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PC 06_07_2022 PLANNING COMMISSION REGULAR MEETING Tuesday, June 7, 2022 – 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA I. CALL TO ORDER II. ROLL CALL III. MOMENT OF SILENCE IV. PLEDGE OF ALLEGIANCE V. 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. VI. APPROVAL OF AGENDA VII. APPROVAL OF MINUTES 1. PC Minutes 05_03_2022 VIII. CHAIRMAN'S REPORT IX. PUBLIC HEARING Regular Meeting - June 7, 2022 Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Planning Commission have been empowered to hear and decide specific applications in support of said ordinance and to make recommendations to the Board of Supervisors or the Board of Zoning Appeals. 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 regarding zoning cases will be limited to (3) three minutes. Case Public Hearing: Case R-22-013 Nguyen Properties, LLC: Public Hearing: Case R-22-013 Nguyen Properties, LLC; Rezoning from RC-1, Residential Combined Subdivision District, to MHP, Residential Manufactured Housing Park District (Oakes) Case Public Hearing: Case R-22-016 Jasmin Ruiz: Public Hearing: Case R-22- 016 Jasmin Ruiz; Rezoning from B-2, Business District, General, to R-1, Residential Suburban Subdivision District (Mease) Case Public Hearing: Case R-22-017 Bradley and Heather Barron: Public Hearing: Case R-22-017 Bradley and Heather Barron; Rezoning from RE, Residential Estates District, to A-1, Agricultural District (Mease) Case Public Hearing: Case R-22-018 Robert and Angela Carlberg: 3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg Case Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia: Public Hearing: Case R-22- 019 Industrial Development Authority of Pittsylvania County, Virginia; Rezoning from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (Oakes) Case Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia: Public Hearing: Case R-22- 023 Industrial Development Authority of Pittsylvania County, Virginia; Rezoning from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (Horne) Case Public Hearing: Case S-22-009 Mark Blanchet: Public Hearing: Case S-22- 009 Mark Blanchet; Special Use Permit for a Campground (Oakes) Case Public Hearing: Case S-22-010 Debra Goodwin: Public Hearing: Case S-22- 010 Debra Goodwin; Special Use Permit for the Placement of a Double-wide Mobile Home (Oakes) Case Public Hearing: Case S-22-012 Donna Clay: Public Hearing: Case S-22- 012 Donna Clay; Special Use Permit for a Public Garage (Horne) X. OLD BUSINESS XI. NEW BUSINESS Regular Meeting - June 7, 2022 1. Public Hearing: Case V-22-001 Tynesha Breedlove; Requesting a Variance to Section 35-226. MINIMUM YARD DIMENSIONS. (A.) Front Setbacks (Haymore) XII. ADJOURNMENT Planning Commission STAFF SUMMARY Case: PC Minutes 05_03_2022 District: Zoning Request: Agenda Date: June 07, 2022 Meeting History: 7.1 Packet Pg. 4 May 3, 2022 Regular Meeting Pittsylvania County Planning Commission Regular Meeting May 3, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on May 3, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman - Westover District H.F. Haymore, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived H.F. Haymore Chairman - Westover District Present 6:36 PM Nathan Harker Vice Chairman - Staunton River District Absent Colette Henderson Member - Banister District Present 6:34 PM Janet Mease Member - Callands-Gretna District Present 6:33 PM Brian K. Horne Member - Dan River District Present 6:35 PM Gary Oakes Member - Tunstall District Present 6:36 PM Richard Waters Member - Chatham-Blairs District Present 6:33 PM Darrell Dalton Board of Supervisors Rep Present 6:37 PM HEARING OF CITIZENS No citizens came forward to speak. APPROVAL OF AGENDA A motion was made by Mrs. Mease, seconded by Mr. Horne, and by a seven (7) to zero (0) vote , the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker APPROVAL OF MINUTES 1. PC Minutes 04_05_2022 A motion was made by Mr. Waters, seconded by Mr. Dalton, and by a seven (7) to zero (0) vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Darrell Dalton, Board of Supervisors Rep AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker CHAIRMAN'S REPORT 7.1.a Packet Pg. 5 Attachment: 05_03_2022 Minutes nw (3187 : PC Minutes 05_03_2022) Mr. Haymore reported that former Chairman Mr. Richard Motley's wife passed away recently and asked for him to be remembered prayers and thoughts. PUBLIC HEARING 1. Public Hearing: Case R-22-008; Robert and Barbie Eanes; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Waters) Mr. Haymore opened the public hearing at 7:03 p.m. Mrs. Ragsdale, Director of Community Development, reported that Robert & Barbie Eanes petitioned to rezone 7.41 acres located on State Road 718/Snakepath Road in the Chatham-Blairs Election District from RC-1, Residential Combined Subdivision District to A-1, Agricultural District to allow for two dwellings to be placed on the property. Barbie Eanes was present to represent the petition. Mrs. Eanes stated that they were not rezoning for a mobile home park, they were rezoning to A-1 to allow for two residences on the property. She also stated they had originally planned to build their personal home there but have since purchased another home, so they are looking at other alternatives for this property. The Board did not have any questions for Mrs. Eanes. First up to speak was Brian Loeb. He stated that he was opposed to anything that will allow a mobile home now or in the future to be allowed in the neighborhood. He suggested dividing the land into two properties rather than rezoning. Mr. Waters asked if there were currently any mobile homes in the area. Mr. Loeb stated there is one down the road that has been there for several years. Mr. Waters asked if there were any doublewides in the area. Mr. Loeb said there is one about three quarters of a mile from the property. Mr. Waters asked Mrs. Ragsdale if the property could be subdivided. Mrs. Ragsdale informed the Board that the property does not have enough road frontage to be subdivided into two lots. Mr. Horne asked if under A-1 if there is a limit to mobile homes that can be placed on the property. Mrs. Ragsdale stated that A-1 allows for two dwellings - they can be stick built homes, modular homes, single-wide and double wide homes. She stated the property is currently zoned RC-1 which allows for one dwelling that can be stick-built, modular, single-wide or double-wide manufactured homes. Mr. Horne asked if under