At a regular meeting of the Planning Commission of the County of Warren held in the Warren County Government Center Board Room on July 9, 2014:
Present: Doug Rosen, Chairman; Robert Myers, Vice-Chairman; Lorraine Smelser; Scott Stickley and Hugh Henry; also present Taryn Logan, Planning Director; Dan Whitten, Assistant County Attorney; Matt Wendling, Planner; Erick Moore, Zoning Administrator and Cindy Kokernak, Secretary
Absent: None
Call to Order:
Chairman Rosen called the meeting to order at 7:01 pm.
Adoption of Agenda:
Ms. Smelser made a motion to adopt the agenda as presented. Mr. Stickley seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Approval of Minutes:
On a motion by Mr. Stickley, seconded by Mr. Henry, the regular meeting minutes and work session minutes of June 11, 2014, were approved by the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Public Presentations:
Public presentations are limited to issues that are not included on the meeting agenda. It is intended as an opportunity for the public to give input on relevant planning issues and not a question and answer period. There were no presentations.
Page 1 of 37
Public Hearings:
Conditional Use Permit
2014-05-02 Keith & Kimberly Hartke
Ms. Logan introduced that the applicants are requesting a Conditional Use Permit for a short-term tourist rental. The property is located on tax map 31B, section 7, block F, as parcel 37, addressed as 319 Windy Way, in High Knob subdivision. The applicants purchased this property in October 2013. The request was sent to the Health Department for review and the Commission has a copy of their comments in the packet. All of the letters we have received from residents in High Knob are in your packets as well. I have recommended conditions if the Planning Commission were to recommend approval of this application, they are as follows:
1. The applicant shall comply with all Warren County Health Department and Warren County Building Inspections regulations and requirements.
2. The maximum number of occupants shall not exceed three (3) and the number of bedrooms shall not exceed two (2), as determined according to the Health Department permit.
3. The applicant shall have the well water tested annually and a copy of the results shall be submitted to the Planning Department.
4. The property shall be in compliance with Section 180-56.4 of the Warren County Zoning Ordinance regarding supplemental regulations for short- term tourist rentals.
5. The applicant shall register with the Commissioner of the Revenue’s office for transient tax purposes.
6. The applicant shall have the septic system inspected annually and a copy of the results shall be submitted to the Planning Department and the septic system shall be pumped every five years as recommended by the Health Department.
7. All vehicles shall be parked within the driveway of the property and there shall be no on-street parking.
8. There shall be no hunting at the property or in High Knob Subdivision, as well as no discharging of firearms, no dirt bike and ATV use on the High
Page 2 of 37
Knob Subdivision roads, no open burning, and no discharging of fireworks.
Ms. Logan offered to answer any questions. The Public Hearing has been properly advertised and all adjacent property owners have been notified. The applicant is present.
Mr. Henry inquired as to whether or not the High Knob water system is on a private water system. Ms. Logan stated that it is a central water system and is tested yearly. The company that does the testing supplies a letter with the results and she asks that a copy of the letter just be provided to the Planning Department as a standard procedure on all short-term tourist rentals.
The Public Hearing was opened and the applicant was invited to speak.
Keith Hartke stated he lives in Reston, Virginia, about an hour from Front Royal. He and his wife, Kimberly, are applying for the Conditional Use Permit. He stated they want to use the home as a little escape from the city, and they also want to use it for friends and family, and maybe business associates. In other times, they may want to rent it out as a short-term rental. They had an anniversary couple a few days ago and a mother and two children a while back; the kids didn’t want to leave. It is a rustic, upscale retreat with log furniture crafted by local artisans. They are very proud of their home and they want to show it off. It is a beautiful cabin that is in a beautiful neighborhood called High Knob. They have listened to neighbor’s concerns and have addressed many of their concerns by incorporating them into their house rules. Before occupying the cabin, renters sign that they know these are the cabin rules. Who is more concerned than we are? We own a beautiful property and we are opening our doors, with a lot of beautiful items inside, to people…I am the most concerned. He stated that he wants the people who use the cabin to be the quality kind of folks that will not destroy their place. People that have come in have been so admirable of the cabin that they want to come back next year. They tell their friends and are excited about Front Royal. They get an overwhelming feeling of warmth by making people happy. That’s what a short-term rental should be. It’s not about making a little money, they are more proud of showing off what a beautiful cabin it is. They are not absentee owners, they come whenever they can and inspect the cabin to make sure everything is going according to plan. On the day-to-day basis, they have Larry Donovan and his wife taking care of the supervision, housekeeping, the maintenance, the yard, make sure the landscaping is beautiful, and make sure no one is parking on the road. They nip any problems in the bud and they are right there; they live on Windy Way, just a few doors down from this cabin. Their phone is on 24 hours/day and they will make their number available to any neighbor that has a problem so he can nip
Page 3 of 37 problems in the bud. They do not want unhappy neighbors. What they are doing is giving people a chance to get away from the 9-5 job and take a little weekend excursion. Without this permit, people won’t have that opportunity.
Vincent Bonzagni, 147 Mountain Top Road in High Knob, had a couple of points to make. The details of what the High Knob community fear (are concerned about) will be presented by those that follow him. Point one is that the Hartke’s came here with a background in real estate knowing, or should have known, about the requirement to notify the office and the association that they were going to be renting out their home to others. There are reasons why those rules are in place. By not doing so, they have committed a violation of the rules. He understands they are being allowed to continue to operate in this manner while this is being decided. That, in effect, creates an amnesty situation for someone that has broken the rules. It sets a very bad example. It just tells anyone that wants to, come on up and do whatever you want. Break the rules and later, if we catch you then come on in and apply for an application, it’s all right. The second point is one that relates to the issue of coming to the nuisance, something you are probably familiar with. Someone has a pig farm and a developer comes in and builds a development “down wind” and then wants to turn around and get rid of the pig farmer. The developer can’t because he knew that the pig farm was there before he built. That is coming to the nuisance. Here, I think the speakers that follow me will establish that short-term rentals in the High Knob community constitute for the rest of us a nuisance. The nuisance is coming to us and we should not have to alter our lifestyles to accommodate theirs. Thank you.
Chairman Rosen asked if applause could be held back for the remaining speakers.
Judy Sikora of 741 Windy Way in High Knob thanked the Planning Commission for the opportunity to speak. She lives very close to the Hartke residence, just several houses down and she has observed quite a bit since last October when the Hartke’s purchased the property. She sent a letter to Mr. Moore, spoke to him on the phone and would like to share some of what she has observed. Ms. Sikora moved into High Knob seven (7) years ago, relocating from New York State, lower Hudson Valley, another beautiful place. She was ditching her New York City commute for a Washington D.C. commute and wanted to live in a beautiful rural area. What attracted her to High Knob as a community was the fact that the residents she met were wonderful. They all had a respect for the community, nature and wildlife. She had no concern paying her HOA fees as she felt secure in the privacy of the gated community. The timeline that she observed as a person living on the road by this house is that the house was purchased at the end of October. Within about a week after the purchase, the commercial vans started coming in saying “Vacation Rentals.com” which were
Page 4 of 37 pretty constant, almost every day. Big construction vehicles carried heavy loads of all kinds of things, blocking the road. It’s a very narrow gravel road, about halfway up the mountain on the down side. It was a struggle to get back and forth in front of that house during that season. During the December holidays, it seemed that the traffic died down, there weren’t cars parked all over the place on both sides of the roads. Then the renters started coming in. I have counted so far people from 12 different states…Michigan, New York, New Jersey…I don’t have to tell you the rest. The renters are constant. They are from all over. I have also seen a number of repeated and unrelenting violations of the covenants that we have on the mountain. I did reach out to the owner myself, and had an email conversation. I was not happy with the result because I felt I was being patronized though I was concerned about some safety issues such as cars on the road, loud parties (which not only I have observed but other residents in the immediate area have also observed). The actual physical setup of the house (the top floor of the house) is set up for parties. There are bar tables around the edge for drinks, etc. The roads in High Knob are very precarious. Even as residents, it takes a lot of skill to understand how to drive on those roads on a regular basis and be safe. The thought to her of strangers coming up in the middle of the night, they can’t find the house, then they finally get there, and the kind of run-in that can happen really scares her. People like to walk their dogs and there are runners on those roads in reflective vests as there are commuting residents that come home later in the day. Windy Way is a very popular road for runners as it is one of the longer roads on the mountain, and we watch out for them. I have observed no understanding of wildlife. I’ve talked to some of the renters at that house. I’ve stopped my car when I’ve seen them. A week before last, there was a group of four (4) young guys that were there. The car plates were from four (4) different states: New Jersey, New York and two others. They had a huge fire right in front of the house, on the grass, literally right in front of the wood siding of the house. Flames were going up about 6-7 feet tall, so I stopped my car and asked them if they knew about open fires on High Knob. I said it nicely, but I was really clear, that this is a gated community. We can’t have forest fires here. Do you know anything about any of this? They told me they knew nothing. I also told them that there was a recent bear sighting, a young cub that was climbing on folks’ decks on Windy Way. I told them there were bears in the area and asked them if they knew how to respond to bears if they are around. They said they weren’t from here and had no idea. This is what I am observing. I also watch the information on the Hartke’s website. The website has “morphed” from when it was first on VRBO. First, it was 10-12 people can come in here and I was thinking how big is that house and how much can that septic handle. Then I saw the information change to 2-4 people, but I have seen 4 or 5 cars cram into that little parking space area that they have pretty consistently. Long term renters in the community have access to the High Knob Staff so they can hear about what they are and are not supposed to do. These renters are there on the weekend and
Page 5 of 37
I don’t think it should be my responsibility, as a High Knob resident, to have to go by and talk to renters and remind them of safety issues…it’s not my job and I don’t want it to be my job. I want to be able to live in a peaceful community. I am extremely opposed to this and I am not alone. We really don’t want this.
