARENT PARCEL IS A CLARIFYING STATEMENT.

SO THAT ISN'T A CHANGE FOR HOW WE DO IT.

NOW, IT'S JUST TO CLARIFY THAT THIS IS IN ADDITION TO THE LOT THAT'S LEFT OVER FROM THE SUBDIVISION.

OKAY.

ANY CLUSTER SUBDIVISION AS IT CAME IN NOW WOULD'VE TO MEET THE HEALTH DEPARTMENT REQUIREMENTS ALREADY.

AND THIS IS JUST CLARIFYING THAT.

OKAY.

IT'S MORE OF A CLARIFICATION.

SO, SO IF, SO, IF WE HAVE A PROPERTY OWNER THAT WANTS TO SUBDIVIDE THEIR LOTS TO HELP THE FAMILY, THEY HAVE UP TO SIX LOTS.

AND THESE LOTS HAVE TO BE APPROVED BY THE HEALTH DEPARTMENT.

NOW THEY DO.

NOW THEY DO.

YEAH.

PREVIOUSLY, PREVIOUSLY ONLY AT THE TIME A BUILDING PERMIT WAS GOING TO BE ISSUED, WOULD THEY HAVE TO HAVE THE SOIL WORK IN THE HEALTH DEPARTMENT PERMIT LETTER? MM-HMM.

.

NOT AT THE TIME OF THE SUBDIVISION REQUEST.

NOW WE'RE REQUIRING AT THE TIME OF THE SUBDIVISION REQUEST VERSUS THE TIME OF THE BUILDING PERMIT.

MM-HMM.

.

OKAY.

AND I ALWAYS KIND OF WONDERED ABOUT THAT.

I DID.

AND, AND, UH, SO NOW IT'S VERY SIMILAR TO WHAT WE HAVE FOR OUR CLASS A'S THAT ARE ALONG THE STATE ROAD.

MM-HMM.

IT'S A REQUIREMENT.

SO WE'LL REQUIRE THAT.

UM, AND WE'LL REQUIRE A SIGN OFF ALSO.

WE'LL, WE'LL REQUIRE BY THE HEALTH DEPARTMENT FOR THAT.

[00:35:01]

RIGHT.

BUT WE WILL REQUIRE THAT AS A SIGN OFF FOR THE HEALTH DEPARTMENT.

ALRIGHT.

AND, UM, SO WHY ARE WE DOING THIS? I MEAN, THEY ALREADY HAVE IT APPROVAL FOR FOUR LOTS.

NOW WE'RE INCREASING IT TO SIX LOTS.

SO IS WAS THIS A REQUEST FROM A PROPERTY OWNER OR IS THIS, I MEAN, WHAT THIS, THIS HAS COME UP A NUMBER OF TIMES IN DEALING WITH SOME OF THE SURVEYORS.

THE SURVEYORS WILL COME IN AND, YOU KNOW, HAVE TOLD US, WELL, WE, WE COULDN'T, YOU KNOW, WE TOLD THEM THEY COULDN'T DO ANY, ANY MORE LOTS 'CAUSE THEIR LOTS WERE SUBDIVIDED.

AND WE WILL GET PERIODICALLY, WE'LL GET CALLS FROM PROPERTY OWNERS AND WE'LL EXPLAIN TO 'EM, WELL, THIS IS WHAT YOU HAVE TO DO.

YOU HAVE TO DO THAT TITLE SEARCH.

AND WE DON'T DO THE TITLE SEARCH FOR, FOR PEOPLE GOING BACK TO 1977.

AND WITH THAT TITLE SEARCH, IF YOU FIND THAT THERE ARE FOUR SUBDIVISIONS OF LAND, LESS THAN 10 ACRES, YOU'RE, YOU, YOU CAN'T DO ANY FURTHER SUBDIVIDING.

YOU KNOW? UM, AND THAT, BECAUSE A LOT OF, WE ARE GETTING, WE HAVE GOTTEN CALLS ABOUT PEOPLE WANTING TO SUBDIVIDE OR BUILD LIKE A HOUSE NEXT TO THEIRS FOR THEIR MOM OR DAD OR, YOU KNOW, VICE VERSA.

THE, THE KIDS WANNA MOVE BACK AND THE FAMILY WANTS TO HAVE, UH, LIVE IN WARREN COUNTY, BUT THEY DON'T, THEY DON'T HAVE PROPERTY.

