HomeMy WebLinkAbout08 16 1945 PC MinutesALBEMARr E COUNTY PLANNING COMMISSION
MINUTES OF MEETING OF BOARD
August 16th, 1945
All members were present at this meeting with the exception of
Mrs. Gordon Smith. Mrs. Smith had requested that Mr. Larned Randolph
preside. Others attending the meeting were
Mr. John E. Mason, Bureau of Agricultural Economics,
Mr. Wm. Carper of State Planning Board,
Mr. Seth Burnley, City Planning Board,
Mr. Henry Haden,
Mr. Lynn Peterson, Chamber of Commerce,
Mr. F. L. Farris, Pres. of Real Estate Board,
Mr., Shoemake,
Mr. Wm. Stevens,
Mr. Barkley.
Mr. Randolph introduced Mr. Mason, and requested that Mr. Mason
tell us the proper proceedure to secure zoning laws for the County of
Albemarle. Since the building and operation of the U. S. Rubber Plant
at Scottsville, housing problems have arisen, and the owners of
residences in this section feel something should be done to protect
this area. Mr. Mason expressed the belief that zoning laws could be
used to advantage in this situation.
Mr. Mason stated the Bureau of Agricultural Economics is the
' principal bureau that conducts the research of economic and social nature
for the UQ,— tDepirtment of Agriculture, and an agency that conducts studies
on zoning. This has been done for some twelve or fifteen years. Strictly
rural zoning was first adopted in Oneida County, Wisconsin in 1968, and is
in effect in some thirty odd counties in Wisconsin, Minnesota, Michigan and
other States including Virginia.
That there is recognition in Virginia of the need for encouraging
better land use and more orderly land development is evidenced by
(1) the enactment of zoning legislation by the General Assembly during
the last few years, (2) the establishment of county and regional
planning commissions, (5) the development of master plans, and (4) the
ad6ption of county zoning ,ordinances.
What is zoning? It is the creation of districts in which the
uses of land and buildings are regulated by law for the purpose of pro—
moting health, safety, order, prosperity, the conservation of natural
resources, and the general welfare. It stabilizes real estate values and
prevents undesirable establishments in residential and rural areas.
It is the division of the county into districts where proposed uses are
rather homogeneous, industrial, residential, forestry, recreation, strips
along highways to protect for scenic beauty, all areas with restrictions
that are suitable to that locality. For airport districts, set up
regulations covering heights, etc. A general act is before the State
Legislature now so if airport districts are not established by the
counties, they will be zoned by the State.
What are some benefits to be derived from zoning? County
Zoning has been used in Wisconsin for a number of years. There are thirty
odd countiesthathave adopted county wide zoning ordinances. Chief
benefit has been in saving money for building roads to isolated families,
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closing out these areas, buying out properties, and thereby reducing
the costs of schools and roads. Zoning is espeially good in a ruaal
urban fringe if it is used there to guide the location of residences,
businesses, service stations, restaurants, locations of dance halls
and junk piles, etc. If it is used to guide the development of the
county in this fringe area, it will enhance and stabilize real estate
values. Similarly,-it'xill devaluate peoperty if dance halls or
junk hards are allowed to be placed in residential areas. Agricultural
land for farm areas can be protected by zoning. Some land in Fairfax
county has been taken out of agricultural use and subdivided for resi-
dential use.
The purpose of zoning is to probotb the general welfare
and prosperity of the whole county and community.
You can protect forrest lands for forrest uses, and in
this way prevent some of the fire areas. You can protect recreational
areas for recreational purposes. It is also beneficial to designate
places along the'highway for local business areas in order not to
have the highway cluttered up with every sort of business establishment
that might be jammed up against the right of way of the road. Buildings
along the highway might obstruct the vision and become a hazard to,
traffic. Eliminate all hazards possible.
Mr. Shoemake asked; "What is the proceedure to get things
r within zoning that you waist?" Mr. Mason answered that no zoning
ordinance that he had heard anything about makes any attempt to
do away with those places. Zoning ordinances cannot be made retroactive.
If any use of land or buildings do not conform with the provisions of
the ordinance or if it is discontinued for a year or some specified
time, any future use most conform with provision of the ordinance.
There is usually a clause providing for enlargement that will take
care of a reasonable enlargement. If place should burn or be
partially destroyed, even to 50 percent of assessed value, it can be
restored and use continued.
For a zoning law to be constitutional, it must be reasonable.
However, there is no zoning law that will not be unpleasant to some of
the people in a community.
How do you go about zoning a county? The General Assenbly
in 1958 adopted an enabling act authorizing any county to prepare and
adopt zoning ordinance. Who appoints that zoning committee? It is
• appointed by the County Planning Commission. The second step is the
collection of the economic, physic, and social date by the County
Planning Commission. This information is what is needed to decide
on what types of districts the county should be devided into. A soil
map published in 1940 might be of assistance as well as aerial photo
maps and topographical maps. If they are available, Sate Planning
Board and Federal Agencies will have these maps. It is helpful to
bring these maps together and see just what part of the county firms
a homogeneous unit. Dr. Young has made a land classification map of
Albemarle county. Distribution of pupulation might be shown on
highway map of the state. Maps showing waterways, publicly used lands,
forrest areas, etc. will be of assistance. The State Planning Board
is prepared to advise and help in getting any information they can.
