Under-strength County Planning Commission approves tourist rentals and votes to deny sports center permit

The Warren County Planning Commission held a 3 ½ hour regular meeting on July 13, short two members, after last month’s sudden resignation of commission member Joe Longo and the absence of South River District’s Kaylee Richardson. That proved a problem early as the commission considered the old business of an amendment of Chapter 180 of the Warren County Code relating to data centers. The amendment provides a by-right use for data centers in the Industrial (I) and Light Industrial (LI) zones. Chairman Richard Myers reminded the members that he had recused himself from consideration of the ordinance change due to his previous employments, so the 2-remaining members, Vice Chairman Hugh Henry and commissioner Scott Kersjes, could no longer form a quorum.

A greatly abbreviated County Planning Commission with the absence of Kaylee Richardson and the resignation of Joe Longo meant a single recusal by the Chairman and a delay in the approval of a Data Center Ordinance.

Chairman Myers’s recusal applied only to the data center and not other commission business on the agenda. After consulting Assistant County Attorney Caitlin Jordan, the Commission voted to defer action on the ordinance amendment until next month’s meeting. Hopefully, at that time, there will be enough members present to form a quorum.

Fortunately for the commission’s workload, the chairman had not recused himself from the remainder of the agenda, and the eleven, yes, eleven public hearings could proceed. As has become the usual fare for the commission, the first seven of the hearings were Conditional Use Permit (CUP) requests for short-term tourist rentals:

• Joseph Muniz for a dwelling at 499 Rome Beauty Drive in Linden, a residentially zoned property in the Happy Creek District.
• Yulia Svetlichnaya for a residential dwelling at 610 Jones Quadrangle Drive in the Shenandoah District.
• Thomas Cho for an Agriculturally zoned property at 4359 Remount Road in the South River District.
• Andrew Sickle for a residentially zoned dwelling at 298 Worlds End Lane in the Happy Creek District.
• Jennifer Harp for a Dwelling at 608 Venus Branch Rd in the Shenandoah District. The property is zoned Residential.
• Lyndsey DePalma and Amanda Shipe for their agriculturally zoned property at 1945 Panhandle Rd in the South River District.
• John Clarke for an agriculturally zoned property at 938 Fetchett Rd, also in the South River District.

The Muniz application was the first to draw opposition from neighboring property owners at the public hearing. Wayne Baxter told the commission that his primary concern was fire safety. This led to a suggestion by the commissioners that a prohibition on open fires could be added to the conditions of approval. In each case thereafter, the open fire prohibition was included in the motion to recommend approval.

Apple Mountain resident Wayne Baxter explains his concerns about open fires being allowed in short-term tourist rentals by guests who are unaware of the dangers of wildfires.

More opposition emerged during the public hearing for the Svetlichnaya application for 610 Jones Quadrangle Road. Five nearby property owners addressed the commission with concerns about added traffic, additional strain on already inadequate roads, open air fires, endangerment of neighborhood children, the introduction of commercial activities into a residential area, and the use of community-owned common areas facilities by B&B guests.

Chairman Myers reminded the speakers that the Virginia General Assembly has determined that short-term rentals are a residential activity, not commercial. Vice-Chairman Henry added that short-term tourist rentals are short-term by definition, and absent a Conditional Use Permit, a property owner can rent a property long-term by right, and neighboring owners have no say in the matter. He then asked Planning Director Matt Wendling how many complaints had been lodged against short-term tourist rentals since the practice began. Answer: One case of a guest parking on the street in violation of the property owner’s rules.

One recurring theme in the community response to short-term tourist rentals is concern about open-air burning, given that many properties are in wooded mountainous areas. Guests may not realize how dangerous an open fire can be with so much woodland nearby. Vice Chairman Henry suggested that a general prohibition of open fires along with fireworks and ATVs as part of the conditions list for permit approval might be at least a partial solution.

Ultimately all seven CUPs for short-term tourist rentals were recommended for approval with the added condition of a prohibition on open fires, and will be forwarded to the County Board of Supervisors.

Larry Himelright, Owner of Royal Oak Estates, LLC, addresses the planning commission and describes his plan for a cluster housing development on a 180-acre parcel on Reliance Road.

