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[I. Call to Order]
OF ALLEGIANCE, SO PLEASE RISE AS YOU'RE ABLE TO REMOVE YOUR HATS.I PLEDGE ALLEGIANCE TO FLAG UNITED STATES OF AMERICA AND TWO REPUBLIC FOR WHICH IT STANDS.
STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[III. Adoption of the Agenda]
ITEM IS ADOPTION OF OUR AGENDA.UH, MR. CHAIR, UM, I MOVE THAT WE ADOPT THE AGENDA AS WRITTEN WITH THE EXCEPTION OF POOLING FROM THE CONSENT AGENDA ITEMS B THROUGH F AND PLACING THEM AFTER OLD BUSINESS.
UH, WE DID HAVE A REQUEST TO WITHDRAW ITEM A FROM THE CONSENT AGENDA, SO THAT WILL NO LONGER BE A FACTOR IF YOU'D LIKE TO AMEND THE MOTION TO REMOVE, TO STRIKE IT FROM THE AGENDA SO WE COULD POSSIBLY HAVE NO CONSENT AGENDA, BILL AND I GUESS REMOVE THE REMAINING CONSENT AGENDA.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
OPPOSED? OUR AGENDA IS ADOPTED.
[IV. Closed Session]
ONE IS CLOSED SESSION.WE'LL, IS THERE A MOTION? LET'S SEE HERE.
I MOVE THE PLANNING COMMISSION TO ENTER INTO A CLOSED MEETING FOR THE PURPOSE OF THE PROVISION OF LEGAL ADVICE REGARDING SPECIFIC LEGAL MATTERS REQUIRING SUCH ADVICE.
THE SUBJECT MATTERS ARE MULTIPLE TEXT AMENDMENTS ON A REGULAR MEETING AGENDA.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
YOU GUYS STAY AMONG YOURSELVES.
DEPARTMENT UNDER VIRGINIA FREEDOM OF INFORMATION ACT AND ONLY SUCH PUBLIC BUSINESSES MATTERS.
AS WE, AS WERE IDENTIFIED IN THE MOTION BY WHICH THE CLOSED MEETING WAS CONVEYED, WERE HEARD, DISCUSSED, CONSIDERED IN THE CLOSED MEETING.
I'LL SECOND THOSE IN FAVOR, PLEASE SAY, AYE.
WITH THAT, THE MOTION CARRIES.
[V. Adoption of the Regular Meeting Minutes of April 9, 2025 Meeting]
OUR NEXT ITEM IS THE ADOPTION OF THE REGULAR MEETING MINUTES OF APRIL 9TH, 2025.MR. CHAIRMAN, I MOVE THAT WE APPROVE THE MINUTES AS PRESENTED.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
OPPOSED? AYES HAVE IT AND IT'S APPROVED.
[VI. Public Presentations]
ITEM IS PUBLIC PRESENTATIONS.PUBLIC PRESENTATIONS ARE LIMITED TO ISSUES THAT ARE NOT INCLUDED ON THE MEETING AGENDA.
IT'S INTENDED AS AN OPPORTUNITY FOR THE PUBLIC TO GIVE INPUT ON RELATIVE PLANNING ISSUES NOT INTENDED.
AS A QUESTION AND ANSWER PERIOD, IF YOU HAVE SOMETHING THAT'S ON YOUR MIND, IT'S NOT ON OUR AGENDA, PLEASE STEP FORWARD.
STATE YOUR NAME AND ADDRESS AND WE'LL GO FROM THERE.
JOHN JENKINS, SOUTH RIVER DISTRICT ISSUES WITH, UH, TOXIC WASTE AND POLLUTION OF THE SHE RIVER.
WHAT KIND OF ETHICAL AND MORAL CHARACTER DOES AN INDIVIDUAL HAVE IF THEY KNOWINGLY AND INTENTIONALLY DISPOSE OF TOXIC WASTE IN THE SHE RIVER? FULLY AWARE OF FAMILIES WHO RELY ON THE RIVER FOR THE RECREATION AND ENJOYMENT.
HOW CAN THE COMMISSION OF AN UNLAWFUL ACT THAT LY AND DANGEROUS TO HEALTH AND WELFARE OF FAMILIES DOWNSTREAM BE ALLOWED WITHOUT CONSEQUENCES? INVESTIGATIONS BY EEQ REVEALED THAT CHRISTIAN COLLEGE, A SMALL CATHOLIC LIBERAL ARTS COLLEGE, PROVIDING A TRULY CATHOLIC EDUCATION HERE IN WARREN COUNTY, WAS RESPONSIBLE FOR THE ILLEGAL DUMPING OF TOXIC WASTE REQUIRED TO PAY A REDUCED FINE AND THE INDIVIDUAL RESPONSIBLE WOULD GO UNNAMED.
WHILE WERE THE WARREN COUNTY HEALTH DEPARTMENT AND WARREN COUNTY SHERIFF'S DEPARTMENT NOT INVOLVED, THE WILLFUL VIOLATION OF DISPOSING OF TOXIC WASTE ON A PUBLIC PROPERTY IS A CRIME IN THE STATE OF VIRGINIA.
A SIMPLE LITTERING CHARGE CAN RESULT IN A FINE OF $2,500 AND 12 MONTHS IN JAIL.
NO EFFORT WAS MADE TO WARN THE PUBLIC OF THESE DANGERS.
IT IS CONCERNING THAT SUCH ACTIONS GO UNPUNISHED AND ARE ACCEPTED BY THE COMMUNITY, AND THE ISSUES ARE SWEPT UNDER THE RUG NOT TO BE DISCUSSED.
WHILE SUBSTANTIAL FUNDS WERE AVAILABLE TO CONDUCT, TO CONSTRUCT A TEMPLE THAT STAND AS A PROMINENT SYMBOL OF POWER AND AUTHORITY,
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THERE WAS NEVER SUFFICIENT RESOURCES AVAILABLE TO ADDRESS THE PROBLEM ASSOCIATED WITH THE WASTEWATER TREATMENT PLAN.THE SIMPLE SOLUTION WAS DUMPING IN THE RIVER.
NOW THE ISSUE HAS BECOME PUBLIC KNOWLEDGE OF PUBLIC RELATIONS.
RELEASE SAYS CHRIST SYSTEM REMAINS FULLY COMMITTED TO THE ENVIRONMENTAL STEWARDSHIP AND REGULATORY COMPLIANCES, PARTICULARLY IN A MANAGEMENT OF WASTEWATER TREATMENT PLANT OPERATION.
CHRISMAN HAS MET ALL THEIR OBLIGATIONS AND MAINTAINS A COOPERATIVE AND TRANSPARENT RELATIONSHIP WITH THE EEQ.
WHERE WERE THOSE STATEMENTS AND ETHICS OF STEWARDSHIP AND REGULATORY COMPLIANCE? WHEN THOUSANDS OF GALLONS OF WASTE WATER WAS DUMPED INTO THE RIVER, THERE WAS NONE.
JUST A SIMPLE ARROGANCE AND FEELING SUPERIORITY ABOVE THE AND ABOVE THE RULES OF DECENCY.
THIS IS THE SAME ORGANIZATION THAT STARTED A CAMPAIGN TO CLEAN UP SAMUELS, THE SAME ORGANIZATION THAT APPOINTED MEMBERS TO OVERSEE THE LIBRARY.
THE SAME ORGANIZATION INSTRUCTING MEMBERS OF THE BOARD OF SUPERVISORS TO REPLACE THE CURRENT MANAGEMENT OF SAMUEL PUBLIC LIBRARY.
DOES THE BOARD OF SUPERVISORS HAVE NO OBLIGATION TO TO SERVE THE PUBLIC? OR IS THERE ALLEGIANCE DIRECTED ELSEWHERE? TO SUPPORT THE TRANSPARENCY AND OPENNESS WITH THE PUBLIC IS ESSENTIAL TO NAME THE INDIVIDUAL RESPONSIBLE FOR INTENTIONALLY DUMPING THE TOXIC WASTE.
THE CONTAMINATION OF PUBLIC WATERWAY, WHICH IS VITAL TO WARREN COUNTY'S TOURIST INDUSTRY, SHOULD JUSTIFY THE COUNTY GOVERNMENT TO TAKE ACTION TO OBTAIN COMPENSATORY MEASURES WITH THE IMPOSITION OF SUBSTANTIAL FILE.
ANYONE ELSE CARE TO SPEAK? IT DIDN'T SIGN UP THAT PUBLIC PRESENTATIONS ARE CLOSED.
[VII.A. CUP2025-04-01 - Short-Term Tourist Rental - Gustavo Rosales - A request for a conditional use permit for a short-term tourist rental. The property is located at 311 Golden Russet Dr and is identified on tax map 22B, block T, as lot 32. The property is zoned Residential-One (R-1) and is located in the Apple Mountain Lake subdivision in the Happy Creek Magisterial District. - Kelly Wahl , Planner ]
GO INTO OUR PUBLIC HEARINGS.OUR FIRST PUBLIC HEARING TONIGHT.
SHORT TERM TOURIST RENTAL GUSTAVO ROSA ROSALA.
REQUEST FOR A CONDITIONAL USE PERMIT FOR A SHORT TERM TOURIST RENTAL PROPERTY IS LOCATED IN THREE 11 GOLDEN RUSSET DRIVE IDENTIFIED ON TAX MAP 22 B BLOCK T IS LOT 32.
PROPERTY ZONED R ONE RESIDENTIAL IS LOCATED IN APPLE MOUNTAIN LAKE SUBDIVISION IN HAPPY CREEK MAGISTERIAL DISTRICT.
UH, THE APPLICANT IS REQUESTING THIS CONDITIONAL USE PERMIT FOR A PROPERTY PURCHASED ON IN NOVEMBER OF 2024.
HE'D LIKE TO MAKE THE BASEMENT OF THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS SEEKING TO EXPERIENCE THE BEAUTY OF WARREN COUNTY RESIDING ON THE PROPERTY.
THE APPLICANT WILL SERVE AS THE PROPERTY MANAGER.
THIS PROPERTY HAS NOT HAD ANY PREVIOUS CONDITIONAL USE PERMITS ISSUED FOR IT.
UM, THE PROPERTY DOES, UH, HAS BEEN APPROVED FOR A FOUR BEDROOM DWELLING, 8%, UH, OCCUPANCY, UH, BY THE HEALTH DEPARTMENT.
UM, THE PROPERTY ALSO DOES NOT MEET, UH, THE A HUNDRED FOOT SETBACK REQUIREMENT FOR, UH, DWELLING TO DWELLING.
THE APPLICANT IS REQUESTING A WAIVER TO THIS SUPPLEMENTAL REGULATION.
UM, THE NEIGHBORING RESIDENCE, 3 43 GOLDEN RUSSET DRIVE IS LOCATED APPROXIMATELY 89 FEET TO THE EAST OF THE DWELLING.
WE HAVE RECEIVED A, UH, LETTER, UH, FROM THE APPLICANT OR FROM THE APPLICANT'S NEIGHBOR STATING THAT THEY ARE OKAY WITH THE NEIGHBOR RENTING THE SPACE AS A SHORT-TERM TOURIST RENTAL.
UM, STAFF IS RECOMMENDING THE FOLLOWING CONDITIONS.
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 NUMBER OF OCCUPANTS SHALL NOT EXCEED THE SYSTEM CAPACITY AS DETERMINED BY THE HEALTH DEPARTMENT PER WARREN COUNTY CODE 180 56 0.4 B.
THE CERTIFICATE OF ZONING SHALL ONLY BE ISSUED WITH APPROVED HEALTH DEPARTMENT RECORDS.
NUMBER THREE, THE APPLICANT SHALL HAVE THE WELL WATER TESTED ANNUALLY FOR E COLI AND CALIFORNIA BLACK 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 SERVED, SERVICED EVERY FIVE YEARS IS RECOMMENDED BY THE HEALTH DEPARTMENT, AND A COPY OF THE SERVICE INVOICE SHALL BE PROVIDED TO THE PLANNING DEPARTMENT.
AND LASTLY, NUMBER FIVE, A WAIVER TO THE REQUIRED SETBACK OF A HUNDRED FEET TO NEIGHBORING DWELLING SHALL BE GRANTED FOR THE EXISTING 89 FEET SETBACK TO THE DWELLING EAST OF THE SUBJECT PROPERTY.
THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNER IS NOTIFIED AND I'D BE GLAD TO ANSWER ANY QUESTIONS.
I'M NOT SURE IF MS. ROSALES IS HERE.
DO YOU HAVE ANYTHING TO ADD TO THE STAFF COMMENTS? YEAH.
WE ALSO NEED YOUR ADDRESS TOO.
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I AM RESIDING AT THREE 11 GOLDEN RUST DRIVE IN LINN, VIRGINIA ON APPLE MOUNTAIN.UM, I DO OWN AND OPERATE A SHORT-TERM RENTAL DOWN IN NORTH CAROLINA.
I'M GONNA BE IN THE PROPERTY MYSELF FOR THE FORESEEABLE FUTURE.
UM, AS FAR AS TRASH MANAGEMENT, UH, I DO HAVE A SPACE FOR TRASH TO BE SECURE FROM WILDLIFE.
UM, I AM AWARE OF ALL OF THE, UM, SAFETY, UM, CONCERNS FOR, YOU KNOW, FIRE PREVENTION.
UM, I'M AWARE OF HAVING EVERYTHING PROPERLY VENTILATED.
SORRY, IT'S MY FIRST TIME IN PUBLIC HEARING
SO I'M, UH, I DO HAVE EXPERIENCE AND I'M JUST TRYING TO, YOU KNOW, I HAVE, IT'S A PERMITTED AS A FOUR BEDROOM.
UM, THE BASEMENT IS FINISHED, TOTALLY FINISHED.
IT HAS A FULL BATHROOM KITCHENETTE.
THERE ARE TWO EXITS TO THE OUTSIDE FROM THE BASEMENT.
SO IT HAS TWO EMERGENCY EXITS.
UM, IT ALSO HAS TWO WINDOWS AND A FULL BATHROOM.
SO, AND IT'S ABOUT 1500 SQUARE FEET.
IT'S BASICALLY A, AN APARTMENT.
UM, I'VE REACHED OUT AND TALKED TO OTHER SHORT-TERM RENTAL PROPERTY OWNERS IN THE AREA, AND THAT'S WHAT GOT ME HERE TO, UH, ASK FOR THE PERMIT.
'CAUSE I WAS ALMOST GONNA JUST KIND OF START IT.
BUT I REACHED OUT TO FIND OUT THE LOCAL REGULATIONS, SO I APPLIED.
I'M TRYING TO DO EVERYTHING, YOU KNOW, BY THE BOOK, SO THAT'S WHY I'M HERE.
OKAY, SO THE PUBLIC HEARING IS NOW OPEN.
HAS ANYONE SIGNED UP? MR. JENKINS? JOHN JENGEN, SOUTH RIVER DISTRICT? UH, THERE ARE CURRENTLY ABOUT 175 SHORT TERM TOURIST RENTALS WITH MORE APPLICATIONS PENDING.
UH, DO THESE SHORT TERM TOURIST RENTALS PROVIDE ADDITIONAL REVENUE FOR THE COUNTY? I DO NOT KNOW.
UH, I HAVEN'T, CAN'T FIND A REAL RESPONSE ON HOW MUCH MONEY IS GENERATED, UH, THROUGH THESE APPLICATIONS.
UH, BUT I, I DON'T BELIEVE THAT TOURISM IS GOING TO RESOLVE THE SHORTAGE OF REVENUE REQUIRED FOR THE COUNTY IN ORDER TO PROVIDE THE SAFETY, UH, AND THE SERVICES NEEDED FROM THE SHERIFF'S DEPARTMENT, FIRE DEPARTMENT AND, AND SO FORTH.
UH, AND I DON'T BELIEVE THAT IT IMPROVES THE QUALITY OF LIFE WITH THE ADJOINING NEIGHBORS NOT KNOWING WHO'S GONNA BE THERE THIS WEEKEND AND WHO'S GONNA BE THERE THE FOLLOWING WEEKEND.
UH, MOST PEOPLE, I HAVE TO SAY, ARE HONEST, DECENT PEOPLE.
SOME PEOPLE ARE NOT WORTH A OR WHATEVER.
UH, I DON'T WANNA GET INTO THAT.
UH, HAS THERE BEEN A STUDY ON HOW MANY APPLICATIONS YOU'RE GOING TO CONTINUE TO APPROVE? UH, I MEAN, UH, BY THE END OF THE YEAR WE WILL HAVE 200 NEXT YEAR, IF SAME THING.
IS THERE ANY STUDY DONE ON HOW THAT'S GOING TO AFFECT THE, THE REAL, UH, FAMILIES HERE, UH, IN THE COUNTY? HOW IT AFFECTS THE LOCAL BUSINESSES AS FAR AS, UH, TOURISTS COME IN AND THEY SPEND SOME MONEY AT THE RESTAURANTS.
THEY SEND SOME MONEY AT THESE SPECIALTY SHOPS DOWNTOWN.
BUT THE MOM AND POP STORES THAT PROVIDE THE EVERYDAY NECESSITIES FOR FAMILIES THAT LIVE HERE FULL TIME DEPEND ON THESE FAMILIES TO COME IN AND TO SUPPORT THEM AND KEEP BUSINESSES GOING.
