Franklin County's Zoning Bonanza

Franklin County, in its zoning law (Franklin County Code, Chapter 25, Article III, Division 12), established the Planned Commercial Development (PCD) District, ostensibly "to promote the efficient use of commercial land by allowing a wide range of land uses of various densities and flexible application of development controls" (Franklin County Code, Section 25-390 (a)). The flexibility allows Franklin County to bend over backward to accumulate tax ratables. It is a builder's wild card. Almost every large project chooses this commercial category, even if most of the land is used for housing.

PCD applications combine zoning and design in one step. Franklin County's review often involves a close look at the concept plan and discussion between planners and other departments. By the time any decision can be made on the zoning, a great deal of time has been invested working out the details of the concept plan. Franklin County officials considering the application may be reluctant to discard that work by rejecting the zoning.

Although the applicants provide proffers to make the development more palatable, it is not clear which of these will stand up in court. It only takes one judge to sympathize with a subsequent buyer of land and lift a covenant or condition that blocks the most profitable development. Franklin County would be in a stronger position if it zoned the land for the use indicated on the plan; to successfully appeal, landowners would have to prove not only that a restriction is stringent, but that their need for variances is exceptional (which most cannot).

This dense commercial and quasi-commercial development is spreading to land that was designated for suburban housing in the comprehensive plan. As these huge projects flood highways with traffic, Franklin County's controlling majority doesn't care. Virginia's counties don't design or maintain any roads. They can load them with traffic, forcing the Virginia Department of Transportation (VDOT) to rebuild them with tax money and local labor. Thus, Franklin County government benefits by placing a burden on state taxpayers (including those who live in the same counties).

This overbuilding need not continue. Franklin County should raise the standards of PCD zoning, so that it provides an incentive to create model communities rather than a license to crowd anything anywhere.

Places Franklin County gives away the store:

• Lakewatch Plantation

  On 11 October 2005, the Franklin County Planning Commission recommended approval of this vast project, without addressing these problems:

  
  
  
  1. This project is called a plantation, although there was never a plantation on the site. We hope the name was not chosen to fuel antebellum nostalgia of slaves toiling in Massa's fields, or to deter integration.
     
     
  2. A strip of commercial development is inconsistent with the comprehensive plan. It will entitle landowners across the road to similar uses. The remaining distance to the Hales Ford Bridge (less than a mile) is likely to go the same way. Thus, this decision practically doubles the commercial frontage on Booker T. Washington Highway (VA 122).
     
     
  3. If the commercial strip is built as planned, it is not clear what steps must be taken for an individual business to change its use. This uncertainty may affect the marketability of the commercial lots for resale.
     
     
  4. The eyes of passing drivers can deter crime. The proposed berms may help criminals hide in parking lots.
     
     
  5. A new grocery store is proposed within two miles of two existing supermarkets, where it may have trouble building clientele. The concept plan indicates that most of its parking is far from the door.
     
     
  6. Along the waterfront, 64 previously subdivided waterfront lots were included in the concept plan. Were they to be rezoned or not? The presentation to the Planning Commission did not make their status clear. Are the waterfront lots to be rezoned or not?
     
     
  7. The concept plan is not explicit as to whether 151 acres of undeveloped land is to remain forever in natural vegetation or to be developed later. That intention should not remain open to dispute.
     
     
  8. The Virginia Department of Transportation (VDOT) requested a traffic study. The information from that study is not yet available. Perhaps it will mean signficant alteration of the concept plan.
     
     
  9. This parcel includes the inside of a curve on Booker T. Washington Highway (VA 122). Maybe that curve should be relaxed or straightened. Either option would involve running the highway through this parcel.
     
     
  10. An intersection is planned on the inside of the curve, where sight distance is reduced. The intersection should be relocated to a straight section of road, probably to the west.
      
      
  11. The Code of Virginia, Section 15.2-2241, requires every locality to coordinate subdivision streets with those existing or planned in the vicinity, as is the practice outside Franklin County. Failing to meet the state mandate, this project will force drivers making short trips to fight heavy traffic on Booker T. Washington Highway (VA 122) by providing no street in any of these locations:
      
      
      
      • tapping undeveloped land to the southwest, in the heavily commercial Westlake overlay, from Lakewatch's office/technology park, restaurants, and firehouse, for the benefit of emergency vehicles and lunching workers;
        
        
      • tapping land along Morewood Road (616), a collector that feeds the Kroger shopping center, from Lakewatch Circle, for the benefit of waterfront residents; and
        
        
      • connecting existing Redbud lane (951) with Lakewatch's church, funeral home, and bowling alley, for the benefit of residents along Hales Point Drive (1245) and Long Island Drive (1234).
      
