Down a Member to Begin June, County Supervisors are Unanimous in Approving All Items Before Them – Except One

Short-term Tourist Rentals Conditional Use Permitting (CUP) requests took up only three of seven public hearings at the Tuesday, June 4, regular meeting of the Warren County Board of Supervisors. Only one of those three was denied on a deadlocked 2-2 vote with Vice-Chairman “Jay” Butler absent, and Chair Cheryl Cullers and Vicky Cook voting no, and John Stanmeyer and Richard Jamieson voting for approval of the permitting application of Andres Barkil-Oteo for a property at 351 Donna Court in a Residential-One (R-1) District in the Shenandoah Farms  Magesterial District.

Apparently at issue for the negative voters was a request for a waiver of the 100-foot setback requirement from adjacent dwellings, with one to the west of the property reported by Zoning Administrator Chase Lenz at just 35-feet distance. With that issue unresolved at the time the County Planning Commission had forwarded a recommendation of denial.

Minus one member Tuesday, the supervisors deadlocked at 2-2 on one Short-term Rental permitting application resulting in denial. Everything else that came before them, 11 items total, was approved by 4-0 votes. Below, Zoning Administrator Chase Lenz, flanked by Planning Director Matt Wendling, was kept busy with permitting and code change summaries. Royal Examiner Photos Roger Bianchini

Involved staff occupies the rear of the WCGC main meeting room, with a sparse public gallery, two of whom rose at Public Comments on non-agenda business to complain about tax increases. One of those, Ann Miranda, was upset over personal property hikes, the other, Matthew Purdy, urged the board not to fully fund the county public school system, particularly if it involved a tax increase. Below, Sheriff Cline and Asst. Fire Chief Maiatico, center and right, are prepped for their departments coming business before the board.

However, Zoning Administrator Lenz reported that the applicant, who purchased the property in April and has a 4-bedroom residential dwelling still under construction, has since contacted a prospective buyer of the property to the west currently owned by a builder. This applicant consequently received an endorsement of the requested permitting, as that prospective buyer also plans to apply for Short-term Rental permitting, for which Barkil-Oteo indicated he will in turn support despite the proximity of the two homes. Lenz also reported that the Shenandoah Farms Property Owners Association reported no objection to the use and permitting.

There were no speakers at the public hearing and no additional board comment, leading to the motion to approve by Mr. Stanmeyer, seconded by Mr. Jamieson, with the 2-2 deadlock failing to gain approval. Another issue, while unstated by any board member, may have been what appeared to be two out-of-the area purchasers of county residential propeties for the express purpose of creating Short-term rental income.

Other public hearings in order of their agenda packet staff summaries, the following public hearings all received 4-0 votes of approval:

1. Public Hearing – Front Royal Little League Agreement for use of Little League Complex – presented by Deputy County Administrator Jane Meadows. Approved by 4-0 vote.
2. Public Hearing – CUP2024-04-01 – was the above-referenced Andres Barkil-Oteo Short-term Tourist Rental request and tie vote denial.
3. Public Hearing – CUP2024-04-02 – Fred & Christine Andreae (Lynx Properties, LLC) – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 6331 Page Valley Road and identified on tax map 41 as lot 46. The property is zoned Agricultural (A) and located in the South River Magisterial District. Approved by 4-0 vote.
4. Public Hearing – CUP2024-04-03 – Pennoni, Inc. – Green Pearl Hospitality, LLC – Ketan Pathak – For construction of a 4-story, 91-room motel. While Planning Director Matt Wendling explained the use was by-right in the district, a height waiver above the maximum 40-feet by code requires a Conditional Use Permit. The applicant proposes a 55-foot height for its structure located at (0) Hospitality Drive in Front Royal, VA … The subject property is located in part in the Highway Corridor Overlay District adjacent to the Marriot hotel off Shadows Drive and Hospitality Drive … in the North River Magisterial District. The proposed hotel/motel is designed to be 53-feet and the applicant is asking for an additional 2-feet as a buffer for a total height of 55-feet. A Concept Plan was submitted with the application. Approved by 4-0 vote.
5. Public Hearing – CUP2024-04-04 – William Johnson – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 381 Thompson Hollow Road and identified on tax map 42B, section 3, as lot 2. The property is zoned Residential-One (R-1) and located in the Thompson Hollow Acres subdivision in the South River Magisterial District. Approved by 4-0 vote.
6. Public Hearing – Z2024-04-01 – Campground – Michaun Pierre – A request to amend Chapter 180 of the Warren County Code to amend §180-8C to add definitions for Camping Unit and Tent, to modify the existing definitions of Commercial Campground and Commercial Camping, and to repeal the existing definitions of Unit Space, Vacation Camp, Day, and Vacation Camp, Overnight, to amend §180-21D to modify the listed Commercial Campground use and to repeal the listed Vacation Camp, Day/Overnight use in the Agricultural District Regulations, to amend §180-27D to modify the listed Commercial Campground use in the Commercial District Regulations, to amend §180-41 to modify the existing supplementary regulations for Commercial Campgrounds, and to amend §180-57 to repeal the existing supplementary regulations for Vacation Camp, Day or Overnight. – In response to a question by Supervisor Stanmeyer, Zoning Administrator Lenz said he did not believe any existing camping operations would be impacted by what appeared to be a code housecleaning to update codes to current circumstances. Board Chairman Cullers noted that upon her first reading she was afraid her visiting granchildren would have to get permits to put tents up on her property. She was assured that was not the case. Approved by 4-0 vote.
7. Public Hearing – Z2024-04-02 – Zoning District Regulations – Warren County Planning Staff – A request to amend Chapter 180 of the Warren County Code to amend §180-21 to make Public Schools permissible only by Conditional Use Permit in the Agricultural (A) District, to amend §180-25 to make Store/Dwelling Combination and Library permissible only by Conditional Use Permit in the Village Residential (VR) District, to amend §180-26 to add Church as a use permissible only by Conditional Use Permit in the Suburban Residential (SR) District, and to amend §180-28 to add Church as a use permitted by right in the Industrial (I) District. Approved by 4-0 vote.

