[Planning Commission on July 28, 2025.]
[00:00:05]
I WOULD LIKE TO CALL THE JULY 28TH, 2025 PLANNING, COMMISSION MEETING TO ORDER.
WOULD EVERYONE PLEASE STAND AS WE RECITE THE PLEASURE OF ALLEGIANCE, A PLEDGE, ALLEGIANCE, ALLEGIANCE TO THE UNITED STATES OF AMERICA TO REPUBLIC STANDS.
AT THIS TIME, WE'LL ENTERTAIN A ROLL CALL.
NEXT WE'LL MOVE TO THE, UH, ADOPTION OF THE MEETING AGENDA.
BEFORE I ASK FOR A MOTION FOR THE ADOPTION OF THE AGENDA, WE HAVE RECEIVED WORD FROM THE PLANNING STAFF THAT THE OLD BUSINESS ITEM HAS BEEN WITHDRAWN.
SO IF I COULD GET A MOTION TO BE, UH, TO ADOPT THE AGENDA MINUS, UM, THE OLD BUSINESS ITEM.
I MOVE THAT WE ADOPT THE AGENDA, UH, MINUS THE OLD BUSINESS MATTER.
SIR, IT'S BEEN PROBABLY MOVED.
AND SECOND THAT THE AGENDA BE ADOPTED MINUS THE OLD BUSINESS ITEM.
ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE.
OPPOSED? AYES HAVE THE MOTION IS CARRIED.
THE, UH, MEETING AGENDA HAS BEEN ADOPTED.
MOVING ON TO ITEM FOUR, CONSENT ITEMS. DISPOSITION OF MINUTES FROM JUNE THE 23RD, 2025.
I HAVE BEEN INFORMED BY MR. WADE AND MS. CHEEK INFORMED HIM THAT THERE IS A CORRECTION TO BE MADE ON PAGE NINE.
I THINK THE, UM, THE VOTE, MS. CHEEK WAS LISTED IN THE VOTE.
HOWEVER, MS. CHEEK WAS NOT HERE AT THE LAST MEETING, AND I THINK INADVERTENTLY MR. PIERCE WAS LEFT OFF.
SO THE CORRECTION IS TO REMOVE MS. CHEEK'S NAME AND ADD MR. PIERCE TO THE I VOTE.
UM, ARE THERE ANY OTHER CORRECTIONS TO THE MINUTES FROM JUNE 23RD? THERE'S IS JUST, JUST A, UH, ADDED PAGE.
I'M SORRY, EIGHT N SIR, IF THERE ARE NO OTHER CORRECTIONS, I'LL ENTERTAIN A MOTION TO THE, TO ADOPT, UH, THE CONSENT ITEM WITH THE CORRECTED, UH, MINUTES.
I MOVE THAT WE ACCEPT A MINUTES WITH THE NECESSARY CORRECTIONS.
SECOND, IT'S BEEN PROBABLY MOVED.
AND SECOND THAT WE ACCEPT THE MINUTES FROM JUNE 23RD WITH THE NECESSARY CORRECTIONS.
ALTHOUGH IN FAVOR, PLEASE SIGNIFY THE SAYING AYE A OPPOSED THE AYES HAVE IT.
THE CONSENT, THE AGENDA ITEMS, EXCUSE ME.
THE DISPOSITION OF MINUTES FOR JUNE 23RD HAVE BEEN ADOPTED.
ALRIGHT, MOVING ON TO ITEM NUMBER FIVE.
WELL, ITEM NUMBER SIX, NEW BUSINESS MOTION TO BRING FORTH AN ORDINANCE TO AMEND PROVISIONS OF THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE RELATIVE TO THE SUB TO SUBDIVIDING PROPERTY.
CHAIR, UM, MS. MS. PERKINS IS, IS, IS BRINGING A, A MOTION FOR YOU ALSO THAT YOU ALL CAN CONSIDER, BUT ONE OF THESE ELEMENTS AND, AND, UH, UM, WE HAVE LOOKED AT WITH, UH, WITH SUBDIVISION OF PROPERTY, WE HAVE NOTICED THAT THERE ARE CERTAIN ELEMENTS BASED ON OUR, BASED ON THE GENERAL ASSEMBLY AS WELL AS, UM, SO WITHOUT OUTDATED IN OUR OUTDATED LANGUAGE, IN OUR SUBDIVISION ORDINANCE, AS WELL AS SOME LANGUAGE THAT'S IN OUR, IN OUR ZONING ORDINANCE.
UM, THAT A A AGAIN, IT IS OUTDATED AS WELL AS, UM, NEEDING TO BE, HAVE FURTHER CLARIFICATION THAT'S CURRENTLY NOT IN WITHIN OUR ORDINANCE.
SO, UH, WITH, WITH THAT, WE WERE LOOKING TO, UM, FOR A MOTION FROM THE POINT OF COMMISSION SO THAT WE COULD START THAT LANGUAGE, UM, LOOKING AT, UH, AMENDING YOUR SUBDIVISION WHERE IT STANDS UP AND ZONING, ZONING ORDINANCE, UM, AND BRING IT FORTH TO YOU ALL, UM, VIA THE SUBDIVISION SUB SUBCOMMITTEE.
UM, MS. PERKINS IS LOOKING, IS, IS BRINGING SOME, SOME, UH, UH, INFORMATION BACK WITH YOU.
UH, AND IF YOU ALL HAVE ANY QUESTIONS ABOUT, ABOUT THAT, I, I AM HERE TO, TO ANSWER ANY QUESTIONS YOU ALL MIGHT HAVE REGARDING SUBDIVISION ORDINANCE OR ZONING, ZONING WARRANT SUB.
CAN YOU EXPLAIN THE, HOW LONG THAT PROCESS WILL TAKE AND, AND,
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YOU KNOW, PUBLIC HEARINGS FOR AND EVERYTHING? SURE, SURE.SO THAT, THAT PROCESS WILL TAKE MORE THAN LIKELY A CO A COUPLE OF MONTHS TO GO THROUGH THAT WHILE STAFF, UM, REVIEWS GENERAL, GENERAL ASSEMBLY UPDATES, AS WELL AS, UM, MEETING WITH OUR SUBCOMMITTEE, UM, TO GO OVER RECOMMENDATIONS.