      
      
  12. The internal access road labelled Lakewatch Drive is shown as 50 feet wide instead of the 60 feet likely to be needed to provide smooth flow at intersections and commercial driveways. There is sure to be confusion between that street's name and the existing Lakewatch Circle.
      
      
  13. The green boxes (where residents take household garbage) are shown along the firehouse entrance driveway, creating a traffic conflict.
      
      
  14. The concept plan shows "68 condominiums" among the housing. The Code of Virginia, Section 55-79.41, clearly recognizes a condominium as an ownership scheme including common elements that are joint property of the unit owners. Approval of the concept plan as submitted will allow 68 multi-unit complexes to be built.
      
      
  15. It was not made clear what would happen if some elements are approved and others rejected. For example, the zone change might be granted without the special permit for housing.
      
      
  16. A church is proposed a block off the Booker T. Washington Highway. As churches tend to become landmarks, the church would be benefit the community if placed closer to the road, where it can be seen by passersby.
  
  
  
• Southlake Town Center
  
  
  
  • Despite the intention that planned commercial developments "develop within unified areas" and "offer unified internal arrangement and development" (Franklin County Code, Section 25-390 (b)), this concept plan proposed narrow buildings alternating with parking along Old Franklin Turnpike (VA 40), with a larger tract to the rear.
    
    
  • Thwarting the dictate that PCD districts "should be proposed and planned for areas that provide for adequate development and expansion space" (Franklin County Code, Section 25-390 (b)), no reserve land is shown for additional parking or any other purpose.
    
    
  • Although the "PCD district should be a visual asset to the community" (Franklin County Code, Section 25-390 (c)), the easternmost roadside building, as submitted on the concept plan, presented a solid wall to its immediate neighbor (who complained) and to approaching westbound travelers on Old Franklin Turnpike (VA 40). Although the applicant offered to increase the setback, the Planning Commission decided in favor without seeing the resulting plan.
    
    
  • The Virginia Department of Transportation (VDOT) wanted approval delayed until the completion of a traffic study. Franklin County did not wait. Road widening may force a change in the configuration of the buildings.
    
    
  • The applicant received a substantial reduction in the off-street parking requirement (set by Franklin County Code, Section 25-82). Now, every builder will want one. What's the purpose of establishing a regulation but not standing behind it?
    
    
  • Growing population, increasing traffic, and rising fuel costs will eventually create a need and market for public transportation. A railroad right-of-way can be costly to obtain. Fortunately, a grade and station were already provided to Union Hall in the 19th century. The old depot is the closest thing to a centerpiece the community has. Yet Franklin County chose not to use its own code to protect the landmark building or the irreplaceable transportation corridor (as permitted by the Franklin County Code, Sections 25-2, 25-3, 25-481, and 25-640).
  
  
  
• Bridgewater City

  This is what will eventually straddle the end of the two-lane Hales Ford Bridge: a shoreline crowded with towering apartment buildings. It has been presented as several separate projects:

  
  
  
  • Bridgewater Grande (pronounced "BRIJ-waw-tr GRAHN-deh", indicating, in English and Spanish, a large bridge over water)
    
    
    
    • Despite the comprehensive plan's designation of this land for conservation, Franklin County rezoned this land to intensive PCD zoning, allowing various businesses and multi-family housing.
      
      
    • Not satisfied to abide by the generous standards of PCD zoning, the applicant is allowed to reduce distance between buildings. Fortunately, the request to extend office parking into a state highway right-of-way was withdrawn.
      
      
    • Ignoring Franklin County's Trail System Plan and despite the request of the Parks and Recreation Department, no trail was provided along the Booker T. Washington Highway (VA 122).
      
      
    • Although the Subdivision Regulations (Franklin County Code, Section 19-141) allow Franklin County to take up to ten percent of the land for community purposes without compensation, and despite the inclusion of a waterfront path on the concept plan, no land was dedicated for recreational purposes. The Board of Supervisors was told that the builder was talked out of donating the path by the Franklin County Planning Department. The Planning Director did not refute the statement at the meeting.
      
      
    • Although a proposed internal street hugs the property line, a spite strip was left to prevent the next subdivision from tying in. Thus, need for "adequate development and expansion space" (Franklin County Code, Section 25-390 (b)) has not been met.
    
    
    
  • Bridgewater Pointe (pronounced "BRIJ-waw-tr PWAHNT", indicating, in English and French, a ballet step on a bridge over water)
    
    
  • Bridgewater Plaza
    
    
    
    • Too big to fit on land, this amusement complex extends out over a marina on Smith Mountain Lake.