[11:02] And the same protocol will follow with the green light, the yellow light, and the red light. At the end of the presentations,

[11:10] there will not be an opportunity for me to bottle if you disagree with somebody who will come back before the commission.

[11:15] And then we will discuss and have an input from there.

[11:18] All right, thank you. Right, since seeing we don't have any citizen comments now, we will open the public hearing.

[11:34] Thank you, Mr. Chairman. Application PD-4517, like foot development.

[11:39] So, an application to request many of the York County Zooey Mac by reclassifying approximately

[11:47] 22.4 acres of land from economic opportunity to plan development, mixed use, subject to

[11:53] voluntarily-property conditions.

[11:55] For the purpose of establishing a mixed use development, consisting of 276 apartment units and

[12:01] up to 20,000 square feet of commercial storage space.

[12:08] Cepacinity map of the property, the applicant's properties are outlined in red, main front

[12:17] on light foot road and the rear on Route 1, 99, homosign parkway, and then on the west side

[12:25] front on to Old McMortown Road.

[12:29] Surrounding uses are for the most part commercial driving range across the street and then

[12:39] Make it property on the other side of Old Mortown Road to their west, recently had an approval for warehouses on that property.

[12:49] Beyond that, beyond the railroad tracks, two gas stations, car sales, and another shopping center.

[12:55] The blue dash line is the James City County line.

[13:00] Beyond Richmond Road, James City, there's a mix of residential and commercial uses.

[13:07] The existing buildings on the applicant's property are all houses that would be demolished

[13:12] to remove from the property as part of the application.

[13:16] Also subject to a 150-foot wide dominion energy power easement, parallel to Old

[13:23] More Town Road.

[13:28] So zoning map of the area, the applicant's property and all surrounding properties are

[13:33] owned economic opportunity, the other side of the railroad tracks is General Business,

[13:38] GB, and the James City County side are a mix of residential and commercial uses.

[13:49] Properties also subject to green belt buffers for both lightfoot road and route 199,

[13:55] cross-tached and green.

[13:58] Lightfoot road also subject to tour's corridor management overlay provisions,

[14:03] And the entire property is subject to the watershed management and protection overlay district due to drainage area within the wall or mill reservoir area.

[14:14] The comprehensive plan designates this property for economic opportunity with mixed use overlay and provisions in the comprehensive plan in Kate mixed use is intended to create a well design community provide opportunities for a mix of

[14:33] retail, office, and residential uses, different types of residential uses to include detached,

[14:38] attached, and apartment uses, all within relatively compact development under a unified

[14:45] master plan.

[14:49] It's an aerial of the area.

[14:51] Again, the applicant's properties are outlined in blue.

[14:57] Route 199 down to the south.

[15:00] And note that there is heavily wooded areas along the southern and eastern property borders of the property of a health buffer route 199.

[15:13] It's photographs of the area. This is on lightfoot road applicants property to the left, the railroad crossings right there and you're facing the light you see in the distance there is Route 60.

[15:25] Look in the opposite direction, down-light-foot road, that's hold-more-town road to the right.

[15:31] The house there is one of the houses that would be removed on the applicant's property.

[15:35] The white building to the left is the driving range that's across the street.

[15:41] This is a property that is slated for warehouse uses, you can just see old-more-town road there.

[15:50] This is old-more-town road at the Route 99 overpass to the rear of the property and see

[15:55] noted heavy landscaping heavy tree cover there that I noted. And this is on old

[16:03] more town road facing toward lightfoot. The white building there is the

[16:08] batting cages and driving range. Applicants property to the right.

[16:13] He's just looking at it from front. These are two of the houses that would be

[16:18] removed on the applicant's properties. Lightfoot crossing shopping center and

[16:24] just to the east, and this is the shot, the building there is the back of the Williamsburg

[16:31] Outlet, Williamsburg Antique Mall, just to show the heavily wooded area there between the two properties.

[16:40] Project summaries, I mentioned 22.4 acres overall, 18.3 of those are

[16:46] available once you deduct out the area under the power

[16:50] easement.

[16:52] They are proposing 276 apartment units in which for this acreage

[16:58] would equate to a density of 15.1 units per acre.

[17:03] Parvans would be a mix of one, two, and three bedroom units

[17:06] spread out in 13 buildings.

[17:08] They're also proposing a 500 square foot clubhouse

[17:11] outdoor pool in Pavilion area associated with the apartments.

[17:15] and four commercial buildings for a totaling 20 up to 20,000 square feet of

[17:21] flora area.

[17:25] Area required to have 10% of the gross area for open space and they have provided two and

[17:31] half acres or 11% would include both passive and active recreation areas.

[17:38] Three entrances, the main entrances on lightfoot road, two additional entrances on two old

[17:43] more town road.

[17:45] This is a layout plan, supplied by the applicant.

[17:51] The gray are the 13 buildings.

[17:54] Commercial buildings up on lightfoot road.

[17:56] They would be centered toward the main entry way.

[18:00] And then down in the apartment complex section,

[18:04] there would be a clubhouse and then pool and pavilion area.

[18:12] Some more detailed layout plan.

[18:15] In red, our road improvements that would be needed that they are proposing for light-foot road

[18:22] that would need to be turned lanes and turn tapers on either side of the main driveway.

[18:28] The yellow cross-touch area is the proposed open space.

[18:33] Infiltration yards for stormwater runoff are shown in pink and again note the dominion power

[18:41] management off to the west end of the property.

[18:49] Architectural elevations submitted by the applicant.

[18:51] They have indicated this is for the apartments.

[18:54] They would be a mix of hardy plank and faux stone.

[18:58] They would conform to tourist corridor management provisions

[19:04] as far as the architecture and materials and colors go.

[19:09] These are conceptual drawings for restaurants, restaurant buildings,

[19:13] and conceptual drawings for office and other commercial areas, and note that they are all

[19:20] coordinated as far as the facade and materials go.

[19:27] Applicants submitted a traffic impact

[19:29] analysis indicates that the development would result with an additional 3,038 vehicle trips,

[19:38] average vehicle trips per day, 2016 VDOT traffic counts for life-foot road average daily trips

[19:45] is 9800 so that would be a fairly significant increase in traffic from the development.

[19:53] As I mentioned, turn lanes and turn tapers are needed for the life-foot road entrance and

[19:59] are proposing.

[20:00] On their plans.

[20:03] The impact analysis also took into account level service impacts. Those are

[20:08] a measurement of how well intersections and roads function as far as traffic goes with respect to congestion,

[20:17] long queue times at intersections, safety, et cetera. The grey drawn from A, which would be complete

[20:24] free flow, no impacts to a level service F, which would be a complete failure of the intersection

[20:32] or the road.

[20:34] The applicant noted that the intersection surrounding the development all would have acceptable

[20:40] level of service, which is up to CRD.

[20:44] However, there are two intersection lanes into the intersections where there would be a level

[20:52] the service that would drop from CDE, that would be a Northbound Omortown Road at Lightfoot,

[20:58] and then the Westbound section of the More Town Williamsburg Pottery and Lightfoot roads,

[21:03] both of those legs would deteriorate from the CDOE according to their traffic study.

[21:14] I'm looking also submitted a fiscal impact analysis.

[21:17] indicates a net revenue, 7,225 dollars, annual costs, 411,375, and this is at build out, with

[21:30] having a positive fiscal impact of $294,900.

[21:36] Department grants would average about $1,300, and according to the applicant's analysis,

[21:44] average household income would need to be 90,925 for that rental amount or 85% of the 2018

[21:56] average household income.

[22:01] Also announced, analyze school impacts as a result of the apartment part of the development.

[22:09] This site is in the attendance zones for Waller Mill Elementary, Queens Lake Middle School

[22:13] and Bruton High School.

[22:14] If you take into account future development in these attendants zones that would include

[22:22] resownings that have been approved and also development plans for which site plans or

[22:26] construction is also started, we would have future capacity shortfalls in both Waller

[22:33] Mill Elementary School and Queen's Lake Middle School.

[22:38] I do want to note that the analysis, these are staffs, numbers did include development of

[22:44] Cloning Wavesburg property off of bypass road in 132.

[22:48] It had a development approval.

[22:50] It was some time ago.

[22:51] The applicant did not include it as part of their

[22:55] proper analysis, because they felt it was too speculative.

[23:02] So, Charc, I'm showing the three different school districts

[23:06] and their capacities, Waller Mill,

[23:09] would have, has a capacity to add 160 students.

[23:13] Queensland could add up to 219 before hitting capacity and brutal up to 470.

[23:21] When you take into account the potential future students, as well as resownings like

[23:27] Arbordale and then this application, and so I noted you would see a shortfall in both

[23:35] Wallerville and Queensland.

[23:36] The

[23:41] applicant has voluntary, voluntarily-proford, per unit contributions toward their portion

[23:47] of impacts to the schools, Wallermell Elementary, toward classroom space, 643, 896.

[23:56] They also indicated what resulted in a need for one regular bus in a special needs bus,

[24:08] which

[24:08] of $2,645 in 45 cents.

[24:17] I'd like to review the planned development mixed use,

[24:22] district objective,

[24:25] development objectives from the zoning ordinance.

[24:29] Efficient use of land within increased density's concentration

[24:32] of units should be a mix of shopping, office, cultural recreation,

[24:38] residential uses.

[24:38] should be set up within walking distance of each other.

[24:42] Should be a main internal main street design

[24:45] to any mixed use,

[24:48] balance mix of residential and non-residential uses.

[24:52] Alternative housing choices,

[24:55] to include, as I mentioned,

[24:57] for the compound, single-family detail.

[25:00] Attach, attach, townhouses, etc. And it should be a landmark place with superior design elements, and a design, a common design theme.

[25:14] The zoning ordinance contains additional guidelines in order to meet those objectives.

[25:21] Development should have a town center, village, dream, as a central design element, or focal point.

[25:27] Ground floor units, facing that center should be predominantly retail and, unless accepted by the Board of Supervisors, 40% of the development units should have

[25:41] be a mix of commercial and residential.

[25:47] Also, as required to have a sequencing development sequence for the residential and commercial

[25:53] development so that they're developing, concert with each other.

[26:01] Our recommendation, we are recommending denial of this application.

[26:07] For reasons being, there are no mixed use buildings in here.

[26:10] It's just the separation.

[26:12] There's just commercial and residential.

[26:14] There isn't a mix of the residential building types.

[26:17] All you have are apartments.

[26:20] We don't feel it is a landmark place.

[26:23] It's well laid out the buildings looked to be architecturally well-suited, but we didn't feel

[26:31] that it was landmark in comparing it to other apartment complexes that have been approved

[26:37] in the county.

[26:39] There isn't any real village center or integration of the commercial and residential uses.

[26:44] The commercial areas relatively separate from the apartments up toward lightfoot grow.

[26:48] There is a common green with the clubhouse area in the Pavilion, but that's really centered around the apartment buildings.

[26:58] And sequencing schedule,

[27:02] they're only proposing one of the commercial buildings, which would be 28% of the total by the 108th apartment unit, which would be 65% of the apartments would be done before any retail was started.

[27:16] And they have no completion date for the remainder of the commercial area.

[27:23] They had indicated that it would be market driven and they don't feel there'd be any market before the apartments would be completed.

[27:35] Staff feels what the development really represents is a residential multifamily district development with commercial outparsals.

[27:43] Only difference being in a residential multifamily zoning, they would have 96 fewer units than what are proposed in this development.

[27:53] We have concerns with the school capacity impacts when you take a look at the cumulative impact of all the residential properties we've got already in the pipeline.

[28:03] Although they have voluntarily offered to contribute funds toward impact to Waller Mill, and

[28:10] accordance with recent code of Virginia changes, Prophors can be considered unreasonable

[28:16] when not based, specifically, on impact of the use of the time of the rezoning.

[28:23] The additional school-aged children they would add as a result of this development in and

[28:28] itself would not cause over-capacity or capacity issues but taken as a whole with all the other

[28:38] all the other developments that we've got scheduled the overall impact would be overcrowding.

[28:48] We don't feel it's consistent with the comprehensive plan and it's not a real unified mix of

[28:54] retail, office, and a very residential unit types.

[28:57] Therefore, recommending denial, however, if the Planning Commission wishes to recommend approval,

[29:03] we do have provided Resolution PC17-12R for your consideration.

[29:12] And I note that we have not received any comments specific to this application.

[29:17] There were four support letters that the applicant brought in this evening that I've placed

[29:23] at your, at your, on the days there.

[29:28] And I am, applicant is here, and I'm available to answer any questions you might have.

[29:35] Right.

[29:35] Commissioner Mr. King, do you have any questions for the slide?

[29:38] Mr. Chairman.

[29:39] Bill?

[29:40] No.

[29:40] Excuse me.

[29:43] I have a question to you.

[29:46] Mr. Parker.

[29:49] D.D. had no objections.

[29:51] But brought up several points.

[29:53] If the 200-foot tapers require widening of 647.

[30:00] Could Vida stop the project or delay it until the widening is completed?

[30:09] That would be handled at site planner approval.

[30:12] They were going to need to submit more detailed traffic information at that time.

[30:17] And if it shows that, you know, they'll need widening in order to install those improvements,

[30:22] then that would be required as a part of the site planner approval.

[30:26] Thank you.

[30:29] Any further questions?

[30:34] We have to.

[30:36] I think three people scheduled for getting with Mr.

[30:38] Gettie.

[30:39] He states your name address.

[30:44] And I think he's serious.

[30:46] Mr. Chairman, members of the Commission, I'm Vernon Gettie.

[30:50] 1177, James Town Road.

[30:52] It's my pleasure to be here tonight representing lightfoot development.

[30:58] Likefoot development is the property owner here and from light to foot development.

[31:08] We have Dr. Theo Batistas in Mike Bramble.

[31:12] Those two and other members of the Batistas family

[31:16] of the owners of lightfoot development.

[31:20] They were among the very early believers in commercial development

[31:25] in lightfoot, and the county's economic development efforts pushing commercial development.

[31:32] They acquired this property in 2003 and 2004.

[31:37] They, in 2005 and 2007, bought additional three parcels, totaling 12 acres in the International

[31:43] Center, overall, as should be part, drive.

[31:48] So nobody has a keen or interest in the commercial success of lightfoot than the Batista

[31:54] family.

[31:57] Also here Denise LaCore with Denstock development, the proposed developer of the

[32:03] apartment part of this project in Steve Romeo with THB, who was the traffic consultant

[32:10] in engineer on the project and Ted Fogura, our fiscal consultant. It won't surprise you to

[32:18] know that we disagree with staff's recommendation in this case. We believe this proposal

[32:24] is generally consistent with the comprehensive plan in as much needed in this area.

[32:30] The site has been marketed for purely commercial uses for 13 years now with zero success.

[32:37] It's simply not a prime commercial property, and I think in discussions I've had your economic development

[32:44] Department would agree with that.

[32:47] We think this is a mixed use project that makes sense for this location.

