Harrisonburg Planning Commission Meeting - August 14, 2024
Harrisonburg Planning Commission Meeting - August 14, 2024
The Harrisonburg Planning Commission met on Wednesday, August 14, 2024, at 6:00 PM in Council Chambers. Six members were present (Finnegan, Byrd, Baugh, Dent, Alsindi, Nardi) with one absent (Washington). The commission considered several public hearings and action items, including a special use permit for a major family day home, a rezoning request, a zoning ordinance amendment, a preliminary subdivision, a water service request, and a second zoning ordinance amendment for urban honeybees. All votes were 6-0 unless noted.
Consent Calendar
- Approval of Minutes (June 12, 2024): The minutes were approved 5-0 with Vice Mayor Dent abstaining.
Public Hearings & Discussion Items
Special Use Permit for Major Family Day Home (1561 Gilmer Circle)
- Applicant: Paulin Mupenda Makungu and Beni Ndjoni Tamnwe requested a special use permit (SUP) to operate a major family day home (MFDH) for 5–12 children under age 13 in an R-1 district. The applicant stated they planned to care for up to 10 children initially, with hours 6:00 AM–5:00 PM, and that they had spoken with neighbors who "100% agreed."
- Public Comment: Barbara Keppel (1510 Gilmer Circle) opposed the request, citing increased traffic and safety concerns, comparing it to "adding 12 additional houses."
- Staff Recommendation: Approval with no conditions; staff noted the use would have little impact.
- Commission Discussion: Commissioners recognized the need for accessible childcare (citing ARPA community engagement results where childcare was a top need). Commissioner Byrd expressed support, noting the use places the operator under state regulations. Chair Finnegan suggested a possible condition capping the number of children, but the motion was amended to include a standard nuisance-recall condition. The motion passed 6-0.
- Key Outcome: The SUP was recommended to City Council for September 10, 2024, with the condition that the permit can be recalled if it becomes a nuisance.
Rezoning Request for 895 North Liberty Street
- Applicant: Concepcion Ortiz Vasquez requested rezoning from M-1 (General Industrial) to R-8-C (Residential) to allow a single-family dwelling. The applicant explained she purchased the property in February 2024, unaware it was in an industrial zone, and has lived there for 18 years. She requested the rezoning to remain in her home.
- Staff Report: The property is non-conforming residential; it lost its non-conformity when a second unit was added without permits. Staff recommended denial, citing the site's industrial zoning and Comprehensive Plan designation, and noting adjacent industrial uses (including a junkyard) are incompatible with residential.
- Public Comment: None beyond the applicant.
- Commission Discussion: There was extensive debate. Commissioners expressed sympathy for the applicant but concern about setting a precedent in an industrial area. Vice Chair Byrd and Commissioner Nardi favored approval, while Commissioner Baugh suggested exploring an M-1 special use permit option instead of rezoning. Staff noted that two existing M-1 special use permits allow residential uses (attached to recreation or boarding/rooming houses). A motion to table the request was made to allow staff to research an M-1 special use permit option. The motion passed 6-0.
- Key Outcome: The rezoning request was tabled. Staff will investigate the possibility of an M-1 special use permit for residential use and report back to the commission.
Zoning Ordinance Amendment: Validity Period of Special Use Permits
- Proposal: To amend Section 10-3-130(c) to extend the validity period for special use permits (SUPs) for residential projects from 12 months to 36 months, in compliance with Virginia HB 650 (2024). Solar projects were not included as no solar SUPs exist in the city.
- Staff Recommendation: Approval.
- Commission Discussion: Commissioner Baugh questioned whether mixed-use projects with a residential component would qualify; staff confirmed they would interpret it as residential. The motion passed 6-0.
- Key Outcome: The amendment was recommended to City Council for September 10, 2024.
Preliminary Subdivision: 210 Mount Clinton Pike
- Applicant: Everence Foundation Unique Assets LLC requested preliminary approval to subdivide a 6.402-acre lot into two lots (1.5 acres and 4.92 acres) in the M-1-C district. No variances were requested.
- Staff Recommendation: Approval, noting the plat meets all subdivision ordinance requirements and that water/sewer lines will be provided.
- Commission Action: The motion to approve passed 6-0. (No public hearing required.)
- Key Outcome: The preliminary plat was approved.
Water Service Request: Granite Farm (MILA LLC)
- Applicant: MILA LLC requested City water and sewer service for a proposed 225 single-family detached unit development (Granite Farm) on 87.79 acres in Rockingham County, with 4.16 acres in the city. The development would connect to Shenstone Drive, Stonechris Drive, and Switchboard Road.
- Staff Report: The applicant will construct necessary off-site sanitary sewer upgrades (estimated 1,999 feet of lines expedited from 2060 to buildout), water main extensions, and a 30-foot-wide waterline easement. A traffic impact analysis was accepted. The estimated water demand is 62,920 gallons per day. The city's water system is built for 15 million gallons per day (MGD) and has 370,000 gallons per day of marketable capacity. Deputy Director of Public Utilities Dave Gray confirmed the city has sufficient capacity, even in drought (11.6 MGD available during worst drought). The infrastructure agreement also requires a mini-roundabout at Shenstone Drive and Westfield Court before phase 2.
