* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [I. CALL TO ORDER] [00:00:06] LIKE THE CALL, THE MEETING TO ORDER THE FRONT ROYAL PLANNING COMMISSION. UM, MS. CONNIE POTTER, WOULD YOU GIVE US A ROLL CALL FOR DETERMINATION OF QUORUM? CHAIRMAN MERCHANT HERE, VICE CHAIRMAN, GORDON. YEAH. COMMISSIONER JONES, COMMISSIONER MARSH, NER COMMISSIONER INGRAM. HERE. WE HAVE A QUORUM. SO WE MAY MOVE FORWARD [III. ADDITION/DELETION OF ITEMS FROM THE AGENDA] WITH OUR AGENDA. OUR FIRST ITEM TONIGHT WILL BE THE ACCEPTANCE OF THE AGENDA. IF YOU HAVE ANY ADDITIONS OR DELETIONS NOW AS A TIME TO SAY SO HEARING NONE, I'LL ACCEPT A MOTION TO APPROVE THE AGENDA. WE HAVE A MOVE A SECOND AND A SECOND BY MR. JONES. UH, WE'LL JUST DO A VOICE VOTE ON THIS ALL IN FAVOR OF ACCEPTING THE AGENDA AS SUBMITTED, SIGNIFY BY SAYING AYE. AYE. ALL THOSE OPPOSED? NO, [IV. APPROVAL OF MINUTES] OUR NEXT ITEM IS THE APPROVAL OF THE MINUTES FROM OUR JUNE 15TH, 2022 REGULAR MEETING. DO WE HAVE ANY COMMENTS ON THAT? SOMEONE MAKE A MOTION. WE HAVE A MOTION TO ACCEPT. IS THERE A SECOND, SECOND? THERE'S A SECOND. MS. POTTER, WOULD YOU CALL A ROLL CALL? VOTE ON THE MINUTES PLEASE? COMMISSIONER INGRAM? YES. COMMISSIONER MARSH, NER VICE CHAIRMAN. GORDON. YES. CHAIRMAN MERCHANT. YES. COMMISSIONER JONES. UH, ACCEPTANCE AS A MINUTE IS APPROVED. THE NEXT ORDER OF BUSINESS IS CITIZEN COMMENTS. THIS PART OF OUR MEETING IS RESERVED FOR THOSE INDIVIDUALS THAT WISH TO SPEAK, UH, TO THE PLANNING COMMISSION REGARDING ANY LAND USE ISSUES IN THE TOWN OF FRONT ROYAL. THIS IS NOT THE TIME TO SPEAK AT OUR PUBLIC HEARINGS. I WILL BE A LITTLE LATER IN OUR MEETING. SO IF THERE'S ANYONE THAT WISHES TO SPEAK, UH, REGARDING, UH, ANY ISSUES OF LAND USE SUBDIVISION OR ZONING WITHIN THE TOWN IN FRONT OF ROYAL, UH, AS FAR AS THE PLANNING COMMISSION IS CONCERNED, UH, PLEASE COME FORWARD AND SPEAK. SECOND CALL ON ANYBODY THAT WISHES TO SPEAK FOR CITIZEN COMMENTS, THIRD AND LAST CALL. THERE ARE NO SPEAKERS FOR OUR SUSAN COMMENTS, SECTION OUR NECK, [VI. CONSENT AGENDA] EXCUSE ME. OUR NEXT ITEM OF AGENDA WILL BE OUR CONSENT AGENDA. WE HAVE THREE ITEMS ON OUR CONSENT AGENDA AS FELLOW COMMISSIONERS THAT WE WILL LOOK INTO A DEPTH ON OUR AUGUST 3RD WORK SESSION. UH, THIS CONSENT AGENDA AS FOR CONSENT TO ADVERTISE THESE THREE ITEMS, UH, FOR A PUBLIC HEARING ON AUGUST THE 17TH. UH, CAN I HAVE A MOTION FOR THE CONSENT AGENDA? I MOVE THAT THE PLANNING COMMISSION APPROVE THE CONSENT AGENDA AS PRESENTED. WE HAVE A MOTION SECOND AND WE HAVE A SECOND. UH, MS. POTTER, WOULD YOU DO A ROLL CALL VOTE FOR THE CONSENT AGENDA PLEASE? VICE CHAIRMAN GORDON. YES. COMMISSIONER MARSH NER YES. COMMISSIONER INGRAM. YES. CHAIRMAN MERCHANT. YES. COMMISSIONER JONES. YES. YES. THE CONSENT AGENDA IS APPROVED AS PRESENTED. [VII. PUBLIC HEARINGS] OUR NEXT ITEM ON THE AGENDA WILL BE OUR PUBLIC HEARINGS. WE HAVE MULTIPLE PUBLIC HEARINGS SCHEDULED TONIGHT. I WOULD LIKE TO GO OVER A FEW OF THE, UH, REGULATIONS REGARDING THE PLANNING COMMISSION AND OUR PUBLIC HEARINGS. UM, OUR ORDER OF PUBLIC HEARING, WHEN WE OPEN H SPECIAL USE, UH, WE'LL FIRST HAVE A STAFF REPORT, THEN WE ALL HEAR THE APPLICANTS PRESENTATION. IF THEY SO CHOOSE TO, UH, HAVE A PRESENTATION, WE WILL THEN OPEN THE PUBLIC COMMENTS. WE WILL CLOSE THE PUBLIC COMMENTS. WE WILL HAVE A SHORT APPLICANT'S REBUTTAL IF REQUIRED. THEN THE PLANNING COMMISSION AT THAT POINT MAY ASK QUESTIONS OF STAFF OR ANY SPEAKER OF WHICH WE WILL CALL BACK TO THE PODIUM. UH, AND THEN THE PLANNING COMMISSION WILL VOTE ON THE ISSUE BEFORE US PLEASE DIRECT ALL OF YOUR COMMENTS TO THE PLANNING COMMISSION, DO NOT ADDRESS THE APPLICANT, STAFF OR OTHER SPEAKERS. THE PLANNING COMMISSION MAY OR MAY NOT RESPOND TO ANY OF YOUR QUESTIONS. IT IS NOT A QUESTION AND ANSWER SESSION OF THE PLANET [00:05:01] COMMISSION. WE WANT TO HEAR YOUR COMMENTS ON THE ISSUE BEFORE US, AND THEY ARE VERY VALUABLE COMMENTS TO US. UM, INDIVIDUAL, THERE IS A UP SHEET WHICH I WILL CALL, UM, AND THE SPEAKERS ARE ALL SPEAKER SHALL BE LIMITED TO THREE MINUTES, UH, TO ADDRESS THE PLANNING COMMISSION. UH, WHEN YOU COME TO THE PODIUM, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. UH, COMMENTS MUST BE CONFINED TO THE MATTERS GERMANE TO THE BUSINESS OF THIS COMMISSION, UH, REGARDING THE SUBDIVISION ZONING OR LAND USE APPLICATION THAT IS PRESENTED BEFORE US. UH, WE WILL NOT TOLERATE ANY PERSONAL ATTACKS BY ANYONE OR ANY OF THE PARTICIPANTS IN THE PROCEEDINGS. WE WANT TO HEAR FROM YOU, UH, ANYONE WHO VIOLATES THESE GUIDELINES, UH, COULD BE ASKED TO LEAVE. SO WITH THAT IN MIND, OUR FIRST AGENDA ITEM TONIGHT IS A SPECIAL USE 22 DASH 0 0 1 0 1. UH, IF STAFF WOULD BE SO KIND TO GIVE US A, UH, A STAFF REPORT ON THIS PARTICULAR ISSUE, WHAT DO YOU MEAN CHAIRMAN? THE APPLICANT HAS REQUESTED A SPECIAL USE PERMIT TO ALLOW DWELLING UNITS TO BE LOCATED ON THE GROUND FLOOR OF THE STRUCTURE LOCATED AT SIX 50 WEST 11TH STREET. THE PROPERTY IS ZONED C ONE PURSUANT TO TOWN CODE A 1 75 39 B GROUND FLOOR DWELLING UNITS REQUIRE THIS SPECIAL USE PERMIT. UM, THE APPLICANT WOULD LIKE TO CONVERT, UH, PREVIOUSLY, UH, COMMERCIAL USE. THERE WAS A BREWERY AND A LAUNDRY FACILITY THERE AND TO THE 900 SQUARE FOOT DWELLING UNITS, HE IS REQUIRED TO HAVE EIGHT PARKING SPACES. HE HAS CAPACITY FOR 11 PARKING SPACES ON SITE, AS YOU WOULD SEE, UM, THERE IS A PLOT OF THE PROPERTY UPLOAD YOUR SCREEN. IT DENOTES