1 00:11:02,000 --> 00:11:09,140 And the same protocol will follow with the green light, the yellow light, and the red light. At the end of the presentations, 2 00:11:10,020 --> 00:11:14,760 there will not be an opportunity for me to bottle if you disagree with somebody who will come back before the commission. 3 00:11:15,300 --> 00:11:17,780 And then we will discuss and have an input from there. 4 00:11:18,080 --> 00:11:24,420 All right, thank you. Right, since seeing we don't have any citizen comments now, we will open the public hearing. 5 00:11:34,690 --> 00:11:39,890 Thank you, Mr. Chairman. Application PD-4517, like foot development. 6 00:11:39,890 --> 00:11:47,290 So, an application to request many of the York County Zooey Mac by reclassifying approximately 7 00:11:47,290 --> 00:11:53,630 22.4 acres of land from economic opportunity to plan development, mixed use, subject to 8 00:11:53,630 --> 00:11:55,370 voluntarily-property conditions. 9 00:11:55,630 --> 00:12:01,950 For the purpose of establishing a mixed use development, consisting of 276 apartment units and 10 00:12:01,950 --> 00:12:05,910 up to 20,000 square feet of commercial storage space. 11 00:12:08,090 --> 00:12:17,210 Cepacinity map of the property, the applicant's properties are outlined in red, main front 12 00:12:17,210 --> 00:12:25,390 on light foot road and the rear on Route 1, 99, homosign parkway, and then on the west side 13 00:12:25,390 --> 00:12:27,930 front on to Old McMortown Road. 14 00:12:29,130 --> 00:12:38,070 Surrounding uses are for the most part commercial driving range across the street and then 15 00:12:39,050 --> 00:12:48,010 Make it property on the other side of Old Mortown Road to their west, recently had an approval for warehouses on that property. 16 00:12:49,470 --> 00:12:54,910 Beyond that, beyond the railroad tracks, two gas stations, car sales, and another shopping center. 17 00:12:55,990 --> 00:13:00,230 The blue dash line is the James City County line. 18 00:13:00,770 --> 00:13:06,110 Beyond Richmond Road, James City, there's a mix of residential and commercial uses. 19 00:13:07,150 --> 00:13:12,850 The existing buildings on the applicant's property are all houses that would be demolished 20 00:13:12,850 --> 00:13:15,810 to remove from the property as part of the application. 21 00:13:16,550 --> 00:13:23,010 Also subject to a 150-foot wide dominion energy power easement, parallel to Old 22 00:13:23,010 --> 00:13:23,850 More Town Road. 23 00:13:28,410 --> 00:13:33,150 So zoning map of the area, the applicant's property and all surrounding properties are 24 00:13:33,150 --> 00:13:38,370 owned economic opportunity, the other side of the railroad tracks is General Business, 25 00:13:38,850 --> 00:13:46,990 GB, and the James City County side are a mix of residential and commercial uses. 26 00:13:49,930 --> 00:13:54,870 Properties also subject to green belt buffers for both lightfoot road and route 199, 27 00:13:55,430 --> 00:13:56,750 cross-tached and green. 28 00:13:58,550 --> 00:14:03,530 Lightfoot road also subject to tour's corridor management overlay provisions, 29 00:14:03,530 --> 00:14:13,850 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. 30 00:14:14,730 --> 00:14:33,030 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 31 00:14:33,030 --> 00:14:38,930 retail, office, and residential uses, different types of residential uses to include detached, 32 00:14:38,930 --> 00:14:45,550 attached, and apartment uses, all within relatively compact development under a unified 33 00:14:45,550 --> 00:14:46,790 master plan. 34 00:14:49,350 --> 00:14:50,990 It's an aerial of the area. 35 00:14:51,410 --> 00:14:54,890 Again, the applicant's properties are outlined in blue. 36 00:14:57,270 --> 00:14:59,910 Route 199 down to the south. 37 00:15:00,080 --> 00:15:09,000 And note that there is heavily wooded areas along the southern and eastern property borders of the property of a health buffer route 199. 38 00:15:13,170 --> 00:15:23,830 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. 39 00:15:25,110 --> 00:15:30,830 Look in the opposite direction, down-light-foot road, that's hold-more-town road to the right. 40 00:15:31,090 --> 00:15:34,690 The house there is one of the houses that would be removed on the applicant's property. 41 00:15:35,230 --> 00:15:39,150 The white building to the left is the driving range that's across the street. 42 00:15:41,010 --> 00:15:47,210 This is a property that is slated for warehouse uses, you can just see old-more-town road there. 43 00:15:50,250 --> 00:15:55,790 This is old-more-town road at the Route 99 overpass to the rear of the property and see 44 00:15:55,790 --> 00:16:03,170 noted heavy landscaping heavy tree cover there that I noted. And this is on old 45 00:16:03,170 --> 00:16:08,630 more town road facing toward lightfoot. The white building there is the 46 00:16:08,630 --> 00:16:12,330 batting cages and driving range. Applicants property to the right. 47 00:16:13,370 --> 00:16:18,250 He's just looking at it from front. These are two of the houses that would be 48 00:16:18,250 --> 00:16:24,150 removed on the applicant's properties. Lightfoot crossing shopping center and 49 00:16:24,150 --> 00:16:31,870 just to the east, and this is the shot, the building there is the back of the Williamsburg 50 00:16:31,870 --> 00:16:38,790 Outlet, Williamsburg Antique Mall, just to show the heavily wooded area there between the two properties. 51 00:16:40,950 --> 00:16:46,390 Project summaries, I mentioned 22.4 acres overall, 18.3 of those are 52 00:16:46,390 --> 00:16:50,990 available once you deduct out the area under the power 53 00:16:50,990 --> 00:16:51,710 easement. 54 00:16:52,490 --> 00:16:58,130 They are proposing 276 apartment units in which for this acreage 55 00:16:58,130 --> 00:17:02,470 would equate to a density of 15.1 units per acre. 56 00:17:03,370 --> 00:17:06,130 Parvans would be a mix of one, two, and three bedroom units 57 00:17:06,130 --> 00:17:07,870 spread out in 13 buildings. 58 00:17:08,410 --> 00:17:11,430 They're also proposing a 500 square foot clubhouse 59 00:17:11,430 --> 00:17:15,030 outdoor pool in Pavilion area associated with the apartments. 60 00:17:15,870 --> 00:17:21,510 and four commercial buildings for a totaling 20 up to 20,000 square feet of 61 00:17:21,510 --> 00:17:22,430 flora area. 62 00:17:25,310 --> 00:17:31,070 Area required to have 10% of the gross area for open space and they have provided two and 63 00:17:31,070 --> 00:17:36,950 half acres or 11% would include both passive and active recreation areas. 64 00:17:38,130 --> 00:17:43,550 Three entrances, the main entrances on lightfoot road, two additional entrances on two old 65 00:17:43,550 --> 00:17:44,490 more town road. 66 00:17:45,900 --> 00:17:49,840 This is a layout plan, supplied by the applicant. 67 00:17:51,200 --> 00:17:53,580 The gray are the 13 buildings. 68 00:17:54,180 --> 00:17:56,520 Commercial buildings up on lightfoot road. 69 00:17:56,700 --> 00:17:58,900 They would be centered toward the main entry way. 70 00:18:00,100 --> 00:18:03,960 And then down in the apartment complex section, 71 00:18:04,480 --> 00:18:08,190 there would be a clubhouse and then pool and pavilion area. 72 00:18:12,420 --> 00:18:14,820 Some more detailed layout plan. 73 00:18:15,820 --> 00:18:22,680 In red, our road improvements that would be needed that they are proposing for light-foot road 74 00:18:22,680 --> 00:18:26,840 that would need to be turned lanes and turn tapers on either side of the main driveway. 75 00:18:28,020 --> 00:18:31,860 The yellow cross-touch area is the proposed open space. 76 00:18:33,460 --> 00:18:41,860 Infiltration yards for stormwater runoff are shown in pink and again note the dominion power 77 00:18:41,860 --> 00:18:44,700 management off to the west end of the property. 78 00:18:49,130 --> 00:18:51,710 Architectural elevations submitted by the applicant. 79 00:18:51,950 --> 00:18:53,670 They have indicated this is for the apartments. 80 00:18:54,010 --> 00:18:56,750 They would be a mix of hardy plank and faux stone. 81 00:18:58,930 --> 00:19:03,170 They would conform to tourist corridor management provisions 82 00:19:04,010 --> 00:19:08,490 as far as the architecture and materials and colors go. 83 00:19:09,750 --> 00:19:13,590 These are conceptual drawings for restaurants, restaurant buildings, 84 00:19:13,590 --> 00:19:20,450 and conceptual drawings for office and other commercial areas, and note that they are all 85 00:19:20,450 --> 00:19:23,750 coordinated as far as the facade and materials go. 86 00:19:27,280 --> 00:19:29,060 Applicants submitted a traffic impact 87 00:19:29,060 --> 00:19:38,080 analysis indicates that the development would result with an additional 3,038 vehicle trips, 88 00:19:38,080 --> 00:19:45,920 average vehicle trips per day, 2016 VDOT traffic counts for life-foot road average daily trips 89 00:19:45,920 --> 00:19:51,660 is 9800 so that would be a fairly significant increase in traffic from the development. 90 00:19:53,680 --> 00:19:59,260 As I mentioned, turn lanes and turn tapers are needed for the life-foot road entrance and 91 00:19:59,260 --> 00:19:59,840 are proposing. 92 00:20:00,210 --> 00:20:01,390 On their plans. 93 00:20:03,490 --> 00:20:08,910 The impact analysis also took into account level service impacts. Those are 94 00:20:08,910 --> 00:20:16,970 a measurement of how well intersections and roads function as far as traffic goes with respect to congestion, 95 00:20:17,710 --> 00:20:24,610 long queue times at intersections, safety, et cetera. The grey drawn from A, which would be complete 96 00:20:24,610 --> 00:20:32,570 free flow, no impacts to a level service F, which would be a complete failure of the intersection 97 00:20:32,570 --> 00:20:33,490 or the road. 98 00:20:34,550 --> 00:20:40,470 The applicant noted that the intersection surrounding the development all would have acceptable 99 00:20:40,470 --> 00:20:44,390 level of service, which is up to CRD. 100 00:20:44,930 --> 00:20:52,570 However, there are two intersection lanes into the intersections where there would be a level 101 00:20:52,570 --> 00:20:57,950 the service that would drop from CDE, that would be a Northbound Omortown Road at Lightfoot, 102 00:20:58,730 --> 00:21:03,510 and then the Westbound section of the More Town Williamsburg Pottery and Lightfoot roads, 103 00:21:03,530 --> 00:21:11,230 both of those legs would deteriorate from the CDOE according to their traffic study. 104 00:21:14,380 --> 00:21:17,260 I'm looking also submitted a fiscal impact analysis. 105 00:21:17,260 --> 00:21:30,160 indicates a net revenue, 7,225 dollars, annual costs, 411,375, and this is at build out, with 106 00:21:30,160 --> 00:21:35,300 having a positive fiscal impact of $294,900. 107 00:21:36,980 --> 00:21:44,140 Department grants would average about $1,300, and according to the applicant's analysis, 108 00:21:44,140 --> 00:21:56,780 average household income would need to be 90,925 for that rental amount or 85% of the 2018 109 00:21:56,780 --> 00:21:58,520 average household income. 110 00:22:01,370 --> 00:22:08,350 Also announced, analyze school impacts as a result of the apartment part of the development. 111 00:22:09,090 --> 00:22:13,670 This site is in the attendance zones for Waller Mill Elementary, Queens Lake Middle School 112 00:22:13,670 --> 00:22:14,970 and Bruton High School. 113 00:22:14,970 --> 00:22:21,150 If you take into account future development in these attendants zones that would include 114 00:22:22,050 --> 00:22:26,610 resownings that have been approved and also development plans for which site plans or 115 00:22:26,610 --> 00:22:33,870 construction is also started, we would have future capacity shortfalls in both Waller 116 00:22:33,870 --> 00:22:37,390 Mill Elementary School and Queen's Lake Middle School. 117 00:22:38,050 --> 00:22:44,010 I do want to note that the analysis, these are staffs, numbers did include development of 118 00:22:44,010 --> 00:22:48,410 Cloning Wavesburg property off of bypass road in 132. 119 00:22:48,870 --> 00:22:50,310 It had a development approval. 120 00:22:50,610 --> 00:22:51,370 It was some time ago. 121 00:22:51,470 --> 00:22:55,470 The applicant did not include it as part of their 122 00:22:55,470 --> 00:22:58,630 proper analysis, because they felt it was too speculative. 123 00:23:02,380 --> 00:23:05,140 So, Charc, I'm showing the three different school districts 124 00:23:06,000 --> 00:23:08,840 and their capacities, Waller Mill, 125 00:23:09,340 --> 00:23:13,160 would have, has a capacity to add 160 students. 126 00:23:13,160 --> 00:23:20,920 Queensland could add up to 219 before hitting capacity and brutal up to 470. 127 00:23:21,820 --> 00:23:27,980 When you take into account the potential future students, as well as resownings like 128 00:23:27,980 --> 00:23:35,100 Arbordale and then this application, and so I noted you would see a shortfall in both 129 00:23:35,100 --> 00:23:36,620 Wallerville and Queensland. 130 00:23:36,620 --> 00:23:37,780 The 131 00:23:41,360 --> 00:23:47,960 applicant has voluntary, voluntarily-proford, per unit contributions toward their portion 132 00:23:47,960 --> 00:23:55,920 of impacts to the schools, Wallermell Elementary, toward classroom space, 643, 896. 133 00:23:56,560 --> 00:24:03,400 They also indicated what resulted in a need for one regular bus in a special needs bus, 134 00:24:08,760 --> 00:24:08,760 which 135 00:24:08,760 --> 00:24:12,660 of $2,645 in 45 cents. 136 00:24:17,000 --> 00:24:21,600 I'd like to review the planned development mixed use, 137 00:24:22,080 --> 00:24:22,880 district objective, 138 00:24:25,140 --> 00:24:27,720 development objectives from the zoning ordinance. 139 00:24:29,380 --> 00:24:32,740 Efficient use of land within increased density's concentration 140 00:24:32,740 --> 00:24:37,640 of units should be a mix of shopping, office, cultural recreation, 141 00:24:38,060 --> 00:24:38,960 residential uses. 142 00:24:38,960 --> 00:24:42,360 should be set up within walking distance of each other. 143 00:24:42,700 --> 00:24:45,820 Should be a main internal main street design 144 00:24:45,820 --> 00:24:47,920 to any mixed use, 145 00:24:48,200 --> 00:24:51,300 balance mix of residential and non-residential uses. 146 00:24:52,820 --> 00:24:54,920 Alternative housing choices, 147 00:24:55,500 --> 00:24:57,480 to include, as I mentioned, 148 00:24:57,640 --> 00:24:59,960 for the compound, single-family detail. 149 00:25:00,000 --> 00:25:11,480 Attach, attach, townhouses, etc. And it should be a landmark place with superior design elements, and a design, a common design theme. 150 00:25:14,480 --> 00:25:20,360 The zoning ordinance contains additional guidelines in order to meet those objectives. 151 00:25:21,900 --> 00:25:27,100 Development should have a town center, village, dream, as a central design element, or focal point. 152 00:25:27,900 --> 00:25:41,380 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 153 00:25:41,380 --> 00:25:44,500 be a mix of commercial and residential. 154 00:25:47,670 --> 00:25:53,050 Also, as required to have a sequencing development sequence for the residential and commercial 155 00:25:53,050 --> 00:25:56,270 development so that they're developing, concert with each other. 156 00:26:01,180 --> 00:26:05,160 Our recommendation, we are recommending denial of this application. 157 00:26:07,240 --> 00:26:10,700 For reasons being, there are no mixed use buildings in here. 158 00:26:10,920 --> 00:26:11,680 It's just the separation. 159 00:26:12,300 --> 00:26:13,980 There's just commercial and residential. 160 00:26:14,780 --> 00:26:17,180 There isn't a mix of the residential building types. 161 00:26:17,440 --> 00:26:18,360 All you have are apartments. 162 00:26:20,100 --> 00:26:22,400 We don't feel it is a landmark place. 163 00:26:23,160 --> 00:26:31,080 It's well laid out the buildings looked to be architecturally well-suited, but we didn't feel 164 00:26:31,080 --> 00:26:36,440 that it was landmark in comparing it to other apartment complexes that have been approved 165 00:26:37,080 --> 00:26:38,040 in the county. 166 00:26:39,080 --> 00:26:43,580 There isn't any real village center or integration of the commercial and residential uses. 167 00:26:44,440 --> 00:26:48,480 The commercial areas relatively separate from the apartments up toward lightfoot grow. 168 00:26:48,480 --> 00:26:55,380 There is a common green with the clubhouse area in the Pavilion, but that's really centered around the apartment buildings. 169 00:26:58,480 --> 00:26:59,820 And sequencing schedule, 170 00:27:02,390 --> 00:27:16,410 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. 171 00:27:16,410 --> 00:27:21,730 And they have no completion date for the remainder of the commercial area. 172 00:27:23,470 --> 00:27:29,890 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. 173 00:27:35,080 --> 00:27:43,100 Staff feels what the development really represents is a residential multifamily district development with commercial outparsals. 174 00:27:43,100 --> 00:27:53,000 Only difference being in a residential multifamily zoning, they would have 96 fewer units than what are proposed in this development. 175 00:27:53,680 --> 00:28:03,880 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. 176 00:28:03,880 --> 00:28:10,620 Although they have voluntarily offered to contribute funds toward impact to Waller Mill, and 177 00:28:10,620 --> 00:28:16,400 accordance with recent code of Virginia changes, Prophors can be considered unreasonable 178 00:28:16,400 --> 00:28:21,720 when not based, specifically, on impact of the use of the time of the rezoning. 179 00:28:23,480 --> 00:28:28,660 The additional school-aged children they would add as a result of this development in and 180 00:28:28,660 --> 00:28:38,230 itself would not cause over-capacity or capacity issues but taken as a whole with all the other 181 00:28:38,230 --> 00:28:45,130 all the other developments that we've got scheduled the overall impact would be overcrowding. 182 00:28:48,850 --> 00:28:54,030 We don't feel it's consistent with the comprehensive plan and it's not a real unified mix of 183 00:28:54,030 --> 00:28:57,910 retail, office, and a very residential unit types. 184 00:28:57,910 --> 00:29:03,190 Therefore, recommending denial, however, if the Planning Commission wishes to recommend approval, 185 00:29:03,470 --> 00:29:09,310 we do have provided Resolution PC17-12R for your consideration. 186 00:29:12,400 --> 00:29:17,080 And I note that we have not received any comments specific to this application. 187 00:29:17,620 --> 00:29:23,760 There were four support letters that the applicant brought in this evening that I've placed 188 00:29:23,760 --> 00:29:27,560 at your, at your, on the days there. 189 00:29:28,440 --> 00:29:34,560 And I am, applicant is here, and I'm available to answer any questions you might have. 190 00:29:35,020 --> 00:29:35,140 Right. 191 00:29:35,500 --> 00:29:38,280 Commissioner Mr. King, do you have any questions for the slide? 192 00:29:38,600 --> 00:29:38,940 Mr. Chairman. 193 00:29:39,620 --> 00:29:39,780 Bill? 194 00:29:40,160 --> 00:29:40,300 No. 195 00:29:40,660 --> 00:29:40,920 Excuse me. 196 00:29:43,220 --> 00:29:44,720 I have a question to you. 197 00:29:46,540 --> 00:29:47,360 Mr. Parker. 198 00:29:49,140 --> 00:29:50,740 D.D. had no objections. 199 00:29:51,620 --> 00:29:53,300 But brought up several points. 200 00:29:53,300 --> 00:29:59,980 If the 200-foot tapers require widening of 647. 201 00:30:00,620 --> 00:30:07,560 Could Vida stop the project or delay it until the widening is completed? 202 00:30:09,240 --> 00:30:11,600 That would be handled at site planner approval. 203 00:30:12,640 --> 00:30:16,700 They were going to need to submit more detailed traffic information at that time. 204 00:30:17,000 --> 00:30:22,620 And if it shows that, you know, they'll need widening in order to install those improvements, 205 00:30:22,960 --> 00:30:26,260 then that would be required as a part of the site planner approval. 206 00:30:26,260 --> 00:30:27,980 Thank you. 207 00:30:29,520 --> 00:30:30,320 Any further questions? 208 00:30:34,290 --> 00:30:34,930 We have to. 209 00:30:36,070 --> 00:30:38,430 I think three people scheduled for getting with Mr. 210 00:30:38,510 --> 00:30:39,130 Gettie. 211 00:30:39,550 --> 00:30:40,830 He states your name address. 212 00:30:44,640 --> 00:30:45,620 And I think he's serious. 213 00:30:46,520 --> 00:30:49,880 Mr. Chairman, members of the Commission, I'm Vernon Gettie. 214 00:30:50,940 --> 00:30:52,660 1177, James Town Road. 215 00:30:52,660 --> 00:30:56,380 It's my pleasure to be here tonight representing lightfoot development. 216 00:30:58,580 --> 00:31:03,440 Likefoot development is the property owner here and from light to foot development. 217 00:31:08,760 --> 00:31:11,340 We have Dr. Theo Batistas in Mike Bramble. 218 00:31:12,160 --> 00:31:16,620 Those two and other members of the Batistas family 219 00:31:16,620 --> 00:31:18,540 of the owners of lightfoot development. 