Run to revolution

 

A little over two years from now, America will celebrate the 250^th anniversary of the Declaration of Independence. Goochland has partnered with the Virginia American Revolution 250 Commission, established in 2020 by the General Assembly to commemorate the anniversary of the American Revolution. 

The Goochland County Board of Supervisors adopted a resolution of support for this endeavor in 2022 with the understanding that the Goochland Historical Society http://www.goochlandhistory.org/ would lead the local committee. The Hon. Manuel Alvarez, Jr., who served as District 2 Supervisor and interim county administrator,  was appointed chair of the Goochland 250^th Commission https://exploregoochland.com/187/VA-250-American-Revolution.

In September, the Goochland 250^th Commission will sponsor a 5k race at historic Elk Hill Farm in western Goochland, where British troops commanded by Lord Cornwallis camped before heading to Yorktown. Go to https://runsignup.com/Race/VA/Goochland/RuntotheRevolution for sign up information.

This will be the first of a series of events planned to explore the world changing impact of the Declaration of Independence. Stay tuned!

 

 

 

 

 

 

To FAR or not to FAR

 

How much density is too much on land zoned for commercial use?

The concept of floor area ratio (FAR) has gotten a good bit of attention lately. Floor area ratio is a mathematical formula used to determine how many square feet can be developed in proportion to the lot on which it is built. A 3,000 square foot single story building would have a lower FAR than a two story 3,0000 square foot building. It is calculated by dividing the gross floor area by the size of the lot. In Goochland, FAR currently applies only to land zoned for commercial and industrial use only.

Earlier this year, land use attorney Kerry Hutcherson filed an application to amend the county zoning ordinance dealing with FAR to enable owners of the commercial property adjoining Parkside Village, in the northeastern corner of the county, to subdivide and perhaps sell portions of it at some future time.

At their June 4 meeting, Goochland supervisors approved the ordinance amendment proposed by Hutcherson at their evening session and referred to the planning commission an ordinance amendment to examine removing the FAR requirement in Business neighborhood, business general, commercial interchange, and industrial zoning categories.

At issue is how a FAR approved a master plan development with different uses—office, self -store warehouse, retail— would apply if those uses change or a portion of the master plan is sold to a different owner. The larger question is does Goochland really need to specifically address FAR in its zoning rules.

Economic Development Director Sara Worley, during a discussion about referring the FAR to the planning commission, said that Goochland is in a very competitive market for economic development with neighboring counties who do not have FAR requirements in their zoning rules for commercial, business, or industrial districts.

Assistant Director of Community Development Ray Cash said that Goochland zoning ordinances have complementary rules to address density volume, including setbacks, buffers, landscape requirements, and limitations on building height.  The number of parking spaces required also affects the amount of a parcel that can be developed. The FAR, Cash contended, is not a standalone regulation. FAR is a standalone restriction, said Cash, which can restrict or encourage density on a parcel, a sort of “belt and suspenders” approach.

Hutcherson contended that the proposed amendment to the FAR would not eliminate it but provide additional flexibility to proffered master or conceptual plans, through the zoning process. He said that the intent of the amendment is to provide flexibility and certainty about what could be built on a particular parcel. Regardless of how a master plan is subdivided, the gross FAR must remain unchanged. This is enforced by staff approval of any change in use.  The gross FAR will be the same regardless of who owns the property or what uses exist in different parts of the master plan. If the FAR of one parcel increases, it must be lowered in other parcels to preserve the overall FAR that applied when the master plan was approved.

He refuted the notion that removal of the FAR requirement would allow “anything” to be built on parcels that might be subdivided from a master plan. Hutcherson contended that it is sometimes helpful for a developer to be able to sell a part of a project after initial development. Projects with anchor tenants, often national chains that occupy most of the space, prefer to own rather than lease their property. Being able to subdivide and sell other lots within the project, including out parcels, makes securing financing easier. Commercial lenders, said Hutcherson, require defined lots to be used as collateral.

One speaker contended that FAR is a useful tool in preserving the county’s rural character. The setbacks and buffers can be diminished on adjacent projects. Greater FARs can result in more floors that accommodate more employees. Maximum FARs, he contended, preserve rural character because they result in smaller buildings and more open space.

