[I. CALL TO ORDER]
[00:00:05]
I CALL THIS MEETING TO ORDER OF THE FRONT ROYAL PLANNING COMMISSION FOR OUR REGULAR MEETING ON THIS WEDNESDAY, JULY 19TH, 2023.
MS. POTTER, COULD YOU READ A ROLE PLEASE? CHAIRMAN MERCHANT HERE.
AND COMMISSIONER WILLIAMS IS ABSENT TONIGHT.
UH, WE HAVE A QUORUM, SO WE'LL CONTINUE THE MEETING.
UH, THE FIRST ITEM OF BUSINESS IS ANY ADDITIONS OR DELETIONS OF ITEMS TWO OR FROM THE AGENDA.
DO WE HAVE ANY ITEMS WE WISH TO ADD OR REMOVE FROM THE AGENDA? HEARING NONE.
WE'LL MOVE TO THE NEXT ITEM AND
[IV. APPROVAL OF MINUTES]
THE APPROVAL OF MINUTES.WITH THIS MEETING, WE HAVE TWO MINUTES, UH, MINUTE SETS, ONE FROM THE MAY 22ND, 2023 SPECIAL JOINT MEETING, AND ONE FROM THE JUNE 21ST, 2023 REGULAR MEETING.
LET'S, UH, VOTE ON EACH ONE INDIVIDUALLY.
MR. CHAIRMAN, I MOVE TO ACCEPT THE MINUTES OF THE MAY 22ND SPECIAL MEETING.
SECOND, WE HAVE A MOTION AND A SECOND FOR THE MAY 22ND MINUTES.
COMMISSIONER WOOD ABSTAIN CHAIRMAN MERCHANT? YES.
UH, MINUTES ARE APPROVED FOR MAY 22ND FOR THE, FOR THE JUNE 21ST, UH, 2023 REGULAR MEETING.
DO I HAVE A MOTION? MOVED? A MOTION SECOND AND A SECOND TO APPROVE THE MINUTES OF JUNE 21ST, 2023.
MS. POTTER, ROLL CALL, PLEASE.
AND THOSE MINUTES HAVE BEEN APPROVED.
OUR NEXT ITEM OF BUSINESS IS CITIZEN COMMENTS.
THIS IS A TIME THAT WE SET ASIDE FOR ANY CITIZEN THAT WISHES TO SPEAK ON ANYTHING OTHER THAN OUR PUBLIC HEARINGS TONIGHT.
IF YOU HEAR FOR A PUBLIC HEARING, UH, WE'LL GET TO THAT SHORTLY, BUT THIS IS FOR ANY OTHER BUSINESS THAT MAY NEED TO COME BEFORE THEY PLAN A COMMISSION.
IS THERE ANYONE THAT WISHES TO SPEAK BEFORE THE PUBLIC CITIZEN COMMENT SECTION? ANYONE WISH TO SPEAK? SECOND CALL.
UH, WE HAVE NO CITIZEN COMMENTS TONIGHT.
[VI. CONSENT AGENDA ]
SIX ON OUR AGENDA, LADIES AND GENTLEMEN, IS OUR CONSENT AGENDA.WE HAVE ONE ITEM, UH, WHICH WE WILL DISCUSS THAT AT IN THE NEW BUSINESS TONIGHT, CORRECT.
AS WELL AS A WORK SESSION ON THE SECOND.
UM, ANY, ANY, UH, MOTION ON THE CONSENT AGENDA? SO, MOTION.
WE HAVE A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA AS PRESENTED.
[VII. PUBLIC HEARING]
UM, ITEMS ARE, ARE PUBLIC HEARINGS FOR TONIGHT.UH, WOULD LIKE TO GO OVER A FEW RULES ON THE PUBLIC HEARING BEFORE YOU SPEAK.
UH, THE ORDER OF BUSINESS TONIGHT WILL BE, UH, FOR EACH APPLICATION, THE STAFF WILL GIVE A REPORT TO THE PLANNING COMMISSION, UM, AT, AFTER THE COMPLETION OF THE STAFF'S REPORT, THE APPLICANT IS ENCOURAGED, UH, TO SPEAK.
UH, AFTER THE APPLICANT GIVES THEIR PRESENTATION, WE WILL OPEN AND CLOSE THE PUBLIC HEARING COMMENT SECTION, AND THERE WILL BE A PERIOD FOR ANY APPLICANT REBUTTAL.
AND THEN THE PLANNING COMMISSION MAY HAVE A QUERY OR TWO, UH, OF EITHER THE APPLICANT OR ANY SPEAKER.
UM, WE DO ASK THAT YOU DIRECT ALL OF YOUR COMMENTS TO THE PLANNING COMMISSION.
PLEASE DO NOT ADDRESS THE APPLICANT, THE STAFF OR OTHER SPEAKERS.
UH, THE PLANNING COMMISSION MAY OR MAY NOT RESPOND TO ANY OF YOUR QUESTIONS.
UH, A SPECIAL USE REQUEST IS USED TO DETERMINE IF THE PROPOSED USE IS APPROPRIATE FOR THAT PARTICULAR AREA.
UM, AND THAT IS WHAT WE WILL DETERMINE BASED ON TONIGHT'S DISCUSSION.
UH, FOR THOSE THAT HAVE SIGNED UP AND WISH TO SPEAK, PLEASE KEEP YOUR COMMENTS TO AROUND THREE MINUTES.
[00:05:01]
ADDRESS, UH, WE, WE WILL NEED YOUR ADDRESS AND NAME, UH, SPOKEN, UH, FOR THE PURPOSES TONIGHT.UH, AND PLEASE KEEP ALL YOUR COMMENTS, UH, DIRECTED TO THE APPLICATIONS AT HAND.
OUR FIRST PUBLIC HEARING TONIGHT IS APPLICATION NUMBER 23 0 3 30.
THIS IS A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW SHORT TERM RENTAL AT NINE 12 VIRGINIA AVENUE.
UM, STAFF JOHN, ARE YOU GIVEN THE PRESENTATION TONIGHT? PERMIT NUMBER 22 0 0 3 3 0 IS FOR A SPECIAL USE PERMIT FOR A SHORT TERM RENTAL LOCATED AT NINE 12 VIRGINIA AVENUE, IDENTIFIED AS TAX MAP NUMBER 20 A FIVE DASH THREE DASH 38 DASH SIX A ONE.
IT IS IN THE R THREE RESIDENTIAL DISTRICT.
THE REQUEST IS FOR A PARTIAL RENTAL OF A TOWN HOME WITH THREE BEDROOMS FOR SIX PEOPLE.
THE PARCEL HAS TWO PARKING SPACES AVAILABLE IN THE FRONT OF THE TOWN HOME LOCATED THERE IN FRONT OF THE PAVED PARKING LOT.
THE SITE INSPECTION WAS CONDUCTED ON THE INTERIOR OF THE STRUCTURE ON JULY 14TH, AND WAS FOUND IN COMPLIANCE WITH THE REQUIREMENTS FOR A SHORT TERM RENTAL.
ANY QUESTIONS? YES, JOHN, I HAVE ONE QUESTION.
UH, THE, UH, THE APPLICATION WAS PROPERLY ADVERTISED, CORRECT? WITH THE YES.
IT WAS SIGNS IN THE FIELDS AND YOU HAVE COMPLETED YOUR INSPECTIONS AND EVERYBODY IS, IS OKAY TO GO ON THAT, RIGHT? YES.
ANY OTHER QUESTIONS FROM COMMISSIONERS? UM, IN THE, IN THE APPLICANT STATES IN SOME OF THIS PAPERWORK THAT HE WILL BE LIVING ON THE GROUND FLOOR AND RENTING OUT THE THREE TOP ROOMS. IS THAT YOUR UNDERSTANDING? THAT'S PROBABLY A QUESTION YOU NEED TO ASK THE APPLICANT.
UH, AT THIS TIME, IF THE APPLICANT IS HERE, PLEASE STATE YOUR NAME AND ADDRESS PLEASE.
MY NAME IS JOSEPH CHARO, UH, ADDRESS NINE 12 VIRGINIA AVENUE.
