RICHMOND–The Planning and Zoning Commission updated road side sales regulations, discussed future action against negligent home owner associations, and considered how best to incorporate green spaces and bike trails into city planning, all during its regular monthly meeting last week.

Produce merchants and other seasonal vendors such as those who sell fireworks, have tended to set up in the parking lots of area shopping centers such University Shopping Center or Carriage Gate, all of which are zoned B-4 for planned shopping centers.

But until recently, the City code on road side vendors stipulated they operate only in areas zoned B-3 for highway business districts, as previously reported. 

Now, P and Z has brought code into alignment with reality, by unanimously voting to allow road side sales in areas zoned B4, although the Commission also voted to limit the duration of the roadside sales permit to 30 days. A vendor also can now apply for a permit four times within the calendar year. Previously, the public could only apply for a three-day or 21-day permit.

“We’ve got some flower sales out at the Richmond Mall [that] stay there for quite the duration,” the City's planning and zoning administrator, Kevin Causey, said in the meeting. “So, if we stick with a three-day or 21-day permit, it’s problematic.”

Commissioner Coy Perkins asked Causey to clarify a City code stating that “no merchandise or signs shall be displayed in any public way.”

The term “public way” refers to a “right of way,” such as a median, Causey said. Signs are permitted as long as they do not exceed 12 square feet, he added.

Commissioner Eugene Estelle also asked if a seller's 30-day permit applies to vendors who leave their tents up when they are not actively selling from them.

The tents must be taken down after the permit expires, Causey said. Sellers can negotiate with the respective shopping center managers to store the tents onsite, City Attorney Chris Johnson added.

“These are temporary roadside vendors, and [the permits] would be for a temporary basis,” Johnson said.  

HOA receivership authority 

The Planning Commission also discussed what to do when home owner's association is not fulfilling its maintenance obligations.

“We have a lot of very good homeowners associations,” Johnson told The Edge in an interview after the meeting. “But from time to time you’ll have a situation where there are issues with property upkeep for common areas, playgrounds, walking trails, maintenance, and then the management company changes its name or all of a sudden you can’t find those people.” 

State statute allows the City to pursue litigation against a dormant or defunct HOA by asking for a court appointed receiver to act on behalf of the HOA. In that case, the City’s legal costs would be reimbursed by the receiver. However, finding a representative willing to act on behalf of the HOA is not always possible, according to Johnson.

Estelle said he's received complaints about lack of landscaping upkeep at the Ash Park Apartments on Windward Way. Residents there have tried unsuccessfully to reach the property owners, he said. Johnson recommended the residents contact him at City Hall, as the law applies to their situation.

With HOA's in mind, Causey asked the Commission to call a special meeting on September 30 to discuss recreation landscaping, green space requirements, and bike trails in the City, saying "now is a wonderful time" to create a cohesive vision.

Estelle said the bike trail that had been planned for the Carriage Place development was never developed.

The cost to upkeep recreational and other green spaces can be prohibitive for HOAs, Causey said, which is why he wanted a meeting to address the issue.