A toolbox for land use engagement

 

The metaphorical toolbox that can help guide land use decisions

Most people in Goochland give little thought to land use until they see a bulldozer on the lot next door, by which time it is too late.

During and after the Centerville small area plan study/debacle, a group of engaged citizens worked very hard to submit constructive comments about the plan and were pretty much ignored. The group also studied, in depth, the zoning process used by Goochland County, how it works, and how it could be improved.

In December, Linda Moore, who was instrumental in reducing the number of homes and final configuration of the Tuckahoe Bridge subdivision on Manakin Road and the approved version of Manakin Towne in the Centreville Village, created the Community Planning Committee last December. The goal of the CPC is to educate citizens about the county’s zoning process and encourage local government to provide citizens with complete and detailed information about proposed land use changes to enable them to make constructive comments well in advance of public hearings.

At a citizen-to-citizen workshop held at Goochland Baptist Church on April 8, members of the CPC explained the zoning process, discussed the importance of citizen engagement, and urged those present to participate. The workshop was titled “an educational opportunity to improve and protect the quality of our life by working together to choose how and where we grow as a community.”

The meeting was well attended. Supervisors Tom Winfree, District 3; Charlie Vaughters, District 4; Jonathan Lyle, District 5; and District 5 planning commissioner Dwain Cosby joined residents concerned about growth to listen to the presentations.

Tools in the land use planning “toolbox” include the county’s comprehensive land use plan; zoning ordinances and articles; financial impacts of growth; and preservation of rural and natural areas.

Rob Williamson discussed the county comprehensive land use plan https://www.goochlandva.us/250/2035-Comprehensive-Plan, which is used to guide land use decisions. Its goals are to create high quality commercial, industrial, and employment hubs; vibrant villages that reflect the character of each community; high quality residential development compatible with adjacent land uses; preservation of natural, historic, and cultural resources; and manage viable agricultural and forestry resources that are important components of the local economy.

According to the American Planning Association http://www.planning.org/ a comp plan is not a “feel good” document. It features strategies for specific land use issues including detailed action agendas designed to implement the plan in a sequential and predictable manner. The comp plan, said Williamson, is a legally defensible policy document.

Zoning ordinances protect the rights of property owners while safeguarding the general welfare of the community. Their purpose is to locate land uses where they are most appropriate. The county has a goal of keeping 85 percent “rural” with the remainder, somewhat vaguely defined, developed. “That doesn’t mean the 15 percent is a dumping ground for development.” Every property owner, said Wiliamson, has the right to ask for a zoning change and an increase in development density. They do not have the right to get what they ask for. He pointed out that the assessed valuation of land increases when permitted density rises.

The land use change process often is for a conditional use permit, needed for uses not allowed “by right” in a particular zoning district requires several steps, as does rezoning. The first is a community meeting, which must be held before a formal application can be filed with the county. This meeting is run by the applicant to present the proposed project to neighboring property owners and the community. Sometimes these meetings are heavily attended, sometimes few people show up. The first inkling that something is up a piece of property is the yellow zoning sign https://www.goochlandva.us/833/Zoning-Signs Adjacent property owners are notified of the community meeting by mail. Others may learn about it by word of mouth. It is important to pay attention.

If you see this sign, pay attention

The land use change application, which should include a detailed traffic impact study, is filed after the community meeting, and reviewed by the planning staff, which prepares a summary. The next step is a public hearing before the planning commission, which makes recommendations about the application to the supervisors who have the final say after another public hearing.

Williamson said that every rezoning impacts residents in all parts of the county and urged citizens to pay attention and get involved by going to community meetings, public hearings, and networking with neighbors to ensure that they are aware of the proposed action.

Larry Barker, a volunteer EMS provider, and life member of Centerville Company 3 discussed the substantial increase in calls for service in the east end of the county in the recent past. The arrival of Sheltering Arms Hospital, Avery Point, a continuing care senior community in the Notch, Mosaic in West Creek, and other 55+ communities has increased the number of older residents more likely to need EMS. Ballooning call volumes in the county’s east end puts pressure on the system county wide. For instance, if EMS crews at Centerville and Manakin are out on calls, units from other stations, which could be as far away as Fife and Hadensville will respond. This reduces the resources available to respond to calls in the rest of Goochland.