220 00:31:20,420 --> 00:31:25,620 They were among the very early believers in commercial development 221 00:31:25,620 --> 00:31:31,960 in lightfoot, and the county's economic development efforts pushing commercial development. 222 00:31:32,120 --> 00:31:36,280 They acquired this property in 2003 and 2004. 223 00:31:37,020 --> 00:31:43,460 They, in 2005 and 2007, bought additional three parcels, totaling 12 acres in the International 224 00:31:43,460 --> 00:31:48,040 Center, overall, as should be part, drive. 225 00:31:48,280 --> 00:31:54,120 So nobody has a keen or interest in the commercial success of lightfoot than the Batista 226 00:31:54,120 --> 00:31:54,640 family. 227 00:31:57,150 --> 00:32:03,390 Also here Denise LaCore with Denstock development, the proposed developer of the 228 00:32:03,390 --> 00:32:10,710 apartment part of this project in Steve Romeo with THB, who was the traffic consultant 229 00:32:10,710 --> 00:32:18,490 in engineer on the project and Ted Fogura, our fiscal consultant. It won't surprise you to 230 00:32:18,490 --> 00:32:24,650 know that we disagree with staff's recommendation in this case. We believe this proposal 231 00:32:24,650 --> 00:32:29,830 is generally consistent with the comprehensive plan in as much needed in this area. 232 00:32:30,830 --> 00:32:37,250 The site has been marketed for purely commercial uses for 13 years now with zero success. 233 00:32:37,950 --> 00:32:44,710 It's simply not a prime commercial property, and I think in discussions I've had your economic development 234 00:32:44,710 --> 00:32:46,490 Department would agree with that. 235 00:32:47,210 --> 00:32:51,710 We think this is a mixed use project that makes sense for this location. 236 00:32:51,710 --> 00:32:57,230 It will be attractive, it will be of the highest quality, and at this point, this will 237 00:32:57,230 --> 00:32:57,470 occur. 238 00:32:57,670 --> 00:33:02,330 We'll address you about the apartment part of the project, and then I'll close briefly 239 00:33:02,330 --> 00:33:03,530 all within our ten minutes. 240 00:33:05,390 --> 00:33:10,850 If I talk quickly, there's always a trepidation when it's a government festival. 241 00:33:10,890 --> 00:33:14,630 I'm sorry, Denise LaCore, and I'm within stock LLC. 242 00:33:16,550 --> 00:33:22,370 There's always trepidation when a developer comes into town and builds an apartment community. 243 00:33:23,190 --> 00:33:30,190 And there's that inherent fear that the developer is going to build it with cheap products or cheap materials. 244 00:33:30,810 --> 00:33:32,870 They're going to flip it to make the quick profit. 245 00:33:33,450 --> 00:33:35,330 And then they're also going to lead town. 246 00:33:35,530 --> 00:33:40,690 And unfortunately, that leaves the community with buildings that cannot withstand the test of time. 247 00:33:40,690 --> 00:33:48,090 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. 248 00:33:49,450 --> 00:33:50,850 You know, we're going to go like this. 249 00:33:51,250 --> 00:33:59,070 As you can see, we've been building apartments in 1992 and we have yet to sell a single apartment community. 250 00:33:59,850 --> 00:34:03,990 So what we are is that we feel like we're rolling term players when we come. 251 00:34:04,090 --> 00:34:08,490 We have a best interest in making these apartments the nicest that they can be, 252 00:34:08,490 --> 00:34:11,190 which means that we have high quality materials. 253 00:34:11,950 --> 00:34:17,090 We also have a sister companies that manages all of our apartments that we've built, 254 00:34:17,650 --> 00:34:21,970 and we take very high size facts, and that we have very high resident ratio, 255 00:34:22,310 --> 00:34:24,810 because again, we maintain our properties so well. 256 00:34:26,250 --> 00:34:30,990 All of our properties have a clubhouse, and we have like community sitting outside, 257 00:34:30,990 --> 00:34:36,010 because we always want to foster that sense of community, and we have pools, 258 00:34:36,010 --> 00:34:39,030 sometimes splash pads around the pools, 259 00:34:39,210 --> 00:34:43,470 we'll have deck furniture, grills, bar pits, furniture again, 260 00:34:43,630 --> 00:34:45,470 just a falster that sends a community. 261 00:34:46,390 --> 00:34:48,890 In our civilians, we typically have seeding 262 00:34:48,890 --> 00:34:51,410 with barbecue grills, outside TVs, 263 00:34:51,890 --> 00:34:53,910 soft seeding, and a covered area. 264 00:34:54,870 --> 00:34:58,310 In our clubhouses, typically about 5,000 square feet, 265 00:34:58,630 --> 00:34:59,950 all day long are all. 266 00:35:00,000 --> 00:35:06,420 Residents are welcome to come in and use the club room. And at night, they can also rent it if they want 267 00:35:06,420 --> 00:35:13,300 to have a event something like a baby shower or perhaps even an engagement party. Our residents 268 00:35:13,300 --> 00:35:21,940 also pay a one time $250 a minute fee and they have 24-hour access bill electronic key to areas 269 00:35:21,940 --> 00:35:28,920 other areas of the club house such as our media room or our rec room, which often times has a pool 270 00:35:28,920 --> 00:35:35,360 table or the business center or a fitness center with the state of the art gym equipment. 271 00:35:36,280 --> 00:35:41,120 So we feel like we've build the the nicest clubhouse. We also build very nice apartments 272 00:35:41,120 --> 00:35:46,120 and that we have stainless steel clients, granite countertops, architectural lights, crown 273 00:35:46,120 --> 00:35:51,480 molding and the living rooms with ceiling fans, large bedrooms with also their ceiling 274 00:35:51,480 --> 00:35:58,540 fans and the master walk-in closet, bathroom with granite countertops. We have the soaker 275 00:35:58,540 --> 00:36:03,520 we have tile and each apartment has a simple size washer and dryer. 276 00:36:04,820 --> 00:36:09,180 So all of those, we feel we have a great product and it was the 277 00:36:09,180 --> 00:36:14,600 staff alluded that maybe it was not the proper time to build this project 278 00:36:14,600 --> 00:36:17,080 and we think it's the absolutely perfect time. 279 00:36:17,560 --> 00:36:19,760 And for two reasons we believe that. 280 00:36:20,020 --> 00:36:23,800 One is within a one and a half mile radius of the lightfoot project. 281 00:36:23,800 --> 00:36:31,920 There's a vacancy of 133,690 square feet of retail, and they've been vacant for three years, 282 00:36:32,000 --> 00:36:34,800 and that's according to your economic development department. 283 00:36:36,020 --> 00:36:41,300 So there's a tremendous amount of detail, and 276 rooftops will really help to bolster 284 00:36:41,300 --> 00:36:46,060 what is a flagging retail economy in the northern part of your county. 285 00:36:47,460 --> 00:36:52,600 Also, the planner talked about the lack of residential myths. 286 00:36:52,600 --> 00:36:58,960 We believe apartments are important for this to be a viable project and why would we say apartments? 287 00:36:59,360 --> 00:37:01,660 And that's because we're listening to the market. 288 00:37:02,040 --> 00:37:04,560 This is a very important graph to look at. 289 00:37:04,780 --> 00:37:08,400 And that shows you that home ownership is declining. 290 00:37:09,240 --> 00:37:13,660 And you can understand why it might be declining at the beginning of the recession when a lot of people 291 00:37:13,660 --> 00:37:15,460 lost their homes due to poor closure. 292 00:37:16,060 --> 00:37:19,840 But what's really dramatic is this declining even in the last few years 293 00:37:19,840 --> 00:37:23,880 where the economy has been rebounding, and why is that? 294 00:37:23,900 --> 00:37:27,140 And that's because the two largest segments of our population 295 00:37:27,140 --> 00:37:29,500 are the millennials and the baby boomers, 296 00:37:29,520 --> 00:37:30,840 making up about 50%. 297 00:37:31,720 --> 00:37:34,060 And they are actually changing their minds. 298 00:37:34,400 --> 00:37:35,820 They don't want home ownership. 299 00:37:36,480 --> 00:37:38,060 They want to live in apartments. 300 00:37:38,320 --> 00:37:39,380 And why would that be? 301 00:37:39,780 --> 00:37:41,660 Well, millennials, they're used to technology. 302 00:37:42,040 --> 00:37:43,580 They're much more mobile population. 303 00:37:44,120 --> 00:37:45,560 They move all the time. 304 00:37:45,560 --> 00:37:54,160 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. 305 00:37:54,840 --> 00:37:59,620 The other is, or the baby boomers, and the baby boomers are changing their mind. 306 00:37:59,780 --> 00:38:02,220 And a lot of that is a result of that great recession. 307 00:38:02,900 --> 00:38:10,700 They don't want to be balanced by homeownership, by having to do the long, or having to work with their HVAC. 308 00:38:10,700 --> 00:38:15,880 A.C., they rather be the lock and leave generation where they can leave the apartment for 309 00:38:15,880 --> 00:38:20,900 three weeks, four weeks, go travel around the U.S. go visit the grandchildren for weeks 310 00:38:20,900 --> 00:38:25,780 at a time and not have to worry about what's happening at home because the management team is 311 00:38:25,780 --> 00:38:27,320 taking care of it. 312 00:38:27,760 --> 00:38:31,360 So if we look at the apartment, we think it's a great time to build this. 313 00:38:31,460 --> 00:38:38,560 And if you look at the site plan, you can see that we do have the retail upfront and we did 314 00:38:38,560 --> 00:38:39,680 that on purpose. 315 00:38:39,980 --> 00:38:45,820 The traditional neighborhood development typically is a much larger square acreage, an acreage, 316 00:38:46,220 --> 00:38:49,740 but also, as you pointed out, it might be in the center. 317 00:38:50,560 --> 00:38:54,800 But just looking at that vacancy rate and how huge it is already. 318 00:38:55,220 --> 00:39:01,000 If we were to put this retail and screen it totally by all these apartments, it would be suicide 319 00:39:01,000 --> 00:39:01,860 for the retail. 320 00:39:02,220 --> 00:39:05,540 They could not live on just the 276 rooftops. 321 00:39:05,540 --> 00:39:09,080 they have to have that visibility off light but road. 322 00:39:09,620 --> 00:39:10,780 So we brought them to the front. 323 00:39:10,920 --> 00:39:18,800 But what we did is we connected them with a very big network of sidewalks. 324 00:39:18,860 --> 00:39:21,300 It's a very quickly and would drive you through our community. 325 00:39:22,280 --> 00:39:25,460 You can see the sidewalks, we go by the entrance and if you look, 326 00:39:25,740 --> 00:39:28,820 on each side of Plankham's retail, you can see the pedestrian 327 00:39:28,820 --> 00:39:32,880 pavilion, the planners, the seating area where the people are sitting. 328 00:39:32,880 --> 00:39:38,180 As you come up to the clubhouse and we turn, you can see that all of the architecture 329 00:39:38,180 --> 00:39:43,640 is very much matches and then to our left, you will see that we will have the big green. 330 00:39:44,520 --> 00:39:50,880 And as we rate this turn, you will see the pool, the civilian area and as we continue 331 00:39:50,880 --> 00:39:54,600 down, you will see all the buildings or flanking that village green. 332 00:39:55,100 --> 00:39:59,580 We are now coming over here by the Wingsburg Antique Mall and you see the back of the buildings 333 00:39:59,580 --> 00:39:59,960 is it all? 334 00:40:00,000 --> 00:40:08,800 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. 335 00:40:12,150 --> 00:40:15,450 And I'll close briefly to several points we want to make. 336 00:40:16,110 --> 00:40:27,830 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. 337 00:40:27,830 --> 00:40:30,430 And we think it does it in a way that makes sense, 338 00:40:30,630 --> 00:40:32,630 and poises it to be successful. 339 00:40:34,330 --> 00:40:37,270 It will provide a much needed shot in the arm 340 00:40:37,270 --> 00:40:40,890 for both the existing businesses in the area 341 00:40:40,890 --> 00:40:44,990 and help fill the empty storefronts that there's so many of. 342 00:40:45,570 --> 00:40:46,770 We've gone door to door. 343 00:40:46,790 --> 00:40:48,490 I've talked to a number of the businesses 344 00:40:48,490 --> 00:40:51,230 Mike Bremel is literally gone door to door. 345 00:40:51,490 --> 00:40:53,470 In the support for this is universal. 346 00:40:53,810 --> 00:40:55,910 In the message we hear as we need customers, 347 00:40:55,910 --> 00:40:58,170 numbers, we need rooftops. 348 00:41:00,510 --> 00:41:04,810 It provides high quality housing. It's a half a mile from the 349 00:41:04,810 --> 00:41:10,830 old-mortown road entrance to this project to the Centaro Regional Medical Center. I personally 350 00:41:10,830 --> 00:41:16,750 met with Dave Masterson with Centaro who is in full support and you have Dave's letter. It will 351 00:41:16,750 --> 00:41:23,510 be very helpful for them in recruiting both staff and physicians. We think it's a sensible 352 00:41:23,510 --> 00:41:27,810 commercial element, and again, it's set up to be successful. 353 00:41:29,110 --> 00:41:29,930 Thank you, Mr. Good. 354 00:41:30,210 --> 00:41:32,350 One last sentence, if I could, Mr. Johnson, 355 00:41:32,570 --> 00:41:35,810 just that the applicant has stepped up with reasonable cash 356 00:41:35,810 --> 00:41:38,210 Prophors to address the school impacts. 357 00:41:38,310 --> 00:41:39,650 Thank you for your consideration. 358 00:41:41,190 --> 00:41:42,730 We'd be glad to answer any questions. 359 00:41:43,290 --> 00:41:44,210 I have any questions. 360 00:41:45,410 --> 00:41:46,650 Can we share some of the questions? 361 00:41:48,020 --> 00:41:49,440 It's just that a question. 362 00:41:50,480 --> 00:41:58,920 You talked about, or one of you talked about the obvious vacancy rate for retail, and 363 00:41:58,920 --> 00:42:04,680 one of the critiques that staff has mentioned in their staff report to the commission 364 00:42:04,680 --> 00:42:13,900 is that the development doesn't include an adequate mix of commercial retail, and I'm just 365 00:42:13,900 --> 00:42:20,420 Here is how you expect to meet that goal when there's already an existing vacancy rate out there, 366 00:42:20,600 --> 00:42:28,040 and it doesn't appear in the quantity of apartment units that's going to satisfy the existing 367 00:42:28,040 --> 00:42:28,620 gap. 368 00:42:28,900 --> 00:42:35,860 Excuse me, that's out there and enough to provide a commitment that you can construct commercial 369 00:42:35,860 --> 00:42:36,460 and retail. 370 00:42:36,820 --> 00:42:43,200 So if you can address the delta there between your development and the commercial retail 371 00:42:43,200 --> 00:42:55,120 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. 372 00:42:56,240 --> 00:43:06,290 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. 373 00:43:06,290 --> 00:43:17,250 But we are comfortable that the development of the apartments will generate demand for the building we have phased if you will. 374 00:43:18,050 --> 00:43:30,150 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. 375 00:43:30,150 --> 00:43:36,410 But we think this project needs to be completed before we would foresee that happening. 376 00:43:37,670 --> 00:43:38,110 Okay. 377 00:43:38,230 --> 00:43:38,870 Thank you. 378 00:43:38,970 --> 00:43:39,310 It's Jeremy. 379 00:43:40,590 --> 00:43:41,350 Other folks? 380 00:43:44,050 --> 00:43:44,490 It's a beautiful. 381 00:43:46,820 --> 00:43:54,920 Vida talked about having the entrance off Old Morse town road rather than light-foot road. 382 00:43:55,660 --> 00:44:02,580 As I traveled in the area, light-foot road is a very heavily traveled road without your development. 383 00:44:02,580 --> 00:44:13,020 Can you give us a reason why you've oriented it to light foot road when the traffic situation is so bad currently? 384 00:44:14,240 --> 00:44:15,720 Denise or Steve would you all? 385 00:44:15,740 --> 00:44:18,400 Yeah, I would say there was a several reason for that. 386 00:44:18,400 --> 00:44:20,640 One we have to cross the Virginia power easements. 387 00:44:20,860 --> 00:44:24,060 So we are somewhat restricted in what we can do and come in off the road. 388 00:44:24,760 --> 00:44:27,860 Also, if you look back at the site plan, we have a curve there. 389 00:44:28,240 --> 00:44:31,980 You have to worry a little bit about site distance when you have a main entrance. 390 00:44:31,980 --> 00:44:40,800 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. 391 00:44:43,960 --> 00:44:46,700 Commission, I'm Steve Romeo with VHB. 392 00:44:48,220 --> 00:44:59,660 We've looked at a couple of improvements that can be made very, very easily and simply in that area, the first being. 393 00:45:00,000 --> 00:45:11,760 Putting flashing yellows at the intersection of more town and light foot road, that will improve the existing condition tremendously. 394 00:45:12,740 --> 00:45:27,200 It will also help the development stay within the guidelines of level of service by not migrating into category E. The other improvement that 395 00:45:27,200 --> 00:45:34,380 could be made and should be made, which is articulated in our traffic study, is that the county 396 00:45:34,380 --> 00:45:42,440 petition V dot to do a speed study because the posted speed is nowhere near what the actual 397 00:45:42,440 --> 00:45:48,740 speed of the traffic in that area is, it's much lower because of the proximity of the railroad 398 00:45:48,740 --> 00:45:53,220 track, and that will also help the functionality of that road. 399 00:45:53,700 --> 00:45:54,140 Okay. 400 00:45:57,500 --> 00:45:58,900 More questions for me. 401 00:46:01,090 --> 00:46:01,770 Thank you. 402 00:46:01,770 --> 00:46:03,110 Thank you very much. 403 00:46:03,530 --> 00:46:03,910 All right. 404 00:46:04,910 --> 00:46:10,450 We have Dave Vanville. 405 00:46:10,990 --> 00:46:13,150 I'm actually with the applicant. 406 00:46:13,410 --> 00:46:14,410 Was that it? 407 00:46:14,470 --> 00:46:14,630 Yeah. 408 00:46:14,910 --> 00:46:15,830 Dave Granwell, but I don't know what to do. 409 00:46:15,930 --> 00:46:16,670 Okay, come forth. 410 00:46:17,290 --> 00:46:18,110 So you've already spoken. 411 00:46:18,470 --> 00:46:18,510 Okay. 412 00:46:18,570 --> 00:46:19,270 So that's it. 413 00:46:19,430 --> 00:46:21,670 Anyone else wishing to speak to this application? 414 00:46:25,600 --> 00:46:25,640 All right. 415 00:46:25,660 --> 00:46:26,280 Soon we have no. 416 00:46:26,400 --> 00:46:27,360 We bring it down to the commission. 417 00:46:29,560 --> 00:46:29,820 Is it okay? 418 00:46:30,880 --> 00:46:32,940 Well, public hearing is close. 419 00:46:32,940 --> 00:46:34,220 Well, public hearing is close yet. 420 00:46:34,480 --> 00:46:34,720 I'm sorry. 421 00:46:34,900 --> 00:46:36,860 I'm going to explain first. 422 00:46:38,340 --> 00:46:41,160 I am looking at this proposal. 423 00:46:41,440 --> 00:46:43,220 I agree with staff. 424 00:46:44,720 --> 00:46:46,720 It doesn't fit the description. 425 00:46:47,360 --> 00:46:50,140 It makes use of a small MFU project development. 426 00:46:51,620 --> 00:46:56,480 It doesn't have a schedule for completing a commercial part. 427 00:46:58,460 --> 00:47:09,540 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, 428 00:47:09,840 --> 00:47:21,460 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. 429 00:47:21,460 --> 00:47:31,960 And so I don't think the description of the project meets our good zoning and comprehensive 430 00:47:31,960 --> 00:47:32,700 plan. 431 00:47:34,240 --> 00:47:40,760 I also, I'm very skeptical of the financial impact analysis, I've seen these impact analysis 432 00:47:40,760 --> 00:47:45,980 before they make a much of very favorable assumptions that are very favorable to the 433 00:47:45,980 --> 00:47:48,720 that leaving out costs, 434 00:47:50,760 --> 00:47:53,200 like replace them for schools, 435 00:47:54,020 --> 00:47:57,180 air conditioning, rules, and space that's going to be used 436 00:47:57,180 --> 00:47:58,700 for this development. 437 00:48:00,740 --> 00:48:02,480 So I can't support this development. 438 00:48:06,270 --> 00:48:06,610 This type? 439 00:48:07,350 --> 00:48:09,190 I want to sit with the staff on the inside. 440 00:48:09,690 --> 00:48:13,330 So they don't need to see where the advocates 441 00:48:13,330 --> 00:48:17,070 made the case that we should change our basic, 442 00:48:17,830 --> 00:48:20,030 I don't see where the staff, where the applicant 443 00:48:20,030 --> 00:48:25,610 has made the case to change her basic guidelines to any significant degree. 444 00:48:25,830 --> 00:48:26,970 So I support this panel. 445 00:48:28,070 --> 00:48:28,450 And three. 446 00:48:29,990 --> 00:48:37,650 Yes, I, when I travel up there, the problems with the commercial, like the light 447 00:48:37,650 --> 00:48:46,940 foot crossing shopping center, most of the area is completely not being used there. 448 00:48:46,980 --> 00:48:50,700 There are signs there, but the businesses have closed up. 449 00:48:50,700 --> 00:49:00,980 So it is an issue to bring in commercial based on what is currently there with the number 450 00:49:00,980 --> 00:49:04,040 of residential thing. 451 00:49:04,340 --> 00:49:12,980 However, I can't support the application because it is really not a planned development 452 00:49:12,980 --> 00:49:25,500 mixed use, development, and what concerns me is the traffic and the impacts to the school. 