Town Planning Commission routine becoming similar to County’s: More short-term rentals

Prior to getting down to its public hearing business, there was a brief reference to the controversial “Data Center Ordinance” at the Wednesday, August 17th, regular meeting of the Front Royal Planning Commission. At its July 20th regular meeting, the commission voted to forward its version of a text amendment of Chapter 175 of the Town Code that will require a Special Use Permit (SUP) for Data Center development in the Industrial-2 (I-2) Zone despite a late push by the Front Royal Economic Development Authority (FREDA) through its Chairman Rick Novak to substitute its own version of the amendment with a by-right use for Data Centers. The Town Council has not officially acted on the amendment’s final version.

Before opening the public hearings Wednesday evening, Chairman Darryl Merchant explained the Special Use Permit rationale for any major land use decisions. The Planning Commission is responsible for determining “Is the proposed use appropriate?” It is not political or personal, he noted, it is simply allowing a determination of appropriate land use on a case-by-case basis.

Part of that determination is based on the input received from the public. Part is the language of the governing ordinance, and some are based on the judgment and experience of the commissioners. For most matters that come before the commission, it passes on its recommendation to the town council, which then hears from the community through its own public hearing process and makes a final decision.

Absent former chairman, now Commissioner Douglas Jones, the town planning commission tackles Special Use Permits and the ongoing Comprehensive Plan update process.

This month, the Commission conducted four public hearings:

Poe’s River Edge LLC & Eagle Sky Industrial Park, LLC submitted a request for a Special Exception to allow a new private street to improve traffic flow through parcels located at 508 Kendrick Lane. The property is zoned I-2. Planning Director Lauren Kopishke summarized the request and explained that the plan called for a narrower right-of-way, 20 feet, than the town standard, which is 36 feet. Commissioner Gordon asked if the narrower width would present an obstacle to emergency vehicle access, and Director Kopishke responded that previous input from the County Fire Marshal was that 20 feet were sufficient for access. There were no speakers for the public hearing, and the commissioners voted unanimously to recommend approval.

Co-Applicant Melissa Gordon describes the plan for a short-term rental property on Highfield Lane. Her husband William, a member of the Commission, recused himself from the consideration, and the permit application was unanimously recommended for approval.

William and Melissa Gordon have requested a Special Use Permit to allow a short-term rental located at 107 Highfield Lane. The property is zoned R-1. Commissioner Gordon recused himself from considering the permit request since he is one of the applicants. Melissa Gordon addressed the commission to explain the proposed use. There were no objecting speakers, and the commission voted unanimously, minus Gordon’s recusal, to recommend approval.

Lea Justice has submitted a request for a Special Use Permit to allow a short-term rental located at 12 Chester Street. The property is zoned C-2 and is in the downtown Historic District. During the public hearing, two speakers addressed the Commission, both supporting the proposed use. Nathaniel Boechler studies urban land use and is a local resident. He told the commission that short-term rentals in historic districts are a good stimulus for local businesses such as restaurants and shops.

Local resident Nathaniel Boechler urges the town planning commission to support Lea Justice’s proposed permit for a short-term rental in the downtown Historic District. Below, applicant Lea Justice watches as commissioners discuss the conflict between the new short-term rental ordinance parking requirements and the reality on the ground. Ms. Justice indicated there had been a lot of confusion around what was required for her permit to be approved.

After the public hearing, the commissioners discussed the parking situation at this specific site. The short-term rental ordinance, as adopted earlier this year, requires that parking for these facilities must be either driveways or designated parking spaces. Like many other properties downtown, the property in question has no on-site parking. So, the quandary is, can a use be approved that can’t physically meet the requirements of the ordinance? All the commissioners who spoke expressed support for the proposed use, but the interpretation of the ordinance to require “driveways or other designated and approved parking areas” would require an applicant to show that their short-term rental unit had provided for this requirement.

In the end, the commissioners decided to defer approval until the September meeting to allow the applicant the opportunity to find a designated parking space or other arrangements for guests. The property is less than 300 feet from two different town parking lots.

Philip Vaught/Vaught Real Estate LLC – A request for a Special Use Permit to allow a short-term rental located at 124 Luray Avenue. The property is zoned R-3. The property is already a permitted bed and breakfast, and the applicant would like to expand its use to a short-term rental when it is available.

Phillip Vaught addresses the planning commission regarding his application for a short-term rental for his historic property at 124 Luray Avenue.

The application was submitted for a 3-5 Bedroom approval, but the commission decided to recommend it for three bedrooms, and if the applicant wishes at a later time to amend it to 5, that would be considered separately.

The consent agenda consisted of a single authorization to advertise a public hearing. Vesta Property Management requests a Special Use Permit for a short-term rental for a residentially-zoned property at 30 Fairview Avenue.

The commission approved the authorization to advertise unanimously, and the public hearing will be held at the next Planning Commission regular meeting on September 21.

The Chairman gave a short report on the Town’s Comprehensive Plan update, the subject of a Joint Town Council-Planning Commission work session that was held on Tuesday, August 16. Read the separate story on that here. The chairman urged the members to review the draft the Planning Department’s support contractor provided before the next work session, even though some of the graphics were not legible. The contractor plans two additional public input sessions before the final draft and the Commission and Town Council review.

The meeting was adjourned at 8:15 p.m.