[00:00:04]
IT IS, IT[I. CALL TO ORDER]
IS SEVEN O'CLOCK PLUS ABOUT A MINUTE.SO I'D LIKE TO CALL THIS MEETING OF THE PLANNING COMMISSION OF THE TOWN FRONT ROYAL TO ORDER.
UM, THE FIRST ITEM IS A ROLL CALL.
CHAIRMAN JONES HERE, VICE CHAIRMAN MARSH NER HERE, COMMISSIONER GORDON HERE.
COMMISSIONER MERCHANT COMMISSIONER INGRAM.
[III. APPROVAL OF MINUTES]
NEXT APPROVAL OF MINUTES.WE MAY LOOK AT THOSE INDIVIDUALLY.
SO, UH, NOVEMBER 17TH, DOES ANYBODY HAVE ANY COMMENTS, UH, POSSIBLY CORRECTIONS ON, ON THOSE MINUTES? I HAVE A COUPLE I JUST WORKED OVER WITH AND I'M SATISFIED THAT THEY ARE CLEAR MR. CHAIRMAN.
UM, I FOUND IT A FEW TYPOS, BUT I DON'T WANT TO TAKE THE WHOLE, THE TIME OF THE WHOLE COMMISSION.
CAN I JUST GIVE THE, THE TYPOS CORRECTIONS TO STAFF AND LET THEM, YOU KNOW, DOT THE I'S AND CROSS THE T'S AND PUT IT IN THE COMMENTS, RIGHT? IS THAT AGREEABLE TO THE REST OF THE MEMBERS.
ANY OTHER COMMENTS ABOUT THE, UM, NOVEMBER 17TH MEETING? OKAY.
UM, NOVEMBER, UM, LET'S DO WELL.
LET'S, UH, LET'S HAVE A MOTION TO APPROVE THOSE MINUTES, THEN I'LL MOVE TO APPROVE THE NOVEMBER 17TH MINUTES.
I DON'T THINK WE NEED DISCUSSION.
UM, LET ME SEE, I GUESS THE BETTER POLL US ROLL CALL COMMISSIONER INGRAM.
COMMISSIONER GORDON, COMMISSIONER MERCHANT.
UM, NEXT IS THE DECEMBER 15TH MEETING AND, UH, SAME THING.
ARE THERE ANY QUESTIONS OR COMMENTS THAT WE WOULD HAVE TO CONSIDER? OKAY.
IT MAY BE A COUPLE OF MINOR CHANGES THAT WOULD BE, UH, UM, COULD BE, UH, DEALT WITH, UH, INDIVIDUALLY.
SO AGAIN, ALL THOSE IN FAVOR OF APPROVING THE MINUTES FOR DECEMBER 15TH, MR. CHAIR, I'LL MAKE A MOTION TO APPROVE THE PLANNING COMMISSION MINUTES OF DECEMBER 15TH, 2021 A SECOND.
SECOND RIGHT NOW, BUT COMMISSIONER GORDON? YES.
THOSE MINUTES ARE APPROVED NOW THE MINUTES OF JANUARY 19TH, UH, 2022.
WE APPROVE THE MINUTES OF THE F OR THE PLANNING COMMISSION MINUTES FOR JANUARY 19TH, 2022.
UH, AS POTTER, COULD YOU COMMISSIONER GORDON? YES.
UM, THIS IS A TIME FOR CITIZEN COMMENTS.
UH, IF WE HAVE ANY COMMENTS, UH, NOT ON SUBJECTS THAT WE'LL BE CONSIDERING, UH, IN THE AGENDA.
SO IF THERE'S ANY, UH, INDIVIDUAL COMMENTS ON OTHER, OTHER TOPICS THAT WOULD BE BENEFICIAL TO US TO HEAR.
[V. PUBLIC HEARINGS]
NEXT ITEM IS A PUBLIC HEARING.SO I WOULD LIKE TO OPEN A PUBLIC HEARING FOR F R S P U DASH 3 0 1 6 DASH 2 0 2 1 A SPECIAL USE PERMIT APPLICATION
[00:05:01]
SUBMITTED BY POSE RIVER EDGE, LLC, REQUESTING PERMISSION TO OPERATE A COMMERCIAL RECREATION FACILITY ON TAX MAP.NUMBER TWO OH A ONE DASH THREE DASH FIVE A ONE.
AND ARE THERE, IS THERE ANYONE HERE THAT WOULD LIKE TO, UM, PRESENT ABOUT THAT? YES, GOOD EVENING.
UH, CHAIRMAN JONES AND MANY MEMBERS OF THE COMMISSION.
UM, I RESIDE AT 1 43 BROGANS LANE, BENTONVILLE, VIRGINIA.
WE ARE THE OWNERS OF POSER RIVER RIDGE LLC.
AND, UM, IF WE HAVE ANY, UH, HERE TO ANSWER ANY QUESTIONS, YOU MAY HAVE MR. CHAIR FOR, I ASK ANY QUESTIONS.
UH, CAN WE HAVE THE DIRECTOR PRESENT SOME INFORMATION REGARDING THIS AS A WHERE WE STAND WITH THINGS? YES.
SO BEFORE YOU IS THE SPECIAL USE PERMIT APPLICATION FOR THEIR CAMPGROUND? THEY ARE SEEKING APPROVAL FOR A 200 SITE CAMPGROUND FACILITY.
UM, CAUSE IT'S IN THE FLOOD PLAIN, THE FLOOD PLAIN ORDINANCE RESTRICTS, UH, CAMPING FOR UP TO 180 CONSECUTIVE DAYS, UH, TO OUR KNOWLEDGE, THE FACILITY WILL OPERATE YEAR ROUND AND IT WILL BE ACCESSED BY AN 18 FOOT WIDE, UM, ACCESS ROAD.
UM, THE FIRE MARSHALL MADE COMMENTS, HE REVIEWED THIS AND SAY TO THAT 18 FEET WOULD BE SUFFICIENT FOR FIRE APPARATUS ACCESS.
AND THEN, UM, THERE WILL BE 12 FOOT WIDE ROADS, UM, IN BETWEEN THE CAMP SITES TO ALSO PROVIDE ADDITIONAL EMERGENCY ACCESS, THE APPLICANTS ALSO GOING TO BE PROVIDING A DRY HYDRANT AND WILL, UM, HAVE FLOOD, UH, I GUESS THE RIVER, UH, FLOOD STAGE MONITORING, UM, HAPPENING AT ALL TIMES.
UM, CAN YOU GO TO THE NEXT SLIDE? OKAY.
SO WHAT WAS SUBMITTED TO YOU WAS THE FIRST PAGE SHOWED THE CAMPGROUND SITE.
THE SECOND PAGE GIVES YOU THE EMERGENCY PLAN.
THIS WILL BE SUBMITTED TO WARREN COUNTY, UM, EMERGENCY MANAGEMENT OFFICE AND IT SHOWS THE FLOOD STAGING AREA, UM, THE ACCESS ROUTE OR THE ACCESS FOR THE, UH, EMERGENCY VEHICLES AND, UM, THE LOCATION OF FUTURE, UM, BATH HOUSES, THINGS LIKE THAT.
UM, UM, UM, MADAM DIRECTOR, UM, HAVE ALL OF THE CONDITIONS BEEN MET, UM, OTHER THAN PROVIDING THE LETTER FROM THE HEALTH DEPARTMENT, THEY'VE BEEN MET THE APPLICANT PUT ON THE PLAN THAT THEY WOULD COMPLY WITH THE TOWN CODE, UH, CHAPTER IT'S CHAPTER 1 34, UM, FOR WATER ACCESS TO THE SITE.
UM, AND THEN ONCE THE SUP IS APPROVED, THE HEALTH DEPARTMENT WILL FURNISH THE LETTER SAY THAT THE SUBJECT SYSTEMS ARE ADEQUATE.
SO YOU FEEL COMFORTABLE APPROVING THIS WITH THOSE FOUR CONDITIONS SOLICITED IN THE REPORT? YES.
IF I MAY MENTION, UM, ON THE, UH, WE'VE HAD A SOLE CONSULTANT OUT TO THE SITE AND HE'S TESTED THE SOIL IN DIFFERENT PHASES, UH, TO THE EAST OF THE CAMP SITE, UH, AWAY FROM THE RIVER AND HE'S, UM, CONFIRMED THAT WE HAD ENOUGH, UH, THE SOIL WOULD HANDLE ANY, UH, SEPTIC SYSTEMS TO HANDLE ALL THE SITES.
