Board of Supervisors - Regular Meeting

I'll open this June 16th Board of Supervisors meeting. Roll call, please.

Mr. Holroyd?

Yes.

Mrs. Null?

Here.

Mr. Drury?

Present.

Mr. Rohn?

Here.

Mr. Shepherd? Here. Mr. Chairman, you have a quorum.

Thank you. Now I'm going to call on Pastor Jamie Bolts from Victory Church, Yorktown. Please give the invocation.

That's great. Before we pray, I just want to say thank you. I'm originally from Houston, Texas. I spent most of my life in Boston, New York, metro area. And I feel so privileged to live here in York County. I am Tom, Steve, and I know you all from the YMCA and the board. And I've coached many of your children here at Yorktown FC. My kids are Grafton grads. And it's a privilege to pray over you as you help govern our county.

Thank you.

But God, I just love it here. Let's pray, everybody. Lord God Almighty, maker of heaven and earth, the one who was, the one who is, and the one who is to come. Lord, we just thank you for all that you're doing here in the county, God. Lord, I pray over our board of supervisors. Lord, as we work through our storm ordinances, as we work through some amendments that we need to do, Lord, for some special articles that need to be moved, God, And Lord, I pray that your spirit would be with them, God. Give them wisdom beyond their years. And Lord, we pray Micah 6.8, the great prophet, who said, what does the Lord require of me but to do justice, to love mercy, and walk humbly before our God? Lord, I pray a board of supervisors and the people that live here in the county, God, that you would help us to do those three things for the common good, to lift our community and lift our people. Lord, may we continue deeply to strengthen the moral fabric of our county, God, and that we would be people who would have good governance and good citizens, Lord. Lift our schools, lift our families, lift our infrastructure, lift our businesses, God. Pray that your spirit be with us. And we ask these things because you are Elohim, God, our creator. You are the Christ who is both man and God. And in the power of the Holy Spirit, we pray. Thank you, Jesus. Amen.

Amen. Thank you, Pastor. Stephen, if you could take us through the pledge, please.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

I'm going to turn the dais over to the vice chair, and I will come down front for some presentations.

OK.

Begin by calling on Sherry Newcomb, director of community services, to recognize Lynn McMullen, recreation supervisor.

I'm going to turn this over to Ben, our parks and recs manager, to speak on Lynn's behalf.

Thank you.

Thank you.

Good evening. My name is Ben Whitner and I serve as the parks and recreation manager. It is an honor to recognize Lynn McMullen and celebrate her 20 years of outstanding service to York County. For the past two decades, Lynn has been a dedicated leader at the senior center. overseeing daily operations and serving our residents with professionalism, compassion, and care. Her commitment to older adults is reflected in the many programs, activities, entertainment, and wellness initiatives she helps provide for the community. Lynn works closely with the Senior Center Board, staff, and volunteers and has built a strong partnership with organizations such as the Peninsula Agency on Aging, AARP, and the local library, bringing valuable resources and services to York County seniors. In addition to her work at the Senior Center, Lynn has supported numerous county events over the years, including the York County Youth Commission, the Fourth of July celebration, and most recently, SAIL 250. Lynn, thank you for your 20 years of incredible service to York County. Congratulations on this well-deserved milestone.

Thank you. Thank you. Congratulations. Thank you. Now, not on the agenda, I've got a couple more awards that I'm going to hand out tonight.

Okay, we've got the Yorktown Festival, Sale Festival.

No, I'm not there yet.

No, I thought it was. Okay, next one. All right. Which one are you looking at?

No, I have service recognitions that I'm still doing. So the next one, is our county attorney, Richard Hill. I'm not sure he expected this tonight, but it seems like yesterday that Jim Burnett was sitting up here, and it is just yesterday, but it's been five years, and I wanted to thank Richard for the work he's done over that five-year period. Came to us from the Richmond County staff And has been absolute perfect fit into York County and the work he's done since James left. So would you kindly come down here and accept a pin? And I'm just going to go one step further. Most people don't recognize the work that he does outside of York County. And his daughter is on the swim team. And now is it state level that she's made for the meet? And Richard does a lot of the officiating at those events. So were you a swimmer in your past? I was not. OK. So my congratulations and thank you. And now we'll move to the Cellfest.

I don't know which agenda you're looking at. I'm looking at a different one. All right. So you're looking at special presentation Yorktown? Yorktown Cellfest.

So there's two individuals, and I'll ask them to come up here now. It's Kevin Ritchie and Captain James Scruggs. I've lost my notes. Any of these? You got those? Nope. I've lost my notes. Here you go. What's this? Here we go. Spare copy. Thank you. I got them.

You got them? I've got them.

So it's my absolute honor to welcome these two gentlemen to the stage. You know, between the two of them, you've got Kevin handling all the land activities that occurred over this past weekend. You've got James handling everything that happened on the water, and then some. We've just had what I think is a phenomenal weekend. The current numbers I've had is that just on the water side alone, we've had 30,000 visitors come through the three days of the Sailfest. It's well over 40,000 when you consider the additional folks that just came on the land side. So you've got Parade of Sails starting on Friday, and then all of the tours of the boats through Saturday. You've got the Coast Guard and their training exercises that they did out in the bay, and thank God for that because the blades from that helicopter kept us all cool. And we had the hovercraft from the Coast Guard present here. It was just a phenomenal weekend. And, you know, we missed a couple of the sailboats that were originally supposed to come. You would not have noticed. It was just the whole area was packed. It was full. People were touring those ships, and it was a wonderful experience.

And then on the land side, you've got the concerts.

You've got the market set up. You've got all of the activities around the Dockmasters facility. You've got the trolleys. You've got everything that was occurring in the national parks. You had the Williamsburg Symphony out here on Saturday night. It was just one activity after another, after another, after another. These two gentlemen were the heart and soul of planning and execution of that event. And I know there's many, many others that are to be congratulated, but I really look at these two as having been the leaders of those respective parts, and I wanted to thank you. We had a special award for you, which is . For the audience, there's a emblem at the top, Sail Yorktown Festival, June 12th to 14th. York River has seen 250 years of American history. Thank you for adding your chapter to America's 250th commemoration. We didn't break the lens.

Not so fast, Mr. Chairman. A lot of heavy lifting by them but without the support.

It was easy telling you to do it. It's quite a different story. Actually pulling it off. He did wonderful. Thank you, Brian.

Great job.

All right. Thanks.

I want you to know something here. See this? It's down here. Not up here.

I moved it. With that, we'll move into citizen's comment period. And I'll call on Pam Foucher 103 Kimberley Court Yorktown District 4

There's a rumor about Trump's latest medical exam, revealing a diagnosis of chronic cranial rectal inversion. Justice Ruth Bader Ginsburg said, we no longer have a difference in political opinion. We have a difference in morality. Why do so many law enforcement personnel support Trump when he pardoned the insurrectionists to assaulted police, caused long-term disabilities, several deaths, and wanted to reward them with your tax dollars? Trump said the insurrectionists were attacked by dirty, crooked cops. How can a woman support someone who wants to take away all the rights she has gained since the early 1990s, excuse me, 1900s? Why do minorities support him since he wants to erase all gains from the 1964 Civil Rights Act? How can a Christian endorse his ideation and actions that are the total opposite of commandments by God and Jesus? Why do legal immigrants support him when they know of the terror some immigrants experience in their homelands only to face it in the U.S.? How can any parent support him when he is cutting funding for libraries, education, childcare support, SNAP, and Medicaid and protects pedophiles? Why do vets support him when he calls you suckers and losers and cuts funding? Why do pro-lifers support his USAID cuts resulting in the deaths of over half a million children? Why does anybody support him as he cuts funding for cancer research? If you do not support bigotry, Christian nationalism, white supremacy, misogyny, violence, warmongering, ignoring judicial orders, firing women and minorities in government, divisive tactics, bribery, extortion, or cheering blood sports at the White House, why do you continue to support this regime? Trump said, I don't think about Americans' financial situations. I don't think about anybody. If Trump does not profit, he does not give a damn. Trump enjoys watching people suffer. Trump did 3,600 stock trades in the first quarter of 2026 based on insider trading. Taxpayers are funding Trump's grift. If all 450,000 people who had their tax returns leaked received Trump's self-imposed settlement of $1.776 billion, they would be awarded $799,200,000,000 totally bankrupting America. Trump declares stolen elections when Dems win, but somehow when Republicans win, there's no ballot rigging. Speaker Mike Johnson said Dems are so diabolical that they successfully hide their proof of guilt. If gyms are doing such a great job, how was Trump elected in 2024? For anyone wanting to use mail-in ballots in the primaries or November elections, I strongly urge you to vote early in person or hand carry your ballot to the registrar's office. Trump is illegally directing the post office to stop delivery of some ballots. If you did get one and are on a list of this regime's making, your completed ballot will not be delivered to the registrar. You are being disenfranchised to increase the odds of a Republican win. Trump is doing the one rigging the elections. He believes he is entitled and has said so. Never has America had such a corrupt administration. Thank you.

Thank you, Ms. Pichot. Are there any others in the audience who care to speak? Please come forward. State your name and address in three minutes.

Yes, hi. Tony Penza. I live in Gloucester, 2344 Commerins Island Road. So I'm seven miles over the bridge, so it's easy to come over here. I love coming over to Yorktown. You guys have a great waterfront. It's a really nice place. I think you did great on the way you set it up. You made it quaint, which is awesome. You had your 250 sail come down for that, come down for the water. for the water boat races. So that was on June 6th. It was about 96 degrees that day. So I came down on about four o'clock. Races start at 4.30. I park at the courthouse because it's easy. There's not a lot of people. You don't have to worry about people running across the road. So going to the courthouse, you park, the trolley picks you up. Just so happened I get to the courthouse and I get there about 10 after four. Race has started at 4.30. Everything seems good, but the trolley is running a little late. So, okay, 4.30, I get on, go up to the National Park, and then they say, oh, this is our last run for our trolley because we close at 5.30. I'm like, so by the time he goes up the park, down to Water Street, and I'm like, I'm not getting off if you're not picking me up. So now you go up to the museum and then back down to Water Street. So I don't know, maybe having a continuous loop instead of the trolley picking people up at Water Street. Going up to the museum, 15 minutes later, you're back at the same place. It's going in a different direction. So I'm just hoping that somebody can, I didn't know who to talk to. I was so exasperated with the bus driver, and I knew it wasn't his fault. So I don't know who, it's not a fault, it's just a recommendation. And now we got these Thursday night parties, and they're, you used to call it shagging at the river, and the shagging at the river, oh, it starts at 6.30. that mean there's no trolleys so i asked i come down this weekend and i asked the trolley drivers are you driving after 5 30 nope 5 30. so that threw up my it used to be nice i'd leave my house at 6 20 and go up there and get on the trolley and be it have my you know my chairs and everything so it's a it's a nice thing to um have the trolley but if it doesn't accommodate the time of the the parties and the activities, then it doesn't make sense. So, continuous loop and with the time, thank you very much and I enjoy it.

Appreciate your input, thank you. Are there any others wishing to speak? Seeing none, I'll close the citizen comment period. I'll begin with county attorney reports and requests.

