County Planning Commission considers new Shenandoah Farms Fire Station and more Short-Term Tourist Rentals

The Warren County Planning Commission, short two members with last month’s resignation of former Commissioner Greg Huson and an absent Vice-Chairman Hugh Henry, managed to eke out a quorum with three members and met Wednesday, June 14 at the Warren County Government Center.

A 3-person quorum for the county planning commission due to the resignation of the 5th member and the absence of Vice Chairman Hugh Henry was faced with a full agenda of 8 public hearings. Royal Examiner Photos Stephen Sill

The meeting started an hour earlier than usual – at 6 p.m. instead of 7 p.m. – because of the volume of requests for the commissioners to consider.  The July meeting will also begin at 6 p.m. Regular County Planning Commission meetings are scheduled on the second Wednesday of each month.

There were no public presentations, so the commission delved into its public hearing agenda, consisting of 11 permit requests.

The County of Warren is requesting a Conditional Use Permit (CUP) for a public protection facility, otherwise known as  the Shenandoah Farms Fire Station on Howellsville Road and Youngs Drive in the Shenandoah District. The Property is zoned Residential (R-1). Planning Director Matt Wendling briefed the commissioners on the County’s request to replace the current Station 6 in Shenandoah Farms due to structural issues with the quarters and insufficient vehicle storage. This new property location is also more central to the Shenandoah Farms subdivision. This facility is in the top 5 priorities in the County’s Capital Improvement Plan (CIP) for Fiscal Year-2024. The property was issued a CUP in 2011 for a maintenance facility for the Shenandoah Farms  Sanitary District, which subsequently expired after the County determined it was not necessary.

County Planning Director Matt Wendling briefs the County Planning commission on a proposed plan to build a new fire station in the Shenandoah Farms Subdivision on Howellsville road. The commission ultimately recommend approval of a conditional use permit, the first step toward actually building the new facility.

Director Wendling outlined the requirements for issuance of the CUP, which include a site plan which must be approved by the Planning Commission. During the Public Hearing, Kimberly Joad expressed concerns about the traffic currently at the site. She was not so much opposed to the issuance of the permit but had questions about how the facility would be oriented on the site. Gerry Maiatico, Assistant Chief of Warren County Fire & Rescue, indicated that the department had worked extensively with staff to study the feasibility of the site. The intention is for the station to have access onto Howellsville Road, with appropriate signage to warn of the fire station, and a potential reduction in the speed limit is being discussed with VDOT. He also gave as an example similar concerns at the Rivermont Station, constructed two years ago. So far no complaints or incidents at that location have been reported, he told the commission.  With no other comments from the public or commissioners, on a motion by Commissioner Kaylee Richardson, seconded by Commissioner Scott Kersjes, the commission voted 3-0 to recommend approval of the CUP.

Shelly Cook is requesting a CUP for a Short-Term Tourist Rental for her property at 15 Sunset Village Rd. The property is zoned Residential (R-1) in the Junewood Estates subdivision in the Fork District. Zoning Administrator Chase Lenz told the commissioners that the applicant purchased the property in 2019 and will manage the property personally, since she lives very close by. There are currently two short-term rentals in the subdivision. The applicant is requesting a waiver to the 100-foot setback requirement in the county zoning ordinance since the building is 87 feet from the nearest dwelling to the north.

The applicant offered to provide an evergreen tree line at the rear of the property to provide privacy screening for the neighboring property. At the public hearing, there was only one speaker. Gary Brook indicated that when he moved into the subdivsion in October there was no indication that short-term rentals would be allowed there. He was concerned about impacts of short term rentals on road maintenance in the subdivision and access to the river. At the close of the public hearing, Chairman Robert Myers confirmed the earlier statement by Zoning Administrator Lenz that there were already two approved short-term rentals in the subdivision. Lenz: “Yes, that’s correct. I think that was within the past two years or so. But those properties are further down in the subdivision. This property is the first house on the left.”

Commissioner Kersjes asked if the neighboring property owner that would be affected by the waived setback had raised any concerns. Zoning Administrator Lenz indicated that they had received no comments from that property owner, but the applicant had indicated to the planning department that she had been in contact with them, and they had no problem with the permit. Commissioner Kersjes then moved that the application be tabled until the next meeting to permit the affected neighbor to put their support of the permit in writing. Commissioner Richardson seconded the motion and the commission voted unanimously to table the request until the July meeting pending further correspondence from the neighboring property owner to the north.

