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At a regular meeting of the Board of Supervisors of the County

of Warren held in the Warren County Government Center on May 20,

2014 at 7:00 p.m.

Present: Daniel J. Murray, Jr., Chairman (North River

District); Linda P. Glavis, Vice-Chairman (South River

District); Tony F. Carter, (Happy Creek District);

Richard H. Traczyk, (Shenandoah District); Archie A.

Fox (Fork District); also Douglas P. Stanley, County

Administrator; Blair D. Mitchell, County Attorney;

Robert B. Childress, Deputy County Administrator;

Carolyn W. Stimmel, Finance Director; Taryn G. Logan,

Planning Director; David Beahm, Building Official; Dan

N. Whitten, Assistant County Attorney; Matt Wendling,

Planner; Janice C. Standridge, Deputy Clerk of the

Board; Alex Bridges, Northern Virginia Daily; Roger

Bianchini, Warren County Report; and Joe Farruggia,

Warren Sentinel

Absent: None

Adoption of Agenda - Additions or Deletions

Mr. Stanley asked that the Board add to the consent agenda

a request to loan $1 million from the fund balance to the

Economic Development Authority for the Leach Run Parkway

project. He also asked that the Board add to the closed meeting

a discussion on the acquisition of real property for public

purposes and an appointment to the Community Policy and

Management Team.

On a motion by Mr. Traczyk, seconded by Mrs. Glavis and by

the following vote, the Board of Supervisors adopted the agenda

as amended:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Public Presentations – Public Presentations are limited to

issues that are not the subject of a public hearing. It is

intended as an opportunity for the public to give input on

relevant issues and not intended as a question and answer

period.

Mr. Richard Hoover, Chairman of Lord Fairfax Soil and Water

Conservation District (LFS&WCD), noted that the LFS&WCD promoted

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conservation among the community’s youth providing classroom-

ready presentations, annual environthon competition in which two

of this year’s high school teams would continue to the statewide

tournament, field day events for middle school students in

Warren and Frederick Counties, poster contests, and

scholarships. The LFS&WCD Education and Information Committee

was so enthused by Sydney Tomechko’s application, it decided to

award her a District Scholarship of its own for her outstanding

4.0+ academic record at Warren County High School. Ms. Tomechko

was a graduating senior. Her impressive environmental

achievements included being a cutting-edge volunteer observer

for the Smithsonian observing the current nesting season. She

had traveled to Ecuador, Austria, and the Galapagos Islands in

pursuant of her dreams. Mr. Hoover presented Ms. Tomechko the

District Scholarship Award of $750. He introduced Ms. Tomechko.

Ms. Tomechko thanked Mr. Hoover and the Lord Fairfax Soil

and Water Conservation District for the award. She said she

always wanted to enter an environmental field, specifically

conservation biology. She said she had been blessed to pursue

her dream through various programs at the Smithsonian. She

thanked her parents for their support and encouragement. She

added that she would attend Indiana University of Pennsylvania

to study conservation biology.

Reports - Board Members, County Administrator, County Attorney

Mr. Carter said he did not attend the Wine and Craft

Festival, but he understood it was very successful and he

congratulated the Chamber of Commerce.

Mr. Carter noted the severe rain event on May 16. He

thanked the volunteers, local law enforcement, and fire and

rescue personnel who responded to the emergencies caused by the

rising water.

Mr. Traczyk reported he had attended the Town/County

Liaison Committee meeting during which they discussed the

following items:

New guidelines for the Liaison Committee for 2014

Town law enforcement assisting with the enforcement of

rules and regulations at the skate park.

Route 340/522 North Corridor. Mr. Murray and he made it

clear that the Board was not interested in the annexation

of any part of the corridor. They had explained that any

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success in annexation would result in lost revenue to the

County resulting in increased taxes as those funds were for

the school systems. The Town was paying $60,000 to do

their own study of the corridor. The Town referred to the

County’s study conducted by Springsted as being bogus.

Boundary adjustment on Happy Creek.

The Town’s loop study to provide water in the northern leg

of the County, which will follow along the Morgan Ford

Bridge. He had explained that a lot of the land in that

was under conservation easements and the property owners

were very resistant to any change.

Consolidation – The Town wanted to wait until the final

financial study was complete.

Mrs. Glavis reported that she attended the Community Policy

and Management Team meeting on May 20. She was pleased to have

parent representative Ms. Christine Binnix as part of that team.

Mr. Fox reported that he attended Samuels Public Library

Board meeting and the Library planned to use the extra $40,000

the County allotted them for salary increases rather than open

on Sundays.

Mr. Stanley reported the following:

Flood Damage – The County incurred significant damage from

the flooding on May 15 and 16. Damage included:

o The Shenandoah Farms Sanitary District had significant

washout damage with approximately 85% of the 40+ mile

road system impacted by flood waters and/or heavy rains.

There were a few downed trees and limbs. The vast

majority of the road system suffered only minor surface

damage which primarily consisted of small ruts washing

stone off the road surfaces filling up drainage ditches

and culverts. As culverts filled up and blocked

drainage, the wash out problems intensified in certain

areas, especially on steeper hills. A few roads,

primarily along Venus Branch Creek suffered significant

damage. Portions of Old Oak Lane and Thompson Mill Road

were completely washed out in places and impassable for a

time. As the flood waters receded both roads were opened

and passable by late afternoon on May 16. The initial

cost estimate for repairs was approximately $50,000 to

$75,000.

o The park system had significant damage; particularly at

Lions Park, Seide Park, and Gertrude Miller Park. Both

of the softball fields and Champs 53 field along Happy

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Creek were destroyed and needed to be rebuilt and all of

the outfield fences needed to be replaced. Some asphalt

adjacent to the concession stand at the Champs 53 field

needed to be repaired. Split rail fence in several areas

needed to be replaced, shelters needed to be thoroughly

cleaned, litter containers needed to be reinstalled,

playground equipment needed to be thoroughly cleaned, and

mulch needed to be replaced. In the Miller Park the

entrance sign needed to be replaced, other park signs

needed to be reinstalled, the volleyball court needed new

sand, and debris needed to be removed throughout the

entire park.

o Staff worked over the weekend and will probably work

Saturday, May 24 to complete the repairs, etc. He noted

that a wedding took place at Bing Crosby on May 18 and

staff was able to clean up the shelter for their use for

the reception. He commended staff for all their efforts.

o As of May 19 ten VDOT maintained gravel roads were still

closed including the Indian Hollow and Morgan Ford low

water bridges. With the exception of Indian Hollow and

Morgan Ford, VDOT was able to open the roads.

Reassessment – To date approximately 11,207 of the 26,451

parcels had been completed. Appraisers may take photographs

and knock on doors to verify information. Each vehicle

used by Wingate was marked with magnetic signs that read

“Real Estate Assessment – Wingate Appraisal Service”.

Development Review Committee – The Development Review

Committee met on April 23, 2014. The Committee discussed

several projects in the County including: two new

applications for short-term tourist rentals, proposed

retreat center, doughnut shop at Riverton Commons, Marriott

Hotel, possible fast-food restaurant in Linden, and

subdivision variance application for Blue Ridge Shadows.

The Committee also discussed several projects in the Town

including: special use permit application for a bed and

breakfast, new Middle School rezoning application, site

plan application for upgrades to the Wastewater Treatment

Plant, proposed Hookah Lounge, Health and Human Services

Complex, new bakery on Main Street, potential new business

on Water Street, and possible re-location of a restaurant

to Commerce Avenue.

Capital Improvement Plan (CIP) – The Board approved the FY

2014-2015 CIP at its meeting on April 15. A copy of the

plan was on the County’s website under resources.