UH, THANK YOU FOR CONSIDERING MY SHORT TERM RENTAL.
UH, I WANNA MAKE ONE CLARIFICATION AND THEN ANSWER MS. ER'S, UH, QUESTION, UH, REGARDING THE PARKING SPACES, UH, THERE IS TWO SPARK PARKING SPACES, BUT THREE BEDROOMS. I, I REALIZED THIS IS A DEFICIENCY THAT THERE SHOULD BE THREE PARKING SPACES.
UH, BUT I WANTED TO STATE THAT I INTEND TO ADVERTISE IN THE APPLICATION THAT I'M ONLY RENTING IT OUT TO ONE FAMILY AND THEREFORE, UH, I THEY CAN SAFELY USE THE TWO, TWO PARKING SPACES AND WOULD NOT NEED, UH, THE THREE IN THE APPLICATION.
UH, WOULD YOU BE ABLE TO STATE THE QUESTION AGAIN? UH, YES, PLEASE.
UH, AS I WAS LEAFING THROUGH ALL THE PAPERWORK FOR YOUR APPLICATION, IT SAYS SOMEWHERE THAT YOU WILL BE LIVING THERE.
AND SO THIS WILL BE AN OWNER OCCUPIED SHORT TERM RENTAL.
IT WAS ORIGINALLY INTENDED TO BE, BUT I WAS MADE AWARE OF THE FIVE PARKING SPACE REQUIREMENT IF IT WAS AN OWNER OCCUPIED.
UM, SO I WILL NOT, I WILL NOT, IT WILL, SHOULD BE, UH, IT'S NOT AN OWNER OCCUPIED, UH, RENTAL.
YOU HAVE ANYTHING ELSE TO SAY? NOTHING ELSE.
UH, IF, IF WE MAY CALL YOU BACK FOR A QUESTION.
AT THIS TIME WE'LL OPEN A PUBLIC HEARING IN THIS MATTER.
IS THERE ANYONE WHO WISHES TO SPEAK? ANY OF THE PUBLIC WISHES TO SPEAK? IF YOU WANNA SPEAK, COME FORWARD.
DO YOU HAVE THE LIST? THANK YOU.
[00:10:01]
IS DIANE DEMAN, NINE 30 VIRGINIA AVENUE.I HAVE THE STUCCO HOUSE AT THE TOP OF THE HILL, AND, UM, I HAVE TO STRONGLY OBJECT TO THIS APPLICATION.
UM, AND I HAVE A FEW, YOU KNOW, BULLET POINTS.
UM, THERE'S NO STREET PARKING ON THAT PART OF VIRGINIA AVENUE.
THERE IS VIRTUALLY NO CENTER LINE.
SO IF YOU'RE COMING UP THE HILL, YOU CAN'T REALLY SEE, YOU KNOW, THAT YOU'RE ON A TWO-WAY STREET.
UH, VIRGINIA AVENUE RUNS NORTH AND SOUTH AND IS USED BY CARS WHO ARE BACKED UP ON ROYAL AVENUE OR COMMERCE STREET DURING HEAVY TOURIST VISITS AS IN THE SPRING AND IN THE, THE FALL AND ON WEEKENDS YEAR-ROUND, UH, AROUND TRAFFIC ON VIRGINIA AVENUE WILL INCREASE.
UH, THERE ARE NO FENCES BEHIND THE TOWNHOUSES, WHICH MEANS THAT IF SOMEBODY IN THE END TOWNHOUSE LETS THEIR DOG OUT IN THIS MEADOW IN THE BACK WHERE WE LIVE, THERE'S NOTHING TO STOP THAT DOG FROM, YOU KNOW, GONG POTTY OR WHATEVER IN THAT PLACE.
AND, AND WE DON'T HAVE ANY INSURANCE OR ASSURANCE THAT THAT WILL BE, YOU KNOW, SOMEHOW CONSTRAINED.
YOU KNOW, LIKE, WILL THERE BE NO PETS SINCE THAT KIND OF THING.
UM, AND THE NEIGHBORHOOD IS REALLY QUIET.
I MOVED IN SHORTLY BEFORE THE TOWNHOUSES WERE BUILT, AND THEY'RE GREAT, ALL OF THEM, AND THEY ALL KNOW ABOUT THIS AND SORT OF SUPPORT MY, MY BEING HERE TONIGHT.
IS THERE ANYONE ELSE LIKE TO SPEAK FOR OR AGAINST THIS PUBLIC HEARING? ANYONE ELSE? SECOND CALL.
I WILL CLOSE THE PUBLIC HEARING PORTION.
COMMISSIONERS, YOU HAVE ANY QUESTIONS OF STAFF OR THE APPLICANT? JOHN, I HAVE A QUESTION.
COULD YOU COME BACK TO THE PODIUM? I'D LIKE TO MAKE IT WALK AND STAND A LITTLE BIT.
UH, STAFF HAS RECOMMENDED DENIAL OF THIS SPECIAL USE PERMIT FOR PARKING REASONS.
CAN YOU, CAN YOU EXPLAIN TO US WHAT'S GOING ON WITH THE PARKING WITH THE THREE BEDROOMS? OKAY.
UH, AS NOTED ON THE APPLICATION, EACH ROOM REQUIRES A ONE PARKING SPACE.
UH, ACCORDING TO OUR CODES THAT EACH BEDROOM, BEDROOM, EACH BEDROOM REQUIRES ONE PARKING SPACE.
SO WITH THE APPLICATION STATED, UH, IS FOR THREE BEDROOMS, UH, WHICH WOULD REQUIRE THREE PARKING SPACES AS PER OUR CODE.
SO IF HE, OR IF THE APPLICANT ONLY RENTED OUT TWO BEDROOMS, OF COURSE THE APPLICATION, IT SAYS IT'S GOING TO DO THREE.
UH, IS IT BASED ON WHAT THE APPLICATION SAYS THEY'RE GONNA RENT OR THE TOTAL NUMBER OF BEDROOMS IN THE BUILDING? IT IS BASED ON THE USE OF THE PROPERTY WITH THE, IF THEY'RE GONNA DO TWO ROOMS, IT WOULD BE ESSENTIALLY A, A PARTIAL RENTAL, NOT A WHOLE HOUSE RENTAL.
SO THEY ARE USING THAT FOR, FOR EXAMPLE, TWO BEDROOMS, IF THAT WAS THEIR DESIRE.
WHICH WOULD MAKE TWO PARKING SPACES.
IF, IF THIS WAS APPROVED, HOW THE PLANNING DEPARTMENT DOESN'T GO BY AND CHECK ON WHO'S RENTING IT OR WHO'S OCCUPYING IT OR HOW MANY CARS THERE? RIGHT.
I MEAN, IF THIS WERE TO GO THROUGH, UM, THERE'S NO WAY TO VERIFY IS THERE IF, IF WE WERE TO DO INSPECTIONS OR ANSWER SOME COMPLAINTS IN THE AREA, UH, WE HAVE THE, IN THE POLICY TO REVOKE THE SPECIAL USE PERMIT IF THEY'RE FOUND NOT IN COMPLIANT WITH THE SPECIAL USE PERMIT.
AND DO YOU WORK ON WEEKENDS?
JOHN WORKS VERY HARD ON THE WEEKENDS.
OBVI, OBVIOUSLY A LOT OF RENTALS ARE OCCUPIED ON WEEKENDS.
UH, THE ISSUE OF THIS IS YOU HAVE THREE BEDROOMS. CODE SAYS YOU MUST HAVE A PARKING SPACE FOR EACH BEDROOM.
[00:15:01]
I'M NOT SURE THAT I UNDERSTAND HOW WE CAN, UM, VARY FROM THAT.ANY OTHER QUESTIONS FOR JOHN WHILE HE IS UP? THANK YOU, JOHN.
UH, THIS IS A QUESTION FOR THE DIRECTOR.
