Loading...
02/04/2014PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING February 4, 2014 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, February 4, 2014, in the General District Courtroom, Chatham, Virginia. Mr. Stowe, Chairman, called the meeting to order at approxirnately 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 Jerry Hagerman Board 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. APPROVAL OF THE MINUTES A motion was made by Mr. Modey, seconded by Mr. Arthur, and by an 8 to 0 vote, the January 7, 2014, minutes were approved as presented. CHAIRMAN'S REPORT There was no Chairman's Report. Mr. Stowe welcomed students from the government class at Tunstall High School who were present at the meeting. THE ZONING PRECEPTS WERE READ by Mr. Stowe TO OPEN THE PUBLIC HEARING at approxirnately 7:02 p.m. Case 1, Hershel M. Stone & Lauren B. Stone, R-14-004 — Mr. Stowe opened the public hearing at 7:03 p.m. Mr. Shelton, Director of Code Compliance, reported that Hershel and Lauren Stone had petitioned to rezone 5.80 acres, located off State Road 835/Pleasant Gap Drive, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to combine with the adjacent parcel of land zoned A-1. Hershel Stone was present to represent the petition. He stated he had nothing to add except that the petitioned parcel is located off the highway, he wanted to have access to the parcel of land and he wanted to make the zoning consistent. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:05 p.m. A motion was made by Mr. Modey, 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. Planning Commission February 4, 2014 Page 2 Case 2, Boyd E. Motley & Carol B. MotleX, R-14-005 - Mr. Stowe opened the public hearing at 7:06 p.m. Mr. Shelton, Director of Code Compliance, reported that Boyd and Carol Modey had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 44.52 acres to A-1, Agricultural District and 72.48 acres, six parcels of land, from M-1, Industrial District, Light Industty to A-1, Agricultural District for agricultural use - farming. He also reported the parcels of land are located off U.S. Highway 29, in the Callands-Gretna Election District. Richard Armstrong, Jr., was present to represent the petirion. He stated he had nothing to add except that the parcels of land are in an agricultural area and the petitioners wanted to make the zoning consistent. Mr. Stowe closed the public hearing at 7:07 p.m. A motion was made by Ms. Mease, seconded by Mr. Modey, to recommend the Board of Supervisors rezone the properries from R-1, Residential Suburban Subdivision District and M-1, Industrial District, Light Industry to A-1, Agricultural District Morion passed unanimously. Case 3, Darren Clay Moore & Amy Hodnett Moore, R-14-006 - Mr. Stowe opened the public hearing at 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported that Darren and Amy Moore had petitioned to rezone 1.80 acre, located on State Road 360/Old Richmond Road, in the Dan River Elecrion District from R-1, Residenrial Suburban Subdivision District to A-1, Agricultural District to allow for placement of a second dwelling, a modular home, for their personal residence. Darren and Amy Moore were present to represent the petition. They stated they had nothing to add except the house located on their property is old and they wanted to purchase a new home for their personal residence. There was no opposirion to the petiuon. Mr. Motley closed the public hearing at 7:10 p.m. A morion was made by Mr. Welborn, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone the property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Morion passed unanimously. Case 4, Robert Clinton Nuckles,�Tt., R-14-007 - Mr. Stowe opened the public hearing at 7:11 p.m. Mr. Shelton, Director of Code Compliance, reported that Robert Nuckles, Jr., had petitioned to rezone 0.358 acre, located on State Road 729/Kentuck Road, in the Dan River Election District from RG1, Residential Combined Subdivision District to A-1, Agricultural District to make the zoning consistent with and to combine with the adjacent parcel of land zoned A-1. Robert Nuckles, Jr., was present to represent the petition. He stated he had nothing to add. Mr. Stowe closed the public hearing at 7:12 p.m. A morion was made by Mr. Welborn, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone the property from RG1, Residential Combined Subdivision District to A-1, Agricultural District. Motion passed unanimously. Case 5, Brosville Business Center, LLP, R-14-008 - Mr. Stowe opened the public hearing at 7:13 p.m. Mr. Shelton, Director of Code Compliance, reported that Brosville Business Center, LLP, had petitioned to rezone 1.40 acre, located on U.S. Highway 58/Martinsville Highway, in the Tunstall Election District from B-1, Business District, Lunited to B-2, Business District, General for future commercial development. David Long, Jr., was present to represent the perition. He stated he had nothing to add. There was no opposition to the petition. Mr. Modey closed the public hearing at 7:14 p.m. During the discussion, it was stated this is consistent with the Comprehensive Plan. A motion was made by Mr. Motley, seconded by Ms. Mease, to recommend the