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PC Minutes 10 03 2017 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING October 3, 2017 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, October 3, 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 Janet Mease Callands-Gretna District Dr. Charles H. Miller, Jr. Banister District Curtis Arthur Staunton River District H. F. Haymore, Jr. Westover District Brian Horne Dan River District Joe Davis Board of Supervisors Representative Karen N. Hayes Code Compliance Officer/Interim Zoning Administrator Greg Sides Assistant County Administrator/Director of Planning HEARING OF THE CITIZENS Karen Maute came forward to speak. Her concerns included, but were not limited to, the following: records should be open for public inspection; cell phones are not allowed in the courtroom during meetings. APPROVAL OF THE AGENDA A motion was made by Mr. Motley, seconded by Mr. Arthur, and by a unanimous vote, the agenda was approved as presented. APPROVAL OF THE MINUTES A motion was made by Mr. Motley, seconded by Mr. Arthur, and by a unanimous vote, the September 5, 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 7:06 p.m. Case 1, Par 5 Development Group, LLC, R-17-029 – Mr. Stowe opened the public hearing at 7:06 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Par 5 Development Group, LLC, had petitioned to rezone a total of 3.06 acres, three (3) parcels of land, located on State Road 729/Kentuck Planning Commission October 3, 2017 Page 2 Road, in the Dan River Election District from RC-1, Residential Combined Subdivision District to B-1, Business District, Limited. Mrs. Hayes also stated once the properties are rezoned to B-1, all uses listed under Section 35-346 are a permitted use. Zac Ivey with Par 5 Development Group, LLC, and Matt Hastings and Robert Love with Summit Design and Engineering Services were present to represent the petition. Zac Ivey stated this would increase jobs and bring in revenue for the area. Cindy Stevens and Alice Strader spoke in opposition to the petition. Their concerns included, but were not limited to, the following: noise, trash and traffic congestion. Mr. Ivey offered a rebuttal and stated Dollar General has a nationwide maintenance team to clean up trash and has a hotline for citizens to call regarding maintenance of the property. He then stated a privacy fence is budgeted to allow privacy to adjacent parcel owners and Night Sky Friendly Lighting is used on the premises. He also stated Dollar General has engineers that are requested to fix any traffic issues. Mr. Stowe closed the public hearing at 7:15 p.m. A motion was made by Mr. Horne, seconded by Mr. Davis, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. Case 2, Par 5 Development Group, LLC, R-17-030 – Mr. Stowe opened the public hearing at 7:17 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Par 5 Development Group, LLC, had petitioned to rezone 0.67 acre, located on State Road 988/Highwayview Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General. Mrs. Hayes also stated once the property is rezoned to B-2, all uses listed under Section 35-365 are a permitted use. Zac Ivey with Par 5 Development Group, LLC, and Matt Hastings and Robert Love with Summit Design and Engineering Services were present to represent the petition. Zac Ivey stated this would increase jobs and bring in revenue for the area. Wayne Scruggs spoke in opposition to the petition. His concerns included, but were not limited to, the following: dangerous intersection and traffic congestion. Mr. Ivey offered a rebuttal and stated the hours of operation for Dollar General are 7:00 a.m. – 10:00 p.m., and delivery trucks deliver once a week around 10:00 a.m., which is during non-peak hours. He then stated this does not increase traffic with the surrounding businesses. Mr. Stowe closed the public hearing at 7:28 p.m. During the discussion, it was stated there is a business located adjacent to the petitioned parcel and this would help the community. A motion was made by Mr. Arthur, seconded by Ms. Mease, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. Case 3, Mountain Valley Pipeline, LLC, R-17-031 – Mr. Stowe opened the public hearing at 7:30 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Mountain Valley Pipeline, LLC, had requested to withdraw the petition to rezone. Mr. Stowe closed the public hearing at 7:31 p.m. A motion was made by Dr. Miller, seconded by Mr. Arthur, to accept the withdrawal request of Case 3, Case R-17-031, with no time limitation to reapply as per Section 35-815 of the Zoning Ordinance. Motion passed unanimously. Case 4, Gloria K. Hall & Olivia P. Salzer, R-17-032 – Mr. Stowe opened the public hearing at 7:31 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Gloria Hall and Olivia Salzer had petitioned to rezone 2.13 acres, located on State Road 969/Sago Road, in the Callands-Gretna Election District from B-2, Business District, General to RC-1, Residential Combined Subdivision District. Mrs. Hayes also stated once the property is rezoned to RC-1, all uses listed under Section 35-267 are a permitted use. Gloria Hall was present to represent the petition. She stated she had nothing to add except she wanted to sell her house. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:33 p.m. During the discussion, it was stated this is not a case of spot zoning and is consistent with the surrounding properties zoned RC-1. A motion was made by Ms. Mease, seconded by Mr. Haymore, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. Case 5, Ronald Sykes & Tammy Sykes, R-17-033 – Mr. Stowe opened the public hearing at 7:34 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Ronald and Tammy Sykes had Planning Commission October 3, 2017 Page 3 petitioned to rezone 10.23 acres, located on State Road 978/Lakeside Road and on State Road 965/Paynes Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mrs. Hayes also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Two (2) letters of opposition received from adjacent parcel owners unable to attend the meeting were presented to the Board members prior to the meeting. Tommie Nevin and Mikina Jordan spoke in opposition to the petition, and Ms. Jordan presented a petition to the Board members with fourteen (14) signatures of individuals opposed to the petition and numerous photographs of box trailers, scrap metal, etc., on the property. Their concerns included, but were not limited to, the following: Effects on the quiet neighborhood, safety issues, negative effects on the beauty of the community and lowering the value of nearby properties. Mr. Sykes stated there is no dwelling located on the property, and he just wanted to build a large storage building for his tractors and other equipment. Mr. Stowe closed the public hearing at 7:42 p.m. During the discussion, it was stated there are no properties in the immediate area zoned A-1, Agricultural District and there were numerous individuals opposed to the petition. A motion was made by Ms. Mease, seconded by Mr. Motley, to recommend the Board of Supervisors deny the rezoning request. Motion passed by a 6 to 2 vote. Those voting to grant the motion were as follows: Mr. Stowe, Mr. Motley, Ms. Mease, Dr. Miller, Mr. Haymore and Mr. Davis. Those voting to deny the motion were as follows: Mr. Arthur and Mr. Horne. Case 6, Joseph Andrew Craddock & Jennifer Rebecca Craddock, R-17-034 – Mr. Stowe opened the public hearing at 7:45 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Joseph and Jennifer Craddock had petitioned to rezone 0.1295 acre, located on State Road 670/Deer View Road, in the Staunton River Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District. Mrs. Hayes also stated once the property is rezoned to R-1, all uses listed under Section 35-222 are a permitted use. Jay Craddock was present to represent the petition. He stated he was giving his neighbors this parcel of land to allow for a boundary line adjustment. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:46 p.m. A motion was made by Mr. Arthur, seconded by Mr. Davis, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. Case 7, Michael L. Hughes, R-17-035 – Mr. Stowe opened the public hearing at 7:47 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Michael Hughes had petitioned to rezone 4.00 acres, located on State Road 883/Campview Road, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mrs. Hayes also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Michael Hughes was present to represent the petition. He stated he harvested timber and he needed another access road to cut the timber. He also stated he was purchasing a portion of his neighbor’s property to allow for access to his farm. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:47 p.m. During the discussion, it was stated the petitioned parcel is completely surrounded by properties zoned A-1, Agricultural District. A motion was made by Mr. Motley, seconded by Mr. Haymore, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. Case 8, Robert E. Daniels Revocable Trust Dated 9/24/97, Robert E, Daniels, Trustee, R-17-036 – Mr. Stowe opened the public hearing at 7:51 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Robert E. Daniels Revocable Trust Dated 9/24/97, Robert E. Daniels, Trustee, had petitioned to rezone 36.23 acres, located on Route 40/West Gretna Road and on State Road 626/Smith Mountain Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Mrs. Hayes also stated once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. Robert Daniels was present to represent the petition. He stated the property had been used for harvesting corn in the past, and he wanted to return the land to its original use. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:53 p.m. A motion was made by Ms. Mease, Planning Commission October 3, 2017 Page 4 seconded by Mr. Horne, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. Case 9, Mary L. Doss, R-17-037 – Mr. Stowe opened the public hearing at 7:54 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Mary L. Doss had petitioned to rezone 1.421 acres, located on State Road 644/Cooksburg Road, in the Callands-Gretna Election District from A-1, Agricultural District to RC-1, Residential Combined Subdivision District. Mrs. Hayes also stated once the property is rezoned to RC-1, all uses listed under Section 35-267 are a permitted use. Bill Doss and Betty Adkins were present to represent the petition. They stated they wanted to sell the family farm and allow for subdivision of the property. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:56 p.m. A motion was made by Ms. Mease, seconded by Mr. Motley, to recommend the Board of Supervisors grant the rezoning request. Motion passed unanimously. Case 10, Mary S. Shively, Et Als, Shirley S. Bowles, Et Als, David W. Setliff, Et Als, Curtis L. Setliff, Et Als, Charlie J. Setliff, Et Als, Bettie Ingram Allred, Et Als, & David William Ingram, Et Als, R-17-038 – Mr. Stowe opened the public hearing at 7:56 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Mary S. Shively and Others had petitioned to rezone a total of 25.58 acres, three (3) parcels of land, located on U.S. Highway 58 West/Martinsville Highway, in the Tunstall Election District from RC-1, Residential Combined Subdivision District and B-2, Business District, General to M-2, Industrial District, Heavy Industry. Mrs. Hayes also stated once the properties are rezoned to M-2, all uses listed under Section 35- 402 are a permitted use. Art Craft was present to represent the petition. He stated these properties would serve as base of operations for Gemstone, LLC, a bridge painting contractor and the company’s long-term intent would be to erect a fabric structure in which they would work on the painting equipment and possibly provide local cleaning and painting services. Jeffrey D. Pruitt spoke in opposition to the petition. His concerns included, but were not limited to, the following: concerns regarding M-2 permitted uses for the properties, emissions, expansion of the company and runoff into the creek. Mr. Craft offered a rebuttal and stated he wanted the petitioners to rezone to B-2, which would be less intense than M-2. He also stated runoff from the equipment is controlled by EPA (Environmental Protection Agency) and OSHA (Occupational Safety and Health Administration). Mr. Stowe closed the public hearing at 8:03 p.m. During the discussion, it was suggested that the petitioners could reapply and petition to rezone to B-2, as there are properties zoned B-2 on each side of the petitioned parcels. Mr. Craft stated he will reapply to rezone to B-2. A motion was made by Mr. Haymore, seconded by Mr. Motley, to accept the withdrawal request of Case 10, Case R-17-038, with no time limitation to reapply as per Section 35-815 of the Zoning Ordinance and requested that the property owner be present at future meetings. Motion passed unanimously. This concludes the Rezoning cases. Case S-1, Gary G. Geiger & Susan E. Geiger, S-17-013 – Mr. Stowe opened the public hearing at 8:15 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that Gary and Susan Geiger had petitioned for a Special Use Permit on 1.37 acres, located on State Road 689/Strader Road, in the Banister Election District to allow for placement of a 2018 single-wide mobile home to be used for their personal residence. Gary and Susan Geiger were present to represent the petition. They stated they had nothing to add. John D. Harris spoke in opposition to the petition. He stated his farm is adjacent to this property and this is the second single-wide mobile home in the area. He then stated he did not have anything against these people, but he preferred for a double-wide mobile home to be placed on the property. Mr. Geiger offered a rebuttal and stated his home in New Jersey would not sell and he does not have the means to purchase a double-wide mobile home. He then stated this is a brand new 2018 model single-wide mobile home. Mr. Stowe closed the public Planning Commission October 3, 2017 Page 5 hearing at approximately 8:23 p.m. A motion was made by Dr. Miller, seconded by Mr. Haymore, to recommend the Board of Zoning Appeals grant the Special Use Permit request. Motion passed unanimously. Case S-2, Withdrawn, S-17-014 Case S-3, James L. Gibson & Areta H. Gibson, S-17-015 – Mr. Stowe opened the public hearing at 8:24 p.m. Mrs. Hayes, Code Compliance Officer/Interim Zoning Administrator, reported that James L. Gibson and Areta H. Gibson had requested to withdraw the petition for a special use permit. Mr. Stowe closed the public hearing at 8:25 p.m. A motion was made by Ms. Mease, seconded by Mr. Arthur, to accept the withdrawal request of Case S-3, Case S-17-015, with no time limitation to reapply as per Section 35-815 of the Zoning Ordinance. Motion passed unanimously. This concludes the Special Use Cases. OLD BUSINESS There was no old business. NEW BUSINESS One of the Board members questioned if petitioners who request withdrawal of their petitions to rezone, etc., and then reapply will be required to pay another application fee. Mrs. Hayes verified that the petitioners will be required to pay the application fees again. The meeting was adjourned at approximately 8:27 p.m. _____________________________ Morris Stowe, Chairman _____________________________ Kathy H. Belton, Clerk