Thank you. Mister chairman. The only thing I have to notify you let you all know about this after this evening is you may have seen in the news that the retail marijuana is back. It is likely to be a part of the reconcile budget deal that will be considered in passed by the general assembly. Not clear what's going to be in that provision, but it looks like it's going to start Jill at the the news reports that they're expecting it to start July 1st of 2027. And there will be somewhere I want to say 300 to 350 retail licenses allowed and a variety of other licenses. The tax provisions that will allow the localities to impose additional taxes is going to be in the bill. What we don't know and what we haven't seen yet is whether or not the bill will significantly curtail or preserve local government authority, particularly over zoning and other traditional police powers as it pertains to these establishments, and so stay tuned.

Thank you. And I'll move on to county administrator reports and requests.

Thank you, Mr. Chairman. I would like to just take a moment to recognize the tremendous success that SAIL Festival was this weekend and thank many of the people that made it possible. We did a little bit of that tonight. But over the course of the three days, Yorktown welcomed tens of thousands of residents and visitors who came together to celebrate our maritime heritage, our nation's history, and the role that we played in America's 250th commemoration. I'd like to offer a special recognition to Christy Olson, director, Darren Williams, deputy director of economic tourism development, along with their entire economic and development tourism team. I think there is 24 hours in a day over three days, and I think they worked 100 hours. And I know that math doesn't math, but they were here the entire time. But they led the planning and coordination of this event over the last two years, and it truly was a two year planning effort. Their efforts, along with the support of numerous county departments, partners, sponsors, volunteers, the military organizations, resulted in an extraordinary weekend here in Yorktown. I'd like to thank the Sheriff's Office, the Fire Department, Emergency Communications, Public Affairs, Public Works, Parks and Recreation, and many other staff and other departments as well who worked behind the scenes to ensure a safe and successful event. The impact was significant. Preliminary estimates indicate that more than 3,000 people visited the piers alone. So that's 10,000 a day. I mean 30,000. You're correct. Thank you. Glasses on. I'm not trying to read without glasses. Yes, 30,000. And so you can imagine the crowd in town was two to three times larger than that throughout the weekend. Yorktown's trolleys alone recorded over 10,000 riders, which made it one of the busiest weekends ever. In addition, the festival generated extensive local, regional, and national attention, including 27 online media stories, more than 776,000 social media impressions throughout the visit Yorktown and Riverwalk landing channels. We had on Friday, I know we had all three local stations here all morning for the ceremonies. While those numbers are impressive, what really stands out most is the teamwork, the community spirit that made it possible. The Sail Yorktown Festival showcased York County at its very best and demonstrated what can be accomplished when people work together towards a common goal. As we continue building momentum towards a bigger event, Yorktown's 250th anniversary in 2031, this weekend served as a reminder of Yorktown's unique place in the nation's history. To everyone who played a role in SAIL Yorktown Festival, thank you for a job extremely well done. Thank you.

And I would ask if we could follow up on the trolley comments tonight and see if there's an improvement we can make there.

We did run it into evenings. Part of the issue on the boat race weekend right now we still have the we had the Parkway shut down so we do have to modify some routes but on Thursday night concerts. We do run it until 1030 on Thursday nights for the concert in concert ends at 9.30. So we run until we get everybody back. We announced that it's on our website. It's on our social media site. It's everywhere posted.

And talking about the trolley, I decided it was a good thing for me to ride the trolley and get the experience, and I had my family with me. And the drivers deserve kudos from everybody. It was standing room only on the trolleys. It was jam-packed. It was like a Tunerville trolley. They were so full. And they did the very best job that they could. They were overwhelmed with the numbers of people, which we were happy about. And we know in the future we're just going to have to make more adjustments so that we can handle the crowds that really want to ride those iconic trolleys. I have to tell you, staff. Kudos. I can't go on with what Brian said. It was a fantastic, fantastic weekend. And I'm surprised that some people haven't come up to speak about how nice that it was because it was spectacular. And the people that I talked to so enjoyed the fact, and they loved going on the ships and the boats. And I loved seeing the midshipmen, taking the midshipmen hats and putting them on children and taking pictures of them. I mean, it was a family affair. We always talk about York County is a family affair. Well, let me tell you, people who came from all over, understand now what we mean when we talk about a family affair. Staff, stars in your crown. That's all that I can say. I know you're tired. I know you're exhausted. I know you think, do I have to go through this again? But this was the precursor of what's going to come in 2031. So you all have to be prepared. And in the meantime, we've got the 4th of July coming up, which is the 250th anniversary of the signing of the Declaration of Independence. And this is a special place. And kudos to all of you who participate, because you get out of life what you put into it. And believe me, it was a joyous occasion. Thank you.

Mr. Shepherd?

Yeah. I mean, it was obviously we had a great time. There was a lot of folks that came down and had a great time. I'm a little concerned that sometimes we forget, especially this year, that summer finally got here. It seemed like about a week or so ago it was still late winter, early, late spring or something like that, and then all of a sudden it's up to 100 degrees. celebrations it was interesting seeing that some of the reenactors were dressed in their old the buckskins and all that and sure enough guess what the heat gets to them all right and uh thanks to our fire and life safety they were able to respond to that So my comment is that this is now the hot time of the year. If you're outside, you need to be prepared for the hot weather. And a big part of that is making sure you're hydrating. If you have pets, don't forget your pets, okay? And don't leave them in a car. Watch your kids. Don't leave your kids in a car. That always happens. And it's pretty sad. So this is a great time of the year to be outside. The families, everybody's running around having a good time. But let's kind of keep an eye on each other and make sure we're using the sunscreen and you're hydrating. You're taking care of your pets. And that's also include walking a dog on an asphalt road. Most dogs are smart enough. They'll get off the road. But people keep trying to drag them back onto the asphalt. It's probably up to 120, 130 degrees. let's be careful I think I think again back to the the celebration this weekend was just awesome you guys did a tremendous job I know it's just behind the scene and the one thing I leave you with this is that I had people that are not from here but come down here for our events and they said that This kind of event, you guys really put on a show. You really put on a show. And that goes for the staff. I mean, that's to you guys. You put on a great show. So you made us all proud. Thank you very much.

Mr. Drury?

Yeah, I would echo yellow's comments. It was amazing to see the amount of excitement, and kids running around all over the place, and the servicemen and women, the ships galore. You know, you guys, EDA did a fabulous job, and their dock master we've already recognized, and some of these others that spent, like Brian said, They probably spent more than 24 hours a day, if that's possible. Probably not a lot of sleep, because every time I went down there, I saw them all running around like chickens with their head cut off trying to get things done. But it was just a fabulous weekend. And as Sheila said, it's a precursor. We've got 4th of July right around the corner, and it's going to be even bigger than what we just went through. So this was kind of our trial run, and I think we knocked it out of the park. So for the staff, all of y'all, fire and life safety, our sheriff's department, fabulous job. And looking forward to 4th of July. I'm going to give you a quick update on new businesses to York County. Chipotle is still coming along well. The Dutch Bros have cleared the land. And I think they're going to be starting some foundation work here before long. Cookout is coming along well. They've got all the brick up. And they're inside working now. And I am working. diligently with Meadows Creamery. If you've ever been to the one in Williamsburg, there's one in Hampton. It's amazing and they're looking to come to York County. So we're trying to get them through the process and hopefully that'll happen here pretty quick. So that's all I have. Thank you, Chair.

Mr. yeah thank you so you know I don't get down to the waterfront nearly as much as I would like but I got to spend a lot of quality time here with the past two fantastic weekend some great events that we've had and got a ton of great feedback from folks who also attended there attended these events And I got to spend some time talking with staff on how are things going, are we okay and everything. And there are some hiccups, but you wouldn't know to look at it. The only way you would know if you actually asked about it and they give you feedback. But one thing that impressed me about these weekends is what a huge lift it is to make weekends like this happen. It is months and months and months of planning and collaboration and coordination, not just within county staff, but with state and federal agencies, National Park Service, our fire and life safety our service department to get all the right people in all the right places at all the right time so these things happen and everybody can enjoy themselves captain scruggs had contracts for ships as far as back as last year for ships to come here just this past weekend, coordinating the fireworks, getting all the permits in place for that. I know Captain Scruggs was on the phone 11.30 at night on Thursday night before the festival kicked off, because he's watching ships on his computers, knowing who the captain is, calling them up and saying, hey, why don't you come visit Yorktown tomorrow? That's the kind of dedication that so many people on the staff have to make things like this happen. And just the struggles to go through. To put those six pollens in the ground or in the water on the shoreline to order for us to have that docking contest was just hugely popular. They brought boaters from Eastern Shore, from Maryland down here to compete with us. He had to work with state agencies, the federal agencies, the Corps of Engineers, VMRC, some state historical committees, just to get those six pylons put in the ground there. I could see the stress on his face of hopefully after Sunday night, he could relax a little bit. But the same is true with our economic development and tourism office, a lot of stress there as well, making sure it all comes off that hitch. So again, just very impressed with the effort it takes to make those things happen. And they were all out yesterday picking up everything after Sunday night just to put it all away for three weeks to put it all back out again in order for the Independence Day. Make sure you come down and enjoy it. If you see somebody with a candy shirt on, don't feel shy. Tell them thanks because they worked hard to make that happen. And one of the businesses I like to mention, the stuff on 17 is pretty visible, but there's some things off 17 that have opened up that may not be as visible. Day and night cereal bar owned by a local family live right there off 17. Lakeside Drive. They're in the Grafton Square Shopping Center. You got a sweet tooth, that's probably where you ought to find yourself. So the big ones are visible on 17, but don't miss the other ones that are opening up as well. Good people there, and I wish them a lot of success as well. Thank you.

Thank you. We had a few additional comments to make. I think I think the board has already spoken highly of the work that's taken place and the county's efforts that went into this. I want to kind of reach out and also recognize that we had Visit Williamsburg. We had the Chamber of Commerce. We had the National Parks. We had the Coast Guard. We had the Navy. We even had state officials helping us declare when we could have fireworks. It was a collective effort by many, many parties. i can't say enough certainly the national parks i think they brought in 35 or 36 uh parks services uh employees from across the commonwealth to support the efforts here and they were everywhere they were 220. yeah of course i said i'll match them with our about 200 people But it was a great effort and a lot of effort from groups outside of Yorktown that came together to make this happen. The VA 250 committee as well was very evident and supportive throughout this weekend. I want to talk about some of the personal experiences. I was on board the Navy ships on the weekend. And the tours were going on, and the captains were busy, et cetera. But I spoke with the midshipmen personnel. And to a person, they came up to me and just wanted to express their gratitude. for Yorktown. It is, in their view, the highlight of any tour stop in the summer when they're visiting multiple cities. It's always Yorktown that they sign up to go to. They said, you roll the red carpet out for us. And that was no understatement. They really appreciate everything that's done for them and not just on this weekend but on all the times all the weekends when they might be here or weekdays when they might be here through the year so my congratulations because that just speaks volumes of the work that york county does not just on self-assed weekend but throughout throughout the entire season And then I had one other item that I wanted to mention. Mr. Drury has asked and asked and asked, and we finally reached the decision to bring a business advocate position on board. And that gentleman will start mid-July. He's an Army criminal, retired Army criminal. with many years of service also at Newport News, and he comes to us to begin in the business advocate role. That gentleman's name is Bo Clayton. So we look forward to recognizing him and supporting him in that effort. At this point, we move into recess, and because the public meetings don't actually start till seven, we are adjourned for about 20 minutes. We begin the public hearings. So the first item is Amendment to Stormwater Ordinance. I'll call on Rob Krieger to provide details and discussion. ROB KRIEGER to provide details and discussion. ROB KRIEGER to provide details and discussion.