UM, IS THERE ANY WAY WE CAN IMPRESS UPON COUNSEL TO LOOK AT THE PARKING SITUATION? I MEAN, UH, OBVIOUSLY WHEN WE DID THE SHORT TERM RENTAL IN THE BEGINNING, IT WAS A TRIAL RUN CORRECT? TO SEE, YOU KNOW, WHAT PROBLEMS WOULD CROP UP? WELL, THE PARKING SEEMS TO BE THE CONSISTENT ISSUE.
PARKING IS A CONSISTENT PROBLEM.
UH, THE REQUIREMENT OF THAT WE HAVE OFF STREET PARKING.
UH, AND I THINK THE WAY THAT IT'S WORDED TO SAY DESIGNATED OR APPROVED PARKING AREAS, I THINK IS WHAT'S BECOMING PROBLEMATIC.
MY RECOMMENDATION WOULD BE THAT THIS BODY, UM, EITHER, UM, EITHER BE A RESOLUTION, I MEAN, BECAUSE TECHNICALLY THE PLANNING, IF YOU MAKE A RECOMMENDATION TO COUNSEL THAT THEY AMEND THE CODE.
BECAUSE THE PLANNING COMMISSION, AGAIN, WE LOOK AT THE, WHETHER THIS USE IS APPROPRIATE, THE PARKING REQUIREMENTS, UH, INSPECTIONS, FIRE EXTINGUISHERS, THAT'S ALL.
THOSE ARE ALL TECHNICAL REQUIREMENTS, BUT IT SEEMS TO ME THEY'RE EITHER MET OR NOT.
RIGHT NOW, IF THE APPLICANT WERE TO SAY, I'M ONLY GONNA RENT TWO BEDROOMS, WOULD HE BE ABLE TO HAVE A SHORT TERM RENTAL IN THIS FACILITY? THAT DETERMINATION'S GONNA BE UP TO COUNSEL.
I CAN'T RECOMMEND THAT COUNSEL APPROVE AN APPLICATION WHEN IN BLACK AND WHITE THEY DON'T MEET THE PARKING REQUIREMENTS.
ANY OTHER QUESTIONS OF THE DIRECTOR? UH, WOULD THE APPLICANT LIKE TO SAY ANYTHING ELSE? YOU HAVE THE TIME FOR REBUTTAL.
AND ACTUALLY THAT TERM IS, IS DESIGNATED PARKING, UH, OF WHICH DESIGNATED PARKING WE'VE DETERMINED CANNOT BE ON THE STREET ACCORDING TO LEGAL RAMIFICATION.
OR, OR IT'S, OR IT'S NOT A PUBLIC STREET PARKING SPOT AS A DESIGNATED SPOT, IN MY OPINION, ON STREET PARKING OR PUBLIC PARKING WOULD HOWEVER YOU WANT TO CHARACTERIZE IT, WOULD NOT SATISFY THE PARKING REQUIREMENTS FOR ANY USE.
ANY OTHER QUESTIONS OF STAFF OR ANYONE IN THIS MATTER? I WILL ENTERTAIN A MOTION SO WE CAN DISCUSS THE MOTION.
SOMEBODY WANTS TO MAKE A MOTION.
MR. CHAIRMAN, I MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF DENIAL TO THE FRONT ROYAL TOWN COUNCIL FOR SPECIAL USE PERMIT NUMBER 2 3 0 3 30 FOR A SHORT TERM RENTAL LOCATED AT NINE 12 VIRGINIA AVENUE DUE TO INSUFFICIENT PARKING.
WE HAVE A MOTION AND A SECOND.
ANY DISCUSSION ON THE MOTION? I WOULD POINT OUT THAT THIS IS A MOTION TO DENY.
SO A YES VOTE IS FOR A DENIAL.
ANY OTHER DISCUSSION? MS. POTTER, WOULD YOU DO A ROLL CALL? VOTE PLEASE.
SO THE MOTION TO DENY IS APPROVED AND WE WILL FILL OVER THAT MOTION TO THE COUNCIL FOR THEIR CONSIDERATION.
THIS IS A REQUEST FOR A SPECIAL USE PERMIT FOR TWO APARTMENTS TO BE LOCATED ON THE GROUND FLOOR AT 1127 NORTH ROYAL AVENUE.
JOHN, ARE YOU SPEAKING ON THIS TOO? JOHN'S BECOME QUITE THE, UH, SPEAKER FOR PUBLIC HEARINGS.
APPLICATION 22 0 0 3 81 SUBMITTED BY INDEPENDENCE REALTY.
L L C IS FOR A SPECIAL USE PERMIT FOR TWO EXISTING GROUND FLOOR DWELLING UNITS AT 1127 NORTH ROYAL AVENUE, IDENTIFIED AS TAX MAP NUMBER 20 A THREE DASH FIVE DASH 24 AND 25.
[00:20:01]
BUSINESS DISTRICT AND IS ALSO IN THE ENTRANCE CORRIDOR OVERLAY DISTRICT.THE STRUCTURE CURRENTLY HAS THREE EXISTING DWELLING UNITS, THUS REQUIRING SIX PARKING SPACES AS PER TOWN CODE 1 48 8 70.
THE APPLICANT HAS SUBMITTED A REVISED PLAT SINCE THE WORK SESSION SHOWING THE EXISTING IMPROVEMENTS, INCLUDING THE PROPOSED EXPANSION OF THE GRAVEL PARKING AREA AND THE ADJACENT PROPERTY THAT HAS TWO PARKING SPACES AVAILABLE FOR LEASE.
SO THE UH, DASH LINE IS THE EXISTING, UH, EDGE OF THE GRAVEL BE MARKED BY THIS LINE.
AND THOSE ARE THE FOUR PROPOSED PARKING SPACES THAT NEED EXPANSION.
AND THEY HAVE TWO AVAILABLE PARKING SPACES ON THE ADJACENT, UH, PROPERTY THAT THEY HAVE SUBMITTED A DRAFT LEASE AGREEMENT TO RETAIN THESE TWO PARKING SPACES, UH, TO MEET THE SIX PARKING SPACES REQUIREMENT FOR THE DWELLING UNITS.
UH, TOWN CODE 1 48, 8 70 A 14 STATES PARKING AREAS AND MANEUVERING AREAS SHALL BE PAVED WITH BITUMINOUS CONCRETE OR SIMILAR HARD SURFACE MATERIAL.
HOWEVER, THE DIRECTOR MAY APPROVE STONE IN LIEU OF PAVEMENT FOR PARKING AREAS NO MORE THAN 4,500 SQUARE FEET IN SIZE.
SO ESSENTIALLY THE TWO LOTS COMBINED IS 8,775 SQUARE FEET.
SO THE PARKING LOT EXPANSION WOULD NOT BE OVER THE 4,500 SQUARE FOOT THRESHOLD REQUIRING PAVEMENT OR CONCRETE.
UH, AND WE DID CHECK WITH, UH, ROCKINGHAM COUNTY AND, UH, THEY WOULD NOT REQUIRE A LAND DISTURBING PERMIT FOR THE EXPANSION OF THE PARKING LOT.
UH, THEY WOULD BE EXEMPT BECAUSE THE TOTAL LAND DISTURBANCE IS LESS THAN 10,000 SQUARE FEET.
SO THE LOTS THEMSELVES ARE ONLY 87 75.
SO THEY'RE UNDER THE THRESHOLD OF 10,000.
SO THEY ARE, THEY SHOULD NOT BE INCLUDED AND REQUIRING AND LAND DISTURBING PERMIT.
IF THAT WAS GONNA BE BROUGHT UP, I THOUGHT I'D MENTION THAT AHEAD OF TIME.
DWELLING UNITS ARE DEFINED AS ONE ROOM OR ROOMS CONNECTED TOGETHER, CONSTITUTING A SEPARATE INDEPENDENT HOUSEKEEPING ESTABLISHMENT FOR OWNER OCCUPANCY FOR RENTAL OR LEASE ON A WEEKLY, MONTHLY, OR LONGER BASIS.
AND PHYSICALLY SEPARATED FROM ANY OTHER ROOMS OR DWELLING UNITS, WHICH MAY BE IN THE SAME STRUCTURE IN CONTAINING INDEPENDENT COOKING AND SLEEPING FACILITIES AND CONTAINING NOT LESS THAN 600 SQUARE FOOT OF RESIDENTIAL FLOOR AREA, SUCH UNITS SHALL MEET REQUIREMENTS OF THE BUILDING CODE OF THE TOWN OF FRONT ROYAL.