A-1 if it could ever be more than two. Mrs. Ragsdale stated that there can only be two. Mr. Waters asked if since it is currently zoned RC -1, could put a manufactured home there now with no rezoning or special use permit. Mrs. Ragsdale said that is correct, they would only need a building permit. Next to speak was Robin Loeb. She stated that she was told by the applicants that they intended to put a mobile home park on the property and that being the case since the property is 7 acres that she thinks it can handle more than two dwellings. Mr. Waters stated that Mrs. Ragsdale has already said that no more than two dwellings can be placed on the property under A-1 zoning. Mrs. Ragsdale stated that A-1 and C-1 are the only two zoning districts that allow for two single family dwellings on the property. She also said that the only zoning designation that allows for more than two dwelling would be Residential Multi Family District or Residential Manufactured Housing Park. Mrs. Ragsdale stated that either of these zoning designations would not be consistent with the comprehensive plan, which designates this property as Agricultural and Rural residential, so she would not recommend that the property ever be rezoned to Residential Manufactured Housing Park as it would be considered illegal spot zoning. Denise Williams was next to speak. She is responsible for two parcels of land adjacent to this property. She stated that she is concerned with uses listed under A-1 zoning, what is allowed and what is not. She stated that one concern is the multi dwelling because there are neighbors just in front of them. She also stated that the land had mobile homes on it prior and the dwellings were allowed to significantly depreciate and lower property values. She stated that they were eyesores 7.1.a Packet Pg. 6 Attachment: 05_03_2022 Minutes nw (3187 : PC Minutes 05_03_2022) for the neighborhood, so something like that is a huge concern for her. Next to speak was Ted Kessler, stating that he has one of the largest frontages to this property and is concerned about what or may not happen, He stated that he has learned that if you own a piece of property that you can only put one dwelling on, you can come up here and ask for it to be changed and to him, this does not seem exactly right, but he is not making a decision, he is just disputing the case that concerns him since it is in his backyard. He also stated that he did not get a letter regarding the case, he heard it from neighbors. Mr. Waters asked Mrs. Ragsdale if there was any issue because he did not receive his letter before the meeting. Mrs. Ragsdale said that she had the receipt where the letter was sent out and suggested that he should follow up with the post office about not receiving it. Mrs. Mease asked the certified letter had to be signed for by the recipient to show it has been received. Mrs. Ragsdale said that all rezoning notifications are sent out certified as required by state law. Mr. Haymore closed the public hearing at 7:18 p.m. Mr. Waters thanked everyone for coming out to speak on behalf of this case. He has spoken with Mrs. Eanes and Mrs. Ragsdale to get clarification on what is planned. He stated that nothing was immediately planned but that they were just seeking to rezone at this time. He said that Mrs. Ragsdale had assured him that there will not be a mobile home park on this property. A motion was made by Mr. Waters, seconded by Mrs. Mease, to recommend the Board of Supervisors grant the rezoning request. Motion passed by seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 2. Public Hearing: Case R-22-009 Ronnie Warren; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Oakes) Mr. Haymore opened the public hearing at 7:20 p.m. Mrs. Ragsdale, Director of Community Development, reported that Ronnie Warren, had petitioned to rezone 2.91 acres, in the Tunstall Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for an accessory building to be placed on the property for his personal use. Ronnie Warren was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:22 p.m. A motion was made by Mr. Oakes, seconded by Mr. Dalton, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Gary Oakes, Member - Tunstall District SECONDER: Darrell Dalton, Board of Supervisors Rep AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 3. Public Hearing: Case R-22-015 Bradley and Shannon Mceowen ; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Henderson) Mr. Haymore opened the public hearing at 7:23 p.m. Mrs. Ragsdale, Director of Community Development, reported that Bradley & Shannon Mceowen, had petitioned to rezone 34.9 acres, 7.1.a Packet Pg. 7 Attachment: 05_03_2022 Minutes nw (3187 : PC Minutes 05_03_2022) located on Halifax Road in the Banister Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural uses. Bradley Mceowen was present to represent the petition. Mr. Horne asked what agricultural uses it would be used for. Mr. Mceowen said they would like to fence in some of the property to have the appropriate horse acreage ratio to keep their land in good shape. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:25 p.m. A motion was made by Mrs. Henderson, seconded by Mr. Horne, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 4. Case S-22-005 Louise Morrison; Special Use Permit for a Doublewide Mobile Home (Henderson) Mr. Haymore opened the public hearing at 7:26 p.m. Mrs. Ragsdale, Director of Community Development, reported that Joseph & Louise Morrison, petitioned for a Special Use Permit for placement of a Double-Wide home on 1.0 acres, located at 705 Telegraph Road in the Banister Election District. Julisha Murphy was present to represent the petition. Mr. Horne asked what was currently on the property. Ms. Murphy said there had been a stick-built home on the property, but it was destroyed by fire in January of this year. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:27 p.m. A motion was made by Mrs. Henderson, seconded by Mrs. Mease, 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: Colette Henderson, Member - Banister District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 5. Case S-22-007 Sally Norcutt; Special Use Permit for a Singlewide Mobile Home Mr. Haymore opened the public hearing at 7:28 p.m. Mrs. Ragsdale, Director of Community Development, reported that Sally Norcutt, petitioned for a Special Use Permit for placement of a Single-Wide home on 3.28 acres, located on Motley Road in the Banister Election District. Sally Norcutt was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:29 p.m. A motion was made by Mrs. Henderson, seconded by Mr. Dalton, to recommend the Board of Zoning Appeals grant the Special use Permit. Motion passed by a seven (7) to zero (0) vote. 7.1.a Packet Pg. 8 Attachment: 05_03_2022 Minutes nw (3187 : PC Minutes 05_03_2022) RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Darrell Dalton, Board of Supervisors Rep AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 6. Case S-22-008 Green Genie LLC; Special Use Permit for a Recreational Use (ATV Trails) (Henderson) Mr. Haymore opened the public hearing at 7:32 p.m. Mrs. Ragsdale, Director of Community Development, reported that Green Genie, LLC, petitioned for a Special Use Permit for recreational use (ATV Trails), located on Elkhorn Road in the Banister Election District. A representative from Green Genie, LLC, was present to represent the petition. He stated that they were adding to existing ATV trails on property they have just acquired. Mr. Oakes asked how far the trails would be from homes that were on adjacent properties. The representative stated that the trails would be kept at least 100 feet from all adjacent property lines. Mr. Waters stated that the conditions state 100-foot vegetative buffer. Mrs. Ragsdale said that it would have to meet the ordinance regulation for a vegetative buffer, if there is existing vegetation there, it would be left. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:38 p.m. A motion was made by Mrs. Henderson, seconded by Mr. Dalton, to recommend the Board of Zoning Appeals that the Special Use Permit be granted with conditions. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Darrell Dalton, Board of Supervisors Rep AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker OLD BUSINESS There was no old business. NEW BUSINESS There will be five (5) rezoning cases and two (2) Special Use Permits for June. There will also be a variance but won't hold a public hearing, but state code requires the variance application is presented to the board before going to the Board of Zoning Appeals, so they can make a recommendation if they choose to do so. Yearly training will be held Monday May 9th at 5 pm before the Board of Zoning Appeals meeting. ADJOURNMENT The meeting was adjourned at 7:43 p.m. 7.1.a Packet Pg. 9 Attachment: 05_03_2022 Minutes nw (3187 : PC Minutes 05_03_2022) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-013 Nguyen Properties, LLC District: Tunstall District Election District Zoning Request: RC-1 to MHP Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by Nguyen Properties, LLC, as the contract purchaser, to rezone property located on State Road 1058/Oakwood Drive, in the Tunstall Election District and shown on the Tax Maps as GPIN # 1368-26-8391. The applicants are requesting to rezone 6.25 acres, from RC-1, Residential Combined Subdivision District, to MHP, Residential Manufactured Housing Park District, to allow for a mobile housing park on the property. BACKGROUND/DISCUSSION Nguyen Properties, LLC, contract purchaser, is requesting to rezone a total of 6.25 acres from RC-1, Residential Combined Subdivision District, to MHP, Residential Manufactured Housing Park District, to allow for the expansion of a current legal non-conforming use. When Zoning was adopted in 1991, multiple mobile homes were located on the property. Because a zoning classification of RC-1 was assigned, the mobile homes became a legal nonconforming use. According to Pittsylvania County Code § 35-164, non-conforming uses cannot be expanded or enlarged unless they can be brought into compliance. In order to bring this property into compliance, the property would need to be rezoned to MHP. Additionally, Pittsylvania County Code § 35-164 states that any activity, use or structure that is discontinued for more than two (2) years, it shall be deemed abandoned and must conform to the regulations of the current regulations; therefore, any lots that have not been occupied for more than two (2) years have lost the right to be occupied, further reducing the number of lots within the legal non-conforming park. The applicant has a contract to purchase the property with the intentions to resume the use as a mobile home park. In 1998, an application to rezone the property was submitted and ultimately denied due to opposition from the neighboring property owners. Once the property is rezoned to MHP, all uses listed under Section 35-317 are a permitted use. The property would also be subject to Pittsylvania County Code Chapter 28 Manufactured Housing Park. 9.1 Packet Pg. 10 FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to RC-1, Residential Combined Subdivision District, and R-1, Residential Suburban Subdivision District, properties. RECOMMENDATION Staff recommends DENIAL of Case R-22-013, submitted by Nguyen Properties, LLC, requesting to rezone a total of 6.25 acres located State Road 1058/Oakwood Drive, in the Tunstall Election District and shown on the Tax Map as GPIN# 1368-26-8391, from RC-1, Residential Combined Subdivision District, to MHP, Residential Manufactured Housing Park District, to allow for a mobile housing park on the property. The subject property is not adjacent to any other properties currently zoned MHP, Residential Manufactured Housing Park District and while the rezoning would be consistent with the Comprehensive Plan, Staff has received multiple concerns and objections from adjacent property owners. Additionally, the entrance to this property would need to be upgraded to a commercial entrance. VDOT does not feel that the site distance requirements can be met, and therefore they would not approve a commercial entrance at this location. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-013 as submitted. 