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Planning commission approves amendment clarifying rehearing rights and height measurement after fill
Summary
The commission approved a resolution to amend the architectural control/code of ordinances to allow applicants approved with conditions to request a rehearing within 90 days when specified materials or processes are unavailable, and to measure building height from pre-development grade or base flood elevation to limit misuse of fill.
The Poquoson Planning Commission voted to amend the city's architectural control provisions and related code language to clarify rehearing rights and how building height is measured when properties are filled.
City staff explained the change would let applicants who received approval with conditions return to the Architectural Review Board within 90 days if a conditioned material or process is not available and the applicant needs to request an alternative. "If an application is approved with conditions ... an applicant may request the board to reconsider the matter provided an application for a rehearing is filed with the board within 90 days of the decision," staff read of the existing code and described the proposed clarification.
Staff also explained a technical change to limit use of excessive fill to raise building heights. The proposed code language would measure building height from the pre-development grade or the grade at base flood elevation when the parcel's pre-development grade is lower, rather than from post-development grade. "There will be no allowance... beyond that necessary to achieve an elevation at base flood," staff said, describing the amendment's intent to prevent developers from using large amounts of fill to obtain taller buildings.
Commissioners asked how the heights would be measured and how the code would be enforced; staff said development plans should show finished existing grade and that permits and citizen complaints typically bring unauthorized filling to staff attention.
A motion to amend the code was made, seconded and approved by roll call. Commissioners recorded ayes on the motion and the amendment carried. The record shows no public comment for the item.
