County Planning Commission Blesses Rezoning for New 5-Story Hotel and Permit for Stephens Industrial Park Contractor Facility, Short-Term Tourist Rentals

The Warren County Planning Commission met on Wednesday, February 14th, at the Warren County Government Center. Vice-Chairman Hugh Henry was absent. This meeting’s agenda included public hearings on seven Conditional Use Permit (CUP) requests, a County Zoning Ordinance amendment, and a rezoning request. Chairman Richard Myers reminded the audience that persons speaking during public hearings are limited to three minutes.

The CUP request previewed at last month’s meeting from Plein Smith Ventures, LLC for a Contractor Storage Yard was formally presented this month. The property is located at (0) Baugh Drive and is zoned Industrial (I) in the Stephens Industrial Park and the North River Magisterial District. Planning Director Matt Wendling summarized the request for the Commission. The request was submitted on behalf of Total Development Solutions, LLC and KT Enterprises Inc. According to the applicant, approximately three acres of the 23-acre site will be used for a contractor storage yard, which is the subject of the CUP application. The remainder will be developed for KT Enterprises by right as a multi-use property with office and shop facilities and a wholesale nursery with landscaping and horticultural services equipment storage.  Although the parcel does not lie within the Highway Corridor Overlay District, the County Planning staff will use those rules as a guide for development, particularly the screening guidelines. All the surrounding parcels are zoned Industrial. A complete site plan will be submitted and approved before building permits can be issued.

Applicant Representative Chris Mohn of Greenway Engineering highlighted the features of the proposed development, citing its compatibility with the surrounding parcels and the County’s comprehensive plan.  There were no speakers either for or against at the public hearing, and with no other discussion, on a motion by Commissioner Kaylee Richardson, Seconded by Commissioner Scott Kersjes, the commission voted unanimously to recommend approval of the CUP.

Aerial view of proposed use for (0) Baugh Drive. The 23-acre property in the Stephens Industrial Park is proposed to be used for a Contractor Storage yard, Wholesale Nursery, and Offices and shop space.

Warren County Planning Staff has made a request to amend Chapter 180 of the Warren County Code, specifically §180-56.4, to modify the supplementary regulations for Short-Term Tourist Rentals. At its September 2023 meeting, the commission voted to recommend the denial of a proposed text amendment. In their discussion at that time, the Planning Commission supported all the proposed changes to the supplemental regulations except for the proposed options to change the 100-foot setback requirement from neighboring dwellings. The Planning Commission did not agree with making the 100-foot setback an absolute requirement that cannot be waived, and they also disagreed with removing the 100-foot setback requirement entirely. The Planning Commission indicated a preference for keeping the setback requirement as a supplemental regulation that can be waived by the Board of Supervisors. Since that meeting and a series of Supervisor’s work sessions, the Board returned the proposed amendment to the planning commission for “further review and recommendation.”  Zoning Administrator Chase Lenz told the Commission that the department had also met with representatives of the newly formed Warren County Coalition of Community Associations (WCCCA) to discuss some procedural changes and options for incorporating a reasonable approach to a minimum setback requirement.

The options and suggestions presented by the WCCCA, interestingly, do not include a demand for prohibition of short-term rentals, or the familiar complaints about traffic, water usage, or potential bad behavior of guests. They focus on better communications, property host responsibilities, and periodic reviews of CUPs. Commissioner Kersjes asked if the text of the amendment meant that a property owner would be reaching out to their POA or would the Planning Department staff have that responsibility. Zoning Administrator Lenz responded that the text change required that the Planning Department would be soliciting a response from the POA/HOA, and specifically asking if any restrictive covenants were in place.

Gary Smullen, President of the Skyland Community Corporation, addresses the Warren County Planning Commission to commend the planning department for its work with the homeowner’s groups and to urge more intercommunication between the Planning Department, Law Enforcement, and the HOA/POAs.

During the public hearing, Watts Hill, representing the High Knob Owners Association, complimented the Planning Department for opening a dialog with the WCA, which represents 3,000 property owners in Warren County. Gary Smullen, representing the Skyland Community Corporation (SCC), again commended the Planning Department for its work in focusing on the issues. “Aside from the 100-foot setback, one of the things we are most interested in is for the subdivision in question to be able to inform the Planning Department when there have been infractions,” he said. “There’s never been a revocation.”

The group aims to be able to present their concerns or complaints at the time a CUP is being reviewed or renewed.

