MINUTES July 9,2024  PAGE COUNTY PLANNING COMMISSION  Members Present  Catherine Grech, Secretary, Districtl Jared Burner, Chairman, District3 Members Absent Susan Kile, District4 StaffPresent Josh Hahn Call to Order  Chris Adams, District2 2  William Turner, Vice Chairman, District 5  Cassie Richards  Chairman Burner called the July 9, 2024 Page County Planning Commission Regular Meeting to order in the Board of Supervisors (BOS) Room located at the Page County Government Center, 103 S Court Street, Luray, Virginia at 7:00 p.m. The call to order was followed by The Pledge of Allegiance and a Moment of Silence. Chairman Burner reminded all commissioners and speakers to please turn on and/or speak into the microphones. Mr. Hahn conducted. an attendance roll call. Mr. Turner made a motion to adopt the agenda as presented. Ms. Grech seconded the motion. Chairman Burner asked all those in favor to signify by saying "aye," and members present all indicated "aye."Chairman Burner stated the agenda was adopted as presented. 1. J.D. Cave: He greeted the Commission and introduced himself. His family is engaged in the cabin rental business and have been since 1992, almost 40 years, known as Shenandoah Woods. He referred to a couple documents he had submitted to the Commission tonight, one ofwhich had thet taxi map with various numbers andi names oni it, including wife (Jeanne), his son (Jason), [Jason's] wife (Cori), his daughter (Elizabeth, or Liz) and her husband (Mark), and his son (Josh). These are the owners highlighted on the paper. They have a little over 250 acres and about 40 parcels. At present, they have about 19 rental units. The yellow highlighted parcels are smaller than 5 acres. He referenced the proposed draft from a couple of weeks ago, which proposed a 5-acre minimum. If that is done, that would render these highlighted parcels unbuildable/umusable. This is his retirement; this is their business; this is how they make their living. They have a master plan, to stay in the cabin business in the cabin capital of Virginia, to bring folks into Page County. Tourism is the number two economic driver in Page County, and Agriculture is number one. Construction is number three. Another proposal is the two-year waiting period. He thinks this will further curtail his business plan, and! he's not much ini favor of that. The landline phone - that is going to be a bit ofa hardship for some folks. The 10- person maximum - they could live with that, because they don't have more than 10 people in acabin, but some people may. So, it could be a hardship on other people. In summary, the 5- acre [minimum], the 2-year [waiting period), the landline phone, and the 10-year maximum = he'd like to see those go. He thanked the Commission, and he hoped they would review what 2. George Lockwood: He introduced himselfa and thanked the Commission. Hel has been in Page County for eleven years, now, starting with one cabin, then two cabins. As with [the previous speaker), thisi is his retirement. Because iti isal business, youl have tol look in advance. In advance  Adoption of Agenda  Citizen Comments on Agenda Items  they were doing and not kill a fly with a sledge hammer.    Planning Commission Minutes- July 9, 2024  oft this, he purchased very expensive land that are under five acres. They are riverfront, they [are near] the National Park, and there are no neighbors. They don't have anything that would be detrimental. The cabins he owns now, he has not had one call that he can recall for an ambulance to come tot them. He has seven cabins at the moment. That'soveranineyear period. His people come in and pay them for facilities, they pay a lodging tax, they go to stores and pay a sales tax, and they go to events and restaurants and pay more tax into the county. Mr. Cave said this was the second largest economic driver in the county. Why would you want to be detrimental to the second largest resource? He thinks it is closer to the first than we think. What are we trying to fix with these amendments? He doesn't know that there actually is a problem. He has been in the real estate/building business all his life. The market adjusts itself when it needs to. The biggest problems he ever had was when governments came in and did stuff. One of them was the S&Ls in the 80s, the sub-prime loans in the late 90s and 2000s, COVID in the last few years. He thinks we weathered that as best as we can. He doesn't know how legal it is to basically pull the rug out from people who have worked all their life and planned in advance to economically benefit the community. Hel has been here for a long time now. He likes Page County. He likes the people. He has no problem contributing and being a 3. David Reed: He has had the opportunity to review some of the proposed drafts. He does understand there has been some revision to those more recently and posted with the agenda. Hel has spoken to ai few members of[the Commission) as well as to some: members of the Board of Supervisors about this. His suggestion is that the not rush and make a change that has unintended consequences or perhaps doesn't address a conçern that has been explored and analyzed fully. He suggests when they are considering potentially making some changes to the ordinance related to short-term tourist rentals, do that on a subcommittee. [The Commission has used that process on other matters. Have some input from the public. Engage some people who are in the business of short-term rentals or have other interests that relate, Get their feedback on what the process should look like in trying to make changes. Really dig down and consider what the conçerns are that any proposed changes are attempting address, and really see ift those changes would in any way try to affect the problems they feel may exist. He also cautioned them to not blur the lines between the alternate dwelling units that have been at topic of conversation of recent, and short-term tourist rentals. Lumping them all together under a short-term rental umbrella isn't appropriate in his opinion, and could create some unintended consequences. He asked them to really think long-term to growth in Page County. Think about what they are doing to property values across the County, particularly for properties that are already being used for short-term rentals or may have an intention or purpose or repurpose in the future to be short-term rentals. He suggested they send it to subcommittee and address it that way. On the SUP process option that was presented - ifyou look at the number ofs short- term rentals in Page County, currently, and you imagine the number of SUPS that would come before the Planning Commission, it would flood the agendas with SUPS. Another challenge with SUPS is that they don't allow someone who wants to invest in Page County or get that business up-and-running any assurance that they will be able to dot that, going through an entire lengthy, expensive...and. sometimes a process where the neighborhood doesn't start out witha good feel for the situation. He suggested avoiding the SUP process except in very limited situations, and send this to subcommittee to get some good thoughts on this before making a 4. Sally Hurlbert: She supported requiring special use permits for short-term rentals. The main reason being that the permit spells out conditions that have tol be followed. She really feels like the Commission is on the right path and writing a good permit. Ifit'sa well-written permit, when a business-owner signs the permit, they acknowledge that they are aware of the conditions they have to follow. And if they abide by those conditions, the permit can be  part ofthe county and the future. He thanked the Commission.  decision.  Page 2of20    Planning Commission Minutes- July 9, 2024  renewed. Ifthey don't abide by the conditions, the permit can be revoked. She doesn't know what the current policy is for special use permits, but she suggests a time period for them tol be ine effect, sO they are not going back every year and getting a new permit. Maybe three to five years for aj permit. Ifthere are. no changes in the county ordinances in that time period, say five years, you can include a condition at the end of the permit that the permit will renew automatically for another five years. But ift there are changes in the county ordinances within that time period, then you would write a new permit and that business-owner would be required tos sign a new permit acknowledging those changes. In the draft ofthe proposed changes in this agenda, she supports condition C, which says, "Dwellings shall not be used for short-term tourist rentals if the use is expressly prohibited in the restrictive covenants of a residential subdivision." Along with that condition, Condition E, number 6: "If located in a residential subdivision, the covenants shall be included with the application." She thinks it is very important that the County makes sure that a short-term rental, which is a business, is not allowed in subdivisions. And the covenants should spell that out, whether businesses are allowed. She lives in a subdivision where the covenants were written in 1939, but they still run with the land, and they' re still in effect. The term "short-term tourist rental" was not in use back in 1939, sO that term is not goingt to be in her covenants. But their covenants said that their lots are not to be used in any event for business of any kind, excepting two lots that they say may be sold for business purposes. She is hoping that the County will read the covenants where they are not to be used for business of any kind, even though