AND SO THIS ALLOW THEM, IF THE FOUR LOTS ARE USED UP, THIS WOULD ALLOW THEM TO HAVE TWO ADDITIONAL OPTIONS OF, OF SUBDIVISION OF LAND.

SO THIS, FOR A FAMILY MEMBER.

FOR A FAMILY MEMBER.

SO YOU'RE SAYING, SO IF THERE'S A FAM, A PROPERTY OWNER THAT HAS FIVE KIDS, THEY COULD SUBDIVIDE THEIR PROPERTY IF IT'S LESS THAN 10 ACRES FOR THEIR CHILDREN.

RIGHT.

THEY WOULD HAVE TO HAVE AT LEAST A RESIDUE OF TWO.

A MINIMUM OF TWO ACRES.

AND, UM, YOU KNOW, AND, AND THAT WOULD BE THE CASE.

I MEAN, THAT WOULD, WE WOULD LOOK AT THAT AND, UH, SAY THEY'VE USED UP FIVE OF THEIR RESIDE THEIR LOTS.

NOW THERE IS A CASE, UH, THERE'S POTENTIAL THAT YOU MIGHT HAVE TWO LOTS ALREADY SUBDIVIDED FOR FAMILY USE.

OKAY.

AND OF THOSE SIX, THE OTHER TWO MAY BE CLASS A, WHICH HAVE STATE ROAD FRONTAGE.

WELL, THIS WOULD ALLOW YOU THEN TO HAVE SOME STATE ROAD FRONTAGE SUBDIVISION OF LAND THAT IS NOT FAMILY SUBDIVISION, BECAUSE YOU'VE USED THE, YOU, YOU'VE MET THE CRITERIA FOR USING TWO OF THEM AS FAMILY SUBDIVISIONS OF LAND.

BUT MOST OF THE TIME WHAT WE SEE IS THAT CLASS A SUBDIVISIONS ARE DONE, IF YOU HAVE STATE ROAD FRONTAGE, THEY'RE GONNA DO IT WITHOUT HAVING TO, UH, UH, DOING A FAMILY SUBDIVISION.

BECAUSE A LOT OF TIMES THEY DON'T OWN IT.

THEY HAVEN'T OWNED IT FOR FIVE YEARS AND THEY DON'T WANT TO LOCK THE LAND UP FOR FIVE YEARS.

THEY WANT TO SELL THAT LAND.

OKAY.

AND, AND THAT'S NOT A REQUIREMENT FOR A STANDARD CLASS A THAT HAS STATE ROAD FRONTAGE.

MM-HMM.

.

SO THE, THE FAMILY SUBDIVISION ALSO DEFINES FAMILY MEMBERS AS TO WHO YOU CAN SELL IT, YOU KNOW, WHO YOU CAN DEED IT OR SELL IT HOWEVER YOU'RE GONNA DO IT.

BUT IT MUST BE THAT FAMILY MEMBER AS DEFINED.

WELL, YEAH.

IT SAYS IN THE CODE IT HAS TO BE IN THE ANCE THAT THEY HAVE TO HAVE THAT IN THERE.

RIGHT.

ONLY FOR THE FAMILY.

SO YEAH, THAT'S SHOWN ON THE PLAQUE.

THAT'S THE PROTECTION OF MAKING SURE THAT SOMEONE'S JUST NOT SAYING THAT THEY'RE SUBDIVIDING THEIR PROPERTY.

BECAUSE EVEN IN THE CODE IT SAYS IT GIVES, YOU KNOW, CAUTION THAT THEY DIDN'T USE THE WORD CAUTION, BUT NOT TO USE AS CODE FOR ANYBODY TO CIRCUM CIRCUMVENT THE, AND AND THAT NORMAL, UH, SUBDIVISION CODES AND STUFF.

SO THAT'S ACTUALLY SAID IN THE CODE.

RIGHT.

AND YOU'RE ACTUALLY RIGHT.

AND, AND PART OF THE SUBDIVISION PLATT FOR FAMILY SUBDIVISIONS, THE SURVEYORS ARE REQUIRED TO PUT THAT ON THE PLAT.

THEY PUT THAT LANGUAGE ON A PLATT MM-HMM.

THAT IT'S NOT MEANT TO CIRCUMVENT THAT, THAT FAMILY ORDINANCE, THE FAMILY SUBDIVISION ORDINANCE.

MM-HMM.

.

SO, UM, YEAH, THAT'S WHAT WE, THAT'S WHY WE UTILIZE THAT.

WE LOOK FOR THAT DURING, YOU KNOW, WHEN FAMILY SUBDIVISIONS ARE SUBMITTED TO US.

