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Planning Commission Questions County Proposal to Make Itself Exempt From Zoning Regulations

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The Warren County Planning Commission was back up to full strength on Wednesday, August 9, with the addition of Commissioner William Gordon, who previously served on the Town’s Planning Commission. Commission Chairman Robert Myers welcomed Commissioner Gordon aboard. Following some more routine business to be covered in a separate story, Gordon got his tenure on the County Planning Commission off to what may be a brewing firestorm. That firestorm appears to revolve around the County avoiding adhering to its own zoning regulations, including what it would seem as they apply to Sanitary Districts.

The Commission turned its attention to five proposed text amendments to the County’s zoning ordinance. The first and potentially most controversial of these involves Section 180-6 (Application of Regulations) and adds an exemption for county-owned properties from the provisions of the Zoning Ordinance. The rationale given in the application cited a recent Conditional Use Permit application initiated by County planning staff for a public protection facility (fire station) on County-owned property. County Attorney Jason Ham had advised the Board of Supervisors to remove all Planning Commission-recommended conditions due to the potential conflict of the enforcement of those conditions by County staff on County-owned property. Following the approval of that Conditional Use Permit with no conditions by the Board of Supervisors, the county attorney advised planning staff to proceed with an ordinance amendment to avoid this issue in the future. The text as proposed reads:

“Properties owned by the County of Warren, Virginia, or the Board of Supervisors of the County of Warren, Virginia shall not be subject to the ordinances, regulations, and requirements set forth in this chapter.”

County Planning Director Matt Wendling explains the rationale for the County exempting itself from compliance with the county’s Zoning Ordinance. Assistant County Attorney Caitlin Jordan jumped in to explain it was mainly an effort to avoid the County having to enforce permit conditions on itself. The Commission decided to postpone authorization to advertise a public hearing and send the proposal back to the Planning Department for further consultation with the County Attorney and the potential narrowing of any exemption. Royal Examiner Photos Stephen Sill

Predictably, there was some immediate resistance to that text amendment language.  Even with explanations by Planning Director Matt Wendling and Senior Deputy County Attorney Caitlin Jordan that the language was an attempt to avoid a conflict inherent in the county enforcing provisions on itself, both Commissioner Hugh Henry and Commissioner Gordon questioned whether this language was unreasonably broad. The County is charged with enforcing the Zoning Ordinance for all property owners.

Some quick research could not find any other examples of this exemption in Virginia. At least one county, Loudoun, exempts only “those areas determined by law to be under the sovereign control of the United States of America or the Commonwealth of Virginia.”

After some lively discussion, Vice-Chairman Henry, Seconded by Commissioner Gordon, moved to send the proposed text amendment back to the planning department with the intent of refining the language prior to advertising for a public hearing. That motion passed unanimously.

Short-term Tourist Rental codes

The second Zoning Ordinance text amendment presented to the commission relates to the Short-term Tourist Rental provisions in the Ordinance. Zoning Administrator Chase Lenz explained the proposed text amendments. The short-term tourist rental use was originally added with supplementary regulations to the Warren County zoning ordinance on April 17, 2012, as a use permitted by right for properties over five acres in size in the Agricultural (A) Zoning District and as a use permitted by Conditional Use Permit in the R-1 Zoning District and for properties under five acres in size in the Agricultural Zoning District.

The zoning ordinance was amended on November 18, 2014, to amend and add to the supplementary regulations for short-term tourist rentals and to modify the listed uses in the A Zoning District to make all short-term tourist rentals permitted by Conditional Use Permit in the A district. On January 17, 2017, the Board approved an amendment to add short-term tourist rental as a use permitted by Conditional Use Permit in the Rural Residential (RR) Zoning District. In the years since these amendments, the Planning Commission and Board of Supervisors have identified the need for additional supplementary regulations and for amendments to the existing supplementary regulations. The planning staff was tasked with preparing options for amending the supplementary regulations in response to uncertainty regarding certain requirements.

  • Subsection A: amend the language to clarify conditional use permit and certificate of zoning procedures and remove confusing language.
  • Subsection E: amend language for clarity and add a provision for a small identification sign.
  • Subsection H: amend the language to require a property management plan to be submitted as part of the application for the conditional use permit, add language to require local points of contact primarily located within 30 miles of the property used for short-term rentals available to respond immediately to complaints, clean up garbage, manage unruly tenant and utility issues, etc., and to move separate existing supplemental regulations applicable to the property management plan to this subsection.
  • Subsection I: amend language related to HOA/POA approval/disapproval to better reflect the Planning Department’s standard procedure of requesting comments from local agencies.
  • Subsection J: add language to allow for other reliable means of telecommunication in lieu of a physical landline phone.
  • Subsection K: move the existing requirement of an emergency evacuation plan to be supplied as a supplement to the property management plan to subsection H and replace it with a restriction for outdoor burning and use of fireworks by transient guests.
  • Subsection L: move the existing requirement of the noise ordinance to be posted with the property management plan in the dwelling used as a short-term tourist rental to subsection H and replace it with a restriction for the discharge of firearms and hunting on the property by transient guests.
  • Subsection M: move the regulation regarding revocation of the conditional use permit for failure to comply with approved conditions or supplementary regulations to subsection O and replace it with a restriction for the use of All-Terrain Vehicles on the property and on state, county, and subdivision roads by transient guests.
  • Subsection N: remove the requirement for outdoor burning to be in compliance with Chapter 92 of the Warren County Code and replace it with a requirement to register for a business license and transient occupancy tax account with the Commissioner of Revenue prior to establishing the use.
  • Subsection O: remove the requirement for 100 feet of separation between the short-term tourist rental dwelling and all neighboring dwellings and replace it with a regulation regarding revocation of the conditional use permit for failure to comply with approved conditions or supplementary regulations.

