Short-term tourist rentals on the rise and camping on a residential lot: County Planning Commission

The Warren County Planning Commission met on Wednesday, April 13 to consider a string of seven Conditional Use Permit (CUP) requests, four of which related to short-term tourist rentals. The county has seen a dramatic increase in tourist rental activity since the first permit was issued in 2012. At last count there were 100 Short-term tourist rental facilities for which permits had been issued or are in progress.  None of those presented at the meeting were controversial, and no one objected during the public hearings for the four requests. The Commission unanimously voted to recommend approval for:

• 5462 Browntown Road in the South River District for Emilia Simeonova and Sergei Kulaev
• 9 Oak Hill Drive in the South River District for Solomon A. Stavis
• 31 Henry Way in the Shenandoah District for Jared Smith
• 280 Overbrook Lane in the Shenandoah District for James and Jeonghe Lal
• 524 Freezeland Rd in the Happy Creek District for Rocky Quach

The Commission also considered two requests from Rivermont Baptist Church; first, to amend the County Ordinance to add Day or Child Care Center as an allowed use in an Agricultural District, and then a request for a Conditional Use Permit for the church to operate a Day or Child Care Center on their property at 575 Catlett Mountain Road in the Fork District. The Church intends to operate the center as a service to the community and their congregation for working families. The facility will be located in the church’s existing Fellowship Hall. The ordinance change is required to update the county code which currently allows these services in the Commercial Districts by right, and Residential Districts by permit, but limited to five or fewer children in the Agricultural Districts. The center will also offer one full-time and several part-time employees. The Commission unanimously voted to recommend approval for both the ordinance change and the CUP. The requests will now go to the Board of Supervisors for a final decision.

Patricia A. Brown has requested a CUP for private use camping on a 2.56-Acre lot on Misty Meadow Lane in the Massanutten View Subdivision. The property is zoned Residential (R-1) and is in the South River District. The applicant purchased property in 1996 adjacent to a home owned by a relative. The Property contained a shed which was determined to be noncompliant with the County Zoning Ordinance. Property lies at least partly in the Special Flood Hazard area, so the applicant determined that a private use camping Conditional Use Permit would enable the use of the property by local scouting groups periodically while maintaining compliance with the zoning ordinance.

The subdivision contains 25 lots, of which 19 are improved by dwellings, and six are vacant.  The subdivision restrictive covenants prohibit camping on vacant lots; however the County cannot enforce subdivision covenants. At the public hearing, neighbors Daniel and Eloise Hoke expressed their opposition to the permit, citing trespassing, trash, and potential for campers to be left on the property. The couple acknowledged that the County cannot enforce the subdivision covenants but urged the commission to consider the effect that camping activities would have on the remaining property owners who abide by their covenants.

Vice Chairman Hugh Henry questions the applicants for a private camping use in the Massanutten View Subdivision.

During a lively discussion after the public hearing was closed, Vice Chairman Hugh Henry acknowledged the challenge in the community and for the applicant when a proposed use conflicts with the expectations of neighboring property owners. “Is the issue the shed on the property or the intended use by scouts for camping?” Henry asked.  According to Deputy Planning Director Matt Wendling, the permit for private camping was an option to legally use the property for hosting the scouting events and leave the shed on the property but outside the flood plain.

Ultimately, the commission unanimously decided to defer a decision on the permit request until the next meeting, so the staff and the county attorney can research the permissible uses of residential lots for private camping. The applicants assured the commission that they would not be using vehicle campers on the property anyway.

Finally, Richard Durkee has requested a CUP for private use camping for his property on Farms River Road in the Shenandoah District. The property is also zoned Residential, although because of its location in the flood plain the lot is not easily buildable. There was no public comment on the permit request, and the Commission unanimously recommended it for approval by the Board of Supervisors.

The consent agenda for the meeting consisted of 8 requests for authorization to advertise public hearings:

• A request by Justine and Maureen Sager for an ordinance amendment to define and allow poultry abattoirs in the agricultural district.
• Five Condiitional Use permit requests for Short-term Tourist rentals:
  • Phong Nguyen at 571 Wilderness Rd.
  • Emilia Kirker and Mark Saunders at 5865 Gooney Manor Loop
  • Vanessa Portillo at 806 Esteppe Rd.
  • Carl Boswell at 338 Walker Farm Dr.
  • Matthew Ben Tow at 110 Demel Court
• A request by Emilia Kirker and Mark Saunders for an ordinance amendment regarding retreat centers, and
• A request by Emilia Kirker and Mark Saunders for a conditional use permit for a retreat center at 5865 Gooney Manor Loop

The Commission unanimously approved the items on the consent agenda to be advertised for public hearings at subsequent commission meetings.

Commissioner Scott Kersjes asked the planning staff if it was possible to convene a joint meeting with the Town Planning Commission to compare notes on the Comprehensive Plan they are now working on. Deputy Planning Director Wendling said the County Planning Department was already in communication with the Town Planning Department and would raise that idea with them. There are many shared points of interest between the town and county commissions.

Chairman Myers Adjourned the meeting at 8:40 PM.