Chairman John England called the June 12, 2008 regular meeting of the Planning Commission to order at 7:30 P.M.

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1 AT A MEETING OF THE MIDDLESEX COUNTY PLANNING COMMISSION HELD ON THURSDAY, JUNE 12, 2008 IN THE BOARDROOM OF THE HISTORIC COURTHOUSE, SALUDA, VIRGINIA: Present: John England, Chairman, Saluda District J. D. Davis, Vice Chairman, Saluda District Melvin Beverley, Secretary, Jamaica District Garrison Hart, Jamaica District Theresa Anderson, Saluda District Gordon Jones, Saluda District Buck Boyd, Pinetop District Alvin Wake, Pinetop District David Johnson, Pinetop District Marilyn South, Pinetop District Jack Miller, Board of Supervisors Tripp Little, Interim Planning Director Cathy Shiflett, Planning Secretary CALL TO ORDER Chairman John England called the June 12, 2008 regular meeting of the Planning Commission to order at 7:30 P.M. APPROVAL OF MINUTES On a motion by Commissioner Davis, seconded by Commissioner Wake, and carried by unanimous vote, the minutes of the May 8, 2008 meeting were approved with corrections. PLANNING DIRECTOR S REPORT Mr. Little commented that the Board of Supervisor s actions were as stated on the Agenda, and additionally stated there was one case scheduled for the Board of Zoning Appeals in June PUBLIC HEARING A. Special Exception # Request is to allow the keeping of two (2) horses in a Residential (R) zoning district. Submitted by Jeter and Patricia Reamy. recommending approval of Special Exception # with the following condition: 1) 1

2 per the applicant s request, Tax Map Parcel # (Lot 5) shall be permitted to have a maximum of two (2) horses. Mr. and Mrs. Reamy, applicants, were in attendance. Mrs. Reamy stated that they planned to purchase one (1) mini-horse and keep it in a secluded area. With there being no further comment from the public Chairman England closed the public hearing. Chairman England commented that he did not see a problem with the request. Commissioner Miller expressed agreement. Mr. Little commented that staff had receive one (1) telephone call expressing support, and no objections. On a motion by Commissioner Davis, seconded by Commissioner Johnson, and carried by unanimous vote, Special Exception # was recommended for approval. B. Special Exception # Request is to allow the operation of a nursery business specializing in the sale of erosion and sediment control vegetation. Submitted by James G. Meredith. recommending approval of Special Exception # as proposed. Michelle Meredith, the applicant s wife, explained the intent of the proposal was to benefit customers of their marine construction business as well as the Chesapeake Bay. She stated a desire to show waterfront homeowners the benefits of installing wetlands vegetation with the goal of reducing pollution in the Bay. Mrs. Meredith explained that the grasses are ordered from New Jersey and the operation would be small, rather than a large commercial nursery. With there being no further comment from the public Chairman England closed the public hearing. Chairman England commented that additional vegetated wetlands would have positive effects for the County and Deltaville area. Commissioner Boyd commented that the proposed operation was appropriate for Village Community zoning and in keeping with adjoining properties. 2

3 3 PLANNING COMMISSION Commissioner Jones agreed that although the proposed business was good, he asked if any other stipulations should required since the business use was changing. Commissioner Jones questioned whether a minor site plan would be required. He further commented that perhaps the project could qualify for an exemption from minor site plan review if the expansion were limited to less than 2,500 sq. ft. Mrs. Meredith stated that she had VDOT approval for an entrance and the proposed vegetation business operation would not exceed 2,500 sq. ft. She explained that the intent was to show people what s available and wetlands plants would have to be ordered to supply requests. On a motion by Commissioner Davis, seconded by Commissioner Hart, and carried by a unanimous vote, Special Exception # was recommended for approval with the condition that the proposed use not exceed 2,500 sq. ft. Commissioners Johnson and Jones stressed that the applicant be aware that any future expansion may require site plan review. C. Special Exception # Request is to allow the operation of a service business (restaurant). Submitted by Alvin and Barbara Sibley. recommending approval of Special Exception # with the following conditions: 1) the property owners shall coordinate the expansion of the business with the Health Department, and shall install a septic system of adequate design and sufficient capacity to satisfy the anticipated demand, 2) the property owners shall provide enough (paved) parking spaces to accommodate the number of seats approved by the Health Department (Section 17-9 of the Zoning Ordinance requires 1 space per 3 seats), and 3) the property owners shall ensure that the entrance to the property meets VDOT standards for the proposed intensity of use. The applicants were not in attendance. With there being no comment from the public Chairman England closed the public hearing. Chairman England commented that the property came before the Planning Commission previously and he would like to know the history of the site. Commissioner Davis agreed that additional information would be required. Commissioners Boyd and Jones commented that the request for a service type business did not meet met the required criteria. Commissioner Johnson expressed concern that the proposal was not in accordance with the corridor plan.