453 00:49:28,570 --> 00:49:37,920 I think I'll charge you to look at this, given the guidelines that apply to the PDMU. 454 00:49:38,600 --> 00:49:44,780 And it seems to be a disparity between staff and certainly my point of view in terms of how this 455 00:49:44,780 --> 00:49:52,890 being reviewed and how it needs those guidelines and so I struggled to support this application. 456 00:49:52,990 --> 00:49:59,570 I've tried to look at it from many points of view and given the guidelines that we have 457 00:50:00,530 --> 00:50:07,670 If you look at the cumulative impact, but I think it's more fair to look at the actual impact of the project itself. 458 00:50:09,650 --> 00:50:16,730 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. 459 00:50:17,090 --> 00:50:25,110 So I see some pluses and minuses, but without the commitment to the commercial aspect of it, as it is described in the guidelines, 460 00:50:27,070 --> 00:50:36,230 10% residential density is the recommendation we're at 15.1, which is 50% above, so I don't 461 00:50:36,230 --> 00:50:41,550 see the partnership between the county and the development in terms of the given take in order 462 00:50:41,550 --> 00:50:48,370 for this to meet the guidelines. That's where we have the spared here, so now the guidelines 463 00:50:48,370 --> 00:50:55,430 need to be, the boards certainly can change or recommend, but in my position here, I think 464 00:50:55,430 --> 00:50:57,170 we're here to apply those guidelines. 465 00:50:57,370 --> 00:50:59,230 These are meets at work, doesn't it? 466 00:50:59,470 --> 00:51:01,730 And in my point of view, it doesn't. 467 00:51:04,680 --> 00:51:05,740 So if you have any further discussion? 468 00:51:06,280 --> 00:51:08,060 I don't have anything other at Mr. Chairman. 469 00:51:08,220 --> 00:51:09,500 I agree with my fellow commissioners. 470 00:51:09,680 --> 00:51:13,380 I agree with the applicant that residential in this area is something that's missing 471 00:51:13,380 --> 00:51:14,460 and highly needed. 472 00:51:14,900 --> 00:51:19,740 I just think that proposals just not ready for prime time and either this is the wrong 473 00:51:19,740 --> 00:51:31,910 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 474 00:51:34,570 --> 00:51:41,940 Well, I'll entertain motion if we've exhausted our discussion, but if there's more to do then I'll entertain motion 475 00:51:41,940 --> 00:51:48,060 Chairman, I'm willing that the Commission recommend denial of this application to the board of 476 00:51:48,060 --> 00:51:48,360 supplies. 477 00:51:51,700 --> 00:51:53,040 Just for clarification. 478 00:51:56,120 --> 00:51:59,840 The procedure is to move the resolution that's before you. 479 00:51:59,980 --> 00:52:02,360 Then if you're against it, you would vote no. 480 00:52:02,940 --> 00:52:04,220 And if you're for it, you would vote yes. 481 00:52:04,540 --> 00:52:06,400 I agree that that's been our usual procedure. 482 00:52:06,660 --> 00:52:09,660 I think there's one reason the exception to that. 483 00:52:09,720 --> 00:52:11,300 I've had it with either way. 484 00:52:21,440 --> 00:52:36,380 I'll admit my motion to move the resolution to prove this application and prove the resolution. 485 00:52:39,060 --> 00:52:40,100 4517 486 00:52:43,970 --> 00:52:54,950 is to adopt resolution number pc17-12r to rezone approximately 22.4 acres located 487 00:52:54,950 --> 00:53:00,150 at the southeast quadrant of the intersection of light foot road and old more town road 488 00:53:00,150 --> 00:53:04,630 from economic opportunity to plan development mix use. 489 00:53:05,190 --> 00:53:05,890 Mr. King? 490 00:53:09,070 --> 00:53:09,710 Mr. 491 00:53:09,810 --> 00:53:10,830 We're adopted. 492 00:53:11,190 --> 00:53:13,110 Resolution to deny the application. 493 00:53:13,510 --> 00:53:13,950 No, we'll change. 494 00:53:14,310 --> 00:53:14,510 We'll change. 495 00:53:16,470 --> 00:53:17,730 We'll modify it. 496 00:53:18,670 --> 00:53:19,150 I'll be here. 497 00:53:19,550 --> 00:53:20,050 Mr. Phillips. 498 00:53:20,470 --> 00:53:20,690 Okay. 499 00:53:21,830 --> 00:53:23,030 My vote is no. 500 00:53:23,830 --> 00:53:24,530 Thank you. 501 00:53:25,930 --> 00:53:26,510 Mr. Phillips. 502 00:53:28,670 --> 00:53:29,570 Mr. Titus. 503 00:53:29,650 --> 00:53:30,010 No. 504 00:53:30,890 --> 00:53:31,870 Mr. Peterman. 505 00:53:32,210 --> 00:53:32,390 No. 506 00:53:33,110 --> 00:53:33,890 Mr. Johns. 507 00:53:34,270 --> 00:53:34,550 No. 508 00:53:34,550 --> 00:53:37,770 The motion fails 0 to 5. 509 00:53:39,810 --> 00:53:44,550 This would likely go to the board, September 19th. 510 00:54:24,320 --> 00:54:28,260 Thank you, Mr. Chairman, members of the Commission, this application is a rigged 511 00:54:28,260 --> 00:54:32,720 request for a special use permit to authorize and existing auto body and painting establishment 512 00:54:33,260 --> 00:54:36,020 at 60-09 towards Washington Memorial Highway. 513 00:54:36,840 --> 00:54:38,820 The applicant is Junior Cox. 514 00:54:40,300 --> 00:54:46,300 Property consists of six parcels with the total area of 12.2 acres, on the west side of 515 00:54:46,300 --> 00:54:51,100 2017 about 2,200 feet north of the Newford-New city line. 516 00:54:51,760 --> 00:54:55,160 The property is zone general business along Route 17, 517 00:54:55,980 --> 00:54:59,960 and economic opportunity to the rear auto body and painting. 518 00:55:00,000 --> 00:55:08,460 Requesting requires a special use permit in both the GB and EO zoning district. The property to the west of 519 00:55:08,460 --> 00:55:13,860 the applicant's property, which is labeled PDMU, that's a plain development mixed use, that's the common 520 00:55:13,860 --> 00:55:19,320 wealth green, plain development, first phase of which the apartments have been built. 521 00:55:24,400 --> 00:55:25,000 The 522 00:55:25,000 --> 00:55:28,040 much mirror the zoning classifications. 523 00:55:30,820 --> 00:55:33,920 Coxon's collision center, I'm sorry. 524 00:55:36,920 --> 00:55:39,880 The Coxon's collision center was established in 1983 525 00:55:39,880 --> 00:55:43,880 on a 1.4 acre parcel on Route 17. 526 00:55:46,280 --> 00:55:49,160 And at that time, the auto body shop was permitted 527 00:55:49,160 --> 00:55:51,660 as a matter of right under the zoning that was in place 528 00:55:54,700 --> 00:56:11,720 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. 529 00:56:13,400 --> 00:56:24,840 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. 530 00:56:26,340 --> 00:56:36,080 In 33 years, since then the applicant has acquired four additional adjacent parcels, including total area from 1.4 acres to 12.2. 531 00:56:36,080 --> 00:56:39,760 These properties are used for various activities that are 532 00:56:39,760 --> 00:56:43,880 ancillary to the body shop, primarily parking and vehicle storage, 533 00:56:45,320 --> 00:56:48,640 also to provide a landscape buffer from adjacent properties. 534 00:56:48,920 --> 00:56:51,960 In addition, a couple of additional buildings have been built. 535 00:56:52,040 --> 00:56:57,000 There is a storage building, sort of northeast of the paint shop, 536 00:56:57,320 --> 00:57:01,120 and then the building that you see to the south of the property was built 537 00:57:01,120 --> 00:57:07,420 in the early mid-2000s and is used for storage and classroom space. 538 00:57:11,120 --> 00:57:18,320 And in the next couple of years, as most of you probably will recall, there is a new 539 00:57:18,320 --> 00:57:21,600 road that's going to be constructed through the property by the developers of Commonwealth 540 00:57:21,600 --> 00:57:22,340 Green. 541 00:57:22,640 --> 00:57:27,350 This was something that was offered as a condition of approval of that project, shown as 542 00:57:27,350 --> 00:57:33,650 drive on their plans, and that will cut through the applicant's property up there that parcel 543 00:57:33,650 --> 00:57:34,770 to the north of West. 544 00:57:36,810 --> 00:57:41,530 The over the years have been three comprehensive rezoning so the county 545 00:57:41,530 --> 00:57:46,770 that have affected some of all of the applicant's properties, and numerous zoning ordinance 546 00:57:46,770 --> 00:57:51,850 tax amendments, applicable to auto body shops as a result of all this. The zoning status for 547 00:57:51,850 --> 00:58:00,550 different parcels has changed over the years from a buy-right use to legally, non-conforming 548 00:58:00,550 --> 00:58:09,610 use to conforming special use. Sort of a patchwork quilt. In discussions with the applicant 549 00:58:09,610 --> 00:58:13,570 between the applicant and staff, it was felt that it would make sense to formalize the 550 00:58:13,570 --> 00:58:21,490 approvals status of the entire operation under a uniform set of conditions that would be 551 00:58:21,490 --> 00:58:23,570 of the entire 12.2 acres. 552 00:58:24,250 --> 00:58:28,550 So the applicant has submitted this application for a new use permit to supersede the one that 553 00:58:28,550 --> 00:58:33,090 was approved in 1984 and it would apply to the entire land assemblage. 554 00:58:35,630 --> 00:58:41,010 This is the, excuse me, the body shop is viewed from Route 17. 555 00:58:42,130 --> 00:58:47,730 The brick building is the body shop and that's just another view along the side. 556 00:58:48,310 --> 00:58:55,930 And, and this is that building that I mentioned it was built in the mid 2000s, uses classrooms based storage space. 557 00:58:56,590 --> 00:58:58,750 And the page shop located behind the body shop. 558 00:58:59,710 --> 00:59:03,890 This is a vehicle storage area along the southern portion of the property. 559 00:59:04,390 --> 00:59:09,910 As you can see, there's abundant vegetation there providing a screen from the adjacent property, which you can't see in this picture. 560 00:59:10,350 --> 00:59:17,490 There is about a six foot high wooden privacy fence that provides additional screening of the vehicle storage area from the adjacent property. 561 00:59:17,490 --> 00:59:23,550 And this is the other vehicle storage area to the north, which also has a lot of vegetation 562 00:59:23,550 --> 00:59:26,010 to screen it. 563 00:59:26,330 --> 00:59:30,350 No fancy, the only fancy is the chain link, which is obviously no screen at all. 564 00:59:32,250 --> 00:59:38,350 And this is the bird's eye view of the property as it looks about four years ago when this picture 565 00:59:38,350 --> 00:59:42,630 was taken and just for orientation purposes, there again is the future road to net drive 566 00:59:42,630 --> 00:59:43,910 that's going to come through there. 567 00:59:44,810 --> 00:59:51,830 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. 568 00:59:52,670 --> 00:59:59,970 But as you can see, the road comes right up against that vehicle storage area along the northwest, so one of the conditions. 569 01:00:00,000 --> 01:00:07,180 Questions of approval that we proposed as part of this application is for the applicant to provide landscaping 570 01:00:07,180 --> 01:00:09,320 supplemented by a fencing of necessary. 571 01:00:10,020 --> 01:00:16,960 To screen views of that vehicle storage area from what's now being called Jeanette Dry. 572 01:00:18,680 --> 01:00:25,260 And I will point out that the vehicle storage area, as you saw in the previous picture, looks 573 01:00:25,260 --> 01:00:29,420 little better than it does in this aerial photo, it doesn't really do it justice. 574 01:00:30,440 --> 01:00:36,800 But there is a condition in the proposed resolution that will require landscaping supplemented 575 01:00:36,800 --> 01:00:37,360 by fencing. 576 01:00:38,300 --> 01:00:41,840 And it's important because this is going to be the entrance of the approved 17 entrance 577 01:00:41,840 --> 01:00:46,200 into a Commonwealth Drive, this is one of the county's economic development priority areas. 578 01:00:46,900 --> 01:00:52,420 And we do want it to be a nice attractive road coming through there in both directions. 579 01:00:55,280 --> 01:01:01,560 The total building square footage on a property is a little under 49,000 square feet. 580 01:01:02,160 --> 01:01:05,880 You can see the acreage of the various buildings up there on these slide. 581 01:01:06,300 --> 01:01:12,740 There is no construction, no additional construction being proposed as part of this application. 582 01:01:13,940 --> 01:01:19,300 What the applicant is trying to do is just basically memorialize what's in place now. 583 01:01:19,300 --> 01:01:29,380 And if at some point down the line, either he or our future owner wanted to propose an expansion, 584 01:01:30,780 --> 01:01:33,940 they would be pretty limited in what could be allowed as a matter of right. 585 01:01:35,040 --> 01:01:38,340 Since this would be, this would fall under the special youth permit provisions, 586 01:01:39,420 --> 01:01:43,480 or the provisions applicable to amendment or expansion of special uses. 587 01:01:43,480 --> 01:01:51,000 And so any expansion over 5%, which would be about 24 or 2,500 square feet would require 588 01:01:51,000 --> 01:01:52,360 a port of supervisor to approval. 589 01:01:55,610 --> 01:01:57,950 But again, the applicant has no plans to expand. 590 01:02:04,840 --> 01:02:11,620 Basically, this application is trying to formally recognize the situation that exists today 591 01:02:11,620 --> 01:02:16,640 and it's a situation that hasn't caused any problems, no conflicts with the joint adjacent 592 01:02:16,640 --> 01:02:17,460 property owners. 593 01:02:17,460 --> 01:02:25,460 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. 594 01:02:26,440 --> 01:02:30,880 I also mentioned the vehicle storage from the screen from the to be screened from the road. 595 01:02:32,000 --> 01:02:46,640 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. 596 01:02:46,640 --> 01:02:52,620 And as we were talking about a new road coming through an existing body shop. 597 01:02:53,280 --> 01:03:01,020 So without this condition in the resolution, there would be no way for the county to mandate any screening of that road. 598 01:03:01,800 --> 01:03:09,000 So we're recommending a proof of the application through the adoption of the proposed resolution R7 PC-17-21. 599 01:03:10,180 --> 01:03:16,620 Mr. Coxon is here to answer any questions you might have of him. 600 01:03:20,010 --> 01:03:26,550 I think this enhances the existing situation we have out there in good opportunity to take some improvements. 601 01:03:27,330 --> 01:03:35,790 I just have a question that's an aside to this is the status of Genet Drive and whatever you can. 602 01:03:36,170 --> 01:03:46,950 The last I heard from the engineer on the Commonwealth Green project is that they're still waiting for that final 603 01:03:46,950 --> 01:03:58,770 Well, there's some small isolated wetlands on that property, and as you may recall, the developers 604 01:03:58,770 --> 01:04:09,650 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. 605 01:04:09,650 --> 01:04:15,830 And so, according to the engineer, they're very close now to getting that last wetlands permit 606 01:04:15,830 --> 01:04:20,330 and after that, the road has to be built within two years. 607 01:04:20,870 --> 01:04:25,710 And the utilities too, it's not just the road, they're extending the water and sewer lines 608 01:04:25,710 --> 01:04:26,710 through that property. 609 01:04:27,490 --> 01:04:27,810 Okay. 610 01:04:28,230 --> 01:04:28,430 All right. 611 01:04:29,210 --> 01:04:29,570 Thank you. 612 01:04:30,910 --> 01:04:31,390 It's folks. 613 01:04:32,860 --> 01:04:33,660 But 614 01:04:36,260 --> 01:04:44,960 the question, Jim, in moving board in Genet Drive gets finished up, moving from partial 615 01:04:44,960 --> 01:04:48,320 to to partial three, and we kind of north north of the question. 616 01:04:48,980 --> 01:04:50,620 I could talk with my hand sometimes. 617 01:04:52,740 --> 01:04:59,980 Is there any concern that we may need to also block off that northern... 618 01:05:00,000 --> 01:05:06,760 adjourned side of Jeanette Drive. The condition in the use permit would also apply to anything done on the north side of Jeanette Drive. 619 01:05:07,280 --> 01:05:22,500 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. 620 01:05:22,500 --> 01:05:24,040 Okay, Grant. Thank you, guests. 621 01:05:27,700 --> 01:05:28,180 Mr. Peters. 622 01:05:29,260 --> 01:05:29,640 All right. 623 01:05:30,040 --> 01:05:32,100 I don't have any questions for you. 624 01:05:32,800 --> 01:05:33,340 Thank you, Tim. 625 01:05:34,240 --> 01:05:39,060 All right, you have Mr. Coxen signed up to address the commission. 626 01:05:40,220 --> 01:05:41,700 Please state your name address. 627 01:05:41,920 --> 01:05:43,040 Good to see you then. 628 01:05:43,460 --> 01:05:44,880 Harman Coxen. 629 01:05:44,980 --> 01:05:47,860 Four o'clock on O'Ramley Creek Road. 630 01:05:49,360 --> 01:05:51,420 Mr. Chairman, members of the commission. 631 01:05:52,040 --> 01:05:54,420 I'm your nice, really question that you have. 632 01:05:55,760 --> 01:05:58,420 I've been here a long time and I can do it. 633 01:06:00,300 --> 01:06:03,880 The answer about, let me landscape, yes, it's go cost us. 634 01:06:04,000 --> 01:06:05,020 We're going to have to get landscape. 635 01:06:05,740 --> 01:06:08,660 We're also going to have to, it's going to be a security problem. 636 01:06:09,020 --> 01:06:11,200 Come, you're going to have a lot of cars going up the net area. 637 01:06:12,240 --> 01:06:15,240 And if we are problem, it's going to be a fine answer problem. 638 01:06:15,240 --> 01:06:17,000 We'll have to take care of it. 639 01:06:17,000 --> 01:06:22,600 as the countergrows, so should bear this, so we want to do that. I think it'll be good. 640 01:06:24,120 --> 01:06:31,280 Thank you, Mr. Cox. Any questions, Ms. Kim? No questions? No questions? No questions? 641 01:06:32,840 --> 01:06:38,560 Thank you. Thank you. Anyone else wishing to? I don't have any other, I don't have anybody 642 01:06:38,560 --> 01:06:43,460 signed up to speak to this application, but is there anyone wishing to speak to this application 643 01:06:43,460 --> 01:06:49,540 on the cocks of application. I see we have none. We will close as part of the public and 644 01:06:49,540 --> 01:06:50,680 bring it back to the commission. 645 01:06:56,760 --> 01:06:59,100 There's no discussion now in the table of motion. 646 01:07:00,020 --> 01:07:05,500 Mr. Chairman, I recommend that the commission adopt Resolution Number PC-17-21. 647 01:07:07,180 --> 01:07:15,800 The motion by Mr. King is to adopt Resolution Number PC-17-21 to recommend approval of a special 648 01:07:15,800 --> 01:07:21,400 use permit to formalize the approval status of an existing auto-body work and painting 649 01:07:21,400 --> 01:07:36,440 establishment on Route 17. Mr. Titus, Mr. Philips, Mr. Peterman, Mr. King, Mr. John's, 650 01:07:36,440 --> 01:07:38,900 The motion passes five to zero. 651 01:07:39,440 --> 01:07:40,800 All right, and this is a go before the board. 652 01:07:40,840 --> 01:07:42,320 I believe that's September 19th. 653 01:07:42,320 --> 01:07:42,940 That's correct. 654 01:07:44,260 --> 01:07:44,840 Thank you. 655 01:07:45,480 --> 01:07:46,660 Oh, thank you. 656 01:07:46,820 --> 01:07:50,240 Have our next evening, there's another thing. 657 01:07:55,600 --> 01:08:01,840 Yes, this is for an application, UPA-94-17 for Janice C. Evans. 658 01:08:02,320 --> 01:08:08,220 As for a special use permit for a tourist home at 125 horseshoe drive, it's shown here in 659 01:08:08,220 --> 01:08:13,700 red off a horse shoe drive, which is a loop road off of East Queen's drive. 660 01:08:14,360 --> 01:08:20,100 Okay, here has two side streets point-lore place and hunter-lane, but all these houses 661 01:08:20,100 --> 01:08:23,020 access off of the loose one way or another. 662 01:08:23,500 --> 01:08:25,800 This is the aerial photo of the property. 663 01:08:26,420 --> 01:08:28,720 Again, the house is shown in red. 664 01:08:29,800 --> 01:08:34,820 The property, in the last slide, all the properties are zone R, R, and designated 665 01:08:34,820 --> 01:08:37,440 low density in the comprehensive plant. 666 01:08:38,200 --> 01:08:42,100 The existing development on there is a single family home. 667 01:08:45,040 --> 01:08:47,300 This is a picture of the property from the driveway. 