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BZA Minutes 02 07 2022February 7, 2022 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting February 7, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on February 7, 2022, 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 6:33 PM Ronald E. Merricks Vice-Chairman Present 6:39 PM Ryland Brumfield Board Member Present 6:35 PM Joseph A. Craddock Board Member Present 6:43 PM Ann Deering Board Member Present 6:42 PM Hershel Stone Board Member Present 6:43 PM Carroll Yeaman Board Member Absent 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, Craddock, Deering, Stone ABSENT: Yeaman APPROVAL OF MINUTES 1. BZA Minutes 01/10/2022 Upon motion of Mr. Craddock, seconded by Mr. Stone, and by a unanimous vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Joseph A. Craddock, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman OLD BUSINESS There was no old business. Resolution to correct SUP S-21-012 Axton Solar, LLC The Ordinance requires 150 feet setback from property lines, 100 feet was mentioned at the December 13, 2021, meeting regarding Case S-21-012, Axton Solar, LLC. The Board of Zoning Appeals cannot reduce setbacks, so this resolution is to correct the conditions from the December 13, 2021, meeting. Setbacks are a minimum of 200 feet from residentially zoned properties. Upon motion of Mr. Merricks, seconded by Mr. Stone, the resolution was adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman 1. Resolution to correct Axton Solar S-21-012 NEW BUSINESS Mrs. Ragsdale, Director of Community Development stated there will be no meeting held March 7, 2022 the next meeting will be held Monday April 11, 2022 at 6 PM. CHAIRMAN'S REPORT There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case S-22-001; Cascade Holdings, LLC; Special Use Permit for Recreational Uses (Rental Cabins and Event Venue) and a Restaurant SUBJECT Requested by Cascade Holdings, LLC, for a Special Use Permit for a Recreational Use and a Restaurant. The property is 88.02 acres, located on Worley Court, in the Tunstall Election District and shown on the Tap Maps as GPIN # 1336-85-1205. BACKGROUND/DISCUSSION Cascade Holdings, LLC is requesting a Special Use Permit to allow for Recreational Use (Event Venue) and a Restaurant. PCC § 35-178 requires a Special Use Permit for Recreational Uses and Restaurants under the A-1 zoning classification. The applicant is in the process of renovating a farmhouse located on the property that will be used for the restaurant if the Special Use Permit application is approved. Additionally, the applicant is requesting to add twenty (20) rental cabins and an event venue on the property. According to the applicant, future plans for the property include a winery in addition to the restaurant, rental cabins, and event venue. If a Special Use Permit for recreational uses (rental cabins and event venue) and a restaurant is granted, all applicable Zoning and Building Code regulations would govern the development of the property. A concept plan is included in the packet. 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, B-2, Business District, General, and R-1, Residential Suburban Subdivision District SITE DEVELOPMENT PLAN Concept Plan included in the packet. RECOMMENDATION Staff recommends APPROVAL of Case S-22-001 with the following conditions: 1. Any outdoor events with amplified sound or outdoor music must end by 10:00 p.m. Monday-Thursday and by midnight (12:00 a.m.) Friday-Sunday. 2. Must remain in compliance with the Pittsylvania County Noise Ordinance. 3. Must remain in compliance with all applicable Virginia Department of Health regulations. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-001 as submitted. 2. Recommend approval of Case S-22-001 subject to conditions by Staff. 3. Recommend approval of Case S-22-001 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-22-001 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 MOTIONS On January 4, 2022, the Planning Commission recommended by a 7 to 0 vote, with no opposition, that the petitioner’s request be granted with the conditions by Staff. The zoning precepts were read by Mr. Easley to open the public hearing at 7:07 pm. Mrs. Ragsdale, Director of Community Development, reported that Cascade Holdings, LLC, petitioned for a Special Use Permit for Recreational Use and a Restaurant on 88.02 acres, located on Cascade Road in the Tunstall Election District. Mrs. Ragsdale represented the petition, as there was not a representative from Cascade Holdings, LLC, present. Mr. Easley asked if the Board would still like to hear the case, the board agreed to move forward with the hearing. Mr. Merricks asked if the venue was an indoor/outdoor venue, Mrs. Ragsdale stated that it was both, indoor/outdoor and will have a small chapel for weddings, a restaurant, a vineyard and 20 rental cabins. Cascade Holdings, LLC, has stated that they will meet all three conditions that are associated with the Special Use Permit. Mr. Brumfield asked about the sewage system for the 20 rental cabins, Mrs. Ragsdale stated that the Virginia Department of Health would be regulating that and Cascade Holdings, LLC, was currently working with them to make keep the venue in compliance. Mrs. Ragsdale stated there were pictures in the packet of current structures on the property that will be renovated for the uses associated with the Special Use Permit. Mr. Easley asked if the vineyard would offer tastings and if another Special Use Permit would be required, Mrs. Ragsdale stated that vineyards are allowed on properties zoned A-1 Agricultural District. The public hearing closed at 7:12 pm. The Board discussed the petition as the Committee of the Whole. Whereas, Cascade Holdings, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for Recreational Use and a Restaurant. Staff recommended approval with the following three conditions: 1. Any outdoor events with amplified sound or outdoor music must end by 10:00 p.m. Monday-Thursday and by midnight (12:00 a.m.) Friday-Sunday. 2. Must remain in compliance with the Pittsylvania County Noise Ordinance. 3. Must remain in compliance with all applicable Virginia Department of Health regulations. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman 2. Public Hearing: Case S-22-002; Michael and Wanda Roberts; Special Use Permit for a Singlewide Mobile Home SUBJECT Requested by Michael and Wanda Roberts, for a Special Use Permit for a singlewide mobile home. The property is 9.68 acres, located on State Road 754/Gallows Road, in the Staunton River Election District and shown on the Tap Maps as GPIN # 2525-73-3571. BACKGROUND/DISCUSSION Michael and Wanda Roberts are 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-22-002 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-002 as submitted. 2. Recommend approval of Case S-22-002 subject to conditions by the Planning Commission. 3. Recommend denial of Case S-22-002 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 MOTIONS On January 4, 2022, the Planning Commission recommended by a 7 to 0 vote, with no opposition, that the petitioner’s request be granted. Mr. Easley opened the public hearing at 7:15 pm. Mrs. Ragsdale, Director of Community Development, reported that Michael & Wanda Roberts petitioned for a Special Use Permit for a single-wide mobile home on 9.68 acres, located on State Road 754/Gallows Road in the Staunton River Election District. Michael & Wanda Roberts were present to represent the petition. The public hearing closed at 7:18 pm. The Board discussed the petition as the Committee of the Whole. Whereas Michael and Wanda Roberts, has petitioned the Board of Zoning Appeals for a Special Use Permit for a single-wide mobile home. A motion was made by Mr. Craddock and seconded by Mr. Stone, to recommend the Board of Zoning Appeals grant the Special Use Permit. RESULT: APPROVED [UNANIMOUS] MOVER: Joseph A. Craddock, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman ADJOURNMENT The meeting was adjourned at 7:20 p.m.