Town Planning Commission deadlocks on Sayre-Ryan Homes rezoning request

The Front Royal Planning Commission met Wednesday, January 18, to consider a rezoning application submitted by NVR Ryan Homes to change the zoning for a 44-acre parcel from R-E (residential parcels of an acre or more) to R-1a (Parcels of 1/3 that size) to permit the development of 134 residential lots. The parcel, owned by former Town Councilman and County Supervisor Tom Sayre, is located at 835 Shenandoah Shores Road adjacent to the Norfolk Southern Railroad and relies on the infamous Shenandoah Shores-Happy Creek Road intersection that is additionally bisected by the railroad.

The conceptual drawings of the proposed project show an entrance from Shenandoah Shores Road and a proposed entrance onto the long-awaited “East-West connector road” that has yet to be built after more than 20 years of discussion. That proposed road was intended to connect Shenandoah Shores Road with the end of Manassas Avenue and so provide a second means of access to the Shenandoah Shores subdivision and all the other developed areas along that road, including Christendom College, Happy Creek Industrial Park, Chelsea Academy, and Happy Creek Storage.

A 2012 annexation agreement between the Town of Front Royal and Warren County for a previous rezoning and development project (Front Royal Limited Partnership) stated that the connector road would be built using a combination of developer cash proffers and town funding, but none of that road building has yet come to pass.

A graphic shows a proposed subdivision of 134 lots for Shenandoah Shores Road. The thin red lines on the right show a proposed set-aside to accommodate a flyover from Leach Run Parkway, although no funding has yet been identified until at least the Fiscal year 2025. Royal Examiner photos by Stephen Sill

The Shenandoah Shores-Happy Creek Road intersection referred to above has been the source of consternation and frustration for more than 30 years for residents and businesses due to periodic blockages from trains. The Public Hearing for the proposed rezoning brought concerned citizens out to address the issue. Without exception, the speakers resoundingly opposed the development of that parcel unless the access problem is first solved. Residents addressing the commission referred to years of “Kicking the can down the road” despite massive growth through the area, with seemingly no concrete action towards relieving the problem of access.

John Lundberg addresses the Town Planning Commission with his reasons that the NVR Ryan Homes/Tom Sayre rezoning should be denied. The Commission defeated the proposal by a 2-2 tie.

Local resident John Lundberg gave three reasons why the proposal should be defeated – The increased number of vehicles backed up on Shenandoah Shores Road when trains (there are 9 daily) cross the intersection and must stop for a variety of reasons; traffic backups on Happy Creek Road for the trains, and health and safety issues when emergency response vehicles are caught in the same backups.

A 2004 Town Comprehensive Plan quote states the explicit problem with this intersection: “Until a grade separation crossing of the railroad track has been constructed. However, a moderate to dense development of the area north of the railroad and west of Shenandoah Shores Road is simply unsafe … the opportunities for conflict resulting in traffic accidents are too great for safety.”

Another long-standing option is the potential for an Interstate 66 exit onto Shenandoah Shores road, which would provide another potential ingress/egress for the community. Even though there have been discussions and information gathering on this subject for decades, VDOT and the Commonwealth Transportation Board (CTB) activities do not show any active efforts to address the issue. One issue for VDOT is an exit connected dead-end state road (at the river) that violates standards for Interstate access/egress interchanges.

Mike Foeckler of Christendom College echoed many of the same concerns as the other speakers. The Happy Creek Industrial Park is “languishing” because of access problems.

When the Leach Run Parkway was completed at great fanfare in 2017, at a cost of almost $16 million, expectations in the community were that a bridge across the railroad track would join the new parkway with Shenandoah Shores Road and resolve once and for all at least some of the problem with the Happy Creek intersection. It was not to be. Funding for the flyover was unavailable, and the new parkway was terminated in a T-intersection at Happy Creek Road.

