[00:00:11]
GOOD EVENING.[1. Call To Order]
AND NOW CALL TO ORDER THE PLANNING COMMISSION MEETING FOR AUGUST 15TH, 2024.MS. PARKER, DO WE HAVE A QUORUM? YES, SIR.
MR. CHAIRMAN, WE HAVE A QUORUM.
PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE AND REMAIN STANDING FOR THE INDICATION,
[2. Pledge of Allegiance]
UH, PLEDGE ALLEGIANCE OF THE UNITED STATES AND TO THE REPUBLIC FOR WHICH IT STANDS, MY NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.[3. Invocation - Led By Mr. McLaughlin]
GOD, WE COME TO OFFER UP WORD OF THANKS FOR YOUR GOODNESS AND YOUR MERCY AS WE COME TOGETHER TO PROMOTE THE WELLBEING OF THE PEOPLE OF GOOSE.BLESS THE PROCESS AS WELL AS THE PRODUCT.
GIVE US A BLESSING SO THAT OUR WORDS AND ACTIONS ARE ONE AND UNITY, AND THAT WE ARE ABLE TO LISTEN TO EACH OTHER AND SO DOING.
WE SHALL WITH GOOD HEART, WALK HAND IN HAND TO FACE THE FUTURE AND CONTINUE TO GIVE US THE WISDOM AND COURAGE THAT WE NEED.
HAS, UH, EVERYBODY HAD AN OPPORTUNITY TO
[4. Approval of Minutes]
READ THE MINUTES FROM THE JULY 18TH MEETING AND ARE THERE ANY COMMENTS, DISCUSSION, OR MOTION TO APPROVE? I MOVE.WE APPROVE, APPROVE THE MINUTES FROM THE PREVIOUS MEETING.
MS. PARKER, DO WE NEED A ROLL CALL FOR THAT? ALL WE CAN, JUST FOR CLARITY, MR. MCLAUGHLIN? SURE.
I'LL NOW OPEN TO A CITIZEN COMMENT.
[5. Citizen Comment Period]
TO DISCUSS ANY ITEMS NOT LISTED ON TONIGHT'S AGENDA, PLEASE COME FORWARD AND STATE YOUR NAME, ADDRESS.YOU'LL HAVE THREE MINUTES TO SPEAK.
YELLOW LIGHT IS ONE MINUTE AND RED LIGHT INDICATES END OF TIME.
SO NO ONE SHUT CITIZEN COMMENT.
UH, MS. PARKER ARE THERE, REQUEST YOU TO DEFER.
[6. Requests to Defer, Additions, Deletions, or Changes to the Order of Public Hearings]
NO REQUEST TO DEFER ADDITIONS, DELETIONS, OR CHANGES TO THE ORDER OF THE PUBLIC HEARINGS.OUR FIRST PUBLIC HEARING ITEM TONIGHT IS IN DISTRICT ONE CU 20 24 12,
[7. Public Hearing Items]
APPLICATION BY PLEASANT GROVE FARM, LLC REQUESTING A CONDITIONAL USE PERMIT,[1. District 1 - CU-2024-00012 Application by Pleasant Grove Farm, LLC requesting a conditional use permit (CUP) for short-term rental, unhosted, on 103.92 acres at 4615 Old Fredericksburg Road on Tax Map No. 6-1-0-62-0. The property is zoned Agricultural, General (A-1). The CUP is required by County Zoning Ordinance Sec. 15-102 in accordance with Sec. 15-285.G. The Comprehensive Plan designates this area as Rural Enhancement Area.]
CUP FOR SHORT-TERM RENTAL UNHOSTED ON 103.92 ACRES AT 46 15 OLD FREDERICKSBURG ROAD ON TAX MAP NUMBER 6 1 0 62 0.THE PROPERTY IS OWNED AGRICULTURAL GENERAL A ONE.
THE CUP IS REQUIRED BY COUNTY ZONING ORDINANCE SECTION 15 1 0 2 IN ACCORDANCE WITH SECTION 15 280 5G.
THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS RURAL ENHANCEMENT AREA.
MEMBERS OF THE COMMISSION, TOM COLEMAN, PRINCIPAL PLANNER.
UM, AS, UH, MS. PARKER MENTIONED THIS IS A USE PERMIT FOR AN UNHOSTED SHORT-TERM RENTAL.
THIS APPLICATION WAS DEFERRED FROM THE JULY 18TH MEETING.
SINCE THAT MEETING, THE APPLICANT HAS AMENDED THE APPLICATION TO REMOVE THE REQUEST FOR THE PUBLIC ASSEMBLY PLACE.
SO THIS APPLICATION IS ONLY FOR THE SHORT-TERM RENTAL UNHOSTED, UM, AROUND THE, THE TIME OF JULY 18TH.
DURING THAT PLAINTIFF MEETING, STAFF DID MEET WITH, UH, COUNTY STAFF CD STAFF AND THE FIRE MARSHAL MET WITH THEM ON SITE TO DISCUSS THE IMPLEMENTATION OF THE CONDITIONS, UM, AS THEY APPLIED AT THAT TIME TO BOTH THE PUBLIC ASSEMBLY PLACE AND THE SHORT TERM RENTAL.
BUT AS I MENTIONED EARLIER, UM, THIS IS ONLY, THE CASE WAS ONLY FOR THE SHORT TERM RENTAL UNHOSTED.
THIS PROPERTY IS LOCATED IN THE NORTHWESTERN PART OF THE COUNTY.
UM, LOOKING AT THE ARROW PHOTO, UM, YOU CAN SEE THERE ARE A COUPLE OF, UH, RESIDENTIAL NEIGHBORHOODS AND CLOSE PROXIMITY TO IT, INCLUDING HAYESVILLE STATES AND HAYESVILLE FARMS. SORT OFBUT THE PROPERTY TO THE NORTH AND TO THE WEST AND TO THE SOUTH.
UM, THE PROPERTY IS JUST, UM, EAST OF THE, UM, OLD FREDERICKSBURG ROAD I 64 INTERCHANGE.
UM, AND BETWEEN THE SUBJECT PROPERTY AND THE INTERCHANGE, UH, INCLUDES MIDPOINT INDUSTRIAL PARK, WHICH SHOWS UP ON THE CAS, THE COMPREHENSIVE PLAN AND THE ZONING.
