Planning Commission Meeting

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[0:00] 630, and I have a quorum. I'm going to insert a move around our agenda just slightly and ask
[0:10] Ms. Sherry to introduce her new boss.
[0:15] Thank you, Chairman. Yes, so it's a great pleasure.
[0:19] This week administration sent out a press release, and we're very pleased to have Mr. John
[0:24] Dougan with us here tonight. John Dougan has been tapped as our new community
[0:30] development director and he will be onboarding with us on August 17th. I just
[0:37] wanted to in your packet there is a press release with a photo of him so that
[0:42] everybody can get familiar with his face and we are excited to have new
[0:47] leadership in our department and I'm really excited to have another person so we
[0:52] We welcome you, and if you want to come up and say a few words about yourself, we would
[0:58] love to hear from you.
[1:00] Thank you.
[1:00] Thank you so much.
[1:01] You're welcome.
[1:03] Well, members of the Commission, members of the public, thank you.
[1:06] I'm happy to be almost here.
[1:09] I'm two-thirds here.
[1:10] Be here completely in a month or so.
[1:13] I look forward to working with you to help you in all your issues and challenges and planning
[1:18] that the new comprehensive updates of the plan,
[1:21] comprehensive plan, new regulations for zoning you need,
[1:25] updates probably for subdivisions
[1:26] and other site plan ordinances.
[1:28] I've done this, if you saw the sort of a press release
[1:33] about 15 times over the last 52 years,
[1:35] I've been a professional planner.
[1:38] And I'm retired, I thought, but I couldn't let this
[1:42] opportunity pass me by as something to do
[1:45] and something to be a service, continue to be a service as I have been since my first
[1:50] planning job in 1971.
[1:52] So I'm looking forward to the time with you and I hope we can do a lot of productive
[1:58] things together because this is a beautiful place.
[2:02] I just didn't let we live down the road a few miles and I'm really happy that I got this opportunity
[2:08] to be with you.
[2:10] Well, welcome.
[2:11] Thank you.
[2:11] All right.
[2:20] Well, let's go on with our minutes. I guess glad to see a few of them here. Obviously none of us had ten time to read them.
[2:28] Let's can we take a minute or two and look them over?
[2:33] Sure, Mr. Chair. We were able to capture the August 19, 2025 file with the with the minutes.
[2:43] and then we did not have a quorum in December of 2025, so the minutes reflect that.
[2:51] So basically review is the October 29th.
[2:54] Staff would also like to request a deferral on the May and the June 26 meeting minutes.
[3:02] There was a snafu with the audio on the recording and IT resolved that issue for me today.
[3:10] So I asked that we defer the approval of the minutes for May 14th, 2026 in June 11th, 2026 until our next meeting.
[3:19] Okay.
[3:20] I don't need a move.
[3:20] Thank you.
[3:21] All right.
[3:22] So let's get the date.
[3:23] Make sure we have a date straight on the October meeting.
[3:30] You've mentioned it a couple of different ways.
[3:33] What date actually did we meet?
[3:36] So, you are reviewing the draft minutes for October 9th, 1925. I mean, 2025.
[3:45] Okay. And the ninth is the right date. Okay.
[3:48] Yes.
[4:58] Mr. Chairman. I do see an error if everyone would look at line 72.
[5:05] I accidentally
[5:07] transpose those dates. So that should read staff will correct the date from May 8th to May 14th.
[5:21] That's on line 72
[5:54] well we only have the two sets to do I guess yes sir we
[6:02] will do them individually I'm almost done with this version I'm sorry I'm
[6:08] slow and 87
[6:50] give him a he pardon me line 87 give him a he
[6:59] yep on he I found it
[7:02] Okay. Thank you, sir.
[8:19] October 9, meeting minutes, can I get a motion to approve motion
[8:30] and second by Mr. Fattishen, I guess.
[8:35] With the corrections that we've already noted, the discussion
[8:43] on the motion.
[8:45] All in favor, please raise your hands. One, two, three, four. Motion passes, four, zero.
[8:50] Okay.
[8:50] Okay, minutes from December 11th, 2025, that was a lack of quorum meeting, pretty simple.
[9:02] Any additions or corrections to those?
[9:08] Motion to approve.
[9:09] The ceremony motion to approve December 11th, 2025, minutes.
