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[1.Call to Order]
WE'LL CALL THE ORDER THE APRIL 8TH MEETING OF THE YORK COUNTY PLANNING COMMISSION.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 AND ALL OUR MATTERS OF PUBLIC RECORD.
THE COMMISSION IS COMPRISED OF SEVEN CITIZEN VOLUNTEERS APPOINTED BY THE BOARD, WITH ONE REPRESENTING EACH VOTING DISTRICT AND TWO AT LARGE MEMBERS.
MR. CHAIRMAN, YOU HAVE A QUORUM? ALRIGHT.
PLEASE STAND FOR THE PLEDGE OF, OKAY.
[4.Approve Minutes– March 11, 2026]
NEXT ON THE AGENDA IS THE APPROVAL OF THE MINUTES FROM OUR LAST MEETING.ANY COMMENTS ON THE MINUTES? MR. CHAIR? I'LL MAKE A MOTION TO APPROVE THE MINUTES.
THE MOTION BY MR. WASSER IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON MARCH 11TH, 2026.
ALRIGHT, NEXT ON THE AGENDA IS CITIZEN COMMENTS.
THIS IS A CHANCE FOR CITIZENS TO ADDRESS THE PLANNING COMMISSION ON ANYTHING.
ANYBODY WISH TO SPEAK AT CITIZEN COMMENT? SEEING NONE, WE'LL MOVE INTO OUR
[Application No. UP-1067-26, Peter Guhl: This application is a request for a Special Use Permit, pursuant to Section 24.1-306 (Category 1, No. 6) of the York County Zoning Ordinance, to authorize the establishment of a tourist home on a 0.48-acre parcel (GPIN R09d-4462-1115) located at 1008 Hornsbyville Road (Route 718). The property is zoned RR (Rural Residential) and is designated Low -Density Residential in the Comprehensive Plan. Staff Planner, Jeanne Carner, Senior Planner]
FIRST PUBLIC HEARING.THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME AND AN EXISTING SINGLE FAMILY DETACHED DWELLING LOCATED AT 1 0 0 8 HORNSBY MILL ROAD.
IF GRANTED, THE APPLICANT WILL MAKE TWO OF THE THREE BEDROOMS IN HIS HOME AVAILABLE TO GUESTS.
THE APPROXIMATELY HALF ACRE PROPERTY IS LOCATED NEAR THE CORNER OF WOLF TRAP ROAD AND HORNSBY BILL ROAD.
THE SUBJECT PARCEL AND, UH, THE SURROUNDING PARCELS ARE ZONED RR.
THE HOUSE IS SURROUNDED ON THREE SIDES BY FOUR SINGLE FAMILY HOMES.
THE BACK OF THE PROPERTY, THE SOUTHEASTERN SIDE, ABUT CSX RAILROAD TRACKS.
BEYOND THAT IS ANOTHER SINGLE FAMILY HOME.
THE SUBJECT STRUCTURE IS A THREE BEDROOM, UH, 1,560 SQUARE FOOT, SINGLE FAMILY DETACHED DWELLING.
THE TWO BEDROOM OR THE TWO STORY DWELLING HAS THREE BEDROOMS, TWO AND A HALF BATHROOMS, A KITCHEN, LIVING ROOM, DINING ROOM, ATTACHED TO CAR, GARAGE AND DECK.
THE, THE APPLICANT PROPOSES TO STAY IN THE MASTER BEDROOM OF THE HOUSE WHILE RENTALS ARE TAKING PLACE.
HE PROPOSES TO ALLOW ANY COMBINATION OF GUESTS WITH AT LEAST ONE ADULT TO A MAXIMUM OF SIX PEOPLE TO STAY IN A HOME, UH, TO STAY IN THE HOME AT ANY ONE TIME.
SO, THE PERFORMANCE STANDARDS FOR TOURIST HOMES STATE THAT THE BOARD SHALL SPECIFY THE MAXIMUM NUMBER OF PERSONS WHO MAY BE ACCOMMODATED IN THE TOURIST HOME BASED ON THE DENSITY AND CHARACTER OF THE AREA, AS WELL AS THE SIZE AND CHARACTERISTICS OF THE HOME.
IN THIS CASE, THE APPLICANT WISHES TO MAKE TWO OF THE THREE BEDROOMS AVAILABLE FOR RENT TO UP TO SIX PERSONS WITH AT LEAST ONE ADULT.
WHILE THE APPLICANT'S PROPOSAL COULD ALLOW ONE ADULT AND FIVE CHILDREN, IT COULD ALSO ALLOW SIX ADULTS BASED ON THE NARRATIVE, WHICH STATES THAT THE APPLICANT WILL OCCUPY ONE BEDROOM AND LEAVE TWO BEDROOMS FOR RENTAL STAFF HAS PROPOSED A CONDITION OF APPROVAL THAT THE MAXIMUM NUMBER OF GUESTS BE LIMITED TO FOUR.
THE ZONING ORDINANCE REQUIRES FOUR PARKING SPACES FOR THE PROPOSED USE.
SECTION 24.1 DASH 6 0 6 A STIPULATES THAT, UH, TWO UH, SPACES PLUS ONE SPACE PER EACH SLEEPING ROOM IS REQUIRED FOR TOURIST HOMES.
AND A PARKING SPACE LOCATED WITHIN A GARAGE SHALL BE CREATED OR SHOULD BE CREDITED AS ONE HALF OF A REQUIRED PARKING SPACE.
SECTION 24.1 DASH 6 0 7 A SPECIFIES THAT PARKING SPACES SHOULD BE NINE BY 18.
ACCORDING TO THE APPLICANT'S NARRATIVE, THE DRIVEWAY IS 71 FEET LONG BY 16 FEET WIDE.
UH, THEREFORE, THE APPLICANT PLANS TO PARK HIS OWN CAR IN THE GARAGE AND ALLOW THREE CARS TO
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PARK IN THE DRIVEWAY IN TANDEM.SO, SECTION 24.1 DASH 1 0 4 OF THE ZONING ORDINANCE DEFINES TRANSIENT OCCUPANCY AS OCCUPANCY OF AN ACCOMMODATION FOR LESS THAN 30 CONTINUOUS DAYS BY A VISITOR.
THE APPLICANT HAS PROPOSED LENGTHS OF STAY RANGING FROM A MINIMUM OF ONE DAY TO A MAXIMUM OF 30 DAYS.
THE ZONING ORDINANCE ALLOWS ONE NON ILLUMINATED SIGN FOR TOURIST HOMES.
FREESTANDING SIGNS MAY BE NO MORE THAN THREE SQUARE FEET IN AREA, THREE FEET IN HEIGHT.
THE APPLICANT PROPOSES TO INSTALL ONE FREESTANDING SIGN IN THE LOCATION INDICATED BY THE RED STAR.
THE STANDARDS FOR SHORT-TERM RENTALS IN THE ZONING ORDINANCE REQUIRE THE OWNER PROPRIETOR TO EITHER RESIDE IN THE HOME OR IN AN ADJACENT PREMISES OR DESIGNATE A RESPONSIBLE PARTY WHO CAN PROMPTLY RESPOND TO AND RESOLVE PROBLEMS OR COMPLAINTS THAT ARISE.
WHILE RENTALS ARE TAKING PLACE.
BOARD POLICY NUMBER BP 24 DASH 30 STATES, THE OWNER OF A TOS HOME SHOULD RESIDE EITHER IN THE HOME OR IN AN ADJACENT PREMISES.
THE APPLICANT'S IN, UH, STATE THE APPLICANT STATES IN HIS NARRATIVE THAT THEY WILL STAY, THAT HE WILL STAY IN THE HOME WHILE TENANTS, UH, RENT THE TWO BEDROOMS, WHICH IS CONSISTENT WITH THE ZONING ORDINANCE AND THE BOARD POLICY.
SO THE BOARD POLICY REQUIRES TOURIST HOMES LOCATED IN THE RR ZONING DISTRICT TO BE LOCATED AT LEAST ONE HALF MILE FROM ANOTHER SHORT TERM RENTAL HOME.
THE NEAREST SHORT TERM RENTAL HOME IS LOCATED IN MAR BANK FARM, WHICH IS, UH, POINT 86 MILES FROM THE SUBJECT PROPERTY.
SO THE APPLICANT'S PROPOSAL MEETS THIS CRITERION.
THE APPLICANT'S NARRATIVE STATES THAT HE WILL NOT ALLOW PETS, EVENTS OR SMOKING.
IT ESTABLISHES QUIET HOURS FROM 10:00 PM TO 7:00 AM THESE RULES COMBINED WITH THE APPLICANT'S PRESENCE IN THE HOME, WHILE RENTALS ARE TAKING PLACE AND SHARES GUEST BEHAVIOR WILL BE MONITORED AND THE TOURIST HOME WILL HAVE A MINIMAL IMPACT ON THE SURROUNDING COMMUNITY.
A STANDARD CONDITION OF APPROVAL HAS BEEN PROPOSED THAT WOULD REQUIRE THE APPLICANT TO MAINTAIN THE TOURIST HOME IN ACCORDANCE WITH THE NARRATIVE SUBMITTED.
THIS WOULD BIND THE APPLICANT TO THE PROVISIONS FOR MONITORING GUEST BEHAVIOR THAT HE LISTED IN HIS NARRATIVE.
AND SECTION 24 24 0.1 DASH 4 0 9 H SETS FORTH A SERIES OF EMERGENCY, UH, FIRE AND LIFE SAFETY REQUIREMENTS, INCLUDING AN EMERGENCY ACTION PLAN, FIRE EXTINGUISHERS, ANNUAL FIRE INSPECTIONS, AND INTERCONNECTED SMOKE DETECTORS.
SO THE VIRGINIA RESIDENTIAL BUILDING CODE REQUIRES SMOKE DETECTORS TO BE INSTALLED IN EACH SLEEPING ROOM AND OUTSIDE EACH SEPARATE SLEEPING AREA.
IN THE MEDI IMMEDIATE VICINITY OF THE BEDROOMS, THE APPLICANT STATED IN HIS NARRATIVE THAT HE HAS A FIRE EXTINGUISHER, THREE INTERCONNECTED SMOKE DETECTORS AND ONE CARBON MONOXIDE DE UH, DETECTOR INSTALLED IN HIS HOME.
THE APPLICANT DELIVERED FOUR LETTERS OF SUPPORT FROM TWO ADJACENT PROPERTIES.
THE PLANNING DIVISION RECEIVED NO ADDITIONAL PUBLIC COMMENTS.
THE APPLICANT'S PROPOSAL COMPLIES WITH THE REQUIREMENTS OF THE ZONING ORDINANCE AND BOARD POLICY NUMBER BP 24 DASH 30 BY LIMITING THE NUMBER OF GUESTS TO FOUR THROUGH A CONDITION OF APPROVAL, THE PROPOSED TOURIST HOME WOULD BE CONSISTENT IN TYPE AND INTENSITY.
UH, WITH PREVIOUSLY APPROVED TOURIST HOME USES USES GIVEN THE APPLICANT WILL LIVE IN THE HOME.
WHILE RENTALS ARE TAKING PLACE TO MONITOR GUEST BEHAVIOR, STAFF BELIEVES THE PROPOSED TAURUS HOME IS NOT LIKELY TO HAVE ANY ADVERSE IMPACTS ON NEARBY PROPERTIES OR ON THE RESIDENTIAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THEREFORE, STAFF RECOMMEND APPROVAL OF THIS APPLICATION SUBJECT TO THE CONDITION SET FORTH IN PROPOSED RESOLUTION NUMBER PC 26 0 8.
