[00:00:01]
[I. CALL TO ORDER]
CALL THE MEETING TO ORDER, UH, THE 15, JUNE, 2022, THE REGULAR MEETING OF THE FRONT ROW OF PLANNING COMMISSION.UM, MS. POTTER, COULD YOU DO A ROLL CALL TO DETERMINE A QUORUM CHAIRMAN MERCHANT HERE? VICE CHAIRMAN, GORDON COMMISSIONER JONES HERE, COMMISSIONER MARSH NER HERE, COMMISSIONER INGRAM.
HERE WE HAVE A QUORUM SO WE CAN PROCEED.
OUR FIRST ITEM OF BUSINESS TONIGHT, UH, IS NOT ON THE AGENDA.
IT WILL BE, UH, A REQUEST TO ADD AN ITEM TO THE AGENDA.
UH, THE PLANNING DIRECTOR CAN JUST BRIEFLY EXPLAIN WHAT'S GOING ON.
IT'S A SPECIAL USE PERMIT APPLICATION FOR THE CONVERSION OF A GROUND FLOOR COMMERCIAL AREA INTO TWO APARTMENTS.
AND WE HAD, WE LEFT IT OFF THE AGENDA.
IT'S MY UNDERSTANDING THAT THIS IS JUST FOR THE AUTHORIZATION TO PROCEED TO ADVERTISE.
WE WILL BE VIEWING THIS IN FULL AT OUR JULY THE SIXTH WORK SESSION.
IS THAT CORRECT? THAT IS CORRECT.
SO IN THE NORMAL, UH, SITUATION, WE, UH, OR THEY CHAIR WILL MEET WITH THE PLANNING DIRECTOR TO DETERMINE ITEMS THAT GO ON OUR CONSENT AGENDA FOR CONSENT TO MOVE FORWARD WITH ADVERTISING.
UH, THE APPLICATION IS COMPLETE AND, UH, AT LEAST READY TO GO FOR US TO REVIEW AT A WORK SESSION.
UM, IF YOU WOULD LIKE TO ADD IT TO THE CONSENT AGENDA NOW IS THE TIME TO DO THAT.
WELL, I'LL GO AHEAD AND MOVE TO ADD IT TO THE CONSENT AGENDA.
SECOND, WE HAVE A MOTION AND A SECOND TO ADD SPECIAL USE PERMIT REQUEST NUMBER 2, 2 0 0 1 0 1, UH, LOCATED AT SIX 50 WEST 11TH STREET TO THE CONSENT AGENDA.
WOULD YOU CALL ROLL CALL VOTE ON THIS PLACE? VICE CHAIRMAN GORDON.
CHAIRMAN MERCHANT COMMISSIONER JONES.
SO WE WILL ADD THAT TO OUR CONSENT AGENDA, WHICH IS ITEM FIVE ON OUR REGULAR AGENDA TONIGHT.
THE NEXT ORDER OF BUSINESS IS THE APPROVAL
[III. APPROVAL OF MINUTES]
OF MINUTES FROM OUR MAY 18TH, 2022 MEETING.DO I HAVE A MOTION MS. CHAIRMAN AND MAKE A MOTION THAT WE APPROVE THE MINUTES FROM THE MAY 18TH, 2022 MEETING.
SECOND, WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES OF MAY 18TH, 2020 TO OUR REGULAR MEETING.
UH, WE'LL DO A VOICE VOTE ON THIS.
UM, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
THE MOTION TO APPROVE THE MINUTES OF MAY 18TH, UH, AS APPROVED AT THIS TIME IN OUR MEETING, WE OPEN THE FLOOR UP TO ANY CITIZEN THAT HAS ANY, UH, COMMENTS ABOUT ANY LAND USE ISSUES AND TOWN OF FRONT ROYAL.
THIS IS NOT FOR ANY ITEM THAT IS ON THE PUBLIC HEARING.
AND WE HAVE A SEPARATE SECTION OF OUR AGENDA FOR THAT.
SO IF THERE'S ANY CITIZEN IN HERE THAT WISHES TO SPEAK TO THE PLANNING COMMISSION REGARDING LAND USE ZONING OR SUBDIVISION ISSUE, UH, PLEASE COME FORWARD.
CALL FOR THE CITIZEN COMMENT SECTION SAYING NO ONE WILL MOVE TO THE NEXT ITEM.
[V. CONSENT AGENDA]
ITEM FIVE ON THE AGENDA.TONIGHT IS OUR CONSENT AGENDA OF WHICH WE HAVE FOUR ITEMS. THIS CONSENT IS FOR AUTHORIZATION TO PROCEED, TO ADVERTISE FOR A PUBLIC HEARING.
WE WILL REVIEWING THESE ITEMS AT OUR TWO LIVE, THE SIXTH WORK SESSION, AND WE WILL HAVE A PUBLIC HEARING ON THESE ITEMS ON JULY THE 20TH.
DO I HAVE A MOTION? OH, OH YEAH.
I'LL MOVE TO APPROVE THE CONSENT AGENDA.
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SECOND, WE HAVE A MOTION AND A SECOND.COMMISSIONER MARSH, NER VICE CHAIRMAN.
THE CONSENT AGENDA IS APPROVED AND WE WILL MOVE FORWARD WITH THOSE ADVERTISEMENTS
[VI. PUBLIC HEARINGS]
ITEM SIX TO NINE ON OUR AGENDA.WE HAVE THREE PUBLIC HEARINGS.
THE FIRST, I WANT TO SAY A FEW COMMENTS ABOUT, UH, THE CONDUCT AT A PUBLIC HEARING.
UH, THIS IS THE OPPORTUNITY FOR CITIZENS AND THE APPLICANT TO, UH, COMMENT ON THE ITEMS BEFORE US TONIGHT.
THE, WE ASKED THAT AS YOU SPEAK THAT YOU DIRECT ALL YOUR COMMENTS TO PLANNING COMMISSION DO NOT, UH, DIRECT ANY COMMENTS, EITHER NEGATIVE OR POSITIVE TO ANY STAFF MEMBER, A APPLICANT OR ANY PERSON IN THE ROOM.
UM, THE PUBLIC HEARING IS A VERY IMPORTANT PART OF WHAT THE TOWN COUNCIL AND THE PLANET COMMISSION, UH, THE WORK THAT WE DO, UH, IT IS IMPORTANT THAT WE HEAR FROM YOU AND WE WILL GIVE YOU THE OPPORTUNITY TO SPEAK ON THESE ITEMS, OUR ORDER OF BUSINESS ON EACH ITEM TONIGHT, WE WILL FIRST HEAR A REPORT FROM OUR PLANNING DIRECTOR REGARDING THE STAFF REPORT.
WE WILL THEN ALLOW THE APPLICANT.
IF THEY ARE HERE TO MAKE A SHORT PRESENTATION, THEN WE WILL OPEN UP THE PUBLIC HEARING AND ALLOW THOSE PEOPLE THAT HAVE SIGNED UP, UH, TO SPEAK.
UH, YOU WILL HAVE A LIMIT OF THREE MINUTES TO, UH, MAKE YOUR POINT AND TO DISCUSS THIS ITEM.
UM, AS FAR AS WHETHER THE LAND USE IS APPROPRIATE, UH, AND OUR COMMUNITY, THAT IS THE WHOLE PURPOSE OF A PUBLIC HEARING.
SO, UH, PLEASE KEEP THAT IN MIND AS WE GO THROUGHOUT OUR MEETING TONIGHT, UH, PLANNING DIRECTOR, COULD YOU BRING US UP TO SPEED ON THE SPECIAL USE PERMIT FOR HIGHQ PROPERTIES, LLC NUMBER 0 0 3 0 8 7 DASH 2 0 2 2.
GOOD AFTERNOON OR EVENING CHAIRMAN.
THIS IS A SPECIAL USE APPLIQUE SPECIAL USE PERMIT APPLICATION SUBMITTED BY AARON HIKE TO OPERATE A SHORT-TERM RENTAL LOCATED AT 2 0 1 EAST MAIN STREET.
THE PROPERTY IS ZONED C2 AND LOCATED IN THE TOWN'S HISTORIC DISTRICT AND THE FLOOD PLAIN, UH, THE PROPERTY IS NOT BEING USED AS A PRIMARY RESIDENCE.
THE LOWER LEVEL OF THE STRUCTURE IS CURRENTLY OPERATING AS RETAIL BUSINESS.
THE PROPOSED SHORT-TERM RENTAL WILL OCCUPY THE UPPER LEVEL AND THERE ARE DESIGNATED PARKING SPOTS AND THE REAR OF THE PROPERTY AS THE APPLICANT.
DOES APPLICANT WISH TO SPEAK AS THE APPLICANT HERE TONIGHT? UNFORTUNATELY.
ARE YOU GOING TO SPEAK ON THE APPLICANT'S BEHALF? ARE YOU GOING TO BE A PUBLIC COMMENT SINCE WE'LL OPEN A PUBLIC HEARING? UH, AGAIN, THIS IS FOR SPECIAL USE PERMIT NUMBER 0 0 3 0 6 9 DASH 2 0 2 2 A 1 0 8 VIRGINIA AVENUE, THE CONVERSION TO A SHORT-TERM RENT HOME.
OUR FIRST SPEAKER TONIGHT WILL BE VIVIANO RODRIGUEZ.
IS THAT FOR AARON? MR. MR. CHAIRMAN, HOW ARE WE GOING IN ORDER? ARE WE IN THE CORRECT ORDER ON THE AGENDA? EXCUSE ME.
WE, WE GOT ON THE WRONG AGENDA THERE.
THAT'S WHY I GOT GOOD PEOPLE HERE TO KEEP ME IN LINE.
IS THERE ANYBODY HERE THAT WISHES TO SPEAK TONIGHT ON THE SHORT-TERM RENTAL, UH, BY MR. AARON HEIGHT OR HEIGHT PROPERTIES, LLC LOCATED AT 2 0 1 EAST MAIN STREET.
IS THERE ANYONE HERE THAT WISHES TO SPEAK SECOND, CALL ANYBODY WISH TO SPEAK ON THE HIKE PROPERTIES, LLC.
SHORT-TERM RENTAL REQUEST THIRD AND FINAL CALL.
WE'LL CLOSE THE PUBLIC HEARING AT THIS POINT.
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UH, COMMISSIONERS, IF YOU HAVE ANY QUESTIONS OF STAFF REGARDING THIS ITEM, UH, NOW IS A TIME FOR, UM, FOR CONSIDERATION MR. CHAIRMAN, COULD I ASK YOU A QUESTION? YOU HAVE THE FLOOR.UM, THIS, THIS IS A GLITCH ON OUR FAULT THAT IN THE APPLICATION IN THE APPLICANT, CAN YOU HEAR ME? OH, STAY AWAY FROM THAT.
WE ASKED FOR EMERGENCY EVACUATION INSTRUCTIONS, UH, TO BE TURNED BY TURN DIRECTIONS TO A MAJOR HIGHWAY.