The proposed amendments to subsections A, E, I, J, and N are recommended by Planning staff for the purposes of clarification and organization in response to points of confusion in the supplementary regulations identified by Planning staff and brought to the attention of Planning staff by confused applicants.

The proposed amendment to subsection H is recommended by Planning staff in response to a request from the Board that the property management plan be submitted with the initial conditional use permit application and that the meaning of “local” in local points of contact be given clear and measurable context. The property management plan, emergency evacuation plan, and County noise ordinance are required to be posted in the dwelling used as a short-term tourist rental. The Planning staff believes these requirements should all be under a single subsection for the purpose of improving the organization.

The proposed amendments to subsections K, L, and M are recommended by Planning staff in response to a request from the Planning Commission that these specific activities be prohibited for transient guests. All conditional use permits for short-term tourist rentals since the beginning of 2022 have approved conditions prohibiting guests from these specific activities.

The proposed amendment to subsection O to remove the 100-foot setback requirement from neighboring dwellings is recommended by Planning staff in response to a request from the Board of Supervisors that this requirement be reviewed and options be presented to replace the existing requirement. The current placement of this 100-foot setback requirement in the supplementary regulations allows for the requirement to be waived by the Board of Supervisors, which has led to confusion and debate among Board members when deciding whether the setback requirement should be waived. Option A and Option B of the draft ordinance propose separate options for addressing this issue.

Zoning Administrator Chase Lenz details the recommended changes to the County’s Short-term tourist rental ordinance to reduce confusion and inconsistencies. The proposed text amendment will be the subject of a public hearing at the Sept. 13 Commission meeting.

Option, A of the draft ordinance proposes moving the requirement of 100 feet of separation between the dwelling used as a short-term tourist rental and all neighboring dwellings from the supplementary regulations to the listed use in the R-1 zoning district regulations. If Option A is adopted, the setback requirement only applies in the R-1 district, it cannot be waived, and all dwellings on properties in the R-1 zoning district which do not have 100 feet of separation from neighboring dwellings are prohibited from being used as a short-term tourist rental. As of July 26, 2023, the Board has been presented with a request to waive the setback requirement for 15 separate conditional-use permit applications for short-term tourist rentals. The Board has only denied 3 of those 15 applications; 14 of the 15 applications with a setback waiver request were for properties in the R-1 zoning district, and the 1 application for a property in the A district was approved with a waiver to the setback requirement. Planning staff has observed that the setback requirement is largely only applicable in the R-1 zoning district. Planning staff recommends if the Board is to keep a 100-foot setback requirement from all neighboring dwellings that, the requirement only be applied to the R-1 district and that the requirement cannot be waived. This will help guide the short-term tourist rental use of properties away from the higher density R-1 subdivisions and to subdivisions where the impact of the proximity of the dwellings is less prevalent.


Option B of the draft ordinance proposes completely removing the requirement of 100 feet of separation between the dwelling used as a short-term tourist rental and neighboring dwellings. If Option B is adopted, there will be no minimum separation requirement from neighboring dwellings for short-term tourist rentals in any zoning district where short-term tourist rental is permitted use.

Commissioner Kersjes observed that the 100-ft setback requirement is somewhat arbitrary, but it does serve as a guide to cut down on conflict with neighboring properties.  The two options would be presented to the Commission with the public hearing next month.  On a motion by Vice Chairman Henry, seconded by Commissioner Kersjes, the commission voted unanimously to approve the authorization to advertise for public hearing.

Another proposed Chapter 180 text amendment concerns property lighting.  The staff has received complaints about glare and exterior flood lights aimed toward neighboring homes causing a nuisance and also excessive lighting on roadways from commercial properties. The current code has no way to enforce and regulate these issues. The staff has written this new proposed code which would give staff the ability to help all residents that are having these concerns by sending a “Notice of Violations” citing the new section. This new code also puts lighting restrictions on property lines, roadways, parking lots, and other locations in the Residential, Commercial, and Industrial districts, which would be measured by footcandles and not by the wattage of the specific bulb.  On a motion by Vice Chairman Henry, Seconded by Commissioner Gordon, the Commission voted unanimously to authorize the advertisement of a public hearing.

The Commission then considered two requests to amend Chapter 180 of the Warren County Code, in this case, §180-21, to add provisions for family subdivisions and combinations of subdivisions, cluster, and family subdivisions to the zoning ordinance in the Agricultural (A) zoning district.

This request is being requested by County staff to meet the need for additional options for housing for families who live and work in Warren County and is one of the goals of the Comprehensive Plan.

The Land Use and Development Chapter #4 of the Comp Plan section #3 on Housing and Community Development states as a goal, “To provide, throughout the County, residential areas that offer quality, residential development that does not deplete County resources and protects rural character.”

The Agricultural Zoning district, which includes nearly 60% percent of the land in the County, offers more flexible housing alternatives for single-family dwellings such as manufactured/modular, modular, and standard “stick” built homes as an alternative housing type in that zoning district. This lower-density use of the subdivision of land allows for a broader distribution of residential development in the Agricultural areas to allow families who want to continue to reside in the County near other family members, be they elderly or young families. Family subdivisions are not required to have an access road built to State standards as required for Cluster subdivisions or have direct access to a state road or with frontage along as State as required by a Class A subdivision. Family subdivisions can also be a minimum of 1.5 acres which allows for the 6 subdivisions of land in a lot of 10 acres. The minimum acreage for a non-family (Class A) lot in the Agricultural zoning district is 2 acres.