WITH 175 FAMILIES, IF THEY WERE HERE LIVING IN THESE PLACES, THEY WOULD PROBABLY OWN TWO VEHICLES.
THAT'S 350 VEHICLES THAT WOULD BE REGISTER IN WARREN COUNTY THAT WOULD BE REQUIRED TO PAY PERSONAL PROPERTY TAX.
IF THE PERSONAL PROPERTY TAX ON THE AVERAGE VEHICLE IS $1,500, THAT AMOUNTS TO ALMOST A HALF A MILLION DOLLARS A YEAR THAT YOU'RE LOSING.
WHEN THE TOURISTS COME IN, THEY'RE NOT DOING ANYTHING.
YOU MAKE A LITTLE BIT OF MONEY ON THE PROFITS THAT, THAT ARE TURNED IN FROM THESE THINGS.
ONE OF THE THINGS THAT I DID NOTE ON EVERY APPLICATION IS THAT THEY'RE REQUIRED TO FOLLOW THE WARREN COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS.
AND IF THEY DON'T, THEN THEIR PERMIT IS TERMINATED.
IT'S UNFORTUNATE THAT THE SAME RULES DON'T APPLY TO THE CHRISTIAN COLLEGE WHO DUMP THOUSANDS OF GALLONS OF TOXIC WEIGHT IN THE RIVER WITH NO CONCERN FOR THE FAMILIES DOWNSTREAM.
ANYONE ELSE CARE TO SPEAK? IT DIDN'T SIGN UP.
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MY NAME IS JARED HILL.I'M FROM BENTONVILLE, VIRGINIA, AND I REPRESENT, UH, PAUL, JENNIFER HILL.
MR. JENKINS, I SHOW THAT WE ACTUALLY NEED YOUR STREET ADDRESS.
1109 PANHANDLE ROAD, 4 92 PANHANDLE ROAD.
I ALSO AM REPRESENTING MY NEIGHBOR, CHRIS ALEXANDER.
I ACTUALLY DON'T KNOW HIS STREET NUMBER.
AND I JUST WANTED TO SAY, UM, THAT ALSO JUST LIKE I'M A VESTED INTEREST IN OUR ENTIRE COUNTY WHEN IT COMES TO SHORT TERM RENTALS AND THE BALANCE BETWEEN TOURISM AND CONSERVATION.
AND I WOULD REALLY JUST LIKE TO REQUEST THAT IF THERE'S ANY OPPORTUNITY TO REMAIN PART OF THAT CONVERSATION, UM, TO BE INVOLVED IN ALL THE GOINGS ON, UM, THE PEOPLE THAT I REPRESENT, MY FAMILY AND MYSELF DON'T.
WE'RE NOT AGAINST, UH, TOURISM AND BUILDING AND, AND BRINGING PEOPLE TO OUR COMMUNITY, BUT WE WOULD LIKE TO BE PART OF THE CONVERSATION.
ANYONE ELSE? BEEN SEEING NO ONE COME FORWARD? THIS PUBLIC HEARING IS CLOSED.
OH, THIS ONE SEEMS A PRETTY GOOD APPLICATION BEING THE OWNER LIVES ON SITE.
WELL, I GOT A QUESTION FOR STAFF HERE.
HOW WAS THE LETTER RECEIVED FROM, UH, MR. HENRY THAT'S NOT SIGNED?
I DON'T SEE IT AS, UH, EMAIL OR ANYTHING.
I JUST BASICALLY AS RESIDENTS OF 3 4, 3 GOLDEN RUSSETT DRIVE, WE ARE OKAY WITH OUR NEIGHBOR GUSTAVO ROSALES RENTING SPACE IN HIS HOME AT THREE 11 GOLDEN RUSSET DRIVE, UH, LYNDON, VIRGINIA, JOHN HEBE AND NORA FERGUSON, AND THEY PROVIDED THEIR, UH, PHONE NUMBER.
SO I AM NOT AWARE OTHER THAN ALLISON, UH, PUBLIC HEARING SPOKE, SIR.
SO, UM, YEAH, I MEAN, THAT'S ALL I CAN GIVE YOU.
I MOVE THAT THE PLANNING COMMISSION FORWARD THIS APPLICATION TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION TO APPROVE, UH, WAIT A MINUTE, I'M ON THE WRONG ONE.
UH, I MOVE THAT THE PLANNING COMMISSION FORWARD THIS APPLICATION TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION TO APPROVE CUP 2025 DASH OH 4 0 1 FOR SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY STAFF.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
UNANIMOUS AYES HAVE, IT'LL BE FORWARDED ONTO THE BOARD OF SUPERVISORS AND THEY SHOULD TAKE IT UP IN APPROXIMATELY A MONTH.
[VII.B. CUP2025-04-02 - Short-Term Tourist Rental - Chris King-Archer - A request for a conditional use permit for a short-term tourist rental. The property is located at 471 Shady Tree Lane and is identified on tax map 16A, section 1, block 2, as lot 59A. The property is zoned Residential-One (R-1) and is located in the Shenandoah Magisterial District. - Chase Lenz, Zoning Administrator]
CUP 20 25 0 4 0 2.CHRIS KING ARCHER REQUEST FOR CONDITIONAL USE PERMIT FOR A SHORT TERM TOURIST RENTAL PROPERTY IS LOCATED IN 4 71 SHADY TREE LANE IDENTIFIED ON TAX MAP 16.
A SECTION ONE BLOCK TWO IS LOT 59.
A PROPERTY ZONED R ONE RESIDENTIAL LOCATED IN SHENANDOAH MAGISTERIAL DISTRICT.
THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY HE PURCHASED IN JULY OF 2024.
THE OWNER WOULD LIKE TO MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS SEEKING TO ENJOY THE NATURAL BEAUTY, RECREATIONAL OP OPPORTUNITIES AND HISTORICAL CHARM OF THE WARREN COUNTY AREA, PRIMARILY RESIDING IN THE TOWN OF FRONT ROYAL.
THE APPLICANT WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM LOCAL PROFESSIONAL SERVICES FOR CLEANING, MAINTENANCE, AND LANDSCAPING.
UH, PROPERTY IS LOCATED IN THE BLUE MOUNTAIN SUBDIVISION.
UH, COMMENTS WERE REQUESTED FROM THE BLUE MOUNTAIN BLUE MOUNTAIN PROPERTY OWNERS ASSOCIATION.
THEIR BOARD OF DIRECTORS, UH, SUBMITTED A RESPONSE INDICATING THEY DO NOT OBJECT TO THE PROPOSED LAND USE PROVIDED THE OCCUPANCY IS LIMITED, UH, TO THE SIX OCCUPANTS APPROVED BY THE HEALTH DEPARTMENT PERMIT.
UH, AND THERE IS A HEALTH DEPARTMENT PERMIT, WHICH ACTUALLY APPROVES MAXIMUM OF EIGHT OCCUPANTS FOR, UH, THE DWELLING.
UM, AND THE, UH, DWELLING ON THE SUBJECT PROPERTY DOES MEET THE SETBACK REQUIREMENT FROM ALL NEIGHBORING DWELLINGS.
THE NEAREST RESIDENCE IS LOCATED APPROXIMATELY 194 FEET TO THE SOUTHEAST.
UM, SO IT IS THE SAME RECOMMENDED CONDITIONS AS THE PREVIOUS ITEM WITH AN EXCEPTION OF CONDITION NUMBER FIVE.
THERE IS NO CONDITION NUMBER FIVE, SINCE IT MEETS THE SETBACK REQUIREMENT THAN THAT, THIS PUBLIC HEARING HAS BEEN
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PROPERLY ADVERTISED.ADJACENT PROPERTY OWNER'S NOTIFIED, AND I'M ACTUALLY NOT SURE IF THE APPLICANT IS HERE.
UM, SO JUST AS, UH, CHASE SAID, UM, I AM UH, SEEKING APPROVAL FOR AN APPLICATION FOR A SHORT TERM RENTAL ON SHADY TREE LANE.
ANY QUESTIONS OR COMMENTS? I'M HAPPY TO OKAY.
IF ANYTHING COMES UP AFTER THE PUBLIC HEARING, WE'LL ADDRESS IT TO YOU.
WITH THAT, THIS PUBLIC HEARING IS NOW OPEN.
ANYONE SIGN UP? HE WOULDN'T CARE TO SPEAK.
PLEASE MOVE THE PLANNING COMMISSION FORWARD THIS APPLICATION TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION TO APPROVE CUP 20 25 0 4 0 2 FOR SHORT TERM TRUST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY STAFF.
I'LL SECOND ALL THOSE IN FAVOR, PLEASE SAY AYE.
THEY'RE GONNA BE PASSED ON THE BOARD ALSO.
[VII.C. CUP2025-04-03 – Short-Term Tourist Rental - Gillian Greenfield & Richard Butcher DBA 2MEXICO, LLC/B Allen Richards, LLC - A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 209 Luchase Road and is identified on tax map 23A, section 4, block 10, as lot 7A. The property is zoned Residential-One (R-1) and is located in the Happy Creek Magisterial District. - Kelly Wahl , Planner]
OUR THIRD PUBLIC HEARING TONIGHT.SHORT TERM TOURIST RENTAL, JILLIAN GREENFIELD AND RICHARD BUTCHER.
DBA IS TWO MEXICO LLC SLASH BBL.
AND RICHARDS LC REQUEST FOR CONDITIONAL USE PERMIT FOR A SHORT-TERM FIRST RENTAL PROPERTY IS LOCATED IN 2 0 9 LU CHASE ROAD IDENTIFIED ON TAX MAP 23.
A SECTION FOUR BLOCK 10 IS LOT 23 8.
R ONE RESIDENTIAL LOCATED IN THE HAPPY CREEK DISTRICT.
MR. WENDLING, I ASSUME YES, I'LL BE TAKING THIS THROUGH.
UH, SO THE APPLICANTS WOULD LIKE TO MAKE THIS PROPERTY AVAILABLE FOR SHORT-TERM LODGING.
UM, THEY RESIDE IN WINCHESTER AND THEY HAVE, UH, A NUMBER OF YEARS OF EXPERIENCE OPERATING THREE OTHER SHORT-TERM TOURIST RENTALS IN WARREN COUNTY.
THEY PLAN ON MANAGING THE PROPERTY THEMSELVES WITH ASSISTANCE FROM PROFESSIONAL SERVICES FOR TRASH DISPOSAL CLEANING AND MAINTENANCE.
R ONE IS LOCATED IN THE SKYLAND ESTATE SUBDIVISION WHERE THERE ARE CURRENTLY 10 ACTIVE CONDITIONAL USE PERMITS FOR SHORT-TERM TOURIST RENTALS.
NO PREVIOUS CONDITIONAL USE PERMITS HAVE BEEN ISSUED FOR THE SUBJECT PROPERTY FOR LAND USES IN R IN THE R ONE ZONING DISTRICT.
THE APPLICANTS PREVIOUSLY APPLIED FOR A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE SUBJECT PROPERTY AND WERE DENIED BY THE BOARD OF SUPERVISORS ON FEBRUARY 18TH, 2025.
THEY NOW ARE REPLYING REAPPLYING WITH CHANGES MADE TO THEIR PROPERTY MANAGEMENT PLAN TO REDUCE MAXIMUM OCCUPANCY IN PARKING.
THE MAXIMUM OCCUPANCY, UM, IS, UH, LIMITED TO SIX, BUT THEY'RE ARE BASICALLY GOING TO HAVE A MAXIMUM OF FOUR.
UM, THE REDUCED PARKING WAS FROM WILL BE FROM THREE VEHICLES TO A MAXIMUM OF TWO.
UM, ADDITIONAL SCREENING INCLUDING A FENCE OR POTENTIALLY SOME LANDSCAPING BETWEEN THE ADJACENT PROPERTY AND ADDITIONAL SECURITY MANAGEMENT.
UM, THERE ARE NO RECORDS OF ANY ZONING VIOLATIONS ON THIS PROPERTY AND THE PROPERTY UH, DOES UH, HAVE A HEALTH DEPARTMENT OPERATIONAL PERMIT FOR SIX OCCUPANTS FOR THREE BEDROOM DWELLING, UH, FOR A CONVENTIONAL SEPTIC.
BUT AGAIN, THE PROPERTY MANAGEMENT PLAN WILL STATE THAT A MAXIMUM OCCUPANCY OF FOUR, UH, WILL BE ALLOWED.
UM, THE PROPERTY, THE APPLICANT IS REQUESTING A WAIVER, UH, TO THE SUPPLEMENTAL REGULATIONS, UH, AS THE DWELLING DOES NOT MEET THE A HUNDRED FOOT SETBACK REQUIREMENT FOR BOTH NEIGHBORING RESIDENCES.
THE NEIGHBORING RESIDENCE AT 180 9 LU CHASE ROAD IS LOCATED APPROXIMATELY 46 FEET TO THE WEST OF THE DWELLING ON THE SUBJECT PROPERTY.
THE SECOND NEIGHBORING PROPERTY AT 2 33, LOU CHASE IS LOCATED APPROXIMATELY 95 FEET TO THE EAST OF THE DWELLING ON THE SUBJECT PROPERTY.
UH, WE HAVE RECEIVED COMMENTS FROM THE NEIGHBOR ON THE WEST SIDE, UH, UH, STATING HE HAS NO ISSUES WITH THAT 40, UH, SIX FOOT SETBACK.
UM, THE OTHER PROPERTY OWNER, I'LL JUST MENTION, THEY DO HAVE A CONDITIONAL USE PERMIT FOR SHORT-TERM TOURIST RENTAL.
THEY WERE PROVIDED, UH, I THINK 2017.
UH, THEY OWNED TWO HOUSES ADJACENT TO ONE ANOTHER AND THEIR SHORT-TERM TOURIST RENTAL WAS, UH, DID NOT MEET THE SETBACK BECAUSE, UM, BUT I BELIEVE THEY WERE APPROVED BECAUSE THEY LIVED DIRECTLY ADJACENT TO IT.
SO, UM, THE RECOMMENDED CONDITIONS WE ARE REQUESTING ARE YOUR, BASICALLY YOUR STANDARD CONDITIONS FOR THE SHORT TERM TAUS RENTALS, UH, WITH NUMBER FIVE BEING A WAIVER TO THE REQUIRED SETBACK OF A HUNDRED FEET
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TO NEIGHBORING DWELLINGS AND SHALL BE GRANTED FOR THE EXISTING 46 FOOT SETBACK TO THE DWELLING WEST OF THE SUBJECT PROPERTY AND THE EXISTING 95 FOOT SETBACK FOR THE DWELLING EAST OF THE SUBJECT PROPERTY.UM, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED, ADJACENT PROPERTY OWNERS HAVE BEEN NOTIFIED.
UM, THE APPLICANTS ARE HERE AND THEY CAN BASICALLY DISCUSS MAYBE SOME OF THE OTHER DIFFERENCES, UH, ALONG WITH THAT STATEMENT OF JUSTIFICATION THAT WERE, WERE PROVIDED TO YOU IN YOUR PACKETS.
ANYTHING YOU GUYS CARE TO ADD? UH, GILLIAN GREENFIELD, 14 EAST PICCADILLY STREET, WINCHESTER, UH, THANK YOU FOR YOUR VALUABLE TIME.
UM, PER, UH, MR. WENDLING, WHAT WE HAVE MADE CONSIDERABLE MODIFICATIONS TO OUR MANAGEMENT PLAN SINCE THE LAST TIME WE WERE HERE, WHICH TOOK IN ALL THE CONSIDERATION OF THE MEETINGS THAT WE HAD WITH SOME BOARD MEMBERS, SUPERVISORS, AND RE OUTREACH TO THE COMMUNITY MOST SIGNIFICANTLY.
THAT WAS REDUCING OCCUPANCY, THAT WAS REDUCING THE NUMBER OF PARKING, REVISING OUR PROPERTY MANAGEMENT PLAN TO SUCCESSFULLY ADDRESS CONCERNS FROM OUR NEIGHBORS AND THE BOARD ABOUT NOISE, ABOUT PARKING, ABOUT TRASH, ABOUT PARTIES AND NOISE.
WE'VE ADDRESSED ISSUES ABOUT TRAFFIC SAFETY.
WE'VE ADDRESSED ISSUES ABOUT THEIR CONCERNS ABOUT OUR GUESTS USING THE PUBLIC SPACES IN THE COMMUNITY.
WE'VE ADDRESSED PARKING ON THE STREET.
WE'VE ADDRESSED ASSURING THAT THERE WILL BE NO STRANGERS THAT WEREN'T PROPERLY IDED.
WE'VE ADDRESSED THEIR CONCERNS ABOUT NUDITY FROM A GUEST.
WE HAVE UPDATED OUR PLAN WITH A SUPPLEMENTAL, UH, MANAGEMENT PLAN THAT I DARE SAY PROBABLY HASN'T BEEN AS COMPREHENSIVE IN IN THE PAST, UH, BY ANY APPLICANT.
IT INCLUDES THESE MAGNETS, WHICH I WOULD LIKE TO HAND BECAUSE THIS HAS ALSO NEVER BEEN DONE BEFORE.
EITHER THE MAGNETS GIVEN TO OUR NEIGHBORS, IT HAS OUR DIRECT MOBILE LINE.
IT ALSO HAS THE DIRECT LINE FOR THE SHORT TERM RENTAL VIOLATION HOTLINE AND THE SHERIFF'S NON-EMERGENCY LINE.
SO THIS ABSOLUTELY GIVES AUTHORITY BY OUR BOARD AND THE COMMUNITY AND THE NEIGHBORS OVER OUR AIRBNB TO ENSURE SAFETY AND COMPLYING WITH ALL THEIR CONCERNS.
HOWEVER, THESE EFFORTS SEEM A BIT SECONDARY TO THE CORE ISSUE, WHICH IS THE A HUNDRED FOOT RULE AND OUR INABILITY TO GET A LETTER OF SUPPORT FROM MY ONE NEIGHBOR WHO IS 95 FEET FROM OUR BACK PORCH.
IT IS MY UNDERSTANDING THE A HUNDRED FOOT RULE IS A SUPPLEMENTAL REGULATION ESTABLISHED TO ENSURE FAIRNESS AMONG NEIGHBORS, ALLOWING THEM TO VOICE CONCERNS ABOUT LIVING NEAR A SHORT TERM RENTAL AND TO PROMOTE EQUITABLE CONSIDERATION FOR ALL THE COMMISSION.
AND THE BOARD CAN CHOOSE TO WAIVE THIS RULE OR ENFORCE IT ON A CASE BY CASE BASIS BASED ON HAVING ALL THE INFORMATION ABOUT EACH SITUATION.
TO HAVE ALL THE INFORMATION ON THIS SITUATION, OUR NEIGHBOR OF 95 FEET AWAY OPERATES HER OWN SHORT TERM RENTAL.
AND THIS IS WHOM IS WITHHOLDING THEIR SUPPORTING LETTER USING THIS RULE TO KEEP OUT.
COMPETITION WAS NOT THE INTENT OF THE A HUNDRED FOOT RULE.
OBJECTIVELY, THE OPERATION OF HER SHORT TERM RENTAL NEXT TO HER HOUSE SHOULD BE EVIDENCE THERE IS NO ISSUES.
SHE HAS RESIDING NEXT TO ONE AND THE OPERATION OF ONE IN THE COMMUNITY.
THEREBY THIS SHOULD ADDRESS THE CONCERN A LETTER OTHERWISE WOULD BE INTENDED TO DO IN SHORT, IN THIS CASE.
NOW HAVING ALL THE INFORMATION APPROVAL OF OUR APPLICATION IS 100% IN ALIGNMENT WITH THE SPIRIT OF PROMOTING THE FAIRNESS AND EQUAL TREATMENT.
THE A HUNDRED FOOT RULE WAS DESIGNED TO ACHIEVE FAIRNESS AND EQUAL TREATMENT.
THAT'S WHAT THE RULE WAS INTENDED FOR.
THAT'S WHAT YOUR APPROVAL OF THIS APPLICATION WILL PROVIDE.
THANK YOU FOR YOUR CONSIDERATION.
WITH THAT, THIS PUBLIC HEARING IS NOW OPEN.
ANYONE SIGN UP? ALLISON? YES, MR. HARTSON?
[00:30:03]
GOOD EVENING.TERRY HARTSON, 4 26 SUGAR MAPLE ROAD, SHINDO SHORES FARM ROYAL.
YEAH, THE ONLY THING I GOTTA SAY IS I LIVED NEXT DOOR TO RICHARD AND UH, GILLIAN, UH, SHORT TIME RENTALS FOR FIVE YEARS NOW.
AND I'VE NEVER EVER HAD PROBLEM WITH THE PEOPLE THAT ARE IN THERE.
I MEAN, I'VE HAD SOME OF THE GUESTS COME TO MY HOUSE AND SAT AND ENJOY OUR DECK 'CAUSE WE'RE RIGHT ON WATER AND THEY'VE COME DOWN AND WE'VE LET 'EM, THE KAYAKS AND LET THEIR KIDS, IF THEY HAD CHILDREN WITH THEM COME DOWN AND SWIM.
AND ANOTHER THING, THEIR PLACES ARE ALWAYS IMMACULATE AROUND THEM.
YOU DON'T SEE JUNK SITTING IN THEIR YARD.
THEIR LAWNS ARE ALWAYS TAKEN CARE OF.
BUT I DON'T KNOW WHY ANYBODY UP IN THE SKYLAND STATES WOULDN'T WANT 'EM AS A NEIGHBOR.
'CAUSE I WISH THAT I HAD MORE NEIGHBORS LIKE THEM.
I LIVE AT 2 33 LOU CHASE, ADJACENT TO THE PROPERTY OF QUESTION.
UM, OF COURSE YOU ALREADY HEARD THAT THE SEPARATION OF OUR PROPERTIES IS LESS THAN A HUNDRED FEET.
AND OF COURSE THAT SEEMS TO BE UP FOR DEBATE WHETHER OR NOT THAT IS A VALID POINT.
BUT THAT ROLE WAS PUT IN PLACE FOR A REASON AND WE DON'T AGREE WITH IT AS FAR AS THEM, UH, HAVING A SHORT TERM RENTAL, UH, APPLICATION NEXT TO OUR HOUSE.
UH, THE SETBACK OF THIS HOUSE IS LESS THAN 50 FEET FROM THE FRONT OF THE HOUSE TO THE CENTER OF THE, THE ROAD THERE ON LOU CHASE.
UM, SO IT GIVES YOU A VERY SHORT PERIOD OF TIME TO GET YOUR CAR IN AND OUT THERE ON A BLIND HILL AS YOU'RE COMING UP LOU CHASE TO THAT PROPERTY.
UM, IN RETROSPECT, UH, THE COUNTY, WHEN MY WIFE AND HER LATE HUSBAND APPLIED FOR THEIR SHORT TERM RENTAL AT 2 59, UM, THERE WAS A SHED THERE AT THE END OF THE PROPERTY THAT WAS, YOU KNOW, LESS THAN 50 FEET.
SO THEY HAD TO TEAR THAT DOWN, WHICH THEY DID.
UH, I'M NOT SURE HOW THAT AFFECTS, UH, RESIDENCES, BUT THAT HOUSE HAS BEEN THERE FOR A WHILE.
SO I GUESS THEY TOOK A WAIVER TO THAT.
UM, THE DATE, AS OF THE DAY, THERE HAS BEEN NO PERMIT, UH, POSTED IN THE WINDOW OF THIS PROPERTY AT, UH, AT 2 0 9.
UH, FOR ALL THE CONSTRUCTION THAT'S BEEN GOING ON.
THEY'VE, UH, ENCLOSED THEIR SIDE PORCH TO MAKE THAT A LIVING SPACE, WHICH IS FINE.
BUT, UH, THAT'S A LIVING SPACE AND THAT'S THE PART, THAT CORNER IS WHERE IT'S LESS THAN A HUNDRED FEET FROM OUR HOME.
UM, TO OUR KNOWLEDGE OR TO MY KNOWLEDGE.
'CAUSE I'M HEARING IT SECONDHAND.
MY WIFE CAN EXPAND, EXPOUND ON THIS, UH, DISCUSSION SHE HAD WITH THE PREVIOUS OWNER, DAVE MARCUS MM-HMM
YEAH, THAT, UH, WHEN HE SOLD TO, UH, MS. GREENFIELD, IT WAS HER INTENT TO USE IT FOR PERSONAL USE, UM, WHICH SHE AGREED TO.
AND THEM BEING GOOD FRIENDS WITH MY WIFE AND HER LATE HUSBAND, UH, HE CONVEYED THAT TO THEM FEELING GOOD THAT HE WASN'T SELLING THE PROPERTY TO SOMEBODY WHO'S GONNA USE IT FOR SHORT TERM RENTALS.
UM, 2 0 9, SINCE IT WAS PURCHASED LAST YEAR, UH, THE YARD HAS JUST GONE TO SEED.
IT'S OVERGROWN, NO MAINTENANCE HAS BEEN DONE, AND ALL THE SAPLINGS, THEY'RE GROWING UP TOWARD THE DRIVEWAY CREATED A REALLY BAD BLIND SPOT THERE FOR ANYONE GOING IN AND OUT OF THERE.
I TOOK SOME PICTURES OF THAT TODAY, BUT, UH, I DON'T KNOW IF I NEED TO SUBMIT THOSE OR NOT.
MY WIFE WOULD LIKE TO ADD TO, UH, THAT LAST POINT.
UM, HAS SHE, HAS SHE SIGNED UP? YES.
NO, I DIDN'T PUT MY NAME DOWN THEN YOU NEED TO WAIT UNTIL EVERYBODY'S SIGNED UP.
[00:35:01]
5 3 7 BY FROST WAY IN LINDEN HAPPY CREEK.UH, THE BOARD UNDER PRESIDENT OF SCOTT LAND COMMUNITY CORPORATION.
THE BOARD OF DIRECTORS OF THIS CORPORATION, HAS DECLINED TO ENDORSE THIS REAPPLICATION.
IT DOESN'T MEET THE FIRST TWO OF OUR GUIDELINES THAT HAVE BEEN PRESENTED TO THE APPLICANT THAT PROHIBIT CORPORATE OWNERSHIP AND REQUIRES OWNER OCCUPATION.
WHILE WE, WE RECOGNIZED THE EFFORTS OF THE APPLICANT TO REDUCE THE CAPACITY OF THE PROPERTY BY TWO, UH, WHICH STILL LU CHASE IS A VERY NARROW ROAD AND THE HOUSE IS ON THE EDGE OF A STEEP HILL, AND IT'S GONNA REQUIRE CARS TO BACK INTO THE ROAD, YOU KNOW, IN ORDER TO LEAVE THE PROPERTY, UH, AND PROPOSE TO INSTALL A FENCE OR A SHRUB AS A BUFFER, WHICH WILL NOT ABATE NOISE.
THE FACT REMAINS THAT THE PROPOSED RENTAL IS ONLY 47 FEET FROM THE NEAREST NEIGHBOR, EVEN THOUGH SHE'S OBTAINED A LETTER OF ENDORSEMENT FROM THIS NEIGHBOR, IT SHOULD BE NOTED THAT HE ONLY PURCHASED THE PROPERTY SIX WITHIN THE LAST SIX MONTHS AND HAS NEVER RESIDED THERE.
THE 100 FOOT SEPARATION WAS AMENDED INTO THE CODE JUST A COUPLE OF YEARS AGO.
IF YOU'RE WILLING TO WAIVE THIS REQUIREMENT, IT WILL ESTABLISH A PRECEDENT THAT WILL POTENTIALLY AFFECT EVERY PROPERTY IN OUR SUBDIVISION.
NO HOMEOWNER WILL BE SAFE FROM OVERDEVELOPMENT.
SKYLAND ESTATES WAS ESTABLISHED IN 1954 AND WAS ORIGINALLY DIVIDED INTO MANY SMALL NARROW LOTS AND USES SUCH AS THIS WERE NOT ANTICIPATED.
AND FRANKLY, A LOT OF THEM ARE NOT APPROPRIATE FOR THIS USE.
IN A PREVIOUS HEARING, PREVIOUS HEARING ON THIS MATTER, MR. HENRY STATED THAT HE WAS UNWILLING TO APPROVE IT UNLESS THE ENDORSEMENT OF BOTH OF THESE NEIGHBORS WAS OBTAINED.
AND THIS HAS NOT OCCURRED, I RESPECTFULLY REQUEST THE COMMISSION TO DISAPPROVE THIS APPLICATION.
HELLO, MY NAME IS JOSIE, UH, TWO 60 BROOK AND LEE DRIVE, GORE, VIRGINIA.
WE OFTEN BOOK WITH GILLIAN AND RICHARD'S AIRBNB FOR QUIET GETAWAYS.
WE APPRECIATE HAVING A PEACEFUL PLACE WITH A NICE VIEW WHERE WE CAN RELAX AWAY FROM CROWDS.
WE ALWAYS MAKE SURE TO RESPECT THE HOST RULES AND WE VALUE BEING GOOD GUESTS AND THAT TO LOSE OUR PRIVILEGE PRIVILEGES TO USE THE PLATFORM.
WE DECIDED TO COME TONIGHT BECAUSE WE FOUND THAT A BIT UNFAIR, THAT THERE'S A COMMON ASSUMPTION THAT ALL AIRBNB GUESTS ARE LOOKING TO HOST LOUD PARTIES LIKE MANY OTHERS.
WE SIMPLY DESIRE A PLACE TO DECOMPRESS AND ENJOY THE PEACE.
I'M THE OWNER OF 180 9 LU CHASE.
UM, YES, MY HOUSE IS 46 FEET FROM THEIR HOUSE.
UM, BUT I'M SHOWING UP HERE TONIGHT TO SHOW MY FULL SUPPORT FOR JILLIAN AND HER SHORT TERM RENTAL.
UM, I'VE READ HER RULES AND REGULATIONS AND I HAVE NO, UH, PROBLEMS WITH ANY OF IT.
IT SEEMS LIKE A TIGHTLY RUN OPERATION OVER THERE.
AND, UH, YEAH, I, UH, TO ANSWER KIND OF THE QUESTION THAT THE PRESIDENT BROUGHT UP, UM, I DO PLAN ON LIVING THERE PROBABLY END OF SUMMER, FALL.
SO THAT'S IT ALL, THAT'S ALL I HAVE TO SAY.
HI, MY NAME'S ANNA WILT, 3 0 5 WEST WHITLOCK, WINCHESTER, VIRGINIA.
UM, GILLIAN AND RICHARD ASKED IF I WOULD SHARE SOME REASONS WHY.
UH, I'VE BOOKED THEIR AIRBNBS, UM, PARTICULARLY, PARTICULARLY SINCE I'VE BEEN A GUEST AT THEIR PROPERTIES, UM, MANY TIMES, AND I HAVE THEM RECOMMENDED THEM TO MY FAMILY.
UM, MY BOYFRIEND, MY FAMILY, AND I CHOOSE AIRBNB FOR THE PEACES AND QUIETED OFFERS, ALLOWING US TO HAVE OUR OWN SPACE.
[00:40:01]
COMMON MISCONCEPTION ABOUT AMONG THESE, AMONG THOSE UNFAMILIAR WITH AIRBNB THAT GUESTS ARE PRIMARILY LOOKING TO HOST PARTIES OR ARE BAD PEOPLE, WHICH IS SIMPLY NOT THE CASE FOR MOST OF US.LIKE MANY OTHERS, WE USE AIRBNB FOR GETAWAYS THAT INVOLVE QUIET CELEBRATIONS SUCH AS ANNIVERSARIES, BIRTHDAYS, OR ROMANTIC WEEKENDS.
I HAVE NEVER HOSTED A PARTY, NOR HAVE I EVER INTENDED TO DISTURB THOSE AROUND THE PROPERTY.
I AM A CONSIDERATE GUEST WHO RESPECTS THE PROPERTY AND THE NEIGHBORHOOD.
I BELIEVE MOST GUESTS ARE SIMILAR, GENERALLY KEEPING TO THEMSELVES AND BEING RESPECTFUL DURING THEIR STAYS.
NOW, DOES ANYONE WISH TO SPEAK? WHO DID NOT SIGN UP? I'M BARBARA DEVO.
I'M NEXT DOOR TO, UM, MRS. GOOD PHIL'S GREENFIELD'S PROPERTY.
UH, I'VE LIVED THERE FOR, UH, 32 YEARS.
I ALSO OWN 2 5 9 LOU CHASE, WHICH IS I HAVE A, AS A AIRBNB.
I'VE, SINCE 2017, MY NEIGHBORS WERE DAVE AND JAN MARCO, WHOSE CABIN THEY INHERITED FROM JAN'S FATHER, MRS. GREENFIELD, OVER A FOUR YEAR PERIOD PERSUADED DAVE MARCO TO SELL HER HIS CABIN FOR HER PERSONAL USE, CLAIMING THAT SHE HAD ALWAYS LONGED FOR A MOUNTAINTOP CABIN WITH BREATHTAKING PANORAMIC VIEWS.
MRS. GREENFIELD ALSO CONVINCED HIM THAT BY SELLING THE CABIN TO HER, A REALTOR WHO WOULD AVOID INVOLVEMENT OF OTHER REALTORS.
CONSEQUENTLY, HE DIDN'T HAVE PROFESSIONAL.
TO SAFEGUARD HIS INTEREST, MRS. GREENFIELD ACQUIRED THE CABIN FOR ABOUT 30,000 LESS THAN BELOW THE ASSESSED VALUE.
CURRENTLY SHE'S ATTEMPTING TO PERSUADE YOU TO DISCARD THE REGULATIONS THAT YOU HAVE VOTED IN PLACE.
DAVID MARCO WAS DECEIVED INTO BELIEVING THAT GIL, UH, MRS. GREENFIELD'S INTENTIONS WERE NOT COMMERCIAL.
ANOTHER, IN INSTANCE OF HER LACK OF INTEGRITY IS THAT SHE'S BEEN RENOVATING WITH NEW CONSTRUCTION THE CABIN FOR SEVERAL MONTHS WITHOUT OBTAINING A BUILDING PERMIT.
MY HOME IS LESS THAN A HUNDRED FEET AWAY.
