Jan 08, 2025 Planning Commission

[1. Call to Order]

[00:00:07]

RECALL TO ORDER THE YORK COUNTY, UH, PLANNING COMMISSION.

I TURN IT OVER TO STAFF.

ALRIGHT.

UM, SO OUR, UH, I'M GONNA DO A ROLL CALL.

MS. TARINI.

MR. CHAMBERLAIN.

MR. TITUS? HERE.

MR. BURETT? HERE.

MR. KING? HERE.

MR. KRANER? HERE.

MR. SMITH.

HERE.

MR. WASMER, YOU HAVE A QUORUM? ALRIGHT.

UM, SINCE OUR CHAIR AND VICE CHAIR ARE ABSENT TONIGHT, MR. WASSER AND MR. CHAMBERLAIN ARE GONE.

WE HAVE TO ELECT A, UH, CHAIR PRO TEM.

SO, UM, I'LL OPEN UP THE FLOOR TO MOTION FOR ELECTION OF A PRO CHAIR, PRO TEM.

I'LL NOMINATE, UH, COMMISSIONER JP SMITH.

ALRIGHT.

ANY OTHER NOMINATIONS? ALRIGHT, I'LL CLOSE NOMINATIONS.

SO, UM, ANYONE, UH, MAKE A MOTION TO APPROVE, UH, MR. SMITH BEING THE PRO CHAIR, PRO TIM FOR THIS MEETING.

SO MOVED.

ALRIGHT.

AND, UH, ROLL CALL A MR. BAR.

MR. KLEINER IS TO ELECT GP SMITH AS CHAIR PRO TIM FOR TONIGHT'S MEETING.

MR. TITUS? YES.

MR. BROOK? YES.

MR. KING? YES.

MR. KLEINER? YES.

MOTION PASSES.

ALRIGHT.

CONGRATULATIONS SIR.

OKAY.

I'LL TURN IT BACK OVER TO YOU.

THANK YOU, SIR.

THANK YOU VERY MUCH.

UH, THE, UH, CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION, THE PURPOSE OF WHICH IS TO ADVISE A 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 AND ARE ALL MATTERS OF PUBLIC RECORD.

THE COMMISSION IS COMPRISED OF SEVEN CITIZEN VOLUNTEERS APPOINTED BY THE BOARD WITH ONE REPRESENTATIVE FROM EACH VOTING DISTRICT AND TWO AT LARGE.

I THINK WE HAVE COMPLETED ROLL CALL.

SO WILL PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE I 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.

THANK

[4. Approve Minutes – December 11, 2024]

UH, FIRST ORDER OF BUSINESS IS TO APPROVE OUR MINUTES.

UH, FROM THE LAST MEETING, I BELIEVE EVERYONE RECEIVED A COPY OF THE MINUTES.

ANY COMMENTS? ADDITIONS, DELETION.

OKAY.

DO WE HAVE A MOTION? I MOVE.

WE ACCEPT THE MINUTES OF DECEMBER 11TH.

OKAY.

ROLL CALL PLEASE.

THE MOTION BY MR. TITUS IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON DECEMBER 11TH, 2024.

MR. TITUS? YES.

MR. BROOKS? YES.

MR. KING ABSTAIN.

I WAS ABSENT.

MR. KRANER? YES.

MR. SMITH? YES.

MOTION PASSES.

OKAY.

THANK YOU VERY MUCH.

UH,

[5. Citizen Comments]

UH, DIDN'T SEE ANYONE SIGNED UP, UH, AT THIS TIME.

IS THERE ANYONE WHO WOULD LIKE TO ADDRESS THE COMMISSION BEFORE WE GET INTO OUR AGENDA? OKAY.

HAVING

[Application No. UP-1041-25, Panda Express: Request for a Special Use Permit, pursuant to Section 24.1-709(a) of the York County Zoning Ordinance, to authorize an increase in sign area for a fast food restaurant on a 1.06-acre parcel (GPIN C19c-0343-1562) located at 6632 Mooretown Road (Route 603). The business is allowed to have 97.5 square feet of cumulative wall sign area and the application requests 144 square feet of cumulative wall sign area. The property is zoned EO (Economic Opportunity) and designated Economic Opportunity in the Comprehensive Plan. Staff Planner: Jeanne Sgroi, Senior Planner]

LET'S SEE, WE HAVE A COUPLE OF APPLICATIONS.

FIRST UP IS UP 10 41 DASH 25.

OVER TO STAFF PLEASE.

I WANNA KNOW THAT THE, UM, APPLICANT WAS UNABLE TO MAKE IT TO THIS MEETING TONIGHT DUE TO INCLEMENT WEATHER, AND HE REQUESTED THAT YOU CONTINUE THIS CASE TO THE FEBRUARY 12TH, 2025 MEETING.

UM, SINCE WE ALREADY ADVERTISED THE HEARING, I WILL PRESENT THE APPLICATION ANYWAY.

SO THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE AN INCREASE IN WALL SIGN AREA FOR A PANDA EXPRESS FAST FOOD RESTAURANT.

LOCATED AT 6 6 3 2 MOTOWN ROAD.

THE BUSINESS IS ALLOWED TO HAVE 97.5 SQUARE FEET OF CUMULATIVE WALL SIGN AREA, AND THE APPLICANT IS REQUESTING 144 SQUARE FEET OF CUMULATIVE WALL SIGN AREA.

SO THE SUBJECT PROPERTY IS ZONED EO FOR ECONOMIC OPPORTUNITY.

THE SURROUNDING PROPERTIES ARE ZONED RC FOR RESOURCE CONSERVATION, RR FOR RURAL RESIDENTIAL AND PD FOR PLAN DEVELOPMENT.

THE SUBJECT PROPERTY IS SHOWN HERE IN YELLOW TO THE NORTH IS UH, TIDAL WAVE AUTO SPA.

CAR WASH TO THE EAST IS THE WILLIAMSBURG MARKET CENTER SHOPPING CENTER.

UH, THE LOT TO THE SOUTH IS UNDEVELOPED,

[00:05:01]

SO NOW LET'S MOVE INTO STAFF'S CONSIDERATIONS AND CONCLUSIONS.

UH, THE PROPERTY WAS PURCHASED BY CFT NV DEVELOPMENTS IN 2024 AND IS CURRENTLY BEING DEVELOPED AS A PANDA EXPRESS FAST FOOD RESTAURANT.

THE BUSINESS OBTAINED A SPECIAL USE PERMIT TO ESTABLISH A FAST FOOD RESTAURANT WITH A DRIVE-THROUGH WINDOW IN THE ECONOMIC OPPORTUNITY ZONING DISTRICT, AND A SPECIAL EXCEPTION TO AUTHORIZE THE CLEARING OF EIGHT TREES IN THE REQUIRED 45 FOOT GREEN BELT BUFFER ALONG MOTOWN ROAD IN DECEMBER, 2023.

NOW, I'VE INCLUDED A PHOTO OF THE SITE BEFORE THOSE EIGHT TREES WERE CLEARED FROM THE GREEN BELT BUFFER AND AFTER, UH, THESE ARE BOTH HEADING SOUTH ON MOTOWN ROAD AND THESE ARE VIEWS FACING NORTH ON MOTOWN ROAD.

I PLACED ARROWS, UH, POINTING TO THE FUTURE SITE.

SO ACCORDING TO SECTION 24.1 DASH 7 0 2 A FOUR, THE MAXIMUM ALLOWABLE CUMULATIVE WALL SIGN AREA SHALL BE BASED ON THE WIDTH OF THE FACE OF THE PRINCIPAL BUILDING, WHICH IS PARALLEL TO THE PRINCIPAL STREET PROVIDING ACCESS TO THE SUBJECT BUILDING.

SECTION 24.1703 A EXPLAINS THAT WALL SIGNS IN THE EO DISTRICT MAY HAVE A MAXIMUM CUMULATIVE WALL SIGN AREA PER LOT OF 1.5 SQUARE FEET PER LINEAR FOOT OF PRINCIPAL BUILDING WIDTH, THOUGH THE WEST SIDE OF THE BUILDING WILL FACE MORE TOWN ROAD, AND THIS IS THE LONGER SIDE OF THE BUILDING, THE WIDTH IS 65 FEET.

THEREFORE, THE BUSINESS IS PERMITTED TO HAVE 97.5 SQUARE FEET OF CUMULATIVE WALL SIGN AREA.

THE BUSINESS PROPOSED AND WAS APPROVED FOR TWO SIX FOOT DIAMETER ROUND WALL SIGNS ON THE EAST AND SOUTH ELEVATIONS AT 36 SQUARE FEET.

EACH TOTALING 72 SQUARE FEET OF CUMULATIVE WALL SIGN AREA IN OCTOBER OF 2024.

THE EAST ELEVATION FACES THE SHOPPING CENTER AND THE SOUTH ELEVATION FACES THE ACCESS ROAD FOR THE SHOPPING CENTER.

