All right.

I will open the December 10, 2025 meeting of the Harrisonburg Planning Commission.

First order of business determination of a quorum.

All members are present except for Commissioner Al Cindy, so we have six members present and therefore have a quorum.

Next item of business is review and approval of the minutes of our November 13th meeting.

I move to accept the minutes as presented.

Second.

All right.

Moved by Vice Chair Order, seconded by Commissioner Kettler.

Any discussion.

All in favor say aye.

Aye.

Aye.

Opposed no.

All right, you approve the minutes as presented.

So moving on to new business.

Item 4A, request from Turkey Properties LLC to rezone 797 Chicago Avenue.

All right, good evening, you guys.

My name is Meg Repkey, and I am a planner for the Department of Community Development.

As mentioned tonight, our first project our first request is for an applicant requesting to requesting a rezoning and a proffer amendment for 797 Chicago Avenue.

Here is a zoning map of the site.

The existing site is R5C, B2C, and B2.

And then requesting a proffer amendment to the R5C and rezoning the portions of the B2C to R5C and B2.

Here is a land use guide of the map or the land use map of the area.

And then here is an aerial of the site.

A little bit of history on this site.

This site has had rezonings that occurred both in 1995 and 2022 that are relevant for our conversation that currently regulate different portions of this property.

The first rezoning occurred in May 1995 that rezoned multiple parcels from M from M1 to B2C.

And then the second rezoning that occurred in April 2022 was a rezoning that rezoned a large portion of the parcel to from B2 and B2C to R5C for the project that is now known as Sunshine Apartments, which is currently under site plan review today.

Sunshine Apartments is a planned is planned to contain two three-story multi-family dwellings with a total of 57 units.

Also resulted in an increase of park, an increase of required parking that cannot be accommodated on the site today.

A portion of the site that is being requested to be rezoned to B2 with no proffers is that is on 797 Chicago Avenue.

And then here is an image of the site today.

A red line copy of the proffers can be found within the staff report.

The first proffer that they are amending is proffer number four, where they are adding in some clear of some language to clarify where the location of the fence would be for the neighboring property lines.

With the amount of parking the applicant is wanting to provide, the applicant was able unable to find a location that they both that they and the city were able found acceptable to meet that 2022 proper requirement.

In conversations with the applicant, staff had recommended the applicant reduce the size and footprint of the buildings and or reduce the number of parking spaces that they are wanting to provide in favor of providing more open space or better playground areas for the residents.

However, the applicant would like to have two parking spaces for each of their units as well as additional visitor spacing or visitor parking spaces.

There's updating pro updated formatting to proffer seven.

Um just kind of cleaning that up a little bit.

And then there was a new proffer number eight, where at staff's suggestion that the applicant had proffered number eight to restrict vehicular traffic to third street from the site.

Um while the applicant does not plan to use third street today, um there are utilities within that area and that would restrict the development of it today.

This we had suggested that they continue to include that proper that they included this proffer as a continuation from the 1995 B2C uh rezoning request.

Um the main difference between this and the 1995 request is that the 1995 free zoning proffer required that a gate be installed.

This new proffer would not require that they install a gate, but it would be restricted to vehicular access, they would not be able to use it in the future.

And then just for your reference, this where the proper eight is referring to the strip of land to third street is circled in red on the screen.

The request does not increase the development potential of the site beyond what has been previously approved, except for the increase in parking for La Morena for the La Morena property.

Staff does recommend approval of the rezoning request.

Thank you very much.

Any questions of staff?

Yeah, give them some slides, Commissioner Sides.

Yeah, just to clarify.

This says that you know we're looking at parcel 39 P1, which is the apartment piece.

But this also includes line change in the rezoning on what is known as the La Morena property as well, too.

So yes, it does uh refer to that as well, but it is currently only on the 797 property.

It is all that where this map is showing on the screen that I have pulled up now.

That property line between the green and the yellow has not been created yet.

Um they're in the process of working on that, but that we would I we have asked them to put it on hold to start.

So we're only acting on the yellow and the green request as well.

There are one request.