SO I'M HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANT IS HERE TO ANSWER YOUR QUESTIONS AS WELL.
QUESTIONS FOR STAFF? I'LL START ON THIS SIDE.
UH, JEANIE MY UNDERSTANDING THERE MAY BE SOME CHANGES TO THIS IN THE PRESENTATION OF THIS APPLICATION THAT, THAT, THAT HE MAY WANT TO CHANGE VERSUS, UH, YES.
HE INFORMED ME THAT HE WOULD LIKE TO REQUEST A VIEW THAT YOU ALLOW HIM TO MAKE THIS A WHOLE HOUSE RENTAL.
ANY QUESTIONS FROM THIS SIDE? I JUST DON'T, NOTHING.
AT THIS TIME I'LL OPEN THE PUBLIC HEARING AND I HAVE FIRST THE APPLICANT, UM, MR. PETER GOUL.
AND YOU HAVE 10 MINUTES, BUT YOU DON'T NEED TO TAKE 10 MINUTES.
AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I'M PETER GOUL OF W DEVILLE LIGHT HORNSBY V ROAD IN BEAUTIFUL DOWNTOWN HORNSBY VILLAGE, YORK COUNTY, VIRGINIA.
UH, THIS IS REGARDING MY APPLICATION FOR TOURS.
I'VE BEEN A YORK RESIDENT AND OWNED A SMALL BUSINESS PRACTICING IN THE YORK COUNTY FOR ALMOST 40 YEARS.
IN 2022, I NOTICED A WATER LEAK IN THE KITCHEN FROM THE REFRIGERATOR, WATER SUPPLY WITH FLOOR AND CABINET DAMAGE.
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HO HICKS HOME IMPROVEMENT, WHO PROMOTED THAT HIS ADVICE, ASSISTANCE, AND ADVOCACY WILL GET INSURANCE TO PAY FOR THE DAMAGE.THE HOUSE IS JUST NOW IN ITS FINAL STAGE OF RENOVATION.
IN 2026 DURING THE REMODEL, I'VE BEEN FORTUNATE ENOUGH TO STAY AT MY SIGNIFICANT OTHER'S HOUSE.
WITH THE REMODEL OF THE KITCHEN, I ALSO UPDATED THE BEDROOM, THE BATH, UH, THE BATHROOMS, THE FLOORING AND PAINTING OF THIS 40-YEAR-OLD HOUSE.
THIS INCREASED THE COST AND REQUIRED ME TO GET A HELOC MORTGAGE.
MY FINANCIAL PLAN INCLUDED PAYING OFF MY MORTGAGE PRIOR TO RETIREMENT, WHICH WAS DONE, BUT NOW I FIND MYSELF WITH A NEW MORTGAGE SERVING THE CARING COSTS, INCLUDING THE NEW MORTGAGE INSURANCE AND PROPERTY TAXES IS NOT IN THE BUDGET ON A FIXED FUTURE RETIREMENT INCOME.
I LOVE MY NEWLY REMI RENOVATED HOUSE, BUT LIVING HERE FOR 25 YEARS AND IT INCLUDES AN ORGANIC GARDEN, UH, THAT I HAVE WORKED ON AND DEVELOPED OVER THE LAST 15 YEARS.
I DON'T WANNA LOSE ACCESS TO IT.
SO I'M ALLY LOOKING TO AUGMENT MY CASH FLOW BY OFFERING IT AS A SHORT TERM RENTAL.
IT CONFORMS TO THE REQUIREMENTS OF THE PLANNING COMMISSION.
IT HAS THREE BEDROOMS. THE PLANNERS HAVE RECOMMENDED USING ONLY TWO THE BEDROOMS WITH A LIMIT OF FOUR PEOPLE AS RENTERS.
AND WE ARE ALIGNED AND THAT I DON'T WANT TO BE DISRUPTIVE TO NEIGHBOR'S QUALITY OF LIFE.
AND I ALSO WANT TO MINIMIZE THE WEAR AND TEAR ON MY NEWLY RENOVATED HOUSE.
MY NEIGHBORS HAVE SUPPORTED THIS APPLICATION, SOME PROVIDING LETTERS OF SUPPORT.
THE GOAL IS TO MAXIMIZE THE INCOME AND MANAGE THE CASH FLOW BY MINIMIZING RENTAL TIME AT A HIGHER PER NIGHT FEE.
TO ACHIEVE THAT, I WANT TO INCREASE MY MARKET BY ALLOWING A FAMILY OF FIVE.
FOR EXAMPLE, A COUPLE WITH TWO YOUNGSTERS AND A BABY IN A BASSINET WOULD VIOLATE THE PERMIT AS PERMIT AS PROPOSED BY THE PLANTERS.
ADDITIONALLY, THE PLANNING COMMISSION ALLOWS A DESIGNATED PERSON TO OVERSEE AND MANAGE THE PROPERTY.
OFFERING A WHOLE HOUSE RENTAL WOULD FURTHER INCREASE THE MARKETABILITY AND INCOME WITHOUT INCREASE IN THE NUMBER OF DAYS REQUIRED.
I RECOGNIZE THAT ALTHOUGH THE PLANNING COMMISSION ALLOWS A DESIGNATED PERSON, THE BOARD OF SUPERVISORS HAS A DIFFERENT POLICY.
THIS IS NOT A SITUATION WHERE AN ABSENTEE LI UH, OWNER LIVING OUTTA STATE DURING THIS RENOVATION.
I'VE STAYED NEARBY WITH MY 20 PLUS YEAR LONG PARTNER IN HER HOUSE JUST AT THE OTHER END OF WOLF TRAP ROAD.
THIS PROVIDES FOR A BETTER SITUATION THAN NOT HAVING A DESIGNATED PARTNER.
THE, UH, PARTY, THE SCENARIO'S A WIN-WIN, WIN-WIN.
MY DESIGNATED PARTY, UH, WOULD BE MY NEXT DOOR NEIGHBOR, JASON.
HE WOULD BE PRESENT MORE THAN I COULD BE EVEN IF I WERE TO RESIDE THERE.
HE'S A STAY AT HOME DAD WITH A PARTIAL DISABILITY.
IT HELPS THE COUNTY WIN BY FULFILLING ITS OBLIGATIONS TO PREPARE TO PROTECT THE RESIDENTS WITH A SITUATION THAT PROVIDES FOR EVEN BETTER SIT, UH, SUPERVISION, MAKING SURE THAT THERE IS NO DISRUPTION TO THE NEIGHBORS, HIMSELF INCLUDED.
HE WOULD HAVE THE AUTHORITY TO REMOVE DISRUPTIVE RENTERS.
HIS RESPONSE TIME WOULD BE FASTER THAN I COULD PROVIDE WITH MY WORK OBLIGATIONS, HELPING RESOLVE ISSUES FOR THE RENTERS WITH A FASTER RESPONSE TIME.
THE MONIES PROVIDED FOR HIS OVERSIGHT THAT ARE DERIVED FROM THE RENTAL INCOME WOULD SIGNIFICANTLY HELP HIS FINANCIAL PICTURE ALSO A WIN FOR ME.
THIS OPENS UP A BROADER RENTAL MARKET AND INCREASED CASH PER RENTAL.
BY ALLOWING A FULL HOUSE RENTAL, MY REQUIRED CASH COULD BE ACHIEVED WITH FEWER RENTAL WEEKS.
IF IT IS ALLOWED, I WOULD PETITION FOR A MAXIMUM OF SIX PEOPLE PERMITTED TO PER BEDROOM.
MY PREFERENCE IS TO MEET MY FINANCIAL OBLIGATION WITHOUT LIVING WITH STRANGERS.
I RESPECTIVELY REQUEST APPROVAL OF THIS APPLICATION WITH AN INCREASE IN THE NUMBER OF PEOPLE ALLOWED EITHER FIVE OR SIX IF WE CAN DO THE WHOLE HOUSE RENTAL WITH YOUR RECOMMENDATION FOR PROVISION.
THAT ALLOWS FOR DESIGNATED PERSON, THUS ALLOWS ME THE OPPORTUNITY TO DISCUSS THIS OPTION WITH THE BOARD OF SUPERVISORS.
THIS PROCESS HAS HAD ITS SURPRISES FOR ME THAT I THINK WERE UNFAIR.
THERE WAS NO INDICATION PRIOR TO APPLYING THAT THERE WAS THIS CONFLICT AND POSITIONS BETWEEN THESE TWO BOARDS.
ADDITIONALLY, THE APPLICATION WEBSITE LISTED THE FEE AS $560, NOT THE $750 THAT I ACTUALLY CAUGHT THAT IT ACTUALLY COST.
I WANT TO THANK THE COUNTY PLANNING STAFF, PARTICULARLY JEANNIE CARNEY, UH, FOR THEIR ADVICE AND GUIDANCE.
SO I ASK YOU TO PLEASE VOTE FAVORABLY.
FORCING ME TO SELL AND LEAVE THE COUNTY OR A FUTURE LIFE LIVING IN A BOX BEHIND THE KROGER IS, UH, HAS NO APPEAL.
ANY QUESTIONS FOR THE APPLICANT? WE'LL START ON THIS END AGAIN, JP.
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UH, LEMME REAL QUICK QUESTION ABOUT MIKE.QUICK QUESTION ABOUT YOUR DRIVEWAY AND THE CAPACITY TO HANDLE WHAT YOU'RE PROPOSING HERE.
I'VE BEEN BY, I GO BY IT EVERY DAY.
UH, I SUPPOSE A BOAT IS GONNA GO SOMEWHERE ELSE.
UM, THE DRIVEWAY, YOU SAID IT WAS 71 FEET.
IT DOESN'T LOOK THAT AS, UH, DEEP TO ME FROM THE ROAD, BUT I TAKE YOUR WORD FOR IT.
AND IT LOOKS KIND OF, IF YOU WERE, SOMEONE WAS PARKED IN THE GARAGE AND YOU HAD THREE ROOMS AND THREE CARS, IT SEEMS LIKE A DIFFICULT SITUATION IN THERE.
I DON'T, I DIDN'T SEE ANY CONCRETE.
IT'S NOT A PAVED DRIVEWAY, CORRECT? UH, THE FRONT, UH, PROBABLY TWO THIRDS OF IT TOWARDS THE GARAGE IS PAVED.
AND JUST THE PART TOWARDS THE ROAD IS GRAVELED.
HOW DO YOU SEE THAT PLAYING OUT THE, THE, UH, CAPACITY, LET'S SAY THREE CARS AND WELL, THE GARAGE WOULD BE THE FOURTH.
AND THEN IF I DO THE WHOLE HOUSE RENTAL, UH, IF I WEREN'T LIVING THERE, IT'D STILL BE FOUR, WOULD IT NOT? UH, YEAH.
I WAS JUST CURIOUS ABOUT THE DRIVEWAY ITSELF.
IT DIDN'T LOOK AS THE DRIVEWAY.
THE DRIVEWAY IS, UM, 16 PLUS FEET WIDE.
AND IT'S 71 FEET, THREE INCHES LONG.
THE NEXT APP, NEXT SPEAKER I HAVE IS JASON HEM HOFFER.
AND IF, IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.
AND YOU HAVE THREE, YOU HAVE THREE MINUTES.
UH, I, I'VE HEARD IT MISPRONOUNCED SO MANY TIMES.