668 01:08:47,520 --> 01:08:52,260 You can see the parking area outside the two car garage here, 669 01:08:52,400 --> 01:08:54,540 and the driveway leading up to the front of the house, 670 01:08:54,860 --> 01:08:57,660 standing on the other side, kind of looking from the other direction, 671 01:08:58,500 --> 01:09:01,020 showing that the home, the backyard, 672 01:09:02,420 --> 01:09:04,980 the deck there in the back, and the flat space, 673 01:09:04,980 --> 01:09:11,200 and it goes down to the lake there, and this is standing on the other side of the driveway 674 01:09:11,200 --> 01:09:16,740 looking up into that parking area. You can see the two car garage, the driveway area, parking 675 01:09:16,740 --> 01:09:22,960 area there in front of us, and then the driveway going up to horseshoe drive. Just a little background 676 01:09:22,960 --> 01:09:30,900 for this. We had the county received a complaint on January 20th of this year. The our zoning code 677 01:09:30,900 --> 01:09:37,700 enforcement office went out and did some investigation, looked, found that this was a site 678 01:09:37,700 --> 01:09:45,520 being offered on the Airbnb website. They sent a notification or a notice of violation to 679 01:09:45,520 --> 01:09:51,940 the property owner on May 3rd of this year when unclaimed. They were finally able to get in contact 680 01:09:51,940 --> 01:09:58,940 with the caretaker of the property mis Williams and they adjusted the notice of violation and 681 01:09:58,940 --> 01:09:59,960 he sent it on May 30th. 682 01:10:00,000 --> 01:10:13,760 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. 683 01:10:14,560 --> 01:10:18,980 And that's when Ms. Williams came in and applied for the special use permit. 684 01:10:21,900 --> 01:10:26,600 tourist homes are defined as an establishment either in a private dwelling or in a structure 685 01:10:26,600 --> 01:10:31,920 accessory and subordinate to a private dwelling, which temporary accommodations are provided 686 01:10:31,920 --> 01:10:34,360 to overnight transient guests for fee. 687 01:10:34,840 --> 01:10:38,940 A little different than bed and breakfast, we do allow bed and breakfast also, but in bed 688 01:10:38,940 --> 01:10:43,140 breakfast, of course you have to have breakfast, you have served breakfast, and you also have 689 01:10:43,140 --> 01:10:48,220 to have someone on premises, either an operator or the owner or owner of the residence needs 690 01:10:48,220 --> 01:10:52,380 be living there, and that's different from tourists' homes. 691 01:10:52,480 --> 01:10:57,000 We don't require anyone to live in the home and be a caretaker of any kind. 692 01:10:57,660 --> 01:11:03,160 It can be the whole structure or can be used for the transient gas. 693 01:11:03,380 --> 01:11:08,200 And there are no requirements for breakfast or anything of that nature. 694 01:11:09,180 --> 01:11:14,060 But it is required to maintain a parent's of a single detached home and normal residential 695 01:11:14,660 --> 01:11:15,220 use. 696 01:11:16,680 --> 01:11:19,980 This is the sketch plan the applicant gave us. 697 01:11:20,400 --> 01:11:25,640 This is a three bedroom tourist home about 2,500 square feet, 698 01:11:25,780 --> 01:11:27,600 single family detached home. 699 01:11:27,840 --> 01:11:31,060 It is surrounded by single family homes across horses 700 01:11:31,060 --> 01:11:34,320 who drive and on either side or single family homes. 701 01:11:35,300 --> 01:11:37,040 This is the applicant's floor plan. 702 01:11:38,040 --> 01:11:40,900 There's a one story home with a basement. 703 01:11:40,900 --> 01:11:48,060 The upstairs has a living dinette area, dining room, living room kitchen, sun room, and then 704 01:11:48,060 --> 01:11:50,500 three bedrooms which would be available to the guests. 705 01:11:52,280 --> 01:11:56,380 The applicants later didn't stipulate how many guests they would allow in the maximum. 706 01:11:57,040 --> 01:12:01,820 So staff assumed because there are two bedrooms would be two guests per room, so about 707 01:12:01,820 --> 01:12:08,400 six maximum guests at one time, and the latter did not also did not specify how long the 708 01:12:08,400 --> 01:12:13,380 would be if there is a minimum of maximum, it didn't stipulate that. 709 01:12:15,330 --> 01:12:20,430 The applicant is indicated that they no longer are offering this home on the Airbnb site. 710 01:12:21,230 --> 01:12:26,510 It's no longer being offered for occupancy, but it has been booked up through September 5th, 711 01:12:26,690 --> 01:12:31,390 at which point on September 5th the owner is looking to occupy the structure again. 712 01:12:31,990 --> 01:12:37,190 I will note that's about two weeks before the board of supervisors is actually here this case. 713 01:12:40,350 --> 01:12:43,010 But they are, they just, they just, they, they, they, they, they, they, they, they, they, 714 01:12:43,090 --> 01:12:47,110 premises would no longer be offered for rental beyond that date, and that's what they said in 715 01:12:47,110 --> 01:12:47,590 their letter. 716 01:12:49,250 --> 01:12:55,050 There are several, been breakfast in Yorktown, or in York County, most of those are located 717 01:12:55,050 --> 01:13:00,050 in Yorktown Village here in the historic area, there are three, and then we have the Bay 718 01:13:00,050 --> 01:13:05,130 Tree Beach Manor down in Seaford on a 9.5 acre lot on the water. 719 01:13:05,890 --> 01:13:18,330 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. 720 01:13:20,990 --> 01:13:33,390 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. 721 01:13:33,390 --> 01:13:39,730 Yorktown here is historic areas, so it's easy within walking distance for those kinds of uses. 722 01:13:40,150 --> 01:13:49,870 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. 723 01:13:51,310 --> 01:13:59,050 This is located on a 15-foot wide loop street, horseshoe drive, which serves about 28 single-family detached homes. 724 01:13:59,050 --> 01:14:03,110 And that drive is accessed off of East Queen Street. 725 01:14:03,590 --> 01:14:04,950 Equal drives, sorry, East Queen's drive, 726 01:14:05,150 --> 01:14:08,850 which is only about 20 feet wide in places. 727 01:14:11,250 --> 01:14:13,090 This is similar to another request we had, 728 01:14:13,270 --> 01:14:14,330 which it was also in Queen's leg. 729 01:14:14,330 --> 01:14:17,710 It was on the other side of Queen's leg off West Queen's, 730 01:14:17,710 --> 01:14:18,630 on Valor Corde. 731 01:14:18,670 --> 01:14:20,790 It was a single family home on a cold attack. 732 01:14:21,230 --> 01:14:25,590 There was no owner residency in that request. 733 01:14:25,590 --> 01:14:33,830 It got a lot of opposition from the adjacent neighbors who were concerned about the short-term 734 01:14:33,830 --> 01:14:39,270 stays for these guests, and eventually the board did vote to deny that application. 735 01:14:39,610 --> 01:14:45,510 It was mainly on because of the lack of onsite management and the concern from the neighbors that they received. 736 01:14:47,840 --> 01:14:49,960 Traffic is a bit of a concern with this application. 737 01:14:50,920 --> 01:14:54,760 A typical single family home has about 9.6 vehicle trips per day, 738 01:14:54,760 --> 01:14:59,960 So on horseshoe drive with 28 homes, we have about 269 vehicle trips per day. 739 01:15:00,940 --> 01:15:05,680 How are we proposed? Tourstones are a little bit different. With a maximum 740 01:15:05,680 --> 01:15:10,460 of optimistic of six people, that's about three times the average household size generation, 741 01:15:10,820 --> 01:15:16,100 so about 57 trips per day, likely. And with vacationers, you're going to have more trips 742 01:15:16,100 --> 01:15:20,280 because if we're becoming and going multiple times throughout the day, with potential 743 01:15:20,280 --> 01:15:26,740 for multiple vehicles being in and out of that property. So the possibility of higher traffic 744 01:15:26,740 --> 01:15:29,120 with kind of use, it is great. 745 01:15:30,900 --> 01:15:32,320 Parking, the Zodiacanastroquars, 746 01:15:32,740 --> 01:15:34,780 five off street parking spaces for this. 747 01:15:34,920 --> 01:15:36,060 They can't accomplish that. 748 01:15:36,060 --> 01:15:37,440 They have the two car garage. 749 01:15:38,100 --> 01:15:41,640 They have space for three more cars on the outside. 750 01:15:42,360 --> 01:15:45,880 And that about 36 foot wide area outside the garage. 751 01:15:46,160 --> 01:15:47,820 And as well as the parking, 752 01:15:48,080 --> 01:15:50,120 the driveway can have some parallel parking 753 01:15:50,120 --> 01:15:52,720 because it is wider as you get closer to the home. 754 01:15:54,180 --> 01:16:02,660 I will note that staff has put in a requirement for screening of the parking area in the post-resolution. 755 01:16:04,580 --> 01:16:06,660 Queensland does not have a homeowner's association. 756 01:16:07,040 --> 01:16:09,380 They have a volunteer association. 757 01:16:10,280 --> 01:16:15,300 Many residents belong to the association, but it's unlike a homeowner's association. 758 01:16:15,580 --> 01:16:19,300 It does not have any legal jurisdiction over the use of the property in the neighborhood. 759 01:16:19,300 --> 01:16:23,740 of regardless of this, the county cannot be partied in kind of enforcement of any private 760 01:16:23,740 --> 01:16:25,520 covenants that they may have. 761 01:16:25,960 --> 01:16:30,360 That's a grim as between private property owners, so the county really can't take any 762 01:16:30,360 --> 01:16:31,620 part of that. 763 01:16:33,880 --> 01:16:40,960 In allowing tourist homes in the rural residential area, we have said that there could be 764 01:16:40,960 --> 01:16:46,160 some allowances and special by special use permit, so it could be appropriate but not in 765 01:16:46,160 --> 01:16:52,660 locations. Tourist homes by their nature are higher intensity than a single 766 01:16:52,660 --> 01:16:56,340 family home with vacation rentals generally having a higher per unit 767 01:16:56,340 --> 01:17:01,920 occupancy as well as increased traffic and vehicle trips per day. 768 01:17:03,200 --> 01:17:07,920 The use could be appropriate at some residential areas if there was on a larger 769 01:17:07,920 --> 01:17:13,000 parcel in a more sparsely developed location, however, this is a quiet neighborhood 770 01:17:14,360 --> 01:17:18,320 with immediate neighbors on both sides and across the street. 771 01:17:18,540 --> 01:17:23,060 The staff does not believe the traffic and activity levels associated with this proposed use 772 01:17:23,060 --> 01:17:26,860 would be compatible with the residential character of this or the surrounding area. 773 01:17:27,900 --> 01:17:32,940 The resident owner would not be on site for any of these rentals. 774 01:17:33,500 --> 01:17:37,820 So there is no one there to monitor use the property or the conduct of the applicants. 775 01:17:37,820 --> 01:17:49,160 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. 776 01:17:49,700 --> 01:17:57,460 So there is no guarantees that they would cease use or once she did take when she went on the property. 777 01:17:58,160 --> 01:18:02,560 There's no guarantees that she would prevent stop using the property for the rental. 778 01:18:03,320 --> 01:18:08,400 Therefore, based on those considerations, we as staff feel like you should recommend denial 779 01:18:08,400 --> 01:18:09,560 for this to the board. 780 01:18:10,260 --> 01:18:14,780 However, if you would like to recommend approval, we have provided you with a resolution, 781 01:18:15,180 --> 01:18:18,740 a PC number, PC number 17-22. 782 01:18:19,760 --> 01:18:21,840 In there, we have stipulated a few conditions. 783 01:18:22,220 --> 01:18:24,220 I would just like to talk about quickly. 784 01:18:25,760 --> 01:18:29,860 It would need to operate in accordance with the narrative, sketch plan and the floor plans, 785 01:18:29,860 --> 01:18:37,060 the African is submitted, they would need to obtain the required building permits and occupancy 786 01:18:37,060 --> 01:18:40,160 permits, licensure, and so forth from the county. 787 01:18:41,080 --> 01:18:46,500 We are asking that in the conditions that the owner be an occupant of the dwelling, if it's 788 01:18:46,500 --> 01:18:51,060 going to be rented out, the owner needs to be living there so they can monitor what's going 789 01:18:51,060 --> 01:18:54,840 on and that the limit be up no more than six people. 790 01:18:55,460 --> 01:18:59,460 And that Austria parking would be screened from the adjacent property. 791 01:19:00,280 --> 01:19:04,200 Additionally, fire and life safety had some concerns because 792 01:19:04,200 --> 01:19:06,920 that they would like address, and so we included things in there, 793 01:19:07,140 --> 01:19:10,220 like requiring an emergency action plan, fire extinguishers, 794 01:19:10,520 --> 01:19:13,460 interconnected smoke detectors, and an annual fire inspection. 795 01:19:14,100 --> 01:19:17,580 And then lastly, the big one is that if you were to recommend approval, 796 01:19:18,160 --> 01:19:21,900 we think we probably need to require a one-year renewal with this. 797 01:19:21,900 --> 01:19:28,980 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. 798 01:19:29,580 --> 01:19:33,220 And if they could get letters from all the adjoining property owners, they would just go to the board. 799 01:19:33,520 --> 01:19:38,180 The board could see that they have that all the adjacent property owners are okay with it. 800 01:19:38,260 --> 01:19:45,540 And then they could continue moving on for an indefinite time before the board without any kind of public hearing needed. 801 01:19:46,200 --> 01:19:50,540 They could not come up with those letters and then we have to go back through the special use permit process. 802 01:19:51,860 --> 01:19:55,680 that the board has set up for this type of use. 803 01:19:57,020 --> 01:19:58,200 I'm happy to answer any questions. 804 01:19:58,300 --> 01:19:59,840 I know I'm Ms. Williams is here tonight. 805 01:20:00,000 --> 01:20:08,800 To talk and give you her account for the property, but if any questions, I'm happy to answer them. 806 01:20:10,110 --> 01:20:10,590 Any questions? 807 01:20:12,270 --> 01:20:14,310 Earl, let me get this straight. 808 01:20:14,710 --> 01:20:19,710 The applicant has no intent on renting out the home beyond September 5th. 809 01:20:19,710 --> 01:20:20,810 That is what her letter is state. 810 01:20:21,230 --> 01:20:26,090 And if the Board of Supervisors were to approve this request, it would be week or two from now. 811 01:20:26,250 --> 01:20:29,070 So we're talking a use permit for a week or two. 812 01:20:29,070 --> 01:20:34,030 Board will end of September, so end of September, so let's say 30 days by time everything 813 01:20:34,030 --> 01:20:41,010 is approved, so that's what we're talking about here, a 30-day permission for this proposal. 814 01:20:41,550 --> 01:20:45,630 Well, by that time, it would have ceased operation, the last of the bookings would have been done. 815 01:20:45,890 --> 01:20:49,570 But there's no guarantee, right? Well, I mean, it's just what she stated in a letter. 816 01:20:50,130 --> 01:20:53,810 Okay, but there's no guarantee if it were to be approved and continue it as is. 817 01:20:53,810 --> 01:21:00,170 Right, if this was gone, if it went to the board, and on September, and the board decided to approve it, 818 01:21:00,210 --> 01:21:02,150 they would have this use on that property. 819 01:21:02,430 --> 01:21:07,590 Second question was, thank you. Second question was, is the applicant does not live in the residence. Correct. 820 01:21:08,290 --> 01:21:13,390 She has been in the hospital and rehabilitation, so she's in another talk. Thank you. 821 01:21:17,210 --> 01:21:24,650 I think there's an online review or something of some guests of this property and 822 01:21:24,650 --> 01:21:28,650 voter review and they said that it's the same time they were running out the upstairs, 823 01:21:28,910 --> 01:21:34,330 there were someone else were running out the downstairs, the basement, that didn't see any 824 01:21:34,330 --> 01:21:38,850 reference to the running out the basement or in the application. 825 01:21:39,910 --> 01:21:46,250 We have, we've received, and my phone conversations with Ms. Williams and Ms. Evans, they said 826 01:21:46,250 --> 01:21:51,330 that they have a young lady that's staying in the bottom of it, but none of their official, 827 01:21:51,770 --> 01:21:54,850 you know, they didn't give us anything official and letter form, I don't think it was just 828 01:21:54,850 --> 01:21:55,610 in conversations. 829 01:21:56,470 --> 01:21:59,870 So I'm not sure exactly how that works, the applicant can probably address that a little bit 830 01:21:59,870 --> 01:22:01,030 better than I could. 831 01:22:03,860 --> 01:22:04,480 Is there any? 832 01:22:05,000 --> 01:22:06,120 A couple questions, sir. 833 01:22:06,220 --> 01:22:06,680 Yes, sir. 834 01:22:07,260 --> 01:22:14,560 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. 835 01:22:15,220 --> 01:22:24,680 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? 836 01:22:25,540 --> 01:22:28,040 not a higher incident of crime, no. 837 01:22:28,200 --> 01:22:31,820 I mean, we have nothing we have any kind of empirical evidence 838 01:22:31,820 --> 01:22:33,080 that we can point to. 839 01:22:33,180 --> 01:22:36,380 No one's ever done the study of vacation rentals 840 01:22:36,380 --> 01:22:39,240 to see if they had a higher crime rate. 841 01:22:39,760 --> 01:22:41,360 And if they were in a single family neighborhood, 842 01:22:41,420 --> 01:22:44,780 how that was applied, I do a good email 843 01:22:44,780 --> 01:22:46,640 that's about that we couldn't find any information 844 01:22:46,640 --> 01:22:47,760 in the shares department. 845 01:22:48,340 --> 01:22:49,020 Thank you. 846 01:22:49,180 --> 01:22:52,080 Another question, and it kind of comes to this 847 01:22:52,080 --> 01:22:53,860 and the one last month that we had, 848 01:22:54,100 --> 01:22:57,140 it was over by the elementary school of that area. 849 01:22:58,360 --> 01:22:59,780 But in this particular application, 850 01:23:00,100 --> 01:23:02,440 we talk about, it's not within walking distance 851 01:23:02,440 --> 01:23:06,120 and there's no historical tourist areas, 852 01:23:06,500 --> 01:23:08,480 right close to the fake people could walk to. 853 01:23:08,880 --> 01:23:12,000 But in that last application, we did not address that at all, 854 01:23:12,000 --> 01:23:12,460 either. 855 01:23:12,680 --> 01:23:16,420 If I remember right, it wasn't within walking distance of anything. 856 01:23:16,980 --> 01:23:21,440 So I'm curious of why the walking piece of this 857 01:23:21,440 --> 01:23:26,400 and distance from tourist attractions is emphasized in this application. 858 01:23:27,300 --> 01:23:31,240 What was emphasized in the last one, we said that, you know, it was within walking distance 859 01:23:31,240 --> 01:23:35,120 of any of those areas either. And that's just basically compared off what's already been 860 01:23:35,120 --> 01:23:40,300 approved, bed and breakfast, and tourist home-wise. All of those applications are, except for 861 01:23:40,300 --> 01:23:44,940 the Bay Tree Beach Manor bed and breakfast, had been near a historical area, whether they're 862 01:23:44,940 --> 01:23:49,680 here in Yorktown or off of the Morehouse Road, which is named in the street. So they are 863 01:23:49,680 --> 01:23:50,860 within walking distance. 864 01:23:51,520 --> 01:23:53,540 And thank you for clarifying that. 865 01:23:53,900 --> 01:23:54,080 Yes, that's right. 866 01:23:54,080 --> 01:23:55,320 I was in the state in last time. 867 01:23:56,200 --> 01:23:59,340 And also, as a condition of running this out as a tourist home, 868 01:24:00,520 --> 01:24:03,040 can I know there was talk about dog-beamless. 869 01:24:03,820 --> 01:24:09,060 Can be no pets be added to the condition of either their agreement 870 01:24:09,060 --> 01:24:12,080 that they had with A, B, and B, or something else, 871 01:24:12,220 --> 01:24:13,980 where there's no pets can be involved, 872 01:24:14,160 --> 01:24:16,280 because that could eliminate that particular issue. 873 01:24:16,780 --> 01:24:24,360 Also, could it be limited to only as a condition going forward that only one family at a time could be in this realm? 874 01:24:25,760 --> 01:24:28,560 You as the planning commission can propose whatever conditions you would like. 875 01:24:28,700 --> 01:24:31,060 I don't think it would just matter of reasonableness. 876 01:24:31,720 --> 01:24:36,640 I mean, I would probably defer to our counter attorney to see if it's reasonable to not allow pets. 877 01:24:37,480 --> 01:24:42,280 And this kind of use, I don't know off the top of my head if that would be unreasonable or not. 878 01:24:43,600 --> 01:24:45,640 But I mean, you as a planning question have the 879 01:24:45,640 --> 01:24:48,860 prerogative to add conditions to the resolution. 880 01:24:49,220 --> 01:24:51,920 And we just make it a revised resolution for you. 881 01:24:51,940 --> 01:24:54,240 If you wanted to put those kinds of conditions on it, 882 01:24:54,340 --> 01:24:57,260 you have that prerogative as the planning question. 883 01:24:57,320 --> 01:24:58,200 You can do that. 884 01:24:58,280 --> 01:24:59,820 You can add whatever you would like. 885 01:25:00,140 --> 01:25:02,020 Okay, thank you. You're welcome. 886 01:25:03,420 --> 01:25:04,300 Excuse me. 887 01:25:05,100 --> 01:25:17,980 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. 888 01:25:18,680 --> 01:25:20,140 What is the applications, that correct? 889 01:25:21,760 --> 01:25:23,160 That it has to be owner occupied. 890 01:25:23,320 --> 01:25:28,440 In the proposed resolution that we've given you one of the conditions would be that the owner be a resident. 891 01:25:29,660 --> 01:25:38,060 would be able to have the latitude to appoint to have an agent or a representative act on her behalf? 