Cluster subdivision ordinance revamp to address population heads to New Kent supervisors

As New Kent’s population continues to grow at a rapid pace, an ordinance that passed during a May 2015 special joint meeting between county supervisors and the county’s planning commission has returned in an effort to divert growth to specific areas of the county in an effort to maintain New Kent’s rural culture.

Director of Community Development Matthew Smolnik appeared before commissioners during the Nov. 21 Monday evening’s public hearing with a proposal to amend the classification of minor and major subdivisions and increase the minimum growth area for open space or cluster subdivisions.

Currently, the county defines a minor subdivision as 20 or fewer lots while a major subdivision is recognized as an area with 21 or more lots. Under Smolnik’s proposal, a minor subdivision would be defined as seven or fewer while eight or more would be classified as a major subdivision.

“A lot of cluster subdivisions are starting to come online,” said Smolnik. “Right now you can have two subdivisions side by side and when a person drives by it, they don’t see two subdivisions by each other they just see one big neighborhood. They share a public road and they share stormwater.

“A vast majority of these subdivisions don’t have water on a public system,” the director continued. “Looking at it from the viewpoint of schools, utilities, and safety, it was something that we needed to address.”

Smolnik commented that talks with New Kent Fire Chief Rick Opett and New Kent superintendent of schools Dave Myers warranted the ordinance to return to commissioners.

“Our first concern is the safety of the citizens and discussions with the fire chief said that if one of these places catch on fire then it won’t be just one house going up in flames,” Smolnik added. “We also want to direct this growth in certain areas but encourage businesses to continue to come into the county.”

Smolnik’s recommendation also recommended increase the number of acres from 30 to 75 acres. Under the ordinance, at least half (37.5 acres) would have to be used for open space.

During the public hearing portion, Matthew Starr addressed commissioners with his concerns.

“I am a developer and I can see both sides of the coin,” he said, mentioning his occupation as a developer. “I grew up in New Kent and understand how the county wants to keeps its rural character.

“My concern is that we need a tax base and right now a majority of the tax base for the county is being provided by the residents,” Starr continued. “I ask that you have discussions for proffers and that we may need to allow for some growth to pay for some things in the county.”

Commissioner Richard Kontny commented questioned the ordinance, saying he had concerns on the limitations placed in it.

“Do we want to put anybody in the position that affects their livelihood?” he said, pointing to Starr’s occupation as well as the possibility of other people desiring to move into the county. “I have a tough time agreeing with this ordinance because we are setting a specific number on acreage whether it’s for a minor or major subdivision.”

Chairwoman of the planning commission Patricia Townsend added comments, specifically saying some lots were approved by boards prior to her tenure.

“We are seeing developments pop up because the land and zoning was approved for them in the past,” she said. “We need to protect ourselves and the rural characteristics.

“We want to continue to encourage businesses and people into the county and I think this ordinance does that,” Townsend added. “I just don’t want the impact to become too great for us to handle.”

Commissioners voted 7-3-1 to forward a favorable recommendation to county leaders for the changes to the definitions and requirements to be made in the ordinance.