THE LOCATION OF THE PARKING SPACES AND THE EXISTING BUILDING. UM, I CAN ANSWER ANY QUESTIONS THAT YOU HAVE AND THE APPLICATION HAS BEEN PROPERLY ADVERTISED AND APPROVED BY STAFF CRACKER, REVIEWED BY STAFF AND ALL ISSUES HAVE BEEN TAKEN CARE OF. OKAY, THANK YOU. UH, DOES THE APPLICANT WISH TO SPEAK AS THE APPLICANT HERE TONIGHT? DO YOU WISH TO SPEAK, SIR? GOOD. WE WILL NOW OPEN THE PUBLIC COMMENT SECTION. UH, WE HAVE NO SPEAKER SIGNED UP. IS THERE ANY ONE WISHING TO SPEAK FOR APPLICATION NUMBER 2, 2 0 0 1 0 1. IS THERE ANYBODY THAT WISHES TO SPEAK ON THIS PUBLIC HEARING SECOND CALL FOR ANY SPEAKERS FOR THIS PUBLIC HEARING THIRD AND FINAL CALL. NO SPEAKERS ARE HERE. WE WILL CLOSE THE PUBLIC COMMENT SECTION, UH, FELLOW COMMISSIONERS. YOU HAVE ANY QUESTIONS OF STAFF, ANY COMMENTS OR QUESTIONS? CHAIR WILL ENTERTAIN A MOTION. MR. CHAIRMAN, I MOVE THAT THE PLANNING COMMISSION FOR THE RECOMMENDATION OF APPROVAL TO THE FRONT WORLD TOWN COUNCIL FOR A SPECIAL SPECIAL USE PERMIT APPLICATION 2 2 0 0 1 0 1 FOR TWO GROUND FLOOR DWELLING UNITS AT 6 5 0 WEST 11TH STREET WITH THE FOLLOWING CONDITIONS. ONE, THE SPECIAL USE PERMIT AS AUTHORIZED FOR GROUND FLOOR DWELLING UNITS TO BE LOCATED AT SIX 50 WEST 11TH STREET TO THE EXISTING PARKING LOT SHALL BE RESURFACED PRIOR TO THE BUSINESS OPENING THREE TOWN COUNCIL OR OTHER DESIGNATED REPRESENTATIVE MAY INSPECT THE PROPERTY AT ANY REASONABLE TIME TO ENSURE COMPLIANCE WITH LOCAL REGULATIONS, INCLUDING, BUT NOT LIMITED TO LIMITED TO THE CONDITIONS PLACED ON THIS SPECIAL USE PERMIT AND FOR UPON INSPECTION OF THE PROPERTY. IF IT IS FOUND THAT THE PROPERTY IS NOT IN COMPLIANCE WITH LOCAL REGULATIONS, INCLUDING, BUT NOT LIMITED TO THE CONDITIONS OF THIS SPECIAL USE PERMIT, THE TOWN MAY REVOKE THE SPECIAL USE PERMIT AFTER NOTICE TO THE APPLICANT AND PUBLIC HEARING. SECOND, WE HAVE A MOTION AND A SECOND, MS. POTTER, WHERE YOU CALL A ROLE FOR THE VOTE VICE [00:10:01] CHAIRMAN GORDON. YES. UH, COMMISSIONER MARSTEINER YES. CHAIRMAN MERCHANT. YES. COMMISSIONER JONES. YES. COMMISSIONER INGRAM. YES. A RECOMMENDATION OF APPROVAL FOR THIS. A SPECIAL USE PERMIT WILL BE FORWARDED TO TOWN COUNCIL. OUR NEXT PUBLIC HEARING TONIGHT IS FOR A SPECIAL USE PERMIT FOR SHORT-TERM RENTAL NUMBER 2 2 0 0 1 0 5. THIS IS A SPECIAL USE APPLICATION FOR A SHORT TERM RENTAL AT 4 25 NORTH ROYAL AVENUE. UH, COULD OUR PLANNING DIRECTOR UPDATE US ON THIS PROJECT, PLEASE? JOHN, WHERE OUR TOWN PLANNER WILL BE UPDATING YOU ON THE NEXT TWO ITEMS, JOHN, WHERE WE'LL BE UPDATING YOU ON THE NEXT TWO ITEMS. UH, HEARING NUMBER 22 0 1, UH, UH, DEFINITELY USED FOR THE PROPERTY IS THEM C1. UH, THE PROPER APPLICATION, THE ITEMS THEY HAVE BEEN WITH THEM DUCTED ON JUNE 28. UH, THE APPLICATION IS FOR, UH, SIX PEOPLE, THREE BEDROOMS AND A PARKING PLACES IN THE ROUND WAY, BIG PARKING SPACE IN THE REAR IN A MID, UH, ALL CONDITION. UH, THE APPLICATION THANK YOU. IS THE APPLICANT HERE TONIGHT? I APPEARED ON BEHALF OF MY BROTHER AND HIS WIFE. WOULD YOU LIKE TO SPEAK? SURE. MY NAME IS COME, COME TO THE PODIUM, PLEASE. AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS ANN MASH AND, UM, MY BROTHER PATRICK MASH AND HIS WIFE, JOY ALLEN HAVE PURCHASED THAT PROPERTY. UM, AND THE REASON I'M SPEAKING IS BECAUSE I WANTED THE COMMISSION TO KNOW THAT MY BROTHER HAS A DEEP ROOTS IN THIS COMMUNITY. WE'VE BEEN IN NORTHERN FOC HERE FOR ABOUT A HUNDRED YEARS, OUR FAMILY AND, UM, PATRICK IS, UH, VERY INTERESTED IN OPENING AN AIRBNB WITH THAT PROPERTY. THAT IS WHAT THE SHORT-TERM RENTAL IS ABOUT. UM, WE HAD BEEN TOLD IT WAS OF CONCERN TRAFFIC, UH, AND I THINK THAT ROYAL AVENUE IS A HIGHLY TRAFFICKED ROAD ANYWAY, LIKE SOME OF THE PEOPLE THAT OBJECT TO AIRBNBS IN THE COMMUNITY, IT'S BECAUSE OF TRAFFIC. SO THIS AVOIDS THAT IT'S GOT AMPLE PARKING, WHICH I UNDERSTAND IS ANOTHER REASON THAT SOMETIMES THE FOLKS IN THE COUNTY DON'T WANT AN AIRBNB. UM, IT'S A HISTORICAL HOUSE. SO I THINK A LOT OF THE PEOPLE THAT STAY THERE WILL BE GOING TO THE LITTLE RESTAURANTS AND THE LITTLE BUSINESSES. UM, SO I THINK IT WILL BRING SOMETHING NICE TO THE TOWN OF FRONT ROYAL. AND, UM, I'M VERY HAPPY BECAUSE MY BROTHER HAS AGREED TO, UM, DO A LITTLE BIT OF HIRING AMONGST THE SPECIAL NEEDS COMMUNITY, WHICH IS WHERE MY HEART IS IN THIS COUNTY. I WORK WITH FOLKS WITH DEVELOPMENTAL DELAYS, TRYING TO GET THEM JOBS. AND MY BROTHER HAS SAID, YES, HE WOULD BE VERY INTERESTED IN THEM DOING SOME OF THE CLEANING AND WHATNOT. SO HE ASKED ME TO COME HERE AND SPEAK ON HIS BEHALF BECAUSE HE'S NOT IN TOWN RIGHT NOW. SO YES, THAT'S IT. THANK YOU. ANYONE ELSE? OR EXCUSE ME, WE WILL NOW OPEN THE PUBLIC COMMENT SECTION OF THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON THIS SPECIAL USE REQUEST? IS THERE ANYONE HERE WOULD LIKE TO SPEAK SECOND CALL THIRD AND FINAL CALL. WE HAVE NOBODY SIGNED UP AND NO ONE IS COMING TO THE PODIUM TO SPEAK. WE WILL CLOSE THIS PUBLIC HEARING. UH, THOSE STAFF OR DISPLAYING THE COMMISSION. HAVE ANY QUESTIONS FOR STAFF REGARDING THIS APPLICATION? NO, I JUST HAVE TO SAY THAT, UH, THIS IS THE FIRST APPLICATION THAT, UH, I'VE SEEN IT. IT'S WITHIN A, STONE'S THROW OF MY HOUSE WHERE I LIVE AND I CAN, UH, I CAN PERSONALLY ATTEST IT. I DON'T EVEN KNOW THAT THE, I MEAN, THERE'S PLENTY OF PARKING THERE. UH, THE CURRENT OWNERS, I I'VE, I WOULDN'T EVEN KNOW THAT THEY'RE THERE. SO, UH, THERE'S ANY ISSUE ABOUT PARKING AND THE ALLEYWAY