Planning Commission - Regular Meeting

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you.

I'm not loud enough all right we've got an agenda before us we have a motion on the agenda I'll make the motion second all right all in favor say aye aye any opposed hearing on the motion carries we've adopted our agenda for this evening next we have first item on the agenda is review and approval of the June 2nd 2026 work session and June 16th 2026 i'm meeting minutes has everybody had an opportunity to review those and if so do we have a motion i'll make the motion all right motion to approve those minutes all in favor say aye aye any opposed hearing none motion carries all right next on the agenda we have a public hearing for a conditional use permit to allow temporary special events in the rs12 single family residential large lot and rg5 general residential districts at 601 alphan avenue waynesboro tax map numbers 23-1-19a and 23-1-19d by jill wallace owner with that i will turn things over to staff

thank you good evening yes tonight is a conditional use permit for temporary special events at 601 alfin avenue before we dive into the application itself i did want to review quickly what a conditional use permit or cup is cups do not change the underlying zoning of a property cup allows a use in a particular zoning district depending on how that use fits in with the surrounding neighborhood Conditions are usually attached to a CUP that are intended to help mitigate potential impacts a use might have on the surrounding neighborhood. For CUP applications, the Planning Commission is a recommending body with City Council making the final decision. So the nature of the request is to allow for temporary special events in the RS-12 single-family residential large lot and RG-5 general residential districts. The applicant purchased the home and property back in 2020 and has used the house as a short-term rental. This is allowed by right in all residential zoning districts within the city. She has since expanded into hosting small events such as small weddings, celebrations, weekly support group, and two annual festivals. These events were brought to the city's attention in May after the city notified the applicant that this use wasn't permitted without a conditional use permit. She submitted an application for a CUP to be able to continue offering her property for these types of events. So the property is located on the western side of the city off of Hoatman Parkway at the terminus of Alphon Avenue and then south of Mosley Street. Quick look at the surrounding uses, you have the Hoatman Station subdivision off to the north, you've got Charleston Park subdivision off to the west, and to the south you have the single family residential, and then also the Moose Lodge right here off of the Hoatman Parkway. The comprehensive plan does designate this property as low density residential as well as all the surrounding property. As I noted previously, the property is zoned RG5 and RS12. This UP for temporary special events is permitted in all of the city's zoning districts. However, the use is subject to additional requirements for any temporary or permanent facilities and structures that may be being used for the events and then also signage. In this particular case, the primary use of the property is still being considered residential. The use as a short-term rental and then also for the temporary special events would both be considered accessory uses. It's a quick look at the zoning map. You can see the property. This side of the property is RS-12, as well as most of the property off to the west here. You have RS-12, RG-5, and RS-7 down south, and then this portion of the property, RG-5, with RG-5 wraps around up to the north. This is the site sketch that was submitted by the applicant showing the proposed layout of the events and also the parking areas. You can see there are two ceremony locations, a space for receptions and three parking areas. There's valet parking behind the house, regular parking in the field to the right of the house and then overflow parking provided in this field right here. The applicant is intending to use a clear top tent in that reception area in case of inclement weather. Tents like these are regulated by the fire department, which requires the applicant to have the tent inspected and permitted. As far as restrooms go, the applicant does currently provide an ADA accessible porta potty on site and has indicated additional facilities would be brought in for larger events. Staff is recommending two conditions in this regard. The first is that Portable restroom trailers be brought in for events with more than 25 attendees and include one ADA accessible restroom to ensure that one ADA accessible restroom is being provided at all events and then also that potable water be provided for all events that would require it. Moving on to traffic flow, the property is accessed by a private right-of-way at the end of Alphen Avenue with a looped driveway. As noticed previously, there are three parking areas proposed, the valet parking behind the house, the regular event parking to the right of the house in the field, and then overflow parking in the eastern field. The applicant has indicated that parking staff would be brought in to assist with the two annual festivals. And here again is a look at the proposed site layout, showing the driveway right here. As noted before, you have the overflow parking in the field here, parking in the regular field here, and then the valet behind the house, the loop driveway. So the primary traffic concerns is the amount of traffic that's using Alphon Avenue to access the property for events and then also the potential for parking and the public right of way that would block both the neighbors access to their own properties and also block access for emergency services that may need to access the property. The fire department and emergency management departments both reviewed the application and neither one had significant concerns. However, the fire department did note a desire for two access points to the property for emergency response purposes. to help mitigate some of these traffic related concerns staff is proposing three conditions the first is that parking will be prohibited in the public right-of-way event attendees must park in one of the three parking areas that were shown on that site sketch the second is that the driveway is to be kept clear of vehicles during all events to allow for through access both for emergency response vehicles but then also for event attendees Finally, to help better distribute the event traffic, the applicant will be required to build at her expense an entrance to the property from the existing right-of-way on Mosley Street that is adjacent to her property. The entrance is to be designed and constructed per the VDOT Road Design Manual Appendix F and would require her to work with the city to ensure the existing water line stub within that right-of-way is protected and that all proper erosion and sediment controls are used. This entrance and subconscious driveway would be the responsibility of the applicant to maintain. taking a look at the map to see how this what this would mean the yellow lines are the city public right-of-way however i'll note that from about here to here is a private right-of-way permitting access to the prop to both the applicant's property and the adjacent properties So keeping that in mind, there would be no parking permitted within the right of way along both Mosley Street up here and then also on Alphon Avenue down there. And this would also include no parking being permitted where that new entrance would go right here on the right of way that exists backing up to the applicant's property. And then finally, the driveway here would need to be kept clear of all vehicles during events to allow for clear passage. Some additional concerns that staff had were the possible impacts of vehicles on the grassy fields where the parking areas are shown on the site sketch. And the possibility that these ideas could potentially get torn up and grass worn away from use, which then could lead to excessive sediment runoff. This is a concern because the city is an MS4 locality and required to follow the Virginia Stormwater Management Act. And the city does have an active stormwater management program. To help mitigate these concerns, the city's stormwater program manager did recommend a condition that if the parking areas have been saturated by a weather event and an event on the property is planned, then the applicant will install an erosion control device such as a silt fence or wattle on the low areas of the property where those parking areas drain to help trap and reduce that sediment runoff. And here's just a quick look at what those two devices are. On the left is the silt fence, and on the right is a wattle, which is basically a mesh with straw inside to help trap the sediment. So as the site sketch showed, the applicant is holding events in the areas in front of her house. She's requested to hold up to 100 events annually with a maximum invited guest count of 100, not including staff. The events would include things like weddings and celebrations, which vary in size, but can range from 10 to 50 people, but also as a weekly support group that meets at the property and includes anywhere from 10 to just under 30 attendees. And then also there's the two annual festivals, which will likely have people coming and going throughout the festival time period. The majority of these events would be held from March to October. And while she originally asked to be able to hold events from 9 a.m. to 11 p.m. to help address some of the concerns about the noise that the neighborhood has cited, it has since been adjusted downward to 10 p.m. Because these are events, there are likely to be other impacts on the surrounding neighborhood. We reviewed traffic. There's also noise. So to help minimize some of these impacts and potential issues the events could cause, staff has proposed a couple different conditions. The first is to limit the number of events to 100 annually in a cap that the event attendance at 110D is not including staff. Another condition would be to limit those events hours from 9 a.m. to 10 p.m. The applicant is required to abide by the noise ordinance like all city residents, and staff has recommended a condition that emphasizes this requirement. The event areas are surrounded by mature vegetation that includes trees and bushes, and this mature vegetation helps to minimize but then certainly doesn't eliminate noise that these events can generate. This mature vegetation also acts as a natural screen, helping to shield the event areas from the view of the neighboring properties. Staff has proposed a condition that requires this vegetation to stay in place, and if any of it is removed, it must be replaced in kind. And then finally, staff has two final conditions that we recommend. The first is that the events and parking be set up in accordance with that site sketch that was submitted by the applicant. And then the final condition is that the CUP be granted to the applicant as the current owner of the property. and it would expire at the time the property is transferred to an unrelated party. So this means that if that property is sold to a new unrelated person, they cannot continue to operate the property as an event venue. They would be required to go back through the CUP process, which will allow for an evaluation of what they would be proposing specifically. And so finally, here's a quick look at that close-up of the house area and the vegetation surrounding it. a mix of hardwoods and then also some evergreens that provides that natural screen so in conclusion this property is unique in waynesboro making it better suited than some as an outdoor event venue with its approximately eight acres and relatively private setting the temporary special events use was geared towards this type of property and there's a group of people that look for these smaller event venues that still offer good access to the amenities that are in rainsboro and the surrounding region staff does believe that the recommended conditions should help mitigate the potential negative impacts on the neighboring properties that this use could have but of course it would not eliminate them staff will also note that if a condition isn't or cannot be met then the cup would need to be either amended and the conditions re-examined or it could be revoked and there is a process in place for this And so finally, staff is recommending approval of the application with the following 12 conditions. The type on this slide is very small and it is displaying the full text of each condition but I'll briefly run through them. So the first is that the conditional use permit be granted to the current owner of the property and shall expire at the time the property is transferred to an unrelated party. The second is that events be set up in general accordance with the site sketch that was submitted with the application and this was shown on a previous slide. The third is that the number of events be limited to 100 per year and attendance at those events be limited to 100 invited guests, not including staff or support workers. The fourth is that existing vegetation along the western and northern boundaries of the property and around the house and driveway is to remain. If any of it's removed, then it shall be replaced with similar vegetation. The fifth emphasizes that all events shall abide by the city's noise ordinance in chapter 50, article four of the city code. Six is that no event shall start prior to 9 a.m. and all events shall end by 10 p.m. The seventh is that portable restroom trailers should be provided for events with more than 25 attendees subject to the requirements of city code section 98-4.4.11 and that at least one ADA accessible restroom be provided at all events. The eighth is that portable water be provided as necessary for any events that require it. The ninth is no parking shall be permitted in the public right of way and all event parking must be on site in one of the three parking areas identified on the site sketch included with the application. The tenth is that the driveway should be kept clear of all vehicles to allow for full emergency access during all events. The eleventh is that if an event is planned and the ground is saturated from a weather event, then an erosion control device such as a silt fence or wattle should be installed on the low end of the property where the parking area is drained to ensure excessive sediment runoff doesn't occur and they should remain in place until the ground is stabilized. And the final 12th condition is that the applicant work with qualified professionals to design and build an entrance to her property from the Moseley Street right away adjacent to tax amount number 23-1-19D to allow access to her property from Moseley Street. She is to complete this within two years of the issuance of the conditional use permit and it should be designed per the standards in VDOT Road Design Manual Appendix F and work with the city through that process. And with that, I'll note that the applicant is here tonight and happy to take any questions you might have.

The first question that I have is how, what is the process for a CUP being revoked?

so I would definitely have to check with our legal counsel on that I know that they can be revoked so there would be a process by which we did that I don't I'm not exactly sure if it would require a hearing before counsel I would need to check on that but there is some process by which it could be revoked but I'm not sure if it if it would be administrative or if it would require a hearing before counsel

And how would these conditions be enforced to then know if a CUP is not in conformity?

