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[00:00:01]

WELL, THE TOWN

[I. CALL TO ORDER]

CLOCK IS I'M AFRAID, UH, 15 MINUTES LATE.

SO I BELIEVE IT IS A SEVEN O'CLOCK I'D LIKE TO CALL THE MEETING TO ORDER.

THANK YOU.

UM, MAYBE WE HAVE A ROLL CALL TO DETERMINE WHETHER WE HAVE A QUORUM CHAIRMAN JONES HERE, VICE CHAIRMAN MARSH NOUR HERE, COMMISSIONER GORDON HERE, COMMISSIONER MERCHANT, COMMISSIONER INGRAM.

AND HE JUST CALLED ME AND HE SAYS, HE'S ON THE WAY HE SHOULD BE HERE SOON.

UH, NEXT

[III. APPROVAL OF MINUTES]

ITEM IS APPROVAL OF THE MINUTES OF OUR LAST MEETING OF JULY 21.

IS THERE ANY CORRECTIONS TO THOSE MINUTES OR SHOULD WE IMPROVE THEM AS DISTRIBUTED MR. CHAIRMAN? I MOVE THAT WE APPROVE THE MINUTES OF JULY 21ST, 2021 AND OUR REGULAR MEETING.

OKAY.

SECOND IT'S BEEN MOVED AND SECONDED.

UM, ANY OTHER CHANGES OR THOUGHTS ABOUT THAT? SO, UM, AS POTTER, COULD YOU JUST DO A ROLL CALL FOR US? VICE CHAIRMAN MARSH NOUR, AYE.

COMMISSIONER GORDON.

YES.

COMMISSIONER MERCHANT CHAIRMAN JONES.

YES.

SO THEN THAT'S OUR APPROVED, UH, NEXT ITEM IS CITIZEN COMMENTS.

AND THAT WOULD BE, UM, COMMENTS, UM, FROM ANYONE HERE NOT ABOUT THE SUBJECT OF THE, UH, TWO, UM, ZONING ORDINANCE CHANGES.

UH, BUT, UH, SO IF ANYBODY HAS THOSE, WE WILL HOLD THOSE UNTIL WE GET TO THEM.

BUT AS ANYBODY HAVE ANY OTHER GENERAL COMMENTS, OKAY.

NOT HEARING ANY, WE WILL START,

[V. PUBLIC HEARINGS]

WE HAVE TWO PUBLIC HEARINGS TONIGHT.

SO, UM, I WOULD LIKE TO, UM, OPEN PUBLIC HEARING, UM, FOR A ZONING ORDINANCE, TEXT AMENDMENT NUMBER F R A Z O R D A M 25, 19 DASH 2021 INITIATED BY RESOLUTION OF THE FRONT WILD TOWN COUNCIL PURPOSES OF THE PROPOSED AMENDMENTS ARE TO CHANGE THE USE REGULATIONS OF THE C2 DOWNTOWN BUSINESS DISTRICT, PERTAINING TO THE ADMINISTRATIVE PERMITTING OF RESIDENTIAL UNITS AND THE SPECIAL USE PERMITTING OF APARTMENTS BY THE TOWN COUNCIL.

UH, IF I'M FAIR.

AND I WOULD ALSO LIKE TO, UH, UH, INTRODUCE EVERYONE TO OUR NEW PLANNING DIRECTOR, LAUREN KOPECKI, AND, UM, I WOULD LIKE TO INVITE HER TO MAKE ANY ADDITIONAL COMMENTS ABOUT THIS.

HELLO.

UM, SO TONIGHT ALL WE'VE, UH, WELL, WE'VE PREPARED FOR YOU A COUPLE OF, UM, I GUESS, REVISIONS FROM WHAT YOU SAW LAST WEEK AT THE WORK SESSION.

UM, WE HAVE CHANGED THE DEFINITION OF CONVERSION FOR YOU, AND WE HAVE ALSO, UM, MADE SOME ALTERATIONS TO, UM, THE, UM, THE OFF STREET PARKING SECTION.

SO THAT'S 1 75 DASH ONE 13.

UM, AND THIS WILL KIND OF SPEAK TO, UH, SOME OF THE ISSUES THAT WE KIND OF DISCUSSED ABOUT WHETHER OR NOT THE PARKING EXEMPTION.

OKAY.

ALL RIGHT.

UM, SO THE PUBLIC HEARING IS OPEN.

UM, DOES ANYONE WOULD LIKE TO SPEAK ON THIS? YES.

YEAH.

YES.

UM, MY NAME IS ELLEN AIDERS AND I LIVE HERE IN FRONT ROYAL ON PROSPECT STREET.

AND THANK YOU FOR THE OPPORTUNITY TO BE HERE AND SPEAK TONIGHT.

I DO HAVE SOME CONCERNS ABOUT THE PROPOSED REDEVELOPMENT OF THE PROPERTY ON THE CORNER OF CHURCH AND JACKSON STREET.

UM, IT'S MY UNDERSTANDING THAT PLANNING AND ZONING HAS BEEN ASKED TO LOOK AT, UH, PLANS TO TURN THAT INTO A 30.

I DON'T KNOW IF THAT'S ME OR WHAT I CAN DO ABOUT THAT, BUT A 30 TO 60 UNITS.

WE'RE GOOD.

[00:05:08]

YOU TOLD ME TO CARRY ON.

OKAY.

UH THAT'S OKAY.

SO I THINK THAT PLANNING AND ZONING HAS BEEN ASKED TO CONSIDER PLANS THAT WOULD TURN THE BUILDING INTO AN APARTMENT BUILDING COMPRISED OF 30 TO 60 APPROXIMATE 300 SQUARE FOOT UNITS FOR RESIDENTIAL USE.

AND I JUST WANT TO ASK YOU TO CONSIDER THE FOLLOWING BEFORE YOU ADOPT ANY CHANGE TO THE CODE THAT'S EXISTING.

UM, NOT ONLY DO I LIVE ON PROSPECT STREET, BUT I OWN AND WORK IN THE BUILDING AT 23 CHURCH STREET, WHICH SHARES A PARKING LOT WITH THE BUILDING THAT IS THERE.

NOW, I'VE BEEN THERE FOR 11 YEARS AND EVERY SINGLE DAY FOR AS LONG AS I'VE BEEN THERE AT NOON, ABOUT 12 TO 15 PEOPLE SHOW UP TO HAVE A MEETING IN, UM, THE EXISTING STRUCTURE THERE.

AND FOR ABOUT THE FIRST FIVE YEARS THAT I WAS AT 23 CHURCH STREET, I CALLED THE FRONT ROYAL POLICE DEPARTMENT ON A REGULAR, BECAUSE THOSE FOLKS CONSISTENTLY PARKED IN NO PARKING ZONES, UM, THAT WERE JUST SIMPLY UNSAFE.

UM, SO THAT WAS 12 TO 15 PEOPLE.

AND NOW WE'RE LOOKING AT MAYBE 60 PEOPLE GOING INTO THIS BUILDING AND I HATE TO BE PARKING, BUT IT IS A LEGITIMATE CONCERN.

THE OTHER THING IS I WOULD LIKE FOR YOU TO CONSIDER WHO'S GOING TO LIVE IN THESE UNITS.

I KNOW THE INTENTIONS ARE REALLY GREAT.

UM, LIKE I SAID, I'VE BEEN THERE EVERY SINGLE DAY FOR THE PAST 11 YEARS.

THERE'S BEEN AN AWESOME FAMILY THAT LIVES THERE NOW IN ONE OF THE EXISTING RESIDENTIAL UNITS PROBABLY BEEN THERE FOR, I DON'T KNOW, THREE OR FOUR YEARS RECENTLY, A NEW TENANT HAS MOVED IN THERE HAVE BEEN DOMESTIC DISTURBANCES SO LOUD THAT MERCHANTS ON MAIN STREET HAVE HEARD THEM FIGHTING.

THERE HAVE BEEN POLICE THERE THERE'VE BEEN GUNSHOTS.

MY CUSTOMERS ARE SAYING, ELLEN, WHAT'S GOING ON IN THE BUILDING BEHIND YOU ALL OF THIS TO SAY, I KNOW INTENTIONS ARE GOOD, BUT WHEN YOU OPEN UP RENTALS, IT'S REALLY HARD TO DISCRIMINATE AND PICK AND CHOOSE ABOUT WHO GOES IN THERE.

WHERE'S TRASH GOING.

I DON'T REALLY HAVE ANY OTHER COMMENTS ABOUT THAT, EXCEPT THAT'S A HECK OF A LOT OF TRASH.

THE TRASH TRUCK HAS A HARD ENOUGH TIME NOW GETTING INTO THAT PARKING LOT.

SO I THINK THAT'S A REAL CONSIDERATION.

AND WHAT DOES THE FUTURE LOOK LIKE FOR THAT BUILDING? I'VE SEEN THE PLANS AND THEY'RE, IT'S, IT'S A GORGEOUS PLAN.

UM, SOMETHING THAT WOULD LOOK BEAUTIFUL IN OUR DOWNTOWN AREA.

UM, MY CONCERN IS WHAT HAPPENS IN THE FUTURE WHEN THAT SELLS, UH, WE DON'T HAVE MUCH CONTROL ONCE WE PUT IT THERE AND ALL THOSE UNITS ARE THERE AND THE NEXT PERSON MOVES IN.