UM, YOU CAN SEE SOME INDUSTRIAL ZONING, UH, THAT M1 AND M TWO ZONING, WHICH IS ASSOCIATED WITH THE INDUSTRIAL PARK.
UM, THE SUBJECT PROPERTY AND ALL THE SURROUNDING PROPERTIES IS DONE AGRICULTURALLY.
UM, THE SUBJECT PROPERTY AND ALL THES PROPERTIES ARE DESIGNATED AS A RURAL ENHANCEMENT AREA.
JUST GO OVER QUICKLY, UM, A COUPLE OF, SOME OF THE STRUCTURES THAT ARE ON SITE.
THIS IS THE MAIN HOUSE, SORT OF THE FEATURED, UH, STRUCTURE ON THE PROPERTY.
UM, IT'S ABOUT 4,900 SQUARE FEET.
UH, AND THIS IS THE, UM, REALLY THE, THE SUBJECT OF THIS APPLICATION.
[00:05:01]
INTENT IS THE APPLICATION IS TO USE THIS FOR SHORT TERM RENTAL UN HOSTED.UM, THERE ARE, UM, SO I MENTIONED EARLIER, UH, NOW I MENTIONED LATER THE APPLICANTS DO HAVE OTHER ACTIVITIES THAT ARE NOT GOVERNED BY THE CUP THAT THEY'LL BE, UM, CONDUCTING ON SITE AND THEY CAN USE THE, UM, SOME OF THE OTHER STRUCTURES ON THE PROPERTY FOR THOSE ACTIVITIES.
UM, IT'S ABOUT A HUNDRED ACRE PROPERTY, AND THEY DO HAVE THAT MAIN HOUSE UP FRONT AND THIS GUEST HOUSE.
UM, THEY'VE INDICATED THAT THEY CAN, THEY, THEY CAN LIVE IN THE MAIN HOUSE WHEN THEY CAN RESIDE IN THE, UM, IN THE GUEST HOUSE WHEN GUESTS ARE STAYING IN THE MAIN HOUSE.
SO AS I MENTIONED EARLIER, UM, THIS, UH, APPLICATION IS FOR AN UNHOSTED, SHORT-TERM RENTAL.
UM, AND THEY CAN LIVE IN THE MAIN HOUSE OR THEY CAN RESIDE IN THE, THE GUEST HOUSE.
WHILE GUESTS ARE USING THE MAIN HOUSE, UM, THE PROPERTY IS BEING FARMED.
UM, THEY INDICATED THEY PLAN TO USE, UH, FARM RELATED AND AGRI-BUSINESS USES, SUCH AS A PICCU OWN FARM, A CERY, UM, EDUCATION, OTHER ACTIVITIES.
THOSE ACTIVITIES ARE ALL ALLOWED BY WRIGHT AND ARE NOT SUBJECT TO THE CEP.
UM, THERE PHOTO, UH, AGAIN, LOOKING WHERE THE MAIN HOUSE, THIS IS ABOUT A HUNDRED ACRES AND SHOWING WHERE THE MAIN HOUSE IS LOCATED, UH, CLOSER TO OLD FREDERICKSBURG ROAD.
UM, THAT'S KIND OF THE WAY THE BARN I'VE SORT OF INDICATED WHERE THE PARKING IS, AND I MENTIONED EARLIER THE PARKING CAN BE UTILIZED FOR SOME OF THOSE AGRIBUSINESS AND AGRITOURISM ACTIVITIES.
AND THEN THE GUEST HOUSE IS LOCATED MORE TOWARDS THE REAR OF THE PROPERTY.
THERE WAS A COMMUNITY MEETING HELD IN APRIL AT THAT COMMUNITY MEETING.
UM, THE APPLICANTS DID DISCUSS THE SHORT-TERM RENTAL UNHOSTED.
THEY ALSO DISCUSSED A NUMBER OF OTHER USES THAT ARE NOT PART OF THIS APPLICATION, INCLUDING WE WEDDING VENUE, UM, THE DAY CAMP, UM, EVEN THE POTENTIAL FOR A SHOOTING RANGE.
UM, E ALL THOSE USES WERE DISCUSSED.
UM, GENERALLY THE ATTENDEES WERE SUPPORTIVE AND DID NOT HAVE EXPRESS REALLY ANY CONCERNS WITH ANY OF THE ACTIVITIES THAT THEY HAD PROPOSED.
UM, AS I MOVE INTO THE CONDITIONS, UM, THE APPLICANTS HAVE INDICATED THAT THEY WOULD PREFER TO HAVE, UH, A 10 YEAR EXPIRATION DATE RATHER THAN A FIVE YEAR EXPIRATION DATE.
UM, THE FIVE YEAR EXPIRATION DATE IS CONSISTENT WITH OUR PRACTICE OF RECOMMENDING A FIVE YEAR EXPIRATION WHEN DURING THE INITIAL CONSIDERATION AND APPROVAL OF A CUP, AND I CAN LET THE APPLICANT SPEAK TO THAT MORE, UM, DURING THEIR PRESENTATION OR DISCUSSION.
UH, THIS APPLICATION IS GENERALLY CONSISTENT WITH THE ROLE ENHANCEMENT AREA LAND USE DESIGNATION.
THERE'S, MOVING TO THE CUP CONDITIONS, UM, DID DELETE ALL THE CONDITIONS THAT HAD TO DO WITH THE PUBLIC SEMI PLACE THAT DID NOT INCLUDE THOSE DELETIONS HERE.
THEY'VE JUST ALL BEEN DELETED.
SO THE, THE, UH, CONDITIONS THAT ARE BEFORE YOU WOULD JUST REGULATE THE SHORT-TERM RENTAL UNHOSTED.
UH, THE FIRST ONE WOULD ALLOW THE SHORT-TERM RENTAL UNHOSTED USE AND IT WOULD, UM, REQUIRE TO BE OR TO TAKE PLACE IN THE MAIN HOUSE.
UM, THE SECOND ONE WOULD PROHIBIT ANY PARKING ON OLD FREDERICKSBURG ROAD.
THE THIRD ONE WOULD LIMIT THEM, LIMIT THEIR OCCUPANCY, UH, TO 10 PERSONS.
