Loading...
HomeMy WebLinkAbout10/3/2023 - Minutes pOANps. ROANOKE COUNTY s4 PLANNING COMMISSION 1838 MEETING MINUTES OCTOBER 3, 2023 Commissioners Present: Mr. Troy Henderson, Chairman _ Mr. Wayne Bower Mr. Jim Woltz (arrived for the evening session) - -- r Commissioners Absent: Mr. Rick James, Vice-Chairman - _ Mr. Kelly McMurray Staff Present: - Mr. Philip Thompson, Secretary Ms. Rachel Lower, Deputy County Attorney - - -- -- - - --- - --- Mr. Alex Jones - Ms. Rebecca James =_=_— _ __- Mr. Lionel-Cruz-Cruz - Ms. Cecelia Thomas, Recording Secretary THE AFTERNOON WORK SESSION WAS CANCELED EVENING SESSION - - - Mr. Henderson called the meeting to order at 6:59 p.m. - -- Invocation - - Mr. Henderson led the invocation and pledge of allegiance. Public Hearings 1. The petition of Glenmary Drive Roanoke LLC to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use, located within the 5200 and 5300 blocks of Glenmary Drive, Catawba Magisterial District. Ms. James presented on the current use, the concept plan, and the history of the parcel. Mr. Henderson noted that this is a private business. Mr. Woltz questioned the warehouse and distribution not being allowed in the original Master Plan. Mr. Thompson noted that the intent behind the original masterplan was to make it exclusive. Mr. Thompson noted that the County has revised many masterplans since he has been here. He also emphasized that this use would only apply to lot 4 and would not apply to the entire park. Mr. Woltz questioned if someone else wanted warehouse and distribution use in this park, he verified they would also have to go through the rezoning process. Mr. Patrick Theodossiou noted that he was happy to be here and answer any questions. ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 3, 2023 Mr. Henderson opened the public hearing, and with no citizens wanting to speak, closed the public hearing. Mr. Henderson made a motion to recommend approval to amend the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use on new lot 4. The motion passed 3-0. 2. The petition of Terry Dooley, Jr. to obtain a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1, Low Density Residential District,. located at 4501 Girard Drive, Cave Spring Magisterial District. Mr. Cruz-Cruz presented — on-the-current use, proposed-use,=and-future-land-use-designation.— - — — Mr. Terry Dooley Jr., 330 Kensington Drive, noted that he read over the citizen petition that was submitted. He claims that there were no facts, no details, and no concrete - examples to oppose his permit. He claims that there is only fear and strong emotions. He stated that he does not fault them for their fears, but faults when people allow fear to dictate their actions. He does not understand what the neighbors are afraid of. He doesn't know who they think is going to come into this small community. He noted that when backto-Virginia=afterjoiaing-the-milita y,there-ar-e--no hotels_to-house families of six like his own. He wants this proposed short-term rental to be_a place for: =- larger families to stay. He noted that each guest would be vetted and logged. He - - explained that there are surveillance cameras on the property. He stated that nothing - could happen on this property without him knowing about it, now that he has the cameras after being burglarized. - Mr. Woltz questioned if the applicant was the one renting the home out, which Mr. Dooley confirmed. Mr. Woltz questioned what web sites the applicant planned to use, which Mr. Dooley answered as AirBnB. Mr. Woltz questioned if there are a set of written house rules that they must follow, which Mr. Dooley confirmed and noted that he does background checks on guests before they are allowed to stay. Mr. Wotlz questioned how he is vetting these guests. Mr. Dooley noted that he checks that the potential: guests have followed house rules during,past stays with other renters on the site. Mr. Woltz questioned if Mr. Dooley had a copy of his written rules, which he stated he did not. Mr. Woltz questioned if Mr. Dooley had a copy of the rules on the website, which Mr. Dooley noted that does not have currently but could pull off of a website. Mr. Woltz questioned how many times a year he rents out the home. Mr. Dooley noted that he has it rented out four months in the winter and four months in the spring to a professor at Virginia Western. He explained that he is just trying to cover the gaps where the home is not being rented long term. Mr. Woltz questioned if he has any age restrictions..Mr. Dooley noted that there is a restriction to 3 adults. Mr. Woltz noted that the platforms suggest an age limit of 25, and recommended