I WONDER ABOUT AN EMERGENCY EVACUATION.
UH, HOW WOULD, UH, HOW WOULD YOU, HOW WOULD YOU HANDLE THAT SEEMS LIKE A LOT OF, UH, CAMPSITES ARE PRETTY CLOSE TOGETHER AND SEEMS LIKE IT MIGHT BE HARD TO GET PEOPLE OUT OF THERE IN THE CASE OF AN EMERGENCY WHEN THEY SAY THE RIVER'S FLOODING AND YOU NEED TO GET EVERYBODY OUT.
UM, WELL ON OUR PROPERTY THAT THE RIVERBANK IS PROBABLY ANYWHERE FROM SIX TO 10 FEET HIGHER THAN THE NORMAL FLOW OF THE RIVER.
SO WE WOULD HAVE MORE OF AN ADVANCE WARNING OF FLOODING.
SO IF THE RIVERS WERE RUNNING FULL, THE BANKS ARE RUNNING FULL, THEN WE WOULD PROBABLY
[00:10:01]
NOT HAVE CAMPERS IN THE, IN THE CAMPGROUND.AND IN CASE YOU GET A, UM, IF YOU GOT A THUNDERSTORM OR A FLASH FLOODING INCIDENT, YOU HAVE, THE BANKS ARE ALREADY FULL AND THAT'S NOT A GOOD IDEA TO HAVE A FULL CAMPGROUND, BUT, UM, AND WE'VE RESEARCHED OTHER FACILITIES AND THEIR HVAC PLANS.
UM, A LOT OF THEM YOU'LL HAVE, YOU'LL HAVE, UM, YOU KNOW, YOU USE BULLHORNS TO NOTIFY OUR CAMPERS.
YOU CAN WALK DOOR TO DOOR TO NOTIFY, UM, BUT YOU KNOW, EVERYTHING IS GOING TO BE PLAYING ON BEING ADVANCED.
AS FAR AS FLOODING IS CONCERNED, IT'S GOING TO BE AN ADVANCED WARNING.
OTHERWISE WE'LL JUST HAVE, YOU KNOW, LIKE I SAID, IF IT'S GOING TO BE, UH, THE POTENTIAL OF FLASH FLOOD, WHEN THE BANKS ARE RUNNING FULL, THEN WE WILL NOT HAVE THE CAMPERS IN THE, IN THE FLOOD ZONE.
I'LL CLOSE THE PUBLIC HEARING AND NOW, AND SEE IF WE HAVE ANY QUESTIONS OR CONCERNS OURSELVES.
YOU READY FOR A MOTION, SIR? OKAY.
UM, MR. CHAIR, I MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF CONDITIONAL APPROVAL OF SPECIAL USE PERMIT APPLICATION, UH, 3 0 1 6 DASH 2 0 2 1 TO THE FRONT ROLL TOWN COUNCIL, UH, WITH THE FOLLOWING CONDITIONS.
ONE THAT THE TOWN CODE REQUIREMENTS FOR WATERLINE ACCESS TO THE SITE ARE FOLLOWED.
THE APPLICANT PROVIDES A LETTER FROM THE VIRGINIA DEPARTMENT OF HEALTH STATING SEPTIC FACILITIES ARE ADEQUATE.
THE APPLICANT PROVIDES HOURS OF OPERATION, UH, OR PROVIDES THAT INFORMATION TO STAFF AND THAT ALL COMMENTS AND REQUESTS FROM THE FIRE MARSHALL OR ADHERE TO I'LL SECOND IT MOVED AND SECONDED.
ARE THERE ANY OTHER QUESTIONS OR COMMENTS BY COMMISSIONER? OKAY.
MS. POTTER COMMISSIONER INGRAM.
[VII. OLD BUSINESS]
UNDER OLD BUSINESS.WE HAVE F R S Z O R D A N DASH 29 76 DASH 2021, AN ORDINANCE AMENDMENT TO TOWN CODE CHAPTER 1 75 ZONING PURSUANT TO THE ACTION BY THE FRONT ROYAL TOWN COUNCIL ON NOVEMBER 22ND, 2021 FOR SHORT-TERM REMEDY.
SO MS. , DO YOU HAVE ANY, UM, ANY BACKGROUND INFORMATION FOR US ON THAT THIS ORDINANCE THAT YOU HAVE BEFORE YOU IS, UH, THE SAME ORDINANCE THAT WE'VE BEEN LOOKING AT? UH, THE LAST COUPLE MONTHS, THE ONLY THING I DID CHANGE ON THIS FINAL DRAFT WAS TO REMOVE THE, UM, BUSINESS LICENSE REQUIREMENT.
THAT WAS A REQUEST AT THE TOWN COUNCIL WORK SESSION THAT WE HAD, UM, I GUESS IN THE BEGINNING OF JANUARY AND I HADN'T REMOVED IT, UH, FOR THE LAST HEARING, BUT THAT'S THE ONLY CHANGE ANY, ANY QUESTIONS? YES, I GUESS SO.
UM, SO WE HAVE A MOTION ON THE FLOOR THAT WE WOULD NEED TO ADDRESS THAT THAT'S THE MOTION THAT'S OPEN RIGHT NOW.
UM, I THINK THAT MOTION IS SUBSTANTIALLY WHAT'S IN FRONT OF US.
UM, WITH THE ADDITION OF THE BUSINESS LICENSE REQUIREMENT BEING REMOVED.
I DON'T KNOW IF IT'S EASIER TO JUST VOTE THAT DOWN AND THEN VOTE TO RECOMMEND THIS, UH, TEXT IN FRONT OF US.
I THINK IT WOULD JUST BE EASIER TO KIND OF DO AWAY WITH ALL THE THREE, THREE MOTIONS THAT WE HAD AMENDING THINGS.
[00:15:01]
CAN JUST HAVE ONE CLEAN DOCUMENT.MR. SHARON, WHAT, WHAT WAS THAT MOTION THAT WE HAD ACTIVE? WE HAD ONE THAT WE TABLED OR DID WE POSTPONE UNTIL TONIGHT? UM, SO I GUESS TO KINDA SUMMARIZE WHAT THEY WERE, UH, CLEANING UP THE DEFINITIONS OF, OR DEFINITION OF SHORT-TERM RENTAL, UM, COMBINING THE TWO LOCATIONS INTO ONE, UH, CAUSE WE HAD DIVINED IT TWICE.
UH, WE HAD REMOVED, UM, TOURIST THROUGHOUT THE TEXT.
UH, SO WE WERE NOT REFERRING TO SHORT TERM TOURIST RENTALS.
WE'RE REFERRING TO SHORT-TERM RENTALS ADDED AT A MINIMUM, UH, AT THE FIRST LINE AFTER 1 75, 1 51, UH, WE REFERENCED THE LATEST VERSION OF THE UNIFIED, THE UNIFORM STATEWIDE BUILDING CODE, UH, IN ITEM F WE MODIFIED THE LANGUAGE IN, I OF NOTIFYING THE HOA.
AND THEN I THINK SUBSEQUENT TO THAT THERE WAS REMOVING PARKING REQUIREMENTS AND NOW THE BUSINESS LICENSE.
THAT'S WHY I THINK IT WOULD JUST BE EASIER TO VOTE DOWN WHAT WE HAVE ON THE TABLE AND MAKE A NEW MOTION FOR THIS TEXT.
UM, SO PROCEDURALLY, THERE'S NO ISSUE WITH VOTING DOWN THE PREVIOUS ONE AND THEN PICKING UP A NEW ONE.
IS THAT CORRECT? UH, MR. CHAIRMAN, IF I MAY, UH, THERE COULD BE OKAY.
UH, YOU COULD GET INTO A SITUATION WHERE SOMETHING'S DEFEATED AND CAN ONLY BE BROUGHT BACK UNDER CERTAIN CONDITIONS.
SO IT HAVING REFLECTED ON IT FOR 30 SECONDS.
UH, IT'S PROBABLY BETTER TO, FOR ANOTHER MOTION TO AMEND, TO, UH, ADOPT THE CURRENT TEXT.