THE BUSINESS WAS ALSO APPROVED FOR A 200 SQUARE FOOT MONUMENT SIGN ON THE WEST SIDE OF THE PROPERTY ALONG MOTOWN ROAD.

OH, THE APPLICANT IS REQUESTING AN INCREASE IN THEIR CURRENTLY PERMITTED CUMULATIVE WALL SIGN AREA IN ORDER TO INSTALL TWO MORE SIX FOOT DIAMETER ROUND WALL SIGNS ON THE WEST AND NORTH ELEVATIONS.

THOSE ARE THE SIDES FACING MOTOWN ROAD AND THE TIDAL WAVE AUTO SPA CAR WASH.

THESE ADDITIONAL SIGNS WOULD ADD 72 SQUARE FEET TO THE PREVIOUSLY APPROVED 72 SQUARE FEET ON THE EAST AND SOUTH ELEVATIONS FOR A CUMULATIVE WALL SIGN AREA OF 1 44 SQUARE FEET.

THE EXCEEDS THE ALLOWABLE WALL SIGN AREA BY 46.5 SQUARE FEET.

SECTION 24.1 DASH 7 0 9 OF THE ZONING ORDINANCE PROVIDES FOR INCREASES IN SIGN AREA THROUGH THE SPECIAL USE PERMIT PROCESS WHEN A HARDSHIP CAN BE DEMONSTRATED DUE TO A PROPERTIES TOPOGRAPHY, VEGETATION, PARCEL SHAPE, OR DISTANCE FROM A ROAD RIGHT OF WAY.

THE NARRATIVE SUBMITTED BY THE APPLICANT DESCRIBES THREE HARDSHIPS RELATING TO TRAFFIC PATTERNS, LINE OF SIGHT AND CORPORATE IMAGE.

I'M GONNA START BY DISCUSSING TRAFFIC PATTERNS.

SO IN THE NARRATIVE, THE APPLICANT STATES THE ONLY ENTRANCE TO THE FACILITY IS LOCATED ON THE NORTHBOUND LANE OF MOTOWN ROAD BECAUSE THERE'S AN ISLAND DIVIDING THE HIGHWAY, WHICH PREVENTS CUSTOMERS FROM ACCESSING THE SITE FROM THE SOUTHBOUND LANE.

STAFF EXAMINED THE SHOPPING CENTER TRAFFIC PATTERNS AND NOTED THAT THERE ARE THREE ENTRANCES TO THE SHOPPING CENTER AND TWO ENTRANCES INTO THE SUBJECT PARCEL.

THE SECOND ENTRANCE INTO THE SUB, UH, SHOPPING CENTER DOES OFFER THE MOST DIRECT PATH TO THE FUTURE SITE OF PANDA EXPRESS.

HOWEVER, ALL THREE ACCESS ROADS LEAD TO AN INTERIOR ACCESS ROAD THAT RUNS PARALLEL ALONG THE ENTIRE CENTER.

THE PARALLEL ROAD WILL ALLOW ACCESS TO THE PAN EXPRESS FROM ANY OF THESE, THE THREE ENTRANCES.

THE APPLICANT GOES ON TO SAY THAT IF A CUSTOMER MISSES THEIR ENTRANCE, THE SECOND ENTRANCE TO THE SHOPPING CENTER, THEY WILL HAVE TO DRIVE AROUND THE BLOCK TO GET BACK TO THEIR ENTRANCE, WHICH THE APPLICANT ASSERTS WILL CAUSE MORE AREA CONGESTION, MOSTLY AT INTERSECTIONS.

SO FOR CONTRAST, STAFF EXAMINED THE TRAFFIC PATTERNS AROUND THE PANDA EXPRESS ON VICTORY BOULEVARD, WHICH OPERATES IN THE VICTORY SQUARE, I'M SORRY, VILLAGE SQUARE SHOPPING CENTER.

THIS PANDA EXPRESS HAS A MONUMENT SIGN ALONG VICTORY BOULEVARD, SIMILAR TO THE SUBJECT PROPERTY.

IT ALSO HAS THREE WALLS ON THE NORTHEAST AND WEST ELEVATIONS, SORRY, THREE WALL SIGNS.

AND I'LL EXPLAIN HOW THIS PANDA EXPRESS WAS ABLE TO HAVE THREE SIGNS LATER IN THIS PRESENTATION.

SO THIS PANDA EXPRESS HAS TREES LINING THE PROPERTY ALONG VICTORY BOULEVARD.

JUST LIKE THE SUBJECT PROPERTY HAS TREES ALONG MOTOWN ROAD.

VICTORY BOULEVARD HAS AN ISLAND THAT DIVIDES THE EAST AND WESTBOUND LANES FROM EACH OTHER LIKE MOTOWN ROAD.

THE VILLAGE SQUARE SHOPPING CENTER HAS TWO TRAFFIC LIGHT INTERSECTION ENTRANCES AND THREE MORE ENTRANCES THAT ARE ONLY ACCESSIBLE FROM THE EASTBOUND LANE LIKE THE WILLIAMSBURG MARKET CENTER.

THE VICTORY SHOPPING CENTER HAS AN INTERIOR ACCESS ROAD THAT RUNS PARALLEL ALONG THE ENTIRE SHOPPING CENTER LIKE THE SUBJECT PROPERTY.

UH, THIS PAN EXPRESS ALSO HAS TWO ENTRANCES.

CUSTOMERS TRAVELING EASTBOUND ON VICTORY BOULEVARD HAVE ONE OPPORTUNITY TO TURN INTO THE SHOPPING CENTER BEFORE PANDA EXPRESS, WHICH IS COMMONWEALTH DRIVE.

AND IF THEY MISS IT, THERE ARE FOUR MORE AFTER IT.

CUSTOMERS TRAVELING, UH,

[00:10:01]

AND IF THEY MISS IT, THERE IS ONE MORE OPPORTUNITY TO ACCESS THE SHOPPING CENTER COMMONWEALTH DRIVE.

THERE HAS BEEN NO NOTICEABLE TRAFFIC INGESTIONS, UH, TRAFFIC INGESTIONS AT THE INTERSECTION DUE TO THE ADDITION OF THIS PANDA EXPRESS.

SO FOR THIS REASON, STAFF BELIEVES THE PROPOSED ADDITIONS OF WALL SIGN AREA WILL HAVE NO IMPACT ON TRAFFIC.

SO NEXT WE'LL MOVE INTO LINE OF SIGHT.

THE APPLICANT'S NARRATIVE EXPLAINS THAT THE PROPERTY IS NARROWER THAN IT IS DEEP.

ACCORDING TO THE APPLICANT, THE PROPERTY'S FRONTAGE IS ONLY 120 FEET WIDE BY 280 FEET LONG.

THOSE STAFF USED THE PROPERTY INFORMATION SYSTEM TO MEASURE THE APPROXIMATE PARCEL FRONTAGE AND FOUND IT TO BE 190 FEET BY 244 FEET LONG.

STAFF BELIEVES THE APPLICANT IS, UH, SUGGESTING THE SIZE OF THE PARCEL CONTRIBUTES TO THE LACK OF VISIBILITY TO THE SITE.

HOWEVER, THERE ARE MANY BUSINESSES ALONG THE COUNTY'S COMMERCIAL CORRIDORS WITH NARROWER FRONTAGES THAT HAVE NOT REPORTED ANY HARDSHIPS.

FOR EXAMPLE, THE TACO BELL LOCATED NEXT DOOR TO THE PANEX EXPRESS ON VICTORY BOULEVARD, HAS APPROXIMATELY 170 FEET OF FRONTAGE, WHICH IS 20 FEET NARROWER THAN THE SUBJECT PROPERTY.

THE APPLICANT'S NARRATIVE GOES ON TO EXPLAIN THE ADVANCED TR UH, TREE GROWTH AND AN ELEVATION OF MORE THAN 20 FEET FROM GRADE TO THE CENTER LINE OF THE ROADWAY ADDS TO THE DRAMATIC REDUCTION IN, UH, SITE LINES TO OUR RESTAURANT.

THE APPLICANT INCLUDED THIS PHOTO IN THEIR NARRATIVE.

HOWEVER, THE PROPERTY OWNERS RECEIVED A SPECIAL EXCEPTION TO CLEAR EIGHT TREES IN THE GREEN BELT, AND THIS PHOTO WAS TAKEN BEFORE THEY WERE CLEARED.

SO THIS IS WHAT THE SUBJECT PROPERTY LOOKS LIKE TODAY.

UH, THE SIGHT LINES ARE DRAMATICALLY IMPROVED BY THE REMOVAL OF THESE TREES.

FURTHERMORE, THE MONUMENT SIGN WILL BE LOCATED CLOSER TO MOTOWN ROAD THAN THE TREE LINE, AND THUS WILL BE UNOBSTRUCTED FROM VIEW FROM MOTOWN ROAD.

