County Planning Commission approves Fairground’s parking sharing plan with Family Dollar

The Warren County Planning Commission held its regular meeting April 12 in the Government Center.  At its previous meeting on March 8, the commission had deferred action on a Conditional Use Permit  (CUP) for the Society of St. Pius X for a church to be built on Reliance Road to allow time for the applicant to flesh out plans.  While it did recommend approval at that meeting for a CUP for the applicant to utilize an existing barn on a temporary basis, there was not yet enough information to recommend approval of a second CUP application for the new church.  Planning Director Matt Wendling announced that the new church CUP was being removed from the agenda to allow the applicant time to provide a general development plan for the commission’s further review.

The commission also reopened its unfinished consideration of a plan submitted by the Warren County Fair Association to use part of its property as a temporary overflow parking area for empty semitrailers for the Family Dollar Distribution Center on Fairground Road.  In the unwieldy language of the Zoning Ordinance, and consequently the Conditional Use Permit (CUP) application, the project was categorized as a “Motor Freight Terminal” when in fact it was intended as a simple parking area.  It’s an example of when a unique, but perfectly reasonable proposed use of a piece of property, doesn’t fit the language of an ordinance — but adding the language to allow it might create an unintended precedent for other similar properties where such a use might be objectionable.

After a lengthy discussion regarding screening of the site from nearby residential properties and the surface of the parking area and reviewing the general development plan submitted by the applicant at the request of the commission, on a motion by Commissioner Scott Kersjes, seconded by Vice-Chairman Hugh Henry, the commission inserted a condition that the CUP be reviewed in 2 years and unanimously voted to recommend approval.

Warren County Fair representative Dennis Grove explains the plan for improving a parking lot that will be used by Family Dollar for overflow empty trailer parking on County Fair property.

The Commission then turned its attention to the scheduled public hearings.

Shelly Cook has submitted a request for a Conditional Use Permit for a Short-term Tourist Rental. The to-be-built rental unit is located on Lee Burke Road, zoned residential (R-1), and is in the Fork Magisterial District. The rental property will be used as a special feature for weddings held at her adjoining Agricultural events center.

Shelly Cook explains her plan for a honeymoon cottage adjoining her Agricultural event center on Lee Burke Road. The property will be used as a special feature for weddings held at the event center.

There were no other speakers, and without discussion, on a motion by Commissioner Kersjes, seconded by Vice-Chairman Henry, The commission voted unanimously to recommend approval.

David Cressell has applied for a CUP for gunsmithing services on his residentially-zoned property at 275 Gary Lane in the Shenandoah District.  Planning Director Wendling told the commission that shooting on the property is prohibited and all testing would be carried out elsewhere.  Gunsmithing is not considered a home-based business, so there should be no external appearance of a business.  There were no speakers either for or against the request, so, without discussion, on a motion by Vice-Chairman Henry, seconded by Commissioner Kaylee Richardson, the commission voted unanimously to recommend approval.

Erica Baker – A request for a variance to Warren County Code §155-3.B(1)(b) of the Subdivision Ordinance to allow the voluntary transfer of a proposed subdivided lot to an immediate family member within the required five (5) years of having held fee simple title to the property. The property is located on 64 Tara Road, zoned Agricultural (A) and located in the Shenandoah Magisterial District.  Planning Director Wendling explained to the commission that the application had been filed after the passing of the owner Alfred Smith, who wished to create a family subdivision so his heirs could each own and live on the property.  Each heir was to receive at least a 3-acre portion. The riverfront property which is the residual lot would be held in joint ownership by the three heirs.  The applicant acquired the property upon the death of her father on January 6, 2022.  Her siblings Alisa Barton and Roger Smith were included in the will and the family wants to boundary adjust the property lines and create a family subdivision to allow for separate parcels for each family member.

Roger Smith tells the commission that his father hoped his daughters could each have a part of his farm to live on.

Roger Smith currently owns a separate adjoining parcel that would be boundary adjusted with the other lot. The heirs have owned the property for a little more than a year and are willing to have a condition requiring that they retain ownership for nine years in lieu of the five required by the subdivision ordinance.

