Developer Ready, But Senses JCC Supes are Not

By Desiree Parker Tuesday, August 10, 2010

James City County supervisors were scheduled to continue discussion on the controversial Deer Lake subdivision, but the applicant has requested a deferral until the county has made up its mind on certain growth control policies.

The Lennar Corporation is ready to build Deer Lake, a proposed age-restricted development attached to Colonial Heritage, and needs county approval to move forward. They’ve applied for a special use permit and a Master Plan amendment along with a rezoning to build a 50-lot cluster on 66 acres, some of which would cross the Primary Service Area (an imaginary line where services end, which allows the county to control growth).

Lennar agreed to set aside 90 acres for conservation to sweeten the deal, along with proffers to follow a watershed plan for Yarmouth Creek, add neighborhood recreation facilities and follow Parks and Recreation proffer guidelines. They also offered cash contributions, privately maintained streets with a maintenance fund, extra buffers and easements, and green building construction for all 50 proposed units.

At their July 13 meeting, the case was deferred but led supervisors into a lively discussion over whether the PSA was still a viable tool for controlling growth and what might be the best way to preserve rural lands in the county. Some supervisors questioned the applicant’s proffer of keeping a different parcel of land in the county from being developed, one which is currently within the PSA and zoned for development.

Many citizens had previously spoken out against Deer Lake for various reasons, including the expansion outside the PSA, and the fact that the county already examined the case during the Comprehensive Plan process and decided not to change the PSA line for the applicant.

The planning commission supported the applications in May, but staff did not recommend approval.

After holding a recent public meeting to try to ease public concern over the case, the attorney for Lennar has requested indefinite deferral of the case because “a majority of the Supervisors feel that this application may not be ripe for consideration until the Board has examined the County’s rural lands preservation program, transfer of development rights ordinance and/or primary service area line policy.”

The applicant will wait until the board resolves these issues before continuing with the request.

Other business
Though supervisors won’t be deciding the fate of Deer Lake, they will discuss a special use permit for the planned new location for Grove Christian Outreach Center.

The center has two parcels of land on which they plan to build a 5,628 square-foot building with a proposal for future expansion. The building would house the outreach center and the church, which is now in a building down the street that is about the size of a double-wide trailer.

The planning commission unanimously recommended the SUP for approval in July after several heartfelt anecdotes citizens shared about the good the outreach center does for the Grove community.

To see the complete agenda, look here.

Supervisors will meet at 7 p.m. in building F of the county government complex on Mounts Bay Road.