WILL THERE ALSO BE EVACUATION INSTRUCTIONS IN THE BUILDING? THEY, THEY FULFILL THE REQUEST THAT WE'VE GIVEN THEM, BUT WILL THERE ALSO BE EVACUATION INSTRUCTIONS INSIDE THE BUILDING? YES, THERE WILL BE.
UM, MR. CHAIR, WE HAD A QUESTION PREVIOUSLY FOR STAFF ABOUT PARKING AND, UM, I KNOW THERE ARE SPACES IN THE BACK OF THE BUILDING, BUT IS THERE AN ANSWER ON IF THOSE WILL BE DESIGNATED FOR THE SHORT TERM RENTAL? UM, AND IF SO, IS THAT SIGNAGE? HOW IS HE HANDLING THAT? HE, UM, TO MY KNOWLEDGE HAS PUT UP A SIGN THAT SAID, UM, HE HAS NOT PUT UP THE SIGN YET THAT SAYS DESIGNATED PARKING, BUT HE WILL BE WORKING THROUGH THAT PROCESS WITH OUR OFFICE, JUST FOR A SMALL PARKING SIDE.
ANY OTHER QUESTIONS OF STAFF, HER COMMENTS ENTERTAIN A MOTION.
UM, MR. CHAIR, I MOVE THAT THE PLANNING COMMISSION RECOMMEND FOR APPROVAL.
UM, APPLICATION NUMBER F R S P U 0 0 3 0 8 7 DASH 2 0 2 2.
UH, WITH THE CONDITION THAT, UM, PARKING IS DESIGNATED WITH, UM, SIGNAGE.
WELL, THE CLERK CALL ROLL ON THIS VOTE AND PLEASE VICE CHAIRMAN GORDON.
COMMISSION OR EXCUSE ME, CHAIRMAN MERCHANT.
WE WILL FORWARD OUR RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL.
OUR NEXT PUBLIC HEARING WILL BE FOR A SPECIAL USE PERMIT REQUEST NUMBER 0 0 3 0 6 9 DASH 2 0 2 2 A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A SHORT-TERM RENTAL LOCATED AT 1 0 8 VIRGINIA AVENUE.
UH, WHILE THE PLANNING DIRECTOR, UH, GIVE US A UPDATE ON THE STAFF REPORT.
UH, THE APPLICANT BRIDGETTE SCANLAN SUBMITTED A REQUEST TO PERMIT THE SHORT-TERM RENTAL LOCATED AT 1 0 8 VIRGINIA AVENUE.
THE PROPERTY IS LOCATED IN THE R THREE ZONING DISTRICT AND THE TOWN'S HISTORIC DISTRICT.
THIS IS NOT A PRIMARY RESIDENCE.
THIS HAS BEEN OPERATING AS A SHORT-TERM RENTAL FOR AT LEAST A YEAR.
THERE ARE FOUR BEDROOMS, TWO ARE PROPOSED TO BE RENTED OUT.
UM, THE OCCUPANCY WILL NOT EXCEED FOUR OCCUPANTS.
UH, THERE IS PARKING AVAILABLE ONSITE AND IT STAFF CONDUCTED AN INSPECTION MAY 3RD AND CONFIRMS THAT ALL ASPECTS OF THE MANAGEMENT PLAN AND ZONING ORDINANCE HAVE BEEN COMPLIED WITH.
AND THIS PROPERTY IS LOCATED IN A RESIDENTIAL ZONE, CORRECT? YEAH.
ARTHUR, WOULD THE APPLICANT LIKE TO SPEAK, UM, AT THIS TIME WE'LL OPEN THIS HEARING TO THE PUBLIC.
SO FOR FRONT ROLLS, SPECIAL USE PERMIT APPLICATION NUMBER 0 0 3 0 6 9 2 DASH TWO TWO FOR 1 0 8 VIRGINIA
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AVENUE, OUR FIRST SPEAKER TO SIGN UP AS MR. RODRIGUEZ.THANK YOU FOR THE INCONVENIENCE THERE.
AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I LIVE AT 1 0 2 WEST FIRST STREET, JUST RIGHT ACROSS THE STREET FROM THE REQUEST PERMIT.
I'M A PSYCHOLOGIST AND I'VE WORKED FOR THE FEDERAL GOVERNMENT GOING ON 30 YEARS BECAUSE OF COVID.
WE HAVE, WE'VE BEEN BLESSED WITH SIX WONDERFUL CHILDREN AND MY WIFE HOMESCHOOLS OUR KIDS.
UM, AND SO AT TIMES WE HAVE CLOSE TO 15 TO 20 KIDS PLAYING OUTSIDE.
THAT BEING SAID, THERE'S A PROBLEM WITH THIS PARTICULAR APPLICATION BECAUSE OF ITS UNIQUE LOCATION.
FIRST OF ALL, IT HAS A VERY SMALL DRIVEWAY.
SO IF YOU HAVE LOTS OF CARS, YOU CAN'T DO A, YOU KNOW, YOU'LL, CAN'T DO A U-TURN, YOU'LL HAVE TO GO IN THE DRIVEWAY, COME OUT ONTO FIRST STREET AS WELL.
THE, THE MAIN STREET OFF OF THE HOUSE IS FIRST STREET.
WE'VE HAD ISSUES IN THE PAST WHERE WE'VE HAD PEOPLE PARK ON THE LEFT, PARKING LEFT ON THE RIGHT, GOING IN DIFFERENT DIRECTIONS.
AND BECAUSE THEY WERE SO CLOSE TOGETHER, IT HAS ACTUALLY STOPPED TRAFFIC.
AND THIS HAS HAPPENED A NUMBER OF TIMES.
IT'S A VERY NARROW STREET AS WELL, COMING DOWN FIRST STREET, WHEN YOU'RE GOING FROM WEST TO EAST DOWN FIRST STREET, DOWN THE HILL, AND YOU ARE LOOKING AT YOUR LINE OF VERSION VISION TO SEE, OKAY, FIRST OF ALL, UM, AM I GOING TO PROCEED ON FORWARD OR I'M GOING TO MAKE A LEFT ONTO VIRGINIA AVENUE.
SO YOU NEED TO, YOUR LINE OF VISION NEEDS TO BE CLEAR IN YOUR FRONT AND ALL AS WELL TO YOUR LEFT.
AND SO IF YOU HAVE PARKING ON FIRST AVENUE AND IT HAPPENS EVERY SO OFTEN, THEN THE LINE OF VISION IS GOING TO BE UP SCREWED UP FOR THOSE DRIVERS.
AND SO THAT IS A POTENTIAL ACCIDENT.
AND FOR THOSE THAT ARE NOT USED TO THE THREE-WAY INTERSECTION AND THE NARROWNESS OF FIRST STREET, THIS COULD CAUSE AN ACCIDENT I'M WORKING IN THAT, UH, IN THE ATTIC AT, FROM HOME ALL THE TIME.
I SEE WHAT'S GOING ON OUT THERE.
SO I'M ALWAYS SEEING WHAT'S GOING ON.
AND ONCE AGAIN, IT'S A VERY NARROW STREAM AS WELL.
THIS RESIDENT IS NOT BUILT FOR RECREATION.
THE BACKYARD IS A CARPORT, YOU KNOW? SO I THINK THAT IS CONCERNED BECAUSE IF I KNOW IF I WAS RUNNING A HOUSE, I'VE NEVER DONE AN AIRBNB.
I'VE ALWAYS STAYED IN HOTELS THOUGH.
HEY, LET'S GO UP TO THE MOUNTAINS WHEN WE COME BACK, LET'S GO AHEAD.
GET THE KID OUT, KIDS OUTSIDE.
SO ADDITIONAL THINGS TO TAKE INTO CONSIDERATION IS A PERFECT PROVING.
THIS PERMIT ESTABLISH IN A PRECEDENCE.
AS YOU HEARD THE OWNER, DOES IT EVEN LIVE IN FRONT ROYAL COVER FROM ALEXANDER MYSELF, WE MOVED HERE BECAUSE OF THE STRONG CATHOLIC HOMES GOING COMMUNITY.
THERE'S NO OTHER PLACES LIKE THIS.
SO THAT BEING SAID, THE OWNER DOES NOT LIVE HERE IN FRONT ROYAL.
IT SEEMED IT'S ESTABLISHING A PRECEDENCE FOR OTHERS OUTSIDE THE BUYER PROPERTIES AND TURN THEM INTO AIRBNBS.
THAT'S WHAT'S HAPPENING HERE AS WELL.
THE PRIMARY RESIDENCE HAS BEEN RENTING IT OUT FOR ONE YEAR.
HEY, I'M RIGHT ACROSS THE STREET, COME AND TELL ME YOU'RE GOING TO RENT IT OUT.
WE'VE HAD NUMEROUS INCIDENT HAPPENED THERE.
WHY CELL STUFF GOING ON? HOW TO SHIELD MY CHILDREN.
I DON'T HAVE TIME TO TALK ABOUT THAT, BUT MY GOSH, WHERE'S THE DECENCY.
HEY, WE'RE GOING TO RENT THIS OUT FOR ONE YEAR.
AND ACCIDENT IS ONE OR TWO OR THREE WEEKS, WHOLE YEAR.
ARE THERE ANY RAMIFICATION FOR A PERSON DOING THIS ILLEGALLY FOR ONE YEAR? I'M A PRIMARY RESIDENCE.
I'M LIKE, SAY, HEY, WHO HAS PRECEDENCE HERE? A PERSON THAT LIVES IN ALEXANDRIA OR, OKAY.
AND PLEASE CONSIDER ALL THOSE CIRCUMSTANCES.
THIS IS A VERY BEAUTIFUL PLACE.
I NEVER THOUGHT BEING FROM THE WEST COAST, I WOULD WIND UP PERMANENTLY ON THE EAST COAST, BUT WE ARE HERE PERMANENTLY.
OUR NEXT SPEAKER IS SIGNED UP MR. HOLLAND DANIELS.
[00:20:16]
UH, HELLO, MIKE RECORD, SIR.YES, HOLLAND DANIEL'S 1 22 WEST FIRST STREET.
I DIDN'T INTEND TO SPEAK, BUT MAYBE A SPECIAL, GOOD THAT I DID.
MR. RODRIGUEZ SAYS HE LIVES RIGHT DOWN THE STREET FROM US.
ALL I CAN SAY IS WE'VE BEEN LIVING AT THAT ADDRESS SINCE 1984.
THERE'S BEEN THREE OWNERS OF THAT PROPERTY ON THE CORNER OF VIRGINIA AVENUE AND THEY'VE ALL BEEN GOOD NEIGHBORS.
ALL I CAN SAY IS HAVE ANY OF THE OWNERS THAT HAVE BEEN THERE, BRIDGET HAS DONE MORE TO IMPROVE THE PROPERTY.
AS FAR AS, UH, MAINTENANCE, PAINTING, ROOFING, AIR CONDITIONING, PLUMBING, EVERYTHING SHE'S DONE EVERYTHING THERE.
