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05/03/2011 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING May 3, 2011 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, May 3, 2011, 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 Dr. Charles H. Miller, Jr. Banister District Curtis Arthur Staunton River District David Weatherford Westover District Larry Welborn Dan River District Coy Harville Board of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Director of Planning Mr. Stowe requested that Mr. Motley serve as the Chairman of the meeting due to the fact there were numerous cases in the Tunstall District. HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A motion was made by Mr. Stowe, seconded by Mr. Arthur, and by a unanimous vote the April 5, 2011, minutes were approved as presented. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Motley TO OPEN THE PUBLIC HEARING at approximately 7:03 p.m. Planning Commission May 3, 2011 Page 2 Case 1, Roland H. Worley, R-11-013. Mr. Motley opened the public hearing at 7:04 p.m. Mr. Shelton, Director of Code Compliance, reported that Roland Worley had petitioned to rezone the R-1, Residential Suburban Subdivision District portions of 76.65 acres, two parcels, to A-1, Agricultural District (to make the zoning consistent with the remaining 38.14 acres and to construct an addition to his home). The R-1 parcels are a total of 38.51 acres, located off State Road 996/Covington Road, in the Staunton River Election District. Meredith Parsons 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 7:06 p.m. A motion was made by Mr. Arthur, seconded by Mr. Welborn, to recommend the Board of Supervisors rezone the R-1, Residential Suburban Subdivision District portions of these properties to A-1, Agricultural District. Motion passed unanimous. Case 2, Donald Wayne Deboe & Kim Louise Gillespie Deboe, R-11-014. Mr. Motley opened the public hearing at 7:07 p.m. Mr. Shelton, Director of Code Compliance, reported that Donald and Kim Deboe had petitioned to rezone 16.75 acres, located on State Road 836/White Oak Circle, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for placement of a second dwelling, a single-wide mobile home, for their daughter’s residence). Donald and Kim Deboe 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 7:08 p.m. During the discussion, it was stated this is a rural area and very consistent with the surrounding area. A motion was made by Mr. Stowe, seconded by Mr. Harville, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimous. Case 3, English Developers, Inc., & A. Douglas Dalton, Jr., R-11-015. Mr. Motley opened the public hearing at 7:09 p.m. Mr. Shelton, Director of Code Compliance, reported that English Developers, Inc., and A. Douglas Dalton, Jr., had petitioned to rezone a portion of 49.36 acres (0.218 acre, per plat), located on U.S. Highway 29 North, in the Banister Election District from A-1, Agricultural District to M-2, Industrial District, Heavy Industry (to be combined with GPIN # 2417-85-6421 that is zoned M-2). Kevin Owen was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:10 p.m. A motion was made by Dr. Miller, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone this portion of property from A-1, Agricultural District to M-2, Industrial District, Heavy Industry. Motion passed unanimous. Case 4, Jurgen Walter & Angela S. Walter, R-11-016. Mr. Motley opened the public hearing at 7:11 p.m. Mr. Shelton, Director of Code Compliance, reported that Jurgen and Angela Walter had petitioned to rezone 2.00 acres, located on State Road 719/Green Farm Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the adjacent parcel of land zoned A-1). Angela Walter was present to represent the petition. She stated she had nothing to add. Several individuals came forward and spoke in opposition to the petition. Some of their concerns were as follows: They felt that R-1, Residential Suburban Subdivision District best represented the atmosphere of the community rather than A-1, Agricultural District, and they desired to keep their properties a community. A petition of individuals opposed to the rezoning was presented to the Board members for their review. Angela Walter offered a rebuttal and stated in order to vacate the lot line and combine her two parcels of land into one parcel, both parcels needed to be one zoning district. Mr. Motley closed the public hearing at 7:42 p.m. During the discussion, it was stated this is spot zoning, and A-1 zoning was consistent with the surrounding area. A motion was made by Mr. Welborn, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimous. Planning Commission May 3, 2011 Page 3 Case 5, Archer A. Hyler, R-11-017. Mr. Motley opened the public hearing at 7:43 p.m. Mr. Shelton, Director of Code Compliance, reported that Archer Hyler had petitioned to rezone 5.92 acres, located on State Road 876/Mangrums Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for future subdivision of the property for family members). Mr. Hyler was not present at the meeting; however, Mr. Shelton stated he would try to answer any questions the Board had regarding this petition. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:45 p.m. During the discussion, it was stated this is spot zoning, and this zoning is not consistent with the surrounding areas. A motion was made by Mr. Stowe, seconded by Mr. Harville, to recommend the Board of Supervisors deny this rezoning request. Motion passed unanimous, Case 6, Withdrawn, R-11-018. Case 7, Nancy M. Motley, Life Tenant & Ann Hamner Doss, Remainderman. Mr. Motley opened the public hearing at 7:47 p.m. Mr. Shelton, Director of Code Compliance, reported that Nancy Motley and Ann Doss had petitioned to rezone the R-1, Residential Suburban Subdivision District portions of 46.11 acres, three parcels, to A-1, Agricultural District (to make the zoning consistent with the remaining 36.73 acres and for future sale of portions of the property to adjacent property owners). Nancy Motley 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 7:49 p.m. During the discussion, it was stated the zoning is consistent with the Comprehensive Plan. A motion was made by Dr. Miller, seconded by Ms. Mease, to recommend the Board of Supervisors rezone the R-1, Residential Suburban Subdivision District portions of these properties to A-1, Agricultural District. Motion passed unanimous. Case 8, James Whitt, R-11-020. Mr. Motley opened the public hearing at 7:51 p.m. Mr. Shelton, Director of Code Compliance, reported that James Whitt had petitioned to rezone 1.04 acres, located on State Road 856/Cobbs Knob Road, in the Tunstall Election District from M-2, Industrial District, Heavy Industry to A-1, Agricultural District (for placement of a single-wide mobile home for his personal residence). James Whitt was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:52 p.m. A motion was made by Mr. Stowe, seconded by Mr. Harville, to recommend the Board of Supervisors rezone this property from M-2, Industrial District, Heavy Industry to A-1, Agricultural District. Motion passed unanimous. This concludes the Rezoning cases. Case V-1, Carol Hines Wilson, Et Als, Alan Raymond Hines, Et Als, & Cynthia Hines Hyler, Et Als, V-11-001. Mr. Motley opened the public hearing at 7:52 p.m. Mr. Shelton, Director of Code Compliance, reported that Alan Hines and Others had petitioned for a Variance on 1.24 acre, located on State Road 844/Mount Cross Road, in the Tunstall Election District to Section 35-272, Minimum Yard Dimensions, (A) Front Setback, (C) Rear Setback and Section 35-269, Area Regulations, Subsection 4, Required State-Maintained Road Frontage, of the Pittsylvania County Zoning Ordinance (requesting a Variance of eight (8) feet rear setback, a Variance of three (3) feet front setback to the edge of the right-of-way and a Variance because the mobile home lot will have no State-Maintained road frontage, to allow for division of the property). Alan Hines and Carlton Hawkins with LE&D were present to represent the petition. Mr. Hawkins stated he would like for the Variance to remain in effect during the lifetime of the lady residing in the mobile home who had taken care of his mother until her death in 2010. There was no opposition to the petition. During the discussion, it was stated there is no State-Maintained road frontage from the mobile home to the highway and the neighbors were not opposed to the Variance. A motion was made by Mr. Stowe, seconded by Mr. Weatherford, to recommend the Board of Zoning Appeals grant this Variance request. Planning Commission May 3, 2011 Page 4 This concludes the Variance case. OLD BUSINESS There was no old business. NEW BUSINESS Greg Sides, Director of Planning, presented copies of the updated Transportation Chapter to each Board member for their review. The meeting was adjourned at approximately 7:55 p.m. ____________________________ Morris Stowe, Chairman ____________________________ Kathy H. Belton, Clerk