Mr. Dooley consider that. Mr. Dooley noted that his target audience is families. Mr. Woltz asked if Mr. Dooley could provide staff with a copy of his house rules, to which Mr. Dooley agreed. Mr. Bower asked how long Mr. Dooley has owned the property, which was noted as 3 years. Mr. Bower asked if he bought the property to rent it, which Mr. Dooley denied stating he purchased it planning to live there with his wife. However, his wife does not want to move back to Roanoke. Mr. Bower noted that about a year after he purchased it, is when he found the Page2of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 3, 2023 Y professor to rent it 8 months out of the year, which Mr. Dooley confirmed. Mr. Bower questioned if Mr. Dooley has rented it out several times as an AirBnB, which was confirmed. Mr. Bower asked if the home was listed on AirBnB, which Mr. Dooley confirmed. Mr. Bower questioned what brings the applicant to the Planning Commission tonight. Mr. Dooley noted that he was not aware of the requirement for a permit to operate a short-term rental. Mr. Bower-questioned if he had received any complaints- from neighbors. Mr. Dooley stated he had none and had thought it might be a problem. Mr. Dooley noted that he had asked one of his neighbors across the street if he had any complaints, and the neighbor noted that he did not even notice it was being rented. Mr. Bower noted that one concern he has is that Mr. Dooley lives in Georgia. Mr. Bower questioned-who Mr. Dooley would call ifthere were concerns with the property.. Mr. Dooley noted that he would be the primary contact, but that he has friends and family that live in:the area. Mr. Bower questioned if they would be willing to be listed as a secondary contact, and he said yes. Mr. Woltz questioned if Mr. Dooley has a local manager that takes care of the property. Mr. Dooley stated he does not have a local manager; he has a friend in the area who checks on things. Mr. Woltz questioned how he does check in. Mr. Dooley noted that he, has-a--surveillance-system-since-someone-stote=everything-outside of-his-house-one night. He explained he installed the security system once everything was stolen.. Mr. Woltz questioned if his family members or friends live in the same neighborhood as the rental, which Mr. Dooley explained they do not Mr. Henderson opened the public hearing. Judy Sublett, 5837 Penguin Drive, thanked the Planning Commission for allowing her to speak. She noted that-not all of her neighbors were able to attend that some of them have fears of repercussions of speaking at the Public Hearing. She noted that she sent a petition to staff that had 70 signatures, representing over 90% of the homes in the neighborhood asking that Planning Commission and the Board of Supervisors to reject - the special use request. She explained that Eton Hills is a unique neighborhood, a lovely;quiet, safe neighborhood, shaped like a large cul-de-sac with one entrance/exit. It covers about one third of a mile in total. Neighbors know and look out for each other. The entrance of the neighborhood is within a quarter of a mile from a school. Residents rarely move from the neighborhood. She explained that her family has owned two houses in the neighborhood for over 30 years. Her parents occupied one home until they recently passed. She rented her house in Eton Hills to the same family for over 30 years. It was their home until they died. Some neighbors are original owners. Some homes have been.in the same family for at least three generations. She noted that the Dooley family has not resided in Eton Hills. They bought a neighborhood house in the middle of 2020. It has not been their home. Their home is in Peachtree City, Georgia. She argued that they do not know the neighbors or the neighborhood. Shortly after purchasing the house in the neighborhood, Mr. Dooley opened his unmanaged, unpermitted short-term rental business. His first short-term renters arrive in July of 2021. Mr. Bill Richardson should have a file showing screenshots from-the AirBnB website, where Mr. Dooley advertised "Check yourself in for$125 a night; the rental can sleep 6 and the listing can accommodate a gathering of 25 or more attendees." The first Page3of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 3, 2023 renters, two men and one woman, left shortly before the end of that same month, after damaging the property of one homeowner. Police were called. The police told the homeowner that since the renters were driving cars from Florida and New York, Roanoke County had no enforcement power in those states. However, they offered to file a police report if the homeowner wanted to pursue action on their own. Mr. Richardson's file should show that Mr. Dooley continued operating short term rentals until July 2022, when County Officials subpoenaed witnesses to court. She explained Mr. Dooley, through his attorney, stated that he did not know he was doing anything wrong, even though the AirBnB website instructs "hosts" to research and comply with local requirements. Mr. Dooley promised the court that he would stop his short term rentals. The judge gave Mr.