I DON'T THINK HER RENTAL IS YEAR ROUND.
I BELIEVE IT WAS MAY THROUGH OCTOBER.
I DO KNOW I MET SOME OF HER, UH, GUESTS LAST YEAR.
I FOUND THEM ALL ON WHAT I SAW AND INTERACTED WITH VERY GOOD AND VERY, VERY LIKABLE PEOPLE.
I REALLY CAN'T ADDRESS ALL OF THAT CAUSE I'M NOT FAMILIAR WITH IT.
BUT, UH, AGAIN, SHE'S A GOOD PROPERTY OWNER MAINTAINED HER PROPERTIES AS FAR AS THE PERMITS AND THE USE OF THAT PARTICULAR PROPERTY IS SOMETHING THAT I REALLY CAN'T SAY.
THAT'S UP FOR YOU GUYS TO SAY IF IT'S APPROPRIATE OR NOT.
YES, OUR NEXT SPEAKER WILL BE MR. BRUCE RAPPAPORT.
I'M BRUCE RAPPAPORT, 300 WEST MAIN STREET, FRONT ROYAL, VIRGINIA, VIRGINIA, UH, REGARDING THE, UH, THE, UH, 1 0 8 VIRGINIA AVENUE.
UH, THE, I KNOW IT'S R THREE, BUT, UM, MY FAMILY HAS A HISTORY HERE OF ABOUT 91 YEARS AND UH, THAT AREA HAS ALWAYS BEEN PRETTY MUCH SINGLE FAMILY FAMILIES THAT HAD KIDS.
AND, UH, I CAN UNDERSTAND WHERE MR. RODRIGUEZ IS COMING FROM.
UH, YOU, YOU GET IN A SITUATION SOMETIMES.
I, I KNOW YOU HAVE A BI-RITE SITUATION, BUT, UM, UH, YOU'RE SURROUNDED BY A SINGLE FAMILY RESIDENCE.
THERE'S A LOT OF KIDS IN THE NEIGHBORHOOD, UH, THERE'S SCHOOLS NEARBY, UH, THERE'S CHURCHES NEARBY AND THAT TRANSIENT ASPECT OF FOLKS NOT BEING PERMANENT RESIDENCE, UH, AROUND, UH, KIND OF MAKES ME FEEL A LITTLE BIT UNCOMFORTABLE ON THE FIREWORK PARENT.
UH, IT ALSO TAKES AWAY RESIDENTIAL OPPORTUNITIES FROM PEOPLE WHO WOULD WANT TO LIVE THERE PERMANENTLY, WHICH WE KNOW WE HAVE A HOUSING SHORTAGE FOR PEOPLE THAT WANT TO RAISE THEIR FAMILIES IN TOWN.
SO GIVEN THE AGE OF THE NEIGHBORHOOD AND, AND THE FOLKS, UH, THAT ARE SINGLE FAMILY OWNERS, IF YOU WILL, EVEN THOUGH IT'S R THREE, I WOULD SUGGEST THAT THE PLANNING COMMISSION, UH, CONSIDERING IT, DENY IT.
OUR NEXT SPEAKER SIGNED UP AS MR. MANUEL, THEN
MY NAME IS MANUEL V CENTER AND I LIVE AT ONE 70 LC, A DRIVE IN FRONT ROYAL, UM, MEMBERS OF THE PLANNING COMMISSION AND FELLOW CITIZENS.
THANK YOU FOR ALLOWING ME TO VOICE MY THOUGHTS ON ZONING AND PLANNING ON THE ZONING AND PLANNING CHANGE PROPOSED HERE FOR A 1 0 8 VIRGINIA AVENUE.
UM, I UNDERSTAND THE PROPERTY IT'S ON THE CORNER WITH
[00:25:01]
FIRST STREET, SO IT'S ALMOST DONE FIRST STREET AND VIRGINIA AVENUE.SO, UM, AND, AND I UNDERSTAND THAT BASED ON THE OWNER'S REQUEST, IT MAY BE CHANGED FROM A RESIDENTIAL USE TO SHORT-TERM RENTAL.
UM, I OFTEN VISIT THIS AREA AND I HAVE, I PARKED THERE A LOT.
AND I NOTE THAT THE STREET IS RATHER NARROW.
THE HOME IN QUESTION DOES NOT HAVE, I DON'T THINK IT HAS ADEQUATE PREP.
IT HAS A CARPORT THERE, BUT I DON'T THINK IT'S ADEQUATE PARKING.
IF YOU'RE GOING TO RENT TO MAYBE SEVERAL PEOPLE OR SEVERAL ROOMS, UH, THE PEOPLE THAT MAY RENT THERE WILL HAVE DIFFICULTY POSITIONING THEIR CAR PROPERLY ON THE STREET.
YOU KNOW, ESPECIALLY IF SOMEBODY, IF THEY'RE INVITING SOMEBODY ELSE.
SO, UH, TO, TO GET TOGETHER WITH THEM, HAVE A PARTY OR, UM, YOU KNOW, THIS CAN HAPPEN OVER THE WEEKEND.
AND SO YOU CAN HAVE, UH, PARKING AND TRAFFIC CONGESTION.
IT COULD BE DANGEROUS FOR, AS THE OTHER GENTLEMAN SAID, YOU KNOW, FOR CHILDREN, UH, THAT ARE ALWAYS AROUND LIVING IN THE AREA.
AND IT IS A SINGLE FAMILY AREA GENERALLY.
UM, I DON'T, I, AS A, AS A RESIDENT OF FRONT ROYAL, I DON'T WANT IT TO BE CHANGED.
I DON'T WANT THIS TO BECOME LIKE A COMMERCIAL TOWN THAT IS BEING COMMERCE WITH, WITH, UH, PEOPLE THAT GENERALLY LIVE OUTSIDE.
I'D LIKE TO, YOU KNOW, KEEP THINGS AT HOME.
UM, I WAS, I WAS TRYING TO, AT ONE POINT I WAS TRYING TO, UH, MANEUVER MY, MY MYSELF OUT IN, IN, INTO, FROM ONE STREET TO ANOTHER.
AND I WAS, UH, KIND OF DOING IT BACKWARDS, TURNED INTO, I ALWAYS GOT A TICKET.
UM, IT'S, IT'S KINDA, IT'S KIND OF HARD TO MANEUVER THERE, UH, AS IT IS.
AND, UH, THERE'S, YOU KNOW, I JUST, I JUST THINK IT'S NOT APPROPRIATE.
SO PLEASE CONSIDER THIS AND VOTE AGAINST MAKING ANY ZONING CHANGES.
I, I THINK THAT, UH, MY EXPERIENCE WITH THE TOWN COUNCIL, I KNOW YOU REPORT TO THE TOWN COUNCILS, CORRECT.
SO MY EXPERIENCE HAS BEEN, YOU KNOW, WE WE'VE HAD ISSUES COME UP WHERE THE CITIZENS ARE VERY CONCERNED AND, UH, COME HERE ON MASS TO EXPRESS, EXPRESS THEIR, THEIR CONCERNS.
AND, YOU KNOW, YOU GET THE FEELING THAT THEY'RE NOT LISTENED TO.
SO YOU GET THE FEELING THAT THE THERE'S THERE'S, THERE ARE OTHER INTERESTS THAT ARE BEING LISTENED TO.
AND I THINK MAYBE I COULD LET YOU KNOW THAT YOU SHOULD LISTEN TO OUR INTERESTS, PEOPLE THAT LIVE HERE AND PEOPLE THAT VOTE FOR THE TOWN TOWN COUNCIL, AND, UH, FOR ONCE, YOU KNOW, THAT SHOULD HAPPEN, YOU SHOULD MAKE THAT RECOMMENDATION THAT YOU CONSIDER WHAT WE, WHAT IS IMPORTANT TO US, YOU KNOW, NOT OUTSIDE BUSINESS OR BIG BUSINESS INTERESTS, BUT THE INTERESTS OF THE RESIDENTS.
THAT WAS THE LAST CITIZEN SIGN TO SPEAK.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK AT THIS PUBLIC HEARING, PLEASE COME FORWARD.
PLEASE STATE YOUR NAME AND ADDRESS.
I LIVE AT 1 0 1 VIRGINIA AVENUE, WHICH IS ACROSS THE STREET FROM BRIDGET.
UM, I HAVE KNOWN BRIDGETS SINCE SHE BOUGHT THE PROPERTY.
SHE HAS MADE A LOT OF CHANGES TO THE HOUSE, A LOT OF IMPROVEMENTS.
UM, I DO KNOW THAT SHE DOES THE RENT, THE RENT THROUGH AIRBNB.
UM, THEY ARE, LONG-TERM LIKE COULD BE ANYWHERE TWO WEEKS, THREE WEEKS, A MONTH, SIX WEEKS, UH, PROFESSIONAL PEOPLE COMING IN DOING THEIR BUSINESS, UM, OR THEY MIGHT BE FAMILY MEMBERS THAT ARE COMING TO VISIT.
I HAVE NEVER SEEN ANYBODY PARK AS MR. RODRIGUEZ SAYS, UM, ON BRIDGET CORNER.
[00:30:01]
UM, I HAVE SEEN MR. RODRIGUEZ VEHICLES THERE, UM, BRIDGET'S CAR.IT DOES, UM, HOLD FOUR VEHICLES IN HER DRIVEWAY.
UM, AND QUITE FRANKLY, UM, I DON'T WORK.
I'M RETIRED, SO I KNOW MR. RODRIGUEZ SAYS THAT HE'S FULL-TIME, BUT I DON'T SEE THEM THEY'RE FULL TIME, HONESTLY.
WE'RE NOT COMING ON MR. RODRIGUEZ.
JUST YOUR THOUGHTS ON THE USE OF THAT PARTICULAR UNIT THINKING.
OKAY, WELL, WHAT I'M SAYING IS I KNOW, UM, BRIDGET IS, UM, SHE'S, SHE'S THERE FREQUENTLY.
I WOULD NOT SAY SHE'S THERE ALL THE TIME, BUT, UM, I ABSOLUTELY HAVE NO PROBLEM, UM, WITH THE APPROVAL.
SO IS THERE ANYONE ELSE LIKE TO SPEAK? HI, GOOD EVENING.
I LIVE AT 1 25 WEST FOURTH STREET.
I'VE BEEN A RESIDENT HERE FOR 20 YEARS.
I'VE LIVED ON FIRST STREET FOR 20 YEARS AND I'VE SEEN THE TRAFFIC GOING IN AND OUT IN EBBS AND FLOWS ON FIRST STREET.
SO I DO APPRECIATE THE PLANNING COMMISSION, CHANGING IT TO ONE WAY THAT SAID, UM, I'VE KNOWN, UH, MISS, UH, SCANLON FOR, SINCE SHE'S MOVED IN.
SHE'S DONE A FANTASTIC JOB OF IMPROVING THE NEIGHBORHOOD WITH THE RENOVATIONS.