Right. So that is a very good question. And I will point out that some of these would be easier to enforce than others. So I think we all can understand that fact. the city would be working very closely with the applicant to identify you know when events are occurring perhaps requesting a list of those events so that we can kind of monitor those numbers certainly any of the ones related to other parts of city code like the noise ordinance You know, those are enforced anyway all the time by the police department, so you could call and identify a noise ordinance and they would come out and do a decibel reading. Certainly if neighbors or community members identify any condition that is not being met, they can always contact our office and we can open, you know, like we do with all of our property maintenance complaints or zoning violation complaints, we would open a case and kind of pursue that case. so yes the point is well taken that some are much easier to enforce than others we don't have enough city staff to you know be there attending and monitoring so it wouldn't be that much oversight and would really be kind of communication from the applicant and from the community to identify any of those issues or anything that we occasionally you know would be on our radar to go out and look out like certainly the entrance within two years that would be something that we would identify to say okay we're going to check at such and such time to determine if that's complete those that entrance would need to have an engineered design plans that would be submitted to the city for approval which would certainly take time and construction that's why the two years is identified so we would obviously be monitoring that one you know more closely so it's a combination no exact science but those are some of the ways we would go about it so the standard approach even with um like property maintenance if a yard has grasses too high is usually filed and processed through the complaint of a neighbor or yeah so we you know certainly if one of our city staff is out riding around and happens to see something egregious they you know they could start a complaint or they could start a file but typically our office runs on complaint basis based on kind of the number of staff that we have so if someone calls and said my neighbor's grass is too long we have someone go out take a picture and start that case file that's my understanding yes with any complaints I had our zoning administrator pull complaints received on that property. And I think we have had three, one in 2021 that was related to the bed and breakfast or B and B one sometime after that that was related to vegetation and then one in 2026 um related to the events and that is i guess within a couple of weeks we met with the applicant told them that they needed to apply for the conditional use permit so it's my understanding that there have been three zoning related complaints and or property maintenance um on the property one one this latest one in a couple months ago related to the events yes so in five years i think so i think i think that um oh what chairman if you have any

yeah so at least this is a good opportunity for us to stop and talk for just a second because i see a lot of people here who maybe haven't been to one of these before and we are so happy that you're here because we'd love to see folks engaged with this process and we love to have planning commission meetings with lots of people who are attending One thing I'm going to ask you to do, so we, all of these events are live broadcast on YouTube, and so I'm going to ask people if you're not at the lectern speaking to please keep the volume level down, just out of respect for the people who are watching at home, so that the microphones can pick up whoever's at the lectern and we don't have a lot of background noise, okay? If you haven't signed up, we're going to hear from the people who are signed up to speak at the public hearing in the order that they signed up. After we hear from the applicant, those are the rules for our public hearings to set forth in our bylaws. So after I open the public hearing in just a minute, we're gonna hear from the applicant and then we'll hear from everybody who's signed up. We are gonna set our time limits at four minutes per person. So when you start, I'm gonna ask you to say your name and your address. The little light up here is gonna turn green. When you have 30 seconds left, the light is gonna turn yellow. And when the light turns red, I'm gonna ask you to go have a seat, okay? So try to keep your comments as condensed as possible. Again, please remember to state your name and your address for the record. And then at the end of public comment, the applicant will be given another opportunity to respond to the comments and any additional questions the Planning Commission may have for the applicant. And then we're gonna close the public hearing and there's not gonna be any further comments. So I wanna remind you also that our role as the Planning Commission is to make a recommendation to City Council. So this is the first of at least two public hearings that will happen on this CUP application. So this is our job, nothing final will be decided tonight. I encourage you all to follow this process to the next step when it goes to city council and talk to your city council people. If you agree with us, if you disagree with whatever decision we make tonight, that's wonderful. I encourage you to voice your support or opposition to city council when we get to that point, okay? Because we're not making a final decision tonight. um so with that and i i'm telling you all of these things because i started to hear a little bit of noise back there and i want to make sure that we're being respectful to people who are on video or at home or couldn't be here so with that um i don't where were we in the process i think you were answering a question yeah i believe mr lee was asking a question i might have answered it but if not i'm happy to yeah i think you did i did have one for the applicant so whenever she comes okay do we have other questions for staff All right.

Thank you.

I'm sorry.

Not this moment.

Okay. All right. With that, I'm going to officially open the public hearing for the conditional use permit as set forth in the agenda. And if the applicant would like to speak, this would be the time to come forward. One thing I'll say while the applicant's getting ready is we have received a tremendous amount of emails and phone calls. Many of us planning commissioners have. I have tried to respond to every email and phone call that I got. If I didn't respond to you, I apologize. I will try to respond to you. But if you sent me an email or if you sent us an email, we have read it. Feel free to just remind us what was in your email, but don't feel like you need to come up here and reread your email. We've seen all of those, we've read all of those, and we've considered all of those before this point, okay? Thank you. With that, take it away.

Thank you. Am I limited to four minutes? no our bylaws do not require you to be limited to four minutes but i would we've all reviewed your application before today okay yeah i'm going to be as speedy as possible um so members of the planning commission community members and most importantly neighbors my name is jill wallace and i'm the owner of mimosa farm here in waynesboro thank you for allowing me the opportunity to discuss my application for a conditional use permit six years ago i purchased this property that needed vision hard work and a significant investment Since then, my family, my team, and I have transformed it into a place where people celebrate some of life's most meaningful moments, weddings, family gatherings, retreats, and community events. We've also welcomed overnight guests from around the world, most recently a Dutch man bicycling across the country. We've supported local charities, partnered with local businesses, and created an experience that reflects the very best of Waynesboro. Tonight, I'm not asking you to change the character of this neighborhood. I'm asking for the opportunity to continue operating responsibly under a conditional use permit that provides clear expectations, accountability, and oversight. Throughout this process, I've listened carefully to concerns from neighbors. Some of those concerns have led to meaningful improvements in my application, and I appreciate that dialogue. My goal has never been to dismiss concerns, but to find reasonable solutions that allow a small business to thrive while being respectful. I believe this application strikes that balance. I've prepared a brief PowerPoint that highlights the history of the farm and the CUP application. I wanna walk through the timeline of Mimosa Farm. I purchased this property in May of 2020. In November of 2020, I actually registered it as Mimosa Farm LLC, which is a farm in short-term stay. We have had an active business license in the city of Waynesboro since November of 2020. In November of 2023, I did take a short break. We maintained our business license, but we did shut down the short-term rental to undergo a pretty big renovation. I also had a torn rotator cuff that took me out of working for about a year. In December of 2025, I actually retired from a corporate America job and began working for the farm full time and in May of 2026 began the conditional use process. I do want to highlight that I received the call from the city on 519 and quickly met with the city. I needed to wait till someone was back from vacation, so we met on 527. I was told that I could have as much time as I needed to complete my application, but I actually completed the application on 64 and turned it in because I wanted to swiftly address this issue. want to highlight some of the people that work at my farm i am able because of the work that we've been working so hard on to employ three people part-time permanent i have kaylee watts who's my director of guest experiences wesley hilbert who's my maintenance director and ethan winsky who's my director of grounds maintenance all three of these people work a minimum of one to two days per week and it for some of them is a reasonable source of income I also want to highlight some of the people that work on the farm when we talk about weddings and events. I have Cadence, who works for Graceful Floral Company, again, another Waynesboro small business. Elizabeth Smith from Elizabeth Smith Photography, again, another Waynesboro small business. Haley Coffee with Haley Coffee Creations, again, another Waynesboro small business. Kaylin from Hair by Kaylin, which is a Stanton business. We tried to find a Waynesboro one. and maya from mega aesthetics who's our local makeup artist and also runs the spa at the farm I want to talk a little bit about the community and the agricultural operations. We say mimosa farm. People immediately start to think about the champagne drink, but it's actually the mimosa tree. We have the largest what was on in Virginia mimosa tree that just died. It died from the spotted lanternflies, but we have some new ones coming up. But we are an actual working farm. We have many Angus cows. We have goats. We have a miniature donkey. um all the things that you could ever imagine on a farm in small quantities because we are in the middle of the city we've been able to have local agriculture students come and do all of their volunteer hours and learn as much as i can teach them about goats and cows and donkeys and how i maintain a farm but i think the bigger thing that i have to offer them is how i run a farm in a business at the same time so that's been a really great thing that we've been able to do We also host a weekly support group. Every week that attendance has grown from four to five participants up until our most recent group, which had over 20 participants. We've hosted small events. Two of my three children were married on the property. My neighbor's daughter was married on the property. Tons of family and friends have hosted special life celebrations over the last six years. lastly since 2021 we've been hosting the mimosa farm fall festival this is a festival that allows local vendors and businesses to showcase their products and goods as well as local food trucks each year it's grown the fall festivals festival started as a way to raise money via a 50 50 raffle and is a way for us to give back to local dog adoption organizations the spring fling was added two years ago and has focused more on providing the community an opportunity to have a yard sale in place of in a place that makes sense and has ample parking Both of these events do not profit the farm. They've been community focused and well received. Some of this is gonna be a little bit repetitive. Alison did a great job of recapping, so I'm gonna kind of roll through it, but I did an open house last night, and this was my slideshow from last night where I invited the community to the farm to understand so that if you had concerns or questions, we could meet one-on-one, you could tour the property. And this was what I thought was the most important slide. Why now? You might be asking why I didn't get a CUP six years ago, and the short answer is I didn't know I needed it. The very first year of the fall festival, I received a call from a city official, and they asked questions about the event. They were concerned that our food trucks were not licensed or approved. I had the food truck vendors get in touch with this gentleman, and I asked, is there anything else that I'm supposed to be doing? He said, not that I know of. You're a farm. You should be good to go. I took that to mean that because I'm a farm, I fall under agritourism and that, in fact, I am good to go. The next slide was my did you know slide from last night, which is not really pertinent for you all standing in front of me, but certainly very important for the people seated behind me.

The very first one we've already talked about.

I've read a lot of feedback online. Lots of people think that we're rezoning from residential to commercial, and I just want to reiterate that that is absolutely not happening. I live at Mimosa Farm. It is my home, and it is not changing from residential to commercial. The next that I have heard is that adding or approving the CUP is going to reduce property values. i am not a young person so about 30 years ago i worked for an appraiser's office and when i worked for that appraiser's office i learned what property value means when i purchased this property in 2020 i purchased this property for 445 000 i had an appraisal done six months ago and it appraised at 1.2 million I think I've done a good job of raising people's property value near me and there's probably nothing that I could do on the property that could affect property values the way that I feel like people are worried about. The CUP expires upon sale. We've talked about that already tonight, but I do want to reiterate that. Parking, with regard to parking, I own 8.3 acres. That's 361,548 square feet, and the average parking place is 325 square feet. minus my home in trees there's more than enough green space to accommodate the parking associated with this application and in fact it would be silly for someone to not park on the property you would end up having to walk a pretty sizable distance to get to where the events would be taking place Um, events that are less than the capacity of the house. This house is nearly 6,000 square foot home and it has a capacity of 20. And so I do think it's important to point out that if it's less than the capacity of the house, it wouldn't require the CUP. So if I had 20 guests staying in the, in the, um, short term rental and they decided that they wanted to have a wedding while they were there, they're having a wedding under the occupancy of the home. um plans for mosley so originally when i started discussing this with my neighbors one of the things that was brought up to me was by richard rogers which is we we kindly call him the mayor of alphan avenue but he said jill why don't you put a driveway in on mosley and i said well richard i don't know that i have the the funds to do a driveway on mosley um i've put a lot of money into this project and i'm just not positive i can do that and he said well i think that's what you need to do well i'm not certain that i can do that but after hearing the feedback from my neighbors and the information that they've shared with me i feel like the only thing that i can do to be a good steward to my neighbors is to put the driveway in so i've made some changes for some other future plans to free up the money to be able to afford to put in a driveway on mosley The city ordinance regarding noise. I always thought the city ordinance was 10 o'clock. So changing it to 10 doesn't bother me at all. I was just going with what the ordinance was when I originally did the application for an 11 o'clock stop time, but I'm fine with ending the events at 10. I do want to point out that when we were talking about complaints that have come in, there's never been a noise complaint. So we had somebody complained that the hay in the field was too tall and they were afraid that they were getting snakes and things, but we were trying to let it grow so that we could bail for the winter. Um, and then the most recent, I don't think that was a noise complaint. It was a more, what are you doing? Why is she holding events complaint? And I don't remember what the third one was. Um, but we've never had noise complaints. I've never had a deputy or a sheriff or a Waynesboro police officer come to the house and say, why is there noise up here? Um, my children can account that I'm a pretty strict mom and I, I tend to run those events pretty strongly as well. Regarding public safety, I am very vested in public safety, especially while visitors are on the farm. And to date, we've never needed an emergency responder during an event. Regarding the impact on nearby families and children, we're a farm first. We've always allowed and invited our neighbors and their children and grandchildren to visit the farm, feed the animals, and walk our land. So that's something that's super important to me and that I want to be able to continue to offer. regarding environmental impacts and stormwater runoff. We've already talked about that and I've agreed to put in those mitigation efforts to keep that from becoming a problem. I wanted to touch quickly on the future of Mimosa Farm because it's important for everyone to know what my plans are. One of the things that I see in the very near future is taking apart, again, we have 360 some odd thousand square feet. I would like to take a reasonable chunk of that and plant flowers so that when people are getting married there, they have an opportunity in their experience to go straight out to our flower garden and pick their flowers. So they'll do fresh cut flowers. We will then transfer those over to our florist, which is Cadence, and she'll be able to make them the bouquets and the flower arrangements. It will cut down on cost, and that is one of the things that's really, really important to me at Mimosa Farm is that people are still being able to afford a wedding, but it's not so expensive that they can't afford it. One of the other things that I'm looking to add in the near future is a two star story garage with an apartment above it. I plan to move into the apartment and out of the big house because I want a little bit of privacy at times. So looking forward to that. And then the very last improvement that we would be looking to do would be a pavilion that would be of the rustic nature to replace a temporary tent. So that's something we would work with the city on to design and build so that we have something more permanent.

um i don't know if this is the time for questions but i put it in here so all right do we have questions thank you very much you're welcome questions for the applicant i have a quick question i just want to make sure that future plans weren't impacting any of the recommendations set forth by staff or like parking things of that sure are you able to confirm that

I can. So, again, it's a very large piece of property. So for 100 guests, we're talking probably 50 cars, maybe less. That really doesn't require much of our land at all. So we would likely do the flower garden. I don't have a way to get us back to any kind of overhead view, but past where that Moseley entrance would be, we would look at developing that for flowers. That has the most sun, so that would be the most reasonable, and it wouldn't play into our overflow nor our regular parking.