UM, ONE OF THE THINGS WE DID IDENTIFY IN OUR SUBDIVISION SUBCOMMITTEE WERE AILMENTS THAT WERE WITHIN THESE ODING WARRANTS THAT WERE IN THE PURPOSE OF THE DISTRICT, BUT THEY DID NOT, THEY, THEY WERE NOT ENFORCEABLE.
UM, SO SOME OF THOSE, SOME OF THOSE, UH, UM, PORTIONS OF THE ZONING ORDINANCE, UM, THEY WERE PUT INTO, THEY WERE PUT INTO THAT SECTION, BUT THERE WAS NOTHING THAT YOU COULD TO, UM, REQUIRE APPLICANT TO DO ANYTHING.
YOU COULD ASK THEM THAT WE SUGGEST THAT YOU DO THESE THINGS, BUT THERE WAS NO PARTICULAR REQUIREMENT.
AND SO SHOULD, SHOULD THE, UH, COUNTY WANT TO REQUIRE THEM TO DO THAT, YOU'D HAVE TO ADD IT TO, UM, OTHER SECTIONS TO THE ORDINANCE.
SO I DO, I, AND FROM TALKING WITH THE SUBCOMMITTEE COMMISSION, UH, SUBDIVISION SUBCOMMITTEE, UM, THERE SEEMED TO BE AN OVERALL OVERWHELMING RESPONSE TO ADDRESS THOSE PARTICULAR DEFICIENCIES IN THE ORDINANCE.
AND IT, IT SOUNDED LIKE THERE WERE, UM, THERE WAS A NEED TO ADDRESS THOSE DEFICIENCIES.
SO, BUT IT, THIS PROCESS WOULD NORMALLY TAKE, UM, PROBABLY A COUPLE MONTHS TO DRAFT AND PROBABLY A COUPLE MONTHS TO REVIEW WITH OUR SUBCOMMITTEE SUBCOMMITTEE, UH, SUBDIVISION SUBCOMMITTEE.
UH, TO, TO, TO, UH, REVIEW IT BEFORE COMING TO THE PLANNING COMMISSION FOR PUBLIC HEARING, IN WHICH CASE IT WOULD BE A PUBLIC HEARING WITH THE P COMMISSION AND THEN ULTIMATELY A VOTE BY THE BOARD SUPERVISORS.
SO ARE YOU SAYING FOUR MONTHS BEFORE IT COMES TO THE COMMISSION, OR ARE YOU SAYING TWO? YOU SAID A COUPLE, BUT I
SO IF YOU'RE LOOKING AT TIME-WISE, PROB PROBABLY ABOUT FOUR MONTHS, PROBABLY A MINIMUM TIME.
BEFORE, BEFORE, BEFORE IT WOULD COME TO THE PA COMMISSION.
BUT IN THE MEANTIME, IT WILL COME TO THE SUBDIVISION SUBCOMMITTEE, CORRECT? CORRECT.
IT WOULD COME TO THE SUBDIVISION SUBCOMMITTEE BEFORE IT COMES TO THE FULL COMMISSION.
THAT STILL GIVES THE APPLICANTS ENOUGH TIME TO, UH, GET EVERYTHING IN ORDER THE, THE MONTHS YOU'RE TALKING TO.
THEY SHOULD HAVE EVERYTHING PRESENTED, UH, TO STAFF FOR APPROVAL OR PRE PRESENTATION FOR THE PLANNING COMMISSION.
SO THIS, THIS ONE, THIS ONE WOULD BE JUST BE FOR THE SUBDIVISION FOR SUBDIVISION ORDINANCE TO BE UPDATED.
UM, THAT'S, THAT'S ALL THAT IS.
SO I MEAN, THIS, WE WOULDN'T HAVE TO WORK ANY WITH ANY, WITH ANY, WITH ANY APPLICANTS WITH THIS ONE.
UM, IT, IT WOULD JUST BE, YOU KNOW, TWO MONTHS FOR STAFF REVIEW AND THEN REVIEWING IT WITH THE SUBCOMMITTEE, SUBCOMMITTEE COMMISSION, UM, AND THEN THE REST OF THE COMMISSION.
AND WE WOULD, WE WOULD ADVERTISE WHEN THOSE DATES WOULD BE FOR PUBLIC, FOR THE PUBLIC HEARING.
AND LET'S NOT FORGET LEGAL REVIEW YES.
SO, ANY OTHER QUESTIONS FROM THE COMMISSION REGARDING THE MOTION ORDER AND TO WHOMEVER WOULD LIKE TO MAKE A MOTION, THERE IS A WRITTEN MOTION HERE TO WHOMEVER WOULD LIKE TO TAKE A STAB AT IT.
I MAKE A MOTION THAT SUBDIVISION ORDINANCE AND ZONING ORDINANCE AMENDMENT RELATING TO SUBDIVIDING PROPERTY MOTION TO BRING FORWARD IN ACCORDANCE WITH THE VIRGINIA CODE SECTION 15.2 2 86 A SEVEN.
I MAKE A MOTION THAT PUBLICNESS NECESSITY TO CONVENIENT GENERAL WELFARE.
MR. NEWBY, COULD YOU SPEAK TO REQUIRE THAT AMENDMENTS TO THE SARA COUNTY SUBDIVISION? MR. NEWBY? OH, I'M SORRY.
COULD YOU, COULD YOU START OVER? WE COULDN'T CAPTURE ON THE, IN, IN THE MICROPHONE.
MR. MR. CHAIRMAN, I'LL MAKE A MOTION.
UM, FOR THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE AMENDMENT RELATING TO SUBDIVIDING PROPERTY MOTION TO BRING FORTH IN A ACCORD WITH THE VIRGINIA CODE SECTION 15.2 DASH 2 2 8 6 A SEVEN, UH, MAKE A MOTION THAT PUBLIC NECESSITY, CONVENIENT GENERAL WELFARE AND GOOD ZONING PRACTICE REQUIRE
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THAT AMENDING TO THE SUR COUNTY SUBDIVISION ORDINANCE AND ZONING ORDINANCE RELATING TO SUBDIVIDING PROPERTY BE BROUGHT FORTH TO THE PLANNING COMMISSION FOR PUBLIC HEARING, CONSIDERATION, AND ACTION ON SUCH AMENDMENT FOLLOWING THE PUBLIC HEARING.AND SECOND, THAT A MOTION, UM, TO BRING FORTH AN ORDINANCE TO AMEND PROVISIONS FOR THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE RELATIVE TO SUBDIVIDING PROPERTY HAS BEEN PROPERLY MOVED.
ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE.
ALRIGHT, MOVING ON TO THE NEXT AGENDA ITEM, PUBLIC COMMENTS.
ANYONE WISHING TO SPEAK, PLEASE COME.
STATE YOUR NAME, ADDRESS, AND YOU HAVE THREE MINUTES TO SPEAK.
I LIVED ON ROUTE 10, UH, NEAR THE OLD GLEBE FATHER WAS A BRYANT MOTHER WAS A WR AND I GREW UP SUCH A HAPPY CHILDHOOD HERE, AND I LEFT AND WENT TO RICHMOND TO GET A JOB.
AND EVEN AS I WAS DOING PAYROLL AT THIS COMPANY EVERY TWO WEEKS, I'D HAVE TO REMIND EVERYBODY TO SEND IN THEIR TIME SHEETS.
WELL, I WOULD ALWAYS WRITE A STORY TO THOSE FOLKS ABOUT BACK HOME, DOWN ON THE FARM IN SURREY COUNTY.
AND UNFORTUNATELY MY HUSBAND DIED.
AND, UH, BUT THEN GOD BROUGHT ME CHARLES SEXTON FROM SURY.
HE WAS FROM CLAREMONT, BUT WE MARRIED AND HE WAS PART OF THE HUBER CLAN.
AND HE AND I BUILT A HOUSE ABOUT A, AN EIGHTH OF A MILE, I GUESS, FROM PAUL REN.
NOW PAUL REN IS MY COUSIN, BUT I WAS SO HAPPY TO GET BACK IN SURREY COUNTY, BUT I WAS DISMAYED AT THE SOLAR PANELS THAT WERE HERE.
I'M SORRY, I JUST DON'T LIKE THEM.
I KNOW THEY MAKE PEOPLE RICH AND THAT'S FINE, BUT I DON'T LIKE THEM.
AND NOW THE, WITH THIS SUBDIVISION COMING, I JUST FEEL LIKE WE'RE LOSING SURREY COUNTY.
WE'RE LOSING IT AND IT'S GONNA BE LIKE SMITHFIELD OR RICHMOND.
BECAUSE IF YOU LET THIS GO THROUGH, WHAT'S GONNA STOP YOU FROM SAY, IF I WANTED TO DEVELOP MY 79 ACRES INTO A SUBDIVISION, WHO'S GONNA OPPOSE IT? I MEAN, YOU, YOU'RE SETTING A PRECEDENT FOR, FOR GROWTH IN SURREY COUNTY.
BUT PAUL RAN, LIKE I SAID, AS MY COUSIN AND RAY BULLS WENT TO HIM AND ASKED YEARS AGO, COULD HE BUY ONE ACRE TO BUILD A HOUSE ON? AND PAUL RENS GOT THIS EYE PROBLEM, HIS EYES WET AND HE WOULD PULL HIS HANDKERCHIEF OUT AND JUST WIPE HIS EYES.
BUT ANYWAY, HE HESITATED AND HE SAID, I'D RATHER SEE THE SQUIRRELS RUN.
AND THAT'S HOW I FEEL ABOUT IT.
ANYONE ELSE? ALRIGHT, MOVING TO THE NEXT AGENDA ITEM COMMITTEE UPDATES.
AT THIS TIME, UH, FOR COMMITTEE UPDATES, WE WOULD, WE STILL, WE'LL STILL BE WORKING WITH TWO ACTIVE COMMITTEES RIGHT NOW.
UM, OUR SUBDIVISION SUBCOMMITTEE AND AS WELL AS OUR, OUR PLANNING COMMISSION SUBCOMMITTEE, YOU ALL WILL START BE I GUESS BOTH COMMITTEE, BOTH SUBCOMMITTEES WILL BE RELATIVELY BUSY OVER THE NEXT COUPLE MONTHS, UH, WORKING ON A, UH, SUBDIVISION ORDINANCE AS WELL AS WORKING ON A COMPREHENSIVE PLAN AMENDMENT.
UM, SO THAT, YOU KNOW, WE'LL BE WORKING WITH OUR CONSULTANTS WITH THE COMPREHENSIVE PLAN AMENDMENT AND STAFF WILL BE WORKING ON THE SUBDIVISION ORDINANCE.
SO BOTH, BOTH COMMITTEES WILL BE SURE TO HAVE A, HAVE A LOT OF WORK.
SO EVERYBODY WILL COME BACK INTO THE TABLE AND, AND SHARE WITH EVERYBODY ELSE THERE, THEIR INFORMATION.
UM, BUT WE LOOK FORWARD TO WORKING WITH YOU ALL OVER THE NEXT COUPLE OF MONTHS, OVER, OVER THOSE TWO DIFFERENT PROJECTS.
MR. WADE, PC SECRETARY OF COMMUNICATIONS.
AND I WANT TO GIVE THE FLOOR OVER TO OUR, OUR COUNTY ATTORNEYS CAN GIVE US A LEGAL UPDATE.
[00:15:01]
EVENING PLANNING COMMISSIONERS.SO WE ARE NOW, UM, IN JULY, HARDS BELIEVE THE END OF JULY.
UM, AND THE GENERAL ASSEMBLY MET EARLIER THIS YEAR AND ENACTED SEVERAL NEW LAWS, UH, SOME OF WHICH HAVE A SIGNIFICANT IMPACT TO THE WORK THAT YOU ALL DO.
SO I WANTED TO PROVIDE AN UPDATE, UM, AS TO ONE, ONE LAW CHANGE IN PARTICULAR.
UM, SO AGAIN, AS I STATED EARLIER, THEY MADE, UM, THEY MADE SEVERAL, THE GENERAL ASSEMBLY MADE SEVERAL CHANGES TO VIRGINIA CODE SECTIONS THAT HAVE SIGNIFICANT IMPACTS TO THE AUTHORITY THAT IS GIVEN UNDER THE CODE TO GOVERNING BODIES AND PLANNING COMMISSIONS.
UM, AND JUST AS A A REMINDER, VIRGINIA IS WHAT'S CONSIDERED A DI RURAL STATE.