UH, THE FOUR, NUMBER FOUR WOULD REQUIRE THE CARBON MONOXIDE AND THE SMOKE DETECTOR.
UH, NUMBER FIVE WOULD REQUIRE THEM TO PROVIDE ACCESS TO THE SITE THAT'S IN COMPLIANCE WITH BOTH UCHIN, FIRE, RESCUE, AND COMMUNITY DEVELOPMENT REQUIREMENTS.
UM, NUMBER SIX WOULD REQUIRE THE, OR WOULD PROVIDE FOR NO AMPLIFIED MUSIC OR SOUND AFTER 10:00 PM.
UH, NUMBER SEVEN, THEY HAVE TWO WAYS THAT THEY CAN, UM, SORT OF, UH, DELINEATE NO TRESPASSING.
THEY CAN, UH, INSTALL NO TRESPASSING SIGNS OR THEY CAN USE COLOR CODED TAGS AND MAKE SURE THAT THEIR GUESTS ARE AWARE THAT THOSE TAGS REPRESENT, UM, INCLUDING NO TRESPASSING.
UH, THE PROPERTY SHOULD MAINTAIN A RESIDENTIAL APPEARANCE.
THE GUESTS ARE PROHIBITED FROM DISCHARGING FIREARMS OF THE PROPERTY, AND THE GUESTS ARE ALSO, UH, PROHIBITED FROM HAVING FIREWORKS WITH CONDITION NUMBER 11.
THERE ARE FOUR OF THESE CONDITIONS THAT WE DO REQUIRE THEM TO NOTIFY GUESTS OF, AND THAT INCLUDES THE LIMIT OF 10 PEOPLE.
THE, THE NO OUTDOOR SOUND, UH, AMPLIFIED SOUND AFTER 10 O'CLOCK.
UM, NO HUNTING OR DISCHARGING FIREARMS OF THE PROPERTY.
AND THEN THE RECOGNITION OF THOSE NO TRESPASSING SIGNS OR NO TRESPASSING MARKERS.
UM, NUMBER 12 WOULD BE THE FIVE YEAR EXPIRATION DATE.
AND THEN THE LAST ONE WOULD BE OUR STANDARD CONDITION AS IT RELATES TO THE TRANSFER OR LEASE OF THE PROPERTY.
AND THAT CONCLUDES OUR PRESENTATION.
BE HAPPY TO ANSWER ANY QUESTIONS.
ANY QUESTIONS, MR. COLEMAN? OKAY.
UM, I SAW THOSE LOOKS LIKE A QUITE A LONG DRIVEWAY BETWEEN THE MAIN HOUSE AND THE GUEST HOUSE.
UM, AND I THINK I SAW SOMEWHERE EMERGENCY ACCESS.
SO HAS SOMEONE GONE OUT AND LOOKED AT THE FACT THAT THAT LONG DRIVEWAY IS SUFFICIENT FOR, UM, EMERGENCY ACCESS? WELL, UM, FOR, FOR THE ACCESS, UM, WHEN THEY WERE PROPOSING THE PUBLIC ASSEMBLY PLACE, THE ACCESS WAS A, A, A, A REAL PRIMARY ISSUE OF MAKING SURE THAT THAT PROVIDES
[00:10:01]
ACCESS FOR PEOPLE CONGREGATING ON THE PROPERTY.NOW THAT IT'S REALLY JUST A SHORT-TERM RENTAL AND HOSTED, WE REALLY TREAT IT MORE LIKE WE JUST TREATED LIKE A HOUSE.
AND, UM, WE WANT THEM TO HAVE SAFE ACCESS, BUT IT DOESN'T HAVE THE SAME, UM, YOU KNOW, THEY'RE NOT REQUIRED TO GET THE, THE POD AND THEY'RE NOT JUST REQUIRED TO DO ALL THE TYPE OF IMPROVEMENTS THAT MIGHT BE REQUIRED, UM, FOR THE PUBLIC SAFETY PLACE.
SO I THINK HAVING THE LONG DRIVEWAY HERE, HAVING THE DRIVEWAY HERE, YOU KNOW, DOESN'T, DOESN'T RAISE ANY CONCERNS FOR STAFF.
THE APPLICANT WOULD LIKE SPEAK.
I'M MARK MCCONNELL, MY WIFE AND I SHIRE.
UH, AND I LIVE AT, UH, 46 15 OLD FREDERICKSBURG ROAD.
UM, MR. COSBY, THE, THAT REALLY LONG DRIVE JUST GOES TO OUR, THE LITTLE HOUSE THAT WE LIVE IN.
SO, UM, ONE OF THE THINGS IS WHEN WEVE, THE VERY FIRST TIME WE LOOKED AT THIS AND IT WAS UNHOSTED, WE, WE NEVER LEAVE THE PROPERTY.
AND MY, MY POOR WIFE WILL ATTEST THAT SHE ALMOST NEVER LEAVES THE PROPERTY.
UM, BUT, UH, BUT THE ACCESS, THERE'S SORT OF A U-SHAPED DRIVEWAY THAT SERVES THE, THE MAIN HOUSE.
AND I ALSO WANTED TO MENTION THAT THE, UM, THE PARKING I DON'T THINK WILL EVER BE A PROBLEM BECAUSE WE NOW HAVE 40 PLUS PARKING SPACES.
NOBODY WOULD EVER PARK ON OLD FREDERICKSBURG ROAD.
UM, I'M HERE TO ANSWER ANY QUESTIONS YOU, YOU MIGHT HAVE.
YOU'VE BEEN BEFORE US A FEW TIMES,
WE'VE, WE, IT'S BEEN A LONG ROAD.
UH, MR. COLEMAN MENTIONED THAT YOU WOULD PREFER A TENURE.
WE WOULD, YOU KNOW, FIVE YEARS GOES BY IN NO TIME AT ALL.
AND IT JUST, WE FEEL LIKE IT SORT OF CLOGS UP YOUR SYSTEM FOR US TO COME BACK AND ASK FOR EXACTLY THE SAME THING IN FIVE YEARS.
