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Planning Commission tables decision on conditional use permit for 9361–9365 N. Congress St.
Summary
After public comment and staff review, the Planning Commission voted 5–0 to table a conditional use permit request to add a second residential unit at 9361–9365 North Congress Street while parking and access concerns are resolved.
Chairman Larry Hale said the Planning Commission would consider a conditional use permit to allow a second residential apartment above two ground-floor commercial units at 9361–9365 North Congress Street. Mrs. Medina (identified in the record as a town staff member; a specific job title was not stated) summarized the request: the property is zoned B‑1, the lot is roughly 15,000 square feet (the zoning minimum is 10,000), and the proposal adds a rear stairwell and a second upstairs residential unit while preserving the two commercial spaces on the first floor.
Keven Walker, chief executive officer of the Shenandoah Valley Battlefields Foundation and an adjacent resident, urged the commission to protect the site’s historic character and raised pedestrian-safety, visibility, erosion, and trespass concerns. "We ask that the lot be limited to residents and their guests only," Walker said, explaining SVBF’s ownership of neighboring parcels and experience with runoff and unauthorized access. Mrs. Medina noted she had consulted Shenandoah County erosion and building officials and that county staff reported no regulatory red flags regarding stormwater or ADA compliance. She also said private stormwater disputes would be civil matters if they arise after paving, and that access restrictions would need narrowly written conditions tied to specific tenants or uses.
Commissioners discussed parking math and downtown precedent: staff’s rough calculation (assuming retail uses for both commercial spaces) estimated about 18 off-street spaces could fit in the rear, while the zoning minimum for the residential portion requires four spaces for the residential units. Commissioners expressed interest in reserving rear spaces for residents and employees to preserve on‑street customer parking. Mr. Garrison (staff) advised that historic downtown lots frequently lack dedicated off‑street customer parking and that broader downtown parking policy may be better handled by town council.
Given these unresolved questions about parking allocation, access, and refuse placement, Bob King moved and Sonny Mongold seconded to table the conditional use permit until the Planning Commission’s next meeting. The motion carried unanimously, 5–0. The commission directed staff to return with clarifications for council consideration.