I'M HERE TO VOUCH FOR, FOR PETER, I AM HIS NEXT DOOR NEIGHBOR AT 10 12 HORNSBY ROAD.
AND I WOULD ALSO ACT AS THE DESIGNATED PERSON TO MAKE SURE WHOEVER'S RENTING HIS HOUSE IS NOT GETTING ALL CRAZY.
AND SO, I GUESS BEING THE NEXT DOOR NEIGHBOR THAT'S CONDUCIVE BECAUSE, YOU KNOW, I CAN CHARGE OVER THERE AND, YOU KNOW, PUT A FIRE OUT OR WHATEVER NEEDS TO HAPPEN.
UH, AND SO, YEAH, I'M, LIKE I SAID, I'M HERE TO VOUCH FOR HIM.
I DON'T WANT HIM LIVING IN A BOX BEHIND KROGER EITHER.
YOU CAN LIVE IN THE GARAGE IF YOU NEED TO, DUDE.
BUT, UH, YEAH, I, I'D BE HAPPY TO BE THE PERSON, YOU KNOW, THAT WOULD SERVE AS THAT PURPOSE.
AND, UH, BEING THAT I AM NEXT DOOR AND HOME 95% OF THE TIME, IT, IT WOULDN'T, UH, INCONVENIENCE ME MUCH.
SO THAT'S REALLY ALL I HAD TO SAY, UNLESS YOU HAD ANY QUESTIONS FOR ME.
I THINK HIS DRIVEWAY WOULD FIT 2, 2, 2 EASILY 16 FEET WIDE.
YEAH, THAT'S WHAT I THOUGHT TOO WAS 2, 2, 2.
BUT I MEAN, I, I FIT MY VAN IN THERE.
UH, BUT YEP, THAT'S WHAT I'M HERE FOR.
BOARD, UH, IS ANYBODY ELSE WISHING TO SPEAK ON THIS ISSUE WITH NONE? I'LL CLOSE THE PUBLIC HEARING AND COMMENTS FROM THE BOARD.
UM, SO FIRST OF ALL, WHAT'S THE VER WHAT'S THE PROCESS FOR MAKING SIGNIFICANT CHANGES TO A PERMIT ONCE IT'S PRESENTED? SO IT WOULD JUST BE MODIFYING THE RESOLUTION TO FIT WHAT YOU'RE LOOKING TO APPROVE.
SO IF THERE'S SPECIFIC CHANGES IN THERE, WE COULD JUST LOOK THROUGH THE RESOLUTION AND MAKE THOSE NECESSARY CHANGES.
AND MY SECOND QUESTION IS, WITH REGARDS TO THE, UH, BOARD POLICY, UH, 24 30, IT STATES THAT THE OWNER OF THE TOURIST HOME MUST RESIDE EITHER IN A HOME OR IN THE ADJACENT PREMISES.
DOES THAT REQUIRE A VARIANCE? UH, NO.
IT'S, IT'S ONE OF THE, UH, POLICIES THAT THE BOARD HAS DIRECTED.
IF THEY ARE GOING TO APPROVE A SHORT TERM RENTAL, THEY WANT THE OWNER TO EITHER LIVE IN THE HOUSE OR LIVE RIGHT NEXT DOOR SO THAT THEY HAVE, THEY HAVE THAT RESPONSIBILITY.
SO WOULD THAT BECOME A CONDITION TO, IF IT'S A WHOLE HOUSE? IF IT'S A WHOLE HOUSE THAT HE HAS TO LIVE NEXT DOOR? YEAH.
UM, I MEAN YOU COULD MAKE IT A CONDITION OF APPROVAL, BUT I DON'T KNOW THAT HE'D BE ABLE TO FULFILL IT.
'CAUSE HE DOESN'T THAT I'M ASKING OWN THAT PROPERTY.
THAT, THAT'S WHY I'M ASKING THE QUESTION.
AND INCREASING THE NUMBER OF PEOPLE, DOES THAT AFFECT THE NUMBER OF VEHICLES REQUIRED? IT, IT DOES NOT.
YEAH, EARL, ACCORDING TO BOARD POLICY, BASICALLY WHEN, WHEN THE APPLICANT WAS DONE, IT MET BOARD POLICY, THE CHANGES HE'S MAKING TODAY DOES NOT BE BOARD POLICY.
WELL, WHEN HE ORIGINALLY APPLIED, HE HAD ORIGINALLY APPLIED FOR WHOLE HOUSE.
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HAD TOLD HIM THAT STAFF WOULD NOT BE RECOMMENDING APPROVAL BECAUSE OF THE, THE BOARD POLICY REQUIRING HIM TO LIVE IN THE HOUSE OR IN ADJACENT PROPERTY.AND, UH, HE THEN CHANGED THE APPLICATION BUT THEN CAME BACK LATER TO SAY HE REALLY DIDN'T WANT TO DO THAT.
AND SO WE ASKED HIM TO, TO MAKE THAT PRESENTATION HERE AT THE MEETING IF THAT'S WHAT HE REALLY WANTED TO DO.
BECAUSE WE HAD BEEN KIND OF BEYOND PREPARING THE MATERIALS FOR YOU TONIGHT.
UM, I MEAN THE BOARD POLICY IS, IS PRETTY CLEAR AND THE BOARD HAS NOT REALLY GONE OFF OF THAT, UM, STANDPOINT THAT THEY MADE THAT POLICY IN, IN GIVING ANY KIND OF VARIANCES OR CHANGES TO IT.
I THINK LAST YEAR WE APPROVED AGAINST THE BOARD POLICY AND THEY APPROVED AGAINST US LAST YEAR.
AM I CORRECT ON THAT? THAT IS CORRECT, YES.
UM, TYPICALLY IN THE PAST I'VE BEEN RELUCTANT TO SUPPORT THINGS THAT HAVEN'T BEEN FULLY VETTED.
AND WHEN SOMEONE THROWS SOMETHING AT YOU, AT YOU DURING A MEETING, YOU HAVEN'T HAD TIME TO DIGEST IT.
STAFF HASN'T PRESENTED THEIR FULL VIEW OF WHAT'S GOING ON.
UM, I SYMPATHIZE WITH YOUR CASE.
I'M NOT SAYING I WOULDN'T SUPPORT SOMETHING LIKE THIS.
UM, HOWEVER, UH, WE'VE GONE THROUGH A LOT OF TOURIST HOMES IN THIS, UH, ON THIS COMMISSION.
AND, UM, I JUST FIND MYSELF IN A, IN A TOUGH SPOT TO SUPPORT SOMETHING THAT, UH, YOU KNOW, WE HAD, WE EACH GET A PACKET, WE'VE REVIEWED THE MATERIALS, I WAS UNDER THE IMPRESSION THAT YOU WERE GONNA LIVE IN THE HOUSE.
AND, UH, AND THEN IF THE LAST SECOND I GET THROWN THIS IDEA, UM, I DO HAVE THE CAPACITY TO, UH, MAKE CHANGES ALONG THE WAY.
BUT I DON'T KNOW IF THE STAFF HAS HAD AN OPPORTUNITY TO COMPLETELY REVET THIS AND REVIEW IT, UH, BASED ON THE BOARD POLICY.
SO, UM, I, I'D BE WILLING TO LISTEN TO WHAT MY FELLOW COMMISSIONERS HAVE TO SAY.
AND I CAN SPEAK A LITTLE BIT TO THAT MR. KING.
UM, YOU KNOW, IT WOULD NOT HAVE CHANGED OUR ORIGINAL, HIS ORIGINAL SUBMITTAL, WHICH WAS FOR A HOPEFUL HOUSE.
WE WOULD, OUR RECOMMENDATION, IT WOULD'VE BEEN FOR DENIAL TONIGHT IF, IF HE HAD GONE FORWARD WITH THAT BECAUSE IT DOESN'T MEET THE BOARD POLICY.
AND THE BOARD HAS TOLD US PRETTY CLEARLY THAT THEY DO NOT WANT TO PROVE A SHORT-TERM RENTAL THAT DOES NOT MEET THEIR POLICY.
MY ONLY COMMENT, IT TOOK US, UH, DECADES TO GET TO THE BOARD POLICY, AS IT CERTAINLY STATES A LOT, A LOT OF TOURIST HOMES WE, WE HASSLED THROUGH AND TO COME UP WITH THAT POLICY.
UH, AND I THINK IT'S A GOOD POLICY OVERALL FOR THE COUNTY.
SO JUST SO I UNDERSTAND, SO WE CAN, WE HAVE A COUPLE OF CHOICES, RIGHT? WE COULD AMEND AND SAY WE RECOMMEND A WHOLE HOUSE RENTAL AND SEND IT TO THE BOARD FOR THEM TO DEAL, UH, YOU KNOW, DECIDE HOWEVER THEY WANT TO.
OR WE CAN APPROVE IT AS A, AS THE TWO BEDROOM KIND OF RENTAL.
UM, WHAT'S THE PLEASURE OF THE, THE BOARD? IF I'M ALLOWED TO INFLUENCE AT ALL, I WOULD RECOMMEND, I WOULD, UH, I'D BE WILLING TO SUPPORT MR. WASSER'S IDEA THAT WE, WE, UM, I WOULD BE WILLING TO RECOMMEND APPROVAL OF WHAT I SEE HERE IN FRONT OF ME THAT I RECEIVED IN AND IN OUR PLANNING COMMISSION PACKET AS PRESENTED AND REVIEWED BY STAFF.
CAN I GET HIM A MOTION? CAN YOU SUPPORT IT? OKAY.
I WAS GONNA RECOMMEND YOU RECOMMEND APPROVAL OF THIS.
YOU WANNA MAKE, YOU WANNA MAKE THE MOTION? SAY THAT AGAIN.
I WAS GONNA SAY, I RECOMMEND MIKE, WE APPROVE THE PC, THIS, AND THEN IF WE DISAPPROVED IT, THEN WE COULD GO FORWARD WITH CHANGES OR SOMETHING.
IF WE DIDN'T WANNA SEND IT TO THE BOARD FOR APPROVAL, THEN WE COULD HAVE A, WE COULD HAVE A VOTE AND THEN WOULD, THEY WOULD DON'T APPROVE IT.
AND THEN WE CAN MAKE MODIFICATIONS.
SO REALLY BEFORE US IS A DECISION ON WHETHER OR NOT WE WANNA RECOMMEND AMENDING IT.
THAT WOULD BE OUR FIRST DECISION.
DO WE WANT TO ENTERTAIN? I DON'T THINK WE HAVE TO.
I THINK WE CAN RECOMMEND APPROVAL OF WHAT'S IN FRONT OF US THAT WE'VE HAD AND, AND, UH, GO TAKE THE VOTE.
UH, OUR ATTORNEY OVER THERE CAN HELP US OUT.
BUT I DON'T THINK WE HAVE TO MAKE A RECOMMENDATION ON ANY AMENDMENTS.
UH, WE'RE, WE'RE RECOMMENDING SOMETHING THAT'S IN FRONT OF US.
BUT IT, LOOK, JUST FOR CLARIFICATION, WE COULD DENY WHAT'S IN FRONT OF US AND THEN IN THE SAME MEETING WE COULD SAY, BUT WE COULD TAKE A AMENDMENT TO IT TO BE A WHOLE HOUSE RENTAL.
