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Planning Commission tables request to convert 9423 South Congress Street commercial unit to residential
Summary
After a joint public hearing with the Town Council, the New Market Planning Commission voted 5-0 to table a conditional use permit request that would convert one ground-floor commercial unit at 9423 South Congress Street to a residential apartment, citing unresolved parking questions and enforcement clarity.
The New Market Planning Commission on June 1, 2026, voted unanimously to table a conditional use permit request for 9423 South Congress Street that would convert a first-floor commercial unit to a residential apartment. Commissioner George Daugharty moved to table the request pending additional information on off-street parking behind the building and clarification about downtown parking enforcement; Commissioner Sonny Mongold seconded and the motion passed 5-0.
Neighbors and property owners spoke at a joint public hearing with the Town Council before the Planning Commission took action. Neighbor Dave Homza warned that allowing conversions "would reduce the number of businesses downtown, potentially harming the town's economic vitality and setting a precedent for further conversions," and several other long-time property owners raised similar concerns about downtown vibrancy. Property owner Linda Caldwell said residents and guests "often occupy street parking intended for business customers, which she believes discourages tourism and business activity." Zoning Administrator Nathan Garrison explained that the building is historically mixed-use and that residential apartments in the B1 district require a conditional use permit.
Commissioners focused their deliberations on parking availability and enforcement. Garrison noted two-hour limits on parallel spots downtown but said enforcement is limited due to staffing constraints; he also pointed to two public parking lots — on South Congress Street and John Seiver Road — that do not have time restrictions. Commissioners requested a count of available off-street parking spaces behind 9423 South Congress Street and clarification about how two-hour limits are enforced before taking a final vote.
The joint Town Council hearing that preceded the Planning Commission session closed without Council action on the permit; Council members adjourned their special meeting after public comment. The Planning Commission will revisit the conditional use permit once staff can supply the requested parking information and any enforcement plan.
