November 20 - 2008 Minutes

							                                  Planning Commission
                             County of Prince George, Virginia
                                         Regular Meeting
                                 November 20, 2008; 7:30 p.m.
                      County Administration Building, Boardroom, Third Floor
                        6602 Courts Drive, Prince George, Virginia 23875

I.     CALL TO ORDER
       Chairman Jimmie Stewart called to order a regular meeting of the Prince George County
       Planning Commission on Thursday, November 20, 2008 at 7:37 p.m. in the Boardroom of the
       County Administration Building, 6602 Courts Drive, Prince George, Virginia.

II.    MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
       Chairman Stewart directed the meeting to a moment of silence and in the Pledge of Allegiance to
       the United States Flag.

III.   ATTENDANCE
       The following members responded to Roll Call:
       Chairman, Jimmie Stewart                 Present
       Vice-Chairman, Joseph T. Wallace         Absent
       Mr. Alex W. Bresko                       Present
       Mr. Floyd M. Brown                       Present
       Mr. Richard D. Hartman                   Present
       Mr. V. Clarence Joyner, Jr.              Absent
       Mrs. Carol D. Woodward                   Present

       Also present were: Sharon D. Williams, Director of Planning; Douglas Miles, Zoning
       Administrator; Martin Robertson, County Attorney; and Valerie Glass, Planning Department
       Secretary.

IV.    APPROVAL OF MINUTES - October 23, 2008 Minutes

       Upon a motion made by Mr. Brown and seconded by Mr. Bresko, the above referenced meeting
       minutes were adopted as presented. Roll was called on this motion.

       Roll call vote on the motion:
       In Favor: (5) Woodward, Stewart, Bresko, Brown, Hartman
       Opposed: (0) Absent: (2) Wallace, Joyner

V.     PUBLIC COMMENTS
       Chairman Stewart declared the Public Comment period open and available to anyone wishing to
       come before the Commission to speak on any unscheduled subject not on the agenda. He asked
       that persons speaking during the Public Comments period limit their remarks to a three-minute
       time period.

       At 7:39 p.m. Chairman Stewart opened the public comment period. No person came forward to
       speak on any subject. At 7:40 p.m. Chairman Stewart closed the public comment period.

VI.    NEW BUSINESS - NONE

                                                  1
VII.   PUBLIC HEARINGS

       ORDINANCE TO AMEND - A public hearing was held on the following proposal to amend
       “THE CODE OF THE COUNTY OF PRINCE GEORGE, VIRGINIA” by repealing the
       “Subdivision Ordinance of Prince George County, Virginia” or the “Subdivision Ordinance”, in
       its entirety, as adopted December 27, 2007, by Resolution Number R-07-141; by repealing a
       portion of Ordinance Number O-08-05, adopted September 9, 2008, as it pertains to Section 70-
       206 and Section 90-614; by repealing the “Prince George County, Virginia Zoning Ordinance”,
       in its entirety, as adopted December 27, 2007, by Resolution Number R-07-140; and by
       repealing Ordinance Number O-08-004, in its entirety, as adopted August 12, 2008.

       Ms. Williams presented the request as outlined on the agenda.

       Mrs. Woodward asked Ms. Williams what the procedure would be for the repeal and re-adoption
       of the amended 2007 Ordinances.

       Ms. Williams responded that staff would ensure that the advertisement stated the public hearing
       would be to repeal the ordinance in place and to adopt a new ordinance. She said it would be the
       responsibility of the Commission to make a recommendation to the Board of Supervisors.

       Mr. Brown asked if the Comprehensive Plan would be affected if the ordinances were repealed.

       Ms. Williams responded the Comprehensive Plan was a guidance document and did not have the
       affect of law.

       Mr. Bresko asked if the Resource Conversation District, as outlined in the Comprehensive Plan,
       would revert to the former four planning districts if the ordinances were repealed.

       Ms. Williams responded that the Resource Conservation District was outlined in the
       Comprehensive Plan, not the Zoning or Subdivision Ordinances and therefore it would not
       change. In terms of development, she stated that properties in the Resource Conservation Area
       with five (5) or more acres, zoned A-1 and family divisions could be created with an approved
       well and septic system. Ms. Williams said that all other developments would be required to
       provide public water and sewer as stipulated in the Utilities Ordinance.

       Mr. Stewart asked Ms. Williams if the minimum lot size under the old ordinance was five acres.

       Ms. Williams stated it was.

       Mrs. Woodward asked Ms. Williams how many projects would be adversely impacted if the
       2007 ordinances were repealed.

       Ms. Williams stated it was her opinion that no projects would be impacted.

       At 7:52 p.m., Chairman Stewart opened the public hearing. With no one coming forward to
       speak in favor or in opposition the public hearing was closed at 7:53 p.m.

       Upon a motion made by Mr. Brown and seconded by Mrs. Woodward, the Planning Commission
       voted 5-0 to recommend to the Board of Supervisors approval to repeal the “Subdivision
       Ordinance of Prince George County, Virginia” or the “Subdivision Ordinance”, in its entirety, as
       adopted December 27, 2007, by Resolution Number R-07-141; by repealing a portion of
                                                  2
Ordinance Number O-08-05, adopted September 9, 2008, as it pertains to Section 70-206 and
Section 90-614; by repealing the “Prince George County, Virginia Zoning Ordinance”, in its
entirety, as adopted December 27, 2007, by Resolution Number R-07-140; and by repealing
Ordinance Number O-08-004, in its entirety, as adopted August 12, 2008.

