[00:00:01]
[I. CALL TO ORDER]
A SEVEN O'CLOCK.I WOULD LIKE TO CALL A MEETING, REGULAR PLANNING COMMISSION MEETING FOR WEDNESDAY, WEDNESDAY, JULY 21ST, 2021 TO ORDER.
[II. ROLL CALL – DETERMINATION OF QUORUM]
DO A ROLL CALL AND, UM, THAT'S CHAIRMAN JONES, UH, PRESENT COMMISSIONER GORDON HERE, COMMISSIONER MERCHANT COMMISSIONER INGRAM HERE.[III. APPROVAL OF MINUTES]
APPROVAL OF THE MINUTES OF THE MEETING OF JUNE 16TH, 2021, THEY HAVE BEEN DISTRIBUTED.AND, UM, UH, IF THERE ARE ANY QUESTIONS OR ANY, UM, CONCERNS, UH, WE COULD LIFT THOSE UP AT THIS TIME.
MR. CHAIR, I MOVED THAT THE MINUTES OF JUNE 16TH, 2020, ONE OF THE FRONT ROW PLANET COMMISSION BE APPROVED AS SUBMITTED.
SECOND IT'S BEEN MOVED AND SECONDED.
UM, WE, UH, I GUESS WE CAN DO THAT WITH THE VOICE VOTES ALL IN FAVOR OF THAT, JUST SAY, AYE.
[IV. CITIZEN COMMENTS]
WE HAVE A TIME FOR CITIZEN COMMENTS ON ANY SUBJECT.SO IF WE HAVE ANYBODY HERE THAT WOULD LIKE TO BRING UP SOME ISSUE, OTHER THAN WHAT WE ARE IS ON OUR AGENDA, WE WOULD BE GLAD TO ENTERTAIN THAT AT THIS POINT.
I DON'T SEE ANYBODY RUSHING TO THE MICROPHONE.
[V. PUBLIC HEARINGS]
THE NEXT ITEM IS A PUBLIC HEARING AND, UM, IT'S A SPECIAL USE PERMIT APPLICATION NUMBER F R S P U 2 6 5 5 DASH 2 0 2.ONE SUBMITTED BY PHILLIP VAUGHT REQUESTING A SPECIAL PERMIT TO OPERATE A FIVE BEDROOM BED AND BREAKFAST AT 1 24 LURIE AVENUE LOCATED IN THE RESIDENTIAL DISTRICT ARE ONE.
NOW IF MR. ROCKWOOD, YOU GIVE US SOME BACKGROUNDS AND ADDITIONAL INFORMATION ON THIS.
IT IS 1 24 LURIE AVENUE, UH, PROPERTY OWNERS VAULT REAL ESTATE, LLC.
IT IS OUR THREE RESIDENTIAL DISTRICT.
THE POWS USE BED AND BREAKFAST, FIVE BEDROOMS, A TAX MAP NUMBER IS LISTED THERE.
THE PROPERTY IS LOCATED ON THE SOUTHEAST SIDE OF LURIE AVENUE BETWEEN WEST JACKSON STREET AND NORTHEAST AND KILBY DRIVE TO THE SOUTHWEST.
THE PROPERTY HAS DOUBLE FRONTAGE ON LORAY AVENUE AND KILBY DRIVE.
UM, IT SHOWS UP HERE ON THE MAP, UM, LURAY AVENUE, WEST STONEWALL KILBY DRIVE.
UH, IT SHOWS THE ZONING DISTRICT IS THE MAP BELOW PICTURED IN YOUR PACKET.
UM, THE PACKET HAS, UH, THE SPECIAL USE PERMIT APPLICATION AND THE PLAT, THE LETTER OF INTENT AND, AND, AND THE SITE DEVELOPMENT PLAN.
UH, THE ZONING NORD INS ESPECIALLY USE PERMIT APPLICATION PROPOSES THE USE OF A SINGLE FAMILY DWELLING RESIDENCE LOCATED AT 1 24 LURAY AVENUE IN THE R THREE RESIDENTIAL DISTRICT AS A FIVE BEDROOM BED AND BREAKFAST.
THE STATEMENT OF INTENT OF THE ARTHUR RESIDENT DISTRICT AS SET FORTH IN THE FRONT ROYAL ZONING ORDINANCES AS FOLLOWED THE R THREE RESIDENTIAL DISTRICT IS COMPOSED OF MEDIUM TO HIGH DENSITY.
CONCENTRATIONS OF RESIDENTIAL USES THE STANDARDS FOR THIS DISTRICT ARE DESIGNED TO STABILIZE, STABILIZE, AND PROTECT THE ESSENTIAL CHARACTER OF THE AREA.
SO DESIGNATED AND TO PROMOTE AND ENCOURAGE INSOFAR AS COMPATIBLE WITH THE INTENSITY OF LAND, USE A SUITABLE ENVIRONMENTAL FOR FAMILY DESIRING THE AMENITIES OF APARTMENT LIVING AND THE CONVENIENCE OF BEING CLOSEST TO SHOPPING EMPLOYMENT CENTERS AND OTHER COMMUNITY FACILITIES.
