Ex-official questions rezoning for subdivision

Brown says applicant has amended original proffers in latest draft given to town

By Ben Orcutt -- borcutt@nvdaily.com

FRONT ROYAL -- Although she will not have a vote come Wednesday, former Front Royal Planning Commission Chairwoman Therese Brown remains concerned over a pending rezoning request that could allow a development of more than 300 homes.

David Vazzana, president of Front Royal Limited Partnership, is seeking the rezoning of roughly 150 acres in the area of Happy Creek Road and Mary's Shady Lane from residential estate to a denser residential zoning to allow for 320 single-family homes, as opposed to 75 to 99 that could be built by right.

The request is pending before the Front Royal Planning Commission, which is scheduled to recommend approval or denial to the Town Council this week.

Even though Brown's four-year term expired at the end of August, she feels compelled to address issues that she believes have arisen in Front Royal Limited Partnership's rezoning request and aired those concerns in a letter she delivered Friday to Town Manager J. Michael Graham, with copies for the Town Council, the Planning Commission and other interested parties.

"In anticipation of the September 16th planning commission meeting, the applicant has amended the proffers he submitted to the town prior to the August 19th public hearing," Brown says. "The latest draft contains changes to initial proffers regarding phasing, neighborhood park, monetary amount per unit. In addition to these changes, it also contains proffer conditions for right-of-way dedications and reservation and construction of what the applicant refers to as the 'East/West Connector.' This proffered road is anticipated to connect through to Manassas Ave. or 8th St. It is primarily this change to the proposal that gives rise to my questions."

Brown then lists eight questions that deal with that issue and whether or not the proffer has changed substantially enough to warrant readvertising of a public hearing prior to a vote by the Planning Commission. She even furnishes the state code that she believes is relevant.

"Have adjoining landowners on the Western side, in the area of Manassas Ave. and 8th St., now materially affected by this proposal, been notified?" Brown asks. "Have those who live in the vicinity of this proposed road, those who live on or near potentially impacted streets, been granted an opportunity to react, weigh in, or have their opinion been heard at a public hearing? When do these people get to weigh in on the rerouting of and increase in traffic through their neighborhood(s)? Should this application have been advertised for an additional public hearing prior to the planning commission rendering a decision?"

Contacted after 5 p.m. on Friday, Planning Commission Chairman David E. Gushee said he had not seen Brown's letter, but that it appeared to him that her questions would require a legal response.

"I haven't read her message and it seems to me to there's a certain element of legal interpretation [needed]," Gushee said.

Planning Commission member Sandra Charles said that while she has not received a copy of Brown's letter, she has spoken with Brown about her concerns, as well as Town Attorney Thomas R. Robinett about whether it is necessary to readvertise for a public hearing prior to the Planning Commission taking a vote.

"I talked to Mr. Robinett about that and he didn't seem to think we did," Charles said. "We're running out of time with this. My thinking is, it has to go to the Town Council and if they approve it, including the east-west connector road, then they have to have a public hearing on it then. That's my understanding."

Some Warren County residents who live near the land under consideration for rezoning believe the Planning Commission should delay its vote.

"I'm for delaying anything," said Ramona Bowden, who lives on Windy Knoll Drive and has been following the issue closely. "Absolutely."

Trudy Purdy, who lives in Shenandoah River Estates, said she never received any notice from the town regarding the rezoning request. She also thinks the Planning Commission should postpone its vote and notify those property owners who could be affected by the east-west connector road.

"I think that would be a good idea," Purdy said.