02/24/2014PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
JOINT SETBACK STUDY SUBCOMMITTEE
FEBRUARY 24, 2014
MINUTES
VIRGINIA: The Pittsylvania County Board of Supervisors Joint Setback Study Subcommittee met on
Monday, February 24, 2014, in the JTI Classroom located in the Olde Dominion Agricultural Complex,
Chatham, Virginia. Mr. Richard Modey, Chairman, called the meeting to order at approxirriately 1:00 p.m.
Mr. Motley called the roll.
PRESENT
Elton W. Blackstock Pittsylvania County Board of Supervisors
Coy E. Harville Pittsylvania County Board of Supervisors
Richard Modey Pittsylvania County Planning Commission
Curris Arthur Pittsylvania County Planning Commission
George Winn Agricultural Development Board
Roger Jefferson Agricultural Development Board
Robert Anderson Real Estate/Community Development
Timothy Clark Real Estate/Community Development
Greg Sides Assistant County Administrator/Director of Planning & Development
Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator
Fred Wydner Director of Agriculture Development
APPROVAL OF AGENDA
Mr. Harville made a request to add the Pittsylvania County Ag Fact Sheet to the agenda for discussion, revisions or
updates. Mr. Jefferson then made a request to add Scott Shallenberger with the Forestry Division to the agenda to
speak at the meeting. By a unanimous vote, the agenda was approved with the above-referenced additions.
CHAIRMAN'S REPORT
Mr. Modey recognized and welcomed Mr. Harville and Mr. Blackstock, Subcommittee Members and Pittsylvania
County Board of Supervisors members and Mr. Barksdale, Chairman of the Pittsylvania County Board of
Supervisors.
APPROVAL OF THE MINUTES
A motion was made by Mr. Harville, seconded by Mr. Blackstock, and by a unanimous vote, the minutes of the
January 27, 2014, meeting were approved with the following correction: Page 2, first paragraph, first sentence, which
reads as follows: A motion was made by Mr. Motlev to allow Mr. Jay E. Calhoun, Jr., to sit in for Mr. Roger
Jefferson in his absence with no voting rights. This sentence should be corrected to read as follows: A motion was
Joint Setback Study Subcoininittee
February 24, 2014
Page 2
made by Mr. Harville to allow Mr. Jay E. Calhoun, Jr., to sit in for Mr. Roger Jefferson in his absence with no
voting rights.
QUESTIONS SUBMITTED FROM PUBLIC IN WRITING
Mr. Sides collected written quesrions from the audience and stated these questions would be forwarded to the
Board members and would be answered at the next meeting. Several members of the audience had
previously sent Mr. Sides questions by e-mail and requested that all questions submitted be available for
public viewing. Mr. Sides stated copies of all quesrions would be available on the Pittsylvania County website
for public view. A motion was made by Mr. Winn, seconded by Mr. Jefferson, that all quesrions received are
to be reviewed by Mr. Sides. Any questions subject to State Code are to be forwarded to the appropriate
parties to respond. Any questions regulated by Pittsylvania Counry are to be forwarded to the Agricultural
Development Board. Motion passed unanimously.
PRESENTATION - NELSON DAIL & GARY WRIGHT (DEQ) & SCOTT SHALLENBERGER
Nelson Dail and Gary Wright, representatives from the Virginia Department of Environmental Quality
(DE� Lynchburg office, stated the DEQ has rules regarding how close farmers can apply animal waste and
biosolids from property lines, dwellings and wells. Under state law, animal waste and biosolids must be kept
at least 200 feet from occupied dwellings, 100 feet from a well and 100 feet from property lines. The setbacks
can be waived by the homeowner for dwellings and property lines. There is no variance for a well.
Scott Shallenberger with the Forestry Division stated he has been a forester for 29 years and works in
Pittsylvania County. He briefly discussed setback issues, right-of-way issues, access into properties and visual
buffers. He stated a buffer is not required by law. He further stated that setbacks need to be reviewed.
Ken Vipperman with the Virginia Departrnent of Health was unable to attend the meeting.
DISCUSSION OF REQUIRED SETBACKS TO PROPERTY LINES ON NEW LOTS
ADJACENT TO AGRICULTURAL ZONED PROPERTIES
Mr. Sides presented a handout to the Board members which included information on A-1, Agricultural
District and R-1, Residential Suburban Subdivision District setbacks, as well as minimum lot size (area and
width) for R-1 zoned properries. He also presented a potential addition to the Pittsylvania County Zoning
Ordinance as submitted by the Agricultural Development Board which reads as follows:
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February 24, 2014
Page 3
SEC. 35-67 AGRICULTURAL SETBACKS
In all Zoning Districts, when a parcel of land borders, or shares a common property line with, property which
is designated as A-1, Agricultural District, the setback distance from the property line shared in common with
the A-1 designated property shall be as follows:
1. 200 feet from the property line to an occupied dwelling
2. 100 feet from the property line to a water supply well or spring
In all cases where a parcel does not share a common property line with a parcel designated as A-1,
Agricultural District, the front, side and rear setback requirements shall be as specified in the applicable
zoning district regulations.
This proposal to restrict property owners adjacent to A-1, Agricultural District zoned properties was met with
disapproval from several of the Subcommittee members. One of the Board members stated that small lot
sizes within the Agricultural District are causing problems, and some parcels of land have been subdivided
into lots as small as the legal minimum size of 0.44 acre; in addition, some of the lots have a width of 25 feet,
which would not allow the property owner to build anything that would meet setback requirements if their
neighbors are farmers.
The Committee plans to look at increasing the minimum lot size in A-1, Agricultural District, and possibly
creating a separate Agricultural-Residential Zoning Designation.
Mr. Modey asked Mr. Sides if the IT Department could prepare a sample layout of a lot with setbacks,
showing minimum setbacks to a well, dwelling, etc., on a 100 x 200 foot lot and show where the dwelling,
well, and drain field would fit. Mr. Sides stated he would contact the IT Department regarding this request.
Next month's meeting was scheduled for Monday, March 17, 2014, at 2:00 p.m. in the JTI Classroom in
the Old Dominion Agricultural Center.
Prior to adjournment of the meeting, a motion was made by Mr. Winn, seconded by Mr. Jefferson, and by a
unanimous vote, to have one of the attorneys on the Agricultural Board speak at the March meeting and to
place this item on the March agenda.
Mr. Shelton made a request to the Comnuttee for guidelines as to how soon the members would like to
receive copies of the agenda and minutes prior to the meetings following approval by NLr. Sides and meeting
the requirements of the Code of Virginia.
Mr. Blackstock made a request for Mr. Sides and Mr. Wydner to develop a handout to be presented to the
Board members at the March meeting separating the requirements for biosolids and animal waste, as the
regulations are different.
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February 24, 2014
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ADJOURNMENT
The meeting was adjourned at appro�mately 2:15 p.m.
Richard G. Modey, Chairman
Kathy H. Belton, Clerk