South of the James

By Conaway Haskins

In an apparent response to the hot-button development issues that propelled Tim Kaine to the Commonwealth’s Governor’s mansion, the House of Delegates Republican Caucus has offered up its own version of planning policies aimed at addressing local sentiments. In a press release from the Office of House Speaker Bill Howell (hat tip: Del. Sam Nixon, R-Chesterfield) titled “House Republicans Propose Sensible Growth Management Reforms,” the GOP members of the lower body hold that the “Legislation Gives Localities Greater Tools for Infrastructure Planning” and that “Reform Initiatives Praised by Representatives of VACO, VML.”

The text of the release is as follows:

Virginia House of Delegates Speaker William J. Howell (R-Stafford), joined by Clifford L. “Clay” Athey, Jr. (R-Warren County), Jeffrey M. Frederick (R-Prince William), John A. Cosgrove (R-Chesapeake) and Robert G. Marshall (R-Prince William), today unveiled a package of legislative reforms from House Republicans to allow local governments to better manage growth and plan for needed transportation infrastructure. The five bills contained in the House Republican plan are measures many localities desire to assist them in exercising reasonable decision-making when assessing land use proposals, while also providing them tools to build needed transportation infrastructure. House Republican leaders made the announcement at a news conference at the state capitol.

“Too many people have assumed that the only answer to crowded highways and secondary roads is the construction of still more roads with no real way to include local governments in these decisions. We can and must do better,” Speaker Howell said. “That’s why we as House Republicans are presenting a comprehensive package of growth management reforms. The legislation we’re announcing today will assist localities in sensibly managing growth in fast-growing communities, while also avoiding simply clamping down on the expansion and progress that has made Virginia such a vibrant and great place to live, work and raise a family.”House Republicans were joined at the announcement by organizations that represent Virginia local governments.

“The Virginia Municipal League appreciates the House proposals aimed at improving the coordination of land use regulation and transportation at the local level,” said Mark K. Flynn, Director of Legal Services for the Virginia Municipal League. “This is a significant effort to enable local governments to responsibly deal with growth, particularly as it relates to transportation. Increasingly, our citizens are frustrated with the traffic and related problems created by population growth. The citizens look to their local governments to do something about the problems. The legislation is a positive step forward in helping local governments coordinate transportation issues as a part of the land use decisions they face. We look forward to working with the House, Senate and Governor in this endeavor.”

“We are very excited that the leadership in the House is talking about empowering localities with the tools needed to deal with sprawl and growth,” said Jeffrey S. Gore, Director of Governmental Affairs for the Virginia Association of Counties. “We look forward to working with the legislature and the administration to move these ideas forward.”

House Republican Sensible Growth Reform Agenda

HB 1521 (Del. Robert G. Marshall) - The bill promotes better managed growth by requiring localities to include road and transportation improvements when preparing their comprehensive plans. Localities will include transportation improvements, including transit, and their costs in the plans they are required to develop and update every five years. This bill is similar to HB 1529 (Del. Phillip A. Hamilton).

HB 1513 (Del. Frederick) - The measure requires localities to submit their comprehensive plans and traffic impact statements to the Virginia Department of Transportation for review. This will allow the planning professionals at VDOT to offer input on the impact of local zoning decisions on transportation infrastructure.

HB 1528 (Del. Hamilton) - By requiring localities to include cost estimates of road and transportation improvements included in their comprehensive plans, the bill allows localities to include the costs in determining their proffer collections.

HB 1506 (Del. Athey) - The bill reduces the necessary rate of population increase to allow the acceptance of proffered conditions from 10-percent to 5-percent. The population increase is to be based on information reported by the United States Bureau of the Census. Since it reduces the rate of population necessary, it expands the number of localities that would qualify to 254 out of 324 localities. This bill is similar to HB 1520 (Del. Marshall).

HB 1104 (Del. Athey) - The legislation expands the present revenue-sharing fund program for counties to include cities and towns as well. The bill would increase the match limits and total funding, while also allowing any local contribution to take the form of proffers from developers. The effect would be to allow localities to use proffers as their match for local revenue-sharing fund projects, thereby giving localities more input into transportation decisions. This bill is similar to HB 669 (Del. Leo C. Wardrup, Jr.) and HB 681 (Del. Edward T. Scott).

