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Planning commission backs changes to planned open‑space conservation rules, sets minimum lot size and larger setbacks

2600126 · January 23, 2025
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Summary

The commission recommended adoption of amendments to the planned open space conservation overlay (Appendix A) that set a minimum lot size of 11,000 square feet, increase street setback requirements, clarify how non‑tidal wetlands count toward open space, and authorize administrative review of home designs.

Poquoson’s Planning Commission recommended approval of a package of amendments to the Planned Open Space Conservation Overlay (Appendix A) that change lot‑area rules, setbacks and how non‑tidal wetlands count toward required open space.

The commission approved changes that replace density‑based lot rules with a minimum lot size of 11,000 square feet (roughly one quarter acre), increase the frontage setback from 20 feet to 35 feet, and clarify that identified resource‑protection areas may not be included in an individual building lot area except where home construction can be permitted administratively without a variance.

Why it matters: staff said the shift from density to minimum lot area is intended to avoid creation of lots “extremely small and not in character” with surrounding neighborhoods. The proposal retains a 50% open‑space requirement for gross land area but limits how much non‑tidal wetland may be counted toward that open space, with staff explaining that only 50% of non‑tidal wetlands may contribute to required open space; the remainder must remain in a pre‑development state and not be treated as active recreation area.

Other changes approved include raising the allowable house size thresholds, preserving a 100‑foot separation from nonresidential districts and 40 feet from existing residential districts, and allowing the zoning administrator to require submission of home‑design and home‑assessment information to ensure compatibility and protect property values. The proposed language also clarifies that additional home designs not approved as part of the development plan require separate approval before sale.

Discussion and public input: Staff presented illustrative diagrams to show how upland and landward area combine to meet the new 11,000‑square‑foot threshold, and commissioners asked questions before closing the public hearing. No members of the public spoke during the hearing on this item.

Formal action and vote: The commission held a roll call and recorded affirmative votes from Commissioner Murphy, Commissioner Hirsch, Commissioner Henderson, Commissioner Yeager, Vice Chairman Geisinger and Chairwoman Schott; the motion to recommend the amendments carried.

Next steps: Staff will prepare a resolution and forward the Planning Commission’s recommendation to City Council for final action on the text amendments.