DEVELOPMENT IS THEREFORE LIMITED TO MEDIUM TO HIGH DENSITY CONCENTRATIONS AND PERMITTED USES ARE LIMITED TO SINGLE FAMILY TO FAMILY AND MULTI-FAMILY DWELLINGS PLUS SELECTED ADDITIONAL USES SUCH AS SCHOOLS, PARKS, CHURCHES, CERTAIN PUBLIC FACILITIES, ZONING, AND SURROUNDING LAND USE.
UH, BASICALLY ALL THE AREAS AROUND IS
[00:05:01]
EITHER ARE ONE OR OUR THREE.I WON'T GO INTO THE WHOLE, UM, READING OF IT.
THE TOWN, UH, TOWN COMP PLAN, THE PROPERTY IS, IS IN THE VISCO CITY PLANNING AREA, WHICH CONSISTS OF SEVERAL ZONING DISTRICTS, SMALL CLUSTERS.
FUTURE LAND USE CHAPTER SHOWS THE PROPERTY OF REVIEW BEING LOCATED IN THE VISCO CITY PLANNING AREA.
AND YOU CAN LOCATE THE, OR LOOK AT THE FISCAL CITY PLANNING AREA, FUTURE LAND USE MAP
UM, SO ON PAGE SIX IS, UH, FINDING AN ANALYSIS.
THE PROPOSED SPECIAL USE PERMIT APPLICATION IS TO OPERATE A FIVE BEDROOM BED AND BREAKFAST IN A SINGLE FAMILY DWELLING AT 1 24 LORAY AVENUE.
THE PROPERTY IS ZONED R THREE AND IS 0.51 ACRES.
THE PROPOSED USE OF B AND B WOULD CHANGE THE USE OF THE PROPERTY AS A SINGLE FAMILY DWELLING TO A DWELLING WAS WITH GUESTS OCCUPYING A ROOM AT ANY TIME.
HOWEVER, THE RESIDENTIAL LAND USE SINGLE FAMILY DWELLING IS CONSISTENT WITH THE USE OF THE JOINING PROPERTIES ACROSS THE LURAY AVENUE AND DIRECTLY A BUDDING PROPERTIES, WHICH ARE PRIMARY RESIDENTIALS.
IT'S 1 75, 1 0 7 COVERS THE BED AND BREAKFAST USES IN RESIDENTIAL ZONING DISTRICTS BY A SPECIAL USE PREVENT A MINIMUM LOT SIZE FOR BED.
AND BREAKFAST IS 1.5 ACRES AND IS ASSOCIATED WITH USES IN SUBS, SUBSECTION H, WHICH IS BASICALLY EVENTS, WEDDINGS, AND SO FORTH ON THE PROPERTY.
A MINIMUM LOT SIZE WHERE A BED AND BREAKFAST WITH NO ASSOCIATION USES IS 0.5 ACRES.
UM, STAFF RECOMMENDS ITS USE IN SUBSECTION H, WHICH IS THE EVENTS AND WEDDINGS ARE NOT PERMITTED BECAUSE A LOT SIZES 0.5, ONE ACRES.
THE MINIMUM NUMBER OF GUESTS ROOMS SHALL BE SIX FOR BEN BREAKFAST WITH LOTS SIZES OF 1.5 ACRES OR GREATER.
THE MAXIMUM NUMBER OF GUESTS ROOM SHALL BE THREE FOR THE BED AND BREAKFAST WITH LOT SIZE 0.5 ACRES TO 1.49 ACRES STAFF COMP COMMENTS, THE NUMBER OF GUESTS ROOMS PER VENDOR.
AND THIS PROPERTY IS LIMITED TO THREE BECAUSE OF A LOT SIZE OF 0.5, ONE ACRES, UH, C NO PROVISION SHALL BE ALLOW FOR COOKING IN INDIVIDUAL GUESTS ROOMS. UH, THE APPLICANT HAS NOT STATED ANY INTENT TO PERMIT COOKING.
UH, PARKING SHALL BE PROVIDED AS TWO SPACES FOR RESIDENTS.
ONE SPACE FOR GUESTS ROOMS AND SPACES FOR ASSOCIATE USES AS DETERMINED BY THE PLANNING COMMISSION TANDEM OR STACK PARKING ARRANGEMENTS MAY BE APPROVED.
PARKING FOR ASSOCIATES USES MUST BE PROVIDED ON SITE STAFF COMMENT PLAN DATED SIX 17, 2001 PREPARED BY BROGAN LAND SURVEYS SHOW SIX OFF-STREET PARKING SPACES IN ACCORDANCE WITH DESIGN STANDARDS IN THE TOWN CODE CHAPTER 1 48, ARTICLE EIGHT, THE PROVISION OF THE REQUIRED PARKING AND THE TRAFFIC, UH, CREATED DO THIS.
YOU SHALL NOT ADVERSELY IMPACT THE ADJACENT RESIDENT AND JUICES STAFF COMMENTS.
ALL PARKING IS OFF STREET AND DOES NOT BLOCK ANY IN E IN GRASS, EAT GRASS, PUBLIC OR PRIVATE, RIGHT OF WAYS AS SHOWN ON THE PLAT FURTHER, THE DRIVEWAY OFF LURAY AVENUE IS LIMITED TO ONE WAY ENTRANCE AND EXITS AND ACCESS TO PROPERTY IS ALSO AVAILABLE FROM 16 FOOT WIDE ALLEY.
