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11/01/2011 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING November 1, 2011 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, November 1, 2011, in the General District Courtroom, Chatham, Virginia. Mr. Stowe, Chairman, called the meeting to order at approximately 7:00 p.m. Mr. Stowe 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 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 Assistant County Administrator/Director of Planning ABSENT Dr. Charles H. Miller, Jr. Banister District 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 October 4, 2011, 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 Stowe TO OPEN THE PUBLIC HEARING at approximately 7:02 p.m. Planning Commission November 1, 2011 Page 2 Case 1, Withdrawn, R-11-039. Case 2, Lester A. Strode, R-11-040. Mr. Stowe opened the public hearing at 7:02 p.m. Mr. Shelton, Director of Code Compliance, reported that Lester 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, to allow for storage of commercial vehicles relative to his paving company. Tim Fisk was present to represent the petition. He stated that Mr. Strode desired to rezone his property to B-2, Business District, General, to allow for the storage of the equipment used in his paving business, which has been in operation for fourteen (14) years. Annie Lee Osborne, Timothy L. Motley, and Lee Ann Barker spoke in opposition to the petition. Some of their concerns included, but were not limited to, the following: safety and noise issues, and decrease in property values should the rezoning be granted. Mr. Fisk offered a rebuttal and stated that Lawless Creek Road is a secondary road and Mr. Strode leaves for work early in the morning and returns late at night, which would pose no conflict with the school buses. He also stated that the noise created by Mr. Strode’s trucks is the same as delivery trucks on the highways. Mr. Stowe closed the public hearing at 7:17 p.m. During the discussion, it was stated that nothing has changed since last year when the petition was denied, that this is a quiet community with lots of homes, and the petitioned use of the property would not support the health, safety and general welfare of the citizens. A motion was made by Mr. Weatherford, seconded by Mr. Arthur, to recommend the Board of Supervisors deny this rezoning request. Motion passed unanimously. Case 3, Charles F. Edwards & Nancy M. Edwards, R-11-041. Mr. Stowe opened the public hearing at 7:19 p.m. Mr. Shelton, Director of Code Compliance, reported that Charles F. Edwards and Nancy M. Edwards had petitioned to rezone a total of 2.96 acres, two parcels, located on U.S. Highway 41/Franklin Turnpike, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to B-1, Business District, Limited for future commercial development (Dollar General Store). Lee Pittmon was present to represent the petition. He stated he had nothing to add, but he would answer any questions from the Board members. No one spoke in opposition to the petition. Mr. Sides, Assistant County Administrator/Director of Planning, presented copies of a memorandum dated July 27, 2011, regarding B-1 zoning designation and residential use to each Board member. He further explained that once the petitioned properties are rezoned to B-1, Business District, Limited, the home located on one of the petitioned parcels of land can no longer be used for rental purposes. Mr. Shelton stated that this was consistent with what the county has allowed in the past with other properties in the area. Mr. Stowe closed the public hearing at 7:23 p.m. During the discussion, it was stated that this site is a business site and it is consistent with the surrounding area. It was also stated that the issue with the rental of the house can be addressed at a later date. A motion was made by Mr. Motley, seconded by Mr. Weatherford, to recommend the Board of Supervisors rezone the properties from R-1, Residential Suburban Subdivision District to B-1, Business District, Limited. Motion passed unanimously. Case 4, Nannie Bett Berger, R-11-042 – Mr. Stowe opened the public hearing at 7:33 p.m. Mr. Shelton, Director of Code Compliance, reported that Nannie Bett Berger had petitioned to rezone 6.61 acres, located off State Road 691/Mill Creek Road, in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District, for future subdivision of the property for family members (exempt from