[00:00:01]
I'D LIKE TO CALL TO ORDER THE REGULAR
[I. CALL TO ORDER]
SESSION OF THE FRONT ROYAL PLANNING COMMISSION FOR WEDNESDAY, OCTOBER THE 18TH, 2023.WE'LL GET THINGS STARTED WITH A ROLL CALL WHENEVER YOU'RE READY.
COMMISSIONER WILLIAMS? PRESENT.
AND WITH THAT WE HAVE A QUORUM.
UH, NEXT ITEM ON THE AGENDA WOULD BE THE ADDITION OR DELETION OF ANY ITEMS. DOES ANYONE HAVE ANYTHING THEY WISH TO THEY MOVE TO ADD OR DELETE TO THE AGENDA? HEARING NONE.
[IV. APPROVAL OF MINUTES]
ORDER OF BUSINESS.ITEM FOUR WOULD BE APPROVAL OF MINUTES.
UH, SO WE'LL GET STARTED WITH, UH, APPROVAL OF MINUTES FOR THE JULY 19TH, 2023 REGULAR MEETING.
I DID READ THOSE IN ADVANCE SO I CAN MOVE TO ACCEPT THOSE.
SECOND WE HAVE A MOTION AND A SECOND.
COMMISSIONER WILLIAMS ABSTAIN.
WE WILL APPROVE THE MEETING MINUTES FROM AUGUST 16TH, 2023.
SECOND WE HAVE A MOTION AND A SECOND.
MS. POTTER, VICE CHAIRMAN MARSH? YES.
NEXT ORDER OF BUSINESS WOULD BE CITIZEN COMMENTS.
THIS WOULD BE THE, THE TIME FOR ANY CITIZEN TO COMMENT ON ANYTHING.
[VI. CONSENT AGENDA]
THE NEXT ITEM, ITEM SIX ON THE AGENDA WOULD BE THE CONSENT AGENDA.FIRST ITEM WOULD BE 2 3 0 0 6 0 9.
AN ORDINANCE OF TEXT AMENDMENT REQUEST SUBMITTED BY MAGDALENE CAPITAL L L L P TO AMEND THE CURRENT ZONING ORDINANCES.
1 7 5 DASH 3 7 3 C 1 7 5 DASH 37 4 A AND 1 7 5 DASH 37 17 A REGARDING THE MINIMUM ACREAGE REQUIREMENT FOR THE PLAN NEIGHBORHOOD DEVELOPMENT DISTRICT, P N D FROM THE EXISTING 20 AND 50 ACRE MINIMUM LOT REQUIREMENTS TO A TWO ACRE MINIMUM LOT REQUIREMENT.
MR. CHAIRMAN, I MOVE THAT WE, UH, GO FORWARD WITH THE AMENDMENTS TO OUR ORDINANCE AS STATED AND I WILL SECOND THAT WE HAVE A MOTION AND A SECOND.
COMMISSIONER WHAT? WILLIAMS? YES.
NEXT ITEM WOULD BE THE CONSENT TO ADVERTISE APPLICATION 2 3 0 0 5 3 7 WHICH IS A REZONING APPLICATION SUBMITTED BY MAGDALENE CAPITAL L L L P FOR REQUEST TO REZONE THREE 11 LEACH STREET IDENTIFIED BY TAX MAP NUMBER 20 A NINE DASH ONE DASH THREE AND ADJOINING PROPERTIES IDENTIFIED BY TAX MAP NUMBERS 20 A NINE DASH 16 D ONE 20 A NINE DASH 16 D TWO, AND 20 A NINE DASH 16 D THREE FROM RS SUBURBAN RESIDENTIAL DISTRICT AND R ONE RESIDENTIAL DISTRICT TO P N D PLAN NEIGHBORHOOD DEVELOPMENT DISTRICT.
I WILL MAKE THE MOTION THAT WE DO THAT.
ALRIGHT, WE HAVE A MOTION AND A SECOND CONSENT TO ADVERTISE.
