JCC Commission Bucks Comp Plan to OK Development

By Amber Lester Saturday, April 10, 2010

The James City County Planning Commission approved a proposal to extend the Primary Service Area to an age-restricted development, in exchange for 90 acres of conservation land at its Wednesday meeting.

The decision differed from the staff recommendation to deny approval because the proposal went against parts of the recently approved comprehensive plan for development. The Planning Commission spent more than an hour debating the issue, finally voting 4-3 in favor of the proposal.

Colonial Heritage Deer Lake will now seek approval from the Board of Supervisors to expand its development to include a cluster of workforce housing. The developer, Lennar, also requested the land be rezoned to Mixed-Use and R-2, General Residential. Lennar amended its proffers to include an offer of 90 acres to become conservation lands.

The proposed development would be outside the primary service area, but Lennar was requesting public water and sewer. Commissioners were most concerned with that element of the proposal, as was county staff. In its recommendation, staff said the proposal “clearly violates the Primary Service Area as a growth management tool, as it proposes an extension of suburban residential development outside of the PSA.”

Staff also was concerned about the proposal to build housing in a residential cluster, meaning 4.6 dwelling units per acre as opposed to the .33 dwelling units per acre recommended for rural lands outside the PSA.

Colonial Heritage has a 2,000-unit cap, which is retained in the current proposal. The new development would happen on 66.4 acres out of 221 acres not dedicated as open space. The remaining acres would become the conservation lands.

Commissioner Richard Krapf was among the members concerned about extending county services beyond the PSA, saying it would “set a precedent that I truly believe would plague James City County for years to come.”

“It also sends a message that the PSA line is arbitrary and can be proffered away,” he said.

His concerns were echoed by commissioner Joe Poole, who said the PSA is not just a line on a map. “To me, it’s sacred,” he said.

Commissioner Jack Fraley said the plan had several features he didn’t agree with, but he saw substantial benefits, including the cluster development, a plan to allow stormwater to run off into Deer Lake and the age restriction. “The PSA does not support smart and sustainable growth,” Fraley said, before adding he would support the proposal.

During the comprehensive plan process last year, the applicant had tried to get the steering committee to change the land use designation so the PSA would have included the parcel. At that time, Fraley, who chaired the committee, voted in favor of the request, but it was defeated 6-5.

Commissioner Chris Henderson also supported the proposal. He said he considered the PSA extension a “minor adjustment” and said, “I believe the environmental benefits combined with the fiscal benefits make a compelling case.”

Other Approvals
During its four-hour meeting, the Planning Commission also unanimously approved a proposal to construct a drive-thru CVS and a Food Lion at the soap and candle factory site at 7521 Richmond Road.

The parcel will be subdivided to accommodate the two businesses, which are both designed to look more attractive than the typical CVS or Food Lion to better fit in the Norge Community Character Area.

The development was supported by neighboring Cross Walk Community Church, whose lead pastor, Mark Morrow, sent a letter encouraging the commission to approve the project.

The commission also approved a proposal to construct a gas station and convenience store called Freedom Market at the corner of Longhill and Centerville Roads, across from Freedom Park.

A Special Use Permit was approved for Exxon on the same parcel in 1998, but the station was never built. The 2,400-square-foot convenience store will have three fueling islands with six pumps.

Dr. Bonnie Brown, owner of the Jolly Pond Veterinary Hospital, spoke against the approval of the station, citing concerns about increased foot traffic. She said county police have had to park in her parking lot at night to discourage vandalism, and fears a gas station will only increase loitering in the area. The business will be open from 5 a.m. to 11 p.m., according to the proposal.

The commissioners said they heard her concerns, but from a land use standpoint, they found no reason to deny the proposal.