[9:13] Okay.
[9:15] Okay.
[9:16] Discussion.
[9:19] All in favor, please raise your hands.
[9:21] One, two, three, four.
[9:29] Mr. Chair.
[9:31] Yes, ma'am.
[9:31] I'd like to ask you, sir, if you would like to make a motion to defer on the other two sets, if that would be proper.
[9:38] We've never done that before. I don't know that that's needed. We just don't have them, so we won't do. Very well. Thank you.
[9:45] And it just
[9:48] Yeah, we're Mr. Dugan's benefit. We usually don't sit here and read over the minutes
[9:56] but we've been
[9:57] and minutes less for a long time,
[10:00] and I'm just so happy to see a set of minutes
[10:03] that we took the time to do them.
[10:05] Usually we get them in the packet
[10:07] far ahead of time, but sure it's been very busy.
[10:12] And I'm just glad to see a set of minutes or two,
[10:14] so we can get caught up
[10:15] because we have fallen well behind what we should be doing.
[10:19] Right?
[10:20] Yeah, we'll be caught up next meeting.
[10:23] Don't make those great promises.
[10:24] All right, what's next?
[10:32] Where do you want to go there?
[10:33] Let me get it right to paper.
[10:39] Work session.
[10:45] After in our last meeting, the commission
[10:50] decided to want to write a letter to the Board of Supervisors
[10:55] asking for some help, some direction.
[11:03] After about three drafts, I think we finally
[11:06] I got something that the commission members could agree to and we sent that letter, I think last, maybe last Friday.
[11:15] Yes, we emailed your letter to administration on July the 17th.
[11:28] So we, I mean, and there's no, I wouldn't expect anything yet, but.
[11:32] Yes, Mr. Chair and commissioners, I suspect that they'll be gone.
[11:36] It's coming to us in the coming weeks with the addition of new staff.
[11:41] So that's what I suspect.
[11:50] Any comments on the letter and Senate and what we expect or having Mr.
[11:57] Dougan added to the staff helps the process, but I'm not sure it's going to cure us.
[12:02] We got lots of things that we need to be about, anything anybody wants to add to that.
[12:22] Ms. Latoya ripped it up pretty good, my first effort, and improved it tremendously.
[12:31] So yeah, she helped you with great help with it, too.
[12:55] Yeah, y'all turn your mics on, Bill, if you don't want to.
[13:02] don't know, you know, I said that I would read it to the board at their meeting if that's what they wanted to do, if that's the way they wanted to handle it.
[13:12] I don't know, Sherry, have you heard any?
[13:16] Yes, so Mr. Chair, the board has their next regular meeting on Tuesday, July 28th, and it is not on the docket for that meeting.
[13:25] I believe the meeting after that, I'm aware of would be August 3rd maybe, so that's about all I know at this point.
[13:34] All right, well, let me know.
[13:35] Yes, sir.
[13:36] Mr. Chair, my understanding is the Board of Supervisors has not seen this letter yet.
[13:41] I must rise to that, yeah.
[13:43] With the exception of Mr. Patterson.
[13:46] Mr. Rogers has not yet made it to the Board of Supervisors as of yet, but I did speak with Mr. Rogers today to remind him that the planning commission sent the administration the letter.
[14:01] And he said that he'll have the clerk send it to the board. Hopefully it'll be there tomorrow.
[14:08] I mean, one of the major things on there is, you know, it's help we need, but direction
[14:16] on what direction to go with the comp plan is probably one of the first things we need.
[14:24] And yeah, that's one of the first things we need from the board, and that needs to come
[14:29] from the board.
[14:32] Okay.
[14:38] Unfinished business.
[14:40] You got something to share?
[14:41] Yes, Mr. Chairman.
[14:43] The planning commission had asked me to provide an update on a previous Board of Zoning
[14:49] Appeals public hearing for Mr. Nathaniel Christian.
[14:54] It's been a while back now, so if you recall, he was requesting a zoning sub...
[15:00] In fact, variance, which the BCA did not, they deferred because they had requested Mr. Christian to do an existing boundary survey. I checked in with Mr. Christian that your request from our last meeting and he still has not paid for or obtained a survey. So that BCA application is still on hold pending him doing so.
[15:27] Yeah.
[15:33] Any other unfinished business?
