Council Members Present: Susan Seymore, Mitchel Greer, Tim Williams, Tom Hayes, Melissa Barrett, and Vicky Van de Vuurst Absent: None

Transcription

1 Minutes for April 30, 2018 at 6pm, Damascus Town Hall Public Hearing and Special Called Joint Meeting between the Damascus Town Council and the Damascus Planning Commission Council Members Present: Susan Seymore, Mitchel Greer, Tim Williams, Tom Hayes, Melissa Barrett, and Vicky Van de Vuurst Absent: None Also Present: Jack McCrady, Mayor Mike Hounshell, Police Chief Tuesday Pope, Town Clerk Gavin Blevins, Town Manager Mayor McCrady called the meeting to order and opened a Public Hearing to provide information and solicit comments regarding a proposed ordinance to amend Sections 1 20 of the Zoning Ordinance of the Town of Damascus, Virginia to update and clarify the ordinance from the 2001 version, which the Town is authorized to amend pursuant to Section of the 1950 Code of Virginia, as amended. Mr. Blevins gave an explanation of the updating/amending process the Planning Commission has done so far. Several residents and business owners stepped forward to ask questions and voice their objections and concerns about the possible proposed changes to the Town s zoning map, and all were opposed to it. (Public comment roster separate.) 7:45pm - Mayor McCrady closed the Public Hearing and returned to Open Session. Mr. Blevins read the summary of changes to the current zoning ordinance. The Council disagreed with the proposed building height maximum of two finished stories above ground (Article 9.2-2) because it is too limiting. The Planning Commission disagreed with allowing four stories because it could block the viewshed, so after discussion, they all agreed on a three story maximum. The Council was not in favor of the proposed zoning map with updates (1 st draft). Mr. Greer made a motion to accept the proposed Zoning Ordinance updates, with a change to the proposed height, maximum (Article 9.2-2), and adopt the Ordinance as amended; along with the current zoning map (no changes to the map were approved at this time). Mr. Hayes 2 nd the motion, which passed (6-0). Mr. Blevins presented the updated Zoning Permit Application form, which gives more information to the applicant, as well as gathers more detailed information. Ms. Seymore made a motion to adopt the updated zoning/development permit application as presented and recommended by the Planning Commission. Mr. Williams 2 nd the motion, which passed (6-0). (8:06pm) Mr. Hayes made a motion to adjourn, 2 nd by Mr. Williams; the motion passed (6-0). Jack McCrady, Mayor Tuesday Pope, Clerk

2 April 30, pm, Damascus Town Hall Public Hearing and Special Called Joint Meeting between the Damascus Town Council and the Damascus Planning Commission Public Comment Roster 1. Greg Alderman E. Laurel Ave. Mr. Alderman expressed concern over property possibly changing to commercial, and why it is happening now, other churches in town are not being rezoned. Claims this will lower the property value, make it unmarketable and with bad timing for the church since they plan to build a church outside the town limits in the near future. Alderman said the voting members of the congregation voted unanimously against the proposed rezoning. He appreciates the opportunity to voice concerns. 2. Nancy Lamb 305 W. Laurel Ave. Ms. Lamb stated that it would be more logical to leave all of Laurel Avenue zoned commercial and asked why property owners are being penalized and singled out, as well as why there are 3 different kinds of commercial zones being proposed and in general agrees with Greg Alderman. 3. Katie Lamb 561 Clifton St. Ms. Lamb asked what the objective of rezoning is and claimed the sign in front of her house was wrong, it says C1. Her property is proposed to be rezoned from C1 to C3. She also asked for clarification on the difference between existing commercial zones and the new proposed commercial zone. (Gavin- all info is in ordinance) (Mayor-C3 allows exemption for businesses parking requirements along main street) Ms. Lamb asked where this info can be found. (Gavin- in ordinance that the public has access to at Town Hall and electronically). Ms. Lamb expressed concern over the new Downtown Connector Path affecting available parking. 4. Stuart Wright- 171 Backer Ln. Mr. Wright asked if the Old Mill will be included in C3 and not required to have parking regulations (Mayor- In the 1 st draft of the proposed map that property was in a C3 district but will not be on the next draft). He also expressed concerns over lack of parking in town, gave a brief historical overview of Damascus; the flood in 1977, the Railroad no longer being in business, the dam in bad shape. Later everyone realized the potential Damascus had to become a tourist destination, with bed and breakfasts, the Creeper Trail, the AT, etc. Wright said that the core of Damascus needs to remain commercial, because it is what saved this town and 40 years of planning has gone into making it what it is today. There are very few private residences in Town limits, and now changing more properties to residential is detrimental. Wright claimed that lack of parking is going to stop the plan and growth of the Town and it must be dealt with, adding to the town without adding parking is stifling growth. The Island is the biggest parking opportunity and should be zoned so that it can one day be a parking garage, the river can run through the bottom of it. Wright suggested staying on track with what the town has done in the past that has allowed it to grow, but that parking needs cannot be created without addressing the lack of parking in Town. 5. David Atwood 210 Reynolds St. Mr. Atwood expressed his desire for his property not to switch to C3 because it will negatively impact the value of it. Once it is changed to commercial, it cannot be sold as residential, and that is what he purchased it as. Atwood said that if the house on his property burned down, it could not be built back as a residential dwelling, it would have to be built back as a commercial building. Atwood said this change would restrict his selling options as buyer financing options would be limited. He also noted that if the neighboring Old Mill and 208 N. Reynolds is changed to C3, their guests will be allowed to park anywhere, including in front of his residence. Atwood expressed displeasure that the parking in front of his residence being changed to perpendicular recently. He would also like to see the proposed new map reflecting the changes Gavin has made since this came about. 6. Susie Montgomery 103 Laurel Ave. Ms. Montgomery recently stopped using her property as a B&B but would like to have the option of doing so, asked what she needs to do if she wants to

