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PC Minutes 04 04 2017 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING April 4, 2017 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, April 4, 2017, in the General District Courtroom, Chatham, Virginia. Mr. Stowe, Chairman, called the meeting to order at approximately 7:00 p.m. Mr. Stowe called the roll. PRESENT Morris Stowe Tunstall District Richard Motley Chatham-Blairs District Curtis Arthur Staunton River District H. F. Haymore, Jr. Westover District Brian Horne Dan River District Joe Davis Board of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Assistant County Administrator/Director of Planning ABSENT Janet Mease Callands-Gretna District Dr. Charles H. Miller, Jr. Banister District HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A motion was made by Mr. Motley, seconded by Mr. Arthur, and by a 6 to 0 vote (2 members were absent), the March 7, 2017, 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 7:03 p.m. Case 1, Hammock Farms, LLC, R-17-010 – Mr. Stowe opened the public hearing at 7:03 p.m. Mr. Shelton, Director of Code Compliance, reported that Hammock Farms, LLC, had petitioned to rezone 2.00 acres, located on State Road 626/Museville Road in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mr. Shelton also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. No one was present to represent the petition; however, Mr. Shelton stated he would answer any questions from the Board members. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:04 p.m. During the discussion, it was stated this parcel is completely surrounded by A-1, Agricultural District zoned properties. Planning Commission April 4, 2017 Page 2 A motion was made by Mr. Motley, seconded by Mr. Horne, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (2 members were absent). Case 2, Patricia May Pritchett Cooper, R-17-011 – Mr. Stowe opened the public hearing at 7:06 p.m. Mr. Shelton, Director of Code Compliance, reported that Patricia Cooper had petitioned to rezone 0.545 acre, located on State Road 739/Cooper Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mr. Shelton also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Patricia Cooper was present to represent the petition. She stated she had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:07 p.m. During the discussion, it was stated this parcel is surrounded by A-1, Agricultural District zoned properties. A motion was made by Mr. Motley, seconded by Mr. Arthur, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (2 members were absent). Case 3, Par 5 Development Group, LLC, R-17-012 – Mr. Stowe opened the public hearing at 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported that Par 5 Development Group, LLC, had petitioned to rezone 2.47 acres, located on State Road 750/Mount Cross Road and on State Road 1530/Mount Olivet Lane in the Westover Election District from R-1, Residential Suburban Subdivision District to B-1, Business District, Limited. Mr. Shelton also stated once the property is rezoned to B-1, all uses listed under Section 35-346 are a permitted use. Zachary Ivey with Par 5 Development Group, LLC, Attorney Kerry Hutherson and Michael Lynch, Project Manager with Engineering Concepts, Inc., were present to represent the petition. Attorney Kerry Hutherson stated he would answer any questions from the Board. He then presented a brief summary of the plans for the construction of a Dollar General store and the benefits this project would provide. Following questions from several Board members, Mr. Hutherson stated VDOT has not yet been to the site, and Dollar General will hire local contractors for all jobs. Zachary Ivey then presented a packet to the Board members and stated the three (3) goals of Dollar General are visibility, accessibility and safety. Michael Lynch stated the proposed Dollar General will be 9,100 square feet in size, will have 37 parking spaces and will have a border of Leyland cypress trees. Deborah Loomis, Bettie Tuck, Lisa Wood, Steven Furr and Linda Whalley spoke in opposition to the petition. Their concerns included, but were not limited to, the following: traffic issues, disruption of the neighborhood, decrease in property values, water runoff issues and safety issues due to speed of vehicles. Ms. Bettie Tuck presented two (2) petitions to the Board members consisting of a total of 106 names of individuals who were in opposition to the rezoning of the property. Kerry Hutherson and Michael Lynch offered a rebuttal and stated delivery to the store would be once a week. It was also stated required visibility is 470 feet to the west and 470 feet to the east, and the available visibility at the proposed site is 778 feet to the west and 600 feet to the east and an entrance permit would need to be approved by VDOT. Mr. Stowe closed the public hearing at 8.00 p.m. During the discussion, it was stated a request to rezone the property had been previously denied five (5) times and many of the citizens had safety concerns. It was also stated the three (3) factors that influenced the Board’s decision were as follows: safety issues regarding the intersection, opposition from the citizens and no approval from VDOT regarding an entrance permit to the site. A motion was made by Mr. Haymore, seconded by Mr. Horne, to recommend the Board of Supervisors deny the rezoning request. Motion passed by a 6 to 0 vote (2 members were absent). Case 4, James P. Lewis, Jr., & Sheila H. Lewis, R-17-013 – Mr. Stowe opened the public hearing at 8:03 p.m. Mr. Shelton, Director of Code Compliance, reported that James P. Lewis, Jr., and Sheila H. Lewis had petitioned to rezone 11.49 acres, located on State Road 874/Loomfixer Lake