4 Commissioner South noted highway entrance safety concerns. On a motion by Commissioner Davis, seconded by Commissioner Johnson, and carried by an vote, with Commissioners Jones and South opposed, Special Exception # was tabled until the July 10, 2008 meeting. Commissioners Jones and South were of the opinion that the request should be denied. D. Ordinance Amendment # Request is to amend Middlesex County Subdivision Ordinance Sections 6-10 (Open Space), add a Section 6-10-A (Open Space Design), and amend Section 9-1 (Definitions). Submitted by Middlesex County Planning Commission. recommending approval of Ordinance Amendment # as submitted. With there being no comment from the public Chairman England closed the public hearing. Chairman England commented that the proposed amendment was a step in the right direction and commended the subcommittee for their work on the proposal. Commissioner Davis stated that the proposal was important to the community and noted that the citizens want to preserve open space. Commissioner South commented on the importance of contiguous open space to maintain wildlife corridors. Commissioner Jones questioned the requirement that open space shall be in contiguous undivided tracts of land. Commissioner Boyd stated that the intent of the proposed ordinance was for open space to be contiguous undivided tracts of land. Commissioner Jones suggested that the Open Space Design procedure should be a guide rather than a requirement. Commissioner Johnson commented that it made sense to let applicants know up front what the County expected, before an applicant spent funds on detailed plans. Commissioner Davis stated that the intent was to be less vague and more specific with the County s requirements for Open Space Design. Commissioner Jones stated that the Ordinance did not currently allow for larger estate sized lot subdivisions. 4

5 5 PLANNING COMMISSION Chairman England noted the need to continue with updating the Ordinances and perhaps incorporate a new district that would allow for large lot subdivisions in different areas in the County. Commissioner Boyd expressed appreciation to Mr. Little for his efforts in editing the proposed amendment. Chairman England recommended removing the last sentence of the Calculations paragraph and clarifying drain field areas or lots in the Open Space definition. Mr. Tom Chillemi suggested wording to clarify site planning procedures for Open Space Design Subdivisions. On a motion by Commissioner South, seconded by Commissioner Hart, and carried by a vote, with Commissioner Jones opposed. Ordinance Amendment # was recommended for approval with revisions. OLD BUSINESS A. Rezoning # Request for the Reclassification of acres from Low Density Rural (LDR) to Village Community (VC). Submitted by Steven J. Bland. Chairman England introduced the application. Mr. Steven Bland, applicant, addressed three (3) concerns the Commissioners had stated at the previous meeting. Mr. Bland stated that a Homeowners Association would be under the developers control until 75% completion stage. He stated that the project had been redesigned for onsite septic, with additional reserve outside of the lot areas, recorded with the deeds. Mr. Bland stated that there would be 45% green space and the subdivision entrance would have additional landscaping. Chairman England stated the opinion that the proposal was too dense for the location. Commissioner Davis stated that he had a problem with having 13 (thirteen) wells and septic systems on the proposed development. Commissioner Boyd expressed the opinion that the proposed rezoning would amount to spot zoning and the intent of Village Community zoning was not strictly for residential use. Commissioner Jones stated that Village Community was not appropriate for the area and Residential would be better suited for the property. Mr. Bland explained that he had met with the previous Planning Director and was directed towards Village Community zoning, allowing for more home sites than

6 6 PLANNING COMMISSION Residential. Mr. Bland stated that he had followed the previous Planning Director s direction. Commissioner Johnson expressed concern that the Mr. Bland was given guidance and he had satisfied the recommendations from the previous meeting. Commissioner Johnson noted that the applicant was attempting to provide affordable housing, and the proposal was in keeping with the area. Commissioners Anderson and Hart expressed agreement with Commissioner Johnson s comments. Commissioner South stated opposition to developing thirteen (13) homes on eight (8) acres of property. Commissioner Boyd noted that reserve drain fields could not be included in open space requirements. Chairman England stated he was not in favor of the proposed density for this property. Chairman England stated that the Planning Commission reviews proposals and does not always agree with staff recommendations. Commissioner Anderson stated that three (3) concerns were related to Mr. Bland at the last meeting and he had answered those concerns. Commissioner Beverly agreed that the applicant had met the previous concerns and had followed following staff recommendations. Chairman England stated that it was up to the Planning Commission to make a judgment as to whether the property was suited for rezoning to Village Community. On a motion by Commissioner Johnson, seconded by Commissioner Hart, and denied by a 4-6 vote, with Commissioners Boyd, Davis, Jones, South, Wake, and England opposed, stating density and water/septic concerns, Rezoning # was recommended for denial. NEW BUSINESS A. Discussion Central Sewer Definition Commissioner Johnson stated that there were two (2) differing definitions in the Zoning and Subdivision Ordinances. Chairman England stated that the definitions should reflect the intent of the Ordinances. Commissioner Boyd offered to ask the County s sewage treatment plant consultant, Mr. Roger Hart, to give a presentation to the Planning Commission explaining the different

7 types and operations of sewage systems. The consensus was that this information would help the Commissioners with the definitions and intent of the Ordinances. B. Rotation of Officers Chairman England introduced discussion related to the rotation of Planning Commission officers on a regular basis. Chairman England stated that this was not a requirement and not a bad idea. Commissioner Boyd stated that rotation would give Chairman England a break, and suggested a 2-year rotation period. Commissioners Davis and Johnson agreed that a 2-year rotation was a good idea. Chairman England offered to review the By-Laws and provide information to the Commissioners at the next meeting. C. Discussion Comprehensive Plan Rough Draft Mr. Little explained that the consultant, MarshWitt Associates, had responded by letter with target dates for completion of the Comprehensive Plan. A copy of the letter, as well as background information, would be provided to the Steering Committee. COMMITTEE REPORT ADJOURNMENT With there being no further business, a motion to adjourn was made by Commissioner Miller, seconded by Commissioner Davis, and carried by unanimous vote. The meeting adjourned at 10:35 p.m. Respectfully submitted, Melvin Beverley, Secretary Date 7