STOP THE CAMPGROUND DEVELOPMENT IN UNION HALL!

STOP THE CAMPGROUND DEVELOPMENT IN UNION HALL!

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madeline corrado started this petition to Franklin County Planning Commission Steve Sandy, E. Webb, J. Colby, D. Clements, D. Crawford, C.W. Doss, Jr., A. McGhee, S. Mitchell

To:  Members, Franklin County Planning Commission                                   

From: Residents of Hampton Hills, Sandpiper Bay, Lake Park Drive, Blue Lake Road and surrounding areas

We, the undersigned, are residents and/or property owners in Franklin County located near the proposed RV Campground, CAMP REEL SIMPLE, on Old Salem School Road in Union Hall, VA. We hereby OBJECT to the Planning Commission approving any application for Special Use Permit for this campground as follows:

While a campground may be permitted under the Franklin County Zoning Ordinance for properties identified as A-1 (Sec. 25-179 Special Use Permit) with a Special Use Permit approval by the Board of Supervisors, the Comprehensive Plan does not support the Camp Reel Simple project. The Planning Staff’s approval recommendation violates its mandate under the comprehensive plan and ensuing code policy guidance.

The Camp Reel Simple proposal is incompatible with rural residential planning, as it is a high impact, commercial use facility with serious property value, noise, pollution, and land and water traffic related impacts on the surrounding area. The Franklin County comprehensive plan does not favor a high impact, nuisance intensive commercial use in rural residential areas. 

As set forth in the 2015 Albemarle County Land Use Law Handbook, which is a statutory and case law review of all zoning matters, the following are two important guidelines based on Virginia Code and case law, (Chapter 10):

10-720  Zoning to depress land values

One of the purposes of zoning is to “encourage economic development activities that provide desirable employment and enlarge the tax base.” Virginia Code § 15.2-2283. One of the factors to be considered in any zoning decision is the “conservation of properties and their values.”  Virginia Code § 15.2-2284. These two provisions indicate a legislative intent that a legitimate purpose of zoning is to protect and enhance land values. …

10-730 Contract zoning

A locality has no authority to enter into a private agreement with a property owner to amend a zoning ordinance, thereby contracting away its police power. Pima Gro Systems, Inc. v. Board of Supervisors of King George County, 52 Va. Cir. 241 (2000). “An agreement made to zone or rezone for the benefit of an individual landowner is generally illegal. It is an ultra vires act bargaining away the police power. Zoning must be governed by the public interest and not by benefit to a particular landowner.” Pima Gro, supra, citing 83 Am.Jur.2d, Zoning and Planning, § 46.”

This guidance demonstrates that zoning, and special use permits by implication, that depress land values are not proper government functions. Furthermore, favoring one landowner at the expense of the public interest (the adjacent/surrounding land owners) and clear guidance based on comprehensive planning is ultra vires and illegal.

0 have signed. Let’s get to 500!
At 500 signatures, this petition is more likely to be featured in recommendations!