Don Day of 292 Alpine Drive stated that he is currently President of the High Knob Owners Association. With permission, he distributed copies to the Commission of a petition that has been circulated and has 74 names on there that are opposed to the Conditional Use Permit. He knows there are a lot of people here that are hesitant to speak because of the limited time and he asked that all High Knob residents in the audience that are opposed to the Conditional Use Permit raise their hands. Back in May, they received a letter from Ms. Logan indicating that a Conditional Use Permit had been applied for. They convened a special Board meeting on May 2nd to discuss specifically short-term rentals. There were 31 property owners present at that meeting. At the end of the meeting we requested a show of hands and 30 of those people were opposed. One person did not vote. Subsequently, at a regular Board meeting on May 12th, we discussed the situation extensively. We finalized a letter to the Planning Board and we also made a somewhat similar but far more extensive letter to the Board of Supervisors. That letter contained a lot of things, and Mr. Day apologized to Ms. Logan if he is repeating some of the things she already mentioned. She mentioned parking, open burning, discharging of fireworks and firearms. He stated the High Knob Owners Association would like to see a limitation for leashes on dogs. Also, the security in the development is a joke; they haven’t changed the gate code in many years. They are in the process of finalizing how they will change the gate codes and notification to homeowners, etc. They are also concerned about the type of people that are there. There are many, many children in the High Knob community. A lot of people have expressed concerns about the possibility of child molesters, convicted sex offenders and so forth. When Mr. Hartke was talking, he didn’t address anything about emergency exits. That is a concern to everyone on the mountain. We have spent a lot of money gaining rights to build an emergency exit that goes through Mosby Estates next to us. The bottom line is, many of our residents strongly object to the short-term renters as not being compatible with a stable environment. All Board members, past and present, as well as many volunteers have tried (they believe successfully) to develop and maintain a community that everyone should be proud of and have a lot more control than they will receive with short-term rentals. We feel concerned that this may be the start of a trend. He mentioned another item on the agenda to advertise for a short-term rental at 258 High Knob Road. Mr. Day offered to answer any questions and thanked the Commission for their time.
Page 6 of 37
Eric Freese of 76 Split Rail Road in High Knob has been a resident of High Knob for a period of approximately fourteen (14) years with his wife. These have been among the finest times in their lives. It has been a sense of family and community. He stated that the tremor in his voice is not because he is unaccustomed to public speaking, it is adrenaline and frustration. There is irritation that you have picked up on. Last weekend, these wonderful, controlled renters were whooping and hollering like a pack of rabid timber wolves until about 11 o’clock at night. He heard that the Health Department authorized three (3) people for occupancy and this was well beyond three (3) people. They were ranting, raging, howling at the moon (literally) until about 11 o’clock. He has neighbors that work in D.C. that are up at 3:30 am in the morning. He has a backyard neighbor who is CIA that is putting in long hours and he does not feel that she is getting much rest these days. Mr. Day has to get up at 5:00 am. He went to bed at 11:30 pm and he was very angry as there was no one to call to “muzzle” this. There are many issues such as the cars parking on the side of the road. They have a downhill slide beginning to develop that has to be addressed here and now. One of the key points is that renters simply don’t own responsibility. He has three (3) houses within sight of his house that within the last four (4) years, due to the present economy, have ended up being rental properties. He gave first-hand examples of some of the renters: one of the renters behind him, a couple, trashed three (3) cars during the winter (one belonged to one of his buddies at work.) He destroyed his buddy’s pickup truck and took out the entire side gate entry system he broadsided it. He demolished three (3) cars within three (3) months and then they split in the middle of the night. They even threw their house cat out in the middle of January. He is now a rescue in our home. We took him in the night before a blizzard as he had been outside for a week that we didn’t know about it. Our neighbor, Sally, two months back rent gone. Some of our friends, he owed the money he borrowed…the whole bit. We have another neighbor who was launching fireworks into a dry brush pile with his son while knocking down a six-pack of beer. Another different homeowner this time, called me. I was a volunteer Road Captain for our fire-wise community trying to help protect things. I went over and talked to the man, he could hardly stand upright and his 6-year-old son is standing there watching him knock down his beer. They are popping bottle rockets into brush piles in the middle of an August afternoon. Dry kindling… These people do not understand about forest fires. I have had two (2) forest fires to contend with on Split Rail Road in the last three (3) years, personally. One of these was the length of this room and half its width. Do you know how paltry a 1/2” garden hose is against that, and how terrifying it is when it’s about 200 feet from your back door? You’re waiting on fire trucks that you hope will arrive. We have issues. We have another neighbor who has been poaching off of the back deck. He also split in the middle of the night and left our friend, Vince, with three (3) month of back rent due. He was raising dogs inside the house. He
Page 7 of 37 trashed the plumbing. He broke the porcelain sinks. They found deer carcasses all buried under the backside of his porch. We have another renter who has been putting salt licks at his garage door. Do the math. There is only one reason for salt licks at a garage door. The list goes on and on. What we’re having is a disruption within what was a beautiful, quiet, peaceful, tranquil community. I have neighbors who have stopped their cars on gravel roads to ask me if I needed a lift when I was just out for a hike. We spend the next 5-10 minutes casually chatting. The opening lines on High Knob might as well be, “Have you seen any bears?” That’s our motto. Everybody just opens up with it. We love where we live. It’s relaxing. I come home and I feel like I just rolled up to Mayberry RFD. Not anymore. You guys are putting in a “wreck center”… w-r-e-c-k center. We’re having parties, we’re having open fires, we’re having parking problems. You’ve heard that litany before. The bottom line is I’ve seen what renters do. I used to rent. I was a military brat being raised up and it was yes or no ma’am, please pass the salt. I respect other people and I respect their property. These people are coming in from all over and it’s party time. I can tell you that first hand at 11:00 at night, there was no boredom going on at that house. It’s just one big party. They’re flipping cigarettes into the leaves. I’ve talked with neighbors that have seen it happen and now I’m hearing of a 6-foot fire. When you mention forest fires, you’ve got my full attention ‘cause I’ve stared them right in the face and it is terrifying. It is terrifying. A garden hose just doesn’t cut it. If it gets into the tree canopies, we’re in deep, deep, deep trouble. That’s all I have to say, I think I’ve made my point…thank you for your time on this.
Chairman Rosen asked if there were any questions.
Mr. Henry asked if the other renters Mr. Freese was talking about were short- term or long-term renters.
Mr. Freese said they were all long-term renters, three separate homes of long- term renters. These were supposedly long-term renters that had been “groomed” in the High Knob rules. Now the only criteria needed for a short- term rental is a credit card. If you’ve got cash, it’s all yours. The owners (Hartke’s) are not there to see the cigarette go up against that curtain and suddenly High Knob is dealing with a forest fire.
Mr. Henry asked if any effort was made to call the Sheriff’s Department when the violations were seen.
Mr. Freese said he was told of the violations after the fact, by the homeowners, after these people (renters) had split. His concern is that the renters they’ve seen in the mountain cabins seem to have a mindset that “we’re out of the general
Page 8 of 37 public and we can cut loose.” We’ve heard a lot of that, first hand, in the last few weeks: whooping, hollering, cussing, laughing, screaming, clinking of bottles, you name it. I don’t know the fireworks that have been going off sporadically before and after the 4th of July, and coming right up the road. I’m basically two (2) blocks away from Windy Way, and I could hear it.
Being no other questions, Chairman Rosen called the next name on the sign-up sheet.
Rosalie Norem of 182 Greenfield Road on High Knob stated that she does not live close to the property in question. She decided that she wanted to speak this evening because when the issue first came up, she was not really that much against it. The more she has looked into it and the more she understands the issues that have been put before the Planning Commission tonight, the more convinced she is that this is really critical for their community. Personally, her biggest worry is the one you’ve heard repeatedly. We have a terrible risk of forest fires. I lived in High Knob for several years before I really understood what that was all about. I woke up one night about 1:00 am and I smelled smoke permeating throughout my house, and I actually called 9-1-1. They came out and checked to find that it was a forest fire down the road a ways and not in our community. It made me very aware of how real this issue is. I think a lot of people who live in High Knob (and I include myself in that) don’t initially think of Virginia as a place where we have forest fires. When you think of forest fires you think of California or Colorado, but I have seen reports of how many tens of thousands of acres of forest Virginia loses every year to fire. We don’t want our community to be among that loss. I appreciate your attention, thank you.
