County Planning Commission punts for now on new Rockland Road Industrial use project, and Short-Term Rental wave continues

An election of officers kicked off the first 2023 meeting of the Warren County Planning Commission on January 11 with Planning Director Matt Wendling chairing the first 10 minutes of the meeting.  Chairman Robert Myers was re-elected to that post along with Vice-Chairman Hugh Henry, Secretary Veronica Diamond, after which Director Wendling turned the gavel over to the newly re-elected Chairman.  Officers of the Commission are elected at the first meeting of each year.

Four of five County Planning Commission members await an election for new leadership (Commissioner Greg Huson was absent). The commission voted unanimously to re-elect the 2022 officers, Chairman Robert Myers, second from right, and Vice-Chairman Hugh Henry, second from left.

One member of the public spoke during the Public Presentations portion of the meeting.  Kathleen Mancini addressed the Commission with an impassioned plea regarding tree clearing operations on High Top Road in Linden.  She asserted that “logging operations” would strip the forests and destroy the landscape.  Vacant wooded lots in that subdivision are routinely cleared to the extent necessary to build homes.  In that immediate area, according to Warren County Records, there are approximately 10 vacant lots that could be cleared, and homes built there. Chairman Myers thanked Ms. Mancini for her input.

The Commission then turned its attention to the 10 public hearings on the agenda.

1. Rushmark Rockland Road, LLC has submitted a request to amend the Warren County Zoning Map and rezone approximately 1.9 acres from Residential One (R-1) to Industrial (I), to rezone approximately .18 acres from Residential One (R-1) to Commercial (C) , and to rezone approximately 68.25 acres from Commercial (C) to Industrial (I). The properties are located at 8561 Winchester Road in the North River district. The total acreage of the parcels is approximately 77.584 acres. Planning Director Wendling briefed the commission that the applicant’s stated intent to build 4 warehouse/distribution center buildings totaling nearly 986,000 square feet is a change from an earlier application that included a data center.  That request was withdrawn after the Board of Supervisors voted unanimously on January 3^rd to deny approval of a zoning ordinance change that would have permitted such uses by right.  See that story here.  Director Wendling said, however, that this request was not compatible with the land uses in the County’s Comprehensive Plan, and that to recommend approval, the Commission would also have to amend the Future Land Use map.  This parcel is the only remaining sizeable commercial property in the county, he said.

The applicant’s  representative Kevin Rivera gave an update briefing to the commission to summarize the project.  He reiterated that the Data Center proposal had been shelved due to the County Supervisor’s decision and that the 4 buildings proposed would meet the county’s objectives.  According to Mr. Rivera, this parcel has a “tortuous history”, having been zoned Commercial (C) in 2005 in the expectation of development as a shopping center.  Additionally, development is constrained by gas lines on the west side, high-tension power lines on the southeast sides, and the planned-but-not-constructed corridor road on the east side.  The proposal would not permit the further development of that corridor road.  He asserted that this proposal, which leaves a strip of commercially zoned property along Rockland Road for infill development, is the best opportunity for developing this parcel, and the development could begin promptly.

Kevin Rivera, representing Rushmark Rockland Road, LLC, summarizes a proposal to rezone a 77+-acre parcel at Rockland Road and Winchester Road to Industrial and Commercial zoning to build 4 buildings totaling 986,00 SF. The commission voted to table the proposal so more impact information can be gathered.

The public hearing yielded four speakers who all opposed the rezoning, citing the loss of wooded areas, contribution to sprawl, adverse impact on nearby residences, and fears that development would mean lost homes.  Glenn and Christine Himes decried the inevitable loss of privacy.

After the Public Hearing was closed, Chairman Myers asked the planning director about comments from the coordinating agencies.  Besides a preliminary comment package from Virginia Department of Transportation, comments have not been received from Town Public Works, Emergency Services, and Columbia Gas.  The chairman observed that being a taxpayer he appreciated the additional contributions to the County, “…but as a Planning Commission member, our focus is strictly land use and compatibility.”  He sympathized with the speakers who were concerned with noise and loss of privacy but reminded the audience that this property was zoned for a shopping center, and if that had been developed it would be just as noisy.

