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04/02/2013PITTSYLVANIA COUNTY PI.ANNING COMMISSION REGULAR MEETING April 2, 2013 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on I'uesday�, Apxil 2, 2013, in the General District Courtroom, Chatham, Vixguua. Mr. Stowe, Cha�man, called the meeting co oxdex at appeozcimately 7:00 p.m. b4x. Stowe called the roll. PRESENT Morris Stowe Richaxd Modey Janet Mease Dr. Charles H. Millex, Jr. Cuxtis Arthur David Weatherfoxd Laxiy Welboxn Tunstall Distxict Chatham-Blaixs District Callands-Utema Disttict Banister District Staunton River District Wcstover District Dan River Distnct (Axrived at 7:02 p.m.) Jerry� Hagerman BoaTd of SupeTVisors Repxesentative Odie H. Shelton, Jx. Dixector of Code Compliance/Zoning 1ldininisteatox Gxeg Sides Assistant County Administxatox/DixectoT of Planning HEARING OF THE CITIZENS No citizens came forwaxd to speak. APPROVAL OF THE MINUTES A motion was made by� N�. bfotley, secondcd by Mr. Axthur, and b�� unanimous vote the blaxch 5, 2013, minutes wexe appxoved as presented. CHAIRMAN'S REPORT There was no Chairman's Repart. THE ZONING PRECEPTS WERE READ b}� Mt. Stowe TO OPEN THE PUBLIC HEARING at approximately 7:02 p.m. Planning Commission April 2, 2013 Page 2 Case 1, Midland IRA, Inc.. R-Li-017 — Mr. Stowe opened the public hearing at 7:02 p.m. Mr. Shelton, Duectox of Code Compliance, xepoxted that �4idland IIU1, Inc., had peutioned to xe�one the R-1, Residenrial SubuTban Subdicision Distxict poxdon of 96.01 acres (appxoximatelp 10.00 acres), locatcd off State Road 665/Rockfoxd School Road, in the Staunton River Elecaon District to A-1, AgricultuTal District to make the paxcel one zoning designarion. Lynwood Dellis was pxesent to xepxesent thc peution. He stated thc pxopertv �vas in land use and he wanted to xezone to make the entire paxcel r1-1, Agricultuxal District Ray Axchex spoke in favox of the petition. He stated the propern� has lots of timberland and should be zoned A-1. Attorney Glenn Pulley, who xepxesented Doug Dalton of :�SMB Properries, LLC, spoke in opposition to the petition. He stated the access issue is a disputed issue, especially access to the pxopexty fcom Music Steeet He also stated there is no legal access to the 19.50 acre parcel owned b� Mx. Dellis' wife, Kisa, and that a 2005 deed cxeated a 50-foot xight-of-way to the bardex of the 19.50 acze teact but not into the tsact of land. Mz. Dellis offexed a rebuttal and stated that priox to closing on the two pxopexdes, Midland IRA, Inc., was granted a deeded access fxom Rockford School Road across the i�lidland IKi1, Inc., properry to the 19.50 acre tract of land and a deeded access was granted from Music Street to the 19.50 acTe paxcel of land. He also stated he just wanted to xezone to make both paxcels A-1. Mr. Stowe closed the public heaxing at 7:1 S p.m. A moaon was made by Mx. AxthuY, seconded by Mr. Welborn, to recommend the case Ue continued until all the facts xegarciing this casc are stxaightened out. Motion passed unanimousl��. Case 2, Kisa H. Dellis, R-13-018 — b4x. Stowe opened the puUlic hearing at 7:17 p.m. bix. Shelton, Directar of Code Compliance, repormd rhat Kisa Dellis had peddoned to rezone 19.50 acxes, located off State Road GGS/Rockfoxd School Road, in the Staunton Kivcr Election District from R-1, Residenual Subucban Subdivision llistrict to A-1, Agricult�al Disttict to make the zoning consistent with the adjacent paxcels of land zoned A-1. Lynwood Dellis was present to repxesent the petition. He stated that pxior to closing on the puxchase of this paxcel of land, he was deeded access to this pxopeTry from Music Stteet. He also stated he had staxted construcaon of a caUin on this pareel and he wanted the zoning to be consistent with the adjacent parcels of land. Ray Archex spoke in favos of the periuon. He stated a deeded easement was gxanted to the previous ownex of Yhe propexty and thexeby was conveyed to Mxs. Dellis