[00:00:02]
CALL TO ORDER THE PRINCE GEORGE PLANNING COMMISSION FOR THURSDAY, JULY 28, 2022.
IF EVERYONE WILL STAND, WE'LL HAVE THE INVOCATION BY MR. SIMMONS AND I'LL LEAD THE PLEDGE.
RIGHT. LORD, WE COME TO YOU TONIGHT.
SMALL IN NUMBER, BUT WE KNOW THAT YOU ARE WITH US, TO LEAD US AND DIRECT US IN THE CASE THAT WE ARE TO HERE TONIGHT.
AND LORD, WE ASK THESE THINGS IN YOUR NAME AND IN YOUR SON'S NAME, JESUS CHRIST.
[ADOPTION OF AGENDA]
BUSINESS YOU HAVE IN FRONT OF YOU THE AGENDA FOR TONIGHT'S MEETING.IF IT'S APPROVED BY BOTH OF YOUR OF YOURSELF, PLEASE GIVE ME A MOTION AND A SECOND.
ANDERSON. SECOND BY MS. ELDER. CALL THE ROLL, PLEASE.
AT THIS TIME. WE'LL HAVE OUR PUBLIC COMMENTS, PERIOD.
PLEASE STATE YOUR NAME AND ADDRESS AND YOU WILL HAVE 3 MINUTES TO SPEAK.
THE PUBLIC COMMENTS PERIOD IS OPEN.
WE DON'T HAVE ANYBODY ON ZOOM TONIGHT THERE BEING NO ONE.
I CLOSED THE PUBLIC COMMENTS, PERIOD.
YOU ALSO HAVE IN FRONT OF YOU THE WORK SESSION MINUTES FROM TO JUNE 21ST, 2022.
[ORDER OF BUSINESS]
IF THERE'S NO CORRECTIONS OR ADDITIONS, WOULD YOU ACCEPT A MOTION TO APPROVE THEM? I MAKE A MOTION TO APPROVE THE SESSION MINUTES AS WRITTEN.ANDERSON. CALL THE ROLL PLEASE.
ALSO, YOU HAVE THE MINUTES OF THE JUNE 23RD PLANNING COMMISSION MEETING.
MOTION BY MS. ANDERSON AND SECOND BY MS. ELDER. CALL THE ROLL, PLEASE.
[00:05:17]
YOU. NEXT ON OUR AGENDA IS A SUBDIVISION WAIVER FOR JORDAN PRIVATE ROAD.MR. GREEN, WOULD YOU PLEASE FILL US IN ON THAT? YEAH. GOOD EVENING.
THE ITEM THIS EVENING IS SUBDIVISION WAIVER SW-2201.
AND IT IS THE REQUEST OF ANN JORDAN COLE FOR A WAIVER OF THE SUBDIVISION STANDARDS CONTAINED IN ARTICLE SEVEN OF PRINCE GEORGE COUNTY'S SUBDIVISION ORDINANCE, SECTION 70-724D-3 THREE, WHICH LIMITS RESIDENTIAL DEVELOPMENT ON PRIVATE ROADS TO NO MORE THAN THREE SINGLE-FAMILY DWELLING LOTS SERVED BY THE ROAD.
THE WAIVER REQUEST IS AUTHORIZED UNDER SECTION 70 DASH 208.
THE APPLICANT PROPOSES TO SUBDIVIDE 1.928 ACRES FROM HER APPROXIMATELY 69 ACRE PARCEL FOR HER GRANDSON, SO THAT HE MAY OWN AND LIVE IN A NEW SINGLE FAMILY DWELLING WHICH IS UNDER CONSTRUCTION ON HER PROPERTY.
THE CURRENTLY APPROVED ACCESS FOR THE NEW HOUSE IS A PRIVATE ONSITE DRIVEWAY ACCESSED FROM BIRDSONG ROAD, AND THE APPLICANT IS REQUESTING FOR THE NEW HOUSE TO BE ACCESSED FROM AN EXISTING PRIVATE ROAD, WHICH IS A SHARED ACCESS EASEMENT WHICH ENTERS THE SUBJECT PROPERTY FROM GRIFFIN ROAD.
THE SUBJECT PROPERTY IS KNOWN AS TAX MAP 420(0A)00-005-0 AND IS LOCATED AT 1435 BIRDSONG ROAD.
THE NEXT POWERPOINT SLIDE SHOWS THE THAT IS THE TAX MAP OF THE PROPERTY AND THE PROPERTY IS OUTLINED IN RED.
