The URL can be used to link to this page

PC 11 04 2021 PLANNING COMMISSION REGULAR MEETING Thursday, November 4, 2021 – 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. PLEDGE OF ALLEGIANCE V. 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 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. VI. APPROVAL OF AGENDA VII. APPROVAL OF MINUTES 1. Planning Commission Minutes 09_07_2021 VIII. CHAIRMAN'S REPORT IX. PUBLIC HEARING Regular Meeting - November 4, 2021 Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Planning Commission have been empowered to hear and decide specific applications in support of said ordinance and to make recommendations to the Board of Supervisors or the Board of Zoning Appeals. 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 regarding zoning cases will be limited to (3) three minutes. Case Public Hearing: Case R-21-028 Gary and Jeanette Short: Public Hearing: Case R-21-028 Gary and Jeanette Short; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Harker) Case Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church: Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Mease) Case Public Hearing: Case R-21-031; George Shelton: Public Hearing: Case R-21- 031; George Shelton; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Henderson) Case Public Hearing: Case R-21-032; Richard & Rhonda Hash: Public Hearing: Case R-21-032; Richard & Rhonda Hash; Rezoning from R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, to A-1, Agricultural District Case Public Hearing: Case S-21-012 Axton Solar, LLC: Public Hearing: Case S-21- 012 Axton Solar, LLC; Special Use Permit for a Utility Scale Solar Energy Facility (Stowe) Case Public Hearing: Case S-21-015; Harry Parks: Public Hearing: Case S-21- 015; Harry Parks; Special Use Permit for a Single-Wide Mobile Home (Henderson) Case Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation: Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation; Special Use Permit for a Campground (Henderson) Case Public Hearing: Case CA-21-003 George Nedriga: Public Hearing: Case CA-21- 003 George Nedriga; Amendment to Pittsylvania § County Code 35-61. Regular Meeting - November 4, 2021 Case Public Hearing: Case CA-21-004; Solar Ordinance: Public Hearing: Case CA-21-004; Solar Ordinance; Amendment to Pittsylvania County Code (“PCC”), Chapter 35, Division 4, Supplementary Regulations; PCC Sec. 35-141(C), Utility Scale Solar Energy Facility; and PCC Sec. 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. X. OLD BUSINESS XI. NEW BUSINESS 1. Public Hearing: Case V-21-002 Jessica O'Neal; Requesting a Variance to Section 35- 369. MINIMUM YARD DIMENSIONS. (A.) Front Setbacks, and (C.) Rear Setback. (Mease) XII. ADJOURNMENT Planning Commission STAFF SUMMARY Case: Minutes for September 7, 2021 District: Zoning Request: Agenda Date: November 04, 2021 Meeting History: 10/05/21 Planning Commission MEETING CANCELLED Next: 11/04/21 7.1 Packet Pg. 4 September 7, 2021 Regular Meeting Pittsylvania County Planning Commission Regular Meeting September 7, 2021 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on September 7, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman - Westover District H.F. Haymore, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived H.F. Haymore Chairman - Westover District Present 6:37 PM Nathan Harker Vice Chairman - Staunton River District Present 6:37 PM Colette Henderson Member - Banister District Present 6:35 PM Janet Mease Member - Callands-Gretna District Present 6:34 PM Brian K. Horne Member - Dan River District Absent 6:41 PM Morris Stowe Member - Tunstall District Present 6:40 PM Richard Waters Member - Chatham-Blairs District Present 6:36 PM Timothy W. Dudley Board of Supervisors Rep Present 6:41 PM HEARING OF CITIZENS No citizens came forward to speak. APPROVAL OF AGENDA A motion was made by Mr. Stowe, seconded by Mr. Dudley, and by a seven (7) to zero (0) vote, one (1) absent, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Morris Stowe, Member - Tunstall District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Mease, Stowe, Waters, Dudley ABSENT: Horne APPROVAL OF MINUTES 1. PC Minutes 08_03_2021 A motion was made by Mr. Dudley, seconded by Mr. Stowe, and by a seven (7) to zero (0) vote, one (1) absent, the August 3, 2021 minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Board of Supervisors Rep SECONDER: Morris Stowe, Member - Tunstall District AYES: Haymore, Harker, Henderson, Mease, Stowe, Waters, Dudley ABSENT: Horne CHAIRMAN'S REPORT 7.1.a Packet Pg. 5 Attachment: PC Minutes 09072021 (2785 : Planning Commission Minutes 09_07_2021) There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case R-21-027; Andrew Pope; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Mease) Mr. Haymore opened the public hearing at 7:01 p.m. Mrs. Ragsdale, Director of Community Development, reported that Andrew Pope, petitioned to rezone 1.339 acres, generally located off Galveston Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District, to A-1 Agricultural District, to combine with an adjacent parcel of land zoned A-1. Andrew Pope was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:02 p.m. A motion was made by Mrs. Mease, seconded by Mr. Harker to recommend the Board of Supervisors grant the rezoning request. Motion passed by seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Nathan Harker, Vice Chairman - Staunton River District AYES: Haymore, Harker, Henderson, Mease, Stowe, Waters, Dudley ABSENT: Horne 2. Public Hearing: Case R-21-029; High Country Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Waters) Mr. Haymore opened the public hearing at 7:04 p.m. Mrs. Ragsdale, Director of Community Development, reported that High Country Holdings, LLC, has petitioned to rezone 2.902 acres, generally located on Waller Lane, in the Chatham-Blairs Election District from A-1, Agricultural District, to R-1 Residential Suburban Subdivision District, to combine with adjacent parcels of land zoned R-1. William Emerson, Jr. was present to represent the petition. Adjacent property owner, Justin Ferrell, who resides on Macy Herndon Lane voiced concerns about future uses of the property since utilities had been installed underground and the land had been cleared. Mr. Emerson stated that he intends to build three (3) stick-built homes that will enhance the neighborhood. Mrs. Ragsdale stated that the map presented as part of the packet only created one (1) lot. If Mr. Emerson wished to further subdivide the property, an additional plat would need to be submitted to Staff for review. Mr. Haymore closed the public hearing at 7:13 p.m. A motion was made by Mr. Waters, seconded by Mr. Dudley to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote, one (1) absent. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Mease, Stowe, Waters, Dudley ABSENT: Horne 3. Public Hearing: Case S-21-010; Roger & Debra Emerson; Special Use Permit for a Private Club (Waters) 7.1.a Packet Pg. 6 Attachment: PC Minutes 09072021 (2785 : Planning Commission Minutes 09_07_2021) Mr. Haymore opened the public hearing at 7:18 p.m. Mrs. Ragsdale, Director of Community Development, reported that Roger & Debra Emerson, dba Da Spot, LLC, petitioned for a Special Use Permit on one parcel of land, a total of 5.67 acres located at 4953 Whitmell School Road in the Chatham-Blairs Election District. Christy Watkins was present to represent the petition. Adjacent property owner, Tammie Kidd Meeks, who resides on Whitmell School Road spoke in favor of the Special Use Permit being granted. Mr. Haymore closed the public hearing at 7:20 p.m. A motion was made by Mr. Waters, seconded by Mr. Harker that the Special Use Permit be granted with conditions submitted by staff. 1. Any outdoor club events or outdoor music must end by 10:00 p.m. Monday -Thursday and by midnight (12:00 a.m.) Friday-Saturday. 2. Must remain in compliance with the Pittsylvania County Noise Ordinance. Motion passed by a seven (7) to zero (0) vote, one (1) absent. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Nathan Harker, Vice Chairman - Staunton River District AYES: Haymore, Harker, Henderson, Mease, Stowe, Waters, Dudley ABSENT: Horne 4. Public Hearing: Case S-21-11; David Roach; Special Use Permit for a Single-wide Mobile Home (Henderson) Mr. Haymore opened the public hearing at 7:21 p.m. Mrs. Ragsdale, Director of Community Development, reported that David Roach petitioned for a Special Use Permit on one parcel of land, a total of 2.5 acres located Beverly Heights Road in the Banister Election District. David Roach was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:22 p.m. A motion was made by Ms. Henderson, seconded by Mrs. Mease that the Special Use Permit be granted. Motion passed by a seven (7) to zero (0) vote, one (1) absent. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Stowe, Waters, Dudley ABSENT: Horne 5. Public Hearing: Case S-21-013; Mount Hermon Volunteer Fire & Rescue, Inc.; Special Use Permit for a Cell Tower (Waters) Mr. Haymore recused himself from hearing this case due to a conflict of interest. Mr. Harker, Vice-Chairman, opened the public hearing at 7:23 p.m. Mrs. Ragsdale, Director of Community Development, reported that Mount Hermon Volunteer Fire & Rescue/HaDisha Gordon petitioned for a Special Use Permit on one parcel of land, a total of 5.67 acres, located at 4268 Franklin Turnpike, in the Chatham-Blairs Election District for the placement/construction of a new cell tower. HaDisha Gordon was present to represent the petition. There was opposition to the petition. Ed Donohue spoke on behalf of SBA Towers, he stated that the proposed tower is not needed, stating that there is an existing monopole tower located within eyesight that can be modified to accommodate future needs for AT&T, and it underscores the importance of prioritizing co- 7.1.a Packet Pg. 7 Attachment: PC Minutes 09072021 (2785 : Planning Commission Minutes 09_07_2021) location. Ray Earp, member of Mounty Hermon Volunteer Fire & Rescue, spoke in support of the proposed tower, stating that it would be an asset for Mount Hermon Volunteer Fire & Rescue by increasing service coverage and the ability to transmit patient information to hospitals in a timely manner. HaDisha Gordon stated that the existing tower is very costly to operate, and the proposed tower will reduce future costs and improve coverage, as it will be 5G. The proposed tower will be 260 feet in height with an equipment compound area of 40 x 60 feet. Mr. Harker closed the public hearing at 7:40. A motion was made by Mr. Waters, seconded by Mr. Stowe that the Special Use Permit be granted. Motion passed by a six (6) to zero (0) vote, one (1) absent, one (1) abstained. RESULT: APPROVED [6 TO 0] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Morris Stowe, Member - Tunstall District AYES: Harker, Henderson, Mease, Stowe, Waters, Dudley ABSTAIN: Haymore ABSENT: Horne 6. Public Hearing: Case S-21-014; The Dock at SML, LLC; Special Use Permit for a Marina (Mease) Mr. Haymore opened the public hearing at 7:39 p.m. Mrs. Ragsdale, Director of Community Development, reported that The Dock at SML, LLC, requested to withdraw their petition for a Special Use Permit for a marina. The public hearing closed at 7:40 p.m. Upon motion of Mr. Harker, seconded by Mrs. Mease, the board voted to accept the applicant’s request to withdraw the petition for a Special Use Permit without penalty. Motion passed by a seven (7) to zero (0) vote, one (1) absent. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Stowe, Waters, Dudley ABSENT: Horne 7. Public Hearing: Case CA-21-002; Code Amendment to Pittsylvania County Code (“PCC”), Chapter 35, Division 11, Industrial District, Light (M-1); PCC Sec. 35-387, Maximum Height of Buildings; and PCC, Chapter 35, Division 12, Industrial District, Heavy Industry (M-2); PCC Sec. 35-406, Maximum Height of Buildings. Kattie Saunders from Economic Development spoke on behalf of Matthew Rowe, Director of Economic Development, in support of the project. She stated that currently there are three (3) projects that would benefit from this Code Amendment. She mentioned that Economic Development had spoken with Local Fire Officials, and they have no concerns with ladder trucks being unable to respond or additional safety issues due to the increased maximum building height. 7.1.a Packet Pg. 8 Attachment: PC Minutes 09072021 (2785 : Planning Commission Minutes 09_07_2021) RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Board of Supervisors Rep SECONDER: Richard Waters, Member - Chatham-Blairs District AYES: Haymore, Harker, Henderson, Mease, Stowe, Waters, Dudley ABSENT: Horne OLD BUSINESS There was no old business. NEW BUSINESS There will be two (2) rezoning cases, one (1) special use permit and one (1) code amendment case for October. ADJOURNMENT The meeting was adjourned at 7:48 p.m. 7.1.a Packet Pg. 9 Attachment: PC Minutes 09072021 (2785 : Planning Commission Minutes 09_07_2021) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-028 Gary and Jeanette Short District: Staunton River Election District Zoning Request: R-1 to A-1 Agenda Date: November 04, 2021 Meeting History: 10/05/21 Planning Commission MEETING CANCELLED Next: 11/04/21 SUBJECT Requested by Gary & Jeanette Short, to rezone property located off State Road 762/Simpson Lane, in the Staunton River Election District and shown on the Tax Map as GPIN# 2522-28- 2636. The applicants are requesting to rezone a total of 34.91 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to combine with an adjacent parcel of land zoned A-1. BACKGROUND/DISCUSSION Gary & Jeanette Short are requesting to rezone a total of 34.91 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, so that property lines may be adjusted. If rezoned, the property will be consolidated with an adjacent parcel currently zoned A-1, Agricultural District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. A plat titled Gary R. & Jeanette L. Short has been submitted with the application to identify the area where zoning changes are necessary and to present the proposed property line adjustments. The applicants are proposing to redraw property lines, creating three (3) parcels using the Family Exemption allowed under §15.2-2244 and §15.2-2244.1 of the Code of Virginia. The properties can only be transferred to an immediate family member of the original subdivider for fifteen (15) years. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. 9.1 Packet Pg. 10 RECOMMENDATION Staff recommends APPROVAL of Case R-21-028, submitted by Gary & Jeanette Short, requesting to rezone a total of 34.91 acres located off State Road 762/Simpson Lane, in the Staunton River Election District and shown on the Tax Map as GPIN# 2522-28-2636, to allow property lines to be adjusted. The subject property is adjacent to properties currently zoned A-1, Agricultural District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-21-028 as submitted. 2. Recommend denial of Case R-21-028 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 9.1 Packet Pg. 11 9.1.a Packet Pg. 12 Attachment: Case R-21-028 Short Application (2781 : Public Hearing: Case R-21-028 Gary and Jeanette Short) 9.1.a Packet Pg. 13 Attachment: Case R-21-028 Short Application (2781 : Public Hearing: Case R-21-028 Gary and Jeanette Short) 9.1.a Packet Pg. 14 Attachment: Case R-21-028 Short Application (2781 : Public Hearing: Case R-21-028 Gary and Jeanette Short) 9.1.a Packet Pg. 15 Attachment: Case R-21-028 Short Application (2781 : Public Hearing: Case R-21-028 Gary and Jeanette Short) 9.1.a Packet Pg. 16 Attachment: Case R-21-028 Short Application (2781 : Public Hearing: Case R-21-028 Gary and Jeanette Short) 9.1.a Packet Pg. 17 Attachment: Case R-21-028 Short Application (2781 : Public Hearing: Case R-21-028 Gary and Jeanette Short) 9.1.b Packet Pg. 18 Attachment: R-21-028 Short Map (2781 : Public Hearing: Case R-21-028 Gary and Jeanette Short) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-030 Trustees of Macedonia Baptist Church District: Callands-Gretna Election District Zoning Request: R-1 to A-1 Agenda Date: November 04, 2021 Meeting History: 10/05/21 Planning Commission MEETING CANCELLED Next: 11/04/21 SUBJECT Requested by Trustees of Macedonia Baptist Church, to rezone property located off State Road 750/Green Pond Road, in the Callands-Gretna Election District and shown on the Tax Map as a portion of GPIN# 1487-41-0383. The applicants are requesting to rezone 2.696 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a cemetery on joint church property. BACKGROUND/DISCUSSION Trustees of Macedonia Baptist Church are requesting to rezone a total of 2.696 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a cemetery on joint church property. The Macedonia Baptist Church is located at 2412 Green Pond Road, which is adjacent to the subject property. The property is currently zoned R-1, Residential Suburban Subdivision District. Cemeteries are not allowed by right or by Special Use Permit within this Zoning District. The applicant is requesting that the property be rezoned to A-1, Agricultural District. Pittsylvania County Code § 35-178 allows cemeteries on joint church property by right on properties zoned A-1. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. RECOMMENDATION 9.2 Packet Pg. 19 Staff recommends APPROVAL of Case R-21-030, submitted by Trustees of Macedonia Baptist Church, requesting to rezone a total of 2.696 acres located off State Road 750/Green Pond Road, in the Callands-Gretna Election District and shown on the Tax Map as GPIN# 1487-41-0383, to allow for a cemetery on joint church property. The subject property is adjacent to properties currently zoned A-1, Agricultural District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-21-030 as submitted. 2. Recommend denial of Case R-21-030 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 9.2 Packet Pg. 20 9.2.a Packet Pg. 21 Attachment: Case R-21-030 Macedonia Application (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church) 9.2.a Packet Pg. 22 Attachment: Case R-21-030 Macedonia Application (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church) 9.2.a Packet Pg. 23 Attachment: Case R-21-030 Macedonia Application (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church) 9.2.a Packet Pg. 24 Attachment: Case R-21-030 Macedonia Application (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church) 9.2.a Packet Pg. 25 Attachment: Case R-21-030 Macedonia Application (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church) 9.2.a Packet Pg. 26 Attachment: Case R-21-030 Macedonia Application (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church) 9.2.a Packet Pg. 27 Attachment: Case R-21-030 Macedonia Application (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church) Legend Assessed Parcels Parcels Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title:Date: 9/30/2021 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 9.2.b Packet Pg. 28 Attachment: Case R-21-030 Macedonia Map (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia 9.2.c Packet Pg. 29 Attachment: Case R-21-030 Plat (2782 : Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-031; George Shelton District: Banister Election District Zoning Request: R-1 to A-1 Agenda Date: November 04, 2021 Meeting History: SUBJECT Requested by George Shelton, to rezone property located at 2765 Mill Creek Road, in the Banister Election District and shown on the Tax Map as GPIN# 2437-12-7543. The applicant is requesting to rezone 1.0 acre from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to combine with adjacent property zoned A-1. BACKGROUND/DISCUSSION George Shelton is requesting to rezone a total of 1.0 acre from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District so that property lines may be adjusted. If rezoned, the property will be consolidated with an adjacent parcel currently zoned A-1, Agricultural District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. RECOMMENDATION Staff recommends APPROVAL of Case R-21-031, submitted by George Shelton, requesting to rezone a total of 1.0 acre located on Mill Creek Road, in the Banister Election District and shown on the Tax Map as GPIN# 2437-12-7543, to combine with adjacent property zoned A-1. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 9.3 Packet Pg. 30 1. Recommend approval of Case R-21-031 as submitted. 2. Recommend denial of Case R-21-031 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 9.3 Packet Pg. 31 9.3.a Packet Pg. 32 Attachment: Case R-21-031 Shelton App (2835 : Public Hearing: Case R-21-031; George Shelton) 9.3.a Packet Pg. 33 Attachment: Case R-21-031 Shelton App (2835 : Public Hearing: Case R-21-031; George Shelton) 9.3.a Packet Pg. 34 Attachment: Case R-21-031 Shelton App (2835 : Public Hearing: Case R-21-031; George Shelton) 9.3.a Packet Pg. 35 Attachment: Case R-21-031 Shelton App (2835 : Public Hearing: Case R-21-031; George Shelton) 9.3.a Packet Pg. 36 Attachment: Case R-21-031 Shelton App (2835 : Public Hearing: Case R-21-031; George Shelton) 9.3.a Packet Pg. 37 Attachment: Case R-21-031 Shelton App (2835 : Public Hearing: Case R-21-031; George Shelton) 9.3.a Packet Pg. 38 Attachment: Case R-21-031 Shelton App (2835 : Public Hearing: Case R-21-031; George Shelton) 9.3.b Packet Pg. 39 Attachment: Case R-21-031 Shelton Map (2835 : Public Hearing: Case R-21-031; George Shelton) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-032; Richard & Rhonda Hash District: Tunstall District Election District Zoning Request: R-1 & RC-1 to A-1 Agenda Date: November 04, 2021 Meeting History: SUBJECT Requested by Richard and Rhonda Hash, to rezone two (2) properties located on State Road 854/Locust Drive, in the Tunstall Election District and shown on the Tax Maps as GPIN #s 1349-00-3104 and 1349-00-7449. The applicant is requesting to rezone 14.12 acres, from R-1, Residential Suburban Subdivision District, and 5.17 acres from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to combine with an adjacent parcel of land zoned A-1. BACKGROUND/DISCUSSION Richard & Rhonda Hash are requesting to rezone a total of 19.29 acres from R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, so that property lines may be adjusted. If rezoned, the property will be consolidated with an adjacent parcel currently zoned A-1, Agricultural District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. A plat titled Richard A. Hash & Rhonda K. Hash has been submitted with the application to identify the area where zoning changes are necessary and to present the proposed property line adjustments. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. 9.4 Packet Pg. 40 RECOMMENDATION Staff recommends APPROVAL of Case R-21-032, submitted by Richard & Rhonda Hash, requesting to rezone a total of 19.29 acres located off State Road 854/Locust Drive, in the Tunstall Election District and shown on the Tax Map as GPIN#s 1349-00-3104 & 1349-00-7449, to combine with an adjacent parcel zoned A-1. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-21-032 as submitted. 