SO IT'LL JUST BE LIKE THE TOP IS ADOPTED AS THE CORRECT.
WE AMEND THE MOTION ON THE FLOOR TO ADOPT TO THE CURRENT TEXT IN FRONT OF US.
NOW, IF I UNDERSTAND THAT WILL BE THE ONLY MOTION TO APPROVE THIS ORDINANCE, CORRECT.
SO YEAH, WITH THAT BEING SECONDED, THIS IS NOT WHAT WE'RE TALKING ABOUT.
SO WE CAN FORGET ALL THE OTHER THREE AMENDMENTS WE HAD BEFORE THIS, THIS IS WHAT WE'RE TALKING ABOUT.
I DO HAVE A COMMENT ON THIS PARTICULAR ORDINANCE, AS I STATED IN MY PREVIOUS, UH, OR AT THE PREVIOUS MEETING, UM, I'M OPPOSED TO SHORT-TERM RENTALS BEING ALLOWED AND ALL ZONING DISTRICTS.
UM, AND I'M ALSO OPPOSED TO HAVING, UM, IN OUR RESIDENTIAL DISTRICTS, UH, ANY TYPE OF, UM, SHORT-TERM RENTAL THAT IS NOT IN A HOME OR IN A OWNER OCCUPIED SITUATION, WE CURRENTLY ALLOW A BED AND BREAKFAST AND A RESIDENTIAL ZONE, BUT A BED AND BREAKFAST.
ONE OF THE REQUIREMENTS IS, UH, OWNER OCCUPIED.
AND, UH, I SUBMITTED INFORMATION AT A WORK SESSION REGARDING A HOME SHARING, WHICH IS, WHICH IS AN OPTION.
BUT, UM, UH, I JUST WANT TO GO ON RECORD AS BEING OPPOSED TO HAVING, UM, UH, SHORT TERM RENTALS AND ALL ZONING DISTRICTS.
UH, I THINK THERE ARE CERTAINLY APPROPRIATE IN COMMERCIAL DISTRICTS AND IN RESIDENTIAL, I WOULD RATHER SEE, UH, OWNER OCCUPIED, UH, PROPERTIES, UH, OR AT LEAST FOR, UH, FOR A TEST TO SEE HOW IT GOES.
BUT, UM, THAT'S JUST MY COMMENTS AT THIS POINT.
IF, IF YOU'D LIKE YOU COULD JUST MAKE A MOTION TO AMEND AND WE GO OVER THOSE ONE AFTER THE OTHER AND MAKE SURE WE HAVE CONSENT.
WELL, IT REQUIRES A LOT OF TEXTS CHANGES.
UM, UH, YOU KNOW, WE, AGAIN, WE HAD DISCUSSED AT THAT TOO AT THE WORK SESSION, BUT, UM, NONE OF THOSE WERE ADDED TO ANY, ANY PROPOSED TEXAS.
SO, UM, UH, IT MAY BE RATHER LABORIOUS
[00:20:01]
TONIGHT AND I'M AFRAID I WOULD MISS SOMETHING IF WE TRIED TO AMEND WHAT'S BEFORE US AT THIS MOMENT.AND MAYBE OTHERS, YOU KNOW, MAYBE THE, THE MAJORITY DOES, DOES NOT ONCE WISH TO, UH, UM, CHANGE IT.
SO, UH, IF IT, UH, YOU KNOW, UM, I'M KIND OF IN BETWEEN A ROCK AND A HARD SPOT, IF WE VOTED AND APPROVE IT, THEN IT GOES TO COUNCIL.
IF WE VOTE AND IT'S DENIED THEN, UM, YOU KNOW, UH, WE, WE STILL HAVE TO SEND US ON THE COUNCIL IN ITS CURRENT FORM.
WELL, I WOULD JUST LIKE TO SPEAK, UH, REGISTER SIMILAR CONCERNS BECAUSE WE HAVE IN OUR EXISTING CONDITIONS REPORT, THE FACT THAT 42% OF HOMES IN THIS TOWN ARE RENTED AS OPPOSED TO OWNED.
AND SO THIS SEEMS TO BE OPENING THE FLOOD GATES TO MOVE EVEN FURTHER IN THAT DIRECTION.
AND THE COMMISSIONER MERCHANT'S IDEA, WHICH I AM ASSUMING IS NOT A DESIRABLE DIRECTION WHEN WE DO NOT WANT TO HAVE A TOWN THAT IS, YOU KNOW, MORE THAN 50% RENTAL HOMES, WE WANT TO HAVE A STABLE COMMUNITY.
AND I THINK THE PEOPLE IN TOWN WANT A STABLE COMMUNITY.
AND SO I'M VERY CONSCIOUS WHILE I TOTALLY UNDERSTAND AND SYMPATHIZE WITH THE DESIRE TO MAKE MONEY OUT OF YOUR HOUSE, TOTALLY VALID, LEGITIMATE CONCERN.
I ALSO AM VERY SENSITIVE TO THE NEEDS FOR STABLE COMMUNITIES AND FOR KNOWING WHO YOUR NEIGHBORS ARE AND, UH, KNOWING WHAT YOU CAN COUNT ON.
UH, UH, IF, IF MR. MERCHANT WE'RE GOING TO MAKE EMOTION THROUGH, YOU KNOW, AMANDA FOR OWNER OCCUPIED IN OUR ONE DISTRICT, I WOULD GO ALONG WITH THAT, A FALLBACK POSITION MIGHT BE TO HAVE INDIVIDUALLY OWNED AS OPPOSED TO CORPORATELY OWNED, UM, BNBS IN OUR ONE DISTRICTS.
UM, IT'S UP TO OTHERS, YOU KNOW, TO HOW AGGRESSIVE WE WANT TO BE.
WE ARE UNDER THE GUN IN TERMS OF PRESSURE, BUT I JUST THINK THAT IT'S A, IT'S A ROAD THAT WE ARE GOING DOWN.
AND, YOU KNOW, WHEN WE ALREADY HAVE 42% OF HOUSES IN TOWN ARE RENTAL PROPERTIES, DO WE REALLY WANT TO ENCOURAGE MORE? THAT'S A QUESTION THAT I'M JUST ASKING THE PUBLIC CHAIRMAN MARSHA, UM, UNDER THE PROVIDED DEFINITIONS.
SO WHERE WE SAY SHORT-TERM RENTAL OWNER, ANY PERSON THAT MEETS THE DEFINITION OF OPERATOR AS DEFINED AND, UH, VIRGINIA CODE 15.2 DASH 9 8 3, IN THAT DEFINITION OPERATOR MEANS THE PROPRIETOR OF ANY DWELLING, LODGING OR SLEEPING ACCOMMODATIONS OFFERED AS, AS A SHORT TERM RENTAL, WHETHER THEY'RE IN THE CAPACITY OF THE OWNER, LESSEE, SUB LESSEE, MORTGAGEE IN POSSESSION LICENSE OR ANY OTHER POSSESSORY CAPACITY.
SO THAT DEFINITION IS BEYOND JUST, YOU KNOW, THE HOMEOWNER.
SO I JUST WANT YOU TO BE AWARE OF THAT.
I'M NOT SURE I FOLLOW WHAT YOU'RE SAYING.
WHEN YOU SAY BEYOND THE HOMEOWNER, DO YOU MEAN IT ALLOWS FOR CORPORATIONS IN CHINA TO OWN A HOUSE FOR RENTAL AIRBNB IN FRONT ROYAL? HOLD ON ONE SECOND.
IS THAT WHAT THAT MEANS? OKAY.
YES, ESSENTIALLY THAT'LL MEAN THAT, UM, ANYONE THAT EITHER HAS A LEASE A MORTGAGE, A SUB LIGHT, A SUBLET, UM, CAN RENT OUT THAT THAT'S HOW THE STATE IS DEFINING OPERATOR.
SO ANYONE BEING CORPORATION OR INDIVIDUALS.
SO BASICALLY WE ARE, IF WE VOTE FOR THIS, WE ARE RECOMMENDING THAT FACELESS CORPORATIONS, CHINA, HYPOTHETICALLY, NOTHING, NOTHING INTENDED AGAINST ANY FRIENDLY COUNTRY THAT FACELESS CORPORATIONS ANYWHERE IN THE WORLD CAN OWN HOUSES IN NEIGHBORHOODS IN FRONT ROYAL, ALLOW A BUSINESS ENTITY TO PURCHASE HOMES.