The request provides a solution to property owners of Warren County who have lived and owned their properties for more than 5 years to have an additional two lots for family members who plan to stay in the County for 5 or more years once the subdivision has been approved. It also allows for parents to remain in their homes or build smaller homes on the new lot and allow their immediate family members to purchase the home they may have grown up in, providing housing for both existing and future needs of families. This allows the County to meet the goals and objectives of the Comprehensive Plan in keeping the rural character of the community intact.

The amendments to the Code now require that all Family Subdivisions of land be required to meet the rules and regulations of the health department for the approval of the subdivision by the County Subdivision Administrator.

After a brief discussion on a motion by Vice Chairman Henry, Seconded by Commissioner Kersjes, the commission voted unanimously to approve the authorization for both changes to be advertised for a public hearing.

The Meeting Adjourned at 8:45 p.m.

Local Government

Town Council and Planning Commission Meet for Much-Needed Discussion at Special Joint Work Session

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On Monday, April 29, at 7 p.m. in the Front Royal Town Hall on 102 East Main Street, the Front Royal Town Council and the Planning Commission met to discuss vape shops, Planned Neighborhood Development District (PND) zoning, and short-term rentals. Planning Director and Zoning Administrator Lauren Kopishke supported the mayor in guiding the discussion.

A special joint work session is held between the Town Council and the Planning Commission on the evening of Monday, April 29. Royal Examiner Photo Credits: Brenden McHugh.

While vape shops and short-term rentals drew similar sentiments from everyone in the room, the more contentious item and perhaps the driving force behind the gathering was PND zoning. This type of zoning allows for mixed-use development in higher densities, on parcels rezoned to PND, and it is in many ways an improvement on by-right development as it potentially offers affordable housing for those in Front Royal who are struggling to cope with inflation and the cost of living in general. The challenge to PND zoning, which Planning Commissioner Chair Connie Marshner sees clearly, is the scarcity of lots large enough within Town limits to meet the acreage requirement for a planned neighborhood development district, as it is currently regulated by the Town Ordinance. This may explain why, in an application from a developer for PND rezoning that involved a proposed amendment to the ordinance reducing the acreage threshold for PND from twenty-five acres to two, the planning commission passed the application to the council, recommending a reduction to five acres in the case that the council felt uncomfortable with two. In the words of Councilwoman Amber Morris, the two-acre prospect was “offensive.” Indeed, the council denied any amendment to the ordinance and the application.

Planning Director and Zoning Administrator Lauren Kopishke helps Mayor Lori Cockrell guide the Town Council and the Planning Commission through a discussion of vape shops, PND zoning, and short-term rentals.

To do justice to Morris’s position, it is offensive because it would open a “floodgate” to untrammeled development that may neither respect the Town’s rustic charm nor be sensitive to the needs of its infrastructure and the way of life that its natives have built here. At the same time, Kopishke has emphasized that there are so many other stipulations in the rezoning to PND that the floodgate would never be opened. Having provided the council and the commission with extensive reading in their agenda packet that highlighted how other localities are handling this type of development, localities from which she is actively gathering information in staff’s ongoing PND enterprise, Kopishke urged those present to discuss what they like about the current ordinance and what they do not like. After a somewhat tangential conversation, most of the council members said they would like to leave the ordinance the way it is, with a threshold of twenty-five acres for PND mixed residential and fifty for PND commercial.

Morris said it is not the government’s job to provide affordable housing. Also, there is nothing wrong, in her opinion, with preservation. Just because a parcel is undeveloped does not mean it needs to be developed. The evening ended with the sense that things were as much as before. There is only one PND zone in Front Royal, and it is undeveloped. The Comprehensive Plan does indeed call for higher density development, but what that looks like seems to be a matter of degrees in which some are prepared to be more extreme than others. Consensus between these two bodies would be a very rare diamond.

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County Budget Work Session Addresses Staff Health Care Costs, Charging Town for Solid Waste Dumping, and Old Oak Ln. Projects

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Following a 4 p.m. tour of the new Senior Center renovations slated to be completed by June (see related story) and a late-added 5:30 p.m. Closed Session (Item A), the Warren County Board of Supervisors convened to yet another Fiscal Year-2024/25 budget work session. This one, convened about five minutes after the scheduled 6 p.m. start due to the length of the closed session, included one outside agency, the Virginia Department Of Transportation (VDOT) on the Six-Year Plan for road improvements in the county, and five county departmental presentations.

Those budget-related reports in the order presented were:

  1. Presentation – Virginia Department of Transportation Secondary 6-Year Plan
  2. Discussion – Public Work Transfer Station Rates – Mike Berry, Public Works Director
  3. Presentation – Old Oak Lane, Phase IV (4) and V (5) Updates – Mike Berry, Public Works Director and Sanitary District Manager Michael Coffelt
  4. Discussion – 2024-2025 United Healthcare Insurance Renewal – Jane Meadows, Deputy County Administrator, Kayla Darr, Human Resources Manager
  5. Discussion – Orientation for the Department of Social Services – Jon Martz, Director of Social Services
  6. Requested Proclamation: April is Child Abuse Prevention Month – Department of Social Services

Since it was a work session, no actions were taken on the presentations or staff recommendations. The board took what they heard under advisement as they move toward a final budget proposal in the months leading to the start of Fiscal Year-2025 on July 1, 2024. Since no action can be taken at a work session, the Social Services Department requested proclamation on recognizing April as Child Abuse Prevention Month would be made at the board’s first meeting of May, Tuesday, the 7th of May.