2. Recommend denial of Case R-21-032 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 9.4 Packet Pg. 41 9.4.a Packet Pg. 42 Attachment: Case R-21-032 Hash App (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) 9.4.a Packet Pg. 43 Attachment: Case R-21-032 Hash App (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) 9.4.a Packet Pg. 44 Attachment: Case R-21-032 Hash App (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) 9.4.a Packet Pg. 45 Attachment: Case R-21-032 Hash App (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) 9.4.a Packet Pg. 46 Attachment: Case R-21-032 Hash App (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) 9.4.a Packet Pg. 47 Attachment: Case R-21-032 Hash App (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) 9.4.a Packet Pg. 48 Attachment: Case R-21-032 Hash App (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) 9.4.b Packet Pg. 49 Attachment: Case R-21-032 Hash Map (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) 9.4.c Packet Pg. 50 Attachment: Case R-21-032 Hash Plat (2834 : Public Hearing: Case R-21-032; Richard & Rhonda Hash) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 21-012 Axton Solar, LLC District: Tunstall District Election District Zoning Request: SUP Agenda Date: November 04, 2021 Meeting History: 10/05/21 Planning Commission MEETING CANCELLED Next: 11/04/21 SUBJECT Requested by Axton Solar, LLC, for a Special Use Permit for a utility scale solar energy facility. The property is 225.58 acres, (6 parcels of land) 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 and shown on the Pittsylvania County Tax Map as GPIN#’s 1452-12-4768, 1452-00-7670, 1441-77-6885, 1430-77-3730, 1430-76-4322, and 1442-51-0809. BACKGROUND/DISCUSSION Axton Solar, LLC, is requesting a Special Use Permit to operate a utility scale solar energy facility on 225.58 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. On December 8, 2020, the Board of Zoning Appeals granted a Special Use Permit requested by Axton Solar, LLC to operate a Utility Scale Solar Energy Facility on sixteen (16) parcels of land, totaling 1,359.74 acres of land. Axton Solar, LLC is requesting to add an additional 691.63 acres to the previously approved project. Pittsylvania County Code § 35-141 requires new Utility Scale Energy Facilities to be at least five (5) miles from another approved project. While the existing Axton Solar Project would not meet this requirement, the new parcels are not within five miles of any other project. In addition to the previously approved parcels, the proposed project will cross into Henry County, creating a total project area of 3,509.76 acres between the two counties. The total project be a 200-megawatt (MW) alternating current (AC) utility scale solar energy facility, connecting to the Appalachian Power grid through an interconnection to the existing 138 kV overhead transmission line. The Pittsylvania County Zoning Ordinance requires a site plan and landscape plan to be submitted and approved prior to permits being issued to ensure compliance with setback and vegetative screening requirements. The applicant will also be required to submit an Erosion and Sediment Control Plan and Stormwater Plan to the Community Development Department and the Virginia Department of Environmental Quality to ensure that all stormwater and erosion and sediment control regulations are being met. Once the plans are approved, the appropriate bonds 9.5 Packet Pg. 51 will be required before land disturbance permits will be issued. A decommissioning plan is required to be submitted and a bond secured to ensure compliance with the plan at the end of the project’s life as well. All required plans must be approved before any construction permits will be issued. RELATIONSHIP TO THE SURROUNDING LAND USE AND NEIGHBORING AREAS Mostly surrounded by agricultural and residential uses. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. SITE DEVELOPMENT PLAN The Site Development Plan is included in the packet. The applicant will be required to submit a site plan, construction plans, an Erosion and Sediment Control Plan, a Stormwater Plan, and once approved, submit the appropriate bonds and a decommissioning bond. RECOMMENDATION Staff recommends APPROVAL of the request with the following conditions: 1. Site Development Plan; Location. All solar panels and other above-ground equipment will be located within the “Project Area” shown on the Conceptual Site Plan included with the SUP application. All Site Plan requirements of Section 35-141 must be met before permits are issued. 2. Height. Except for the collection yard and substation or otherwise as required by applicable building code, the maximum height of the solar panels and other above-ground equipment will be 15 feet. 3. Setbacks. Except for fencing and any pole mounted electronic lines, consistent with the County ordinance, all above-ground equipment shall meet the setback requirements set forth in Section 35-141 (D). No setbacks are required between the parcels lines of parcels that are part of a single Project. No setbacks are required between the parcels lines of parcels that are part of a single Project. 4. Fencing. Fencing for the Project will be standard chain-link and at least 6 feet high. The Applicant shall maintain the fence for the life of the Project. 5. Landscaping. Applicant will comply with Section 35-121 Fencing – Screening. At the perimeter locations, the setback will include a minimum 15-foot-wide landscaped area comprised of any existing vegetation supplemented as needed with a staggered row of planted trees or large shrubs. The vegetation shall be evergreen and designed to be at least 15 feet in height at maturity of any new plantings and shall be a minimum of 6 feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new plantings as needed to maintain required screening. Prior to construction and site plan approval, a landscaping maintenance plan will be submitted to the Zoning Administrator for approval, which shall provide for the posting of a bond or other surety in an amount sufficient to ensure that the plantings are successfully established, and the landscaping is maintained or replaced during the life of the Project. 9.5 Packet Pg. 52 6. Construction Management and Mitigation. Prior to construction, the Applicant shall prepare and submit to the Zoning Administrator a construction management plan to address traffic control methods, site access, fencing, lighting, mitigation of construction operations, and hours of construction activity. 7. Road Repairs. All public and private roads must remain open during construction. Any damage to roads caused by construction will be promptly repaired to preconstruction conditions and/or VDOT standards where deemed necessary. 8. Erosion and Sediment Control. Prior to construction, an approved erosion and sediment control plan will be implemented for the entire Project, and an erosion and sediment control bond will be provided. 9. Stormwater Management. Prior to construction, a Virginia Stormwater Management Program Permit from the Virginia DEQ will be obtained for the Project, including an approved Stormwater Pollution Prevention Plan. 10. Operational Noise and Electrical Interference. The Project will comply with all applicable County requirements for noise and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 11. Operational Light. Fixed lighting at the perimeter of the Project will be limited to gates and will be shielded/downward facing to minimize light spillage and shall be motion- activated. 12. Compliance. The project shall be designed, constructed, and tested to meet all applicable local, state, and federal standards. 13. Decommissioning. In accordance with Section 35-141(E), the applicant shall completely decommission the facility within 12 months, if the facility ceases to generate electricity for a continuous period of 12 months, including all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities and structures. Prior to construction and approval of the entire site plan, a decommissioning plan will be submitted to the Zoning Administrator, which shall provide for the posting of a bond or other surety acceptable to the County in the amount of the decommissioning costs, not including salvage value, for the Project. 14. Start of construction. The SUP will expire unless construction of the entire Project is commenced within 3 years of the date of issuance of the SUP. 15. Survival. So long as the Project is operated in conformance with these conditions, the SUP shall continue for the life of the Project. 16. Comply with all DEQ regulations regarding nonpoint source pollutants. Chemical sprays used in weed control shall comply with DEQ regulations. 17. Fire and Rescue Training. The applicant shall provide annual training to the local fire department regarding battery storage. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-012 as submitted. 2. Recommend approval of Case S-21-012 subject to conditions by staff. 3. Recommend approval of Case S-21-012 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-21-012 as submitted. 