it doesn'ts say the word short-term rental, since short-term rentals are businesses, and the County would not allow them in their subdivision, or other subdivisions that don'tallow businesses. Also, realtors need to be aware that short-term rentals are not allowed in those subdivisions in Page County, sO that they will 5. Randy Howan: He introduced himself and thanked the Commission. He will reserve most of his comments to see what gets presented. Just thinking along the lines of covenants and restrictions and home-owners associations, a lot ofthem were written in the '70s and '80s, and those he is familiar with say commercial use, Commercial use - one person might say that a person is transacting and doing business, like overnight rentals. Or commercial use could be just restricted to a gas station or a thrift store. What is the definition of commercial use? Because in all actuality, the gray line between short-term and long-term rental...the person engaged in long-term rentals and collecting revenue has to pay taxes on that revenue. As his primary sourceofrevenue, especiallyifthati individual has several long-term rentals. Be careful that you are not looking to restrict short-term rentals...make sure you're watching for the differences between short-term and long-term. He also would consider the fact that there are individuals who have invested millions of dollars in short-term rentals and have been allowed to operate in certain ways for the last fifteen, twenty years, setting precedent. [The Planning Commission] might look to grandfather what's been existing and the new rules [could apply] moving forward. But there are individuals who have invested millions and millions of dollars in the vacation rental industry. [The Commission] should be aware of that and the ongoing precedent for many, many: years. The landline itisk kindo ofweird that this would be suggested, going backwards in technology, as a suggestion for 911 purposes, when everybody and their brother has at least one, maybe two cell phones. Ify you're not going to require a campground tol have a landline for each tent, aren't theyj just as important as aj person in a short-term rental? Hel hopes that they will strike that item out. Reverse 9-1-1 does work on cell phones, as we've all gotten the alerts. He'll be interested to see what goes forward from this committee. He  not market them as business opportunities. She thanked the Commission.  thanked the Commission.  Page 3 of20    Planning Commission Minutes- July 9, 2024  6. Cory D'Agostino: He thanked the Commission. He. just wants to talk about the two-year rule that was looking tol bei implemented. Iti is his understanding that one ofther reasons toi implement this was to allow the affordability ofhousing in the County to be accessible to everybody, not just from a home-ownership standpoint, but also from a rental standpoint. You get that when investors are coming in and buying up short-term rentals, paying more than a market price for aj property that will generate income. It does knock out a certain segment of the population to be able to purchase that home or to rent that home on a long-term basis. Putting a two-year rule ine effect, he thinks, will have some unintended consequences. One of the big ones is that if someone needs to wait two years in order to turn the property into a short-term rental, most people are not going to invest int that type of an asset. What willl happen, obviously the housing prices will come down, because there are not as many people comingi in and lookingt to purchase those houses - which is all well and fine; it will be more affordable to a segment of the population. However, one big unintended consequence of that is institutional investors, like Vacasa or BlackRock, who have extremely deep pockets; they will wait for thel housing market to become depressed and scoop up as many oft these properties as they possibly can, wait their two years, and then turn them into short-term rentals. [The Commission] will not have folks like him coming in to speak; they willl have attorneys from BlackRock. and' Vacasa instead, with extremely deep pockets. That is just one aspect that hei is looking at. He doesn't like to come with aj problem without as solution. His solution tot the problem would bet to take somebody who isl looking ati investing in short-term rentals and put a cap on how many short-term rentals they can have, with a caveat that for every - come up with a number, whether it is two short-term rentals or three short-term rentals = they must also purchase aj property that is used as a long- term rental, and that will helpt tiet the investor community in with the local community, because then you would also have long-term rentals for people who live in the community that balances out with the short-term rentals that are out there. He thanked the Commission.  New Business  A. Adoption of Minutes- June 11, 2024; June 25, 2024 Chairman Burner stated the minutes were approved. B. Lucas Homes, LLC: Rezoning (introduction)  Chairman Burner allowed some time for any necessary changes to be noted. Ms. Grech made a motion to adopt both sets of minutes as presented. Mr. Adams seconded the motion. Chairman Burner asked Mr. Hahn to conduct a roll call vote. The motion passed, unanimously (4-0). Mr. Hahn read from the packet. This is an application to rezone from Agriculture to Residential.  Lucas Homes, LLC has filed an application to rezone the following parce!:  Tax Map Number 51-(A)-69, located on Mill Creek Road, on left as leaving the Town of The applicant is requesting that the parcels be rezoned from Agriculture (A-1) to Residential (R). Ifa approved, the applicant plans to submit a Class A Subdivision for approval, creating four new lots plus the residue. The applicant has received preliminary approval from the Town for an out- of-town water request. Ifrezoned to R, the minimum lot size required in the R: zoning district with public water and an onsite sewage disposal system is 20,000 square feet. The applicant indicated Staffnotes that the Commissioner ofl Revenue still maps and assesses this property as 10.856: acres.  Luray, VA, currently containing 8.699*.  future plans to construct a news single-family homes on these new parcels.  Page 4of20    Planning Commission Minutes- July 9, 2024  However, the property owners recently recorded a non-family division plat of1.75 acres (included ina attached application packet), and the tax database and mapping will soon be reflected to match that. When this is complete, the staff-generated maps and adjoining property owner list will be Agency Comments: As required in the application, the applicant has reached out to the following  updated to reflect current ownership. agencies for comment:  Virginia Department ofTransportation (VDOT)- Per. JeffNicely:  1. The rezoning request is not expected to have a negative impact to the state- 2. Any entrance from this site onto Rt. 638 will be required to meet all applicable design standards ofthe VDOT Road and Bridge Standards including Appendix F (Access Management). VDOT will work with the developer at the plan review phase on the required design of entrance(s) to the property. Any work to be completed on the VDOT right of way is required to have a VDOT Land Use Permit and may be obtained at the VDOTI Harrisonburg Residency Office. 3. Included in the rezoning documents is an exhibit with a proposed divisionofthis property into (6) individual single-family parcels. Prior to a final flat approval, VDOT will approve entrance locations to each separate lot to each entrance meets Mr. Hahn referenced the letter included in the packet. Staff notes that one of the parcels referenced in Mr. Nicely's comments is the aforementioned recent 1.75 acre division, Page County Health Department (HD)- Perl Lynn Strickler: "This health department has no objections to the rezoning request providing that each future dwelling have aj proper means ofsewage disposal and an approved water source."Mr.] Hahn referenced the letteri included Page County Building Official- Per. James Campbell: "T have no issues with this rezoning." Page County Comprehensive Plan: 51-(A)-69 is located within the Primary Community Service Area, just south of the Town of Luray. Per the Comprehensive Plan, the purpose oft the Primary CSA is "Itjo prepare for future urban and suburban development, facilitate logical expansions of municipal boundaries and rational extensions of facilities and to contain intensive development patterns to defined (current and future) public facility service areas and preserve a rural lifestyle in Mr. Hahn referenced the goals and objectives from the Comprehensive Plan without reading them, Public sewer infrastructure does not extend past the town boundary on Mill Creek Rd. The property owners have received preliminary approval from the town for up to five new homes to be served The potential impacts of rezoning applications should be considered with all due diligence, especially if the rezoning would allow a more intensive use. Staff opinion is that approval of this application would conform to the goals and policies ofthe Comprehensive Plan and the purpose of  maintained Rt.638 (Mill Creek Road).  all state standards including the required sight distance.  which is not part ofthis rezoning.  in the packet.  the remainder of the County" (Volume 1-7). noting that these generally support the review.  by public water supply, provided approval of requisite plans  the Primary CSA.  