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The third step is to get any information about the county that is
available, and this may mean that some original work has to be done.
The County Planning Commission will then have to determine how
many classes of districts to be proposed and what is to be permitted
in these districts, and prepare a tentative zoning ordinance that
they propose to apply to various districts. The fourth step is for
the County Planning Commission to conduct preliminary hearings on the
prepared zoning ordinances.
Mr. Haden wanted to know whether expert and technical
assistance would be needed to get up all information and Mr. Mason said
he felt it would be neeessary for an engineer to do some if not all
of the leg work on this subject. He stated that the Bureau of
Agricultural Economics is prepared to help but could not do all the
work. The person who gets this information has to know how to handle
maps and data and meet people and deal with them. In Wisconsin the
State College collected the data. In Loudoun County, Virginia,
the State Planning Board furnished a technician to help pepare the
map. Mr. Carper suggested that it would be well to separate the two
types of work, data and maps. Both of these will be necessary to
formulate the final picture. After the zoning laws are pepE�red and
adopted, it is necessary to appoint an administrator, someone to
see that the zoning laws are kept. A Board of Appeals can be
appointed by the Board of Supervisors. The County Board of Suprvisors
actually passes the zoning laws. Before these laws are passed,
however, the County Planning Commission is required by law to hold
apublic hearing or hearings insczttered areas around in the county.
After these hearings are held, the County Planning Commission submits
its report to the Board of Supervisors, and they are required by law
to hold a public hearing also, at least two public hearings, before
an ordinance may be adopted. The Board of Supervisors may make
any changes or recommendations to the County Planning Commission
for hhe CommissionAs consideration. The Board of Supervisors can
adopt the ordinance which will be a text plus a map to make a
zoning ordinance. At that point the proposed ordinance becomes
a law. lifter it is adopted, it is a good idea to pepare a list of
non conforming uses that have already been built and were built
before the law, and keep a record of this list so that if any are
abandoned for a period of time, then the next user would have to
conform to the law. This is the job of the zoning administrator,
who is usually appointed by the Board of Supervisors. If a non-
conforming use changes hands, does it come under the zoning laws
then? No, it does not. It has to be abandoned.
Mr. Randolph asked how clearly defined these uses
were. Mr. Mason stated that in an agricultural district, one could
not put up a business house, such as a building for housing
farm machinery for sale. If a man wished to go into some other
business on his farm, he could appeal to the zoning administrator.
Zoning ordinances usually help the majority but sometimes wak
a hardship on an individual. AIr. F. L. Harris stated he believed
zoning ordinances are necessary for the protection of Albemarle
County.
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Mr. Mason stated he knew Arlington and Fairfax
Counties, and that zoning had helped"in these counties, and
that he personally had bought a tote in the area that had
the most restrictions because felt it would be the best
protection for the home he plans to build on this property.
How can zoning laws be enforced. Section 8 of the
enactment of the General Aseembly of Virginia provid.,s that
in counties where zoning laws have been passed, the County
Planning Commission must give its arpr.;val to any !:uildJngs
to be erected. If building is erected without this
approval, the person erecting said building, will be
called to court, and can be fined acco:-ding to the provisions
of the law.
Mr. Haden suggested that SFr. Carper find. out from
Air. Long That help the State Planning Board could. give us
on the zoning project, and let us knot,: by mail.
Mr. Mason stated that his office was ver- short of
help but that he would be willing to spend sometime on it
personally and that it Mould not cost us a cent. As some
money will be needed to employ a trained man to do the leg
work,` -_it was suggested that we ask the Board of Supervisors
for the money.
The question of zoning -„ill be ta'.en up again by
the Planning Commission as soon as .vie have heard from Tx.
Carper, and nembers will be notified of the call meeting.
Yx. Cockrell reported that the School Board had
called him in to discuss the Planning Board Resolution and
had asked him to request that we meet with them on Monday,
August 27th, at 8 o'clock.
There being no further business, the meeting was
adjourned.
Secretary.
G
RESOLUTION PASSED BY MEMBERS OF 11BEMARLE COUNTY
SCHOOL BO LRD AND COUNTY PLAlVINING CONWISSION
AT MEETING HELD ON AUGUST 27TH, 1945.
Resolved that the Board of Supervisors make
an appropriation of $100,000.00 from the general fund to
pay on liquidation of road bonds, and set a rate that will
amortize road debt in four years, and pay interest on
anticipated school bonds.
Resolution revised at meeting of Board of Supervisors
on September 19th, 1945.
Resolved that if and when the county assumes the road
bond obligation of Samuel Millet and Scottsville, the Board
of Supervisors be requested to make an appropriation of
$100,000.00 from the general fund to pay on liquidation of road
bonds, and set a county rate that will amortize road debt in
four years, and pay interest on anticipated school bonds..
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