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PRESENT VICE-CHAIRMAN[Planning and Zoning on August 20, 2025.]
NEIL.COMMISSIONER FEDERICA PRESENT.
UM, DO WE HAVE ANY ADDITIONAL DELETION FROM THE AGENDA? UM, COMMISSIONERS? NO.
AND THE NEXT ITEM IS THE APPROVAL OF THE MINUTES.
UM, EXCUSE ME, HAS EVERYBODY REVIEWED THE MINUTES OF JULY 16TH THROUGH MEETING? YES.
DO I, UH, HEAR A MOTION TO ACCEPT THE MINUTES? MADAM CHAIR, THE PLANNING COMMISSIONER APPROVED THE JULY 16TH, 2025 REGULAR MEETING MINUTES AS WRITTEN.
MS. POTTER, PLEASE CALL THE ROLL.
AT THIS POINT IN THE MEETING, WE OPEN THE MEETING TO PUBLIC COMMENTS ON MATTERS NOT RELATED TO THINGS UP FOR PUBLIC HEARING.
UH, MS. POTTER, HAS ANYBODY SIGNED UP TO SPEAK? NO.
IS THERE ANYONE HERE WHO WANTS TO SPEAK ON A MATTER THAT IS NOT ON THE REGULAR AGENDA? IF SO, THIS IS YOUR CHANCE.
UH, I WILL CLOSE THE PUBLIC AND MOVE TO OUR PUBLIC HEARINGS, AND WE'RE NOW AT THE PUBLIC HEARING, UH, PUBLIC COMMENTS, I SHOULD SAY, EXCUSE ME, PORTION OF THE MEETING.
UH, LET ME JUST REMIND EVERYBODY THAT THERE IS A THREE MINUTE, UH, LIMITATION ON THE LENGTH OF REMARKS.
AND WHEN YOU STEP UP TO THE PODIUM, PLEASE REMEMBER TO STATE YOUR NAME AND ADDRESS AND DIRECT YOUR COMMENTS TO THE PLANNING COMMISSION AND NOT TO THE APPLICANT, THE STAFF OR ANY SPEAKER, AND OF COURSE, UM, BE RELEVANT TO THE TOPIC AT HAND AND S
WE'RE NOW AT THE PUBLIC HEARING PORTION OF THE MEETING, AND THE FIRST ITEM IS 2 5 0 0 2 9 7.
A SPECIAL USE PERMIT APPLICATION TO ALLOW A SHORT TERM RENTAL, UH, ON BEHALF OF SHELBY COOK AND COOK.
UH, LOCATED AT 1408 OH WINCHESTER PUBLIC.
UH, UM, OF WHICH STAFF THIS PLACE, WE HAVE THREE SPECIAL USE PERMITS ON TONIGHT'S AGENDA.
SO WE THOUGHT WE WOULD DO A LITTLE REFRESH ON SPECIAL USE PERMITS SINCE WE HAVE THREE OF THEM.
UH, SO, UH, THINGS TO REMEMBER, THE GOVERNING BODY, THE OP IS AUTHORIZED THAT RANCH SPECIAL USE PERMITS UNDER SUITABLE REGULATION SAFEGUARD, WHICH IS UNDER VIRGINIA CODE 15, UH, 22 86 83.
UNDER VIRGINIA LAW, THE CONDITIONS IMPOSED MUST BEAR A REASONABLE RELATIONSHIP TO LEGITIMATE LAND USE CONCERNS AND PROBLEMS GENERATED BY THE USE OF PROPERTY, UNLIKE PROFFERS, THAT ACCOMPANY REZONING CONSIDERED BY THE LOCALITIES GOVERNING BODY.
SPECIAL USE PERMIT CONDITIONS ARE NOT VOLUNTEERED BY THE LANDOWNER AND NEED NOT BE DEVELOPED THROUGH NEGOTIATIONS.
DWAYNE, IF YOU COULD ADVANCE THE SLIDE PLEASE.
SPECIAL USE PERMIT SHALL DEMONSTRATE THE APPROPRIATENESS OF ESTABLISHING A SPECIAL USE ON THE SPECIFIC PROPERTY.
SO YOU NEED TO DETERMINE IS IT APPROPRIATE FOR THESE PARCELS.
FOR SPECIAL USE PERMITS, YOU SHOULD CONSIDER THE IMPACT OF THE SPECIAL USE ON THE CHARACTER OF THE DISTRICT, THE IMPACT OF THE SPECIAL USE ON THE WELFARE OF THE LANDOWNERS AND OCCUPANTS OF THE LAND AND THE DISTRICT, AND WHETHER IT'S CONSISTENT WITH THE COMPREHENSIVE PLAN.
OTHER FACTORS IS THE CHARACTER OF THE PROPERTY, THE GENERAL WELFARE OF THE PUBLIC, AND ECONOMIC DEVELOPMENT OF THE COMMUNITY.
SO THINGS KNOW, PRINCIPLES KNOW ABOUT SPECIAL USE PERMIT, WHETHER GRANTED BY THE GOVERNING BODY OR THE BCA SPECIAL USE PERMITS ARE LEGISLATIVE IN NATURE.
THE USES ALLOWED BY SPECIAL USE PERMITS ARE CONSIDERED TO HAVE A POTENTIALLY GREATER IMPACT THAN THOSE ALLOWED BY A MATTER OF RIGHT.
SPECIAL USE PERMITS MUST BE EVALUATED UNDER REASONABLE STANDARDS AND BE BASED ON ZONING PRINCIPLES.
THE IMPACTS OF SPECIAL USES ARE ADDRESSED THROUGH CONDITIONS, AND THE CONDITIONS MUST BE REASONABLE RELATED TO THE IMPACTS TO BE ADDRESSED, AND THE EXTENDED CONDITIONS MUST BE ROUGHLY PROPORTIONAL TO THE IMPACT.
DECISIONS TO DENY SPECIAL USE PERMIT MAY BE APPEALED TO CIRCUIT COURT.
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A LOCALITY IMPOSES CONDITIONS ON A SPECIAL USE PERMIT, IT MUST BE CERTAIN THAT THE CONDITIONS HAVE AN ESSENTIAL NEXUS THAT IS RELATED TO THE IMPACT OF THE PROPOSED DEVELOPMENT AND ROUGHLY PROPORTIONAL TO THE EXTENT OF THE IMPACT THE ESSENTIAL NEXUS OR THE RELATIONSHIP BETWEEN THE PRIVATE PARTY'S ACTIVITY AND THE BURDEN PLACED ON THE COMMUNITY AS A RESULT.AND THE FEE OF REQUIREMENT PLACED ON THE PRIVATE PROPERTY OR PARTY IS ROUGHLY PROPORTIONAL TO THE BURDEN IN IMPOSED.
SO OUR FIRST SPECIAL USE PERMIT IS 25 0 0 2 9 7 FOR SHORT TERM RENTAL.
THAT'S LOCATED AT 1408 OLD WINCHESTER WINCHESTER PIKE IDENTIFIED THE TAX MAP 28 12 SECTION EIGHT LOT FIVE.
THE PROPERTY IS ZONED R TWO AND IS IN THE RESIDENTIAL DISTRICT.
THERE'S THE AERIAL VIEW, UH, 1408 OLD WINCHESTER PIPE THERE, UH, THE REAR OF THE LOT ABOVE THE RIVER.
UM, SO THERE IT IS LOCATED AT OLD WINCHESTER PIPE, IF YOU'RE FAMILIAR WITH THAT PART OF THE TOWN.
UH, THERE'S A FRONT ELEVATION OF THE HOUSE.
THERE IS PARKING ON THE, AS YOU CAN SEE BY THIS PHOTOGRAPH, PARKING ON THE LEFT AND PARKING ON THE RIGHT.
AND THERE IS THE SURVEY PLAT THAT'S REQUIRED FOR SPECIAL USE PERMITS SHOWING THE, UH, STRUCTURE WITH THE PARKING ON THE SIDE THERE.