ROB KRIEGER Good evening, Chairman Holroyd, Vice Chair Shepard, members of the board, Mr. Fuller, Mr. Hill. I'm here tonight to talk about proposed amendments to Ordinance Number 2613 of the York County Erosion and Stormwater management ordinance as mandated by the Virginia Department of Environmental Quality. So basically what we are is a fee pass-through for the state of Virginia. And it's been several years. They did it once in 24, and before that it was about a decade. But the Virginia Code was amended in December of 25, and now they want to change the fees every year. In your correspondence package, there was a list of the fees. So we were going to pull the fees out of the ordinance put them under our program administrator as requested by Virginia Department of Environmental Quality. Keep everything else in the ordinance the same. That way you wouldn't have to do a public hearing every year when the fees change.

Any questions for Mr. Carrier?

So these are mandatory fees that are going to change every year from the state. No one has a say in it.

It's going to have to happen. State mandated fees. Now, we could not change the fees, but it would We'd end up supplementing that from the taxpayers in York County would pay the difference for anybody that wanted to do any sort of construction work in the county when it came to land disturbance. Why would we want to do that?

He's just saying that's an option. If we didn't vote this.

I know that, but I mean, even bring it up, it would cause a problem.

So I had one request. You referred to Department of Environmental Quality as the department. And it kind of blends in through the resolution in multiple places. And the first time I read through it, I couldn't decide whether it was Public Works Department or the Department of. Let's put italics around the department throughout the resolution so it's clear that we're referring back to the short form of VEDQ.

OK. Any more questions?

I'll take a motion, please. Oh, sorry. I have a public hearing. No, I got to do a public hearing. Yep.

Make a motion we have a public hearing.

I'll open the public hearing. Is there any citizen who wishes to talk to this item? Seeing none, I'll close the public hearing. Any board discussion?

No. If not, then I move 26-13, ordinance 26-13. Roll call, please. Hmm.

The motion made by Mrs. Noll is to adopt the proposed ordinance 26-13R, amended as Mr. Holroyd suggested. Mrs. Noll? Yes. Mr. Drury? Yes. Mr. Rohn? Yes. Mr. Shepherd? Yes. Mr. Holroyd? Yes. Motion carried.

I'll now call on. Same idea. on Ginny Karner to discuss York County Board of Supervisors adoption of ordinance 2614 with amendments to the county zoning ordinance.

Yes, thank you and good evening.

Good evening.

This application contains amendments to various sections of the York County zoning ordinance to incorporate standards for inpatient substance abuse recovery treatment centers. A definition for inpatient substance abuse recovery treatment centers is proposed to be added to section 24.1-104. The use is proposed to be added to the table of land uses in section 24.1-306 in addition to performance standards in section 24.1-433 and parking standards in section 24.1-606. So the following definition has been proposed. A state licensed facility providing 24 hour residential care medical detoxification, counseling, or clinical treatment for patients recovering from substance use disorders, including alcohol and drugs with overnight stays. These facilities currently fall under medical care facility, including general care, hospital, and trauma center on the table of land uses. Medical care facilities are allowed by special use permit, or SUP, in the limited business zoning district and by right in general business and economic opportunity zoning districts. The proposed definition for inpatient substance abuse recovery treatment would differentiate them from other medical care facilities. Inpatient substance abuse recovery treatment centers are proposed to be permitted by SUP in the limited business, general business, and economic opportunity zoning districts. Permitting inpatient substance abuse recovery treatment centers by SUP in these same districts will give the Board of Supervisors the York County Planning Commission ability to decide where these facilities are appropriate on a case by case basis and provide any necessary conditions to situate the use at a particular location. So two performance standards have been proposed for inpatient substance abuse recovery treatment centers. Number one, a standard that would require inpatient substance abuse recovery treatment centers to be licensed by the Virginia Department of Behavioral Health and Developmental Services has been proposed. Many Virginia state agencies require proof of zoning approval prior to the issuance of a license. For this reason, proof of licensure is not required prior to the issuance of an SUP. However, inpatient substance abuse recovery treatment center proprietors will be compelled to prove licensure upon the annual inspections required for all SUPs. And number two, 24 hour per day, seven day per week care must be provided on site. This differentiates inpatient substance abuse recovery treatment centers from sober living residences or group homes that don't offer 24 seven treatment on site. These standards would apply in addition to the existing standards for all institutional uses set forth in section 24.1-431. These existing standards require parking areas to be located at least 25 feet from any residential property and screen from view of residential properties with landscaping or fencing material. They also require a traffic impact analysis to be submitted unless the zoning administrator waives this requirement. The traffic impact analysis must show that the use will not create excessive or adverse impacts on residential streets, nor demonstrable safety hazards at site entrances. Where such excessive or adverse effects are identified, the analysis must provide improvements that would eliminate these issues. The existing standards also ensure that site lighting does not cast unreasonable light onto adjacent properties and noise from HVAC and other utilities is kept to a minimum. The use is proposed to have one parking space for every two patient beds, plus one space for every 350 feet of administrative office space, as well as one loading space for every dock, loading dock or bay, as the proposed parking requirement. This is almost identical to the parking requirement for hospitals, with the only difference being that hospitals require one additional loading space. Inpatient substance abuse recovery treatment centers are likely to have medical, administrative, janitorial, and food service staff. While many residents may not bring vehicles with them during their stay, the proposed parking requirements take staff as well as resident parking into account and only require loading spaces for a loading dock or bay as proposed. The proposed amendment to section 24.1-104 would add a definition for inpatient substance abuse recovery treatment centers and distinguish them from other medical care facilities. The amendments proposed to make inpatient substance abuse recovery treatment centers permitted by special use permit in the LB, GB, and EO zoning districts. Although only two performance standards are proposed specifically for inpatient substance abuse recovery treatment centers, the standards for all institutional uses address relevant concerns. Therefore, staff recommends approval of this application through the adoption of proposed ordinance number 026-14, The Planning Commission considered this application during their May 13th meeting and voted 6-0 with Mr. Wassmer absent to recommend approval as well. Thank you. So I'm happy to answer any questions that you may have.

Questions from the board?

Yeah, I'm just curious. Why are we breaking this away from other medical facilities? What was the reasoning behind that?

We thought that this type of use could have a different impact than a medical care, than like a regular hospital or trauma center, and we thought they would need special restrictions for that. This would also require an SEP, which is not required for the other use. Medicals, yeah.

I would think it would be less traffic, right? To these facilities probably. We think so. Than like a hospital or a patient first or something like that. Yes, absolutely. Okay, thank you.

Could you go back to the first table for land use, please?

Are you looking for this one?

The one before it.

Okay.

All right, so could an inpatient substance abuse recovery treatment center be established within one of those other medical care facilities? I'm sorry, what? Could this, what we're calling, defined as an inpatient substance abuse recovery treatment center be established within one of those other medical care facilities?

Okay, so like a wing, you mean like a specific, yeah. Actually, it's a question for our director. Yeah, okay.

And Jeannie said that already? Yeah, so right now we allow them, we currently had one that took over a hotel on Bypass Road, and we considered it a medical care facility at the time. Okay. But when we did that, we felt like, you know, this is probably something you all really would like to see come forward and have some, decision on, that's why we proposed the special use program. Right.

But I was talking not so much a conversion to, but a part of an existing medical facility.

Oh, you mean like could a hospital have a section like this? Right. I would think so, yes, because the main use would be the hospital.

Okay. since those medical care facilities are permitted by right in general business and economic EO zone areas but the inpatient recovery center is a special use permit does that mean that they want to establish that in there they would need to go through SUP process or because they're already existing they can just stand it up right it would be similar to like accessory use and that's how we would consider it so like when a gas station has you know propane tanks or they used to have the video

store out front, that kind of thing. It's just an accessory to the main use. So the main use is still the hospital, and as long as it's not going over a certain percentage of the principal use, which is the hospital itself, it would still be considered just a medical care facility.

So the reason behind special use permit for those two areas for treatment centers is so that we can consider traffic impact, parking impact, residential impact.

And give you all the opportunity to kind of review, is this a good use there? And also gives the public the opportunity to come and talk.

Well, I'm guessing I think that we would still want to have that conversation, even if it's part of an existing medical facility. But I'll see what the rest of the board thinks about that. That would be by right.

There's got to be something more than what you just said. Because I'm sitting here thinking why this one specific use requires this. Okay, let me just take that though and jump into something else tied to this. There was a report that came out probably three years ago about how these businesses that run these substance abuse recovery centers are not quite what they seem to be. There was a lot of licensing and all this other facade, if you will, that was going on, but to check in on the quality of the care was not there. Now, I could see that driving us to consider this. If we get a business comes in that doesn't have a sterling reputation, then we ought to be able to react to it and probably would. So other than that, I don't see why this as a special topic.

Well, just, just to clarify. So the thing you're talking about are the homes. So where you have a home and you put, you know, four to six individual, or maybe up to eight individuals in there for this kind of treatment.

Right.

Yes. But they don't have as much of the onsite service. This is actually. like a very large facility where people come and they voluntarily commit themselves.

So what's the difference between the two? They both fall in the same category, right?

Somewhat, yes, yes. So the sober homes are smaller and they're run throughout a community. They could be in different places. And I know there was a lot of news stories and stuff a few years ago about how they were licensed and the money that they were getting and things of that nature. This is a little different because this is on a larger scale than the homes.

I'm sorry. I'm not seeing the difference here. If you're going to have one, you have the other.

Well, the state doesn't allow us to do too much control of the ones that go into homes. But with this use where it's a larger use, we had a lot of inquiries about establishing these kinds of uses in a variety of different places in the county. and we as staff just had a little bit of a concern um as i said the one there on bypass road where they converted one of the hotels you know i think that you all would have probably enjoyed looking at that because well you know we've got this massive sports complex going in would it be better to keep it as a hotel or would it be better to allow this kind of use well we didn't have that choice because it's a buy right use at the time we've had a couple other inquiries on route 17 for properties where they want to convert something or they want to build something. And we just thought that it would be better. Staff's concern was we just want to make sure that the uses that are coming in are ones that you feel are appropriate as the board. And so we wanted to have a little more caution on them.

That's all. So is this business a tax-exempt business?

