Town Planning Commission Forwards Zoning Ordinance Change to Allow Smaller Planned Neighborhood Development Districts

After a one-month hiatus, the Front Royal Planning Commission met Wednesday, October 18, and welcomed its newest member, Commissioner Brian Matthiae. Matthiae filled the vacancy created when former Chairman Darryl Merchant’s term expired without him seeking re-appointment to the commission. There was no September Commission meeting.

Town Planning Commission forwards Zoning Ordinance change to allow smaller Planned Neighborhood Development Districts

Two items submitted by Magdalen Capital LLLP were originally listed as Consent Agenda items. First was an ordinance text amendment to the current zoning ordinance, Section 175-37.3C, 175-37.4.A, and 175-37.17.A, covering the minimum size for Planned Neighborhood Development Districts (PNDs). The requested revision would reduce the current 20 and 50-acre minimum development parcel sizes to a 2-acre minimum. This is the minimum size of the total development, not the individual lot size. Under the Town’s zoning ordinance, the maximum allowable residential density is 6 dwelling units per acre – and only at the discretion of the Town Council, making a theoretical planned development of 2 acres under the revised ordinance only capable of 12 dwelling units. Otherwise, the parcel is still subject to the density restrictions of the parcel prior to rezoning.  The PND Ordinance was established by the Town in April 2005 and allows:

1. Detached single-family dwellings;
2. Two-family dwellings;
3. Multi-family dwellings;
4. Townhouses with a maximum of eight units per structure;
5. Accessory buildings or uses as defined in Town Code Section 175-3;
6. Recreation or park facilities;
7. Retirement living facilities (handicapped accessible)
8. Municipal buildings or uses;
9. Public utilities: poles, lines, booster and relay stations, distribution transformers, pipes, meters, and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage systems. Such utilities shall be buried or otherwise screened in accordance with the design standards of the development;
10. Home Occupations as set forth in Section 175-108;
11. Public libraries;
12. Schools;
13. Churches.
14. Special childcare services.
15. Open space and conservation areas.
16. Such other uses as determined similar to one or more enumerated uses by the Zoning Administrator.

Magdalen Capital LLLP asserts that there are few if any, available parcels in the town that would qualify for development under the current ordinance. According to the request, the ordinance amendment would “open the door” to diverse development opportunities more efficient land use, and allow the Town to meet evolving community needs, among other benefits. As a Consent Agenda item, there was no public hearing on the zoning amendment request at this meeting.

With no other discussion, on a motion by Commissioner Glenn Wood, seconded by Vice-Chairman Connie Marshner, the commission voted unanimously to recommend approval of the ordinance amendment. The recommendation of the commission will be forwarded to the Town Council for final action.

The commission then took up the request for consent to advertise a public hearing for a rezoning application, also from Magdalen Capital LLLP. The company has submitted a rezoning request to rezone four adjoining properties at 311 Leach Street off Happy Creek Road from Residential (R-1 and R-S) to Planned Neighborhood Development (PND). The combined parcels total 10.71 acres. The rezoning application states that without the rezoning approval, the parcel could allow the construction of 22-27 single-family homes. The rezoning package does not state how many dwellings would ultimately be built, but the revised PND ordinance allows a wide variety of uses in the development, and the preliminary sketches in the rezoning package under “Option One” show temporary lodging facilities and more than 60 dwellings of various sizes and configurations.

“Option Two” shows less detail but appears to be a mix of single and multi-family dwellings with fewer large-scale structures. A development project involves many stages, each with its own approval process, and a rezoning request is a very early stage. On a Motion by Vice-Chairman Marshner, seconded by Commissioner Michael Williams, the commission voted unanimously to advertise for a public hearing for the rezoning. The public hearing will be held on November 15^th at 7:00 p.m.

Town Planning Commission forwards Zoning Ordinance change to allow smaller Planned Neighborhood Development Districts

During her report, Planning Director Lauren Kopishke told the Commission that during the month of September, 41 new zoning permits, 18 new code enforcement cases, six sign permits, eight business license applications, and seven Certificates of Appropriateness were processed during the month of September. She also said that the Town Planning Department had begun collecting the number of walk-in requests for service from the public as a way of getting some service metrics. In September, there were 241 such requests. Commissioner Wood asked Director Kopishke if there had been any activity or concerns surfaced regarding the “Chicken Ordinance” that the Commission had recommended for approval in August (see previous story here)

Town Planning Commission forwards Zoning Ordinance change to allow smaller Planned Neighborhood Development Districts

That recommended Zoning Ordinance change ran “a fowl” of the council in September (Council story here) and awaits a Town Council work session on November 4. Director Kopishke said that there really hadn’t been any increased concerns. Commissioners questioned the fact that the commission and the planning department had produced the revised ordinance to allow for an increased number of chickens at the specific request of the Town Council and wondered at the new resistance to it. Director Kopishke responded that the language of the revisions was in harmony with the Agricultural Extension service guidelines.

Some confusion arose from the terminology “free-range,” which implies that chickens are free to roam unimpeded, but the ordinance requires an enclosed run or coop. Commissioner Wood asked what triggers an investigation or action by the Zoning Administrator regarding urban agriculture. Director Kopishke responded that actions are complaint-based; in other words, if a complaint is received about an agricultural activity in town, it is investigated, and if warranted, a violation notice is issued. In any case, the tow council will be revisiting the ordinance and its effects next month. Stay tuned.

The meeting adjourned at 7:30 p.m.