The Future Land Use Map and How to Abuse It.

Okay, I’ve done enough dancing around the subject of the Future Land Use Map. I’ve been nice, waiting to see what would be said or done. In the meantime, I’ve been reviewing, reviewing, and reviewing just to verify what I had found. A quick review of the Planning Commission and Town Council Minutes from 2006 through the current minutes provided 67 different references to the Future Land Use Map as being the crucial component of Rezoning requests (but, I haven’t finished looking and some of those references were for the same rezoning request, AND roughly 75% of the Planning Commission Meeting Minutes for that time period are still missing, resulting in a very conservative count of 67).

Well, unfortunately, the Future Land Use Map vanished from the State Codes in 2006. It is no longer part of the legal criteria of a Comprehensive Plan. Since the State Code does not prevent the Town from adding other things to its plan, it can still be added, but should NOT be the determining factor in land use decisions. See the State Code 15.2-2223. At the bottom of the entry you will see some years with some numbers behind them, these are the changes that have occurred and you can see the actual bills and how they were modified before being turned into the final product at the main Code link.

Interestingly, the Comprehensive Plan is set to be reviewed every 5 years and revised at 10 year intervals. On April 16, 2007, the Planning Commission (Steven Simmons, Wayne Booth, Michael Byrd, Craig Moore, Bob Poff, James Vanhoozier, and Lance Terpenny, Ann Carter was absent), conducted a formal Review of the Comprehensive Plan. Mr. Terpenny reported that the review was required by law to be held every five years and that new VDOT regulations would have to be incorporated after July 1, 2007. He further added that the last update to the Comprehensive Plan was in 2003. Mr. Terpenny recommended that if there are no drastic changes to be made, they should wait until the next major update for changes. (That would have been 5 years later, in 2013.) Approval to accept the Comprehensive Plan without any changes passed with a vote of 6 yes and 0 nays.

If you went to the State Code link above, you will find these additions (additions are in italics):

2005: (to be implemented by July 1, 2008)

• (para. 2) In the preparation of a comprehensive plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and trends of growth, and of the probable future requirements of its territory and inhabitants. The comprehensive plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants, including the elderly and persons with disabilities.
• 1. The designation of areas for various types of public and private development and use, such as different kinds of residential, including age-restricted, housing,; business,; industrial,; agricultural,; mineral resources,; conservation,; recreation,; public service,; flood plain and drainage,; and other areas;
• 2. The designation of a system of community service facilities such as parks, forests, schools, playgrounds, public buildings and institutions, hospitals, nursing homes, assisted living facilities, community centers, waterworks, sewage disposal or waste disposal areas, and the like;

2006: (Effective on July 1, 2007)