I don't believe so now okay I just want to make sure we're not using up our commercial air commercial space no taxes and it's just at least initially it makes sense to have this to be under special use permit to get a feel for what we're looking at and also give the public an opportunity to weigh in on this maybe down the road we understand what we're seeing and doesn't need to be initially it makes sense for it to be but again If they were to get established in an existing medical facility, I would think that they would still need to go through a special use permit as if they were a standalone entity. And you mentioned that these are large-scale operations, but since they could go into general business, not necessarily. They could conceivably find a storefront and a shopping center and set up a smaller facility and do the same thing. in which case you probably have public comments on on as well so again special use for us make sense. I just again up in the rest of work and talk with us to we have our conversation but if you're going to do it for stand alone. I think should be special use permit also for in an existing facility for all the same reason we're doing for stand alone so that that's why I was asking so.

Well, I think it's important going into this that we have oversight on it. And it will come to us as a special use permit. And we can make an individual decision on whether we approve it or we don't. Rather than give them by right, we have no control.

And I would imagine the conversation about changing or the conversation about special use permit in an existing medical facility is probably a different conversation since that's a different part of the ordinance that would need to be changed. We may need to talk about it later, but we can maybe tonight decide which direction we want to go in, so okay.

I guess I had a different view on this. I don't know why this isn't considered a regional facility like a regional jail. I don't see a reason why it needs to be in every community and in every neighborhood. These are homes that people are going to. They're there for an extended period of time. I don't see a reason why we need to use up economic opportunity or business land for one of these when we should be looking regionally at it. should we even have the ordinance, or your concern is without this ordinance, they can go anywhere.

Right. We have no control. I think this is a protection that we need. I think the regional conversation is another conversation we probably need to have with our regional partners.

I agree with that.

Right. I think this is just to protect us right now.

Then why would I allow any of them?

Well, this gives us an option not to. Well, I don't know. Do we have a, can we have any authority by the state to be able to eliminate a business completely from our municipality?

I didn't say that. I said do it regionally.

Well, I know, but.

I know what you're saying. You want it regional. It makes more sense, but. It makes far more sense to me. But we don't have it regionally right now.

Time to change. I don't mind having it regionally.

You'll have to change it with all the other jurisdictions if you want to do that, to make it regional.

If you want to have it regionally, great. But if they're going to have it regionally in our county, we better have some parameters by which to protect our county the way we want it in our county. James C. County or Newport News, they want to do something else, that's fine. I don't mind the regionality part of it, the regionalism, I should say. But we're going to need to have some restrictions.

Right. I think doing it regionally in the future, add to it. But first of all, as Tom says, we need to take care of it in York County. But that doesn't mean we can't deal with our other friends and maybe come up with a regional issue. All right.

Well, it still doesn't. I mean, even if you do a regional effort, it doesn't eliminate the parameters established by the municipality that it resides in. Right. This is just protection for us. This is what this is doing here.

Yeah. All right. In the meantime, this is protection for us.

Any other questions for planning? All right. With that, I'll open the public hearing. I'll call on any citizens who wish to speak on this item to come forward. Seeing none, I'll close the public hearing. Any further board discussion?

Well, how do we feel about applying the special use permit for establishing the abuse recovery treatment centers in the existing medical facility? Do you want to apply equally there or?

I don't know if you know you're going to have a hospital that's going to primary use the hospital's going to be back if it that is not their primary use that be a different thing all together. If it's a hospital, yeah, but yeah, I mean I think that was 17. You know that one that the Riverside there. Yeah, if you think about that, that's a that's a that's very special kind of hospital, right? So we had something like this. That would be an ancillary used in the hospital. But if this is a primary use, I don't care how big the hospital is.

Where would you see an issue, Stephen, with it being part of a larger conglomerate?

Well, when you talk about just a hospital, it's a small footprint. But it's a medical facility. So it could be anything that's been classified as a medical facility may not be that large. this use case could be larger than what it was originally established for and that becomes a The dominant thing and it because of the primary use of that new medical facility But we just let that in by right because it was permitted already. That's Again, these we're talking about guardrails, right? Just to make sure that we have You know some measure to protect the county and give citizens a chance to talk about it. I we have been really well again that's not something we're going to settle here night but I saw that we can talk about it but as far as the ordinance here I'm okay with entertaining conversations about these we have the ability to have a go through the planning commission for consideration the board through consideration especially from it is not a done deal and we have an opportunity for citizens to share with what they think about as well so I think the proper guard rolls in place we've established a separate definition for it so it's very well defined. So I'm okay with what we have here for that.

Okay.

I'll move word if I may we had to move orders 20 yes we did okay no one home that's right to go showed up make.

Sir I continue me you move thank you I move orders 26 to ask 14.

Roll call, please.

Mr. Drury?

Yes.

Oh, I'm sorry. The motion made by Sheila Null is to adopt Ordinance 26-14 as submitted. Mr. Drury? Yes. Mr. Rohn? Yes. Mr. Shepherd? Yes. Mrs. Null? Yes. And Mr. Holroyd?

Yes.

Motion carried.

Item on the agenda is amendment to the Towing Advisory Board ordinance. I call on Captain Houston to present this item.

Good evening, members of the board. I'm here tonight in reference to the ordinance for the Towing Advisory Board that you see before you. This is in conjunction due to a change with the state law that now requires the board to expand from five members to six. This will give equal representation for two members of law enforcement, two members of the towing community, and two members being citizens. So I'm here before you to ask for this amendment to the county code that would authorize adding a sixth member to the towing advisory board in conjunction with the state law for July 1st.

Question. Yes, sir. You guys vote on things? Yes, sir. What happens when you get a 3-3?

So I asked Mrs. Constantino that, and she said in the event that it becomes a tie, then it would be a non-vote, and we would have to rework the item that we're voting on at that point.

Until you get a majority? Yes, sir. OK.

We don't have a whole lot to do with this. Again, the state regulates this and the state mandates this under the law.

I was just curious.

I was too, sir. I figured that out. I was very curious how that was going to work. Much like yourselves, there's five of you. Yeah. So I was kind of curious myself.

Yeah. Thank you.

What is the new vacant spot will be filled by? A citizen at large.

Yes, sir.

OK. Citizen of New York County.

Yes, sir.

Yes. I had a question or a request that the ordinance be changed. And I'm not sure if that has actually taken place. I don't have a final version. So it has?

Yes, sir. After your recommendation at the agenda meeting that we had, we incorporated that prior to the agenda being released to the public.

Thank you. My request had been that citizen representatives will be sourced from outside the towing and recovery industry.

Yes, sir. Just like the other boards, there will be applications to be on the board, and then the Board of Supervisors will select who will be on there.

But you could see where a tower could also apply as a citizen. Yeah. And I wanted to avoid that.

Yes, sir.

Any other questions? OK. I'll open the public hearing. Again, I'll call on any citizens who wish to speak on this item. Seeing none, we will close the public hearing. Any further board discussion? Call for a motion.

I'll move 26-15. Roll call, please.

The motion made by Mister Rohn is to adopt ordinance 26 dash 15 as submitted Mister Rohn yes Mister Shepard yes this is no yes Mister jury yes Mister Holroyd yes motion carry.

Next application is UP 1071-26, Bendall Auto Service. And once again, Ms. Carner, could you take us through it?

Yeah, thank you. So this application is a request for a special use permit to authorize the establishment of an automotive repair garage at 106 Industry Drive. The approximately 1 and 2 tenths of an acre property is located on Industry Drive, which is off Hampton Highway near its intersection with Victory Boulevard. The subject parcel and the surrounding parcels are zoned GB for general business. The subject site is located in a cluster of parcels for commercial and light industrial users. Section 24.1-477 defines auto repair garages as providing routine services such as tune-ups, oil changes, and installation and repair of tires, brakes, batteries, and similar automotive components, while excluding bodywork and painting. The applicant's proposal complies with this standard by limiting operations to routine maintenance and minor repairs, including oil changes, brake and tire service, and similar low-impact automotive work. The operation will not include major engine rebuilds, bodywork, painting, or other heavy automotive repair activities. The zoning ordinance requires all work to be conducted indoors and used or damaged parts to be stored indoors or in approved covered receptacles for appropriate offsite disposal. The applicant stated that all service activities will occur within an enclosed building and that automotive parts will be stored in a closed container and disposed of in accordance with state and local laws. So the standards allow temporary vehicle storage for repair, but prohibit long-term storage 90 days or more. The applicant stated in his narrative that no long-term storage of vehicles will be permitted on the property. Vehicles will be present on site only for the duration necessary to complete service and will be returned to customers promptly upon completion. The code requires vehicular storage areas and service bays to be screened from view of adjacent properties and rights of way using landscaping supplemented by fencing if necessary. The service bay doors and vehicular storage areas are both located on the southern side of the property. This area is screened from view of adjacent properties and rights of way with existing thick vegetation and landscaping. The parking standards for auto repair garages require such facilities to have one space per 500 square feet of enclosed office, sales, or floor area, plus two spaces per service bay. According to the floor plan submitted by the applicant, the subject building has 9,000 square feet of service floor area, which means 18 parking spaces are required. The building has three service bays, which means an additional six parking spaces are required for a total of 24 parking spaces. The parking lot has 26 parking spaces, therefore the proposal meets this requirement. According to VDOT's 2024 average daily traffic count estimates, Industry Drive carries approximately 430 vehicles per day. While the proposed auto repair garage could produce more traffic than the custom cabinet shop currently operating at 106 Industry Drive, increase is unlikely to be substantial enough to adversely impact traffic on industry drive considering the roadway's existing daily traffic volume furthermore vdot reviewed this application and indicated that they have no concerns regarding the proposed use the ordinance requires a hazardous materials management and stormwater runoff control plan for all motor vehicle related uses to be submitted and approved prior to receiving site plan approval a site plan will not be required So a condition of approval has been proposed that would require approval of this plan by the Department of Fire and Life Safety prior to the issuance of a business license. Additionally, the Department of Fire and Life Safety requested that the prevention and community division inspect the site prior to the permit being issued and that a Knox Box be installed on the building to allow responders access to the building in the event of an emergency. These have been added as conditions of approval. If this application is approved, the applicant plans to move his auto repair garage to an existing warehouse at 106 Industry Drive. The applicant is not proposing to make any physical changes to the property. The site has adequate parking, which would be screened from view of adjacent properties with existing thick vegetation, and meets the requirements of the zoning ordinance. Therefore, staff recommend approval of this application, subject to the conditions set forth in proposed resolution number R26-108. And the Planning Commission considered this application during its June 10th meeting and voted five to zero to recommend approval as well. Thank you. Happy to answer any questions, and the applicant is here to answer your questions as well.

Thank you. Board have questions for Ms. Carter?

Yeah. No. Yeah, so I didn't follow what's happening at the building. Is there an expansion going on at the building? What's requiring an SUP?

Any automotive-related use in general business requires an SUP. He's not making any changes to the property.

But doesn't he do this already? He's moving.

He does this at a location on Production Drive.

Oh, this is a different location. Yes. OK. Sorry, I wasn't connecting the dots. So thank you.

You're welcome.

So is this displacing the cabinet shop, or are they going to exist together?

No, this is displacing the cabinet shop. The person that owns the cabinet shop is selling this building to the applicant.

So the cabinet shop shutting down, automotive business coming in?

Yes, sir.

Okay.

All right. Thank you.

You're welcome.

Mrs. Noll?

I have no problem with it. Mr. Shepard?

