HomeMy WebLinkAbout12-07-1970 Regular MeetingFairhopr Planning and Zoning Commission
Regular Meeting Mon., Dec. 7,1970 j
5P.M. City Hall - -
Present: Chmn. Parker, members Macon, Box, Pitman, Kirk, Fred-
erick, Arnold, Bung.
Absent: member GAtes
Visitors: Mr. Dyson, Mr. Earle
Minutes of previous meeting approved as read.
Mr. Earle, agent for Mrs. Irene Stewart, presented application
for rezoning from R-2 to B-1 lots 17, 189 19 and 20, block 15,
Volanta, to be accepted for advertising for public hearing.
Following discussion, motion by Mr. Macon, seconded by Mr.
Arnold that this application be accepted gor advertising for
public hearing on Monday, Jan.4, 1971, gpject to completion
of required list of property owners withY300 ft. radius.
Motion carried unanimously.
Mr. Arnold, reprsenting the Fairho' Single Tax Corporation,
presented re- subdivision of lots T and 4, block 39 division
3, for approval.He explained tha t changes were necessary to
correct errors of lonj standing involving exi4ting buildings.
Motion by Mr. Macon, econded by Mr. Bung, that preliminary and
final approval be given this subdivision. Motion carried.
In accordAnce with by-laws adopted Oct. 79 1970, the chairman
requested nominations for vice- chairman and secretary.
Mr. Floyd Bung was nominated for vice chairman and Dr. Pierce
Frederick for secretary , whereupon the chairman declared the
nominations closed and Mr. Bung and Dr. Frederick elected.
Re -printed of an� article from the WALL STREET JOURNAL con-
cering suburban zoning laws were distributed to the members by
the chairman.
There being no further business, meeting adjburned.
Eloise T. Wilson, Exec. sec
j
THE WALL STREET�JOURNAL,
'day, November 27, 1970
Ke-,r Jut
Suburban Zoning Laws
Called Discriminatory
To Negroes and Poor
Rules , Bar Big Apartments,
Call for Individual Homes
That Bring Heavy Taxes
Firms, Unions Oppose Laws
In Massachusetts, the state legislature last
year passed a law that could require each mu-
nicipality to zone at least 1.5% of its land for
low-income housing. In New Jersey, the legis-
lature passed a bill allowing outsiders to chal-
lenge a town's zoning laws. Before that, only a
resident could do so.
The "Carrot" Approach
So far the Federal Government has tread
softly on the issue by using what officials refer
to as the "carrot" approach. The Department
of Housing and Urban Development favors
communities with funds if they are willing to
adopt flexible zoning and building codes.
But it may soon get tougher. New York's
Senator Jacob Javits has introduced a bill that
would bar certain Federal subsidies for things
like water and sewer facilities for suburbs that
maintain "exclusionary" zoning practices. And
By JOIIA V. CONTI
HUD Secretary George Romney has proposed
Staff Reporter of THE WALL STREET JOURNAL
a law that would forbid local governments
If you're thinking of moving the wife and
from using zoning and building codes to bar
kids to a new apartment in some lovely New
Federally financed housing for the poor. Nei -
Jersey suburb —forget it. Unless you get rid of
ther bill is given much chance of passage this
the kids, you're not wanted. -
year, but big fights over both are likely next
"I don't know of any suburban municipality
year.
in New Jersey that permits three -bedroom
The correct pattern of suburban zoning reg.
apartments," says Esko J. Koskinen, president
ulations came into widespread use in the late
of the New Jersey Builders Association. The
1940s and early 1950s when droves of city dwell -
most common zoning rule, he says, requires
ers moved out of town in search of space and
that 80% of the apartments in new projects
fresh air. Once in the suburbs, they wrote into
have one bedroom and 20% have two bed-
law many of the single -family -dwelling and
rooms, hardly an ideal amount of space for the
minimum -sized -lot provisions that now govern
typical family with two youngsters.
suburban housing.
And that's just the idea. It isn't that the
That's the way they want things to remain.