9.5 Packet Pg. 53 ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Special Power of Attorney I. Conceptual Plan 9.5 Packet Pg. 54 9.5.a Packet Pg. 55 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 56 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 57 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 58 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 59 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 60 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 61 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 62 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 63 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 64 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 65 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 66 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 67 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 68 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 69 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 70 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 71 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 72 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 73 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 74 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 75 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 76 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 77 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 78 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 79 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 80 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 81 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 82 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 83 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 84 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 85 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 86 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 87 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 88 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 89 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 90 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 91 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 92 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 93 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 94 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 95 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 96 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 97 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 98 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 99 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 100 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 101 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 102 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 103 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 104 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 105 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 106 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 107 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 108 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 109 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 110 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 111 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 112 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 113 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 114 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 115 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 116 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 117 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 118 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 119 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 120 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 121 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 122 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 123 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 124 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.a Packet Pg. 125 Attachment: Case S-21-012 Axton Solar App (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.b Packet Pg. 126 Attachment: Case S-21-012 Axton Plat (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) 9.5.b Packet Pg. 127 Attachment: Case S-21-012 Axton Plat (2784 : Public Hearing: Case S-21-012 Axton Solar, LLC) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 21-015; Harry Parks District: Banister Election District Zoning Request: SUP Agenda Date: November 04, 2021 Meeting History: SUBJECT Requested by Harry Parks, for a Special Use Permit for a Single-Wide Mobile Home. The property is 1.27 acres, located at 513 Hickory Road in the Banister Election District and shown on the Tap Map as GPIN # 2416-10-5000. BACKGROUND/DISCUSSION Harry Parks is requesting a Special Use Permit to allow for the placement of a single-wide mobile home on the property to be used as his personal residence. PCC § 35-223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently vacant. 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-21-015 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-015 as submitted. 2. Recommend approval of Case S-21-015 subject to conditions by the Planning Commission. 3. Recommend denial of Case S-21-015 as submitted. 9.6 Packet Pg. 128 ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.6 Packet Pg. 129 9.6.a Packet Pg. 130 Attachment: Case S-21-015 Harry Parks App (2833 : Public Hearing: Case S-21-015; Harry Parks) 9.6.a Packet Pg. 131 Attachment: Case S-21-015 Harry Parks App (2833 : Public Hearing: Case S-21-015; Harry Parks) 9.6.a Packet Pg. 132 Attachment: Case S-21-015 Harry Parks App (2833 : Public Hearing: Case S-21-015; Harry Parks) 9.6.a Packet Pg. 133 Attachment: Case S-21-015 Harry Parks App (2833 : Public Hearing: Case S-21-015; Harry Parks) 9.6.a Packet Pg. 134 Attachment: Case S-21-015 Harry Parks App (2833 : Public Hearing: Case S-21-015; Harry Parks) 9.6.a Packet Pg. 135 Attachment: Case S-21-015 Harry Parks App (2833 : Public Hearing: Case S-21-015; Harry Parks) 9.6.a Packet Pg. 136 Attachment: Case S-21-015 Harry Parks App (2833 : Public Hearing: Case S-21-015; Harry Parks) 9.6.a Packet Pg. 137 Attachment: Case S-21-015 Harry Parks App (2833 : Public Hearing: Case S-21-015; Harry Parks) 9.6.b Packet Pg. 138 Attachment: Case S-21-015 Harry Parks Map (2833 : Public Hearing: Case S-21-015; Harry Parks) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 21-016; Olde Dominion Agricultural Foundation District: Banister Election District Zoning Request: SUP Agenda Date: November 04, 2021 Meeting History: SUBJECT Requested by Olde Dominion Agricultural Foundation, for a Special Use Permit for a campground. The property is 49.15 acres, located at 19783 US Hwy 29 in the Banister Election District and shown on the Tap Maps as GPIN # 2417-83-6705. BACKGROUND/DISCUSSION The applicant is requesting a Special Use Permit to operate a campground on the subject property. The subject property is zoned A-1, Agricultural District. According to Pittsylvania County Code C 35-179, campgrounds are allowed by Special Use Permit. Olde Dominion Agricultural Center hosts a variety of events that draw crowds from all over the East Coast. Due to the lack of available hotel rooms in the immediate area and the nature of many of their events, ODAC would like to offer camping to their attendees. A site plan showing the location of the proposed campground, which will include 36 spaces, and all associated amenities is included in the packet. The site plan, as presented, meets the campground requirements of PCC § 35-138. If approved, the campground would require a permit from the Virginia Department of Health before it could become operational. DIRECTIONS The address is 19783 US Hwy 29. SURROUNDING LAND USE AND ZONING DISTRICTS Mostly surrounded by A-1, Agricultural District, and M-1, Light Industry, M-2, Heavy Industry, and R-1 Residential Suburban Subdivision District, zoned properties. SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of the Special Use Permit with the following conditions: 9.7 Packet Pg. 139 1. Must remain in compliance with all applicable Virginia Department of Health regulations. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-016 as submitted. 2. Recommend approval of Case S-21-016 subject to conditions by staff. 3. Recommend approval of Case S-21-016 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-21-016 as submitted. ATTACHMENTS: A. Application B. Letter of Intent C. Executive Summary D. Petition E. Sign Affidavit F. Adjacent Parcel Owners 9.7 Packet Pg. 140 9.7.a Packet Pg. 141 Attachment: Case S-21-016 ODAC App (2832 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation) 9.7.a Packet Pg. 142 Attachment: Case S-21-016 ODAC App (2832 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation) 9.7.a Packet Pg. 143 Attachment: Case S-21-016 ODAC App (2832 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation) 9.7.a Packet Pg. 144 Attachment: Case S-21-016 ODAC App (2832 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation) 9.7.a Packet Pg. 145 Attachment: Case S-21-016 ODAC App (2832 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation) 9.7.bPacket Pg. 146Attachment: CaseS-21-016 ODAC Concept Plan (2832 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation) 9.7.c Packet Pg. 147 Attachment: Case S-21-016 ODAC Map (2832 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation) Planning Commission STAFF SUMMARY Case: Public Hearing: Case CA-21-003 George Nedriga District: Zoning Request: Code Amendment Agenda Date: November 04, 2021 Meeting History: 10/05/21 Planning Commission MEETING CANCELLED Next: 11/04/21 SUBJECT Requested by George Nedriga, to amend Pittsylvania County Code (“PCC”), Chapter 35, Division 2, Lot Regulations; PCC Sec. 35-61, Lots, Determination of Lot Front, and PCC Sec. 35-74. Accessory and Temporary Buildings. BACKGROUND/DISCUSSION Currently, Pittsylvania County Code § 35-61 defines a “front yard” on property that boarders Smith Mountain Lake and Leesville Lake as the area located between the principal building, or dwelling, and the road. All accessory structures are required to be placed in the rear yard in residential districts. Based on PCC § 35-61, all accessory structures are required to be placed between the dwelling and the lake. Mr. Nedriga is requesting a code amendment to allow for the placement of accessory structures to be located between the dwelling and the road on properties that boarder Smith Mountain Lake. Staff recommends that the if the proposed amendment is approved, the same regulations are applied to Leesville Lake. The proposed Code amendments, including the inclusion of Leesville Lake, are attached. RECOMMENDATION Staff recommends APPROVAL of Case CA-21-003, requested by George Nedriga, as submitted. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case CA-21-003 as submitted. 2. Recommend denial of Case CA-21-003 as submitted. ATTACHMENTS: A. Proposed Amendment 9.8 Packet Pg. 148 DIVISION 2. LOT REGULATIONS SEC. 35-60. MINIMUM LOT WIDTH MEASUREMENTS Minimum lot width shall be measured at the building setback line, and shall be at least the same width as frontage required for the district in which such lot is located. SEC. 35-61. LOTS, DETERMINATION OF LOT FRONT On interior lots, the front shall be construed to be the portion nearest the street. On corner lots, the front shall be construed to be the shortest boundary fronting on a street. If the lot has equal, frontage on two (2) or more streets, the front shall be construed in accordance with the prevailing building pattern or the prevailing lotting pattern if a building pattern has not been established. On double frontage lots, the front shall be construed in accordance with the prevailing building pattern or the prevailing lotting pattern if a building pattern has not be established, If neither a building nor lotting pattern exists, the front shall be construed to be the shortest boundary boating on a street. On Smith Mountain Lake and Leesville Lake, the front yards for lots and lots in subdivisions that border on the edge of Smith Mountain Lake shall be assumed to be located between the principal building on the lot and the road fronting the lot lake; bent front yards shall not be considered to lie between the principal building and the lake road. SEC. 35-62. LOTS, SETBACKS ADJACENT TO STREET From setbacks of the depth required in the district shall be provided across the full width of the lot adjacent to the street. Depth of a required front setback shall be measured from the centerline of the street in such a fashion that the building line of such setback shall be equidistant from the street right-of- way at all points. Areas in parking hays shall not be considered as part of the street or access easement for purposes of determining front setback depth. SEC. 35-63. REAR YARDS ON INTERIOR LOTS Rear yards on interior lots shall be provided to the depth required by rear setbacks from rear property lines (or water's edge for lots whose boundaries extend into water) for the zoning district in which the property lies, and shall run across the full width of the lot at the rear. Depth of a required rear yard shall be measured in such a manner that the yard is a strip of minimum depth required by district regulations with its inner edge parallel to its outer edge. SEC. 35-64. SIDE SETBACKS ON LOTS 9.8.a Packet Pg. 149 Attachment: Accessory Buildings - Proposed Changes (2783 : Public Hearing: Case CA-21-003 George Nedriga) Side setbacks on lots are defined as running from the required front setback (building setback) line to the required rear setback line. On corner lots, the required side setback (near the street) shall be considered as parallel to the street upon which the lot has its greatest dimension. SEC. 35-65. LOT ACCESS REQUIREMENTS No structure requiring a building permit shall be erected upon any lot which does not have frontage on a public or private road as specified in the regulations, except as specifically provided in subdivision regulations and except for lots lacking such frontage on the date of the adoption of thin Ordinance. SEC. 35-66. LOT COVERAGE BY BUILDINGS Except as otherwise specifically provided in computations to determine lot coverage by buildings, building coverage shall be construed as including all areas under roofs or projections from buildings on the lot. SEC. 35-67--35-68. RESERVED SEC. 35-69. HOUSES DISPLAYED FOR ADVERTISING PURPOSES Construction of a house displayed for advertising purposes, not intended to be sold or occupied as a dwelling, whether in connection with a residential development or otherwise shall not commence until a performance bond has been posted to the County of Pittsylvania adequate to insure the removal of the structure. SEC. 35-70. GENERAL REQUIREMENTS CONCERNING ARRANGEMENT AND LOCATION OF STRUCTURES: WIDENING OF HIGHWAYS AND STREETS All buildings and other structures shall be so located and arranged on lots as to provide safe and convenient access for fire protection, servicing and off-street parking located on the premises. Whenever there shall be plans in existence, approved by either the Virginia Department of Transportation or by the Board of Supervisors for the widening of any street or highway, the Commission may require additional setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way; such setback shall be measured from the future centerline of the planned right-of-way line. SEC. 35-71. HEIGHT OF BUILDING AND OTHER STRUCTURES It is the intent of the height regulations of this Ordinance to secure safety, to provide light and air, and to protect the character of districts and the interests of the general public. 