THE PANDA EXPRESS LOCATED OFF VICTORY BOULEVARD HAS TREES ALONG ALL FOUR SIDES OF THE PROPERTY WITH A MONUMENT SIGN CLOSER TO VICTORY BOULEVARD THAN THE TREES.

UH, THE EXISTING PANDA EXPRESS HAS NOT REPORTED ANY HARDSHIPS.

THE APPLICANT COMPLETES THIS POINT BY SAYING THAT THERE ARE NINE OTHER RESTAURANTS WITHIN A SEVEN MILE RADIUS, ONE RIGHT ACROSS THE STREET.

IF IT'S TOO HAZARDOUS OR INCONVENIENT FOR A NEW CUSTOMER TO FIND US, THEY WILL GO TO ANOTHER RESTAURANT.

HOWEVER, THERE ARE SEVEN RESTAURANTS JUST WITHIN THE VILLAGE, UH, SHOPPING CENTER WHERE THE VICTORY BOULEVARD PANDA EXPRESS IS LOCATED AND MANY MORE WITHIN A SEVEN MILE RADIUS.

THE PANDA EXPRESS HAS REPORTED NO HARDSHIPS.

SO FINALLY, WE'LL DISCUSS CORPORATE IMAGE.

SO THE APPLICANT'S FINAL ARGUMENT IS PANDA EXPRESS CORPORATE IMAGE IS TO HAVE A NAME OVER THE ENTRANCE OF EACH WALL ELEVATION WITH A LOGO SIGN ON EACH WALL.

THE APPROVED SITE PLAN FOR THE SUBJECT PARCEL SHOWS ENTRANCES ON, UH, THE NORTHEAST AND SOUTH ELEVATIONS STAFF EXAMINE THE SIGNS FOR THE PAN EXPRESS ON VICTORY BOULEVARD.

THIS PAN EXPRESS HAS THREE ENTRANCES, UH, WITH WALL SIGNS OVER EACH.

THE VICTORY BOULEVARD.

PAN EXPRESS HAS ALLOWED A CUMULATIVE WALL SIGN AREA OF 103.5 SQUARE FEET, AND THEY HAVE A CUMULATIVE WALL SIGN AREA OF 101.98 SQUARE FEET.

THEY ACHIEVED THIS BY USING TWO ROUND PANDA EXPRESS SIGNS WITH A DIAMETER OF FIVE AND A HALF FEET EACH, UH, WITH AN AREA OF 30 POINT 25 SQUARE FEET.

UH, RATHER THAN THE SIX FOOT DIAMETER PANDA EXPRESS SIGNS EACH WITH AN AREA OF 36 SQUARE FEET PROPOSED BY THE APPLICANT FOR THE MOTOWN ROAD LOCATION.

UH, PLUS ONE CHANNEL LETTER TYPE SIGN WITH A, WITH 41.48 SQUARE FEET.

AS A REMINDER, THE APPLICANT IS ALLOWED TO HAVE 97.5 SQUARE FEET OF CUMULATIVE WALL SIGN AREA.

IF THE APPLICANT HAD PROPOSED THREE, UH, FIVE AND A HALF FOOT DIAMETER ROUND SIGNS, THEIR CUMULATIVE WALL SIGN AREA WOULD BE, UH, 90.75 SQUARE FEET, WHICH WOULD PRECLUDE THE NEED FOR A SPECIAL USE PERMIT FOR AN INCREASE IN WALL SIGN AREA AND STILL GIVE THEM A WALL SIGN OVER EACH ENTRANCE ON THE NORTHEAST AND SOUTH ELEVATIONS.

THE WEST ELEVATION, WHICH WOULD BE SOMEWHAT OBSCURED BY THE GREEN BELT, WOULD STILL HAVE A MONUMENT SIGN IN FRONT OF THE TREES.

SO MOVING INTO STAFF'S RECOMMENDATION, UH, THE ZONING ORDINANCE REQUIRES THAT A HARDSHIP MUST BE DEMONSTRATED IN ORDER FOR AN INCREASE IN SIGN AREA TO BE APPROVED.

NAMELY, THAT SIGNAGE CANNOT BE SEEN BY VEHICLES ON A BUDDING ROADWAYS DUE TO A PROPERTY'S TOPOGRAPHY, VEGETATION PARCEL SHAPE OR DISTANCE FROM, UH, RIGHT OF WAY, GIVEN THAT THE SUBJECT PROPERTY COULD HAVE A SIGNAGE, UH, COULD HAVE SIGNAGE VISIBLE FROM ALL ABUTTING ROADWAYS BY REDUCING THE DIAMETER OF THEIR SIGNS BY A HALF FOOT, WHICH IS WHAT THE VICTORY BOULEVARD PANDA EXPRESS HAS DONE.

STAFF BELIEVES THE APPLICANT HAS NOT DEMONSTRATED A SUFFICIENT HARDSHIP TO WARN AN INCREASE IN WALL SIGN AREA.

THEREFORE, STAFF RECOMMENDS DENIAL OF THE APPLICATION.

HOWEVER, STAFF HAS INCLUDED RESOLUTION NUMBER PC 25 DASH ONE IF THE PLANNING COMMISSION WOULD LIKE TO RECOMMEND APPROVAL OF THIS APPLICATION.

THANK YOU.

AND I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU VERY MUCH, COMMISSIONERS.

QUESTIONS FOR STAFF?

[00:15:01]

OKAY, THANK YOU.

UM, WHEN YOU DISCUSSED THIS REDUCTION TO FIVE AND A HALF FOOT WITH THE APPLICANT, WHAT WAS HIS RESPONSE IN RELATIONSHIP TO, UH, THE NEED FOR A SPECIAL USE PERMIT WHEN HE COULD ACCOMPLISH HIS GOALS OF THAT? WHAT WAS HIS RESPONSE TO THAT? SO I DIDN'T HAVE THAT CONVERSATION WITH HIM, BUT OUR, UM, ZONING AND CODE ENFORCEMENT OFFICE IS THE ONE THAT, UM, ISSUES THOSE ADMINISTRATIVE PERMITS AND, UH, THEY, THEY SPOKE WITH THEM AND I, I DON'T KNOW WHAT THEY SAID.

I JUST KNOW THAT THAT WASN'T SUFFICIENT AND HE WANTED TO CONTINUE WITH THE SPECIAL USE PERMIT.

OKAY.

YEAH.

YEAH.

JEANNIE, UM, WHEN WE GET IN THIS SITUATION OF EXPANDING AND LETTING PEOPLE GET THESE HARDSHIPS, IF THEY MEET THE HARDSHIPS, WILL THAT CREATE ANOTHER ATMOSPHERE FOR OTHER BUSINESSES TO TRY TO DO THE SAME THING? IT, IT COULD.

I, I BELIEVE SO.

OKAY.

THAT'S ALL.

NO, I HAVE NO QUESTIONS.

OKAY.

OKAY.

UH, I DON'T HAVE ANY QUESTIONS MYSELF.

SO AT THIS POINT, WE WILL, UH, OPEN THE PUBLIC HEARING.

DOES THE APPLICANT, UM, WISH TO ADDRESS? SO THE, THE, THE APPLICANT, UM, SAID THAT THEY COULD NOT MAKE IT BECAUSE OF WEATHER CONDITIONS TONIGHT.

SO THEY HAD ASKED THAT IF YOU COULD CONTINUE THE MEETING UNTIL FEBRUARY, WHERE THEY CAN BE HERE, UM, TO REPRESENT THEMSELVES.

OKAY.

I GUESS WE'LL HAVE THAT DISCUSSION THEN.

I THINK WE HAVE A COUPLE OF, UH, CITIZENS TO ADDRESS THE COMMISSION.

UH, SO AT THIS POINT, WITH YOUR ALL'S INDULGENCE, WE'LL GO WITH THE, UM, FOLKS THAT HAVE SIGNED UP.

UH, FIRST OF ALL, I HAVE, UH, MR. TIM CROSS, UH, AND ALSO REMIND OUR AUDIENCE THAT WHEN YOU ADDRESS, YOU HAVE, UM, THREE MINUTES CORRECT, UH, TO SPEAK.

AND WE NEED YOUR NAME AND HOME ADDRESS PLEASE.

THANK YOU.

GOOD EVENING, MR. CHAIR, PRO TEM AND MEMBERS OF THE COMMISSION.

MY NAME IS TIM CROSS AND I RESIDE AT 1 0 9 HOLLOWAY DRIVE IN QUEENS LAKE.

AND I'M HERE TONIGHT TO SPEAK IN OPPOSITION TO THIS APPLICATION.

I LIVE IN THE UPPER COUNTY AND I DRIVE ON MOTOWN ROAD FAIRLY FREQUENTLY.

I'M VERY FAMILIAR WITH THE SITE.