ANYONE ELSE? HELLO, MY NAME IS AARON MILLS.
I HAVE A PROPERTY AT, UH, 1 0 8 5 RIVERVIEW SHORES DRIVE.
UH, SO JILLIAN AND, AND RICHARD, THE OTHER PROPERTY ON BOTH SIDES OF MY, OF MY HOME, UH, I'VE OWNED IT FOR 23 YEARS.
UM, THEY'VE BEEN NOTHING BUT GOOD.
UM, FROM, FROM MY PERSPECTIVE.
THEY, UH, THEY UPKEEP THE PROPERTY REALLY NICE.
THEY'VE RENOVATED EVERYTHING AND I'VE HAD, I'VE NEVER HAD ANY PROBLEMS WITH, WITH, UH, ANY OF THEIR GUESTS, UH, AROUND MY PROPERTY.
UM, SO I, I DEFINITELY AM, AM WITH THEM, UH, UH, WITH THIS SITUATION.
1423 GRAYSTONE TERRACE IN WINCHESTER.
UM, WE PUT SO MUCH MONEY, TIME, AND EFFORT INTO THESE SHORT TERM RENTALS.
WE WOULD NEVER ALLOW THEM TO GET DESTROYED BY A GUEST.
BETTER YET CAUSE TROUBLE AT OUR NEIGHBORS WHO COULD GET OUR PERMIT TAKEN AWAY.
WE UNDERSTAND THE IMPORTANCE OF BEING GOOD NEIGHBORS AND WOULD NEVER INTENTIONALLY JEOPARDIZE OUR PERMIT OR CAUSE DISTURBANCES.
OUR NEIGHBOR OF 95 FEET AWAY SHE SAYS HAS HER OWN SHORT-TERM RENTAL.
SHE OBVIOUSLY HAS NO PROBLEM WITH THEM OR LIVING NEXT TO ONE, WHICH WE'VE HEARD IS 40 FEET FROM HER HOUSE ON THE SAME ROAD.
THAT BEST EVIDENCE, THAT'S THE BEST EVIDENCE YOU CAN HAVE.
ALSO, WE ARE 95 FEET FROM OUR PORCH TO HER HOUSE.
WE ARE 106 FEET FROM HOUSE TO HOUSE.
WE ARE STILL OFFERING TO DO SCREENING WITH REDUCED, UH, WE'VE REDUCED OUR OCCUPANCY TO FOUR PEOPLE AND MADE ALL THE CHANGES TO OUR MANAGEMENT PLAN TO MITIGATE THE CONCERNS OF THE NEIGHBORS.
WE BELIEVE THE EXISTING A HUNDRED FOOT RULE IS IN PLACE TO ENSURE FAIRNESS AND SHOULD NOT BE USED TO PREVENT COMPETITION.
OUR APPROV OUR PERMIT, WOULD ALIGN WITH THIS PRINCIPLE OF TREATING ALL APPLICANTS FAIRLY.
UM, ONE OTHER THING I WOULD ADD.
THIS ISN'T WHAT I WANT TO DO, BUT IF THE BOARD DOESN'T FEEL
[00:45:01]
WE'VE GIVEN ENOUGH EVIDENCE WHY WE SHOULD GET A RECOMMENDATION TO A MOTION TO APPROVE, I'M GOING TO ASK THAT YOU TABLE THIS APPLICATION AND I'LL CUT FIVE FEET OFF THE PORCH SO THAT WE WILL NOT NEED A VARIANCE FOR THAT SIDE.ANYONE ELSE? I ANYONE, SIR, HAVE YOU'VE ALREADY BEEN UP ONCE PUBLIC A CHANCE TO RESPOND TO THIS? NO, SIR.
ANYONE ELSE? PUBLIC HEARING IS CLOSED.
WELL, SINCE STAFF HAS, AT MY REQUEST, I ASKED CHANCE CHASE TO ACTUALLY LOOK INTO THAT.
THAT IS A, UH, THE NEIGHBOR DOES HAVE THE, UH, A SHORT TERM RENTAL.
SO IT'S, AND THAT, THAT IS ALSO SET.
UH, IT'S GOT A CUP FOR SETBACK.
SO I DO FEEL THAT, UH, THEY DON'T HAVE A RIGHT TO NOT APPROVE BECAUSE THEY GET THE SAME TREATMENT THAT, THAT GILLIAN'S ASKING HERE.
I I, I'LL BE HONEST WITH YOU, NO, I COULD HAVE NEVER HAVE DREAMT THIS SCENARIO UP WHEN WE WERE DOING THESE REGULATIONS TO WHERE, YOU KNOW, YOU HAVE A HOUSE THAT'S APPLYING ONE GUY'S WAY TOO CLOSE, BUT HE'S OKAY WITH IT.
GUY ON THE OTHER SIDE'S A LITTLE BIT TOO CLOSE.
BUT THEN HE HAS ONE ON THE OTHER SIDE, THE SHORT TERM TERRA RENTAL THAT IS TOO CLOSE AND WAS WAGE.
I I WOULD'VE NEVER, WHEN WE WERE DOING REGULATIONS, I COULD HAVE NEVER GOT ENOUGH CHESS PIECES ON THE BOARD TO COME UP WITH THIS SCENARIO.
I, I'LL JUST MENTION IF I REMEMBER CORRECT CORRECTLY, 'CAUSE I, I DID TAKE MRS. ADE'S APPLICATION THROUGH THE PROCESS.
I THINK THE PLANNING COMMISSION BOARD FELT COMFORTABLE WITH THAT BECAUSE SHE LIVED NEXT DOOR MM-HMM
AND THE HOUSE WAS BEING MANAGED BY HER AT THE TIME.
AND, AND THAT, I'M NOT SAYING THAT IS THE SOLE REASON, BUT I CAN SAY THAT THAT WAS PROBABLY PART OF THE REASON.
UM, AND THAT'S ALL I'LL, I'LL MENTION ABOUT THAT.
UM, YOU KNOW, I WILL ALSO MENTION THAT MANY OF THESE HOMES, BOTH IN SKYLAND ESTATES, SHORES, SKYLAND, SHEEL FARMS, THEY'RE NON-CONFORMING HOMES.
THEY WERE BUILT IN THE MM-HMM.
THEY MAY NOT MEET THE SETBACK REQUIREMENTS THAT WE HAVE TODAY.
UM, PROBABLY THE INTENT BACK THEN MAY HAVE BEEN MORE FOR, YOU KNOW, A WEEKEND GETAWAY TYPE THING.
I MEAN, THIS IS A VERY SMALL STRUCTURE.
UM, AND MANY OF THESE STRUCTURES, ESPECIALLY LIKE ALONG THE RIVER, ARE VERY SIMILAR.
AND, UM, THEY DON'T MEET THE SETBACKS TO AN ADJACENT STRUCTURE.
SO IT'S A BIT OF A CHALLENGE IN, IN LOOKING AT THAT WHEN THEY DON'T MEET A ZONING SETBACK AND THEN APPLYING THE A HUNDRED FOOT SETBACK FOR A SUPPLEMENTAL REGULATION FOR, UH, SHORT-TERM TOURIST RENTALS.
SO AGAIN, JUST A LITTLE BIT OF THE HISTORY OF, OF BOTH OF THOSE FOLKS IN THE, IN DOING SHORT-TERM TOURIST FILES.
I, I, I'M, I'M, I'M OKAY WITH IT FOR FIVE FEET MM-HMM
I, I THINK GIVEN THE CIRCUMSTANCES I AM AS WELL.
SO IS ANYONE PREPARED FOR A MOTION? MR. CHAIRMAN? I MOVE THAT THE PLANNING COMMISSION FOR THE APPLICATION TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION OF APPROVAL FOR CUP 2025 DASH ZERO FOUR DASH ZERO THREE FOR SHORT TERM RENTAL WITH THE CONDITIONS RECOMMENDED BY STAFF.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
OPPOSED? AYES HAVE, IT WILL BE FORWARDED ONTO THE BOARD.
THAT'S IT FOR OUR PUBLIC HEARINGS.
[VIII.A. CUP2025-02-02 - Campground - Carl & Jennifer Ey - A request for a conditional use permit for a campground. The properties are located at 1406 Panhandle Road, (0) Panhandle Road, (0) Panhandle Road, 1408 Panhandle Road and 1090 Panhandle Road and are identified on tax map 35 as lots 5-1, 5- 2, 5-3, 5B-1, and 10A. The properties are zoned Agricultural (A) and are located in the South River Magisterial District. - Chase Lenz, Zoning Administrator]
NEXT ITEM, OLD BUSINESS CUP 20 25 0 2 0 2 CAMPGROUND.CARL AND JENNIFER, A REQUEST FOR CONDITIONAL USE PERMIT FOR CAMPGROUND PROPERTIES ARE LOCATED AT 1406 PANHANDLE ROAD, ZERO, PANHANDLE ROAD, ZERO PANHANDLE ROAD, AND 1408 PANHANDLE ROAD AND 10 90 PANHANDLE ROAD.
AND ARE IDENTIFIED ON TAX MAP 35 AS LOTS FIVE DASH ONE FIVE DASH TWO FIVE DASH THREE FIVE B DASH ONE, AND 10 A.
PROPERTIES ARE ZONED AGRICULTURAL LOCATED IN THE SOUTH RIVER MAGISTERIAL DISTRICT.
[00:50:01]
HELD THEIR PUBLIC HEARING FOR THIS ITEM.AT LAST MONTH'S MEETING, UH, A MOTION WAS PASSED TO TABLE THE ITEM FOR THE APPLICANT TO GET SOME CLARIFICATION FROM VDOT ON THEIR ENTRANCE REQUIREMENTS AND TO, UH, CONSIDER LOWERING THE TOTAL NUMBER OF CAMPING UNITS REQUESTED WITHIN THE CAMPGROUND.
SINCE THAT TIME, UH, MR. I HAS WORKED WITH VDOT TO SUBMIT AN ENTRANCE PLAN.
UM, SO HE IS GOT THAT PROCESS UNDERWAY, HE'S AWARE OF, OF, UH, THE IMPROVEMENTS THAT, UH, MAY BE NEEDED FOR THE, THE ENTRANCE TO THE CAMPGROUND.
AND, UH, AT THIS POINT, MR. I HAS REQUESTED TO STRIKE THE, UH, REQUEST FOR A WAIVER TO, TO THE 100 CAMPSITE LIMIT FOR CAMPGROUNDS.
AND SO, UH, THE REQUEST IS ESSENTIALLY GOING FROM A 200 CAMPING UNIT, UH, CAMPGROUND TO A 100 CAMPING UNIT CAMPGROUND WITH THE STANDARD, UH, RESTRICTION.
AND IT WOULD BE UP TO YOU AND THE BOARD OF SUPERVISORS TO GREATER RESTRICT THAT BY ADDING A CONDITION.
UH, OTHER THAN THAT, THE APPLICANT IS HERE THIS EVENING.
WE ALREADY HELD OUR PUBLIC HEARING LAST MONTH, AND HE DOES HAVE A FEW SLIDES THAT HE WANTED TO GO OVER WITH YOU GUYS, SOME ADDITIONAL INFORMATION.
UH, SO I WILL PASS TO MR. IYE.
I, I'M 14 0 6, 14 0 8, AND 10 90 PANHANDLE ROAD WITH MY WIFE JENNIFER.
THIS IS THE AGENDA SLIDE I WILL SHARE WITH YOU THAT, UM, THE ONLY THING I WANNA SHOW YOU HERE IS A PICTURE OF THE WASHINGTONIAN MAGAZINE WE BOUGHT IN 2020.
BY 2022, WE WERE RANKED NUMBER SEVEN IN THE STATE FOR SHORT-TERM TOURIST RENTALS BY THIS ORGANIZATION.
WE TAKE A LOT OF TIME AND MAKE SURE WE RENT TO THE RIGHT PEOPLE AND WE VET THEM VERY, VERY WELL, IN MY OPINION.
SO WE'RE PRETTY PROUD OF THAT.
ON THIS PARTICULAR ONE, I'LL LET YOU READ THAT SLIDE AS WELL.
MY CONCERN WITH THIS ONE IS PROBABLY 0.2.
I'VE, I'VE NOTICED SINCE, UM, WE'VE MOVED OUT HERE FROM THE BRIDGE TO THE CORNER OF MY LOT, THERE'S BEEN AN AWFUL LOT OF PROPERTIES HAVE BEEN SOLD.
BUT, AND I'M NOT QUITE SURE THAT THEY, THE REALTORS THAT SELL SELDOM ARE NOT NECESSARILY LOCAL.
MY, MY, MY REALTOR'S LOCAL, WE TALK ABOUT IT QUITE A BIT AND I'M NOT SURE ALL THE PEOPLE WHO BUY UNDERSTAND EVERYTHING THAT'S GOING ON OUT HERE, LIKE THE WEDDING CUP VENUE THAT WE HAVE AND SOME OF THE OTHER THINGS THAT HAPPENED WITHIN THE COUNTY.
SO FOR THE RECORD, PRIOR TO THE LAST MEETING, MY WIFE AND I SENT OUT AN EMAIL TO THE HOA THAT SURROUNDS US.
WE ARE NOT IN THE HOA AND, UH, WE WERE EXCEPTIONALLY TRANSPARENT ABOUT WANTING TO EARN SOME EXTRA INCOME, BUT ALSO SECURING OUR PROPERTY WITH MORE EYES ON.
ORIGINALLY WE WERE LOOKING TO PUT A FEW CABINS OVER THE NEXT FEW YEARS, BUT THE RIVERFRONT IS BUSY WITH VISITORS THAT WE DON'T KNOW ABOUT UNTIL WE SEE THEIR TENTS.
HUNTING BLINDS AND ACTIVITIES ON THE MULTIPLE GAME CAMERAS WE HAVE OUT THERE.
I FISHED THREE PUMP TETS OUT PUMP TETS OUT OF THE, UH, RIVER MYSELF WHEN I FIRST BOUGHT THE SECOND PROPERTY.
SO WE'RE DOWN THERE CLEANING, LOOKING AT IT, WONDERING WHO'S ON MY PROPERTY.
AND THEN I SEE THE GAME CAMERA THAT JUST SHOCKS THE HECK OUTTA ME.
SO BY PUTTING THESE DOWN CLOSER TO THE RIVER, WE GET SOME EYES ON, SO TO SPEAK.
THE PURPOSE OF THIS SLIDE, I'LL LET YOU READ THAT AS WELL, IS THAT YOU LOOK AT THOSE RVS THERE, THEY'RE DIFFERENT CLASSES.
SO AS OPPOSED TO FIGHTING THE WHOLE THING, I SAID, YOU KNOW WHAT, NO RV'S ON THE FRONT RIVER FRONT UNLESS I OWN 'EM.
AND JUST SO YOU KNOW, THAT CABIN IN THE BOTTOM RIGHT HAND CORNER, THAT IS AN RV, IT'S ON A TRAILER, UH, IT'S 399 SQUARE FEET AND SLEEPS TWO PEOPLE.
THAT'S WHAT I WANNA PUT DOWN THERE ON THE RIVER SO I CAN PULL IT OUT.
BUT AGAIN, JOHN MADDEN'S RV ISN'T GOING DOWN THERE AND NEITHER IS THAT TRAVEL TRAILER, BUT THOSE ARE ALL THE SAME ACCORDING IN THE COUNTY.
THIS ONE KIND OF GIVES YOU A LAYOUT WHAT'S GOING ON DOWN THERE.
THAT BLUE CIRCLE IS THE GATE THAT I'VE COMPLIED WITH.
VDOT, WHICH WAS NOT EASY TO DO.
THE ENGINEER CAME UP WITH A PLAN.
THEY'RE WORKING WITH THE VDOT TO MAKE SURE THAT THE EN THE ENTRANCES IS GOOD ENOUGH TO, TO GET IN AND OUT.
HAS NOTHING TO DO WITH COMMERCIAL, HAS NOTHING TO DO WITH THE SIZE OF IT.
THE ENTRANCE IS GONNA BE FINE.
AND WE WOULD COMPLIANT WITH VDOT, THE RED SQUARE, NO GRAVEL, IT'S JUST GONNA BE A FENCED IN AREA FOR PEOPLE TO PARK THEIR VEHICLE AS THEY HEAD TO THE PRIMITIVE CAMPSITE AND NOT GONNA DRIVE UP NONE OF THAT RIVER.
I'M TRYING TO CONTROL IT AND I HAVE VERY LITTLE CONTROL OVER IT RIGHT NOW.
AND THE YELLOW AIRS YOU SEE THERE IS KIND OF WHERE WE WANNA PUT THOSE PARTICULAR CAMPSITES.
WE'LL START WITH 10 INITIALLY, BUT WE WANT TO GO TO A HUNDRED EVENTUALLY JUST BECAUSE THERE'S A LOT OF IN AND OUT COMING BACK AND FORTH TO GET THIS.
AND THAT'S WHAT THE COUNTY REGULATION SHOWCASE IS.
THIS PARTICULAR SLIDE HERE SHOWS A PICTURE OF MY GATE THAT WE ALREADY WORKED ON.
THAT ACCESS ROAD, I'VE, I'VE REBUILT, COST ME $26,000 TO DO THAT.
