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Commission recommends withdrawal from Barn Swamp AFD and approves Niceland Farm event venue with conditions
Summary
The Planning Commission voted to recommend withdrawal of 14.81 acres from the Barn Swamp Agricultural and Forestal District and to recommend approval of a special-use permit for Niceland Farm event venue and a tourist home, setting a 360-person occupancy cap and conditions addressing buffers, road widening and stormwater.
At its Oct. 2 meeting the James City County Planning Commission voted to recommend two separate actions to the Board of Supervisors related to Niceland Farm: a recommendation to withdraw approximately 14.81 acres from the Barn Swamp Agricultural and Forestal District (AFD) and a recommendation to approve a special-use permit to operate an event venue and tourist home at 9812/9908 Old Stage Road.
Planning staff presented the application on behalf of property owner David Niesen, describing a 14.81-acre project area currently in the Barn Swamp AFD. Staff said the proposal—centered on an existing, renovated barn and outdoor spaces including an orchard, pond and repurposed grain silo—would meet several rural-lands performance standards but does not meet all criteria in the Board’s policy governing AFD withdrawals; staff therefore recommended denial of the AFD withdrawal but recommended approval of the SUP to the Board with conditions. Key proposed conditions included preserving a 75–80-foot vegetation buffer along Old Stage Road, limiting maximum event occupancy to 360 (including staff and vendors), requiring certain parking and a road-widening element on Fire Tower Road, and on-site stormwater quality treatment.
Supporters, including consultant Steve Romeo, said Fire Tower Road (posted 25 mph) is a safer point of access than Old Stage Road (posted 50 mph) and praised the renovation and preservation approach. Owner David Niesen described agritourism elements such as a lavender field and orchard and said the family intends to keep the remainder of the farm in the AFD.
A neighbor, Sharon Seltzer of Fire Tower Road, testified she was not opposed to the venue in principle but raised concerns about traffic (staff estimated peak hour trips at 94, close to the 100-trip threshold that would trigger a traffic impact analysis), late-night music and light pollution, and whether a buffer would protect nearby homes.
Commissioners debated the public-purpose and policy considerations of an early withdrawal from the AFD versus the operational benefits of an SUP with strict conditions. Commissioner Polster moved to recommend approval of the AFD withdrawal limited to the 14.81-acre area; that motion carried on roll-call vote (Haldeman Aye; Polster Aye; Rogers Aye; Everson Aye; O'Connor Aye). The commission then voted to recommend approval of the Niceland Farm special-use permit, with staff conditions including the 360-person occupancy limit. Both recommendations will be forwarded to the Board of Supervisors for final action.
The record and staff packet include specific proposed conditions (noise and lighting controls, buffer preservation, road improvements and stormwater measures) and the county will rely on complaint-driven enforcement and site-plan review to monitor compliance.
