Supervisors reverse staff recommendation on Crooked Run West review

Gary Kushner was pointed in comments directed both the County and Town’s way regarding what could be a precedent-setting decision if town council acquiesced to the request to extend its central water-sewer utility out of town limits solely for residential development. Royal Examiner Photos/Roger Bianchini. Video by Mark Williams, Royal Examiner.

Following public criticism from one citizen, Gary Kushner, during public remarks at its Tuesday morning, September 3 meeting, the Warren County Board of Supervisors took an about face on an item listed as routine business within its Consent Agenda.

That item was a planning staff request to return the Crooked Run West (aka Crooked Run 2) residential rezoning request to the County Planning Commission for reconsideration due to changes to the applicant’s proposal package.

Those changes include a reduction in the size (54 acres from 109); type (all apartments or assisted living units from mixed single-family, apartments and age restricted; total number of residential units, to 750 from 1,025); and private funding of road improvements rather than seek VDOT revenue sharing assistance.

The latter transportation funding change notes that planned road construction will not extend new roadway from Crooked Run Boulevard to Ritenour Hollow Road to the north, the latter a state-maintained road and second exit path from the development. The planning staff summary also observes that the remaining 55 acres will remain zoned commercial, at least for now.
Town Planning Director Taryn Logan explained her department felt the submitted changes were significant enough to justify a revisiting by the planning commission.

However in his remarks, Bentonville resident Kushner wondered if the item’s presence on the Consent Agenda limiting public or board discussion could be a sign of political subterfuge. He noted the planning commission’s initial review resulted in an April recommendation of denial of the rezoning request as non-compliant with the County’s Comprehensive Plan for future development.

Kushner told the county board of supervisors that were the town council to approve the request for central water-sewer service outside the town limits in this case it would set a precedent for future requests relinquishing the Town’s control of its own utilities.

The public consensus is that without Town central water-sewer the project cannot be developed.

“If the town council denies access to public water-sewer service to a high-density residential development beyond its borders, as it should, the project will get the death that it deserves,” Kushner said of a point perhaps better made at Town Hall.

Crooked Run West LLC attorney Joe Silek Jr. listens to criticism of his client’s project from public speaker Gary Kushner.

However he then added pointedly to county officials, “This board has a separate duty to all its citizens and it should act now … the objective elements of this project overwhelmingly confirm that it’s not in the best interest of the citizens of this county. The board should not delay the process any further, “Kushner said in urging the supervisors proceed with its public hearing, rather than taking a second shot at a more favorable recommendation from the planning commission.

South River Supervisor Linda Glavis asked County Planning Director Logan about the impact on the process were the board to follow Kushner’s suggestion and proceed to its public hearing on the Crooked Run West proposal. Logan indicated that county planning department staff would then review the submitted changes, rather than the board-appointed planning commission.

While time would still be added to the process, upon the staff review the board could then hold its public hearing expediting the process without a second planning commission public hearing being held.

With some confusion as to the wording of the subsequent motion made by Glavis, a 3-2 majority – Murray, Glavis, Fox for; Carter and Sayre against – approved moving the process toward a final public hearing before the supervisors, rather than a second go round with the planning commission regarding the applicant’s changed proposal.

The applicant changes appear geared to stem public opposition to the project. Past public comment has indicated a fairly substantial public majority opposing the change from future commercial development to residential.

That requested zoning change also brings into question past town council approval of the extension Town central water utility to the property. That approval was okayed for future commercial development only. In explaining the zoning change request at past public discussion the applicant Crooked Run West LLC, represented by Tom Mercuro, Ed Murphy and real estate attorney Joe Silek Jr., have addressed a change in commercial development patterns toward increased online transactions leading to a significant fall off in brick and mortar commercial and retail development.

Crooked Run West principals Ed Murphy, dark jacket, and Tom Mercuro play to a tough crowd following June 13 supervisors work session on their rezoning request.

The fact that the Town of Front Royal has about 750 undeveloped acres earmarked for future residential development off Happy Creek Road has played a role in the public and municipal debate over the Crooked Run West rezoning request.

County Board Chair Dan Murray asked Town Manager Joe Waltz about the status of that undeveloped land, 604 acres of which was allowed by the County to be annexed into the town limits in 2014 to facilitate residential development within state guidelines on where such development should occur. Murray suggested that if there are no signs that land will be residentially developed, it be given back to the County.

However Waltz replied that the town government had launched a more proactive effort to address hindrances, including within its own subdivision ordinances that may be holding up the planned development of the Front Royal Limited Partnership (FRLP) property.

A portion of the 604-acre FRLP property annexed into town in 2014 for residential development by state guidelines as to where such development should go, dominates the largely cleared pasture land at upper central and right sections of this file photo. Aerial Photo Courtesy CassAviation

See the discussion in its entirety as both the County and Town traverse a delicate and volatile public and policy landscape with potential long-term effects on the future of Town control of its own utilities in this Royal Examiner video: