Residents win skirmish, larger battle yet to come
By Greg Pearson STAFF WRITER

Page Dowdy/Chesterfield Observer If proposed state regulations are approved, stub roads like this one in Bayhill Pointe would likely be extended to connect with adjoining neighborhoods. Neighborhoods without connectivity may no longer have their roads maintained by the state.

Some 200 residents, mostly from neighboring Bayhill Pointe, forced the 250-acre Francis Beers rezoning case to be withdrawn last week, but virtually everyone expects a return match next year. In the hallway outside the public meeting room after the case was withdrawn, you could hear numerous residents muttering, "It's not over."

"This was a skirmish," said resident leader Terry Cook afterward.

The new attorney for Beers, former planning commissioner Jack Wilson, signaled plans to refile, saying it will cost another $27,000.

Before he withdrew the case, Wilson requested a six-month deferral for the 230 new homes proposed east of Bayhill Pointe. While Wilson spoke, many residents silently held up signs asking the county board to "hear the case."

"It's not fair for me or the applicant to hear the case now," Wilson told the board. Because he was the new attorney for Beers, Wilson wanted to meet with the residents, present "a convenience node" within the community that could reduce traffic into Bayhill Pointe and provide more answers about the illegal landfi ll on the property owned by farmer Donnie Woodcock.

During the public hearing on the deferral, Kitty Snow of Moseley said the "tactic was a familiar story" to reduce citizen turnout.

"I find it unacceptable to have so many deferrals at the planning commission level," said Dale Supervisor Jim Holland. There were four during the previous 12 months. Midlothian Supervisor Dan Gecker defended the commission, saying it was doing "important work" that the board would otherwise have to do.

Matoaca Supervisor Marleen Durfee indicated she thought the deferrals were part of a strategy to wear down resident opposition to the case. "Mr. Wilson is paid to be here," she said.

Cook alleged "the planning department was assisting the applicant" by including additional proffers "at the last minute." He also complained that a postcard mailed out to notify residents that Beers was going to ask for a deferral showed favoritism. Later, however, it became clear that the postcard was a routine, courtesy notice with the department's standard wording.

County planners recommended approval of the case as did Chesterfield's transportation department because extending Battlecreek Drive through Bayhill Pointe - the critical issue to Bayhill Pointe homeowners - onto the Beers' property is part of the county thoroughfare plan. On Aug. 27, the commission recommended denial but on a narrow 3-2 vote.

The Virginia Department of Transportation (VDOT) is currently recommending connectivity between residential neighborhoods to reduce the amount of traffic on arterial roads. According to Dale Totten, who runs Chesterfield's VDOT office, the Commonwealth Transportation Board (CTB) will decide the connectivity issue next year. If it mandates connectivity, VDOT could reject maintaining roads in a proposed community if zoning is approved without connectivity. Language approved by the CTB will determine if the county or community association will have to maintain roads within new communities that fail to connect.

"That would be a big change for the state," said County Attorney Steve Micas. "But denying connectivity would not necessarily create an affirmative obligation on the county."

Wilson called the landfill on the Beers' property "a red herring," adding that Bayhill Pointe has a landfill, too.

"That doesn't mean that his landfill isn't a challenge," replied Cook. "We're against rezonings before the infrastructure is in place and where the safety, health and welfare of the residents are at stake."

Tree save

On a unanimous vote, the board approved amendments that set standards for "planting, replacement and preservation of trees in the Swift Creek watershed." Within 20 years of a single-family development there must be a minimum tree canopy of 15 percent for 10-20 homes per acre and 20 percent with fewer than 10 homes per acre.

"The question is whether the ordinance goes far enough," commented Gecker.

Tax relief

The board approved property tax relief for seniors and the disabled effective in January, making about 250 more property owners eligible. Seniors and the disabled with a household income of less than $37,000 annually and a net worth of less than $350,000 will receive up to $2,500 in property tax relief while those with household incomes of $37,000 to $52,000 could receive a maximum of $2,000. The net worth calculation excludes a residence, up to 10 acres of land and as much as $10,000 in income from other household members.

Remands

• Because of significant changes, Historic Beach Station was sent back to the commission to review a special-use permit. On Aug. 27, the commission recommended denial because of questions raised by the planning staff about right-of-way dedications, setbacks and road improvements. Owners John and Kimberly Hughes want to include retail stores, a bank, a museum and a special-events business at the historic site located at Beach and Spring Run roads.

• Invisible Towers agreed to a remand when Grace Lutheran Church on Harrowgate Road asked for a different site for a disguised cell tower.

Mark Faris said his firm continues to look for a Brandermill site, but there are problems with overlapping coverage and topography. His firm withdrew its application at Brandermill Country Club because of resident opposition.

Deferrals

The board deferred numerous cases, usually at the request of the applicant:

• After two citizens raised safety objections, the board deferred for 30 days a request by Spencer Brothers to store petroleum products and permit fuel distribution on a site on Iron Bridge Road. Bruce Spencer, president of the firm, pointed out that his facility had met all local, state and federal standards.

"I don't think we have a major problem," commented Warren.

• EWN Investments will have to wait 90 days until seven acres across from Hancock Village on Hull Street Road is considered. On a 4-1 vote, the commission recommended retail uses be approved, but county planners want the zoning for office and residential to remain.

• The Cheatham rezoning was deferred for 90 days until a transportation study is completed and another community meeting can be held. The 63-acre site in the northwest quadrant of Old Hundred and Hull Street roads is planned for multifamily and commercial issues, but the Brandermill Community Association has raised traffic safety concerns and the fire department wants a second entrance/ exit to the development.