“We’ve been looking for something that we could move through the General Assembly that would assist localities while they are making these decisions,” said Del. Athey. “This also reflects a commitment on the part of the Republican Caucus that as we craft a transportation solution, we need to move a lot of these decisions out to localities.”

“In Prince William County, we are dealing with growth as much as anyone else in the Commonwealth, with developments coming in without necessarily having the infrastructure in place,” said Del. Frederick. “We’re all very enthusiastic about these ideas we’ve introduced.”

“The most important step is the commitment of the Republican leadership to go in the direction to help our citizens find a fair way to manage and pay for growth,” said. Del. Marshall. “I am very pleased that we are moving in that direction.”

Interestingly, these legislators are all from the “exurban” districts in Northern Virginia and Hampton Roads, areas that responded well to Gov. Kaine’s campaign themes of more local control. Additionally, part of this effort was profiled in a recent Washington Post article that profiled the efforts by major land developers to derail many of the legislative initiatives that could stymie their agenda. South of the James will be investigating these bills further and will offer up an analysis of their potential impacts in the near future, especially to localities struggling with rampant home-building and clogged highways. In the interim, check out the bills and develop your own thoughts.

By Dan Gecker
Guest Writer

In a South of the James exclusive, Dan Gecker, Vice Chairman of the Chesterfield County Planning Commission, responds to the on-going controversy surrounding the Watkins Centre mixed-use development project. Gecker is an attorney and represents the Midlothian District. He was appointed by Supervisor Ed Barber (D).

I do not believe that the facts regarding Watkins Centre deferral are well understood. The County is the applicant in the Watkins Centre case. The benefit of the “proactive zoning” to the County is that we have the opportunity to ensure that the development of large tracts will occur in an integrated fashion, particularly as it regards the transportation component. As of the date of the last planning commission meeting, the developer had not produced the traffic study which they had committed to submit to the county staff in early December.

Because of the failure of the developer to submit the promised traffic study, a key component of the case could not be analyzed. Although certain individuals and groups stood up and asked that the case be passed that night, it would certainly be irresponsible to deliberate on this case (or any case) without all of the needed data. Staff had not even prepared a staff report at the time of the commission meeting. We were promised the traffic study the next morning. Again, it did not arrive. Therefore, staff drafted a condition that requires significant road improvements in conjunction with the first phase of the project. Were there good data available, it is likely that the transportation improvements required could be phased, which would increase the likelihood that the Watkins Centre will actually get built.

I am concerned that most of the public does not understand that this development is more than the “Main Street” style retail they have been shown. Site plans submitted by the developer in conjunction with the project show roughly 800,000 square feet of “big box” or strip retail, and 200,000 square feet of Main Street (or lifestyle) retail. The developer wants to develop the big boxes first; the timing of the proposed Main Street is under discussion. I met with the developer in Northern Virginia on Tuesday, January 24, 2005. The four remaining issues we are discussing are:

1) Assurance in the textual statement that a meaningful portion of the main street component of the center formerly known as the lifestyle center (now the hybrid center) will be built as part of the first phase of the development;

2) Assurance in the textual statement that the lead tenants of the main street component of the hybrid center will be either “upscale” or unique to the market;

3) Minimum size requirements for the “Main Street” component. At one time the developer suggested 350,000 sq. ft. would be built, but it is now down to 100,000 sq. ft. I would be comfortable at 200,000 sq. ft;

4) Commitment for the building of the cinema, bookstore and minimum of three “sit-down” restaurants that have been discussed in public meetings as the essentials components of a lifestyle center. Currently these components are required to be shown on the site plan; there is no requirement they actually be built.

I have heard it said that we should not be “tinkering with the market”. Zoning and land-use planning is, to a large extent, “tinkering with the market.” Nonetheless, one man’s tinkering is another man’s protection. Consider how many citizens oppose projects such as X-rated adult bookstores, certain home day cares, tattoo parlor proposals, off track betting facilities, “pay-day” lenders, etc. As it relates to the Watkins Centre, I have not met anyone who would support, for example, a Wal-Mart or K-Mart as the lead tenant.

