Loading...
07/02/2013PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING July 2, 2013 MINUTES VIRGINIA: The Pittsylvania County Planning Cominission met on Tuesday, July 2, 2013, in the General District Courtroom, Chatham, Virginia. Mr. Stowe, Chairman, called the meeting to order at appro�xnately 7:00 p.m. Mr. Stowe called the roll. PRESENT Morris Stowe Tunstall District Richard Motley Chatham-Blairs District Janet Mease Callands-Grema District Dr. Charles H. Miller, Jx. Banister District Curtis Arthur Staunton River District Larry WelboYn Dan River District Jerry Hagerman Board of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Adininistrator Greg Sides Assistant County Adinu�istrator/Director of Planning ABSENT David Weatherfoxd Westovex District HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A morion was made by Mr. Modey, seconded by Mr. Arthur, and by unanimous vote the June 4, 2013, 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 approxixnately 7:03 p.m. Planning Coinmission J,�y z, zoi3 Page 2 Case 1, AnthonX Dawson Puccio, R-13-034 — Mx. Stowe opened the public heaYing at 7:03 p.m. Mr. Shelton, Director of Code Compliance, reported that Anthony Dawson Puccio had petitioned to rezone a total of 17.67 acres, six (6) paxcels of land, located on State Road 640/Spring Garden Road and State Road 825/Chesmut Level Lane, in the Dan River Election District from R-1, Residenrial Suburban Subdivision District to A-1, Agricultural District foY agricultural use - livestock. Anthony Puccio was pYesent to represent the petirion. He stated he had nothing to add. Mark Adams, Kathryn Watlington, Larr� Brumfield and Barbara Jarman spoke in opposirion to the petition. Their concerns included, but were not limited to, the following: smell, noise, desiYe to maintain the value of their propexties and a desire to keep their properries zoned R-1 for residential purposes only. Mr. Puccio offered a rebuttal and stated he only wanted a couple of catde to help keep the paYCels clean and maintain his pYOperties. Mr. Stowe closed the public hearing at 7:13 p.m. A motion was made by Mr. Welborn, seconded by Mx. Arthur, to recommend the Board of Supervisoxs deny this rezoning case. Motion passed unanunously. Case 2, William T. Willis�,Tr., R-13-035 — Mr. Stowe opened the public hearing at 7:14 p.m. Mr. Shelton, Director of Code Compliance, reported that William Willis had peritioned to rezone 0.785 acre, located on Highway 41 /FYanklin Turnpike, in the Tunstall Elecrion District from A-1, Agricultural District to M-2, Industrial District, Heavy Industry foY a distillery. Mr. Shelton also stated that a survey plat showing the proposed site and parking was located in the Board Packet for review. William Willis was present to repxesent the petition. He stated he had nothing to add. Nancy Lawson spoke in opposition to the petition. Her concerns included, but were not limited to, the following: Heavy traffic, lights, noise, a change in the traffic pattern and a reduction in the value of her property. Mr. Willis offered a rebuttal and stated there would be minimal traffic and this would be a low-impact type of business. Mr. Stowe closed the public hearing at 7:17 p.m. A motion was made by MY. Motley, seconded by Ms. Mease, to recommend the Board of Supervisors rezone the property from A-1, Agricultural District to M-2, Industrial District, Heavy Industry. Motion passed unanunously. Case 3, Mark Allen Martin, R-13-036 — Mr. Stowe opened the public hearing at 7:19 p.m. Mr. Shelton, Director of Code Compliance, reported that Mark Allen Martin had peritioned to rezone a total of 29.43 acres, two parcels of land, located off State Road 963/Mountain Lane, in the Dan River Elecrion District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to make the zoning consistent and to combine with the adjacent parcels of land zoned A-1. Mark Maxtin was present to represent the petition. He stated he had nothing to add. There was no opposition to the perition. Mr. Stowe closed the public hearing at 7:20 p.m. During the discussion, it was stated these parcels of land axe completely sutrounded by A-1, Agricultural District zoned properries. A motion was made by Mr. Welborn, seconded by Dr. Miller, to recommend the Board of Supervisors rezone the properties from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Morion passed unanimously. Case 4, Marcus Dane Martin & Nancv Louise Martin, R-13-037 — MY. Stowe opened the public hearing at 7:21 p.m. Mr. Shelton, Director of Code Compliance, reported that Marcus and Nancy Martin had peririoned to rezone a total of 16.61 acres, two parcels of land, located off State Road 963/Mountain Lane, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to make the zoning consistent and to combine with the adjacent parcels of land zoned A-1. Marcus Martin was present to represent the peririon. He stated he had nothing to add. There was no opposirion to the peririon. MY. Stowe closed the public hearing at 7:22 p.m. A morion was made by Mr. Welborn, seconded by Mx. Arthur, to recommend the Board of Supervisors rezone the propexties from R-1, Residential Subutban Subdivision District