Page 5 of20    Planning Commission Minutes- July 9, 2024  Mr. Hahn summarized the possible motions included in the staff memo. He stated hei is not sure if the applicant is present to speak to this, and he is happy to try and answer any questions the Commission, has. In general, the purpose ofthis rezoning from Agt to. Residential would allow more than one division to happen immediately, and then development of these lots as single family divisions. He noted that this is not approval ofthe: subdivision; this is approval ofthe rezoning. The subsequent approval of the subdivision would occur with his approval, with agency comments Chairman asked for any questions or comments from the Commission. Ms. Grech asked for Mr. Hahn to bring upt the plat with the proposed lots. She askedi ifthe residue lot would notl be aj proposed lot. Mr. Hahn explained that it would be a residue, so it will be one ofthei five lots. Ms. Grech stated the' Town ofLuray would limit water to fivel homes. She asked ifthe residue would be divided. Mr. Hahn stated he didn't think there were plans to do that, because they want all five lots on Town water. They could doi it, butt thel last lot would have to be on well. Mr. Lucas approached thej podium. He said the one on the corner is already 1.75, sO it meets the county criteria for 1.75. There was further discussion to clarify which portions oft the original property would actually be rezoned. The recently-split parcel that is 1.75 acres is not part ofthis rezoning. Mr. Lucas stated that the lot below itwould turn into 1.75 ifthe rest are approved. So thei five above it would get town water. This one would get private water and private sewer, Mr. Lucas stated he just wants to build nice custom homes. It is too small toi farm. The property is completely grown up. There'sreally no other use: for it. Ms. Grech stated she drove by it today; it's quite wooded. She asked ifhei is proposing to take the trees down. Mr. Lucas answered that they will need to take trees down where VDOT says for Mr. Adams asked what is limiting the Town to only five homes. Mr. Lucas said that was easy to do. Ify you goi into six or ten, they might have to get aj pressure test put on it. There is a six inch line running along the edge of the property, already. [Town Manager] Mr. Chrisman is introducing a two-inch line they need to run. They felt like this is adequate. They could have tried to put more homes on, but they didn't want to push that - they wanted to try and stay pretty nice and not all congested. Ms. Grech asked ifhe was proposing single-family dwellings. Mr. Lucas answered: yes. There was discussion of a date for the public hearing, and how it might align with the fair week. They determined that they would not interfere with fair week. Chairman Burner asked if there would be enough time to advertise if they had the public hearing on August 13. Mr. Hahn stated that there was a recent change in state code which essentially pushes up their need to advertise by av week, but there are: five Tuesdays in July, and he will be able to advertise for an August 13 public Ms. Grech mades a motion tol hold aj public hearing ont this rezoning application on August 13, 2024. Mr. Adams seconded the motion. Chairman Burner asked for a roll call vote. The motion passed  required before that.  entrances.  Mr. Lucas thanked the Commission.  hearing.  unanimously (4-0).  C. Brookside Restaurant and Gift Shop, Inc.  Ms. Richards read from the packet. Brookside Restaurant & Gift Shop, Inc., with occupant listed as Cox Property Management, LLC or its assigns, has filed an application for an SUP to operate a "recovery treatment center similar to clinically managed low-intensity care" at 2978 USI Hwy 211E, Luray, VA, and further identified by the following parcels: Tax map number 44-(A)-49 (zoned C-I), currently containing 4.275 acres, improved with arestaurant, retail and motel (cabins), with 50+ parking spaces; and  Page 60 of20    Planning Commission Minutes-J July 9, 2024  Tax map number 44-(A)-49A (zoned C-1), currently containing 0.202 acres, improved with Per the applicant, this application is for a licensed rehabilitation facility as described in Section 37.2-403 et seq. ofthe Code of Virginia. The applicant is proposing to use the existing commercial kitchen as is, to be used by the residents to prepare their meals; the gift shop for offices and a common area space for clients; the cottages for client residences; the storage and work building for support activities; and the stand-alone house at 3002 US HWY 211 E as another residence for clients. The applicants has indicated via letter from their attorney that "the residential facility contemplated could support 41 residents per day, a staff of 10 persons, and one professional counselor, and food preparation for 41 persons per day along with the ability to provide for 6 persons per month for visitation..." Pursuant to $ 125-12 D. (5) of the Page County Zoning Ordinance, Hospitals and residential care facilities to include group homes, halfway houses, adult day-care facilities, and assisted living facilities" require an SUP in the Commercial (C-1) zoning  asingle family dwelling (3002 US Hwy 211 E, Luray, VA).  district.  Other Agency Comments:  Virginia Department of1 Transportation (VDOT)- Per Mr. Hill with VDOT, "VDOT has been working with property owner and they have met all requirements needed." Health Department- Please see attached letter dated July 2, 2024 from Jim Davis, Environmental Health Manager, Sr. Among other findings, Mr. Davis's letter indicates the following "It is my understanding that proposal addresses a possible change of use of the facilities. Our office has not yet issued an onsite sewage system construction permit, but Is see no issues with permit approval once the owner applies provided the formal plans that we have not yet received do no substantially deviate from the proposal mentioned previously." Staff recommends the Planning Commission make all Health Department requirements a Building Official- Per James Campbell, Page County Building Official, "No objection to the request. Any work to be done shall get proper permits before starting work." Staffrecommends that we make the requirements from the Building Official a condition of the Page County Comprehensive Plan: Mr. Hahn read from the staff memo. Tax: map number 44-(A)- 49 falls within the Environmental Preservation Tier. Per the Comprehensive Plan, the purpose of this tier is "Tto preserve (to keep or maintain intact) and protect sensitive environmental lands, valuable open space and forests and steep slopes (25% grade or greater)" (Volume 1-9). Further, the Comprehensive Plan states the following: "This tier includes land that, because of its environmental characteristics or importance to a regional open space system, should experience Tax map number 44-(A)-49A falls within the Agricultural Protection Tier. Per the Comprehensive Plan, the purpose of the Agricultural Protection Tier is "Itlo protect (tol keep from being damaged or lost) agricultural uses and preserve the rural lifestyle and sense of community that has long defined Page County" (Volume 1-9). Further, the Comprehensive Plan states the following: "This tier is intended primarily for very low density residential development, large lot rural development and agricultural uses. Non-residential uses would serve the needs of residents in the surrounding rural areas and generally be limited to agriculture related businesses", (Volume 1-23).  condition ofthe SUP.  SUP.  little or no development" (Volume 1-24).  Page 7of20    Planning Commission Minutes-. -July9 9, 2024  Mr. Hahn stated he would read these goals and policies, first noting that this particular use is not Goal 2, Policy 2.2: "Policy 2.2 Limit the impacts of development on the community's environmentally sensitive lands and key natural resources" (Volume 1-66). Goal 2, Policy 2.3: "Protect environmentally sensitive areas such as perennial streams, floodplains, wetlands, steep slopes and highly erodible soils" (Volume 1-66). Goal 2, Policy 2.14: "Encourage the preservation and protection of views from Skyline Drive and George Washington National Forest" (Volume 1-67). Goal 6, Policy 6.2: "Encourage economic growth thati is compatible with the County'srural character while generating aj positive net cash flow for the County" (Volume 1-74). Goal 6, Policy 6.6: "Promote local employment opportunities" (Volume 1-74). Goal 6, Policy 6.9: "Encourage commercial and industrial business to locate in industrial parks and existing commercial centers or designated growth areas" (Volume 1-74). Goal 6, Policy 6.10: "Allow commercial and industrial uses in rural areas or near existing a. Does not unduly impede traffic flow on roads or intersections; b. Isr not, and does not, initiate strip development; C. Has direct access to adequate roads, railroads or airports; d. Meets all: standards for water, sewage and waste disposal; and  something that the Comprehensive Plan speaks al lot or at all to.  neighborhoods only ift the use:  Does not adversely affect surrounding agricultural or residential activities." Goal 6, Policy 6:11: "Support redevelopment of existing commercial and industrial facilities that is compatible with surrounding development" (Volume 1-74). These parcels are. zoned Commercial (C-1)and currently have a commercial use (restaurant, retail, and rental cottages) and thus is already situated for a commercial use. The proposed new use would likely have less daily traffic. No new development, besides improvements to existing buildings, is indicated in the application. Nine dwellings exist within 5001 feet measured from the outside of the parcel boundary, using existing