AND BEHIND IT? UH, THERE'S A SUFFICIENT, YOU KNOW, THERE'S SUFFICIENT ROOM BACK THERE FOR PEOPLE TO ACCESS WITHOUT EVEN HAVING TO GO TO RURAL AVENUE AS FAR AS I CAN TELL. SO NO. [00:15:04] ANY OTHER COMMENTS OF STAFF OR STAFF BY PLANNING COMMISSION CHAIR WILL ENTERTAIN A MOTION. I MOVED TO THE PLANNING COMMISSION FOR THE RECOMMENDATION OF APPROVAL TO THE FRONT ROYAL TOWN COUNCIL FOR SPECIAL USE PERMIT NUMBER 2, 2 0 0 1 0 5 FOR A SHORT-TERM RENTAL LOCATED AT 4 25 NORTH ROYAL AV. WE HAVE A SECOND. SECOND. WE HAVE A MOTION AND A SECOND, MS. POTTER WAS YOU CALL A ROLL VOTE PLEASE. COMMISSIONER INGRAM? YES. COMMISSIONER MARSH, NER VICE CHAIRMAN. GORDON. YES. CHAIRMAN MERCHANT. YES. COMMISSIONER JONES. YES. UH, THE VOTE IS AFFIRMATIVE AND WE WILL BE SENDING A POSITIVE RECOMMENDATION TO THE TOWN COUNCIL RECOMMENDING APPROVAL. OUR NEXT APPLICATION IS FOR A SHORT-TERM RENTAL NUMBER 22 DASH 0 0 1 0 6. THIS IS FOR A SPECIAL USE PERMIT TO ALLOW SHORT-TERM RENTAL AND 18. HE STONEWALL DRIVE, UH, STAFF. WOULD YOU, COULD WE GET A REPORT, JOHN? IS THIS YOURS? OKAY. APPLICATION WAS RECEIVED, UH, FOR A SPECIAL USE PERMIT, 22 0 0 1 0 6 FOR SHORT TERM RENTAL LOCATED AT 18 EASTERN WALL DRIVE. UH, THE PROPERTY IS LOCATED IN THE C TWO ZONING DISTRICT. IT WAS A COMPLETE APPLICATION SITE INSPECTION WAS CONDUCTED ON JUNE 21ST. THE APPLICATION IS FOR A MAXIMUM OF EIGHT PEOPLE WITH FOUR BEDROOMS AND IT HAS, UH, THREE, UH, DESIGNATED PARKING SPACES IN THE DRIVEWAY. THANK YOU. IS THAT OKAY? THAT'S ANOTHER PLAN AS THE APPLICANT HERE TONIGHT, DO YOU WISH TO SPEAK? OKAY. UM, MARTHA BRITAIN AND THE PROPERTY IN QUESTION IS 18 EAST STONEWALL DRY. UM, MY HUSBAND AND I LOVE THIS AREA. WE'VE ALWAYS LOVED THIS AREA AND WE'RE HOPING THAT AS SOON AS I CAN MAKE HIM RETIRE, WE CAN COME HERE AND LIVE. UH, IN THE MEANTIME, I'VE BEEN HERE SIX WEEKS. MY SON HAS COME ANOTHER TIME FOR TWO, AND WE LOVE THE AREA. MY SON LOVES AREAS SO MUCH. HE BOUGHT OVER IN LOW-RISE. SO, BUT YOU KNOW, THEY HAD ACREAGE AND, UH, WE, WE LOVE THEIR WE'RE VESTED IN THE COMMUNITY ALREADY. WE, UM, WE'VE CONTRACTED MANY THOUSANDS OF DOLLARS TO GET THE PROPERTY UP TO WHERE WE WANT IT TO BE FOR THE TIME BEING, BUT I WILL REDO THE KITCHEN WHEN I'M MOVING IN. UH, BUT THE PROPERTY IS NICE. WE WERE CONCERNED ABOUT NEIGHBORS. SO WE HAVE INSTALLED A NOISE DETECTORS IN THE HOUSE, SO THAT, AND THEY PAINT, THEY THEY'RE DESIGNED TO PING US AIRBNB, WHICH IS A PLATFORM WE ARE, WE WILL BE USING, DOES PROHIBIT PARTIES AT ALL. SO, YOU KNOW, IF, IF THAT HAPPENS, WE HAVE CAMERAS ON THE DOOR SO THAT WE CAN SEE WHO COMES IN AND OUT. SO WE'LL KNOW IF THE PEOPLE THAT ARE SUPPOSED TO BE THERE ARE THERE, UH, WE DON'T WANT OUR HOUSE TORN UP AND WE DON'T WANT TO BE BAD NEIGHBORS FOR THE NEIGHBORS. SO WE'RE DOING EVERYTHING WE CAN TO ENSURE THAT WE HAVE NO PARTIES, YOU KNOW, NOT A LOT OF DISTURBANCE FOR THE NEIGHBORS AND THAT EVERYBODY FOLLOWS AIRBNB RULES. OKAY. THANK YOU. THE QUESTION. YES. HOW, HOW WILL YOU BE DEFINING PART IS, WELL, A LOT OF PEOPLE GETTING TOGETHER AND GETTING REAL LOUD AND, UH, YOU KNOW, TRASHING OUR HOUSE FOR ONE THING. BUT WE DO HAVE A LARGE BACKYARD. THERE IS A FIRE PIT. SO WE DO EXPECT THAT WILL BE USED, BUT WE, WE HAVE RENTAL PROPERTIES. LONG-TERM RENTALS ON EITHER SIDE OF US AND WE DON'T WANT, YOU KNOW, I DON'T EVEN KNOW. I THINK THERE'S EIGHT AND ONE AND SIX AND THE OTHER, WE DON'T WANT TO DISTURB THOSE PEOPLE. THERE'S A LOT OF PEOPLE. AND THEN ACROSS THE STREET, I'VE MET THE LADY THERE. I DON'T KNOW IF THERE'S MORE THAN ONE UNIT IN HER HOUSE, BUT WE WANT, WE WANT TO BE GOOD NEIGHBORS BECAUSE, YOU KNOW, WE DON'T, WE DON'T WANT TO BE HATED. SO, SO IF WE DO COME HERE AFTER MY HUSBAND RETIRES FULL DOWNS, WE DON'T HAVE TO GO, [00:20:01] SORRY, BUT IN THE MEANTIME, WE'LL BE HERE A LOT FOR VACATIONS AND ANYTIME I CAN GET AWAY YOU, THANK YOU. WE WILL NOW OPEN THE PUBLIC COMMENT SECTION. IS THERE ANYONE THAT WOULD LIKE TO SPEAK IN REFERENCE TO THIS SPECIAL USE REQUEST? IS THERE ANYONE LIKE TO SPEAK SECOND, CALL THIRD AND FINAL CALL SAYING NO ONE. WE WILL CLOSE THE PUBLIC COMMENT SECTION PLAN OF COMMISSIONERS. YOU HAVE ANY QUESTIONS OF STAFF OR DO YOU WANT TO MOVE STRAIGHT TO A MOTION? AND I'LL MOVE I'LL MOVE THAT. THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO THE FRONT ROLL TOWN COUNCIL FOR A SPECIAL USE PERMIT, 22 0 0 1 0 6 FOR SHORT-TERM RENTAL LOCATED AT 18 EAST STONEWALL DRIVE. SECOND, WE HAVE A MOTION AND A SECOND, MS. POWDER, WOULD YOU CALL A ROLL CALL? VOTE VICE CHAIRMAN BORDEN. YES. COMMISSIONER MARSH NER. YES. CHAIRMAN MERCHANT. YES. COMMISSIONER JONES. YES. COMMISSIONER INGRAM. YES. THAT MOTION IS APPROVED AND WE WILL FORWARD A RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL. THE NEXT PUBLIC HEARING IS SCHEDULED TO BE NUMBER 22 0 0 1 1 3 PO'S RIVER IS AN EAGLE SKY INDUSTRIAL PARK, LLC. UM, UH, MADAM PLANNING DIRECTOR, AND UNDERSTAND THAT THIS APPLICATION HAS BEEN WITHDRAWN. THIS APPLICATION HAS BEEN WITHDRAWN FROM PUBLIC HEARING. THEY WILL BE AMENDING THEIR, UH, SITE PLAN AND WE'LL BE RESUBMITTING TO STAFF AT A LATER DATE. SO WE'LL HAVE TO HAVE ANOTHER PUBLIC HEARING OR ADVERTISE FOR ANOTHER PUBLIC HEARING. WE'LL HAVE TO HAVE ANOTHER WORK SESSION AND OKAY, MR. SONNET, IS THAT THE PROCEDURE TO USE ON THIS? DO WE, OR DO WE, UH, POSTPONE IT TO, UH, TO, UH, A KNOWN DATE? WHAT, WHAT, WHAT IS OUR PROCEDURE HERE? UM, AS