Williamsburg, VA 23185
A proposal to build 222 homes next to Water Country USA is heading to the York County Board of Supervisors without support from the Planning Commission.
The commissioners voted 5-2 — with Commissioners Glenn Brazelton (District 2) and Todd Mathes (District 4) against — to recommend the supervisors deny the proposal.
Commissioners in the majority cited the application’s inconsistencies with the York County Comprehensive Plan, which designates the land around Route 199 and Penniman Road for mixed-use properties, and a projected overcapacity issue at Magruder Elementary school.
The application for changes to the land use on the 77-acre parcel at 1500 Penniman Road — submitted by Busch Properties Inc., which owns the land and the 32-acre parcel adjacent to it — would allow residential community on the land rather than commercial space.
Along with the Whittaker’s Mill application, Busch Properties Inc. submitted a separate application for the 32-acre parcel of land at 200 Water Country Parkway, offering to pay the county $500,000 to add a 50-foot right-of-way that would connect the new development to the intersection of Route 199 and Marquis Parkway, where there is already a traffic signal.
The 32-acre piece of land would eventually be used for 300,000 square feet of commercial space, according to county planners. The application, which also included limiting certain uses, was approved 6-1, with Commissioner Tim McCulloch (District 3) recommending denial.
County Planner Earl Anderson said the applicant stood by his opinion the two applications were meant to be reviewed together, which would classify the entire proposed residential and commercial space as mixed use and comply with the Comprehensive Plan.
Greg Davis, an attorney for Mid-Atlantic Communities LLC, a subcontractor who represents Busch Properties Inc., argued it was “common sense” that commercial development would come to the area eventually, and the Whittaker’s Mill land was not conducive to commercial property due to the many ravines and wetland areas that encompass it.
“This project is really an opportunity for the county,” Davis said.
The Planning Commission saw no formal links between the two applications other than the proposed road adjustment that would connect the commercial space to the residential area. After about three hours of discussion, commissioners decided the residential development application by itself would not technically be used for mixed use, and therefore did not follow the criteria of the Comprehensive Plan.
The second issue commissioners addressed in the application was the projected increase in the number of children attending Magruder Elementary school.
Busch Properties Inc. projected 45 new students from Whittaker’s Mill would attend Magruder Elementary, but county staff told commissioners Magruder would reach its limit of 700 students in up to three years regardless of whether Whittaker’s Mill is built because of projected increases from developments currently under construction.
County staff proposed several short-term solutions to the capacity problem, including shifting attendance zone boundaries, with options to move some students to Waller Mill Elementary or Yorktown Elementary. However, within the next few years, one or more elementary schools would still reach capacity, staff said.
To address long-term capacity issues, the school division proposed building a 500-student elementary school on the Yorktown Middle School campus for $23 million, but it has not been included in the school division’s Capital Improvements Plan due to lack of funding.
The Marquis at Williamsburg, which was approved for 650 residential units in November, offered a 5.6-acre piece of land on the Marquis for another elementary school. The Marquis projected the development would add 119 students to York County schools.
The commissioners were in agreement the overcapacity projections at Magruder and all elementary schools throughout the county is an issue. Commissioner Mark Suiter said he visited Magruder on Monday and saw the capacity issues for himself.
“They are doing everything they can with the space they have,” he said, adding the school psychologist was using a janitor’s closet to meet with students.
Mark Tschirhart, associate director of capital plans and projects at the York County School Division, confirmed the commissioners’ concerns and echoed Suiter’s comments, telling commissioners Magruder Elementary was “very packed.” He said he did not know how the school division will accommodate future students, but a need for a new elementary school is imminent.
Other concerns with the application included the land’s proximity to the Cheatham Annex to the north and the limited affordable housing. Whittaker’s Mill townhomes are being offered at $225,000 to $295,000, while single-family homes are being offered at $300,000 to $500,000.
Staff were also concerned with the effects traffic might have on the development if more retail space were to be added to the surrounding properties in the future.
The changes, if approved by the Board of Supervisors, would allow Whittaker’s Mill to begin construction of up to 110 townhouses and 112 single-family homes.
The proposal includes a 5.2-acre park, a 1.7-acre town square, a swimming pool, a 3,000-square foot clubhouse with fitness room, kitchenette and community activity room and an outdoor activity facility area.
Both Busch Properties Inc. applications will go to the York County Board of Supervisors for approval Oct. 21.
Related Coverage
- Proposal for 222 New Homes in Upper York County to Go Before Planners in September
- York County EDA’s Land in Busch Industrial Park Located at Intersection of History, Industry
- York Supervisors Approve Commercial Expansion, Residential Units for Marquis
- York Supervisors Approve Comp Plan Despite Objections from Feds, Conservationists
- Preservation-Minded Speakers Dominate York County Comp Plan Hearing