Vice-Chairman Henry expressed the concern that the corridor connector road, which previous developers of the parcels to the south had agreed to and proffered, would not be possible under this proposal.  He indicated he could not support the project without that connector road, at least to Rockland Road.  He indicated that he had no objection to that parcel rezoning, and that with proper screening and buffering, the residents behind the parcel could be protected, but the elimination of the corridor connector road was a deal-breaker for him.

Chairman Myers also brought up the subject of the aquifer under the parcel.  “We know that under this area is a huge aquifer, and the site has a lot of rocks.  We know that blasting has been known to lower a water table.  I’d like to see some geo-technical data about that.”

After some further discussion, the commission, on a motion by Commissioner Scott Kersjes, seconded by Vice-Chairman Henry, unanimously voted to table the application until all the agency comments and the site geo-technical report can be received and reviewed.

2. By the same logic, two other applications by Rushmark Rockland Road, LLC, a request for a conditional use permit (CUP) for a building in excess of 50,000 square feet to be located in the Route 340/522 Highway Corridor Overlay District, and a request to amend the Future Land Use Map in the Warren County Comprehensive Plan to designate the parcels as future Industrial (I) zoning, were tabled by the commission until the zoning application can be acted on.
3. Remo Kommnick has applied for a CUP for a short-term tourist rental for his property at 226 Judy Lane in the Shenandoah Farms Subdivision, Mountain Lake Section.  The property is zoned Residential (R-1) and located in the Shenandoah Magisterial District.  There were no speakers for or against the proposed use in the public hearing, and the Commission, on a motion by Vice-Chairman Henry, seconded by Commissioner Kaylee Richardson, unanimously voted to recommend approval.
4. Robert Chevez  has requested a CUP for a Short-term Tourist Rental for his property at 604 Windy Knoll Drive.  The property is zoned Agricultural (A) and located in the Shenandoah Magisterial District.  The dwelling meets the required setbacks and is not part of a POA/HOA.  There were no speakers either for or against the proposed use.  On a motion by Commissioner Richardson, seconded by Commissioner Kersjes, the Commission voted unanimously to recommend approval.
5. Gabriel Gaillard & Natasha Nyirongo-Gaillard have submitted a request for a CUP for a Short-term Tourist Rental. The property is located at 95 Pickford Court and is zoned Residential  (R-1) and located in the Shenandoah Magisterial District.  The property meets the setback requirements for this use.  The Property Manager, Stephanie Ost, told the Commission that she has agreed to manage the property for the applicants since they are overseas.  There were no public speakers for or against the permit request.  On a motion by Vice Chairman Henry, seconded by Commissioner Richardson, the Commission voted unanimously to recommend approval.
6. Nicholas E. & Cara S. Achterberg have submitted an application for a CUP for a Short-term Tourist Rental. The property is located at 671 Thompson Hollow in the South River Magisterial District. The property is zoned Residential (R-1).  There were no speakers for or against, and on a motion by Commissioner Richardson and a second by Commissioner Kersjes, the Commission voted unanimously to recommend approval.
7. Shenandoah Shores Management Group, LLC made a request for a conditional use permit for Short-term Tourist Rental. The property is located at 301 Rollason Drive. The property is zoned Residential (R-1) and located in the Shenandoah Magisterial District.  The applicant runs a concierge service transporting clients to various area attractions and seeks to add the short-term rental to his services.

Shenandoah Shores Management Group, LLC Owner Dederick Brooks briefs the planning commission on his plan for a Short-term Tourist rental at 301 Rollason Drive. The Commission voted on a split decision to recommend approval.