ACCORDING TO THE VIRGINIA VANET SITE TAXES, THE, UH, STRUCTURE HAS 1,476 SQUARE FEET OF GROSS FLOOR AREA.
INFORMATION SUPPLIED BY THE APPLICANT HAS UNIT ONE CONTAINED IN APPROXIMATELY 856 SQUARE FEET OF RESIDENTIAL FLOOR AREA.
AND UNIT THREE HAVE AN APPROXIMATELY 620 SQUARE FOOT OF RESIDENTIAL FLOOR AREA.
UH, THAT IS THE VIEW OF THE REAR OF THE EXISTING PARKING THERE NOW, WHICH IS INSUFFICIENT FOR SIX PARKING SPACES, THUS REQUIRING THE EXPANSION.
AND THAT'S ANOTHER VIEW OF THE DRIVEWAY THAT GOES INTO THE ADJACENT PROPERTY TO THE RIGHT.
UH, THIS CAME ABOUT BY A MAINTENANCE INSPECTION OF THE PROPERTY.
UH, WHEN WE DISCOVERED THAT IT WAS A, UH, SINGLE FAMILY DWELLING PRIOR TO 2015 AND THERE WAS CONVERSION OF THE INTERIOR CREATING THREE DWELLING UNITS.
UH, STAFF DID SOME RESEARCH AND WE DID NOT, UH, FIND A ZONING PERMIT ON FILE NOR A BUILDING PERMIT ISSUED FROM WARREN COUNTY TO DO THE RENOVATIONS TO THE INTERIOR.
UH, SO WE DISCOVERED THIS AND WE'RE TRYING TO WORK WITH THE APPLICANT TO FIND A SOLUTION FOR THE PROPERTY WHICH NEEDS A SPECIAL USE PERMIT TO HAVE THE DWELLING UNITS ON THE BOTTOM FLOOR IN THE C1 DISTRICT.
[00:25:02]
A LOT TO GO OVER.ANY QUESTIONS THOUGH? SO THE REQUIREMENT IS FOR THE DWELLING UNITS TO BE ON THE GROUND FLOOR.
THE SPECIAL USE PERMIT IS FOR THE GROUND FLOOR DWELLING UNITS.
THEY'RE ALLOWED BY RIGHT ON THE SECOND FLOOR.
LET'S GO BACK TO THE PARKING FOR A MOMENT.
THE APPLICANT NOW, WELL, SOMEBODY I, I SHOULDN'T SAY THE APPLICANT, THERE'S NOW DEBRIS, UH, IT LOOKS LIKE FILL, UH, BRICKS, PADS, UH, VARIOUS THINGS OUT HERE ABOUT WHERE THE GOLD CAR IS.
I I'M NOT CLEAR ON WHAT YOU SAID ABOUT THE EXPANSION.
IS THAT ALLOWED OR NOT ALLOWED? YES, THE PARKING LOT EXPANSION IS ALLOWED.
TO INCREASE IT TO ACCOMMODATE FOUR PARKING SPACES, THEY WOULD NOT REQUIRE A LAND DISTURBING PERMIT.
THAT, THAT, THAT'S WHERE I WAS CONFUSED.
THANK YOU FOR CLEARING THAT UP.
NOT REQUIRE A LAND DISTURBING PERMIT, BUT, UH, UM, BECAUSE THE STEEPNESS OF THE TERRAIN IN THE BACK, IT WOULD PROBABLY BE HIGH, HIGHLY RECOMMENDED THAT THEY DO INSTALL SOME TYPE OF EROSION AND SEDIMENT CONTROL MEASURES, BUT NOT REQUIRED.
IS THERE ANY ISSUE, UH, I WENT BY THE PROPERTY TODAY AND LOOKED AT THE SURVEYING STICKS AND I THINK YOU MENTIONED IN THE WORK SESSION YOU GOT A FRONT VIEW.
UH, CAN WE BACK UP ONE PLEASE? THE DRIVEWAY TO THE RIGHT IS ACTUALLY NOT ON THIS PROPERTY'S LINE.
THE UH, DARK SOLID LINE IS THE PROPERTY LINE HERE.
SO THE DRIVEWAY AND THAT ACCESS TO THE GRAVEL THAT'S LABELED HERE, CORRECT.
UH, GOES TO THIS PARKING AREA HERE.
AND ALSO, UH, COULD BE USED FOR THIS PARKING AREA.
THE APPLICANT DOES OWN, UH, THESE DUPLEXES HERE, UH, TO THE SOUTH OF THE, UH, PROPERTY WE'RE SPEAKING OF.
SO THERE'S NO CONCERN ON STAFF'S PART THAT WE KNOW THE PROPERTY GETS SOLD EVERY DAY, UM, THAT THERE NEEDS TO BE A, UH, RIGHT OF WAY BECAUSE THERE IS THE OTHER DRIVEWAY TO THE LEFT SIDE.
THEY DO HAVE ACCESS UP TO THE TOP HERE.
GRAVEL DRIVE TO ACCESS HERE, WHERE AT ONE TIME THERE WAS A GARAGE SET HERE IN THE BACK.
ANY OTHER QUESTIONS? THE APPLICANT HERE? ANY QUESTIONS OF JOHN? UH, JOHN DID THE PUBLIC WORKS REVIEW THE APPLICATION FOR THE ENTRANCES AS FAR AS WHETHER THEY'RE STANDARD FOR, THEY WOULD ONLY REVIEW THAT IF THERE'S GONNA BE A MODIFICATION TO THE ENTRANCES.
ANY OTHER QUESTIONS FOR JOHN OR STAFF? I THINK YOU JOHN, UH, IS, IS THE APPLICANT HERE TONIGHT? WOULD THE APPLICANT LIKE TO SPEAK OR GIVE A PRESENTATION? HI, UH, MY NAME IS LYNN DEAL.
I'M THE PROPERTY MANAGER FOR INDEPENDENCE REALTY.
HE, UM, IS THE MANAGER FOR INDEPENDENCE REALTY.
UH, I JUST WANTED TO SEE IF THERE'S ANY QUESTIONS THAT, THAT YOU NEED US TO ANSWER.
I MEAN, WE'RE IN THE PROCESS OF EXPANDING THIS.
WE DID SUBMIT, WE OWN BOTH PROPERTIES, SO WE'VE ALWAYS PRESENTED IT WITH ALLOWING OVERFLOW PARKING AND IT'S NEVER REALLY BEEN A PROBLEM.
SO, YOU KNOW, GETTING OUR, OUR TENANTS TO CONTINUE TO DO THAT UNTIL WE EXPAND.
UM, NOT A PROBLEM FROM ANYBODY AND WE ARE IN THE PROCESS OF EXPANDING IT.
ANY QUESTIONS OF THE APPLICANT OR AGENT? SO YOU'RE PREPARED TO EXPAND YOUR PARKING? YES.
AND THAT'S WHERE THE CLEAN FILL YES.
THAT I RECOGNIZING AND SO FORTH IS GONNA BE PUT IN THERE FIRST.
AND THE BUILDING AS IT IS NOW, AND I'M LOOKING AT YOU, BUT JOHN IS NOT IN COMPLIANCE BECAUSE IT'S A THREE RENTAL UNIT, IS THAT CORRECT? IT'S NOT IN COMPLIANCE BECAUSE THEY HAVE TWO DWELLING UNITS ON THE BOTTOM FLOOR, WHICH
[00:30:01]
IS ONLY PERMITTED IN THE C1 WITH A SPECIAL USE PERMIT.SO THEY HAVE CURRENTLY THREE IN EXISTENCE.
AND THEY NEED SIX PARKING SPACES IF IS THE DESIRE OF THE PLANNING COMMISSION AND TOWN COUNCIL TO APPROVE THE SPECIAL USE PERMIT.
ANY OTHER QUESTIONS OF THE APPLICANT? THANK YOU.