MAYBE THEY DON'T HAVE SUCH GREAT INTENTIONS.

SO IS IT REALLY GOING TO JIVE WITH WHAT THE MERCHANTS ON MAIN STREET AND DOWNTOWN FRONT ROYAL TRYING TO MAKE HAPPEN IN OUR AREA? I DON'T KNOW.

I LIVE ON PROSPECT STREET.

I WORK ON CHURCH STREET.

I HAVE WALKED OUR DOWNTOWN HISTORIC AREA SO MANY TIMES.

AND SO MANY TIMES I'VE SAID, HOW DID THIS HAPPEN IN HISTORIC DOWNTOWN MAIN STREET? AND I FEAR THAT THAT QUESTION WILL BE ASKED IF THIS GOES THROUGH AS PLANNED.

THANK YOU.

THANK YOU.

GOOD EVENING.

AND WELCOME TO OUR NEW PLANNER.

UH, MY NAME IS WILLIAM BARNETT.

I LIVE AT 1115 BUCK MOUNTAIN ROAD, BENTONVILLE, VIRGINIA, AND I, UM, UM, I AM A COMMERCIAL AND INDUSTRIAL REAL ESTATE AGENT.

AND, UH, I, UH, HAVE, UH, FOR, FOR MANY, MANY YEARS SINCE THE, SINCE THE EIGHTIES, I GOT INVOLVED IN WARREN COUNTY AND FRONT ROW AND ECONOMIC DEVELOPMENT.

AND I NOW MIX MY PASSION FOR THIS COMMUNITY, WITH MY VOCATION.

AND, UH, I, I HAVE, UH, IN LAST FIVE YEARS SOLD 10 PROPERTIES ON MAIN STREET ALONE.

UH, MANY OF THE RESTAURANTS AND SHOPS AND THINGS THAT ARE THERE ARE IN THESE PROPERTIES.

I'VE BEEN BLESSED TO BE ABLE TO DO SOMETHING THAT I ENJOY, UH, FOR THE RECORD OF THE, THE PROPERTY MENTIONED IN THE PREVIOUS FROM THE PREVIOUS SPEAKER IS NOT, IS NOT ON THIS AGENDA AT ALL.

IT DOES NOT INVOLVE ANY PARTICULAR PROPERTY.

AND, UH, AND FOR THE RECORD, THERE HAS BEEN NO APPLICATION BY THAT PROPERTY TO THE PLANNING COMMISSION.

SO, UH, UH, AS A MATTER OF FACT, THE, UH, SO THIS ORDINANCE, WHAT IT ADDRESSES IS, ARE ENORMOUS NEED FOR HOUSING IN FRONT ROYAL, PARTICULARLY, PARTICULARLY, UM, MARKET RATE, AFFORDABLE HOUSING, NOT SUBSIDIZED BEFORE, BUT HOUSING, BUT MARKET RATE AFFORDABLE HOUSING FOR, UH, FOR OUR LOCAL, UM, PUBLIC AND PRIVATE WORKFORCE, UH, FOR OUR

[00:10:01]

YOUNG PEOPLE STARTING OFF IN NEED A PLACE TO LIVE.

AND, UH, FOR OUR ELDERLY, WE LOSE ENORMOUS NUMBERS OF OUR ELDERLY IN FRONT ROW AND WARREN COUNTY, BECAUSE THERE IS ALMOST NO HOUSING AVAILABLE BETWEEN A SINGLE FAMILY HOME THAT THEY NO LONGER WISH TO TAKE CARE OF AND AN ASSISTED LIVING FACILITY.

UH, SO TH AND THERE'S JUST NOTHING AVAILABLE.

UH, WE LOSE PEOPLE TO LAKE FREDERICK.

WE LOSE PEOPLE TO STROUDSBURG.

WE LOSE PEOPLE TO STEPHEN CITY, UH, AND THE SURROUNDING AREA AND, AND OUR, AND IT'S REALLY IMPORTANT TO KEEP OUR YOUNG TALENT AND OUR OLDER CITIZENS, UH, WHO CONTRIBUTE SO MUCH AT AND VOLUNTEER WORK AND THINGS KEEP THEM IN OUR COMMUNITY AND, AND BEING A VITAL PART OF THE COMMUNITY.

THERE WAS USED TO BE MORE CON UH, HOUSING, DOWNTOWN, FRONT ROYAL, UH, APARTMENTS IN THING I HAVE 1960S AND 1970S PHONE BOOKS, WHICH LISTS ALL THOSE PROPERTIES, UH, THAT WERE DOWNTOWN.

AND IT WAS A THRIVING COMMUNITY AS I WAS GROWING UP HERE.

THE, UH, AND SO, UM, I REALLY URGE YOU TO, TO PASS THIS TEXT AMENDMENT TO THE ORDINANCE, SOMETHING, SOME OF THE STUFF WAS CHANGED IN THE NINETIES SPECIFICALLY TO STOP GROWTH.

AND I DON'T BELIEVE THAT'S WHERE WE ARE NOW.

AND I BELIEVE THAT WE WANT TO HAVE A GROWTH IN THE COMMUNITY AND WE WANT TO HAVE, AND WE WANT TO HAVE PLACES FOR PEOPLE TO LIVE.

AND WE ALSO HAVE WANT TO HAVE CUSTOMERS DOWNTOWN.

WE WANT TO HAVE, WE BROUGHT IN ALL THESE RESTAURANTS AND BUSINESSES AND THINGS THAT ARE DOWNTOWN AND THEY NEED CUSTOMERS.

AND SO, UH, THE, UM, DOWNTOWN AS MUCH AS REALLY REVITALIZED, THERE'S A LOT TO BE DONE TO IMPROVE IT.

AND I WOULD URGE YOU NOT ONLY TO PASS THIS TEXT AMENDMENT, BUT TO MOVE RIGHT ON TO THE OTHER APARTMENTS FOR THE REST OF, OF FRONT ROYAL, BESIDES THE, BESIDES JUST THIS DOWNTOWN BUSINESS DISTRICT, I WOULD URGE YOU TO LOOK AT THOSE BECAUSE IT HAS LIMITATIONS THAT MAKE IT VERY DIFFICULT TO BUILD APARTMENT BUILDINGS IN FRONT ROYAL.

AND SO, UH, I THANK YOU SO MUCH FOR YOUR TIME.

THANK YOU.

GOOD EVENING, LADIES AND GENTLEMEN, MY NAME IS WILLIAM HUDSON, 4 0 9 EAST MAIN STREET, CNC FROZEN TREATS GROWTH WITH GROWTH.

WE DO NEED IN OUR COMMUNITY RIGHT NOW.

WE'RE FIGHTING ORDINANCES AND EVERYTHING ELSE WITH THE GROWTH OF TRYING TO JUST BRING THE EXISTING COMMUNITY TOGETHER AND OUR MAIN STREET AREA.

AND CAN'T SUCCEED TO DO THAT 30 TO 60 MORE APARTMENTS IS GOING TO BE 30 TO 60 MORE VEHICLES AT THE MINIMUM, ALL MAIN STREET AND IN THE SURROUNDING AREAS WITH NO FORETHOUGHT ON PARKING, BECAUSE THAT'S BEEN THE GOLD BOTTOM LINE ARGUMENT THAT WE'VE HAD NOW ON THE GROWTH OF EVENTS AND OUR COMMUNITY, NOT HOUSING.

I WILL AGREE THAT WE NEED HOUSING.

WE ALSO NEED HOUSING IS MORE THAN A SIX BY NINE JAIL CELL FOR, FOR MOST PEOPLE, YOU KNOW, WE'RE GOING TO GET INTO A HOUSING.

WE WANT SOMEBODY TO BE ABLE TO SETTLE IN AND TO GROW A LITTLE BIT, NOT GET IN AND TO BE STUMBLING ON ONE ANOTHER IN SUCH A SMALL AREA THAT THEY DON'T HAVE ANYWHERE TO GO AGAIN.

WHAT KIND OF PERSON IS THAT GOING TO BRING OVER TIME AS WE MOVE FORWARD AND HISTORY HAS SHOWN US THAT LIFE CHANGES ON A WHIM.

SO WHAT DOES THE FUTURE HOLD? NONE OF US KNOW WHAT THE FUTURE HOLD WE'VE GOT A PARKING ISSUE OR A STRUCTURE ISSUE ON MAIN STREET.

I WANT TO SEE ALL THE BUILDINGS ON MAIN STREET COMING BACK TO LIFE.

AND I'D LIKE TO SEE THOUSANDS OF PEOPLE VISITING THE MAIN STREET ON A DAILY BASIS.

SO TO HAVE AN EXTRA 60 PEOPLE ON MAIN STREET WOULD BE 60 NEW POTENTIAL CUSTOMERS.

BUT AT WHAT COST, THAT IS THE BOTTOM LINE QUESTION AT WHAT COST IS THIS GOING TO DO? WE HAVE ENOUGH LAND AND OTHER THINGS THAT ARE BEING BUILT UP RIGHT NOW FOR AFFORDABLE HOUSING FOR OUR TEACHERS AND FOR OUR ELDERLY, WITH THE PLANS THAT ARE COMING FORWARD TO YOU RIGHT NOW, LET'S RESTORE OUR MAIN STREET, OUR HISTORIC DISTRICT FOR WHAT IT ONCE WAS BARKING IS ALWAYS GOING TO BE AN ISSUE UNTIL WE ADDRESS THAT WITH STRUCTURES.