[32:51] It will be attractive, it will be of the highest quality, and at this point, this will

[32:57] occur.

[32:57] We'll address you about the apartment part of the project, and then I'll close briefly

[33:02] all within our ten minutes.

[33:05] If I talk quickly, there's always a trepidation when it's a government festival.

[33:10] I'm sorry, Denise LaCore, and I'm within stock LLC.

[33:16] There's always trepidation when a developer comes into town and builds an apartment community.

[33:23] And there's that inherent fear that the developer is going to build it with cheap products or cheap materials.

[33:30] They're going to flip it to make the quick profit.

[33:33] And then they're also going to lead town.

[33:35] And unfortunately, that leaves the community with buildings that cannot withstand the test of time.

[33:40] So what I wanted to show you tonight was some pictures of our projects that show that that's not the case with our development company.

[33:49] You know, we're going to go like this.

[33:51] As you can see, we've been building apartments in 1992 and we have yet to sell a single apartment community.

[33:59] So what we are is that we feel like we're rolling term players when we come.

[34:04] We have a best interest in making these apartments the nicest that they can be,

[34:08] which means that we have high quality materials.

[34:11] We also have a sister companies that manages all of our apartments that we've built,

[34:17] and we take very high size facts, and that we have very high resident ratio,

[34:22] because again, we maintain our properties so well.

[34:26] All of our properties have a clubhouse, and we have like community sitting outside,

[34:30] because we always want to foster that sense of community, and we have pools,

[34:36] sometimes splash pads around the pools,

[34:39] we'll have deck furniture, grills, bar pits, furniture again,

[34:43] just a falster that sends a community.

[34:46] In our civilians, we typically have seeding

[34:48] with barbecue grills, outside TVs,

[34:51] soft seeding, and a covered area.

[34:54] In our clubhouses, typically about 5,000 square feet,

[34:58] all day long are all.

[35:00] Residents are welcome to come in and use the club room. And at night, they can also rent it if they want

[35:06] to have a event something like a baby shower or perhaps even an engagement party. Our residents

[35:13] also pay a one time $250 a minute fee and they have 24-hour access bill electronic key to areas

[35:21] other areas of the club house such as our media room or our rec room, which often times has a pool

[35:28] table or the business center or a fitness center with the state of the art gym equipment.

[35:36] So we feel like we've build the the nicest clubhouse. We also build very nice apartments

[35:41] and that we have stainless steel clients, granite countertops, architectural lights, crown

[35:46] molding and the living rooms with ceiling fans, large bedrooms with also their ceiling

[35:51] fans and the master walk-in closet, bathroom with granite countertops. We have the soaker

[35:58] we have tile and each apartment has a simple size washer and dryer.

[36:04] So all of those, we feel we have a great product and it was the

[36:09] staff alluded that maybe it was not the proper time to build this project

[36:14] and we think it's the absolutely perfect time.

[36:17] And for two reasons we believe that.

[36:20] One is within a one and a half mile radius of the lightfoot project.

[36:23] There's a vacancy of 133,690 square feet of retail, and they've been vacant for three years,

[36:32] and that's according to your economic development department.

[36:36] So there's a tremendous amount of detail, and 276 rooftops will really help to bolster

[36:41] what is a flagging retail economy in the northern part of your county.

[36:47] Also, the planner talked about the lack of residential myths.

[36:52] We believe apartments are important for this to be a viable project and why would we say apartments?

[36:59] And that's because we're listening to the market.

[37:02] This is a very important graph to look at.

[37:04] And that shows you that home ownership is declining.

[37:09] And you can understand why it might be declining at the beginning of the recession when a lot of people

[37:13] lost their homes due to poor closure.

[37:16] But what's really dramatic is this declining even in the last few years

[37:19] where the economy has been rebounding, and why is that?

[37:23] And that's because the two largest segments of our population

[37:27] are the millennials and the baby boomers,

[37:29] making up about 50%.

[37:31] And they are actually changing their minds.

[37:34] They don't want home ownership.

[37:36] They want to live in apartments.

[37:38] And why would that be?

[37:39] Well, millennials, they're used to technology.

[37:42] They're much more mobile population.

[37:44] They move all the time.

[37:45] Also, a standing 58% of them are still paying on student loans and can't save a lot of money to put down a down payment on a house.

[37:54] The other is, or the baby boomers, and the baby boomers are changing their mind.

[37:59] And a lot of that is a result of that great recession.

[38:02] They don't want to be balanced by homeownership, by having to do the long, or having to work with their HVAC.

[38:10] A.C., they rather be the lock and leave generation where they can leave the apartment for

[38:15] three weeks, four weeks, go travel around the U.S. go visit the grandchildren for weeks

[38:20] at a time and not have to worry about what's happening at home because the management team is

[38:25] taking care of it.

[38:27] So if we look at the apartment, we think it's a great time to build this.

[38:31] And if you look at the site plan, you can see that we do have the retail upfront and we did

[38:38] that on purpose.

[38:39] The traditional neighborhood development typically is a much larger square acreage, an acreage,

[38:46] but also, as you pointed out, it might be in the center.

[38:50] But just looking at that vacancy rate and how huge it is already.

[38:55] If we were to put this retail and screen it totally by all these apartments, it would be suicide

[39:01] for the retail.

[39:02] They could not live on just the 276 rooftops.

[39:05] they have to have that visibility off light but road.

[39:09] So we brought them to the front.

[39:10] But what we did is we connected them with a very big network of sidewalks.

[39:18] It's a very quickly and would drive you through our community.

[39:22] You can see the sidewalks, we go by the entrance and if you look,

[39:25] on each side of Plankham's retail, you can see the pedestrian

[39:28] pavilion, the planners, the seating area where the people are sitting.

[39:32] As you come up to the clubhouse and we turn, you can see that all of the architecture

[39:38] is very much matches and then to our left, you will see that we will have the big green.

[39:44] And as we rate this turn, you will see the pool, the civilian area and as we continue

[39:50] down, you will see all the buildings or flanking that village green.

[39:55] We are now coming over here by the Wingsburg Antique Mall and you see the back of the buildings

[39:59] is it all?

[40:00] Also provides access to us to the back of this retail. And so not only do we have sidewalks, but we have the big hit or access to it.

[40:12] And I'll close briefly to several points we want to make.

[40:16] We think with this design and layout and with its consistent and attractive architecture and design, the boulevard entrance you saw in the village square, that this does create a landmark place.

[40:27] And we think it does it in a way that makes sense,

[40:30] and poises it to be successful.

[40:34] It will provide a much needed shot in the arm

[40:37] for both the existing businesses in the area

[40:40] and help fill the empty storefronts that there's so many of.

[40:45] We've gone door to door.

[40:46] I've talked to a number of the businesses

[40:48] Mike Bremel is literally gone door to door.

[40:51] In the support for this is universal.

[40:53] In the message we hear as we need customers,

[40:55] numbers, we need rooftops.

[41:00] It provides high quality housing. It's a half a mile from the

[41:04] old-mortown road entrance to this project to the Centaro Regional Medical Center. I personally

[41:10] met with Dave Masterson with Centaro who is in full support and you have Dave's letter. It will

[41:16] be very helpful for them in recruiting both staff and physicians. We think it's a sensible

[41:23] commercial element, and again, it's set up to be successful.

[41:29] Thank you, Mr. Good.

[41:30] One last sentence, if I could, Mr. Johnson,

[41:32] just that the applicant has stepped up with reasonable cash

[41:35] Prophors to address the school impacts.

[41:38] Thank you for your consideration.

[41:41] We'd be glad to answer any questions.

[41:43] I have any questions.

[41:45] Can we share some of the questions?

[41:48] It's just that a question.

[41:50] You talked about, or one of you talked about the obvious vacancy rate for retail, and

[41:58] one of the critiques that staff has mentioned in their staff report to the commission

[42:04] is that the development doesn't include an adequate mix of commercial retail, and I'm just

[42:13] Here is how you expect to meet that goal when there's already an existing vacancy rate out there,

[42:20] and it doesn't appear in the quantity of apartment units that's going to satisfy the existing

[42:28] gap.

[42:28] Excuse me, that's out there and enough to provide a commitment that you can construct commercial

[42:35] and retail.

[42:36] So if you can address the delta there between your development and the commercial retail

[42:43] Yeah, a couple of points there, one, I think, and Amy said in her report, we actually meet the requirement for the amount of commercial proposed suggested by the ordinance.

[42:56] In terms of the phasing, we do recognize that the retail struggling in this area, I mean that's one of the key points for the project to help that.

[43:06] But we are comfortable that the development of the apartments will generate demand for the building we have phased if you will.

[43:18] We think that the continued development and build out of the project, the build out of projects like Arbordale will generate demand in the area in the 20,000 square feet will ultimately fill out.

[43:30] But we think this project needs to be completed before we would foresee that happening.

[43:37] Okay.

[43:38] Thank you.

[43:38] It's Jeremy.

[43:40] Other folks?

[43:44] It's a beautiful.

[43:46] Vida talked about having the entrance off Old Morse town road rather than light-foot road.

[43:55] As I traveled in the area, light-foot road is a very heavily traveled road without your development.

[44:02] Can you give us a reason why you've oriented it to light foot road when the traffic situation is so bad currently?

[44:14] Denise or Steve would you all?

[44:15] Yeah, I would say there was a several reason for that.

[44:18] One we have to cross the Virginia power easements.

[44:20] So we are somewhat restricted in what we can do and come in off the road.

[44:24] Also, if you look back at the site plan, we have a curve there.

[44:28] You have to worry a little bit about site distance when you have a main entrance.

[44:31] And the third reason is being because like but it's traveled and we do have the commercial in the front, it's important to them that they have that disability and it's exposure to traffic.

[44:43] Commission, I'm Steve Romeo with VHB.

[44:48] We've looked at a couple of improvements that can be made very, very easily and simply in that area, the first being.

[45:00] Putting flashing yellows at the intersection of more town and light foot road, that will improve the existing condition tremendously.

[45:12] It will also help the development stay within the guidelines of level of service by not migrating into category E. The other improvement that

[45:27] could be made and should be made, which is articulated in our traffic study, is that the county

[45:34] petition V dot to do a speed study because the posted speed is nowhere near what the actual

[45:42] speed of the traffic in that area is, it's much lower because of the proximity of the railroad

[45:48] track, and that will also help the functionality of that road.

[45:53] Okay.

[45:57] More questions for me.

[46:01] Thank you.

[46:01] Thank you very much.

[46:03] All right.

[46:04] We have Dave Vanville.

[46:10] I'm actually with the applicant.

[46:13] Was that it?

[46:14] Yeah.

[46:14] Dave Granwell, but I don't know what to do.

[46:15] Okay, come forth.

[46:17] So you've already spoken.

[46:18] Okay.

[46:18] So that's it.

[46:19] Anyone else wishing to speak to this application?

[46:25] All right.

[46:25] Soon we have no.

[46:26] We bring it down to the commission.

[46:29] Is it okay?

[46:30] Well, public hearing is close.

[46:32] Well, public hearing is close yet.

[46:34] I'm sorry.

[46:34] I'm going to explain first.

[46:38] I am looking at this proposal.

[46:41] I agree with staff.

[46:44] It doesn't fit the description.

[46:47] It makes use of a small MFU project development.

[46:51] It doesn't have a schedule for completing a commercial part.

[46:58] And if you look at the density of housing, which is 50% over the guideline, if you took the ratio of the guideline density of housing to purchase space,

[47:09] you would have about 1,000 feet for breach 10 residences, which means that you would need about 28,000 feet of commercial space to balance out with the number of residences.

[47:21] And so I don't think the description of the project meets our good zoning and comprehensive

[47:31] plan.

[47:34] I also, I'm very skeptical of the financial impact analysis, I've seen these impact analysis

[47:40] before they make a much of very favorable assumptions that are very favorable to the

[47:45] that leaving out costs,

[47:50] like replace them for schools,

[47:54] air conditioning, rules, and space that's going to be used

[47:57] for this development.

[48:00] So I can't support this development.

[48:06] This type?

[48:07] I want to sit with the staff on the inside.

[48:09] So they don't need to see where the advocates

[48:13] made the case that we should change our basic,

[48:17] I don't see where the staff, where the applicant

[48:20] has made the case to change her basic guidelines to any significant degree.

[48:25] So I support this panel.

[48:28] And three.

[48:29] Yes, I, when I travel up there, the problems with the commercial, like the light

[48:37] foot crossing shopping center, most of the area is completely not being used there.

[48:46] There are signs there, but the businesses have closed up.

[48:50] So it is an issue to bring in commercial based on what is currently there with the number

[49:00] of residential thing.

[49:04] However, I can't support the application because it is really not a planned development

[49:12] mixed use, development, and what concerns me is the traffic and the impacts to the school.

[49:28] I think I'll charge you to look at this, given the guidelines that apply to the PDMU.

[49:38] And it seems to be a disparity between staff and certainly my point of view in terms of how this

[49:44] being reviewed and how it needs those guidelines and so I struggled to support this application.

[49:52] I've tried to look at it from many points of view and given the guidelines that we have

[50:00] If you look at the cumulative impact, but I think it's more fair to look at the actual impact of the project itself.

[50:09] Because in that has implications for the proper, so I don't think we'd ever get anywhere, if we were just tricky looking at that way.

[50:17] So I see some pluses and minuses, but without the commitment to the commercial aspect of it, as it is described in the guidelines,

[50:27] 10% residential density is the recommendation we're at 15.1, which is 50% above, so I don't

[50:36] see the partnership between the county and the development in terms of the given take in order

[50:41] for this to meet the guidelines. That's where we have the spared here, so now the guidelines

[50:48] need to be, the boards certainly can change or recommend, but in my position here, I think

[50:55] we're here to apply those guidelines.

[50:57] These are meets at work, doesn't it?

[50:59] And in my point of view, it doesn't.

[51:04] So if you have any further discussion?

[51:06] I don't have anything other at Mr. Chairman.

[51:08] I agree with my fellow commissioners.

[51:09] I agree with the applicant that residential in this area is something that's missing

[51:13] and highly needed.

[51:14] I just think that proposals just not ready for prime time and either this is the wrong

[51:19] location or the wrong timing or you just don't have the right mix to meet the spirit and intent of the ordinance so I agree with my fellow commissions and I'll be voting against it

[51:34] Well, I'll entertain motion if we've exhausted our discussion, but if there's more to do then I'll entertain motion

[51:41] Chairman, I'm willing that the Commission recommend denial of this application to the board of

[51:48] supplies.

[51:51] Just for clarification.

[51:56] The procedure is to move the resolution that's before you.

[51:59] Then if you're against it, you would vote no.

[52:02] And if you're for it, you would vote yes.

[52:04] I agree that that's been our usual procedure.

[52:06] I think there's one reason the exception to that.

[52:09] I've had it with either way.

[52:21] I'll admit my motion to move the resolution to prove this application and prove the resolution.