upon purchase of the pxopexty. Attomey Glenn Pulley spoke in opposition to the pention. He stated the pxevious owner of the pxoperty had no right to convey the easement to Mxs. Dellis. He then urged the Planning Commission to considex the same action taken with the previous xezoning case (Casel, l�lidland IRA, Inc.). Mr. Stowe closed the public hearing at 729 p.m. A modon was made by �4e. Arthur, seconded by Mr. Welboxn, to recommend the case be continued until all the facts regarding this case axe straightened out. Motion passed unanimously. Case 3, Boyd E. Motley & Catol B. Motley. R-13-019 — b4r. Stowe opened the public hearing at 7:32 p.m. Mr. Shelton, Ditectox of Code Compliance, xeported that Boyd and Caxol Motley had peddoned to xezone 79.81 acres, located on State Road 802/Hodnetts Mill Road, in the Banister �lection District from b4-1, Industrial Disrrict, Light Industxy to A-1, Agricultuxal Distcict fox agxicultural use (farming). Jeff Davis was present to xepresent the petirion. He stated he was woxking on the peritioned paxcel fox futuxe sale and the pxospective buyex wanted the parcel to be xezoned. He also stated the property is close to the Agxicultuxal Centex and is in agxicultural use. There was no opposidon to the peririon. Mr. Stowe closed the public hearing at 734 p.m. A motion was madc by Dr. b7illex, seconded by b1x. b4odey, to xecommend the Board of SupervisoTS xezone the propexty from M-1, Industrial District, Light Industiy to A-1, Agricultuxal Disteict. Motion passed unanunously. Case 4, Diane B. Harpet R-13-020 —1�4x. Stowc opened the public hearing at 735 p.m. D4x. Shelton, Dicector of Code Compliance, reported chat Diane Haxpex had peritioned to rezone 4.84 acxes, located on U.S. Highway 41 /PTanklin Turnpike, in the Chatham-Bla�s Election District from R-1, Residential Subuxban Subdivision District to A-1, ilgricultuxal District to combine with the adjacent paxcel of land zoned A-1. Ramsej� Yeatts was pTesent to xepresent thc perition. He stated he had nodung to add. There was no opposition to the pedrion. Planning Cotm�iission April 2, 2013 Pagc 3 Mr. Stowe closed the public hearing at 7:36 p.m. During the discussion, it was stated this parcel is surrounded by agricultuxal properues. A morion was made by 1�1r. Motley, seconded by Ms. Mease, to recommend the Boaxd of Supenisars xezone the pxoperty from R-7, Kesidential Subuxban Subdivision District to A-1, tlgxiculmxal Distsict. Morion passed unanimously. Case 5, David Ray Miller & Ruthanne Millec, R-13-021— Mr. Stowe opened the puUlic hearing at 737 p.m. Mr. Shelton, Dircctor of Code Compliance, xepoxted that David and Ruthanne Miller had petiuoned to rezone 20.56 acres, located on U.S. Highway 57/Callands Road, in the Banister Election District from RC-1, Residential Combined Subdivision District to A-1, Agxicultural llistrict foc agzicultuxal use (faxming�. Mollie Holmes was present to repxcsent rhe peution. She stated she had nothing to add. I.arry Thompson spoke before the Board and stated the petiuoned paxcel was located across the highway from his home, and he wanted to know what type of fartning the peritiouexs weze planning to dq ox if they wexe planning to xaise livestock. Ms. Holmes xesponded to his concexn and stated the petiuoners are a family with young childxen and they live on the land. Shc also stated they plan to have a small livestock operation and she felt it would be well managed. '17iere was no opposirion to the perition. 