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PC Minutes 08 06 2019 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING August 6, 2019 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, August 6, 2019, in the General District Courtroom, Chatham, Virginia. Mr. Motley, Chairman, called the meeting to order at approximately 7:00 p.m. Mrs. Hayes called the roll. PRESENT Richard Motley Chatham-Blairs District Timothy Dudley Staunton River District Morris Stowe Tunstall District Colette Henderson Banister District H. F. Haymore, Jr. Westover District Brian Horne Dan River District Dr. Charles H. Miller, Jr. Board of Supervisors Representative Karen N. Hayes Deputy Director of Community Development Greg Sides Assistant County Administrator J. Vaden Hunt County Attorney ABSENT 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 A motion was made by Mr. Haymore, seconded by Mr. Dudley, and by a 7 to 0 vote (one member, Mrs. Mease, was absent), the agenda was approved as presented. Planning Commission August 6, 2019 Page 2 APPROVAL OF THE MINUTES A motion was made by Mr. Dudley, seconded by Mr. Horne, and by a 7 to 0 vote (one member, Mrs. Mease, was absent), the July 2, 2019, minutes were approved as presented. CHAIRMAN’S REPORT Mr. Motley reported on the recent passing of Mrs. Mease’s husband on July 28, 2019, and extended his sympathy and prayers to the family. He then announced that FERC (Federal Energy Regulatory Commission) will hold a meeting open to the public on Tuesday, August 20, 2019, at the Olde Dominion Agricultural Complex from 5:00 – 8:00 p.m. regarding the Mountain Valley Pipeline. Mr. Motley welcomed Dr. Miller’s wife to the meeting. He also welcomed Mr. Nathan Harper, who will serve as Mr. Dudley’s replacement on the Planning Commission, to the meeting. THE ZONING PRECEPTS WERE READ by Mr. Motley TO OPEN THE PUBLIC HEARING at approximately 7:05 p.m. Case R-19-022, April Patterson Daly, Ryan Kerri Patterson, Jason Paul Patterson & Marie Taylor AIF for Annelynn Patterson – Mr. Motley opened the public hearing at 7:05 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that April Daly and Others had petitioned to rezone 0.94 of an acre, located on Pinecroft Road, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to consolidate with the adjacent A-1 land – the family farm. She then stated once the property is rezoned to A-1, all uses listed under Section 35-178 are permitted. Mr. Mark Johnson with LE&D was present to represent the petition. He stated the petitioners are in the process of settling the estate and this parcel of land has the only road allowing access to the adjacent family farm. He then stated this property is on the front facing the highway and is currently in agricultural use. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:08 p.m. A motion was made by Mr. Stowe, seconded by Mr. Haymore, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 7 to 0 vote (one member, Mrs. Mease, was absent). Case R-19-023, Maxey Properties, LLC, & Brandon & Jessica Driver – Mr. Motley opened the public hearing at 7:09 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Maxey Properties, LLC, and Jessica and Brandon Driver had petitioned to rezone 0.169 of an acre from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District and 0.168 of an acre from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. She stated the petitioners are swapping property lines. She then stated the parcels are located on State Road 834/Jones Mill Road, in the Tunstall Election District. She then stated once the properties are rezoned to R-1 and A-1, all uses listed under Sections 35-222 and 35-178 are permitted. Mr. Hank Maxey was present to represent the petition. He stated he had nothing to add except they were swapping property lines. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:11 p.m. A motion was made by Mr. Stowe, seconded by Dr. Miller, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 7 to 0 vote (one member, Mrs. Mease, was absent). This concludes the Rezoning cases. Planning Commission August 6, 2019 Page 3 Case S-19-009, Sycamore Solar I, LLC – Mr. Motley opened the public hearing at 7:12 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Sycamore Solar I, LLC, had petitioned for a Special Use Permit on a total of 985.84 acres, seven (7) parcels of land, located on East Gretna, Hickeys, Farmers, Edmunds, Buck Track, and Renan Roads, in the Banister and Callands-Gretna Election Districts for a utility-scale solar energy facility. She then stated a maximum of 500 acres of land will be used. Mr. Jon Puvak, Mike Vulpie, and Rick Thomas with Timmons Group were present to represent the petition. Mr. Puvak provided a brief overview of the proposed solar project and answered questions from the Board members. Bill Wyatt, Steve Scruggs, James Thompson, IV, William Rowland, Tonya Pope and Keshauna Coles spoke during the hearing. Mr. Wyatt and Mr. Scruggs spoke in favor of the petition; James Thompson, IV, William Rowland, Tonya Pope and Keshauna Coles had concerns which included, but were not limited to, the following: (1) Life span of the solar panels; (2) Noise; (3) Environmental hazards; (4) Side effects; (5) Benefits; (6) Property value, etc. Mr. Puvak and Mr. Buckley offered a rebuttal and addressed the concerns of each individual and answered questions from the Board members. Mr. Motley closed the public hearing at 7:49 p.m. A motion was made by Dr. Miller, seconded by Mr. Dudley, to recommend to the Board of Zoning Appeals that the Special Use Permit request be granted with proposed conditions as presented with the exception of #3 Setbacks to allow a 40-foot side setback and with the resolution as presented. Motion passed by a 7 to 0 vote (one member, Mrs. Mease, was absent). This concludes the Special Use Permit case. OLD BUSINESS There was no old business. NEW BUSINESS Discussion of Veterinarian Clinics – Setbacks Mr. Sides presented a potential revision to the Pittsylvania County Zoning Ordinance, SEC. 35-122. COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL for the Board’s consideration, which would change the setbacks and the conditions placed would be left up to the Board of Zoning Appeals. The potential revision is as follows: Proposed Amendment to Pittsylvania County Code, Chapter 35, SEC. 35-122. COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL; SEC. 35-179 A-1, SPECIAL USE PERMITS; SEC. 35-347 B-1 SPECIAL USE PERMITS; SEC. 35-366 B-2 SPECIAL USE PERMITS; SEC. 35-384 M-1 SPECIAL USE PERMITS; SEC. 35-403 M-2 SPECIAL USE PERMITS. The proposed is to omit the following language: SEC.35-122. COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL. Except where animals are confined in soundproofed, air-conditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. In no case shall any such structure or area be located closer than two hundred (200) feet to any agricultural or residential lot line. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. and add commercial kennels, veterinary and animal hospitals under special use permits in the following districts: A-1, Agricultural District; B-1, Business District, Limited; B-2, Business District, General; M-1, Industrial District, Light Industry; and M-2, Industrial District, Heavy Industry. A motion was made by Mr. Dudley, seconded by Mr. Horne, to hold a public hearing to review and make recommendations on proposed changes to the Zoning Planning Commission August 6, 2019 Page 4 Ordinance regarding Section 35-122. COMMERCIAL KENNELS, VETERINARY AND ANIMAL HOSPITALS. Motion passed by a 7 to 0 vote (one member, Mrs. Mease, was absent). The meeting was adjourned at approximately 8:00 p.m.