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BZA Packet 02 07 2022 BOARD OF ZONING APPEALS REGULAR MEETING Monday, February 7, 2022 – 6:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA I. CALL TO ORDER II. ROLL CALL III. MOMENT OF SILENCE IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES 1. BZA Minutes 01/10/2022 VI. OLD BUSINESS 1. Resolution to correct SUP S-21-012 Axton Solar, LLC 1. Resolution to correct Axton Solar S-21-012 VII. NEW BUSINESS VIII. CHAIRMAN'S REPORT IX. PUBLIC HEARING Regular Meeting - February 7, 2022 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 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. Public Hearing: Case S-22-001; Cascade Holdings, LLC; Special Use Permit for Recreational Uses (Rental Cabins and Event Venue) and a Restaurant 2. Public Hearing: Case S-22-002; Michael and Wanda Roberts; Special Use Permit for a Singlewide Mobile Home X. ADJOURNMENT Board of Zoning Appeals STAFF SUMMARY Case: BZA Minutes 01/10/2022 District: Zoning Request: Agenda Date: February 07, 2022 Meeting History: 5.1 Packet Pg. 3 January 10, 2022 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting January 10, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on January 10, 2022, 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 6:22 PM Ronald E. Merricks Vice-Chairman Present 6:27 PM Ryland Brumfield Board Member Present 6:34 PM Joseph A. Craddock Board Member Present 6:26 PM Ann Deering Board Member Present 6:34 PM Hershel Stone Board Member Present 6:27 PM Carroll Yeaman Board Member Present 6:28 PM 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. BZA Minutes 12_13_2021 Upon motion of Mr. Yeaman, seconded by Mr. Brumfield, and by a unanimous vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Ryland Brumfield, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman ELECTION OF CHAIRMAN Mr. Merricks nominated Mr. Easley for the seat of the Chairman, seconded by Mrs. Deering. Mr. Easley was unanimously voted in as Chairman of the Board of Zoning Appeals. 5.1.a Packet Pg. 4 Attachment: BZA Minutes 01_10_2022 (2998 : BZA Minutes 01/10/2022) RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman ELECTION OF VICE CHAIRMAN Mr. Yeaman nominated Mr. Merricks for the seat of the Vice-Chairman, seconded by Mr. Stone. Mr. Merricks was unanimously voted in as Vice-Chairman of the Board of Zoning Appeals. RESULT: ADOPTED [6 TO 0] MOVER: Carroll Yeaman, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Brumfield, Craddock, Deering, Stone, Yeaman ABSTAIN: Merricks OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale stated there will be two Special Use permits and a revision to the conditions attached to the Special Use Permit for Axton Solar, LLC at the February 7, 2022, meeting. PUBLIC HEARING 1. Public Hearing: Case S-21-017 John Patrik Dalton; Special Use Permit for a Double-Wide Mobile Home The zoning precepts were read by Mr. Easley to open the public hearing at 7:10 pm. Mrs. Ragsdale, Director of Community Development, reported that John Patrik Dalton petitioned for a Special Use permit for placement of a double-wide mobile home on 1.03 acres of land located on Banister Road in the Callands-Gretna Election District. John Patrik Dalton was present to represent the petition. There was no opposition to the petition. The Public Hearing closed at 7:10 pm. The Board discussed the petition as the Committee of the Whole. Whereas John Patrik Dalton, has petitioned the Board of Zoning Appeals for a Special Use Permit for a double-wide mobile home. A motion was made by Mr. Merricks, seconded by Mr. Yeaman, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Carroll Yeaman, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman 2. Public Hearing: Case S-21-018 Richard Carter; Special Use Permit for a Single-Wide Mobile Home 5.1.a Packet Pg. 5 Attachment: BZA Minutes 01_10_2022 (2998 : BZA Minutes 01/10/2022) The zoning precepts were read by Mr. Easley to open the public hearing at 7:12 pm. Mrs. Ragsdale, Director of Community Development, reported that Richard Carter petitioned for a Special Use permit for placement of a single-wide mobile home on 0.56 acres of land located on Dry Fork Road in the Tunstall Election District. Richard Carter was present to represent the petition. There was no opposition to the petition. The Public Hearing closed at 7:13 pm. The Board discussed the petition as the Committee of the Whole. Whereas, Richard Carter, has petitioned the Board of Zoning Appeals for a Special Use Permit for a single-wide mobile home. A motion was made by Mr. Craddock, seconded by Mr. Brumfield, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Joseph A. Craddock, Board Member SECONDER: Ryland Brumfield, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman 3. Public Hearing: Case S-21-019 Queen Martin; Special Use Permit for a Double-Wide Mobile Home The zoning precepts were read by Mr. Easley to open the public hearing at 7:16 pm. Mrs. Ragsdale, Director of Community Development, reported that Queen Martin petitioned for a Special Use permit for placement of a double-wide mobile home on 0.99 acres of land