Josh Douglas of 184 High Knob Court stated he was a Past President of the High Knob Owner’s Association. First, Mr. Hartke advertises on the web and his cabin is available to anyone who is interested, it wasn’t friends or people like that. Mr. Douglas then read his letter: High Knob has become a premier subdivision in Warren County through major efforts by its residents. It is a family place with sound government, expert maintenance and increasing standards of its physical plan. The latter includes private roads, our own water system and recreational areas. Unfortunately, this success has now encouraged outsiders to indulge in “get rich quick” schemes through short-term rentals. In our opinion, these individuals will destroy the peace, harmony and physical environment now present at High Knob. High Knob is a gated, family community which means it is private. You have to know the code to get in. It is not open to the public. It is for those who live here full-time and enjoy a close relationship with their neighbors. We have spent and continue to spend our treasures to maintain a status of this kind. Short-term rentals do not and cannot understand our sociology, our rules, our privacy, and the many special situations we have here.
Page 9 of 37
They have occasions to drink, party, abuse the septic system and do not know how to handle the roads which are curvy and gravel and not typical roads that you find any place. Rather than going on and on, I’d like to state that we firmly believe from our experience in the world, that short-term rentals will ruin our treasured home environment and eventually reduce real estate values. Families move to High Knob for peace, quiet, and to raise their families in a private environment. They do not want to become a commercial entity. We believe our elected officials and appointed Commissioners should act in our best interest. I might quote a well-known saying, “An ounce of prevention is worth a pound of cure.”
Rae Tunstall of 121 Lazy Livin Lane in High Knob stated that she is pleased to speak to the Commission for several reasons. She just moved to High Knob in the past year and she moved from Oregon. She feels there is no place better in the world than Oregon unless it is living on High Knob. Unlike her neighbors, she has been involved in brush fires, forest fires and beach fires when grass has been accidentally burned. She gave an example of a community that she lived in that had covenants that stated “no short-term rentals”; however, someone slipped one in on them. Before they knew it, their neighbor had a rental with 5-6 cars on the driveway, the roadway and in her own driveway in front of her garage. There is not enough room on Windy Way to park more than 2 very small cars. The other point she wants to mention is in regards to Mr. Hartke’s continuing comments about “their home,” she stated it was never their home per Mrs. Hartke’s comment which said it was their “investment program.” They have never had a thought of living or enjoying High Knob for anything other than an investment. This is a really, really serious issue. If this gets through with one person, we’ll be having short-term renters all over High Knob. We are a great community and I’d like to see it stay that way. Thank you.
Susan Scott of 65 Bridle Path in High Knob spoke next. She works for a millionaire that is in real estate and I can tell you short-term rentals will destroy our properties. That’s it.
Chairman Rosen asked if anyone else would like to speak on this item.
Chris Hindman of 250 Redbud Lane in High Knob addressed two (2) things: first, he wants to address Mr. Hartke. He did this not for the beauty of High Knob but to make money. No ifs, ands or buts about that, it is for him to make money. Second, for me, this comes down to a safety issue. How many people in here have been on vacation before? Do you read the rules before you go on vacation? Do you know any of them? Do you follow all of them; probably not. We live in a little community right up next to a National forest. If people do not follow the rules and if they have open burning, it puts my life in jeopardy. It
Page 10 of 37 puts these people’s lives in jeopardy. It puts that park in jeopardy as well. We have to think to the future. You know, there was a very good theory called “broken windows” where if the neighborhood is not taken care of it starts to backslide. As soon as it starts to backslide, crime comes in. People stop caring. Property values decrease. We need to stop this now before it becomes an issue. If one gets in there, what’s to stop me or any of these people from short-term tourist rentals. The fact of the matter is we have people coming in here on a weekly basis that don’t care about the rules, don’t read the rules, don’t consider the safety of others because they are on vacation. That is pretty much it.
Wesley Gillespie of 187 Chestnut Trail Road in High Knob came forward and stated that he has been on the Board for about ten (10) years and he has problems with people coming in the subdivision. We have a lot of visitors coming in that know the code to get in to High Knob. Most people in Town know it, but you get outsiders from out-of-state coming in for the week or the weekend, they spend the time there (it’s a nice a place) and when they go home they can give the code out to anybody they want to. The next thing you know, we’re going to have thieves up there. We already have problems with a pickup truck and a white car coming in and honking. There are a lot of parties that go on. I’ve heard complaints about many parties. I’ve also heard that if Mr. Hartke doesn’t get this permit, he’s going to have to sell his house. Well, as far as I’m concerned, sell the house. You invested in it for profit. You didn’t buy it for your own or just your neighbors and your friends. You are renting it out to everybody in the world. Thank you.
Sharon Gillespie of 187 Chestnut Trail Road in High Knob stated that she is married to Wes Gillespie, Vice-President of High Knob’s Community Board and she is the editor of the newsletter. She is completely opposed to the concept of short-term tourist rentals. She is not going to speak to any personal knowledge of what she has seen. She has talked enough to neighbors who have seen it and witnessed it. What she wants to speak about is what brought her husband and her to High Knob. They came and visited High Knob in July, and they both fell in love with it. They decided to purchase a property. They built their own place, picked out the spot, went to High Knob on Thanksgiving Day and toasted the spot they were going to build on with champagne. They picked out where they wanted to build and hired a contractor to build the home. They moved in on September 9th, 2001. Two days later on 9/11, we know what happened. Both she and her husband were working in Northern Virginia at that time. They would have anywhere from an hour-and-a-half and a two-and-a-half hour commute between High Knob and Northern Virginia, and people thought they were nuts. They were asked why they were building all the way out there. After 9/11, they knew why we wanted to be out here. There is tranquility, there is peace. There is a feeling that we weren’t being threatened out here. Somebody earlier referred
Page 11 of 37 to it as being like Mayberry RFD. When we would come home and see that gate, we felt like, “Aahhh…” We’re at peace, it’s like a retreat, it’s a place where we can just unwind and it makes that long commute worthwhile. On 9/11, I could see the fires from the Pentagon. My husband was supposed to be working in the Pentagon that day. Fortunately, he wasn’t. We couldn’t get ahold of each other on the cell phones, nobody could. What High Knob has given me, has given my husband, has given 99.9% of the people who live there a sense of solidarity, a sense of serenity, and a sense of strength. Having short-term renters come in there conflicts with that whole concept of why people have moved there, why people have built there, why people serve on the Board and why people edit the newsletter. There is a real strength of community here and that just does not blend well with the concept of short-term rentals. Thank you.
Dusty Thompson of 689 Windy Way stated he was at the meeting with the rest of the homeowners of High Knob. We have nasty, treacherous roads out of there. Actually, one of our requirements are chains in the winter time. We have homeowners that don’t even put them on up there and they wreck and block the road. Our plow guys have a hard time plowing. I go out at 3 o’clock or 4 o’clock in the morning, I work for Pittman’s. We do Dominion’s transmission lines, so we get called out at all hours of the night. Whenever there is a storm, we have to go. Just the treacherous road conditions up there are something that a short-term renter can’t handle. They are not used to driving on those roads. You have to put chains on. If you don’t put chains on, you’re going to be over the mountain. I’m a firm believer in it because I’ve seen it. I leave out every morning and I’ve seen cars wreck. I’ve seen probably 8-10 cars wrecked this year on that mountain all because people don’t put chains on and it can’t be allowed. It doesn’t need to be allowed. I have kids that walk that road. I don’t need my kids to be hit by a car because some person doesn’t know how to drive on those roads. Thank you.
Pete Gambill of 355 Windy Way stated he is neighbor of the Hartkes. He watched the Hartke’s tenants pick up a charcoal grill, put it on his porch and spray juice all over it and light it on fire…it almost hit the top of his house. Mr. Hartke’s not there to see stuff like that. I’m right there. You’ve got beer cans, you’ve got people screaming all night long. I’ve got to get up for work at 5 o’clock in the morning and I don’t need stuff like that. I paid money to live in a gated community so that I can trust that my family is going be fine. That’s pretty much all I’ve got.
Melissa Johnson of 261 Chestnut Trail in High Knob spoke next. People in High Knob really do care about their community and if the Commission approves short-term rentals, they need to be prepared to have numerous calls to law enforcement when people are breaking the laws. That’s what’s going to happen with short-term rentals.
Page 12 of 37
Denise Wingfield of 269 Greenfield Road in High Knob said that she hadn’t planned on speaking because she is a teacher and she does that all year long, so summer is kind of her break, but she looks at her neighbors in the audience. We all know each other as High Knobbers. We’re each other’s family. What you’re seeing in front of you is a community. What we’re asking you to do is protect our community. I tell the kids that I teach that I am old. I can actually remember the times when people had barbeques in their backyard and you knew your neighbors. I teach kids now (I’m embarrassed to say) that I can’t tell an oak leaf from a maple leaf, but the kids on High Knob know that stuff. They know it because we’re a community, we get together, and we hang out together. We’re not a resort or a place where you need to rent a cabin. I don’t know the Hartke’s, they could be very nice, I’m sure they are, they don’t know me either, and I think I’m kind-of nice, but the bottom line is that what we are all asking you to do is to preserve our community. If you allow short-term rentals, then I hate to use the word destroy because I think it’s a harsh word, but I think that’s the road that you’re going down. Just think about our practical issues, fires, our roadways, people not knowing our covenants and things like that. In the grand scheme of things what’s important that we’re asking you to do is to preserve our community. We’d appreciate it. Thank you.
