Town Planning Commission Considers Residential Use in a Commercial Zone

An application for a special use permit was submitted by Surber Development and Consulting LLC to construct up to ninety apartments in two separate three-story apartment houses with a maximum height of forty-five feet on a property located off East Criser Road. The property is zoned C-1, Community Business District. This application came before the Front Royal Planning Commission at a work session on Wednesday, October 2, beginning at 6 p.m. in the Front Royal Town Hall at 102 East Main Street.

Front Royal Planning Commission prepares to commence a work session on Wednesday evening. Royal Examiner Photo Credits: Brenden McHugh.

After considering a short-term rental as well as a special exception for relief from parking requirements, the commission moved on to what Chairman Connie Marshner anticipated as the “fun” item. In a letter to Planning Director and Zoning Administrator Lauren Kopishke, dated September 5, Jen Surber, managing member of Surber Development, expressed her desire to develop a site with a well-manicured appearance and provide affordable housing. “While providing attractive and well-managed properties are top priorities,” she wrote, “affordability and obtainability is also a top priority.” She continued: “Every unit in the proposed development would be obtainable for individuals and families earning between 30% and 80% of the Area Median Income, providing a wide array of mixed incomes at the property. Tenants in our properties are schoolteachers, firefighters, police officers, LPNs, and EMTs, among many other occupations. They are hard-working individuals and families who deserve a high-quality, safe, and affordable place to live.”

Deputy Zoning Administrator John Ware presents business items to the commission.

The proposed use of the property at 0 East Criser Road, adjacent to Rural King and Samuels Public Library, is multi-family apartments. Although located on the border of one-hundred-year and five-hundred-year floodplains due to the proximity of Happy Creek, there is a secure portion of the property above the floodplains that can be used for construction. Surber Development has a history of success with eighteen completed multifamily developments, with five currently under construction and four in pre-development that will begin construction in fall of 2024 or spring of 2025. Surber Development has been active throughout Virginia since 2012 and Jen Surber’s history in real estate goes back to 2003.

Director of Public Works Robert Boyer gives an informational talk on town infrastructure and answers questions.

As of September 6, the Boisseau Family, L.C. III, managed by Richard W. Boisseau, III, is the owner of the property on which Surber Development would undertake to deliver these multifamily apartments to the community. The manager wrote to Kopishke informing her that Surber Development has the consent of the LLC to apply for a special use permit. He also informed her that the LLC had entered a contract with Surber for the sale and purchase of the property.

After an informational talk on town infrastructure from Director of Public Works Robert Boyer, with a period of question and answer, followed by a brief discussion of a zoning ordinance rewrite, which will unfold over the coming months, the meeting was adjourned at 7:44 p.m.