County Planning Commission mulls change of use permits

The Warren County Planning Commission met October 14^th in the Government Center, combining a joint work session with the Agricultural and Forestal District Advisory Committee, and the regular commission meeting.  The advisory committee, consisting of 10 members appointed by the County Board of Supervisors, including 8 landowners, a member of the board, and the Commissioner of the Revenue.

County Planning Director Taryn Logan informs the Commission of the duties of the Advisory Committee before their PowerPoint presentation.

The committee presented its report and recommendation for the renewal of the three Forestal Districts in Warren County:  Rockland, South River, and Limeton.  Each district exists to encourage the development and improvement of Virginia’s agricultural and forestal lands for the production of food and other agricultural and forestal products.  The districts are formed by voluntary action of participating landowners in any district.  The Rockland district was formed in 1977 following enabling legislation.  These special districts provide community benefits in the form of protection of the character of the community and continued rural uses of the land, potential tax benefits for participating landowners, and restrictions on government actions within the district, such as special review for any eminent domain or use restrictions that may adversely affect it.

The renewal request, for a period of 10 years, includes 196 parcels in the Rockland district, 35 in South River, and 20 in Limeton.  The Planning Commission voted unanimously to forward the package to the Board of Supervisors recommending their approval of the continuation of the districts.

Once the work session was concluded, the planning commission regular meeting was called to order.  Once the agenda and the minutes of the previous meeting were approved, Chairman Myers opened the floor for public presentations, and there were none.  Opportunities for public presentations are included at every Planning Commission meeting and intended to allow any member of the public to address relevant planning issues to the commission that are not included on the regular agenda.

The Public Hearing portion of the meeting opened with the review of a request by property owners Kevin and Renee Roig, and Daniel and Samantha Nobles, for a conditional use permit for a short-term tourist rental of their property at 2686 Panhandle Road in the Fork Magisterial District.  The property is zoned Agricultural.  The applicants purchased the property as a second home for their own use and determined to help offset the maintenance and operating costs by offering Bed & Breakfast accommodations through Airbnb.  There is no Property Owners Association for this property and all setback requirements have been met.  The home is 948 feet from the nearest dwelling.  The Applicants have been working with the planning department to provide all required documents and the conditional use permit will require compliance with all county ordinances, identifying prohibited activities, health department requirements, with occupancy requirements not to exceed 6 persons.

Resident Randy Weir weighs in. Photo/Stephen Sill

Chairman Myers opened the floor for public comment, and there were eight neighboring residents who offered their input on the request – Their comments ranged from concerns about unknown persons wandering around the neighborhood to noisy activities to potential trespassing, to potential increased traffic on a very rural road with mountainous terrain, to the endangerment of livestock, to general complaints about the use of the property as a “business”.  All the speakers were opposed to the permit being approved.  A former owner of the property indicated that the installed septic system required several treatments and was concerned that guests may not perform the required treatments and thereby endanger the groundwater that the system was designed to protect.  A recurring theme of the comments was that allowing this use of the property would not be in character for a close-knit neighborhood of long-standing.

Once all comments had been made, the Chairman closed the public comment period and asked the applicants, represented by Renee Roig and Samantha Nobles, to respond to the comments from the neighbors if they wished.  The applicants began by expressing their appreciation for the input and for the attention of the planning department and the commission for allowing them to comment.  They stressed their desire to be part of the community – acknowledging that the COVID-19 pandemic had restricted their ability to have more communication with their new neighbors.  They assured the commissioners that their original and primary reason for the purchase of the property was as a second home for their families’ use, given that it is only an hour and a half drive from their homes.  They indicated that their intent was to fulfill any requirements that would allay the fears of their neighbors about the use as a tourist rental, including screening of guests and prohibiting any dangerous activities such as shooting, open fires, or fireworks. Finally, they reminded the commissioners that if the permit was not approved, they still intended to use the property as a getaway home for their own families.

Chairman Myers thanked the applicants for their comments.  He reminded the audience that the Virginia legislature has declared that Short-term tourist rental is not considered commercial use and that, on the other hand, a long-term rental is a by-right use.  A tourist renter who is a problem is likely to be very temporary, but a long-term tenant can be a far greater problem.

Vice-Chairman Henry also commented that short-term tourist rentals often improve a property and its environment since they have to be maintained to a high standard to attract guests.  He also cautioned against viewing profit as a bad thing, and that there is a need for balance in assessing the impact of use on the community.