UH, THAT INFORMATION WAS INCLUDED IN YOUR PACKET FOR REVIEW.
YOU HAD A STAFF REPORT, UH, THE SHORT TERM RENTAL APPLICATION TO REVIEW AND OTHER SUPPORTING DOCUMENTATION WITH THE STAFF REPORT.
YOU DISCUSSED THIS, UH, EARLIER THIS MONTH AT THE WORK SESSION, AND THE PROPERTY DOES HAVE SUFFICIENT OFF STREET PARKING AND A SITE INSPECTION CONCLUDED THAT THE HOME MEETS THE MENTOR REQUIREMENTS UNDER TOWN CODE 1 7 5 1 51.
IS ANY, ANY QUESTIONS FOR STAFF ON THIS ITEM ON THE AGENDA? NO.
CHAIR WANTED A MOTION SO THAT WE CAN HAVE DISCUSSIONS AMONG OURSELVES.
WE NEED TO OPEN THE PUBLIC HEARING.
IS, IS THE APPLICANT PRESENT? DOES THE APPLICANT MR. DO YOU WISH TO SPEAK? NO.
THE, UH, UH, I, THE, IS THERE ANYONE, THE PUBLIC WHO WOULD LIKE TO SEEING NONE.
MS. POTTER, HAS ANYBODY SIGNED UP AND SOUGHT UP THE LIST? NO.
THE SHAREHOLDERS RETAIN A MOTION, MAD CHAIR, FURTHERANCE OF THE PURPOSES AND OBJECTIVES CONTAINED IN TOWN CODE 1 75 DASH ONE BI MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL FOR SPECIAL USE PERMIT NUMBER 2 5 0 0 2 9 7 FOR SHORT TERM RENTAL AT 14 0 8 OLD WINCHESTER PIKE, IDENTIFIED BY MAC TWO A TWO DASH EIGHT DASH FIVE FOR SHELLY COOK SLASH EQUIPMENT AND REALTY.
A SECOND DISCUSSION YOU DISCUSS MS. MAY YOU CALL THE QUESTION PLEASE.
THE NEXT ITEM IS PUBLIC HEARING NUMBER TWO, UH, WILL BE 2 5 0 0 3 1 7.
A ZONING TEXT AMENDMENT TO THE TOWN CODE 1 75 DASH THREE DEFINITIONS.
I WANT YOU READ YOUR FIND AND OVER.
UH, MR DO YOU WANNA TELL US ABOUT THIS CASE? SO ITEM HAVE NUMBER TWO ON THE PUBLIC HEARING IS 25 0 0 3 1, UH, 2 1 7.
A ZONING TEXT AMENDMENT, THE TOWN CODE 1 75 DASH THREE.
THAT'S UNDER DEFINITIONS, UH, TO REDEFINE THE DEFINITION OF OVERHANG AS IT PERTAINS TO ANY PROJECTION OF THE ROOF, EITHER ROOF BAY WINDOW OR SIMILAR CANTILEVER CONSTRUCTION, WHICH EXTENDS BEYOND THE FOUNDATION OF THE, OF A STRUCTURE.
SO WITHIN THE TOWN ORDINANCE NOW UNDER 1 7 5 3, WE HAVE A DEFINITION OF OVERHANG, WHICH HAS BEEN, UH, STRICKEN THROUGH
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WITH THAT LANGUAGE.AND THE NEW DEFINITION WE ARE PROPOSING IS IN RED.
SO WHAT YOU WOULD BE LOOKING AT IS TO, UH, AMEND THIS PART OF THE DEFINITION, ABOLISHING THE FORMER DEFINITION, AND INCLUDING OR ADDING THE RED LETTER AS THE DEFINITION WHICH STATES THE PART OF A ROOF OR WALL THAT EXTENDS BEYOND THE FACADE OF A LOWER WALL.
NO SUCH CONSTRUCTION SHALL PERMIT PROJECT INTO ANY REQUIRED YARD MORE THAN THREE FEET AND SHALL BE INCLUDED IN THE CALCULATION OF LOCKED COVERAGE.
UH, YOU DISCUSSED THIS AT THE WORK SESSION.
UM, IS THERE ANY QUESTION FOR COUNTY STAFF TO AMEND OR REDEFINE THIS DEFINITION? THANK YOU, MR. NOW THIS, UH, REQUEST THIS
IF THERE'S ANY OPPOSITION OR ANY, UH, ANY QUESTIONS, I'M HAPPY TO SPEAK.
I, I, I MEAN, FROM MY PERCEPTION AND SO PUBLIC CAN HEAR OH, OH, I'M SORRY.
YEAH, I WOULDN'T SPEAK, BUT I'LL SPEAK.
SO IF THERE ARE ANY, I WAS, UH, SHANE MCCARTY, I, I DON'T LIVE IN PENN.
I LIVED IN, UH, ON CHAP ROAD IN CLIFTON, VIRGINIA.
UM, IF THERE ARE ANY QUESTIONS OR IF THERE'S, UH, OPPOSITION, I WOULD LOVE TO, I MEAN, TO ME IT'S ALMOST, UH, FROM TALKING TO OTHERS WITH THE TOWN, I THINK IT'S A, I THINK STRAIGHTFORWARD.
I THINK IT'S A STRAIGHTFORWARD THING.
HOWEVER, THAT'S MY PERCEPTION.
DOES ANYONE HAVE QUESTIONS FOR ME OR, UH, WANT TO KNOW WHY I WANT TO DO THIS? WELL, WE HAD A PRETTY THOROUGH DISCUSSION AT THE, AT THE WORK SESSION, RIGHT? AND WE UNDERSTAND HOW THIS CAN BE BENEFICIAL TO CONSTRUCTION.
BUT IF YOU WANT JUST FOR THE, FOR THE BENEFIT OF THE PUBLIC, IF YOU WANNA JUST MAKE A, A SENTENCE OR TWO EXPLAIN WHY YOU THINK IT'S A GOOD IDEA.
WELL, THE, UH, YOU KNOW, I ACTUALLY, I COULD DO THE MATH AND ALL THAT, BUT BECAUSE EVERYBODY CAN'T SEE WHAT I'M THE EXAMPLE, BUT, BUT, UH, THE TYPICAL, UH, TOWN HOME OR SINGLE FAMILY, UH, RAMBLER THAT MIGHT HAVE A TWO FOOT OVERHANG ON, ON THE REAR, OR IT COULD BE THE FRONT, UH, UH, IN THE CASE OF OUR DEVELOPMENT.
BUT, YOU KNOW, IT, IT, IT WOULDN'T BE YOU, YOU WOULD NOT BE ABLE TO HAVE AN OVERHANG BECAUSE OF, UH, THAT'S, I MEAN, I FEEL LIKE I'M WASTING PEOPLE'S TIME.
BUT, UM, THE, THE CURRENT REQUIREMENT, THE VERTICAL SURFACE AREAS, YEP.
THE PROJECTION SHALL HAVE A VERTICAL SURFACE WHOSE AREA IS MORE THAN 25% OF THE AREA OBTAINED BY MULTIPLYING THE MEAN HEIGHT OF THE STRUCTURE BY THE LENGTH OF THE STRUCTURE ALONG WHICH THE YARD IS VACATED.
AND I MEAN, IN THIS EXAMPLE THAT, THAT I PREPARED, WHICH NOBODY CAN SEE, UH, YOU KNOW, IF, IF THE, THE SECOND STORY WERE NINE FEET HIGH AND 24 FEET WIDE OF TOWN, UM, AND IT EXTENDED IN, IN OUR CASE TWO FEET.
IT DOESN'T MATTER UP TO ANYTHING LESS THAN THREE FEET.
UH, IN, IN THAT CASE, THAT'S AN AREA OF 216 SQUARE FEET.