OUTLINED BY MS. KOPECKI? UH, IT SHOULD, UH, START BACK WITH STAFF. OKAY. OKAY. SO THERE WILL BE NO ACTION ON, UH, THE, THE SPECIAL EXCEPTION REQUEST NUMBER 2, 2 0 0 1 1 3. THE NEXT ITEM ON THE PUBLIC HEARING LIST IS AN ORDINANCE AMENDMENT NUMBER 0 0 3 1 1 1 DASH 2 0 2 2. THIS IS FOR AN AMENDMENT TO CHAPTER 175 OF THE TOWN OF FRONT ROYAL ZONING ORDINANCE TO ADD THE DEFINITION OF, UH, DATA CENTER, UH, TO THE ORDINANCE. UM, I HAVE DIRECTOR, COULD YOU UPDATE US SUN, THIS, UH, APPLICATION TONIGHT? THE DOCUMENTS STAFF HAS PROVIDED, UM, WAS INSTRUCTED, UH, SORRY, COUNSEL INSTRUCTED STAFF TO AMEND THE ORDINANCE STATE THAT DATA CENTERS WOULD BY A SPECIAL USE PERMIT, NOT BY RIGHT. UM, AND THE SUPPLEMENTAL REGULATIONS WERE TO BE INCLUDED AS, UM, 1 75, 1 52 AT THE BEGINNING OF THE MEETING STAFF, UM, PROVIDED ADDITIONAL INFORMATION FROM THE EDA. THESE ARE SUPPLEMENTAL, THIS IS JUST SUPPLEMENTAL INFORMATION ON DATA CENTERS. I CAN TAKE ANY QUESTIONS ON THAT. OKAY. WELL, LET ME RECAP IF I, AND CORRECT ME IF I'M WRONG IN ANY OF THIS LAST MONTH, WE HELD A PUBLIC HEARING, UH, FROM AN ORDINANCE AMENDMENT FROM TOWN COUNCIL, REQUESTING DATA CENTERS AS A BI-RITE VIEWS. WE HA WE DULY HELD A PUBLIC HEARING ON THAT. UH, AND, AND WE VOTED TO APPROVE THAT MOTION WITH, FOR, UM, UH, UH, AMENDMENTS THAT WE THOUGHT SHOULD BE MADE TO THE SITE, WHICH WAS, UM, UH, ONE OF THOSE PRIMARILY BEING THE ONE TO CHANGE IT FROM BI-RITE TO SPECIAL USE, UH, COUNCIL AT THEIR LAST MEETING, UM, [00:25:01] AND THEIR PUBLIC HEARING ON THE, ON THE MATTER THEY DECIDED THAT IT SHOULD NOT BE A BY RIGHT, BUT A SPECIAL USE AND CAUSE STAFF TO CHANGE THE ORDINANCE AMENDMENT TO REFLECT A SPECIAL USE INSTEAD OF BY. RIGHT. AND THAT'S WHAT WE'RE HOLDING A PUBLIC HEARING ON TONIGHT. IS THAT CORRECT? THEY SENT IT BACK TO PLANNING COMMISSION, CORRECT. OKAY. SO, SO WHAT IS BEFORE US TONIGHT IS, IS THE ORDINANCE AS ADVERTISED AS A SPECIAL USE PERMIT FOR DATA CENTER. OKAY. I ASSUME YOU'RE THE APPLICANT. SO ANYTHING ELSE YOU WANT TO SAY REGARDING THIS? OKAY. ALL RIGHT. AT THIS TIME, WE'LL OPEN THE PUBLIC COMMENT SECTION FOR ORDINANCE AMENDMENT. UM, WE HAVE THREE SPEAKERS SIGNED UP, UH, MR. RICK NOVAK IS LISTED AS THE FIRST SPEAKER THANK YOU, MR. CHAIRMAN. UH, RICK NOVAK, ONE 17 EAST MAIN STREET, FRONT ROYAL. UM, AND I DON'T KNOW MY RECOLLECTION OF THAT MEETING, UH, THAT, YOU KNOW, COUNSEL SEEMED TO BE STRUGGLING WITH WHAT DATA CENTERS WERE AND WHAT THEY WOULD MEAN TO OUR COMMUNITY. AND IT SEEMED LIKE SENT IT BACK HERE TO GET SOME ADDITIONAL INPUT. UM, SO I FEEL LIKE MY ROLE HERE TONIGHT AS CHAIRMAN OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE TOWN IS TO HELP WITH THAT, YOU KNOW, AND, UH, SO HOPEFULLY WE CAN BE PROACTIVE. UH, SO ANYWAY, UM, YOU HAVE A STATEMENT THAT I'LL READ INTO THE RECORD HERE, UH, ON BEHALF OF THE FRONT ROLL ECONOMIC DEVELOPMENT AUTHORITY, WE ASKED THAT THE PLANNING COMMISSION, UH, MEN TOWN CODE 1 75 TO ALLOW DATA CENTERS BY, RIGHT. IT SHOULD ALSO BE NOTED THAT A TOWN PLANNING DEPARTMENT HAS RECOMMENDED THE DATA CENTERS BE BY, RIGHT. UH, YOU ALSO FIND LOTS OF SUPPORTING DOCUMENTS AND YOU CAN GET YOU MORE, UH, THAT HELP KIND OF ILLUSTRATE WHAT A DATA CENTER IS. UH, AS YOU SAID, RIGHTLY SO AT THE, UH, AT, AT TOWN COUNCIL MEETING, WE'RE NOT REALLY COMFORTABLE WITH DATA CENTERS, WE HAVEN'T DONE THEM. AND I THINK THAT'S A FAIR STATEMENT. UM, BUT, UH, THEY'RE VERY COMMON, YOU KNOW, THROUGHOUT THE STATE AND THE WORLD. AND, UH, AND SO WE NEED TO GET INTO THE GAME, AND THIS IS PART OF THAT PROCESS TO, TO CONTINUE, UM, THE, UH, PROPOSAL ORDINANCE THAT ALLOWS, UH, THE FOLLOWING RIPE BY RIGHT USE A TECHNOLOGY BUSINESS, INCLUDING INTERNET SERVICE PROVIDERS, SOFTWARE DESIGN, UH, DEVELOPMENT, UH, UH, CONTENT DEVELOPERS, INTERNET BASED SALES AND SERVICE, INBOUND AND OUTBOUND CALL CENTERS, UH, DISTRIBUTION FACILITIES, LIGHT MANUFACTURING, WOODWORKING, AND UPHOLSTERY SHOP WHOLESALES WHOLESALE. UM, YOU KNOW, WHAT I WOULD ASK YOU TO DO IS LOOK AT THE INFORMATION THAT WE PROVIDED YOU. YOU KNOW, WE, UH, THE, UH, PICTURES OF A DATA CENTER LOOK JUST LIKE A DISTRIBUTION CENTER, THEY THEY'RE IDENTICAL. UM, AND SO FROM THE OUTWARD, UH, YOU KNOW, THEY, THEY SHOULD BE INERT. UH, THE DATA CENTER INDUSTRY IS AN IMPORTANT PART OF OUR DIVERSE ECONOMIC DEVELOPMENT TAX SPACE, VIRGINIA TOWN TAX REVENUE STRUCTURE IS LIMITED TO THOSE TAXES ALLOWED BY STATE STATUTE AS A RESULT, THE TOWN'S REAL PROPERTY TAXES ONLY MADE UP OF 8% OF THE GENERAL FUND REVENUE. AND THE PERSONAL PROPERTY TAX WAS 4%. THAT MEANS THE TOWN RELIES HEAVILY ON MEALS AND SALES TAX, DEGENERATE REVENUE. A LOT OF THIS IS DUE TO THE TOWN BEING A BEDROOM COMMUNITY. WE FEEL TOWN REVENUE SHOULD FOCUS ON REAL AND PERSONAL PROPERTY TAXES, WHICH DATA CENTERS ARE, UH, THE GOLDEN GOOSE OF THOSE THINGS, IN MY OPINION. AND I'M AT THE STATE FEELS SO AS WELL. ALL RIGHT, I'LL WRAP IT UP. UM, DATA CENTERS WOULD GENERATE A SUBSTANTIAL REVENUE UP TO 5.5 MILLION FOR REAL ESTATE AND 31 MILLION FOR PERSONAL [00:30:01] PROPERTY TAX. BUT THAT SAID DATA CENTERS EMPLOY FEWER WORKERS. AS YOU SAID, DARYL AT THE MEETING, UH, THE OTHER MANUFACTURING INDUSTRIAL FACILITIES OF SIMILAR SIZE WHILE THE NUMBER OF EMPLOYEES IS NOT LARGE DATA CENTER JOBS ARE GENERALLY HIGH PAYING A A HUNDRED THOUSAND DOLLARS ON AVERAGE. UM, AN ADVANTAGE OF SMALLER NUMBERS OF DATA CENTERS IS THAT THERE'S LESS NEED FOR TOWN