THE ZONING ORDINANCE SETS A PRETTY HIGH STANDARD, UH, PRETTY HIGH THRESHOLD FOR INCREASES IN SIGN AREA, AND THAT'S BY DESIGN BECAUSE WE ALL KNOW THE BUSINESSES WILL ALWAYS WANT AS MUCH SIGNAGE AS THEY CAN GET.

SO IT'S IMPORTANT THAT ANY INCREASES IN SIGN AREA BE CONSIDERED ONLY WHEN THE APPLICANT CAN DEMONSTRATE THERE ARE VERY UNUSUAL CIRCUMSTANCES THAT CREATE A TRUE HARDSHIP JUSTIFYING AN INCREASE.

I'VE REVIEWED THE APPLICANT'S JUSTIFICATION FOR THE INCREASE IN SIGN AREA, AND I DON'T THINK IT COMES CLOSE TO MEETING THAT THRESHOLD.

THE APPLICANT'S NARRATIVE, UH, STATES THAT ADVANCED TREE GROWTH DRAMATICALLY REDUCES SIGHT LINES TO THE RESTAURANT.

WELL, REGARDING SIGHT LINES, THE COUNTY'S GREENBELT STANDARDS SPECIFICALLY PROVIDE FOR LIMITED CLEARING OF, UH, UH, LIMBS AND UNDERSTORY TO PROVIDE REASONABLE SIGHT LINES TO A COMMERCIAL ESTABLISHMENT.

AND AS YOU SAW IN THE PHOTOS THAT, UH, MS. CROY, UH, SHOWED, UM, THE VEGETATION TODAY IS NOWHERE NEAR AS THICK, UH, AS THAT, UH, GOOGLE EARTH IMAGE SUBMITTED WITH THE APPLICATION, UH, SUGGESTS.

SO EVIDENTLY THEY HAVE, UH, TAKEN ADVANTAGE OF THAT PROVISION OF THE ORDINANCE.

UM, THE APPLICANT'S NARRATIVE FURTHER STATES THAT INCREASED SIGNAGES NEEDED.

SO CUSTOMERS TRAVELING SOUTHBOUND ON MOTOWN ROAD, WHO MIGHT NOT SEE THE RESTAURANT FROM THE FIRST SHOPPING CENTER ENTRANCE WOULD HAVE TO DRIVE AN EXTRA THOUSAND FEET OR SO TO THE NEXT ENTRANCE AND CIRCLE BACK AND THEY SAY, CREATE AN INCON INCONVENIENCE WORSE THAN CONGESTION AND BE POTENTIALLY HAZARDOUS.

THE SECOND ENTRANCE IS SIGNALED, UH, INTERSECTION AND IT HAS A 200 FOOT, UH, LEFT TURN LANE WITH 150 FOOT TAPER.

SO I'M NOT SURE WHAT THE HAZARD IS, AND I REALLY HAVE YET TO SEE ANY CONGESTION AT THAT INTERSECTION.

UH, ANY IN INCONVENIENCE WOULD BE NEGLIGIBLE AND NOT UNLIKE THAT EXPERIENCED, UM, AT MANY OTHER RESTAURANTS AND BUSINESSES IN THE COUNTY.

FURTHERMORE, THE RESTAURANT BUILDING WOULD BE 700 FEET FROM THE BEGINNING OF THAT FIRST LEFT TURN LANE WHERE YOU WOULD HAVE TO MAKE THE DECISION TO TURN IN.

YOU WOULDN'T EVEN SEE, UH, THESE WALL SIGNS FROM THAT FAR AWAY.

YOU, YOU MUCH MORE LIKELY TO SEE THE 64 FOOT SQUARE FOOT, UH, FREESTANDING SIGN ON MOTOWN ROAD.

LASTLY, AND PERHAPS MOST IMPORTANTLY, UH, THE NARRATIVE STATES THAT PANDA EXPRESS'S CORPORATE IMAGE IS TO HAVE A NAME OVER THE ENTRANCE OF EACH WALL ELEVATION WITH A LOGO SIGN ON EACH WALL.

THEY'RE ENTITLED TO THEIR CORPORATE STANDARDS, BUT THE COUNTY HAS ITS STANDARDS TOO, AND THEY APPLY TO EVERYBODY ASSUMING THEY DID THEIR DUE DILIGENCE.

PANDA EXPRESS KNEW WHAT THOSE STANDARDS WERE BACK WHEN THEY, UH, APPLIED FOR THEIR USE PERMIT A YEAR AGO, AND THEY COULD HAVE SUBMITTED THIS REQUEST AS PART OF THEIR ORIGINAL APPLICATION.

[00:20:01]

I DON'T THINK IT'S GOOD POLICY FOR THE COUNTY TO DEVIATE FROM ITS SIGN STANDARDS JUST TO ACCOMMODATE SOME NATIONAL RETAILERS CORPORATE STANDARDS.

THERE ARE HUNDREDS OF ZOO EXAMPLES OF LOCALITIES ACROSS THE UNITED STATES THAT HAVE SUCCESSFULLY STOOD BY THEIR ORDINANCES IN THE FACE OF SUCH CORPORATE STANDARDS.

I BELIEVE YOUR COUNTY SHOULD DO THE SAME.

I URGE YOU TO RECOMMEND DENIAL OF THIS APPLICATION.

THANK YOU.

THANK YOU, SIR.

OKAY.

AT THIS TIME, UH, ANY OTHERS THAT WOULD LIKE TO ADDRESS, UH, THIS PARTICULAR APPLICATION? IF NOT, CLOSE THE PUBLIC HEARING AND TURN IT OVER TO, UH, COMMISSIONERS FOR DISCUSSION.

YOU CAN'T CLOSE THE PUBLIC UNLESS YOU WANT TO MOVE IT FORWARD.

OH, OH, OH, OH, OKAY.

SORRY.

YEAH, YOU WOULD LEAVE THE PUBLIC HEARING OPEN.

WE'LL KEEP THE PUBLIC HEARING OPEN.

UM, I GUESS THE FIRST DISCUSSION THEN IS THE APPLICANT'S REQUEST FOR CONTINUANCE.

YES.

UH, FOR US TO DISCUSS THAT.

UH, ANY THOUGHTS ON THAT BEFORE I ADD BOW? MY MY THOUGHT IS, UH, AN AWFUL LOT OF PEOPLE, WELL, NOT AN AWFUL LOT OF PEOPLE, BUT EVERYONE'S HERE TO MAKE THIS DECISION NOW.

UH, AND I'M, I DON'T KNOW WHAT THE EXTENUATING CIRCUMSTANCES ARE THAT KEPT THE APPLICANT FROM HERE, BUT I'M NOT, I'M NOT SURE WHAT THEY COULD PRESENT.

THAT HASN'T ALREADY BEEN SAID IS MY OPINION.

I HAVE SIMILAR THOUGHTS, MR. CHAIRMAN.

UM, UNLESS IT'S AN ABSOLUTE EMERGENCY, A LOT OF PEOPLE TIME AND EFFORT INTO COME INTO THIS MEETING, THIS IS A VERY SIMPLE MATTER FOR US TO DECIDE.

AND I, I AGREE.

MY FELLOW COMMISSIONER.

YEAH, I MEAN, IT'S PRETTY SIMPLE PROCESSES OF, OF ACCEPTING IT OR NOT ACCEPTING WHETHER A PERSON'S HERE OR NOT.

AND AS FAR AS WAVERING ON HAVING LARGER SIGNS IN A LOCATION, WHICH I DON'T THINK REALLY NEEDS IT, I, I WOULD LIKE TO, TO VOTE ON THIS.

OKAY.

I DON'T THINK WE NEED TO WAIT.

OKAY.

UH, I'M IN AGREEMENT.

I, UH, HAVING THE APPLICANT HERE, I DON'T THINK IS GOING TO CHANGE THE FACTS, UH, THAT THE STAFF HAS PRESENTED.

UM, SO I, I'D TAKE, I'M ALL INTO, YEAH.

YEAH.

SO WHAT WE'RE GONNA SAY IS, IF, SORRY TO INTERRUPT YOU.

APOLOGIES.

UM, IF YOU WANT TO MOVE IT FORWARD, YOU WOULD HAVE TO GO AHEAD AND CLOSE THE PUBLIC HEARING THEN.

OKAY.

PER NORMAL.

SO AT THIS TIME, I CLOSED THE PUBLIC HEARING, UM, AND OPEN IT UP TO COMMENTS FROM COMMISSIONERS.

UH, ANY COMMENTS? I THINK I'M READY TO MAKE A MOTION THAT WE OKAY.

ANY COMMENTS FROM ANYONE? NOT WHILE ENTERTAIN A MOTION? YEAH, IF I CAN FIND WHICH MOTION IT IS HERE, IT'S, I RECOMMEND THAT WE SEND PC 25 DASH ONE TO THE BOARD OF SUPERVISORS FOR APPROVAL.