WELL, UH, THE BUILDING HEIGHT, UH, ALONG THE, UH, THE MEAN, THE MEAN HEIGHT OF THE STRUCTURE IN THIS CASE IS 25.6 FEET TIMES THE LENGTH OF ALONG TIMES THE 24 FOOT WIDTH EQUALS 614 SQUARE FEET.
UH, AND 25% OF 614 SQUARE FEET IS 153 AND A HALF SQUARE FEET.
UH, AND THE VIOLATE THE AREA THAT I CALCULATED JUST A MINUTE AGO WAS 216 FEET.
SO THAT'S, THAT'S, THAT'S IN EXCESS OF 153 SQUARE FEET.
MEANING YOU COULD NOT BUILD THIS TYPICAL TWO FOOT OVERHANG ON A, ON A TYPICAL DWELLING.
BUT AGAIN, I FEEL LIKE I'M WASTING PEOPLE'S TIME.
BUT, UH, AND SO WHY, WHY NOT JUST COMPLY AND, AND WE COULD COMPLY? SO YOU DON'T HAVE ANY OVERHANG, YOU, IT JUST, IT'S A STRAIGHT BOX.
IT'S, IT'S LESS, UH, AESTHETICALLY PLEASING TO HAVE EVERYTHING LIKE A SHOEBOX MAYBE.
UM, AND IT ALSO ACTUALLY ADDS COST TO, 'CAUSE YOU'RE ESSENTIALLY GETTING, IN THIS CASE, 216 SQUARE FEET.
YOU DIDN'T HAVE TO PAY FOR A FOOTING OR ANYTHING FOR THAT.
'CAUSE IT'S, UH, IT'S, IT'S AN EXTRA SQUARE FOOTAGE THAT IS A LITTLE BIT CHEAPER THAN THE OTHER SQUARE FOOTAGE IN THE HOME, WHICH IS ON A FOUNDATION.
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THINK I'M GETTING INTO THE WEEDS, BUT IF ANYONE HAS QUESTIONS, I'M HAPPY TO DISCUSS IT.I APPRECIATE YOU EXPLAINING IN CASE YEAH, PUBLIC HAS, HAS ANY.
BUT AS, AS I THINK IT WAS SHAKESPEARE SAID, BREVITY IS THE SOLE OF WI WELL.
AND, UH, JUST DEFINING, I THINK DEFINING OVERHEAD.
SEE IT IN ABOUT THREE MINUTES.
SO I, I'LL SIT DOWN, BUT, UH, HAPPY TO CLARIFY IF ANYBODY GOT ANYTHING.
AND THE DEFINITION CERTAINLY IS MORE SIMPLE AND MORE TO THE POINT AND MORE READILY UNDERSTOOD BY PEOPLE WITHOUT A PATTERN CALCULATOR, THE POINT OF THE POINT OF SIMPLICITY.
UM, UH, I WILL, HAVING HEARD, SO I WOULD LIKE TO AT THIS POINT, TO UM, CLOSE THE PUBLIC HEARING, YOU, YOU NEED TO OPEN THE PUBLIC HEARING.
FIRST THING YOU DO THE PUBLIC HEARING, YOU'RE RIGHT, THIS NOT A PUBLIC HEARING.
THIS IS THE APPLICANT SPEAKING.
IS THERE ANYBODY WHO WISHES TO SPEAK? I CLOSE THE PUBLIC HEARING AND NOW I A MOTION MADAM CHAIR WITH THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO TOWN COUNCIL FOR TEXT AMENDMENT NUMBER 2 5 0 0 3 1 7 TO REVISE THE DEFINITION OF OVERHANG CONTAINED IN SECTION 1 7 5 DASH THREE OF TOWN CODE SECOND AND SECOND, PLEASE CALL THE ROLL CHAIRMAN MARNER.
WE'LL FORWARD THIS TO THE COUNCIL.
NOW WE MOVE ON TO PUBLIC HEARING NUMBER THREE.
UM, FOR THE PUBLIC NECESSITY, CONVENIENCE AND GENERAL WELFARE AND GOOD ZONING PRACTICE.
UH, ZONING TEXT, AMENDMENT TO TOWN CODE, UH, PERTAINING TO DEFINITIONS.
UH, MR CAN YOU FILL US IN? ITEM 25 0 0 3 1 9.
UH, THAT IS FOR AN AMENDMENT, A ZONING TEXT AMENDMENT COUNT CODE 1 75 DASH THREE, UH, TO AMEND THE RESIDENT AND TO AMEND THE RESIDENTIAL DISTRICT IN WHICH IT WOULD PERMITTED BY RIGHT TO ESTABLISH PERFORMANCE STANDARDS WITH SUPPLEMENTARY PROVISIONS OF COUNTY CODE FOR AN AUXILIARY DWELLING UNIT.
UH, BASICALLY WHEN WE WERE, UH, LOOKING AT THE COMPREHENSIVE PLAN AND THE NEED FOR HOUSING THROUGHOUT THE TOWN AND BASED ON THE CONSULTANTS AND, UH, FEEDBACK FROM THE COMMUNITY, UH, THEY DEEMED IT, UH, PROBABLY WAS NECESSARY THAT WE LOOK INTO THIS AUXILIARY DWELLING UNITS TO BE, BE PERMITTED BY WRIGHT IN RESIDENTIAL DISTRICTS.
UH, SO DWAYNE, IF YOU COULD ADVANCE THE SLIDE PLEASE.
SO THIS IS A VERY DETAILED PART OF THE, PART OF THE AMENDMENT TO THE CODE.
SO FIRST WE HAVE TO DEFINE, UH, ONE IN 1 75 3, THE DEFINITION OF AUXILIARY DWELLING UNIT.
UH, THAT'S PART OF THE CODE THERE.
UH, AND I'LL READ THAT SINCE I BELIEVE THAT'S TOO SMALL ON THE, UH, SCREEN FOR PEOPLE TO REALIZE.
LET'S GET TO THE DEFINITION OF THAT.
SO AN AUXILIARY DWELLING UNIT FOR AN A DU, ALSO KNOWN AS IN-LAW UNITS, BACKYARD COTTAGES OR GRANNY FLAT, IS A SECONDARY SELF-CONTAINED RESIDENTIAL UNIT LOCATED ON THE SAME LOT AS THE PRIMARY SINGLE FAMILY.
SO THESE WERE ON BE PERMITTED ON SINGLE FAMILY DETACHED STRUCTURES.
IT INCLUDES INDEPENDENT LIVING FACILITIES SUCH AS A KITCHEN, BATHROOM, SLEEPING AREA, AND A SEPARATE ENTRANCE.
NOW WHEN WE HAVE TO, UH, PROPOSE THIS NEW DEFINITION OR OBSERVE A DWELLING UNIT, WE HAVE TO CHANGE PART OF THE OTHER DEFINITIONS UNDER A PRIVATE GARAGE, UH, A PUBLIC GARAGE.
ALSO, IT AFFECTS THE DEFINITION OF LOT WHERE WE WOULD INCLUDE THAT THERE, IT WOULD AFFECT LOT COVERAGE, WHICH IS IN RED.
THERE WE CHANGED AND ADD AUXILIARY OR TO THAT PART OF THE LANGUAGE.
AND IT ALSO WOULD HAVE TO BE ADDED TO THE PERMITTED OR PRINCIPAL PERMITTED USE.
SO WE CHANGE ONE PART OF THE CODE, IT AFFECTS OTHER PARTS OF THE CODE.
SO WE HAVE TO INCLUDE THOSE IN THOSE PART OF THE DEAF MISSIONS ALSO.
UH, SO HOW THIS IS THIS GONNA AFFECT THE RESIDENTIAL DISTRICTS? NEXT SLIDE PLEASE.
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UH, THE STATEMENT OF, OF INTENT UNDER R ONE AND UNDER TOWN CODE 1 7 5 11.YOU'RE GOING TO ADD THAT UNDER THE STATEMENT OF INTENT ON THAT PART.