UH, THEY VERY ATTRACTIVE, BUT I ALSO AGREE THAT I'VE NEVER SEEN IN MY TIME THAT SHE'S RENTED.
I'VE NEVER SEEN ONE TIME WITH A PEOPLE PARK ON THE STREET ITSELF.
NOW, NO OBSTRUCTION WHATSOEVER.
PEOPLE PARK IN THE CARPORT WHERE FOUR CARS CAN PARK.
I'VE SEEN OTHER CONGESTION FROM THIS RODRIGUEZ FAMILY AND FRIENDS, BUT OTHER THAN THAT, I HAVE NOT SEEN THAT WHATSOEVER.
YOU KNOW, SO I BELIEVE MS. SCANLON IS HERE PROBABLY MORE SO THAN SHE'S NOT.
SO I, I HAVE NO OBJECTION TO, TO THIS SHORT-TERM RENTAL APPROVAL.
I WOULD, I'D HIGHLY ENCOURAGE YOU TO CONSIDER THAT, THAT THIS IS GOOD FOR THE TOWN.
IT BRINGS PEOPLE IN, HELPS BUILD THE INFRASTRUCTURE.
IT HELPS OUR RESTAURANTS, IT HELPS OUR COMMUNITY DEVELOP.
AND SO AGAIN, UM, I'VE BEEN HERE FOR A LONG TIME.
I'VE SEEN THE GREAT, GREAT WORK THAT'S AND AGAIN, I ASKED YOU TO APPROVE THAT.
IS THERE ANYONE ELSE WOULD LIKE TO SPEAK ON THIS PUBLIC HEARING TONIGHT, PLEASE COME FORWARD.
HI, MY NAME IS ALEX BOWTIE AND I LIVE AT 1 0 5 VIRGINIA AVENUE.
UM, I AGREE THAT THERE ISN'T GENERALLY CONGESTION AT THAT CORNER, BUT A POINT THAT I THOUGHT WAS WELL BROUGHT UP.
UM, WE DO HAVE, YOU KNOW, UH, I WOULD SAY A RELATIVE SHORTAGE OF RESIDENTIAL HOUSING, RIGHT? OR RENTAL HOUSING IN THE AREA, ESPECIALLY FOR, UM, LIKE YOUNGER FAMILIES, YOUNGER PEOPLE, ME BEING ONE OF THEM.
UM, WHEN MS. SCANLAN BOUGHT THE HOUSE, I ASSUMED THAT IT WOULD BE HER PRIMARY RESIDENCE OR PERHAPS RENTED TO A FAMILY IN THE AREA.
UM, SO I WAS KIND OF SHOCKED TO FIND OUT THAT IT WAS GOING TO BE USED AS AN AIRBNB.
UM, MORE SHOCKED TO FIND OUT THAT IT HAS BEEN USED AS AN AIRBNB WITHOUT THE PROPER PERMIT.
SO MY UNDERSTANDING CORRECTLY.
UM, I FEEL LIKE IT'S INAPPROPRIATE, I GUESS, TO CONDUCT YOURSELF THAT WAY.
UM, BUT MORE SO, UH, I WOULD SAY IT'S INAPPROPRIATE TO BUY A HOME IN A RESIDENTIAL AREA, UM, WITH, I GUESS THE PURPOSE OF FLIPPING IT INTO A RENTAL PROPERTY OR A SHORT-TERM RENTAL PROPERTY, NOT, YOU KNOW, A RENTAL PROPERTY FOR A FAMILY.
UM, SO I WOULD SAY THAT I'M AGAINST THE, UH, THE APPLICATION BEING APPROVED.
[00:35:10]
IS THERE ANYONE ELSE LIKES TO SPEAK AT THE PUBLIC HEARING TONIGHT? ANYONE ELSE? CAN I MAKE THIS TEMPTATION? I'M SORRY.DOES SHE HAVE AT ANY TIME REMAINING? I THINK WE HAVE 30 SECONDS LEFT NOW.
I'M THINKING I HAVE MORE THAN THAT, BUT, UM, SO JUST, UM, REGARDING THOSE SHORT, OKAY.
THERE MIGHT NOT BE SHORT TERM RENTALS, BUT THERE ARE RENTALS.
I LIVE, UM, RIGHT NEXT DOOR TO MR. RODRIGUEZ.
I DON'T LIVE NEXT TO MR. RODRIGUEZ.
THERE'S A BIG, A WHITE HOUSE THAT HAS APARTMENTS IN THERE.
UM, THERE'S ALSO A HUGE YELLOW HOUSE DOWN VIRGINIA AVENUE THAT HAS, I DON'T KNOW HOW MANY APARTMENTS, BUT A MULTITUDE OF APARTMENTS.
SO PEOPLE ARE, YOU KNOW, MOVING IN AND OUT.
IT'S NOT NECESSARILY PEOPLE THAT ARE LIVING THERE FOR 10, 20 YEARS.
SO I JUST DID WANT TO MAKE THAT, UM, UH, NOTE THAT THERE ARE RENTALS.
UH, IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK ANYBODY ELSE, A SECOND CALL AND ANYONE WOULD LIKE TO SPEAK WE'LL CLOSE THE PUBLIC HEARING OR THE PUBLIC PORTION OF THIS PUBLIC COMMENT SESSION, UH, COMMISSIONERS.
DO YOU HAVE ANY QUESTIONS OF STAFF OR THE APPLICANT OR ANYBODY WISH TO MAKE ANY STATEMENTS? UM, MR. CHAIRMAN, CAN I ASK A QUESTION? UM, WHEN YOU DID THE SITE VISIT, LAUREN, DID YOU, CAN YOU CONFIRM THAT THERE ARE FOUR PARKING SPACES AVAILABLE IN THE DRIVEWAY AND CAR CARPORT? I DID NOT CONDUCT THE SITE VISIT JOHN AND, UM, I BELIEVE CHRIS BROCK DID AWAY AT TRAINING PRESENTLY.
THEY'RE AWAY AT TRAINING THIS WEEK.
I, I DON'T WANT TO SPEAK TO SOMETHING I DIDN'T SEE IN PERSON.
AND MR. CHAIRMAN IS A FOLLOW-UP TO THAT QUESTION.
UM, THE APPLICANT HAS STATED IN, UH, THE THIRD PARKING IS LIMITED TO THREE, THREE CARS IN THE DRIVEWAY.
IS THAT THAT'S THE INTENT, RIGHT? SO JUST THREE LIMP, THREE CARS INSIDE THE DRIVEWAY.
YOU SAID YOU'RE ASKING WHETHER OR NOT THEY CAN FIT THREE CARS IN THE DRIVEWAY.
NO, THE APPLE, THE APPLICATION IS, IS STATING THAT THERE'S PARKING IS LIMITED TO THREE CARS IN THE DRIVEWAY.
THAT'S THAT'S CONFIRMED, CORRECT? YES.
THAT'S THAT'S THAT'S WANT TO MAKE SURE, YEAH.
UM, IF I MAY ASK A QUESTION, MR. CHAIRMAN, UH, IF I MAY ASK A QUESTION, UM, I GATHERED THAT THE CONCERN OF DR.
RODRIGUEZ WAS THAT THE FIRST SPEAKER WAS, UH, HE MAY NOT HAVE HAD TIME TO SAY IT, BUT A SECURITY, A SAFETY ISSUE OF NARROW STREETS, INVISIBLE TURNS KIDS IN THE STREET.
I TOOK THAT TO BE THE UNDERLYING BEHIND HIS CONCERN ABOUT THE CONGESTION AND TRAFFIC.
WOULD IT BE POSSIBLE THAT A MIRROR INSTALLED UP SOMEWHERE WHERE IT COULD BE SEEN IN BOTH DIRECTIONS MIGHT HELP MITIGATE THAT POTENTIAL RISK OF NARROW STREETS AND LACK OF VISIBILITY? UM, THAT'S SOMETHING LAURA AND YOU WANT TO WAS RHONDA THAT IF YOU WOULD LIKE TO FORWARD A RECOMMENDATION OF APPROVAL CONTINGENT UPON THE INSTALLATION OF MIRRORS, UM, FOR SORRY, SAFETY MIRRORS, SO THAT TRAFFIC NBC,
[00:40:01]
YOU CAN DO THAT.THAT'S A CONDITION YOU CAN IMPOSE.
HOW WOULD MY FELLOW COMMISSIONERS FEEL ABOUT THAT? I THINK YOU'D HAVE TO HAVE SOMEBODY GO OUT THERE, LIKE A TRAFFIC IN HERE, SOMETHING TO, IN ORDER TO DO THAT.
I MEAN, WHO, WHOSE JUDGMENT SHIT WOULDN'T BE TO PLACE HIM? THAT'S THAT'S WHAT THE QUESTION BEGS.
I'M NOT FAMILIAR ENOUGH WITH THE INTERSECTION TO KNOW WHERE, OR HOW MANY OR WHAT TYPE OF MIRRORS YOU WOULD PLACE.
I'M NOT OPPOSED TO THE TOWN LOOKING AT THAT, BUT TO ME THAT WOULD BE MORE OF A, LIKE THE, THE TOWN SHOULD CONSIDER THAT AS A SAFETY, UM, IMPROVEMENT IF, IF NEEDED.
BUT I DON'T, I JUST DON'T KNOW IF A SHORT-TERM RENTAL WOULD CALL A TRAFFIC CALL FOR TRAFFIC OR SOMETHING LIKE THAT.
BUT I THINK IT'S, THAT WOULD HAVE TO BE SOMETHING FOR THE TOWN TO CONSIDER.
UM, I, THERE WAS ONE CONCERN ABOUT PARTIES AND I JUST WANTED TO POINT OUT THAT, UH, UNDER THE HOUSE RULES, THERE WOULD BE NO PARTIES AT THE HOUSE.
UM, ALSO AS PART OF THE APPLICATION, IT WOULD BE LIMITED TO FOUR PEOPLE IN THE HOUSE.
UM, SO I, I THINK THAT, UH, WITH THOSE CONSIDERATIONS, IT SHOULD NOT CREATE, UM, AN UNDUE BURDEN, UH, THAT THAT'S NOT ALREADY THERE.
UM, ESPECIALLY WITH THE PARKING IN THE DRIVEWAY, IF IT CAN FIT THE APPLICATION, THE SAYING THREE CARS, AND WE'VE HEARD THAT YOU CAN PROBABLY FIT FOUR.
UM, I DON'T THINK THAT WE WOULD SEE MORE CARS THAT WOULD THEN SPILL OUT ONTO THE STREET.
ANY OTHER COMMENTS? I THINK YOU'RE OUT OF TIME, SIR.
WELL, THE PUBLIC HEARING SESSION IS OVER, SORRY.
UM, LAUREN, I WOULD RECOMMEND, MAYBE YOU CAN SEND A NOTE TO PUBLIC WORKS STAFF, TO LOOK AT THAT INTERSECTION AND SEE IF THERE IS AN ISSUE THAT CAN BE RECTIFIED BY A SIGNAGE OR, UH, SMOKE AND MIRRORS, PERHAPS.
