Williamsburg Planning Commission tables text-amendment and special-use permit after parking concerns

The Williamsburg Planning Commission on Feb. 26 tabled two related items — a proposed text amendment to allow “private educational facilities” in the B-2 zoning district (PCR 24-036) and a special-use permit for 515 York Street for Bender Conservatory (PCR 24-037) — after staff said the site lacks guaranteed parking and the applicant has not provided a City Attorney–approved parking agreement.

The Commission’s action followed a staff presentation and a discussion that focused on parking capacity, the revocability of off-site parking agreements, and building occupancy limits under the Virginia Statewide Building Code. Ms. Griffin, the planning staff presenter, recommended approving the text amendment as a change to the zoning map/ordinance but recommended denying the special-use permit for 515 York Street because the site did not meet criterion 6 for special-use permits: the proposed use could discourage appropriate development of adjacent properties due to inadequate parking.

Staff told commissioners the building at 515 York Street would use roughly 1,121 square feet for recitals and related assembly use and that the site provides seven on-site parking spaces; staff’s arithmetic showed the B-2 parking requirement applied to this assembly use would require 11 spaces (staff also referenced an occupancy limit of 25 under the Virginia Statewide Building Code). Ms. Griffin said the applicant supplied two off-site parking agreements (two spaces at a nearby “Nurturing Hearts” facility and two at a flats property across York Street), but both agreements were revocable at any time and did not include the revisions suggested by the City Attorney’s office.

Commissioners raised safety and practical concerns about asking attendees to cross York Street from the off-site spaces and about relying on revocable parking agreements. Chairman Boswell said he did not think the applications should be approved in their current form and proposed tabling both items to the next meeting to give the applicant an opportunity to secure a firm parking agreement approved by the City Attorney. Commissioner Hamilton and others agreed that tabling as a package was preferable to approving a text change that could apply elsewhere without resolving the site-specific parking issues. The commission then voted to table both items; the recorded ayes during the tabling vote were Mr. Hamilton, Mr. Charley, Mr. Boswell and Mr. Phillips.

The applicant, Mr. Bender of Bender Conservatory, was not present at the meeting; no members of the public spoke during the public forum on these items. The staff presentation noted the B-2 zoning district is intended for vehicle-oriented commercial and service uses on heavily traveled collector and interior highways and that private and public educational facilities — elementary, middle, high schools and colleges — are already allowed by special use permit in other contexts. The proposed text amendment would add “private educational facility” as a use permitted by special use permit in B-2 if the Commission and, later, City Council approve the change.

Clarifying details from the record: staff identified the site as 515 York Street and said the building previously housed a boxing gym and earlier retail uses; staff counted seven on-site parking spaces and estimated required parking at 11 spaces for the proposed assembly use. Staff cited an occupancy limit of 25 for assembly use under the Virginia Statewide Building Code. Staff also reported receiving two off-site parking agreements that were revocable and that the City Attorney requested revisions which the applicant had not provided. The Commission directed that any off-site parking arrangement be non-revocable or otherwise acceptable to the City Attorney before the special-use application could proceed.

Next steps: Both PCR 24-036 (text amendment) and PCR 24-037 (special-use permit for 515 York Street/Bender Conservatory) were tabled to the Commission’s next agenda. The Commission requested a firm parking solution reviewed and approved by the City Attorney (and noted possible referral to City Council where relevant) before any recommendation to approve the special-use permit is returned.