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The Staunton Planning Commission will hold a meeting on Thursday, April 20,
2017, at 5:30 P.M. in the City Council Chambers, 1st floor, 116 West Beverley
Street.
If you cannot attend this meeting, please call the Department of Community
Development, at 332-3862, by noon on Wednesday, April 19, 2017.
The fieldtrip for this meeting will be held at 4:30 P.M. on Tuesday, April 18,
2017. Please meet at the Parks and Recreation Office at Montgomery Hall Park.
AGENDA
Action Taken
7. Other Business
a. Closed Session Legal
8. Adjournment _________________
MINUTES
STAUNTON PLANNING COMMISSION
March 16, 2017
5:30 p.m.
City Council Chambers
The Chair called the meeting to order at 5:30 p.m. and a moment of silence was observed.
APPROVAL OF MINUTES
Mr. Arrowood moved to approve the minutes of the February 16, 2017, Planning Commission
Meeting. The motion was seconded and carried 3 to 2, with Ms. Robinson and Mr. Mills
abstaining due to their absence at that meeting.
NEW BUSINESS
Mr. Hartless, City Planner, stated that Staunton Machine Works is requesting to re-zone 811
Richmond Avenue from I-1 Light industrial District to B-2, General Business District. The
property is located on the north side of Richmond Avenue and contains approximately 0.39
acres. He indicated that the property would be leased by Helmuth Builders Supply Inc. who plan
to sell prefabricated accessory buildings, which would not be permitted in a business district.
The Generalized Land Use and Development Guide, Staunton, Virginia Comprehensive Plan
2010 2030, designates this property as general commercial.
Adjacent zoning is B-2 General Business to the east, I-1 Light Industrial across Richmond
Avenue to the south, I-1 Light Industrial to the west, and I-2 Heavy Industrial to the north toward
CSX Railroad.
Planning Commission Regular Meeting March 16, 2017 Page No. 2
Based on its compliance with the Comprehensive Plan and consistency with good zoning
practice, staff recommends endorsement of the requested rezoning.
Mr. Mike Troyer, of Helmuth Builders Supply Inc., was present to represent this request. He
stated that they would like to provide a service to the community by retailing prefabricated
buildings, storage sheds, and play structures.
There being no one else present to speak to this matter, the Public Hearing was closed.
Ms. Wiegand moved to recommend approval of the rezoning of 811 Richmond Avenue from I-1
Light Industrial District to B-2 General Business District.
Mr. Hartless noted that this would appear before Council on April 13, 2017, 7:30 p.m. in Council
Chambers.
OLD BUSINESS
Mr. Rodney Rhodes stated that this item has been continued from the February Planning
Commission meeting and the Commission requested staff to research the following:
1. Could the Special Use Permit be granted to Mr. Dorlini and expire upon the sale of
the property?
2. Could the Special Use Permit be granted for a specified period of time and expire
thereafter?
Mr. Rhodes noted that staff has reviewed the City Code and the Virginia Code regarding the two
questions. With regard to the restrictions and conditions placed on a Special Use Permit, the
Staunton Zoning Ordinance states:
18.210.040 Restrictions.
In the exercise of its review, the planning commission may impose such conditions regarding the
location, character, or other features of the proposed use or buildings as it may deem advisable
in the furtherance of the general purposes of this title. (Zoning ordinance Art. 7, 4).
Mr. Rhodes further stated that the purpose of special use permits is to properly integrate uses
permitted on review with other land uses located in the district. He stated that while the Zoning
Ordinance provides wide latitude in placing conditions on special use permits, staff is not of the
Planning Commission Regular Meeting March 16, 2017 Page No. 3
opinion that a condition placing a time limit on a permit helps to integrate the use with other land
uses located in the district.
Ms. Wiegand stated that she finds herself remembering that at the public hearing at the last
meeting, there was some neighborhood opposition to continuing or reinstating the special use
permit because of parking issues primarily, and that the original special use permit was given to
apply to an owner-occupied residence where the second unit was occupied by a relative of the
owner. She further stated that the residence is smaller than 3,000 square feet so that if it were
coming before the Commission for a second unit, it would not be eligible because of its size.
She noted that at this point she is not particularly in favor of this but would like to hear from the
other members of the Commission.
Mr. Mills asked why a special use permit was needed. It was explained to him that the property
is zoned business and residential uses are only permitted on the second floor and up, not on the
ground or basement levels except by Special Use Permit. It was further explained to Mr. Mills
that the area was of mixed use with an apartment building, single family dwellings and
businesses.
Mr. Arrowood asked that were this rezoned to residential, would the guidelines regarding a unit
of at least 3,000 square feet allow an accessory dwelling unit be permitted with a special use
permit for this unit.
