County Planning Commission mulls short term tourist rental proposals

The Warren County Planning Commission met August 13 at the Government Center. Chairman Robert Myers (Happy Creek district) opened the meeting, reviewed the agenda, and prior meeting minutes, and for the fourth public meeting in a row, there were no public presentations, so the commission moved into public hearings for commission action.

Matt Wendling, Planning Department

Mario and Wendy Loudermon has made a request for a conditional use permit for a short term tourist rental for their property located at 200 Valley Retreat Rd in the Panhandle Retreat subdivision. The property is zoned residential (R-1) and located in the Fork Magisterial District. Planner Matt Wendling briefed the commission members on the proposed use and background. Home meets minimum setback requirements and has not been a subject of any previous conditional use permit. A variance was issued in October 2019. The planning staff has received some inputs from neighbors that were included in the commission packages. The Property owners have provided a draft Property Management Plan. There is a chain across the entry to the subdivision as a security barrier. The staff has identified conditions for approval of the permit, including meeting all Warren County Health Department requirements, a maximum of 6 occupants, with annual well water testing and reporting. Mr. Loudermon expressed his appreciation to the commission for considering his proposal. He indicated that he had met with many of the neighbors and was always willing to hear what they had to say.

Chairman Myers opened the public hearing period for several owners of neighboring properties. While several were supportive of the proposal, others expressed concern about strangers coming into a rural neighborhood, the security of the entry, potential liability issues should an injury occur, increased traffic, and additional burden on residents. Once all public input had been received, the Chairman asked the applicant to respond to the issues raised. Mr. Loudermon did reiterate his willingness to engage with his neighbors regarding their concerns, but that many of the issues raised were “speculative in nature” in that there were no concrete examples to draw from. He planned to manage the property himself and engage a local tradesman for maintenance issues. He plans to carefully screen guests and makes himself available to respond to concerns at any time. The combination for the lock will be changed after each guest checks out. He indicated that he is an experienced landlord and understands the issues. Specifically, he also responded to the locked entry concerns and was willing to consider alternatives to the current chain and padlock.

Once the public hearing was closed, the Chairman went on to remind the audience that short term tourist rentals are not considered by the Virginia Assembly to be commercial uses, so any neighborhood concerns about commercial activities in a residential area aren’t legally based. Vice-Chairman Henry raised his own concerns about the chain and lock arrangement for the entry. He asked if a powered entry gate might be a reasonable solution. Planner Wendling indicated that the multiple lock solution had been implemented at two previous short term rental properties, but there was not enough historical data yet to determine how effective it was.

Vice-Chairman Henry asked the applicant if he had considered having a local 3rd party for the response to issues arising at the property, and Mr. Loudermon indicated that a contract for this service was already in progress. The Vice-Chairman then asked the applicant to consider a plan to implement a power gate to facilitate secure entry. The Applicant agreed to further research this approach.

Once the other commission members had had their opportunity to ask questions of the applicant, a motion was made by Vice-Chairman Henry, seconded by Commissioner Kersjes, to recommend approval with conditions for the permit to the Board of supervisors. The vote was unanimous.

Under the Authorization to Advertise portion of the meeting, commissioners considered two requests:
Luis and Tamara Feliciano have requested a conditional use permit for their property at 71 Shepherds Road, in the North River Magisterial District, zoned Agricultural. The Commission agreed to allow the proposal to be publically advertised while the staff works on the package with the applicant. The motion was made by Commissioner Longo, seconded by Commissioner Kersjes. The Commission voted unanimously to approve.

An Ordinance Text amendment to Section 180-28 has been requested by Frank Barnett to allow Commercial Repair as a by-right category of use. The planning staff has identified language that can be added to the ordinance. After a brief discussion, the Chair called for a motion, which was made by Commissioner Kersjes, seconded by Vice-Chairman Henry. The vote was unanimous to approve.

Planning Director Taryn Logan told the commission that a review of the Forestal Districts of Rockland, South River, and Limeton is upcoming. Letters will be sent to all property owners in those districts in preparation.

She further briefed that 98 new homes have been permitted in 2020, 24 in July alone, so new home construction is seeing significant growth.

Planner Joe Petty told the commission that new housing requests are on the increase, creating a review backlog which the department is working through.

Planner Matt Wendling reminded the commission that the 2020 US Census is underway, and urged the public to participate when contacted. He also addressed the availability of the Front Royal

Warren County Civil War driving tour brochure which is available at various points around the county.

The Assistant County Attorney, Caitlin Jordan, did not have any comments for the commission.

A motion to adjourn by Vice-Chairman Henry and a second by Commissioner Longo ended the meeting at 8:00 PM.