UH, AT THIS TIME WE'LL OPEN THE PUBLIC HEARING.
OUR FIRST SPEAKER SIGNED UP AS NATE, UH, RED DOG.
DID I PRONOUNCE THAT RIGHT? DID YOU WANNA SPEAK OR? YES.
UM, YOU HAVE THREE MINUTES, SO, SO USE THEM WISELY.
YEAH, SO WE'RE, WE'RE DEFINITELY, UM, EXPANDING THE LOT TO ACCOMMODATE THE SIX SPACES NECESSARY FOR EACH THREE UNITS.
AND, UM, SUBMITTED ALSO A LETTER TO ALL TENANTS AND NOTIFYING EVERYONE, UM, TO WHOM IT MAY CONCERN THAT THE TEMPORARY SITUATION WILL ALLOW TWO PARKING SPACES AVAILABLE BEHIND 1 1 25 AND 1 1 23 NORTH ROYAL TO BE USED TEMPORARILY BY THE, THE TENANTS AT 1 1 27 WHO ARE WITHOUT ADEQUATE PARKING.
SO THE TWO SPACES ARE LEFT FOR THEM UNTIL THE PARKING IS FILLED AND THEY HAVE THAT EXTENDED LOT AND ADDITIONAL SPACE.
UM, THAT'S PRETTY MUCH ALL I HAVE.
SO I ASSUME YOU'RE IN FAVOR OF THE APPLICATION? YES, PLEASE.
THAT'S, THAT'S THE MAIN PURPOSE.
CAN I ASK A QUESTION? WHAT'S THAT? CAN I ASK A QUESTION SPEAKER? UH, YES.
COMMISSIONER STER WISHES ASK YOU A QUESTION.
THE, THE DRIVEWAY TO THE LEFT HAND SIDE, IS THAT AVAILABLE FOR PARKING BY TENANTS ON THE LEFT HAND SIDE AS YOU FACE THE HOUSE YEAH.
ALONG THERE ON THAT GRAVEL DRIVE? CORRECT? YEAH.
WE SORT OF PREFER TO HAVE IT AS AN ACCESS OUT, UM, AS WELL.
OH, SO IT'S PART OF YOUR LOOP, IN OTHER WORDS, BUT, BUT OKAY.
WE HAVE IN THE PAST ALLOWED, YOU KNOW, TEMPORARY PARKING THERE, UM, YOU KNOW, WHEN FOLKS ARE GETTING GROCERIES, THAT SORT OF THING.
IS THERE ANYBODY ELSE THAT WISH TO SPEAK ON THIS PUBLIC HEARING ON THIS MATTER BEFORE US TONIGHT? SECOND CALL.
ANYONE WISH TO SPEAK? THIRD AND FINAL CALL.
I'LL CLOSE THE PUBLIC PORTION.
THE AGREEMENT, UH, WITH THE ADJOINING PROPERTY OWNER, WILL THAT BE SOMETHING THAT IS RECORDED AT THE COURTHOUSE OR WHAT, WHAT TYPE OF DOCUMENT DO WE NEED FOR THAT? THEY'VE SUBMITTED A DRAFT COPY FOR THE PARKING LEASE.
UH, OUR LEGAL DEPARTMENT IS REVIEWING THAT, SO THEY, THEY NEED TO REVIEW THAT ALONG WITH OUR PLANNING DIRECTOR ON THE, UH, VALID VALIDNESS OF THE, UH, PARKING LEASE AGREEMENT PER TOWN CODE.
UH, ANY OTHER QUESTIONS OF STAFF BEFORE WE MAKE A MOTION OF THE APPLICANT? OKAY, CHAIR.
WANNA ENTERTAIN A MOTION? MR. CHAIRMAN? I MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO THE FRONT ROW TOWN COUNCIL FOR A SPECIAL USE PERMIT NUMBER 23 0 0 3 81 FOR TWO DWELLING UNITS TO BE LOCATED ON THE GROUND FLOOR AT 1127 NORTH ROYAL AVENUE WITH THE FOLLOWING CONDITIONS.
ONE THAT THE APPLICANT SUBMITS A PARKING AGREEMENT WITH THE ADJOINING PROPERTY OWNER FOR AN ADDITIONAL TWO PARKING SPACES THAT IS APPROVED BY LEGAL AND TWO, THAT THE APPLICANT ENLARGE THE CURRENT PARKING AREA TO ACCOMMODATE FOUR SPACES.
I'LL SECOND THAT FOR DISCUSSION.
WE HAVE A MOTION AND A SECOND.
ANY DISCUSSION ON THE MOTION? UH, I WOULD JUST LIKE TO POINT OUT ONE ITEM.
UM, YOU KNOW, THE WHOLE PURPOSE OF NOT ALLOWING APARTMENTS IN THE COMMERCIAL ZONE WAS TO LEAVE THAT SPACE FOR COMMERCIAL ENDEAVORS.
UH, I KNOW IN OUR COMP PLAN WE DID AWAY WITH COMMERCIAL FOR THIS PARTICULAR AREA AND INSTEAD WENT WITH MIXED USE.
SO, UH, DIRECTOR, DOES THIS KIND OF GO IN LINE WITH WHAT WOULD THE FUTURE COMP PLAN IS LOOKING TO DO?
[00:35:01]
I THINK THE IDEA OF THE COMMERCIAL MIXED USE AREA THAT WE DESIGNATED, THIS WOULD BE MORE OF A TWO SEPARATE USES ON THE SAME LOT.UH, THIS IS, THIS IS MORE IN LINE WITH LIKE THE, THE CURRENT, I GUESS, INTENTION OF OUR C ONE DISTRICT, WHICH IS THAT THERE SHOULD ONLY BE GROUND FLOOR RESIDENTIAL IN SPECIAL CIRCUMSTANCES.
UM, THIS LOT, UH, I THINK IT WOULD BE DIFFICULT TO FIT A COMMERCIAL USE ON IT.
UM, YOU WOULD NEED TO PURCHASE SEVERAL LOTS TO GET A STRICTLY COMMERCIAL USE AND BE ABLE TO PUT SUFFICIENT PARKING.
I, I THINK IT'S APPROPRIATE IN THIS INSTANCE, BUT, UH, I DON'T KNOW THAT IT, IT FITS THE INTENTION OF LIKE THE FU THE FUTURE, UM, IDEA FOR THIS PORTION OF TOWN.
SO IT, AND THIS BUILDING WAS NEVER USED FOR COMMERCIAL THAT I CAN EVER RECALL.
SO NO, THIS BUILDING HAS ALWAYS BEEN USED AS, AS RESIDENTIAL.
SO IT'S NOT LIKE WE'RE TAKING A, UH, A MCDONALD'S AND CORRECT.
ANY OTHER QUESTIONS OR ANY DISCUSSIONS ON THE MOTION? SORRY, HEARING NONE, MS. POTTER, WOULD YOU DO A ROLL PLEASE? COMMISSIONER MARSH.
THE MOTION TO APPROVE OR WILL SEND A RECOMMENDATION TO COUNSEL, UH, FOR APPROVAL, UH, THEY WILL MEET ON AT THEIR NEXT REGULAR MEETING.
ON THIS NEXT ITEM OF BUSINESS IS APPLICATION NUMBER 23 0 3 87, A SPECIAL USE PER TO ALLOW SHORT TERM RENTAL AT FOUR 17 CURB FOOT AVENUE.
JOHN PERMIT NUMBER 22 0 0 3 87.
SPECIAL USE PERMIT AGAIN FOR SHORT TERM RENTAL.
LOCATED AT 4 1 7 KER FOOT AVENUE, IDENTIFIED AS TAX MAP 20 A SIX DASH SEVEN LOTS, 41 AND 42.
IT IS IN THE R ONE RESIDENTIAL DISTRICT.
REQUEST IS FOR A WHOLE HOUSE RENTAL OF A SINGLE FAMILY DWELLING WITH TWO BEDROOMS AND FOR FOUR PEOPLE.
UH, THERE IS THE PLAT THAT IS SUBMITTED WITH THAT.
