Supervisors torpedo Reliance Road cluster housing development, approve EMT training incentive pay, and tackle short-term rental and zoning issues

The Warren County Board Of Supervisors, absent supervisor Vicky Cook of the Fork District,  held a wide-ranging special meeting on August 23 to consider:

A proposed one-time Incentive pay for Fire & Rescue Advanced Level providers of up to $6,000 to compensate them for achieved and maintained advanced certifications.  The compensation levels are:

Advanced level providers, $3,000

Intermediate Level Officers, $4,500

Paramedic Level Officers, $6,000.

A Conditional Use Permit for Royal Oak Estates, LLC (Larry Himelright) for a Cluster Housing Development on a 183-acre parcel on Reliance Road.

Seven Conditional Use Permit requests for Short-Term Tourist Rentals.

And a Zoning Ordinance amendment to add an indoor recreation component as an accessory use to a Commercial Outdoor Recreation Operation in Agricultural, Rural Residential, and Commercial zoning districts.

County HR Director Jane Meadows describes an incentive pay package for Fire & Rescue personnel who acquire and maintain advanced certifications. Supervisors unanimously approved the payments. Royal Examiner Photos Stephen Sill

County HR Director Jane Meadows presented a proposal for a one-time incentive payment to Fire & Rescue employees who have and maintain advanced training and certifications.  Until now, providers have paid for their advanced training and certifications themselves.  County Administrator Dr. Edwin Daley explained that these payments are in compensation for last year.  In the future, a separate proposal is being made to establish stipends and payments and will be by biweekly paycheck.  Funds for these payments are carried over from the previous fiscal year and won’t affect the current year’s budget.

Questioned by Supervisor Walter Mabe regarding contract obligations for the payments, Dr. Daley explained that these payments result from prior year activity and won’t incur an extra obligation.  The paycheck stipend payments, however, would continue only so long as the employee was in active pay status and would stop when employment stopped.  On a motion by Vice Chairman Delores Oates, seconded by Supervisor Mabe, the supervisors unanimously approved the proposal.

Cluster Housing proposal runs into trouble

An application by Royal Oak Estates (Larry Himelright) for a CUP for a Cluster Housing Development on 183 wooded acres on Reliance Road ran into a brick wall.  Mr. Himelright would be allowed under the County’s Zoning Ordinance to have a development of 24 dwellings by right in that zone.  He is applying for a conditional use permit for his proposed development of 40 homes.  His plan shows 110 acres of the space to be retained as open space and 74 acres to be developed.  Planning Director Wendling told the Board that at the Planning Commission meeting, two neighboring property owners had opposed the permit based on the uncertainty of the water usage, effect on wildlife, and increased traffic on Reliance Road.

Mr. Himelright addressed the Board and immediately ran into a code interpretation problem with Assistant County Attorney Caitlin Jordan.  The applicant stated he could develop the 24 lots by right and apply the CUP to the 16 additional lots.  The Assistant County attorney disagreed.  Any time a developer wants to exceed the number of lots allowed by right, you must then have a conditional use permit for the entire development.  Mr. Himelright, over the course of his presentation, discounted the idea of lack of water resources, overcrowding of local schools, and increased traffic.

Larry Himelright defends his understanding of the “by-right” provisions of the zoning ordinance while Assistant County Attorney Caitlin Jordan prepares to “lay down the law.”

Supervisors Walter Mabe and Delores Oates had strong opinions on the matter.  Supervisor Mabe was the first to address the applicant.  “I understand what you’re doing.  You are probably the first from Front Royal to Middletown that is going to take a farm and turn it into residential.  People that were farmers, for whatever reason, are choosing not to be farmers anymore.  They give it to their kids, and their kids don’t want it, and they sell it off, and it can turn into a development.  If we approve this, we’ll have other people doing it, and all of the sudden, the problem that you say doesn’t exist – is going to exist.  Now, I am not against anybody wanting to do something with their property.  I am a property rights-type person.  But I’m trying to think what’s going to happen in the future, and are we ready for that?”

Mr. Himelright said that he understood the concerns.  He asserted that he could do probably 35 lots without coming to the supervisors at all, at which point Vice-Chairman Oates interjected, “Why aren’t you doing that, then?”

“Because I want 47” was the immediate response.

“Because you want to sell it to a larger national developer.  I understand,” Oates replied.

Supervisor Oates then described the County’s objective to place dense housing on in-town spaces, where sewer, water, and other infrastructure are already there to support it.  Dense housing was never intended for that area either by comprehensive plan or zoning ordinance.  A.S. Rhodes Elementary School, which services that area, is already over capacity.  Adding 40 homes will add to the overcrowding problem.

She echoed earlier concerns about traffic and water – as a resident of that immediate area, she had firsthand experience with traffic and potential water problems.

After further discussion, Supervisor Butler made a motion to approve the CUP.  The motion failed for lack of a second.  Vice Chairman Oates then made a motion to deny the permit, seconded by Supervisor Mabe.  The vote to deny was 3-1, with Butler dissenting.

