The March 9th public hearing on the proposed 2016 zoning ordinance, which is meant to overturn the existing 2015 zoning, drew a large crowd to Northampton High School. The lines of opposition were visible, with proponents of keeping the 2015 code wearing signature yellow tee shirts, or clothing of a yellowish hue;those in favor of the 2106 ordinance were wearing, well, regular clothing. One editor’s note, it was abundantly clear that, from a fashion and design standpoint, Northampton County really needs a makeover. After just finishing up at NY fashion week, where Kendall Jenner breathlessly and seamlessly worked over four houses, it was hard to take in the mismatched plaid, ill-fitting jeans, as well as dubious color choices on exhibition here tonight. With that said, the dichotomy in viewpoints was indeed clear and concise.
For the yellow shirts, Robert Colson of Cheriton summed it up, “I’m here to tell you folks that no developers are involved in the 2015 zoning movement. Never were, never will be. Just farmers that want to build a produce cooler, a tractor shed or build a pond. Business owners that might want to expand their business, and concerned citizens, basically, your neighbors. The special interest groups were so off base that they didn’t even know who their opposition was. This is the type of falsehoods and propaganda that the special interest groups like the Shorekeepers and CBES put out about us and the 2015 zoning ordinance. The majority of the did want zoning change, they said it at the March 2014 hearing and they are saying here again tonight. As far as the signs and ads go, we bought them—not developers, the citizens of Northampton County. The tenants and workers mentioned in the email are men who were laid off because a stop work order was imposed on the job they were working on due to the lengthy zoning and building permit process. They are also property owners, taxpayers, and citizens of Northampton County. Not just second class citizens. Our opposition has gotten so desperate that they have begun stealing our signs. Our opposition has shown their true colors. I got my project done under the 2015 zoning, and now I’m fighting for the next guy that has to do a project. I’m also here tonight to put Ken Dufty, Roberta Kellam, David Kabler, Mary Miller, Bob Meyer, Martina Coker, Jay Ford, the CBES and Shorekeepers on notice that they have imposed their will on the county long enough. And we, the silent majority, awakened, are here to fight back. “
Speaking for the plain shirts, Roberta Kellam firmly established that point of view, “The 2015 zoning would not be helpful in addressing poverty, economic development and affordable housing, in Northampton County and I am sorry to see so many people being misled into thinking it will help them. The 2015 zoning does not create new jobs or economic development, it was a ruse to get more waterfront subdivision lots and recreate a housing bubble. The main difference between the 2015 and 2009 zoning ordinances is that the 2015 ordinance is a roadmap to turn Northampton County into a suburban style residential development, especially in the area of high end residential development. I value the rural nature of Northampton County; I don’t want to see it turned into an Ocean City Maryland. I do want to see housing that is available to all.”
The evening was not without some humor, as developer Bill Parr, with the performance of the night made an impassioned plea on behalf of the impoverished to keep the 2015 zoning, so as to provide a proper roadmap for wealth and Abraham Maslow-like self-actualization. On the other side, Martina Coker attempted to hold up the 2009 ordinance as red hot engine of economic growth, using the petit délinquants of the Cape Charles Business Association as a shining example of its power (snickers from the crowd).
School Board member Joann Molera provided the Luis Bunuel surrealistic moment of the evening, “We do not have the luxury of having a CTE program that includes kayaking, or any other water activity because most of our students can’t swim, much less take kayaks out. And even as supportive as I am of all the eco-tourism, the practical nature of educating our kids is not going to allow for all of these luxury eco-tourism jobs. The reality is our kids don’t swim, they drown out in the Chesapeake Bay. I’d love to see them swim, but we don’t have the money for that either. So please do not downgrade our schools (puzzled looks, and hushed murmurs of ‘What?’)”.
With battle lines drawn in the sand, it is becoming abundantly clear that Northampton County is firmly and indubitably mired and entrenched in a systemic cycle of dysfunction. Like Cher, the Murray Board may want to turn back time, but that seems destined for epic failure. The strange paradox is that Northampton only feels fixed and certain when it is in motion—unfortunately, this board is moving backwards, and this effort already smells like doom. From a design standpoint, it seems critical that the county instead shift its focus to building a solid framework (finish the Comprehensive Plan) before attempting to instantiate another zoning ordinance. With a framework in place, you build upon it, and create applications (ordinances) that can solve the problems that have been identified while designing said framework. Patrick Coady has said this several times, and we echo it here—finish the Comp Plan first, then use it to modify the ordinance that is currently in place. That is the proper order of things, and the first step away from institutionalized dysfunction. Like the man said, the first step is admitting you have a problem.
“finish the Comp Plan first, then use it to modify the ordinance that is currently in place. That is the proper order of things, and the first step away from institutionalized dysfunction”
That’s exactly the point. The 2009 zoning was written following that path, the 2015 zoning was not.
Note: Then, just to be sure we are following, the 2016 Zoning should or shouldn’t wait for the completion of the Comp Plan?
The 2016 Zoning should be enacted because it is based on the 2009 zoning which had extensive public input and a Comprehensive plan as it’s basis. It would be a violation of the public trust to leave the 2015 zoning in place.