Dominion Project – The project was approximately 87%

complete with about 962 employees on site. The employee

totals should continue to drop about 100 per month until

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completion of the project.

Department of Environmental Quality held a public hearing

on the modifications for its air permit on May 12. The

proposed amendment, as stated in the application, would not

substantially change air quality impacts as compared to the

original permit application. Results of the updated air

quality analyses for the facility for both Class I and

Class II PSD areas demonstrated compliance with all

applicable state and federal air quality standards.

RSW Regional Jail – The facility was substantially

complete. A ribbon cutting was scheduled for June 17, 2014

at 10:00 a.m. and open house from 12:00 p.m. to 4:00 p.m.

Leach Run Parkway – Final plans will be submitted to VDOT

the week of May 19 for approval. It was anticipated that

the project will be bid in June with bids due in July.

County and EDA staff were working with Davenport and the

Virginia Resource Authority on financing the project.

In response to in inquiry from Mr. Carter, Mr. Stanley

noted that the County would probably not be declared a disaster

area, but the County did have insurance with a $25,000

deductible.

Mr. Mitchell reported the following:

His office had been working on a number of title

examinations for the airport and Catlett Mountain landfill.

Assistant County Attorney Dan Whitten was drafting a number

of ordinance amendments that will come before the Board

shortly.

His office participated in a loan funding for the Economic

Development Authority for additional small business loans.

Mr. Murray reported the following:

He attended the Wine and Craft Festival and it was well

attended. Considering the severe storm on Friday, he

commended everyone who was involved in the cleanup in

preparation of the festival the following day.

He attended the Airport Commission meeting. He noted that

volunteers were needed for the Air Show and USO Show.

He met with a resident regarding on the Morgan Ford Bridge.

He had received some calls regarding sewage in basements

that he directed to the Town.

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Report – Northern Shenandoah Valley Regional Commission’s

Workshop on Virginia Stormwater Management Permit Process –

David Beahm

Mr. David Beahm, County Building Official, noted that on April

30, 2014 the Northern Shenandoah Valley Regional Commission (NSVRC)

held a one-day workshop on the upcoming changes to the Virginia

Stormwater Management Permit (VSMP) process. It focused toward

local government staff, contractors, developers, engineers, and

site operators. The workshop was funded through a grant that the

Commission from the Center for Watershed Protection (CWP). It

focused on compliance requirements of the Construction General

Permit and the building and inspections of new Best Management

Practices (BMPs).

The meeting was attended by sixteen people in addition to the

two instructors from CWP, but the absence of contractors,

developers, and site operators was noted. There were three

engineering firms represented (Greenway, Pennoni, and Potesta), one

representative from the Friends of the Shenandoah River, Lord

Fairfax Soil and Water Conservation District, NSVRC, and University

of Maryland Environmental Finance Center. Four jurisdictions were

represented with two representatives from Page County, two from

Rockingham County, two from Shenandoah County and one from Warren

County. The remaining three attendees were from the Virginia

Department of Environmental Quality (DEQ) Harrisonburg office.

While a portion of the workshop covered the history and

evolution of the Virginia Erosion and Sediment Control (ESC) and

Stormwater Management (SWM) programs, it stressed the new

requirements that will take place, whether the locality and/or DEQ

would administer the program, effective July 1, 2014. It covered

the requirements of what was expected from the new plan review,

inspection process, and ongoing requirements once the project was

completed.

The workshop addressed some of the items that still remain

unanswered within the program such as “qualified personnel.”

Within the Erosion and Sediment Control program a qualified

individual would be a Responsible Land Disturber (RLD) qualified to

sign for permits and maintain the site during the entire project,

but there was no relation between an RLD and qualified personnel.

Under ESC program an RLD must be certified through testing, but

this was not addressed in the VSMP program.

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The workshop addressed the importance of plan details as well

as the Pollution Prevention (PP) plan. The PP plan was required to

be maintained on a daily basis and in a form accessible to the

public at all times. The PP plan addressed items such as how the

disposal and/or spills of chemicals would be handled and the

location of port-a-potties. Emphasis was placed on very detailed

record keeping.

Participants received adequate answers to questions on the

program. The program will be modified by the Environmental

Protection Agency (EPA) if the definition of “waters of the U.S.”

is amended. This amendment is open for public comment until July

21, 2014 through the internet or mail. The National Association of

Counties’ (NACo) position was this would directly affect all road

side ditches and possibly beyond. He urged the public, regardless

of their position on this matter, to provide their comments during

this period. For further information interested parties should

contact Julie Ufner at [email protected] or (202) 942-4269.

CWP was extremely helpful in disseminating information

regarding the program and would continue to be an excellent

resource if the NSVRC continued to receive grant money.

In response to an inquiry from Mr. Fox, Mr. Beahm noted that

specific water qualities had to be maintained under the erosion and

sediment control program, so prior to July 1 the County would have

to amend Chapter 150 of the Warren County Code to include that

requirement. The new regulations would be more stringent and

require more detailed documentation.

Mr. Murray asked if local builders would have to be trained.

Mr. Beahm commented that was the purpose of the workshop. The

local Builders' Association as well as a few key contractors had

been notified, but they were not present. He expected that more

training would be available.

On a motion by Mr. Traczyk, seconded by Mrs. Glavis, and by

the following vote, the Board of Supervisors supported the

recommendation of the stormwater management permit process as

presented:


Approval of Minutes – Regular Meeting of May 6, 2014

On a motion by Mrs. Glavis, seconded by Mr. Traczyk, and by

mailto:[email protected]

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the following vote, the Board of Supervisors approved the

minutes of its regular meeting of May 6, 2014 as written:


Additional Appropriations and Transfers

Mrs. Glavis noted that the revenue summary showed that two

months from the end of the fiscal year 91% of the revenues had

been collected under cost recovery items and she asked if the

remainder of the appropriated amount was expected to be

collected. Mrs. Stimmel felt that the remainder would be

collected.

Mrs. Glavis noted that the expenditure summary showed that

two months from the end of the fiscal year, 25% had been

expended. Mrs. Stimmel noted that funds had not yet been

transferred for all expenses.

On a motion by Mrs. Glavis, seconded by Mr. Fox, and by the

following vote, the Board of Supervisors approved the additional

appropriations and transfers shown below:


ADDITIONAL APPROPRIATIONS

53090-5629 Other Social Services - Warren Coalition Grant 4,042.69

Special Projects 52,936.18

92000-7103 Capital Outlay - Second Middle School 253,679.61

School Operating Fund 30,500.00

TRANSFERS FROM: 11010-3007 Board of Supervisors - Advertising (620.00)

TO: 11010-5203 Board of Supervisors - Telephone 20.00

11010-5850 Board of Supervisors - Employee Service Awards 100.00

11010-6002 Board of Supervisors - Employee Testing 500.00 FROM: 12040-5411 County Admin. - Books and Subscriptions (300.00)

TO: 12040-5201 County Admin. - Postage 300.00 FROM: 12090-3002 Commissioner of Rev. - Comp. Program Costs (2,000.00)

12090-3004 Commissioner of Rev. - Repairs Office Equipment (726.00)

12090-3009 Commissioner of Rev. - DMV Computer Service (42.52)

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12090-5201 Commissioner of Rev. - Postage (805.22)

12090-5401 Commissioner of Rev. - Office Supplies (2,465.24)

12090-5408 Commissioner of Rev. - Operation of Motor Vehicles (435.00)