MR. JORDAN CONTACTED THE PLANNING OFFICE AND HE WANTED TO DISCUSS PLANS OF HIS GRANDMOTHER TO SUBDIVIDE HER PROPERTY AND TO GRANT HIM SOME ACREAGE WITH ACCESS TO THE EXISTING PRIVATE ROAD OFF OF GRIFFIN ROAD. MR. JORDAN AT THAT TIME WAS ADVISED OF THE LIMIT OF THREE SINGLE FAMILY DWELLING LOTS ON A PRIVATE ROAD.
IN 2021, THE JORDAN FAMILY SUBMITTED A BUILDING PERMIT APPLICATION TO BUILD THE NEW HOUSE FOR JOHN JORDAN ON THE EXISTING 68 ACRE LOT OWNED BY ANN JORDAN COGLE.
THE BUILDING PERMIT AT THAT TIME WAS APPROVED BY STAFF WITH ACCESS VIA A PRIVATE DRIVEWAY EXTENDING ALONG EXTENDING SOUTH FROM BIRDSONG ROAD AROUND THE LARGE POND TO REACH THE HOUSE.
STAFF AT THAT TIME MADE A CONDITION TO THE BUILDING APPLICATION APPROVAL, STATING THAT THE DRIVEWAY HAD TO BE IMPROVED FOR SAFE EMERGENCY VEHICLE ACCESS UNLESS A DIFFERENT LEGAL ACCESS COULD BE FOUND.
IN MAY OF 22 ANN COGLE, SHE SUBMITTED A SUBDIVISION APPLICATION SHOWING A 1.92 ACRE FAMILY DIVISION, NOT INCLUDING THE
[00:10:01]
HOUSE UNDER CONSTRUCTION WITH THE REMAINDER TRACKED TO STAY IN THE OWNERSHIP OF ANN COGLE.SINCE THE PLAT SHOWS FOUR LOTS ON A PRIVATE ROAD.
IT CANNOT BE APPROVED SINCE IT DOESN'T MEET THE THREE LOT LIMIT ON THE PRIVATE ROAD AS REQUIRED BY SECTION [INAUDIBLE] 724D-3 OF THE SUBDIVISION ORDINANCE.
THUS, THE OWNER SUBMITTED THE WAIVER REQUEST TO THE PLANNING COMMISSION TO WAIVE THE REQUIREMENT SO THE PLAT MAY BE APPROVED AND RECORDED IN THE CLERK OF THE CIRCUIT CLERK'S OFFICE.
NEXT YOU HAVE A COPY OF THE SUBDIVISION PLAT THAT WAS SUBMITTED TO THE OFFICE FOR APPROVAL.
THE NEXT MAP SHOWS THE LOCATION WHERE THE HOUSE IS BEING BUILT, OUTLINED IN BLUE, AND IT ALSO SHOWS THE TWO MEANS OF ACCESS TO THE LOT.
THE PURPLE DASHED LINE IS THE ACCESS.
OFF OF OWN BIRDSONG ROAD AND THE-ORANGE LINE SHOWS THE EXISTING ACCESS ROADS OFF OF GRIFFIN ROAD.
THE NEXT ILLUSTRATION IS JUST AN AERIAL VIEW OF THE 1.1.9 ACRE LOT THAT'S IN QUESTION.
IN THE NEXT SLIDE SHOWS THE EXISTING ACCESS ROAD OFF OF BIRDSONG ROAD THAT GOES ALONG THE POND THAT'S ON THE LEFT.
AND ON THE RIGHT IS THE PROPOSED.
I MEAN, THAT'S THE ACCESS ROAD THAT'S SHARED BY THE THREE OTHER PROPERTY OWNERS OFF OF GRIFFIN ROAD.
BASICALLY, THE APPLICANT IS ASKING FOR A WAIVER TO THE THREE LOT LIMIT ON THEIR PRIVATE ROAD PURSUANT TO SECTION 70-724(D)3, WHICH WOULD ALLOW A FOURTH LOT TO BE LOCATED OFF OF GRIFFIN ROAD.
THE SUBDIVISION PLAT IS STILL UNDER REVIEW.
IF THE REVIEW IF THE REQUEST IS APPROVED.
THE PLAN WILL NOT BE APPROVED UNTIL IT MEETS ALL THE APPLICABLE I KNOW WHAT THE WORD IS.
THE APPLICABLE SUBDIVISION AND ZONING REQUIREMENTS.
NO ROAD UPGRADES PLAN OR REQUIRE IT UNLESS IMPOSED BY THE PLANNING COMMISSION IN THE ROAD WILL BE REQUIRED TO BE NAMED AS PART OF THE PLAT REVIEW PROCESS.
