Local Government
Special Events code, credit card fee waiver set for further council review
Following reports from Warren County Department of Social Services Director John Martz and contracted Tourism consultant JLL representative Bethanie DeRose, the Front Royal Town Council headed into two Public Hearings on controversial initiatives. No action was taken on either, as council decided to take both back to further work session discussion prior to votes on approval.
And while no members of the public weighed in on the first of the two, a proposal to waive credit card fees in the paying of Town bills that would lead to an estimated initial absorption of $140,000 of lost revenue by town taxpayers, council got an earful from seven speakers at the second public hearing on proposed changes to the Town’s Special Events Permitting process.
That earful, led off by Jig and Jive Dance Studio proprietor Annie Guttierrez, was essentially that special events’ life in the eligibility-ranking “Matrix” created by town staff under auspices of the Town Manager’s Office would be as nightmarish for many as Hollywood’s “Matrix” movie depicting a false human existence under the control of machines.
Opening the public discussion, Guttierrez noted that smaller community-oriented events like dance presentations her East Main Street dance studio has done in the Gazebo/Village Commons area at East Main and Chester Street, would be hard-pressed to qualify for permits. The 10-category “Matrix”, she observed, as has been noted by others during Town-Public feedback informational meetings, appears heavily graded in favor of larger, tourist-attracting events like the Chamber-sponsored Festival of the Leaves that traditionally launches the Fall leaf tourist season here.
Jig & Jive Dance Studio proprietor Annie Guttierrez led off public criticism of the Town Special Events Permitting proposal on the table. She also presented an alternative proposal that does not rank differing events by the same ‘Matrix’ criteria. Royal Examiner Photos by Roger Bianchini
Guttierrez wasn’t only critical of the system developed by town staff, but also brought an alternate proposal based on a three-tiered events counter-Matrix that would not pit smaller, community-oriented events against major tourism-geared all-day events on a single ranking scale. Her proposal would separate applicants into three categories: 1/ Tourism events like Festival of the Leaves that would shut down the center of downtown, essentially for the entire day with vendors or local businesses set up in the Commons and up and down the street anticipated to attract several thousand visitors; 2/ Community Events forecast to attract 500-plus people that would qualify to close a portion of Main Street and the Commons for up to four hours; and 3/ organizational and small business events such as hers, or perhaps even the annual Memorial Day/Dogs of War event, that would not shut the street down, but would qualify for use of all or a portion of the Village Commons area anchored by the Gazebo and new Town Pavilion with crowds anticipated at 50-plus.
It was this final category that Guttierrez told council she thought was left out of the existing proposal. Joining Guttierrez in seeking a better-devised system not totally weighted toward large, cash-generating events, were Bryan Biggs, John Lundberg, Laura Biggs, Amanda Horne, and William Huck.
Lundberg was particularly critical of the process by which this proposal has been brought forward, and tied that criticism to a broader critique of local government. He called the proposal brought forward, “the imperfect and flawed system for permitting special events in Front Royal developed by Mr. Hicks and his staff” and tied that to the broader issue, long predating the current town manager, of a long-term absence of a unified Town-County written vision statement that would guide issues such as this one toward a common community good.
John Lundberg was pointedly critical, not only of the Town proposal on the table but of a long-term failure of local governments to come up with a unified vision statement to guide issues like Special Events permitting. Bryan and Laura Biggs, who preceded and followed Lundberg to the podium, are seated directly behind the speaker.
He “strongly endorsed” Guttierrez’s alternate proposal, calling it “short, to the point and uncomplicated” as opposed to the town staff plan he termed “too complicated, too expensive for many groups” and “a one size fits all” system he said, “doesn’t apply to many small towns”. Lundberg also wondered at the pace at which the town proposal has been moved forward – “It appears to be a process that is being hurried through for unknown reasons”.
Amanda Horne noted her involvement in organizing last year’s Christmas Market held from 10 a.m. to 6 p.m. downtown on December 12. She noted the interest of vendors regionally once they heard detail of the town’s proximity to Skyline Drive and the national and state parks in Warren County. Perhaps agreeing with Lundberg’s observation about the lack of a unifying community vision, Horne cited Front Royal’s potential as a “destination” community to myriad tourism-friendly, locally-generated assets like special community events. But she worried that the Town wasn’t taking advantage of that potential and was running the risk of being perceived as a “drive-through” community if it limited such smaller, community-oriented events.
Last year’s ‘Christmas Market’ downtown event organizer Amanda Horne told council she believes the town has great destination potential. However, limiting smaller community events due to less initial revenue-producing potential is not the way to achieve that potential, she told council. Below, C&C Frozen Treats proprietor William Huck urged a ‘stronger together’ approach for downtown businesses and the town government. He also cited lost time and opportunity due to a continuation of a 6-year trend of Town waffling on downtown Special Events permitting.
Following Horne to the podium, sixth speaker William Huck, C&C Frozen Treats proprietor and driving force behind the successful Family Fun Day community-directed event centered at the Village Commons in recent years, joined the “slow the process down and get it right” chorus of previous speakers. Huck pointed to six changes to town codes on special events in the past six years. The hanging question appeared to carry on a now-familiar theme – to what end, by what vision are changes being made?
Huck recalled the advent of Family Fun Day when the feedback from the Town was “It can’t be done” – I said, why? To which the reply was “You need a bunch of people; you need experience” a theme carried forward in the current Matrix ranking system proposal. Huck’s counter then, as it was Monday, was, “No, you need heart … you need somebody that’s going to drive behind you and has the heart to pull it off.”
Forwarding a theme of “stronger together” Huck told council he would work with them and town staff toward a mutually beneficial code that would take all aspects and perspectives into account.
The trick it would seem is to forward a proposal to be weighted, not in a one-sided Matrix catering to the greatest revenue-producing events, but toward all creative aspects of the downtown community that in the long run could help establish that community-wide vision making Front Royal a destination, rather than just the occasional pass-through community.
Only one speaker, seventh and final one Kelly Walker, was supportive of the council initiative, and even Walker admitted the proposal probably needed additional research to reach an equitable “compromise” that would allow “worthy” events street closures but not punish downtown businesses that do not perceive a benefit from the closing of East Main Street for special events.