Goochland County is rewriting some of its ordinances, including those dealing with subdivision of land; erosion and sediment control and stormwater management; and floodplain zoning. The goal is to bring local laws into alignment with state statutes and reflect actual practices.

 Most residents pay little or no attention to zoning or land use matters until they see a bulldozer in their neighborhood, by which time it is too late. Every time the county comprehensive land use plan https://www.goochlandva.us/250/2035-Comprehensive-Plan is “revisited” or amended, only a handful of people attend meetings to explain proposed changes, or even pay attention.

A small group of citizens, many of whom spent a great deal of time expressing viewpoints on details of the failed Centerville small area plan initiative, remain engaged in the process of amending local land use laws. This group hopes to educate citizens about the zoning process and avert unintended consequences of changes in land use laws.

 

 

 

 

 

 

 

Roundabout part next

 

The long awaited Hockett Road realignment will be built

On June 11 Goochland and VDOT held a location public hearing on the realignment of Hockett Road. Under discussion in various forms since at least 2013, the proposed road project will bisect the parcel of land at the end of Ashland Road south of Broad Street Road to connect with Hockett Road. A public hearing of design of the project is currently scheduled for September 8, 2025

The meeting presented three slightly different versions with a roundabout where Hockett Road and the Ashland Road extension connect. There will be no change to the signalized intersection of Broad Street and Hockett Roads. The most likely scenario—as this was the first step in the lengthy and complicated road building process and could change before construction begins not before 2028—shows a roundabout a bit north of Holly Lane with a stub into undeveloped land on the west side of Hockett Road.

Road building is a complicated process. Long before a single shovel full of dirt is moved, other factors must be addressed. These include acquisition of rights of way; environmental concerns; civil rights; and design.

The proposed road is .5050 miles in length from Holly Lane to Ashland Road. The projected cost is $17.6 million, which could change in the next four years. Of that, the cost of engineering of roadway plans is estimated at $1,568,000; right of way acquisitions, relocation assistance and utility relocation $3,394,119; and construction $12,899,963.

Tom Kendrick, P.M., the preliminary engineering manager for VDOT, explained that the proposed roundabout will be built with a turning radius to accommodate large trucks and school buses without “rolling the kids around” as they negotiate it.

He said that the roundabout will be designed to handle current traffic and growth projected to 2040.

Speed limits in the roundabout will be 25 mph. Kendrick said that extensive signage well before the roundabout will ensure that drivers do not “sneak up on it”. Other warning devices would be pavement marking and possibly lighting. (Please use that wonderful reflective paint that makes road markings look like runway lighting at night with no need for electricity.)

Kendrick said that a traffic study about the appropriateness of speed limits would be conducted after completion of the roundabout. There were several comments that the current speed limit on Hockett Road, 55 mph, is too fast. Congestion at the south end of Hockett, where it intersects with Rt 6, was also mentioned, but that area is being addressed in another study.

The Hockett Road extension, said Kendrick, was expected to be built long before now, but the economic downturn of the Great Recession moved it to a back burner. Funding from federal, state, and local sources has been secured. He contended that the pandemic changed land use patterns and the current regional transportation (read roads) model is a “best guess” of what the future will bring.

Kendrick said that he expects construction of the roundabout will cause minimal traffic disruption as it will mostly occur at the side of Hockett Road.  There could be a weekend closure to connect all the pieces near the end of construction. The rest of the extension cuts through an open field and the stub for Ashland Road south of Broad Street Road is already there and not expected to change.

Go to https://www.goochlandva.us/1254/Hockett-Rd-Realignment for more details.

Send public comments about the project to Kendrick at Thomas.Kedrick@VDOT.Virginia. Gov by June 22, 2024.

At your library

 

In 2003, the Goochland community came together to move books into the new library

The Goochland Branch Library is part of the Pamunkey Regional Library, a consortium comprised of several counties, which uses economy of scale to make a wider selection of materials available to its citizens than standalone libraries. Members are Goochland, Hanover, and King William counties. King and Queen County will leave PRL as of June 30. Expenses are shared on a per capita basis. Hanover, with 72 percent of the population pays the lion’s share of PRL costs and currently has four Trustees on the Board. If a pending memorandum of understanding is approved, that number could increase to five, leaving Goochland with two trustees.

