By Robert King -- Daily Staff Writer

FRONT ROYAL — A developer behind a lawsuit over the relocation of Mary's Shady Lane wants to present options to Front Royal officials for developing property near the road.

Front Royal Limited Partnership wants a joint dialogue with the Town Council and Planning Commission over potential options. The developer has preliminary approval for a 99-home by-right subdivision on 150 acres off Happy Creek Road. Other options include rezoning the property to offer up to 320 homes.

The developer received preliminary plan approval from the Planning Commission for 99 1-acre lots in April 2006 to be developed by-right, meaning full town approval isn't required. National homebuilder Centex Homes planned to develop the property, but pulled out.

Front Royal Limited Partnership believes the by-right option isn't consistent with the town's comprehensive plan. A rezoning or open space subdivision is more consistent, an informational packet from the developer states.

The developer argues there would be a negligible difference in profits amongst the three options. That is because additional units add more development costs and proffer costs.

Both options have obstacles, the packet reads.

The by-right open space option consists of the same amount of lots, but clustered together to preserve open space, the packet states. Another open space alternative is for the town to provide a density bonus for more lots in exchange for on- and off-site amenities.

But the town doesn't have an open space ordinance, and one would need to be approved.

The third option is to rezone the property to residential. It allows for higher home densities in exchange for proffers.

A 320-unit rezoning would generate $5.08 million in proffers and $3.2 million in tap fees "versus $990,000 the community would collect in tap fees for the 99-unit by-right alternative," the packet reads.

Front Royal Limited Partnership requested a joint dialogue with the council and commission as opposed to dealing with the latter first and then the council.

"The planning commission ... is only tasked with reviewing such applications in regards to planning issues specific to the project itself," the packet reads.

As an example, the developer said the commission might not think roads could handle more traffic, but the council might argue the proffers could contribute toward infrastructure improvements.

But the town wants to continue the process of going through the Planning Commission first.

"If we don't follow that process then everybody would start to bypass the planning process, and why have a planning commission," said Town Manager Michael Graham.

Dave Vazzana, who is with Front Royal Limited Partnership, is scheduled to give a presentation to the commission Wednesday at 1 p.m. at the Town Hall.

Front Royal Limited Partnership is also involved in a lawsuit over the relocation of an easement called Mary's Shady Lane.

The easement is currently an entrance and exit point onto Happy Creek Road. The developers want to move the easement to have direct access to Shenandoah Shores Road, and want the court to extinguish the rights of more than 100 property owners to the easement.

The easement's current location "makes it slightly difficult to coordinate a reasonable development," Michael Coughlin, an attorney for the developer, has said.

The defendants argued in court records that if the easement is moved it will mean more gas expenses because they have to travel farther, and may affect response times for emergency services. Other defendants have argued topography changes due to the development may affect their wells.

Vazzana refused to comment by e-mail on the lawsuit.

* Contact Robert King at rking@nvdaily.com