Zoning
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Perhaps Unsurprisingly, Most Harrisonburg Short Term Rentals Are Near EMU, Downtown or JMU |
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 Perhaps it will come as no surprise that most of the short term rentals in the City of Harrisonburg are located close to EMU, Downtown Harrisonburg or JMU. The map above shows short term rentals approved by the City of Harrisonburg as of May 1, 2020. While the City is in the process of adjusting some of their processes and guidelines for how to potentially use your property as a short term rental, the main thing to remember is that you need to get approval for doing so. Learn more about the process of establishing a short term rental in the City of Harrisonburg here. | |
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Apartments Instead of Condos on Boyers Road? |
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Cosner Investments LLC was successful in having Rockingham County rezone a 5-acre portion of a 10-acre parcel on Boyers Road to allow for the construction a four-condominium development with not more than 86 condos. Condos are properties that would be sold by the developer to individual homeowners. But now, the developer wants Rockingham County to allow the land to be used to build apartments instead -- and is asking for this change to take place without a public hearing. The developer states that investors could not be found for the condo development, so now he wants to build apartments. Apartments would all be owned by a single entity and would be rented to tenants. As stated, Cosner Investments recently asked the Board of Supervisors to waive the requirement for a public hearing, but the Board of Supervisors denied that request -- a public hearing will be required before the board decides whether to allow the developer to build apartments instead of condos. Read more from the Daily News Record from earlier this month... Read on for a reminder of some details of the condo community originally proposed by the developer. Here's where these condos (or apartments) would be located... Here is what the developer proposed as a site plan for the condo development... Here's what the buildings were to look like... "Specifically, Locust Grove Village will house no more than 86 individual condominiums containing a mixture of 1-, 2-, and 3-bedroom units. Units will be clustered into four buildings of 20-22 units apiece, with a majority of these units having a ‘townhouse' style and appearance. Building ‘corners' will be comprised of six condominium units served by a common entry and stairwell. Each pair of buildings will encircle a central green, with each townhouse-style condo having direct access through their own private courtyard. Half of the corner units will have balconies/courtyards that face the common green (interior), while the other half will face the exterior." "The central greens will be improved with tasteful landscaping (mixture of trees and shrubbery), paved walkways, a central gazebo, charcoal grills, and benches, intended to promote resident interaction and sense of community. If desired by residents, allowances will be made for community gardens, to be maintained by the residents themselves, and thereby promoting a sense of pride and ownership within the community. Pedestrian connectivity between the greens will be provided through walkways and a mid-block crosswalk through the parking area." | |
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Rockingham County Considers Adopting Stone Spring Urban Development Area Plan Into Comprehensive Plan |
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 The Rockingham County Planning Commission will meet tomorrow (Nov 19, 2019) at 6:00 PM in the Rockingham County Administration Center to discuss incorporating the Stone Spring Urban Development Area Plan (pdf) into the Comprehensive Plan. From the plan... The Stone Spring Urban Development Area Plan (Stone Spring UDA) creates a 20-year vision for the development of new walkable neighborhoods and infrastructure investments within four focus areas for growth. This map (from the plan) shows the four focus areas: Stone Port, Stone Ridge, Boyers Crossing and Crossroads...  Further... The Stone Spring UDA provides a blueprint for neighborhood development based on traditional town patterns, known as Traditional Neighborhood Development (TND). TND is based on the principle that neighborhoods should be walkable, achieved by compact, mixed-use development, with pedestrian-oriented development blocks that are sized for easy walking distance and characterized by an interconnected network of streets that are articulated with trees, on-street parking, and a variety of routes for vehicle traffic while facilitating walking, cycling and transit. The Stone Spring UDA Plan focuses on the physical form and massing of buildings—on scale, block size, and the relationship between building edges and the public realm. Here's an example of a potential neighborhood layout in the Boyers Crossing focus area...  And a conceptual layout for Stone Ridge...  A few screen captures don't do justice to this 106 page plan -- so download the final draft of the plan here and take a look through it. And if you live in or near the Stone Spring UDA - buckle up for even more growth in the area... | |
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Planning Commission Recommends Approval of 172 Unit Senior Housing Community (Crownpoint Independent Living) on Apple Valley Road |
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 A developer out of Williamsburg has requested that an 8.38 acre parcel on Apple Valley Road be rezoned to allow for the development of a senior living facility. The community would include 130 group home units (with 1-2 bedrooms) and 42 attached dwellings (duplexes or rowhouses) potentially as shown in the layout above. The group home units will be built as (2) three-story residential structures with a community building between them. Potential community amenities will include outdoor common areas, recreational activities, a dog area, a greenhouse, an electric vehicle charging station and more. The community will likely offer services such as housekeeping, a coffee shop, a hair/nail salon, fitness classes, etc. The living units in this development will be rented, not purchased, per the developer (Andy Piplico) and there will not be age restrictions but the average age of residents will likely be 84 years old. The Planning Commission voted 5-0 to recommend that this development be approved, and the Board of Supervisors will make that final decision in the near future. Read more about this proposed development: | |
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How Many Unrelated People Can Live In A Home In Harrisonburg |
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 It is a common misunderstanding that the zoning classifications can be interpreted as follows...
