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Sunday, February 01, 2009

Franklin County reconsiders hodgepodge land use

Four of Franklin County's districts are governed by a zoning ordinance, but the other three are not.

It's been more than 20 years since the Franklin County Board of Supervisors' "gentleman's agreement" allowed for the unusual arrangement of hodgepodge land-use zoning.

Four of the county's magisterial districts are governed by a county zoning ordinance and three are not. It has been the only county in the state with such a distinction. A few other counties have no zoning at all.

Over the years, the issue has re-emerged in Franklin County, often with impassioned discussions. But the gentlemen's agreement -- based at least in part on which politicians liked zoning and which ones saw it as governmental intrusion -- has stood even as the membership of the board has changed. Essentially, the districts with the most development -- those bordering or near Smith Mountain Lake and in the county's center of Rocky Mount -- are zoned. The county's most rural and more topographically challenging districts are not.

Now, in light of increased development in the county, its leaders are considering a comprehensive update of both the zoning and subdivision ordinances.

The board of supervisors met Tuesday with the Franklin County Planning Commission as a first step, to begin discussing issues and concerns related to the zoning ordinance and what changes might need to be made.

"The goal wasn't to answer questions or get a consensus," said Neil Holthouser, the county's director of planning and community development. It was to "turn our brains on to think of the nuts and bolts of planning."

Soon, the county will hire an outside consultant to work with planning staff to revise the ordinances.

The hodgepodge zoning issue has been part of the discussion.

In an exercise during the meeting, each person in attendance was asked to write down his or her issues or concerns with the ordinances. Potential countywide zoning ranked second in priority, behind the need for more restrictions on by-right residential development options. Other issues included the need for additional zoning categories and infrastructure expansion.

Re-examining the zoning ordinances is typical in many communities. It's a way of seeing if the ordinances are still working the way they're supposed to and if there are new needs that require changes, Holthouser said.

But anytime the county wades back into a zoning discussion, it's hard to ignore the fact that some Franklin County residents must adhere to zoning regulations and others do not.

In 1992, the supervisors contemplated zoning the three unzoned districts -- Blackwater, Snow Creek and Blue Ridge -- and came close to doing so. The threat of zoning resulted in hostile meetings and accusations that the board was going back on the gentlemen's agreement that promised not to zone areas unless residents requested it.

In 2006, then-Supervisor Charles Poindexter, who represented the Union Hall District, addressed the issue, saying he had received phone calls about countywide zoning.

At the time Poindexter, now a state delegate, said: "It makes sense since 89 out of 92 counties [in Virginia] have it."

Zoning the four districts that now have it -- Rocky Mount, Boone, Gills Creek and Union Hall -- in 1988 wasn't easy, Holthouser said. There was a lot of public participation as the supervisors allowed property owners to "color the map" and choose what they wanted their zoning designation to be, he said.

At that time, many chose an agricultural designation. But now much of that land is being used for residential development and might need a change in zoning.

"Certain parts of the county are pretty removed from growth and development pressures," Holthouser said, adding that zoning is considered protection and countywide zoning -- if it's ever accomplished -- would likely be a result of development pressures.

Gills Creek District Supervisor Russ Johnson said his intent in supporting a review of the ordinances is not to implement countywide zoning. Instead, he said he wants to make sure that the rules are clear and enforceable.

"Before we get countywide zoning, we need to get what is zoned under control," Snow Creek District Supervisor Leland Mitchell said.

The county is working through a process and may not know the outcome -- how much or how little will be changed -- until later, after research, said Holly Larson Lesko, a planning consultant from Blacksburg who led the discussion Tuesday night.

County Planning Commission Chairman David Wiseman suggested that if the county does take up the task of a comprehensive rezoning, it should consider creating many smaller zoning districts. That way, each area could have rules that are specific, he said.

"We should take into account that Boone's agricultural district might look different then a Blackwater agricultural district," he said. "It's tailoring as opposed to off the rack."

Many of the supervisors agreed that public participation is important in crafting the update.

"We need to make it easy for people to contribute, not just meetings," Boone District Supervisor David Hurt said. He suggested using surveys to gather comments.

That, among other things, will be a task for the consultant, Holthouser said.

Franklin County is not alone in its zoning overhaul. Bedford County is also taking a look at its zoning ordinances, precipitated by the adoption of its comprehensive plan and a need to address certain zoning issues, said Mary Zirkle, chief of planning in Bedford County.

Franklin County Supervisor Wayne Angell, who represents the Blackwater District, remembers the 1988 zoning process well. He warns of a tough road ahead.

"Everyone can be objective and participate" no matter their philosophy on zoning, he said. "This is going to be a long, hard process."

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