County Director of Social Services Jon Martz and staffers April White and Christine Lawson outlined their programs and service number increases into the new fiscal year and requested board acknowledgment of ‘April is Child Abuse Prevention Month’.

Among highlights of those presentations and board discussion of them was a staff recommendation from Public Works Director Mike Berry to begin charging the Town of Front Royal for its use of the County’s Solid Waste Transfer Station to dump residential trash. Coupled with a $10 hike in the County’s current tipping fee of $69 to $79 at the Transfer Station, charging the Town “what other commercial users” are charged was projected to increase County revenue by $474,000 to help cover rising costs.

Another highlight came during Deputy County Administrator Jane Meadows update on renewal of the United Health Care Insurance Plan for County employees. In describing the existing situation, employee contributions to their health care coverage balanced against salaries, as well as health and age profiles of county employees, it was observed that may of the County’s employees “feel undervalued” by their employer.

Board Chairman Cheryl Cullers expressed some distress at that description of what is apparently a significant portion of the County’s staff that may be considering a move to a higher-paying or larger employer share of health care costs municipality. And while it may not be a totally new phenomena in the local governmental employer/employee relationship, it is one the board chair believes needs to be dealt with proactively in coming years. How that might be achieved without increasing County revenue through higher service rates, as suggested by the public works director regarding the Town’s use of the County’s Solid Waste Transfer Station, or general tax hikes to provide additional across the board general services revenue will be a dilemma the board must face in coming fiscal years.

County Director of Social Services Jon Martz and staffers April White and Christine Lawson outlined their programs and service number increases into the new fiscal year, as well as requested board acknowledgment of ‘April is Child Abuse Prevention Month’.

Another discussion highlight came in the updates on Old Oak Lane Phases 4 and 5 in the Shenandoah Farms Sanitary District. Staff reported ongoing issues with “production defects” of box culvert sections delivered to the County by the contracted vendor causing ongoing delays as the Phase 4 project creeps toward completion. But that completion of the Old Oak Phase 4 project cited at an approved budget of $1.6 million, with expenditures to date of $796,792, with a remaining budget of $803,208, was recommended for completion. The staff summary also noted that the County “has not paid for the Eastern Vault $249,000 invoice for station 53+00 due to the deficiencies noted.” It was further noted that Public Works has “expended $173,000 in corrective action” with more corrective repairs to come.

As for Old Oak Phase 5 more at a planning stage, due to “Design Constraints” and related costs, staff recommended that the “County Administrator should send a letter to VDOT cancelling the Old Oak Phase V (5).” However, it was added that the County Public Works Department “complete the project internally using current maintenance contracts and approved SFSD (Shenandoah Farms Sanitary District) FY24 road improvement funding.” It was added that: “County General funding no longer necessary for internal SFSD project” which might draw the attention of some Farms Sanitary District residents regarding the use of their Sanitary District tax revenue.

The Closed Session involved legal consultation on wide range of matters involving liabilities, debt, potential bank actions, and recovery of assets related to the Front Royal-Warren County Economic Development Authority (FR-WC EDA or now WC EDA) financial scandal. The motion made into the Closed Meeting read:

“I  move the Board enter into a closed meeting under the provisions of Sections 2.2-3711(A)(7) and (A)(8) for consultation with legal counsel pertaining to actual or probable litigation and the provision of legal advice regarding the Industrial Development Authority of the Town of Front Royal and the County of Warren, Virginia (the “EDA”), the Town of Front Royal, the EDA vs. Jennifer McDonald, et al., the Town of Front Royal vs. the EDA, et al., the EDA vs. the Town of Front Royal, other potential claims and litigation relating to other possible liabilities of the EDA, the recovery of EDA funds and assets, the outstanding indebtedness of the EDA and potential bank actions related to the same.”

The supervisors came out of the closed session at about 6:05 p.m. to find a captive audience of mostly county staff in the rear of the meeting room, along with VDOT reps Ed Carter and Matt Smith, right to left, in the second row of public seating.

And after the above-cited agenda’s completion, the work session adjourned at 8:25 p.m.

Due to what was described as a vendor “glitch” there is some delay on the work session video being posted. County IT staff hopes the video will be posted by the end of the week. When it is available, it will be linked to this story.

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Supervisors View New Senior Center Site at Health & Human Services Complex Prior to Budget Work Session

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At 4 p.m. Tuesday afternoon, the Warren County Board of Supervisors began its three-pronged April 23rd schedule with a tour of the nearly completed two-year Health & Human Services facility renovations that will see the County-overseen Senior Center relocated from its Chimney Field-area site. According to Deputy County Administrator Jane Meadows, relocation will see an approximate doubling of the size of the senior assistance and activities facility. Meadows later elaborated to us that the square footage of the new Senior Center is 5,922 s.f., with shared space with the Parks & Recreation Department adding an additional 2,780 s.f. expanding total usable space to 8,702 s.f. For comparison, the existing Senior Center on Commonwealth Avenue near Chimney Field, the building is 3,964 s.f. The two-year project cost was cited at $867,000.