parcel data and GIS software. This number does not include addresses within the two parcels described in the application. The Comprehensive Plan does not currently address the growing need for recovery/treatment resources. Planning staff recommends the Planning Commission consider potential adverse effects presented during the public hearing, Fiscal Impact: A change in this use from ai restaurant and short-term rental cottages would result in modest decrease to County revenue resulting from those uses. The application indicates the need Chairman Burner asked for any questions or comments. Mr. Hahn noted that Mr. Janney is present to speak. Mr.. Janney stated he represents the applicant, the landowner, and the proposed purchaser ofthe property. He stated his name was Robert Janney, for the record. He would like to answer any questions they have. As Mr. Hahn had stated, this has been a commercial property for his whole lifetime 70-some years, it has been a restaurant. It continues as a restaurant up to this day, with the rental cabins and seating for about 121 people in the restaurant. The proposed use is consistent with commercial property. He thinksallo ofthem are familiar, and have probably eaten atl Brookside. It has an extensive parking lot and has a lot of traffic when it is being used as a restaurant or as a facility. He noted that C.C. Castle and Ben Cox were present to answer. any preliminary questions they have before a public hearing. He would like the Commission to consider moving this on promptlyt toaj public hearing to convert the use, consistent with ac commercial use, which he pointed  (Volume 1-74).  should such be scheduled.  for up to 10 staff.  Page 8 of20    Planning Commission Minutes- July 9, 2024  outi is located on a four-lane highway, one oft the only highways therei is in Page County. Itisa a true Ms. Grech read from the staffmemo: "recovery treatment center similar to clinically managed low- intensity care." She asked where this reference comes from. Mr. Hahn answered that it came from the applicant. Ms. Grech stated she had a question that may be for the operator, and Mr. Janney stated he was present. Ms. Grech stated she was happy to see mention ofthis addressing local needs. We have a local population that could use the serviçes of a facility like this. She asked to what extent the local needs would be considered. Mr. Janney stated it could certainly be a source of reference by social services, by the court system, by private people who need treatment. It is for both alcoholics and mental health people or addicts. He stated Ms. Grech was quite right. The court system is quite limited for any facility in Page County. Anyone who needs these types of services gets shipped out oft the County, to Culpeper or somewhere else. It makes it difficult for family to see them or for their councilors or anyone else to meet with them. Ms. Grech stated what she is asking is, besides it being a mention in the proposal, is there any commitment or conversely any requirement that the Planning Commission can make that a certain percentage of patients be from Page County, because we. have such a need here. Mr. Janney stated he could not address what his client's commitment would be, but his response, just purely from the legal perspective is that the Commission could not ask for that. Ms. Grech stated she would like that to be verified by County counsel. She would like tol know what commitment they could make, because iti is such a need. She happens to be on the Board of the Page Free Clinic; she knows the needs of the community. We don'tprovide that type of facility, but there is a great need for this in Page County. She hopes that the applicant would make an effort to serve our local patients. Mr.Janney stated that he didn'tthink Mr. Adams stated that this was a great idea. He stated that Mr. Janney had mentioned that this is offo ofa four-lane highway. He asked if the operator has any intention of putting a security/privacy fence. He also referenced the intent to serve people with alcohol and drug addictions and maybe mentally unstable. Mr. Cox came to the podium. He stated that this is not very correct. They are primarily substance abuse. 3.1 is generally a new [audio unclear] level of care. Generally, these people aren' 't coming right off the street; they are coming from a higher level of care. They don't dispense medicine.. Iti isi nota a detox. Itis isi really more fort the recovery community. Best case: scenario for them, and their goal, is to treat the community directly that they are in. One oft the non-profits locally had somehow already tracked them down and is trying to collaborate with how they work with them and the Drug Court, because there arej just no facilities in the area. Mr. Adams stated he thinks iti is 101 feet from the cabins to 211, so hei is concerned. Mr. Cox stated it is a pretty private place, and these patients will predominately be in group during the day. Once they get to a certain level, they help them with employment back into the community, getting into schools. There is supervised housing, you have to meet with a counselor for individual counseling, and you have to attend an hour a day of group counseling forj just that level ofcare. Iti isay private setting. He doesn't think a fence is Mr. Adams clarified he wasn't meaning to lock people in, but to prevent people from taking a midnight stroll on 211. Mr. Cox stated this is probably highly unlikely. There is round-the-clock staff, a minimum of four-to-five staff during the day, and then overnight staffand security. They are constantly monitoring. The kind of program they run - if you use, you're out. This is for people who want help, want to bet there, that are trying to put their life back together, to give them al longer opportunity for stability and assimilate back into whatever their life is, whether thati is school or work or family. Mr. Adams stated he'sj just worried about the safetyofthe patients. Mr. Cox stated it is not a high-intensity inpatient treatment center. There will probably be less traffic and less activity out front than there was when it was a restaurant, by a lot. There will be organized activities which will be supervised. He doesn't see a high level of concern, personally,  commercial use.  there would be any discrimination against local patients.  Page 9 of20    Planning Commission Minutes- July 9,2024  for someone who might wander on 211.And there isa a lot ofroom between where they congregate Mr. Turner stated this was a good recommendation, but for himself, he would like to see the situation with the Health Department straightened out, because he knows there have been some issues out there before. Mr. Janney stated this would be a condition oft the special use permit. They have engaged Racey Engineering to do the engineering. Mr. Turner stated that for himself, thisi is probably a good thing for us to do, but he doesn't think he can send it to the Supervisors until he has a little more information about this and how they are going to handle it. He understands that Ms. Grech asked for clarification of one thing that has been said. This is not the type of facility where ifonel has an addiction problem, one goes as a first step. Presumably one would have already gone to a 30-day, 60-day program, and this is the transition phase. Mr. Cox stated this was correct. He stated they collaborate with all of the higher levels of care in Virginia, and we provide transportation. For example, ifwe have someone that is deemed not appropriate for this level of care because they are too sick or need al higher level of care, we work with all oft the other facilities around thes state. We do provide transportation: and coordinate the discharge with the different levels of care. Ms. Grech stated that she imagined that ift they were attempting to operate a higher level of facility, they would probably require a facility with a little more land and a little more security for the patient. Mr. Cox stated this was correct. Ms. Grech asked ifit was because oft the level of care this would provide that he doesn't think a higher level ofs security is warranted because ofthe proximity of211. Mr. Cox stated this was correct. They own and operate several oft these, both in Maryland and Virginia. They have one that just opened in Warrenton, one in Charlottesville. Ms. Grech asked ift they were a group. Mr. Cox stated yes. There are three main partners, and they are owners and operators. The Cox Property Management is the real estate company that he owns for the real estate transaction, in good faith. Should this be approved, they would create that identity for Page County. Ms. Grech stated this preempted her next question. They are professionals who have done this before. Mr. Cox added that they are also all in recovery. All of the three main partners have been in recovery for 20+ years and have gone through similar programs like this, and have gone on in our careers to work in the treatment industry trying to help other, and made a passion and a career out ofit. And they have collaborated with these facilities, together. They're not not just a tenant; they're not just a landlord. They prefer to buy the facilities sO that they have longevity. Ms. Grech asked ift that was their plan, to buy this. Mr. Cox state yes, the plan is to buy Mr. Adams asked if this was state-regulated. Mr. Cox stated yes, it is licensed by the Department Behavioral Heath by the State ofVirginia. For the last several years, they have made ita as stipulation int most states that you: alsol have tol have al national accreditation. Her mentioned: some accreditations and the extensive process to obtain those accreditations, including presenting all of the policies and procedures, your staffing measures, your employee files, everything A to Z, that you have to get approved before you even submit for your plaçes. It is a pretty rigorous examination of how you operate your business before you're even able to get licensed in the State of Virginia. Mr. Adams asked ift the licenses were, yearly. Mr. Cox stated that you have do the accreditations every three years. Sometimes it is every year, but ift they are satisfied with the company, they will do it every three years. And then every three years, they come out = itis a two-day, onsite...they go through patient records, they go through employee files, they go through staffing patterns, they go through fire drills, safety evacuation, you name it. It is at two-day, full audit, onsite. And you have to have that every three years to continue your license in the State of Virginia. Mr. Adams asked if there are yearly inspections. Mr. Cox stated that typically you have your annual inspections as required  and the four-lane highway.  