Heartburn

Goochland’s supervisors remained consistent as they unanimously voted to defer, until March 13, 2018, a decision on a residential rezoning application for more than 500 homes in West Creek at their December 5 meeting.  Another rezoning case, for Reader’s Branch, a 300 home  subdivision, was deferred to March, even though its applicant requested only a 30 day extension.

This was the latest episode in local governmental heartburn caused by a poorly drafted state law regarding cash proffers.

The deferral followed a detailed presentation by HHHunt Land for Mosaic, a 55 plus community on land just east of Hockett Road and south of Tuckahoe Creek Parkway, and a public hearing.  Board Chair Ned Creasey, District 3, presided over the meeting after a health related absence last month.

Mosaic, and Reader’s Branch were forwarded to the supervisors from the Planning Commission after tie votes in November.

At issue in all recent residential rezoning cases is the unknown fiscal burden  additional homes place on the county. Revisions in state cash proffer laws enable developers to address only potential capital impacts directly attributable to their projects. Before the new legislation was enacted on July 1, 2016, cash proffers could address countywide needs.

The County is in the process of developing a 25 year capital improvement plan (CIP) as part of a fiscal impact model to provide data to evaluate the cost of the “digesting”  new residential development. The sobering numbers presented on November 28 by the school division for its CIP—just under $200 million system- wide over 25 years—was fresh in the minds of the supervisors. On December 11, they will hold a workshop on CIP  projects from other county departments.

Main sticking points of the Mosaic application were Hockett Road traffic, and adding hundreds of older people, who may be more likely to need emergency medical services, to an already stressed fire-rescue system. Cash proffers included in the application exceeded the amount allocated for public safety in the county’s “old” proffer calculation. This amount would help fund a new West Creek Fire-Rescue station, but not new apparatus including ambulances and fire trucks. Recurring employee costs like salaries and benefits will be funded by increased real estate tax revenues.

No one under age 19 will be permitted to live in Mosaic. In addition to adhering to Federal rules for age restricted communities,  a deed restriction will be placed on each lot in Mosaic to that effect. County Attorney Tara McGee explained that the rezoning application, if approved, becomes county law. The age restriction, to be confirmed by a biennial census, is enforceable as zoning law with sanctions for violation.

HHHunt presented reports from traffic and other experts to support its contention that the hefty increase in tax revenue will offset needs of new residents and not overburden Hockett Road traffic. It offered to pay for a review of its traffic study by an impartial third party to confirm its results.

Traffic engineer Erich Strohhacker  acknowledged that Hockett Road traffic is the “800 pound gorilla in the room” but that congestion there is caused by background traffic from Capital One and CarMax and that Mosaic’s impact will be negligible. He said that the traffic mitigation plan for Mosaic had been approved by VDOT. Manuel Alvarez, Jr. District 2, quipped he was “..not sure that VDOT’s approval made him comfortable.”

The supervisors, while not hostile to Mosaic, could not quite bring themselves to approve it without more information. One again, the frustration with the proffer policy situation was evident on all sides.

Board Vice Chair Ken Peterson, District 5 told the HHHunt team: “…we’re all business folks and we understand that time is money. The Board of
Supervisors is charged with protecting the best interests of the whole county.”  The capital impact model under construction will list all of  future expenditures, put them together and make a budget for all the costs, not just the “profferable” ones, he said. “Staff does not have the data to weigh costs and benefits and this board cannot take action on this behind closed doors.”

Bob Minnick, District 4, echoed Peterson’s reservations that, without a better idea of long term costs of growth, he could not support a vote on it. Mosaic, he said, is an attractive concept for a number of people, but there is not enough data to evaluate its long term consequences for the county.

Kinloch, which was rezoned at the end of the last century, before the county adopted a cash proffer policy, is not yet fully built out, Minnick observed. HHHunt projects an eight year build out for Mosaic, but an economic downturn could delay that.

Creasey contended that, since the county retained a consultant to prepare the capital impact model, residential rezoning decisions should be deferred until “we can line everything up.”

Citizen comment was balanced. Some people spoke in favor of Mosaic, citing the need for a dedicated 55 plus community in Goochland and HHHunt’s long and excellent track record of developing attractive, functioning communities. Opponents contended that housing density this intense has not place in Goochland and that West Creek should be used for its intended purpose of business development.

These rezoning cases bring to mind a situation in the early days of the century, when rain was scarce and concerns about the adequacy of ground water for new subdivisions using wells were raised about every rezoning case. Developers retained hydrologists who, without exception, contended that there was more than enough water to serve every new home under consideration without adversely affecting neighboring water supplies. At least one planning commissioner at that time contended that the county needed its own water experts to help them evaluate developers’ data. While the question this time—how much will these new homes cost the county—is different, the need for a clear and unbiased picture of capital costs is more important than ever.