No questions. I have no questions. Thank you. At this point, I'll open the public hearing. I'll call on citizens who wish to speak. I'll start with the applicant. And you're not required to speak, but I'll give you 10 minutes if necessary to.

I won't take long. Good evening, Chairman, members of the board. Thank you for your time this evening. My name is Brandon Bindle. I'm the owner of Bindle Auto Service. I'm here tonight to respectfully ask approval of this special use permit, which would allow me to relocate my automotive company to 106 Industry Drive. Before I speak about the business, I'll just share a little bit about myself and my connection with this community. I've been serving York County citizens my entire adult life. I spent 15 years with the York Coast Sheriff's Office, both in a full-time capacity and an auxiliary capacity. I had the privilege of protecting the citizens and serving them for 15 years. Throughout that time, I learned the value of trust, accountability, being a good neighbor. In addition to my law enforcement career, I've owned and operated this business on production drive for 14 years. During those years, myself and my employees have worked hard to build a reputation based on honesty, quality workmanship, customer service. Many of my customers are York County residents, and we also have many customers that come from as far as Toano to come to our location. As you know, this relocation is not about creating a new business or introducing unfamiliar use into the community. It's an established local business with a proven track record. The request is simply to allow us to move the property to a location better suited for our company. The property at 106 Industry Drive is located in an established commercial industrial area and was built with commercial operations in mind. This facility includes workshop area, warehouse space, ample parking, and infrastructure appropriate to support automotive services. I understand the purpose of the special use permit process is to ensure that proposed uses are compatible with surrounding properties and do not create adverse impacts. York County's review process specifically considers compatibility, transportation, and conditions that mitigate potential concerns. I've also been working with other county agencies, such as the fire department, to ensure that we're in compliance with all their requirements. The Knox box that was spoke of, I've already ordered that. The fire department has already been out to the location and is working with me to gain compliance in a couple of specific areas regarding my company. I want to assure the board tonight that I'm committed to operating the business in a professional manner that reflects positively on York County. My goal is to maintain a clean, well-managed facility and be a responsible business owner in continuing to serve this community that I've spent most of my life already doing. York County's been my workplace, the place where I built my career, both as former law enforcement and as a business owner. I take great pride in contributing positively to York County and continuing that through the services that my company provides. Thank you again for your time in making this happen for me tonight. I'll be glad to answer any questions anybody has.

Board of Ed, any questions? No questions. I have one. To say, in your business, do you specialize in any particular kind of car or...

No, we classify ourselves as general repair. We do a lot of fleet work for companies, a lot of companies in York County. Over the years, we've transitioned a lot into fleet work, just by word of mouth, reputation, and different businesses, the trucks are the money. So the quicker they can get them back, the happier they are. But we still maintain a large customer base of just daily traffic, people calling and scheduling, just families, residents.

How many employees do you have?

Let's see, we have six. I don't know if I'm necessarily looking to grow a whole lot more as far as that goes, but this new property does give me opportunity to do so.

So you come off production drive over to industry drive, right?

Yes, sir. It's real close proximity, actually. And that's one of the things that was favorable about this to me is because it's going to be an easy transition for the customers. It's not going to take a whole lot more effort to get there from anywhere else that you're coming from.

All right, thank you.

So does this move bring any new services expanding services from where you are production drive. No Sir so this business as usual. Yes, a little bit more space sounds like it's definitely more.

Shop space more room for equipment is not as much tripping over each other things like that and it does it does allow expansion more service base. But again, the plan now is to just transition what we have over there and just kind of maintain that.

Okay. All right. Thank you.

Yes, sir.

Mr. Bendel, thank you for your service.

Thank you.

Thank you. Are there any citizens in the audience who wish to speak to this matter? Seeing none, I will close the public hearing. Any board discussion?

I'd move it. I'll move it. You'd move it?

Yeah, I'll move it. R26-108. R26-108.

Roll call, please.

The motion made by Mr. Drury is to approve proposed resolution R26-108 as submitted. Mr. Shepard?

Yes.

Mrs. Noll? Yes. Mr. Drury? Yes. Mr. Rohn?

Yes.

Mr. Holroyd? Yes. Motion carried.

We'll now move on to application UP 1067-26 and call on Ms. Carner to present this STR application.

Yes, thank you. So this application is a request for a special use permit to authorize the establishment of a tourist home and an existing single family detached dwelling located at 1008 Hornsbyville Road. If granted, the applicant will make two of the three bedrooms in his home available to guests. The approximately half acre property is located near the corner of Wolf Trap Road and Hornsbyville Road. The subject parcel and the surrounding parcels are zoned RR for rural residential. The house is surrounded on three sides by four single family homes. The back of the property, the southeastern side, abuts CSX railroad tracks. Beyond that is another single family home. The subject structure is a three bedroom, 1560 square foot single family detached dwelling. The two story dwelling has three bedrooms, two and a half bathrooms, a kitchen, living room, dining room, attached two car garage, and a deck. The applicant proposes to stay in the master bedroom of the house while rentals are taking place. He proposes to allow any combination of guests with at least one adult to a maximum of six people to stay in the home at any one time. The standards require the board to establish the maximum occupancy of a tourist home based on the density and character of the area, as well as the size and characteristics of the home. In this case, the applicant wishes to make two of the three bedrooms available to rent to up to six persons with at least one adult. While the applicant's proposal could allow one adult and five children, it could also allow six adults. Based on the narrative, which states that the applicant will occupy one bedroom and leave two bedrooms for rental, staff has proposed a condition of approval that the maximum number of guests be limited to four. The zoning ordinance requires four parking spaces for the proposed use. It states that two spaces plus one space per each sleeping room is required for tourist homes. A parking space located within a garage shall be credited as half of a required parking space. The ordinance specifies that parking spaces should be nine by 18 feet. According to the applicant's narrative, the driveway is 71 feet long by 16 feet wide. Therefore, the applicant plans to park his own car in the garage and allow three cars to park in the driveway in tandem. Section 24.1-104 of the zoning ordinance defines transient occupancy as occupancy of an accommodation for less than 30 continuous days by a visitor. The applicant has proposed lengths of stay ranging from a minimum of one day to a maximum of 30 days. The zoning ordinance allows one non-illuminated sign for tourist homes. Freestanding signs may be no more than three square feet in area and three feet in height. The applicant proposes to install one freestanding sign in the location indicated here by the red star. The zoning ordinance requires the owner to reside either in the home or on adjacent premises or designate a responsible party to resolve problems or complaints during rentals. Board policy number BP24-30 states the owner of a tourist home should reside either in the home or in an adjacent premises. The applicant states in their narrative that they will stay in the home while tenants rent the two bedrooms, which is consistent with the zoning ordinance and board policy. And board policy BP24-30 requires tourist homes located in the RR zoning district to be located at least one half mile from another short-term rental home. The nearest short-term rental home is located in Marlbank Farm, 8,600th of a mile from the subject property. The applicant's proposal meets this criterion. According to the applicant's narrative, he will prohibit pets, events, and smoking Establish quiet hours from 10 PM to 7 AM and remain onsite during rentals. A standard condition of approval has been proposed that would require the applicant to maintain the tourist home in accordance with the narrative submitted. And section 24.1-409H sets forth a series of emergency life safety requirements, including an emergency action plan, fire extinguishers, annual fire inspections, and interconnected smoke detectors. The applicant stated in his narrative that he has a fire extinguisher, three interconnected smoke detectors, and one carbon monoxide detector installed in his home. The applicant delivered four letters of support from two adjacent properties. The planning division received no additional comments. So the applicant's proposal complies with the requirements of the zoning ordinance and board policy number BP 24-30. By limiting the number of guests to four through a condition of approval, the proposed tourist home would be consistent in type and intensity with previously approved tourist home uses. Given the applicant will live in the home while rentals are taking place to monitor guests' behavior, staff believes the proposed tourist home is not likely to have an adverse impact on nearby properties or on the residential character of the surrounding area. Therefore, staff recommends approval of this application subject to the conditions set forth in proposed resolution number R26-107. The Planning Commission considered this application during its April 8th meeting and voted six to zero with Mr. Kreiner absent to recommend approval. Thank you. So again, I'm happy to answer any questions and the applicant is here to answer your questions as well.

Mrs. Noll, any questions for Jeannie?

Not for Jeannie.

Mr. Shepard.

Okay. So I want to make sure I understand this because I always looked at this slightly different. Now I'm looking at it after a few discussions here. So what we're saying here, according to our rules or code, whatever you want to call it, that the homeowner is tethered to the house as long as he has guests. there, right, living in the house, or people that are renting the place. He has to actually be tethered to the house. He's there in the house all the time.

The code requires that they either live in the home or in an adjacent premises or designate a responsible party.

Well, say living in the home is, I mean, I can live in a home, that's my home where I live, but if I have to go to work somewhere, The people can still be renting the property as temporary. While I'm at work, come home, I'm back at home. But that's according to the way this is written, that's the incorrect interpretation. It says they have to be in the home. They shall reside in and be present. at the home during all tourist home rentals. So that tells me you're actually tethered to your house.

Yes.

Did we require that in all of ours? I don't remember that being tethered.

That makes, to me, I got a problem.

It's too strange. Let's save that for the board discussion.

this is the question I mean this is a discussion I'm I want to make sure that everybody understands Steve right because this is we need to get clarity on now for sure I want to make sure this is clearly understood all right this is essentially the same discussion we had with Wayne Herman I don't remember the I did okay well I think I agree with Steve will kind of wait for the end here if you want to because do it we need to talk about this yes okay

Any other questions for Jeannie? No, I'm sorry. No.

Wayne? So when it says designated responsible person, what does that mean? That lives in the house or lives adjacent to the house?

They don't have to live in the house. They just have to live nearby.

Okay.

Right.

So if he has a responsible person that's willing to be his designated person that lives nearby, that could qualify?

Yes, though the code allows that designated responsible party. The board policy does not allow that designated responsible party. The board policy says that the owner must live in the house or an adjacent premises that is within 3,000 feet. So there is a difference between that board policy and the code.

Right. Okay.

Okay, I'm confused. Difference between the policy and the code. So which is the code and which is the policy? The policy is someone has to live there all the time.

The code requires that you either live in the home in an adjacent premises or designate a responsible party. That's the code. That's the code. Whereas with the board policy, it must be the owner and they must live in the home or within 3,000 feet of the home.

But neither neither said well we'll talk about it neither says that you have to be tethered to the home the whole time people are in the home. Is that correct. Yes. OK because I think that's where the confusion was coming.

No it's this that I think you do it what you asked was not what I was talking about. It says they have to be present in the house.

Now at all times when the renters are there. Right.

That's what I'm saying tether to that as tethered to the house.

She's saying that's not right.

I just read it. It's right here.

It's got to be present.

It says present at the address.

We need to get some clarity.

This section is part two of the resolution.

So we need to get clarity from you guys. The resolution says that the owner slash operator of the tourist home shall reside in and be present at 1008 Hornsbyville Road during all tourist home rentals. So if you're asking about the code, that's different than what we've written in our proposed resolution, and the proposed resolution is requiring them to be present.