SO WHAT THAT MEANS IS THAT LOCALITIES CAN ONLY DO WHAT THE GENERAL ASSEMBLY, WHAT THE STATE GIVES THEM THE AUTHORITY TO DO.
UH, IT'S OFTEN REFERRED TO AS THE MOTHER MAY I, UH, TYPE OF LEGAL STRUCTURE, UH, TO LOCALITIES.
THERE'S SOME STATES IN THE US THAT ARE WHAT'S WHAT'S CALLED HOME RULE STATES.
AND IN THOSE STATES, THE LOCALITIES CAN, UM, YOU KNOW, MAKE UP, MAKE UP THE RULES THAT THEY WANT FOR THEMSELVES.
BUT AGAIN, THAT IS NOT THE SITUATION WE ARE IN HERE IN VIRGINIA.
SO THE AUTHORITY THAT EXISTED GIVING THE PLANNING COMMISSION, UH, THE POWER TO REVIEW, APPROVE OR DENY SUBDIVISION PLATS HAS IN FACT BEEN ELIMINATED BY THE GENERAL ASSEMBLY.
UM, THE TASK OF REVIEWING AND ACTING ON SUBDIVISION PLATS SITE PLANS AND PLANS OF DEVELOPMENT IS NOW EXCLUSIVELY WITH THE DESIGNATED AGENT OF THE COUNTY.
WHILE BEFORE THERE WAS MORE FLEXIBILITY WHILE THE AGENT WAS A PART OF THE EQUATION, THERE WAS MORE FLEXIBILITY, UM, FOR THE AGENT TO COME TO THE PLANNING COMMISSION.
UM, AND IN, IN CERTAIN SCENARIOS, UM, THE GOVERNING BODY AND, UM, THE GOVERNING BODY OR THE PLANNING COMMISSION WOULD MAKE THAT APPROVAL OR DENIAL DETERMINATION AGAIN, THAT THAT AUTHORITY HAS BEEN STRIPPED, STRIPPED BY THE GENERAL ASSEMBLY.
I DO NOT KNOW THE HISTORY OF THE BILL.
I DO NOT KNOW HOW IT CAME ABOUT.
UM, UN UNFORTUNATELY, I'VE, I'VE DONE A, A LITTLE BIT OF RECONNAISSANCE ASKING AND HAVE NOT BEEN ABLE TO GET A STRAIGHT ANSWER FROM ANYONE.
THE BILL WAS INTRODUCED AND IT WENT THROUGH THE GENERAL ASSEMBLY AND WAS APPROVED AND SIGNED BY THE GOVERNOR.
SO THE LAW SPECIFICALLY SAYS THAT THE DESIGNATED AGENT CANNOT BE THE LOCAL PLANNING COMMISSION EXCEPT WHERE THE POPULATION OF A JURISDICTION IS 5,000 OR LESS.
SO, UM, IN CASE ANYBODY WAS THINKING, WELL, HEY, CAN THE PLANNING COMMISSION BE THE DESIGNATED AGENT? UNFORTUNATELY THAT IS NOT PERMITTED BY THE CURRENT STATE OF THE, OF THE LAW.
UM, THIS CHANGE WENT INTO EFFECT ON JULY 1ST, 2025.
UH, WHEN I FIRST HEARD ABOUT THIS CHANGE, AND I BELIEVE I ALLUDED TO IT DURING OUR SUBDIVISION SUBCOMMITTEE MEETING, UM, WHEN I FIRST HEARD ABOUT IT, UH, I, I KIND OF WORKED UNDER AN ASSUMPTION IT WOULD CONTAIN SOME GUIDANCE AS TO HOW PENDING APPLICATIONS SHOULD BE TREATED.
YOU'RE ALL FAMILIAR WITH THE CONCEPT OF GRANDFATHERING.
WELL, WHEN I WENT BACK AND, UH, TOOK A DEEPER DIVE INTO THE CHANGE THAT WAS MADE BY THE GENERAL ASSEMBLY, CONSULTED WITH COLLEAGUES, CONSULTED WITH OUTSIDE COUNSEL, THERE IS NO GRANDFATHERING PROVISION IN THE NEW LAW.
UM, THERE IS NO, UM, TREATMENT, NO GUIDANCE AS TO HOW PENDING APPLICATIONS SHOULD BE TREATED.
SO BECAUSE OF THAT, THAT MEANS THAT THE NEW LAW WOULD APPLY, UM, TO ANYTHING THAT IS PENDING ANY, UM, PLAT OR PLAN THAT IS NEWLY SUBMITTED AFTER JULY 1ST.
AND THAT MEANS IT WOULD APPLY TO THE S SPRATLEY MILLS SUBDIVISION PLAT PRELIMINARY PLAT THAT YOU ALL HAVE BEEN CONSIDERING, UH, SINCE MAY SINCE YOUR MAY MEETING.
UM, SO THEREFORE, TO BE IN COMPLIANCE, UH, WITH VIRGINIA CODE, THE APPROVAL OR DENIAL OF THE SPR, THE SLY MILL, PRELIMINARY SUBDIVISION PLAT CANNOT REMAIN WITH THE PC.
AND IT HAS TO, THAT DECISION IS GOING TO BE MADE BY THE AGENT WHO IS MR. WADE.
I'M GONNA TURN THE MIC OVER TO MR. WADE.
UM, HE DOES WANT TO PROVIDE SOME TECHNICAL UPDATES ON THE PROJECT, UH, AGAIN, EVEN, EVEN THOUGH IT'S BEEN TAKEN OUT OF YOUR HANDS BY THE GENERAL ASSEMBLY.
UM, WE DO WANT TO ACKNOWLEDGE THE WORK THAT YOU ALL HAVE DONE, MOST PARTICULARLY THE SUBDIVISION SUBCOMMITTEE ON THIS.
SO, MR. WADE, TAKE IT AWAY AND I'M HAPPY TO ANSWER ANY QUESTIONS AFTERWARDS.
ALRIGHT, YOU JUST HEARD FROM MS. PERKINS THAT THAT LANDSCAPE FOR, UM, THE PLANNING COMMISSION TO PROVEN PLOT LIKE THIS HAS CHANGED DRASTICALLY BY THE GENERAL ASSEMBLY.