- Dooley a warning that there would be consequences if he -- - -- had any additional complaints in the next year. Mr. Dooley was permitted to continue to rent his house to anyone willing to stay more than 30 days and continues to do so. She noted that in that time a commercial vehicle has been seen parked on the property. She noted .that Mr. Dooley's application states that the short-term rental operation will not increase stress in the neighborhood. He states that their home has never increased or applied any stress to the neighborhood. She argued that he has never used this house - as a home. He has spent few nights in the house and does not know the neighbors of the neighborhood.. He likely does not know his potential renters. She stated-that their experience with his business has already created stress for many of his neighbors. She stated their personal time, energy, and taxpayer resources have been stressed by Mr. Dooley's business. She asked the Planning Commission how they would feel having renter turnover every couple of days just a few feet from your bedroom. She asked the Planning Commissioners how they would feel when renters showed up at their home, looking for Mr. Dooley's unmarked rental. She stated that these issues are unnerving and create stress. She argued that Mr. Dooley is an absentee owner, living more than 450 miles away from his home while asking the Planning Commission to permit his short-term rental with no manager and no accountability in their neighborhood. She summarized saying that Mr. Dooley knew the zoning when he bought the house. He and his short-term renters have created stress and extra work for the neighborhood. She requested the Planning Commission to vote against the application to protect the health and safety of the neighborhood. Donna Kester, 4501 Hammond Lane, lives across the street from the proposed AirBnB. She noted that she did bring evidence of the first renters who were short-term. She explained that during their stay they backed over her mailbox, and it was never replaced. She had to piece it back together. She noted that the people staying there denied it. She explained that she filed a police report and has filed a police report since then with someone trying to break into the back of her house. Ms. Kester noted that she comes home late in the evening every night, and she is scared because she does not know who is going to be staying there. She noted her mother owned her current residence for 40 years, and she has resided therefor 8 years. She just wants to feel safe when she comes home at night. Donald Sublett, 5837 Penguin Drive, noted that his research focus on neighborhood Airbnbs and crime. He noted that he and his wife own two properties in Eton Hills. He noted that having an AirBnB in a residential neighborhood leads to an increase in crime Page4of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 3,2023 citing research from Northwestern University. He explained that research is still ongoing, but researchers say the bigger threat is the destruction of the neighborhood's natural tendencies to come together and control crime. He noted that no one wants strangers prowling the streets of a close, established neighborhood in the middle of the night. He noted short-term renters potentially have extensive criminal records including acts of physical violence,-property crimes, or aberrant psychological-disorders preying- - - - on the elderly neighbors, families or children. He concluded stating that these studies show the introduction of short-term rentals destroy the physical and psychological environments of a settled and peaceful neighborhood. He noted that this should not be allowed in Eton Hills or any other residential neighborhood in Roanoke.County. Elizabeth Mays, 4511 Hammond Lane, noted she moved into a neighborhood for it to be a neighborhood and not a hotel with people revolving in and out every few days. She does not understand why anyone would have an AirBnB in her neighborhood. Maybe downtown where it is around many attractions, but it makes no sense in a small neighborhood. She explained that her sister owns a beach house that she lists on AirBnB, and that