MEMORANDUM

To: Planning Commission Members

From: Rodney Rhodes, Senior Planner

Date: April 13, 2017

RE: April 20, 2017, Planning Commission Meeting

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

1. Call to Order _________________

2. Moment of Silence _________________

3. Approval of minutes of March 16, 2017 Meeting _________________

DEPARTMENT OF COMMUNITY DEVELOPMENT

116 W. BEVERLEY STREET | P.O. BOX 58 | STAUNTON, VA 24402
540.332.3862 (OFFICE) 540.332.3807 (FAX)
5. New Business

a. Public Hearing and Consideration of a _________________

Request to Rezone a Portion of 909
Richmond Avenue From I-1, Light
Industrial District, to B-2, General
Business District.

b. Public Hearing and Consideration of an

Ordinance Amending Title 18.125,
Minimum Off-Street Parking
Requirements, of the Staunton City Code,
as it Relates to Off-Street Parking
Requirements for Hotels and Motels.

c. Consideration of Rezoning Existing, _________________

Legally Nonconforming Residential
Properties Along N Augusta and N Coalter
Streets from Business to Residential

6. Old Business _________________

7. Other Business
a. Closed Session Legal

8. Adjournment _________________

DEPARTMENT OF COMMUNITY DEVELOPMENT

116 W. BEVERLEY STREET | P.O. BOX 58 | STAUNTON, VA 24402
540.332.3862 (OFFICE) 540.332.3807 (FAX)
Planning Commission Regular Meeting March 16, 2017 Page No. 1

MINUTES
STAUNTON PLANNING COMMISSION
March 16, 2017
5:30 p.m.
City Council Chambers

PRESENT: Nathaniel Burress, Chair

Judith Wiegand, Vice Chair
Brad Arrowood
Jessica Robinson
Joseph Mills

ALSO PRESENT: Rodney Rhodes, Senior Planner

Timothy Hartless, City Planner
Jim Harrington, Council Liaison
Doug Guynn, City Attorney
Linda Little, Clerk of Council

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

a) Public Hearing and Consideration of a request by Staunton Machine Works, Inc. to

rezone 811 Richmond Avenue from I-1, Light Industrial District, to B-2, General
Business District.

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.

The Public Hearing was opened.

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.

The motion was seconded and carried unanimously.

Mr. Hartless noted that this would appear before Council on April 13, 2017, 7:30 p.m. in Council
Chambers.

OLD BUSINESS

a) Consideration of a Request by John Dorlini For a Special Use Permit to Allow an

Additional Dwelling Unit in the Basement of the Existing Structure at 309 W.
Beverley Street

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.

The motion was seconded.

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

a) Welcome to our new Commission member, Mr. Joseph Mills

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.

b) Defer closed session to next meeting.

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

Meeting Date: April 20, 2017

Staff Members:

Item # Rodney Rhodes

Tim Hartless

Ordinance #

Department: Community Development Planning and Zoning

Subject: Public Hearing and Consideration of a Request to Rezone a

Portion of 909 Richmond Avenue From I-1, Light Industrial
District, to B-2, General Business District.

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

JO
N
ES
ST
PA
TT
O N
ST E
AV
L
A
N
TIO
A
N

909
National
Cemetery
ST
L
EL
W
PO
RI
CH

Martin's Food Markets

M
O
ND
A
LT

AV
A

E
ST

ST
L
EL
B

AY
W
Y
IT
UN
M
M

0 100 200 400 ft

CO
 Current Zoning for 909 Richmond Ave

JO
N
ES
ST
PA
TT
O N
ST E
AV
L
A
N
IO
AT
N

909
National
Cemetery
ST
L
EL
W
PO
RI
CH

Martin's Food Markets

M
O
ND
A
LT

AV
A

E
ST

ST
L
EL
B

AY
W

Zoning B-3 I-2(conditional) R-2

Y
IT
UN

B-1 HE-1 I-3(conditional) R-2(conditional)

M

B-1(conditional) I-1 P-1 R-3

M

0 100 200 400 ft

CO

B-2 I-1(conditional) P-1(conditional) R-3(conditional)

B-2(conditional) I-2 R-1 R-4
 Proposed Rezoning for 909 Richmond Ave

JO
N
ES
ST
PA
TT
O N
ST E
AV
L
A
N
TIO
A
N

909
National
Cemetery
ST
L
EL
W
PO
RI
CH

Martin's Food Markets

M
O
ND
A
LT

AV
A

E
ST

ST
L
EL
B

AY
W

Zoning B-3 I-2(conditional) R-2

Y
IT

B-1
UN

HE-1 I-3(conditional) R-2(conditional)

M

B-1(conditional) I-1 P-1 R-3

M

0 100 200 400 ft

CO

B-2 I-1(conditional) P-1(conditional) R-3(conditional)

