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PC Minutes 11 04 2021November 4, 2021 Regular Meeting Pittsylvania County Planning Commission Regular Meeting November 4, 2021 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on November 4, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman - Westover District H.F. Haymore, called the meeting to order at 6:58 PM. The following members were present: Attendee Name Title Status Arrived H.F. Haymore Chairman - Westover District Present 6:25 PM Nathan Harker Vice Chairman - Staunton River District Present 6:23 PM Colette Henderson Member - Banister District Present 6:29 PM Janet Mease Member - Callands-Gretna District Absent 6:27 PM Brian K. Horne Member - Dan River District Present 6:23 PM Morris Stowe Member - Tunstall District Present 6:28 PM Richard Waters Member - Chatham-Blairs District Present 6:24 PM Timothy W. Dudley Board of Supervisors Rep Present 6:44 PM HEARING OF CITIZENS No Citizens came forward to speak. APPROVAL OF AGENDA A motion was made by Mr. Stowe, seconded by Mr. Harker, and by a seven (7) to zero (0), one (1) absent vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Morris Stowe, Member - Tunstall District SECONDER: Nathan Harker, Vice Chairman - Staunton River District AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley APPROVAL OF MINUTES A motion was made by Mr. Stowe, seconded by Mr. Waters, and by a seven (7) to zero (0), one (1) absent vote, the minutes were approved as presented. 1. Planning Commission Minutes 09 07 2021 RESULT: APPROVED [UNANIMOUS] MOVER: Morris Stowe, Member - Tunstall District SECONDER: Richard Waters, Member - Chatham-Blairs District AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley CHAIRMAN'S REPORT There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case R-21-028 Gary and Jeanette Short; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Harker) Mr. Haymore opened the public hearing at 7:03 p.m. Mrs. Ragsdale, Director of Community Development, reported that Gary and Jeanette Short had petitioned to rezone 34.91 acres, generally located on Simpson Lane, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District to combine with an adjacent farm. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:04 p.m. A motion was made by Mr. Harker, seconded by Mr. Dudley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 2. Public Hearing: Case R-21-030 Trustees of Macedonia Baptist Church; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Mease) Mr. Haymore opened the public hearing at 7:05 p.m. Mrs. Ragsdale, Director of Community Development, reported that Trustees of Macedonia Baptist Church had petitioned to rezone 2.696 acres, generally located on Green Pond Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District to allow for a cemetery on joint church property. Kermit King was present to represent the petition. Mr. King stated that the church is over 100 years old, and the cemetery needs to expand due to being at capacity. John Fuller, who resides on Green Pond Road, spoke in opposition of the expansion stating that he does not want the view from his home to be one of a cemetery. He stated that it could be placed on other property that the church owns. Mr. Haymore closed the public hearing at 7:10 p.m. A motion was made by Mr. Horne, seconded by Mr. Dudley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Brian K. Horne, Member - Dan River District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 3. Public Hearing: Case R-21-031; George Shelton; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Henderson) Mr. Haymore opened the public hearing at 7:11 p.m. Mrs. Ragsdale, Director of Community Development, reported that George Shelton had petitioned to rezone 1.0 acre, generally located at Mill Creek Road, in the Banister Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District to combine with adjacent property zoned A-1. George Shelton was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:12 p.m. A motion was made by Ms. Henderson, seconded by Mr. Waters, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Richard Waters, Member - Chatham-Blairs District AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 4. Public Hearing: Case R-21-032; Richard & Rhonda Hash; Rezoning from R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, to A- 1, Agricultural District Mr. Haymore opened the public hearing at 7:14 p.m. Mrs. Ragsdale, Director of Community Development, reported that Richard and Rhonda Hash had petitioned to rezone two properties located on State Road 854/Locust Drive, a total of 14.12 acres, in the Tunstall Election District from R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined subdivision District, to A-1 Agricultural District, to combine with an adjacent parcel of land zoned A-1. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:15 p.m. A motion was made by Mr. Stowe, seconded by Mr. Dudley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Morris Stowe, Member - Tunstall District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 5. Public Hearing: Case S-21-012 Axton Solar, LLC; Special Use Permit for a Utility Scale Solar Energy Facility (Stowe) Mr. Haymore opened the public hearing at 7:17 p.m. Mrs. Ragsdale, Director of Community Development, reported that Axton Solar, LLC, had petitioned for a Special Use Permit on six parcels of land, a total of 225.28 acres, located off State Road 612/Medical Center Road, State Road 614/Sugar Barbour Road, and State Road 616/Mosco Road in the Tunstall Election District for a utility scale solar facility. Trey Lopez was present to represent the petition. Roger Wilson, who resides on Maple Springs Drive, spoke in opposition to the petition stating that he has major concerns with lack of maintenance and feels that the Axton Community will be one large solar farm and he does not want to live in the midst of it. He stated that panels could be placed as close as 100 feet to his home on an adjacent property. Mr. Harker asked if an increase of setbacks would be an improvement for homeowners in the area. Mr. Wilson stated he thought that it would. Mr. Dudley asked if Axton Solar, LLC, will need to add any additional parcels and Mr. Lopez stated this would finalize the project. He also stated that they were in the early stages of panel placement. Ms. Henderson addressed the employment of local contractors, she stated that most contractors that have been seen in the area are from Texas and other areas. Mr. Lopez states that they do employ residents of Virginia. Ms. Henderson said that she has not seen that so far. Mr. Haymore closed the public hearing at 7:34 p.m. A motion was made by Mr. Stowe, seconded by Mr. Dudley, to recommend the Board of Zoning Appeals grant the Special Use Permit with the 17 conditions recommended by staff. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Morris Stowe SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 6. Public Hearing: Case S-21-015; Harry Parks; Special Use Permit for a Single-Wide Mobile Home (Henderson) Mr. Haymore opened the public hearing at 7:36 p.m. Mrs. Ragsdale, Director of Community Development, reported that Harry Parks had petitioned for a Special Use Permit on one parcel of land, a total of 1.27 acres, located at 513 Hickory Road, in the Banister Election District for a single-wide mobile home. Mr. Parks was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:37 p.m. A motion was made by Ms. Henderson, seconded by Mr. Horne, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Morris Stowe, Member - Tunstall District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 7. Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation; Special Use Permit for a Campground (Henderson) Mr. Haymore opened the public hearing at 7:37 p.m. Mrs. Ragsdale, Director of Community Development, reported that Olde Dominion Agricultural Foundation had petitioned for a Special Use Permit on one parcel of land, a total of 49.15 acres, located at 19783 US Hwy 29, in the Banister Election District to operate a campground. Mr. Harris was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:39 p.m. A motion was made by Ms. Henderson, seconded by Mr. Waters, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Nathan Harker, Vice Chairman - Staunton River District AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 8. Public Hearing: Case CA-21-003 George Nedriga; Amendment to Pittsylvania § County Code 35-61. Mr. Haymore opened the public hearing at 7:40 p.m. Mrs. Ragsdale, Director of Community Development, reported that George Nedriga petitioned for revisions to Pittsylvania County Code ("PCC"), Chapter 35, division 2, Lot Regulations: PCC Sec.35-61, Lots, Determination of Lot Front, and PCC Sec. 25-74. Accessory and Temporary Buildings. George Nedriga was present to represent the petition. Code currently states that all accessory structures are required to be placed in the rear yard in residential districts, based on PCC § 35-61, all accessory structures are required to be placed between the dwelling and the lake. Mr. Nedriga is requesting a code amendment to allow for the placement of accessory structures to be located between the dwelling and the road on properties that border Smith Mountain Lake. There was no opposition to the code amendment. Mr. Haymore closed the public hearing at 7:42 p.m. A motion was made by Mr. Horne, seconded by Ms. Henderson, to revise the text amendment. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Brian K. Horne, Member - Dan River District SECONDER: Colette Henderson, Member - Banister District AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 9. Public Hearing: Case CA-21-004; Solar Ordinance; Amendment to Pittsylvania County Code (“PCC”), Chapter 35, Division 4, Supplementary Regulations; PCC Sec. 35-141(C), Utility Scale Solar Energy Facility; and PCC Sec. 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. Mr. Haymore opened the public hearing at 7:43 p.m., Requested by County Staff, proposed revisions to Pittsylvania County Code ("PCC"), Chapter 35, Division 4, Supplementary Regulations, PCC Sec. 35-141(C), Utility Scale Solar Energy Facility; and PCC Sec 45-141(D), Permitting Requirements for Large and Utility Scale Solar Facilities. Kieran Siao with Dimension Renewable Energy submitted a letter to the Board opposing the draft to the zoning ordinance text amendments for utility scale solar projects. Shared solar projects are relatively new to this area and differ from utility scale solar projects. Mr. Siao stated that local residents would receive a direct benefit by subscribing to a shared solar program and urged denial. Dimension Renewable Energy I currently working with several landowners and has contracts in place to produce community scale solar projects on their land. Residential subscribers will receive credit for their share of power produced, that share is reflected in their power bill. Skyler Zunk from Chesterfield County, VA spoke on behalf of Conservatives for Clean Energy, Land and Liberty Coalition. $1400 per megawatt per year can be charged to utility scale solar projects. He encourages staff to look at other ways to allow solar projects no matter the mega wattage. Mr. Haymore closed the public hearing at 7:59 p.m. Mr. Waters asked about the revisions, Mrs. Ragsdale read them aloud. Ms. Henderson would like for a condition to be added that contractors use local labor forces, the board sated they were not sure if that could be added or not. A motion was made by Mr. Harker, seconded by Mr. Dudley, to revise the solar ordinance. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley OLD BUSINESS There was no old business. NEW BUSINESS 1. Public Hearing: Case V-21-002 Jessica O'Neal; Requesting a Variance to Section 35-369. MINIMUM YARD DIMENSIONS. (A.) Front Setbacks, and (C.) Rear Setback. (Mease) Mrs. Ragsdale, Director of Community Development, reported that Jessica ONeal was requesting a variance to Section 35-226 MINIMUM YARD DIMENSIONS. (A.) Front Setback, of the Pittsylvania County Zoning Ordinance, and (C.) Rear Setback, of the Pittsylvania County Zoning Ordinance, on 0.60 acres, shown of the records as GPIN # 2531-38-1629, located at State Road 641/300 and 336 Spartan Lane, Gretna, VA located in the Callands-Gretna Election District. Jessica ONeal was present to speak regarding the variance. Yard dimensions need to be altered so landings and steps can be constructed on the property that are too close to front and rear setbacks ingress/egress to meet USBC. A motion was made by Mr. Harker, seconded by Mr. Horne, to recommend approval of the variance. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley 2. Virtual Participation Planning Commission discussed Virtual Participation in meeting as allowed by Virginia State Code, a motion was made ordering staff to bring back proposed changes to bylaws to allow Virtual Participation for future Planning Commission meetings. This option can be voted on at the December meeting. A motion was made by Mr. Waters, seconded by Ms. Henderson, to add this to the December Agenda. Motion passed by a seven (7) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Colette Henderson, Member - Banister District AYES: Haymore, Harker, Henderson, Horne, Stowe, Waters, Dudley ADJOURNMENT The meeting was adjourned at 8:10 p.m. _____________________________ Mr. H.F. Haymore, Jr-Chairman ___________________________ Robin S. Vaughan-Clerk