9.8.a Packet Pg. 150 Attachment: Accessory Buildings - Proposed Changes (2783 : Public Hearing: Case CA-21-003 George Nedriga) No building shall hereafter be erected, constructed or altered so as to exceed the height limitations specified in the district regulations set in this Ordinance. SEC. 35-72. USES AND STRUCTURES PERMITTED IN REQUIRED YARDS The following uses and structures, as set out in Section 35-73 and Section 35-74 shall be permitted in required yards, subject to the limitations established. SEC. 35-73. PORCHES, BALCONIES, CHIMNEYS, SIMILAR FEATURES Covered porches, balconies, chimneys, eaves, and like features may project not more than four (4) feet into any required yard; provided that no such feature shall be located closer than fifteen (15) feet to any lot line. SEC. 35-74. ACCESSORY AND TEMPORARY BUILDINGS 1. Intent. Special requirements are designed for accessory and temporary buildings to ensure ample access for emergency vehicles, maintain the effectiveness of rear and side yard requirements and ensure accessory structures remain secondary in function to the main building. 2. Accessory Buildings. The location of accessory building and uses in residential districts must meet the following restrictions: a. Where an accessory building is attached to the main building, a substantial part of one (1) wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof; and therefore, such attached accessory building shall comply in all respects with the requirements applicable to the main building. b. A detached accessory building shall not be closer than fifteen (15) feet to the main building or rear lot line. Accessory building shall not be closer to a lot line than the setback tine for side yards for the district in which the lot is located. Additionally, no building housing livestock shall be placed within two hundred (200) feet of a lot line located within or abutting any institutional, residential, or business district. c. A detached accessory building, not more than two (2) stories in height, may be constructed on not more than thirty (30) percent of the rear yard and not to exceed maximum lot coverage (by percent) per the district involved. d. No detached accessory building may be located in the front yard ofr a lot. 9.8.a Packet Pg. 151 Attachment: Accessory Buildings - Proposed Changes (2783 : Public Hearing: Case CA-21-003 George Nedriga) 3. Temporary Buildings. Temporary buildings may be permitted in any district when used in conjunction with the construction work only but shall be removed immediately upon completion of construction. 9.8.a Packet Pg. 152 Attachment: Accessory Buildings - Proposed Changes (2783 : Public Hearing: Case CA-21-003 George Nedriga) Planning Commission STAFF SUMMARY Case: Public Hearing: Case CA-21-004; Solar Ordinance District: Zoning Request: Code Amendment Agenda Date: November 04, 2021 Meeting History: SUBJECT Requested by County Staff, proposed revisions to Pittsylvania County Code (“PCC”), Chapter 35, Division 4, Supplementary Regulations; PCC Sec. 35-141(C), Utility Scale Solar Energy Facility; and PCC Sec. 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. BACKGROUND/DISCUSSION In 2021, the Virginia General Assembly passed legislation giving localities additional measures to further regulate the development of utility scale solar energy facilities. Staff is proposing amendments to PCC Sec. 35-141(C), Utility Scale Solar Energy Facility; and PCC Sec. 35- 141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. to increase regulations for Utility Scale Solar Energy Facilities such as increased buffering requirements and additional controls to ensure all conditions and regulations are met prior to producing power. Staff is also proposing that language is included to ensure that Pittsylvania County can capitalize on the ability to enter into Siting Agreements as currently allowed by the Code of Virginia. RECOMMENDATION Staff recommends APPROVAL of Case CA-21-004, to amend Pittsylvania County Code (“PCC”), Chapter 35, Division 4, Supplementary Regulations; PCC Sec. 35-141(C), Utility Scale Solar Energy Facility; and PCC Sec. 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case CA-21-004 as submitted. 2. Recommend denial of Case CA-21-004 as submitted. ATTACHMENTS: A. Proposed Amendment 9.9 Packet Pg. 153 PROPOSED AMENDMENTS TO PCC § 35-141(C), UTILITY SCALE SOLAR ENERGY FACILITY, AND PCC § 35-141(D), PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES SEC. 35-141(C). UTILITY SCALE SOLAR ENERGY FACILITY 1. Utility-Scale Solar Energy Facilities shall be located at least five (5) not be located less than one miles from any other Utility Scale Solar Energy Facility. 1.2. No Utility Scale Solar Energy Facility project shall produce less than 25 MW Density of panel coverage over the entire site area shall be no more than seventy (70) percent. 2.3. No rezoning or Special Use Permit Application for a Utility Scale Ssolar Energy Facility shall be initiated until the Applicant has first initiated negotiations with the County for a Siting Agreement as authorized by the Code of Virginia. SEC. 35-141(D). PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES f) Buffering as required based on the visual impacts of the project or as required by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. Required buffers shall be placed or preserved between any required fencing and adjoining properties and/or adjacent rights- of-way. Buffering or vegetative screening shall include a minimum 15100-foot-wide landscaped area comprised of any existing vegetation supplemented as needed with a staggered row of planted trees and large shrubs. All rows of planted vegetation shall be evergreen plantings of varieties native or adaptable to the region, with one (1) row consisting of a variety expected to reach a minimum height of twenty-five (25) feet and the remaining rows of varieties designed to reach at least fifteen (15) feet in height at maturity. All evergreens shall be a minimum of six (6) feet in height at time of planting. The vegetation shall be evergreen and designed to be at least 15 feet in height at maturity of any new plantings and shall be a minimum of 6 feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new plantings as needed to maintain required screening. g) Additional information may be required, as determined by the Community Development Director, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the Community Development Director to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal. Landscape renderings or simulations shall be sealed by a registered landscape architect. 7. Power cannot be sold until a final inspection has been conducted to determine if all requirements of this Ordinance, the Special Use Permit, and any Siting Agreement have been met, or a schedule of completion, with appropriate surety as requested, has been approved by the Community Development Director. 9.9.a Packet Pg. 154 Attachment: Solar County Text Amendment Draft (2837 : Public Hearing: Case CA-21-004; Solar Ordinance) 8. The facility operator shall provide the name and contact information of a person with authority over the facility who can provide access for any requested inspections. 9. The facility shall be opened upon three (3) days’ -notice for compliance inspections. 10. Prior to generation of power, a Fire Suppression Plan shall be approved by the Public Safety Director. 