Commissioner Beall pointed out that a person is entitled to use their own property as they see fit, so long as the use is legal.  But she had mixed feelings about the situation.

Commissioner Kersjes asked if the septic system was compliant, and vice-chairman Henry responded that it was, but it did require some additional maintenance to operate properly, and it could be beneficial to make that an additional condition for issuance of the permit, along with any others that would be appropriate.

Chairman Myers reiterated that approval of the permit application is only a recommendation to the Board of Supervisors, who has the final approval authority.

Matt Wendling from the Planning Department told the commissioners that markings for property lines, rules of behavior for guests, and emergency contact information would be included in the Property Management plan, required as a condition of approval.

Vice-Chairman Henry then asked if the motion to approve could be amended to include additional requirements, such as septic system maintenance or other restrictions.

Vice-Chairman Henry offered an amended motion to recommend approval, seconded by Commissioner Kersjes, approved unanimously.

The commission then turned to the second public hearing on the agenda, that of a Zoning Ordinance text amendment, to amend Chapter 180 of the Warren County Code (Zoning Ordinance) to add “rural events facility” as a use allowed by conditional use permit in the Agricultural (A) zoning district.  After a reading of the amended text, Vice Chairman Henry offered a motion to recommend approval of the text amendment to the Board of Supervisors, Commissioner Kersjes seconded.  The motion was approved unanimously.

The commission then considered a request for a conditional use permit for a rural events facility on Lee Burke road in the Fork District that would host weddings and other events on a 41-acre parcel of agricultural land.  The Applicant, Shelly Cook, wishes to incorporate these events in the agricultural setting and has developed a plan for its use that is undergoing engineering at this time.  Planning Staff recommends that if the Planning Commission recommends approval, that conditions such as compliance with all Health Department, VDOT, and Warren County Fire and Rescue requirements, as well as those of the Planning Department.

Chairman Myers then opened the floor for public comments.  There were 4 speakers who expressed support for the project in general but were concerned that they did not have enough information about the final placement of the event facility on the project.  The applicant explained that the engineering work was not yet complete, but that the placement would be in a location approved by the Planning Department.  Some concerns regarding music, lights, alcohol consumption, and hours of operation were raised by the commenters.  The applicant explained that the facility itself would not be serving alcohol, and individual vendors would have to serve in compliance with all applicable laws.

The Chairman then closed the public hearing and turned to the commissioners for any questions or comments.  Commissioner Kersjes raised the issue of proximity to the senior living facility on the adjoining property and asked if the light or music might create an issue for the residents there.  The applicant indicated she had spoken with the onsite manager there, but not with the facility owners, who are out of state.  The onsite manager indicated no conflict with it.  Vice-Chairman Henry asked if the applicant had subdivision rights for the property should this use not work out.  The applicant indicated she did.

Following the discussion, Vice-Chairman Henry made a motion to recommend approval, seconded by Commissioner Longo.  The motion was approved unanimously. The Commission then considered two requests for Authorization to Advertise for public hearings.

David and Nita Sudlow are requesting a Conditional use permit for a Chapel on their property at 6435 Strasburg Rd, in the Fork Magisterial District.  The chapel is to be located in a structure that was a garage.  The chapel will not be a formal church but will be limited to groups of 49 or less.  Commissioner Kersjes offered a motion to approve an authorization to advertise for a public hearing, Commissioner Longo seconded.  Approval was unanimous.

Finally, the commission considered a second conditional use permit for David and Nita Sudlow for a guest house in an existing structure on the same property.  The project will require an upgraded septic system that meets the Virginia Department of Health Requirements.  Vice-Chairman Henry offered the motion to approve the authorization to advertise, Commissioner Kersjes seconded.

The Chairman then made comments regarding the need for better traffic control at the corner of John Marshall Highway and High Knob road.  Planning Director Logan acknowledged the concern and reminded the commissioners that VDOT approval is a lengthy process and the problem is one of long-standing.

Previous articles in the Royal Examiner have addressed the most critical problem with that intersection:

“Driver inattentiveness is a serious issue on the approaches to High Knob, complicated as they are westbound from Linden by a blind hill approach to the entrance, and from the east and Front Royal by a looping curved approach.” – Roger Bianchini, November 19, 2018

Planning Director Logan also announced the retirement of longtime Planning Department Administrative assistant Cindy Kokernak, who will be greatly missed.

Chairman Myers adjourned the meeting at 9:00 PM.

Driver inattentiveness cited at top of safety issues in Route 55 E corridor