Mr. Hartless indicated that in R-3 and R-4 Residential this would be allowed, however,
according to the assessor the square footage of this property is just under 3,000. He noted that if
the owners could show evidence that the assessors estimate is a little short, and there is more
than 3,000 square feet, then they would qualify once its rezoned to residential.
Mr. Arrowood pointed out that under that scenario there is no requirement of the units being
owner-occupied.
Ms. Robinson asked how long has it been since the parking agreement expired.
Mr. Hartless noted that both units were currently rented but the parking agreement expired in
2009.
Mr. Guynn inquired of Mr. Hartless if he was stating to the Commission that since 2009 the use
of this property has been contrary or in violation of our zoning laws. Mr. Hartless noted that the
condition on the original special use permit required the parking agreement, so staffs position is
when the parking agreement expired, that the special use permit expired also. Mr. Guynn
inquired again, and Mr. Hartless responded in the affirmative about the violation.
Mr. Rhodes stated that staff is recommending approval of the request with a condition that a
parking agreement would be in place for at least one year and staff would receive a copy each
year no later than December 31st.
Discussion ensued.
Planning Commission Regular Meeting March 16, 2017 Page No. 4
Ms. Robinson moved to recommend endorsement of the Special Use Permit for 309 W. Beverley
Street with the following condition:
1. The parking agreement shall be renewed for a term of at least 1 year and that a copy of a
renewal agreement shall be submitted to the Department of Community Development
no later than December 31st, of each year in which the agreement is renewed. Failure to
renew the parking agreement and submit it to the Department of Community
Development, will result in the expiration of the Special Use permit.
Ms. Wiegand pointed out that the parking agreement does not require the individual(s) living in
the basement apartment to park where that parking space is, therefore, the parking problem is not
necessarily addressed.
The motion carried 3 to 2 for approval and will appear before City Council on April 13, 2017.
OTHER BUSINESS
Mr. Rhodes welcomed the newest member of the Planning Commission, Mr. Joseph Mills.
Mr. Mills stated that he was a long time Staunton resident, for approximately 45 years. He noted
that they raised their children in the city and the school system. He previously worked for
American Safety Razor and then had his own business in Fishersville. He stated that he was
retired but glad to be part of the Planning Commission.
Mr. Guynn suggested that the Commission consider deferring the closed session to the next
regularly scheduled meeting. There may be some clarity or information that will help inform the
Commission in going forward regarding the Commissions role in communicating any
recommendation it might like to make to the Board of Zoning Appeals regarding any requested
variances.
ADJOURNMENT
Upon a motion properly made, seconded, and unanimous, the meeting adjourned at 6:01p.m.
_________________________
Linda L. Little, CMC
Clerk of Council
PLANNING AGENDA BRIEFING
COMMISSION
Staunton, VA
Ordinance #
Background: Lidl US Operations. LLC is requesting to re-zone a portion of 909 Richmond Avenue
from I-1 Light industrial District to B-2, General Business District; The property is currently split zoned
with a portion as I-1 Light Industrial District and a portion as B-2, General Business District. If the
requested rezoning is approved, it would result in the entire property being zoned B-2. A location map,
current zoning map, and proposed zoning map of the requested area are attached. The property is
located on the north side of Richmond Avenue adjacent to The National Cemetery.
The Generalized Land Use and Development Guide, Staunton, Virginia Comprehensive Plan 2010
2030, designates this area as general commercial.
An attached map illustrates the zoning of the area surrounding this site. Adjacent zoning is B-2 General
Business to the south and to the east and I-1 Light Industrial to the east and to the north.
Attachments:
1. Location Map
2. Map of Current Zoning
3. Map of Proposed Zoning
4. Ordinance of Rezoning, 909 Richmond Avenue
Recommendation: Based on its compliance with the Comprehensive Plan and consistency with good
zoning practice, staff recommends endorsement of the requested rezoning.
Suggested Motion: I move to recommend approval of the rezoning of a portion of 909 Richmond
Avenue from I-1 Light Industrial District to B-2 General Business District.
Location Map, 909 Richmond Ave Rezoning
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Staunton, VA
Rodney Rhodes
Item # Tim Hartless
Ordinance #
Background: Recently, as a result of the development occurring at Staunton Crossing and Frontier
Center, staff has identified problems with the amount of Off-Street parking that is required for hotels
and motels. Section 18.125.020 of the Zoning Code includes a Table of Parking Spaces Required.
This table establishes the minimum number of parking spaces required for each type of land use
within the City. Currently, a hotel would be required to provide 1 off-street parking space for every 2
guest rooms. The proposed ordinance would amend the code to require 1 off-street parking space for
each guest room plus provide additional parking if a restaurant and/or conference facility were
included. This would be beneficial to developers in areas that are part of the Entrance Corridor
Overlay Districts where parking that is provided in excess of what the zoning code requires must be
constructed of alternative surface. Alternative surface is a surface that allows water to pass through.
