July 2007

MX Lawsuit: Appeal Expected

On July 24, 2007, Judge Tidey of Henrico Circuit Court, ruled in favor of defendants, Hanover County and the Board of Supervisors, holding that the case did not present a controversy ready for hearing.  The Judge found that the current plaintiffs were not directly affected sufficiently to create a case or controversy under Virginia Law. In lay terms, the Judge simply found that the current plaintiffs were not specifically affected by any pending application, and thus, it was premature for them to bring suit.  The Court did hold that it would be likely at some future time that these plaintiffs would be affected and could bring an action to challenge the ordinance. 

The landowners are expected to appeal this decision to the Supreme Court of Virginia.

BACKGROUND: Hanover County Board of Supervisors passed a Mixed Use (MX) Ordinance on October 25, 2006. This vote occurred in the midst of the Comprehensive Plan update which could and did dramatically increase the areas designated in the Comprehensive Plan for application of the MX Zoning District. Citizen input fell repeatedly into two areas. First, the language of the MX was broad and vague. Second, citizens were worried that because the MX is applicable in the SSA, to approve it ahead of the updated Comp Plan could be counterproductive to sustainable growth.

Re-drawn SSA boundaries might encourage leapfrog development, and the application of this MX Use Ordinance would have no independent application and "float" throughout the entire SSA area, both as existing and as altered in the future. Citizen concerns fell on deaf ears.

On Tuesday, November 21, 2006, a civil action for Declaratory Judgment was filed by a group of citizens in the Hanover County Circuit Court. The suit, Winterberry Farm, LLC, et al., v. The County of Hanover, Virginia and The Board of Supervisors of Hanover, alleges "the adoption of the 'mixed use' land use ordinance violates Virginia Dillon Authority, County ordinances, statutory mandates, and is vague in both application and content and is otherwise illegal.”

“Wiltonville" Update

On July 25th, 2007 the Ashland Town Council held a public hearing regarding an expansive new development called “East Ashland.” 

The “East Ashland” public hearing, continued from two weeks earlier,  on the Wilton Development Corporation's request for rezoning (see map) and two conditional use permits (CUPs) on 101 acres east of I-95 ended in a vote for deferral, pending more traffic study and an informal meeting of citizens and Wilton personnel.

The Ashland Planning Commission had earlier recommended denial of the project, citing viewshed diminishment, lack of recreation areas, and I-95 interchange  traffic capacity.

In the July 25 hearing, Ashland Planning staff recommended approval of the rezoning and both CUPs.

A major concern for citizens is the huge increase in traffic posed by the development. One resident noted that if the already stressed interchange “breaks”, Ashland businesses will suffer and motorists will endure interminable gridlock.

Three new traffic signals are proposed to handle the flow at the busy I-95/Route 54 interchange: the intersection of Mt. Hermon and Francis Roads, the west side of the interchange and the “East Ashland” primary entrance on Route 54.

Other concerns voiced with the “East Ashland” project included lack of green space and recreation areas;  no provision for pedestrian movement across Route 54 and into Ashland; negative impact on  downtown Ashland economy and lack of affordable housing.

Several residents expressed their regret and indignation with the Wilton Corporation's dealing with the locality. The developer is currently in litigation against the Town of Ashland for its denial of the previous Ashbury project. One resident said the corporation has the town and its population “ensnared in a web of intimidation” and that such dealings exceed the bounds of  “reason, fairness and common sense.”

Ashland Town Council unanimously voted to defer action until its next regular meeting on August 21.

Friends of North Anna Set Meeting With Supervisor Stanley

Friends of North Anna met with Beavderdam Supervisor Bucky Stanley on Tuesday, July 31st at Ashland Library where maps, the original 1989 Conditional Use Permit, and informational materials were available for citizens to see.

The North Anna Battlefield - a Hanover County national, state and local historic site - is threatened by the proposed Martin Marietta quarry expansion that more than doubles its present size. All of the acreage proposed for expansion is battlefield area, according to the American Battlefield Protection Program. This was listed as a historic area in the 2002 Hanover County Comprehensive Plan.

Two miles of North Anna River watershed would also be included in the expansion, as the quarry would cut to the North Anna River. The Virginia Department of Conservation and Recreation (DCR) has deemed this portion of the North Anna as "Qualified as Scenic". Its steep slopes are not compatible with industrial uses. Water quality would be affected by sediment discharge and thermal pollution. Further degredation of the wwatershed will be invited and the viewshed of the river will be ruined.   READ MORE...      