BUT WE ALREADY HAVE THAT TO AN EXTENT HERE, THERE ARE HOMES THAT HAVE BEEN PURCHASED UNDER LLCS.
AND THAT'S WHAT I'M TRYING TO DO IS TO PUT A LITTLE BIT OF A BREAK ON THAT, UH, TO REIGN THAT IN A LITTLE BIT, BY WITH THE IDEA THAT FAMILY, YOU KNOW, THAT INDIVIDUALS
[00:25:01]
OWN PROPERTIES IN ARE ONES THAT ARE GOING TO BE AIRBNBS, JUST SO THERE'S PERSONAL REPRESENTATION, YOU KNOW, IN SOME STABILITY AND SOME ACCOUNTABILITY TO S TO A KNOWN ENTITY.SO THAT WOULD BE, UM, IMMEDIATE.
IF, IF MY COLLEAGUES ON THE COMMISSION ARE WILLING TO TAKE THE TIME AND EFFORT, UM, TO CONSIDER THIS AND WE CAN AMEND THE DEFINITION.
WE CAN AMEND THE DEFINITION HERE IF YOU WOULD LIKE HERE AND NOW, DOES, DOES MR. SONNET HAVE ANY SUGGESTIONS AS LANGUAGE? ANY, YEAH, I CAN READ IT.
SHORT-TERM RENTAL OWNER WOULD BE ANY PERSON OR PRINCIPAL, SORRY.
I CAN'T REMEMBER ANY PERSON WHOSE PRINCIPAL RESIDENCE IS THE SHORT-TERM RENTAL FACILITY.
THAT'S OWNER OCCUPIED OWNER OCCUPIED WOULD BE A SEPARATE IF THEIR PRINCIPLE RESIDENCE IS THE SHORT-TERM FACILITY.
MR. MERCHANT, IS THAT PLEASE? YOU, DOES THAT SATISFY YOUR REQUEST? UM, WHEN I HARDLY HEAR YOU BECAUSE OF THE YOU'RE TOO CLOSE TO THE MICROPHONE, I THINK CURIOUSLY, THERE YOU GO.
UM, DID YOU HEAR, DID YOU HEAR WHAT THE ONLY PROBLEM I HAVE NO PROBLEM IN THE COMMERCIAL ZONE OF THE SHORT-TERM RENTAL BANG, COMMERCIALLY OWNED.
YOU FOLLOW WHAT I'M SAYING? I'M JUST TALKING JUST IN RESIDENTIAL.
WELL, CAN THAT LANGUAGE BE PUT IN MR. SONNET? I'M SORRY, PLEASE REPEAT THAT THE KINK AND THE LANGUAGE BE TWEAKED SO THAT THE OWNER OCCUPIED APPLIES ONLY TO OUR ONE ZONES.
CAN YOU DO IT ON THE FLY SO WE CAN VOTE ON IT? I'M TRYING.
UM, ONE QUESTION, IS IT LEGAL TO, TO DISCRIMINATE AGAINST, UH, CORPORATIONS OR ENTITIES, UM, IS A CORPORATION NOT VIEWED AS A PERSON? UH, THE QUICK ANSWER TO THAT IS IF THERE'S A RATIONAL BASIS FOR IT, BECAUSE CORPORATIONS IS A, AS FAR AS I KNOW ARE NOT A SUSPECT CLASS.
SO THEN WOULD THIS, I GUESS, W THIS LANGUAGE WOULD THEN EXCLUDE ANY KIND OF TRUST? UM, ANY, NOBODY, IT, IT WOULD BE ANYTHING THAT IS NOT A PERSON OWNING IT AS THEMSELVES.
AND THE RATIONAL BASIS BEING THAT YOU WANT THAT PERSON ON THE PREMISES, AT LEAST THE MAJORITY OF THE YEAR, IF NOT AT THE TIME OF THE SHORT-TERM RENTAL ITSELF, WELL, MR. CHAIRMAN, IF I COULD ASK THIS, UH, UH, BE THE DEVIL'S ADVOCATE HERE.
SO A SHORT-TERM RENTAL, AS WE PROPOSE WOULD BE A SPECIAL USE, UM, UH, DIRECT THIS TOWARD THE LEGAL DEPARTMENT.
COULD WE DENY AN APPLICATION FOR, UH, UNDER THE SUP PROVISIONS, UH, A SHORT-TERM RENTAL APPLICATION, UH, SIMPLY BECAUSE THE OWNER WAS AN LLC VERSUS A PRIVATE INDIVIDUAL OR THE, OR THE PROPERTY WAS NOT OWNER OCCUPIED, WOULD THAT BE A REASONABLE REQUEST? I WOULD GIVE THE SAME ANSWER TO THAT, WHICH IS IF THERE'S A RATIONAL BASIS FOR IT, UH, WHAT'S BEING PROPOSED IS THAT IT BE PLACED IN THE DEFINITION OF SHORT-TERM RENTAL OWNER.
AND AGAIN, UH, THIS IS PRETTY MUCH OFF THE CUFF, BUT I WOULD SAY IF THERE'S A RATIONAL BASIS FOR THAT, IT WORKS WELL.
MY CONCERN WOULD BE TESTING THAT AGAINST LONG-TERM RENTALS, BECAUSE I THINK THAT IF WE GO INTO THE WEEDS WITH THIS WITH SHORT TERM RENTALS, IS IT GOING TO RAISE THE QUESTION FOR LONG-TERM AS WELL? THERE I COULD EASILY, SOMEBODY COULD EASILY ATTEST LIKE, WELL, WHAT'S YOUR RULES ABOUT LONG-TERM RENTALS? I JUST, I THINK IT KIND OF BEGS THE QUESTION.
WELL, I GUESS MY, AGAIN, OFF THE CUFF RESPONSE TO THAT WOULD BE IT'S THE TRANSITORY NATURE OF THE SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL.
[00:30:02]
AND IS IT IN THE PUBLIC'S INTEREST TO HAVE THE OWNER HAVE A PRESENCE AT THE PROPERTY, WHICH MAY NOT BE ACTUALLY DURING ANY GIVEN SHORT-TERM RENTAL, BUT AT LEAST IT'S, IT'S THEIR PR, UM, PRINCIPAL RESIDENCE.OH, KEN, CAN YOU READ THIS DEFINITION OF THE OPERATOR AGAIN? I THINK THAT WAS KIND OF, I DON'T KNOW IF EVERYBODY HEARD IT OR NOT, BUT JUST IF ONE CLEAR MORE, ONE MORE CLEAR READING OF THE DEFINITION OF AN OPERATOR AS OUR STATE CODE CALLS IT.
AND I THINK THAT MIGHT ANSWER MY, MIGHT ANSWER SOME OF OUR QUESTIONS.
NOW, THIS IS, THIS DEFINITION IS FOUND, UH, IN THE, UH, STATE CODE SECTION REGARDING CREATION OF REGISTRY FOR SHORT-TERM RENTAL OF PROPERTY.
NOW, THE OBJECTIVE HERE MAY BE DIFFERENT THAN CRAFTING A SHORT TERM RENTAL ORDINANCE.
UH, BUT THE DEFINITION THERE WHICH WAS REFERENCED IN THE ORIGINAL DRAFT IS OPERATOR MEANS THE PROPRIETOR OF ANY DWELLING, LODGING OR SLEEPING ACCOMMODATIONS OFFERED AS A SHORT-TERM RENTAL, WHETHER IN THE CAPACITY OF OWNER, LESSEE, SUB LESSEE, MORTGAGEE IN POSSESSION LICENSEE, OR OTHER POSSESSORY CAPACITY SO AGAIN, I WOULD, MY IMPRESSION IS 15.28, UH, EXCUSE ME, 15.2 9 83 IS MORE OF A REPORTING REQUIREMENT THAN THE, THAN NECESSARILY SOMETHING THAT WOULD BE A MODEL FOR CREATING A DEFINITION OF, YOU KNOW, SHORT-TERM RENTAL AND PLACING CONDITIONS.
WELL, COULD YOU, COULD YOU REREAD THE PROPOSAL LANGUAGE CHANGE THAT YOU MADE PLEASE, AND SHOW US WHERE IT IS ON OUR PAPER IN FRONT OF US? IT'S THE THIRD DEFINITION DOWN THAT'S SHORT TERM, THE THIRD PARAGRAPH DOWN SHORT-TERM RENTAL OWNER.
