Resized Town Planning Commission considers Rezoning Requests and Site Plans, one near Happy Creek

A 4-member Planning Commission met Wednesday, January 20^th at the Warren County Government Center (WCGC). Joseph McFadden has resigned as a result of his election to the town council. The members quickly disposed of the minutes of the November 18 meeting before Chairman Douglas Jones asked if there were any citizen comments. The question to a virtually empty chamber yielded only silence.

In the public hearing portion of the meeting, Chairman Jones introduced a rezoning request by Aaron Hike and Douglas Ichiugi, operating as Rockledge Development Company LLC, to rezone a 2-acre parcel at the north end of Jefferson Avenue, and adjoining the Norfolk Southern railroad tracks and the South Fork of the Shenandoah River. The request is to change the zoning from R-1 (single family residential) to R-3 (multiple family residential), allowing the construction of duplex homes to accommodate two single-family units. The applicant stated in a letter to the Planning Department that their intent is to build “attractive modestly priced duplex homes that promote home ownership, particularly for workforce citizens that support our community and town.”  The tract is bordered by an undeveloped portion of Hillcrest Drive and another R-3 zoned parcel to the east.

No one had signed up to address the commission regarding this request, so the public hearing was closed.

After the briefing, Commissioner Darryl Merchant had some questions. He first asked if there was already a site plan for the tract. Planning and Community Development Director Timothy Wilson responded that there was not yet a detailed site plan, as the property zoning request would have to be settled before the applicant could invest in the more detailed site planning and development tasks. Merchant then asked why the applicant was asking for R-3 rather than R-2 (multiple family residential – duplex) zoning, since R-2 zoning allows for duplex housing.  Planning Director Wilson responded that the applicant was requesting the R-3 category due to there being no adjoining or nearby R-2 tracts. The applicant is also including a proffer in their request to limit any residential construction on the tract to single-family or duplex units.

Commissioner Merchant pointed out that the planning director can waive some requirements such as phase 1 and 2 environmental site assessments and traffic impact assessments and asked if that was the case here. Planning Director Wilson indicated it was.

Finally, Commissioner Merchant pointed out that this tract is steeply sloped and will present significant challenges for development, including sanitary sewer, water, and access, since that portion of Hillcrest Drive is not developed.  “There’s a reason this tract has remained undeveloped for decades,” Merchant observed.

The applicant responded that they were aware of the challenges.

Once all the questions had been asked and answered, the commission voted unanimously to recommend approval of the rezoning request.

The second Public Hearing item was a Major Site Plan Request from RealtyLink of Birmingham Alabama for redevelopment of a site at 440 South Street to create a retail auto parts store at the location currently holding a vacant drive-through branch bank. The 1.07-acre tract is zoned C-1 (Community Business District). The current building would be demolished to make way for a new 7,225-square foot building. The plan as presented to the commission included detailed site drawings, and according to the package, RealtyLink’s preliminary site plan was amended to respond to Town Staff review questions. Again, there were no public hearing participants.

Happy Creek drainage concerns

Commissioner William Gordon asked if this site plan was specific to the use as a parts store, or if other uses could be made if this development could not go forward.  Planning Director Wilson responded that any other use would require an updated plan to be submitted and processed.

Several comments were made regarding proximity to the floodway surrounding nearby Happy Creek, currently under scrutiny for a controversial Town flood control and stormwater drainage plan. Staff said the submitted plan addresses erosion control, site drainage, and flood control measures, together with soil analysis results. The Planning Department summary indicates that the plan is complete, and the proposed use is permitted as a by-right use in the C-1 district.

The commission voted unanimously to approve the final site plan.

Under Old Business, Assistant Town Attorney George Sonnett referred the Commission to a question raised during the November 18 Commission meeting regarding the life of a special use permit.  He provided a response based on a reading of Town Code 175-136 that indicates that “Special Use Permits are not transferable”, which could be interpreted that those permits run with a landowner, not with the land. He reiterated the general theory that permits do run with the land, and apply as long as the use continues, whoever the landowner may be.

The language of the ordinance may have been “inartful” but the principle is that any new landowner ought not to have to reapply for a permit for the same use. Commissioner Gordon asked if the process should be to ask the Town to initiate a text amendment to clarify the language. Planning Director Wilson indicated that the Commission itself can initiate such a request. Chairman Jones recommended that topic as a subject for the next commission work session.

Planning Director Tim Wilson and Assistant Town Attorney George Sonnett explain Special Use Permit language to the commission. Royal Examiner Photo by Stephen Sill

Under New Business, Planning Director Wilson indicated that the Town Comprehensive plan needed a rewrite. It was completed in 1997 and amended in 2004.  Such a rewrite is a major effort and may require funding and a 12–18-month process.  Conceivably it could be funded over two fiscal years. It also needs significant public input, not just a single Public hearing. Efforts so far have been stymied by COVID-19 restrictions on public meetings. The planning staff will also need Census Data from the 2020 census to inform the process. Commissioner Merchant recommended discussion of the Comprehensive Plan rewrite at the next work session.

The second item of new business concerned an amendment to the Town Code, Chapter 28, that was finalized by the Town Council at their meeting on January 11.  The changes Council approved include the reduction of planning commission membership from 7 to 5, the terms of office set at 4 years with staggered terms so no more than 2 of the 5 members terms shall expire in any year; the requirement that at least half the members appointed shall be owners of real property; and amending the rules for removal of members for malfeasance by the town council for three absences in a row, or 4 absences over the course of a year. The new language of the Town Code also requires each member of the Commission to become a certified planning commissioner as a condition of appointment.

Finally, during Commission member reports, Commissioner Gordon asked if it was possible to nominate a member for the vacant Vice Chairman seat. Chairman Jones indicated it would be better to wait for the regular election of officers at the February meeting.  He did remind the planning director that there is still a vacant commission seat, which the Town Council will need to fill.

The Meeting was adjourned at 7:48 p.m.