AND ALSO ADD THAT UNDER 1 75 12 A UNDER RESIDENTIAL.
SO UNDER THAT SECTION OR R ONE DISTRICT, YOU ONLY ALLOW THE TOWN CODE ONLY ALLOWS SINGLE FAMILY D CASH STRUCTURES.
THEN WE WOULD BE ADDING THE A DU TO THAT NEXT SLIDE.
SO THAT'S HOW THAT AFFECT R ONE.
WE WOULD ALSO ADD THAT TO 1 75 18 2.
THAT'S FOR THE R ONE A DISTRICT.
SO WE'RE ONLY INCLUDING WHAT IS OUTLINED IN RED THERE.
SO WE'LL BE ADDING AUXILIARY DWELLING UNITS THERE IN THE R ONE A.
WE'LL BE ADDING THAT BY, RIGHT, THESE ARE BY RIGHT NOW IN THE R TWO UNDER 1 75 20, AND ALSO UNDER THE PERMITTED BY RIGHT IN THE 1 75 29 FOR R THREE.
THE OTHER PART OF THE RESIDENTIAL DISTRICT THAT IT WOULD APPLY TO IS IN THE PNV THAT'S UNDER 1 75, 37 3.
SO WE WOULD ADD THAT AS NUMBER FIVE, AUXILIARY DWELLING UNIT AUS AS NUMBER FIVE.
AND WE'LL PUT THAT IN LINEUP WITH THE OTHER TYPE OF RESIDENTIAL USES.
SO THAT AFFECTS THE OTHER ITEMS THAT ARE ALREADY THERE.
AND WE WOULD RENU THOSE SIX THROUGH 17, THOSE THAT ARE HIGHLIGHTED IN RED.
SO THAT'S WHY THERE'LL BE CHANGES TO THE P AND D, UH, WITH THAT NEXT SLIDE PLEASE.
SO THEN WE WOULD HAVE TO MAKE PERFORMANCE STANDARDS AND DEFINE IT IN 1 75.
THAT WOULD BE ADDED TO TOWN CODE THAT, UH, PRIMARILY, I KNOW WE DISCUSSED THIS AT THE WORK SESSION, BUT FOR THE SAKE OF PEOPLE THAT MAY HAVE NOT, UH, ATTENDED THE WORK SESSION OR READ THE PACKET, I'LL DO SOME HIGHLIGHTS FOR US.
THE A DU ORDINANCES PERMITS ONLY ONE AUXILIARY DWELLING UNIT IN THE SELECTED, UH, ZONING DISTRICTS.
R ONE ONE, R ONE A, R TWO, R THREE, AND THE P AND D, UH, THEY HAVE TO BE LOCATED ON THE SAME LOT AS A SINGLE FAMILY DETACHED.
SO YOU COULD HAVE A DUPLEX IN THE R TWO THAT WOULD NOT QUALIFY.
IT HAS TO BE A SINGLE FAMILY DETACH STRUCTURE.
UH, THE PRIMARY HOUSING UNIT HAS TO BE OWNER OCCUPIED.
THEN THERE'S A WAY TO CALCULATE THAT UNDER C AND THE FLOOR AREA.
SO YOU CAN HAVE A DU IN THE MAIN DWELLING.
SO IF YOU HAVE, FOR EXAMPLE, AN IN-LAW SUITE, IF YOU WANT TO CALL THAT, OR AN ELDERLY PARENT WANTING TO LIVE WITH THE HOUSE, YOU CAN ADD A ROOM OR CONVERTING ROOM IN THERE WITH INDEPENDENT LIVING FACILITIES IN THAT, AS LONG AS IT DOES NOT EXCEED 33% OF THE FLOOR AREA, THE MAIN DWELLING WERE 500 SQUARE FEET.
SO THEY COULD ADD A DWELLING UNIT INTO A SINGLE FAMILY DETACHED STRUCTURE.
UH, THE SECOND PART, UH, WITH THAT, IF WE COULD, UH, UNDER D UH, PART, YOU COULD ADVANCE THAT, UH, FOR ME, DWAYNE.
UH, NOW IT'S DETACHED, MEANING ANOTHER STRUCTURE ON THE SAME LOT.
THE A DU CANNOT EXCEED A THOUSAND SQUARE FEET OR 80% OF THE GROSS FLOOR AREA OF THE PRINCIPAL DWELLING, WHICHEVER IS LESS.
SO THE MAXIMUM SIZE OF THAT, A DU THAT WOULD BE IN THE BACKYARD, FOR EXAMPLE, COULD NOT EXCEED A THOUSAND SQUARE FEET.
UH, IT WOULD STILL HAVE TO MEET ALL THE, UH, DISTRICT REQUIREMENTS FOR SETBACK, LOCK COVERAGES AND HEIGHTS WITH THAT.
UM, AND IT HAS TO MEET THE, UH, SHALL NOT EXCEED THE MAXIMUM LOT, UH, SQUARE FOOTAGE ALLOWED BASED ON PERCENTAGE OF LOCK COVERAGE.
SO BASICALLY WHAT THIS IS DOING, IT ALLOWS A A DU TO BE ON A, ON THE LOT IS A SEPARATE BUILDING RESIDENTIAL USE, BUT ONLY ON A SINGLE FAMILY DETACH STRUCTURE.
OR THEY CAN CONVERT, CONVERT A ROOM IN THEIR HOUSE, UH, POTENTIALLY LIKE THE BASEMENT, A WALKOUT BASEMENT FOR SOMEONE ELSE TO LIVE THERE.
BUT IT HAS TO BE OWNER OCCUPIED.
SO THE PRIMARY HOUSE HAS TO BE OWNER OCCUPIED.
UH, THEN WE WOULD ADD, UM, BECAUSE OF THAT IT WOULD AFFECT 1 75 1 1 4.
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RESERVED.SO NOW WE WOULD MOVE THOSE NUMBERS TO 1 7 5 1 1 7 TO 1 7 5 1 22 IS RESERVED FOR FUTURE CODE AMENDMENTS.
THAT'S WHY THAT'S LISTED THERE.
I KNOW THERE WERE, WE DID A PRESENTATION WITH THE SLIDE WITH THE POWERPOINTS IN YOUR PACKET.
WE DISCUSSED THIS IN GREAT DETAIL.
WE WORKED ON THIS FOR SEVERAL MONTHS.
UM, AND I JUST DID THE HIGHLIGHTS PART OF THIS.
IS THERE ANY QUESTIONS FOR TOWN STAFF FOR THIS? ANY QUESTIONS? THIS EXHAUST DATE, SIR.
THERE'S NO APPLICANT PER SE FOR THIS.
UH, SO, UH, THE FILE PUBLIC HEARING AND I WILL CLOSE THE PUBLIC HEARING.
SIGNED UP, NOT SO THE PUBLIC HEARING.
RETAIN A MOTION, MADAM CHAIR FOR THE PUBLIC NECESSITY.
CONVENIENCE, GENERAL WELFARE, GENERAL WELFARE OR GOOD ZONING PRACTICE.
I MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL TO APPROVE A TEXT AMENDMENT TO ADD THE DEFINITION OF AUXILIARY DWELLING UNIT OR A DU AND REVISE THE DEFINITIONS OF ACCESSORY BUILDING, ACCESSORY STRUCTURE, ACCESSORY USE, GARAGE, PRIVATE GARAGE PUBLIC LOT, LOT COVERAGE AND PRINCIPLE PERMITTED USE CONTAINED 1 75 DASH THREE AMEND 1 75 DASH 11, THE STATEMENT OF INTENT R ONE TO INCLUDE ADUS AND THEN 1 75 DASH 12 1 75 DASH 18.2175 DASH 21 7 5 DASH 29, AND 1 75 DASH 37.3 TO ADD ADUS AS A BY USE AND ADD SECTION 1 75 DASH ONE 15 AS PERFORMANCE STANDARDS FOR A SECOND, SECOND DISCUSSION.