Deputy County Administrator Jane Meadows, right, gives supervisors and other involved personnel an overview of the status of the almost-ready Senior Center in a renovated portion of the County’s Health & Human Services complex off of 15th Street in Front Royal. Below are two perspectives on what appears to be a main dining area with space for other activities as needed. Royal Examiner Photos Roger Bianchini

Costs and returns on investments are high on the county supervisors’ minds right now as they zero in on a Fiscal year 2024/25 final budget that will see the county’s first tax hike in the past five years to fund crucial departmental and outside agency services. Board members new and old seemed impressed with the amount of renovated space and its condition as presented to them by Meadows, along with Senior Services personnel, a number from Seniors First, including Executive Director Jimmy Roberts, Director of Development Greg Stockton, Director of Senior Center Operations Marsha LeBrecht, and Senior Center staffer Misty Alger. Also joining the tour were County Director of Social Services Jon Martz and Assistant Director Christie Lawson.

The target date for opening the Senior Center at its Health & Human Services complex location at the old middle school site off 15th Street is sometime in June, though involved officials declined to get more specific on a precise date at this point as final renovations continue.

The Senior Center facility tour makes its way through kitchen areas with what appears to be a renovation in progress on the exhaust system hanging from the ceiling. In the third shot below, Warren Senior Center staffer Misty Alger displays a walk-in freezer for food storage in a kitchen area. Cleanliness in food preparation areas was cited and will be encouraged by multiple sink locations.

It was noted that the change of locations would also be beneficial in giving attending seniors nearby access to a number of Health & Human Services in the 15th Street complex in addition to the shared Parks & Recreation space. That access includes the County Health and Social Services Departments for assistance seniors qualify for and utilize in maintaining a more beneficial standard of living.

The group gathers at the exit from the large dining area to an outside patio area.

Meadows shows tour auxiliary rooms with work desks and a bathroom area with a walk-in shower.

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Airing of Differences in Town Council Regular Meeting Leads to Unanimous Vote to Extend Out-of-Town Service to Catholic Diocese

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Every meeting of the Town Council has a scarlet thread weaving through a thicket of information. On Monday, April 22, at a regular meeting, starting at 7 p.m. in the Warren County Government Center on 220 North Commerce Avenue, the items threading the labyrinth were related to an out-of-town utility connection contract with the Catholic Diocese of Arlington for 0 Criser Road.

Town Council meets for regular meeting on the evening of April 22 at the Warren County Government Center.

Sensing what is coming next is an imprecise art in government and the status of the Diocese’s application, suffering much discussion throughout multiple work sessions of the council, lingered in a state of irresolution as it was unclear whether the church body would ultimately receive water and septic service from the town at their out-of-town location on West Criser Road, where they plan to develop a sanctuary as well as an auxiliary building to serve as a gymnasium. Still, on Monday night, to use Councilman Bruce Rappaport’s language, the issue reached the end of its road. Even if the council does not work out a boundary-line adjustment of Town corporate limits to include the parcel at 0 West Criser Road, even if the council cannot, therefore, require the applicant to build a sidewalk in accordance with the rules that would govern the development of a parcel within Town limits; and even if members of the council continue to disagree amongst themselves about the coulda, woulda, shoulda pertaining to the Diocese’ offer to offset the cost of a sidewalk, the Town can still extend service to the church body. And they did in a unanimous vote.

Jaden Matthiae, son of Michelle Matthiae and planning commissioner Brian Matthiae, receives a gift certificate from Mayor Lori Cockrell after he led the gathering in the pledge of allegiance.

Having placed 0 Criser Road on a list of areas outside of town that may receive service earlier in the evening in a unanimous vote, the council proceeded later, before the vote on approving the application, to submit for the record their varying views on whether a sidewalk could have been a part of the deal. A sidewalk on West Criser Road is something that all the members of the Town Council, as well as the town manager, desire passionately, as safety conditions are currently less than ideal for school children walking on that road. A parcel on that road might be developed in a way that would possibly increase pedestrian traffic, but this only serves to cement that desire; however, there are different opinions about methodology.

Before the meeting, there was an equipment display in the Government Center’s parking lot so the public could see their tax dollars at work. Above: Town Manager Joe Waltz tries out the Town’s brand-new rubber tire loader, valued at 212K, which will serve with snow removal and assist in water and septic maintenance. Below: Manager of Vehicle/Equipment Maintenance Donald McPaters stands beside a beauty, a brand-new asphalt roller valued at 74K.

The one hundred and twenty-some thousand dollars that the Diocese offered to the Town to offset the cost of a sidewalk could have, in Councilman Glenn Wood’s view, solved the problem. However, the Diocese did not conduct a study of what the sidewalk would ultimately cost, and according to the information available to Town staff, the ultimate cost, including all the engineering concerns, would be upwards of two million dollars. In her statement at the meeting, Councilwoman Amber Morris strongly underlined those engineering concerns, specifically the utilities that would have to be moved to make that sidewalk a reality. Town Manager Joe Waltz emphasized the inadequacy of one hundred twenty-some thousand dollars. It is his view that the real priority on West Criser Road is installing a sidewalk between Skyline Vista Drive and Route 340, where there is not even a bike lane to offset the safety concern.

Under public comments, Tom Sayre stands up to address the council on what he perceives to be a pressing need for fiscal transparency, referencing a case from 2022 in which funds were appropriated under circumstances that Town Attorney George Sonnett explained were confidential after Councilwoman Amber Morris interrupted Sayre’s comment to call a point of order. The subject was what she called “alleged conduct,” and in her view, it would be inappropriate for the council to engage in such a comment in the context of a regular meeting. Sonnett encouraged the council not to engage the comment. They did not.