The Goochland Board of Supervisors put unfounded allegations that the Goochland Library would close, or leave PRL at its Tuesday, June 4 meeting.

A resolution consenting to King and Queen County withdrawing from PRL was unanimously approved. For several years, King and Queen County was in arrears for its monetary contribution to PRL. Its leaders decided to withdraw from PRL and operate its own library to save money. They are within their rights to do so. The withdrawal will not affect Goochland’s financial contribution to PRL.

Reappointment of Barbra Young as one of Goochland’s two representatives on the PRL board met with opposition from people contending that she and other PRL board members want to ban books, quash First Amendment rights, and restrict patron access to material.

During June 4 public comment Barbara Slone, Goochland’s other member of the PRL board, provided background on Young’s service as a library trustee. As PRL is funded with tax dollars, fiscal transparency, efficiency, and accountability is of utmost importance.

When Young was informed by Hanover County, which serves as the fiscal agent for PRL, annual audits for FY 22 and 23 had not been submitted, even though the PRL director indicated that the audits were in process, she formed an audit group. Weekly virtual meetings with the Trustee audit group, library staff, and a CPA firm that the Trustees retained to complete the audits began. The library director has been told that the FY2024 audit will be delivered on time.

Young also began a process to update outdated and poorly formatted policies and bylaws and create a five-year plan, mandated by current by-laws and five years out of date. The goal is to provide financial transparency and accountability to the taxpayers of Goochland, Hanover, and King William counties.

Slone alluded to attacks on the PRL trustees who have “been vilified for proposing that our library system move sexually explicit material out of the children’s section into the adult section. Not a locked room, no book banning, no censorship, no restricted access, but simply placing sexually explicit material in an age-appropriate section. I never thought I would see the day when parents would fight for the right for their nine-year-olds to bring home lurid books from the kids’ section of the library that instructs them with detailed pictures how to pleasure themselves and others sexually.”

Other speakers during public comment contended that PRL trustees interfere with parental rights to determine which materials are appropriate for their children.

District 5 Supervisor Jonathan Lyle thanked Kevin Neilson-Hall, Curtis Brown, Peggy Finck, and Chase Saba for submitting their names for consideration as PRL trustee appointment.

“These past five months I have received more calls, text messages, and emails regarding the PRL system versus any other subject. Clearly, Goochland residents love their libraries. I believe I have responded to every one of these, if I missed one, I apologize.”

“I have consistently noted that the Board of Supervisors is primarily responsible for providing budget support to PRL. We don’t set policy or handle day-to-day operations. This Board approved in April a seven percent increase in PRL funding. Additionally, more than $70k is slated to be invested in improvements to the Goochland Branch Library.

“Beyond money, this Board is entrusted with appointing Goochland’s representatives to the Board of Trustees. This means that while the supervisors do not address policy, personnel, or the PRL’s daily operations—those are the responsibility of the Trustees—our appointing Trustees is a once removed administration of the PRL.

“I reviewed each of the five applications submitted for Trustee and I also had conversations with the applicants who followed up their written applications by calling me.

Barbara Young was the sole applicant who called Lyle. He managed to contact three of the applicants. He asked several questions of each, hoping to learn:

“Is the PRL running a (fiscal) surplus? Does it have reasonable reserves and are the budget requests made to Goochland need or want based”?

“Are staff properly paid; are buildings in good repair and are anticipated future needs including technology, expanded services, and additional branches identified and assigned a cost?

“What financial impact will the departure of PRL members have on its budget. Will Goochland need to address any future decrease in funds caused by departures?

He said that his focus is on seeing efficient operations and addressing the financial health of the PRL.

Lyle then turned to “philosophical” comments he received about the manner in which some materials in the library should be shelved and how parents should be involved in THEIR children’s book selections. “Should there be an “opt in” or “opt out” policy regarding book circulation for children, or no circulation policy for them at all? I think that children’s circulation policy is a VERY appropriate conversation to be had between the Trustees, staff, and patrons of the PRL.”

Lyle said that his reading of the PRL charter indicates that setting how circulation policies are administered is a function of the Trustees. “I believe a robust discussion of circulation policy for children is 100 percent appropriate. I hope that conversation does take place.”