we do need this in the County.  this from [Ms. Castle], and operate as specified.  Page 10of20    Planning Commission Minutes-. July 9, 2024  by fire marshal, stuff1 like that, but it depends on what the: state and county requires. He stated that COMAR is the body that creates the regulations in each state for how many patients in a square foot area, the staf-to-patient-ratio, what level of care is required to meet the requirements for licensing. All of that is reviewed before you get your license. Mr. Adams asked ifhe is saying that the State of Virginia has a pretty good handle on the situation. Mr. Cox answered that the State of Virginia is actually one of the states that is making a bigger push. They have some facilities in Maryland and Ohio, and the Virginia legislature is doing: a big push for substance abuse and mental health. There are a lot of barriers. The greatest barrier is actually this. There is a lot ofs stigma still that exists around that. And even though you can'thave morei than two degrees ofseparation where someone in your family or someone that you know has been affected by it, and it is such a big problem, there is still a lot of stigma, and everybody acknowledges there is a problem, but just don'tdo it here. The hardest part of what we do = we' re very good at treating patients. We live and breathe this stuff. There are a lot of people doing it that aren't doing as good a job. The biggest problem that we run into is people allowing us to do it in their town. So he spends a lot of time going through the State ofVirginia finding people who understand the need, that the right building, with the right zoning, or someone that is sympathetic to the use that will allow us to do it. That's where he spends most ofl his time - finding somewhere that will let us provide this kind ofhelp in the community. This one is situated better than most that we find because it is close enough to the community that it serves, but it is also not in the center of the community. That is not to say that this is even a necessity, because he has ai facility that he' s owned and operated for 13 years in the middle ofl Baltimore County. There'st traffic lights and restaurants and office buildings, and he has neverl had a complaint. Especially with this levelofcare- -iti tisnot like there areal bunch of derelicts running around destroying your town. It's people that are here to get help. We even have a professionals group, with doctors and lawyers and teachers that we had to separate because they didn't feel comfortable being in a group with patients and students and clients. That is something unique that they do in Baltimore County, because this isn't something that really discriminates. It crosses all socio-economic lines. It's not just something that happens to poor people. It's not just something that happens to uneducated people. We have clients who have graduated colleges. We have clients that are dentists. We have clients that are veterinarians. Largely successful people. We do reserve space for Medicaid patients and some people who don't have the ability or access to that, because there is a need. But it really all comes down to, when you come into the community that you are serving, how you meet them at the level oftheir needs. We do what we can, where we Ms. Grech asked if they will be accepting outpatients, as well, or just inpatients. Mr. Cox stated yes, we' 'd like to do outpatient, as well, but that is really contingent on this. First step is finding a place that has potential. Then you have to go through process of this, get permission from the community and Board to allow you do it. Then you move on to the licensing with the State. All of that stuffist not al barrier, because they know that they can dot that. Virginia's legislature has put out al letter prioritizing this level of care as a need. So, when they submit the licensing, it usually gets fast-tracked through faster than they even project, because there is such ai need. Mr. Janney stated that they would respectfully ask that this be fast-tracked here, and set a hearing. He stated he would be glad to work with Mr. Hahn to provide any additional information they would like, sO that they can address all oft that even before the public meeting. Mr. Coxasked what Mr. Turner's concern was. Mr. Turner stated there was an issue with the Health Department and sewage, but it's been a long time. Ms. Castle stated that shei is not aware oft that, and she has been the owner for 35: years. Mr. Turner stated that hel has heard there may have been an issue. Mr. Cox asked ifMr. Turner was aware that there was a study that was done by the Health Department and al local engineer to correct all ofthat. Mr. Turner stated no, and he just wants to have that cleared  can. Hopefully this will be somewhere where we can plant a flag.  Page 11 of20    Planning Commission Minutes- July 9, 2024  up before he can vote for it. Mr. Janney stated that the engineering report from Racey, and the Health Department has reviewed it and said they are happy with that proposal. They still have to follow the plan and get the permit, and that willl be one ofthe conditions oft the special use permit. Mr. Cox stated that his understandingi is thatt they want them to bring this upt to current code because oft the past issues, sO one of the findings of the Health Department as they signed off on it before we came to this point was they actually hired an engineer and did soil test studies, the engineer said this is what needs to be done to the septic system to bring it up to current code for this capacity. Racey engineering did that, and somebody from thel Health Department signed offoni it. Mr.Janney agreed. Mr. Cox stated that this application is with the contingency that all oft the requirements for upgrading the septic system are met before they open. This would have to be addressed. Chairman Burner stated that the standard language on that will have to be included in the conditions. Mr. Chairman Burner asked for a motion. Mr. Adams asked ifhe could ask one more question. Does the State of Virginia have anything where if you exceed sO many violations, you. just lose your license? Mr. Cox stated absolutely. Mr. Adams asked ifthis could be a condition. Mr.Janney stated that he's sure one of the conditions mentions that you have to comply with the regulations oft the particular department, and otherwise would be a violation of the SUP. Normally: you would have an opportunity to correct it and respond to it. But this would be an acceptable condition. Mr. Cox Ms. Grech asked Mr. Hahn how soon he can work on the conditions to address all these things we mentioned tonight for us to schedule a public hearing. She knows he has some vacation time scheduled. What is the soonest date we could schedule a public hearing. Mr. Hahn stated that if they want a chance to approve conditions before they are included in the Planning Commission packet, they would have to wait a month after the July 23rd meeting, which would be August 27. Mr. Janney stated they would welcome the opportunity to work with Mr. Hahn to develop a Ms. Grech stated she felt comfortable to make a motion to schedule a public hearing for August 27, with the understanding that [the applicant] will work with Mr. Hahni tol havea a draft ofconditions as soon as possible. Mr. Hahn stated that primarily they will be working with the Acting Zoning Administrator. Ms. Grech agreed, adding that the Acting Zoning Administrator is welcome to consult with the Planning Commission in his absence. Chairman Burner restated the motion. Mr. Adams seconded the motion. Chairman Burner asked Mr. Hahn to conduct a roll call vote. The motion passed (3-1; Ayes: Chairman Burner, Ms. Grech, Mr. Adams; Nay: Mr. Turner).  Janney stated they will comply with laws and regulations.  stated that this was pretty typical.  proposed set of SUP conditions.  Unfinished Business  A. Hills and Valley, LLC: Special Use Permit  Ms. Richards stated that, per the Commission'sreques: at the. June 25lhwork session, the packet includes a letter from Mindrolling Charitable Society granting permission for RV and camper parking in the event of any emergency, such as a flood event. The packet also includes the updated conditions for review, prior to the. July 23rd, public hearing. The applicant is present if Ms. Grech stated that she sees that the applicant is signed by a person. Who is that person? What is their title? Are they an authorized agent to represent? She noted that it is signed Mindrolling Lotus Garden, but that Ms. Richards had mentioned Mindrolling Charitable Society. Are they an authorized representative, or is this just someone who happened to be in the office? Mr. Hahn stated that it would probably be better ift there were a title, but he noted  there are any questions.  