Town Planning Commission approves draft short-term rental ordinance, new campground, and elects new leadership

The Front Royal Planning Commission at its regular meeting on February 16^th put its finishing touches on a draft ordinance, Section 175.3 of the Town Code, that defines the permitting requirements for short term rentals in the Town of Front Royal. Warren County has been issuing permits for this purpose for half a decade, but the Town has not. Whether the resistance to this tourist-oriented activity comes from constituent opposition or environmental considerations, there was still some reluctance by commission members to approve the Ordinance Amendment prepared by the planning staff at the direction of Town Council.

One objection was expressed by Commissioner Daryl Merchant in that the ordinance draft applied to all zoning districts, which in his view would create a problem in Residential Single Family (R-1) zones. Vice Chairman Connie Marshner echoed his concerns and further expressed concern that by using the Virginia State Code of “Short-term Rental Operator”, the ordinance would permit corporations, leaseholders, or other non-person entities to run these facilities. With 42% of homes in the Town rented, she asked if that “was a trend we want to continue?”

Commissioners William Gordon and Josh Ingram were both opposed to restricting by ordinance the definition that the State Code used, which could open the possibility of a legal challenge to the ordinance. Ingram asked Assistant Town Attorney George Sonnett if the town government had the legal right to discriminate between persons and non-persons such as LLCs or corporations. Answer: “Only if there is a rational basis for it.”

Gordon also reminded the members that this ordinance set forth a process whereby the prospective operators apply for a Special Use Permit (SUP), so the board would then review applications on a case-by-case basis, recommending approval or denial on circumstances specific to each permitting application. Should there be reasons to deny any one application, the commission could recommend that, and the final decision would be up to Town Council.

The commission then turned to Assistant Town Attorney Sonnett to ask him to draft a clause “on the fly” to the ordinance that would restrict the permitting in Residential Single Family (R-1) Districts to owner-occupied dwellings.

At far left of dais, Assistant Town Attorney George Sonnett and Planning Director Lauryn Kopishke explained the draft short-term rental ordinance to the Town Planning Commission. The commissioners mixed reaction to the draft resulted in a modified version being approved.

It’s not clear that the compromise reached – that of removing references in the town ordinance to the State Code’s definition of “Short-Term Rental operator” and adding a 15^th provision in the permitting requirements list that would restrict short term rentals in the R-1 district to owner-occupied properties as a principal residence – would provide the neighborhood stability protections that are the stated intent of the restriction. In addition, the short-term rental as a category generally is differentiated from Bed & Breakfast accommodations by the fact that B&B’s generally have a host/owner onsite that provides a meal with the lodging, and Short-Term Rentals generally do not.

The net effect of the amended ordinance would be to preclude non-owner occupied dwellings to be permitted as short-term rentals. After further discussion the amended motion carried by a 3-2 vote, with Commissioners Gordon and Ingram opposed. It remains to be seen whether the Front Royal Town Council will approve the finally drafted ordinance recommended for approval on a split planning commission vote.

Camping on the River

The commission also considered a Special Use Permit application for Poe’s River Edge LLC for a new 200-site campground on part of an industrial (I-2) zoned tract next to the Shenandoah River and the Norfolk Southern Rail line. It is adjacent to the old AVTEX site.  The campground site would accommodate up to 2500 persons and is served by a series of roads either already in existence or to be constructed by the applicant. The commission heard Planning Director Kopishke brief the details and staff findings on the proposal.

Chairman Douglas Jones asked if the emergency plan was adequate to facilitate the evacuation of 200 sites should a flood emergency require it. The applicant representative, Joe Brogan, explained that constant monitoring of potential flood events and early warning, combined with the planned egress path, would assure that campground occupants would have ample time to evacuate. The applicant permit request package contains evacuation procedures and directions for guests. In the advertised public hearing, there were no members of the public present to offer opposition or support, so the commission voted to recommend approval of the permit request, which will now go to the town council for final approval.

New Officers

The commission annually selects its officers for the ensuing year, and Chairman Jones reminded the commissioners that he would not be seeking reelection as Chair since his appointment expires in September. He expressed his appreciation to the Planning Department and the commission members for their hard work, support, and friendship.

Is that a smile of relief? Departing Planning Commission Chairman Douglas Jones smiles at the prospect of handing off the gavel. He will continue to serve as a commission member until his term expires in September.

Forthwith, the commission nominated and unanimously elected Commissioner Daryl Merchant as Chairman and Commissioner William Gordon as Vice Chair. Commissioner, now Chairman Merchant brings a wealth of experience and background to the chairmanship – which we believe he will need. Along with a giant gavel!

New Planning Commission Chairman Daryl Merchant could be forgiven for looking a little triumphant – or at least vindicated – at being elected Chair so soon after having been used for target practice for the past few months by a former town staffer. But he’s a humble guy. Congratulations, Chairman!

The Commission adjourned the meeting at 8:15 p.m.