I know of only a few people who believe that a center that completely replicates what already exists in the central part of the Midlothian district is a good idea. I believe that the lead retailer at the Watkins Centre should either be “upscale” or not already in the Chesterfield & Henrico markets. To merely shift revenue from one part of Chesterfield County to another accomplishes nothing and wastes the opportunity that a major interchange like the one at Rt. 288 & Rt. 60 affords us. At the end of the day, what we really want at that intersection are stable business uses.

I disagree with the assertion that the Watkins Centre as currently proposed will close the gap in sales with Henrico. An analysis of the various components of that gap leads one to a contrary conclusion. However, a real lifestyle center would assist in closing the gap. In addition, the retail development on the north side will allow for infrastructure improvements, including sewer, which will set up the southern side of Rt. 60 for future office and light industrial development. That is a worthwhile goal.

by Conaway Haskins

This post originally appeared on the ThinkSouth blog on January 27, 2005.

Once again, Virginia’s House of Delegates is a party to a minor controversy garnering national attention. One year after a member offered up a “droopy-drawers” bill aimed at reducing the scourge of saggy pants among school-aged young men and women, Del. Jack Reid (R-Henrico) is now the center of unwanted attention for something a bit more troubling. Reid, a school administrator and proud gun owner, accidentally fired his semi-automatic pistol while sitting in his office yesterday morning. Aside from wounding a helpless flak jacket (and his pride), Reid also upset the sense of security for staff members within earshot of the legislator’s personal chambers. This story generated attention around the state and across the border as the venerable Washington Post gave it “above-the-fold” copy today. Says the Post,

“The incident prompted an unexpected debate about gun control and also something uncommon in Virginia political circles: contrition from a state legislator. Reid, a Henrico County Republican, rose from his seat on the floor of the House of Delegates, asked to be heard, explained what had happened and said: ‘I want to apologize to the members of this body and to the greater body. . . . I’m just thankful that nobody was hurt.’”

The Richmond Times-Dispatch reported that Reid “said he doesn’t know if he will continue to carry a weapon. ‘I have some soul-searching to do about that.’” The issue of guns on government property has engulfed the General Assembly for some time, and yesterday’s events will surely add to the murky waters. As the Post notes:

“The incident immediately reopened the debate among lawmakers and lobbyists about whether firearms should be allowed at the Capitol, a discussion that has been held for several years…anyone in Virginia until recently could carry firearms openly into the legislators’ office building and the nearby Capitol. Then, last year, a committee of delegates and senators passed a rule requiring residents to have a concealed weapon permit to bring a firearm into the complex, even if the gun is carried openly. Some senators proposed barring guns from the buildings altogether. But many gun rights groups opposed the move.”

Undoubtedly Del. Reid is sincere in his remorse and would surely love for this incident not to have happened. Yet, the incident crystallizes the insanity of the current gun rights debate. Our Constitution protects the fundamental right to “bear arms,” designed both for self-protection and for purposes of defending the state though “militias” have mostly been replaced by the Pentagon and National Guard. Sensible regulation of weapons is necessary to protect innocent citizens from criminals, but such rules must preserve the rights of law-abiding gun owners. Hopefully, the Commonwealth’s legislators can figure out a way to make a sensible compromise that does both, but given the contentious environment between the two major parties, that may not be possible. In the end, all we can hope for is that common sense – an too often a concealed weapon itself - will prevail.

By Conaway Haskins

It looks like Chesterfield County may be on its way to developing a more upscale image. For a county often considered a bedroom community for the Metro region, quite a few of those bedrooms are available for a cool million or more. The Chesterfield Observer profiles the rise in homes priced at or over $1 million. According to writer Susan Nienow, “A million doesn’t buy what it once did, but buyers of luxury homes reportedly get more value in Chesterfield than elsewhere in the metro-Richmond area.”

For those lucky enough to afford such properties, the homes come well-appointed. As the Observer notes:

“Local real estate agents says the higher-priced homes in Chesterfield subdivisions have a minimum of four to five bedrooms with one or two master suites, jetted spa bath and a large amount of storage. A lux-home’s gourmet kitchen should have granite or other high-end counters. Some of these homes are in planned communities with amenities. Home theatres are often popular with buyers of these homes.”