Page 12of20    Planning Commission Minutes-. July 9, 2024  that Britton Bosarge has been running Lotus Garden or Mindrolling Charitable Society for about as long as he's been employed. Ms. Grech stated that as a point of administrative- she Mr. Hahn noted that staff can't make any official changes to the conditions, as the public hearing packet has already been published for the public hearing in two weeks. Discussion Condition 4: Ms. Richards read the condition: "The owner shall send a monthly report to the Commissioner ofRevenue that includes the listing ofv vehicles and/or equipment being stored on the commercial parking facility (for tax collection purposes)." Mr. Hahn stated this was a condition included in the fairly recent commercial parking facility conditions. Ms. Grech asked ift the Zoning Administrator will get a copy oft this report so that they can verify the number of vehicles, ori is there not a certain number of vehicles. Mr. Hahn stated that the application is for a certain square footage, but the conditions could limit it to a certain number of RVs. He stated the applicant had mentioned he intended to park nine RVs. Mr. Good confirmed. Mr. Hahn stated that could be stipulated. Mr. Hahn asked Mr. Good ifh he thinks it would ever be more than nine, and Mr. Good indicated no. Ms. Grech asked if Mr. Good would have a problem with the Commission including the number of vehicles, and Mr. Good stated that nine would be fine. Ms. Grech stated it would be good for the Zoning Administrator to have a copy of the monthly report to the Commissioner of Condition 6: Ms. Richards indicated that this was here until after the public hearing. Chairman Burner stated that you can screen this as much as you want, but because oft the road elevation, it isn't going to make a difference. He isn't sure that screening is even necessary. Mr. Hahn noted that the numerous storage units aren't screened. Ms. Grech stated it doesn'tn make much sense to screen this and not the storage units, unless someone feels very strongly that this would be more unsightly than a storage unit. But it is wise to wait until after the public hearing to see ifany oft the neighbors have any serious objections. Condition 8: Mr. Hahn noted that he had added this condition based on comments from Mr. Adams at a previous meeting: "The business owner and/or operator shall maintain a flood evacuation plan and provide the plan to all customers using the facility. If the flood evacuation plan changes for any reason, the business owner/operator shall provide the updated plan to the Zoning Administrator."Ms. Grech noted that this planj probably should be communicated to the renters. Chairman Burner stated that the plan should be provided at a given time, sO within 30 or 45 days. Say they change the plan. January 1, but they don't get around to giving it to you until the middle oft the summer, did iti really do you any good tol have a copy ofwhat changed ifthere is ai flood before then?There wasi further discussion. Ms. Grech recommended adding "with the contract" to the end of the first sentence, and adding "within two weeks" or "within 30 days" to the end of the second sentence. She asked Mr. Good how soon he could do that, and Mr. Good said 30 days. There was consensus to use 30 days rather than two weeks. Mr. Adams asked staff what "material" means with regards to material noncompliance. Mr. Hahn answered that how he would interpret that is it is material to specific code or state code language. He would interpret this to be a direct violation rather than something that is more subjective.  doesn'tknow who Britton Basarge is.  included the following:  Revenue.  Page 13 of20    Planning Commission Minutes-Julys 9, 2024  Chairman Burner asked ift there were any more questions on the conditions, and there were no  further questions.  B. Zoning Ordinance Amendments: Short-term Tourist Rentals  Mr. Hahn noted that per request at the. June 25th, work session, staffworked on the SUP version, seeking to relax some of the standards and make it more like the flexible set ofr rules it should be. That version isi in the packet. Also included in the packet are two maps. One is a redo ofthe map from the last meeting, though they may not notice any changes. They were able to add a few points to the map that were not previously added due to database join error. More importantly, he added a map requested by Chairman Burner to look at STTRS relative to housing units. He used 20201 Decennial US Census block data. He noted that, as theyl had heard from public comment, he has fielded al lot ofcalls and had some meetings with folks, as he is sure the Commissioners had, regarding elements of what have been discussed in the two amendment option drafts. One common thread that they have heard tonight and that he has been asked to mention tonight ist that the 5-acre minimum would directly affect al lot of! people with parcels less than 5 acres who purchased the property specifically with STTRs in mind. He noted that the SUP option version in the packets tonight is fairly different from what was presented at an earlier meeting, and demonstrably different from the non-SUP version.  Discussion included:  A: He noted a large staff comment in the margins regarding Virginia Code that stipulates localities can't require a special use permit where the dwelling unit is also legally occupied by the property owner as his primary residence. He stated that this was something that will eventually need to be reviewed by the County Attorney, so1 the B:"The use is permitted incidental to aj permitted dwelling unit. Recreational vehicles, travel trailers, domes, tents, other nonconventional structures not approved as dwellings, and vacant land shall not be used as short-term tourist rentals." Mr. Hahn noted the earlier public comment that these two uses should not be conflated. Certainly, more work needs to be done to define yurts, domes, and non-conventional structures. Ms. Grech stated that a number of speakers may not have an opportunity to see this version and might see some content that will make them happier than the one that they were commenting on. Bear in mind this is by SUP permit. She added that as far as conflating the two, we are very careful not to do that. We are careful that the short- term rental problem and: solutioni is onet thing, and the alternative dwellings are another. This is just an intersection between the two, which is what B addresses. She commended Mr. Hahn for his work on the draft. She agreed that we should not dwell on item. A tonight, as therei is al little more work to do on that. She asked about the word "incidental," but not only, permitted dwelling units. She stated we need to be careful, as this could be interpreted to mean that you need a permanent dwelling in order to have an incidental use. Mr. Hahn stated that right now, it is incidental. Ms. Grech clarified that we mean incidental, not accessory, and Mr. Hahn agreed. Mr. Hahn noted that, to Ms. Grech's earlier point regarding earlier comments - you won'tfind the 2-year rule or the 5-acre minimum. This is replaced by the flexibility of  Commission may want to wait to discuss.  an SUP.  Page 14 of20    Planning Commission Minutes-. July 9, 2024  C:"Dwellings shall not be used for short-term tourist rentals if the use is expressly prohibited in the restrictive covenants of a residential subdivision." Mr. Hahn referenced a couple public comments on this earlier in the evening. Ms. Grech stated she lives in an HOA, like one of the speakers referred to, where it is not expressly referred to because the covenants are old. So, they may want to think about the word, "expressly." There is legal precedent to address that, and it is a Virginia precedent, if she is not mistaken. We need to look into that. Mr. Hahn stated that the word "expressly" comes from Warren County's current code. This might eventually, once we determine what the Commission's intent is, be a question for legal about what we D: Application requirements. Mr. Hahn stated that this section is for both SUP applications and Community Development Review applications for instances an SUP ist not required. Mr. Hahn explained the difference between these two applications, but noted the application requirements would be the same. However, an SUP application would be reviewed by the Planning Commission, and a Community Development Review would be reviewed by the Zoning Administrator. He asked the Commissioners tok keep this in mind, ifthey feel along the way that some oft these requirements would not be appropriate for a Community Development Review application. He read some of the requirements. Regarding D(2), Ms. Grech stated we would need to define "immediately." She isn't happy with that term; its should be more precise, as itis up for interpretation. Mr. Hahns stated! his interpretation that its should be right away. Mr. Hahn continued with site plan requirements. These are the application requirements, and are B:S Standards. Mr. Hahn summarized these requirements. For E(3), he noted regarding perimeter fencing that the 2-acre threshold was aj placeholder that should be discussed. He welcomes public comment on this. Perimeter fencing is something that has been proposed