[52:39] 4517

[52:43] is to adopt resolution number pc17-12r to rezone approximately 22.4 acres located

[52:54] at the southeast quadrant of the intersection of light foot road and old more town road

[53:00] from economic opportunity to plan development mix use.

[53:05] Mr. King?

[53:09] Mr.

[53:09] We're adopted.

[53:11] Resolution to deny the application.

[53:13] No, we'll change.

[53:14] We'll change.

[53:16] We'll modify it.

[53:18] I'll be here.

[53:19] Mr. Phillips.

[53:20] Okay.

[53:21] My vote is no.

[53:23] Thank you.

[53:25] Mr. Phillips.

[53:28] Mr. Titus.

[53:29] No.

[53:30] Mr. Peterman.

[53:32] No.

[53:33] Mr. Johns.

[53:34] No.

[53:34] The motion fails 0 to 5.

[53:39] This would likely go to the board, September 19th.

[54:24] Thank you, Mr. Chairman, members of the Commission, this application is a rigged

[54:28] request for a special use permit to authorize and existing auto body and painting establishment

[54:33] at 60-09 towards Washington Memorial Highway.

[54:36] The applicant is Junior Cox.

[54:40] Property consists of six parcels with the total area of 12.2 acres, on the west side of

[54:46] 2017 about 2,200 feet north of the Newford-New city line.

[54:51] The property is zone general business along Route 17,

[54:55] and economic opportunity to the rear auto body and painting.

[55:00] Requesting requires a special use permit in both the GB and EO zoning district. The property to the west of

[55:08] the applicant's property, which is labeled PDMU, that's a plain development mixed use, that's the common

[55:13] wealth green, plain development, first phase of which the apartments have been built.

[55:24] The

[55:25] much mirror the zoning classifications.

[55:30] Coxon's collision center, I'm sorry.

[55:36] The Coxon's collision center was established in 1983

[55:39] on a 1.4 acre parcel on Route 17.

[55:46] And at that time, the auto body shop was permitted

[55:49] as a matter of right under the zoning that was in place

[55:54] The following year 1984, the Board of Supervisors approved concurrent rezoning and special use permit applications for the one and a half acre property to the West, to allow the body shop operation to be expanded onto the property.

[56:13] The original building that you see on the parcel up front is the body shop, and then behind it, the one to the west is a paint shop that was approved in 1984.

[56:26] In 33 years, since then the applicant has acquired four additional adjacent parcels, including total area from 1.4 acres to 12.2.

[56:36] These properties are used for various activities that are

[56:39] ancillary to the body shop, primarily parking and vehicle storage,

[56:45] also to provide a landscape buffer from adjacent properties.

[56:48] In addition, a couple of additional buildings have been built.

[56:52] There is a storage building, sort of northeast of the paint shop,

[56:57] and then the building that you see to the south of the property was built

[57:01] in the early mid-2000s and is used for storage and classroom space.

[57:11] And in the next couple of years, as most of you probably will recall, there is a new

[57:18] road that's going to be constructed through the property by the developers of Commonwealth

[57:21] Green.

[57:22] This was something that was offered as a condition of approval of that project, shown as

[57:27] drive on their plans, and that will cut through the applicant's property up there that parcel

[57:33] to the north of West.

[57:36] The over the years have been three comprehensive rezoning so the county

[57:41] that have affected some of all of the applicant's properties, and numerous zoning ordinance

[57:46] tax amendments, applicable to auto body shops as a result of all this. The zoning status for

[57:51] different parcels has changed over the years from a buy-right use to legally, non-conforming

[58:00] use to conforming special use. Sort of a patchwork quilt. In discussions with the applicant

[58:09] between the applicant and staff, it was felt that it would make sense to formalize the

[58:13] approvals status of the entire operation under a uniform set of conditions that would be

[58:21] of the entire 12.2 acres.

[58:24] So the applicant has submitted this application for a new use permit to supersede the one that

[58:28] was approved in 1984 and it would apply to the entire land assemblage.

[58:35] This is the, excuse me, the body shop is viewed from Route 17.

[58:42] The brick building is the body shop and that's just another view along the side.

[58:48] And, and this is that building that I mentioned it was built in the mid 2000s, uses classrooms based storage space.

[58:56] And the page shop located behind the body shop.

[58:59] This is a vehicle storage area along the southern portion of the property.

[59:04] As you can see, there's abundant vegetation there providing a screen from the adjacent property, which you can't see in this picture.

[59:10] There is about a six foot high wooden privacy fence that provides additional screening of the vehicle storage area from the adjacent property.

[59:17] And this is the other vehicle storage area to the north, which also has a lot of vegetation

[59:23] to screen it.

[59:26] No fancy, the only fancy is the chain link, which is obviously no screen at all.

[59:32] And this is the bird's eye view of the property as it looks about four years ago when this picture

[59:38] was taken and just for orientation purposes, there again is the future road to net drive

[59:42] that's going to come through there.

[59:44] As you can see, this is actually the road right of way, it's not the pavement with itself, it's not going to be that way.

[59:52] But as you can see, the road comes right up against that vehicle storage area along the northwest, so one of the conditions.

[1:00:00] Questions of approval that we proposed as part of this application is for the applicant to provide landscaping

[1:00:07] supplemented by a fencing of necessary.

[1:00:10] To screen views of that vehicle storage area from what's now being called Jeanette Dry.

[1:00:18] And I will point out that the vehicle storage area, as you saw in the previous picture, looks

[1:00:25] little better than it does in this aerial photo, it doesn't really do it justice.

[1:00:30] But there is a condition in the proposed resolution that will require landscaping supplemented

[1:00:36] by fencing.

[1:00:38] And it's important because this is going to be the entrance of the approved 17 entrance

[1:00:41] into a Commonwealth Drive, this is one of the county's economic development priority areas.

[1:00:46] And we do want it to be a nice attractive road coming through there in both directions.

[1:00:55] The total building square footage on a property is a little under 49,000 square feet.

[1:01:02] You can see the acreage of the various buildings up there on these slide.

[1:01:06] There is no construction, no additional construction being proposed as part of this application.

[1:01:13] What the applicant is trying to do is just basically memorialize what's in place now.

[1:01:19] And if at some point down the line, either he or our future owner wanted to propose an expansion,

[1:01:30] they would be pretty limited in what could be allowed as a matter of right.

[1:01:35] Since this would be, this would fall under the special youth permit provisions,

[1:01:39] or the provisions applicable to amendment or expansion of special uses.

[1:01:43] And so any expansion over 5%, which would be about 24 or 2,500 square feet would require

[1:01:51] a port of supervisor to approval.

[1:01:55] But again, the applicant has no plans to expand.

[1:02:04] Basically, this application is trying to formally recognize the situation that exists today

[1:02:11] and it's a situation that hasn't caused any problems, no conflicts with the joint adjacent

[1:02:16] property owners.

[1:02:17] As I mentioned, no expansion is proposed and if there were any plans to expand it would be pretty limited and what could be allowed with that purpose of the rise of the approval.

[1:02:26] I also mentioned the vehicle storage from the screen from the to be screened from the road.

[1:02:32] As things stand now, we really don't have the ability to require that even though zoning ordinance provisions do require auto repair garages to screen vehicle storage areas from joining properties and public rights of way.

[1:02:46] And as we were talking about a new road coming through an existing body shop.

[1:02:53] So without this condition in the resolution, there would be no way for the county to mandate any screening of that road.

[1:03:01] So we're recommending a proof of the application through the adoption of the proposed resolution R7 PC-17-21.

[1:03:10] Mr. Coxon is here to answer any questions you might have of him.

[1:03:20] I think this enhances the existing situation we have out there in good opportunity to take some improvements.

[1:03:27] I just have a question that's an aside to this is the status of Genet Drive and whatever you can.

[1:03:36] The last I heard from the engineer on the Commonwealth Green project is that they're still waiting for that final

[1:03:46] Well, there's some small isolated wetlands on that property, and as you may recall, the developers

[1:03:58] of that project came back to the county to get basically an extension to, of the time limit, which was about to expire last November, to build that road.

[1:04:09] And so, according to the engineer, they're very close now to getting that last wetlands permit

[1:04:15] and after that, the road has to be built within two years.

[1:04:20] And the utilities too, it's not just the road, they're extending the water and sewer lines

[1:04:25] through that property.

[1:04:27] Okay.

[1:04:28] All right.

[1:04:29] Thank you.

[1:04:30] It's folks.

[1:04:32] But

[1:04:36] the question, Jim, in moving board in Genet Drive gets finished up, moving from partial

[1:04:44] to to partial three, and we kind of north north of the question.

[1:04:48] I could talk with my hand sometimes.

[1:04:52] Is there any concern that we may need to also block off that northern...

[1:05:00] adjourned side of Jeanette Drive. The condition in the use permit would also apply to anything done on the north side of Jeanette Drive.

[1:05:07] Okay. So if the applicant were either to expand or consider expansion on that side, or consider relocating the operation over to that new parcel, it would be subject to that same conditions. So landscaping fence would be required to.

[1:05:22] Okay, Grant. Thank you, guests.

[1:05:27] Mr. Peters.

[1:05:29] All right.

[1:05:30] I don't have any questions for you.

[1:05:32] Thank you, Tim.

[1:05:34] All right, you have Mr. Coxen signed up to address the commission.

[1:05:40] Please state your name address.

[1:05:41] Good to see you then.

[1:05:43] Harman Coxen.

[1:05:44] Four o'clock on O'Ramley Creek Road.

[1:05:49] Mr. Chairman, members of the commission.

[1:05:52] I'm your nice, really question that you have.

[1:05:55] I've been here a long time and I can do it.

[1:06:00] The answer about, let me landscape, yes, it's go cost us.

[1:06:04] We're going to have to get landscape.

[1:06:05] We're also going to have to, it's going to be a security problem.

[1:06:09] Come, you're going to have a lot of cars going up the net area.

[1:06:12] And if we are problem, it's going to be a fine answer problem.

[1:06:15] We'll have to take care of it.

[1:06:17] as the countergrows, so should bear this, so we want to do that. I think it'll be good.

[1:06:24] Thank you, Mr. Cox. Any questions, Ms. Kim? No questions? No questions? No questions?

[1:06:32] Thank you. Thank you. Anyone else wishing to? I don't have any other, I don't have anybody

[1:06:38] signed up to speak to this application, but is there anyone wishing to speak to this application

[1:06:43] on the cocks of application. I see we have none. We will close as part of the public and

[1:06:49] bring it back to the commission.

[1:06:56] There's no discussion now in the table of motion.

[1:07:00] Mr. Chairman, I recommend that the commission adopt Resolution Number PC-17-21.

[1:07:07] The motion by Mr. King is to adopt Resolution Number PC-17-21 to recommend approval of a special

[1:07:15] use permit to formalize the approval status of an existing auto-body work and painting

[1:07:21] establishment on Route 17. Mr. Titus, Mr. Philips, Mr. Peterman, Mr. King, Mr. John's,

[1:07:36] The motion passes five to zero.

[1:07:39] All right, and this is a go before the board.

[1:07:40] I believe that's September 19th.

[1:07:42] That's correct.

[1:07:44] Thank you.

[1:07:45] Oh, thank you.

[1:07:46] Have our next evening, there's another thing.

[1:07:55] Yes, this is for an application, UPA-94-17 for Janice C. Evans.

[1:08:02] As for a special use permit for a tourist home at 125 horseshoe drive, it's shown here in

[1:08:08] red off a horse shoe drive, which is a loop road off of East Queen's drive.

[1:08:14] Okay, here has two side streets point-lore place and hunter-lane, but all these houses

[1:08:20] access off of the loose one way or another.

[1:08:23] This is the aerial photo of the property.

[1:08:26] Again, the house is shown in red.

[1:08:29] The property, in the last slide, all the properties are zone R, R, and designated

[1:08:34] low density in the comprehensive plant.

[1:08:38] The existing development on there is a single family home.

[1:08:45] This is a picture of the property from the driveway.

[1:08:47] You can see the parking area outside the two car garage here,

[1:08:52] and the driveway leading up to the front of the house,

[1:08:54] standing on the other side, kind of looking from the other direction,

[1:08:58] showing that the home, the backyard,

[1:09:02] the deck there in the back, and the flat space,

[1:09:04] and it goes down to the lake there, and this is standing on the other side of the driveway

[1:09:11] looking up into that parking area. You can see the two car garage, the driveway area, parking

[1:09:16] area there in front of us, and then the driveway going up to horseshoe drive. Just a little background

[1:09:22] for this. We had the county received a complaint on January 20th of this year. The our zoning code

[1:09:30] enforcement office went out and did some investigation, looked, found that this was a site

[1:09:37] being offered on the Airbnb website. They sent a notification or a notice of violation to

[1:09:45] the property owner on May 3rd of this year when unclaimed. They were finally able to get in contact

[1:09:51] with the caretaker of the property mis Williams and they adjusted the notice of violation and

[1:09:58] he sent it on May 30th.

[1:10:00] We have found that went unclamed also. Eventually, they were able to have a phone conversation with Ms. Williams and let her know that the property needed to either get a special use permit or cease operation.

[1:10:14] And that's when Ms. Williams came in and applied for the special use permit.

[1:10:21] tourist homes are defined as an establishment either in a private dwelling or in a structure

[1:10:26] accessory and subordinate to a private dwelling, which temporary accommodations are provided

[1:10:31] to overnight transient guests for fee.

[1:10:34] A little different than bed and breakfast, we do allow bed and breakfast also, but in bed

[1:10:38] breakfast, of course you have to have breakfast, you have served breakfast, and you also have

[1:10:43] to have someone on premises, either an operator or the owner or owner of the residence needs

[1:10:48] be living there, and that's different from tourists' homes.

[1:10:52] We don't require anyone to live in the home and be a caretaker of any kind.

[1:10:57] It can be the whole structure or can be used for the transient gas.

[1:11:03] And there are no requirements for breakfast or anything of that nature.

[1:11:09] But it is required to maintain a parent's of a single detached home and normal residential

[1:11:14] use.

[1:11:16] This is the sketch plan the applicant gave us.

[1:11:20] This is a three bedroom tourist home about 2,500 square feet,

[1:11:25] single family detached home.

[1:11:27] It is surrounded by single family homes across horses

[1:11:31] who drive and on either side or single family homes.

[1:11:35] This is the applicant's floor plan.

[1:11:38] There's a one story home with a basement.

[1:11:40] The upstairs has a living dinette area, dining room, living room kitchen, sun room, and then

[1:11:48] three bedrooms which would be available to the guests.

[1:11:52] The applicants later didn't stipulate how many guests they would allow in the maximum.

[1:11:57] So staff assumed because there are two bedrooms would be two guests per room, so about

[1:12:01] six maximum guests at one time, and the latter did not also did not specify how long the

[1:12:08] would be if there is a minimum of maximum, it didn't stipulate that.

[1:12:15] The applicant is indicated that they no longer are offering this home on the Airbnb site.