Hanover County Planning Commission, July 19 - Overview

Citizen comment focused largely on public hearings for a conditional use permit   for WAWA, Inc. in the Chickahominy district and rezoning of a parcel for age restricted housing in the Henry district.

WAWA seeks to build a store in excess of 5000 square feet on 2.5 acres on the southwest quadrant of the intersection of Chamberlayne  (U.S. 301) and Atlee Station Roads.

Citizens were concerned about increased traffic. The convenience store, which seeks to operate 24 hours a day, will contribute to already heavy volume on that section of U.S. 301. Traffic generated from I-295 and the three schools on Atlee Station Road present existing traffic loads. According to  the 2005 Hanover Sheriff's Office statistics, that intersection ranks 4 th highest for accidents in the county.

Residents were additionally concerned over the 24-hour operation, citing possible safety issues in proximity of “family-oriented subdivisions.”

Planning staff recommended approval of the request. The Planning Commission passed the request 7-0, sending it on to the Board of Supervisors.

In Henry district,  Janice S. and Granville Kirk Harris  seek to rezone 15.12 acres from A-1, Agricultural District, to RS, Single-Family Residential District, to permit 59 age restricted units for a gross density of 3.90 dwelling units per acre. The parcel is located on the east side of Lee-Davis Road 500 feet south of its intersection with Pole Green Road.

Area residents are worried about traffic volume, housing density, lack of adequate green space and pedestrian movement.  The intersection of Pole Green and Lee-Davis Roads is already stressed, according to traffic consultant McCormick Taylor.

The Historical Commission's report cited difficulty in mitigating negative impacts on historic home Laurel Meadow, a cemetery and the Civil War battlefields on the site. Preservation of a treeline and installation of evergreen screening were also requested.

The Commission also recommended that the density of the project be at the minimum rather than the maximum number of units allowable. The property is designated on the General Land Use Map as Suburban General (2-4 units per acre).

Some focus areas for the Public Works Department were a drainage analysis for downstream property and systems; a detention basin or sewer line removal on the Legacy Park property line; and requirement of a dam breach analysis on an embankment.

Planning staff recommended denial as submitted, but approval if outlined issues were satisfactorily addressed.

The Planning Commission deferred a vote upon request of the applicant.

Quarry Expansion Poses Numerous Threats to North Anna Battlefield Area

Proposed expansion of the quarry on Verdon Road has Friends of North Anna and residents gravely concerned about impacts on wildlife, the environment and historic property. Martin Marietta Materials, Inc., quarry owner, is currently purchasing the adjacent properties pursuant to its request for a Conditional Use Permit (CUP).    [Click here to View Site Sketch Plan]

With this request, Martin Marietta seeks to enlarge this quarry by about three times its current size.  If the CUP is granted, literally all of North Anna Battlefield will be obliterated.

“What will be left are remnants of the outskirts,” said Theresa Stevenson, resident and Friends of North Anna member.

Congress created the American Battlefield Protection Program as part of the National Park Service to identify battlefields in America historically significant enough to be preserved.  Of over 10,000 battles and skirmishes that have taken place in America, the American Battlefield Protection Program identified 384 battlefields as historically significant and worthy of protection as the most significant.

Of those, the North Anna Battlefield has been identified in the top 50, making it among the only 3.8%  targeted for protection. Unfortunately, Congress did not provide for any way to safeguard these battlefields, so protection is completely voluntary. 

“Even more unfortunate is our Board of Supervisors who  accommodated the expansion request within the  revised Comprehensive Plan the very day they approved the update,” Stevenson further observed.

This quarry was created in 1948 on the south side of Verdon Road.  In 1989, the General Crushed Stone Company, who owned the quarry at the time, was allowed to expand onto the north side of Verdon Road.  To do so, they had to donate 88 acres to create the North Anna Battlefield Park.  This represents only a miniscule portion of the battlefield.

When the quarry was allowed to expand in 1989, part of the agreement stated that the quarry would do no harm to any earthworks.  That, apparently, is being ignored.

In addition to destroying the battlefield, the quarry expansion will impinge on the North Anna River, a beautiful, pristine riparian ecosystem full of wildlife. Moreover, a noise nuisance is likely because Martin Marietta is also asking to be allowed to operate 24 hours a day, six days a week.

Stevenson's 300-year old home, a national, state, and local historic site, is within 1000 feet of blasting and likely will suffer the effects. 

“I don't say this based on supposition.  When the quarry crossed Verdon Road, the blasting from a mile away blew the plaster off the third floor,” Stevenson said.

Stevenson and Friends of North Anna say this site would be ideal for a state park since the State of Virginia has been looking to locate a state park in this area. 

