Loading...
10-18-2022 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, October 18, 2022 – 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (7:00 PM) 2. ROLL CALL 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE 5. AGENDA ITEMS TO BE ADDED 6. APPROVAL OF AGENDA 7. CONSENT AGENDA a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. County's 2022 September Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Resolution # 2022-10-01 (PRP Composition Revision) Adoption (Staff Contact: Kaylyn M. McCluster) d. Martinsville Southern Connector Route Funding Support Letter Submission Approval (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2022-10-02 (Honoring Timothy Peters) Adoption (Staff Contact: Kaylyn M. McCluster) f. Hurricane Ian Storm Debris County Landfill Tipping Fees Waiver Approval Ratification (Staff Contact: Christopher C. Slemp) g. SR RIFA MOA Agreement (Stormwater Management) Approval (Staff Contact: Matthew D. Rowe) h. Purchase of Service Weapon Approval (Investigator Marvin Pickeral Retirement); (Contact: Sheriff Taylor) Business Meeting - October 18, 2022 8. PRESENTATIONS a. General Presentations (Board of Supervisors) b. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) 9. HEARING OF THE 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. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations 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. Case 1: Public Hearing: Case R-22-028: Carroll Dinkle; ; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Dudley) Case 2: Public Hearing: Case R-22-030: Randell and Tammy Rich; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Ingram) Case 3: Public Hearing: Case R-22-031: City of Danville, Virginia; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Ingram) Business Meeting - October 18, 2022 Case 4: Public Hearing: Case R-22-029: J Cubas Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 5-3 vote, with opposition, that the Petitioner's request be granted. (Supervisor Scearce) B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, 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; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: October 18, 2022 Item Number: 7.a Attachment(s): 09-20-2022 Finance Committee Meeting - DRAFT 09-20-2022 Work Session - DRAFT 09-20-2022 Business Meeting - DRAFT 10-05-2022 Called Meeting - DRAFT Reviewed By: SUMMARY: For the Board’s review and consideration, attached are the following Board Meeting Minutes: (1) 09/20/2022 (Finance Committee); (2) 09/20/2022 (Work Session); (3) 09/20/2022 (Business Meeting); and (4) 10/05/2022 (Called Meeting). FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt the Board Meeting Minutes as attached and presented. MOTION: “I make a Motion to adopt the Board Meeting Minutes as attached and presented.” 7.a Packet Pg. 4 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ FINANCE COMMITTEE September 20, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Finance Committee was held on September 20, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia, 24531. CALL TO ORDER (2:00 PM) Dalton called the Meeting to Order at 2:00 PM. Attendee Name Title Status Arrived Darrell Dalton Chairman - Callands-Gretna District Present 1:39 PM Tim Chesher Supervisor - Dan River District Present 1:39 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 1:43 PM Dudley, Scearce, and Warren are also in attendance. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Dalton, Chesher, Ingram NEW BUSINESS a. DCC Educational Funding Request (Presenter: Shannon Hair; DCC); (15 minutes) Shannon Hair presented Danville Community College’s (“DCC”) CDL Program funding request to the Board. Forty percent (40%) of DCC's enrollment is from the County. The cost for the CDL Simulator is $100,000, but DCC's request is $40,000 (or 40% of the total expenditure). This Program will help with the shortage of CDL drivers. Motion to send this item to the full Board for approval of the $40,000 for this simulator, contingent upon other localities funding the remaining amount. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Dalton, Chesher, Ingram b. Clerk’s Office New Position Funding Request (Contact: Hon. Mark Scarce); (5 minutes) Scarce stated he has nine (9) full time and one (1) part time positions funded by the Comp Board, and he has one (1) County funded position. He asked to fund another position to help in the back with the Deed Room. Scarce stated case numbers are down, but foot traffic is up. They have 7.a.a Packet Pg. 5 Attachment: 09-20-2022 Finance Committee Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee September 20, 2022 people coming in looking for deeds and such after the Reassessment. His Office recorded over 8,000 documents last year and brought in well over $600,000 that was passed on to the County. Fees that have been collected and passed on to the County this year is already over $526,000. They have also done 1,112 concealed gun permits this year, with $35 of each permit going to the County which is $38,920. The position he is asking for has a starting salary of $36,425. Motion to forward this item to the full Board for complete funding. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Dalton, Chesher, Ingram c. Horseshoe Road and Robin Court Water Improvements Discussion (Staff Contact: Chris Adcock); (15 minutes) In 2020, Adcock stated the Horseshoe Road and Robin Court Water Projects were two (2) items that were approved for funding with the ARPA allocation. His presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. Bids were received on September 16, 2022, and the low bid for construction cost for the entire Horseshoe Road water extension loop project was $2,045,897 from Classic City Mechanical. Adcock has received approximately sixty (60) commitments from Horseshoe Road property owners to pay $2,750 each towards the water extension project for a total amount of $165,000. Motion to recommend to the full Board approval of the reallocation of $965,000 of ARPA funds that were previously allocated to the Robin Court waterline extension to the Horseshoe Road waterline extension. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Dalton, Chesher, Ingram Motion to recommend to the full Board the approval of awarding the contract to Classic City Mechanical, Inc., for the Horseshoe Road waterline extension project in the amount of $2,045,894.00 RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Tim Chesher, Supervisor - Dan River District AYES: Dalton, Chesher, Ingram d. Capital Improvements Project Review (Staff Contact: Kimberly G. Van Der Hyde); (10 minutes) 7.a.a Packet Pg. 6 Attachment: 09-20-2022 Finance Committee Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee September 20, 2022 Section 8 of the County’s Budget Resolution, passed on April 11, 2022, covers appropriations for Capital Projects. As the Section states, “appropriations designated for Capital Projects will not lapse at the end of the Fiscal Year but shall remain appropriated until the completion of the Project or until the Board of Supervisors, by appropriate Ordinance or Resolution, changes or eliminates the appropriation.” The Board was provided with a list of Capital Improvement Projects that existed in the Capital Improvements Fund (Fund 310), Economic Development Fund (Fund 325), Water and Sewer Fund (Fund 501), and the Landfill Fund (Fund 520) in the FY 2020 County Budget, along with new Projects that were included in the FY 2023 Budget. e. FY23 Contingency Fund Discussion (Staff Contact: Kimberly G. Van Der Hyde) During the County Budget process, a total of $982,309 was placed in the Board’s Contingency Fund. Several items were budgeted here, because the Board had not decided about the funding of several items in Departmental Budgets. A total of $505,000 has been moved from the Contingency Line Item to match the DRF Grant for the County Administrator’s National Search ($5,000) and for the new General Reassessment being performed by Pearson’s Appraisal Services ($500,000). The balance currently stands at $477,309. Warren clarified there was no required match for the County Administrator Search; the contract was approved at an amount larger than what was received from the Grant. Van Der Hyde also stated the $48,934 for the Clerk’s position, and the $40,000 for DCC’s CDL simulator, would come from this contingency fund. Motion to recommend to the full Board approval of the Contingency funds as discussed in the Finance Committee. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Dalton, Chesher, Ingram f. 2023 Budget Amendments - FY 22 Carryover Funds Discussion (Staff Contact: Kimberly G. Van Der Hyde) Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of the County Budget Amendments appeared in the Chatham Star Tribune on August 31, 2022, which satisfies the seven (7)-day legal notice requirement. Motion to forward to the full Board to pull all Public Safety monies to be discussed separately, and to add the $153,000 for ETC ADA building upgrades to the 310 Account. 7.a.a Packet Pg. 7 Attachment: 09-20-2022 Finance Committee Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee September 20, 2022 RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Dalton, Chesher, Ingram MATTERS FROM COMMITTEE MEMBERS None. ADJOURNMENT Dalton adjourned the Meeting at 3:12 PM. 7.a.a Packet Pg. 8 Attachment: 09-20-2022 Finance Committee Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION September 20, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on September 20, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (3:30 PM) Ingram called the Meeting to Order at 3:30 PM. ROLL CALL The following Members were present: Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 3:15 PM Tim Chesher Supervisor - Dan River District Present 3:17 PM Darrell Dalton Supervisor - Callands-Gretna District Present 3:20 PM Timothy W. Dudley Supervisor - Staunton River District Present 3:19 PM Ronald S. Scearce Supervisor - Westover District Present 3:15 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 3:16 PM AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Chesher SECONDER: Dalton AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren PRESENTATIONS a. County Broadband Project Update (Staff Contact: Scott Budd); (Presenter: Rob Taylor; RiverStreet); (20 minutes) Rob Taylor, RiverStreet Networks, was present and gave a County Broadband Project Update to the Board. The Project design has the County broken into eight (8) areas and they are currently in the design and implementation early stages of the Project. His full presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Solar Projects Update (Staff Contact: Emily S. Ragsdale); (15 minutes) Ragsdale provided a Solar update to the Board. There are currently twenty-three (23) projects in the County and Special Use Permits issued on 18,505.97 acres. Out of those acres covered under SUPs, 10,285.21 acres are under panels once these are all constructed. Once these are 7.a.b Packet Pg. 9 Attachment: 09-20-2022 Work Session - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Work Session completely constructed, there will be approximately 1,225.9 megawatts of solar power being produced in the County. Ragsdale stated