Jim Coates of 75 Chestnut Trail Road in High Knob said she thinks everyone tonight has pretty much summed everything up very well. I’m going to keep this real short. You do have a decision to make that’s going to affect a lot of the people in this room and possibly in this town, maybe even yourself. When you go home tonight, and I hope you enjoy the peace and quiet of your homes like we all do, think about it. We don’t know what’s down the road. This could be a precedent-setting action that you’re about to make. I hope you take it to heart and take it very seriously. You may be making this decision not only for us in the community, but also for yourself. Thank you.
Jay Buckner of 424 Split Rail Road in High Knob spoke next and said he just has one question to ask the Commission, “How would you like to have a short-term rental next to your home?”
Chairman Rosen thanked people for their comments and closed the Public Hearing.
Mr. Henry asked if this was turned down as a short-term rental, can it still be rented as a long-term rental.
Ms. Logan replied that it could and that a short-term tourist rental is defined as a dwelling that is rented for compensation for periods of less than thirty (30) days.
Page 13 of 37
Mr. Henry asked if there are any other short-term rentals in High Knob.
Ms. Logan stated there are no “legal” short-term rentals. There is this one, which was the first that was applied for and then we have another one (that we know of). Erick Moore has been doing a review of the entire County since our ordinance came into effect to figure out those that are out there. We have been notifying them and letting them know that they need to apply for the Conditional Use Permit if it’s in the Residential zoning district, and if it’s in the Agricultural zoning district for five (5) acres or less in size.
Mr. Henry asked if there is anything up there that is already grandfathered in for a short-term tourist rental that the Zoning Department would be aware of.
Ms. Logan replied that there wasn’t as far as she is aware of.
Chairman Rosen stated that he had a couple of personal comments. From listening to the comments made tonight and reading back through the zoning ordinance, the Conditional Use Permit subject basically should satisfy the following general standards, and just a couple of them (3 or 4 maybe) are adequate utility, drainage, parking, loading, other necessary facilities to serve the proposed use shall be provided. Abate or restrict noise, smoke, dust, and other elements that may affect the surrounding properties. Provide for adequate parking and ingress and egress to public streets and roads. Provide adjoining property with buffer or shield from view of the proposed use if such use is considered to be detrimental to adjoining property. Prevent such use from changing the character and established pattern of development of a community. These are just some issues that have been raised tonight which would cause us, or is causing me, to really take a look at the credibility of granting a Conditional Use Permit for this use. We are going to be faced with these in the future. I’m sure they are going to taunt us even greater. The one thing I would say, and I don’t mean this in an offensive way, everyone said it’s a gated community but the code is all over the City and the County and everywhere else; you may want to consider in the future having a system put in that changes that Code every so often. Based on the site visit, if they come in the wrong way, they’ve got four (4) brand new tires to buy.
Ms. Smelser moved that the Planning Commission forward this application to the Board of Supervisors with the recommendation to deny the Conditional Use Permit requested by Keith & Kimberly Hartke for a short-term tourist rental, because I believe that granting that would change the character of the community. This is a community that obviously has all come out today and presented their reasons for opposing this.
Page 14 of 37
Mr. Myers seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Chairman Rosen waited to start the next matter until the room had cleared out.
Conditional Use Permit
2014-06-01 Paul & Jennifer Hill
Matt Wendling introduced that the applicants are requesting a Conditional Use Permit for a short-term tourist rental. The property is located on tax map 35, as parcel 4A, and contains .6967 acres. The property is zoned Agricultural and located in the South River Magisterial District. The applicants have owned the property since 1994, and after living in it a few years decided to rent it to friends, family and outside guests. The property is located on the Shenandoah River and is Flood Zone “A” of the Special Flood Hazard Area, and is across from the Shenandoah River State Park. Their rules do not allow pets to stay with the renters during the visit and it is stated in the reservation agreement. The Health Department has submitted their comments based on a 1955/1956 septic permit. The original system was for a one (1) bedroom gravity-fed septic system allowing a maximum occupancy of two (2) persons. The Health Department also mentioned that the system wasn’t designed to handle a washing machine, garbage disposal or multi-person Jacuzzi tub. If the Planning Commission is to recommend the approval of this, staff recommends the following conditions:
1. The applicants shall comply with all Warren County Health Department and Warren County Building Inspections regulations and requirements.
2. The maximum number of occupants shall not exceed two (2) persons as permitted for a septic system designed for a one (1) bedroom dwelling and the applicant’s advertisements shall reflect this requirement.
3. There shall be no washing machine or garbage disposal installed in the dwelling and a notice shall be posted that restricts use of a Jacuzzi hot tub to once a day.
4. The applicants shall have the well water tested annually and a copy of the results shall be submitted to the Planning Department and Health Department.
Page 15 of 37
5. The applicants shall have the septic system inspected annually and a copy of the results shall be submitted to the Planning Department and Warren County Health Department. The septic system shall be pumped every five (5) years as recommended by the Health Department.
6. The property shall be in compliance with Section 180-56.4 of the Warren County Zoning Ordinance regarding supplemental regulations for short- term tourist rentals.
7. The applicants shall register with the Commissioner of the Revenue’s office for transient lodging tax purposes.
In regard to the limitation of two (2) persons, I have spoken to Mr. Hill regarding this and also the Health Department. If the property does lend itself to an expansion of the drain field, Mr. Hill could possibly come back at a later date for modification to allow additional people for this Conditional Use Permit. The Public Hearing has been properly advertised. The adjacent property owners have been notified. Mr. Wendling offered to answer any questions.
As there were no questions asked to Mr. Wendling, Chairman Rosen opened the Public Hearing.
The applicant, Paul Hill of 1109 Panhandle Road in Bentonville, stated that he and his wife own Sugarberry Cottage. He is glad that they are not a gated community, just farm people out in the country. Because of their location to the property, they can keep an eye on things and do repairs as needed. They like to meet the people when they come and personally greet them, explain the rules and clean up after them. It’s easier than cleaning up after a long-term rental. They are going to get into compliance and hopefully the Commission will pass this.
No one else wanted to speak so Chairman Rosen closed the Public Hearing. He said that they did a site visit and it is a lovely area, a nice little cottage and the owners live about a mile away.
Ms. Smelser moved that the Planning Commission forward this application to the Board of Supervisors with the recommendation to approve the Conditional Use Permit request of Paul & Jennifer Hill, for a short-term tourist rental with the conditions as recommended by Staff.
Mr. Stickley seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Page 16 of 37
Conditional Use Permit
2014-06-02 Jason Miller
Mr. Wendling introduced the application stating that the property is located on; tax map 24A, section 1, block 5, parcel 241, and contains 1.102 +/- acres. The property is zoned Residential One (R-1) and is located in the Shenandoah Magisterial District. The applicant lives out of state in Maryland and has rented the property since 2002 as a single family dwelling on a long term rental basis. He and his wife currently own a business in the Town of Front Royal, called Miller Winery which is a micro-winery and tasting room where their wine is processed and bottled for sale on-site. Their vineyard is located in Bumpass, Virginia. The applicant would like to utilize this dwelling for his family’s own use while in the area managing his business and also rent it on a short term basis to tourists who come to Shenandoah Valley for the weekend and holidays. He states that the approval of this use would allow them to offset the costs of ownership of the property. The Health Department has weighed in on this. Documents indicate that the system was designed to serve a three (3) bedroom structure with 450 gallons per day; this would accommodate a maximum of six (6) person occupancy. They do mention that the owner should be aware that it is recommended that none of the following be plumbed into the system: a hot tub, jacuzzi tub or water softener. Staff recommends that, if the Planning Commission recommends approval of this application, the following conditions should be applied:
1. The applicants shall comply with all Warren County Health Department and Warren County Building Inspections regulations and requirements.
2. The maximum number of occupants shall not exceed six (6) as determined according to the Health Department permit for a three bedroom dwelling with a maximum occupancy of six (6) persons.
3. The applicants shall have the well water tested annually and a copy of the results shall be submitted to the Planning Department and Health Department.
4. The applicants shall have the septic system inspected annually and a copy of the results shall be submitted to the Planning Department and Health Department, and it shall be pumped every five (5) years as recommended by the Health Department.
Page 17 of 37
5. The property shall be in compliance with Section 180-56.4 of the Warren County Zoning Ordinance regarding supplemental regulations for short- term tourist rentals.