people do lie when they check in. She reiterated that she wants her neighborhood to remain a neighborhood. She noted that there are other rental properties. She qu stiorred-that-if his gets approved,, if that-means she-willTave-three or four hotel like places in her neighborhood. She asked if the Planning Commissioners would want that in their neighborhood. Robert Perdue, 4515 Girard Drive, thanked staff for answering questions. He noted that his family moved into the neighborhood because it is small, and everyone looks out for one another. One way in, one way out, keeps everyone close. He noted that this short- term rental would be a revolving door of problems coming in and out of the neighborhood. If this property decides to do short-term rentals, what about the other. rentals in the neighborhood. He explained that this is a security risk, and that the.. neighborhood feels threatened. He noted that this is athreat to the neighborhood, and there is a lot of fear of the people coming in with ill intent. He noted there are children playing in the neighborhood. He noted strangers in the neighborhood creates a security risk. Deborah Saunders, 4532 Hammond Lane, explained that this AirBnB would create more traffic. She noted that everyone knows one another, and so she noticed the new traffic immediately. She noted that she has resided in the neighborhood for twenty-two years, and they have not moved for a reason. She noted that they could have moved, but they chose not to because it's the best neighborhood. She noted that it takes 8 minutes to walk around the block, but if you know everybody it can take an hour because you stop to talk to everyone. She explained that it is a family friendly and kid friendly neighborhood. She noted that there are some annual renters,that live there like a neighborhood family. They take care of their lawns, they knew who they are. She can respect that he wants to do this, because she does financial audits for a living. She understands short-term rentals make more money. She understands why he is here today, but when it affects you in a big way it is different. She noted that she does have cameras on her house because she is a risk manager. She noted that her video is filed with Roanoke County, so she does not know why they did not call when Mr. Dooley had Page 5of8 _ ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 3, 2023 that happen. She explained that they have had three neighbors pass this year, and it has been very hard on their community. She noted that if they see the neighborhood sign that is her. She has been keeping it up for years. She noted she would love to retire here, and would love to be able to say that she does not want to move. Melissa Dragou,-4542 Girard Drive, noted she has lived there for fifteen years. She.-- noted that she can totally see the AirBnB.thing because her and her family use AirBnB all the time. She noted that she has a daughter in Florida, a daughter in Tennessee, and a daughter that plays travel softball so her family stays in AirBnBs all the time. In fact, last year in May when she had a daughter graduating and a daughter getting married, ---- her family used Mr. Dooley's AirBnB—She-noted-that she has never stayed at an-AirBnB in such a small neighborhood before. It is only 50 homes, one way in, one way out. As many AirBnBs as she has stayed in, they get to rate her, and she gets to rate him. She noted not everyone writes reviews, so you are only getting half the story. She noted that when she rented from Mr. Dooley it stated that you could hold a party of up to 25 guests. She explained that everyone occasionally holds a party, like when her daughter graduated, but what if this could be every night. That is unthinkable.. She reiterated that in all of her travels she has never stayed in an-AirBnB in such a tight area. Elise Mitchell, 4532 Hammond Place, she explained that she knows everyone in the room. She explained that she has lived in the same home her entire life and wants to voice her opinion. She noted that she is a waitress that gets home late and does not want to worry about strangers driving through the neighborhood. She drives around and sees all of the kids playing like she used to as a kid, and having people coming in and out of the neighborhood is not safe. Otherwise, she does understand where he is coming from for money. She noted that it is important to keep this out of the neighborhood. William Catrond, 4554 Girard Drive, this house is not like a motel. It does not have any on-site maintenance or supervision 24/7. He has witnessed large parties at this house with numerous cars parked outside at night. He