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PC Minutes 04 03 2018 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING April 3, 2018 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, April 3, 2018, in the General District Courtroom, Chatham, Virginia. Mr. Motley, Chairman, called the meeting to order at approximately 7:00 p.m. Mr. Motley called the roll. PRESENT Richard Motley Chatham-Blairs District Timothy Dudley Staunton River District Morris Stowe Tunstall District Janet Mease Callands-Gretna District Dr. Charles H. Miller, Jr. Banister District H. F. Haymore, Jr. Westover District Brian Horne Dan River District Joe Davis Board of Supervisors Representative Karen N. Hayes Deputy Director of Community Development Greg Sides Assistant County Administrator J. Vaden Hunt County Attorney HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE AGENDA A motion was made by Mr. Stowe, seconded by Mr. Dudley, and by a unanimous vote, the agenda was approved as presented. APPROVAL OF THE MINUTES A motion was made by Mr. Stowe, seconded by Mr. Horne, and by a unanimous vote, the March 6, 2018, minutes were approved as presented. CHAIRMAN’S REPORT Mr. Motley welcomed Mr. Vaden Hunt, County Attorney, Mr. Greg Sides, Assistant County Administrator, and Mrs. Stowe to the meeting. He then congratulated Mrs. Karen Hayes on her recent promotion to Deputy Director of Community Development. THE ZONING PRECEPTS WERE READ by Mr. Motley TO OPEN THE PUBLIC HEARING at approximately 7:03 p.m. Planning Commission April 3, 2018 Page 2 Case R-18-006, Virginia Elizabeth Oakley Rich & Sharon Oakley Gilbert – Mr. Motley opened the public hearing at 7:03 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Virginia Rich and Sharon Gilbert had petitioned to rezone a total of 2.60 acres, four (4) parcels of land, located on State Road 810/McNeely Lane, in the Dan 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. Mrs. Hayes also stated once the properties are rezoned to A-1, all uses listed under Sections 35-178 are permitted. Mrs. Rich was present to represent the petition. She stated she and her sister wanted to rezone the four (4) parcels of land to combine them with the family farm. There was no opposition to the petition. During the discussion, it was stated the petitioned parcels are very long and narrow, but not deep. A motion was made by Mr. Horne, seconded by Mr. Davis, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. Case R-18-007, Freddie Leroy Melton, Sr., & Dawn May Perkins Melton – Mr. Motley opened the public hearing at 7:06 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Freddie and Dawn Melton had petitioned to rezone a total of 22.15 acres, five (5) parcels of land, located on State Road 626/Museville Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for agricultural use – to fence in for cattle. Mrs. Hayes also stated once the properties are rezoned to A-1, all uses listed under Sections 35-178 are permitted. Mr. Melton was present to represent the petition. He stated the land was zoned R-1 when he purchased the properties and he wanted to rezone to allow him to have a few cattle. He also stated he wanted to tear the old tobacco barns down and build a home. There was no opposition to the petition. A motion was made by Ms. Mease, seconded by Mr. Stowe, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. This concludes the Rezoning cases. Case S-18-002, Christopher B. Shively – Mr. Motley opened the public hearing at 7:08 p.m. Mrs. Hayes, Deputy Director of Community Development, 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 a public garage. Mr. Shively was present to represent the petition. He stated he had nothing to add except he wanted the Special Use Permit for a garage. He then stated the local farmers bring their equipment to his shop for repairs. Henry A. Davis, Jr., spoke in opposition to the petition. His concerns included, but were not limited to, the following: Mr. Shively’s petition for an automobile graveyard was denied by the Board of zoning Appeals in 2014; he violated the ordinance then and he is still violating the ordinance; this is spot zoning. Mr. Shively offered a rebuttal and stated he does not advertise his business; he tries to help his fellow man and does not want to cause any problems. He then stated he would stand behind the proffers as presented. Mr. Horne then read the proffered conditions to Mr. Henry Davis as presented in the Board packet and Mr. Davis stated the proffered conditions were acceptable. Mr. Motley closed the public hearing at 7:16 p.m. An individual in the audience stated he would also like to speak regarding this case. Mr. Motley reopened the public hearing at 7:17 p.m. John Thomas Bennett stated he lives across the highway from the garage and there is no noise at the facility. He then stated the quality of Mr. Shively’s work is very good. Mr. Motley closed the public hearing at 7:19 p.m. A motion was made by Mr. Horne, seconded by Mr. Davis, to recommend the Board of Zoning Appeals grant the Special Use Permit request with proffered