In fact, it doesn't work that way at all. So, how can we understand the limits of how many unrelated people can live in a property based on the zoning of that property? Below is a table of very helpful data -- tucked within the resource materials for the work session scheduled for tomorrow related to Short Term Rentals in the City of Harrisonburg. The same data can also be found, organized slightly differently, on the City's website here.  download a PDF that you can actually read, here This table outlines how many unrelated people can live in a home (detached home, duplex, townhouse, condo, etc.) in Harrisonburg based on the zoning of that property. Of note, there can be exceptions to these generalities -- based on a special use permit for a property, or if a property use is "grandfathered in" based on that use existing since before zoning regulations limited the use. But this is a very helpful starting point for understanding how many unrelated people can live in a property in the City based on the zoning of that property. | |
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83% of Harrisonburg Short Term Rental Special Use Permit Applications Approved |
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 The Planning Commission for the City of Harrisonburg will hold a work session on October 29, 2019 at 2:00 PM to discuss Short Term Rental regulations. You'll find the agenda here and one of the attachments (this one) provides a concise overview of the status of each property for which a property owner has applied for a special use permit to use their property as a Short Term Rental. There are a few properties still working their way through the process, but of the 33 properties listed on the summary sheet, 29 have had an outcome of some sort and I illustrated those outcomes on the graph above. A few observations...
It will be interesting to see if there are any adjustments to the regulations or process for applying and reviewing those applications. Stay tuned -- or attend the work session! | |
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How Should Vacant Land Be Developed In The City of Harrisonburg |
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 There are still vacant parcels of land in the City of Harrisonburg that might be developed in the future. Should all of these vacant parcels become student housing? Should they all be for detached homes? Should they all be for retail or professional office space? Clearly, no. As a part of the comprehensive planning process, the City of Harrisonburg develops a Land Use Guide that outlines how land in the City should be used. The Comprehensive Plan is developed over multiple years with many stakeholders, and is intended to be a vision for what the City would like to be in the future. As such, the Plan (and the Land Use Guide) are not regulatory documents that mandate particular uses of land -- but they are a guide that City staff and elected officials use as a reference point when making decisions. Read the Comprehensive Plan here. Download the Nov 13, 2018 version of the Land Use Guide here. Case in point -- the six-story mixed-use building approved last night on 6.6 acres on Reservoir Street. Let's dive into this as an example. As you'll see, the existing land use of the parcel is described as "vacant"...  And when we look at the current zoning, we find that it is zoned R-3, as with most of the surrounding property. This zoning classification allows for single family homes, duplexes or townhouses.  But things get interesting when we look at the Land Use Guide...  