BUT THIS IS AN EXEMPTION I'M EXEMPTED FROM HAVING TO PROVIDE PARKING FOR MY BUSINESS OR FOR MY TENANTS, BECAUSE I'M ON MAIN STREET.

SO IT'S AN EXEMPTION.

SO WHO'S RESPONSIBLE FOR THE PARKING.

YOU ARE,

[00:15:02]

YOU'VE EXEMPTED US.

SO I DON'T HAVE TO WORRY ABOUT RENT AND PARKING SPOTS.

SO WHO'S GOING TO HAVE TO PROVIDE PARKING FOR ALL OF THESE PEOPLE.

YOU ARE THE TOWN, THE TAXPAYERS, SO THEN WE NEED MORE GROWTH.

SO NOW WE'RE GOING TO TAKE MORE STUFF IN TO BUILD, TO BUILD MORE STUFF.

WHERE DID, WHERE DOES IT STOP? THIS IS WHAT WE NEED.

WE NEED, WE NEED SOLID GROWTH.

WE DON'T NEED QUICK GROWTH.

WE NEED SOLID GROWTH.

WE'RE 14,000, 40,000 PEOPLE IN WARREN COUNTY.

WE NEED TO BE 40,000 STRONG MOVING FORWARD TOGETHER, NOT 40,000 SEPARATED OUT DRAWN TO SEE WHERE I CAN GET MY PIECE OF THE PIE.

AND WE DON'T WANT THAT MAN TO HAVE HIS PIECE OF THE PIE, BECAUSE WE DON'T LIKE HIM.

THAT'S NOT WHAT THIS IS ABOUT.

I'M A PRIME EXAMPLE OF SOMEBODY THAT'S COME HERE WITH A DREAM AND WANTS TO EXPAND.

THAT'S WHAT LIFE IS ABOUT REACHING FOR.

SO I'M ALL FOR POSITIVE CHANGE IN OUR COMMUNITY.

BUT I'M SAYING AT THIS POINT, RIGHT NOW, IT'S NOT ON THE BOOKS ON THE BOOKS TO BRING THIS HERE.

THE WHY IS IT BEING BROUGHT UP OVER AND OVER AGAIN BEHIND THE SCENES? SO IF IT'S NOT COMING OUT TO LIGHT, LET IT BE AT LIGHT, LET US SEE IT.

I'M GOOD WITH IT.

LET ALL OF US SEE IT.

THEY SAY THEY WANT OUR VOICE.

OUR VOICES SAID TODAY AT THIS POINT, IF YOU WANT SOMEBODY TO LIVE IN A JAIL CELL, THAT'S WHAT, THAT'S WHAT THIS DOES.

THANK YOU.

THANK YOU.

UM, I ASSUME WE DON'T HAVE ANY OTHER SPEAKERS SINCE EVERYBODY HERE HAS SPOKEN, SO I'M GOING TO CLOSE THE PUBLIC HEARING AND, UH, WE WILL SEE WHAT WE HAVE, BUT WE CAN MAKE OF THIS AND WHAT ACTIONS WE WANT TO TAKE.

MR. CHAIR, COULD I MAKE A COMMENT PLEASE? YES.

UH, BEFORE WE MOVE TO A MOTION ON THIS, I WANT, I'D LIKE TO THANK OUR SPEAKERS FOR SPEAKING TONIGHT.

UM, PUBLIC INPUT IS VERY IMPORTANT, UH, AND ANY DECISION WE MAKE HERE.

UH, SO I, I THANK YOU FOR TAKING THE TIME TO COME OUT AND EXPRESS YOUR OPINION.

I WOULD LIKE TO POINT OUT THAT THE ORIGIN OF THIS ORDINANCE CHANGE COMES FROM TOWN COUNCIL.

THIS WAS NOT A PLANNING COMMISSION IDEA.

UM, THERE ARE MANY SEGMENTS OF OUR ORDINANCE AT WARE THAT WE NEED TO REWRITE, OBVIOUSLY.

AND FROM TIME TO TIME, WE'RE GIVEN THE TASK OF REVIEWING ORDINANCES THAT TOWN COUNCIL WOULD LIKE TO SEE PASSED, UM, OF MY MANY YEARS OF DEALING WITH ORDINANCES, YOU CREATE A PERFECT ORDINANCE.

UM, SO WE, WE DO THE BEST WE CAN WITH WHAT WE HAVE.

THE CURRENT SITUATION IS APARTMENTS ARE CURRENTLY ALLOWED ON MAIN STREET BY, RIGHT.

UH, IF YOU BUILD A NEW BUILDING FOR OUR APARTMENTS ON MAIN STREET, THAT'S A SPECIAL USE.

SO THE GREAT THING I LIKE ABOUT THIS PROPOSED ORDINANCE IS THAT FOR ANY APARTMENTS NOW OVER EIGHT REQUIRES A SPECIAL USE PERMIT.

AND PART OF A SPECIAL USE PERMIT REQUIRES THE APPLICANT TO SHOW THAT THEIR PROJECT IS APPROPRIATE WITH THE AREA OR APPROPRIATE USE FOR THAT PARTICULAR, UH, LOT LOCATED IN OUR TOWN.

SO BY HAVING EIGHT OR MORE APARTMENT UNITS COME BECOME A SPECIAL USE, IT CREATES A SITUATION WHERE WE CAN DETERMINE IF THAT USES APPROPRIATE.

AND PART OF THAT USE.

NOW WE HAVE NO APPLICATION CURRENTLY FOR ANY, UH, MOTEL UNITS ON MAIN STREET.

WE'RE LOOKING AT THE MAIN STREET AND TOTAL OF ANY BUILDING THAT WANTS TO DO THAT.

SO NOW, UH, AGAIN, UH, THIS ORDINANCE MAY OR MAY NOT BE, UH, PERFECT, BUT IT CERTAINLY GIVES US THE ABILITY TO REVIEW EIGHT OR MORE APARTMENTS AS OF THEIR IMPACT THEY WOULD HAVE.

NOW, OBVIOUSLY, UH, PARKING IS, IS THE ELEPHANT IN THE ROOM, UH, FOR ANYTHING WE'RE GOING TO DO ON MAIN STREET.

UM, SO IF, IF BY SPECIAL USE, THE PARKING SITUATION CREATES A HAZARD TO THE PUBLIC HEALTH, UM, THAT COULD BE A REASON TO DENY, UH, A PARTICULAR USE IN THE SPECIAL USE PERMIT.

SO THAT'S WHAT THIS ORDINANCE WOULD GIVE US AT THIS PARTICULAR POINT.

UM, SO, UH, I, I'M CERTAINLY IN FAVOR OF THIS ORDINANCE CHANGED FOR THAT REASON AND THAT REASON ALONE.

NOW THERE ARE OTHER PARTS OF THE ORDINANCE

[00:20:01]

THAT, UH, WE CAN MODIFY FOR YOU CHOOSE.

I WILL SAY WE ARE IN THE PROCESS OF LOOKING AT OUR COMPREHENSIVE PLAN AGAIN.

UM, SO WE HAVE ANOTHER OPPORTUNITY TO LOOK AT OUR ORDINANCES IN TOTALITY WITH WHAT OUR COMPREHENSIVE PLAN UH, DOES.

AND IN ADDITION TO US REVIEWING THESE SPECIAL USE, UH, ANOTHER PUBLIC HEARING ON THIS WILL BE HELD AT TOWN COUNCIL MEETING NEXT WEEK FOR THIS PARTICULAR ORDINANCE AND ALSO FOR ANY FUTURE, UM, SPECIAL USE APPLICATION.

SO THERE ARE MULTIPLE OPPORTUNITIES AND I WOULD ENCOURAGE ALL OF YOU THAT SPOKE TONIGHT TO COME NEXT WEEK, TO SPEAK AT TOWN COUNCIL, AS THEY HAVE THE ULTIMATE SAY, AS ALL THE PLANET COMMISSION DOES IS MAKE RECOMMENDATIONS, SIT DOWN, COUNSEL.

WE DO NOT, WE'RE NOT THE FINAL AUTHORITY IN THIS PARTICULAR ISSUE.

THANK YOU, MR. CHAIR, HOW'S THE CHAIRMAN.

MATT MAY MAKE A COMMENT.

UH, WELL, JUST ADD TO WHAT, UH, UM, UH, DARRYL JUST SAID, UH, THERE WAS A LOT OF WORK PUT INVOLVED OR INVOLVED WITH, UH, GETTING THIS ORDINANCE TO WHAT IT IS TODAY.

UH, WE DID ASK FOR SEVERAL REVISIONS, UH, ON THE WORD VERBIAGE OF IT.

AND WHEN WE HA WE KEPT THAT IN MIND WITH THE BEST ENTRANCE OF KEEPING, YOU KNOW, KEEPING MAIN STREETS, CHARACTER INTACT.

UM, SO THIS HAS BEEN ON OUR PLATE FOR MONTHS NOW.