Once the public hearing was closed, the commissioners discussed the proposed changes that grew out of the Board of Supervisor’s work sessions. The text amendment, as presented, leaves the 100-foot setback as a supplementary requirement, which can then be waived by the supervisors depending upon specific circumstances. Commissioner Kersjes asked, “What is the actual procedure for renewal?” Answer: “There’s actually some confusion about the terms “review” or “renewal.” What is renewed annually is the business license. At that time, we will complete a review of the CUP and request the well water testing and the septic system every 3-5 years.”

During the lengthy discussion, Commissioner William Gordon questioned the terminology in section J of the proposed amendment that reads, “The short-term tourist rental shall have a “land line” with local phone service or other reliable means of telecommunication.” His question is, “Who defines what reliable means?” It emerged from the discussion that access to the E-911 emergency services network to and from the property was the primary concern, and even though most guests would have cell phones, there are areas in Warren County with inadequate cell coverage. The Commission eventually settled on recommending approval of the amended text with the proviso that the Planning Department substitute language that requires that E-911 access without further specifying which technology must be used. On a motion by Commissioner Gordon, seconded by Commissioner Richardson, the commission voted unanimously to recommend approval of the updated draft text amendment.

Vesta Property Management on behalf of 40 Acre Wood, LLC- A request for a CUP for a Short-Term Tourist Rental for an Agriculturally zoned property at 357 Stokes Airport Road in the Fork Magisterial District. The 2-acre property is located 500 feet from the County overseen Front Royal Airport (FRR). The application states the owner would like to make his property available for short-term lodging for traveling nurses, remote-working professionals seeking a change in scenery, and other visitors to the Warren County area.

Two citizens spoke to oppose the permit. Sarah O’Fallon is a nearby property owner who opposes the permit and cited short-term rentals as responsible for increased trash, noise, and traffic. She also stated that there is a drought of single-family homes for sale or rent in Warren County. Ralph West also spoke to oppose the permit, citing the same reasons.

Ralph West, a longtime Warren County resident, addressed the Planning Commission to express his concern about the approval of a short-term tourist rental near the Warren County Airport. He and another neighbor objected to increased traffic, potential trespassing, and the potential for hunters in the area to conflict with tenant pets. In the end, the Commission acknowledged the concerns but voted unanimously to approve the request.

At the close of the public hearing, Chairman Myers acknowledged the public input and reminded the speakers that a long-term renter would generate a lot more traffic than short term ones. Commissioner Kersjes and Commissioner Richardson also pointed out that Short-term Rental hosts are also likely to maintain their properties better than long-term tenants would. Chairman Myers continued, “In short-term rentals, we don’t allow ATVs. Open fires or firearms. In long-term rentals, you can’t suppress any of that.”

Commissioner Gorden followed up by telling the speakers, “As we said previously, where there are problems with people in the property, call the planning department so we can take the appropriate steps.” After some additional back-and-forth, on a motion by Commissioner Kersjes, seconded by Commissioner Gordon, the commission unanimously recommended approval of the CUP.

Gregory & Margo Steadman are requesting a CUP for a guesthouse at (0) Knock Lane. The 10-acre property is zoned Agricultural (A) and located in the Gafia Estates at Lake John subdivision in the North River Magisterial District. According to the application, the Steadmans are requesting a Conditional Use Permit for a guesthouse to allow them to pursue a two-stage construction plan for their property. The first stage

would be the construction of a 1,600-square-foot dwelling and boat/recreational equipment storage building. For the second phase, the owners would reside in this dwelling unit while financing for and constructing a larger dwelling to be used as their primary residence. Upon completion of that residence, the structure would be converted to a guesthouse for family and friends on a noncommercial basis. Zoning Administrator Lenz told the commission that the guest house designation means that the property can never be used for short-term rental. Requirements established in the permit will direct the owners to insert a condition when deeding the property to subsequent owners stating that commercial use of the guest house is prohibited. There were no speakers at the public hearing. With no discussion on a motion by Commissioner Richardson, seconded by Commissioner Kersjes, the commission voted unanimously to recommend approval.

Kenny & Sylvia Day – A request for a CUP for a Short-Term Tourist Rental. The Agricultural (A) zoned property is located at 628 Harmony Orchard Road and located in the Harmony Hollow Association Inc. subdivision and in the South River Magisterial District. Zoning Administrator Lenz told the commission that the property met all supplementary regulations for short-term rental. There were no speakers for the public hearing, and on a motion by Commissioner Richardson, seconded by Commissioner Kersjes, the Commission voted unanimously to recommend approval.