Okay.

So you mentioned that you have a grief support, heavy hearts?

Yes, sir.

And that is part of the 100 events

Yes, sir. Yes. So when I began this, I was asked to choose the number of events that I thought would be appropriate. I did some research and took a look at what another similar property did, and they also requested 100. So I gave that some thought and figured, well, if heavy hearts is over 20 people, which personally I hope it is because that's more than 20 people in the community that needed a support group. uh that would be 52 approximately events per year so if we take out i wanted to make sure that i had plenty of room to continue to donate that space and allow heavy hearts and still be able to run the farm and that event is held on what day of the week monday what are the hours for that event 6 30 till i'm going to say question mark it's usually an hour or two

Your other events, the other events, weddings, things of that nature, would it be, what, normally weekends?

They would normally be weekends, generally Saturday and Sunday. And we've had the majority of our interest has been baby showers, bridal showers, and micro weddings. We're not a large event venue. We're not doing gigantic weddings. We're talking baby showers, bridal showers. things of that nature, and micro weddings, which are generally weddings that are less than 50 people. But limiting people to 50 is sometimes very difficult. So we felt like 100 was fair at the end of the day. Thank you. Thank you.

Yes, sir. You had said that you work and you're retired.

I am happily retired, yes, sir.

Well, when you own a farm, you never retire, but you have retired from corporate life, and this is what you are currently doing, I'm guessing, to supplement income and all that. You have almost eight and a half acres.

Right there.

And it's zoned residential. And I'm going to play devil's advocate here for just a second. With the growth going on in Waynesboro, I would like to commend you for not sticking a for sale sign up in there and letting a developer come in there and put a large number of houses in there which definitely would increase traffic noise and everything else yes sir um and i'm assuming that is not in your life plan or your business plan

So it was never in my life plan. To hit on that topic, I appreciate the question. I worked for 20 years as a vice president for a large healthcare company. I was in a spot where everybody I worked with, it was a negative interaction, right? Somebody was either dying or they needed help or I was letting people go because we could no longer afford to pay them what they deserve to be paid. When I made this decision back in September of last year to make this change, I really decided that I wanted to be doing something that positively impacted people. I wanted to meet people at their best moments, not their worst. And so that's why I made this change. And when I purchased this home, I purchased this home from the Hughes family. And one of the things, and I did a lot of wheeling and dealing. So the sales price was not 445. That was after some wheeling and dealing. But I say that to say that one of the things I did was write a letter and tell them I have no intention of developing this property. It's not my goal, it's not my end goal. My goal is to continue to celebrate life's best events and to be able to provide something that I feel like the city doesn't have. I feel like corporate America gave me the ability to learn how to run a business, but Mimosa Farm is teaching me how to build a life.

I've got another question. Of your events, you put 152 of them are the weekly heavy hearts, grief counseling, however somebody wants to, whatever nomenclature somebody wants to attach to that. Are there any... events that you will have to forego in the interim to accommodate this CPU that will reduce your income your your ability to welcome the community into your farm like you've been doing you you said you invite the ffa in there you have yard sales and things like that are any of those events going to have to go away in order to accommodate some of the conditions on this cup

So I believe the CUP has an option for the two festivals to continue, but I know that there is a lot of pushback, certainly. And those would be the first two things that would have to come off the docket because they are the largest events that we host is the Fall Festival and the Spring Fling. If I'm being very transparent and I feel like this is the best place to do it, I make zero dollars on both of those events. And so if I had to stand up here and fight for my farm, I would be fighting for keeping all of it. I would be fighting to keep the Spring Fling, the Fall Festival, and all the things that we do. But those two items aren't... i they're huge they're they're very well received however we do have parking attendance we've made lots of changes for ways that we handle those i feel like i've been as respectful as i can when i'm made aware that there are concerns um when i'm not made aware i can't fix things i don't know about very true thank you

so the cup you'll be limited to a hundred events yes sir per year up to 100 people per event yes sir now you've been operating for several years now under the radar and um having many events how many do you estimate you've been having on an average per year

So I just retired on 1231. So prior to working, we did very few because I was working full time. There's no way I could have done big events at large quantities prior to working on 1231. 1231 of 25? 25, yes.

Retired. correct okay so cuz I I visited several of your neighbors and the the main complaint I had was the noise sure okay so you haven't been having that many events and there's complaints on the noise now and you're gonna be allowed to have a hundred events coming up we 50 of them will be for the support group, which I think is great that you offer that support group and whatnot. So do the neighbors, will they be looking forward to experiencing more noise because now you're retired and I think you're advertising more now too, right?

We're pretty popular for sure. And again, I guess the best answer to your question is that, yes, could there be more noise? Yes. But baby showers don't really have noise.

I hope not.

Bridal showers don't really have noise. And that's probably what we're most popular for. And then elopements is the other thing. We are not the prime location for big weddings. And to be perfectly honest with you, I tend to outprice myself out of large weddings because I don't want large weddings. It's a lot of work. Micro weddings and elopements are what I would prefer 90% of the time and with a cap of 100 people that lends itself to larger micro weddings, but really the average wedding is 40 to 60 people.

Okay.

Does that answer your question?

Yeah, so you're not seeing an increase in the number of events that would allow, I guess, for it to get noisy, like parties and whatnot? No.

no i don't i don't believe that that's going to be the case i i believe and this is a very difficult position for me to be in but i believe that it's a worried about the worst case scenario worst case scenario is that i have a hundred people over friday saturday and sunday and we're just living our best life over there, and I'm old, and it's not happening. So we're limited to, you know, if I'm going to do a wedding, it's one event on the weekend because they take a lot of work, a lot of work, and there's no way we'd be able to do that. But baby showers and bridal showers, there's not even usually music at those. Or if there is, it's from somebody's phone onto a portable speaker.

So where do you think this noise is coming from that people are complaining about now?

I think it is... I think it's fear. Fear of noise.

Fear of noise? Yes. Okay.

I do.

And I think the moose has been unfairly blamed for some of the noise, too. Oh, really? It's taken some of the heat off of you. They think it's the moose.

We do live right next to the moose, so I can see where that would be.

But I'm a member of the news and I know they don't have a whole lot of outdoor events. So I Don't think this recent noise has been coming from them But anyway, and I just was made I didn't even know you existed Until four days ago five days ago when I got to pack it from Allison. I said mimosa farm What will we talk about here?

Sorry to hear that well

I guess it's my loss, right?

We would welcome you anytime.

Now, I also understand you have pool parties.

All of our parties have access to the pool. So if you do a baby shower or bridal shower, you're able to access the pool.

So it's all part of the package. It is. So you don't like advertise or invite like groups that come over for a two or three hour pool party and this kind of thing by itself, a standalone party.

It would be for an event. It would be like a bridal shower with a pool party.

Okay.

Yep. So the pool is in the middle of the reception area of the party area.

Okay.

Yes, sir.

That's all I've got right now.

Yes, sir.

Who do you work with to handle your parking or does your staff? You don't work with nobody like RMC or anything like that.

Oh, gosh, no. If we get to that level, that won't fall under the CUP. So we'll be buying the moose. No, I have two. I have a maintenance man and a groundskeeper. So they both work those. And then we bring in additional staff for events if needed. But we have two permanent people who work for us.

So it was my understanding that you're going to have 100 events within a year. But I think I read somewhere that your operation is typically from March to November. So is it 100 events then in nine months? Is that what I should understand?

So what we meant by that was that those are the warm months, and this is an outdoor venue. So there's not a lot that can happen in the winter there. Also, my end goal is to live in the Dominican Republic. for a few months out of the year and so that would mean that we're just running the short-term rental while i'm gone so we would have more access during the the warmer months because this is an outdoor venue now how many how many head of livestock do you have on that farm depends on the day but um currently today we have three miniature cows two goats one donkey but we rotate some in and out based on the amount of the grass that's tall and and whether or not we have enough grass to bring more in and more out and the animals are just there i don't want to use the word pet and zoo because i hate that

But they're there to augment the viability of mimosa farm.

For sure. And they make the cost of maintaining the grounds a little less because they eat the grass.

Oh, yeah. Go to clean you.

They will. Yes, we move them sometimes to put them in different areas. But yes, sir.

You know, I had one other comment. You had mentioned that you might consider building an apartment for your own privacy. For sure. Do you feel that some of your neighbors have privacy concerns and how would you address those?

So I would say that it's really hard to describe verbally to you, and I would say that it would be really great if you would come to the farm and take a look. But we are surrounded by vegetation on most sides. The side that's open is the moose side. We do have one neighbor, and I don't know how the north, south, east, west works work. that i could sit here and figure it out for you but it's the forehand property and they have put in some trees that block their access to seeing my property and that's the only house that really has direct view to me everybody else has tree coverage you know i think once the people get to your property you can handle the traffic it's getting to your property for sure on alphan so i think that's really kind of an issue for a lot of people that i spoke with OK.

It's really getting to your property. For sure. Accessing through their property is really their concern.

I don't know how to answer that. I'm sorry, except that I would be willing to do additional. I don't know what the signage laws are, so I would have to look into that. We have had issues in the past where Google changes our address to 501 and it still says we're 601, but it thinks it's 501. or it'll try to send people through a previous right-of-way, and I've tried to correct it. Every time I correct it, it goes back. But generally speaking, if you use Apple Maps, it drives you straight to the farm, and it's very clear where it is. I do think that the addition of the Moseley entrance will help a lot of that because that will be very clear and very obvious, and that's one of the reasons I also agreed to do that. Okay. Thank you. You're welcome.

I also have a concern about the traffic on now from right now you know especially not getting to your place so much but leaving it after a party. Because I've heard some stories of speeding for one time. And I don't know if it's true or not or the vehicle ended up in the creek I don't know about do you know anything about that.

I do I know about the vehicle in the trip I was married back in 2020 and one of my ex-husband's family members was there and it was snowing and when she left she came down the hill and did you drive all the way back to my property.

No just to the sun. OK.

When she came down the hill she lost control and drove into the creek that was in 2021 and we called the tow truck and had to have her removed.

OK. All right.

Yes.

On the first person that we have signed up is Joe Klotz.

Reverend Joe Klotz at 2059 Roads Drive, Waynesboro, Virginia.