SERVICES AND WHICH IS OVERHEAD. GENERALLY THEY HAVE THEIR OWN SECURITY AND SOPHISTICATED FIRE SUPPRESSION SYSTEMS, RELATIVELY FEW VISITORS. THIS ALL MEANS THAT DATA CENTERS ARE NOT LARGE CONSUMERS OF BASIC TOWN SERVICES. THERE ARE CONCERNS ABOUT DATA CENTERS BEING A SIGNIFICANT CONSUMER OF CERTAIN RESOURCES, SUCH AS ELECTRIC POWER OR WATER. HOWEVER, THE NEW CAMPUS DESIGN AND CON CONCEPTS, UH, ARE SIGNIFICANTLY REDUCED. THOSE THEY'RE USING A CLOSED SYSTEMS WITH GRAY WATER AND THEY'LL NEGOTIATE THEIR POWER WITH THE POWER PROVIDERS. RIGHT. OKAY. UM, ANYWAY, HAS WORK TO PROVIDE THE, THE INFORMATION THAT YOU HAVE TO REDUCE. THE FEAR AS CHAIRMAN MERCHANT HAS SAID OF THE UNKNOWN WHILE DATA CENTERS ARE WELL THOUGHT OF THROUGHOUT THE STATE COUNTRY IN THE WORLD. MY BOARD HAS WORKED THE LAST FEW DAYS TO PROVIDE REFERENCE DOCUMENTS FOR YOUR REVIEW. WE HOPE YOU'VE HAD A CHANCE TO TAKE A LOOK AT THEM. I REALIZE YOU GOT THEM HERE AT THE LAST MINUTE, BUT WE LOOK FORWARD TO WORKING WITH YOUR BODY AS WE MOVE FORWARD FOR THE TOWN AND OUR COMMUNITY. SORRY ABOUT THE LONG, THANK YOU VERY MUCH. OUR NEXT SPEAKER WILL BE MARK TAPSELL AND MY PRONOUNCING THAT RIGHT, SIR. I HOPE YOU CAN ASK. OKAY. THIS, WHEN THEY COME UP HERE. HI, GOOD EVENING, MARK. TAP SACK 1 45 POWELL LANE. UH, I'M THE ASSISTANT CHAIR OF FRIEDA. AND I'LL JUST CONTINUE MAYBE WITH, UH, SOME OF THE POINTS THAT RICK RAISED. THERE'S REALLY TWO KEY POINTS THAT I'D LIKE TO, UH, TO BRING UP IN MY INFORMATION GATHERING. UM, AS PART OF THIS GROUP OVER THE LAST COUPLE OF DAYS, I REACHED OUT TO A, TO THREE KIND OF SISTER MUNICIPALITIES, IF YOU WILL. SO I CALLED THE ZONING ORDINANCE, UH, OFFICES OF STAFFORD COUNTY, LOUDON COUNTY AND WARRENTON COUNTY. SOME OF WHICH YOU'RE PROBABLY AWARE, HAVE ACTIVE, UH, APPLICATIONS IN, IN PLAY RIGHT NOW, RIGHT. OR HAVE BEEN ACTIVE FOR FOR YEARS. UM, THE FIRST POINT THAT I WANTED TO RAISE, UH, BASED ON KIND OF MY REVIEW, BOTH IN SPEAKING WITH THE PEOPLE AND IN LOOKING AT THEIR CURRENT ZONING ORDINANCE, SOME OF WHICH ARE AS RECENTLY AMENDED AS APRIL OF THIS YEAR, NO ONE HAS A DEFINITION CALLED TECHNOLOGY BUSINESS, RIGHT? WE'RE, WE'RE EXCLUSIVE IN THAT. AND FRANKLY, I WOULD SAY ALREADY, OR I WOULD PROBABLY PROPOSE, ALTHOUGH I'M NOT A LAWYER, UM, THAT A DATA CENTER FALLS WITHIN A TECHNOLOGY BUSINESS, RIGHT? THIS IS A DEFINITION THAT WE'VE HAD ON OUR BOOKS FOR A LONG TIME. OBVIOUSLY I'D REALLY CHARGE YOU TO MAYBE, UH, OR ENCOURAGE YOU TO MAYBE AMEND THAT ENDED UP ITSELF BECAUSE NOW POTENTIALLY HAVING TWO DEFINITIONS, A DATA CENTER AND A TECHNOLOGY BUSINESS WHERE WE'RE GOING TO MAYBE LEAVE SOME GRAY AREA, RIGHT. FOR PEOPLE TO LOOK AT THAT AND SAY, WELL, ISN'T ONE, A SUBSET OF THE OTHER. UM, SO WE LIST WHAT A TECHNOLOGY BUSINESS IS OBVIOUSLY, UH, AGAIN, IN STAFFORD LOUDON AND WARRENTON COUNTY, THEY SPECIFICALLY DEFINE DATA CENTERS. I ENCOURAGE YOU TO LOOK AT THOSE DEFINITIONS AS WELL. OURS IS PRETTY SIMILAR, AT LEAST WHAT WE HAVE, UM, PROPOSED, UM, JUST TO, UH, AGAIN, TO GIVE YOU KIND OF THE QUICK STATISTICS STAFFORD COUNTY, UH, WITHIN THEIR URBAN COMMERCIAL DISTRICT, UH, DATA CENTERS ARE BY RIGHT IN LOUDON COUNTY. THEY DO A LOT OF PLAN DEVELOPMENT CLASSIFICATIONS. SO FRANKLY THERE WERE, UH, FIVE ZONES THAT WERE, UH, THAT, THAT SPECIFICALLY STATED DATA CENTERS. UH, ONE OF WHICH WAS SPECIAL USE PERMIT THE OTHER FOUR BY RIGHT. AND THEN IN WARREN COUNTY, UH, THAT PARTICULAR ONE, THEY LANDED WITHIN ONE INDUSTRIAL DISTRICT AND THEY ARE A SPECIAL USE PERMIT. OKAY. UM, YEAH. SO MAYBE I'LL JUST FRANKLY, ALL SOMEWHAT CLOSE THAT I'M IN SUPPORTIVE THIS, UH, THE OTHER, THE OTHER ASPECT I'D LIKE TO, UH, TO KIND OF RAISE HERE AGAIN IS IN WARRENTON COUNTY. I THINK UNLIKE THE OTHER TWO COUNTIES, WHAT WAS REALLY UNIQUE IS THEY PUT IN THE SPECIAL AMENDMENT, LIKE WHAT WE ARE PROPOSING HERE AS WELL. THAT'S WHERE I WOULD REALLY ENCOURAGE US TO ASK FOR WHAT IS IT THAT WE REALLY WANT, RIGHT. DO WE WANT A SHORT BUILDING? DO WE WANT TREES PLANTED IN FRONT OF IT? IF SOMEONE PUTS OUT, UM, OH, A PARTICULAR ASPECT THAT, THAT DOESN'T FIT THE BUILDING, LET'S SAY A LARGER GENERATOR AREA. UM, DO WE WANT LANDSCAPING IN FRONT OF THAT? SO THE LANGUAGE, FRANKLY, THAT WARRENTON COUNTY ADDRESSES LANDSCAPING [00:35:01] SPECIFICALLY ADDRESSES, I THINK A LITTLE BIT MORE EFFECTIVELY THE LOOK AND THE FEEL OF THE BUILDING. AND SO I'D ENCOURAGE US TO MAYBE TAKE A LOOK AT THAT KIND OF LANGUAGE AS WELL. ALL RIGHT. THANK YOU FOR YOUR TIME. THANK YOU, SIR. SETH IS THERE ANYONE ELSE I'D LIKE TO SPEAK IN THIS MATTER? IS THERE ELSE THAT WOULD LIKE TO SPEAK SECOND CALL THIRD AND FINAL CALL. IF THERE'S ANY PUBLIC SPEAKER NUNS COMING FORWARD, WE WILL CLOSE THE PUBLIC COMMENT SECTION COMMISSIONERS. DO YOU HAVE ANY QUESTIONS OF STAFF OR WOULD YOU LIKE TO RECALL ANY OF OUR SPEAKERS FOR ANY QUESTIONS? UH, THE GENTLEMAN THAT WAS JUST SPEAKING, YOU WERE SAYING WARRANT AND COUNTY ROOFER. ARE YOU REFERRING TO A WARRENTON, THE TOWN OR ARE YOU TALKING ABOUT FAUQUIER COUNTY? OKAY. WHILE HE WAS, HE WAS SAYING WARRENTON COUNTY. THAT'S WHY I WANT TO MAKE SURE. OKAY. ALL RIGHT. OKAY. THANKS. ANY OTHER COMMENTS? ANY OTHER QUESTIONS? UM, I GUESS I WOULD LIKE TO ASK, UH, SOME, ONE OF THE PRESENTERS, UH, UH, HOW DO THEY SEE ARE, DO THEY SEE AS, AS IT REALLY, UH, UM, AN OBSTRUCTION TO HAVE A, UH, UH, VIA, UH, SPECIAL USE DESIGNATION. IN OTHER WORDS, IT DOES SPECIAL USE DESIGNATION