Okay, so that's a whole different ballgame. The code does not require that, but the resolution as written does require that.

And the policy is?

Mr. Chairman, may I present some clarification? Yes, please. The reason, as I recall, when this came up that we added the language be present in was to clarify that legally and as understood in most context when you reside in a home that's just a the physical act of that being your residence you could go away and live and you could go travel in paris for six months and come back but you still reside in the home the presence requirement was to require physical presence but not sitting in a chair in your living room 24 hours a day in that home you just have to not be you have to be presently residing and essentially domiciled at that residents during the time period so doesn't prevent you from going to work or going to get groceries or anything like that that was we had this discussion at the time that it was done that was the understanding that I believe everybody had about why we distinguished between reside in and be present because we wanted to make we we didn't want to make it we didn't want to make it reside would be broader and allow people more freedom to not be around whereas be present requires some temporal presence still at the location in other words you can't go on vacation for a week and have renters in your house because you're not present that right but you are residing yeah the driver behind that

was to address concerns about absentee landlords doing what you said going on vacation while they have have renters or just not being president and the community that lives around that rental not having the owner to act access when there are issues so having the owner there present by the definition that Mister Hill just shared allows the other property owners to go knock on the door and say hey your renters not the people not the person that is hired to manage the writer but your rent doors are causing an issue so the owner has skin in the game making it and address it was never intended that like miss Hill says you're sitting in a chair for 24 by 7 for the duration of the of the other of the rental so that that was a driver behind it so have my clarification I don't think the language is an issue now But it does set an expectation on we need the owners there on site majority of the time for skin of the game. And we've done this several times before. It hasn't been an issue. We don't need to make an issue of it now. I think we all understand what the expectation is. And I think the language addresses it.

You couldn't be in your Florida vacation home for five months and rent your primary residence.

I understand that part of it, but Steve, I'm not 100% sure that I agree with the interpretation of President.

He just explained that.

I'm hearing what he's saying. If I'm not mistaken, Harvin didn't even live in that house. That was just an extra house.

And that was the issue.

And he wanted to go off on vacation somewhere.

And that was the issue with his applicant. If I remember correctly, he didn't intend to be present during the rental.

That wasn't his resident. That was not his resident. That was just a piece of property he owned.

And that's fine as well, but again, his intention, as I remember, was he did not intend to be present while it was being rented, and that was the issue there. In the narrative here, the owner of the property is intended to be present while it's being rented.

So the definition of present here is And I don't want to get into this is, is, what is, is, you know, is, that kind of thing. I want some clarity in the fact the present means that you're, you know, we talk about 3,000 feet. Somebody could be within 3,000 feet, serve as a proxy for the owner. right, no, no. Who's it was a 3,000 feet is what's the 3,000 feet owner. The owners got me with 3,000 feet right now family member go within 3,000 feet its family.

Yeah, we made exception for family.

OK so we had this case up in Williamsburg where lady had her house, she wanted it used as a rental, but she and her boyfriend lived down here somewhere in Grafton. And we turned it, and that's when your predecessor was here, we turned it down and then he realized that that was a bridge too far, came back and we reversed it.

And that's why we then had a policy developed when I did come in and replace my predecessor. The policy dates back to 24. The case you're referring to was 23.

Okay. Well, just remember these little weird cases right now. So, okay, so. All right. Do we need some more? I don't know if we need clarification on present. You think legally that's going to hold up?

I feel it does. I think that the explanation was to distinguish the presence was added to distinguish it from simply residing.

Okay, got it. I got okay. I'll go on it. Now tell me. Okay, let's this going to go back just a little further policy. How's policy play into the code?

Well, the code of we have a code of ordinances that has code that was adopted and are had the legal effect of ordinance. We have a board policy that was passed at the board. set forth guidelines that it expects to follow. But it is a policy, so it is not a code.

Correct.

It's not a code. So I'll address that another way. So since this is a special use permit, we could decide yes or no without any questions or any comments. And then the applicant will have no idea whether their application is gonna get approved or not. but we have some expectations on performance. One of them being, being present while it's being rented. So make sure that is transparent and not a black hole. We establish a policy so that when applicants apply for this, they see the ordinance and they see the policy to know what to expect. So when they apply, they can have some reasonable expectation of whether they will get approved or not. So that is where the policy comes in, in addition to the ordinance.

But it's a special use permit. So the policy is a guideline. but it's not the code, it's not the rule.

That's true, but this is a special use permit, everything is a guideline, and we make a decision one way or another, but we're trying to be transparent to the applicants in all cases so they know what to expect when they come before us.

Let's go back in history. The General Assembly had said that if you modified your code after a certain date, it was no longer in place. No longer effective. That's why we had to develop a policy to include the changes we wish to make.

But we did not change the code.

We added the policy.

We added a policy to the code, but that is not as legal binding as the code.

It's binding. That's what this board agreed on.

Well, we agreed on a policy, but it's the code that rules.

No, sir.

That's what you just said. The lawyer just told us that the code is what you... And we said that the policy was binding.

We couldn't change the code because of the General Assembly action.

But you can change policy.

The board is always free to change your own policies if you wish to, but You did not, and you put in place a policy that, as Mr. Roan indicated, these are the expectations that this board has established, and this is what we're expecting for approval of short-term rentals.

Well, I remember right after, and Steve, you can correct me on this. My brain's gone bad. But when we created the policy, and then next month they came in with an application that violated the policy.

right and I remember you say well we just created this policy so I'm going to support the policy and it we turned down the application right is that your last thing I remember because that right if you recall I didn't agree with the policy yeah and that and that's and again that's back again this is a special use permit discussion each of us will have a vote on how we want to go one way or the other on it based upon code based upon policy and all the other evidence being presented here But the policy was so that different applicants can know what to expect when they come to the board, and no one is surprised when they get here.

Which I assume that that was the letter.

So if you've asked all your questions, I have some for Jeannie.

I have one more. I did have an actual question. Did you say the letters of support came from adjacent properties?

Yes.

Adjacent properties.

Yeah.

Okay. I think it was two, one on each side. Okay.

Yes. It came from these two properties.

OK. All right. OK. That was my question. Thanks.

So the Planning Commission, and that was the most confusing Planning Commission session I've ever watched. And I don't have much respect for what the planning member said during that meeting, because he threw the county under the bus. But Mr. Gould had stated that the ideal outcome was approval of a whole house rental, but he wanted approval of whatever the commission would accept. Are we satisfied that this isn't just a whole house rental being dressed up in lamb's clothing?

We have a zoning and code enforcement team that inspects any special use permit. So I have faith in our zoning and code enforcement team.

Okay. So there was a request to change the original recommendation, and that was then dropped during that planning commission, and we're back to?

It started as a whole house proposal. It changed to where he would live in the home. And then at the meeting, he asked to have it a whole house rental again.

So what's it going to be?

Mr. Gould said very clearly in that meeting that he did not want to live in the same house with strangers when they were renting it.

Yes. And the reason that he decided to propose living in the home is because we told him that if he doesn't live in the home or within 3,000 feet, it violates the board policy. And we've been directed to recommend denial for any application that doesn't meet the board policy. Board policy but not the code. Correct.

So we're satisfied that the proposal in front of us today meets the board policy and he is going to live to it?

Yeah, we are confident that it meets the board policy, the code, and I don't know Mr. Gould personally, but I do have faith in our zoning and code enforcement team.

I will ask Mr. Gould personally when we get that opportunity. Any other questions for Jeannie? No. Okay, thank you. Thank you. I will now open the public hearing. I will begin by calling on Dr. Gould to make his comments. Good evening.

Okay. Thank you, Board of Supervisors. My name is Peter Gould. I do live at 1008 Hornsbyville Road in Yorktown. I practiced and lived in the county for almost 40 years. Anticipating a fixed income and retirement, I paid off my mortgage. In 2022, I noticed some catastrophic hidden water damage of the subfloor and cabinets in my kitchen coming from a defective refrigerator. I contracted with a local builder to renovate and repair the damage. Construction is just now being almost complete. The cost incurred necessitated my taking out a new loan, a cost I had not anticipated or budgeted on a fixed retirement income. So now I'm in trouble with a problem I didn't anticipate nor ask for, but it did happen. To help fund this expense, I reluctantly have asked to allow a short-term rental of my home. I still want use of my workshop and home of 25 years and a garden, which I spent 15 years working into a productive organic plot. Long-term rental would prohibit that access, so I applied for a tourist home and Airbnb type of rental. What follows is a request that was approved by the Planning Commission for a special use permit for a tourist home, which you've just heard. It's located in a state highway, Route 718, and there will be no additional traffic load, and there's adequate off-street parking. There are no tourist homes within the half mile that would prohibit this application, and I have no other rentals. The property will be listed on sites such as Vrbo and Airbnb in compliance with their protocols. There will be a less than 30-day time limit for the time allowed to rent with each reservation. All county and state regulations, including licensing, fire, and life, as well as taxation, will be met. There is a combination lock for access, and a small freestanding sign was approved. A reservation and vetting of guests would then be required to adhere to stipulations. This is what has been approved by the Planning Commission, and I would ask that you would at least approve that which they had also approved. And yes, I would stay at the house as required to comply with the approval. Now originally, as you heard, I had asked for an application to designate a responsible party to oversee the property as an option that had been advertised and allowed by the Planning Commission. And although they allow it, the planners were elected to do so because the Board of Supervisors' stance that it was not admitted permitted. Additionally, the application was modified and stated and approved for the above scenario, and I appreciate the work of the Planning Commission and Jeannie in doing that. It's not my wish to spend the next several years living with strangers. That has little appeal. I doubt that any of you would want to do that either. So why are you asking that of me? Also, renting only a portion of the house would extend the time frame that I would be forced to be a tourist home while simultaneously reducing the per rental period cash flow, thus necessitating a higher percent of rental time as opposed to time I could spend enjoying my home without others occupying it. This is not a money-making side business scheme. I've been trying to keep my house in my senior years. I would like to designate A responsible party is property supervisors advertised by the county. My next-door neighbor is a partially disabled stay-at-home dad, a skilled tradesperson, and has agreed to monitor the property. Response time would be better. He has a great skill set, better flexibility, availability, and a shorter response time than I can provide when I'm seeing patients at my practice or at the hospital. This would provide a better experience for the renters, better support for me in meeting their needs, and also provide some welcome cash for my neighbor. The response, you know, the concern is somebody comes, knocks on the door, and the owner's not there. Well, I would have the responsible party there. And you live or die by your reviews on sites such as Airbnb. So it certainly behooves me to make sure that there is responsiveness. And this designated person would have a far better ability to respond than I. It would allow all three bedrooms to be available for short-term rental for a total of six people, and having full use of the house would increase the marketability of the property and provide additional tourist dollars for the economy while allowing me additional time for personal use of my home. So instead of making half a loaf for the entire month, I could rent it for weeks a month and enjoy it for two weeks myself i know last year there was a request for a house on peniman road for a designated person that was denied the homeowner in that case lived out of state i would i have been and would continue to stay with my significant other nearby at the house just at the other end of wolf trap road this board has the position of now not allowing a designated person which but would be allowed within 3,000 feet. Now, I don't understand why 3,000 feet would be allowed, but 3,000 meters would be denied. That 3,000 foot figure, there must have some logical support for it, or it could be argued as being arbitrary and capricious. Allowing a waiver from your stance would not open floodgates of applicants. Believe me, I'm aware of the many checks and balances and deterrents involved in this application process. The board would not lose the ability to control future applicants. There are plenty of guardrails. There is an exceptional situation, and this is a distinctive enough set of circumstances that the fear of setting a precedent is not well-founded. I don't want to lose my home and the county during my senior years and appreciate your support of the original application. And hopefully, we would also modify to allow full house rental. The policy the board has. I ask that you step back and look at it and say, okay, there's some ambiguity, particularly the way it was presented, but I don't have the background and I respect you people, you're my friends, but is it onerous to a property owner to have that amount of restriction and that much impact on their quality of life in order to prevent some unforeseen issue? And there have probably been issues in the past, And anytime anything happens, yes, things can happen. But I would ask you to step back and really look at the board policy and say, is it justified or is it unduly restrictive and punitive to small owners? I'm not looking to set up a slumlord position. So this agenda item had been moved originally from May until today. I had hoped to make this house available for activities for the 4th of July. I have a sense that things may be happening here so that others could enjoy the history and the beauty of your county. So time is of the essence. I ask you for your support in this application as presented and also for allowing an exemption to your stance for designated purposes, persons. It provides a better overall solution with wins for me, my renters, my neighbors and the county without a downside. I hope that compassion, courage, wisdom and flexibility prevail. when a better solution has been presented to you. And I thank you for your consideration and support.

