Council continues public discussion of HEPTAD proffer reduction request, approves Warren Coalition Recovery ‘Lodging House’

A nearly four-hour open meeting of the Front Royal Town Council on April 24 saw tax rates set for the coming year in the wake of upwards real estate re-assessments and fluctuating vehicle values related to personal property, and a slight jump in sewer rates as the Town undertakes expensive I&I (Intake & Inflow) upgrades, and five public hearings, including two on matters of some pointed level of public concern.

Leading council in the Pledge of Allegiance at the meeting’s outset, hopefully in order from left to right, are Girl Scout Troop 40303 members Lucy Phillips (Skyline MS), Courtney Jones (Skyline MS), Brianna James (Warren County MS), and Emme Phillips (EWM) . Below, Energy Dept. staffer Scott Curry, center, is recognized by council and department head Carey Saffelle for his efforts on behalf of the department. Not pictured, but also acknowledged for her efforts was Council Clerk/Administrative Asst. Tina Presley.

Those latter two public hearing matters were, first, on a Special Use Permit request to facilitate a “Lodging House” at 200 North Royal Avenue for the Warren Coalition that would be used as temporary housing for recovering male addicts (begins at 41:05 video mark, public hearing opened at 42:00); and second on a request by HEPTAD LLC to amend downward financially previously approved proffers for the residential subdivision formerly known as Swan Farms at the beginning of its planned development process, circa 2005 to 2008, now known as Anna Swan Estates (begins 1:37:00 mark, with staff presentation at 1:40:24, applicant addressing council at 1:56:17, and the public hearing opening at 2:22:40).

The 200 N. Royal Ave. site of the approved Warren Coalition addiction Recovery House. No neighbors spoke against the special use permitting request. Below, aerial map indicates outlined location of the proposed Swan Estates high-density residential development of as many as 335 homes. Locations of WCHS to left, WMH at right-center, and WCMS upper right, are shown.

In the wake of a total of 28 of public speakers, 17 on the Warren Coalition recovery house request and 11 on the Swan Estates proffer adjustment request, the takeaway seemed to be: “We’d rather have recovering addicts in our neighborhoods than real estate developers seeking to up their profits.” Of the 17 speakers on the Warren Coalition SUP request, none spoke against the permitting. On the other hand, none of the 11 speakers to the HEPTAD/Swan Estates proffer adjustment request spoke in favor of it, other than HEPTAD member Ron Llewellyn, who along with developer attorney Joe Silek Jr., presented Heptad’s case to council prior to public hearing input being opened.

One might note that many of those pro-recovery house speakers were either with the Warren Coalition, were addiction treatment specialists, and/or were recovering addicts speaking to the benefit of such a local support facility. However, one takeaway for this observer was that none of the neighboring residents who expressed concerns at the planning commission public hearing appeared to restate those concerns to the town council, who has the final call on approval. It might be concluded that those neighbors had their concerns adequately answered during that first round of review. That answer appeared to be that it is better to have people who want to kick a destructive habit in a closely monitored support situation, than on the street with no support to keep that destructive habit under control.

From her position with the County Dept. of Social Services Michelle Smeltzer has liaisoned with the Warren Coalition’s work on public health issues. She spoke strongly in favor of the proposed permitting for the recovery house, as did neighboring Calvary Episcopal Church’s Minister Valerie Hayes, below.

After hearing from the extensive range of speakers, some willing to share their personal stories of addiction and recovery, on a motion by Melissa DeDomenico-Payne, seconded by Amber Morris, council unanimously approved the SUP, drawing applause from a significant portion of the public seating area.

Then there was HEPTAD

In contrast, several times Mayor Lori Cockrell had to caution speakers opposing the HEPTAD proffer adjustment request to ease personal attacks on HEPTAD officers, particularly toward Llewellyn. The former Warren County supervisor and FR-WC EDA Board member found himself under attack for those past seats, as well as being a developer seeking to make a profit off land development in the community in which he lives, though some might counter better a local than someone with no ties to the community.

As Llewellyn and Silek noted the HEPTAD case for proffer reductions on up to 335 homes was based on changing infrastructure circumstances since the proffers were initially made a decade or more ago, as well as changing developmental guidelines for the area since the development was first proposed. As noted during board discussion the Swan Estates area was declared part of an “Urban Development Area” during the time the project was on hold and the State was urging municipal governments to establish such designations for higher-density residential development as part of their Comprehensive Plan development of a future vision for their communities.