SO THIS ISN'T SOMETHING WE'RE JUST SPINNING OUT A NEW, SO THIS THERE HASN'T BEEN A LOT OF CONSIDERATION TAKEN INTO THIS AND THE STAFF, UM, HAS DONE A LOT OF WORK IN GETTING THIS TO WHAT IT IS.

AND ALSO IF I MAY SAY FOR WHAT, FOR WHAT, UM, COMMISSIONER MERCHANT JUST SAID ABOUT THE SPECIAL USE PERMIT, UH, THERE ARE, THERE ARE HEARINGS THAT GO WITH SPECIAL USE PERMITS AS WELL.

SO ANYTIME THAT ANYTHING WOULD BE INVOLVED WITH SPECIAL USE PERMIT, WE WOULD BE DISCUSSING THAT IN THE PUBLIC WOULD ALSO HAVE A SAY IN THOSE AS WELL.

SO JUST AS HE HAS SAID FOR ENCOURAGING YOU GUYS TO COME TO THE TOWN COUNCIL MEETING FOR WHAT, ULTIMATELY THIS WILL BE APPROVED OR NOT APPROVED, UH, AGAIN, WE'RE JUST A RECOMMEND NATION, UM, UH, BOARD IN THAT REGARD.

UH, BUT I WOULD ALSO BE MINDFUL, YOU KNOW, IF THERE IS ANYTHING THAT WOULD COME UP FOR A SPECIAL USE PERMIT, UH, UNDER THIS ORDINANCE TO, TO PAY ATTENTION TO AS WELL.

YOU KNOW, I DIDN'T HAVE TO HAVE YOUR SAY IN THAT.

SO WE, YOU KNOW, I FEEL THAT WE DID OUR BEST, UM, UH, YOU KNOW, OUR BEST EFFORT PUTTING US TOGETHER AND ET CETERA, IT'S NOT PERFECT, BUT I THINK THAT IT SERVES THE PURPOSE FOR ALLOWING US TO, TO HAVE A SAY, YOU KNOW, ESPECIALLY WITH THE SPECIAL USE PERMIT, THAT WAS A BIG CONCERN THAT WE HAD, UM, WITH OUR DISCUSSIONS.

AND THEN THAT WAS MAINTAINED IN THIS, IN THIS ORDINANCE.

SO, UH, I SUPPORT IT IN THAT REGARD AS WELL.

SO I JUST WANT EVERYBODY TO, UH, KNOW WHAT MY SHARE OF THE THOUGHT IS.

SO WELL, I, I ALSO COMMEND THE CITIZEN SPEAKERS FOR BEING THE DISTANT EARLY WARNING SYSTEM AND BEING AWARE EARLY ON OF WHAT MIGHT BE COMING DOWN THE PIKE AND BEING AWARE OF IT AND FOLLOWING IT BECAUSE THAT'S REALLY CRUCIAL BECAUSE I THINK WHAT WE ARE TALKING ABOUT HERE REALLY DOES HAVE THE POTENTIAL OF MAKING A PERMANENT AND IRREVERSIBLE CHANGE IN FRONT ROW.

AND I THINK WE HAVE TO BE VERY, VERY CAREFUL.

WE'RE NOT ALL IN AGREEMENT OURSELVES ABOUT CERTAIN ASPECTS OF THESE AND THAT THERE WILL BE AN AMENDMENT PROPOSED TO THIS.

SO IT IS A VERY, VERY SERIOUS MATTER BECAUSE WHATEVER THIS, ONCE, WHATEVER THEY GET ENACTED IS PROBABLY GOING TO BE VERY DIFFICULT, IF NOT IMPOSSIBLE, TO EVER WALK BACK.

SO THIS IS SORT OF AN IRREVERSIBLE COURSE THAT WE'RE SETTING.

SO I REALLY APPRECIATE THE FACT THAT YOU ALL ARE INTERESTED AND, UH, AND WE WILL HAVE OUR DISCUSSIONS.

THANK YOU FOR BEING HERE, MR. CHAIRMAN.

UM, I GUESS EVERYBODY'S GIVING THEIR COMMENTS.

I'LL GIVE MINE.

I AM ALSO IN SUPPORT OF THIS ORDINANCE.

UM, I VIEW IT AS THE, THE PRIMARY PURPOSE OF THIS IS TO ALLOW CONVERSIONS UP TO EIGHT UNITS.

CURRENTLY, THERE IS NO LIMIT ON AN EXISTING BUILDING.

YOU COULD PUT AS MANY APARTMENTS IN THERE AS YOU WANT.

THIS PUTS A LIMIT ON THAT.

IF YOU WERE GO OVER EIGHT, YOUR TRIGGER, A SPECIAL USE PERMIT, ANY NEW DEVELOPMENTS WOULD ALSO TRIGGER A SPECIAL USE PERMIT.

AND WE WOULD GO THROUGH THIS WHOLE PROCESS.

AGAIN, I UNDERSTAND THERE IS A GREAT CONCERN OF WHAT COULD BE COMING, BUT JUST THAT, THAT IS NOT WHAT THIS ORDINANCE

[00:25:01]

IS.

THIS ORDINANCE IS PUTTING A LIMIT ON HOW MANY CONVERSIONS WE CAN HAVE AND ANYTHING MORE THAN THAT REQUIRES A SPECIAL USE PERMIT.

YEAH, ACTUALLY IT WAS THE TREMOR.

WE NEED A MOTION BEFORE WE CAN DISPEL STOLI.

YOU MEAN I CAN DO, UH, MR. CHAIRMAN, I'D LIKE TO MOVE THAT, UH, THE PLANNING COMMISSION FORWARD OUR RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL TO ADOPT THE ZONING TEXT AMENDMENT OF THE C2 ZONING DISTRICT REGULATIONS AND TO THE PERFORMANCE STANDARDS FOR APARTMENTS, SECTION 1 75 DASH ONE 13 OF THE FRONT ROYAL'S ZONING ORDINANCE.

IS THERE A SECOND TO THIS MOTION SECOND AND MOVE TO THE SECOND.

AND ARE THERE ANY OTHER DISCUSSIONS? WELL, I HAVE A COUPLE OF OTHER THINGS I'D LIKE TO, I MEAN, I'M LOOKING AT THE WORKSHEET THAT WE HAD AT OUR WORK SESSION ON AUGUST THE 11TH.

I BROUGHT THOSE PAPERS STILL WITH ME AND I PRINTED THEM OUT AND THEY READ ORDINANCE SECTION ONE, WHICH IS THE STRUCTURE OF AN APARTMENT HOUSE DEFINITION OF CONVERSION, SECTION TWO, A STANDARDS AND REQUIREMENTS.

SECTION THREE, UH, FOLLOWING USES ARE PERMITTED SECTION FOUR CONVERSION, SECTION FIVE, MINIMUM, LOT SIZE, MINIMUM UNIT SIZE.

AND THEN NOW THEREFORE BE IT ORDAINED.

BUT TODAY IN WHAT WE ARE GIVEN, THERE'S SECTION SIX, WHICH WE DID NOT HAVE IN FRONT OF US IN THE WORKING SESSION.

RIGHT.

AM I CORRECT ABOUT THAT? SO THE SECTION SIX, THE DEALS WITH PARKING, WHICH WE ALL AGREE, WE, WE DISCUSSED, WE MADE PASSING COMMENTS ABOUT PARKING AND SAID, WELL, THAT'LL BE DEALT WITH ANOTHER DAY IS NOW IN FRONT OF US TO BE VOTED ON TODAY.

WHEREAS WE DIDN'T DISCUSS IT IN THE WORKING GROUP.

AM I CORRECT? I'M NOT SURE.

UM, IS SOMEBODY ELSE REMEMBERING THAT WE DISCUSSED PARKING WHEN, UH, MY MEMORY TOOK A FLIGHT OCCUPATION? MARSHMALLOW, I DO RECALL DISCUSSING PARKING, BUT I DO NOT.

I DO NOT RECALL DISCUSSING IT AS BEING ADDED AS A SECTION.

YEAH, EXACTLY.

WE ALL SAID, YES, THAT'S A PROBLEM AND WE'LL DEAL WITH IT SOME OTHER TIME, BUT IT WASN'T WHAT WE WERE DEALING WITH IN THIS ORDINANCE.

SO WHAT ARE YOU SAYING? WELL, I'M ASKING YOU, HOW DO YOU FEEL ABOUT THAT AND WHAT SHOULD WE DO ABOUT IT? I MEAN, ARE WE READY TO TAKE ANY ACTION ON IT SINCE WE HAVEN'T TALKED ABOUT IT? UM, I MADE THE MOTION TO PROVE THAT WE HAVE IN FRONT OF US THERE, MR. CHAIR, IF I MAY, UH, PROVIDE A COMMENT, MAYBE A PERMISSION, TROUBLE MARKER.

SO SECTION SIX, THAT IS CORRECT.

I BELIEVE IT WASN'T REVIEWED AT THE WORK, RIGHT? YEAH.

IT WASN'T ON WHAT WE, WHAT WE HAD HANDED OUT.

OKAY.

BUT IT RELATED TO PARKING ON EAST MAIN STREET AND UNDER THE SPECIAL USE PERMIT REVIEW, THERE WAS SOME AMBIGUITY IN THE WAY THAT, UM, PARKING REQUIREMENTS READ IN THE CODE, UH, RELATED TO OFF STREET PARKING.

