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[Call to Order ]
EVENING EVERYONE AND WELCOME TO THE BOARD OF SUPERVISORS, UM, MEETING DATED MAY 23RD, 2023.UM, IF EVERYONE WOULD, UM, PLEASE HAVE A MOMENT OF SILENCE BEFORE WE BEGIN OUR, UM, OUR MEETING.
YOU WANNA CALL THIS MEETING TO ORDER? UH, YOU PLEASE.
SO WE CAN DO THE PLEDGE OF THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IS SAMS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[B. Adoption of Agenda]
UH, ON OUR AGENDA IS TO ADOPT THE AGENDA.DOES ANYBODY HAVE ANY ADDITIONS OR DELETIONS? UH, YES.
I WOULD LIKE TO ADD THE ADDITION OF THE CONDITIONAL USE PERMIT.
WARREN COUNTY FAIR ASSOCIATION'S MOTOR FREIGHT TERMINAL.
UM, IS THERE A MOTION TO ACCEPT THAT HAS BEEN, THAT HAS BEEN ADVERTISED MA'AM? YES IT HAS.
SO WHAT WE'RE GONNA BE DOING IS THIS GONNA BE UM, ITEM I ON OUR AGENDA? SO DO WE HAVE A SECOND? SECOND.
REMOVE IT ON TO THE PUBLIC HEARING.
I'M JUST GOING TO, UH, READ OUR GUIDELINES AGAIN.
UH, THE PUBLIC HEARING IS AN OPPORTUNITY FOR THE PUBLIC TO DISCUSS THE MATTER THAT IS BEFORE THE BOARD FOR ACTION.
A PUBLIC HEARING IS NOT A DEBATE.
ALL COMMENTS WILL BE DIRECTED TO THE BOARD OF SUPERVISORS AND NOT TO THE AUDIENCE.
THE SPEAKERS WILL HAVE THREE MINUTES TO SPEAK.
PLEASE BE CONSIDERATE OF YOUR FELLOW SPEAKERS.
THERE SHOULD BE NO APPLAUSE, BOOING OR OTHER LOUD DES DISRUPT DISRUPTIONS TO THESE PROCEEDINGS.
POSTERS AND OTHER MEANS OF VI VISUAL DISPLAY OF COMMENTS ARE NOT PERMITTED IN THE BOARDROOM.
THE BOARD WILL NOT TOLERATE PERSONAL ATTACKS BY ANYONE ON ANY OF THE PARTICIPANTS IN THESE PROCEEDINGS.
ANYONE WHO VIOLATES THE GUIDELINES OF THE PUBLIC HEARING MAY BE ASKED TO LEAVE THE MEETING.
[C. Public Hearing - Lease with Shenandoah Area Agency on Aging, Inc.]
ALL THAT BEING SAID, WE'LL GO AHEAD AND START OUR FIRST UM, PUBLIC HEARING.IT'S THE LEASE WITH THE SHENANDOAH AREA AGENCY ON AGING INC.
UM, THE COUNTY HAS HAD A LEASE WITH THE SHENANDOAH AREA AGENCY ON AGING, UM, FOR THE LAST SIX YEARS.
THAT LEASE IS SET TO EXPIRE, UH, JUNE 30TH.
UM, THEY HAVE LEASED THE COUNTY OWNED BUILDING LOCATED AT 1217 COMMONWEALTH AVENUE, WHICH IS ALSO KNOWN AS THE SENIOR CENTER SINCE REALLY MAY OF 20 2001 WHEN THE LEASE WAS EXECUTED IT, THE LAST LEASE WAS EXECUTED, IT WAS ANTICIPATED THAT THE UM, S TRIPLE A WOULD MOVE TO THE HEALTH AND HUMAN SERVICES COMPLEX.
ONCE IMPROVEMENTS WERE COMPLETED, THOSE IMPROVEMENTS ARE NOW COMPLETED AND SO THEY WOULD LIKE TO LEASE THAT PORTION, A SPECIFIC PORTION OF THE HEALTH AND HUMAN SERVICES COMPLEX.
THE COUNTY DOES NOT OWN THAT BUILDING.
IT IS OWNED BY THE WARREN COUNTY SCHOOL BOARD, BUT WHEN WE LEASE THAT BUILDING FROM THE SCHOOL BOARD, IT WAS ANTICIPATED THAT WE WOULD LEASE A PORTION OF THE BUILDING TO THE S TRIPLE A.
UM, SO THE LEASE THAT IS BEING PROPOSED TONIGHT WOULD BE FOR A TERM OF FIVE YEARS BEGINNING JULY ONE, I'M SORRY, JUNE 1ST, 2023 AND ENDING ON MAY 30TH, 2028.
UM, THE PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
UM, I DON'T KNOW IF THE APPLICANT IS HERE.
UH, IS THERE ANYBODY ON THE BOARD THAT HAS ANY QUESTIONS OR COMMENTS? NOPE.
IS THERE ANYBODY SIGNED UP TO SPEAK? NO MA'AM.
IS THERE ANYONE IN THE AUDIENCE WHO WOULD LIKE TO COME AND SPEAK AND SECOND INVITATION? FINAL CALL.
THE BOARD OF SUPERVISORS APPROVE AND AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE FOR A
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DESIGNATED AREA OF THE HEALTH AND HUMAN SERVICES COMPLEX WITH THE SHANDOR AREA AGENCY ON AGENT INCORPORATED FOR A PERIOD OF FIVE YEARS, BEGINNING JUNE 1ST, 2023 TO MAY 30TH, 2028.DO WE HAVE A SECOND? SECOND ROLL CALL PLEASE.
