Commission schedules November review after Front Royal–Warren County annexation settlement

The Commission on Local Government announced that the parties to the Front Royal Limited Partnership annexation matter have reached a voluntary settlement and set a revised submission and review schedule.

Zack Robbins, the Commission’s Local Government Policy Manager, said staff will perform a cursory review of FRLP's September 2012 submission and ask the parties to provide updated economic and financial information. Robbins said staff would try to share what additional information is needed with the parties by the end of the week.

Warren County Attorney Blair Mitchell told the Commission the county’s primary concern remains securing a cash proffer sufficient to offset impacts to the county school system, and that FRLP expressed hesitation about committing to the suggested cash proffer given uncertainty about what the Town would require upon annexation and rezoning—particularly for transportation. Mitchell said much of FRLP’s 2012 annexation submission remains relevant to the voluntary settlement and that parties will provide updated materials.

Front Royal Town Attorney Doug Napier described the difficulty of “rezoning without zoning” and forecasting how the project would develop over several years. Commissioner Cole Hendrix asked how the developer would be assured that proffer language agreed in the voluntary settlement would be the same as what the Town accepts at rezoning. Mitchell said the agreement requires FRLP to proffer a minimum cash amount but allows additional negotiation at rezoning and noted that eight years of prior planning had helped clarify expectations. The discussion also touched on phased development and a proposed two‑tiered cash proffer amount.

To accommodate a state holiday on a previously proposed deadline, the Commission accepted a motion by Commissioner Harold H. Bannister, Jr., seconded by Hendrix, to extend the deadline for receipt of the proposed voluntary settlement agreement and supporting materials from Aug. 27, 2013 to Sept. 20, 2013. The Commission also approved the following review schedule: site visit in Front Royal on Monday, Nov. 18, 2013 (10:30 a.m.), oral presentations the same day from 2:00–5:00 p.m., a public hearing at 7:00 p.m., and a special/regular meeting on Tuesday, Nov. 19; the record is to close two weeks after the public hearing (Dec. 2, 2013, at close of business). The motion passed unanimously.

The Commission’s staff will provide a brief synopsis of parties’ interests and any additional materials needed to support the upcoming voluntary settlement submission. Mitchell said it is likely that some related negotiations will not result in a formal case before the Commission.