AND WITH THAT WE'RE MOVING ON TO, UH, THE NEXT ORDER BUSINESS WOULD BE ITEM SEVEN COMMISSION MEMBER REPORTS.
DO ANY OF THE PLANNING COMMISSION MEMBERS HAVE ANYTHING TO REPORT? ALL RIGHT.
HEARING NONE, WE'LL MOVE ON NEXT ORDER.
[VIII. PLANNING DIRECTOR REPORT]
BUSINESS PLANNING DIRECTOR REPORT.[00:05:01]
FOR THE MONTH OF SEPTEMBER WE HAD 41 NEW ZONING PERMITS, 18 NEW CODE ENFORCEMENT CASES, UM, UH, SIX SIGNED PERMIT APPLICATIONS, EIGHT BUSINESS PERMIT, BUSINESS LICENSE APPLICATIONS.UM, AND THEN WE HAD, UM, SEVEN CERTIFICATE OF APPROPRIATENESS ADMINISTRATIVE, UM, REVIEW APPLICATIONS.
SO THOSE ARE ONES THAT WOULD'VE GONE TO THE BOARD OF ARCHITECTURAL REVIEW, BUT BECAUSE THEY WERE NON-CONTRIBUTING STRUCTURES, I WAS ABLE TO APPROVE THEM ADMINISTRATIVELY.
UM, WE ARE WORKING ON THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE REWRITE.
SO AGAIN, YOU SHOULD HOPEFULLY HAVE A DRAFT ORDINANCE, UM, BY DECEMBER AND I'LL GIVE YOU UPDATED ON THAT AS THAT PROGRESSES.
UM, AND WE'VE LATELY, I GUESS IN THE LAST MONTH OR SO, STAFF HAS BEEN TRACKING THE NUMBER OF WALK-INS INTO THE DEPARTMENT TO KIND OF START GETTING SOME METRICS ON HOW MANY, UM, MEMBERS OF THE PUBLIC STAFF IS SERVING.
AND I BELIEVE FOR THE MONTH OF SEPTEMBER WE TOTALED ABOUT 241 WALK-INS, UM, DURING THE COURSE OF BUSINESS.
AND SO ONE DAY WE HAD AS MANY AS 22 PEOPLE COMING IN THE DOOR.
AS OTHER DAYS WE HAD AS LITTLE AS FIVE.
SO, UM, IT VARIED A LOT, BUT FOR A STAFF OF OF FIVE, THEY YEAH, THEY ALL HAVE BUSINESS WITH PLANNING A ZONING.
SO, AND THAT'S NOT INCLUDING PHONE CALLS.
SO FOR A STAFF OF OR DEPARTMENT OF FIVE PEOPLE, UM, WE KEPT ON OUR TOES.
ANY QUESTIONS? UH, ONE QUESTION.
ANY CHICKEN ORDINANCE QUESTIONS? MM-HMM.
UM, I BELIEVE THERE ARE TWO OR THREE RE-INSPECTIONS THAT, UM, JOHN HAS TO DO JUST FOR ONE REASON OR ANOTHER.
THEY, WE WEREN'T READY TO, UM, PASS THEM OR RENEW THEM MM-HMM.
I KNOW THAT THE TOWN MOVED OUR ORDINANCE BACK TO A WORK SESSION.
CAN YOU DESCRIBE TO OUR COMMISSION WHAT THE ISSUE WAS WITH THE COUNCIL? I CAN'T SPEAK FOR COUNCIL SPECIFICALLY AS TO WHAT THEIR ISSUES WERE.
I DO KNOW THAT THERE SEEMED TO BE SOME CONCERNS ABOUT, UM, THE, UH, I GUESS NOT PERMITTING FREE RANGE CHICKENS OR CHICKENS TO ROAM AT LARGE.
UM, AND THERE SEEMED TO BE SOME CONCERNS ABOUT THE SIZE REQUIREMENTS.
I CAN SAY THAT THE SIZE REQUIREMENTS THAT WE WROTE INTO THE NEW ORDINANCE ARE THE REQUIREMENTS OR THE, THE METRICS THAT THE UM, UH, VIRGINIA TECH AG EXTENSION OFFICE WHO REVIEWS THE MANAGEMENT PLAN USES.