SO THIS ACTUALLY CLEARS UP, UM, AMBIGUITY IN THE CODE WHERE IT CLEARLY STATES THAT REQUIRED PARKING FOR ANY APARTMENT DEVELOPMENT MUST BE OFF STREET.

WHEREAS BEFORE IT JUST SAID ON A STREET, SO WE'RE CLEARING THAT UP.

AND THAT WAS ADDED IN HERE AS A LAST MINUTE EDIT.

YES, NO, I'M NOT NOW I'M ON, BUT THIS DOESN'T PERTAIN TO MAIN STREET, CORRECT? YES, IT WOULD.

UH, IN THE CASE THAT IF EVER AN AN EXISTING BUILDING OR A LOT WERE TO BE REDEVELOPED WITH AN APARTMENT, UH, DEVELOPMENT OR STRUCTURE, THIS CLEARLY STATES THAT THE PARKING MUST BE PROVIDED OFF THE STREET THAT'S FOR APARTMENT BUILDINGS, BUT NOT FOR CONVERSIONS.

CORRECT.

AND ISN'T THERE ANOTHER SECTION IN THE CODE THAT'S SPECIFIES THAT MAIN STREET IS EXEMPT FROM PARKING REQUIREMENTS.

THAT IS CORRECT.

SO SINCE THIS DOESN'T SPECIFICALLY INCLUDE MAIN STREET AND IT DOESN'T REFER TO IT, DOESN'T INCLUDE CONVERSIONS AS BEING REQUIRED FOR HAVING OFF STREET PARKING.

THIS ACTUALLY,

[00:30:01]

AS I READ IT, NOW, I'M NOT A LAWYER.

THANKS.

BE TO GOD.

UH, I'M NOT A LAWYER, BUT AS I READ THIS, IT DOESN'T ADDRESS MAIN STREET.

CAN ANYBODY TELL ME THAT I'M WRONG? CAN A LEGAL COUNSEL DOWN AT THE END OF THE BENCH THERE TOLD ME I'M WRONG? YEAH.

COMMISSIONER MARSH MARSHALLER.

THANK YOU.

UM, I, I THINK ALFREDO LAID IT OUT, UH, CLEARLY IN, IN THAT, UM, THERE WAS AN AMBIGUITY, UH, IN THE GENERAL PARKING REQUIREMENT FOR APARTMENTS.

IT WASN'T CLEAR THAT THE GENERAL REQUIREMENT IS THAT THERE'D BE OFF STREET PARKING.

AND, UH, IT WAS MY OPINION THAT THAT NEEDED TO BE CLEANED UP AS PART OF, OF THE OTHER TEXT AMENDMENTS.

OTHERWISE THERE'D BE A CONTINUING AMBIGUITY AS TO WHEN, UNDER WHICH SITUATIONS, UH, PARKING, UH, UH, COULD HAD TO BE OFF STREET VERSUS ON STREET.

IF YOU READ, IF YOU READ THE ORIGINAL TEXT AND I, I DID NOT BRING MY, MY NOTEBOOK WITH THE COPY OF IT.

IF YOU READ THE ORIGINAL TEXT, TRYING TO GET IT HERE.

THANK YOU, SIR.

EACH APARTMENT STRUCTURE AND OR APARTMENT PARKING AREA.

OKAY.

DOES THE CHILD HAVE PARKING AREAS ON DEDICATED PUBLIC ON A DEDICATED PUBLIC STREET? THAT'S THAT? I DON'T THINK, UH, EVERYONE, AT LEAST IN THE PLANNING DEPARTMENT AGREES THAT, THAT IF YOU READ THAT LITERALLY THAT WASN'T THE INTENTION THAT THE PARKING AREAS BE ON A DEDICATED PUBLIC STREET.

UH, WHAT WAS INTENDED IS THAT THE PARKING AREAS, THE OFF STREET PARKING AREAS BE ON LOCATED ON OR BETTER WORDED FRONTING OR OFF OF A DEDICATED PUBLIC STREET.

SO THIS, UM, AGAIN, THIS WAS INTENDED TO CLEAN UP AN AMBIGUITY THAT WITHOUT CLEANING IT UP WITH POTENTIALLY CREATE A BIG PROBLEM, UH, WITH THE SPECIAL USE PERMIT PROCESS IN, IN THAT SOMEONE WOULD COULD POINT TO THIS AND SAY, WELL, WAIT A MINUTE, YOU CAN'T PUT A CONDITION ON AN SUP REQUIRING ME TO HAVE ALL STREET PARKING.

WHEN THE GENERAL REG SAYS IT CAN BE ON A, ON A DEDICATED PUBLIC STREET.

I APPRECIATE, I APPRECIATE THE GETTING RID OF AMBIGUITY.

MY, MY REMAINING QUESTION IS, DOES SAYING APARTMENT BUILDING INCLUDE CONVERSION CAUSE THAT'S AN AMBIGUITY.

SO, UH, CORRECT ME IF I'M WRONG, BUT MY UNDERSTANDING IS THIS WOULD NOT CHANGE BY RIGHT USES IF WE ARE GOING TO MAKE CONVERSIONS UP TO EIGHT UNITS AND BY RIGHT USE, THEN THIS WOULD NOT NECESSARILY APPLY.

THIS WOULD COME INTO EFFECT.

UM, IF THERE WAS A SPECIAL USE PERMIT, THEY BASICALLY CLEANING UP THE LANGUAGE THAT IS CURRENTLY IN THE CODE TO MAKE IT CLEAR.

BUT IF IT IS A BI-RITE USE THAT IS CURRENTLY EXEMPT, IT WOULD NOT BE, THIS WOULD NOT HAVE BEEN.

SO IF OKAY, YOU WANT TO CLARIFY THAT IF I MAY, IT SHOULD ALSO BE NOTED THAT WE'RE AMENDING THE ENTIRE C2 DISTRICT.

SO EAST MAIN STREET, UM, IN THE EXEMPTION AREA THAT WE DEFINE IS EXEMPT FROM MEETING LADERA AND THE PARKING REQUIREMENTS, BUT WE ALSO HAVE TO KEEP IN MIND THAT THIS APPLIES TO THE GREATER C2 DISTRICT.

SO IN THE CASE THAT IT IS AN APARTMENT DEVELOPMENT, WHERE TO GO ELSEWHERE IN THE DISTRICT, IT SHOULD BE, IT MUST BE CLEAR OUR INTENTIONS WITH THE PARKING FRONTING ON A PUBLIC STREET, BECAUSE IT APPLIES TO THE GREATER C2 DISTRICT, NOT JUST EAST MAIN STREET, ALTHOUGH THE FOCUS IS PRIMARILY ON THIS MAIN STREET.

I, I BELIEVE IT WAS WHEN I ACTUALLY APPLIED TO ALL APARTMENTS IN TOWN, NOT JUST THE C2 DISTRICT, IT'S UNDER THE, THE APARTMENT SECTION.

THAT IS CORRECT.

SO YOU'RE SAYING THAT CON CONVERSIONS BY RIGHT, THIS WOULD NOT APPLY TO THEM, CORRECT.

THE WAY THAT THE ORDINANCE, THE TEXT AMENDMENT THAT WE'RE,

[00:35:01]

UH, CURRENTLY HAVE BEFORE US READS IS THAT A BI-RITE USE WOULD BE TO INCREASE TO CONVERT THE BUILDING INTO UP TO EIGHT UNITS.

OKAY.

SO UP TO EIGHT UNITS, WE DON'T HAVE TO WORRY ABOUT PARKING.

THIS DOES NOT APPLY CORRECT TO UP TO EIGHT UNITS.

OKAY.

THAT'S, THAT'S CLARIFICATION THAT, THAT IS MY UNDERSTANDING.

SO IF, UH, LEGAL COUNSEL WANTS TO CORRECT ME, PLEASE JUMP IN.

I HAD A NOTE THAT IT'S EXEMPT FOR IN THE PARKING EXEMPTION AREA ELSEWHERE IN THE DISTRICT.

YOU'D STILL HAVE TO PROVIDE YOUR, YOUR ADDITIONAL PARK.

ANYTIME YOU ADD A DWELLING UNIT TO ANY BUILDING YOU PROVIDE OFF-STREET PARKING.

RIGHT.

AND IF I MAY, I THINK WE DID CLARIFY THAT WE COULD KEEP, AGAIN, WE KEEP PARKING FOR A SPECIAL USE PERMIT AS A POTENTIAL CONDITION FOR ANYTHING ABOVE EIGHT UNITS, SO, OKAY.

OKAY.

SO SECTION SIX APPLIES TO UP TO EIGHT UNITS.

THANK YOU.

ANY OTHER COMMENTS OR SUGGESTIONS? WELL, AT THE RISK OF MONOPOLIZING, THE CONVERSATION, UH, UH, LINES 80 AND 81, I WOULD LIKE TO PROPOSE AN AMENDMENT.

UM, I THINK 300 SQUARE FEET MIGHT BE A RATHER LARGE JAIL CELL, BUT IT'S A FAIRLY STANDARD HOTEL ROOM.

AND I AM NOT SURE THAT THE KIND OF RENT THAT CAN BE CHARGED FOR A 300 SQUARE FOOT APARTMENT IS GOING TO ATTRACT THE KIND OF UPSCALE TENANTS THAT MAIN STREET BUSINESSES NEED.