Jacquelyn Gunn – A request for a CUP for a Short-Term Tourist Rental. The property is located at 1754 Khyber Pass Road in the Skyland Estates subdivision. The property is zoned Residential-One (R-1) and is in the Happy Creek Magisterial District.  A previous CUP application for this property by a previous owner was denied by the Board of Supervisors in 2014 under the supplementary regulations in effect at that time, and the board asked the Planning Department to revise the regulations. This application was submitted under and meets the current county supplemental regulations.

Zoning Administrator Lenz told the Commission that the Skyline Community Corporation had submitted a request for the Commission to deny the request on the assertion that the applicant was already operating a rental and advertising via a website. The department then researched to discover that a website had been set up in preparation for operation but was not active nor were bookings being accepted. Under questioning by Commissioner Kersjes, the Zoning administrator also said that the conditions that SCC had provided to obtain its approval included a requirement that short-term tourist rentals should be occupied by the owner, in other words, essentially a bed-and-breakfast operation.  On a motion by Commissioner Kersjes, seconded by Commissioner Gordon, the Commission voted unanimously to recommend approval.

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 in the Mountain View Section of the Shenandoah Farms subdivision. The property is zoned Residential-One (R-1) in the Shenandoah Magisterial District. This application was previously considered by the commission but temporarily withdrawn by the applicant to complete a Fiduciary order for the minor child owner of the property, an American citizen who resides in the Philippines. Her deceased father, who owned the property, wished her to have the property, but the only way for it to sustain itself until she turns 21 and can live in the United States is to operate as a short-term tourist rental. On a motion by Commissioner Kersjes, Seconded by Commissioner Richardson, the Commission voted unanimously to recommend approval.

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 in the North River Magisterial District, and the proposed by-right land use is for a 107-room hotel/motel and future restaurant and strip commercial storefronts. The future land use zoning map in the Comprehensive Plan shows commercial zoning for this property. Planning Director Matt Wendling told the Commission that the property was expected to be used for commercial development as the County’s Comprehensive Plan has evolved since 1997. The property adjoins the commercial area just north of Riverton Commons. The applicant provided Environmental and Community Impact studies to support their proposal.

John Neal, Representing Foresight Design Services, explained the project to the Commission. The applicant intends to dedicate 16,000 Square feet of the 5-acre property as public right-of-way as part of the Caroline Drive extension. One priority for the developer has been providing tree buffers and preserving as many of the current trees as possible. One local property owner spoke at the public hearing to object to the rezoning, citing the near proximity of residential homes and historically agricultural areas. Two neighboring property owners wrote to the Planning Commission to object to the rezoning and cited the traffic, noise, light, pollution, and construction impact.

With the near proximity of heavy commercial uses, the County must make decisions on the boundaries between traditional agricultural and residential uses and the ever-expanding need for commercial development along the corridors between urban areas. After some discussion, the Commission voted on a motion by Commissioner Kersjes, seconded by Commissioner Gordon, and the Commission voted unanimously to recommend approval of the rezoning.

Foresight Design Services provided a concept view of its proposed 5-story hotel at 99 Cedar Park Court for consideration by the County Planning Commission. The commission voted unanimously to recommend approval.

Foresight Design Services – A request for a CUP for a building height in excess of 40 feet within the Highway Corridor Overlay District and Commercial Zoning District for a proposed building height of 62 feet. The property is located at 99 Cedar Park Court in the Vernon L. Kemp subdivision and in the North River Magisterial District. Planning Director Wendling told the commission that the Warren County Zoning ordinance limits the height of buildings to 42 feet, and anything exceeding that will be subject to a CUP. The Planning Commission must approve the final design of the building, and approval is subject to Building Department, Health, and Virginia Department of Transportation requirements. Since the property is partially within the Highway Entrance Corridor Overlay District, the planning department will apply those additional design standards as well. The height of the proposed building is not substantially different from other hotel structures and is 20 feet shorter than the Doubletree (Formerly Holiday Inn) at Blue Ridge Shadows. There were no speakers for this public hearing. After a discussion about design elements and structural details, on a motion by Commissioner Gordon, Seconded by Commissioner Kersjes, the commission voted unanimously to recommend approval.

All the commission actions will now go to the Warren County Board of Supervisors for final approval.

The Meeting was adjourned at 9:10 PM.

Click here to watch the Warren County Planning Commission Meeting of February 14, 2024.