County Planning Commission faces accelerating rate of applications for short-term tourist rental permits

At its regular meeting on February 9, the Planning Commission reviewed seven Conditional Use Permit (CUP) requests and faces nearly as many pending requests. Since 2006, at least 47 properties in the county have been permitted for short-term tourist rentals. A further 16 are in progress. Fourteen properties have been grandfathered that were in operation before the county ordinance was passed. A few of the permit requests have been challenged by neighbors, but only 10 have been denied. Twenty have been withdrawn, are inactive, or expired. A review of listing services such as VRBO, HomeToGo, and AirB&B reveals that at least 46 properties in the county are advertised as available. It’s clear that the math can work for the property owners – average nightly rate for these facilities hovers around $250 and can go much higher for larger facilities.

That leads to the question – How has the increase in short-term tourist rental traffic affected the county? Besides the fact that tourist trade brings money into the local economy in local dining, shopping, and lodging, the transient lodging tax of 5% and the $500 permit fee together contribute to the county tourism budget revenue stream. Consequently, the county government benefits if the tourist rentals are successful. In previous meetings, some neighboring property owners have expressed opposition to the short-term tourist rental use, citing traffic safety problems, potential uncontrolled tenant behaviors such as trespassing or noise, in general, disruption of the quiet rural lifestyle. According to Warren County Deputy Planning Director Matt Wendling, most of neighborhood pre-permit objections boil down to concerns about privacy and security. On the bright side, as it turns out there have been no complaints received by the planning office against permitted properties. Meanwhile the commission continues its review of permit requests.

Aaron Hike is applying for a CUP for his residentially zoned (R-1) property on Pineview Drive in the Shenandoah Magisterial District. The planning staff outlined the project details and there were no citizen speakers for or against. The commission voted unanimously to recommend approval, and the request will now go to the Board of Supervisors.

Jana & Aaron Bricco are requesting a conditional use permit for a short-term tourist rental. The property is located at 179 Cliff Road and zoned Residential (R-1) and located in the Shenandoah Magisterial District. Deputy Planning Director Wendling briefed the commissioners on the project and with no objections from the public hearing, the commission again voted unanimously to recommend approval.

Simon Booth & Rachel Ward have made a request for a conditional use permit for a short-term tourist rental for their residentially zoned (R-1) property at 627 Vesey Drive in the Shenandoah Magisterial District. Again, no citizens spoke to the request, and the Commission without discussion unanimously recommended approval.

Karen Thomson has submitted a request for a conditional use permit for a short-term tourist rental. The property is located at 535 Sunset Village Road in the Junewood Subdivision. The property is zoned Residential-1 (R-1) and located in the Fork Magisterial District. There were no citizen speakers and the Commission unanimously recommended approval.

Next was a request from Michael Ney for a conditional use permit for a short-term tourist rental for his property at 207 Riverview Shores Drive. The property is zoned Residential-1 (R-1) and is in the Shenandoah Magisterial District. Although one neighboring property owner had provided written concerns in opposition to the proposal, there were no speakers present to object. The complaint letter was provided to the commission members. The Commission, after a brief discussion, voted unanimously to recommend approval.

Alvand Khoshgavar is requesting a conditional use permit for a short-term tourist rental for his residentially zoned property located at 668 Old Dam Road in the Shenandoah Magisterial District. It fronts on the Shenandoah River. The planning staff told the commission that this applicant is requesting a waiver to the County’s setback requirement, which stipulates 100 feet of separation between neighboring dwellings. The applicant addressed the commission and stated that his neighbor who lives in the nearest neighboring property will also be the property manager for the rental property and has previously expressed his support for the use both verbally and in writing. After some discussion by the members, the commission voted unanimously to recommend approval.

Conditional Use permit applicant Alvand Khoshgavar describes his short term tourist rental to skeptical commissioners who questioned the permit based on the need for a waiver of the county’s setback requirements. Commissioners eventually voted unanimously to recommend approval.

Jennifer Anderson & Christopher Olszewski have applied for a conditional use permit for a short-term tourist rental for their property located at 1240 Downing Farm Road. It is zoned Agricultural (A). It is in the Fork Magisterial District. The property is uniquely configured with two living units separated by a breezeway. The applicants plan to rent out one side while maintaining the other as their residence.

The public hearing yielded one speaker, Lyle Henschel, who told the commission that the Property Owners Association restrictive covenants require only residential uses. Vice Chairman Henry then stated that short term rentals are by state definition, a residential use, adding further as has been noted previously, that the County cannot enforce POA rules. The applicants gave a short briefing about the plan and answered questions by the commission. The Commission then unanimously recommended approval.

The Royal Examiner reached out to the couple to find out a little more about their background and reason for choosing Warren County.

RE: When did you decide you wanted to be tourist rental hosts? Had you already purchased the property when you decided?

“We had stayed in short-term rentals when traveling and had met great hosts who had welcomed us into their homes and communities. We loved being able to feel like a local and get a sense of the true personality and charm of a place.

“We had an inkling that we’d like to do the same in the future and pay it forward. We also love hosting friends and family and thought it would be a good fit. We know that a lot of people in the D.C. area come for day trips; more short-term rental options allow them to extend their stays through the weekend and discover everything Warren County has to offer. “One of the qualities that drew us to our home is its unique set up — there’s a guest suite that’s attached to the main part of the cabin, allowing us to host guests in a private place while we’re still enjoying our own home. Short term rental arrangements allow us to host when we don’t have friends or family visiting, and it also easily lets us take a break if we want to keep to ourselves for a while.”

RE: What drew you to Warren County?

“One of our friends is from Front Royal and it was great to get to know her hometown through her experiences and recommendations. Locals are the best introduction to any place. We love how much there is to do here when we’re feeling active, from the hikes in Shenandoah National Park to kayaking on the river. But we also love the peace and tranquility when we just want to relax. We love the energy in the community, from the small businesses on Main Street to how involved everyone is, and we wanted to be part of it.”

Jennifer Anderson testifies before the County Planning Commission regarding her request for a conditional use permit for short-term tourist rental. The Commission ultimately recommended approval.

In its final action, the commission reviewed a proposed amendment to Chapter 180 of the Warren County Code. That amendment defines “Family Day Home” as a child care day program offered in the residence of the applicant for between 5 and 12 children. Including this category as a permitted use will increase availability of child care in the county while also regulating the conditions necessary for operation under the state regulatory authority for social services and education. The Commission listened to Dawn Sullivan, the originator of the request, explain the rationale behind the change, to expand child care service and ensure they are properly regulated.

Dawn Sullivan addresses the Planning Commission to explain the need for Family Day Homes to be defined by ordinance and expanded to meet the County population’s daycare needs.

The consent agenda for the meeting consisted of authorization to advertise public hearings for five conditional use permit requests and one zoning ordinance change. Those items will be on the agenda for next month’s meeting on March 9.

Planning Director Joe Petty announced that he had accepted the position of Director of the Warren County EDA as a county departmental position.

Chairman Myers adjourned the meeting at 8:15 p.m.