to A-1, AgricultuYal District. Morion passed unanimously. Planning Commission July 2, 2013 Page 3 Case 5, White I. Gatewood Estate, R-13-038 — Mr. Stowe opened the public hearing at 7:23 p.m. Mr. Shelton, Director of Code Compliance, reported that White I. Gatewood Estate had petitioned to rezone 8.89 acres, located on State Road 612/Union Hall School Road, in the Callands-Gretna Election District from R-1, Residential Subuzban Subdivision District to C-1, Conservarion District to make the zoning consistent and to combine with the adjacent parcel of land zoned G1. RobeYt Gatewood, Jr., was present to repxesent the petition. He stated he had nothing to add. There was no opposition to the peririon. Mx. Stowe closed the public hearing at 7:24 p.m. A morion was made by Ms. Mease, seconded by MY. Modey, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District to G1, Conservation District. Morion passed unanunously. Case 6, Charles F. Edwards Trust Dated 1/18/2011, Et Als, Nancy M. Edwards Trust Dated 1/18/2011, Et Als, Charles F. Edwards, Trustee, Et Als, Nancy M. Edwards, Trustee, Et Als, R-13-039 — Mr. Stowe opened the public hearing at 7:25 p.m. Mr. Shelton, Director of Code Compliance, reported that ChaYles and Nancy Edwards had petitioned to rezone 1.643 acre (part of 1.96 acre), located on U.S. Highway 41/Franklin Turnpike, in the Chatham-Blairs Election District from B-1, Business District, Lunited to RMF, Residential Mulri-Family District for a twelve (12) unit apartment building. Fred Shanks and Phyllis Marshall were present to represent the petirion. Mx. Shanks stated he had nothing to add. Following quesrions from a Board member, Mr. Shanks stated he did not understand why the sign was placed at the site and the next day it had been removed. He also stated a Storm Water Management Plan 2 would be used for this site, the small structure located behind the e�sting house would be demolished, and the existing house would be surveyed off as a separate parcel and would remain on the pxoperty. Mrs. MaYShall presented a color photograph and a site plan to the Board members showing the layout of the apartment unit. She stated ninety-five percent (95%) of the occupants of the apartment builcling would be adults siYty-two (62) years of age and oldex and the apartments are built on a concxete slab and have no crawl space, which eliininates the need for steps. She also stated each apartment would have two (2) bedrooms and one-and-one half (1 '/z) baths. Jean Worley, Elvin Worley, Allen Hollie, Barry Lewis, Michael Hogan, Jewell Hogan, Donald E. Adkins, Michael Crane, Wanda Hollie, Faye S. Brandon, Kitty Stone, Judy M. Adkins, Stephen Bass (representing Calvin and Zada Oakes), Keith Stone, Jodi Stone and Harold Jones spoke in opposition to the peririon. Their concexns included, but were not limited to, the following: Desire to keep their quiet, private, peaceful neighborhood, safety issues, setback issues, lights, noise, concerns that property values will be reduced, concerns regarding large amounts of wateY flowing into their backyards and sinkholes in theix backyards. Mr. Stephen Bass, Attorney at Law, stated he represented Calvin and Zada Oakes, whose xequest to rezone 5.33 acres from R-1 to B-2 was denied in 2012 and is waiting for the case to be heard in Circuit Court. He suggested this case be tabled for Circuit Court to handle. Mr. Shanks offered a rebuttal and stated the storm water does not drain well and the new plan will decrease the runoff more. He also stated the entrance could be moved to allow foY a silent green buffer to provide a shield for the neighbors, and regarding the setbacks, the driveway could be shifted more. In addirion, he stated the RMF zoning district would be less dense than a commercial zoning district. Mr. Stowe closed the public hearing at 8:07 p.m. During the discussion, it was stated there are many unanswered questions regarding this site and more informarion is needed. A motion was made by Mr. Modey, seconded by Mx. Arthur, to recommend the Board of Supervisors deny this rezone request. Motion passed unanimously. Case 7, Shaneaka F. Minter, R-13-040 — Mr. Stowe opened the public hearing at 8:14 p.m. Mr. Shelton, Director of Code Compliance, reported that Shaneaka Minter had petitioned to rezone 1.34 acre, located on State Road 718/Dry Fork Road, in the Chatham-Blairs Election District from R-1, Residenrial Suburban Subdivision District to A-1, Agricultural District for a Home Occupation, Class B— foreclosure business. Shaneaka Minter podson was present to xepresent the peririon. She stated she had nothing to add. Following questions from a Board member, the peririoner stated she had obtained a building permit (including electric service) in January, 2013, for the building to be used foY her business. She also stated heY business is conducted Planning Cominission July 2, 2013 Page 4 by electronic mail and telephone; therefore, there would be no traffic at the site. She also stated she had rented a site on Franklin Turnpike in the event she had to meet with her clients. Thexe was no opposirion to the peririon. Mr. Stowe closed the public hearing at 8.18 p.m. During