TO: 12090-3018 Commissioner of Rev. - Outsourced Printing 3,573.74

12090-5801 Commissioner of Rev. - Dues & Memberships 435.00

12090-7007 Commissioner of Rev. - Computer Equipment 1,585.93

12090-7008 Commissioner of Rev. - Computer Software 834.77

12090-8001 Commissioner of Rev. - Leased Equipment 44.54 FROM: 71010-1003 Parks & Rec. Admin. - Part Time Salaries (13,000.00)

Special Projects (17,000.00)

TO: 71010-3002 Parks & Rec. Admin. - Professional Services 13,000.00

71010-7007 Parks & Rec. Admin. - Computer Equipment 17,000.00 FROM: 71010-1003 Parks & Rec. Admin. - Compensation Part Time (6,125.00)

71010-5402 Parks & Rec. Admin. - Food (2,200.00)

71010-5403 Parks & Rec. Admin. - Beverages (2,500.00)

TO: 71010-1001 Parks & Rec. Admin. - Compensation 4,425.00

71010-3005 Parks & Rec. Admin. - Maintenance Service Contracts 2,900.00

71010-3007 Parks & Rec. Admin. - Advertising 2,500.00

71010-5201 Parks & Rec. Admin. - Postage 400.00

71010-5431 Parks & Rec. Admin. - Security System 600.00 FROM: 71010-1003 Parks & Rec. Admin. - Compensation Part Time (20,500.00)

71010-5308 Parks & Rec. Admin. - Accidental Injury Insurance (250.00)

71010-5504 Parks & Rec. Admin. - Travel and Training (500.00)

TO: 71010-5201 Parks & Rec. Admin. - Postage 500.00

71010-5801 Parks & Rec. Admin. - Dues and Memberships 750.00

71030-1001 Parks & Rec. Maintenance - Compensation 20,000.00 FROM: 71030-7013 Parks & Rec. Maintenance - Recreation Facilities (7,718.63)

TO: 71030-1003 Parks & Rec. Maintenance - Part Time Compensation 7,718.63 FROM: 71030-5101 Parks & Rec. Maintenance -Electric Service (50,000.00)

TO: 71030-5402 Parks & Rec. Maintenance - Auto Maintenance 30,000.00

71030-5408 Parks & Rec. Maintenance - Op. of Motor Vehicles 20,000.00 FROM: 91000-5899 Non-Departmental - Reserve for Contingencies (5,000.00)

TO: 81050-5613 Economic Development - Power of Partnerships Alliance 5,000.00 FROM: 92000-7011 Capital Outlay - Central Telephone System (10,000.00)

92000-7040 Capital Outlay - Tax Mapping (10,000.00)

92000-7043 Capital Outlay - N. Warren VFD Building (5,000.00)

92000-7048 Capital Outlay - Avtex Soccer Fields (35,000.00)

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92000-7050 Capital Outlay - Bing Crosby Stadium (10,000.00)

92000-7061 Capital Outlay - Fishnet Property (100,000.00)

92000-7074 Capital Outlay - County 20 Yr. Capital Improvement Plan (50,000.00)

92000-7077 Capital Outlay - Linden/Dismal Hollow New Conv. Site (45,000.00)

92000-7096 Capital Outlay - Fork Park (25,000.00)

TO: Special Projects 290,000.00 FROM: 92000-7018 Capital Outlay - Economic Development (72,000.00)

Special Projects (12,248.65)

TO: 92000-7105 Capital Outlay - Leach Run Parkway 72,000.00

92000-7079 Capital Outlay - Catlett Mountain Landfill 12,248.65

Approval of Accounts


the following vote, the Board of Supervisors approved the list

of accounts:


Checks: 258627-258963 Total: $1,314,480.89

Consent Agenda

1. Acceptance of Conservation Easement Deed from Notre Dame

Properties, LLC for 90 Acres off Reliance Road – Blair

Mitchell

2. Waiver of Building Permit Fees for Warren County

Fairgrounds – David Beahm

3. Authorization to Advertise for Public Hearing – Proposed

Ordinance to amend Warren County Code Section 82-4 to add

Linden Heights Sanitary District – Dan Whitten

4. Purchase of Four Vehicles for the Sheriff’s Office at a

cost of $110,213.70 – Danny McEathron

5. Purchase of John Deere 624K Rubber Tire Front End Loader

Replacement for Transfer Station – Mike Berry

6. Authorization to Use $2,500 from Warren County Educational

Foundation’s Scholarship Funds and $9,500 Contribution by

Carl & Emily Thompson Charitable Trust for Award of Four

$3,000 Scholarships – Doug Stanley

7. Coyote Bounty - $50 – John Scott Thomson – Animal Control

8. $1 Million Loan to Economic Development Authority for Leach

Run Parkway – Jennifer McDonald/Doug Stanley

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On a motion by Mrs. Glavis, seconded by Mr. Traczyk, and by

the following vote, the Board of Supervisors approved the above

consent agenda items:


Public Hearing - Proposed Secondary Six-year Plan for FY 2015-20

and Secondary System Construction Budget – Ed Carter, VDOT

Mr. Ed Carter, Assistant Residency Administrator for the

Virginia Department of Transportation (VDOT), commended the

Sheriff’s Office and Fire and Rescue Services for responding to

a serious accident involving a tanker truck on Interstate 66 on

May 16.

Mr. Carter gave a PowerPoint presentation on the proposed

Warren County Secondary Six-year Plan for Fiscal Years 2015/16-

2019/20. He pointed out that while the County’s proposed

allocation was greater than what was available prior to the new

transportation package, it was less than what was projected.

Mr. Carter reviewed each of the projects, e.g. funding sources,

category, type of improvement, and timeframe.

Mr. Murray opened the public hearing.

Mr. Doug Rosen, 277 Ashby Lane, and Chairman of the Warren

County Planning Commission, spoke in support of paving one mile

of Route 639 (Ashby Station Road) according to the guidelines of

VDOT’s Rural Rustic Road program. He understood this road was

100 years old and the Rural Rustic Road program would provide a

perfect opportunity to pave this road, which would eliminate

muddy and unsafe conditions, dust storms, unsafe conditions

driving on gravel, recurring potholes, constant calls to VDOT,

and constant cost for materials and labor to maintain the road.

He felt paving the road would enhance the area. The need to

pave this road had been discussed for the last 28 years.

Mr. James McManaway, 30 Jasper Lane, President of Blue

Mountain Property Owners Association, requested that 2.2 mile of

Blue Mountain Road be paved according to the Rural Rustic Road

standards. He pointed out that only four days ago this road was

the only road that could be used to exit Blue Mountain and

Shenandoah Farms due to heavy rain closing other roadways. He

added that this had happened in the past for as long as a week

at a time during flood events. He commented on the dust

situation during dry weather and mud during wet conditions and

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the uneven road surface that created intolerable wear on the

property owners’ vehicles. He noted that this road had been on

the Six-year Plan since 1999.

Mr. Michael Stoval, 857 Seven Oaks Drive, asked that VDOT

consider a scheduled maintenance program for Route 631 (William

Vincent). He understood the road had been on the Six-year Plan

for eleven years and the pothole situation was increasing every

year and culverts needed to be installed.

Mr. Wells R. Bill, 25 Russell Lane, showed pictures of

damage to Rocky Lane caused by the recent heavy rains. The sign

that indicated high water had not been displayed so people

continued to use the road endangering themselves and others. In

2012 there were three warnings given to various entities

regarding this situation. One was to Mr. Clifford Balderson,

Residency Administrator for VDOT. The second was in a meeting

with Mrs. Glavis, Mr. Stanley and others. The third time was

during a Board of Supervisors’ work session during which Mr.