THAT'S WHERE THOSE NUMBERS CAME FROM.
SO PEOPLE IN TOWN THAT ALREADY HAVE URBAN AGRICULTURE PERMITS HAVE ALREADY MET THOSE SPACE REQUIREMENTS FOR THEIR COOP.
SO THAT SHOULD NOT ADVERSELY AFFECT THEM.
THE, I THINK THE PURPOSE OF THIS WAS REALLY TO JUST TIGHTEN UP THE ORDINANCE AND, AND MAKE SURE THAT STAFF HAS, UM, OR THAT THE LANGUAGE WAS IN PLACE SO THAT IF YOU KNOW THERE IS A PROBLEM OR THERE ARE COMPLAINTS THAT STAFF CAN ADDRESS IT.
SO I WAS THERE DURING THE COUNCIL'S MEETING AND YOU WERE IN ATTENDANCE AT NIGHT AND THEY CHOSE NOT TO CALL YOU TO THE PODIUM TO ASK YOU QUESTIONS.
IS THAT CORRECT? THAT'S CORRECT.
SO OUR ORDINANCE, AS WE KNOW, UM, SEEMED TO MEET THE REQUIREMENTS.
WE WERE REQUESTED BY COUNCIL TO MEET AND YET THEY FAILED TO BE ABLE TO DISCUSS IT AND PASS IT.
THEY MOVED IT BACK AND IT WAS THEIR REQUEST TO GO FROM SIX TO 10 CHICKENS.
AND WE MET THAT REQUEST IN TIGHTENING THE ORDINANCE, I WOULD SUGGEST THE ORDINANCES LIKE THE SPEED LIMIT MM-HMM.
THERE'S NOTHING MAGICAL ABOUT THIS IS IT FOR US, WE ARE OPERATING ON COMPLAINT BASIS ONLY.
SO THE RULES STATE THAT CHICKENS CANNOT RUN AT LARGE.
I MEAN, I BELIEVE THAT'S A CURRENT RULE.
YOU CAN'T HAVE CHICKENS RUNNING AT LARGE AROUND TOWN.
THAT'S JUST AS YOU CAN'T HAVE YOUR DOG RUNNING AT LARGE.
UM, BUT IF WE DON'T HAVE A COMPLAINT, I'M NOT AWARE.
SO IF I HAD CHICKENS IN A FENCED IN BACKYARD, THE NUMBER OF CHICKENS ACCORDING TO THE ORDINANCE, UH, IF THE CHICKENS WERE NOT OUT, UH,
[00:10:01]
MAKING A NUISANCE OUT OF THEMSELVES, WOULD THAT BE AN ISSUE YOUR DEPARTMENT WOULD BE CONCERNED ABOUT? ONLY IF WE RECEIVED A COMPLAINT FROM A NEIGHBOR.UH, WE ARE NOT GONNA GO INTO SOMEONE'S PRIVATE PROPERTY TO SEE IF THEIR CHICKENS ARE RUNNING AT LARGE.
THE, THE QUESTION OF FREE RANGE IS WHAT THE COUNCIL GOT HUNG UP ON AND THE WAY IT'S CURRENTLY WRITTEN, IF I AM REMEMBERING IT CORRECTLY, WITHOUT THE INTERNET, I CAN'T ACCESS IT.
FREE RANGE IS NOT ALLOWED THAT THE CHICKENS HAVE TO BE IN COOPED IN, IN THEIR COOP AT ALL TIMES.
IN THE ORDINANCE, WE THEN REVISED ORDINANCE, WE STATED THAT THE CHICKENS MUST BE KEPT IN THE A RUN OR THE COOP AT ALL TIMES.
AND THE FREE RANGE IS RUNNING AROUND.
SO THEY CAN BE SEIZED BY HAWKS, BUT ALSO SO THEY CAN BE MORE ORGANIC.