SO I WOULD LIKE TO PROPOSE 450 SQUARE FEET AS THE MINIMUM APARTMENT SIZE.

I SO MOVE.

OKAY.

IS THERE A SECOND TO THAT? WELL, I'LL SECOND THAT, THANK YOU, SIR.

OKAY.

ANY MOVE OR THE MOTION I'D LIKE TO GIVE ANY EXPLANATION, ANY ADDITIONAL EXPLANATION? WELL, I THINK ACTUALLY THAT, THAT IT'S OKAY.

THERE'S I USED TO BE ON THE UNITED WAY BOARD AND I WAS VERY AWARE OF THE PROBLEMS WITH APARTMENTS ON MAIN STREET, IN THE C2 AREA AND THE POPULATION THERE OF WHAT UNITED WAY CALLED ALICE, WHICH IS AN ACRONYM, A L I C E ASSET LIMITED INCOME CONSTRAINED, EMPLOYED.

UM, THE FOLKS WHO WERE LIVING IN THE SMALL APARTMENTS ON MAIN STREET WERE THERE BECAUSE THEY DIDN'T HAVE CARS AND THEY NEEDED TO WORK WITHIN WALKING DISTANCE AND THEY WERE INCOME LIMITED ASSET CONSTRAINT, UH, OR ASSET LIMITED INCOME CONSTRAINED, WHATEVER THE ACRONYM WAS, BUT YOU GET THE PICTURE AND I HAVE A GREAT DEAL OF, OF COMPASSION FOR FOLKS LIKE THAT.

AND THEY CERTAINLY NEED A PLACE TO LIVE.

AND I THINK WE SHOULD BE AS A TOWN CAN ADDRESSING THAT NEED.

BUT IF THE GOAL OF ALL OF THIS ACTIVITY IS TO BRING MORE UPSCALE CUSTOMERS TO MAIN STREET IS SHRINKING THE APARTMENT SIZE AND THEREFORE SHRINKING THE PRESUMABLE PRESUMED INCOME OF THE PEOPLE WHO ARE GOING TO LIVE IN HOTEL ROOMS, SIZE APARTMENTS.

IS THAT THE WAY TO DO IT THOUGH? THAT'S MY QUESTION.

AND I WOULD BE HAPPY TO BE CONVINCED THAT I AM BEING TOO SKEPTICAL.

SO GO AHEAD AND CONVINCE ME.

UM, I HAVE HAD ALSO, UH, WAS, UH, CONCERNED ABOUT A 300 SQUARE FOOT APARTMENT.

AND I HAD MENTIONED THAT A LARGER NUMBER TURNED OUT.

I MENTIONED 450 A AT THEIR LAST WORK SESSION.

SO I'M INCLINED TO, UM, SUPPORT THAT I FEEL THAT WOULD BE, UM, PROVIDING A, UM, A LIVING ARRANGEMENT THAT WOULD BE MORE CONDUCIVE TO, UM, UH, PROP BETTER, UH, DEALING WITH, UH, THE LIVING CONDITIONS ON, ON MAIN STREET.

THE 450 SQUARE FEET IS, EXCUSE ME, I BELIEVE ABOUT WHAT THE UNIFORM BUILDING CODE RECOMMENDS FOR THREE PEOPLE FOR THREE OCCUPANTS.

[00:40:02]

AND IF YOU'RE LOOKING TO GET STABILITY ON MAIN STREET, UM, YOU'LL WANT TO BE ABLE TO HOUSE TWO PEOPLE LONG-TERM AND THEY OFTEN TURN INTO THREE PEOPLE.

UM, I MEAN THE ALTAR AND THAT WAY, IT SEEMS TO ME THAT YOU GET YOUNG FAMILIES, YOUNG UPSCALE FOLKS, THEY GOT A NICE LITTLE PAD.

THEY CAN STAY THERE, BUT THEY WANT SOME FRESH AIR.

SO THEY GO STROLLING DOWN MAIN STREET.

AND THAT'S GOOD IF YOU HAVE LITTLE TINY CRAMPED SPACES OCCUPIED BY PEOPLE WHO ARE PAYING LOW RENTS, WHO CAN'T AFFORD TO GO STROLLING DOWN MAIN STREET AND BUYING THINGS, THEY'RE GOING TO HANG OUT ON MAIN STREET AND MAYBE IN ONE OR TWO LOCATIONS AND BE A, NOT WHAT THE FOLKS WHO COME HERE AS TOURISTS ARE HOPING TO SEE.

AND THAT'S MY FEAR IS THAT IF WE, IF WE BRING IN, UH, A, A POPPY, A LARGE, A SIGNIFICANT POPULATION DREAMING EIGHT APARTMENTS, NOT GOING TO BE THE END OF THE WORLD, I GATHER, BUT IT'S, IT'S, WE'RE STARTING SOMETHING.

WHEN WE SAY THIS, IT'S GOING TO CHANGE THE NATURE OF WHO HANGS OUT ON MAIN STREET, AND THAT'S GOING TO AFFECT ALL THE BUSINESSES ON MAIN STREETS, ESPECIALLY ON WEEKENDS.

UM, AND DO WE WANT TO TAKE THAT CHANCE? THAT'S ALL I'M ASKING.

AND I THINK THAT 450 SQUARE FEET GIVES US A LITTLE BIT BETTER PROTECTION FOR THE CLIMATE, THE CHARM, THE ACCESSIBILITY, THE SENSE OF SAFETY, THE SENSE OF NICENESS ON MAIN STREET.

UM, NOW THAT WE'VE GOT, YOU KNOW, SEVERAL PLACES IN TOWN WHERE YOU'VE GOT THE FLASHING MULTI-COLORED NEON LIGHTS, WE DON'T REALLY NEED THOSE ON MAIN STREET AND THEY WOULDN'T REALLY BE AN ASSET ON MAIN STREET.

AND THAT'S THE DIRECTION THAT WE COULD GO IN IF WE GET A WHOLE LOT OF LOWER RENT HOUSING IN THE VICINITY.

OKAY.

THANK YOU.

ANY OTHER COMMENTS ABOUT THE AMENDMENT, IF, UH, ALL GRADE, UM, THE MINIMUM UNIT SIZE, OF COURSE, THIS IS A MINIMUM SIZE, YOU KNOW, THEY, THEY DON'T HAVE TO DO THIS.

THEY CAN HAVE A MIX.

UH, WE'VE DISCUSSED THAT TO WORK SESSION.

IT'D BE NICE TO HAVE A MIXTURE, RIGHT? BECAUSE THERE ARE TIMES WHEN, WHEN 300 SQUARE FOOT IS APPROPRIATE FOR A SINGLE PERSON TO LIVE.

UM, AND THAT'S CURRENTLY WHAT WE HAVE IN THE ORDINANCE RIGHT NOW.

IF, IF WE DON'T MAKE ANY OF THESE CHANGES, APARTMENTS ON MAIN STREET CAN BE A MINIMUM OF 300 SQUARE FEET.

THIS ONE THAT YOU TO BE AWARE OF THAT, UM, BECAUSE WE HAD ORIGINALLY WANTED TO GO TO 600 SQUARE FEET.

IF YOU RECALL, WHEN WE MADE THE, THE FIRST DRAFT, DID THAT COME FROM US OR DID THAT COME FROM US? YES, WE HAD REQUESTED 600 SQUARE FEET.

UH, STAFF AT THE BEHEST OF COUNCIL CHANGED IT BACK TO 300 SQUARE FEET.

SO COUNCIL IS EXPECTING 300 SQUARE FEET, SO WE COULD CHANGE IT TO FOUR 50.

I DON'T HAVE A PROBLEM WITH THAT, BUT THEY COULD VERY WELL CHANGE IT BACK TO 300 IN THEIR ULTIMATE VOTE, OF COURSE.

BUT I THINK ONE OF THE THINGS WE ALSO HAVE TO KEEP IN MIND WITH THE SPECIAL USE IS THAT COULD BE ONE OF THE DETERMINING FACTORS OF WHETHER THAT PARTICULAR APARTMENT BUILDING IS APPROPRIATE FOR THAT USE AND A SPECIAL USE, YOU KNOW, DO ARE ALL OF YOUR APARTMENTS 300 SQUARE FEET, OR IS THERE A MIXTURE OF APARTMENTS? SO THAT COULD BE ONE OF THE LITMUS TESTS THAT WE GIVE IN A SPECIAL USE APPLICATION JUST SAYING, BUT IF WE'RE NOT PUTTING IT IN THE CODE THAT WE'RE, WE'RE NOT PUTTING THE DESIRABILITY OF A MIXTURE IN HERE, I DON'T THINK TONIGHT IS THE TIME TO PUT THE MIXED, THIS IS, EXCUSE ME, THIS IS AS CLOSE AS WE CAN GET TO A BETTER ORDINANCE THAN WHAT WE HAVE.

RIGHT.

I UNDERSTAND THE, THE SENSE OF URGENCY, BUT IF WE DON'T WANT AGAIN, THAT, THAT DO WE HAVE ANOTHER TWO MINUTES TIL 12, WHEN, WHEN, UH, YOU KNOW, THE PUMPKIN HAS ARRIVED, WE, UH, IT'S KIND OF HARD, DIFFICULT TO CHANGE.