OKAY.

ROLL CALL PLEASE.

THE MOTION MADE MR. TITUS IS TO ADOPT RESOLUTION NUMBER PC 25 DASH ONE TO AUTHORIZE AN INCREASE IN SIGN AREA AT 6 6 3 2 MOTOWN ROAD.

MR. BROOKS, NO.

NO.

IS AN, IS THE RIGHT ANSWER FOR NOT ADOPTING? THIS WAS YES.

NO.

OKAY.

NO MR. KING? NO.

MR. KRINER? NO.

MR. TITUS? NO.

MR. SMITH, NO.

MOTION FAILS.

OKAY.

THANK YOU VERY MUCH.

UH, MOVING

[Application No. ZT-203-25, York County Board of Supervisors: Consider amendments to the following sections of the York County Zoning Ordinance (Chapter 24.1), York County Code, pertaining to landscaping, transitional buffers, and greenbelts; Section 24.1-109, Administration, enforcement and penalties; Sections 24.1-240, Intent; 24.1-241, Landscape plan; 24.1-242 Landscaping standards; 24.1-243, Transitional buffers; 24.1-244, Landscape yards; and 24.1-245, Greenbelts; and various items within Appendix A, Diagrams, tables, and figures. Staff Planner: Caitlin Aubut, AICP, Acting Principal Planner]

UH, AGAIN, TURN IT OVER TO STAFF.

GET MYSELF ALL SITUATED HERE.

ALL RIGHT.

GOOD EVENING GENTLEMEN.

SO TONIGHT THIS IS A DISCUSSION OF AN APPLICATION TO COMMIT.

CONSIDER SOME MORE ZONING, TEXT AMENDMENTS.

UM, THESE ARE GONNA CENTER AROUND THE LANDSCAPING TRANSITIONAL BUFFER IN GREENBELT REGULATIONS AND THE ZONING ORDINANCE.

UM, VERY BRIEF HISTORY OF THESE REGULATIONS.

SO MOST OF OUR LANDSCAPING REGULATIONS ARE IN ARTICLE TWO, DIVISION FOUR, THE ZONING ORDINANCE.

ORIGINALLY THIS WAS ADOPTED WITH THE REST OF THE ORDINANCE WE'RE USING NOW IN 1995.

THERE'S BEEN REVISIONS TO IT, UM, IN THE YEARS SINCE.

SOME SMALL CHANGES, SOME LARGER CHANGES, I'LL NOTE WERE, UM, TO GREEN BELTS.

ORIGINALLY THEY WERE 35 FEET AND THEN THE 45 FOOT ONES WERE ADOPTED LATER TO KIND OF MATCH WHAT WAS HAPPENING IN JAMES CITY.

AND THEN, UH, OVERHAUL TO THE PLANTING CREDIT SYSTEM IN KIND OF THE LATE NINETIES.

THE , THE WAY WE CALCULATED PLANTING FOR LIKE LANDSCAPE YARDS, IT WAS, IT WAS KIND OF CONVOLUTED.

IT WAS JUST CONFUSING, LIKE BASED OFF THE SQUARE FOOTAGE OF THE YARD.

AND

[00:25:01]

HOWEVER, YOU KNOW, LIKE ANY SECTION OF THE ORDINANCE, IT WARRANTS, YOU KNOW, REVIEW AND AMENDMENTS AS THE YEARS PASS.

AND SO THAT'S WHAT THE BOARD WANTED TO DISCUSS.

UH, TWO WORD WORK SESSIONS IN AUGUST.

AND THEN IN DECEMBER OF 2024, THEY MET WITH STAFF TO DISCUSS WHAT IN THIS SECTION OF THE ORDINANCE IS WORKING, WHAT NEEDS TO BE CHANGED, WHAT NEEDS TO BE LOOKED AT AGAIN.

AND SO REALLY SOME KEY FEEDBACK WE GOT FROM THOSE DISCUSSIONS.

WE'RE KIND OF CENTERED AROUND THESE MAIN THEMES OF, YOU KNOW, WHEN I SAY MAINTENANCE, UM, LOOKING AT ONE OF THE POINTS THAT CAME OUT WAS, OKAY, WELL IF WE HAVE EXISTING VEGETATION THAT'S BEING CLAIMED FOR CREDIT AND THEN THAT GETS CUT DOWN LATER, IS THAT BEING REPLACED? IS THAT SYSTEM WORKING? FLEXIBILITY REALLY, ESPECIALLY FOR GREEN BELTS AND BUFFERS FOR SPECIAL SITUATIONS.

UM, REALLY HAVING BETTER, MORE ROBUST BUFFERS.

AND THEN AGAIN, CLEAR LANGUAGE AND CLEAR STANDARDS, FURTHER CONSIDERATIONS THAT STAFF ALSO TOOK WHEN WE WERE DRAFTING THESE, UH, WE CONSULTED PUBLIC WORKS.

THERE'S A LITTLE BIT OF INTERACTION WITH STORMWATER AND CHESAPEAKE BAY, SO WE WANTED THEM TO REVIEW AND PROVIDE THEIR INPUT.

UM, SAME WITH FIRE AND LIFE SAFETY, WHICH I'LL DISCUSS IN A FURTHER SLIDE HERE.

AND THEN JUST GENERAL BEST PRACTICES.

WE RECEIVED SOME FEEDBACK FOR VIRGINIA DEPARTMENT OF FORESTRY ON SOME OF OUR VEGETATION REQUIREMENTS.

AND THEN ALSO LOOKING AT STANDARDS IN DEPARTMENT OF CONSERVATION RECREATION, THE EXTENSION, AND LOOKING AT, OKAY, WHAT, WHAT'S BEST PRACTICES? WHAT CAN WE INCORPORATE HERE MOVING FORWARD? AND SO THAT KIND OF SUMS US UP TO OUR PROPOSED AMENDMENTS.

SO AS A CLARIFYING NOTE, A LOT OF WHAT'S IN THE RESOLUTION BEFORE YOU IS TEXTUAL CHANGES IN LIKE REFORMATTING OR REWRITING LANGUAGE.

SO I'M NOT GONNA GET INTO EVERY SINGLE THING WE DID HERE.

I'M GONNA HIT THOSE MAIN HIGHLIGHTS AND MORE SUBSTANTIAL CHANGES THAT WERE MADE.

OKAY, WE'RE GONNA TAKE A BRIEF TOUR DETOUR IN ARTICLE ONE, UM, 24 1, SECTION 1 0 9.

THAT'S THE ADMINISTRATION ENFORCEMENT AND PENALTY SECTION OF ZONING ORDINANCE.

AND IN THE ENFORCEMENT SECTION THERE IS A BIT OF TEXT THAT REFERENCES THE MAINTENANCE OF LANDSCAPING STANDARDS.

AND IT REALLY SPECIFICALLY ADDRESSES SECTION 24 1 2 42 THERE.

HOWEVER, WE'D LIKE TO REQUIRE AND PERPETUATE THE MAINTENANCE OF TRANSITIONAL BUFFER IN GREEN BELTS AS WELL.

SO WE JUST DID A SIMPLE TEXT CHANGE THERE TO REFERENCE THE ENTIRETY OF ARTICLE TWO, DIVISION FOUR, AND NOT JUST THAT ONE SPECIFIC SECTION.

ALL RIGHT, SO NOW WE'RE GONNA TRANSITION KIND OF TO THE MEAT OF OUR AMENDMENTS IN ARTICLE TWO DIVISION FOUR.

SO SECTION TWO 40 IS THE INTENT SECTION.

REALLY THE, THIS IS A STATEMENT OF THESE ARE LANDSCAPING REGULATIONS AND STANDARDS.

THIS IS WHY WE HAVE THEM SOME CHANGES THERE.

AGAIN, JUST TO MAKE THAT LANGUAGE A LITTLE BIT EASIER TO READ AND SIMPLIFY IT SLIGHTLY.

THERE'S ALSO TWO PARAGRAPHS IN THAT INTENT SECTION.

ONE IS DISCUSSING THE INTENT OF THE TRANSITIONAL BUFFER REGULATIONS.

AND THE THIRD PARAGRAPH IS DISCUSSING THE INTENT OF THE GREENBELT REGULATIONS FROM A READABILITY PERSPECTIVE, WE SIMPLY MOVE THOSE TWO PARAGRAPHS TO THOSE RESPECTIVE SECTIONS.

SO THE TRANSITIONAL BUFFER INTENT SECTION, WE JUST MOVE TO THE SECTION THAT ADDRESSES TRANSITIONAL BUFFERS IN 2 43.

PARAGRAPH ABOUT THE INTENT OF THE GREEN BELT REGULATIONS.

WE MOVE TO THE GREEN BELT REGULATIONS SECTION.

AND THAT'S JUST AGAIN, MAKE IT A LITTLE BIT EASIER TO READ.

