Jul 12, 2023 Planning Commission

CALLED MEETING

[1. Call to Order]

ORDER.

FIRST THING WE'RE GONNA DO IS, UM, READ OUR FOLLOWING STATEMENT.

THE CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION, THE PURPOSE OF WHICH IS TO ADVISE THE BOARD OF SUPERVISORS ON LAND USE AND PLANNING ISSUES AFFECTING THE COUNTY.

THIS RESPONSIBILITY IS EXERCISED THROUGH RECOMMENDATIONS CONVEYED BY RESOLUTIONS OR OTHER OFFICIAL MEANS.

IN ALL MATTERS OF PUBLIC RECORD, THE COMMISSION IS COMPROMISED OF SEVEN CITIZEN VOLUNTEERS APPOINTED BY THE BOARD WITH ONE REPRESENTATIVE FROM EACH VOTING DISTRICT, AND TWO AT LARGE MEETINGS.

AND IF WE COULD START THE ROLL CALL.

Y'ALL STAND FOR PLEDGE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

SO FIRST WHAT WE'RE GONNA DO, WE HAVE A CITIZEN COMMENT PERIOD.

AND THAT'S FOR ANYBODY THAT WISHES NO.

WHOOPS.

MINUTES.

SORRY.

I THOUGHT WE'RE JUST DOING

[4. Approve Minutes – June 14, 2023]

ALL RIGHT.

THE CHAIR.

ASK IF THE COMMISSION HAVE ANY CHANGES.

ADDITIONS, DELETIONS TO THE MINUTES.

EVERYONE GOOD? MOTION IS MADE.

RAISE A MOTION TO APPROVE THE MINUTES AS IS FIRST.

I'M GONNA LEARN THIS SOME YEAR.

GO TO THE ELECTION OF OFFICERS AND YOU, MADAM CHAIR.

ROLL CALL.

THE MOTION BY MR. HORAY IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON JUNE 14TH, 2023.

I'LL ABSTAIN SINCE I WASN'T A MEMBER AT THAT TIME.

UM, FOR THE MINUTES, AND WE'RE GOING TO

[5. Election of Officers for FY 2023-2024– Richard E. Hill Jr., County Attorney, presiding]

GUESS WE'RE GONNA OPEN THE FLOOR, UH, FOR THE CITIZENS, CITIZENS COMMENT PERIOD.

AT THIS TIME, UM, I WOULD ENTERTAIN A MOTION OR NOMINATION FOR THE OFFICE OF CHAIR OF THE PLANNING COMMISSION.

MADAM UH, CHAIR, IF I MIGHT, I DECLINE, UH, TO FILL THAT ROLE, I WOULD NORMALLY BE A CANDIDATE, UH, BEING VICE CHAIR, BUT HAVING, UH, CAMPAIGNED FOR BOARD OF SUPERVISORS AND, AND BEING ON THE BOARD BY NEXT JANUARY, I DECLINED TO, UH, FILL THAT POSITION.

MR. ATTORNEY.

WITH THAT BEING SAID, I'D LIKE TO NOMINATE MR. JP SMITH AS OUR NEXT CHAIRMAN.

ARE THERE ANY OTHER NOMINATIONS? NO, SIR.

SEE NONE.

I WOULD CALL FOR A VOTE ON THE NOMINATION OF JP SMITH TO BE CHAIR OF THE PLANNING COMMISSION.

THE MOTION BY MR. KING IS TO NOMINATE JP SMITH AS CHAIRMAN OF THE YORK COUNTY PLANNING COMMISSION.

AND NOW AT THIS TIME, I WOULD ENTERTAIN A NOMINATION FOR VICE CHAIR.

MR. ATTORNEY.

I NOMINATE, UH, DOUG HOWORTH FOR THE VICE CHAIR.

ARE THERE ANY OTHER NOMINATIONS? SEEING NONE.

I WOULD, UM, CALL FOR A VOTE ON THE NOMINATION OF MR. HOLROYD TO BE VICE CHAIR.

THE MOTION BY MR. TITUS IS TO NOMINATE MR. HOLROYD AS VICE CHAIR OF THE YORK COUNTY PLANNING COMMISSION.

MR. KRENER? YES.

MR. WAER? YES.

MR. HOLROYD? I ABSTAIN.

[00:05:12]

YOU PASS THAT ON TO ME.

GET YOUR THING.

I BROUGHT MY WATER DOWN HERE.

MR. CHAIRMAN GAVEL IS YOURS.

SHALL WE PROCEED? THANK YOU VERY MUCH.

UM, AND TO BEGIN WITH, I'D LIKE TO WELCOME OUR NEWEST, UH, COMMISSIONER, UH, ONTO THE COMMISSION.

UM, IT'S A PLEASURE TO HAVE YOU JOIN US.

I KNOW YOU SPENT SOME TIME ON THE BOARD OF SUPERVISORS AND, UH, AND WE'RE EXCITED TO HAVE YOU ON THE, ON THE COMMISSION NOW.

THANK YOU, JUDGE.

WELCOME.

THANKS.

UH, AT THIS TIME, I

[6. Citizen Comments]

UH, AND THIS IS AN OPPORTUNITY FOR CITIZENS TO COME FORWARD, UH, AND ADDRESS THE COMMISSION ON ANY ISSUE THAT IS NOT, UH, CURRENTLY ON THE AGENDA.

UH, AND AT THIS TIME, INVITE ANYONE TO COME UP THAT HAS ANY, UH, OPTIONS OR ANY, UM, INFORMATION THAT THEY WOULD LIKE TO SHARE WITH THE COMMISSION.

EXTERIOR ALTERATIONS OR ADDITIONS TO THE HOUSE AT THIS TIME.

HAVING SEEN NONE, UH, WE'LL NOW PROCEED TO OUR PUBLIC HEARING.

UH, STAFF WILL GIVE A PRESENTATION, UH, FOR OUR COMMISSIONERS, UH, A ALLOW OF COMMISSIONERS TO ASK SOME QUESTIONS, AND THEN WE'LL OPEN UP THE PUBLIC HEARING.

UH, INCIDENTALLY, TONIGHT WE HAVE THREE, UM, PUBLIC HEARINGS.

TWO OF THEM WILL BE PRESENTED TOGETHER, UH, AND THE OTHER ONE WILL BE PRESENTED SEPARATELY.

SO TURN THAT OVER TO THE STAFF NOW.

ALL RIGHTY.

GOOD EVENING FOLKS.

OKAY, READY TO BEGIN TONIGHT, WE'RE GONNA BE DISCUSSING AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE A TOURIST HOME IN AN EXISTING SINGLE FAMILY DWELLING AT 2 0 3 BETHUNE DRIVE.

SO YOU'LL SEE THERE IN YELLOW HIGHLIGHTED ON THE MAP IS THE APPLICANT'S PROPERTY AND THE SUBJECT PROPERTY.

YOU'LL SEE THAT IT'S ZONED R 13 FOR HIGH DENSITY SINGLE FAMILY RESIDENTIAL.

YOU'LL SEE THE SURROUNDING PROPERTIES ZONED IN ORANGE.

THERE ARE ALSO ZONED ARE 13.

AND ADDITIONALLY PLAN DEVELOPMENT THAT'S SHOWN IN THE GRAY THERE.

AND THAT'S THE APPLICANT'S PROPERTY.

YOU SEE THAT AS AN AERIAL, AND THAT'S HIGHLIGHTED IN YELLOW.

IT'S A STANDARD SINGLE FAMILY HOUSE, AND THAT'S A PHOTO OF THE FRONT OF THE HOUSE FOR YOU THERE.

LOOKING AT THE ADJACENT PROPERTIES, WE HAVE ALL SINGLE FAMILY DETACHED DWELLINGS AND THOSE ARE HIGHLIGHTED IN ORANGE FOR YOU.

WE'RE JUST GONNA LOOK AT A FEW OF THE ADJACENT PROPERTIES HERE.

SO WE'RE GONNA LOOK KIND OF NORTHWEST 22 0 2 200 BETHUNE DRIVE ACROSS THE STREET.

AND ON THE LEFT THERE PHOTO WE HAVE A VIEW OF 200.

AND THEN ON THE RIGHT, THAT'S 2 0 2 BETHUNE DRIVE, AND THAT'S A VIEW STANDING FROM THE SUBJECT PROPERTY.

LOOKING ACROSS THE STREET, WE'RE GONNA BRIEFLY ALSO LOOK NORTHEAST AND THEN SOUTHWEST TO THOSE ADJACENT PROPERTIES AS WELL.

PICTURE ON THE LEFT, THERE IS A VIEW OF 2 0 5 BETHUNE DRIVE.

THAT'S TO THE NORTH.

AND THEN AS WE WALK SOUTH DOWN BETHUNE DRIVE TOWARDS LUTHER, WE HAVE THE SIDE YARD OF 1 0 9 LUTHER DRIVE.

PHOTO ON THE LEFT IS THE SIDE YARD THAT ABUTS BETHUNE DRIVE.

YOU CAN SEE ON THE RIGHT THERE, THAT PHOTO IS FROM THE SUBJECT PROPERTY, THE BACKYARD.

YOU CAN SEE THAT THE BACKYARD OF 1 0 9 LUTHER DRIVE ABUTS THE BACKYARD OF THE APPLICANT'S PROPERTY.

SO THE APPLICANT HAS PROVIDED YOU WITH A FLOOR PLAN OF THE RESIDENCE.

TONIGHT.

AS YOU CAN SEE, IT'S A PRETTY STANDARD LAYOUT FOR A SINGLE FAMILY HOUSE.

WE HAVE A LIVING ROOM, DINING ROOM, KITCHEN FRONT BACK PORCH, A BATHROOM, AND TWO BEDROOMS. NOW IT'S IMPORTANT TO NOTE HERE THAT THE APPLICANT IS GOING TO BE PROPOSING TO RENT THE ENTIRE HOUSE OUT FOR WHOLE HOUSE RENTAL.

WE'RE NOT GONNA BE RENTING INDIVIDUAL ROOMS IN THEIR NARRATIVE.

THEY'VE PROPOSED TO RENT TO FOUR INDIVIDUALS OR FAMILIES OF SIX, INCLUDING CHILDREN.

AND ADDITIONALLY, THEY'RE NOT PROPOSING ANY

[00:10:01]

KIND OF MOVING ON TO PARKING.

SO WE'RE GONNA REQUIRE THREE PARKING SPACES, ONE FOR THE DWELLING, AND THEN TWO FOR EACH SLEEPING ROOM.

UM, KIND OF LOOKING AT THE STANDARD PARKING SPACE SIZE AND THEN MEASURING THE DRIVEWAY, WHICH IS ABOUT 80 FEET IN LENGTH.

AND THEN ABOUT 11 FEET IN WIDTH.

WE DETERMINE THAT THE DRIVEWAY CAN HOLD ABOUT FOUR CARS MAXIMUM FOR PARKING.

NOW MOVING ON TO TRAFFIC IMPACT.

SO LOOKING AT THET TRIP GENERATION MANUAL, SINGLE FAMILY DETACHED HOMES GENERATE ABOUT 9.4 TRIPS PER DAY ON AVERAGE.

OBVIOUSLY, AS YOU GUYS ARE WELL AWARE, SHORT TERM RENTALS, THE, IT DOES NOT GIVE US SPECIFIC ESTIMATES FOR THOSE.

SO WE LOOK AT COMPARABLE USES, TIMESHARE UNITS AND OCCUPIED MOTEL ROOMS. AND YOU NOTE THAT THE ESTIMATES FOR DAILY TRIPS FOR THOSE ARE UNDER WHAT'S GENERATED FOR SINGLE FAMILY DETACHED HOMES.

ADDITIONALLY, YOUR PEAK HOUR TRIPS ARE LESS THAN ONE.

SO THEREFORE STAFF CAN REASONABLY CONCLUDE THAT THERE'S PROBABLY NOT GONNA BE A NOTICEABLE IMPACT ON BETHUNE DRIVE IF THIS USE WAS APPROVED, WHICH ACTUALLY BETHUNE DRIVE ITSELF AVERAGES ABOUT 500 DAILY VEHICLE TRIPS PER VDOT.

LOOKING AT WHERE THE NEAREST TIERS HOME THAT'S APPROVED IN CONTEXT TO THIS PROPERTY.

SO THE APPLICANT'S PROPERTY IS LOCATED IN CARVER GARDENS.

THERE ARE NO OTHER APPROVED SHORT TERM RENTALS IN CARVER GARDENS.

THE CLOSEST ONE IS ACTUALLY LOCATED IN WILLIAMSBURG'S BLUFFS, WHICH THAT'S A DRIVING DISTANCE OF ABOUT 1.2 MILES.

YOU HAVE TO GO DOWN TO MERRIMACK TRAIL AND THEY KIND OF LOOP BACK UP.

THERE'S NO INTERNAL ACCESS FROM CARVER GARDENS TO WILLIAMSBURG LOFS.

SO THAT KIND OF LEADS US TO SOME OF OUR PROPOSED CONDITIONS.

UH, APPROVAL WE WOULD HAVE WHOLE HOUSE RENTAL ONLY FOR A MAXIMUM OF SIX GUESTS.

AND KIND OF KEEPING IN TRADITION WITH THESE KINDS OF APPLICATION, WE PROPOSE THE TERMINATION OF THE SPECIAL USE PERMIT UPON TRANSFER OF PROPERTY OWNERSHIP, SIGNAGE, ADVERTISING THE TOURIST HOME WOULD BE PROHIBITED IN.

ADDITIONALLY, WE WOULD REQUIRE THE PRESENCE OF THE PRIMARY RESPONSIBLE PARTY WHEN THE HOUSE IS BEING RENTED.

I'M GONNA GET INTO THAT IN THIS NEXT SLIDE.

SO KIND OF TO DISCUSS THAT LAST CONDITION.

SO THE APPLICANT HAS PROPOSED IN THEIR NARRATIVE, SINCE THEY'RE NOT GONNA BE ON SITE, THEY'RE RENTING OUT THE WHOLE HOUSE, THEY'RE PROPOSING TO HAVE THEIR PARENTS AS THEIR PRIMARY RESPONSIBLE PARTY.

AND THAT'S THE PERSON WHO'S GONNA BE RESPONDING TO EMERGENCIES COMPLAINTS OR INCIDENTS WHILE RENTALS ARE OCCURRING.

UM, THE APPLICANT'S PARENTS ARE LOCATED AT QUEENS CROSSING AND USING GOOGLE.

THAT'S ABOUT A DRIVING TIME OF 12 MINUTES AND DISTANCE OF ABOUT 5.8 MILES.

ADDITIONALLY, THE APPLICANT AND THEIR NARRATIVE ALSO MENTION THEY WOULD HAVE ADJACENT NEIGHBORS AT TWO HUNDRED AND TWO OH FIVE BETHUNE, WHO WOULD PROVIDE SOME ONSITE MONITORING WHAT RENTALS ARE OCCURRING AS WELL.

SO THAT LEADS US TO SOME OF OUR CONCLUSIONS.

SO THIS PROPOSAL IS FAIRLY CONSISTENT WITH THE TYPE AND INTENSITY OF PRIOR APPROVED USES.