I UNDERSTAND, UM, STAFF'S THINKING THAT IF, IF THERE'S A PROBLEM, IF FOR SOME REASON, UH, OUR TENANT, THE THE GUESTS ARE PLAYING LOUD MUSIC AT NIGHT OR SOMETHING LIKE THAT, UM, I THINK WE HAVE A PRETTY BUILT IN SYSTEM FOR ADDRESSING THOSE COMPLAINTS BECAUSE, UM, WELL FIRST OF ALL, WE KNOW ALL THE NEIGHBORS, BUT SECONDLY, THEY COULD COME TO YOU AND THERE COULD BE AN ENFORCEMENT PROCEEDING.
SO I REALLY, YOU KNOW, FIVE YEARS GOES BY BEFORE YOU KNOW IT.
AND IF WE, UM, ACHIEVE THE FINANCIAL SUCCESS THAT WE HOPE TO ACHIEVE, WE, WE HOPE TO AMEND THIS TO BRING BACK THE, THE, UH, PLACE OF PUBLIC ASSEMBLY IN FIVE OR 10 YEARS.
SO IT'S JUST, YOU KNOW, IT'S JUST GONNA BE THE SAME THING THAT WE COME AND DO IN THE SAME MEETINGS WE HAVE.
AND I THINK THAT THE MECHANISM FOR ADDRESSING ANY SORT OF ISSUES IS REALLY ALREADY THERE.
BUT AS WRITTEN, IT, THE APPLICATION IS FOR FIVE YEARS.
UH, ARE THERE OTHER THINGS THAT YOU'RE NOT, THAT YOU WANT? DO YOU LIKE? NO, WE ARE, WE'RE FINE.
WE HAVE A, THAT'S THE ONLY, THERE WERE FIVE SUITES IN THE HOUSE, 10 PEOPLE.
UM, I THINK ANYTHING MORE IS TOUGH ON THE HOUSE.
UM, WE DON'T HAVE REALLY A, A PROBLEM WITH ANY OF THOSE LIMITATIONS.
THE PARKING, THE SMOKE DETECTORS, YOU KNOW, ALL THAT STUFF.
ANY OTHER QUESTIONS? NO, THANK YOU VERY MUCH.
ARE YOU OKAY? I DID YOU HURT YOURSELF? I DID.
I TORE MY, I TORE MY ACHILLES OUT.
WE WANTED TO MAKE SURE WE HAD THAT ON THE RECORD.
I JUST WANTED TO MAKE SURE THAT THE COMMISSION WAS AWARE AS WELL AS THE APPLICANT, THAT THE LIMIT OF 10 IS NOT JUST A SEPTIC TANK LIMIT, WHICH IS WHERE, BUT ALSO UNDER THE BUILDING CODE, IF YOU HOUSE MORE THAN 10 PEOPLE, YOU ACTUALLY NOW HAVE TO HAVE A COMPLETELY DIFFERENT SYSTEM, UM, FOR THE BUILDING BECAUSE IT BECOMES, I DUNNO IF IT'S A BED AND BREAKFAST BECOMES A DIFFERENT USE.
SO THE LIMIT OF 10 IS NOT JUST, THAT'S WHAT YOUR SEPTIC ALLOWS, THAT'S ALSO UNDER THE BUILDING CODE, AS MANY AS YOU CAN HAVE WITHOUT FALLING INTO A DIFFERENT USE CLASSIFICATION.
SO I APPRECIATE THAT THE APPLICANTS ARE WILLING TO LIMIT IT TO 10, BUT IN CASE YOU WILL, WE'RE NOT GENERALLY AWARE OF THAT.
THAT'S WHAT THAT 10 IS A PRETTY MUCH A MAGIC NUMBER FOR BUILDING CODE ISSUES.
AND I'LL OPEN TO, UH, THE PUBLIC HEARING IF YOU WOULD LIKE TO SPEAK.
PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS.
SAY NO ONE CLOSE PUBLIC COMMENT.
UM, ANY DISCUSSION, COMMENTS? I DON'T SEE A PROBLEM RAISING IT TO 10 YEARS.
UM, AGAIN, IT SEEMS LIKE THAT THAT MIGHT BE, UM, WE MIGHT SEE YOU AGAIN.
SO I I WOULD HAVE NO PROBLEM GOING, UM, AMENDING IT TO 10 YEARS.
[00:15:01]
A MOTION? UM, SURE.UM, I MOVE THAT THE COMMISSION RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT CU 2 0 2 4 0 0 0 1 2, UH, SUBJECT TO THE IMPOSED CONDITIONS WITH THE FOLLOWING AMENDMENT, UM, AMENDMENT BEING, UH, A 10 YEAR INSTEAD OF A FIVE YEAR C-P-C-U-P.
THE MOTION TO RECOMMEND APPRO RECOMMEND APPROVAL AS AMENDED PASSES ON A FIVE OH VOTE.
THIS CASE WILL BE SCHEDULED FOR PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS ON OCTOBER 1ST, 2024, WITH A RECOMMENDATION OF APPROVAL AS AMENDED FROM THE PLANNING COMMISSION.
OUR NEXT PUBLIC HEARING ITEM TONIGHT IS IN DISTRICT THREE, RZ 20 24 8.
[2. District 3 - RZ-2024-00008 Application by Robert R. Harris and Karen S. McAndrew requesting a proffer amendment to rezoning case RZ-2005-00006 to reduce setbacks and buffer width from Maidens Road on 5.973 acres at 2267 Parkers Hill Drive on Tax Map No. 43-36-0-1-0. The property is zoned Residential, Rural (R-R) with proffered conditions. The Comprehensive Plan designates this area as Rural Enhancement Area.]
APPLICATION BY ROBERT R. HARRIS AND KAREN S MCANDREW REQUESTING A PROFFER AMENDMENT TO REZONING CASE RZ 2005 SIX TO REDUCE SETBACKS AND BUFFER WIDTH FROM MAIDENS ROAD ON 5.973 ACRES AT 2267 PARKERS HILL DRIVE ON TAX REP NUMBER 43 36 0 1 0.THE PROPERTY IS OWNED RESIDENTIAL RURAL RR WITH PROFFERED CONDITIONS.
THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS RURAL ENHANCEMENT AREA.
I APOLOGIZE, I DON'T HAVE CONTROL OF THE SCREEN.
I'M JUST PLUGGING IT IN TO SEE IF WE WOULD UH, IT'S NOT WORKING FOR US.