After a brief recess requested by the county attorney to substitute the “retain ownership” stipulation language in the motion for approval, on a motion by Vice-Chairman Henry, seconded by Commissioner Kersjes, the commission unanimously voted to recommend approval.

Michaun M. Pierre submitted a request for a CUP for a Short-term Tourist Rental for her property at 726 Harmony Orchard Road in the South River Magisterial District. The property is zoned Agricultural (A).  One neighboring property owner spoke at the public hearing to voice his concerns about the septic system, a retaining wall, and the danger of open fires so near to a heavily wooded area.  The applicants assured the commission and provided documentation that the septic system was properly permitted and approved, and the retaining wall was structurally sound.  The concern about open fires was answered by the county’s prohibition of open fires at short-term tourist rentals by ordinance.  Without further discussion, on a motion by Commissioner Greg Huson, Seconded by Vice-Chairman Henry, the commission voted unanimously to recommend approval.

Harry H. Heard made a request to amend Warren County Code Sections §180-21 and §180-59 regarding Mobile Food Establishments operating in conjunction with Commercial Nursery/Garden Centers or Wayside Stands and Ice Cream Stands Operating in conjunction with Commercial Nursery/Garden Centers. Mr. Heard contacted planning staff to discuss the possibility of hosting a food truck and/or ice cream stand in conjunction with his farm stand/garden center business at 855 Stonewall Jackson highway in Bentonville, approved by CUP in 2018. Zoning Administrator Chase Lenz told the Commission that in reviewing the current zoning ordinance for the proposed use of a mobile food establishment or ice cream stand on a property zoned Agricultural, staff determined ice cream stand is not a listed permitted use and mobile food establishment is only permitted on County-owned Parks and Recreation facilities in the Agricultural Zoning District.  The staff determined that a code amendment could close the gap and allow this use by right, but only in conjunction with an approved wayside stand or garden center.  On a motion by Vice-Chairman Henry, seconded by Commissioner Richardson, the commission voted unanimously to recommend approval.

All these actions will be forwarded to the County Board of Supervisors for final action.

The Commission’s Consent Agenda consisted of nine items being submitted for authorization to advertise for a public hearing:

• Mary Francis Jiminez & Zach Kramer – A request for a CUP for a Short-term Tourist Rental. The property is located at 2034 Smith Run Road , is zoned Agricultural (A), and located in the South River District
• Roman Semenov – A request for a CUP for a Short-term Tourist Rental at 259 Cashmere Court.  The property is zoned Residential One (R-1) and located in the Happy Creek District.
• Benjamin & Dana Straub – A request for a CUP for a Short-term Tourist Rental at 91 Present Way. The property is zoned Agricultural (A) and located in the South River District.
• Kemandri Govender – A request for a CUP for a Short-term Tourist Rental at 128 Orchard Lagoon Drive. The property is zoned Residential One (R-1) and located in the Happy Creek District.
• Roberto Rodriguez & Gretchen Wagner – A request for a CUP for a Short-term Tourist Rental at 1820 Gooney Manor Loop. The property is zoned Agricultural (A) and located in the South River District.
• Barbara J. Hessler – A request for a CUP for a Short-term Tourist Rental at 2930 Long Meadow Road. The property is zoned Agricultural (A) and located in the North River District.
• Frank O’Reilly – A request for a CUP for a Short-term Tourist Rental at 320 Old Barn Lane. The property is zoned Agricultural (A) and located in the Shenandoah District.
• Yesl Cho – A request for a CUP for a Short-term Tourist Rental at 3744 Browntown Road. The property is zoned Agricultural (A) and located in the South River District.
• Shelly Cook – A request for a conditional use permit for a Short-term Tourist Rental at 137 Lee Burke Road. The property is zoned Agricultural (A) and located in the Fork.

On a motion by Commissioner Kersjes, Seconded by Commissioner Richardson, Vice Chairman Henry Abstaining, the commission voted unanimously to approve the consent agenda.  These requests will have their public hearings at the Planning Commission meeting on May 10^th.

Planning Director Wendling told the commission that progress continues on the County’s comprehensive plan, with lots of data mining work ongoing.  He also said that the department is reviewing the county’s fee schedule, which has not been updated for several years.

The meeting adjourned at 8:25 p.m.