[D. Public Hearing - Proposed Amendment to Warren County Code §172-2 "Designation of Certain Private Roads as Highways" to include Blue Ridge Shadows]
NEXT PUBLIC HEARING IS A PROPOSED AMENDMENT TO THE WARREN COUNTY CODE 1 72 DASH TWO DESTINATION OF CERTAIN PRIVATE ROADS AS HIGHWAYS TO INCLUDE BRIDGE BLUE RIDGE SHADOWS.UM, LIEUTENANT SALE OF THE WARREN COUNTY SHERIFF'S OFFICE RECEIVED A LETTER FROM MR. KERSEY WHO IS THE PRESIDENT OF THE BLUE RIDGE SHADOWS HOMEOWNERS ASSOCIATION, UH, REQUESTING THAT THE PRIVATE ROADS WITHIN THEIR SUBDIVISION BE DESIGNATED AS HIGHWAYS FOR LAW ENFORCEMENT PURPOSES.
ON MARCH 17TH, UH, SHERIFF BUTLER SUBMITTED A LETTER TO MY OFFICE SAYING THAT HE WAS IN AGREEMENT WITH THAT BOTH LETTERS WERE PROVIDED TO YOU FOR YOUR REVIEW.
VIRGINIA CODE SECTION 46.2 DASH 1307 0.1 DOES PERMIT THE BOARD OF SUPERVISORS TO ADOPT AN ORDINANCE DESIGNATING PRIVATE ROADS WITHIN ANY RESIDENTIAL DEVELOPMENT CONTAINING 50 OR MORE LOTS AS HIGHWAYS FOR LAW ENFORCEMENT PURPOSES.
BLUE RIDGE SHADOWS CONTAINS 233 LOTS AND CAN BE LISTED SPECIFICALLY IN WARREN COUNTY ORDINANCE 1 72 DASH TWO.
UM, THE PROPOSED AMENDMENT HAS BEEN PROVIDED TO YOU FOR YOUR REVIEW AND THIS HEARING HAS BEEN PROPERLY ADVERTISED.
I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
SO IS THERE ANYBODY, ANY COMMENTS FROM THE BOARD? ANY QUESTIONS? IS THERE ANY ANYBODY WHO HAVE SIGNED UP TO SPEAK? UH, YES MA'AM.
K I LIVE AT 1 56 FLAGSTICK COURT.
FRONT ROYAL, UH, BLUE SHADOWS, ALL OF OUR ROADS WILL BE VDOT ROADS.
ONCE UH, HORTON GETS OFF BOND, UH, THEY'RE FIVE YEARS INTO THEIR BOND RELEASE.
WE HAVE NO IDEA HOW MUCH LONGER IT'S GONNA BE.
SHADOWS DRIVE IS THE ONLY, UH, PUBLIC ROAD THAT'S IN THERE, BUT THAT'S EVENTUALLY THESE WILL BE UH, VDOT ROADS.
IS THERE ANYBODY ELSE SIGNED UP TO SPEAK? NO MA'AM.
IS THERE ANYONE IN THE AUDIENCE WHO WOULD LIKE TO COME AND SPEAK? SECOND INVITATION LAST AND FINAL CALL.
SO DO I HAVE A MOTION? I MOVE THE BOARD OF SUPERVISORS APPROVE THE AMENDMENT TO SECTION 1 72 DASH TWO OF THE WARREN COUNTY CODE TO INCLUDE BLUE RIDGE SHADOWS.
AYE MADAM CHAIR? AYE MRS. COLORS? AYE MR. BUTLER? AYE.
[E. Public Hearing - Conditional Use Permit 2023-03-01, Shelly Cook for a Short-Term Tourist Rental Located at 0 Lee Burke Road and Identified on Tax Map 27E, Section 7, as Parcel 3]
OUR AGENDA IS THE CONDITIONAL USE PERMIT.20 20 20 23 DASH THREE DASH OH ONE SHELLY COOK FOR A SHORT TERM TOURIST RENTAL LOCATED AT ZERO LEE BRICK ROAD AND IDENTIFIED ON TAX MAP 27 E SECTION SEVEN AS PARCEL THREE.
MR I'M TRYING TO GET THE NAME MR. LINZ
THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TORRES RENTAL FOR THE PROPERTY SHE PURCHASED IN DECEMBER OF 2015.
SUBJECT PROPERTY IS CURRENTLY UNDER DEVELOPMENT AND IS ACCESSED BY A PRIVATE ACCESS EASEMENT THROUGH THE ADJACENT 42.9143 ACRE PARCEL ALSO OWNED BY THE APPLICANT.
THE OWNER IS CONSTRUCTING A SINGLE FAMILY DWELLING ON THE PROPERTY TO BE USED AS A HONEYMOON SUITE FOR HER RURAL EVENTS FACILITY APPROVED FOR HER ADJACENT PARCEL ZONED AGRICULTURAL.
THE APPLICANT WILL MANAGE THE PROPERTY PERSONALLY AS PART OF THE MANAGEMENT OF THE RURAL EVENTS FACILITY ON THE ADJACENT PARCEL WITH ASSISTANCE FROM LOCAL PROFESSIONAL SERVICES FOR TRASH DISPOSAL CLEANING, LANDSCAPING AND MAINTENANCE JUST TO CLARIFY, THIS IS NOT ONE OF THE LODGING UNITS FOR HER RELEVANCE FACILITY.
THIS IS A SEPARATE PARCEL ZONED RESIDENTIAL ONE AND THEREFORE IT IS SEPARATELY PERMITTED.
THERE IS A HEALTH DEPARTMENT CONSTRUCTION PERMIT ON FILE APPROVING A MAXIMUM OF FOUR OCCUPANTS FOR THE TWO BEDROOM DWELLING AND IT DOES MEET THE SETBACK REQUIREMENT TO ADJACENT SINGLE FAMILY DWELLINGS.