THAT CLEARLY CAUSE PROBLEMS OR NOT. YEAH. RICK, WOULD YOU LIKE TO COME BACK TO THE PODIUM PLEASE? SO, UM, DATA CENTERS ARE VERY PROTECTIVE OF THEIR INFORMATION, UH, AS DARRYL RELATED TO ME IN HIS PREVIOUS LIFE, UH, EH, THEY HAVE LOTS OF COMPETITORS. AND SO THEY FEEL LIKE DIVULGING THEIR PROPRIETARY INFORMATION IS A DISADVANTAGE TO THEM IN THE, IN THE MARKETPLACE. UM, I THINK THAT DATA CENTERS, UM, WELL, TO YOUR QUESTION, BECAUSE YOU'RE ASKING ABOUT SPECIAL USE, SO I WON'T GO ON ABOUT OTHER THINGS, BUT, UH, ANYWAY, THE SPECIAL USE PERMIT, UH, WE FEEL IS AN UNNECESSARY STEP THAT WILL EXTEND THE, UH, THE TIME OF THE DEVELOPMENT AND, AND, UH, AND OPENED THE COMPANY UP TO ADDITIONAL EXAMINATION. UH, THAT COMPANIES, WHEN THEY'RE DEVELOPING PROJECTS, DON'T WANT TO SHARE INFORMATION. IT'S YOUR JOB AND OUR JOB AS ECONOMIC DEVELOPERS TO GLEAN AS MUCH INFORMATION AS POSSIBLE. SO WHERE WE CAN MAKE THE COMMUNITY COMFORTABLE WITH THE PROCESS, BUT A DATA CENTER IS IT'S NOT A TOXIC WASTE STORAGE FACILITY, IT'S IT? I MEAN, ALL YOUR DOCUMENTS HERE TONIGHT CAME THROUGH A DATA CENTER, THEY GOT EMAILED TO YOU. AND SO THAT'S WHAT THEY DO. AND I DON'T KNOW IF I ANSWERED YOUR QUESTION EFFECTIVELY. UH, I DON'T SEE HOW THAT HAS IMPACT ON THE FACT THAT THEY WOULD NEED TO GET SPECIAL APPROVAL. I MEAN, IT'S IT'S. YEAH. SO THE VIRGINIA, UH, WE WERE, HAVE BEEN APPROACHED BY VIRGINIA E D E V E D V ABOUT, UH, TRYING TO ASSEMBLE, UH, READY BUILD SITES FOR DATA CENTERS. AND ONE OF THE THINGS THAT, YOU KNOW, THEY ASKED FOR US TO DO WAS TO HAVE DATA CENTERS BE BY, RIGHT? SO THAT'S FROM THE VIRGINIA ECONOMIC DEVELOPMENT PARTNER PARTNERSHIP. UM, AND SO WE ARE TRYING TO DO, WE'RE TRYING TO ASSEMBLE THAT READY BUILD SITE OR SITES IN OUR COMMUNITY. AND WE WANT TO DO IT THE WAY VIRGINIA SAID WE HAVE TO DO IT SO WE CAN MEET THEIR CRITERIA THAT MAYBE THAT'S A BETTER ANSWER. OKAY. I MEAN, CAUSE RIGHT NOW YOU DON'T HAVE THAT MUCH. I TOO. RIGHT. ALL RIGHT. THANK YOU. I'LL STAY UP HERE JUST IN CASE. OKAY. ANY OTHER QUESTIONS? ANY OTHER QUESTIONS I'LL STAND FOR? WELL, I'D LIKE TO ASK RAQUEL HOW LONG, I MEAN, HOW MUCH TIME ARE YOU IMAGINING THAT IT [00:40:01] TAKES TO GO THROUGH THE SUP PROCESS? OH, I, I ACTUALLY HAVE NO IDEA. I'M RELYING ON THE STATE, KNOW THAT THEY FEEL LIKE IT'S A STUMBLING BLOCK. AND SO WE'RE TRYING TO CHECK OFF THAT BOX. CONNIE, THE SUP PROCESS WOULD ADD APPROXIMATELY THREE MONTHS AND THAT'S WITH CONCURRENT ADVERTISING WITHOUT CONCURRENT ADVERTISING. YOU'D BE LOOKING AT ABOUT A FIVE MONTH PROCESS AND FIND HIS MONEY AND ALL THAT BIG MONEY IN THIS CASE. THANK YOU. NO PUBLIC COMMENT SECTIONS, PIVOT THAT HE HE'S TRYING TO PROVIDE THE INFORMATION THAT YOUR BOARD WANTS AND HE'S PART OF MY BODY. DO YOU WISH TO SPEAK? AND ANOTHER ANSWER FOR THAT, PLEASE APPROACH THANK YOU. I THINK THE ISSUE IS LESS ABOUT THE TIME AND MORE ABOUT THE UNCERTAINTY. SO WHEN A BUSINESS IS LOOKING AT A SITE, LOOKING AT A POSSIBILITY, RIGHT? UM, AGAIN, I ENCOURAGE YOU TO SAY IF YOU WANT THEM TO BE BUILDING BLUE BUILDINGS. IF WE WRITE THAT IN THE CODE, WE NEED BLUE BUILDINGS. THEN WHEN THEY COME IN AND PROPOSE A PINK BUILDING, WE DON'T THEN TAKE THAT EXTRA TIME WHEN IT'S, AGAIN, A VERY COMPETITIVE BUSINESS. THEY'RE LOOKING AT MULTIPLE SITES AND THEY'RE SAYING, WHERE'S THE LEASE PAST PATH OF RESISTANCE? WELL, HERE FRONT ROYAL, THEY KNOW THEY WANT BLUE BUILDINGS HERE, RIGHT? SO WE CAN GET BEHIND THE BLUE BUILDING, BUT IT'S, BUT IT'S THAT UNCERTAINTY OF POTENTIALLY NOT KNOWING THAT GOING INTO THE PROCESS, MAYBE. SO AGAIN, NOT NECESSARILY SO MUCH ABOUT THE OVERALL TIME OF THE PROCESS, RIGHT? CAUSE WE SHOULD BE ABLE TO GET TOGETHER AND WORK QUICKLY THAT THAT HELPED. THANK YOU. ANY OTHER QUESTIONS, DARRYL, IF I MAY, UM, I THINK WHAT DIRECTOR TOP SACK IS ALSO STATING IS TALKING ABOUT PERFORMANCE STANDARDS. STAFF HAS INCLUDED PERFORMANCE STANDARDS IN THIS ORDINANCE. IT'S 1 75, 1 52. THAT'S THE PROPOSED SECTION FOR PERFORMANCE STANDARDS. UM, THOSE CAN BE WHEN YOU HAVE A BI-RITE USE, IF YOU ADD THE PERFORMANCE STANDARDS THAT ALLOWS ADDITIONAL ASSURANCES AND ADDITIONAL CRITERIA THAT THE APPLICANTS NEED TO MEET, THAT THEY MAY NOT HAVE TO MEET IF IT WERE A SPECIAL OR SPECIAL USE PERMIT. SO IF YOU HAVE A SPECIAL USE PERMIT, YOU DON'T NECESSARILY NEED THAT PERFORMANCE STANDARD SECTION. SO STAFF HAS INCLUDED THIS TO WORK WITH THIS AS A BUY RIGHT USE. OKAY. ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? OKAY. NOW I JUST WOULD, UM, JUST STATE THAT OUR, OUR AMENDMENT FOR THE CODE, UH, FOR THIS PARTICULAR ORDINANCE SECTION, UH, WE, WE DID CHANGE BY RIGHT TO A SPECIAL USE. SO THAT'S WHAT THE PUBLIC HEARING WAS HELD FOR. WE'VE HEARD, UH, UH, FROM VARIOUS SPEAKERS REGARDING THEY BUY RIGHTS, SPECIAL USE, BUT, UH, COUNCIL, IF I'M CORRECT, UM, THE, THE ADVERTISEMENT LAWS FOR SPECIAL USE PERMIT, CORRECT? THAT IS CORRECT. OKAY. UH, SHERIFF WILL ENTERTAIN A MOTION. THEN WE CAN DISCUSS THE MOTION IF HE WISH WELL TO GET THE CONVERSATION GOING I'LL I'LL, UH, MOVE, UH, THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO THE FRONT ROLL TOWN COUNCIL TO CHAPTER 1 75 OF THE TOWN OF FRONT ROW ZONING ORDINANCE TO ADD THE DEFINITION OF DATA CENTER, A GREEN ROOF, SOLAR ROOF, VEGETATIVE ROOF TO CHAPTER 1 75 DASH THREE IN A DATA CENTER AS A YOUTH PERMITTED BY SPECIAL USE IN THE INDUSTRIAL EMPLOYMENT DISTRICT. I TO REVISE PERMITTED USES IN THE