WHERE'S COMING FROM? THIS MACHINE SAID IT WAS WORKING A MINUTE AGO.
CAN WE SWITCH THE KEYBOARD? ACTUALLY I SEE THE KEYBOARD.
APOLOGIZE FOR THE BREAK BREAK'S OVER.
UM, AS MS. PARKER MENTIONED, THIS APPLICATION IS A ZONING PROFFER AMENDMENT.
UM, THE SUBJECT PROPERTY IS LOCATED JUST OUTSIDE THE COURTHOUSE VILLAGE.
THERE ARE RESIDENTIAL SUBDIVISIONS, UH, TO THE NORTH, WEST AND SOUTH THAT INCLUDE OAKLAND SUBDIVISION LANES INN TO PRESERVE AT PARKERS HILL AND LONGWOOD.
AND THIS IS A LOT IN ALLEG WOOD SUBDIVISION.
UM, THE PROPERTIES, UH, TO THE WEST OF MAIDENS ARE IN THE COURTHOUSE VILLAGE, BUT THEY ALSO ARE RESIDENTIAL.
SO THE, THE CHARACTER OF THE AREA SORT OF, UH, REFLECTS, UH, A LOW DENSITY OR RURAL RESIDENTIAL CHARACTER.
UM, LOOK AT THE SUBJECT PROPERTY IS ZONED RR AND IT SHARES THAT ZONING WITH THE OTHER LOTS IN ALDON WOODS SUBDIVISION.
UM, THERE'S SOME RP ZONING, WHICH IS ASSOCIATED WITH THE PRESERVE AT PARKERS HILL AND LANES END.
AND THE OTHER PROPERTIES, ALTHOUGH THE RESIDENTIAL ARE ZONE AGRICULTURALLY, UM, THE PROPERTIES TO THE EAST OF MAIDENS ROAD ARE A DESIGNATED RULE ENHANCEMENT AREA IN THE CONFERENCE OF PLAN.
THE AREAS TO THE WEST OF MAIDENS ROAD ARE IN THE, ACTUALLY IN THE COURTHOUSE VILLAGE.
[00:20:01]
A SINGLE FAMILY RESIDENTIAL DESIGNATION.AS I MENTIONED, UH, THE APPLICANT'S OWN A PROPERTY IN AERON WOODS SUBDIVISION.
IT INCLUDED 13, UH, PROFFERS, UH, 10 OF WHICH, UM, WILL CONTINUE TO BE ENFORCED AND ARE NOT SUBJECT TO THIS APPLICATION.
UM, BUT THEY ARE REQUESTING TO AMEND THREE OF THE PROFFERS.
AND THOSE THREE PROFFERS JUST APPLY TO THIS LOT.
UH, THEY'RE REQUESTING TO REDUCE THE, THEY REDUCE THE DRIVEWAY SETBACK FROM 300 FEET TO 150 FEET.
UH, LOOKING TO REDUCE A BUILDING SETBACK FROM 350 FEET TO A HUNDRED FEET AND REDUCE THE VEGETATIVE BUFFER FROM 200 FEET TO A HUNDRED FEET.
I'M, UH, JUST GONNA SHOW YOU THE OTHER 10, UH, PROFFERS QUICKLY, UH, JUST 'CAUSE THEY ARE PART OF, UH, THE HISTORY OF THE PROPERTY AND A PART OF THE HISTORY OF THE SUBDIVISION.
BUT THEY WILL, THEY ARE, UH, NOT SUBJECT TO THIS, UH, APPLICATION.
UM, NOW WE'RE MOVING INTO REALLY WHAT THE HEART OF THIS APPLICATION IS.
UM, THIS IS THE, THE AMENDED TEXT THAT THEY'RE PROPOSING.
UM, SORT OF HAVE A GRAPHIC ON THE SIDE THAT SORT OF A, UH, A ZOOM IN THIS LOT.
I MEAN, IT DOES SHOW, UH, THE DIMENSION OR THE BOUNDARIES OF THE LOT.
UM, THE 250 FOOT, UH, NATURAL BUFFER, WHICH IS LABELED ON THIS, UM, GRAPHIC, THE THREE 50 FOOT BUILDING SETBACK IS LABELED ON THE GRAPHIC.
UM, THE DRIVEWAY GRA UH, SETBACK IS NOT LABELED, BUT IT'S 300 FEET.
UM, BUT WHAT I'VE KIND OF ADDED ON, UH, TO THIS AS KIND OF A, A RED LINE SHOWING ABOUT, UM, IT'S NOT, NOT SURVEY QUALITY, BUT IT SORT OF GIVE YOU AN IDEA OF WHERE A HUNDRED FOOT SETBACK WOULD BE, UH, ON THE PROPERTY.
AND THEN ABOUT WHERE 150 FOOT, UM, DRIVEWAY SETBACK WOULD BE.
UM, AND THIS IS JUST A GRAPHIC SHOWING THE, THE FOUR LOTS THAT, THAT ARE IN THE SUBDIVISION.
UM, AND THEN AGAIN, THOSE, THOSE, THOSE BUFFERS ARE LABELED, UH, ON THIS GRAPHIC AND, AND THE LOTS HIGHLIGHTED IN BLUE.
I, UM, THERE WAS A COMMUNITY MEETING IN MAY.
UH, THERE WERE 13 ATTENDEES AT THAT MEETING.
UM, I'LL JUST IN SUMMARY, UH, THERE DEFINITELY WERE SOME PEOPLE, SOME OF THE ATTENDEES THAT WERE SUPPORTIVE OF APPLICATION AND THERE WERE SOME, UM, SOME OF THE ATTENDEES WERE NOT SUPPORTIVE OF APPLICATION.
I THINK GENERALLY THOSE THAT WERE SUPPORTIVE OF THE APPLICATION, UM, FELT LIKE THESE WERE, YOU KNOW, THESE WERE RESTRICTIONS ON THE PROPERTY THAT OTHER PEOPLE DIDN'T HAVE AND THAT THEY SHOULD BE ALLOWED TO HAVE GREATER FREEDOM, GREATER USE OF THEIR PROPERTY.
UM, I THINK SOME OF THE PEOPLE THAT WERE OPPOSED TO IT GENERALLY FELT THAT, YOU KNOW, THEY PURCHASED THE PROPERTY, YOU KNOW, EYES WIDE OPEN.