NVR Ryan Homes Representative Ty Lawson told the commissioners that their proffers included the necessary infrastructure, such as roads, entrance drives, water and sewer, open space, walking trails, and trees, in response to community input. He also showed the commission that the conceptual site plan had been altered to accommodate the space for the Leach Run flyover, although, as mentioned above, that project may be a long way from reality. He cited a traffic study that showed what the impact on Shenandoah Shores Road would be, although notably absent from that study was the Norfolk Southern train traffic and its effect on access to Shenandoah Shores Road. In response to questions from the Commission, Mr. Lawson said NVR Ryan Homes intends to begin site work on the parcel in 2025.

NVR Ryan Homes representative Ty Lawson explains the provisions in their rezoning proposal of the parcel on Shenandoah Shores Road that has been amended to respond to previous citizen and Planning Commission input.

Based on the input from citizens at the Public Hearing, since neither of the potential solutions for the Shenandoah Shores Road access problem is anywhere near completion, the Planning Commission was split on the right answer. Chairman Daryl Merchant tapped into the sentiment of the speakers. “I appreciate you all coming out to express your opinions. That’s what we want. I think this commission understands your concerns. Our purpose is to determine whether this is an appropriate use of the parcel. Our purpose is not to approve or disapprove of a project; we have no funding authority. No matter what we decide tonight, the trains are still going to be using that track.”

During the commission member’s comments after the public hearing, Commissioner Marshner asked what the traffic count cited for the development was based on. Answer: They are the standard counts based on the VDOT formula. Commissioner Wood opined that a development request more than 12 years ago proffered that connector road, and yet it is still not built. The Town Planning Department had included provisions in its summary for the Commissioners as part of their approval. They include:

Amendment of the proffer statement to include language addressing their responsibility to expand and install the on-site utility infrastructure in accordance with Town Code Chapter 134.

Amending their proffers to include language addressing their responsibility for the cost of installing storm-water facilities on-site in compliance with the subdivision ordinance (Ch 148 of Town Code) and the maintenance of the storm-water structures by the HOA.

Amendment of their concept plan to provide the size and location of open space areas.

Construction of the entrance in accordance with Town and VDOT standards.

Eventually, the commission voted 2-2 on an approval motion by Commissioner Daniel Wells, seconded by Commissioner Glenn Wood, effectively denying the request. The “No” votes by Vice-Chair Connie Marshner and Commissioner Wood reflected the concerns raised by 12 of the 13 Public speakers – that developing any site north of the railroad would contribute to the already problematic intersection.

This failed approval leaves the future of the proposed rezoning – and the development itself – in some question. The request will be sent to The Front Royal Town Council, but the conditions proposed by the Planning Department that were to be imposed on the rezoning will no longer be part of the deadlocked vote forwarded to council on the rezoning request.

In other actions, the Commission unanimously approved the Town of Front Royal Fiscal Year 2023 Capital Improvement Plan (CIP), which contains line items for the East-West Connector and the Leach Run Flyover. The East-West Connector line item shows a $20 million cost but no planned funds before the Fiscal year 2028. The Flyover line item shows a total of $27 million cost, with plans for funding in 2025, ’26, and ’27, and the remaining $9 million not planned. However, the CIP is not a funding document, and projects are not funded until they are first budgeted for.

The commission also approved a Special Use Permit (SUP) request by Barbara Samuels to construct a first-floor dwelling unit at 437 South Royal Avenue. Most of the building is used for commercial offices. Zoning Administrator John Ware briefed the Commission that there were only 8 parking spaces currently designated in the parking area, and the ordinance would require 15, so the permit would require 7 more spaces to be striped. There were no speakers either for or against the proposal, and the Commission, on a motion by Vice-Chairman Marshner, seconded by Commissioner Wells, voted unanimously to recommend the request for approval by Town Council.

Under its Consent Agenda, the Commission approved an authorization to advertise a SUP request from Jeffrey Kelble for a commercial Outdoor Recreation facility at 1847 North Royal Avenue (the former VFW property). The parcel is zoned A-1 Agricultural and open space preservation. The public hearing will be held on February 15.

The meeting was adjourned at 9:10 p.m.