Dec 13, 2023 Planning Commission

CALL

[00:00:01]

[I. Call to Order]

THE FIRST ITEM ON OUR AGENDA, PLEASE RISE AS YOU'RE ABLE TO REMOVE YOUR HATS FOR THE NATIONAL ANTHEM PLEDGE OF ALLEGIANCE.

I'M NOT, I'M NOT GONNA SAY THAT I PLEDGE ALLEGIANCE TO FLAG THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR THANK YOU VERY MUCH.

OUR NEXT ITEM

[III. Adoption of the Agenda]

MR. CHAIRMAN, I MOTION THAT WE ADOPT THE AGENDA AS PRESENTED.

I'LL SECOND.

OKAY.

ALL THOSE IN FAVOR? AYE.

AYE.

OPPOSED? THE AGENDAS ADOPTED EXCEPT WE'LL MAKE ONE MODIFICATION, UH, DUE TO SOME SNAFUS.

WE WILL BE HAVING

[IV. Adoption of the Regular Meeting Minutes]

FROM THERE, WE'LL MOVE ON TO PUBLIC PRESENTATIONS.

PUBLIC PRESENTATIONS ARE LIMITED TO ISSUES THAT ARE NOT INCLUDED ON THE MEETING AGENDA.

IT'S INTENDED AS AN OPPORTUNITY FOR THE PUBLIC TO GIVE INPUT ON RELEVANT PLANNING ISSUES NOT INTENDED AS A QUESTION AND ANSWER PERIOD.

SO IF YOU HAVE SOMETHING YOU'D LIKE TO BRING BEFORE US THAT'S NOT ON THE AGENDA, PLEASE COME UP.

STATE YOUR NAME AND ADDRESS AND WE'LL LISTEN TO YOU SEE, AND NO ONE COME FORWARD.

WE'LL MOVE ON PUBLIC HEARINGS.

[VI.A. CUP2023-10-04 - U-Star Transportation, Inc. - A request for a conditional use permit for a Motor Freight Terminal. The property is located at 0 Rockland Road and is identified on tax map 12A, section 1, block 2, as parcel 18A. The property is zoned Industrial (I) and located adjacent to the Kelley Industrial Park in the Security Land Company subdivision in the North River Magisterial District. - Matt Wendling, Planning Director]

THERE WAS A SNAFU IN THE ADVERTISEMENT OF THEM.

WE WILL BE HOLDING THE PUBLIC HEARING.

WE'LL TAKE YOUR INPUT FROM IT, BUT WE'LL NOT CLOSE THE PUBLIC HEARING.

WE'LL JUST POSTPONE IT OR STOP IT UNTIL NEXT MONTH WITH A PROPER ADVERTISEMENT SO THAT ANYONE WHO WANTS TO DO INPUT I CAN.

BUT ANYWAY, WITH THAT, OUR FIRST ONE, CUP 20 23 10 0 4, YOU START TRANSPORTATION INCORPORATED.

REQUEST FOR CONDITIONAL USE PERMIT FOR A MOTOR FREIGHT TERMINAL.

PROPERTY IS LOCATED AT ROCK ZERO ROCKLAND ROAD IDENTIFIED IN TAX MAP 12 A SECTION ONE BLOCK TWO LOT 18.

A PROPERTY IS ZONED INDUSTRIAL LOCATED ADJACENT TO THE KELLY INDUSTRIAL PARK AND, AND THE SECURITY LAND COMPANY SUBDIVISION IN THE NORTH RIVER MAGISTERIAL DISTRICT.

UH, STAFF COMMENTS? YES, GOOD EVENING.

MR. CHAIRMAN.

MEMBERS OF THE PLANNING COMMISSION, UH, GREENWAY ENGINEERING HAS SUBMITTED THE CONDITIONAL USE PERMIT FOR MOTOR FREIGHT TERMINAL ON BEHALF OF U STAR.

UH, THIS IS TO PARK TRACTOR TRAILERS FOR BOTH, UH, TRACTOR TRAILERS AND FREIGHT TRAILERS IN 29 SPACES THEY'VE IDENTIFIED ON THE LOT.

THEY'VE SUB SUBMITTED A CONS, UH, CONCEPTUAL ILLUSTRATIVE PLAN, UH, WHICH SHOWS THERE ARE NO BUILDINGS OR FACILITY STRUCTURES PROVIDED ON THE, ON THE LOT.

THE DEVELOPMENT WILL NOT REQUIRE PUBLIC SEWER AND WATER, BUT WOULD NEED AN EROSION AND SEDIMENT AND STORM WATER MANAGEMENT PLAN AS PER THE COUNTY BUILDING OFFICIAL.

UH, THEY'RE PROPOSING OPAQUE FENCING AND LANDSCAPING FOR SCREENING AND BUFFERING ALONG ROCKLAND ROAD AND THE ADJACENT RESIDENTIAL WATTS.

STAFF HAS SUBMITTED THIS TO VDOT VDOT S UH, CAME BACK WITH COMMENTS IDENTIFYING, UH, IN THE AREA THAT, UH, UH, WHERE THE FENCING WAS THAT NEEDED TO BE RELOCATED IN ORDER TO ACQUIRE SITE DISTANCE.

THE APPLICANT HAS, UH, CORRECTED THAT AND RESUBMITTED THAT AS PART OF THEIR CONCEPTUAL PLAN.

UM, ALSO THE EXISTING ENTRANCE WAS AN APPROVED ENTRANCE FOR OUR COMMERCIAL PURPOSES BY VDOT AND HAD MET ALL THE LAND PERMIT REQUIREMENTS FOR THAT.

UH, THE APPLICANT IS PROPOSING, UH, TO USE, UH, GRAVEL STONE, WHICH WOULD BE, UH, PROPERLY COMPACT AND GRADED FOR THE PARKING AREAS.

UH, COUNTY CODE DOES REQUIRE HARD SURFACING OF THE LOT, BUT THE UH, UH, STAFF WILL WORK WITH THAT APPLICANT DURING THE, UH, SITE PLAN PHASE OF THE, UM, UH, APPLICATION.

UH, THE PROPERTY IS LOCATED IN THE COUNTY INDUSTRIAL PARK AND ACCESS DIRECTLY OFF ROCKLAND ROAD.

UH, COUNTY STAFF IS RECOMMENDING THE FOLLOWING CONDITIONS FOR THIS.

NUMBER ONE, THE APPLICANT SH SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, VIRGINIA DEPARTMENT OF TRANSPORTATION, WARREN COUNTY BUILDING INSPECTIONS, AND VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY AND REGULATIONS AND REQUIREMENTS.

NUMBER TWO, A FORMAL SITE PLAN SHALL BE PREPARED AND APPROVED BY THE WARREN COUNTY PLANNING DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT SHOWING PARKING, LANDSCAPING, SCREENING, FENCING, OUTDOOR LIGHTING PLAN, AND OTHER APPLICABLE ZONING REQUIREMENTS.

NUMBER THREE,

[00:05:01]

AND NUMBER FOUR, THE SITE SHALL COMPLY WITH SECTION 180 49 0.1 OF THE WARREN COUNTY ZONING ORDINANCE REGARDING LANDSCAPING AND MEETING THE FULL SCREENING REQUIREMENTS OF CHAPTER 180 DASH 18.

UM, THE APPLICANT'S REPRESENTATIVE FROM GREENWAY ENGINEERING IS HERE THIS EVENING TO ANSWER ANY QUESTIONS.

I'LL BE GLAD TO ANSWER ANY.

AND AGAIN, UH, WE DID PROPERLY PLACE AN AD IN THE PAPER AND, AND NOTIFY JASON PROPERTY OWNERS, BUT WE WILL CONTINUE THE, UH, UH, PUBLIC HEARING IN ORDER TO GET EVERYTHING ELSE ADDRESSED NEXT MONTH.

THANK YOU.

THE APPLICANT.

HAVE ANYTHING YOU WISH TO ADD TO THE STAFF COMMENTS? HEY THERE, OR, HI, IT'S MARISSA WITH GREENWAY ENGINEERING.

I DON'T HAVE ANYTHING IN ADDITION TO ADD TO THAT OTHER THAN, UM, THE ONE ITEM THAT WE DID NOT PUT ON THE ORIGINAL SUBMISSION WAS WE ARE PROPOSING LIKE AN ELECTRONIC GATE SO THAT THERE'S NO HOLDUP WITH ENTERING THE PROPERTY.