UH, THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL WITH THE FOLLOWING CONDITIONS.
NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, WARREN COUNTY BUILDING INSPECTIONS
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AND VIRGINIA STATEWIDE FIRE PREVENTION CODE REGULATIONS AND REQUIREMENTS.NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED FOUR AS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT PERMIT FOR A TWO BEDROOM CABIN.
NUMBER THREE, THE APPLICANT SHALL HAVE THE WELL WATER TESTED ANNUALLY FOR E COLI AND COLIFORM BACTERIA AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.
NUMBER FOUR, THE APPLICANT SHALL HAVE THE ALTERNATIVE ONSITE SEWAGE SYSTEM INSPECTED AND MAINTAINED ANNUALLY BY A LICENSED ALTERNATIVE ONSITE SEWAGE SYSTEM OPERATOR AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.
NUMBER FIVE, THE DISCHARGE OF FIREARMS AND HUNTING ON THE PROPERTY BY GUESTS SHALL BE PROHIBITED.
NUMBER SIX, THE USE OF ALTERIAN VEHICLES BY GUESTS ON THE PROPERTY AND ON STATE COUNTY AND SUBDIVISION ROADS SHALL BE PROHIBITED.
AND NUMBER SEVEN, OUTDOOR BURNING AND USE OF FIREWORKS BY GUESTS SHALL BE PROHIBITED.
THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
ADJACENT PROPERTY OWNER IS NOTIFIED, THE APPLICANT IS HERE.
I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
DOES THE APPLICANT WANNA COME AND SPEAK? NO.
I'M AT 65 LEE BURKE ROAD, UM, FRONT ROYAL AND I JUST WANTED TO COME UP AND SAY THIS, THIS JUST AS CHASE HAD SAID, THIS PROPERTY IS UM, ADJACENT TO NOT ONLY THE RURAL EVENT CENTER BUT THE VINEYARD THAT I'M DOING.
AND SO IT'S ESSENTIALLY JUST ANOTHER LODGING UNIT THAT WILL BE USED BY THE BRIDE WHEN SHE'S GETTING READY FOR HER BIG DAY.
AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
UM, BUT IT, THE SHORT TERM RENTAL WAS WHAT WORKED WITH THE C U P.
DO WE HAVE ANYBODY SIGNED UP TO SPEAK? NO MA'AM.
IS THERE ANYONE IN THE AUDIENCE WHO'D LIKE TO COME FORWARD TO SPEAK? SECOND INVITATION LAST AND FINAL CALL.
IS THERE ANY QUESTIONS FROM THE BOARD? DO WE HAVE A MOTION? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF SHELLY COOK FOR A SHORT-TERM TOURIST RENTAL WITH THE CONDITIONS IS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.
[F. Public Hearing - Conditional Use Permit 2023-03-03, David Cressell for Gunsmithing Services Located at 275 Gary Lane and Identified on Tax Map 15D, Section 2, Block 5, as Parcel 206]
NEXT PUBLIC HEARING IS THE, UH, CONDITIONAL USE PERMIT 2023 DASH OH THREE DASH OH THREE.UH, DAVID CHRISTEL FOR GUNSMITHING SERVICES LOCATED AT 2 75 GARY LANE AND IDENTIFIED ON TAX MAT 15 D SECTION TWO BLOCK FIVE AS PARCEL 2 0 6.
THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR GUNSMITHING SERVICES IN THE RESIDENTIAL ONE ZONING DISTRICT.
THE PROPERTY IS LOCATED AT 2 75 GARY LANE IN THE SHENDO FARM SUBDIVISION R RIVERVIEW SECTION WITHIN THE SHENANDOAH MAGISTERIAL DISTRICT.
WARREN COUNTY CODE SECTION 180 DASH EIGHT C DEFINES GUNSMITHING SERVICES AS A COMMERCIAL ENTERPRISE ACTIVITY OR PROFESSION WHERE A GUNSMITH PERFORMS REPAIRS, RENOVATIONS, SAFETY INSPECTIONS, MODIFICATIONS, ALTERATIONS FOR SPECIAL USES AND APPRAISALS OF FIREARMS. THE SALE OF FIREARMS IS PERMITTED WITH LO PROPER LOCAL, STATE AND FEDERAL LICENSING AND REGULATIONS.
GUNSMITHING SERVICES SHALL NOT BE DEEMED AS A HOME OCCUPATION OR A HOME ENTERPRISE.
UH, GIVEN THE STATE AND FEDERAL REGULATIONS RELATED TO FIREARM SERVICES IS NOT CONSIDERED A HOME OCCUPATION.
HOWEVER, THE SUPPLEMENTAL REGULATIONS AND CONDITIONS ARE CONSISTENT WITH THOSE OF HOME OCCUPATION TO PRESERVE THE CHARACTER OF A RESIDENTIAL NEIGHBORHOOD BY REQUIRING NO CHANGE IN THE OUTSIDE APPEARANCE OF THE BUILDING OR PREMISES OR OTHER VISIBLE EVIDENCE FROM THE CONDUCT OF SUCH ACTIVITY PER WARREN COUNTY CODE SECTION 1 77 DASH THREE A 11, THE SHOOTING OF FIREARMS IN THE SHENANDOAH FIREARMS SUBDIVISION IS PROHIBITED AND SO ALL TEST FIRING WILL BE CONDUCTED OFFSITE.
NO DISCHARGE OF FIREARMS ASSOCIATED WITH THE GUNSMITHING SERVICES OPERATION SHALL OCCUR ON THE PROPERTY.
UH, AND THE APPLICANT HAS SUBMITTED A REQUEST, UH, FOR A MONDAY THROUGH FRIDAY, 9:00 AM TO 5:00 PM HOURS OF OPERATION AND THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL FOR THIS APPLICATION WITH THE FOLLOWING CONDITIONS.
NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, WARREN COUNTY BUILDING INSPECTIONS AND VIRGINIA STATEWIDE FIRE PREVENTION CODE REGULATIONS AND REQUIREMENTS.
NUMBER TWO, THE APPLICANT SHALL OBTAIN ALL LOCAL, STATE AND FEDERAL LICENSING AND PERMITS PERMITS TO OPERATE COMMERCIAL GUNSMITHING SERVICES.
NUMBER THREE, THERE SHALL BE NO DISCHARGE OR SHOOTING OF FIREARMS ON THE PROPERTY ASSOCIATED WITH THE GUNSMITHING SERVICES.
NUMBER FOUR, APPOINTMENTS FOR CUSTOMERS SHALL BE PERMITTED DURING THE HOURS OF 9:00 AM TO 5:00 PM MONDAY THROUGH FRIDAY.
ONLY ONE CUSTOMER AT ANY GIVEN TIME AND OFF-STREET
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PARKING SHALL BE PROVIDED.NUMBER FIVE, NATURAL VEGETATION BUFFER BETWEEN NEIGHBORING PARCELS SHALL REMAIN INTACT AND REPLACE WHEN NECESSARY.
AND NUMBER SIX, THE APPLICANT SHALL GIVE PLANNING STAFF WRITTEN CONSENT TO INSPECT THE PROPERTY AND BUILDING USED FOR THE GUNSMITHING SERVICES OPERATION TO ASCERTAIN COMPLIANCE WITH THE SUPPLEMENTARY REGULATIONS FOR GUNSMITHING SERVICES PER WARREN COUNTY CODE SECTION 180 DASH 47.1 AND CONDITIONAL USE PERMIT CONDITIONS.
UPON A 24 HOUR NOTICE, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED AND THE APPLICANT IS HERE.
BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
DOES THE APPLICANT LIKE TO COME AND SPEAK? NO.
DO WE HAVE ANYBODY HERE THAT HADN'T SIGNED UP? NO MA'AM.
IS THERE ANYBODY IN THE AUDIENCE WHO'D LIKE TO COME AND SPEAK IN SECOND INVITATION? LAST AND FINAL CALL.
PROBABLY HEARING IS NOW CLOSE.
IS THERE ANY OTHER COMMENTS THAT THE BOARD HAS? NO.
DO WE HAVE A MOTION CHAIR? I BELIEVE THE BOARD SUPERVISOR COMMISSION REQUEST COMMISSION THE PLANNING COMMISSION AND STAFF SECOND ROLL CALL PLEASE.
[G. Public Hearing - Conditional Use Permit 2023-03-04, Michaun Pierre for a Short-term Tourist Rental Located at 726 Harmony Orchard Road and identified on Tax Map 38C, Section 1, as Parcel 6]
ITEM IS THE CONDITIONAL USE PERMIT 2023 DASH OH THREE DASH OH FOUR.UM, I HOPE I SAY THIS CORRECTLY.
MSAN PIERRE, UM, FOR A SHORT TERM JURORS RENTAL LOCATED AT 7 26 HARMONY ORCHARD ROAD AND IDENTIFIED ON TAX MAP 38 C SECTION ONE AS PARCEL SIX.
GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE BOARD.
UM, THE APPLICANT RECENTLY PURCHASED THE PROPERTY IN JANUARY OF 2023.
SHE HAD STATED IN HER, UH, STATEMENT OF JUSTIFICATION THAT HER FAMILY LIVES IN THE NEIGHBORING RAPPAHANNOCK COUNTY AND SHE WANTED TO MOVE BACK TO THE SHENANDOAH VALLEY AND OWN PROPERTY HERE.
SHE STATES THAT HER CURRENT WORK AND FAMILY SITUATION REQUIRES HER TO BE TRANSIENT SO SHE DOESN'T STAY AT THE PROPERTY FULL-TIME BUT WOULD LIKE TO RENT IT WHEN SHE'S NOT STAYING THERE.
UH, THE RENTAL OF THE PROPERTY WOULD ASSIST HER WITH, UH, COST FOR MAINTENANCE, TAXES AND INSURANCE.
UM, SHE PLANS TO SETTLE THERE IN THE FUTURE WHEN HER LIFE IS LESS TRANSIENT.
SHE STATED THAT SHE WILL MANAGE THE RENTALS REMOTELY, BUT HIRE A HI, A LOCAL HANDYMAN OR PROPERTY MANAGEMENT COMPANY TO HANDLE CLEANING AND MAINTENANCE AND WILL BE AVAILABLE FOR EMERGENCIES AND GENERAL PROPERTY ISSUES.
SHE HAS SUBMITTED A PROPERTY MANAGEMENT PLAN FOR REVIEW BY COUNTY STAFF.
UH, THE PROPERTY DOES MEET THE REQUIRED SETBACKS.
IT'S 345 FEET TO THE, UH, NEAREST PROPERTY TO THE NORTHEAST.
UM, WE SUBMITTED, UH, UH, REQUEST FOR COMMENTS FROM, UM, THE PROPERTY OWNER'S ASSOCIATION, BUT WE DIDN'T RE RECEIVE ANYTHING BACK.
UM, WE DID RECEIVE ONE, UH, LETTER FROM A ADJACENT PROPERTY OWNER WITH SOME CONCERNS REGARDING, UH, ONE WAS A WALL THAT, UH, HE FELT WAS, UM, UH, SUBJECT TO, UH, DETERIORATION AND IT WAS A, A RETAINING WALL.
SO HE HAD SOME CONCERNS RE RELATING TO THAT, UH, FOR ROCKS THAT MIGHT COME INTO HIS YARD.