AGAIN, WE'RE LOOKING AT PARKING LIMITATIONS, THE LIMITED OCCUPANCY AND SCALE OF OPERATION AND THE PROXIMITY OF THE PRIMARY RESPONSIBLE PARTY STAFF DOES NOT BELIEVE THAT THE PROPOSED TOURIST HOME WILL ADVERSELY IMPACT NEARBY PROPERTIES OR THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD.

FURTHERMORE, I'D LIKE TO HIGHLIGHT SOME DIFFERENCES WITH THIS APPLICATION.

SO THE APPLICANT STATE THAT THEY PLAN TO UTILIZE THEIR HOME AS THEIR PRIMARY RESIDENCE PART-TIME ON A WEEKLY BASIS AND THEN OFFER IT FOR SHORT-TERM RENTAL WHILE THEY'RE AT THEIR SECOND PROPERTY IN CHARLES CITY.

NOW, I KNOW THAT CONCERNS HAVE BEEN EXPRESSED, ESPECIALLY WHEN IT COMES TO AFFORDABLE HOUSING AND PEOPLE PULLING ESSENTIALLY FROM THE COUNTY'S MODERATE, UH, PRICED HOUSING STOCK AND USING IT AS COMMERCIAL TERRORIST HOMES.

AND YOU MIGHT RECALL LAST YEAR, ACTUALLY IN JULY OF LAST YEAR, THERE WAS AN APPLICATION, UM, SUBMITTED TO THE COMMISSION FOR ANOTHER HOUSE ACTUALLY ON BETHUNE DRIVING CARVER GARDENS, THAT IN THAT CASE, THAT WAS PURCHASED BY AN INVESTOR AND THAT HOUSE WAS GONNA BE OFFERED FULL-TIME FOR SHORT-TERM RENTAL, PURELY COMMERCIAL VENTURE.

THIS APPLICATION DIFFERS FROM THAT IN THE SENSE THAT THE APPLICANTS HAVE LIVED IN THEIR HOME FOR 16 YEARS, THEY'VE BEEN PRESENT THERE.

AND ADDITIONALLY, REALLY IT'S CUZ THEY'RE NOT OFFERING IT FOR SHORT TERM RENTAL FULL-TIME.

SO STAFF FEELS THAT REALLY THE SHORT TERM RENTAL ASPECT OF THE USE WOULD BE RATHER ACCESSORY TO THE RESIDENTIAL USE.

THE APPLICANT DOES HAVE TO BE LIVING IN THEIR HOUSE ON A WEEKLY BASIS AND THEY'RE HERE TONIGHT AND I'LL LET THEM KIND OF EXPLAIN THAT A LITTLE BIT MORE TO YOU.

UM, BUT IN SUMMARY, YOU KNOW, THE APPLICANTS HAVE ALSO SUBMITTED FOUR LETTERS OF NEIGHBORHOOD SUPPORT FROM SOME OF THEIR ADJACENT NEIGHBORS.

SO THEREFORE, KIND

[00:15:01]

OF BASED ON ALL THOSE CONSIDERATIONS, STAFF IS RECOMMENDING APPROVAL OF THIS APPLICATION SUBJECT TO THE CONDITIONS AND PROPOSED RESOLUTION.

HE SEE 23 DASH 15.

THANK YOU MUCH AND I'LL TAKE ANY QUESTIONS.

UH, ANY OF YOU HAVE AT THIS TIME.

THE APPLICANT IS ALSO HERE TO SPEAK TONIGHT AS WELL.

AND IF YOU HAVE ANY QUESTIONS FOR THAT, QUESTIONS FROM COMMISSIONERS, I HAVE ONE.

MR. CHAIRMAN, UH, AS I UNDERSTAND IT AND YOU PRESENTED IT, THE APPLICANTS WILL LIVE PART-TIME IN HIS HOUSE AND PART-TIME IN CHARLES CITY COUNTY.

CORRECT.

AND MAYBE THEY'RE GONNA COME UP AND TALK TO THIS, BUT WHAT'S, AND THEY'RE GONNA START MAYBE, YOU KNOW, ONE WEEK HERE AND THEN A FEW WEEKS AND THEY'LL PRINT IT OUT AGAIN OR WHENEVER IT COMES DOWN.

BUT WITH THE, WHAT IS TO PRECLUDE THEM THAT OVER TIME MM-HMM.

, THEY GO FROM ONE WEEK TO 52 WEEKS.

SO MY UNDERSTANDING, AND THEN THIS IS BASED ON MY DISCUSSIONS WITH THE APPLICANT AND ALSO ON THEIR NARRATIVE IS THAT THEY'RE GONNA ACTUALLY HAVE TO BE PHYSICALLY IN THE CARVER GARDENS HOUSE EVERY SINGLE WEEK.

UM, YEAH.

AND I'LL, I'LL LET THEM EXPLAIN THAT A LITTLE BIT MORE, UM, AS TO WHY THAT IS.

UM, THEY HAVE TO, THEY, YOU HAVE TO RESIDE IN THE HOUSE THOUGH FOR PERSONAL SITUATIONS.

SO THE, THE, THE CHARLES CITY PROPERTIES, I UNDERSTAND THE APPLICANT, UM, HAS EXPLAINED IT TO ME IS THEY'RE WORKING ON LIKE, UH, IT'S A RESIDENCE, BUT THERE'S ALSO LIKE, THERE'S SOME KIND OF BUSINESS THINGS THEY'RE DOING UP THERE.

AND SO THEY'RE, THAT'S WHY THEY'RE UP THERE PART-TIME.

BUT AGAIN, REALLY THEIR PRIMARY RESIDENCE IS THE CARVER GARDENS HOUSE MORE SO.

BUT I'LL LET THEM ANSWER, KIND OF DELVE INTO THAT QUESTION OF WHY THEY WOULD BE KIND OF PRESENT IN THIS SITUATION FOR A WHILE.

UH, THE TWO BEDROOM AND SIX PEOPLE, IS THAT MORE THAN WHAT WE NORMALLY SEEMED LIKE? I, I GOT IN MY HEAD, TWO PEOPLE PER BEDROOM.

IS THIS MORE THAN WHAT WE HAVE IN THE PAST? WELL, TIM, DO YOU WANNA SPEAK TO WE HAVE APPROVED, UH, SIMILAR SITUATIONS.

SOMETIMES YOU'VE GOT, UH, YOU KNOW, COUPLES WITH SMALL CHILDREN, UH, THAT SORT OF THING.

SO THIS IS NOT, WOULD NOT BE SETTING A PRECEDENT AS FAR AS THAT GOES.

AND A THIRD AND FINAL QUESTION SURE.

IF YOU CAN, ON PARAGRAPH 10, IT TALKS ABOUT, UH, GAS PITS, UH, TOURIST HOME TO BE FUELED BY PROPANE OR NATIONAL OUTSIDE FIRE PITS TO BE LIT, SUPERVISED, AND EXTINGUISHED BY PROPERTY OWNERS.

I'M NOT SURE WHY THAT IS IN THERE BECAUSE IF THEY'RE NOT GONNA BE THERE WHEN THE TOURIST HOME IS BEING RENTED, THEY WOULDN'T BE ABLE TO START A FIRE OR PUT IT OUT AT ALL.

SO THAT'S ACTUALLY A CONDITION THAT, UM, FIRE AND LIFE SAFETY REALLY RECOMMENDS THAT WE PUT AS A CONDITION OF APPROVAL.

UM, AND IRONICALLY WITH THE SHORT TERM RENTAL AMENDMENTS THAT WERE CONSIDERED, THAT WAS SOMETHING THAT WAS ADDRESSED, BUT THAT THOSE DIDN'T GET PASSED AS YOU'RE AWARE.

SO YEAH, I'D SAY IN A SENSE, UM, IT KIND OF PREVENTS LIKE A FIRE PIT FROM REALLY BEING UTILIZED IN THIS CASE.

CUZ AGAIN, YOU'D HAVE TO BE LIT BY THE PROPERTY OWNER.

SO THEY WOULD HAVE TO, AS I UNDERSTAND IT, COME TO THE PROPERTY.

IN LIGHT, IT JUST, IT JUST SEEMED A LITTLE WELL, AND, AND IF I COULD INTERJECT YEAH.

UM, THERE ARE SOME EXCEPTIONS TO THE FIRE CODE OR IN THE COUNTY FIRE CODE, UH, WITH REGARD TO RENTAL HOUSING VERSUS OWNERSHIP HOUSING, A LITTLE STRICTER STANDARD IN, IN SOME OF THESE, UH, OUTSIDE BURNING RULES.

AND ANOTHER CONCERN THAT FIRE AND LIFE SAFETY HAS ALWAYS EXPRESSED IS THAT, UH, YOU COULD HAVE SOMEBODY, UH, RENTING FROM SOMEWHERE, YOU KNOW, FROM OUT OF TOWN WHO MIGHT NOT BE AWARE THAT THERE'S A, UM, UH, A BURN BAN, UH, IN EFFECT.

AND SO THIS IS SOMETHING THAT, THIS IS A, THIS IS A CONDITION THAT THEY REQUEST WITH EVERY SINGLE TOURIST HOME APPLICATION.

MAYBE I FINALLY READ ONE .

ALL RIGHT.

YEAH, MR, COULD YOU JUST CLARIFY ON THE SIX PEOPLE, UH, I THOUGHT I READ THAT IT WAS MAXIMUM OF FOUR ADULTS, TWO CHILDREN.

CORRECT.

THE APPLICANT HAS IN THEIR, THEY'VE SORT OF, IN THEIR NARRATIVE, THEY'VE STATED THAT WHEN THEY OFFER IT, UM, THEY'RE GONNA BE LOOKING AT IS THE GROUP FOUR ADULTS OR IS IT A FAMILY OF SIX UP TO CH OF FAMILY OF SIX? LIKE THAT WOULD INCLUDE SMALL CHILDREN.

UM, SO WE ROUND THAT UP TO SIX OCCUPANTS TOTAL.

PHYSICAL ADDRESS.

THAT IS CORRECT.

HUH? I JUST, I WAS JUST NOTICING SOMETHING HERE ON, ON THEIR WRITEUP THAT THEY GIVE THEIR NAME AND PHONE NUMBER AND THEIR PHYSICAL ADDRESS IS IN CHARLES CITY, COUNTY.

I MEAN CHARLES CITY, VIRGINIA.

ANY OTHER THANK YOU QUESTIONS? NO.

UH, WOULD THE APPLICANT LIKE TO ADDRESS THE, UH, COMMISSION? UH, PLEASE STATE YOUR NAME AND ADDRESS AND YOU'RE LIMITED TO 10 MINUTES, INCLUDING ANYBODY ELSE THAT, THAT MAY COME FORWARD.

ALL RIGHT.

I WILL NOW OPEN

[Application No. UP-1014-23, David and Angela Barglof: Request for a Special Use Permit to authorize the establishment of a tourist home, pursuant to Section 24.1-306 (Category 1, No. 6) of the York County Zoning Ordinance, on a 0.29-acre parcel (GPIN G13d-4544-0633) located at 203 Bethune Drive (Route 1102). The property is zoned R13 (High Density Single-Family Residential) and is designated High Density Residential in the Comprehensive Plan.]

THE, UH, PUBLIC HEARING.

[00:20:01]

GOOD EVENING.

UH, MY NAME IS ANGELA BARLO AND OUR ADDRESS IS 2 0 3 BETHUNE DRIVE, WILLIAMSBURG, VIRGINIA.

UH, MY HUSBAND DAVID UFF AND I HAVE RESIDED THERE FOR, UM, OVER 16 YEARS, UM, TO ANSWER SOME OF THE QUESTIONS THAT WERE BROUGHT UP.

UM, AND PLEASE RE-ASK THEM IF I, I MISSED SOMETHING.

UM, WE HAVE THE PROPERTY IN CHARLES CITY.

SO ON THAT LETTER, I WASN'T SURE IF I SHOULD PUT WHERE WE WILL BE IF WE'RE NOT AT OUR 2 0 3 BETHUNE DRIVE RESIDENCE.

AS FAR AS THE NUMBER OF, UM, OCCUPANTS, UM, WE HAVE THE TWO BEDROOMS. SO I WAS INTENDING TO GET ACROSS THE POINT OF FOUR ADULTS, OR THERE'S A LOT OF FAMILIES THAT HAVE MORE THAN TWO CHILDREN, AND WE HAVE A QUEEN SLEEPER SOFA IN THE LIVING AREA.

SO THAT'S WHY I WANTED TO LEAVE IT OPEN WITH TO FAMILIES THAT MAY HAVE MORE THAN TWO CHILDREN, THAT THERE IS SPACE AS LONG AS THE PLANNING COMMISSION AND BOARD ARE OKAY WITH IT, THAT TWO CHILDREN ARE AVAILABLE TO SLEEP ON THE SLEEPER SOFA.

UM, NOW, UM, I WROTE UP A LITTLE SOMETHING TO HELP KEEP ME ON TRACK, BUT, UM, WE SPLIT OUR TIME BETWEEN OUR WILLIAMSBURG HOME AND OUR FARM ON IN CHARLES CITY.

UM, WE WOULD LIKE TO AIRBNB OUR WILLIAMSBURG HOUSE ON THE DAYS THAT WE SPEND ON OUR FARM BECAUSE MY HUSBAND IS A SERVICE CONNECTED, UM, DIS SERVICE DISABLED VETERAN.

AND, UM, WE LIVE ON A FIXED INCOME, SO BEING ABLE TO GENERATE SOME EXTRA INCOME SINCE WE ARE IN A VERY IDEAL TOURIST DESTINATION, WOULD GREATLY HELP RAISING US AND RAISING OUR FAMILY.

AND, UM, WE DESIRE A SHORT TERM RENTAL OVER RENTING OUR HOUSE LONG TERM.

UM, WE DID DISCUSS AND CONSIDER THAT, BUT WE REQUIRE WEEKLY USE OF MY HOME DURING THE WEEK BECAUSE MY SON SUFFERED A STROKE, UM, BEFORE HE WAS BORN.

AND HE REQUIRES INTENSIVE THERAPIES THAT TAKE PLACE AT THE HOME.

AND THEN ALSO MY HUSBAND WITH HIS DISABILITIES, HE HAS REGULAR WEEKLY THERAPIES WITHIN THE WILLIAMSBURG COMMUNITY.

SO WE WILL CONSISTENTLY AND WEEKLY BE USING OUR HOME, BUT WHEN WE'RE WORKING ON OUR FARM ON THE WEEKENDS, WE WOULD LIKE THE OPPORTUNITY TO AIRBNB OUT THE HOUSE.

UM, AND WE'VE LIVED IN THE COMMUNITY, AS I SAID, FOR 16 YEARS, AND WE'RE VERY CLOSE TO OUR NEIGHBORS IN THAT COMMUNITY.

AND ALL OF OUR NEIGHBORS HAVE SPOKEN IN SUPPORT OF US USING OUR HOME AS A PART-TIME.

AIRBNB.

UM, YOU'LL SEE THE LETTERS THAT ARE ATTACHED, BUT I DID SPEAK WITH, UM, THEM PERSONALLY, AND I UNDERSTAND THAT THERE ARE SOME THAT HAVE RESERVATIONS REGARDING THE WHOLE SHORT-TERM RENTAL CONCEPT.