THE EXTERIOR APPEARANCE OF THE STRUCTURE SHOULD NOT BE ALTERED FROM, FROM ITS SINGLE FAMILY CHARACTER, UH, STAFF COMMENTS, NO APPLICATION HAS BEEN MADE TO ALTER CHANGE OR RENOVATE THE EXTERIOR OF THE PROPERTY AND OR BUILDING STRUCTURES.
THERE, THERE ARE, THERE ARE, THE PROPERTY IS WITHIN THE FRONT ROW OF HISTORICAL DISTRICT.
EXTERIOR CHANGES MAY REQUIRE REVIEW OF THE, THE TOWN STAFF AND THE BOARD OF ARCHITECTURAL REVIEW SEPARATE FROM THIS APPLICATION, UM, ADEQUATE LANDSCAPING DISTANCES AND OR OTHER RESTRICTIONS OF HOURS OF OPERATION SHALL BE PROVIDED BUFFER.
THE ADJACENT RESIDENTIAL USES OF ANY FROM ANY NOISE OR LIGHT GENERATED BY THIS USE THAT IS EITHER UNFAIR, HEARD UNCHARACTERISTIC OF RESIDENTIAL NEIGHBORHOODS OR TAKES PLACE AT TIMES, UNCHARACTERISTIC TO RESIDENTIAL NEIGHBORHOODS, UH, STAFF COMMENTS, NO LANDSCAPING, DISTANCING, OR RESTRICTIONS OF OURS HAS BEEN PROPOSED BY THE APPLICANT.
THE PROPERTY IS SUBJECT TO REGULATION, SET FORTH IN TOWN CODE CHAPTER 1 0 6, NOISE ASSOCIATED USES ARE ALLOWED AND MAY PROVIDE, BUT NOT LIMITED TO THE, UH, CATERED EVENTS SUCH AS RECEPTIONS AND DINNER PARTIES PROVIDED AS SUCH ASSOCIATED USES DO NOT ADVERSELY IMPACT ANY ADJACENT RESIDENTIAL USES STAFF COMMENTS USE IT.
THE SUBSECTIONS ARE NOT PERMITTED BECAUSE THE LOT SIZE IS 0.5, ONE ACRES, C C STAFF COMMENTS AND SUBSECTION A, UH, THE OWNER MUST RECITE RESIDE ON PREMISES STAFF COMMENT.
THE APPLICANT HAS STATED HE INTENDS TO RESIDE ON THE PREMISES PER THE LETTER OF INTENT APPLICATION PER PROVISIONS OF THE UNIFORM STATEWIDE BUILDING CODE AND ALL OF THE LIVES LAWS, REGULATIONS, INSPECTIONS, AND LICENSES MUST BE MET.
[00:10:02]
UH, STAFF COMMENT, THE APPLICANT IS REQUIRED TO MEET THE, THE ABOVE WHEN HE SUBMITS A CHANGE OF USE APPLICATION TO WARREN COUNTY BUILDING INSPECTIONS, WHICH IS RESPONSIBLE FOR THOSE INSPECTIONS PRIOR TO ISSUING APPROVAL FOR THAT USE EACH BED AND BREAKFAST SHALL BE ALLOWED ONE, UH, PREMISE SIGN THE LOG LARGER THAN TWO SCORE.APPLICANT HAS NOT SUBMITTED ANY RENDERINGS FOR ANY SIGNS AT THIS TIME.
UH, THE OWNER MUST SUBMIT A PLAT OF THE PROPERTY SHOWING THE EXISTING CONDITIONS, LOCATION, AND PROPOSED PARKING STAFF COMMENTS THAT HAS SUBMITTED TO PLAT DATE AT SIX 17, 2021 PREPARED BY BROGAN LAND SURVEYING.
AND YOU ACTUALLY HAVE THE APPLICATION IN YOUR PACKET, A COPY OF THE SURVEY PLAT, UH, THE LETTER FROM MR. VAULT
I WOULD LIKE TO OPEN THE PUBLIC HEARING.
AND IF ANYONE HERE WOULD LIKE TO SPEAK ON THIS, UM, YOU CAN COME FORWARD AND PUT YOUR NAME, UH, AND ON THE, UH, THE, UM, PAD THERE.
SO WE KNOW WHO IS SPEAKING I MEAN, IT WAS PHILLIP VAUGHT, UM, 1, 2, 4 LURAY AVENUE.
UH, THANK YOU FOR YOUR CONSIDERATION.
UM, I THINK THE PACKET PRETTY MUCH SPEAKS FOR ITSELF.
THE ONLY THING THAT IS NOT IN THERE AS A RENDERING OF A SIGN I'D LIKE FOR THERE NOT TO BE A SIGN ON THE PROPERTY AS TO PRESERVE THE RESIDENTIAL FEEL OF THE NEIGHBORHOOD.
UM, BUT I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
ANY OTHER COMMENTS YOU COULD EXPLAIN TO ME, THE PLOT I'M LOOKING AT IS DATA IN 2011, AUGUST, 2011, PARTIALS.
AND I'M WONDERING IF YOU COULD EXPLAIN WHAT ACTUALLY IS WHAT 2021.
SO THAT'S A, THAT'S A VALID FLAT.