UM, THAT'S SOMETHING THAT WAS DECIDED LATER ON SO THAT IT WILL BE A REMOTE ACCESS TO ENTER THE PROPERTY FOR THE TRACTOR TRAILERS.

OKAY, THANK YOU.

IF THAT PUBLIC HEARING IS NOW OPEN, UH, PLEASE NOTE AMONG MANY THINGS YOU ARE TIMED.

WE'LL HAVE THREE MINUTES AND YOUR TIMER WILL BE HERE.

UH, DO WE HAVE ANYONE SIGNED UP TO SPEAK? OKAY, ANYONE CARE TO SPEAK WITH THAT, WE'LL PAUSE THE PUBLIC HEARING AND CONTINUE AT THE NEXT MILE.

OUR SECOND PUBLIC HEARING,

[VI.B. CUP2023-10-06 - Green Valley Baptist Church - A request for a conditional use permit for a church. The property is located at 150 Ridgemont Road and is identified on tax map 11 as parcel 16B. The property is zoned Agricultural (A) and is located in the North River Magisterial District. - Matt Wendling, Planning Director]

MR. LEY? YES, UH, THE APPLICANT, UH, EXCUSE ME ONE MINUTE HERE.

UM, CONGREGATION CURRENTLY HOLDS SUNDAY SCHOOL WORSHIP SERVICES EVERY SUNDAY MORNING AND AFTERNOON, AND THEY HOST A PRAYER GROUP, CHILDREN'S INSTRUCTION, ADULT BIBLE STUDY AND WEDNESDAY EVENINGS.

UH, THAT IS TYPICALLY WHEN THIS, UH, UH, STRUCTURE WOULD BE USED.

UM, THE APPLICANT DOES PLAN TO USE THAT CURRENT STRUCTURE, UH, FOR THEIR CONGREGATION OF 90 PEOPLE, UH, ON SUNDAYS APPROXIMATELY 35 ADULTS AND CHILDREN ON THE WEDNESDAY EVENINGS.

UH, BIBLE STUDY, UH, GREEN VALLEY BAPTIST CHURCH IS CURRENTLY IN A STUDY PERIOD FOR PURCHASE OF THE PROPERTY AND STRUCTURES AND HAVE NO PLANS TO CONTINUE THE EXISTING TRADITIONALLY PERMITTED USES OR BUYRIGHT USES FOR THE COMMERCIAL NURSERY AND GARDEN CENTER, MICROBREWERY AND BREW PUB AND AGRITOURISM EVENTS ASSOCIATED WITH THE MICRO BREWERY.

THE ACCESSORY STRUCTURE THAT IS CURRENTLY, UH, THE BREW PUB WILL, UH, PROBABLY BE CONVERTED TO A, UH, FELLOWSHIP HALL OR, UH, SOME SORT OF A, UH, A KITCHEN WHERE THEY'LL HAVE EVENTS, UH, CHURCH EVENTS.

STAFF HAS RECEIVED COMMENTS FROM VDOT, WARREN COUNTY HEALTH DEPARTMENT COUNTY BUILDING OFFICIAL.

UM, THEY HAVE INCLUDED IN YOUR PROP, UH, PACKETS.

VDOT DID MENTION THEY HAVE NO PROBLEM WITH THE, UH, APPLICATION FOR THE CURRENT WITH THE CURRENT ENTRANCE AS LONG AS IT DOES NOT EXCEED 200 TRIPS PER DAY.

THE PROPOSED USE FOR THE 90 SEAT CHURCH AND FIVE, UH, SINGLE FAMILY DWELLINGS IS ABOUT 117 PER DAY.

UM, THEY'VE ALSO STATED THE ACCESSORY USES AND ANY ACCESSORY USES SUCH AS PRESCHOOL, DAYCARE, AND PRIVATE SCHOOLS THAT HAVE NOT BEEN, HAVE NOT BEEN INCLUDED IN THE TRIPS FOR DAY ANALYSIS WOULD, WHICH WOULD GENERATE ADDITIONAL TRAFFIC.

SO IF ANY OF THOSE LAND USES WERE TO BE, UH, ADDED, UH, THE CHURCH WOULD HAVE TO COME BACK AND, AND, UH, MEET WITH VDOT REGARDING THAT.

UH, THEY RECOMMEND THAT THE COUNTY EVALUATE ANY EXPANSION OF THESE USE AND ANY ADDITIONS OF ACCESSORY USES, WHICH WOULD ADD TO THE TRAFFIC COUNTS.

UM, ONE OF THE ITEMS, THE BUILDING OFFICIAL HAS PROVIDED COMMENTS THAT THE STRUCTURE, UH, WAS BUILT UNDER AN AGRICULTURAL EXEMPTION AND THAT, UH, FULL EVALUATION BY A VIRGINIA REGISTERED DESIGN PROFESSIONAL IS REQUIRED, UH, TO INSPECT AND REVIEW THE STRUCTURAL PROPERTIES OF THE BUILDING.

THE APPLICANT IS HERE THIS EVENING AND WILL, UM, BE PROVIDING SOME OF THE INFORMATION RELATING TO THAT.

UM, STAFF IS RECOMMENDING THE FOLLOWING CONDITIONS, UH, FOR THIS CONDITIONAL USE PERMIT.

NUMBER ONE, THE CHAPEL OCCUPANCY SHALL NOT EXCEED THE NUMBER OF OCCUPANTS DETERMINED BY THE VIRGINIA UNIFORM STATEWIDE BUILDING

[00:10:01]

NUMBER TWO, THE APPLICANT SHALL COMPLY WITH ALL WORN, UH, ALL VIRGINIA DEPARTMENT OF TRANSPORTATION, WARREN COUNTY HEALTH DEPARTMENT, WARREN COUNTY BUILDING INSPECTIONS, AND VIRGINIA STATEWIDE FIRE PREVENTION CODE REGULATIONS AND REQUIREMENTS.

NUMBER THREE, THE APPLICANT SHALL SUBMIT A WATER QUALITY REPORT BY A CERTIFIED AGENCY ON AN ANNUAL BASIS TO BOTH THE HEALTH DEPARTMENT AND PLANNING DEPARTMENT FOR TESTING OF E COLI AND CALIFORNIA BACTERIA.

NUMBER FOUR, THE APPLICANT SHALL SUBMIT AN ILLUSTRATIVE SITE PLAN SHOWING PARCEL BOUNDARIES, BUILDING FOOTPRINTS, BUILDING USES SETBACKS FOR BUILDINGS TO THE NEAREST PROPERTY BOUNDARIES, INGRESS EGRESS INTERNAL ROADS, OUTDOOR LIGHTING PARKING, INCLUDING HANDICAPPED ACCESSIBLE PARKING AND LIGHTING, UH, LOCATIONS TO THE COUNTY PRIOR TO THE ISSUANCE OF A CERTIFICATE OF ZONING FOR THE LAND USE.

UH, NUMBER FIVE, THE APPLICANT SHALL MEET THE REQUIREMENTS, WARREN COUNTY CODE FOR OFF STREET PARKING FOR A CHURCH REQUIRING ONE SPACE PER FOUR SEATS AND CODE SECTION 180 49 0.2 FOR OUTDOOR LIGHTING AND THE APPLICANT SHALL MEET ALL PERMITTING, ALL PERMITTING REQUIREMENTS FOR THE CONVERSION FROM AN AGRICULTURAL EXEMPT STRUCTURE TO A CHURCH BASED ON THE LATEST ADOPTED EDITION OF THE UNIFORM STATEWIDE BUILDING CODE.

AND LASTLY, NUMBER SEVEN, AT THE TIME THAT THE USES PERMITTED PURSUANT TO FOLLOWING THE CONDITIONAL USE PERSON, UH, PERMITS HAVE BEEN DIS DISCONTINUED FOR A PERIOD OF TWO YEARS.

SUCH CONDITIONAL USE PERMITS SHALL BE AUTOMATICALLY TERMINATED, UH, BY COUNTY CODE SECTION 180 63 H TWO A WITHOUT FURTHER ACTION BY THE BOARD OF SUPERVISORS OR PLANNING COMMISSIONERS.