East Main St. closing critic Kelly Walker cited achieving a balance between ‘worthy’ events for street closures and the interest of businesses that don’t see a positive impact from such street closings to vehicle traffic.
Walker has been perhaps the most vocal of what Councilwoman Letasha Thompson identified as “three if I’m being honest” owners of downtown businesses, some with were termed “appointment only” operations, who have led opposition to regular or too-easily permitted downtown event street closings.
Walker noted that her instructional art studio located just in front of the Warren County Courthouse grounds across from Town Hall, saw little foot traffic at that far west end of East Main Street when it was closed to vehicular traffic to encourage the walking mall concept.
When the conversation got back to council, Jacob Meza asserted that the downtown Village Commons town-center anchored by the Gazebo and new Pavilion was “a gathering place” rather than “an events center”. He worried that opponents of the new code were viewing the Village Commons-anchored town Historic Business District “like an events center … to be rented out”.
As noted, no action was scheduled, so no motion was necessary to take the matter back to coming work sessions for continued council discussion and possible further adjustments, or not, to the proposed new ordinance.
Credit Card fee waiver
However, following discussion of the credit card fee waiver proposal, which was slated for a vote following the public hearing at which no one appeared, Meza’s motion, seconded by Vice-Mayor Lori Cockrell, to delay action pending further work session discussion, passed by a 4-2 vote. Cockrell and Gary Gillespie voted against the tabling.
Council discussion indicated a divide among council regarding putting the burden of absorbing a $140,000 and likely to climb, the annual cost of the waiver on all the town’s taxpayers, especially those who do not pay their Town utility or tax bills with credit or debit cards, both of which are charged the processing fee.
Meza did point out that the proposal did not include an estimated $1.77 hike to monthly utility bills to cover the lost revenue. That figure had been generated by the Town Finance Department simply to illustrate the financial impact of the lost revenue on customers were council to decide to make up for it in that manner.
Jacob Meza cited the logistical difference between ‘a gathering place’ like the Commons area and ‘an events center’. Below, Scott Lloyd prefaces a Consent Agenda vote that included his town employee ‘Medical Freedom’ resolution that would discipline, perhaps terminate any town employee who refused to hire or maintain the employment status of a non-COVID vaccinated person.
‘Medical Freedom’
Also near the end of Monday’s meeting, after Councilman Lloyd’s reading of sections of the Town Charter and message from constituents not wishing to be forced to take the COVID-19 vaccination by employers, his Option 2 Resolution noting that Town employees will not be forced to receive the COVID-19 vaccination was approved as part of the evening’s Consent Agenda, without further discussion.
The wording of the “Medical Freedom for Employees of the Town of Front Royal” Resolution to be included in the employee handbook notes that any “person or entity operating on behalf of the Town” … who refuses to hire a job applicant; alters a Town employees duties with what are perceived as negative consequences; or discharges a Town employee based on a person’s refusal to receive any COVID-19 vaccine “shall be subject to disciplinary action, including suspension, demotion, or loss of employment”.
Local Government
Discussion of Poultry Policy in Urban Agriculture Becomes Impassioned at Town Council Work Session
On Monday, December 4, at 7 p.m. in the Front Royal Town Hall at 102 East Main Street, the Front Royal Town Council met for a work session in which they spent a considerable amount of time discussing a proposed ordinance amendment to Town Codes related to poultry policy for Urban Agriculture uses. The discussion had been postponed from council’s regular meeting on September 25. The item was again postponed after an impassioned discussion in which Councilwoman Amber Morris expressed a strong opinion against certain included conditions.
Front Royal Town Council meets for a work session on the evening of December 4 in the Front Royal Town Hall. Royal Examiner Photos Brenden McHugh.
The proposed amendment to Town Code respecting chickens allows for an increase in ownership from six chickens to ten chickens by any residential dweller in possession of a permit, but it may capsize when it comes to a vote because of the regulations that are attached to it. It is these regulations that Morris strongly opposes. They would keep all chickens in coops with a floor space of four square feet for each chicken “and or” – in the language of the amendment – a run space allowing for eight square feet per chicken. “No poultry shall be permitted to run at large,” the amendment reads. Planning Director and Zoning Administrator Lauren Kopishke explained that this “codification” would not be unprecedented, as it reflects the standards by which the Town has operated in the past; it would simply give “teeth” to those prerequisites for owning chickens in residential areas which the Town has historically applied as it inspects, and grants permits. But allowing the chickens to range free in a fenced in area is a priority for both Councilwoman Morris and Councilman Josh Ingram.
Among the many inputs Virginia Cooperative Extension Services Agent Corey Childs gave to council, he claimed that in his experience, six chickens are on the high end for a residential permit. And in a scenario where chickens are ranging free in a fenced area, he remarked that clipping their wings would be a deterrent, but it would not absolutely prevent them from flying over the barrier. While he did not precisely say that free range is out of the question he raised some concerns, emphasizing the importance of cleanliness and advised council to stay on the safe side.
Council hears from Virginia Cooperative Extension Service Agent Corey Childs on concerns related to poultry policy in Urban Agriculture. Staff relies on Childs for his expertise.
For Morris, this issue is freighted with gravity as she promised one of her predecessors that she would pursue the goal of making urban space friendlier to agriculture. Unlike other council members, including recently installed Glenn Wood, who questioned whether a discussion on chickens surpassing half an hour is a legitimate use of council’s time, Morris considers it time well spent and believes there are many constituents who care deeply about this issue. The reality is that not all permit holders are completely in line with Planning and Zoning expectations, and Morris feels the codification of those expectations would be unfair to them. Non-compliance to the conditions under which the permit was given is a misdemeanor, but Kopishke explained in a private conversation after the public portion of the meeting that in such cases, the Planning and Zoning Department is content to simply revoke the permit without bringing a criminal charge.
