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12/04/2012PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING Decembec 4, 2012 MINUTES VIRGINIA: The Pittsylvania County Planning Cominission met on Tuesday, Decembez 4, 2012, in the Genexal District Co�teoom, Chatham, Vixginia. ivlr. Stowe, Chairman, called the meeting to oxder at appro�mately 7:00 p.m. Mx. Stowe called the xoll. PRESENT Morris Stowe Richard Modey janet Mease Dx. Chazles H. Miller, Jz. David Weathexford Larxy Welbom Coy Haroille Odie H. Shelton, Jx. Gxeg Sides ABSENT Tunstall District Chatham-Bla�s District Callands-Gietna District Banistex District Westover District Dan Rivex District BoaTd of Supervisors Repxesentative Directox of Code Compliance/Zoning Aduiinistratot Assistant County Aduiinistratox/DirectoT of Plamung Curtis Axthur Staunton River District HEARING OF THE CITIZENS No citizens came forcvard to speak. APPROVAL OF THE MINUTES A morion was made by Ms. Modey, seconded by Ds. Millex, and by unanixnous vote the November 8, 2012, minutes wexe appxoved as pxesented. CHAIRMAN'S REPORT There was no Chaimian's Report. THE ZONING PRECEPTS WERE READ by Mr. Stowe TO OPEN THE PUBLIC HEARING at approxixnately 7:01 p.m. Case 1, Diron C. Clements. R-12-046 — NIr. Stowe opened the public hearing at 7:01 p.m. Mr. Shelton, Directox of Code Compliance, zeported that Diron Clements had petirioned to xezone 8.584 acres (part of 25.49 acxes), located on State Road 872/Meadowview Drive, in the Westovex Elecrion District from R-1, Residential Subarban Subdivision Disrrict to A-1, Agricultural District for agricultutal use (hoises and a bam). �IS. Shelton Planrung Coimiussion Decembex 4, 2012 Page 2 fucthei stated that the peridoner had submitted a proffer stating the parcel would not be used fox any permitted uses, listed by right, undex Secdon 35-178 that aze not solely related to agxicultural use (horses and a barn fox the hoxses). He also stated the pedrioner had pxoffexed that any othex uses, other than the ones pernvtted in R-1, Residential Sub�ban Subdivision District, would xequue a new petidon with a Public Hearing and approval by the Boaxd of Supervisoxs. Mr. Shelton then stated the pedrioner had pxoffexed should the pxopesty no longer be used for agxicultucal use (horses and a barn fox the horses), he would petition the Boaxd of Supenrisoxs to rezone the property back to R-1, Residendal Subucban Subdivision Distxict. He then stated the pxoffex was in the Boatd packet for the Boaxd membexs to re�zew. Dixon Clements was pTesent to TepTesent the petition. He stated he had nothing to add. TheTe was no opposirion to the perition. Mx. Stowe closed the public hearing at 7:04 pm. During the discussion, Mr. Clements was commended for tallcing with his neighboTS and fox submitting a pxoffeT stating his intentions. A motion was made by Mx. Weathexford, seconded by Ms. Modey, to xecommend the Board of Supervisoxs xezone the property fxom R-1, Residential Subuxban Subdivision District to A-1, Agricultucal District with proffet as submitted. Morion passed unanimously. Case 2,James Wesley Fulk & Angela Lorraine Fulk. R-12-047 —�. Stowe opened the public hearing at 7:05 p.m. NIr. Shelton, D�ectox of Code Compliance, reported that James and Angela Fulk had petitioned to rezone 45.06 acres, located on U.S. Highway 41/Franklin Turnpike, in the Tunstall Elecrion District from R-1, Residenrial Suburban Subdivision Distnct to A-1, Agricultural District to subdivide a lot for the� son. James and Angela Fulk wexe present to xepxesent the perition. They stated they had norhing to add. Thexe was no opposition to the petirion. Mx. Stowe closed the public hearing at 7:07 p.m. A morion was made by Mx. Modey, seconded