Supervisors delay decision on Reliance Rd. church relocation pending VDOT traffic study, field 5 other permitting requests

At its added end-of-the-month Public Hearings meeting of April 25, the Warren County Board of Supervisors considered the following items — we will lead with public hearing number B5, which produced the most discussion, public comment, and confusion surrounding board action:

5. Conditional Use Permit 2023-02-05, Society of Saint Pius X for a Church Located at 2203 Reliance Road and Identified on Tax Map 11 as Parcel 1: Introduced by Chairman Vicky Cook (at 23:10 mark of linked County video), Zoning Administrator Chase Lenz then summarized the permitting application from the Catholic congregation, leading to comments by Andrew Nepper for the applicant (27:30 of video). As the public hearing opened congregation member Darden Brock asked the board to approve the permitting to facilitate the church’s permanent location at the site. However, neighboring property owner Tim Davis followed her to the podium to address concerns about traffic impacts on the neighborhood in asking the application be denied.

Pius X church representative Andrew Nepper presents the applicant’s case for a permanent location off Reliance Road. Royal Examiner Photos Roger Bianchini

Richard Jamis followed Davis, adding a second request for denial based on negative impacts on the existing neighborhood. Jamis noted a projected 50 to 150 vehicles travelling to the church for services or events, including multiple services every Sunday. “I do hope they grow, but I don’t think this is the appropriate venue for them to do so,” Jamis told the supervisors, citing fears of traffic accidents resulting in injuries or even potential fatalities. A total of eight people spoke, several more apparent parishioners, with 6 favoring the church permitting and the two described above, opposing based on traffic concerns.

During board discussion following the public comments, Supervisor Oates cited some VDOT input, quoting: “The roadway currently carries 2100 trips per day and has a posted speed limit of 45 mph. The existing entrance does not meet minimum sight distance requirements,” she noted, observing, “And I went out there and it is sketchy coming out, it is, whether you’re coming out of Carly’s Way or whether you’re coming out where this proposed entrance is, it’s going to be sketchy for anybody because you come over a hill and there’s not any sight distance. You don’t have any brake time, reaction time,” Oates pointed out to her colleagues. She noted 294-feet of sight distance as opposed to the recommended VDOT-required standard of a 500-foot minimum.

County Zoning Administrator Chase Lenz, left, and Planning Director Matt Wendling, responded to questions, most pointedly on access/egress traffic variables related to the Pius X congregation’s permitting application for a church to be established on the 2200-block of Reliance Road.

Discussion with staff, including Planning Director Matt Wendling followed, with Wendling pointing to unknown outcomes to VDOT examination of the proposed church entrance/egress access way in and out of the property. Oates suggested the board table a decision until all the VDOT traffic variable questions were answered. Responding to a question from the chairman, Zoning Administrator Lenz noted the applicant had indicated they planned to meet all VDOT requirements. However, whether they could live up to that intent apparently remains to be seen as variables of property or ROW acquisition remain unresolved. A spokesperson for the applicant returned to the podium. He hedged at the idea of spending $20,000 to $30,000 on an engineering study without knowing whether the permitting would eventually be granted. Why does that sound familiar? — Say regarding the 131 E. Main St. demolition application.

At the 1:08:30 mark of the linked video, Chairman Cook called for a motion. Vice-Chairman Cheryl Cullers responded with a motion to deny the SUP application, it was seconded by Supervisor Butler. The motion appeared to fail by a 3-2 margin, with Cook, Oates, and Mabe voting against denial. However, Mr. Mabe expressed confusion on what he had voted for, noting he supported denial at this time. Asked how to proceed by the chair, legal counsel suggested a five-minute recess to allow time to check the legal dynamics of a re-vote.

‘Meeting in Recess’ notice on legal counsel advice to ascertain best path forward on negating a mistaken vote, after Supervisor Mabe realized he had voted against a motion he supported.

When the meeting reconvened, Mabe made a motion (1:14:58 of video) to “reconsider the prior vote on the Conditional Use Permit for the Society of Pius X for a church located at 2203 Reliance Road …” Oates seconded that motion, leading to a unanimous vote approving that reconsideration. Supervisor Butler then made a motion “to vacate the prior vote on the Conditional Use Permit” before the board, offering a new motion “that the matter instead be referred back to the planning commission for further consideration and make a recommendation after receipt of the VDOT study.” Following a second from Oates, the board unanimously approved Butler’s new motion.