After Mayor Lori Cockrell gathered a consensus that further discussion and informed guidance were needed, the item was postponed to a future work session. Having heard from Director of Finance B.J. Wilson, prior to the Urban Agriculture discussion, about a bid from Snyder Environmental Services, Inc., for the 2023 Sewer Rehabilitation Project, a bid which council expects to vote in favor of at the December 11 regular meeting, council quickly addressed several additional agenda items, and then went into closed meeting at 8:40 p.m. to receive legal counsel pertaining to HEPTAD litigation.
Click here to watch the December 4, 2023, Town Council Work Session.
Local Government
Supervisors OK Applicant Withdrawal of Slate Run Farm LLC 448-acre Ag to Commercial/Industrial Rezoning – For No More Than a Year
Perhaps the biggest takeaway from the Tuesday, November 28th Warren County Board of Supervisors Public Hearing meeting was what was not heard. That was the Slate Run Farm LLC rezoning request on 448.2-plus acres off of state Route 340 North/Winchester Road to be moved from Agricultural to Industrial and Commercial zoning. The properties are located off Winchester Road in the North River District, just north of the Blue Ridge Shadows golf course and subdivision.
At the meeting’s outset, South River District Supervisor Cheryl Cullers took a shot at the initial motion to amend the agenda to table the Slate Run Farm LLC rezoning request. That tabling was made at the request of the applicant, and likely headed off a flurry of North River District residents opposing comments. However, there was some confusion over the wording of the motion, leading to discussion with County Administrator Ed Daley and a re-making of the motion by North River District Supervisor Delores Oates stating that the tabling would be “until no later than November 2024.” That would seem to indicate the board does not want the future use of nearly 500 acres of property in the area held up indefinitely. With Shenandoah District Supervisor Walt Mabe’s second, Oates motion to table for not more than a year was unanimously approved.
Perhaps the biggest vote the board took Tuesday evening, was approving removal of one scheduled Public Hearing – the Slate Run Farm LLC rezoning request on 448.2-plus acres from Agricultural to Commercial and Industrial. Royal Examiner Photos Roger Bianchini
The Slate Run Farm LLC rezoning has attracted some attention from area residents, particularly in the Blue Ridge Shadows development. As the Agenda packet staff summary noted: “The applicant is proposing four land bays which will be phased in for industrial development with a total of 2,500,000 square feet. The commercial property will have 25,000 square feet for commercial land-uses. This application does not have a specific land-use identified but the applicant plans to market it for warehousing due to its proximity to the Virginia Inland Port. Warehousing and distribution facilities are land-uses allowed by-right in the Industrial zoning district and are compatible with the current Warren County Zoning Ordinance.”
With the property’s proximity to a large Commercial/Industrial area, including the Inland Port, as well as close access to a four-lane divided state road that intersects southbound with Interstate 66 east/west, which in turn intersects with Interstate 81 north/south, the Agenda packet staff summary also noted: “The Future Land Use Map in the Comprehensive Plan identifies this area to be used for Industrial land uses and zoned Industrial (I). The request currently is compatible with the Future Land Use map of the Comprehensive (Plan) since this property is shown to be Industrial (I).”
Graphics from agenda packet on the removed rezoning request public hearing. We’ll have to wait a while, but not more than a year, to hear the arguments for and against the proposed rezoning. The agenda packet included a petition against the rezoning containing 54 signatures of Blue Ridge Shadows homeowners who live just south of the 448-acre Slate Run Farm LLC property proposed for rezoning from Agricultural to largely Industrial zoning development.
So, while approval of the requested rezoning might seem a logical conclusion to the request due to existing future land use Comp Plan guidelines and transportation infrastructure, it will have to wait, as will the arguments against the rezoning by impacted north-side residents. So, the “Future is NOT quite NOW” for 448.2-plus acres of north-side property earmarked for “future” industrial development. One might guess that the applicant will need to submit a more detailed proposal on planned development to stem the tide of public opposition, opposition that might capture some supervisors attention. Included in such detail might be whether the currently proposed 25,000 square feet (cited at 4.47 acres of the 448.2+ involved acres, or 2,500,000 total s.f.) of Commercial land use will be enough and of the sort that might provide a benefit to area residents that might neutralize some of the opposition to the Industrial aspect of the proposal. But that is a discussion that is put off for now, though for not more than a year.
Other business
With the Slate Run Farm LLC rezoning removed from the agenda, that left the following public hearings for comment and action by the county’s supervisors. For the most part there was little to no public feedback other than by applicants called to the podium by board Chairman Vicky Cook, leading to a string of eight consecutive unanimous approvals, until the ninth and final public hearing on a Vesta Property Management Short-term Tourist Rental Conditional Use Permit application:
- CUP2023-09-06 – Vesta Property Management (John C. & Johanna R. Villalobos) A request for a conditional use permit for a Short-term Tourist Rental – staff presentation by Zoning Administrator Chase Lenz – The property is located at 207 Gary Lane and identified on tax map 15D, section 2, block 5, lot 202. The property is zoned Residential-One (R-1) and located in the Shenandoah Farms – River View section and in the Shenandoah Magisterial District.
County Zoning Administrator Chase Lenz handled the bulk of the staff summaries of public hearing topics.
It was noted that unlike the previously considered matters, the County Planning Commission had forwarded this request with a unanimous recommendation of denial due to a requested waiver of the county code 100-foot setback requirement for Short-term Tourist Rentals. Also unlike a previous considered request requiring a 100-foot setback waiver, the impacted neighbor, Anna Habley, whose property lies 62-feet from the proposed Short-term Tourist Rental, opposed the waiver. See this public hearing at the linked County video mark of 59:03, with Ms. Habley’s comments at the 1:01:45 video mark. And through some wording confusion, on Supervisor Mabe’s motion to deny, second by Butler, this CUP application was unanimously denied.
Unanimous Approvals
Prior to that denial, as noted above, the string of unanimous approvals included:
- – Ordinance to Amend Chapter 30 of the Warren County Code and to add and ordain Section 30-10 – staff report Ashley Woodall: motion to approve Oates, second Cullers, unanimous approval.