YES, I JUST, I JUST WANTED TO SAY THAT, UM, I THINK THAT THE PLAN COMMISSION DID A REALLY GOOD JOB OF ALL OF THE DISCUSSIONS THAT WERE HAD AROUND THIS.
AND I ESPECIALLY WANT TO COMMEND COMMISSIONER NEIL FOR ALL THE WORK THAT HE DID.
YES, HONOR BE WITH US TODAY BECAUSE OF LONGSTANDING VACATION PLANS.
BUT, AND I ALSO WANNA COMMENT THAT, UM, THIS ISN'T, THIS MAY STRIKE SOME PEOPLE.
IT'S A NEW IDEA, BUT THE REPUBLIC NECESSITY OF HIGH PRICED HOUSING, INABILITY OF YOUNG PEOPLE AND OLD PEOPLE TO FIND HOUSING, UH, CONVENIENCE OF ALL GENERAL WELFARE, INCLUDING A, NOT ONLY IS A GOOD ZONE PRACTICE, BUT GOOD SOCIAL POLICY TO ENCOURAGE MULTI-GENERATIONAL FAMILIES.
UH, UP UNTIL THE LAST TWO GENERATIONS, MOST PEOPLE LIVED IN MULTI-GENERATIONAL FAMILIES.
AND IT IS A TREND THAT IS, UH, RETURNING AND IT'S A VERY ARY TREND IN, IN THE COUNTRY.
SO I'M VERY ENTHUSIASTIC ABOUT THIS AND, UM, I ALSO WANT WORKED ON THIS, GET THIS INTO SHAPE.
SO EVERYBODY TO VOTE IN THIS CALL THE WILL.
THE MOTION PASSES AND GOES TO THE TOWN COUNCIL HEARING NUMBER FOUR AND A SPECIAL USE PERMIT TO ALLOW A LODGING HOUSE, UH, SUBMITTED BY LIFE REPAIR CENTER FRONT ROW, UH, LOCATED 4 37 SOUTH ROW.
UH, MR. WARE, CAN YOU FILL US IN PLEASE? SO, ITEM NUMBER FOUR, AN AGENDA 20, UH, PERMIT NUMBER 25 0 0 3 3 6 AS A SPECIAL USE PERMIT TO ALLOW A LODGING HOUSE AS DEFINED IN COUNTER CODE 1 75 3 SUBMITTED BY LIFE REPAIR CENTER FRONT ROYAL ON BEHALF OF WP ROYAL AVENUE, LLC.
IT'S LOCATED AT 4 37 SOUTH ROYAL AVENUE, IDENTIFIED TAX MAP 28 7 DASH THREE LOT 10.
UH, THE PROPERTY IS ZONE C ONE COMMUNITY BUSINESS DISTRICT, AND IT IS LOCATED IN THE ENTRANCE CORRIDOR.
UH, SO THE DEFINITION OF A LODGING HOUSE PER COUNTY CODE, THAT'S A RESIDENTIAL BUILDING OTHER THAN A HOTEL, MOTEL OR BED AND BREAKFAST HOME WHERE LODGING IS PROVIDED FOR COMPENSATION ON A REGULAR BASIS PURSUANT TO PREVIOUS ARRANGEMENTS, BUT WHICH IS NOT OPEN TO THE PUBLIC.
FOR TRANSIENT GUESTS, MEALS MAY BE PROVIDED TO THE RESIDENTS IN A CENTRAL LOCATION.
HOWEVER, NO PROVISION SHALL BE MADE FOR COOKING AND INDIVIDUAL ROOMS OR UNITS.
[00:30:01]
MAXIMUM NUMBER OF ROOMS OR UNITS SHALL BE CONTROLLED BY THE AREA REQUIREMENTS OF THE DISTRICT IN WHICH THE USE IS LOCATED, BUT IN NO CASE, SO THE TOTAL NUMBER OF LODGING ROOMS OR UNITS EXCEED 10, A LOING HOUSE SHALL OFTEN ALSO BE KNOWN AS A ROOMING HOUSE OR A BOARDING HOUSE.UH, THERE'S THE AERIAL VIEW OF, UH, THE LOCATION THERE AT 4 37.
THAT'S, UH, THERE AT THE, UH, TRAFFIC LIGHT, THE SOUTH STREET.
IF YOU REMEMBER, UH, RECENTLY, UH, THE PLANNING COMMISSION AND TOWN COUNCIL DID APPROVE A LODGING HOUSE THERE AT 5 0 1.
SO THIS IS JUST RIGHT ACROSS, UH, THE PARKING LOT FROM THE ONE THAT WAS PERMITTED ORIGINALLY.
THERE'S LOCATED, IT IS IN THE C ONE, UH, DISTRICT, THE BUSINESS DISTRICT.
UH, IF YOU REMEMBER THAT, THAT'S THE FORMER OR THE SAM SNEAD
DWAYNE, UH, THE REAR VIEW OF THE PARKING AREA.
WE TOOK A COUPLE PHOTOGRAPHS OF THE, UH, PAVEMENT THERE IN THE BACK.
DO WE HAVE ONE OTHER ONE? UH, THERE, THE, UH, PLA THAT'S INCLUDED, UH, WITH THE SPECIAL USE PERMIT.
UH, THEY DID HAVE OUTLINE OF PARKING THERE.
THE PARKING, UH, SPACES HAVE NOT BEEN, UH, PAINTED OR STRIPED FOR THAT.
THAT'S PROPOSED PARKING, UH, FOR THAT LOT.
UM, THIS DOES REQUIRE A SPECIAL USE PERMIT, UH, AS OUTLINED IN COUNTY CODE 1 75, 39 B.
SO THIS IS NOT BY, RIGHT, THIS REQUIRES A SPECIAL USE PERMIT, JUST LIKE ANY SPECIAL USE PERMIT.
THE PLANNING COMMISSION CAN PLACE CONDITIONS ON THOSE, WHICH WE DISCUSSED EARLIER WITH SPECIAL USE PERMITS.
UH, ANY QUESTIONS, UH, FOR COUNTY STAFF ON THIS ONE? THANK YOU VERY MUCH.
THE, UH, SEVERAL MEMBERS OF THE, UH, APPLICANT HAVE, UH, SIGNED UP TO SPEAK.
SO AT THIS MORNING, I WILL, UH, THE, A PARTICULAR APPLICANT WHEN THE PEOPLE SIGNED UP, WHOEVER THAT IS, SHOULD BE THE FIRST ONE TO SPEAK.
I'VE GOT THREE NAMES HERE AND I DON'T HAVE TITLES, SO, SO YOU'LL BE THE APPLICANT, SO, WE'LL, THEY DO GO UP AND SPEAK AT THE APPLICANTS AND THEN GO OPEN THE POLICE.
EVERYBODY ELSE TO, HI STACY, OWNER OF THE CO CARE CENTER.
SO WE'RE TAKING A SPECIAL USE PERMIT, UH, FOR THE LODGING HOUSE TO USE AS A SHELTER FOR WOMEN AND CHILDREN IN THE COMMUNITY TO DECREASE THE OVERALL, UH, DEMAND FOR, UH, HOUSING IN THE COMMUNITY.
AS WE'RE AWARE THAT THERE IS A NEED, UH, AN INCREASE IN HOMELESSNESS, ESPECIALLY FOR WOMEN AND CHILDREN.
UH, WE ALSO ARE AWARE THAT THERE'S A NEED FOR SENIORS, VETERANS, AND THAT IS ON OUR
CERTAINLY LOOKING AT THAT, UM, WE'RE AWARE THAT WHEN WOMEN AND CHILDREN DON'T HAVE HOUSING, THERE'S AN INCREASE IN SUBSTANCE USE DISORDER, CHRONIC, UH, SCHOOL ABSENCE, UH, INCREASED HIGH RISK BEHAVIORS OVERALL, WE'RE LOOKING TO REDUCE THAT AS WELL AS CRIME IN THE COMMUNITY THAT WHEN INDIVIDUALS DON'T HAVE HOUSING, THEY ACT OUT IN DESPERATE WAYS.
