The battle over 100 new Silver Creek homes in Waynesboro

Controversy is brewing in Waynesboro over proposed revisions to a decades-old plan to bring 100 new single-family homes to the Silver Creek subdivision.

The subdivision began in 2006, when Waynesboro City Council approved a rezoning for developer Fallfax Inc. The developer constructed over 30 homes in the subdivision before the project went dormant. Now, decades later, that stasis could be lifting.

Wells Land Development LLC, owned by Julian Wells, purchased the development in 2025 and spoke with the city to revise construction requirements. Both the original and revised plans show construction of an additional 100 homes.

The approval process has not been simple. Waynesboro City Council has twice tabled an ordinance amending the development plan, then called a special meeting to introduce it ahead of a May 11 vote.

Wells and Vice Mayor Lorie Jean Akanbi criticized council for delaying the project, while multiple council members have pushed for including a public access road connecting the subdivision to Bookerdale Road.

What was the original developer required to do for Silver Creek construction?

According to the rezoning staff report, Fallfax Inc. applied for and received rezoning approval for the first set of homes in 2006. At that time, the developer agreed to five proffers – requirements for construction agreed to by the developer – along with the rezoning:

• Construction of a connector road from Hawke Street – an unbuilt road connecting to Silver Creek Drive on the preliminary design of the subdivision – to Bookerdale Road.
• A partial financial commitment toward replacing the Bookerdale Road bridge.
• Donation of a 0.125-acre lot for a city sewer pump station.
• “Best efforts” to limit construction traffic on Forest Drive and Belvue Road and to build stormwater facilities.
• Compliance with the project’s master plan.

The full text of the proffers are available on page 46 of the staff report.

Why remove the proffers?

Since the 2006 rezoning, over 30 homes have been built. The new developer requested the removal of all five of these proffers for reasons unique to each proffer.

The city didn’t move forward with the proposed Bookerdale Road bridge replacement, and the developer agreed to cover about one-quarter of the cost.

“This means that the total cost to replace the bridge is unknown and was unknown when this proffer was put in place,” states the staff report. Leslie Tate, the city’s director of community development, said city staff suspects but couldn’t confirm this proffer is what brought the project to a standstill.

In 2021, the current bridge had its deck replaced and, according to city staff, a 2024 inspection report listed it in good condition. Another nearby project, the Lew Dewitt-Rosser connector road, could also make the bridge obsolete.

More details can be found in the staff report and in the April 13 council meeting.

What are the new proffers?

The newly proposed proffers include:

• The development will continue based on an updated design, available on page 24 of the staff report. The project would bring 100 single family residential lots on the remaining, undeveloped, portions of the subdivision.
• Right of way and easements for the southern property line “shall be dedicated to the city of Waynesboro for a future connector road and greenway trail.”
• A connection between Everett Street and Bookerdale Road south of the proposed development will be phased during construction of the homes in the subdivision. The developer would need to build a gravel emergency access road that’s not open to the public. This road would need to be built before the 31st home was completed, at which point the fire code requires a secondary access road.

A public hearing was held on the amendments on April 13, with no speakers, but some later questioned how open the hearing really was for public comment. Councilmember Terry Short moved to table the ordinance after the public hearing. He was concerned about the phasing of the project, the connector road and the consistency of architecture between the already completed homes and the 100 left to build.

“As I read the staff report, there had been attempts to ascertain whether or not the applicant would be willing or unwilling to consider or provide design standards for the homes and that has been met with no response,” said Short. Tate also said it was “unclear” if the homes already built “strictly adhere” to the old master plan.

The ordinance returned on April 27, with several councilmembers raising concerns there wasn’t a proffer requiring a public access road be built during construction. City Manager Mike Hamp explained the developer “does not wish to proffer any architectural standards” or any revised “transportation system improvements.” This means the non-public access road would remain an inaccessible road for the public, leaving the subdivision with only the two current entrance points at Forest Drive and Silver Creek Road.