- R2023-09-01 – Comprehensive Plan Amendment – Future Land Use Map – Jennifer Wynn (Riverside Parcel 1 LLC) – staff summary Chase Lenz – A request to amend the Warren County Comprehensive Plan and Future Land Use Map for a rezoning from Agricultural (A) to Commercial (C). The property is identified on tax map number as TM# 28, parcel 124A. Motion by Mabe, second Cullers, unanimous approval.
- R2023-09-01 – Rezoning – Jennifer Wynn (Riverside Parcel 1 LLC) – staff summary Chase Lenz – A rezoning application to amend the Warren County Zoning Map to rezone a 1.66-acre parcel from Agricultural (A) to Commercial (C). The property is located at 10353 Stonewall Jackson Highway and identified on tax map 28 as lot 124A. The property is located in the South River Magisterial District and the proposed by-right land use is for a (tourist) hotel/motel. Despite some concern on assuring safe access and egress, on motion by Cullers, second Butler, unanimous approval.
- CUP2023-09-01 – Douglas Salzman conditional use permit request for private use camping – staff report Chase Lenz – A request for a conditional use permit for a Private Use Camping (Non-Commercial). The property is located at (0) Avalon Drive and identified on tax map 20C, section 1, block 4, lot 42. The property is zoned Residential-One (R-1) and located in Shenandoah River Estates subdivision and in the Shenandoah Magisterial District. Motion by Oates, second Mabe, unanimous approval.
- CUP2023-09-02 – Fox & Slate Investments, LLC – staff summary Chase Lenz – A request for a conditional use permit for a Short-term Tourist Rental. Staff report Chase Lenz. The property is located at 1312 Old Oak Lane and identified on tax map 17A, section 4, lot 11A. The property is zoned Residential-One (R-1) and located Shenandoah Farms – Chain Spring section of Subdivision and in the Shenandoah Magisterial District. Motion by Mabe, second Cullers, unanimous approval.
- CUP2023-09-03 – Adam Graziano for a short-term tourist rental – staff summary staff summary Chase Lenz – A request for a conditional use permit for a Short-term Tourist Rental. The property is located at 40 Sunset Village Road and identified on tax map 27B, section 2, lot 106A1. The property is zoned Residential-One (R-1) and located in the Junewood Estates subdivision and the Fork Magisterial District. Motion by Butler, second Mabe, unanimous approval.
- CUP2023-09-04 – Richard & Jennifer Jamieson for a guesthouse – staff summary Matt Wendling – A request for a conditional use permit for a Guesthouse. The property is located at (0) Knock Lane and identified on tax map 10P, section 4, as lot 18. The property is zoned Agricultural (A) and located in the Gafia Estates at Lake John subdivision and in the North River Magisterial District. Motion Oates, second Cullers, unanimous approval.
- CUP2023-09-05 – Vesta Property Management (Sergio L. Herrera) – staff summary Chase Lenz – A request for a conditional use permit for a Short-term Tourist Rental. staff summary Chase Lenz. The property is located at 141 Farms River Road and identified on tax map 15B, section 1, block 1, lot 59. The property is zoned Residential-One (R-1) and located in the Shenandoah Farms – River View section and in the Shenandoah Magisterial District. Motion by Mabe, second by Cullers, unanimous approval.
- Proposed Lease Agreement – Warren County Community Health Coalition – staff summary Tiffany Walker – Walker informed the board staff was asking to postpone the public hearing and action on the item as the lease was being revised and updated with the process not yet completed. On a motion by Mabe, second by Cullers, the board unanimously agreed to table the matter to a future date.
- Warren County Parks and Recreation Lease Agreements – Front Royal Little League use of Champs 53 Field Complex – staff report Recreation Manager Tiffany Walker, Office Manager Dana Winner – After some board discussion, beginning at 1:06:45 video mark, about reassessing actual costs for upkeep and property management related to various youth sports, including Midget Football’s use of County-owned property for their games and practices, so as to make them as affordable as possible, on a motion by Cullers, second by Mabe, the board unanimously approved the proposed lease agreement dating back to October 12, 2023, with the Front Royal Little League.
It’s business taken care of for the evening, the meeting was then adjourned at 7:17 p.m.
Click here to watch the Warren County Board of Supervisors Meeting of November 28, 2023.
Local Government
Bittersweet Town Council Meeting Celebrates Gains While Acknowledging Losses to the Community
On Monday, November 27, at 7 p.m. in the Warren County Government Center, the Front Royal Town Council held a regular meeting wherein they heard reports from council members as well as the town manager.
The meeting was brief, lasting only thirty minutes, but in that time, Mayor Lori Cockrell recognized several individuals for outstanding service. She also asked all in attendance to remember in their prayers people this community has recently lost, including the passing of Arthur Maddox of Maddox Funeral Home. Serving that evening in his new capacity as councilman was Glenn Wood, who was warmly welcomed by council.
School children Connor and Evelyn Bass lead the meeting in the pledge of allegiance. Below, Angela Toler is recognized by council for her service on the Board of Architectural Review (BAR). Toler has reached the three-term maximum appointed Town board service limit. Royal Examiner Photos Brenden McHugh
In his report, Town Manager Joe Waltz conveyed that water conservation is no longer needed for the town due to recent rainfall. “Due to the rain we had last week before the holiday,” he explained, “the river has risen to a level that we no longer need water conservation efforts.” He added, “I will caution the community that we are still in a drought condition,” if rain is not forecasted in the future, “we could conceivably be back to mandatory water conservation.” Waltz also reminded the community of the upcoming “Christmas on Main” event on Saturday, December 2, with festivities starting at noon and the town’s Christmas Parade starting at 4 p.m., followed by the lighting of the Christmas tree around 6 p.m. in the downtown Village Commons park area after the parade.
Can’t light a Town Christmas Tree without downtown electricity – Four electric linemen are recognized by council for their service, left to right are Travis Petty, Ryan Lyerly, Chris Cubbage, and Alan Bell.
