OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Planning Commission Meeting August 13, 2025: Food Truck SUP, Vice Chair Election, and Development Process Discussion

City Council & Planning CommissionWednesday, August 13, 2025
BodyHarrisonburg, Virginia
SessionCity Council & Planning Commission
DateWednesday, August 13, 2025
StatusFILED
Video Record
0:00 / 1:54:34

Transcript — Verbatim
7:31

Oh, yeah.

7:37

Well, the meeting went on after I left, but not much longer when I was leaving.

7:41

Oh, no, I saw me or something.

7:52

I saw there was a bad rabble, but I was like, oh, you're three minutes.

10:51

Microphones are on.

10:54

All right.

10:55

I will call to order the August 13th, 2025 meeting Harrison Bird Planning Commission.

11:02

We have a quorum presence present.

11:04

We uh welcome to us, uh Commissioner's Kevin site.

11:08

Uh express our sympathies to those of us who are here who were who were also here until like midnight last night or um but the note that we have a quorum.

11:19

All right.

11:20

So just double checking here.

11:25

Yeah, okay.

11:26

All right.

11:27

Next item is approval of minutes from the July 9, 2025.

11:38

I will approve or make a motion to approve the minutes is submitted.

11:43

Second.

11:44

All right.

11:44

Move by Commissioner Porter, seconded, Commissioner Al Cindy.

11:48

Joe the discussion review.

11:50

All in favor say aye.

11:52

Aye.

11:52

Aye.

11:53

Opposed, no.

11:54

Minutes stand approved as presented.

11:56

All right.

11:57

New business item four a public hearing.

12:00

Request for a special use permit to allow a restaurant at 1710 Country Club Road.

12:12

All right, good afternoon or good evening, you all.

12:15

Uh tonight, uh the applicant is um requesting a special use permit to allow restaurants in the M1 district at uh 1710 Country Club Road.

12:25

The applicant currently operates it an on-site vehicle repair and service establishment is is requesting the special use permit for the food truck.

12:33

Um the the site now is zoned M1 and across Country Couple Road, as you can see, there is B2, and then to the north, there's B2C zone property, which you all had seen semi-recently with the divinity um the divinity church rezoning request.

12:51

Here is a land use guide map that shows that the comprehensive plane has envisions has envisioned this area as mixed use with planned commercial across country club road.

13:02

And then here is an aerial of the site where the uh existing service rope service shop is, and then across country cover road there is non-conforming uh the nonconforming spots with home trailer park.

13:20

In May 2025 this year, um staff became aware of a mobile food truck operating illegally on the site and had issued a notice of violation with the property owner.

13:29

After that notice of violation was issued, um staff began working with these applicant and they had decided the special use permit was the route they would like to go to amend this violation.

13:43

Um a little bit about the site.

13:45

This property is almost entirely located within the hundred year floodplain and the floodway.

13:50

Um the site um the sorry.

13:58

Simply put, the floodplain is the broader area in the floodplain is that the specific part within the grander area, the f where the floodways where the water goes.

14:10

Um in this area, it is unclear that whether seating tables and other structures related to the mobile food business um located within the floodplain would be allowed without completing an engineering study.

14:22

Um staff has reached out to the Virginia Department of Conservation and Recreation, DCR, um, for guidance, but we had not received we have not received response back from them.

14:30

In the meantime, staff has determined that um if they were wanting to keep the tables and chairs and other structures outside, um, they would not be allowed to remain unless they can meet the requirements for uh development plan within the floodway.

14:46

Um unless they we hear back from DCR other guidelines for us to follow.

14:52

And then additionally, while reviewing the site, staff had learned that the property owner had completed um some additional work on the site um within the floodway without obtaining the proper uh approvals.

15:02

We are working with them separately from this special use permit to amend those and get to correct this violation.

15:12

So for the site, um present zoning ordinance, vehicle service and repair uses require six parking spaces for this particular business.

15:23

And then a mobile food business does not require any parking.

15:26

And then although it's not required, it is beneficial to the applicant.

15:30

They have informed us that they have an agreement with the neighboring property owner to use the gravel lot indicated by the yellow star on the screen.

15:40

Um just southeast of the property for parking related to the food truck.

15:44

Um is not a requirement or something that is tied to this, but just as something to let you all know.

15:51

Um with the parking, staff there sorry, how and where individuals um park in front of this building is a concern that staff has had.

16:03

Um there was a 1989 site plan that was approved for the construction of the vehicle service and repair establishment that shows that there was no parking spaces constructed between the building and the property uh entrance along Country Club Road.