AND I JUST WANTED TO REITERATE THAT ON DAYS THAT WE RENT OUR HOME, WE'RE ONLY GOING TO BE 30 MINUTES AWAY AT OUR FARM AND OUR NEIGHBOR, GLORIA, AT 2 0 5 BETHUNE DRIVE, AND OUR NEIGHBOR CARLOS, AT 200 BETHUNE DRIVE, HAVE AGREED TO CONTACT US WHEN WE'RE RENTING THE HOME, IF THERE ARE ANY, UH, SUSPICIOUS OR CONCERNING ACTIVITIES, SO THAT WAY WE CAN ADDRESS THEM.

AND MY FATHER AND MOTHER HAVE ALSO GRACIOUSLY AGREED TO BE THAT, UM, RESPONSIBLE PARTY, AND HE IS HERE THIS EVENING SHOULD YOU HAVE ANY QUESTIONS FOR HIM.

AND AS THE PRESENTATION STATED, HE'S WITHIN, UM, 10 TO 12 MINUTES OF OUR HOUSE IF THERE SHOULD BE AN EMERGENCY.

UM, OUR HOME, SINCE WE HAVE TWO YOUNG CHILDREN, IS SET UP AS A FA YOUNG, UH, FAMILY HOME, AND THEREFORE WE PLAN TO MARKET AND RENT AND SCREEN ANYONE THAT WE LET RENT OUR HOME, UM, TO MAKE SURE THAT THEY ARE FAMILIES SINCE EVERYTHING'S ALREADY EQUIPPED FOR A FAMILY WITH YOUNG CHILDREN, UM, I BELIEVE.

WAS THERE ANY OTHER QUESTIONS OF THAT YOU HAD THAT I MIGHT NOT HAVE TOUCHED ON? COMMISSIONERS, HAVE ANY QUESTIONS TO THE APPLICANT? I, GO AHEAD.

I DO.

UM, I GREW UP IN A SIMILAR SIZE HOUSE.

MM-HMM.

FIFTIES, BRICK RANCHER, THREE BOYS, MOM AND DAD.

THERE WAS FIVE OF US.

UM, IT WAS 1100 SQUARE FEET.

AND I'M JUST CURIOUS, IS THIS IS LESS THAN THAT MM-HMM.

AND OUR HOUSE WAS SO SMALL THAT, UH, WHEN MY BROTHER WANTED TO SIT DOWN, I HAD TO GO OUTSIDE .

SO, UM, I'M JUST CURIOUS HOW SIX PEOPLE COULD FIT INTO THIS HOME.

AND I ASSUME IT'S ONE BATHROOM.

I'M NOT SAYING HE CAN'T.

I HEARD YOU JUST MENTION SOMETHING ABOUT, UH, UH, SLEEPER IN THE LIVING ROOM.

AND THE LIVING ROOM IS QUITE LARGE FOR, I THINK OUR HOUSE WAS 1054 SQUARE FEET.

SO YOU CAN MAKE SOME ADJUSTMENTS MM-HMM.

, BUT, UH, CAN YOU, YOU JUST ADDRESS THAT? SIX SEEMS A LOT FOR A HOUSE THIS SIZE.

I WOULD SAY SIX ADULTS IS PROBABLY A, A COZY NUMBER, UM, BUT WITH CHILDREN, UM, I, I FEEL THE WAY THAT OUR HOUSE LIVES AND MY SON ALWAYS HAVING SLEEPOVERS THAT IT NEVER FEELS TOO CLAUSTROPHOBIC.

OUR HOUSE HAS SMALLER BEDROOMS, SO THE MAIN LIVING AREA IS VERY OPEN

[00:25:01]

UM, SO WE HAVE SET UP OUR HOUSE TO HAVE THE MAIN LIVING AREAS FEELING VERY SPACIOUS.

UM, SO IT'S NOT REALLY CLOSED OFF.

AND WE DO HAVE A LARGE SLEEPER SOFA THAT GOES ALONG THE BACK WALL, SO WHEN YOU PULL IT OUT, THERE'S NO, NO FURNITURE EVEN TO MOVE TO PULL IT OUT.

AND THEN YOU CAN TUCK IT AWAY EASILY IN THE MORNINGS AND UTILIZE IT AS A LIVING AREA.

THANK YOU MR. CHAIRMAN.

THAT'S ALL I HAVE.

ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU VERY MUCH.

THANK YOU FOR YOUR TIME.

UH, THIS TIME WE WILL, UH, HEAR FROM ANYONE THAT WOULD LIKE TO ADDRESS THIS FROM THE HONOR.

DIDN'T HAVE ANYONE SIGN UP? UH, DID WE HAVE ANYONE WHO DID NOT SIGN UP THAT WOULD LIKE TO SPEAK, UH, TO THIS APPLICATION? OKAY.

UH, HEARING NONE, THIS PUBLIC HEARING IS NOW CLOSED AND WE'LL OPEN UP FOR DISCUSSION OF THE COMMISSIONERS.

NO, NONE.

NO, WITH ALL THE NEIGHBORS ON BOARD, I FULLY SUPPORT IT.

CONCUR? UH, I DON'T, NO, I I'VE SEEN TWO, UH, MEMOS FROM NEIGHBORS WHO DIDN'T SUPPORT.

UM, AND AGAIN, IT'S THE SAME CONCEPT OF A WHOLE HOUSE RENTAL.

UM, IF IT'S ALL HOUSE RENTAL, WHY AREN'T THEY LIVING IMMEDIATELY NEARBY? UM, WE CERTAINLY SAW THAT TONE COME THROUGH FROM TWO OF THE NEIGHBORS IN CARVER GARDENS.

SO I THINK IT'S A SPLIT.

UM, THIS IS A BIT OF A HYBRID.

UH, YOU KNOW, IT IS A BIT UNUSUAL, UM, LIVING IN A DIFFERENT CITY PART OF THE WEEK AND IN, IN, UH, IN, UH, WILLIAMSBURG THE OTHER PART OF THE WEEK.

UM, I I JUST THINK IT'S, UM, THE ISSUE WE FACE IS, IS THAT, IS THAT CLOSE ENOUGH OR HAVE THE, UM, HAVE THE ALTERNATES, UM, LIVE CLOSE ENOUGH TO BE ABLE TO ADDRESS ISSUES AS THEY COME UP? I AGREE WITH YOU, DOUG, AND, AND, UM, BUT I, I DON'T SEE ANY MECHANISM TO KEEP THIS FROM EXPANDING HOPEFULLY MANY, MANY WEEKS THROUGHOUT THE YEAR AS, AS THEY PROGRESS OR AS THEY GET LITTLE BIT OLDER, THERE'S ENOUGH .

SO OLD HOUSE RENTALS, IS THAT SOMETHING WE SHOULD CONSIDER ADDING INTO THE RESTRICTIONS? COULD WE, CAN WE DO THAT WITH THE I DID NOT HEAR WHAT MR. TITUS SAID.

CAN YOU SPEAK INTO THE MICROPHONE? PLEASE? SPEAK TO THE MICROPHONE AND, YOU KNOW, SET UP AND SPEAK UP AND THEN SHUT UP.

I WAS CONCERNED ABOUT, AND I EXPRESSED IT WITH MY COMMENT WITH MY QUESTION AS, AS LIFE GOES ON, THEY COULD MOVE FROM ONE WEEK OR TWO WEEKS A YEAR TO 52 WEEKS A YEAR, AND THERE'S NO, AND THEY STILL OWN THE HOUSE, SO IT WOULD BE NO DIFFERENT REALLY THAN AN INVESTOR COMING IN AND BUYING A HOUSE AND THEN GOING OUT, EXCEPT THEY'VE, THEY'VE LIVED IN IT AND THEY KNOW THE NEIGHBORHOOD.

SO I DON'T SEE THE, THE DIFFERENCE BETWEEN THE TWO OF THEM IN AN IN TIME.

IT COULD EVOLVE TO THAT, AND I DON'T SEE ANY MECHANISM TO KEEP THAT.

NOW, MAYBE THIS IS THE CASE.

UH, THE COMMISSION SHOULD AT LEAST LIMIT THE NUMBER OF WEEKS IN A YEAR AND WASN'T THINKING ABOUT THAT BEFORE I STARTED TALKING, BUT, UH, MAYBE THIS IS ONE OF THOSE CASES WE SHOULD AT LEAST CONSIDER THAT.

WELL, UH, IF, IF THE BOARD HAD ADOPTED THOSE UH, PROVISIONS AS YOU ALL HAD RECOMMENDED, WE WOULD HAVE THAT AUTHORITY, UH, I DON'T KNOW.

WOULD THAT FALL UNDER THE, AS THE ORDINANCE IS WRITTEN NOW, WOULD THAT FALL UNDER THE RUBRIC OF REASONABLE CONDITION? I THINK SO.

YOU THINK SO? YOU THINK SO? , YOU THINK SO CONFUSED.

HOW WOULD YOU FRAME THIS? IT'S VERY ARBITRARY.

I, I DIDN'T PICK SOMETHING LIKE THAT.

I'M NOT SURE, BUT I THINK IT'S MY FAULT.

I THINK THEY CAN, UH, NOT MORE THAN HALF THE TIME BEING IN A, UH, IN A SHORT TERM RENTAL IN THIS CASE, CAN WE PUT A CONDITION UP THERE NOT TO EXCEED 50%? YES.

YOU CAN RECOMMEND THAT.

I MEAN, ULTIMATELY IT'LL BE THE BOARD OF SUPERVISORS.

RIGHT.

UH, MR. CHAIRMAN, IF I MAY, I'D LIKE TO HEAR THE APPLICANT, SO WHAT THEY FEEL, WHETHER THEY CAN MEET SOMETHING AND HOW THEY FEEL ABOUT THAT.

IS THAT ALL RIGHT? YES, PLEASE.

ONE, YOU KNOW, 50, YOU KNOW, 50% OR HOW DOES THAT GET ENFORCED, I GUESS IS MY QUESTION TOO.

UM, I WOULD BE AMENDABLE TO IT, UM, BECAUSE AGAIN, OUR INTENT IS JUST TO, UM, USE IT WHEN WE'RE NOT THERE.

USE IT AS AN AIRBNB AND WE DO HAVE WEEKLY USE NEEDS, SO THAT'S DEFINITELY SOMETHING THAT WE'D BE AMENDABLE TO.

HOW, HOW DOES THIS GET, HOW, HOW DO WE ENFORCE THIS? I MEAN, IS SOMEBODY GONNA GO AND, AND SAY, HOW MANY DAYS WERE YOU HERE AT THE HOME? HOW MANY DAYS, RANDALL? I MEAN, HOW IT SEEMS LIKE WE'RE SETTING, YOU KNOW, EITHER WE'RE APPROVING IT AS A TOURIST HOME OR WE'RE NOT.

AND SO IT JUST SEEMS THIS, YOU KNOW, IF WE'RE GONNA START SETTING CONDITIONS LIKE ON THIS

[00:30:01]

YEP.

ARE WE OPENING OURSELF UP TO GOOD QUESTION.

SOME KIND OF THING THAT WE CAN'T REALLY YEAH, WE PICKED THAT AROUND AFTER SEVERAL YEARS.

IT HELPS.

ENFORCE IT.

SO, YEAH, DON'T, IT WOULD BE VERY DIFFICULT TO ENFORCE.

YOU'RE CORRECT ABOUT THAT.

MR. WASMER, UH, ONE OF THE OTHER AMENDMENTS THAT WE HAD PROPOSED WAS REQUIREMENT THAT THEY KEEP A GUEST LOG.

UH, IN WHICH CASE, PRESUMABLY, UH, IF WE HAD THAT IN PLACE, YOU KNOW, ZONING STAFF COULD PERIODICALLY REQUEST TO SEE THE GUEST LOG.

BUT, BUT YOU'RE RIGHT, IT'S, UH, BASICALLY UNENFORCEABLE AS THINGS ARE NOW.

TRANSIT DOCUMENTS FILE.

SO DO WE WANT TO PROPOSE A RECOMMENDATION TO ADJUST THAT OR DO WE THINK THAT IS SOMETHING THAT WE, WE SHOULD TRY TO DO? MR. CHAIRMAN, I MOVE THAT WE FORWARD PC 2315 ONTO THE BOARD OF SUPERVISORS.

AS IS.

NEXT APPLICATION LOCATION, AND AGAIN, THAT I KNOW YOU'LL EXPLAIN THIS, BUT WE HAVE TWO, UM, APPLICATIONS BEING PRESENTED AT ONE TIME.

THE MOTION BY MR. REINER IS ADOPT PC DASH PC 23 DASH 15 TO RECOMMEND APPROVAL OF AN APPLICATION TO AUTHORIZE A TRUIST HOME AT 2 0 3.

[Application No. ZM-197-23, Flipping Flea LLC & Application No. UP-1015-23, Flipping Flea LLC]

BELT ROAD, AND SO UNDERSTOOD UNDERSTOODED 45 FOOT GREEN BELT BUFFER IS REQUIRED, UH, ALONG MOTOWN.

UH, GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE COMMISSION, LET ME PULL UP MY PRESENTATION HERE.

THIS IS TWO APPLICATIONS BEING CONSIDERED, UH, AS A SINGLE CASE.

UH, THE REZONING APPLICATION, ZM 1 97 23, USE PERMIT APPLICATION UP 10 15, 23.

AND THE REZONING APPLICATION IS A REQUEST, UH, TO REZONE 1.6 ACRES ALONG MOTOWN ROAD FROM ECONOMIC OPPORTUNITY TO GENERAL BUSINESS.

AND THE USE PERMIT APPLICATION IS TO AUTHORIZE THE ESTABLISHMENT OF A SHED, UM, SALES AND DISPLAY LOT ON THE PROPERTY.

UH, THE APPLICANT IS, UH, NANCY LEE, A YORK COUNTY RESIDENT, UH, DOING BUSINESS AS THE FLIPPING FLEA LLC.

UH, THE APPLICANT CURRENTLY OWNS AND OPERATES A, UH, SPECIALTY COFFEE, TEA, AND DONUT SHOP, UH, CALLED THE SIPPING FLEA ON RICHMOND ROAD IN JAMES CITY COUNTY.

UH, ON THAT SAME SITE, SHE ALSO HAS A COUPLE OF, UH, FLEA MARKETS, FLIPPING FLEA ONE AND FLIPPING FLEET TWO.

UH, SHE DOES NOT OWN THE OWN THE PROPERTY AND IT IS ON THE MARKET TO BE SOLD.

SO IN ANTICIPATION OF THE PROPERTY SELLING AND, UH, HER HAVING TO VACATE AND FIND A NEW LOCATION, UH, SHE HAS, UH, SUBMITTED THIS APPLICATION TO BASICALLY RELOCATE THE SIPPING PLEA BUSINESS, UH, TO YORK COUNTY.

THE PROPERTY TWO PARCELS, ACTUALLY TOTAL ACRES OF 1.6, UH, ACRES.

IT'S IN THE, UH, LITTLE TRIANGULAR AREA BETWEEN, UH, MOTOWN ROAD, OLD MOTOWN ROAD AND HORNER LANE, UH, UH, ACROSS, UH, MOTOWN ROAD FROM THE FERGUSON SHOWROOM.

YOU MAY RECALL THE AUTO HOUSE APPLICATION FROM A COUPLE MONTHS AGO.

THIS IS JUST A LITTLE BIT NORTH.

AND, UH, ON THE OTHER SIDE OF THE STREET.