THE ONLY THING THAT MR. BERGEN I WAS ASKED TO ADD WERE, UM, ADDITIONAL PARKING SPOTS, WHICH HE WOULD, SHE WAS ABLE TO INDICATE ON THE PLAT.
THAT'S REALLY THE ONLY REVISION BLANK SCREEN, BUT I DON'T KNOW THAT IT'S ACTUALLY DOING A GOOD APPROACH TO ME AND SHOW ME WHERE THE PARKING SPACES ARE A LITTLE BIT.
SO HE'S PROVIDED A HANDICAP PARKING SPOT, FIVE ADDITIONAL PARKING SPOTS PURSUANT TO THE REQUIREMENTS FOR THE 2011 WAS UPDATED TO 2021.
CORRECT? I GUESS I WOULD BE INTERESTED IN SEEING HOW WE MIGHT JUSTIFY GOING FROM THREE TO FIVE, UH, PARKING PLACES THAT, UH, BECAUSE THE A HALF ACRE IS ONE OF THE, UH, I MEAN, SUPPOSED TO BE MORE THAN THAT, AND WE JUST BARELY MEET THE HALF ACRE REQUIREMENTS.
SO DO YOU FEEL THAT, UM, THAT, THAT YOUR PROPERTY IS STATIONED IN SUCH A WAY THAT IT IS NOT A PROBLEM HAVING FIVE? I APPRECIATE THE QUESTION.
UM, IF YOU CAN LOOK ON THIS MAP OR MAYBE IF ALFREDO CAN BRING UP, UH, ANOTHER GIS MAP, UM, I OWN THE ADJACENT PROPERTY, UM, TO THE WEST OF THE PROPERTY.
UM, THE SUBJECT PROPERTY, THE LOT BEHIND ME TO THE SOUTH IS A VACANT LOT.
UM, THE LOT TO THE, UM, LET'S SEE THE LOT TO THE EAST, UM, IS OWNED BY A FRIEND AND NEIGHBOR WHO SUPPORTS THIS, UH, UH, THIS BNB APPLICATION.
UH, AND THEN ACROSS THE STREET IS A LARGE CHURCH WITH A VACANT, UH, LARGE PARKING LOT.
UM, AND THEN, UH, IF WE CAN GO BACK, UM, THE SECOND PROPERTY THAT I OWN ON THE OTHER SIDE OF THAT, IT'S THE OLD WARREN COUNTY HIGH SCHOOL CURRENTLY THE SKYLINE MIDDLE SCHOOL WITH PLENTY OF ACREAGE.
[00:15:01]
I DON'T THINK I COULD BOTHER TOO MANY NEIGHBORS.ANY OTHER QUESTIONS OR COMMENTS? OKAY.
I'LL CLOSE THE PUBLIC HEARING THEN.
MR. CHAIR, I HAVE A QUESTION FOR THE DIRECTOR.
UM, THE APPLICATION FOR THE PROPOSED USE STATES, A BED AND BREAKFAST SLASH AIRBNB.
UH, WE DO NOT PERMIT AIRBNBS IN THE TOWN LIMITS, CORRECT? CORRECT.
WELL, AIRBNB IS AN ACTUAL COMPANY.
IT WOULD BE CLASSIFIED AS A SHORT-TERM RENTAL.
UM, AS FAR AS I KNOW, SO THAT'S WOULD BE, IT IT'S JUST THE TERMINOLOGY USED BY THE APPLICANT.
SO THE, UM, APPLICATION THEN FOR, UH, FOR, OR THE DIFFERENCE BETWEEN THE BED AND BREAKFAST AND AN AIRBNB, IS THAT A BED AND BREAKFAST AS GENERALLY A GUEST STAYS IN A, IN A SINGLE ROOM? OWNER-OCCUPIED CORRECT.
AND THEN THE OWNER, UH, OCCUPANT, UH, WHICH OCCUPIES A BUILDING ON SITE, THE OWNER HAS TO BE ON SITE, CORRECT? CORRECT.
GENERALLY SERVES BREAKFAST, WHEREAS IN A TRADITIONAL, UH, UH, AIRBNB SCENARIO, UH, WHOEVER RENTS THE HOUSE HAS THE FREE COOKS HER OWN FOOD.
HERE, HERE, A GUEST IS NOT PERMITTED TO CORRECT, UH, PREPARE THEIR OWN BREAKFAST IN THEIR OWN ROOM.
AND AGAIN, AIRBNB IS JUST A COMPANY THAT FACILITATES, RIGHT.
BUT WE DON'T PERMIT SHORT TERM RENTALS.
UH, AND THEN THE OTHER QUESTION BY, BY OUR CODE, THE APPLICANT HAS ONLY PERMITTED THREE UNITS YET THE APPLICATION IS FOR FIVE, CORRECT.
UH, THE APPLICANT REQUESTED FIVE.
UM, WE DID INFORM THAT BASED OFF THE CODE, UM, WAS THREE.
IT WAS THE MAXIMUM LESS, UM, PLANNING COMMISSION OR TOWN COUNCIL WOULD RECOMMEND.
YOU RECOMMEND, NO, I DON'T KNOW.
UH, IF, IF HE WERE REQUESTING OR EXPECTING TO HAVE FIVE, UH, UH, ONLY THREE, WE PROBABLY NOT.