I REALIZED THE PROBLEM.

YEAH.

OKAY.

UH, MR. CHAIRMAN WOULD LIKE TO COMMENT TOO.

I THINK THE HESITATION WITH 300 SQUARE FEET IS THINKING ABOUT A POTENTIAL PROJECT THAT HAS NOT BEEN PROPOSED YET.

UM, AND, AND PEOPLE ARE TALKING ABOUT DIFFERENT THINGS.

UM, BUT THINKING ABOUT WHAT MIGHT BE DOESN'T CHANGE, WHAT WE SHOULD BE DOING IN THIS CODE, THIS IS SETTING THE MINIMUM.

AND 300 IS WHAT WE CURRENTLY HAVE

[00:45:01]

INCREASING GETS A FOUR 50 WITH, WITH NO REAL RATIONALE.

OTHER THAN I DON'T LIKE, UH, OTHER THAN THE FEAR OF WHAT MIGHT BE COMING IN IN A PROPOSED PROJECT LATER, I THINK IS MISGUIDED.

UM, I WILL VOTE AGAINST THIS AMENDMENT.

I THINK STICKING WITH THE 300 AS WE CURRENTLY HAVE IN THE CODE.

MAKES SENSE.

UM, AND HAVING, UH, AN ARBITRARY NUMBER, UM, AT, AT THE LAST MINUTE IS A LITTLE RUSHED BY YOU.

I STOPPED THE LAST MINUTE I TALKED ABOUT IT, THE LAST WORKING SESSION.

YEAH.

OKAY.

ANY OTHER COMMENTS? ALL RIGHT.

UH, DID YOU POLL THE COMMISSION, UH, THE, THE AMENDMENT, THE AMENDMENT TO CHANGE YOUR AMENDMENT? NO.

YOU'RE VOTING ON THE AMENDMENT AMENDMENT TO CHANGE FROM 300 TO 400 COMMISSIONER GORDON NOW, VICE CHAIRMAN MARSH NER, YES.

COMMISSIONER INGRAM.

YES.

COMMISSIONER MERCHANT I'LL SUPPORT THE MOTION OR THE AMENDMENT CHAIRMAN JONES.

YES.

OKAY.

THAT A MOTION HAS PASSED.

WE'RE BACK TO THE, UH, I MEAN, THAT AMENDMENT IS PASSED.

SO WE'RE BACK TO THE MAIN MOTION.

NOW, ARE THERE ANY OTHER CONCERNS THAT THE COMMISSIONERS HAVE I'LL CALL FOR THE QUESTION ON THE ORIGINAL MOTION? SECOND QUESTION HAS BEEN CALLED ANYONE OBJECT TO CALLING THE QUESTION.

OKAY.

MS. POTTER, COULD YOU POLL US ON THIS PASSING OF THE, UH, UH, ITEM F R Z O R D A M T 25, 19 DASH 2021.

OKAY.

COMMISSIONER MARSHALL MERCHANT? YES.

CHAIRMAN JONES.

YES.

COMMISSIONER INGRAM? YES.

VICE CHAIRMAN MARSH NOUR, YES.

COMMISSIONER GORDON.

YES.

OKAY.

SO MOTIONS PASSED.

THANK YOU, EVERYBODY WHO PARTICIPATED IN THAT, THE NEXT ITEM OF BUSINESS IS A PUBLIC HEARING ON, UM, ZONING ORDINANCE, TEXT AMENDMENT NUMBER F R A Z O R D A M DASH 28 35 DASH 2021 AND ORDINANCE AMENDMENT TO EASE THE REGULATIONS FOR BED AND BREAKFAST, BNB USES AND RESIDENTIAL DISTRICTS TO PROMOTE TOURISM.

THE PROPOSED AMENDMENT WOULD INCREASE THE PERMITTED NUMBER OF BEDROOMS FROM THREE TO SIX, FOUR LOTS, BETWEEN 0.5 ACRES TO 1.49 ACRES IN AREA.

AND FROM SIX TO 10, FOR LOTS, 1.5 ACRES ARE GREATER IN AREA.

SO I'D LIKE TO OPEN THE PUBLIC HEARING, UH, FOR THIS, UH, ORDINANCE TEXT AMENDMENT AND SEE IF WE HAVE ANYBODY THAT WOULD MAKE, UH, COMMENTS.

I BELIEVE MR. BARNETT HAD INDICATED THAT HE WOULD MAKE COMMENTS.

THANK YOU, MR. CHAIRMAN PLANNING COMMISSION.

UM, WILLIAM BARNETT AT 1115 BUCK MOUNTAIN ROAD, BENTONVILLE, VIRGINIA.

UH, I SPEAK OUT TO SUPPORT THIS AMENDMENT, UH, HAVING IN THE, FROM, UH, IN THE, IN THE EIGHTIES AND NINETIES, I LIVED AT, I LIVED ON CHESTER STREET IN FRONT ROYAL, DIRECTLY ACROSS THE STREET FROM, UH, THE BUILDING WHERE, UM, UH, SOLICH HAS THE LAW FIRM TODAY.

AND THAT WAS A BED AND BREAKFAST WITH, WITH, UH, A NUMBER OF ROOMS THERE.

IT WAS, IT WAS RUN VERY, VERY WELL.

WE HAD, WE ENJOYED BEING ACROSS THE STREET.

THEY WERE VERY GOOD NEIGHBORS AND IT WAS, AND IT WAS FINE.

THEY HAD EVENTS THERE OCCASIONALLY, AND THAT WAS, THAT WAS GOOD.

BUT, UH, SO I WOULD REALLY SUPPORT THIS.

I THINK THAT, UH, IF WE WANT TO SUPPORT TOURISM, WE HAVE TO, WE HAVE TO PROVIDE THE VENUES FOR PEOPLE TO COME AND STAY IN OUR TOWN AND SPEND MONEY AND, AND ENJOY THE BEAUTY THAT WE ENJOY.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

NO OTHER SPEAKER.

OKAY.

I'LL CLOSE THE PUBLIC HEARING AND, UM, SEE WHERE WE STAND AND HOW DO WE FEEL ABOUT THAT? I FELLOW COMMISSIONERS, UH, YOU'RE WELCOME TO MAKE A MOTION,

[00:50:01]

MR. CHAIRMAN.

I'D LIKE TO COMMENT FIRST IF I COULD.

YES.

YOU KNOW ME, UM, I WOULD LIKE TO POINT OUT THAT THE BED AND BREAKFAST ORDINANCE WE HAVE, WE REALLY APPLY IT IN A COUPLE OF DIFFERENT WAYS IN A RESIDENTIAL ZONE.

WE PERMIT BED AND BREAKFAST IS, UH, BY SPECIAL USE PERMIT.

AGAIN, THE SPECIAL USE TO DETERMINE IF THAT USE IS APPROPRIATE FOR THAT RESIDENTIAL NEIGHBORHOOD, A BED AND BREAKFAST AS AN ACCESSORY USE, IT IS NOT THE PRIMARY USE OF A PIECE OF PROPERTY, WHICH IS WHY WE REQUIRE OWNER OCCUPATION OF SAID, UH, FACILITY, UH, IN THE COMMERCIAL ZONE.

IT'S, IT'S A BI-RITE USE.

I BELIEVE.

SO THAT'S PERMITTED UNDER THESE REGULATIONS.

THE CURRENT ORDINANCE, UH, WAS MODIFIED.

WE USED TO BACK IN 2010, ONLY HAVE ONE LOT REQUIREMENT FOR A BED AND BREAKFAST, WHICH IS 1.5 ACRES BECAUSE I'D HAPPENED TO BE THE SMALLEST LOT THAT WAS CURRENTLY OCCUPIED BY A BED AND BREAKFAST AT THAT TIME.

UM, OTHER PEOPLE HAVE COME FORWARD SINCE THEN SAYING, WELL, YOU KNOW, I HAVE A MUCH SMALLER LOT, BUT I SAID, I'D LIKE TO DO A BED AND BREAKFAST.

SO WE PUT THE LOWER SCALE OF A HALF ACRE OF LAND BEFORE YOU CAN EVEN CONSIDER A BED AND BREAKFAST WITH A MAXIMUM OF THREE.

UH, THIS ORDINANCE SEEKS TO CHANGE THAT THAT HALF ACRE FROM THREE TO SIX, AND THEN FROM AN ACRE AND A HALF UP TO A MAXIMUM OF 10, WHICH OUR CODE ALREADY ALLOWS, OR OUR ORDINANCE ALREADY ALLOWS.

UM, ONE THING WE CAN CONSIDER IN THE RESIDENTIAL ZONE IN THE, UM, UH, SPECIAL USE PROCESS IS THAT HE WILL AGREE.

THERE'S A, UH, AN ACRE OF LAND DIFFERENCE BETWEEN THE 0.5 AND THE 1.5.

SO INCREASING FROM THREE TO SIX WOULD PROBABLY BE APPROPRIATE FOR SOMETHING THAT'S 1.4 ACRES, NOT QUITE THE 1.5 TO BE ALLOWED UP TO 10, BUT OBVIOUSLY WITH THAT MUCH LAND, BECAUSE MY PRIMARY CONCERN OF A BED AND BREAKFAST IS PARKING.