Bradley Winans has requested a CUP for a Short-Term Tourist Rental for a property at 416 Hobbs Nob Road in the Shenandoah District. The property is zoned Residential (R-1) in the Mountain Lakes section of the Shenandoah Farms Subdivision. Zoning Administrator Lenz told the commission that the applicant purchased the property in May 2022. The application asserts that the owner will manage the property personally with assistance from local services for trash pickup and cleaning. The applicant is also requesting a waiver of the setback requirement since the nearest dwelling is 70 feet to the east. Mr. Winans told the commission he has already planted evergreen trees to screen the property from neighboring dwellings and would be willing to restrict guests from that side of the property if necessary.

In the public hearing, there were three speakers. Kaitlin Riswold, who occupies the property affected by a potential setback waiver, told the commission that the property is already actively being marketed as an AirB&B even though no permit had been issued. Her husband indicated that they understood the applicant intended to use the property personally. Debbie Winans, the applicant’s daughter, then told the commission that she has made friends in the neighborhood and “it makes her happy” to be there. Nicholas Gossen, another neighbor of the property, told the commission that he was concerned his children may be endangered by short-term rentals. At the close of the public hearing, Chairman Myers pointed out that short-term rentals do generate less traffic than long term rentals.

Commissioner Richardson moved and Commissioner Kersjes seconded a motion to recommend denial of the permit request due to its failure to meet the county’s setback requirements. The motion to deny passed unanimously.

Walter Scott Piotti and Victoria Piotti requested a CUP for a Short-Term Tourist Rental for their property at 192 Howellsville Heights Circle. The property is zoned Agricultural (A) and is in the Happy Creek District. Planning Director Wendling told the commission that the property in question is adjacent to the applicant’s residence. The rental will be managed by the applicant with assistance from local professionals for trash removal, cleaning, landscaping, and maintenance. The property meets the county’s setback requirements at 341 feet from the nearest dwelling. Comments from the building official indicate that there was an unpermitted chimney on the building that would have to be brought into compliance for permit approval. The applicant addressed the commission to say the wood-stove chimney in question has been removed. There were no speakers in the public hearing. On a motion by Commissioner Kersjes, seconded by Commissioner Richardson, the commission voted 3-0 to recommend approval.

David A. Downes requested a CUP for a Short-Term Tourist Rental for a property at 125 Freeze Road owned by a family member, indicated to be a goddaughter. The property is zoned Residential (R-1) and is in the Shenandoah District. The applicant told the commission that this request will be a “short” Short-Term Rental” because the owner intends to occupy the property as a home when she returns to the United States. The applicant will manage the property personally while partnering with a national management company. There were no speakers at the public hearing. On a motion by Commissioner Richardson, seconded by Commissioner Kersjes, the Commission voted unanimously to recommend approval of the CUP.

Nancy Hilliard has requested a CUP for a Short-Term Tourist Rental at 83 Moonshiner Way in the Shenandoah District. The property is zoned Residential (R-1) and meets the setback requirements of the County zoning ordinance. There were no speakers at the public hearing. On a motion by Commissioner Kersjes, seconded by Commissioner Richardson, the commission voted unanimously to recommend approval.

Conditional Use Permit applicant Erica Baker explains her proposed short-term tourist rental in Shenandoah Farms subdivision. After some discussion of the special needs for well water quality testing after any flood event, the commission voted to recommend approval.

Erica Baker and Richard Case have applied for a CUP for a Short-Term Tourist Rental at their property at 31 Farms Riverview Road in the Shenandoah District. The Property is located entirely within the high-risk floodway, adjacent to the river boat ramp. There were no speakers at the public hearing. Commissioner Kersjes noted that the well for the property was immediately adjacent to the river, and asked if there should be an additional condition to require testing of the well immediately following any substantial flood event in addition to the annual testing required by the County’s ordinance.  Planning Director Wendling and Zoning Administrator Lenz both agreed to amend the language of the staff-recommended conditions to that end, and, on a motion by Commissioner Kersjes, seconded by Commissioner Richardson, the Commission voted unanimously to recommend approval.

Michael DeLutri has requested a CUP for a Short-Term Tourist rental for his property at 2706 Freezeland Road. The property is zoned Agricultural (A) and is in the Shenandoah District. Planning Director Wendling told the commission that a 4th bedroom in the basement was constructed without a building permit. The applicant stated that the 4th bedroom was completed prior to his purchase of the property in 2018. The Planning Department is recommending that the commission approve the permit for only 3 bedrooms, pending the owner obtaining a permit for the 4th bedroom.