WE WOULD NOT BE CONSIDERING THIS ISSUE, I BELIEVE, UH, MR. CHAIRMAN, UM, IT WAS MY UNDERSTANDING THAT WE CAN BE MORE RESTRICTIVE THAN KIND OF, BUT WE CAN NOT BE LESS RESTRICTIVE THAT WOULD NEED TO GO TO THE BZA.
SO TO GO FROM THREE UNITS TO FIVE AS NOT IN OUR PURVIEW.
SO I DON'T THINK THAT WE CAN CONSIDER FIVE.
I THINK THE MAX WOULD BE THREE.
WHAT, SO YOU'RE SAYING YOU CAN'T APPROVE IT BECAUSE THE PROCEDURAL, THE CORRECT PROCEDURE WAY IS FOR IT TO GO TO THE BOARD OF ARCHITECTURAL REVIEW OR WHAT, WHAT DO YOU MEAN BY BZA? UH, THE BOARD OF ZONING APPROVAL.
IS THERE ANY APPROVALS? UM, WE, YEAH, LIKE I SAID, WE ARE NOT ABLE TO BE LESS RESTRICTIVE THAN THE CODE.
UH, WE, WE COULD APPROVE SOMETHING MORE RESTRICTIVE THROUGH A PROFFER, UM, BUT WE DON'T HAVE THE AUTHORITY TO, OR TO MAKE THE RECOMMENDATION THEREOF.
I DON'T BELIEVE COUNCIL WOULD BE ABLE TO BE LESS RESTRICTIVE THAN, THAN CODE.
UM, WE COULD ASK A NON ATTORNEY IF THAT IS CORRECT.
JUST WANTED SOME CLARIFICATION.
NO, THE STAFF DOES NOT HAVE A RECOMMENDATION.
UM, WE HAVE A WEEKEND CONSIDER A MOTION IF SOMEONE WOULD LIKE TO MOVE ON THIS, IF THERE'S NO OTHER POINTS, UH, JUST AMUSE.
UM, WOULD ANYONE BE OPPOSED TO THREE UNITS? I MEAN, THAT'S IN THE CODE.
AND AS PERMITTED IN THE ZONE, I'M JUST NOT, I'M NOT DOING THAT AS A MOTION.
IF WE FEEL, UH, BY A SPECIAL USE THAT THIS USE IS APPROPRIATE FOR THIS AREA.
I I'VE WALKED BY THIS HOUSE MANY TIMES AND THOUGHT THIS WOULD BE A GREAT SPOT FOR A BNB.
UM, SO I AM DEFINITELY IN FAVOR.
I JUST, WE ARE TIED TO THREE AND CAN'T
[00:20:01]
GO TO FIVE.AND AGAIN, THE APPLICATION IS FOR FIVE.
SO IF YOU WANT TO MAKE A MOTION TO THAT, THE APPLICATION IS FOR FILE.
MAY I PROPOSE SO THAT WE TABLE THE MATTER? AND SO I CAN ADJUST THE, INSTEAD OF, UH, REJECTING THE APPLICATION, WHICH IS, I THINK WHAT YOU'RE SUGGESTING THAT WE OKAY.
THEN WE TABLE IT AND THEN I CAN CHANGE IT AND THEN COME BACK.
YOU CAN MAKE, INSTEAD OF FILLING OUT A WHOLE LOT OF NEW APPLICATION, REPEATING THE PROCESS, JUST THEY MAKE A MOTION TO APPROVE OR RECOMMEND APPROVAL THREE UNITS.
AND THAT WAY YOU DON'T HAVE TO FILL OUT ALL THE FORMS AND COME BACK AND, OR GO STRAIGHT TO COUNCIL.
I'M JUST TRYING TO FAMILIARIZE MYSELF WITH THE PROCEDURE.
IN ORDER TO GET THE FIVE REQUIRE A ZONING VARIANCE, BECAUSE THAT IS A VARIANCE FROM OUR ORDINANCE, BUT COUNCIL COULD HAVE A GRANTOR WISHES, PERHAPS YOU'D HAVE TO TALK WITH, UH, DOUG NAPER REFERENCE TO THAT.
UM, SINCE THE CO CURRENT ORDINANCES FOR THREE, UH, FOR FIVE, I THOUGHT THE SAME THING AND WE'D HAVE TO DO A REZONING APPLICATION.
SO I'M, I'M IN FAVOR OF APPROVING THE THREE, IF THE APPLICANT WANTS TO PROCEED THAT WAY.
BUT I GOT, I AGREE WITH CHAIRMAN BOARD AND WE CAN'T, WE CAN'T GO LESS RESTRICTIVE THAN WHAT THE CURRENT, UM, ORDINANCES, ALL RIGHT.
SAID, WELL, SOMEBODY WANTS SOMEBODY TO MAKE A MOTION.
UM, MR. CHAIRMAN, I MOVED AT THE PLANNING COMMISSION FOR THE RECOMMENDATION OF APPROVAL TO TOWN COUNCIL, TO CONDITIONALLY PERMIT, THE USE OF THREE BEDROOM BED AND BREAKFAST AT 1 24 LURAY AVENUE IDENTIFIED IN THE APPLICATION, F R S P U 2 6 5 5 DASH 2 0 2 1.