SECTION 2 41 IS STANDARDS FOR LANDSCAPE PLANS.

SO THESE TELL US, OKAY, HOW SHOULD PLANS BE PREPARED? WHO SHOULD BE PREPARING THEM? WHAT SHOULD BE ON THERE? WHAT SITUATIONS, WARRANT PLANS AND YOUR REGULATIONS.

YOU END UP WITH SOMETHING LIKE THIS WHERE YOU ARE SHOWN, OKAY, WHERE AM WHERE'S WHERE ARE MY PLANTS GOING TO GO SURROUNDING MY DEVELOPMENT? AND AGAIN, A LOT OF THE CHANGES WE MADE HERE WERE, AGAIN, MORE SO FOR READABILITY OR SIMPLIFYING LANGUAGE, A MORE SUBSTANTIAL CHANGE YOU'LL NOTICE IS KIND OF AT THE BEGINNING OF THAT SECTION WHERE IT DISCUSSES WHO'S WHO SHOULD PREPARE LANDSCAPE PLANS.

AND YOU GET LIKE A LITTLE LIST OF PROFESSIONALS THERE.

UM, BUT THERE IS AN EXCEPTION RIGHT NOW IN THE CURRENT LANGUAGE THAT IS WE HAVE AN INDUSTRIALLY ZONED PROPERTY THAT'S ADJACENT TO A SECONDARY ROAD THAT THEY'RE EXEMPT FROM.

HAVING PROFESSIONAL PREPARATION IN THE LANDSCAPE PLAN AND KIND OF LOOKING AT, YOU KNOW, WHAT SORT OF INDUSTRIAL PROPERTIES WE HAVE THAT ARE AVAILABLE FOR DEVELOPMENT.

YOU KNOW, THEY TEND TO BE SMALLER IN SIZE OR FOR REDEVELOPMENT.

WE FEEL REALLY FEELS IT WARRANTS PROFESSIONAL PREPARATION OF THE PLANTS CONSIDERING, YOU KNOW, MAINTENANCE, UM, SPECIES.

AND SO ANOTHER THING TO CONSIDER IS, AGAIN, THERE'S A LOT OF PEOPLE ON THAT LIST.

YOU KNOW, YOU DON'T HAVE TO HIRE A LANDSCAPE ARCHITECT.

SOMEONE CAN HIRE A HORTICULTURIST, A NURSERY MAN.

WE ADDED CHESAPEAKE BAY PROFESSIONAL, UM, FOR ANOTHER DESIGN PROFESSIONAL THAT THE ZONING ADMINISTRATOR CAN APPROVE.

AND SO WE FIGURED KIND OF GIVEN THAT LATITUDE, WE PROS, PROS TO STRIKE THAT EXCEPTION.

[00:30:02]

AGAIN, NOT REALLY FUNDAMENTAL CHANGES, JUST SIMPLIFYING THE LANGUAGE.

UM, SOME NEW, NEW THINGS WE ADDED.

SO THERE'S UM, A POINT ABOUT A DESCRIPTION OF LIKE MAINTAINING YOUR PLANTINGS THROUGH THE YEAR, HAVING THAT ADDED ON THE PLAN.

UM, YOU'LL NOTICE IN 24 1 C TWO SPECIFICALLY, THERE'S SOME NEW LANGUAGE THERE ABOUT LIKE A STAND OF TREES.

AND SO IF YOU HAVE MATURE WOODS THAT YOU'RE THEN DEVELOPING AROUND AND YOU'RE GONNA PRESERVE THOSE, THEN IT TALKS ABOUT THE TRANSITIONING OR SOFTENING OF THE AREA DISTURBANCE.

AND SO REALLY THE PURPOSE OF THAT IS, OKAY, YOU HAVE A STAND OF TREES THAT WERE PREVIOUSLY KIND OF PROTECTED BY WOODS AND NOW THEY'RE EXPOSED.

WE DON'T WANT THEM TO DIE AND THEN SUBSEQUENTLY FALL DOWN AND CAUSE PROBLEMS ON THE PROPERTY.

AND SO WANTING THE DESIGN PROFESSIONAL TO CONSIDER THAT.

AND THEN ANOTHER LINE JUST FOR WHATEVER YOU'RE LOOKING AT VEGETATION, YOU'RE REALLY, WE WANT DESIGN PROFESSIONALS TO REALLY CONSIDER THE SUN, THE SOIL TYPE AND LOOK AT THOSE THINGS AS WELL.

2 42 IS OUR SECTION ABOUT LANDSCAPING STANDARDS.

SO THIS TELLS US, OKAY, WHAT KINDS OF PLANTS SHOULD BE PLANT? WHERE SHOULD THEY BE PLANTED? HOW MANY OF THE PLANTS NEED TO BE ON SITES? AGAIN, NOT A LOT OF MASSIVE FUNDAMENTAL CHANGES HERE.

UM, YOU KNOW, WE HAVE, WE CLEANED UP THE LANGUAGE ABOUT AROUND MAINTENANCE OF PLANTINGS.

AND ONE OF THE BOARD MEMBERS BROUGHT UP A KIND OF A QUESTION ABOUT, OKAY, IF I HAVE A MATURE TREE THAT I'M CLAIMING FOR LANDSCAPE CREDIT ON A SITE AND THEN I DECIDE TO GO CUT IT DOWN LATER, WELL HOW IS THAT BEING REPLACED CORRECTLY? AND SO WE CLARIFIED THE LANGUAGE TO SAY, OKAY, IF YOU GO AND CUT DOWN A 24 INCH OAK, YOUR REPLACEMENT VEGETATION NEEDS TO BE OF A SIZE AND NUMBER TO MAKE UP THOSE CREDITS.

AND MAKING THAT VERY CLEAR IN THE LANGUAGE.

YOU'LL NOTE WE ADDED A NEW POINT ABOUT VEGETATION AND EMERGENCY VEHICLE ACCESS.

NOW THIS REALLY CAME FROM FIRE AND LIFE SAFETY.

UM, WHEN DEVELOPMENT SERVICES, REVIEW SITE PLANS, A PRETTY UNIVERSAL COMMENT THEY ALWAYS GET FROM FIRE AND LIFE SAFETY IS IF YOU HAVE A PARKING LOT OR A DRY VIAL, THE VEGETATION, THEY DON'T WANT IT TO BE PLANTED IN A WAY THAT IT WOULD LIKE ENCROACH INTO THE DRY AND THEN BLOCK EMERGENCY VEHICLE ACCESS.

AND SINCE THAT'S A KIND OF A UNIVERSAL COMMENT, WE'RE SEEING, WE WENT AHEAD AND PUT IT AS A STANDARD IN THE ORDINANCE.

AND THEN FINALLY YOU'LL SEE A CHART.

UM, AND THIS'LL BE ACTUALLY ON PAGE 10 OF YOUR RESOLUTION IF YOU'RE LOOKING AT THAT RIGHT NOW.

AND THAT CHART TALKS ABOUT WHAT ARE CALLED LANDSCAPE YARDS.

AND SO AROUND A SITE YOU HAVE A FRONT LANDSCAPE YARD, A SIDE LANDSCAPE YARD REAR, AND THEN LIKE A BUILDING PERIMETER.

AND NOTABLY IN THE CHART WE CALL OUT THE PLANTING MINIMUMS FOR FRONT SIDE YARDS, BUILDING PERIMETERS AND PARKING LOTS, BUT WE DON'T EXPLICITLY STATE REAR YARD.

NOW IN PRACTICE WE'VE USED THE SIDE LANDSCAPING YARD STANDARD FOR REAR YARDS, BUT NOT HAVING REAR YARDS ACTUALLY WRITTEN OUT THERE HAS KIND OF CAUSED SOME CONFUSION.

YOU KNOW, WHEN I WAS IN DEVELOPMENT SERVICES, I WOULD GET CALLS FROM A CONFUSED ENGINEER WHO SAID, WELL, IT'S LIKE I CAN'T FIND IT IN YOUR ORDINANCE.

SO ALL WE DID IS WE JUST ADDED THAT REAR YARD INTO THERE.

MOVING UP TO LIKE RIGHT ABOVE THAT CHART IN YOUR ORDINANCE YOU'LL SEE SOME NEW LANGUAGE ABOUT PLANT SPECIES.

SO I WANNA SPEAK ABOUT INVASIVE PLANTS FOR A MINUTE.

UM, THERE ARE KNOWN PROBLEM FACTUALLY, YOU KNOW, A LOT OF THEM LIKE TREE OF HEAVEN'S, A REALLY INFAMOUS ONE THAT HAS A SPOTTED LANTERN FLY THAT CAUSES PROBLEMS OR ENGLISH IVY AND K ZOO THAT TAKE OVER, GROW UP INTO YOUR WOODS AND THEN KILL YOUR TREES.