THESE WOULD BE PERMITS TWO, UH, 2004 DASH 10 DASH OH TWO FOR A COMMERCIAL NURSERY AND GARDEN CENTER, 2002 12 DASH 12 DASH OH THREE FOR A MICRO BREWERY AND BREW PREP AND 2019 DASH OH NINE DASH OH 9 0 2 FOR EVENTS ASSOCIATED WITH A MICROBREWERY IN AG TOURISM.

UH, THE APPLICANT, UH, IS HERE THIS EVENING.

THE PASTOR WHO SERVES THE CHURCH IS HERE THIS EVENING.

I BELIEVE HE DOES HAVE, UH, AN ARCHITECTURAL ENGINEER WITH HIM TO, UH, UM, UH, EXPLAIN A LITTLE BIT OF THE BUILDING, UH, FINDINGS.

AND, UH, AGAIN, WE HAVE ADVERTISED THIS, UH, IN THE, AS AN AD AND, AND SENT OUT, UH, JASON PROPERTY OWNERS.

BUT WE'LL CONTINUE THIS, UH, NEXT MONTH.

OKAY.

THE APPLICANT HAVE ANYTHING THEY WISH TO ADD? GOOD EVENING.

I AM PASTOR TIM FROM GREEN VALLEY BAPTIST AND I'VE BEEN THERE 12 YEARS, UH, LEGALLY.

PASTOR TIM, WE'LL NEED YOUR LAST NAME TOO, I'M SORRY.

TIM KERSHAW.

THANK YOU.

YES SIR.

1838 CHAPEL ROAD, MIDDLETOWN.

AND, UH, OUR CHURCH STARTED IN HERE IN FRONT ROYAL 35 YEARS AGO.

AND, UH, WE'VE BEEN EXCITED TO MINISTER IN THE COUNTY AND THIS WHOLE COMMUNITY TRYING TO REACH PEOPLE, PEOPLE FOR JESUS CHRIST, OF COURSE, AND SHARE THE GOSPEL, BUT ALSO HELP PEOPLE AND ENCOURAGE FOLKS, STRENGTHEN FAMILIES AND HELP YOUNG PEOPLE, UH, STAY ON A STRAIGHT AND NARROW WAY.

UH, WE'VE BEEN GROWING AND, UH, WE DON'T HAVE A LOT OF ROOM FOR ANY, UH, SOCIAL DISTANCING MUCH IN OUR CHURCH.

AND, UH, THAT'S A GOOD THING.

AND SO WE WERE LOOKING FOR OPPORTUNITIES LAND, SO BEING AS EXPENSIVE AS IT IS IN THE COUNTY AND OVER IN, UH, IN FREDERICK COUNTY, UH, WE CAME ACROSS THE OPPORTUNITY THERE WITH THE BACKROOM BREWERY AND, UH, WE'RE EXCITED ABOUT THE OPPORTUNITY.

UH, WE'VE, UH, LOOKED AT IT AND OF COURSE, UM, YOU'VE ALREADY HEARD THAT WE'VE, UH, ALREADY STARTED A FEASIBILITY ANALYSIS AND WE'VE ALSO, AND IT'S ALMOST DONE ACTUALLY.

I'VE GOT QUITE A BIT OF REPORTS HERE WITH ME, WHICH COVERS EVERYTHING, WHICH I UNDERSTAND WOULD, UH, TAKE, UH, THAT BUILDING, BEING THE AG EXEMPT AND GET IT UP TO CODE FOR, UH, A CHURCH USE, YOU KNOW, FOR US TO DO THAT.

UH, JUST A SIDE NOTE, THAT COST US $15,000 AND WE'RE NOT GONNA GET THAT BACK, YOU KNOW, JUST TO DO IT JUST TO, FOR THE FEASIBILITY, JUST TO SEE IF THIS IS REALLY, YOU KNOW, WORTH OUR, OUR WHILE IN DOING AND IF IT MAKES SENSE, I GUESS THE BEST WAY TO SAY IT.

SO I HAVE AN ARCHITECT AND AN ENGINEER HERE WITH US TONIGHT.

I DON'T KNOW IF YOU'D LIKE TO SPEAK TO THEM OR NOT, UH, BUT WE'VE GOT A WHOLE LOT OF THIS INFORMATION I HAVEN'T GOTTEN IT TO, I JUST GOT IT.

I HAVEN'T GOT IT TO DAVE AT THE COUNTY YET OR ANYBODY.

UM, SO, BUT I PLAN TO DO THAT AND GET THAT TO THEM AS WELL.

ALRIGHT.

OKAY.

THANK YOU.

UH, STEVEN WAGNER, ARCHITECT, UH, OFFICE 7 6 1 9 1 MAIN STREET, THE PLAINS, VIRGINIA.

UH, AND ONCE

[00:15:01]

UM, AND OF COURSE, OBVIOUSLY, UH, CHURCH WILL BE PRESENTING THAT TO THE COUNTY, BUT OUR MAIN PURPOSE WAS TO LOOK HOW TO TAKE THAT BUILDING, UH, TO MAKE IT, 'CAUSE ONCE AGAIN, WHEN YOU DO A CHANGE OF USE, YOU HAVE TO, UM, THE BATHROOM'S GOTTA LOOKED AT TO THE, UH, THE BUILDING ITSELF.

WE HAD A STRUCTURAL ENGINEER LOOK AT IT.

WE'VE HAD MECHANICAL ENGINEER, ELECTRICAL ENGINEER, ALL DO REPORTS ON IT.

UM, AND PROBABLY THE BIGGEST, UH, THINGS WE FOUND IS THE FOUNDATION OF THE BUILDING.

UM, ONCE AGAIN, IT WAS DONE AS AN AG BUILDING, SO THERE WILL BE A PERIMETER FOUNDATION WOULD NEED TO BE INSTALLED AROUND THE BUILDING.

THAT'S PROBABLY ONE OF THE LARGEST ITEMS. UM, INSULATION IN THE BUILDING WILL NEED TO BE BROUGHT UP TO CODE, UM, AND, UH, EXIT SIGNS, TYPICAL EXIT LIGHTING, LIGHTING ON THE EXTERIOR OF THE BUILDING.

SO THERE WOULD BE A PHOTOMETRIC PLAN DONE, UH, TO BE ABLE TO, ONCE AGAIN, EVERYTHING, AS I SAID FOR THE UNIFORM BUILDING CODE AND, YOU KNOW, THEY HAVE BROUGHT US ON TO BE ABLE TO LOOK AT THOSE.

BUT ONCE AGAIN, WE HAVE A PACKAGE THAT WE'VE DONE FOR DRAWINGS, PRETTY MUCH OUTLINE, UH, WHAT WE FOUND.

THANK YOU.

DANNY DUNLAP WITH DICE ENGINEERING.

I WAS ALSO COMMISSIONED TO LOOK AT THE FEASIBILITY OF THE SITE.

WE, WE, WE NEED YOUR ADDRESS ALSO.

I'M SORRY, 1 0 1 SHELBY COURT, WINCHESTER, VIRGINIA, 2 2 6 0 2.

UM, YEAH, I'M A CIVIL ENGINEER SO I'M COMMISSIONED TO LOOK AT BASICALLY THE EXTERIOR IMPROVEMENTS THAT WOULD BE REQUIRED FOR THE CHAINS OF USE.

UM, BEINGS AN EXISTING FACILITY.

WE'RE TRYING TO INCORPORATE AS MUCH OF THE EXISTING FEATURES AS POSSIBLE TO CUT DOWN THE OBVIOUSLY ADDED EXPENSE.

UM, UM, OUR INTENT IS TO UTILIZE EXISTING ROADWAYS AND PARKING AREAS AS MUCH AS POSSIBLE.

THERE'S A LARGE PAD IN BEHIND THE BUILDING THAT WE'RE PROPOSING TO USE FOR THE PARKING WITH SOME MINOR IMPROVEMENTS WITH LANDSCAPING AND STRIPING AND DEMARCATION OF THE SPACES.

UM, AND ALSO ADDING A COUPLE OF HANDICAP SPACES AS WELL.

UH, PROBABLY BE ADDING A SIDEWALK ALONG THE SIDE OF THE BUILDING FOR MODIFIED ENTRANCE TO PROVIDE ACCESS FROM THOSE HANDICAP SPACES TO THE ENTRANCE.

UM, AND IT WAS MENTION ALSO MENTIONED, WE'LL BE LOOKING AT EXTERIOR LIGHTING, UH, FOR THIS PARKING AREAS IN THE BACK.