Subdivision Ordinance by Sec. 18.2 of the Pittsylvania County Subdivision Ordinance & Sec. 15.2-2244 A., State Code of Virginia). Mae Hinnant 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 7:34 p.m. A motion was made by Mr. Motley, seconded by Mr. Harville, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimously. This concludes the Rezoning Cases. Planning Commission November 1, 2011 Page 3 Case S-1, Jeanette B. Grasty, S-11-014. Mr. Stowe opened the public hearing at 7:35 p.m. Mr. Shelton, Director of Code Compliance, reported that Jeanette Grasty had petitioned for a Special Use Permit on 0.90 acre, located on State Road 702/McDaniel Road, in the Banister Election District for a single-wide mobile home for her elderly friend’s residence. Jeanette Grasty was present to represent the petition. She stated that she was just trying to help her elderly friend. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:36 p.m. During the discussion, Ms. Grasty was commended for helping her elderly friend, and it was also stated that a mobile home works with the community. A motion was made by Mr. Motley, seconded by Mr. Arthur, to recommend the Board of Zoning Appeals grant this Special Use Permit. Motion passed unanimously. This concludes the Special Use Case. Case Z-1, W. David Lester & Robin L. Lester, Z-11-001. Mr. Stowe opened the public hearing at 7:37 p.m. Mr. Shelton, Director of Code Compliance, reported that David and Robin Lester had petitioned for a Special Use Permit on 13.40 acres, located on U.S. Highway 29, in the Chatham-Blairs Election District for a 10 x 20 (200 square feet), double-sided (total of four (4) panels), illuminated, off-site advertisement sign. David Lester was present to represent the petition. He stated he had nothing to add. Dennis Owen spoke in opposition to the petition. He stated that there are other illuminated signs in the immediate area, and it is difficult to get in and out of his adjacent parcel of land as far as visibility is concerned. He also felt that the sign would devalue his property. Mr. Lester offered a rebuttal and stated that he would set the sign back from the highway to satisfy Mr. Owen. Mr. Stowe closed the public hearing at 7:46 p.m. During the discussion, it was stated that Virginia Department of Transportation (VDOT) had approved the site, and the sign would be enclosed inside a wall (metal fence) on the north side of Highway 29. A motion was made by Mr. Motley, seconded by Ms. Mease, to recommend the Board of Zoning Appeals grant this Special Use Permit. Motion passed unanimously. This concludes the Sign Permit Case. OLD BUSINESS There was no old business. NEW BUSINESS Mr. Shelton presented a handout of proposed changes to the Pittsylvania County Zoning Ordinance to the Board members. He then made a recommendation to the Planning Commission that the proposed amendment to the Pittsylvania County Zoning Ordinance, Chapter 35-Zoning. DIVISION 3, RESIDENTIAL SUBURBAN SUBDIVISION DISTRICT (R-1) SEC. 35-223. SPECIAL USE PERMITS. to delete the following: Public Garages. Upon motion of Mr. Harville, seconded by Mr. Motley, and by a unanimous vote, it was recommended a public hearing be held to recommend to the Board of Supervisors that this change to the Pittsylvania County Zoning Ordinance be approved. Mr. Shelton then read the additional proposed changes to the Pittsylvania County Zoning Ordinance, which included the addition of Temporary Towing Lot under Business District General (B-2), Special Use Permits and Industrial District, Light Industry (M-1), Special Use Permits; the addition of Temporary Towing Lot under Supplementary Definitions to the Pittsylvania County Zoning Ordinance; and addition of Towing Permit under Chapter 9-Motor Vehicles and Traffic, SEC. 9.20.KEEPING OF INOPEATIVE MOTOR VEHICLES Planning Commission November 1, 2011 Page 4 of the Pittsylvania County Vehicle Ordinance, with a Special Use Permit under Business District, General (B-2), Special Use Permits and Industrial District, Light Industry (M-1), Special Use Permits. The Board members then discussed the option of conducting a work session with the Towing Commission to discuss the proposed changes to the Ordinance. They stated they would look at the proposed changes. No action was taken at this time. The meeting was adjourned at approximately 8:08 p.m. ____________________________ Morris Stowe, Chairman ____________________________ Kathy H. Belton, Clerk