IT'S KIND OF UNIVERSALLY AGREED THAT THEY'RE BAD, WE DON'T WANT THEM TO BE PLANTED.

SO JUST A NEW STATEMENT THERE THAT'S SAYING IF A PLANT IS ON THAT INVASIVE SPECIES LIST THAT DCR PUBLISHES, DON'T PLANT IT.

AND THEN IT'S KIND OF A CONVERSE TO THAT.

WE ADDED A NEW REGULATION FOR NATIVE PLANT SPECIES.

THERE'S KIND OF BEEN A RESURGENT IN THE PAST TWO DECADES WITH UNDERSTANDING HOW NATIVE PLANTS ARE IMPORTANT AND HOW THEY SUPPORT THE BIODIVERSITY AND ECOLOGY OF A PLACE.

UM, NATIVE PLANTS, YOU DON'T HAVE TO REALLY IRRIGATE THEM BECAUSE THEY'RE NATIVE.

THEY'VE BEEN HERE FOR HOWEVER MANY THOUSANDS, MILLIONS OF YEARS AND THEY CAN LOOK NICE.

YOU KNOW, THIS, THIS PHOTO I HAVE IS ACTUALLY FROM THE EXTENSIONS NATIVE PLANT GARDEN THAT'S IN FRONT OF OUR GOODWIN NET COUNTY OFFICES.

AND SO KIND OF SHOWING THAT, YOU KNOW, THEY, THEY'RE NOT WEEDY , THEY TEND TO LOOK NICE AND THEY'RE VIABLE FOR LANDSCAPING.

AND SO WE WANNA ENCOURAGE DEVELOPERS TO PLANT THOSE.

AND SO WE PROPOSE THAT 35%, UM, RATIO OF NATIVE PLANTS, YOU KNOW, KNOWING THAT NOT ALL NATIVE PLANTS ARE NECESSARILY THE BEST TO PLANT LIKE LOB LAKE PINE CAN BE A BIT PROBLEMATIC.

SO AGAIN, WE'RE NOT REQUIRING ALL OF YOUR PLANTS BE NATIVE, BUT JUST SOME PERCENTAGE OF THEM.

AND THEN THE LAST SUBSTANTIAL CHANGE I WOULD SAY IS IN THE LANDSCAPE CREDIT CHART.

OKAY, SO LANDSCAPE CREDITS, AS I KIND OF TOUCHED ON BRIEFLY, THEY'RE ESSENTIALLY OUR POINT SYSTEM FOR IF YOU HAVE TREES OR SHRUBS OF DIFFERENT SIZES, THEN THEY GET CERTAIN POINTS AND THAT TELLS YOU HOW MANY OF

[00:35:01]

AND REALLY THE ONLY CHANGE WE MADE WAS TO THE ONE AND A HALF INCH CALIBER DECIDUOUS TREE OR THE SIX FOOT HIGH EVERGREEN TREE.

UM, RIGHT NOW THAT'S WORTH THREE LANDSCAPE CREDITS, WHICH IS ONLY ONE LANDSCAPE CREDIT MORE THAN THE 18 INCH HIDER WIDTH SHRUB THAT YOU'RE REQUIRED TO PLANT.

AND INTERESTINGLY, WE ACTUALLY GOT SOME FEEDBACK FROM UM, VIRGINIA DEPARTMENT OF FORESTRY.

THEY SAID THE SMALLER TREES TEND TO ESTABLISH A LOT QUICKER AND ACTUALLY GROW TO MATURITY FASTER DUE TO LIKE SOMETHING ABOUT THEIR SIZE AND KIND OF HOW THEIR ROOTS GET ESTABLISHED.

AND SO, YOU KNOW, BUT DUE TO THE HOW MANY CREDITS THEY'RE WORTH, WE REALLY DON'T SEE THEM GETTING PLANTED VERY OFTEN.

UM, AND SO WE PROPOSED TO JUST BUMP THAT UP TO FOUR LANDSCAPE CREDITS.

AGAIN, WE DON'T WANT TO AWARD IT A LOT OF CREDITS 'CAUSE THEY'RE VERY SMALL TREES, BUT KIND OF RECOGNIZING THAT WE WANNA ENCOURAGE THAT A BIT MORE.

UM, WE MADE THAT ADJUSTMENT.

ALRIGHT, SECTION 2 43 IS ABOUT TRANSITIONAL BUFFERS.

UM, I'M GONNA REALLY SPEED THROUGH WHAT A TRANSITIONAL BUFFER IS, BUT ESSENTIALLY IT'S A LANDSCAPE BUFFER BETWEEN ZONING DISTRICTS OF VERY DIFFERENT INTENSITIES.

SO, YOU KNOW, INDUSTRIAL NEXT TO RESIDENTIAL OR COMMERCIAL NEXT TO RESIDENTIAL.

THE IDEA IS WE'RE GONNA PROTECT THE LESS INTENSE LAND USE FROM THE MORE INTENSE LAND USE.

THERE'S THREE TYPES.

WE HAVE A 25 FOOT, A 35 FOOT AND A 50 FOOT WHERE WE SAW SOME ROOM FOR IMPROVEMENT IN THE TRANSITIONAL BUFFER LANGUAGE IS KIND OF IN THE PLANTING RATIO.

SO THE CURRENT PLANTING RATIO PERMITS 70% OF YOUR CREDITS TO BE EARNED FROM SHRUBS AND 25 AND 35 FOOT BUFFERS, AND THEN HALF IN TYPE 50 BUFFERS.

AND THIS KIND OF CONFLICTS WITH THE KIND OF IDEA AND CONCEPT OF THE TRANSITIONAL BUFFER, WHICH IS TO PROTECT AND SCREEN A LESS INTENSE LAND USE.

UM, REALLY NOTING THAT AGAIN, OUR MINIMUM SHRUB PLANTING SIZE IS 18 INCH HEIGHTENED SPREAD, WHICH IS NOT VERY LARGE.

NOW THE ORDINANCE DOES HAVE A PIECE OF LANGUAGE THAT SAYS WHATEVER SHRUB YOU'RE GONNA PUT IN HAS TO EVENTUALLY BE FOUR FEET IN HEIGHT, BUT AT PLANTING IT'S PRETTY SMALL.

AND SO WE THOUGHT THAT THAT WARRANTED SOME ADJUSTMENT.

UM, SO WE CHANGED THAT RATIO TO HALF FOR TYPE 25 AND 35 BUFFERS AND THEN DOWN TO 35% TO TYPE 50 TO ENCOURAGE A WELL REALLY MANDATE YOU NEED TO PLANT MORE TREES AND MAKE THAT A BIT MORE ROBUST.

THE OTHER PIECE OF LANGUAGE WE CHANGED.

SO AS WRITTEN, THE TRANSITIONAL BUFFER INTO ORDINANCE HAS A LOT OF LANGUAGE THAT REALLY ADDRESSES ALL THESE SITUATIONS FOR WHERE DIFFERENT KINDS OF BUFFERS, WHERE SHOULD THEY GO ASIDE FROM THAT MATRIX YOU SEE, WHICH TELLS YOU THIS SIZE BUFFER NEXT TO THESE PARTICULAR DISTRICTS.

AND THERE'S A WHOLE, I MEAN, AS WRITTEN THERE'S, IT SAYS A LOT OF THINGS LIKE, YOU KNOW, WHAT IF I HAVE, UH, YOU KNOW, ONE PROPERTY THAT'S REDEVELOPING AND ANOTHER ONE'S ALREADY DEVELOPED, WHAT DO I DO? AND THERE'S GUIDANCE FOR THAT.

BUT WHERE THERE ISN'T REALLY A LOT OF, WE'LL CALL IT ABILITY TO MODIFY IS IN THE CASE OF AN INDUSTRIAL PARCEL SEPARATED FROM RESIDENTIAL ZONING BY A ROADWAY.

AND AS WRITTEN, IF YOU'RE A COMMERCIAL PROPERTY SEPARATED FROM RESIDENTIAL BY A ROADWAY, YOU CAN MODIFY YOUR BUFFER, BUT YOU CAN'T DO THAT IF YOU'RE INDUSTRIAL RIGHT NOW.

AND WHERE THIS KIND OF BECOMES WHERE WE'VE SEEN A BIT PROBLEMATIC IS WHEN YOU HAVE A SMALLER INDUSTRIAL SITE THAT PERHAPS WANTS TO REDEVELOPED AND INDUSTRIAL ZONING TYPICALLY WHEN AGAIN ADJACENT TO RESIDENTIAL IS USUALLY HAS TO ADHERE TO A 50 FOOT BUFFER.

SO THIS CAUSES SOME CONSTRAINTS FOR THE PROPERTY OWNER.