He noted that no Trustee applicant advocated banning or burning books or expressed or advocated unethical or illegal philosophy regarding administration of the PRL system.

Lyle addressed allegations that he held unethical informational meetings with PRL trustees. He consulted with the County Attorney who confirmed that meetings between Trustees, County Staff, supervisors, School Board members, voters, and citizens can take place and follow FOIA and COIA guidelines.

These interactions, said Lyle, are sometimes spontaneous and not always on the county calendar.

“As a supervisor, I want to get information, hear shared perspectives, and receive operational updates from organizations the Board supports, especially if I am going to vote on investing taxpayer money.”

Neil Spoonhower, District 2, had a slightly different take on the matter.

“When I first ran for the Board of Supervisors I remember standing outside Woods’ Store when someone asked me if I was a republican or a democrat. I said, ‘what does it matter in local politics?’ Five years later, there’s a big difference. I was on one of the party’s websites today and the main thing they highlight is the divide that continues to increase. I think that’s unfortunate.

“I struggle mostly with the rhetoric that’s following this conversation, words like “unethical”, and removing First Amendment rights.

“I’ve raised my hand on a Bible three times to defend the Constitution of this United States, went to war for it once. It’s just insulting and so far from the truth, that it’s hard to take seriously. There’s a lot of gaslighting going on. That’s a funny term, defined as misleading someone, especially for one’s own advantage. Wow. When people say that the Trustees are trying to remove books, that they’re trying to ban books, it’s gaslighting. When they’re saying that the First Amendment is being threatened, it’s gaslighting, when they’re saying that there are secret meetings going on because two board members met with someone who’s appointed.

“It’s my obligation, duty, and privilege to appoint people to unelected positions. So, if I’m going to meet with someone to better this county, all the county, not just a few individuals, it is my duty to do this, and I will continue to do this.”

Spoonhower said that he has never heard anything about Young other than her utter regard for what is best for the entire community.

“I know that we are fighting very hard to do the right thing for our community. Our community is loud and clear about what it believes in and wants.”

Board Chair Charlie Vaughters, District 4, thanked everyone who volunteers to serve on boards and commissions. “These are often thankless jobs, and to see the rhetoric being bandied around is unfortunate and can deter others from serving the community.”

Young was unanimously approved for reappointment at PRL trustee.

Our library is a wonderful resource for the entire community. Library cards are free to county residents. Go to https://www.pamunkeylibrary.org/ to see what is has to offer.

June board highlights

New polling place in West Creek

 

At their June meeting the Goochland Board of Supervisors addressed a relatively brief agenda. County Administrator Vic Carpenter said that county offices will be closed on Wednesday, June 19 in observation of Juneteenth, which Wendy Hobbs said is “Independence Day for slaves”, and Thursday, July 4, American Independence Day.

Goochland will hold its annual fireworks event on July 4, rain date, July 5, in Courthouse Village. Pyrotechnics will be shot off in the field roughly behind the high school beginning at 9 p.m.

Deferral

A public hearing for a rezoning application filed by Sydney & Sydney Development for land on Greenbriar Branch Drive was deferred until July 2 at the request of the applicant.

 

Agriculture Report

Keith Burgess, District Manager of the Monacan Soil and Water Conservation District, https://www.monacanswcd.org/read the monthly agriculture report during citizen comment. As agriculture is vital to the rural nature that everyone says they want to preserve in the county, this should be addressed and perhaps discussed by the supervisors instead of being glossed over in the rush to their dinner break.

Burgess reported that the position of Virginia Cooperative Extension Agriculture and Natural Resources Agent for Goochland is vacant as Erin Small has moved. The position, for which Goochland pays about 30 percent of the cost, will be filled by Virginia Cooperative Extension in cooperation with Goochland.

MSWCD also has a vacancy for a full-time agricultural technician and education coordinator serving Goochland and Powhatan Counties. Visit the website for details.

An important function of the MSWCD is helping local farmers access cost share funds to cover the cost of implementing best practices in agriculture including keeping livestock out of streams by installing fencing and wells to provide water for herds.

For the third consecutive year, MSWCD has provided more than $1 million in cos share funds to farmers in Goochland and Powhatan. It will return to the Department of Conservation and Recreation (DCR) $835,427 in unallocated 2023-2024 cost-share funds.