I WAS GONNA SAY, IF, IF YOU WANTED TO AMEND THE RESOLUTION TO MAKE IT A WHOLE HOUSE RENTAL, I WOULD SAY JUST DO THAT AND THEN VOTE ON THAT RESOLUTION.
AND THEN THAT GIVES KIND OF CLEAR DIRECTION TO MR. GOUL AND THE BOARD THAT YOU'VE, YOU KNOW, IF YOU'VE, YOU'VE SAID YOU'VE HEARD
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HIS REQUEST, YOU'VE AMENDED THE RESOLUTION, AND, UM, THEN YOU VOTE ON IT UP OR DOWN, WHICHEVER YOU DECIDE.UM, OR YOU CAN TAKE WHAT'S IN FRONT OF YOU, WHICH IS, YOU KNOW, A RECOMMENDATION FOR APPROVAL, WHICH MEETS THE, THE ORDINANCE AND THE POLICY.
AND THEN THAT GOES TO THE BOARD.
AND THEN, YOU KNOW, WE CAN DECIDE BETWEEN NOW AND THE BOARD IF WE DEC IF WE MAKE ANY MORE CHANGES TO IT OR NOT.
I MEAN, YOU'VE SEEN IT, YOU'VE HEARD WHAT HE'S REQUESTING.
UH, SO IT WOULD BE OKAY FOR US AS STAFF TO MAKE THOSE CHANGES.
UM, BUT WITH THE CLEAR UNDERSTANDING THAT YOU ALL HAD A CONVERSATION AND VOTED ONE WAY OR ANOTHER, DEPENDED ON THE RESOLUTION.
SO, MR. CHAIR, IF I CAN ASK ANOTHER QUESTION.
SO IS THERE A WAY THAT WE SAY, HEY, LET'S AMEND THIS TO A WHOLE HOUSE RENTAL AND WE ALL TAKE A VOTE MM-HMM
AND IF IT APPROVES, THEN IT GOES FORWARD TO THE BOARD AND THEY'LL DO WHAT THEY WANT.
IF IT IS DENIED, IF OUR VOTE SAYS NO, CAN WE THEN RIGHT AFTER THAT, TAKE A VOTE TO APPROVE IT AS IS? YEAH, I THINK SO.
I MEAN, IT'S TWO DIFFERENT RESOLUTIONS.
I THINK WE CAN, THERE'S ONLY ONE RESOLUTION FROM THE BOARD AT THIS TIME.
SO IF YOU AMEND IT, HAVE AN AMENDED RESOLUTION, THE OTHER ONE THEN DOESN'T EXIST.
BUT, BUT FUNCTIONALLY YOU GET, YOU CAN DISCUSS AMONGST YOURSELVES WHAT YOU WOULD LIKE AND TAILOR THE RESOLUTION THAT YOU VOTE ON TO BE WHAT YOU ALL AGREE TO.
YOU CAN DISCUSS IT FOR AS LONG AS YOU FEEL NECESSARY TO FIGURE OUT WHERE YOU WANNA BE.
YOU CAN ASK EACH OTHER WHAT YOUR THOUGHTS ARE.
YOU CAN TAILOR IT, UM, TO HELP OUT.
I, I, YOU KNOW, I'LL, I'LL JUST TELL FELLOW COMMISSIONERS WHERE I STAND.
I'M WILLING TO APPRO RECOMMEND APPROVAL OF WHAT'S IN FRONT OF US.
UH, I'M NOT WILLING TO RECOMMEND APPROVAL OF A WHOLE HOUSE, UH, RENTAL AT, NOT AT THIS TIME.
SO THERE, THAT'S WHERE I STAND.
CAN WE ASK THE APPLICANT ANY MORE QUESTIONS? I'M THERE WITH YOU HONOR.
I THINK IF WE, IF WE JUST ASK THE CHAIR, SEND A WHOLE HOUSE RENTAL TO THE BOARD OF SUPERVISORS WITHOUT THE PERSON MEETING THE BOARD POLICY, IT, IT'S, IT WON'T HAPPEN.
AT LEAST FROM MY EXPERIENCE, FROM WHAT MR. CHAIRMAN CAN, CAN WE POSSIBLY ASK THE APPLICANT COUPLE, COUPLE MORE QUESTIONS TO GET US TO THAT DECISION POINT? SURE.
SO IF IT WERE TO BE AMENDED TO A WHOLE HOUSE, UH, OBVIOUSLY THE CHANCES OF APPROVAL ARE DIMINISHED IF IT IS, UH, SUBMITTED AS THE TWO ROOM AND APPROVED.
DO YOU HAVE A PREFERENCE EITHER WAY? IS IT, IS THIS AN ALL OR NOTHING IN YOUR WELL, I WANT APPROVAL.
MY IDEAL SCENARIO IS NOT TO LIVE WITH THE STRANGERS AND BE ABLE TO INCREASE THE INCOME BY OFFERING AT A FULL HOUSE WITH GOOD SUPERVISION.
UM, AND THEN, UH, PRESENT IT TO THE BOARD AS A RECOMMENDATION AND THEN THEY DO WITH WHAT THEY WILL, WHETHER THEY APPROVE, UM, THAT OR MODIFY IT BACK TO A TWO BEDROOM SITUATION.
IS THAT CLEAR OR IS THAT MUDDY? SO YOU, IT'S EITHER WHOLE HOUSE WHERE IT'S NO WHOLE HOU WELL TALK AMONGST YOURSELF.
IT'S EITHER AS IS OR A WHOLE HOUSE IF YOU WOULD SUPPORT THAT.
FROM MY STANDPOINT, YOU KNOW, IF YOU TALK AMONGST YOURSELF AND FEEL THAT THE WHOLE HOUSE SITUATION, THIS IS A SPECIAL SITUATION.
IT'S NOT LIKE I'M AN ABSENTEE OWNER.
IT'S NOT LIKE I DON'T HAVE BETTER SUPPORT THAN IF I WERE LIVING AT THE HOUSE.
UM, SO IT'S A LITTLE BIT DIFFERENT ANIMAL AND I'D LIKE TO BE ABLE TO, UM, ARGUE THAT WITH THIS BOARD OF SUPERVISORS THAT THIS, YOU KNOW, THEY MADE THE POLICY, THEY CAN MAKE EXCEPTIONS AND, UM, YOU KNOW, THAT MAY NOT BE POSSIBLE, BUT, YOU KNOW, IF YOU MAKE A RECOMMENDATION FOR A WHOLE HOUSE OR FOR TWO RENTAL, UM, YOU KNOW, I'LL TAKE WHAT I CAN GET.
AND THEN IF, UH, THE BOARD OF SUPERVISORS TAKES YOUR RECOMMENDATION FOR EITHER THE WHOLE HOUSE OR THE TWO HOUSE, TWO BEDROOMS, UM, THEN THAT'LL BE IT.
'CAUSE THEY'RE THE FINAL DETERMINANT IS MY UNDERSTANDING.
I CAN JUST MAKE ANOTHER COMMENT.
SO TO ME, I, I, I MEAN I WOULD SUPPORT THE WHOLE HOUSE RENTAL, BUT KNOWING THAT IT'S PROBABLY GONNA GO FORWARD AND BE DENIED APPROVAL OF JUST THE PARTIAL HOUSE, THE TWO BEDROOMS IS BETTER.
UH, AND YOU KNOW, OBVIOUSLY YOU HAVE A VERY NICE PLACE TO LIVE.
UH, HAVING BEEN IN THE MILITARY, I KNEW KNOW THEY DO BED CHECKS.
I DON'T KNOW THE COUNTY'S GONNA GO AND SAY, ARE YOU REALLY LIVING IN THE HOUSE? OR, OR WHERE IS, BUT I, IT SOUNDS TO ME LIKE APPROVAL OF AS IS WOULD BE BETTER GOING FORWARD FOR YOU, UH, THAN, THAN THE WHOLE HOUSE.
SO, UH, I WOULD SUPPORT THE WHOLE HOUSE, BUT IT SOUNDS TO ME LIKE I MIGHT BE OUTNUMBERED A LITTLE BIT.
UH, WOULD WE SUPPORT GOING TO FIVE PEOPLE? I, UM, COMMISSIONER WASMER, I, I AGREE.
[00:30:01]
WOULD SUPPORT WHAT'S IN FRONT OF US NOW AND, UM, IF YOU WANT TO ARGUE YOUR POINT IN FRONT OF THE BOARD OF SUPERVISORS AND THEY WANNA VIOLATE THEIR OWN POLICY, IT'S UP TO THEM.CHAIRMAN, I MOVE ON PC 26 DASH OH EIGHT AS IS.
MR. A ROLL CALL PLEASE ROLL THE MOTION BY MR. BROOKS IS TO ADOPT RESOLUTION NUMBER PC 26 DASH ZERO NINE TO RECOMMEND APPROVAL OF A SPECIAL USE PERMIT TO ESTABLISH A TAURUS HOME AT 1 0 0 8 HORNSBY ROAD.
DO YOU HAVE THE WRONG RESOLUTION NUMBER? IT'S, YEAH.
ISN'T OH EIGHT EIGHT BELIEVE IT'S OH EIGHT.
OH, I THOUGHT THE CIP WAS THE OH EIGHT.
IT IS, BUT WE'RE GONNA FIX THAT LATER.
THE MOTION BY MR. BROOKS IS TO ADOPT RESOLUTION NUMBER PC 26 DASH ZERO EIGHT TO RECOMMEND APPROVAL OF A SPECIAL USE PERMIT TO ESTABLISH A TAURUS HOME AT 1 0 0 8 HORNSBY ROAD.
THE MOTION PASSES SIX TO ZERO.
[Application No. ZT-216-25, York County Board of Supervisors: Consider amendments to the York County Zoning Ordinance, Section 24.1-489.1. Standards for data centers, York County Code to update the standards. Staff Planner, Jeanne Carner, Senior Principal Planner]
IS, UH, YOU CAN CONSIDER AMENDMENTS FOR STANDARDS FOR DATA CENTERS.THIS APPLICATION CONTAINS AMENDMENTS TO THE YORK COUNTY ZONING ORDINANCE TO UPDATE THE PERFORMANCE STANDARDS FOR DATA CENTERS.
I'VE GROUPED THESE AMENDMENTS INTO SEVERAL CATEGORIES, INCLUDING SPECIAL USE PERMIT SUBMISSION REQUIREMENTS, ENERGY AND WATER USAGE, HAZARDOUS MATERIALS MANAGEMENT, NOISE STANDARDS AND DESIGN AND ARCHITECTURAL STANDARDS.
I'M GONNA START BY DISCUSSING UPDATES TO THE SUBMISSION REQUIREMENTS.
SUBSECTION A ONE REQUIRES DATA CENTER DEVELOPERS TO SUBMIT A LETTER FROM THE ELECTRIC UTILITY PURVEYOR INDICATING SUFFICIENT PROXIMITY AND AVAILABILITY TO A SUBSTATION AND TRANSMISSION LINES TO SERVE THE PROPOSED DATA CENTER.
THIS SUBSECTION HAS BEEN MODIFIED TO REQUIRE THE INCLUSION OF ADDITIONAL INFORMATION IN THE LETTER FROM THE ELECTRIC UTILITY PURVEYOR.
THE SOURCE FROM WHICH THE ENERGY WILL BE DERIVED AND THE AMOUNT OF ENERGY AND VOLTAGE LEVEL THE DATA CENTER WILL USE AT EACH IMPLEMENTATION OR AT AT THE IMPLEMENTATION OF EACH PHASE OF THE PROJECT HAS BEEN INCLUDED AS A REQUIRED SUBMISSION DOCUMENT WITH A SPECIAL USE PERMIT.