INDUSTRIAL EMPLOYMENT DISTRICT. I TO CHAPTER 1 75 65 AND ADD SUPPLEMENTAL REGULATIONS FOR DATA CENTERS TO CHAPTER 1 75, 1 52 AS WRITTEN. IS THERE A SECOND? SECOND, WE HAVE A MOTION AND A SECOND MS. POTTER, WHERE YOU GIVE A ROLL VOTE, PLEASE. NICE. JEREMY GORDON. YES. GERMAN MERCHANT. YES. COMMISSIONER JONES. YES. COMMISSIONER INGRAM. YES. COMMISSIONER MARSH NER. YES. THE MOTION IS APPROVED AS A SPECIAL USE. WE WILL FORWARD THAT RECOMMENDATION ONTO TOWN COUNCIL FOR THEIR CONSIDERATION. WE HAVE NO OLD BUSINESS [IX. NEW BUSINESS] ARE UNDER NEW BUSINESS TONIGHT. WE HAVE A SITE PLAN APPLICATION NUMBER 2, 2 0 0 1 3 4 FOR AN AUTOMATED CAR WARS FACILITY, UH, LOCATED IN THE ENTRANCE CORRIDOR AT 1303 NORTH ROYAL [00:45:01] AVENUE. UM, JUST AS A SIDE NOTE TO THE COMMISSIONERS, UM, ALL APPLICATIONS WITHIN THE ENTRANCE CORRIDOR COME TO, UH, THE PLANNING COMMISSION FOR REVIEW. UH, BUT WE DO NOT REVIEW THE SITE PLAN OR ANY ITEMS. WE ONLY MAKE SURE IT'S CONFORMANCE WITH THE STANDARDS OF THE ENTRANCE CORRIDOR, UH, STAFF. JOHN, IS THIS YOURS ALSO, JOHN WILL UPDATE US ON THE APPLICATION. UH, SO THE APPLICATIONS, UH, 22 0 1 3 4 MOCKINGBIRD ENGINEERING AND DESIGN, UH, ERIC'S RIVERBED FROM THE API AND SUBMITTED ON BEHALF AND OTTAWA, A PLAN APPLICATION FOR AN AUTOMATIC CAR, LOT FACILITY LOCATED ON SITE PLAN PROPOSES THE BOTTOM 50 RESTAURANT BUILDING AND HE GREW UP OKAY. CONSTRUCT A NEW AUTOMATED CARWASH WITH VACUUM STALLS AND ASSOCIATED INFRASTRUCTURE. UH, THE EXISTING BUILDING IS CURRENTLY SITUATED ON FOUR LOTS, WHICH WILL BE CONSOLIDATED IN ONE LOT FOR THE PROPOSED DEVELOPMENT. UH, IF YOU LOOK ON THE SCREEN, THAT'S THE LOCATION ON, UH, NORTHBOROUGH AVENUE. IT SETS AT THE CORNER OF 13TH STREET, UH, WITH THE EXISTING, UH, RESTAURANT THERE, THE EXISTING CONDITIONS, UH, THE PROPOSED BUILDING AND PARKING LOT, TWO ENTRANCES WILL BE CLOSED ON NORTH ROYAL AVENUE THAT ARE CURRENTLY THERE. THOSE WILL BE CLOSED. AND THE ENTRANCE TO THE CARWASH AND EXIT WILL COME OFF OF 13TH STREET. UH, THE SITE DISTANCE FOR THE INTERSECTION WAS SUBMITTED TO V DOT, UH, AND THAT GRANTED THEIR APPROVAL AND THE SITE DISTANCE FOR VEHICLES PULLING OUT OF THE INTERSECTION AND ENTERING. AND WE DO HAVE THE, UH, RENDERINGS OF THE DRAWINGS. IF WE GET THOSE PULLED UP, PLEASE, PART OF THE APPLICATION FOR THE PLANNING COMMISSION TO REVIEW IS THE, UH, TAKE ACCOUNT THE, UH, SECTION 1 75 DASH 98 DOT FIVE DASH J THE PERMANENT COLOR, THE BUILDING MATERIALS, UH, TO BE LEFT ON PAINTED, WHICH SHALL RESEMBLED THE PREDOMINANT TONES, PRIMARILY EARTHEN TONES, PREVALENT TO THE HISTORIC AREAS OF THE COMMUNITY. COMMUNITY GARNISH AND STRIKING COLLAR SHOULD BE AVOIDED. STAFF CONFIRMS IT ALL ASPECTS OF ONE FORTY EIGHT, FIVE HUNDRED AND ONE FORTY EIGHT, TEN TWENTY FOR SITE PLAN DEVELOPMENT HAS BEEN COMPLIED WITH PUBLIC WORKS AND ENERGY SERVICES HAS REVIEWED THE APPLICATION AND THEIR COMMENTS HAVE BEEN ADDRESSED. THAT'S THE RENDERINGS OF THE OUTSIDE, YOUR PERSPECTIVE THAT JOHN, CAN I ASK YOU A QUESTION ON THAT? IT SHOWS EIGHT BAYS, BUT TH THOSE BAY DOORS REALLY DON'T ACCEPT CARS COMING IN, AND THIS IS THE CARS ENTER LENGTHWISE RIGHT ON THE BUILDING OF THE TUNNEL. YES. IF, UH, IF WE COULD PULL BACK THE APPLICATION ON THE SITE PLAN DRAWING, IT APPEARS THERE'S A CARWASH TUNNEL. THAT'S CLOSE TO 13TH STREET. YES. YEAH. SO, WELL, LET'S SEE HERE NEXT. LET'S SEE, GET THE NEXT SLIDE. SO THE THE CARS WILL ENTER ON 13TH STREET AND DRIVE AROUND AND INTO THE TUNNEL AREA AND EXIT JUST ONE ENTRANCE AND AN EXIT. THE OTHER STALLS, THERE ARE FOR VACUUM STYLES, UH, TO, UH, FOR THE INDIVIDUALS THAT THEY WANT TO DO THE BACKROOM AREAS THERE IN THE PARKING LOT. OKAY. SO WE HAVE REASON TO BELIEVE THAT WHEN SOMEONE IS COMING INTO TOWN AND THEY'RE ON 13TH STREET, THEY WILL NOT LOOK UP AND SAY WHAT A HORRIBLE LOOKING THING THIS IS. UH, UH, YOU KNOW, I'M NOT SURE THAT IF YOU WOULD PULL UP THE, UH, THE RENDERINGS AGAIN, PLEASE LOOKING AT THE SECOND SUBMISSION. DO YOU WANT THE SECOND SUBMISSION? [00:50:01] YEAH. THE SECOND RENDERINGS THAT'S THE PERSPECTIVE OF THE BUILDING WILL BE NOW, WHICH IS THE ONE WE WOULD SEE FROM 13TH STREET TO TOP ONE OR THE BOTTOM. THE BOTTOM IS ON 13TH STREET, THE SIDE ON THE BOTTOM OF THE PERSPECTIVE TOO. OKAY. ALL RIGHT. SO THE TITLE, THE GLASSY PART IS VISIBLE FROM NORTH ROYAL. TH TH THE GLASS PART WILL BE VISIBLE FROM THE PARKING LOT. OKAY. SO THAT'D BE A PARKING LOT IN FRONT OF THAT, RIGHT? OF COURSE. OKAY. I JUST, I I'M JUST NOT, I WOULD WANT TO SEE SOMETHING THAT LOOKS LIKE AN EYESORE FROM THE BEGINNING. THAT'S, THAT'S THE CONCERN I HAD. UH, I HOPE THAT, UH, THAT, THAT, THAT WILL NOT BE THAT THEY WOULD LOOK, UH, I MEAN, I KNOW IT'S, IT'S TALKED, THEY'VE ALREADY TALKED ABOUT HAVING EARTH TONES AND THAT SORT OF THING, BUT, UH, IT LOOKS, IT LOOKS JUST LIKE A LONG SHED THERE. AND, UM, I GUESS THERE'S NO WAY YOU CAN HIDE THAT ASPECT OF IT. THAT'S THE DESIGN FOR A TUNNEL CARWASH. YES. THAT'S THE LONG PART OF THE BUILDING. YEAH. IT HAS STACKING AREAS IN THE, UH, SITE PLAN AREA FOR THE DRIVE TO FACILITATE TRAFFIC COMING IN. AND YOU WON'T HAVE TRAFFIC SETTING OUT ON THE STREET TO COME IN. YEAH. I THINK THE TRAFFIC SITUATION IS, IS VERY GOOD TO GET, UH, YOU KNOW, ALL FORMER USES, THEY USE COMMERCE AVENUE AND IT DID CREATE SOME TRAFFIC SITUATIONS THERE. SO FROM 13TH STREET ARE CERTAINLY GOOD. UM, YOU KNOW, THE, THE ATHLETICS OF THE BUILDING IS ONE