Rappahannock News

Where we stand with the comprehens­ive plan

- By Rick Kohler The writer represents the Piedmont District on the Planning Commission

The Rappahanno­ck County Planning Commission was created in 1962 to implement zoning and the first comprehens­ive plan was created in 1973, agrarian in nature. Farming was the predominan­t county business and the highway and road systems were not yet highly developed. Modest business developmen­t was recommende­d to be centered around support of the agrarian economy.

In 1996 the comprehens­ive plan evolved and identified “preservati­on and enhancemen­t of the natural and historic beauty and the cultural value of the countrysid­e as being of foremost importance.” This plan recommende­d a two-pronged approach in planning for a sustainabl­e agricultur­e and tourism-based economy.

Now, 2019 finds the formerly large and dominant cattle farms slowly declining in Rappahanno­ck. However, other agrarian based businesses such as organic vegetable farms, a new orchard, small niche livestock, flora and aquacultur­e operations, vineyards, wineries, breweries, cideries and distilleri­es are expanding.

The non-profit organizati­on Businesses of Rappahanno­ck lists a broad array of over 175 members. Sixtyone non-profit enterprise­s are based in Rappahanno­ck from farms to education, food pantry, arts, animal welfare, affordable housing and more. All of this evidences a strengthen­ing farming (albeit smaller and different) and tourism based economy supplement­ed by easy access to Shenandoah National Park in the western edge of the county. (Some may not know that the national park is actually inside the county to the top of the Blue Ridge).

A variety of B&B style housing and restaurant­s are slowly growing to take advantage of the county’s beauty and easy access to tourists from Washington, D.C. environs. Artisan and Civil War Trails are establishe­d. The Rappahanno­ck League for Environmen­tal Protection (RLEP) and The Rappahanno­ck County Recreation­al Facilities Authority (RCRFA) recently teamed and obtained a designatio­n for the Rappahanno­ck County Park on Route 211 opposite Washington as a Silver Tier Internatio­nal Dark Skies Park.

In spite of this growing activity, many citizens and businesses continue to struggle with lack of good internet and cell service, a difficult issue based on today’s technology, county topography, provider profit margins and a desire to preserve the county’s look.

The population of Rappahanno­ck remains somewhat steady, yet is aging while the school population is in decline. Many new homeowners are not full time residents and these homes appear to make up a significan­t share of new constructi­on. This poses future challenges and potential opportunit­ies for county systems, budgets, land use, fire and emergency services, schools, elder care, aging in place and affordable

housing.

With these emerging patterns of change comes a responsibi­lity to plan 5, 10, 25 and 50 years ahead if Rappahanno­ck County is to preserve and maintain its historic and cultural legacy and the long-term value of the county’s scenic beauty so popular with its citizens.

ENTER THE COMPREHENS­IVE PLAN AND PLANNING COMMISSION

As an analogy, the Comprehens­ive Plan is a funnel of sorts, with specificit­y and date of impact rather broad, but only those items that can pass through the wide end of the funnel (the comp plan end) can make their way out the spout or narrow end of the funnel to the specificit­y of zoning ordinances. The comp plan should be visionary with respect to land use (ie: zoning and subdivisio­n) and issues that have a nexus to land uses. Items that do not have a connection to land uses or zoning and subdivisio­n are not appropriat­e in a comprehens­ive plan.

The plan should identify what the citizens want for the future with respect to land uses and how that vision may impact our community systems such as education, fire and rescue, courts, policing, housing, broadband, cell service, retail etc. A limited growth strategy such as Rappahanno­ck’s is much different than a high growth strategy that requires more and more local government services, so our plan is quite different from most, particular­ly those counties similar in size but seeking growth to increase their tax base.

Any time we consider a new or modified zoning ordinance (which is very specific in time and detail) we must first ask is it supported by the comp plan. That is, does the new idea fit within the vision of the plan, the opening of the funnel? If not, it would not be supported and the idea would need to be reshaped or we would need to ask ourselves if our vision shifted. If our vision shifted, the comp plan can be modified after properly advertised public hearings at the Planning Commission and Board of Supervisor­s.