Burgess noted that the Department of Forestry has announced a no-cost buffer program to allow landowners to install forest buffers for watersheds. Individuals, homeowner associations and civic leagues in rural, urban or suburban areas are eligible to apply.  Details are available by contacting DOF at: watershed@dof.virginia.gov or by calling 434-220-9024.

New polling place in District 4

The supervisors voted unanimously to add a voting precinct to District 4. The precinct, known as Election Precinct 403 (West Creek), will be located in the Avery Point Senior Living Community on Wilkes Ridge Parkway. (Despite marketing its location as Short Pump, Avery Point is really in the Centerville Village in GOOCHLAND.)

General Registrar Ryan Mulligan explained that Precinct 402, St. Matthew’s Church, has grown from 2,019 voters in 2019 to a current total—this could increase before the November election—of 4,025. The new precinct will NOT be in operation for the June 18 primary.

The new precinct will alleviate overcrowding and long lines. The dwelling units in the new precinct are all apartments, The Retreat, Avery Point, and 2000 West Creek, currently have 1,269 voters, which could change before the November election. The new poling place, said Mulligan, is closer to most of those voters than St. Matthew’s Church.

Mulligan said that Avery Point will allow distribution of campaign materials, which could include setting up tables in the lobby of the building where the polling place is located. “The bottom line is that Avery Point is very receptive to making sure that parties have the ability to communicate with voters.”

Board Chair Charlie Vaughters, District 4, said that he had visited Avery Point and was assured that they are willing to accommodate what is expected on election day.

Chair of the Goochland Electoral Board, Pamela Cooke Johnson explained that there are few places in District 4 large enough to serve as polling precincts. Anticipating growth, the electoral board had been looking for another District 4 polling place for three years. Avery Point stepped up and said they would love to be a polling place and have adequate parking and handicapped accessibility required of a polling place.

Johnson said that another precinct will be needed in the next few years as the east end of the county grows.

Kelly Davis, a member of the Avery Point administrative team, said that Erickson Senior Living, the company that operates Avery Point, explained that many Erickson communities host voting precincts. “We are familiar with how to do this, and I commit that we will follow all the rules and regulations that we are expected to follow for an election. This will be a great win for our residents who do not have to travel to the polls and for the community.”

Budget adjustments

Several budget adjustments were on the agenda.

The FY24 budget was amended to budget and appropriate $1,177,773 in the Capital Improvement Fund for improvements to the Oilville/I-64 interchange.

The FY25 budget was amended to transfer and appropriate $116,656 with the Capital Improvement Plan for a generator at the sports complex behind the administration building to enable it to serve as an emergency shelter.  This will be in addition to the emergency shelter at the Central High School Educational and Cultural Center.

The FY24 budget was amended y budgeting and appropriating $289,023 in the school textbook and cafeteria funds and authorizing fund transfers of more than $10K. Debbie White, Chief Financial Officer for GCPS explained that the requested amendments were end of year “truing” up by moving funds from areas whose budgeted amounts were more than actual expenditures to those whose outgo exceeded the budget. No additional dollars were involved.

 

 

 

 

 

 

 

 

Subdivision ordinance rewrite

 

Land use ordinances are crucial to appropriate growth

Following last year’s farcical failure of the Centerville small area plan, Goochland County is back at it. On Wednesday, May 29, a community meeting was held to discuss the rewrite of the county’s subdivision ordinance, which has not been rewritten since its creation in 1979, 45 years ago.

(Another community meeting will be held on Wednesday, June 12 to discuss amendments to county ordinances dealing with stormwater management and erosion and sediment control; floodplain zoning; and removal of floor area ratio regulations for commercial zoning districts. Go to the county website goochlandva.us for details.)

Ray Cash, Assistant Director of Community Development, introduced Mark White, (https://planningandlaw.com/our-team), the consultant retained by the county to complete the task.

The goal of the initiative is to make the Goochland subdivision ordinance align with the Code of Virginia, which has changed a lot since 1979, county zoning ordinances, and our comprehensive plan. Another is to create a document that is user friendly for citizens, developers and landowners. It should provide for best practices of good land use planning and have public support. Roads are regulated by VDOT. The Virginia Fire Prevention Code also plays a part in roads.