“It is a battlefield of historical significance that should be protected.  It offers a river for canoeing, photography and wildlife observation,” she said. Eventually, it will also house a reservoir, offering even more water attractions. 

Another positive aspect  is the draw of historical tourism due to its location within the corridor from Fredericksburg to Richmond.

“This park could be part of a green infrastructure that Hanover needs desperately.  It would be a better use of the land for all of Hanover,” Stevenson said.

April 2007

MX Lawsuit Update

At a hearing on April 5, 2007, in Hanover Circuit Court, the local judge recused himself from hearing arguments in a suit brought on behalf of various litigant property owners in Hanover County against the Board of Supervisors of Hanover County for their adoption of the Mixed Use Ordinance.

Plaintiff landowners had requested that the local Circuit Court judge recuse himself to avoid any appearance  of conflict in dealing with the case. The judge agreed and an order will be submitted to appoint another judge from the 15 th   Judicial Circuit. The plaintiffs allege that State code does not allow Hanover to create a Mixed Use ordinance for general application, creating a floating zone. This would allow significant changes in land use without public hearing or notice.

A new judge will be selected and date set to hear arguments.

March 2007

Supervisors Approve Flawed Comp Plan Despite Citizen Outcry

On Wednesday, March 28, in opposition to a majority of Hanover citizens, Supervisors Gordon, McGhee, Setliff and Ward APPROVED a Comp Plan Update that favored special interests over the democratic planning process.

An overflow audience of more than 300 attended the meeting at which the Supervisors received last minute changes to the Comprehensive Plan, deliberated and voted 4-3 for its approval.

Supervisor Stanley introduced a substitute motion to delay the vote, send the Plan back to the Planning Commission and create a commission to work on  the Update. Supervisors Ernst and Wade supported the motion which was struck down on a 4-3 vote.

Some of those changes included a Route 33-Hylas community planning area; an expansion of the Martin Marietta quarry area north of Verdon Road and a pullback of the rural conservation designation around it; deletion of areas 8,9 west of Ashland with a housing density reduction to Suburban Transitional; a Small Area Plan for the Rural Point Road area and, for the business park northeast of Ashland, a designation as Economic Development Zone with no residential.

Transportation alterations included town-county study areas for both Route 54 west of Ashland and the proposed new I-95 interchange north of Ashland; downgrading Blanton Road to a 60-foot right of way;  and a scenic designation for Ashland Road with 100-foot right of way between Hylas and Route 33. 

CITIZENS TURN OUT IN RECORD NUMBERS, UNPRECEDENTED IN HANOVER HISTORY

Over 1,000 Hanover Citizens made history the evening of Wednesday, March 21, 2007 at Hanover High School.  Citizens from across the county's seven districts turned out in droves to oppose the County's Comprehensive Plan revisions.  Several supervisors, who have served on the Board for over 20 years, proclaimed they had “never seen anything like it.” 

Over the course of 5-6 hours, citizens expressed their outrage, bewilderment, and vehement opposition to radical aspects of the Comp Plan's Update.  Well-informed Hanoverians were aware of quality land use planning practices and implored their elected officials to listen, not just “hear” their concerns. It was “standing room only” as an overwhelming majority stood strong against the proposed revisions and passionately requested their Supervisors to “take the time to get it right.”

DEVELOPERS COME FIRST?
THEY'RE ASKED FOR INPUT SEVERAL MONTHS BEFORE YOU ARE!

On November 8, 2005, a memo was written to County Administrator Rhu Harris from Rogers-Chenault, Inc., a major land development company.  The memo outlines the developer's preferred expansion of the Comp Plan's Suburban Service Area.

The Rogers-Chenault memo, with a map attached, states that the development company would prefer to designate the area north of Rt. 54 (between Ashland and Hanover Courthouse) to the Pamunkey River and the Doswell service area over to I-95 for inclusion within the expanded Suburban Service Area (SSA).

Amazingly, by the fall of 2006, this area, with very few changes, becomes known as “Area 4A” on the County's proposed SSA expansion map. 

Not content with a bold and reckless expansion of the SSA at the behest of a developer, County planners also solicit and insure widespread support for ALL of the proposed expansions within the SSA.

The Coalition for Hanover's Future also uncovered several “talking point” memos sent by the County's Economic Development Director, Mark Weiss.  Mr. Weiss and his staff, on your dime, appealed to all of the County's business groups, urging them to appear at public meetings and express support for the Comp Plan Update.  Just think: all of this pro-Plan prodding by County staff was bought and paid for by YOU!