[00:20:01]
UM, YOU KNOW, AS, AS THE, THE APPLICANTS DO PLAN TO RESUBMIT, IF AND WHEN THIS PROJECT IS RESUBMITTED, IT IS MY RESPONSIBILITY TO REVIEW THAT THOSE PLATS, UM, WHILE PC NO LONGER HAS THE AUTHORITY, UM, BECAUSE THIS DID COME TO YOU AND THERE WAS SOME VALUABLE INPUT, I WANTED TO SHARE WITH YOU HOW THIS, UH, THIS PARTICULAR PROJECT DID, UH, DID, DID, UH, EVOLVE OVER TIME, UH, ON THE BRIEF, UH, ON THE EFFORTS OF STAFF, UH, YOU ALL AND, AND, AND THE APPLICANT.UM, FIRST I WANNA ADDRESS YOU ALL WITH YOU ALL THAT THE, LET'S SEE, I THINK SOME OF, SOME OF YOU ALL SAW IN YOUR PACKETS THERE ARE, SEE THAT THE DIVISION PLOT IS IN YOUR, IN YOUR PACKET FROM, FROM BEFORE.
UM, THEY, THEY, THEY REDUCED THE NUMBER OF LOTS FROM 32 TO 25.
UM, THEY ALSO, IF YOU NOTICED HERE, THEY PRESERVE WETLANDS AT THE INTERSECTION OF RALEY MILL AND NEW DESIGN.
YOU SEE, THIS AREA HERE IS NO LONGER A, A LOT THAT THEY WOULD HAVE AS PART OF THE SUBDIVISION.
UM, THEY'VE ALSO REMOVED ENTRANCES ALONG NEW DESIGN ROAD.
THEY ALSO CLARIFIED IN THE NEW DRAWING, UM, HERE, LET'S SEE WHERE THE ENTRANCE WOULD BE LOCATED ON SOME OF THESE ROADS AND, AND SOME, AND, AND SOME OF THESE IN, IN THESE PLOTS, THEY HAVE ACTUAL SHARED ENTRANCES ALONG RALEY MILL.
AND THERE IS ALSO A LOT THAT'S CONTAINED IN THE EXISTING RESIDENCE HERE THAT PRESERVES THE FIELD AND THAT VICINITY OF THE HOUSE OF DEVELOPMENT, THE PRE THE PRESERVATION OF THAT PARTICULAR FIELD IS CRITICAL BECAUSE IN STATS RESEARCH, THAT FIELD HAS PRODUCED HIGH AGRICULTURAL YIELDS COMPARED TO OTHER AREAS IN THE COUNTY.
AND THEREFORE I UNABLE, UNABLE TO BE SUBDIVIDED PER THE SERIES EARNING ORDINANCE.
WE CAN TAKE A LOOK AT THAT ORDINANCE AND WE, WE'LL BRING, WE'LL BRING IT UP IN OUR, UH, HERE OR OUR UNICODE.
AND THIS IS AN EXERCISE TWO FOR YOU.
I'LL SEE HOW FAST YOU I CAN DO IT.
AND IT DOESN'T TAKE THAT LONG TO GO THROUGH IT.
JUST GOTTA KNOW WHAT YOU'RE LOOKING FOR.
SO WE'RE LOOKING AT THE, THE AR DISTRICT, AND THIS, THIS IS WHERE THIS DISTRICT IS AR SO YOU WOULD FIND THAT PARTICULAR SECTION UNDER THREE DASH 3 0 3 A TWO B.
THAT PARTICULAR IS THE LAYOUT SHALL MEET.
THIS IS WHAT, THIS IS WHAT THAT SECTION STATES IN THERE TO A RESIDENTIAL USE WHEN A LOT OF LESS THAN 10 ACRES AND LOCATED IN AGRICULTURAL FILLER PASTURE SHALL MEET THE FOLLOWING ADDITIONAL CRITERIA.
SO WE, WE LOOKED AT A, WE DON'T HAVE THAT PROGRAM HERE.
WE LOOK AT B, THE LAYOUT SHALL MEET AT LEAST WHEN THE FOLLOWING CRITERIA.
WE'VE LOOKED THROUGH THIS AND, AND TOOK OUT 2, 3, 4, AND FIVE.
SO WE GO BACK TO WHAT, WHAT THERE IS IN ITEM, UH, ONE OR I, THAT THE CROP HAS NOT HISTORICALLY PRODUCED HIGH AGRICULTURAL YIELDS RELATIVE TO OTHER SOILS IN THE COUNTY, OR THE FIELD IS OF IRREGULAR SHAPE, SUCH AS THE TRADITIONAL CULTIVATION METHODS ARE OF NOT A FIT, EFFICIENT IN THE OPINION OF A QUALIFIED PUBLIC AGENCY BASED ON FACTUAL INFORMATION SUCH AS CROP YIELDS.
SO ONE OF THE THINGS THAT WE LOOKED AT HERE, UM, WAS WHAT, WHAT IS, YOU KNOW, WHAT IS, WHAT IS THE PUBLIC AGENCY? UM, BUT YOU KNOW, WHICH AGENCY IS, IS THE RIGHT AGENCY TO LOOK AT.
BUT WHEN STAFF ANALYZES, WE LOOK THROUGH, UM, MAPS OF THE, UH, DEPARTMENT OF CONSERVATION AND RECREATION AND, AND IT WAS IN YOUR STAFF REPORTS, BUT I'LL, I'LL, I'LL BRING IT UP HERE.
NOW, UM, THIS IS THAT PROPERTY HERE.
UM, THIS IS, UM, OUTLINE OF IT.
THIS IS ANOTHER, ANOTHER, ANOTHER, UM, SHAPE FILE, ANOTHER FORM FROM GIS.
BUT THIS IS THE LAYER THAT IS TAKEN FROM DEPARTMENT OF CONSERVATION RECREATION.
AS YOU NOTICE, THE HIGH, THE, THE PINK IS, IS LABELED HIGH OR HIGH VALUE AGRICULTURAL PROPERTY.
[00:25:01]
EVERYONE IS LESS THAN THAT WOULD BE NOT, NOT OF HIGH YIELD.SO YOU SEE THE PINK HERE IS WHERE IS, IF YOU'RE LOOKING AT THAT AERIAL PHOTO, THAT'S WHERE THAT HOUSE IS LOCATED.