Zoning Administrator Chase Lenz told the commission that comments from the Shenandoah Shores POA had been requested, but nothing had been received.  The property does not meet the minimum 100-ft setback requirements of the Short-Term Rental ordinance, and the applicant is requesting a waiver.  The dwelling is 32 feet from the dwelling to the east, and 61 feet from that to the east.  The Planning Staff does not support the request, however the applicant provided letters from each of the property owners in question supporting the application.  Mr. Lenz also stated that another resident of The Shenandoah Shores Community had written a letter of concern about the parking on the property.  Several vehicles are in use for the concierge service.  The applicant told the Commission that he is in the process of moving the vehicles in question to another location.  There were no other speakers. The commissioners discussed the problem of granting waivers, particularly for those applicants previously denied. On a motion by Vice-Chairman Henry, seconded by Commissioner Richardson, the Commission voted 3-1 to recommend approval.  Yes:  Richardson, Henry, Kersjes.  No:  Myers. As an aside, Commissioner Kersjes recommended to the applicant that he have the two neighbors present when the Board of Supervisors considers the application for final approval.

8. Jose L. Canales has made a request for a CUP for Short-term Tourist Rental. The 2.8 acre property is located at 68 Skunk Hollow Lane. The property is zoned Agricultural (A) and located in the South River Magisterial District. The property previously was issued a CUP for a non-commercial Kennel, which has subsequently expired.  The applicant asserts that they purchased the property in November 2022 and intend eventually to farm the property and occupy it full-time.  In the meantime, they want to do a short-term rental.  It is not located in an HOA or POA.  There were no speakers either for or against the permit.  On a motion by Vice-Chairman Henry, seconded by Commissioner Kersjes, the Commission voted unanimously to recommend approval.
9. Natalya Scimeca is submitting a request for a CUP for a Short-Term Tourist Rental. The property is located at 1086 Lower Valley Road in the Fork Magisterial District and is zoned Residential (R-1). The applicant is also requesting a waiver to the 100-foot setback requirement since the property is 68 feet from the nearest dwelling to the southwest. The Planning Department received comments from the local HOA, and they anticipate no adverse effects from the use.  A letter of opposition to the permit was received by the planning department from the dwelling affected by the setback waiver.  In response to the letter, the applicant has retained local management expertise to assure tenants are properly vetted and that no large parties are allowed.  At the public hearing, two speakers addressed the commission.  Matt Spinks, who will be managing the property along with 8 other properties within a 5-mile span.  Kathleen Mancini reflected on her own experience next door to an Air B&B: “It’s been hell!” she offered.

The Commissioners discussed the problem of the specific property setback.  A consensus was that without supportive input from the affected property owners, a waiver could not be recommended.  On a motion by Vice-Chairman Henry, seconded by Commissioner Richardson, the Commission unanimously voted to recommend denial of the CUP request.  Vice-Chairman Henry recommended that the applicant should find some common ground with the neighboring property owner and obtain their support prior to the request being considered by the Board of Supervisors.

The Consent Agenda consisted of seven items submitted for an authorization to advertise for public hearings.

1. Dominik Golczewski – A request for a CUP for a Short-term Tourist Rental. The property is located at 398 Briar Lane in the Shenandoah Magisterial District. It is zoned Residential (R-1).
2. Vitaliy Hayda & Oleksandr Mokrohuz – A request for a CUP for a Short-term Tourist Rental. The property is located on Lot 17 (0) Bragg Drive and is zoned Residential (R-1) in the Shenandoah Magisterial District.
3. Thomas Ryan – A request for a CUP for a Short-term Tourist Rental. The property is located at 946 Wilderness Road and is zoned Residential (R-1) and located in the Happy Creek Magisterial District.
4. David Bediz – A request for a CUP for a Short-term Tourist Rental. The property is located at 303 Marino Lane in the Shenandoah Magisterial District and is zoned Residential (R-1).
5. Nathan L. Phenicie – A request for a CUP for Short-term Tourist Rental. The Agriculturally (A) zoned property is located at 1264 Freezeland Road in the Happy Creek Magisterial District.
6. Kari Meyer – A request for a CUP for Short-term Tourist Rental for a property at 121 Cheyenne Lane. The property is zoned Residential-One (R-1) and located in the Fork Magisterial District.
7. Matthew Williams & Jay Gilbert – A request for a CUP for Short-term Tourist Rental. The property is located at 12 Far View Lane in the Shenandoah Magisterial District The property is zoned Residential One (R-1).

Public hearings for these items will be held on February 15^th at the Warren County Government Center at 7 p.m.

The meeting adjourned at 9:10 p.m.