SUBSECTION A THREE CONSTITUTES A NEW PROPOSED SUBSECTION IF FUEL STORAGE, UH, IF FUEL IS STORED ONSITE, A SKETCH PLAN SHOWING THE LOCATION AND METHOD OF STORAGE IN ADDITION TO A SUMMARY OF THE QUANTITY AND TYPE OF FUEL TO BE STORED, WOULD BE REQUIRED TO BE SUBMITTED WITH THE SPECIAL USE PERMIT.
APPLICATION ABOVE GROUND STORAGE OF LIQUIFIED PETROLEUM GAS WOULD BE PROHIBITED TO MITIGATE THE RISK OF EXPLOSIONS AND FIRES.
NEXT, WE'LL DISCUSS, UH, AMENDMENTS TO THE PROVISIONS FOR ENERGY AND WATER.
THE EXISTING STANDARDS FOR DATA CENTERS ALLOW SUCH FACILITIES TO EXPAND THEIR USAGE OF ELECTRICITY AND WATER BY 25% WITHOUT ADDITIONAL APPROVAL.
WHILE EXPANSIONS EXCEEDING THIS THRESHOLD REQUIRE APPROVAL BY THE BOARD PROPOSED SUBSECTION B ONE WOULD REQUIRE DATA CENTER OPERATORS TO OBTAIN AUTHORIZATION FROM THE BOARD OF SUPERVISORS FOLLOWING A PUBLIC HEARING PRIOR TO ANY INCREASE IN ELECTRICITY OR WATER USAGE.
NEXT, I'LL ADDRESS UPDATES TO THE PROVISIONS REGARDING HAZARDOUS MATERIALS MANAGEMENT.
SUBSECTION E WOULD REQUIRE DATA CENTER DEVELOPERS TO SUBMIT A HAZARDOUS MATERIALS MANAGEMENT PLAN, AS WELL AS STORMWATER RUNOFF, UH, PLAN DETAILING THE METHODS PROPOSED TO ENSURE THAT NO HAZARDOUS OR PETROLEUM BASED PRODUCTS WOULD BE ALLOWED TO INFILTRATE GROUNDWATER OR SURFACE WATER, UH, RESOURCES DURING THE SITE PLAN APPROVAL PROCESS.
THESE PLANS WOULD BE REQUIRED TO BE APPROVED BY THE YORK COUNTY, UH, DEPARTMENTS OF PUBLIC WORKS AND FIRE AND LIFE SAFETY, AS WELL AS THE VIRGINIA DEPARTMENT OF HEALTH PRIOR TO THE APPROVAL OF THE SITE PLAN.
IN THIS NEXT SECTION, I'LL COVER CHANGES TO THE NOISE STANDARDS.
THE EXISTING STANDARDS FOR DATA CENTERS PROHIBIT THESE FACILITIES AND THEIR ANCILLARY EQUIPMENT FROM PRODUCING NOISE LEVELS THAT EXCEED THE AMBIENT NOISE CAPTURED IN THE PRE-DEVELOPMENT NOISE STUDY.
OR 55 A WEIGHTED DECIBELS, WHICHEVER IS GREATER REVISED.
SUBSECTION F TWO ADDS A LIMIT OF 65 C WEIGHTED DECIBELS, UH, TO THE STANDARD TO MITIGATE THE IMPACT OF LOW FREQUENCY NOISE PRODUCED BY SERVER FANS, COOLING UNITS AND HVAC SYSTEMS.
[00:35:04]
UH, THE EXISTING NOISE STANDARDS FOR DATA CENTERS HAVE ALSO BEEN MODIFIED TO REMOVE THE REQUIREMENT THAT DATA CENTERS HAVE AN ACOUSTIC BARRIER SURROUNDING ALL EXTERIOR MECHANICAL EQUIPMENT.IT'S BEEN REPLACED WITH PROPOSED SUBSECTION, UH, F THREE, UH, WHICH REQUIRES ALL MECHANICAL EQUIPMENT TO BE IN GOOD CONDITION AND OPERATED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATION.
IF A MUFFLER OR OTHER SOUND ATTENUATING DEVICE COMES STANDARD ON THE MECHANICAL EQUIPMENT OR WAS REQUIRED IN THE PRE-DEVELOPMENT SOUND STUDY TO MEET THE DECIBELS REQUIREMENT, IT SHALL BEAR THE SAME REQUIREMENTS.
SO THE EXISTING NOISE STANDARD FOR DATA CENTERS LIMIT ONSITE GENERATOR TESTING TO ONE HOUR PER WEEK OR LESS.
SO PROPOSED SUBSECTION F FOUR STRIKES THAT LIMIT AND REPLACES IT WITH A REQUIREMENT THAT GENERATORS BE TESTED ONE AT A TIME.
THIS AMENDMENT IS INTENDED TO ELIMINATE THE INCENTIVE FOR DATA CENTER OPERATORS TO, UH, GENERATE EXCESSIVE NOISE BY OPERATING MULTIPLE GENERATORS SIMULTANEOUSLY TO COMPLY WITH THE ONE HOUR LIMIT.
SUBSECTION F FIVE WOULD LIMIT GENERATOR TESTING OR GENERATOR USAGE TO TESTING COMMISSIONING ACTIVITIES AND BACKUP OR EMERGENCY USE.
THIS AMENDMENT REFLECTS THE INCREASING RELIANCE BY DATA CENTER OPERATORS ON GENERATORS TO BRIDGE POWER SUPPLY GAPS AND TO PROVIDE CONTINUOUS ONSITE POWER GENERATION AND IS INTENDED TO PRECLUDE SUCH PRACTICES.
SO THE LAST SECTION WILL COVER, UH, REVISIONS TO THE DESIGN AND ARCHITECTURAL STANDARDS.
SUBSECTION G CONTAINS AMENDMENTS THAT WOULD CHANGE THE SETBACK REQUIREMENTS FROM 200 FEET FROM ALL PROPERTY LINES AND 500 FEET FROM ANY RESIDENTIAL DWELLING TO 100 FEET FROM ANY NON-RESIDENTIAL ZONED PROPERTY LINES AND 500 FEET FROM RESIDENTIAL PROPERTY LINES.
UH, THIS REVISION WOULD PROVIDE INCREASED FLEXIBILITY IN THE SIGHTING OF DATA CENTERS WHILE MAINTAINING SAFEGUARDS FOR RESIDENTIAL PROPERTIES.
THE EXISTING STANDARDS FOR DATA CENTERS REQUIRE DATA CENTERS TO BE SURROUNDED BY A VEGETATIVE BUFFER OF AT LEAST 50 FEET IN WIDTH, BUT OFFER THE BOARD LATITUDE TO APPROVE AN ALTERNATIVE BUFFER.
AN AMENDMENT, UH, IN PROPOSED SUBSECTION H WOULD ELIMINATE THE BOARD'S ABILITY TO APPROVE AN ALTERNATIVE BUFFER, THEREBY ENSURING A CONSISTENT BUFFER IS PROVIDED TO PROTECT THE INTERESTS OF THE COMMUNITY.
AND SUBSECTION I ONE ADDS THAT DATA CENTERS THAT FACE EXISTING OR PLAN PUBLIC ROADS MUST HAVE MECHANICAL EQUIPMENT SCREENED FROM VIEW TO PRESERVE THE CHARACTER OF THE AREA.
IF SET EQUIPMENT IS INSTALLED ON THE ROOF, SCREENING MUST BE PROVIDED ON ALL FOUR SIDES.
A REVISION IN SUBSECTION I TWO INCREASES THE MAXIMUM ALLOWABLE BUILDING HEIGHT BY 35, UH, FEET TO 75 FEET.
UH, TO MAXIMIZE EFFICIENT LAND USE, THE, THE PROPOSED AMENDMENTS, UH, REFLECT EVOLVING PRACTICES AMONG DATA CENTER DEVELOPERS AND OPERATORS, AND A MORE COMPREHENSIVE UNDERSTANDING OF THE POTENTIAL IMPACTS ASSOCIATED WITH THESE FACILITIES.
THESE REVISIONS STRENGTHEN EXISTING REGULATIONS BY CLARIFYING PERFORMANCE STANDARDS, ADDRESSING EMERGING OPERATIONAL TRENDS, AND REDUCING THE POTENTIAL FOR ADVERSE IMPACT OR ADVERSE EFFECTS ON SURROUNDING PROPERTIES AND COMMUNITIES.
THEREFORE, STAFF RECOMMENDS THAT THE PLANNING COMMISSION FORWARD THESE PROPOSED AMENDMENTS TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION OF APPROVAL THROUGH THE ADOPTION OF PROPOSED RESOLUTION NUMBER PC 26 DASH OH SEVEN.
HAPPY TO ANSWER ANY QUESTIONS.
ALRIGHT, QUESTIONS FOR STAFF? I'LL START ON THIS SIDE.
MR. KING? NO QUESTIONS MR. CHAIRMAN.
WE'RE DOUBLING THE HEIGHT OF THE BUILDINGS.
I'M SORRY, I GOTTA TURN THAT ON.
WE'RE DOUBLING THE HEIGHT OF THE BUILDING FROM 35 FEET TO 75 FEET.
THAT'S JUST, THAT'S JUST A LOT.
WHY? UM, WE'RE FINDING THAT, UH, THAT WOULD MAKE A MORE EFFICIENT LAND USE.
IN ADDITION, THESE ARE ONLY IN REALLY IL DISTRICT AND IL 75 FEET ALSO.
SORRY, IT JUST KIND OF DOUBLED.
YEAH, I MEAN THAT'S THE HEIGHT THERE.
AND YOU KNOW, WHEN WE WERE APPROACHED BY THE, ABOUT THE HEIGHT QUESTION, UH, WE WERE LIKE, WELL, IT, IT DOES MAKE SENSE IF IT'S, YOU KNOW, GONNA BE IN ONE OF THOSE DISTRICTS THAT MEETS WHAT'S THERE, THAT WE SHOULDN'T BE LIMITING IT.
YOU KNOW, IF IF IT'S ALREADY ALLOWED TO HAVE 75 FEET IN THOSE ZONING DISTRICTS, YOU KNOW, THERE'S NO REASON NOT TO TO ALLOW IT.
AND THE ONLY OTHER QUESTION I HAVE, I KNOW WE'VE, WE'VE KEPT IT DATA CENTERS SUBMIT A LETTER FOR THEIR ELECTRIC AND WATER EVERY FIVE YEARS, VERIFYING OR CONFIRMING.
SO WE'RE JUST KIND OF SWITCHING THAT BACK.
HAVE WE FOUND ANYTHING THAT THAT'S NOT OFTEN ENOUGH OR IT'S TOO OFTEN? SORRY, WILL YOU SAY THAT AGAIN? WELL, ON PAGE, I DON'T KNOW WHAT IT'S B THE DATA CENTER SHALL ALL SHALL SUBMIT A LETTER FROM THE ELECTRIC UTILITY AND PUBLIC WATER PREPARER EVERY FIVE YEARS CONFIRMING THE DATA CENTER USE IS USING THE AMOUNT OF ELECTRICITY AND WATER IS APPROVED.
RIGHT? IS THAT TOO MUCH? WHY JUST FIVE YEARS? I ALWAYS LOVE NUMBERS.
YOU KNOW, YOU JUST GOTTA JUMP IN THERE.