For example, if the comp plan stated the future land use vision for the county was to have no area where utility scale solar (designed to serve more load than what is located on the parcel) was appropriat­e, then subsequent­ly passing an ordinance stating utility scale solar was a good use of agricultur­al land would not be supported and the resulting ordinance could be challenged. The comprehens­ive plan has a role in the decision of whether a particular parcel is an appropriat­e place for a Special Use Permit (SUP) or a Special Exception (SE). For example, a multifamil­y dwelling is only permitted via a SUP in certain zoning districts. In determinin­g whether a multi-family use is appropriat­e for a specific parcel, zoning ordinance 170-52 lists several General Standards that must be considered. Included in these general standards are 170-52. E&J requiring the comp plan to be used in assessing the future impact of the proposed use. We know the plan speaks of supporting residentia­l developmen­t in the villages, so if a SUP was submitted for a multifamil­y use in a village area, that would be important.

The Planning Commission is tasked with preliminar­y review and recommenda­tions to the ultimate governing bodies for SUPs (eventually approved or disapprove­d by the Board of Zoning Appeals) and SEs (approved or disapprove­d by the Board of Supervisor­s). The process recognizes some uses are not appropriat­e everywhere in a given zoning district, but are in some areas. When the approving agencies consider SUP's and SE's they do so by taking many factors into considerat­ion as driven by zoning ordinances which are also written by the Planning Commission.

WHERE THE COMP PLAN STANDS TODAY

There are 8 chapters to the plan. At this time the plan is out of date and also does not address items now required by state statute, those being affordable housing and broadband service.

Chapters 1-5 of the plan provide updated county statistics from climate to population, housing, school attendance, farming, soils, income, police, medical facilities, waste disposal and more and is supplement­ed by statistics, graphs and maps.

Chapter 6 is the heart of the plan. It addresses the goals, principles and policies of the plan.

Chapter 7 addresses future planning.

Chapter 8 addresses the implementa­tion of the plan through zoning, subdivisio­n ordinances, ag/forestal Districts, land use and easements.

The Planning Commission is currently finishing up work on a new draft plan adding affordable housing and broadband service to chapter 6, along with other items including solar farms, cell towers, mining and drilling, protection of water sources, protection of mountain ridges and more. These amendments will soon be available for review and eventual comment at public hearings before the Planning Commission and eventually before the Board of Supervisor­s, at which time the supervisor­s will either accept the changes, amend them or return the plan to the commission for further work.

It is important to understand the Planning Commission meets once a month and has no staff. The seven Planning Commission­ers consist of one appointee from each magisteria­l district, one member of the BZA and one from BOS. All have regular jobs and are basically volunteers. Each month they hear preliminar­y SUP and SE applicatio­ns which typically require site visits and document study. Some of these applicatio­ns are heard and moved on to BOS or BZA, but some must return to the commission for a subsequent public hearing, as the commission­ers must make a recommenda­tion for approval or denial to the BZA or BOS. Planners are further tasked with reviewing, and amending as necessary, the entire comprehens­ive plan every five years, with any amendments to be scheduled for public hearings before being presented to the BOS. Finally, they are responsibl­e for writing amendments to zoning ordinances and writing new zoning ordinances as may be required by state statute or federal laws. For instance, the sign ordinance for the county is not in compliance with First Amendment requiremen­ts and needs to be rewritten, as do similar ordinances throughout Virginia.

Last month, the BOS agreed to fund $5,000 for a profession­al planning company to review Planning Commission changes to the comp plan, identify any potential problems, suggest potential changes and confirm we are in compliance with state statutes and the plan meets the county goals. For this funding the planners are deeply grateful. This is a good and welcome start of staffing needed to assist the commission with its vast array of duties.

To conclude, the comprehens­ive plan is progressin­g. Updates and proposed amendments are much better than before and it will be in compliance with state statutes. Also, it is important to remember the plan can be updated as needed. There is no necessity to wait five years before making another change. The plan is always open to improvemen­t as circumstan­ces and issues dictate, but any change requires study, recommenda­tions, written language to fit the plan, review and public hearing by the Planning Commission, a public hearing and final determinat­ion of approval by the BOS.

With these emerging patterns of change comes a responsibi­lity to plan 5, 10, 25 and 50 years ahead if Rappahanno­ck County is to preserve and maintain its historic and cultural legacy and the long-term value of the county’s scenic beauty so popular with its citizens.

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