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01-08-2002 Work SessionWORK .SESSION OF .THE ISLE OF WIGHT COUNTY .BOARD OF SUPERVISORS AND THE ISLE OF WIGHT COUNTY PLANNING COMMISSION HELD THE EIGHTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND TWO PRESENT:. BOARD OF SUPERVISORS Henry H. Bradby, Chairman -Robert C. Claud, Sr., Vice-Chairman Stan D. Clark Richard K. MacManus Phillip A. Bradshaw: PRESENT: PLANNING COMMISSION J. Kevin Duck, Chairman Wesley Ray Holland Lawrence Pitt Lars S. Gordan J. C. Jenkins,. Jr. Don G. Rosie R. L. Walker Judy Begland Jerianne C. Gardner Michael E. Alexander John A. Springfield Also Attending:. H. Woodrow Crook, Jr., County Attorney W: Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H Mills Recordin Secre ,. g tary Chairman Bradby. cared the meeting to order at 6:00 p.m. and asked Vice-Chairman Claud to preside for the Board of Supervisors. Vice-Chairman Claud expressed the Board's appreciation to the members of-the Planning Commisison for meeting jointly tonight. He noted that in December of 2001 the Board had held a work session to discuss various items related to the Zoning Ordinance revisions. .Planning Commission Chairman, J. Kevin Duck, thanked the Board for the opportunity to meet jointly with. the Board to discuss items of mutual interest and concern. Jonathan W. Hartley, Director of Planning. and Zoning, introduced Tevya Williams, Long Range Planner, and noted she would be taking notes which -would be displayed on the. overhead. screen located at the front of the courtroom for the Board's .reference. He also noted the attendance of 1 1 1 1 II 9OnF. 2~~ ':~U111 Beverly H. Walkup, .Senior Planner. He stated the reason for the joint meeting tonight is to identify areas for consensus between the two. (2) bodies on the proposed Zoning Ordinance. He stated there might also; be areas of differences that. may require additional dialogue before a consensus is reached. He stated his job tonight is to make this a .process that: wilt accomplish the objectives identified by the Board ..and .the Planning Commission. // Under Item II, Priorities for Zoning Ordinance Revision,. Item A, Community Character and Design, Mr. Hartley. addressed the idea of how the .two (2) bodies should go about establishing community. character standards for the various areas of the County. He stated there seems to be an interest on the part of both bodies to establish standards for what Battery Park, Carrollton, Carrsville or the. Zuni .areas would look .like. He stated one comment voiced .was the issue of stripping the rural roads with the creation of individual lots over -time and associated impacts on the rural character.. He stated one (1) of the main themes throughout the Comprehensive Plan that is strongly advocated by the Chesapeake Bay Preservation Ordinance (CBPO) is the Low Impact Development Design Strategies (LIDDS) and what can be done to reduce storm water at its source. Vice-Chairman Claud made reference to the parking lot at the Food Lion in Windsor. He recommended looking at .the requirements for islands and suggested that they be smaller: Supervisor Clark stated he .does not consider islands to be aesthetic and he would prefer to .stop requiring this type of requirement in parking. lots. Planning Commissioner Pitt stated the islands are to provide a tree canopy .and referenced a parking lot he had recently been. in-that did not give the appearance of a parking lot. He noted that the size of the lot and trees were factors in the success of this parking. area. Supervisor Bradshaw stated it depends on the community, what they want in that community and how they want to define their community. Planning Commissioner Rosie stated the idea of islands is adaptable to the kind of facility you are working with. Supervisor MacManus .stated communities need to define -what they want in their communities. He stated he is looking at what the .profile of the community would be and. suggested working with the local citizens to define the character of their community. 2 BOr~~ 2(l ~s:;`L1112 Mr. Hartley inquired if the Board and Planning Commissioners see. a set of standards being developed by the community or do they want it to pull people in from the community to participate in a design review process. Supervisor. MacManus suggested community meetings, to be coordinated by staff, to ensure they were handled in a systematic process. Supervisor .Bradshaw stated he wants input from the citizens themselves. Planning Commissioner Rosie inquired what is considered Rescue and what is considered Carrollton. Supervisor Clark stated defining the character of Rescue is simple, however, defining the character of Carrollton is going to be much more difficult. Planning Commissioner Begland stated there is a difference between village centers and community centers. She fated community consensus is needed.. She inquired if the Board wanted to go through a community process that discussed the rural character.. Vice-Chairman Claud stated the boundaries of village centers first needs to be identified. Mr. Hartley stated it is difficult to get people to define what it is that makes ,their community unique. He stated it is more. a matter of what the community perceives as those key structures and it may even be identifying something in the region that serves as a model. Supervisor Bradshaw. stated time and resources should be directed at defining the Carrollton Service District area first and then prioritize the next area. Planning Commissioner Holland inquired about the timeframe. Supervisor MacManus pointed out that, following the Zoning Ordinance, staff also needs to revise the Subdivision Ordinance. Mr. Hartley suggested setting up a community involvement process and using this process as a model for setting up the other areas. He stated building a structure within the ordinance will allow community plans to be developed and build on that by later going to Battery Park and Walters and other communities. Planning Commissioner Alexander noted timeline is critical. He stated . feedback from the citizens is necessary because, without it, .efforts will be wasted. ., .i 11 1 3 ,. 