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PC Minutes 09 01 2020 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING September 1, 2020 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, September 1, 2020, at the Community Center in 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 H. F. Haymore, Jr. Westover District Nathan Harker Staunton River District Colette Henderson Banister District Brian Horne Dan River District Timothy Dudley Board of Supervisors Representative Emily Ragsdale Director of Community Development Karen N. Hayes Deputy Director of Community Development J. Vaden Hunt County Attorney ABSENT Morris Stowe Tunstall District Janet Mease Callands-Gretna District MOMENT OF SILENCE The Board observed a moment of silence. PLEDGE OF ALLEGIANCE The Board recited the Pledge of Allegiance. HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE AGENDA Mr. Motley stated that Case V-20-001, The Dock at SML, LLC, is not a public hearing as shown on the agenda, but is listed under New Business. A motion was made by Mr. Haymore, seconded by Mr. Dudley, and by a 6 to 0 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent), the agenda was approved as written with corrections. Planning Commission September 1, 2020 Page 2 APPROVAL OF THE MINUTES A motion was made by Mr. Dudley, seconded by Mr. Stowe, and by a 6 to 0 vote (two (2) members, Mr. Horne and Mr. Harker, were absent), the June 2, 2020, minutes were approved as presented. CHAIRMAN’S REPORT Mr. Motley welcomed Mr. Horne back to the meeting following his recent illness and knee surgery. Mr. Motley then read a thank you note from Mr. Horne to the Board members. THE ZONING PRECEPTS WERE READ by Mr. Motley TO OPEN THE PUBLIC HEARING at approximately 7:07 p.m. Case R-20-016, Bryan Scott Mayhew – Mr. Motley opened the public hearing at 7:07 p.m. Mrs. Ragsdale, Director of Community Development, reported that Bryan Scott Mayhew had petitioned to rezone 1.25 acres, located on Ben Annie Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to combine with his adjacent parcel of land zoned A-1. She then stated once the property is rezoned to A-1, all uses listed under Section 35-178 are permitted. Bryan Mayhew was present to represent the petition. He stated he wanted to put both parcels back together. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:09 p.m. A motion was made by Mr. Horne, seconded by Mr. Haymore, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (two (2) members, Mr. Horne and Mr. Harker, were absent). Case R-20-017, Carol A. Holley Hobbs & Roger Edward Hobbs – Mr. Motley opened the public hearing at 7:10 p.m. Mrs. Ragsdale, Director of Community Development, reported that Carol and Roger Hobbs had petitioned to rezone a total of three (3) parcels of land totaling 37.29 acres, located on Meadowview Drive, in the Westover Election District from R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to resubdivide the properties into three (3) lots. She then stated once the properties are rezoned to A-1, all uses listed under Section 35-178 are permitted. Mrs. Hobbs and Laura Ashworth were present to represent the petition. Mrs. Hobbs stated she wanted to leave the family land to her children to build their homes on the properties. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:12 p.m. During the discussion, it was stated the property should be zoned A-1 because the wooded area was a tobacco farm. A motion was made by Mr. Haymore, seconded by Mr. Dudley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent). Case R-20-018, Tony A. Wilson & Debbie S. Wilson – Mr. Motley opened the public hearing at 7:13 p.m. Mrs. Ragsdale, Director of Community Development, reported that Tony and Debbie Wilson had petitioned to rezone 1.31 acres, located on Fall Creek Drive, in the Westover Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General, to allow the single-family dwelling located on the property to be used as an office for their construction business. She then stated once the property is rezoned to B-2, all uses listed under Section 35-365 are permitted. Mr. and Mrs. Wilson were present to represent the petition. They stated they had nothing to add. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:14 p.m. During the discussion, it was stated the structure has been Planning Commission September 1, 2020 Page 3 painted and remodeled and it is an enhancement to the area. A motion was made by Mr. Haymore, seconded by Mr. Dudley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent). Case R-20-019, Sammy T. Moore & Freda W. Moore – Mr. Motley opened the public hearing at 7:16 p.m. Mrs. Ragsdale, Director of Community Development, reported that Sammy and Freda Moore had petitioned to rezone 54.35 acres, located on Duncan Drive, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District, to allow for subdivision of the property for family members. She then stated once the property is rezoned to A-1, all uses listed under Section 35-178 are permitted. Mr. Sammy Moore was present to represent the petition. He stated he had nothing to add. He then stated he wanted subdivide the property for his three (3) daughters and his grandchildren. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:17 p.m. During the discussion, it was stated this is open land and is a nice area. A motion was made by Mr. Haymore, seconded by Mr. Horne, to recommend the Board of Supervisors grant the rezoning request. Motion passé by a 6 to 0 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent). Case R-20-020, George Vann Dillion And Others – Mr. Motley opened the public hearing at 7:19 p.m. Mrs. Ragsdale, Director of Community Development, reported that George Dillion and Others had petitioned to rezone 0.129 acre, located on Oakland Drive, in the Westover Election District from RC-1, Residential Combined Subdivision District to A-1, Agricultural District, to combine with the adjacent parcel of land zoned A-1. She then stated once the property is rezoned to A-1, all uses listed under Section 35-178 are permitted. Mr. Dillion was present to represent the petition. He stated this would allow lot lines to be adjusted and prevent the existing driveway going to the garage from being cut off. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:20 p.m. A motion was made by Mr. Haymore, seconded by Mr. Harker, to recommend the Board of Supervisors grant the rezoning request. Motion passé by a 6 to 0 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent). This concludes the Rezoning cases. Case S-20-011, Berry Hill Solar, LLC – Mr. Motley opened the public hearing at 7: 21 p.m. Mrs. Ragsdale, Director of Community Development, reported that Berry Hill Solar, LLC, had petitioned for a Special Use Permit on three (3) parcels of land, a total of 1,481.59 acres, located on Berry Hill Road, in the Westover Election District for a utility-scale solar energy facility. Tom Terrell and Louis Iannone, were present to represent the petition. Mr. Terrell and Mr. Iannone gave a brief overview of the solar Project and petition. Lynwood Hardy and Ken Moss spoke in opposition to the petition. Their concerns included, but were not limited to, the following: Solar panels are too close to the highway; access road is in front of Mr. Hardy’s residence; requested a 500-foot setback barrier from the property line to the solar panels be honored; requested the height of the solar panels be maintained; requested the existing vegetation be allowed to remain. Mr. Terrell offered a rebuttal and stated the access road would be gated. During the discussion, it was stated the solar facility would produce no noise, no odor, and no traffic, and it would create additional revenue. Mr. Motley closed the public hearing at 8:10 p.m. A motion was made by Mr. Haymore, seconded by Mr. Horne, to recommend to the Board of Zoning Appeals that the Special Use Permit request be granted subject to the 17 conditions as presented by staff in the Board packet with the following amended conditions: (1) Maintain a 300 foot setback around the entire property; (2) Relocate the proposed access road from across the highway from Mr. Hardy’s residence at 3028 Berry Hill Road, Danville, VA. Motion failed by a 2 to 4 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent). Those voting in favor of the motion Planning Commission September 1, 2020 Page 4 were as follows: Mr. Motley and Mr. Haymore. Those voting in opposition to the motion were as follows: Mr. Harker, Mrs. Henderson, Mr. Horne, and Mr. Dudley. A second motion was made by Mr. Harker, seconded by Mr. Dudley, to recommend to the Board of Zoning Appeals that the Special Use Permit be granted subject to the 17 conditions as presented by staff in the Board packet with amended conditions as follows: (1) Maintain a reduced buffer of 200 feet along Buford Road down to the Dan River. All other setbacks are to be determined by the Zoning Ordinance. (2) Relocate the propose access road from across the highway from Mr. Hardy’s residence at 3028 Berry Hill Road, Danville, VA 24541. Motion passed by a 5 to 1 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent). Case S-20-012, Shockoe Solar, LLC – Mr. Motley opened the public hearing at 8:23 p.m. Mrs. Ragsdale, Director of Community Development, reported that Shockoe Solar, LLC, had petitioned for a Special Use Permit on fifteen (15) parcels of land, a total of 907.88 acres, located on Halifax Road and on Java Road, in the Banister Election District for a utility scale solar energy facility. Mr. Charlie Falter, Project Manager, and Stephanie Lauer with Shockoe Solar, LLC, were present to represent the petition. They provided a brief overview of the proposed solar project and answered questions from the Board members. Maurice Dodson and Pamela Fitzgerald Cooper spoke in opposition to the petition. Their concerns included, but were not limited to, the following: glare from the solar panels; protection from lightning, impact on families, wildlife panels located at the rear of properties, etc. Mr. Falter offered a rebuttal and addressed the concerns of Mr. Dodson and Ms. Cooper. Mr. Motley closed the public hearing at 8:48 p.m. A motion was made by Mrs. Henderson, seconded by Mr. Dudley, to recommend to the Board of Zoning Appeals that the Special Use Permit request be granted with the 17 conditions as presented by staff in the Board packet. Motion passed by a 6 to 0 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent). This concludes the Special Use Permit cases. OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale presented a brief overview of Case V-20-001, The Dock at SML, LLC, to the Board members. She then stated the staff feels the variance request meets five (5) of the five (5) criteria needed to grant a variance. A motion was made by Mr. Haymore, seconded by Mr. Dudley, to recommend to the Board of Zoning Appeals the variance request meets the criteria for a variance. Motion passed by a 6 to 0 vote (two (2) members, Mrs. Mease and Mr. Stowe, were absent). The meeting was adjourned at approximately 9:00 p.m.