UH, FROM THAT, UH, FROM THAT SIDE, WHICH IS LOCATED RIGHT HERE, UH, THE PROPERTY IS ZONED ECONOMIC OPPORTUNITY, AS IS ALMOST ALL THE PROPERTY AROUND IT.

UH, HOWEVER, ON THE JAMES CITY COUNTY SIDE, OLD MOTOWN ROAD IS THE BOUNDARY BETWEEN YORK AND JAMES CITY COUNTY IN THIS AREA ON THE JAMES CITY COUNTY SIDE.

THE PROPERTY, UH, THAT AREA IS ZONED, UH, R TWO, WHICH IS A GENERAL RESIDENTIAL, UH, UH, ZONING DISTRICT.

THE, UH, PROPERTY I MENTIONED YOU, UH, FERGUSON, UH, SHOWROOM ACROSS MOTOWN ROAD, UH, DIAGONAL TO THE, UH, SUBJECT PROPERTY IS THE MICHAEL COMMONS OFFICE COMPLEX ON B FONTS

[00:35:01]

BOULEVARD.

AND THEN ACROSS HORNER LANE IS THE, UH, UH, WINBURG AREA TRANSIT AUTHORITY, THE SITE, FUTURE SITE OF THE WILLIAMSBURG AREA TRANSIT AUTHORITY, UH, TRANSFER STATION THAT, UH, WAS APPROVED.

YOU ALL MAY RECALL A COUPLE YEARS AGO THROUGH A SPECIAL USE PERMIT, THE PROPERTY, AS I SAID, IS ZONED EO UH, STORAGE SHED.

SALES AND DISPLAY ARE NOT A PERMITTED USE IN EO.

THEY ARE PERMITTED WITH A USE PERMIT IN GB.

SO THE APPLICANT HAS, UH, SUBMITTED THE REZONING APPLICATION TO MAKE A GB TO MAKE STORAGE SHEDS AN ALLOW AN ALLOWABLE USE.

NOW, THE OTHER RESULT OF THAT ACTION WOULD BE THAT THE COFFEE SHOP WITH THE DRIVE THROUGH WINDOW WOULD BECOME A USE PERMITTED AS A MATTER OF, RIGHT? MM-HMM.

UH, SO THERE ARE, UH, A COUPLE OF THINGS INVOLVED WITH THESE APPLICATIONS.

YOU CAN SEE THAT IT'S A, UH, UNDEVELOPED, UH, HEAVILY WOODED LOT.

UM, THERE ARE, UH, ON THE, ON THE, UH, JAMES CITY SIDE, THERE IS ONE SINGLE FAMILY DETACHED HOUSE, UH, ACROSS THE STREET HERE, UH, ON ABOUT A A 0.9 ACRE LOT.

THERE'S AN UNDEVELOPED 0.9 ACRE LOT, AND THERE'S A, UH, A LARGE 4.7 ACRE LOT WITH A SINGLE FAMILY DETACHED HOUSE THAT'S SET PRETTY FAR BACK FROM OLD MOTOWN ROAD.

COUPLE OF PICTURES.

UH, HERE WE'RE LOOKING AT, UH, NORTHBOUND NORTHTOWN ROAD.

PROPERTY IS ON THE LEFT.

AGAIN, YOU CAN SEE HEAVILY WOODED, UH, ZOOMING INTO THE INTERSECTION HERE AT MOTOWN, HOER LANE, AND B FONTS BOULEVARD.

UM, THIS IS A SIGNALIZE INTERSECTION.

AS YOU CAN SEE, THE COUNTY, UH, WENT TO GREAT EFFORT AND EXPENSE TO INSTALL SIGNAL IN THAT LOCATION.

UH, YOU CAN ALSO SEE THAT THERE IS IN PLACE A DEDICATED LEFT TURN LANE FROM MOTOWN ONTO HORNER LANE.

YOU CAN'T SEE IT IN THIS PICTURE, BUT COMING FROM THE OTHER DIRECTION, MOTOWN ROAD SOUTHBOUND, THERE IS ALSO A DEDICATED RIGHT TURN LANE.

AND, UH, THIS IS A VIEW OF HORNER LANE, UH, BASICALLY FROM OLD MOTOWN ROAD.

UH, THE INTERSECTION WITH MOR OLD MOTOWN ROAD.

HORNER LANE IS A FOUR LANE ROAD, UH, AND IT, UH, IT, UH, ONLY CARRIES APPROXIMATELY 200 VEHICLES PER DAY.

UH, SO YOU'RE TALKING ABOUT A LOT OF CAPACITY WITH VERY LITTLE VOLUME.

AND THEN IN THIS PICTURE, WE'RE LOOKING DOWN OLD MOTOWN ROAD, WHICH IS, UH, ACTUALLY A DEAD END, UH, AND THE PROPERTY, UH, ON IS, IS ON THE LEFT.

THE SUBJECT PROPERTY IS ON THE LEFT.

AND EVERYTHING YOU SEE ON THE RIGHT OF OLD MOTOWN ROAD IS IN JAMES CITY COUNTY.

AND I MENTIONED THE, UH, SINGLE FAMILY HOME IN JAMES CITY COUNTY ACROSS THE STREET.

UH, THIS IS IT.

WELL, THIS IS THE SKETCH PLAN SUBMITTED BY THE APPLICANT.

UM, COUPLE THINGS TO NOTE HERE.

WHAT THEY'RE PROPOSING IS A 2,650 SQUARE FOOT, UH, COFFEE SHOP, UH, BUILDING THAT WOULD ALSO, UH, HOUSE AN OFFICE FOR THE STORAGE SHED.

SALES.

AND ALSO, UH, DOWN HERE YOU CAN SEE THE, UH, GRAVEL, UH, SHED STORAGE, PROPOSED GRAVEL SHED STORAGE LOT.

UH, THE APPLICANT IS LOCAL DEALER FOR OLD HICKORY, UH, BUILDINGS AND SHEDS, OR BAR, UH, SHEDS, I THINK IT'S CALLED, UH, NATIONAL MANUFACTURER OF PORTABLE BUILDINGS.

UH, THEY SPECIALIZE IN, UH, HIGH QUALITY, HIGH END, UH, UH, SORT OF CUSTOMIZED, UH, PORTABLE BUILDINGS, UH, ENGINEERED CERTIFIED, UH, FREQUENTLY BUILT ON SITE.

SO WE'RE NOT TALKING ABOUT, UM, YOU KNOW, THE KINDS OF SHEDS THAT YOU MIGHT FIND, UH, DOWN THE ROAD AT, AT HOME DEPOT OR, UH, LOWE'S.

UH, SHE IS, I DON'T THINK I'VE MENTIONED THIS, BUT AT, AT HER CURRENT BUSINESS, THE SIPPING FLEET, SHE IS, UH, ALSO HAS A SHED STORAGE DISPLAY LOT OUT THERE.

AND SO SHE'S LOOKING TO MOVE THAT ENTIRE BUSINESS TO THIS LOCATION.

UH, THERE WOULD BE LANDSCAPE BUFFERS AROUND THE ENTIRE PERIMETER, UH, OF THE PROPERTY, 45 FOOT BUFFER, GREEN BELT BUFFER ALONG MOTOWN ROAD.

AS YOU MAY RECALL FROM THE AUTO HOUSE APPLICATION, UH, MOTOWN ROAD IS A GREEN

[00:40:01]

AND THEN SINCE, UH, THE PROPERTY REALLY HAS THREE FRONT YARDS, UH, SHE WILL BE REQUIRED TO MAINTAIN A 20 FOOT LANDSCAPE YARD ALONG BOTH HORNER LANE AND, UH, OLD MOTOWN ROAD, UH, AS A, AS, UH, RATHER THAN THE NORMAL 10 FOOT THAT YOU WOULD HAVE FOR SIDE YARDS OR, UH, REAR YARDS.

SO A LOT OF BUFFER OUT THERE.

UM, THE, UH, THERE WOULD BE ONE DRIVE THROUGH WINDOW, AND THE PLAN SHOWS THE 11 STACKING SPACES THAT ARE REQUIRED BY THE ZONING ORDINANCE.

THE PLAN SHOWS 33 PARKING SPACES, UH, WHICH IS FEWER THAN THE ZONING ORDINANCE REQUIRES.

UM, BUT THE ZONING ORDINANCE DOES PROVIDE A, AN OPPORTUNITY, UH, TO DEVIATE FROM THE, UH, UH, NORMAL PARKING SPACE STANDARDS IN CERTAIN SITUATIONS.

UH, SPECIFICALLY, UH, ZONING ORDINANCE CAN WAIVE THE STANDARDS IF THE DEVELOPER CAN DEMONSTRATE BASED ON PARKING DEMANDS AT COMPARABLE LOCAL USES OR ESTABLISHMENTS, AND COMPARISONS WITH I T E DOCUMENTS AND MANUALS THAT A REDUCTION IS WARRANTED.

UH, OF COURSE, WE HAVE A VERY GOOD COMPARABLE LOCAL USE TO LOOK AT, AND THAT'S HER EXISTING BUSINESS, UH, IN JAMES CITY COUNTY.

AND SHE HAS PROVIDED US WITH SOME DATA.

AS FAR AS THE NUMBER OF TYPICAL NUMBER OF VEHICLES ON A BUSY, UH, BUSY TIMES OF BUSINESS, UH, WORKS OUT TO ABOUT, UH, BETWEEN, UH, 2128, UH, VEHICLES, UH, PER OVER LIKE TWO, TWO AND A HALF HOUR PERIOD.

SO NOT A TREMENDOUS NUMBER OF VEHICLES.

THE ORDINANCE, UH, WOULD, WOULD REQUIRE, UH, 41 PARKING SPACES, WHICH SEEMS LIKE AN AWFUL LOT FOR A COFFEE SHOP WITH A DRIVE THROUGH THAT HAS ONLY 16 TABLES.

UH, I MEAN, IF THE COFFEE SHOP WERE ENTIRELY FULL AND EVERYBODY, EVERY SEAT WAS OCCUPIED AND EVERY CUSTOMER CAME IN A DIFFERENT CAR, YEAH, YOU MIGHT NEED 41 SPACES.

UH, BUT THAT'S REALLY NOT A REALISTIC SCENARIO.

SO, UH, WE THINK IN THIS CASE, THE, UH, FLEXIBILITY THAT THE ZONING ORDINANCE PROVIDES, UH, IS WARRANTED.

AND IN FACT, WHEN YOU LOOK AT THE, UH, THE CODE MENTIONS, IT MANUALS, THE, THIS IS THE INSTITUTE OF TRANSPORTATION ENGINEERS, UH, THEY HAVE A, A, UH, PARKING GENERATION MANUAL.

AND, UH, UH, FOR A USE FOR A COFFEE SHOP OF THIS SIZE, UH, THAT MANUAL WOULD RECOMMEND, UH, ONLY 28 SPACES.

SO SHE'S, UH, OVER THAT WITH 33.

UH, THERE IS A STOP GAP, UH, IN CASE FOR SOME REASON, NOT ENOUGH PARKING.

AND THAT, UH, IS A PROVISION OF THE ORDINANCE THAT SAYS THAT, UM, UH, THE, UH, UH, DEVELOPER HAS TO, UH, UH, MAINTAIN A, A, UH, A PLACE WHERE SHE COULD ADD HALF THE PARKING DEFICIENCY, UH, IF NECESSARY.

AND YOU'VE GOT THAT WITH THE GRAVEL, UH, UH, SHED STORAGE LOT.

UH, SO STAFF DOES NOT HAVE A PROBLEM WITH THE 33 SPACES.

UH, AND, UH, I'M TRYING TO THINK IF THERE'S ANYTHING ELSE.

UH, BECAUSE OF, BECAUSE, UH, YOU'VE GOT THREE FRONT YARDS, UH, THE SETBACKS ARE A LITTLE DEEPER THAN WOULD ORDINARILY BE THE CASE.

THIS PARCEL, UH, WE HAVE, UH, I CAN THINK OF TWO PROSPECTS THAT WE'VE HAD, UH, FOR THE, THIS, UH, SITE OVER THE PAST, UH, 20 YEARS.

ONE WAS A, UH, CARWASH, UH, PROPOSAL THAT WAS NEVER PURSUED.

AND ANOTHER ONE, UH, I MENTIONED THE WADA TRANSFER, UH, STATION ACROSS HORNER LANE.

UH, THEY WERE ACTUALLY LOOKING AT THIS SITE AS ALSO AS A POSSIBLE LOCATION FOR THAT TRANSFER STATION, BUT THEY DECIDED THAT WITH THE BUFFERS AND THE UNUSUAL SHAPE, UH, AND THE SIZE, UH, VARIOUS CONSTRAINTS, THAT IT JUST DID NOT WORK FOR THEM.

AND I THINK THAT'S WHAT'S PREVENTED THIS, UH, PROPERTY FROM BEING DEVELOPED, UH, HERE WITH THE, UH, STORAGE LOT.

UH, IT GIVES SOME FLEXIBILITY AS FAR AS DEVELOPING THE, UH, MAXIMIZING THE U UTILIZATION OF THE PROPERTY.

UH, THIS PROPERTY IS NOT IN THE TCM TOURIST COURT OF MANAGEMENT OVERLAY DISTRICT, BUT, UH, THE APPLICANT DID SUBMIT SOME, UH, BUILDING ELEVATIONS, UH, OF WHAT THE BUILDING WOULD LOOK LIKE.

YOU CAN SEE THE, UH, STONE, UH, ACCENT HERE ALONG THE BOTTOM.

UH, THE TEAL

[00:45:01]

COLLAR TRAFFIC IS KIND OF LIKE PARKING.

IT'S, UH, IT'S, IT'S, IN THIS CASE, IT'S A DIFFICULT THING TO GET A HANDLE ON.

NORMALLY WHAT WE DO IS WE REFER TO, I MENTIONED THE, IT, UH, IN ADDITION TO THE PARKING GENERATION MANUAL, THEY HAVE A TRIP GENERATION MANUAL.

AND THE NORMAL PROCEDURE IS, YOU LOOK IN THE TRIP GENERATION MANUAL, YOU TAKE THE, UH, AVERAGE RATE, AVERAGE NUMBER OF TRIPS PER TYPICALLY THOUSAND SQUARE FEET OF GROSS FLOOR AREA, AND YOU MULTIPLY THEM.

AND THAT GIVES YOU YOUR ESTIMATE OF TRAFFIC.

IT'S A USEFUL TOOL, BUT IT'S ONLY USEFUL WHEN THERE'S A CORRELATION BETWEEN, UH, GROSS FLOOR AREA AND THE NUMBER OF TRIPS, UH, FOR WHATEVER REASON.

I MEAN, COFFEE SHOPS, THERE ARE ALL KINDS OF COFFEE SHOPS.

THEY'RE SMALL INDEPENDENT SHOPS.

YOU'VE GOT, YOU KNOW, YOUR STARBUCKS, YOUR DUNKINS.

UM, UH, THE FACT IS THERE REALLY IS NO CORRELATION AT ALL BETWEEN GROSS FLOOR AREA AND, UH, THE NUMBER OF TRIPS GENERATED.

THE, UH, THE ID MANUAL DOESN'T EVEN PROVIDE A REGRESSION EQUATION.

UH, UH, THERE'S, THERE'S NO R SQUARED.

