16.6 Comprehensive Planning

• Library: Real Estate Transactions in Virginia (Virginia CLE) (2019 Ed.)

16.6 COMPREHENSIVE PLANNING

16.601 In General. All localities are required to develop a comprehensive plan for the development of their communities. The plan must be reviewed by the locality at least once every five years. ¹⁶⁷ Comprehensive plans have been mandatory in Virginia since 1980. ¹⁶⁸ Indeed, a zoning ordinance adopted after the 1980 legislation without one is void ab initio. ¹⁶⁹ In land use decision-making, it has become increasingly important to adhere closely to a good comprehensive plan and to develop a sound factual basis for individual decisions.

The General Assembly has delegated the development and administration of the plan to the planning commission, which the locality must create "in order to promote the orderly development of the locality and

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its environs." ¹⁷⁰ Localities may participate in a joint local commission under section 15.2-2219 of the Virginia Code. ¹⁷¹

It is difficult to determine what constitutes a good plan and what does not. A "good" comprehensive plan may be one that treats similarly situated properties in a similar manner, is grounded in sound planning principles, and recognizes the relationship between market forces and ideal circumstances. Plans range in quality from the sublime to the ridiculous and are honored more in some places than in others. They remain important, however, as the framework within which individual decisions are made.

Comprehensive plans are perhaps the single most important land use control device available to local governments to guide ultimate decision-making in land use matters. Conformity to comprehensive plans in individual zoning decisions can provide the single strongest and most defensible basis for action by substantially removing the potential of discrimination against individual landowners. ¹⁷² Substantial adherence to a comprehensive plan provides a larger context for the individual decision and can support the locality's claim of reasonableness in achieving legitimate public goals.

16.602 Nature of the Plan and Its Implementation. Comprehensive plans must take into consideration present and future land uses, existing and planned public utilities and facilities, ¹⁷³ and the purposes for which land use ordinances are adopted.

Comprehensive plans are general in nature, designating

the general or approximate location, character, and extent of each feature, including any road improvement and any transportation improvement, shown on the plan and shall indicate where existing lands or facilities are proposed to be extended, widened, removed, relocated, vacated, narrowed, abandoned, or changed in use as the case may be. ¹⁷⁴

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In other words, they are general programs for the physical development of the locality, intended to provide advance planning effectively and fairly to meet the purposes for which land use ordinances may be adopted.

Comprehensive plans may be implemented through the various land use tools available to localities, including an official map, a capital improvements program, a subdivision ordinance, a zoning ordinance, a zoning district map, a mineral resources map, a recreation and sports resource map, and a map of dam break inundation zones. ¹⁷⁵

16.603 Urban Development Areas. Section 15.2-2223.1 of the Virginia Code, as amended in 2012, permits any locality to include in its comprehensive plan provisions for the designation of "urban development areas" (UDAs).

Section 15.2-2223.1 requires that comprehensive plans of localities provide UDAs that are appropriate for development at a density of at least

four single-family residences, six townhouses, or 12 apartments, condominium units, or cooperative units per acre, and an authorized floor area ratio of at least 0.4 per acre for commercial development, any proportional combination thereof, or any other combination or arrangement that is adopted by a locality in meeting the intent of this section.

UDAs must be sufficient to accommodate projected growth for a period of at least 10, but not more than 20, years. The maximum planning horizon is 40 years for UDAs in counties with the urban county executive form of government and existing or planned rail transit. The boundaries and size of each UDA must be reexamined every five years and revised if necessary in conjunction with the review of the comprehensive plan and in accordance with the most recent available population growth estimates and projections.

All comprehensive plans must incorporate principles of "traditional neighborhood design" in urban development areas.

16.604 Limitations on the Usefulness of the Plan. A comprehensive plan is not a land use ordinance, and it is not self-effectuating.

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Indeed, the Virginia Supreme Court has often referred to the comprehensive plan as merely an advisory "guide" that...