Okay, and I just lost, okay, now I just got it back. I'm trying to use this device. I'm speaking in opposition to this rezoning or this conditional use permit. My wife Ann and I live at 2059 Roads Drive, which is at the corner of Alphon approaching. When we bought the house, my wife named it Heart's Rest because we both and our guests have experienced great peace in our home and the property in this very special corner of Waynesboro. We've not had concerns about Jill Wallace's operation of the B&B or an occasional neighborhood daytime event. It's the larger events that concern us because of the traffic that comes to the section of Alphen Road coming down from Chase, the steepness of the hill, the narrow bridge across the creek, and then with insufficient railings, the narrowing of Alphen Avenue as it, after Rhodes Drive. Also leaving Jill's property, coming up Alphen to Chase, there's very poor visibility at the stop sign for the right or left turn onto Chase, and an awkward jog to continue. This residential area is not designated for this impact and danger that can come with increased traffic of the proposed commercial venture. There are people daily that walk their dogs, bring their children. We have an electric gang of kids that just come with every kind of electric thing. They love that hill, and it's just a quiet area. It's a safe area for that, but they're there as well. Night events would be even more hazardous with inadequate street lighting for vehicles unaccustomed to this area. Jill has a heart of gold. My wife and I have felt that from the first time we met her. And I think she's a very creative and generous person. And we would like to find a resolution for her to earn a living that doesn't include disrupting the quiet and safety of the residents of this area, which we call Spring Valley, and where we have made her home. Thank you.

The next person we have signed up is Linda Wolf. Sorry. Hey there. Sorry.

It's a long Dutch name. That's okay. Sorry about that. Mr. Mayor and Planning Commission, thanks for having us all. I'm Reverend Linda Cusey-Wolf, 424 Alphen Avenue, where I live with my husband, David. We're about four houses from Jill's establishment. We've lived here about six years following my retirement as a Methodist minister. And although I, too, like Jill, I'm speaking in opposition to this request. You know, as a pastor for 40 years, I've had lots of experiences organizing events and trying to keep people safe. Weddings, birthday parties, military folks returning from overseas, celebrations, you name it. In parks, in public spaces, in people's yards, in fields, in church grounds, you name it. Some have had a few dozen people in attendance. Others have had 100 or 150. And you know there are best practices for event venues. I can give you all kinds of websites that list them. And I'd like to share a few that would be a blessing. Exits and entrances should be clearly labeled and lit up at night so there's no doubt where you're going. There needs to be a team of people directing people to safety, and there needs to be some preparation if guests have obviously been drinking and they're getting into their cars to intervene. That's the elephant in this discussion that's not been mentioned, drinking and driving. There should be a safety and security team that's well trained. I had 10 folks trained all the time on my staff. Be able to do a risk assessment. Be trained and ready to communicate with the whole team with the crowd gathered. Have a clear game plan that's been communicated if a mass evacuation is needed. Is there an active shooter? Is a tornado coming? Is somebody's car on fire? If you've got 400 cars in there for spring fling and something goes wrong, good luck. Are the guests being screened at all for drugs and weapons? Do you have any idea who these people really are? Any insurance person with access to an actuarial table will tell you, given the number of crowds and events, it's not a matter of if a crisis occurs, but when. Are you prepared? Are you proactive? Is the neighborhood going to bear that burden also? There should be a medical team, trained and active. Most medical problems in outside events are dehydration, especially when enjoying alcohol, asthma, heart issues, tripping and falling, mental health crises, diabetic crises. Who's trained? Who's keeping an eye on the group, especially if there's 100 people? What's the game plan for evacuation or getting an ambulance in when there are tightly packed cars? What if Alphon Avenue is blocked by a moving van or a dump truck or heaven knows what else? Who's going to give leadership to the plan? What's their level of training? What's their certification? You know, temporary structures like that cute building where the wedding couple had their picture made should have a certificate of structural integrity. Do they? How much liability? Well, we're an old neighborhood of quiet people. We're proud of the quality of life. We want law enforcement, accountability, a good look at alcohol consumption, and finally, Mimosa Farm is cute, but eight acres is not a farm. You're in a residential neighborhood. Thank you very much.

The next person signed up is Kathleen David Wolf.

No, just David. Chapman. Chapman.

Sorry. Sorry.

I had to think about what that meant there. Thank you. Thank you, Chairman. Uh-oh, better have my paper. Thank you, Chairman. Thank you, Mayor. Thank you, Commission and Board. My name's David Wolf. I live at 424 Alphon Avenue. We got in there at the same time. And I appreciate you allowing me time to express my concerns about this events venue, having events venue in our residential neighborhood. Notice how I put that? Residential neighborhood. I'm a retired professional chaplain. My name is, did I say my name? Reverend Dr. David Wolf. And one of the key things, and I need to talk to you, Jill, about this, that's what I teach is grief and loss. So we may need to talk about that. I last served as chaplain at Summit Square. And we live in this residential neighborhood with houses on all sides. It is quiet, except maybe the moose once a year, and so there's houses all around Mimosa Farms. One thing about the trees on one side is they're high and old enough that you can see all the way through to the neighborhood. There's no limbs down low, so you need to know that. Have you all been out to the Mimosa Farms or out in that neck of woods to see what we're talking about? uh... i think would be served you wits well spring valley is just a little piece of paradise if nothing else over the last period of time there's been a noticeable increase perhaps the last half year in noise from events that mimosa farms least that's our all that's my perception what i've heard from others uh... those in the neighborhood let me cut say myself let's put me in there first to be specific, have sought to be good neighbors. Jill has been a good neighbor. We have Christmas together events. This is not, that's not the issue. But what you're seeing is the lack of complaints is we are good neighbors and everybody wants to get along and we don't make complaints until we see that the writing's on the wall here. So we have kept ourselves from complaining because, That's Jill, and she's one of us, but if this is continuing, that's giving us a concern. That's giving us a concern. And we're finding this whole thing unnerving in the neighborhood, because we have heard enough loud noise, even in the last few weeks, one of our people said, you know, I heard a big fight going on over there at some venue. People were fighting over there. And sound projects, and the question I had, we looked up the CPU, is that it? C-U-P. C-U-P. And it's, what, 75 decibels. Then we looked at the distance that can go. That's 1,700 feet max. I think that might be good for a venue down in the river, but I'm not sure that's good for a residential neighborhood. You get my point there? This is a residential neighborhood, and houses are not that far away. There are woods. She has a beautiful place there. It's just gorgeous. So that's not the issue. But 75 decibels really is made for open fields in other neighborhoods. 30 seconds.

How much is it? 30 seconds.

Okay. Oh, gee. Let me skip around. Remember, I think this permit changes the neighborhood. These events make a residential neighborhood into a public thoroughfare, at present particularly. And that includes the festivals. And I, too, have had a lot of weddings. I was chaplain in a hospital, so I would get everybody coming and asking. Sorry, time's up. Okay. Anyway, you never know what's going to happen at a wedding.

The next person we have signed up is Richard Rogers.

So we compiled something. He does have some remarks. I don't know if we're going to do them all as one, how you would count the time, but I will try to be brief. My name is Emily Lassiter. I grew up at 501 Alphen Avenue where my parents currently reside. Their home is adjacent to the property at 601 Alphen. my dad was earlier referenced as the mayor and i didn't have this in my notes but i thought it would be important to share with you guys that our family farm has been in our family for generations and this entire neighborhood was part of our family farm that was later subdivided into a small peaceful residential community So I'm going to share what our family wants communicated, and then he'll have a few remarks. I appreciate the opportunity to speak regarding the request for a conditional use permit to allow temporary special events on this property. Our opposition is not directed toward the property owner personally. Rather, it is based on whether this proposed use is appropriate within an established residential neighborhood. The request would allow up to 100 special events each year. That is on average nearly two events every week, regardless of how well the events are managed. That level of activity represents an ongoing commercial use rather than an occasional neighborhood gathering. The impacts extend beyond the property itself. Each event has the potential to bring increased traffic on residential streets, additional vehicle trips throughout the day and evening, headlights, deliveries, outdoor activity, and amplified music. Even if all parking occurs on site, the surrounding neighborhoods will still experience these impacts, and that includes Mosley Court and Alphon Avenue. The city's noise ordinance allows outdoor music entertainment up to 75 decibels at the property boundary adjacent to residential property. Sound at that level is plainly audible well beyond neighboring property lines. The ordinance also recognizes that amplified music audible at significant distances can interfere with the quiet enjoyment of nearby homes compliance with the maximum legal noise limit does not mean the use is compatible with a residential neighborhood this property is located within the rs12 and rg5 residential districts those districts exist to preserve residential character and protect homeowners reasonable expectations for peace There's more here, but I want to make sure that you have time to share anything that you want to say because this directly has impacted you. Just keep going. You want to keep going? Okay. We're also concerned about the precedent this decision would establish. If this request is approved, it becomes more difficult to deny similar requests elsewhere in residential neighborhoods throughout Waynesboro. Virginia law allows conditional use permits only when the proposed use is compatible with surrounding properties and serves the public interest. We respectfully ask the Planning Commission to conclude that a venue hosting up to 100 special events each year is not compatible with the surrounding residential neighborhood and to recommend denial of this application. We appreciate your time and consideration. And you can share what you want to say.

I guess I was saying, Mr. Lee said earlier, how come no one said anything earlier? We are a good bunch of people. We knew Jill was doing something back. We honestly all thought she was licensed to do a special, and nobody wanted to step to the plate to do it. But it has come very, very noisy. The traffic is unbelievable. They might be able to get rid of the traffic by going through Muggsville, but then it puts them in some other neighborhoods. 32nd.

32nd.

Anyway, the noise part just bothers me tremendously because we have a lot of outdoor living areas in our house. My wife and I garden, and we go outside, we want to hear the birds. And as I went through the other neighborhoods that were never notified about this, that was their biggest concern. They weren't aware this would even take place. And I think that they'll lose their ability, too, to have privacy and even walk out. I know none of you guys will want to have us anywhere near your house so that you can just enjoy a quiet environment.

Thank you.

The next person signed up is Kimberly Hathcock.

Hi. So my name is Kimberly Hathcock and my address is 700 Rife Road, Condo 7A in Waynesboro. And I appreciate you all listening to me. I want to speak as a proponent of the conditional use permit. um one i want to say that i am someone that benefits greatly from one of the 52 events weekly events that is held at jill's farm and it is a weekly grief meeting support group and it is a smaller group and that so when we continue to say a hundred events i want to point out that 52 of those events are typically 20 people that are pretty darn quiet when you're talking about grief um so i i do want to make sure that everybody knows that you know we are saying a hundred events but when she specifically said 52 of those are weekly meetings that are grief counseling grief sharing support groups i think that we need to be made aware that there are not a hundred more events than those 52 so now we're down to 48 i don't know if that makes a difference but i do want to point that out i also feel that it is a a much needed venue in our area it is affordable jill makes a big effort to make things affordable to people that cannot afford larger venues I think it brings some sort of, albeit small, but small additional revenue for the city. I think that it's nice that we can try to support small businesses. And I think that most of the events that I know of, excluding the grief counseling, are small events. So and the other thing that I want to talk about is the noise and I will say that my condo is on the South River and I have a screen in back porch which I want to say I very much enjoy the solitude and quiet at my age of me and the dog sitting on the back porch and kind of enjoying the view and I also understand about noise issues because someone on the other side of the river from me and maybe if you could walk across housing is maybe about six doors up and continually probably At least every other week, probably four nights of the week, I am hearing their, I can tell you every word of their music that I hear. And I have spoken to police officers when it goes beyond 10 o'clock. So I do know noise issues, but I know that it's, You know, sometimes I just don't wanna complain, you know, and I've called the police maybe once or twice and said, you know, okay, maybe I should shut up and go inside and, you know, but I do understand noise issues, so I do understand that argument, and I don't know how often that is an issue, but it's also an issue in many quiet neighborhoods that, you know, it's not just a mimosa farm issue. Thank you very much.

Thank you.

The next person we have signed up is AJ Newhall.