STAFF HAS RECOMMENDED CONDITIONS AND THESE ARE CONDITIONS THAT WOULD HAVE BEEN APPLIED TO SUBDIVISION APPROVAL ANYWAY.
AND THE CONDITIONS ARE THE WAIVER IS FOR ONE ADDITIONAL SINGLE FAMILY RESIDENTIAL LOT USING THE EXISTING SHARED ACCESS EASEMENT TO ACCESS THE STATE MAINTAIN GRIFFIN ROAD RESULTING IN A TOTAL OF FOUR LOTS ON THE PRIVATE ROAD.
[00:15:01]
MAINTENANCE OF THE PRIVATE ROAD SHALL BE GOVERNED BY A RECORDED ROAD MAINTENANCE AGREEMENT AMONG ALL PROPERTY OWNERS.ACCESSING THE PRIVATE ROAD IN THE LAST CONDITION IS THE SUBJECT IS THE SUBDIVISION PLAT THAT MAY BE APPROVED IN ACCORDANCE WITH THIS WAIVER SHALL REFERENCE THIS WAIVER AND MEET ALL OTHER APPLICABLE MEET ALL REQUIREMENTS FOR SUBDIVISION APPROVAL AS APPROVED BY THE SUBDIVISION AGENT.
AGENT. IN THESE TYPE OF REQUESTS FOR WAIVERS, STAFF DOES NOT PROVIDE A RECOMMENDATION FOR APPROVAL OR FOR DISAPPROVAL.
THE CRITERIA PROVIDED IN THE ORDINANCE FOR THE COMMISSION'S CONSIDERATION OF THE WAIVER IS THAT THE WAIVER SHALL BE GRANTED IN CASES OF UNUSUAL SITUATIONS WITH STRICT ADHERENCE TO THE GENERAL REGULATIONS, AND THIS ORDINANCE WOULD RESULT IN SUBSTANTIAL INJUSTICE OR HARDSHIP TO THE APPLICANT.
AND THE LAST CRITERIA IS ANY REMAINDER TRACT MEETS ALL APPLICABLE ZONING REQUIREMENTS.
THAT'S THE END OF THE STAFF REPORT.
I CAN HEAR THIS CRITERIA THAT THEY HAVE.
WHAT IS THE HARDSHIP OR INJUSTICE UPON THE APPLICANT OTHER THAN WHAT THEY CREATED FOR THEMSELVES? THE APPLICANTS STATED THAT HEAVY VEHICLES OR EMERGENCY OR EMERGENCY VEHICLES MAY DAMAGE THE DAM.
UM. WHAT I'M TRYING TO UNDERSTAND IS HAS ANYTHING LIKE THIS HAPPENED BEFORE? WHERE THE PEOPLE WENT AND DID A LOT OF WORK AHEAD OF GETTING WHAT THEY NEEDED PRIOR TO. THIS IS A UNUSUAL SITUATION HERE.
THE PLANNING COMMISSION HAS ONLY GRANTED ONE OTHER WAIVER OF THIS TYPE.
WHAT WAS THAT FOR? THAT I DON'T REMEMBER.
THAT WAS DONE RIGHT AFTER WE CHANGED THE SUBDIVISION WHERE YOU COULDN'T HAVE IN THIS PARTICULAR TRACT ALREADY HAD FOUR TRACTS ON THAT ROAD BEFORE, WERE THEY RIGHT.
BECAUSE GO THERE AND BUILD AND THEN COME AND SAY NO, NO.
THEY THEY CAME AND GOT THE WAIVER BEFORE THEY BUILT ON THE LOT.
I BRING THIS CASE, RIGHT? OPTIMIST ELDER.
I WOULD AGREE THAT THIS APPLICANT DID NOT HANDLE THE SITUATION PROPERLY.
APPLICANT IS LOOKING FORWARD NOW, IN MY JUDGMENT, ANYWAY IS A SAFER ACCESS UH TO TO THAT PROPERTY.
I DON'T KNOW. EXCEPT FOR THE ASKING THE BOARD OF SUPERVISORS TO MAKE AN EXCEPTION ON THE NO MORE THAN THREE HOUSES ON A PRIVATE ROAD.
THE ACCESS THAT THEY'RE ASKING FOR IS THE PROPER ACCESS TO THAT HOUSE.
AND IT'S UNFORTUNATE THAT THEY DIDN'T DO THAT WITH THE WELL, THEY COULDN'T DO IT
[00:20:09]
BECAUSE THE PEOPLE WHO APPROVED THE BUILDING PERMITS WOULD NOT HAVE THE AUTHORITY TO GIVE THEM THE BUILDING PERMIT BY USING THE CURRENT ACCESS ROAD.I THINK THEY'VE BEEN USING THIS ROAD ALONG.
