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05/01/2012 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING May 1, 2012 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, May 1, 2012, in the General District Courtroom, Chatham, Virginia. Mr. Stowe, Chairman, called the meeting to order at approximately 7:00 p.m. 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 HarvilleBoard of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Assistant County Administrator/Director of Planning HEARING OF THE CITIZENS No citizens came forward to speak. Mr. Stowe recognized Mrs. Brenda Bowman, Board of Supervisors Representative for the Chatham-Blairs District and Mr. Jesse Barksdale, Board of Supervisors Representative for the Banister District, who were in attendance at the meeting. APPROVAL OF THE MINUTES A motion was made by Mr. Motley, seconded by Mr. Harville, and by unanimous vote the April 3, 2012, 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 7:01 p.m. Planning Commission May 1, 2012 Page 2 Case 1, Ricky Dale Carter, Et Als, John Cameron Moss, Et Als, & Audrey Turpin Moss, Et Als, R-12-018. Mr. Stowe opened the public hearing at 7:01 p.m. Mr. Shelton, Director of Code Compliance, reported that Ricky Carter and Others had petitioned to rezone 0.97 acre located on U.S. Highway 29, in the Chatham-Blairs Election District from DZ (R-1, Residential Suburban Subdivision District and B-2, Business District, General) to B-2, Business District, General to make the zoning consistent with the adjoining parcels of land and for future sale of the property. Ramsey Yeatts was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:02 p.m. During the discussion, it was stated there are businesses all around this area. A motion was made by Mr. Motley, seconded by Mr. Harville, to recommend the Board of Supervisors rezone the property from DZ (R-1, Residential Suburban Subdivision District and B-2, Business District, General) to B-2, Business District, General. Motion passed unanimously. Case 2, Ricky D. Carter, R-12-019. Mr. Stowe opened the public hearing at 7:04 p.m. Mr. Shelton, Director of Code Compliance, reported that Ricky Dale Carter had petitioned to rezone 0.60 acre, located on U.S. Highway 29, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General to make the zoning consistent with the adjoining parcel of land and for future sale of the property. Ramsey Yeatts was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:05 p.m. During the discussion, it was stated there are numerous businesses in the area. 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 B-2, Business District, General. Motion passed unanimously. Case 3, Richard A. Dill & Amy M. Dill, R-12-020. Mr. Stowe opened the public hearing at 7:06 p.m. Mr. Shelton, Director of Code Compliance, reported that Richard and Amy Dill had petitioned to rezone 0.93 acre, located at Harts Landing Subdivision, Lot 12, in the Callands-Gretna Election District from B-1, Business District, Limited to RC-1, Residential Combined Subdivision District to allow for construction of their personal residence. Richard Dill was present to represent the petition. He 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 this is a beautiful lot and is consistent with the other residential properties. A motion was made by Ms. Mease, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone the property from B-1, Business District, Limited to RC-1, Residential Combined Subdivision District. Motion passed unanimously. Case 4, James Kent Reynolds & Patsy M. Reynolds, R-12-021. Mr. Stowe opened the public hearing at 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported that James and Patsy Reynolds had petitioned to rezone a total of 2.36 acres, two parcels, located on State Road 631/Dews Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District and B-1, Business District, Limited to A-1, Agricultural District to allow for placement of a single-wide mobile home for their stepgranddaughter’s residence on GPIN # 2565-42-9352 which contains 2.06 acres. Teddie Reynolds was present to represent the petition. He 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 there are other single-wide mobile homes and double-wide mobile homes on each side of the road. A motion was made by Mr. Arthur, seconded by Mr. Welborn, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District and B-1, Business District, Limited to A-1, Agricultural District. Motion passed unanimously. Case 5, Lawrence A. Weiss, Jr., & Stephanie Reynolds Weiss, R-12-022. Mr. Stowe opened the public hearing at 7:10 p.m. Mr. Shelton, Director of Code Compliance, reported that Lawrence and Stephanie Weiss had petitioned to rezone 1.00 acre, located on State Road 805/Tomahawk Creek Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to make the Planning Commission May 1, 2012 Page 3 zoning consistent with the adjacent parcels of land. Stephanie Weiss 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 7:11 p.m. During the discussion, it was stated the property is consistent with the adjacent properties. A motion was made by Ms. Mease, seconded by Mr. Weatherford, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimously. Case 6, Calvin C. Oakes & Zada P. Oakes, R-12-023. Mr. Stowe opened the public hearing at 7:12 p.m. Mr. Shelton, Director of Code Compliance, reported that Calvin and Zada Oakes had petitioned to rezone 5.33 acres, located on U.S. Highway 41/Franklin Turnpike, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General for future sale of the property. Calvin Oakes was present to represent the petition. He stated he had nothing to add. Jo Ann Atkinson spoke in opposition to the petition. Some of her concerns included, but were not limited to, the following: the necessity of a retention pond for runoff, which would be a mosquito trap, bright lights, and noise adjacent to the established residential neighborhood, should the parcel be rezoned for commercial use. Mr. Oakes offered a rebuttal and stated there is commercial property on each side of his property and he wanted the community to grow and improve. Mr. Stowe closed the public hearing at 7:23 p.m. During the discussion, it was stated there are commercial properties all along Highway 41 and this is consistent with the Comprehensive Plan. Mr. Oakes was questioned as to whether he would be willing to offer a proffer, as the land owner, a deed restriction stating a buffer would be placed along the adjoining residential properties. Mr. Oakes stated that he would be willing to offer a proffer stating these conditions. 