THEY KNEW THESE, THESE WERE IN PLACE, UM, AND THAT THERE ARE SOME THIS, UH, THERE WAS A, A REASON TO HAVE THE BUFFER AREA AND, AND THE REASONS FOR HAVING IT REMAIN.
UM, AND THAT THIS IS SORT OF A HABITAT AREA AND THERE'S A LARGE AREA OF UM, YOU KNOW, REALLY MATURE TREE STANDS HERE AND THAT'S PART OF WHAT IT IS AND WHAT SHOULD REMAIN WITH THE PROPERTY.
SO I THINK THE SORT OF VERY HIGH LEVEL SUMMARY OF SOME OF THE REASONS PEOPLE WERE SUPPORTIVE OF PEOPLE WERE NOT SUPPORTIVE, UM, OF THE APPLICATION.
UM, THIS APPLICATION IS CONSISTENT WITH ROHAN AREA LAND, JUST DESIGNATION.
THEN THE CONCLUSION OF MY PRESENTATION, I'D BE HAPPY TO ANSWER ANY QUESTIONS.
SO THIS APPLICANT IS CONSISTENT WITH THE RURAL ENHANCEMENT AREA? YES.
AND THERE ARE NO, UM, OTHER REQUIREMENTS TO THE OTHER THREE LOTS WHO WERE, UM, LARGE SETBACKS, CORRECT? UM, THEY'RE CORRECT, CORRECT.
ANY OTHER QUESTIONS? MR. COLEMAN? I MIGHT HAVE MISSED YOUR SAYING THIS, TOM, BUT JUST TO DOUBLE CHECK, THE PROPOSED PROFFER CHANGES MENTIONED IN THE STAFF REPORT HAVE IN FACT BEEN SUBMITTED BY THE APPLICANTS.
SO SHOULD THE COMMISSION BE WANTING TO APPROVE THE CASE, IT WOULD BE AS AMENDED AND I JUST WASN'T SURE IF I HEARD NO, CORRECT.
UM, YOU SHOULD HAVE, THAT'S WHAT WE GAVE OUT TO YOU AND WE SORT OF, WE DIDN'T MENTION THAT IN STAFF REPORT.
THANK YOU, UM, TARA, THAT, UM, UH, WE WERE IN POSSESSION OF THOSE BUT WE WEREN'T ABLE TO INCLUDE 'EM IN THE STAFF REPORT.
BUT THE, BUT UM, WHEN IT COMES TIME TO MAKE A MOTION, IF THE PLAN COMMISSION IS SO INCLINED, YOU WOULD NEED TO WAIVE THE TIME LIMITS TO ACCEPT THOSE, THAT AMENDED LANGUAGE.
[00:25:04]
THE APPLICANT LIKE TO SPEAK.MY NAME IS ROB HARRIS AND I'M HERE WITH MY WIFE KAREN MCANDREW.
AND UM, THANK YOU SO MUCH FOR ALLOWING US TO COME FORWARD AND, UM, TALKING ABOUT OUR PROPERTY AT 2, 2 6, 7 PARKER HILL DRIVE.
SO, UM, AS FAR AS THE COMMENT THAT I WOULD LIKE TO MAKE IS THAT, THE ONE WORD I WOULD LIKE TO USE ISCE IS EXCESSIVE.
WHEN YOU GO AND LOOK AT THE OTHER PROPERTIES THAT ARE AROUND US FROM THE, SOME OF THE SUBDIVISIONS THAT MR. COLEMAN TALKED ABOUT, UM, THERE IS NO TYPE OF PROFFER OR ANY TYPE OF SETBACK THAT IS IN THIS EXTREME SETBACK THAT WE HAVE ON OUR PROPERTY.
IT PINS US IN INTO OUR PROPERTY.
UM, WE'RE ONLY ABLE TO USE ABOUT AN ACRE AND A HALF OF OUR SIX ACRES.
BASICALLY BECAUSE OF THE SETBACKS, I'M NOT ABLE TO TAKE DOWN, YOU KNOW, ANY TREES TO EXPAND THE DRIVEWAY.
UM, TO BE ABLE TO ALLOW, UM, DELIVERY DRIVERS TO COME IN.
I'VE HAD $9,000 WORTH OF DAMAGE DONE TO PERSONAL PROPERTY THAT, THAT, THAT HAS BEEN PAID OUT FOR THAT REASON.
UM, IT DOESN'T ALLOW US TO BE ABLE TO, AGAIN, TO USE OUR PROPERTY JUST LIKE EVERYONE ELSE IN THE COUNTY IN A, IN, UM, IN GLAND COUNTY.
UM, SO AGAIN, I JUST WANTED TO REITERATE THAT, UH, WE JUST FEEL THAT IS EXCESSIVE AND WE WOULD LIKE TO, UM, HAVE WHAT EVERYONE ELSE DOES.
I'M HAPPY TO ANSWER ANY QUESTIONS.
WHY, WHY 100 FEET CAN IT BE THAT WAS CONSISTENT? MY UNDERSTANDING WAS THAT WAS CONSISTENT WITH THE, THE COUNTY PROTOCOL.
WHEN YOU GO AND LOOK AT THE OTHER SUBDIVISIONS, UH, THAT'S WHAT THEY'RE ALLOWING, UH, THE SUBDIVISION DOWN THE STREET'S ALLOWING A HUNDRED FEET SETBACK AS WELL.
SO THAT'S WHY WE WENT WITH THAT.
DO YOU HAVE ANY PLANS TO BUILD ANYTHING? WELL AT THIS POINT WE'RE, THIS IS KIND OF THE FIRST STEP.
YOU KNOW, AS FAR AS, YOU KNOW, AT THAT POINT WE WOULD BE JUST LIKE EVERYONE ELSE WE'D, IF WE DECIDE TO BUILD SOMETHING, THAT WOULD BE SOMETHING THAT WE'D HAVE TO SUBMIT TO THE COUNTY AND SEE IF THAT WOULD BE ALLOWABLE.
YOU TALKING ABOUT MAKING THE DRIVEWAY LONGER OR WIDER? SO, OR BOTH? IT COULD BE BOTH.
