County Planning Commission considers more tourist rentals, poultry processing, and retreat

At its regular meeting on May 11th, the Warren County Planning Commission faced a small firestorm of opposition from property owners near a proposed Short-Term Tourist Rental at 801 Esteppe Road in the Fork District. The property is zoned agricultural. The applicant, Vanessa Portillo, gave an emotional appeal to the commission in support of her request to give the property a second chance, despite hasty organizing of opposition by neighbors. She and her husband bought the property needing repairs and upgrades, according to her application, and were determined to save it rather than tearing it down.

Ten citizens spoke at the public hearing, and all were opposed to the permit. The complaint was a familiar one that a Short-Term Tourist Rental would bring strangers and dangers to a sleepy and close-knit neighborhood. Vice-Chairman Hugh Henry empathized with the neighbors but again noted that with all the short-term tourist rentals already in Warren County, there have been zero complaints or issues with law enforcement. That record is a clear indication that fears are most often overblown. Further, Mr. Henry continued, a short-term renter is just that – short-term. The applicant could just rent the property to someone for longer than 30 days, and as a long-term rental, there would be no permit or permission needed.

Chairman Robert Meyers pointed out that Short-term Tourist rentals are considered by the Virginia Legislature as residential uses, rather than commercial intrusions into residential neighborhoods. Vice-Chairman Henry also cited statistics that show traffic to a short-term rental property is, in fact, less than that for a full-time occupied dwelling.

After some discussion of property rights and the concerns of residents, the commission unanimously voted to recommend approval of the application, which now goes to the county Board of Supervisors. As always, the Supervisors also solicit public input, so another opportunity to express an opinion is available for residents who wish to be heard.

Conditional Use Permit applicant Vanessa Portillo describes her intentions for her Short-Term Rental property on Esteppe Road. After hearing opposition from neighboring residents and discussing the merits of the application, the Commission ultimately voted to recommend approval for the permit.

In a task left unfinished from the previous meeting, consideration of a Conditional Use Permit (CUP) for private use camping, the Commission heard from Planning Staff that the applicant, Patricia A. Brown, had agreed to two additional conditions for approval of the permit based on input from neighbors at the public hearing. The site is on Misty Meadow Lane in the Massanutten View subdivision. The final permit language will prohibit the use of major recreational vehicles on the site and will limit its use to no more than four organized non-commercial camping events. Property boundaries must be clearly marked throughout the duration of these non-commercial events. The commission voted unanimously to recommend approval of the amended request to the Board of Supervisors.

On a request by Justin and Maureen Sager, the Commission voted to recommend approval of a zoning ordinance change to define and regulate an exempt poultry abattoir, defined as a structure where poultry is slaughtered, processed, packed, and labeled for distribution. The number of slaughtered fowl will not exceed 1,000 per calendar year. Under the revised ordinance, this use would be allowed by right. There were no speakers at the public hearing, and Vice Chairman Henry asked if this ordinance change would apply to the whole county. Planning Director Wendling indicated it would apply to all Agriculturally zoned areas, subject to the supplementary regulations. The commission then voted unanimously to recommend the amended ordinance for approval by the Board of Supervisors.

Phong Nguyen is applying for a Conditional Use Permit for a short-term tourist rental for his property at 571 Wilderness Rd in Linden. The property is zoned Residential and is in the Skyland Estates subdivision in the Happy Creek District. Mr. Nguyen plans to use the property as a second residence part of the time and rent it out seasonally. There were no comments from other residents, and the Commission voted unanimously to recommend approval of the request.

Short-Term tourist rental permit applicant Phong Nguyen addresses the Planning Commission in support of his application. The commission approved the request.

A trio of requests from Emilia Cirker and Mark Saunders would grant a CUP for a Short-Term Tourist rental on their property at 5685 Gooney Manor Loop; amend the zoning ordinance to define and regulate retreat centers; and grant a Conditional Use Permit for a retreat center at that property. The brother and sister partners intend to offer wellness retreats, workshops, classes, and indoor and outdoor activities. Part of the time, the property will also serve Short-Term Tourist rentals. The public hearing yielded no speakers, so the commissioners asked if a bridge on the property would be sufficient to allow service vehicles access. The applicants indicated that they would initially restrict access to only neighboring properties that utilize the primitive bridge and ultimately plan to repair and upgrade it. It is currently in need of repair and is unrated for the weight limit. The commission voted unanimously to recommend the two permits and the zoning ordinance change for approval by the Board of Supervisors.

Carl Boswell has requested a CUP for a Short-Term Tourist Rental for his property at 338 Walker Farm Drive in the Shenandoah District. The property is residentially zoned, and the Shenandoah Farms Property owner’s association has been notified. One neighboring resident, Larry Cupp, spoke during the public hearing, in opposition to the permit, with similar complaints of unfamiliar persons in an established neighborhood. “We don’t know what they’re up to. It could be anything,” he observed.

Chairman Myers responded that the Conditional Use Permit is just that – conditional. If guests violate the conditions, the permit can be revoked. If there are problems with a guest, the appropriate action is to contact the County Sheriff’s Office.

Matthew Ben Tow has applied for a CUP for a Short-Term Tourist Rental for his Agriculturally zoned property at 110 Demel Court in the Happy Creek District. There were no public comments during the public hearing, and the commissioners discussed a prohibition on open fires as a condition of approval. The applicant indicated that many of the properties nearby have fire pits, and he hoped to offer one for his guests. The applicant could have a fire pit for his own use, but commissioners indicated it should be covered or blocked from guests using it. The Commission voted unanimously to recommend approval for the permit with the additional condition.

Ben Tow, applying for a permit for a Short-Term tourist rental, responds to commission questions about how to avoid open fires on his property.

The Commission’s Consent Agenda consisted of 10 items for Authorization to Advertise for public hearings for CUPs for four short-term tourist rentals, a private use campsite, a bed and breakfast, a guesthouse, a church, and two Zoning Ordinance amendments. Those items will be considered at the next regular planning commission meeting on June 8.