Good evening, members of the Planning Commission. My name is AJ Newhall, 208 South Baird Avenue in Waynesboro, and I appreciate the opportunity to speak with you this evening. I'm here in support of Jill Wallace at Mimosa Farm as a local realtor, community volunteer, and someone who is deeply invested in the future of Waynesboro and the surrounding area. I've had the privilege of seeing firsthand what businesses like Mimosa Farm contribute to our community. Recently, I filmed a segment of the American Dream television show, which is scheduled to air in August on HGTV and the Travel Channel. I chose to feature Mimosa Farm because I believe it represents the very best of what our area has to offer. When people think about visiting, relocating, or relocating to a community, they aren't just looking for homes. They're looking for experiences, culture, local businesses, and places where people can gather. And Mimosa Farm is one of those places. Tourism is not just about attracting visitors. It supports local restaurants, hotels, shops, real estate, and countless other small businesses that rely on people choosing to spend their time and money here. Every successful local business strengthens the economic fabric of our community. Since the beginning of Jill's business, Jill has demonstrated a willingness to work with the city rather than resisting oversight. She has communicated with the city staff and, from my understanding, has communicated complied with each requirement that has been presented to her. She has made adjustments when asked and has continued operating within those ordinance. That willingness to cooperate should matter. What I have personally witnessed is someone who has invested in our community. I've seen business I've seen a business that creates opportunities for local vendors and workers. I've seen fundraising efforts that give back to causes within our community. I've seen a venue where families gather, friends celebrate milestones, and neighbors come together in a time when many small communities are struggling to preserve their identity and local businesses are facing unprecedented challenge. Those are things worth protecting. Communities do not become stronger by discouraging entrepreneurs who are trying to build something positive while following the rules. They become stronger by encouraging responsible growth, collaboration, and open communication. Waynesboro has much to offer and as someone who regularly introduces people to the area through real estate and now national television, I want visitors and future residents to see a community that welcomes innovation, supports small business, and values who invest here. I respectfully ask the Commission to continue evaluating this matter based on facts, compliance with city ordinances, and the positive impact that Mimosa Farm has on our community. Not rumors or personal opinions. Thank you for your time.

The next person we have signed up is Emily Almorode.

Hi, my name is Emily Almarod and my address is 417 Pelham Drive in Williamsboro. And I'm speaking in favor of the Mimosa Farm receiving a conditional use permit. I've attended several events at the Mimosa Farm, including birthday parties, a vow renewal, a Galentine's Day event, Spring Fing, and most importantly, the Heavy Hearts Light Snack Support Group every Monday at 630. I've attended events of all sizes where parking was always very clear to me. I've experienced valet parking, parking attendant parking, and plenty of field parking at Mimosa Farm. Events that I've attended have always wrapped up by nine or 10 o'clock or earlier. Jill's always made it very clear that events need to be wrapped up on time. The Heavy Hearts Light Snacks meeting that I attend weekly usually has anywhere from five to about slightly over 20 people in attendance. And this does factor into the possible 100 events per year that Jill included in her numbers. This group has been incredibly helpful to me as well as others, and you will see several faces in the crowd that have attended this Heavy Hearts Light Snacks meeting that happens once a week at the Mimosa Farm. Jill also does donate her space to the donation station, which sponsors the support group every week. um i'm not going to speak very long but i do want to speak to towards jill jill is a very kind generous and caring woman who truly cares about her neighbors and i do believe that she wants what is in everyone's best interest and i'll be completely candid um she also wants what's in the best interest of herself as she does live on the property she wants to make sure that things are good for her as well And Jill and I have had many candid conversations, and in conversations about this, she's expressly stated that she wants what is best for her neighbors as well, like I said, for herself. Jill, I happen to know, does recommend Waynesboro businesses when she has people stay on her property or when people ask her for recommendations. She thinks great things about our surrounding cities like Stanton, Fishersville, Charlottesville, Harrisonburg, but she does only recommend Waynesboro businesses, so she's driving money in towards the city. And I truly believe that Mimosa Farm is what Waynesboro needs right now. We need a place for people to host events, to go when they have nothing else to do. Jill, I feel like she is an open door, a place to go. And she opens her arms to everyone. She's a friend to everybody. And I just wanted to thank you all for your time and consideration today. Thanks.

The next person we have signed up is Donna Roberts.

Hi. I'm Donna Roberts. I live at 2308 Mosley Street. And I did have a reason to complain recently when I came home from visiting my son. And there was live music downtown. When I got home, There was a very loud music coming from behind me, which is where the mimosa farms are located. I called and asked if that was the lady who had mimosa farms, and she said yes. I said, can you turn it down just a few decibels, because... It's way too loud. And she said, I don't know. We're having a reception. I'll check and see. I said, well, the city is having live music downtown, and it's not beginning to be as loud as what you have going on behind me. So she did, and that wasn't the first time I had felt like complaining about the noise. I've actually done that one time years ago with the police department. But I'm really concerned at what's going to take place if she has a driveway on Moseley. because there are a lot of families and people with pets that are walking the loop around monroe and back around to mosley if you put in that driveway i understand the need because alvin can't take all that traffic but the whole thing is is that what about the people that come into our neighborhood that don't regard the speed limits that don't have respect for the fact this is not their neighborhood it's my neighborhood and i've lived there 22 years and i wanted to stay my neighborhood thank you the next person we have signed up is cambridge justine okay the next person we have signed up is jack belcher

My name's Jack Belcher. I live at 503 Alphon Avenue, which, if you recall the map, is the property right next to Mimosa Farms. I think it called, what, Ceremony Two area? And I do want to acknowledge the Planning Department. That was an excellent presentation, Ms. Tonbridge. i learned a lot from it it raised some concerns but it also answered some questions so i do appreciate the work that you and your staff had done i think that's going to come in real handy on the second public hearing so i look forward to looking at it in detail one of the questions that was raised i'm going to go off script i wrote something that would last three and a half minutes but based on the presentation and what i've heard so far and what i know is to come I kind of want to go off script and just address a few things that I've heard already. One has to do with the alcohol. And as a behavioral health therapist, somebody who's worked in the field for 44 years, I can tell you that that's a lot of concern. And I know the Wolfs had also raised that concern that when people are drinking, which they have over there, the behaviors become less inhibited. And I do believe that that is a recipe for some problems. And also, we've raised the issue many times about the traffic. Well, I'm concerned about the traffic because sitting in my front yard, which is my primary place to sit, my little Adirondack chairs with the fire pit, my dog and I sit out in the front yard and we see people walking their pets. We are the end of the line for people from Charleston Place neighborhood come all the way down and they turn around right in front of my yard. And I see people walking, wave to them all the time. I think I've seen less and less people because we become more and more inundated with traffic, which is putting people at risk. And Mr. Stewart, you raised a question about enforcement, which I thought was an excellent question. It's one thing to have these rules and these restrictions in place on the planning department's recommendation. It's another thing to enforce them. I don't want to be the police enforcer for my next-door neighbor. Jill, to me directly, has been a good neighbor. I'm a very private person, so I prefer less people. That has not happened. We're seeing more and more people who are creating more and more noise, and I'm talking about elevated noise. 75 decibels, for those of you who aren't aware, means that I could hear a vacuum at about 100 feet. right so anything over that would be in violation of the 2024 noise ordinance that was passed it's been a lot a lot bigger than a vacuum cleaner from 100 feet i can tell you that so i'm very concerned about that just because you tell people not to park in my in front of my house on my street doesn't mean they're not going to And my biggest concern is about safety, and we raised that question. I was a little surprised to hear about the fire department's assessment, because if you drive down there, and I would encourage every one of you to drive down there, the road going into Jill's property, the private road where city ends and her road starts, that road is one lane. And if you had, say, 100 cars trying to exit there during a fire emergency, you're you're going to have people trying to come out while the first responders are trying to come in that's going to be chaos so i would very much like to uh see the council or the planning commission really reconsider the proposal because i do not think it's going to serve us very well thank you the next person we have signed up to speak is ellen ohanlon

Hi, I'm Ellen O'Hanlon. I own the property at 2029 Roads Drive, which I hopefully move back to shortly. I'm here because I believe the issue is much more than one property. It's about protecting the integrity of our zoning process and ensuring that every property owner is treated equally under the city's ordinances. After reviewing public records available to me, I have been unable to find evidence in public hearings requiring these expanded activities have taken place. As a result, I do not believe the due process intended for city zoning ordinance has been completed. Instead, it appears that decisions have been made administratively without full public review that our ordinances are designed to provide. I would also like to point out City of Waynesboro business license process instructions applications first meet with business and zoning. department to determine whether the proposed business is permitted in a particular location before operating. From the records I've reviewed, I have not found evidence this owning review occurred before activities happened. If I'm mistaken, I would welcome the clarification. If I'm correct, I respectfully ask that the same standards be applied to every other business owner and property owner be expected to be followed. The burden should not fall on neighboring residents to discover potential zoning issues and bring them before the city after operations have already begun. The zoning review process exists to prevent exactly that situation. Therefore, I respectfully ask the Planning Commission review whether the current activities comply with the approved special use permit and city zoning ordinances. If they do not, I respectfully request the commission recommend appropriate enforcement, including cease and desist orders until all reviews have been completed and public hearings. My request is not personal. It's simply city ordinances be applied fairly, consistently, and transparently for everyone. Thank you for your service and your consideration.

Thank you.

The next person we have signed up is Leslie Smith.

Hello.

I'm Leslie Smith and I'm the property owner at 2232 Moseley Street. First of all, what I wanted to say was 601 Alpen, the zoning is RS-12. That is the strictest residential zoning within the city. When you look at the RS-12 zoning, the types of activities that are permitted are very, very few. Even a group home limits that it can only house eight persons. RS-12 is residential and it's meant to be residential single family. It's not mixed use, not business, not residential. It's where families want to live. um ms wallace's application states that she wants to hold events march through october so basically that's eight months with a hundred events per year i know it's been stated that 52 of those are grief and that's that's an awesome thing but it may not always be that 52 or grief she would still have permission to hold a hundred events per year And if you look at that, that means that that's three to four events per week. So basically, every weekend with most events being held on the weekends, that's when they would be all the time. With the events and the noise, I mean, you could pretty much say that there are no weekends that you'd be able to peacefully enjoy your backyard if you live on Winding Way or Mosley or Alpen. You state in your report that it's her responsibility to make sure that guests do not park on the street. How should that be monitored? How can it be monitored? If she is overseeing events, she's not going to be checking the streets, you know, to see that people are parked appropriately. I'm asking if a traffic analysis has been completed or initiated. In your report, you state that the fire department is requesting additional entrance between 2232 and 2300 Mosley, and that the applicant would be installing this entrance at her own expense. I understand how that could be a positive to her situation, but it is a negative to Mosley. it is a family neighborhood and if you allow that entrance to go in there it benefits her if she ever sells her property because then there's an entrance to property that could be developed as well as the fact that it's detrimental to my property because i'm going to get all the traffic in and out all the time as well as mr sweeney's property that is on the other side have a genuine concern and would like to understand how the city could allow this entrance to be installed to only help one individual its city property it should benefit more than one property I'd also like to understand how the Planning Commission can allow miss Wallace to continue instead of issuing a cease and desist When I met with Ms. Tombarge, she said that they had agreed that they wanted to work with her since she had gotten her application completed and they did not want to impact her future events. But my thoughts are, if she doesn't get this conditional use permit, then her future guests are even more impacted.

30 seconds.

Because the people will have less time to find another venue. Lastly, we put our trust in our city officials to follow the established ordinances and laws that are in place, not to choose to overlook them. Thank you for your time. Thank you.

The next person we have signed up is Melvin Sweeney.

Folks, I know it's hot in here. I apologize. We don't have any control of the thermostat.

I've sent several emails hoping I can get a response, but I haven't yet.