Balderson agreed that the culvert pipe was insufficient to

handle the flow, but he said in essence, “The juice was not

worth the squeeze.” Mr. Bill said a vehicle could not pass

another and he suggested that VDOT close the road to through

traffic or install signage to allow one-way traffic.

There was no further input by the public. Mr. Murray

closed the public hearing.

Mr. Carter made a motion, seconded by Mr. Fox, that the

Board of Supervisors adopt the proposed resolution shown below

approving the Secondary Six-Year Plan for Fiscal Years 2015/16-

2019/20 and construction budget for Fiscal Year 2015 adding the

second phase of Oregon Hollow Trail with an allocation of

$2,500.

Mr. Carter said he realized there were many roads that

needed attention and funds were limited. He commented that he

was a proponent of using funds in areas with the highest traffic

counts.

The motion was approved by the following vote:


RESOLUTION RE:

SECONDARY SIX-YEAR PLAN FOR FY 2015/16-2019/20

AND CONSTRUCTION BUDGET FOR FY 2015

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WHEREAS, Sections 33.1-23 and 33.1-23.4 of the 1950 Code of

Virginia, as amended, provides the opportunity for each county to

work with the Virginia Department of Transportation in developing

a Secondary Six-Year Road Plan, and

WHEREAS, this Board had previously agreed to assist in the

preparation of this Plan, in accordance with the Virginia

Department of Transportation policies and procedures, and

participated in a public hearing on the proposed Plan (2015

through 2020) as well as the Construction Priority List (2015) on

May 20, 2014 after duly advertised so that all citizens of Warren

County had the opportunity to participate in said hearing and to

make comments and recommendations concerning the proposed Plan

and Priority List, and

WHEREAS, Edwin Z. Carter, Assistant Residency Administrator,

Virginia Department of Transportation, appeared before the Warren

County Board of Supervisors and recommended approval of the Six-

Year Plan for Secondary Roads (2015 through 2020) and the

Construction Priority List (2015) for Warren County,

NOW, THEREFORE, BE IT RESOLVED that since said Plan appears

to be in the best interests of the Secondary Road System in

Warren County and of the citizens residing on the Secondary

System, said Secondary Six-Year Plan (2015 through 2020) and

Construction Priority List (2015) are hereby approved as amended

following the public hearing.

Public Hearing - Proposed Option to Lease Space on Public Safety

Building Communications Tower to Cellco Partnership – Blair

Mitchell

Mr. Mitchell noted that Cellco Partnership, an entity

affiliated with Verizon Wireless, had been negotiating with County

staff to rent space on the communications tower at the Public

Safety Building to extend cellphone service. After much

negotiation Cellco agreed to a fee of $25,000 per year which was

comparable to other rentals of this type. Under the terms of the

draft proposal, Cellco would obtain an option to lease the space,

and would expect to either terminate the option or enter a lease

within two years. Mr. Mitchell outlined the terms of the proposal

as follows:

Option for 1 year at $1,200 to be paid to County within 45

days of signing the agreement. Automatic renewal for a

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second year, also at $1,200 unless Cellco gives notice that

it wants not to renew.

If exercised, lease to be for 5 years at $25,000 per year,

initially, with 4% annual increases.

Lease to be renewed for 3 additional 5-year terms, unless

either party sends notice to terminate, at least 3 months

before expiration of lease term. At end of 4th 5-year term,

will continue to be renewed for additional 5-year terms

until terminated by either party.

Cellco can terminate any time during lease at end of

anniversary of signing, on 3-months’ notice.

Cellco will pay any applicable taxes.

Cellco can assign lease without approval of County if to

any other Verizon-related entity. Must have County

approval to assign to any entity other than Verizon-

related.

Both parties to maintain $1 million general liability

insurance.

County to furnish certain structural and title assurance

documents to Cellco within 15 days of signing Agreement.

County give Cellco right of first refusal if anyone else

wants to lease the space before Cellco exercises the

option, or if County sells the tower.

Cellco to have 24/7 access to tower for maintenance of

their equipment.

Cellco to remove all equipment at end of lease.

Representing Cellco, Mr. Mike Candland of Mastec, 9020 Mendall

Hall Court, Columbia, Maryland, pointed out that the proposal also

included a clause that during the option period Warren County

Public Safety could actively market this site in the event Cellco

did not lease it.

In response to inquiries from Mr. Murray, Mr. Candland

commented that they would maintain the equipment and shelter.

Should Cellco no longer lease the site, it would remove all

equipment and materials and restore the property to its original

state.

Mr. Murray opened the public hearing. There was no input

from the public. Mr. Murray closed the public hearing.

Mr. Fox asked Mr. Daniel McEathron, Warren County Sheriff, if

he had any concerns about the proposed use of the tower. Mr.

McEathron said he did not feel there were any serious concerns, but

he was concerned about the loss of future parking space expansion

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and aesthetics. Overall, he felt it was good for the County. Mr.

Candland stated that the materials used for their building would

coordinate with the existing structure(s).


the following vote, the Board of Supervisors authorized the

execution of an option/lease agreement with Cellco Partnership

for an option to lease space on the Public Safety Building

communications tower for a period of up two (2) years:


Public Hearing - Proposed Ordinance to amend and re-ordain

Section 180-14(J) of the Warren County Code re: Nonconforming

Billboard Signs – Dan Whitten

Mr. Whitten noted that an amendment to the Code of Virginia

that went into effect July 1, 2014 allowed for the relocation of

nonconforming billboards if the land on which the billboard was

located was acquired by purchase or by eminent domain due to the

widening, construction, or reconstruction of any highway. Section

§ 33.1-95.2 of the Code of Virginia stated that the billboard may

be relocated to another location as close as practicable on the

same property adjusting the height and angle of the billboard to

the same or comparable visibility. The sign face could not be

increased in size and the billboard would continue to be

nonconforming. The proposed ordinance would bring the County Code

into compliance with the Code of Virginia.

The Planning Commission approved the proposed amendments at

its meeting of February 26, 2014 following a public hearing.

Mr. Murray opened the public hearing. There was no input

from the public. Mr. Murray closed the public hearing.

Finding that the proposed amendments to Section 180-14(J)

of the Warren County Code are required and are appropriate for

the public necessity, convenience and general welfare and are

good zoning practice, Mrs. Glavis made a motion that the Warren

County Board of Supervisors approve the proposed amendments to

Section 180-14(J) of the Warren County Code. The motion was

seconded by Mr. Fox and approved by the following vote:


AN ORDINANCE TO AMEND AND RE-ORDAIN SECTION 180-14(J) OF THE

16

WARREN COUNTY CODE TO ALLOW NONCONFORMING BILLBOARD SIGNS TO BE

RELOCATED ON THE SAME PROPERTY ONLY IF THE LAND ON WHICH IT IS

LOCATED IS PURCHASED OR ACQUIRED BY EMINENT DOMAIN DUE TO THE

WIDENING, CONSTRUCTION OR RECONSTRUCTION OF A HIGHWAY

BE IT ORDAINED BY THE WARREN COUNTY BOARD OF SUPERVISORS that

Section 180-14(J) of the Warren County Code (Nonconforming

Signs) be amended and re-ordained as follows:

CHAPTER 180 ZONING

§ 180-14. Sign regulations

J. Nonconforming signs.

(1) General. Any sign lawfully in existence at the

effective date of this chapter, which does not

conform to the provisions of this chapter, shall be

deemed nonconforming and, as such, shall be permitted

to remain but shall not be replaced, enlarged,

extended, altered or repaired except as stated in §

180-14J(2)(a) and (3)(a). However, the advertisement

or message content of a nonconforming sign may be

changed on the existing sign.