PROBABLY GONNA BE BUILDING MOUNTED IF IT WORKS.

UH, BUT WE'LL LOOK AT THAT AND WHAT OUR OPTIONS ARE.

BUT GEN GENERALLY, WE'RE TRYING TO KEEP EVERYTHING PRETTY MUCH AS IS.

UTILITIES ARE GOOD.

UM, WATER AND SANITARY SYSTEMS IN PLACE IS MORE THAN ADEQUATE FOR THE CHURCH, SO, OKAY, THANK YOU.

WITH THAT, WE'LL OPEN THE PUBLIC HEARING.

ANYONE SIGNED UP TO SPEAK? ANYONE STILL CARE TO SPEAK AND DIDN'T SIGN UP.

WITH THAT, WE'LL PAUSE THE PUBLIC HEARING GO NEXT MONTH.

THANK YOU GENTLEMEN.

MR. CHAIRMAN, I'LL MAKE SURE THAT WE GET ALL THE ITEMS FROM THE APPLICANT IN YOUR PACKETS NEXT MONTH FOR YOU TO REVIEW.

THANK YOU.

MAKE SURE THAT THANK YOU.

HAVE THAT OPPORTUNITY.

ALL RIGHT.

ALRIGHT, THANK YOU.

AT OUR THIRD PUBLIC

[VI.C. CUP2023-11-01 - Jorge Lobo (97 Judy, LLC) - A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 97 Judy Lane and is identified on tax map 15E, section 5, block 5, as parcel 549. The property is zoned Residential-One (R-1) and is located in the Mountain Lake section of the Shenandoah Farms subdivision in the Shenandoah Magisterial District. - Chase Lenz, Zoning Administrator]

PROPERTY IS PROPERTY ZONED R ONE RESIDENTIAL LOCATED IN MOUNTAIN LAKE SECTION OF THE SHENANDOAH FARMS SUBDIVISION.

AND IN THE SHENANDOAH MAGISTERIAL DISTRICT, MR. WEBLEY, MR. MR. LIN, I WAS LOOKING IN THE RIGHT DIRECTION.

, THANK YOU MR. CHAIRMAN.

THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY HE PURCHASED IN MAY OF 2022.

THE OWNER WOULD LIKE TO MAKE THEIR PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS SEEKING TO EXPLORE THE BEAUTY OF WARREN COUNTY AND THE SHENANDOAH NATIONAL PARK WHEN HE'S NOT USING THE PROPERTY.

PERSONALLY.

THE APPLICANT WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM LOCAL PROFESSIONAL SERVICES FOR CLEANING TRASH DISPOSAL MAINTENANCE.

THE PROPERTY IS LOCATED IN THE SHENANDOAH FARM SUBDIVISION.

IT'S KIND OF UP ON TOP OF A MOUNTAIN.

UM, THERE IS A HEALTH DEPARTMENT PERMIT THAT LIMITS THE MAXIMUM OCCUPANCY OF THE DWELLING TO FOUR FOUR OCCUPANTS AND THE APPLICANT HAS PROVIDED A PROPERTY MANAGEMENT PLAN.

THE DWELLING DOES ALSO MEET THE 100 FOOT SETBACK FROM NEIGHBORING RESIDENCES.

THE NEAREST DWELLING IS 180 FEET TO THE WEST, I BELIEVE IT'S ACROSS THE RIGHT AWAY.

UM, SO I'LL GO AHEAD AND READ THROUGH THE THE CONDITIONS.

UH, CONDITION NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, WARREN COUNTY BUILDING INSPECTIONS IN VIRGINIA STATEWIDE FIRE PREVENTION CODE REGULATIONS AND REQUIREMENTS.

NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED THE SYSTEM CAPACITY AS DETERMINED BY THE HEALTH DEPARTMENT

[00:20:01]

THE CERTIFICATE OF ZONING SHALL ONLY BE ISSUED WITH APPROVED HEALTH DEPARTMENT RECORDS.

NUMBER THREE, THE APPLICANT SHALL HAVE THE WELL WATER TESTED ANNUALLY FOR ECO 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 SEPTIC SYSTEM INSPECTED ANNUALLY BY A STATE LICENSE INSPECTOR AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.

THE SYSTEM SHALL ALSO BE SERVICED EVERY FIVE YEARS AS RECOMMENDED BY THE HEALTH DEPARTMENT AND A COPY OF THE SERVICE INVOICE SHALL BE PROVIDED TO THE PLANNING DEPARTMENT.

NUMBER FIVE, THE DISCHARGE OF FIREARMS AND HUNTING ON THE PROPERTY BY GUESTS SHALL BE PROHIBITED.

NUMBER SIX, THE USE OF ALTERING VEHICLES BY GUESTS ON THE PROPERTY AND WITHIN THE SUBDIVISION SHALL BE PROHIBITED.

AND NUMBER SEVEN, OUTDOOR BURNING AND USE OF FIREWORKS BY GUESTS SHALL BE PROHIBITED.

THIS PUBLIC HEARING HAS NOT BEEN PROPERLY ADVERTISED.

WE'RE ASKING THAT YOU CONTINUE THE PUBLIC HEARING TO NEXT MONTH'S MEETING AND I'M NOT SURE IF THE APPLICANT IS, APPLICANT IS HERE IF YOU HAVE ANY QUESTIONS.

THANK YOU, .

OKAY.

IF YOU HAVE ANYTHING TO ADD, IF YOU DO, PLEASE COME FORWARD.

IT'S MY DAD'S, SO I DON'T KNOW.

I SHOULD BE GOING UP THERE, THERE I NECESSARY, BUT, UH, I DON'T HAVE ANYTHING TO ADD.

OKAY.

SEEKING COUNSEL.

ALRIGHT, UH, WITH THAT AND THE OTHERS, WE'VE OPENED THE PUBLIC HEARING AND THEN PAUSED IT AND YOU, YOU SAID REQUEST TO NOT DO IT, SO YEAH, THAT IS CORRECT.

THIS PUBLIC HEARING WAS NOT PROPERLY ADVERTISED.

AND SO WE WILL REQUEST THAT YOU, UH, PA CONTINUE THE PUBLIC HEARING TO NEXT MONTH WHERE, UH, WE CAN PROPERLY ADVERTISE THE PUBLIC HEARING.

OKAY.

THE ADVERTISING THE SAME AS THE OTHER POSITION.

WE DIDN'T DO THE PHYSICAL SIGN.

THAT IS CORRECT.

SO WITH WITH THE OTHERS, WE OPENED IT, WE ALLOWED PEOPLE THAT ARE HERE TO SPEAK AND THEN WE CONTINUED IT.

I, I SUGGEST IT WOULD BE THE SAME THING.

OKAY.

THAT'S OKAY.

THAT'S GOING TO BE, BE CONSISTENT WITH THAT.

THE PUBLIC HEARING IS OPEN.

NO ONE WISH TO SPEAK FOR OR AGAINST.

SEE NO ONE COME FORWARD.

WE'LL PAUSE THE PUBLIC HEARING.

GO NEXT MONTH.

THANK YOU.

OUR NEXT ONE, CUP

[VI.D. CUP2023-11-02 - Vihari Vanga - A request for a conditional use permit for a Short-Term Tourist Rental. The property is located at 56 Sunset Village Road and is identified on tax map 27B, section 2, as parcel 102A1. The property is zoned Residential-One (R-1) and is located in the Junewood Estates subdivision in the Fork Magisterial District. - Chase Lenz, Zoning Administrato]

REQUEST FOR CONDITIONAL USE PERMIT FOR SHORT TERM TER RENTAL PROPERTIES LOCATED AT 56 SUNSET VILLAGE ROAD IDENTIFIED ON TAX MAP 27 B SECTION TWO LOT 1 0 2 A ONE.

PROPERTY IS ZONED R ONE RESIDENTIAL LOCATED IN THE JUNE WOOD ESTATE SUBDIVISION IN THE FORK MAGISTERIAL DISTRICT.

MR. LINZ.

THANK YOU MR. CHAIRMAN.

THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTY THEY PURCHASED IN DECEMBER OF 2022.

THE OWNER WOULD LIKE TO MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA.

THE APPLICANT WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM AN EXPERIENCED LOCAL PROPERTY MANAGER.

AS MENTIONED, THIS PROPERTY IS LOCATED IN THE JUNE WATER ESTATES SUBDIVISION, RELATIVELY NEW DEVELOPMENT AND, UM, CORRECTION.