Councilwoman Morris commented on the current disposition of the Afton Inn project, which was supposed to be completed in 2023 but, to this date, has made no visible progress. Council had expected to hear a report at their last work session from investor Alan J. Omar, who is involved in the development of Afton Inn, but that report has not materialized. Mayor Cockrell emphasized that she is still working hard to facilitate that report as soon as possible. Morris also congratulated Councilwoman DeDomenico-Payne on her November 7 victory at the polls wherein she continues as a member of the Town Council. Morris also welcomed Wood warmly.
Councilman Bruce Rappaport reflected on his lifelong friendship with Arthur Maddox, which dates as far back in his memory as the time when he was only eight years old, attending the cinema with his friend Arthur to see movies like The Great Escape. “He was a real gem,” Rappaport said, “one of the finest individuals I’ve ever met.” Rappaport also highlighted the good news that VDOT has granted roughly $2.6 million to the Town for road-related improvements and maintenance in the 2024 fiscal year. That announcement of VDOT’s road funding was followed by Consent Agenda action related to the acceptance of those funds, as well as approval of Resolution in support of applying for additional funding for Highway Safety Program improvements.
After passing the seven-item Consent Agenda, council went into closed session to discuss personnel issues as well as HEPTAD litigation against the Town.
Click here to watch the November 27, 2023, Front Royal Town Council Meeting.
Local Government
Supervisors Approve Support of Silent Falcon Job Creation Grant Time-Frame Extension, Note Full Funding of Samuels Public Library
After hearing from four residents of the Cedarville Heights Subdivision area regarding concerns about the length of time — estimated at 18 months to two years — an access road may be closed during planned VDOT-overseen upgrades in the coming year, and a final Public Comment on election day processes; then going through board and staff reports at its meeting of Tuesday, November 21, the Warren County Board of Supervisors tackled routine business including Approval of Accounts and Appropriations and Transfers, among other housekeeping items. As has become a routine expression of discontent with vagaries in some departmental Accounts and Appropriation submissions, South River District Supervisor Cheryl Cullers cast a lone dissenting vote on both the accounts and appropriations approvals.
The county supervisors pondered Cedarville Heights subdivision impacts of coming VDOT-overseen road improvement work projected to incur a lengthy – 18 months to 2 years – closing of a key area access road, among other issues, on Tuesday evening. Below, board Chair Vicky Cook had good financial news to report for Samuels Public Library – full FY-24 funding of over a million dollars and an increase in public donations in support of the library’s recent battle with ultra-conservative, anti-LGBTQ elements of one county religious community.
During her report, Board Chairman Vicky Cook noted that in the wake of joint approval of a new County/Samuels Public Library Memorandum of Agreement (MOA) maintaining the library’s operational integrity, the library was now fully funded for Fiscal Year 2023-24 to the tune of $1,024,000. In the wake of the last library board of trustees meeting, of which she is a county representative, Cook also reported that the 501 C-3 non-profit Samuels Library “to date have exceeded their unrestricted donations by 1500% (fifteen-hundred-percent).” Royal Examiner verified those numbers with library representatives, who acknowledged a wide-ranging source of donations in response to the recent LBGTQ content/availability issues. As much as $75,000 to date has been donated to help with legal and appeal expenses likely to continue for at least a year, according to library officials.
Under “Unfinished Business,” the board then dealt with two items related to amendments to Family Subdivision Codes. First among those was a request to amend Chapter 180 of County Codes regarding “accessory uses for subdivisions and combinations of subdivisions and cluster housing developments to subsection E and to add provisions for family subdivisions and combinations of subdivisions and family subdivisions to the Agricultural (A) zoning district regulations.”
Second was “a request to amend Chapter 155 of the Warren County Code Section 155-3(B)(1)(b) Family Subdivisions to add subsection: Family subdivisions shall only be permitted for land in the Agricultural zoning district.”
Both requests were approved by 4-0 votes, with Supervisor Cullers abstaining as she explained over an off-handed remark at an earlier meeting noting that Cullers and her husband owned eligible property in an Agriculturally zoned area, so could profit from passage of the requested ordinance amendments. Cullers abstained, though she had pointed out that she had no role in bringing these code amendment requests forward.
Let’s talk about Silent Falcon
Moving towards a Consent Agenda with a 24th item added at the meeting’s outset, Cullers pulled one item, number 19, out for additional discussion prior to a vote of approval. That item was a vote on a Letter of Support for Drone operator Silent Falcon’s request for a 15-month extension to realize completion of its Virginia Jobs Investment Program (VJIP) business development grant project. As noted in the staff summary in the agenda packet, the current completion date rapidly approaching is December 31, 2023. But as Silent Falcon CEO Grant Bishop explained at the November 14 supervisors work session, the company, which relocated what had been a manufacturing-based business here from its previous New Mexico headquarters, has pursued a change of focus to operational uses of its drone fleet. Primary among those operational uses are airport inspections utilizing drones and A.I. technology on what appears to be an emerging global target market.
At a Nov. 14 Supervisor’s work session, Silent Falcon CEO Grant Bishop addresses his company’s change of operational emphasis since relocating here from New Mexico. Below, with County Attorney Jason Ham to his left, County Administrator Ed Daley explains the county government shoulders no financial risk by endorsing Silent Falcon’s request for a 15-month extension of its state grant-supported Virginia Jobs Investment Program business development project.
County Administrator Ed Daley left, reminded the county board that their Harrisonburg-based County Attorney Jason Ham, right, was paid by the hour, including sitting and listening to reports unrelated to his work for the County while awaiting a re-positioned Closed Session at which he was needed for all three topics.
And while Cullers expressed concerns that Silent Falcon has not reached any of its original employment benchmarks, including job creation, County Administrator Ed Daley explained that endorsing the company’s requested extension presents no financial risk to the County. Any financial consequence of a longer-termed failure to meet its Virginia Jobs Investment Program benchmarks will rest with the company and the state government source of the grant.
Responding to questions, County Economic Development Director Joe Petty explained that the now County-overseen FR-WC Economic Development Authority has been working with Silent Falcon with the goal of keeping them here in Warren County as they face expansion and the need for a larger location than their current one at the County-owned Front Royal Airport (FRR). Noting the potential for good-paying, tech jobs for local citizens from the company’s presence and shifting operational goals, Petty told the supervisors, “We’re working to keep them here in Warren County.”
