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BZA Packet 01 10 2022 BOARD OF ZONING APPEALS REGULAR MEETING Monday, January 10, 2022 – 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA I. CALL TO ORDER II. ROLL CALL III. MOMENT OF SILENCE IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES 1. BZA Minutes 12_13_2021 VI. ELECTION OF CHAIRMAN VII. ELECTION OF VICE CHAIRMAN VIII. OLD BUSINESS IX. NEW BUSINESS X. HEARING OF CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned Regular Meeting - January 10, 2022 time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: Case S-21-017 John Patrik Dalton; Special Use Permit for a Double- Wide Mobile Home 2. Public Hearing: Case S-21-018 Richard Carter; Special Use Permit for a Single-Wide Mobile Home 3. Public Hearing: Case S-21-019 Queen Martin; Special Use Permit for a Double- Wide Mobile Home 4. Public Hearing: Case S-21-020 James and Leighanna Dawson; Special Use Permit for a Double-Wide Mobile XI. CHAIRMAN'S REPORT XII. PUBLIC HEARING Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Board of Zoning Appeals have been empowered to hear and decide specific applications and appeals in support of said ordinance. In accomplishing this important task we are charged with promoting the health, safety, and general welfare of the citizens of Pittsylvania County. We must insure that all our decisions and recommendations be directed to these goals and that each be consistent with the environment, the comprehensive plan and in the best interest of Pittsylvania County, its citizens and its posterity. Anyone here to speak to the board, other than the applicant, regarding zoning cases will be limited to (3) three minutes. XIII. ADJOURNMENT Board of Zoning Appeals STAFF SUMMARY Case: District: Zoning Request: Agenda Date: January 10, 2022 Meeting History: 5.1 Packet Pg. 3 December 13, 2021 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting December 13, 2021 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on December 13, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman R. Allan Easley, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived R. Allan Easley Chairman Present 6:31 PM Ronald E. Merricks Vice-Chairman Present 6:27 PM Ryland Brumfield Board Member Present 6:23 PM Joseph A. Craddock Board Member Absent 6:20 PM Ann Deering Board Member Present 6:28 PM Hershel Stone Board Member Present 6:32 PM Carroll Yeaman Board Member Present 6:23 PM APPROVAL OF AGENDA Upon motion of Mr. Merricks, seconded by Mrs. Deering, and by a unanimous vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock APPROVAL OF MINUTES Upon motion of Mr. Yeaman, seconded by Mr. Stone, and by a unanimous vote, the minutes were approved as presented. 1. Minutes 11082021 RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock OLD BUSINESS The Board asked for an update on the appeal for case S-21-013, Mount Hermon Volunteer Fire & Rescue, for placement of a cell tower. Mrs. Hayes stated we do not have an update. Chris Dadak said the appeal had been filed and will move forward. 5.1.a Packet Pg. 4 Attachment: BZA Minutes 12_13_2021 (2962 : BZA Minutes 12_13_2021) NEW BUSINESS There will be four (4) Special Use Permit cases for the month of January. HEARING OF CITIZENS 1. Public Hearing: Case S-21-012 Axton Solar, LLC; Special Use Permit for a Utility Scale Solar Energy Facility The Zoning Precepts were read by Mr. Easley to open the public hearing at 7:04 pm. Mrs. Hayes, Deputy Director of Community Development, reported that Axton Solar, LLC, petitioned for a Special Use Permit on six parcels of land, a total of 225.28 acres, located off State Road 612/Medical Center Road, State Road 614/Sugar Barbour Road, and State Road 616/Mosco Road in the Tunstall Election District for a utility scale solar facility. Trey Lopez was present to represent the petition. He stated that the additional 225 acres would be added to the existing solar project to continue development. Mr. Easley asked about meeting the 5-mile radius requirement and were the additional parcels acceptable. Mr. Easley read a letter from Danny Robertson, who was not able to attend the meeting, but opposed the additional parcels being added. The Public Hearing closed at 7:11 pm. The Board discussed the petition as the Committee of the Whole. Whereas, Axton Solar, LLC has petitioned the Board of Zoning Appeals for a Special Use Permit for a utility scale solar facility. Staff recommended approval with the 17 conditions. Mr. Easley asked Mr. Lopez if they were agreeable with the 17 conditions recommended by staff, Mr. Lopez stated they would agree to them. Mr. Merricks stated that the