AND AROUND ONE OF THE PROPERTIES DOWN THERE THAT WE HAVE COST ME 5,000 TO CLEAR IT OUT.
LO AND BEHOLD, I SAW SOME PEOPLE DOWN THERE ONE DAY ON THE GAME CAMERA, JUST LIKE PULLING WHEELIES, HAD A PICKUP TRUCK, COVERED THE MUD, AND THEN BROUGHT A COMMERCIAL TRAILER DOWN THERE WITH A BOBCAT TO PULL THE, THE PICKUP TRUCK OUT.
AND I'M GOING, WHAT'S GOING ON? SO AGAIN, TRYING TO CONTROL IT.
WANNA PUT A GATE THERE, GONNA FENCE IT IN.
YOU JUST CAN'T DRIVE ONTO MY PROPERTY OR ANYBODY ELSE'S PROPERTY TO OTHER PEOPLE IN THE NEIGHBORHOOD.
AND THE FACT THAT WE DON'T KNOW WHO'S COMING, VISITORS LEFT AND RIGHT.
[00:55:01]
THAT SLIDE.YOU CAN READ THE, UH, THE COMMENTS THERE ABOUT WORKING WITH THE VO.
CAN YOU HELP ME OUT? BACK IT UP.
ALRIGHT, THIS IS THE CONCLUSION.
WELL, YEAH, THIS IS THE CONCLUSION.
GENERALLY SPEAKING, THAT GRAY RAINBOW ARROW THERE IS WHERE WE KIND OF WANNA PUT SOME OF THESE PRIMITIVE CAMPSITES AND, UH, A COUPLE OF THOSE SMALLER, UH, TINY HOMES.
HAVING SAID THAT, TINY HOMES ARE NOT CHEAP.
I'M NOT LOOKING TO LITTER THE THE RIVERFRONT WITH IT, BUT I GOTTA TELL YOU, THAT'S WHERE IT HAPPENS.
PEOPLE GO TUBING DOWN OUR RIVER, JUMP ON THE SIDE OF MY PARTICULAR PROPERTY.
LIKE I SAID, I'M FINDING DEER BLINDS IN ORDER TO CONTROL MY PROPERTY.
MY PROPERTY MANAGER DOES A GOOD JOB.
HER HUSBAND SAID, CAN I HUNT THERE? I SAID, YOU KNOW WHAT? YOUR WIFE KNOWS WHEN MY PROPERTY'S RENTED.
FIRST TIME HE WENT OUT THERE, HE TEXT ME AND HE GOES, WHO ELSE IS HUNTING THERE? I SAID, YOU, I DIDN'T GIVE ANYBODY ELSE PERMISSION.
HE GOES, THERE'S SEVEN DEER BLINDS OUT HERE.
AND THIS IS WHAT'S GOING ON IN THE RIVER.
UM, ADDITIONALLY, I WANTED TO SHOWCASE ON THIS SLIDE THAT IF YOU LOOK AT THE LEFT HAND SIDE, I'M BUYING LOCALLY.
I'M USING LOCAL PERSONS, LOCAL ENGINEERS.
I, AND WE'RE SPENDING MONEY TO MAKE IT WORK, FRANKLY, FOR THE COUNTY TO UNDERSTAND THIS.
I'M THE DEVIL, YOU KNOW, I'M TRYING TO PLAY BY THE RULES.
23 YEARS IN THE MILITARY, WE HAD MORE FUEL MANUALS AND REGULATIONS TO SHAKE A STICK AT.
I HAVE TO TELL YOU, IF I DIDN'T HAVE MATT AND CHASE TO HELP ME GET TO THE WARREN COUNTY REGULATIONS, I'D STILL BE CONFUSED.
BUT HAVING SAID THAT, WHERE I'M AT HERE IS I'M TRYING TO PLAY BY THE RULES, BUT I WANNA CONTROL MY PROPERTY.
NOT THAT I NEED A LOT OF HELP FROM THE NEIGHBORS, ALTHOUGH THEY'RE GOOD ABOUT IT, THEY CALL ONCE IN A WHILE.
WE'VE HAD NO INCIDENCES THAT EITHER ONE OF MY RENTALS ARE OUT THERE CURRENTLY, NOT ONE.
UM, WE CALLED THE SHERIFF ONE TIME AND IT DIDN'T TURN OUT TO BE AN INCIDENT AT ALL.
I WILL SHARE WITH YOU, I THINK MATT AND SUPERVISORS OF COLOR SHARED THIS WITH ME.
THE PREVIOUS OWNERS ALSO A RETIRED MILITARY PERSON.
I LIKED HIM, BUT I NEVER MET HIM.
I HEARD GOOD THINGS ABOUT HIM.
UM, HE DIDN'T PUT HIS PROPERTY, HE DEVELOPED IT AND DIDN'T PUT HIS PROPERTY IN THE HOA AND HE RETIRED FROM THE PENTAGON LIKE I DID.
AND NEXT THING YOU KNOW, HAD RVS AND PARTIES AND ALL HIS BUDDIES ARE OUT THERE AND HAD A MINI WOODSTOCK OVER 4TH OF JULY MEMORIAL DAY.
I DON'T WANT THAT IN MY PROPERTY.
BUT THOSE ARE OPTIONS LIKE THAT.
AND THE HARDER IT BECOMES TO DEAL WITH SOME OF THE REGULATIONS FROM VDOT, VIRGINIA DEPARTMENT OF HEALTH, THAT KIND OF THING.
I'M NOT PUTTING 'EM DOWN THERE DOING THEIR JOB, BUT NO COST PER PROHIBIT IN SOME CASES.
BUT THE HARDER THAT BECOMES, THERE ARE OPTIONS FOR ME TO DO ON THIS PROPERTY OTHER THAN TRY TO GET GAIN CONSENSUS FROM THIS BOARD.
THE BOARD OF SUPERVISORS TO PLAY BY THE RULES AND CONTROL MY PROPERTY AND KICK PEOPLE OFF.
131 ACRES IS AN AWFUL LOT TO LOOK AT.
WE'VE GOT A TON OF GAME CAMERAS GOT BLINK EVERYWHERE.
I COULD TELL YOU, I HAD SOMEONE WALK UP TO THE PROPERTY, THEY DIDN'T KNOW I HAD BLINK.
AND NEXT THING YOU KNOW, I'M TALKING TO HIM.
AND IF I COULD SHOW YOU THAT VIDEO, HE WOULD HAVE A GREAT TIME WATCHING THAT BECAUSE WATCHING THAT GUY RUN OFF MY PORCH AND ALMOST BREAK HIS TAIL, AND I STILL HAD THAT VIDEO, WATCH HIM ONCE IN A WHILE.
SO, UM, AND MY LAST COMMENT ON THIS BEFORE I SIT DOWN AND SHUT UP OR TAKE QUESTIONS IS MOST PEOPLE WHEN THEY CAN'T SLEEP AT NIGHT ARE WATCHING REPEATS OF, YOU KNOW, LAW AND ORDER.
MY WIFE AND I ARE WATCHING A GAME CLIMBER AT THREE O'CLOCK IN THE MORNING LOOKING AT STUFF GOING ON DOWN THERE.
I HAD THE, MY WIFE WAS HERE LAST MONTH, THE WEEKEND BEFORE SUNDAY MORNING AT ONE 30 IN THE MORNING.
THERE ARE PEOPLE ON MY PROPERTY RUNNING UP AND DOWN WITH ALL KINDS OF CRAZY STUFF.
SO, UH, YEAH, I WANT THE PERMIT.
I WENT FOR A HUNDRED AND I'M GONNA TAKE CARE OF MY PROPERTY AND TAKE CARE OF THE COUNTY.
ANY QUESTIONS? I DO WOULDN'T KNOW.
I GUESS THAT WAS YOUR WIFE HERE LAST TIME? OH, SHE BETTER LOOK AT ME, I THINK, RIGHT? YEAH.
SAY THAT FOR THE RECORD BECAUSE SHE'S WATCHING IT HOME.
OH, SHE WAS TALKING ABOUT A MIX OF EITHER SOME TINY HOME SIZE CAMPERS AND MAYBE SOME PRIMITIVE CAMPSITES.
HAVE YOU GOT SOME MORE DETAILED NUMBER? YOU KNOW, IS IT, ARE YOU, ARE YOU JUST A HUNDRED SITES? THAT COULD BE ANYTHING OR COULD YOU LIKE SAY, HEY, I ONLY WANT FIVE OR 10 MOTOR HOME SITES OR TINY HOME SITES.
HAVE YOU, YOU GOT ANY MORE DETAIL ON THAT? YEP.
THE FIRST 10 WILL COME OUT, WILL BE SIX PRIMITIVE, TWO 10 TINY HOMES.
THEY'LL COST ME ABOUT 80,000 TO A HUNDRED THOUSAND FOR THE TWO OF THEM TOGETHER, NOT EACH.
AND THEN WE MIGHT DO A GLAMPING POT OR TWO TO GET US TO 10.
AND THEN IF THAT MONEY STARTS TO COME IN, WE'LL SLOWLY MOVE DOWN THE RIVER TO CONTROL IT.
I THINK THAT, UH, BY THE TIME SHE GRADUATES FROM COLLEGE AND GETS MARRIED, WE MIGHT HAVE 25 OR 30, UM, DEPENDING ON FUNDS.
MY WIFE'S A GOVERNMENT EMPLOYEE.
AND SO WE'RE DIGGING AND WE'RE MAKING THINGS WORK.
BUT I HAVE TO TELL YOU, WHEN I FIRST LOOKED AT THAT TINY HOME, THE GUY ON THE PHONE WASN'T FROM THIS AREA.
I WAS TALKING TO HIM BY THE TIME HE GOES, HEY, I HAVE TO WORRY ABOUT SEPTIC.
I CALLED VIRGINIA DEPARTMENT OF HEALTH LIKE, NOPE, NO BLADDERS.
SO I'M PUTTING IN A SEPTIC, PUTTING IN A WELL FOR 50,000, SEPTIC FOR ANOTHER 50.
I PUT IT ON THE SLIDE ON THERE.
ONE OF THE AMOUNT OF MONEY WE'RE SPENT THE GATE FROM VDOT.
UNBELIEVABLE WHAT THEY WANNA DO.
AND THE ENGINEERS CALLING ME GOING, I'LL TALK TO 'EM ABOUT THIS, THAT, AND, BUT
[01:00:01]
I'M GONNA COMPLY, UH, IN TERMS OF HOW MANY TREES WE GONNA TAKE DOWN TO SEE UP THE ROAD WHERE NOBODY COMES FROM.I MEAN, WE HAD THREE CARS A DAY UP THERE.
THEY SAID IN ONE OF THE, IN ONE OF THE STUDIES THEY DID FOR THE CONDITIONAL USE PERMIT ON THE WEDDING VENUE, WE'RE GONNA TAKE DOWN TREES.
'CAUSE THAT'S WHAT BEAT OUT WANTS ME TO DO.
AND I SAID, LIKE I SAID, IF I BUY TWO OF THOSE TINY HOMES, THEY'RE NORMALLY ABOUT 70,000 EACH.
THAT PARTICULAR BRAND, I THINK I CAN GET 'EM FOR ABOUT A HUNDRED, 110 BECAUSE I GUESS THEY'RE NOT DOING VERY WELL.
BUT, UH, IT'S ALL ABOUT MONEY.
THE MORE MONEY COMES IN, THE MORE THOSE THINGS THEY'LL BUILD.
AND THE PRIMITIVE ONES ARE EASY, RIGHT? NICE FIRE PIT, NICE, UH, UM, PICNIC TABLE.
AND THEN YOU HAVE TO HAVE THE HOOKUP AND THEY HAVE TO BE ABLE TO USE THE BATHROOM.
UH, AND YOU HAVE TO PUT A, A, A NICE CABIN TOILET AND, AND, UM, SHOWER, COMMUNITY SHOWER DOWN THERE.
SO THAT, AGAIN, THAT'S UNDER 65,000.
SO I'M READING 200 A QUARTER OF A MILLION DOLLARS IN.
SO YEAH, WE'RE, WE'RE DIGGING INTO SOME SAVINGS.
GONNA PUT MY KID TO WORK PRETTY SOON.
SHE CAN SHOVEL, SHE CAN, UH, MOW LAWNS,
THOSE MOBILE, UH, MINI HOMES, THEY'RE, THEY'RE A PICKUP TRUCK.
THEY, THEY, THEY MOVE IN OUT BY PICKUP TRUCK.
I'VE GOT A THREE CAR GARAGE WITH ALL KINDS OF UTVS AND ATVS UP THE HILL.
THAT 1406 IS QUITE A LARGE PROPERTY.
SO, UM, AND THE PROPERTY MANAGER THAT I HAVE, HE'S A, HE'S A NATIONAL GUARD SOLDIER.
I'M RETIRED, A SOLDIER MYSELF.
UM, HE HAS ACCESS TO GET DOWN THERE AND, UH, PULL THEM OUT WITH THE PICKUP TRUCK AND THE, UH, UTVS, THEY CAN ALL BE PULLED PRETTY EASILY.
NOT THAT HEAVY IN THE OH, REALLY? OKAY.
THE PRI THE PRIMITIVE CAMPSITES.
THEY'RE GONNA, YEAH, THEY'RE NOT GONNA COLLAPSE THE TENT AND GO.
AND THE GLAMPING PODS ARE FIXED, UH, ON A, ON A PLATFORM.
BUT, UH, YOU KNOW, I'M SURE THERE'LL BE SOME DAMAGE IF THERE'S A BIG STORM OUT THERE.
DID THAT FLOOD OVER THE WEEK? THIS PAST? I WAS JUST THERE YESTERDAY.
THE RIVER'S, THE RIVER'S SUPER HIGH AND IT'S MOVING PRETTY QUICKLY.
IT'D BE GOOD, GOOD, GOOD DAY TO GO.
NO, DID HOW FAR UP ON YOUR PROPERTY DID IT GO? NO, NOT IT'S, IT'S WHAT IT DIDN'T IT RIGHT WHERE THAT LINE IS.
I'M NOT BACK IN THE FLOODPLAIN.
MY FEET DIDN'T GET WET WHEN I WALKED THROUGH THE AREA THAT WE, THE, UH, AG AREA.
I HATE WHEN I PUSHED THE WRONG BUTTON HERE.
I THINK MR. I COULD PROBABLY DIRECTLY ADDRESS THAT.
I SAW THE INITIAL PLAN THAT WAS SUBMITTED TO VDOT AND VDOT DID GET BACK WITH A ROUND OF COMMENTS.
SO IT HASN'T BEEN FULLY APPROVED OR ANYTHING, IF THAT'S WHAT YOU'RE ASKING.
SO HE'S STILL WORKING ON THAT, BUT HE'S INDICATED THAT HE WOULD'VE COMPLY.
WELL, HE IS GONNA HAVE TO OBVIOUSLY TO GET THE, UH, THE PERMIT.
I MOVED THE PLANNING COMMISSION FORWARD THE APPLICATION TO THE BOARD OF SUPERVISORS.
THERE'S A BUNCH OF PEOPLE WHO HAVE, WHO WANT TALK.
WE, WE CLOSED THE PUBLIC HEARING, THIS HEARING.
WE HAD A PUBLIC HEARING LAST MONTH.
AND WE, AND PUBLIC HEARING'S BEEN HAD AND CLOSED.
AND, AND THE PUBLIC PRESENTATIONS PERIOD EARLIER IN THIS MEETING, WHY WAS, UH, CHERYL COLORS TAKING EMAILS OVER THE LAST MONTH? UH, THE BOARD OF SUPERVISORS HAVE NOT HAD THEIR PUBLIC HEARING YET.
SO ARE YOU SAYING THERE'S NOTHING WE CAN DO BECAUSE WE WEREN'T HERE LAST MONTH? I'M SAYING OUR PUBLIC HEARING IS CLOSED.
YOU CAN'T ATTEND THE PUBLIC HEARING WHEN THE BOARD OF SUPERVISORS HAS THEIRS.
THEY'LL HAVE AN ADDITIONAL PUBLIC HEARING.
WE'RE AN ADVISORY GROUP FOR THE BOARD OF SUPERVISORS.
WELL, NONE OF THE NEIGHBORS WANT THIS.
LEMME JUST, WELL, THAT'S THAT WE MENTIONED THE BOARD OF SUPERVISORS.
I I HAVE A QUESTION FOR Y'ALL.
SINCE THE APPLICATION WAS REVISED FOR NINE APRIL, UM, PLANNING FOR MEETING, UH, SO WHY DO NOT HAVE PUBLIC COMMENT TO ADDRESS THOSE REVISIONS TO APPLICATION WHEN AN APPLICATION IS REVISED TO BE MORE RESTRICTIVE? WE DO NOT HOLD A, A SECOND PUBLIC HEARING BECAUSE THE, WE ASSUME THAT THE CONCERNS FOR THE PEOPLE WHEN IT WAS A, A MORE EXPANSIVE DEVELOPMENT ARE GONNA BE STILL VALID WHEN IT'S A LESS EXPANSIVE DEVELOPMENT.
[01:05:01]
I, WELL ACTUALLY NOW, BECAUSE THE LAST MEETING, IT WAS A LESS EXPANSIVE, IT WAS SHOWN.HE WENT FROM 200 TO 100 ACTUALLY.