in the past during public comment regarding short-term rentals. Regarding posting of "NOTRESPASSING" signs, he noted that we have heard from neighbors for other applications for other uses that they don't want these signs along their property lines. So, this is something that needs work, and perhaps this can move to the conditions section and determine fencing and signage on a case-by-case basis after hearing public comment. Ms. Grech suggested a waiver process for this for when the neighbors don'twant signs. Regarding E(4), Ms. Grech asked ifit was as 501 ft. setback on all sides, and Mr. Hahn stated yes, which is more than what zoning districts currently require. Ms. Grech asked if this was in all zones, and Mr. Hahn stated that this was what is written: right now [ini this current draft). Ms. Grech noted that this may be a problem in the Commercial District, and Mr. Hahn agreed, referencing staff margin comment on that same concern. Chairman Burner stated that the landscaping and screening needs to move to conditions. That doesn't need to be a standard. Your assumption is that every short-term rental is located in the woods, and that's not necessarily true. Mr. Hahn stated he would shift some ofthis to conditions. Ms. Grech stated that we should keep the principal in there, that there needs to be a green belt of some kind, and then move the specifics to conditions. Chairman Burner also recommended that the "shalls" be changed to "mays" and then put in the conditions the specifics of the landscaping plan. Ms. Grech stated she disagreed, but we could move on. E(5) states: "The owner of the property must reside, or the designated property manager must have an established principal address, within 30 miles of the  can and cannot do. Ms. Grech agreed.  ascaled-down version ofthe campground ordinance.  Page 15 of20    Planning Commission Minutes- July 9, 2024  short-term rental. The owner or designated property manager must be available by phone at all hours during rental periods." He stated that this was new language and probably needs al lotofconsideration. Hey welcomed public comment on this, especially from short-term rental operators considered to be good actors in the community. Ms. Grech stated that she had the privilege to bei invited to visit the operations ofa couple short-term rentals. They consist oft the models ofthei industry. They check all the boxes; they do everything right. They are the ones we want to see be the models in what we can do. She stated, we' re not trying to make their business harder; we'dl like everybody to follow that model. She assumes this is to be the inspiration of this section. By and large the ones that she has visited with are resident on the property or within 30 miles, and are very present. They are available 24-7; they are very responsive. That is why they get a lot of repeat business and good reviews. That is what we're trying to encourage, here. We are not trying to make it more difficult for them. We'd like the whole community to follow their high standards. Mr. Hahn noted that 30 miles is basically the longest linear distance in the County, which may or may not be the appropriate distance to use. Ms. Grech stated this anticipated her next question. She asked ift this is similar to what Warren County has, and Mr. Hahn stated he thinks SO. Mr. Turner expressed concern for someone who lives in Shenandoah but has rental property in Luray along the river- that would be more than 30 miles. Mr. Hahn stated that was driving distance. He stated he could work on this as a driving distance, or make sure it is defined as linear distance or miles. Moving forward, (6) is language regarding covenants. (7) eliminates the hard cap of 10 occupants and just leaves occupancy to the Health Department, per discussion at a previously meeting. (8) changes some oft the VDOT entrance language to match recommendations from legal similar to that which will bej presented next ont the agenda. (9)i isessentially the existing language for building code requirements. (10) is the landline requirement, with the following added language: "This requirement may be waived by the Zoning Administrator ift the applicant demonstrates the short-term tourist rental is in a reliable cellular service coverage zone or if the applicant has adequate wireless networking technology (Wi-Fi) in place for guests to utilize Wi-Fi calling services. The Zoning Administrator or designee shall test cellular service at the: site to demonstrate adequate coverage before the SUP may be approved. If waived, the short-term rental operator shall disclose to guests in the contract that land line services are not provided and provide instructions on how to access E911 services." Mr. Hahn stated that the goal with this is to make sure guests have the ability to call 9-1-1. Calling 9-1-1 on a cell phone, it shouldn't matter which service you have. The "test" as he is imagining it is the Zoning Administrator dialing 9-1-1 at the site and making sure that call reaches our dispatch center. If that call goes through, the landline requirement would be waived. He invited comments from the public on whether this new language resolved the concerns. (11)isap prohibition on fireworks. (12) is language regarding lighting, which came from the campground ordinance. (13) is any other pertinent information the F:SUP requirements, which shall be considered on a site-by-site basis, which would include duration; accessibility ofe emergency services; fencing, landscaping, screening, and buffer requirements; impact oftraffic on the neighborhood, nearby residences, and mitigation thereof; additional standards to ensure the preservation ofthe rural character  Zoning Administrator may deem necessary.  of the surrounding environment.  Page 160 of20    Planning Commission Minutes- July 9, 2024  Gand F: violations and penalties. The penalties section [is derived from] the Berkley Group's draft. Ms. Grech noted that she would be happy to see a schedule of penalties similar to what we have done in recent SUPs, ina addition to what is proposed. Ms. Grech asked Mr. Hahn ifhe wanted to discuss the two new maps. Mr. Hahn noted that the first map was very similar to the map he presented thei first time, but there were about 20 missed points that "fell out" due toa database joini issue. The second map was a request by Chairman Burner to show short-term rentals relative to housing units within geographic units. Mr. Hahn stated he used census blocks as the geographic unit, and U.S. Census 2020 decennial housing unit data, along with the data used ini thej prior map for short-term tourist rentals. He stated this is a fairly reliable map, though he cautioned that some of the census blocks cover a very wide area and may be understating the short-term rental density within certain areas of the census block. However, it does generally tell the story of where short-term rentals are more densely located, relative to existing housing. The idea is that if we went the SUP route, there could be geographic areas where it could be by-right. There was further discussion. Mr. Adams asked if we ever came up with a total number of short-term rentals. Mr. Hahn stated that what he is mapping is in the 530s, not including campgrounds or hotels, but does include AirBnBs and bed-and-breaktasts, which are different categories int the Commissioner's: data. Mr. Adams stated he did a little experiment this weekend. Fort the month ofJuly, hel looked up ridaySatureay/Suncay to see what was open, and het thinks there are about 120 properties, ranging from about $100 a night to $1,000 dollars a night. That would be about 20% that were not filled up for the month Mr. Hahn noted that he is happy to work on the next steps. His intention is for this not to be on the agenda in two weeks, and to focus that meeting on alternative dwelling units. He would like to get feedback from the public to generate ideas to recommend to the Commission. He thinks his next project would be to work on the non-SUP version based on the three meetings of discussion that we've had since he introduced that. Chairman Burner asked ift there were any more questionsy.comments, and there were none. Mr. Hahn stated that this has not yet been scheduled for publicl hearing. He did receive comment back from legal, and there are two changes to discuss. Mr. Helm had noted that (2)(b)conflicted with new language in (2)(c). Staff recommends removing 2(b), which currently states: "No additional streets, roads or rights-of-way are needed to serve any parcel in the proposed division." Mr. Hahn noted the reason staff is recommending this, and the Subdivision Subcommittee came to the same conclusion, is it doesn'thave: a whole lot ofp power. Thereality is that prior to the request [to] the Clerk of the Commission to approve a 25-acre division, a right-of-way easement can be recorded. Then there will be record ofa 50: ft easement, and no "new" one would be required. The new: 2(c) language recommended by Mr. Helm states: "All parcels subject to the proposed division must be served by as street, road, or right-of-way, which provides a means ofi ingress and egress, and shall be ai minimum width of5 50 feet to a dedicated recorded public street." The new 2(e) [this should be 2(e); 2(d) was accidentally skipped] recommended by Mr. Helm states: "All new or existing entrances to a dedicated recorded public street are subject to VDOT approval, and must comply with VDOT's Road Design Manual, Appendix F, and otherwise comply with VDOT requirements. The location of the  ofJuly.  