Town Council Grants Approval for Rezoning and Denies a Request for Partial Vacation of the Town’s Right-of-Way in an Alley

On Monday, August 26, starting at 7 p.m. in the Warren County Government Center at 220 North Commerce Avenue, the Front Royal Town Council held a regular meeting in which they heard from the developer behind a rezoning application and subsequently passed a motion in favor of it. They also chose to deny a request to partially vacate the Town’s right-of-way in an alley after a failed motion that would have been approved while providing a condition that, for legal reasons, would send the request back to another public hearing at a future meeting.

Front Royal Town Council goes into a regular meeting at the Warren County Government Center on Monday evening. Royal Examiner Photo Credits: Brenden McHugh.

Marshall’s Glen, formerly known as Ashton Green, is the project name for a development that is underway at 1321 Happy Creek Road near the road’s intersection with Leach Run Parkway. A rezoning application, submitted by Rappahannock HC, LLC, would reclassify the approximately forty-two acres from R-S, Suburban Residential District to R-1, Residential District, which would give the developer the advantage of building at a higher density, namely one hundred four single-family detached dwelling units instead of the eighty-two units it could build by right without proffers. Staff were present to explain that this proposal is in keeping with the Town’s comprehensive plan and the County’s as well, the latter calling for an even greater density than that which Rappahannock is projecting.

Having led the gathering in the pledge of allegiance, Mary Lane receives a gift certificate from the mayor thanking her for her patriotism.

Representing Rappahannock as the Chief Development Officer of Rappahannock Development Group, Chris Hornung answered questions from the council and responded to concerns from the public before the council approved the rezoning. One of the points made was that the Town will receive in tax from this development a revenue that exceeds the cost to the Town. Also, the developer is proffering money to offset the impact on the school system and assist the Town in its planned improvements to Happy Creek Road or any other improvements the Town may need to make. VDOT has reviewed the project and predicted that there will be no substantial impact on traffic. Plans were shared for developing roads in the subdivision that work in harmony with existing roads. The site has been inspected for potential environmental problems, but none were detected. Fences will be installed, drainage issues will be addressed, a playground will be built, and a homeowner’s association will be established.

Lynn Downs of non-profit Dinner Together, which serves hot meals to the underprivileged, presents her organization’s vision to the council and encourages those in attendance to get involved. Dinner Together’s website is: dinner2getherfr.org

More than one council member complimented Hornung on the exhaustiveness of his application packet and thanked him for tirelessly responding to their questions. Despite that consensus, both Councilman Joshua Ingram and Councilwoman Melissa DeDomenico-Payne still had reservations about whether it is wise to build at higher density. Just because you can doesn’t mean you should, which was one of DeDomenico-Payne’s arguments, and Ingram cited the risk that this may set a precedent for future developments. But the aye’s had it. Councilmen Glenn Wood, Bruce Rappaport, and Vice Mayor Wayne Sealock voted in favor of the rezoning. In response to the idea that a development that draws non-natives to Front Royal is a bad thing, Wood asked everyone in attendance to raise their hands if they were born and raised here. Only a few did, and his point was made.

Chief Development Officer for the Rappahannock Development Group, Chris Hornung, addresses the council regarding the application to rezone the property at the Marshall’s Glen project on Happy Creek Road.

During public comments, the council heard from two individuals speaking on behalf of Valley Health, responding to citizen comments that were made disparaging Valley Health at a prior meeting. Those comments were associated with a resolution to invite alternative healthcare providers into the community, which the council has taken seriously. Following public comments were reports. Town Manager Joe Waltz spoke in anticipation of Labor Day, when the Town’s business offices will be closed, and if anyone’s trash is scheduled to be picked up that Monday, it will be picked up on Wednesday instead. He also spoke favorably of the first citizen’s academy launched the week prior, dedicated to establishing a more interactive relationship between government and citizenry, educating them about how the Town government works.

Closing the evening’s agenda, the council discussed a request from Michael and Jane McCool for the Town to discontinue, vacate, and sell a portion of a public alley behind 125 West 8th Street. This would provide a buffer against development in the neighborhood. The McCools have maintained this portion of the alley for some time while the alley at large remains in disrepair. As there is no outlet to the west of the portion being considered, Councilman Wood made a motion to approve the request with the condition that the McCools grant the Town an easement to reach the landlocked portion of the alley that would remain in the Town’s possession.

Town Attorney George Sonnett interjected that Wood’s motion could not stand because it represents a change to the draft ordinance attached to the application, which he cannot change “on the fly.” Councilman Rappaport seconded the motion for the sake of discussion. At that point, Wood explained that he was sympathetic to the astronomically expensive and time-consuming effort the applicant had undergone since October of last year. Even though the viewing committee that was appointed to investigate the request has recommended denial on the basis that neighbors would be inconvenienced, Wood felt that there must be some way to assist the McCools. The town manager explained that all twenty-two of the potentially affected neighbors were sent certified letters from the Town. Still, only one responded, and that one person subsequently did not return Waltz’s call.

However, the attorney’s point was that changing the draft ordinance would require another public hearing, and the motion unanimously failed. Rappaport then introduced a motion for denial, which passed with only Wood opposing it. In his remarks, Wood made it clear that he has requested Mayor Lori Cockrell to include this item in a future agenda. It was agreed that Wood’s solution should have been considered sooner. A full vacation of the alley with the cooperation of neighbors was mentioned as an ideal solution, but again, it is something that should have been considered sooner.

The evening’s business was concluded, and the meeting adjourned at 9:43 p.m.

Click here to watch the Front Royal Town Council Meeting of August 26, 2024.