(2) Removal of nonconforming on-premises sign.

Nonconforming on-premises signs may remain, provided

that they are kept in full repair, except for the

following:

(a) Damage or destruction of nonconforming on-

premises sign. A nonconforming on-premises sign

which has been destroyed or damaged beyond 50% of

its appraised value due to the fault or neglect

of its owner, agent or employee shall not be

altered, replaced or reinstalled unless it is

brought into conformance with these sign

regulations. If the damage or destruction is 50%

or less of the appraised value, the area damaged

or destroyed may be restored within 90 days of

the destruction, but the sign shall not be

enlarged in any matter.

(b) Damage or destruction of principal use. A

nonconforming on-premises sign shall be removed

if the use and/or structure to which it is an

accessory is destroyed or demolished beyond 50%

of the appraised value of the principal structure

17

or if the structure and/or use to which the sign

is an accessory is discontinued for more than two

years.

(c) Change of use. Whenever a change of use or a

rezoning occurs upon the premises containing a

nonconforming on-premises sign, such signs shall

be brought into full compliance with this

chapter.

(3) Removal of nonconforming billboard/off-premises sign.

Nonconforming off-premises signs/billboards shall be

maintained in a good state of repair and shall be

subject to removal if not maintained.

(a) Repairs to nonconforming billboard/off-premises

sign. All repairs to nonconforming

billboards/off-premises signs shall be submitted

by the owner in accordance with § 33.1-370.2 of

the Code of Virginia, as amended.

(b) Nonconforming billboards/off-premises signs which

are either destroyed or damaged, to the extent of

50% or more of the current replacement cost of

the structure, shall not be rebuilt or repaired

unless the sign is brought into conformance with

these sign regulations

(4) Relocation of nonconforming billboard sign.

(a) A nonconforming billboard sign may be relocated

if the sign is located on land acquired by

purchase or by use of the power of eminent domain

due to the widening, construction or

reconstruction of any highway as defined in §

33.1-351 of the Code of Virginia, as amended.

(b) The owner of such nonconforming billboard sign

may relocate the sign to another location as

close as practicable on the same property,

adjusting the height and angle of the sign to

restore the same or comparable visibility.

However, the owner of the sign cannot increase

the size of the sign face and the relocated sign

shall continue to be nonconforming. In addition,

the provisions of § 33.1-370.2 of the Code of

Virginia shall still apply to the relocated sign.

THIS ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION

Language proposed to be deleted is lined through.

18

Language proposed to be added is bolded and underlined.

Public Hearing - 2014-02-01 Conditional Use Permit for Short-

term Tourist Rental – Tareq Salahi – Taryn Logan

Mrs. Logan noted that Mr. Tareq Salahi was requesting a

conditional use permit for a short-term tourist rental. The

property was located at 440 Scenic Overlook Drive, identified on

Tax Map 31H, Section 1 as Parcel 9, contained 4.9 +/- acres, and

was zoned Agricultural (A).

Mrs. Logan explained that a short-term tourist rental was

defined by the County Zoning Ordinance as, “A single-family

dwelling not attached to any other dwelling by any means and

located on an individual lot that is rented for compensation for

periods of less than thirty (30) days.” A short-term rental was

permitted in the Agricultural Zoning District by conditional use

permit.

Mrs. Logan stated that the applicant said that it was

necessary to rent the house as a short-term tourist rental. The

Planning and Zoning Department had been notified of the tourist

rental by the Mosby Overlook Homeowners’ Association and Mosby

Overlook Estates. Mr. Salahi then submitted an application for

a conditional use permit.

Mrs. Logan commented that the Planning Commission

recommended approval of the application with the following

conditions:

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 eight (8) 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

19

Department and the septic system shall be pumped every five

years as recommended by the Health Department.

Mrs. Logan noted that Mosby Overlook Estates Homeowners’

Association submitted a petition during the Planning Commission

meeting opposing the request. Letters of support also

accompanied the application.

There was some discussion concerning the date the

Restrictive Covenants for Mosby Overlook Estates had been

recorded and the date or Mr. Salahi purchased his home.

Mr. Traczyk asked if the applicant considered contributing

funds for the maintenance of the road due to the increased

traffic generated by the short-term tourist rental. Mrs. Logan

noted that that had not been discussed. She pointed out that

the road was in poor condition and she was not sure the 4-wheel

drive vehicle used to take Planning Commission members on the

site visit would make it to the property. She added that there

was some confusion as to whether or not Mr. Salahi was paying

homeowners’ fees. The Planning Commission took the position

that the restrictive covenants were a matter for the homeowners’

association and focused on the zoning ordinance and general

health, safety, and welfare of the public. Mr. Traczyk felt

that the date the covenants were recorded and the date the house

was purchased were critical.


Mr. David Silek, 9306 Grant Avenue, Manassas, as legal

counsel for Mr. Salahi, noted that a petition for a temporary

injunction had been filed with the Circuit Court by Mosby

Overlook Estates which was denied by Judge Hupp. He presented a

copy of the letter of opinion from Judge Hupp. He noted that

the Board had approved a short-term tourist rental for a

property across the street from Mr. Salahi’s residence. A

temporary injunction was filed in that case as well and was

denied by the court. He noted that whether or not this was a

residential use had yet to be determined by the court. Mr.

Silek noted that Mr. Guy Brannock purchased this property on

October 6, 2004 and the restrictive covenants were recorded

October 8, 2004, therefore, the restrictive covenants were

inapplicable. He felt this matter should be determined by the

court as opposed to the Board of Supervisors. He pointed out

that Section 180-17 of the Warren County Code defined home

occupations and paragraph nine of the restrictive covenants

stipulated that such property shall only be used for residential

20

purposes except for those home occupations permitted Warren

County. He said that the restrictive covenants did not adopt

the County Code and did not provide a definition so he felt it

would not be proper to consider that. Mr. Silek said the short-

term rental provided a means for Mr. Salahi to raise funds to

pay his bills. He stated that a fundamental right guaranteed by

the Constitution was the use and enjoyment of property. The

Constitution of Virginia secured the right to use property in

all lawful manners. The rental of a room was a lawful manner.

Mr. Silek stated that having a short-term rental was a

residential use. He reiterated that paragraph 9 of the

restrictive covenants permitted residential use.

Mr. Silek said argument might be made that Mr. Salahi

advertised that chairs and tables were available for various

events. As such, Mr. Salahi removed those advertisements and as

an additional condition agreed not to allow those uses.

Relative to road maintenance and contribution, Mr. Silek

suggested that the HOA did care about road maintenance because

in 2008 Mr. Salahi brought a lawsuit against the HOA due to

damage to his vehicles caused by ruts, etc. in the road. He

noted the Board received in the application packet a copy of a

mediated agreement reached by Mr. Franz and Mr. Salahi

addressing that matter. He noted that on a particular occasion

he was unable to reach Mr. Salahi’s house because of the

condition of the road. In 2008 the HOA promised to make every

effort to ensure the safety and maintenance of the roads within

the limits of the HOA and that it would be relatively rut-free.

Mr. Silek stated that the road was not rut-free. He said that

Mr. Salahi would have to make sure the road in front of his

house was passable if he wanted clients to reach his house

because the HOA did not. This was an ingenuous concern of the

HOA. He said the expressed concern of the Board of Supervisors

was access to Route 55 and VDOT said the road met all necessary

VDOT requirements. Traffic and cars was part of the Board’s

purview as the County Code stipulated that the Board could

address parking, which was addressed by the Planning Commission

and Planning Director. He added that there was sufficient off-

street parking, because one could park on the road and there was

paved parking on site.