AND IF YOU LOOK AT THE PRIMARY PLAT, YOU'LL ALSO NOTICE THAT'S THE AREA THEY HAVE PRESERVED AND SET ASIDE.
THAT'S NOT PART OF THE, THAT'S NOT PART OF THE SUBDIVISION.
WE ALSO NOTICE THAT THE AREAS, THE OTHER AREAS HERE, UM, THEY ARE, THERE'S BEIGE IS AS BEST THREE.
UM, THESE AREAS, AS WE LOOK BACK, AGAIN, THIS, THEY, THEY'RE NOT, THEY'RE, THEY MAY BE PART OF A FIELD, BUT THEY DO NOT HAVE HIGH YIELD OR HIGH VALUE.
UM, AND THAT THIS IS TAKEN FROM A MODEL FROM THE, UH, DEPARTMENT OF CONSERVATION RECREATION.
THIS, THIS GIVES YOU A LITTLE ZOOMED OUT POINT OF VIEW THROUGHOUT, THROUGHOUT THE COUNTY OF SHOWING THERE'S SIGNIFICANT NUMBER OF HIGH YIELDING PROPERTIES OR, OR AGRICULTURAL PRODUCTS THROUGHOUT THE COUNTY.
THE ONE, THE ONE, THE AREA FOR ONE THAT REALLY DOESN'T HAVE MUCH VALUE THERE.
UM, BUT FIVE IS HIGH, WHERE THE PINK IS.
UM, AND THIS IS, UH, ONE OF THOSE AREAS THAT SHOWS, UM, THERE'S A MODEL HERE, BUT WE CAN GO BACK TO THE HERE.
BUT THIS IS, THIS IS THAT, THAT FIELD HERE THAT DOESN'T SHOW IT, IT, IT SHOWS LESS THAN HIGH VALUE FOR THE, FOR THESE LOTS FROM ONE THROUGH 10 HERE THAT CORRESPOND TO WHAT YOU SEE IN THIS PARTICULAR MAP HERE.
UM, AND WHAT YOU ALSO MAY NOTICE TOO, IS ON THE OTHER SIDE OF THE STREET, WELL, HORACE, THERE'S THIS AREA HERE THAT'S PINK, UM, ON THE SOUTH SIDE OF A SPRATLEY MILL.
BUT THIS AREA WAS NOT PART OF A FIELD.
IT WAS TREES, WHICH IS WHAT OUR ORDINANCE DOESN'T SPEAK TO ABOUT TREES.
IT JUST SAYS, NOW I'LL POINT OUT SPECIFICALLY WHAT IT SAYS.
IT SAYS CROP LAND AND THAT, AND, AND OR THE OF THE FIELD, OUR CULTURAL YIELDS, RELATIVE SOILS IN THE COUNTY, WERE CROP LAND.
SO THAT'S NOT, WE, WE'RE NOT ASSOCIATING THAT WITH THE SAME THING.
SO THAT, THAT WAS OUR ANALYSIS BASED ON THAT.
UM, I DO KNOW THAT, WELL, THEY HAD SOME OTHER THINGS TO SHARE WITH YOU ALL.
UM, SO AS PART OF, UH, STAFF'S ANALYSIS AND, AND TRYING TO DETERMINE, UM, WHAT CONSTITUTES A, YOU KNOW, PUBLIC, PUBLIC AGENCY, UM, WHAT, WHY IS THIS DATA ADEQUATE, SUFFICIENTLY ADEQUATE, UM, AND WHY DOES IT COMPLY WITH WHAT THE LANGUAGE IN OUR ORDINANCE SAYS? UM, SO REALLY MY, I STEPPED IN TO TAKE A LOOK AT THE VALIDITY OF THE DATA, UM, WHICH I CONFIRMED.
AGAIN, THIS IS DATA THAT WAS TAKEN.
STAFF TOOK THIS DATA FROM AN OFFICIAL DCR WEBSITE FROM SHAPE FILES THAT ARE ON THE WEBSITE.
UM, I REVIEWED THE TECHNICAL REPORT THAT ACCOMPANIED THIS DATA AND FOUND THAT IN, IN MY OPINION, IN MY LEGAL OPINION, IT MEETS THE REQUIREMENTS OF BEING AN OPINION FROM A PUBLIC AGENCY.
DCR IS 100%, NO DOUBT, A PUBLIC AGENCY.
UM, THE ORDINANCE PROVIDES FLEXIBILITY AND IT PROVIDES FLEXIBILITY ON TWO LEVELS.
SO THE FIRST FLEXIBILITY, AND AGAIN, THIS IS THAT LANGUAGE, AND LET ME JUST, LET ME JUST PULL IT BACK UP SO THAT WE'VE GOT IT.
UM, WHERE IS THE ORDINANCE LANGUAGE? IS THAT, THAT OVER HERE? AH, HERE WE GO.
SO, UM, SO WE LOOK AT, UM, IN THE OPINION OF A QUALIFIED PUBLIC AGENCY.
AGAIN, THAT ALLOWS FLEXIBILITY.
UM, STAFF DID, UH, DO THEIR DUE DILIGENCE.
UM, I MYSELF REACHED OUT TO A CONTACT AT, UM, ONE OF THE, ONE OF THE BRANCHES OF THE USDA.
UM, THERE WAS ALSO OUTREACH TO THE EXTENSION OFFICE BECAUSE THAT'S SOMETHING THAT HAS BEEN USED IN THE PAST, UM, WHEN THIS, OR THIS SAME TYPE OF LANGUAGE HAS BEEN TRIGGERED IN YEARS AGO WHEN THESE TYPES OF, UM, MATTERS WENT TO THE BOARD OF ZONING APPEALS.
UM, SO AGAIN, WE'VE REACHED OUT TO THE EXTENSION OFFICE, AND AGAIN, THEY'VE REACHED OUT TO DCR AND GOT THIS INFORMATION FROM, UM, CERTIFIED DATA THAT IS ON D C'S, PUBLIC, PUBLIC FACING, UM, WEBSITE.
UM, SO ALL THAT TO SAY, I FOUND THE DATA TO BE LEGITIMATE.