I DON'T WANNA NERD OUT TOO MUCH ON STATISTICS, BUT R SQUARED IS A, YOU KNOW, IS A MEASURE OF, OF CO VARIANCE, AND THEY DON'T EVEN CALCULATE THAT BECAUSE IT'S BASICALLY NON-EXISTENT.

UH, SO WHAT WE DO IN SITUATIONS LIKE THIS, UH, WE LOOK AT THE, UH, SPECIFICS OF THE CASE, THE LOCATION, UH, AND, UH, AGAIN, UH, WE DID HAVE THE EMPIRICAL DATA THAT WAS SUBMITTED BY THE APPLICANT, UH, AND THAT INDICATED THAT, UH, YOU KNOW, ABOUT 10 TO 15 VEHICLES PER HOUR AT HER CURRENT LOCATION.

NOW, OF COURSE, THAT'S GONNA PICK UP, UH, WITH THE DRIVE-THROUGH.

SHE DOES NOT HAVE A DRIVE-THROUGH AT HER CURRENT LOCATION.

UH, BUT EVEN SO, IT, IT DOESN'T SEEM LIKE IT WOULD BE A HUGE TRAFFIC GENERATOR.

AND, UH, STAFF DID IN FACT ACTUALLY VISIT, UH, HER CURRENT BUSINESS AT, UH, IN JAMES CITY COUNTY.

AND, UH, UH, WHEN WE WERE THERE FOR ABOUT AN HOUR, HOUR AND A HALF, UH, THERE WERE NEVER MORE THAN, UH, 14, UH, VEHICLES, UH, IN THE PARKING LOT.

UH, THERE WILL BE NO ONE THING THAT WE DO KNOW FOR A FACT, THERE WILL BE NO PM PEAK HOUR TRAFFIC, UH, BECAUSE THE BUSINESS WILL CLOSE AT THREE O'CLOCK.

UH, AGAIN, WE'RE NOT TALKING ABOUT STARBUCKS HERE, YOU KNOW, FIVE TO EIGHT, FIVE TO EIGHT 30 OR DUNKING DONUTS.

UH, THIS BUSINESS WILL BE OPEN FROM SEVEN TO THREE.

UM, ALTHOUGH THERE COULD BE SHED CUSTOMERS, UH, THE APPLICANT INDICATED THAT, UM, A LOT OF HER SHED CUSTOMERS FIND HER THROUGH THE INTERNET.

THEY CALL AND THEY SET UP AN APPOINTMENT AND, AND THEY MEET.

UH, AND THAT COULD BE, THAT COULD BE AFTER HOURS, UM, BUT BASICALLY NO PM PEAK POWER TRAFFIC.

UH, YOU SAW FROM THE PICTURES, THE ROAD NETWORK, UH, YOU GOT FOUR LANES ON HONER LANE, AND YOU GOT DEDICATED LEFT AND RIGHT TURN LANES ON THE HONER LANE FROM MOTOWN ROAD, FROM ALL DIRECTIONS.

YOU GOT A SIGNAL AT THE INTERSECTION.

SO THERE'S REALLY NOT, NOT MUCH MORE YOU COULD DO, UH, TO ACCOMMODATE TRAFFIC.

WE FEEL THE EXISTING ROADWAY NETWORK IS ADEQUATE TO ACCOMMODATE THIS USE.

UH, VDOT REVIEWED THE APPLICATION AND THEIR ONLY COMMENT WAS THAT WHEN, UH, WHEN A SITE PLAN IS TURNED IN, ASSUMING THE APPLICATION IS APPROVED, UH, THEY WANT TO SEE, EXCUSE ME, A TURN LANE, UH, WARRANT ANALYSIS.

UH, THERE ARE A COUPLE OF CONDITIONS PROFFERED WITH THE REZONING APPLICATION.

ONE IS THAT THE SIGN WOULD BE A MONUMENT SIGN, MONUMENT SIGN, NOT A POLE SIGN.

UH, TYPICALLY MORE AESTHETIC.

AND WE LIKE TO SEE THAT ALONG MOTOWN ROAD, UH, ESPECIALLY SINCE, UH, IT IS, UH, THE REST OF THAT QUARTER IS, IS ZONED ECONOMIC OPPORTUNITY, UM, WHERE MONUMENT SIGNS ARE REQUIRED.

AND THE APPLICANT HAS ALSO PROFFERED TO, UH, ELIMINATE VARIOUS USES THAT WOULD BE OTHERWISE BE PERMITTED IN THE GB ZONING DISTRICT IF THE REZONINGS APPROVED.

AND YOU CAN SEE THE WHOLE LIST THERE, THERE'S A WHOLE RANGE OF THEM, COMMERCIAL KENNELS, VAPE SHOPS, SMALL ENGINE REPAIR, CONTRACTOR SHOPS, TOURIST HOMES, NIGHTCLUBS, UH, PAWN SHOPS, ET CETERA.

SO IF, IF THE REZONING IS APPROVED, UH, AS IS, THESE WOULD BECOME CONDITIONS OF THE REZONING BINDING ON THE APPLICANT IN ANY FUTURE PROPERTY OWNER.

UM, THE PROPERTY HAS BEEN ZONED OR DESIGNATED THE ECONOMIC OPPORTUNITY FOR COMMERCIAL DEVELOPMENT, UH, SINCE 1991.

A LONG, LONG TIME.

UH, WE FEEL THE PROPOSED USE IS COMPATIBLE WITH THE SURROUNDING AREA.

AGAIN, YOU'VE GOT BASIC COMMERCIAL DEVELOPMENT ON

[00:50:01]

TWO OF THE THREE SIDES.

ON THE THIRD SIDES, UH, YOU'VE GOT A GOOD BUFFER.

YOU'VE GOT NO NIGHTTIME OPERATIONS.

UM, YOU KNOW, IT'S A BUSINESS THAT CLOSES AT THREE O'CLOCK IN THE AFTERNOON.

UH, SO IT'S REALLY NOT GOING TO, WE FEEL IMPOSE ON, UH, THAT HOUSE ON JAMES, ON THE JAMES CITY COUNTY SIDE OF THE LINE.

UH, SO WE RECOMMEND APPROVAL, UH, AND THIS WOULD REQUIRE TWO ACTIONS, UH, ONE ON THE REZONING APPLICATION, AND THAT WOULD BE PC 23 16 1 ON THE USE AFFIRMATIVE APPLICATION.

THAT WOULD BE PC 23 DASH 17.

UH, WE HAVE RECEIVED, UH, SOME EMAIL, WELL, UH, 17 EMAILS TO BE EXACT, UH, THAT HAVE ALL BEEN FORWARDED TO YOU FROM CITIZENS.

UH, EIGHT OF THESE ARE IN SUPPORT, FIVE IN OPPOSITION, UH, FOUR THAT ARE IN SUPPORT OF THE COFFEE SHOP, BUT IN OPPOSITION TO THE STORAGE SHED BUSINESS.

AND AS I SAID, YOU ALL HAVE RECEIVED, UH, THESE EMAILS.

I DO WANNA ADDRESS, UH, SOME OF THE COMMENTS THAT HAVE BEEN MADE TO THE EFFECT THAT THIS USE IS NOT, QUOTE UNQUOTE NEEDED, UH, IN THIS LOCATION, OR THAT THEY'D RATHER SEE SOMETHING ELSE THERE.

UM, IT'S REALLY A PRETTY, YOU KNOW, SUBJECTIVE DETERMINATION.

AND ANYONE WHO KNOWS ANYTHING ABOUT PLANNING LAW CAN TELL YOU THAT, UH, THAT IF YOU WANNA STAY OUT OF COURT, THE TWO ADJECTIVES THAT YOU WANNA STAY AWAY FROM ARE ARBITRARY AND CAPRICIOUS.

UH, WHETHER OR NOT A USE IS NEEDED OR PERCEIVED TO BE NEEDED IN A GIVEN LOCATION IS REALLY NOT FOR US TO DECIDE.

NOT THE STAFF, NOT THE CITIZENS, NOT THE COMMISSION, NOT EVEN THE BOARD OF SUPERVISORS.

THAT'S NOT WHAT THIS PROCESS IS ABOUT.

THE RELATIVE RELEVANT QUESTIONS FOR ANY LAND USE PROPOSAL ARE, IS IT AN APPROPRIATE USE IN THE GIVEN LOCATION? WILL IT HAVE ADVERSE IMPACTS ON THE SURROUNDING AREA? IS IT CONSISTENT WITH THE COMPREHENSIVE PLAN? AND WE BELIEVE THESE APPLICATIONS MEET ALL THREE OF THESE TESTS, AND WE RECOMMEND APPROVAL, UH, SUBJECT TO THE CONDITIONS IN THOSE TWO RESOLUTIONS.

UH, THE APPLICANT IS HERE, UH, HER ATTORNEY, MR. VERNON GETTY IS HERE TO SPEAK ON HER BEHALF, AND I'D BE HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME AT THIS TIME.

MR. CHAIRMAN, I JUST HAVE ONE AS MORE OF A QUESTION.

ARE THERE ANY CROSSWALKS, SIDEWALKS, BATH PATH, BIKE PATHS PROPOSED BY THE COUNTY? THERE ARE BIKE, THERE ARE SHOULDER BIKE LANES ALONG MOTOWN ROAD CURRENTLY.

I'M SORRY, WHAT WAS THE LAST PART OF YOUR QUESTION? SIDEWALKS OR, OR CROSS? NO, NO.

THERE ARE NO PEDESTRIAN, NO, THERE ARE NO SIDEWALK SIDEWALKS OR CROSSWALKS? NO, THERE ARE NO SIDEWALK.

WE, THE COUNTY HAS BEEN LOOKING AT DOING A SIDEWALK PROJECT, UH, ALONG UP IN MOTOWN ROAD B FONTS, UH, BOULEVARD AREA, UH, TRYING TO TIE INTO, UH, POSSIBLY TO ARBORDALE, UH, AND, AND MAKE IT EASIER FOR PEOPLE TO WALK TO THE SHOPPING CENTER.

UM, AND UH, SO THAT'S SOMETHING THAT'S, YOU KNOW, THAT'S IN OUR, OUR LONG RANGE PLANS, LONG RANGE PLANS.

MM-HMM.

YEAH, I JUST THOUGHT IT'D BE NEAT TO WALK FROM CENTARA THROUGH THE Y M C A, PASS THE BUS TERMINAL OVER TO GET A CUP OF COFFEE.

WELL, I MEAN, THAT'S KIND OF, THAT'S KIND OF WHAT WE'RE, WHAT WE'RE THINKING TOO.

UH, IT, IT REALLY LENDS ITSELF, UM, TO THAT.

I JUST HAVE A COUPLE OF QUESTIONS, UM, REGARDING THE, THE, THE LAYOUT OF THE FACILITY TO BE CONSTRUCTED.

SO THERE'S THE MAIN ENTRANCE, AS I SEE IT, IS GONNA BE ON HORNER LANE.

UM, IS THAT A CORRECT ASSUMPTION COMING OFF OF THE YES, THAT OTHER ENTRANCE? I DIDN'T MENTION IT, THAT'S FOR SHED DELIVERIES, SO THAT WOULD NOT GET MUCH USE.

SO THAT WOULD BE MORE LIKE A SERVICE ENTRANCE, RIGHT.

WOULDN'T BE FOR PUBLIC USE.

IN OTHER WORDS, THAT, THAT WOULDN'T BE RIGHT.

UH, OCCASIONAL, UH, DROP OFFS OF SHEDS AND, AND I GUESS MOVING THEM OUT, IF SOMEBODY BUYS A, A SHED AS IS, UH, I GUESS THAT'S, THAT'S A POSSIBILITY.

SO THE ROAD BORDERING THE RESIDENTIAL AREA WOULD NOT BE USED FOR? EXACTLY.

AND, AND I, I MEANT TO MENTION THAT.

I'M GLAD YOU DID.

UH, THE MAIN, THE MAIN ENTRANCE IS OFF OF HORNER LANE, WHICH IS OF COURSE IS ACROSS FROM A FUTURE BUS STATION.

SO THAT'S NOT GONNA BOTHER ANYBODY.

DO WE, DO WE HAVE INFORMATION ON THE TOTAL NUMBER OF CARS THAT WOULD BE IN THE DRIVE-THROUGH AT ONE TIME? YOU KNOW, WELL, 11 STACKING SPACES ARE REQUIRED.

AND THAT'S WHAT THEY'RE SHOWING ON THEIR PLAN.

ANY ISSUES OR CONCERNS OR ON, YOU KNOW, WE'VE SEEN OTHER COFFEE PLACES WHERE THE TRAFFIC CAN BACK UP INTO, UH, THROUGH THE PARKING LOT.

UH, THE ONLY ONES THAT I'M AWARE OF ARE ONES THAT DID NOT PROVIDE THE REQUIRED AMOUNT OF STACKING.

SO WE'RE, WE'RE COMFORTABLE WITH, I MEAN, WE, WE, THE, THE STARBUCKS DOWN ON, ON, UH, 17 AND ORIENTA, IT'S A VERY TIGHT SITE.

UH, I MENTIONED THE PARKING WAIVER.

A PARKING WAIVER WAS APPROVED,

[00:55:01]

UH, FOR THAT FACILITY.

UH, IT DOES NOT MEET THE, UH, THE NORMAL PARKING STANDARDS FOR A COFFEE SHOP OR A DRIVE-THROUGH RESTAURANT.

SO STAFF DOESN'T FEEL THAT THAT'S AN ISSUE WITH OH, NO, NO, NO.

11 SECOND SPACES PLENTY.

AND FINALLY, THE, UH, UH, THE, THE BUFFER, UH, IT'S A PRETTY GOOD SIZED BUFFER THAT, THAT IS DESIGNED AROUND THE ACTUAL, THE EXISTING LOT.

ARE WE KEEPING, OR IS THE INTENT FOR THEM TO KEEP THE MATURE TREES THAT ARE THERE? OR ARE WE GONNA CLEAR CUT AND PLANT FRESH OR, SO IN OTHER WORDS, IS THAT VISUAL BUFFER BETWEEN THE, THE NEW FACILITY AND THE NEIGHBORHOOD GOING TO BE SUSTAINED AS IT IS THEN? OR WHAT, WHAT NEIGHBORHOOD ARE YOU REFERRING TO? THE, UH, I DUNNO IF YOU CAN PULL UP THE PICTURE OF THE PLOT WITH THE SHOWING THE BUFFER.

SO THE BUFFER, YOU'RE TALKING ABOUT THE BASICALLY ALONG THE RED LINE, IS THAT CORRECT? YOU'RE TALKING ABOUT THE HOUSE, THE HOUSE, A COUPLE HOUSES IN JAMES CITY COUNTY, CORRECT.

ON THE OTHER SIDE OF OG MOTOWN ROAD.

SO HEAVIER LANDSCAPING, DENSER LANDSCAPING.

AND, UH, I'M GLAD YOU ME, I'M GLAD YOU MENTIONED THAT TOO BECAUSE, UH, BECAUSE, UH, THAT THIS IS THE CASE WHERE WE HAVE, UH, COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING IN ANOTHER LOCALITY.

THE, UH, THE LANDSCAPE YARD REQUIREMENT IS A LITTLE STRICTER.