AND THAT'S THIS, I AT THAT SAY THAT THERE'S GONNA BE 10, 10 SITES AND THAT, THAT'S NOT WHAT THEY REALLY EXPECT.
IT'S CHANGED A NUMBER OF TIMES.
CONTINUING ON, SORRY FOR THE CONFUSION, BUT CONTINUING ON, PLEASE CONTINUE, SCOTT, THE BOARD OF SUPERVISORS WITH RECOMMENDATIONS TO APPROVE WITH THE AMENDMENT OF 100 CAMPSITES, UH, CUP 20 25 0 2 0 2 FOR CAMPGROUNDS WITH CONDITIONS RECOMMENDED BY STAFF.
ALL THOSE THE PAPER PLEASE SAY AYE.
OPPOSED? IT'LL BE FORWARDED TO THE BOARD OF SUPERVISORS AND YOU CAN EXPRESS YOUR FRUSTRATIONS AND YOUR COMMENTS THERE.
[IX. Consent Agenda]
ITEM, CONSENT AGENDA AUTHORIZATION TO ADVERTISE.OUR ADOPTION OF OUR AGENDA KINDA ELIMINATED ALL THESE, EXCEPT FOR THE FIRST ONE.
UH, BUT I, I THINK WE MOVED B THROUGH F TO THE END OF OLD TO, TO BE AHEAD OF THE CONSENT AGENDA.
BUT WE DON'T HAVE A, THERE IS NO MORE CONSENT AGENDA, BUT WE STILL MOVED THOSE ITEMS UP.
SO, BUT THOSE NEED TO BE ADVERTISED BEFORE WE CAN DISCUSS 'EM.
THE ONLY ACTION THAT WE'RE SEEKING TODAY IS AUTHORIZATION TO ADVERTISE.
BUT WE CERTAINLY, IF THE CHAIR WANTS TO ENTERTAIN DISCUSSION OF THOSE ITEMS AND COMMENTS, THAT WOULD BE A FAIR GAME.
OBVIOUSLY NOT APPROVING, BUT RIGHT.
JUST DISCUSSING COMMENTS THAT MIGHT CAUSE THE TEXT TO CHANGE.
THEY WOULD HAVE TO RE ADVERTISE IT AGAIN.
SO YOU HAVE, THAT'S WHY I WAS RECOMMENDING THESE FOUR TO BE DISCUSSED TONIGHT.
DO I NEED TO READ THESE OR CAN WE READ AND GO ON OUR OWN? I AGENDA LEGALLY, I PROBABLY SHOULDN'T READ THE DESCRIPTION OR, YEAH, IF YOU WANNA JUST READ WHAT'S IMPORTANT, AS LONG AS, AS LONG AS YOU'RE OKAY READING, UH, THE, THE NUMBER AND THE TITLE, I THINK WE CAN ALL READ THE DESCRIPTION.
ITEM B 22, 0 25 0 5 0 1, UH, Z 2205.
ZONING TEXT AMENDMENTS FOR ACCESSORY DWELLING UNITS.
SO I PUT TOGETHER A RATHER IN DEPTH COVER SHEET, WHICH I THINK I WILL SAVE FOR NEXT MEETING SINCE I THINK WE'RE MOSTLY FIELDING SPECIFIC QUESTIONS AND CONCERNS AHEAD OF TIME.
UH, BUT GENERALLY SPEAKING, WE'RE LOOKING AT A NEW DEFINITION FOR ACCESSORY DWELLING UNIT, WHICH WOULD REPLACE THE GUEST HOUSE USE.
UH, WE'RE LOOKING AT REPLACING THE GUEST HOUSE USE IN THE AGRICULTURAL ZONING DISTRICT AS PERMITTED BY CONDITIONAL USE PERMIT WITH THIS NEW ACCESSORY DWELLING UNIT.
UH, USE IF IT IS DETACHED AND IF IT IS ATTACHED OR WITHIN AN EXISTING SINGLE FAMILY DWELLING, IT WOULD BE PERMITTED BY RIGHT.
AND THEN, UH, ADDITIONALLY THERE WOULD BE A SET OF SUPPLEMENTARY REGULATIONS THAT WOULD APPLY.
UM, WITH THAT, LIKE I SAID, I WILL GO THROUGH THE ENTIRE COVER SHEET NEXT MONTH.
UH, BUT FOR NOW, I WILL JUST FIELD ANY QUESTIONS OR CONCERNS YOU HAVE UPFRONT.
WELL, THE ONE I HAVE IS, UH, THE ACREAGE FOR THE, UH, AUXILIARY UNIT, NOT THE ATTACHMENT, BUT THE, THE SEPARATE UNIT, UH, ACROSS THE STATE.
IT RANGES PER COUNTY, BUT IT SEEMED TO BE, YEAH, THERE WAS A LOT OF COUNTIES OUR SIZE, OUR YEAH.
SO SINCE THIS CANNOT BE USED AS A SHORT TERM RENTAL IN, IN THE REGULATIONS AS IT'S WRITTEN RIGHT NOW, WHY WOULD WE WANT TO KEEP IT AT FIVE ACRES WHEN WE DO HAVE A HOUSING SHORTAGE? AND THIS WOULD BE SOMETHING THAT, AND WHY IS IT NOT A LOWER NUMBER? CORRECT.
SO, YEAH, I KNOW, UH, PART OF IT IS, I'M SORRY, DID YOU HAVE A COMMENT? YEAH, I, I WAS GONNA SAY, I, I THINK FROM THE COMP PLAN DISCUSSION, UM, THAT, THAT, THAT WAS LOWER NUMBER
[01:10:01]
WAS FLOATED AND THERE WAS A LOT OF PUSHBACK ON THAT.WELL, ACTUALLY THE BOARD TOOK THAT NUMBER OUT.
THERE IS NO ACREAGE, UH, DEFINITION IN THERE ANYMORE THAT, THAT WAS WITHIN THE COMP PLAN TO, TO MAKE IT A BROAD AND NOT SPECIFIC.
SO THERE IS FLEXIBILITY IN THIS.
BASICALLY WE WERE JUST GIVEN THIS AS A GUIDE FROM ONE OF THE BOARD MEMBERS.
BUT THE POINT OF TAKING IT OUT WAS SO THAT WHEN WE WERE GOING THROUGH THE TEXT AMENDMENT CREATION, AND THEN WE HAD THE FLEXIBILITY TO ACTUALLY HAVE THE DISCUSSION OF WHAT THE ACREAGE IS.
AND, AND SO I THINK THE COMMENTS FROM THE PUBLIC OR VALID THAT PEOPLE DON'T WANNA SEE A SMALL ACREAGE AS A, AS A BUYRIGHT, I GUESS FOR DETACHED.
BUT I THINK WITH THE TWO ACRES FOR ATTACHED, YOU KNOW, SENSE, YOU STILL HAVE A LOT OF FLEXIBILITY WITH THAT.
AND I THINK THE IDEA THERE IS IT'S A SMALLER LOT.
SO YOU KIND OF KEEP, UM, IT, IT LOOKS MORE LIKE ONE HOUSE.
IT'S, YEAH, IT STILL LOOKS RURAL.
I MEAN, BUT WHEN YOU GO AROUND, UH, SHE TO, UH, GOLF COURSE, THOSE HOMES ARE GENERAL, MOST OF THEM, THEY'RE A COUPLE ARE TWO ACRES, BUT MOST OF 'EM ARE AN ACRE.
AND THAT STILL HAS A RURAL, A RURAL COMMUNITY FEELING.
A LOT
I MEAN, I'M SURE THEY VARY OVER AN ACRE AND TWO BETWEEN AC TWO ACRES, PRIMARILY R ONE MONTHS.
IT'S, OH, OUR CURRENT FAMILY SUBDIVISION, THE SMALLEST LOT IS ACRE AND A HALF, RIGHT? THAT'S CORRECT.
IN THE AGRICULTURAL ZONING DIVISION.
IN THE AGRICULTURAL ZONING, YEAH.
OH, BUT THE SMALL ON REGULAR SUBDIVISION, THE SMALLEST RESIDUAL LOT EGGS, TWO ACRES MM-HMM
SO ARE YOU, ARE YOU THINKING THAT FOR THE ATTACHED WE WOULD GO DOWN TO AN ACRE AND A HALF MINIMUM? NO, ONLY COMFORTABLE WITH THE ON THE ATTACHED.
I MEAN, IT'S JUST ONE BIGGER HOUSE AT THAT POINT.
TO ME, YOU KNOW, IT'D BE LIKE TRYING TO LIMIT THE SQUARE FOOTAGE ON A HOUSE ON A LOT, YOU KNOW, IF IT'S ATTACHED TO ME, IT'S, YOU KNOW, I DON'T, I DON'T WANT CARRY IT.
SO THE DEACH, BECAUSE I, I'M, I'M FEARFUL AT SOME POINT A COUPLE GENERATIONS GO BY, UH, IT'S NOT GONNA BE MARKETED THAT WAY.
YOU KNOW, AT SOME POINT THESE THINGS ARE GONNA HAVE TO BE SPLIT, YOU KNOW, 25 YEARS DOWN THE ROAD.
IT MIGHT, THAT FAMILY WILL BE YEAH.
PROBABLY DECEASED AND MOVED ON.
SO THEY'LL JUST BE TWO INDIVIDUAL HOUSES IF THEY'RE DETACHED.
THAT'S, THAT'S A REALLY GOOD POINT.
AND I'LL JUST BRING THIS UP WITH THE FAMILY SUBDIVISION.
SO AS A, AS AN ACCESSORY DWELLING UNIT, UM, IT COULD BE A SOLUTION FOR A FAMILY TO NOT BE ABLE NOT HAVE TO SUBDIVIDE THE LOT MM-HMM
AND THEN BUY THEM FIVE YEARS OF OWNERSHIP AT WHICH TIME THAT THEY CAN THEN SUBDIVIDE THE LOT AS A FAMILY SUBDIVISION FOR DETACHED FOR A DETACHED HOUSE.
AND, AND THEN RETAIN OWNERSHIP.
THAT FAMILY MEMBER WOULD HAVE TO RETAIN THE OWNERSHIP OF THAT LOT FOR ANOTHER FIVE YEARS.
SO YOU'D HAVE TO, SO IT'S KIND OF A SOLUTION TO NOT HAVING TO DO A SUBDIVISION VARIANCE, WHICH WE, SO YOU'D HAVE TO START OUT WITH A MINIMUM OF THREE AND A HALF ACRES TO COMPLY TO THAT RULE LATER.
YOU GOTTA HAVE AN AC AND A HALF FOR THE, AND THAT'S WHAT WE ORIGINALLY PROPOSED IN THIS.
WE ORIGINALLY CORRECT ME CHASE, IF THAT WAS THE THOUGHT FOR, YEAH, SO THAT WAS OUR ORIGINAL PROPOSAL FOR THE THREE AND A HALF.
AND THEN IT WAS BUMPED UP TO FIVE AFTER SOME DISCUSSION.
I, I THINK THREE AND A HALF IS, WOULD BE THE ABSOLUTELY SMALLEST NUMBER.
AND THEN ANY OF THE STUFF IS SMALLER, THAT'S GONNA PROBABLY R ONE ANYWAY.
WE'RE RURAL RESIDENTIAL IF WE GET INTO THAT, BUT THERE'S STILL A DENSITY REQUIREMENT OF FIVE ACRES FOR THE DENSITY.
SO, YOU KNOW, IT'S A TRADE OFF.
SO I THINK IT'S GOTTA BE THREE AND A HALF AT THE MINIMUM, BUT I'M FINE WITH FIVE.
SO, WELL, THREE, THREE AND A HALF IS, IS BETTER THAN FIVE, YOU KNOW, 'CAUSE IT'S, IF YOU WANT CHANGE IT THREE I I, I MIGHT ASK, I MIGHT JUST BRING THIS UP.
AND ESPECIALLY MR. HENRY, SINCE YOU'RE A SUBJECT MATTER EXPERT ON THIS, IS I THINK ONE OF THE MAJOR CONCERNS IS THAT PROXIMITY OF, UH, WELL TO SEPTIC FOR THESE AND THEN IN THE BUYRIGHT ONES, THEY MAY HAVE TO EXPAND THEIR DRAIN FIELD.
SO AS LONG AS THEY HAVE SUFFICIENT, UH, ACREAGE TO BE ABLE TO DO THAT, UM, YOU KNOW, WE MAY WANT TO MAKE SURE THAT THAT'S AVAILABLE.
[01:15:01]
ON, ON THE, IF IT'S A DETACHED ACCESSORY DWELLING, ARE WE GONNA ALLOW TO EXPAND ONE SEPTIC SYSTEM AND BOTH WELLINGS BEING ONE SEPTIC SYSTEM? OR SHOULD THEY HAVE INDEPENDENT? I THINK THEY OUGHT TO BE INDEPENDENT.I THINK THEY'LL BE INDEPENDENT BECAUSE THEY'RE GONNA BE, I THINK THE HEALTH DEPARTMENT'S PROBABLY GONNA REQUIRE, BECAUSE IF YOU SELL SOONER OR LATER SAYING THINGS HAPPEN IF THEY GET SOLD OFF.
I WOULD SAY I LIKE INDEPENDENT.
WELL, I DO KNOW THAT THAT OH TWO HOUSES, YOU CAN HAVE TWO SEPTICS, BUT THE SEPTICS DON'T HAVE TO BE ON THEIR LOTS.
YOU CAN HAVE BOTH, YOU KNOW, YOU CAN DO AN EASEMENT.
SO THERE IS, THERE IS SOME FLEXIBILITY THERE.
THE HOUSE HERE, WE WANNA SPLIT THE LOT LIKE THIS, BUT THE ONLY PLACE WE GOT FOR DRAIN FIELDS ARE OVER HERE.
SO YOU CAN PUT BOTH DRAIN FIELDS OVER HERE AND HAVE THE HOUSES HERE.
AND IT'D JUST BE AN EASEMENT SITUATION THAT ACTUALLY, NOT BECAUSE OF THIS, BUT IT ACTUALLY HAPPENS ALL OVER THE COUNTY A GOOD BIT.
AND THEY WOULD NEED TO MEET THE A HUNDRED FOOT SETBACK FROM THE WELL, YEP.
SO, SO YOU CAN GET THAT, YOU CAN GET THAT DONE ON THREE AND A HALF.
YOU CAN GET THAT DONE ON THREE AND A HALF.
NOT, NOT EVERY THREE AND A HALF MIGHT NOT WORK OUT THAT WAY, BUT I'D SAY THE MAJORITY OF THEM CAN.
YOU'RE THE, YOU'RE THE SUBJECT MATTER EXPERT.
THERE MEAN EVERYBODY EXPECTATIONS THERE, BUT LIKE AN APPLE MOUNTAIN AND I USED TO LIVE, EVERY LOT HAS A WELL AND A SEPTIC ON AN ACRE.
AND THAT'S, THERE IS A FEWS THAT HAS BEEN A CONCERN WITH SOME OF THE BOARD MEMBERS HAVING THAT DENSITY AND ISSUES WITH, UH, DROUGHTS, UH, PERIODIC DROUGHTS AND, AND IMPACTS ON WELLS AND THAT, THAT TYPE OF DENSITY.
BUT AGAIN, YOU'RE IN AN R ONE SUBDIVISION.
THIS IS GONNA BE FOR AGRICULTURE, IT'S DIFFERENT.
WELL, THERE'S A DIFFERENCE HERE.
SO I CAN, I'M COMFORTABLE EITHER WAY.
IF FIVE'S A SAFER NUMBER FOR DROUGHT OR JUST, UH, DENSITY, I'M FINE WITH THAT.
BUT I THINK MINIMUM'S THREE AND A HALF.
LIKE NO MINIMUM FOR AN ATTACHED AND THREE AND A HALF FOR A DETACHED.
WELL, THEY HAVE, IT'S TWO ACRES IN, IN HERE FOR, YOU GOTTA MEET YOUR SETBACKS TOO.
YOU GOTTA STILL BE WELL, RIGHT.
I MEAN, YOU'VE GOTTA STILL MEET ALL THE MM-HMM
ALL THE OTHER REQUIREMENTS, WHICH YEAH.
I'M JUST TALKING ABOUT THE, THE AUXILIARY UNIT, NOT THE LIVING DWELLING, NOT THE ATTACHMENT.
ARE, ARE WE PUTTING ANY, I DIDN'T READ THIS REAL CLOSE 'CAUSE I KNOW WE WERE DOING IT LIKE ON THE ACCESSORY DWELLING ATTACHED.
IS THERE A, UH, SQUARE FOOT PERCENTAGE PROPORTION TO THE MAIN DWELLING? CAN THEY BE EQUAL OR CAN ONE BE BIGGER OR SMALLER OR? SO I'VE, I LOOKED INTO A BUNCH OF CODES FOR THAT.
UM, A LOT OF JURISDICTIONS JUST SAY IT'S ALLOWED, YOU CAN ONLY HAVE ONE AND THAT'S IT.
YOU KNOW, NONE OF THAT STUFF COMES INTO PLAY.
UM, BUT, UH, A LOT OF THEM DO.
