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12-01-2015 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING December 1, 2015 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, December 1, 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 Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Assistant County Administrator/Director of Planning ABSENT David Weatherford Westover District Jerry Hagerman Board of Supervisors Representative 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 6 to 0 vote (2 members were absent), the November 5, 2015, minutes were approved as presented. CHAIRMAN’S REPORT Mr. Stowe congratulated Dr. Miller on his reappointment to the Planning Commission. THE ZONING PRECEPTS WERE READ by Mr. Stowe TO OPEN THE PUBLIC HEARING at approximately 7:00 p.m. Case 1, William B. Adkins & Megan S. Adkins, R-15-037 – Mr. Stowe opened the public hearing at 7:02 p.m. Mr. Shelton, Director of Code Compliance, reported that Matthew and Megan Adkins had petitioned to rezone 1.05 acres, located on U.S. Highway 360/Old Richmond Road, in the Dan River Election District from A-1, Agricultural District and R-1, Residential Suburban Subdivision District to B-2, Business District, General. Mr. Shelton also stated once the property is rezoned to B-2, all uses listed under Section 35-365 are a permitted use. Michael Shelton was present to represent the petition. He stated he had nothing to add. Following questioning from one of the Board members, Mr. Shelton stated the structure was a general store many years ago and he was in the process of fixing up the structure; however, he did not know the property owners’ intentions for the future use of the structure. There was no opposition to Planning Commission December 1, 2015 Page 2 the petition. Mr. Stowe closed the public hearing at 7:04 p.m. During the discussion, it was stated there is another parcel of land in the general area zoned B-2; therefore, this is not a case of spot zoning. A motion was made by Mr. Horne, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone the property from A-1, Agricultural District and R-1, Residential Suburban Subdivision District to B-2, Business District, General. Motion passed by a 6 to 0 vote (2 members were absent). Case 2, David W. Goad, R-15-038 – Mr. Stowe opened the public hearing at 7:05 p.m. Mr. Shelton, Director of Code Compliance, reported that David W. Goad had petitioned to rezone 3.08 acres, located on State Road 685/Telegraph Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mr. Shelton also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. David Goad was present to represent the petition. He stated he had nothing to add except he wanted to place a new mobile home on his property for his daughter’s personal residence. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:06 p.m. During the discussion, it was stated an adjacent parcel of land was recently rezoned to A-1, and this is consistent with the community. A motion was made by Mr. Arthur, seconded by Mr. Horne, 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 6 to 0 vote (2 members were absent). Case 3, Cameron R. Jewell & Geraldine L. Jewell, R-15-039 – Mr. Stowe opened the public hearing at 7:07 p.m. Mr. Shelton, Director of Code Compliance, reported that Cameron and Geraldine Jewell had petitioned to rezone 2.51 acres, located on State Road 841/Medical Center Road, in the Tunstall Election District from RC-1, Residential Combined Subdivision District to B-2, Business District, General. Mr. Shelton also stated once the property is rezoned to B-2, all uses listed under Section 35-365 are a permitted use. Cameron Jewell was present to represent the petition. He stated he had nothing to add. Douglas Walker spoke in opposition to the petition. His concerns included, but were not limited to, the following: lead paint being stored on the property and underground tanks located on the property. Mr. Jewell offered a rebuttal and stated that no lead paint is used in his business (Gemstone, LLC). He also stated according to the previous owners of the property, the underground tanks were removed years ago. In addition, he stated his company follows all federal, state, DEQ (Department of Environmental Quality), and OSHA (Occupational Safety and Health Administration) guidelines and his company is SSPC (The Society for Protective Coatings) certified. Mr. Stowe closed the public hearing at 7:14 p.m. A motion was made by Mr. Motley, seconded by Dr. Miller, to recommend the Board of Supervisors rezone the property from RC-1, Residential Combined Subdivision District to B-2, Business District, General. Motion passed by a 6 to 0 vote (2 members were absent). Case 4, James Franklin Williams & Sandra Jacobs Williams, R-15-040 – Mr. Stowe opened the public hearing at 7:15 p.m. Mr. Shelton, Director of Code Compliance, reported that James and Sandra Williams had petitioned to rezone 1.44 acres, located on State Road 646/Spring Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mr. Shelton also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Jim Williams was present to represent the petition. He stated he had nothing to add except he wanted to build a workshop; however, the parcel is double zoned and he was unable to obtain a building permit until the property was rezoned to one zoning designation. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:16 p.m. During the discussion, it was stated the petitioned parcel is surrounded by properties zoned A-1, Agricultural District. A motion was made by Mr. Arthur, seconded by Ms. Mease, 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 6 to 0 vote (2 members were absent). Case 5, Grayson W. Jacobs, Jr., & Emily M. Jacobs, R-15-041 – Mr. Stowe opened the public hearing at 7:17 p.m. Mr. Shelton, Director of Code Compliance, reported that Grayson and Emily Jacobs had petitioned to rezone 4.06 acres, located on State Road 646/Spring Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mr. Shelton then stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Jim Williams was present to represent the petition. He stated he had nothing to add except his parcel of land is double zoned and he could not meet his setbacks to construct a workshop. He then stated his father-in-law (Mr. Jacobs) was going to cut off a portion of his parcel of land to allow for construction of a workshop. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:19 p.m. A motion was made Planning Commission December 1, 2015 Page 3 by Mr. Arthur, 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 6 to 0 vote (2 members were absent). This concludes the Rezoning cases. Case S-1, Diamond Fever Girls Fastpitch Softball Organization, Inc., S-15-014 – Mr. Stowe opened the public hearing at 7:20 p.m. Mr. Shelton, Director of Code Compliance, reported that Diamond Fever Girls Fastpitch Softball Organization, Inc., had petitioned for a Special Use Permit on 10.07 acres, located on State Road 729/Kentuck Road, in the Dan River Election District to allow for a recreational facility for sporting events and tournaments. Tim Bray was present to represent the petition. He stated the petitioned parcel of land had been used as a softball field since 1976. He also stated in order to receive support from Dick’s Sporting Goods, it would be necessary for a sign to be erected at the site. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:22 p.m. A motion was made by Mr. Horne, seconded by Mr. Motley, to recommend the Board of Zoning Appeals grant this Special Use Permit request. Motion passed by a 6 to 0 vote (2 members were absent). This concludes the Special Use Permit case. Case V-1, Brosville Community Fire Department, Inc., V-15-006 – Mr. Stowe opened the public hearing at 7:23 p.m. Mr. Shelton, Director of Code Compliance, reported that Brosville Community Fire Department, Inc., had petitioned for a Variance on 0.97 acre, located on U.S. Highway 58/Martinsville Highway, in the Tunstall Election District to Section 35.888. Minimum Yard Dimensions. (B.) Side Setback, of the Pittsylvania County Zoning Ordinance, requesting a variance of fourteen (14) feet Left Side Setback and ten (10) feet Right Side Setback to allow for construction of a 40 x 60 (2,400 square feet) building for storage of trucks for the fire department. Kevin Farris, Chief of the Brosville Community Fire Department and Brian Draper, Assistant Fire Chief, were present to represent the petition. Mr. Farris stated he had nothing to add except the department is landlocked and out of space, and they want to construct a building for storage of trucks. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:25 p.m. A motion was made by Mr. Motley, seconded by Dr. Miller, to recommend the Board of Zoning Appeals grant this Variance request. Motion passed by a 6 to 0 vote (2 members were absent). This concludes the Variance case. OLD BUSINESS Mr. Sides presented an update of the Comprehensive Plan and a revised Future Land Use Map, with one change, Route 863 has been changed to US 311, to the Board members for their review and consideration. He also stated that a recommendation was made by the Planning Commission at the October meeting that the five-year review had been completed and the Land Use Map be updated to account for changes since 2010. A motion was made by Mr. Motley, seconded by Mr. Arthur, that the revised maps be accepted as presented in accordance with the five year review process requirement. Motion passed by a 6 to 0 vote (2 members were absent). NEW BUSINESS There was no new business. The meeting was adjourned at approximately 7:31 p.m. _____________________________ Morris Stowe, Chairman _____________________________ Kathy H. Belton, Clerk