Warren County Planning Commission considers private school, tourist rental, and camping sites

The Warren County Planning Commission met July 8 at the Government Center. Chairman Robert Myers (Happy Creek district) opened the meeting, reviewed the agenda, and prior meeting minutes, and for the third public meeting in a row, there were no citizen presentations, so the commission moved into public hearings for commission action.

Robert and Colleen Hencken have requested a conditional use permit for a private Montessori school located at 1694 Refuge Church Road in the North River Magisterial district. The Property is zoned A- Agricultural. Ms. Logan briefed the commission members on the staff work done on the application Staff had established conditions of approval of the permit, including compliance with the Department of Health, Fire safety, VDOT requirements, Signage ordinance, and parking plans.

Taryn Logan briefs the commission members on the staff work done on the application Staff had established conditions of approval of the permit, including compliance with the Department of Health, Fire safety, VDOT requirements, Signage ordinance, and parking plans. Photos and video by Mark Williams, Royal Examiner.

The property is not located in an area with a homeowners association and the property would meet the county’s setback and Health Department requirements. The maximum occupancy of the property was proposed to be 80 persons. All neighbors to the property were notified about the public hearing. Mr. Hencken spoke briefly about the project and his plans for the school as a temporary site in a converted pole barn. In addition, four citizens spoke at the public hearing in enthusiastic favor of the project.

Chairman Myers then closed the public hearing. The commissioners were then given the opportunity to ask questions. Vice-Chairman Henry then questioned the applicant regarding the plan for a septic system, which he regarded as a potentially difficult site due to soil conditions. As an experienced septic system installer, he asked if anyone had discussed a surface discharge system as a potentially appropriate solution.

Mr. Hencken indicated that they had had Marsh and Leggett come out to do the testing they indicated that a soil drip would not work. Mr. Henry explained that typical systems treat the sewage and then disperse it into the ground, but in that area, the ground is not very good for soaking anything. There is a different set of rules for a surface discharge system, in which the sewage is treated to the point that it is “clean water”. He recommended that the applicant mention it to the soil people and work with the health department. “Pump and haul” is not allowed for permanent structures. He further stated that a solution to the sewage problem would be a condition of the commission’s recommendation for approval.

The applicant indicated their plan was for use of the facility for 8 months to a maximum of 2 years, their original plan was to use bottled water in the building for hot and cold, and trailers for solid waste. He indicated that requirements were building up as if it were a permanent use, which it is not. He agreed to research the suggested solution with the authorities and consultants.

Commissioner Kersjes expressed concern about the traffic to the school through an intersection of Refuge Church Road and Doubletree Church Road, which is at a 45-degree angle. The applicant responded that the likely traffic count for the school would be approximately 25 cars morning and evening, or 100-150 trips/day. Commissioner Kersjes maintained that a 50% increase in traffic would be problematic. The applicant indicated they had asked VDOT to reduce the speed limit to 35 mph, in an effort to create safer access, and that VDOT had indicated that dropping the speed limit would not necessarily result in traffic slowing down. Chairman Myers commented that VDOT prefers 90-degree intersections, so the subject is likely to recur during the approval process. There were no other commissioner questions or comments.

Vice-Chairman Henry made a motion to recommend approval with conditions, as work with approving agencies was not yet complete. Commissioner Joe Longo seconded, and with no further discussion, the Commission voted unanimously to approve.

Anthony Cappaert has requested a conditional use permit for a short-term tourist rental at 437 Jones Quadrangle Road in the Shenandoah Farms subdivision, Shenandoah Magisterial District.

Anthony Cappaert has requested a conditional use permit for a short-term tourist rental at 437 Jones Quadrangle Road in the Shenandoah Farms subdivision, Shenandoah Magisterial District. The property is zoned R-1 residential. Planner Matt Wendling provided the staff briefing for the Commission. The last recorded building permit inspection was in 1973. The property is an older 2-bedroom home acquired by the applicant for a vacation property. He is seeking to recoup some costs of improvement by renting it on a short term basis. The health department has recommended that the well be tested annually for E-Coli and the septic system be inspected every 3-5 years. An e-mail was received from the Shenandoah Farms POA Chairman Ralph Reynaldi, citing no objections to the proposed use. The applicant has been working with the planning department to meet all the requirements for short-term tourist rental. The property meets all the setback requirements, meaning the closest dwelling is 125 feet away, The sanitary district manager has submitted comments regarding the proposal, with no objections to the traffic but included recommendations for landscape and drainage improvements. The staff recommends conditions for approval of the permit:

1) The applicant will be required to maintain compliance with all Health Department, regulations and the maximum number of occupants shall not exceed 4.