[00:30:02]
UM, WITH RESPECT TO THE SECOND PORTION WHERE FLEXIBILITY IS PROVIDED BY THIS ORDINANCE, UM, IT TALKS ABOUT, UM, BASED UPON FACTUAL INFORMATION SUCH AS CROP YIELD REPORTS.LET'S TALK ABOUT THAT FOR A MOMENT.
FIRST OF ALL, THE LANGUAGE SAYS SUCH AS, SO CROP YIELD REPORTS WERE INTENDED.
THE, THE INTENTION WHEN THIS ORDINANCE WAS ENACTED IS THAT CROP YIELD BE ONE OF THE THINGS THAT CAN BE CONSIDERED, BUT NOT THE EXCLUSIVE THING THAT CAN BE CONSIDERED.
AND I SUSPECT THE REASON FOR THAT IS BECAUSE CROP YIELD INFORMATION IS PROPRIETARY.
AND SO UNLESS A FARMER IS WILLING TO SHARE THAT INFORMATION, THAT INFORMATION CANNOT BE REQUIRED BY ANY PUBLIC AGENCY OR BY THE COUNTY TO BE DISCLOSED TO THE COUNTY.
UM, IN THIS PARTICULAR CASE, UH, THE OWNER OF THE PROPERTY IS NOT THE FARMER OF THE PROPERTY.
CURRENTLY, THE PROPERTY IS LEASED, AND THE FARMER WHO LEASES THE PROPERTY HAS BEEN UNWILLING TO PROVIDE THAT CROP YIELD INFORMATION.
SO REALLY IN CERTAIN RESPECTS, EVEN IF WE WANTED TO USE CROP YIELD DATA, OUR HANDS WERE TIED.
BUT AGAIN, THE ORDINANCE PROVIDES US WITH THAT FLEXIBILITY, WHICH ALSO WENT INTO MY DETERMINATION THAT THE, THE DATA THAT WAS GATHERED BY STAFF FROM DCR AND THAT YOU SAW IN THOSE MAPS EARLIER, AND LET ME PULL THE MAPS BACK UP, IF I CAN FIGURE THAT OUT.
CAN YOU HELP ME, MR. RIGHT? THANK YOU.
UM, THAT, THAT DATA, THAT THAT DATA AND, UM, AGAIN, MET THE REQUIREMENTS OF THE ORDINANCE, NOW I UNDERSTAND THERE'S BEEN, THERE'S BEEN SOME, SOME DISCUSSION ABOUT WHETHER THAT DCR DATA IS REALLY THE, THE BEST DATA IF IT MEETS THE REQUIREMENTS OF THE ORDINANCE.
UM, SO I AM IN THE PROCESS OF, OF GETTING A SECOND OPINION ON THAT, UH, AND CONSULTING WITH OUTSIDE THE LEGAL COUNSEL.
UM, AND SO AGAIN, WE ARE DOING OUR DUE DILIGENCE, UH, TO MAKE SURE THAT WE ARE MEETING THE REQUIREMENTS OF THE ORDINANCE.
SO I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THAT PIECE OF THINGS.
IF NOT, I'LL TURN IT BACK OVER TO MR. WAYNE.
ANY QUESTIONS OF THE COMMISSION? OKAY, THAT'S TRUE.
MAYBE I JUST, ONE FOLLOWING SAYS THE LAYOUT SHALL MEET AT LEAST ONE OF THE FOLLOWING.
SO OTHER CRITERIA, DOES IT MEET, DOES IT NOT MEET 2, 3, 4, 5? IT DOES NOT, NO.
ALL THOSE, IT DOESN'T MEET, CORRECT.
IT'S, UH, THOSE HAVE BEEN RULED OUT BY STAFF.
UH, IN THE EVENT THAT, UH, MR. WADE NOW HAS, HAS EXCLUSIVE RIGHT TO MAKE THE DECISION.
DOES THAT ELIMINATE HAVING PUBLIC HEARINGS ON THE MATTER? SO THERE WERE NEVER TO BE PUBLIC HEARINGS ON THIS MATTER, SO THE APPROVAL OR DENIAL OF A PRELIMINARY SUBDIVISION PLAT OR EVEN A FINAL PLAT DO NOT REQUIRE A PUBLIC HEARING.
WHERE PUBLIC HEARINGS WOULD BE REQUIRED IS WHEN WE EVALUATE THE SUBDIVISION ORDINANCE.
IF, IF AMENDMENTS ARE RECOMMENDED TO THE SUBDIVISION ORDINANCE, THEN THAT IS SOMETHING THAT WOULD HAVE TO GO THROUGH THE PUBLIC HEARING PROCESS HERE AT THE PLANNING COMMISSION AND ALSO AT THE BOARD OF SUPERVISORS LEVEL.
ANY OTHER QUESTIONS FROM THE COMMISSIONER? NO, THAT'S PERFECT.
I THINK, MR. YEAH, I JUST WANNA THANK, THANK THE PC AND THE COMPANY SUBCOMMITTEE COMM, UH, FOR THEIR TIME AND ATTENTION TO THIS, THIS PARTICULAR PROJECT.
UM, IT DID IDENTIFY SEVERAL AREAS THAT THE SUBDIVISION OR COULD, COULD BENEFIT.
UM, AND WE'LL BE WORKING WITH, UM, I GUESS POINT THE PLANNING COMMISSION AND STAFF TO, TO MAKE SOME OF THESE, SOME OF THESE, UH, I GUESS ADDRESS SOME OF THE DEFICIENCIES THAT WE KIND OF, WE'VE SEEN.
UM, AND AS, AS WE CONDUCT THESE REVIEWS, WE'LL BE EVALUATING ANY ORDINANCE AMENDMENTS THAT ARE NEEDED DUE TO ALL, ALSO TO THROUGH CHANGES OF LAW FROM THE GENERAL ASSEMBLY AS WELL.
UM, SO I DO, I DO THANK YOU ALL FOR YOUR TIME ON THAT.
I'VE, I'VE GOT A QUESTION, UM, ON THE, UH, UPDATES WE MAY DO TO THE SUBDIVISION ORDINANCE.
CAN THE COUNTY ORDINANCE BE MORE RESTRICTIVE THAN STATE CODE? IT DEPENDS.
UM, AND IT DEPENDS BECAUSE THERE ARE CERTAIN OF REQUIRED PROVISIONS THAT ARE REQUIRED TO BE IN THE SUBDIVISION ORDINANCE.