NEW BUSINESS

Under New Business a 24-item Consent Agenda was presented, three of those items removed for discussion. On a motion by Mr. Jamieson, second by Mr. Stanmeyer, the Consent Agenda was approved as amended without items 14,15, and 16.

14. FY24 – Byrne Justice/Assistance Grant – LE Equipment
15. Pending – Amendment to WC Handbook Section 5.9 – Supplemental Pay Plan (Canine Handler)
16. Pending – Amendment to WC Handbook Section 6.11 Accrued Paid Leave

The first two items involved Sheriff’s Office K-9 handlers and their dogs, equipment acquistion, and compensation for taking their animals home to be cared for off duty. The third involved acrued paid sick leave, as explained by Deputy County Administrator Jane Meadows. After some discussion all three items were  approved by 4-0 votes.

Involved staff occupies the rear of the WCGC main meeting room, with a sparse public gallery, two of whom rose at Public Comments on non-agenda business to complain about tax increases. One of those, Ann Miranda, was upset over personal property hikes, the other, Matthew Purdy, urged the board not to fully fund the county public school system, particularly if it involved a tax increase. Below, Sheriff Cline and Asst. Fire Chief Maiatico, center and right, are prepped for their departments coming business before the board.

Also under New Business, Assistant Fire Chief Gerry Maiatico explained a pending Memorandum of Agreement involving County of Warren, PHI Health, LLC (Air Care), and the Rivermont Volunteer Fire Department. He summarized the staff provided summary, which observed:

“PHI Health, LLC Medivac Helicopter (AirCare) has requested that the Department of Fire and Rescue Services, the County of Warren, and the Rivermont VFD allow temporary housing of AirCare staff while they work to replace their housing unit at the Front Royal/Warren County Airport. This project will involve removal of the current trailer housing unit and installation of a new trailer housing unit to meet the needs of their response program.”

The staff summary noted close work between Maiatico, Aircare staff, Rivermont VFD leadership and the WCFR assigned staff at Rivermont VFD to ensure this program would not interfere with the daily operations of the station.

“This process is anticipated to begin mid-June with a target completion timeframe of forty-five (45) days. In review of this proposal, WCFR Staff has determined this to be a viable option to ensure a continuity of operations for the AirCare Medivac Helecopter Services which ensures the protection of Warren County citizens through timely access to those services rendered through air medical transport.

“A memorandum of agreement … has been reviewed by the Rivermont VFD Board of Directors which voted to support the agreement and authorize the President of Rivermont VFD to execute such agreement. Additionally, the agreement has been reviewed by County Administration. Review of the agreement by PHI is pending.

“There is no anticipated cost to the County of Warren. PHI, LLC has agreed to pay the Rivermont VFD $20 per day for any ancillary cost incurred by the station as a result of this program. This amount has been agreed upon by the Rivermont VFD Board of Directors.”

The MOA was also approved by a 4-0 vote on a motion by Mr. Jamieson, second by Ms. Cook.

Prior to the open meeting the board convened a Closed/Executive Session at 5 p.m. to discuss the range of legal actions revolving around the EDA “financial scandal” involving the Town of Front Royal, Jennifer McDonald, the EDA, County of Warren, and involved banks. The board came out of the closed meeting room at 7 p.m., with the open meeting starting at 7:05 p.m.

With no additional New Business following Assistant Fire Chief Maiatico’s report, adjournment came at 8:23 p.m.

Click here to watch the Board of Supervisors Meeting of June 4, 2024.