Two of several graphics used in staff PowerPoint presentation on HEPTAD Swan Estates proffers approved in 2012, with applicant’s proposed changes submitted in 2022. Note a reduction by 135 of proposed homes, from 450 in 2012 to 335 now, as well as reductions to the per-unit cash proffers, reflecting in part credits for Leach Run Parkway ROW dedication. Council will devote time over the next two months to try to completely grasp the implications of the proposed changes, prior to closing the public hearing and moving toward approval or denial of the developer’s requested changes. The public hearing will be reconvened at council’s June 26 meeting.

Two sitting supervisors and two school board members urged caution and additional study by council prior to a decision on the HEPTAD request due to multiple financial variables, primary among those possible impacts on the county’s public school system. Those speakers were Supervisors Cheryl Cullers and Delores Oates and School Board Chairman Kristin Pence and her colleague Melanie Salins. With the public school system’s elementary schools at or near physical or educational capacities, concern has been raised that an influx of as many as 67 elementary aged students in coming years could force the County to undertake construction of a new elementary school at a cost estimated as high as $30 million.

With the multitude of financial and community variables on the table, council agreed to continue the public hearing to its June 26th meeting at 7 p.m. The motion on that continuance by Ms. Morris, seconded by Ms. DeDomenico-Payne, was approved unanimously. The two-month continuation to late June was cited to give council and town staff adequate time to review all the financial, physical, and evolving infrastructure variables at play.

Tax rates and other business

As to the tax rates set after public hearings at which there were no speakers, council set the real estate tax rate at “10-cents per $100 assessed value based upon equalization of real estate taxes following higher reassessments last year. Th new rate represents a decrease of 3-cents from the current year’s rate.

The personal property tax rate was set at 64-cents per $100 assessed value, which represents no increase over the current year’s rates; and set the Personal Property Tax Relief Rate (PPTR) for qualifying vehicles at a rate of 46% pursuant to Virginia Code §58.1-3524.”

The increase in the Sanitary Sewer Service rate by ordinance amendment was explained in the agenda packet: “The increase of approximately 2.25% was recommended based upon the Town consultant’s updated water and sewer rate analysis and using funds from the American Rescue Plan Act for major water and sewer capital projects. A monthly charge for 5,500 gallons of sewer usage is $55.82; the recommended rate increase would equate to a monthly charge of $57.07; an increase of $1.25 monthly.” The approved increase will become effective July 1, 2023.

A lone business item, a curb & gutter waiver request for two parcels intended for sale and development on Crosby Road, was denied on a split vote, Mayor Cockrell being forced to break her first 3-3 council deadlock. Councilman Rappaport’s motion to deny reached the mayor with Vice-Mayor Sealock, Ms. DeDomenico-Payne, and Rappaport voting to deny and Skip Rogers, Josh Ingram, and Amber Morris voting against denial.

That 4-3 vote to deny, perhaps drawing a council majority “line in the sand” against such curb & gutter waiver requests in the future, came despite concerns expressed by Planning Director Lauren Kopishke that mandating curb & gutter on those two lots when developed in a neighborhood without curb & gutter could create rapid water flow and erosion issues on surrounding developed residential properties.

Supporters of denial cited existing curb & gutter requirements the town has in place on new development. How to balance those requirements in existing neighborhoods without curb & gutter appears to be an issue council will continue to face in the future.

An eight-item Consent Agenda was approved as presented.

At the meeting’s outset several recognitions and proclamations and a staff report on Arbor Day activities were approved or received. Those included:

1. Report from Community Development and Tourism Manager Lizi Lewis on a good Earth Day turnout downtown, and other projects she is moving forward.
2. Recognition of Employee from Energy Services – Department head Carey Saffelle acknowledging Scott Curry;
3. Proclamation of April as Sexual Violence Awareness Month;
4. Proclamation for April 26 as National Administrative Professionals Day;
5. Proclamation for 54th Annual Municipal Clerk’s Week from April 30 to May 6, during which Council Clerk and Administrative Assistant Tina Presley was lauded for her efforts on council’s behalf; and,
6. Proclamation retroactively recognizing April 22 as Arbor Day.

See the full meeting actions and discussions in the Town video, or go to above-referenced video time-signature marks to view specific items discussions.