IS THERE ANY OTHER DISCUSSIONS, COMMISSIONERS, AND I WOULD LIKE TO CALL A VOTE IF, UH, MS. POTTER VIEW AND A POLL, THE COMMISSION COMMISSIONER GORDON.
WE HAVE NO, UH, CON CONSENT AGENDA.
[VII. OLD BUSINESS]
UH, SOME OLD BUSINESS AND, UM, UH, THE OLD BUSINESS WE'VE SEEN, IT'S VERY OLD BUSINESS, I GUESS.UM, WE'VE BEEN WORKING WITH THIS A FAIR AMOUNT AND WE DON'T HAVE TO MAKE ANY DECISIONS TODAY, BUT I RECEIVED A CALL ON THURSDAY OR FRIDAY AND I WAS IN KENTUCKY AT THE TIME.
AND THEY WANTED TO KNOW WHETHER WE SHOULD PUT THIS ON THE AGENDA.
AND SO, UM, I WAS FEELING THAT WELL, IF I DON'T PUT ON THE AGENDA, WE CAN'T TALK ABOUT IT.
IF I PUT IT ON THE AGENDA, WE CAN TALK ABOUT IT.
OR IF WE DECIDE WE DON'T HAVE TO TALK ABOUT IT.
IF THERE'S ANY, WE, AS I SAY, WE'VE LOOKED AT THIS A COUPLE OF TIMES.
I THINK WE ARE ALL PROBABLY COMFORTABLE WITH THE PROPOSED RED LION CHANGES THAT ARE IN THAT.
BUT IF THERE'S ANY ADDITIONAL THOUGHTS OR QUESTIONS, NOW'S THE TIME TO, TO BRING THEM UP.
WE STARTED OUT WITH EIGHT PAGES OF COMMENTS AND NOW WE'RE DOWN TO A THREE.
AND I THINK THESE ADDRESS, MOST OF THE, IF NOT ALL OF THE ISSUES REGARDING THIS REQUEST BY TOWN COUNCIL FOR APARTMENTS ON MAIN STREET, UH, THE ONLY QUESTION I HAVE LEFT IS IF YOU RECALL AT OUR WORK SESSION IN JUNE, UH, WE HAD DISCUSSION REGARDING SPECIAL USE PERMITS, WHICH IS ACTUALLY, UH, FOSTERED BY THE, UH, APPLICATION BEFORE US HERE.
AND SO WHAT EXACTLY WE CAN DO IN A SPECIAL USE, UH, UH, SITUATION, OBVIOUSLY A SPECIAL USE
[00:25:01]
USES THE TERM USE.SO OUR DUTY HERE AND A SPECIAL USE IS TO DETERMINE IF THAT USE IS APPROPRIATE IN THAT ZONE AND THEN MAKE OUR RECOMMENDATION TO COUNCIL REGARDING THAT.
UM, AND AS COMMISSIONER GORDON, UH, DISCUSSED, WE CAN APPARENTLY, OR BASICALLY WE HAVE TO COMPLY WITH THE CODE.
WE CAN'T ALLOW SOMETHING IN GREATER NUMBERS, SUCH AS THE FIVE VERSUS THREE.
BUT MY QUESTION AT THE LAST MEETING OF WHICH WE DIDN'T HAVE COUNCIL PRESENT IS, AND THE SITUATION OF APARTMENTS ON, ON MAIN STREET, UH, FOR A SPECIAL USE.
OBVIOUSLY WE HAVE PARKING CONCERNS THAT WAS BROUGHT UP AT THE LAST MEETING AND THEY, AND WE ALL KNOW THAT, UH, IN THE SUBDIVISION ORDINANCE, PARKING IS, UH, OR LOTS ON MAIN STREET.
AND A PORTION OF, UH, JACKSON STREET ARE EXEMPT FROM THE SUBDIVISION PARKING REGULATIONS.
AND OUR QUESTION, MY QUESTION WAS IN A SPECIAL USE APPLICATION, CAN WE REQUIRE, UM, PARKING OR SOMETHING THAT HAS, THAT IS IN ADDITION OR GREATER THAN WHAT THE ORDINANCE CALLS FOR NOW, WE HAVE THE SITUATION OF A ZONING ORDINANCE VERSUS THE SUBDIVISION ORDINANCE FOR USE BECAUSE A SUBDIVISION ORDINANCE DOES NOT DEAL WITH THE USE.
SO, UH, MR. NAPIER IS HERE TONIGHT.
MAYBE HE CAN EXPOUND ON THAT, OR, UM, WE DO HAVE A NEW DIRECTOR COMING IF I'M NOT MISTAKEN, THANKFULLY, UH, MAYBE THAT WOULD BE ONE OF THE FIRST ITEMS WE SHOULD DISCUSS WITH HER IS THIS PARTICULAR, UH, CODE CHANGE AND THE ISSUE OF SPECIAL USE.
AND I BELIEVE SHE STARTS WORK AUGUST THE SECOND, IF I'M NOT MISTAKEN.