THIS IS A ROAD THAT HAS BEEN USED FOR ALL THESE.
WENT TO GO GET THE BUILDING PERMIT.
SO THEY SAID THEY WERE GOING TO WIDEN AND IMPROVE.
TO BE ABLE TO GET THE BUILDING PERMIT.
NOW THAT THEY GOT THE BUILDING PERMIT, THEY BUILT THE HOUSE.
SAY THE ONLY WAY YOU CAN GET THIS PERMIT IS USE THAT ROAD.
PAGE SIX NUMBER FOUR, THE BUILDING PERMIT WAS APPROVED WITH ACCESS VIA A PRIVATE DRIVEWAY EXTENDING FROM BIRDSONG ROAD ALONG THE LARGE POND TO REACH THE HOUSE SITE SOUTH OF THE POND.
STAFF APPLIED THE CONDITION TO THE BUILDING PERMIT APPROVAL THAT THE DRIVEWAY MUST BE IMPROVED FOR SAFE EMERGENCY VEHICLE ACCESS UNLESS A DIFFERENT LEGAL ACCESS IS PROVIDED. SO NOW, NOW, IN OTHER WORDS, ARE LOOKING FOR EASIER WAY OUT.
SO THEY AGREED TO APPROVE THE ROAD TO GET THE BUILDING PERMIT.
BUT NOW THAT THEY'VE ACTUALLY BUILT THE HOUSE, THEY HAVE GONE FOR AN ATTORNEY BECAUSE MR. WHITE JUST EXPLAINED THAT HE WAS NOT INVOLVED AT THE BEGINNING.
HE JUST GOT INVOLVED AT THE TAIL END TO TRY TO FIGURE OUT HOW THEY COULD MAKE THE ROAD IF THEY'RE ACTUALLY REALLY USING OFFICIAL AS A LEGAL EASEMENT AND RIGHT OF WAY.
MEET THE REQUIREMENTS BECAUSE THEY CAN'T GET A PLAT.
AND THE OTHER. THIS DOESN'T GO TO THE BOARD.
THIS DOES NOT GO TO THE BOARD UNLESS THEY APPEAL.
APPEAL IT. IF WE SAY NO AND THEY APPEAL IT TO THE BOARD, THEN IT WOULD GO TO THE BOARD.
AND I'M SURE THAT'S WHAT WOULD HAPPENED.
BUT. BUT THEY CAN'T EVEN FINISH FINISH WITH A BUILDING WITHOUT GETTING A PLAT RIGHT.
SO THEY GOT TO HAVE IT TO HAVE A PLAT.
MAYBE I DIDN'T HEAR TIM CORRECTLY THE OTHER NIGHT.
AND THAT TIM SAID THAT IF WE APPROVE IT.
I'VE SENT IT TO THE BOARD WITH OUR RECOMMENDATION APPROVAL.
THE BOARD DIDN'T GO TO THE BOARD.
LET ME FINISH BECAUSE I MAY BE WRONG.
GETTING THAT RESTRICTION REMOVED FROM THE BUILDING PERMIT.
OKAY. SO WITHOUT ANY ACTION OF THE BOARD? IF WE APPROVE IT. SO WHAT WHAT'S YOUR POINT? WHAT YOU'RE SAYING IS IT'S GOING TO THE BOARD.
IF WE GO INTO THE BOARD, IF WE APPROVE IT.
WHY ISN'T IT? BECAUSE IT'S NOT THE COUNTY CODE STATES.
AT THE PLANNING COMMISSION SHOW OUR VIEW, THEN APPROVE OR DISAPPROVE IN REQUEST FOR A WAIVER.
SO WE'RE NOT THE PLANNING COMMISSION IS NOT SENDING A RECOMMENDATION TO THE BOARD.
YOU'RE EITHER APPROVING IT OR DISAPPROVING IT.
THIS ISN'T A HEARING, A PUBLIC HEARING.
RIGHT. SO ONLY PUBLIC HEARINGS HAVE TO GO FORWARD.
IF YOU APPROVE IT TONIGHT, THEN IT'S APPROVED.
IT DOESN'T HAVE TO GO TO THE BOARD.
SO IF WE SAY, YEAH, THAT'S THE CASE WAS APPROVED AND IT'S OVER WITH.
[00:25:30]
YEAH, THERE'S A LOT OF OPEN SPACE RIGHT THERE, TOO.YEAH. AND THERE ARE A LOT OF OTHER PLACES THAT HAVE THE SAME SITUATION.
