Town Planning Commission Tackles Motel-Apartment Conversion, Elects New Chairman

The Front Royal Planning Commission, presided over by Acting Chairman Connie Marshner in the absence of its former Chairman Daniel Wells, who submitted his resignation last week, met Wednesday, April 17, to hold public hearings on six Special Use Permit (SUP) applications. Acting Chair Marshner announced that an election for a new chairman would be added to the end of the agenda due to former Chairman Wells resignation. Commissioner Glenn Wood moved to add the election to the agenda, and Commissioner Michael Williams seconded. The commission voted unanimously for the addition.

There were no citizen comments from the nearly empty meeting room, and the commissioners voted unanimously to approve a one-item Consent Agenda, Authorization to Advertise for Public Hearing a single SUP submitted by Abode of Liberation for a lodging house at 1324 Old Winchester Pike.

There were seven public hearings:

Baymont Inn Apartment Conversion

The major business of the meeting was a pair of requests from CCC Enterprises LLC of VA for a property at 10 South Commerce Avenue, which was familiar to residents as the Baymont (former Quality Inn).  First was a SUP application to convert the 3-story motel into a 39-unit apartment building. The property is zoned C-1, Community Business District.

Zoning Administrator Ware cautioned the commission that they were being asked to vote only on the proposed use for the property, not the site plan or other permits. The applicants presented a concept site plan showing a mix of one and two-bedroom units around green space and a swimming pool. The configuration as presented included 24 one-bedroom units, 2 one-bedroom with a den, and 12 two-bedroom units. However, the specific mix of units may change as the process moves forward. The applicants have not yet established pricing for the units, as it is too early in the process to determine. The applicants assert that the proximity of the property to the downtown area will be beneficial, as the tenant mix is intended to consist of young professionals and couples rather than families with children. The Planning Department summary indicates that this use is in conformance with the Town’s Comprehensive Plan and could provide badly needed housing. Commissioner Wood indicated “quite a bit of interest” in the project from downtown business owners, who will want to know “What type” of tenants the development would yield.

“What they do not want is for this to become low-income rentals”, Wood said. “I would suggest that as this process moves forward, you should be prepared to address that.”  The applicant, Sam Sharma, told the commission that they were looking for local tenants only – predominantly “workforce” – cited as “teachers, firefighters, people who have restaurants on Main Street – that’s the goal we are trying to meet.”

At the public hearing, surprisingly, given the publicity for the proposal, there were no public comments either for or against it.

Sam Sharma, left at the podium, and Kyle Hopkins, the applicants for a Special Use Permit for the Baymont Inn property on Commerce Ave., address the Front Royal Planning Commission to explain their concept of a 3-story apartment structure to provide ‘workforce housing’ adjacent to the downtown area.

The Planning Department’s summary lists only one condition for the SUP: two parking spaces must be provided for each apartment. Acting Chair Marshner asked if “a third party” might be paying rent for tenants. Answer: “No.”  After some discussion about the merits of the proposed use, on a motion by Commissioner Matthiae, seconded by Commissioner Williams, the commission voted unanimously in favor of a recommendation for approval by the Town Council.

The second request from  CCC Enterprises LLC of VA is a request for a Special Exception for the property also located at 10 S. Commerce Avenue, identified by Tax Map 20A8-22-6, for a reduction in the required parking space size from 10 x 20 feet to 9 x 18 feet, and a reduction of the required parking area setback of thirty feet (30’) from the property lines. The property is zoned C-1, Community Business District. Approval of this exception is a condition of the CUP for the use as apartments, as the property could not be redeveloped under this proposal if the parking changes were not approved. Zoning Administrator Ware explained the requirement to the commission and showed that a boundary setback of 30 feet would eliminate the majority of parking spaces.  As proposed, the parking spaces combined result in “a few more” than the 78 required.

Artist’s conception of a 39-unit apartment building where the Baymont Inn now stands at 10 South Commerce Ave.

After further discussion, Commissioner Matthiae made a motion, seconded by Commissioner Wood, to recommend approval. The vote for approval was unanimous.

Other Business

In other public hearings, Karen Reynoso has submitted a request for a Special Use Permit to allow a short-term rental at 1400 Old Winchester Pike. Zoning Administrator John Ware told the Commission that the application and the property were in full compliance with the Town’s ordinances. The property is zoned Residential (R-2). With no discussion on a motion by Commissioner Wood, seconded by Commissioner Brian Matthiae, the commission voted unanimously to recommend approval.

Short Street Properties LLC is requesting a SUP to allow a ground floor dwelling unit at 519 Short Street; the property is zoned C-1, Community Business District. In the business districts residential dwellings are only permitted by SUP. Zoning Administrator John Ware told the commission that this property has a Residential structure in the front of the lot and a commercial use shop in the rear. Due to fire damage, the property has not been occupied for over two years, and the applicant intends to renovate it inside and out

Permit applicant Chris Grady tells the Town Planning Commission that he plans to renovate a property at 519 Short Street as two dwelling units.