that last November there were some changes to the Solar Ordinance that increased setbacks and buffers. Key confirmed that there are trainings taking place for the local Fire Departments and the Solar facilities within their vicinities. b. Finance Committee Recommendations (Staff Contact: Kimberly G. Van Der Hyde); (15 minutes) Van Der Hyde went over the recommendations that were forwarded to the full Board from the Finance Committee Meeting and they are as follows: • Remove a total of $174,500 of Public Safety funds from the Public Hearing to be discussed separately; • Approval of a total of forty percent (40%), which is $40,000, of DCC’s CDL truck simulator be paid for by the County, and this would come from the contingency budget and would be contingent on the other localities paying their share; • Approval of full time Clerk’s Office position with a starting salary of $36,000; to move a total of $48,934 (including benefits) from Contingency Budget for this position; • Reallocation of $965,000 of ARPA funds that were previously allocated to the Robin Court Waterline Extension to the Horseshoe Road Waterline Extension; • Award contract to Classic City Mechanical, Inc., for the Horseshoe Road Waterline Extension Project in the amount of $2,045,894.00; and • Approval of Capital Improvement Projects. BUSINESS MEETING DISCUSSION ITEMS None. CLOSED SESSION a. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Matterhorn Water/Sewer Issues Purpose: Review/Consultation Regarding the Same b. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Town of Chatham Water/Sewer Agreement; Solar Ordinance Revisions; Shell Building Moral Obligation Agreement; Fire and 7.a.b Packet Pg. 10 Attachment: 09-20-2022 Work Session - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Work Session Rescue Agencies IRS Reporting; Fire and Rescue Service Agreement Execution Purpose: Legal Consultation/Legal Advice Regarding the Same c. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Contact: Board of Supervisors) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: Interim County Administrator; Interim Banister Representative Purpose: Discussion of Next Steps Motion to enter Closed Session. The Board entered Closed Session at 4:07 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Chesher SECONDER: Warren AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:58 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on September 20, 2022, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Timothy W. Chesher Yes Darrell W. Dalton Yes Timothy W. Dudley Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes William V. (“Vic”) Ingram Yes 7.a.b Packet Pg. 11 Attachment: 09-20-2022 Work Session - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Work Session ADJOURNMENT Ingram adjourned the Meeting at 7:00 PM. 7.a.b Packet Pg. 12 Attachment: 09-20-2022 Work Session - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BUSINESS MEETING September 20, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held on September 20, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Ingram called the Meeting to Order at 7:00 PM. ROLL CALL The following Members were present Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 6:49 PM Tim Chesher Supervisor - Dan River District Present 6:49 PM Darrell Dalton Supervisor - Callands-Gretna District Present 6:49 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:49 PM Ronald S. Scearce Supervisor - Westover District Present 6:49 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:49 PM AGENDA ITEMS TO BE ADDED Motion to make the following revisions to the Agenda: • Add appointment of Interim County Administrator as item 13a; • Add Finance Committee Recommendations as item 13b; • Add Shell Building Moral Obligation Agreement as item 13c; and • Remove the appropriation of the Public Safety funds in the amount of $174,500 from the Budget Public Hearing and add it to New Business as item 12c. RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren APPROVAL OF AGENDA Motion to approve Agenda as amended. RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren a. August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. County's 2022 August Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Lisa Tuite Certificate Approval (Retirement); (Staff Contact: Kaylyn M. McCluster) d. Purchase of Service Weapon Approval (Deputy James R. Abbott Retirement); (Contact: Sheriff Taylor) e. Appointment: Southern Area Agency on Aging (Teresa Easley); (Full Board Appointment); (Staff Contact: Kaylyn M. McCluster) 7.a.c Packet Pg. 13 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting f. Certificate Approval (Honoring C. Monday’s Interim County Administrator Service); (Staff Contact: Kaylyn M. McCluster) g. Resolution # 2022-09-01 Adoption (Honoring Gregory Robinson, James Webb Space Telescope Program Director); (Staff Contact: Kaylyn M. McCluster) h. K. McCluster Certificate Approval (Certified Municipal Clerk Designation); (Staff Contact: Clarence C. Monday) i. Revised County Facility Alcohol Policy Approval (Staff Contact: Christopher C. Slemp) j. County Internet Service Provider Partnership Contract Approval (Staff Contact: Dave F. Arnold) k. Acknowledgment of Lease Transfer and Agreement to Amend Exhibit “B” to Lease Agreement Approval (RiverStreet); (Staff Contact: Dave F. Arnold) l. Open Space Land Use Renewal Contract Renewal Approval (Cedars Country Club, Inc.); (Contact: Robin C. Goard) ITEMS REMOVED FROM CONSENT AGENDA None. PRESENTATIONS a. General Presentations (Board of Supervisors) The Board presented Certificates to McCluster for her CMC Designation and Monday for his service to the County as the Interim County Administrator. b. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) Dr. Martha Walker introduced Jessica Dalton and Angela Rigney and allowed them time to speak on behalf of the Pittsylvania Career and Technical Center (“PCTC”) regarding the 1% Sales Tax Referendum. Students can use high skilled equipment and receive experience in many career fields while at PCTC, and if the Referendum were to pass, it would greatly affect the continued success of many County students. Layton Wilson and Blake Hughes, PCTC alumni, spoke on the Precision Machining Technology Program and how it helped them with the knowledge and experience to take control of their futures. They spoke on the repairs needed and the effect these funds would have on PCTC and how it would allow them to expand, not only the building, but the programs it offers as well. c. Dr. Jerry Wallace Introduction (DCC President); (Contact: Board of Supervisors) Dr. Jerry Wallace, Danville Community College (“DCC”) President, introduced himself to the Board and provided an update from DCC regarding programs it offers that pertain to the County. HEARING OF THE CITIZENS Irvin Moss, Westover District, stated he is a sixty-five (65) year- old lifelong resident of the Vandola Community, and he shared his opposition on the casino and the RV park in his community. Bonnie Moss, Westover District, shared her opposition for the RV park. She is worried about the traffic, safety, and dangers that will surround this potential RV park. Carolyn Bagley, Tunstall District, shared her concerns regarding schools and asked the Board to make it clear to the School Board that history will be taught rightly and thoroughly, and that every trace of gender identity and Marxist economics be completely removed from the public schools of the County. Bob Carlberg, Staunton River District, responded to Warren’s challenge at last month’s Board Meeting regarding why someone may vote against the school’s 1% Sales Tax Referendum. He stated his main issue is how it is being presented, and there is no guarantee that the citizens will not see a personal property tax increase in addition to the 1% sales tax increase. He also stated this would make us the highest sales tax County in the Commonwealth of Virginia. He also shared concerns regarding the Board’s Code of Ethics. 7.a.c Packet Pg. 14 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting Brenda Bowman, Chatham-Blairs District, gave an update regarding the "LOVE" sign and stated the letters were delivered at the Olde Dominion Agricultural Complex this week. They are planning a formal dedication for the sign in November. She also shared information from George Henderson regarding the 8th Annual Pittsylvania County Sports Hall of Fame Induction and Banquet that will be held on November 13, 2022, at the Tuscarora Country Club. Marvin Hylton, Westover District, shared his concerns regarding the potential RV park coming to his community. He is concerned about the increased traffic, trash, and additional strain that it will have on the local Fire Departments. His main concern is the property values in this area, and he does not believe that Vandola Church Road is compatible with an RV park. Claudia Jones notified the Board that they are holding a conference, United, We Stand for America, on October 21, 2022, at Motley’s Mill Waterfall Estate. They will have international speakers and will also provide a lunch. Ben Meeks, Callands-Gretna District, stated he has been a volunteer in the County for thirteen (13) years and asked the Board to support funding the 5% increase for the block funding for the Fire and Rescue Volunteer Agencies. This increase is needed to continue operations and battle the inflation increases. This increase has been voted on by the County’s Fire and Rescue Association and the Fire and Rescue Commission. He also mentioned the 990 forms and stated the IRS is behind at getting these posted online but most stations have a copy on hand. Alan Casper, Banister District, also spoke on Fire and Rescue and asked the Board to support the increased funding. He thanked the Board for listening and challenged them to prove him wrong by doing the right thing for the volunteer Fire and Rescue Agencies. Scott Burke, Westover District, shared is opposition on the RV park in the Vandola Community. He is concerned about public safety and the changing of the County’s landscape, and he feels this RV park will place a tremendous burden on the surrounding Fire and Rescue Agencies. He stated policing of the park and access will be a danger to the community and he asked the Board to vote “no” to this. Barbara Hancock, Callands-Gretna District, spoke against the COVID-19 vaccine. Sandra Meyer, Chatham-Blairs District, spoke against the COVID-19 vaccine. Arlene Pilcer, Callands-Gretna District, shared her concerns regarding the logging and tractor trailer trucks on Climax Road. She stated that on August 3, 2021, she had $4,000 worth of property damage by a hit and run from a tractor trailer logging truck. She provided a timeline of events in attempting to get this issue resolved. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-22-026; Charles Thomas; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with opposition, that the Petitioner's request be granted (Supervisor Ingram). In Case R-22-026, Charles Thomas (“Petitioner”) has petitioned to rezone 13.4 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a Class B Home Occupation). The subject property is located on State Road 722/Oakwood Drive, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1368-28-8195. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 2, 2022, the Planning Commission recommended, by an 8-0 vote, with opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 8:25 PM. Charles Thomas and his daughter, Jordan Thomas, were present to represent the Petition. Bernie Jordan spoke in opposition of this 7.a.c Packet Pg. 15 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting rezoning and gave accounts of previous dog attacks. He stated his concern is safety for his children. Tammy Jordan also spoke in opposition of this rezoning and it being so close to her home. Her concerns were about dogs barking constantly and the possibility of the dogs getting out and potentially hurting her grandchildren. Ms. Thomas stated that she would have a barking deterrent device to control barking of the dogs and there will be a fence around the perimeter to eliminate the dogs escaping. Ingram closed the Public Hearing at 8:47 PM. Motion to approve the rezoning of 13.4 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a Class B Home Occupation. Ingram called for a brief recess at 8:48 PM. The Board returned from recess at 8:55 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren Case 2: Public Hearing: Case R-22-027; Ceasar Investment, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to RPD, Residential Planned Unit Development District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be denied (Supervisor Barksdale). In Case R-22-027, Ceasar Investments, LLC (“Petitioner”), has petitioned to rezone 11.21 acres from R-1, Residential Suburban Subdivision District, to RPD, Residential Planned Unit Development District (to allow for multiple dwellings to be constructed on the property). The subject property is located on State Road 792/Millstream Drive, in the Banister Election District, and shown on the Tax Maps as GPIN # 2530-49-4191. Once the property is rezoned to RPD, all uses listed under Pittsylvania County Code § 35-294 are permitted. On August 2, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be denied. Ingram opened the Public Hearing at 8:56 PM. No one signed up to speak and Ingram closed the Public Hearing at 8:58 PM. Motion to deny the rezoning of 11.21 acres from R-1, Residential Suburban Subdivision District, to RPD, Residential Planned Unit Development District, due to the inability at this location to meet VDOT’s entrance requirement for this type of development. RESULT: APPROVED [5 TO 1] MOVER: Ingram SECONDER: Dudley AYES: Ingram, Dalton, Dudley, Scearce, Warren NAYS: Chesher Other Public Hearings 1. Public Hearing: 2023 County Budget Amendments Approval (Staff Contact: Kimberly G. Van Der Hyde) Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of the County Budget Amendments, attached, appeared in the Chatham Star Tribune on August 31, 2022, which satisfies the seven (7)-day legal notice requirement. 7.a.c Packet Pg. 16 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting Ingram opened the Public Hearing at 8:59 PM. Matt Hunt, Tunstall District, requested support of the Board regarding the Fire and Rescue Funding. Mike Neal, Dan River District, spoke on behalf of the Fire and Rescue Association. He stated that typically by August 10th of each year, the Fire Departments have received their first of three (3) annual payments of the year, and they still have not received that payment. He stated that all Agreements have not been signed by the Departments of the County and that could be the cause of the hold up. He stated that they have already run 2,100 calls since July 1st and that most departments went over their diesel cost by anywhere from $3,000 - $10,000. Kermit King Jr., Callands-Gretna District, thanked the Board for listening to all Fire and Rescue representatives tonight. He also asked for the Board's support regarding the Fire and Rescue appropriation. Ingram closed the Public Hearing at 9:21 PM. Motion to approve an appropriation of $15,713,189.98 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Warren AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren UNFINISHED BUSINESS None. NEW BUSINESS a. Hurt Partners Landfill Amended Tipping Fee Waiver Approval (Staff Contact: Matthew D. Rowe) Due to intense prospect interest at the Southern Virginia Multimodal Park (“SVMP”) in Hurt, Virginia, Hurt Partners, LLC, the property owners, have agreed to proactively remove nonhazardous construction debris located onsite and dispose of the material at the County Landfill. This work is being done at Hurt Partners’ cost and is a significant cost savings to the Staunton River Regional Industrial Facility Authority (“SRRIFA”). Hurt Partners has requested that the Board waive the Landfill Tipping Fees associated with the cleanup at the property in a sign of partnership. The value of the County waiving its Landfill Tipping Fees would be reflected in the due-to-from contributions of SRRIFA. At the June Business Meeting, as a Consent Agenda item, the Board previously agreed to waive County Landfill Tipping Fees for Hurt Partners’ cleanup, with an estimated revenue value of $82,000. Hurt Partners is now seeking an additional waiver of related County Landfill Tipping Fees. Hurt Partners is funding and completing the cleanup of non-hazardous construction debris at the SVMP property. The County would be waiving additional future Landfill Tipping Fees with an estimated revenue value of $164,000 (total, includes the previously waived County Landfill Tipping Fees of $72,325.64). Motion to approve waiving the additional future Landfill Tipping Fees for a total of no more than $164,000, which includes the previously waived County Landfill Tipping Fees of $72,325.64. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Warren AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren b. Petition for Writ of Special Election Filing Approval (Staff Contact: J. Vaden Hunt, Esq.) Virginia Code § 24.2-226 requires a governing body, within fifteen (15) days of the occurrence of a vacancy on the governing body, to petition the Circuit Court for its jurisdiction to issue a Writ of Special Election to fill the vacancy. Said Special Election is required to be held no later than the next General Election in November, unless the vacancy occurs within ninety (90) days of the next such General Election, in which event it shall be held promptly, but no later than the 7.a.c Packet Pg. 17 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting second such General Election. As the Board’s Banister Electoral District vacancy occurred on September 13, 2022, which is within ninety (90) days of November 8, 2022, the date of the next General Election, the Special Election cannot occur at that time and must occur on or before November 7, 2023, the date of the second such General Election. Ingram encouraged those who are registered voters in the Banister District, and who are interested in serving as the Banister District Representative until the end of 2023, visit the County’s website and fill out the citizen interest form, come by the County Administration Office, or call, to submit a resume. McCluster will receive all interest forms and resumes and this will remain open until Tuesday, October 4, 2022, at 5:00 PM. Motion to authorize the County Attorney to petition the Pittsylvania County Circuit Court to issue a Writ of Special Election for a Special Election to be held on November 7, 2023, to fill the Board’s Banister Electoral District vacancy. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren c. Public Safety Appropriation Van Der Hyde stated that she was able to identify some monies that were available to be used instead of using the FY23 funding that has been placed in the Contingency Budget, for Public Safety items. One was to move the EMS call amount from $15 to $25, which totaled $77,500, based on the call volume they have now. The other portion was $97,000 to increase the base amount for the matrix, which varied from agency to agency. Warren clarified that there was no Fire and Rescue Department that had any carryover money. He also applauded the agencies who have already signed the Agreement and stated he would like for them to get their money right away. He stated that he supports Fire and Rescue, but it is time to put petty politics aside, and that he will be voting no to this item tonight. Scearce stated he will vote no on this issue also and it comes down to transparency and accountability, and until those protocols are put back in place he will not vote for any extra funding for Fire and Rescue. He stated they have a responsibility to the citizens of the County to be able to show where the funding goes. Dalton stated he agrees and disagrees with some of the comments made tonight. He stated he could never thank the volunteers enough for the time they put in for the County. He just voted to support $164,000 for a tipping fee and he doesn’t have an issue with voting for $97,000. Warren stated on the $164,000 there is no lost revenue on that, just the space. He agreed that, if there is an emergency where Fire and Rescue is needed, he would want them to show up, but he would also like for the Sheriff’s Department to show up if there was a break in or such; and all their costs have increased also. The Contingency Funds were because all the other Departments did not spend their money and there was some left over. Ingram stated that the County has never failed an audit, and he agreed that being held accountable is very important. He feels that you cannot put a price on the Fire and Rescue volunteers that must leave their homes to serve the community. He supports this item, and he respects his colleagues decisions. Warren asked Van Der Hyde if the County audits dive into the reporting side of things, and she stated that it is just our side of the audit. Motion to approve the EMS call increase in the amount of $77,500 and the base amount for the matrix at $97,000. 7.a.c Packet Pg. 18 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting RESULT: DEFEATED [3 TO 3] MOVER: Ingram SECONDER: Dalton AYES: Ingram, Chesher, Dalton NAYS: Dudley, Scearce, Warren MATTERS FROM WORK SESSION (IF ANY) a. Appointment of Interim County Administrator Motion to appoint J. Vaden Hunt, Esq., as Interim County Administrator, effective September 22 2022, at a rate of pay equal to the current Interim County Administrator for a ninety (90) day term, with all powers established by the State Code and County as a County Administrator. The ninety (90) days could be cut short, if permanent replacement was hired before the ninety (90) days. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren b. Finance Committee Recommendations Motion to approve the Finance Committee Recommendations as presented, including the following: • Approval of a total of forty percent (40%), which is $40,000, of DCC’s CDL truck simulator be paid for by the County, and this would come from the contingency budget and would be contingent on the other participating localities paying their share; • Approval of full time Clerk’s Office position with a starting salary of $36,000; to move a total of $48,934 (including benefits) from Contingency Budget for this position; • Reallocation of $965,000 of ARPA funds that were previously allocated to the Robin Court waterline extension to the Horseshoe Road waterline extension, for a total of $1,838,382 specifically for the Horseshoe Road Project; • Award contract to Classic City Mechanical, Inc., for the Horseshoe Road Waterline Extension Project in the amount of $2,045,894; and • Approval of Capital Improvement Projects and Economic Development funds as presented in the Finance Committee Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Warrem AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren c. Shell Building Moral Obligation Agreement Warren stated the Board had received confirmation on some items there were questions about from Ken Larking, Danville City Manager. Motion to approve the Moral Obligation Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren 7.a.c Packet Pg. 19 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting 7.a.c Packet Pg. 20 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting 7.a.c Packet Pg. 21 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting 7.a.c Packet Pg. 22 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting 7.a.c Packet Pg. 23 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting 7.a.c Packet Pg. 24 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting 7.a.c Packet Pg. 25 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting BOARD MEMBER REPORTS Chesher thanked everyone for being in attendance. Dudley thanked everyone for coming out. He wished Monday well and thanked Barksdale for his service to the County. Dalton echoed remarks about Barksdale and thanked him for his service to the County. He also thanked Monday for stepping up and helping the County, and he thanked everyone for coming out to the Meeting. Scearce thanked the residents from the Vandola Community for coming out to the Meeting. He also thanked the Board, especially Ingram, for approving the Horseshoe Road upgrade for the water system. 7.a.c Packet Pg. 26 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 20, 2022 Business Meeting Warren echoed comments about Barksdale and stated he enjoyed serving with him for five (5) years. He also thanked all County Staff, especially Van Der Hyde, for all of the hard work in preparing the financial information for the Board. He thanked Monday for his service to the County and also thanked Hunt for his willingness to step up for the Interim County Administrator position. Ingram stated that September 26th is National Law Enforcement Suicide Day, and he has had his own experience with suicides. This day is to raise awareness about suicide in law enforcement, and to remind officers and their families that they are not alone. He thanked Tuite for all of her wonderful work during her time at the Library, and he also recognized “Funky Fleece Farm” for their RevUp award through the Chamber. He then recognized McCluster for recently being awarded the Young Professionals PACE Award from the Chamber of Commerce. Ingram thanked Monday for Interim work with the County, and he also recognized Barksdale for his service and stated that he will be missed. ADJOURNMENT Ingram adjourned the Meeting at 10:12 PM. 7.a.c Packet Pg. 27 Attachment: 09-20-2022 Business Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Pittsylvania County Board of Supervisors Called Meeting October 5, 2022 VIRGINIA: The Pittsylvania County Board of Supervisor’s Called Meeting was scheduled for October 5, 2022, in the Main Conference Room, County Administration Building, Chatham, Virginia 24531. CALL TO ORDER Mr. Ingram called the Meeting to Order at 4:00 PM. ROLL CALL The following Members were present: Attendee Name Title Status William "Vic" Ingram Chairman - Tunstall District Present Tim Chesher Supervisor - Dan River District Remote Darrell Dalton Supervisor - Callands-Gretna District Present Timothy W. Dudley Supervisor - Staunton River District Absent Ronald S. Scearce Supervisor - Westover District Absent Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Absent Chesher participated remotely from his residence, 3101 Rocksprings Rd., Ringgold, Virginia 24586. Due to lack of quorum, no County business was discussed, and Ingram instructed County Staff to email the Banister District applications and resumes to the Board. ADJOURNMENT Mr. Ingram adjourned the Meeting at 4:02 PM. 7.a.d Packet Pg. 28 Attachment: 10-05-2022 Called Meeting - DRAFT (3395 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County's 2022 September Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: October 18, 2022 Item Number: 7.b Attachment(s): Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review payments made by the County as oversight of County Fund expenditures. Said September Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=461454&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2022 September Bill List as presented. MOTION: “I make a Motion to approve the County’s 2022 September Bill List as presented.” 7.b Packet Pg. 29 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-10-01 (PRP Composition Revision) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: October 18, 2022 Item Number: 7.c Attachment(s): 2022-10-01 Amendment to PRP Composition Reviewed By: SUMMARY: During the Work Session, Beth Doughty, Partnership for Regional Prosperity (“PRP”), will present potential revisions to the PRP’s Council’s composition, which currently consists of seven (7) Members as previously approved by the Board. Said revisions will include the addition of the County’s Superintendent of Schools and the Danville Superintendent of Public Schools as Council members. For the Board’s review and consideration, Resolution # 2022-10-01 evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution # 2022-10-01 amending the PRP Council’s composition as presented. MOTION: “I make a Motion to adopt Resolution # 2022-10-0 as presented.” 