B-2(conditional) I-2 R-1 R-4
 1 Draft 4.11.17
2
3
4
5 Ordinance No. 2017-
6
7
8
9 AN ORDINANCE TO REZONE
10 FROM I-1, LIGHT INDUSTRIAL, TO B-2, GENERAL BUSINESS,
11 A PORTION OF THAT CERTAIN TRACT OF LAND CONTAINING 5.110 ACRES,
12 MORE OR LESS,
13 LOCATED AT 909 RICHMOND AVENUE, STAUNTON, VIRGINIA (PID 362)
14
15
16
17 WHEREAS, Andrew Gartrell, on behalf of Lidl US Operations LLC, applicant and
18 contract purchaser with the prior consent of the owner, 909LOT, LLC, has applied for a zoning
19 classification change from I-1 Light Industrial District to B-2 General Business District as to a
20 portion of the property located at 909 Richmond Avenue, Parcel identification number 362;
21
22 WHEREAS, the property lot size is approximately 5.110 acres, more or less, and is the
23 subject of a deed, dated December 31, 2015, of record in the Clerks Office of the Circuit Court
24 of the City of Staunton, Virginia, as Instrument Number 160000105, a copy of which is annexed
25 and incorporated by reference;
26
27 WHEREAS, a portion of the lot is currently zoned I-1 Light Industrial, and the remaining
28 portion is zoned B-2 General Business;
29
30 WHEREAS, the applicant has requested that the area zoned as I-1 Light Industrial be
31 rezoned to B-2 General Business so that the entire property will be subject to the same zoning
32 requirements, which is consistent with the Citys Comprehensive Plan;
33
34 WHEREAS, the Planning Commission of the City of Staunton, Virginia, has
35 recommended the proposed rezoning, and
36
37 WHEREAS, this matter has been properly advertised, heard, and considered.
38
39
40
41
42
43
44
45
46
47
48
49
50 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Staunton,
51 Virginia, that the portion of the following described real property not already zoned B-2 General
52 Business be and the same is HEREBY REZONED from I-1 Light Industrial District to B-2
53 General Business District, to wit:
54
55 All that certain portion of the lot or parcel of land, with all improvements thereon
56 and appurtenances thereto currently zoned I-1 Light Industrial, situate in the City
57 of Staunton, Virginia, such lot or parcel being designated as Parcel B and
58 containing 5.110 acres, more or less, as more fully described on plat entitled "Plat
59 Showing Division of the Charles Jesse Harvey and Daniel Scott Harvey Prop.,
60 Staunton, Virginia", dated January 3, 1990, prepared by R. W. Smith &
61 Associates, a copy of which is recorded in the Clerk's Office of the Circuit Court
62 of the City of Staunton, Virginia, in Deed Book 300, Page 472.
63
64
65 INTRODUCED: ________________________
66
67 ADOPTED: _______________________
68
69 EFFECTIVE DATE: _______________________
70
71
72
73
74 Carolyn W. Dull, Mayor
75
76 ATTEST:
77 Linda L. Little, CMC
78 Clerk of Council
 PLANNING AGENDA BRIEFING
COMMISSION

Staunton, VA

Meeting Date: April 20, 2017 Staff Members:

Rodney Rhodes
Item # Tim Hartless

Ordinance #

Department: Community Development Planning and Zoning

Subject: Public Hearing and Consideration of an Ordinance

Amending Title 18.125, Minimum Off-Street Parking
Requirements, of the Staunton City Code, as it Relates to
Off-Street Parking Requirements for Hotels and Motels.

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.

Suggested Motion: I move to recommend endorsement of the proposed ordinance amending

SCC 18.125.
 1 DRAFT 4/4/17

2 Ordinance No. 2017 -

3
4 AN ORDINANCE AMENDING, RESTATING, AND REORDAINING
5 SECTION 18.125.010, OFF-STREET PARKING REQUIREMENTS - GENERAL,
6 OF CHAPTER 18.125 MINIMUM OFF-STREET PARKING REQUIREMENTS,
7 OF TITLE 18 ZONING,
8 OF THE STAUNTON CITY CODE
9
10 WHEREAS, The Staunton Planning Commission, after study and review, determined to
11 recommend approval of an amendment to the Staunton City Code to increase the number of
12 parking spaces required for hotels, motels, or similar places of lodging, and

13 WHEREAS, this matter has been properly advertised, heard and considered.

14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Staunton,

15 Virginia, that Sections 18.125.010, Off-street Parking Requirements - General, of chapter 18.125
16 Minimum Off-Street Parking Requirements, of Title 18 Zoning, of The Staunton City Code be
17 and hereby are amended as follows:
18
19 18.125.010 Off-street parking requirements General.
20 In all districts there shall be provided, at any time any building or structure is erected or enlarged
21 or increased in capacity, off-street parking spaces for automobiles in accordance with the
22 following requirements

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

USES 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.

