Everything you ever wanted to know about zoning but were afraid to ask

Many hearty souls braved the frigid night of January 21 and trekked to Goochland Baptist Church for a workshop on the rezoning process. Organized by area resident Linda Moore and featuring Goochland Director of Community Development Jo Ann Hunter, the session demystified land development in the county. District 1 Supervisor Susan Lascolette and Todd Kilduff, deputy county administrator for community development and public utilities also attended.

The impetus for the meeting was a pending rezoning application for land between Manakin and Rockville roads to build a high-density residential community. This application was not addressed, just the way that land use—zoning—can be changed.

Hunter began by discussing the county’s Comprehensive Land Use Plan, a broad vision for future development whose existence is mandated by state law. The Comp Plan must be reviewed at least every five years but can be revisited more often. Goochland’s Comp Plan was adopted on August 4, 2015 and revised last year to include new definitions for public facilities.

The Comp Plan is a tool used in making land use decisions. It is a broad, long-range—the current one is dated 2035—and serves as a guide on which to base land use decisions. The Comp Plan, said Hunter, provides a legal basis for land use decisions but does not regulate land use. The 2035 Goochland Comp Plan is on the count website http://goochlandva.us/ in its entirety.

Hunter recommended using the website to find information on a wide range of topics. The search box in the upper right corner will direct the user to the proper page. Hunter also suggested registering for notifications by clicking on the orange gear shape near the top of the page and scrolling down to “notify me” to receive notice of a wide range of county related information. The calendar on the county homepage lists upcoming meetings of board and commissions as well as community meetings for proposed zoning changes throughout the county. Yellow signs at the side of the road indicate proposed zoning actions. Go to http://goochlandva.us/833/Zoning-Signs for a map showing sign locations. Click on the yellow symbol for information about the application, including the time of upcoming meetings.

Goochland’s land use plan is based on a village concept to direct more intense residential into the eastern designated growth area and Centerville—served by the Tuckahoe Creek Service District—as well as Courthouse Village to keep 85 percent of the county rural. Courthouse Village has limited utility capacity but is also considered a logical location for residential growth.

The purpose of zoning, Hunter explained, is to protect the rights of property owners while promoting the general welfare of the community. It also ensures appropriate locations for certain functions. For instance, you would not want to build a cement plant next to an elementary school or residential neighborhood. All landowners have the right to request a change of zoning— ways they can use their property—but there is no guarantee that request will be granted, she said. Finding balance between community welfare and he property rights of landowners is a tricky undertaking.

Rezoning is a somewhat lengthy, complex, public process that, especially in Goochland County, includes several opportunities for citizens to offer feedback on the proposed change. These include at least one community meeting where the applicant, typically a landowner and or developer presents a proposal. While members of the county planning staff, planning commission, or board of supervisors may attend, the meeting belongs to the applicant.

The Planning Commission is charged with evaluating applications for zoning implications only and making recommendation to the Board of Supervisors, who look at the boarder impacts of the application and have the final say whether to grant or deny the request. Some applications, said Hunter, meet so much opposition at the community meeting or planning commission stage that they are withdrawn. If rejected by the supervisors an application may not be resubmitted for one year, at which time the process begins anew.

It should be made clear at the outset that the county does not rezone land for residential use. This happens only when a property owner, often in connection with a developer, initiates the action. Several people at the meeting seemed to believe that the county decides when and where homes should be built. This is not the case.

Another myth debunked is that the county wants more homes built to collect more taxes. Andy Donnelly, a former member of the Goochland Economic Development Authority, pointed out that the county’s annual per pupil expenditure—funding public schools consumes approximately half of yearly county real estate tax revenues—far exceeds the annual property tax generated by a say $400,000 home. Commercial development on the other hand, increases revenues and makes no demands on the schools.

Cash proffers, “voluntary” payments by developers to partially offset capital cost increases created by new homes do not generate significant funds to build new schools, fire-rescue stations, or parks either. To deal with unintended consequences of a hastily passed and poorly crafted law in the 2016 session of the Virginia General Assembly, Goochland created a capital impact model (CIM)based on a 25-year capital improvement plan. The CIM is used to calculate, on a case by case basis, appropriate cash proffers. This too is on the county website and well worth a look.

In Goochland, said Hunter, there are nine residential zoning categories ranging from R-R rural residential, with a minimum five-acre lot size to MPUD, mixed use planned unit development, that has no minimum lot size, and several in between. Currently, there is no property zoned MPUD, which can be used only in the Centerville Village. Zoning ordinances are also online at www.municode.com and list all uses and requirements for each.

The MPUD district was created to accommodate higher residential density in conjunction with commercial uses. RPUD residential planned unit development and MPUD must be served by public utilities, have open space and may be used only in the Centerville core between Ashland and Manakin Roads. An MPUD project behind Essex Bank could be in process. Hunter said that, as envisioned in Goochland, MPUD would be something like “West Broad Village light” with lower density. Use of RPUD and MPUD requires submission of a highly detailed master plan at the outset to show land use, density, landscaping, common areas and other features.

To change zoning, a landowner holds a pre-application meeting with county staff to explain the proposal. Staff reviews the request for consistency with the Comp Plan and assesses any discrepancies. Filing a pre-application sets the process in motion and makes it available to the public.

After the community meeting, the applicant must file a formal zoning application, whose deadlines are the first Wednesday of each month.  The minimum time for approval from filing to approval by the Board of Supervisors is 60 days.

Public hearings before both the planning commission and supervisors are similar in format. Staff presents the application, which includes an analysis of the request including maps and pertinent facts, but no recommendation. The applicant states its case for approval. Citizens then have a one-time opportunity to comment on the case, and the applicant gets time for rebuttal if needed.

The Planning Commission or Board of Supervisors discuss the case, and, at some point, motions are made. The final say on the rezoning is made by the supervisors who may or may not follow the recommendation of the planning commission.

Citizens do not need to wait until the public hearings to express opinions about proposed land use changes. They may contact county staff, member of the planning commission, or supervisors at any time by phone, email, or letter.

Hunter and Kilduff explained that the TCSD is not expected to grow beyond its current boundaries (See FAQs under the transparency tab on the county website for complete information and a map) or extend to Oilville. Courthouse Village utilities are supplied through agreements with the Virginia Department of Corrections.

Thanks to Jo Ann Hunter for taking the time to help citizens understand how land use decisions are made in Goochland.