Supervisors Approve Rushmark-Rockland Industrial/Commercial Rezonings and OK Move to 2-Year Real Estate Reassessments

With the Shenandoah Valley Golf Club (SVGC) rezoning public hearing canceled for two months, another Rockland-area development proposal, this one centered on Commercial/Industrial re-zonings just off State Route 340/522-North, took center stage. As opposed to what had been expected of organized opposition to the SVGC Rural Residential and Commercial rezoning, no one showed up to fight Rushmark Rockland LLC’s plans to rezone 46 acres from Commercial (C) to Industrial (I) and rezone one and eight-seven hundredths’ (1.87) from Residential One (R-1) to Commercial (C).

But then, as noted above, the Rushmark proposal is way up on Winchester Road/Route 340/522 North, not mid-Rockland, though some have expressed concerns about a diversion of some commercial truck traffic deeper into Rockland roads from the Rushmark rezoning. In fact, other than Rockland Rushmark representative Brian Prader, the only speaker at any of the three related public hearings was Virginia Port Authority (VPA) representative Chris Gullikson. Gullikson spoke in favor of the above-referenced Industrial and Commercial rezonings as a beneficial move related to operations of Norfolk-based VPA’s Virginia Inland Port nearby on the county’s north side.

Consequently, the supervisors approved the two Rockland Rushmark rezoning requests and the opening Comprehensive Plan Amendment request to facilitate the rezoning requests by unanimous votes. Staff agenda packet summaries of those requests and the motions and seconds are listed below. The three Rockland Rushmark discussions and public hearings begin at the 2:20 mark of the County video, ending at the 46:17 mark.

Graphics indicating closer and further aerial views of the Rushmark Rockland Rd. LLC rezoning proposals in an already fairly Commercial/Industrial developed area of a major state highway, with nearby access to the south to Interstate-66.

Public Hearings

1. Public Hearing – Comprehensive Plan Amendment – Future Land Use Map – Rushmark Rockland Road, LLC – Presented by Planning Director Matt Wendling – This is a re-submittal of a request to amend the Future Land Use Map in the Warren County Comprehensive Plan to designate the properties located on tax map numbers; TM# 12A, section 1, block 16, parcels 1, 2, 3, 4, 5, and a portion of 28, and TM#12A, section 1, block 5, parcel 8 as Commercial (C) and TM# 12, parcel 32C1 and a portion of TM# 12A, section 1, block 16, parcel 28 as Industrial (I) zoning. The properties are located at 8561 Winchester Road.

After no public hearing speakers following a lengthy presentation by the Rockland Rushmark representative on a motion by Delores Oates, second by Walt Mabe, the request was unanimously approved.

1. Public Hearing – R2022-10-01 – Rushmark Rockland Road, LLC_ Rezoning C to I and R-1 to C – Presented by Planning Director Matt Wendling – This is a re-submittal of a request to amend the Warren County Zoning Map and rezone forty-six (46) acres from Commercial (C) to Industrial (I) and rezone one and eight-seven hundredths’ (1.87) from Residential One (R-1) to Commercial (C). The properties are located at 8561 Winchester Road and identified on the following tax map numbers; TM# 12A, section 1, block 16, parcels 1, 2, 3, 4, 5, and 28, TM# 12A, section 1, block 10, parcel 26A and TM#12A, section 1, block 5, parcel 8 and TM# 12, parcel 32C1. A portion of TM#12A, section 1, block 16, parcel 28, and TM#12, parcel 32C1 with a total of twenty-seven and four hundredths’ (27.04) acres is proposed to remain Commercial (C) with an amended proffer statement. The properties requested to be rezoned Industrial are TM#12, parcel 32C1, and TM#12A, section 1, block 16, parcel 28, for a total acreage of 46 acres. The properties are located in the North River Magisterial District. The total acreage of the parcels is approximately 77.59+/- acres.

After hearing the Va. Port Authority speaker in support, on a motion by Cheryl Cullers, seconded by Oates, the request was approved unanimously.

1. Public Hearing – CUP2022-10-01 – Rushmark Rockland Road, LLC_Conditional Use Permit – Planning Director Matt Wendling – This is a re-submittal of a request for a conditional use permit for a building in excess of 50,000 square feet to be located in the Route 340/522 Highway Corridor Overlay District. The properties are located at 8561 Winchester Road and identified on the following tax map numbers; TM# 12A, section 1, block 16, parcels 1, 2, 3, 4, 5, and 28, TM# 12A, section 1, block 10, parcel 26A and TM#12A, section 1, block 5, parcel 8 and TM# 12, parcel 32C1. The properties are currently zoned Commercial (C) and Residential-One (R-1) located in the North River Magisterial District and are included in the rezoning request to Industrial (I) in application number R2022-10-01.

Again after no public hearing speakers, the request was unanimously approved on a motion by Oates, second by Mabe.

1. Public Hearing – Ordinance Providing for Biennial Reassessment and Equalization of Real Estate – Presented by County Administrator Dr. Daley – EXPLANATION & SUMMARY: “Warren County, Virginia, currently reassesses all real property in the County every four years. The most recent reassessment effective in 2023 resulted in a substantial increase in the assessed value of real property in the County due to the time that elapsed between reassessments,” staff wrote, perhaps ignoring an “up trend” in an often up-and-down market in residential home values near the time of that reassessment. “Therefore, the County proposes to reassess all real property every two years instead of every four years.”

