COMMENTARY
Buying Bank Building Out of Sync with Comprehensive Plan

By TIMOTHY J. KRAWCZEL

August 3, 2012

Local governments in Virginia can do only those things that the state code specifically enables them to do, and must do them according to the procedures outlined in the Code.

Virginia envisions that local governments will have robust land use planning programs as a linchpin, engaged citizens, and active civic discourse.

One way the law of Virginia prescribes to fulfill this purpose is to require each municipality to have a Comprehensive Plan for the future physical development of the jurisdiction, founded on careful study and public input.

“Good public policy is made after a careful review of facts and consideration of public opinion.”

The Code of Virginia also obligates public officials, such as Town Councils, to carefully consider the adopted Comprehensive Plan before making a land use decision.

The Code is specific:  Section 15.2-2232, Legal status of plan, stipulates that once a Town’s comprehensive plan has been approved and adopted, it shall control the general or approximate location, character and extent of each public facility . . . . Thereafter, unless a feature is already shown on the adopted master plan or part thereof , no park . . . or other public area, public building or public structure . . . whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. . . . 

On June 11, 2009, the Town Council adopted the Cape Charles Comprehensive Plan.

The most recent action of the Town Council to make a $20,000 non-refundable deposit to purchase the Bank of America building on Mason Avenue, considered in reference to the above mandates of the law, is a troubling and seemingly rash action by the Town to many observing citizens:

• By its action, the Town Council is clearly establishing or authorizing the former bank building as a public building or structure.
• Nowhere in the adopted Comprehensive Plan for the Town of Cape Charles is there any reference to the former Bank Building as a public building or structure.
• In no way has the Town Council referred the acquisition to the Planning Commission for deliberation or recommendation.

The adopted Plan makes no mention of the former Bank of America building as a public structure.  However, the Plan does include the following priorities:

• The Executive Summary, outlining priorities states: “First, and most important, are expanded water and wastewater treatment capacities.”  (p. 7) This policy is notable, as reports have it that the Town Council proposes to take funds earmarked for construction of water improvements — a new well — to pay for the acquisition of the bank building.

• The Land Use Framework states:  “The Employment layer represents areas for existing and new employment. These areas are located in the commercial districts including the Mason Avenue area. . . . These areas are prime locations for businesses and retail development. ” (p. 14)  Purchase of an existing commercial building not only removes the property from the tax rolls, it eliminates the building as a possible site for a future bank or commercial center.

• The policies to enhance the historic district state:  “Develop Central Park as an urban/civic amenity that provides a multipurpose space for town events and individual recreation.” (p. 26)  A Town Council intent to use the former bank building for a community center again ignores the stated policies of the Comprehensive Plan, which call for such multipurpose facilities to be located adjacent to Central Park — that is, in the old school building.

• The Economic Development Goals include the following:  “Recognize Mason Avenue as the center of retail activity and encourage new businesses.  Create an image of economic prosperity with historic renovations and eliminate blight.” (p.34)  This policy has no hint of intent of turning the most prominent commercial building on the street into public space.

Good public policy is made after a careful review of facts and consideration of public opinion.  The procedures prescribed in the Code of Virginia are not only laws governing the actions of the Town Council — they also give dignity and respect to the opinions of citizens.  The public interest is served by active public discourse, not by decisions made after secretive “group think” meetings that avoid, not solicit, public input.

Timothy J. Krawczel is a former Town Manager for the Town of Cape Charles.

Submissions to COMMENTARY are welcome on any subject relevant to Cape Charles. Shorter articles will be published as a Letter to the Editor.