ALSO, UM, POTENTIAL SEPTIC SYSTEM ISSUES FOR SEPTIC SYSTEM THAT, UH, HE HAD NOT SEEN SERVICED IN A WHILE.
AND THEN ALSO OUTDOOR BURNING BECAUSE, UH, THE PROPERTY AND THE ADJACENT PROPERTIES ARE, ARE, UH, WOODED SIGNIFICANTLY.
UH, AND HE MENTIONED SOMETHING ABOUT A FIRE PIT IN HER YARD THAT WAS NOT BUILT, UH, SAFELY.
SO, UM, THAT IS ALL WE'VE RECEIVED.
UM, STAFF IS RECOMMENDING THE STANDARD CONDITIONS THAT WE HAVE FOR SHORT-TERM TOURIST RENTALS WITH NUMBER TWO BEING THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED SIX PERSON OCCUPANCY IS DETERMINED ACCORDING TO THE HEALTH DEPARTMENT OPERATIONAL PERMIT FOR A CONVENTIONAL SEPTIC SYSTEM FOR A THREE BEDROOM SINGLE FAMILY DWELLING.
UH, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
ADJACENT PROPERTY OWNERS HAVE BEEN NOTIFIED.
THE APPLICANT IS HERE THIS EVENING AND I'D BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
WOULD THE APPLICANT LIKE TO COME FORWARD AND SPEAK? YES.
HELLO, MY NAME'S SHAUN PIERRE.
I'M AT 7 26 HARMONY ORCHARD ROAD IN FRONT ROYAL.
AND UM, I MENTIONED THIS AT THE LAST HEARING, BUT JUST TO, UM, LIKE REITERATE FROM THE POINTS MENTIONED IN THE LETTER, UM, FOR THE RETAINING WALL, UM, IT HAS WEEPING HOLES AND IT WAS INSPECTED BY THE HOME INSPECTORS THAT EVERYTHING WAS SOUND,
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UM, FOR OUTDOOR BURNING.UM, THERE'S CURRENTLY NO FIRE PIT ON THE PROPERTY.
I'M NOT SURE UM, WHY HE MENTIONED THAT.
UM, BUT I PLAN TO, UM, FOLLOW THE REGULATIONS AND HAVE EITHER PROPANE OR SOMETHING ELECTRIC, SO NO OUTDOOR BURNING.
UM, AND THEN THE SEPTIC SYSTEM WAS COMPLETELY REPLACED IN FEBRUARY AND I BELIEVE THAT WAS IT.
I THINK THAT WAS IT ADDRESSED IN THE LETTER AND THEN ALSO I THINK, UM, YOU MENTIONED THREE BEDROOMS, BUT IT'S FOUR, UH, FOUR BEDROOM HOME AND THE HEALTH DEPARTMENT SENT US A LETTER STATING IT WAS THREE BEDROOM.
BUT UM, YEAH, THAT'S ALL I HAVE, SO THANK YOU.
DOES THE BOARD HAVE ANY QUESTIONS OR COMMENTS? NO.
HAS ANYBODY SIGNED UP TO SPEAK? NO MA'AM.
IS THERE ANYBODY IN THE AUDIENCE WHO'D LIKE TO COME UP AND SPEAK? THE SECOND INVITATION? LAST AND FINAL CALL.
DO WE HAVE A MOTION? ADAM? CHAIR? I'VE MOVED THAT THE BOARD OF SUPERVISOR APPROVE THE CONDITIONAL USE PERMIT BLESS OF LAPIERRE FOR THE SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.
SECOND ROLL CALL PLEASE, MR. BUTLER.
MADAME CHAIR? AYE MRS. OATS? AYE.
[H. Public Hearing - Subdivision Variance #2023-03-01, Erica Baker - for a subdivision variance to Warren County Code 155-3.B(1)(b) of the Subdivision Ordinance, Located at 64 Tara Road, identified on Tax Map 15 as parcel 2C2]
TO OUR NEXT PUBLIC HEARING, A SUBDIVISION VARIANCE 2023 DASH OH THREE DASH OH ONE ERICA BAKER FOR A SUBDIVISION VER VARIANCE TO THE WARREN COUNTY CODE 1 55 DASH THREE B ONE B OF THE SUBDIVISION ORDINANCE LOCATED AT 64 TARA ROAD.IDENTIFY ON TAX MAP 15 AS PARCEL TWO C TWO MR. WELDING.
UH, YES, THE APPLICANT IS REQUESTING THIS VARIANCE, UH, TO VOLUNTARILY TRAN TO ALLOW THE VOLUNTARY TRANSFER OF A PROPOSED SUBDIVIDED LOT TO AN IMMEDIATE FAMILY MEMBER WITHIN THE REQUIRED FIVE YEAR OF HAVING THE FEE SIMPLE TITLE TO THE PROPERTY.
THE APPLICANT ACQUIRE THE PROPERTY UPON THE DEATH OF HER FATHER IN JANUARY 6TH, 2022.
HER SIBLINGS, ALYSSA BARTON AND ROGER SMITH WERE INCLUDED IN THE WILL AND THE FAMILY WANTS TO BOUNDARY ADJUST THE PROPERTY LINES AND CREATE A FAMILY SUBDIVISION TO ALLOW FOR SEPARATE PARCELS FOR EACH OF THE FAMILY MEMBERS, WHICH WAS SOMETHING HER FATHER MENTIONED IN THE WILL, UH, THE RIVERFRONT PROPERTY, WHICH, WHICH IS THE RESIDUAL LOT WOULD BE HELD IN JOINT OWNERSHIP BY THE THREE OF THEM.
THE FATHER DESIGNATED THIS IN HIS WILL AND THAT EACH OF HIS DAUGHTERS RECEIVE A THREE ACRE PARCEL.
