Front Royal Planning Commission work session takes on comprehensive plan, zoning ordinance changes

A Town Planning Commission work session Wednesday night to review and discuss a package provided by the Planning Staff. Immediately on opening, Town Attorney Doug Napier apologized for having not attended previous Planning Commission meetings and indicated his office would attend all future meetings to provide legal input to the commission. For this meeting, Assistant Town Attorney George Sonnett was present and acting for the office.

Town Planning Director Timothy Wilson explains the process to the Town Planning Commission.

Before any other business, the commissioners came up against a procedural challenge raised by the new Town Director of Planning Tim Wilson.

At the request of Chairman Douglas Jones, Mr. Wilson directed the attention of the commissioners to a memo he had prepared regarding three separate but interrelated planning and zoning matters pertaining to Solar Energy facilities.

1. A proposed amendment to the Town of Front Royal Comprehensive Plan
2. A proposed amendment to the town’s Zoning ordinance to add “Large Photovoltaic Solar Power Project” to the list of allowable uses by special use permit in Agricultural and open Space preservation Districts (A-1).
3. A special Use Permit application for a utility solar facility on 177.98 acre parcel owned by Front Royal Limited Partnership (FRLP).

Mr. Wilson’s memo cites the Virginia Code provisions that govern Comprehensive plan amendments and Zoning ordinance text changes, and those actions cannot be initiated by property owners or other parties, but must originate from the governing body, in this case the town council or the Planning commission. Mr. Wilson went on to describe the issues as “procedural and easily corrected”, but they must be resolved for the Special Use permit to be considered.

Once the chairman opened the floor for Commissioner comments and questions, Commissioner Merchant opened with a question: “Are you saying that the Planning Commission doesn’t have the authority to initiate a Comprehensive Plan amendment?” He asked if Mr. Sonnett could provide that opinion in writing.

Planning commission already performs a review and update of the Comprehensive Plan every 5 years and it has not been the practice to wait for the Town Council to direct it. Mr. Sonnett indicated that the 5-year review is one of the things the commission is chartered to do, so that is a different case. In cases where an issue arises that requires a change, the Town Council initially acts and refers the issue to the Planning commission, which holds a public hearing, then makes its recommendation back to the council.

Commissioner McFadden then asked if the Commission’s current and previous practice was wrong. Short answer: “Yes” But requiring a property owner to first go to the Town Council, back to the Planning Commission, then back to town council “Doesn’t sound like a very good process”

Commissioner Connie Marshner echoed the sentiment. “How does this help?”

Commissioner Gordon indicated that clearly the commission needed to adjust its process, but how?

The commissioners were referred to some example processes used by other counties and municipalities, particularly a flow-chart used by Hanover County.

Commissioners asked Mr. Wilson if the planning staff could create a flowchart for the process he was proposing for the commissioners to use. He agreed.

All this was going on without a discussion of the Special Use Permit being requested by FRLP. The consensus of the commissioners was that action on that request would have to be deferred, “rested” while the Comprehensive Plan and Zoning Ordinance issues were worked out. To that end, the Chairman asked FRLP representative David Vazzana, who had been observing the discussion, if he was willing to “Rest” his Special Use Permit application. Mr Vazzana, who had written a comprehensive memo to the Commission, outlining the history and activities of the project, agreed. The document he provided outlines all the past actions taken by FRLP to comply with town guidance and previous policies. None of the issues raised on the FRLP memo were discussed or responded to by the town planning director or the Assistant Town Attorney. FRLP hopes to build a Solar Utility facility off Mary’s Shady Lane. The proposals form part of FRLP’s plans for developing that site with commercial and residential portions, and has been the subject of endless discussions in the community for more than six years.

Once agreement had been reached on developing a serviceable process for Front Royal to follow, and transmitting it to Town Council the commission adjourned the work session, and left for future regular meetings the final processing of the requests.