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04-07-2015 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING April 7, 2015 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, April 7, 2015, 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 David Weatherford Westover District Jerry Hagerman Board of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Assistant County Administrator/Director of Planning ABSENT Larry Welborn Dan River District HEARING OF THE CITIZENS Phillip Lovelace expressed his views regarding the new proposed zoning classification (RR-A) and stated he felt this would only benefit a few big farmers and would have a negative effect on Pittsylvania County. 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 March 3, 2015, 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 7:08 p.m. Case 1, Ralph D. Stoneburner & Others, R-15-005 – Mr. Stowe opened the public hearing at 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported that Ralph D. Stoneburner & Others had petitioned to rezone 15.49 acres, located off State Road 710/Double Creek Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to make the zoning consistent with the adjacent parcels of land zoned A-1. Fred Shanks, III, was present to represent the petition. He stated he had nothing to add, but he would answer any questions from the Board members. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:09 p.m. During the discussion, it was stated this parcel is completely surrounded by properties zoned A-1, Agricultural District. Planning Commission April 7, 2015 Page 2 A motion was made by Mr. Motley, seconded by Mr. Weatherford, 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 2, Charles E. Bernard & Trudy Payne Bernard, R-15-006 – Mr. Stowe opened the public hearing at 7:10 p.m. Mr. Shelton, Director of Code Compliance, reported that Charles and Trudy Bernard had petitioned to rezone 0.79 acre, located on State Road 869/Stony Mill Road, in the Westover Election District from B-1, Business District, Limited to R-1, Residential Suburban Subdivision District to make the zoning consistent with the adjacent parcels of land zoned R-1 and for future sale of the property. Charles Bernard 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 7:11 p.m. A motion was made by Mr. Weatherford, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone the property from B-1, Business District, Limited to R-1, Residential Suburban Subdivision District. Motion passed by a 7 to 0 vote (1 member was absent). Case 3, Tarpleys Chapel Baptist Church Trustees, R-15-007 – Mr. Stowe opened the public hearing at 7:12 p.m. Mr. Shelton, Director of Code Compliance, reported that Tarpleys Chapel Baptist Church Trustees had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of a total of 15.00 acres (approximately 1.50 acres), three (3) parcels of land, to A-1, Agricultural District to make the parcels one zoning designation and for construction of a church. He also stated the parcels are located on State Road 844/Mount Cross Road, in the Tunstall Election District. Rev. Robert Divens, James Carter and Barbara Baize were present to represent the petition. They stated they had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:13 p.m. During the discussion, it was stated the parcels are surrounded by properties zoned A-1, Agricultural District. A motion was made by Mr. Motley, seconded by Dr. Miller, to recommend the Board of Supervisors rezone the R-1, Residential Suburban Subdivision District portion of the properties to A-1, Agricultural District. Motion passed by a 7 to 0 vote (1 member was absent). Case 4, Gary N. Duren & Andrea H. Duren, R-15-008 – Mr. Stowe opened the public hearing at 7:15 p.m. Mr. Shelton, Director of Code Compliance, reported that Gary and Andrea Duren had petitioned to rezone a total of 0.88 acre, four (4) parcels of land, located off State Road 1570/Poplar Falls Drive, in the Westover Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District to allow for extension of lot lines for Lots 1-A, 2-A and 3-A zoned R-1. Gary Duren was present to represent the petition. He stated these parcels of land were part of the old railroad line and he wanted to make the zoning consistent to allow for extension of the lot lines in the Evergreen Subdivision. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:18 p.m. A motion was made by Mr. Weatherford, seconded by Ms. Mease, to recommend the Board of Supervisors rezone the properties from A-1, Agricultural District to R-1, Residential Suburban Subdivision District. Motion passed by a 7 to 0 vote (1 member was absent). Case 5, Derek Fleming Holley, R-15-009 – Mr. Stowe opened the public hearing at 7:19 p.m. Mr. Shelton, Director of Code Compliance, reported that Derek Fleming Holley had petitioned to rezone 14.43 acres, located on State Road 838/Johnson Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to make the zoning consistent with the adjacent parcel of land zoned A-1 and to permit an addition to an existing single-wide mobile home on the property which is a nonconforming use. Beverly (Monte) Holley 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 7:20 p.m. During the discussion, it