noted that his neighborhood is comprised of older citizens. He noted that he and his wife purchased their home their 25 years ago. He noted that the area is peaceful and quiet, and he would like to live the rest of his life in peace and quiet and safety. Brandon Mitchell, 4532 Hammond Lane, noted that he has been completely blown away by this neighborhood. He noted that the United Kingdom is nothing like this neighborhood. He noted that one of his concerns is that he ran an AirBnB for four years. He noted that someone had to be there most of the time for security issues. He does not believe that there is any way that a house in this neighborhood could operate in this neighborhood. He believes that it is based on greed and deception. He noted that he has only lived in the neighborhood for one month and knows almost everyone in the room. He explained he has never met Mr. Dooley. He noted that Mr. Dooley spoke to one neighbor, and they have a petition with 71 signatures. Mr. Henderson closed the public hearing. Page6of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 3, 2023 Mr. Bower asked Mr. Dooley if he has someone locally who takes care of the house. Mr. Dooley noted that his friends and family take care of the home. Mr. Bower asked if Mr. Dooley was aware of the listing reading that he could have up to 25 guests. Mr. Dooley stated that if it said that it was an error, but he could neither confirm nor deny if it was on there. Mr. Bower asked if Mr. Dooley was aware of the commercial vehicle with Texas plates. Mr. Dooley noted he was not aware. Mr. Bower took note of"fear of repercussions" and questioned if Mr. Dooley has attempted to speak with any of the neighbors. Mr. Dooley stated that he only spoke with Mr. Rogers two years ago. Mr. Woltz questioned how many short-term guests Mr. Dooley had in the beginning. Mr. Dooley noted that he believes he only had 4-5 guests. Mr. Bower had it clarified that when Mr:-Perdue contacted the police, it was not in relation to the property owned by- Dooley. Mr. Woltz noted that Mr. Dooley has not had many actual short term rentals stay at the home: He is allowed to rent over a month by-right. He believes that Mr. Dooley needs to provide the rules and regulations for the house. Mr. Woltz noted that he has the right to rent it, but you do not have the right to dictate who is going to rent it for 28 days any more than you can for 3-4 people. Mr. Woltz stated he is unsure if Mr. Dooley has been given the-opp'ortunity-to know if-it-would-be-detrimental to-the-community or-not-since not many people have stayed there. Mr. Woltz stated that if it becomes a problem, it goes away. Mr. Woltz questioned the process if it does become a problem. Mr. Thompson explained that Mr. Dooley would be required to provide contact information. If Mr. Dooley is in violation the zoning permit could be revoked. If there are enough issues, the Board of Supervisors can revoke the special use permit. He noted that is normally a drastic action and takes a lot of non-compliance to make that happen. Mr. Woltz made a motion to recommend approval of the special use permit to-operate as a short-term rental with three conditions: 1. The number of overnight guests shall not exceed six (6) people. 2. There shall be no gatherings consisting of more than eight (8) people at a time at the residence. 3. Applicant shall be require to provide Roanoke County staff with a list of house rules and shall be required to provide any amendments to those house rule to Roanoke County staff. The motion passed 3-0. Approval of Minutes Mr. Bower made a motion to approve the minutes from September 5, 2023, which passed 3-0. Consent Agenda: November 1, 2023 Mr. Thompson noted that there are no land use applications for November. However, staff recommends making it a 6:00 p.m. work session to review material for the Roanoke County 200 Plan. Page 7 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 3, 2023 Mr. Woltz made a motion to approve the consent agenda which passed 3-0. Comments of Planning Commissioners and Staff Mr. Thompson noted that Jake Harding is leaving Roanoke County to work for AEP as an Environmental Planner. Citizens Comments There were none. Final Orders The Board of Supervisors approved the application of the Roanoke County School Board and the application of LaTinya Lambert on September 26, 2023. Adjournment - Mr. Henderson adjourned the meeting at 8:20 p.m. - Respectfully Submitted: jjAntia- Cecelia Thomas Re ecretary, Roanoke County.Planning Commission ‘4. Philip T ompson Secretary, Roanoke County Plan ' Commission Troy Henders Chairman, R ke Cou tanning Commission Page 8 of 8