UM, SO EVEN THOUGH WE'RE DISCUSSING THIS HERE, I WOULD PREFER TO, UM, MAYBE REQUEST THAT COUNSEL BE AT, UH, AT A WORK SESSION WITH OUR NEW DIRECTOR THE FIRST WEEK OF AUGUST, OR AS SOON THEY'RE THERE, UH, THAT SHE IS EMPLOYED AND DISCUSS THIS ISSUE WITH A SPECIAL USE, BUT IT DOES APPEAR THEY HAVE ADDRESSED MOST OF THE ISSUES.
I DON'T KNOW IF I FOLLOW THE PARKING CONCERN.
SO I GUESS MY UNDERSTANDING WOULD BE IF PARKING CURRENTLY IS EXEMPT, BUT THERE'S A SPECIAL USE PERMIT AS PART OF THE SPECIAL USE PERMIT, ADDITIONAL PARKING COULD BE REQUIRED BECAUSE THAT'S BEING MORE RESTRICTIVE, CORRECT? I BELIEVE THAT'S OKAY.
BUT I HAVEN'T HEARD OFFICIALLY THAT YES, WE CAN DO THAT BECAUSE ONE FRAME OF THOUGHT AND DOUG, YOU CAN JUMP IN AT ANY MOMENT AND SAVE ME HERE IS THAT W W WE MIGHT NOT HAVE THE AUTHORITY TO ASK FOR PARKING, BUT WE COULD DENY THE APPLICATION, THE SPECIAL USE UNTIL THE APPLICANT PROVIDES WHAT WE WOULD CONSIDER, UH, CONDITIONS TO AMELIORATE THE, THE HARDSHIPS UNDER THE SPECIAL USE.
SO THAT IS MY CONCERN IS THAT WHETHER, WHETHER WE COULD DENY THE SPECIAL USE BECAUSE OF NO PARKING OR WHETHER WE COULD SAY YOU HAVE TO COMPLY WITH PARKING, AND THEN WHAT AMOUNT, YOU KNOW, THAT WOULD BE THE, THE, THE ISSUE.
SO, UH, I'D RATHER DISCUSS THAT AT A WORK SESSION BECAUSE THERE'S A LITTLE MORE FLEXIBILITY AND GIVE AN OPPORTUNITY FOR LEGAL COUNSEL TO PERHAPS RESEARCH THAT AND HAVE THE INFORMATION AVAILABLE FOR US.
IF I MAY, I THINK THAT'S A VALID QUESTION, AND I THINK IT WOULD PROBABLY BE SMARTER TO WAIT TO A, OUR PLANNING DIRECTOR IN HERE BECAUSE I AM NOT A PLANNER AND I PROBABLY WOULD NOT GIVE YOU HIS CREATIVE AND THE ANSWER IS A PLAN OF MINE.
SO WHAT WOULD BE AN INAPPROPRIATE TIME AFTER AUGUST THE SECOND TO SCHEDULE THE MEETING THE THIRD? WOW.
UM, I WOULD REQUEST THE CHAIR TO TALK WITH THE NEW DIRECTOR AND SCHEDULE A MEETING ON THIS ISSUE, CHAIRMAN.
[00:30:01]
IS OLD BUSINESS, UH, CONTINUATION.UM, IT NEEDS TO TAKE ACTION ON, UH, STAFF WOULD HAVE REQUESTS THAT IT WOULD BE BROUGHT TO PUBLIC HEARING AT A JOINT COUNCIL AND PLANNING COMMISSION ON AUGUST 23RD OR 26.
26, 20 THIRD IS TO CLARIFY, CAN I SPEAK CHAIR? OKAY.
STEVEN HICKS, A TOWN MANAGER HERE.
THIS, THIS ITEM HAS BEEN GOING ON SINCE AT LEAST MARCH, APRIL COUNSEL HAS ADVISED US.
UH, WE EXPECT AUGUST 9TH, THIS WILL BE ON THE WORK SESSION AGENDA FOR COUNCIL REVIEW.
WE WILL BE ADVERTISEMENT FOR PUBLIC HEARING, A JOINT PUBLIC HEARING WITH THE PLANNING COMMISSION WITH ACTION BY THE COUNCIL ON THE 23RD, AUGUST 23RD.
UH, YOU ALL MEET ON THE THIRD WEDNESDAY, WHICH WOULD BE THE 18TH.
SO WE WILL, WE PLAN ANTICIPATE MAKING A RECOMMENDATION TO COUNCIL AT OUR AUGUST 9TH WORK SESSION MEETING.
UM, THE OTHER THING THAT'S BEING CHANGED, MARK, DO YOU WANT TO TALK ABOUT THE CHANGE IN THE MARKET ABOUT THE SQUARE FOOTAGE OF 300 TO 600? YEAH.
UH, SO STAFF RECOMMENDED THAT THE, UM, LINE NUMBER 83, 82 OF THE 600 SQUARE FEET, UH, REQUIRED WHEN WE CHANGED IT TO LINE IT UP WITH THE DEFINITION OF A DWELLING UNIT.
UH, WE KIND OF WENT BACK AND, AND WE RECOMMEND THAT TO GO AHEAD AND LEAVE IT AT SIX OR 300 SQUARE FEET TO PROMOTE RESIDENTIAL AND LIFE DEVELOPMENT FOR APARTMENTS AND FUTURE SHORT-TERM RENTALS.