Road and on State Road 875/Horseshoe Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mr. Shelton also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Sheila Lewis was present to represent the petition. She stated the petitioned parcel was part of her grandfather’s farm. She also stated that her husband has a landscaping business and the property would be used for nursery stock for the business. There was no opposition to the petition. Mr. Stowe closed the public hearing at 8:05 p.m. A motion was made by Mr. Haymore, seconded by Mr. Motley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (2 members were absent). Planning Commission April 4, 2017 Page 3 Case 5, Marvin Craig Hylton & Amy Terry Hylton, R-17-014 – Mr. Stowe opened the public hearing at 8:07 p.m. Mr. Shelton, Director of Code Compliance, reported that Marvin Craig Hylton and Amy Terry Hylton had petitioned to rezone a total of 11.32 acres, two (2) parcels of land, located on State Road 875/Horseshoe Road in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mr. Shelton also stated once the properties are rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Craig Hylton was present to represent the petition. He stated the petitioned parcel was part of his grandfather’s farm. He also stated that the properties would be used for nursery stock for his sister and brother-in-law’s landscaping business. There was no opposition to the petition. Mr. Stowe closed the public hearing at 8:09 p.m. A motion was made by Mr. Haymore, seconded by Mr. Motley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (2 members were absent). Case 6, Paul Anthony McNeil, Et Als, Verna P. Joines, Et Als, (Deceased), Keith Harcrow, Et Als, Kelly Harcrow, Et Als, & Minyung K. Joines, Et Als , R-17-015 – Mr. Stowe opened the public hearing at 8:10 p.m. Mr. Shelton, Director of Code Compliance, reported that Paul Anthony McNeil and Others had petitioned to rezone 0.47 acre from B-2, Business District, General to A-1, Agricultural District. Mr. Shelton also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Phil Lotspeich with James C. May & Associates was present to represent the petition. He stated he would answer any questions from the Board members. There was no opposition to the petition. Mr. Stowe closed the public hearing at 8:11 p.m. A motion was made by Mr. Arthur, seconded by Mr. Horne, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (2 members were absent). This concludes the Rezoning cases. Case V-1, Jessica Inman High & William Bentley Inman, V-17-001 – Mr. Stowe opened the public hearing at 8:13 p.m. Mr. Shelton, Director of Code Compliance, reported that Jessica Inman High and William Bentley Inman had petitioned for a Variance on 1.03 acres, located on State Road 853/Inman Road, in the Tunstall Election District to Section 35.231. Maximum Number Of Units Allowed, of the Pittsylvania County Zoning Ordinance, to allow for placement of a second dwelling, a 2017 single-wide mobile home, to be used for the care of their elderly father. Mr. Shelton then stated the petitioners are aware that the mobile home will be removed from the premises once the father no longer resides on the property. Jessica High was present to represent the petition. She stated a mobile home was located on the property years ago and that she, her husband and children would move into the home and her father would live in the new single-wide mobile home. Lynn Borden spoke in opposition to the petition. Her concerns included, but were not limited to, the following: placement of the mobile home. Ms. Borden stated she did not want the single-wide mobile home obstructing her view when she looked out her window. Mr. Stowe closed the public hearing at 8:20 p.m. During the discussion, it was stated mobile homes are located across the street and down the highway from the petitioned parcel and this would allow the father to maintain his independence. A motion was made by Mr. Motley, seconded by Mr. Haymore, to recommend the Board of Zoning Appeals grant this Variance request with the provision that the mobile home will be removed from the premises once the father no longer resides on the property, as stated in the Board packet. Motion passed by a 6 to 0 vote (2 members were absent). This concludes the Variance case. OLD BUSINESS There was no old business. NEW BUSINESS Mr. Dick Blackwell, P.E., of Blackwell Engineering, PLC, in Harrisonburg, VA, spoke on behalf of his son, Nathan Blackwell, P.E., who was unable to attend the meeting. He presented a proposed Conservation Easement Summary for the Board’s review, for a total of 171.95 acres, two (2) parcels of land. The 71 acre parcel of land located on Starkey Road near Renan is currently wooded with a pond in the back, is zoned A-1, Agricultural District and meets the intention of the Comprehensive Plan. The 100.95 acre parcel of land just south of Chatham is located next to Cherrystone Creek and an Planning Commission April 4, 2017 Page 4 unnamed tributary. The majority of the property is swampy and located within the 100 year flood plain, which would make it difficult to develop. The property is zoned A-1, Agricultural District, but the Comprehensive plan intends for future residential use. Based on the land’s natural restrictions, development to residential, industrial or commercial would be cost prohibitive and may even be impossible due to regulations. A motion was made by Mr. Motley, seconded by Mr. Haymore, that these properties are consistent with the Comprehensive Plan. Motion passed by a 6 to 0 vote (2 members were absent). The meeting was adjourned at approximately 8:35 p.m. _____________________________ Morris Stowe, Chairman _____________________________ Kathy H. Belton, Clerk