Supervisors Table Action on 2 Crucial Matters, Future Countywide Water Use and Commercial Rezoning CUP Request

Following a detailed review of North River District Supervisor Richard Jamieson’s initiative to create a county-wide ordinance “to Prohibit the use of well water by Industrial Businesses in Warren County, Virginia,” the county supervisors voted unanimously, including Jamieson, who made the motion to table action on authorization to advertise for a public hearing on the matter.

Jamieson removed the item from a seven-item Consent Agenda for additional discussion. South River District Supervisor Cheryl Cullers and recently installed Fork District Supervisor Hugh Henry led the call for additional input from staff and the County Planning Commission before taking action.

The fully-manned board listens as County Zoning Administrator Chase Lenz gives the staff report on one of the four public hearings he summarized for them. Royal Examiner Photos Roger Bianchini

“I don’t know about the legal standpoints of it, but there’s some pretty strong language in here, especially for existing business,” Henry began (at 2:32:12 video mark) in reply to Jamieson’s overview, adding, “And then the word prohibit,” at which point (2:32:44 video mark) Jamieson injected that he was agreeing the board was “not ready” to take action on the matter at this time.

Chairman “Jay” Butler suggested cutting the conversation short at this point and scheduling a work session to iron out unresolved details. However, Henry, who recently resigned from the County Planning Commission to accept the interim appointment to fill out the final two-plus months of resigned member Vicky Cook’s term, asked to continue to make his point.

“I’ve got another idea beyond that because of some of the definitions in this and what it’s going to do to existing wells. I’m not sure if it’s legal or not, but it’s just wrong, Henry continued, adding, “How about we set a set of goals because I would be in support of not having a high volume or a system of wells to pump 30,000 gallons of water a day.

“But the way this is written, it could affect, I don’t know, the little stores in Linden. I’ve got two out (Route) 619. It’s the way it’s currently written, it could be interpreted that way because it’s not for residential use, the last line there, it’s any — How about we set a set of goals for what we’re trying to do with the well ordinance, and let planning work on it a little bit,” Henry suggested.

Supervisors Jamieson and Henry may have been looking in the same direction during staff and other reports, if not always seeing eye to eye. However, both agreed the board needed more time and information before taking action on Jamieson’s proposed Industrial well water prohibition.

Jamieson responded, pointing to what he said were missing details in the agenda packet from his original proposal that would better qualify who would be impacted by the proposed ordinance change. Henry then wondered if golf courses could be negatively impacted by the proposed ordinance due to the commercial nature of their business, despite being zoned Agricultural, to which Jamieson reiterated that he agreed that more fine-tuning at this point was needed before action was taken.

“Can I ask why planning staff were not involved in this?” Cullers injected, to which Jamieson replied, “It doesn’t involve zoning.”

“But it’s ordinances and so forth that … inadvertently does involve zoning because it’s going to affect zoning, it’s going to affect any development, any of that,” Cullers replied, adding, “I don’t understand why — you know we are not elected to produce the ordinance, we are to work with staff on goals and objectives. And then we look at the ordinances and we vote on them. But to sidestep staff entirely doesn’t seem right,” Cullers concluded of her colleague’s method of bringing major ordinance proposals forward without staff involvement.

Supervisor Cheryl Cullers, closest to the camera, continues to have issues with the way some colleagues’ initiatives are being brought forward without adequate staff input.

Jamieson countered that, “When we’re an elected leader, we are certainly entitled to bring an initiative forward.”

“Well, moving it forward and producing it without staff input is separately different. I mean if we’re going to bypass our staff, why have them?” Cullers wondered. — Uh oh, staff may have wondered at this point.

And on that not,e after consulting with legal staf,f Jason Ham and Chairman Butler on whether a motion was necessary to defer action at this point, Jamieson’s motion to table the matter, seconded by Stanmeyer, passed unanimously

Delayed Industrial Use permitting

The other two agenda items that were tabled were related applications for first, a rezoning from Agricultural and Commercial to Industrial, and second, a Conditional Use Permitting (CUP) for a planned building “in excess of 50,000 square feet in size within the Highway Corridor Overlay District.” The precise size was cited at 220,000 square feet.

