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BZA 06 07 2021 BOARD OF ZONING APPEALS REGULAR MEETING Monday, June 7, 2021 – 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA I. CALL TO ORDER II. ROLL CALL III. HEARING OF CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES 1. Minutes VI. CHAIRMAN'S REPORT VII. PUBLIC HEARING Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Board of Zoning Appeals have been empowered to hear and decide specific applications and appeals in support of said ordinance. In accomplishing this important task we are charged with promoting the health, safety, and general welfare of the citizens of Regular Meeting - June 7, 2021 Pittsylvania County. We must insure that all our decisions and recommendations be directed to these goals and that each be consistent with the environment, the comprehensive plan and in the best interest of Pittsylvania County, its citizens and its posterity. Anyone here to speak to the board, other than the applicant, regarding zoning cases will be limited to (3) three minutes. 1. Case S-21-004 The Mill House at Motleys Mill, LLC; Special Use Permit for a Recreational Use, Event Venue VIII. OLD BUSINESS IX. NEW BUSINESS X. ADJOURNMENT Board of Zoning Appeals STAFF SUMMARY Case: Minutes from May 10, 2021 District: Zoning Request: Agenda Date: June 07, 2021 Meeting History: May 10, 2021 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting May 10, 2021 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on May 10, 2021 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman R. Allan Easley, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived R. Allan Easley Chairman Present 6:34 PM Ronald E. Merricks Vice-Chairman Present 6:34 PM Ryland Brumfield Board Member Present 6:35 PM Joseph A. Craddock Board Member Present 6:33 PM Ann Deering Board Member Present 6:35 PM Hershel Stone Board Member Present 6:35 PM Carroll Yeaman Board Member Present 6:33 PM HEARING OF CITIZENS No citizens came forward to speak. APPROVAL OF AGENDA Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Carroll Yeaman, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman APPROVAL OF MINUTES 1. Minutes March 8, 2021 5.1 Packet Pg. 3 Upon motion of Mrs. Deering, seconded by Mr. Yeaman, and by a unanimous vote, the March 8, 2021 minutes were approved. RESULT: APPROVED [UNANIMOUS] MOVER: Ann Deering, Board Member SECONDER: Carroll Yeaman, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman CHAIRMAN'S REPORT There was no Chairman's report. May 10, 2021 Board of Zoning Appeals May 10, 2021 Regular Meeting PUBLIC HEARING 1. Case S-21-002 IPS Solar, LLC; Special Use Permit for a Utility Scale Solar Energy Facility. The Zoning Precepts were ready by Mr. Easley to open the public hearing at approximately 7:02 p.m. Mrs. Ragsdale, Director of Community Development, reported that IPS Solar, LLC petitioned for a Special Use Permit for a utility scale solar energy facility. The property is one parcel of land that is 62 acres, located off Highway 40/East Gretna Road in the Callands-Gretna Election District and shown on the Pittsylvania County Tax Map as GPIN # 2530-46-8059. Scott Aaronson was in attendance for IPS Solar, LLC, to answer any questions regarding the Project. Mr. Brumfield stated that several adjacent property owners have contacted him with concerns about visibility of the entrance. Mr. Aaronson stated that IPS Solar, LLC, will be using the existing driveway with the gate for the entrance, this seemed to resolve any concerns that Mr. Brumfield addressed. The Public Hearing closed at 7:13 p.m. The Board discussed the petition as the Committee of the Whole. Mr. Easley read the seventeen (17) conditions recommended by staff. Upon motion of Mr. Merricks, seconded by Mr. Brumfield the following motion was adopted: Whereas, IPS Solar, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a utility-scale solar energy facility and, Whereas, we move the petition for a Special Use Permit be granted with the seventeen (17) conditions recommended by staff. Motion passed by a unanimous vote, 7 ayes, 0 nays. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Ryland Brumfield, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman OLD BUSINESS There was no old business. NEW BUSINESS 5.1 Packet Pg. 4 Mrs. Ragsdale stated that there will be one case heard by the Board in June. Case S-21-004 for The Mill House at Motley's Mill is on the agenda. ADJOURNMENT The meeting was adjourned at approximately 7:26 p.m. 5.1 Packet Pg. 5 Board of Zoning Appeals STAFF SUMMARY Case: Case S-21-004 The Mill House at Motleys Mill, LLC District: Chatham-Blairs Election District Zoning Request: SUP Agenda Date: June 07, 2021 Meeting History: SUBJECT Requested by The Mill House at Motleys Mill, LLC, for a Special Use Permit for a Recreational Use (Event Venue). The property is 14.70 acres, located on State Road 649/Motleys Mill Road in the Chatham-Blairs Election District and shown on the Tap Map as GPIN # 2445-59-2174. BACKGROUND/DISCUSSION The Mill House at Motleys Mill, LLC is requesting a Special Use Permit to operate an Event Venue on the subject property. A dwelling was constructed on the property in 2017 and a permit for the construction of a pavilion was issued. In 2021, The Building Official determined that the applicants would need to renew their permit due inactivity. It was then determined that the work that had been done on the property expanded beyond the original permit. Due to modifications made to the initial design of the building, the applicants were notified that a new building permit would be required. Before this could be issued, a Special Use Permit would need to be granted. The subject property is zoned A-1, Agricultural District. According to Pittsylvania County Code § 35-179, Recreational Uses require a Special Use Permit. At this time, all construction that has been done has been inspected by the Pittsylvania County Building Inspections Office and has been approved. If a Special Use Permit is granted, additional inspections will be needed before a Certificate of Occupancy can be issued. The majority of this property is located within the 100-year flood plain. The current construction is outside of the flood plain; however, any future construction activities will need to comply with the Pittsylvania County Floodplain Ordnance. RELATIONSHIP TO THE SURROUNDING LAND USE AND NEIGHBORING AREAS Mostly surrounded by residential uses. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, RC-1, Residential Combined Subdivision District, R-1, Residential Suburban Subdivision District, and C-1, Conservation District zoned properties. 7.1 Packet Pg. 6 SITE DEVELOPMENT PLAN A site plan is enclosed in the board packet. RECOMMENDATION Staff recommends APPROVAL of the request with the following conditions: 1. Any outdoor events or outdoor music must end by 10:00 p.m. Monday-Thursday and by midnight (12:00 a.m.) Friday-Sunday. 2. Must remain in compliance with the Pittsylvania County Noise Ordinance. 3. Any future construction activities must comply with flood plain regulations. 4. Must remain in compliance with all applicable Virginia Department of Health regulations. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-004 as submitted. 2. Recommend approval of Case S-21-004 subject to conditions by staff. 3. Recommend approval of Case S-21-004 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-21-004 as submitted. ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners I. Site Plan PLANNING COMMISSION RECOMMENDATION: On May 4, 2021, the Planning Commission recommended by a 8 to 0 vote, with no opposition, that the petitioner’s request be granted subject to conditions by staff. 7.1 Packet Pg. 7 7.1.a Packet Pg. 8 Attachment: S-21-004 The Mill House App (2582 : Case S-21-004 The Mill House at Motleys Mill, LLC) 7.1.a Packet Pg. 9 Attachment: S-21-004 The Mill House App (2582 : Case S-21-004 The Mill House at Motleys Mill, LLC) 7.1.a Packet Pg. 10 Attachment: S-21-004 The Mill House App (2582 : Case S-21-004 The Mill House at Motleys Mill, LLC) 7.1.a Packet Pg. 11 Attachment: S-21-004 The Mill House App (2582 : Case S-21-004 The Mill House at Motleys Mill, LLC) 7.1.a Packet Pg. 12 Attachment: S-21-004 The Mill House App (2582 : Case S-21-004 The Mill House at Motleys Mill, LLC) 7.1.a Packet Pg. 13 Attachment: S-21-004 The Mill House App (2582 : Case S-21-004 The Mill House at Motleys Mill, LLC) 7.1.b Packet Pg. 14 Attachment: S-21-004 The Mill House Map (2582 : Case S-21-004 The Mill House at Motleys Mill, LLC)