[1:12:21] It's no longer being offered for occupancy, but it has been booked up through September 5th,

[1:12:26] at which point on September 5th the owner is looking to occupy the structure again.

[1:12:31] I will note that's about two weeks before the board of supervisors is actually here this case.

[1:12:40] But they are, they just, they just, they, they, they, they, they, they, they, they, they,

[1:12:43] premises would no longer be offered for rental beyond that date, and that's what they said in

[1:12:47] their letter.

[1:12:49] There are several, been breakfast in Yorktown, or in York County, most of those are located

[1:12:55] in Yorktown Village here in the historic area, there are three, and then we have the Bay

[1:13:00] Tree Beach Manor down in Seaford on a 9.5 acre lot on the water.

[1:13:05] We've also had two tourists home in the man guest cottage down the more house area in your coast guard base and then the most guest cottage here in Yorktown, but that's no longer being used as we understand it.

[1:13:20] The property of 125 horseshoe differs from those that we mentioned it's not within walking distance of any kind of historic district area or tourist area.

[1:13:33] Yorktown here is historic areas, so it's easy within walking distance for those kinds of uses.

[1:13:40] Nor is it located on a large parcel in a relatively isolated area, similar to the Seaford Road Bay Tree Beach Manor, Bed and Breakfast.

[1:13:51] This is located on a 15-foot wide loop street, horseshoe drive, which serves about 28 single-family detached homes.

[1:13:59] And that drive is accessed off of East Queen Street.

[1:14:03] Equal drives, sorry, East Queen's drive,

[1:14:05] which is only about 20 feet wide in places.

[1:14:11] This is similar to another request we had,

[1:14:13] which it was also in Queen's leg.

[1:14:14] It was on the other side of Queen's leg off West Queen's,

[1:14:17] on Valor Corde.

[1:14:18] It was a single family home on a cold attack.

[1:14:21] There was no owner residency in that request.

[1:14:25] It got a lot of opposition from the adjacent neighbors who were concerned about the short-term

[1:14:33] stays for these guests, and eventually the board did vote to deny that application.

[1:14:39] It was mainly on because of the lack of onsite management and the concern from the neighbors that they received.

[1:14:47] Traffic is a bit of a concern with this application.

[1:14:50] A typical single family home has about 9.6 vehicle trips per day,

[1:14:54] So on horseshoe drive with 28 homes, we have about 269 vehicle trips per day.

[1:15:00] How are we proposed? Tourstones are a little bit different. With a maximum

[1:15:05] of optimistic of six people, that's about three times the average household size generation,

[1:15:10] so about 57 trips per day, likely. And with vacationers, you're going to have more trips

[1:15:16] because if we're becoming and going multiple times throughout the day, with potential

[1:15:20] for multiple vehicles being in and out of that property. So the possibility of higher traffic

[1:15:26] with kind of use, it is great.

[1:15:30] Parking, the Zodiacanastroquars,

[1:15:32] five off street parking spaces for this.

[1:15:34] They can't accomplish that.

[1:15:36] They have the two car garage.

[1:15:38] They have space for three more cars on the outside.

[1:15:42] And that about 36 foot wide area outside the garage.

[1:15:46] And as well as the parking,

[1:15:48] the driveway can have some parallel parking

[1:15:50] because it is wider as you get closer to the home.

[1:15:54] I will note that staff has put in a requirement for screening of the parking area in the post-resolution.

[1:16:04] Queensland does not have a homeowner's association.

[1:16:07] They have a volunteer association.

[1:16:10] Many residents belong to the association, but it's unlike a homeowner's association.

[1:16:15] It does not have any legal jurisdiction over the use of the property in the neighborhood.

[1:16:19] of regardless of this, the county cannot be partied in kind of enforcement of any private

[1:16:23] covenants that they may have.

[1:16:25] That's a grim as between private property owners, so the county really can't take any

[1:16:30] part of that.

[1:16:33] In allowing tourist homes in the rural residential area, we have said that there could be

[1:16:40] some allowances and special by special use permit, so it could be appropriate but not in

[1:16:46] locations. Tourist homes by their nature are higher intensity than a single

[1:16:52] family home with vacation rentals generally having a higher per unit

[1:16:56] occupancy as well as increased traffic and vehicle trips per day.

[1:17:03] The use could be appropriate at some residential areas if there was on a larger

[1:17:07] parcel in a more sparsely developed location, however, this is a quiet neighborhood

[1:17:14] with immediate neighbors on both sides and across the street.

[1:17:18] The staff does not believe the traffic and activity levels associated with this proposed use

[1:17:23] would be compatible with the residential character of this or the surrounding area.

[1:17:27] The resident owner would not be on site for any of these rentals.

[1:17:33] So there is no one there to monitor use the property or the conduct of the applicants.

[1:17:37] And as I said, we've had a citizen complaint that originally brought this to our attention and then there have been additional complaints of users of the property since that time.

[1:17:49] So there is no guarantees that they would cease use or once she did take when she went on the property.

[1:17:58] There's no guarantees that she would prevent stop using the property for the rental.

[1:18:03] Therefore, based on those considerations, we as staff feel like you should recommend denial

[1:18:08] for this to the board.

[1:18:10] However, if you would like to recommend approval, we have provided you with a resolution,

[1:18:15] a PC number, PC number 17-22.

[1:18:19] In there, we have stipulated a few conditions.

[1:18:22] I would just like to talk about quickly.

[1:18:25] It would need to operate in accordance with the narrative, sketch plan and the floor plans,

[1:18:29] the African is submitted, they would need to obtain the required building permits and occupancy

[1:18:37] permits, licensure, and so forth from the county.

[1:18:41] We are asking that in the conditions that the owner be an occupant of the dwelling, if it's

[1:18:46] going to be rented out, the owner needs to be living there so they can monitor what's going

[1:18:51] on and that the limit be up no more than six people.

[1:18:55] And that Austria parking would be screened from the adjacent property.

[1:19:00] Additionally, fire and life safety had some concerns because

[1:19:04] that they would like address, and so we included things in there,

[1:19:07] like requiring an emergency action plan, fire extinguishers,

[1:19:10] interconnected smoke detectors, and an annual fire inspection.

[1:19:14] And then lastly, the big one is that if you were to recommend approval,

[1:19:18] we think we probably need to require a one-year renewal with this.

[1:19:21] And the condition that we stipulated would be that they, you know, year from now, need to submit letters from all the adjoining property owners.

[1:19:29] And if they could get letters from all the adjoining property owners, they would just go to the board.

[1:19:33] The board could see that they have that all the adjacent property owners are okay with it.

[1:19:38] And then they could continue moving on for an indefinite time before the board without any kind of public hearing needed.

[1:19:46] They could not come up with those letters and then we have to go back through the special use permit process.

[1:19:51] that the board has set up for this type of use.

[1:19:57] I'm happy to answer any questions.

[1:19:58] I know I'm Ms. Williams is here tonight.

[1:20:00] To talk and give you her account for the property, but if any questions, I'm happy to answer them.

[1:20:10] Any questions?

[1:20:12] Earl, let me get this straight.

[1:20:14] The applicant has no intent on renting out the home beyond September 5th.

[1:20:19] That is what her letter is state.

[1:20:21] And if the Board of Supervisors were to approve this request, it would be week or two from now.

[1:20:26] So we're talking a use permit for a week or two.

[1:20:29] Board will end of September, so end of September, so let's say 30 days by time everything

[1:20:34] is approved, so that's what we're talking about here, a 30-day permission for this proposal.

[1:20:41] Well, by that time, it would have ceased operation, the last of the bookings would have been done.

[1:20:45] But there's no guarantee, right? Well, I mean, it's just what she stated in a letter.

[1:20:50] Okay, but there's no guarantee if it were to be approved and continue it as is.

[1:20:53] Right, if this was gone, if it went to the board, and on September, and the board decided to approve it,

[1:21:00] they would have this use on that property.

[1:21:02] Second question was, thank you. Second question was, is the applicant does not live in the residence. Correct.

[1:21:08] She has been in the hospital and rehabilitation, so she's in another talk. Thank you.

[1:21:17] I think there's an online review or something of some guests of this property and

[1:21:24] voter review and they said that it's the same time they were running out the upstairs,

[1:21:28] there were someone else were running out the downstairs, the basement, that didn't see any

[1:21:34] reference to the running out the basement or in the application.

[1:21:39] We have, we've received, and my phone conversations with Ms. Williams and Ms. Evans, they said

[1:21:46] that they have a young lady that's staying in the bottom of it, but none of their official,

[1:21:51] you know, they didn't give us anything official and letter form, I don't think it was just

[1:21:54] in conversations.

[1:21:56] So I'm not sure exactly how that works, the applicant can probably address that a little bit

[1:21:59] better than I could.

[1:22:03] Is there any?

[1:22:05] A couple questions, sir.

[1:22:06] Yes, sir.

[1:22:07] One, and some of the letters we've received on this, there's a lot of concern, and I've spent a lot of time thinking about this one over the last month.

[1:22:15] But is there any evidence that you can point to that says a tourist home has a higher incidence of crime than any other property or rental property?

[1:22:25] not a higher incident of crime, no.

[1:22:28] I mean, we have nothing we have any kind of empirical evidence

[1:22:31] that we can point to.

[1:22:33] No one's ever done the study of vacation rentals

[1:22:36] to see if they had a higher crime rate.

[1:22:39] And if they were in a single family neighborhood,

[1:22:41] how that was applied, I do a good email

[1:22:44] that's about that we couldn't find any information

[1:22:46] in the shares department.

[1:22:48] Thank you.

[1:22:49] Another question, and it kind of comes to this

[1:22:52] and the one last month that we had,

[1:22:54] it was over by the elementary school of that area.

[1:22:58] But in this particular application,

[1:23:00] we talk about, it's not within walking distance

[1:23:02] and there's no historical tourist areas,

[1:23:06] right close to the fake people could walk to.

[1:23:08] But in that last application, we did not address that at all,

[1:23:12] either.

[1:23:12] If I remember right, it wasn't within walking distance of anything.

[1:23:16] So I'm curious of why the walking piece of this

[1:23:21] and distance from tourist attractions is emphasized in this application.

[1:23:27] What was emphasized in the last one, we said that, you know, it was within walking distance

[1:23:31] of any of those areas either. And that's just basically compared off what's already been

[1:23:35] approved, bed and breakfast, and tourist home-wise. All of those applications are, except for

[1:23:40] the Bay Tree Beach Manor bed and breakfast, had been near a historical area, whether they're

[1:23:44] here in Yorktown or off of the Morehouse Road, which is named in the street. So they are

[1:23:49] within walking distance.

[1:23:51] And thank you for clarifying that.

[1:23:53] Yes, that's right.

[1:23:54] I was in the state in last time.

[1:23:56] And also, as a condition of running this out as a tourist home,

[1:24:00] can I know there was talk about dog-beamless.

[1:24:03] Can be no pets be added to the condition of either their agreement

[1:24:09] that they had with A, B, and B, or something else,

[1:24:12] where there's no pets can be involved,

[1:24:14] because that could eliminate that particular issue.

[1:24:16] Also, could it be limited to only as a condition going forward that only one family at a time could be in this realm?

[1:24:25] You as the planning commission can propose whatever conditions you would like.

[1:24:28] I don't think it would just matter of reasonableness.

[1:24:31] I mean, I would probably defer to our counter attorney to see if it's reasonable to not allow pets.

[1:24:37] And this kind of use, I don't know off the top of my head if that would be unreasonable or not.

[1:24:43] But I mean, you as a planning question have the

[1:24:45] prerogative to add conditions to the resolution.

[1:24:49] And we just make it a revised resolution for you.

[1:24:51] If you wanted to put those kinds of conditions on it,

[1:24:54] you have that prerogative as the planning question.

[1:24:57] You can do that.

[1:24:58] You can add whatever you would like.

[1:25:00] Okay, thank you. You're welcome.

[1:25:03] Excuse me.

[1:25:05] Yes, let me ask you this, Earl. It was mentioned in the narrative of an agent acting on behalf of the owner of the property and what the requirement that the owner occupies the premises.

[1:25:18] What is the applications, that correct?

[1:25:21] That it has to be owner occupied.

[1:25:23] In the proposed resolution that we've given you one of the conditions would be that the owner be a resident.

[1:25:29] would be able to have the latitude to appoint to have an agent or a representative act on her behalf?

[1:25:38] You could just, just that condition to say it could be an operator or a caretaker who lives on the property.

[1:25:47] We just want someone to be on the property to maintain that.

[1:25:51] Um, you know, with the application we had last month with the Oens is they were living in the home and that was our biggest biggest piece and wanting to recommend it is they had a someone who was going to be there all the time and this application they've made no

[1:26:08] statement within the narrative that says that they will actually have someone on site. So we wanted to make sure the conditions of approval if you decided to

[1:26:15] adopt the resolution had something in there that would require someone to be on site.

[1:26:19] Should the tourist home be incidental to residential use I thought that still had to be the primary use for that because that not apply here?

[1:26:27] Well, I mean the tourist home is that would be the principal use.

[1:26:32] It's still a single family home has to maintain the looking feel of a single family home.

[1:26:36] But the tourist home it would be allowed as a use of the property.

[1:26:40] So it just has to have the appearance.

[1:26:42] Right, it has to have the appearance of a single family home.

[1:26:44] All right, thank you.

[1:26:46] I just want some clarification.

[1:26:47] I have a problem.

[1:26:48] Okay, any further questions?

[1:26:51] All right.

[1:26:52] Seeing none, we'll open the public room.

[1:26:54] We have Katherine Williams as the applicant's representative, and you have 10 minutes

[1:27:00] for each stage of your name and address.

[1:27:01] Thank you.

[1:27:03] My name is Katherine Williams, and I'm at 4428 Eagle Book Drive Williams.

[1:27:07] And I will apologize.

[1:27:09] Public speaking was the only class I can close to working in high college.

[1:27:18] I think the main reason I'm here is because Ms. Evans can't be, she unfortunately did have a medical condition, who has been in the hospital, or rehab for since May.

[1:27:29] I'm sorry. Is that better?

[1:27:31] Yes.

[1:27:33] And she's been in hospital and or rehab.

[1:27:35] Congress at rehab and since May 9th so she unfortunately can't be here today so I'm speaking on her behalf and a lot of people are kind of curious about how I even got into the mix of this

[1:27:46] I'm actually a life in health insurance broker in case one of my clients she has no family and friends close so we just became friends

[1:27:52] and then when she needed some extra help doing things because of her medical condition she just kind of elicited me for help so

[1:27:59] When she was doing the renovations to the, well let's go back a minute, the first thing I would like to do is to kind of dispel some of the misconceptions of when the seven spot this house that it was for rental property and an investment reason.

[1:28:15] There could be nothing further from the truth of that.

[1:28:18] The day she saw this house, we were driving around in a little antique sports car that I inherited from my mother.