AND THEIR SUGGESTION IS HE'S CHECKING ON AT HOME.
IT HAD CROSSED MY MIND ONE MORE THING RIGHT THERE IS THAT I WAS THINKING OF REMOVING SHORT TERM RENTAL THERE.
UH, IT GOES, THE SENTENCE MAKES I THINK BETTER SENSE WITHOUT IT, THE OWNER OF A DWELLING UNIT TO BE USED FOR SHORT TERM RENTAL SHALL APPLY.
I'LL TAKE A STAB AT THIS, A SHORT-TERM RENTAL OWNER, COLON, ANY PERSON WHO OWNS AS, UH, UH, BUT I'M GOING TO PAUSE AGAIN HERE.
TAKE A STAB AT THIS SHORT SHORT-TERM RENTAL OWNER COAL AND ANY PERSON WHO OWNS AS THEIR PRINCIPAL RESIDENCE, THE SHORT-TERM RENTAL FACILITY
[00:35:06]
SO SHORT-TERM RENTAL OWNER WOULD BE DEFINED AS ANY PERSON WHO OWNS AS THEIR PERSONAL, THEIR PRINCIPLE RESIDENCE, THE SHORT-TERM RESIDENTIAL RESIDENTIAL FACILITY SEARCH TERM RENTAL FACILITY.SO IF THERE IS A TERM THAT WE DON'T DEFINE AND TOWN CODE SAY PERSON, I DON'T THINK WE DEFINE IT AND IT'S DEFINED BY THE STATE.
DO WE DEFAULT TO THE STATE DEFINITION, THE STATE DEFINES A PERSON TO INCLUDE AN INDIVIDUAL AND AN ENTITY? WE COULD SAY ANY INDIVIDUAL WHO OWNS THROUGH WELL, UH, MY RESPONSE TO THAT WOULD BE, I THINK ONLY A PERSON CAN HAVE A PRINCIPAL RESIDENCE, A CORPORATION OR OTHER ENTITY CAN'T HAVE A PRINCIPAL RESIDENCE.
WELL, I, IS IT POSSIBLE FOR ME TO SUGGEST AN AMENDMENT OF THE LANGUAGE ON THE FLOOR? WELL, I JUST WANT TO MAKE SURE THIS LANGUAGE, BECAUSE RIGHT NOW IT SEEMS, I MEAN, I AGREE THE STATE CODE SEEMS VERY BROAD IN WHAT IT ALLOWS FOR THE DEFINITION OF AN OPERATOR AND BY CHANGING, WE'RE ESSENTIALLY CHANGING, OR IT SEEMS LIKE WE'RE KIND OF CONSTRICTING THE STRAIGHT STATE CODE IN OUR ORDINANCE.
COULD SOMEBODY CHALLENGE THAT WITH THE STATE STATE ORDINANCE? SHOULD WE KIN WITH THE DEFINITION OF A, YOU KNOW, FOR AN ENTITY? I MEAN, I'M JUST SAYING, I MEAN, SURE.
IT CAN BE CHALLENGED, BUT I MEAN, OUR JOB HERE IS TO DO WHAT WE CAN FOR OUR COMMUNITY.
AND SO YEAH, IF SOMEBODY, IF IT GETS CHALLENGED, IT GETS CHALLENGED.
BUT I THINK OUR JOB AS PLANNING COMMISSION IS TO DO THE BEST WE CAN FOR OUR COMMUNITY.
AND THIS IS, YOU KNOW, IF, IF WE AGREE, THIS IS THE BEST THING FOR OUR COMMUNITY, THEN WE CAN PASS IT.
OBVIOUSLY WE PASS IT UP THE LINE.
WE'RE NOT RESPONSIBLE FOR WHAT SOMEBODY ELSE DOES WITH IT, WHERE WE'RE DOING THE BEST.
CAN I JUST, UH, I JUST, I TAKE CAUTION IF WE'RE KNOWINGLY TRYING TO CON CONSTRICT VIRGINIA STATE CODE, IF WE'RE GOING TO CREATE HASSLE FOR SOMEBODY CHALLENGING IT, BECAUSE I'M NOT, I'M JUST SAYING, IF ANYBODY LOOKS INTO THAT, IF THEY GO TO THE STATE CODE, THEY'RE GOING TO SAY, WELL, I KNOW, AND I AGREE MAYBE THERE IS SOME CONCERN ABOUT HAVING A, UH, UH, BUSINESS OWNING HOUSES, YOU KNOW, HERE IN TOWN.
BUT, BUT IF, IF SOMEBODY WERE TO CHALLENGE YOU, I THINK IT WOULD BE RATHER EASY FOR THEM TO GO TO THE BOARD BOARD OF ZONING APPEALS PERHAPS AND SAY, WELL, VIRGINIA CODE IDENTIFIES, UH, IDENTIFIES, UH, AN OPERATOR AS STATED AS THIS, YOUR ORDINANCE STATES IT AS JUST BEING A PERSON.
SO I'M JUST TRYING TO, I'M JUST LOOKING AT IT.
I MEAN, I'M GUESSING AS COMMISSIONER OF MERCHANTS AND I'M PLAYING, MAYBE DEVIL'S ADVOCATE HERE, BUT I'M JUST LOOKING TO, YOU KNOW, DO WHAT'S ROMEO, WE HAVE TO STAY WITHIN VIRGINIA CODE THAT'S THAT'S, WHETHER THAT'S OUT OF OUR HANDS.
SO IF I MAY TRY TO COMMENT ON THAT, UM, A BUSINESS CAN CERTAINLY OWN A RENTAL HOUSE AND RENT IT.
THE QUESTION IS CAN A BUSINESS OWNER, A HOUSE AND RENT IT SHORT.
AND, UH, WHAT I WAS TRYING TO ACCOMPLISH IS TO TRY TO COME UP WITH LANGUAGE THAT, UH, RESTRICT SHORT-TERM RENTALS IN RESIDENT, IN A RESIDENTIAL SETTING.
IN OTHER WORDS, NOT A COMMERCIAL ZONE, BUT A, BUT A RESIDENTIAL, UH, TO, UH, LIMITED TO WHERE IT'S INDIVIDUALLY OWNED AS A PRINCIPAL RESIDENCE.
YES, THAT'S WHAT I WAS TRYING TO THANK YOU.
I THINK, I THINK THAT AS A HAT, PUTTING THAT AS THEIR PRINCIPAL RESIDENCE IS, UH, SEEMS TO ME A SIGNIFICANT PROTECTION FROM SOME OF THE THINGS WE'VE TALKED ABOUT.
GOOD, UM, GOOD WORDS TO, UM, TO ADD TO THIS.
WELL, WITH THAT SAID, DOES THE STATE CODE DEFINITION OF AN OPERATOR CLEARLY INDICATE AS AN OPERATOR BEING A PRISON PRINCIPAL RESIDENCE, WE'RE MISSING THAT WE'RE NOT RESPONSIBLE FOR THAT.
[00:40:01]
GOING THREE STEPS DOWN THE ROAD.WE'RE NOT CONSTITUTIONAL LAWYERS.
I KNOW, BUT I MEAN, I DON'T THINK IT TAKES A CONSTITUTIONAL LAWYER TO, TO SEE WHAT WE'RE STAYING ON HERE IS GOING TO GO AGAINST VIRGINIA STATE CODE.
I MEAN, AS FOR DEFINITION OF AN OPERATOR THAT'S, IF ANYBODY LOOKS AT UP, GOES ONLINE AND SAYS, YOU KNOW, MAYBE I SAID THAT WHETHER OR NOT I'D AGREE WITH IT OR NOT, OR WE AGREE WITH IT OR NOT, THAT DOESN'T MATTER.
I MEAN, IF THIS IS, IF THIS IS A STATE CODE, THEN THIS IS A STATE CODE.
I MEAN, I JUST, I DON'T KNOW WHY I CAN OPENLY.
I MEAN, I CAN'T, I JUST DON'T KNOW WHY WE WOULD WANT TO GO AGAINST THE VIRGINIA STATE CODE RIGHT NOW.
