Commissioners Don't Recommend OK for Courthouse Commons Plan

By Desiree Parker Friday, June 04, 2010

After hours of discussion, James City County Planning Commissioners voted down a plan for a development across from Settler’s Market on Monticello Avenue Wednesday evening. Discussions went on without Commissioner Chris Henderson, who recused himself and left the dais because of financial ties to the development.

The development, called Courthouse Commons, is likely to have a bank, a drug store, a restaurant and some retail areas along with a local favorite, the Fresh Market, which plans to move to the new development if it’s built. It would have up to 83,000 square feet of retail and office space.

Commissioners voted 4-2 to deny the application, with Jack Fraley and Mike Maddocks dissenting and Henderson not voting. Commissioners did agree that if the plan had been revised with their concerns in mind, they would have been more inclined to support it. The plan will continue on to the board of supervisors, without a recommendation for approval by either staff or the commission.

County staff did not recommend approval of the plan due to detrimental effect on traffic patterns, which is mainly what commissioners’ discussions revolved around. But citizen comments were more personal and centered on the ethics of a planning commissioner being a part of a large development being approved by the commission. Henderson only said at the meeting that he had a financial connection, not that he was part of the applicant called only “New Town Six,” comprised of one or more developers who have chosen to remain anonymous during the application process.

County resident Robert Richardson, who speaks at nearly every county meeting, told commissioners he thought Henderson was a member of New Town Six. He reiterated a complaint he has made on several occasions, which is that Henderson collected about $20,000 for the campaigns of the three Republican supervisors who are now on the board, after which he was appointed by them to the planning commission.

“There is a perception of returning favors for [Henderson] if [Courthouse Commons] is approved,” Richardson said. Also, “we need to know who New Town Six is… it might be board members. We don’t know. It has the perception of favors being traded.”

Richardson also referenced an audience member who was also planning to speak at the meeting, Bill Chenail. He accused Chenail of being childhood friends with Henderson and of speaking on Henderson’s behalf from a pre-planned speech. He accused Chenail of having spoken on behalf of Henderson on a previous issue, too.

When Chenail’s turn came to speak, he did not bring notes to the podium. Chenail told commissioners he had no prepared speech, and said to Richardson, “I take offense to what you said, it’s not true.” He told commissioners, “There’s nothing about this project that shouldn’t be approved; who the developer is is irrelevant. I’m thrilled a developer is willing to spend money in the county.” He said there were traffic problems everywhere in the country, and that the area would be developed one day, with or without this development.

He took a parting shot at Richardson, saying, “I don’t know why you’re out to get Henderson. You need to get a life. You come to every meeting and all you do is harass people.”

While Chenail spoke, Richardson slid over to where Chenail had been sitting and took the man’s notes. The men got in a slight verbal argument over the notes, interrupting the speaker who followed.

Concern that the argument was escalating after commission chair Reese Peck tried unsuccessfully to gavel the pair quiet led Deputy County Attorney Adam Kinsman to call police. Major Steve Rubino of the James City Police Department said both men agreed to leave and no further action was required.

Commissioners did not reference Henderson or his connection during their discussion of the development, or Richardson’s objections over the ethics of the situation. They did, however, take time out before the hearing began to disclose publicly all the discussions they had had with people related to the case over the course of the previous week, something which is not common for them to do from the dais. Nearly all the commissioners had had some discussions about various aspects of the case with either developers, contractors, or others involved.

Staff outlined their concerns about the case, which centered on traffic along Monticello Avenue. A traffic study submitted by the applicant indicated that the level of service along the corridor is worse today than had been projected by previous traffic studies, and New Town is not even fully built-out yet, meaning only more traffic in the future. County guidelines aim for a level “C” in level of service, but there would be many areas that would fall to level “D” or below by 2016 given current development.

What commissioners had trouble with was a related chart provided by staff, which showed that traffic  service levels would degrade regardless of the fate of Courthouse Commons. The attorney representing the applicant pointed out that though Courthouse Commons would add additional cars to the area, it wouldn’t reduce the service grade any more than what is expected from current buildout of New Town and environs.

Commissioner Jack Fraley pointed out that Monticello was intended to be six lanes, but when the county and VDOT got to the project it was decided to continue with four lanes. Further complicating the traffic issue is a current road improvement plan in the works, called the West Monticello Plan, which would improve traffic along one area of the corridor.

The applicant proffered thousands of dollars towards the project, and commissioners wanted them to proffer more, in light of the poor traffic situation. Staff pointed out the project is already short by $1.5 million.

“All this traffic stuff is troubling me,” Fraley said. “How do we find ourselves in this situation, with a worse level of service than was estimated?”

Fraley also asked about what sorts of businesses could go into the area in question by right, without approval of the planning commission. Staff said any building less than 10,000 square feet (Courthouse Commons far exceeds the square footage trigger) and any business that would generate less than 100 peak-hour car trips. This would likely be industrial or office space, or possibly small retail space.

The applicant’s representative argued that the applicant had agreed to several conditions on the development, and would fit in with New Town and be reviewed by New Town’s representatives. He pointed out it was already a lot with a crumbling industrial building and parking lot, and that Fresh Market would likely move out of the county to High Street if the plan isn’t approved.

He argued that by-right development will happen in the area anyway, if Courthouse Commons isn’t approved.

After questioning several traffic contractors and staff, commissioners voted not to approve the plan as presented.

Commissioner Joe Poole said the Comprehensive Plan focuses on sustainability, and he didn’t think it was an appropriate time to consider the application when so much other commercial space is available in the area. He didn’t want to look at what by-right businesses might come in, or where the Fresh Market might move to, because “I don’t believe it’s credible or responsible.”

He also raised concerns about Colony Square Shopping Center on Jamestown Road, the current home of the Fresh Market, a sentiment echoed by some other commissioners.

Fraley, who supported the development, said the county would lose the financial benefit and employment, and that the Business Climate Task Force had focused on retaining business and attracting business to the county, which this would accomplish.

He had reservations about the size of the buildings (leading to not enough parking spaces and reduced buffers), the level of money offered by the applicant for traffic improvements, and the unlimited uses of the space for various businesses. Fraley said he hoped these would be addressed by the applicant.