6. The applicants shall register with the Commissioner of the Revenue’s office for transient lodging tax purposes.
7. Written notice shall be given to tenants who bring pets to keep them on a leash at all times while outside.
8. There shall be no discharging of firearms at the property or in Blue Mountain Subdivision, as well as no dirt bike and ATV use on the Blue Mountain Subdivision roads, no open burning and no discharging of fireworks.
This Public Hearing has been properly advertised. The adjacent property owners have been notified. Mr. Wendling offered to answer any questions and stated that the property owners are here to answer any questions.
Chairman Rosen opened the Public Hearing.
Jason Miller, owner of 42 Blue Mountain Road stated that he resides in Phoenix, Baltimore County, Maryland. He purchased the property in 2002 at the age of 20. He lived there and commuted to Tyson’s Corner. He likes to think of himself as a neighbor, and a next door neighbor of 12+ years was kind enough to write a letter stating there have never been any issues. Just a few key points, I did not buy this house to buy it and rent it. I owned it and participated in the Blue Mountain information exchange. I’m a yearly participant and people can attest to my helping clean up the mountain and debris per the Warren County money they give for cleaning up fire debris. I was recognized in the newsletter as contributing to wood burning and debris clean-up. I was published in the Blue Mountain Memories book by Dick Long, supporting research of the mountain and spent a great deal of time to have published that book. George from The Apple House can attest to my character. We do a lot of business together and he is a big fan of tourism in the County. If there are any questions, Mr. Miller offered to answer them and stated he has no problems with the conditions as stated by Mr. Wendling.
There being no one else wanting to speak, Chairman Rosen closed the Public Hearing.
Page 18 of 37
Ms. Smelser stated that Blue Mountain is a very different community than High Knob and she acknowledged a letter from the Property Owner’s Association that they support this application.
Mr. Henry stated that the main access to this property is off a public road off of Freezeland, so access isn’t an issue as in previous applications.
Mr. Stickley moved that the Planning Commission forward this application to the Board of Supervisors with the recommendation to approve the Conditional Use Permit request of Jason Miller for a short-term tourist rental with the conditions as recommended by Staff.
Mr. Henry seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Modification of Warren County Code
SO2014-06-01 Modification of Subdivision Ordinance
Mr. Whitten stated that amendments to Virginia Code Section 15.2-2260, which went into effect July 1st of this year, change the submission requirements for preliminary subdivision plats. Previously, preliminary plats were required for all Class C subdivisions under our County Code. The proposed amendments of the County Code would only require a preliminary subdivision plat if the subdivision results in more than fifty (50) lots. However, the proposed amendments also give the owner the option to submit a preliminary plat if the subdivision results in fifty (50) lots or less. Such amendments are proposed in order to bring the County Code in compliance with changes to the Code of Virginia. The Public Hearing has been properly advertised and Mr. Whitten offered to answer any questions.
Chairman Rosen stated that this is a continuing process the County is going through to make sure that the County is in compliance with the Code of Virginia and any changes that the General Assembly has approved. Chairman Rosen opened the Public Hearing. With no one wishing to speak, Chairman Rosen closed the Public Hearing.
There were no further questions or comments.
Mr. Henry stated that finding that the proposed amendments to Virginia Code Sections 155-22; 155-23; 155-28, 155-29 and 155-30 of the Warren County Code are
Page 19 of 37 required and appropriate for the public necessity, convenience and general welfare, and are good zoning practice, he moved the Planning Commission forward the proposed amendments to the Board of Supervisors with the recommendation of approval.
Ms. Smelser seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Modification of Warren County Code
Z2014-06-01 Modification of Warren County Code Sections 180-18 and 180-55.1
Mr. Whitten stated that amendments to Virginia Code Section 15.2-2291, which also went into effect July 1st of this year, expand the definition for a residential facility. Currently, we do not have any of these facilities within the County so this would just be an ordinance if one did come to the County in the future. Formerly the definition stated a residential facility is a facility in which no more than eight individuals with mental illness, intellectual disability or developmental disabilities reside with one or more resident counselors or other staff persons. Effective July 1, 2014, the staff persons no longer have to live within the facility for it to be considered a residential facility. Under our County Code, such a facility is considered residential occupancy by a single family. The other proposed change would replace the term mental retardation with intellectual disability. The General Assembly made this change in 2012. The amendments are proposed in order to bring the County Code in compliance with changes to the Code of Virginia. The Public Hearing has been properly advertised and Mr. Whitten offered to answer any questions.
Chairman Rosen opened the Public Hearing. There was no one wishing to comment. Chairman Rosen closed the Public Hearing.
Mr. Stickley stated that finding the proposed amendments to Sections 180-18 and 180-55.1 are required and appropriate for the public necessity, convenience and general welfare and are good zoning practice, he moved that the Planning Commission forward the proposed amendments to the Board of Supervisors with the recommendation of approval.
Mr. Myers seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Page 20 of 37
Authorization to Advertise
2014-07-01 Rochelle Allgood Mr. Wendling stated that the applicant, Rochelle Allgood is requesting a Conditional Use Permit for private use camping. This property is a vacant lot located on Farms Riverview Road in the Shenandoah Farms Riverview subdivision, in the Shenandoah Magisterial District. It is zoned Residential One (R-1), and is identified on tax map number 15D, section 1, block 3, as parcel 29, and is approximately 0.80 +/- acre. The property is located in the Special Flood Hazard Area zone “A.” The applicant recently purchased the property and came to our office to inquire what permitting she needed to camp on her vacant lot. She plans to use her lot for camping, fishing and recreation with family and friends. The property currently has two non-conforming accessory structures; a shed which she plans to use for storage and a pavilion which would be for picnicking only. She has plans to tent camp this season and hopes to purchase a small recreational vehicle in the future if she receives approval for the conditional use permit. Granting this conditional use permit will allow the applicants to establish a principal use for the property for private use camping and will make the accessory structure on the property less non-conforming. Staff recommends that if the Planning Commission is going to approve of this request that the following conditions should be applied:
1. The campers are to be kept in road worthy condition with valid tags and inspection decals.
2. Materials associated with the campers are to be stored in a neat and orderly fashion during the time of use and are to be removed from the site when not in use.
3. Campers shall be on site fewer than 180 consecutive calendar days in any one year for recreational use of the property only.
4. The applicant shall comply with all Warren County Health Department regulations and requirements.
5. No more than two (2) major recreational vehicles, as defined by Section 180-10 (B) (1) of the Warren County Zoning Ordinance, or tents shall be parked, stored or used on any lot or combination of contiguous lots under the ownership of one (1) party.
6. This permit shall be reviewed by the Warren County Planning Staff annually for compliance.
Page 21 of 37
7. The applicant shall comply with Section 180-40.1 of the Warren County Zoning Ordinance regarding noncommercial camping (Private Use Camping).
8. The applicant shall post property with an address number for Fire and Emergency Rescue Services and have an emergency egress plan for removal of the recreational vehicles during a flood event.
9. The existing shed shall be flood-proofed and anchored to meet the code requirements for 180-16 and the Uniform Statewide Building Code for construction in Special Flood Hazard Areas and will require a Warren County Building Permit and shall be used for storage only.
10. All pets shall be kept on a leash while visiting the property.
Mr. Wendling is going to address the pet issue on all future private use camping applications so that there are no dogs running all over the place. The other item is site specific and it wouldn’t be required for the pavilion, but just to bring the other structure into compliance, make it a little safer for being in a flood plain. Mr. Wendling offered to answer any questions; the applicant was not present.
Mr. Henry asked if anyone knew how long the accessory structure had been there.
Mr. Wendling stated he would have to do some research on that. He said it could possibly be 6-7 years and he could include more information in the revised Staff Report.
Mr. Henry stated that if the structure had been there for forty (40) years and hadn’t moved then the anchoring is not an issue and he wouldn’t put the applicant through that.
Mr. Stickley moved that the Planning Commission authorize the proposed Conditional Use Permit request for advertisement for a Public Hearing.
Ms. Smelser seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Page 22 of 37
Authorization to Advertise
2014-07-02 James Hueser
Mr. Wendling stated that James Hueser is requesting a Conditional Use Permit for a short-term tourist rental. The property is located on tax map 35B, section 1, parcel N, and contains 2.5 +/- acres. The property is zoned Agricultural (A) and is located in the South River Magisterial District and in the River Oak Subdivision and served by a private road. The applicant was recently laid off from a large information technology firm and is currently working as an IT consultant out of his home. This work will entail traveling and being away from his home for up to a week at a time. He is interested in sharing his home with a maximum of six (6) guests who would be thoroughly vetted using the reservation service. His bedroom would be secured and only three (3) of the bedrooms would be available for the short-term tourist rental use. He states that the house currently has five (5) smoke alarms, three (3) carbon monoxide detectors and seven (7) fire extinguishers located throughout the house which would help with bring this into compliance with the requirements for Building Inspections. The Health Department has permitted the property for four (4) bedrooms, six hundred (600) gallons per day, and a maximum occupancy of eight (8) persons. There is adequate room for the parking of vehicles in the driveway and garage. There is a landscape buffer between this property and adjacent parcels. Mr. Wendling offered to answer any questions and stated the applicant is not present.