WHY, WHY ISN'T IT 10 YEARS OR WHY ISN'T TWO YEARS? WE THOUGHT THAT THAT WOULD BE A SUFFICIENT AMOUNT OF TIME.
[00:40:01]
OKAY.SO IF WE'VE HAD NO PROBLEM WITH THAT, WELL, WE DON'T HAVE THAT.
IT GETS THEM, WE DON'T HAVE THAT.
SO USUALLY FIVE YEARS, YOU KNOW, IF YOU THINK ABOUT IT, THEY GO IN, THEY START OPERATING WITHIN FIVE YEARS, THEY'VE MAYBE STARTED GROWING IF THEY'RE GONNA GROW.
AND THAT WOULD BE THE OPPORTUNITY FOR US TO KIND OF SAY, HEY, YOU KNOW, WHERE ARE YOU RIGHT NOW? ARE YOU STILL MEETING YOUR STANDARDS? THOSE KINDS OF THINGS.
BUT MAYBE TOO LATE FROM DESIGN.
IT, IT COULD BE, AND IT, AND I'M NOT GONNA SAY THAT FIVE'S NOT, YOU KNOW, A, IT'S JUST SOMETHING PULLED OUTTA THE HAT.
BUT IT'S JUST, YOU KNOW, WE FELT LIKE BY THE TIME THEY KIND OF GET ESTABLISHED AND START THEIR GROWTH PATTERN, FIVE YEARS KIND OF MAKES SENSE FOR REEVALUATING THEM AND SEEING WHERE THEY ARE.
I MEAN, TECHNOLOGY GROWS AT HOW, WHAT, HOW EXPEN EXPONENTIAL IS IT EVERY DAY OR SOMETHING LIKE THAT? I MEAN, AS SOON AS YOU BUY IT, THERE'S NO TIME.
IT'S OUTDATED AS SOON AS YOU GET IT.
AS SOON AS YOU BUY YOUR COMPUTER, YOU'RE OUT OF DATE.
SO, SO WHEN, WHEN WE WERE RESEARCHING THIS TOO, I CAN ADD THERE.
UM, TYPICALLY THIS TYPE OF EQUIPMENT IS GONNA BE REPLACED ON A THREE TO FIVE YEAR INTERVAL.
SO AT, AT, AT THE FIVE YEAR TIMEFRAME, THE NEW STUFF MAY DRAW SIGNIFICANTLY MORE POWER IN THE SAME SPACE.
SO WE WANTED TO HAVE A CHECK THERE TO, TO LOOK AT THAT AND THAT'S WHERE WE, WE, THAT'S WHY WE SETTLED ON THE FIVE YEARS FOR THAT THINKING THAT THE EQUIPMENT WAS LIKELY GONNA GET REPLACED IN THAT, IN THAT TIMEFRAME.
WITH THAT, I'LL OPEN THE PUBLIC HEARING.
I HAVE ONE APPLICANT, ELIZABETH WILKINS, AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU HAVE THREE MINUTES.
ELIZABETH WILKINS, 2 28 CHURCH STREET.
UM, AND THANK YOU FOR THE OPPORTUNITY TO SPEAK HERE TONIGHT.
UM, I, I WILL COMMEND THE COUNTY FOR GETTING OUT IN FRONT OF THIS DATA CENTER CENTER ISSUE.
UM, LOCALITIES ACROSS VIRGINIA ARE SCRAMBLING TO REGULATE THIS BURGEONING INDUSTRY FOR LACK OF ANY COHESIVE STATEWIDE MEASURES.
AND WE'RE ALL FAMILIAR WITH THE NEGATIVE IMPACTS FELT BY COMMUNITIES WITH DATA CENTERS.
AND VIRGINIA IS AFTER ALL THE WORLD CAPITAL OF DATA CENTERS, UM, ENERGY USE BEING THE PARAMOUNT IMPACT WITH ENERGY RATES RISING AS A RESULT.
NOISE IS ALSO A FACTOR AS WELL AS MASSIVE WATER USE FOR COOLING.
SO, LIKE I SAID, I'M PROUD OF YORK COUNTY FOR BEING PROACTIVE, ADDRESSING SEVERAL KEY RECOMMENDATIONS FROM THE RECENT JAC STUDY RELATING TO NOISE GENERATION AND WATER USAGE, SETBACKS AND BUFFERS, ET CETERA.
AND IT'S VERY GOOD TO HAVE THE PROCESS PROHIBIT BY RIGHT DEVELOPMENT, UM, GENERALLY REQUIRING GREATER ACCOUNTABILITY FROM DATA CENTER OPERATORS.
UM, BUT ONE OF THE NEW, UH, PROVISIONS UNDER CONSIDERATION TONIGHT IS TROUBLING AND IT'S THE ONE RAISED JUST A FEW MINUTES AGO.
AND THAT IS THE CHANGE OF THE 35 FOOT HEIGHT TO THE HEIGHT LIMIT TO 75.
BUT I DIDN'T REALIZE THAT THE HEIGHT LIMIT, UM, FOR INDUSTRIAL USES WAS ALREADY 75.
BUT, UM, UNLESS I MISS SOMETHING, I DIDN'T SEE A TRADE OFF THAT CONSTRAINS THE FOOTPRINT WITH THE INCREASE IN HEIGHT.
SO A DOUBLING OF THE HEIGHT LIMIT WOULD SEEM TO INVITE A MUCH MORE MASSIVE DATA CENTER WITH DOUBLE THE SERVERS, THE ENERGY, USE, THE NOISE, ET CETERA.
AND IT WOULD LEAVE FEWER OPTIONS FOR CONTROLLING NOISE WITH TRADITIONAL MITIGATIONS SUCH AS BUFFERS OR WALLS.
AND ALSO, NOT TO MENTION THAT THE VISUAL IMPACT OF 75 FOOT BUILDING STRUCTURE, UM, WOULD BE MUCH GREATER.
SO I'D ASK YOU TO RECONSIDER THAT REVISION AS I READ IT.
THERE ARE OTHER WAYS THAT THE ORDINANCE COULD BE MADE MORE PROTECTIVE OF THE ENVIRONMENT AND THE LIVES OF COUNTY RESIDENTS.
A COUPLE OF THESE ARE AS FOLLOWS.
UM, IT DOES NOT ADDRESS ENERGY EFFICIENCY AS I, THAT I COULD FIND.
UM, THESE CENTERS SHOULD BE REQUIRED TO MAXIMIZE THE USE OF RENEWABLE ENERGY TO POWER OFFICE SPACES, ET CETERA.
IT WON'T, WOULDN'T COME CLOSE TO POWERING THE DATA CENTER ITSELF, BUT ANY AUXILIARY USES THEY SHOULD.
YOU KNOW, ROOFTOP SOLAR, FOR INSTANCE, IS AN OBVIOUS, UM, CHOICE.
THEY WILL HAVE A MASSIVE ROOF.
SO, UM, WATER COULD, SHOULD BE RECLAIMED AND RECYCLED RUNOFF FROM IMPERVIOUS SURFACE SHOULD BE RETAINED ON SITE TO PROTECT WATER BODIES FROM POLLUTION AND EROSION, ET CETERA.
THERMAL HEAT COULD BE CAPTURED FOR BENEFICIAL REUSE, ET CETERA.
AND THESE ARE JUST A FEW OF THE WAYS THE ORDINANCE CAN COULD BE IMPROVED
[00:45:01]
FOR THE BENEFIT OF YORK COUNTY RESIDENTS AND OUR BELEAGUERED NATURAL ENVIRONMENT.UM, ALSO, I BELIEVE WE HAVE OUR PROVISION, I'M SORRY, WE NEED YOU TO WRAP UP YOUR TIME'S UP I'LL PROVISION FROM THE STATE THAT WOULD ALLOW US TO INSERT SOMETHING ABOUT PROTECTING CULTURAL AND HISTORIC RESOURCES FROM IMPACT.
AND I WOULD ALSO URGE YOU TO GET CREATIVE ABOUT THAT SINCE WE LIVE IN YORKTOWN.
ANYBODY ELSE WISH TO SPEAK ON THIS? WITH THAT I WILL CLOSE THE PUBLIC HEARING AND I'LL START BACK THIS WAY.
JP, I I HONESTLY, I SEE IT STRENGTHENING THE, UM, ITS EXISTING, UH, REGULATION, UM, REDUCING THE POTENTIAL IMPACT.
I DON'T SEE ANY VARIANCES THAT WE NEED TO MAKE BEYOND THAT.
I THINK SOME OF HER POINTS MAY BE MORE DIRECTED TOWARD BUILDING CODES, UM, CARRIED IN THOSE TYPES OF VARIANCES VERSUS AN APPLICATION, RIGHT? UH, SO I WOULD BE IN SUPPORT OF THIS.
UM, WE WORKED ON THIS A LITTLE BIT AND MADE SOME CHANGES AND YOU'RE NEVER GONNA EVER GET THE PERFECT ORDINANCE BY NO MEANS.
UH, YOU COULD BE SPINNING YOUR WHEELS FOREVER DOING THINGS, MAKING CHANGES.
BUT THIS IS A, A OPPORTUNITY TO GET AHEAD OF THE, THE BALL GAME.
AND I THINK THIS IS AN ACCEPTABLE, UH, STANDARD THAT WE SHOULD USE.
I WILL BE SUPPORTIVE OF THIS AND I THINK IT'S FAIR AS, UM, MR. ANDERSON HAS SAID THAT EXISTING INDUSTRIAL PROPERTY, THEY, THEY HAVE A HEIGHT LIMIT OF 75 FEET WITHOUT ALL THESE OTHER RESTRICTIONS AND THEY'RE NOT BEING HELD TO, UH, THESE STANDARDS.
AND I THINK IT'S, I THINK WE'VE, YOU GUYS HAVE TIGHTENED IT UP AS CLOSE AS YOU CAN GET.
AND I THINK, UH, THAT IF YOU'RE A DATA DATA CENTER AND THE PROPERTY IS SMALLER AND YOU WANT TO GO HIGHER, THEN SPREAD IT OUT.
I THINK IT'S THE OTHER, UH, ITEMS THAT ARE IN THESE ORDINANCE CHANGE ARE SUFFICIENT ENOUGH TO, TO RESTRICT IT.
AND I'LL BE IN SUPPORTIVE OF IT.
I'M NOT SURE WE NEED DATA CENTERS IN THE COUNTY, BUT GIVEN THAT WE CAN IS A GOOD READ.
NOTHING AFTER MR. KING SPEAKS.
ANYBODY LIKE TO DO A MOTION? YEAH, AND I WILL, I'LL JUST NOTE.
AND, AND MS. WILKINS DID BRING THIS UP.
IT IS A SPECIAL USE PERMIT PROCESS STILL.
SO YOU'LL STILL HAVE CITIZEN INPUT ALL OF THESE.
AND IF THE CITIZENS ARE COMING OUT SAYING, YOU KNOW, YOU DON'T WANT, THEY DON'T WANT A 75 FOOT BUILDING, I'M SURE YOU AND THE BOARD WOULD LISTEN TO THOSE KINDS OF THINGS IN ADDITION TO POINT OTHER EFFICIENCY THINGS THAT, UM, SHE SPOKE ABOUT.
I THINK ALL OF THOSE WILL HAVE OPPORTUNITY IN THOSE PUBLIC HEARINGS.