UM, BUT, UH, AGAIN, I THINK MOST OF WHAT IT IS, UH, A, A BIG PART OF ALSO WHAT WE'VE DONE IS BECAUSE WE ARE NOT SEEING THE, THE HOUSING BEING PROVIDED IN AND AROUND THE COMMUNITY AND IN FRONT ROYAL, THERE'S JUST, YOU KNOW, THEY, THEY'VE BEEN DOING SOME PIECE WORK HERE AND THERE, BUT, YOU KNOW, WITH THE, THE, UH, LAND THAT WAS GRANTED AND THE NEXT INTO THE TOWN, WELL OVER 10 YEARS AGO, I THINK ALMOST 12 YEARS

[00:40:01]

WHEN IS THAT DEVELOPMENT GONNA HAPPEN? AND SO THIS WAS A WAY FOR PLANNING FOR US AS PLANNERS TO LOOK AT THE COUNTY AND SAY, WELL, HOW CAN WE DO, HOW CAN WE HELP THE COUNTY CITIZENS HAVE ADDITIONAL SUBDIVISION RIGHTS FOR FAMILY MEMBERS WHO WANNA STAY IN THE COUNTY AND WHO, YOU KNOW, THEY MAY WANT TO, AGAIN, AS I SAID, THEY MAY WANT TO GIVE THE LAND, THEY MAY WANT TO GIVE IT TO 'EM AT A REDUCED COST.

AND THEN THAT WOULD ALLOW FOR ADDITIONAL HOUSING FOR PEOPLE WHO ARE FAMILY MEMBERS OR PEOPLE WHO HAVE LIVED HERE FOR FIVE YEARS, UM, TO CONTINUE TO STAY IN THE COUNTY AND, AND WORK IN, HOPEFULLY WORKED IN THE COUNTY ALSO.

UH, SO THAT WAS KIND OF A DRIVING THING.

IT WAS LIKE THAT WE WERE TRYING TO LOOK AT THE BIG PICTURE ALSO.

WELL, I THOUGHT FOUR LOTS.

AND NOW YOU'RE MOVING UP TO SIX LOTS.

SO WHAT, WHAT UM, DATA DID YOU HAVE TO DETERMINE THAT WE NEED TO INCREASE IT BY TWO MORE LOTS? IS THAT JUST, WE'RE JUST LOOKING AT AND SAY, WELL, YOU KNOW, WE'LL GIVE THEM TWO MORE LOTS.

I MEAN, WAS THERE ANY THOUGHT PROCESS BEHIND THAT? WHAT WAS A REASON? WE JUST THOUGHT THAT WAS REASONABLE WAS HALF OKAY.

WHAT YOU WOULD BE ALLOWED AT THE TIME.

MM-HMM.

.

AND, UM, WE HAVEN'T AMENDED THIS ORDINANCE.

WELL, I MEAN, SINCE I'VE BEEN HERE MM-HMM.

.

AND SO WE LOOK FOR, YOU KNOW, WE LOOK FOR THIS, IF IT DOES GET APPROVED, IT WOULD BE SOMETHING THAT WE WOULD LOOK TO KEEP FOR A SIGNIFICANT AMOUNT OF TIME.

AND THEN ONCE THE COMPREHENSIVE PLAN IS, YOU KNOW, UH, DONE AND WE KIND OF HAVE AN IDEA OF FURTHER, UH, WHERE THE COUNTY WANTS TO GO WITH HOUSING AND, AND, UH, UH, DEVELOPMENT WITHIN THE RURAL COMMUNITY, UM, YOU KNOW, THEY CAN READDRESS IT AT THAT TIME.

BUT, UH, IT WAS JUST, WAS SOMETHING THAT WE LOOKED AT AND JUST BASED ON SOME OF THE FEEDBACK WE'VE GOT FROM THE COMMUNITY AND SURVEYORS, WE THOUGHT THIS MIGHT BE A, A, AN AMENABLE THING.

MM-HMM.

, YOU KNOW.

SO, MADAM CHAIR, IF I CAN ASK YOU, DO YOU HAVE ANY ANECDOTAL EVIDENCE WHERE, YOU KNOW, FOLKS HAVE COME IN AND, AND ASKED TO DO THIS? OR, OR DO YOU HAVE ANY, ANY DATA THAT SHOWS THAT, YOU KNOW, IN THE PAST FIVE YEARS, I'VE HAD 17 PEOPLE COME IN AND ASK FOR THIS, OR WE HAVE NOT TRACKED THOSE QUESTIONS.