[1:28:22] Because I've lived in Weems for all my life and I wanted to show it to the Israelis and the dog was blooming at the same time.

[1:28:28] She's from the city and so we went, she saw this house, we peaked in the windows, I have a realtor friend who shared with House that she loved it.

[1:28:35] She moved to Weemsburg about 10 years ago and has been living in a house that her mother had purchased with her and her mother's since passed away and the house never suited Kate.

[1:28:44] Her medical condition needs her to be on one floor.

[1:28:46] So she bought this house with the intention and actively did that, pursued selling her house where

[1:28:53] she currently resides.

[1:28:55] Unfortunately, she lives in Governor's land with dues and fees, and the rental market

[1:28:59] is very low in that area.

[1:29:01] So after 12 months, she didn't sell her house.

[1:29:05] The house in Queens Lake had set vacant.

[1:29:08] At that point, she decided to rent her house.

[1:29:10] She was desperate to move to the home that she had purchased.

[1:29:13] So, she went through a lot of renovations in the homes, some color changes, making the side

[1:29:19] box safe.

[1:29:19] The front side walk was probably original to the house, was very kiltered off kilter and was

[1:29:25] not safe for her to walk on without worrying about tripping.

[1:29:29] So that's the biggest premise that I kind of wanted to wait for people who have objected

[1:29:34] to her having this as an Airbnb.

[1:29:37] It was never as a rental property.

[1:29:39] it was to basically recoup some of the funds that she had expended getting the house ready

[1:29:43] for her to move into.

[1:29:47] The other ten seems to be a problem is the vetting of the people that come in.

[1:29:54] Airbnb does have a very stringent vetting process of their own.

[1:29:58] I've personally become...

[1:30:00] Because it's a small community. My brother lives there. I have friends that live there. And we just put things inside the technological part of that. That they can't book a hotel, this hotel, that all, without first, me being able to look at their reviews. If they don't have three wonderful five star reviews, I don't approve them to rent. Someone asked me and said, what if they have one review? And I said, then they don't stay here. We have had nothing but wonderful guests.

[1:30:30] They also have a very large deposit that they know they risk losing, if they do not comply with the house rules and leave it in a manner in which we expect them to do so.

[1:30:42] So there is a stake if you will for them to honor the house rules, the neighborhood community rules, the house rules for the dogs.

[1:30:51] I mean, their house rules, their art animals.

[1:30:53] We know that they have addressing your pet situation.

[1:30:57] We inquire and require proof that they all have valid license as well as up to date on their shots.

[1:31:07] They're only allowed in the front yard and they are required to keep them in the green space as well as pick up their poop.

[1:31:14] And the dogs in the backyard that are currently at the home are Kate's animals.

[1:31:18] And one that is Kate's Katie's, we've got a Catherine of Kate in the Katie's, I know it gets confusing.

[1:31:25] The young woman that does live in the basement, we call it a storage unit to begin with, but it used to be.

[1:31:30] Now it we've revised it so Katie could stay there while Kate did rent her house so she had no place to live and nowhere to put her dogs.

[1:31:38] So her dogs are now at the home and have been there for about a month with Katie doing invisible fence training with them and she does live on the residents.

[1:31:47] Which comes to the other problem that a lot of people have is a crazy party that some of the guests had on one Saturday night.

[1:31:56] Unfortunately, Katie, it being 22, made a very, very bad miscarriage of judgment and had a couple of friends over had a couple of beers too many and just made some stupid decisions.

[1:32:07] They parked on the neighbor's lawn, they were confronted about that, apparently they were very respectful and compliant, moved everything.

[1:32:16] But it was an issue and most people made the natural assumption that it was guests, it was not, it was the tenant.

[1:32:23] The cars and increased traffic, I wanted to kind of address that a little bit.

[1:32:28] Most people come with one car, some come with two, and then KD does have a car, so most we have found it three cars.

[1:32:33] Katie has said that people either leave and go all day or they stay at the house.

[1:32:39] Most of the people that are here with us are just like everybody that lives in Queens Lake.

[1:32:44] Their parents who fly in, that their kids come from Charlottesville in DC to have a family

[1:32:49] reunion.

[1:32:50] Their mothers that fly from Iowa because their daughters graduating from William and Mary.

[1:32:56] We had one that just had a new baby that lived in Richmond, her parents flew in from New Orleans

[1:33:01] to see the new baby. So it's convening of families. The last one we had was five children

[1:33:09] who were homeschooled, and it was their summer project to go to Columbia Williamsburg

[1:33:12] James Town in Yorktown. They visit our local area. They spend money in our local area,

[1:33:18] and I've had every single one of them would have no complaint of any of the guests that we've

[1:33:25] stay with us.

[1:33:29] theft and break ends.

[1:33:31] Um, my personal opinion is, um,

[1:33:34] that's kind of a loot, because the language and

[1:33:35] stance, land rest to think that just because somebody

[1:33:37] doesn't live in your neighborhood, they're going to

[1:33:39] steal your property and break into your homes.

[1:33:41] Um, one comment was, um,

[1:33:43] a young black man in the driveway.

[1:33:45] I hope in 2017, I don't need to approach the

[1:33:49] reason that happened to be.

[1:33:51] Um, some of the guests had talked about the trash bins and

[1:33:54] cycles being out in the street. I think a couple times I had been there on Sunday and did

[1:33:59] move them out a couple days early, but typically that is not the case. We encourage recycling.

[1:34:04] We do have a recycle bin in the house, one outside the garage door, and then we dump it into the bin.

[1:34:09] Trash, they don't have much. We buy the smelly ones and we double bag that and throw it out, so I don't

[1:34:17] think that the trash has been a smelly option for the neighbors. We do want to address what Earl

[1:34:22] It's said about fire extinguishers, there's fire smoke alarms and fire extinguishers on both levels of the home.

[1:34:36] Let's see, I made some notes for the traffic.

[1:34:41] I think that was all that I had made notes.

[1:34:43] What I tried to do is to look at all the complaints that some of the neighbors had,

[1:34:48] and try to address those.

[1:34:49] I have talked to several neighbors on the phone.

[1:34:51] And again, I think the problems that they have,

[1:34:54] address is all misconceptions, perceptions, and unfortunately they're basing their complaints on.

[1:35:00] What basically is a rumor, a perception of something or something they heard from a neighbor, or simply just what they think.

[1:35:07] And most of them, I believe, are not really the case.

[1:35:17] We have any questions for sweeps, Mr. King, sweams,

[1:35:25] your intent or the homeowners' intent is to end this in September 5th.

[1:35:29] Her intent was always to live in this house.

[1:35:33] She, unlike I said, unfortunately, was in the hospital.

[1:35:35] In Christmas, it's time.

[1:35:38] Everybody loves wearing this curtain, Christmas time.

[1:35:40] And somebody had suggested her, why don't you rent your

[1:35:43] your other house?

[1:35:45] Because obviously she had two houses and two more gathers.

[1:35:47] She never planned on carrying two more gathers either.

[1:35:49] Even though she's on a very nice limited income,

[1:35:52] a limited income is still a limited income.

[1:35:55] And she never intended and thought

[1:35:58] with some of the renovations.

[1:35:59] she could recoup some of her money, the neighborhood is beautiful, the house is beautiful and

[1:36:04] everyone is loved it and the reviews were wonderful and so it kind of took off. It was never

[1:36:09] even intended to be accepted through the holidays. When she realized she had a fence for her dogs

[1:36:14] where they were, couldn't rent her house for the seller house, she said, well, why don't we

[1:36:18] air be and be it for a little bit longer? However, the day she found out that she had a three year

[1:36:23] contract on the lease on her house, she's out of there. So even though the Airbnb site you will

[1:36:29] I'll see it online if there's a, I can do the trick, I don't know how to take it down

[1:36:34] on a technological person, I don't know how to take it down and still be able to manage it.

[1:36:39] So you have to stay six days according to the guidelines but I book every single weekend

[1:36:44] I block it off so you fundamentally can't book this space right now and it stopped the

[1:36:49] day she leased her house for three years and that went through September 5th the last person

[1:36:54] is departing on the 5th of September.

[1:36:56] So, how many weeks you have left, rented the class?

[1:36:59] We have, yes, three more guests coming.

[1:37:02] Three more guests.

[1:37:03] You have someone in there today?

[1:37:04] Yes.

[1:37:05] Okay.

[1:37:07] So I'll have this, Chairman.

[1:37:08] Thank you.

[1:37:09] All right.

[1:37:10] Those bills.

[1:37:12] All right.

[1:37:13] A couple of questions if I can.

[1:37:14] I know you addressed most of the questions that you've seen.

[1:37:18] But how about the, I didn't hear you addressed the one from the Queen's

[1:37:22] Lake Community Association.

[1:37:23] I think that's what it is about kayaking on the lake.

[1:37:27] without the owner being present.

[1:37:31] How would you address that and the guests going down to the pool and the

[1:37:36] Well, yes, don't go to the pool.

[1:37:38] They do walk the neighborhood.

[1:37:39] I have told them it's a wonderful neighborhood.

[1:37:41] We don't even walk the house.

[1:37:42] Honestly, sometimes when we're not there and we know guests are coming.

[1:37:45] And I might be running a little late.

[1:37:46] We just leave the door a lot.

[1:37:49] They do kayak.

[1:37:51] I think they are available.

[1:37:53] They're there at the property.

[1:37:55] I've never seen the kids in the lake when I've been there.

[1:37:58] I haven't heard of the kids being in the lake.

[1:38:00] Like I've said, how is your time?

[1:38:01] Because I communicate with these people while they're here also.

[1:38:06] My brother lives in Queens, like my sister takes his kayak all the time.

[1:38:09] He's not home.

[1:38:10] You know, so I guess in my mind, I never thought that was really an issue to be honest.

[1:38:16] I guess you could approach the Queens Lake Community Association and see what you could work out with them.

[1:38:22] Okay, then.

[1:38:24] Secondly, just for general, what's been your occupancy rate since you opened it?

[1:38:27] It's a lot.

[1:38:29] As a matter of fact, my friend helps me flip the house.

[1:38:32] Check out is 11.

[1:38:33] Check in is 3.

[1:38:35] The last three times.

[1:38:36] We've had check out and check in the same day.

[1:38:39] I think between now and end, there's a four day lapse.

[1:38:43] Like a somebody's checking out on Friday and somebody is checking to like the Tuesday.

[1:38:49] But it's a nice house.

[1:38:50] It's serene, it's beautiful, the community is, like I said, people come as a respite, you know,

[1:38:57] everybody talks about the Airbnb isn't close to, you know, tourist and stuff. It's really close,

[1:39:03] as soon as you get out of that funnel of Queens Lake. And that's what people want. They want to

[1:39:07] respite. They want rest. They want to be able to get close to things grocery shopping events. But yet, to be

[1:39:13] able to have family time together. And that's, I would say, 90% probably even more.

[1:39:20] Where it's just been families can be in need together to spend time together.

[1:39:24] Thank you.

[1:39:27] Excuse me.

[1:39:29] Excuse me.

[1:39:29] I had a question.

[1:39:30] It's rather basic.

[1:39:36] Were you aware that a special use permit is required for this operation?

[1:39:42] And when, so it seems like it was an idea that just took off was informal.

[1:39:49] But there had to be some knowledge that the county has some rake, so when was that going to happen?

[1:39:57] Well, I can't address that, I'm sorry.

[1:40:00] I'm going to turn you by profession. She hasn't practiced for a while, but that is her legal profession. She looked when somebody suggested it to her, the woman for neighbors and governors land had suggested it, and she looked into the covenants, and she had joined, and they said it's a voluntary community, but she has joined the Queens Lake, so she had the covenants of Queens Lake. She looked in there, and she looked at the law, and she said, and I'm just going by what she told me, is it was based on community approval, and because her covenants didn't

[1:40:29] not say that she could not.

[1:40:32] She may be in a mistake, made the impression or the understanding

[1:40:36] that she could do it, as long as there were no crevents

[1:40:39] that said she could not.

[1:40:41] The letters that Earl sent, the first one that did come,

[1:40:44] Kate was in the hospital, I did go to the post office

[1:40:48] and because I'm not her, I could not receive her mail.

[1:40:51] When I did talk to him, I said, you know, I understand,

[1:40:54] you don't know me from anybody, but you're not

[1:40:55] going to get her to receive your mail if she can't go

[1:40:57] to the post office.

[1:40:58] So he did send me that letter and at that point he sent me the information about the special use permit the requirements to do so, which I file right away.

[1:41:09] All right, well, thank you.

[1:41:11] Any further questions?

[1:41:14] All right, thank you, Miss Weeps.

[1:41:16] Okay, we have the next folks person will be Ron Kirkland.

[1:41:21] You have three minutes and please state your name and address.

[1:41:29] Chairman John, members of the Planning Commission.

[1:41:31] My name is Ron Kirkland.

[1:41:31] I'm the Executive Director of the Williamsburg Hotel.

[1:41:33] of the Motel Association located in 1915 Boccanas Trail.

[1:41:39] I want to start by saying, I think it's pretty outrageous

[1:41:41] that the applicant has illegally operated as property,

[1:41:45] as a tourist home for quite some time,

[1:41:47] and continues to do so as we learn today.

[1:41:50] The manager is basically saying,

[1:41:52] we're going to continue operating this illegally

[1:41:55] until you make it legal.

[1:41:57] That's, wow.

[1:41:59] I would suggest planning commission not even

[1:42:01] consider the special use permit until the illegal operation ceases, and frankly, the county

[1:42:08] should be taking legal action immediately. Then they have to come to you with clean hands

[1:42:13] and request permission. The mixed use development earlier, I mean, could you imagine if they

[1:42:18] just began construction and built an apartment and started occupying it without your permission?

[1:42:24] It would be outrageous.

[1:42:29] This community in question is 100% residential.

[1:42:32] All of the neighbors are single family dwellings.

[1:42:35] There's a reason that the county spends so much of their time and effort planning communities.

[1:42:41] There's a place where bed and breakfast restaurants, hotels, hairstyles, you name it

[1:42:45] business, is appropriate to operate, and this is not that place.

[1:42:50] There's no compelling need.

[1:42:51] Your county has bed and breakfast hotels, time shares, vacation homes, tours, homes, thousands

[1:42:56] of them that are available right now.

[1:42:59] And those are all operating legally and paying taxes, which do we even know if this property

[1:43:05] pays occupancy taxes, sales taxes?

[1:43:11] Even if you've felt this location more appropriate for a B&B type operation, there's no presence

[1:43:15] of an owner, occupant or resident manager.

[1:43:18] This is an absentee owner management company company situation.

[1:43:23] It's not a situation where the retirees are running out through them to supplement their

[1:43:26] income.

[1:43:26] This is a business in the middle of a family neighborhood.

[1:43:30] York County, it's a great place to live.

[1:43:33] It's got great neighborhoods.