1 gp~ti ~iJ -; :`1311 Ms. Walkup recommended- prioritizing by .identifying the character of the NDSD during this. process because it is growing more rapidly than the other districts. She further noted that its boundaries have. already been established, and there would only be a need to identify the character of -the various community centers within the NDSD. She .also recommended that identifying the boundaries of the village centers outside of development service districts be prioritized and to establish their character during a later planning process. Planning Commissioner Springfield stated character is needed in order to develop the ordinance. Mr. Hartley stated scattered development along the corridors is causing rural character. to be diminished. Supervisor Bradshaw suggested .buying property from landowners is the only way to ensure rural character. He stated that major developments are effectively being managed by the sliding scale and cluster provisions of thecurrent zoning ordinance, but a plan needs to be established as to what is defined as a rural character and how it can be preserved. Planning Commissioner Holland suggested buying: development rights from the individuals rather than buying the land to preserve rural character. Supervisor Clark stated if the County develops a good ordinance and landscaping requirements, Carrollton can be made to look green without the County having to purchase property. He stated. developers need to know what the County expects and we need to tell them. what we want. He stated the main arteries into the County need to be more fully explored as to how they will look. He stated it can look like farmland when crossing the James River Bridge by making it look green. Planning Commissioner Begland stated open space and rural character raise questions with her. She stated open space, without maintenance, is not attractive. Planning Commissioner Holland stated the current plan to control growth in the County is successful. He stated if the County is not experiencing a lot of problems, he would suggest keeping the ordinance as written.. He noted that the clustering approach has shut down developments in the County, but the sliding scale can be used if an individual wishes to sell only a few lots: He stated if the County wishes to remain agricultural, the last thing farmers want to see is forty (40) homes next to their farm operation because this causes another set of problems. Supervisor MacManus stated that. clustering still .needs exploration. He recommended looking at Henrico County as it has .been successful. He 4 so~~ 2~J .~.: X04 further recommended that County staff meet with someone from Henrico's staff and perhaps improvement can be made by tweaking the County's process. Planning Commissioner Pitt stated he believes the reason Henrico County was successful was due purely to economics. He stated the County is not there yet. // Mr. Hartley called for comments on Item (B), Highway Corridor Overlay District (HOOD). Supervisor ..Bradshaw stated he did not like the HCOD because of problems with buffers and timber rights that .take profits from private individuals and believes it should only be within service districts. Planning Commissioner Springfield inquired if the County could exempt timber industries from the HCOD. Supervisor Bradshaw stated. State regulations must be adhered to. Planning Commissioner Holland stated it makes better sense to cut all the timber, reforest it and let it all grow back simultaneously. Supervisor MacManus stated there must be equity in how all property owners are treated. Noting. no consensus, Vice-Chairman Claud recommended this area be reviewed further. // Under Item (C), Mr. Hartley noted the issue of buffers has been discussed. // Under Item (D), Agricultural Concerns, Mr. Hartley stated there are other uses that the County is not currently allowing that would provide flexibility to landowners. Planning Commissioner Holland noted this issue was brought up by several citizens during the Comprehensive Plan process that they would like the opportunity to have zoning in the rural area that would allow other options for additional income, ie., antique shop, and small business use. 5 1 .. 1 U eo~K 20.