THEY HAVE TO DO HEAVIER PLANTINGS, SO IT'S A 20 FOOT WIDE BUFFER ON THAT SIDE, BUT IT HAS TO BE LANDSCAPED AS IF IT WERE A TYPE 25 TRANSITIONAL BUFFER.

UH, AND ON THE OTHER SIDE, AS I SAY, IT'S A, IT'S A GREEN BELT BUFFER AND THERE ARE REQUIREMENTS FOR MAINTAINING, UH, WHAT'S THERE.

THERE'S SOME OPPORTUNITY FOR LIMITED CLEARING, LIMITED LIMIT LIMING UP, UH, FOR SIGHT LINES, SIGNAGE, UH, THINGS LIKE THAT.

UH, BUT IF YOU, IF YOU GO DOWN THE ROAD AND, AND, AND VISIT THE, THE CHICK-FIL-A, THAT'S A GOOD EXAMPLE OF, OF A GREENBELT BUFFER THAT, UH, THAT SERVES ITS PURPOSE, AND WE'D BE LOOKING FOR SOMETHING SIMILAR HERE.

EXCELLENT.

JUST A CLARIFICATION, I CAN'T, THE, UH, SERVICE ENTRANCE, WILL IT BE BLOCKED OFF EXCEPT WHEN THE DELIVERY, OR WILL THAT BE DONE? WELL, THAT I DO NOT KNOW.

I'M SURE THE APPLICANT CAN, UH, THERE'S NOTHING SHOWN ON THE PLAN TO THAT EFFECT.

THAT'S ALL.

UH, I HAD AN OPPORTUNITY TO SPEAK TO A NUMBER OF THE, UH, RESIDENTS AT ARBOR ARBORDALE, WHICH IS ACROSS THE ROAD AND, AND PROBABLY ABOUT A HALF MILE IN FROM, UH, FROM MOTOWN.

THEIR MAIN CONCERN WAS, WAS SEEING THE SHEDS.

UM, THE MAINLY SUPPORTIVE OF A COFFEE SHOP IN THAT LOCATION, BUT THEY HAD CONCERNS, PARTICULARLY IN WINTER, WHEN THE, WHEN THE FOLIAGE IS LIGHT, ARE WE GONNA SEE A BUNCH OF, THEY CALLED IT UGLY SHEDS.

I KNOW THESE SHEDS ARE VERY ATTRACTIVE.

GO ON THAT WEBSITE.

I AGREE.

I THESE ARE NOT UGLY SHEDS.

I'VE BEEN TO FLIP FEE AND IVE SEEN, UH, YOU'VE GOT A 45 FOOT BUFFER.

YOU'RE TALKING ABOUT EVERGREEN LANDSCAPING OUT THERE.

UH, SO THE ONLY QUESTION I WOULD ASK, IS THERE ANY CONSIDERATION OF A PRIVACY FENCE ALONG THE EDGE OF THE SHED? WELL, THERE'S BEEN, UH, UH, I HAD SOME DISCUSSION WITH THE APPLICANT'S REPRESENTATIVE ABOUT THAT, AND I'LL, I'LL LET HIM ADDRESS THAT.

ANY SECOND.

I WAS JUST GONNA ASK, I'M NOT SURE WE GOT THE ANSWER TO YOUR QUESTION, MR. CHAIRMAN, DO YOU KNOW THAT THEY'RE GOING TO CUT EVERYTHING AND THEN REPLANT THE BUFFERS? OR ARE THEY GONNA KEEP THE EXISTING TREES TO MEET THE BUFFER REQUIREMENTS? OR COULD THE APPLICANT SERVE THAT ON THE OLD MOTOWN ROAD SIDE, YOU'RE TALKING ABOUT ON ANYWHERE THAT THE BUFFER SIDE.

ON, ON THE, UH, ON THE MOTOWN ROAD SIDE, THEY HAVE TO RETAIN EXISTING LANDSCAPING.

UH, THEY HAVE A LITTLE MORE, BIT MORE FLEXIBILITY, UH, ON THE, UH, OLD MOTOWN ROADSIDE.

BUT THE WAY IT WORKS, UH, YOU HAVE TO ATTAIN A CERTAIN NUMBER OF LANDSCAPE CREDIT UNITS, AND YOU GET, UH, MORE CREDIT FOR PRESERVING EXISTING TREES.

UH, YOU GET, UH, MORE CREDIT, OBVIOUSLY FOR BIGGER TREES.

UM, WE ALWAYS, YOU KNOW, WE LIKE TO SEE WHAT'S OUT THERE PRESERVED AS MUCH AS POSSIBLE.

UM, SO, AND THAT'S WHAT WE, WE WOULD BE LOOKING FOR WHEN THEY SUBMIT THEIR LANDSCAPE PLAN, ASSUMING THE APPLICATION IS APPROVED.

WE'LL OPEN THE, UH, PUBLIC HEARING.

UH, AND WOULD THE APPLICANT LIKE TO ADDRESS US, PLEASE? AND AGAIN, STATE YOUR NAME, ADDRESS, AND WE'RE AT 10 MINUTE LIMIT.

ALL RIGHT, MR. CHAIRMAN, MEMBERS OF THE COMMISSION, I'M BURNING GADDY OF 1177 JAMESTOWN ROAD IN WILLIAMSBURG.

AND UP HERE WITH ME IS NANCY LEE, THE OWNER OF THE FLIPPING FLEET BUSINESSES.

UM, ALSO HERE ARE HOWARD PRICE WITH AES CONSULTING ENGINEERS, WHO'S THE ENGINEER ON THE PROJECT, AND BRANDON CURRENTS THE ARCHITECT.

WE RAISE THE MICROPHONE UP JUST A LITTLE BIT.

THERE YOU GO.

YEAH, THANK YOU.

THERE WE GO.

AND, UM, ALSO, MS. LEE'S HUSBAND.

[01:00:01]

ASK YOU TO RECOMMEND APPROVAL TO THE BOARD'S SUPERVISORS, AND OF COURSE, ANY OF US ARE GLAD TO ANSWER ANY QUESTIONS YOU HAVE OF US.

UM, AS WE'VE DISCUSSED, NANCY'S THE OWNER OF THE FLIPPING FLEA BUSINESSES LOCATED ON RICHMOND ROAD IN JAMES CITY COUNTY, RIGHT ADJACENT TO THE COLONIAL HERITAGE PROJECT.

UM, SHE NOW OPERATES THE SUCCESSFUL COFFEE, TEA AND DONUT SHOP, TWO RETAIL FLEA MARKETS AND THE SHED STORAGE BUSINESS.

UM, AS TIM MENTIONED, THE SHOPPING CENTER THAT SHE IS LOCATED IN IS FOR SALE, HAS BEEN FOR A WHILE, AND WILL EVENTUALLY SELL AND REDEVELOP INTO ANOTHER USE.

IF YOU'VE SEEN IT, IT'S AN OLDER CENTER AND, UH, IS, AND IT, THE OWNERS HAVE HAD IT ON THE MARKET FOR A GOOD WHILE NOW.

UM, AT THIS POINT, I'M GONNA LET NANCY TELL YOU A LITTLE BIT ABOUT HERSELF AND HER BUSINESSES, AND THEN BRIEFLY CLOSE.

GOOD EVENING EVERYONE.

THANK YOU FOR HAVING ME HERE TONIGHT.

UM, AS YOU KNOW, I'M NANCY LEE.

I'VE BEEN A RESIDENT OF YORK COUNTY FOR 50 PLUS YEARS.

UM, MY CURRENT BUSINESSES ARE OVER IN JAMES CITY COUNTY.

I HAVE A, THE COFFEE SHOP, AS HE WAS SAYING, MY SHED BUSINESS.

I AM A DEALER FOR OLD HICKORY BUILDINGS AND SHEDS, SO WE ARE HIGH QUALITY SHED BUILDER.

WE HAVE A LOT OF HOMES THAT ARE IN HOAS THAT REQUIRE A CERTAIN AMOUNT OF, UH, DEVELOPMENT.

I MEAN, THE BUILDINGS HAVE TO BE TO A CERTAIN DEGREE AND WE ARE ABLE TO FULFILL THAT.

UM, WE KNOW THAT THERE ARE A FEW NEIGHBORS THAT ARE CONCERNED ABOUT THE SHEDS, AND WE ARE GONNA BE DOING OUR VERY BEST TO, WE HAVE THE 45 FOOT BUFFER WE'VE GONE THROUGH AND THERE'S SOME BEAUTIFUL TREES.

WE'RE GONNA MAKE SURE WE KEEP EVERYTHING THAT WE'RE REQUIRED TO HAVE SO THAT THESE SHEDS ARE NOT WHAT EVERYBODY SEES WHEN THEY'RE COMING DOWN THE ROAD.

OUR COFFEE SHOP IS REALLY GREAT.

WE HAVE A LOT OF PEOPLE HERE TONIGHT TO SUPPORT US.

OUR COFFEE SHOP IS A PLACE WHERE THE LOCALS HAVE BEEN ABLE TO COME AND MEET AND HANG OUT AND MAKE FRIENDS WITH EACH OTHER.

THEY'RE OUR FAMILY.

WE CAN BRING THAT INTO YORK COUNTY.

WE LOVE YORK COUNTY.

SO COME, BRINGING OUR BUSINESSES INTO YORK COUNTY IS GONNA BE GREAT FOR US, AND I THINK IT'LL BE A GREAT ASSET TO THE COMMUNITY AS WELL AS MOTOWN ROAD.

UM, THE BUSINESSES ARE CONDUCIVE TO WHAT'S BEING DEVELOPED OVER THERE, AND I THINK WE WILL MAKE THE COMMUNITY PRETTY HAPPY.

AND I THINK THE ONES THAT HAVE, YOU KNOW, SOME RESERVATIONS WE'LL BE HAPPY WITH HOW WE DEVELOP THE PROPERTY.

GREAT.

UM, I THINK WE, YOU'VE REVIEWED THIS, SEEN THIS, HAPPY TO COME BACK TO IT, UH, WITH ANY QUESTIONS.

UH, AS TIM MENTIONED, THIS SITE HAS BEEN DESIGNATED FOR COMMERCIAL DEVELOPMENT SINCE 1991 AND IT'S NOW ZONE EO.

IT'S ACROSS FROM THE FERGUSON FACILITY ON MOTOWN ROAD AND THE FUTURE WAA, UH, BUS FACILITY RIGHT ACROSS HORNER LANE.

UM, THE ENTRANCE TO THE MAIN ENTRANCE OFF HORNER LANE TO THIS FACILITY IS, WAS ALIGNED INTENTIONALLY TO LINE UP WITH THE FUTURE ENTRANCE INTO THE WADADA FACILITY.

SO THAT WILL BE A TOTALLY COMPATIBLE SITUATION.

UM, THE PROPOSAL'S CONSISTENT WITH THE COMPREHENSIVE PLAN'S, A RELATIVELY LOW TRAFFIC GENERATOR.

AND AS TIM HAS DETAILED, ALL THE TRAFFIC IMPROVEMENTS ARE ALREADY IN PLACE.

YOU HAVE THE TURN LANES, THE SIGNAL EYES INTERSECTION, FOUR LANE ROAD SEGMENT.

UM, THE USES WILL BE WELL BUFFERED WITH THE GREENBELT BUFFER, PARTICULARLY AROUND MOTOWN ROAD.

AND, UM, WE'VE TALKED ABOUT, IN TALKING TO SEVERAL OF YOU ALL AND SEEING THE EMAILS, UM, NANCY IS WILLING TO COMMIT TO PUT A FENCE AROUND THE MOTOWN ROAD PORTION OF THE SHED STORAGE AREA.

AND I'VE TRIED, IF YOU CAN SEE THAT LITTLE RED LINE HERE, THAT WOULD BE WHERE THE FENCE WOULD GO.

UM, WITH THE PROFFERED CONDITIONS ON THE MONUMENT SIGN AND LIMITATIONS ON THE USES, WHERE THAT LIST CAME FROM, IS THERE USES THAT ARE PERMITTED IN THE GB ZONE THAT AREN'T PERMITTED IN THE EO ZONE.

SO WHAT WE'VE TRIED TO DO IS MAKE THE ZONING RULES, UM, THE SAME AS IF THIS WAS STILL EO, BUT STILL ALLOW THE SHED STORAGE AREA.

UM, WITH ALL THIS, WE DON'T THINK THERE ARE ANY ADVERSE IMPACTS FROM THE PROPOSAL.

IT WILL GENERATE TAX DOLLARS FOR THE COUNTY, AND I THINK IT'S REALLY AN EXCELLENT USE OF THIS SMALL TRIANGULAR SHAPED PARCEL.

UM, WE AGREE WITH STAFF'S ANALYSIS AND RECOMMENDATION AND AN APPROVAL ALLOW MRS. LEE, WHO IS A SUCCESSFUL SMALL BUSINESS OWNER OR AN ENTREPRENEUR, ANYBODY WHO CAN COME UP WITH A CONCEPT OF A COFFEE, COFFEE SHOP AND SHED SALES FACILITY ALL IN ONE IS QUITE THE ENTREPRENEUR AND A LONGTIME YORK COUNTY RESIDENT TO LOCATE HER BUSINESS HERE IN THE COUNTY.

UM, SO WE WOULD RESPECTFULLY

[01:05:01]

ANY QUESTIONS FOR THE APPLICANT? I'D JUST LIKE TO THANK YOU FOR, UH, THE CONSIDERATION OF THAT PRIVACY FENCE.

UH, I KNOW THAT WAS AN ISSUE FOR SOME OF THE ARBOR ARBORDALE NATIVES OR, UH, RESIDENTS.

UH, WE HAD THAT DISCUSSION ABOUT A WEEK AGO, UH, WHEN I MET WITH NANCY.

YEP.

AND I, I THINK IT'S, UM, EXACTLY WHAT THEY'RE LOOKING FOR.

UH, OKAY.

AT THIS TIME, WE'LL, UH, OPEN UP THE FLOOR FOR SPEAKERS SIGNED UP.

UM, TO ADDRESS THIS APPLICATION, I HAVE A GROUP HERE.

UH, FIRST UP, MR. UH, VERNON GETTY, AND NANCY LEO, THAT WAS YOU.

CHECK, UH, JOHN HARRY.

AND AS A HONOR, JUST PROVIDE YOUR NAME, UH, ADDRESS, AND YOU'LL HAVE THREE MINUTES.

MY NAME IS JOHN HARRY.

I LIVE IN JAMES CITY COUNTY UP IN, UH, OFF OF ROUTE 30.

WE SPEND A LOT OF TIME DOWN HERE ON MOTOWN ROAD.

BETWEEN MY WIFE AND HER VISITS TO WALLY MART.

I GO TO HOME DEPOT.

WE USE THE CAR WASH THAT'S HERE, AND WE LOVE SIP AND FLEE.

WE STOP THERE TWO, THREE TIMES A WEEK, AND UNFORTUNATELY, WHEN WE COME DOWN HERE, NOW WE HAVE TO COME THE BACK WAY DOWN LIGHTFOOT FROM KROGER, BECAUSE IF SOMEBODY PUT 300 APARTMENTS ON A TWO-LANE ROAD, AND I SAT THROUGH SIX CHANGES OF THE TRAFFIC LIGHT OVER THERE ON LIGHTFOOT THIS WEEK, IT'S HARD.