Motels and tourist courts One per guest bedroom.

..

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

Meeting Date: April 20, 2017 Staff Members:

Rodney Rhodes
Item # Tim Hartless

Ordinance #

Department: Community Development Planning and Zoning

Subject: Consideration of Rezoning Existing, Legally Non-

Conforming, Residential Properties along N Augusta
and N Coalter Streets from Business to Residential

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

9 Caroline St B-1 R-2 Single-Family

11 Caroline St B-1 R-2 Single-Family
15 Caroline St B-1 R-2 Single-Family

816 Blakemore St B-1 R-2 Vacant Lot

512 Baptist St B-1 R-2 Vacant Lot

518 Baptist St B-1 R-2 Single-Family
524 Baptist St B-1 R-2 Vacant Lot
614 Baptist St B-1 R-2 Single-Family
616 Baptist St B-1 R-2 Single-Family
620 Baptist St B-1 R-2 Vacant Lot
628 Baptist St B-1 R-2 Single-Family

12 Virginia Ave B-1 R-2 Single-Family

9 Bagby St B-1 R-2 Single-Family

29 Bagby St B-1 R-2 Single-Family
33 Bagby St B-1 R-2 Single-Family
39 Bagby St B-1 R-2 Single-Family

8 Tams St B-1 R-2 Single-Family

12 Purviance St B-1 R-2 Single-Family

14 Purviance St B-1 R-2 Single-Family
15 Purviance St B-1 R-2 Single-Family
20A Purviance St B-1 R-2 Single-Family

14 Dover St B-1 R-2 Single-Family

17 Terry St B-1 R-2 Single-Family

19 Terry St B-1 R-2 Single-Family

1004 N Augusta St B-1 R-2 Single-Family

1008 N Augusta St B-1 R-2 Single-Family
1010 N Augusta St B-1 R-2 Single-Family
1014 N Augusta St B-1 R-2 Single-Family
834 N Augusta St B-1 R-2 Single-Family
838 N Augusta St B-1 R-2 Single-Family

306 Winchester Ave B-1 R-3 Single-Family

308 Winchester Ave B-1 R-3 Single-Family
 Current Zoning for N Augusta St. Area
GR
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ST

LN
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ND
39 ST

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33 1014
15
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29 1010
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RO

ST
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R-2

ST
12
ST

A
628

E
ST

ST
838

LE
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AU
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834
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R-4 N 620 S
ST

ST
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BL
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616

ST
614

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IN
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ST
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15 15

HA
EN

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ST
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NY
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524
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T
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518
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512
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ND
LA
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MO
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T
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W
B-2 Zoning B-3 I-2(conditional)
SR-2
T
CT
NTRAL

B-1 HE-1 I-3(conditional)OSPE R-2(conditional)

PR
0 75 150 300 ft
B-1(conditional) I-1 P-1 R-3
N CE

B-2 I-1(conditional) P-1(conditional) R-3(conditional)

B-2(conditional) I-2 R-1 R-4
 Current Zoning for Winchester Ave
BU
CH
B-3 AN
AN
ST

ED
G EW
OO

ST
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PH
Rite Aid

RD
R-2

OL
ND
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306
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308 WI LV
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ST
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PROSPECT ST

B-1 R-3

HE-1

WA
VE
RL
EY Zoning B-3 I-2(conditional) R-2 ST
Y
GR
N
B-1 HE-1 I-3(conditional) LE
R-2(conditional)
R
VE
0 40 80 160 ft
B-1(conditional) I-1 P-1 R-3
BE
B-2 I-1(conditional) P-1(conditional) R-3(conditional)

E
B-2(conditional) I-2 R-1 R-4
 PLANNING AGENDA BRIEFING
COMMISSION

Staunton, VA

Meeting Date: April 20, 2017 Douglas L. Guynn,

City Attorney

Item #

Ordinance #

Department:

Subject: Closed Session Legal

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.

Second. Discussion. Vote Clerk to poll members of Planning Commission.

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.

Second. Discussion. Vote Ask the Clerk to poll members.

Code of Virginia
Title 15.2. Counties, Cities and Towns
Chapter 22. Planning, Subdivision of Land and Zoning

15.2-2310. Applications for special exceptions and variances

Applications for special exceptions and variances may be made by any property owner, tenant,
government official, department, board or bureau. Applications shall be made to the zoning
administrator in accordance with rules adopted by the board. The application and accompanying
maps, plans or other information shall be transmitted promptly to the secretary of the board who
shall place the matter on the docket to be acted upon by the board. No special exceptions or
variances shall be authorized except after notice and hearing as required by 15.2-2204. The
zoning administrator shall also transmit a copy of the application to the local planning
commission which may send a recommendation to the board or appear as a party at the hearing.
Any locality may provide by ordinance that substantially the same application will not be
considered by the board within a specified period, not exceeding one year.

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