2. Recommend denial of Case R-22-013 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.1 Packet Pg. 11 9.1.a Packet Pg. 12 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 13 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 14 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 15 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 16 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 17 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 18 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 19 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 20 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 21 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 22 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 23 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 24 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 25 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 26 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 27 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 28 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 29 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 30 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 31 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 32 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 33 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 34 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 35 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 36 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.a Packet Pg. 37 Attachment: R-22-013 Nguyen App (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) 9.1.b Packet Pg. 38 Attachment: R-22-013 Nguyen Map (3178 : Public Hearing: Case R-22-013 Nguyen Properties, LLC) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-016 Jasmin Ruiz District: Callands-Gretna Election District Zoning Request: B-2 to R-1 Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by Jasmin Ruiz, to rezone property located on State Road 799/Climax Road, in the Callands-Gretna Election District and shown on the Tax Maps as GPIN #s 1498-33-4405, 1498- 33-3555, and 1498-33-2683. The applicant is requesting to rezone a total of 2.16 acres, from B-2, Business District, General, to R-1, Residential Suburban Subdivision District, to allow the property to be used as a single-family dwelling. BACKGROUND/DISCUSSION Jasmin Ruiz is requesting to rezone a total of 2.16 acres from B-2, Business District General, to R-1, Residential Suburban Subdivision District, to allow the property to be used as a single- family dwelling. The property was originally zoned R-1, and the building was constructed as a single-family dwelling but was rezoned to B-2, Business District, General, and converted to a day care facility in 2013. Pittsylvania County Code § 35-365 only allows for residential uses to be located on a property with an active business. The business on the property was discontinued prior to the property being purchased by the applicant. On February 25, 2022, the Code Official for Pittsylvania County sent a letter to the property owner notifying her that a Building Permit was required to set the two accessory structures that had been placed on her property. When the applicant came into the office to obtain a building permit, such permit could not be issued because the buildings had been placed over property lines. Additionally, the applicant was also notified at the time that the property was zoned B-2, Business District, General and could not be used as a single-family dwelling. The applicant is requesting to rezone the subject property from B-2, Business District, General, to R-1, Residential Suburban Subdivision District, to allow the structure to be occupied as a single- family dwelling. If the rezoning is approved, the property will need to be resurveyed in order to consolidate the three (3) subject properties. Once that is recorded, a building permit can be issued for the accessory structures and needed modifications to the existing structure to convert it back to a dwelling. 9.2 Packet Pg. 39 Once the properties are rezoned to R-1, all uses listed under Section 35-222 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to B-1, Business District, Limited, A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, properties. RECOMMENDATION Staff recommends APPROVAL of Case R-22-016, submitted by Jasmin Ruiz, requesting to rezone a total of 2.1 acres located on State Road 799/Climax Road, in the Callands-Gretna Election District and shown on the Tax Map as GPIN#s 1498-33-4405, 1498-33-3555 & 1498- 33-2683 to allow the property to be used as a single-family dwelling. The subject properties are adjacent to properties currently zoned R-1, Residential Suburban Subdivision District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-016 as submitted. 2. Recommend denial of Case R-22-016 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.2 Packet Pg. 40 9.2.a Packet Pg. 41 Attachment: R-22-016 Jasmin Ruiz App (3177 : Public Hearing: Case R-22-016 Jasmin Ruiz) 9.2.a Packet Pg. 42 Attachment: R-22-016 Jasmin Ruiz App (3177 : Public Hearing: Case R-22-016 Jasmin Ruiz) 9.2.a Packet Pg. 43 Attachment: R-22-016 Jasmin Ruiz App (3177 : Public Hearing: Case R-22-016 Jasmin Ruiz) 9.2.a Packet Pg. 44 Attachment: R-22-016 Jasmin Ruiz App (3177 : Public Hearing: Case R-22-016 Jasmin Ruiz) 9.2.a Packet Pg. 45 Attachment: R-22-016 Jasmin Ruiz App (3177 : Public Hearing: Case R-22-016 Jasmin Ruiz) 9.2.a Packet Pg. 46 Attachment: R-22-016 Jasmin Ruiz App (3177 : Public Hearing: Case R-22-016 Jasmin Ruiz) 9.2.a Packet Pg. 47 Attachment: R-22-016 Jasmin Ruiz App (3177 : Public Hearing: Case R-22-016 Jasmin Ruiz) 9.2.b Packet Pg. 48 Attachment: R-22-016 Jasmin Ruiz Map (3177 : Public Hearing: Case R-22-016 Jasmin Ruiz) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-017 Bradley and Heather Barron District: Callands-Gretna Election District Zoning Request: RE to A-1 Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by Bradley and Heather Barron, to rezone property located on Atlantic Timber Lane, in the Callands-Gretna Election District and shown on the Tax Maps as GPIN #s 1580-15-0109, 1580-05-8478, and 1580-05-7851. The applicants are requesting to rezone a total of 23.81 acres, from RE, Residential Estates District, to A-1, Agricultural District, to allow for the placement of an accessory structure and a Class B Home Occupation. BACKGROUND/DISCUSSION While conducting an inspection relating to a Building Permit issued to install a 100-amp subpanel for an accessory structure, the Building Inspector noticed additional HVAC and plumbing work had been completed without the necessary permits or inspections and that the building had been placed in the front yard. Because the building had been placed in the front yard, violating Pittsylvania County Code § 35-74 (2)(b) which states “no detached accessory building may be located in the front yard of a lot” in residential districts. The property is currently zoned RC-1, therefore, requiring the building to be placed in the side or rear yard. The applicants are requesting