I MEAN, IF THAT'S ESSENTIALLY WHAT WE'RE DOING, WE'RE TRYING TO ADD VERBIAGE TO THROW SOMETHING OVER THE FENCE FOR SOMEBODY ELSE TO SOLVE.
AND TO ME, IT'S JUST LIKE, IF, IF THE DEFINITION OF AN OPERATOR FROM THE STATE OF STATE CODE OF VIRGINIA, IF IT INCLUDES AN OPERATOR BEING A BUSINESS, THEN WE DON'T HAVE ANY POWER TO CHANGE VERBIAGE TO OUR ORDINANCE TO SAY OTHERWISE.
SO YOU'RE SAYING THE TOWN OF FRONT ROYAL DOESN'T HAVE THE POWER TO PROTECT.
I'M SAYING IT HAS POWER PROTECTORS NEIGHBORS, BUT I'M SAYING FROM A LEGAL STANDPOINT, WE DEFINITELY HAVE TO FALL WITHIN STATE CODES THOUGH.
DO YOU HAVE ANOTHER WAY TO PROPOSE LANGUAGE? I MEAN, I, I PERSONALLY DON'T, AGAIN, THAT'S WHERE I AGREE WITH YOU.
I'M NOT A CO YOU KNOW, I'M NOT AN ATTORNEY HERE, YOU KNOW, IF, IF WHAT IF, IF WHAT OUR, OUR, OUR ATTORNEY'S SAYING GOES WITHIN STATE CODE I'M FOR IT, BUT IF THERE, BUT TO ME SO FAR WHAT HE SAID, I MEAN, MAYBE I'M WRONG.
IT JUST SEEMS LIKE IT GOES AGAINST THE DEFINITION OF AN OPERATOR, BUT STATE BY STATE CODE THAT THAT'S, THAT'S ALL I'M SAYING.
I JUST, IF, CAUSE I THINK IF ANYBODY WERE TO GO TO THE BOARD OF ZONING APPEALS WITH THIS AND, AND PULL THIS UP, THEY'RE GOING TO CLEARLY STATE WELL, AND I AGREE, YOU KNOW, IF AN LLC WERE TO CHALLENGE IT, THEY WOULD PROBABLY WIN WELL, BUT ISN'T THE, THE CHANGE.
WHY AREN'T WE REMOVING THE WORD OPERATOR AND THE REFERENCE TO THAT STATE CODE SECTION? SO I DON'T THINK IT MATTERS WHAT THE STATE COULD DEFINES AN OPERATOR AS, BECAUSE THAT'S NOT WHAT WE'RE DEFINING A SHORT TERM RENTAL OWNER AS IS THAT I DON'T THINK IT MATTERS IF THAT'S THE CASE OF REMOVING THE OPERATOR ALTOGETHER THEN.
YEAH, I WOULD, I WOULD, I WOULD REGRET THAT MAYBE IF I'M INTERPRETING THAT WRONG, THAT'S ME, BUT IF WE'RE REMOVING OR FOR REMOVING IT ALTOGETHER, THEN SO BE IT OPERATOR IN GEORGE'S DEFINITION IS STRICKEN FROM IT.
SO THIS CODE REFERENCE IS NOT IN THERE ANYMORE.
UM, AND LOOKING AT THIS FURTHER W WHERE YOU, IT WOULD LET SOMEBODY, WHO'S A SUB LESSEE TO BE ABLE TO REGISTER A SHORT-TERM RENTAL OR SORRY, APPLY FOR A SHORT-TERM RENTAL, THE SEP PERMIT, UM, THAT COULD GET INTO SOME GRAY AREA BEFORE I MAKE A MOTION.
IS THERE ANY OTHER CHANGES YOU WANT TO MAKE MR. SONNET TO THE LANGUAGE, BUT THE OWNER HAS TO APPLY.
I THINK THAT'S THE MAIN SUPPLY FOR THE SPECIAL USE PERMIT.
AND THAT'S ALREADY IN WHAT WE'VE GOT THAT THE OWNER APPLIES, RIGHT? THIS SHORT TERM RENTAL OWNER.
SO THE OWNER DOES THE APPLYING, HOPEFULLY NOT TO FURTHER CONFUSE IT, BUT IF, IF THIS DEFINITION WERE USED AGAIN, WHICH IS PULLED FROM A DIFFERENT AREA OF STATE LAW, ADDRESSING REGISTRIES OF SHORT-TERM RENTALS, THE WAY I READ IT, YOU COULD HAVE A SUB LESSEE APPLY FOR A SPECIAL USE PERMIT FOR SHORT-TERM RENTAL, THAT, THAT ON ITS FACE, IT MAKES NO SENSE YOU, THE OWNER HAS TO APPLY.
SO I'M DOING THIS ON THE FLY, BUT THAT'S, I UNDERSTAND THAT THAT'S, THAT'S WHAT I CONCLUDE.
WELL, I WOULD LIKE TO PROPOSE THAT LANGUAGE AS AN AMENDMENT TALKING ABOUT WHAT WE COPIED HERE.
AND IF I, IF I MAY POINT OUT, I'M NOT, I HAVEN'T ADDRESSED THE ISSUE OF THE DIFFERENT ZONES.
UH, THIS IS JUST TACKLING, UH, THE ISSUE OF, UH, HAVING THE OWNER HAVE A PRESENCE AT LEAST HALF OF THE YEAR AT THE PROPERTY, IN QUESTION AT THE, AT THE RENTAL PROPERTY, AS FAR AS, AS FAR AS TAILORING THIS TO THE VARIOUS ZONES.
I, I HAVEN'T ACCOMPLISHED THAT PART.
[00:45:03]
MR. SHOULD WE COME BACK TO THIS LATER? AFTER YOU'VE HAD A CHANCE, MR. CHAIR QUESTION, OTHER THAN ADDRESSING THE ISSUE WE'RE TALKING ABOUT NOW TO LIMIT IT TO AN OWNER, UH, TO A PRIMARY RESIDENCE, EXCUSE ME.UM, WHAT, WHAT PURPOSE DOES DEFINING SHORT-TERM RENTAL OWNER SERVE? AND I GUESS THAT'S PROBABLY A BETTER QUESTION FOR, UM, STAFF.
SO W WHY DO WE NEED TO DEFINE WHAT THE SHORT-TERM RENTAL OWNER IS? BECAUSE TO ME, IF WE DIDN'T DEFINE IT AND YOU CAME DOWN AND YOU READ THE SHORT-TERM RENTAL OWNER OF A DWELLING UNIT TO BE USED FOR A SHORT TERM, RENTAL SHALL APPLY FOR A SPECIAL USE PERMIT.
I MEAN, IT'S PRETTY CLEAR THAT THERE YOU WOULD HAVE TO BE THE OWNER, AND THEN WE DON'T HAVE TO WORRY ABOUT THE OPERATOR LANGUAGE.
WELL, I KNOW, SO I'M SAYING IF, IF REGARDLESS OF THE PRINCIPAL RESIDENCE, BECAUSE I, I'M NOT A FAN OF THAT.
UM, BUT IF WE WERE TO JUST REMOVE THAT DEFINITION ALTOGETHER, I MEAN, THAT WOULD CLEAR THE ISSUE OF THE OPERATOR AND THE SUB LESSEE BEING ABLE TO APPLY FOR A SPECIAL USE PERMIT, BECAUSE I JUST DON'T KNOW WHAT WE GAINED BY DEFINING THAT TERM.
WELL, I THINK WHAT HE WAS TRYING TO GAIN WAS A WAY TO HAVE OWNER OCCUPANCY.
THEY WERE SEPARATE FROM THAT FACT, LIKE, WHY DID WE PUT A DEFINITION HERE TO BEGIN WITH? I THINK WE COULD, I THINK WE COULD GET RID OF IT AND NOT LOSE ANYTHING SEPARATE FROM, I AGREE.
YOU CAN TAKE THAT DEFINITION OUT COMPLETELY.
AND IT DOESN'T, IT WON'T CHANGE THE FABRIC OF THE WORD NUTS.
NICE THOUGH, JUST STRIKE THAT THIRD PARAGRAPH ON THE PAGE, IN OTHER WORDS, AND THEN, THEN WE JUST HAVE TO FIND SOMEPLACE ELSE TO PUT IN THE GOAL.