C. Subdivision ofLand Ordinance Amendments: VDOT Entrances  Page 17of20    Planning Commission Minutes- July 9, 2024  entrance shall be indicated on a plat surveyed by a Commonwealth of Virginia certified land surveyor." Mr. Hahn noted that Mr. Helm had no other recommendations on other proposed changes. What we are doing is changing the timing of VDOT approval of entrances to before the Clerk ofthe Commission signs offonapproval foranon-family, family,o or 25-acre division. Chairman Burner asked if Mr. Hahn recommended this go to public hearing. Mr. Hahn recommended it go to public hearing on the first regular meeting in August. There is already one scheduled for that date. Ms. Grech made a motion to that effect. Chairman Burner stated the motion was to have a public hearing on August 13. Mr. Turner seconded the motion. Chairman Burner asked Mr. Hahn to conduct a roll call vote. The motion passed unanimously  (4-0).  D. Zoning Subcommittee Report  Ms. Grech stated that the subcommittee met the previous week and made some headway. They keep thinking they are close to the end, but a new worm emerges from the can. But they are pretty close. The next subcommittee meeting will be Tuesday, July 16 at 4 pm. They are finalizing the first three articles of the Berkley Group's draft. What they have been discussing tonight is amendments to the existing ordinance. The subcommittee is discussing revisions to  the Berkley Group's draft for a proposed new ordinançe.  E. Subdivision Subcommittee Report  Mr. Hahn stated that the next subcommittee meeting will be Thursday, August 8 at 61 pm.  Open Citizen Comment Period  1. J.D. Cave: He thanked the Commission for the opportunity to speak again. He cautioned them to be careful regarding any possible discrimination issues regarding tourist rentals and regular rentals. Hel heard someone say they might want to consider limiting the number tourist rentals totwo, three, four. Ifhe wanted to provide so-called regular rentals for full-time housing, which there is a need for inl Page County, would he also be precluded in building two, three or four? He hopes not, because that would serve a definite need int this area as well as many other areas to provide additional housing for people who need it. He doesn't know how you can apply the yardstick for this type of dwelling and not apply it to the other type of dwelling. As we look at thee economic driversi in Page County, tourism isi number two, agriculturei ist number one. Would you limit the number of barns a farmer could build? Probably not. Or the number of storage sheds for implements and tractors that a farmer in the agricultural sector could build. Probably not. He would just caution them that whatever they draft or apply is going to be applied evenly and is not going to be challenged in a discriminatory manner. He complimented the 2. George Lockwood: Regarding the 50 ft easement, the County has 20 or 40 most of the time. He has a couple lots that are de facto subdivision lots, because the state built ai road righti in the middle of the property. He's not sure he could make 50 ft. Ifthey want to try to do that, they may want to look at special situations. His neighbor happens to be the National Forest. He doesn'tthink anybody will care ifhei is20fto or 401 ftd depending on the setback, As fara as limiting short-term rentals, agricultural is first, and we' re second. He doesn't know how many CowS are buying stuff at Wal-Mart or 7-11, but their clients are spending monies in here. He doesn't know if the impact of people coming in for short-term rentals is what it used to be, because of the economy, but weekends are primarily - like Mr. Adams said, 20%. If you add in the  Commission on their work and wished them the best.  Page 18 of20    Planning Commission Minutes- July 9, 2024  downstream effects, and how this provides income for the County of Page, he think this is good. He stated he can only speak for himself, but he has had very limited need for county services, only one for himself almost nine years [prior] before the cabins were built when someone stole a trailer and he needed to file a police report. That's the only time anyone has 3. David Reed: He saw the Commission tonight spend a lot oft time going through an SUP option for the short-term rental changes. He would encourage them to reconsider SUP requirements on short-term rentals, at least as a blanket rule. Ifhis memory goes back that far, SUPS used to be required for poultry houses in Page County. That went away after a while because ofmany lengthy hearings before the Board of Supervisors and the Planning Commission, where all the neighbors come in, and [the Commission) has been through this, they say how much they don't like the intended use or proposed use under SUP, and it essentially doesn't create a very good situation for trying to operate that business ifthe SUP is approved. [The Commission is much better off creating a set of rules that are black and white, enforcing those rules - and that's probably the biggest factor to be considered - you can make the best set of rules, but ify you don'tactually enforce them as intended, they don'thave the consequences that are desired. He would suggest that there are some short-term rentals in Page County that probably don'thave the proper permitting, don'tmeet the requirements that are in place today. He asks how many of those are being addressed on a weekly basis. Where it the list of those? Where are the violators on those? What are we doing to address those? He would bet the people sitting in this room have the proper licenses for their short-term rentals in Page County. Address the ones that are creating thei issues by not following the rules by enforcing the rules that youl have. Look at the rules that you want to put in place, which you're trying to address, and make sure they don't have any unintended consequences. But the SUP route is not the right approach. It also creates, not only when you go to apply for one, but it creates a situation where if someone is wanting to invest in Page County, and they say, "What can I do with this property?" Wel have azoning ordinance. Ifit's zoned Ag or Woland-Conservation or Residential, and I want to do a vineyard, I want to do a short-term rental, I want to do a mini-storage, want to do aj post- rehab facility, etc. - you go to the regulations and say yes, I can do this ifl meet these requirements, by-right, or no Ican't, Ihave to go through an SUP process, which subjects me tor months, typically of going through the process, neighborhood input, etc. Just make the rules black and white, make them apply. Ifthe number count is the concern, or guests in short-term rentals, trigger the SUP at al high number count. Ifit's more than ten, more than eight, whatever that numberi is - ifthat's where you think these issues become much larger . you have have an 4. Randy Howan: He thanked the Commission for the opportunity to speak. He sees they have been very busy with what they have come up with thus far, and there's a ways to go. He seconded Mr. Hahn's opinion - Virginia's Supreme Court had a ruling ten or sO years ago regarding Smith Mountain Lake, in regards to vacation rentals. Ify you do the research you'll see how they rule on that, but basically it allowed short-term vacation rentals. For all oft the lines, A, B, C, D [etc.), truly look at what you are trying to fix. What actual problems are existing? What about fireworks? You're not going to allow anything on the fourth of. July or New Year's Eve? [We are not] a city or a town. You're not going to allow a short-term rental to have a fourth ofJuly celebration, but the next door neighbor can do it? He stated he has no fireworks in his contract. But if someone comes and sets off fireworks, this subjects him to penalties. The 30-mile situation - he appreciates the intent. He lives onsite with his cabins. He responds at 2 a.m. Het tells his guests, "Quiet down, it's 10j p.m. to 8 a.m. IfIcanl hear you, I'm going to give you a warning. The second time, you're going to be evicted, Take it inside and have a good time indoors. But I don't want to hear it." He doesn't think he's ever had a complaint at his properties. But what would living within 30 miles correct? A person living  been down there.  SUP. But don'to do it blanket across the board.  Page 19of20    Planning Commission Minutes- July 9, 2024  within 301 miles can be more unavailable than: someone within 100 miles. Distance is irrelevant. You can have a sorry owner living closer than someone that lives a state away that has people someone can live in Maryland, but he has someone cleaning his properties, someone managing his properties. He appreciates thei intent. He does police his properties that way. But just to say you can't be greater than 30 miles, he doesn't think this corrects as your intending. Regarding work-force housing, ify you recall a couple years ago, the government put inj placea moratorium on evictions that would get people who weren't paying out of the property. That's why people are no longer doing long-term rentals. IfIcan't evict at any time, and I can't get a return on my investment, by golly I might as well do short-term then and get a return on my money. Whereas plumbers are charging $900 to replace three faucets. Whereas carpenters have gone from $20 an hour to $80 an hour. Inflation is what we are living in now.  Chairman's) Report Clerk's Report Adjourn  Chairman Burner had no report.  Mr. Hahn had nothing to report, nor did Ms. Richards.  Mr. Adams made a motion to adjourn. Ms. Grech seconded the motion. Chairman Burner adjourned  the meeting at 8:58 p.m.  Jared  Chairman  AeRLR  Page 20 of20