[1:43:34] How long is that going to last with management companies illegally running out the basement

[1:43:38] to a semi-permanent resident, the upstairs, who knows, who's coming and going a simple

[1:43:44] Google search will reveal the horror stories of temporary meth lab, six parties,

[1:43:49] prop up brothels, out of control, raves, parking, traffic, is that what we really

[1:43:55] want on a sleepy horse shoe circle, I think not. On behalf of WHO May we would ask you

[1:44:00] to deny this request today and at any point in the future. Thank you.

[1:44:03] Thank you Mr. Clerk. Next, Christian Haskell.

[1:44:08] Hope I've announced that correct. Yes.

[1:44:11] Christian Pascal, want to do a horseshoe drive, Mr. Chairman and the rest of the committee.

[1:44:15] I appreciate your letting me speak my three minutes here.

[1:44:18] I first would like to address two issues.

[1:44:20] We want to security and one is the apparent disingenuous approach that Mrs. Evans has used.

[1:44:25] The first one is security.

[1:44:27] I want to do a horseshoe drive.

[1:44:29] The property across, for myself, I'm informally responsible for taking care of,

[1:44:33] because the owner passed away and his son owns the property.

[1:44:36] His son comes once a year.

[1:44:37] That means that I can secure that property because I know everyone that lives in this neighborhood.

[1:44:43] When you allow an Airbnb, you allow new faces into the community.

[1:44:47] With new faces into the community, I cannot be sure of who really belongs to that who doesn't.

[1:44:53] This is a security issue for me and I believe from my unpleasant neighbor whose house is vacant.

[1:44:59] Next.

[1:45:00] So I'd like to address the issue of, you can say there's no statistics on crime, but we've had a many crime. One while party, yes, that's by the person who lives down stairs with that's not, that's not a traditional occupant in our sense of the term, one package missing from a UPS package missing from someone's porch, and a break into a part to a sort of garage. Now that may not be a lot to you, but that's a many crime way for our neighborhood who's not seeing anything like that.

[1:45:25] Queen's Lake is a not-a-gated community, but it is a secure community because the neighbors pay attention.

[1:45:32] The other issue I like to address is, and I want to address the issue of Airbnb vetting.

[1:45:36] I would differ what the speaker before, the lady who represents Mississippi's Evans Airbnb doesn't vet.

[1:45:43] Anyone who stated Airbnb knows that.

[1:45:46] Next, I'd like to address the issue of the disingenuousness.

[1:45:49] If you would take the letter that you received from Mrs. Evans and compare it with the July 2017 report by the last occupant of this property, the last Airbnb and the occupant.

[1:46:00] You would see Mrs. Evans says that the guests have been kind and respectful, appreciative families have gathered and been blessed by the experience.

[1:46:08] The last guest says according to the listing, it is supposed to be uninhabited, but we are notified shortly before our stay that it would be inhabited by someone who would be training dogs.

[1:46:16] I would never recommend running this property.

[1:46:18] We have never had a worse vacation.

[1:46:20] I was suggest you were thinking about what you want to share

[1:46:22] this property with unknown people before running IE,

[1:46:25] the person that lives below.

[1:46:27] Mrs. Evans also says that she wants to take care of

[1:46:30] her beloved animals and that's why she can't move in,

[1:46:32] but there are animals there right now.

[1:46:35] The Airbnb person says that they were never told

[1:46:38] that there was someone living in a house below

[1:46:40] and that there was no protection between the apartment below

[1:46:45] and their property, which is why they left early.

[1:46:48] Again, disingenuousness with Airbnb, disingenuousness with a guest, disingenuousness with a community.

[1:46:53] No one was told in the community that they were moving in here.

[1:46:56] The first time I was aware of it was when someone told me that people were using Queens Lake association property without authorization.

[1:47:04] I live on the street. I was never told anything about this.

[1:47:07] Disingenuous, I believe disingenuousness with this commission.

[1:47:12] Therefore, I have no resolve, but to last statement to say that there is no guarantee.

[1:47:20] Thank you, Mr. President.

[1:47:20] There is no guarantee that you will leave.

[1:47:23] Stop writing for every week.

[1:47:26] Diane Howell, it's the next signee to speak.

[1:47:33] Please state your name and address.

[1:47:34] You have three minutes.

[1:47:40] Good evening, gentlemen.

[1:47:41] Thank you for this time.

[1:47:42] I'm Diane Howell and my husband and I have lived on horseshoe for 15 years.

[1:47:47] Earlier this year, we began to notice multiple cars frequently unloading at 125 horseshoe

[1:47:52] and numerous unfamiliar people walking in front of our own home.

[1:47:56] Initially, we thought the new owner had moved in, perhaps.

[1:47:59] She had lots of out-of-town visitors, but different groups kept arriving in the trash cans

[1:48:03] kept staying on the streets for days.

[1:48:06] Then through neighbors and in online search, we learned the home was being operated as an

[1:48:10] Airbnb short-term rental.

[1:48:12] Our primary concern is potential risk to our neighbors and the children in the neighborhood with so many unfamiliar transients coming and going.

[1:48:20] There's no way of knowing who is staying on this property.

[1:48:23] We've already had to deal with an all-night party increased traffic on our narrow streets and unleashed pets.

[1:48:30] Since December we basically had an absentee neighbor who was turned to her home into a mini hotel with transients running the property for just a few days at a time.

[1:48:38] The under's been difficult to locate as the planning staff learned for themselves.

[1:48:44] Leaving neighbors no options beyond a call to law enforcement or animal control to resolve

[1:48:49] problems.

[1:48:50] Not only are we concerned about safety and security, but we're concerned about the impact

[1:48:54] that short-term rentals can have to our property values.

[1:48:58] According to a recent National Realtors Association publication, a single family home or condo

[1:49:03] unit, next door to a short-term rental will take longer to sell and bring in lower

[1:49:08] offers. You never know who your neighbors could be, and that's a classic situation, a property

[1:49:13] stigma, unquote. A residential is on property should be just that, purchasing a home in such

[1:49:20] a neighborhood and turning it into a short-term rental negatively impacts the safety security

[1:49:24] real estate values and the very fabric of our community. While there is substantial financial

[1:49:30] gain for these short-term rental owners, what about the impact to my community? When do the rights

[1:49:36] the neighbors who work for years to buy the American dream, a home and a lovely community,

[1:49:40] get considered. Why should the entire neighborhood suffer so one homeowner can make a profit on

[1:49:46] what the community has built and in doing so tear down the very fabric of what made it such a beautiful

[1:49:51] community to begin with. The business plan for Airbnb and short-term rentals has nothing to do with

[1:49:58] in these neighbors, it's about $1.

[1:50:01] But the neighbors are left to deal with the issues. When my husband retired from the military, we considered coastal property, but didn't want to live around the short-term rentals. We wanted a home where we could establish friendships and get to know our neighbors.

[1:50:15] How does a homeowner have any confidence in the zoning for the neighborhood they want to live in?

[1:50:20] Shouldn't a person who buys and an established residently zone community have the right to expect it to be a neighborhood and not a zone of many hotels?

[1:50:31] The profit motives of these short-term rental companies that owners should not be allowed to diminish our home values are peace of mind in our safety.

[1:50:38] I am urging you to please deny this permit and protect the zoning of Queens Lake.

[1:50:43] Your decision will establish precedent and send a message to others in Queens Lake who may also be considering a permanent application.

[1:50:50] Thank you.

[1:50:52] Thank you.

[1:50:53] The next speaker is Milton Holt.

[1:51:00] I'm Milton Holt, a little bone point laurel place, which, as you saw in the map, is Connector.

[1:51:07] If you drive, there have been a lot of arguments, I think, against why we should not have a tourist rental in Queens Lake.

[1:51:20] My argument is that I do not believe that this is a reasonable use of property.

[1:51:26] I think property owners have the right to enjoy their property in a way that they wish to,

[1:51:33] But I think it has to be reasonable associated with the community in which the property is.

[1:51:39] As many have mentioned, Queen's Lake is a more single-family community.

[1:51:52] And by that, of course, I mean families.

[1:51:55] And with it, on horseshoe drive itself, there are at least three families that have young children.

[1:52:03] And I think that, for this kind of use of the property, in that kind of environment,

[1:52:13] is just not reasonable.

[1:52:15] So I appreciate everybody who listened to on the telephone to our arguments,

[1:52:21] and read the letters that we sent.

[1:52:26] And I would urge you not to approve this proposal.

[1:52:32] Thank you very much.

[1:52:33] Thank you Mr. Holt.

[1:52:36] On the next speaker, sign is Francis Holt.

[1:52:47] I'm Francis Holt, and I live on point laurel place

[1:52:50] with my husband.

[1:52:51] We own two homes on point laurel place.

[1:52:54] Our daughter lives in one.

[1:52:56] You have our letter in which we have expressed our opposition to the tourist home special permit application.

[1:53:07] Whereas we have great empathy with Ms. Evans relative to her medical problems.

[1:53:16] And we understand the rights of a property owner to use and enjoy their property.

[1:53:23] And we also have great concerns about the exercise of the individual rights within the context

[1:53:33] of the community's rights.

[1:53:37] We've lived in Queens Lake for 44 years.

[1:53:41] We're probably the oldest homeowner's to speak tonight.

[1:53:47] We love Queens Lake, we love your county.

[1:53:50] We see many reasons why you should not advocate this proposal.

[1:53:59] They're detailed in our letter, but let me please just summarize them briefly for you.

[1:54:05] First of all, we think this special use permit would be an utterly drastic misuse

[1:54:14] of property in our community.

[1:54:16] We live on a very quiet and beautiful place.

[1:54:23] We have children in the streets.

[1:54:27] We have neighbors walking at night.

[1:54:31] This summer, we have been a part of the number of groups of people walking our streets.

[1:54:38] We do not know these people, and we do not see familiar faces accompanying them.

[1:54:45] And thus, we assume that they are, guess, at the Airbnb.

[1:54:52] We're concerned about safety.

[1:54:54] Some of our neighbors have talked about our recent crime wave.

[1:54:59] This is of great concern.

[1:55:01] We're concerned about amenities. We're an old neighborhood. We were originated in the 50s and built out in the 60s and 70s, 80s, 90s, some new homes even being built today.

[1:55:16] We don't have strict governance or a very strict homeroose association.

[1:55:23] Mezz Evans as a lawyer saw a loophole and took advantage of it, denying this long tradition

[1:55:32] of single family residences.

[1:55:35] In many cases, we have grandparents, dealing to grandchildren, quince-like property.

[1:55:41] So it's a multi-generational quality of life situation.

[1:55:47] We ask you respectfully, do not recommend approval of this special use permit.

[1:55:55] Thank you.

[1:55:56] Thank you for your time comments.

[1:55:59] Next speaker is Nessir Hallio.

[1:56:02] I got to have this.

[1:56:10] Nessim Hallio.

[1:56:12] I'm sorry.

[1:56:13] I live on 127 horse shoe drive.

[1:56:17] which is adjacent to the property in question.

[1:56:25] I am the one probably that Mr. Anderson mentioned,

[1:56:30] who complained first when I realized when I saw

[1:56:35] the advertisement on Airbnb on my phone.

[1:56:41] Now, I've stayed at Airbnb's myself.

[1:56:44] I'm not aware of any kind of vetting that Airbnb does, as long as you pay and give them a credit card.

[1:56:53] You can stay wherever you are.

[1:56:59] Now, the point is that I've lived in Queens Lake for 40 years. This is my 40th year.

[1:57:08] I've raised three children in Queens Lake, they run in the streets, they play, they go to

[1:57:18] the pool, parents do not worry about their safety because it's a community of families

[1:57:27] and most of the families know each other and the kids have their friends play with each other

[1:57:37] It's a Queen's Lake, it's a bird sanctuary, you can see deer,

[1:57:43] you do, it's a very special community.

[1:57:47] It's a family residential community.

[1:57:53] Doing, having an Airbnb, a short-term rental, short-term

[1:57:57] is what I want to stress, is inconsistent with what

[1:58:04] Queen's Lake is, it would change the whole character of Queen's Lake.

[1:58:11] And of course, reduced property values, which supports schools,

[1:58:17] which support a lot of things.

[1:58:21] Now, since for so many months, this has been rented as an Airbnb.

[1:58:28] And nobody came to me and talked to me.

[1:58:33] I live next door.

[1:58:35] I see everybody who comes every few days.

[1:58:39] Number of people come stay.

[1:58:41] They leave.

[1:58:43] Somebody comes to clean sometimes more than one person

[1:58:48] cleaning than a new arrival comes and someone.

[1:58:54] And we don't know who they are at all.

[1:58:59] I've lost a package has disappeared from my porch.

[1:59:05] And I don't know what happened to it.

[1:59:09] But it's the first time that that has happened.

[1:59:14] So I just please don't let Queen's like change.

[1:59:24] Thank you. Thank you.

[1:59:28] On the next speaker is Brooks.

[1:59:35] I do commissioner.

[1:59:38] My name is Tom Brooks.

[1:59:39] I live at 109 Little John Road.

[1:59:42] I serve on the Queens Lake Community Association Board

[1:59:44] on the Vice President Community Affairs Director.

[1:59:46] I'm also a resident of the neighborhood.

[1:59:48] I love Queens Lake.

[1:59:51] I think from all the feedback I've received

[1:59:53] and from what I keep hearing tonight,

[1:59:56] I think it's important not to conflate

[1:59:58] these UBRB and B's with this part

[2:00:00] A particular situation, we're not going to solve. It's pretty obvious to me by the amount of concern that our county is not either made available in obvious to us or lacks easy guidance for someone to even understand, as we sit here and go, what's the relevance of it being closest to our site? Somebody living there or not. What would be the percentage of them that we'd accept in a neighborhood that zone one way or another? It could all of them be, you know, it's not.

[2:00:30] It seems like we're lacking almost a flowchart of what's the appropriate way just to address

[2:00:35] Airbnb's in general.

[2:00:36] And I could see that that's where you get a lot of people going, is this right, is this

[2:00:41] wrong and it's kind of confusing and someone saying, I go on this website, they say,

[2:00:45] wait, my house, great, I'm not going to be destitute now.

[2:00:48] And it seems pretty reasonable to do so.

[2:00:51] So I think we have some issues with Airbnb to look at and just to concept like it and sharing

[2:00:57] economy because frankly, I'd rather not stay in a dingy motel in New Yorktown. I'd rather

[2:01:03] be in someone's beautiful home, cooking in a quiet kitchen, not having someone running

[2:01:07] down the hallways. So I think our sharing economy is leading to some questions we have

[2:01:13] to answer that obviously aren't being done very well. As far as a particular case in hand,

[2:01:19] I'm not sure they're actually technically asking for a permit considering that the permit

[2:01:24] I can't be approved until the intended use of the properties complete.

[2:01:28] I don't know, so maybe it's more a matter of mitigating the violations that have occurred,

[2:01:34] and just trying to be compliant after an honest mistake was made.

[2:01:36] I don't want to impure anyone's motives.