THE SITE INSPECTION WAS CONDUCTED ON THE INTERIOR OF THE STRUCTURE ON JUNE 26TH AND WAS FOUND IN FULL COMPLIANCE WITH THE APPLICATION.
AS NOTED HERE, PARKING IS AVAILABLE ON THE STREET AND THE PROPERTY DOES NOT HAVE A DRIVEWAY NOR A DRIVEWAY APRON TO ACCOMMODATE A DRIVEWAY.
ANY QUESTIONS? UM, HOW MANY BEDROOMS ARE GOING TO RENT? TWO, TWO BEDROOMS? YEAH, I, THERE'S ONLY TWO BEDROOMS IN THE, UH, STRUCTURE IN THE HOUSE.
AN ANY THANK ANY QUESTIONS FOR JOHN WHILE HE IS UP? WE CAN CALL HIM BACK.
UH, WOULD THE APPLICANT LIKE TO SPEAK? HELLO, I'M MESA CORAL FOUR 17 CURVE FOOT AVENUE.
UM, SO WHEN I, CAN YOU HEAR ME BETTER NOW? THANKS.
UM, WHEN I PURCHASED MY HOUSE, I DIDN'T HAVE THE INTENTION OF IT BEING AN INVESTMENT PROPERTY.
UM, BUT SHORTLY AFTER I CLOSED, I FOUND OUT I GOT INTO VET SCHOOL, SO I DECIDED THAT, UM, SHORT TERM RENTAL WAS THE, THE BEST CHOICE FOR ME SINCE I WANNA BE ABLE TO COME BACK AND LIVE IN IT, UM, DURING MY BREAKS FROM SCHOOL, WHILE ALSO BEING ABLE TO PAY MY MORTGAGE WHILE WHILE I'M GONE.
UM, AS FAR AS PARKING, UH, I FEEL LIKE IF STREET PARKING IS A REQUIREMENT FOR THIS PERMIT, IT SHOULD BE EXPLICITLY STATED AS ONE IN THE APPLICATION.
UM, INSTEAD THE APPLICATION STATES THAT PARKING CAN BE LOCATED IN OTHER DESIGNATED AND APPROVED PARKING AREAS, WHICH AS WE HAVE SEEN, UM, THROUGHOUT ALL OF THESE TODAY, IT LEAVES ROOM FOR INTERPRETATION.
SO IF I WOULD'VE KNOWN THAT, UH, PARKING WAS A REQUIREMENT, I WOULD'VE NEVER MOVED FORWARD WITH, UM, PAYING FOR THE APPLICATION AND FURNISHING MY HOUSE AND GETTING ALL THE PREP WORK.
UM, I WOULD'VE JUST RENTED IT OUT AS A NORMAL
[00:40:01]
RENTAL.UM, AS JOHN STATED, THERE'S NO CURB CUT ON MY PROPERTY.
AND THEN I ALSO HAVE THE, THE FENCED IN GRASSY AREA THAT, UM, I DO NOT HAVE ANY INTENTION ON PUTTING A PARKING LOT THERE BECAUSE I DON'T WANT TO DESTROY MY, MY FRONT YARD.
SO, UM, ESPECIALLY WHEN THE STREET IS WIDE ENOUGH FOR, UH, PARKING AS WELL AS CARS TO DRIVE BY WITH NO PROBLEM.
AND I'VE NEVER HAD A PROBLEM PARKING ON THE STREET, AND MY FRIENDS AND FAMILY HAVE NEVER HAD A PROBLEM PARKING THERE EITHER.
UM, I ALSO LEARNED DURING THE LAST PLANNING COMMISSION WORK SESSION THAT OTHER SHORT TERM RENTAL APPLICATIONS WITH ON-STREET PARKING HAVE BEEN APPROVED, UM, WHICH SIGNIFIES TO ME THAT HAVING OFF STREET PARKING IS NOT AN EXPLICIT REQUIREMENT, UM, AND THAT THE WORDING OF DESIGNATED OR APPROVED PARKING AREAS CAN BE SATISFIED WITH ON-STREET PARKING.
UM, SO JUST TO SUMMARIZE, I FEEL THAT MY HOUSE IS, IS IN FULL COMPLIANCE WITH WHAT IS STATED IN THE APPLICATION AND ALSO WHAT HAS BEEN PREVI PREVIOUSLY APPROVED UNDER THE SAME REQUIREMENTS.
UM, PLUS, INSTEAD OF IT BEING LEFT VACANT WHILE I'M OUT, UM, AT THAT SCHOOL IN WASHINGTON, UM, THIS WOULD ALLOW ME TO, UM, ADD VALUE TO THE COMMUNITY WELL, WHILE I'M IN VET SCHOOL.
SO I, I DO REALLY APPRECIATE YOUR TIME AND CONSIDERATION, BUT THAT'S ALL I HAD, SO OPEN FOR QUESTIONS.
WE MAY CALL YOU BACK HERE IN A SECOND, SO, OKAY.
THIS TIME AT THIS TIME I'LL OPEN A PUBLIC HEARING.
IS THERE ANYONE HERE THAT WISHES TO SPEAK IN THIS MATTER BEFORE US TONIGHT? SECOND CALL FOR ANY PUBLIC COMMENTS.
THIRD AND FINAL CALL, THE PUBLIC PORTION OF THE, UH, SPECIAL USE REQUEST IS CLOSED.
ANY, ANY QUESTIONS OF STAFF OR THE APPLICANT? UH, I HAVE A QUESTION FOR STAFF.
IF, IF THE HOMEOWNER DOES DECIDE TO TURN THIS INTO A REGULAR RENTAL, ARE THERE ANY HOPE HOOPS OR PARKING REQUIREMENTS FOR THAT? PARKING CURRENTLY IS ON STREET PARKING.
IF THEY WOULD, FOR EXAMPLE, RENT FOR 31 DAYS OR LONGER, THEN OFF STREET PARKING WOULD NOT BE REQUIRED.
UH, FOR A SHORT TERM RENTAL, LESS THAN 30 DAYS.
THE CODE DOES STATE FOR THE CHANGE OF USE, YOU REQUIRE TWO OFF STREET PARKING AREAS.
SO ANYTHING LONGER THAN 31 DAYS DOESN'T COME TO OUR OFFICE.
THAT, THAT'S WHAT I THOUGHT, BUT I WANTED TO BE CLEAR ON THAT.
SO QUESTION FOR STAFF, IF THE SPECIAL USE PERMIT IS FOR SHORT TERM RENTAL MM-HMM.
IF THE APPLICANT WANTED TO RENT HER HOUSE, THERE'S NO ISSUE THEN WITH PARKING.
IF SHE WANTS TO, IT COMES LANDOWNER'S RIGHTS.
SHE HAS TO RENT IT FOR MORE THAN 31 DAYS.
SO SHE, IF SHE DID A MONTH TO MONTH MM-HMM.
THAT'S JUST BETWEEN HER AND WHO SHE CHOOSES TO RENT IT TO.
UH, FIRST OFF, I WOULD LIKE TO THANK YOU FOR YOUR CANDID REMARKS.
UH, IT, IT IS A SHAME THAT, UM, THAT THIS USE IS CONFUSING TO SAY THE LEAST.
UM, I I, I DO HONESTLY BELIEVE IF YOU WOULD'VE KNOWN THAT THE PARKING REQUIREMENTS WERE THERE, UH, THAT YOU PROBABLY WOULD NOT HAVE FILED, FILED THIS APPLICATION.
AND YOU ALSO POINT OUT THAT TOWN COUNSEL HAS IN FACT APPROVED, UH, SHORT TERM RENTAL WITH, WITH NO DESIGNATED OR UN STREET PARKING.
SO, UM, YOU KNOW, IT REALLY PUTS US IN A CONUNDRUM.
UH, I I WOULD, I WOULD STRESS THE STAFF MAYBE IN THE FUTURE TO REALLY EMPHASIZE THE PARKING BEFORE THESE PEOPLE SPEND $400 ON AN APPLICATION, UH, TO MAKE IT THIS FAR.