Thank you. Hello, I am Melvin Sweeney. I live at 302 King Square, Stanton, Virginia. So why am I here? My wife and I bought and owned and built in the first three sections on Mosley and Hokeman Station. We currently own 34 units in Hokeman Station. Not one, but 34. It's a public record. and i'm here to protest that 100 about why are we even considering putting a venue like that there we have a venue like that at expo to me this is a small expo what and i don't know the zoning i know the zoning but can she go and start selling um guns out of there and she builds a pavilion and has a gun show on Saturday and Sunday. Can she go in there and have hot tubs being sold on Saturday and Sunday? I know from knowing some people that work at Expo, that is hugely profitable. And so who's gonna say that if she gets this zoning for events, those are events also. With me owning those 34 units and the lady that lives on Mosley is a tenant of mine. She said she's been here 22 years. I have more people there than you can imagine about, and they're there because they rent there or they own there because they feel safe. They come home in the evening from work or whatever and they feel safe. They don't want to live next door to a party. and you talk about noise and I won't take the time to do it because I wouldn't have time, but I have a stack of complaints against the noise. People that are adjacent to that says that they walk across their floors and they can feel the vibration in their floors that'll take a picture on the wall and vibrate pictures on the wall that that's how loud it is. That is a community of families and we need to protect that, in my opinion, completely 100%. I have been going through Hokeman Station for 25 years and I go down there probably once a week for that time period. I have two full-time people that work for me that take care of my rental houses there, my rental properties there. And I know that they know every one of my tenants, but also know the people that live further in off of Mosley. And they bought there because they feel safe. and I would hate to get rid of that. If you go down there between eight and 10 in the morning, look at the people that are walking the streets, whether they're my age or not, all of y'all could be my grandkids except Mr. Klon. So with that, you know, people walk in the streets in the morning between 8 and 10 all the time. And in the evenings, you should see them pushing their grandkids up the street or whoever. Children riding their bicycles. There's more electric scooters and bicycles on Moseley than you can possibly imagine.

30 seconds.

So with that, you know, the security issue and the drinking of alcohol, I'm very proud to say I do not know of ever having a policeman go in Hogan Station where there was an incident. And the more drinking you have, the more people, it's going to happen, period. Thank you very much. Thank you.

The next person we have signed up is Afton Quick.

hello all right um i'm afton quick i live in 151 triple ridge drive i'm in stanton virginia but my mom and i i live i don't i'm really bad at directions but i live off of Alphen, like Skyland Avenue, right where Wawa is about to be, right there. That's going to be traffic. Anyways, thank you for allowing me to speak. I've lived in the neighborhood since 2000. I've known Jill forever, half my life. One thing she's taught me is how to run a business and how to be a respected person in my now grown life. And yes, she is a strict parent. Trust me, I would know. As she stated, this is her home, a place where I also call my second home because I'm there all the time. I've also witnessed and been a part of many of her events, the spring flings, the fall festivals, graduation parties. baby showers, her granddaughter's first birthday party, all the things. I'm kind of bouncing around because everybody's made points. and she's now opening her home, because she does live there, to the community and it's bringing revenue to the city. I've experienced firsthand how she treats her guests and I think the continued use of Mimosa Farms is a great addition to the community. I've been able to meet a lot of different people who come for the Airbnbs. It's been really a cool experience. She also supports small businesses and that does not go unnoticed. As a longtime resident, I believe Mimosa Farms has been a good neighbor and has brought value to our community. I respectfully ask that you approve the conditional use permit so Mimosa Farms can continue the positive work it has done so far. Thank you.

The next person we have signed up is Kaylee Watts.

Hi, my name is Kaylee Watts, 83 Spring Crest Lane, Stanton, Virginia. Good evening. I am here tonight as an employee of Mimosa Farms, but more importantly, who's someone that life has been changed by the farm. I'm a preschool teacher and a single mother to my seven-year-old daughter, and like many families, we're on a budget. We don't take extravagant vacations or spend money on expensive entertainment every weekend, but places like Mimosa Farms has given a family like mine chances to make memories without breaking the bank. Because of Jill, my daughter has experienced things that she may never have had the opportunity to. She's learned about animals, explored nature, and laughed until her cheeks have hurt. She's made memories that she'll carry with her forever, and as a mom, I can't put price tags on that. The farm isn't just a special place to my family. I've watched it become a special place where people come together. It's filled with love, laughter, community, and places where family can step away from the stress of everyday life, put their phones down, and simply enjoy the peace of Waynesboro. As someone who works here, I've been able to have the privilege of seeing what happens behind the scenes. Jill doesn't just support her business, she supports everybody around her. Every event helps local photographers, florists, caterers, bankers, musicians, retail companies, and other small businesses thrive. She also spends time helping our students with FFA to learn how about our agricultural animals and how caring goes into the farm. She creates opportunities for the next generations while preserving architectural roots of our community. I've watched Jill pour her heart, her time, and everything she has into this farm. She's worked incredibly hard to build something that welcomes everyone. Tonight, I'm simply asking you to look at the lives that have been touched because of Mimosa Farms. I hope you support the conditional use permit so the farm can continue bringing peace. people together and support businesses, educating our youth and giving families like mine a place to make memories that will last a lifetime. Thank you.

The next person we have signed up is Caitlin Vinnie.

It's Beanie, thank you. No, it's fine. My name is Caitlin Beanie. I live at 2006 Ross Avenue in Waynesboro. And good evening, everyone. I'm here to speak in support of Mimosa Farm. On the evening of July 14th, shortly after 9 o'clock p.m., I was leaving after visiting Jill Wallace when I had to come to a complete stop, complete stop shared in that shared driveway. The neighboring property owner was accompanying his grandchildren as they rode their bikes in the road, and I waited until they had safely moved out of the roadway so I could pass. That experience reinforced something important to me. Mimosa Farm operates responsibly and with consideration for its neighbors and the community. Visitors are able to slow down, be courteous, and safely share the road with others. Mimosa Farm is much more than a business. It is a place where people gather for weddings, celebrations, community events, support groups, and local fundraisers. It brings people together, supports other small businesses, and contributes positively to Waynesboro. Based on my own experience, I believe Mimosa Farm is a valuable asset to our community, and I respectfully ask that you support its continued operation. Thank you for your time and consideration.

Next is Wesley Hilbert.

Good evening. My name is Wesley Hilbert. Thank you for allowing me to speak in here for on behalf of mimosa farm. I got to know Jill about six years, five, six years ago when she was starting to do some of the updating and So I have continued to do, have seen how the property has grown, increased, and have also been there for many of the events that have been held as part of the staff. I help with the parking, and if need be, we can add extra people to help with the parking to take care of that. And As far as the noise, I'm not sure what 75 decibels is, but as far as the time frame, me and myself, I take walks in the morning, early, random times during the day, and being that I'm there a good bit, I take walks in the surrounding neighborhoods, and I have noticed noise at 9, 10 o'clock, just about like it comes from the Mosa Farm as well. Again, I'm here in support of Mimosa Farm. I really don't. That's it. Thank you.

Sir, can you just tell us your address, please?

I'm sorry. 95 Vance Road, Bridgewater, which is still Augusta County. Thank you.

Thank you.

The next person signed up is Brian Grogan. Grogan?

Good evening. Thank you so much for the opportunity to speak. I'm Brian Krogan. I live at 542 Winding Way over in the Charleston Park development. I respectfully oppose the proposed conditional use permit for an event venue within our quiet, tranquil residential neighborhood. I just want to do a quick fact check. From my house, I have a clear view of Ms. Wallace's property. There's no vegetation in the way that's indicated on that GIS. In addition, the pool was advertised as a rental at one point in time. Individuals could rent the pool if they wanted to. Just wanted to put that out there so we're all on the same page. While I appreciate the applicant's desire to use the property for these purposes, the proposed use is not compatible with the residential character of our neighborhood and our community. Event venues are event-based commercial operations that can generate significant traffic, noise, parking demands, and activity levels beyond what is typically expected in a densely populated residential area. Residents choose to live in this neighborhood with the understanding that surrounding properties would be used primarily for residential purposes. The introduction of event venue will significantly alter that character. and negatively affect the quiet enjoyment and tranquility of all the neighboring properties. I want to be clear what this is about. This is not about whether the applicant is a nice person or not. She may very well be. This is not about whether past clients enjoyed the events that were held there. This is about a for-profit business venture that is currently operating in a residential neighborhood without appropriate zoning approval and the impact of that business that it will have on the surrounding properties if this is allowed to move forward. What concerns me the most is that this business has been operated and continues to be operated without the appropriate approvals while generating revenue from clients. I was happy to hear that Jill's property value has increased. Any appraiser will tell you that if you border a wedding venue, your property value will be difficult to market. Your market now becomes extremely limited. I want to be clear on that. Rather than seeking permission before commencing operation, it appears that the approach was to ask for forgiveness afterwards and hope that the operation would simply continue without objection. That significant opposition from the neighboring property owners demonstrates that that is not the case. It shouldn't be allowed. At its core, the matter is about being a good neighbor, being considerate of the families and property owners who own property directly that adjoins Ms. Wallace's property. Unfortunately, the interest of those residents appear to have taken a back seat to the interest of a business venture. My wife and I moved to Charleston Park six years ago because it is peaceful, quiet, charming residential community. We value the ability to sit on my back porch in the evening and enjoy conversations with family and friend. As a healthcare administrator, I value the ability to decompress after a day of dealing with people in very challenging circumstances. It's not always a good day for people at a hospital. I deal with that on a day-to-day basis. So it's important to have that tranquil environment, and that's why I came to Charleston Park. 30 seconds. Thank you so much. Approval of this conditional use permit would fundamentally change that character. My family has already suffered through the loud noise and music, the most recent on July 11th. Under this proposed permit, she'd be authorized to host up to 100 events annually with 100 guests. That equates to approximately two events every week. We've talked about that. Using the applicant's own attendance assumptions, that's 10,000 guests could occur on the property annually.

I'm sorry, your time's up.

Oh, gosh, just getting to the good stuff. Thank you.

Thank you.

Folks, I'm going to remind you, I know you guys want to support or react to speakers, but I'm going to ask you to keep that down just so we're not interfering with the live video feed. Thank you so much.

Next we have William Lieber would My name is William leaving rude and I live at 512 winding way and I'm here to oppose what's going on It has nothing to do with the character of the individual that is operating her business however Being retired in the corporate world myself and doing consulting now, I can tell you this. You can sugarcoat anything to make it sound good, but it's a slippery slope and it's a snowball rolling down the hill. Somebody mentioned the fact that what we're scared of is being scared of the noise. Well, I can tell you this, on July 11th, My windows were rattling, my dogs thought there was a thunderstorm. I thought, well, you know, maybe the Moose Lodge is really having a big to-do tonight or something. I barely hear them once or twice a year. This rattled my windows. Another big concern of mine is I've never been to a wedding before that didn't have alcohol. I don't know if that's good or bad, but it's a fact. When people drink, they do things that they normally don't do, and I've witnessed that in the past, and that concerns me living in a neighborhood that we live in that has children in it, uh... we we bought this house in this neighborhood because it was a quiet place it's allowed us to travel and have a quiet place to come home to but obviously not so much anymore uh... especially if there's going to be a total of forty eight events that could possibly have this kind of noise in the evenings i just again would have to say i would uh have to oppose this and um hopefully it resonates with everybody else one more thing i've noticed also that most of the people that have stood up for mimosa farms don't even live in the neighborhood which i find really kind of ironic but uh hey that's the way it goes thank you thank you

Next is Sharon Barrett.

Hi, my name is Sharon Barrett. I live at 2301 Mosley Drive. Mimosa Farms' original application for a conditional use permit was amended to include the plan to build a road from Mosley Street to the property. The proposed roadway is a city-owned right-of-way between 2332 and 2300 Mosley Street. On one side of this right-of-way is a single-family residence, and on the other side is a triplex apartment building. The right-of-way and green space is currently an area where neighborhood children play. The creation of a road here would only serve to transfer the traffic problems from the quiet, established neighborhoods on Chase and Alton to Hopeman Station, which is also a quiet, well-established, and much more densely populated residential neighborhood. Approximately two weeks after submitting the conditional use permit application, the owner of Mosley Farm arranged to be interviewed or filmed by American Dream TV for broadcast on HGTV, the Travel Channel, and streaming platforms. By seeking national exposure, it would certainly seem that there are plans to expand exponentially, especially given the owner's background in business development, sales, and marketing. It is my hope that the members of the Planning Commission will ask themselves how granting this conditional use permit, along with the construction of a new road off residential street, would in any way support their mission statement of improving the quality of life in existing neighborhoods. There are literally hundreds of people living in the neighborhoods surrounding Mimosa Farm who will be directly impacted by increased traffic and noise from this venue. Should their quality of life be undermined in order to satisfy the commercial interest of one individual who chose to develop an event venue on RS-12 zoned property? If the Planning Commission does vote to approve the conditional permit from Mimosa Farm, I feel that the number of events should be capped at well under 100 per year, with well under 100 guests per event, with no construction of additional entrances, exits or roads, at least not through the neighborhoods. and that a provision would prohibit any further request or appeals to increase the number of events, guests, or access points at a later time. Thank you for your consideration.