The word on the street is that the gymnasium will precede the sanctuary at 0 Criser Road. The intersection of Luray Avenue and West Main Street is a place of force on Sunday mornings, with much vehicular as well as pedestrian traffic, where St. John the Baptist Church is located across from Maddox Funeral Home. A secondary chapel could relieve that traffic somewhat and the gymnasium could be a resource for the Catholic homeschool community. It certainly sounds like a good thing for everybody.

Click here to watch the Front Royal Town Council Meeting of April 22, 2024.

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Town Council and Board of Supervisors Enjoy a Brief Liaison Committee Meeting

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Having come out of a special meeting where they voted approval for a giveaway of trees purchased by the Town, the Front Royal Town Council joined the Warren County Board of Supervisors for a liaison committee meeting hosted by the county at 6 p.m. on Thursday, April 18 in the Warren County Government Center on 220 North Commerce Avenue. Mayor Lori Cockrell and Councilman Glenn Wood represented the council, while Chairwoman Cheryl Cullers and Supervisor Jerome Butler represented the board.

Town Council meets before the Town-County liaison meeting to hold a special meeting concerning permission to be granted to the Advisory Committee for Environmental Sustainability (ACES) to give away trees valued at $6218.75 with a $1000 delivery fee on Sunday, April 21, for an Earth Day event. This $7218.75 value, paid by the Town of Front Royal for trees that the Horticulture Department purchased, covers ACES’ free plant giveaway. The council unanimously approved the giveaway. Royal Examiner Photo Credits: Brenden McHugh.

The items on the agenda were, respectively, the issue of processing house violations and tenant and landlord enforcement, deferred to July; McKay’s Springs; the transportation and infrastructure committee; an update on school zone cameras; the water supply plan; and a boundary line adjustment for Town corporate limits on East/West Criser Road. The meeting was characterized by agreement and goodwill as the Town and County discussed these items that concerned them. At the same time, Town Manager Joe Waltz and County Administrator Edwin Daley provided them with the information they needed to transact the meeting.

Front Royal Town Council and Warren County Board of Supervisors meet for Thursday night liaison committee meeting at the Warren County Government Center.

Mayor Cockrell pushed for clarification on who exactly owns McKay Springs. Daley explained that three years ago, the Economic Development Authority (EDA) sold their portion to the County, thus reducing the stakeholders to two parties, the Town and the County, both of whom currently own portions and a portion they own together. Under the leadership of Daley and Waltz, the Town and the County are now exploring whether they might develop McKay Springs as a joint venture. The transportation and infrastructure committee would facilitate this discussion, and it would be merely a discussion based on information gathering. Cullers then guided the meeting towards the transportation and infrastructure committee itself. At that point, she and Cockrell mentioned reports from VDOT that the Town and County received separately.

Captain Zachary King of the Front Royal Police Department gives an update on school zone cameras to the liaison committee.

After they received an update about cameras in school zones from Captain Zachary King of the Front Royal Police Department and after they heard from Waltz about the annual determination of the Town’s excess volume in water and septic capacity, that is, capacity available for future development, the town manager explained the need for a boundary line adjustment on East/West Criser Road, where in a recent out-of-town service request it came to the Town’s attention that the boundary line does not reflect every segment of the road owned by the Town which, currently, owns segments that are outside of corporate limits, even though the Town owns all the land that East/West Criser Road is built on. The adjustment would bring all segments of the road into corporate limits as well as any segment marginal to the road that the Town already owns. There did not seem to be any resistance from the board to rectifying this oversight.

At 6:50 p.m., all agenda items having been addressed, the meeting was resolved with the determination to hold another liaison committee meeting in July.

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Town Planning Commission Tackles Motel-Apartment Conversion, Elects New Chairman

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The Front Royal Planning Commission, presided over by Acting Chairman Connie Marshner in the absence of its former Chairman Daniel Wells, who submitted his resignation last week, met Wednesday, April 17, to hold public hearings on six Special Use Permit (SUP) applications. Acting Chair Marshner announced that an election for a new chairman would be added to the end of the agenda due to former Chairman Wells resignation. Commissioner Glenn Wood moved to add the election to the agenda, and Commissioner Michael Williams seconded. The commission voted unanimously for the addition.

There were no citizen comments from the nearly empty meeting room, and the commissioners voted unanimously to approve a one-item Consent Agenda, Authorization to Advertise for Public Hearing a single SUP submitted by Abode of Liberation for a lodging house at 1324 Old Winchester Pike.

There were seven public hearings:

Baymont Inn Apartment Conversion

The major business of the meeting was a pair of requests from CCC Enterprises LLC of VA for a property at 10 South Commerce Avenue, which was familiar to residents as the Baymont (former Quality Inn).  First was a SUP application to convert the 3-story motel into a 39-unit apartment building. The property is zoned C-1, Community Business District.

Zoning Administrator Ware cautioned the commission that they were being asked to vote only on the proposed use for the property, not the site plan or other permits. The applicants presented a concept site plan showing a mix of one and two-bedroom units around green space and a swimming pool. The configuration as presented included 24 one-bedroom units, 2 one-bedroom with a den, and 12 two-bedroom units. However, the specific mix of units may change as the process moves forward. The applicants have not yet established pricing for the units, as it is too early in the process to determine. The applicants assert that the proximity of the property to the downtown area will be beneficial, as the tenant mix is intended to consist of young professionals and couples rather than families with children. The Planning Department summary indicates that this use is in conformance with the Town’s Comprehensive Plan and could provide badly needed housing. Commissioner Wood indicated “quite a bit of interest” in the project from downtown business owners, who will want to know “What type” of tenants the development would yield.