County EDA Director Joe Petty explained the now County-overseen FR-WC EDA is working with Silent Falcon in its search for a new location to house its expanding operational needs as it transitions its business model. “We’re working to keep them here in Warren County,” Petty said, due at least in part to the company’s tech job creation potential.
And with no financial risk at stake for the County, the board majority sided with Supervisor Delores Oates, who noted, based on staff input on that lack of financial risk, that it will cost the County nothing were Silent Falcon to fail in its operational shift and job creation goals. “It’s a risk worth taking,” Board Chairman Vicky Cook said of the majority opinion. Oates’ motion to approve the requested and required municipal letter of support for the extension that will be sent to the Virginia Economic Development Partnership passed by a 4-1 vote, Cullers dissenting based on her ongoing concerns about the company not having met its initial employment benchmarks. It was noted during the discussion that not only the company’s change of operational focus had slowed its initial job projections down, but the company’s relocation also came during a portion of COVID’s negative impacts on business operations in general.
Prior to adjournment, the board unanimously approved a trio of requests. Those included a Resolution in support of a Realignment of Private Access Easement for James Michel, a Conservation Easement submitted by Tom Lockhart, and proceeding with Phase 3 of the Senior Center redevelopment process. On that latter matter, while Chairman Cook noted that the project was now projected at a $61,000 budget overrun, original projections were double that at $120,000 over budget. And while Supervisor Oates observed that the $85,000 price of a range hood still gave her “heartburn,” she joined her colleagues in committing to the continuation and completion of the upgrades to the Senior Center.
With no other New Business to be added to the agenda, the meeting adjourned at 8:25 p.m.
Click to watch the Warren County Board of Supervisors Meeting of November 21, 2023.
Local Government
UPDATED: Town Planning Commission Hears Concerns About Private Schooling Impacts on Public Property; Recommends 5-Acre Minimum PND District Size
(Writer’s note: the list of churches mentioned by Public Comments speaker Kate Heneberry has been corrected to exclude the Lutheran Church originally cited. The churches she cited in her remarks were Front Royal Presbyterian, St. John the Baptist Catholic, Front Royal United Methodist, and First Baptist. The Royal Examiner regrets any confusion the error caused.)
The Front Royal Town Planning Commission met on Wednesday, November 15, and in the absence of the regular Clerk Connie Potter, immediately voted unanimously to appoint Zoning Administrator John Ware as Clerk Pro Tempore.
Kate Heneberry, who lives on Luray Avenue, was the only speaker during the Citizen Comments portion of the meeting. She addressed the commission to express her concern about increased organizational uses in that area, which includes schools, churches, and, in particular, private schools located in single-family structures or churches, leading to on-street parking shortages and an “appreciable reduction in traffic flow.” One cause of this is an increase in traffic volume at student pick-up and drop-off peaks. In the case of St. John the Baptist Catholic Church, Ms. Heneberry asserted that the church, unlike the Neighboring Presbyterian, Methodist and Baptist churches, “apparently does not have enough parking for its parishioners and students.” However, it wasn’t clear from satellite imagery that the Catholic Church’s off-street parking is any smaller than the other churches.
Town Planning Commission Chair Daniel Wells listens to citizen comments during Wednesday’s regular commission meeting. Below, During Public Comments, Kate Heneberry addressed the commission to make it and the Town Planning Department aware of parking and traffic problems on Luray Avenue as a result of “organizational uses” – mainly private church or home schools – at properties in that neighborhood.
Ms. Heneberry was also concerned that some of these organizational uses might not meet health and safety standards, as single-family residences may not have the public safety infrastructure to accommodate a student body. She also cited problems with students using Bowman Park for recess, lunch, and sometimes outside learning. She said that the damage to the grounds has led to a loss of grass and trees. She urged the Town to address these impacts during the review and approval of applications related to organizational uses in residential districts.
There were three items on the Consent Agenda for approval to advertise for coming public hearings:
The Warren Coalition has made a request for a Special Use Permit for a lodging house located at 501 S. Royal Avenue in the Community Business District. It is zoned Community Business District (C-1) and is also located in the Entrance Corridor.
Skyline Realty Investments, LLC has submitted a Rezoning Application for a request to rezone 29 W. Duck Street from C-1, Community Business District to R-3, Residential District.
Cook Realty, LLC has submitted a Rezoning Application for a request to rezone 1121, 1125 and 1135 John Marshall Highway, from R-1, Residential District to C-1, Community Business District.
On a motion by Vice-Chair Connie Marshner, seconded by Commissioner Wood, the Commission voted unanimously to approve the consent agenda items, allowing coming public hearings to be advertised. Those hearings should be held at the next scheduled Commission meeting.
The Commission then turned its attention to the two items scheduled for public hearings.
Magdalen Capital, LLLP, has submitted a request to amend the current Zoning Ordinance Sections 175-37.3.C, 175-37.4.A & 175-37.17.As the Royal Examiner previously reported, the minimum acreage requirement for the Planned Neighborhood Development District (PND) from the existing 20 and 50-acre minimum lot requirements to a 2-acre minimum lot requirement. This is the minimum total development size, not the individual lot size. Under the Town’s zoning ordinance, the maximum allowable residential density is six dwelling units per acre – and only at the discretion of the Town Council, making a theoretical planned development of 2 acres under the revised ordinance only capable of 12 dwelling units. Otherwise, the parcel is still subject to the density restrictions of the parcel prior to rezoning.
Planning Director Lauren Kopishke told the Commission that Planning Department staff had consulted with its contractor assisting with the rewrite of the Zoning Ordinance and concluded that a 2-acre minimum would not work with the current open space requirements but that staff would recommend a 5-acre minimum instead.
Commissioner Glenn Wood asked how long this ordinance had been in effect. Answer: Since 2011. Commissioner Brian Matthiae asked if this proposed change is in accordance with the new Comprehensive Plan that the Town Council just approved. Planning Director Kopishke: “The Comprehensive Plan lays out goals for increased mixed-use and provisions for affordable housing, so I believe this opens the door for that.” However, she went on to say: “The staff supports the change to reduce the minimum acreage, but I do think that 5 acres is the right minimum.”