Here (above) you'll see that the Land Use Guide recommends that the front of the property be used for Mixed Use and the back of the property be used for Medium Density Residential. You'll see quite a few parcels along Reservoir Street with a Mixed Use designation, likely because Reservoir Street has become more and more of a thoroughfare for the City, with lots of townhouses (Avalon Woods, Breckenridge Court) and student housing (Charleston Townes) in that vicinity. Thus, the City (staff, elected officials, citizens who participated in the comprehensive planning process) thought that it would be reasonable (and best) for those parcels fronting on Reservoir Street to be used for mixed use development. In this particular example, though, things get tricky when considering the intended use and the proposed use from multiple perspectives. The property owner and intended developer of the property proposed that the entire property be used for a mixed use development with retail, office and apartments. This makes sense to them, I suppose, because the front of the property is supposed to be used for mixed use development. Many of the neighboring property owners would seemingly not like to see a mixed use development take place on this site. I suppose I can't ascribe anything particular to how those neighboring property owners would like to see the property developed -- because the main focus of their recent comments have been about how they do not want it to be developed. They don't think that a mixed use development should be approved for this entire parcel. This makes sense to them, I suppose, because the back portion (majority) of the property is intended to be used for a medium density residential development, and not a mixed use development. So, as you can see, the Land Use Guide can be a helpful tool for property owners and developers to use when they are considering ideas for developing land in the City -- though sometimes what "should be done" per the Comprehensive Plan and Land Use Guide is not entirely clear depending on the particular property. Last night, City Council approved the requests from the property owner to rezone the property and allow for the mixed use development to move forward. Read more about the nuances of that decision and discussion here... Daily News Record: City OKs Mixed-Use High-Rise The Harrisonburg Citizen: Council narrowly approves mixed-use development in Reservoir St. neighborhood | |
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Six Story Mixed Use Building Proposed on 6.6 Acres on Reservoir Street |
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 view as PDF Two parcels totaling 6.6 acres might soon be home to six-story mixed use building to include:
Here's a map more clearly showing the surrounding properties...  City staff recommends approving the development, noting that...
At the Planning Commission meeting, owners of some of the neighboring properties expressed concerns...
The Planning Commission recommended denial of three of the four requests from the developer. They recommended that City Council not rezone the property, not allow more than 12 units in a building on the property and not allow the building to be more than four stories or 52 feet -- though they did recommend that City allow non-residential uses in a building with R-5 zoning, though that would require the property to be zoned R-5. So -- City staff supports the proposed development and the Planning Commission does not. Next up -- City Council! When City Council met earlier this month they ended up holding off on a vote as to whether to allow for this development, since one of the members of City Council (George Hirschmann) was not present. They will meet today to review the requests again and to potentially vote on whether to approve them. | |
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What If You Could Build A Duplex On Every Single Family Home Lot? |
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 What if, on any single family home lot, you could build a duplex -- or even a townhouse! Would that help more affordable housing to be built? Would that upset existing single family home owners? Oregon is giving it a try! :-) From NPR... Some excerpts of interest follow...
Read the entire article for further commentary and perspectives... | |
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Thoughts and Questions on Short Term Rentals in the City of Harrisonburg |
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 More great reporting over at The Citizen about short term rentals...
And a few prior articles...