BUT THAT BEING SAID, UM, UH, YOU KNOW, WE, WE CAN CERTAINLY MOVE IT AHEAD AND LET COUNSEL AND THEIR WISDOM, UH, RULE ON, ON THIS, ON THIS SITUATION.
UH, ANY OTHER QUESTIONS OF THE APPLICANT OR STAFF? WELL, DARRYL, IF I COULD JUST CHIME IN REAL QUICK WITH REGARDS TO PARKING OFF STREET DOES NOT INCLUDE PUBLIC PARKING OR ON STREET PARKING.
AND WE'VE, WE'VE ESTABLISHED THAT CORRECT.
WITH OTHER CASES THAT HAVE COME BEFORE THIS BODY.
[00:45:03]
SORRY, I JUST LOST MY TRAIN OF THOUGHT.BUT, UM, WITH THIS APPLICATION, WHEN, WHEN THEY SUBMIT THESE APPLICATIONS, THE PERSON THAT TAKES THEM IN, IT IS HER JOB TO TAKE THE APPLICATION AND THEN PUT IT INTO THE SYSTEM.
IT IS NOT HER JOB TO REVIEW FOR CONFORMANCE WITH OUR PARKING STANDARDS.
BUT, BUT WE HONESTLY HAVE A PROBLEM.
SO LET'S JUST FIND A SOLUTION, YOU KNOW, TO THE PROBLEM.
OBVIOUSLY PARKING IS CRITICAL AND TO THE AVERAGE CITIZEN WHEN THEY READ A DOCUMENT THAT SAYS, YOU KNOW, PARKING, YEAH, I GOT PARKING RIGHT FROM MY HOUSE.
I'VE BEEN PARKING THERE ALL MY LIFE.
UM, I, I THINK WHAT WE HAVE IS A SITUATION WHERE WE, WE NEED TO LOOK AT THIS, THIS ORDINANCE, UH, WITHOUT PENALIZING PEOPLE FOR TRYING TO DO SOMETHING, YOU KNOW, WITH THEIR OWN PROPERTY.
UM, SO IT'S A, IT IT'S A TOUGH MIX AND, UM, UM, YOU KNOW, I WAS TRYING TO THINK OF WHERE THERE COULD BE DESIGNATED PARKING SOMEWHERE WITHIN 300 FOOT OF THAT FACILITY, AND THERE IS NONE.
UM, I WILL POINT OUT THAT ALL OF THE ADJACENT PROPERTIES DO HAVE SOME TYPE OF OFF STREET CURB CUT AND PARKING.
SO, UH, YOU KNOW THAT THAT OPTION IS AVAILABLE.
BUT, UH, YOU KNOW, IT'S A SHAME THAT WE'VE GOT GOTTEN THIS FAR WITHOUT, UH, YOU KNOW, RESOLUTION ON THIS.
AND HOPEFULLY WE CAN DO SOMETHING WITH COUNSEL TO MOVE FORWARD WITH IN, WITH, WITH REVIEWING IT BETWEEN NOW AND WHEN COUNSEL MAKES A DETERMINATION, IF YOU CAN FIND PARKING OR GET A, LIKE A LEASE AGREEMENT, LIKE WITH ONE OF THE NEIGHBORS, OR YOU CAN PROVIDE OFFSITE PARKING WITHIN 300 FEET OF YOUR PROPERTY, THAT COULD SATISFY THE REQUIREMENT.
ANY OTHER QUESTIONS OF STAFF OR APPLICANT CHAIR WOULD ATTAIN A MOTION? MR. CHAIRMAN, I MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF DENIAL TO THE FRONT ROYAL TOWN COUNCIL FOR SPECIAL USE PERMIT 2303 87 FOR A SHORT TERM RENTAL LOCATED AT FOUR 17 CURVE FOOT AVENUE DUE TO INSUFFICIENT PARKING.
WE HAVE A MOTION AND A SECOND FOR DENIAL.
MS. POTTER, WAS YOU DO A OR IS THERE ANY DISCUSSION ON THE MOTION FIRST? WELL, IT'S A, IT'S A VERY FAMILIAR THEME, ISN'T IT? PARKING, AND IT'S NOT JUST THE, UM, RESIDENTIAL PARKING WHERE PEOPLE ARE TRYING TO DO SOMETHING WITH THEIR PROPERTIES.
I I THINK WE HAVE A LARGER ISSUE THAT'S OUT THERE THAT'S GONNA, UH, PROHIBIT THE TOWN FROM, UH, THE BUSINESSES FROM GROWING.
BUT AS YOU SAID, CHAIRMAN, IT, IT, IT'S DIFFICULT WHEN YOU HAVE AN ORDINANCE THAT REQUIRES SOMETHING AND THE APPLICANT DOESN'T HAVE IT, EVEN THOUGH HAS HISTORY HAS BEEN THAT THE APPLICANT HAS USED THE STREET PARKING.
THE DIFFERENCE NOW IS IT'S A SHORT TERM RENTAL.
UM, YOU KNOW, I'M VOTING FOR DENIAL CAUSE OF THE ORDINANCE, BUT AGAIN, IN THEIR GREATER WISDOM, IT'LL BE UP TO THE TOWN.
ANY OTHER COMMENTS ON THE MOTION? HEARING NONE, MS. POTTER, WILL YOU ROLL CALL PLEASE? CHAIRMAN MERCHANT? NO.
THIS IS FOR DENIAL, CORRECT? MM-HMM.
I'M SORRY, COMMISSIONER NER AND I ALSO VOTE YES.
SO THE MOTION TO DENY CARRIES, UH, ON A, ON A POINT HERE, THIS WILL STILL BE FORWARDED TO COUNSEL.
THEY WILL STILL BE ABLE TO HEAR IT AND PERHAPS WE CAN EXPLAIN THE SITUATION AT, AT THAT TIME.
AND THEY'RE THE ONES THAT, UH, HAVE THE CAPABILITY.
WE'RE, OUR HANDS ARE KIND OF TIED AS FAR AS THE REGULATIONS GO.
UM, UH, AND I, I, I, I HOPE THAT YOU WILL CONTINUE TO AT LEAST RUN THIS THROUGH TO THE COUNCIL SITUATION.
[VIII. NEW BUSINESS]
ITEM OF BUSINESS FOR THIS COMMISSION.UH, NEW BUSINESS, MADAM DIRECTOR, COULD YOU UPDATE US ON WHAT'S GOING ON WITH, UH, CHECK-INS? OKAY.
UH, COMING UP NEXT MONTH, WE WILL BE PRESENTING A TEXT AMENDMENT TO THE ZONING ORDINANCE TO PERMIT UP TO 10 CHICKENS IN THE TOWN LIMITS BASED ON SQUARE FOOTAGE OF COOP AND RUN SPACE.
UH, SO I THINK WHAT WE'RE GONNA BE TRYING TO ACCOMPLISH HERE IS, UM, I THINK EIGHT SQUARE SQUARE FEET OF COOP SPACE AND, UM, RUN SPACE PER CHICKEN ESSENTIALLY.
[00:50:01]
UM, AND THEN WE CAN ALSO LOOK AT, UM, PERMITTING THE UP TO 10 CHICKENS BASED ON LOT SIZE.SO IF THE LOT IS OVER ABOUT 20,000 OR 25,000 SQUARE FEET, WE CAN ALLOW UP TO 10.
BUT IF IT'S UNDER, WE MAY CONTINUE TO RESTRICT THE NUMBER AT SIX, AND WE'RE GONNA DISCUSS THIS AT THE AUGUST 2ND WORK SESSION.
I WILL HAVE A DRAFT ORDINANCE READY FOR YOU AT THAT WORK SESSION.
ANY OTHER QUESTIONS FOR STAFF ON, UH, OUR COMMISSIONERS ON NEW BUSINESS? ANY QUESTIONS? VERY NONE.
[IX. COMMISSION MEMBER REPORTS]
OF BUSINESS IS COMMISSIONER REPORTS.I UNDERSTAND THAT, UH, COMMANDER OR MARNER HAS SOME COMMENTS FOR US.