892 01:25:38,360 --> 01:25:47,160 You could just, just that condition to say it could be an operator or a caretaker who lives on the property. 893 01:25:47,640 --> 01:25:51,640 We just want someone to be on the property to maintain that. 894 01:25:51,640 --> 01:26:07,440 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 895 01:26:08,320 --> 01:26:15,520 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 896 01:26:15,520 --> 01:26:19,480 adopt the resolution had something in there that would require someone to be on site. 897 01:26:19,480 --> 01:26:27,540 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? 898 01:26:27,800 --> 01:26:31,360 Well, I mean the tourist home is that would be the principal use. 899 01:26:32,160 --> 01:26:36,440 It's still a single family home has to maintain the looking feel of a single family home. 900 01:26:36,940 --> 01:26:40,260 But the tourist home it would be allowed as a use of the property. 901 01:26:40,420 --> 01:26:41,820 So it just has to have the appearance. 902 01:26:42,460 --> 01:26:44,740 Right, it has to have the appearance of a single family home. 903 01:26:44,960 --> 01:26:46,320 All right, thank you. 904 01:26:46,460 --> 01:26:47,160 I just want some clarification. 905 01:26:47,160 --> 01:26:48,220 I have a problem. 906 01:26:48,640 --> 01:26:49,420 Okay, any further questions? 907 01:26:51,500 --> 01:26:52,040 All right. 908 01:26:52,100 --> 01:26:54,640 Seeing none, we'll open the public room. 909 01:26:54,880 --> 01:27:00,100 We have Katherine Williams as the applicant's representative, and you have 10 minutes 910 01:27:00,100 --> 01:27:01,340 for each stage of your name and address. 911 01:27:01,900 --> 01:27:02,740 Thank you. 912 01:27:03,020 --> 01:27:06,640 My name is Katherine Williams, and I'm at 4428 Eagle Book Drive Williams. 913 01:27:07,820 --> 01:27:08,560 And I will apologize. 914 01:27:09,200 --> 01:27:12,620 Public speaking was the only class I can close to working in high college. 915 01:27:18,820 --> 01:27:28,600 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. 916 01:27:29,320 --> 01:27:31,120 I'm sorry. Is that better? 917 01:27:31,780 --> 01:27:32,280 Yes. 918 01:27:33,420 --> 01:27:35,500 And she's been in hospital and or rehab. 919 01:27:35,500 --> 01:27:45,780 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 920 01:27:46,400 --> 01:27:52,840 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 921 01:27:52,840 --> 01:27:59,940 and then when she needed some extra help doing things because of her medical condition she just kind of elicited me for help so 922 01:27:59,940 --> 01:28:15,040 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. 923 01:28:15,340 --> 01:28:17,440 There could be nothing further from the truth of that. 924 01:28:18,080 --> 01:28:22,620 The day she saw this house, we were driving around in a little antique sports car that I inherited from my mother. 925 01:28:22,620 --> 01:28:28,140 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. 926 01:28:28,340 --> 01:28:35,320 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. 927 01:28:35,640 --> 01:28:44,160 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. 928 01:28:44,460 --> 01:28:46,840 Her medical condition needs her to be on one floor. 929 01:28:46,840 --> 01:28:53,360 So she bought this house with the intention and actively did that, pursued selling her house where 930 01:28:53,360 --> 01:28:54,360 she currently resides. 931 01:28:55,440 --> 01:28:59,240 Unfortunately, she lives in Governor's land with dues and fees, and the rental market 932 01:28:59,240 --> 01:29:01,320 is very low in that area. 933 01:29:01,900 --> 01:29:04,220 So after 12 months, she didn't sell her house. 934 01:29:05,060 --> 01:29:07,360 The house in Queens Lake had set vacant. 935 01:29:08,460 --> 01:29:10,740 At that point, she decided to rent her house. 936 01:29:10,740 --> 01:29:13,000 She was desperate to move to the home that she had purchased. 937 01:29:13,500 --> 01:29:19,160 So, she went through a lot of renovations in the homes, some color changes, making the side 938 01:29:19,160 --> 01:29:19,780 box safe. 939 01:29:19,960 --> 01:29:25,280 The front side walk was probably original to the house, was very kiltered off kilter and was 940 01:29:25,280 --> 01:29:28,400 not safe for her to walk on without worrying about tripping. 941 01:29:29,360 --> 01:29:34,900 So that's the biggest premise that I kind of wanted to wait for people who have objected 942 01:29:34,900 --> 01:29:36,840 to her having this as an Airbnb. 943 01:29:37,480 --> 01:29:39,020 It was never as a rental property. 944 01:29:39,020 --> 01:29:43,840 it was to basically recoup some of the funds that she had expended getting the house ready 945 01:29:43,840 --> 01:29:44,980 for her to move into. 946 01:29:47,540 --> 01:29:54,300 The other ten seems to be a problem is the vetting of the people that come in. 947 01:29:54,580 --> 01:29:58,760 Airbnb does have a very stringent vetting process of their own. 948 01:29:58,760 --> 01:29:59,960 I've personally become... 949 01:30:00,000 --> 01:30:29,980 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. 950 01:30:30,000 --> 01:30:41,880 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. 951 01:30:42,080 --> 01:30:51,300 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. 952 01:30:51,520 --> 01:30:53,260 I mean, their house rules, their art animals. 953 01:30:53,260 --> 01:30:56,540 We know that they have addressing your pet situation. 954 01:30:57,280 --> 01:31:07,330 We inquire and require proof that they all have valid license as well as up to date on their shots. 955 01:31:07,910 --> 01:31:14,350 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. 956 01:31:14,890 --> 01:31:18,910 And the dogs in the backyard that are currently at the home are Kate's animals. 957 01:31:18,910 --> 01:31:24,470 And one that is Kate's Katie's, we've got a Catherine of Kate in the Katie's, I know it gets confusing. 958 01:31:25,210 --> 01:31:30,330 The young woman that does live in the basement, we call it a storage unit to begin with, but it used to be. 959 01:31:30,410 --> 01:31:38,290 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. 960 01:31:38,530 --> 01:31:46,950 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. 961 01:31:47,610 --> 01:31:56,170 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. 962 01:31:56,590 --> 01:32:07,570 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. 963 01:32:07,570 --> 01:32:15,410 They parked on the neighbor's lawn, they were confronted about that, apparently they were very respectful and compliant, moved everything. 964 01:32:16,070 --> 01:32:21,470 But it was an issue and most people made the natural assumption that it was guests, it was not, it was the tenant. 965 01:32:23,590 --> 01:32:27,510 The cars and increased traffic, I wanted to kind of address that a little bit. 966 01:32:28,010 --> 01:32:33,910 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. 967 01:32:33,910 --> 01:32:38,950 Katie has said that people either leave and go all day or they stay at the house. 968 01:32:39,430 --> 01:32:44,030 Most of the people that are here with us are just like everybody that lives in Queens Lake. 969 01:32:44,830 --> 01:32:49,950 Their parents who fly in, that their kids come from Charlottesville in DC to have a family 970 01:32:49,950 --> 01:32:50,450 reunion. 971 01:32:50,930 --> 01:32:55,570 Their mothers that fly from Iowa because their daughters graduating from William and Mary. 972 01:32:56,770 --> 01:33:01,690 We had one that just had a new baby that lived in Richmond, her parents flew in from New Orleans 973 01:33:01,690 --> 01:33:09,070 to see the new baby. So it's convening of families. The last one we had was five children 974 01:33:09,070 --> 01:33:12,830 who were homeschooled, and it was their summer project to go to Columbia Williamsburg 975 01:33:12,830 --> 01:33:18,610 James Town in Yorktown. They visit our local area. They spend money in our local area, 976 01:33:18,930 --> 01:33:25,370 and I've had every single one of them would have no complaint of any of the guests that we've 977 01:33:25,370 --> 01:33:27,370 stay with us. 978 01:33:29,450 --> 01:33:30,570 theft and break ends. 979 01:33:31,010 --> 01:33:33,610 Um, my personal opinion is, um, 980 01:33:34,010 --> 01:33:35,430 that's kind of a loot, because the language and 981 01:33:35,430 --> 01:33:37,690 stance, land rest to think that just because somebody 982 01:33:37,690 --> 01:33:39,230 doesn't live in your neighborhood, they're going to 983 01:33:39,230 --> 01:33:41,030 steal your property and break into your homes. 984 01:33:41,610 --> 01:33:43,470 Um, one comment was, um, 985 01:33:43,870 --> 01:33:45,270 a young black man in the driveway. 986 01:33:45,450 --> 01:33:48,370 I hope in 2017, I don't need to approach the 987 01:33:49,190 --> 01:33:51,210 reason that happened to be. 988 01:33:51,710 --> 01:33:54,010 Um, some of the guests had talked about the trash bins and 989 01:33:54,010 --> 01:33:59,210 cycles being out in the street. I think a couple times I had been there on Sunday and did 990 01:33:59,210 --> 01:34:03,910 move them out a couple days early, but typically that is not the case. We encourage recycling. 991 01:34:04,550 --> 01:34:09,210 We do have a recycle bin in the house, one outside the garage door, and then we dump it into the bin. 992 01:34:09,850 --> 01:34:17,210 Trash, they don't have much. We buy the smelly ones and we double bag that and throw it out, so I don't 993 01:34:17,210 --> 01:34:22,970 think that the trash has been a smelly option for the neighbors. We do want to address what Earl 994 01:34:22,970 --> 01:34:29,830 It's said about fire extinguishers, there's fire smoke alarms and fire extinguishers on both levels of the home. 995 01:34:36,140 --> 01:34:38,780 Let's see, I made some notes for the traffic. 996 01:34:41,670 --> 01:34:43,710 I think that was all that I had made notes. 997 01:34:43,790 --> 01:34:47,690 What I tried to do is to look at all the complaints that some of the neighbors had, 998 01:34:48,090 --> 01:34:49,330 and try to address those. 999 01:34:49,470 --> 01:34:51,510 I have talked to several neighbors on the phone. 1000 01:34:51,950 --> 01:34:54,670 And again, I think the problems that they have, 1001 01:34:54,670 --> 01:34:59,970 address is all misconceptions, perceptions, and unfortunately they're basing their complaints on. 1002 01:35:00,000 --> 01:35:07,180 What basically is a rumor, a perception of something or something they heard from a neighbor, or simply just what they think. 1003 01:35:07,820 --> 01:35:10,980 And most of them, I believe, are not really the case. 1004 01:35:17,710 --> 01:35:23,030 We have any questions for sweeps, Mr. King, sweams, 1005 01:35:25,490 --> 01:35:29,650 your intent or the homeowners' intent is to end this in September 5th. 1006 01:35:29,650 --> 01:35:32,290 Her intent was always to live in this house. 1007 01:35:33,030 --> 01:35:34,830 She, unlike I said, unfortunately, was in the hospital. 1008 01:35:35,890 --> 01:35:37,610 In Christmas, it's time. 1009 01:35:38,310 --> 01:35:40,270 Everybody loves wearing this curtain, Christmas time. 1010 01:35:40,790 --> 01:35:43,890 And somebody had suggested her, why don't you rent your 1011 01:35:43,890 --> 01:35:44,790 your other house? 1012 01:35:45,130 --> 01:35:46,970 Because obviously she had two houses and two more gathers. 1013 01:35:47,250 --> 01:35:49,350 She never planned on carrying two more gathers either. 1014 01:35:49,910 --> 01:35:52,950 Even though she's on a very nice limited income, 1015 01:35:52,950 --> 01:35:55,030 a limited income is still a limited income. 1016 01:35:55,690 --> 01:35:58,370 And she never intended and thought 1017 01:35:58,370 --> 01:35:59,470 with some of the renovations. 1018 01:35:59,470 --> 01:36:04,270 she could recoup some of her money, the neighborhood is beautiful, the house is beautiful and 1019 01:36:04,270 --> 01:36:09,330 everyone is loved it and the reviews were wonderful and so it kind of took off. It was never 1020 01:36:09,330 --> 01:36:14,750 even intended to be accepted through the holidays. When she realized she had a fence for her dogs 1021 01:36:14,750 --> 01:36:18,190 where they were, couldn't rent her house for the seller house, she said, well, why don't we 1022 01:36:18,190 --> 01:36:23,390 air be and be it for a little bit longer? However, the day she found out that she had a three year 1023 01:36:23,390 --> 01:36:29,350 contract on the lease on her house, she's out of there. So even though the Airbnb site you will 1024 01:36:29,350 --> 01:36:34,790 I'll see it online if there's a, I can do the trick, I don't know how to take it down 1025 01:36:34,790 --> 01:36:39,170 on a technological person, I don't know how to take it down and still be able to manage it. 1026 01:36:39,690 --> 01:36:44,690 So you have to stay six days according to the guidelines but I book every single weekend 1027 01:36:44,690 --> 01:36:49,570 I block it off so you fundamentally can't book this space right now and it stopped the 1028 01:36:49,570 --> 01:36:54,430 day she leased her house for three years and that went through September 5th the last person 1029 01:36:54,430 --> 01:36:56,150 is departing on the 5th of September. 1030 01:36:56,150 --> 01:36:59,870 So, how many weeks you have left, rented the class? 1031 01:36:59,870 --> 01:37:02,090 We have, yes, three more guests coming. 1032 01:37:02,570 --> 01:37:03,090 Three more guests. 1033 01:37:03,230 --> 01:37:04,190 You have someone in there today? 1034 01:37:04,550 --> 01:37:04,890 Yes. 1035 01:37:05,510 --> 01:37:05,750 Okay. 1036 01:37:07,860 --> 01:37:08,680 So I'll have this, Chairman. 1037 01:37:08,940 --> 01:37:09,340 Thank you. 1038 01:37:09,700 --> 01:37:09,720 All right. 1039 01:37:10,240 --> 01:37:11,400 Those bills. 1040 01:37:12,220 --> 01:37:12,280 All right. 1041 01:37:13,560 --> 01:37:14,800 A couple of questions if I can. 1042 01:37:14,960 --> 01:37:18,240 I know you addressed most of the questions that you've seen. 1043 01:37:18,940 --> 01:37:22,100 But how about the, I didn't hear you addressed the one from the Queen's 1044 01:37:22,100 --> 01:37:23,500 Lake Community Association. 1045 01:37:23,520 --> 01:37:27,080 I think that's what it is about kayaking on the lake. 1046 01:37:27,940 --> 01:37:30,040 without the owner being present. 1047 01:37:31,360 --> 01:37:36,340 How would you address that and the guests going down to the pool and the 1048 01:37:36,340 --> 01:37:37,780 Well, yes, don't go to the pool. 1049 01:37:38,060 --> 01:37:39,020 They do walk the neighborhood. 1050 01:37:39,200 --> 01:37:40,800 I have told them it's a wonderful neighborhood. 1051 01:37:41,060 --> 01:37:42,140 We don't even walk the house. 1052 01:37:42,240 --> 01:37:44,940 Honestly, sometimes when we're not there and we know guests are coming. 1053 01:37:45,120 --> 01:37:46,360 And I might be running a little late. 1054 01:37:46,580 --> 01:37:48,360 We just leave the door a lot. 1055 01:37:49,560 --> 01:37:50,660 They do kayak. 1056 01:37:51,340 --> 01:37:52,700 I think they are available. 1057 01:37:53,080 --> 01:37:54,000 They're there at the property. 1058 01:37:55,020 --> 01:37:58,340 I've never seen the kids in the lake when I've been there. 1059 01:37:58,340 --> 01:38:00,140 I haven't heard of the kids being in the lake. 1060 01:38:00,380 --> 01:38:01,280 Like I've said, how is your time? 1061 01:38:01,320 --> 01:38:04,120 Because I communicate with these people while they're here also. 1062 01:38:06,560 --> 01:38:09,680 My brother lives in Queens, like my sister takes his kayak all the time. 1063 01:38:09,840 --> 01:38:10,660 He's not home. 1064 01:38:10,800 --> 01:38:15,120 You know, so I guess in my mind, I never thought that was really an issue to be honest. 1065 01:38:16,400 --> 01:38:22,400 I guess you could approach the Queens Lake Community Association and see what you could work out with them. 1066 01:38:22,880 --> 01:38:24,080 Okay, then. 1067 01:38:24,160 --> 01:38:27,640 Secondly, just for general, what's been your occupancy rate since you opened it? 1068 01:38:27,640 --> 01:38:28,360 It's a lot. 1069 01:38:29,220 --> 01:38:32,020 As a matter of fact, my friend helps me flip the house. 1070 01:38:32,860 --> 01:38:33,700 Check out is 11. 1071 01:38:33,920 --> 01:38:34,800 Check in is 3. 1072 01:38:35,080 --> 01:38:36,360 The last three times. 1073 01:38:36,740 --> 01:38:38,800 We've had check out and check in the same day. 1074 01:38:39,320 --> 01:38:43,160 I think between now and end, there's a four day lapse. 1075 01:38:43,880 --> 01:38:46,960 Like a somebody's checking out on Friday and somebody is checking to like the Tuesday. 1076 01:38:49,300 --> 01:38:50,920 But it's a nice house. 1077 01:38:50,920 --> 01:38:57,020 It's serene, it's beautiful, the community is, like I said, people come as a respite, you know, 1078 01:38:57,100 --> 01:39:03,140 everybody talks about the Airbnb isn't close to, you know, tourist and stuff. It's really close, 1079 01:39:03,280 --> 01:39:07,000 as soon as you get out of that funnel of Queens Lake. And that's what people want. They want to 1080 01:39:07,000 --> 01:39:13,140 respite. They want rest. They want to be able to get close to things grocery shopping events. But yet, to be 1081 01:39:13,140 --> 01:39:19,760 able to have family time together. And that's, I would say, 90% probably even more. 1082 01:39:20,640 --> 01:39:24,300 Where it's just been families can be in need together to spend time together. 1083 01:39:24,500 --> 01:39:25,780 Thank you. 1084 01:39:27,780 --> 01:39:28,900 Excuse me. 1085 01:39:29,440 --> 01:39:29,820 Excuse me. 1086 01:39:29,940 --> 01:39:30,580 I had a question. 1087 01:39:30,780 --> 01:39:31,680 It's rather basic. 1088 01:39:36,200 --> 01:39:41,460 Were you aware that a special use permit is required for this operation? 1089 01:39:42,840 --> 01:39:48,940 And when, so it seems like it was an idea that just took off was informal. 1090 01:39:49,780 --> 01:39:57,520 But there had to be some knowledge that the county has some rake, so when was that going to happen? 1091 01:39:57,560 --> 01:39:59,120 Well, I can't address that, I'm sorry. 1092 01:40:00,000 --> 01:40:29,980 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 1093 01:40:29,980 --> 01:40:32,100 not say that she could not. 1094 01:40:32,800 --> 01:40:36,860 She may be in a mistake, made the impression or the understanding 1095 01:40:36,860 --> 01:40:39,460 that she could do it, as long as there were no crevents 1096 01:40:39,460 --> 01:40:40,780 that said she could not. 1097 01:40:41,440 --> 01:40:44,740 The letters that Earl sent, the first one that did come, 1098 01:40:44,960 --> 01:40:48,600 Kate was in the hospital, I did go to the post office 1099 01:40:48,600 --> 01:40:51,080 and because I'm not her, I could not receive her mail. 1100 01:40:51,420 --> 01:40:53,740 When I did talk to him, I said, you know, I understand, 1101 01:40:54,100 --> 01:40:55,980 you don't know me from anybody, but you're not 1102 01:40:55,980 --> 01:40:57,900 going to get her to receive your mail if she can't go 1103 01:40:57,900 --> 01:40:58,760 to the post office. 1104 01:40:58,760 --> 01:41:07,440 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. 1105 01:41:09,950 --> 01:41:11,130 All right, well, thank you. 1106 01:41:11,910 --> 01:41:12,470 Any further questions? 1107 01:41:14,130 --> 01:41:14,910 All right, thank you, Miss Weeps. 1108 01:41:16,190 --> 01:41:20,150 Okay, we have the next folks person will be Ron Kirkland. 1109 01:41:21,790 --> 01:41:24,230 You have three minutes and please state your name and address. 1110 01:41:29,640 --> 01:41:31,080 Chairman John, members of the Planning Commission. 1111 01:41:31,140 --> 01:41:31,900 My name is Ron Kirkland. 1112 01:41:31,960 --> 01:41:33,860 I'm the Executive Director of the Williamsburg Hotel. 1113 01:41:33,860 --> 01:41:37,900 of the Motel Association located in 1915 Boccanas Trail. 1114 01:41:39,220 --> 01:41:41,180 I want to start by saying, I think it's pretty outrageous 1115 01:41:41,640 --> 01:41:44,160 that the applicant has illegally operated as property, 1116 01:41:45,040 --> 01:41:46,880 as a tourist home for quite some time, 1117 01:41:47,340 --> 01:41:49,280 and continues to do so as we learn today. 1118 01:41:50,220 --> 01:41:51,920 The manager is basically saying, 1119 01:41:52,640 --> 01:41:54,580 we're going to continue operating this illegally 1120 01:41:55,220 --> 01:41:56,400 until you make it legal. 1121 01:41:57,480 --> 01:41:58,260 That's, wow. 1122 01:41:59,360 --> 01:42:01,960 I would suggest planning commission not even 1123 01:42:01,960 --> 01:42:08,300 consider the special use permit until the illegal operation ceases, and frankly, the county 1124 01:42:08,300 --> 01:42:13,500 should be taking legal action immediately. Then they have to come to you with clean hands 1125 01:42:13,500 --> 01:42:18,020 and request permission. The mixed use development earlier, I mean, could you imagine if they 1126 01:42:18,020 --> 01:42:22,820 just began construction and built an apartment and started occupying it without your permission? 