1�1x. Stowe closed the puUlic heaxing at 7:41 p.m. A motion was made by Dr. Miller, seconded b� Mr. Axthux, to recommend the I3oard of Supervisors rezone the pxoperh� from RGl, Residential Combined Subdivision Distxict to A-1, Agricultural District Modon passed unanimously. Case 6, Boswell Pcoperties. Inc. (formecly Wilkinson & Associates. Inc.), R-13-022 — b1x. Stowe opened the public hearing ac 7:42 p.m. 1�1x. Shelton, Director of Code Compliance, repoxted that Boswell Pxopezties, Ina (foxmeTly Wilkinson & Associares, Inc.), had peddoned to rezone a total of 101.344 acxes (peT plat), located on State Road 802/Hodnetts Mill Road, in the Banistex Election District from M-1, Industrial District, Light Indusuy to r�-1, Agricultural Disrsia for a�icultuxal use (faxmin�. Ronald Thompson and Jeff Davis were pxesent to cepresent the pedrion. Mx. Davis stared he was handling the peritioned paxcels for future sale and the paxcels confoxm ro agriculmTal use. There was no opposirion to the pearion. Mr. Stowe closed the public heaxing at 7:43 p.m. ,� motion was made by Dr. btillex, seconded by Mx. Welborn, to recommend the f�oard of Superoisoxs Tezone the pxopexty fxom M-1, Industrial District, Light Indust� to A-1, Agxicultuxal District. Motion passed unanitnously_ This concludes the Rezoning cases. Case S-1,JEL. Ine., 5-73-005 — I�1r. Stowe opened the public hearing at 7:44 p.m. 1�Sx. Shelton, Director of Code Compliance, xepoxted that JL,L, Inc., had petitioned Eox a Special Use Permit on 334.874 acres (per plat), located on State Road 686/Elkhoxn Road, in the Banister rlecrion Distxict fox expansion of the existing campground located on the propexty. Thomas BTOOks with Acres of Vixguua, Inc., was pxesent to represent the pedtion. He stated he had nothing to add. He then added the expansion is expected to begin as soon as possible, and this expansion will attxact the touxism maTket. Thexe was no opposirion to the petition. Mx. Stowe closed tha public heaTing at 7:47 p.m. A modon was made by Dx. Millex, seconded by Mx. Modey, to recommend the Boaxd of 'Loning �ppeals gcant this Special Use Permit. Motion passed unanimously. Case S-2. Mark C. Osborne, S-13-00G — D4x. Stowc opened the public hearing at 7:48 p.m. Mx. Shclton, Director of Code Compliance, reparted that Maxk Osboxne had peudoned fox a Special IIse Permit on 0.70 acre, located off State Road 634/Blue Ridge Drive, in the Callands-Gxema Election District for placement of a single- wide mobile home for his personal xesidence. Lisa Osborne was pxesent to xepresent che pctirion. She stated she and her husband lost their home to a fixe and thcy would like to place the single-wide homc on their pxopexty. '1'hexe �vas no opposirion to the petiuon. Mx. Stowe dosed the public hearing at 7:49 p.m. During the discussion, it �vas stated there was no opposirion to this peution and this is a beaunful site. A motion was made Planning Cominission April 2, 2013 Page 4 by Ms. b4ease, seconded b}� Dr. Millex, to xecommend the Board of Zoning l�ppeals grant this Special L'se Pcrnut. Morion passed unanimously. Case S-3. AMC Investots, Inc., S-13-007 — Mr. Stowe opened the public heaxing at 7:50 p.m. i�ir. Shelton, Directox of Code Compliance, repoxted that AMC Investors, Inc., had petitioned fox a Special Use Permit on 2,700 square feet, part of 2.01 acxes, located off State Road 790/Brushv Mountain Road, in the Callands-Gretna Elecrion Distsict fox the addition of a microwave dish at a centexline height of 118 feet on the e�sting 180 foot guyed towex, within a fenced 45 feet x 60 feet (2,700 squaxe feet) compound where Verizon Wireless is cucxendy co-located. Lori Schwellex, Attorney At Law, was pxesent to represent the petition. She stated the tower is owned by Verizon Wueless and a Special Use Pexmit was Tequested to place a microwave dish at the 118 foot point of a 780 foot tower. There was no opposirion to the pedaon. Mx. Stowe closed the public heaxing at 7:52 p.m. Duxing the discussion, it was stated thexe was no opposition ro this periuon. A motion was made by b4s. Mease, seconded by l�Sx. Motley, to xecommend the Boaxd of Zoning Appeals gxant this Special Use Permit. 1�fotion passed unanimouslp. This concludes the Special Use Permit cases. OLD BUSINESS Thexe was no old business. NEW BUSINESS "Phere was no new business. 11ie meeting was adjo�ned at appxoximately 7:53 p.m. Moxxis Stowe, Chairman Kathy H. Belton, Clexk