MR. CHAIRMAN, I RECOMMEND, UH, APPROVAL OF PC 26 DASH OH SEVEN, FORWARD TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION OF APPROVAL.
THE MOTION BY MR. KING IS TO ADOPT RESOLUTION NUMBER PC 26 DASH ZERO SEVEN TO AMEND THE YORK COUNTY ZONING ORDINANCE SECTION 24.1 DASH 4 8 9 0.1 STANDARDS FOR DATA CENTERS.
[Application No. ZT-219-26, York County Board of Supervisors: Consider amendments to the York County Zoning Ordinance, Section 24.1-473 Standards for drive-in, fast food and carry-out delivery restaurants, to update the performance standards for use access to major collector roads. Staff Planner, Madison Scalf, Planner]
ON THE AGENDA IS THE AMENDING ORDINANCE STANDARDS FOR FAST FOOD AND CARRY OUT DELIVERY RESTAURANTS.AND MADISON, THIS ONE'S YOURS.
ALRIGHT, GOOD EVENING COMMISSIONERS.
SO THIS APPLICATION IS TO CONSIDER AMENDMENTS TO THE YORK COUNTY ZONING ORDINANCE WITHIN SECTION 4 7 3 STANDARDS FOR DRIVE-IN FAST FOOD AND CARRYOUT DELIVERY RESTAURANTS, UH, TO UPDATE THE PERFORMANCE STANDARDS FOR SITE ACCESS.
SO THE BOARD HAS PRIORITIZED UPDATING ORDINANCE PROVISIONS THAT ARE OUTDATED OR CREATE UNINTENDED HARDSHIP.
UM, SECTION 24.1 DASH 4 7 3 IS ONE EXAMPLE SPECIFICALLY RELATED TO SECTION, UH, SUBSECTION A, WHICH PROVIDES STANDARDS ON TRAFFIC SITE ACCESS FOR FAST FOOD USES.
UM, CURRENTLY ACCESS IS LIMITED TO ROADS CLASSIFIED AS MAJOR COLLECTORS OR HIGHER.
[00:50:01]
SO IN PRACTICE THIS OFTEN, UH, FORCES SITES ALONG ROUTE 17 TO TAKE DIRECT ACCESS ONTO THE ARTERIAL ROAD.UM, EVEN WHEN OTHER ACCESS AS ACCESS, EXCUSE ME, UM, OPTIONS MAY BE MORE APPROPRIATE WITH NO RESIDENTIAL IMPACT.
UM, SO FOR A CURRENT EXAMPLE OF THIS, UM, UNINTENDED IMPACT IS, UH, THE SEVEN BREW DRIVE THROUGH COFFEE PROPOSAL ON 100 JO JOSEPH DRIVE.
UM, DIRECT ACCESS TO ROUTE 17 IS NOT FEASIBLE, BUT THE ORDINANCE DOES NOT ALLOW, UM, ACCESS FOR JOSEPH'S DRIVE BECAUSE IT IS CLASSIFIED AS A MINOR COLLECTOR.
SO HOWEVER, THE PARCEL IS NOT LOCATED NEAR ANY RESIDENTIAL USES.
UM, THIS AMENDMENT IS INTENDED TO ADDRESS PROBLEMS SUCH AS THESE TO EVALUATE IF ACCESS ON A MINOR COLLECTOR IS APPROPRIATE.
UM, IN THE CONTEXT OF FAST FOOD TRAFFIC ACCESS, IT'S IMPORTANT TO UNDERSTAND DIFFERENT ROADWAY FUNCTIONS.
SO VDOT CLASSIFIES ROADS, UM, BASED ON THE ROLE THEY HAVE WITHIN THE TRANSPORTATION NETWORK.
UM, ARTERIALS PRIORITIZE MOVEMENT.
SO THAT'S, UH, ROADS LIKE ROUTE 17.
UM, SO MORE OF THAT BIG REGIONAL MOVEMENT.
UH, COLLECTORS, BOTH MAJOR AND MINOR ARE DESIGNED TO BALANCE BOTH MOVEMENT AND ACCESS.
UM, SO THINK OF THEM AS THE, THE SPOT BETWEEN LOCAL ROADS WHICH JUST PROVIDE ACCESS AND TO THE ARTERIALS WHICH PROVIDE MOVEMENT.
SO MINOR COLLECTORS ARE INTENDED TO SUPPORT BOTH CIRCULATION AND ACCESS AND THEY DO NOT FUNCTION LIKE, UH, LOCAL STREETS.
UM, BASED ON THAT STAFF FOUND THAT THE CURRENT RESTRICTION IS NO LONGER CONSISTENT, UH, WITH HOW THE NETWORK IS DESIGNED TO OPERATE.
SO THE AMENDMENT INTRODUCES, UH, THREE PRIMARY CHANGES.
FIRST, IT ALLOWS ACCESS FOR MINOR COLLECTORS ALIGNING THE ORDINANCE WITH THE FUNCTIONAL ROLE OF THESE ROADWAYS.
UM, SECOND, IT IMPROVES CLARITY BY REPLACING, UM, THE WORD MAY WITH SHALL AND REMOVING THE WORD ONLY, THUS REDUCING ANY AMBIGUITY IN HOW THE STANDARD IS TO BE APPLIED.
UM, AND THIRD, IT ADDS A COMPATIBILITY SAFEGUARD BY REQUIRING ACCESS POINTS ON MINOR COLLECTORS TO BE AT LEAST 250 FEET FROM ANY RESIDENTIAL USE.
SO USING THE LANGUAGE RESIDENTIAL USE, UM, ENSURES ACTUAL HOMES ARE PROTECTED, INCLUDING NON-CONFORMING STRUCTURES, WHILE STILL ALLOWING FLEXIBILITY IN COMMERCIAL SITE DESIGN.
UM, SO FOR EXAMPLE, THE DUNCAN ON RICH ROAD WOULD NOT MEET THE RESIDENTIAL COMPATIBILITY STANDARD.
SO AN ENTRANCE ON RICH ROAD WOULD BE WITHIN 250 FEET OF A RESIDENTIAL USE HERE.
SO ACCESS TO THAT MINOR COLLECTOR ROAD, UM, WOULD NOT BE PERMITTED.
SO THIS, UM, THIS DEMONSTRATES HOW THE AMENDMENT STILL PROTECTS NEARBY RESIDENCES ON THE DEVELOPER SIDE, THIS DISTINCTION OF RESIDENTIAL USE VERSUS ZONING, UM, ALSO PREVENTS UNINTENDED RESTRICTIONS.
SO IF WE RELIED ON ZONING ALONE, A SITE COULD BE PROHIBITED SIMPLY BECAUSE IT ABUTS A RESIDENTIAL ZONING, EVEN IF A PROPOSED ENTRANCE IS MORE THAN 250 FEET FROM ANY RESIDENTIAL USE.
SO, UM, WHILE STAFF WAS EXPLORING THE A DT AND ZONING MAP GOING UP AND DOWN ROUTE 17, UM, STAFF FOUND THAT THERE ARE A COUPLE OF AREAS WITH THE SITUATION SUCH AS HERE ON BURT'S ROAD.
SO IN SUMMARY, THE AMENDMENT MODERNIZES THE ORDINANCE ALIGNS WITH CURRENT TRANSPORTATION PRACTICES AND IMPROVES FLEXIBILITY FOR COMMERCIAL DEVELOPMENT.
AT THE SAME TIME, IT MAINTAINS COMPATIBILITY WITH ADJACENT RESIDENTIAL USES THROUGH THE 250 FOOT STANDARD.
UM, SO DUE TO THESE CONSIDERATIONS, STAFF IS RECOMMENDING APPROVAL OF THE AMENDMENT THROUGH RESOLUTION NUMBER PC 26 DASH 10 R.
THANK YOU, UH, FOR YOUR ATTENTION.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
ANY QUESTIONS FOR STAFF? TOOK A, OH, SORRY.
WITH THAT I'LL OPEN THE PUBLIC HEARING.
ANYBODY WISH TO SPEAK? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING.
DID YOU, DID YOU FIGURE OUT WHERE JOSEPH, WHERE THE I DID WHERE THIS PARCEL IS.
ACROSS FROM WALMART WHERE THE WAWA IS IN THE REHAB CENTER IN THE BACK, USED TO CALL IT P OR BROKE.
WHAT'S THE PLEASURE OF THE COMMISSION, MR. CHAIRMAN? I'LL MOVE PC 26 DASH 10 R.
ALRIGHT, WE HAVE A MOTION ROLL CALL PLEASE.
THE MOTION BY MR. SMITH IS TO ADOPT RESOLUTION NUMBER PC 26 DASH 10 R TO AMEND THE YORK COUNTY ZONING ORDINANCE SECTION 24.1 DASH 4 73 STANDARDS FOR DRIVE-IN FAST FOOD AND CARRY OUT DELIVERY RESTAURANTS TO UPDATE THE PERFORMANCE STANDARDS FOR USE ACCESS.
[00:55:01]
YES.THAT WAS MR. WASSER THAT MADE THE, OH MY APOLOGIES.
NEXT IS OLD BUSINESS AND THEN NO OLD BUSINESS.
[Proposed Capital Improvements Program (CIP), FY 2027--2032: Certify the proposed CIP for conformance with the Comprehensive Plan in accordance with Section 15.2-2232 of the Code of Virginia. ]
NEW BUSINESS.I WAS SUPPOSED TO GIVE YOU UPDATED INFORMATION AND I DID NOT PRINT IT OUT FOR YOU, SO MY APOLOGIES.
SO I DECIDED I'LL COME DOWN HERE AND GIVE IT TO YOU.
SO, UM, AS WE EMAILED YOU EARLIER IN THE WEEK, UH, THE PLANNING COMMISSION ON AN ANNUAL BASIS, UH, CERTIFIES THAT THE CAPITAL IMPROVEMENT PROGRAM, UH, THAT HAS BEEN PROPOSED BY THE COUNTY ADMINISTRATOR, UH, MEETS THE CONS COMPREHENSIVE PLAN.
UM, ALL THIS WAS EMAILED OUT TO YOU, AND AGAIN, I APOLOGIZE.
UH, THERE WEREN'T VERY MANY NEW PROJECTS THAT WERE ADDED.
UH, LAST YEAR WE HAD A FULL PAGE OF NEW PROJECTS THIS YEAR THEY'RE MUCH MORE LIMITED AND SOME OF 'EM ARE ACTUALLY COMBINATIONS OF THINGS THAT WE HAVE SEEN IN THE PAST.
AND HERE, I'LL MAKE IT A LITTLE BIT BIGGER.
UH, THAT MAKES IT A LITTLE BIT BETTER.
UM, BUT YES, SO, UH, LIKE THE STRATEGIC INITIATIVES, UM, THAT USED TO BE A VARIETY OF DIFFERENT PIECES THAT HAVE BEEN COMBINED TOGETHER.
UM, YOU'LL SEE THE LIGHTFOOT SMALL AREA PLAN HAS BEEN ADDED.
THAT'S THE, UM, THE, THE PLAN THAT'S WOULD BE DONE UP IN THE NORTHERN PART OF THE COUNTY, UH, THAT WOULD KIND OF LOOK AT ALL THAT, UH, ECONOMIC OPPORTUNITY AREA AND KIND OF SEE WHAT WOULD BE THE BEST OPTIONS FOR DEVELOPMENT IN THOSE PLACE IN THAT AREA.
UH, SPACE STUDY IMPLEMENTATION PLACEHOLDER.