THE, UH, THE AD HOC TRANSPORTATION SUBCOMMITTEE, UH, MATT AND, UH, UH, THE NEWS, UH, SUMMARY IS THAT THE, UH, UH, VDOT HAS, UH, AGREED TO DO A STUDY, UM, THAT WOULD BE, THAT WOULD BASICALLY, THAT WOULD DECIDE WHAT AN EASTWEST CONNECTOR WOULD LOOK LIKE AFTER THE ULTIMATE BUILD OUT OF THE LAND.
THEY, UH, THEY ARE, THEY HAVEN'T BEGUN IT YET.
THEY'RE AWAITING, UH, MORE INFORMATION, UH, FROM BOTH TOWN AND COUNTY.
UM, IF THAT'S THAT, WHEN, ONCE IT STARTS, IT TAKES ABOUT SIX MONTHS TO GET IT DONE.
BUT IT IS, UH, IT IS THE FIRST STEP TOWARD ANY PROGRESS.
UM, THAT'S CALLED A STAR STUDY.
AND, UH, A PREVIOUS RESPONSE TO PREVIOUS QUESTIONS OF EMERGENCY, UH, POSSIBILITIES OF EMERGENCY HELP IN AN EMERGENCY SITUATION IN LANDLOCKED, UH, SOUTHERN, UH, SHENANDOAH SHORES, UM, IS THAT, UH, THE IDEA HAD BEEN PROPOSED THAT IN CASE OF DIRE EMERGENCY, THAT AN EMERGENCY VEHICLE COULD ACCESS THE MEDIAN STRIP ON ROUTE 66 AND INTERSTATE 66, ACCESS THE MEDIAN STRIP AND GO UP TO WHERE ROUTE 6 0 6 AKA SHENANDOAH SHORES ROAD IS AND GET ACROSS THE MEDIAN OR OPEN THE GUARDRAIL.
UH, THAT IS NOT AS EASY AS JUST CLIMBING UP THERE.
AND OBVIOUSLY IN CASE OF DIRE EMERGENCY, A BODY, A PATIENT COULD BE HANDED ACROSS, BUT FOR ANYTHING TO BE SET UP IN INVOLVING PUTTING A GATE IN THE GUARDRAIL ON SHENANDOAH SHORES ROAD, THAT HAS TO BE A COOPERATIVE VENTURE BETWEEN VDOT AND THE FEDERAL GOVERNMENT.
SO THE VDOT IS CURRENTLY ESTABLISHING COMMUNICATION PATTERNS WITH THE FEDERAL GOVERNMENT, UH, IN THE HOPES OF, UH, TRYING TO GET AN ANSWER ON THAT ONE.
SO IT'S NOT IMPOSSIBLE, BUT IT IS JUST IN THE VERY, UH, EMBRYONIC STAGES OF BEGINNING TO GET AN ANSWER ON THAT ONE.
ANYBODY ELSE WISH TO HAVE ANY COMMENTS? AND NOW FOR OUR FINAL ITEM,
[X. PLANNING DIRECTOR REPORT]
OUR JUNE MONTHLY REPORT? YES.UM, SO FOR THE MONTH OF JUNE, OUR DEPARTMENT TOOK IN 46 NEW ZONING PERMITS.
WE ARE 50 SHORT OF THE TOTAL FOR LAST YEAR.
SO I THINK THAT BY THE END OF THIS CALENDAR YEAR, WE WILL FAR EXCEED THE NUMBER OF PERMITS FROM LAST YEAR.
UM, AND WE TOOK IN 33 NEW, UH, CODE ENFORCEMENT CASES FOR THE LA FOR THE MONTH.
AND, UM, WE TOOK IN FOUR OF THE, UH, SOLICITOR AND ITINERANT MERCHANT PERMITS, AND THAT'S BEEN A BREAKUP TECH FROM THE PREVIOUS MONTHS.
BUT THE, UM, I THINK THE MOST IMPORTANT THING ON THIS REPORT IS THAT, UH, WITH COUNSEL DECIDING TO MOVE THE COMP PLAN THAT THIS BODY CERTIFIED FORWARD TO A PUBLIC HEARING IN AUGUST.
UH, STAFF WILL NOW BE, UM, I'M STARTING TO HAVE MEETINGS WITH OUR, UM, CONSULTANT SUMMIT TO REALLY START WORKING ON THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE UPDATE AGAIN.
SO THIS WEEK I'LL BE HAVING ANOTHER MEETING TO KIND OF FIGURE OUT THE, CREATE A TIMELINE AND, AND, UM, UM, UH, START GOING THROUGH THE OUTLINE OF WHAT THE NEW ORDINANCE AND SUBDIVISION, UM, ORDINANCE WILL LOOK LIKE.
AND THEN I WILL START, UM, PROVIDING WITH THIS BODY WITH UPDATES AT THE UPCOMING WORK SESSIONS.
SO I'LL ROLL OUT THE PLAN ONCE I HAVE IT AS TO LIKE OUR PHASES, HOW WE'RE GONNA DO THIS, AND THEN WE CAN ACTUALLY DIG INTO REWRITING THE ORDINANCE.
AND IT LOOKS LIKE WE WE'RE UP TO 14, UH, NEW DWELLING PERMITS IN THE TOWN.
NOW THE, THE, THE PERMITS THERE FOR, IF IT'S FOR A DUPLEX, IT'S
[00:55:01]
FOR EACH UNIT, RIGHT? CORRECT.SO WE'RE ABOUT NORMAL FOR, FOR NEW CONSTRUCTION.
WE'RE, WE, WE ONLY HAVE SO MANY INFILL LOTS IN TOWN, SO, WELL, IT IS GONNA BE QUITE THE, UH, UH, ENDEAVOR WHEN THESE NEW SUBDIVISIONS COME ONLINE AND THEY DO 50 OR A HUNDRED A YEAR, AND WE'RE ONLY DOING, YOU KNOW, 35, 40 A YEAR RIGHT NOW.
MAY NEED ANOTHER STAFF MEMBER OR TWO.
ANY QUESTIONS OF, UH, THE DIRECTOR? UH, I HAVE A QUESTION.
THE, UH, THE CODE ENFORCEMENT, IS THAT THROUGHOUT THE TOWN OR ARE THERE ONLY CERTAIN GEOGRAPHICAL AREAS WHERE THE CODE ENFORCEMENT APPLIES? NO, THAT'S THROUGHOUT THE TOWN.
I MEAN, RIGHT NOW WE'RE LARGELY COMPLAINT BASED BECAUSE I JUST DON'T HAVE THE STAFF TO GO OUT AND, YOU KNOW, SURVEY EACH IN EVERY STREET IN THE TOWN.
UM, SO IN OTHER WORDS, IF SOMEBODY WISHES TO MAKE A COMPLAINT, THEY CALL THE PLANNING AND ZONING OFFICE? YEP.
THEY CAN CALL THE PLANNING AND ZONING OFFICE AND THAT IT CAN BE ANONYMOUS OR, UM, THEY CAN SUBMIT, UH, WE HAVE A FORM ONLINE, ON THE WEBSITE, THEY CAN GO AND FILL THAT OUT AND THEN IT GETS SENT DIRECTLY TO OUR CODE ENFORCEMENT OFFICER'S EMAIL.
THANK YOU FOR ASKING ME ABOUT THAT.
UH, JUST A QUESTION THAT POPPED RIGHT IN MY HEAD.
HAVE WE HAD ANY CHICKEN COMPLAINTS LATELY? I I DON'T BELIEVE WE'VE HAD ANY FORMAL COMPLAINTS ABOUT THE CHICKENS.
WE, UH, WE HAVE HAD A COMPLAINT ABOUT ROOSTERS.
WHICH ARE NOT PERMITTED OVER IN THE VILLAGE.
I THINK THERE'S, THERE MAY BE A ROOSTER.
IT'S A CHICKEN, A NON CROWING CHICKEN.
WELL, ANY OTHER, UH, QUESTIONS OF THE DIRECTOR CHAIR WILL ENTERTAIN A MOTION TO ADJOURN.
ALL, UH, APPROVE SIGNIFY BY SAYING AYE.
ALL OPPOSED, THE MOTION TO ADJOURN IS APPROVED.