Run on Short-term Tourist Rentals continues

A Conditional Use Permit (CUP) application for a short-term tourist rental was filed by Joseph Muniz for his property at 499 Rome Beauty Drive in the Happy Creek District.  Planning Director Matt Wendling told the Board that Mr. Muniz began renting the property short-term shortly after purchasing it in 2021 and was sent a notification of violation after a neighbor complained of a disturbance at the property.  Shortly afterward, the applicant submitted his permit application and ceased advertising.  The application also required a waiver to the 100-ft setback requirement since the properties on both sides of the dwelling are 85 and 90 ft away.

At the public hearing, Wayne Baxter, who had previously addressed the Planning Commission in opposition to the permit, again appeared before the public hearing.  His complaints centered on fire safety and the fire pit, which he asserted was still in place after the planning commission’s recommendation that approval be conditioned on its removal or storage away from guests.  He also stated that the non-adherence to the 100-ft setback ordinance was of concern.  “There’s a reason that it was put in place.”  In rebuttal, Mr. Muniz maintained that when the permit is approved, the fire pit will be removed or secured.

Apple Mountain resident Wayne Baxter addresses the County Board of Supervisors to register his complaints about the issuance of a Short-Term Tourist rental permit on a neighboring property. He complained that the existence of a fire pit posed a fire danger and that the proximity of the property to neighboring properties violated the County Ordinance.

In response to a question from Board Chair Cheryl Cullers, Planning Director Wendling said that the Ordinance restrictions only apply when the property is being used as a short-term tourist rental.  The applicant is not restricted from using a fire pit.  “Obviously, we want him to be careful in its use, but the restrictions apply to paid guests.”

On a motion by Supervisor Mabe, Seconded by Vice Chair Oates, the Board unanimously approved the application.

Short-Term tourist rental applicant Joseph Muniz reassures the County Supervisors that all conditions recommended by the Planning Commission and Board of Supervisors will be met if the application is approved.

Yulia Svetlichnaya has applied for a short-term tourist rental CUP for her property at 610 Jones Quadrangle Rd in the Shenandoah District.  The two-bedroom dwelling is in the Shenandoah Farms Subdivision, and the Supervisors were provided approval from the Property Owners of Shenandoah Farms (POSF).  Zoning Administrator Chase Lenz told the supervisors that some concerns about traffic, fire safety, and trespassing were raised by speakers at the planning commission meeting, all those concerns had been addressed by the applicant in the management plan, and the planning commission had recommended approval.  Ms. Svetlichnaya addressed the board with an update on her plan, indicating that the fire pit was not being used and would be removed.

Short-term tourist rental applicant Yulia Svetlichnaya describes he plan for managing her short-term tourist rental and responds to questions about open-fire prohibitions.

The Public hearing yielded two speakers who opposed the permit.  Sebastian Clement, a neighboring resident, asserted that he had nothing against the applicant as a neighbor, but he did oppose the short-term tourist rental.  Mr. Clement asserted that “an AirB&B is a business”.  He went on to criticize the county for “giving out (permits) like candy because of the tax revenue”.  He also asserted that the POSF was not contacted about the request, despite the written message provided by the Planning Department.

Doris Harrington, who is a member of the POSF board, also addressed the supervisors. She, too, asserted that this application was not brought up in a meeting – “That’s our fault, not yours.” She continued that the roads in the area are very difficult to maintain and suffer from traffic.  She also challenged the assertion earlier made by the planning commission chairman at the planning commission’s meeting that short-term tourist rentals reduce the traffic since they are not occupied every day.

In fact, the persistent fears about increasing traffic have been thoroughly debunked. Studies conducted by transportation experts found that short-term rentals generate two-thirds fewer trips per day compared to occupied single-family dwellings. In fact, at the state level, short-term rentals have been ruled a residential rather than commercial use.

At the conclusion of the Public Hearing, the board, without further discussion, on a motion by Supervisor Jay Butler, seconded by Supervisor Mabe, voted unanimously to approve the permit.

The next four CUP applications drew no public speakers and were unanimously approved by the Supervisors; they were:

Thomas Cho, Short-term Tourist Rental, 4359 Remount Road;

Andrew Sickle, Short-term Tourist Rental, 298 Worlds End Lane;

Jennifer Harp, Short-term Tourist Rental, 608 Venus Branch Road;

Lyndsey DePalma and Amanda Shipe, Short-term tourist rental, 1945 Panhandle Road.

Finally, the supervisors turned their attention to a text amendment for Section 180-8 of the Warren County code that would allow an indoor facility accessory to a Commercial Outdoor Recreation operation.  The proposed amendment would allow for that accessory use provided that the indoor activity is the same use and the outdoor activity and the indoor facility does not exceed 10,000 square feet. Two individuals spoke in favor of the proposed amendment, citing its benefit in supporting local youth and adult sports programs.

Without further discussion, on a motion by Vice-Chairman Oates, seconded by supervisor Butler, the Board unanimously voted to approve the ordinance amendment.