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01/05/2010 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING JANUARY 5, 2010 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, January 5, 2010, in the General District Courtroom, Chatham, Virginia. Mr. Shelton, Director of Code Compliance, called the meeting to order at approximately 7:00 p.m. Dr. Miller gave the invocation. Mr. Shelton called the roll. PRESENT Morris Stowe Tunstall District Richard Motley Chatham-Blairs District Janet Mease Callands-Gretna District Curtis Arthur Staunton River District David Weatherford Westover District Dr. Charles H. Miller, Jr. Banister District Fred Ingram Board of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Director of Planning ABSENT Larry Welborn Dan River District APPOINTMENT OF CHAIRMAN & VICE CHAIRMAN FOR THE YEAR 2010 – Upon motion of Mr. Arthur, seconded by Mr. Ingram and by unanimous vote Mr. Stowe was elected Chairman and Mr. Motley was elected Vice Chairman for the year 2010. HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A motion was made by Mr. Motley, seconded by Ms. Mease, and by a unanimous vote the December 1, 2009, 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 approximately 7:01 p.m. Case 1, Albert L. Payne & Sandra D. Payne, R-10-001. Mr. Stowe opened the public hearing at 7:01 p.m. Mr. Shelton, Director of Code Compliance, reported that Albert & Sandra Payne had petitioned to rezone 5.224 acres (per plat), located on State Road 750/Mount Cross Road, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General (to sell or lease the property for future commercial development – beauty shop and day spa). Dr. Payne was present to represent the petition. Dr. Payne stated he was renovating the home and the property was being rezoned for the type of business stated in the packet. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:03 p.m. During the discussion it was stated this area was mixed zoning and there was a business next door to the petitioned parcel. A motion was made by Mr. Motley, seconded by Ms. Mease, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to B-2, Business District, General. Motion carried by unanimous vote. Case 2, Andrew & Michael Mattox, R-10-002. Mr. Stowe opened the public hearing at 7:04 p.m. Mr. Shelton, Director of Code Compliance, reported that Andrew & Michael Mattox had petitioned to rezone .79 of an acre, located on State Road 665/Rockford School Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with the adjoining parcel already zoned A-1). Mr. Mattox was present to represent the petition. He stated he had nothing Planning Commission January 5, 2010 Page 2 to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:05 p.m. A motion was made by Mr. Arthur, seconded by Dr. Miller, that the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimous. . Case 3, Charles & Nancy Eanes, R-10-003. Mr. Stowe opened the public hearing at 7:06 p.m. Mr. Shelton, Director of Code Compliance, reported that Charles & Nancy Eanes had petitioned to rezone a total of 5.94 acres, three parcels, located on/off U. S. Highway 58/Martinsville Highway and State Road 878/Duncan Drive, in the Westover Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General (to sell for future commercial development). Mr. Shelton further stated Mr. & Mrs. Eanes had proffered that all deeds pertaining to the above referenced parcels would have a restriction prohibiting the use of Duncan Drive for ingress and egress to the property. Mr. Shelton stated should the Board decide to grant the rezoning, he would request that the Board member making the motion include the proffer. Mr. Burns was present to represent the petition. Mr. Burns stated Mr. Eanes had discussed the petition with the neighbors. He further stated this was a mixed use commercial area and that the best use of this property was commercial. Jerry Firebaugh presented a petition containing 61 names in opposition to the petition. He further stated issues related to traffic issues and safety. Bobby Bates spoke in opposition regarding safety issues also. David Ellis presented a map to the Board and discussed the dangerous intersection and also if anything was added it would become more dangerous. Anna Cook spoke in opposition and stated some issues regarding the dangerous intersection. Mr. Burns then offered a rebuttal and stated the character of the area is commercial and that VDOT had approved a Highway Entrance Permit for this property. Mr. Stowe closed the public hearing at 7:51 p.m. During the discussion, it was stated the traffic problem in this area was happening now and that VDOT had granted the Highway Entrance Permit. A motion was made by Mr. Weatherford, seconded by Ms. Mease, that the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to B-2, Business District, General. Motion passed by a 4 to 3 vote. Those voting for the motion were Mr. Weatherford, Ms. Mease, Mr. Motley and Mr. Stowe. Those voting against were Mr. Ingram, Dr. Miller and Mr. Arthur. This concludes the Rezoning Cases. Case Z-1, Michael Davis, Z-10-001. Mr. Stowe opened the public hearing at 7:56 p.m. Mr. Shelton, Director of Code Compliance, reported that Michael Davis had petitioned for a Sign Permit on .61 of an acre, located on Highway 41/Franklin Turnpike, in the Chatham-Blairs District (for an 8 x 4 (32 square feet) non-illuminated, two-faced, off-site advertisement sign). Mr. Davis was present to represent the petition. He stated he had nothing to add and that he just wanted to keep his sign. John Huffman, Jake Bray and Valerie Hoffman spoke in opposition to the sign. Mr. Davis then stated, in rebuttal, that he was going to paint the sign. Mr. Stowe closed the public hearing at approximately 8:03 p.m. A motion was made by Mr. Motley, seconded by Mr. Ingram, that the Board of Zoning Appeals grant this Sign Permit request stating that Mr. Davis will upgrade the sign. Motion passed unanimous. Case Z-2, Raffaele Guardascione, Z-10-002. Mr. Stowe opened the public hearing at 8:06 p.m. Mr. Shelton, Director of Code Compliance, reported that Raffaele Guardascione had petitioned for a Sign Permit on 1.50 acres, located on Highway 41/Franklin Turnpike, in the Chatham-Blairs District (for an 8 x 4 (32 square feet) non-illuminated, one-faced, off-site advertisement sign). Mr. Shelton further stated this sign was for Village Pizza which was across the road from the site. Mr. Guardascione was present to represent the petition. He stated this sign was for his business. There was no opposition to the petition. Mr. Stowe closed the public hearing at approximately 8:07 p.m. A motion was made by Mr. Motley, seconded by Mr. Weatherford, that the Board of Zoning Appeals grant this Sign Permit request. Motion passed unanimous. This concludes the Sign Cases. OLD BUSINESS Mr. Shelton stated the Annual Report was contained in the Board packet. Mr. Motley and Mr. Stowe complimented Mr. Shelton’s department on the good work they had done over the last year. Mr. Shelton discussed the letter regarding the inclement weather policy for the County. Mr. Sleeper stated the Board of Supervisors was requesting written procedures and that this policy may change. Mr. Shelton then discussed the January 5, 2010, memo from Mr. Sleeper regarding Proposed Amendment to Pittsylvania County Code; Chapter 35- Zoning; Supplementary Definitions. Definitions for Raceway, Private Recreational Facilities and Public Recreational Facilities were included. Mr. Shelton then discussed Raceway as a permitted use or a Special Use in the M-2, Industrial District, Heavy Industry section of the Ordinance. A motion was made by Mr. Motley, seconded by Mr. Arthur, to have a public hearing to delete Raceway as a permitted use under M-2, Industrial District, Heavy Industry and add Raceway to Sec. 35-403 SPECIAL USE PERMITS under M-2, Industrial District, Heavy Industry. Motion passed unanimous. Planning Commission January 5, 2010 Page 3 Mr. Sides then handed out a draft of the Comprehensive Plan for the Board’s review. Mr. Sides discussed some issues related to the draft of the plan. NEW BUSINESS There was no new business. The meeting was adjourned at approximately 8:35 p.m. _______________________ Morris Stowe, Chairman _______________________ Hannah R. Orgain, Clerk