WELL, I WOULD PROPOSE TO DO THAT IN LIEU OF RESTRICTING IT TO A PRINCIPAL RESIDENCE.
UM, I'M NOT, I I'M, I'M NOT OPPOSED TO HAVING AN LLC OPERATING SHORT-TERM RENTALS IN RESIDENTIAL DISTRICTS.
I THINK THE PURPOSE OF DOING THIS THROUGH THE SPECIAL USE PERMIT VEHICLE IS SO THAT COUNT, WE AND COUNCIL HAVE THE ABILITY TO LOOK AT EVERY SINGLE CASE AND DETERMINE IT'S APPROPRIATENESS.
AND SO HAVING IT BE BROAD IS OKAY, BECAUSE WE'RE ABLE TO LOOK AT EVERY CASE AS IT COMES UP TO SEE WHETHER OR NOT IT FITS.
AND SO I I'M, I'M OKAY WITH AN ENTITY OWNING A PROPERTY BECAUSE WE'RE STILL GONNA REVIEW IT.
WHO'S WE, UH, SORRY, PLANNING COMMISSION AND TOWN COUNCIL.
WE'LL STILL REVIEW IT THROUGH THE SPECIAL USE PERMIT.
UM, I THINK THAT IF WE PLAY SUCH A RESTRICTION, I THINK THAT IT COULD POTENTIALLY LEAD TO, I JUST THINK IT, IT, IT CREATES ANOTHER QUESTION ABOUT WHERE ELSE ARE WE GOING TO RESTRICT THAT? BECAUSE FOR INSTANCE, THE TWO GENTLEMEN ARE SITTING RIGHT THERE REPRESENTING AN LLC.
THAT WOULD BE BEGGING THE QUESTION LIKE, WELL, ARE WE GOING TO BASE THE FACT THAT THEY'RE OPERATING A CAMPGROUND BECAUSE THEY'RE AN LLC? OR ARE THERE TWO INDIVIDUAL GENTLEMEN? I MEAN, OUR CONCERN IS THE USE OF IT.
SO I GUESS I'M JUST, I'M JUST CONSUMING AS THE HOUSTON OKAY.
YOU'RE REFERRING TO OUR ONE ZONE.
I MADE THAT CLEAR IN MY REMARKS, BUT IF I MAY, YOU CAN ALWAYS RECOMMEND A CONDITION THAT A MANAGER OR A CARETAKER RESIDE ON SITE WHILE IT IS BEING RENTED AS A SHORT-TERM RENTAL THAT'S WITHIN YOUR PURVIEW.
SO THAT GIVES YOU AN OPTION TO, IF YOU FEEL IT'S NECESSARY FOR THAT INSTANCE, IF IT IS IN THE ZONE, YOU CAN SAY WE WOULD RECOMMEND APPROVAL.
YOU MEAN EVERY SINGLE SUP WERE TO BE A PERFORMANCE STANDARD.
YOU HAVE THAT PROVISION IN EVERY SINGLE SUP THAT COMES BEFORE US.
THAT WHAT YOU'RE SAYING AS A PERFORMANCE STANDARD.
NOBODY'S GOING TO PAY THAT MUCH ATTENTION TO REMEMBER THAT LONG.
UM, MR. CHAIR, I MOVED TO STRIKE, I MOVED TO AMEND THE MOTION ON THE FLOOR TO STRIKE THE DEFINITION OF SHORT-TERM RENTAL OWNER.
UH, NOW YOU'RE TALKING ABOUT A
[00:50:02]
SHORT TERM RENTAL OWNER AND YOU'D TYPE IN MY TAKING OUT HOW THEY DO.THE THIRD PROGRESS, CORRECT? THE THIRD PARAGRAPH.
ANY OTHER DISCUSSION ON THAT? SO WE VOTED MR. CHAIR, WE VOTING ON AN AMENDMENT OR THE VOTING ON STRIKING THE THIRD PARAGRAPH OF THIS PIECE OF PATIENTS, RIGHT.
THE MOTION TO STRIKE, AND THEN WE'LL VOTE ON YES.
AND THEN WE STILL NEED THE VOTE ON THE MAIN MOTION, BUT IF WE'RE GONNA, IF WE'RE GOING TO LIMIT OUR ONE SHORT-TERM RENTALS TO OWNER OCCUPIED, WE NEED TO PUT SOMETHING ELSE IN.
WE NEED TO MAKE A MOTION SOMEWHERE ELSE TO PUT SOMETHING ELSE IN SOMEPLACE ELSE.
I MEAN, THE GOAL OF THE GOAL OF THE PROPOSED LANGUAGE FROM LEGAL COUNSEL WAS TO PROVIDE A, AN AVENUE, A PATH TO GET THE OWNER OCCUPANCY.
UM, AND YOU KNOW, IT WAS, IT WAS TOO BROAD.
AND I, I UNDERSTAND THE DIFFICULTY WITH IT, BUT IS THERE SOMEPLACE ELSE IN HERE, UH, ANYWHERE BETWEEN A AND N WHERE WE COULD STICK IN SOMETHING THAT WOULD SPEAK TO THE CONCERNS YOU NEED TO DISCUSS AND THEN VOTE WHAT'S ON THE FLOOR FIRST.
AND MY INTENT WITH STRIKING THIS IS THAT I AM OKAY WITH LLC.
I AM OKAY WITH ENTITIES OWNING THEM IN ARWIN DISTRICTS.
SO IN MY VIEW, WE WOULD STRIKE THIS AND WE WOULD NOT ADD, UH, THE, ON THE FLY DEFINITION THAT WE CAME UP WITH.
THE THIRD PARAGRAPH IS, IS A SUPERFLUOUS, BUT I STILL AM CONCERNED ABOUT THE .
UH, DO WE, DO WE HAVE A CONCERN? DO WE THINK WE HAVE A CONSENSUS ON THAT LIMIT? ELIMINATING THE THIRD PARAGRAPH THERE, PERHAPS WE SHOULD JUST HAVE A SHOW OF HANDS OF PEOPLE THAT ARE IN FAVOR OF REMOVING THAT, THAT THOSE TWO LINES THERE.
IS THE SHOW OF HANDS OF NOTE OR IS THIS, UH, THAT'S A GOOD QUESTION.
I THINK WE HAVE TO DO A ROLL CALLED ONLY, I MEAN, COMMISSIONER GORDON MADE THE MOTION A SECOND AND NOW WE HAVE TO DO THE, I WANT TO MAKE SURE.
AND THEN WE'LL VOTE, CORRECT? YEAH.
SO WE'LL ASK MS. POTTER THEN TO TELL THEM A COMMISSION ON THAT COMMISSIONER GORDON.
VICE CHAIRMAN MARSH, NER ABSTAIN, COMMISSIONER MERCHANT.
SO NOW CAN WE FIND A PLACE TO WORK IN THE CONCERNS IN THE FORM OF SOME AMENDMENT LANGUAGE? YOU'RE NOT HAVING A REAL GOOD SO FAR.
I GUESS I WAS MAINLY ASKING LEGAL COUNSEL BECAUSE HE SAID HE WAS WORKING ON SOMETHING ELSE.
I JUST WANTED TO MAKE SURE WE'RE NOT LEAVING SOMETHING UNDONE ON YOUR DOCUMENTS.
IF YOU WANT TO ADDRESS SHORT-TERM RENTALS AND OUR ONE, THE PLACE YOU'RE GOING TO WANT TO DO IT IS WHERE IT'S A SHORT-TERM RENTALS SHALL BE PERMITTED IN ALL ZONING DISTRICTS BY SPECIAL USE PERMIT AND SHALL AT A MINIMUM MEET THE FOLLOWING REQUIREMENTS.
THAT'S THE SENTENCE YOU'RE GOING TO WANT TO CHANGE? WE COULDN'T ADD AN ALPHABET LETTER THAT JUST SAYS, EXCEPT THAT IN OUR ONE DISTRICTS, THE PRINCIPAL, UH, THE, THE SHORT-TERM RENTAL APPLICANT MUST HAVE AS HIS PRINCIPAL
[00:55:01]
REP AS HIS PRINCIPAL RESIDENCE OR THEIR PRINCIPAL RESIDENCE OF THE SDR FACILITY.IT COULD BE LIKE, OH, CAN I ADD AN O AT THE END, AFTER THE HAND, IF YOU WANT TO REQUIRE, UM, THE PRINCIPAL RESIDENT, OR YOU WANT TO ALLOW THE, UM, THESE RESPITE SPECIAL USE PERMIT AND ALSO PHONES EXCEPT OUR ONE IS NO, NO, NO, NO.