[15:41] Shelly reminded me today that she asked about, was the lawyer going to be here?
[15:51] Chris McKenzie.
[15:53] And we did talk last time about the solar farm changes by the legislature.
[16:02] There, I thought we talked back in May or June about the county had to have something
[16:09] and in place to avoid some bad thing happening to us.
[16:14] And it was all a hurry to get done.
[16:16] And if it wasn't the last to May, it was the first of June.
[16:21] We had that discussion and we asked the question
[16:26] about that in the end of June meeting.
[16:30] And he wasn't around.
[16:32] And so I do have an update on that, Mr. Chairman.
[16:37] I understand that there is going to be a battery energy storage system presentation to the board of supervisors by AES at their August 3rd meeting.
[16:52] Maybe Mr. Patterson can confirm that for me. I did hear that from administration.
[16:56] So I think once we get the presentation to the Board, the county attorneys will then follow back up with a proposal on the ordinance update on that.
[17:11] So that is forthcoming and has not been forgotten.
[17:15] Mr. Chair, what date was that again? You said August 3rd.
[17:19] When is the board meeting in August, Mr. Patterson?
[17:22] Oh, the 26.
[17:23] Oh, the 26.
[17:24] Do you have a work session on August 3rd?
[17:28] No, that's a Sunday.
[17:29] OK, so it would probably be August 26th then.
[17:33] OK, you have me worried for a silent.
[17:36] Yeah, I'm trying to remember all the dates that get fired off to me.
[17:40] Yeah, absolutely.
[17:41] You'd probably said the 26, yeah.
[17:44] OK, yeah, sorry, I mean, it's on the 26.
[17:49] So
[17:52] Tuesday, the 26th, 26th,
[17:58] 4th Tuesday, August 26th, or 25th.
[18:02] The prime tell us is the 25th.
[18:04] The Tuesday is the 25th. Sorry, I don't have my phone with me.
[18:09] Oh, yeah, absolutely.
[18:13] I'm 2025 calendar right now.
[18:16] Uh-oh.
[18:17] That explains it.
[18:21] All right.
[18:21] Okay, any other anything in business then?
[18:24] So just to get back to your point, Mr. Chair,
[18:26] I don't think we're in any jeopardy to be penalized or anything,
[18:30] but that is something on the list of things to be done.
[18:33] Well, it wasn't, yeah, it wasn't like a, I mean,
[18:36] that penalty would be more self-inflicted because it's the way it was presented was,
[18:43] if you don't have something in your ordinance, then people can just run roughshot over you,
[18:47] and do something that we may not want to be doing.
[18:50] But that's the way it came across, I don't remember the particulars, but that's the way
[18:57] it sounded, and whether it got through the General Assembly, finally, in all their
[19:02] financial genetic, I don't know, but it
[19:08] sounded rather ominous towards us and something
[19:10] that we need to be doing.
[19:15] So I put that up pretty close to the top of list so that Mr. McKinsey can give us some insight
[19:20] on that one.
[19:20] Yes, sir, and I can give that to you at our next meeting as unfinished business.
[19:25] All right.
[19:26] Give you an update.
[19:28] We also brought up on changing the zoning on the,
[19:38] not data centers, but the telephone.
[19:42] Because if it's left in A1, the county doesn't really get any advantage on the taxes because
[19:51] of the land.
[19:52] but if it's moved, a power plant, electrical power plant is always in an industrial center, industrial zone.
[20:01] So, if we move the solar farms into industrial land, the county is going to get more money off of the taxes on the land.
[20:17] I think that should be moved into that because it is an industrial unit.
[20:25] It's a pallet plan,
[20:30] including that part of the discussion when we get to, right, when we get to him with Mr. McKinsey.
[20:36] Yeah, and Mr. Walton is correct that would have to be a zoning ordinance or a text amendment along with the legislation that the county attorney will do for the battery energy sources.
[20:47] I'm afraid that it will be a bundle.
[20:48] I'm afraid the state's already trumped somewhere along the way.
[20:51] That's what's going to happen.
[20:53] Yeah, the two go hanging and hanging though, you are correct, Mr. Walton.
[20:56] All
[20:59] right,
[21:05] and the other unfinished business.
[21:08] So did I give you an update?
[21:10] I gave you an update on the Board of Supervisors meeting that we'll have on Tuesday.
