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PC Minutes 10 06 2020 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING October 6, 2020 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, October 6, 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 Morris Stowe Tunstall District Janet Mease Callands-Gretna District Brian Horne Dan River District Emily Ragsdale Director of Community Development J. Vaden Hunt County Attorney ABSENT Colette Henderson Banister District Timothy Dudley Board of Supervisors Representative Karen N. Hayes Deputy Director of Community Development 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 A motion was made by Mr. Haymore, seconded by Mr. Stowe, and by a 6 to 0 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent), the agenda was approved as presented . Planning Commission October 6, 2020 Page 2 APPROVAL OF THE MINUTES A motion was made by Mrs. Mease, seconded by Mr. Horne, and by a 6 to 0 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent), the September 1, 2020, minutes were approved as presented. CHAIRMAN’S REPORT Mr. Motley congratulated Mrs. Kathy Belton, Planning Commission Clerk, on her retirement from Pittsylvania County, and a beautiful bouquet of long-stemmed red roses was presented to her by Mrs. Mease on behalf of the Planning Commission in recognition of her years of service. NEW BUSINESS Conservation Easement - Self Farm, LLC Mrs. Ragsdale presented a brief overview of the 75.93 acre parcel of land fronting U.S. Highway 29 North and Strader Road. She then stated a portion of the property fronting Highway 29 is non-conforming, as the Mountain Valley Pipeline is industrial and crosses in the back of the parcel and cuts it off. Mrs. Ragsdale requested that a motion be made stating the industrial portion of land be removed from the easement. A motion was made by Mr. Haymore, seconded by Mr. Harker, that the property meets the criteria for a Conservation Easement with the exception of the portion to be removed. Motion passed by a 6 to 0 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent). Certification of “Substantially In Accord” Determination – Berry Hill Solar, LLC Mrs. Ragsdale requested that a motion be made regarding the Certification of “Substantially In Accord” Determination for Berry Hill Solar, LLC. A motion was made by Mr. Stowe, seconded by Mrs. Mease, and the motion passed by a 6 to 0 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent). Certification of “Substantially In Accord” Determination – Monroe Solar Partners, LLC Mrs. Ragsdale requested that a motion be made regarding the Certification of “Substantially In Accord” Determination for Monroe Solar Partners, LLC. A motion was made by Mr. Haymore, seconded by Mr. Stowe, and the motion passed by a 6 to 0 vote (two (2) members. Mrs. Henderson and Mr. Dudley, were absent). THE ZONING PRECEPTS WERE READ by Mr. Motley TO OPEN THE PUBLIC HEARING at 7:11 p.m. Case R-20-021, First Piedmont Corporation – Mr. Motley opened the public hearing at 7:11 p.m. Mrs. Ragsdale, Director of Community Development, reported that First Piedmont Corporation had petitioned to rezone 1.32 acres, located on Clarks Mill Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District, to M-2, Industrial District, Heavy Industry, to make the zoning consistent with their adjacent parcels of land zoned M-2. She then stated once the property is rezoned to M-2, all uses listed under Section 35-402 are permitted. Mr. Ben Davenport, Jr., Mr. Tommy Stump, Mr. Nick Setliff, and Mr. Thomas Wade were present to represent the petition. Mr. Stump stated the future plans for the Planning Commission October 6, 2020 Page 3 petitioned parcel are to construct an office building for First Piedmont Corporation on the premises. Ann Smith, Mike Basista, Angela Harris, Julie Owen, Jerry Martin, Scarlett Lowe, Garr Yarboro, Ray Yarboro, Robin Rosson, Donna Clay, and Jimmy Williams spoke in opposition to the petition. Their concerns included, but were not limited to, the following: the toxic smell, depreciation of property values, air and water quality, will hurt the environment, excessive trash, cannot sell their property, destroying the neighborhood, etc. Mr. Davenport offered a rebuttal and stated steps are being taken to deal with the odor issues, and a new machine is on the site. He then stated he wanted to make the zoning of the petitioned parcel uniform with his adjacent parcels of land. Mr. Motley closed the public hearing for a brief recess and reopened at 7:46 p.m. Julie Griffin spoke in opposition to the petition. Her concerns included, but were not limited to, the following: the smell, and