IN THE COUNTY. I'M SURE THERE ARE A LOT OF MORE PLACES.
I'M A LITTLE CONFUSED IF WE APPROVE IT.
WE ARE DECLARING A CHANGE TO THE ORDINANCE THAT SAYS NO MORE THAN THREE HOMES SHALL BE BUILT ON A PRIVATE ROAD.
BUT YOU'RE MAKING AN EXCEPTION IN THIS CASE LAND.
I DIDN'T KNOW WE HAD AN AUTHORITY, BUT THAT'S OKAY.
SO UNDER THE COUNTY CODE, WE HAVE THAT AUTHORITY JUST FOR THE SUBDIVISION SECTION.
THAT'S A ZONING WAIVER THAT GOES TO THE BOARD IS ZONING.
IT'S LIKE A VARIANCE FROM THE ZONING CODE.
BUT YOU HAVE SPECIFIC AUTHORITY UNDER THE COUNTY CODE TO WAIVE SUBDIVISION REQUIREMENTS.
I THINK MOST OF THE TIME IF YOU WERE GOING TO RUN INTO THIS, IT WOULD BE IN A FAMILY TYPE SITUATION.
WHERE DO YOU GOT CHILDREN AND GRANDCHILDREN AND WANT TO.
ANY ANY OTHER COMMENTS OR QUESTIONS.
IF NOT. YOU HAVE A SAMPLE MOTION IN YOUR PACKET. ACCEPT A MOTION AND IN THE WAY THAT YOU FEEL WE NEED TO HANDLE IT.
INTEREST OF GETTING IT ON THE TABLE.
I'LL MAKE A MOTION. I MOVE THAT WE APPROVE A SUBDIVISION WAIVER REQUEST S.W. 22-01 BY ADOPTING RESOLUTION R 2201 AS PRESENTED BECAUSE A REQUEST ALLOWS A SAFER ACCESS TO THE PROPERTY, AND THE FOUR OWNERS, INCLUDING THE APPLICANT, HAVE COMMITTED TO AN ACCESS ROAD MAINTENANCE AGREEMENT THAT WILL BE A RECORDED DOCUMENT IN THE CLERK'S OFFICE.
MOTION BY MR. SIMMONS, SECOND BY MS. ELDER.
AND THE NEXT IS MR. GREEN COMMUNICATIONS.
[COMMUNICATIONS]
I WILL BRIEFLY GIVE YOU AN UPDATE ON THE CIP UPDATE.[00:30:01]
WHAT? YOU MEAN A TIED VOTE? DID YOU SAY YES? YES.AND YOU BELIEVE THAT CHILD OR I GOT A GOOD OFFER.
GO AHEAD. THIS CIP UPDATE FOR FISCAL YEAR 2024, THE BOARD OF SUPERVISORS HAS DECIDED TO DEFER A FORMAL CIP PROCESS IN ACTIONS OR THE BOARD OF ZONING APPEALS.
THE JULY MEETING WAS CANCELED DUE TO THE APPLICANT WITHDRAWING THE SPECIAL EXCEPTION APPLICATION.
ACTIONS OF THE BOARD OF SUPERVISORS.
THE BOARD OF SUPERVISORS APPROVED SC 2205.
AND THAT WAS THE REQUEST OF CHRISTOPHER AND MARY [INAUDIBLE], AND THEY WANTED TO DO THE GOLF COURSE.
AND THEY APPROVED SA 22-01 AND SC22-02, WHICH ALLOWED THE CONSTRUCTION OF THE POWELL CREEK SOLAR.
UPCOMING CASES FOR THE PC IN AUGUST INCLUDES THREE CASES.
WE WILL HAVE THE [INAUDIBLE] CASE, WHICH IS SPECIAL EXCEPTION 2206.
THERE'S A SPECIAL EXCEPTION CASE SC 2207 FOR THE JORDAN POINT COUNTRY CLUB.
AND THERE'S ALSO A SPECIAL EXCEPTION SE 22-08, WHICH IS THE CAPRIA BED AND BREAKFAST.
THAT'S ALL OF THE COMMUNICATIONS THAT I HAVE.
THE CAPRIA, WHICH IS THE BED AND BREAKFAST THAT'S AT THE JORDAN POINT COUNTRY CLUB.
THAT'S THAT'S WHERE ROBIN ROAD.
OKAY. ANY QUESTIONS OR COMMENTS? IT'S NOT. I'LL ACCEPT A MOTION TO ADJOURN.
MOTION BY MS. ELDRIDGE, SECONDED BY MS..
ANDERSON. CALL THE ROLL, PLEASE.
THANK YOU. MEETING ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.