By Desiree Parker
Saturday, March 06, 2010
After five years, James City County Planning Commissioners finally put to rest a contentious proposed development within Season’s Trace Wednesday evening by denying approval of the site plan.
In February, the commission had only six members to discuss the issue and, after a tie vote, decided to wait until March so the whole commission could vote. On Wednesday evening, commissioners voted 4 to 3 to reject the plan after discussing the nuances of whether their opinion counted in the case at all. Most felt that it did.
Numerous citizens came out to protest the proposed 24 townhomes in the Autumn West portion of Season’s Trace, citing their concerns about storm water runoff, tree removal, high density, traffic and just general unhappiness with more homes in the area.
Sarah Kadec, member of the James City County Concerned Citizens but speaking for only herself at the meeting, reiterated concerns she’s voiced before about the development – namely, that too much habitat would be destroyed, stormwater problems could be exacerbated, quality of life for homeowners would decline, and the topography is poor and not good for the proposed density of dwellings.
She also said the J4Cs have set up an account for the money they’re raising to purchase the land, regardless of the commissioners’ decision. They had previously asked the county to use its Greenspace Fund to purchase the land, but supervisors chose not to do so.
“I still don’t believe the master plan or ordinances support this,” she told commissioners, “and I ask that you deny it.”
Eight other county residents, many of them from Season’s Trace, echoed Kadec’s sentiments.
Joyce Wolfe, speaking on behalf of the developer, said the density over the total 8 acres was less than other densities in the area and pointed out much of the land would remain undisturbed (due to environmental laws). She reminded commissioners the developer offered a tree preservation plan and that Autumn West would help abate stormwater runoff issues.
Commissioner Chris Henderson asked Deputy County Attorney Adam Kinsman to explain the idea of by-right development to the commission and the audience. Kinsman explained that as long as a site plan complied with zoning ordinance, by-right projects were given a green light – but though staff makes recommendations, commissioners have the final say as to whether they believe a project complies.
“The buck stops with commissioners,” Kinsman said.
This is where Commissioner Rich Krapf has been getting stuck with the issue. He explained his thoughts again, saying he didn’t like the idea of the development, but “this is not a legislative issue…our latitude is much narrower.”
He argued that the site plan is in accordance with the neighborhood master plan, and the environmental impact would likely be a net gain since the area is a trouble spot and the new development would not only improve drainage in the immediate area but would also treat water from around it.
Because there had been a lot of debate about the density of the area in question since much of the 8 acres can’t be developed due to environmental laws, he reiterated that the density of the buildable portion of the lot would be 6.76 units per acre, on par with other areas of Season’s Trace.
Henderson agreed that commissioners should only look at the plan with a limited eye, since the only reason they had a say at all was because the plan called for more than 30,000 square feet of structures. “Otherwise, it would already have gone through,” he said.
Commissioner Joe Poole said that he took the 30,000 number to heart, and that he felt it wasn’t an arbitrary number. He said it was clear during the Comprehensive Plan process that many folks in the county wanted sustainable growth, and though he did see some positives in the site plan “the benefits don’t outweigh my concerns.”
The complex topography, density, and tree preservation were all still concerns to him, he said.
Commissioner Jack Fraley, who has been a vocal critic of the current plan, agreed. He felt the plan was not consistent with the comprehensive plan, which was referred to by many ordinances. Seriously altering the topography isn’t consistent with the comp plan, he said.
Chairman Reese Peck agreed that the comprehensive plan standards are critical, and that the commissioners shouldn’t just look at their decision as a simple checklist. “This entails a little bit of judgment,” he said.
Peck, Poole, Fraley and new Powhatan district commissioner Al Woods voted to deny the plan, to audience applause.
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