Vice-Chair Marshner asked about the process for approval of a PND if a property owner has such a parcel. Planning Director Kopishke responded: “They would need to submit a rezoning application, and we would review it to see if it is in conformance with the Comprehensive Plan. If it is, typically at that point, it would come before the Planning Commission to determine if it was appropriate, and if so, the Commission would forward it to the Town Council with a recommendation for approval.”
At the public hearing, there were two speakers. Neighboring resident Linda Turner, whose property adjoins that under consideration for rezoning for a PND, opposed the ordinance change. She asserted that the current zoning ordinance’s 20 to 50-acre minimums are a safeguard for the community, and allowing a 2 or 5-acre minimum would open the door to “pop-up areas of Development,” potentially turning Front Royal into a “mini-Manassas.” The current zoning of the property would allow the construction of 22-27 homes, and that number alone will add significantly to the increasingly heavy traffic along the Happy Creek corridor, Turner told the commission.
The second speaker, Megan Marazzo, related her experience in new construction and urban infill to illustrate the point that a 2-acre minimum for PNDs is “unheard of” and cited the experiences of places like Leesburg and Ashburn, which have experienced drastic changes due to similar development proposals. She urged the town to identify all the potential parcels that could conceivably be “ripe for the picking” if such a zoning change were approved.
Linda Turner was the first of two public hearing speakers urging caution on reduced Planned Neighborhood Developmental (PND) District minimum lot sizes – from 20 to 50 acres to 2 acres. Below, Magdalen Capital Partner Alex Stieb explained the reasoning for PND zoning size reductions and for the development of a parcel off Happy Creek Road, ranging from up to 27 tract houses to a mixed-use development of single and multi-family homes and small commercial uses. The Commission voted to recommend approval for the Ordinance change at a 5-acre minimum and the requested rezoning.
Representing Magdalen Capital LLLP, Alex Stieb addressed the Commission and said that a 20 or 50-acre minimum inhibits smaller builders from doing developments. The proposed 2 or 5-acre developments would allow quality local builders to develop smaller pockets. He pointed out that large developments of 20-50 acres also have a heavy regulatory and environmental burden that small local developers cannot handle.
After a motion by Vice-Chairman Marshner, seconded by Commissioner Michael Williams, to recommend approval of a 5-acre minimum, the Commission discussed the proposed change. Commissioner Wood asked Zoning Administrator-cum-clerk pro tempore John Ware if an inventory of available parcels in the town of 20 acres or more was done. Answer: 16 parcels in town meet the 20-acre threshold of the current ordinance, but Planning Department staff has not done an inventory of how many parcels there would be if the 2 or 5-acre change were made.
The Commission then voted unanimously to recommend a 5-acre minimum, rather than the requested 2 acres, in the ordinance. The text-amended ordinance will go to the Town Council for a final decision.
Magdalen Capital, LLLP also has submitted a request to rezone a parcel at 311 Leach Street, identified by tax map number 20A9-1-3, from R-S, Suburban Residential District to PND (Planned Neighborhood Development District), and adjoining properties from R-1, Residential District to PND as well. This rezoning would only be possible if the Zoning Ordinance text amendment is approved.
In the applicant’s presentation, Magdalen Capital partner Stieb told the commission that a by-right development on that parcel (requiring no rezoning) would essentially be a tract housing site with 26 to 27 single-family homes with no commercial infrastructure. “There’s not a lot of add-value to the town. Nationwide studies show that single-family developments are a net negative,” Stieb told the commission. A mixed-use PND could attract a traditional “corner store” as part of the commercial component. Stieb reasoned that the commercial component would generate tax revenue to offset the public infrastructure costs. So far, the applicant has developed only conceptual versions of the PND that would allow higher-density multi-family units and site plans would have to be provided before actual development could be approved to begin.
At this public hearing, local resident Tanya Jones reiterated the previous speakers’ opposition to the Zoning Ordinance change and told the Commission that she prefers that the developer pursue the by-right option rather than the PND because of the impact on the land and the traffic on Happy Creek Road.
At the end of the public hearing, the Commission discussed the points raised at the Public Hearing. Planning Director Kopishke reminded the commission that no matter what option was eventually followed by the applicant, the Planning Department and the Commission would have to issue and approve a site plan, which would also require Town, County, and State approval before permitting and construction could begin. After some further discussion, on a motion by Commissioner Williams, seconded by Commissioner Wood, the Commission voted unanimously to recommend approval of the rezoning under the new zoning ordinance changes, which have, again, not yet been implemented by the Town. The application will now go to the Town Council for final action. The council will announce when the rezoning will be on its agenda.
Planning Director Kopishke announced that the department had issued 28 zoning permits in October, 18 new zoning enforcement cases, making a total of 320 cases for the year, four new land use applications, eight sign permit applications, and 12 business licenses. The department has met with their consultant and expects a draft zoning and subdivision ordinance in January or February for the Planning Commission to review.
Click here to watch the Front Royal Planning Commission Meeting of November 15, 2023.
Local Government
County Board Traverses Multi-Faceted Work Session Featuring Silent Falcon Drone and Corridor Connector Bus Operational Updates
The first order of business at Tuesday evening’s 6 p.m. convened work session of the Warren County Board of Supervisors was a re-arrangement of the agenda, which included moving a slated Closed/Executive Session for legal advice on three topics from the opening item of business to an undetermined later point.
The open work session then began with presentations by representatives of, first the Virginia Regional Transit Central District/Corridor Connector bus system (2:10 video mark); then the Front Royal Airport (FRR) based Silent Falcon company (14:20 video mark).
Va. Regional Transit Central District Manager Michael Socha opened the work session with an upbeat update on the ‘Corridor Connector’ town to county bus transportation operation (2:10 video mark). Below, Silent Falcon CEO Grant Bishop followed with a report on his company’s changing operational focus and its potential from coupling drone and A.I. technologies to improve airport inspections and safety standards, which Silent Falcon appears to stand at ground zero of (14:20 video mark).