The 2015 is a fatally flawed document that leaves Northampton Citizens unprotected from those dangers associated with high density waterfront development.
I personally witnessed the death of the oyster industry and the near death of the entire ecosystem of Broad Bay and the Lynnhaven River system in Virginia Beach. This was due to high density waterfront development with homes and businesses relying on subsurface sewage disposal (septic tanks),stormwater increases, suburban runoff, and the destruction of wetlands. It has cost the City of Virginia Beach millions of dollars, and decades of work to improve water quality, and to bring back the oyster industry to a shadow of its former self. Many of those who dwell on those small densely zoned waterfront properties, are trying to prohibit leasing of oyster grounds and complain about the traditional activities associated with aquaculture and fishing.
The 2016 AKA revised 2009, protects us from those dangerous densities as proposed in the 2015,properly addresses agritourism, provides protection from the harmful effects of CAFOs through increased setbacks, properly and more effectively addresses affordable housing,protects property owners vested rights that were granted under previous zoning codes, and effectively provides for accessory dwellings.
http://www.co.northampton.va.us/departments/pdf/2016_zoning_pdf/2009%20Zoning%20for%20Public%20Hearing%20on%20March%209%202016.pdf
As for the Comprehensive plan that is currently being written around the 2015 Zoning( a totally backward process), that should prove to be a real doozy.
Thousands of people spoke out against the 2015 zoning and booted Rick Hubbard out of office. Now you think that the Board should keep the 2015 zoning? Good thing you live in Cape Charles and don’t have to deal with it. The Board said they would repeal it and put the 2009 zoning back. That is what they are doing. I looked at the changes and they don’t amount to anything new. It doesn’t need a new plan. We have the 2008 plan. What do you think has changed from 2008? Do you think we suddenly got a skilled workforce and a super highway so all sorts of companies want to come here? Do you think that people don’t care about aquaculture anymore?
Note: First, you cannot repeal and revert back to 2009, you can only replace the 2015 zoning with a nifty cut paste job and call it a new (2016)ordinance (besides, our beef is with procedure, not content). And it isn’t that easy, especially if you are the County Attorney and have to review this mess (700+ pages, and the hours, the hours). So essentially, what you have is another ordinance going into motion without first passing a legitimate, current and up to date Comp Plan. Like Thomas Wolfe said, you can’t go home.
Waye, only those parts of the older ordinances that guarantee vested rights for those in subdivisions, etc. are included in the Revised 2009 AKA 2016 Zoning. The 2015 was drafted witout regard to the existing Comprehensive plan. We cannot turn back time, but we can wormhole our way back to recitfy the wrinkle in space time, that the 2015 debacle created. We can not afford to wait for the dust to clear from the scuffle that is sure to ensue over any new comprhensive plan this planning commission would present. I can not even begin to immagine what horrrors it may hold. Even as we speak, real estate interests are carving us up, and attempting to split Residentially zoned lots and those lots protected as open space under 2009, into smaller and smaller pieces.
Not sure who wrote that you “cannot repeal” the 2015 zoning ordinance, but that is patently false and buys into Bruce Jones’ erroneous argument that he made in Circuit Court against my Complaint and Request for Injunctive Relief. Jones based his argument on the wrong paragraph of Roberts Rules, which says a Motion and vote cannot be RECONSIDERED for a revote at the same meeting unless a member who voted FOR it moved for that instant reconsideration. The January 12, 2016 resolution by Duer was a motion to REPEAL the December 8, 2015 vote to adopt the 2015 ordinance. OF COURSE that is a legal act, unless you want to believe that an act by an administrative body can never be undone unless, as Jones argued, a board member who voted in favor of it moves to repeal it. That, my friend, is the epitome of a FLYING CIRCUS argument that has landed us in the ridiculous situation and administrative mud in which we are now wallowing. Under Jones’ nearly insane legal argument, the 19th amendment to our United States Constitution, prohibition, could never have been repealed 12 years later unless we got out the shovel and re-elected the principles who voted in favor of this restrictive edict in 1919. Let’s shake our heads, get out Robert’s Rules, realize that just because a licensed attorney tells us something it is not gospel, and get real. It’s time. If it wasn’t for Jones’ clearly ridiculous argument, we would now be back under the rule of law (2009 zoning ordinance) , rather than the unsupportable and indeed illegal 2015 disaster….and that is a fact that cannot be disputed with any credibility at all. This county needs a total housecleaning, and if any reader thinks the majority of people on the street and in the very heart of this county are not saying that, they better put their ear closer to the ground. We have been mismanaged over the last 10 years by the appointed stewards of our tax dollars, and we have been administratively thrown to the dogs by those appointed “managers”. Whoever “let the dogs out” needs to round ’em up, crate them, and hang a shipping tag off the latch. It is the only we way we are going to restore sustainability and credibility to this great county and its citizens who have recently elected leaders to right this tilting municipal ship.
Amen to that.
Good to know readers can go to your Anonymous tab and read three good comments about this very damaging 2015 Zoning Ordinance. The sooner it’s gone the better.