AGAIN, TRYING TO FIND SOME FLEXIBILITY WITH WHAT, WITH THE, WITH THE USE THAT WE HAVE.
UM, IF THERE WAS A PICTURE THAT MR. COLEMAN HAD UP THERE EARLIER AND YOU CAN KIND OF SEE WHERE IN THE, IN THE PICTURE HOW WE'RE KIND OF PINNED ON IN THAT FAR RIGHT CORNER.
I WAS GONNA, UH, THE FIRST ONE THAT YOU HAD UP THERE ACTUALLY, YEAH, NEXT ONE HIT THE NEXT ONE.
'CAUSE YOU CAN SEE THE WHOLE THING.
IF YOU LOOK AT THAT SETBACK, YOU SEE THE 350 BUILDING SETBACK.
SO OUR HOUSE SETS IN THAT BACK RIGHT CORNER.
AND SO WE'RE VERY LIMITED TO BEING ABLE TO EXPAND FROM THAT WHATSOEVER.
SO THEIR DRIVEWAY LITERALLY FOLLOWS THAT IN THIS PARTICULAR PICTURE, THE FURTHEST RIGHT LINE OF THAT THREE 15 BUILDING SETBACK BECAUSE WE'RE AT 300 FEET, SO WE ARE A ONLY ABLE TO GO UP TO THE DRIVEWAY ON THAT SIDE.
SO IT REALLY DOES PIN US IN THERE AND WE ARE JUST TRYING TO BE ABLE TO HAVE THE ABILITY TO EXPAND.
OPEN TO THE PUBLIC HEARING IF YOU WOULD LIKE TO SPEAK, PLEASE COME FORWARD.
STATE YOUR NAME, ADDRESS, YOU HAVE THREE MINUTES TO SPEAK.
SEEING NONE, WE'LL CLOSE THE PUBLIC COMMENT.
TOM, DO YOU KNOW WHY THESE PROFFERS WERE IN PLACE IN THE FIRST PLACE? I KNOW WE, WE DON'T KNOW WHY IT WAS PROFFERED.
I MEAN, WE COULD SPECULATE WHY.
OBVIOUSLY IT WAS TO PROTECT A RURAL VIEW SHED, UM, AND TO HAVE SORT OF ENHANCED BUFFER, YOU KNOW, WHY THEY LANDED ON THOSE SPECIFIC NUMBERS.
CAN'T PROVIDE A GOOD ANSWER ON THAT.
IS THERE ANY WORRY FROM ZONING THAT HAVING A HUNDRED FOOT BUFFER OFF OF MAIDENS WOULD UH, BE AN ISSUE? WELL, I MEAN, UM, THERE WAS A RECENT ORDINANCE AMENDMENT THAT WAS PASSED BY THE BOARD IN JULY THAT WOULD REQUIRE A HUNDRED FOOT BUFFER.
UM, THAT WAS NOT IN PLACE WHEN THE SUBDIVISION WAS IN PLACE.
WHEN, WHEN, WHEN, IN 2005 WHEN THIS WAS ZONED.
BUT YOU KNOW, THAT WOULD BE THE REQUIREMENT TODAY.
AND JUST TO CLARIFY, NONE OF THE OTHER THREE LOTS HAVE ANY TYPE OF A REQUIRED SETBACK LIKE THIS ONE, CORRECT?
[00:30:01]
AS FAR AS THE OTHER SUBDIVISIONS, YES.LET'S GO BACK THE LOTS OR THE OTHER, I'M SORRY.
THE OTHER THREE LOTS ONES ZONE.
I'M THE LOTS THAT ARE, I'M SORRY, LOTS IN AINE WOODS.
UM, NONE OF THOSE, JUST THIS ONE HAVE SETBACK.
NOW, AS TOM POINTED OUT, THERE ARE OTHER SUBDIVISIONS NEAR THERE WHERE THERE ARE HOUSES ON MAIDEN'S ROAD, RIGHT? UM, IT WAS GONNA GO BACK, IS IT TURTLE CREEK? IN THE OTHER SUBDIVISIONS THAT MENTIONED THE OTHER SUBDIVISIONS, UM, LIKE LONGWOOD DOES NOT HAVE ANY SUCH BUFFER REQUIREMENT.
UH, THE PRESERVER PARKERS HILL, THEY HAVE A BUFFER AROUND THE PERIMETER.
IT'S 50 FEET AROUND THE PERIMETER.
OAKLAND DOES NOT HAVE A SIMILAR REQUIREMENT.
LANES INN DOES HAVE A 200 FOOT PROFFER REQUIRE PROFFER BUFFER ALONG FAIRGROUNDS ROAD FAIR.
SO THERE'S A, YOU KNOW, THE, IT MEANS OUR CODE.
DO YOU SET BACK THE, THE SET THE SETBACKS THAT THEY WANT TO THOSE THOSE WERE, I MEAN, LIKE FOR LANES IN THAT WAS A PART OF THE ZONING CASE.
IT WAS PROPER AS PART OF THE RIGHT.
BUT WHAT THEY'RE ASKING NOW MEETS CODE, CORRECT.
UM, FOR THE SIDE, FOR THE DRIVEWAY FOR UNDER ACCESS MANAGEMENT WOULD BE 125 FEET.
SO 150 FEET, YOU KNOW, WOULD BE A, A BIGGER RESTRICTION.
THE BUILDING SETBACK FOR MAINTENANCES ROAD WOULD BE A BE A SIDE YARD ON A CORNER LOT.
SO THE A HUNDRED FEET WOULD BE, UM, A RESTRICTION ON THE PROPERTY.
UM, AND AS I MENTIONED, UM, UH, WHEN THIS PROPERTY WAS REZONED, THERE WAS NO BUFFER REQUIREMENT.
TODAY, IF SOMETHING, A NEW CASE CAME BEFORE THE COMMISSION, IT WOULD BE A HUNDRED FEET.
SO WHAT THEY'RE ASKING FOR WOULD BE CONSISTENT WITH WHAT THE ORDINANCE WOULD REQUIRE.
TODAY, I'LL MAKE A MOTION TO APPROVE AS AMENDED.
DOES THERE NEED TO BE A VOTE TO WAIVE BECAUSE THE PROFFERS WERE ACTUALLY ACCEPTED LATE? DO DO YOU FIRST VOTE TO, I DON'T KNOW QUITE HOW YOU DO IT.