The third presentation was financial contractor Davenport company’s review of the County’s current financial status and rating assessment by Moody’s (1:04:55 video mark). On that latter front the board was told the County has been able to maintain a “very strong” Double AA financial rating, Double AA+ in some areas, with Triple AAA being the top of the financial heap rating.
Chairman Vicky Cook asked why the FR-WC EDA debts, including from the financial scandal era, weren’t included in the County financial analysis. It was explained that the EDA being a separate quasi-governmental entity, albeit one created by municipal governments to assist in their positive economic development, are the officially responsible agency for their debt, not the municipality, in this case Warren County and likely also the Town of Front Royal, which was a participating founding entity at the time the existing EDA debt was created. However, the Davenport rep indicated that he was working with County EDA Director Joe Petty on potential implications or impacts of that EDA debt on county finances were the now County-overseen EDA to default on its debt.
Earlier, Petty explained in introducing the Silent Falcon presentation, that the company which relocated here from New Mexico several years ago amidst the initial COVID pandemic impacts, is seeking a Letter of Support from the county supervisors for a 15-month extension of it operational programs based out of the County-owned Front Royal Airport. Silent Falcon’s business realignment from the manufacture of drones from their pre-COVID, New Mexico headquarter days, to their drones use in conjunction with A.I. technology to map out and identify physical problem areas at airports on a global scale, was explained in some detail. It is a change of business focus since arriving here at the County airport.
And while Supervisor Cheryl Cullers pointed out the company hadn’t met its projected employee and salary benchmarks presented with their arrival, saying she would need “more info to endorse” an extension of the arrangement with the company, Supervisor Delores Oates countered that the presence of an evolving and cutting edge technology business in the community is viewed as an overall plus for economic development and job generation moving forward. Most supervisors seemed to agree with that assessment.
Speaking of the potential of expanding a global technology revolution in airport safety, among other drone-related operational avenues from a base right here in Warren County, here is a frame from the Silent Falcon graphic projection presentation.
Virginia Regional Transit Central Manager Michael Socha gave the board an update on Corridor Connector bus operations, and took suggestions on areas to explore, like running scheduling adjustments to accommodate shift changes in some of the north corridor commercial and industrial areas. Socha noted the 50-cent fare remains suspended and noted a new bus would be coming soon with no local match costs required.
Following those three presentations exactly where to place that deferred Closed Session came up. When it was suggested by Chairman Cook to finish the rest of the open work session agenda then go into closed session, County Administrator Ed Daley reminded the chair and her colleagues that they pay County Attorney Jason Ham of the Harrisonburg-based Litten-Sipe law firm “by the hour” and that Ham had been promised a relatively early exit from the work session, which by 7:40 p.m. was somewhat past the early departure window. So, the chair and her board opted to go immediately into Closed/Executive Session at 7:45 p.m.
It was an attorney-driven triple header Closed Session featuring legal advice regarding the pending three-party MOA (Memorandum Of Agreement) between the County, Town, private-sector Reaching Out Now group on resurrection of a community-wide Youth Center at the old Santmyers Youth Center facility owned by the County. Other topics were legal issues regarding board meeting policies and two county properties on 2nd and Hillidge Streets. The board and staff didn’t emerge from that closed session until 9:25 p.m., an hour-and-40 minutes later. So much for that “early out” for the drive back to Harrisonburg, Jason.
County Administrator Ed Daley, left, reminded the county board that their Harrisonburg-based County Attorney Jason Ham, right, was paid by the hour, including sitting and listening to reports unrelated to his work for the County while awaiting a re-positioned Closed Session at which he was needed for all three topics.
Finally out of closed session the board dealt with four more work session agenda items prior to adjourning less than an hour later at 10:11 p.m. Those included the financial implications of a Virginia 250 State Tourism Program matching grant that would move the lone existing acknowledgment of lost Revolutionary War soldiers on the Courthouse grounds, a foot-stone marker determined to have been gifted by the Front Royal Chapter of the Daughters of the American Revolution in 1990, to a more prominent location and add a bench marker to that display. It appeared that cash out of pocket remaining to the County would be $1,625 of a $8,075 dollar 50/50 match on a total cost of $16,150.
Wait a second, the proposed new memorial bench won’t sit on top of the re-positioned existing county Revolutionary War soldier marker on the courthouse grounds, will it? – At least one supervisor, Cheryl Cullers, wondered after viewing graphics accompanying the Va. 250 anniversary grant proposal review package.
Next was a revisiting of Criteria for Waiving the 100′ Setback from Neighboring Dwellings on Short-Term Tourist Rental permitting applications. The staff summary of an inquiry by the supervisors on adjusting county codes to bypass so many individual application waiver decisions reported this:
“Both the Planning Commission and the Board of Supervisors indicated a preference for keeping the setback requirement as a supplementary regulation that the Board of Supervisors can waive. The Board of Supervisors requested Planning staff to work on potential criteria for the Board to consider when deciding whether a waiver of the setback is appropriate.
“Planning staff believe building out criteria under the 100’ setback requirement in the supplementary regulations for short-term tourist rentals is unnecessary and could complicate the decision to reduce the setback. The ‘criteria’ is already in the Code.”
Planning Director Wendling concluded that while the staff preference is to maintain the status quo of the board granting waivers based on conditions specific to individual applications, it would be advisable for the County to work closely with neighborhood POAs (Property Owner Associations) to see that the interpretation of county codes regarding short-term rentals don’t automatically override “Restrictive Covenants” those POAs may establish for specific neighborhoods based on a residential majority’s desire that the short-term rental use not become an allowed use in their neighborhoods.
After delaying the discussion of the County Handbook on Personnel Policies & Procedures to a future date, County Administrator Daley led the board through a preview of the coming Fiscal Year-2024/25 budget meeting schedule. And with that, as noted above, the meeting adjourned at 10:11 p.m., only 4 hours and 11 minutes after it began.
Click here to watch the Warren County Board of Supervisors Work Session of November 14, 2023.
Thank You to our Local Business Participants:
