County Supervisors are Unanimous in Approving 13 Permitting, Rezoning, and Code Amendment Public Hearing Requests

At 7 p.m., a half-hour after its 90-minute Joint Budget Committee work session with Warren County Public Schools officials, the county’s Board of Supervisors tackled a Special Meeting agenda including 13 public hearings on a variety of permitting or zoning requests. Following are the staff agenda summaries of those requests, some public hearing discussions, and the board’s action.

The county board of supervisors gets down to business as it faced 13 public hearings among other business, the evening of Tuesday, March 12. Royal Examiner Photos Roger Bianchini

Board of Supervisors Public Hearings

6. Public Hearing: CUP2024-01-05 – Plein Smith Ventures, LLC – A request for a conditional use permit for a Contractor Storage Yard. The property is located at (0) Baugh Drive and identified on tax map 5C, lot 6. The property is zoned Industrial (I) and located in the Stephens Industrial Park and the North River Magisterial District. – Matt Wendling, Planning Director

On motion by Supervisor John Stanmeyer, 2nd by Vicky Cook, the board began its run of unanimous 5-0 votes of approval, w/ conditions as cited by staff.

56. Public Hearing: Z2023-08-02 – Short-Term Tourist Rentals – Warren County Planning Staff – A request to amend Chapter 180 of the Warren County Code to amend §180-56.4 to modify the supplementary regulations for Short-Term Tourist Rentals. – Chase Lenz, Zoning Administrator

Despite a lengthy questioning of the staff-forwarded proposal by Supervisor Cook related to the board’s ability to objectively consider situational variables in granting waivers on permitting parameters, after hearing from four public hearing speakers, at least three tied to various county property owners associations, in favor of the proposed amendments, the staff-suggested code amendments were unanimously approved on a motion by Vice-Chairman “Jay” Butler.

1. Public Hearing: CUP2024-01-01 – Vesta Property Management (40 Acre Wood, LLC) – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 357 Stokes Airport Road and identified on tax map 18, lot 74A. The property is zoned Agricultural (A) and located in the Lasta-Holdings LLC subdivision and in the Fork Magisterial District. – Chase Lenz, Zoning Administrator

After hearing from applicant John Videro, on a motion by Richard Jamieson, the permitting was approved unanimously with the conditions as recommended by planning commission and staff.

20. Public Hearing: CUP2024-01-02 – Gregory & Margo Steadman – A request for a conditional use permit for a Guesthouse. The property is located at (0) Knock Lane and identified on tax map 10P, section 4, lot 20. The property is zoned Agricultural (A) and located in the Gafia Estates at Lake John subdivision and in the North River Magisterial District. – Chase Lenz, Zoning Administrator

With conditions prohibiting renting the guest house for profit, on a motion by Jamieson, second by Cook, the permitting was approved unanimously. There were no speakers at the public hearing.

3. Public Hearing: CUP2024-01-03 – Kenny & Sylvia Day – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 628 Harmony Orchard Road and identified on tax map 38C, section 1, lot 3. The property is zoned Agricultural (A) and located in the Harmony Hollow Association Inc. subdivision and in the South River Magisterial District. – Chase Lenz, Zoning Administrator

On motion by Santmeyers, 2nd by Cook, unanimously approved, again after no speakers at public hearing.

County Zoning Administrator Chase Lenz and Planning Director Matt Wendling were busy presenting background on a number of the public hearing permitting and rezoning requests.

1. Public Hearing: CUP2024-01-04 – Jacquelyn Gunn – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 1754 Khyber Pass Road and identified on tax map 23A, section 9, block 35, lot 55A. The property is zoned Residential-One (R-1) and located in the Skyland Estates subdivision and in the Happy Creek Magisterial District. – Chase Lenz, Zoning Administrator

On a motion by Butler, second by Jamieson, the permitting was unanimously approved.

1. Public Hearing: CUP2023-05-04 – David A. Downes – This is a re-submission request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 125 Freeze Road and identified on tax map 23C, section 2, block 2, lot 168A. The property is zoned Residential-One (R-1) and located in the Mountain View Section of the Shenandoah Farms subdivision and the Shenandoah Magisterial District. – Matt Wendling, Planning Director — Wendling explained that previously the application was not approved due to the applicant not having the legal work in place to represent the property owner, a minor living overseas. That has since been corrected, with Mr. Downes having the necessary legalities taken care of so that he may manage the property for the minor owner until they come of age.

Downes addressed the board about the dilemma he faced in representing the child of a friend who had passed away left the property here to their minor child. On a motion by Cook, the permitting under the directorship of Mr. Downes was approved unanimously.