PROPERTY HISTORY.

THERE ARE NOW THREE ACTIVE CONDITIONAL USE PERMITS FOR SHORT-TERM FOREST RENTALS IN, IN THE SUBDIVISION.

AND THERE IS A HEALTH DEPARTMENT CONDITIONAL PERMIT FOR THE PROPERTY.

IT ALLOWS A MAXIMUM OF FIVE OCCUPANTS FOR FOUR BEDROOMS AND THEY HAVE PROVIDED THEIR PROPERTY MANAGEMENT PLAN.

UH, THE DWELLING DOES NOT MEET THE SETBACK OF 100 FEET REQUIRED FROM NEIGHBORING DWELLINGS.

UH, SO THE APPLICANT IS REQUESTING WAIVER TO THE SUPPLEMENTAL REGULATION.

THE DWELLING ON, WELL, THE DWELLINGS ON EITHER SIDE OF THE PROPERTY ARE ACTUALLY WITHIN A HUNDRED FEET.

THE DWELLING ON THE PROPERTY TO THE EAST IS ONLY 38 FEET FROM THE DWELLING.

UH, THE PROPERTY ON THE WEST IS LOCATED 94 FEET FROM THE DWELLING.

AND I'LL ALSO MENTION THAT THE DWELLING THAT'S 94 FEET AWAY IS APPROVED AS A SHORT-TERM TOURIST RENTAL.

UM, SO FOR THE RECOMMENDED 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 MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED THE SYSTEM CAPACITY AS DETERMINED BY THE HEALTH DEPARTMENT PERMIT PER WARREN COUNTY CODE SECTION 180 DASH 56.4.

THE CERTIFICATE OF ZONING SHALL ONLY BE ISSUED WITH APPROVED HEALTH DEPARTMENT RECORDS.

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 SEPTIC SYSTEM INSPECTED ANNUALLY BY A STATE LICENSE INSPECTOR AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS.

THE SYSTEM SHALL ALSO BE SERVICED EVERY FIVE YEARS AS RECOMMENDED BY THE HEALTH DEPARTMENT AND A COPY OF THE SERVICE INVOICE SHALL BE PROVIDED TO THE PLANNING DEPARTMENT.

NUMBER FIVE, THE DISCHARGE OF FIREARMS AND HUNTING ON THE PROPERTY BY GUESTS SHALL BE PROHIBITED.

NUMBER SIX, THE USE OF TERRAIN VEHICLES BY GUESTS ON THE PROPERTY WITHIN THE SUBDIVISION AND ON STATE ROACH SHALL BE PROHIBITED.

NUMBER SEVEN, OUTDOOR BURNING AND USE OF FIREWORKS BY GUESTS SHALL BE PROHIBITED.

AND NUMBER EIGHT, SHOULD YOU CHOOSE TO WAIVE THE SETBACK REQUIREMENT, RECOMMEND THE WAIVER OF THE SETBACK REQUIREMENT.

UM, A WAIVER TO THE REQUIRED SETBACK OF 100 FEET TO NEIGHBORING DWELLING SHALL BE GRANTED FOR THE EXISTING 38 FOOT AND 94 FOOT SETBACKS TO THE DWELLING EAST

[00:25:01]

IT'S REQUESTED BY THE APPLICANT.

WE'LL ALSO MENTION, I FORGOT TO MENTION THAT, UH, THE APPLICANT DID SUBMIT LETTERS OF SUPPORT FROM BOTH OF THE NEIGHBORS WITHIN THE SETBACK.

OTHER THAN THAT, THIS PUBLIC HEARING WAS NOT PROPERLY ADVERTISED.

UH, SO WE ARE REQUESTING THAT YOU, UH, CONTINUE THE PUBLIC HEARING TO NEXT MONTH'S MEETING.

WE CAN PROPERLY ADVERTISE THE PUBLIC HEARING THEN.

ALRIGHT.

AS THE APPLICANT I'M ASSUMING IS NOT HERE.

YEAH, I DO NOT BELIEVE THE APPLICANT COULD MAKE IT.

HE DID SAY HE'D BE BACK NEXT MONTH.

OKAY.

ALRIGHT.

BUT STILL THOUGH THE FOLLOWING PROTOCOL, WE WILL OPEN THE PUBLIC HEARING HE WOULDN'T WISH TO SPEAK FOR OR AGAINST PUBLIC HEARING IS PAUSED NEXT MONTH.

THANK YOU.

FIFTH ITEM TONIGHT,

[VI.E. Z2023-11-01 - Public Utility Distribution Facilities - Warren County Planning Staff - A request to amend Chapter 180 of the Warren County Code to amend §180-8C Definitions to replace the defined term “Public Utility Poles, Lines, Transformers” with a new “Public Utility Distribution Facilities” term and definition and to amend §180-10E Accessory Uses to replace "public utility poles, lines, transformers, pipes, meters and other facilities necessary to the provision of public utility services within the County" with new "public utility distribution facility" term. - Chase Lenz, Zoning Administrator]

AND TO AMEND SUBSECTION 180 DASH 10 E ACCESSORY USES TO REPLACE PUBLIC UTILITY POLES, LINES, TRANSFORMERS, PIPES, METERS, AND OTHER FACILITIES AS NECESSARY TO THE PROVISION OF PUBLIC UTILITY SERVICES WITHIN THE COUNTY WITH NEW PUBLIC UTILITY DISTRIBUTION FACILITY TERMS. MR. LINS LEASE SORT THIS ONE OUT.

.

THANK YOU MR. CHAIRMAN.

WARREN COUNTY PLANNING STAFF BY THE RECOMMENDATION OF THE COUNTY ATTORNEY IS REQUESTING TO AMEND WARREN COUNTY CODE SECTION 180 DASH EIGHT C, WHICH IS OUR DEFINITION SECTION TO REPLACE THE DEFINED TERM PUBLIC UTILITY POLES, LINES, TRANSFORMERS, WITH A NEW PUBLIC UTILITY DISTRIBUTION FACILITIES TERM AND DEFINITION.

AND TO AMEND SECTION 180 DASH 10 E ACCESSORY USES TO REPLACE PUBLIC UTILITY LINES, TRANSFORMERS, PIPES, METERS, AND OTHER FACILITIES NECESSARY TO THE PROVISION OF PUBLIC UTILITY SERVICES WITHIN THE COUNTY.

WITH THE NEW, UH, PROPOSED PUBLIC UTILITY DISTRIBUTION FACILITY, TERM PLANNING STAFF IDENTIFIED THE EXISTING DEFINED TERM, IT'S A SOURCE OF AMBIGUITY WITHIN THE ZONING ORDINANCE AND WORK WITH THE COUNTY ATTORNEY TO PROPOSE A MORE GENERALIZED TERM AND INCLUSIVE DEFINITION THROUGH THIS ZONING TAX AMENDMENT.

THE PURPOSE OF THIS TAX AMENDMENT IS TO UPDATE OUTDATED, OUTDATED, AMBIGUOUS TERMINOLOGY IN ANY PUBLIC UTILITY MEETING.

THE NEW DEFINITION FOR PUBLIC UTILITY DISTRIBUTION FACILITY WILL CONTINUE TO BE PERMITTED AS A MATTER OF RIGHT IN ALL ZONING DISTRICTS AS STATED UNDER CODE SECTION 180 DASH 10 E.

UM, I WILL MENTION THAT WE DID RECEIVE COMMENTS FROM A REPRESENTATIVE OF RAPPAHANNOCK ELECTRIC THAT WERE INCLUDED IN YOUR, UH, IN YOUR PACKETS, UH, REFERENCING A, A CONCERN ABOUT THE, UH, 34 UH, THOUSAND 500 VOLT OR 34.5 KILOVOLT, UH, THRESHOLD IN THE DEFINITION.

UH, I DID WANNA MENTION THAT THAT NUMBER WAS USED OR, UM, SELECTED BECAUSE IT WAS WHAT WAS ALREADY IN OUR CODE.

UH, SO WE KIND OF JUST PULLED IT INTO THE NEW DEFINITION.

UM, I HAD SPOKEN WITH THE COUNTY ATTORNEY ABOUT THIS AND WE ARE, UM, AWARE OF SEVERAL LOCALITIES THAT USE THIS THRESHOLD AS WELL IN, IN, UH, VIRGINIA.