SO WHAT WE'VE PROPOSED HERE IS, AGAIN, ACKNOWLEDGING THE FACT THAT THERE IS A ROAD SEPARATING THE RESIDENTIAL FROM THE INDUSTRIAL, YOU KNOW, MODIFYING OR ASKING THE ZONING ADMINISTRATOR TO MODIFY THE BUFFER UP TO 25%, YOU KNOW, PROVING THAT THOUGH YOU, YOU HAVE THESE, YOU KNOW, SOMEWHAT PHYSICAL PROPERTY CONSTRAINTS AND THEN YOU'RE GONNA HAVE THESE SUPPLEMENTAL SCREENING METHODS.

SO IT'S NOT LIKE A FREE FOR ALL TO JUST, YOU KNOW, GET RID OF YOUR BUFFER, BUT IT ALLOWS THAT FLEXIBILITY.

WE ALSO ADJUSTED THE HEIGHT OF BERMS. UM, FOR THOSE OF YOU NOT FAMILIAR WITH THE TERMINOLOGY, A BERM IS AN EARTH AND MOUND IN WHICH YOU KIND OF LAND PUT LANDSCAPING ON TOP OF.

AND ON THE SIDES OF IT, WE PROPOSE JUST TO MAKE THOSE A BIT HIGHER FOR SUBSEQUENT TRANSITIONAL BUFFERS.

AND THE REASON FOR THAT IS IT'S, YOU CAN REDUCE THE SIZE OF YOUR TRANSITIONAL BUFFER IF YOU PUT A BERMIN.

AND SO WE'RE ACKNOWLEDGING THE FACT THAT AGAIN, WE WANT THOSE TO BE HIGH ENOUGH TO PROVIDE THAT EFFECTIVE SCREENING.

WE DIDN'T MAKE ANY SUBSTANTIAL CHANGES TO SECTION 2 44, WHICH TALKS ABOUT LANDSCAPE YARDS.

WE REFORMATTED AND WE KIND OF CLEANED UP SOME LANGUAGE, BUT NOTHING FUNDAMENTAL ACTUALLY CHANGED REGULATION WISE IN THIS SECTION.

ALRIGHT, OUR LAST SECTION HERE IS SECTION 2 45, WHICH IS ALL ABOUT GREEN BELTS.

UH, GREEN BELTS ARE VEGETATED STRIPS OF LAND THAT ARE ADJACENT TO CERTAIN ROADWAYS DESIGNATED BY THE BOARD.

UM, THEY'RE THREE, FIVE OR 45 FEET IN WIDTH EXCEPT FOR THE COLONIAL PARKWAY, WHICH IS 300 FEET.

AND WHAT THEY'RE INTENDED TO DO, UM, A NUMBER OF THINGS, IT'S, YOU KNOW, PARTIALLY AESTHETIC, PARTIALLY

[00:40:01]

THERE'S, THERE'S LIKE A HEAT ISLAND PIECE THERE, BUT THESE ARE THE ROADS JUST TO REFRESH YOU, UM, THAT HAVE A GREEN BUTT BUFFER.

AND GENERALLY THEY WORK WELL, BUT THERE'S ROOM FOR IMPROVEMENT.

UM, SO AS THE ORDINANCE IS WRITTEN RIGHT NOW, THERE'S CERTAIN MODIFICATIONS YOU CAN DO, LIKE, WE'LL SAY BUY RIGHTS.

SO FOR EXAMPLE, IF I WANNA PUT A SIDEWALK IN A GREEN BELT BUFFER, I CAN CLEAR TO DO THAT OR LIKE WAS ALLUDED TO IN THE LAST APPLICATION, YOU CAN LIMB UP OR CLEAR OUT ON YOUR STORY TO PROVIDE THOSE INDIRECT SIGHT LINES TO THE COMMERCIAL ESTABLISHMENT.

YOU CAN PUT A MONUMENT SIGN IN, YOU CAN ALSO GO TO THE BOARD OF SUPERVISORS AND ASK PERMISSION TO CLEAR FOR IF YOU NEED THAT TO HAPPEN.

BUT OTHERWISE YOU WOULD HAVE, WHAT WOULD HAPPEN IS IF YOU HAVE A, LIKE, LIKE AN UNDEVELOPED WOODED PARCEL, YOU GO ONTO IT AND YOU DEVELOP IT, THEN THAT 35 OR 45 FOOT STRIP OF LAND, YOU WOULD PRESERVE THE TREES IN THERE.

BUT YOU KNOW, NOT ALL PARCELS ARE WOODED, RIGHT? SOMETIMES THEY'VE BEEN CLEARED OR THEY'VE BEEN PARTIALLY CLEARED.

SO, SO WHAT HAPPENS IN THAT CASE? WELL, WE HAVE A PLANTING REQUIREMENT RIGHT NOW IN THE ORDINANCE FREE FOR LANDSCAPING AND RELANDSCAPING THOSE BUFFERS.

AND HOW IT'S WRITTEN RIGHT NOW IS WE SOMETIMES ENDS UP WITH SITUATIONS LIKE THIS WHERE, OKAY, I'VE ACHIEVED ALL MY LANDSCAPE CREDITS ON THIS SIDE AND I'VE PUT A FEW TREES IN AND I'VE MET THE, I'VE MET THE MINIMUM.

AND THE CHANGE WE PROPOSE IS TO REALLY ADDRESS THAT.

SO WE HAVE THAT VERY EXPLICIT LANGUAGE NOW, WHICH IS PROPOSED TO SAY, YOU KNOW, VEGETATION EVENLY DISTRIBUTED.

AND WE ALSO BEEFED UP THE LANDSCAPE CREDIT PLANTING REQUIREMENT A BIT TO AGAIN, MAKE THE BUFFER A BIT MORE ROBUST.

ADDITIONALLY, ONE BOARD MEMBER BROUGHT UP A POINT, UM, ABOUT SPECIAL SITUATION AND YOU KNOW, FOR PURPOSES OF EXAMPLE, I'VE USED HAMPTON HIGHWAY HERE WHERE YOU HAVE A RESIDENTIAL PARCEL, HAS A HOUSE AND A HOMEOWNER ON A GREEN BELT ROAD.

AND WELL, ARE YOU GONNA CALL ZONING OUT AND CITE THEM AND MAKE THEM PUT A GREEN BELT BUFFER IN? AND SO WE CONSIDER THAT AND YEAH, YOU KNOW, REALLY AGAIN, A RESIDENTIAL HOUSE, THERE'S NOT VERY MANY OF THEM.

THEY DON'T HAVE THE SAME IMPACT THAT LIKE A COMMERCIAL OR INDUSTRIAL, YOU KNOW, VISUALLY THAT, THAT WOULD HAVE.

SO WE PROPOSE AN EXCEPTION IN THOSE SPECIAL CASES.

ALL RIGHT.

AND THEN LASTLY, WE'RE ALMOST DONE , THE VERY BACK OF THE ORDINANCE IS APPENDIX A AND WE'VE ONLY PROPOSED TWO CHANGES HERE.

THE FIRST IS TWO, UM, FIGURE TWO SEVEN, AGAIN, THE PURPOSE OF APPENDIX A IS IT'S FULL OF LIKE CHARTS AND DIAGRAMS THAT KIND OF INFORM HOW YOU, YOU APPLY THE ZONING ORDINANCE.

AND THIS FIGURE WAS INTENDED TO HELP SOMEONE UNDERSTAND HOW TO PLAN A TRANSITIONAL BUFFER, HOWEVER IT HAS BEEN SCANNED, AND THEN SUBSEQUENTLY RE-SCAN SO MANY TIMES THAT IF YOU GO INTO THE ONLINE CODE NOW IT'S ESSENTIALLY INELIGIBLE AND YOU CAN'T READ IT.

SO WE SIMPLY JUST RECREATED THAT DIGITALLY, MAKE IT A BIT CLEARER AND THEN WE ALSO ADJUSTED BECAUSE WE'RE PROPOSING IN JUST THOSE SHRUB TREE RATIOS.

SO WE REFLECTED THAT AND THEN THAT FINAL CHANGE IS JUST, WE HAVE VERY WONDERFUL, VERY INFORMATIVE LANDSCAPE CHARTS THAT GIVE YOU A LOT OF INFORMATION, BUT ONE THING THEY DON'T HAVE IS NATIVE SPECIES.

SO OUR THOUGHT WAS, WELL, IF WE'RE GONNA REQUIRE PEOPLE PLANT NATIVE SPECIES, WE SHOULD PROBABLY INDICATE ON THE LANDSCAPE CHART WHICH ONES ARE NATIVE.

AND WE'VE DONE THAT GRAPHICALLY THERE.

SO THAT'S KIND OF THE SUM OF THE MAJOR CHANGES TO THE SECTIONS OF THE ORDINANCE.

UM, IF Y'ALL WANNA MOVE THIS TO THE BOARD OF SUPERVISORS FOR APPROVAL, YOU WOULD DO THAT THROUGH APPROVAL OF RESOLUTION PC 25 DASH TWO.