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Board approves Westwood Park rezoning with affordable units and stormwater proffers after lengthy debate
Summary
The Board of Supervisors approved rezoning of the Westwood Park site to a planned residential development with 139 units — 16% at 80% AMI and 4% at 60% AMI — and a $225,000 proffer for Powhatan Creek stream restoration, after debate over environmental impacts, emergency access and sewer capacity.
The James City County Board of Supervisors voted to approve a rezoning for Westwood Park, a 79.56‑acre planned residential development that will include up to 139 housing units, roughly 24,000 square feet of commercial space and proffers intended to address stormwater and affordability.
Morgan Reisinger, planning staff, summarized the revised application and related proffers, including a $225,000 cash contribution toward stream restoration in the Powhatan Creek watershed, a master stormwater plan with 100‑year post‑development criteria and a Powhatan Creek protection area preserved as natural open space. The proposal also includes 16% of units offered at 80% of area median income (AMI) and 4% at 60% AMI, and expanded buffers along the Charlotte Park boundary.
The Planning Commission had recommended denial of an earlier version of the project by a 5–1 vote, citing concerns about cumulative environmental impacts in the Powhatan Creek subwatershed and the project’s consistency with the mixed‑use level 1 designation. Planning staff and the applicant said changes since that meeting — reduced density, a proffered stream restoration contribution and stronger stormwater commitments — addressed many commission concerns.
Applicant representatives described design changes, reduced unit counts and expanded buffers. Vernon Getty, representing the applicant ABVA Development, said the reduced unit total and proffers created a proposal that “meets the comprehensive plan guidance, addresses stormwater and includes affordable housing above plan guidance.” He noted proffers to provide a master utilities plan, phasing, design guidelines and an emergency vehicle access that does not connect to Olive Drive.
Supporters and opponents spoke during the hearing. Several residents and a mortgage‑bank representative said the project could increase attainable housing and support local businesses; other speakers and the Friends of Powhatan Creek urged stronger cumulative stormwater mitigation and questioned whether the proffered funds and grants would be sufficient to restore the watershed. A resident asked whether the $225,000 proffer is contingent on securing additional grants and warned the county could be left with costs if other funding sources do not materialize.
Board members weighed the pros and cons. Supervisors who favored approval pointed to the reduced density, the additional affordable units, and proffers that require a stormwater master plan reviewed by county staff prior to development. Those expressing reservations highlighted Powhatan Creek’s degraded condition, the subwatershed’s non‑supporting status, and ongoing regional sewer and stormwater capacity constraints. Supervisors discussed emergency access and interconnectivity; the applicant retained an emergency vehicle access but removed a full public entrance at Olive Drive to address neighboring concerns.
On balance, a majority supported approval after the applicant added two additional proffers and design commitments. The motion to approve the rezoning with the added proffers passed by roll call (aye: Wainwright, Larson, McLennan; no: Snow, Eisenhower).