MR. SMITH HI, HIS SON CURRENTLY OWNS A SEPARATE PARCEL THAT WOULD BE BOUNDARY ADJUSTED WITH THE OTHER LOT.
THEY HAVE ENTERED THE PROPERTY FOR A LITTLE MORE THAN A YEAR, UM, WHEN IT BECAME, UH, UNDER THEIR OWNERSHIP AFTER THE DEATH OF THEIR FATHER AND WOULD LIKE TO SUBMIT THE APPLICATION FOREST FAMILY SUBDIVISION AND ARE WILLING TO HAVE A CONDITION REQUIRED THAT THEY RETAIN THE OWNERSHIP FOR NINE YEARS IN LIEU OF THE FIVE REQUIRED BY THE SUBDIVISION ORDINANCE.
STAFFORD RECOMMEND THAT IF PLANNING COMMISSION AND THE BOARD APPROVE THE REQUEST, THE CONDITION BE PLACED ON THE SUBDIVISION PLAT, THAT THE LOT MAY NOT BE VOLUNTARILY TRANSFERRED TO A NON IMMEDIATE FAMILY MEMBER FOR AT LEAST NINE YEARS AFTER APPROVAL OF THE FAMILY SUBDIVISION PLAT.
IN LIEU OF THE REQUIRED FIVE YEARS, THIS WOULD MAKE THE TIMEFRAME APPROXIMATELY 10 YEARS AND CONCURRENT WITH THE ORDINANCE REQUIREMENT OF FIVE YEARS TO SUBDIVIDE AND FIVE YEARS TO TRANSFER OUTSIDE THE FAMILY.
UM, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.
ADJACENT PROPERTY OWNERS ARE NOTIFIED.
THE FAMILY IS HERE THIS EVENING.
IF YOU'D, UH, LIKE TO ASK THEM ANY QUESTIONS, I'D BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT.
DOES THE APPLICANT LIKE TO COME AND SPEAK? GOOD EVENING.
UM, I THINK MR. WENLING HAS PRETTY MUCH EXPLAINED.
UM, MS. BAKER, CAN YOU IDENTIFY YOURSELF WITH YOUR ADDRESS JUST FOR THE RECORD PLEASE? ERICA BAKER, 64 TERRA ROAD.
UM, I AM CURRENTLY LIVING ON THE PROPERTY WITH MY HUSBAND.
UM, WE'RE JUST WANTING TO BUILD OUR HOUSE
UM, SO NOTHING REALLY CHANGES WITH WHERE I LIVE EXCEPT ROBBIE ON TOP OF THE HILL.
UM, IT'S JUST BEEN MY DAD'S GOAL FOR ALL OF US TO HAVE OUR OWN PLACE.
DOES THE BOARD HAVE ANY QUESTIONS THERE? ANY COMMENTS?
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UH, UH, MADAM CHAIR, I'D ASKED, UH, UH, MR. WENLING, YOU KNOW, BEFOREHAND, UH, IF THERE WAS, IF THERE WAS ANY, YOU KNOW, UH, IF THERE WAS ANY, EVER ANY THOUGHT ABOUT PUTTING IN, IN THE ORDINANCE THAT IN THE CASE OF A, YOU KNOW, A FAMILY INHERITANCE, THAT THE, THAT THOSE TIMELINES WOULD BE, UH, WAIVED.THAT, THAT WOULD MAKE SENSE, THAT COULD BE DONE.
UM, I, I REMEMBER JUST ACTUALLY TWO OTHERS WHERE SIMILAR SITUATIONS.
ONE WAS A A, A DEATH AND A FAMILY PROPERTY OWNER HAD ACTUALLY HAD THE FAMILY SUBDIVISION APPROVED BY COUNTY STAFF AND REVIEWED AND EVERYTHING.
HE JUST DID NOT HAVE IT RECORDED AND THEN HE DIED.
AND SO THE FAMILY WAS KIND OF STUCK WITH, WITH THAT AND THEY WERE TRYING TO SETTLE AS A ESTATE AND WHATNOT.
SO, UH, WE WERE ABLE TO WORK THAT OUT AND BROUGHT 'EM THROUGH AS A SUBDIVISION VARIANCE.
THE OTHER TIME WASN'T RELATED TO A DEATH, IT WAS JUST MORE OF A CONVENIENCE FACTOR FOR THE PROPERTY OWNER BECAUSE IT WAS A BROTHER AND, UH, SISTER AND BROTHER-IN-LAW THAT WERE LOOKING FOR HOUSING BASICALLY.
AND THEY WANTED TO BE ABLE TO SUBDIVIDE NOT ONLY, UH, LESS THAN 10 ACRES, UM, BUT ALSO WITHIN THAT FIVE YEAR TIME PERIOD, UM, THE BOARD OF ZONING APPEALS DID NOT GRANT THEM THAT VARIANCE FOR THE LESS THAN 10 ACRES, BUT THEY WERE GRANTED, UH, SUBDIVISION VARIANCE FOR LESS THAN FIVE YEARS.
SO THEY WERE ABLE TO SUBDIVIDE A FAMILY LOT OF 10 ACRES AND, AND RECEIVE THAT IN, IN THE TIME I'VE WORKED HERE, I I CAN'T REMEMBER ANY OTHERS.
UM, THERE, I, I CAN'T REMEMBER ANY OTHERS THAT IT WAS, UH, RELATED TO A DEATH IN THE FAMILY.
SO THE BOARD HAS APPROVED OTHER FAMILY SUBDIVISIONS, HOWEVER, AND HAS WAIVED THE SUBDIVISION RULES.
THERE WAS ONE OTHER, AGAIN, THAT, THAT WAS RELATED TO A DEATH IN THE FAMILY THAN IT WAS.