The project will be conducted in three phases. The first, “diagnostic” will include a review of existing documents, public outreach, and an analysis report and outline. Next comes a preliminary draft prepared for staff review. The final phase, adoption and finalization, will have a work session with the planning commission and supervisors about a final draft and adoption after public hearings by the planning commissions and supervisors.

Organization of information in the final product will make it easy to find specific topics. White said that flow charts to describe processes, bullet points, indices, and referenced sections of other documents will be included. All of this is on the county website https://www.goochlandva.us/1323/Subdivision-Ordinance-Update

“The most important goal,” said White, “is to make sure that what we’re doing has public support, that folks who are regulated by the subdivision ordinance know about it.” County residents should be satisfied that this ordinance promotes the kind of development they want to see in their neighborhoods and rural areas of the county.

White explained that Virginia is a Dillion Rule state where counties are “creatures of the state” and have only those powers given to them by the legislature, including regulating subdivision plats. He said that the portion of the Code of Virginia dealing with subdivisions, Section 15.22 et seq, is detailed and complex.

White contended that the Comprehensive Land Use Plan (https://www.goochlandva.us/250/2035-Comprehensive-Plan) is the county’s constitution for development.

While the term subdivision conjures up images of rows of houses, the subdivision ordinance governs division of property to provide reliable ownership records, track when sales are made, and who owns the property. Assigning a unique number identifier to each parcel of land that pinpoints its dimensions and location is vital for this. It establishes a process for creating new lots ensuring that there are adequate public improvements and can provide phasing for development of large residential communities.

The subdivision ordinance, explained White, does not regulate use or lot size, those are managed by the zoning ordinances. White said that the Virginia Supreme Court has established that subdivision regulations cannot be used to control zoning. The subdivision ordinance does not rezone or regulate maintenance of parcels. That is addressed in other land use ordinances.

In Goochland, we have minor subdivisions with fewer than five lots, major subdivisions when a parent tract is divide into more than five lots, and family subdivisions where all of the lots are owned by relatives. Regulations dealing with a family member selling their land to an outsider are confusing at best.

“By right” divisions of large parcels designated as “parent tracts” in 1979 generated some discussion from the relatively small audience.

Knight Bowles, who served on the planning commission and Board of Equalization, questioned the consistency of mechanisms governing division of parent tracts. While there is robust opposition to large residential rezonings in the east end of the county, “by right cuts” are chopping the more rural parts of the county into a checkerboard of lots sprouting homes that pay no cash proffers and add more driveways to already dangerous roads without requiring any improvements like turn lanes.

White said that the subdivision ordinance should include a section with clear rules for by right splits to counter disparity of how they occurred in the past.

Family subdivisions, which are protected by the Code of Virginia, allow parcels to be divided among family members. The consequences of a lot in a family subdivision being sold to an outsider also seem vague and inconsistent.

A citizen said that he and five relatives inherited 50 acres split among them. The land has been used as a hayfield; the heirs intend to continue to use it that way without dividing it. They have been told that because there is a “paper” right of way on the property, they must build a six-figure road and make sure that the land perks even though it will be used as a hay field. He wanted to know why those improvements must be made now, instead of in the future should someone want to develop the property. That’s the kind of nonsense that makes people sell land to developers.

Bowles, who grew up in Goochland Courthouse when it was a tight knit small-town, urged the county to find ways to enable a wide range of home values rather continuing to develop into a high-end bedroom community whose residents sleep here and live their lives elsewhere. He said that home prices in Goochland, which average $725k are $200k higher than surrounding jurisdictions. Cutting costly development regulations could play a part in mitigating home prices.  That, said Bowles, will require significant land use policy changes and meet resistance from people who do not want smaller lots. As one of the fastest growing counties in Virginia percentage wise, he said that Courthouse Village should build townhouses subsidized by local government to attract residents with a wider range of income levels. “My grandchildren will be gone in another ten to 15 years because they will not be able to live here.”

White urged everyone to visit the subdivision rewrite website often for updates and welcomes comments and questions about the process.

Land use ordinances, the comprehensive plan, and the development process are very important to ensure appropriate growth in Goochland. Please pay attention.