YOU FIRST VOTE TO WAIVE THE LATE PROFFERS TO HAVE THOSE CONSIDERED? YEAH.
IF YOU WOULD START WITH THAT, PERHAPS.
SO WHEN WE, WE WAIVE THE TIMELINE READY TO ACCEPT THE PRO, AND NOW I RECOMMEND I MOVE THAT THE COMMISSION, BUT SO YOU, YOU HAVE TO MAKE A MOTION FOR THE WAIVER.
AND HAVE, I KNOW WE DIDN'T GET THAT SET UP FOR YOU APPROPRIATELY.
AND IT, IT REQUIRES A SECOND, A MOTION TO, UH, WAIVE TIMELINE, UH, FOR THIS APPLICATION.
IS THERE A SECOND? I'LL SECOND THAT.
THE MOTION TO WAIVE THE TIMELINE OF THIS PASS ON FIVE OH VOTE.
AND NOW WE'LL NEED, UM, A MOTION AND A SECOND FOR THE CASE.
I MOVE THAT THE COMMISSION RECOMMEND APPROVAL OF PROFFER AMENDMENT R RZ 2 0 2 4 DASH 0 0 0 0 8 WITH THE FOLLOWING AMENDMENT AMENDMENTS OF WAIVING, UH, THE TIME LIMIT.
AND THEN THE, UH, THE PROFFERS AS THEY WERE SUBMITTED, AMENDED TODAY AS THE PROFFERS WERE SUBMITTED AND AMENDED TODAY.
THE MOTION TO RECOMMEND APPROVAL PASSES ON A FIVE OH VOTE.
THIS CASE WILL BE SCHEDULED FOR PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS ON OCTOBER 1ST, 2024, WITH A RECOMMENDATION OF APPROVAL FROM THE PLANNING COMMISSION.
IS THERE ANY OLD BUSINESS? THERE IS NO OLD BUSINESS.
[8. Old Business - None]
OF OTHER BUSINESS, A DIRECTOR UPDATE FROM MS. SHERRY.[9. Other Business - Director Update]
GOOD EVENING.I'M JAMIE SHERRY, DIRECTOR OF COMMUNITY DEVELOPMENT.
I JUST HAVE A QUICK UPDATE AS TO, UM, SOME OF THE PUBLIC HEARINGS THAT ARE COMING UP AS WELL AS ONE COMMUNITY MEETING ON SEPTEMBER 3RD.
THE BOARD OF SUPERVISORS WILL BE HEARING, UH, FIVE PUBLIC HEARINGS.
UH, THEY'LL BE HEARING IN DISTRICT THREE, A REQUEST FOR A RENEWAL OF A SHORT TERM RENTAL UNHOSTED BY BEVERLY THURSTON.
IN DISTRICT FOUR, THEY WILL BE HEARING A CUP FOR OVERBURDENED PLACEMENT AND STONE CRUSHING, UM, STONE PROCESSING BY LUCK COMPANIES IN DISTRICT TWO.
THEY WILL BE HEARING A CONDITIONAL USE PERMIT REQUEST FOR A SMALL CONTRACTOR EQUIPMENT STORAGE FROM, UH, NICHOLAS FLEMING.
AND THERE'LL BE TWO COUNTYWIDE ORDINANCE AMENDMENTS.
[00:35:01]
ONE IS, UM, FOR THE FEMA FLOOD PLAIN, UM, ORDINANCE AMENDMENT TO, UH, BE COMPLIANT WITH WHAT THE FEDERAL GOVERNMENT IS, UH, REQUIRING TO STAY IN THE, UM, THE FLOOD, UH, INSURANCE SYSTEM.AND THEN THE ASSOCIATED MAPS, WE'LL GO WITH THAT.
AND THEN THE LAST PUBLIC HEARING, UH, FOR THE BOARD OF SUPERVISORS THAT EVENING IS A ZONING AMENDMENT AS IT PERTAINS TO FLOOR AREA RATIO.
AND THEN ON SEPTEMBER 19TH, BEFORE THE COMMISSION, THERE WILL BE TWO APPLICATIONS FOR A PUBLIC HEARING.
IN DISTRICT THREE, A CONDITIONAL USE PERMIT FOR A SHORT TERM RENTAL UNHOSTED, AS WELL AS A PLACE OF PUBLIC ASSEMBLY.
THIS IS FOR MOUNT BERNARD, WHICH IS LOCATED IN DISTRICT THREE.
AND, UM, THE OTHER PUBLIC HEARING IS IN DISTRICT FOUR, WHICH IS A CONDITIONAL USE PERMIT FOR AN ACCESSORY FAMILY HOUSING UNIT DETACH.
AND THIS IS BY, UM, THE DONALDSON IS THE APPLICANT.
AND, UH, FOR COMMUNITY MEETINGS WE DON'T HAVE OUR TRADITIONAL APPLICATION COMMUNITY MEETINGS.
BUT I DID WANNA MAKE YOU AWARE THAT, UM, THE COUNTY HAS BEEN UNDERGOING A STUDY.
IT'S THE SOUTHEASTERN INFRASTRUCTURE STUDY.
UM, I KNOW, UH, MANY OF YOU, UM, YOU ALL KNOW ABOUT IT.
BUT FOR THOSE AT HOME, WE DO HAVE A WEBSITE THAT YOU CAN GO AND LEARN ABOUT WHAT WE'VE DONE THUS FAR.
UM, AT THE COMMUNITY MEETING, WHICH WILL BE ON SEPTEMBER 10TH AT SIX 30, UH, THE LOCATION WILL BE AT HOPE CHURCH ON PATTERSON AVENUE.
AT THAT MEETING, WE WILL BE, UM, ROLLING OUT SOME OF THE RESULTS OF THE STUDY AND THERE'LL ALSO BE AN INTERACTIVE, UM, TOOL THAT IS, IS KIND OF COOL THAT THE COMMUNITY COME IN, UH, AND, AND PRACTICE ON OR PLAY WITH.
BUT THAT, UH, THAT'S ALL I HAVE FOR THIS EVENING.
THIS MEETING IS NOW ADJOURNED.
[10. Adjournment]
MEMBERS OF THE.