Considering some concern about added costs to the County among other variables, including, according to some citizens we have spoken to, difficulty in getting details from county administrative staff that would oversee this operation on how the last reassessment was calculated in certain neighborhoods, somewhat surprisingly there were no speakers at this public hearing. South River District Supervisor Cullers did question how approval at this point would allow the County adequate time to implement reassessments on the initial two-year cycle.

After the trio of Rushmore Rockland LLC public hearings, the supervisors tackled the Ordinance change initiative to move to two-year real-estate reassessments from the existing four-year cycle. County Administrator Ed Daley, who some critics suspect of the move to be its initiator, presented the agenda item to the board.

County Administrator Daley replied that the board would see a recommendation for the awarding of a contract “very quickly” out of an anticipated three bids, the same number he pointed out, as received in the last reassessment. Daley admitted the window “was tight” and that staff had hoped to have this proposal before the board a month earlier. Daley was also quizzed on required state certifications to qualify to do reassessments by Supervisor Oates. Following those discussions, on a motion by Happy Creek Supervisor “Jay” Butler, second by Mabe, the board unanimously approved the move to two-year reassessments. That discussion goes from the 46:20 to 58:30 video marks.

Other Public Hearings included:

2. Public Hearing – Conditional Use Permit 2023-06-01, Amirabbas Burstein for a Short-Term Tourist Rental – Zoning Administrator Chase Lenz – A request for a conditional use permit for a Short-term Tourist Rental. The property is located at 1678 Gooney Manor Loop and is identified on tax map 43 as lot 51A2. The property is zoned Agricultural (A) and located in the South River Magisterial District.

After some discussion with the applicant about a closer property manager than himself due to his schedule keeping him closer to his D.C. area employment, one citizen requested to address the board (1:14:20 video mark), identifying himself as Jay Newell, a local resident present for another matter. Newell volunteered to take care of the property management at the times the applicant was not in the area, “And I’ll do it for free, how about that — Is that good enough?” he asked of board concerns about closer property management in case of emergencies. After a handshake between the applicant and volunteer property manager, on a motion by Cullers, second by Oates, the board approved the permitting unanimously.

1065. Public Hearing – Conditional Use Permit 2023-06-02, Robert Chevez & Kayla James for a Short-Term Tourist Rental – Zoning Administrator Chase Lenz (1:15:57). A request for a conditional use permit for a Short-term Tourist Rental. The property is located at 52 Hickory Nut Rd. and identified on tax map 24D, section 1, block 100, as lot 1065. The property is zoned Residential-One (R-1) and is located in the Shenandoah Magisterial District. Staff noted some setback requirements were not met in the application.

Two speakers, Matthew Wright and Richard Crosby, opposed the permitting at the public hearing. An initial motion to approve the application by Mabe, who noted he had contacted “the Blue Mountain group,” whom he said “Did not have a problem” with the application, died without a second. Cullers seconded Butler’s motion to deny, and the permitting request died by a 3-2 vote, Butler, Oates, and Cullers voting to deny the request, Mabe and Cook dissenting.

38. Public Hearing – Conditional Use Permit 2023-06-03, Jay Newell for Private Use Camping (Non-Commercial) – Zoning Administrator Chase Lenz – A request for a conditional use permit for Private Use Camping. The property is located at 0 (zero) Avalon Drive and identified on tax map 20C, section 1, Block 4, as lot 38. The property is zoned Residential-One (R-1) and is located in the Shenandoah Magisterial District.

Newell, the citizen who volunteered to help with previous applicant Amirabbas Burstein’s CUP short-term rental request, addressed the board on his own. There were no other speakers, and on a motion by Oates, second by Mabe, the CUP was unanimously approved.

13. Public Hearing – CUP2023-06-04 – Gregory Fritz- Conditional Use Permit for a Guesthouse – Planning Director Matt Wendling (1:32:58) – A request for a conditional use permit for a Guesthouse. The property is located at 0 (zero) Knock Lane. and identified on tax map 10P, section 2, as lot 13. The property is zoned Agricultural (A) and located in the North River Magisterial District. Wendling explained that the applicant wanted to build the guest house as an initial residence while working towards the construction of a primary dwelling on the property.

Planning Director Matt Wendling, right, and Zoning Administrator Chase Lenz took turns summarizing the bulk of public hearing topics to the supervisors. Chairman Cook (2:25 video mark) created some appreciative laughter, including from herself when calling the first public hearing, pronounced Planning Director Wendling’s name correctly, Wendling as opposed to Welding. – Here’s to overcoming dyslexia.

The applicant addressed the board, there were no other speakers, and on a motion by Oates, second by Cullers, the CUP was approved with the conditions recommended by the planning commission and staff on a unanimous vote.

79. Public Hearing – Conditional Use Permit 2023-06-05, Austin Schwoegl for a Short-Term Tourist Rental – Zoning Administrator Chase Lenz (1:37:55) – A request for a conditional use permit for a Short-term Tourist Rental. The property is located at 1614 High Top Rd. and identified on tax map 23C, section 2, block 2, as lot 79. The property is zoned Residential-One (R-1) and is located in the Shenandoah Magisterial District.

After hearing from the applicant, there were no public hearing speakers. On a motion by Mabe with a dead heat for a second, the permitting was approved unanimously.

The meeting then adjourned shortly after 7:40 p.m.

Click here to watch the Warren County Board of Supervisors Special Meeting of August 22, 2023.