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Planning commission tables conditional-use permit for second-story apartment at 9361–9365 North Congress Street
Summary
After testimony from the Shenandoah Valley Battlefields Foundation and questions about parking, sight lines and runoff, the New Market Planning Commission voted unanimously to table a conditional use permit for a second apartment at 9361–9365 North Congress Street until next month for further review.
The New Market Planning Commission on Jan. 5 tabled consideration of a conditional use permit that would add a second residential apartment at 9361–9365 North Congress Street.
Mrs. Medina presented the application, saying the property—zoned B-1 and approximately 15,000 square feet—currently contains two ground-floor commercial units and one upstairs apartment and that the proposal would add a second residential unit and a rear stairwell. She cited zoning ordinance provisions referenced in the application (Section 70-146 Multi-Family Regulations, subsection m.2, and Section 70-61 Permitted Uses with a Conditional Use Permit, subsection (b)(nn)). Mrs. Medina said setbacks and area requirements are met and that staff’s rough parking calculation produced a need of about 17 spaces (four spaces required for the two residential units plus an approximate calculation of commercial needs), with up to 18 spaces possible on the rear lot.
Keven Walker, chief executive officer of the Shenandoah Valley Battlefields Foundation and a neighbor at 9349 North Congress Street, spoke in public comment. Walker urged preservation of the early-19th-century building and said the foundation supported continued commercial use and added residents to invigorate downtown. He raised three specific concerns: pedestrian safety at the proposed rear entrance (which he described as a blind entrance), erosion and stormwater sheet flow onto adjacent SVBF property, and trespass by short-term rental guests. "We ask that they consider only making the parking limited to residential use only," Walker said, adding that encouraging short-term rental parking could worsen trespassing and safety issues.
Mrs. Medina said she had spoken with Shenandoah County erosion and sediment control and a county building official; neither agency flagged regulatory problems with stormwater or ADA compliance given the parcel size. She advised that future runoff disputes could be civil matters between property owners but acknowledged the town could consider a narrowly tailored condition addressing who may use the rear access.
Commission discussion focused on parking allocation and public-safety mitigation. Commissioner Harry Wine said residents and employees parking in the rear would preserve limited on-street spaces; Commissioner Tom Linski cautioned that customers often prefer on-street parking and recommended leaving finer details for the Town Council to resolve. Staff reiterated that residential parking requires a minimum of four spaces and that commercial parking requirements depend on final use and square footage.
Bob King moved to table the conditional use permit for further consideration; Sonny Mongold seconded. The motion passed on a unanimous 5-0 voice vote. Mr. Garrison told commissioners that staff expects to return the item to the Planning Commission in February and present it to Town Council in March for final action.
The commission’s action was procedural: no permit was granted or denied. The item will be retransmitted to commissioners with recommended options for parking limitations, access controls and any narrowly worded conditions staff and council may consider.