1127 01:42:24,400 --> 01:42:25,980 It would be outrageous. 1128 01:42:29,060 --> 01:42:31,240 This community in question is 100% residential. 1129 01:42:32,040 --> 01:42:34,960 All of the neighbors are single family dwellings. 1130 01:42:35,320 --> 01:42:39,620 There's a reason that the county spends so much of their time and effort planning communities. 1131 01:42:41,600 --> 01:42:45,440 There's a place where bed and breakfast restaurants, hotels, hairstyles, you name it 1132 01:42:45,440 --> 01:42:49,560 business, is appropriate to operate, and this is not that place. 1133 01:42:50,060 --> 01:42:51,620 There's no compelling need. 1134 01:42:51,860 --> 01:42:56,960 Your county has bed and breakfast hotels, time shares, vacation homes, tours, homes, thousands 1135 01:42:56,960 --> 01:42:59,380 of them that are available right now. 1136 01:42:59,700 --> 01:43:05,000 And those are all operating legally and paying taxes, which do we even know if this property 1137 01:43:05,000 --> 01:43:07,080 pays occupancy taxes, sales taxes? 1138 01:43:11,480 --> 01:43:15,800 Even if you've felt this location more appropriate for a B&B type operation, there's no presence 1139 01:43:15,800 --> 01:43:17,460 of an owner, occupant or resident manager. 1140 01:43:18,000 --> 01:43:22,480 This is an absentee owner management company company situation. 1141 01:43:23,380 --> 01:43:26,320 It's not a situation where the retirees are running out through them to supplement their 1142 01:43:26,320 --> 01:43:26,560 income. 1143 01:43:26,620 --> 01:43:28,900 This is a business in the middle of a family neighborhood. 1144 01:43:30,260 --> 01:43:32,600 York County, it's a great place to live. 1145 01:43:33,000 --> 01:43:33,920 It's got great neighborhoods. 1146 01:43:34,540 --> 01:43:38,460 How long is that going to last with management companies illegally running out the basement 1147 01:43:38,460 --> 01:43:44,640 to a semi-permanent resident, the upstairs, who knows, who's coming and going a simple 1148 01:43:44,640 --> 01:43:49,580 Google search will reveal the horror stories of temporary meth lab, six parties, 1149 01:43:49,900 --> 01:43:55,000 prop up brothels, out of control, raves, parking, traffic, is that what we really 1150 01:43:55,000 --> 01:44:00,740 want on a sleepy horse shoe circle, I think not. On behalf of WHO May we would ask you 1151 01:44:00,740 --> 01:44:03,540 to deny this request today and at any point in the future. Thank you. 1152 01:44:03,620 --> 01:44:07,920 Thank you Mr. Clerk. Next, Christian Haskell. 1153 01:44:08,800 --> 01:44:10,420 Hope I've announced that correct. Yes. 1154 01:44:11,640 --> 01:44:15,560 Christian Pascal, want to do a horseshoe drive, Mr. Chairman and the rest of the committee. 1155 01:44:15,820 --> 01:44:18,040 I appreciate your letting me speak my three minutes here. 1156 01:44:18,660 --> 01:44:20,280 I first would like to address two issues. 1157 01:44:20,400 --> 01:44:24,580 We want to security and one is the apparent disingenuous approach that Mrs. Evans has used. 1158 01:44:25,620 --> 01:44:26,580 The first one is security. 1159 01:44:27,860 --> 01:44:29,260 I want to do a horseshoe drive. 1160 01:44:29,440 --> 01:44:33,700 The property across, for myself, I'm informally responsible for taking care of, 1161 01:44:33,780 --> 01:44:36,200 because the owner passed away and his son owns the property. 1162 01:44:36,380 --> 01:44:37,720 His son comes once a year. 1163 01:44:37,720 --> 01:44:42,600 That means that I can secure that property because I know everyone that lives in this neighborhood. 1164 01:44:43,340 --> 01:44:46,860 When you allow an Airbnb, you allow new faces into the community. 1165 01:44:47,520 --> 01:44:52,680 With new faces into the community, I cannot be sure of who really belongs to that who doesn't. 1166 01:44:53,460 --> 01:44:58,300 This is a security issue for me and I believe from my unpleasant neighbor whose house is vacant. 1167 01:44:59,620 --> 01:44:59,960 Next. 1168 01:45:00,000 --> 01:45:25,860 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. 1169 01:45:25,860 --> 01:45:30,860 Queen's Lake is a not-a-gated community, but it is a secure community because the neighbors pay attention. 1170 01:45:32,540 --> 01:45:36,840 The other issue I like to address is, and I want to address the issue of Airbnb vetting. 1171 01:45:36,980 --> 01:45:42,700 I would differ what the speaker before, the lady who represents Mississippi's Evans Airbnb doesn't vet. 1172 01:45:43,100 --> 01:45:45,420 Anyone who stated Airbnb knows that. 1173 01:45:46,560 --> 01:45:49,080 Next, I'd like to address the issue of the disingenuousness. 1174 01:45:49,080 --> 01:45:59,980 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. 1175 01:46:00,120 --> 01:46:08,280 You would see Mrs. Evans says that the guests have been kind and respectful, appreciative families have gathered and been blessed by the experience. 1176 01:46:08,760 --> 01:46:16,300 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. 1177 01:46:16,300 --> 01:46:18,440 I would never recommend running this property. 1178 01:46:18,700 --> 01:46:19,900 We have never had a worse vacation. 1179 01:46:20,500 --> 01:46:22,600 I was suggest you were thinking about what you want to share 1180 01:46:22,600 --> 01:46:25,220 this property with unknown people before running IE, 1181 01:46:25,320 --> 01:46:26,280 the person that lives below. 1182 01:46:27,740 --> 01:46:30,680 Mrs. Evans also says that she wants to take care of 1183 01:46:30,680 --> 01:46:32,500 her beloved animals and that's why she can't move in, 1184 01:46:32,580 --> 01:46:34,320 but there are animals there right now. 1185 01:46:35,200 --> 01:46:37,760 The Airbnb person says that they were never told 1186 01:46:38,600 --> 01:46:40,900 that there was someone living in a house below 1187 01:46:40,900 --> 01:46:45,200 and that there was no protection between the apartment below 1188 01:46:45,200 --> 01:46:47,300 and their property, which is why they left early. 1189 01:46:48,120 --> 01:46:53,180 Again, disingenuousness with Airbnb, disingenuousness with a guest, disingenuousness with a community. 1190 01:46:53,800 --> 01:46:56,140 No one was told in the community that they were moving in here. 1191 01:46:56,880 --> 01:47:03,160 The first time I was aware of it was when someone told me that people were using Queens Lake association property without authorization. 1192 01:47:04,480 --> 01:47:07,120 I live on the street. I was never told anything about this. 1193 01:47:07,620 --> 01:47:10,740 Disingenuous, I believe disingenuousness with this commission. 1194 01:47:12,220 --> 01:47:19,740 Therefore, I have no resolve, but to last statement to say that there is no guarantee. 1195 01:47:20,020 --> 01:47:20,680 Thank you, Mr. President. 1196 01:47:20,680 --> 01:47:22,760 There is no guarantee that you will leave. 1197 01:47:23,240 --> 01:47:24,360 Stop writing for every week. 1198 01:47:26,280 --> 01:47:28,940 Diane Howell, it's the next signee to speak. 1199 01:47:33,410 --> 01:47:34,490 Please state your name and address. 1200 01:47:34,690 --> 01:47:35,370 You have three minutes. 1201 01:47:40,060 --> 01:47:41,080 Good evening, gentlemen. 1202 01:47:41,460 --> 01:47:42,500 Thank you for this time. 1203 01:47:42,560 --> 01:47:46,540 I'm Diane Howell and my husband and I have lived on horseshoe for 15 years. 1204 01:47:47,340 --> 01:47:52,500 Earlier this year, we began to notice multiple cars frequently unloading at 125 horseshoe 1205 01:47:52,500 --> 01:47:55,800 and numerous unfamiliar people walking in front of our own home. 1206 01:47:56,420 --> 01:47:58,780 Initially, we thought the new owner had moved in, perhaps. 1207 01:47:59,380 --> 01:48:03,740 She had lots of out-of-town visitors, but different groups kept arriving in the trash cans 1208 01:48:03,740 --> 01:48:05,600 kept staying on the streets for days. 1209 01:48:06,320 --> 01:48:10,000 Then through neighbors and in online search, we learned the home was being operated as an 1210 01:48:10,000 --> 01:48:11,460 Airbnb short-term rental. 1211 01:48:12,520 --> 01:48:19,740 Our primary concern is potential risk to our neighbors and the children in the neighborhood with so many unfamiliar transients coming and going. 1212 01:48:20,580 --> 01:48:23,200 There's no way of knowing who is staying on this property. 1213 01:48:23,800 --> 01:48:29,420 We've already had to deal with an all-night party increased traffic on our narrow streets and unleashed pets. 1214 01:48:30,160 --> 01:48:38,980 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. 1215 01:48:38,980 --> 01:48:43,380 The under's been difficult to locate as the planning staff learned for themselves. 1216 01:48:44,280 --> 01:48:49,000 Leaving neighbors no options beyond a call to law enforcement or animal control to resolve 1217 01:48:49,000 --> 01:48:49,580 problems. 1218 01:48:50,780 --> 01:48:54,400 Not only are we concerned about safety and security, but we're concerned about the impact 1219 01:48:54,400 --> 01:48:57,240 that short-term rentals can have to our property values. 1220 01:48:58,220 --> 01:49:03,400 According to a recent National Realtors Association publication, a single family home or condo 1221 01:49:03,400 --> 01:49:08,720 unit, next door to a short-term rental will take longer to sell and bring in lower 1222 01:49:08,720 --> 01:49:13,840 offers. You never know who your neighbors could be, and that's a classic situation, a property 1223 01:49:13,840 --> 01:49:20,120 stigma, unquote. A residential is on property should be just that, purchasing a home in such 1224 01:49:20,120 --> 01:49:24,760 a neighborhood and turning it into a short-term rental negatively impacts the safety security 1225 01:49:24,760 --> 01:49:30,500 real estate values and the very fabric of our community. While there is substantial financial 1226 01:49:30,500 --> 01:49:36,120 gain for these short-term rental owners, what about the impact to my community? When do the rights 1227 01:49:36,120 --> 01:49:40,460 the neighbors who work for years to buy the American dream, a home and a lovely community, 1228 01:49:40,880 --> 01:49:46,580 get considered. Why should the entire neighborhood suffer so one homeowner can make a profit on 1229 01:49:46,580 --> 01:49:51,820 what the community has built and in doing so tear down the very fabric of what made it such a beautiful 1230 01:49:51,820 --> 01:49:58,000 community to begin with. The business plan for Airbnb and short-term rentals has nothing to do with 1231 01:49:58,000 --> 01:49:59,960 in these neighbors, it's about $1. 1232 01:50:01,100 --> 01:50:14,480 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. 1233 01:50:15,620 --> 01:50:20,000 How does a homeowner have any confidence in the zoning for the neighborhood they want to live in? 1234 01:50:20,600 --> 01:50:29,420 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? 1235 01:50:31,160 --> 01:50:37,980 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. 1236 01:50:38,580 --> 01:50:43,120 I am urging you to please deny this permit and protect the zoning of Queens Lake. 1237 01:50:43,120 --> 01:50:50,520 Your decision will establish precedent and send a message to others in Queens Lake who may also be considering a permanent application. 1238 01:50:50,800 --> 01:50:52,080 Thank you. 1239 01:50:52,120 --> 01:50:53,600 Thank you. 1240 01:50:53,640 --> 01:50:55,640 The next speaker is Milton Holt. 1241 01:51:00,310 --> 01:51:07,370 I'm Milton Holt, a little bone point laurel place, which, as you saw in the map, is Connector. 1242 01:51:07,370 --> 01:51:19,010 If you drive, there have been a lot of arguments, I think, against why we should not have a tourist rental in Queens Lake. 1243 01:51:20,490 --> 01:51:25,870 My argument is that I do not believe that this is a reasonable use of property. 1244 01:51:26,030 --> 01:51:33,070 I think property owners have the right to enjoy their property in a way that they wish to, 1245 01:51:33,070 --> 01:51:39,210 But I think it has to be reasonable associated with the community in which the property is. 1246 01:51:39,670 --> 01:51:51,490 As many have mentioned, Queen's Lake is a more single-family community. 1247 01:51:52,490 --> 01:51:55,530 And by that, of course, I mean families. 1248 01:51:55,530 --> 01:52:03,030 And with it, on horseshoe drive itself, there are at least three families that have young children. 1249 01:52:03,990 --> 01:52:13,430 And I think that, for this kind of use of the property, in that kind of environment, 1250 01:52:13,770 --> 01:52:14,990 is just not reasonable. 1251 01:52:15,630 --> 01:52:21,390 So I appreciate everybody who listened to on the telephone to our arguments, 1252 01:52:21,390 --> 01:52:26,150 and read the letters that we sent. 1253 01:52:26,850 --> 01:52:32,070 And I would urge you not to approve this proposal. 1254 01:52:32,530 --> 01:52:33,370 Thank you very much. 1255 01:52:33,710 --> 01:52:35,410 Thank you Mr. Holt. 1256 01:52:36,130 --> 01:52:38,670 On the next speaker, sign is Francis Holt. 1257 01:52:47,070 --> 01:52:50,890 I'm Francis Holt, and I live on point laurel place 1258 01:52:50,890 --> 01:52:51,610 with my husband. 1259 01:52:51,830 --> 01:52:54,370 We own two homes on point laurel place. 1260 01:52:54,810 --> 01:52:56,310 Our daughter lives in one. 1261 01:52:56,310 --> 01:53:06,470 You have our letter in which we have expressed our opposition to the tourist home special permit application. 1262 01:53:07,090 --> 01:53:14,090 Whereas we have great empathy with Ms. Evans relative to her medical problems. 1263 01:53:16,150 --> 01:53:23,050 And we understand the rights of a property owner to use and enjoy their property. 1264 01:53:23,050 --> 01:53:33,010 And we also have great concerns about the exercise of the individual rights within the context 1265 01:53:33,370 --> 01:53:35,750 of the community's rights. 1266 01:53:37,150 --> 01:53:40,850 We've lived in Queens Lake for 44 years. 1267 01:53:41,530 --> 01:53:45,710 We're probably the oldest homeowner's to speak tonight. 1268 01:53:47,190 --> 01:53:50,770 We love Queens Lake, we love your county. 1269 01:53:50,770 --> 01:53:58,010 We see many reasons why you should not advocate this proposal. 1270 01:53:59,230 --> 01:54:04,610 They're detailed in our letter, but let me please just summarize them briefly for you. 1271 01:54:05,030 --> 01:54:13,530 First of all, we think this special use permit would be an utterly drastic misuse 1272 01:54:14,050 --> 01:54:15,990 of property in our community. 1273 01:54:16,970 --> 01:54:22,090 We live on a very quiet and beautiful place. 1274 01:54:23,610 --> 01:54:26,550 We have children in the streets. 1275 01:54:27,550 --> 01:54:30,070 We have neighbors walking at night. 1276 01:54:31,510 --> 01:54:37,550 This summer, we have been a part of the number of groups of people walking our streets. 1277 01:54:38,550 --> 01:54:45,430 We do not know these people, and we do not see familiar faces accompanying them. 1278 01:54:45,430 --> 01:54:51,050 And thus, we assume that they are, guess, at the Airbnb. 1279 01:54:52,510 --> 01:54:53,890 We're concerned about safety. 1280 01:54:54,750 --> 01:54:58,350 Some of our neighbors have talked about our recent crime wave. 1281 01:54:59,130 --> 01:54:59,970 This is of great concern. 1282 01:55:01,620 --> 01:55:16,720 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. 1283 01:55:16,720 --> 01:55:23,420 We don't have strict governance or a very strict homeroose association. 1284 01:55:23,880 --> 01:55:31,760 Mezz Evans as a lawyer saw a loophole and took advantage of it, denying this long tradition 1285 01:55:32,220 --> 01:55:34,960 of single family residences. 1286 01:55:35,300 --> 01:55:41,460 In many cases, we have grandparents, dealing to grandchildren, quince-like property. 1287 01:55:41,460 --> 01:55:46,260 So it's a multi-generational quality of life situation. 1288 01:55:47,200 --> 01:55:54,620 We ask you respectfully, do not recommend approval of this special use permit. 1289 01:55:55,500 --> 01:55:56,620 Thank you. 1290 01:55:56,620 --> 01:55:58,320 Thank you for your time comments. 1291 01:55:59,020 --> 01:56:01,900 Next speaker is Nessir Hallio. 1292 01:56:02,160 --> 01:56:03,100 I got to have this. 1293 01:56:10,400 --> 01:56:11,980 Nessim Hallio. 1294 01:56:12,440 --> 01:56:12,720 I'm sorry. 1295 01:56:13,760 --> 01:56:17,720 I live on 127 horse shoe drive. 1296 01:56:17,720 --> 01:56:22,720 which is adjacent to the property in question. 1297 01:56:25,260 --> 01:56:30,000 I am the one probably that Mr. Anderson mentioned, 1298 01:56:30,540 --> 01:56:35,200 who complained first when I realized when I saw 1299 01:56:35,200 --> 01:56:39,940 the advertisement on Airbnb on my phone. 1300 01:56:41,160 --> 01:56:44,020 Now, I've stayed at Airbnb's myself. 1301 01:56:44,020 --> 01:56:52,440 I'm not aware of any kind of vetting that Airbnb does, as long as you pay and give them a credit card. 1302 01:56:53,920 --> 01:56:58,520 You can stay wherever you are. 1303 01:56:59,500 --> 01:57:06,240 Now, the point is that I've lived in Queens Lake for 40 years. This is my 40th year. 1304 01:57:08,040 --> 01:57:18,360 I've raised three children in Queens Lake, they run in the streets, they play, they go to 1305 01:57:18,360 --> 01:57:27,140 the pool, parents do not worry about their safety because it's a community of families 1306 01:57:27,140 --> 01:57:36,220 and most of the families know each other and the kids have their friends play with each other 1307 01:57:37,460 --> 01:57:42,900 It's a Queen's Lake, it's a bird sanctuary, you can see deer, 1308 01:57:43,100 --> 01:57:46,100 you do, it's a very special community. 1309 01:57:47,920 --> 01:57:51,240 It's a family residential community. 1310 01:57:53,000 --> 01:57:57,160 Doing, having an Airbnb, a short-term rental, short-term 1311 01:57:57,160 --> 01:58:04,820 is what I want to stress, is inconsistent with what 1312 01:58:04,820 --> 01:58:09,780 Queen's Lake is, it would change the whole character of Queen's Lake. 1313 01:58:11,320 --> 01:58:15,980 And of course, reduced property values, which supports schools, 1314 01:58:17,100 --> 01:58:19,540 which support a lot of things. 1315 01:58:21,160 --> 01:58:28,860 Now, since for so many months, this has been rented as an Airbnb. 1316 01:58:28,860 --> 01:58:33,400 And nobody came to me and talked to me. 1317 01:58:33,440 --> 01:58:34,720 I live next door. 1318 01:58:35,540 --> 01:58:39,320 I see everybody who comes every few days. 1319 01:58:39,640 --> 01:58:41,640 Number of people come stay. 1320 01:58:41,900 --> 01:58:42,860 They leave. 1321 01:58:43,400 --> 01:58:48,660 Somebody comes to clean sometimes more than one person 1322 01:58:48,660 --> 01:58:54,940 cleaning than a new arrival comes and someone. 1323 01:58:54,940 --> 01:58:58,780 And we don't know who they are at all. 1324 01:58:59,940 --> 01:59:05,140 I've lost a package has disappeared from my porch. 1325 01:59:05,740 --> 01:59:08,940 And I don't know what happened to it. 1326 01:59:09,280 --> 01:59:11,700 But it's the first time that that has happened. 1327 01:59:14,720 --> 01:59:24,820 So I just please don't let Queen's like change. 1328 01:59:24,940 --> 01:59:28,060 Thank you. Thank you. 1329 01:59:28,280 --> 01:59:32,390 On the next speaker is Brooks. 1330 01:59:35,530 --> 01:59:36,930 I do commissioner. 1331 01:59:38,450 --> 01:59:39,710 My name is Tom Brooks. 1332 01:59:39,970 --> 01:59:41,630 I live at 109 Little John Road. 1333 01:59:42,410 --> 01:59:44,310 I serve on the Queens Lake Community Association Board 1334 01:59:44,310 --> 01:59:46,490 on the Vice President Community Affairs Director. 1335 01:59:46,810 --> 01:59:47,850 I'm also a resident of the neighborhood. 1336 01:59:48,970 --> 01:59:49,950 I love Queens Lake. 1337 01:59:51,310 --> 01:59:53,850 I think from all the feedback I've received 1338 01:59:53,850 --> 01:59:55,230 and from what I keep hearing tonight, 1339 01:59:56,210 --> 01:59:58,010 I think it's important not to conflate 1340 01:59:58,010 --> 01:59:59,950 these UBRB and B's with this part 1341 02:00:00,000 --> 02:00:29,980 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. 1342 02:00:30,000 --> 02:00:35,200 It seems like we're lacking almost a flowchart of what's the appropriate way just to address 1343 02:00:35,200 --> 02:00:36,260 Airbnb's in general. 1344 02:00:36,860 --> 02:00:41,080 And I could see that that's where you get a lot of people going, is this right, is this 1345 02:00:41,080 --> 02:00:45,480 wrong and it's kind of confusing and someone saying, I go on this website, they say, 1346 02:00:45,580 --> 02:00:48,640 wait, my house, great, I'm not going to be destitute now. 1347 02:00:48,900 --> 02:00:50,900 And it seems pretty reasonable to do so. 1348 02:00:51,600 --> 02:00:57,600 So I think we have some issues with Airbnb to look at and just to concept like it and sharing 1349 02:00:57,600 --> 02:01:03,180 economy because frankly, I'd rather not stay in a dingy motel in New Yorktown. I'd rather 1350 02:01:03,180 --> 02:01:07,120 be in someone's beautiful home, cooking in a quiet kitchen, not having someone running 1351 02:01:07,120 --> 02:01:13,580 down the hallways. So I think our sharing economy is leading to some questions we have 1352 02:01:13,580 --> 02:01:19,360 to answer that obviously aren't being done very well. As far as a particular case in hand, 1353 02:01:19,580 --> 02:01:24,780 I'm not sure they're actually technically asking for a permit considering that the permit 1354 02:01:24,780 --> 02:01:28,240 I can't be approved until the intended use of the properties complete. 