These McMansions are the latest in a series of events showcasing the coming battles over development, growth, and quality of life as county residents and their elected leaders seek to shape the future of this once-sleepy locale. Although the image of Chesterfield as a small town community may linger in the minds of some, the reality is that it is the 4th or 5th largest municipality in the Commonwealth (neck-and-neck with Northern Virginia’s fast-growing Loudoun County) with a population of nearly 300,000 people. The county has an overall density that makes it squarely urbanized, and as such, it is dealing with the issues associated with such a transformation.

Feeding the growth debate are questions about maintaining the county’s character, as well as, shoring up the tax base to provide vital services. For example, last night, the Board of Supervisors took a step in a questionable direction as they unanimously voted down a proposal to allow a private developer to build a wastewater treatment plant within one of his planned communities. Concerns abounded about the precedent that this would set, as well as, the possibility of the county becoming responsible for the maintenance of the facility in the future. According to the Times-Dispatch,

“County officials also expressed concern that providing a sewer connection would clear the path for more homes to be built in an area not yet suited to accommodate such development. Attorney John Cogbill, on behalf of Emerson, countered that the sewage plant proposal was viewed favorably by the area’s residents and is a safer alternative to septic systems. ‘This case is not about growth . . . it’s a case about growing in a better way,’ he said. ‘This is the next level of environmental-friendly development.’ [developer George] Emerson told supervisors the plant would not result in booming residential growth because they have the power to prevent additional rezonings. ‘The issue of land use falls on you,’ he said.”

Mr. Emerson is correct in that the elected and appointed leaders of the county are partly responsible for shaping the landscape of the county for years to come. Part of their decision-making must factor in whether Chesterfield will increase its share of upscale living in the region. With plans for the Watkins Centre development being held up by deferrals of the Board of Supervisors and Planning Commission, county leaders could be missing a golden opportunity to manage growth in a manner that makes the county more competitive with surrounding jurisdictions and other areas. According to the Observer

“Many commercial real estate professionals believe the county should not be tinkering with the marketplace, trying to protect Chesterfield Towne Center from new competition just five miles to the west. But county leaders have said they want to avoid the blight of under-used or abandoned retail space that is threatening the Cloverleaf Mall area. In a January 12 letter to the Planning Commission, Gary Fenchuk and Clem Carlisle of East West Partners urged the commission ‘to move this project forward as quickly as possible.’ The development, they asserted, would reclaim tax dollars lost to Henrico and become ‘the most important economic development project’ in the county’s history.”

It is understandable that elected officials would want to make the best decision for their constituents; at a minimum, voter satisfaction and reelection concerns mandate such thinking. However, at some point, leaders must lead, and part of that rubric means making tough, but possibly unpopular choices. If Chesterfield is to truly prosper into a “First Choice Community,” then the Board of Supervisors, Planning Commission and other public officials must first choose.

One on hand, they can choose to defer critical decisions, while the patterns of haphazard growth and development that leads to leapfrog communities, skyrocketing real estate assessments, and clogged roads continue to plague the citizenry. On the other hand, they can choose to grow smarter and more strategically being stewards of the county’s future in a way that spurs vital commercial development, protects housing affordability, intelligently connects land uses with transportation infrastructure, and ensures the best possible quality of life for the most people. Sure enough, mistakes will be made, and some decisions will not have desired results, but that is the price of public office. If you choose to run, and the voters choose you to serve, then politicians must choose to lead. If the county’s elected officials fail to act decisively and progressively, their bosses - the voters and taxpayers - just might choose others to lead them…in 2007.

As some of you may have noticed recently, you have not been receiving the regular email updates from me regarding new material posted on the South of the James blog (I’m sure that some of you are thankful for this). This decision was motivated by several factors, including time (I have less and less these days) and the fact that new posts have been made on nearly every weekday since January 1. After conducting a terrifically, unscientific experiment, I realized that more people than I thought were simply checking out the site without the email prompts (you like me, you really, really like me…Or, you hate me and are truly a glutton for punishment via my long-winded tendencies).

All jokes aside, from now on, unless you request them or I need to specifically get a message to you, I will cease sending out broadcast emails after today. Instead, if you’re still interested in what I’m doing, you can get the South of the James RSS feed here: http://southofthejames.blogspot.com/atom.xml. Otherwise, simply check out the site in the morning and/or evening (or as often as you like) as I promise to do my best to have relevant material up for you to see. Also, if you have suggestions about other blogs that are missing from my list of links, please let me know. As always, feel free to comment on anything that strikes you.