An overarching complaint lodged by the Coalition for Hanover's Future has been the lack of opportunity for meaningful citizen participation in the development of this Comp Plan Update.  It has not happened.  Even more unsettling: input from business, real estate, and development interests was sought early, often and incorporated into the Plan.  Citizens, in turn, were allowed to attend at times noisy and poorly planned workshops and listen to longwinded monologues exhorted by County Planners on why this Comp Plan Update was a “bold” plan for managing Hanover County's growth. 

Flawed Data Yields Seriously Flawed Projections in Comp Plan Update

Contradictory, unfounded assumptions and significant data errors have resulted in gross miscalculations of land for future commercial and residential needs as projected in Hanover County's Comprehensive Plan update.

In an analysis of the County's  incorrect base data for both jobs and population growth, Michael Siegel, principal of Public and Environmental Finance Associates, has shown that the County overprojected acreage for Suburban Service Area expansion as well as square footage allotted per worker. A 200 year supply of land already exists in the current SSA for commercial needs.

Click here to access Mr. Siegel's report (PDF).

Split Vote Sends Flawed Comp Plan Forward

New areas of county targeted for development

On February 7, the Hanover County Board of Supervisors voted 4-2 to send the Comprehensive Plan forward for public comment. Supervisors Setliff, McGhee, Ward, and Ernst voted yes while Supervisors Stanley and Gordon voted no, and, Supervisor Wade was not present. The Comp Plan in essence, is the same plan forwarded by the Planning Commission with several new areas designated for development.  Read more...

Hundreds of Citizens Speak Out on Hanover's Future 

Citizens of Hanover turned out in record numbers January 9, 2007 to express passionate opposition to the development-driven Comprehensive Plan revision. At the end of a five-hour evening, the Planning Commission voted 7-0 to send the flawed land use and transportation plan to the Board of Supervisors. Read more...

November/December 2006

Planning Commission Work Sessions Wrap

Highlights of these sessions included a query on planning assumptions, a new business zoning designation, probable size of Suburban Service Area expansions, timing of utilities phasing and usefulness of a 50-year planning horizon. Read more...

October 2006

Hanover County Citizens File Suit In Response to Approval of Mixed Use Ordinance

The public hearing for the Mixed Use ordinance (MX) at the October Board of Supervisors meeting drew skeptical reactions from citizens.

Although many felt that MX was a good tool to apply for infill in the Suburban Service Area (SSA), they thought it would be prudent to consider MX only after the new Comprehensive Plan was approved, and areas could be designated in the Comprehensive Plan for application of the MX Zoning District. Read more...

Citizens Aghast at Transportation Proposal

Although it may seem surprising to some, new roads and widened roads usually do not provide traffic relief. A half-century of experience and studies have shown that new road capacity is often filled within 2-5 years of expansion, which means drivers and planners have to deal with traffic issues shortly after the development of new road projects. Read more...

Not Historic Preservation but Historic Levels of Development

Hanover County Planning Department staff presented on October 16, 2006 maps of the proposed Suburban Service Area (SSA) expansion showing high density development on land that is now agricultural.

(CLICK HERE to see a map of proposed business & suburban development for Hickory Hill (Area 4A). Historic levels of development are also proposed in the western part of the county (Area 1). CLICK HERE to view the Area 1 map).

The maps designated over 5,500 acres of farmland, forests and historic properties in section 4A for business park development and suburban residential. Hickory Hill, an antebellum property located in this section, has 2,200 acres of its 3,200+ acres designated for high density development.

The maps seemed inconsistent with an October 13, 2006 opinion by the Planning Department that a development proposal for part of Hickory Hill be denied because it “imposes a suburban residential development pattern of lots, roadways, including traffic circles, over what is currently a rural and historic landscape”.

Three days later, on October 16, the maps with proposed SSA expansion in the area designated 4A was presented at the Hanover High School public work session. To date, there has been no transportation plan showing the link between the proposed land use and the transportation needs it will create. Citizens expressed dismay with the lack of analyses of fiscal and traffic impacts.

Development Hot Spots Identified

The Planning Director and the consultants from Clarion and McKinney and Company spent most of the workshop on August 30, 2006, reviewing the recently released report on Land Capacity and Demand. This report was presented as the factual foundation upon which the updated Comprehensive Plan will be framed and executed. To understand the assumptions being made by the consultants, please download and read this report. This 78 page report is critical to the future of our county. As Art McKinney, McKinney and Company, stated “the Comp Plan is the rule book and will be applied like a dictatorship.”….Read more.