SO FORTH THAT, UM, SOME INTEREST HAS BEEN EXPRESSED ON FOR THE DOWNTOWN AREA.
WE, WE WENT BACK AND, AND, AND WE'RE RECOMMENDING THE 300 JUST, UH, TO, TO MEET THE NEEDS OF, UM, APARTMENT USES WITHIN THE DOWNTOWN, UH, 600 SQUARE FEET IS, IS FOR ACTUAL DWELLING UNITS, A LITTLE LARGE FOR APARTMENTS IN THE DOWNTOWN FOR ANY CONVERSIONS.
WAIT, AND WE'VE BEEN WORKING WITH 300, UH, ALL ALONG.
SO I GUESS, WELL, CORRECT, BUT THERE HASN'T BEEN GREAT DEMAND FOR THAT YET.
ANY OTHER, ANY OTHER COMMENTS, UM, MR. CHAIRMAN AT THE END OF LINE 64, I RECOMMEND ADDING A PERIOD.
UH, I, I, I THINK THAT WE WOULD PROBABLY LIKE TO HAVE A WORK SESSION WITH THE NEW, UH, DIRECTOR OF PLANNING, MAYBE LIKE THE FIRST, UM, FIRST OR SECOND, WEDNESDAY AND AUGUST.
IT SEEMS LIKE IT WAS V UH, IF WE COULD, UH, IF WE COULD DO THAT, GET A CHANCE TO MEET AND, UH, UH, JUST GET, GET, GET ACQUAINTED AND SEE WHAT ISSUES WE MIGHT WANT TO, UH, ADDRESS AT THAT TIME.
ANY, ANY OBJECTION TO THAT? WHAT DATE? THE 11TH? UH, I THINK THE 11TH WOULD WORK CAUSE WE W W WE HAVE A REGULAR MEETING ON THE 18TH AND THEN A JOINT MEETING ON THE 23RD.
IS THAT CORRECT, CONNIE? YES, NO, NO, NO, NO JOINT MEETING, NO PUBLIC CARING WAY.
WE WOULD ADVERTISE A PUBLIC HEARING WHERE WE'RE COUNCIL, WHERE YOU ALL WILL GO HAVE YOUR PUBLIC HEARING.
IT'S ADVERTISED THE SAME TIME.
WE'RE GOING TO ADVERTISE IT TOMORROW, A PUBLIC HEARING FOR YOUR REGULAR SCHEDULED MEETING ON THE 23RD.
SO THAT WAY WE'VE KNOCKED IT ALL OUT.
IT'S A JOINT ADVERTISEMENT, NOT A JEWISH.
[00:35:01]
YEAH, THAT'S FINE.WE HAVE DONE IT, UH, BY THE WAY THEN IN BOTH IN ONE NIGHT.
SO THE AUGUST 11TH WILL BE A WORK SESSION WITH THE NEW DIRECTOR 18TH, OUR MEETING, UM, TO DISCUSS THE APARTMENTS ON MAIN STREET.
AND, UH, AND THEN THE 23RD WILL BE THE COUNCIL MEETING OF WHICH WILL BE A JOINT ADVERTISEMENT, JOINT ADVERTISEMENT FOR PUBLIC AREA.
UM, I GUESS WE'VE ACTUALLY EVOLVED INTO NEW BUSINESS THERE, AND THIS IS, ALTHOUGH HE SAID NONE.
WE'VE, WE'VE DONE SOME NEW BUSINESS.
SO, UM, ANYTHING ELSE PERTAINING TO THIS, THIS ISSUE, MR. CHAIRMAN, DO WE NEED TO TABLE, UH, THE TEXT AMENDMENT OR HAS IT PROCEDURALLY? WHAT, WHAT DO WE NEED TO DO TO CARRY IT FORWARD? THERE WASN'T A MOTION ON THE TABLE YET.
MAKE A MOTION TO REPORT PUBLIC HEARING IN AUGUST.
MR. CHAIRMAN, I, UH, LET ME JUST, WAIT, IS IT A PUBLIC HEARING NOW? THIS IS NOT A PUBLIC HEARING TONIGHT.
SHE WAS ON TO AGREE TO MOVE IT TO PUBLIC HEARING AND AUDIT.
COUNSEL HAD COUNSEL HAD DISCUSSED AT THE LAST MEETING THERE BECAUSE OF THE NUMBER OF CHANGES.
WE COULDN'T JUST EXTEND THE LAST PUBLIC HEARING.
UH, MR. CHAIRMAN, I MOVE THAT THE PLANNING COMMISSION MOVES ZONING ORDINANCE, TEXT AMENDMENT, F R Z O R D A M TO 5 1 9 DASH 2 0 2 1 2 PUBLIC HEARING ON AUGUST THE 23RD.
AND SECOND I'LL ANY OTHER COMMENTS ON THAT THEN? JUSTIN? ALL RIGHT.
COULD YOU, UH, PULL US COMMISSION PLEASE? COMMISSIONER INGRAM? YES.
UM, UH, NO OTHER NEW BUSINESS THAT I KNOW OF.
ANY OTHER YOUR BUSINESS, UH, THEN COMMISSION MEMBER REPORTS.
IF NOT, UH, MAYBE WE HAVE A MOTION TO ADJOURN.
I MOVE, WE ADJOURN THE MEETING.