Next is Therese McIllner.

Sorry about that.

Hello, I'm Theresa Milner.

I'm at 137 Brandon Ladd, Waynesboro. I am a neighbor, even though I'm not a direct neighbor in the neighborhood. I would like to support Mimosa Farms. Jill has been helpful in trying to train me to be able to do event planning. It's a business I'm trying to start, not on her property, but outside here in Waynesboro area. So she's been training me and working with me and sorry, I'm very nervous. So I'd like to address some of the concerns. One is parking at the events I have been at. She has gentlemen who make sure that they're at the entrance down at the bottom and they direct traffic up to where parking supposed to be. And then she has somebody up there who directs them where to park and make sure they park when she does valet. That person takes the keys, takes that car, moves it to the back of the house. For Jill Policing, she has been really good about policing her own policies. Anything you put into place, I guarantee you Jill will be diligent to police it. And I say that because I have heard Jill speak to her guests who were a bit loud and when she put them in their place and let them go home. She wasn't thinking about the money. She was thinking about the respect for her property. 52 meetings for heavy hearts. I go to this grief support group. I understand that some people are concerned that it might not be 52 and other events might take its place. We have missed one grief support group and that was so Jill can have her open house yesterday so the community, her neighbors could come see her property. However, Jill invited us to come in and still meet if that's what we chose to do. The only reason we missed was so that her neighbors could come. Us not meeting is not something that's gonna happen because heavy hearts is just as important to Jill as it is to the rest of us. When my family moved here from California, this was a hard and difficult move. We left all our family, and my mom died shortly after. So I was really sad, and I had a really hard time, and I didn't have a support system. However, these people in the support group, these people at Mosa Farms, they helped me get through that grief and that sadness. One time Jill asked me, what's a good restaurant these people are asking me a restaurant to go to? And I suggested something in Stanton because it's one of my favorite restaurants. I think it's a great restaurant. And she said, absolutely not. It has to be something in Waynesboro. Jill will never, ever suggest anything outside of Waynesboro because this is her home. This is our home. This is something we want to build up. Not only is it her home, she cares about the community. She cares about the people. She cares about the service in this area. She cares about the kids in the neighborhood. She cares about the people who live next door to her.

30 seconds.

Thank you. And I just want to say I did attend a wedding at Jill's where there was absolutely no alcohol. Thank you.

The next person signed up to speak is Daniel Long.

good afternoon chair vice chair members of the commission my name is daniel long i live at 518 winding way waynesboro virginia i'm in the charleston park development right behind this property i'm actually relatively new to this community my wife and i moved here in 2024 shortly after we discovered we were going to have our first child and i have a 20-month-old daughter right now who my wife's at home with probably trying to get to go to sleep And so really the reason why we chose this community is because it's quiet, it's peaceful, and it's safe. And I think all three of those things are being jeopardized by this potential special use permit, if we're all being honest. But the chief concern here is really safety. So I've reviewed the special use permit, the proposal. It's 100 events per year. So that's two events per week that are allowed. Every event can last from 9 a.m. to 10 p.m. And while 100 people is the maximum amount, like the maximum capacity, it's actually closer to 500 can go, and she says that in her application, is that it can be upwards of 500 people who actually attend these events. It's just the maximum capacity is 100. um and the other thing about that i just wanted to raise for the committee's attention and something that you all could actually do if you pull out your phones right now is i visited the most of the mimosa farms website there's a specific section on there about weddings this is about weddings if we're all just being honest i also looked at the google reviews six out of the ten photos that i saw on there were of a bride and a groom so So, I mean, if we're all being honest, I understand that we've heard a lot of testimony about the special hearts event. I think that's a great cause. I also question whether you even need a special use permit for that. I'm actually an attorney. I've done some local government work. i'm not even sure that honestly she would even need a special use permit if that's really all she wanted to do this is about weddings and even if we lop it down to 48 events that's 48 weddings throughout the course of the year that's almost a wedding every single weekend with loud noise and there's been a lot of talk about alcohol. The reality is that the applicant wants to serve alcohol at these events. It's specifically in the application. It says that she wants to have, there's a section in there about ABC services. So again, people are going to be at these events. They're going to be serving alcohol. And the reality is I see, I drive through this community every day on my way home from work. There's kids all over the roads. There's actually a basketball hoop along the road that you enter into that faces the road. so kids are playing basketball in the road. And the only way in and out of this place is through a residential neighborhood. Even if you build the road on the other end, you still have to go out, a residential neighborhood. One of my favorite events here is Halloween. We count how many trick-or-treaters we have every single year. I think we had about 100 the first year I got here. I think it was cold the next year, so we were down to around 80. But as this special use permit is worded, there could be people drinking at this place and driving home in the middle of Halloween. Is that really what we want? And so really, that's ultimately why I'm here. There are kids all throughout this community. I hope to raise my kids in this community. I'd like to think that my family are the type of families that Waynesboro's trying to attract. Thank you. And I just think that this is one of the best communities in Waynesboro, in my opinion, and this would essentially be nuking that community. Property values are gonna go down, there's gonna be noise, there's gonna be potentially drunk people driving everywhere. And so for all those reasons, I would just ask that the Planning Commission please deny the special use permit. This has nothing to do with the applicant. I'm sure she's a great person. But again, this is just about safety. Thank you. Thank you.

Next person signed up is David Lowe.

Good evening, David Lowe, 205 Mayfield Lane, Waynesboro. First of all, I want to say thank you for continuing to make an effort to listen to us. I know it's warm in here for you, and I just appreciate the effort that you're making to hear our concerns. 205 Mayfield Lane is in the Hopeman Station portion of this neighborhood. The property in question I would say is about roughly a quarter mile as the crow flies to our house. I was informed a couple weekends ago that the music that we were hearing at this location was coming from Mimosa Farms. And if that was true information, I would say that we definitely could hear the music and it made me consider maybe what some of the residents on the more directly adjacent properties were hearing. And I can understand their, especially their concerns. Also wanna say that I think this is the first time that I've been informed as to what takes place at Mimosa Farm. And I wanna say that I'm in support of a lot of what is taking place there already. And we'll look forward, I think my wife and I would look forward to meeting Jill and maybe taking a tour of this farm. I think it's a special and unique thing to have a farm right in the middle of a community. But farms are typically generally quiet. And that is one of my concerns that we not be that our quiet residential neighborhood is is overtaking with noise two weeks, two times out of the week, out of the year. Also concerning the the traffic, I do want to attest to what other people have testified to here this evening. My wife and I enjoy walks in the evening, our neighborhood, and we see lots of families out, lots of children on bikes. And I can understand also how that would be a concern. It'd be a concern of ours. Also, just if I was hearing the information correctly, I want to point out to the commission, if there are 50 parking spaces available on the property, if I was hearing that correctly, the math does not work out with 100-plus guests plus the staff. So also to the question of enforcement, which I appreciate the gentleman here bringing up and then also heard it referred to by some of the speakers here this evening, Proceeding enforcement is going to be monitoring and so my question like the lady behind me here brought up is how in the world do you monitor this? I do want to give Jill the benefit of the doubt and believe that she is the kind of woman that considers her neighbors. But I'm not even sure that that would be something that on an ongoing basis as this develops that she would be able to monitor. The city can't monitor it. And I'm concerned that it's going to cause an extra burden on the residents because it's going to be disruptive in and of itself if it's on the shoulders of the residents to monitor this activity. All right, that's all I have. Thank you. Thank you.

Just to kind of give everybody a touch point, we have five more speakers. The next signed up is Michelle Cummings.

Hi, my name is actually Brandy Michelle Cummings, and I live at 508 Bern Street, Churchville, Virginia. Good evening, my name is Brandy Michelle Cummings. I'm the founder and executive director of The Donation Station, an Augusta County non-profit. I'm not here because I want to argue about permits. I'm here because I want you to understand what Mimosa Farm means to people like me. When I first came to Mimosa Farm, I wasn't looking for a venue. I was looking for a place where people could get together, heal, and know that they weren't alone. As a wheelchair user, accessibility determines whether I can be included or left behind. I approached Jill with the idea of building a ramp, and before I could even worry about how we'd make it happen, she saw the need and got to work. There was no hesitation, no discussion about whether it was worth the expense. She simply saw a person who needed access and made sure it happened. that's who jill is she has never charged me a single penny to host at mimosa farm not once in fact it's been quite the opposite she has continually given more than she has received because she is a people person and she believes that people matter since october every single week i've had the incredible privilege of hosting heavy hard site snacks at mimosa farm week after week people walk through those gates carrying grief heartbreak addiction trauma and burdens that are far too heavy to bear by themselves they leave knowing that they're seen they're heard they're loved and that there will always be a seat at our table waiting for them i'm pretty sure that i've hosted more events at mimosa farms than anyone else we even held or we have held more than 50 heavy hearts light snacks meetings there along with my vow renewal this past june i also regularly attend events at mimosa forum so i have first-hand experience week after week just how much this place gives to our community Over the last several months, I've watched strangers become family. I've watched people who walked in unable to make eye contact leave smiling. I've watched tears turn into laughter. I've watched people who believed they had no one realize they had an entire table of people ready to carry them. I've watched hope return. And yes, I've watched lives be saved. When I say that, I'm not speaking in metaphors. This support group has literally saved lives. Each Monday, between 10 and 15 people gather around that table. Some are grieving. Some are battling addiction. Some are carrying trauma. Some are facing depression so deep that they don't even know if they can make it another day. And every Monday, they know exactly where they can go. They know that someone will be waiting, that someone will carry it. Tonight, we're talking about a special use permit if more than 20 people gather. I understand why regulations exist. I truly do. But I keep thinking about one question. What happens when 20 people are already sitting at that table and one more pulls up in the driveway? How do we tell that 21st person, I'm sorry, we've reached the limit? What if that person is having the worst day of their life? What if they finally found the courage to ask for help? What if Monday night was the difference between life and death? How do we tell them there's no room? Because to me, that 21st person isn't just a number. That's someone's child, someone's spouse, someone's parent, someone who matters. Mimosa Farm has never been just a venue. It's a refuge. It has been a place where people feel seen and feel safe, a place where people are loved without conditions, a place where they remember that tomorrow is worth seeing. I respectfully ask that you see Mimosa Farm the way I do, not as a property, not as a permit, but as a place that has quietly changed lives week after week, expecting nothing in return. Communities don't become stronger because of buildings. They become stronger because of people willing to open their hearts and their doors. That's exactly what Jill has done. Please keep ensuring that she can do that.

Thank you.

Next is Thomas Fortune. Okay, next is Cindy Bowles.