1355 02:01:28,900 --> 02:01:33,420 I don't know, so maybe it's more a matter of mitigating the violations that have occurred, 1356 02:01:34,220 --> 02:01:36,920 and just trying to be compliant after an honest mistake was made. 1357 02:01:36,960 --> 02:01:38,560 I don't want to impure anyone's motives. 1358 02:01:39,260 --> 02:01:41,400 There's going to be a day when I look forward to meeting Mrs. Evans 1359 02:01:41,400 --> 02:01:43,700 and welcoming her to a neighborhood I love. 1360 02:01:44,900 --> 02:01:48,780 So I don't know why you would approve it simply because the usage 1361 02:01:49,440 --> 02:01:52,900 as stated in the application will be complete by the time you could. 1362 02:01:53,680 --> 02:01:59,640 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. 1363 02:02:01,460 --> 02:02:03,500 Otherwise the application isn't honest, right? 1364 02:02:04,100 --> 02:02:05,640 I'm going to be done using it by then. 1365 02:02:06,160 --> 02:02:08,080 You're not going to approve the application to later. 1366 02:02:09,720 --> 02:02:17,000 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. 1367 02:02:17,700 --> 02:02:26,640 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. 1368 02:02:27,560 --> 02:02:32,040 My son has been nearly run off the road while skateboarding in our quiet little street. 1369 02:02:32,460 --> 02:02:40,400 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. 1370 02:02:41,100 --> 02:02:43,540 We're not entitled to know everyone around our neighborhood. 1371 02:02:43,540 --> 02:02:48,800 And so I just hope we don't conflate Airbnb's with this particular case, it's two separate issues. 1372 02:02:49,340 --> 02:02:49,660 Thank you. 1373 02:02:49,660 --> 02:02:50,660 Thank you, Mr. Brooks. 1374 02:02:51,960 --> 02:02:52,860 Mark Sowers. 1375 02:03:09,020 --> 02:03:09,260 Dean. 1376 02:03:10,260 --> 02:03:11,480 I'm Mark Sowers. 1377 02:03:11,940 --> 02:03:14,400 We live at 122 horseshoe drive. 1378 02:03:14,740 --> 02:03:15,700 Thank you. 1379 02:03:16,540 --> 02:03:22,640 I'm here to ask the board not to approve Airbnb's in Queens Lake at all. 1380 02:03:24,880 --> 02:03:25,420 We are neighborhood. 1381 02:03:26,160 --> 02:03:27,920 We're not a mixed use community. 1382 02:03:27,920 --> 02:03:36,220 You're carrying, we belong in a colonial area and right now we're going through, we're 1383 02:03:36,220 --> 02:03:44,540 looking at revenue, colonial foundation is asking for ways to make money and light 1384 02:03:44,540 --> 02:03:56,040 Mr. Kirkland just talked about, how eloquent the York County has given hotels and 1385 02:03:56,040 --> 02:04:04,320 motels in our area to accommodate individuals who want to come and be part of cloning 1386 02:04:04,320 --> 02:04:05,400 Williamsburg, 1387 02:04:10,190 --> 02:04:17,090 the revenue that was lost is almost calculated $20,000 for a very 1388 02:04:17,090 --> 02:04:27,540 conservative estimate. They've rented this property since December at $105.00.00.00. 1389 02:04:27,540 --> 02:04:31,560 And you calculate it for just three nights a week. 1390 02:04:33,890 --> 02:04:36,630 It's more than 20,000. Where is that money? 1391 02:04:37,650 --> 02:04:47,290 Is she going to claim it? Should she have gone in and made a business LLC and gone through 1392 02:04:47,290 --> 02:04:49,270 the proper channels, 1393 02:04:51,780 --> 02:04:57,660 we've owned three businesses at 122, and we know we cannot have individuals 1394 02:04:57,660 --> 02:04:59,960 come to our home and do intractor. 1395 02:05:00,000 --> 02:05:01,120 Sign as that in business. 1396 02:05:03,480 --> 02:05:07,320 We've seen so much traffic come through. 1397 02:05:09,450 --> 02:05:11,030 The quietness of our neighborhood 1398 02:05:11,030 --> 02:05:21,030 has been skewed. And we've seen just an increase of individuals coming and going. 1399 02:05:26,980 --> 02:05:27,580 As a general 1400 02:05:28,800 --> 02:05:34,580 I'm looking at as a macroe-looking at Dork County as a whole. 1401 02:05:36,540 --> 02:05:42,940 Airbnb should be designated not in neighborhoods that are established. 1402 02:05:43,740 --> 02:05:49,840 Don't welcome a business to come into a neighborhood and destroy the entity that we have come in. 1403 02:05:49,880 --> 02:05:53,740 We've lived there 14 years and we like the quietness. 1404 02:05:53,740 --> 02:06:00,800 We like knowing the individuals who walk the straits, just like they were talking about, that 1405 02:06:00,800 --> 02:06:06,720 we know our neighbors, we don't know who's across the street, we've witnessed so many 1406 02:06:06,720 --> 02:06:08,160 individuals coming and going. 1407 02:06:12,640 --> 02:06:16,440 They've operated this business to Airbnb legally for seven months. 1408 02:06:17,240 --> 02:06:18,220 Thank you, sir. 1409 02:06:18,840 --> 02:06:18,960 Okay. 1410 02:06:19,640 --> 02:06:21,880 Next week is Elliott Sauer's, 1411 02:06:24,880 --> 02:06:27,840 the stage of the name of the dress, we have to read this. 1412 02:06:35,540 --> 02:06:48,600 I think we've lost that security when we have brought in Airbnb or tourist and whatever you want to call it. 1413 02:06:49,020 --> 02:06:58,500 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. 1414 02:07:00,160 --> 02:07:09,220 I understand that you know maybe people are screened but just like she said one person 1415 02:07:09,220 --> 02:07:15,000 just made one long steak and that one long steak if somebody stole my tires could have 1416 02:07:15,000 --> 02:07:23,880 been $300 out of my pocket and you know Queens Lake is a community I'm looking around 1417 02:07:23,880 --> 02:07:29,440 And I see adults who I really look up to, Mr. Alberts here. 1418 02:07:29,440 --> 02:07:35,100 I'll play with his son, football, basketball, baseball, whatever it is. 1419 02:07:35,240 --> 02:07:39,820 We have friends and we really just enjoyed this community. 1420 02:07:39,960 --> 02:07:45,820 And I think by bringing in an Airbnb and having all these people here coming through the neighborhood, 1421 02:07:45,940 --> 02:07:51,480 we lose just this sense of community and we really cannot trust each other anymore. 1422 02:07:51,480 --> 02:07:59,600 And I'm going to try to get y'all out of here before night to fall, so I'll leave that at that. 1423 02:07:59,940 --> 02:08:01,480 Thank you. Thank you. Well spoken. 1424 02:08:02,900 --> 02:08:04,180 All right, next speaker. 1425 02:08:06,500 --> 02:08:07,640 Rich, let's see, Richard. 1426 02:08:09,760 --> 02:08:10,280 Toat. 1427 02:08:10,880 --> 02:08:11,500 Did I get it right? 1428 02:08:12,240 --> 02:08:12,760 Close. 1429 02:08:13,740 --> 02:08:17,900 My name is Richard Toat. I live at 241 East Queen's Drive. 1430 02:08:17,900 --> 02:08:24,080 We moved Queens Lake four years ago, bought one of the last lots and built a nice home. 1431 02:08:24,720 --> 02:08:29,440 It's our retirement home, spent so much money on it, I can't recoup the cost if I move 1432 02:08:29,440 --> 02:08:29,880 out. 1433 02:08:30,580 --> 02:08:38,820 If I had known this neighborhood had the remotest possibility of having Airbnb and short-term 1434 02:08:38,820 --> 02:08:41,820 rentals, I would have never moved into York County. 1435 02:08:44,980 --> 02:08:47,980 I commiserate with her illness, and I hope she recovers. 1436 02:08:47,980 --> 02:08:52,000 I hope she can move in the Queens Lake and enjoy the community and have good friends. 1437 02:08:52,740 --> 02:08:55,000 But this is not a good idea. 1438 02:08:55,960 --> 02:08:59,920 It's somebody used the word mini hotel, that's what it is. 1439 02:09:00,060 --> 02:09:03,720 It's a business and this is not the residential community. 1440 02:09:05,280 --> 02:09:12,340 If you grant one, others will follow and the community will be on a slippery slope, let alone 1441 02:09:12,340 --> 02:09:15,740 the county and all the other neighborhoods because you'll set precedents. 1442 02:09:15,740 --> 02:09:21,120 you stopped it in 2015 and encouraged you to stop it now and stop it forever. 1443 02:09:22,820 --> 02:09:27,320 It's a quiet community. There's not even any street lights in this community. 1444 02:09:28,880 --> 02:09:34,200 It's one thing to have a long-term rental. There's even provisions in the bylaws for long-term rentals. 1445 02:09:34,320 --> 02:09:38,720 Folks like that fit in because their family types and things like that and we get to know them. 1446 02:09:39,520 --> 02:09:42,780 These numbers won't be exact because I don't know the exact numbers. 1447 02:09:42,780 --> 02:09:49,000 there are about 550 properties, about 450 of them pay dues to the community association. 1448 02:09:49,540 --> 02:09:57,500 And of that 450, well over 330 to 350, are dated and have to pay dues and perpetuity, 1449 02:09:57,540 --> 02:09:58,920 no matter who owns the property. 1450 02:09:59,640 --> 02:09:59,960 So this is... 1451 02:10:00,000 --> 02:10:10,320 Association, while it's loosely run and has words and imperfections, is not something that can go away without changing the deeds. 1452 02:10:11,240 --> 02:10:14,320 So, it's not a fly by night club, okay. 1453 02:10:16,500 --> 02:10:25,620 The lake, in the bylaws, only deeded only do's paying shareholder property owners can use that lake. 1454 02:10:25,620 --> 02:10:30,880 I like that because I pay my dues and I get to go fishing on a great private lake. 1455 02:10:32,600 --> 02:10:40,040 If people use the lake as guests, the member has to be with the guests, that's in the 1456 02:10:40,040 --> 02:10:40,580 by-laws. 1457 02:10:41,920 --> 02:10:46,720 To have people come in and pick up the kayaks and use the lake as against the by-laws and 1458 02:10:46,720 --> 02:10:51,380 the shareholders, the ones that own the community property, which is that lake, they 1459 02:10:51,380 --> 02:10:54,440 should not be on it, people should not fish on it, 1460 02:10:55,020 --> 02:10:57,900 and without being guests of shareholders, 1461 02:10:58,300 --> 02:10:58,880 with the shareholders. 1462 02:11:02,450 --> 02:11:04,630 I urge you to vote no on this. 1463 02:11:05,270 --> 02:11:08,770 It's just not right, and people like me 1464 02:11:08,770 --> 02:11:10,590 might not come to live here. 1465 02:11:10,710 --> 02:11:11,690 Thank you very much. 1466 02:11:12,150 --> 02:11:12,670 Thank you so much. 1467 02:11:14,110 --> 02:11:17,490 Our next speaker is Jeff Otterstein. 1468 02:11:23,650 --> 02:11:26,210 Jeff Otterstein, 142 horseshoe drive, 1469 02:11:26,210 --> 02:11:33,790 The six homes away from the proposed special use permit, Chairman and members of the Commission, 1470 02:11:34,390 --> 02:11:38,870 are your due to vote and deny the applicant for the special use. 1471 02:11:39,610 --> 02:11:44,870 By the owner's own admission, they wrote quiet setting, family feel and apparent safety of the 1472 02:11:44,870 --> 02:11:51,030 community. Those things and attributes really reflect what it is, the residential community, the existing 1473 02:11:51,030 --> 02:11:53,630 are our designation for zoning. 1474 02:11:54,390 --> 02:11:57,530 But of course, this commission and the Board of Supervisors 1475 02:11:57,530 --> 02:12:01,790 has to deal with what the Commonwealth approved SB 1578, 1476 02:12:02,330 --> 02:12:06,390 that which says that the jurisdiction or the decision making 1477 02:12:06,390 --> 02:12:10,130 of allowing short-term rentals is put down to the local level. 1478 02:12:10,850 --> 02:12:13,270 So in therefore case by case basis, it appears 1479 02:12:13,270 --> 02:12:17,330 that this is the form that needs to be utilized. 1480 02:12:17,330 --> 02:12:26,230 We, as residential owners, that is SB 1578's was enacted in the launch of life first. 1481 02:12:26,610 --> 02:12:27,550 That's on the books. 1482 02:12:28,150 --> 02:12:28,850 That's done with. 1483 02:12:28,950 --> 02:12:32,530 So therefore, case by case scenarios will have to be addressed. 1484 02:12:33,190 --> 02:12:38,010 And we as homeowners will be brought up to these commissions repeatedly into this. 1485 02:12:38,750 --> 02:12:39,630 Talk about some statistics. 1486 02:12:39,910 --> 02:12:41,510 There's 24 children on horseshoe drive. 1487 02:12:41,670 --> 02:12:44,670 I am a parent of a very young child. 1488 02:12:44,670 --> 02:12:50,390 If you go another 100 yards, a link to the football field that number doubles, if you take 1489 02:12:50,390 --> 02:12:55,690 that five times the number again, or 24 children, just on horseshoe drive, point 1490 02:12:55,690 --> 02:12:59,490 lower and hunter, the number increases by fold. 1491 02:13:00,370 --> 02:13:01,730 So there's a lot of children in the neighborhood. 1492 02:13:02,590 --> 02:13:06,350 I, as a homeowner and resident, I want to know who's coming and going in my neighborhood 1493 02:13:06,350 --> 02:13:07,670 for lots of reasons. 1494 02:13:09,210 --> 02:13:16,790 This particular special use permit doesn't allow me any comfort or satisfaction of knowing 1495 02:13:16,790 --> 02:13:17,950 who's coming and going. 1496 02:13:20,500 --> 02:13:25,700 And I'm also confused why there is a cease and desist by the commission, excuse me, 1497 02:13:26,620 --> 02:13:31,020 by the county, but yet we heard today that there are still rentals and rentals that are 1498 02:13:31,020 --> 02:13:35,440 going to be occurring up into the point of maybe potential move-in time. 1499 02:13:35,440 --> 02:13:46,540 I'm really concerned with the the real intent there and also you found your county found out first 1500 02:13:46,540 --> 02:13:54,920 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 1501 02:13:54,920 --> 02:13:58,280 out where we as a homeowner 1502 02:13:59,360 --> 02:14:01,440 we recommend you vote no thank you 1503 02:14:01,440 --> 02:14:02,840 Thank you. 1504 02:14:02,980 --> 02:14:04,080 All right. 1505 02:14:04,880 --> 02:14:07,460 That's the last person I have signed up to speak to this application. 1506 02:14:07,660 --> 02:14:10,120 If there is anyone else who is wishing to speak to this issue, 1507 02:14:10,680 --> 02:14:12,660 please state your name and address and come forward. 1508 02:14:12,760 --> 02:14:13,580 You have three minutes. 1509 02:14:16,220 --> 02:14:17,880 Thank you for allowing me to speak to the board. 1510 02:14:18,280 --> 02:14:19,460 My name is Steve Alberts. 1511 02:14:19,680 --> 02:14:22,460 I live at one, two, three horseshoe with the adjacent address. 1512 02:14:24,340 --> 02:14:27,380 I have been aware of this been going on since the inception. 1513 02:14:28,740 --> 02:14:31,840 I've seen nothing but nice families walking through 1514 02:14:31,840 --> 02:14:36,620 with their dog sometimes. Most of the times with multi-generational. They've been 1515 02:14:36,620 --> 02:14:41,280 concentrating to me. I've never heard anything next door to me that's concerned me. The 1516 02:14:41,280 --> 02:14:46,400 night in question with a party, I saw some cars parked on the side of the street, which also 1517 02:14:46,400 --> 02:14:54,300 happens at any other party that happens in Queens Lake. Drinking happens in Queens Lake. 1518 02:14:54,300 --> 02:14:58,720 Yeah, I have my neighbors to agree with you. 1519 02:15:01,780 --> 02:15:29,980 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. 1520 02:15:30,600 --> 02:15:36,160 I just came back from my vacation in Sag Harbor, New York, where we were at an Airbnb. 1521 02:15:36,860 --> 02:15:42,060 We stayed at a residence in a very similar area to Queen's Lake on Long Island. 1522 02:15:42,780 --> 02:15:44,440 It was one of the nicest experiences. 1523 02:15:44,860 --> 02:15:46,760 The neighbors, we met them as well. 1524 02:15:47,260 --> 02:15:50,400 Everybody, it made our trip with our two teenage children. 1525 02:15:51,080 --> 02:15:58,700 Much more, except a nicer event, because we didn't have to share a hotel room with four 1526 02:15:58,700 --> 02:16:05,400 people. I understand that the process has been difficult. I know that, applying for the 1527 02:16:05,400 --> 02:16:17,660 application, I have met all the people that Katie Kathy, the assorted people when they were 1528 02:16:17,660 --> 02:16:25,540 moving in. I saw them do all the renovations to the house. I knew that they were playing 1529 02:16:25,540 --> 02:16:31,520 We live there, medical conditions prevented that, I understand that as well. 1530 02:16:32,560 --> 02:16:36,920 I will be the first one to step up and say, this is a problem, if I saw a problem. 1531 02:16:38,620 --> 02:16:45,740 What I can tell you for the so-called boogieman effect here of the crimes, we're also having 1532 02:16:45,740 --> 02:16:48,260 a lot of contract work with the sewer system. 1533 02:16:48,660 --> 02:16:51,860 There are a lot of contractors coming and going, there are a lot of people I don't know, 1534 02:16:51,860 --> 02:17:01,980 their public streets until I can be also to address the real estate markets in the last nine 1535 02:17:01,980 --> 02:17:09,960 months I've seen a spike in prices and queens like rising and shorter time on market so if 1536 02:17:09,960 --> 02:17:15,380 you want to say that this is destroying the community and the values of the home that's incorrect. 1537 02:17:17,020 --> 02:17:22,540 I vote yes on it until there is a problem I'll be the first one to step up if I see a problem 1538 02:17:22,540 --> 02:17:24,520 But I have not seen that. 1539 02:17:24,800 --> 02:17:26,260 Thank you. 1540 02:17:26,560 --> 02:17:27,640 Anyone else wish to speak? 1541 02:17:28,100 --> 02:17:29,420 Please state your name and address. 1542 02:17:30,260 --> 02:17:31,180 I have three minutes. 1543 02:17:37,890 --> 02:17:39,410 So I'm Lauren and Artowitch. 1544 02:17:39,550 --> 02:17:41,110 I'm at 2111 West Queens. 1545 02:17:41,450 --> 02:17:41,750 I do. 1546 02:17:41,890 --> 02:17:44,370 I'm a member of the Board of Trustees. 1547 02:17:45,030 --> 02:17:50,030 But just to clarify, we are not coming as members or speaking for the Board of Trustees, 1548 02:17:50,070 --> 02:17:53,370 as we have taken no action on this issue. 1549 02:17:54,010 --> 02:17:55,230 So we're speaking as private homeowners. 1550 02:17:55,530 --> 02:17:57,670 I just wanted to clarify that. 1551 02:17:57,670 --> 02:18:02,690 As a member of the trustees, however, we have an overall concern about the use of our 1552 02:18:02,690 --> 02:18:11,610 amenities, which include a playground, tennis courts, ball fields, Marina, the lake, all the common areas, 1553 02:18:11,970 --> 02:18:16,070 are paid for with the deities, the deities and the deities of membership. 1554 02:18:17,570 --> 02:18:22,230 And you are not allowed to use those amenities without a member present. 1555 02:18:22,570 --> 02:18:26,070 You can't go on to the lake and you can't use those kayaks. 1556 02:18:26,070 --> 02:18:38,870 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. 1557 02:18:39,070 --> 02:18:41,130 So that we have to contend with as well. 1558 02:18:41,990 --> 02:18:53,430 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. 1559 02:18:53,430 --> 02:19:01,610 we had to be double. There was no excuse. A mistake not knowing is not an excuse. And for 1560 02:19:01,610 --> 02:19:05,990 this to continue, it's unfair for the rest of the residents have gone through the legal 1561 02:19:05,990 --> 02:19:13,070 process. I don't know. I don't live on horseshoe, but I do know that it's a very tight street. 1562 02:19:13,810 --> 02:19:17,710 The residents, I've seen them out to dinner together at restaurants. They take up full 1563 02:19:17,710 --> 02:19:22,390 They get together and this is caused a lot of stress and a lot of disruption. 1564 02:19:24,190 --> 02:19:30,790 It's akin to a business opening, a shop up in a neighborhood and no one is manning the store. 1565 02:19:31,290 --> 02:19:36,570 There's a provision if you do accept it that she has to be present, but who will monitor that? 1566 02:19:36,570 --> 02:19:41,710 Who will monitor that? Somebody's in that house? Who will monitor who's coming and going? 1567 02:19:42,770 --> 02:19:46,410 As I said, the transient renters don't have the same concern. 1568 02:19:46,410 --> 02:19:51,490 They don't have, and we have lived there, 19 years, and I'm one of the new ones, believe it or not. 1569 02:19:51,870 --> 02:19:56,530 We have residents who've been there 45 and 50 years, putting down roots. 1570 02:19:57,010 --> 02:19:59,850 And we want that old-fashioned feel where our kids can ride. 1571 02:20:00,920 --> 02:20:15,820 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. 1572 02:20:16,240 --> 02:20:19,540 I don't think that we should honor anybody who is operating illegally. 1573 02:20:22,460 --> 02:20:28,680 We've been there when people have knocked on doors. Mr. Hogue is out in force. We love him, but we see him coming. 1574 02:20:28,680 --> 02:20:34,740 And there is, I don't think not knowing as an excuse, because if they had ever called 1575 02:20:34,740 --> 02:20:36,020 the clubhouse, they would have known. 