Planning Commission Concurs With Citizen Concerns About Terms for Future Industrial Land Use on County’s North-Side

Following an approximate 10-minute personal time break after 3-hours-and-11-minutes during which 11 Public Hearings and resultant commission conversation and votes were conducted at its 7 p.m., Wednesday, January 8th meeting, the Warren County Planning Commission faced its 12th and final public hearing of the evening.

Despite an 8-1 public request margin for denial of their Short-term Rental application by neighboring property owners, including the president of the local POA, largely based on negative Short-term Rental stereotypes, applicant Jessica Young and husband received a unanimous vote of approval for their CUP application based on the staff and commission acknowledgment that their application was “compatible with the current Warren County Zoning Ordinance and Comprehensive Plan” for a by-right use by CUP for the property. Royal Examiner Photos Roger Bianchini

Rather than another permitting or rezoning request for various uses from Short-Term Rentals, establishment of varous-use privately-owned facilities, or Rural Resort Center operations, Public Hearing number 12, convened at the 3:11:50 mark of the Linked County video, was for a recommendation on forwarding of a draft of the County Comprehensive Plan update and proposed revisions to the county’s elected officials for final consideration and adoption.

The long-term implications on the developmental future of Warren County, particularly in the Rockland area and northward, drew a series of cautionary comments from some prominent county citizens (beginning at 3:30:53 mark of Linked County video). In order of appearance for their 3-minute time-limited comments, those nine speakers included Dr. Tom Pattison (3:30:53), Mark Rockefeller (3:34:23), Jeff LeHew (3:37:55), Nathan Evans (3:41:2), Judith Canterbury (3:44:00), Walt Mabe (3:45:57), Audie VonGontard (3:49:30), Kris Anderson (3:52:15), and Raymond Heflin (3:55:20).

County Planner Kelly Wahl gave the staff summary of the Comprehensive Plan revisions topic, which included changes made in the wake of a 2024 November 12th joint work session and community outreach effort, and a November 13th public hearing.

County Planner Kelly Wahl and Zoning Administrator Chase Lenz handled the bulk of staff summaries on Short-term Rental permitting and other property usage requests

“Since the 2024 November meetings the Comprehensive Plan has been updated to reflect the changes recommended by the Planning Commission, Board of Supervisors, and the public. An itemized list of these changes has been included in the agenda packet,” Wahl told the commission, observing that the County GIS Coordinator had made corresponding amendments to the Future Land Use maps in the updated revision.

Wahl noted that there were three options submitted for commission consideration to recommend forwarding to the county supervisors for final approval, elaborating on those options (3:13:33 video mark) including the addition of Agriculturally-zoned properties of over 3.5 acres and an adjusted land use map.

A front page on the Planning Commission’s perspective and the Comp Plan update and revision’s intent was found on a “Chapter Summary” page (p 409) in the 760-page agenda packet at the end of a 4-page description of “Goals and Objectives” and “Implementation” (pp 406 to 409):

CHAPTER SUMMARY

“This chapter discusses the characteristics of the County’s air, land, and water. It describes some of the important reasons for protecting the natural features which contribute to Warren County’s environmental quality. Goals and objectives are identified for preserving environmental quality. The recommendations should achieve the County’s goals and objectives.

“In summary, Warren County’s environmental attributes strongly influence the area’s quality of life and property values. The environment must be evaluated in terms of the potential impact upon the community’s daily activities, standard of living, and rural character. Environmental resources should be protected for both individual property interests and collective taxpayer investments. Warren County’s environmental quality is one of the factors which makes the area such a desirable place to live and work. The intent of County environmental protection measures is not to stop development, but rather, to manage development, thereby ensuring development compatibility with the continued productivity and environmental protection of air, land, and water.”

And boy, were most of the Public Hearing’s speakers about to reinforce that perspective.

Public Speakers

Leading off the public hearing speakers, Dr. Tom Pattison was the first (3:30:53), if not last, to suggest that industrial and commercial development be kept to the South of The Family Dollar Distribution Center at Fairgrounds Road, and the property to the north of that site remain Agriculturally zoned. He pointed to the large underground rock formations so prevalent in the area and extending northward having to be blasted in the past to facilitate development. He noted that the blasting for Family Dollar years ago had cracked the foundation of his Ashby Station Road home, for which he had to pay out of his own pocket to be repaired.

He pointed to historic property structures in the area that could be negatively impacted, not to mention other residentials like his, from the amount of blasting likely necessary to facilitate additional Industrial and Commercial development in the area.

First two batters to the plate, I mean the podium, on Comp Plan revisions were Dr. Tom Pattison, above, and North Warren Citizens Alliance co-founding member Mark Rockefeller. The two set the tone for those who followed also seeking a hold on Rockland and northward rezoning to facilitate future Industrial and Commercial development.

Following Dr. Pattison to  the podium was Mark Rockefeller (3:34:23), also of Ashby Station Road, if more recently than Pattison’s arrival some 45 years ago. “I’m here to ask the commission to recommend against anything that involves the expansion of Industrial Zoning north of Family Dollar,” he told the Commission in opening. Noting that he and his wife had moved here last summer with their children to get “some dirt under their fingernails” and start a family farm. Preliminary to their move, they researched existing zoning and the then-redeveloping County Comprehensive Plan, and spoke to established local residential property owners in the area.

“Everything told us, everything, Industrial zoning would never ever go north of Family Dollar, ever … You can imagine our surprise then in October when the 141 acres north of Family Dollar was listed for sale as Commercial or Industrial for $9.1 million dollars. That’s three-and-a-half times its appraised value,” Rockefeller pointed out to the commission, adding, “How could this be? It was clearly Agricultural land, it was zoned Agricultural at the time.”

