Proposed growth tool would likely reduce residential development
By Greg Pearson STAFF WRITER

As proposed, levels of service standards would enable the board of supervisors to deny residential rezoning applications if the new growth creates a safety hazard on nearby roads.

Developers could soon have to pass another hurdle in having their residential rezonings approved if the county adopts a proposed new growth management tool. Chesterfield leaders are considering enacting levels of service (LOS) standards that would allow rezoning applications to be denied if nearby roads and schools are insufficient to handle the new growth. So far, LOS are only being studied in the Upper Swift Creek area, encompassing 57 square miles starting at the intersection of routes 288/360. However, it's likely LOS standards could become the rule countywide.

"In my conversations with the new board [of supervisors], levels of service is where it wants to go countywide," said Planning Director Kirk Turner, "and not just for roads and schools but for all public facilities. It'll be a whole new ballgame."

"I support LOS standards," added Clover Hill Supervisor Art Warren, "including being countywide, but haven't determined how we get from the Upper Swift Creek (USC) Plan to the rest of the county, so I want to hear from other board members. Obviously, we don't have enough controls in place to protect the [Swift Creek] Reservoir, so I'm in favor of amending the plan to strengthen the growth controls in the watershed."

The board of supervisors is expected to revisit the Upper Swift Creek Plan and enact tougher standards to protect the reservoir as a source of drinking water.

On Jan. 15, the planning commission will review the USC Plan, which last year's board of supervisors approved just last October after more than four years of study. The review includes ordinances for land use and water quality.

An earlier version of the plan included LOS, but the 2007 board rejected enacting those standards on a 4-1 vote. Warren was the lone dissenting vote. None of the board members who voted for the plan are now on the board.

The current board, who were elected on platforms of smart growth, is expected to revise the USC Plan to include tougher ordinances to protect the reservoir as a source of drinking water. LOS standards are proposed in that revision. The exact language of any revision to the plan would be reviewed by the County Attorney's Office.

If adopted, the LOS road standard would be determined by the county's transportation department and include the type and condition of roads, traffic counts and shoulders of the roads. Residential rezonings could also be turned down if any of the schools in the impacted area are 120 percent of capacity.

"I think the commission will recommend the provisions left out by the previous board, and I look for support by this board to implement it in a public hearing before the board in February," said Midlothian Supervisor Dan Gecker.

The planning commission has a public hearing scheduled on Jan. 15 to determine if it will recommend LOS for the USC plan. The matter could be scheduled for the board of supervisors as early as Feb. 13.

Gecker was unsure if residential rezonings could be approved with language that allowed developers to stage their new homes as student capacity became available. "That's an interesting hypothetical," he commented. "If they could demonstrate with some certainty in the impact levels, yes - but the devil is in the details."

"I think staging or phasing [new homes] might make everyone happy," surmised Turner.

"I hope developers will get together and figure out ways to share infrastructure costs," added Gecker. "We're not going to be able to fund digging our way out of the infrastructure hole we're in."

LOS standards might expand to libraries, parks, police, fire and EMS after the question of roads and schools is resolved. Gecker also thinks utilities "could be a proxy for timing development." He is opposed to "land banking" - rezoning property years before it is actually developed.

The Richmond Home Building Association opposes LOS standards, pointing out that Virginia law does not allow local governments to enact public facilities ordinances that are used to determine the needs for roads, schools and other government services. When LOS standards were recommended by the planning commission late last year, the commission cited an attorney general opinion in a Chesapeake case as legal justification.

"LOS is an end run around the General Assembly, which has told localities they don't have the power of adequate public facilities," argued Tyler Craddock, spokesperson for the homebuilders group. "It skirts the intent of the General Assembly. It's an excuse to say 'no' to zoning cases."

"Growth gives you the roads and schools that don't occur until there is growth," continued Craddock. "You don't build roads to nowhere or classrooms until there is the demand. With the state building roads, the localities' job is to provide the capital infrastructure that is needed."