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02/24/2014PITTSYLVANIA COUNTY BOARD OF SUPERVISORS JOINT SETBACK STUDY SUBCOMMITTEE FEBRUARY 24, 2014 MINUTES VIRGINIA: The Pittsylvania County Board of Supervisors Joint Setback Study Subcommittee met on Monday, February 24, 2014, in the JTI Classroom located in the Olde Dominion Agricultural Complex, Chatham, Virginia. Mr. Richard Modey, Chairman, called the meeting to order at approxirriately 1:00 p.m. Mr. Motley called the roll. PRESENT Elton W. Blackstock Pittsylvania County Board of Supervisors Coy E. Harville Pittsylvania County Board of Supervisors Richard Modey Pittsylvania County Planning Commission Curris Arthur Pittsylvania County Planning Commission George Winn Agricultural Development Board Roger Jefferson Agricultural Development Board Robert Anderson Real Estate/Community Development Timothy Clark Real Estate/Community Development Greg Sides Assistant County Administrator/Director of Planning & Development Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Fred Wydner Director of Agriculture Development APPROVAL OF AGENDA Mr. Harville made a request to add the Pittsylvania County Ag Fact Sheet to the agenda for discussion, revisions or updates. Mr. Jefferson then made a request to add Scott Shallenberger with the Forestry Division to the agenda to speak at the meeting. By a unanimous vote, the agenda was approved with the above-referenced additions. CHAIRMAN'S REPORT Mr. Modey recognized and welcomed Mr. Harville and Mr. Blackstock, Subcommittee Members and Pittsylvania County Board of Supervisors members and Mr. Barksdale, Chairman of the Pittsylvania County Board of Supervisors. APPROVAL OF THE MINUTES A motion was made by Mr. Harville, seconded by Mr. Blackstock, and by a unanimous vote, the minutes of the January 27, 2014, meeting were approved with the following correction: Page 2, first paragraph, first sentence, which reads as follows: A motion was made by Mr. Motlev to allow Mr. Jay E. Calhoun, Jr., to sit in for Mr. Roger Jefferson in his absence with no voting rights. This sentence should be corrected to read as follows: A motion was Joint Setback Study Subcoininittee February 24, 2014 Page 2 made by Mr. Harville to allow Mr. Jay E. Calhoun, Jr., to sit in for Mr. Roger Jefferson in his absence with no voting rights. QUESTIONS SUBMITTED FROM PUBLIC IN WRITING Mr. Sides collected written quesrions from the audience and stated these questions would be forwarded to the Board members and would be answered at the next meeting. Several members of the audience had previously sent Mr. Sides questions by e-mail and requested that all questions submitted be available for public viewing. Mr. Sides stated copies of all quesrions would be available on the Pittsylvania County website for public view. A motion was made by Mr. Winn, seconded by Mr. Jefferson, that all quesrions received are to be reviewed by Mr. Sides. Any questions subject to State Code are to be forwarded to the appropriate parties to respond. Any questions regulated by Pittsylvania Counry are to be forwarded to the Agricultural Development Board. Motion passed unanimously. PRESENTATION - NELSON DAIL & GARY WRIGHT (DEQ) & SCOTT SHALLENBERGER Nelson Dail and Gary Wright, representatives from the Virginia Department of Environmental Quality (DE� Lynchburg office, stated the DEQ has rules regarding how close farmers can apply animal waste and biosolids from property lines, dwellings and wells. Under state law, animal waste and biosolids must be kept at least 200 feet from occupied dwellings, 100 feet from a well and 100 feet from property lines. The setbacks can be waived by the homeowner for dwellings and property lines. There is no variance for a well. Scott Shallenberger with the Forestry Division stated he has been a forester for 29 years and works in Pittsylvania County. He briefly discussed setback issues, right-of-way issues, access into properties and visual buffers. He stated a buffer is not required by law. He further stated that setbacks need to be reviewed. Ken Vipperman with the Virginia Departrnent of Health was unable to attend the meeting. DISCUSSION OF REQUIRED SETBACKS TO PROPERTY LINES ON NEW LOTS ADJACENT TO AGRICULTURAL ZONED PROPERTIES Mr. Sides presented a handout to the Board members which included information on A-1, Agricultural District and R-1, Residential Suburban Subdivision District setbacks, as well as minimum lot size (area and width) for R-1 zoned properries. He also presented a potential addition to the Pittsylvania County Zoning Ordinance as submitted by the Agricultural Development Board which reads as follows: Joint Setback Study Subcoininittee February 24, 2014 Page 3 SEC. 35-67 AGRICULTURAL SETBACKS In all Zoning Districts, when a parcel of land borders, or shares a common property line with, property which is designated as A-1, Agricultural District, the setback distance from the property line shared in common with the A-1 designated property shall be as follows: 1. 200 feet from the property line to an occupied dwelling 2. 100 feet from the property line to a water supply well or spring In all cases where a parcel does not share a common property line with a parcel designated as A-1, Agricultural District, the front, side and rear setback requirements shall be as specified in the applicable zoning district regulations. This proposal to restrict property owners adjacent to A-1, Agricultural District zoned properties was met with disapproval from several of the Subcommittee members. One of the Board members stated that small lot sizes within the Agricultural District are causing problems, and some parcels of land have been subdivided into lots as small as the legal minimum size of 0.44 acre; in addition, some of the lots have a width of 25 feet, which would not allow the property owner to build anything that would meet setback requirements if their neighbors are farmers. The Committee plans to look at increasing the minimum lot size in A-1, Agricultural District, and possibly creating a separate Agricultural-Residential Zoning Designation. Mr. Modey asked Mr. Sides if the IT Department could prepare a sample layout of a lot with setbacks, showing minimum setbacks to a well, dwelling, etc., on a 100 x 200 foot lot and show where the dwelling, well, and drain field would fit. Mr. Sides stated he would contact the IT Department regarding this request. Next month's meeting was scheduled for Monday, March 17, 2014, at 2:00 p.m. in the JTI Classroom in the Old Dominion Agricultural Center. Prior to adjournment of the meeting, a motion was made by Mr. Winn, seconded by Mr. Jefferson, and by a unanimous vote, to have one of the attorneys on the Agricultural Board speak at the March meeting and to place this item on the March agenda. Mr. Shelton made a request to the Comnuttee for guidelines as to how soon the members would like to receive copies of the agenda and minutes prior to the meetings following approval by NLr. Sides and meeting the requirements of the Code of Virginia. Mr. Blackstock made a request for Mr. Sides and Mr. Wydner to develop a handout to be presented to the Board members at the March meeting separating the requirements for biosolids and animal waste, as the regulations are different. Joint Setback Study Subcornmittee February 24, 2014 Page 4 ADJOURNMENT The meeting was adjourned at appro�mately 2:15 p.m. Richard G. Modey, Chairman Kathy H. Belton, Clerk