new regulations from the Board of Supervisors would apply to this project, Mrs. Hayes stated that the application was submitted before the most recent changes were made to the ordinance, so the setbacks would remain the same. Mr. Brumfield asked if any solar facility could apply and expand as long as they don't exceed or encroach on a solar farm within the 5-mile radius, if the application was filed before the ordinance change was adopted, Mrs. Hayes stated that could be added as a condition. Mr. Yeaman asked about adding this as a condition, Mr. Merricks stated it would protect the citizens. Mr. Easley requested that 100-foot setbacks to be added to the 6 parcels which total 225 acres. He asked if the 225 acres were continuous, and Trey Lopez stated they were. Mr. Lopez handed out documentation to each board member, showing the setbacks within the buffer area on page 3, the far-left side, showing 100 feet from boundaries. Mr. Easley wanted to know what that setback that was, Mr. Lopez stated the setback was 100 feet plus the vegetative buffer. Setbacks are 100 feet from public roads, Mr. Easley asked if the 100 feet setbacks can be included, Mr. Lopez said they would accommodate that condition. Mr. Easley read the 17 conditions for a positive motion. Chris Dadak stated setbacks are 100 feet from the right-of-way and 50 from adjacent property lines. Mr. Merricks asked about setbacks on parcels zoned A-1 (Agricultural District), Mr. Yeaman stated he would like for the buffer to be 100 feet from property lines. A motion was made by Mr. Yeaman, seconded by Mr. Brumfield, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a six (6) to zero (0), one (1) absent vote. 5.1.a Packet Pg. 5 Attachment: BZA Minutes 12_13_2021 (2962 : BZA Minutes 12_13_2021) RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Ryland Brumfield, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock 2. Public Hearing: Case S-21-015; Harry Parks; Special Use Permit for a Single-Wide Mobile Home Mr. Easley opened the public hearing at 7:36 pm. Mrs. Hayes, Deputy Director of Community Development, reported that Harry Parks had petitioned for a Special Use Permit on one parcel of land, a total of 1.27 acres, located at 513 Hickory Road, in the Banister Election District for a single-wide mobile home. Mr. Parks was present to represent the petition. There was no opposition to the petition. The Public Hearing closed at 7:37 pm. The Board discussed the petition as the Committee of the Whole. Whereas, Harry Parks, has petitioned the Board of Zoning Appeals for a Special Use Permit for a single wide mobile home. A motion was made by Mr. Merricks, seconded by Mr. Stone, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a six (6) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock 3. Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation; Special Use Permit for a Campground Mr. Easley opened the public hearing at 7:39 pm. Mrs. Hayes, Deputy Director of Community Development, reported that Olde Dominion Agricultural Foundation had petitioned for a Special Use Permit on one parcel of land, a total of 49.15 acres, located at 19783 US Hwy 29, in the Banister Election District to operate a campground. Mr. Harris was present to represent the petition. There was no opposition to the petition. The Public Hearing closed at 7:41 pm. The Board discussed the petition as the Committee of the Whole. Mr. Merricks asked if the campground would only be used for events at the venue and Mr. Harris stated that it would. Mr. Brumfield asked if there were future plans for expansion and Mr. Harris stated that they anticipate expanding in the future. Whereas, Olde Dominion Agricultural Foundation, has petitioned the Board of Zoning Appeals for a Special Use Permit for a campground. A motion was made by Mr. Yeaman, seconded by Mrs. Deering, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a six (6) to zero (0), one (1) absent vote. 5.1.a Packet Pg. 6 Attachment: BZA Minutes 12_13_2021 (2962 : BZA Minutes 12_13_2021) RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock CHAIRMAN'S REPORT There was no Chairman's report. ADJOURNMENT The meeting was adjourned at 7:44 pm. 5.1.a Packet Pg. 7 Attachment: BZA Minutes 12_13_2021 (2962 : BZA Minutes 12_13_2021) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 21-017 John Patrik Dalton District: Callands-Gretna Election District Zoning Request: SUP Agenda Date: January 10, 2022 Meeting History: SUBJECT Requested by John Patrik Dalton, for a Special Use Permit for a Double-Wide Mobile Home. The property is 1.03 acres, located on Banister Road in the Callands-Gretna Election District and shown on the Tax Map as GPIN # 1484-11-5976. BACKGROUND/DISCUSSION John Patrik Dalton is requesting a Special Use Permit to allow for the placement of a double- wide mobile home on his property to be used as a personal residence. PCC § 35-223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently vacant. There are other single-wide mobile homes and double-wide mobile homes in the general area. If a Special Use Permit is granted, all applicable setback requirements and Building Code regulations would have to be met before the mobile home could be placed on the property. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, and R-1, Residential Suburban Subdivision District SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-21-017 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-017 as submitted. 2. Recommend approval of Case S-21-017 subject to conditions by the Planning Commission. 10.1 Packet Pg. 8 3. Recommend denial of Case S-21-017 as submitted. ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION: On December 7, 2021, the Planning Commission recommended by a 6 to 0 vote, with no opposition, that the petitioner’s request be granted. 10.1 Packet Pg. 9 10.1.a Packet Pg. 10 Attachment: Case S-21-017 John P Dalton (2958 : Public Hearing: Case S-21-017 John Patrik Dalton) 10.1.a Packet Pg. 11 Attachment: Case S-21-017 John P Dalton (2958 : Public Hearing: Case S-21-017 John Patrik Dalton) 10.1.a Packet Pg. 12 Attachment: Case S-21-017 John P Dalton (2958 : Public Hearing: Case S-21-017 John Patrik Dalton) 10.1.a Packet Pg. 13 Attachment: Case S-21-017 John P Dalton (2958 : Public Hearing: Case S-21-017 John Patrik Dalton) 10.1.a Packet Pg. 14 Attachment: Case S-21-017 John P Dalton (2958 : Public Hearing: Case S-21-017 John Patrik Dalton) 10.1.a Packet Pg. 15 Attachment: Case S-21-017 John P Dalton (2958 : Public Hearing: Case S-21-017 John Patrik Dalton) 10.1.b Packet Pg. 16 Attachment: Case S-21-017 John P Dalton Map (2958 : Public Hearing: Case S-21-017 John Patrik Dalton) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 21-018 Richard Carter District: Tunstall District Election District Zoning Request: SUP Agenda Date: January 10, 2022 Meeting History: SUBJECT Requested by Richard Carter, for a Special Use Permit for a Single-Wide Mobile Home. The property is 0.56 acres, located on Dry Fork Road in the Tunstall Election District and shown on the Tax Map as GPIN # 2403-12-1648. BACKGROUND/DISCUSSION Richard Carter is requesting a Special Use Permit to allow for the placement of a single-wide mobile home on the property to be used as a personal residence. PCC § 35-223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently vacant. There are other single-wide mobile homes and double-wide mobile homes in the general area. If a Special Use Permit is granted, all applicable setback requirements and Building Code regulations would have to be met before the mobile home could be placed on the property. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, and R-1, Residential Suburban Subdivision District SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-21-018 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-018 as submitted. 2. Recommend approval of Case S-21-018 subject to conditions by the Planning Commission. 3. Recommend denial of Case S-21-018 as submitted. 10.2 Packet Pg. 17 ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION: On December 7, 2021, the Planning Commission recommended by a 6 to 0 vote, with no opposition, that the petitioner’s request be granted. 10.2 Packet Pg. 18 10.2.a Packet Pg. 19 Attachment: S-21-018 Richard Carter App (2960 : Public Hearing: Case S-21-018 Richard Carter) 10.2.a Packet Pg. 20 Attachment: S-21-018 Richard Carter App (2960 : Public Hearing: Case S-21-018 Richard Carter) 10.2.a Packet Pg. 21 Attachment: S-21-018 Richard Carter App (2960 : Public Hearing: Case S-21-018 Richard Carter) 10.2.a Packet Pg. 22 Attachment: S-21-018 Richard Carter App (2960 : Public Hearing: Case S-21-018 Richard Carter) 10.2.a Packet Pg. 23 Attachment: S-21-018 Richard Carter App (2960 : Public Hearing: Case S-21-018 Richard Carter) 10.2.a Packet Pg. 24 Attachment: S-21-018 Richard Carter App (2960 : Public Hearing: Case S-21-018 Richard Carter) 10.2.b Packet Pg. 25 Attachment: S-21-018 Richard Carter Map (2960 : Public Hearing: Case S-21-018 Richard Carter) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 21-019 Queen Martin District: Tunstall District Election District Zoning Request: SUP Agenda Date: January 10, 2022 Meeting History: SUBJECT Requested by Queen Martin, for a Special Use Permit for a Double-Wide Mobile Home. The property is 0.99 acres, located at 2752 Martin Drive in the Tunstall Election District and shown on the Tax Map as GPIN # 1440-22-4247. BACKGROUND/DISCUSSION Queen Martin is requesting a Special Use Permit to allow for the placement of a double-wide mobile home on her property to be used as a personal residence. PCC § 35-223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently vacant. There are other single-wide mobile homes and double-wide mobile homes in the general area. If a Special Use Permit is granted, all applicable setback requirements and Building Code regulations would have to be met before the mobile home could be placed on the property. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, and R-1, Residential Suburban Subdivision District SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-21-019 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-019 as submitted. 2. Recommend approval of Case S-21-019 subject to conditions by the Planning Commission. 3. Recommend denial of Case S-21-019 as submitted. 10.3 Packet Pg. 26 ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION: On December 7, 2021, the Planning Commission recommended by a 6 to 0 vote, with no opposition, that the petitioner’s request be granted. 10.3 Packet Pg. 27 10.3.a Packet Pg. 28 Attachment: S-21-019 Queen Martin (2959 : Public Hearing: Case S-21-019 Queen Martin) 10.3.a Packet Pg. 29 Attachment: S-21-019 Queen Martin (2959 : Public Hearing: Case S-21-019 Queen Martin) 10.3.a Packet Pg. 30 Attachment: S-21-019 Queen Martin (2959 : Public Hearing: Case S-21-019 Queen Martin) 10.3.a Packet Pg. 31 Attachment: S-21-019 Queen Martin (2959 : Public Hearing: Case S-21-019 Queen Martin) 10.3.a Packet Pg. 32 Attachment: S-21-019 Queen Martin (2959 : Public Hearing: Case S-21-019 Queen Martin) 10.3.a Packet Pg. 33 Attachment: S-21-019 Queen Martin (2959 : Public Hearing: Case S-21-019 Queen Martin) 10.3.b Packet Pg. 34 Attachment: S-21-019 Martin Map (2959 : Public Hearing: Case S-21-019 Queen Martin) 10.3.c Packet Pg. 35 Attachment: S-21-019 Martin Plat (2959 : Public Hearing: Case S-21-019 Queen Martin) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 21-020 James and Leighanna Dawson District: Staunton River Election District Zoning Request: SUP Agenda Date: January 10, 2022 Meeting History: SUBJECT Requested by James & Leighanna Dawson, for a Special Use Permit for a Double-Wide Mobile Home. The property is 5.3 acres, located on Worley Court in the Staunton River Election District and shown on the Tax Map as GPIN # 2533-14-3849. BACKGROUND/DISCUSSION James & Leighanna Dawson are requesting a Special Use Permit to allow for the placement of a double-wide mobile home on their property to be used as a personal residence. PCC § 35-223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently vacant. There are other single-wide mobile homes and double-wide mobile homes in the general area. If a Special Use Permit is granted, all applicable setback requirements and Building Code regulations would have to be met before the mobile home could be placed on the property. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, and R-1, Residential Suburban Subdivision District SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-21-020 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-020 as submitted. 2. Recommend approval of Case S-21-020 subject to conditions by the Planning Commission. 10.4 Packet Pg. 36 3. Recommend denial of Case S-21-020 as submitted. ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION: On December 7, 2021, the Planning Commission recommended by a 6 to 0 vote, with no opposition, that the petitioners’ request be granted. 10.4 Packet Pg. 37 10.4.a Packet Pg. 38 Attachment: S -21-020 Dawson App (2961 : Public Hearing: Case S-21-020 James and Leighanna Dawson) 10.4.a Packet Pg. 39 Attachment: S -21-020 Dawson App (2961 : Public Hearing: Case S-21-020 James and Leighanna Dawson) 10.4.a Packet Pg. 40 Attachment: S -21-020 Dawson App (2961 : Public Hearing: Case S-21-020 James and Leighanna Dawson) 10.4.a Packet Pg. 41 Attachment: S -21-020 Dawson App (2961 : Public Hearing: Case S-21-020 James and Leighanna Dawson) 10.4.a Packet Pg. 42 Attachment: S -21-020 Dawson App (2961 : Public Hearing: Case S-21-020 James and Leighanna Dawson) 10.4.a Packet Pg. 43 Attachment: S -21-020 Dawson App (2961 : Public Hearing: Case S-21-020 James and Leighanna Dawson) 10.4.a Packet Pg. 44 Attachment: S -21-020 Dawson App (2961 : Public Hearing: Case S-21-020 James and Leighanna Dawson) 10.4.b Packet Pg. 45 Attachment: S-21-020 Dawson Map (2961 : Public Hearing: Case S-21-020 James and Leighanna Dawson)