After communicating with area neighbors, Rockefeller noted they got together to start the North Warren Citizens Alliance and began further research into the situation.

“What we found was very troubling,” Rockefeller continued, noting he had sent emails to the Commission the previous day outlining the Alliances discoveries and including a “number of questions that clearly have to be answered before you can address this issue; questions such as:

“Did the sellers of that parcel know, did they have advance notice from this Commission or someone on the staff that it was going to be rezoned, proposed as Industrial?” Rockefeller asked rhetorically. He additionally wondered if such communications between any County officials involved in the Comp Plan update review and approval process and private-sector people or groups had occurred, why wasn’t that information shared with the North Warren Citizens Alliance, who had filed FOIAs (Freedom Of Information Act) requests for any relevant info on the early passing on of such changes being targeted as part of the Comp Plan review and update.

Noting he is a military veteran and “former federal prosecutor”, Rockefeller, without accusing anyone present of wrongdoing, observed of the scent of private sector property listing at Industrial zoned prices for an Agriculturally zoned property last year, “This wreaks to high heaven. So, we’re going to keep digging. We’re going to figure out what’s going on. He continued noting Alliance contacts with lawyers, environmental and land-use consultants, and historians, adding pointedly, “We’re ready for a fight.”

But rather than a fight, he suggested, “You have to table this and let the process run its course. It is too early to make a decision on this,” he concluded just after his 3-minute timer began chiming.

One of the most interesting public comments came from Jeff LeHew (3:37:55 video mark), heir to the family name credited historically as Front Royal’s founding family. LeHew pointed out that he had lived for 30 years on the 141-acre Home Farm property. It is the parcel Mark Rockefeller had observed had been put on the market recently for $9.1 million as Industrial property, while zoned Agricultural.

LeHew observed from his 30 years living on the property that he may know it better than most, if not all people. “It is nothing but rocks. You have to weed-eat that farm if you’re going to mow it, all 141 acres,” he observed. “There are a lot of reasons that I personally would like to see you all leave that out of the (rezoning) plan. I realize these are hard decisions to make, I know Matt works very hard at it,” he said with a nod County Planning Director Matt Wendling’s way.

LeHew noted that unlike the land Family Dollar is on, which he observed is very flat, allowing the company to do an excellent job in visually screening its presence, the Home Farm property is often very steeply sloped, making screening difficult, if not impossible.

After having lived on a 141-acre Agriculturally zoned property for 30 years that was put up for sale last year at an Industrially zoned price, Jeff LeHew concurred with speakers suggesting it not be re-zoned Industrial. He cited physical factors including steep slopes that would prevent visual screening and a huge amount of underground rock very close to the surface of the property.

“When you’re coming into Front Royal, the gateway from the north to Front Royal from Clarke and Frederick County, you come down the hill from Max’s roller rink, and all you see is our beautiful county, unless we put industry there. Then you’re going to be looking down on concrete and steel. And there’s no way to hide that,” LeHew assured the commission.

In closing, LeHew made a final point against industrialization of the north corridor beyond the Fairgrounds Road Family Dollar distribution facility. “The Rockland community worked very hard keeping industry from crossing Fairground Road for a long time,” he began as his three-minute timer sounded. Quickly he added, “We conceded the Family Dollar because you promised that was it. That’s as far north as we’d go.

“I see no reason to break that promise today,” LeHew concluded.

From a different perspective, final speaker Raymond Heflin (3:55:20 video mark) wondered about pending changes impacting the “approximately 450 acres” he is involved in being removed from Industrial zoning to Residential.

“How could the 441 acres that’s in the Comprehensive Industrial then with a planning hat become totally Residential?” Heflin asked the commission, adding, “So, my message to you is to keep the plan the way it was, keep our land in the Comp Plan as Industrial with no changes. We have a pending application, we’ve been through the Commission, unanimous to support. And our application is pending with the board,” he noted in conclusion.

See remaining speakers Nathan Evans (3:41:23), Judith Canterbury (3:44:00), Walt Mabe (3:45:57), Audie VonGantard (3:49:30), and Kris Anderson (3:52:15), at the refenced linked video marks.

Commissioner Response

With the public hearing closed with no additional speakers, Vice-Chairman Hugh Henry began the discussion, stating, “Well, I’d indicated at the end of the last meeting that I was in support of the way it was before, which would be Option 3,” noting he had been an advocate of that course for “a while”.

The commission then engaged in additional discussion about the specific property situations cited by speakers, and whether it would be best to table a vote on a final recommendation with additional details to be ironed out. However, a consensus was reached with staff assistance that those details on remaining as currently zoned for the 441 acre parcel and other variables could be accomplished at the next level public hearing prior to the decisive board of supervisors vote.

The County Planning Commission consensus was in line with public speakers seeking to keep Industrial and Commercial zoning south of Fairgrounds Road and the Family Dollar distribution center. They forwarded a recommendation of approval of Option 3, which would keep north-side zoning as it currently is, and hold to the past promise of county officials that Industrial and Commercial development will be kept south of Fairgrounds Road.

That settled Chairman Myers called for a motion (4:23:05 mark). Scott Kersjes responded: “I move that the Planning Commission adopt the Resolution approving recommending the 2024 Comp Plan with Option 3, for the proposed land use map and for the copies for 2024.” Following a second from Vice-Chair Henry, the motion was approved unanimously on a voice vote.

Resolution of that accomplished, the commission paused as the bulk of citizens still present headed for the meeting room exit doors. And we’ll see you all back at the next level final review of the forwarded Comp Plan revisions by the county’s elected officials.

What could possibly go wrong there?

Click here to watch the Warren County Planning Commission Meeting of January 8, 2025.