- Commission Discussion: Commissioners asked about water and sewer capacity. Mr. Gray explained that the city's enterprise fund ensures rates cover long-term maintenance, and that rural water sales generated $1.8 million in FY24. The motion to approve passed 6-0.
- Key Outcome: The public utility application was recommended to City Council for September 10, 2024.
Zoning Ordinance Amendment: Urban Honeybees (Unfinished Business)
- Proposal: To amend the Zoning Ordinance to allow and regulate urban honeybees. This item was tabled in June 2024 for further research. Staff met with local beekeepers Dorn Peterson and Mike Hott.
- Changes Made: Removed the term "temporary housing" and now allow two additional hives for up to 60 consecutive days for queen mating and swarm control. The minimum setback from property lines remains 10 feet (consistent with state BMPs).
- Public Comment: One written comment requested reducing the setback to 5 feet, but staff recommended against it.
- Commission Discussion: Vice Chair Byrd, whose concern was addressed, moved to approve. The motion passed 6-0.
- Key Outcome: The ordinance amendment was recommended to City Council for September 10, 2024.
Reports of Secretary & Committees
- Rockingham County Planning Commission Liaison (Commissioner Alsindi): Reported on the August 6 meeting, which included a rezoning from A-2 to R-2 (approved) and renewal of Kevin Flint for the Capital Improvement Program.
- Board of Zoning Appeals (Vice Chair Byrd): No meeting held.
- City Council (Vice Mayor Dent): Reported on the July 9 and August 13 City Council meetings, including: approval of a special use permit for manufacturing on Baxter Drive; a drought warning resolution (voluntary conservation); a combined erosion control and stormwater ordinance; the SPARC program (Sponsoring Partnerships and Revitalizing Communities) to reduce mortgage interest rates by 1%; and the appointment of Tyler Blanks as the new Zoning Administrator (promoted from Zoning Specialist).
Other Matters
- Next Month's Applications: Staff noted four rezoning applications are expected, so only one meeting is recommended for September.
Key Outcomes
- All action items were approved unanimously (6-0) except the rezoning for 895 North Liberty Street, which was tabled for further study of a potential M-1 special use permit option.
- The special use permit for the major family day home included a condition that the permit can be recalled if it becomes a nuisance.
- All recommendations will be forwarded to City Council on September 10, 2024, with the exception of the preliminary subdivision, which did not require council action.
- The meeting adjourned at 8:17 PM.
Meeting Transcript
What you know, you know, I'll see what's going on. I have a new house. Two minutes. I call this meeting to order for the Harrisonburg Planning Commission on Wednesday, August 14th. Uh we have a quorum with six members present. Do we have any motions or uh corrections to last month's minutes? Actually, it would be the minutes from two months ago. I make a motion to approve the June twelfth minutes. Second. We have a motion to approve. Uh the minute says they're submitted in the packets. And the second all in favor of approving last month's minutes say aye. Aye. Aye. All opposed? I wasn't here. Okay, and with one abstention from Councilmember Dent, or uh Vice Chair Dent. All right. We now move on to item four A. Uh consider a request for a special use permit to allow major family day home at fifteen sixty-one Gilmer Circle. And I'll turn it over to staff. Good evening. Um, in front of you all, I printed out two copies of or two separate letters that we received from neighbors. Um I've emailed both of them to you as well, so it may have had a chance to review them, but if not, they're in front of you. All right. Um, so this request is for a major family day home at fifteen sixty-one Gilmer Circle. Sorry. The property is currently zoned R1 and is surrounded by R1 properties. Um it is designated low density residential in our comp it's um plan. And then here is an overview from an aerial of the site. And then here is a picture of the site from uh standing within the cul de sac there. Um so when considering a major family day home, it's kinda it's helpful to know that the differences between a major family day home and a minor family day home. The minor family day home is allowed by right within um residential districts, except for the R5 district, um, to allow up to four children to be for a daycare situation. Um the major family day homes are only allowed by special use permit and are for the care of five and twelve children under the age of um between five and twelve children. Um the applicant has been advised that if this is approved, if this request is approved, they'll need to work with the Department of Education for their licensing requirements that they may need to acquire to operate. Um the applicant is uh planning to have their hours of operation between 6 a.m. and 5 p.m. and for a care of up to five children. The owner has been aware also made aware that um along Gilmer there is a uh parking zone that um restricts where when people can park on that street. Um the applicant has been made aware that employees and families would not be able to park along the street and would need to utilize the driveway for pickup and drop-off for their um for their operation. Staff believes that uh the major family day home would not have uh would have little impact on the surrounding neighborhood and recommends approval of the special use permit request with no conditions. Thank you. Do you have any questions for staff before we open the public hearing? Questions for staff. Uh just to clarify, so when we were on the site tour yesterday, we saw the the blue zone parking permit, so there's a two-car garage or um a two-car driveway, maybe big enough for two cars. On this for this um site, yes, they could fit um cars, and then there's also a garage that he told me that they currently store a vehicle in as well. Okay. So to get cars in and out of there, it would be using the driveway because they don't the people dropping off wouldn't have the permits to park on the street. Correct. Okay.
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