Town Council Vote on Rezoning Request Results in Disappointment for Magdalen Capital

On Monday, February 26, at 7 p.m. in the Warren County Government Center, the Front Royal Town Council held a regular meeting in which the rezoning request by Magdalen Capital LLLP was prominent on the evening’s agenda. The request would rezone 311 Leach Street and adjoining parcels from residential to Planned Neighborhood Development District (PND), a mixed-use, flexible approach to neighborhood development that would provide multiple affordable housing types and generate tax revenue for the Town from the commercial component.

Town Council meets on Monday evening for a regular Warren County Government Center meeting. Royal Examiner photo credits: Brenden McHugh.

This item had been featured in past work sessions for the council, and at a regular meeting on January 22, the council voted to deny a text amendment to the Town ordinance that would allow for parcel sizes of two acres to be rezoned to PND in contrast to the twenty-acre minimum parcel size that is currently required for such a change. Both the proposed text amendment as well as the rezoning request on Monday night’s agenda were submitted by the developer Magdalen Capital; having rejected the text amendment that would dramatically lower the required parcel size for PND rezoning, council was faced with a decision: to make an exception to the rule or reject Magdalen’s rezoning request, as staff recommended, on the basis that the parcel size is too small and as many council members felt, it would be unwise to set a precedent wherein subsequent developers could claim unfair treatment if they do not receive the same exception.

After leading the council in the pledge of allegiance, Betty Payne receives a certificate to C&C Treats from the mayor. She stands with her parents, one of whom is Councilwoman Melissa Dedomenico-Payne. Her father, Bill Payne Jr., stands on the far left.

In his address to the council under a public hearing, Alex Stieb of Magdalen Capital expressed disappointment in the direction the council was taking, a disappointment due in part to what has been a two-year process for his company and also due to his perception that the council is not acting in accordance with its expressed vision. In Stieb’s mind, this decision will generate the very type of irresponsible development that the council wants to avoid. His type of grassroots development could have prevented that, he claimed. Now Magdalen will be forced to develop the property “by right,” in other words, strictly conforming to zoning and building codes and thereby not requiring discretionary approval from local government, a situation Stieb admits is less than ideal as it will not generate the type of mixed-use options with affordable housing that Magdalen Capital was hoping to create.

Other speakers in the public hearing portion of the agenda highlighted the need for variances, which they claimed are not currently allowed by the Town’s code. No animosity was expressed towards Magdalen Capital, which could arguably do a good job, one speaker implied; the need, however, is for a legal process that allows the citizens and leaders of Front Royal to control growth in their community, thereby preventing the dreaded urban sprawl that could be engendered by developers flooding in who do not share Magdalen’s integrity. For example, a parcel that has been granted an exception could be sold to a national entity that would then enjoy that exception. Above all, there is the fear of setting a precedent. Once one exception has been made, where does it end?

Alex Stieb of Magdalen Capital was “disappointed” by the direction the council was taking.

As Councilman Glenn Wood pointed out, this issue could have been solved by fellow Councilman Wayne Sealock at the January 22 meeting with his motion to postpone the vote and conduct further investigation at subsequent work sessions; however, in Wood’s mind, that admirable motion was railroaded by a subsequent motion that expedited the vote. It did not have to be two acres, Wood explained. After all, the planning commission had recommended five. Why not ten? In other words, a more flexible approach could have generated the legal framework needed for a developer like Magdalen Capital to thrive. Now, Magdalen will likely not be able to revisit their application for a year. Councilwoman Amber Morris referred to video footage of hostile conduct on the part of an audience member at a prior meeting. She lamented an op-ed, which she believes was unpublished but was shared with her nonetheless, in which the author claimed her decision was based on the fact that she is “an uneducated redneck in regards to growth.” A far cry from the truth, she said. “I have said for years that growth is inevitable. However, changing the text code amendment from twenty to fifty acres to two acres is a floodgate that you can’t just close back. With that being said, when I spoke to the developers, I mentioned that two acres seemed a little bit unreasonable and five to ten seemed more reasonable.” She also pointed out that the Town would receive no proffers from Magdalen in the exigency that such a request was granted. Overall, she was skeptical of the net benefit to the Town despite commercial tax revenue.

Also, at a time when affordable housing types are needed for the youth in this community, Wood argued, the type of houses that will be built by right will, unfortunately, bring in people from the city, as opposed to the more inexpensive options allowed by PND zoning, that would meet community needs. The need, articulated by Morris, is for the Town code to be rewritten so that a case-by-case basis might be possible. After a motion from Councilman Joshua Ingram to deny the application, seconded by Councilman Wayne Sealock, the motion passed with only one “no” from Wood. After passing the consent agenda, the council went into a closed session at 8:45 p.m.

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