located at 2752 Martin Drive in the Tunstall Election District. Queen Martin was present to represent the petition. There was no opposition to the petition. The Public Hearing closed at 7:17 pm. The Board discussed the petition as the Committee of the Whole. Whereas, Queen Martin, has petitioned the Board of Zoning Appeals for a Special Use Permit for a double-wide mobile home. A motion was made by Mr. Yeaman, seconded by Mr. Merricks, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Ronald E. Merricks, Vice-Chairman AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman 4. Public Hearing: Case S-21-020 James and Leighanna Dawson; Special Use Permit for a Double-Wide Mobile The zoning precepts were read by Mr. Easley to open the public hearing at 7:19 pm. Mrs. Ragsdale, Director of Community Development, reported that James and Leighanna Dawson petitioned for a Special Use permit for placement of a double-wide mobile home on 5.3 acres of land located on Worley Court in the Staunton River Election District. Leighanna Dawson was present to represent the petition. There was no opposition to the petition. The Public Hearing closed at 7:19 pm. The Board discussed the petition as the Committee of the Whole. Mr. Merricks stated this was a beautiful part of the county. Whereas James and Leighanna Dawson, have petitioned the Board of Zoning Appeals for a Special Use Permit for a double-wide mobile home. A motion was made by Mr. Craddock, seconded by Mrs. Deering, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a seven (7) to zero (0) vote. 5.1.a Packet Pg. 6 Attachment: BZA Minutes 01_10_2022 (2998 : BZA Minutes 01/10/2022) RESULT: APPROVED [UNANIMOUS] MOVER: Joseph A. Craddock, Board Member SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman CHAIRMAN'S REPORT Mr. Easley presented the board with the option of beginning the meetings at an earlier time of 6:00 pm. if at all possible. Mrs. Ragsdale stated there is no set time, they have just always convened at 7 pm. After discussion from the board, motion passed unanimously to start meetings at 6 pm. Mrs. Ragsdale stated this will be effective starting with the February 2022 meeting since the press has not been published. ADJOURNMENT The meeting was adjourned at 7: 22 pm. 5.1.a Packet Pg. 7 Attachment: BZA Minutes 01_10_2022 (2998 : BZA Minutes 01/10/2022) Board of Zoning Appeals STAFF SUMMARY Case: District: Zoning Request: Agenda Date: February 07, 2022 Meeting History: 6.1.1 Packet Pg. 8 6.1.1.a Packet Pg. 9 Attachment: Resolution S-21-012 (3016 : Resolution to correct Axton Solar S-21-012) f ' BEFORE THE BOARD OF ZONING APPEALS OF PITTSYLVANIA COUNTY A total of 225.58 acres, six (6) parcels of land, located on Medical Center Road. Sugar Barbour Road, and Mosco Road, within the Tunstall Election District and recorded as parcel #s 1452-12-4768, 1452-00-7670, 1441- 77-6885, 1430-77-3730, 1430-76-4322, and 1442- 51-0809 in the Pittsylvania County tax records ) ) )FINAL ORDER (S-21-012)) ) ) TO THE BOARD OF ZONING APPEALS OF PITTSYLVANIA COUNTY WHEREAS, your Petitioner Axton Solar, LLC, did petition the Pittsylvania County Board of Zoning Appeals to issue a Special Use Permit for the above-referenced parcels of land for a utility-scale solar energy facility. WHEREAS, after due legal notice as required by Section 15.2-2204 of Code of Virginia of 1950, as amended, the Planning Commission did hold a public hearing on November 4, 2021, at which time all parties in interest were given an opportunity to be heard; and WHEREAS, after full consideration at the public hearing held on December 13, at which time all parties in interest were given an opportunity to be heard; and the Pittsylvania County Board of Zoning Appeals determined that the Special Use Permit be granted with conditions. NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Pittsylvania County tax maps as parcel #s 1452-12-4768. 1452-00-7670. 1441- 77-6885. 1430-77-3730. 1430-76-4322 and 1442-51-0809. and legally described below, be granted the Special Use Permit request with conditions. DESCRIPTION OF PROPERTY: A total of 225.58 acres, six (6) parcels of land, generally located within the Tunstall Election District, and recorded as parcel #s 1452-12-4768. 1452-00- 7670. 1441-77-6885. 1430-77-3730. 1430-76-4322 and 1442-51-0809 in the Pittsylvania County tax records. CONDITIONS ATTACHED TO THE SPECIAL USE PERMIT: 1. Site Development Plan; Location. All solar panels and other above-ground equipment will be located within the “Project Area” shown on the Conceptual Site Plan included with the SUP application. All Site Plan requirements of Section 35-141 must be met before permits are issued. 2. Height. Except for the collection yard and substation or otherwise as required by applicable building code, the maximum height of the solar panels and other above-ground equipment will be 15 feet. 6.1.1.b Packet Pg. 10 Attachment: Exhibit A (3016 : Resolution to correct Axton Solar S-21-012) 3. Setbacks. Except for fencing and any pole mounted electronic lines, consistent with the County ordinance, all above-ground equipment shall meet a 100-foot setback requirement. No setbacks are required between the parcels lines of parcels that are part of a single Project. No setbacks are required between the parcels lines of parcels that part of a single Project. 