Good evening. My name is Cindy Bowles. I live at 548 Winding Way with Jeffrey over there. He didn't want to stand up here with me. I would like to go on record as saying the party two weeks ago, I didn't call the police because I said, well, Jill's just having a party. I didn't realize until the next day that these are paid parties and there's going to be 100 of them. The noise was so loud, I could hear it over the TV and the two fans because, yes, I'm a woman of that age, over both of those. So it's a concern. My family chose to move to this neighborhood because it was a quiet, well-maintained community. Our neighbors take pride in their properties and the farm behind our home has always been a peaceful part of the landscape. We never imagined that an event venue would be placed in the middle of what has long been a quiet residential neighborhood. I travel weekly for work, and home is my sanctuary. It is a place where I come to rest, recharge, and spend time with my family. With more than 100 events proposed each year, there will be very little sanctuary left. for those of us who live nearby. The constant cycle of weddings, parties, and events would fundamentally change the character of our neighborhood and the quality of life that residents have enjoyed for years. We are deeply concerned about the impact this venue would have on our community. The prospect of hundreds of guests regularly traveling to and from events raises serious concerns about traffic, parking, and public safety. We are particularly worried about people leaving events after consuming alcohol and driving through our neighborhood streets. These are not concerns we should have to face in a residential community. The party held on July 11th gave residents a glimpse of what the future could look like if this permit is approved. The noise traffic and disruption experienced that evening reinforced many of the concerns that neighbors have been expressing. If a single event created that level of disturbance, it is difficult to imagine the impact of more than 100 events per year. We are also concerned about the effect this venue would have on families with young children, older residents who value the peace and quiet of the neighborhood, and animals that are part of our community. Increased noise, traffic, lights, and activity would affect far more than just the properties immediately adjacent to the venue. Property values are another significant concern. Many of us have made substantial investments in our homes because of the peaceful residential nature of this area. It is unfair to ask homeowners to bear the consequences of a commercial event business operating in the midst of our neighborhood. At the heart of this issue is the fact that an entire community should not be expected to sacrifice its peace, safety, and quality of life so that one property owner can profit at the expense of surrounding residents. We respectfully ask that the interests of the many families who call this neighborhood home be given greater weight than the financial interests of a single applicant. For all these reasons, we respectfully urge you to deny the special use permit for Mimosa Farms. I brought props. I didn't know if anybody had been out in the neighborhood, and so I wanted you to see my property, how I'm impacted. This is why we bought our house right here. Can I bring them up?

Can I give them? Give them to us, and we'll make sure they get them. Thank you.

I mean, I'm close enough that I asked him today, how far have you feed it? He said, well, I could hit a wedge through our house. We're that close to all of this.

So we would ask you to deny. Thank you.

Thank you.

The next person signed up to speak is Cadence Campbell.

My name is Cadence Campbell I live at 201 Loudon Avenue in Waynesboro I recently moved there before that I did live in the neighborhood where Mimosa Farm is I have a connection of being a neighbor I also work on Mimosa Farm Jill when I was starting my business she helped me she is that kind of person the kind of person that looks out for other people in that aspect she looks out for her neighbors there have been times that there have been things on the farm or a couple has wanted certain things certain or specific for their wedding and she said we can't do that because that would impact our neighbors. She thinks of others. In that regard, I understand that there's a concern for safety. I don't think that you can have a concern about there being more traffic and things, and she has a resolution to it, and then you don't like the resolution. She's trying to solve the problems, and I think that that should definitely be taken account of. Yeah, thank you.

Thank you.

And the last person we have signed up is Katie O'Donnell. who may not be here.

All right.

And then I just want to say one other thing, just to round out the public hearing. The Planning Commission, and as part of the record, we have included every email letter comment received so far. I have received three additional letters that came in after five, and we will add those to the record. I'm not going to read them right now. There are three separate emails. And it looks like they're all three in support, but we will add those to the record. Thank you. I also wanted to point out that the applicant has given us a petition of some signatures, and that just came in at the beginning. So we'll make sure to include that as part of the record and share that with you all. So I just wanted to make sure you knew of the pieces that had yet to be seen. and is the that's uh just the general petition in support yes general petition and support it lists like names addresses a support neighborhood whether they're a resident or not and some signatures and approximately you have a guess is that approximately how many signatures are on there 18 19 20. like 30 total

thank you all right and then I don't know if the applicant would like to come back up and address anything we get we always give applicants an opportunity to address public comments you don't have to but you're welcome to do so if you'd like to

When I first applied for the CUP, I was asked by the people that work for the city, how do your neighbors feel about this? And I said, oh my gosh, I have a great relationship with my neighbors. I think it's perfectly fine. I think they'll be thrilled. I've had one neighbor's daughter get married there. I've had others utilize my business for other reasons. I was genuinely, genuinely blown away to hear some of the things that I've heard over the last four weeks or so. It's been a really tough thing to hear. At the end of the day, I have made several changes to my application to try to accommodate the things that I've heard from my neighbors. But it is my business and it is what I retired to do. And I hope that you'll listen to everything that you heard tonight, the facts and take a good look at the application and take a look at the way that I've run the business for the last six years. and take that into account. Thank you.

Thank you. All right. With that, I'm going to close the public hearing for the conditional use for permit as set forth on the agenda. Do we have comments? Do we have motion? Well, no, we're public. Yeah, public. We've ended the public hearing. We're gonna make whatever comments we're gonna make. You guys will have an opportunity to address City Council with any feedback you have about anything we have to say anything the African has had to say. But this is our time to say our piece and we're we're gonna let it be.

I'd like a little more information on that.

Are you looking for other comments?

Well, if nobody has a comment, then it's probably time for a motion. My observations are, I think there are three things going on here, really. The first is the grief group thing. The second is the existing use. And the third, and I think it strikes me that the thing that most people are concerned about July 11th accepted is a potential for growth. We do not, I think people make the mistake of thinking that our job is to sit up here and dictate the terms of how Ms. Wallace can use her property to her. And we do not have the power to do that. We are empowered to recommend the city council approve or deny the existing application. I would suggest to you, I think that there is, it strikes me that there is a compromise to be had here that addresses a lot of the concerns. Maybe there is, maybe there isn't. Maybe I'm an optimist. I would encourage you to try to have these productive discussions with your friends and your neighbors to reach that compromise and maybe try to convince her to modify her application to address the needs before it goes to city council we cannot tell her 100 is not okay but 50 is okay we have to vote on the application that's before us so i just want to before we have any motions or if we talk any further about this i just want to you know that we don't have the ability to tell her what she can and can't do on her property we have the ability to consider the application that you've all heard about that we've we've got before us here today so those are my observations for whatever they're worth

I think Mimosa Farms has been doing some great things. I mean, the grief groups I think is fantastic. I think it's great to give people that need that a place to go. But there's something else going on here on this noise thing. I asked about her or I didn't really get a good good answer there. But like I mentioned I talked to neighbors and these were not a list of neighbors that. So I said you need to talk to this person to this person not just. My wife and our camp in this week at Shenandoah acres. and i thought this is important enough where i want to come into town this long drive you know 10 miles but i want to come into town i want to talk to some people so i spent an afternoon a couple days ago knocking on doors and like i said everybody talk brought up the noise I know baby showers, there's not going to be a lot of noise. Grief groups, there should not be a lot of noise. But there's something making noise at Mimosa Farms. What it is, I don't know. So I just have a problem with this. And then the traffic things. You know, something's going on here, and I think maybe a compromise can be reached. But I can't vote to approve this based on the information I have right now. and i just like i said i just learned about this a couple days ago and the people i talked to some of them knew more than i knew about it the one lady i talked to said that she made an application or amendment to put in an entrance here across from my house i'm thinking well that's news to me i didn't know that i haven't seen that and i got and looked at my my packet again it didn't say anything about that and of course i think yesterday i got the revised packet But this lady knew before because they put up these signs for a conditional use permit. One's a small sign at the end of a dead end road that very few people would see. Then the other one is on this right away. on another can remember the name of the road was mostly mostly I'm not I don't know why I got it but whatever and it's there and she called the city on that base on those signs and the first time she called him there wasn't any mention about this additional interest right away but I when I'm not going to door and talk to her she just called i guess in the last couple days and that's when she got informed about it so anyhow this is all new to me and i heard a lot of complaints on noise so i don't know but there's something making a lot of noise over mimosa farms and that that's almost it i think um

we have a duty and and i'll speak to what the chair said to examine what's presented to us and and before us and the staff did a a outstanding job compiling the information for us to review working with the applicant amending the application So I depend heavily on staff in these cases to ensure that we have what we need to make a decision. There was some things said that I'll talk to staff later about some ordinance or code violations. I'll ask those questions later. But as presented, I think it's important I'm in a situation where if this passes or if it doesn't pass, I'm fortunate enough to hear it again. As my colleagues don't have that, I understand that and I realize that. But again, as presented by the staff and what they've presented, then I don't see where I could say no.

Steph, the CUP would be conditioned on, as it's presented, would be conditioned on following the noise ordinance. Is that correct?

That is correct, yes.

So leaving aside the potential issue of enforcement, which I recognize is an issue, if there was a substantiated noise ordinance violation at that location, the CUP could be revoked, again, leaving aside the potential for what that process might be.

Yeah, and I will be happy to make sure I clarify that process before city council. So we will make sure that everybody's aware of what that process is. But yes, that would be one of the violation. I don't know if the revocation is just one and done or if it would be some kind of process, but I would assume, yes, we would tally that as in violation of the condition. But I will be clear to get that process and what it looks like for you or before council.

And to follow on the chairperson's comments on that, I would just like to know also in addition to how the process works is then subsequent possible causes for other violations or other actions against the landowner if violations were to continue after an ordinance has been breached i think that that process plan and enforcement protocol um and maybe that looks like working with community landowner and staff to make sure that that process and those

enforcement steps are appropriately laid out in a way that Yeah, I mean I can tell you how it ends it ends with people getting summons to district court okay, so I mean that's no because I see him because many of you don't know this I'm an attorney so So that's the eventual ordinance, some ordinance violation.

Yeah, I mean, if revoked, I don't know if we have the ability to then do a fining process. Right. I'd have to check into all that, but eventually, yes.

Eventually, the eventual outcome of repeated ordinance violation can be criminal.

I'll make the motion that's prepared in the summary sheet. I move that we approve the application with the following conditions as set forth by staff and might be appropriate for a roll call vote.

All right. I'm gonna add to your um or make the suggestion to staff that before that when this comes to council, I think it might be wise to have clear information about info, both enforcement and potential remedies.

Yes. Could that be set as a condition of the approval of the application?

So, I think that, you know, as the Planning Commission, you are voting on the application.

Correct.

You can certainly recommend additional conditions that you think Council should consider. I think that what I'm hearing from Chairman Flory is it's kind of an additional thing that he's suggesting or saying that the planning commission would be recommending that staff evaluate so that in our presentation and in our communications to council, we're very clear and the public is then clear about what the revocation process looks like. And I'm sorry, I don't have that in front of me and would need to consult legal counsel about that.

As usual, I was not clear, but you understood what I meant. Thank you. Yeah, of course. All right. We have a motion on the floor. Do we have a second? All right, we're gonna do a roll call vote. Roll call vote. Mr. Gibson? Aye. Mr. Klein? No. Myself? Aye. Mr. Stewart? Aye. Mr. Lee? Aye. Ms. Keller?

No.

All right, the motion carries. The motion on the table carries 42.

And just so everyone's clear, this is another public hearing. The same process will happen again before city council. And that is currently planned for their first meeting in August, which is August 10th. Is that correct? That it is the first meeting in August? Yeah. So they have a meeting next week. It's not that one. It would be August 10th. and it'll be in this room, and they will make the final decision. So this recommendation will go to them, but the final decision is city council's. And also to be clear, when I speak about the record, we're continuing to build the record, so certainly if there's additional comments or feedback that you wanna provide, it's extremely helpful if you send them to the planning email just so we can keep them all compiled you can certainly copy everyone and your city council members but if you if you think to do that it's helpful if you also copy the planning email so we can make sure none of them get lost um but so seven o'clock same as same as tonight

All right. Um, with that, we're gonna move on to the next item on our agenda. I would ask you don't know, but you don't have to stay. If you're gonna get up and leave, you can get up and leave quietly. We have one more item on the agenda. If you want to hang out for a minute, public comment period for items not on the agenda as anybody here would like to speak about something that's not on the agenda. All right. Hearing none. We're gonna move on to matters from staff.

Um, I do not have anything.

All right, moving on, we're going to have commissioners, correspondence and communication. Do we have any correspondence and communication? Hearing none, do we have a motion?

I move that we adjourn.

All in favor say aye. Aye. Any opposed? Hearing none, we adjourn.