16:24

Um in 1987, which was the likely zoning ordinance used for this ordinance in place at 1989 prohibited using public street right-of-way to maneuver vehicles in and out of parking spaces.

16:38

Um that same regulation is in place today.

16:41

Um while we were out on the site, um, and based on the information on the site plan.

16:48

It appears that vehicles could be using this area to uh maneuver.

16:53

Sorry.

16:54

It appears vehicles could be using the public street right away to maneuver to get in and out of this area.

Discussion Breakdown — Share of Meeting
Zoning And Land Use████████████████████████████████████36%
Public Engagement██████████████████████████████30%
Procedural██████████10%
Public Services████████8%
Flood Safety█████5%
Engineering And Infrastructure███3%
Community Engagement███3%
Transportation Safety███3%
Parking Policy1%
Summary of Proceedings

Harrisonburg Planning Commission Meeting - August 13, 2025

The Harrisonburg Planning Commission met on Wednesday, August 13, 2025, at 6:00 PM in City Council Chambers. The meeting was called to order with six members present (Richard Baugh, Laura Dent, Heja Alsindi, Shannon Porter, Kenneth Kettler, and Randall Seitz). The agenda included a public hearing for a special use permit (SUP) for a mobile food truck, election of a Vice Chair and Board of Zoning Appeals (BZA) representative, and a detailed discussion of the rezoning and development review process. The meeting adjourned at 7:43 PM.

Consent Calendar

  • Minutes of July 9, 2025: Approved by voice vote (6-0) with a motion by Commissioner Porter, seconded by Commissioner Alsindi.

Public Comments & Testimony

  • Panayotis Giannakouros (city resident): Called in during the public hearing for the food truck SUP. He celebrated a “new era” on the Planning Commission focused on technical details and safety, and expressed hope for flexibility in applying rules rather than denying applications based on strict adherence. He later, during the general public comment period, suggested the Commission remove the three-minute time limit for public comments to align with City Council practice, arguing that as an advisory body, collecting information benefits decision-makers.

Discussion Items

  • Special Use Permit for a Mobile Food Truck at 1710 Country Club Road: Staff reviewed the request from the property owner (Ignacio Arostegui) to legalize a mobile food truck operating illegally since May 2025. The 0.58-acre parcel (tax map 72-A-12) is zoned M-1 and lies almost entirely within the 100-year floodplain and floodway. The Comprehensive Plan designates the area as Mixed Use. Staff identified concerns: parking in front of the building may use the public right-of-way; the 1989 site plan showed no parking there; and the property owner had done unpermitted work in the floodway (being addressed separately). Staff recommended approval with conditions: (1) limit to one food truck, (2) no parking between the building and Country Club Road, (3) restore curbing at the entrance within 60 days, and (4) operations must cease if conditions not met within 60 days (with a possible 60-day extension for diligent pursuit). The applicant’s representative, Christian Kevin Arostegui, stated the food truck began operating in December 2024 to offer diverse food, and that the fire marshal approved but zoning was missed. He noted an informal parking agreement with a neighboring lot owner. Commissioner Porter moved to approve with staff’s conditions; Commissioner Kettler seconded. After discussion about floodway elevations (base flood elevation 1403–1406 feet) and parking alternatives, the motion passed 6-0. The recommendation will go to City Council on September 9, 2025.
  • Election of Vice Chair: Commissioner Heja Alsindi declined nomination. Councilmember Dent nominated Commissioner Porter, who was elected by voice vote.
  • Appointment to Board of Zoning Appeals (BZA): Commissioner Porter volunteered and was appointed by voice vote to serve as the Planning Commission’s BZA representative, following a nomination by Commissioner Kettler and second by Councilmember Dent.
  • Discussion of the Development Review Process: Commissioner Porter raised public concerns about notification for The Link project. Staff (Mr. Fletcher and Ms. Dang) presented a detailed step-by-step explanation of the rezoning process, covering: pre-application meetings, traffic impact analysis (TIA) requirements (threshold of 100 new peak-hour trips), public notification (adjoining property owners by mail, newspaper ads, signs on property with QR codes), and the three-month timeline from application to City Council decision. Staff noted that applicants are encouraged but not required to engage the community early, and that state law sets minimum notification requirements. The presentation was made to clarify transparency and procedural obligations.