Board of Supervisars rezone the property from B-1, Business District, Limited to B-2, Business District, General. Motion passed unanimously. Case 6, Kenric D. Dews & Connie L. Dews, R-14-009 - Mr. Stowe opened the public hearing at 7:15 p.m. Mr. Shelton, Director of Code Compliance, reported that Kenric and Connie Dews had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 2.95 acres to A-1, Agricultural District and 1.31 acre, two parcels of land, from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to make the parcels one zoning designation and to make the zoning consistent with the surrounding parcels of land. He also reported the parcels of land are located on State Road 640/Wards Road, in the Staunton River Elecrion District. Kenric and Connie Dews were present to represent the petition. They stated they had nothing to add. There was no opposition to the petirion. Mr. Stowe closed the public hearing at 7:16 p.m. During the discussion, it was stated this is consistent with the Comprehensive Plan. A motion was made by Mr. Arthur, seconded by Mr. Welborn, to recommend the Board of Supervisors rezone the properties from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimously. Planning Coininission February 4, 2014 Page 3 Case 7. Garrett Trust Dated 05-09-07, Charles M. Garrett, Trustee, Irene E Garrett, Trustee R-14-010 — Mr. Stowe opened the public hearing at 7:17 p.m. Mr. Shelton, Director of Code Compliance, reported that Charles and Irene Garrett had petitioned to rezone a total of 50.94 acres, located on State Road 612/Banister Road, in the Callands-Gretna Election District from R-1, Residenrial Suburban Subdivision District to A-1, Agricultural District to make the zoning consistent and to combine the parcels of land. Charles Garrett was present to represent the petition. He stated he had nothing to add except this land was in his family, he wanted to get the property back into agricultural use, and the property is currendy being used as farmland. There was no opposirion to the petition. Mr. Stowe closed the public hearing at 7:18 p.m. A morion was made by Ms. Mease, seconded by Mr. Motley, 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 8, Smith Mountain Dock & Lodge LLC, R-14-011— Mr. Stowe opened the public hearing at 7:19 p.m. Mr. Shelton, Director of Code Compliance, reported that Smith Mountain Dock & Lodge, LLC, had petirioned to rezone a total of 8.82 acres, three parcels of land, located on State Road 626/Smith Mountain Road, in the Callands-Gretna Election District from RPD, Residenrial Planned Unit Development District to A-1, Agricultural District for a future campground. Dean Hawkins was present to represent the petition. He stated the petitioner wanted to rezone the parcels of land to allow for a campground. He also stated the parcels of land were once a mobile home park. Harold Arthur spoke in opposition to the perition. His concerns included, but were not limited to, the following: the risk of outdoor fires with campfires used at the campground; a campground would bring people into the area from Memorial Day to Labor Day, and this would put the people living in the area in peril; this campground would devalue the properties of the land owners in the area. Mr. Hawkins offered a rebuttal and stated only 8.82 acres was being rezoned, and the remainder of the land would still be zoned RPD. He also stated there was a potential for appro�mately 45-51 units with a central restroom, bath house and playground, as well as paved roads. He stated there would be some long-term residents and this would have little impact on schools, police and fire departments. NIr. Stowe closed the public hearing at 7:51 p.m. During the discussion, it was stated there were other mobile home parks in the area; however, none were successful and the ones already in the area are grandfathered. It was also stated there is only one farm on State Road 626, and if the petitioned parcels were rezoned to A-1, anything could be installed there. One of the Board members visited the area recently and was appalled by the condition of the properties and stated the citizens do not want the campground there. It was also stated the peritioner is having trouble with finances and the Board needs to know exactly what is going there; also, many people did not know about the perition for rezoning the properties and did not attend the meeting. A motion was made by Mr. Hagerman, seconded by Mr. Arthur, to recommend the case be tabled until more information regarding the case is received. Mr. Shelton then stated the Planning Commission needed to recommend the case be denied or continued; therefore, the motion needed to be changed to continued. A motion was then made by Mr. Hagerman, seconded by Mr. Arthur, to recommend the case be continued until more information regarding the case is received. Motion passed unanimously. Case 9, Jefferson L. Smith, R-14-012 — Mr. Stowe opened the public hearing at 8:03 p.m. Mr. Shelton, Director of Code Compliance, reported that Jefferson L. Smith had petitioned to rezone 39.16 acres, located on State Road 743/Orphanage Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General for a veterinary hospital and commercial