UH, BUT, UM, UH, I THINK THAT WOULD BE MORE APPROPRIATE THAN AN EMOTION.
I WOULD LIKE TO POINT OUT, ESPECIALLY TO OUR CITIZENS AND TO FELLOW COMMISSIONERS.
YOU KNOW, THIS IS OUR FIRST REVIEW OF A SHORT TERM RENTAL IN A RESIDENTIAL ZONE.
WE, WE HAD MUCH DEBATE, UH, DURING THE CRAFTING OF THE ORDINANCE THAT CAME FROM COUNCIL REGARDING, UH, THIS TYPE OF USE IN A RESIDENTIAL ZONE.
UM, I DON'T BELIEVE WE HAD A HUNDRED PERCENT VOTE ON THE MOTION TO SEND IT TO COUNCIL AT THE LAST TIME.
AND I THINK THESE ARE THE ISSUES THAT WE'RE GOING TO SEE IN THE FUTURE, NOT JUST TONIGHT, BUT IN THE FUTURE OF, OF SHORT-TERM RENTALS IN A RESIDENTIAL ZONE.
UM, SO WHEN WE CRAFT THE MOTION OR WHEN WE MAKE A MOTION TO ACCEPT THE MOTION HERE SHORTLY, UH, KEEP THAT IN MIND THAT, UM, UH, WE'RE STILL FEELING OUR WAY THROUGH THIS USE.
AND OUR GOAL HERE AS A PLANET COMMISSION IS TO DETERMINE IF THAT USE IS APPROPRIATE IN A RESIDENTIAL ZONE.
SO I'LL ENTERTAIN A MOTION AT THIS TIME.
I MOVE THAT THE PLANNING COMMISSION RECOMMEND FOR APPROVAL APPLICATION NUMBER F R S P U 0 0 3 0 6 9 DASH 2 0 2 2.
WE HAVE A MOTION AND A SECOND, I WOULD ASK THE, UH, ARE THERE ANY, UM, COMMENTS OR QUESTIONS ON THE MOTION HEARING NONE.
UM, MS. POTTER, CAUSE YOU CALL A ROLL CALL, VOTE ON THIS, PLEASE.
UH, BECAUSE THERE'S NO POSSIBILITY OF ANY REMEDIATION BEFORE AN ACCIDENT HAPPENS.
ALTHOUGH NO VICE CHAIRMAN GORDON.
WE WILL SEND A RECOMMENDATION OF THAT TO THE FRONT ROLL TOWN COUNCIL.
UH, WHAT NIGHT WILL THEY BE HOLDING THEIR PUBLIC HEARING ON THIS JUNE 27, THIS TOWN COUNCILS TEAM.
SO THERE WILL BE ANOTHER HEARING PUBLIC HEARING ON THIS AT THE TOWN
[00:45:01]
OR AT THE TOWN COUNCIL LEVEL ON JUNE THE 27TH.WE WILL NOW MOVE ON TO OUR THIRD PUBLIC HEARING OF THE EVENING HIGHER.
THIS IS AN ORDINANCE AMENDMENT, NOT A SPECIAL USE PERMIT NUMBER 0 0 3 1 1 1 DASH 2 0 2 2.
THIS IS AN AMENDMENT TO CHAPTER 1 75 OF THE TOWN OF FRONT ROYAL ZONING ORDINANCE TO ADD THE DEFINITION OF DATA CENTER, GREEN ROOF, SOLAR ROOF, AND VEGETATIVE ROOF TO CHAPTER 1 75, DEVS THREE A AND TO REVISE PERMITTED USES IN THE INDUSTRIAL ZONE CHAPTER 1 75 65.
AND TO ADD SUPPLEMENTAL REGULATIONS FOR DATA CENTERS TO CHAPTER 1 75 DASH 1 52.
NOW CHAPTER 1 75, 1 52 DOES NOT EXIST.
THAT'S THAT'S WHAT WE'RE PROPOSING TONIGHT.
YOU WOULD BE CREATING A NEW, OKAY, THANK YOU.
UM, AT THIS TIME, UH, THE PLANNING DIRECTOR, COULD YOU UPDATE US ON THIS ORDINANCE REQUEST THE ORDINARY, SORRY.
THE TEXT AMENDMENT WOULD, UM, AS YOU SAID, ALLOWED DATA CENTERS AS A BUY RIGHT USE IN THE I TWO, WHICH IS THE TOWNS INDUSTRIAL EMPLOYMENT DISTRICT, UM, BY RIGHT MEANS THAT IF SOMEBODY SUBMITS AN APPLICATION, THIS WOULD HAVE AN ADMINISTRATIVE REVIEW.
IT WOULD NOT COME BEFORE PLANNING, COMMISSION OR TOWN COUNCIL TO APPROVE A BI-RITE USE.
UM, STAFF HAS ALSO INCLUDED PERFORMANCE STANDARDS, WHICH WOULD NEED TO BE ADHERED TO, IN ORDER TO, UM, GET THAT ADMINISTRATIVE APPROVAL.
UM, BUT AGAIN, THIS IS BY RIGHT USE OF THE DATA CENTERS.
AT THIS TIME WE'LL OPEN THE PUBLIC HEARING FOR ORDINANCE AMENDMENT A NUMBER 0 0 3 1 1 1 THAT HAS 2 0 2 TO THE, UH, DATA CENTER ORDINANCE.
UH, WE WILL OPEN THE PUBLIC HEARING AT THIS POINT.
WE HAVE ONE SPEAKER SIGNED UP, MR. BRUCE RAPPAPORT, PLEASE COME FORWARD.
BRUCE BRUCE RAPPAPORT 300 WEST MAIN STREET, FRONT, ROYAL VIRGINIA.
FIRST OF ALL, UH, I WANT TO THANK, UH, THE CHAIRMAN AND OUR FELLOW COMMISSIONERS FOR GIVING ME THE OPPORTUNITY TONIGHT TO COMMENT ON THE CHAPTER 1 75 TOWN FRONT ROW PROPOSED, I'M CALLING IT A ZONING CHANGE ORDINANCE.
UH, I BELIEVE THAT THE AMENDMENT TO CHAPTER 1 75 DASH 65 SHOULD NOT READ AT DATA CENTER AS A USE PERMITTED BY RIGHT, RATHER IT SHOULD READ ED DATA CENTER AS A USE PERMITTED BY SPECIAL USE WITHIN THE INDUSTRIAL EMPLOYMENT ITU DISTRICT.
I BELIEVE SPECIAL USE IN THE ITU DISTRICT IS MOST APPROPRIATE BECAUSE IT WILL HELP TO PROTECT THE INTEREST OF THE COMMUNITY BY PROVIDING THE PUBLIC TAXPAYERS WITH ANOTHER LAYER OF TRANSPARENCY AND OVERSIGHT SPECIAL USE WILL ENSURE THAT THE SPECIFIC PLANS AND DETAILS FOR THE CONSTRUCTION GIVEN THERE EVER WILL BE ONE OF A PROPOSED DATA CENTER WILL BE VETTED BY OUR PLANNING COMMISSION AS WELL.
UM, WITH TOWN STAFF, MOST IMPORTANTLY, IT WILL ALLOW THE PUBLIC, THE OPPORTUNITY TO BE FULLY ENGAGED IN THE PROCESS WITH PUBLIC OPINION.
NOW, UM, IN THIS, UH, LAUREN'S YOU, YOU REFERENCED THAT THERE WILL BE A STAFF PERFORMANCE STANDARDS THAT IN ITSELF ENCOURAGES, UH, ONE TO CONSIDER SPECIAL USE TO,
[00:50:01]
UH, KIND OF BECOME THE TRANSPARENCY AND OVERSIGHT THAT I'M TALKING ABOUT.AND, UH, WITH THAT SAID, UH, THAT PRETTY MUCH, UH, CONCLUDES MY STATEMENT TONIGHT.
ANYONE ELSE WISH TO SPEAK AT THIS PUBLIC HEARING FOR DATA CENTER ORDINANCE? YOU HAVE 30 SECONDS LEFT MR. RAPPAPORT, I FORGOT.
AND YOU KNOW THIS ISN'T A, DO I HAVE TO SAY MY NAME AGAIN? OKAY.
UH, THIS IS NOT UNCOMMON THIS SPECIAL USE.
UM, I WILL TELL YOU THAT, UH, THERE, THERE IS A JURISDICTION, UH, WITHIN PROBABLY 45 MINUTES FROM HERE THAT IS INCORPORATED THAT INTO THAT, AND I'LL SAVE MY OTHER DETAILS FOR THE JUNE 27TH, UH, SPECIAL HEARING.
ANYONE ELSE WISH TO SPEAK AT THIS PUBLIC HEARING FOR DATA CENTERS? DO WE HAVE ANYONE ELSE WE'LL CLOSE THE PUBLIC COMMENT SESSION? UM, FIRST I WOULD LIKE TO REPORT THAT, UM, I DID GO TO THE WARREN COUNTY PLANNING COMMISSION LAST WEEK AS THEY HELD A PUBLIC HEARING ON THIS ORDINANCE.
AS YOU'RE AWARE, WE WERE JOINTLY WORKING WITH THE COUNTY ON SISTER ORDINANCES, UH, FOR THE DATA CENTERS FOR THE COUNTY AND FOR THE TOWN.
UH, I SPOKE, UH, AS A CITIZEN REGARDING MY PREFERENCE TO SAYING A SPECIAL USE VERSUS THE BUY, RIGHT.
UM, AND THE COUNTY, UH, ENDED UP TABLING THEIR ORDINANCE OR POSTPONING THEIR ORDINANCE, UM, AT WHICH I WAS HOPING TO BE ABLE TO HAVE THEIR ORDINANCE HERE FOR US TO MAKE SURE WE COMPLIED WITH.
SO WE WILL NOT BE HAVING THE COUNTY ORDINANCE AS A GUIDELINE TONIGHT.
UH, AS WE DEBATE WHAT WE WISHED TO DO WITH THIS REQUEST TO YOU, IS ANYBODY HERE HAS ANY QUESTIONS OF STAFF UM, THIS MAY BE MORE A QUESTION FOR THE LAWYER THAN FOR LAUREN.
UM, MR. SAID, BUT, UM, THE GREEN ROOF ISSUE, CAN IT BE SEPARATED FROM THE FATE OF THE DATA CENTER ISSUE? BECAUSE THIS, AS I UNDERSTAND IT, THIS JUST DEFINES A GREEN ROOF, ARE GREEN ROOFS IN NEED OF SPECIAL PERMITS, OR DOES THIS PUT IT INTO A BI-RITE SITUATION WHERE SOMEBODY CAN DO A GREEN ROOF ONCE IT'S DEFINED THE PURPOSE OF ADDING THE GREEN ROOF DEFINITION OR THE VEGETATIVE ROOF IS SO THAT, UM, WHEN YOU BUILD THESE DATA CENTERS, TYPICALLY THEY'RE ARE VERY LARGE BUILDINGS.