“What they do not want is for this to become low-income rentals”, Wood said. “I would suggest that as this process moves forward, you should be prepared to address that.”  The applicant, Sam Sharma, told the commission that they were looking for local tenants only – predominantly “workforce” – cited as “teachers, firefighters, people who have restaurants on Main Street – that’s the goal we are trying to meet.”

At the public hearing, surprisingly, given the publicity for the proposal, there were no public comments either for or against it.

Sam Sharma, left at the podium, and Kyle Hopkins, the applicants for a Special Use Permit for the Baymont Inn property on Commerce Ave., address the Front Royal Planning Commission to explain their concept of a 3-story apartment structure to provide ‘workforce housing’ adjacent to the downtown area.

The Planning Department’s summary lists only one condition for the SUP: two parking spaces must be provided for each apartment. Acting Chair Marshner asked if “a third party” might be paying rent for tenants. Answer: “No.”  After some discussion about the merits of the proposed use, on a motion by Commissioner Matthiae, seconded by Commissioner Williams, the commission voted unanimously in favor of a recommendation for approval by the Town Council.

The second request from  CCC Enterprises LLC of VA is a request for a Special Exception for the property also located at 10 S. Commerce Avenue, identified by Tax Map 20A8-22-6, for a reduction in the required parking space size from 10 x 20 feet to 9 x 18 feet, and a reduction of the required parking area setback of thirty feet (30’) from the property lines. The property is zoned C-1, Community Business District. Approval of this exception is a condition of the CUP for the use as apartments, as the property could not be redeveloped under this proposal if the parking changes were not approved. Zoning Administrator Ware explained the requirement to the commission and showed that a boundary setback of 30 feet would eliminate the majority of parking spaces.  As proposed, the parking spaces combined result in “a few more” than the 78 required.

Artist’s conception of a 39-unit apartment building where the Baymont Inn now stands at 10 South Commerce Ave.

After further discussion, Commissioner Matthiae made a motion, seconded by Commissioner Wood, to recommend approval. The vote for approval was unanimous.

Other Business

In other public hearings, Karen Reynoso has submitted a request for a Special Use Permit to allow a short-term rental at 1400 Old Winchester Pike. Zoning Administrator John Ware told the Commission that the application and the property were in full compliance with the Town’s ordinances. The property is zoned Residential (R-2). With no discussion on a motion by Commissioner Wood, seconded by Commissioner Brian Matthiae, the commission voted unanimously to recommend approval.

Short Street Properties LLC is requesting a SUP to allow a ground floor dwelling unit at 519 Short Street; the property is zoned C-1, Community Business District. In the business districts residential dwellings are only permitted by SUP. Zoning Administrator John Ware told the commission that this property has a Residential structure in the front of the lot and a commercial use shop in the rear. Due to fire damage, the property has not been occupied for over two years, and the applicant intends to renovate it inside and out


Permit applicant Chris Grady tells the Town Planning Commission that he plans to renovate a property at 519 Short Street as two dwelling units.

Under the town’s zoning ordinance, if a legally nonconforming use has been discontinued for two years, it must be brought into compliance with the current standard. Since the Commercial District allows ground-floor dwelling units only by SUP, the applicant has submitted the request. Property Owner Chris Grady addressed the commission and described the project to restore the vacant, burned-out property to two dwelling units. There were no speakers either for or against the request. Commissioner Wood asked about the presence of stored vehicles at the back of the property, and the applicant said that the owner had agreed to clean up that area prior to closing. The applicant asked if there was a danger that a permit for the use could be denied once the purchase and renovations were complete. Town Planning Director Lauren Kopishke said that was the reason for getting the Special Use Permit before the work is completed, to reduce the denial risk for the applicant. After further discussion on Commissioner Natthiae’s motion, seconded by Commissioner Wood, the commission voted unanimously to recommend approval.

Edwin S. Wright submitted a request for a Special Use Permit to allow a ground-floor dwelling unit at 514 South Royal Avenue. This property is zoned C-1, Community Business District. It was previously in use as a residential dwelling but has been vacant for several years. The applicant plans to renovate the property with two dwelling units, One a 4-bedroom 2-story, and one a basement 2-bedroom. As with the previous SUP request, the legally non-conforming property must now comply with the current Zoning Ordinance to re-establish the residential use. There were no speakers at the public hearing. During the discussion, Commissioner Williams asked if the requirement for parking spaces in the town ordinance had to be met before the permit was issued. Zoning Administrator Ware said that parking spaces were a requirement for permit issuance. On a motion by Commissioner Williams, seconded by Commissioner Wood, the commission voted unanimously to recommend approval.

Edwin Wright submitted a proposal for a special use permit for this building at 514 S. Royal Ave for two dwelling units. The Planning Commission voted to recommend approval.

Edwin S. Wright has also submitted a request for a SUP to allow a ground-floor dwelling unit at 512 S. Royal Avenue. The applicant is renovating the property immediately adjacent to the previous plot. The applicant’s plan calls for this formerly derelict building to be converted to two one-bedroom dwelling units, one on the main floor and one in the walkout basement. The property is zoned C-1, Community Business District. As with the previous request, the SUP was required because the legally non-conforming use had expired when the property was vacant. With little further discussion on a motion by Commissioner Matthiae, seconded by Commissioner Wood, the commission voted unanimously to recommend approval. Commissioner Williams and Wood expressed their appreciation for the applicant’s efforts to improve the highly visible properties at the south entrance to the town that desperately needed it.