3 continue to have the ability to use it as a B&B (Gavin- something about not letting business license lapse). 7. Buddy Albro 539 Adkins. Mr. Albro said that no property owner in his area that is proposed to be rezoned wants to their properties to be rezoned as commercial, they want to remain residential, the property is not designed to be used commercially. He would like his property downtown to remain commercial since it is located on Main Street and his cottage property to remain Residential. Though they are rented out, there is only a small easement and to make it commercial could cause more traffic in the future and would not be good for the neighborhood, it would also change the easements and allow building in the area that the neighborhood doesn t want. Mr. Albro agrees with what Mr. Aldermen expressed in his comments and notes that the change would make his property more difficult to sell in the future. 8. Al Harris 206 Daniel Boone St. Mr. Harris expressed displeasure with proposed Amphitheatre to be built in the area, when he purchased the property for peace and quiet. (Jack- there will be other hearings about this issue). 9. Michelle Chesser 203 N. Region St. Ms. Chesser said she is concerned that if her property is rezoned as commercial, they cannot sell it as a B&B, therefore it will not be worth as much in resale value. She wants to retain the ability and if the zoning is changed they will be losing potential buyers. She stated that she loves Damascus. 10. David Adams 133 Imboden St. Mr. Adams, son of the owner of Lazy Fox inn at this address, says they will be interested in selling in the future and being able to sell it as an existing business makes it worth more, stated that he does not see a big problem with the change as long as his mother is able to continue running her B&B as long as she wants to. He is glad nothing will change for her, but the problem is that changing the zoning of the property may affect the value and cause a potential buyer to reconsider. Mr. Adams also asked why Imboden will be changed to a one-way street (Jack explains). Mr. Adams wants to know why the Town doesn t figure out a way to use the Post Office parking lot. (Jack said it is privately owned). 11. Sean Albro 509 Adkins. Ms. Albro said this proposed change was sudden and without any input from town citizens, and putting the signs up were dramatic, the change doesn t make sense, people have asked why, and an adequate answer has not been provided. She asked if the Town citizens would have a chance to provide input about the proposed zoning map changes and when would it take effect. (Jack- The ordinance will be voted on tonight and the old map will be in effect until a new one is adopted). 12. Larry Riddle 209 Douglas Drive. Mr. Riddle said that Damascus has always been a tenting town and should allow tenting everywhere for 5 or 6 days surrounding Trail Days, and that the Town should not require the use of permits to allow tenting during the festival and enforce the tenting ordinance at other times. It has always been allowed the sudden change before Trail Days 2017 that banned tenting was punitive for everyone. Mr. Riddle said he has been defending the town on social media and is grateful for whatever tenting will be allowed and is grateful to be accepted by the Town. He said he may run for Council in the future and the first thing on the agenda should be to legalize cannabis within the Town limits. He also commented that certain people should have been addressed personally over the tenting issue in 2017, instead of restricting everyone s tenting freedom. 13. Brenda McConnell Short 127 Commerce St. Ms. Short expressed concern that her property was not identified properly on the proposed map (Gavin- this can be worked out with Washington County). She also asked that the revised map reflect the property in such a way that it will not complicated her aging mother s life. (Gavin- property is not changed, only neighboring property). 14. Jim Cartwright 277 West Laurel Ave. Mr. Cartwright stated that business is business and congress should make no law prohibiting ex post facto and that things should stay the same, he also asked that C2 be explained (Gavin-The differences are the allowances and the disallowances between the two, such as parking. Mayor- several homes along Beaverdam Ave. were slated to change from Commercial to Residential and these homeowners oppose the changes, will be revisted).