UM, IN THE STATE THROUGH DEQ ALLOWS, UM, LOCALITIES TO ISSUE OR OFFER A FLOOR AREA RATIO BONUS TO DEVELOPERS THAT INSTALL A GREEN ROOF ON THE ROOF OF THIS DATA CENTER.
SO SAY A DATA CENTER WANTS TO COME IN AND IT'S, YOU KNOW, 40,000 SQUARE FOOT BUILDING.
THEY COULD ACTUALLY, I'M SORRY.
THE FLOOR AREA RATIO ALLOWS THEM TO BUILD A LARGER BUILDING IN RELATION TO THE TOTAL AREA OF THE LOT, UM, WITH THIS, BECAUSE THAT GREEN ROOF IS GOING TO HELP MITIGATE SOME OF THE STORMWATER RUNOFF AND THINGS LIKE THAT.
BUT I, I KNOW OF MEDICAL PRACTICES THAT HAVE GREEN ROOFS AND THEY'RE NOT AS BIG AS A DATA CENTER.
SO I, I JUST WANT TO MAKE SURE THAT GREEN ROOFS ARE PROTECTED NO MATTER WHAT KIND OF STRUCTURE THEY'RE ON TOP OF.
AND IF THIS IS TABLED AND DOESN'T GO ANYWHERE, IS THAT ALSO SEALING THE FATE OF GREEN ROOFS IN, IN GENERAL AND THE PRINCIPLES RECOMMENDATION THAT, YOU KNOW, THE DEFINITIONS OF THE ROOFS STAY IN AND YOU CAN DIRECT STAFF OR ASK US TO JUST HAVE PROVISIONS FOR THIS IN THIS SECTION OF THE ORDINANCE, OUTSIDE OF DATA CENTERS, IT COULD BECOME ITS OWN, YOU KNOW, THAT'S, I WOULD MR. CHAIRMAN, I, I WOULD LIKE TO SEE THAT BE DONE, UH, WELL, POSTPONING, IT IS NOT GOING TO KILL IT.
YOU KNOW, ALL WE'RE DOING IS SAYING THAT THE COUNTY HASN'T VOTED ON THEIR ORDINANCE YET, AND WE HAVEN'T HAD TIME TO SEE IT.
AND, AND, UH, BUT AGAIN, WE, WE CAN DO WHATEVER, YOU KNOW,
[00:55:01]
A MOTION WE COULD SEPARATE THE TWO TOPICS AS WE WANT DOWN THE ROAD, THE SOLAR AND THE, THE GREEN ROOF AND THE, AND THE DATA CENTER THAT MAY TAKE A LITTLE BIT OF WORK.WE MAY HAVE TO POSE PHONE JUST TO REWRITE THAT.
UM, I THINK IT'S, LONG-TERM, UH, A GOOD, A GOOD THING FOR, YOU KNOW, FOR THE FUTURE.
W WE CAN, CERTAINLY, SINCE WE'RE IN THE PROCESS OF REWRITING THE, UH, UH, COMPREHENSIVE PLAN, WE CAN PERHAPS LOOK AT THIS TO BE MORE INCLUSIVE, NOT JUST FOR DATA CENTERS, BUT FOR EVERY BUILDING.
YOU KNOW, THAT'S AN IDEA BECAUSE WE COULD WORK IT INTO THE COMP PLAN.
CAUSE WE WERE TALKING TO THE COMP PLAN ABOUT HOW WE WANT TO BE AN ENVIRONMENTAL LEADER, AND THIS WOULD FIT INTO THAT.
I'M SORRY, WE CAN, WE ARE STARTING THE PROCESS IN THE NEXT FEW WEEKS OF REWRITING THE ZONING ORDINANCE IN CONJUNCTION WITH THE COMPREHENSIVE PLAN REWRITE.
SO THIS IS CERTAINLY SOMETHING THAT CAN BE PART OF THAT DISCUSSION.
AND WE CAN WORK ON THAT IN A WORK SESSION.
I CURRENTLY, YOU COULD ALSO BUILD A VEGETATIVE ROOF, UM, AS LONG AS YOU MEET BUILDING CODES, IT WE'RE DEFINING IT.
SO THAT THERE'S A DEFINITION WHEN WE REFER TO IT IN THE, YEAH.
UM, SO YOU CAN STILL BUILD A VEGETATIVE ROOF CURRENTLY.
IT'S JUST GOT TO MEET BUILDING CODE.
THEY'RE THERE ALREADY EXISTS A LEGAL STANDING ILLEGAL STATUS FOR THE VEGETATIVE ROOF.
AND THIS INSTANCE WITH THIS PERFORMANCE STANDARD, IT JUST GIVES STAFF A WAY TO CALCULATE WHAT THAT BONUS WOULD BE.
UH, MR. CHAIRMAN, UM, I GUESS A COMMENT FOR THE PLANNING DIRECTOR, BUT, UM, SO IN THE BONUS FAR, UH, SECTION, WHEN WE TALK ABOUT GREEN ROOFS, UM, BUT WE DON'T DEFINE A GREEN ROOF.
WE DEFINE SOLAR ROOFS AND VEGETATIVE ROOTS, AND I KNOW THE STATE DEFINES A GREEN ROOF AS EITHER A SOLAR OR VEGETATIVE ROOF.
UM, AND I THOUGHT THERE HAD BEEN SOME DISCUSSION ON THAT BEFORE.
DO YOU REMEMBER IF, IF THE INTENT IS TO KEEP IT AS, UM, SOLAR OR VEGETATIVE AND THEREFORE KEEP THE, THE, UM, PHRASE GREEN ROOF, IN WHICH CASE? I THINK WE JUST NEED TO ADD A DEFINITION FOR GREEN ROOF.
GREEN ROOF IS GOOD, EITHER ONE OF THE OTHER, THE VEGETATIVE OR SOUL IN THE WAY THEY DESCRIBED IT.
THEN WE JUST SAY GREEN INSTEAD OF AGITATED, BECAUSE WAIT, WHEN WE TALK ABOUT IT, THEN THE SECOND SENTENCE WE SAY, GREEN ROOFS.
SO WHEN I JUST SAY GREEN ROOF AS THE, UM, IS THAT THE HEADING STAFF CAN MAKE THAT CHANGE.
ANY OTHER COMMENTS I AM CONCERNED ABOUT? UM, A COUPLE OF PEOPLE I'VE MENTIONED A SPECIAL USE RATHER THAN BUY, RIGHT.
AND, UM, I'M DEFINITELY IN THAT CATEGORY.
I WOULD LIKE TO, UH, MOVE THAT WE REPLACED THE WORDS BY RIGHT WITH THE SPECIAL USE AND ALSO LIKE TO REMOVE LION 4, 4, 6, WHICH NEEDS TO BE TAKEN OUT BECAUSE IT REFERRED TO A FIGURE FIVE PHOTOGRAPHS THAT WERE REMOVED, UM, AS FAR BUY RIGHT FOR SPECIAL USE.
UM, I'M A FAN I'M IN FAVOR OF KEEPING IT AS A BUY RIGHT USE.
UM, IF, IF YOU LOOK AT THE I TWO REGULATIONS, YOU CAN ALREADY HAVE A PROFESSIONAL OFFICE BUILDING.
UM, YOU, YOU COULD HAVE, UH, LUMBERYARDS FEED STORES, SO YOU COULD HAVE SOMETHING WITH THE SAME MASSING THAT WE'RE GOING TO ALLOW FOR A DATA CENTER.
IT'S JUST INSTEAD OF, UH, AN OFFICE BUILDING WITH CUBICLES, IT'S GOING TO BE A DATA CENTER WITH SERVERS.
THERE IS LESS PARKING INVOLVED.
[01:00:02]
FOR ME, I DO NOT SEE THE ARGUMENT TO MAKE IT A SPECIAL USE.IF, YOU KNOW, WE ACTUALLY GO ABOVE AND BEYOND WHAT WE REQUIRE OF OTHER ITU DISTRICT USES WITH THESE PROPOSED, UH, PERFORMANCE STANDARDS.
SO THAT'S WHERE I STAND ON, ON THE BUY.
LET ME GO BACK TO YOUR PREVIOUS COMMENTS, UM, COMMISSIONER GORDON, UM, YOU HAD COMMENTS REGARDING THE GREEN ROOF OR YOU RESOLVED ON THAT, HAS THAT ISSUE WITH YOU RESOLVED? UM, I THINK WE COULD JUST ADD A DEFINITION FOR GREEN ROOF TO MATCH THE STATE'S DEFINITION, BUT THEN CALL IT GREEN ROOF RATHER THAN VEGETATIVE.
WELL, IN, IN THE STATE CODE, THEY REFER TO A GREEN ROOF AS BEING EITHER A SOLAR ROOF OR A VEGETATIVE ROOF BECAUSE THEY'RE, YOU KNOW, THEY'RE DIFFERENT.
SO I, I ACTUALLY HAD, UH, SOME ADDITIONAL QUESTIONS FOR, UM, THE PLANNING DIRECTOR.
UH, SO I KNOW AT THE, AT OUR WORK SESSION AND THEN ALSO AT THE COUNTY, UM, MEETING THAT THE INFRASTRUCTURE COST WAS A CONCERN AND WHO IS RESPONSIBLE FOR PAYING IF THIS IS A BI-RITE USE.
UM, CAN YOU CLARIFY WHETHER THE TOWN WOULD HAVE ANY RESPONSIBILITY TO PAY FOR INFRASTRUCTURE TYPICALLY? UM, SO T UH, CHAPTER 1 34 OF THE TOWNS ORDINANCE TALKS ABOUT THE PROCESSES FOR, UM, ESTABLISHING, UM, WATER AND SEWER, SO UTILITIES TO THE SITE, AND THEN, UM, I'M BLANKING ON THE CHAPTER FOR THE ELECTRIC SERVICES, BUT THOSE CHAPTERS OF TOWN CODE STATE THAT THE APPLICANT OR THE DEVELOPERS, THE ONE RESPONSIBLE FOR INITIATING OR SORRY, PAYING FOR THE CONNECTION OF UTILITIES TO EXISTING COUNTY UTILITIES, THEY WOULD ALSO BE RESPONSIBLE FOR, YOU KNOW, THE UPGRADES THAT THERE, THE IMPACTS OF THEIR DEVELOPMENT AND THE WAY THAT COULD BE ADDRESSED WOULD BE IF THERE NEEDS TO BE A REZONING, THERE WOULD BE PROFFERS.
THERE'S A, THERE'S A PROCESS HERE AND THE TOWN IS NOT RESPONSIBLE FOR SOMEBODY COMING IN AND DEVELOPING HERE IN OUR BOUNDARIES.
CAN WE ADD THAT TO THE ORGANS? WE CAN, IF YOU WANT TO START EDITING THIS RIGHT NOW, MY ASSOCIATE, I'M HAVING SOME PROBLEMS HERE, KEEPING UP WITH ALL THESE CHANGES.