In Oyster Bay, on New York's Long Island, an
New Jerseyites —or for that matter suburban-
'
unofficial poll of residents recently showed sen-
ites from Long Island to California —dislike
timent running 20 to 1 against any loosening of
children. They just don't like kids who go to
zoning restrictions to allow for more low-cost
school and whose parents duck some of the tax
housing.
costs by living in apartments, where the own-
er's tax costs per resident are far, far lower
than the costs of the owner of a private house.
Suburbanites are willing to fight for what
So; over the years most suburbs have en-
they think is right. In suburban Ramapo, N.Y.,
acted zoning regulations that make it all but
for instance, citizens recently went to court
impossible for a family with more than one
with no less than 10 suits to stop the local hous-
child to live in anything but a heavily taxed,
ing authority from building low-income hous-
single-family home on a big plot. Suburbanites
ing. Among other things, the suits charged the
say this spreads the load evenly, keeps out
town violated its own master zoning plan by
shabby housing and generally keeps a nice sub-
deciding to allow apartment construction.
urb nice.
At least part of the suburban objection to
Fighting Mad
low-cost or multiple -family housing is grounded
But that isn't the way a growing number of
in economics. Higher .densities mean more
outsiders see it. 11Iary young families simply
pressure on services such as water facilities
and schools, and that, in turn, could
can't afford that kind of housing. Blue-collar
mean
higher taxes.
workers, many Negroes and countless others of
"The local homeowner is faced with the bur -
limited means find themselves shut out? To,
den of financing the. school district, so natu-
them the zoning restrictions form a grating
rally there's a tendency to feel the community
kind of discrimination, and they're fighting`
mad about it.
should have a slow pace of growth to keep the
While the groups are by no means united,
cost of the school down," says John A. Lom-
their frustrations are beginning to shape a
bardi, tovvn supervisor in suburban North Cas-
broad attack on such suburban zoning. With
tle, N.Y., in Westchester County.
help from civil rights groups, builders, politi-
Citizen grcups in Westchester County have
clans and executives of some companies that
estimated that in some area towns the tax
have moved to the suburbs, they're pressing at
structure requires one house with a $50,000
all levels of government for changes in zoning
market value to support one child in school.
laws. They're also going court. And if their
Neither low-income nor luxury apartments
early successes are any indication, the move-
in
have that kind of taxable base, they maintain.
may well succeed in breaking the excl
While such economic self-interest may be
sinernen
slue character of many the nation's suburbss,.
good for a suburb, it's no good for a lot of other
In Philadelphia's suburban Nether Provi-
people, many city planners say. "Suburbs have
dence Township, a builder recently sued and
Please Turn to Page 13, Column 3
won w en a town s single-family zoning laws
barred him from putting up a luxury apart-
ment building. The Pennsylvania Supreme
Court ruled 4 to 3 in his favor, saying a com-
munity cannot limit high -density housing if the
only reason for doing so is to avoid the burden.
-- on municipal services.
no business requ one acre to be used for a
single family the problem of urban
sprawl and lan res," says one Eastern
planner.
A lot of powerful people, including officials
of corporations with plants in suburban areas,
tend to agree. As housing -costs have risen and
as suburbs have become more stringent in
their zoning requirements, many suburban con-
cerns have found it increasingly difficult to
find production workers nearby. Most blue-col-
lar workers can't afford to live near the plant,
they say.
Ford Motor Co., which has a giant assembly
plant in the northern New Jersey town of Mah-
wah, attributes some of its 20;'o annual turn-
over in production employes to a shortage of
nearby housing for workers.:ilanv of its 5,000
employes travel to work from Newark, 30
miles away; New York City, 40 miles distant,
and Jersey City, 45 miles away. "We don't
know how much of this is caused by the hous-
ing problem, but we know it contributes," a
Ford spokesman says.
One large industrial concern in the East
with comparable problems has begun to exert
pressure on town councils, Chambers of Com-
merce and zoning boards to get more inexpen-
sive housing suited for production workers. So
far they've had little luck. Says one company
official, "Town officials want the plant but they
2-
don't want the hourly worker. They want the
executive who will live on two acres of land in
an $80,000 home."
