February 1 public hearings

Land use changes come right behind sound fiscal management in the importance of the duties of the Board of Supervisors. The board holds public hearings on land use changes before voting on them. Finding balance between the property rights of landowners and the public good is a tricky, and often contentious task. The planning commission, a five-member advisory body appointed by the supervisors, holds its own public hearings before voting on whether or not to recommend approval of an application for a change.

At its February 1 meeting, the supervisors dealt with the following cases:

An application for a place of public assembly on 4.083 acres at 2000 Valentine Road on Tax Map No. 47-1-0-45-0 was deferred at the applicant's request until March 1.

River City Funding, LLC received unanimous board approval for its conditional use permit (CUP) application for a detached accessory family housing unit on 1.35 acres on Lee Road in Crozier.

The applicant explained that he was an investor renovating the derelict property on for sale. The accessory building will be marketed as an "in law" suite to be occupied only by family members. This unit, a small building behind the main house, cannot be rented separately or used as a short-term rental. The county must be notified in writing of any change in ownership. Board Vice Chair Don Sharpe said that the applicant has done an outstanding job cleaning up an eyesore.

A decision on an application to rezone 22.82 acres at 3036 Davis Mill Road from A-1 to RR (residential rural) to create a four-lot subdivision was deferred until March 1.

Director of Community Development Jamie Sherry said that, as proposed, division of the parcel was problematic due to access to the proposed lots. The application included an access easement on land owned by a third party. The proposed division of the larger parcel does not meet regulations for a flag lot. Sherry and several board members raised concerns maintenance issues could become problematic. Sherry said she suggested alternate rear lot access solutions to the applicant who was "not open to any changes". The applicants, Danny and Madison Queensberry, were not present at the hearing. Sherry will inform the Queensberrys of concerns expressed about their application. The vote was 4-1 with Board Chair Neil Spoonhower in dissent. Had the board voted down the application, it could not be resubmitted for a year.

A vote on an application by Markel-Eagle to rezone 72.988 acres from Agricultural, Limited (A-2) and Residential Planned Unit Development (RPUD) to RPUD and Agricultural, Limited (A-2), with proffered conditions, at the southern terminus of Whippoorwill Road was deferred until March 15. This was done to allow the applicant to hold meaningful meetings with those affected by the changes.

The A-2 portion of the subject parcel is undevelopable wetland. Construction traffic will go through Reader's Branch to the west and Hockett Road. The application proposes to build 122 units, 32 of which would be attached townhomes. The design includes a stub road to the south, which could be developed for industrial uses as it is part of West Creek. The parcels under consideration are inside the Centerville Village. Though not part of this application, the supervisors made reference to an expected rezoning application for 56 acres roughly to the northeast of the Markel-Eagle parcels that would include B-1, business, uses.

There was a good bit of discussion about "Road A" a theoretical north-south connector road in the county's long term transportation plan. Road A could offer alternate access to the subject parcel. However, it does not exist and may never be built, so traffic will wind through existing streets.

Comments made by Whippoorwill Road residents indicated that, due to weather and other constraints, they had been unable to have productive discussions with Markel-Eagle about details of the rezoning application. Several residents indicated that they had little idea what impact the project would have on their property. The atmosphere of Whippoorwill Road, a half mile dead end street, will be changed dramatically by the development. One gentleman said he and his neighbors do not want Whippoorwill Road to become "the shortcut to Short Pump".

Sharpe said that during the deferral period there has to be a "good faith effort on both sides" with everyone concerned talking to each other. Another public hearing will be held on March 15 before a vote is taken.

An application made by Rhetson Companies, Inc. to rezone 3.51 acres on the north side of River Road West, approximately 300 feet from its intersection with Hadensville-Fife Road in Georges Tavern was not approved by the supervisors. The zoning change would have resulted in the construction of a Dollar General Store on the south portion of the parcel.

Many area residents spoke against the application. They contended that a "big box" national retailer would hurt the small, local businesses nearby, which sell the same items offered by Dollar General.

The applicant contended that the store would bring a badly needed amenity to Georges Tavern and hinted that it might sell fresh produce and meat, not available in what they labeled as a "food desert". One resident said that technically, a rural food desert is ten or more miles form a grocery store, Georges Tavern is nine miles from one in Courthouse Village. He said there are numerous country stores that offer food closer than ten miles to Georges Tavern.

Many did not want that kind of business in their community. A petition against the proposal signed by more than 40 area residents was presented to the board.

County Attorney Tara McGee cautioned the board that land use decisions are made on the appropriateness of proposed use, not the virtues of a particular business. The Virginia Supreme Court, she said, ruled years ago that it is "not in the purview of the local zoning authority to try to protect a local business through a zoning case."

The applicant had secured a waiver from VDOT for the location of its proposed single access to River Road West, which would also provide an entrance for the parcel to it east. Requests to lower the speed limit from 55mph, however, were denied by VDOT. District 1 Supervisor Susan Lascolette said that Georges Tavern is the only rural crossroads or village in the county whose speed limit is not 35 or 45 mph. She reiterated that VDOT refused to consider lowering the speed limit there.

In the end, traffic safety concerns caused the board to reject the application. Many nearby residents cited the traffic hazards as the speed limit on River Road West in front of the subject parcel is 55 mph. It is also opposite the intersection with Cartersville Road.

Before moving to deny approval of the application, Lascolette said that because of staff and community safety concerns about safe access, given the rate of speed tat vehicle travel in the area, the proximity of the dogleg Cartersville Road intersection, and multiple other accesses in the area, the appropriate infrastructure is not in place for commercial development to occur safely.

Sewage systems

The last public hearing was about removing provisions relating to septic systems from the Goochland County Code, because they are handled, and enforced by health department regulations. The action was approved unanimously.

 

To listen to any or all of the February 1 public hearings go to the county website goochlandva.us, click on watch county meetings, select BoS meetings and February 1.