Town Council Considers Precedent Setting in Zoning As Well As Concern About Sidewalk Related to Out-of-Town Utility Request

On Monday, February 12, at 8 p.m., due to an hour’s delay for the sake of a closed meeting that transpired before the open meeting, the Front Royal Town Council met for a work session in the Front Royal Town Hall at 102 East Main Street.

Town Council meets on Monday evening for a work session. Royal Examiner Photo Credits: Brenden McHugh

Having discussed in closed session the Local Board of Building Code Appeals (LBBCA) and received legal counsel regarding HEPTAD, LLC v. Town Council, council proceeded to hear presentations about procurements, delay of tax due dates, an alley vacation, a request for an easement, a rezoning application, the possibility of an out-of-town utility connection that could include a boundary adjustment to Town limits, and finally they spoke in general terms about the vision and goals agenda that they developed at a recent retreat. Because the rezoning application has the potential to set a precedent, much intense dialogue was given to that, as well as careful consideration given to how a boundary line adjustment could impact the council’s desire to see a sidewalk on Criser Road.

Manager of Purchasing Michelle Campbell makes a brief presentation about items for procurement.

The context for the rezoning application from Magdalen Capital, LLLP, which would rezone several parcels in the vicinity of Leach Street from residential to Planned Neighborhood Development District (PND), goes back to January 22, when in the course of a regular meeting, council chose not to amend Town ordinance to dramatically reduce the lot size requirement for such a rezoning; several people, including school board member Melanie Salins, spoke passionately against the proposed reduction, as in their minds it would open Warren County to a spree of unwanted development. Thus, the minimum lot size requirement for rezoning to PND continues to be twenty acres. Therefore, in the language of Monday evening’s agenda, “staff can no longer recommend approval of this rezoning application due to insufficient lot size.”

However, Town Attorney George Sonnett explained that each individual case is “unique”, and the council could still hypothetically vote in favor of Magdalen Capital’s rezoning application; Mayor Lori Cockrell’s concern was then that this would create a precedent, and many might complain of unfair treatment insofar as Magdalen receives something that nobody else receives. As Councilwoman Amber Morris pointed out, this could potentially be grounds for lawsuits, as frustrated individuals who feel the council’s process is arbitrary take the matter to court.

Director of Finance B.J. Wilson makes a brief presentation to the council in favor of delaying tax due dates.

Planning Director and Zoning Administrator Lauren Kopishke explains the details of an alley vacation to the council. Later, she explained a rezoning application and helped the council understand the requirements surrounding a potential boundary adjustment of Town limits in the case that water and septic service would be extended to an organization that would otherwise be outside of Town limits.

She also mentioned that she had heard from a few people asking why the item was placed so quickly on the council’s agenda after the January 22 decision, and the council then discussed the default nature by which the item was placed back on the agenda, as Magdalen’s application still had to be processed, despite any decision that was made about Town ordinance at the regular meeting. If that application were to be approved, the exception would apply to the land, not the individual applicant; in other words, the land could be sold, and the new owner would enjoy the exception all the same. This item will be decided in a vote on February 26 at the council’s regular meeting.

As for the out-of-town utility connection that could involve a boundary adjustment to Town limits, located at 0 Criser Road and consisting of an application from the Catholic Diocese of Arlington and the Warren County Board of Supervisors, the discussion then turned to how this potential development would impact the desire of the council to see sidewalks installed in that vicinity. As a “new development”, the Diocese would be required to install a sidewalk in the case that the boundary is adjusted to include them in Town limits. If there is no adjustment and the Town merely extends to the Diocese out-of-town water and septic service at double the normal rate, the Town would not then be able to require a sidewalk. Of course, rejecting the application is one option, and the fate of this request will be determined on February 26 at the council’s regular meeting.

Click here to watch the Front Royal Town Council Works Session of February 12, 2024.