Barring Town Council Approval, A Proposed Higher Density Neighborhood on Happy Creek Road Green Lighted by Town Planning Commission 

The ayes had it in a 3-1 vote on a motion to approve the rezoning of 1321 Happy Creek Road from R-S Suburban Residential District to R-1 Residential District; the application from the owner, Rappahannock HC, LLC, was forwarded by the Front Royal Planning Commission to the Town Council with a recommendation for approval. The nay came from Commissioner Megan Marrazzo, balancing her desire to see intelligent growth with some of the concerns she hears from residents in that area. All of this transpired at a regular planning commission meeting on Wednesday, June 26, starting at 7 p.m. in the Warren County Government Center at 220 North Commerce Avenue. 

The town planning commission meets for a regular meeting on Wednesday, June 26, at 7 p.m. in the Warren County Government Center. Royal Examiner Photo Credits: Brenden McHugh.

Approximately forty-three acres in size and located approximately one thousand two hundred feet from the intersection of Leach Run Parkway with Happy Creek Road, the Marshall’s Glen project, formerly known as Ashton Green, sits on the south side of Happy Creek Road, and if it comes to fruition, it will be accessed chiefly by means of Oden Street, although there will be a “right-in and right-out” on Happy Creek Road as well. One of the owners of Marshall’s Glen, Chris Hornung, chief development officer of the Rappahannock Development Group, was present at the meeting and was accompanied by his attorney, Ty Lawson. Both gave presentations to the commission as well as follow-up responses after the public hearing in which several citizens voiced concerns about safety, logistics, and financial impact. 

Deputy Zoning Administrator John Ware is prepared for an evening of presenting applications.

The evening’s events were designed by the planning and zoning department to address every possible concern. Out of an agenda packet exceeding four hundred pages, which the commissioners were asked to read before attending the meeting, Deputy Zoning Administrator John Ware made a concise bullet point presentation that streamlined the contents of the packet. During that presentation, everyone watching learned the significance of rezoning from R-S to R-1. The latter allows the developer to build at higher density, creating as many as one hundred four single-family detached dwelling units, as opposed to the sixty-one he could build by right in an R-S zone. The higher R-1 figure is still by right, but it is a higher number by virtue of being in the higher-density R-1 zone. This type of development is in keeping with the 2013 iteration of Warren County’s comprehensive plan, and it is in keeping with the state of Virginia’s requirement that localities incorporate Urban Development Areas (UDA) into their comprehensive plans. 

Ty Lawson, the attorney serving Rappahannock HC, LLC, addresses the commission regarding an application for rezoning at 1321 Happy Creek Road.

Everyone who is even loosely following this development will ask: what is the impact on the school system? Within a two-mile radius of Marshall’s Glen are three schools, Leslie Fox Keyser Elementary, Warren County Middle School, and Warren County High School. None of them are currently exceeding their capacity. In the exigency that Rappahannock HC, LLC builds one hundred four single-family detached dwelling units at the 1321 Happy Creek Road location, those schools taken together will exceed capacity by seven students. This may mean the Warren County Public Schools must consider building a new elementary school. While there are no plans for that cemented yet, the owner has taken into consideration that potential need as he crafted his proffers. The total cost of building a new elementary school would be $29,874,000. The source for that figure is the Warren County Public Schools. To support the school system as they use the money to handle excess capacity, an effort which could be expressed in a new elementary school, Hornung and company are proffering $348,530. This comes in addition to the $320,840 they are proffering for other expenses like roadway improvements and the expenses they will incur from building in the subdivision a playground, a privacy fence, and an entry monument sign. Total contributions come to $859,370. 

Chris Hornung, Chief Development Officer of Rappahannock Development Group and an owner of the Marshall’s Glen project at 1321 Happy Creek Road addresses the commission regarding the rezoning application for that location.

In a fiscal impact analysis conducted by S. Patz & Associates, Inc., it was determined that one hundred forty dwelling units would result in an annual fiscal surplus of $407,620 for the Town of Front Royal. A VDOT study found that if certain roadway improvements are made, namely the widening of Happy Creek Road, the impact on traffic will be “minimal.” The owner has agreed to dedicate the necessary right-of-way to the Town at the time that the Town makes roadway improvements, assuming that none of the dwelling units are negatively affected. Also, the Town expects the owner to construct the necessary stormwater management facilities within the subdivision; the future homeowner’s association will be responsible for the maintenance of the retention ponds. The HOA will also be responsible for maintaining the percentage of open space that is preserved on the property. Water and septic capacity already exist at the site, and it will be the owner’s obligation to install it at his own cost and dedicate it to the Town. 

 With a density of 2.42 units per acre, the proposed Marshall’s Glen scheme compares to neighboring subdivisions as actually being less dense since the average between Oden Ridge and Happy Creek Knolls is a density of 2.77. Studies report no environmental hazards, and the wetland delineation report indicated no suspect wet areas. Coming after an application for a short-term rental on East Main Street, which was also presented by Ware and unanimously favored by the commission, the Marshall’s Glen rezoning was approved, and after commission member reports and a report from Planning Director Lauren Kopishke, the meeting was adjourned.