Staff Requested Family Sub-Division Code Changes Tabled Due to Confusion Over Local and State Time-Frame Wording

What was progressing as a routine and fast-moving Tuesday, October 24, public hearing meeting of the Warren County Board of Supervisors, with a lack of public input on the first three of five scheduled agenda items, took a turn when the board hit those final two items. Those items related to planning department staff suggestions on changes to “Family Subdivision” county codes.

According to the agenda staff summaries, the first proposed amendment was: “A request to amend Chapter 180 of the Warren County Code to amend Section 180-21 to move the listed accessory use 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. Discussion indicated that, essentially, the amendment would facilitate two additional family subdivision lots on qualifying properties in the Agricultural (A) zoning district.

During the discussion of the first of the two proposed amendment changes, Board Chair Vicky Cook spotted a difference in the wording of the suggested local code amendment and a related State code indicating a time-frame requirement. Cook pointed out that the proposed county code change noted a 5-year ownership requirement, while the state language appeared to indicate a 15-year ownership requirement. Despite staff assurances from Planning Director Matt Wendling and Zoning Administrator Chase Lenz that legal staff had reviewed the proposed changes and suggested no conflict in the code requirements, the board chairman remained unconvinced.

County Board Chair Vicky Cook worried over a time-frame wording discrepancy between the proposed County Code amendment and State Code references to length of ownership to qualify for Family Sub-division zoning. Staff, below Planning Director Matt Wendling, right, and Zoning Administrator Chase Lenz pondering background info on their computers, noted legal staff, absent Tuesday evening, had not cited any disqualifying wording in the proposal. The board and its chairman decided to err on the side of caution in tabling action.

In the wake of a procedural observation from County Administrator Ed Daley, Cook suggested the board table the matter for additional legal review. Consequently, Shenandoah District Supervisor Walt Mabe’s motion to approve the code amendment as unanimously recommended by the planning commission, died without a second. Jerome Butler then offered a motion to table the matter until the board gets direct legal department answers to questions regarding the 5-year versus 15-year time-frame wording discrepancy. After Mabe’s second, Butler’s motion passed by a 3-0 vote, with Delores Oates absent and Cheryl Cullers abstaining. Cullers prefaced her abstention as a reaction to an earlier observation that her family owns a family farm that might qualify as a Family Subdivision. Apparently, deciding to err on the side of caution, Cullers chose not to vote on the code amendment her family might someday conceivably benefit from.

However, Cullers made it clear that she had no role in bringing this matter forward. In fact, in response to a question from Cook about why the zoning amendments had been brought forward, Planning Director Wendling explained that it was due to “recurring questions from surveyors” working on family-owned properties that could qualify for the family subdivision category. The lone public hearing speaker, local surveyor Joe Brogan, verified Wendling’s response to Cook while speaking in support of the ordinance amendment. Brogan noted that in the wake of the COVID outbreak, many families were seeking to bring previously distanced family members closer in order to be able to offer health and other assistance when and if necessary.

Local surveyor Joe Brogan spoke in favor of the proposed zoning text amendment on Family Subdivisions. He noted a post-COVID trend to bring distant family members closer for assistance when needed.

Approximately 40 minutes after that Agenda Item F staff presentation, board discussion, and public hearing began, the supervisors tackled part 2, item G of the staff-suggested Family Subdivision code amendments. Next up was a request to amend “Chapter 155 of the Warren County Code Section 155-3(B)(1)(b) Family Subdivisions” to add this subsection: “Family subdivisions shall only be permitted for land in the Agricultural zoning district.”

Following the staff presentation by the planning director and a briefer board discussion totaling about 10 minutes, Mabe’s motion to table, seconded by Butler, was approved by the same 3-0 vote, Oates absent, and Cullers again recusing for the same reason cited, in the earlier vote.

The staff summaries of those two agenda items noted that the planning commission had unanimously recommended approval of both code amendments.

Earlier Public Hearings

The three previous public hearings brought comment only from two of the applicants as the board chair’s offer. Without public comment or much in the way of board discussion, those three matters were all approved by 4-0 votes, with Oates absent. They were:

1103. Public Hearing – Conditional Use Permit 2023-08-01 – Renee Grebe & Matthew Iden/Kyrrheim LLC for a Short-Term Tourist Rental – A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 7 Cresthill Lane and identified on tax map 24D, section 1, block 100, as lot 1103. The property is zoned Residential-One (R-1) and is located in the Shenandoah Magisterial District. – Staff presentation by Chase Lenz, Zoning Administrator.

The planning commission unanimously recommended approval. And on a motion by Supervisor Mabe, second by Butler, the CUP request was approved by a 4-0 vote.

49. Public Hearing – Zoning Text Amendment Z2023-08-03 – Lighting – Warren County Planning Staff – A request to amend Chapter 180 of the Warren County Code to amend Section 180-8C to add the definitions of Footcandle, Fully Shielded Fixture, Glare, Outdoor Lighting Fixture, and Recessed Canopy Fixture and to amend Section 180-49.2 to modify and update the lighting requirements and standards in all zoning districts, including special requirements relating to review of site plans for commercial and industrial land uses. – Staff presentation Chase Lenz, Zoning Administrator.

The staff agenda summary noted that citizen complaints were received “about glare and exterior flood lights aimed toward neighboring homes causing a nuisance and excessive lighting into roadways from commercial properties. The current code has no way to enforce and regulate these issues. Staff has written this new code, which would give staff the ability to help all residents who have this issue 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 foot-candles and not by the wattage of the specific bulb. The current code section §180-49.2 definitions will be moved to Section §180-8.

Again, the planning commission had forwarded with a unanimous recommendation of approval. And on a motion by Supervisor Cullers, second by Mr. Mabe, the Text Amendment was approved by a 4-0 vote.

1. Public Hearing – CUP2013-09-01 – Commercial Auto Repair Garage – William (Bill) Long Modification to remove condition #10 and Dissolve the Agreement to Provide an Easement to VDOT. – Staff presentation Matt Wendling, Planning Director. It was noted that Warren County Code section 180-63(G) for modification and permitted uses to Conditional Use Permits requires that the Board hold a public hearing when considering such requests to existing agreements.

Lone Pine Holdings LLC’s Bill Long, at podium, addressed his auto-repair company’s request for amendment to an existing Right of Way agreement with the County due to changing circumstances. The request was unanimously approved

The staff agenda summary appeared to indicate a mutually agreeable resolution to an existing agreement between the Longs and the County that has, at least in part, become unnecessary. It states: “A modification to conditional use permit for a Commercial Auto Repair Garage to remove Condition #10 is required if the BOS agrees to dissolve the agreement for 60’ Right-of-Way and relocation of well recorded between Warren County and Lone Pine Holdings LLC. as part of the agreement. Mr. Long has requested this conditional use permit modification in order to provide the 25′ by 75′ easement to Washington Gas for their pipeline project. This project is for the replacement of a 20-mile loop of gas line through Frederick County along Success Road in Warren County to the Nineveh Gate Station, AKA TS Energy substation just north of Cedarville. This includes approximately the last 1,000 feet of gas line across the Rt-340/522N corridor to serve the substation through the proposed 25′ easement at the Lone Pine Holdings LLC property.”

Following that public hearing at which only applicant Bill Long spoke, on a motion by Ms. Cullers, second by Mr. Mabe, the board approved the agreement modification by another 4-0 vote.

And then came the above-described Family Subdivision matters, after which the 6 p.m. meeting was adjourned at 7:10 p.m. See the linked County video for the full discussion on all matters before the board Tuesday evening.

Click here to watch the Warren County Board of Supervisors Meeting of October 24, 2023.