Thank you. Sir, if I understand you correctly, you're now modifying your proposal again to a whole house rental?

That had been the original. I stand by the Planning Commission as done because of the policy. But I'm also asking you to look at the policy and say, is it being a fair policy to take such a broad brush and apply it because of the ancillary damage that it causes to quality of life for the people it applies to. So if you would reconsider your policy and rescind it or make an exception to it, that would be most welcome. But as I said, time is of the essence. If I have to live there and spend the next few years living with strangers, I'll do it. Assuming I'm not tethered to a chair 24-7. which is the ambiguity of setting up these things. You can always twist it other ways.

To me, the whole issue, well, I'm not going to ask any, well, I could ask questions. I could ask questions. Well, you've already talked about a person that's available to oversee the house while you're gone somewhere. Okay, I really don't have any questions for you. I've got to talk to the board members.

I don't have any questions for you now. Thank you.

So you're saying that you're not going to be living at the house when tourists are in the home?

If I have a designated person, the way it's presented to you initially is yes, I would be living at the house if I only rented part of the house. But what if you're not allowed to have a designated person? Then I'm going to be in the house. If I'm allowed a designated person, then I will have additional cash flow And I may be able to meet my monthly nut in two weeks instead of having a half a loaf for the entire month and living there. So it's just a big difference in quality and utilization of the time.

You're saying two different things. You're saying two different things. Are you going to have a whole house rental or not?

If the board would allow that, but that would require an exception to your policy.

Okay. The question is, I'll ask it later. Any questions for the opportunity?

Okay, thank you. Okay, thank you. Are there any citizens who wish to speak on this matter? Seeing no citizens who wish to speak, I will now close the public hearing. Now I will entertain board discussion.

Okay. You know, I'm looking at it, and one of the policies you're saying that he has to be present. Present.

But I think we've already answered what present means. He can go to work.

So if he can go to work, then wouldn't it be better to have someone who lives next door who is not working and can take care of him?

And that is the code, but not the policy. Now what we're saying under the present this way this is written the presence has already been defined is basically you come back every day essentially and sleep that night and that's what he's been required to do okay.

That you still reside in the hall.

Or in a facility within 3,000 feet. So the issue really to me is not the 3,000 feet Well, that was skin in the game. That was the whole discussion.

But it's not the 3,000 feet. It's the question of presence. And we've already talked about that. But did we ever give any thought to the idea that, and this may be, I don't know how you can do it for this application. You might be able to do it, but. and say, like the state does sometimes about whether you're a citizen or not, you live in the state for half the year, plus one day.

Plus one day, you're a citizen.

And that makes you present. Could we not modify our program to do something like that? but then require.

That makes you a resident.

That does not make you a resident. You're right. You're absolutely right. I agree with you 100%. So listen to what I'm talking about. I'm talking about this house and the renter or the guy that owns it. So I'm just saying on the policy, either we think about maybe doing this in another day or we modify this so that he has to live in the house half a year plus a day and or have somebody designate, it's not a family member, close by within 3,000 feet. To me, the only difference is there's no blood relationship there and the term present has just gotten a little broader. That's all I'm saying here. Now, the idea of the four renting the house, full house, Um, that's another issue. That's just a totally another issue because it then becomes a full house rental. All right. And I don't think we agreed to that. I mean, we're not green to a full house rental, so he can get two houses and get two people there. He doesn't have to reside in the house, but he can be gone for somebody. mean even even harbin or whoever it was that uh that house he wouldn't that wouldn't even that wouldn't apply to him it wouldn't fit for him anyway because he wasn't going to be close by so i'm just saying on this this case harbin had a home on the same street yeah well that's like but he was gone you never know he's gone but the issue was he was gone long periods of the day as was his wife and he wouldn't commit to being present

Well, we even not be on vacation or not be on vacation, right? Right. So to read for me to recap, the policy in this conversation has always been about to find balance, to allow property owners to enjoy and use their property in whatever way they want. and allow the neighbors to also be able to enjoy and use their property at the same time. The concern has always been absentee property owners, rent and property active people, that may become problematic and the neighbors have nobody to go to other than some designated person who may go, you know what, I don't get paid enough to deal with this noise, leave me alone. And then where does that leave the neighbors who live there and just can't pack up and move? So if you have the owner there, Now you have the skin in the game and you have somebody to talk to if if issues arise. Fortunately, I don't think we've had issues like that. That's good. But maybe part of the reason is because we have this policy in place. So it can it can be difficult, but it's the best balance that we could come up with because truthfully, this board could also decide simply no more short term rentals in your county. It's not part of the ordinance. Can't do it anymore. I don't think that's a good use of people's property if that's how they wanna use it. But again, you gotta protect the neighbors as well so they can enjoy their property. This is all about balance and this is the best scenario that we can come up with to establish that balance. to me that's the recap this is why this all came about in in the first place because the feedback I get from folks is get rid of your short term rentals we don't you know strangers living next door but again there's somebody's property I want them to be able to use their property.

So. I think back to your your what you're talking about Tom He is he he would be allowed to rent the whole House if he was within 3,000 feet. If he lived resided within 3,000 feet so we could do that if he met that second criteria which he doesn't. Living within 3,000 square feet, 3,000 feet. He'd either be in the House or live within 3,000 feet.

or have a relative within 3,000 feet.

And let's recap that real quick too to help with that conversation. That came about when we had a scenario where a gentleman lived in a house, got married, needed a bigger house, moved directly next door with his mother living on the other side of the house that he just moved out of. They wanted to keep that property in the family so they could use for family reunions and so forth, but also to monetize it. So we said, you're living right next door. That's as good as living in the house and your mother's next door. So that's why that buffer also existed. That's not the case here. So the requirement would have to be residing, being present while They're probably being rented. So just to recap where that came from.

Right. So in light of what Jeannie said tonight that I really hadn't thought through, a responsible party next door, he's got someone that seems reliable.

That's not part of our policy.

I understand that. What Jeannie said was our zoning people, codes and compliance, inspect these properties. If there's gonna be issues, we're gonna find out about it. And we can shut this thing down like tomorrow, if there's problems. I'm still not, I'm still on the fence about having a designated person, I'll be honest. If it's a family member, yes, but the family member could be a bozo, right? We don't know that. But it seems to me like the one he has is a disabled person that's at home watching the kids during the day. I would suspect he's probably a responsible guy. That's where I'm at. I would probably be a yes if we considered that responsible party to be next door.

So a quick question to that, though, and all that. Where is he living? At this point, where is he living? If he's got a whole house rental, where is he?

Dr. Gould.

Where?

doctor Gould yes where's he lives on the other side of the road right down the road what is I'm not my mom had his house he does but he's going to rent the house care but where's he living when it's from being rented it's a full house rental with his significant other that's a couple of miles I've got another house and a couple miles down the road so it's outside of the 3000 feet that we did designate just a couple miles it's further out than the 3000 feet but the adjacent property owners

That doesn't allow easy access to the property owner who's renting it when you're a couple of miles down the road.

Well, I don't know about that. But I'm not sure where the $30,000 came. Maybe the planning team.

Well, it was a compromise is all it was. Just the numbers sticking on the wall.

I mean, we had one up in Williamsburg. And I think the guy lived in Newport News. And we rejected that one because he lived all the way in Newport News.

Right, because he wasn't accessible to the neighbors if there was a problem.

But he's staying two and a half miles down the road. I don't know.

So it's two and a half miles down the road too far.

I don't know. That's why. Where did the 3,000 feet come from? I don't know. I don't remember. Maybe Earl can come up with it.

It was a definition of what we were calling a lot of, you had to have a lot of sight.

It came from Mr. Rohn's case that he talked about, the guy that lived next door. We measured, and it was 3,000 steps, too.

Oh, my gosh. Okay. It was Kentucky windage.

That's all it was.

That's ridiculous.

Okay. I don't think that's ridiculous.

I think that was a good use case. well applied for that one I think you're 2 and a half miles not that far down the road I don't need personally that's not me 2 and a half miles. I think my house to 1, 3, 4, right as right down the road. I mean we we you know to me 3,000 feet that was good at the time but I this we can make a change into 2 and a half miles I'm fine.

Well that he's going to be close by that's a whole change to what's been proposed here so either it all gets tossed out and gets repurposed well we are we taking consideration what's what's in front of us right now we have to vote on what we can change it to an R. Is the three thousand feet a policy or is it a code?

That's policy not code.

Is there anything in the code?

As Jeannie stated, the zoning ordinance says you can have a designated party.

Right.

Right.

And there's no distance or anything like that. So there's zero distance. You could be 50 miles. No. Well, no.

According to the code. It just says a designated party. The code says. Sorry. Yes.

Water shall be available promptly. Right. So the. The code says shall be available to promptly responded to resolve problems so that is where the three or you can make a determination as to where they believe the appropriate line is.

To that miles and we'll try road. It's not that far is not prompt.

I don't agree with that.

I can get up to and a half miles in 5 minutes so it so his scenario. Those renters They carry on live music late at night right so 11 o'clock at night, yeah, you're going to have to have miles to find this has not going to find out he owns it. no no where he stand in your scenario yeah where you know if you love that two and a half miles away drive down there eleven o'clock at night not find a house knock on the door hey your renters are keeping my kids up they gotta go to school next morning now they gotta get together drive two and a half miles back and address it that's not prompt why don't you call them I don't I don't understand their logic how you're assuming they they got the got his number I mean he's gonna hand his number out to all the neighbors everything

I mean, call the police. That's what you would normally do for a noise complaint.