[2:01:39] There's going to be a day when I look forward to meeting Mrs. Evans

[2:01:41] and welcoming her to a neighborhood I love.

[2:01:44] So I don't know why you would approve it simply because the usage

[2:01:49] as stated in the application will be complete by the time you could.

[2:01:53] I mean, that seemed like it's almost not even an actual request, but more of a let's let this go, it was a mistake.

[2:02:01] Otherwise the application isn't honest, right?

[2:02:04] I'm going to be done using it by then.

[2:02:06] You're not going to approve the application to later.

[2:02:09] I'm not sure why you had to prove it, but that doesn't mean this person that we should be sitting here guessing after her motives and intentions.

[2:02:17] And I am sad and as a resident, honestly, by a lot of the complaints I've had, I am not entitled to know who's visiting my neighbor's house.

[2:02:27] My son has been nearly run off the road while skateboarding in our quiet little street.

[2:02:32] By several long-term residence of our neighborhood and often yelled at when he politely exits into our frontage and waves and says, I'm sorry.

[2:02:41] We're not entitled to know everyone around our neighborhood.

[2:02:43] And so I just hope we don't conflate Airbnb's with this particular case, it's two separate issues.

[2:02:49] Thank you.

[2:02:49] Thank you, Mr. Brooks.

[2:02:51] Mark Sowers.

[2:03:09] Dean.

[2:03:10] I'm Mark Sowers.

[2:03:11] We live at 122 horseshoe drive.

[2:03:14] Thank you.

[2:03:16] I'm here to ask the board not to approve Airbnb's in Queens Lake at all.

[2:03:24] We are neighborhood.

[2:03:26] We're not a mixed use community.

[2:03:27] You're carrying, we belong in a colonial area and right now we're going through, we're

[2:03:36] looking at revenue, colonial foundation is asking for ways to make money and light

[2:03:44] Mr. Kirkland just talked about, how eloquent the York County has given hotels and

[2:03:56] motels in our area to accommodate individuals who want to come and be part of cloning

[2:04:04] Williamsburg,

[2:04:10] the revenue that was lost is almost calculated $20,000 for a very

[2:04:17] conservative estimate. They've rented this property since December at $105.00.00.00.

[2:04:27] And you calculate it for just three nights a week.

[2:04:33] It's more than 20,000. Where is that money?

[2:04:37] Is she going to claim it? Should she have gone in and made a business LLC and gone through

[2:04:47] the proper channels,

[2:04:51] we've owned three businesses at 122, and we know we cannot have individuals

[2:04:57] come to our home and do intractor.

[2:05:00] Sign as that in business.

[2:05:03] We've seen so much traffic come through.

[2:05:09] The quietness of our neighborhood

[2:05:11] has been skewed. And we've seen just an increase of individuals coming and going.

[2:05:26] As a general

[2:05:28] I'm looking at as a macroe-looking at Dork County as a whole.

[2:05:36] Airbnb should be designated not in neighborhoods that are established.

[2:05:43] Don't welcome a business to come into a neighborhood and destroy the entity that we have come in.

[2:05:49] We've lived there 14 years and we like the quietness.

[2:05:53] We like knowing the individuals who walk the straits, just like they were talking about, that

[2:06:00] we know our neighbors, we don't know who's across the street, we've witnessed so many

[2:06:06] individuals coming and going.

[2:06:12] They've operated this business to Airbnb legally for seven months.

[2:06:17] Thank you, sir.

[2:06:18] Okay.

[2:06:19] Next week is Elliott Sauer's,

[2:06:24] the stage of the name of the dress, we have to read this.

[2:06:35] I think we've lost that security when we have brought in Airbnb or tourist and whatever you want to call it.

[2:06:49] Other day I went to visit my grandparents and I had a new tire sitting in the back of my truck and I had to move those out of the back of my truck just to feel comfortable.

[2:07:00] I understand that you know maybe people are screened but just like she said one person

[2:07:09] just made one long steak and that one long steak if somebody stole my tires could have

[2:07:15] been $300 out of my pocket and you know Queens Lake is a community I'm looking around

[2:07:23] And I see adults who I really look up to, Mr. Alberts here.

[2:07:29] I'll play with his son, football, basketball, baseball, whatever it is.

[2:07:35] We have friends and we really just enjoyed this community.

[2:07:39] And I think by bringing in an Airbnb and having all these people here coming through the neighborhood,

[2:07:45] we lose just this sense of community and we really cannot trust each other anymore.

[2:07:51] And I'm going to try to get y'all out of here before night to fall, so I'll leave that at that.

[2:07:59] Thank you. Thank you. Well spoken.

[2:08:02] All right, next speaker.

[2:08:06] Rich, let's see, Richard.

[2:08:09] Toat.

[2:08:10] Did I get it right?

[2:08:12] Close.

[2:08:13] My name is Richard Toat. I live at 241 East Queen's Drive.

[2:08:17] We moved Queens Lake four years ago, bought one of the last lots and built a nice home.

[2:08:24] It's our retirement home, spent so much money on it, I can't recoup the cost if I move

[2:08:29] out.

[2:08:30] If I had known this neighborhood had the remotest possibility of having Airbnb and short-term

[2:08:38] rentals, I would have never moved into York County.

[2:08:44] I commiserate with her illness, and I hope she recovers.

[2:08:47] I hope she can move in the Queens Lake and enjoy the community and have good friends.

[2:08:52] But this is not a good idea.

[2:08:55] It's somebody used the word mini hotel, that's what it is.

[2:09:00] It's a business and this is not the residential community.

[2:09:05] If you grant one, others will follow and the community will be on a slippery slope, let alone

[2:09:12] the county and all the other neighborhoods because you'll set precedents.

[2:09:15] you stopped it in 2015 and encouraged you to stop it now and stop it forever.

[2:09:22] It's a quiet community. There's not even any street lights in this community.

[2:09:28] It's one thing to have a long-term rental. There's even provisions in the bylaws for long-term rentals.

[2:09:34] Folks like that fit in because their family types and things like that and we get to know them.

[2:09:39] These numbers won't be exact because I don't know the exact numbers.

[2:09:42] there are about 550 properties, about 450 of them pay dues to the community association.

[2:09:49] And of that 450, well over 330 to 350, are dated and have to pay dues and perpetuity,

[2:09:57] no matter who owns the property.

[2:09:59] So this is...

[2:10:00] Association, while it's loosely run and has words and imperfections, is not something that can go away without changing the deeds.

[2:10:11] So, it's not a fly by night club, okay.

[2:10:16] The lake, in the bylaws, only deeded only do's paying shareholder property owners can use that lake.

[2:10:25] I like that because I pay my dues and I get to go fishing on a great private lake.

[2:10:32] If people use the lake as guests, the member has to be with the guests, that's in the

[2:10:40] by-laws.

[2:10:41] To have people come in and pick up the kayaks and use the lake as against the by-laws and

[2:10:46] the shareholders, the ones that own the community property, which is that lake, they

[2:10:51] should not be on it, people should not fish on it,

[2:10:55] and without being guests of shareholders,

[2:10:58] with the shareholders.

[2:11:02] I urge you to vote no on this.

[2:11:05] It's just not right, and people like me

[2:11:08] might not come to live here.

[2:11:10] Thank you very much.

[2:11:12] Thank you so much.

[2:11:14] Our next speaker is Jeff Otterstein.

[2:11:23] Jeff Otterstein, 142 horseshoe drive,

[2:11:26] The six homes away from the proposed special use permit, Chairman and members of the Commission,

[2:11:34] are your due to vote and deny the applicant for the special use.

[2:11:39] By the owner's own admission, they wrote quiet setting, family feel and apparent safety of the

[2:11:44] community. Those things and attributes really reflect what it is, the residential community, the existing

[2:11:51] are our designation for zoning.

[2:11:54] But of course, this commission and the Board of Supervisors

[2:11:57] has to deal with what the Commonwealth approved SB 1578,

[2:12:02] that which says that the jurisdiction or the decision making

[2:12:06] of allowing short-term rentals is put down to the local level.

[2:12:10] So in therefore case by case basis, it appears

[2:12:13] that this is the form that needs to be utilized.

[2:12:17] We, as residential owners, that is SB 1578's was enacted in the launch of life first.

[2:12:26] That's on the books.

[2:12:28] That's done with.

[2:12:28] So therefore, case by case scenarios will have to be addressed.

[2:12:33] And we as homeowners will be brought up to these commissions repeatedly into this.

[2:12:38] Talk about some statistics.

[2:12:39] There's 24 children on horseshoe drive.

[2:12:41] I am a parent of a very young child.

[2:12:44] If you go another 100 yards, a link to the football field that number doubles, if you take

[2:12:50] that five times the number again, or 24 children, just on horseshoe drive, point

[2:12:55] lower and hunter, the number increases by fold.

[2:13:00] So there's a lot of children in the neighborhood.

[2:13:02] I, as a homeowner and resident, I want to know who's coming and going in my neighborhood

[2:13:06] for lots of reasons.

[2:13:09] This particular special use permit doesn't allow me any comfort or satisfaction of knowing

[2:13:16] who's coming and going.

[2:13:20] And I'm also confused why there is a cease and desist by the commission, excuse me,

[2:13:26] by the county, but yet we heard today that there are still rentals and rentals that are

[2:13:31] going to be occurring up into the point of maybe potential move-in time.

[2:13:35] I'm really concerned with the the real intent there and also you found your county found out first

[2:13:46] notice one out not claim second notice one out not claimed what do you think is going to happen if we I don't I can go in a scenario

[2:13:54] out where we as a homeowner

[2:13:59] we recommend you vote no thank you

[2:14:01] Thank you.

[2:14:02] All right.

[2:14:04] That's the last person I have signed up to speak to this application.

[2:14:07] If there is anyone else who is wishing to speak to this issue,

[2:14:10] please state your name and address and come forward.

[2:14:12] You have three minutes.

[2:14:16] Thank you for allowing me to speak to the board.

[2:14:18] My name is Steve Alberts.

[2:14:19] I live at one, two, three horseshoe with the adjacent address.

[2:14:24] I have been aware of this been going on since the inception.

[2:14:28] I've seen nothing but nice families walking through

[2:14:31] with their dog sometimes. Most of the times with multi-generational. They've been

[2:14:36] concentrating to me. I've never heard anything next door to me that's concerned me. The

[2:14:41] night in question with a party, I saw some cars parked on the side of the street, which also

[2:14:46] happens at any other party that happens in Queens Lake. Drinking happens in Queens Lake.

[2:14:54] Yeah, I have my neighbors to agree with you.

[2:15:01] Yes, in my business, I'm a real estate agent with long and foster. I don't see with the new provisions, the application, starting now in July. I've seen nice families come to Queens Lake for the same reason we live there to spend time with their families. Most of them have been nice families, multi-generational. They can accommodate one hotel room that's $200 a night.

[2:15:30] I just came back from my vacation in Sag Harbor, New York, where we were at an Airbnb.

[2:15:36] We stayed at a residence in a very similar area to Queen's Lake on Long Island.

[2:15:42] It was one of the nicest experiences.

[2:15:44] The neighbors, we met them as well.

[2:15:47] Everybody, it made our trip with our two teenage children.

[2:15:51] Much more, except a nicer event, because we didn't have to share a hotel room with four

[2:15:58] people. I understand that the process has been difficult. I know that, applying for the

[2:16:05] application, I have met all the people that Katie Kathy, the assorted people when they were

[2:16:17] moving in. I saw them do all the renovations to the house. I knew that they were playing

[2:16:25] We live there, medical conditions prevented that, I understand that as well.

[2:16:32] I will be the first one to step up and say, this is a problem, if I saw a problem.

[2:16:38] What I can tell you for the so-called boogieman effect here of the crimes, we're also having

[2:16:45] a lot of contract work with the sewer system.

[2:16:48] There are a lot of contractors coming and going, there are a lot of people I don't know,

[2:16:51] their public streets until I can be also to address the real estate markets in the last nine

[2:17:01] months I've seen a spike in prices and queens like rising and shorter time on market so if

[2:17:09] you want to say that this is destroying the community and the values of the home that's incorrect.

[2:17:17] I vote yes on it until there is a problem I'll be the first one to step up if I see a problem

[2:17:22] But I have not seen that.

[2:17:24] Thank you.

[2:17:26] Anyone else wish to speak?

[2:17:28] Please state your name and address.

[2:17:30] I have three minutes.

[2:17:37] So I'm Lauren and Artowitch.

[2:17:39] I'm at 2111 West Queens.

[2:17:41] I do.

[2:17:41] I'm a member of the Board of Trustees.

[2:17:45] But just to clarify, we are not coming as members or speaking for the Board of Trustees,

[2:17:50] as we have taken no action on this issue.

[2:17:54] So we're speaking as private homeowners.

[2:17:55] I just wanted to clarify that.

[2:17:57] As a member of the trustees, however, we have an overall concern about the use of our

[2:18:02] amenities, which include a playground, tennis courts, ball fields, Marina, the lake, all the common areas,

[2:18:11] are paid for with the deities, the deities and the deities of membership.

[2:18:17] And you are not allowed to use those amenities without a member present.

[2:18:22] You can't go on to the lake and you can't use those kayaks.

[2:18:26] So there's a question about liability there, and also transient residents don't have quite the same loyalty or concern about disruption and damage as they will be gone within a few days.

[2:18:39] So that we have to contend with as well.

[2:18:41] Now I understand, I didn't know, I didn't know, but when Mr. Hogue knocked on our door on a Monday morning because my husband had built our new shed to close to the property line.

[2:18:53] we had to be double. There was no excuse. A mistake not knowing is not an excuse. And for

[2:19:01] this to continue, it's unfair for the rest of the residents have gone through the legal

[2:19:05] process. I don't know. I don't live on horseshoe, but I do know that it's a very tight street.

[2:19:13] The residents, I've seen them out to dinner together at restaurants. They take up full

[2:19:17] They get together and this is caused a lot of stress and a lot of disruption.

[2:19:24] It's akin to a business opening, a shop up in a neighborhood and no one is manning the store.

[2:19:31] There's a provision if you do accept it that she has to be present, but who will monitor that?

[2:19:36] Who will monitor that? Somebody's in that house? Who will monitor who's coming and going?

[2:19:42] As I said, the transient renters don't have the same concern.

[2:19:46] They don't have, and we have lived there, 19 years, and I'm one of the new ones, believe it or not.

[2:19:51] We have residents who've been there 45 and 50 years, putting down roots.

[2:19:57] And we want that old-fashioned feel where our kids can ride.

[2:20:00] We have fire engines in the parade on Queens Lake Day, and neighbors are watching out for each other and for our elderly. I just don't think that we should make this something that becomes more acceptable down the line.

[2:20:16] I don't think that we should honor anybody who is operating illegally.

[2:20:22] We've been there when people have knocked on doors. Mr. Hogue is out in force. We love him, but we see him coming.