UH, AND, AND YEAH, AT TIMES THEY HAVE WAIVED THAT.
UM, TYPICALLY IT'S JUST WE WOULD ADD THAT ADDITIONAL AMOUNT OF TIME, UH, ONTO IT SO THAT THAT 10 YEAR WINDOW OF OWNERSHIP WITHIN THAT FAMILY IS, IS, UH, MET.
UH, AND I'LL SAY IN THE SPIRIT OF THE ORDINANCE, DOES THE BOARD WANT TO FURTHER LOOK INTO MR. BUTLER'S RECOMMENDATION OF REVISING THE ORDINANCE? WE CAN PUT THIS UP LIKE ON A WORKING SESSION TOPIC OR, WELL, I'D JUST LIKE TO FIND OUT IF, UH, IF MR. WENLING THINKS THAT IT'S, IT'S, UH, IF, UH, JUICE IS WORTH THE SQUEEZE BECAUSE THE, UH, YOU KNOW THAT IF IT'S JUST A, YOU KNOW, A A A ONE OFF JUST MM-HMM.
THAT, THAT'S ABOUT ONE HAS BEEN, I THINK THE LAST TIME WAS ABOUT SEVEN OR EIGHT YEARS AGO.
WE DON'T GET SUBDIVISION VARIANCES VERY OFTEN, MAYBE ONCE A YEAR EVERY ONCE EVERY OTHER YEAR.
SO, UM, WE, WE CAN LOOK AT THE, WHEN WE GET INTO THE COMP PLAN AT SOME POINT IN TIME AND WE LOOK AT POTENTIAL FOR FAMILY SUBDIVISION CHANGES THERE, WE CAN MAYBE LOOK AT THE ORDINANCE AT THAT TIME.
WE USUALLY ONLY GET THOSE WHEN THEY'RE BUILDING CAR WASHES.
NO, IT'S GOING BEHIND JAY BUTLER'S HOUSE.
SO, OH, SO DO WE HAVE ANYONE HAVE SIGNED UP TO SPEAK? NO MA'AM.
IS THERE ANYONE, THE AUDIO AUDIENCE THAT WOULD LIKE TO COME UP AND SPEAK THEIR SECOND INVITATION? LAST AND FINAL CALL PUBLIC HEARING IS NOW CLOSED.
IS THERE A MOTION FINDING THAT THE VARIANCE REQUEST, OH MY GOODNESS ME, MY COMPUTER JUST WENT TO SLEEP.
FINDING THAT THE VARIANCE REQUEST MEETS THE CRITERIA REQUIRED BY I SECTION 1 55 DASH 18.
I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE APPLICANT'S REQUEST FOR VARIANCE TO SECTION 1 55 DASH THREE B ONE.
BK OF THE SUBDIVISION ORDINANCE WITH A CONDITION IS RECOMMENDED BY PLANNING COMMISSION AND STAFF THAT THE LOT SHALL NOT BE VOLUNTARILY TRANSFERRED TO A NON IMMEDIATE FAMILY MEMBER FOR NINE YEARS AFTER APPROVAL OF THE FAMILY SUBDIVISION PLAT.
THIS WOULD BE IN LIEU OF THE REQUIRED FIVE YEARS AND MAKE THE TIMEFRAME APPROXIMATELY 10 YEARS.
[I. Additional New Business]
NEXT ITEM ON OUR AGENDA[00:30:01]
IS A CONDITIONAL USE PERMIT.THE WARREN COUNTY FAIR ASSOCIATION MOTOR FREIGHT TERMINAL.
AND THIS IS MR. WILLIE WOULD BE ME
UM, AND ON BEHALF OF THE FAIR ASSOCIATION, UH, TONIGHT IS MR. DENNIS GROVE, UH, IS REQUESTING A CONDITIONAL USE PERMIT FOR THIS, UH, TO BE ABLE TO USE AS AN AREA FOR OVERFLOW PARKING FOR TRAILERS FROM FAMILY DOLLAR WAREHOUSE, UH, AND DISTRIBUTION CENTER, WHICH IS LOCATED ACROSS THE ROAD AT 1 55 FAIRGROUND ROAD.
UM, THIS WOULD BE A SOLUTION TO A PROBLEM THAT THEY HAVE OVER THERE, UH, WHICH IS SEASONAL.
UM, I DID RECENTLY SPEAK WITH, UH, ONE OF THE MANAGERS OVER THERE AND HE EXPLAINED TO ME THAT TYPICALLY IT'S, UH, IT TENDS TO FLUCTUATE, UH, SOMETIMES AROUND THE HOLIDAYS AND WHATNOT, SO IT'S NOT AN ALL YEAR TYPE OF A NEED.
UM, THE TRAILERS WOULD BE MOVED BY WHAT THEY CALL A JOCKEY TRAILER TRACTOR.
IT'S JUST A SMALLER TRUCK FROM THE FAMILY DOLLAR LOT TO THESE ONCE THEY'VE BEEN OFFLOADED.
UM, THESE LOTS ARE ALSO USED DURING ANNUAL COUNTY FAIR AND MORGAN COUNTY, UH, FAIR ASSOCIATION WILL HAVE AN AGREEMENT AND HAS, I'VE ACTUALLY PROVIDED THEIR, UH, COPY OF THEIR AGREEMENT WITH FAMILY DOLLAR THAT DURING THAT TIME AND ANY OTHER ANNUAL EVENTS WHICH THEY HAVE SCHEDULED.
THE HOMESTEADERS UH, FESTIVAL, UM, EVENTS, THE AREAS, UH, WILL BE RESERVED FOR FAIRGROUND OVERFLOW PARKING AND IN SPEAKING WITH THE MANAGER OF FAMILY DOLLAR, HE SAID HE COMPLETELY UNDERSTANDS THAT AND THEY WILL, UH, ACCOMMODATE THE FAIR GROUND.