[21:17] I will be presenting the SUP that you recommended a favorable approval on to the Board on Tuesday
[21:24] for the cell tower over here on Monford Road.
[21:29] The Board of Zoning Appeals recently approved, the Board of Zoning Appeals recently approved,
[21:43] a side-yard setback from Mr. Smalley over on Sturgeon Point Road.
[21:48] He has a lot that has a road cut through the middle of the parcel that is no, you know, no doing of his own.
[21:57] So, the BCA did approve a reduced side yours set back and his neighbor did agree to that
[22:04] with new opposition.
[22:05] So, they approved that here recently in July.
[22:08] And then moving on the wetland just to give you some updates on the wetland and Chas Bay board.
[22:13] They also approved a Chas Bay permit for Mr. Smalley.
[22:19] Also, Mr. Smalley, he's down on the James River over here on Sturgeon Point Road.
[22:23] They approved him to do some repairs to his failing bulkhead and to do some updates to
[22:30] his boat rampant, his pier.
[22:32] They also extended a wetland permit.
[22:37] If you recall, we a few years back did a wetland permit for the colonial gas, natural gas pipeline
[22:43] down here.
[22:44] Route five, there's a wetland near the bridge.
[22:46] That permit expired and the wetland took action to renew that permit for them to do
[22:52] preventative maintenance on the pipeline for another five years, so they extended that.
[22:59] And then lastly, I have some updates for you on the .1 data center plan reviews.
[23:06] Staff provided on July 8th plan review comments on the mask grading plan.
[23:12] There's three sets of plans that we currently have in house that are on to review.
[23:16] one is the mask grading plan for phase one and staff gave plain review comments to
[23:23] the engineer who's Bowman on July the 8th. The second plan is a mask grading plan
[23:29] for phase two of their project and plain review comments went out to them on July 20th.
[23:36] We're waiting revisions on that as well and then lastly the construction set for phase one.
[23:42] and we gave plain review comments on July 16th.
[23:46] So we've been very busy in July,
[23:48] but we'll submit revisions on that plan as well.
[23:52] So of the three sets of plans,
[23:53] all the plain review comments have been sent back
[23:55] to the engineer and they're all three waiting revisions
[23:58] from the engineer.
[23:59] And that's all I have, Mr. Chairman.
[24:03] When we last met, there was some comment about reapplying,
[24:08] possibility of it.
[24:10] Reapplying, what do you mean?
[24:12] 1.1. I didn't have something ready. Oh, resum middle. Resum middle, whatever. Yeah, that's the
[24:19] resum middle on these three plans. Okay. Yeah. Those are resum middle. Okay. Yeah. Okay.
[24:27] There's still active plans. Were we talking about maybe the number of reviews or something?
[24:35] I think it was they had a couple of reviews and they didn't pass muster and
[24:41] and get it down to their final opportunity or something?
[24:45] Yeah, so we are still accepting revisions
[24:48] on those plans going forward,
[24:49] so that's not gonna be an issue.
[24:53] Okay.
[25:03] Any others unfinished?
[25:06] New business, either one?
[25:10] Mr. Chair, I do have a question about the status
[25:13] of the C5 data center and where they are along the process.
[25:20] Yes, Mr. Chairman, Mr. Patterson.
[25:23] C5 is another data center that was applied for with Bruce Howard construction.
[25:31] That plan is ready for final approval execution, pending some deliverables that were waiting
[25:38] on from the applicant such as their performance bond and their BMP agreements and a citing
[25:46] agreement.
[25:47] but it is ready to be approved. It's met the plan review criteria and the plan said it is ready to be executed.
[26:08] All that have you got some more staff updates or reports you want to give us?
[26:13] We've gone through them all, I guess.
[26:14] I think I have covered all my bases, Mr. Chairman.
[26:21] Public comments?
[26:28] No, not long as everybody gets a chance.
[26:44] Okay. Thank you, Lloyd.
[26:50] Yes, Mr. Davis?
[26:50] I'm here to talk again about reversing by-right.
[26:56] It's a bad idea to have by-right.
[26:59] There is no public hearing for individual product projects.
[27:04] We residents lose our voice.
[27:07] The board loses its ability to negotiate conditions.
[27:12] Every site is treated the same, regardless of location.