JUST THAT IN AD LIKE HYPOTHETICALLY SECTION, OH, UNDERNEATH THIS, WE GO UP TO AN AND SAY PROVIDED THAT, UH, IN THE DISTRICTS, UM, THE, UH, SHORT-TERM, UH, RENTAL OWNER MUST USE THE SDR FACILITY AS THEIR PRINCIPAL RESIDENCE, OR A MORE GRAMMATICAL WAY OF SAYING THAT YOU CAN DO THAT.
UM, MY CONCERN FROM A ZONING ADMINISTRATOR STANDPOINT IS WILL THAT CONTRADICT THAT VERY FIRST SENTENCE THAT I JUST READ? WELL, BECAUSE ONLY IF HE KNEW SECTION, OH, IS A CONDITION OF, ALONG WITH ABCD, ET CETERA, THEN HOW WOULD IT DO THAT? GEORGE SAYS IT FLIES.
UM, GEORGE, DO YOU HAVE LANGUAGE OR DO YOU WANT ME TO ON THE FLY FLY HIGHER? AND I COME UP WITH CRAZY LANGUAGE.
UM, I DON'T, BUT, UH, YOU MIGHT WANT TO JUST WORK OFF WHAT WE HAD EARLIER UNDER THE SHORT-TERM ROHNER SHORT-TERM RENTAL OWNER, DEPENDING ON, WELL, OKAY.
I THREW OUT THE IDEA OF PRINCIPLE RESIDENTS, JUST TRYING TO ADDRESS A CONCERN.
A PRINCIPAL RESIDENCE HAS A MEANING WITH THE IRS, WHICH MEANS, YOU KNOW, THAT'S WHERE YOU ARE MORE THAN HALF THE YEAR.
SO PROVIDED THAT IN R ONE ZONE, UM, THE SHORT-TERM RENTAL OWNER MUST HAVE THE SHORT-TERM RENTAL FACILITY AS PRINCIPAL RESIDENCE DOES NOT DO IT.
YOU COULD SAY SOMETHING TO THE EFFECT OF IF THE PROPERTY IS LOCATED IN THE R ONE DISTRICT, THE SHORT TERM RENTAL FACILITY MUST BE, UH, THE OWNER'S PRIMARY OR PRINCIPAL RESIDENCE.
CAN YOU SAY THAT AGAIN SO I CAN WRITE IT DOWN? OKAY.
IF THE PROPERTY IS LOCATED IN THE DISTRICT, THE SHORT-TERM RENTAL FACILITY SHALL BE THE OWNERS PRINCIPAL RESIDENCE.
MS. MR. CHAIRMAN, MAY I PROPOSE THAT AS AN AMENDMENT, I MOVE AN AMENDMENT TO ADD A SECTION.
AT THE END OF THE BOTTOM OF PAGE, TWO OF THE DOCUMENT IN FRONT OF US TO READ PROVIDED THAT IF THE PROPERTY IS LOCATED IN THE DISTRICT, THESE SHORT-TERM RENTAL SHELBY, THE OWNER'S PRINCIPAL RESIDENCE.
IS THERE A S THAT'S MY MOTION.
IS THERE A SECOND? SECOND? WELL, I'LL SECOND.
ANY OTHER QUESTIONS OR WE NEED TO VOTE ON A NUMBER.
OH, SO, UM, MR. CHAIR, I'D JUST LIKE TO REITERATE AGAIN.
I THINK THE SPECIAL USE PERMIT PROCESS GIVES US THE ABILITY TO LOOK AT EVERY APPLICATION AS IT COMES FORWARD, BOTH THE PLANNING COMMISSION AND THE TOWN COUNCIL AND JUDGE EVERY APPLICATION BASED ON ITS MERITS.
UM, I AM NOT IN FAVOR OF RESTRICTING THE ARWAN DISTRICT FURTHER THAN, UH, THE SPECIAL USE PERMIT IN PLACE FOR ALL DISTRICTS.
[01:00:03]
I GUESS WE WOULD, UH, WE WOULD JUST, WE WILL VOTE ON THEM, UM, THIS ITEM.OH, DO WE HAVE A MAJORITY OF PEOPLE THAT, UH, THAT SUPPORT THIS, UM, UH, THIS EDITION, SO, UM, UM, MS. PARK, DO YOU HAVE, UH, DO YOU HAVE WORDED VERBIAGE FOR THAT? I DO.
DO YOU MIND, DO YOU NEED ME TO REPEAT IT? YEAH.
VICE-CHAIRMAN MARSHALL, HER PROPOSED AMENDMENT TO ADD SECTION OH, ON THE BOTTOM OF PAGE TWO, THAT IF THE PROPERTY IS LOCATED IN THE DISTRICT, THE SHORT TERM RENNER FACILITY SHALL BE THE OWNERS, PRINCIPAL RESIDENTS.
CAN WE HAVE A VOTE ON THIS COMMISSIONER GORDON NOW? VICE CHAIRMAN MARSH NER YES.
UH, ANY, ANY, ANY OTHER CONCERNS WE, UM, WE MAKE, WELL, SOMEONE OFFERED A MOTION TO ACCEPT THE, UH, THE MODIFIED, WELL, THE MAIN MOTIONS ALREADY ON THE FLOOR.
NO OBJECTION TO CALLING THE QUESTION.
LET US, UH, UH, POLI COMMISSIONER.
COMMISSIONER MERCHANT, NO COMMISSIONER JONES.
UM, THAT, IS THERE ANYTHING ELSE THAT IS BE CONSIDERED PART OF THAT OLD BUSINESS? I THINK WE HAVE SPENT A GOOD DEAL OF TIME ON THAT.
[VIII. NEW BUSINESS]
UNDER NEW BUSINESS WE HAVE, UH, ELECTION OF OFFICERS FOR NEXT YEAR.AND SO WE WILL ELECT A CHAIRMAN AND A VICE CHAIRMAN.
AND SO, UM, UH, I'LL OPEN THE FLOOR TO, UM, NOMINATIONS FOR, UM, FOR CHAIRMAN.
AND I WANT TO JUST SAY THAT I HAVE ENJOYED MY TIME AS A CHAIRING OF THIS ORGANIZATION, THIS, THIS, THIS GROUP OF PEOPLE ACTUALLY.
AND, UM, I W I WOULD NOT, I WILL NOT BE ELIGIBLE TO CONTINUE BECAUSE MY TERM EXPIRES IN, UH, IN SEPTEMBER.
I BELIEVE SO I'M, THIS IS, THIS WILL BE MY LAST MEETING AS CHAIRMAN, BUT YOU WILL CONTINUE TO SAY UNTIL SEPTEMBER, AS A MEMBER, I'VE ENJOYED EVERY MINUTE OF IT.
NOMINATION IS FORREST AND THE FLOOR IS OPEN TO NOMINATIONS FOR CHAIRMAN, UH, NOMINATE COMMISSIONER, A MERCHANT.
SECOND THAT NOMINATION, ANY OTHER NOMINATIONS? THERE ARE NONE.
UM, WE, WELL, I GUESS WE WILL HAVE A VOTE.
WE ONLY HAVE ONE CANDIDATE, BUT LET'S, LET'S DO A VOTE ON THAT.
IS POTTER CHAIRMAN JONES? YES.
I DON'T KNOW IF THAT'S IT OR NOT.
NOW I STARTED TO SAY ASSISTANT COMMISSIONER, VICE CHAIRMAN, NOMINATIONS CHAIR.
[01:05:01]
GORDON FOR VICE-CHAIR POSITION.ANY OTHER SECOND? THERE'S NO OTHER NOMINATIONS.
UM, WE WILL, WE WE'LL HAVE A VOTE.
UM, TO YOU ALSO, AND, UM, THE LAST ITEM IS A COMMISSIONED MEMBER REPORTS.
ANYBODY HAVE ANYTHING TO REPORT HERE? NOTHING REALLY? AND THEN WE CAN HAVE A MOTION TO ADJOURN.
LAST TIME I SAID THIS, HAVE A SHOW OF HANDS.