11. All inspections required under the Uniform Statewide Building Code shall be conducted by a third-party inspector in accordance with the Virginia Construction Code and the County’s Third-party Inspection Policy. All associated inspection costs shall be borne by the facility operator. Sec. 35-141(E) Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities The owner or operator of a large or utility scale solar energy facility shall completely decommission a facility within 12 months if the facility ceases to generate electricity for a continuous period of 12 months This period may be extended by the Board of Zoning Appeals if the owner or operator provides evidence that the failure to generate electricity is due to circumstances beyond their control and the facility has not been abandoned. Decommissioning shall include the removal of all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities and structures to a depth of at least 36 inches and stabilization of the site, returning the property to a condition that is conducive to its prior use. A decommissioning plan shall be submitted, which shall include the following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars, not including a salvage or recyclable material value used to offset the decommissioning cost, provided in an itemized format by a Virginia Licensed Professional Engineer (PE); (3) how said estimate was determined; and (4) the manner in which the project will be decommissioned. As allowed by Section 35-714 of the Pittsylvania County Zoning Ordinance, the Board of Zoning Appeals shall require a bond with surety or other approved security to ensure compliance with conditions imposed in a Special Use Permit. The plan shall acknowledge that if at any time the project is declared to be an unsafe structure by the Pittsylvania County Building Code Official, the terms of the “unsafe structure” code shall apply. Sec. 35-141(F) General Requirements for Large and Utility Scale Solar Energy Facilities 1. The height of roof mounted large and utility-scale solar energy facilities shall not exceed the maximum height of other structures as permitted in the zoning district, and the maximum height of ground mounted facilities shall be 15 feet, as measured from the grade or base of the facility to its highest point, 2. Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers or similar items, both temporary and permanent, are 9.9.a Packet Pg. 155 Attachment: Solar County Text Amendment Draft (2837 : Public Hearing: Case CA-21-004; Solar Ordinance) prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) warning signs and placards; (c) signs that may be required by a federal agency; and (d) signs that provide a 24-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and the benefits of renewable energy may be allowed as provided in Article II, Division 3 of the Pittsylvania County Zoning Ordinance. 3. All large and utility scale solar energy facilities shall utilize components which have a UL listing or equivalent and fully comply with all applicable building and electrical codes, and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 4. All large and utility scale solar energy facilities shall comply with all applicable state and federal permitting and regulatory requirements. 5. All large and utility scale solar energy facilities must comply with the Pittsylvania County Noise Ordinance, but the requirements shall be no more stringent than for other development in the underlying zoning district. 9.9.a Packet Pg. 156 Attachment: Solar County Text Amendment Draft (2837 : Public Hearing: Case CA-21-004; Solar Ordinance) Planning Commission STAFF SUMMARY Case: Public Hearing: Case V- 21-002 Jessica O'Neal District: Callands-Gretna Election District Zoning Request: Variance Agenda Date: November 04, 2021 Meeting History: BACKGROUND: Jessica O’Neal petitioned the Board of Zoning Appeals on May 27, 2021, requesting a Variance to Section 35-369. MINIMUM YARD DIMENSIONS. (A.) Front Setbacks, and (C.) Rear Setback, of the Pittsylvania County Zoning Ordinance, on 0.32 acres, shown on the records as GPIN # 2531-38-1629, located on US Highway 29, in the Callands-Gretna Election District. DISCUSSION: The subject property is currently zoned R-1, Residential Suburban Subdivision District and is occupied by two (2) single-family dwellings that the applicant is requesting to remodel. On March 12, 2021, the applicant entered into a lease agreement with the option to purchase. The applicant met with the Pittsylvania County Code Official to determine what upgrades would be needed for the structures to be habitable. Currently, there is no rear deck or stoop to allow egress from rear of the structures and the stoop allowing ingress to the front will be required to be replaced. A minimum of a 3’ x 3’ landing is required by the Uniform Statewide Building Code outside of all doors used for ingress and egress. The current structures are approximately ten (10) feet from the rear property line and twenty-eight (28) feet from the front property line. The Pittsylvania County Code § 35-369 requires a minimum of thirty-five (35) feet, including porches or any, accessory buildings from the edge of the right-of-way, and (C.) Rear Setback, thirty (30) feet, including porches or any accessory buildings, from the structure to the rear property line. In order to meet the USBC, a 3’ x 3’ rear porch will need to be constructed into the required rear setback, requiring a variance of twenty-three (23) feet. Additionally, the 4’ x 4’ stoop on the front of each structure will need to be replaced, requiring a variance of seven (7) feet from the required front yard setback. CRITERA ANALYSIS Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable 11.1 Packet Pg. 157 modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, 1. The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; The property was acquired in good faith. The hardship claimed by the applicant is due to the size and shape of the property. The property is long and narrow. The houses on the property were constructed prior to the adoption of the Zoning Ordinance in 1991. At some point, the rear porch was removed and the current stoops on the front must be replaced due to significant deterioration. In order to comply with the USBC, a deck or stoop is required on the rear and the one on the front must be replaced. The applicant is only requesting to construct what is required by the USBC. Therefore, this application does meet this criterion. 2. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; The property has historically been residential. Allowing the variance will enable the structures to be rehabilitated, reducing the negative impact that dilapidated structures could have on the surrounding properties. Therefore, this application does meet this criterion. 3. The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; Generally, properties that share this zoning classification can meet the required setbacks. This property cannot due to the narrowness of the lot. If this variance is not granted, the structure will not be able to be rehabilitated. Additionally, the lot does not meet the minimum size requirements for the R-1 zoning classification. If the structures were to be removed, the property would be considered a nonbuildable lot and they could not be replaced. Therefore, this application does meet this criterion. 4. The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; The granting of a variance does not change the zoning classification or allow for a use that is not otherwise permitted. Therefore, this application does meet this criterion. 5. The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of § 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision A 4 of § 15.2-2286 at the time of the filing of the variance application. The special exception process does not apply to this situation. An amendment to the Zoning Ordinance is not needed for this situation as the need for this variance is due to the narrowness of the subject property. Therefore, this application does meet this criterion. 11.1 Packet Pg. 158 This variance request meets five (5) of the five (5) criteria needed to grant a variance. ATTACHMENTS A. Application B. Map C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 11.1 Packet Pg. 159 11.1.a Packet Pg. 160 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 161 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 162 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 163 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 164 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 165 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 166 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 167 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 168 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 169 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 170 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 171 Attachment: Case V-21-002 ONeal App (2836 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.b Packet Pg. 172 Attachment: V-21-002 ONeal Map (2836 : Public Hearing: Case V-21-002 Jessica O'Neal)