[27:16] There's less control over noise, lighting, and appearance.
[27:20] There is heavy construction traffic which impacts the roads.
[27:25] There is a demand on electric infrastructure, possible impact on our wonderful water.
[27:36] Changes the rural landscape.
[27:38] There are few permanent jobs compared to the land that is used.
[27:44] The land is tied up for decades.
[27:46] There is less flexibility for future boards, reduces transparency and public trust.
[27:55] And future generations are bound by today's positions and decisions.
[28:02] It doesn't mean the project is right.
[28:05] It means that public loses its opportunity to be heard.
[28:10] Decisions of that size deserve public review and not automatic approval.
[28:16] please reverse by right for data centers.
[28:20] Thank you.
[28:21] Thank you.
[28:24] Brandy Moreno.
[28:33] Hello.
[28:34] So I just have a couple statements, possibly questions.
[28:39] Regarding C5 LLC, I'm really confused after looking at the plans.
[28:43] There's no parking.
[28:45] So unless it's been updated, how can that be approved?
[28:49] That's just weird to me.
[28:50] Like, I mean, data centers don't employ many people.
[28:52] and there's usually only at max 30 per shift,
[28:55] including security, but they still have to somewhere to park.
[28:59] So that's puzzling to me.
[29:02] They also, on the original plans that I looked
[29:04] out back in June, don't have, they're missing some things
[29:09] on their plans in comparison, especially to the point ones
[29:13] and the previous valued plan, like there's
[29:17] no markings for backup generation for power.
[29:20] So, you know, it's just weird, and it leads one to think that, given who the owner of that project is, is something weird going on there, and that's concerning.
[29:38] Related to point one, I don't think this county understands the mess it's going to get in with data centers.
[29:49] especially a project like .1. And unfortunately, like Pat said, it's in a
[30:00] We don't get to say. So they can come in and they can destroy the land, they can destroy the wetlands, they can make barnets flood, because that's what's going to happen. Because when you take away the natural resources, aka the trees and the land that's there, and the swamp that's been there for decades, water is going to go downstream.
[30:23] And it's disheartening, it's disheartening to think that we're just going to throw away our environment for that.
[30:30] But at what point do we grow backbone as a county?
[30:35] I think in the last year and a half, a lot of citizens have come out and they've said, we don't want data centers here.
[30:41] There's a lot of risk to them.
[30:43] We're not just talking environmental, we're talking health risks, risks to the county, financial risks that we don't even know about because we're in an empty county.
[30:52] Let's face it.
[30:53] I mean, we have to buy participation awards for our financial presentations.
[30:58] How can we effectively as a county managing project is big as 0.1 when we can't even get the stuff inside the county right?
[31:10] That's concerning and it's sad because you guys don't get to say you give that right up, thank you.
[31:23] Fraser Floyd.
[31:33] I share Mrs. Morano's concerns about point one and C5 LLC because I also looked at site plan and didn't see any parking on there and nowhere did it indicate, like she said, it probably had
[31:50] maybe 8% of the detail that point one site plan had as far as power generation where the backup generators would be, it didn't have any of that.
[32:02] on there, and it had no parking.
[32:03] And that is a requirement for a site plan review, I think.
[32:08] So I'm a little puzzled how that one is ready for approval.
[32:12] And 0.1, I just want to say again that a natural gas power
[32:20] plant is not a by right use, even if it's
[32:24] in an industrial zoned area.
[32:28] So just because they're calling it a data center
[32:30] there doesn't make it by right.
[32:34] The data center part might be,
[32:35] but the natural gas power plant that they're building,
[32:38] which is more than the data center on the site plan,
[32:42] it's not by right.
[32:44] It requires a public hearing and SUP,
[32:48] and no one in the county administration,
[32:50] this commission, the Board Supervisor,
[32:52] no one seems to be talking about that or even care,
[32:56] that they're slinging in a natural gas power plant
[32:58] And we've already defeated what three in the past.
[33:02] I know at least two in that same area.
[33:06] And now we're just allowing it to come in by right.
[33:11] That's not right.
[33:13] There's nothing right about that.
[33:16] And I also want to echo what Mrs. Marano said that point one is so beyond the scope of what
[33:27] But this county can handle and understand we, these people, these developers, they're so
[33:36] big and they have an answer for everything and this is a small rural agricultural county.