Examples include permeable pavers and permeable concrete, among others. Under the current
requirements, if a hotel was to provide adequate parking for its customers, such as 1 parking space for
each guest room, a significant number of parking spaces would be considered excess parking and
must be constructed of alternative surface.
Recommendation: Conduct the public hearing. Staff recommends that Planning Commission
endorse the proposed ordinance.
13 WHEREAS, this matter has been properly advertised, heard and considered.
23 (1)
24 (2)
25 (3)
26 ...
27 (10) The minimum number of off-street parking spaces shall be determined in accordance with
28 the following:
29
Table of Parking Spaces Required
Hotel, motel, etc. One per two each rooms or suite, plus two per three employees.
When a restaurant is included that may serves the outside public,
parking shall be calculated at the same rate as Establishments for sale
and consumption on the premises of beverages, food, or
refreshments.
For conference or meeting facilities, add one additional space for
every 4 persons based on the design capacity of the conference or
meeting area.
Hotel (apartment) One parking space for each two individual rooms or apartments.
..
30
31 In all other respects, the provisions of Chapter 18.125, Minimum Off-Street Parking
32 Requirements, of the Staunton City Code remain the same and are hereby restated, confirmed
33 and reordained.
34
35 Introduced:
36 Adopted:
37 Effective Date:
38
39
40 ______________________________
41 Carolyn W. Dull, Mayor
42
43 ATTEST:__________________________
44 Linda L. Little, CMC
45 Clerk of Council
PLANNING AGENDA
COMMISSION BRIEFING
Staunton, VA
Rodney Rhodes
Item # Tim Hartless
Ordinance #
Background:
Historic and long term non-conforming residential parcels in areas zoned for business, or
industrial uses exist in many areas of the City. The continuing residential use of a large
percentage of these parcels is currently supported by the Recommended Land Use Map
included in the 2010-2030 Comprehensive Plan. Planning and Zoning staff have, in the past,
addressed the conflict between current zoning designation and residential parcels by re-zoning
parcels to reflect their actual and long term use; the recommendations in the Comprehensive
Plan play an important role in considering these changes in designated land use. Planning staff
recently mapped and analyzed the location and configuration of our non-conforming residential
parcels in order to re-visit and address the problems associated with the current zoning
designation of some of these parcels, including the inability to expand or rebuild the structure.
The Recommended Land Use Map included in Stauntons 2010-2030 Comprehensive Plan
recommends several areas throughout the city for consideration for re-zoning pre-existing,
legally non-conforming residential properties from Business and Industrial Uses to Residential
Use. The process was begun in 2012 when areas located along West Beverley Street, were
rezoned to either R-2 Low Density Residential or R-3 Medium Density Residential. The process
continued in 2016 when areas along Churchville Avenue and Springhill Road were rezoned to
either R-2 Low Density Residential, R-3 Medium Density Residential Conditional, or R-4 High
Density Residential.
At the request of Planning Commission, staff has most recently been looking at areas along
North Augusta Street. Attached to this brief is a list of addresses and two maps showing the
location of properties along North Augusta and North Coalter Streets. These are properties that
staff has identified as potential candidates for rezoning. The attached maps indicate the current
zoning of each property as well as the surrounding zoning. If Planning Commission is in
agreement, we will plan to look at these properties in more detail at our May fieldtrip.
Attachments
1. List of addresses to be reviewed for potential rezoning
2. Map N Augusta Street Area
3. Map Winchester Ave Area
Recommendation
No recommendation necessary at this time.
Suggested motion
No motion is necessary at this time.
N Augusta and N Coalter Streets Potential Rezoning
Current Propposed
Address # Street Zoning Zoning Current Use
13 Oakenwold St B-1 R-2 Single-Family
15 Oakenwold St B-1 R-2 Single-Family
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PLANNING AGENDA BRIEFING
COMMISSION
Staunton, VA
Item #
Ordinance #
Department:
Suggested Motion(s): I move that, pursuant to Virginia Code Section 2.2-3711(A)(7), the Commission
enter a closed meeting session to consult with legal counsel regarding specific legal matters requiring legal
advice as to applications and proceedings regarding variances from the City of Stauntons zoning law
requirements, pending land use litigation and corridor overlay.
Open Meeting Reconvened: I move that Planning Commission reconvene in an open meeting and certify
to the best of each members knowledge that only lawfully exempted public business matters were
discussed and that only public business matters as identified in the closed meeting motion were heard,
discussed or considered in the meeting.
Code 1950, 15-828 through 15-830, 15-832, 15-833, 15-850, 15-968.10; 1950, p. 176; 1962, c.
407, 15.1-496; 1966, c. 256; 1975, cc. 521, 641; 1989, c. 407; 1997, c. 587.
The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.
1 4/12/2017