At the public hearing there were 4 speakers who objected to the permit, citing fire concerns from the fire pit in the front yard, and the fact that the large house would draw large groups and become a “party house”. Travis and Debbie Lewis related previous problems with large parties at the property with music lasting late into the night. Kathy Shive asserted she had 7 signatures from adjacent properties opposed to short-term rentals and cited studies indicating the negative impact that short-term rentals may have on a community – removal of housing stocks for ordinary renters, safety concerns from fires and other guest activities, and reduced desirability of adjoining properties.

At the conclusion of the public hearing, Chairman Myers asked for a response from the applicants or a representative. The applicants stated they were not aware of neighbor’s concerns but have committed to responding to them. They have installed security cameras around the property and will remove the fire pit. They envisioned that a larger house would allow families to gather and hoped to open communications with neighboring property owners to make sure problems don’t arise. Chairman Myers reminded the audience that CUPs are conditional – if the conditions of the permit are violated, it can be revoked. Planning Director Wendling said that site visits and annual reviews are part of the permitting process. And neighbors can contact the county sheriff’s office, and on weekdays the Planning Department office, with complaints.

Commissioner Kersjes also observed that there are generally more problems with long-term rentals, where the commission can’t prohibit parties or fire pits, than from short-term rentals which are more highly restrictive. In the end, the commission voted on a motion by commissioner Richardson, seconded by Commissioner Kersjes, to recommend approval.

Barbara Hessler has requested a CUP for a Commercial Outdoor Recreation Facility on her 12.3-acre property at 2900 Long Meadow Road in the North River District. The property is zoned Agricultural (A). She proposes to use approximately 2 acres of the property for off-road motorcycle training classes. Classes would run from 8:30 a.m. to dusk. Students would be limited to about 8 per session.

There were no speakers for the public hearing, and Planning Director Wendling indicated that the Planning Department had received two letters of support. With little further discussion, on a motion by Commissioner Kersjes, seconded by Commissioner Richardson, the commission voted 3-0 to recommend approval of the CUP.

Following the public hearings, the commission then voted unanimously to approve a consent agenda to authorize advertisement of public hearings on these requests:

• Amirabbas Burstein – A request for a CUP for a Short-Term Tourist Rental. The property is located at 1678 Gooney Manor Loop. The property is zoned Agricultural (A) and located in the South River District.
• Robert Chevez & Kayla James – A request for a CUP for a Short-Term Tourist Rental. The property is located at 52 Hickory Nut Rd. The property is zoned Agricultural (A) and located in the Shenandoah District.
• Jay Newell – A request for a CUP for Private Use Camping. The property is located at (0) Avalon Drive. The property is zoned Residential-One (R-1) and located in the Shenandoah District.
• Gregory Fritz – A request for a CUP for a Guesthouse. The property is located at (0) Knock Lane.  The property is zoned Agricultural (A) and located in the North River District.
• Austin Schwoegl – A request for a CUP for a Short-term Tourist Rental at 1614 High Top Road. The property is zoned Residential-One (R-1) and located in the Shenandoah District.
• Rushmark Rockland Road, LLC – This is a re-submittal of a request to amend the Warren County Zoning Map and rezone 46 acres from Commercial (C) to Industrial (I) and rezone one and eighty-seven hundredths’ (1.87) of an acre from Residential One (R-1) to Commercial (C). The properties are located at 8561 Winchester Road. The properties are located in the North River District. The total acreage of the parcels is approximately 77.59+/- acres.
• Rushmark Rockland Road, LLC – This is a re-submittal of a request for a conditional use permit for a building in excess of 50,000 square feet to be located in the Route 340/522 Highway Corridor Overlay District. The properties are also located at 8561 Winchester Road. The properties are currently zoned Commercial (C) and Residential-One (R-1) located in the North River District and are included in the rezoning request to Industrial (I) in application number R2022-10-01.
• Comprehensive Plan Amendment – Future Land Use Map – Rushmark Rockland Road, LLC – This is a re-submittal of a request to amend the Future Land Use Map in the Warren County Comprehensive Plan to designate the properties at  8561 Winchester Road as future Industrial (I) zoning.  These public hearings are scheduled for July 12 at 6 p.m.

The meeting was adjourned at 7:45 p.m.