SO I REALLY, WITH THE SORT OF DAMOCLES HANGING OVER THERE, UH, SHOP, IF IT, IF THEY SELL THE PROPERTY, WE HAVE NO PLACE TO GO BECAUSE YOU CAN BUY COFFEE JUST ABOUT ANYWHERE.

BUT LET ME TELL YOU, YOU CAN'T FIND DONUTS LIKE THIS, .

AND I LIKE TO SIT DOWN AND HAVE A CUP OF COFFEE AND SOMETHING WITH IT, BUT THAT'S MY PERSONAL OPINION, AND, AND I DON'T SEE HOW IT HURTS ANYTHING.

ACTUALLY, IT'S PRETTY GOOD FOR YORK COUNTY, BAD FOR JAMES CITY.

MY TAXES WILL GO UP AGAIN.

UH, THAT'S ALL I HAVE TO SAY.

THANK YOU, .

JEFF AND NANCY AND HAVE A, UH, UH, READ A BOOK SOMETIMES.

UH, HOW ABOUT JOHN SCOTT? THANK YOU.

UH, MY NAME IS JOHN SCOTT.

I LIVE AT, UH, COLONIAL HERITAGE, RIGHT AROUND THE CORNER FROM, UH, THE SIP AND FLEA IN, UH, JAMES CITY COUNTY.

I'D REALLY LIKE TO ADDRESS MY, UH, UH, COMMENTS TO TWO POINTS.

UH, FIRST OF ALL, A VERY BRIEF COMMENT ON THE, UH, SHEDS THAT, UH, THE LEADS SELL.

THEY ARE REALLY OF THE HIGHEST QUALITY.

THEY, THEY LOOK TERRIFIC AND, AND, UH, DON'T PRESENT, UH, IN THE, UH, CURRENT, UH, LOCATION, ANYTHING, UH, APPROACHING, UH, ANYTHING OTHER THAN A, A HIGH QUALITY PRODUCT.

THE SECOND THING I'D LIKE TO NOTE IS THE ENTREPRENEURIAL SPIRIT OF, UH, UH, NANCY AND JEFF LEE.

UH, MY WIFE AND I MOVED HERE THREE YEARS AGO FROM, UH, NORTHERN VIRGINIA.

I WAS LOOKING FOR A, UH, COFFEE SHOP.

I, UH, HAVE, UH, BEEN A FAN OF THAT EVER SINCE MY, UH, FOREIGN SERVICE DAYS AND TRAVEL, UH, AROUND THE WORLD.

AND, UH, PULLED INTO THE, UH, UH, SIP AND FLEA PARKING LOT.

A COUPLE OF MINUTES AFTER THREE O'CLOCK, UH, ON AN AUGUST AFTERNOON, UH, SAW THAT THE SHOP WAS ALREADY CLOSED, SO GOT OUT OF MY CAR TO GO IN AND TAKE A LOOK AND SEE WHAT THEIR HOURS WERE.

WENT OUT, GOT BACK OR, UH, COMPLETED THAT GOT BACK INTO MY, UH, CAR.

AND AT THAT POINT, UH, JEFF CAME OUT OF THE SHOP, UH, NOTED THAT HE WAS SORRY THAT THEY WERE CLOSED FOR THE DAY, BUT HOPED THAT I WOULD, UH, COME BACK AND, AND TRY THEIR PRODUCT.

UH, AND THAT KIND OF SOLD ME, YOU KNOW, ANYONE WHO HAS THAT SORT OF ENTREPRENEURIAL SPIRIT THAT THEY, THEY COME OUTSIDE THE BOX, OUTSIDE THE COCOON, IF YOU WILL.

UH, AND REACH OUT TO CUSTOMERS JUST STRUCK ME AS, AS, UH, THE KIND OF FOLKS THAT DESERVE MY BUSINESS.

UH, I HAVE BEEN GOING THERE EVER SINCE, UH, PROBABLY FOUR OR FIVE DAYS A WEEK ON AVERAGE.

UH, GENERALLY, UH, SIT IN THE, UH, COFFEE SHOP AND HAVE, UH, HAVE COFFEE, TALK TO

[01:10:01]

UH, THE ONE THING THAT I REALLY LIKE ABOUT THEIR BUSINESS THAT YOU DON'T OFTEN SEE IN OTHER COFFEE SHOPS IS ALL TOO OFTEN THE OBJECTIVE OF, OF BUSINESS IS TO GET YOU IN, SELL YOU A PRODUCT, AND GET YOU OUT THE DOOR.

UH, SORT OF THE, WHAT I DESCRIBE IS THEY DON'T LET THE DOOR HIT YOU ON THE WAY OUT, SORT OF THING.

THAT IS NOT THE KIND OF COFFEE SHOP NANCY AND JEFF RUN.

THEY, AS NANCY SAID, TREAT US AS FRIENDS, AS COLLEAGUES, AS UH, PARTNERS, IF YOU WILL.

WE ARE ALWAYS WELCOME.

IT'S A GREAT PLACE TO SIT AND CHAT, AND I THINK THE BUSINESS WOULD BE A REAL BOONE AND BENEFIT, UH, TO YORK COUNTY.

UH, NEXT UP HAVE, UH, ROBERT, UH, OXEN.

DID I PRONOUNCE THAT CORRECTLY? YOU DID.

UH, ROBERT OXEN HEARD IS MY NAME.

I LIVE IN, UH, JAMES CITY COUNTY.

I HAVE FREQUENT, CAN WE GET THE ADDRESS, THE ACTUAL, I'M SORRY.

THE ACTUAL, WE NEED THE ACTUAL ADDRESS FOR THE RECORD.

74 28 WIX, W I C KS ROAD.

I FREQUENT THEIR PRESENT COFFEE SHOP QUITE FREQUENTLY.

UH, THEY ARE RESPONSIBLE BUSINESS PEOPLE.

THEY ARE GOOD NEIGHBORS, BOTH TO THE BUSINESSES AND THE RESIDENTS THAT ARE IN THE GENERAL AREA OF THE CURRENT COFFEE SHOP.

UH, THAT'S ALL THE SPEAKERS THAT I HAVE SIGNED UP.

IS THERE ANYONE ELSE, UH, WHO WISHES TO SPEAK THAT DID NOT SIGN UP? SIR, STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES.

UH, MY NAME IS RANDY EATON.

UH, I LIVE AT 1 0 4 NEVADA CIRCLE IN SKIM HILLS, AND I'VE BEEN DOWN HERE SINCE 1979.

RETIRED FROM THE OWENS ILLINOIS FACTORY.

UH, JEFF AND NANCY LIVE ONE STREET OVER.

THEY'RE GREAT PEOPLE.

I'M REALLY EXCITED THAT THEY'RE LEAVING JAMES CITY COUNTY AND COMING OVER TO YORK COUNTY.

AND WHAT JEFF SAT DOWN EXPLAINED IT TO ME AND I ALWAYS LOOK, HOW MUCH IS THIS GONNA COST THE COUNTY, YOU KNOW, LOOKING AT IT AND IT'S NOT THE WAY THE ROADWAY IS AND EVERYTHING LIKE THAT.

AND EXPLAINED TO ME THE BUFFER ZONES AND ALL OF THAT.

UM, THE SHEDS, I DON'T HAVE A PROBLEM WITH THEM.

I'VE LOOKED AT 'EM WHILE I WAS OVER AT THE SIP AND FEED LOOKING AROUND.

AND, UH, THEY'RE REALLY GOOD QUALITY SHEDS.

THEY AREN'T THESE LIKE, HOME DEPOT HAS THESE BIG MONSTER SHEDS OUT THERE THAT ARE JUST BARELY HELD TOGETHER, TAKING UP HALF THEIR PARKING LOT.

YOU KNOW, WHEN I GO OVER THERE AT NOON, YOU KNOW, YOU CAN'T CUZ CHICK-FIL-A PEOPLE ARE OVER THERE AND YOU'RE TRYING TO GET INTO HOME DEPOT TO DO THAT.

UH, I THINK IT'S NICE THE WAY THEY HAVE IT OVER THERE.

I'VE SEEN WHEN A TRUCK HAS CAME UP AND LOADED ONE UP WHILE I WAS THERE, JUST SLID UP THERE, HOOKED IT UP, PUT IT ON THE BACK AND TOOK OFF WITH IT.

UM, IT WASN'T A LOT OF COMMOTION OR ANYTHING LIKE THAT.

I THINK IT'S A REALLY GOOD IDEA.

UH, MY WIFE AND I ARE BOTH ON BOARD WITH IT.

UM, YOU KNOW, WE'VE KNOWN JEFF SINCE HE WAS A YORK COUNTY DEPUTY, AND WE'VE ALWAYS GOT ALONG GOOD.

UH, IF HE SAYS HE'S GOING TO DO SOMETHING, BOTH HIM AND NANCY, THEY ARE GONNA FOLLOW THROUGH.

THEY'RE GOOD MEMBERS OF THE COMMUNITY AND VOLUNTEERING FOR ALL CHARITABLE ORGANIZATION.

JEFF AND I SPENT TIME IN THE KITCHEN COOKING CORN, BEEF, AND CABBAGE FOR, UH, A CHARITABLE EVENT.

BUT, UM, THAT'S WHAT I GOTTA SAY.

I THINK IT'S GREAT AND I DON'T THINK IT'S GONNA COST US THAT MUCH.

AND MY WIFE CAN GO TO THE STARBUCKS, BUT I WON'T GO DOWN THERE CUZ IT AIN'T NO PLACE TO PARK.

YOU CAN'T GET YOUR TRUCK IN THERE AND YOU, I DON'T LIKE SITTING IN A LINE THAT GOES CLEAR AROUND THE BUILDING.

THAT RIGHT THERE, UH, THAT'S WHY I, SO I'M LOOKING AT, THIS IS A PLACE I'M GONNA, WHEN I LEAVE SKI SKIM ANDINO HILLS, JUST DRIVE UP, GO GET MY COFFEE AND I CAN GO ON.

SO THANK YOU FOR LISTENING TO ME, RANDY.

IT'S STILL NOT BIG ENOUGH FOR YOUR TRUCK.

AND, UH, WE CAME HERE ABOUT THREE YEARS AGO FROM THE VIRGINIA BEACH, NORFOLK AREA, AND WE BOTH REALIZED AS WE GOT OLDER, WE COULDN'T KEEP UP WITH THE TRAFFIC DOWNTOWN.

ANY OTHERS? UH, LIKE TO COME FORWARD? UH, HAVING SEEN NONE, NO CLOSE.

MY NAME IS DON CARUS AND I LIVE, UH, IN THE ADJACENT PROPERTY TO THE, UH, COFFEE SHOP.

[01:15:02]

I MEAN, IF YOU CAME INTO THE HIGHWAY, IT WAS AT 75 MILES AN HOUR.

SO WHEN WE CAME TO JAMES CITY COUNTY, WE SAID, WELL, THIS IS GONNA BE A REAL RELIEF BECAUSE IT'S NOT THAT BUSY.

THEN WE FOUND THE COFFEE SHOP AND I SAID, MY GOD, THIS IS PERFECT BECAUSE MY WIFE MAKES A LOUSY CUP OF COFFEE.

, I'M SORRY ABOUT THAT.

YOUR FORMER WIFE, SEVEN YEARS.

BUT SHE LOVES DONUTS TOO.

SO IT'S, IT'S PERFECT.

AND THE PEOPLE THAT RUN THIS OPERATION ARE FRIENDLY.

THEY'RE JENE AND IT'S JUST A GREAT PLACE TO GO AND SIT BECAUSE YOU MEET PEOPLE OF ALL STRIPES COMING IN THERE, UH, TO TAKE THEIR, TO WHAT THEY SERVE.

AND IT'S EDUCATIONAL.

AND AT THE SAME TIME, YOU REALLY SEE HOW WELL THESE PEOPLE TREAT THEIR PATRONS.

SO I THINK THAT, UH, JAMES CITY COUNTY'S LOSS IS YOUR COUNTY GAIN.

THANK YOU, SIR.

, ANY OTHERS? OKAY, AT THIS POINT WE'LL CLOSE THE, UH, PUBLIC HEARING, UH, AN OPEN DISCUSSION FOR THE COMMISSIONERS.

ANY, UH, MR. CHAIR? THE ONLY THING THAT CONCERNS ME ABOUT THIS APPLICATION IS IT DOESN'T HAVE A DOZEN DONUTS WITH IT .

SO NOTED.

AND, AND IT'S NOT THE SOUTHERN PART OF THE COUNTY.

THAT'S RIGHT.

PLEASE STOP BY.

I HAVE NO QUESTIONS.

IT'S, UH, I THINK IT'S A GOOD USE AND I THINK IT'S A, UH, A BONUS TO YOUR COUNTY.

OKAY, MR. CHAIRMAN.

I THINK OF ALL THE USES THAT COULD GO IN ECONOMIC OPPORTUNITY, THAT WOULD BE A LOT WORSE THAN THIS FOR ANY ADJACENT PROPERTY OWNERS.

I THINK THE COUNTY'S VERY BLESSED TO HAVE A UNIQUE APPLICATION LIKE THIS THAT FITS INTO A PIECE OF PROPERTY THAT IS, UM, VERY HARD TO FIND SOMETHING FOR USE.

AND I THINK WE'RE VERY FORTUNATE.

UH, YOU HAVE A LOYAL FOLLOWING IT, IT, IT SEEMS LIKE, UH, FROM WHAT I HEAR, AND, UH, WE'RE LOOKING FORWARD TO HAVING YOU IN THE COUNTY.

BY MR. ROY IS TO ADOPT PC 23 DASH 17 TO RECOMMEND APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A STORAGE SHED.

I'M NOT A LOT TO ADD.

UM, MY WIFE AND I STOPPED BY THERE A COUPLE DAYS AGO, AND, UH, I THINK MY WIFE TALKED TO NANCY MOORE THAN I DID, BUT ANYWAY, SEE HOW IT WAS GOING.

VERY FRIENDLY PLACE.

UH, SHE ALSO TOLD US ABOUT THE, WAS IT THE SIPPING FLEA IN THE OUTLET MALL? AND I, WE HAPPENED TO BE GOING OVER THERE AND WE STOPPED IN THERE TOO.

BOTH PLACES WERE NICE AND WE FELT AT HOME IN THEM.

AND SO I THINK ON MY ONLY CONCERN, I WISH WE HAD DOWN IN ZONE TWO , YOU KNOW, AND, UH, OR AT LEAST CLOSER, UH, FUTURE IN THE SOUTHERN.

IN THE SOUTHERN, YOU KNOW? YEAH.

SO, UH, YEAH, I THINK IT'S A GOOD USE OF THE PROPERTY, OF THE LAND.

I'LL JUST KIND OF REITERATE WHAT THEY SAID.

IT'S REALLY NICE TO SEE ALL THESE PEOPLE HERE SUPPORTING YOU, AND OBVIOUSLY YOU'RE PART OF THE COUNTY AND YOU CARE ABOUT THE COUNTY AND, AND IT, IT REALLY IS HEARTWARMING, UM, THAT YOU'RE ALL HERE.

SO THANK YOU.

THE BOURBON CARAMEL ICED LATTE IS WONDERFUL.

I'M, UH, I'M VERY SUPPORTIVE OF THIS, UH, BUSINESS.

