Members say action shows ‘here are things we value’
By Randy Arrington
LURAY, March 10 — Luray Council adopted a resolution Monday night that has been a long time in the making, but still marks the beginning of the process.
Ever since applications for short-term rentals began to rise in recent years, council members have heard various concerns from their constituency. The Town — at both the planning commission and council levels — has reviewed zoning ordinances, considered various restrictions, held closed meetings to consult with counsel, and held public hearings to solicit input from residents.
Now, they have a document that shows “here are things we value.”
“It’s not binding, but it allows us to telegraph to people our priorities…a lot of work has gone into it,” Councilman Alex White said during Monday’s regular meeting. “It shows people we have done all we can on this within the bounds of reason and consensus.”
Although short-term rentals occupy a small percentage of Luray’s overall housing market — around 5 percent, give or take — the subject has occupied a lot of discussion by council members and local residents due to its rapid rise. The majority of Council seemed to feel that Monday’s resolution on the evaluation of lodging house permits showed residents, developers and those regulating the Town’s guidelines, exactly what they wanted — and, more importantly, what they might approve.
“Again, it’s not binding, but it kinda shows ‘here are things we value,'” Councilman Jason Pettit said during Monday’s discussion. “It’s kind of a statement of principles…shared principles.”
However, that approach — outlining specifically what the Town might approve — is a dangerous one, according to local attorney and new council member, Chuck Butler. A similar argument was made among Page County officials during the two-year discussion over drafting a solar ordinance.
“I agree with a lot of what’s in here, but I just don’t think we should pass it as a council,” Butler said on Monday. “It leaves us at risk.”
Butler stated that if a developer meets all of the requirements listed, then it could potentially leave the Town open to a lawsuit if they deny the application. Again, the exact same consideration was discussed at the county level, with regard to industrial solar developers during the development of a solar ordinance. Some felt, like Butler, that by not defining the potential future projects so specifically, it allows the governing agency more flexibility in denying a project without potential legal retribution. In other words, simply judge each application on a case-by-case basis under the current language in the code.
Butler served as the only dissenting vote, as the lodging house evaluation resolution passed, 4-1. Newly appointed council member (and former mayor) Jerry Dofflemyer was not present at Monday’s meeting.
The majority of the council felt the resolution was “still subjective” and “did not state specific numbers,” as noted by Councilman Ron Vickers. While there is no specific scoring scale, council members hoped the document’s guidelines would “promote consistency in the evaluation process” of applications for lodging homes, or short-term rentals.
“In considering a special use permit application, the planning commission and town council may consider the following factors along with any other appropriate land-use considerations:
- The potential neighborhood impact based upon the current use of adjoining parcels, setbacks from structures on adjoining parcels, existing noise levels in the area, and the nature and extent of any renovations proposed by the applicant.
- The presence, location, and numerosity of other lodging houses on the same street and/or within the same neighborhood.
- The current, historical, and potential uses of the subject property.
- The ability of applicants to respond to and address issues arising on the subject property in a timely manner.
- The applicant’s history of compliance or noncompliance with land use restrictions and other relevant legal obligations.”
The resolution the Luray Council adopted on Monday night serves to initiate the process for potentially amending the Town’s zoning ordinance — specifically, Appendix A, Article V, Section 519. The Council’s resolution on evaluating lodging home applications will now be referred to the Luray Planning Commission “for public hearing and recommendation” of whether the new language should be incorporated.
Monday’s resolution clearly states why the Council felt more specific language was needed in the Town’s zoning regulations with regard to lodging homes.
“WHEREAS, the Town Council has determined that convenience and good zoning practice require amending the Town’s zoning regulations to include a non-exhaustive list of criteria that may be utilized for evaluating applications for special use permits for lodging houses,” the document states.
The issue will now come before the planning commission for review and discussion.
For more information on the Town of Luray,
visit https://www.townofluray.com/
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I got an idea. How about the government gets out of the business of telling citizens what they can and cannot do with their property as long as what they do with that property doesn’t negatively impact their neighbors? Seem like a good idea?
Jeff, short term rentals do hurt their neighbors and everyone in the community by contributing to the inflation of housing prices. Great if ypu own a house, not so great if you want leave your apartment to settle down in your own home
Kyle, fair point but you’re arguing for government intervention into my life so you can buy a house. How’s that even remotely fair? It’s just another form of redistribution of wealth. Let the market drive things.
Jeff, I already own property here, so its not that I personally can’t afford a home here, but I hate the prospect of families that may want to purchase one being unable to because some developer has converted all the single family starter homes into Air BnBs for a quick buck. I do agree with Robert about making it easier and quicker to construct SFHs to increase supply though.
Kyle, but that’s not what has happened. It’s actually a fairly simple solution. Keep your credit good, pay your bills on time, save some money, and you can buy a house in Luray. It’s really not that hard.
Just make it easier to build more houses and keep the supply up and prices down that way. But at the other end, higher house prices could be another form of segregation to keep people away who haven’t managed their lives very well enough to afford to buy a house. The supply of those kinds of people is increasing, so demand for rented space will increase those prices, creating a barrier that way too. Then “equity” comes from ripping off the government by people who add no value to anything.