further intentions for the property. Mr. Davenport offered a rebuttal and stated the land behind the petitioned parcel will be used as a cow pasture, not a landfill. Mr. Motley closed the public hearing at 7:50 p.m. A motion was made by Mr. Horne, seconded by Mr. Stowe, to recommend the Board of Supervisors deny the rezoning request. Motion failed by a 4 to 2 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent). Those voting in favor of the motion to deny were Mr. Horne and Mr. Stowe. Those voting in opposition to the motion to deny were Mr. Motley, Mr. Haymore, Mr. Harker, and Mrs. Mease. A second motion was made by Mr. Harker, seconded by Mrs. Mease, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 4 to 2 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent). Those members voting in favor of the motion to grant the request were Mr. Motley, Mr. Haymore, Mr. Harker, and Mrs. Mease. Those voting in opposition to the motion to grant the request were and Mr. Horne and Mr. Stowe. Case R-20-022, John Martin Gregory – Mr. Motley opened the public hearing at 7:55 p.m. Mrs. Ragsdale, Director of Community Development, reported that John Martin Gregory had petitioned to rezone a total of 240.12 acres, located on Halifax Road, in the Banister Election District from A-1, Agricultural District, and B-2, Business District, General, to M-2, Industrial District, Heavy Industry, for lumber, wood products manufacturing, lumber storage, and a permanent sawmill. She then stated once the properties are rezoned to M-2, all uses listed under Section 35-402 are permitted. Mrs. Gretchen Clark was present to represent the petition. She stated she had nothing to add. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:57 p.m. A motion was made by Mrs. Mease, 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, Mrs. Henderson and Mr. Dudley, were absent). This concludes the Rezoning cases. S-20-013, First Piedmont Corporation – Mr. Motley opened the public hearing at 7:58 p.m. Mrs. Ragsdale, Director of Community Development, reported that First Piedmont Corporation had petitioned for a Special Special Use Permit on a total of 224.08 acres, located on Clarks Mill Road and on Cedar Road, in the Dan River Election District for a landfill. Mr. Ben Davenport, Jr., Mr. Tommy Stump, Mr. Nick Setliff, and Mr. Thomas Wade were present to represent the petition. Mr. Stump stated there was no additional landfill space. He then stated the properties were grandfathered, non-conforming lots, and First Piedmont wants to bring the properties into compliance in order to be allowed to remove and replace the old buildings on the properties. Jimmy Williams, Julie Griffin, Jerry Martin, Terrie Chaplin, Jean Martin, and Robin Rosson spoke in opposition to the petition. Their concerns included, but were not limited to, the following: odor, health concerns, life expectancy, ingress and egress to the site, etc. Mr. Davenport offered a rebuttal Planning Commission October 6, 2020 Page 4 and stated the new odor reducing equipment is on site but is not yet operational. Mr. Motley closed the public hearing at 8:33 p.m. During the discussion, it was stated that First Piedmont Corporation is making attempts to rectify the odor problems and is not going to expand the landfill. A motion was made by Mr. Horne, seconded by Mr. Harker, to recommend to the Board of Zoning Appeals that the Special Use Permit be granted with Conditions 1 and 2 as presented by Staff. Motion passed by a 6 to 0 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent). The public hearing was adjourned at 8:35 p.m. for a brief recess and reopened at 8:43 p.m. Case S-20-014, J. D. Shelton, Et Als, Gloria T. Shelton, Et Als, Tammy Leigh Shelton Wiles, Et Als - Mr. Motley opened the public hearing at 8:43 p.m. Mrs. Ragsdale, Director of Community Development, reported that J. D. Shelton and Others had petitioned for an amendment to the conditions attached to the existing Special Use Permit S-19-010 that was granted with conditions on September 10, 2019, on a total of 450.00 acres, located on Old Richmond Road, in the Dan River Election District for recreational uses and ATV trails. Ms. Tammy Wiles was present to represent the petition. She stated she had nothing to add. John Harris, Tanner Owen, and Phyllis Harris spoke in opposition to the petition. Their concerns included, but were not limited to, the following: the trail is a nuisance, the stipulations are not being obeyed, riding past closing time, no respect for landowners, noise, and alcohol related fights. Mr. Shelton and Ms. Wiles were given the opportunity to offer a rebuttal; however, they stated they had nothing