UM, AND SO WE ARE LOOKING TO USE THIS, UM, AS A 14, 16 WEEK SHELTER FOR THESE INDIVIDUALS, UH, AND TO PROVIDE WRAPAROUND SERVICES.
SO MANY OF MY STAFF ARE HERE TODAY, UM, AND EACH ONE OF THEM PROVIDE DIFFERENT SKILLS THAT THEY WOULD PROVIDE TO THESE INDIVIDUALS, INCLUDING JOB SEARCH, SUBSTANCE USE, COUNSELING, PARENTING RESOURCES.
UM, AND SO THESE WOULD BE AVAILABLE TO ANYONE WHO'S IN THIS FACILITY, UM, AS WELL AS STABLE HOUSING.
DO YOU HAVE ANY QUESTIONS? ANY QUESTIONS? I, I HAD ONE.
YOU WERE THE ONE PERSON WHO DIDN'T SIGN UP, SO CAN YOU PLEASE ADD? THANK YOU.
SHE SPOKEN AS A HEARING AND ASKED, UH, TO COME UP.
UH, HI, MY NAME IS ELENA BOYLE.
UM, I'M THE PROGRAM DIRECTOR AT LIFE CARE CENTER AS WELL AS ONE OF OUR THERAPISTS ON STAFF.
SHOULD I REPEAT ALL THAT OR NO?
[00:35:01]
OKAY.UM, I DON'T WANNA BELABOR YOU ALL WITH, UH, TOO MUCH INFORMATION BECAUSE I THINK WHAT WE WANT TO DO IS VERY STRAIGHTFORWARD AND WE ALL REALLY, REALLY CARE A LOT ABOUT IT.
BUT I DO WANT TO SHARE THAT EARLIER THIS YEAR, UM, IN AN EFFORT TO CONNECT WITH THE COMMUNITY, WE PROVIDED A COMMUNITY MEAL IN THE SPRING.
AND, UH, DUE TO TRANSPORTATION ISSUES, THERE WERE A LOT OF PEOPLE THAT COULD NOT COME.
SO WE ENDED UP GOING OUT INTO THE COMMUNITY AND DELIVERING THESE MEALS TO PEOPLE IN MOTELS AND IN THE PARK AND ALL OVER THE PLACE.
I ENCOUNTERED THREE DIFFERENT WOMEN THAT HAD LIKE, ACTIVE BRUISES AND SCARS AND SCRAPES AND STUFF ON 'EM, UM, THAT WERE JUST TELLING US, SHARING DIFFERENT EXPERIENCES THAT THEY'VE HAD AND HOW THEY HAVE NOWHERE TO GO.
SO, UM, PART OF THIS IS JUST WANTING TO BE ABLE TO PROVIDE A SPACE THAT IS SAFE WHERE PEOPLE CAN HEAL AND RECOVER AND GET BACK ON THEIR FEET.
SO I THINK THAT'S THE PRIMARY DRIVER FOR WHAT WE WANT TO DO.
AND WE HAVE LOTS OF OTHER THINGS THAT WE WANT TO HELP THE COMMUNITY WITH, BUT STARTING HERE IS, UM, IMPORTANT.
'CAUSE WHEN PEOPLE ARE HURTING, THEY CAN'T THRIVE AND OUR COMMUNITY CAN'T THRIVE WITH ATTORNEY.
MY NAME IS SARAH HOBACK AND I'M GONNA BE DOING, UH, SUBSTANCE ABUSE COUNSELING WITH THE LIFE REPAIR CENTER.
AND I'M JUST GONNA TALK A LITTLE BIT ABOUT THE HOMELESSNESS, UH, THE STATISTICS AND WARREN COUNTY.
JUST REAL QUICK, UM, THE POINT IN TIME SNAPSHOT IN THE WINTER FOUND THERE WAS 44 HOMELESS HOUSEHOLDS RECORDED, AND OF COURSE, A LOT OF THIS IS PROBABLY AN UNDER COUNT AND JUST WHAT WAS ABLE TO BE VISUALLY SEEN? UM, WE FOUND SEVEN CHILDREN, SIX YOUNG ADULTS, SEVEN INDIVIDUALS WITH MENTAL ILLNESS, AND 15 VETERANS.
UM, AND AS WE ALL KNOW, A LOT OF, WITH THE COST OF LIVING AND THE COST OF HOUSING, UM, A LOT OF FOLKS ARE DOUBLED UP, UM, LIVING IN SITUATIONS THAT ARE UNSAFE.
UM, WE ENCOUNTER A LOT OF WOMEN THAT ARE UNFORTUNATELY LIVING IN DOMESTIC VIOLENCE SITUATIONS THAT THEY'D LIKE TO GET OUT OF IF THERE WAS SOMEWHERE TO GO.
UM, JUST AS WE WERE HEADING TO THE MEETING TODAY, THERE WAS SOMEONE WANDERING THROUGH OUR PARKING LOT ASKING IF WE HAD A, YOU KNOW, IT WAS A SENIOR CITIZEN.
DO WE HAVE ANYWHERE TO HELP THEM WITH ANYWHERE FOR THEM TO GO? SO THIS IS SOMETHING WE SEE AROUND THE PRACTICE ON A DAILY BASIS.
AND THIS WAS JUST A BUNCH OF PEOPLE COMING TOGETHER, PEER SUPPORT SPECIALISTS, SUBSTANCE ABUSE COUNSELORS, THERAPISTS, UM, WE HAVE ALL DIFFERENT BACKGROUNDS AND WE'RE ALL GONNA BE RIGHT THERE IN THAT BUILDING JUST TO PROVIDE SUPPORT AND HELP.
UM, SO WE'RE REALLY, WE WERE REALLY EXCITED ABOUT JUST BEING ABLE TO, TO MAKE A SMALL DENT IN THIS.
'CAUSE EVEN GETTING JUST ONE PERSON OFF THE STREET, ONE LIFE, UM, IT, IT COUNTS.
UH, SO ANOTHER JUST QUICK STATISTIC.
UH, HOUSE PRICES INCREASED 51% IN THE REGION.
YOU WOULD KNOW RENT IS RISING FASTER THAN WAGES.
SO IT'S NOT JUST HOMELESSNESS, IT'S PEOPLE THAT DON'T, YOU KNOW, THE AFFORDABLE HOUSING PRICES, PUSHING THEM ON THE STREETS.
UM, SO YEAH, IF THERE ARE ANY QUESTIONS, THAT'S MY PRESENTATION.
WE HAD DONE A RECESSION, ALSO CAME UP WITH THAT DATA WHEN WE WERE WORKING ON THIS AND SESSION, SO I APPRECIATE YOU BRINGING THE STATISTICS FORWARD.
I LIVE AT 5 0 1 SOUTH ROYAL AVENUE, ACTUALLY.
UM, AND I'M ACTUALLY THE PROGRAM A, UH, PROGRAM MANAGER OF THE HOUSE OF HOPE, THE MEN TOTAL SHELTER HERE IN TOWN.
AND I JUST WANNA SPEAK ON, YOU KNOW, THE FACT THAT I GET VERY, VERY MANY WOMEN IN SITUATIONS THAT, YOU KNOW, EITHER THEY HAVE CHILDREN AND THEY DON'T HAVE ANYWHERE TO GO OR LIKE WAS SAID BEFORE, YOU KNOW, DOMESTIC VIOLENCE SITUATIONS WHERE THEY HAVE NOWHERE TO GO AND USUALLY I HAVE TO REFER 'EM TO THE WINCHESTER RESCUE MISSION, WHICH, YOU KNOW, IS OUT OF, YOU KNOW, IF THEY HAVE A JOB IN THE AREA, THEY HAVE TO TRY TO MOVE THAT OR GET A DIFFERENT JOB.