So, for those of you who need to have a moment, take a look at some of the most recent original content that’s been posted since the new email policy went into effect:

Possible GOP Grumbling Over Viola Baskerville’s nomination to the Kaine Administration

Brad Marrs’ Attack on the Richmond Times-Dispatch

By Conaway Haskins

There are murmurs that yet another of Gov. Kaine’s choices for cabinet secretaries may become the focal point of a showdown between the new governor and his Republican opponents in the legislature. Earlier this month, word spread in the mainstream media and blogosphere that Republicans in the General Assembly and the business community were up in arms about the nomination of Virginia AFL-CIO chief Daniel LeBlanc to become Secretary of the Commonwealth. Now, the Bearing Drift blog (hat tip: Commonwealth Conservative) out of Tidewater has offered another possible point of contention between Kaine and GOP legislators. In a post titled “Honeymoon’s Over: Showdown between General Assembly and Governor looming over appointments,” writer J.R. asserts

“Of additional concern is the appointment of former state delegate and candidate for Lt. Governor, Viola Baskerville, to Secretary of Administration. Last June, Washington Post writer, Melanie Scarborough described Baskerville as, ‘a principled liberal who does not try to cloak her views.’” The noted blogger also held that, “Republicans are concerned that the prospective secretary will use that [liberal] agenda when determining public/private partnership and negotiating contracts on behalf of the Commonwealth.”

Bearing Drift is among the more reputable sources of information among bloggers, and this post was highlighted by two leading conservative voices in the blogging community, Chad Dotson and Norm Leahy. That Bearing Drift writers picked up on this story indicates that some grumbling about Baskerville is occurring somewhere among Republicans. Still, it remains to be seen how widespread sentiment is against her.

Trained as a lawyer, and with experience running small businesses, Baskerville served on Richmond’s city council and rose to the position of vice mayor before running and winning a seat in the House of Delegates. Considered a rising star in the Democratic Party, she is known as an advocate for small, women-owned and minority-owned businesses, particularly with respect to state government contracting opportunities. She was also a strong advocate for children and family issues, such as education and health care. She ran for the Democratic nomination for Lt. Gov in 2005 and came in second to Leslie Byrne in a four-way contest, raising over $300,000 in the process.

As of this writing, the mainstream media has yet to pick up on the issue of Republican dissension to her nomination. Among Democrats, reaction to possible GOP opposition has also been muted, yet concerned. Says one Democratic source, “I saw the huffing and puffing. I don’t really understand where it’s [the opposition] coming from…even Melanie Scarborough called her a class act…I don’t think that the rumors are very serious.”

In some corners of Virginia’s Republican Party, there is on-the-record support for the Baskerville nomination. Don Scoggins, a leading black Republican and head of the Northern Virginia-based Frederick Douglass Republican Forum says, “Despite her apparent liberalism I endorse Mrs. Viola Baskerville’s appointment to the Kaine cabinet as Secretary of Administration as I am passionate about opening up the current arcane access to state contracts.” Scoggins, who is also involved with Republicans for Black Empowerment went further to say, “Mrs. Baskerville made bringing equality of this process the hallmark of her campaign for the Democratic nomination for Lieutenant Governor. What better way to reduce government dependency among minorities than by encouraging the creation and growth of their small businesses? Cracking the ‘old boys network’ of government contracting will certainly go a long ways to realize this worthy goal.”

While it is well-established that Gov. Kaine is a left-of-center politician, his nomination of Mrs. Baskerville should come as no surprise to anyone with a pulse. At the same time, having won handily over Jerry Kilgore in the Fall, Gov. Kaine is entitled to appoint his supporters and friends to positions. After all, this is in keeping with the grand traditions of Virginia politics where ideology has not much mattered for most cabinent-level appointments. During the Gilmore and Allen Administration, notable conservatives such as Kay Coles James and Claude Allen were ultimately confirmed. Democrats were rightly concerned with how such conservative ideologues would run state agencies, yet they let the appointments stand. Thus, it is unusual that Republicans would make such a fuss over the prospect of Baskerville - a long-time friend of Kaine who is not known for ideological rigidity - as Secretary of Administration.