• § 15.2-2222.1. Coordination of state and local transportation planning.
  • A. Prior to adoption of any comprehensive plan pursuant to § 15.2-2223, any part of a comprehensive plan pursuant to § 15.2-2228, or any amendment to any comprehensive plan as described in § 15.2-2229, the locality shall submit such plan or amendment to the Department of Transportation for review and comment if the plan or amendment will substantially affect transportation on state controlled highways as defined by regulations promulgated by the Department. The Department’s comments on the proposed plan or amendment shall relate to plans and capacities for construction of transportation facilities affected by the proposal. Within 30 days of receipt of such proposed plan or amendment, the Department may request, and the locality shall agree to, a meeting between the Department and the local planning commission or other agent to discuss the plan or amendment, which discussions shall continue as long as the participants may deem them useful. The Department shall make written comments within 90 days after receipt of the plan or amendment, or by such later deadline as may be agreed to by the parties in the discussions.
  • B. Upon submission to, or initiation by,  a locality of a proposed rezoning under § 15.2-2286, 15.2-2297, 15.2-2298, or 15.2-2303, the locality shall submit the proposal to the Department of Transportation within 10 business days of receipt thereof if the proposal will substantially affect transportation on state-controlled highways. Such application shall include a traffic impact statement if required by local ordinance or pursuant to regulations promulgated by the Department. Within 45 days of its receipt of such traffic impact statement, the Department shall either (i) provide written comment on the proposed rezoning to the locality, or (ii) schedule a meeting, to be held within 60 days of its receipt of the proposal, with the local planning commission or other agent and the rezoning applicant to discuss potential modifications to the proposal to address any concerns or deficiencies. The Department’s comments on the proposed rezoning shall be based upon the comprehensive plan, regulations and guidelines of the Department, engineering and design considerations, any adopted regional or statewide plans and short and long term traffic impacts on and off site. The Department shall complete its initial review of the rezoning proposal within 45 days,  and its final review within 120 days, after it receives the rezoning  proposal from the locality.
  • C. When a locality receives a subdivision plat pursuant to § 15.2-2258 or 15.2-2260, or a site plan or plan of development pursuant to subdivision A 8 of § 15.2-2286, the locality shall submit such plat or plan to the Department of Transportation in accordance with § 15.2-2260 within 10 business days if the plat or plan substantially affects transportation on state-controlled highways as defined by regulations promulgated by the Department.  Such plat or plan shall include supplemental traffic analysis if required by local ordinance or resolution or pursuant to regulations promulgated by the Department.  Within 30 days of its receipt of such plat or plan, the Department shall either (i) provide written comment on the plat or plan, or (ii) schedule a meeting, to be held within 60 days of the Department’s receipt of the plat or plan, with members of the local planning commission or other agent of the locality to discuss potential modifications to the plat or plan to address any concerns or deficiencies. The Department’s comments on the plat or plan shall be based upon the comprehensive plan, regulations or guidelines of the Department, engineering and design considerations, any adopted statewide or regional plans and short and long term traffic impacts on and off site.  The Department shall complete its final review within 90 days after it receives such plat or plan from the locality. The submission of the application to the Department shall toll all times for local review set out in this article until the locality has received the Department’s final comments.
  • D. The review requirements set forth in this section shall be supplemental to, and shall not affect, any requirement for review by the Department of Transportation or the locality under any other provision of law. Nothing in this section shall be deemed to prohibit any additional consultations concerning land development or transportation facilities that may occur between the Department and localities as a result of existing or future administrative practice or procedure, or by mutual agreement.
  • E.  The Department shall impose fees and charges for the review of applications, plans and plats pursuant to paragraphs A, B, and C, and such fees and charges shall not exceed the actual cost to the Department, or $ 1,000, whichever is less, for each review.
• § 15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose.
  • The As part of the comprehensive plan, each locality shall include develop a transportation element plan that designates a system of transportation infrastructure needs and recommendations that may include the designation of new and expanded transportation facilities and that support the planned development of the territory covered by the plan and shall include, as appropriate, but not be limited to, roadways, bicycle accommodations, pedestrian accommodations, railways, bridges, waterways, airports, ports, and public transportation facilities. The plan should recognize and differentiate among a hierarchy of roads such as expressways, arterials, and collectors. The Virginia Department of Transportation shall, upon request, provide localities with technical assistance in preparing such transportation element plan.
  • The comprehensive plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each feature, including any road improvement and any transportation improvement, shown on the plan and shall indicate where existing lands or facilities are proposed to be extended, widened, removed, relocated, vacated, narrowed, abandoned, or changed in use as the case may be.
  • 1. The designation of areas for various types of public and private development and use, such as different kinds of residential, including age-restricted, housing; business; industrial; agricultural; mineral resources; conservation; active and passive recreation; public service; flood plain and drainage; and other areas;
  • 2. The designation of a system of community service facilities such as parks, sports playing fields, forests, schools, playgrounds, public buildings and institutions, hospitals, nursing homes, assisted living facilities, community centers, waterworks, sewage disposal or waste disposal areas, and the like;
  • 5. An official map, a A capital improvements program, a subdivision ordinance, a zoning ordinance and zoning district maps, mineral resource district maps and agricultural and forestal district maps, where applicable;
  • The plan shall include: a map that shall show road improvements and transportation improvements, including the cost estimates of such road and transportation improvements as available from the Virginia Department of Transportation, taking into account the current and future needs of residents in the locality while considering the current and future needs of the planning district within which the locality is situated.
• § 15.2-2224. Surveys and studies to be made in preparation of plan; implementation of plan.
  • 1. Use of land, preservation of agricultural and forestal land, production of food and fiber, characteristics and conditions of existing development, trends of growth or changes, natural resources, historic areas, ground water, surface water, geologic factors, population factors, employment, environmental and economic factors, existing public facilities, drainage, flood control and flood damage prevention measures, road improvements, and any estimated cost thereof, transportation facilities, transportation improvements, and any cost thereof, the need for affordable housing in both the locality and planning district within which it is situated, and any other matters relating to the subject matter and general purposes of the comprehensive plan.
  • 1. An official map;
  • 2. A capital improvements program;
  • 3. A subdivision ordinance;
  • 4. A zoning ordinance and zoning district maps; and
  • 5. A mineral resource map.; and
  • 6. A recreation and sports resource map.

I know this seems long, but it is a whole heck of a lot shorter than what I’ve gone through in researching this issue.

Suffice it to say that in 2008, the Planning Commission probably should have done a review that included looking at the State Code changes. And, based upon the fore knowledge that was available concerning significant changes in making land use decision, the resources and surveys that are required, and the ones that are not even considered any more (i.e., the Future Land Use Map), perhaps, just perhaps, they should have updated their Comprehensive Plan at that time rather than postponing it until 2013.

Perhaps some of the decisions that have been made based upon the “Future Land Use Map” would have been different if these newer standards had been applied. Additionally, the State Code clearly shows that the official map (aka the Future Land Use Map), capital improvements program, subdivision ordinance, zoning ordinance and zoning district maps, mineral resource maps, recreation and sports resource map, and map of dam break inundation zones, along with any other IMPLEMENTATION methods are simply some of the tools used to make the goals of the comprehensive plan clear. They are NOT the plan, and in fact, should be developed after the plan is written. None of those should be the criteria for determining the appropriateness of a rezoning. Instead, it is the comprehensive plan itself that rezoning decision should be based upon.

But, as one Planning Commission member recently told me we don’t have any problem with any of our stuff being out-of-date. Maybe he’s right. After all, he’s the professional, I’m just a silly gray-haired ignorant old lady who just happens to be able to read.

Perhaps the next time the Comprehensive Plan Process calls for citizen input, more citizens will show up and participate.

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