AND, AND I DO NOT HAVE THOSE MEMORIZED,
[00:35:01]
BUT, UM, THEY ARE SET OUT IN VIRGINIA CODE.UM, SOMETIMES VIRGINIA CODE WILL PROVIDE A LOCALITY WITH FLEXIBILITY AND WILL SAY, IF A LOCALITY WOULD LIKE TO ENACT AN ORDINANCE THAT DOES X, Y, OR Z, YOU CAN GO AHEAD AND DO THAT.
SO THAT WILL BE PART OF THE LEGAL REVIEW.
I, I KIND OF POPPED IN AND REFERENCED EARLIER
BUT CODE CODE GIVES, UH, THE PLANNING COMMISSION, UH, THE AUTHORITY TO UPDATE SUBDIVISION ORDINANCE, RIGHT? IT, IT GIVES THE PLANNING COMMISSION THE ABILITY TO RECOMMEND UPDATES TO RIGHT, TO THE, TO THE SUBDIVISION ORDINANCE.
SO ANY ORDINANCE THAT FALLS UNDER ZONING PLANNING HAS TO GO TO THE PLANNING COMMISSION FOR YOUR REVIEW FOR A PUBLIC HEARING AT THE PLANNING COMMISSION, BUT THEN IT GOES TO THE GOVERNING BODY.
SO YOU ALL WOULD OFFER A RECOMMENDATION AS, AS, AS YOU DO ON, YOU KNOW, OTHER THINGS LIKE CS AND, AND REZONINGS.
SO YOU ALL WOULD ISSUE A RECOMMENDATION REGARDING THE, UM, THE POTENTIAL AMENDMENTS, AND THEN THOSE WOULD GO TO THE BOARD OF SUPERVISORS FOR A PUBLIC HEARING AT THE BOARD AND EITHER APPROVAL OR DENIAL.
I DID HAVE A QUESTION FOR MR. WADE.
OKAY, MIKE, UM, GO BACK TO THE MAP.
UM, SO THIS, THE OTHER PAGE OF THIS ONE, UM, THE ONE THAT HAS GREEN ON, IT'S PROBABLY THE BETTER ONE TO SHOW THIS ONE.
SO, UM, I KNOW YOU CAN'T SEE IT, BUT DOWN HERE IN THE KIND OF BOTTOM LEFT, YOU SEE THERE'S LOTS, UM, MS. MS. CHIEF, I'M SORRY, COULD YOU SPEAK UP PLEASE? WE ARE OKAY.
UM, DOWN HERE ON THE LOWER LEFT, RIGHT, DO YOU SEE THERE'S A GREEN AREA THAT CROSSES THOSE LOTS ON, ON THIS SIDE OF THE STREET? I DON'T KNOW WHAT ELSE.
RIGHT, RIGHT AROUND HERE IS, YES, SIR.
IS THAT IT? SO HOW, HOW DOES, IS THAT HANDLE AS FAR AS AN ENTRANCE COMING INTO THOSE? UM, LOTS.
THE, THE, THE DEVELOPER GO FOR A WETLANDS PERMIT EITHER THROUGH A STATE OR A FEDERAL AGENCY.
SO THEN HE CAN JUST WHAT PUT ROCKS OVER IT OR THERE ARE CERTAIN, THERE ARE CERTAIN REQUIREMENTS.
THE STATE, THE STATE HAS THAT YOU HAVE TO MEET WITH THE STATE, UM, THAT THEY, THEY DO ALLOW WETLANDS CROSSING PERMITS.
SO THAT, THAT'S SOMETIMES THEY PUT LIKE A CULVERT OVER OR SOMETHING LIKE THAT TO PUT A DRIVEWAY THROUGH IT SO THAT THE WETLANDS CAN CONTINUE STILL FLOW AND CAN STILL FLOW THROUGH.
BUT THOSE, THOSE ARE, THOSE ARE SOMETHING THAT PEOPLE WE SEE IN CONSTRUCTION ALL THE TIME.
SO THAT, THAT'S, THAT'S NOT ANYTHING ABNORMAL THAT STOP IT.
ANY OTHER QUESTIONS OF THE COMMISSION? IF NOT, MR. WADE AND MS. PERKINS, THANK YOU FOR THE UPDATES.
ARE THERE ANY OTHER CONCERNS OF THE COMMISSION, IF NOT THOSE MEMBERS THAT ARE ON THE SUBDIVISION, UM, SUBCOMMITTEE, AS MR. WADE SAID, I THINK THERE WILL BE WORK TO DO.
UM, AS REFERENCED BY THIS PROJECT, THERE ARE SOME, SOME THINGS WITHIN THE SUBDIVISION ORDINANCE THAT NEEDS TO BE ADDRESSED THAT ARE OUT OF COMPLIANCE.
AND I KNOW THAT STAFF WILL WORK ALONG WITH THOSE REPRESENTATIVES TO MAKE SURE THAT THAT IS, THAT IS CORRECTED.
UM, OUR NEXT MEETING AS IT STANDS WILL BE AUGUST THE 25TH.
UM, I DON'T KNOW IF WE HAVE ANYTHING ON THE AGENDA FOR THAT AS OF YET, BUT THAT'S OUR NEXT MEETING DATE.
IF, IF NOT MR. WILLIAMS? NO, THERE, THERE, THERE, THERE, THERE.
MAY IT, IT MAY MAKE THIS DEPEND DEPENDING ON TIME FOR ADVERTISING.
WE DO, MAYBE YOU ALL MADE A MOTION BACK.
I THINK IT WAS, WAS IT, WAS IT MARCH? ABOUT A HISTORIC PRESERVATION ORDINANCE? MM-HMM
WE, WE MAY HAVE TIME FOR THAT TO BE HEARD, UH, IN, IN AUGUST.
UM, BUT I, I THINK IT DEPENDS ON, UM, THE SCHEDULE.
WE HAVE TIME TO, TO FINISH, UM, DRAFT DRAFTING AND, AND, UH, AND, AND REVIEWING IT.
SO I, SO I, I, WE'LL, WE'LL, WE'LL SEE IF WE HAVE TIME.
IF NOTHING ELSE, I'LL ENTERTAIN A MOTION FOR ADJOURNMENT.
START AUGUST THE 25TH MEETING.