Roll call vote on the motion:
In Favor: (5), Woodward, Stewart, Bresko, Brown, Hartman
Opposed: (0) Absent: (2) Joyner, Wallace

Chairman Stewart voted in favor of this request, but asked for the record to reflect that he was
voting in favor only because the Board of Supervisors and the County Attorney requested the
Planning Commission to take this action.

Mr. Bresko stated he concurred with Chairman Stewart’s comments.

Ms. Williams informed the Commission that the request to repeal the “Subdivision Ordinance of
Prince George County, Virginia” in its entirety, as adopted December 27, 2007 and to repeal the
“Prince George County, Virginia Zoning Ordinance”, in its entirety, as adopted December 27,
2007 would go before the Board of Supervisors on Tuesday, November 25, 2008 for their
consideration.


ORDINANCE TO AMEND – A public hearing was held on the following proposal to amend
“THE CODE OF THE COUNTY OF PRINCE GEORGE, VIRGINIA”, CHAPTER 90
“ZONING”, by adopting ARTICLE XXIV. “CLO CLUSTER OVERLAY DISTRICT” to
establish the Cluster Overlay District, as depicted on the map entitled “Undeveloped Parcels
which meet the State CLO Requirements”, dated October 30, 2008, attached hereto, as mandated
by Section 15.2-2286.1 of the Code of Virginia of 1950, as amended.

Ms. Williams presented the request as outlined on the agenda and summarized additional
changes to the second draft of amendments.

Mr. Hartman reminded staff and the Commission that several changes had been recommended
during the Planning Commission Work Session on November 13, 2008. He suggested that in §
90-1050.14(F), the School Board’s comments should be addressed to staff and to substitute
“agent” for applicant. He asked for clarification in §90-1050.14 (I) regarding who was
responsible to install the signage and who was require to maintain it.

The Planning Commission also recommended defining “Clustering Subdivision”, “Conservation
Areas, Primary” and “Conservation Areas, Secondary” in the Zoning Ordinance.

Mrs. Woodward asked Ms. Williams how many projects were being negatively impacted by the
Cluster denials.

Ms. Williams answered it was her opinion that no projects were impacted. She stated fifteen
applications had been submitted and denied; however, all could reapply under the revised
ordinance.

Chairman Stewart asked Ms. Williams to explain the major differences in the “Draft Cluster
Ordinance” and the previously adopted ordinance.


                                           3
      Ms. Williams explained that there were two major differences. She stated that in the revised
      ordinance, the density was based on the underlying zoning district; whereas the original
      ordinance was more liberal than what was required in State code and offered a density bonus.
      She further stated that in the previously adopted ordinance, there was no requirement that areas
      already required to be protected (steep slopes, wetlands, Chesapeake Bay Preservation Area) be
      excluded from the lot area calculation. She said that under normal zoning and subdivision
      standards these areas were required to be excluded from the minimum lot area requirements. She
      stated the previous ordinance allowed others to take advantage of environmental sensitive areas
      and bestowed upon them a right not granted to the average property owner dividing property.

      At 8:09 p.m. Chairman Stewart opened the public hearing. With no one coming forward to
      speak in favor or in opposition the public hearing was closed at 8:10 p.m.

      Upon a motion made by Mr. Hartman and seconded by Mr. Brown, the Planning Commission
      voted 5-0 to recommend to the Board of Supervisors approval to establish the Cluster Overlay
      District, as depicted on the map entitled “Undeveloped Parcels which meet the State CLO
      Requirements”, dated October 30, 2008, attached hereto, as mandated by Section 15.2-2286.1 of
      the Code of Virginia of 1950, as amended with recommendations suggested by Mr. Hartman.

      Roll call vote on the motion:
      In Favor: (5), Woodward, Stewart, Bresko, Brown, Hartman
      Opposed: (0) Absent: (2) Joyner, Wallace

      Ms. Williams informed the Commission that this request would go before the Board of
      Supervisors on Tuesday, November 25, 2008 for their consideration.

VIII. OLD BUSINESS

      Chairman Stewart asked if a timeline had been established for when the revised ordinances
      would be brought forward for a public hearing.

      Ms. Williams stated that staff was nearly completed its review of the Subdivision Ordinance and
      might be able to bring a document to the Commission in January 2009.

IX.   STAFF REPORT

      Ms. Williams reported no cases were scheduled for the December 18, 2008 Planning
      Commission meeting.

      Ms. Williams informed the Commission members there would be election of officers, and
      amendments to the bylaws on the January 2009 Planning Commission agenda.

      Mr. Bresko gave a brief summary of the Capital Improvements Plan (CIP) meetings. He
      informed the Commission that the next meeting would be held December 2, 2008 at 6:30 p.m.
      and this would be the final meeting with recommendations.

X.    ADJOURNMENT

      At 8:20 p.m., Mr. Brown moved to adjourn the meeting seconded by Mr. Bresko.



                                                 4
The next regularly scheduled meeting is Thursday, December 18, 2008 at 7:30 p.m., in the
Boardroom of the County Administration Building, third floor, 6602 Courts Drive, Prince
George, Virginia.

On roll call the vote was:
In Favor: (5) Brown, Hartman, Woodward, Stewart, Bresko,
Opposed: (0) Absent: (2) Joyner, Wallace




                                         5