County Planning Commission Defers Action on 4 Conditional Use Permits, Previews New Church and Hotel Proposals

The Warren County Planning Commission met Wednesday, December 13, at the Warren County Government Center, and unusually opened four public hearings but deferred closing them until its next regular meeting in January. The deferrals were the result of some public notifications not having been completed in time for the meeting.

U-Star Transportation has applied for a Conditional Use Permit (CUP) for a motor freight terminal for its Industrially zoned property on Rockland Road adjacent to the Kelley Industrial Park in the North River District. Planning Director Matt Wendling told the commission that the applicant intends to utilize the 2.1-acre lot for 29 spaces for tractor-trailers. It will not have buildings or utility connections. The plan includes opaque fencing and plants for screening and buffering along Rockland Road and adjacent residential lots. Director Wendling pointed out that the application proposes the use of a gravel/stone surface for the facility which would be graded and compacted, while the County’s code requires a hard surface. The applicant has submitted a waiver request for this requirement. Wendling indicated that the planning staff would work with the applicant during the site planning phase of the application. Marisa Whitacre of Greenway Engineering, representing the applicant, told the Commission that an electronic gate for access to the property was being added to the plan to assure there were no delays for drivers using the facility. There were no other speakers for or against the permit issuance, and since the public hearing was being continued the commission did not vote on the permit.

Marisa Whitacre of Greenway Engineering explains the Motor Freight Terminal project off Rockland Road for the County Planning Commission. The commission deferred action on the permit request pending completion of the necessary notifications. Royal Examiner Photos Stephen Sill

Green Valley Baptist Church is applying for a CUP for a Church on a 10.2-acre site it is considering purchasing off Reliance Road in the North River District. The Church is conducting a feasibility study at this time. The site is zoned Agricultural (A) and was the subject of three previous CUPs. The proposed use is allowable by CUP in the Agricultural District.  Planning Director Wendling told the commission that the 90-member church meets Sundays and Wednesdays and plans to use an existing structure for their church building once it has been brought into code compliance for that use. The Church’s Pastor Tim Kirchoff told the Commission that the Church is conducting a feasibility study of the property to determine what measures would be required for it to be used as a church.

Pastor Tim Kirchoff of Green Valley Baptist Church describes his plan to convert a property with a large barn to a church facility. The church is currently conducting structural and utilities feasibility studies prior to a purchase agreement.

Again, no members of the public spoke at the public hearing, and the hearing was continued until the January regular meeting when a vote can be taken.

Jorge Lobo has made a request for a CUP for a short-term tourist rental for his property at 97 Judy Lane in the Mountain Lake section of Shenandoah Farms Subdivision. The property is zoned Residential (R-1) and is in the Shenandoah District. Zoning Administrator Chase Lenz briefed the Commission on the application. The applicant intends to manage the property himself with assistance from local professionals for cleaning, maintenance, and trash collection.  The Health Department certification limits occupancy to four persons. The property meets the minimum setback requirements from the county code. There were no speakers for or against the proposed permit, and the Commission paused the public hearing until next month’s meeting.

Vihari Vanga has requested a CUP for a short-term tourist rental for his property at 56 Sunset Village Road in the Junewood Subdivision. The property is zoned Residential (R-1) and is in the Fork District. The applicant intends to manage the rental himself with the assistance of an experienced local property manager. Zoning Administrator Lenz told the Commission that the CUP would require a setback waiver, as the property does not meet the short-term tourist rental supplemental regulations minimum setback requirement of 100 feet, as the nearest dwelling is 38 feet away. It was noted that dwelling is also a short-term tourist rental. The applicant did submit letters of support from each of the two neighboring properties. There were no speakers for the public hearing, and the Commission again paused the hearing until next month.

The County Planning Staff has submitted a request to amend the County Code, Chapter 180 with an updated definition for “Public Utility Distribution Facilities” to replace the “public Utility Poles, Lines, Transformers” language in the current code. The new language presented by the planning department defines the facilities as “Telephone lines, cable lines, fiber optic lines, electrical lines carrying electrical current not in excess of 34,500 volts, poles supporting such lines, transformers, pipes, meters, and other similar facilities, and facilities ancillary thereto, necessary for the distribution of public utility services to the residents of Warren County shall be permitted in all districts. This definition shall not be construed to include power generation or energy storage unless such uses are incidental.”

Zoning Administrator Lenz told the commission that the intent was to replace outdated and ambiguous language. Rappahannock Electric Cooperative provided comments that recommended that the 34,500 volt language should be replaced by referencing the Americana National Standards Institute (ANSI) standard C-84.1 for Medium Voltage class. This would further avoid technicalities in the future. Commissioner Kersjes echoed the Rappahannock recommendation and further observed that the 34,500 volt standard applied to residential distribution, but wouldn’t be practical for large-scale industrial systems. After a brief discussion, the commission decided to include the ANSI standard as amended in the text amendment that will go to the Board of Supervisors for final approval. Commissioner William Gordon inserted that language in his motion to recommend approval of the text amendment. Commissioner Kersjes seconded, and the vote to recommend approval was unanimous. The planning department will include the ANSI reference in the text amendment submitted to Board of Supervisor’s.

There was one item on the Consent Agenda to authorize advertisement of a public hearing on  Greg Kelly’s request for a CUP for a short-term tourist rental for a property at 886 Highridge Road in the South River District.

Under “New Business” the Commission heard a brief heads-up of an upcoming CUP for a Church, submitted by the Catholic Diocese of Arlington, on an 8.5-acre property adjoining the Northwestern Community Services property at the intersection of Luray Avenue and Criser Road in the South River District. The Property is zoned Agricultural (A). The CUP request will be formalized and public hearings scheduled once the town makes a decision about utility connections for the project.

Also, Foresight Design services will be requesting a rezoning from Agricultural (A) to Commercial (C) for a parcel at 99 Cedar Park Court in the Highway Corridor Overlay District.  The Applicant will also be seeking a CUP for the construction of a building with height in excess of 40 feet on that property. The plan calls for a hotel with a design height of 53 feet. The rezoning and development is in accordance with the future land use in the County’s Comprehensive Plan. Once the rezoning and CUP public hearings are completed, the site plans and permitting processes will follow.

Planning Director Matt Wendling describes an ‘ambitious’ schedule for completion of the rewrite of the County’s Comprehensive Plan. In fact, work has been underway on the plan since 2018, and remaining work is really updating and editing. The schedule calls for the plan to be in the hands of the County Board of Supervisors by July 2024.

Planning Director Wendling briefed the Commission on the ongoing rewrite of the County’s Comprehensive Plan. The schedule calls for an intensive edit, update, and review process in January and February 2024, followed by the Planning Commission public hearing in May with a draft then forwarded to the Board of Supervisors for its public hearing and consideration in July. Wendling recognized that the schedule presented was “ambitious” but he hopes to retain the services of the Regional Commission to help speed the process along. On that note, the new fee schedule implemented this past year has helped with revenue, and with approval of the supervisors should provide funding for Regional Commission planning support.

Chairman Robert Myers wished all present a happy holiday and adjourned the meeting at 8 p.m.