UM, BUT UH, WITH THESE COMMENTS WE DID RECEIVE THEM RATHER LATE.

UH, SO WE, WE FIGURED WE'D TAKE IT TO YOU ALL AND, AND LET YOU, UH, DECIDE IF YOU WANT TO SEE THAT CHANGE MADE.

OTHER THAN THAT, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED SINCE THE J THE, UH, SIGNED POSTING IS NOT NECESSARY.

UM, AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.

THANK YOU.

ASSUMING, AS AM I, IF YOU HAVE ANY QUESTIONS, , I'M ASSUMING NO ONE'S HAS ANY QUALMS WITH WHAT YOU SAID.

SO WE'LL OPEN THE PUBLIC HEARING ANYONE CARE TO SPEAK FOR OR AGAINST, SEE NO ONE COME FORWARD.

THE PUBLIC HEARING'S CLOSED.

NOW, I'D LIKE TO SEE US ADOPT SOME OF THE LANGUAGE SHE HAS IN THE LETTER THAT RAPPAPORT, UH, UH, UH, ELECTRIC, NOT RAPAPORT, UH, RAPID RAP.

YEAH.

THE, UH, THE ANSI CODE, UH, DEFINITION THAT SHE'S USING HERE OF, UH, CHARLIE 81 OR 84 DASH ONE AS MEDIUM VOLTAGE.

BECAUSE WHEN YOU GET UP INTO THE INDUSTRIAL AREA, YOU'RE GONNA HAVE TO HAVE THREE PHASES.

SO, UM, AND WHAT WE'RE IDENTIFYING HERE AT 30 30 4K, UH, WAS MORE OF A RE A RESIDENTIAL TWO PHASE.

WHEN YOU GO ONLINE AND LOOK AT THE DEFINITION OF THOSE, I DID NOT BUY THE, UH, ANSI CODE BECAUSE IT COST $184

[00:30:01]

SO I DID WHAT RESEARCH I COULD ON IT, BUT I THINK IF WE WORK IN THE DEFINITION OF THE ANSI C 84 DASH ONE, IT GIVES MORE LEEWAY AND IT IS A NATIONALLY RECOGNIZED, UH, CODE THAT IS ADOPTED VOLUNTARILY BY ORGANIZATIONS.

SO, UM, WHAT YOU'RE SUGGESTING IS, UH, TO REPLACE THE TERMINOLOGY IN THE PROPOSED DEFINITION WITH THE MEDIUM VOLTAGE CLASS AS REFERENCED UNDER THE A NSI STANDARD LISTED? YEAH.

OKAY.

AND THEN DROPPING THE VOLTAGE, UH, UH, LANGUAGE ALTOGETHER UP THE, UP THE TOP THERE.

YEAH.

JUST REFERENCE IT TO THE STANDARD AND, UH, LEAVE OUT THE, THE RANGE OF VOLTAGES THAT THEY PUT.

CORRECT.

OKAY.

THANK YOU.

I HAVE A QUESTION FOR COUNSEL.

SO IF WE REFERENCE, UM, AN OUTSIDE STANDARD IN OUR CODE AND THEN THAT STANDARD CHANGES, I MEAN, DOES THAT THERE'S A POTENTIAL THAT STANDARD COULD GO AWAY? UH, IT COULD CHANGE TO SOMETHING THAT WE DIDN'T INTEND? THERE IS, YOU'RE RIGHT.

UM, TYPICALLY WE, THERE, THERE ARE A COUPLE THINGS THAT WE DO.

ONE IS IF, IF WE ADOPT A STANDARD THAT WE KNOW IS GOING TO CHANGE OVER TIME, WE TYPICALLY, THE LAWYERS SLIP IN AS, AS MAY BE AMENDED OR AS AMENDED TO INDICATE THAT IN ADOPTING THAT STANDARD, YOU GUYS UNDERSTAND THAT IT, IT WILL CHANGE FROM TIME TO TIME.

MM-HMM.

AND YOU MEAN TO INCLUDE THOSE CHANGES WHEN YOU ADOPT IT.

UM, SO, SO WE CAN DO THAT FROM A LEGAL PERSPECTIVE.

OF COURSE, FROM A PRACTICAL PERSPECTIVE, WHAT IT MEANS IS THAT WE NEED TO MONITOR WHAT THOSE CHANGES ARE AND IF IT EVER CHANGES IN A WAY THAT IT'S OUT OF ALIGNMENT WITH WHAT THE COUNTY WANTS, THEN WE NEED TO BRING IT BACK TO YOU TO, UH, ADOPT A SPECIFIC THRESHOLD OR, OR CHANGE IT BACK OR DO SOMETHING ELSE.

UH, FROM, FROM MY PERSPECTIVE, BOTH OF THOSE THINGS ARE FEASIBLE.

I, I AGREE.

IT SEEMS TO MAKE SENSE TO, UM, INCORPORATE THE COMMENTS FROM RAPPAHANNOCK ELECTRIC.

UH, WE'RE TRYING TO MODERNIZE THIS DEFINITION.

I MEAN, THERE ARE A FEW REASONS WHY WE HAVE THIS CHANGE BEFORE YOU.

UM, ONE OF THEM IS TO MODERNIZE ITS DEFINITION AND IT, IT SEEMS LIKE, UM, IN ADDITION TO THE DIFFERENT THINGS THAT ARE LISTED IN IT, THE VOLTAGE IS OUT OF DATE AND WE JUST, I'M NOT AN ELECTRICIAN, SO I DIDN'T KNOW THAT I'M A LAWYER.

UM, BUT NOW THAT THAT'S BEFORE YOU AND, AND HAS OUR ATTENTION, I I AGREE WITH THE COMMENT THAT MAYBE WE SHOULD UPDATE IT TO REFERENCE THE STANDARD MM-HMM, .

YEAH.

AND I'LL, I'LL JUST CLARIFY.

I I TOTALLY AGREE TOO THAT WE SHOULD UPDATED IT.

IT, I WAS JUST THINKING ABOUT THE KIND OF THE TWO OPTIONS, UM, EITHER REFERENCING ANSI OR, UH, SPELLING OUT SPECIFICALLY THE 38,000 VOLTAGE PHASE THREE OR LESS, YOU KNOW, UH, SO DEFINITELY THINK WE SHOULD CHANGE IT.

UM, I GUESS I'M KIND OF LIKE WHATEVER STAFF THINKS IS A BETTER WAY TO APPROACH IT.

UM, I'M OKAY WITH, OR ME, I'D PROBABLY NOT REFERENCE THE OUTSIDE STANDARD IN OUR CODE JUST BECAUSE IT IS SOMETHING ELSE TO MONITOR.

OKAY.

WELL, MATT, IT IT'S YOUR PREROGATIVE.

UH, IF YOU WANNA MAKE A RECOMMENDATION, THEN WE'LL BRING IT FORWARD TO THE BOARD WITH THAT RECOMMENDATION.

I WOULD PROBABLY LEAN MORE TOWARD REFERENCEING AN NC SO THAT WAY WE'RE NOT WRITING A WHOLE BUNCH OF SPEC THAT WE KNOW NOTHING ABOUT.

RIGHT.

AND THEN LEAVE IT OPEN FOR RIGHT.

ANY POTENTIAL CHANGES I THINK WOULD BE WISE.

SO I AGREE.

AND, AND INCLUDE THE AS AMENDED AS, UH, MR. BOWMAN SUGGESTED.

MM-HMM, .

OKAY.

BUILDING INSPECTION DOES FOLLOW ANSI, DON'T THEY? YEP.

IT'S, IT'S STATE CODE OR UNIVERSAL? WELL, IT'S AN, IT'S A NATIONAL THAT GETS ADOPTED DOWN.

YEAH, THEY'RE GONNA FOLLOW THAT.

OKAY.

HELL MOTION.

BUT I CAN ENTERTAIN MORE.

YEAH, BUT HELL KIND OF OPPORTUNITY WORDING FOR IT.

UH, MR. CHAIR , UH, MR. CHAIR? I'M, WE'RE HERE.

WORKING HERE.

ALRIGHT, MR. CHAIR.

I MOVE THAT THE COMMISSION FINDING THAT THE PROPOSED ZONING ORDINANCE AMENDMENT IS APPROPRIATE FOR PUBLIC NECESSITY PRACTICE.