SO IT'S DEFINITELY SOMETHING THAT WOULD BE BENEFICIAL FOR OUR AREA TO HAVE SOMETHING FOR WOMEN AND CHILDREN.
UH, ANYBODY ELSE WISH TO SPEAK IN PUBLIC HEARING, HEARING? CLOSE THE PUBLIC HEARING.
AND WOULD SOMEONE LIKE MOTION, MADAM CHAIR FURTHERANCE OF THE PURPOSES AND OBJECTIVES CONTAINING TOWN CODE 1 75 DASH ONE BI MOVE THAT THE PLANNING COMMISSION FOR RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL FOR SPECIAL USE PERMIT NUMBER 2 5 0 0 3 3 6 TO ALLOW WATCHING HOUSE AT 4 3 7 SOUTH ROYAL AVENUE.
SECOND, MY SECOND MOTION IS THERE.
[00:40:01]
I THINK WE'VE, WE'RE ALL HAPPY WITH THIS.THE AGREEMENT THAT MS. TYLER, PLEASE CALL THE ROLL CHAIRMAN NER? YES.
THE RECOMMENDATION WILL BE SENT TO THE COUNCIL AND NOW WE'LL MOVE ON THE PUBLIC HEARING NUMBER FIVE, WHICH IS A SPECIAL PERMIT APPLICATION TO ALLOW A SHORT TERM LEVEL SUBMITTED BY VAN AT ONE OH THE HILL.
MR. WARE, CAN YOU TELL US ABOUT THIS CASE? UH, PUBLIC HEARING ITEM, UH, NUMBER FIVE, UH, THAT'S PERMIT NUMBER 2 5 0 0 3 3 7 STUFF.
USE PERMIT FOR SHORT TERM RENTAL, UH, LOCATED AT 1 0 1, THE HILL IDENTIFIED TAX MAP, 20 A EIGHT SECTION 22 LOT NINE A.
UH, THE PROPERTY IS ZONED R ONE RESIDENTIAL DISTRICT.
THERE'S THE AERIAL VIEW THERE.
UH, SOMEWHAT A LITTLE CONFUSING FOR SOME PEOPLE.
IT DOES SPACE ON EAST STONEWALL, UH, DRIVE, BUT IT DOES HAVE A 1 0 1 THAT HILL ADDRESS.
SO, UH, THAT'S THE CORRECT LOCATION OF THE, UH, SHORT TERM RENTAL.
UH, THERE'S A REAR, REAR VIEW OF THE ELEVATION OF THE DRIVEWAY OFF EAST STONEWALL.
WE TOOK A COUPLE PHOTOGRAPHS, ANOTHER PHOTOGRAPH OF IT THERE, KIND OF OBSCURE BY THE FENCE.
THERE'S A SIDE OF THE HOUSE, UH, FROM THE REAR.
ANOTHER VIEW OF THE HOME AND A SURVEYED FLAG OF IT, UH, INCLUDED.
IT IS FOR A WHOLE HOUSE RENTAL, UH, FOR TWO BEDROOMS, A MAXIMUM OF FOUR PEOPLE.
INCLUDED IN YOUR PACKET FOR REVIEW IS THE STAFF REPORT, UH, THE SHORT TERM RENTAL, UH, APPLICATION, AND OTHER SUPPORTING DOCUMENTATION.
UH, THE PROPERTY DOES HAVE SUFFICIENT OFF STREET PARKING AND THE SITE INSPECTION CONCLUDED THAT THE HOME MEETS THE MINIMUM REQUIREMENTS UNDER TOWN CODE 1 7 5 1 51.
WE DISCUSSED THIS AT A WORK SESSION A COUPLE WEEKS AGO.
IS THERE ANY QUESTIONS FOR TOWN STAFF? AGAIN, THIS IS A SPECIAL USE PERMIT.
MS. ANYTHING? UM, I THINK WE WERE TALKING ABOUT THE, BECAUSE IT'S IN, IN THIS STRANGE LOCATION AS FAR AS THE ADDRESS WAS, BUT I SEE THAT YOU UPDATED, THE POLICE DEPARTMENT SAYS THAT THEIR ADDRESS IS CLEAR AND IT'S EASILY IDENTIFIED.
YES, WE DID, UH, CHECK WITH THE POLICE DEPARTMENT.
UH, THEY, THEY'RE ABLE TO RESPOND TO THAT LOCATION EVEN THOUGH IT DOES FACE EAST.
IT IS OFF ACCESS IS OFF EAST STONEWALL DRIVE WITH THE ADDRESS 1 0 1 THE HILL.
AND THE APPLICANT'S HERE TO, UH, ANSWER QUESTIONS IF YOU HAVE ANY.
MR. WOULD THE APPLICANT LIKE TO SPEAK? UH, I CAN.
AND, UM, YEAH, I, I'M ALSO HAPPY TO HAVE A, A CHANGE OF ADDRESS, UM, FOR THIS BECAUSE I THINK THAT WOULD MAYBE MAKE IT EVEN EASIER FOR EVERYBODY SINCE IT IS KIND OF CONFUSING.
WELL, WE, WE, WE CONSIDER THAT IT'S NOT NECESSARY BECAUSE THE ONLY REASON TO DO THAT WOULD BE IF THE POLICE COULDN'T FIND YOU OR THE FIRE DEPARTMENT, COULDN'T YOU? BUT THEY CAN FIND YOU PHONE.
NO NEED TO UNDERTAKE THAT BURDEN.
I'M HAPPY TO ANSWER ANY QUESTIONS THAT THERE ARE ANY, NO.
SO YOU'LL, YOU'LL BE RENTING THIS OUT IN HERE, CORRECT? YES, MA'AM.
UM, THE APPLICANT HAS SPOKEN PUBLIC HEARING YOU SEE NONE ILOS THE PUBLIC HEARING AND ASK FOR A MOTION.
MADAM CHAIR, FURTHERANCE OF THE PURPOSES AND OBJECTIVES CONTAINED IN TOWN CODE 1 75 DASH ONE I THE PLAINTIFF COMMISSION FORWARD A RECOMMENDATION OF APPROVAL FOR SPECIAL USE PERMIT NUMBER 2 5 0 0 3 3 7 FOR A SHORT, SHORT TERM RENTAL AT 1 0 1 THAT HELD IDENTIFIED BY TAX MAP TWO ZERO A EIGHT DASH 22 DASH NINE A FORAND.
IS THERE A SECOND? I SECOND MOTION.
IS THERE A DISCUSSION? NOPE, WE'VE DISCUSSED THIS ALREADY.
MS. POTTER CALLED THE ROLE PLACE CHAIRMAN MARNER? YES.
UH, THE MOTION PASSES, WE'LL RECOMMEND APPROVAL BY TOWN COUNCIL.
[00:45:01]
NEXT ITEM ON THE AGENDA IS 2 5 0 0 3 4.UM, FOR A VOTING TEXT AMENDMENT, EXCUSE ME.
UH, REGARDING AND SHORT TERM AROUND PERFORMANCE STANDARDS, MR. SO ITEM NUMBER SIX OF THE PUBLIC HEARING FOR MIKE'S AGENDA IS APPLICATION 25 0 0 3 4 7.
UH, THAT'S A ZONING TAX AMENDMENT COUNT CODE 1 7 5 1 51 FOR SHORT TERM RENTAL PERFORMANCE STANDARDS, UH, TO ADDRESS MODIFICATION PERTAINING TO FEES, PARKING, UH, THE STATEWIDE BUILDING CODE REGULATIONS AND THE RETITLE RECODE FILE 1 7 5 1 51.
SO WE WOULD LIKE TO MOVE THAT FROM 1 51 TO 1 7 5 1 1 4.
AND WE'D LIKE TO UPDATE THE LOCATION OF PERFORMANCE STANDARDS FOR TOBACCO SMOKE AND FOR VAPE SHOPS.
UH, MOVED THAT FROM 1 75 1 52 AND BRING THAT IN TO 1 75 TO 1 1 6.