Back to more mundane business, with little or no public comment, the board took on:

1. Secondary Six-Year Plan through the Virginia Department of Transportation: Item introduced by the chair at the 2:05 mark of linked County video, with an introduction by Public Works Director Mike Berry, followed by a VDOT PowerPoint presentation by Matt Smith beginning at the 3:45 video mark. After no one rose to speak at the public hearing, on a motion by Vice-Chairman Cheryl Cullers (10:42 of video), seconded by Delores Oates, the board unanimously approved the submitted plan and associated construction budget, and authorizing the county administrator to submit a Resolution of Support.

VDOT team Edwin Carter, right, with Matt Smith, presented detail of status of VDOT perspective on a 6-year plan for road improvements throughout Warren County.

2. Conditional Use Permit 2023-02-02, Eric Wayne Adams for a Short-Term Tourist Rental Located at 1850 Gooney Manor Loop and Identified on Tax Map 43 as Parcel 49A5: Discussion began at the 11:12 video mark and a summary of the permitting request by Zoning Administrator Lenz. Chairman Cook opened the public hearing (13:45 video) with a call to the applicant, who said he was available to respond to any questions. Again after no speakers, on a motion by Ms. Cullers, seconded in a dead heat by Ms. Oates and Mr. Mabe, the board unanimously approved the application with the conditions submitted by staff.

3. Conditional Use Permit 2023-02-03, Elena V. Gallo for a Short-Term Tourist Rental Located at 242 Parnassus Road and Identified on Tax Map 23A, Section 1, Block 3, as Parcel 36: Zoning Administrator Lenz again briefed the board on the application, after which the public hearing was opened with the chair’s call to the applicant for comment (17:03 video mark). After his comments, no one rose to speak at public hearing. On a motion by Jay Butler (19:40 video), seconded by Mr. Mabe, the board unanimously approved the request with the standard conditions as submitted by staff.

4. Conditional Use Permit 2023-02-04, John Randolph & Deborah Lynn Clark for a Short-Term Tourist Rental Located at 1207 Buck Mountain Road and Identified on Tax Map 36B, Section 1, as Parcel 3: The request was introduced by the chair at 20:11 mark of video. After Mr. Lenz’s summary of the application, the applicant spoke briefly and again no one spoke at the public hearing. Ms. Cullers motion to approve with recommendations as presented by staff and planning commission, seconded by Ms. Oates, was unanimously approved.

6. Z2023-03-01, Harry Heard, Ordinance to Amend Warren County Code Sections 180-21 and 180-59 Regarding Mobile Food Establishments Operating in Conjunction with Commercial Nursery/Garden Centers or Wayside Stands and Ice Cream Stands Operating in Conjunction with Commercial Nursery/Garden Centers

The evening’s final public hearing was opened at the 1:19:20 mark of the linked video, following Zoning Administrator Lenz’s summary to the board of the proposed ordinance amendment. The Bentonville-based applicant then accepted the chair’s offer to address the board. Mr. Heard introduced himself as the owner/operator of Heard’s Cedar Hill Farm Market. After describing his operation, which includes the promotion and sale of area artists and craftsmen’s products, in addition to the sale of local produce, Heard told the board, “Now, I’d like to sell local ice cream.” He noted a local ice cream vendor, Jeremy Baldwin, who had approached him about adding an ice cream stand in conjunction with Heard’s operations.

Cedar Hill Farm Market principal Harry Heard explains his business plan to add ice cream to the mix of local produce, arts, and crafts his business presents to the public. Tasted, I mean sounded good, as the supervisors unanimously approved his ordinance amendment request to add ‘Mobile Food Establishments Operating in Conjunction with Commercial Nursery/Garden Centers’ to allowed uses in certain zoning districts.

No one responded to the chair’s call for comment at the public hearing, after which on a motion by South River Supervisor Cullers, seconded by Happy Creek Supervisor Butler, the board unanimously approved the Ordinance Amendment facilitating the expansion of uses in conjunction with Commercial Nursery/Garden Centers.

Factoring in the brief recess following the mistaken vote on the initial church relocation motion, the 7 p.m. meeting was then adjourned as 8:30 p.m. approached.

See the board discussions and votes in whole, or part as indicated in above-cited time signatures in County video.