[33:45] It's not the place there.
[33:47] When I worked for the cooperative extension in Florida and in Virginia, we had a saying,
[33:52] the right plant in the right place, that any plant can be a weed, even a rose bush could
[33:56] be a weed if it's planted in the wrong place. And I think with planning the right project
[34:02] in the right place is the same thing. And it is a valuable thing to consider when you
[34:10] look at a project like that. Does something like that belong on wetlands where there's
[34:16] a perennial stream where there are three intermittent streams. That area acts as a natural stormwater
[34:21] our management system for the county and it does it for free and we're just going to
[34:26] pay over it and call it make it all impervious because it's by right but just because it's
[34:34] by right is make it right. That's my point and the power plant is not by right and I'd like
[34:42] to see someone from this commission bring that up to the board because it's not it's not
[34:48] It's not in the ordinances, it's not in the zoning, it's not allowed, it's an SUP, and you all know it.
[34:55] So, I'd appreciate if somebody would take some initiative on that besides me, and I'm banging the drum every month on it, so, thank you for your time.
[35:05] Thank you.
[35:07] Anyone else have a public comment?
[35:11] Mr. Chair, is this a, is this being streamed or recorded?
[35:14] it?
[35:17] Is this being streamed? Yes. Okay so it can be found on I guess our YouTube or the county website.
[35:26] All right.
[35:29] Yes, Mr. Chair, Mr. Patterson. The decision was made by administration
[35:34] earlier this year that we would begin recording these proceedings in the same manner that the Board
[35:40] of supervisors meetings are recorded. So we are alive. We have audio and video during
[35:47] these sessions now.
[35:51] Thank you.
[35:58] Good question. I
[36:05] can check with administration for you,
[36:07] Ms. Davis, and give you information on where to find those. Yes, ma'am.
[36:16] No other public comments? We're down to commissioners comments.
[36:25] All right.
[36:32] Do you have an application's
[36:33] For the next meeting, for.
[36:37] No, Mr. Chair, currently, community development has no applications for public hearing at this time.
[36:45] Okay, so the need to meet the second Thursday in August, probably not there,
[36:54] we don't need to meet unless
[37:00] there are some things we want to work on.
[37:02] Yeah. Aren't we still waiting for language on the BESS from Mr. McKenzie?
[37:09] Oh, yeah. I mean, we were going to have that June 11th, I think. We were expecting
[37:15] that June 11th. Yeah, I would not hear anything from him. I don't know what to.
[37:19] Right. All right. So,
[37:23] all right. So if the attorney has some things we need to be acting
[37:26] on fairly quickly, that would be a good excuse to meet.
[37:29] I think we need to initiate concerning amendments immediately, don't we?
[37:36] Oh, on that.
[37:37] Yeah.
[37:37] It's way sounded, but no one else seems to be excited about it.
[37:44] Does anyone have their scheduled meeting schedule in their binder?
[37:50] What you looking for?
[37:51] For the next state that you want to meet.
[37:54] Whatever the second Thursday in August is.
[38:00] Okay thank you so primarily we'd be looking for an update for Mr. Mackenzie regarding especially some of the legislative updates, legislative
[38:18] actions,
[38:21] right?
[38:22] Yes I'll put in that requester.
[38:24] All right and no applications to deal with and maybe we'll hear something back from Board Supervisor by then I don't know.
[38:30] And we'll have a couple more minutes to look at.
[38:33] Yep, all right.
[38:34] So next meeting will be August 13th at 6.30 p.m., August 13th.
[38:41] I think that's what we said.
[38:42] Let me make sure we go back again.
[38:44] Yep, August 13th.
[38:54] Anything else to gain our attention tonight?
[38:58] Mr. Chairman, staff would just like to note the Mr.
[39:02] Clyde Miles joined us this evening so we will mark him present.
[39:06] Thank you, Mr. Miles.
[39:08] Mr. Miles, did you have the opportunity to meet our new community development director, Mr. Dugan?
[39:13] I have not.
[39:13] He is sitting right here and we are proud to have him, so Mr. Dugan, this is Mr. Clyde, Lenny Miles.
[39:20] Nice to meet you.
[39:21] Thank you.
[39:22] All right.
[39:24] With that, we are adjourned.
[39:26] Thank you all.