SO, UH, WE'D LIKE TO CHANGE THAT FROM ONE, LIKE I SAID, FROM 1 7 5 1 51 TO ONE 14.
UH, AND FOR SHORT TERM RENTALS, UH, THERE'S A COUPLE HOUSEKEEPING MEASURES THAT WE WOULD LIKE TO DO WITH THIS TAX AMENDMENT, UH, BECAUSE THE FEES WERE CHANGED.
SO WE NEED TO CHANGE THE TOWN CODE THAT RETAINS THAT.
SO THE FEES WOULD CHANGE UNDER LINE A FEE, UH, TO, UH, NOTE THE INCREASE, UH, TO $1,200 FOR THE APPLICATION.
UH, AND WE'D ALSO, THAT PART OF THE PARKING, UH, WE'D LIKE TO AMEND THAT PART OF THE CODE THERE.
UH, FOR EXISTING RESIDENTIAL, UH, USE THAT THE PROPERTY WOULD BE EXEMPT FROM THE OFF STREET PARKING REQUIREMENTS.
UH, THAT WOULD BE ONE THING WE MIGHT TO CHANGE THERE.
A, WE LIKE TO CHANGE THE LANGUAGE TO BRING THAT, UH, WHERE WE DO NOT CITE THE 2015 OR 2018, UH, BUILDING CODE.
UH, SINCE THOSE ARE NOT RELEVANT AT THIS TIME FOR THOSE INSPECTIONS, UH, THEY WOULD BE UNDER THE CURRENT, UH, BUILDING CODE, UH, THAT GETS UPDATED PERIODICALLY.
SO WE'D LIKE TO REMOVE THAT DATE, UM, UH, FROM THAT.
SO THAT IS THE HOUSEKEEPING MEASURES WITH THAT.
SO THEN ALSO WITH THIS, UH, TEXT AMENDMENT, WE WOULD LIKE TO MOVE, UH, TO THE TOBACCO SMOKE AND VAPE PERFORMANCE STANDARDS FROM 1 75, 1 52 AND MOVE THAT TO 1 7 5 1 1 6.
AND THAT'S WHERE THOSE AREAS ARE RESERVED FOR FUTURE TEXT AMENDMENTS.
AND WE WOULD START WITH A NEW ONE.
IT BECOMES ABOUT TO BE, WE WOULD MOVE THAT TO 1 7 5 1 1 7.
UH, WE HAVE THAT RESERVED UP TO, UH, 1 75 1 22.
SO WE'RE JUST MOVING THE TEXTS INTO A GOVERNMENT FROM PART OF THE PERFORMANCE STANDARDS TO KEEP THAT IN ALIGNMENT WITH THAT.
IS THERE ANY QUESTIONS FOR COUNTY STAFF ON THIS? THE ONLY QUESTION I HAVE IS THE LANGUAGE THAT WE HAVE, IS THAT READY TO GO OR DO WE NEED TO MAKE ANY MODIFICATIONS TO REFLECT THE MOST RECENT AMENDMENTS AND CORRECTIONS? YES, YOU NEED TO, UH, WE COULD MOVE THE SLIDE BACK ONE PLEASE, DWAYNE.
SO UP ON UNDER A, WE WOULD LIKE, UH, TO STRIKE WHERE IT SAYS THE SHORT TERMINAL OWNER, WE'D LIKE TO STRIKE SHORT TERM RENTAL OUT OF THAT SENTENCE.
WE'D LIKE TO UNDER B, STRIKE THE WORD FOUR AND ADD 12 TO IT REFLECT $1,200.
AND WE WOULD LIKE TO MAKE THE CHANGES UNDER E UH, A EXISTING RESIDENTIAL USE PROPERTY.
THAT'S HOW THAT SENTENCE SHOULD CONTINUE.
SO THOSE ARE SOME, UH, CHANGES WE'D LIKE TO MAKE OR SUGGEST YOU MAKE WITH THESE CH UPDATE THESE CHANGES.
DOES ANY, UH, THERE ISN'T APPLICANT SO I NEED TO ASK AN APPLICANT ANY MEMBER OF THE PUBLIC WISH TO SPEAK.
HEARING NONE CLOSE THE PUBLIC HEARING.
WOULD SOMEONE LIKE TO MAKE A MOTION? MADAM CHAIR, FOR THE PURPOSES OF GOOD ZONING PRACTICE AND IN ACCORDANCE WITH TOWN CODE 1 75 DASH ONE B, I MOVE THAT THE PLANNING COMMISSIONED FORWARD A RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL TO APPROVE A REVISION TO THE PLACEMENT OF PERFORMANCE STANDARDS FOR SHORT TERM RENTALS FROM 1 75 DASH FIVE ONE TO 1 75 DASH ONE FOUR.
ALSO UPDATE CODE REFERENCES WITHIN THE TEXT AND OFF STREET PARKING REQUIREMENTS.
ALSO UPDATE THE LOCATION OF PERFORMANCE
[00:50:01]
STANDARDS FOR TOBACCO SMOKER VAPE SHOPS FROM 1 75 DASH 1 52 TO 1 7 5 DASH 1 1 6 WITH THE FOLLOWING AMENDMENTS UNDER LETTER A.STRIKE THE TERM SHORT TERM RENTAL WITHIN THE FIRST SENTENCE.
SECTION B, STRIKE THE WORD FOUR.
STRIKE WITH AN EXISTING RESIDENTIAL USE CAN LEND TO A EXISTING RESIDENTIAL USE OR AN EXISTING RESIDENTIAL USE.
PUT A THERE SHOULD BE, BECAUSE E IS YES, LEMME CORRECT THAT RESIDE.
UM, AND THIS IS A MOTION, UH, IS THERE A SECOND? I SECOND THE MOTION DISCUSSION.
WE'LL SEND THAT TO THE TOWN COUNCIL FOR THE RECOMMENDATION.
ARE THERE ANY COMMISSIONER, COMMISSIONER REPORTS? NO.
IS THERE A PLUMBING DIRECTOR REPORT? YES, THERE IS.
SO FOR THE MONTH OF JULY, WE ISSUED 25 NEW ZONING PERMITS, UM, TWO NEW DWELLING UNITS.
UH, CODE ENFORCEMENT OPENED UP 28 NEW CASES AND CLOSED OUT 12, AND THEN CONDUCTED 31 INSPECTIONS.
UM, WE'VE TAKEN IN SIX, OR NO, WE ISSUED SIX LAND USE APPLICATIONS AND, UM, ISSUED 11 BUSINESS LICENSES AND TOTAL THE MONTH OF JULY WE'RE AT 11, WHICH BRINGS US TO 1340 THAT HAVE WALKED INTO, UM, AS FOR THE DRAFT THAT TAKE THAT BACK UP IN SEPTEMBER, UM, PLANNING, OR SORRY, TOWN COUNCIL SENT THE, UH, SPECIAL CIRCUMSTANCE, OR SORRY, DESIGNATED SPECIAL CIRCUMSTANCE HOUSING TEXT BACK TO PLANNING COMMISSION.
SO WE'LL ALSO BE WORKING ON THAT AS WELL NEXT MONTH.
AND THAT, THAT TWO 11 LOCKERS, THOSE ARE AROUND, HOW MANY DAYS OF THE WEEK DO YOU ACCEPTS? ALL FIVE DAYS OF THE WEEK? OH, ALL FIVE.
THIS FRIDAY ON THE DOOR THAT SAYS SOMETHING ABOUT APPOINTMENTS ONLY.
SO TUESDAYS AND THURSDAYS, WE TYPICALLY PREFER THAT PEOPLE NEED TO LEAVE THE JOHN I, THAT THEY WOULD MAKE AN APPOINTMENT.
UM, BUT THAT DOESN'T PRECLUDE PEOPLE FROM JUST WALKING.
A VERY FINAL REPORT AND VERY HARD WORK.