UM, WE HAVE A POSSIBILITY OF THE BUY-RITE VERSUS SPECIAL USE.
THEN WE HAVE LIONS 4 44 OR 4 46, AND NOW WE HAVE A GREEN ROOF, UH, ADDITION TO IT.
UM, I WAS BEST TO POSTPONE, HUH? CHAIRMAN FOR ME.
WELL, IS THERE A MOTION ON THE FLOOR RIGHT NOW? DID ANYONE MAKE A MOTION? CHAIRMAN JONES.
I WAS JUST GOING TO SAY RESOLVE THAT PRIOR TO, WELL, SORRY, I DIDN'T GET IN HERE.
I DIDN'T REALIZE THERE WAS A MOTION.
I DON'T BELIEVE ANYBODY'S SECONDED.
I JUST WANTED TO MAKE SURE BEFORE IT WAS ANY FURTHER, I'M GLAD YOU POINTED OUT WAS I WASN'T THE, I DIDN'T EVEN HEAR THAT THE CHAIR WILL DETERMINE WHEN WE VOTE.
UM, I KNOW IN THE PAST, UH, WORK SESSIONS AND EVEN, YOU KNOW, SOME OF THE PUBLIC HEARINGS WE'VE HAD, YOU KNOW, WE'VE MENTIONED THIS, I WAS, I WAS IN AGREEANCE WITH THAT.
IT SHOULD BE, UH, WITH BI-RITE, BUT I'VE BEEN STEWING ON THIS QUITE A BIT, YOU KNOW, AND I'VE, I'VE, I'VE ADDED, YOU KNOW, MY THOUGHTS ABOUT HOW I'M CONCERNED, YOU KNOW, WITH OUR LAND USE MAP AND IN THE FUTURE USE OF, OF ITU AND HOW, AND I'VE STATED HOW RELUCTANT I WOULD BE TO CHANGE ANYTHING TO OCCUR.
I, TO, BESIDES WHAT WE HAVE, IF, IF KNOWING THAT THERE WAS GOING TO BE, UM, A DATA, DATA CENTER BEING BUILT, YOU KNOW, I HAVE, I HAVE SOME, I THINK LEGIT CONCERNS WITH THAT.
AND WITH THAT SAID, YOU KNOW, AND AGAIN, IT'S BEEN A LOT OF THOUGHT I WOULD BE IN AGREEANCE OF SWITCHING IT TO A SPECIAL USE INSTEAD OF BUY.
SO I JUST WANT TO LET THE, MY FELLOW COMMISSIONERS KNOW ABOUT THAT NOW FOR THE FACT THAT WE'RE STILL QUANTA REWRITING THIS AS, AS WE'RE SITTING
[01:05:01]
RIGHT HERE.I CAN'T SAY I AGREE WITH EVERYTHING.
I MEAN, WE'VE HAD THIS NOW IN OUR HANDS FOR, FOR, FOR MONTHS.
I MEAN, I THINK WE'VE, WE'VE, WE'VE WENT THROUGH THIS WITH HER MULTIPLE WORK SESSIONS.
AND I JUST, I THINK THAT IF WE HAD ANY REVISION, REVISIONS TO MAKE, I THINK WE SHOULD HAVE MADE THEM IN OUR LAST WORK SESSION.
I MEAN, I JUST, I JUST, I'M JUST SAYING THAT I THINK THAT WE CAN KEEP BEATING THIS HORSE TO DEATH IN THAT REGARD, IF WE'RE GOING TO REWRITE, KEEP REWRITING IT WARDEN.
SO WHERE DO WE DRAW THE LINE? I DON'T KNOW, BUT I JUST, I JUST THINK THAT WE'VE HAD TIME TO LOOK AT THIS.
AND LIKE I SAID, IF THE TOWN COUNCIL IS GOING TO TAKE ACTION ON IT, YOU KNOW, THAT'S UP TO THEM, BUT I JUST, I JUST WANT TO SAY THAT I WOULD BE IN FAVOR OF IT.
I SUPPOSE WE USE, LIKE I SAID, AFTER A LOT OF THOUGHT AND IN RE YOU KNOW, JUST LOOKING AT OVER THE, THE LAND USE MAP.
ANY OTHER COMMENTS? UM, MR. CHAIR, I HAD ANOTHER QUESTION FOR THE PLANET DIRECTOR.
UM, SO WITH THE COMP PLAN, UM, GOING ON, WHAT, WHAT IMPACT WOULD THIS HAVE OR WHAT, WHAT IMPACT WOULD THE COMP PLAN AND POTENTIAL CHANGES THERE TO YOUR FUTURE LAND USE HAVE ON, YOU KNOW, THE I TO, CAN YOU CLARIFY THAT AGAIN? YEAH.
ARE WE, AS PART OF THE COMP PLAN IS THE IDEA THAT WE ARE GOING TO CHANGE OUR ZONES.
AND SO THAT IF WE APPROVE THIS AS THE I TOO, ARE WE GOING TO THEN IN SIX MONTHS TO DO AWAY WITH THE EYE TOO AND HAVE A LIGHT INDUSTRIAL? AND SO IN OUR, IN THE PR IN THE COMP PLAN, WE DO HAVE PROPOSED FUTURE LAND USES.
AND OUR ZONING ORDINANCE AS IS, DOES NOT LINE UP WITH US FREE WRITING THIS ZONING ORDINANCE.
YOU DO HAVE THE POTENTIAL THAT, UM, YOU KNOW, BY FEBRUARY OF 2023, YOU WILL HAVE A COMPLETELY NEW ZONING AND SUBDIVISION ORDINANCE THAT IS NOT NECESSARILY INCLUSIVE OF ANY OTHER COMMENTS, UH, FULL EXTERNAL, JUST, JUST TO ADD TO WHAT SHRIMP COMMISSIONER GORDON JUST SAID.
I, I, I'M JUST SPEAKING FOR MYSELF.
UH, I ALWAYS, I PERSONALLY THINK THAT THIS WAS AWKWARDLY GIVEN TO US GIVEN THE FACT THAT WE ARE GOING THROUGH OUR COMP PLAN.
AND I AGREE WITH WHAT COMMISSIONER GORDON SAYS.
I MEAN, WHAT ARE THE, WHAT ARE THE POTENTIAL, YOU KNOW, CIRCUMSTANCES IS GOING TO BE WHEN A COMP PLAN IS DONE, YOU KNOW? AND LIKE I SAID, IT JUST, IT'S A KIND OF, I DON'T KNOW IF IT'S A CAN OF WORMS, BUT IT CREATES A THEORETICAL SITUATION THAT WE'RE KIND OF SHOOTING IN THE DARK WITH.
SO I, I DEFINITELY AGREE TO THAT GORDON.
UM, I GUESS IN LIGHT OF US HAVING, YOU KNOW, PROBABLY A NEW ZONING ORDINANCE IN A YEAR, UM, I WOULD BE IN FAVOR OF RECOMMENDING THIS AS A SPECIAL USE TO PROCEED WITH SOMETHING TONIGHT.
I KNOW I'M KIND THE STANDOUT I'M THINKING THAT IT SHOULD BE BY.
UM, BUT I DO THINK THAT WE SHOULD TAKE ACTION TONIGHT, UM, AND, AND NOT PUT IT OFF ANOTHER MONTH.
I DON'T THINK WE NEED TO WAIT FOR THE, UH, COUNTY TO, TO MAKE THEIR MOVE FIRST.
AND THEN WE CAN MAKE A MOVE FIRST AND THEN THEY CAN USE OURS AS THEIR GUIDELINE.
MS. SHARON, IF I MAY, I, I ALSO AGREE TO THAT AS WELL.
UM, CAUSE I, I THINK THAT, UH, FOR WHAT LAUREN HAD TO WORK WITH, I THINK SHE DID THE BEST THAT SHE COULD.
I MEAN, WE'RE CREATING, YOU CAN CREATE PERFORMANCE STANDARDS TOOL TILL THE SUN GOES DOWN MULTIPLE TIMES.
SO AT WHAT POINT DO YOU DRAW, YOU KNOW, DO YOU DRAW A LINE? AND I PERSONALLY THINK THAT GIVEN THE CIRCUMSTANCES YOU HAD TO WORK WITH, YOU KNOW, COPYING WHAT SHE DID FROM THE COUNTY.
WELL, I KEEP SAYING LAUREN, BUT I THINK SHE DID THE BEST THAT SHE COULD WITH WHAT SHE HAS.
UM, I WOULD RATHER HAVE THOUGHT THAT WOULD HAVE BEEN BETTER IF, IF, IF WE HAD MORE TIME OR IF IT HAD BEEN BETTER APPROACHED BY GOING TO OTHER, OTHER, UH, MUNICIPALITIES, UH, AS I THINK MOST OF US ARE AWARE OF, UH, THERE IS A TOWN NOT FAR FROM US THAT ADJUSTED PROVED DATA CENTERS THROUGH SPECIAL USE.
SO I DON'T THINK, YOU KNOW, GIVEN US, GIVEN WHAT I KNOW OF DATA CENTERS AND, UH, AND THERE THE SETTING OF THE OTHER MUNICIPALITY JUST APPROVED, I THINK THAT WOULD BE VERY APPLICABLE TO US AS WELL.
UM, SO LIKE I SAID, IT'S JUST, UH, I, I THINK WE SHOULD TAKE ACTION ON IT AND GIVEN, YOU KNOW, THE RESULTS OF OUR COMP PLAN, YOU KNOW, UH, WILL
[01:10:01]
HOPEFULLY COVER WHAT'S IN THE FUTURE.ANY OTHER COMMENTS, UM, MR. JONES, YOU HAD STARTED THAT, UH, YOU WANTED TO MOVE THAT WE CHANGE THE BUY RIGHT TO SPECIAL USE.
UH, I THINK THE APPROPRIATE THING FOR US TO DO AT THIS POINT IS TO, IF WE'RE GOING TO VOTE ON THE ORDINANCE TONIGHT IS VOTE ON THE ORDINANCE AS SUBMITTED WITH THREE RECOMMENDATIONS, UH, TO COUNCIL.
IF, IF, OR WE CAN POSTPONE IT TONIGHT, EITHER ONE I I'M OF EITHER CAMP, BUT THE FIRST ONE WOULD BE CHANGING.
THEY BUY RIGHT TO SPECIAL USE.
THE SECOND ITEM WOULD BE ADDING THE DEFINITION OF A GREEN ROOF.
AND THE THIRD ITEM WOULD BE, UH, EDITING THE DOCUMENT TO REMOVE LINES 4, 4, 4 THROUGH 4, 4, 6.
IS THAT CORRECT? UH, I BELIEVE IT WOULD JUST BE 4 46, JUST 4, 4, 6.
SO TO REMOVE IT, IS THAT WHAT WE WANT TO? OKAY.
SO, SO WE WOULD, WE, BECAUSE BASICALLY WE HAVE AN ORDINANCE GIVEN TO US BY THE TOWN COUNCIL.
WE DID NOT WRITE THIS ORDINANCE.
