Loading...
07-07-2015 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING July 7, 2015 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, July 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 Brian Horne Dan River 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 David Weatherford Westover District HEARING OF THE CITIZENS A motion was made by Mr. Motley, seconded by Mr. Arthur, and by a 7 to 0 vote (1 member was absent), that Cases S-2 and V-2 (Jeffrey Scott Crider and Rhonda Barker Crider) be heard together and Cases S-3 (Carson Lester) and S-4 (Shady Cove Cabins of VA, LLC) be heard after all other cases had been heard due to opposition to the petitions. 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 2, 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 7:03 p.m. Case 1, EST Enterprises, LLC, R-15-021 – Mr. Stowe opened the public hearing at 7:03 p.m. Mr. Shelton, Director of Code Compliance, reported that EST Enterprises, LLC, had petitioned to rezone 25.97 acres, located on U.S. Highway 58/Martinsville Highway, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for agricultural use and to bring the property into compliance with its current use - cattle. Scott Thompson 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 7:04 p.m. by Mr. Motley, seconded by Mr. Horne, to recommend the Planning Commission July 7, 2015 Page 2 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, Heath K. Hylton & Kristi G. Hylton, R-15-022 – Mr. Stowe opened the public hearing at 7:05 p.m. Mr. Shelton, Director of Code Compliance, reported that Heath and Kristi Hylton had petitioned to rezone 15.00 acres, located off U.S. Highway 41/Franklin Turnpike, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to allow for a second dwelling, a modular home, on the property which has no state-maintained road frontage. Heath Hylton 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 7:06 p.m. A motion was made by Mr. Motley, seconded by Dr. Miller, 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). This concludes the Rezoning cases. Case S-1, Brendle Stone, S-15-007 – Mr. Stowe opened the public hearing at 7:07 p.m. Mr. Shelton, Director of Code Compliance, reported that Brendle Stone had petitioned for a Special Use Permit on 0.69 acre, located on U.S. Highway 40/E Gretna Road, in the Banister Election District to allow for placement of a 1989 single-wide mobile home for her daughter’s residence. Ms. Stone was unable to attend the meeting, and Mr. Shelton stated he would answer any questions from the Board members. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:07 p.m. A motion was made by Dr. Miller, seconded by Mr. Arthur, to recommend the Board of Zoning Appeals grant this Special Use Permit request. Motion passed by a 7 to 0 vote (1 member was absent). Case S-2, S-15-009 & Case V-2, V-15-004, Jeffrey Scott Crider & Rhonda Barker Crider – Mr. Stowe opened the public hearing at 7:09 p.m. Mr. Shelton, Director of Code Compliance, reported that Jeffrey and Rhonda Crider had petitioned for a Special Use Permit for a kennel for boarding and grooming dogs. He then stated Mr. and Mrs. Crider had also petitioned for a Variance to Section 35.369. Minimum Yard Dimensions.(A.) Front Setback, (B.) Side Setback and (C.) Rear Setback, of the Pittsylvania County Zoning Ordinance for 157 feet Front Setback, 190 feet Right Side Setback, 154 feet Left Side Setback, and 54 feet Rear Setback to allow for a kennel for boarding and grooming dogs. He stated the petitioned parcel is 0.45 acre, located on State Road 685/Chalk Level Road, in the Banister Election District. Mr. Shelton then stated the Board needed to discuss approval of the Special Use Permit and Variance to approve both cases or deny both cases due to the fact the Special Use Permit could not be issued without the Variance approval. Jeff Crider was present to represent the petition. He stated he had nothing to add. Following questions from a Board member, Mr. Crider stated that all dogs would be kept inside the building and the dogs would be escorted to a small pen outside to allow for them to relieve themselves, and they would never be unsupervised. 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 Zoning Appeals grant both the Special Use Permit request and the Variance request as stated. Motion passed by a 7 to 0 vote (1 member was absent). Case V-1, William E. Meredith, Jr., & Dorothy Ann Meredith, V-15-003 – Mr. Stowe opened the public hearing at 7:14 p.m. Mr. Shelton, Director of Code Compliance, reported that William and Dorothy Meredith had petitioned for a Variance on 2.14 acres, located off State Road 978/Lakeside Road (on Emerald Point) in the Callands-Gretna Election District to Section 35.269. AREA REGULATIONS. (A.) Minimum Lot Size, §4, Minimum state maintained road frontage measure between side lot lines is equal to seventy-five (75) feet, of the Pittsylvania County Zoning Ordinance. He then stated the petitioners were requesting relief from the road frontage requirement in order to subdivide the parcel into two (2) lots to allow for a family member to build a new home on the property. Bill Meredith 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 7:16 p.m. During the discussion, it was stated there was no opposition to the petition. A motion was made by Ms. Mease, seconded by Mr. Motley, to recommend the Board of Zoning Appeals grant this Variance request. Motion passed by a 7 to 0 vote (1 member was absent). Planning Commission July 7, 2015 Page 3 Case S-3, Carson Lester, S-15-009 – Mr. Stowe opened the public hearing at 7:17 p.m. Mr. Shelton, Director of Code Compliance, reported that Carson Lester had petitioned for a Special Use Permit on 10.24 acres, located off State Road 744/Lester Lane, in the Chatham-Blairs Election District for an automobile graveyard/junkyard/salvage yard. Carson Lester was present to represent the petition. He stated he had been grandfathered for a salvage license since 1976. He then stated he has three (3) sons involved in the business transporting vehicles, and he had rezoned the property to bring it into compliance for its current use. Following questioning from a Board member, Mr. Lester stated his salvage license is renewed every two (2) years, he shut down his auto parts but he kept his salvage license. Mr. Glenn Pulley, Attorney, presented information regarding permitting, DEQ, and EPA violations previously cited on the petitioned parcel. Drew Flynn with an Environmental Assessment Agency in Roanoke, VA, stated that following an environmental assessment of the area, it was determined the site is a high risk site and is a risk to private drinking water. Sheila Cody, Phyllis Simpson and Frankie Lester spoke in favor of the petition. Ms. Cody stated Mr. Lester is an honest man. She also stated he never received letters from DMV or DEQ, and was never told he was in violation. She also stated he had not disassembled vehicles since 2009. Ms. Simpson stated the area is not an eyesore and felt Mr. Lester should be left alone. Frankie Lester stated the site is a holding facility and he transports vehicles only. He also stated there are no fluids or transmission fluids; the area is basically a parking lot. He also stated Mr. Lester’s business has been in the same location since 1976. Robert Hayden, Kinney Rorrer (presented a signed petition to the Board members), Myron Bruce, Jo Ann Grainger, Allen J. Hollie, Jr., Barry Riddle, Bill Davis, Sarita Gusler and Donna Ray (presented a signed petition to Board members) spoke in opposition to the petition. Their concerns included, but were not limited to, the following: Concerns regarding hazardous materials and toxins that cause cancer, decrease in property values, risk to wells and drinking water, etc. Mr. Lester offered a rebuttal and presented a letter to the Board members from an adjacent parcel owner who had no opposition to the junkyard. He stated he had never been fined, he kept his license to allow his sons to transport vehicles, and no dismantling of vehicles has been done since 2009. Mr. Motley thanked the citizens for their calls and support of the county and stated he had received calls from three (3) citizens who were opposed to the petition. Mr. Stowe stated he had received one (1) letter and twelve (12) calls in opposition to the petition. It was also stated Mr. Lester would be allowed to submit a proffer of conditions, should he desire to do so, prior to the Board of Zoning Appeals meeting to be held on July 14, 2015. Mr. Stowe closed the public hearing at 8:13 p.m. During the discussion, it was stated should there be future violations on the petitioned parcel, the petitioner would have to comply with the Virginia Department of Health, EPA and DEQ. A motion was made by Mr. Motley, seconded by Mr. Arthur, to recommend the Board of Zoning Appeals grant this Special Use Permit request. Motion passed by a 5 to 2 vote (1 member was absent). Those voting to grant the motion were as follows: Ms. Mease, Mr. Motley, Mr. Arthur, Dr. Miller and Mr. Hagerman. Those voting to deny the motion were as follows: Mr. Horne and Mr. Stowe. Case S-4, Shady Cove Cabins of VA, LLC, S-15-010 – Mr. Stowe opened the public hearing at 8:29 p.m. Mr. Shelton, Director of Code Compliance, reported that Shady Cove Cabins of VA, LLC, had petitioned for a Special Use Permit on 41.42 acres, located off State Road 609/Brights Road (on Hines Chapel Road), in the Staunton River Election District for a private recreational facility with cabin rentals. Dennis Shady and Russell Nixon, Surveyor, were present to represent the petition. Mr. Nixon stated the facility would be completed in phases; it would be a lakefront property and would be a campground with a total of eight (8) luxury cabins that would be rented to vacationers. He then stated the petitioners are constructing a temporary home which would later be converted to an office. He then stated this would help revenue, commerce and tourism for the area. Following questioning from one of the Board members, Mr. Nixon stated the area was not actually a campground, and there would be no campers, tents or sewage disposal. Joe Humphrey and Gerry Caprario spoke in opposition to the petition. Their concerns included, but were not limited to, the following: Safety of the property and individuals, increase of traffic in the cove, increase in erosion in the cove, deterioration of the road, increase in noise levels in the quiet neighborhood, the probability of having new neighbors every week, free-roaming pets, campfires, security issues, resale value of property, etc. Mr. Shady offered a rebuttal and stated the cabins would be secluded in the woods, and approximately one (1) cabin would be constructed over a period of twenty (20) years. He then stated he could not control the actions of the fishermen in the area, and he did not want to harm the environment. Following questioning from the Board members, Mr. Shady stated Mr. Nixon had spoken with American Electric Power (AEP) concerning docks, and they would follow the guidelines presented to them by AEP. Mr. Stowe closed the public hearing at 8:57 p.m. During the discussion, it was stated there were concerns regarding the right-of-way on the petitioned property. A motion was made by Mr. Arthur, seconded by Mr. Motley, to recommend the Board of Zoning Appeals deny this Special Use Permit request. The motion failed by a 3 to 4 vote (1 member was absent); therefore, the petition was Planning Commission July 7, 2015 Page 4 granted. The vote was as follows: Mr. Arthur, Mr. Stowe and Mr. Motley voted in favor of the motion to deny the request. Those voting against the motion to deny the request were Mr. Horne, Dr. Miller, Mr. Hagerman, and Ms. Mease. This concludes the Special Use Permit and Variance cases. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. The meeting was adjourned at approximately 8:59 p.m. _____________________________ Morris Stowe, Chairman _____________________________ Kathy H. Belton, Clerk