911. We got some sheriff's deputies that roll right over there.

What's the response time on that? as compared to go going to to to your to your owner who's living in that has gone hey you're I don't I'm okay with the designated responsible person well you know and if I was in a particular situation well see what's it that I don't think you get I don't think you make it this particular because I knock on the door because he shut the music down but but if you if you allow it for that then you have to lower for all doesn't mean it going forward and it in one problem and one problem we had with that was if I remember correctly there was one case where it was an elderly person that they were going to have as a designated person right now how was that person to handle a bunch of and that's our decision to make well it but we've got to be consistent and so far we've been very consistent in voting this up or down based upon being in place while it's being rented So what you're suggesting is to change that consistency. And I got a big problem with that because my constituents that I talk with about this have to have faith that I can be consistent in these decisions. If I flip it here for one reason, I don't have a good reason to go do that. say, oh, two and a half miles is OK now. Then it'll be three miles next day, five miles next time. I've got to stay consistent to the way we voted on this in the past.

You know, we talked about consistency, and I agree with you on so many things. But we've done away with a lot of US SUPs so that we didn't have to make decisions. And we're up here to make decisions. And they're not always going to be the same decisions, because we take each individual case as it is and do the best we can to make a decision. concerning that particular case. So just to have a blanket thing to protect you and your citizens, so you can always check it off and say, well, it doesn't sit by policy to take it off. You're not thinking about the people.

It wouldn't be a policy. It would be code. No, not the code. We have a code. If we didn't have a General Assembly issue, we would have had a code.

Well.

There's only one reason it's a policy.

But unfortunately, we have the General Assembly.

Therefore, we follow the policy.

Well.

therefore we follow it and not necessarily policies a guideline is not law it's code it's not love it and not code either and again it goes is not code this is a special use permit each of us will make a decision how we want to address it follow policy code input whatever but but again I need to be consistent I can't I can't change mid-flight consistency of consistency

say again, I'm sorry, I'm not starting to lose it here. Okay, we're our district. I'll go along with you. I go along with the 2 and a half miles.

I can live with that or a responsible party next to a possible part. Yes, or even one of those.

So a lot.

If we're going to change that, my vote is going to be no. because that that's inconsistent. What it would have done in the past and what I've what I've told my community of how to address this. So I mean, but it's fine, but I can't. I can support it in the way it's presented right now. I can't support it with that change. But again, we all have our votes.

We can understand that.

OK, Mr Chairman.

Well, I need a motion, and it's either move to approve the current resolution or move over to R. What's the number?

Because I can't find it on my screen here.

All right. It's 26-107.

Well, I think here's what I recommend. It's district, so why don't you make the motion?

R. Yeah, and I think... I think we have too much ambiguity and this and we need to get together after this and come up with what we're going to make a standard we do because where's the three thousand feet come from we we got to figure that out we just I just talk about the answer that understand that they just took a number because of one person we we we we use we use of the Stalas 26 dash use case that worked out and so has 26 days so it sounds it wasn't random arbitrary when you see you something that we are seven

R. It's going to be an R, right?

Yes. What's the number?

26-107R with the change.

So if you have a copy of your resolution, what I would suggest if this is the motion you want to make, Mr. Drury, is that number 2 be revised to something that includes the designated party. And 2 and 1 half miles.

Well, I don't know about 2 and 1 half miles. If we have a designated party, we don't need the 2 and 1 half miles. We don't need the 3,000 feet if there's a designated party next door.

Correct. So we wouldn't need that. You can put that in there however you want to. But that would be the recommendation I would make is that 2 needs to change. And then you need to assess number 3.

Which was the maximum number of guests. Something significant here is that he's got to reside close by.

Or have a designated apartment.

He's got to reside close by. We go back to the Harbin example. He can have the house, but he wasn't going to be around. Right. I don't remember even if the issue of a designated person was even part of that application. So my point in here is that, are we approving a full house rental or not? Okay, the answer would be yes. Okay, so that's a modification. And then the part about the presence. Presence is that you're going to live, I mean, you're going to live, present being what the lawyer said, that you're gonna be present, but you're gonna be within certain distance. Otherwise, now we're changing, really changing it. So there's a component here that you gotta be present. Present meaning you gotta reside within a certain distance, an acceptable distance. 3,000 feet to me is just an arbitrary number. And so, I mean, to me, whatever it would make, whatever the distance is.

Did you say two and a half miles or three miles?

I don't even think it's that. You're on Wolf Trap?

I'd say three miles.

It's not even. That's not even two miles.

2200 meters.

Well, I'm not a mathematician.

It's 2,500 feet.

So it's not even two miles.

Well, the point is, if you're going to make a modification to it, that we're modifying the policy and not the code. OK? The point is, it's going to reside within and be present within a certain distance. OK?

Right.

Right? And then he's going to have a full house rental or temporary rental. Right. Right? And then that third component would be that there would be somebody close by.

A designated person.

A designated person close by. Right. Okay. And that close by would be next door. 3,000 feet or something like that. Okay. You see the three components? You get those?

All right. So you'll change number two. So the owner-operator of the tourist home shall reside within how close do you want to make it?

Make it two miles.

Three miles?

Three miles. Just put three miles.

I like three.

All right.

Well, that seems arbitrary and capricious to me, but okay.

Well, so does two.

So does any distance other than what we established as a former use case.

And that he shall establish the adjacent neighbor as the designated party?

Put that within 3,000 feet.

He's right next door.

3,000 feet.

Yes.

Three miles, 3,000 feet. That's half a mile. Half a mile. Nautical mile.

Is that as a crow flies or that's a nautical? That's right.

It's adjacent. I just wrote adjacent property. He's on the adjacent property.

Adjacent property.

And then the only other thing, was there a third? You said there were three.

The presence.

Oh, the presence, yes. We have that in there.

He has to be present. in the area.

He can't be on vacation. Yeah, we'll leave that. We'll leave that language there. I'll just add the three miles in there rather than that at 108. Number three, whole house. Number three was whole house. Okay. And then number three in the resolution limits him to four guests.

That's based on parking. So again, that should stay.

Right.

So, yeah, I just want to bring that up because he has three bedrooms in the house.

Okay.

And usually the way we calculate whenever we have somebody come forward to you, it's two per bedroom, no more than two per bedroom. And that was his original request was for six. But we wrote the resolution for four because he only had two bedrooms to rent.

Does he have enough parking for three?

He does, because you drop back one parking space. So he would still have the same amount.

He would just have to open the garage. You'd have to open the garage.

You couldn't restrict access. He'd have to use the garage. He would have to use the garage as available parking to whoever he's renting the house to. I would say six. So change that number to six also. Okay. Okay. I think that takes care of it. I did read through it quickly. I just wanted to make sure. So we're going to revise two of the numbers. And I think we've got it.

OK.

So you can make an R. It's 26-107R. 106 or 7? 26-107. 7. And then R. R. How do you get the sufficient parking spaces with a pod parked permanently in the driveway? When you, oh, with a pod? Oh, no, he would have to move the pod, because he has to have the parking available.

But it's been there for how long?

He said the pod will go away. I mean, we would require it.

Your pictures are from March. Yeah. And it's there today, because I go by. Yes.

yes this is not a short-term pod i mean we would require the parking to be fully available before he could rent it so i mean he wouldn't be able to get any of his permits or anything without that parking being available he has to have the parking yes he has to have the parking again it goes back to these guys are going to inspect this before they're ever going to absolutely allow the permit right and they're going to and they're going to keep an eye out on these things

And again, I know with Airbnb and these things, it's like Dr. Gould said, you get bad reviews, people ain't coming. So I'm just telling you that that will shut it down in a hurry if they don't address problems quickly.

And Jeannie pointed out one piece is we have stipulated in here that it will be operated according to his narrative description. So he will have to bring us a new narrative description that highlights this information rather than what he has in there now. Are you okay with him doing that?

Yes. You have to approve it.

Right. We would take a look at all that. Okay. All right.

So before this board moves forward with this R, two things everybody needs to consider before they vote. One, you're setting a precedent that for everyone that comes to us after this, and they wanna do a designated party, I don't know how you say no at that point if we're allowing it here. And two, if you vote yes for this, you better be able to explain to everybody who voted no to before why this one's okay and all theirs wasn't because we changed their plans and impacted what they wanted to do and we're changing it here. And I got a big problem with that and that's why I support it where it came to us originally, but I'm not gonna support the R. So y'all think about that before you vote.

again I think we need to discuss what our and we can certainly do that but but we're getting ready we're going to do that after this vote so I think the the mistake here is a designated party he wants to live within you can change the change the distance to three miles instead of three thousand feet and that's clean right I'm okay with that as soon as you introduce a designated party to look after this home You're in limbo land, and we have shut down a number of SDRs based on the owner wasn't present. He wanted to just use a designated party.

I'm okay with that. I'm okay with that. If we don't need a designated party within 3,000 miles, I mean three miles, then we're... 3,000 miles? Yeah, 3,000 miles. That's Florida. I was thinking 3,000 feet. We're saying a designated party is... It doesn't need to be in there.

It's next door neighbor.

We just need to take that out.

Take that out.

Take the designated responsible party out.

change but we should change that before we vote on this and not after the fact which is what we're getting ready to do

Yeah, so I move 26-107R. We'll call.

We'll call.

The motion made by Mr. Drury is to approve proposed resolution R26-107R as amended. Mrs. Noll? Yes. Mr. Drury? Yes. Mr. Rhone?

No.

Mr. Shepard?

Yes.

Mr. Holroyd? No. Motion carried.

OK, we have no unfinished business. We'll move on to consent calendar. We have approval of minutes from May 5th. We have addition of Cox Drive into the secondary system of state highways. We have two retirement recognitions. We have a freight shed pavilion addition in Riverwalk Stage to authorize the award of the project. We have CDBG application request for York Terrace Northwest Housing Rehabilitation. We have transportation agreement to be created between Head Start program and Parks and Recreation, real estate refund for a disabled veteran, appropriation of the fiscal year 2027 continuation school safety grant, and employee of the quarter first quarter. Are there any items on this consent calendar that people would like to pull or discuss?

I'll move the consent calendar if it's done.

All right. Roll call, please.

Excuse me. The motion made by Mr. Shepherd is to approve the consent calendar as submitted. Mr. Drury?

Yes.

Mr. Rohn? Yes. Mr. Shepherd? Yes. Mrs. Noll? Yes. Mr. Holbrook? Yes. Motion carried.

There is no new business, so we will now move into closed session. Mr. Shepherd, can you take us into closed session?

OK, Mr. Chairman, in accordance with section 2.2-3711A1 of the Code of Virginia, I move that the Board of Supervisors convene a closed meeting to consider a personnel matter involving appointment of individuals to board and commission and performance.

We'll call, please.

Excuse me. No, Mr. Drury?

Yes.

Mr. Rowan?

Yes.

Mr. Shepherd? Yes. Mrs. Noll? Yes. Mr. Holroyd? Yes. Motion carried.

I will announce that there will not be a Board of Supervisors meeting on the first Tuesday in July. I think that's on or near the 4th. The next meeting of the York County Board of Supervisors will take place here, 6 p.m. Tuesday, July 21st, in the boardroom. We stand adjourned.