kennel. Attorney Robert T. Vaughan, Jr., and Dr. Jeff Smith were present to represent the petition. Mr. Vaughan presented handouts to the Board members showing the site location, parking area and basic layout of the proposed Mt. Hermon Pet Resort. Following questions from the Board members, Dr. Smith stated the hours of operation for the hospital and kennel would be from 7:30 a.m. — 6:00 p.m., Monday through Friday; 7:30 a.m. — 12:00 p.m. on Saturday; closed on Sunday. Wayne Dishman and Lavada W. Dishman spoke in opposirion to the petition. Mr. Dishman presented a petition of residents of the adjoining Cross Creek Subdivision who are in opposition to the petition to the Board members for their review. Their concerns included, but were not limited to, the following: this would reduce the value of homes in the area; this is a quiet subdivision with no through streets and there were concerns regarding noise polluuon in the residential area from the barking dogs; this would be a great disturbance for the community. Eric Doering, architect for the proposed facility, stated this facility will be very impressive and will be for small animals only. Dr. Smith offered a rebuttal to the opposition and stated the facility will be located on a 39 acre parcel of land and at least 500 feet from the boundary line. He also stated the noise issue would not develop, and the dogs would be housed in a soundproof building at night. Dr. Smith stated this facility will be for small animals only, and there would be a separate clinic for cats so they would not have to hear the dogs. He also stated this would be a first class facility and would benefit the customers. Dr. Smith also stated he has been in the community for many years. Mr. Planning Coininission February 4, 2014 Page 4 Stowe closed the public hearing at 8.25 p.m. During the discussion, a show of hands from the individuals attending the meeting indicated there was a balanced group of those who favored and opposed the petition. It was also stated Dr. Smith has a good game plan, this is not a case of spot zoning and there are B-2, B-1, and RMF zoned properties in the surrounding area. A motion was made by Mr. Weatherford, seconded by Mr. Modey, 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. This concludes the Rezoning cases. Case S-1, David Rav Miller & Ruthann Miller, S-14-002 — Mr. Motley opened the public hearing at 8:29 p.m. Mr. Shelton, Director of Code Compliance, reported that David and Ruthann Miller had petitioned for a Special Use Permit on 3.90 acres, located on U.S. Highway 57/Callands Road, in the Callands-Gretna Election District for a general store. David Miller was present to represent the petition. There was no opposition to the petition. Mr. Stowe closed the public hearing at 8:30 p.m. A motion was made by Ms. Mease, seconded by Mx. Weatherford, to recommend the Board of Zoning Appeals grant this Special Use Permit request. Motion passed unanimously. This concludes the Special Use Permit case. Public Hearing — Amendment to the Pittsylvania County Zoning Ordinance as Advertised to amend the Pittsvlvania County Zoning Ordinance, Chapter 35, for the addition of Adult Uses under Industrial District (M-1) Light Industrv, Sec. 35-384, Special Use Permits. Mr. Stowe, Chairman, called the public hearing to order at 8:31 p.m. Mr. Shelton, Director of Code Compliance, reported the Pittsylvania County Board of Supervisors, at their adjourned meering held on December 17, 2013, voted unanunously to refer the proposed amendment back to the Planning Commission for their review with the following revisions: XX-XX. ADULT USES. Section XX-XX-3. Kequirement.r and Standard,r. The original proposed amendment reads as follows: A. No Adult use shall be permitted: 1. Within two (2) miles of any other e�sting Adult Use; and 2. Within one-thousand (1,000) feet of any existing residential use or residentially zoned district. .. The revised proposed amendment reads as follows: A. No Adult Use shall be permitted: 1. Within three (3) miles of any other e�sting Adult Use; and 2. Within two thousand five hundred (2,500) feet of any e�sting residential use or residentially zoned district. . . Lawrence Moss, Susan Elzey and Tammy S. Setliff spoke in favor of the proposed revisions to the Pittsylvania County ordinance. Their concerns included, but were not limited to, the following: adult uses should be kept as far away as possible from churches, day care centers, etc.; desire to keep Pittsylvania County clean; a desire to have a stricter ordinance; a desire to make the restrictions tough. A motion was made by Dr. Miller, seconded by Mr. Weatherford, that amendment of the Pitts�lvania County Zoning Ordinance. Cha�tex 35, for the addirion of Adult Uses under Industrial District �NI-1L�ht Industry, Sec 35- 384, S�ecial Use Permits. be approved as written with the proposed revisions. Planning Coininission February 4, 2014 Page 5 OLD BUSINESS 2013 Annual Report — The members reviewed the 2013 Annual Report and the Chairinan and Vice Chairman thanked Mr. Shelton and his staff for their hard work. NEW BUSINESS There was no new business. The meeting was adjourned at appro�mately 8:39 p.m. Morris Stowe, Chairman Kathy H. Belton, Clerk