THING. I THINK IT WILL BE AN IMPROVEMENT TO OUR COMMUNITY FROM WHAT IS THERE NOW, UH, THAT BUILDING IS STARTING TO FALL A LITTLE BIT INTO, UH, DISREPAIR. UH, IT'S BEEN THERE FOR A LONG TIME. THAT WAS THE OLD COMMENT RESTAURANT FOR THOSE THAT ARE FAMILIAR WITH THE HISTORY OF FRONT ROYAL. UM, ANY OTHER QUESTIONS OF, OF STAFF OR IS THE APPLICANT HERE? YES. OKAY. Y'ALL WANT TO ASK ANY QUESTIONS OR THEY HAVE, I HAVE A QUESTION. COULD SOME, UH, HOLD ON A SECOND. OH, YES. YOU WANT TO TALK? OKAY. YOU'RE THE APPLICANT FOR THIS? YES, SIR. YES, SIR. MY NAME IS NAME AND ADDRESS SETH RODERIC WITH MONTEVERDE ENGINEERING AND DESIGN STUDIO OUT OF HARRISONBURG. OKAY. AND I'M THE ENGINEER AND APPLICANT. I'M ALSO PART OF THE OWNERSHIP TEAM. SO I CAN HELP HOPEFULLY ANSWER ANY QUESTIONS YOU MAY HAVE ON THIS ONE POINT OF DISTINCTION THERE, UH, JUST FOR CLARITY, THE SHED IT AND SHED LIKE SLIGHTLY THE, THE LOWER VERSION OR THE LOWER IMAGE THAT YOU SEE. THAT'S THE SIDE THAT FACES THE VAC STALLS. SO THE VISIBLE SIDE HAS ALL THE TRANSPARENT CLASS, THE, THE, THE, THE, THE WAVES SHAPED, UH, ROOF WITH A LOW TRANSPARENCY THERE. THE ENTIRE INDENT INTENT IS TO DRAW A LOT OF EYES AND GET A LOT OF POSITIVE ATTENTION. UH, THEY'RE THEY'RE GOING IN, AND THIS IS, THIS IS THEY'RE USING ALL THE HIGHEST END BRAND NEW TECHNOLOGIES AND EQUIPMENT INSIDE TO TRULY, TRULY WANT TO MAKE THIS ONE OF THE PREMIER BRANDS AVAILABLE. THIS IS LIKELY TO BE EITHER THE SECOND OR THIRD, UH, CONSTRUCTED OF A LARGER CHAIN. UH, THAT'S GOING TO EXTEND THROUGH THESE CODES. SO IT IS A LARGER BRAND THAT'S COMING THROUGH. THEY'VE IDENTIFIED FRONT ROYAL IS JUST BEING AN EXCELLENT OPPORTUNITY TO, TO KIND OF JUMPSTART THIS BRAND. AND, UH, THEY ARE SPARING NO EXPENSE AS IT RELATES TO, UM, BUILDING IMAGERY AS YOU'LL SEE. SO THERE ARE SEVERAL OF THESE TON OF WASHES AVAILABLE IF YOU GO THROUGH WINCHESTER AND BEYOND, UH, THERE'S A HANDFUL IN HARRISONBURG WHERE I'M AT RIGHT NOW. UM, AND THE IDEA IS TO KIND OF TAKE, WHAT'S ALREADY BEEN, BEEN THROWN OUT THERE AS, AS THE GENERAL TEMPLATE AND TAKE IT TO ANOTHER STEP, UH, COMMISSIONER JONES, YOU HAVE THE FLOOR AGAIN, ASK THE QUESTION. IS THERE ANY REASON THAT WE COULDN'T HAVE SOME TREES OR SHRUBS IN FRONT OF THAT TO BREAK THE LONG LINE? THERE ARE A NUMBER THERE'S A LOT OF LANDSCAPING THROUGHOUT THE SITE, AND NOW WE DO OUR BUILDING IS JUST DUE TO THE TIGHT SITE. THE BUILDING IS PUSHED UP FAIRLY CLOSE TO THE RIGHT OF WAY. AND SO I, I I'M JOHN, IF YOU HAVE THE LANDSCAPING PLAN, UH, AS PART OF YOUR PACKAGE OR NOT, BUT, UM, WE DO, I WOULD, I MEAN, AS FAR AS AVAILABLE TO PULL UP ON SCREEN OR WE CAN, YEAH. SO, UM, OF COURSE THE TOWN HAS ITS OWN LANDSCAPING STANDARDS. WE'RE EXCEEDING THOSE MINIMUM STANDARDS, BUT THERE'S, THERE IS A LOT OF VEGETATION ONSITE TO KIND OF SOFTEN SOME OF THE EXTERIOR. IS THERE, IT [00:55:01] IS A SIGNIFICANT IMPROVEMENT, UH, FROM THE STREET VIEW FROM WHAT'S THERE TODAY, OF COURSE. OKAY. WELL, I WOULD REALLY LIKE TO SEE SOME, SOMETHING, SOME GREEN, UH, THINGS IN FRONT OF THAT THAT WOULD BREAK UP, BREAK UP THAT LONG. OKAY. UM, I THINK STAFF IS TRYING TO PROCURE SOME INFORMATION FOR YOU, CHAIRMAN JONES. ANYBODY ELSE HAS ANY QUESTIONS OF THE APPLICANT LIES UP HERE? UM, I HAVE A CLARIFICATION, I GUESS. SO WHAT WAS ON THE SCREEN, UM, WAS ONE COLOR SCHEME, BUT IN OUR PACKET WE HAD, I THINK THAT'S AN OLDER SCHEME THAT WAS PULLED UP. UH, THE NEWER SCHEME SHOULD HAVE MORE OF AN ORCHID COLOR, UH, THE NEWER BRANDING LOGOS AND, AND THERE'S A CIRCULAR IMAGE ON THE, ON THE ONE TOWER. OKAY. SO IF YOU HAVE THAT IN YOUR PACKET, THAT IS THE NEWEST AND GREATEST. ANY OTHER QUESTIONS FOR THE APPLICANT? THIS IS THE LANDSCAPING PLAN HERE, UH, COMMISSIONER JONES, AND YOU'D SEE IT FROM THE STREET VIEW. AGAIN, THERE'S NOT REALLY ROOM TO HAVE HEALTHY GROWTH, UH, TREES ALONG THAT GLASS SIDE, BUT WE ARE CLUSTERING AND ON BOTH ENDS AND THROUGHOUT THE SITE INTERIOR. SO IT WILL BE A VERY GREEN SITE. YEAH. YEAH. AND OF COURSE THERE'S THE GROWTH OLDER GROWTH TREES AROUND THE PERIMETER THAT WILL STILL EXIST AND PROVIDE SOME CANOPY EVERY TIME. OKAY. ANY OTHER QUESTIONS I CAN ADDRESS AT THIS TIME? ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU, SIR. THANK YOU FOR YOUR TIME. AND A QUESTIONS OF STAFF CHAIR. ONE ENTERTAIN, A MOTION. I MOVE THAT THE PLANNING COMMISSION APPROVED SITE PLAN APPLICATION NUMBER 2 2 0 0 1 3 4 FOR AN AUTOMATED CAR WASH FACILITY. AND IN THE ENTRANCE CORRIDOR LOCATED AT 1 3 0 3 NORTH RAIL AVENUE. SECOND, WE HAVE A MOTION AND A SECOND, UM, AS POTTER WAS YOU, UM, HAVE A ROLL CALL VOTE ON THIS PLACE. VICE CHAIRMAN. GORDON. YES. COMMISSIONER MARSH NOUR. YES. COMMISSIONER I'M EXCUSE ME. CHAIRMAN MERCHANT. UH, YES. COMMISSIONER JONES. YES. COMMISSION RESERVATIONS. COMMISSIONER INGRAM. YES. THE MOTION IS APPROVED AND WE WILL MAKE A RECOMMENDATION FAVORABLE TO, UH, THE TOWN COUNCIL. WELCOME TO THE COMMUNITY, SIR. AND, UM, UH, WE WISH YOU GOOD LUCK AT THAT LOCATION. AT THIS TIME WE HAVE, UH, COMMISSIONED MEMBER REPORTS. DO ANY OF YOU GOOD PEOPLE HAVE ANY REPORT OR ANY STATEMENT HE WISHED TO MAKE ANYONE PLEASE HEARING NONE, UH, THAT WE WILL ENTERTAIN A MOTION TO ADJOURN MOVED TO ADJOURN. SECOND, WE HAVE A SECOND. UM, ALL THOSE IN FAVOR OF THE MOTION TO ADJOURN 75 BY SAYING AYE. AYE. AYE. OPPOSED NOBODY OPPOSES. WE ARE ADJOURN THIS MEETING. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.