Relative to the Warren County Health Department’s

recommendation, Mr. Silek stated that Mr. Salahi had agreed to

limit the number of guests to eight at any one time. Relative

to the abatement of noise, dust, smoke or other elements that

might affect surrounding properties, Mr. Silek referenced a map

21

showing there were no residences around Mr. Salahi’s property.

He reviewed some of the other conditions. Mr. Silek assured the

Board that the use was the house; not a party venue, not a

concert venue. He said all the property owners changed the use

of the property when they built or purchased homes there as the

property use to be a farm so the residents were in favor of

changing the use when it suited them.

Mr. Silek said it was appropriate for the Board to consider

the economic gains of the County in its ability to promote the

public health, safety, and welfare. The proposed conditional

use permit promoted continued industry and economic gain of the

County and Commonwealth from the tax revenue and improved

property values.

Mr. Traczyk asked if the gate could be moved since Mr.

Salahi’s house appeared to be the first stop. Mr. Silek said

the gate could be moved. He believed there were four houses on

that road. He emphasized that every property owner who received

guests, deliveries, or home services provided the access code to

others. He said that the short-term renters would not come back

unless it was to rent the house again and they would not give

the code to anyone in Front Royal because they would not be from

this area and would not know anyone from Front Royal. If this

was a concern, the HOA could randomly change the code.

Mr. Tareq Salahi, 440 Scenic Overlook Drive, said he did

not want to lose his home to foreclosure and the short-term

rental made sense to him. He respectfully requested that the

Board protect not only his rights, but the rights of other

property owners who may wish to rent their property. Allowing

homeowners the right to rent their properties reaffirmed the

principles upon which the United States was founded including

the concept of liberty and property ownership.

Mr. Thomas Meiskey, 174 Pleasant View Drive, said he was

concerned that the access code would be given to strangers and

the additional traffic would impact the condition of the roads.

He said there was a rumor that Mr. Salahi did not pay dues to

the HOA.

Mr. Daniel Pond of Pond Athey Law located at 35 N. Royal

Avenue noted that he represented the Mosby Overlook Homeowners’

Association. He commented that the County Code stipulated that

the application must show that the proposed use shall be such

that it will be harmonious with and will not adversely affect

the use or development of neighboring properties or impair the

22

value thereof. He said this was a small gated subdivision. The

gate was installed to limit access. There were currently nine

houses in the subdivision. The overwhelming number of residents

did not want Mr. Salahi to operate a short-term rental. He

pointed out that Mr. Salahi had been renting out his house for

over a year illegally without paying proper transient fees

and/or taxes to the County and it continued even though it was

brought to his attention that he was in violation of the code.

He added that Mr. Salahi had clearly operated outside the bounds

of a residential use. Mr. Salahi’s website recently advertised

his house with two outdoor fire pits for small and large

gatherings, the pool table could double as an additional dining

table or buffet table perfect for larger events or weddings, can

arrange for private limo or SUV for tours, special rates

available for larger groups up to 16 plus such as girlfriend

get-aways or bachelorette party weekends, disco party light for

dance party, catering and barbeque food packages for outdoor

party, wine classes and food pairings with executive chef, and

wedding packages for up to fifty people; uses which were

commercial activities. He mentioned that the gravel road was

not suited for this type of traffic. This use disrupted the

neighborhood because it allowed non-residents access on a daily

basis and people were knocking on neighbors’ doors trying to

find Mr. Salahi’s residence. It placed a burden on the HOA to

maintain the roads. Mr. Pond commented that it was clear that

the covenants did apply to Mr. Salahi’s property. He added that

the judge had stated that the overall hardship to Mr. Salahi on

a temporary basis would outweigh the benefit to the subdivision

on a temporary basis. The judge had not heard the comments made

during this public hearing. He felt confident that the use was

not a residential use. He asked that the Board deny the

request.

Mr. Mark Smith, 60 Hidden Creek Lane, spoke as a lot owner

and treasurer of the subdivision since 2008. He noted that he

also owned two vacant 20-acre lots in Mosby Overlook Estates,

one directly across the street from Mr. Salahi. The HOA

collected about $12,000 annually which was primarily used to

maintain the roads. Since 2008 they never had to repair the

roads in the middle of the winter until this year. He noted

that they had photographs of commercial vehicles traveling on

the roads. The road was destroyed and they had to pay someone

to temporarily patch it so it was drivable. The increased

traffic during the past year without permit had caused a burden

to the entire subdivision. There were four houses on that road

and the maximum number of houses that could be on that road was

six. He read a letter from Donald F. Poe, one of the founders

23

of ADS, Inc., the developer of the subdivision. Mr. Poe stated

in his letter that ASD deliberately drafted the restrictive

covenants not to allow businesses other than home occupations

permitted by Warren County. Their intention in developing Mosby

Overlook Estates was to create a private rural community free of

noise and congestion often associated with many subdivisions in

Warren County... Scenic Overlook Road was built to handle

normal single-family traffic; not commercial traffic. He added

that the County Code explicitly stated that short-term tourist

rentals were not home occupations.

Mr. Traczyk asked if the gate could be moved. Mr. Smith

said it could not be moved. It was located at the entrance of

the subdivision. If the gate was moved, anyone would have

access to the homes on Scenic Overlook. He emphasized that the

residents gave the access code to friends and family as opposed

to renters who were strangers.

Mr. Travis Frantz, 200 Scenic Overlook Drive, President of

the HOA, read a letter from property owner David Trosch, who was

in opposition to the request. Mr. Trosch was concerned about

community security, the impact increased traffic would have on

the roads, and operating outside the restrictive covenants. Mr.

Frantz stated that there was no personal vendetta against Mr.

Salahi. He said it was about principal, truths, and facts. The

four issues were compliance with the restrictive covenants,

community safety and security, roads which were often maintained

by the residents at their personal expense, and HOA liability

for accidents on their roads. He commented that it was

portrayed in the newspaper that the HOA was evicting people,

which was not true. He said the country was founded on

democracy where governments from the federal level to

communities such as Warren County were governed by the majority.

He asked that the Board to listen to all the comments.

Mr. Robert Hunter, 372 Hidden Creek Lane, apologized on

behalf of the residents for moving into Warren County and

affecting the land use. He provided a fax of the covenants that

was sent to Guy Brannock dated October 15, 2004 as well as the

original covenants that also prohibited uses other than home

occupation permitted by Warren County. He noted this operation

was marketed for bachelorette parties, picnicking and seating

for 30+, weddings and events, massages, wine tours with resident

limo on site, and multiple reviews for past bachelor and

bachelorette parties. He said it looked more like animal house

than a traditional bed and breakfast. He said there were two

issues related to the operation that put every lot owner and

24

resident in the neighborhood at risk; security and liability of

the HOA and property owners. He noted that last year the Board

denied a conditional use permit for a hiking hostel because of

safety issues. He noted that there were broken beer bottles on

private driveways. He noted that for about four hours he

repaired the road from the gate half way up Scenic Overlook. He

mowed along roads the last six years and during that time he did

not recall seeing more than one beer can. Last year he found

numerous discarded alcohol containers inside the front gate and

he found some just this past weekend. He provided photos of

limos, garbage truck, large passenger van, and other commercial

vehicles using the narrow road since Mr. Salahi’s operation

began. The Mosby Overlook HOA could be held liable for any

accidents that could jeopardize each lot owner’s financial

security. The HOA was being sued by Mr. Salahi for damage

caused to his vehicles by the roads. He did not feel Mr.

Salahi’s financial security should take precedence over all the

other property owners. They all suffered through economic

conditions over the past several years.