FOR EXAMPLE, FREDERICK COUNTY, I BELIEVE DOES 25% OF THE SQUARE FOOTAGE OF THE HOME, OR 2,500 SQUARE FEET, WHICHEVER IS GREATER, UM, OR LESSER, UH, DEPEND IN SPECIFIC ZONING DISTRICTS.
RIGHT NOW WHAT WE HAVE PROPOSED IS A SIZED THRESHOLD WINDOW, UH, OF 750 SQUARE FEET TO 1500 SQUARE FEET.
SO IT WOULD HAVE TO FALL WITHIN THAT RANGE.
I HAD SEVEN 50 MINI 1500 MAX FOR AN ACCESSORY.
THAT'S, THAT'S, THAT'S, YOU CAN GET A THREE BEDROOM HOUSE.
15 HUNDRED'S, PLENTY OF HOUSE.
I GOT 17 WISHED IT WAS 13, 14.
SOMETIME
THE WAY, THE WAY IT'S CURRENTLY DRAFTED IS THAT THESE WOULD APPLY FOR BOTH DETACHED AND ATTACHED.
AND I HAVE A CONCERN WHERE YOU COULD HAVE A 6,000 SQUARE FOOT HOUSE WITH A 2000 SQUARE FOOT BASEMENT.
YOU'RE GONNA TURN THAT BASEMENT INTO AN A DU, BUT IT EXCEEDS THE 1500 SQUARE FOOT UPPER LIMIT.
AND SO NOW, I MEAN, YOU'RE GOING TO CARVE OUT 500 FEET OF YOUR BASEMENT AND NOT MAKE THAT DOES A BASEMENT COUNT AS THAT WOULD, YOU COULD CERTAINLY CONVERT A BASEMENT TO A A, AN ACCESSORY DWELL UNIT.
YOU'RE NOT IN THE FOOTPRINT THAT POINT LOCATED WITHIN.
BUT PER THE CURRENT DRAFT, THAT WOULD NOT WORK.
IT MIGHT BE THAT WE AMEND IT TO SAY DETACHED ACCESSORY DWELLING UNITS.
I THINK THAT WOULD BE, I'D BE IN FAVOR OF THAT.
I WOULD JUST POINT OUT THAT YOU'RE OPENING THE DOOR FOR SOMEONE TO CONNECT SOMETHING MONSTROUS WITH A BREEZEWAY
I HAVE SEEN IT THE OTHER WAY TOO.
I'VE SEEN THIS HAPPEN TO WHERE THEY HAD A LITTLE TEENY HOUSE ON IT AND THEY WANTED A BIGGER HOUSE.
AND ACTUALLY THE EXISTING HOUSE ENDED UP BEING THE ACCESSORY DWELLING.
AND THE ADDITION ENDED UP, THE NEW ONE ENDED UP BEING A PRIMARY SUIT.
I MEAN, THE, LIKE, WE ACTUALLY HAD THERE, YOU'VE GOTTA HAVE THE MONEY TO, TO BUILD A BIGGER HOUSE.
I DON'T, I DON'T THINK IT'S A HUGE PROBLEM, BUT I, IF Y'ALL WANNA PUT SOME KIND OF LANGUAGE IN THERE TO PROTECT IT FROM THAT, I DON'T, IT GETS A LITTLE COMPLICATED.
I HATE COMPLICATED STUFF, BUT, WELL, I THINK WE'RE, WE'RE AGREEMENT ON THE THREE AND A HALF ACRES.
[01:20:03]
QUESTION IS, WOULD, WOULD THE BASEMENT ACTUALLY MEET CODE TO BE AN AUXILIARY UNIT AS FAR AS LIFE SAFETY? IT'S GOTTA HAVE A WINDOW OF A CERTAIN EGRESS AND A WALK UP.NO, IT DOESN'T HAVE TO WALK UP OR WALK UP, OR, I'M SORRY, CRAWL OUT AS FAR AS FAR AS THE SLEEPING AREA.
AND NOW OF COURSE FOR A DU THE CODES MIGHT BE DIFFERENT, BUT FOR BUILDING INSPECTION SIDE, UH, YOU DO NOT HAVE TO HAVE AN OUTSIDE DOOR TO GET OUT OF A BASEMENT.
BUT IF THERE IS A FULL SIZE WINDOW, BUT IF THERE IS A BEDROOM THAT YOU, IT HAS TO HAVE A WINDOW OF A CERTAIN SIZE.
I KNOW A 3 0 5 A ALWAYS COVERS IT.
UH, BUT IT'S GOTTA BE A CERTAIN WIDTH AND A CERTAIN HEIGHT FOR FIREFIGHTER TO GET OUT IN THE SLEEPING AREA.
BUT YOU DON'T, YOU DON'T HAVE TO HAVE A DOOR IN THE BASEMENT.
BUT IT ONLY MAKES SENSE TO CORRECT.
BECAUSE I CAN, I CAN HAVE A BASE MINUS AN INGROUND BASEMENT.
I GOT THE WINDOW AND THE LADDER IN MY, UH, GOT THE ESCAPE WELL WINDOW.
THAT WAY YOU CAN MAKE THAT A SLEEPING AREA.
SO, SO IT SOUNDS LIKE JUST, I, I THINK WE WOULD LIKE STAFF TO REVISE THE LANGUAGE.
MY UNDERSTANDING IS TO REMOVE, UM, ACREAGE REQUIREMENTS FOR ATTACHED, MAKE DETACHED THREE AND A HALF ACRES AND DO AWAY WITH THE SQUARE FOOTAGE LANGUAGE.
WELL, THE SQUARE FOOTAGE IS ON THE AUXILIARY UNIT, THE 15 MM-HMM
SO THE, SO THE SQUARE FOOTAGE WOULD ONLY BE ON THE DETACHED.
THERE ARE NO, NO LANGUAGE FOR THE ATTACHED, BUT TO CHASE'S POINT, SOMEBODY COULD BUILD A BREEZEWAY AND PUT YEAH.
I'M WONDERING IF WE SPECIFICALLY EXCLUDE THE UNITS THAT ARE LOCATED WITHIN SO THAT ATTACHED AND DETACHED APPLIES.
WELL, I WAS GONNA SAY IF I'M FINE WITH THE SQUARE FOOTAGE ON THE ATTACHED IS, BUT COUNT, UH, SQUARE FOOTAGE OF EXPANSION FOOTPRINT, I DON'T KNOW HOW TO WORD THAT, WHICH I THINK IS WHAT CHASE WAS DOING.
YOU'RE SAYING, YOU'RE JUST BASICALLY SAYING IF THE BASEMENT'S 750 SQUARE FEET, YOU'RE FINE WITH THAT.
AND BECAUSE 2,500 IS FINE, BUT IF YOU GO ADD ON CHANGING FOOTPRINT, BECAUSE THAT'S WHAT'S GONNA CHANGE THE LOOKUP.
I GOT YOU CAN'T SEE YOU, YOU HAVEN'T CHANGED THE EXTERIOR, UH, RULE VIEW OR IMPACTED THE NEIGHBORS.
VISUALLY BY FINISHING THE BASEMENT.
WAS THIS THE INTENT THAT YOU COULD DO BOTH? NO.
BY DEF, UH, WITH HOW IT'S STRUCTURED NOW, YOU CAN ONLY HAVE ONE REGARDLESS OF WHETHER IT'S ATTACHED.
'CAUSE THAT WAY IF THEY DO THE AUXILIARY UNIT, UH, DWELLING, THEY CAN'T DO AN AUXILIARY UNIT ATTACHED.
THEY, THEY CAN ONLY DO ONE OR THE OTHER.
SO IF YOU GOT A LIMIT OF 1500 ON THE SEPARATE DWELLING, WHY WOULDN'T YOU HAVE 1500 LIMIT ON THE ATTACHED? WELL, IF IT'S, IF IT'S AN EXISTING HOUSE AND YOU'RE REDOING THE BASEMENT OR TURNING THE BASEMENT INTO THE, THE A DU, RIGHT? WELL THAT'S, YOU CAN DO IT ON THE ATTACHED, BUT IT'S ON THE FOOTPRINT OF EXPANSION.
I DON'T KNOW HOW TO LEGALLY SAY THAT.
SO TO REEL ALL THE, TO REEL ALL THESE THOUGHTS IN, WE'RE LOOKING AT REVISING THIS SUPPLEMENTAL REG FOR THE, THE, THIS SIZE WINDOW TO ONLY APPLY TO ATTACHED ADUS AND DETACHED ADUS, BUT NOT ADUS LOCATED WITHIN AN EXISTING DWELLING.
AND IF IT'S, AND IF IT'S IN THE DWELLING OR ATTACHED, IT DOES NOT HAVE TO HAVE A SEPARATE SEPTIC EITHER.
IT CAN, YOU CAN'T EXPAND THE EXISTING, BUT THAT'S NOT A PROBLEM.
'CAUSE IT'S NOT GONNA BE SOLD SEPARATELY, RIGHT? YEAH.
THE CHALLENGE IS BECAUSE IT DOES HAPPEN IF, WHEN YOU DO GET TO THAT FIVE YEAR MARK, IF THEY DO WANT TO SUBDIVIDE AS A FAMILY SUBDIVISION, SO THEY WOULD HAVE TO CONSIDER THAT AT SOME POINT IN TIME.
UM, AND YOU KNOW, IT IT, THIS IS A SIDE NOTE, IT MIGHT BE THAT THAT MORTGAGE COMPANY MAY NOT EVEN ALLOW FOR SOMETHING LIKE THAT ONCE, YOU KNOW, SO IT MAY BE A MOOT POINT, BUT JUST TO CONSIDER THAT AS A, AS A POTENTIAL OPTION IN FIVE YEARS IF SOMEBODY WANTED TO SUBDIVIDE AS A FAMILY LOT, I THINK, I THINK IT'S ALL GOOD.
I THINK THAT WAS GOOD DISCUSSION.
RATHER THAN VOTE TO AUTHORIZE ADVERTISEMENT TONIGHT.
DO YOU WANT TO SEE IT WITH THESE CHANGES? I MEAN, THERE, THERE ARE A NUMBER OF SIGNIFICANT CHANGES.
WE WERE TALKING ABOUT NOT ADVERTISING THIS TILL JULY ANYWAY.
I I WAS GONNA SAY, I I'M NOT GONNA BE HERE NEXT MONTH AND I, I WOULD LIKE TO DISCUSS THIS, YOU KNOW, WE'LL BE HERE FOR THE PUBLIC HEARING.
SO IF, IF WE COULD AUTHORIZE B FOR ADVERTISEMENT IN JULY OR NO, WE COULD, WE COULD AUTHORIZE ADVERTISEMENT NEXT MONTH.
MY SUGGESTION WAS TO BRING IT BACK IN JUNE, EVEN THOUGH YOU'RE NOT HERE, YOU COULD STILL LOOK AT IT.
YOU'VE ASKED FOR AND IN JUNE, AUTHORIZE IT FOR JULY.
SO WE'D HAVE THE PUBLIC HEARING IN JULY.
SO WE NEED TO MAKE A MOTION ON THAT TO DELAY US MOTION TO TABLE.
IS THAT WHAT WE WANT TO NEXT MONTH? OKAY.
BUT YEAH, UH, IT, IT WAS ON YOUR AGENDA TONIGHT FOR AUTHORIZATION TO ADVERTISE.
SO WE'LL, WE'LL TABLE IT UNTIL THE JUNE MEETING FOR AUTHORIZATION TO ADVERTISE AT THAT TIME.
[01:25:01]
THANKS.IS THERE A MOTION ON THAT EFFECT? WHAT I, I SO MOVE
ADAM, CZ 20 25, 0 5 0 2 ZONING, TEXT AMENDMENTS FOR AGRITOURISM ACTIVITIES.
YOUR, IS THAT, IS THAT TO DO WITH THIS HERE? UM, WE GOT BACK HERE.
NO, I, I DIDN'T HAVE ANY COMMENTS ON THAT ONE.
UH, SO, UM, GO AHEAD AND ADVERTISE IT.
OR YOU WANT ME YEAH, GO AHEAD AND ADVERTISE THAT ONE THEN.
UM, LET'S, LET'S GO THROUGH 'EM ALL BEFORE WE THEN HAVE ONE FELL SWOOP MOTION ON ADVERTISEMENTS, SIR.
ITEM D, DD, WE NOW UNDERSTAND Z 20 25, 0 5, 0 3 ZONING, TEXT AMENDMENTS FOR AGRICULTURAL PURSUITS IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS STAFF.
I HAD NO, NO ISSUES WITH THAT.
I DON'T, I'M, I'LL JUST SAY I DON'T REALLY LIKE THIS AND I DON'T UNDERSTAND WHY WE'RE DOING IT.
THIS IS SOMETHING THAT I, I BELIEVE THERE'S SOME INTEREST IN AT THE BOARD LEVEL AND THEY'VE ASKED FOR OUR OFFICE TO PREPARE THIS AND SO WE HAVE PREPARED IT WELL.
IT, IT RELATES TO, UM, WHEN PROPERTIES ARE IN THE LAND USE PROGRAM AND ARE REZONED FROM AGRICULTURE TO ANOTHER DISTRICT, THAT THERE ARE, UM, MECHANICS THAT A LOCALITY CAN IMPLEMENT THROUGH ORDINANCES THAT ALLOW, YOU KNOW, FOR EXAMPLE, YOU COULD RE ZONE FROM AGRICULTURAL TO INDUSTRIAL, BUT KEEP USING THE PROPERTY IN AN AGRICULTURAL MANNER.
UH, WHILE YOU'RE PREPARING FOR DEVELOPMENT AND KEEP IT IN THE LAND USE PROGRAM AT THAT TIME.
BUT UNDER OUR CURRENT ORDINANCE, WE DON'T ALLOW FARMING IN THE INDUSTRIAL DISTRICT.
AND SO IF, IF SO DOES IT, THERE'S GONNA, SORRY.
IT HAS TO BE A, UH, A PERMITTED USE.
IT CAN'T JUST BE, UM, GRANDFATHERED IN BECAUSE IT WAS OPERATING AGRICULTURALLY WHEN IT WAS REZONED.
UM, MY LEGAL POSITION ON THE GRANDFATHERING IS THAT IF YOU AFFIRMATIVELY REZONE YOUR PROPERTY TO SOMETHING ELSE, YOU KNOW, SO I'M, I'M A LANDOWNER IN THE AG DISTRICT, I ASK FOR IT TO BE REZONED TO INDUSTRIAL.
I DON'T GET TO STACK THE OLD AG USES ON TOP OF THE NEW INDUSTRIAL USES AND HAVE A LARGER PORTFOLIO OF USES TO CHOOSE FROM.
SO I DON'T, IN A SITUATION WHERE IT'S A LOCALITY INITIATED REZONING, I DO THINK YOU WOULD BE GRANDFATHERED IN, BUT NOT WHEN YOU'RE THE APPLICANT SEEKING THE REZONING YOURSELF.
I REMEMBER DISCUSSION ON THIS, IF IT, IF YOU WERE LIKE WANTING, HEY, I'M GONNA LIST THIS PROPERTY FOR INDUSTRIAL USE.
ALL YOU, YOU CAN'T, IT'S HARD TO ADVERTISE TO GET A BUYER FOR IT UNTIL SOME OF THAT ZONING WORK'S DONE.
BUT YOU MIGHT NOT BE ABLE TO SELL THAT PROPERTY FOR FIVE YEARS.
WE YOU WILL HAVE BANKRUPTED THE APPLICANT IN TAXES.
SO IF HE'S STILL USING IT IN AN AGRICULTURAL PURSUIT, OH, I THINK IT'S, WHERE IT'S GONNA GET TRICKY IS WHEN YOU GET INTO LIKE ROLLBACK TAXES AND STUFF LIKE THAT, RIGHT? OH, AND I THINK IT'S EITHER WHEN THE LAND, IF IT'S SOLD AS INDUSTRIAL, MAYBE ROLLBACK SHOULD START THEN.
OR IF MAYBE IF THE APPLICANT DECIDES TO DEVELOP IT ITSELF, MAYBE, MAYBE YOU START THAT ROLLBACK FROM THE TIME OF PERMIT'S PULLED, YOU KNOW, SOMETHING LIKE THAT ALL.
SO THEN THE, THE CONDITIONAL USE PERMIT TO ALLOW PURSUITS OTHER THAN THOSE PERMITTED BY BY RIGHT.
PURSUANT TO SECTION THE, YOU KNOW, ONE ABOVE.
WHY WOULD WE WANT TO HAVE THEM? THEY'VE NOW REZONED IT AND NOW THEY'RE GONNA CHANGE IT TO A DIFFERENT TYPE OF AGRICULTURE.
SO WE DON'T WANT AGRICULTURAL IN THE INDUSTRIAL OR THE COMMERCIAL.
WE DON'T WANT THEM TO CHANGE TO A DIFFERENT TYPE OF AGRICULTURE.
WE, THEY'VE REZONED IT, THEY'VE, THEY'VE REQUESTED REZONING.
BUT IT, IT ALLOWS, IT ALLOWS, WHERE IT COMES IN IS THIS AGRICULTURE PURSUITS IS A DEFINED USE IN THE AGRICULTURAL ZONING DISTRICT.
SO IT'S SPECIFIC TO WHAT AGRICULTURAL PURSUITS IS DEFINED AS.