OKAY.

I WILL TELL YOU THAT.

OKAY.

WE HAVE NOT TRACKED THOSE.

IT, IT'S BEEN MORE, AND A LOT OF TIMES IS, YOU KNOW, THEY'LL CALL AND ASK US ABOUT IT AND WE'LL SAY, WELL, YOU'VE GOTTA DO THE RESEARCH, OR YOU'VE GOTTA HIRE A SURVEYOR OR EVEN TITLE COMPANY AND YOU DO THE RESEARCH AND THEN YOU CAN COME BACK TO US AND WE'LL LET YOU KNOW.

UM, A LOT OF TIMES THEY DON'T COME BACK TO US, YOU KNOW, BECAUSE THEY, YOU KNOW, WE LOOK AT IT, WE SAY, LOOK, IT LOOKS LIKE YOU HAVE USED UP THE FOUR LOTS BASED ON OUR TAX MAP NUMBERS AND THAT KIND OF THING.

MM-HMM.

.

BUT WE, THAT'S NOT A DEFINITIVE, UH, ANSWER TO THEM.

THEY NEED TO DO THAT TITLE SEARCH BACK TO 77.

SO, UM, AGAIN, THIS IS JUST LOOKING FORWARD AND, UH, TRYING TO ADDRESS POTENTIAL NEED FOR, FOR THE COMMUNITY, FOR HOUSING, FOR, FOR FAMILIES THAT OWN PROPERTY, FOR FAMILIES THAT OWN PROPERTY HERE IN THE COUNTY, OF WHICH 60%, AND AGAIN, WE'RE TALKING ABOUT OUR AGRICULTURAL ZONING DISTRICT, 60% OF THE COUNTY IS STILL AGRICULTURE.

YEAH, I UNDERSTAND.

SO, YOU KNOW, IT DISPERSES THE DEVELOPMENT OF THE LAND INSTEAD OF FOCUSING IT.

WELL, ONE SPECIFIC AREA LIKE YOU WOULD HAVE WITH A PLANNED RESIDENTIAL DEVELOPMENT WITHIN THE TOWN.

WELL, I JUST WANT TO GO ON RECORD THAT MY HUSBAND AND MY SON DO OWN SOME FARMLAND.

UM, WE, I KNEW NOTHING ABOUT THIS.

SO IF THERE'S ANY INSINUATION THAT MAYBE I WAS INVOLVED IN ASKING FOR THIS INCREASE, I KNEW NOTHING ABOUT THIS UNTIL I GOT IT LIKE EVERYONE ELSE DID.

I HAVE NOT ASKED FOR ANY SPECIAL FAVORS, NOR WOULD I EVER DO THAT.

SO I WANNA GO ON RECORD AS BEING VERY CLEAR OF THAT.

UM, WE DON'T HAVE NEVER DISCUSSED OR PLANNED TO DO ANY SUBDIVIDING, AND I JUST WANT THAT KNOWN STRAIGHT OUT.

SO IF THAT'S BEING APPLIED IN ANY WAY, IT'S TOTALLY INCORRECT.

YEAH.

WELL I DIDN'T TAKE IT THAT WAY.

YEAH, I DIDN'T TAKE THAT.

NOT AT ALL.

I JUST WANNA, I WANNA BE VERY CLEAR ON THAT.

I'VE NEVER ASKED FOR AND DON'T PLAN NO.

AS A SUPERVISOR FOR ANY SPECIAL FAVORS.

YEAH.

WELL, I'LL JUST BE HONEST WITH YOU.

YOU KNOW, I'M JUST, YOU KNOW, UM, I UNDERSTAND THE LOGIC BEHIND IT AND I SUPPORT IT, YOU KNOW, WITH LARGE FAMILIES WANNA BE CLOSE TO HELP AND, AND THAT KIND OF THING, YOU KNOW.

BUT THEN I THINK ABOUT, WELL,

[00:45:01]

AND, AND SO, YOU KNOW, I'M GOOD WITH THAT.

BUT THEN I THINK ABOUT, WELL, WHAT ABOUT THE OTHER PROPERTY OWNERS AROUND, YOU KNOW, HOW DOES, DOES THAT AFFECT THEM IN ANY WAYS? YOU KNOW, I MEAN HERE THEY HAVE, THEY HAVE 10 ACRES OF LAND, RIGHT.

THAT THEY WANTED TO GO OUT THERE AND, AND HAVE TO THEMSELVES.