5. Public Hearing: R2023-12-01 – Foresight Design Services – A rezoning application to amend the Warren County Zoning Map to rezone a 5.04-acre parcel from Agricultural (A) to Commercial (C). The property is located at 99 Cedar Park Court and identified on tax map 12E as lot 6. The property is located in the North River Magisterial District and the proposed by-right land use is for a hotel/motel and future restaurant. The future land use zoning map in the Comprehensive Plan is shown as Commercial zoning for this property. – Matt Wendling, Planning Director

In the first of two related public hearings concerning the planned development of a hotel in an area earmarked for commercial development in the County Comprehensive Plan, the board heard from, first, Foresight Design Services engineer John Neil, representing the property owner. Then they heard from one of five neighboring home property owners. That neighboring homeowner, Ron Clatterbuck, told the board that at age 62 he was the youngest of the neighboring homeowners, whom he said he was speaking for as a group. He worried over a devaluation of all the residential properties near the planned five-story hotel and asked if the board could prove its stated concern for its citizens by offering some mitigation to help the neighbors sell their properties at a reasonable price and allow their relocation out of the newly developing commercial landscape.

Ron Clatterbuck spoke for himself and four other residential property owners adjacent to a planned 5-story Holiday Inn Express hotel on what was Agriculturally zoned property in an area the County Comprehensive Plan has earmarked for future commercial development. That rezoning allowing that projected commercial development has had a devastating impact on those neighbors residential property values, Clatterbuck told the supervisors. Can the board help mitigate those negative impacts, Clatterbuck asked. Assistance options were discussed and will be explored by county staff.

After acknowledging the plight of the nearby homeowners described by public hearing speaker Ron Clatterbuck, and offering to explore County help, possibly through property sales marketing assistance as a combined potential commercial development property through the County-overseen FR-WC EDA, on a motion by Cook, and second by Jamieson, the rezoning was approved on a 5-0 unanimous vote by the board.

6. Public Hearing: CUP2023-12-03 – Foresight Design Services – A request for a conditional use permit for a Building Height in Excess of 40’ within the Highway Corridor Overlay District and Commercial zoning district for a proposed building height of 62’. The property is located at 99 Cedar Park Court and identified on tax map 12E, lot 6. The property is zoned Agricultural (A) and located in the Vernon L. Kemp subdivision and in the North River Magisterial District. – Matt Wendling, Planning Director

Other than Foresight Design engineer Neil, addressing the board and responding to questions, there were no speakers at this public hearing. Neil explained the business parameters leading to the decision to build to five stories, rather than four. And he identified the planned hotel as a Holiday Inn Express. Noting Neil’s comment that the applicant and property owner wanted to be “a good neighbor” to the county and the project’s neighbors, Supervisor Jamieson drew some laughter with a question for Neil: “Do you want to buy their property?” And while the engineer could not commit to such good neighborliness, with the proffers offered to try and minimize direct physical impacts on those neighbors as construction proceeds, on a motion by Cook, second by Butler, the permitting was unanimously approved.

1. Public Hearing – Lease Agreement of Hangar A2 to Edward Carroll – Jane Meadows, Deputy County Administrator, Mike Berry, Public Works Director

On a motion by Jamieson, the lease at a price of $350 per month, was unanimously approved.

1. Public Hearing – Lease Agreement of Hangar B12 to Kirk McComas – Jane Meadows, Deputy County Administrator, Mike Berry, Public Works Director

On a motion by Butler, approved unanimously, also at a monthly rental of $350.

1. Public Hearing – Lease Agreement of 201 East 2nd Street, Front Royal, VA 22630, The Chamber of Commerce of Front Royal and Warren County – Mike Berry, Public Works Director and Jane Meadows, Deputy County Administrator

This rental arrangement between the County and the FR-WC Chamber of Commerce was approved by a unanimous vote on a motion by Butler, second by Jamieson, at a price of $1400 a month.

1. Public Hearing – Storage Yard Lease – Jason Ham, County Attorney

This lease arrangement was approved unanimously at price of $3,000 a month, effective April 1. The motion was by Jamieson, second by Butler, concluding the run of 13 public hearings.

VPSA Spring Pool Bond Refunding

The meeting opened with discussion of how to proceed this spring on a Special Obligation School Financing Bond that the County and School Board are involved in through the Virginia Public Schools Association.

1. 2024 VPSA (Va. Public Schools Association) Spring Pool Refunding — School Board approved their Resolution last week

As the Agenda Packet staff summary explains:

In November 2014, the County issued its Virginia Public School Authority (“VPSA”) Special Obligation School Financing Bonds, Warren County Series 2014 (the “2014 Bonds”) totaling $42,440,000 through the public markets. The County previously refunded the 2026, 2029-30, and 2034-39 maturities through VPSA for debt service savings.