THIS WAS A REQUEST FROM COUNCIL.
UH, OUR RECOMMENDATIONS ARE THAT I'M HEARING RIGHT NOW, THE THREE ITEMS, ONE SPECIAL USE INSTEAD OF BUY RIGHT TO A GREEN ARE THE S THE GREEN ROOF DEFINED TO BE ADDED TO THE ORDINANCE AND THREE REMOVAL OF LINE 4 46 REGARDING FENCES.
ARE THERE ANY OTHER CHANGES OR OPTIONS YOU WOULD LIKE TO SEE US DO TO THE DRAFT ORDINANCE? UH, MR. CHAIR, I WOULD ALSO, UH, IF, IF WE MAKE A MOTION, I WOULD ALSO LIKE TO ADD THAT WE WOULD REMOVE THE BUILDING HEIGHT SECTION UNDER 1 75, 1 52 D.
UM, WE ALREADY HAVE A BUILDING HEIGHT OF 75 FEET FOR THE ITU DISTRICT.
UH, WHAT THIS SECTION DOES, IT JUST RESTATES THAT FOR A DATA CENTER, BUT ALSO ALLOWS FOR AN ADDITIONAL 25 FEET, UM, WITH SOME ADDITIONAL SETBACK REQUIREMENTS.
AND TO ME, I WOULD NOT LIKE TO SEE A HUNDRED FOOT DATA CENTER.
I WOULDN'T LIKE TO SEE A HUNDRED FOOT OFFICE BUILDING EITHER.
UM, SO I WOULD LIKE TO MOVE THE BUILDING HIKE FROM THE PERFORMANCE STANDARDS FOR DATA CENTERS AND JUST STICK WITH WHAT IS PERMITTED IN THE ITU, STARTING TO GET MORE CORRECTIONS, WHICH ACTUALLY I AGREE WITH WILL.
AND I, WE TALKED ABOUT THAT LAST TIME.
YEAH, WE'RE STARTING TO GET MORE CORRECTIONS THAN WE ARE THE ORDINANCE WE'RE GOING TO REWRITE IT HERE VERY SHORTLY.
UM, UM, MR. CHAIR, I'D LIKE TO MAKE A MOTION OR DO WE HAVE, DO WE HAVE A MOTION ON THE FLOOR? HE STARTED TO MAKE A MOTION.
I WOULD JUST REPEAT MY EMOTION THAT WE, WE, UH, WE HAD CHANGED THAT TO BUY RIGHT TO A SPECIAL USE AND WE, UH, DELETE LION FOR 46 SECOND.
DON'T WORRY ABOUT YOUR MINIONS.
WELL, WE CAN AMEND THE MOTION ONCE IT'S ON THE FLOOR.
SO WE HAVE A MOTION AND A SECOND THAT MOTION IS TO, UH, VOTE ON THE, UH, DATA DATA CENTER ORDINANCE AS PRESENTED WITH, WITH THE FIRST ITEM CHANGING SPECIAL OR BI-RITE TO SPECIAL USE.
AND THE SECOND ITEM BEING REMOVAL OF LINE 4, 4, 6 REGARDING FENCES ON THE PROPOSED ORDINANCE, WE HAVE A MOTION AND A SECOND, IS THERE ANY DISCUSSION, UH, MR. CHAIR, I'D LIKE TO MAKE AN AMENDMENT TO THE MOTION? UH, I WOULD LIKE TO ADD THE DEFINITION OF GREEN ROOF UNDER SECTION 1 75, 3 TO MATCH THE STATE DEFINITION OF GREEN ROOF.
COULD YOU REPEAT THE SECTION AND NUMBER AGAIN? SORRY.
I WILL RE STATE THAT I WOULD LIKE TO ADD A DEFINITION OF GREEN ROOF TO READ A GREEN ROOF IS A SOLAR ROOF OR A VEGETATIVE ROOF.
UH, AND I WOULD ALSO LIKE TO, UM, REMOVE LINES 4 21 THROUGH 4 25.
[01:15:01]
THAT IS UNDER SECTION 1 75, 1 52 D WE ARE REMOVING NUMBER TWO.COULD YOU PLEASE REPEAT THE PAGE NUMBERS? I'M SORRY.
UH, SO THOSE WERE, THOSE WERE LINES 4 21 TO 4 25.
SO YOU, THE ATTORNEY WAS JUST A STREET.
UM, SO WE HAVE A MOTION ON THE FLOOR.
IS IT IF IT'S A MOTION TO AMEND, IS IT COMPLETE? THE MOTION IS COMPULSION IS COMPLAINANT.
THE MOTION TO AMEND IS THE MOTION TO AMEND COMPLETE AT THIS POINT? YES.
THE AMENDMENT, THE MOTION, THE MOTION IS COMPLETED AS LIKE A SECOND.
SO WE HAVE AN AMENDED MOTION TO ADD THE DEFINITION OF SOLAR OR A GREEN ROOF TO THE PROPOSED ORDINANCE AND TO REMOVE LINES.
WHAT WERE THEY AGAIN? 4, 4 21 TO 4 25, 4 21 TO 4 25 REGARDING THE HEIGHT OF SUBSTRUCTURES AND THE DATA CENTER ORDINANCE.
DO WE HAVE A SECOND TO THAT NOTION? SECOND, WE HAVE A MOTION AND A SECOND ON THE AMENDMENT AND A DISCUSSION ON THE AMENDMENT.
MR. GORDON IS ELIMINATING UP THE LINE FOR 25 ADEQUATE.
OR DO YOU NEED TO GO TO 4 27? IT WOULD BE 4 25 GRAMMATICALLY.
I MEAN, THAT GRAMMATICALLY, THAT WOULD READ, UM, ON ACCOUNT OF YOU GOT AN OLD COPY.
IT WOULD BE ONE I GAVE YOU TONIGHT AND IT DOESN'T SAY DRAFT.
ANY OTHER DISCUSSION ON THE AMENDED MOTION PROMOTION TO A MAN.
ANY OTHER DISCUSSION AS POTTERY CALL, ROLL, CALL, VOTE ON THE AMENDMENT, PLEASE.
SO THE AMENDMENT PASSES NOW TO THE ORIGINAL MOTION AND THAT ORIGINAL MOTION WAS TO APPROVE THE ORDINANCE AS SUBMITTED WITH CHANGING THE BUY RIGHT TO SPECIAL USE AND DELETING LINE FOR FOUR SIX, CORRECT? PLUS, AND NOW WE HAVE THE AMENDMENT OF ADDING THE GREEN AND RE REMOVING LINES 4 21 THROUGH 4 25.
THAT IS THE MOTION THAT IS ON THE FLOOR.
DO WE HAVE ANY DISCUSSION ON THAT MOTION? I HADN'T THOUGHT MUCH ABOUT THE 4 21 TO 4 25, HONESTLY.
ARE THERE THERE'LL BE PROBLEMS THERE? MAKE SURE YOU'RE LOOKING AT THE CORRECT DRAFT.
YEAH, WE W WE WE'VE ALREADY APPROVED THAT.
WE HAVE A MOTION TO APPROVE IT.
ANY OTHER DISCUSSION ON THE MOTION ON THE TABLE? ANY OTHER DISCUSSION? MY SPOTTER, WHEN YOU CALL THE ROLL CALL, VOTE ON THIS, PLEASE.
SO THE MOTION AND AMENDED AND AMENDED MOTION CARRIES, WE WILL SEND A RECOMMENDATION TO THE TOWN COUNCIL TO CONSIDER CHANGING THE ORDINANCE TO READ A SPECIAL USE INSTEAD OF A BI-RITE USE ADDING GREEN ROOF DEFINITION TO THE ORDINANCE.
UH, REMOVING SECTION 4 21 ARE LINES 4 21 TO 4 25 REGARDING A HEIGHTH OF BUILDINGS AND REMOVING LINE 4, 4, 6, UH, THE FENCE ORDINANCE.
[01:20:02]
MOVING ON TO THE NEXT ORDER OF BUSINESS IS OLD BUSINESS.WE HAVE NONE ITEM EIGHT TONIGHT
[VIII. NEW BUSINESS]
UNDER NEW BUSINESS, WE HAVE A ZONING APPLICATION FOR AN ADDITION, LOCATED IN THE ENTRANCE CORRIDOR LOCATED AT 1500 NORTH SHENANDOAH AVENUE.THE APPLICATION SUBMITTED BY LONG JOSEPH, UH, RAC COMPANY OF MARYLAND ENTERPRISE RENT-A-CAR.
UH, WELL THE PLANNING DIRECTOR BRIEF WAS ON THE STAFF REPORT.
UM, THIS APPLICATION IS FOR A 500 SQUARE FOOT WASH BAY, ADDITION TO ENTERPRISE RENT, A CAR, UH, LOCATED AT 1500 NORTH SHENANDOAH AVENUE.
IT IS IN THE ENTRANCE CORRIDOR, WHICH IS WHY IT IS BEFORE THIS COMMISSION STAFF HAS REVIEWED THE APPLICATION.
IT IS IN CONFORMANCE WITH THE, UH, WITH 1 48, UH, 10 20 OF THE SUBDIVISION ORDINANCE.
UH, PUBLIC WORKS AND ENERGY SERVICES HAVE REVIEWED IT AND DO NOT HAVE ANY COMMENTS IN THE CAR WASH IS BY, RIGHT? YEAH.
HE JUST SAY PUBLIC WORKS HAS REVIEWED IT AND APPROVED IT.
AND IT DISCUSSION ANY QUESTIONS OF STAFF FROM PLANNING COMMISSION.
UM, I HAVE NO RESERVATIONS ON THIS.
UH, I THINK IT, THE PROPOSAL HERE, IT LOOKS LIKE IT WILL, UM, FIT IN WITH THE BUILDING THAT'S THERE AND IT'S REALLY ALL I HAVE TO SAY, NO RESERVATIONS.
ANY OTHER COMMENTS HAVE KNOWN THE CHAIR WILL ENTERTAIN A MOTION.
MR. CHAIR, I MOVE THAT THE PLANNING COMMISSION, UH, CLARIFICATION, UM, FOR STAFF, ARE WE RECOMMENDING THIS DETAIL COUNCIL OR WE ARE RECOMMENDING, WE ARE APPROVING, UM, THIS CHAIR.
I RE I MOVE THAT THE PLANNING COMMISSION APPROVE APPLICATION.
ITEM NINE ARE THE COMMISSION MEMBER REPORTS? IF ANY COMMISSION MEMBER HAS ANYTHING TO REPORT TO THE GROUP, PLEASE DO.
SO NOW ANY REPORTS I WILL ACCEPT OR ENTERTAIN A MOTION TO ADJOURN THE MEETING, MS. JEREMY, THAT WE ADJOURNED.
WE HAVE A MOTION AND A SECOND TO ADJOURN.
ALL THOSE IN FAVOR OF ADJOURNING, THE MEETING SIGNIFY BY SAYING AYE.
ALL THOSE OPPOSED HEARING NONE.