the discussion, it was stated this is not spot zoning and there was no opposirion from the neighbors. A motion was made by Mr. Motley, seconded by Dr. Millex, to xecommend the Board of Supervisors xezone the property from R-1, Residenrial Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimously. Case 8, Jason Miller & Marianne Ruth Miller, R-13-041— Mr. Stowe opened the public hearing at 8:19 p.m. Mr. Shelton, Director of Code Compliance, reported that Jason and Marianne Miller had petitioned to rezone 5.08 acres, located on State Road 605/Walkexs Well Road, in the Callands-Gxetna Election District from C-1, Conservarion District to M-1, Industrial District, Light Industry fox construction of portable storage buildings. Jason Miller was present to represent the petirion. He stated he had nothing to add. There was no opposirion to the petition. Mr. Stowe closed the public hearing at 8:20 p.m. A motion was made by Ms. Mease, seconded by Mr. Motley, to recommend the Board of Supervisors rezone the property fYOm G1, Conservarion District to M-1, Industrial District, Light Industry. Motion passed unanimously. Case 9, James Green & Gwendolyn A. Green, R-13-042 — Mr. Stowe opened the public hearing at 8:21 p.m. Mr. Shelton, Director of Code Compliance, reported that James and Gwendolyn Green had petitioned to xezone 23.45 acres of land, located on State Road 703/Cross Stitch Road, in the Tunstall Elecrion District from R-1, Residential Subuxban Subdivision District to A-1, Agricultural District for agricultural use — a tree farm. Sidney Russell was present to represent the perition. He stated the trees had already been planted on the land. There was no opposirion to the petition. Mr. Stowe closed the public hearing at 8:22 p.m. During the discussion, it was stated this parcel of land is suYYOUnded by A-1, Agricultural District zoned pxoperties. A motion was made by Mx. Motley, seconded by Ms. Mease, to recommend the Board of Supervisors rezone the property from R-1, Residenrial Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimously. Case 10, Greg T. Haymore & Amy H. Haymore, R-13-043 — Mr. Stowe opened the public hearing at 8:23 p.m. Mr. Shelton, Director of Code Compliance, reported that Greg and Amy Haymoxe had peritioned to rezone 16.28 acres, located off State Road 1672/Sycamore Circle, in the Chatham-Blairs Election District fxom R-1, Residential Suburban Subdivision District to A-1, Agricultural District to combine with the adjacent parcel of land zoned A-1. Greg Haymore was pxesent to represent the perition. He stated he had nothing to add except he just wanted to build a house. There was no opposition to the petition. Mr. Stowe closed the public hearing at 8:24 p.m. During the discussion, it was stated this parcel of land is surrounded by A-1, Agricultural District zoned properries. A motion was made by MY. Motley, seconded by Ms. Mease, to recommend the Board of Supervisoxs xezone the property from R-1, Residenrial Suburban Subdivision District to A-1, Agricultural District. Morion passed unanimously. This concludes the Rezoning cases. Case S-1, Mecklenburg Electric Cooperative, S-13-008 — Mx. Stowe opened the public hearing at 8:25 p.m. Mr. Shelton, Director of Code Compliance, reported that Mecklenburg Electric Cooperarive had petirioned for a Special Use Permit on a total of 1.27acre (per plat), three (3) parcels of land, located on State Road 606/ Edmunds Road and State Road 640/Renan Road, in the Stanton Rivex Election District for a new electrical power substarion. Brian Woods with Mecklenburg Electric Cooperarive was present to represent the petirion. He stated he had nothing to add. There was no opposirion to the petition. Mr. Stowe closed the public hearing at 8:26 p.m. A morion was made by Mr. Arthur, seconded by Mr. Welborn, to recommend the Board of Zoning Appeals grant this Special Use Permit. Motion passed unanimously. Planning Commission July 2, 2013 Page 5 Case S-2, David Ray Miller & Ruthanne Miller, S-13-009 — Mr. Stowe opened the public hearing at 8:27 p.m. Mr. Shelton, Director of Code Compliance, reported that David and Ruthanne Miller had peritioned for a Special Use Permit on 20.56 acres (part of 42.45 acres), located on U.S. Highway 57/Callands Road, in the Banistex Election District for a geneYal store. David Miller was present to xepxesent the peririon. He stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 8:28 p.m. A motion was made by Dr. Miller, seconded by Mr. Arthur, to recommend the BoaYd of Zoning Appeals grant this Special Use Permit. Motion passed unanimously. This concludes the Special Use Permit cases. OLD BUSINESS Mr. Shelton gave each Board member a copy of the Sign Affidavit and pxoposed a change in the wording of the last sentence on the affidavit from defer to deny. The proposed change reads as follows: Should the property not be posted and the sign(s) maintained as required above, I understand the board may deny the case. All membeYS of the Board agreed this change in wording was a good idea. NEW BUSINESS There was no new business. The meeting was adjourned at approxixnately 8:35 p.m. Morris Stowe, Chairman Kathy H. Belton, Clerk