The Commission also reviewed a CUP application by Royal Oak Estates, LLC, for a cluster housing development on Reliance Road in the North River District. The property is currently zoned agricultural and would have to be rezoned for development. The development plan would contain 40 lots of less than 10 acres (averaging an acre each), seven lots of 10 acres or more, and 64 Acres of preserved open space. The applicant indicates that the reserved open space can be placed in a perpetual easement for agricultural or forestal uses, deeded to the county to prevent future development.

The Conditional Use Permit is just the first step in the approval process. Larry Himmelright gave the commission an extensive explanation of the plan prior to the public hearing. The property lies between Reliance Road and Interstate 66. Two areas of residential housing are nearby. Two speakers addressed the Commission to register their opposition to the development. Both speakers, Bonnie Snyder and Joyce Dunlap, expressed their concerns about the impact on wildlife that is plentiful in the area. According to the speakers, Reliance Road is a heavily traveled rural highway between Route 11 at Middletown and Routes 340 and 522, and adding traffic from a new subdivision could adversely affect the neighborhood. After some discussion between commissioners and a review of a subdivision design, the commissioners voted unanimously to recommend approval of the request.

The Planning Department proposed an amendment to the zoning ordinance to add a definition and supplemental regulations for outdoor recreational operations as an allowable right by Special Use Permit (SUP). With a brief discussion, the commissioners voted unanimously to recommend approval.

Cole and Danielle Haase have applied for a CUP for an outdoor recreational operation for their property at 19959 Fort Valley Road in the North River District. The Haases purchased the 10-acre former church property in April 2022 to turn it into a sports and events center, primarily to support local and traveling softball/baseball leagues, Little League softball and baseball, and personalized instruction opportunities for youth. Their plan includes a phased plan to provide batting cages both indoors and outdoors, practice areas that can be used during inclement weather, and eventually regulation-sized Little League fields under a future Conditional Use Permit.

The Haases described their background of years of involvement with local youth sports and their hopes for the facility as a service to local communities.

The public hearing yielded four speakers, all opposed to the permit. The complaints followed a familiar pattern – increased traffic on a rural highway, noise, security, and adverse impact in a quiet rural neighborhood. Susie Poe, whose beautifully manicured farm is diagonal across the road from the Haase’s property, was supportive of the mission the applicants are trying to fulfill, but not in that location. After all the speakers were heard, the Commission voted in a split 2-1 decision to recommend the denial of the permit. Vice Chairman Henry and Chairman Myers voted for the denial, and Commissioner Kersjes voted against the motion to deny. The application will go to the Board of Supervisors on July 26 for a final decision.

Cole Haase defends his plan to develop an outdoor recreation operation in the former Church at Waterlick on Fort Valley Road. The Planning Commission, on a 2-1 decision, voted to recommend the denial of the permit.

The Shahi Food Group is applying for a CUP for a food processing facility at 426 Baugh Drive in the Stephens Industrial Park. The property is in the North River District and is zoned industrial. The applicant has requested the permit during a 60-day study period, so the permit could be approved by the time they close on the facility. They hope to begin manufacturing there in the late fall.

On its consent agenda, the commission approved authorizations to advertise public hearings for Conditional Use Permits for seven short-term tourist rentals:

• Michelle Moriarty for 96 Cappy Rd. in the Happy Creek District
• Michael Merrill for 319 Rocky Mount Rd. in the Shenandoah District
• Kendra Hanson, Kathryn Stuart, Simon Sarver, and Michael Cherubin for 97 Overlook Rd. in the Shenandoah District
• CAZA Legacy, LLC, for 241 Wildcat Dr. in the Shenandoah District
• Matthew Williams and Jay Gilbert for 244 Delicious Rd. in the Happy Creek District
• Matthew Williams and Jay Gilbert for 115 Lonesome Flats Rd. in the Fork District
• Thomas L. Pigeon for 540 Lakeside Dr. in the Fork District.

These applications will be advertised for a public hearing at the next regular Planning Commission meeting on August 10.

Finally, Terra Site Constructors has applied for a waiver to the building and parking lot setbacks for their warehouse project at 6986 Winchester Road. The waiver is necessary because of the projected widening of Routes 340 and 522, which impacts the design of the front parking area. The Waiver will mean that the structure will be 89 feet from highway right-of-way, rather than the required 100 feet. With no objection, the Commission voted unanimously to recommend approval of the waiver.

The meeting adjourned at 10:30 p.m.