“One of my continued concerns [is] never seeing a public road to Bookerdale … because it’s saved to the end [of the build out],” Short said. He pointed out the final phase of the project was the smallest yield in revenue from the developer, which could disincentivize another developer from building the road if the development is purchased again mid-construction.

Council again moved to table the ordinance. Akanbi questioned council tabling the ordinance multiple times, advocating for always setting a date to bring back tabled items.

“Mr. Wells is not going to say it, but I think it’s a no-brainer, common sense,” Akanbi said. “The longer he has to wait for this thing, it’s costing him more money. It has to be. And so, how long we going to be?”

“I’m interested in, and I’m sure my all of my colleagues are interested in, making the right decision for 22,000 people [who live in Waynesboro], rather than an individual,” replied Short.

Frustration with how the public hearing was conducted

Hamp said Wells was in the room on April 13 but had not signed up to speak during the public hearing. The video of the meeting shows Mayor Kenny Lee opening the public hearing, Hamp saying no one has signed up to speak, then closing the public hearing without asking the room if anyone would like to comment on the matter.

After consulting the city attorney, Hamp encouraged council to let Wells speak. He did so, saying the project had been in development for about three years and highlighted the new proffers.

Wells spoke up again right before the vote to table the ordinance was called.

“I don’t understand why, for the second time now, we are tabling this because of putting a permanent road in,” said Wells.

Wells said he negotiated over the architectural plans, as specified by council on April 13, and revised the plans to include the gravel, emergency access only road at the request of the planning commission. Mayor Kenny Lee confirmed the emergency access road was something he requested as the project worked through the planning commission. Wells pointed to the cost of building the road, given complications with water infrastructure and to other developments that only have one access road. The delays, he said, are “a waste of my time and energy,” and he could build 27 more homes without city council approving the ordinance. He was also critical of the way the public hearing was conducted.

“Y’all act like I have not done anything and I have not done what y’all requested me to do,” Wells said. “Y’all did not afford me the last time to be able to speak. Knew I was here. Knew I was here in in this gallery. And y’all sat here and closed the session without giving me the time and the decency and respect to be able to get up here and talk.”

A handful of Silver Creek phase one residents speak up

The motion to table introducing the ordinance was passed 3-2, with Akanbi and Councilmember Jeremy Sloat voting against. However, the ordinance was introduced in a specially called council meeting on May 1, with the ordinance being the only thing on the agenda.

“I want to be clear, the city council is committed to making an informed decision with due consideration of the interests of the applicant and property owners adjacent to and around the development,” said Lee. “In striking that balance, I believe introduction of the ordinance acknowledges the need for timely consideration of the applicant’s request without compromising the council’s ability to weigh concerns expressed by citizens.”

After the ordinance was introduced, council opened for public comment. Several residents of the 2006 Silver Creek build out were present, asking for an update on negotiations over the access road and raising concerns about the volume of traffic over 130 total houses without another public access road out to Bookerdale.

Jason Reamer said phase one residents were required to meet homeowners association standards and worried the lack of architectural requirements would create unequal expectations. Several of his neighbors echoed this view.

Mark Stephens said he worked with real estate developers and complimented the work of Waynesboro’s staff. He also felt council was taking the right approach.

“If this was a nonprofit affordable housing developer, the conversation may be different, but I don’t think it’s fair to put upon the residents of that community as well as the tax base as a whole to make it easier for a market rate developer,” said Stevens.

Waynesboro City Council is expected to take a vote on the ordinance on Monday, May 11, at its next regular meeting.

Lyra Bordelon (she/her) is the public transparency and justice reporter at The News Leader. Do you have a story tip or feedback? It’s welcome through email to [email protected]. Subscribe to us at newsleader.com.

This article originally appeared on Staunton News Leader: The battle over 100 new Silver Creek homes in Waynesboro

Reporting by Lyra Bordelon, Staunton News Leader / Staunton News Leader

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