I recently had a conversation with Mr. E. Phillip Hickman, Chairman of the Accomack County Planning Commission. I wanted to know the same thing everyone wants to know after a long journey – “Are we there yet with the new comprehensive plan?” Mr. Hickman said the Planning Commission, Planning Department staff, and consultants have made tremendous progress in the last year, from a first draft that could be called, “a plan to develop the County”, to this second draft which is more like a “ plan to protect Accomack County”. This draft comprehensive plan has now been sent to the County Board of Supervisors.

Wholesale re-zoning, not going to happen

I asked Mr. Hickman what was the main difference between this plan and the existing one? In his opinion, this plan takes a new approach to development in the County. Mr. Hickman describes this as a more flexible approach that will allow the Planning Commission and Supervisors to make wiser decisions about growth, where is should be, and how the negative impacts of growth and development can be mitigated. As opposed to the conventional practice of recommending a once-for-all re-zoning of the entire County, the plan recommends no rezoning or change of land values and rights at the outset. Rather, it designates areas for growth and development that are consistent with a list of objectives and constraints that define “smart growth”.

For example, if a proposed development is within an area designated on the comprehensive plan land use map as a rural settlement area, then the developer could request a re-zoning from agricultural to rural settlement with an allowable increase in density from one dwelling per five acres to one dwelling per two or three acres on average. People could own a horse or chickens in this area. If the proposed development is located in an area designated in the land use map as residential, then the allowable density would be one dwelling per acre, on average. In the new comprehensive plan, rural settlement areas and residential areas are found next to existing hamlets, villages and towns, where development has already occurred. In this way the new comprehensive plan is designed to channel growth to areas that are, “the most desirable locations for various types of future development (Comprehensive plan Chapter 6, p.12).” The higher densities allowed around existing settlements will, “provide additional sites for affordable housing in existing residential communities (Comprehensive plan, Chapter 5, p. 4).”

How will re-zoning happen?

So, how will the Planning Commission decide whether to recommend that a re-zoning request be approved by the Board of Supervisors? This is the most important improvement in this comprehensive plan over what we have now, according to Mr. Hickman. This new comprehensive plan outlines a variety of criteria that must be considered in order to approve a rezoning from, for example, agricultural to rural settlement, and these criteria are spelled out in Chapter 6 of the plan. The Planning Commission will look at each of the criteria that must be met in order to recommend a re-zoning. These include: whether the location is consistent with the land use map designation, the supply of land in that zone relative to projected demand, compatibility with adjacent uses, the capacity of public services such as schools, parks, water treatment, etc, the ability to address environmental impacts, whether the applicant’s proffers can address the environmental impacts, whether there is already a sufficient amount of land approved for the proposed use, the proposed density of the site, and the effect that the proposed use would have on the overall land use mix in the area.

In a departure from the current situation, the Planning Commission would now be able to accept proffers to mitigate negative environmental impacts or to enhance public services like parks or school capacity. Once the County completes a transportation needs assessment, it will have the authority, under Virginia law, to tax developers to fund road improvements on secondary roads. Thus, each development must comply with a more complete set of constraints and, in return, there will be higher densities allowed around existing settlements.

Family subdivisions preserved

I asked Mr. Hickman if families would still be allowed to have the right to have family members build homes on family-owned farms. “Yes”, was the answer, “the plan makes no changes to the rights of families to subdivide ¾ acre parcels for family members.” In an effort to encourage families to preserve as much land in agriculture, the comprehensive plan recommends that land use taxation be preserved. This new comprehensive plan, however, adds a further incentive to preserve open space by preserving and extending the concept of the use-value land taxation by recommending a increasing scale of real estate tax deferral for agricultural and forestall district land owners who are committed to keeping their property in agriculture or forest use for longer periods.

Diversity in housing types and costs encouraged

The new comprehensive plan includes the notion of a Planned Unit Development, PUD, that would be allowed only or around existing villages and towns which have central water and sewer services. A PUD would be a self contained community in the sense that it would have mixed uses with some small businesses, streetscapes with narrow interconnected streets, pedestrian walkways, and civic sites including small parks and institutional uses. It would also have a wide variety of housing types, sizes and costs.

So, are we there yet? Mr. Hickman, is modest about the accomplishments of the Planning Commission and the County planning staff and consultants. “While we could probably tweak the thing for years, the net result is a major leap forward for the County”, he said. What are some open issues? Mr. Hickman cites the conflict between development and preserving ground water recharge along the aquifer recharge spine as an issue for which there is no cut and dried solution. Some criteria needs to be found to direct development away from the most critical areas for recharge within this spine. The answer probably lies in using topographic indicators of recharge importance on a case by case basis. Longer term, the County should complete an overlay map showing gradations of recharge criticality within the overall recharge spine on the currently proposed land use map.

These are a few of the ways the new comprehensive plan sets the stage for smart growth ordinances. According to Mr. Hickman, it is time to move on to implementing its recommendations in County ordinances. Citizens should plan to attend the upcoming public hearings when they are announced.

Tony Picardi
Belle Haven