conditions as presented. Motion passed by a 7 to 1 vote. Those voting to grant the motion were as follows: Mr. Motley, Mr. Dudley, Ms. Mease, Dr. Miller, Mr. Haymore, Mr. Horne and Mr. Davis. Those voting against the motion were as follows: Mr. Stowe. Case V-18-001, Robin M. Holley, Et Als, Penny M. Mayhew, Et Als, Goldy H. Purcell, Et Als, Richard J. Purcell, Et Als – Mr. Motley opened the public hearing at 7:21 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Robin M. Holley and Others had petitioned for a Variance on 1.17 acres, located on State Road 980/Clearwater Lane, in the Callands-Gretna Election District to Section 35.269. Planning Commission April 3, 2018 Page 3 AREA REGULATIONS. (A.) Minimum Lot Size, #4, of the Pittsylvania County Zoning Ordinance to allow for subdivision of the property between family members. Mrs. Hayes then stated because of the zoning of the property, the petitioners have no state maintained road frontage. Goldy and Richard Purcell were present to represent the petition. They stated the property had been in their family since the 1960s; the property has no road frontage and they wanted to separate the property now to avoid any confusion to their children. Mrs. Hayes presented a letter to the Board members from AEP, Appalachian Power, regarding the Variance application for their review. The petitioners stated should the Variance be allowed, they would keep the property a minimum of fifteen (15) years, and if this changed, they understood the Variance would be revoked. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:24 p.m. A motion was made by Ms. Mease, seconded by Mr. Haymore, to recommend the Board of Zoning Appeals grant this Variance request. Motion passed unanimously. This concludes the Variance case. Case S-17-014, Mountain Valley Pipeline, LLC – Mr. Motley opened the public hearing at 7:26 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Mountain Valley Pipeline, LLC, had petitioned for a Special Use Permit on a total of 80.44 acres, two (2) parcels of land, located on State Road 692/Transco Road, in the Banister Election District for a gas transmission facility and related buildings. Mr. Robert Pichardo, Senior Staff Attorney with EQT Corporation was present to represent the petition. He provided an update on the project, including receiving certification from FERC, Erosion and Sediment Plan Approval, receipt of all driveway permits from VDOT, etc. Mark Joyner spoke in opposition to the petition. His concerns included, but were not limited to, the following: The area is fenced in and needs to have public access to the cemetery on the property; interconnect is dangerous; the area is an unmanned site; venting of gas into the air is dangerous; work is being done on the site before the Special Use Permit has been granted; the project should be delayed six (6) months to allow for reevaluation of the situation. A copy of Mr. Joyner’s concerns was presented to the Board members for their review. Mr. Paul Secenger (sp), Senior Engineer, stated that safety is the primary goal of the company and then presented a brief summary of safety features. Mr. Pichardo then addressed the Board members’ concerns regarding safety measures, etc., provided by the company. Mr. Motley closed the public hearing at 8:07 p.m. A motion was made by Dr. Miller, seconded by Mr. Dudley, to recommend the Board of Zoning Appeals grant the Special Use Permit request with proffered conditions as presented. Motion passed by a 7 to 1 vote, with one (1) member, Mrs. Mease, abstaining. This concludes the Special Use Permit cases. OLD BUSINESS There was no old business. NEW BUSINESS Mr. Sides congratulated Mrs. Hayes on her recent promotion to Deputy Director of Community Development. Mr. Sides and Mr. Nathan Blackwell, P.E., agent for Mr. David Hutcherson who was unable to attend the meeting, presented a proposed Conservation Easement Summary for the Board’s review, for a total of 213.38 acres, two (2) parcels of land, in the northeast portion of Pittsylvania County. The parcels are located just off Level Run Road on Little Straightstone Creek and Straightstone Creek, and the areas along the creeks of the parcels are within the 100-year flood plain. There is a large gas pipeline running through the properties. The properties are zoned A-1, Agricultural District, and they are intended to remain in agriculture. The Blue Ridge Planning Commission April 3, 2018 Page 4 Land Conservancy has no objections to this request. Placing conservation easements on these parcels will support the goals of the Comprehensive Plan by protecting prime agricultural lands important to Pittsylvania County’s economy, as well as protecting the water quality in Little Straightstone Creek and Straightstone Creek. A motion was made by Mr. Dudley, seconded by Dr. Miller, that these properties are consistent with the Comprehensive Plan. Motion passed unanimously. The meeting was adjourned at approximately 8:17 p.m. _____________________________ Richard G. Motley, Chairman _____________________________ Kathy H. Belton, Clerk