Key Outcomes

  • Special Use Permit Approved: The Commission recommended approval (6-0) of the SUP for a mobile food truck at 1710 Country Club Road, subject to the four conditions. The matter proceeds to City Council on September 9, 2025.
  • Vice Chair Elected: Commissioner Shannon Porter was elected Vice Chair of the Planning Commission.
  • BZA Representative Appointed: Commissioner Porter was also appointed as the Planning Commission’s representative to the Board of Zoning Appeals.
  • Development Process Clarified: Staff’s detailed explanation of the rezoning process was provided for public record to address community concerns about transparency and notification.
  • Future Agenda Items Noted: For the September 10, 2025 meeting, three items are scheduled: a proffer amendment for Bluestone Town Center, the Anicira rezoning (postponed from August), and an alley closure on North Main Street.

Reports

  • Rockingham County Planning Commission Liaison (Commissioner Alsindi): Reported on the August 5, 2025 meeting, including a recommended denial for a rezoning from B-1 to R-3C, approval of an electronic data storage zoning amendment, and approval of short-term rental regulations.
  • City Council Report (Councilmember Dent): Noted that at the July 22 meeting, rezoning requests for 310 West View Street and 810 Port Republic Road were approved on second reading. At the August 12 meeting, the rezoning for 320 South Main Street was approved on first reading, while The Link project (multiple parcels on South Main and Liberty Streets) was tabled to allow facilitated community dialogues, with a target completion by September 23, 2025. Staff also updated on bond unit cost adjustments (first delayed for more developer input) and an erosion control ordinance amendment requiring duplexes to submit plans (no longer allowed to use an in-lieu agreement).

Meeting Transcript

Oh, yeah. Well, the meeting went on after I left, but not much longer when I was leaving. Oh, no, I saw me or something. I saw there was a bad rabble, but I was like, oh, you're three minutes. Microphones are on. All right. I will call to order the August 13th, 2025 meeting Harrison Bird Planning Commission. We have a quorum presence present. We uh welcome to us, uh Commissioner's Kevin site. Uh express our sympathies to those of us who are here who were who were also here until like midnight last night or um but the note that we have a quorum. All right. So just double checking here. Yeah, okay. All right. Next item is approval of minutes from the July 9, 2025. I will approve or make a motion to approve the minutes is submitted. Second. All right. Move by Commissioner Porter, seconded, Commissioner Al Cindy. Joe the discussion review. All in favor say aye. Aye. Aye. Opposed, no. Minutes stand approved as presented. All right. New business item four a public hearing. Request for a special use permit to allow a restaurant at 1710 Country Club Road. All right, good afternoon or good evening, you all. Uh tonight, uh the applicant is um requesting a special use permit to allow restaurants in the M1 district at uh 1710 Country Club Road. The applicant currently operates it an on-site vehicle repair and service establishment is is requesting the special use permit for the food truck. Um the the site now is zoned M1 and across Country Couple Road, as you can see, there is B2, and then to the north, there's B2C zone property, which you all had seen semi-recently with the divinity um the divinity church rezoning request. Here is a land use guide map that shows that the comprehensive plane has envisions has envisioned this area as mixed use with planned commercial across country club road. And then here is an aerial of the site where the uh existing service rope service shop is, and then across country cover road there is non-conforming uh the nonconforming spots with home trailer park. In May 2025 this year, um staff became aware of a mobile food truck operating illegally on the site and had issued a notice of violation with the property owner. After that notice of violation was issued, um staff began working with these applicant and they had decided the special use permit was the route they would like to go to amend this violation. Um a little bit about the site. This property is almost entirely located within the hundred year floodplain and the floodway. Um the site um the sorry. Simply put, the floodplain is the broader area in the floodplain is that the specific part within the grander area, the f where the floodways where the water goes. Um in this area, it is unclear that whether seating tables and other structures related to the mobile food business um located within the floodplain would be allowed without completing an engineering study. Um staff has reached out to the Virginia Department of Conservation and Recreation, DCR, um, for guidance, but we had not received we have not received response back from them. In the meantime, staff has determined that um if they were wanting to keep the tables and chairs and other structures outside, um, they would not be allowed to remain unless they can meet the requirements for uh development plan within the floodway. Um unless they we hear back from DCR other guidelines for us to follow. And then additionally, while reviewing the site, staff had learned that the property owner had completed um some additional work on the site um within the floodway without obtaining the proper uh approvals. We are working with them separately from this special use permit to amend those and get to correct this violation. So for the site, um present zoning ordinance, vehicle service and repair uses require six parking spaces for this particular business. And then a mobile food business does not require any parking. And then although it's not required, it is beneficial to the applicant. They have informed us that they have an agreement with the neighboring property owner to use the gravel lot indicated by the yellow star on the screen.

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