Agenda - Planning Commission - 09/03/1996

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accordance with a comprehensive plan. Still, although the court must consider whether the restrictions imposed are in conformity with the Uses and zoning of nearby property, this showing is not neces~rily dispositive because zoning must "begin and end somewhere." (See Amalgamated Trust & Savings Bank v. County of Cook, 402 N.E.2d 719 (Ill. App. 1980).) Conclusion The requirement that.zoning be done in accordance with a comprehensive plan can be confusing because states have taken different approaches. Landowners and zoning officials need to determine the state law requirements by evaluating the state enabling act and judicial interpretations of the meaning of the term comprehensive prlan. The necessary degree of consistency will usually depend on whether the comprehensive plan is a compilation of plannir~g documents and policies or a separate, identifiable document, The latter, less frequent situation will demand more substaniial consistency, but this will likely be easier to determine where the plan has been reduced to written form. In most states, where a separate written plan is not mandatory and a locality has chosen not to enact such a plan, evaluating consistency will be more difficult, but strict consistency will not be required because the comprehensive plan is predominantly advisory. The plan's policies and goals are a guide to zoning decisions, but consistency is evaluated in light of several key factors, [ncluding reasoned forethought, advancement of the comprehensive plan's goals, adequate findings, and consideration of neighboring land uses. Virginia County Gears for Growth By Debra A. Schwartz Virginia's poorest county, Northampton, has rewritten its zoning ordinance in reaction to the threat of uncontrolled growth. The goals, consistent with its comprehensive plan, are unified development, cluster housing, community revitalization, and providing more residents with water and sewer services. Residents' concerns include a large marina proposed in the town of Cape Charles, the impact anticipated growth will have on water quality in W{llis Wharf, and protecting livelihoods and improving substandard housing throughout the county. Within the next 25 years, the county is facing upscale development expected to increase it~ population from 13,000 to 88,000. The focus is on Cape Charles, which has a deep-water port, one of Zoning News is a monthly newsletter published by the American Planning Association. Subscriptions are available for $$0 (U.S.) and $65 (foreign). Frank S. So, Executive Director} William R. Klein, Director of Research. Zoning News is produced at APA. Jim Schwab, Editor; Fay Dolnick, Scott Dvorak, Michelle Gregory, Sanjay Jeer, .Megan Lewis, Doug Martin, Marya Morris, Marry Roupe, Aaron Sheffey, L~aura Thompsoti, Reporters; Cynthia Cheski, Assistant Editor; Lisa Barton, Design and Production. Copyright ©1996 by American planning Association, 122 S. Michigan Ave., Suite 1600, Chicago, IL 60603. The Americun Planning Association has headquarters offices at 1776 Massachusetts Ave., N.W., Washington, DC 20036. All rights resepaed. No part ofthls publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the American Planning Association. Printed on recycled paper, induding 50-70% recycled fiber and lOVopostconsumer a~te. the first sustainable technology industrial parks in the country, and the county's only sewer system. The park--a federally supported experiment that includes a wildlife refuge--aims to entice recycling, solar technologies, and similar industries to a sustainable development zoning district, where no stormwater, sewage, or waste leaves the site. "It has blossomed to where we have established enterprise zones here, and we're looking into establishing a foreign trade zone here, too," says county planning and zoning director John Humphrey. In addition, over a 20-year period, 300 Section 8 residences will be built. Brown and Root plans to develop residences on its 1,700 acres recently annexed by Cape Charles and to expand the tiny local marina to 600 slips. There are doubters. Elizabeth Ballard, a retired Willis Wharf homemaker whose family is connected to one of the biggest aqua farms on the East Coast, fears anticipated growth will pollute drinking water and threaten oyster and dam farms. Many residents lack indoor plumbing, and most rely on septic systems because soils are highly permeable. "Whatever nitrogen there is from the septic systems tends to make its way quickly into the shallow aquifer 25 feet down, and we have a lot of attention being paid to cleaning the bay up," says county planning commission chairman Denard Spady. Existing zoning laws did not meet the more recent comprehen- sive plan's development objectives or account for the area's natural resources, Humphrey says. The new ordinance relaxes zoning in 47 villages in the county identified for open space districts, "to assist in providing affordable housing in the outlying areas and to identify community development areas," he says. In 1983, the county established standard zoning with typical segregation of commercial, residential, and agricultural uses. Prewar land-use patterns centralized 'homes, shops, churches, and schools and created small communities surrounded by land for agriculture and recreation. The proposed ordinance revives the older pattern by funneling growth into rural villages and four community development areas, each located on or near U.S. Route 13. Elected officials began rethinking this in the mid-1980s when big developers discovered the county's pristine waterfront. Then, one house was allowed on three-quarters of an acre. But increasing the minimum lot size to five acres caused farmers to subdivide their land so they could claim the grandfathered right to sell smaller lots when the change later became part of the Chesapeake Bay Act. "Ifa person is retired or poor, a five-acre lot can be hard to manage in terms of keeping everything up to par. So we realized a large lot wasn't going to work," Spady says. In most districts, the proposed ordinance allows one house on lots as small as a half-acre, except in the conservation district, which requires 50 acres. It generally specifies one residence per five acres throughout the county but allows developers to build a couple more if they plan clusters and leave most of the property as pervious open space. About half the width of the county on the Atlaniic side is tidal marsh outlined by barrier islands," Spady says. "That's the con- servation district. We're not talking about any significant upland areas. We are talking about very fragile, very mobile sand dunes." Nevertheless, Eastville Mayor Edgar Sturgis III says the proposed county ordinance is worse than the old one. "It's going to lock up land so that people here just can't afford a house," he says. He opposes both the conservation district and designated community development areas. "They are hurting the people," Sturgis says. Debts Schwartz is a j%elance writer in Highwood, fllinois.