Chris King-Archer has requested a SUP to allow a short-term rental at 331 Kerfoot Avenue. The property is zoned R-1, Residential District. The Applicant intends to have this 4-bedroom property as a whole-house rental. There were no speakers at the public hearing. The town ordinance for short-term rentals requires one off-street parking space per bedroom, and there are currently only three parking spaces on this property. The planning staff recommended disapproval for that reason, but Commissioner Williams asked the applicant if adding another parking space to comply with the town ordinance was possible. The applicant indicated that it was possible but questioned the consistency of the ordinance application, citing the case of a nearby short-term rental property with no off-street parking.

Planning Director Kopishke explained that the Planning Department could not recommend approval if there were insufficient parking under the ordinance, and in the case the applicant cited, the commission had recommended denial for that reason, but the town council approved it anyway. Town Council can overrule its own ordinance. Town Attorney George Sonnett told the commission that a commissioner could offer a substitute motion to recommend approval, providing that the applicant would provide the additional parking space required by the ordinance. With little further discussion on a motion offered by Commissioner Williams and seconded by Commissioner Wood, the commission unanimously recommended approval of the suggested substitute motion.

After the public hearings, Commissioner Wood nominated Vice-Chairman Connie Marshner as permanent chair to serve the remainder of former Chairman Wells’s term. Commissioner Williams seconded, and the commission voted unanimously for Marshner’s chairmanship.

Planning Director Kopishke reported to the commission that there were 267 walk-in customers to the Town Planning Department in March, 25 zoning permits, 15 business license applications, and 5 code enforcement cases. She also said that the department hopes to have a draft rewrite of the Town Zoning Ordinance in the hands of the commission by the end of June. The rewrite of the ordinance is the last major part of a multi-year fundamental rewrite of the town’s planning and zoning infrastructure, which included updating the Comprehensive Plan and its components.

Another surprise was in store at the end of the meeting when Commissioner Glenn Wood announced his resignation from the board, effective May 16th. The commission “regretfully” voted to accept the resignation and wished Commissioner Wood well.

An urgent reminder: The planning department is recruiting for new Planning Commission Members (now 2). Check out the town website for the application form.

The meeting adjourned at 8:21 p.m.

Click here to watch the Town of Front Royal Planning Commission Meeting of April 17, 2024.

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Thank You to our Local Business Participants:

@AHIER

Aders Insurance Agency, Inc (State Farm)

Aire Serv Heating and Air Conditioning

Apple Dumpling Learning Center

Apple House

Auto Care Clinic

Avery-Hess Realty, Marilyn King

Beaver Tree Services

Blake and Co. Hair Spa

Blue Mountain Creative Consulting

Blue Ridge Arts Council

Blue Ridge Education

BNI Shenandoah Valley

C&C's Ice Cream Shop

Card My Yard

CBM Mortgage, Michelle Napier

Christine Binnix - McEnearney Associates

Code Jamboree LLC

Code Ninjas Front Royal

Cool Techs Heating and Air

Down Home Comfort Bakery

Downtown Market

Dusty's Country Store

Edward Jones-Bret Hrbek

Explore Art & Clay

Family Preservation Services

First Baptist Church

Front Royal Independent Business Alliance

Front Royal/Warren County C-CAP

First Baptist Church

Front Royal Treatment Center

Front Royal Women's Resource Center

Front Royal-Warren County Chamber of Commerce

Fussell Florist

G&M Auto Sales Inc

Garcia & Gavino Family Bakery

Gourmet Delights Gifts & Framing

Green to Ground Electrical

Groups Recover Together

Habitat for Humanity

Groups Recover Together

House of Hope

I Want Candy

I'm Just Me Movement

Jean’s Jewelers

Jen Avery, REALTOR & Jenspiration, LLC

Key Move Properties, LLC

KW Solutions

Legal Services Plans of Northern Shenendoah

Main Street Travel

Makeover Marketing Systems

Marlow Automotive Group

Mary Carnahan Graphic Design

Merchants on Main Street

Mountain Trails

Mountain View Music

National Media Services

Natural Results Chiropractic Clinic

No Doubt Accounting

Northwestern Community Services Board

Ole Timers Antiques

Penny Lane Hair Co.

Philip Vaught Real Estate Management

Phoenix Project

Reaching Out Now

Rotary Club of Warren County

Royal Blends Nutrition

Royal Cinemas

Royal Examiner

Royal Family Bowling Center

Royal Oak Bookshop

Royal Oak Computers

Royal Oak Bookshop

Royal Spice

Ruby Yoga

Salvation Army

Samuels Public Library

SaVida Health

Skyline Insurance

Shenandoah Shores Management Group

St. Luke Community Clinic

Strites Doughnuts

Studio Verde

The Arc of Warren County

The Institute for Association & Nonprofit Research

The Studio-A Place for Learning

The Valley Today - The River 95.3

The Vine and Leaf

Valley Chorale

Vetbuilder.com

Warren Charge (Bennett's Chapel, Limeton, Asbury)

Warren Coalition

Warren County Democratic Committee

Warren County Department of Social Services

Warren County DSS Job Development

Warrior Psychotherapy Services, PLLC

WCPS Work-Based Learning

What Matters & Beth Medved Waller, Inc Real Estate

White Picket Fence

Woodward House on Manor Grade

King Cartoons

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