by Mx. Harville, to recommend the Boaxd of Supervisors rezone the pxoperty from R-1, Residendal Suburban Subdivision Distxict to A-1, Agricultural Distnct. Modon passed unanimously. Case 3. Withdcawn, R-12-048 Case 4, Dry Creek Ptoperties, LLC R-12-049 — Mr. Stowe opened the public hearing at 7:08 p.m. Mr. Shelton, DuectoT of Code Compliance, iepoxted that Dry Cxeek Properues, LLC, had petirioned to rezone 1.58 acxe, locared on State Road 1502/Woodlake Drive, in the Westover Elecrion District fxom B-2, Business District, Genetal to R-1, Residential Suburban Subdivision District for residenrial use. Ramsey Yeatts was pxesent to repxesent the peririon. He stated he had nothing to add. There was no opposirion to the peririon. Mx. Stowe closed the public hearing at 7:09 p.m. A morion was made by Iv�. WeathexfoTd, seconded by Ms. Mease, to xecommend the Boaxd of SupervisoTS Tezone the pxopexty from B-2, Business District, Genexal to R-1, Residential Subuxban Subdivision Distnct Motion passed unanunously. Case S,James Donald Wanen R-12-O50 — Mx. Stowe opened the public hearing at 7:10 p.m. Mi. Shelton, D�ector of Code Compliance, repoxted that James Warren had peririoned to rezone 0.44 acre, located on State Road 1142/Ferry Road, in the WestoveT Election District from B-2, Business District, Genexal to R-1, Residential Subuxban Subdivision District for xesidential use. Mx. Shelton then stated Mr. Waxxen had submitted a written xequest to withdraw the case and leace the propexty as B-2, Business District, General. Mz. Stowe closed the public heaxing at 7:11 p.m. A morion was made by Mx. Weatherfoxd, seconded by Dx. Millet, to recommend the penrion be withdtawn without penalty. Monon passed unanimously. Case 6 Fced Randall Mills & Eleanor Marie Mills, R-12-051— Mx. Stowe opened the public hearing at 7:11 p.m Mx. Shelton, Dixectox of Code Compliance, iepoxted that Fxed and Eleanoi Mills had petirioned to xezone 4.85 acxes, located on State Road 863/Mooxefield Bridge Road, in the Westover Elecrion District from R-1, Residential Subucban Subdivision District to A-1, Agncultutal District to make the zoning consistent with the adjacent paxcels of land zoned A-1 and fox subdivision of the properry fox family membexs. Eleanoz Mills was present to xepxesent the petition. She stated she had nothuig to add. Thete was no opposirion to the peririon. Planning Coimnission Decembex 4, 2012 Page 3 iV�. Stowe closed the public hearing at 7:12 pm. During the discussion, it was stated this is consistent with the suxrounding area. A modon was made by Mx. Weathexfoxd, seconded by Mx. Harville, to xecommend the Boaxd of Supervisoxs xezone the property fxom R-1, Residendal Subucban Subdivision District to A-1, Agricultural District. Morion passed unanimously. Case 7, Jackie Ray Atldnson, Jr., R-12-052 — Mx. Stowe opened the public hearing at 7:13 p.m. Mr. Shelton, D'uectar of Code Compliance, xepoxted that Jackie Ray Atkinson, Jx., had petitioned to rezone 12.454 acres (part of 135.50 acTes), located on U.S. Highway 29, in the Chatham-Blaics Elecrion District fTOm A-1, Agricultural District to B-2, Business District, Genexal to make the zoning consistent with the adjouung pazcels of land zoned B-2. Ramsey Yeatts was pxesent to repxesent the petirion. He stated he had nothing to add. Following several quesrions fxom the Boaxd membexs conceriung the survey, Mx. Yeatts stated the peririoned paxcel would be combined with the comei lot to be xezoned (Case 8, R-12-053), and both paxcels would be xezoned to B-2. He then pTesented copies of the plat to the Board membezs fos theix xeview. Thexe was no opposirion to the petidon. Mr. Stowe closed the public hearing at 7:19 p.m. During the discussion, it