Supervisors approve Outdoor Sports Facility over recommendation of County Planning Commission, add to the Short-Term Tourist Rental count

The Warren County Board of Supervisors held a special meeting September 27^th, largely to process a list of nine actions that were not able to be covered during the regular meeting on September 20.

The Board quickly approved two leases of county property, one for a property at 229 Stokes Airport Road to Skydive Front Royal, LLC, for $600 per month, and the other for an apartment at 136 Hillidge Street for $725 per month to Raymond K. Freeman. There were no public comments on either lease, and the Supervisors approved both unanimously.

After a lengthy public hearing, on a 3-2 margin, the Supervisors approved a Conditional Use Permit (CUP) for Cole and Danielle Haase for an outdoor sports facility on their property at 19959 Fort Valley Road.  In July, the County Planning Commission held a public hearing and ultimately recommended denial of the permit, citing traffic and neighborhood concerns.  Since that time, the applicants have downsized the proposal and worked to allay the concerns of the neighborhood.  They intend that the majority of the activities will be inside and scaled back outdoor activities to daytime only.  The Haases are also local business owners.  The property was formerly used as a church and multi-activity center by Master’s Touch Ministries.

Local Resident Cody Warren expresses support for the Outdoor Recreation Facility that Cole and Danielle Haase are proposing for a former church facility on Fort Valley Rd.

Public comment was brisk with 24 individuals either speaking in person, or submitting letters, e-mails, or videos. Eighteen were in favor of the permit and six against. Neighbors inveighed against possible traffic increases near an accident-prone intersection at Fort Valley Road and Route 55.  Supporters praised the applicants’ commitment to youth sports, as an important factor in developing teamwork, athletic and social skills for young people.  Sue Russell, whose property adjoins the site, opposed the permit and is worried about the effect of any groundwork or excavations resulting in flooding on her property.

Some of the supervisors recalled when outdoor concerts and events were held at that facility.  Supervisor Vicky Cook appeared to be the leading opponent of the proposed permit, calling into question the applicant’s parking and traffic estimates.  At the end of the discussion, Supervisor Oates offered a motion to approve, seconded by Supervisor Mabe, and the motion passed, 3-2. Chairman Cullers, joined by Supervisors Oates and Mabe, Aye, Supervisors Cook and Butler, No.

A sometimes emotional appeal by applicants Cole and Danielle Haase appears to have turned the tide in favor of their plan for an outdoor recreation facility on Fort Valley Rd. The Board of Supervisors voted 3-2 in favor of the Conditional Use Permit.

Michelle Moriarty is requesting a CUP for a short-term tourist rental for the property at 96 Cappy Road that she recently purchased in April of 2022. The applicant will use a local property manager and local professional services for emergencies, maintenance, cleaning, garbage disposal, and guest screening/reservations.  There was one speaker who opposed the permit on the grounds that the area is residential, not business. However, the Virginia General Assembly and the courts system have specifically determined that short-term rentals are a residential activity, rather than a business operation.  Under questioning by the board, the applicant indicated that she had already spoken with all the nearby property owners and provided contact information should any need arise.

Planning Director Wendling indicated that there had so far been no complaints or calls related to these properties.  Supervisor Cook questioned whether the County Sheriff would necessarily know if there was a problem with a short-term rental.  County Administrator Edwin Daley suggested that the County could investigate developing a registry list for approved short-term rentals to allow law enforcement in the Public Safety Communications Center to know who to contact if there was a problem.  Finally, on a motion by Supervisor Oates, seconded by Supervisor Mabe, the Board unanimously approved the permit.

Michelle Moriarty explains to the County Board of Supervisors her proposal for a short-term tourist rental and her actions taken to allay concerns of neighboring occupants.

Kendra Hansen, Kathryn Stuart, Simon Sarver, and Michael Cherubin have applied for a CUP for for a Short-Term Tourist Rental Located at 97 River Overlook Road.  The owners plan to use the property themselves throughout the year, but they would also like to be able to make the property available for short-term lodging for visitors of the Warren County area when they are not occupying it. The applicants will manage the property personally.  There were no speakers for or against the application, and no discussion from the supervisors.  On a motion by Supervisor Mabe, and seconded by Supervisor Cook, the motion passed unanimously.

CAZA Legacy, LLC has requested a CUP for short-term tourist rental for the property located at 241 Wildcat Drive.  The applicants, Robert Chevez and Erin Kavanagh, purchased this residentially zoned property as an investment property and currently are renting the property long-term for over 30 days since purchasing it in February 2022. They do intend to also use it for themselves as a get-away from their homes in Northern Virginia. The applicants are requesting a waiver to the setback requirement of 100-feet from dwelling to dwelling. The dwelling to the west is 50 feet and the applicants submitted a letter from their neighbor giving his support of the application. The applicants will be contracting a local property management company to maintain the property and as realtors they will be marketing and managing the rental.  The property was the subject of an approved permit for short-term tourist use in 2018, however the use was never established and that permit expired.

Two letters from neighboring property owners were submitted.  One was in favor of the permit issuance, and one was opposed.  There were no speakers at the public hearing, and on a motion by Supervisor Mabe, seconded by Supervisor Cook, the Supervisors voted unanimously to approve the permit.

Matthew Williams and Jay Gilbert have applied for a CUP for a short-term tourist rental located at 244 Delicious Road, Linden. The applicants plan to manage the property personally with assistance from local professional services for cleaning and landscaping.  The closest dwelling unit is 115 feet to the northeast.  There were no comments from the supervisors or the public.  One letter supportive of the use was submitted.  On a motion by Supervisor Oates, seconded by Supervisor Butler, the Board unanimously voted to approve.

Matthew Williams and Jay Gilbert have also applied for a CUP for a short-term tourist rental in an agriculturally-zoned property located at 115 Lonesome Flats Road. The applicants plan to manage the property personally with assistance from local professional services for cleaning and landscaping.  The closest dwelling is 313 feet to the north. The planning department provided a letter by a neighbor, John Croft, who opposes the permit.  Mr. Croft alleges that the Road is private, on his land, and has not granted permission to use it for guests.  After a discussion regarding the legal status of an access easement to the applicant’s property, the supervisors decided to approve the permit, subject to verification that an access easement does exist.  Supervisor Cook made a motion to approve, seconded by Supervisor Mabe.  The vote to approve was unanimous.

Thomas Pigeon has applied for a CUP for a Short-Term Tourist Rental Located at 540 Lakeside Drive.  The applicant will contract a local property management company, Shenandoah Valley Property Maintenance LLC, to manage and maintain the property if the use is approved. The owners plan to manage the rental of the property through Airbnb and will review any renters for a positive online ranking. All the required conditions for permitting are complete.  On a motion by Supervisor Butler, Seconded by Supervisor Mabe, the Board voted 4-1 in favor of approval.  Chairman Cullers expressed her concern and continued opposition to properties being purchased by owners with no connection to the area for this use.

The Meeting adjourned at 8:50 p.m.

See the excerpts or the entire September 27th meeting in the linked video from the County website.