1576 02:20:36,120 --> 02:20:40,240 And I was there when Renter is called to see what they could use in our neighborhoods. 1577 02:20:40,320 --> 02:20:41,380 So they're not being told. 1578 02:20:41,880 --> 02:20:44,240 I don't think the veracity is everything it should be. 1579 02:20:44,300 --> 02:20:46,240 I ask you to please deny this application. 1580 02:20:46,820 --> 02:20:46,860 Thank you. 1581 02:20:46,860 --> 02:20:47,200 Thank you. 1582 02:20:47,440 --> 02:20:48,060 Very much. 1583 02:20:49,560 --> 02:20:49,780 All right. 1584 02:20:49,840 --> 02:20:53,520 Is there anyone else wishing to speak of this application before we close this portion 1585 02:20:53,520 --> 02:20:54,460 of the public here? 1586 02:20:56,190 --> 02:20:59,190 This thing, we need back before the permission for economists. 1587 02:21:00,970 --> 02:21:02,730 Let's go ahead and let's go. 1588 02:21:02,730 --> 02:21:03,890 Just a few of this stuff. 1589 02:21:03,970 --> 02:21:05,870 You know, it's not really a best sign. 1590 02:21:06,370 --> 02:21:07,010 I'm going to start now. 1591 02:21:07,670 --> 02:21:08,090 Okay. 1592 02:21:09,470 --> 02:21:16,590 I think a community spirit and their, their, 1593 02:21:16,590 --> 02:21:22,170 what they wish is the main thing that I look upon on this application. 1594 02:21:22,170 --> 02:21:28,990 And it is a quiet neighborhood, certainly I know Queens Lake. 1595 02:21:30,630 --> 02:21:41,710 I just don't see a short-term rental tourstone to be consistent with the community of Queens 1596 02:21:41,710 --> 02:21:42,150 Lake. 1597 02:21:47,020 --> 02:21:55,080 Yeah, I've wrestled with this petition, this issue P for several weeks now, and the rights 1598 02:21:55,080 --> 02:21:59,480 of an individual versus rights of a community in which should prevail. 1599 02:22:00,360 --> 02:22:04,840 And I started looking at it and I started looking at the criteria and that it's in the 1600 02:22:04,840 --> 02:22:10,760 county thing and there could be arguments plus or minus against the seven or so criteria 1601 02:22:10,760 --> 02:22:12,100 that's in there. 1602 02:22:12,720 --> 02:22:22,660 But in my, as I look at them, I believe that you could have an Airbnb that meets these criteria 1603 02:22:22,660 --> 02:22:27,300 and also complies with the community. 1604 02:22:28,160 --> 02:22:32,740 There are some things I think the owner ought to do, 1605 02:22:33,360 --> 02:22:35,840 and one is some of the things that you live on the premises, 1606 02:22:37,420 --> 02:22:41,900 work or abide by the Queen's Lake Association rules 1607 02:22:41,900 --> 02:22:45,240 about using the lake and the amenities and all those kinds of things. 1608 02:22:45,240 --> 02:22:48,400 So I think that needs to be worked out somehow 1609 02:22:49,640 --> 02:22:55,180 And in work with the community on that, so I'm rather in favor of having this A-B-B. 1610 02:22:57,500 --> 02:22:57,740 It's true. 1611 02:23:01,670 --> 02:23:10,430 I very much understand the many of the residents of the community who are concerned about this. 1612 02:23:11,150 --> 02:23:12,550 Single family, neighborhood, 1613 02:23:15,390 --> 02:23:18,050 the residents have a lot of restrictions on them. 1614 02:23:18,450 --> 02:23:23,690 In County Code, and you can't just run out of a large apartment or something without it. 1615 02:23:23,690 --> 02:23:26,250 coming for this board for special use permit. 1616 02:23:26,990 --> 02:23:28,570 And it is a special use permit. 1617 02:23:30,270 --> 02:23:34,010 And the county has recognized that there may be areas 1618 02:23:34,010 --> 02:23:36,010 in the county, which this would be appropriate. 1619 02:23:38,340 --> 02:23:42,600 We have done some tourist, very important tourist areas 1620 02:23:42,600 --> 02:23:43,380 in the county. 1621 02:23:44,360 --> 02:23:47,620 But I don't think a residential neighborhood 1622 02:23:47,620 --> 02:23:52,040 with the Jean-Crit-Wine streets, but multigenerational, 1623 02:23:52,040 --> 02:23:58,080 So lots of kids is the appropriate kind of place for it, so I could not support the 1624 02:23:58,080 --> 02:23:58,760 exact location. 1625 02:24:01,480 --> 02:24:05,720 I'm empathetic with miss seven situation and being in a hospital and everything. 1626 02:24:06,400 --> 02:24:07,000 I really am. 1627 02:24:08,120 --> 02:24:13,880 However, I just can't get over the fact that she doesn't live in the house and she hasn't been 1628 02:24:13,880 --> 02:24:16,260 a resident of the neighborhood to get to know everyone. 1629 02:24:17,100 --> 02:24:18,540 I think that's a major requirement. 1630 02:24:18,540 --> 02:24:24,620 I understand it's a financial investment for her, however, I don't believe that the neighborhood 1631 02:24:24,620 --> 02:24:31,580 has responsibility to subsidize the impact to make this is evidence financial situation all over. 1632 02:24:31,860 --> 02:24:32,560 I also don't. 1633 02:24:33,340 --> 02:24:36,820 There's no guarantee that after September 5th, it's going to cease. 1634 02:24:37,200 --> 02:24:39,540 It's the words who rise or approves this. 1635 02:24:39,960 --> 02:24:41,880 Then this can continue indefinitely. 1636 02:24:42,540 --> 02:24:47,960 I understand if the staff is mentioned on a yearly renewal basis or something of that nature. 1637 02:24:47,960 --> 02:24:55,320 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. 1638 02:24:57,660 --> 02:24:58,940 My point of view is more fundamental. 1639 02:25:01,840 --> 02:25:15,620 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. 1640 02:25:17,500 --> 02:25:29,260 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. 1641 02:25:29,260 --> 02:25:33,120 I think that's the bottom line because we use blue comments in here. 1642 02:25:33,760 --> 02:25:35,600 That's my position on this. 1643 02:25:35,940 --> 02:25:37,020 And I think it's the right one. 1644 02:25:37,320 --> 02:25:39,460 I've heard everything. 1645 02:25:40,180 --> 02:25:43,080 But I keep going back to the guidelines that we have. 1646 02:25:43,140 --> 02:25:45,040 And even we're going to stand by them. 1647 02:25:45,320 --> 02:25:45,860 Oh, we're not. 1648 02:25:46,480 --> 02:25:48,800 So you can't, you know, when this was a violation, 1649 02:25:49,120 --> 02:25:56,380 I think the countdown for a season should have started then. 1650 02:25:56,380 --> 02:26:02,560 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. 1651 02:26:04,960 --> 02:26:10,180 So, we have any further discussion, are we ready to entertain motion? 1652 02:26:18,900 --> 02:26:27,300 Mr. Chairman, I move to bring to vote PC 1722 for approval. 1653 02:26:31,110 --> 02:26:43,490 Resolution number PC 17-22 to authorize a tourist home in an existing single-family detached home at 125 horseshoe drive 1654 02:26:43,490 --> 02:26:45,170 Mr. Titus 1655 02:26:45,170 --> 02:26:45,990 Yes 1656 02:26:45,990 --> 02:26:47,210 Mr. Phillips 1657 02:26:47,210 --> 02:26:48,270 No 1658 02:26:48,270 --> 02:26:49,830 Mr. King 1659 02:26:49,830 --> 02:26:50,750 No 1660 02:26:50,750 --> 02:26:52,550 Mr. Peterman 1661 02:26:52,790 --> 02:26:53,330 No 1662 02:26:53,330 --> 02:26:55,010 Mr. Johns 1663 02:26:55,010 --> 02:26:55,710 No 1664 02:26:55,710 --> 02:26:57,070 The motion fails 1665 02:26:57,070 --> 02:26:58,570 This one to four. 1666 02:26:59,150 --> 02:27:02,190 All right, this will go before the board September 19th. 1667 02:27:02,250 --> 02:27:02,610 I believe. 1668 02:27:02,890 --> 02:27:04,110 September 19th. 1669 02:27:04,130 --> 02:27:05,010 This one is to go to the board. 1670 02:27:05,150 --> 02:27:06,170 They make the final decision. 1671 02:27:07,470 --> 02:27:09,810 This ends at part of the portion of the board here. 1672 02:27:11,310 --> 02:27:13,770 And we will go to the next item on the agenda. 1673 02:27:13,950 --> 02:27:15,970 We'll wait for the room to clear a little bit. 1674 02:27:18,440 --> 02:27:18,940 I got time. 1675 02:27:19,480 --> 02:27:20,020 Thank you. 1676 02:27:20,240 --> 02:27:20,600 Yes. 1677 02:27:24,250 --> 02:27:25,490 We'll take a five minute break. 1678 02:27:41,300 --> 02:27:42,400 Take a look five minutes. 1679 02:27:43,400 --> 02:27:45,020 If I'm in a breather. 1680 02:33:45,810 --> 02:33:52,070 Please entase him by Mr. Carter. Thank you, Mr. Chairman. Actually, you have two applications that we briefed in the same 1681 02:33:52,070 --> 02:33:57,070 memorandum, and we've recommended that you have a separate public hearing and a separate action on each one. 1682 02:33:57,070 --> 02:34:02,150 You have two resolutions before tonight. This is sort of an annual affair when we come to the Commission 1683 02:34:02,150 --> 02:34:08,730 in the board with proposed amendments to catch up with state code changes, as well as to address things that 1684 02:34:08,730 --> 02:34:13,970 have come up during the year in the administration of the ordinance, things that we've noticed in the 1685 02:34:13,970 --> 02:34:17,870 that needs to be clarified or missing phrases or whatnot. 1686 02:34:18,170 --> 02:34:23,050 So what you have is sort of a mismatch of various types of things in this package. 1687 02:34:24,290 --> 02:34:27,130 It's been suggested that in the interest of time, 1688 02:34:27,250 --> 02:34:29,070 I might just stop here and say, are there questions? 1689 02:34:29,410 --> 02:34:33,210 But I think you're probably a few things that I like to specifically mention. 1690 02:34:33,370 --> 02:34:34,690 And then I'll say, are there questions? 1691 02:34:36,210 --> 02:34:39,530 One of the things to catch up with state code changes, 1692 02:34:39,670 --> 02:34:43,950 deals with changes that were first added to the state code back 1693 02:34:43,950 --> 02:34:49,230 In 2009, as we were coming out of the recession, when the General Assembly decided to give 1694 02:34:49,230 --> 02:34:54,530 a longer period of validity for various types of plans or plan approvals or use permits 1695 02:34:54,530 --> 02:34:55,290 or whatnot. 1696 02:34:55,290 --> 02:34:59,970 started out as those things that were valid as of January 1st 2000. 1697 02:35:00,000 --> 02:35:08,160 In the nine, we're automatically deemed to be valid, at least until 2011, that it changed to 2014, and 2017. 1698 02:35:08,800 --> 02:35:15,860 And now the latest code change says anything that was valid as of January 1st, 2017, remains valid until 2020. 1699 02:35:16,660 --> 02:35:21,120 And so that's reflected in some changes in both the subdivision ordinance and the zoning ordinance. 1700 02:35:22,160 --> 02:35:25,020 And you have those sections listed in your two packages. 1701 02:35:26,420 --> 02:35:35,220 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. 1702 02:35:36,040 --> 02:35:44,000 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. 1703 02:35:44,000 --> 02:35:52,460 And this is to pick up language that specifically says that a park model RV is not considered to be a manufactured home. 1704 02:35:52,840 --> 02:35:56,400 In another word for park model RV is tiny house. 1705 02:35:56,900 --> 02:36:00,540 And for those of you who may have followed events in the county over the past couple years, 1706 02:36:00,700 --> 02:36:06,520 we have had some experience with tiny houses and we have taken the position and now the general assembly 1707 02:36:06,520 --> 02:36:12,900 has taken it in this legislation that a park model RV is not in fact a manufactured home, 1708 02:36:12,900 --> 02:36:15,040 which is the position the county has taken. 1709 02:36:15,600 --> 02:36:17,340 So we want to reflect that in the definition. 1710 02:36:19,780 --> 02:36:25,260 We also are proposing some additions in the proper 1711 02:36:25,260 --> 02:36:27,060 and the conditional zoning section. 1712 02:36:27,140 --> 02:36:29,320 Again, to pick up some language in the state code, 1713 02:36:29,340 --> 02:36:32,400 you've heard about the changes that strengthen 1714 02:36:32,400 --> 02:36:34,020 or make more strict. 1715 02:36:34,240 --> 02:36:36,300 The guidelines for accepting profits, 1716 02:36:36,980 --> 02:36:39,700 the reasonableness test. 1717 02:36:39,700 --> 02:36:46,300 And so we're simply referencing the specific section of the state code that deals with those 1718 02:36:46,300 --> 02:36:51,220 provisions, and also at the recommendation of the county attorney adding some language 1719 02:36:51,220 --> 02:36:56,400 that would require and put the responsibility on the applicant of demonstrating and documenting 1720 02:36:56,400 --> 02:37:02,300 the nexus or the relationship between their proper and the specific impacts that their 1721 02:37:02,300 --> 02:37:06,980 project is projected to have on the county's infrastructure or public facilities. 1722 02:37:06,980 --> 02:37:12,380 and so that language is designed to give the applicants and guidelines as to what specific 1723 02:37:12,380 --> 02:37:15,880 things they need to address in their submission along with their professors. 1724 02:37:16,460 --> 02:37:22,760 And that's on page 2 and 3 of the zoning ordinance resolution, which is PC-17-24. 1725 02:37:25,440 --> 02:37:34,320 On page 4 also in section 200, we're recommending some language, just to clarify that in 1726 02:37:34,320 --> 02:37:39,440 case of an agricultural use that is the principle use of a property, it's okay to have an 1727 02:37:39,440 --> 02:37:43,840 accessory residential use and this is something that came up in a court case that we 1728 02:37:43,840 --> 02:37:49,060 argued that our ordinance already allows that. But again, to clarify that fact we're proposing 1729 02:37:49,060 --> 02:37:59,740 some language that specifically says that. On page 7, we are recommending at the recommendation 1730 02:37:59,740 --> 02:38:08,160 of economic development authority that auto body paint shops be allowed as a special use permit 1731 02:38:08,160 --> 02:38:12,940 activity in the economic opportunity district. And there it's a matter of looking at an 1732 02:38:12,940 --> 02:38:18,080 inconsistency in the ordinance, repair garages are allowed by use permit in the EO district, 1733 02:38:18,400 --> 02:38:24,660 but not an auto body shop. So we thought it makes sense to at least provide the opportunity for 1734 02:38:24,660 --> 02:38:28,320 somebody to apply for that use permit and ask for that to be considered. 1735 02:38:29,740 --> 02:38:45,480 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 1736 02:38:45,480 --> 02:38:49,980 paramact trail bypass road in Richmond Road, along with Route 17. 1737 02:38:50,740 --> 02:38:57,220 This is basically a district provision that provides some flexibility for lots that are very small, 1738 02:38:57,560 --> 02:39:05,380 whether by area or by width, or that have buildings that do not need to current setback requirements 1739 02:39:05,380 --> 02:39:09,680 in some way or another are challenged because of that. 1740 02:39:09,680 --> 02:39:16,420 And finally, it also applies to lots or properties that have been declared blighted by the economic development of the story. 1741 02:39:17,120 --> 02:39:22,460 So it's a way to give some flexibility to encourage redevelopment of challenge properties in our commercial quarters. 1742 02:39:22,960 --> 02:39:28,540 And not only Route 17 has some of those properties, but also by past Merrimack and Richmond Raid. 1743 02:39:28,860 --> 02:39:30,120 That's the question on that, sir. 1744 02:39:30,500 --> 02:39:37,680 The old Philip Morris building on Route 143 with that help promote that problem. 1745 02:39:37,680 --> 02:39:44,300 So that property is way bigger than these minimum guidelines in terms of area and width. 1746 02:39:45,960 --> 02:39:53,820 This would apply to, for example, lots that are smaller than 20,000 square feet or narrower than 80 feet, 1747 02:39:54,080 --> 02:39:57,360 which presents some challenges in terms of needing some of the other ordinary requirements. 1748 02:40:00,000 --> 02:40:02,580 And with that, I will say, are there questions? 1749 02:40:06,180 --> 02:40:16,660 I'm on that issue of banning Route 60 and 143. Has it been any comment about this by business owners at all? 1750 02:40:16,700 --> 02:40:17,580 Yes, sir. 1751 02:40:23,720 --> 02:40:35,200 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. 1752 02:40:36,240 --> 02:40:47,760 Okay. Thank you. We have anyone else wishing to speak. I think we have to go through 1753 02:40:47,760 --> 02:40:58,760 these separately. Okay. So let's first look at application ST-23-17. 1754 02:41:02,980 --> 02:41:03,560 And let's 1755 02:41:03,560 --> 02:41:08,920 to the close that part of the Commission for discussion. 1756 02:41:12,760 --> 02:41:15,960 I have done a discussion with Chairman, but if the Commission's pleasure 1757 02:41:15,960 --> 02:41:18,800 would recommend, thank you recommendation. 1758 02:41:20,980 --> 02:41:25,160 I'd like to move the subdivision ordinance changes. 1759 02:41:25,440 --> 02:41:27,860 Resolution PC-17-23. 1760 02:41:28,780 --> 02:41:29,420 Recommend approval. 1761 02:41:30,160 --> 02:41:35,660 The motion by Mr. King is to adopt resolution number of PC-17-23. 1762 02:41:35,660 --> 02:41:45,680 to amend the York County subdivision ordinance to revise various provisions and to include certain changes to reflect revisions in the Code of Virginia. 1763 02:41:46,180 --> 02:41:47,100 Mr. Peterman. 1764 02:41:48,460 --> 02:41:49,240 Mr. King. 1765 02:41:49,620 --> 02:41:49,780 Yes. 1766 02:41:50,600 --> 02:41:51,320 Mr. Phillips. 1767 02:41:52,580 --> 02:41:53,480 Mr. Titus. 1768 02:41:53,640 --> 02:41:54,060 Yes. 1769 02:41:54,660 --> 02:41:55,360 Mr. Johns. 1770 02:41:55,500 --> 02:41:55,880 Yes. 1771 02:41:56,220 --> 02:41:58,220 The motion passes five to zero. 1772 02:41:58,220 --> 02:41:58,820 We 1773 02:42:02,120 --> 02:42:10,520 will open a discussion for application on the ZT-175-175 public here. 1774 02:42:12,980 --> 02:42:14,720 Oh, we've got a lot of people out there tonight. 1775 02:42:15,240 --> 02:42:17,560 Let's see. 1776 02:42:17,720 --> 02:42:17,900 Okay. 1777 02:42:18,060 --> 02:42:19,940 See that they're too shy to come forward. 1778 02:42:21,800 --> 02:42:22,440 Oh, further up. 1779 02:42:22,980 --> 02:42:24,280 We'll close that portion of the public here. 1780 02:42:24,460 --> 02:42:25,600 I'll bring it back to the commission. 1781 02:42:27,380 --> 02:42:27,840 Any comments? 1782 02:42:29,000 --> 02:42:29,700 Mr. Chairman. 1783 02:42:29,700 --> 02:42:44,080 there's no further discussion. I'll recommend to commission recommend approval of PC-17-24 changes to the zoning ordinance. 1784 02:42:44,560 --> 02:42:59,540 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. 1785 02:42:59,540 --> 02:43:02,640 to the Code of Virginia, Mr. King? 1786 02:43:04,040 --> 02:43:04,660 Mr. Phillips? 1787 02:43:05,140 --> 02:43:05,640 Yes. 1788 02:43:05,980 --> 02:43:06,900 Mr. Titus? 1789 02:43:06,960 --> 02:43:07,360 Yes. 1790 02:43:07,980 --> 02:43:08,880 Mr. Peterman? 1791 02:43:09,200 --> 02:43:09,480 Yes. 1792 02:43:10,120 --> 02:43:11,180 Mr. John's. 1793 02:43:11,220 --> 02:43:11,580 Yes. 1794 02:43:12,220 --> 02:43:14,280 The motion passes five to zero. 1795 02:43:15,100 --> 02:43:15,900 All right, thank you. 1796 02:43:16,980 --> 02:43:19,140 The next item only agenda is old business. 1797 02:43:22,050 --> 02:43:22,590 New business? 1798 02:43:25,360 --> 02:43:27,840 Staff reports and recent actions by the Board of Civilizers. 1799 02:43:28,540 --> 02:43:30,260 Thank you, Mr. Chairman. You have the gentleman. 1800 02:43:30,260 --> 02:43:35,300 Secretary Gordon, the front of you last month, the board approve of the two towing service 1801 02:43:35,300 --> 02:43:37,820 in town auto storage yards. 1802 02:43:39,500 --> 02:43:47,980 And the application to establish a bed and breakfast in Dandy was postponed at the request 1803 02:43:47,980 --> 02:43:51,380 of the applicant coming up next week. 1804 02:43:51,380 --> 02:43:59,080 The board will consider the proposed senior housing facility on Victory Boulevard, along 1805 02:43:59,080 --> 02:44:06,810 with the horse-stable application that we had on New York Town Road several months ago. 1806 02:44:07,490 --> 02:44:09,410 That will also come before the board next week. 1807 02:44:10,850 --> 02:44:20,130 And the proposed solar facilities ordinance that you all considered last month is also going to be on next week's agenda. 1808 02:44:21,170 --> 02:44:27,770 The Airbnb application on plantation drives that you all considered last month has been withdrawn by the applicant. 1809 02:44:27,770 --> 02:44:43,870 So those are the applications we do have an application next month for another Airbnb just off of 1810 02:44:43,870 --> 02:44:45,870 covered lane in the upper county. 1811 02:44:46,330 --> 02:44:49,110 E-dale, E-dale, one-thirty E-dale, 1812 02:44:49,530 --> 02:44:52,350 Avenue is the, is the address. 1813 02:44:56,740 --> 02:44:57,860 And that's all I have. 1814 02:45:00,820 --> 02:45:02,040 Commitment reports, 1815 02:45:05,910 --> 02:45:07,710 commission reports every quest. 1816 02:45:11,820 --> 02:45:14,880 I'll see you now, full calls for adjourned, the sense to be dead. 1817 02:45:15,380 --> 02:45:15,940 Public hearing.