UH, THE LOT, UH, IS LOCATED AT 2 74 FAIRGROUND ROAD HAS A, UH, DWELLING, WHICH IS CURRENTLY RENTED BY THE FAIR GROUND FAIR ASSOCIATION AND THIS ONE POINT, UH, TWO ACRES WILL BE SEPARATE FROM THE TRACTOR TRAIL OR PARKING AREA.
UM, LITTLE, JUST A QUICK BIT OF HISTORY.
THIS PROPERTY WAS ISSUED A CONDITIONAL USE PERMIT IN SEPTEMBER 19TH, 2017 FOR A CONTRACTOR STORAGE YARD THAT WAS NEVER ESTABLISHED, THE PROPERTY NEVER WAS NOT ABLE TO SELL THE PROPERTY.
UM, THE PERMIT WAS ISSUED TO FRANK BREW AND EXPIRED IN 2019.
UM, STAFF IS RECOMMENDING THE FOLLOWING CONDITIONS, WHICH HAVE BEEN, UH, UH, APPROVED BY THE, UH, PLANNING COMMISSION, UH, PLANNING COMMISSION AFTER DISCUSSION, UH, DID REQUEST TO AMEND THE CONDITIONS TO REMOVE, UH, CONDITION NUMBER SIX RELATING TO SCREENING.
UM, SO THE CURRENT CONDITIONS THAT THEY MOVE FORWARD WERE, NUMBER ONE, THE APPLICANT SHALL COMPLY WITH UH, VIRGINIA DEPARTMENT OF TRANSPORTATION UNIFORM STATEWIDE BUILDING CODE REGULATIONS, EROSION AND SEDIMENT CONTROL, AND VIRGINIA DEQ STORMWATER MANAGEMENT REGULATIONS WERE A COMMON PLANTED DEVELOPMENT USING BEST MANAGEMENT PRACTICES.
NUMBER TWO, THE OVERFLOW PARKING AREA SHALL BE RESTRICTED TO PARKING FOR FAMILY DOLLAR AND WARREN COUNTY FAIRGROUNDS VEHICLES.
NUMBER THREE, THE ACCESS ENTRANCE TO THE PROPERTY SHALL BE LIMITED TO WINTER'S COURT FOR THE FAMILY DOLLAR VEHICLES.
THE FAIRGROUND ROAD ENTRANCE SHALL BE PROHIBITED FOR USE BY THESE VEHICLES.
NUMBER FOUR, THE APPLICANT SHALL HARD SURFACE THE PARKING AREAS WITH MATERIAL APPROVED BY PLANTING DEPARTMENT TO PRIOR TO PARKING OF TRAILERS IN ACCORDANCE WITH THE CODE SECTION 180 49 0.1 F ONE A AND DOES NOT INCLUDE ORGANIC MATERIALS SUCH AS MUL WOOD CHIPS.
NUMBER FIVE, THE APPLICANT SHALL SUBMIT A SITE PLAN TO THE COUNTY FOR THE LAND DISTURBANCE PERMIT, UH, BEFORE THE LAND DISTURBANCE PERMIT IS ISSUED, SHOWING PARKING AREAS TO BE GRAVELED LANDSCAPE LIGHTING AND FOR UH, AND TO MEET THE REQUIREMENTS OF CODE SECTIONS 180 15 FOR PARKING 180 18 FOR SCR, EXCUSE ME, 180 49.
ONE FOR LANDSCAPING, 180 49 0.2 FOR LIGHTING.
AND NUMBER SIX, NO INOPERABLE VEHICLES.
EQUIPMENT SHALL BE STORED ON THE PROPERTY.
NUMBER SEVEN, THERE SHALL BE NO PARKING OF VEHICLES ON THE DRAIN FIELD OR CONVEYANCE LINE OF THE SEPTIC SYSTEM OF THE DWELLING.
AND NUMBER EIGHT, NO MORE THAN 70 TRAILERS SHALL BE PARKED ON THE PROPERTY AT ANY ONE TIME.
THE PLAINTIFF COMMISSION DID REVIEW A SITE PLAN THAT WAS PROVIDED BY, UH, THE, UH, CONTRACTOR WHO HAS ASSISTED THE APPLICANT, UH, WHICH GIVES US KIND OF A FLOW OF WHAT THE AREA'S GONNA LOOK LIKE.
THE APPLICANT WILL WORK WITH, UM, THE COUNTY AND WE'RE, WE'RE GLAD TO WORK WITH HIM ON ANY PERMITTING OR ANYTHING THAT'S NECESSARY AS FAR AS BEING ABLE TO UTILIZE THAT PROPERTY FOR PARKING.
AND, AND, UH, IF THIS IS MOVED FORWARD, UM, PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNER IS NOTIFIED AND THE APPLICANT IS HERE THIS EVENING AND I'D BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
[00:35:01]
THANK YOU VERY MUCH.WOULD THE APPLICANT LIKE TO COME FORWARD? SAY ANYTHING? NO.
IS THERE ANYONE IN THE AUDIENCE WHO'D LIKE TO COME AND SPEAK? EXECUTIVE INVITATION TO COME FORWARD.
IS THERE A MOTION I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST FOR THE WARREN COUNTY FAIR ASSOCIATION FOR A MOTOR FOR EIGHT TERMINAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF.
HAVE A SECOND, SECOND RULE CALL PLEASE.
OKAY, SO THAT'S THE LAST OF THE PUBLIC HEARINGS.
IS THERE ANY ADDITIONAL NEW BUSINESS? ANY DISCUSSIONS WITH BOARD? IF NOT, I'M READY TO ADJOURN THE MEETING.