It is worth mentioning that Mrs. Baskerville is the lone African-American woman slated to run a cabinet agency under the new Governor. A very dedicated and hard-working public servant, she brings a unique perspective to the secretariat. Without doubt, her experiences as an attorney, businesswomean, councilwoman, and state delegate leave her more than qualified to oversee such a bureaucracy. While it is understandable for Republicans to wish for a more conservative choice, the reality is that Kaine won, and as such, he has the right to pick his own people.

Additionally, opposing her nomination is not without peril for the Republicans. Essentially, those who oppose her have the Herculean task of proving that she is a bad choice for the position. To me, this is nearly impossible as she is a wonderful choice for this job. Thus, if they cast aside her obvious merits and go against her, Republicans must deal with a few prickly political questions.

They have to determine whether it is worth opposing a qualified black woman simply to send a message to a governor whom they feel is too “liberal,” while letting nominations of other like-minded white candidates stand. In making Baskerville – a high-profile politician among black Virginians - the scapegoat, they have to size up whether this nullifies their stated goal of reaching out to minorities and improving their party’s image among blacks, specifically. Finally, the must also consider the message such opposition sends to women and girls around the Commonwealth that a woman of Baskerville’s caliber and credentials is not fit for the position.

Cutting down Viola Baskerville is uncalled for, and it should come with a political price. She has earned the position, and the Governor has earned the right to have her on his team. As such, Republicans in the General Assembly should move forward and confirm Viola Baskerville as Virginia’s next Secretary of Administration.

Saturday’s Richmond Times-Dispatch announced the hiring of Earl Granger III, a Richmond native and high-level admissions officer at UNC-CH’s Kenan-Flagler Business School, by William & Mary as the new Associate Provost for Enrollment. A talented guy who did stints at Tufts University and William & Mary, he is returning to his alma mater under the leadership of new president Gene Nichol.

I did not attended William & Mary myself, thus I have no vested interest in their success on the surface. However, I did attend UNC-CH for grad school, and though I was in another department, I had several occasions to interact with Granger when I took cross-listed classes in the business school under several faculty members. He was a very popular guy around campus, incredibly accessible to students even after their admission, and he always made himself available to anyone considering Kenan-Flagler. Thus, I saw firsthand the kinds of attributes that made him such an attractive candidate to W&M.

Beyond his professional credentials, I can attest first-hand that Earl is a great guy, in general. He’s very close to some people that I’m close to, and I got a chance to know him several years back (before UNC-CH). So, I admit to being biased. Earl is one of those rare people who can find common ground with nearly anyone, and given that diversity looks to be a focal point of his tenure, that will come in handy. He has the unique ability to make the case that diversity is, and should be a goal of higher education institutions, and that engaging in activities to diversify can be accomplished without having to sacrifice anything in the way of quality or merit.

Thus, I congratulate Earl on returning to help grow his alma mater into the future. It’s a great opportunity, and he deserves it wholeheartedly. More importantly, I congratulate W&M on having the foresight to bring back one of its own, someone who was successful at other great institutions, to help shape its destiny. This looks like a win-win for all, and I know that his friends and family will be happy that he’s working and playing a little closer to home.

Because the goal of this blog is to also discuss life & cultural issues, and because I love getting marital brownie points, from time to time, South of the James with feature food and arts reviews from Get Out There, Richmond! As most readers know, that is my wife’s blog, and she’s doing something quite different than the mostly-political blog that I do, which should please some folks.

At any rate, this week, she’s reviewed two Chesterfield establishments, Pescados in Midlothian and Jack’s in the emerging Swift Creek/Hull Street corridor. On a personal note, Pescado’s is hands-down one of my favorite restaurants in the region. Correction, Pescados is one of the best restaurants that I have EVER been to (and I love to eat). Anyone who’s been to the Midlothian gem would concur. Jack’s is the new kid on the block, literally, having just opened up New Years weekend. They’re still working out the kinks, but in time, I’m confident that they will dazzle diners in Western Chesterfield’s hottest residential corridor. I’ll be doing plenty of research in the months to come just to be certain!

Anyway, don’t take my word for it - take my wife’s!

Happy eating!