4. Fencing. Fencing for the Project will be standard chain-link and at least 6 feet high. The Applicant shall maintain the fence for the life of the Project. 5. Landscaping. Applicant will comply with Section 35-121 Fencing - Screening. At the perimeter locations, the setback will include a minimum 15-foot-wide landscaped comprised of any existing vegetation supplemented as needed with a staggered row of planted trees or large shrubs. The vegetation shall be evergreen and designed to be at least 15 feet in height at maturity of any new plantings and shall be a minimum of 6 feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new plantings as needed to maintain required screening. Prior to construction and site plan approval, a landscaping maintenance plan will be submitted to the Zoning Administrator for approval, which shall provide for the posting of a bond or other surety in an amount sufficient to ensure that the plantings are successfully established, and the landscaping is maintained or replaced during the life of the Project. 6. Construction Management and Mitigation. Prior to construction, the Applicant shall prepare and submit to the Zoning Administrator a construction management plan to address traffic control methods, site access, fencing, lighting, mitigation of construction operations, and hours of construction activity. 7. Road Repairs. All public and private roads must remain open during construction. Any damage to roads caused by construction will be promptly repaired to preconstruction conditions and/or VDOT standards where deemed necessary. 8. Erosion and Sediment Control. Prior to construction, an approved erosion and sediment control plan will be implemented for the entire Project, and an erosion and sediment control bond will be provided. 9. Stormwater Management. Prior to construction, a Virginia Stormwater Management Program Permit from the Virginia DEQ will be obtained for the Project, including an approved Stormwater Pollution Prevention Plan. 10. Operational Noise and Electrical Interference. The Project will comply with all applicable County requirements for noise and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 11. Operational Light. Fixed lighting at the perimeter of the Project will be limited to gates and will be shielded/downward facing to minimize light spillage and shall be motion- activated. 12. Compliance. The project shall be designed, constructed, and tested to meet all applicable local, state, and federal standards. are area 6.1.1.b Packet Pg. 11 Attachment: Exhibit A (3016 : Resolution to correct Axton Solar S-21-012) 13. Decommissioning. In accordance with Section 35-141(E), the applicant shall completely decommission the facility within 12 months, if the facility ceases to generate electricity for a continuous period of 12 months, including all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities and structures. Prior to construction and approval of the entire site plan, a decommissioning plan will be submitted to the Zoning Administrator, which shall provide for the posting of a bond or other surety acceptable to the County in the amount of the decommissioning costs, not including salvage value, for the Project. 14. Start of construction. The SUP will expire unless construction of the entire Project is commenced within 3 years of the date of issuance of the SUP. 15. Survival. So long as the Project is operated in conformance with these conditions, the SUP shall continue for the life of the Project. 16. Comply with all DEQ regulations regarding nonpoint source pollutants. Chemical sprays used in weed control shall comply with DEQ regulations. 17. Fire and Rescue Training. The applicant shall provide annual training to the local fire department regarding battery storage. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Director of Community Development and that she be directed to reflect that change on the official Zoning Map of Pittsylvania County. ADOPTED on the motion of BZA Member Mr. Yeaman and upon the following recorded vote: AYES: 6 NAYS: 0 ABSENT: 1 ABSTAIN: 0 1 Pittsylvania County Board of Zoning Appeals R. Allan Easley 12-13-21 Date 6.1.1.b Packet Pg. 12 Attachment: Exhibit A (3016 : Resolution to correct Axton Solar S-21-012) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-001; Cascade Holdings, LLC District: Tunstall District Election District Zoning Request: SUP Agenda Date: February 07, 2022 Meeting History: SUBJECT Requested by Cascade Holdings, LLC, for a Special Use Permit for a Recreational Use and a Restaurant. The property is 88.02 acres, located on Worley Court, in the Tunstall Election District and shown on the Tap Maps as GPIN # 1336-85-1205. BACKGROUND/DISCUSSION Cascade Holdings, LLC is requesting a Special Use Permit to allow for Recreational Use (Event Venue) and a Restaurant. PCC § 35-178 requires a Special Use Permit for Recreational Uses and Restaurants under the A-1 zoning classification. The applicant is in the process of renovating a farmhouse located on the property that will be used for the restaurant if the Special Use Permit application is approved. Additionally, the applicant is requesting to add twenty (20) rental cabins and an event venue on the property. According to the applicant, future plans for the property include a winery in addition to the restaurant, rental cabins, and event venue. If a Special Use Permit for recreational uses (rental cabins and event venue) and a restaurant is granted, all applicable Zoning and Building Code regulations would govern the development of the property. A concept plan is included in the packet. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, B-2, Business District, General, and R-1, Residential Suburban Subdivision District SITE DEVELOPMENT PLAN Concept Plan included in the packet. RECOMMENDATION Staff recommends APPROVAL of Case S-22-001 with the following conditions: 9.1 Packet Pg. 13 1. Any outdoor events with amplified sound 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. Must remain in compliance with all applicable Virginia Department of Health regulations. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-001 as submitted. 2. Recommend approval of Case S-22-001 subject to conditions by Staff. 3. Recommend approval of Case S-22-001 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-22-001 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 PLANNING COMMISSION MOTIONS On January 4, 2022, the Planning Commission recommended by a 7 to 0 vote, with no opposition, that the petitioner’s request be granted with the conditions by Staff. 9.1 Packet Pg. 14 9.1.a Packet Pg. 15 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 16 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 17 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 18 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 19 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 20 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 21 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 22 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 23 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.a Packet Pg. 24 Attachment: S-22-001 Cascade Holdings App (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.b Packet Pg. 25 Attachment: S-22-001 Cascade Holdings Map (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) 9.1.cPacket Pg. 26Attachment: S-22-001 Cascade Holdings Plan (2997 : Public Hearing: Case S-22-001; Cascade Holdings, LLC) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-002; Michael and Wanda Roberts District: Staunton River Election District Zoning Request: SUP Agenda Date: February 07, 2022 Meeting History: SUBJECT Requested by Michael and Wanda Roberts, for a Special Use Permit for a singlewide mobile home. The property is 9.68 acres, located on State Road 754/Gallows Road, in the Staunton River Election District and shown on the Tap Maps as GPIN # 2525-73-3571. BACKGROUND/DISCUSSION Michael and Wanda Roberts are requesting a Special Use Permit to allow for the placement of a single-wide mobile home on the property to be used as a personal residence. PCC § 35-223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently vacant. There are other single-wide mobile homes and double-wide mobile homes in the general area. If a Special Use Permit is granted, all applicable setback requirements and Building Code regulations would have to be met before the mobile home could be placed on the property. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, and R-1, Residential Suburban Subdivision District SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-22-002 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-002 as submitted. 2. Recommend approval of Case S-22-002 subject to conditions by the Planning Commission. 9.2 Packet Pg. 27 3. Recommend denial of Case S-22-002 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 PLANNING COMMISSION MOTIONS On January 4, 2022, the Planning Commission recommended by a 7 to 0 vote, with no opposition, that the petitioner’s request be granted. 9.2 Packet Pg. 28 9.2.a Packet Pg. 29 Attachment: S-22-002 Roberts App (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts) 9.2.a Packet Pg. 30 Attachment: S-22-002 Roberts App (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts) 9.2.a Packet Pg. 31 Attachment: S-22-002 Roberts App (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts) 9.2.a Packet Pg. 32 Attachment: S-22-002 Roberts App (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts) 9.2.a Packet Pg. 33 Attachment: S-22-002 Roberts App (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts) 9.2.a Packet Pg. 34 Attachment: S-22-002 Roberts App (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts) 9.2.a Packet Pg. 35 Attachment: S-22-002 Roberts App (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts) 9.2.b Packet Pg. 36 Attachment: S-22-002 Roberts Map (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts) 9.2.c Packet Pg. 37 Attachment: S-22-002 Roberts Plat (2996 : Public Hearing: Case S-22-002; Michael and Wanda Roberts)