And to follow that recap, some thoughts and questions... Does approving a Short Term Rental remove a property from the local housing stock? Not really - or not most of the time? Most of the Short Term Rental applications have been from owners who live in their home and want to offer a portion of their home as a short term rental option. So - those properties aren't being removed from the local housing stock - the owners still live there. Further, the approval of a non owner occupied property as a Short Term Rental wouldn't remove a property from the "purchasable housing stock" since the owner is presumably currently renting it to a long term tenant. Technically, a property owner could decide to stop renting a house to long term tenants and start renting it only to short term tenants -- thus making it such that most occupants of the house would not be local residents, but just those passing through. In that situation it would, in some ways, be moving the property from the local housing stock to the "local hotel stock" - if that were a thing. This (converting a home from being occupied by the owner or a long term tenant to being occupied only by short term tenants) doesn't seem to be the majority of what is being proposed or considered - and my general sense (not scientific or data driven, I know) is that there is only so much of a market of would-be tenants for short term rental properties. If one hundred local property owners moved out of their homes, were approved to use them as short term rentals, and listed them on AirBNB, I don't think that all, or most or would be pleased with the rental demand from short term tenants. If one Short Term Rental is approved on a street or in a neighborhood will lots of other property owners follow suit and apply to become short rentals? Not really - or not most of the time? I think most folks who own and live in their homes in Harrisonburg enjoy living in their homes, probably by themselves. I don't think that the ability of one home out of 50 (in a hypothetical neighborhood) is going to cause more and more property owners to either take in short tenants to live with them, or to move out of their homes and start renting them to short term tenants. Will investors start buying up properties in Harrisonburg as short term rentals? Probably not, or not in large numbers? I don't think there is an untapped demand by short term tenants that would reward those investors with frequently rented short term rental properties. Yes, it is technically true that renting a property to 100 tenants for short terms instead of one tenant for the entire year is almost certainly going to be more profitable - but I just don't think there is that much demand by short term tenants. As a side note - there are plenty of localities where ordinances limiting short term rentals do not exist. I tend to think that investors would be more likely to invest in a property where short term rentals are not regulated before they'd invest in a community where there are somewhat restrictive regulations in place. Will the City's new Short Term Rental policy increase or decrease the number of City properties that are being used as short term rentals? To me, this is one of the more interesting questions. Property owners in the City have been operating short term rentals in the City for quite some time now (5+ years?) without actually having the legal ability to do so. Most of the concerns above seem to be regarding the hypothetical possibility that more and more and more properties will be come short term rentals. I tend to think that we won't see a large shift in the number of properties being used as short term rentals when comparing (for example) 2018 and 2020. Of the folks using their homes as short term rentals prior to these regulations:
Those four (non-exact, non-numerical) changes above would seem likely to result in a net decline in the number of short term rentals -- and moving forward, property owners would seem to be less likely to want to use their property as a short-term rental as there is now a higher barrier to entry in the form of an application fee and several months of processes and meetings. Should most Short Term Rental applications be approved? Not necessarily? City Staff, Planning Commission and City Council are looking at each application through many lenses to understand how each property being used as a short term rental would affect surrounding property owners, the neighborhood, etc. I think all of those property-specific perspectives are valuable and I am glad to see the thoughtful process being used for deciding whether to approve short term rentals. The broader thoughts of "maybe we shouldn't approve any or many short term rentals because of how it could have a large impact on our local housing market and housing stock" (my summary, not a quote) are a bit more difficult for me to agree with - at least given my understanding of the short term rental market as of today. Am I completely wrong to not be overly concerned about unintended consequences of approving many or most applications for short term rentals? Quite possibly! If lots of property owners decide they want to pursue using their property as a short term rental AND the City approves many or most or all of them AND there is an unexpectedly high demand from short term tenants -- then it is possible that there would be widespread negative unintended consequences. I'm not thinking this is likely - but I could be wrong. What are your thoughts? | |
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First Three Short Term Rentals Approved in Harrisonburg |
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 The City of Harrisonburg now regulates short term rentals -- and the first wave of applications have now made their way through the review process (City Staff, Planning Commission, City Council) and three properties have been approved by the City as short term rentals:
As context:
You can read more about this topic as follows...