AND THE ABILITY TO SHIELD PARKING FROM YOUR NEIGHBORS A HALF ACRE LOT BACK WHEN WE DISCUSSED THAT IN 2010, WE REALLY FELT THAT WAS ABOUT THE MAXIMUM THAT A HALF ACRE LOT COULD HOLD AT AT MAXIMUM CAPACITY, UH, AT THAT TIME.

SO I'M NOT OPPOSED TO THIS ORDINANCE, JUST FOR THE SIMPLE FACT UNDER THE SPECIAL USE, WE COULD APPLY SOME TYPE OF SLIDING SCALE THAT IF YOU HAVE, YOU KNOW, A HALF ACRE, YOU'RE ONLY, YOU KNOW, W WE CONSIDER ONLY THREE UNITS TO BE APPROPRIATE, OR THERE MAY BE CASES WHERE, WHERE SIX WOULD BE APPROPRIATE ON A HALF ACRE, BUT THAT SHOULD BE THE RESPONSIBILITY OF THE PROPERTY OWNER TO PROVE TO US THAT THIS IS AN APPROPRIATE USE IN THAT ZONE.

SO I HAVE NO PROBLEM GIVING US SOME MORE LEEWAY, ESPECIALLY FOR THOSE PEOPLE THAT HAVE MORE THAN A HALF ACRE, YOU KNOW, THAT ARE MAYBE 1.2 ACRES AND FEEL, UH, RESTRICTED BY THIS.

SO AGAIN, THE SPECIAL USE IN A RESIDENTIAL ZONE GIVES US THE AUTHORITY AND THE, THE OPPORTUNITY TO PROPERLY EVALUATE THEIR APPLICATION.

THANK YOU.

UH, MR. CHAIRMAN, YES.

POINT OF CLARIFICATION.

WHAT IS THE, UM, I GUESS, GENESIS OF THIS TEXT AMENDMENT, I BELIEVE PREVIOUS, UH, PLANNING STAFF HAD INDICATED TEXT AMENDMENT HAD TO BE INITIATED BY TOWN COUNCIL.

UM, AND I KNOW I NOTED, UM, FOR OUR PREVIOUS, UH, ORDINANCE TEXT AMENDMENT THAT WE WERE LOOKING AT, UH, THAT WAS A BY A RESOLUTION.

UM, AND, AND THIS ONE IS NOT, THAT WAS WONDERING IF EXCELLENT POINT IF THIS IS READY FOR US OR NOT.

WELL, OKAY.

I UNDERSTAND THAT THE, UH, THE COUNCIL HAD TAKEN THAT ACTION, BUT PERHAPS YEAH, THE TOWN COUNCIL TOOK THAT ACTION AT THE, UM, WAS IT THE LAST WORK SESSION THEY PROVIDED US WITH? I THINK I HANDED IT TO YOU WITH A DRAFT.

UM, SO THEY INITIATED THIS, WE MADE THE CHANGES.

IT'S NICE PUBLIC HEARING.

THEY WILL VOTE ON IT ON THE, AT THE MONDAY MEETING ON THE 23RD.

OKAY.

OKAY.

THANK YOU.

ANY OTHER COMMENTS? OKAY.

CAN WE, CAN WE HAVE A MOTION? NO, I WILL.

I, I WILL BE HAPPY TO MOVE TO ADOPT THE AGENDA ITEM.

F R A Z O R D A M 2 8 3 5 DASH 2 0 2 1 A TEXT AMENDMENT TO THE

[00:55:01]

BNB REGULATIONS IN THE RESIDENTIAL ZONING DISTRICTS IN THE FRONT ROW ZONING OFFICE, UH, RECOMMENDED APPROVAL TO THE TOWN COUNCIL, UH, OF THAT.

OKAY.

ALL RIGHT.

IS THERE A SECOND? A SECOND.

OKAY.

IT'S BEEN MOVED AND SECONDED.

UM, WE'VE HAD OUR DISCUSSION.

SO IF YOU POLL THE COMMISSION POLICE COMMISSIONER INGRAM.

YES.

CHAIRMAN JONES.

YES.

COMMISSIONER GORDON.

YES.

COMMISSIONER MERCHANT.

YES.

VICE CHAIRMAN MARSH NER.

YES.

OKAY.

WELL THE MOTION PASSED.

THANK YOU.

UH, NEXT ITEM IS CONSENT AGENDA.

WE HAVE NONE OLD BUSINESS.

WE

[VIII. NEW BUSINESS]

HAVE NONE NEW BUSINESS.

WE HAVE NONE.

ACTUALLY WE DO HAVE NEW BUSINESS.

WE DO HAVE NEW BUSINESS REAL QUICK, ONE NUMBER OR SOMETHING.

MY ORIGINAL ONE WHO SAID NOTHING, BUT GO AHEAD, MAKING SOME CHANGES ON THE FLY HERE.

UM, WE WILL, OR WE HAVE RECEIVED, UM, THREE APPLICATIONS, WHICH YOU GUYS WILL NEED TO REVIEW.

SO WE HAVE TWO SPECIAL EXCEPTIONS AND A SPECIAL USE PERMIT THAT WILL BE COMING BEFORE YOU GUYS IN SEPTEMBER.

SO IF YOU GUYS WOULD LIKE TO GO AHEAD AND SCHEDULE A WORK SESSION, UM, WE CAN SCHEDULE IT FOR SEPTEMBER 8TH.

UM, AND THEN THE PUBLIC HEARING WOULD BE SEPTEMBER 15TH IF YOU'RE AMENABLE TO THAT.

OKAY.

UM, WHAT WAS THAT WEEK BEFORE THAT? SEPTEMBER 8TH? YUP.

WOULD BE A POTENTIAL WORK SESSION.

YEAH, I CANNOT DO IT.

UM, YOU'RE AVAILABLE.

UH, WE HAVE ONE PERSON WHO CAN'T MAKE IT, UM, UH, JUST, JUST TO, WHAT ABOUT THE WEEK BEFORE THAT? SEPTEMBER 1ST.

OKAY.

YEP.

WE'LL START PRETTY READY BY THE FIRST STAFF IS IN, IS TRYING TO PREPARE THE STAFF REPORTS AND GET EVERYTHING READY.

SO WE WOULD APPRECIATE ADDITIONAL TIME.

OKAY.

STAFF LIKES SEPTEMBER 8TH IS A WEDNESDAY.

THE ONLY TIME WE CAN HAVE A WORKING SESSION PUBLIC HEARING IS AT THE 20TH SECOND.

HUH? THE POTENTIAL PUBLIC HEARING WOULD BE ON THE, COULD BE THE 15TH OF SEPTEMBER.

SO I'M WAS THINKING IF YOU GUYS HAD THE WEEK BEFORE, BUT 7TH OF SEPTEMBER, YOU CAN, THERE'S SOMETHING WAS GOING ON.

I'M JUST TRYING TO THINK.

I WANT TO SAY IT'S ON THE 27TH.

OKAY.

AND THEN THE SEVEN SHOULD.

YEP.

IT'S IF IT'S IN YOUR BYLAWS THAT YOU CAN HAVE IT ON A DIFFERENT DAY OF THE WEEK, WE CAN SET ANY DAY OF THE WEEK THAT WORKS FOR YOU.

WELL, IF, IF DID HE GIVE YOU THE HEADS UP? UM, AND WE'VE GOT, WE WOULD HAVE TO POTENTIALLY PUBLISH ADS BY AUGUST 27TH.

SO I WANTED TO RIGHT.

WELL, UM, IF, IF I WOULD LIKE TO HAVE US HAVE A MEETING THAT EVERYONE CAN ATTEND IF POSSIBLE.

UM, AND AS FAR AS I KNOW, UH, I'M AVAILABLE THEN, UM, ON THE TUESDAY, TUESDAYS ARE NOT A GREAT DAY FOR ME, PRETTY MUCH ANY OTHER DAYS.

OKAY.

JULIE HERE, LABOR DAY.

WHAT ABOUT THURSDAY, THURSDAY? UM, WE CAN, WE CAN BE DONE.

I COULD DO THURSDAY CAN, OKAY.

EVERYBODY CAN DO THURSDAY.

CAN YOU KNOW THAT THURSDAY, THURSDAY, THE SECOND OR THE NINTH? NINTH.

CAN YOU GUYS DO A VOTE ON THAT OR YOU DON'T NEED TO VOTE.

OKAY.

OKAY.

SO THURSDAY, THE NINTH WE'LL HAVE A WORK SESSION OR TWO SPECIAL EXCEPTIONS AND A SPECIAL USE PERMIT.

NO, WE USUALLY HAVE WORK SESSIONS AT SIX.

IS THAT WHAT WE WANT TO DO THIS TIME? WE CAN DO IT AT SIX.

WE CAN DO IT.

YEAH.

OKAY.

SIX O'CLOCK ON THE NINTH.

OKAY.

AYE, APPRECIATE EVERYONE'S UH, COOPERATION THAT I THINK WE'RE MAKING SOME GOOD PROGRESS.

UM,

[IX. COMMISSION MEMBER REPORTS]

ANY, UH, ANY, UH, COMMISSION MEMBER I REPORTS? NOPE.

THEN I WOULD

[01:00:01]

ENTERTAIN A MOTION TO ADJOURN.

OKAY.

UH, ALL THOSE IN FAVOR, SAY AYE.

AYE.

OKAY.