Warren County Supervisors consider rural events facilities in the South River District with mixed results

The Warren County Board of Supervisors met Wednesday, January 11, to consider four Conditional Use Permits (CUPs) in the South River District. The four applications on the agenda are all related to the proposed uses of agricultural land. Increasing attention to land use in the past 10 years and pressure for more residential housing have meant greater focus on the balance between property rights and community impact. The terms “By Right” and “Permitted Use” mean property owners can do some things with their property with no approvals required, and other uses are subject to “conditional use” permits issued by the “governing body”, in this case, the county supervisors.

Filled chairs at the Wednesday Warren County Board of Supervisors meeting in anticipation of a Browntown property owner’s request for a permit for Campgrounds and rural events facilities. Photos by Stephen Sill.

Carl and Jennifer Ey applied for a CUP for a rural events facility on their Agriculturally Zoned acreage at 1406 Panhandle Road in Bentonville. The County Planning Commission had previously recommended approval of the permit, and the Eys are experienced, small rural venue operators. Deputy Planning Director Matt Wendling briefed the Supervisors that the County Building Official, Health Department, and Virginia Department of Transportation had provided comments on the proposal. The Department of Conservation and Recreation – Andy Guest State Park had also requested in writing that the facility observe the same quiet hours as the park facility, so the conditions of the permit were modified to require that events hosted at the site should end at 10 p.m.

Supervisor Vicky Cook asked the applicant if he anticipated having to accommodate large vehicles such as buses for the events, given the narrow road leading to the site. The applicant responded that he would be happy to accommodate a prohibition on buses if that was the intent of the board, and that should the expected number of vehicles at an event be sufficient to warrant, his plan was to have someone to direct traffic to avoid any conflicts.

The public hearing on this request yielded three speakers, two of which were supportive of the permit, and one against; in addition a neighboring landowner had registered his opposition to the site of the facility on the applicant’s property. The applicant had addressed the concerns with the neighbor in writing and with the planning department. Bill Barnett, a local property developer and coincidentally a nearby resident of the property, expressed his strong support for the project. He said as the pressure on landowners increases to more effectively use their acreage, “The easy way out,” is to cut down all the trees, bulldoze it level, and build houses. He commended the applicant for devising a way to preserve the rural character of the area and still share it with the public.
Supervisors asked questions about road access to the facility and whether a nearby archaeological site could be impacted by the planned use. The Planning Department staff indicated this facility was a substantial distance from the Flint Run Archaeological site. VDOT had weighed in with its requirements which also had been addressed by the applicants. The Board then voted unanimously to approve the permit.

Wright proposals
The supervisors then turned their attention to a request by Edwin Wright for a CUP for a Commercial Campground on his agriculturally zoned property at 2905 Gooney Manor Loop, again in the South River Magisterial District. Board Chairman Cheryl Cullers cautioned the waiting crowd that disruptions or outbursts were prohibited under the rules of public meetings. In contrast to the previous public hearing, nearly 100 citizens were in attendance to register their opinions about the Gooney Manor proposal.

Deputy Planning Director Wendling informed the Supervisors that the applicant had modified his request to scale the size back from 100 primitive campsites to 50 in deference to the community concerns about traffic to the site. That modification appeared to take the supervisors by surprise, as the application package still indicated the project would provide 100 spaces. Several supervisors asked questions about the reduction in scope – was it a permanent reduction, or would there be a later expansion. The applicant indicated that, depending on the results of the project, the size could be expanded.

Supervisor Walt Mabe expressed concern about the availability of water and power, and Mr. Wright explained that water would be available throughout the site, but power would not be provided to each site, Since there was uncertainty about the types and sizes of camping modes (Tents, Small trailers, etc.) and little detail in the application about the facilities that would be provided, the Supervisors were dubious about the proposal even before the public hearing.

Applicant Edwin Wright answers questions about his campground conditional use permit on his property in Browntown. Supervisors eventually decided against approving his permit requests.

There were 43 speakers present, and according to one of the speakers, Stacey Mikel, over 700 local residents had signed an online petition opposing the permit. The complaints followed a familiar theme:

• The roads were inadequate to support the additional traffic

• Campers would likely create fire hazards in a heavily wooded area adjacent to a national park

• Cell service in the area is inadequate so emergency 911 calls might not work

• Access by fire/EMS could be restricted by road blockage

• Fire/EMS staff is already inadequate

• Alcohol-related incidents are likely

• “Visitors don’t care about the community”

• Trash dumping

• Some don’t trust the applicant

• Lack of applicant’s experience managing a campground.

• Concerns about trespassing, firearms, or personal safety of neighboring residents

Local developer and resident William Barnett gives a passionate defense of Edwin Wright’s request for a conditional use permit. Barnett pointed out the need for facilities of this type to provide visitors access to the many assets that Warren County offers.

After almost two hours of always civil, if opposing public comment, William Barnett addressed the Supervisors again: “If you disapprove this, you should never, ever approve another campground unless it fronts on State Routes 340 or 522,” Barnett asserted. Supervisor Cook then introduced a motion to deny the permit, seconded by Supervisor Mabe. The vote was unanimous and there was a sigh of relief in the room.

The Supervisors then took up the next CUP request by Edwin Wright for a Rural Events Facility at the same address. Many of the same residents rose to oppose the permit and echo the same complaints. It was clear that opposition to the rural events facility was at least as strong as that for the campground. Supervisors asked about the size of events that the applicant expected to host, such as concerts or gatherings. The answer was that the expectation was that groups and concerts would not exceed 200 people.

Mr. Barnett again rose to support the request and compared this Rural Events Facility development to the one that had earlier been unanimously approved. “People who attend these events expect them to be in rural areas with small roads.” The last to make a public comment was Phillip Vaught, a local innkeeper, and investor, in support of the proposal. He told the supervisors that the great danger for a property of this type is that landowners with agricultural property have the right to divide their property and it was easy to envision 100 houses or even more on that property, without a hearing of any kind.

At the conclusion of the public comment period, Chairman Cullers in whose district the Wright proposals lie, then spoke. “I have gone out there and measured this road, and I am familiar with it.”

Her concern about the permit was safety. “Safety is the issue,” she said. A motion to deny the permit request was made by Supervisor Mabe and seconded by Supervisor Butler. The vote was again unanimous to deny.

Warren County Board of Supervisors Chair Cheryl Cullers listens to the arguments for and against a permit for a Rural Events Facility on Browntown’s Gooney Manor Loop. At the conclusion of the hearing, the Supervisors decided to deny the permit.

There was a brief discussion about the remaining two Conditional Use Permit requests by Mr. Wright for a Campground and a Rural Events Facility on an adjoining property. Mr. Wright announced to the Board that he was withdrawing those requests to research and reevaluate his plans. He expected it to be several months before he was ready for the next steps.

In light of the withdrawal, Chairman Cullers adjourned the meeting at 10:30 p.m.