Such corporate pressure will probably in-
crease, in large part because of suburban
greed. Eager to get more taxable assets, the
towns are encouraging business to settle there.
In the fast growing 400-square-mile area
around Princeton, N.J., 20 local governments
have zoned enough undeveloped land for indus-
trial parks and research centers to support 1.2
million jobs. At the same time, the undevel-
oped residential land in the area is zoned for
such low densities that it could house 'only
144,000 of the working population.
Unions Join the Attack
Unions are also joining the attack. United'
Auto Workers Union District Nine in Northern
New Jersey, which sponsors a. non-profit hous-
ing corporation, has found itself rebuffed at
every turn. "We try to do family housing (but'!
the towns) say 'no, the property owner is up to
his ears in taxes and doesn't want to pay any
more,' " says a spokesman. The union is con-
tinuing its efforts to get zoning changes.
The union official, however, says there's
more than just economics involved in the re-
sistance. "The behind -the -scenes objection is
racial," he says. "The towns oppose low-in-
come projects because they'll bring in blacks."
Indeed, one of the most concerted attacks
Th zoning laws is being waged by civil rights
groups. "We're not saying that these zoning
regulations are directed at Negroes per se,"
says Nathaniel R. Jones, general counsel for
the National Association for the Advancement
of Colored People. "But the effect of the law is
to exclude Negroes and those of moderate in-
come, and if the effect is discriminatory, its
the same as intent." A
— It isn't solely the issue of discrimination
that concerns civil rights I t is also a
question of jobs. When com love away
from a city to a suburb with g space for
blue-collar workers the worker has the option
of either traveling to the job from the city or
else quitting. In too many instances, civil
rights groups say, he's had to quit, and this in
turn has contributed to unemployment in city .
areas.
The NAACP plans to press a case in Oyster
Bay on Long Island. The area's 18 villages
have a population of 362,000, of whom all butt
3,000 are white. Part of the reason for this, the �
NAACP says, is that zoning laws exclude
all but the wealthiest.
Some of the villages have laws that limit
areas to one house per 5 acres, the group says.
The NAACP wants 20 of 1,500 vacant
acres in the region to be rezoned from single-
family on one -and -two -acre tracts to multiple -
family housing. The thrust of its argument is
that low-income groups are being denied equal
protection of the laws in that zoning rules are
being used to exclude them.
Some Court Rulings
So far the approach has proven fruitful. In
Union City, Calif., the National Committee
Against Discrimination in Housing, which has
been most successful in such challenges, won a
significant victory recently when a Federal
judge ruled that the Constitution required a
municipality to provide enough housing for its
poor. The case involved a group of Mexican
Americans who are successful in getting a
Aning change for multiple -family housing ap-
proved by the town government only to be later
thwarted when other citizens, under California
law, submitted the move to a referendum. The
judge ordered the town to make room for low-
income residents.
A key ruling has also been handed down in
Montclair, N.J., where a judge ruled that a
minimum construction -cost requirement was il-
legal because it was unrelated to the health,
safety or welfare of the community. In Lawton,
Okla., the U.S. Court of Appeals ruled that a
community that zones out low-cost housing
must prove a specific nondiscriminatory rea-
son for such zoning.
But what may yet prove to be the most im-
portant breakthrough on zoning took place re-
cently in San Jose, Calif. In that town, a group
representing Negroes and iilexican Americans
attacked California's rule that allows public re-
ferenda to decide whether publicly owned. Fed-
erally funded housing for the poor can be built
in a given community. A three -judge panel
ruled the law is illegal, since Federally as-
sisted projects such as highway construction,
hospital and college dormitories have no such
Impediments.
The case has been appealed to the Supreme
Court, which will hear arguments on it this
term. Civil rights groups think that if the high
court approves the lower court ruling it will
significantly ease the way to challenging zon-
ing laws on grounds that they discriminate
against the poor.
"We're hopeful we will establish the princi-
ple that suburban communities have to con-
sider themselves.part of the total community,
that they cannot screen =out people for eco-
nomic or racial reasons," says the NAACP's
Mr. Jones. "There will be no more islands in
this country where people can get in and wall
out people they consider undesirable."
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