As per the last article above... "All three permits were approved with conditions, including that the properties be the primary residence of the owner-operator, the owner-operator be present while renting out the space, and the owner-operator file a form guaranteeing that the "accommodation spaces" meet certain safety requirements, such as a door or window for immediate emergency exit to the outside." There are a pile of additional applications that will be reviewed over the next few months as we move towards August 1 when the enforcement of this new Short-Term Rental ordinance begins. | |
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Can Parents of JMU Students Buy Any House And Put Lots of Students In It? |
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 With great regularity, potential buyers (either investors or parents of JMU students) will ask if a single family home can be purchased and rented to a group of JMU students -- often an intended group of four or more students. I let them know that it will be no problem at all -- the adjoining property owners in the quaint neighborhood probably won't mind as long as the students aren't too bothersome -- and the City doesn't mind at all if their zoning ordinances are violated, so long as it's just "nice college kids".... WAIT! NOT REALLY! READ ON!!!! It seems that some buyers are really getting that feedback of "sure, it will be fine" -- though I'm not sure if they're getting it from their Realtor, or from someone else advising them in the transaction, or if they just aren't thinking about whether their planned use of a property is allowable. The REAL answer, and the feedback that I ACTUALLY provide to my clients is.... 1. We need to check to see how this property is zoned, and whether that zoning classification allows for that number of unrelated people to live in the property. 2. We need to check to see if there are recorded restrictive covenants for this neighborhood that restrict the number of unrelated people who live in the property. A few notes.... 1. Most single family homes in the City of Harrisonburg are zoned R-1 or R-2 and do NOT allow for three or more unrelated people (students or otherwise) to live in the property. 2. If a property has been used in a non-conforming manner (for example, four students living in it) since before the zoning ordinance was put in place, without a 24 month gap in the non-confirming us, it MIGHT be possible to continue to use the property in that non-conforming manner. And, if #2 above is starting to get confusing, then we arrive at my main reason for writing today.... CALL COMMUNITY DEVELOPMENT TO UNDERSTAND ALLOWED USE OF A PROPERTY! Yes, in fact, there are very helpful City staff in the Community Development department -- who can very quickly help you understand whether a property can be legally used as you intend to use it. And it is imperative that you make this call BEFORE you buy the property, and even BEFORE you make an offer on the property! | |
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Mixed Use Development Proposed on Peach Grove Avenue |
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 The Harrisonburg City Council will hold a Public Hearing on May 14, 2019 at 7:00 PM on a variety of topics, including the potential rezoning of land on Peach Grove Avenue for the development of "The Residence and Shoppes at Peach Groves". UPDATE: The applicant has tabled the request until May 28. The public hearing will not take place on May 14.  Here are some key points to know based on the information packet provided during the Planning Commission meeting in April.
If you want to provide input on this potential rezoning for this potential development, attend the City Council meeting on May 14, 2019 at 7:00 PM. UPDATE: The applicant has tabled the request until May 28. The public hearing will not take place on May 14. | |
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Operating a Short Term Rental in the City of Harrisonburg |
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 After quite a long time (over a year?) of debating different paths for regulating short term rentals (such as through airBNB) the City of Harrisonburg has finally made a decision and set forth their official regulations. Lots (and lots) of information is can be found here, but let's review some of the key points to remember:
Again, you can find much more information here as well as links to additional information to get you started with registering your Short Term Rental. One interesting part of this new requirement is that we're now seeing somewhat more clearly where these Short Term Rentals are being operated. These are the property owners that have applied for Special Use Permits thus far, with a public hearing on each of them scheduled for May 8, 2019. The packet of information with context for these five applications, and staff recommendations is here.
You can track public hearings here. | |
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Updated Urban Development Area Shows Current, Proposed Developments |
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 Take a close look at the updated Urban Development Area map for updates on current and proposed developments in Rockingham County's "Urban Development Area" just southeast of the City of Harrisonburg. Completed Projects:
Construction Underway:
Construction Pending:
Under Review:
Download a PDF of the map here. | |
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Senior Living Facility To Be Built at Preston Lake? |
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 It looks like the triangular-ish portion of the Preston Lake mixed use development shown below outlined in red may end up being a senior living facility instead of simply an apartment complex.  The details of what exactly that would mean are not clear -- perhaps there will be services and amenities geared towards seniors? The Rockingham County Board of Supervisors approved the developer's request to waive a public hearing for this change as the land was to be used for a 168-unit multi-family apartment complex and now will be used as a similarly (identically?) dense senior living facility. Read more in the DNR article or download the updated master plan. | |