Under the town’s zoning ordinance, if a legally nonconforming use has been discontinued for two years, it must be brought into compliance with the current standard. Since the Commercial District allows ground-floor dwelling units only by SUP, the applicant has submitted the request. Property Owner Chris Grady addressed the commission and described the project to restore the vacant, burned-out property to two dwelling units. There were no speakers either for or against the request. Commissioner Wood asked about the presence of stored vehicles at the back of the property, and the applicant said that the owner had agreed to clean up that area prior to closing. The applicant asked if there was a danger that a permit for the use could be denied once the purchase and renovations were complete. Town Planning Director Lauren Kopishke said that was the reason for getting the Special Use Permit before the work is completed, to reduce the denial risk for the applicant. After further discussion on Commissioner Natthiae’s motion, seconded by Commissioner Wood, the commission voted unanimously to recommend approval.

Edwin S. Wright submitted a request for a Special Use Permit to allow a ground-floor dwelling unit at 514 South Royal Avenue. This property is zoned C-1, Community Business District. It was previously in use as a residential dwelling but has been vacant for several years. The applicant plans to renovate the property with two dwelling units, One a 4-bedroom 2-story, and one a basement 2-bedroom. As with the previous SUP request, the legally non-conforming property must now comply with the current Zoning Ordinance to re-establish the residential use. There were no speakers at the public hearing. During the discussion, Commissioner Williams asked if the requirement for parking spaces in the town ordinance had to be met before the permit was issued. Zoning Administrator Ware said that parking spaces were a requirement for permit issuance. On a motion by Commissioner Williams, seconded by Commissioner Wood, the commission voted unanimously to recommend approval.

Edwin Wright submitted a proposal for a special use permit for this building at 514 S. Royal Ave for two dwelling units. The Planning Commission voted to recommend approval.

Edwin S. Wright has also submitted a request for a SUP to allow a ground-floor dwelling unit at 512 S. Royal Avenue. The applicant is renovating the property immediately adjacent to the previous plot. The applicant’s plan calls for this formerly derelict building to be converted to two one-bedroom dwelling units, one on the main floor and one in the walkout basement. The property is zoned C-1, Community Business District. As with the previous request, the SUP was required because the legally non-conforming use had expired when the property was vacant. With little further discussion on a motion by Commissioner Matthiae, seconded by Commissioner Wood, the commission voted unanimously to recommend approval. Commissioner Williams and Wood expressed their appreciation for the applicant’s efforts to improve the highly visible properties at the south entrance to the town that desperately needed it.

Chris King-Archer has requested a SUP to allow a short-term rental at 331 Kerfoot Avenue. The property is zoned R-1, Residential District. The Applicant intends to have this 4-bedroom property as a whole-house rental. There were no speakers at the public hearing. The town ordinance for short-term rentals requires one off-street parking space per bedroom, and there are currently only three parking spaces on this property. The planning staff recommended disapproval for that reason, but Commissioner Williams asked the applicant if adding another parking space to comply with the town ordinance was possible. The applicant indicated that it was possible but questioned the consistency of the ordinance application, citing the case of a nearby short-term rental property with no off-street parking.

Planning Director Kopishke explained that the Planning Department could not recommend approval if there were insufficient parking under the ordinance, and in the case the applicant cited, the commission had recommended denial for that reason, but the town council approved it anyway. Town Council can overrule its own ordinance. Town Attorney George Sonnett told the commission that a commissioner could offer a substitute motion to recommend approval, providing that the applicant would provide the additional parking space required by the ordinance. With little further discussion on a motion offered by Commissioner Williams and seconded by Commissioner Wood, the commission unanimously recommended approval of the suggested substitute motion.

After the public hearings, Commissioner Wood nominated Vice-Chairman Connie Marshner as permanent chair to serve the remainder of former Chairman Wells’s term. Commissioner Williams seconded, and the commission voted unanimously for Marshner’s chairmanship.

Planning Director Kopishke reported to the commission that there were 267 walk-in customers to the Town Planning Department in March, 25 zoning permits, 15 business license applications, and 5 code enforcement cases. She also said that the department hopes to have a draft rewrite of the Town Zoning Ordinance in the hands of the commission by the end of June. The rewrite of the ordinance is the last major part of a multi-year fundamental rewrite of the town’s planning and zoning infrastructure, which included updating the Comprehensive Plan and its components.

Another surprise was in store at the end of the meeting when Commissioner Glenn Wood announced his resignation from the board, effective May 16^th. The commission “regretfully” voted to accept the resignation and wished Commissioner Wood well.

An urgent reminder: The planning department is recruiting for new Planning Commission Members (now 2). Check out the town website for the application form.

The meeting adjourned at 8:21 p.m.

Click here to watch the Town of Front Royal Planning Commission Meeting of April 17, 2024.