AND IF THAT'S, SO IF THE TOWN WANTS MORE ORGANIC CHICKENS OR MORE ORGANIC EGGS, THEY WANT US TO DO, THEY WANT US TO HAVE, THEY INDICATED THAT THEY WANT US TO CHANGE IT SO THAT CHICKENS CAN RANGE.
I BELIEVE WE'RE TAKING IT BACK TO A COUNCIL WORK SESSION IN NOVEMBER.
SO I'LL, I'LL PROBABLY GET A LITTLE BIT OF CLARIFICATION FROM THEM THERE.
UM, BUT YEAH, I'LL GET CLARIFICATION AT THAT MEETING.
AND I WOULD SUBMIT TO COMMISSIONERS THAT THAT IS AN ORDINANCE MUCH LIKE OUR SPEED LIMIT AND IN, IN SUBJECTIVE ENFORCEMENT WHERE IF YOU'RE DOING TWO MILES OVER THE SPEED LIMIT, YOU'RE PROBABLY NOT GONNA GET PULLED.
BUT IF YOU'RE EXCEEDING THE SPEED LIMIT, OR IN THIS CASE YOUR CHICKENS ARE OUT CAUSING AN ANNOYANCE, YOU HAVE TO HAVE AN INORDINANCE TO HOLD THE OWNER ACCOUNTABLE.
AND THAT'S WHAT WE CAME UP WITH.
WELL, AN ORDINANCE THAT KEEP THEM IN YOUR OWN YARD EVERY, I THINK EVERYBODY WOULD AGREE WITH THAT.
THE QUESTION IS WHETHER IN YOUR YARD DO YOU NEED TO BE AT A COOP? I, THAT'S THE PROBLEM.
CHAIRMAN, I'D JUST LIKE TO GO ON RECORD THANKING THE PLANNING DEPARTMENT FOR THE PROFESSIONAL MANNER IN WHICH THEY'VE HANDLED THE SITUATION AT HAND GIVEN THEIR RESOURCES.
WHAT'S THAT? I GOT A QUESTION.
YOU SAID YOU HAD 18 ENFORCEMENT MM-HMM.
WHAT WERE THE NATURE OF THE ENFORCEMENT? UM, THEY VARY.
I MEAN, WE DON'T BREAK IT DOWN IN THIS REPORT, BUT, UM, IT CAN BE ANYTHING FROM TALL GRASS, WEEDS AND UM, TRASH AND DEBRIS.
UH, IT CAN BE INOPERATIVE VEHICLES.
IT CAN, IT CAN BE A NUMBER OF NOT OBTAINING A ZONING PERMIT.
SO DOES THIS ENFORCEMENT INCLUDE THE DILAPIDATED BUILDINGS AND THINGS OF THAT NATURE? NO.
SO WE HAVE CODE ENFORCEMENT, WHICH IS UM, PORTIONS OF TOWN CODE, UH, CHAPTER 1 71, 75 AND I THINK MAYBE ONE TEN ONE, I THINK IT'S ONE 10, I'M NOT SURE.
UM, PROPERTY MAINTENANCE IS A SEPARATE PORTION OF TOWN CODE AND THAT IS UM, AND THERE'S STATE CODE THAT'S ATTACHED TO IT AND I THINK THAT'S CHAPTER NINE OF TOWN CODE.
YEAH, IT'S ENFORCING THE STATE PROPERTY MAINTENANCE CODE.
SO OUR CODE ENFORCEMENT OFFICIAL IS ALSO OUR PROPERTY MAINTENANCE OFFICIAL.
SO SHE HAS TO BE AWARE OF ALL THE SECTIONS OF RELEVANT TOWN CODE, BUT THEN SHE'S ALSO HAD TO BECOME EDUCATED AND LEARN THE STATE CODES AS WELL.
SO NONE OF THAT, NONE OF THE, UH, YOUR REPORT WOULD COVER BLIGHTED BUILDINGS OR ANYTHING OF THAT NATURE? NO.
WE'VE REACHED THE END OF THE AGENDA, THE MOVE, ADJOURN.
WE HAVE A MOTION AND A SECOND.