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The Two Things We Might Mean By Affordable Housing |
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 "We need more affordable housing in our area." I hear it regularly, and perhaps you do as well. But I think it's worth pointing out that when people say this they might mean two very different things... When talking within the context of folks buying homes -- "affordable housing" often means homes in a price range that makes them affordable for first time buyers in our market. That could mean "under $150K" for some folks, or even "under $200K" in some situations. But wait -- is a home that can be purchased for $145K (for example) an affordable housing option for everybody living in our community? Nope! Not at all. There are plenty of folks who can't afford the accompanying monthly payment, or don't have a downpayment, or don't have money for closing costs, or who wouldn't have savings if a home repair became necessary in the first year or two of homeownership. So, it seems there is another thing we might mean when we say we need "affordable housing" in our community - and that would be rental properties with a low enough monthly rental rate to be feasible for low income earners in our area to still have decent housing options. I think it is important for elected officials and other City and County staff to be thinking about how decisions that are made and policies that are set can encourage the development of affordable housing - but we'll need to make sure we're all on the same page about what kind of affordable housing we're encouraging - and perhaps they need to be two completely separate priorities. Encouraging the development of affordable housing for renters and affordable housing for buyers -- for lack of any better way to express it. Anyone have other thoughts on how to best describe or name these types of housing and the need for them in our community? | |
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67 Four Bedroom Townhouses on Lucy Drive Instead of 107 Apartments, Retail, and Office Space? |
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 The owner of two parcels on Lucy Drive applied for a rezoning in mid-2018 to allow for a mixed use development that was to include (4) three to four level buildings with retail and offices on the first level and apartments on the upper levels. The (107) proposed apartments were intended to be (57) four-bedroom apartments, (37) three-bedroom apartments, (10) two-bedroom apartments and (3) one-bedroom apartments. That proposal was denied by City Council after 90 people showed up in opposition to the project. Now, the owners/developers are back with a new proposal -- 67 four bedroom townhouses.  Here's the full packet of information that will be considered by the Harrisonburg Planning Commission this evening, Wednesday, March 13 at 7:00 PM. This property is zoned R-3, which allows for townhouses to be built -- but the zoning ordinance requires that each townhouse lot have frontage on a public street, and the owner is applying for a variance to allow 32 of the planned 67 townhouses to not have frontage on a public street. Basically, if all townhouses need to have frontage on a public street, they could only build half as many townhouses. If the City allows them to have a private street for access to the townhouses they can build many more (67?) townhouses on the same amount of acreage. In the information packet linked above you'll note that City staff points out that there have been quite a few townhouse developments approved in the past 20 years with private streets -- but almost all of those variances that were granted were for subdivisions that were conforming to the Comprehensive Plan's Land Use Guide and planned densities - while this land is intended (per the Comprehensive Plan) for "limited commercial use". Bottom line - City staff is recommending that the request for the variance (and thus the preliminary subdivision plat) be denied. If the Planning Commission makes a decision as to a recommendation to City Council at the meeting this evening, this proposal will then go before City Council on April 9 -- without a public hearing, since it is a request for a variance, not a rezoning. Read the Daily News Record article (from yesterday) about this topic here. | |
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What To Do If A Rezoning Sign Shows Up Next To Your House |
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 OK. Let's brainstorm...
Yeah, probably none of those. Now, some real suggestions...
City of Harrisonburg Planning Commission website: Rockingham County Planning Commission website: | |
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49 More Detached Homes Coming To The Crossings |
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 The Crossings, a neighborhood of detached homes straddling the City/County line, will be expanding - from 35 homes to 84 homes - after a slight rezoning of the land by Rockingham County. The first phase of the neighborhood included 35 building lots, most of which have been built upon and the homes sold. The new phase will include 49 home sites, with 40 of them in the County and nine in the City. Here's the site plan for the new phase...  Here is a somewhat recent aerial view of the area -- from about two years ago -- when many but not all of the homes had been built...  Dick Blackwell with Blackwell Engineering works with the developer and indicated at the Board of Supervisors meeting that the houses will cost about $200,000. That does seem possible given recent sales at The Crossings, many of which have been close to $200K...  Looking a bit further at the metrics, we find that the median sales price of homes at The Crossings in 2018 was $226K...  After lots of news of new rentals, condos and townhouses, it's nice to hear that some modestly sized/priced detached homes will be built in the near future as well! | |
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Scott Rogers
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