Awaiting legislation in Richmond that could impact local rules
The Washington Town Council voted unanimously Monday to table an application on rezoning the Foster Harris House, deciding to wait on possible legislation coming out of the General Assembly’s upcoming session.
The application for rezoning from village residential to village mixed use to expand the bed and breakfast’s rentable rooms from five to eight was recommended for denial by the town Planning Commission last month after concerns were raised at its public hearing about “spot zoning,” and the implications of some by-right uses the zoning change would allow.
“I think it’s fair to say that most of the discussion in the public hearing raised questions,” Caroline Anstey, chair of the Planning Commission, said during her report at Monday’s meeting. “[Rezoning] sets a precedent that hasn’t been normal for the town . . . it’s either an approve or a not approve, we cannot approve with conditions . . . so if you approve it, that opens the door to certain by-right uses.”
Watch the meeting:
Washington Town Council, Tuesday, Nov. 11, 2024, 7 p.m.
Council member Gail Swift asked if the council or Planning Commission could think of some “creative solutions” to the problem that would not change the zoning, but still allow the bed and breakfast to use the additional rooms.
“Instead of us making some decisions tonight, let’s put our heads together and see if there’s any creative way to make everyone happy,” Swift said.
Town Attorney Martin Crim said the way state law is written right now, the town could not allow the use of the extra rooms without changing zoning. However, there is a bill expected in the next legislative session that may allow the use through other governmental mechanisms, such as a special use permit.
“I’m sensitive to the fact that the law continues to be in motion. And I think in some ways it is premature for us to make a decision one way or another and deny ourselves the opportunity to perhaps enable business at a later date through a more useful legal mechanism,” Mayor Joe Whited said.
Whited also suggested that the Planning Commission look into possible provisional zoning, which he said would allow the town to “walk down the road of an SUP, but in a different way.”
The council voted to table further discussion until the January meeting when it will hear from the Planning Commission about provisional options.
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