was stated there ate businesses on Highway 29. A motion was made by Mx. Modey, seconded by Mx. Welbom, to recommend the Board of Supervisoxs Tezone the property fxom A-1, Agricultuxal District to B-2, Business District, Genexal, provided the plat is recorded. Morion passed unanunously. Case 8, Jackie Rav Atkinson. Jr. R-12-053 - Mr. Stowe opened the public hearing at 720 p.m. Mr. Shelton, Directox of Code Compliance, xeported that Jackie Ray Atkinson, Jv, had petirioned to rezone 0.717 acxe, located on U.S. Highway 29, in the Chatham-Blaixs Elecrion District from R-1, Residential Subuxban Subdivision District to B-2, Business District, Genexal to make the zoning consistent with the adjouung paxcels of land zoned B-2. Ramsey Yeatts was present to xepxesent the petition. He stated he had nothuig to add. Thexe was no opposition to the peririon. Iv�. Stowe closed the public hearing at 7:21 p.m. During the discussion, it was stated this is definitely a business axea. A motion was made by Mx. Modey, seconded by Ms. Weathexford, to xecommend the Boaxd of Supervisors xezone the pxoperty from R-1, Residential Suburban Subdivision District to B-2, Business Disuict, Genexal. Motion passed unanunously. This concludes the Rezoning cases. Case S-1 Stanley E Murp� & Viclde S Murphv 5-12-018 — Mr. Stowe opened the public hearing at 7:22 p.m. MT. Shelton, Dicector of Code Compliance, Teported that Stanley and Vickie Muxphy had petitioned fox a Special Use Pernut on 25 feet x 51 feet (1,275 square feet), part of 59.60 acres, located off State Road 665/Rockford School Road (at the end of Wintexhaven Txail), in the Staunton RiveT Election District for consuucrion of a 194 foot telecommunications towex, monopole design, with a five (5) foot lighming xod, with a 12 £eet x 20 feet (240 square feet) equipment sheltex, within a fenced 25 feet x 51 feet (1,275 squaze feet) compound for Verizon Wireless. Lori Schwellex, Attomey At Law with LeClaix Ryan, was present to Tepiesent the petidon. She stated the towex site is located on siYry (60) wooded acres, fax from any homes, and is accessed from Marina Drive. Thexe was no opposidon to the perition. Mx. Stowe closed the public hearing at 7:25 p.m. A morion was made by Ms. Haroille, seconded by Dr. Millex, to recommend the Boaxd of Zoning Appeals grant this Special Use Pemut. Motion passed unanimously. Case S-2,Jack Morgan Mason Life Tenant Exleen Elliott Mason Life Tenant Kevin Wayne Bennett, Life Tenant �oyce Mason Routon Remaindecman & Carolyn Mason Wyatt. Remainderman, S-12-019 — Mx. Stowe opened the public hearing at 7:26 p.m. Mr. Shelton, Directox of Code Compliance, xeported that Jack b7oxgan Mason, Life Tenant, and Others had peririoned fox a Special Use Permit on 3.10 acres, located on State Road 764/Azalea Drive, in the Staunton Rivex Elecrion Distsict fot placement of a single-wide mobile Planning Coimxussion Decembex 4, 2012 Page 4 home fox the gxandson's tesidence to caxe fox his eldeTly �andpaxents. Caxolyn Wyatt and Kevin Bennett were present to represent the pedrion. They stated they had nothing to add. There was no opposidon to the peririon. Mr. Stowe closed the public hearing at 7:27 p.m. A morion was made by Ms. Mease, seconded by Ivlr. Harville, to recommend the Boaxd of Zoning r�ppeals grant this Special Use Pezmit. Morion passed unanimously. This concludes the Special Use Permit cases. OLD BUSINESS There was no old business. NEW BUSINESS The Boaxd members agreed to review the information in the packet presented to them last month by 1�. Shelton xegaxding the grass oxclinance and to discuss this dwing a future meeting. The meeting was adjourned at appxoxixnately 730 p.m. Moms Stowe, ChaiiYnan Kathy H. Belton, Cleik