Ms. Smelser moved that the Planning Commission authorize the proposed Conditional Use Permit request for advertisement for a Public Hearing.
Mr. Myers seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Authorization to Advertise
2014-07-03 Deborah Freeman and Roger Helm
Ms. Logan stated that there is a map at the Planning Commissioners’ desk that Josh (our summer intern) made that will help the Commission to keep track of the short-term tourist rental permit requests. She stated it is helpful in that it shows what subdivision each is in and the name of the applicant. This one is a request for a conditional use permit for a short-term tourist rental in the High
Page 23 of 37
Knob subdivision. This is one of the two that we know of in the High Knob subdivision. The property is identified on tax map number 31B, section 5, block CC, as parcel 40, at 258 High Knob Road, and is on approximately one (1) acre in size. The property is zoned Residential-One (R-1) and short-term tourist rentals are permitted only by Conditional Use Permit in the Residential-One (R-1) zoning district. The applicants, Deborah Freeman and Roger Helm, purchased this property in June 2010. In the applicant’s statement of justification, they state that they are interested in renting their home for short periods of time. Our Zoning Administrator discovered the home was being rented as a short-term tourist rental as he was conducting reviews of this type of use in the County. In their letter, they state that their rental contract specifies that no more than two (2) vehicles can be parked on the premises and all debris/recyclables must be placed in provided trash or recycle receptacles. She states that they do not rent to people under twenty-five (25) years of age nor allow more than six (6) guests. The permit has been sent to the Health Department and we do have a copy of their health permit which specifies a three (3) bedroom home with a maximum of six (6) occupants. I will wait and read the recommended conditions at the time of the Public Hearing. Ms. Logan offered to answer any questions.
Ms. Smelser moved that the Planning Commission authorize the proposed Conditional Use Permit request for advertisement for a Public Hearing.
Mr. Stickley seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Authorization to Advertise
2014-07-04 Joseph Chirico
Ms. Logan stated that the applicant is requesting a Conditional Use Permit for a short-term tourist rental. The property is located on tax map 13C, section 6, block 6, as parcel 1044, addressed as 1538 Riverview Shores Drive, and contains 0.3 +/- acres. The property is zoned Residential One (R-1) and is located in the Shenandoah Magisterial District. A short-term tourist rental is a use permitted only by conditional use permit in the Residential One (R-1) zoning district. The applicant purchased this property in August 2007. He states that they are interested in renting their home for short periods of time as they have had issues with burglaries and vandalism when the home is vacant. They would like for people to come enjoy the river and the local attractions. We have a copy of the health permit from 1971, which specifies a two (2) bedroom home. The permit was sent to the Health Department for comments. Shenandoah Shores has a
Page 24 of 37 central community water system. Ms. Logan will wait to read the conditions at the Public Hearing time. This property is totally in the floodway. During a site visit yesterday they saw that it is right at the dead end of the road. She is not sure where the parking is going to be exactly. It is a cul-de-sac and the river is right there. We will take some pictures for the Planning Commission as it may be helpful to see it. We will have to talk with the applicant as to where the parking is going to be so that it is not in the right of way. We did actually see some cars parked right in the road, not at this property but right along that section. There shouldn’t be any off-site parking. We will work with the applicant before the Public Hearing. There is a map at your desk that shows the property in the floodway. The applicant was not present to speak.
Mr. Stickley moved that the Planning Commission authorize the proposed Conditional Use Permit request for advertisement for a Public Hearing.
Mr. Myers seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Authorization to Advertise
2014-07-05 Gooney Lodge Partners, LLC
Ms. Logan stated that the applicant is requesting a Conditional Use Permit for a short-term tourist rental. The property is located on tax map 37, as parcel 50A, addressed as 2531 Browntown Road, and contains 2.672 +/- acres. The property is zoned Agricultural (A) and is located in the South River Magisterial District. A short-term tourist rental is a use permitted by conditional use permit in the Agricultural (A) zoning district on lots of 5 acres in size or less. In the applicant’s statement of justification, they state that they are interested in renting their home for short periods of time, May through October of each year. The house has been in their family since 1959; however none of the family members live in Front Royal. They want to keep the house to rent out to families to enjoy the Valley and so their family can come visit the area when they would like. This request was sent to the Health Department, and they were actually there on our site visit yesterday, and she is waiting for comments back from them as far as the septic system and the number of bedrooms that are permitted at the dwelling. Ms. Logan will wait to read the conditions at the Public Hearing and the applicant is here as well.
Mary Blanton spoke and stated that she lives in Salisbury, North Carolina. Her grandparents bought this property from the Weaver Family in 1959 and it has
Page 25 of 37 been in their family for fifty-three (53) years. Her sister, brother and she own this particular parcel. Her sister and she own 11.5 acres which they just purchased a year ago right next door to this property. Some other friends of her grandparents bought 70 acres to the other side. That was the whole Weaver tract. That is owned by a gentleman who is the son of my grandparents’ friends who now lives in Blacksburg. There is no dwelling structure on there. There is an old cabin that is really not fit for habitation anymore and she believes that he has the property on the market. We really just want to rent Gooney Lodge, which is a historic property and has a lot of history to it, to folks that we mostly know and are friends of friends, and we have had some short-term use. We have been registered with the County for sales and use tax and did not know anything about this permitting process until we were notified this summer. We certainly would have complied with it earlier had we known. We have had some rentals. It’s very limited as the house has no central heat or air as it was built in the late 1800’s. It has always been four (4) bedrooms and a little guest cottage which is basically just a fifth (5th) bedroom. It has two (2) full baths with claw-foot tubs. The last septic system that was put in that she is aware of was in 1972. The permit Mr. Ruffner got said two (2) bedrooms, but it has always been four (4) bedrooms. There are two (2) bedrooms up and down, and balconies. I don’t know enough about septic systems to know exactly how many it services, but I do believe it was put in for the full house, not just two (2) bedrooms. We don’t have any problems with anyone as we don’t have any neighbors to speak of. The Rudacille’s own the farmland across from us. There is just our land on the one side and the seventy (70) acres on the other, and the little “AA meeting house” on the corner. When we have rented it, we have limited it to 8-10 people maximum in the house, as the house is very large, and no pets. We’re happy to answer any questions you might have.
Ms. Smelser inquired about the roof and whether it had been looked at for structural issues.
Ms. Blanton replied that they have had it looked at. The roof is old beams and it has been that way forever. They had a new roof on in the late 90’s and it was checked. There is not a problem, it just looks that way. It is very sturdy.
Chairman Rosen stated that the entrance is down on the little low-water bridge.
Ms. Blanton stated that they are very careful and make it clear to people that there is the possibility if there has been a storm or the creek is high that they won’t be able to come. That is why we don’t rent in April as that tends to be a rainy month. Usually, by the time you get into May we’re not going to have those problems. We really haven’t had any problems with anyone getting stuck.
Page 26 of 37
My brother lives in Kentucky now and my sister lives in Connecticut. We all grew up in Alexandria and this is where we spent our summers growing up. Our children and our grandchildren all come, so we have a lot of family usage. It’s just that we’re all so far apart. We don’t want to leave the house vacant. It does tend to deteriorate if it’s vacant and we have local property managers who live just up the road that take care of it. Kathy and Rocky Dryer look after the place for us and they are down there almost every other day. We have good local control when we’re not here.
Ms. Smelser moved that the Planning Commission authorize the proposed Conditional Use Permit request for advertisement for a Public Hearing.
Mr. Myers seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Authorization to Advertise
2014-07-06 Garth Woodruff
Mr. Wendling stated that Garth Woodruff owns property located at 231 Rocky Mount Road, in the Blue Mountain subdivision, tax map number 24A, section 2, block 8B, parcel 349, and it contains 0.742 +/- acres. The property is zoned Residential One (R-1) and is located in the Shenandoah Magisterial District. The applicant currently resides in Michigan, after relocating there for a job opportunity and would like to keep his property here in order to have a place to stay when returning to visit family in the area. He also would like to retain ownership in order to increase his equity in the property and have more control over when and whom they rent to on a short term basis. He mentions in his statement of justification that the neighbors will assist in managing and maintenance of the property. Mr. Woodruff is here and mentioned that his parents live locally. The Health Department has not given us comments back, but the 1971 certification letter that we received from the applicant states that it was approved for three (3) bedroom septic system, for 600 gallons per day. We will wait for the Health Department’s comments before we update the conditions on the permit. There appears to be adequate parking. Mr. Wendling offered to answer any questions and the applicant is here to answer any questions.
Garth Woodruff of 2211 Pioneer Road in St. Joseph, Michigan, the property owner, stated that they had bought the house about ten (10) years ago. They moved out of Warrenton to get their boys “out into the woods” and they rebuilt it from a hunting cabin. He received a good job opportunity a few years ago, but
Page 27 of 37 they really don’t want to give up the mountains just yet, so they want to hold on to the house as long as they can and keep it in the heritage of their boys. We raised them up there. We still get back fairly often. We were back a few weeks ago and stayed for a week, all of us. You have probably heard the sentiments of some of the owners about you’d rather have six (6) people there every other weekend than four (4) people full time. It’s a little bit easier on the septic and the house, and it gives us the flexibility that we want when we come back and stay for a few weeks. All of our family is still here and we consider it home. It is an easy solution for us to hang on to it. The only neighbors we can really see from the property are the ones that take care of the property. Our boys grew up together and they are close friends. Our road is a fairly private road. We’re probably about the only house on it. Our neighbors take out our trash and clean when people are gone. We have family close by to kind of tidy up loose ends when they arise. I may not be here at every hearing so if you do have questions from your site visit, I would really like the opportunity to answer any questions or problems while I am here.