Barker said that that, in addition to EMS calls, fire-rescue companies respond to traffic accidents, which sometimes require lengthy and complicated emergency responses, especially those on I64, and structure fires, all of which require a lot of people.

Fire-Rescue Chief D. E. “Eddie” Ferguson, Jr. explained that Goochland is a combination department where volunteers work side by side with paid personnel. They all receive the same level of training. Volunteers, explained Ferguson, save the county a huge amount of money by giving freely of their time and talents to save lives and protect property in Goochland.

The Chief said that Goochland Fire-Rescue needs more volunteers (go to https://goochlandfire-rescue.org/ to learn how you can help). Currently, most volunteers in the east end of Goochland live outside the county but come here to work duty shifts, for which the county is grateful.

Paul Costello, a Centerville resident who has been engaged in local land use issues since at least 2007, contended that implementation of place making strategies are vital to good land use and the result of input from a collective voice.

He reiterated that the comp plan is a legally significant document that was built around a village concept to concentrate growth in specific areas. “In 1980, Short Pump as we know it did not exist. West Creek did not become the next Innsbrook. Now the goal is to avoid disruptive land use.”

The portion of eastern Goochland designated for potential growth is approximately 21 thousand acres. We still do not know how much of that is not usable due to wetlands and other impediments. The county recently began the “southern infrastructure study” (SIS) to not only determine how much of that land is developable but provide data for various development scenarios. Costello said he hopes this methodology will become standard practice when analyzing the impact of any future land use changes.

He addressed the workload of the community development staff, which is often presented with ill-conceived and incomplete project inquiries that never move forward but waste time. The planning staff does not have the authority to reject applications that are incomplete or fail to comply with land use guidelines.

Community meetings, said Costello, are arranged by the applicant who sets the agenda, presents a proposed project in the best light possible downplaying its impact on neighboring property. The applicant may also work behind the scenes to “leverage whatever political capital they may have to influence the Board of Supervisors.”

Staff, said Costello, may be caught in the middle and endure political pressure to expedite applications with incomplete information.

Goochland has had four county administrators in the last five years, and significant community development staff turnover, which limits historical knowledge transfer and impedes the citizen input process.

“Our new supervisors and planning commissioners are making a good effort to open lines of communication between staff and citizens,” said Costello.

Costello said that citizens need access to complete information about land use changes before they reach the planning commission to provide constructive input. Too often, changes are submitted at the last minute, providing no time for citizens, planning commissioners or supervisors to adequately analyze them.

Citizens must be vigilant, contended Costello. The county GIS page provides a wealth of information, including permits filed on each parcel.

Residents of the Sycamore Creek subdivision described how they opposed a CUP application filed by Capitol Broad LLC to transform a private home into an event venue using tents and porta potties to host outdoor gatherings. Only the Sycamore Creek homeowner whose property adjoined the subject parcel and had a clear view of the yard in question was notified about the community meeting. The planning commission recommended approval of the application despite objections by the neighbors, concerned about noise, traffic, trash, and party goers trespassing, with supervisors. Then Board Chair Neil Spoonhower, District 2, visited the site. The supervisors voted the CUP down at their March 7, 2023, meeting. (A recording is archived on the county website, goochlandva.us at the “watch county meetings tab”)

The key to constructive participation in land use matters is citizen engagement beginning in early stages of a proposed change, as well as more general land use matters such as updates to the comp plan and major thoroughfare plan. Concerns must be specific and clearly articulated to planning commissioners and supervisors well before the public hearing phase. Citizens must remain engaged and informed about zoning and other land use matters.

On Thursday, April 18, beginning at 6:30 p.m. the planning commission will hold a public hearing for a proposed amendment to the county zoning ordinance section concerning floor area ratios.