Ms. Nancy Hunter, 372 Hidden Creek Lane, spoke in

opposition of the proposed conditional use permit. She thought

this was the perfect place to live six years ago; a quiet

neighborhood where she could feel safe and secure. That had all

changed. The safety provided by a gated community was gone.

The expectation of privacy was now gone. There were strangers

knocking on her neighbors’ doors late at night and alcohol

containers were being found throughout the neighborhood. The

lots were large and homes were far apart and she would not be

able to scream for help. There were now large passenger

vehicles traveling their roads making travel more hazardous for

residents as well as transients traveling through the

neighborhood. She said her financial security was at risk as

the transient traffic increased their liability risk. She asked

that the Board not put her and her husband’s life’s work at risk

and vote no.

Mr. Matthew Robinson, 9720 Holmes Place, Manassas Park,

property owner in Mosby Overlook, said he had issues with Mr.

Silek’s comments specifically to the reference of providing a

temporary place to stay for the electric executives. He said

that was not a problem for him, but what was a problem was the

potential bachelor parties, major scale parties with disco ball,

etc. He felt that he and the other property owners were at a

security risk. The individuals to whom the residents gave the

access code were somehow tied to the property owners and little

to no security risk was involved. He pointed out that there

25

were no street lights and law enforcement was not present. He

purchased property here for his retirement. He also did not

want to be liable for any accidents.

Mr. Kevin Romer, 487 Applewood Drive, said his wife and he

were new property owners. They shared the same concerns and

sentiments of the previous speakers. He pointed out that they

were attracted to the property because it was gated.

Mr. Tony O’Connor, 155 Granny Smith Road, spoke in support

of Mr. Salahi’s request. As a licensed handyman contractor in

Warren County Mr. Salahi’s tenants and guests provided

additional necessary income to him and his family.

Ms. Andrea Ross, 21450 Rose Down Court, Middleburg, said

she was a friend of Mr. Salahi, she had worked for him, and she

visited the property on a number of occasions in all types of

weather. When she met Mr. Salahi, he had a family of four who

were friends of his living at his house who had lost everything.

She said he did not have any affiliation to these people with

respect to the gate code and he did not have any affiliation to

the people the property owners and residents allowed into the

subdivision. She said the road past a certain point was

impassable most of the time and there was literally a river

going across that road half of the year. She thought the gate

was put in after Mr. Salahi became an overnight celebrity and

Mr. Salahi’s house was purchased prior to the covenants being

recorded. Relative to the Constitution and personal property,

she read a quote from an essay on “The Problem of Social Cost”

by Ronald Coase, “We may speak of a person owning land and using

it as a factor of production, but what the owner in fact

possesses is the right to perform certain physical actions.

These rights to perform physical actions called private property

constitute the real factors of production and the real articles

of trade. Legal title itself means nothing. At best a title or

deed amounts to proof of ownership; not the rights inherent in

ownership.”

Mr. Silek noted that Mr. Frantz said he did not have a

personal vendetta against Mr. Salahi, but an article in the

Warren County Report in 2008 quoted Mr. Frantz as saying he

hoped the Salahis were not in this community much longer. He

said this was in 2007 when Mr. Salahi became an overnight

celebrity. He read an email from Mr. Salahi to the HOA

indicating that the road conditions were poor in 2007 so this

was not a new issue. He referenced a mediation agreement that

resulted from Mr. Salahi filing suit against the HOA for damage

26

to his vehicles from the HOA’s neglect to maintain the roads.

As part of that agreement, Mr. Frantz agreed that Mr. and Mrs.

Salahi did not have to pay road maintenance fees as long as they

were members of the HOA to settle the $15,000 claim for damages.

Mr. Silek said this application was not for a Bed and Breakfast.

Mr. Salahi was not cooking for people. It certainly was not an

animal house; it was a beautiful home and Mr. Salahi did not

want it destroyed particularly if he intended to rent it again.

He asked if there had been any calls or incidents requiring law

enforcement. Mr. Silek said he lived on a road with two houses

and was surrounded by a national park and he has had people on

more than one occasion knock on his door in the middle of night.

He said the HOA would not be liable unless an accident was due

to gross negligence in maintaining the road. That liability

already existed for any of the residents and their guests. The

HOA had no control over to whom any of the residents rented

their properties or who the renters invited into the

subdivision. Mr. Silek commented that anyone could have

littered. No one commented that they called law enforcement

because they felt threatened. He understood the gate was

installed when the HOA received a large settlement from the

power company for an acquired easement through the subdivision.

He suggested to the Board that the proposed conditional use

permit was in the best interests of Warren County as a whole in

that it would generate additional incomes to the County and that

the proposed use was not a major change in use. It was

residential in that someone was living inside the house. He

pointed out that the entire house was rented, not individual

rooms. Table and chair rentals were no longer offered.

Mr. Traczyk asked if the owner occupied the house when it

was rented. Mr. Silek said “yes and no.” One bedroom and the

wine cellar were locked and no one had access to them. Mr.

Salahi was present at times and he referred the tenants to

places to eat and visit. The tenants were provided keys.

There was no further input from the public. Mr. Murray


Mr. Carter made a motion, seconded by Mr. Fox, that the

Board of Supervisors deny the conditional use permit request of

Tareq Salahi for a short-term tourist rental because there would

be a significant impact to the road system with the increased

traffic and it would potentially be an overall detriment to the

entire neighborhood.

Mr. Traczyk questioned why people were wandering around

27

during the night. He felt there should be a sign or light so

people knew where they were. He also questioned whether or not

the restrictive covenants were in place when Mr. Salahi

purchased his house. He said he was inclined to wait until the

judge made a decision and recommended that the Board table

action.

Mr. Carter said he appreciated Mr. Traczyk’s concerns about

the restrictive covenants, but he felt that was something for

the courts to decide. He noted that his family had the farm

adjacent to this property, which had been divided and he was

able to keep part of the old homestead. He remembered the

neighboring farm that was currently Mosby Overlook Estates. He

believed that when people moved there, including Mr. Salahi,

they had the same expectations that it would be a private,

gated, secure area. He noted that the Board had approved

conditional use permits for short-term tourist rentals in other

areas, but he was of the understanding that those areas were not

marketed or sold as secured areas. He understood that the judge

was looking to the Board for some guidance and he preferred not

to table action.

Mrs. Glavis pointed out that Judge Hupp stated in his

letter that he chose to wait to see what action the Warren

County Board of Supervisors takes on the conditional use permit

before deciding the case.

Mr. Fox said he was not too concerned about the restrictive

covenants. He did not feel the Board should address the

restrictive covenants. He felt that was a matter for the

homeowners’ association. He was concerned about the additional

cost to the homeowners’ association with the heavier use of the

roads, maintenance of the road, and other details. For those

reasons, he would support the motion. He said he needed to

consider the fairness to the homeowners.

Mrs. Glavis felt that the Board of Supervisors was

responsible for seeing that the action it took would not

adversely affect the neighboring properties and she felt they

heard overwhelming evidence during the public hearing that there

was a concern. She would support the motion not to approve the

request because she felt the motion was in the best interests of

the neighborhood.

Mr. Murray noted that he received over 40 calls from people

who said they were in favor of the request. He said it was like

a phone bank, but the callers were not residents and he felt the

28

Board needed to consider the residents.

The motion to deny the request was approved by the

following vote:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, nay

Mr. Murray called a five-minute recess. Mr. Murray called

the meeting back to order.