~~:605 Planning Commissioner Begland recommended a CUP or changing the zoning back when the business changes hands. Supervisor .Bradshaw stated farmers desiring to expand their operations is different than allowing new people to come into a community and do it. Planning Commissioner Begland stated .when. a farmer dies, the use remains and recommended a condition be placed on the initial applicant so that it runs with the property owner as opposed to the land. Ms. Walkup recommended staff develop a list of uses that might be compatible as conditional uses in the RAC for the Commission and Board's consideration during this process. // Under (E), Existing Residentially Zoned Land, Item. (1), Mr. Hartley stated there are two (2) sets of districts, i.e. those created under. the new 1997 regulations and the .neighborhood conservation districts. He inquired if these districts should be merged to create :one (1) set of standards throughout the County or if he should continue to maintain' this dual: set of standards. He stated the main impact is the .setback requirements prior to 1997 and after 1997. He stated he thinks he can carry. forward. the old .setback requirements without adversely affecting the existing residents. Chairman Bradby left the work session at 7:05 p.m. and did -not return. Planning Commissioner .Pitt suggested structures created prior. to 1997could be grandfathered. Vice-Chairman Claud advised Mr. Hartley to proceed if it could, be done without. adversely impacting the people. Mr. Hartley inquired if there was an interest in evaluating and changing existing zoning for undeveloped subdivisions where they are inconsistent with the Comprehensive Plan. Supervisor Clark requested Mr. Hartley. develop a list, to include a map for distribution to the Board and Planning Commission members. Mr. Hartley asked for comments on borrow pits and he was requested to revisit these regulations to determine where they need to be tweaked,. Planning Commissioner Springfield stated he wanted to -know the owner's intentionfor development of borrow pits in the future: 6 9ORK 2il ~" U ~6 Mr. Hartley addressed the issue of the abuses of the family. member transfer provisions. in the Subdivision Ordinance. Vice-Chairman Claud stated family member transfers are good, however, the Board wants it to work properly. County Attorney Crook advised that conditions can not be added to family member transfers that are not placed on other property. He stated the issue .began in 1'969/70 when the Zoning Ordinance was developed.. He stated that when the matter got to the Board of Supervisors, he argued against it .and the Planning Commission by a split vote voted not to have it. He stated the Board of Supervisors accepted the recommendation of .the Planning Commission, however, within a couple of years, State legislation made family member transfers mandatory. Mr. Hartley suggested staff work with the County Attorney to investigate what other localities are doing and what the options for the County might be. // Planning Commissioner Gardner addressed the issue of Natural Heritage rights. She requested Mr. Hartley explore this issue further. // Planning Commissioner Alexander addressed the issue of storm water management. Mr. Hartley stated by law, the County will .need to develop an ordinance within the next two (2) years. Planning Commissioner Alexander stated we are going to be building BMP ponds and he wanted. a strong set of ordinances to ensure that protection for flood. control and pollution is addressed. Mr. Hartley stated the EPA would be requiring this within the.. next eighteen (18) to twenty-four (24) months. // Supervisor MacManus requested that the Planning Commission members meet monthly to order to continue to make. progress. He requested the meeting be a separate meeting and be held on a monthly basis. Planning Commissioner Gardner advised Supervisor MacManus that the Commission established a schedule for separate monthly meetings earlier today at its regular meeting. 1 1 ,. 1 7 Bo~K 20 .h:: s07 D ~~ ii Mr. Hartley noted that staff would put together a timetable based on discussions tonight and get back to the .Board for its reaction and consensus. /i Supervisor Bradshaw requested that software be utilized, in addition to maps, for the Carrollton service area. He stated this would give him a conceptual view. // Supervisor Clark noted that an applicant was willing to give up his .right to subdivide at the .last Board meeting. He stated there are applicants willing to condition this, if asked,. and he requested that the Planning Commission pursue this in order to get around family member transfer problems. Commissioner Pitt advised Supervisor Clark that-the Commission had taken that step with an applicant during its regular meeting earlier today. // Vice-Chairman Claud thanked the members of the Planning Commission for their dedicated work to the. citizens and for meeting jointly with the Board. Following the. Vice-Chairman's comments, :Planning Commission Chairman Duck adjourned the Commissioners' attendance from the joint work session. // Supervisor MacManus moved .the Board .adopt the following resolution rescheduling the annual Board of Supervisors meeting: RESOLUTION TO RESCHEDULE THE ANNUAL ORGANIZATIONAL MEETING OF THE BOARD OF SUPERVISORS WHEREAS, the meeting of the Board of Supervisors of the. County of Isle of Wight previously scheduled for January 4, 2002 at 10:00 a.m. was cancelled due. to incYement weather; and, WHEREAS, the primary purpose of that .meeting .was to serve as the annual organizational meeting of the Board of Supervisors for calendar year. 2002; and, ~~~~ 2f) -::: ~'~8 WHEREAS, the Board of Supervisors desires to reschedule its annual organizational meeting to occur on January 17,.2002. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors schedules its annual organizational meeting to occur on January 17, 2002 at 6:00 p.m. in the Board of Supervisors Room. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor (4-0) and no Supervisors voting against the. motion. // Supervisor MacManus moved the Board adjourn its work session at 7:40 p.m. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor (4-0) and no Supervisors voting against the ..motion. Henry H. radby, Chairman 1 1 1