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 B-2, Business District, General, with proffer. Motion passed unanimously. Case 7, Perkins Tire & Service, LLC, R-12-024. Mr. Stowe opened the public hearing at 7:25 p.m. Mr. Shelton, Director of Code Compliance, reported that Perkins Tire & Service, LLC, had petitioned to rezone a total of 3.38 acres, three parcels, located on U.S. Highway 29 North, in the Banister Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General for future commercial development. Ramsey Yeatts was present to represent the petition. He presented a diagram of the petitioned properties to each Board member for their review and stated this is a business area and would help to create more jobs. He stated a site plan is in the works and there would be a turn lane if required by VDOT. He also stated this business would be for passenger cars and trucks (not exceeding two (2) tons in weight), there would be a holding pond for runoff on the property, and there would be signage on the property next to the highway and on the building. Marian Keyes, Tiny McLaughlin, Lillian Fitzgerald, Dora Adams, Rev. Floyd Jones and Willie Fitzgerald spoke in opposition to the petition. Their concerns included, but were not limited to, the following: heavy traffic, loud noise, lights, depreciation of their properties, and their desire to keep the area surrounding their properties residential. A petition in opposition to the rezoning was also presented to the Board members for their review. Mr. Yeatts offered a rebuttal and stated the business would be for automobiles and pickup trucks and this is a developing area. Mr. Stowe closed the public hearing at 8:03 p.m. During the discussion, it was stated there are still a lot of unanswered questions concerning this case. A motion was made by Dr. Miller, seconded by Mr. Harville, to recommend the Board of Supervisors deny this rezoning request. Motion passed unanimously. This concludes the Rezoning Cases. Planning Commission May 1, 2012 Page 4 Case S-1, Florence Hudson Holley, S-12-006. Mr. Stowe opened the public hearing at 8:08 p.m. Mr. Shelton, Director of Code Compliance, reported that Florence Holley had petitioned for a Special Use Permit on 100 x 100 feet (10,000 square feet), part of 97.16 acres, located off State Road 718/Dry Fork Road, in the Tunstall Election District for construction of a 199 foot telecommunications tower, monopole design, within a 75 x 75 feet (5,625 square feet) compound for Central States Tower, LLC. Tony Stewart was present to represent the petition. He stated Central States Tower, LLC, builds towers for AT&T and Ntelos and the tower meets the intent of the zoning ordinance, the Federal Telecommunications Act and the Federal Aviation Administration (FAA). He also stated since the tower is less than 200 feet in height, no lighting would be required and the tower would be placed in the back corner of Mrs. Holley’s property. James Gauldin, Keith Johnson and Steve Johnson spoke in opposition to the petition. Their concerns included, but were not limited to, the following: the location of the tower is too close to their homes and public safety. Mr. Stewart offered a rebuttal and stated the emissions from the tower are in compliance with the Federal Telecommunications Act, that no harm is posed to the public, and is controlled by the Federal Government. Mr. Stowe closed the public hearing at 8:33 p.m. During the discussion, Mr. Stewart was questioned as to whether the tower could be moved to another area of the property if the property owner would agree to this change and he stated that Mrs. Holley would agree to this change. Mr. Stewart then requested that the petition be withdrawn to allow him time to change the location of the tower. A motion was made by Mr. Harville, seconded by Mr. Welborn, that this petition be withdrawn without penalty. Motion passed unanimously. This concludes the Special Use Permit case. OLD BUSINESS There was no old business. NEW BUSINESS Mr. Shelton distributed the Site Development Plan for the new Mount Hermon Medical Center to be located on Highway 41/Franklin Turnpike, adjacent to The Courtyard. He stated the property is already zoned B-2, Business District, General, and VDOT said the plan is workable but they are not yet sure if a turn lane will be required. He also stated the plan will meet the requirements of VDOT and will also meet all Erosion and Sediment requirements. Tom Godfrey with Shanks Associates, P.C., stated he did not think VDOT would require a turn lane; however, if they did require the turn lane, they would upgrade the site plan. He also stated the site would have a 40-foot shared entrance and would meet all site plan requirements. Upon motion of Mr. Motley, seconded by Mr. Harville, the Board made a recommendation that the site plan for the new Mount Hermon Medical Center on Highway 41/Franklin Turnpike be approved subject to VDOT’s approval and meeting the Site Development Requirements of the Pittsylvania County Zoning Ordinance. Motion passed unanimously. The meeting was adjourned at approximately 8:42 p.m. ____________________________ Morris Stowe, Chairman ____________________________ Kathy H. Belton, Clerk