to rezone the subject property from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to allow the accessory structure to remain in the current location. If the rezoning is approved, the structure would meet the required front yard setback and would be allowed to remain. When the property owners were contacted regarding the additional work completed without the necessary permits, they stated that the building would be used as part of their Home Occupation. The applicants currently breed both dogs and cats. While Pittsylvania County Code exempts kennels that are operating as an accessory to a single-family dwelling from the definition of a Commercial Kennel, therefore, treating that use as a Home Occupation, Pittsylvania County Code § 35-268 requires a Special Use Permit for a Class B Home Occupation. The Zoning Ordinance defines a Class B Home Occupation as “an occupation conducted in a dwelling unity for profit, with or without the use of one or more accessory structures.” If the property is rezoned, the accessory structure could remain, and the Class B Home Occupation would be 9.3 Packet Pg. 49 permitted by right. At that time, a building permit could be issued, bringing this structure into compliance. Once the properties are rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to properties zoned A-1, Agricultural District and RE, Residential Estates District properties. RECOMMENDATION Staff recommends APPROVAL of Case R-22-017, submitted by Bradley and Heather Barron, requesting to rezone a total of 23.81 acres located on Atlantic Timber Lane, in the Callands- Gretna Election District and shown on the Tax Map as GPIN#s 1580-15-0109, 1580-05-8478 & 1580-05-7851 to allow for the placement of an accessory structure and a Class B Home Occupation. The subject properties are adjacent to properties currently zoned A-1 Agricultural District, and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-017 as submitted. 2. Recommend denial of Case R-22-017 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.3 Packet Pg. 50 9.3.a Packet Pg. 51 Attachment: R-22-017 Barron App (3179 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 9.3.a Packet Pg. 52 Attachment: R-22-017 Barron App (3179 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 9.3.a Packet Pg. 53 Attachment: R-22-017 Barron App (3179 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 9.3.a Packet Pg. 54 Attachment: R-22-017 Barron App (3179 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 9.3.a Packet Pg. 55 Attachment: R-22-017 Barron App (3179 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 9.3.a Packet Pg. 56 Attachment: R-22-017 Barron App (3179 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 9.3.a Packet Pg. 57 Attachment: R-22-017 Barron App (3179 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 9.3.b Packet Pg. 58 Attachment: R-22-017 Barron Map (3179 : Public Hearing: Case R-22-017 Bradley and Heather Barron) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-018 Robert and Angela Carlberg District: Staunton River Election District Zoning Request: R-1 to A-1 Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by Robert and Angela Carlberg, to rezone property located on Reservoir View Drive, in the Staunton River Election District and shown on the Tax Maps as GPIN # 1593-88-9579. The applicants are requesting to rezone a total of 10.41 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for the placement of an accessory structure. BACKGROUND/DISCUSSION Robert & Angela Carlberg are requesting to rezone a total of 10.41 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for the placement of an accessory building in the front yard. Pittsylvania County Code § 35-74 (2)(b) states “no detached accessory building may be located in the front yard of a lot” in residential districts. The property is currently zoned R-1, therefore, requiring the building to be placed in the side or rear yard. Based on the location of the applicants’ dwelling, an accessory structure could not be placed on the property and meet both the location requirements and the required setbacks. If the rezoning is approved, the structure would meet the required front yard setback. If the rezoning is denied, a Variance would need to be issued to allow the placement of an accessory structure. Staff feels that this issue is best resolved through a rezoning process. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District properties. 9.4 Packet Pg. 59 RECOMMENDATION Staff recommends APPROVAL of Case R-22-018, submitted by Robert & Angela Carlberg, are requesting to rezone a total of 10.41 acres located on Reservoir View Drive, in the Staunton River Election District and shown on the Tax Map as GPIN# 1593-88-9579, to allow for placement of an accessory building. While the rezoning would not be consistent with the Comprehensive Plan, the subject property is adjacent to properties currently zoned A-1, Agricultural District, so the rezoning would not be considered Illegal Spot Zoning. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-018 as submitted. 2. Recommend denial of Case R-22-018 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit Adjacent Parcel Owners 9.4 Packet Pg. 60 9.4.a Packet Pg. 61 Attachment: R-22-018 Carlberg App (3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg) 9.4.a Packet Pg. 62 Attachment: R-22-018 Carlberg App (3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg) 9.4.a Packet Pg. 63 Attachment: R-22-018 Carlberg App (3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg) 9.4.a Packet Pg. 64 Attachment: R-22-018 Carlberg App (3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg) 9.4.a Packet Pg. 65 Attachment: R-22-018 Carlberg App (3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg) 9.4.a Packet Pg. 66 Attachment: R-22-018 Carlberg App (3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg) 9.4.a Packet Pg. 67 Attachment: R-22-018 Carlberg App (3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg) 9.4.b Packet Pg. 68 Attachment: R-22-018 Carlberg Map (3180 : Public Hearing: Case R-22-018 Robert and Angela Carlberg) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-019 Industrial Development Authority of Pittsylvania County, Virginia District: Tunstall District Election District Zoning Request: M-1 to M-2 Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by the Industrial Development Authority of Pittsylvania County, Virginia, to rezone property located on Brosville