THAT IS, UH, SOMETHING THAT'S BEEN IN THERE FOR A LONG TIME.
THAT INCLUDES THE ADMINISTRATION BUILDING, THE COURTHOUSES, THINGS OF THAT NATURE.
SO THAT WAS JUST ADDED THIS YEAR, KIND OF COMBINING ALL THOSE TOGETHER.
UH, THE OTHER ONES ARE OUR NEW, UH, FOR THE DEFIBRILLATORS.
NINE, THE WORKSTATIONS, UH, POWER SUPPLIES, RADIOS.
UM, ALL OF THOSE WERE OUR, UM, NEW ITEMS THAT WOULD BE BOUGHT WITH OUR PUBLIC SAFETY FUNDING.
AND THEN, UM, THE LAST THERE IS THE PARKS AND RECREATION COMPREHENSIVE PLAN IMPLEMENTATION.
UM, I'LL NOTE YOU'LL BE GETTING A PRESENTATION ABOUT THIS PLAN AT YOUR NEXT MEETING.
AND, UH, THE PARKS AND REC BOARD IS WORKING ON THAT DOCUMENT NOW.
AND THEY'LL BE PRESENTING IT TO YOU, UH, JUST SO THAT YOU CAN TAKE A LOOK AT IT, KIND OF SEE WHAT YOUR THOUGHTS ARE.
IF THERE'S ANYTHING THAT YOU WOULD LIKE TO SEE CHANGED OR DIFFERENT, UM, YOU'LL HAVE THE OPPORTUNITY TO, TO MAKE THAT, HAVE THAT DISCUSSION WITH THEM NEXT, NEXT WEEK OR NEXT MONTH.
UM, SO WE DO HAVE A RESOLUTION HERE FOR YOU AND I'LL APOLOGIZE BECAUSE THE NUMBER IS SIMILAR TO THE ONE THAT YOU ALREADY HAD TONIGHT.
SO WE'RE JUST GONNA GIVE IT A NEW NUMBER.
UM, WE'RE JUST GONNA CALL IT PC 26 DASH 12.
THAT WAY WE PUSH IT OUT FAR ENOUGH
UM, BUT WE'LL, UH, I DON'T THINK YOU NEED AN R OR ANYTHING FOR THAT.
IT'S JUST GONNA BE PC 26 DASH 12, BUT THIS JUST BASICALLY CERTIFIES THAT YOU FEEL THAT THESE THINGS ARE IN LINE WITH THAT.
UM, ONE THING I DIDN'T SHOW YOU IS THAT THE TABLE, SO THIS TABLE HERE, UM, BASICALLY PUTS EVERY PROJECT IN AND THEN, UM, OUTLINES WHERE, WHAT GOAL OR IMPLEMENTATION STRATEGY FITS WITH THAT PIECE.
SO IT SHOWS YOU WHICH ONES, YOU KNOW, WHAT IT ALL MEETS.
AND THIS, THIS ACTUALLY INCLUDES ALL OF THE, UH, CIP PROJECTS THAT ARE IN THERE.
NOT JUST THE NEW ONES, BUT THE NEW ONES ARE IN HERE ALSO.
AND THEY JUST ALIGN UP AND EVERY, EVERYTHING ACTUALLY IS REALLY LINES UP VERY WELL WITH WHAT WE HAVE IN OUR COMPREHENSIVE PLAN, WHICH JUST GOES TO, UH, THE STAFF EFFORT AND THE PLAN, THE COMPREHENSIVE PLAN STEERING COMMITTEE'S EFFORT TO, UH, PUT THAT DOCUMENT TOGETHER A COUPLE YEARS AGO.
IF THERE ARE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM.
I APPRECIATE Y'ALL'S PATIENCE WITH THIS AS WE KIND OF LAST MINUTE THROUGH THIS AT YOU.
ALRIGHT, QUESTIONS? QUESTIONS? UH, DO I NEED A PUBLIC HEARING ON THIS OR JUST NO, THERE'S NO PUBLIC HEARING.
IT'S JUST A CERTIFICATION BY YOU ALL THAT.
DOES SOMEBODY MAKE A MOTION? I MOVE ON PC 26 DASH 12.
THE MOTION BY MR. BROOKS IS TO ADOPT RESOLUTION NUMBER PC 26 DASH 12 TO CERTIFY THE CAPITAL IMPROVEMENT PLAN.
[9.Staff Reports/Recent Actions by the Board of Supervisors]
IS, UM, STAFF REPORTS.I FIGURED IT'D BE BETTER IF I SHOWED YOU WHAT, WHAT YOU NEEDED TO SEE DOWN
[01:00:01]
THERE.SO, UH, YOU ALL HAVE YOUR DEVELOPMENT ACTIVITY REPORT.
UM, I'LL JUST POINT OUT A COUPLE THINGS.
UH, MOST OF THE, THESE ITEMS, YOU KNOW, THE TRACTOR SUPPLY IS GONNA GO TO NEXT WEEK'S MEETING, UH, FOR THE BOARD TO APPROVE.
YOU'LL SEE THE APPLICATION THERE FOR UP 10 68 26 FOR PRESA ASSOCIATION.
THIS IS THAT, UM, I GUESS IT USED TO BE RIPS OUT ON DENBY BOULEVARD.
THEY WERE GONNA DO A MINI STORAGE FACILITY.
WELL, THEY'RE BUMPING UP AGAINST THEIR TWO YEAR TIME PERIOD FOR A SPECIAL USE PERMIT BEFORE IT GOES AWAY.
SO THEY'RE JUST ASKING FOR AN EXTENSION AND THAT JUST GOES TO THE BOARD, UM, ON THEIR CONSENT AGENDA.
UM, AND THE BOARD CAN MAKE THAT DETERMINATION IF THEY WANNA GIVE THEM AN EXTENSION OR NOT.
UM, OTHER THINGS ON THERE, PROBABLY NOT MUCH OF AN INTEREST.
UH, BUT I, I WILL LET YOU KNOW, WE GOT OUR FIRST, UH, OF THE COFFEE SHOP, UM, SITE PLANS IN.
WE JUST RECENTLY APPROVED THE ONE THAT'S GOING TO REPLACE THE CHIPPER BUILDING IF YOU KNOW WHERE THE CHIPPER RESTAURANT IS.
SO THAT CHIPPER RESTAURANT WILL BE DEMOLISHED.
THE WOODS NEXT DOOR WILL BE CUT DOWN.
THAT'S WHERE, UM, A DUTCH BROTHERS COFFEE SHOP IS GOING TO GO.
UH, THAT WAS RECENTLY APPROVED.
UM, WE ALSO HAVE, UM, A DUTCH BROTHERS UP ON MOTOWN ROAD AND THEN SEVEN BREW.
THE ONE AT JOSEPH DRIVE HAS BEEN SUBMITTED.
AND THEN WE ALSO HAVE ANOTHER, UM, I'M SORRY, I'VE GOT THAT BACKWARDS.
THE, THE CHIPPER SITE THAT'S GOING TO BE THE SEVEN BREW.
THEY'RE BOTH COFFEE PLACES, SO WE'RE GONNA HAVE LOTS OF COFFEE PLACES.
UH, THE OTHER INTERESTING SITE PLAN IS THE WALMART DOWN ACROSS FROM JOSEPH'S DRIVE.
THEY ARE ACTUALLY GOING TO DO A SMALL EXPANSION ON THE, UH, LEFT SIDE OF THE WALMART TO PUT A, UH, ALMOST KIND OF LIKE A, I DON'T WANNA SAY IT'S LIKE A ROBOTIC THING, BUT IT, IT'S LIKE A MECHANIZED KIND OF THING TO HELP THEM WITH THEIR, ON THEIR GROCERY DEL, UH, NOT DELIVERY, UH, WHEN YOU PULL UP TO GET YOUR GROCERIES.
SO THEY'RE MAKING A LITTLE EXPANSION TO THE BUILDING AND PUTTING SOME FACILITIES IN THERE THAT WILL HELP THEIR EMPLOYEES KIND OF GET THOSE GROCERIES OUT FASTER IN A, IN A BETTER WAY.
AND UH, THE LAST ONE I'LL POINT OUT THAT WAS SUBMITTED IS, UM, THE TAB HIGH SCHOOL RENOVATIONS.
SO WE'VE GOTTEN THE SITE PLAN TO SHOW THAT BUILDING, UM, HAVING SOME RENOVATIONS DONE TO IT.
THEY'RE DOING SOME ADDITIONS TO THE BUILDING ALSO, UH, TO INCREASE THE SQUARE FOOTAGE, NOT BY A LOT, BUT JUST A LITTLE BIT.
MAKE SOME, UM, IMPROVEMENTS TO THE INTERIOR AND SO FORTH.
SO, UH, THAT'S THE LAST BIG THING THAT WOULD PROBABLY BE OF AN INTEREST TO YOU.
BUT IF THERE'S ANY QUESTIONS, I'D BE HAPPY TO, TO, UH, PROVIDE YOU ANSWERS TO THAT, OTHERWISE, UM, THANK YOU.
[11.Commission Reports and Requests]
ANY NEW COMMISSION REPORTS WITH THAT? WE STAND ADJOURNED.AND, UM, I, NOT THAT WE NEED TO ANSWER THIS TONIGHT, AND MAYBE THERE'S A QUICK ANSWER, UH, A COUNTY ORDINANCE OR A PROTOCOL OR SOMETHING, BUT I KNOW THE STAFF WORKS A LONG DAY AND THEN WE START AT SEVEN IS, UH, A CHANCE WE CAN START AT SIX AND, AND WE DON'T NEED TO ANSWER OR DEBATE THIS NOW, BUT JUST IF IT'S ALLOWED OR, OR IF IT'S SOMETHING I KNOW FOR ME TO GET TO BED EARLIER SO I CAN GET TO HARDEE'S IN THE MORNING FOR MY SENIOR COFFEE.
UH, BUT, UH, BUT ANYWAY, AGAIN, NOT THAT WE NEED TO ANSWER IT, BUT IF STAFF COULD ADVISE US, IF THAT'S A POSSIBILITY THAT WE COULD CONSIDER IT WOULD BE GREAT.
SO, SO GREAT PEOPLE THINK ALIKE AS I WAS DRIVING INTO YORKTOWN AND I THOUGHT, WHY IN THE WORLD CAN'T WE DO THIS AT SIX O'CLOCK? I MEAN, UP, I'M UP FOR FIVE, BUT I KNOW, I KNOW WE, YOU KNOW, NEED TO BE CONSIDERATE OF APPLICANT'S TOO.
BUT I, I THINK FIVE WOULD BE GREAT FOR ME, BUT SIX WOULD BE EVEN BETTER THAN SEVEN, SIX.
I MEAN, WE, I THINK IT'S SET BY YOU AS THE PLANNING COMMISSION, BUT WE'LL TAKE A LOOK AT THE BYLAWS AND, UH, THE, THE, THE COUNTY CODE AND SEE IF THERE'S ANY SPECIFIC THING THAT SAYS THAT.
SO THE COMMUNITIES HAVE IT AT DIFFERENT TIMES.
ONE HAS THEIRS IS TWO IN THE AFTERNOON.
COMMITTEES AND WORDS WITHIN THE COUNTY.
SO WE'LL BRING THAT BACK TO YOU NEXT TIME.
NEXT, UH, WEEK OR NEXT MONTH,
ANYTHING ELSE? ALRIGHT, WE STAND ADJOURNED.