2) The applicant shall have the well water tested annually for E-Coli coliform bacteria and a copy of the results provided to the planning and health departments by the end of the calendar year.

3) The applicant shall clear and remove vegetation along the property frontage on both sides, and install a culvert at the entrance to the property.

Chairman Myers then opened the public hearing for one registered person to speak. Richard Goldie was opposed to the use and began a statement regarding the difference between residential and commercial uses of properties. The Chair reminded him that the Virginia General Assembly had determined that short term tourist rentals are not to be considered as a commercial activity, whereupon Mr. Goldie did not continue his statement but questioned whether the 100-foot setback requirement had, in fact, been met. The second speaker was the applicant, Mr. Kappaert, who expressed regret that he had not been aware of the opposition and was anxious to be a good neighbor and community member. He committed to reach out to the opposing parties and alleviate their concerns.

Another neighborhood resident, Jamie Hammick, was also opposed to the use, and indicated that it was purchased by an LLC rather than an individual, and feared that the proposed use could increase traffic, and potentially jeopardize the security of the neighborhood.

Once the public hearing was closed, Vice Chairman Henry asked the applicant if he had any issues with the recommendations of the sanitary district manager. The applicant was very agreeable.

Commissioner Longo asked if the applicant had a management plan. Mr. Kaeppert indicated he did and had an agreement with a local manager with 35 years of experience. Mr. Longo indicated that an actively rented property is preferable to a vacant unmaintained one. Similar sentiments were expressed by the Chairman.

Commissioner Kersjes asked about the property setbacks, and Mr. Wendling described the mechanism for using the county GIS system to measure dwelling to dwelling. The Chairman urged the applicant to work with the neighboring property owners to “extend an olive branch” as neighbors. Vice-Chairman Henry discussed the conditional use permit requirements and supported the idea that a well-maintained short term rental is better for the neighborhood than a badly managed long-term rental. He urged the neighbors to notify the planning department if there were problems. He also recommended informally that if there were a direct line of sight between the subject property and the nearest ones, that a neighborly gesture would be to consider some sort of screening
A motion was made by Vice-Chairman Henry, seconded by Commissioner Kersjes to recommend approval. Commission voted unanimously to approve.

Robert Hensley has requested a conditional use permit for non-commercial private use camping on his residentially-zoned (R-1) property on Rivermont Acres Road in the Fork Magisterial District. Matt Wendling of the Planning Office briefed the commission on the proposal. Neighboring property owners have been notified, but a response from the HOA has not yet been received.

The applicant seeks to use the property for seasonal camping and have access to the North Fork of the Shenandoah River for fishing and kayaking. There have not been any conditional use permits issued for this property although other properties in that subdivision have been issued similar permits for recreational use. Mr. Wendling outlined the supplementary regulations for that use, including the requirement for an RV to not be on the site for more than 180 consecutive calendar days, and a limitation on the number of recreational vehicles that would be allowed on the property. He also listed the conditions that would be part of the permit if it was issued, including compliance with County Health Department regulations, posting markers on the lot for fire/emergency services, RV-related materials to be stored neatly, and that the site would be subject to inspection to ensure compliance.

The property is located in a special flood zone, so an emergency plan would also be required to provide for evacuation in case of a flood event. Chairman Meyers opened the public comment period and there was no response from the sparse audience. Vice-Chairman Henry commented that this is an ideal use for the property.

Vice-Chairman Henry moved to forward the application to the Board of Supervisors for approval. Commissioner Longo seconded and the Commission voted unanimously to approve.

Aaron Hike has requested a conditional use permit for private use camping on a property on Beckwith Drive in the Shenandoah magisterial District. This property is also located in a special flood zone, so a flood emergency evacuation plan would be required. There would also be a requirement for an RV to be on the site for not more than 180 consecutive calendar days, and the site would be subject to inspection to ensure compliance. It has not been the subject of any previous conditional use permits. No speakers offered any comments during the public hearing, so Vice Chairman Henry moved to forward the application to the Board of Supervisors for approval. Commissioner Kersjes seconded and the Commission voted unanimously to approve.

During the planning director comments, Director Taryn Logan indicated that work is underway on the proposed Agricultural and Forestal Districts and that she is hoping to have all reviews completed by the end of the year. She also let the commission know that construction of the new building for Chipotle’s Drive-thru and Five Guys at Riverton Commons was in progress with one remaining unit in the new building not yet spoken for.

During the Commission Members’ comments, Vice Chairman Henry provided an update regarding the construction of the new fire station.

The Assistant County Attorney, Caitlin Jordan, did not have any comments for the commission.

Zoning Administrator Joe Petty summarized his work.

A motion to adjourn by Vice-Chairman Henry and a second by Commissioner Longo ended the meeting at 8:00 PM.

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