COMMENTARY:
Zoning Proposals Conflict with Comprehensive Plan
By JAY FORD
Executive Director
Virginia Eastern Shorekeeper
March 3, 2014
The Virginia Eastern Shorekeeper organization has expressed its concern to Northampton County officials over plans to overhaul the County zoning code. The County recently issued a statement by Economic Director Charles McSwain stating that “The proposed zoning code is consistent with the County’s adopted Comprehensive Plan.”
In fact, there are numerous conflicts with the Comprehensive Plan that would make this statement untrue. Furthermore, the County’s Planning Commission has not yet completed the five-year review of the Comprehensive Plan — nor have they held any hearings to present to the public any proposed changes to the existing Comprehensive Plan.
Virginia Eastern Shorekeeper is deeply concerned that measures put in place to ensure good governance and adequate opportunities for public participation are being clearly sidestepped to the detriment of Northampton citizens. The provision calling for the development of a comprehensive plan before adopting new zoning ordinances is just plain common sense. Before you take an axe to the zoning code, the County has a responsibility to lay out a road map for the future to justify those changes. Our concern is that officials are putting the cart before the horse, and in doing so they are putting the long term economic and environmental future of the county in danger.
The inversion of this process would set a dangerous precedent for a crucial duty of county governance and rob citizens of the invaluable input of their planning commissioners. After initial review with legal counsel, it is our opinion that the methodology being followed by Northampton County is clearly at odds with the intent of the law. The process has been far from transparent, having been conducted behind closed doors with special interests providing the sole input. Additionally, given that the Planning Commission is currently revising the Comprehensive Plan, Mr. McSwain’s written statement is not correct.
The people of Northampton deserve an answer as to why the process designed to safeguard citizen participation and the long term financial and environmental viability of their community is being subverted. We ask that county officials honor the intention of the code by allowing a Comprehensive Plan to be developed with adequate public comment before any discussion of drafting new ordinances begins. We look forward to a response from County officials and will continue to monitor this process in conjunction with legal advice.
CLICK HERE to sign a petition by Jay Ford to the County.
Submissions to COMMENTARY are welcome on any subject relevant to Cape Charles (and sometimes that’s a stretch). Opinions expressed are those of the writer and not necessarily of this publication.
I thought Eastern Shorekeeper was a 501(c)3 organization. If so, some other group should be threatening to sue the County and questioning its legislative authority for passage of local ordinances. This should be done by a group like “We Decide” back in 2000. Nevertheless, I agree that what is occurring with a new proposed zoning code is highly improper and prevents the citizens from their rightful representation in the process.
I was surprised to read the opinion that the updated zoning ordinance was perceived by some as cloaked in secrecy and not made available for review. I have been considering a project in Northampton County and as part of my due diligence looked into the allowed uses. The draft zoning ordinance has been online since at least September 2013. It took just a few minutes to find it and I have referred to it several times since then.
With all due respect, Ms. Campbell missed the point of the Shorekeeper’s article. If local residents didn’t know the zoning was being rewritten without them, why would they go looking for the paperwork? The point is — we who pay the taxes here, weren’t even aware it was being rewritten until it appeared on the county website as a whole new zoning code!
Possibly I failed to make my point! Not missed the point. We pay taxes on our home in Machipongo and were notified by mail some time ago about changes to the zoning map. This is why I have followed it online. From what I can tell, they have taken their time before codifying it to be sure it conforms with Commonwealth of Virginia directives. I think that is why some of the new standards are stricter than before, in order to align with the state. But I am not an attorney, it just looks as if that is why some provisions are tougher and why others are clearer.
Ms. Campbell — I think from your comments that you would be well served to get your attorney to help you understand some of the most basic issues and explain the changes to you before you begin your project. For you, I’m sure it would be money well spent. Of course you could scroll down two more articles to “Opponents Campaign Against County Zoning Proposals” and read the excellent explanation of changes, with page references, that may help clarify your thoughts, for no charge. Then consult your attorney, possibly for a lesser fee.
The comments indicate a misconception of the zoning process. The Virginia Code does not require that the zoning ordinance comform to the Comprehensive Plan, but only requires that in drafting a zoning ordinance, the Board give “reasonable consideration” to the Comprehensive Plan, as well as 12 other considerations. Here is the exact language of the Virginia Code:
§ 15.2-2284. Matters to be considered in drawing and applying zoning ordinances and districts.
Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the protection of life and property from impounding structure failures, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality.
Second, the zoning code can be amended at any time, and there is no statutory requirement that it be amended after the adoption of a Comprehensive Plan.
Third, the Board of Supervisors instructed the county staff, including the entire staff of the Department of Planning and Zoning as well as the county attorney, to draft a simpler code. The current code is over 450 pages long, while the proposed code is only 125 pages long.
The draft was added to the county website in October. Since then, the County’s Department of Planning and Zoning has held 4 public information sessions, 2 at the Occohannock Elementary School and 2 at Kiptopeake Elementary School where the staff was available to answer questions about the proposed draft, and people were invited to submit comment. None of these meetings were required by the Virginia Code. The Board of Supervisors has held 4 Public Meetings since the draft’s publication on the website where there is a public comment period and where anyone could speak about the code. The Planning Commission has also held 4 public meetings which also include a public comment period. So there have been 8 opportunities already where members of the public could provide comments to the BOS or PC. No one has appeared before the Planning Commission yet to provide comments. Also, since October, members of the public have been able to submit written comments on the proposed changes or send emails. In response to comments received, the staff has made a number of changes to the proposed ordinance. So there have been a number of opportunities for the public to comment, far more than required by the Virginia Code. On March 11, there will be a joint meeting of the Board of Supervisors and the Planning Commission to receive more public comments, and at each subsequent public meeting of both bodies, there will be additional opportunities during the public comment period.
The Board of Supervisors have made it clear by totally sidestepping the Planning Commission that as a citizen I would be hard pressed to go before the PC with feedback on the proposed zoning. So I’m not surprised the PC has not been inundated with speakers. It would be a waste of breath. I’m also not surprised that the proposed zoning document is shorter. When you promote an “anything goes” zoning text with no recourse for taxpayers to comment on what affects their property values and quality of life — oh, and eliminate the protections of the Chesapeake Bay Preservation Area on the entire seaside of Northampton County — well, yeah, you can say that in very short verse. A clear case of when size matters.
Many of us have been asleep at the wheel, myself included, and wrongly trusted officials to do the right thing. We are wide awake now.
Just for the record, Northampton County staff was woefully slow in updating the version of the proposed zoning amendments available on the county’s website; until well into January, the only draft posted was that dated November 2013. As Mr. Ward noted above, there were multiple changes made subsequent to that time, but who knew? The lack of transparency shown by the county has been notable at the least.