I BELIEVE THAT THE COMMISSION FORTH THE PROPOSED AMENDMENT TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION OF APPROVAL, UNDERSTANDING THAT, UH,

[00:35:01]

IS THERE SECOND? I'LL SECOND.

OKAY.

ALL THOSE IN FAVOR PLEASE SAY AYE.

AYE.

AYE.

AYE.

UNANIM WILL BE FORWARDED ON TO THE BOARD OF SUPERVISORS.

THANK YOU.

OUR

[VII. Consent Agenda]

MR. CHAIRMAN, I MOTION THAT WE APPROVE THE CONSENT AGENDA AS PRESENTED A SECOND.

DO WE HAVE TO, YES, THERE IS A SECOND, BUT DO WE HAVE TO ADD ON ANY OF THE ONES THAT WERE THE PREVIOUS FOUR TO THE CONSENT AGENDA? LIKE ADD THE, ADD THAT ON AS WELL TO ADVERTISE? OR HAS THAT ALREADY BEEN DONE? THAT'S A SHORT, IN MY OPINION, YOU HAD PREVIOUSLY AUTHORIZED THOSE TO BE ADVERTISED AND WE DID PART OF THAT ADVERTISEMENT.

WE JUST DIDN'T DO ALL OF IT.

GOT IT.

SO I DON'T THINK WE NEED TO SEEK NEW PERMISSION.

WE'VE ALREADY GOT THAT PERMISSION FOR YOU ON THOSE ITEMS THEN I'LL SECOND ALL, ALL THOSE IN FAVOR? AYE.

OPPOSED? AYE.

THANK YOU VERY MUCH.

NEXT NEW

[VIII.A. CUP2023-12-02 – Catholic Diocese of Arlington - A request for a conditional use permit for a Church. The property is located at (0) W. Criser Road and identified on tax map 28, lot 128. The property is zoned Agricultural (A) and located in the Criser Road LLC – Eastham subdivision and in the South River Magisterial District. - Chase Lenz, Zoning Administrator]

REQUEST FOR CONDITIONAL USE PERMIT FOR A CHURCH PROPERTY LOCATED AT ZERO WEST RYSER ROAD IDENTIFIED ON TAX MAP 28 LOT 1 28.

PROPERTY OWNED AGRICULTURAL LOCATED IN, LOCATED IN THE REISER ROAD, LLC EASTHAM SUBDIVISION AND IN THE SOUTH RIVER MAGISTERIAL DISTRICT, MR. WELLS.

THANK YOU MR. CHAIRMAN.

YES.

SO WE HAVE PRESENTED THIS AS NEW BUSINESS.

UH, IT IS PENDING A CURRENTLY AN OUT OF TOWN UTILITY CONNECTION APPLICATION THROUGH THE TOWN OF FRONT ROYAL.

AND, UH, THE AGREEMENT BETWEEN THE TOWN AND COUNTY, UH, IS, UM, THAT THIS PROCESS MUST BE COMPLETED BEFORE THE COUNTY TAKE ANY ACTION ON A CONDITIONAL USE PERMIT.

AND SO THEY ARE CURRENTLY GOING THROUGH THAT PROCESS LAST NIGHT, THE BOARD AUTHORIZED THAT APPLICATION, SO WE'LL BE SUBMITTING THAT, UH, TO THE TOWN OF FRONT ROYAL, UM, WITH THE APPLICANT.

UH, AND THEN THAT WILL BE IN, IN THE TOWN COUNCIL'S HANDS AT THAT POINT.

THE APPLICANT HAS INDICATED THAT IF THEY DO NOT GET THAT, UH, APPROVAL, THEY'RE NOT AUTHORIZED TO CONNECT, THEY WILL, UH, SEEK A PRIVATE, WELL SEPTIC, UH, FOR THE PROPERTY.

SO THEY NEED THAT QUESTION ANSWERED FIRST.

UM, BUT ONCE THEY HAVE THAT ANSWER, WE'LL PROCEED THIS THROUGH THE, UH, PUBLIC HEARING PROCESS AS CONDITIONAL USE PERMIT FOR, UH, CHURCH.

OKAY.

ANY DISCUSSION, COMMENTS? NO.

THANK YOU.

WE'LL MOVE ON TO OUR NEXT ONE.

OUR 20 23 12 0 1

[Items VIII.B & VIII.C]

A 5.04 ACRE PARCEL FROM AGRICULTURAL TO COMMERCIAL PROPERTY IS LOCATED 99 CEDAR PARK COURT IDENTIFIED ON TAX MAP 12 E IS LOT SIX PROPERTY IS LOCATED NORTH RIVER VANTAGE STEREO DISTRICT AND PROPOSED BUYRIGHT LAND USE IS FOR A HOTEL SLASH MOTEL AND ENCLOSED STORAGE FACILITY.

THE FUTURE LAND USE ZONING MAP IS IN THE COMPREHENSIVE PLAN AND IS SHOWN AS COMMERCIAL ZONING FOR THIS PROPERTY, MR. LING.

ALRIGHT.

UM, THE APPLICANT HAS PROVIDED US WITH A POWERPOINT THIS EVENING.

UM, I DO NOT SEE THE APPLICANT HERE, SO, UH, BUT WE'LL GO THROUGH THE POWERPOINT AS BEST WE CAN.

AND, UM, JUST KIND OF GET AN IDEA OF WHAT THEY'RE DOING.

THEY HAVE RESUBMITTED A CONCEPTUAL PLAN THAT TOOK THE SELF STORAGE OUT OF THE, UH, EQUATION AT THIS POINT IN TIME.

THEY SHIFTED THE, UH, HOTEL BACK TO THE NORTH AND THEY, THEY ARE PROPOSING A RESTAURANT TO THE SOUTH.

UM, SO GO AHEAD AND CLICK ON, THIS IS JUST AN, AN INTRODUCTION TO THEM.

UM, THEY ARE, THE APPLICANTS ARE REPRESENTING, UM, MR. PATEL, UH, WITH BELLA HOSP HOSPITALITY.

UM, AND AGAIN, THEY HAVE SOME EXPERIENCE IN, IN OPERATING HOTELS AND WHATNOT.

SO, UM, THAT'S A PRETTY TOUGH ONE.

THEY WERE PROPOS, LET ME, UH, GET UP A LITTLE CLOSER.

UH, SO THEY'RE PROPOSING A FIVE STORY, 107 ROOM BEDROOM HOTEL.

IN MY, UH, INITIAL STAFF REPORT, I PUT THAT THEY WERE,

[00:40:01]

SO THAT WILL BE MODIFIED IN THE CONDITIONS AND IN THE, UH, STAFF REPORT FOR THE NEXT MEETING.

UM, FUTURE, UH, FAST CASUAL RESTAURANT.

AGAIN, THAT'S, IF YOU LOOKED AT THE ORIGINAL CONCEPT, THE, UH, SELF STORAGE WAS TO THE NORTH OF THE HOTEL.

THIS, THIS RESTAURANT WILL BE TO THE SOUTH OF THE HOTEL, UH, RIGHT ADJACENT ACTUALLY TO THE CURRENT MARRIOTT.

WE'RE JUST AROUND THE CORNER FROM IT.

UH, THEY DO ARE LOOKING AT THE FU UH, A STRIP RETAIL DEVELOPMENT TO THE WEST OF CAROLINE COURT THAT ACCESSES AND WILL BISECT THAT PROPERTY.

UM, AND IT, AS HE STAYED HERE, IT'S ABOUT 10,000 SQUARE FEET.

SO THAT WOULD BE KIND OF SOME SERVICE, UH, BUSINESSES, MAYBE EVEN A COFFEE BUSINESS, SOMETHING LIKE THAT.

UM, SO THE CONSTRUCTION EXTENSION DOES REQUIRE THEM TO EXTEND IT.

AND I'M GONNA GET AWAY ALSO FROM, UH, CAROLINE COURT WHERE IT EXISTS NOW THROUGH THE PROPERTY.

UM, THAT IS PART OF OUR TRANSPORTATION PLAN FOR THE PARALLEL CONNECTOR.

SO THEY ARE INCLUDING THAT.

UM, WHICH, UH, IS ACCORDING TO OUR COMP PLAN, UH, IT DOES MEET THE REQUIREMENTS OF THE COMP PLAN FOR FUTURE LAND USE FOR, UH, COMMERCIAL AT CAROLINA DRIVE.

