A request to extend sewer service to a vacant lot on John Tyler Highway led to disagreement among the James City County Board of Supervisors on Tuesday when the application went up for a vote.
The supervisors split on the issue and, as the time crept toward 1 a.m., Supervisor Jim Kennedy (Stonehouse) requested the board take up the issue for a vote at its Aug. 12 meeting.
The board voted 4-1 to defer discussion, with Supervisor Michael Hipple (Powhatan) opposed. Chairwoman Mary Jones (Berkeley) said she would have favored a vote over a deferral, but she did support holding off and continuing the dialogue.
Attorney Vernon Geddy III submitted a special use permit request to the county on behalf of Bayshore Development, which owns 3.18 acres of land at 2604 John Tyler Highway. If granted, the permit would allow the land owner to extend a James City Service Authority sewer line by 220 feet to the property, where the owner plans to build a four-bedroom house.
Sewer service does not run to the agriculturally zoned property because it falls outside of the county’s Primary Service Area, which is the county’s principal tool for controlling growth in rural areas.
When the request went before the Planning Commission on June 4, the commissioners split the vote and recommended denying the permit on a 4-3 vote.
Geddy told the commissioners in June the landowner would be moving forward with building a home regardless of whether the sewer line was extended because he obtained a permit to install a septic tank on the property. The sewer line would be more convenient for the family, and the owner would cover the cost of extending the line, Geddy said.
At Tuesday’s meeting, Geddy told the supervisors the request was not to extend the PSA or to extend the sewer line outside the PSA because the county had already done that. When Governor’s Land was built, the county in 1997 decided to extend sewer and water service to the development and all neighboring properties. The property at 2604 John Tyler Highway is separated from the sewer line’s end by one lot.
Geddy pushed the board to approve the request by saying a house would be built on the lot either way, and the landowner preferred to start off with sewer service rather than installing septic tank that could fail one day.
“I don’t think you’re approving a precedent that will come back to haunt you,” Geddy said.
The board opened a public hearing, which had one speaker, before going over the request itself.
Judy Fuss, who spoke on behalf of the James City County Citizens Coalition, said the request “mocks the Comprehensive Plan,” which outlines future growth in the county and shows the boundaries of the county’s service area. She asked the supervisors not to send the message to citizens the plan has no meaning.
Kennedy kicked off the supervisors’ discussion by saying a precedent had been set when the county allowed sewer service to be extend outside the PSA for Governor’s Land. His main concerns are with the PSA, which was “essentially drawn on a napkin” in 1975 and likely includes areas that might not be included if the line were redrawn. He said the board needed to sit down to review the line to determine whether it’s working.
“I’m just concerned with this one. I understand the dilemma that there are other people that we’re looking at here that may want to tie in. I certainly understand that, but I’m looking at something where we are right across the street, and that’s where the division comes in. We’ll always be across the street from someone,” Kennedy said.
Jones, like Kennedy, said the precedent had already been set with Governor’s Land and a number of schools outside the PSA.
“We’re talking about one property, and they can only put one house on it and they’re asking to tie into the sewer line. To me it just sounds like the right thing to do,” Jones said. “It’s one house.”
Supervisor John McGlennon (Roberts) came down on the other side of the issue, and said the case would set a precedent for the future. The PSA would “no longer be available as a growth control tool” if the board approved the landowner’s permit request.
“If the board approves this application tonight, it is killing the PSA,” McGlennon said. “The argument that ‘Well, it’s adjacent’ is also going to mean, ‘Well, it’s on the outside of the PSA, but it’s right there, so why not let it connect?’”
Rather than making a change that could set a new course for all future considerations, McGlennon said he would be willing to consider implementing an alternate policy to control growth. Only after a new policy were in place, would he be willing to consider the permit request.
“What this is going to say is basically despite what people heard during elections, that the PSA does not really represent a policy that we will stand behind,” McGlennon said.
Supervisor Kevin Onizuk (Jamestown) joined the board in January after winning a November election. A political newcomer, Onizuk responded to a WYDaily questionnaire citing the PSA and the Comprehensive Plan as “the strongest tools we have to control growth in James City County.” He planned to “end the practice of changing rules on the fly” and said he would insist the board “maintain a long-term strategy for preserving the natural beauty of our community.” Onizuk’s questionnaire responses remained in line with statements he made during a pre-election forum in October.
During Tuesday’s discussion, Onizuk spoke in step with his former comments. When looking at the bounds of the PSA in conjunction with a Google Earth view of the county, he said there is a noticeable difference in the amount of open land. The PSA has worked to control development and, while it may not be the best way to control growth, “that’s all we have,” Onizuk said.
Hipple also responded to a WYDaily questionnaire after winning the November election, but he did not specifically cite the PSA as an important growth tool.
“Some growth is going to be inevitable, but through adherence to the Comprehensive Plan any by employing predictability in land use, we can ensure that the growth we do experience benefits our community,” Hipple wrote in his response to the questionnaire. “We should protect the Forge Road area in my district and place a special emphasis on retaining our rural areas.”
Hipple did not join in Tuesday’s discussion for long, but he did align with the supervisors who believe a precedent for extending service outside the PSA has already been set. Hipple, a builder, said the land along Jolly Pond Road has a higher clay content and cause a septic system failure, which could contaminate the environment. Putting in a septic system costs about $20,000 to $30,000, he said.
Hipple also agreed the board should look at alternatives to “that imaginary line” that serves as the PSA.
County Attorney Leo Rogers responded to a question from Kennedy, telling the board that “each case sets a precedent” and shows the supervisors are willing to go an additional step. If the board were to make an exception to a policy, Rogers said the supervisors should disclose a good basis for their decision.
At the end of the discussion, Kennedy called for a deferral and said he “could be supportive of waiting to see if we could come up with a better mouse trap.” The board voted 4-1 with Hipple opposed to resume discussion of the request at its Aug. 12 meeting.
Related Coverage: