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08/05/2010 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING August 5, 2010 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Thursday, August 5, 2010, in the General District Courtroom, Chatham, Virginia. Mr. Stowe, Chairman, called the meeting to order at approximately 7:00 p.m. Dr. Miller gave the invocation. Mr. Stowe called the roll. PRESENT Morris Stowe Tunstall District Richard Motley Chatham-Blairs District Janet Mease Callands-Gretna District Curtis Arthur Staunton River District Dr. Charles H. Miller, Jr. Banister District Fred Ingram Board of Supervisors Representative Larry Welborn Dan River District Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator ABSENT David Weatherford Westover District Greg Sides Director of Planning HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A motion was made by Mr. Motley, seconded by Ms. Mease, and by a unanimous vote the June 1, 2010, minutes were approved as presented. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Stowe TO OPEN THE PUBLIC HEARING at approximately 7:02 p.m. Case 1, Nellie E. Tarpley and Others, R-10-029. Mr. Stowe opened the public hearing at 7:03 p.m. Mr. Shelton, Director of Code Compliance, reported that Nellie E. Tarpley and Others had petitioned to rezone 1.00 acre, located on State Road 882/West Sunrise Drive, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to RC-1, Residential Combined Subdivision District (for placement of a second dwelling, a single-wide mobile home, to be used for the daughter’s residence to care for her elderly parents). Elaine Jefferson was present to represent the petition. She stated both her parents were ill and she had to drive back and forth from Axton to help with their care. The Board questioned where the second home would be located and Ms. Jefferson answered to the side of the existing dwelling. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:05 p.m. A motion was made by Dr. Miller, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to RC-1, Residential Combined Subdivision District. Motion passed unanimous. Planning Commission Page 2 August 5, 2010 Case 2, James and Patricia Lowe, R-10-030. Mr. Stowe opened the public hearing at 7:06 p.m. Mr. Shelton, Director of Code Compliance, reported that James and Patricia Lowe had petitioned to rezone a portion of a 54.18 acre parcel of land, (1.024 acres), located on State Road 703/Sunset Drive in the Tunstall Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District (to combine with GPIN # 1481-17-4524). Jim Lowe was present to represent the petition and stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:07 p.m. During the discussion, it was stated Mr. Lowe was just adding to his property. A motion was made by Mr. Ingram, seconded by Dr. Miller, to recommend the Board of Supervisors rezone this property from A-1, Agricultural District to R-1, Residential Suburban Subdivision District. Motion passed unanimous. Case 3, Randall and Judy Wallace, R-10-031. Mr. Stowe opened the public hearing at 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported that Randall and Judy Wallace had petitioned to rezone a portion of a 54.18 acre parcel of land, (2.099 acres), located on State Road 703/Sunset Drive in the Tunstall Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District (to combine with GPIN # 1481-06-5919). Randall Wallace was present to represent the petition and stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:09 p.m. During the discussion, it was stated Mr. Wallace was just adding to his property. A motion was made by Ms. Mease, seconded by Mr. Motley, to recommend the Board of Supervisors rezone this property from A-1, Agricultural District to R-1, Residential Suburban Subdivision District. Motion passed unanimous. Case 4, Lester A. Strode, R-10-032. Mr. Stowe opened the public hearing at 7:10 p.m. Mr. Shelton, Director of Code Compliance, reported that Lester A. Strode had petitioned to rezone 14.84 acres, located on State Road 719/Lawless Creek Road in the Westover Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General (for storage of commercial vehicles related to his paving company). Lester Strode was present to represent the petition and stated he was just looking for a place to park his vehicles and had been parking these vehicles on his rental property for approximately a year with no problem. Mary Reese and Randy McGuire spoke in opposition to the petition. Some of their concerns were noise in the neighborhood and safety related to the petroleum products in the trucks. It was also stated that commercial vehicles should be parked on commercial property. Elson Ford and Avie Robertson stated they were not opposed to the petition. Mr. Ford stated Mr. Strode’s property was to the rear of and adjoined his property and the vehicles were approximately 300 feet behind his property. He stated Mr. Strode was not dumping anything on the property. Ms. Robertson stated she did not see a problem with the vehicles being parked on the property and Mr. Strode had addressed any concerns she had in the past. Elaine Jefferson signed to speak but did not do so. Mr. Strode then spoke and stated he did not plan to ruin the neighborhood and would sign a proffer related to this case. Mr. Stowe closed the public hearing at 7:33 p.m. The Board then discussed the case and it was stated there were safety concerns with the trucks entering and exiting the property and children’s safety. The Comprehensive Plan related to this area was also discussed. A motion was made by Mr. Motley, seconded by Mr. Welborn, to recommend this case be continued to the next meeting in order for Mr. Strode to submit a proffer. Motion passed unanimous. This concludes the Rezoning Cases. Case S-1, Roger Jefferson, S-10-009. Mr. Stowe opened the public hearing at 7:41 p.m. Mr. Shelton, Director of Code Compliance, reported that Roger Jefferson had petitioned for a Special Use Permit on 280.96 acres, located on State Road 750/Oxford Road, in the Callands-Gretna Election District (for an anaerobic digester). Fred Wydner was present to represent the petition. Mr. Wydner stated this digester was identical to the other digester that was being installed in the county but was larger and the digester would be an investment of three million dollars in the county. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:44 p.m. During the discussion, it was stated this would not be a disturbance to anyone and an ideal location. A motion was made by Ms. Mease, seconded by Mr. Ingram, that the Board of Zoning Appeals grant this Special Use request. Motion passed unanimous. Case S-1, Paulett Crews, S-10-005. Mr. Stowe opened the public hearing at 7:45 p.m. Mr. Shelton, Director of Code Compliance, reported that Paulett Crews had petitioned for a Special Use Permit on .50 of an acre, located on State Road 630/Hodnetts Road, in the Staunton River Election District (for emergency services, rescue and medical transport). Mr. Shelton further stated the Planning Commission, with no opposition, tabled this case until the cars (inoperable vehicles) were removed and properly posted. He stated Ms. Crews called his office on July 6, 2010, and stated that she had talked Planning Commission Page 3 August 5, 2010 with Mr. Ecker and Mr. Ingram and she was told that she could go ahead and get approval without any fees and that she could have a total of five (5) inoperable cars on site. Ms. Crews was present to represent the petition. She stated she had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:47 p.m. During the discussion, it was stated the applicant had complied with posting the property and removing the cars. A motion was made by Mr. Arthur, seconded by Mr. Ingram, that the Board of Zoning Appeals grant this Special Use request. Motion passed unanimous. This concludes the Special Use Cases. OLD BUSINESS There was no old business. Mr. Shelton stated Mr. Sides was in Washington for training. NEW BUSINESS The Board and Mr. Shelton discussed the proposed changes to the Pittsylvania County Zoning Ordinance. A motion was made by Mr. Ingram, seconded by Mr. Motley, that the Planning Commission have a public hearing on (A) Addition of Non-Emergency Medical Transport under all zoning districts allowing Emergency Services Facilities – Fire, Rescue as a Special Use: A-1, RE, R-1, RC-1, RMF, RPD, and MHP. Addition of Non-Emergency Medical Transport under all zoning districts allowing Emergency Services Facilities – Fire, Rescue as a Permitted Use: B-1, B-2, M-1, M-2 and C-1. (B) Addition of Internet Sweepstakes Cafes under the following: DIVISION 9. BUSINESS DISTRICT LIMITED (B-1) SEC. 35-347. SPECIAL USE PERMITS. DIVISION 10. BUSINESS DISTRICT GENERAL (B-2) SEC. 35-366. SPECIAL USE PERMITS. Motion passed unanimous. There was then a general discussion regarding Non-Emergency Medical transport. The meeting was adjourned at approximately 8:03 p.m. _______________________ Morris Stowe, Chairman _________________________ Hannah Orgain, Clerk