IT, IT WAS CONSTRUCTED VIA THAT STANDARDS.

UM, ON ONE SIDE OF IT, , UH, THERE'S AN ADDITIONAL SIDE THAT AT THE TIME MARRIOTT CAME THROUGH, THE CHURCH HAD NOT AGREED TO MAKE THE IMPROVEMENTS.

SO, UM, THERE MAY BE SOME COMMENTS FROM VDOT REQUIRING AT LEAST A MINIMUM OF WHAT WOULD NEED TO BE DONE TO THAT PORTION.

AND THE, THE, UH, UH, APPLICANT HAS AGREED TO SOME EXTENT, DEPENDING UPON JUST HOW MUCH THEY HAVE TO DO, UH, AND THEY WOULD PROFFER THAT AS PART OF THE, UH, UH, REZONING.

SO, OKAY, GO AHEAD AND WAIT.

SO THERE, THERE IS THE SITE.

UM, RIGHT NOW IT'S, IT'S A RESIDENTIAL USE.

UM, CEDAR PARK COURT SERVES, I THINK ABOUT SIX OR SEVEN HOUSES BACK THERE.

THE WHOLE AREA OF CEDAR PARK COURT IS IN THE FUTURE.

LAND USE FOR COMMERCIAL, UH, PORTION OF THE PROPERTY IS WITHIN THE HIGHWAY CORRIDOR OVERLAY.

IT KIND OF BISECTS MAYBE ALMOST A LITTLE OVER HALF OF IT.

SO, UM, I WOULD SAY BECAUSE OF THE PROXIMITY AND OBVIOUSLY THE, THE APPLICANT WILL AGREE WITH THIS, THAT, YOU KNOW, FOR AESTHETIC PURPOSES, THEY'LL, THEY'LL WANT TO MEET ALL THOSE REQUIREMENTS FOR THE HIGHWAY CORRIDOR OVERLAY.

UH, AGAIN, IT'S, IT SHOWS IT'S FIVE ACRES IN ZONE AGRICULTURE THIS TIME.

GO AHEAD.

SO YEAH, THERE'S OUR FUTURE LAND USE MAP.

YOU CAN SEE, UM, JUST NORTH OF THE 66TH AND, UH, THREE 40, UH, INTERSECTION THERE.

IT'S PRIMARILY COMMERCIAL.

WE HAVE THAT ON BOTH SIDES OF THE HIGHWAY THERE.

AND SO, UM, UH, THAT IS FUTURE LAND USE FOR COMMERCIAL.

IT KIND OF JUST MAKES SENSE.

AND EVENTUALLY, UH, WITH TIME THERE MAY BE OTHER PROPERTIES WITHIN CEDAR PARK COURT THAT WILL WANT TO REZONE AND, AND GO INTO A COMMERCIAL LAND USE AND THEY'RE SHOWING IT RIGHT THERE.

THERE YOU GO.

UM, YEAH, SO AGAIN, UH, THEY'RE, THEY'RE GONNA KEEP AND KEEPING WITH THE COUNTY'S FUTURE LAND USE GOALS IN THIS AREA.

THEY, AND THEY DON'T, THEY CERTAINLY DON'T PLAN TO HAVE ANY ADVERSE IMPACTS IN SURROUNDING PROPERTIES.

UH, WE WILL HAVE A, UH, SITE PLAN REQUIREMENT, OBVIOUSLY.

AND SO WE WILL LOOK AT ALL THE LANDSCAPING BUFFERING AND LIGHTING AND ALL OF THOSE THINGS.

AND THERE YOU GO.

THERE'S SHOWING JUST WHERE IT'S AT.

SO, UH, YEAH.

AND THEN THE COMMERCIAL DEVELOPMENT FOR A HOTEL IS A BUY RIGHT USE, UH, IN THE COMMERCIAL ZONING DISTRICT.

UM, WE DO REQUIRE THE CONDITIONAL USE BECAUSE IT IS, UH, ABOVE 40 FEET, WHICH IS WHAT OUR LIMIT IS.

UM, AND SO THEY'RE REQUESTING THE 62 FOOT, UM, BY CEP SUBDIVISION, ANOTHER PROPERTY TO PLACE PROPERTY OWNER ON PARCEL.

UM, WE WILL ADDRESS THAT, YOU KNOW, AS THEY, UH, MOVE FORWARD WITH THIS,

[00:45:01]

UM, AND, AND, UH, THE LAND USE ITSELF.

WE'LL LOOK AT DOING THE SUBDIVISION.

UM, WHAT WILL BE NEEDED FOR THAT.

SO, UM, OKAY, THAT'S ALL THAT, AND THERE'S YOUR CONS CONCEPTUAL PLAN AGAIN.

UM, YOU CAN SEE IN THE LOWER PORTION THERE AND THE GREEN WHERE THAT WOULD BE THAT FUTURE RESTAURANT DEVELOPMENT.

UH, AND WHAT THEY'VE DONE IS THEY'VE VIRTUALLY, THEY'VE JUST SHIFTED THE WHOLE, UH, HOTEL UP.

UH, IT WOULD PROBABLY ALLOW IT TO BE A LITTLE BIT MORE VISIBLE FROM 5 22 3 40 INSTEAD OF BEING KIND OF HIDDEN BEHIND THE, UH, THE CURRENT MARRIOTT.

SO THAT MIGHT BE BENEFICIAL TO THEM FROM A MARKETING AND AND ACCESS STANDPOINT.

UM, AND AGAIN, THEY WOULD, UH, IF YOU LOOK AT THE ACCESS ROAD, UH, CAROLINE COURT ON THE SOUTH, PART OF THE, THE LOWER PART OF THAT, THAT WOULD HAVE TO BE IMPROVED TO THE EXTENT, UH, FOR THE ACCESS THROUGH THAT PROPERTY.

AND THEN TO THE LEFT, THERE IS WHERE THEY PROPOSE THAT STRIP MALL AREA OR STRIP PLAZA AREA FOR RETAIL.

AND, UH, YEAH, THERE YOU GO.

SO YOUR FIVE STORY HOTEL, HUNDRED SEVEN BEDROOMS, UH, THEY DON'T PLAN ON, ON ACCESSING THROUGH CEDAR PARK COURT.

YOU CAN SEE BY THE, THE PROPOSED CONCEPTUAL PLAN.

THERE'LL BE SOME LANDSCAPING THAT WILL CREATE SOME BUFFERING AND SCREENING FOR THEM.

UM, WE'LL REVIEW THAT.

THEY WILL HAVE, UH, UH, HAVE TO USE WATER AND SEWER SURVEY, THE TOWN, AND WE DO HAVE THAT AGREEMENT IN PLACE WITH THE TOWN.

AND THEN STORMWATER, UH, MANAGEMENT PLAN WILL BE REQUIRED BY, UH, THE STATE AND, AND, UH, THE, UH, COUNTY BUILDING OFFICIAL HAD MADE HIS COMMENTS RELATING TO THAT.

SO, UM, SO THEY'RE KIND OF GETTING INTO SOME OF THE DETAILS RELATING TO CAROLINE DRIVE EXTENSION.

AND IT IS A 60 FOOT RIGHT OF WAY DEDICATION AGAIN, UH, THAT IS, UH, DESIGNED TO BE THAT STANDARD TO BE BROUGHT INTO THIS, UH, SYSTEM.

I, I'M NOT ABSOLUTELY SURE IF THE PORTION OF CAROLINE COURT IS NOW IN THE SYSTEM.

I KNOW IT WAS BUILT TO STATE STANDARDS FOR THE MARRIOTT, BUT I DON'T KNOW IF THEY'VE ACTUALLY ADOPTED IT IN BECAUSE OF THE ONE SIDE OF IT NOT BEING BUILT TO STATE STANDARDS.

SO WE WOULD WORK WITH THEM AND AGAIN, WE TRY AND GET, UH, TALK TO THE APPLICANT ABOUT SOME PROFFERS RELATING TO THAT AND MAKE SURE THAT THAT, UH, THAT ROAD WAS PROPERLY, UH, BROUGHT UP TO THE STANDARDS FOR VDOT.

SO IF YOU CAN GET ADOPTED IN THE SYSTEM, WE'RE TRYING TO, IF YOU CAN KIND OF SEE THE TRANSPORTATION PLAN, IT'S LIKE A LITTLE BIT OF A PUZZLE.