SO ALL THOSE OTHER USES, AND CORRECT ME IF I'M WRONG, BUT ALL THOSE OTHER USES WOULD NOT BE APPLICABLE.
IT MIGHT NOT BE CHANGING THE USE OF PROPERTY AT ALL.
[01:30:01]
INDUSTRIAL, SELL IT IN TWO YEARS.SO THEN WHY DO WE NEED THE CONDITIONAL USE SO THEY CAN KEEP THE COWS ON IT AND GET THE BUT THAT'S WHAT THE BUY RIGHT WOULD, THAT'S THE BUY.
MY THINKING WITH THE CONDITIONAL IS, IS THAT IF IT WAS SOMEBODY THAT WAS KEEPING COWS, FOR EXAMPLE, AND THEY REZONED AND SAY THEY WERE HAVING A HARD TIME DEVELOPING IT FOR INDUSTRIAL, SO THE TWO YEARS TURNED INTO FIVE, TURNED INTO 10, YOU KNOW, THERE'S A 2008 ECONOMIC CRISIS THAT THE CONDITIONAL USE PERMIT GIVES THAT LANDOWNER SOME FLEXIBILITY TO CHANGE AROUND THE NATURE OF THEIR AGRICULTURAL USE.
UM, SO THAT THEY'RE NOT STUCK WITH COWS.
THEY COULD POTENTIALLY HAVE SOME OTHER AGRICULTURAL USE SWITCH OVER JUST MAKING HAY WITHOUT HAVING TO SOMETHING LIKE THAT.
DO YOU, IN THE ACT, DO YOU HAVE TO GET A DIFFERENT PERMIT IF YOU'RE GONNA HAVE COWS OR IF YOU'RE GONNA HAVE A HAY FIELD? THINK THE LANGUAGE IN THIS.
SO AN AG ZONE, YOU CAN DO WHATEVER YOU WANT.
BUT IF YOU DO IT BY CONDITIONAL, WILL IT BE LIMITED TO CERTAIN AGRICULTURAL PURSUITS? WELL, BUT I, I'M SAYING THERE'S NO NEED TO, IF, IF YOU DON'T HAVE TO SPECIFY WHAT AGRICULTURAL PURSUIT YOU'RE DOING, THEN CONTINUING IS I, I'M GONNA CONTINUE OUR AGRICULTURAL PROCEEDS.
IT'S IF IF HE DON'T CORRECT, IF HE, IF IT'S A ZONED INDUSTRIAL, IT DON'T MATTER IF IT'S COWS OUT THERE OR NOT, HE'S GOTTA PAY INDUSTRIAL RATE TAXES.
BUT, BUT THAT'S WHAT THE BUY RIGHT IS FOR.
I'M SAYING THE CONDITIONAL I DON'T THINK IS, IS YEAH, BUT YOU, YOU CAN DO FARMING BUY RIGHT IN IN THE INDUSTRIAL, BUT WE CAN, WHEN WE PASS THIS, THAT THAT'S WHAT THIS IS FOR.
I'M SAYING IT DELAYS I'M OKAY WITH TOO.
IT'S A, IT'S A VERY THOUGHTFUL QUESTION.
WILL, MY, MY INTENT WHEN I CRAFTED THIS LANGUAGE ON THE BY RIGHT, WHICH SAYS THE CONTINUATION OF AGRO AGRICULTURAL PURSUITS, WHICH LAWFULLY EXISTED, WAS TO, TO IN ESSENCE GRANDFATHER THE MAN EXPRESSLY MM-HMM
THAT HEY, YOU CAN KEEP DOING WHAT YOU'RE ALREADY DOING, BUT THAT THEY DON'T GET TO CHANGE TO A NEW AGRICULTURAL PURSUIT.
YOU DON'T GET TO BE A COW FARMER AND THEN PUT UP A BIG GREENHOUSE UNLESS YOU COME BACK FROM, OR CHICKEN HOUSES.
GO FROM HAYFIELD THEN WE'LL JAM CHICKEN HOUSES IN HERE.
THAT YEAH, THAT WOULD BE, WHEN I WROTE THAT, UM, WAS ESSENTIALLY TO PREVENT PEOPLE FROM COMING INTO INDUSTRIAL AND THEN CHANGING DRAMATICALLY THEIR AGRICULTURAL USE WITHOUT COMING TO US FOR CEP.
'CAUSE CHICKEN HOUSES WOULD BE BAD IF IT WAS NEAR ANYTHING RESIDENTIAL.
MIKE WOULD SAY NO, BUT SMELL AND OTHER THINGS
BUT I, UM, I GUESS MY QUESTION IS, IF IT IS CURRENTLY, SAY IT'S CURRENTLY A HAY FIELD AND THEY DO WANNA SWITCH TO CHICKENS, IS THAT, I MEAN, THAT'S STILL AN AGRICULTURAL PURSUIT, THAT'S STILL A CONTINUATION OF AGRICULTURAL PURSUITS.
IT IS A DIFFERENT, IT'S A DIFFERENT AGRICULTURAL PURSUIT.
BUT, BUT WE'RE NOT SAYING YOU CAN KEEP DOING THE THING YOU WERE DOING.
I I THINK WHAT YOU'RE SAYING IS, I I COULD HAVE DRAFTED IT MORE CLEARLY,
AND I DON'T DISAGREE WITH YOU ON THAT.
I MIGHT, IN LIGHT OF YOUR COMMENT, I MIGHT TWEAK THE LANGUAGE.
AND SO I, I'M TRYING TO SPEAK TO YOU ABOUT, UM, KIND OF WHAT THE SPIRIT OF IT WAS.
WELL, AND I'M, I'M GOOD WITH THAT.
I GUESS I, I WANNA, IF WE CAN TWEAK THE LANGUAGE UNDERSTOOD.
AT, AT THE SAME TIME, IF YOU'RE DOING A THING OF, YOU'RE DOING MAKING HAY IN THIS FIELD NOW, ARE YOU TELLING SOMEONE THAT THEY'VE GOTTA COME PULL A PERMIT IF NEXT YEAR THEY WANNA GROW SOYBEANS THERE? YEAH.
THAT, WELL, THAT'S WHERE WE'LL GET SOME.
THAT'S WHY I'M SAYING THERE'S A REVISED LANGUAGE.
I THINK THERE'S KIND OF A IMPORTANT THING DISTINGUISH BETWEEN PASSIVE AND, AND KIND OF ACTIVE INDU, UH, AGRICULTURAL.
SO, YOU KNOW, IF THEY'RE GROWING CROPS, THAT'S MORE PASSIVE.
I DON'T HAVE A CONCERN ABOUT SWITCHING FROM ONE CROP TO ANOTHER CROP.
BUT AG YOU KNOW, COVERS A WHOLE LOT OF DIFFERENT THINGS.
AND I THINK WE WOULD WANT SOME RAINS ON IT IF IT, IF IT'S SWITCHED TO AN ACTIVE, YOU KNOW, AG PURSUIT.
AND SO WE MAY TRY TO TWEAK THIS, UH, TO CAPTURE THAT THAT WAS THE INTENT OF IT.
AND CONVERT FROM A HAY FIELD TO HOG FARM.
WELL, IT'S A CONFINED FEEDING OPERATION AS A SU IN OUR SUPPLEMENTAL REGULATION.
WELL, WE MIGHT, WE MIGHT JUST BE CLEAR.
BECAUSE THAT'S A WHOLE NOTHER BEAST INTO ITSELF.
SWITCH FROM MAKING A LITTLE HAY TO SOMETHING WE'D GET
WELL, YOU KNOW WHAT I'M TRYING TO SAY.
SO, SO WE WE'RE LOOKING AT THIS FOR NEXT MONTH ALSO, OR IT'S UP TO YOU.
UH, IF WE'RE ALL ON THE SAME PAGE ABOUT THE SPIRIT OF THAT, I, I WILL TWEAK THE LANGUAGE AND YOU COULD GO AHEAD AND, AND AUTHORIZE ADVERTISEMENT WITH THE UNDERSTANDING THAT WE WILL TIGHTEN THAT UP A LITTLE.
[01:35:02]
ITEM EZ 20 25, 0 5 0 4, SUBDIVISION ORDINANCE, TEXT AMENDMENTS, ORANGE COUNTY PLANNING STAFF.THE, THE ONLY QUESTION I HAD HERE THAT, UH, REALLY DIDN'T GET ADDRESSED, UM, IN THE AMENDMENT BELOW, IT WAS WHERE IS THE PUBLIC INFO ALLOWED TO GET, GIVE INPUT IN A, A SUBDIVISION OF THEY'RE NOT YEAH, NO.
THEY ARE NOT, UH, I SUPPOSE THEY COULD APPEAL IN THE COURT IF, IF THEY HAVE A CERTAIN ISSUE.
SO THAT'S, THAT'S, THAT'S THE ONLY, AND THE DEVELOPER'S NOT REQUIRED TO GO GET SPEAK TO, UH, STAKEHOLDERS PROPERTY.
THAT WAS THE WHOLE, WHOLE REASON BEHIND IT.
TOOK IT OUTTA THE LEGISLATIVE BODY AND PUT IT IN THE ADMINISTRATION.
SO ADMIN IS, THE STATE DOESN'T WANT US DOING THAT ANYMORE.
SO IT'S ALL ONE, IT'LL BE ALL ON THE SUBDIVISION ADMINISTRATOR AND THE, HE WILL BE ON THE SUB SUBDIVISION ADMINISTRATOR BECAUSE I USED TO, THERE ARE SOME LIMITATIONS.
I MEAN, OBVIOUSLY, YOU KNOW, OUR, OUR COMMENTS ARE GONNA GO OUT TO AGENCIES.
AND THE AGENCIES WILL DRIVE MUCH OF, YOU KNOW, WHAT WE'RE ABLE TO APPROVE AND WHAT WE'RE NOT.
AND THAT TIMELINE ALSO, BECAUSE IT DOES, IT DOES GIVE US SPECIFIC TIMELINES FOR APPROVALS.
SO WE WILL HAVE TO REALLY KIND OF KEEP AN EYE ON THAT.
AND THEN ALSO, UH, WITH THE AGENCY COMMENTS, THEY ARE GIVEN SOME TIMELINES ALSO.
I THINK A LOT OF THE PROBLEMS WERE AT THE, AT THE STATE LEVEL.
YOU KNOW, FOR VDOT, DEQ, THAT KIND OF THING.
I MEAN, FOR US, THAT'S CERTAINLY THE LONGEST MM-HMM
UM, OF, OF THE APPROVAL PROCESS.
IT'S, IT'S GOING TO KIND OF CHANGE THE WHOLE WAY WE DO SOME OF THESE SUBDIVISION COMING FROM THAT INDUSTRY WITH OFFICE BUILDINGS.
I'VE, I'VE HAD TO GO DO THE PRESENTATIONS TO YEAH.
THAT, UM, SUBDIVISION IS MINISTERIAL.
IT CHECKS THE BOXES, THEN WE, WE SIGN ON THE DOTTED LINE AND THIS TAKES THE PUBLIC PROCESS OUT OF THE SUBDIVISION.
SO WANT THAT ONE GOING, GOING FOR NEXT MONTH? YEAH.
SEE THEN F ZONING TEXT AMENDMENTS FOR APPLICATION REQUIREMENTS.
I DON'T HAVE ANY COMMENTS ON THAT ONE.
THIS, THIS IS JUST A COMPANION TO THE OTHER BECAUSE THERE WAS A REFERENCE TO SUBDIVISION.
SITE PLAN REVIEW AND THE ZONING WARNINGS.
SO MAY YOU WORDSMITHS WANT TO WORK UP A AGENDA.
MOTION ADVERTISE C THROUGH F
IS THAT TOO SIMPLE? WELL, WE'RE POSTPONING C, NAH, B WE'RE GONNA POSTPONE POSTPONE B.
OKAY, SO WE'RE POSTPONING B AND EVERYTHING ELSE SHOULD BE GOOD.
A WAS REMOVED POSTPONE B AND THEN C THROUGH F.
UH, MR. CHAIR, I, I MOVED THE PLANNING COMMISSION TABLES, UH, ZONING TAX AMENDMENT Z 2 2 5 DASH 5 0 1, UH, FOR CONSIDERATION UNTIL THE, AND I'M SORRY, WILL FOR INTERRUPTING, BUT I BELIEVE WE ALREADY HAD A MOTION TO TABLE ON BI THINK WE ACTED ON THAT ONE RIGHT AFTER.
I MOVED WITH THE PLANNING COMMISSION FORWARDS ZONING TEXT AMENDMENTS Z 20 25 0 5, 0 2 Z 20 25, 0 5 0 3 Z 20 20, 25, 0 5, 0 4, AND Z 2025.
OH 5 0 5 FOR AUTHORIZATION TO ADVERTISE.
[X. Commission Matters]
COMMISSION MATTERS.UM, YEAH, I MEAN, I'LL FORMALLY LET YOU GUYS KNOW.
I'VE, I'VE PUT IN FOR MY VRS RETIREMENT AUGUST 1ST.
I TURNED 65 IN AUGUST AND I'VE BEEN DOING LAND USE WITH THE COUNTY FOR 20 YEARS AND DRIVING FRONT ROW FOR 25 YEARS.
NOW I'M NOT RETIRING FROM LIFE, I'M JUST RETIRING FROM THIS JOB.
I MEAN, I'M SURE I'LL HAVE OTHER THINGS THAT FILL MY LIFE AND, UH, YOU KNOW, I'M SURE THE STAFF HERE WILL SEE ME PERIODICALLY BUGGING THEM ABOUT THIS OR THAT,
[01:40:01]
BUT I JUST WANTED TO LET YOU KNOW.AND, AND, UH, HR IS, DOES KNOW ABOUT THIS, AND SO THEY'LL BE WORKING ON MY REPLACEMENT.
UM, UH, AND SPEAKING OF REPLACEMENTS, UM, I'VE BEEN IN TOUCH WITH MS. COLOR.
SHE HAS FOUND SOMEBODY, UM, THAT SHE IS, UM, DISCUSSING THIS WITH, UM, CLOSELY RELATED TO MS. RICHARDSON.
UM, BUT I'VE ALSO BEEN DISCUSSING IT WITH ANOTHER, UM, UH, RESIDENT FROM THE, UH, SOUTH RIVER DISTRICT WHO IS INTERESTED.
UM, I, AGAIN, MS. CALLERS WILL LET US KNOW, UM, YOU KNOW, HER, HER DECISION, WE'LL MOVE FORWARD, GET GETTING THAT, UH, POSITION, UM, FILLED.
UM, AND, AND OTHER THAN THAT, THAT'S ALL I REALLY HAVE.
SO, WELL, YOU GOT ANYTHING? IT'S BEEN A PLEASURE WORKING WITH YOU.
I'M SURE BEFORE, UH, BEFORE YOU LEAVE, BUT IT STILL BE, STILL WILL BE FOR A COUPLE MONTHS.
I'M A DOUBLE DIGIT, DIGIT AS THEY CALL IT, SET IN IN MILITARY, YOU KNOW, SO YOU STRAIGHT TO PUSH YOU UP THE DOOR.
UH, AND THEN JUST A REMINDER, I WON'T BE HERE NEXT MONTH.
HAVE A GOOD MEMORIAL DAY OR WEEKEND.
ONLY THING WITH ME IS I'M SURE WE'LL HAVE OTHER OPPORTUNITIES TO TELL YOU WHAT A GREAT GUY YOU ARE AND HOW GOOD IT'S BEEN WORKING WITH YOU.
SO WE'LL WAIT TILL JULY TO GO TO DO THAT AGAIN.
BUT OTHER THAN THAT, I DON'T HAVE ANYTHING.
I, I ORDERED A CAKE AND ICE CREAM FOR JULY OR AUGUST.
BROTHER, YOU SAID AUGUST, RIGHT? SO DID YOU SAY SOMETHING ABOUT HIRING ME AS A CAMPAIGN MANAGER TOO? IS THAT
UH, AT THE LAST MEETING WE HAD A SHORT TERM TOURIST RENTAL APPLICATION, UM, CONDITIONAL USE PERMIT APPLICATION FOR 4 2 2.
TIMBERLINE RIDGE BUILT THE HOUSE WITHIN A FRONT SETBACK AND REQUESTED A VARIANCE.
UH, THE BOARD OF ZONING APPEALS ACTUALLY TABLED THE DECISION, WHICH IS WHY YOU DIDN'T SEE IT ON YOUR AGENDA.
UM, AND SO IT WILL BE BACK ON YOUR AGENDA WHEN THEY HAVE MADE THEIR DECISION.
UM, SO AT THIS POINT, UM, WE ARE CURRENTLY, UH, OR WE, WE RECEIVED AN APPLICATION FOR THE FORT DISTRICT, BZA MEMBER POSITION FINALLY.
AND, UM,
UM, AND THEN FROM THERE I'LL RESCHEDULE THE MEETING AND GO FROM THERE.
ANYTHING ELSE? JORDAN? NOT RETIRING YET.
ALLISON, YOU'RE RETIRING YET? NO.
UNFORTUNATELY YOU WILL BE STUCK WITH ME FOR A WHILE LONGER.
WITH ALL THAT, WE'LL ENTERTAIN A MOTION TO ADJOURN.