[2:20:28] And there is, I don't think not knowing as an excuse, because if they had ever called

[2:20:34] the clubhouse, they would have known.

[2:20:36] And I was there when Renter is called to see what they could use in our neighborhoods.

[2:20:40] So they're not being told.

[2:20:41] I don't think the veracity is everything it should be.

[2:20:44] I ask you to please deny this application.

[2:20:46] Thank you.

[2:20:47] Very much.

[2:20:49] All right.

[2:20:49] Is there anyone else wishing to speak of this application before we close this portion

[2:20:53] of the public here?

[2:20:56] This thing, we need back before the permission for economists.

[2:21:00] Let's go ahead and let's go.

[2:21:02] Just a few of this stuff.

[2:21:03] You know, it's not really a best sign.

[2:21:06] I'm going to start now.

[2:21:07] Okay.

[2:21:09] I think a community spirit and their, their,

[2:21:16] what they wish is the main thing that I look upon on this application.

[2:21:22] And it is a quiet neighborhood, certainly I know Queens Lake.

[2:21:30] I just don't see a short-term rental tourstone to be consistent with the community of Queens

[2:21:41] Lake.

[2:21:47] Yeah, I've wrestled with this petition, this issue P for several weeks now, and the rights

[2:21:55] of an individual versus rights of a community in which should prevail.

[2:22:00] And I started looking at it and I started looking at the criteria and that it's in the

[2:22:04] county thing and there could be arguments plus or minus against the seven or so criteria

[2:22:10] that's in there.

[2:22:12] But in my, as I look at them, I believe that you could have an Airbnb that meets these criteria

[2:22:22] and also complies with the community.

[2:22:28] There are some things I think the owner ought to do,

[2:22:33] and one is some of the things that you live on the premises,

[2:22:37] work or abide by the Queen's Lake Association rules

[2:22:41] about using the lake and the amenities and all those kinds of things.

[2:22:45] So I think that needs to be worked out somehow

[2:22:49] And in work with the community on that, so I'm rather in favor of having this A-B-B.

[2:22:57] It's true.

[2:23:01] I very much understand the many of the residents of the community who are concerned about this.

[2:23:11] Single family, neighborhood,

[2:23:15] the residents have a lot of restrictions on them.

[2:23:18] In County Code, and you can't just run out of a large apartment or something without it.

[2:23:23] coming for this board for special use permit.

[2:23:26] And it is a special use permit.

[2:23:30] And the county has recognized that there may be areas

[2:23:34] in the county, which this would be appropriate.

[2:23:38] We have done some tourist, very important tourist areas

[2:23:42] in the county.

[2:23:44] But I don't think a residential neighborhood

[2:23:47] with the Jean-Crit-Wine streets, but multigenerational,

[2:23:52] So lots of kids is the appropriate kind of place for it, so I could not support the

[2:23:58] exact location.

[2:24:01] I'm empathetic with miss seven situation and being in a hospital and everything.

[2:24:06] I really am.

[2:24:08] However, I just can't get over the fact that she doesn't live in the house and she hasn't been

[2:24:13] a resident of the neighborhood to get to know everyone.

[2:24:17] I think that's a major requirement.

[2:24:18] I understand it's a financial investment for her, however, I don't believe that the neighborhood

[2:24:24] has responsibility to subsidize the impact to make this is evidence financial situation all over.

[2:24:31] I also don't.

[2:24:33] There's no guarantee that after September 5th, it's going to cease.

[2:24:37] It's the words who rise or approves this.

[2:24:39] Then this can continue indefinitely.

[2:24:42] I understand if the staff is mentioned on a yearly renewal basis or something of that nature.

[2:24:47] But I don't have much confidence that this is a public situation for this need of a lot of people and you can answer.

[2:24:57] My point of view is more fundamental.

[2:25:01] This operation does not have a special use permit. The request is to give the more time to operate outside of the county's regulations.

[2:25:17] It's illegal. So I can't just fundamentally permit just to get all the other stuff. I'm seeing so why would we extend more time for an operation that's not compliant.

[2:25:29] I think that's the bottom line because we use blue comments in here.

[2:25:33] That's my position on this.

[2:25:35] And I think it's the right one.

[2:25:37] I've heard everything.

[2:25:40] But I keep going back to the guidelines that we have.

[2:25:43] And even we're going to stand by them.

[2:25:45] Oh, we're not.

[2:25:46] So you can't, you know, when this was a violation,

[2:25:49] I think the countdown for a season should have started then.

[2:25:56] So, that's how I view this and I'm on the end and discussion was just really nothing else to say, that's it.

[2:26:04] So, we have any further discussion, are we ready to entertain motion?

[2:26:18] Mr. Chairman, I move to bring to vote PC 1722 for approval.

[2:26:31] Resolution number PC 17-22 to authorize a tourist home in an existing single-family detached home at 125 horseshoe drive

[2:26:43] Mr. Titus

[2:26:45] Yes

[2:26:45] Mr. Phillips

[2:26:47] No

[2:26:48] Mr. King

[2:26:49] No

[2:26:50] Mr. Peterman

[2:26:52] No

[2:26:53] Mr. Johns

[2:26:55] No

[2:26:55] The motion fails

[2:26:57] This one to four.

[2:26:59] All right, this will go before the board September 19th.

[2:27:02] I believe.

[2:27:02] September 19th.

[2:27:04] This one is to go to the board.

[2:27:05] They make the final decision.

[2:27:07] This ends at part of the portion of the board here.

[2:27:11] And we will go to the next item on the agenda.

[2:27:13] We'll wait for the room to clear a little bit.

[2:27:18] I got time.

[2:27:19] Thank you.

[2:27:20] Yes.

[2:27:24] We'll take a five minute break.

[2:27:41] Take a look five minutes.

[2:27:43] If I'm in a breather.

[2:33:45] Please entase him by Mr. Carter. Thank you, Mr. Chairman. Actually, you have two applications that we briefed in the same

[2:33:52] memorandum, and we've recommended that you have a separate public hearing and a separate action on each one.

[2:33:57] You have two resolutions before tonight. This is sort of an annual affair when we come to the Commission

[2:34:02] in the board with proposed amendments to catch up with state code changes, as well as to address things that

[2:34:08] have come up during the year in the administration of the ordinance, things that we've noticed in the

[2:34:13] that needs to be clarified or missing phrases or whatnot.

[2:34:18] So what you have is sort of a mismatch of various types of things in this package.

[2:34:24] It's been suggested that in the interest of time,

[2:34:27] I might just stop here and say, are there questions?

[2:34:29] But I think you're probably a few things that I like to specifically mention.

[2:34:33] And then I'll say, are there questions?

[2:34:36] One of the things to catch up with state code changes,

[2:34:39] deals with changes that were first added to the state code back

[2:34:43] In 2009, as we were coming out of the recession, when the General Assembly decided to give

[2:34:49] a longer period of validity for various types of plans or plan approvals or use permits

[2:34:54] or whatnot.

[2:34:55] started out as those things that were valid as of January 1st 2000.

[2:35:00] In the nine, we're automatically deemed to be valid, at least until 2011, that it changed to 2014, and 2017.

[2:35:08] And now the latest code change says anything that was valid as of January 1st, 2017, remains valid until 2020.

[2:35:16] And so that's reflected in some changes in both the subdivision ordinance and the zoning ordinance.

[2:35:22] And you have those sections listed in your two packages.

[2:35:26] Another thing I want to mention moving on from the subdivision ordinance, the other things in the subdivision ordinance or minor clarification, just administrative types of things.

[2:35:36] In the zoning ordinance, we are proposing to add some language to the definition of manufactured home, again, to reflect a change in the state code.

[2:35:44] And this is to pick up language that specifically says that a park model RV is not considered to be a manufactured home.

[2:35:52] In another word for park model RV is tiny house.

[2:35:56] And for those of you who may have followed events in the county over the past couple years,

[2:36:00] we have had some experience with tiny houses and we have taken the position and now the general assembly

[2:36:06] has taken it in this legislation that a park model RV is not in fact a manufactured home,

[2:36:12] which is the position the county has taken.

[2:36:15] So we want to reflect that in the definition.

[2:36:19] We also are proposing some additions in the proper

[2:36:25] and the conditional zoning section.

[2:36:27] Again, to pick up some language in the state code,

[2:36:29] you've heard about the changes that strengthen

[2:36:32] or make more strict.

[2:36:34] The guidelines for accepting profits,

[2:36:36] the reasonableness test.

[2:36:39] And so we're simply referencing the specific section of the state code that deals with those

[2:36:46] provisions, and also at the recommendation of the county attorney adding some language

[2:36:51] that would require and put the responsibility on the applicant of demonstrating and documenting

[2:36:56] the nexus or the relationship between their proper and the specific impacts that their

[2:37:02] project is projected to have on the county's infrastructure or public facilities.

[2:37:06] and so that language is designed to give the applicants and guidelines as to what specific

[2:37:12] things they need to address in their submission along with their professors.

[2:37:16] And that's on page 2 and 3 of the zoning ordinance resolution, which is PC-17-24.

[2:37:25] On page 4 also in section 200, we're recommending some language, just to clarify that in

[2:37:34] case of an agricultural use that is the principle use of a property, it's okay to have an

[2:37:39] accessory residential use and this is something that came up in a court case that we

[2:37:43] argued that our ordinance already allows that. But again, to clarify that fact we're proposing

[2:37:49] some language that specifically says that. On page 7, we are recommending at the recommendation

[2:37:59] of economic development authority that auto body paint shops be allowed as a special use permit

[2:38:08] activity in the economic opportunity district. And there it's a matter of looking at an

[2:38:12] inconsistency in the ordinance, repair garages are allowed by use permit in the EO district,

[2:38:18] but not an auto body shop. So we thought it makes sense to at least provide the opportunity for

[2:38:24] somebody to apply for that use permit and ask for that to be considered.

[2:38:29] On page 8 in section 379, we're recommending that the Route 17 corridor revitalization overlay district be renamed as the commercial corridor revitalization overlay district so that it could also include

[2:38:45] paramact trail bypass road in Richmond Road, along with Route 17.

[2:38:50] This is basically a district provision that provides some flexibility for lots that are very small,

[2:38:57] whether by area or by width, or that have buildings that do not need to current setback requirements

[2:39:05] in some way or another are challenged because of that.

[2:39:09] And finally, it also applies to lots or properties that have been declared blighted by the economic development of the story.

[2:39:17] So it's a way to give some flexibility to encourage redevelopment of challenge properties in our commercial quarters.

[2:39:22] And not only Route 17 has some of those properties, but also by past Merrimack and Richmond Raid.

[2:39:28] That's the question on that, sir.

[2:39:30] The old Philip Morris building on Route 143 with that help promote that problem.

[2:39:37] So that property is way bigger than these minimum guidelines in terms of area and width.

[2:39:45] This would apply to, for example, lots that are smaller than 20,000 square feet or narrower than 80 feet,

[2:39:54] which presents some challenges in terms of needing some of the other ordinary requirements.

[2:40:00] And with that, I will say, are there questions?

[2:40:06] I'm on that issue of banning Route 60 and 143. Has it been any comment about this by business owners at all?

[2:40:16] Yes, sir.

[2:40:23] So if there are no questions, we would certainly recommend a that you open a hearing on each of these and b that you adopt the two resolutions that are before you to recommend these changes to the Board of Civilizers.

[2:40:36] Okay. Thank you. We have anyone else wishing to speak. I think we have to go through

[2:40:47] these separately. Okay. So let's first look at application ST-23-17.

[2:41:02] And let's

[2:41:03] to the close that part of the Commission for discussion.

[2:41:12] I have done a discussion with Chairman, but if the Commission's pleasure

[2:41:15] would recommend, thank you recommendation.

[2:41:20] I'd like to move the subdivision ordinance changes.

[2:41:25] Resolution PC-17-23.

[2:41:28] Recommend approval.

[2:41:30] The motion by Mr. King is to adopt resolution number of PC-17-23.

[2:41:35] to amend the York County subdivision ordinance to revise various provisions and to include certain changes to reflect revisions in the Code of Virginia.

[2:41:46] Mr. Peterman.

[2:41:48] Mr. King.

[2:41:49] Yes.

[2:41:50] Mr. Phillips.

[2:41:52] Mr. Titus.

[2:41:53] Yes.

[2:41:54] Mr. Johns.

[2:41:55] Yes.

[2:41:56] The motion passes five to zero.

[2:41:58] We

[2:42:02] will open a discussion for application on the ZT-175-175 public here.

[2:42:12] Oh, we've got a lot of people out there tonight.

[2:42:15] Let's see.

[2:42:17] Okay.

[2:42:18] See that they're too shy to come forward.

[2:42:21] Oh, further up.

[2:42:22] We'll close that portion of the public here.

[2:42:24] I'll bring it back to the commission.

[2:42:27] Any comments?

[2:42:29] Mr. Chairman.

[2:42:29] there's no further discussion. I'll recommend to commission recommend approval of PC-17-24 changes to the zoning ordinance.

[2:42:44] The motion by Mr. King is to adopt resolution number PC-17-24 to amend the York County's zoning ordinance to revise various provisions and to include certain changes to reflect revisions.

[2:42:59] to the Code of Virginia, Mr. King?

[2:43:04] Mr. Phillips?

[2:43:05] Yes.

[2:43:05] Mr. Titus?

[2:43:06] Yes.

[2:43:07] Mr. Peterman?

[2:43:09] Yes.

[2:43:10] Mr. John's.

[2:43:11] Yes.

[2:43:12] The motion passes five to zero.

[2:43:15] All right, thank you.

[2:43:16] The next item only agenda is old business.

[2:43:22] New business?

[2:43:25] Staff reports and recent actions by the Board of Civilizers.

[2:43:28] Thank you, Mr. Chairman. You have the gentleman.

[2:43:30] Secretary Gordon, the front of you last month, the board approve of the two towing service

[2:43:35] in town auto storage yards.

[2:43:39] And the application to establish a bed and breakfast in Dandy was postponed at the request

[2:43:47] of the applicant coming up next week.

[2:43:51] The board will consider the proposed senior housing facility on Victory Boulevard, along

[2:43:59] with the horse-stable application that we had on New York Town Road several months ago.

[2:44:07] That will also come before the board next week.

[2:44:10] And the proposed solar facilities ordinance that you all considered last month is also going to be on next week's agenda.

[2:44:21] The Airbnb application on plantation drives that you all considered last month has been withdrawn by the applicant.

[2:44:27] So those are the applications we do have an application next month for another Airbnb just off of

[2:44:43] covered lane in the upper county.

[2:44:46] E-dale, E-dale, one-thirty E-dale,

[2:44:49] Avenue is the, is the address.

[2:44:56] And that's all I have.

[2:45:00] Commitment reports,

[2:45:05] commission reports every quest.

[2:45:11] I'll see you now, full calls for adjourned, the sense to be dead.

[2:45:15] Public hearing.

Planning Commission - Aug 9th, 2017

Agenda

Transcript