County Planning Commission tackles unique down-zoning request in Linden

At its regular meeting on October 12, the Warren County Planning Commission faced a mixed agenda of Conditional Use Permit (CUP) requests and a rezoning request.  Once the agenda and minutes were approved, there was a single speaker for the public presentations, which are limited to planning and zoning subjects not included in the current agenda.  Elizabeth McDonough gently chided the commission for not beginning its meetings with a Pledge of Allegiance.  After a quick query to Assistant County Attorney Caitlin Jordan and no objection from Commission members, Chairman Myers added the pledge to the order of business and forthwith carried it out.

Resident Elizabeth McDonough asks the Commission to include the Pledge of Allegiance in its proceedings. The Commission quickly amended its process, perhaps the fastest policy change in its history.

The public hearing portion of the meeting consisted of four items.

First, Ryan Wesley Eshelman has submitted a request for a CUP for a Commercial Repair Garage with Single Family Dwelling at 1034 Rivermont Dr. in the Fork Magisterial District.  Eshelman’s father operated a repair garage on that site from 1987 to 2009, and the permit has since expired.  The applicant plans to use the existing 36×50’ building for the business.  After a brief discussion, the commissioners voted on a motion by Vice-Chairman Hugh Henry, Seconded by Commissioner Kaylee Richardson, to unanimously recommend approval of the request.

Second, Cindy L. Duvall has requested a CUP for a short-term tourist rental. The property is located at 197 Marissa Court in the Shenandoah Magisterial District. The property is zoned Agricultural (A), not in a subdivision governed by a Home Owners Association (HOA).  The applicant plans to use the basement of her dwelling as a short-term rental and will manage it personally with the help of a local professional for trash removal.  There were no public speakers for or against the proposed permit, and the Commission voted on a motion by Commissioner Richardson, seconded by Commissioner Scott Kersjes, to unanimously recommend approval of the permit.

Third, also in the CUP request category, Jay Newell is requesting a CUP for Private Use Camping (non-commercial) on Avalon Drive in the Shenandoah River Estates subdivision. The property is in the Special Flood Hazard Area (SFHA) and is hence unbuildable for dwellings. The property is zoned Residential One (R-1) and is located in the Shenandoah Magisterial District. The applicant currently uses the property for storage of outdoor and recreational equipment.

Recently, the applicant was issued a Notice of Violation for camping without an approved private-use camping permit.  He resolved the violation by moving the recreational vehicle stored there to the driveway of his dwelling on a nearby developed lot and applied for a legal permit to use the lot.

There was one speaker in support of the request, and the planning department received two anonymous letters opposed to it, citing the appearance of the materials stored on the lot, characterizing it as “a salvage yard.”  The planning department showed a picture taken on October 4 of the temporary carport on the property surrounded by manicured lawn.  Planning Director Matt Wendling said the challenge with these lots is that they cannot be used for dwellings under the SHFA requirements, so owners are forced to make use of them as best they can for recreational river access, subject to the conditions of the permit and floodway rules for emergency evacuation.

County Planning Commission Vice Chairman Hugh Henry emphasizes a point about conditional use permits as the Commission considers approval of a private use camping conditional use permit along the Shenandoah River. The commission went on to recommend approval.

CUPs are conditional by ordinance, and the county can revoke them for noncompliance with the conditions.  Vice Chairman Henry made a motion to recommend approval, seconded by Commissioner Richardson, and the commission’s vote was unanimous.

And fourth, P. Associates, represented by Ray Pennington III, has requested to rezone a large tract of woodland in the Blue Ridge Reserves subdivision in Linden.  The 614-acre tract off Reynolds Drive in the Shenandoah District had originally been platted into 741 single-family residential (R-1) parcels, and under this new proposal, the number of parcels would be reduced to three and Agriculturally zoned.  The parcels would range in size from 97 to 290 acres.

The majority of this parcel was placed in a conservation easement in 2012, and If the rezoning request is approved, it would be restricted to agricultural or forestal activities consistent with and conforming to uses and development allowed by the Conservation Easement.  That would include sheds and barns, a total of six dwelling houses, again limited in size and location.  A Conservation Easement is a right formally granted to the County by a property owner that runs with the land in perpetuity to limit or prohibit development.

Nearby property owners have the benefit of limited development, radically reduced density, and unspoiled natural surroundings.  The zoning request attracted some neighborhood opposition, even though the result of the rezoning would be a 90% reduction in allowable development intensity for the tract. Four speakers addressed the commission regarding the request.

Kathleen Mancini asked the commission to conduct an impact study for the rezoning to determine whether neighboring properties would have a downside.  David Poe told the commissioners that it was his understanding that the property in question would remain residential.  Changing the zoning to agricultural would allow heavy equipment to disrupt traffic in the adjoining areas and create dust and noise.

Roads going through the Shenandoah Farms Subdivision to these parcels will be affected, although it is difficult to see how the elimination of almost all development would do that.  Sanitary District impact fees are charged for the development of properties within the subdivision, but the applicant’s property falls outside the sanitary district.  From the comments by speakers, it appears that a previous rezoning of a different parcel within that conservation easement, made to accommodate that property owner’s need for an equipment shed, led to the impression that activities such as shooting and unrestrained ATV use would be allowed on these parcels.

Planning Director Wendling reminded the commission and the audience that the previous zoning decision was entirely separate from this one and had nothing to do with it.  Robert Light, an Attorney representing the applicant, told the Commissioners that an impact study is inappropriate for a down-zoning since it radically reduces the development intensity.

After some discussion, a motion was made by Vice Chairman Henry, seconded by Commissioner Richardson, and the Commission voted unanimously to recommend approval.

All the Planning Commission’s approval recommendations will go to the County Board of Supervisors for final action.

The Consent Agenda consisted of three upcoming items to be advertised for the next Planning Commission meeting on November 9th:

Maura & Daan De Raedt – A request for a CUP for a Short-term Tourist Rental. The residentially zoned (R-1) property is located at 54 Arrowood Road. in the Happy Creek Magisterial District.

Wendy C. Willis – A request for a CUP for a Short-term Tourist Rental. The property is located at 154 Woodthrush Way in the Shenandoah Magisterial District.

Antony J. Constable – A request for a CUP for Short-term Tourist Rental. The property is located at 195 Old Oak Lane in the Shenandoah Magisterial District. The property is zoned Residential (R-1).

Commissioner Gregory Huson joins the County Planning Commission, replacing longtime member Joe Longo, who resigned in July.

At his first meeting, Chairman Myers recognized new Commissioner Gregory Huson of the Shenandoah District.  Commissioner Huson said he was looking forward to serving the community on the commission.

Planning Director Wendling told the commissioners that the Front Royal Planning Commission is closing in on completing the Town’s Comprehensive Plan and hopes to have it largely completed by the end of the year.  He said that he had been in touch with Town Planning Director Lauren Kopishke, and they would like to have a joint meeting of the two Planning Commissions to take advantage of the knowledge gained during the process.

Chairman Myers Adjourned the meeting at 8:40 p.m.