Harrisonburg Planning Commission Meeting - May 8, 2024
Harrisonburg Planning Commission Meeting - May 8, 2024
The Harrisonburg Planning Commission held its regular meeting on May 8, 2024, at 6:00 PM in City Council Chambers. Six of seven members were present; Vice Mayor Laura Dent was absent. The meeting included four public hearings, two preliminary subdivision plats, annual reports, and liaison updates. The meeting adjourned at 8:01 PM.
Consent Calendar
- Approval of Minutes (April 10, 2024): Approved 4-0, with Commissioners Nardi and Alsindi abstaining.
Public Comments & Testimony
- Zoning Ordinance Amendments (Skill Games & Tobacco/Vape Shops): Arbab, owner of multiple gas stations, spoke against both amendments, arguing that a 1,000-foot buffer from schools and daycares would harm small businesses and reduce city revenue. He stated he does not allow skill games in his stores but opposed restrictions on tobacco/vape sales. Todd Ray (Harrisonburg resident) asked for clarification on non-conforming status if a new daycare opens near an existing vape shop; staff confirmed existing businesses would become non-conforming.
Discussion Items
- Special Use Permit – Child Day Care Center at 1552 S High Street: The applicant (Trustees Chicago Avenue Mennonite Church) seeks an SUP to lease space to a day care provider for up to 45 children (ages 2.5–5). The church is not the operator, so an SUP is required. Staff recommended approval with a standard nuisance recall condition. Commissioners noted sufficient parking, two access points, and the community need for childcare (referencing the ALICE Report). Approved 6-0.
- Master Plan Amendment – 979 Roberts Court (Brookside Park): The owners of one duplex unit requested to reduce the setback along Suter Street from 20 to 10 feet and eliminate the required housing style to expand their kitchen and living room. The family is from Eritrea and needs space for communal dining. Staff recommended approval; no public opposition. Approved 6-0.
- Zoning Ordinance Amendment – Skill Games (4.c): Staff (Thanh Dang) proposed defining "skill game" and "skill game location" as principal uses, requiring off-street parking, and prohibiting them within 1,000 feet of schools or child day care centers. The state law (SB 212) will allow skill games starting July 1, 2024. The amendment would take effect before that. Approved 6-0.
- Zoning Ordinance Amendment – Tobacco, Smoke, or Vape Shops (4.d): Same staff presentation: define terms, set 1,000-foot buffer from schools and daycares (as per state HB 947), and treat them as principal uses in B1, B2 (by right) and M1 (by SUP). Existing vape shops in the buffer become non-conforming. Approved 6-0.
- Preliminary Plat – 585 Pear Street (Cobblers Valley): A request to subdivide a 2.18-acre parcel into 21 townhome lots and one common lot with a private street. Variances sought for public street frontage and utility easement location. Staff supported the variances, as similar approvals have been granted elsewhere. Discussion clarified that the development aligns with the Comprehensive Plan and that nearby County portions are under construction. Approved 6-0.
- Preliminary Plat – 465 Pear Street (J&D Group): Subdivision of 3.51 acres into 41 townhome lots, two private streets, and common areas. Same variance requests. Staff noted that a bus stop was deemed infeasible by Harrisonburg Public Transportation. In response to a commissioner question, staff distinguished this from the Bluestone Town Center plat, explaining that elevational changes and orientation make internal private streets appropriate here. Commissioner Washington left during this item. Approved 5-0.
- Planning Commission Annual Report 2023: Staff presented a report summarizing all items considered by the Commission and City Council actions. Commissioner Byrd noted his name was missing from the BZA representative listing; staff corrected. Approved 5-0 for submission to City Council.
- Community Development Annual Report 2023: Informational report on zoning activities, subdivisions, and proactive code enforcement (paused due to staffing vacancies). No action required.
Key Outcomes
- All four public hearing items were recommended to City Council (due June 11, 2024):
- Special use permit for day care center: approved 6-0.
- Brookside Park master plan amendment: approved 6-0.
- Zoning ordinance amendment for skill games: approved 6-0.
- Zoning ordinance amendment for tobacco/vape shops: approved 6-0.
- Preliminary plats recommended to City Council (due June 11, 2024):
- 585 Pear Street (Cobblers Valley): approved 6-0.
- 465 Pear Street (J&D Group): approved 5-0 (Commissioner Washington absent).
- Planning Commission Annual Report 2023: Approved 5-0 for submission.
- Next meeting scheduled: June 12, 2024 (single meeting recommended).
Meeting Transcript
I don't know. We're missing so Laurence Death is not correct. Yes. So we're missing Ariel and I treated all the church. Four minutes. Since you weren't here, just kind of traditional hands. So I'll just kind of take it all if you figure out last month's minutes. Yes. Oh yeah. Three minutes. I think that there was that reading that I was out of the experience instead of uh it's five fifty seconds. We did get a piece of the yeah, that one that's too. There you go. Yeah. Microphones are on. Call this meeting to order for the Harrisonburg Planning Commission on Wednesday, May eighth. We have a quorum with six of seven members present. Welcome to Commissioner Nardy, uh first meeting. And uh we're missing uh Vice Mayor Dent this evening who uh is not able to be here. Um we do we have any uh corrections or additions to last month's minutes or motion. There are none, Mr. Chair. I move approval of the minutes April 10th is presented. Second. Okay, we have a motion to approve and a second. Um all in favor of approving the minutes say aye. Aye. Any objections? Any abstentions? Aye. Aye, okay. We have an abstention from Commissioner Nardy and Commissioner Alcindy. Thank you. Uh we now move on to item number four, new business public hearings. Uh consider a request um for um Harrisonburg Minnesite Church for a special use permit to allow child daycare center on South High Street. All right, good evening. The applicant is requesting a special use permit uh per section 10340 subsection one of our zoning ordinance to allow a child daycare center to be located within Harrisonburg Minnonite Church, located at 1552 South High Street. The property is currently zoned, R2. In the Lanies Guide identifies it as low density residential. And then here is an aerial of the site. Um those of us on the side port today, I would point it out, or yesterday. Uh pointed out that the this portion of the building right here is the general area of where the daycare would take place um with inside this portion of the building. The plan for the daycare is the daycare is planning to provide care for around 45 children um from the ages of two and a half to five years old. The applicant plans to convert three of the existing classrooms um to operate into a space to operate for the daycare center. Uh also know that if the church was the operator of the daycare, then a special use permit would not be required. Um but since the church is uh planning on leasing space for an outside group to operate the daycare, the special use permit is required. Um here is a kind of a layout of how they are planning on converting the space. Uh the three bottom clo the three classrooms in the middle of the page are what they're planning for the daycare and with existing classrooms that they have around it. Uh staff recommends approval of the special use permit with one condition um that if in at the opinion of planning commission or city council the use becomes a nuisance, the special use permit can be recalled for further review, which could lead to additional conditions, restrictions, or even revocate revocation of the p permit. Okay, thank you.
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