Ms. Smelser asked if there is a better way to make a turn-around. When we made the site visit, we had to back out. It looks like there is a little space there that you could do so.
Mr. Woodruff says that he drove a 4-door pickup truck for eight (8) years and he had a hard time making a turn-around. Most people come in and then go out the other side. If you have some recommendations he is happy to look at them. He further stated that it says three (3) bedrooms but that is really a stretch of what’s going on inside the house. It is an A-frame hunting cabin that has two (2) bedrooms downstairs and a loft. It is usually only one (1) or two (2) cars in the driveway. We don’t usually host any big groups. It has been a whole lot of bridal showers up there and he doesn’t believe the neighbors mind the parties that go on.
Mr. Wendling added that a letter was received from Blue Mountain POA and they have no objection to the request.
Mr. Stickley moved that the Planning Commission authorize the proposed Conditional Use Permit request for advertisement for a Public Hearing.
Ms. Smelser seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Page 28 of 37
Authorization to Advertise
Z2014-07-01 K.I.P., LLC and 2014-07-07 K.I.P. LLC
Ms. Logan stated that in the Planning Commission’s packets they have a request from K.I.P., LLC, to add Commercial Kennel as a use permitted by Conditional Use Permit in the Industrial (I) zoning district. This request is for Dogs for Defense to occupy K.I.P.’s existing building located at 280 Kelley Court. In conjunction with this request, the applicant has submitted a Conditional Use Permit application. The specifics of the application are discussed in the Conditional Use Permit Staff Report. The use is currently permitted by Conditional Use Permit in the Commercial and Agricultural Zoning District. (Ms. Logan shared information for both Staff Reports and then the motions for each will be done separately.) Specifically, the Conditional Use Permit request is for a commercial kennel for the training of dogs. Dogs for Defense International has proposed to lease, rent, or own Mr. Moyer’s building located in the Kelley Industrial Park, 280 Kelley Drive, as identified on tax map 12, as parcel 32A5A, and is approximately 6.87 acres in size. At this time, we have received a request from the owner of the property for a zoning text amendment as well. I have included a copy of a letter from Dogs for Defense in the packet. Their letter explains that kennels will be located in the building for the dogs to be boarded overnight during their time at training. The training of the dogs as explosives detection canines (EOC’s) requires approximately fourteen (14) weeks. They anticipate that approximately thirty-five (35) kennels will be in use during a calendar year. They are proposing to house explosives for the training of EOC’s at the facility. Ms. Logan spoke to the representative and he stated that it would be less than fifty (50) pounds; it is just to train for traces of explosives. She felt that was an accessory use to the training of the dogs. The applicant states that there will be twenty (20) full time employees. The applicant would need to meet the requirements of the County’s ordinance for commercial kennels, which includes a solid fence enclosure to house the dogs when they are outside the facility. Ms. Logan stated that she had spoken with the applicant and they had proposed some sound-proofing in the building, and she will let them speak more to that. The application was sent out for comments and no comments have been received back from the different agencies at this time. Ms. Logan will wait to read through any proposed conditions prior to the Public Hearing. Ms. Logan offered to answer any questions and stated that the applicants and owner of the property are here.
Michael Jenkins of 25644 Pleasant Valley Road in Chantilly, Virginia, represents SOC and Dogs for Defense International. Mr. Jenkins gave handouts to the Planning Commission. They propose building thirty (30) to thirty-five (35)
Page 29 of 37 kennels at 280 Kelley Court. As Ms. Logan stated, we train explosive detection canines for various government agencies and for many of them, we deploy them overseas to Afghanistan, Iraq and other places. These dogs specifically detect IEDs, suicide bombers, things of that nature. Basically, they save people’s lives. Any time that we go around and talk about putting kennels in neighborhoods (which this is not a neighborhood) people are concerned about noise. We are very familiar with this. If you actually look at the document that I created for you, there is a plan in the building that shows how we mitigate noise. The dogs are actually going to be inside the building. The kennels are all indoor kennels. These indoor kennels will be contained within a sound-proof room, and we actually have offices built next to them and training classes, so they can’t be loud. Otherwise, we wouldn’t be able to do our job. The other issue, normally, is the explosives. We use small traces of explosives to train these dogs. We’re talking grams. Now with the ATF, we are licensed through the ATF already, and we will apply for another license when we come down to this area. We will never house more than fifty (50) pounds of explosives and they are contained in an ATF regulated container, what we call an “R-Mat,” so that it can contain a blast of up to fifty (50) pounds, but we would never keep more than that as we’re mandated by the government not to do so. These would also be kept inside, under lock and key, with alarms and cameras, all that. If you have any questions, please let me know.
Chairman Rosen asked if training is done outside as well, then there could be a noise issue because you can’t sound-proof out there.
Mr. Jenkins stated that the dogs they utilize are not barking dogs. These are passive alerting dogs. These dogs sit and they sit still, they do not bark. When you’re searching for bombs, you don’t want dogs barking or causing any kind of ground disturbance. These dogs are taught to be quiet. Most of the work that we are going to do outside probably wouldn’t take place at that training center as there is not enough room around there. We actually have a bus and we take dogs out and expose them to many different environments. One of the key things to training an excellent dog is exposing them to every environment possible before they are sent down range so that they will be able to deal with these things. There will be a little bit of exercise yard time outside and a place for them to go to the bathroom. That is about it for this particular training center. Our open area searches and building searches will be done off campus. We will find a business around here or go in closer to Chantilly or Sterling, whoever we have already built associations with and these dogs will work.
Chairman Rosen shared that this is what the neighbors will say. It is an industrial park but there are other businesses out there. I’m sure you have some creative way to restrict noise. It’s kind of like the height of buildings where you
Page 30 of 37 put a balloon up and then people say that it’s not as bad as they thought it would be. The same would be applicable to what you do which would make it a whole lot easier for the neighbors and existing folks there.
Mr. Myers asked how they propose to dispose of dog waste.
Mr. Jenkins stated that they have always traditionally disposed of it in normal trash. You’d be surprised. It’s not as much as what everybody thinks. If we were at full capacity with 30-35 kennels (we probably would never have more than 30 dogs there; we keep extra kennels there on hand for dogs that are sick and we need to keep separate). Pretty much, you go through a 30-gallon trash can with 20 dogs and empty it maybe once a week. That goes in with our normal trash. All of the kennels have self-contained plumbing. You spray out the inside and remove the solids.
Mr. Myers said that due to the location here, he realizes you are keeping your explosives in a magazine and this type thing, but with the proximity of a gas- fired power plant, I’d like to get some comments from Virginia Power on this.
Ms. Logan stated she would send a comment request to Virginia Power. She has spoken with Rappahannock Electric and another adjoining property owner. She has sent a letter to the Town of Front Royal asking for comments and also VDOT. Everything at this site is already in compliance with VDOT.
Mr. Jenkins closed with stating they would love to do business here and hope to grow rather rapidly. He did have some conservative projected revenue estimates and they would run a significant amount of people through here. The important thing that he wants to leave the Board with is that this is not a boarding kennel. We’re not that. We’re not a puppy mill. You can’t come up to our facility and say you want to buy a dog. That’s not the way it works. We have good, solid government contract customers that come in and purchase our dogs and our complete services.
Mr. Stickley asked if the handlers and the staff that would be in the facility, are they pretty much there year-round or do you move people in and out at different locations for different reasons.
Mr. Jenkins stated that they will always have a permanent staff. They are starting out with approximately six (6) and moving upwards to twenty (20). They have peaks and valleys with the government agencies. You may bring in an influx of 40-50 trainers. We have our Director of Training coordination, Nick would be in charge of this particular training facility. Nick would live somewhere around here. When we did have class going on and a larger number
Page 31 of 37 of dogs, we would have someone staying at the facility 24 hours per day. It would be manned 24 hours per day. Another thing that is important to know is that once the handlers come in for pairing up, we do an initial 4 weeks of training called “imprint process.” That’s where we’re teaching the dogs to smell the explosives and be rewarded with food or a toy. Once they have completed the four-week imprint process, we bring in the veteran handlers that are getting ready to deploy overseas and they spend about 4 weeks with the dog. In the majority of those cases, the dog is going home with the handler to the hotel. We’ve already arranged this with the hotels around here. So the dogs won’t even be in the kennels any more. We want to get them associated to living with their handlers. These dogs perform very sensitive tasks. I can’t go into great detail, but they go into Minister’s houses and other places which require that they are housebroken. They cannot jump on people, they cannot bark, they cannot be rude. In the very early stages, we are teaching these dogs to be well- behaved dogs. We have no problem with the local hotels, they are all for this. Once again, there is no noise factor. We can actually send our dogs back with the handlers to live in the hotel with the guy, and we have no complaints and no issues.