The involved land was said to be directly across Route 340 North from RSW Regional Jail, and the use was compatible with the County Comprehensive Plan. The involved properties were identified as situated at 0 Winchester Road and a number of adjacent properties.

It was explained by the applicant’s attorney that gaps in detail on the structure of the building, including the size of a loading dock, were missing because the client to be selected to rent and occupy the building had not yet been determined. The building’s precise structuring would be determined once the selection of an Industrial client has been finalized.

The applicant attorney gives visual references to his client’s plans to build a 220,000 s.f. building to make available to an industrial client, possibly relocating west from Northern Virginia due to an infux of Data Centers in that region. Below is a map of the location of the involved properties across Rt. 340 from RSW Jail.

Some board discussion leading up to the tabling worried that the structural gaps in the zoning and permitting application could eventually be used to house a Data Center. Data Centers have been at the center of the county’s future water use discussion and the Industrial uses debate. However, the applicant attorney said that rather than businesses being considered appearing to be industrial enterprises to our east, they are being forced out of their Northern Virginia locations by the influx of Data Centers as commercial, tax-revenue-friendly operations for those municipalities.

Discussion with staff indicated a need to reach a public hearing and vote on the rezoning and CUP matters by December. The tabling of the public hearing occurred at a regular December Board of Supervisors meeting.

Other Business

The board got a Public Schools update from Interim Superintendent Dr. David Martin. Martin gave a capital improvement projects update, opening with a progress report on tennis courts at the two high schools. He also said it appeared the School Board would be ready to name a permanent administrator by its November 5 meeting.

Interim Public Schools Superintendent Dr. David Martin reported on repair work to the high school teams’ tennis courts and suggested close future cooperation between the County and its Public Schools on annual budgetary needs. He also alerted the board that his interim tenure here may be over in early November as the School Board zeroes in on a permanent superintendent replacement.

In other business, the Consent Agenda, as amended with item 6, the future well water Industrial Use prohibition discussed above, was removed.

Those approved Consent Agenda items included:

1. Consent Agenda
2. Award Recommendation — Viva Pools, LLC – Alisa Scott, Finance Director

The Finance and Purchasing Department received a request from the Parks and Recreation Department to issue an Invitation for Bids through Competitive Sealed Bidding for Pool Resurfacing at the Claude A. Stokes, Jr. Community Pool. Staff recommends the Board award the contract for Pool Resurfacing to Viva Pools, LLC in the amount of $112,096.00

2. Authorization for Out-of-Town Utility Connection Applications to Front Royal Town Council – 444 Baugh Drive (3 Buildings). A request for the property located at 444 Baugh Drive and identified on tax map 12G, section 2, block 1, as lot 10A. The property is zoned Industrial (I) and is located in the North River Magisterial District.
3. Memorandum of Understanding between the Lord Fairfax Health District and the County of Warren Regarding the Use of County Facilities for the Purpose of Dispensing Medical Countermeasures to Residents
4. Authorization to Advertise – CUP2025-09-02 – Private Use Camping- 1020 Misty Meadow Lane. The property is located at 1020 Misty Meadow Lane and is identified on tax map 41A as lot 5. The property is zoned Residential-One (R-1) and is located in the Massanutten View subdivision in the South River Magisterial District.
5. Authorization to Advertise – Z2025-09-02 – Subdivision Text Amendments for Family Subdivision Variances – An ordinance to amend Chapter 155 of the Warren County Code (Subdivision Ordinance) to amend the definition of subdivision to add a provision to relax specific criteria of substantial injustice or hardship for family subdivision variances.
6. Grant Award Acceptance – TRIAD Crime Prevention for Seniors – Crystal Cline, Sheriff. The Warren County Sheriff’s Office has been awarded a $2,500 grant from the TRIAD Crime Prevention for Seniors Award Program. The grants are used to fund projects that improve the safety of seniors through partnerships between law enforcement and the community. This grant is fully funded through the Office of the Attorney General and requires no cash match from Warren County.