was stated this has always been agricultural land. A motion was made by Dr. Miller, seconded by Mr. Motley, 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, Terry R. Karnes & Mary Karnes, R-15-010 – Mr. Stowe opened the public hearing at 7:21 p.m. Mr. Shelton, Director of Code Compliance, reported that Terry and Mary Karnes had petitioned to rezone 2.13 acres, located on State Road 868/Silver Creek Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to RC-1, Residential Combined Subdivision District to allow for placement of a second dwelling, a single-wide mobile home, on the property for their son’s residence. Terry Karnes 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 7:22 p.m. A motion was made by Mr. Weatherford, seconded by Ms. Mease, to recommend the Board of Supervisors rezone the property from R-1, Planning Commission April 7, 2015 Page 3 Residential Suburban Subdivision District to RC-1, Residential Combined Subdivision District. Motion passed by a 7 to 0 vote (1 member was absent). This concludes the Rezoning cases. Case S-1, Smith Mountain Dock & Lodge, LLC, S-15-004 – Mr. Stowe opened the public hearing at 7:23 p.m. Mr. Shelton, Director of Code Compliance, reported that Smith Mountain Dock & Lodge, LLC, had petitioned for a Special Use Permit on a total of 8.82 acres, three (3) parcels of land, located on State Road 626/Smith Mountain Road, in the Callands-Gretna Election District for a campground. Mr. Shelton also stated this was the same case and the same land the Planning Commission had recommended be granted and the Board of Zoning Appeals approved with a total of 23 proffers in May, 2014. He also stated the petitioner had presented a total of six (6) proffers instead of 23 proffers as previously submitted in 2014 and this was the same layout but less expensive. Thomas Brooks, Sr., with Acres of Virginia was present to represent the petition. He stated he desired to amend the Special Use Permit and Site Plan for the three (3) parcels of land (8.82 acres) for a campground. He then stated the amended site plan would use the current road and there would be a total of 36 recreational vehicle sites with two (2) parking spaces allotted for each site. Mr. Brooks then answered questions from the Board members regarding the new site plan and the proffers submitted. Harold Arthur spoke in opposition to the petition. He stated he resides near the petitioned parcels of land and the idea of a downgrade made him angry. He also stated he felt the parcels should be returned to their original zoning designation and he also felt the homeowners had been manipulated. Mr. Brooks offered a rebuttal and stated he had no problem with the proffers submitted and he would surface treat the roads, place concrete pads on the recreational vehicle sites and provide additional landscaping. Mr. Stowe closed the public hearing at 8:07 p.m. During the discussion, it was stated the new site plan had lots of changes and it was very different from the site plan presented to the Board in May, 2014. A motion was made by Mr. Arthur, seconded by Mr. Hagerman, to recommend the Board of Zoning Appeals deny this Special Use Permit request. Motion passed by a 7 to 0 vote (1 member was absent). This concludes the Special Use case. Case V-1, Estes Incorporated, V-15-002 – Mr. Stowe opened the public hearing at 8:17 p.m. Mr. Shelton, Director of Code Compliance, reported that Estes Incorporated had petitioned for a Variance to Section 35.369. Minimum Yard Dimensions.(A.) Front Setback, of the Pittsylvania County Zoning Ordinance for 20 feet Front Setback to allow for an additional gas pump that would be encroaching the right-of-way. He then stated the petitioned parcel is 0.75 acre, located on U.S. Highway 58/Martinsville Highway, in the Westover Election District. Michael Estes was present to represent the petition. He stated he had nothing to add except that he was adding a gas pump past the entrance next to the highway and spacing it out to allow for better traffic flow. He also stated the pump would be no closer to the right-of-way than it is currently located. There was no opposition to the petition. Mr. Stowe closed the public hearing at 8:19 p.m. A motion was made by Mr. Weatherford, seconded by Ms. Mease, to recommend the Board of Zoning Appeals grant this Variance request. Motion passed by a 7 to 0 vote (1 member was absent). This concludes the Variance case. OLD BUSINESS Mr. Shelton provided a brief update of Mr. Welborn’s health condition, and he stated a card was sent to him and a fruit basket was delivered to him on behalf of the Planning Commission. It was suggested that another get well card be sent to Mr. Welborn, who remains hospitalized at Duke University Medical Center. Mr. Shelton also reminded the Board members of the Joint Setback Subcommittee meeting to be held on Thursday, April 16, 2015. He also reminded the members to make note of any items they desired to be added to the agenda. NEW BUSINESS There was no new business. Planning Commission April 7, 2015 Page 4 The meeting was adjourned at approximately 8:23 p.m. _____________________________ Morris Stowe, Chairman _____________________________ Kathy H. Belton, Clerk