Public Hearing - 2014-03-01 Conditional Use Permit for Private

Use Camping – Bernard G. Steed – Matt Wendling

Mr. Wendling noted that Bernard Steed was requesting a

conditional use permit for private use camping. The property was

located off Farms Riverview Road in the Shenandoah Farms

subdivision in the Special Flood Hazard Area zone “A,” was

identified on Tax Map 15D, Section 1, Block 3 as Parcel 3,

contained approximately 0.631 +/- acre, and was zoned Residential

One (R-1).

Mr. Wendling said the applicant planned to use this lot on

weekends and holidays for camping and recreation with family and

friends. The property currently had a non-conforming accessory

structure that was constructed in 1992 by the former owners, which

the applicant used for storage of recreational equipment.

Mr. Wendling stated that the Planning Commission

recommended approval with the following conditions:

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. Any use as a full-time dwelling is strictly

prohibited and shall be in violation of the conditional use

permit, which could subject the permit for revocation by

the Board of Supervisors.


Department regulations and requirements and a copy of the

29

contract for port-a-john pumping and hauling shall be

provided to the planning staff.

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.

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 structure shall only be used for storage of

recreational and property maintenance equipment. Any use

of the structure as a full-time dwelling is strictly


permit.

10. The applicant shall install a gravel driveway within thirty

(30) days of the approval date of the permit.


Mr. Steed, applicant, 4162 Panhandle Road, said he had

owned the lot for about 20 years and he and his children have

camped and fished there during that time.

Mr. Murray asked if Mr. Steed would keep fuel or oil in his

accessory building. Mr. Steed said he would only have lighter

fuel to start the grill. He noted that the ground was soft and

he could not bring in gravel for the driveway yet. Mr. Wendling

noted that staff would work with him on that condition.





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conditional use permit request of Bernard G. Steed III for

private use camping with the conditions as recommended by the

Planning Commission:


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. Any use as a full-time dwelling is strictly


permit, which could subject the permit for revocation by

the Board of Supervisors.


Department regulations and requirements and a copy of the

contract for port-a-john pumping and hauling shall be

provided to the planning staff.

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.

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 structure shall only be used for storage of

recreational and property maintenance equipment. Any use

of the structure as a full-time dwelling is strictly

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permit.

10. The applicant shall install a gravel driveway within thirty

(30) days of the approval date of the permit.

Public Hearing - 2014-03-02 Conditional Use Permit to allow

Hotel to be Maximum of Sixty Feet in Height in lieu of the Forty

Feet permitted by Right – Greenway Engineering/Cornerstone LP,

LLP – Taryn Logan

Mrs. Logan noted that the applicant was requesting a

conditional use permit to allow a hotel 60 feet or less in

height in lieu of the 40 foot height restriction in the

Commercial Zoning District. The property was located off

Country Club Road, zoned Commercial (C), and identified on Tax

Map 12E as Parcel 5A. The proposed building is a hotel

facility, Town Place Suites by Marriott and will be operated

under the Marriott hotel chain. The property was currently

undeveloped and was rezoned in 2005 in anticipation for a future

hotel. The proffer statement for this property addressed sight

plan elements, such as building material, screening, and

landscaping and dedicated 30 feet of right-of-way to the County

towards construction of a local collector road that was included

in the County’s Corridor Transportation Plan.

Mrs. Logan commented that the site plan will be before the

Planning Commission for approval and will include architectural

elevations. The site plan will have to meet all VDOT

requirements for transportation and Town of Front Royal

requirements for water and sewer. The future land use map

identified the property for commercial land uses.

Mrs. Logan said the Planning Commission recommended

approval of the request with the following conditions:

1. The hotel shall not exceed 60 feet in height.

2. The exterior façade of the hotel shall include stone or

faux stone façade accents and a standing seam metal roof,

as required by the proffers for this site.

3. Architectural renderings of the hotel shall be approved by

the Planning Commission during the final site plan approval

process.

4. All mechanical equipment shall be shielded and screened

from the public view and designed to be perceived as an

integral part of the building.

32

5. The applicant shall comply with Virginia Department of

Transportation, Warren County Building Inspections, and

applicable regulations and requirements.

6. Dumpster/trash collection areas shall be screened from view

as required by the zoning ordinance with materials cohesive

with the building.

Mr. Fox asked what height Fire and Rescue’s ladder truck

would reach. Mrs. Logan stated that Fire Marshal Gerry Maiatico

attended the Development Review Committee meeting and he did not

have any concerns about the height of the proposed hotel. Mr.

Maiatico was comfortable with the site plan as well. Mr. Murray

added that the ladder truck was 105 feet.


Mr. Jeremy Tweetie of Greenway Engineering stated that

there was a typographical error on the letter and he clarified

that the proposed building would be an 84-room hotel with

adequate parking.




following vote, the Board of Supervisors approved the

conditional use permit request of Cornerstone, LP, LLP and

Greenway Engineering for a hotel not to exceed sixty (60) feet

in height in the Commercial Zoning District with the conditions

as recommended by the Planning Commission:


1. The hotel shall not exceed 60 feet in height.

2. The exterior façade of the hotel shall include stone or

faux stone façade accents and a standing seam metal roof,

as required by the proffers for this site.

3. Architectural renderings of the hotel shall be approved by

the Planning Commission during the final site plan approval

process.

4. All mechanical equipment shall be shielded and screened

from the public view and designed to be perceived as an

integral part of the building.

5. The applicant shall comply with Virginia Department of

Transportation, Warren County Building Inspections, and

applicable regulations and requirements.

33

6. Dumpster/trash collection areas shall be screened from view

as required by the zoning ordinance with materials cohesive

with the building.

Closed Meeting – Virginia Freedom of Information Act, Section

2.2-3711.A.1 – Personnel Matters re: Appointments

1. Lord Fairfax Emergency Medical Services Council – Three-

year term of Kevin Catlett expires June 30, 2014

2. Warren County Youth Advisory Board – Three At-large Members

– One Year Terms

On a motion by Mrs. Glavis and by the following vote, the

Board of Supervisors went into closed meeting pursuant to

Section 2.2-3711.A.1 of the Virginia Freedom of Information Act

to discuss personnel matters regarding appointments to the Lord

Fairfax Emergency Medical Services Council, Warren County Youth

Advisory Board, and Community Policy Management Team and

pursuant Section 2.2-3711.A.3 to discuss the acquisition of real

property for public purposes:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, aye

At the conclusion of the closed meeting, Mr. Murray called

the meeting back to regular session.

On a motion by Mrs. Glavis and by the following vote, the

Board of Supervisors certified to the best of each member's

knowledge only public business matters lawfully exempted from

open meeting requirements under this chapter and only such

public business matters as were identified in the motion by

which the closed meeting was convened were heard, discussed or

considered in the meeting by the public body:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, aye


following vote, the Board of Supervisors nominated Kevin Catlett

for reappointment to the Lord Fairfax Emergency Medical Services

Council for a three-year term beginning July 1, 2014 and ending

June 30, 2017:



following vote, the Board of Supervisors appointed Christine

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Binnix and Brenda Wells to the Warren County Youth Advisory

Board for one-year terms:


On a motion by Mrs. Glavis, seconded by Mr. Carter, and by

the following vote, the Board of Supervisors appointed Peter

Roussos as the Department of Juvenile Justice member on the

Community Policy Management Team:


On a motion by Mr. Carter, seconded by Mrs. Glavis, and by


Economic Development Authority’s (EDA) purchase of the Mary Lou

Williams property for right-of-way for the Leach Run Parkway at

a total cost not to exceed $245,000 and the Board supported the

purchase with the County’s share of the EDA capital funding

formula:


Adjournment

Mr. Murray adjourned the meeting.

At a regular meeting of the Board of Supervisors of the ... 20 2014 board of...of Warren held in the...

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