Industrial Trail, in the Tunstall Election District and shown on the Tax Maps as GPIN #1368-56-4743. The applicants are requesting to rezone a total of 36.5 acres, from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more intense industrial uses. BACKGROUND/DISCUSSION Industrial Development Authority Pittsylvania County is requesting to rezone a total of 36.5 acres from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more intense industrial uses. This property is located in the Brosville Industrial Park. As economic development prospects from various manufacturing fields look for development opportunities within Pittsylvania County, the Industrial Development Authority would like to be able to offer this property for more intensive industrial uses. Without properties zoned M-2 that can be offered to prospects, the County could miss out on larger economic development opportunities. Once the property is rezoned to M-2, all uses listed under Section 35-402 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Mixed Commercial/Industrial. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and M-1, Industrial District, Light Industry, and M-2, Industrial District, Heavy Industry, zoned properties. 9.5 Packet Pg. 69 RECOMMENDATION Staff recommends APPROVAL of Case R-22-019, submitted by Industrial Development Authority Pittsylvania County, is requesting to rezone a total of 36.5 acres located at Brosville Industrial Trail, in the Tunstall Election District and shown on the Tax Map as GPIN# 1368-56- 4743, to allow for more intensive industrial uses. The subject property is adjacent to properties currently zoned M-2, Industrial District, Heavy Industry, and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-019 as submitted. 2. Recommend denial of Case R-22-019 as submitted. ATTACHMENTS: A. Application B. Map C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.5 Packet Pg. 70 9.5.a Packet Pg. 71 Attachment: R-22-019 IDA App (3184 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 9.5.a Packet Pg. 72 Attachment: R-22-019 IDA App (3184 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 9.5.a Packet Pg. 73 Attachment: R-22-019 IDA App (3184 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 9.5.a Packet Pg. 74 Attachment: R-22-019 IDA App (3184 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 9.5.a Packet Pg. 75 Attachment: R-22-019 IDA App (3184 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 9.5.a Packet Pg. 76 Attachment: R-22-019 IDA App (3184 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 9.5.b Packet Pg. 77 Attachment: R-22-019 IDA Map (3184 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-023 Industrial Development Authority of Pittsylvania County, Virginia District: Dan River Election District Zoning Request: M-1 to M-2 Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by the Industrial Development Authority of Pittsylvania County, Virginia, to rezone property located on State Road 1299/Cane Creek Parkway, in the Dan River Election District and shown on the Tax Maps as GPIN #2347-69-4959. The applicants are requesting to rezone a total of 51.04 acres, from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more intense industrial uses. BACKGROUND/DISCUSSION Industrial Development Authority Pittsylvania County is requesting to rezone a total of 51.04 acres from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more intense industrial uses. This property is located in the Cane Creek Industrial Park. As economic development prospects from various manufacturing fields look for development opportunities within Pittsylvania County, the Industrial Development Authority would like to be able to offer this property for more intensive industrial uses. Without properties zoned M-2 that can be offered to prospects, the County could miss out on larger economic development opportunities. Once the property is rezoned to M-2, all uses listed under Section 35-402 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Industrial and Medium to High Density Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and M-1, Industrial District, Light Industry, and R-1, Residential Suburban Subdivision District zoned properties. 9.6 Packet Pg. 78 RECOMMENDATION Staff recommends APPROVAL of Case R-22-023, submitted by Industrial Development Authority Pittsylvania County, is requesting to rezone a total of 51.04 acres located at State Road 1299/Cane Creek Parkway, in the Dan River Election District and shown on the Tax Map as GPIN# 2347-69-4959, to allow for more intensive industrial uses. The rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-023 as submitted. 2. Recommend denial of Case R-22-023 as submitted. ATTACHMENTS: A. Application B. Map C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.6 Packet Pg. 79 9.6.a Packet Pg. 80 Attachment: R-22-023 IDA App (3185 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 9.6.a Packet Pg. 81 Attachment: R-22-023 IDA App (3185 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 9.6.a Packet Pg. 82 Attachment: R-22-023 IDA App (3185 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 9.6.a Packet Pg. 83 Attachment: R-22-023 IDA App (3185 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 9.6.a Packet Pg. 84 Attachment: R-22-023 IDA App (3185 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 9.6.a Packet Pg. 85 Attachment: R-22-023 IDA App (3185 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 9.6.a Packet Pg. 86 Attachment: R-22-023 IDA App (3185 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 9.6.b Packet Pg. 87 Attachment: R-22-023 IDA Map (3185 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 22-009 Mark Blanchet District: Tunstall District Election District Zoning Request: SUP Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by Mark Blanchet, for a Special Use Permit for a campground in accordance with Pittsylvania County Code § 35-179. The property is a total of 19.76 acres, located on State Road 58/Martinsville Highway, in the Tunstall Election District and shown on the Tax Maps as GPIN #s 1339-96-3346, 1339-85-8747, 1339-85-7611, and 1339-95-0733. BACKGROUND/DISCUSSION Mark Blanchet is requesting a Special Use Permit to operate a campground on the subject properties. The properties were previously occupied by a legal nonconforming mobile home park. Community Development was notified that campers were being placed on the property, violating Pittsylvania County Code §35-86 that requires campers to be located within an approved campground. Prior to Staff being able to cite the property owner, Mr. Blanchett contacted the Community Development office as the new property owner, inquiring about expanding the number campsites. Once the violation was brought to his attention, he submitted this application to rezone the property to A-1 in preparation for applying for a Special Use Permit to operate a campground in accordance with PCC § 35-179. The rezoning was approved on April 19, 2022 by the Board of Supervisors. If the Special Use Permit is granted, a permit will still need to be issued by the Virginia Department of Health before the property could be used as a campground. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by properties zoned RC-1, Residential Combined Subdivision District, A-1, Agricultural District, and R-1, Residential Suburban Subdivision District. SITE DEVELOPMENT PLAN Included in the packet. RECOMMENDATION Staff recommends APPROVAL of Case S-22-009 with the following conditions: 9.7 Packet Pg. 88 1. Any future expansion will require Site Plan approval by the Pittsylvania County Community Development Office to ensure compliance with all applicable Zoning regulations. 2. Must remain in compliance with all applicable Virginia Department of Health regulations. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-009 as submitted. 2. Recommend approval of Case S-22-009 subject to conditions by Staff. 3. Recommend approval of Case S-22-009 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-22-009 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.7 Packet Pg. 89 9.7.a Packet Pg. 90 Attachment: S-22-009 Blanchet App (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.a Packet Pg. 91 Attachment: S-22-009 Blanchet App (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.a Packet Pg. 92 Attachment: S-22-009 Blanchet App (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.a Packet Pg. 93 Attachment: S-22-009 Blanchet App (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.a Packet Pg. 94 Attachment: S-22-009 Blanchet App (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.a Packet Pg. 95 Attachment: S-22-009 Blanchet App (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.a Packet Pg. 96 Attachment: S-22-009 Blanchet App (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.b Packet Pg. 97 Attachment: S-22-009 Blanchet Map (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.c Packet Pg. 98 Attachment: S-22-009 Blanchett Site Plan (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.c Packet Pg. 99 Attachment: S-22-009 Blanchett Site Plan (3183 : Public Hearing: Case S-22-009 Mark Blanchet) 9.7.c Packet Pg. 100 Attachment: S-22-009 Blanchett Site Plan (3183 : Public Hearing: Case S-22-009 Mark Blanchet) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 22-010 Debra Goodwin District: Tunstall District Election District Zoning Request: SUP Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by Debra Goodwin, for a Special Use Permit for the placement of a double-wide mobile home in accordance with Pittsylvania County Code § 35-223. The property is 1.56 acres, located on State Road 718/Dry Fork Road in the Tunstall Election District and shown on the Tap Maps as GPIN # 2413-53-5665. BACKGROUND/DISCUSSION Donna Clay is requesting a Special Use Permit to allow for placement of a double-wide mobile home on the subject property to be used as a personal residence. Pittsylvania County Code § 35- 223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently occupied by a single-family dwelling that is in the process of being demolished. There are other manufactured 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 Surrounded by properties zoned R-1, Residential Suburban Subdivision District. SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-22-010 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-010 as submitted. 2. Recommend approval of Case S-22-010 subject to conditions by the Planning Commission. 3. Recommend denial of Case S-22-010 as submitted. 9.8 Packet Pg. 101 ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.8 Packet Pg. 102 9.8.a Packet Pg. 103 Attachment: S-22-010 Goodwin App (3181 : Public Hearing: Case S-22-010 Debra Goodwin) 9.8.a Packet Pg. 104 Attachment: S-22-010 Goodwin App (3181 : Public Hearing: Case S-22-010 Debra Goodwin) 9.8.a Packet Pg. 105 Attachment: S-22-010 Goodwin App (3181 : Public Hearing: Case S-22-010 Debra Goodwin) 9.8.a Packet Pg. 106 Attachment: S-22-010 Goodwin App (3181 : Public Hearing: Case S-22-010 Debra Goodwin) 9.8.a Packet Pg. 107 Attachment: S-22-010 Goodwin App (3181 : Public Hearing: Case S-22-010 Debra Goodwin) 9.8.a Packet Pg. 108 Attachment: S-22-010 Goodwin App (3181 : Public Hearing: Case S-22-010 Debra Goodwin) 9.8.b Packet Pg. 109 Attachment: S-22-010 Goodwin Map (3181 : Public Hearing: Case S-22-010 Debra Goodwin) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 22-012 Donna Clay District: Dan River Election District Zoning Request: SUP Agenda Date: June 07, 2022 Meeting History: SUBJECT Requested by Donna Clay for a Special Use Permit for a Public Garage. The property 5.5 acres, located on State Road 1246/Evangel Drive, in the Dan River Election District and shown on the Tap Map as GPIN # 2346-54-4290. BACKGROUND/DISCUSSION On April 25, 2022, Community Development staff issued a violation letter to Donna Clay for the number of inoperable vehicles on the property. When Mr. Clay contacted the Community Development Office, he mentioned that he was operating a public garage on the subject property. The subject property is currently zoned R-1, Residential Suburban Subdivision District. Under Pittsylvania County Code § 35-223, a Special Use Permit is required for public garages under the R-1 zoning classification. The applicant stated that the garage was not in operation prior to the adoption of the Zoning Ordinance in 1991 so it is not considered a legal non-conforming use. In order to continue operating, a Special Use Permit for a public garage must be granted. If a Special Use Permit is granted, the storage of inoperable vehicles would be governed by the Pittsylvania County Code- Commercial, Chapter 9. The property is currently occupied by a single-family dwelling and a shop. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by properties zoned R-1, Residential Suburban Subdivision District, and M-2, Industrial District, Heavy Industry. SITE DEVELOPMENT PLAN An existing building will be used for this operation. RECOMMENDATION Staff recommends APPROVAL of Case S-22-012 with the following conditions: 1. Repair activities shall be contained within an enclosed structure. 9.9 Packet Pg. 110 2. Inoperable vehicles shall comply with Chapter 9 of the Pittsylvania County Code and must be stored in an area screened in accordance with PCC § 35-121. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-012 as submitted. 2. Recommend approval of Case S-22-012 subject to conditions by Staff. 3. Recommend approval of Case S-22-012 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-22-012 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.9 Packet Pg. 111 9.9.a Packet Pg. 112 Attachment: S-22-012 Clay App (3182 : Public Hearing: Case S-22-012 Donna Clay) 9.9.a Packet Pg. 113 Attachment: S-22-012 Clay App (3182 : Public Hearing: Case S-22-012 Donna Clay) 9.9.a Packet Pg. 114 Attachment: S-22-012 Clay App (3182 : Public Hearing: Case S-22-012 Donna Clay) 9.9.a Packet Pg. 115 Attachment: S-22-012 Clay App (3182 : Public Hearing: Case S-22-012 Donna Clay) 9.9.a Packet Pg. 116 Attachment: S-22-012 Clay App (3182 : Public Hearing: Case S-22-012 Donna Clay) 9.9.a Packet Pg. 117 Attachment: S-22-012 Clay App (3182 : Public Hearing: Case S-22-012 Donna Clay) 9.9.a Packet Pg. 118 Attachment: S-22-012 Clay App (3182 : Public Hearing: Case S-22-012 Donna Clay) 9.9.b Packet Pg. 119 Attachment: S-22-012 Clay Map (3182 : Public Hearing: Case S-22-012 Donna Clay) Planning Commission STAFF SUMMARY Case: Public Hearing: Case V- 22-001 Tynesha Breedlove District: Westover District Election District Zoning Request: Variance Agenda Date: June 07, 2022 Meeting History: BACKGROUND: Requested by Tynesha Breedlove, for a Variance to Section 35-226. MINIMUM YARD DIMENSIONS. (A.) Front Setback, Setback from the nearest point on house or principal structure (including porches or stoops or any accessory building) shall be thirty-five (35) feet from the edge of right-of-way. The property is located on State Road 1555/Fox Trail Road, in the Westover Election District and shown on the Tax Map as GPIN# 2309-11-4940. DISCUSSION: The subject property is currently zoned R-1, Residential Suburban Subdivision District. The Pittsylvania County Code § 35-226 MINIMUM YARD DIMENSIONS. (A.) Front Setback, states “Setback from the nearest point on house or principal structure (including porches or stoops or any accessory building) shall be thirty-five (35) feet from the edge of right of way.” The majority of the property falls within the floodplain as determined by FEMA. Regulations in the Uniform Statewide Building Code (“USBC”) and Pittsylvania County Code, Chapter 23, Flood Plain Management, require the dwelling to be constructed outside of the Floodplain. Additionally, Virginia Department of Environmental Health regulations regarding the placement of the septic system and associated drain fields and the setback requirements set forth in Virginia State Regulations further restrict where the structure can be placed. Due to the various regulations that must be met and the size and shape of the portion of the lot that is out of the floodplain, the applicant is requesting a variance of eleven (11) feet from the required thirty-five (35) foot setback. CRITERA ANALYSIS Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, 11.1 Packet Pg. 120 1. The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; The hardship claimed by the applicant is due to the size and shape of the property and the vast percentage that falls within the floodplain. The property is narrow and almost three (3) quarters of the it falls within the floodplain. Soil work conducted dictated when the septic system had to be located, further restricting where the dwelling could be placed. Therefore, this application does meet this criterion. 2. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; The properties in this area are residential and the variance of eleven (11) feet would not negatively impact adjacent property owners or impact site distances for traffic on this low volume roadway. Therefore, this application does meet this criterion. 3. The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; Generally, properties that share this zoning classification can meet the required setbacks. This property cannot due to the percentage of the property within the floodplain. Most properties with this zoning designation are either not adjacent to a floodplain or are minimally impacted. Therefore, this application does meet this criterion. 4. The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; The granting of a variance does not change the zoning classification or allow for a use that is not otherwise permitted. Therefore, this application does meet this criterion. 5. The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of § 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision A 4 of § 15.2-2286 at the time of the filing of the variance application. The special exception process does not apply to this situation. An amendment to the Zoning Ordinance is not needed for this situation as the need for this variance is due to the narrowness of the subject property and the percentage of the property that falls within the floodplain. Therefore, this application does meet this criterion. This variance request meets five (5) of the five (5) criteria needed to grant a variance. SITE DEVELOPMENT PLAN N/A ATTACHMENTS A. Application 11.1 Packet Pg. 121 B. Map C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 11.1 Packet Pg. 122 11.1.a Packet Pg. 123 Attachment: V-22-001 Breedlove App (3186 : Public Hearing: Case V-22-001 Tynesha Breedlove) 11.1.a Packet Pg. 124 Attachment: V-22-001 Breedlove App (3186 : Public Hearing: Case V-22-001 Tynesha Breedlove) 11.1.a Packet Pg. 125 Attachment: V-22-001 Breedlove App (3186 : Public Hearing: Case V-22-001 Tynesha Breedlove) 11.1.a Packet Pg. 126 Attachment: V-22-001 Breedlove App (3186 : Public Hearing: Case V-22-001 Tynesha Breedlove) 11.1.a Packet Pg. 127 Attachment: V-22-001 Breedlove App (3186 : Public Hearing: Case V-22-001 Tynesha Breedlove) 11.1.a Packet Pg. 128 Attachment: V-22-001 Breedlove App (3186 : Public Hearing: Case V-22-001 Tynesha Breedlove) 11.1.a Packet Pg. 129 Attachment: V-22-001 Breedlove App (3186 : Public Hearing: Case V-22-001 Tynesha Breedlove) 11.1.b Packet Pg. 130 Attachment: V-22-001 Breedlove Map (3186 : Public Hearing: Case V-22-001 Tynesha Breedlove)