4 15. Tyler Allie 126 Creepers Way, 110 S. Reynolds St. Mr. Allie expressed his thanks for the open forum that allows him to speak as well as his love for Damascus and noted that he had also sent a letter to the Mayor and Council expressing his concern over the proposed Zoning map. Mr. Allie stated that he wishes his property to remain commercial since that is what they purchased it as, and a shift to residential affects its value. Mr. Allie expressed his desire for the Town to be more transparent in its business and for the information, such as the Proposed Ordinance and Zoning map to be more accessible to citizens of the Town, and that with current technology there shouldn t be any reason that everyone did not know about the proposed changes. (Gavin- It was posted in yards, letters were sent to everyone affected, the ordinance was available at the Town Hall as well as electronically) (Jack- what could we have done better?) Mr. Allie said the ordinance could have been put on the Town website and estimated that 90% of the people in the room had not seen the Proposed Ordinance. 16. Becca Allie 126 Creepers Way, 110 S. Reynolds St. Ms. Allie expressed her desire for her and her husband s properties to remain commercial because that was key reason they purchased them, because the possibilities are endless. Their property on Reynolds is proposed to change from C1 to C3 and they do not want this change to take place, due to limitation of residential use. (Gavinalready slated to remain C1, clarification issue with paperwork that disallows such). She would like the ability to continue to do whatever they wish with the various properties, while they own them and if they choose to sell. 17. Katie Lamb 305 W. Laurel Ave. Ms. Lamb asked how many of the Council had seen the proposed ordinance before it was posted (yes, but when it was posted everyone was made aware of the proposed changes, the planning commission was in charge of this project- some had not seen the map) and what was being voted on this evening (the ordinance changes, not the zoning map). Ms. Lamb also wished to reiterate what Mr. Atwood stated earlier that rezoning the pool and other businesses was not a fair decision. 18. Stuart Wright 171 Backer Ln. Mr. Wright asked if it was correct that in the proposed ordinance changes, erecting buildings more than two stories high were prohibited (Gavin- correct). He stated that many are already 3 stories, does the Town not want to allow for possible addition of motels and hotels? (Gavin- looking at the future of progress in Town, the viewshed should not be tampered with by building high rises, and there are currently few 3 story buildings. Jack suggested modifying the ordinance to 3 stories instead of 2). 19. Susie Montgomery 103 Laurel Ave. Ms. Montgomery wished to know if she can get a business license and keep it up to date and that would allow her to be able to maintain her residence and use it as a B&B if she wants to continue her business after the break she is taking from running the business this year (Jack- Feels certain she does not need to worry because her property will not be affected once the next draft of the zoning map comes out). 20. Camille Blankenship 208 Reynolds. Ms. Blankenship spoke for her son, the owner of the property she lives on, and said he wished it to remain commercial, and opposes the proposed rezoning. She stated that her son said the Town would own him $20,000 if his property was rezoned. 21. Paul Gadola Beaver Dam Avenue. Mr. Gadola stated that the proposed zoning changes for main street and the pool to residential seems suspicious at best and many people have been asking why and he wants a proper explanation (Gavin- this is to ensure that property owners in the area be given the opportunity to safeguard residential properties with upcoming development). Mr. Gadola stated the proposed new zone of C3 is opening Pandora s box (Jack- the addition of C3 will only help downtown businesses when it comes to the parking issues, so they don t have to have a certain amount of parking where it is lacking, some businesses only have street parking). 22. Nancy Lamb W. Laurel Ave. PG Wideners old place should be a parking lot. 23. Michael Wright 128 W. Laurel Ave, 167 Backer Ln. Mr. Wright expressed his thanks to the Council for answering so many of his questions already and stated that downtown is commercial and should stay that way and that entirety of Highway 58 should be zoned commercial from end to end, restricting it to residential would hurt business growth. Understands the proposed C3 designation but

5 doesn t see the need to include the alley behind the businesses as well. He brought up parking issue, losing 10 spots, does not see the point of changing the zoning on those. Mr. Wright asked the Council to not limit businesses and pointed out that the conditional use permit must be revisited with a new owner that might acquire the property. Mr. Wright asked if section 14.3, regarding signage in commercial buildings, was new? He feels that these restrictions regarding signs is nitpicky, why shouldn t he be able to have a sign and two business logo stickers in each window in a storefront? He recommends taking this part out or never enforcing it. 24. Luke Neisius 132 West Laurel- business owner. Mr. Neisius asked how the proposed ordinance and re-zoning will help his business flourish and what exactly does the C3 designation mean (Gavinparking answer again). Mr. Neisius asked how he could obtain a copy of the proposed ordinance (Jack- can you come by Town Hall and pick a copy up tomorrow?) 25. Katie Lamb 561 Clifton St. Ms. Lamb asked if everyone could come by and get a free copy of the ordinance since it was being offered to Mr. Neisius (Gavin & Tuesday- it is free digitally but about $17 to print out the 65-page ordinance). 26. Becca Allie Various properties. Ms. Allie asked if the vote to pass the proposed ordinance could be put off until everyone gets a copy of it (Jack- no, there are items that cannot be postponed until after May, so must vote tonight, but the proposed zoning map is not being voted on tonight).