Mr. Henry shared that there is a similar facility at ATF where he does the snow removal out there, and it is a pretty neat process to watch the training.
Mr. Jenkins stated that ATF is one of the largest government K-9 training facilities in the United States and it is here in your County. They have a very nice facility out there. I was there a couple of months ago. They store quite a bit more explosives than 50 pounds.
Chairman Rosen shared that Ferguson Enterprises’ warehouse is used for training. You see them out there quite often.
Mr. Jenkins stated that they intend to build great associations with the local community around here. People like to have dogs come in and search their businesses. Any place we go, we also open it up to local law enforcement. Local law enforcement is free to come out and train with us. We offer a lot of certificates for teaching them how to train dogs and also help if you have an existing K-9 program.
Chairman Rosen addressed the two items to approve. The first is the text amendment.
Mr. Stickley moved the Planning Commission authorize the proposed zoning text amendment for advertisement for a Public Hearing.
Page 32 of 37
Mr. Henry seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Chairman Rosen addressed the Conditional Use Permit.
Mr. Myers moved the Planning Commission authorize the proposed Conditional Use Permit request for advertisement for a Public Hearing.
Ms. Smelser seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Subdivision Variance Request
SV2014-07-01 Janet M. Noel
Ms. Logan stated the applicant, Janet Noel, is requesting a variance to Section 155-3(B) of the Warren County Subdivision Ordinance to allow the creation of two family subdivision lots to immediate family members within five (5) years of having held fee simple title to the property. On January 3, 2011, our office approved a family subdivision plat for this property. At that time, the property was owned by George Michaely (father of the applicant). The plat created two family lots, each 1.5 acres in size. The lots were created for two of his sons, James Michaely and Richard Michaely. The deeds were made for each lot and signed by all parties involved. However, neither the plat nor deeds were recorded by the father, so the lots were never legally created. Unfortunately, George Michaely, the father, passed away recently. The entire property was left in his will to his daughter, Janet Noel. She wishes to record the same plat and deeds executed by her father to give the lots to her brothers. Since the plat was never recorded, it has since expired by our subdivision ordinance and I cannot re-sign the plat in the father’s name since he is no longer the owner. For Ms. Noel to create the family division, she must own the property in her name for five years prior. The subject property is located at 1516 McCoy’s Ford Road in the Fork District, and is identified on tax map 27, parcel 28. The property is 102.217 +/- acres in size. At this time, Ms. Noel has owned the property since February 2014. She did state that one brother is ready to build on the lot and the other brother may want to build within the next 5 years. In the Staff Report, I have listed the conditions for granting a variance. Staff does feel this is a particular hardship to this owner. I don’t think we’ve ever seen one like this, honestly. The Planning Commission shall review the request and forward a recommendation to the Board of Supervisors which shall contain the reasons for which the variance
Page 33 of 37 should or should not be granted. The Planning Commission may hold a Public Hearing. The Board of Supervisors has to hold a Public Hearing. Ms. Logan recommends that a Public Hearing not be held at the Planning Commission level as the Board of Supervisors is required to have the Public Hearing. She feels that one Public Hearing is adequate in this case. The property is 102.217 +/- acres in size, and the proposal is for two (2) one-and-a-half (1.5) acre family lots. The subdivision plat that Ms. Logan had approved in 2011 is in your packet as well as the plats and deeds. We met with Blair Mitchell, County Attorney yesterday. We read through the Will with Mr. Mitchell and the conclusion was for the applicants to go through the subdivision variance process. Ms. Logan offered to answer any questions and stated that the applicants are here as well.
Janet Michaely Noel stated that her Papa didn’t really finish what he started, and she really doesn’t want her brothers to have to wait for five (5) years. These 2 brothers want to build and her Dad had put that in motion, but then he died. We’re asking you to consider this. Thank you.
Ms. Logan re-stated to Chairman Rosen that she did not recommend the Planning Commission to have a Public Hearing.
Mr. Whitten also stated that he feels this is the best solution as this was the intent.
Mr. Stickley stated that his first thought was that this was the intent of it.
Mr. Henry asked to make a statement. At one time he did some work on the property and he has to disclose that. It does not impact the way he is going to vote.
Ms. Logan shared that the work Mr. Henry did was under the prior owner of the property.
Mr. Stickley stated that finding the variance request meets the criteria required in Section 155-18, he moves that the Planning Commission recommend approval of the applicant’s request for a variance to Section 155-3(B) of the Warren County Subdivision Ordinance, definition of the term “subdivision” and recommend following any conditions by Staff.
Mr. Henry seconded the motion which passed on the following vote:
Ayes: Myers, Rosen, Stickley, Smelser, Henry
Page 34 of 37
Commission Matters:
Chairman Rosen asked Ms. Logan to introduce the intern from the University of Ohio (The Ohio State.) Josh Crump is interning with the Planning and Zoning Department, and with these fine folks. Welcome.
Ms. Logan stated that we are happy to have him.
None of the Planning Commission members had anything further to discuss.
Chairman Rosen asked Mr. Wendling when the sign is going to be taken down.
Mr. Whitten gave an update on the Barnett zoning violation and the Salahi appeal.
Chairman Rosen stated that there was a lot of information at the Board of Supervisors level that was not presented to the Planning Commission for the Salahi case.
Mr. Whitten stated that a lot more people came out and spoke against Mr. Salahi’s request.
Chairman Rosen stated he was not aware that they were having parties for 60 people up there.
Ms. Logan shared that on July 17th there is a Cardinals game with free admission for County employees. She has tickets to pass out for anyone who wants to come. We have a new GIS Coordinator starting in our department on July 28th. We are really excited about the new addition to our department. He has a lot of new ideas and he seems very enthusiastic. We are very excited about that. Our GIS website needs coordination. We are revamping it and we’re getting the software between Building Inspections and the Planning Department which is centered around GIS. I feel like this is going to be a great addition. Thanks to all that came out for the Jail ribbon-cutting. The power plant is starting “steam blows” at the end of this month. They are basically cleaning out their pipes as they can’t have a speck of dust or dirt in them. I think that is going to get a lot of attention from the neighborhood. We have provided a list to Dominion, and they are going to send out a flyer to the Rockland Community and the businesses around the area. She watched a video on it and met with them, and the biggest thing is going to be the steam that you are initially going to see…the steam looks like smoke but it is steam. It’s not black, it’s white and it’s just a lot of steam. She feels that people may feel it is on fire. There is a low rumble of noise, constantly. They are only going to be operating within the confines of the
Page 35 of 37
Conditional Use Permit which is until 7:00 pm. They are going to be presenting to the Board of Supervisors next week so she will get you a copy of that presentation. The Riverton Commons is trying to get an Urgent Care. They go in front of the Board next week for a modification of their Conditional Use Permit. Meanwhile, we are still working with Wal-Mart and Riverton Commons on the truck parking. Erick, Dan and I have a meeting tomorrow with Wal-Mart and Edens and Avant (the shopping center) to try and get the truck parking under control there. They are tearing up the shopping center.
Mr. Whitten shared that they are looking at overhead bars so that trucks can only come in the back entrance by Lowe’s, the delivery entrance. The first two entrances would have overhangs in so that trucks over a certain height can’t come in. The Sheriff’s Office has said that for trucks that still try to come in they would charge them under the State code for trespassing.
Ms. Logan stated that it is a condition on the Conditional Use Permit, so they are in violation of that. She has renderings for Aldi and she is working with them to get something that will match the shopping center. She has met with the Marriott architects and is trying to coordinate all of the building materials. With Urgent Care as well, she has already received a request from them.
Chairman Rosen inquired as to D.R. Horton.
Ms. Logan gave an update to the Commission.
Mr. Myers inquired about Wal-Mart and said he had seen where Wal-Marts are starting to get into the gas and oil business. He asked if anything had been heard out of this one as to whether or not they are thinking about it. He was thinking that if they were, that parking lot where trucks used to park that is blocked off with rocks, there beside the Cracker Barrel, would be a decent location for it.
Ms. Logan shared that there was a complete site plan for that area when they initially came, and then they decided to hold off. I think they have been calling all of our Staff recently. They are putting in about 150 gas stations in different Wal-Marts and are considering one here.
Mr. Stickley asked if that was Murphy Oil.
Mr. Myers stated it was Murphy U.S.A. It is their brand and he has seen that in other states.
Mr. Stickley stated that he did the road widening and the turn lanes to get into the one on 522, and they said that they used to be on the same property with
Page 36 of 37
Wal-Mart, but now they have been going on separate parcels, which is why they are located why they are, but they try to stay close to the Wal-Marts as much as they can.
Ms. Logan said they have talked about that site for many years but there is nothing definite at this time. The conversations have re-started.
Adjournment:
There being no further business before the Planning Commission, the meeting was adjourned at 9:24 pm.
______Doug Rosen, Chairman
Page 37 of 37