–The remaining 2014 Bonds eligible for refunding are as follows:

• Maturities: 2025, 2027 –2028, and 2031 –2033
• Par Amount: $11,020,000
• Interest Rates:3.0% -5.0%
• Call Date:7/15/2024

The staff summary continues: “The County may have an opportunity to refund the remaining callable 2014 Bonds on a Tax-Exempt basis through the 2024 VPSA Spring Pool issuance to achieve debt service savings. Should the County decide to pursue the potential refunding (subject to certain parameters being met), VPSA requires approval from the School Board by 3/14/2024 and from the Board of Supervisors by 4/3/2024. Attached is the School Board approval. The deadline to withdraw from the VPSA Spring Pool is 4/22/2024.”

Following a presentation by a consultant Davenport company representative explaining the target return parameters of the joint bond issues, on a motion by Jamieson, second by Cook, the board unanimously authorized Chairman Cullers to move on the bond reissue if target interest parameters were reached by the call date. Mr. Jamieson prefaced his motion by noting that the board was not voting on authorizing the transaction, only allowing its chairman to act within the prescribed parameters if they are met.

1. Consent Agenda

Under New Business the board approved an 11-item Consent Agenda, including authorization to advertise for 9 coming public hearings. One item, number 5, was removed by Ms. Cook for discussion. After that discussion revolving around a $308,200 transfer from the Public Schools Capital Reserve Fund to enable payment for coming work, appearing to be the E. Wilson Morrison Elementary School multi-purpose room or “gym-atorium” as it has been referenced, on a motion by Cook, second by Butler, that item too was unanimously approved.

For those interested in coming business that will soon be before the supervisors, the Consent Agenda topics were:

1. Authorization to Advertise for Public Hearing: CUP2023-12-02 – Catholic Diocese of Arlington – A request for a conditional use permit for a Church. The property is located at (0) West Criser Road and identified on tax map 28, lot 128. The property is zoned Agricultural (A) and located in the Criser Road LLC – Eastham subdivision and in the South River Magisterial District. – Chase Lenz, Zoning Administrator
2. Authorization to Advertise for Public Hearing: CUP2024-02-01 – David Kamminga (Hill of Beans, Inc.) – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 331 Pomeroy Rd. and identified on tax map 38A, lot 4. The property is zoned Agricultural (A) and located in the Harmony Hollow subdivision and the South River Magisterial District. – Chase Lenz, Zoning Administrator
3. Authorization to Advertise for Public Hearing: CUP2024-02-02 – Michael & Jean Adair – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 327 Twin Oaks Dr. and identified on tax map 35, lot 12F2. The property is zoned Agricultural (A) and located in the Thomas Sawner subdivision and the South River Magisterial District. – Chase Lenz, Zoning Administrator
4. Authorization to Advertise for Public Hearing: CUP2024-02-03 – Kayla James (2207 Marys Shady Lane, LLC) – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 2207 Marys Shady Lane. and identified on tax map 20, lot 28D1. The property is zoned Residential-One (R-1) and located in the Leadman subdivision and the Shenandoah Magisterial District. – Chase Lenz, Zoning Administrator
5. Warren County Public Schools – Appropriation from School Capital Reserve Fund – Christopher Ballenger – (As noted above, removed for discussion and approved separately)
6. Fire and Rescue – Pumper Tools and Equipment Acquisition – Gerry Maiatico, Assistant Fire Chief
7. Authorization to Advertise for Public Hearing – Lease Agreement – Front Royal Little League use of Champs 53 Field Complex – Dana Winner, Office Manager, Jane Meadows, Deputy County Administrator , Dan Lenz, Parks and Recreation Director
8. Authorization to Advertise for Public Hearing – Lease Agreement – Little League Complex License Agreement with Front Royal Little League – Dana Winner, Office Manager, Jane Meadows, Deputy County Administrator , Dan Lenz, Parks and Recreation Director
9. Authorization to Advertise for Public Hearing – Lease Agreement – Front Royal Soccer Association – Dana Winner, Office Manager, Jane Meadows, Deputy County Administrator , Dan Lenz, Parks and Recreation Director
10. Authorization to Advertise for Public Hearing – Lease Agreement – Warren County Girls Little League Softball Association – Dana Winner, Office Manager, Jane Meadows, Deputy County Administrator , Dan Lenz, Parks and Recreation Director
11. Authorization to Advertise for Public Hearing – Lease Agreement – Front Royal Midget Football – Dana Winner, Office Manager, Jane Meadows, Deputy County Administrator, Dan Lenz, Parks and Recreation Director

The meeting adjournment came at 9:51 p.m.

Click here to watch the Warren County Board of Supervisors Work Session of March 14, 2024.