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07-01-2014 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING July 1, 2014 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, July 1, 2014, in the General District Courtroom, Chatham, Virginia. Mr. Stowe, Chairman, called the meeting to order at approximately 7:00 p.m. Mr. Stowe called the roll. PRESENT Morris Stowe Tunstall District Richard Motley Chatham-Blairs District Janet Mease Callands-Gretna District Dr. Charles H. Miller, Jr. Banister District Curtis Arthur Staunton River District Larry Welborn Dan River District Jerry Hagerman Board of Supervisors Representative Greg Sides Assistant County Administrator/Director of Planning Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator ABSENT David Weatherford Westover District HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A motion was made by Mr. Motley, seconded by Mr. Arthur, and by a 7 to 0 vote (1 member was absent), the June 3, 2014, minutes were approved as presented. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Stowe TO OPEN THE PUBLIC HEARING at approximately 7:02 p.m. Case 1, Joseph B. Hairston & Mona H. Hairston, R-14-024 – Mr. Stowe opened the public hearing at 7:02 p.m. Mr. Shelton, Director of Code Compliance, reported that Joseph and Mona Hairston had petitioned to rezone 1.01 acre, located on U.S. Highway 58 West/Martinsville Highway, in the Tunstall Election District from RMF, Residential Multi- Family District to RC-1, Residential Combined Subdivision District to allow for placement of a single-wide mobile home for rental purposes. Joseph Hairston was present to represent the petition. He stated he had nothing to add except he wanted to improve the property. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:03 p.m. A motion was made by Mr. Motley, seconded by Mr. Welborn, to recommend the Board of Supervisors rezone the property from RMF, Residential Multi-Family District to RC-1, Residential Combined Subdivision District. Motion passed by a 7 to 0 vote (1 member was absent). Planning Commission July 1, 2014 Page 2 Case 2, Wayne R. Schandelmeier & Lisa Schandelmeier, R-14-025 – Mr. Stowe opened the public hearing at 7:04 p.m. Mr. Shelton, Director of Code Compliance, reported that Wayne and Lisa Schandelmeier had petitioned to rezone 9.12 acres, located on Highway 360/Old Richmond Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for agricultural use – alpacas, chickens and a gourmet popcorn crop. Lisa Schandelmeier was present to represent the petition. She stated she had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:05 p.m. A motion was made by Mr. Welborn, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed by a 7 to 0 vote (1 member was absent). Case 3, Julio Diaz Cabrales, R-14-026 – Mr. Stowe opened the public hearing at 7:06 p.m. Mr. Shelton, Director of Code Compliance, reported that Julio Diaz Cabrales had petitioned to rezone 3.40 acres, located on State Road 845/ Hinesville Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to allow for placement of a second dwelling for his personal residence. Julio Cabrales and Danny Hearp were present to represent the petition. Mr. Cabrales stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:07 p.m. During the discussion, it was stated the petitioned parcel is surrounded by properties zoned A-1, Agricultural District and one adjacent parcel was rezoned from R-1 to A-1 in 2001. A motion was made by Mr. Motley, seconded by Mr. Welborn, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed by a 7 to 0 vote (1 member was absent). Case 4, Fred D. Curl & Sylvia C. Curl, R-14-027 – Mr. Stowe opened the public hearing at 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported that Fred and Sylvia Curl had petitioned to rezone 2.34 acres, located on State Road 751/Grassland Drive, in the Callands-Gretna Election District from A-1, Agricultural District to B-2, Business District, General for a dance hall. Fred Curl was present to represent the petition. He stated he had a petition signed by residents in favor of the rezoning for a dance hall. He also stated the building on the property has been used for weddings, birthday parties and dances in the past. There was no opposition to the petition. One of the Board members asked whether a business license is required for a dance hall. Mr. Curl replied he was not aware if a business license was required, but he would get one if one was required. Mr. Stowe closed the public hearing at 7:09 p.m. A motion was made by Ms. Mease, seconded by Mr. Motley, to recommend the Board of Supervisors rezone the property from A-1, Agricultural District to B-2, Business District, General. Motion passed by a 7 to 0 vote (1 member was absent). Case 5, Mark T. Hagood & Melissa T. Hagood, R-14-028 – Mr. Stowe opened the public hearing at 7:10 p.m. Mr. Shelton, Director of Code Compliance, reported that Mark and Melinda Hagood had petitioned to rezone 0.71 acre, located on State Road 924/Pocket Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to combine with the adjacent parcel of land zoned A-1. Mr. Gordon Kent, Attorney with Kent & Kent, P.C., was present to represent the petition. He stated the petitioners wanted to rezone the petitioned parcel to combine with the adjacent parcel of land zoned A-1, and this would allow access to the 30 acre parcel of land from the state road. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:11 p.m. A motion was made by Mr. Arthur, seconded by Mr. Welborn, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed by a 7 to 0 vote (1 member was absent). Case 6, Michael Leblanc, Jr., R-14-029 – Mr. Stowe opened the public hearing at 7:12 p.m. Mr. Shelton, Director of Code Compliance, reported that Michael Leblanc, Jr., had petitioned to rezone 10.00 acres, located on State Road 686/Markham Road, in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for agricultural use - farming. Michael Leblanc, Jr., was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:13 p.m. A motion was made by Dr. Miller, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed by a 7 to 0 vote (1 member was absent). Planning Commission July 1, 2014 Page 3 Case 7, JRayl/Rayl Properties, R-14-030 – Mr. Stowe opened the public hearing at 7:14 p.m. Mr. Shelton , Director of Code Compliance, reported that JRayl/Rayl Properties had petitioned to rezone a total of 9.34 acres, three (3) parcels of land, located on State Road 1140/Princeton Road, in the Westover Election District, from R-1, Residential Suburban Subdivision District and B-2, Business District, General to M-2, Industrial District, Heavy Industry for a trucking terminal. Mr. Shelton also reported the petitioner had submitted a proffer stating the 9.34 acres will not be used for any permitted uses, listed by right, under Section 35-402 that are not solely related to the trucking business. He also stated the petitioner had proffered any other uses, other than the uses permitted in M-2, Industrial District, Heavy Industry use, will require a new petition with a Public Hearing and approval by the Board of Supervisors. He then stated the petitioner had also proffered should the trucking terminal cease operation, the petitioner will petition the Pittsylvania County Board of Supervisors to rezone the properties back to B-2, Business District, General. He also stated JRayl trucking business is a pre-existing, grandfathered nonconforming business. He then stated should the Board of Supervisors deny this rezoning request, JRayl trucking is allowed to continue its operation in accordance with Nonconformities Section 35-161 Continuation. He also stated the business would have to discontinue its operation for a period of two (2) years to lose its grandfather clause to continue operation. Matt Selby, Director of Safety and General Counsel of JRayl Transport, Inc., was present to represent the petition. He stated the rezoning would allow the company to have more space to operate. Rev. Demetrius Crews, James Parrish, Patricia White, James Adams and James Price spoke in opposition to the petition. Their concerns included, but were not limited to, the following: Health and safety issues, increase in volume of trucks, increase in noise from trucks, excessive speeding of trucks, pollution from trucks (smell of diesel fuel), excessive dust, depreciation of property, public nuisance, no respect for the community. Mr. Selby offered a rebuttal and stated JRayl had met with the neighborhood, and the residents did have valid concerns. He also stated the company is committed to safety and would reduce the speed limit to 25 miles per hour in the yard; in addition, he would ask the neighbors to report any drivers speeding. He then stated a barrier of evergreens would be placed at the front of the road, and pressed rock would be placed on the front entrance to help contain the problem with dust. He also stated JRayl wants to be a community partner and would continue to work with the community and residents. Mr. Stowe closed the public hearing at 7:39 p.m. During the discussion, it was stated the petitioned parcels of land are located next to the by-pass and this business increases growth. It was also stated that trucks are not as noisy as trains, and the roads will continue to be improved by VDOT. A motion was made by Mr. Motley, seconded by Mr. Hagerman, to recommend the Board of Supervisors rezone the properties from R-1, Residential Suburban Subdivision District and B-2, Business District, General to M-2, Industrial District, Heavy Industry with proffers as presented. Motion passed by a 7 to 0 vote (1 member was absent). This concludes the Rezoning cases. Case S-1, Christopher B. Shively, S-14-009 – Mr. Stowe opened the public hearing at 7:43 p.m. Mr. Shelton, Director of Code Compliance, reported that Christopher Shively had petitioned for a Special Use Permit on 2.95 acres, located on State Road 716/Keeling Drive, in the Dan River Election District for an automobile graveyard. Mr. Shelton also stated a petition was in the Board packet signed by neighbors opposing the automobile graveyard. Christopher Shively was present to represent the petition. He stated the permit would not be for an automobile graveyard or a junkyard, and there would be no traffic on the property. He stated there would be eight (8) vehicles in a wooded area and there would be a sound barrier or a fence on the property. Henry A. Davis, Jr., Clyde Hammack, and Ronald Merricks spoke in opposition to the petition. Their concerns included, but were not limited to, the following: Effect on the neighborhood which has many nice, new homes; pollution from the automobiles (oil, hydraulic fluid) may harm the homes and wells in the neighborhood; concerns regarding the number of vehicles that could be placed on the property once the permit was granted, and who would control the number of vehicles on the property; concerns regarding if the permit was granted, this could open the door to many other uses. Mr. Shively offered a rebuttal and stated he would never exceed ten (10) vehicles on the property and he would scrap the vehicles. He also stated he had checked with the adjacent property owners regarding his intentions for the property and there were no problems with the neighbors. Mr. Stowe closed the public hearing at 8.02 p.m. During the discussion, it was stated an automobile graveyard is inappropriate for a nice neighborhood with new homes and new development. It was also stated this is the start of a new business and is not a grandfathered use. A motion was made by Mr. Welborn, seconded by Mr. Motley, to recommend the Board of Zoning Appeals deny this Special Use Permit request. Motion passed by a 6 to 1 vote (1 member was absent). Those voting to deny the Special Use Permit request were as follows: Mr. Stowe, Mr. Motley, Ms. Mease, Mr. Welborn, Mr. Arthur and Mr. Hagerman. Those voting to grant the Special Use Permit request were as follows: Dr. Miller. Planning Commission July 1, 2014 Page 4 This concludes the Special Use Permit case. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. The meeting was adjourned at approximately 8:03 p.m. _____________________________ Morris Stowe, Chairman _____________________________ Kathy H. Belton, Clerk