I'VE SPENT A FAIR BIT OF TIME WITH THE ARBORDALE FOLKS TO MAKE SURE I UNDERSTOOD THEIR CONCERNS.

I THINK THEY'VE BEEN ADDRESSED.

I'M, I, I'M FULLY PREPARED TO, UH, SUPPORT THIS.

EXCELLENT.

I HAVE NOTHING TO ADD.

IT HASN'T ALREADY BEEN COVERED.

I'D LIKE TO ENTERTAIN A MOTION, MR. CHAIR.

I'LL MOVE PC 2316 AND 2317.

ROLL CALL PLEASE.

IT NEEDS TO BE TWO SEPARATE VOTES, ACTUALLY TWO DIFFERENT.

DO THE FIRST ONE.

I'LL MOVE 16 .

THE MOTION BY MR. WASSER IS TO ADOPT PC 20.

WAIT, WHICH ONE HAS THE DONUTS? .

I'LL MOVE.

16.

THE MOTION BY MR. WASMER IS TO ADOPT PC 23 DASH 16 TO RECOMMEND APPROVAL OF AN APPLICATION TO REZONE 1.6 ACRES AT 65 39 MOTOWN ROAD FROM ECONOMIC OPPORTUNITY TO GENERAL BUSINESS.

WE HAVE A MOTION FOR THE SECOND I MOVE THAT WE, UH, APPROVE PC 23 DASH 17.

THE MOTION

[01:20:01]

SALES AND DISPLAY AT 65 39 MOTOWN ROAD IN 61 32 OLD MOTOWN ROAD.

CONCLUDES OUR APPLICATIONS FOR THIS EVENING.

UH, ANY OLD BUSINESS? NO, WE HAVE NONE.

THANK YOU ALL VERY MUCH.

[8. Old Business]

ANY NEW BUSINESS? NO, SIR.

[9. New Business]

[10. Staff Reports/Recent Actions by the Board of Supervisors]

LIKE THIS.

UH, STAFF REPORTS, PLEASE.

NONE.

QUITE EXPENSIVE STAFF REPORTS.

UH, FIRST OF ALL, ON BEHALF OF THE STAFF, I ALSO WANNA WELCOME MR. WASSNER TO THE COMMISSION.

WE LOOK FORWARD TO WORKING WITH YOU.

UH, IN FRONT OF YOU, YOU'VE GOT SOME HANDOUTS.

UH, YOU HAVE AN UPDATED ROSTER.

WE HAD SOME CHANGES RECENTLY AND YOU'VE ALSO GOT YOUR MONTHLY DEVELOPMENT ACTIVITY REPORT.

AND I THINK I'LL WAIT TILL THE ROOM CLEARS.

YEP.

JUST KEEP GOING, TIM.

JUST KEEP GOING.

AWESOME.

YOU MIGHT MISS SOME LIKE, PEARLS OF WISDOM.

OH MY.

WE WOULDN'T WANNA DO THAT.

CITIZENS ANOTHER OPPORTUNITY TO PROVIDE COMMENTS.

SO, UH, THE ROSTER, THE DEVELOPMENT ACTIVITY REPORT, UH, THE BOARD OF COURSE ADOPTED A NEW CIP BACK IN MAY.

SO WE'VE GIVEN YOU A NEW, UH, UPDATED SUMMARY OF THE CIP TO PUT IN YOUR NOTEBOOKS ALONG WITH YOUR ROSTER, UH, IF YOU SO CHOOSE.

AND THEN THERE'S ALSO A SUMMARY OF THE ACTIONS THAT, UH, YOU ALL TOOK AT YOUR JUNE 22ND WORK SESSION ON THE DRAFT COMP PLAN.

AND THAT LEADS ME INTO MY NEXT ITEM, WHICH IS A STATUS REPORT ON THE COMP PLAN UPDATE.

UH, AS YOU KNOW, YOU ALL DID HAVE A WORK SESSION JUNE 22ND.

HAD SOME GOOD DISCUSSION, MADE A LOT OF DECISIONS, UM, AND, UH, IT'S THE, THE MINUTES FROM THAT MEETING AREN'T QUITE READY YET, BUT WE WANTED TO GET SOMETHING OUT TO YOU.

SO YOU HAVE THAT ONE PAGER, UH, IN YOUR PACKAGE, WHICH, UH, SUMMARIZES ALL THE ACTUAL DECISIONS, ACTIONS, UH, THAT WERE TAKEN BY THE PLANNING COMMISSION.

THAT DOCUMENT, UH, HAS BEEN POSTED ON THE WEBSITE, UH, THE COMP PLAN WEBSITE, YORK COUNTY OR YORK 20 FORTY.COM.

UH, IT'S THE PROJECT WEBSITE.

AND, UH, ALSO WITH THAT, UH, OF COURSE YOU HAVE THE, THE, UH, THE DRAFT PLAN POSTED.

WE'VE ALSO GOT THE, UH, SHORTENED SUMMARY WITH ALL THE GOALS, OBJECTIVES AND IMPLEMENTATION STRATEGIES FOR THOSE PEOPLE OUT THERE WHO MIGHT NOT WANNA READ THE ENTIRE 300 PAGE DOCUMENT.

AND THEN THERE'S ALSO THE DRAFT LAND USE MAP, UH, REALLY BETWEEN THE GOALS AND OBJECTIVES AND THE LAND USE MAP.

THAT'S REALLY THE ESSENCE OF THE PLAN RIGHT THERE.

SO THAT'S KIND OF SUMMARIZED EVERYTHING IN, IN 39 PAGES, WHICH, UH, I THINK IS VERY MANAGEABLE.

UM, AT ITS JUNE 20TH MEETING, THE BOARD APPROVED THE DOD RV EXPANSION, REZONING AND SPECIAL USE PERMIT.

THEY DENIED THAT THE TOMMY'S EXPRESS CAR WASH, UH, APPLICATION ON ROUTE 17.

AND THEY TOOK NO ACTION ON THE PROPOSED TOURIST HOME TEXT AMENDMENTS.

UH, THERE WASN'T A LOT OF DISCUSSION.

VARIOUS BOARD MEMBERS EXPRESSED DESIRE FOR MORE STANDARDS, STANDARDS OR STRICTER STANDARDS.

UH, THEY DIDN'T REALLY GIVE US ANY GUIDANCE ON WHAT THOSE STANDARDS MIGHT BE.

BUT, UH, WHAT THEY, THEY PLAN TO DO IS TO HAVE A WORK SESSION ON THE TOPIC OF SHORT TERM RENTALS, UH, SOMETIME AFTER WE GET PAST THE COMP PLAN, SO SOMETIME NEXT YEAR.

UH, AND SO WE'VE BEEN INFORMED THAT THE BOARD IS NOT GONNA CONSIDER ANY TOURIST HOME APPLICATIONS UNTIL THEN.

SO TONIGHT'S APPLICATION IS JUST GONNA BE ON HOLD THE NEWSOM APPLICATION FROM A COUPLE MONTHS AGO.

UH, THEY'RE JUST GONNA BE ON HOLD PENDING THIS WORK SESSION AND WHATEVER COMES OUT OF IT, UH, COMING UP AT THEIR MEETING, UH, NEXT, UH, WEEK, THERE ARE NO APPLICATIONS.

THERE AREN'T EVEN ANY PUBLIC HEARINGS.

UM, THE ONE APPLICATION THAT WE DID THAT DID HAVE FROM JUNE WAS FOR THE ROOM RENTALS.

AND THAT HOUSE IN SEAFORD, UH, YOU ALL RECOMMENDED DENIAL.

THE APPLICANT ENDED UP WITHDRAWING THAT APPLICATION.

SO IT'S NOT GOING FORWARD.

SO, UH, THERE, THERE'S NOTHING ON THE, UH, BOARD'S, UH, JULY 18TH AGENDA, UH, RELATED TO, TO WHAT Y'ALL HAVE DONE, UH, ON YOUR, COMING UP ON YOUR, UH, AUGUST 9TH AGENDA, UH, WE ARE HAVING A SECOND PUBLIC HEARING ON THE COMP PLAN.

UH, AS YOU KNOW FROM THE, FROM THE WORK SESSION, IT WAS THE COMMISSION'S DESIRE TO GIVE

[01:25:01]

AND SO WE'RE SCHEDULING ANOTHER PUBLIC HEARING.

UH, SO NOBODY GETS LEFT OUT AND NOBODY FEELS CHEATED.

AND YOU, AS YOU RECALL, YOU ALL AGREED TO, I MEAN, IT'LL TAKE A VOTE AT THE MEETING, BUT YOU BASICALLY AGREED TO SUSPEND THE RULES, UH, BY EXTENDING THE TIME LIMIT TO THREE MINUTES TO FIVE MINUTES.

UH, SO WE'VE GOT THAT, UH, TEED UP FOR THE AUGUST 9TH MEETING.

AND THEN WE ACT, AND WE ALSO HAVE TWO, UH, APPLICATIONS USE PERMITT APPLICATIONS, UH, ONE FOR A TOURIST HOME ON, UH, WEST TEMPLE ROAD UP IN THE UPPER COUNTY.

AND, UH, THE OTHER ONE IS FOR A CONTRACTOR SHOP WITH OUTDOOR STORAGE ON ROUTE 17 DOWN IN TAB.

UH, SO THOSE ARE COMING UP ON YOUR AUGUST 9TH AGENDA.

UH, I'M HAPPY TO ANNOUNCE THAT CAITLIN OBIT HERE HAS ATTAINED HER PROFESSIONAL CERTIFICATION AS A MEMBER OF THE AMERICAN INSTITUTE OF CERTIFIED PLANNERS.

YAY.

CONGRATULATIONS.

YEAH, .

UH, SO, UH, SHE, SHE ACTUALLY PASSED THE, THE EXAM A COUPLE MONTHS AGO, BUT, UH, THEN SHE HAD TO SUBMIT SOME INFORMATION ON HER EDUCATIONAL BACKGROUND AND HER WORK EXPERIENCE TO FINISH UP THAT PROCESS.

BUT NOW SHE IS OFFICIALLY FORMALLY CERTIFIED.

AND SO, UH, MR. ANDERSON AND I, AND I'M SURE MR. KING WILL WELCOME HER TO A I C P, PROUD TO WELCOME HER.

GOOD LUCK GETTING 32 CREDITS.

IT'S VERY EASILY DONE IF YOU DON'T WAIT TILL THE END .

UH, ACTUALLY HER SECOND, UH, SHE'S ALSO A CERTIFIED ZONING, UH, OFFICIAL.

OFFICIAL, RIGHT.

SO BACK IN SEPTEMBER.

SO YOU'VE GOT TWO, UH, PROFESSIONAL CREDENTIALS HERE.

UH, LASTLY ON THE NOT SO HAPPY SIDE, I REGRET TO REPORT THAT THIS IS MS. ROY'S LAST MEETING.

UH, SHE'S NOT LEAVING THE COUNTY, SO THAT'S THE, THAT'S THE GOOD THING.

UM, BUT SHE IS, UH, MOVING TO ANOTHER POSITION IN THE PUBLIC AFFAIRS OFFICE AS OF AUGUST 1ST.

UH, SHE, UH, SHE JOINED US, UH, TWO YEARS AND FOUR MONTHS AGO, I BELIEVE IT WAS.

AND WE'VE ENJOYED HAVING JEANNIE ON THE PLANNING TEAM.

UH, WE'RE SORRY TO SEE HER GO, BUT WE ARE HAPPY FOR HER OF COURSE, AS SHE EMBARKS ON A NEW CHAPTER IN HER, UH, PROFESSIONAL LIFE.

AND WE WISH HER WELL.

AND I'M SURE YOU ALL DO TOO.

I JUST GOT USED, USED TO PRONOUNCING YOUR NAME, , AND THANKS FOR ALL YOUR SUPPORT.

THAT IS ALL I HAVE, MR. CHAIRMAN.

YOU'RE GOOD.

COUPLE OF QUESTIONS TO FOLLOW UP ON YOUR, UH, COMMENTS THAT I, I SENT AN EMAIL AFTER OUR, UH, WORK SESSION ADDRESSING THE COUNTY LIGHTING PLAN.

WAS THAT A POSSIBILITY OR IS IT WORTHY? CERTAIN ASPECTS OF IT? UH, I'VE BEEN TALKING WITH, WITH CAITLIN, SHE'S REALLY THE STREETLIGHT GURU IN YOUR COUNTY, , UH, UH, SHE'S KIND OF IN CHARGE OF THAT WHOLE PROGRAM.

SO, UH, SHE AND I HAVE TALKED ABOUT THERE ARE CERTAIN ELEMENTS OF, UH, WHAT YOU PROPOSE, UH, THAT WE THINK CAN BE WORKED INTO THE COMP PLAN.

UH, MAYBE NOT QUITE AS SPECIFICALLY AS YOU RIGHT.

PHRASED THEM.

BUT, UH, TRYING TO GET AT, AT, YOU KNOW, YOUR INTENT, UH, AND, AND CONSISTENT WITH THE, UH, COUNTY POLICY.

THE COUNTY DOES HAVE A STREETLIGHT POLICY.

UH, THE BOARD OF SUPERVISORS ADOPTED, UH, UM, MANY YEARS AGO, 1930.

NO, NO.

IT IT WAS UPDATED JUST A COUPLE YEARS AGO.

HAD GASLIGHTS RIGHT.

2019.

RIGHT.

UM, BUT YEAH, I THINK THERE, THERE ARE SOME PIECES OF THAT, OF THAT, THAT WE CAN WORK INTO THE PLAN.

OKAY, GOOD.

WE'RE WORKING ON THAT.

UH, MY SECOND QUESTION IS, IF THE BOARD OF SUPERVISORS HAS MADE THE DECISION THAT WE'RE GOING TO HOLD, UH, TOURIST HOME APPLICATIONS, SHOULD WE CONTINUE TO ACCEPT APPLICATIONS OR SHOULD THEY BE PLACED ON HOME? YES.

WE, WE, WE FEEL THAT WE SHOULD CONTINUE TO ACCEPT APPLICATIONS, UH, TECHNICALLY, UH, IF YOU GO BY THE ZONING ORDINANCE, UH, SOMEBODY SUBMITS AN APPLICATION AND IT'S COMPLETE, WE HAVE TO ACCEPT IT.

WE DON'T HAVE A CHOICE.

GOTCHA.

BUT WE INFORM PEOPLE, YOU KNOW, YOU'RE GONNA HAVE TO WAIT FOR A FINAL DECISION.

AND SO, UH, PEOPLE ARE AWARE OF THAT.

UH, SO IF THE, IF THE BOARD OF SUPERVISORS CREATES DIFFERENT CRITERIA OR REQUIREMENTS THAT DON'T EXIST NOW AND IT AFFECTS THAT APPLICATION, DO THEY THEN HAVE A GRACE PERIOD TO GO BACK AND ADJUST THEIR APPLICATION BEFORE WE WELL, YOU CAN, YOU CAN ALWAYS, UH, ADJUST AN APPLICATION BEFORE IT GOES TO THE BOARD OF SUPERVISORS.

I MEAN, RIGHT UP UNTIL THE DATE OF THE MEETING.

UH, SO THEY'VE, THERE'S, YOU KNOW, THEY'VE GOT FLEXIBILITY.

THE APPLICANTS HAVE FLEXIBILITY TO MAKE CHANGES IF THEY NEED TO.