Town Planning Commission has mixed reaction to Short-term Tourist Rentals, Data Centers

At its regular meeting on June 15th, The Front Royal Planning Commission tackled two new Special Use Permit (SUP) applications for short-term tourist rentals and a proposed Zoning Ordinance change to accommodate data centers. Reversing the traditional order of its meetings, the commission considered three items in a Consent Agenda for authorization to advertise public hearings. In a consent agenda, the individual items are not voted on separately, but as a group with a single decision. Two of those were short-term tourist rental special use permit applications, and the third was a Special Exception Application for a private street.

The Short-term tourist rental applications were 425 N. Royal Avenue by Joy Allen and Patrick Much, and 18 East Stonewall Drive, by Jerry and Martha Britton. The proposed private street request is to help with traffic flow for parcels at 508 Kendrick Lane, adjoining the AVTEX property, by Poe’s River Edge LLC. The three applications will have public hearings at the next regular planning commission meeting on July 20.

The applications for special use permits for this month’s meeting were advertised over the past month:

Hike Properties LLC is requesting a Special Use Permit for a short-term tourist rental for their commercial (C-2) zoned property at 201 E. Main Street. The rental unit will be on the second floor, while the main floor is a storefront retail establishment. There were no speakers during the public hearing, and Commissioner Gordon then asked if the parking spaces would be designated as indicated in the application. Planning Director Lauren Kopishke said the applicant would be placing signs on the two spaces approved for that use behind the building. The Commission unanimously voted to recommend approval. The application will now go to the Front Royal Town Council for another public hearing and a vote.

The second public hearing of the night was also for a SUP for a short-term tourist rental. Bridget Scanlon is requesting a permit for her property at 108 Virginia Avenue. The property is zoned Residential multifamily (R-3), but it is configured as a single dwelling. Planning Director Kopishke briefed the commission on the application and indicated that the property had been in operation for a year prior to the application, and prior to the implementation of a short-term tourist rental ordinance.

The public hearing for this application yielded seven speakers regarding the applicant’s request. Dr. Viviano Rodriguez, accompanied by his family, addressed the commission in opposition to the request. The lot is too small for this use, he contended. Parking is limited and access on First Street is very narrow with a three-way intersection. There’s no backyard, and the owner does not live there, he said, adding that the potential for guests to have parties or noisy activities is just bad in a neighborhood with children close by.

Dr. Viviano Rodriguez addresses the Town Planning Commission and explains his opposition to the use of 108 Virginia Avenue as a short-term tourist rental. He expressed concerns about the safety of allowing neighboring properties to be rented to strangers.

On the other hand, Holland Daniels, who lives on West 1st Street very close to the subject property, expressed support for the applicant’s plan. “She has improved that property more than any previous owner,” He said. “It’s beautiful.”

Local resident Bruce Rappaport agreed with Dr. Rodriguez in opposing the application. “The transient effect makes people uncomfortable,” he told the commission, adding, “There’s a housing shortage, anyway.”

In all four speakers opposed the request, and three supported it. When the public hearing was closed, commissioners discussed the application and the safety issues that had been raised. Commissioner Marshner asked if the traffic concerns could be alleviated by the installation of traffic mirrors. It is something the town could study, but the commissioners agreed that it was not
something that could be reasonably expected of the applicant.

Commissioner Gordon reminded the members that the house rules included in the approval package expressly forbade parties or other noisy activities. In the end, the planning commission by a 3-2 margin voted to recommend the denial of the request. “Yes” votes from Commissioners Gordon and Ingram, “No” from Marshner, Jones, and Merchant. Chairman Merchant reminded the audience that the short-term tourist rental is a new practice in Front Royal, and the town is “feeling its way” through the approval process. There was no comment from the applicant after the vote.

The now-somewhat famous Data Center Ordinance then came before the commission. The Ordinance amendment as proposed would allow data centers as a by-right use in the Industrial Employment (I-2) zone. Chairman Merchant opened the floor for a public hearing. There was one public speaker. Bruce Rappaport opposed the by-right provision. “A special use permit helps protect the interests of the community. It means vetting by the planning commission and staff, and it allows the public to be fully involved.”

Local resident and erstwhile Town Council candidate Bruce Rappaport outlines his reasons for supporting a Special Use Permit requirement for Data Centers.

Once the public hearing was closed, a lively discussion ensued. The definition of a “Green Roof” attracted some questions, and the commission members asked that the definition in the ordinance be adjusted to match that used by the state, that a “green roof” can be either a solar roof or a vegetative roof. The idea is to encourage developers of buildings with large roof areas to create environmentally sustainable coverings that help with energy reductions, and stormwater management. Several commissioners expressed opposition to the use of the by-right terminology and preferred to include conditional use permitting as a requirement in the ordinance. A by-right use can be approved administratively by the town, whereas the special use permit requires planning commission action. Commissioner Jones was also opposed to a use by-right, and Commissioner Ingram questioned the need for a height allowance of 100 feet when the zoning requirement is already 75 ft. In the end, the Commission voted unanimously to amend the motion by making 4 changes:

• Change “by-right” to “by special use permit”
• Define the Green Roof to match the State’s definition
• Remove the restrictions on fence types.
• Removed the building height exception. The maximum height would remain at its current 75 feet.

The commission will still have the opportunity to revisit the issue as a new Zoning Ordinance is expected to be part of the Comprehensive Plan update and presented by early 2023. The town council will now have to take up the question of the planning commission’s amendments to the ordinance amendment proposal.