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Planning commission votes to re-advertise Miller comprehensive-plan amendment after notification errors

Southampton County Planning Commission · January 9, 2025
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Summary

After the Board of Supervisors found advertising and adjoining‑owner notification errors, the Southampton County Planning Commission voted unanimously to re-advertise a major Miller comprehensive‑plan amendment affecting a 271‑acre industrial component; staff said the county would absorb roughly $500 in ad costs.

The Southampton County Planning Commission voted unanimously Jan. 9 to re-advertise a comprehensive‑plan amendment application (the "Miller" referral) after staff said the Board of Supervisors’ Dec. 17 public hearing had notification and advertising errors.

The commission’s secretary told members that the Board referred the matter back because advertisements and adjoining‑property notifications were incorrect and confusing. "They were all advertised as residential," the secretary said, adding that the industrial component comprises about 271 acres and that the Board has up to 12 months to act on the application (the staff noted the commission must forward any recommendations before the Board’s November decision window).

Applicant remarks: The applicant addressed commissioners and said he seeks to extend the industrial designation to the highway for a portion of a 424‑acre parcel—about 240 acres of that land would be newly considered for industrial use. The applicant said the site has on‑site water capacity he estimated at "1,200 gallons a minute" and that 160 acres are cleared while roughly 80 acres are woodland; he also supplied a letter of support from the Franklin/ South Hampton regional economic development contact.

Why the commission re‑advertised: Commissioners expressed concern that adjoining property owners were not properly notified and that the public hearing advertisements misstated the acreage and the request, shortcomings staff attributed to errors by a previous director. "The adjoining land owners were not notified, and the actual public hearing advertisement was incorrectly stated as far as the acreage location and the request of the actual comprehensive plan amendment," staff said.

Motion and legal/financial details: The commission made and seconded a motion to re‑advertise the application for a planning commission public hearing at a date to be determined in 2025. Staff cautioned against setting a firm date until the applicant refiles or the county completes correct advertisements to meet Virginia notice requirements; the transcript references the state advertising authority as 15.2‑2204. Staff estimated the cost to the county for re‑advertising the planning commission public hearing at roughly $500 and said the county would absorb that cost because the notification errors were administrative.

Next steps: The commission will require corrected advertisements and proper adjoining‑owner notice before holding a planning commission public hearing; any recommendation from the commission will then be forwarded to the Board of Supervisors for an additional public hearing. The item will reappear on a future agenda once the administrative defects are cured.

Votes at a glance: The motion to re‑advertise the Miller comprehensive‑plan amendment passed unanimously.