to add. Mr. Motley closed the public hearing at 8:53 p.m. A motion was made by Mr. Horne, seconded by Mr. Stowe, to recommend to the Board of Zoning Appeals that the Special Use Permit be denied. Motion passed by a 6 to 0 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent). The public hearing was adjourned at 9:00 p.m. for a brief recess and reopened at 9:09 p.m. Case S-20-015, Anissa Christine Weimer – Mr. Motley opened the public hearing at 9:09 p.m. Mrs. Ragsdale, Director of Community Development, reported that Anissa Weimer had petitioned for a Special Use Permit on 53.56 acres, located on Brights Road, in the Staunton River Election District for a kennel for boarding dogs. Ms. Anissa Weimer was present to represent the petition. She stated she wanted the Special Use Permit in order to be allowed to have a kennel on her 53-acre parcel of land for boarding dogs. There was no opposition to the petition. Mr. Motley closed the public hearing at 9:10 p.m. A motion was made by Mr. Harker, seconded by Mr. Stowe, to recommend to the Board of Zoning Appeals that the Special Use Permit be granted. Motion passed by a 5 to 0 vote (three (3) members, Mrs. Henderson, Mr. Dudley, and Mr. Horne, were absent). Case S-20-016, Rodney F. Shelton & Janet W. Shelton – Mr. Motley opened the public hearing at 9:11 p.m. Mrs. Ragsdale, Director of Community Development, reported that Rodney and Janet Shelton had petitioned for a Special Use Permit on 8.57 acres, located on Coleman Mountain Road and on Java Road, in the Banister Election District for the service and repair of all-terrain vehicles (ATVs). Mrs. Janet Shelton was present to represent the petition. She stated the shop is an existing farm shop built in 2013 and no additional structures would be built. She then stated everything would be stored inside the shop. One of the Board members stated the recommendation by Staff included one condition to be added to the Special Use Permit that required all ATVs stored outside must be enclosed in a screened in or fenced in area. Mrs. Shelton stated she had no objection to this condition. Franklin Crowder spoke and stated he was not opposed to the Special Use Permit; however, he was concerned the garage would have lots of junk that would be thrown on the property line. He also stated there was no buffer zone placed on the property. Mrs. Shelton offered a Planning Commission October 6, 2020 Page 5 rebuttal and stated she was not aware of this problem. Mr. Motley closed the public hearing at 9:19 p.m. A motion was made by Mr. Harker, seconded by Mr. Stowe, to recommend to the Board of Zoning Appeals that the Special Use Permit request be granted with conditions as presented by Staff and to maintain a 35-foot setback off property lines. Motion passed by a 5 to 0 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent, and one (1) member, Mr. Horne, abstained). Case S-20-017, Randy Lynn Hogan – Mr. Motley opened the public hearing at 9:20 p.m. Mrs. Ragsdale, Director of Community Development, reported that Randy Hogan had petitioned for a Special Use Permit on a total of 9.09 acres, two (2) parcels of land, located on U.S. Highway 29 North and on Mount View Road, in the Westover Election District for a drive-in movie theater. Mr. Randy Hogan was present to represent the petition. He stated he had nothing to add. Thomas Morris, Susan Stephens, Toni Nuckols, Bill Culbert, Randolph Jones, Debbie McCormick, Tanya Hilliard, Artie Tompkins, Clarence Stephens, and Calvin Giles spoke in opposition to the petition. Their concerns included, but were not limited to, the following: traffic and safety issues, no planning or traffic study completed for this project, environmental hazards, disrupt the peace and security of the adjoining neighborhood, decrease in property values, distraction to traffic on the highway, lights, noise, excess trash, etc. Several petitions of individuals opposed to the drive-in movie theater were presented to the Board members for their review. Mr. Hogan offered a rebuttal and stated he just wanted to provide entertainment that could be enjoyed by the entire family. Mr. Motley closed the public hearing at 10:00 p.m. A motion was made by Mr. Haymore, seconded by Mr. Harker, to recommend to the Board of Zoning Appeals that the Special Use Permit request be denied. Motion passed by a 6 to 0 vote (two (2) members, Mrs. Henderson and Mr. Dudley, were absent). This concludes the Special Use Permit cases. OLD BUSINESS There was no old business. The meeting was adjourned at approximately 10:04 p.m. _____________________________ Richard G. Motley, Chairman _____________________________ Robin S. Vaughan, Clerk