7.c Packet Pg. 30 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-10-01 __________________________________________________________________ RESOLUTION SUPPORTING THE AMENDMENT TO THE PARTNERSHIP FOR REGIONAL PROSPERITY (“PRP”), FORMALLY THE DANVILLE-PITTSYLVANIA ECONOMIC DEVELOPMENT ALLIANCE STEERING COMMITTEE VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, October 18, 2022, the following Resolution was presented and adopted: WHEREAS, Pittsylvania County, Virginia (“County”), the City of Danville, Virginia (“City”), and the Danville Regional Foundation (“DRF”) jointly sponsored a thorough review of the Region’s Economic Development Program(s); and WHEREAS, the three (3) entities jointly appointed a Steering Committee to guide the development of an Economic Development Strategy for the Region; and WHEREAS, the Steering Committee presented the final draft of the Region’s new Economic Development Strategy to a Joint Meeting of the City Council and Board on June 9, 2020; and WHEREAS, the Strategy recommended the appointment of an Alliance, comprised of area stakeholders, to be responsible and accountable for the progress of strategy implementation; and WHEREAS, the Board and Danville City Council both adopted Resolutions supporting an Alliance Leadership Council of seven (7) members, including the City Manager, County Administrator, the DRF CEO, the Institute for Advanced Learning and Research President, the Chamber President, and two (2) industry leaders. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby approves of the Amendment to the PRP Council which currently consists of seven (7) Members, as previously approved by the Board and Danville City Council to add the Superintendent of Pittsylvania County Schools and the Superintendent of Danville Public Schools. Adopted this 18th day of October, 2022. ____________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors ____________________________________ J. Vaden Hunt, Esq. (Clerk) Interim County Administrator, Pittsylvania County 7.c.a Packet Pg. 31 Attachment: 2022-10-01 Amendment to PRP Composition (3407 : Resolution # 2022-10-01 (PRP Composition Revision) Adoption (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Martinsville Southern Connector Route Funding Support Letter Submission Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: October 18, 2022 Item Number: 7.d Attachment(s): 10-12-2022 Letter of Support - Martinsville Southern Connector Reviewed By: SUMMARY: In support of the Martinsville Southern Connector Route (“Route”), attached is a letter proposed to be sent to Dale Wagoner, County Administrator, Henry County, Virginia. The Route will improve U.S. 220 from the North Carolina state line to U.S. Route 58; thus, making a better connection to I-73 (in North Carolina). It will also create a better corridor for the flow of commodities coming from the North or South and flowing East and West on U.S. 58. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the attached letter as presented supporting the Route. MOTION: “I make a Motion to approve the attached letter supporting the Route.” 7.d Packet Pg. 32 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-7710 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. William “Vic” Ingram , Chairman, Tunstall District vic.ingram@pittgov.org October 18, 2022 VIA U.S. MAIL & E-MAIL Dale Wagoner County Administrator County of Henry, Virginia P.O. Box 7 Collinsville, Virginia 24078 Dear Mr. Wagoner: On behalf of Pittsylvania County, Virginia, and the Pittsylvania County Board of Supervisors, I am writing to express our full support of the Martinsville Southern Connector Route. The Route will improve U.S. 220 from the North Carolina state line to U.S. Route 58; thus, making a better connection to I-73 (in North Carolina). It will also create a better corridor for the flow of commodities coming from the North or South and flowing East and West on U.S. 58. In closing, we strongly support the Southern Connector as it is essential to Southside Virginia growth. Sincerely yours, William V. (“Vic”) Ingram Chairman Pittsylvania County Board of Supervisors Cc: Hon. PCBOS (via email) PCET (via email) 7.d.a Packet Pg. 33 Attachment: 10-12-2022 Letter of Support - Martinsville Southern Connector (3416 : Martinsville Southern Connector Route Funding Support Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-10-02 (Honoring Timothy Peters) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: October 18, 2022 Item Number: 7.e Attachment(s): 2022-10-02 Timothy Peters Reviewed By: SUMMARY: Local native, Timothy Peters (“Peters”), is an American professional stock car racing driver and after thirty-four (34) years of racing is retiring. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve attached Resolution # 2022-10-02 honoring Peters. MOTION: “I make a Motion to approve attached Resolution # 2022-10-02 honoring Timothy Peters.” 7.e Packet Pg. 34 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-10-02 __________________________________________________________________ RESOLUTION HONORING TIMOTHY PETERS VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, October 18, 2022, the following Resolution was presented and adopted: WHEREAS, local native, Timothy Peters (“Peters”), is an American professional stock car racing driver and after thirty-four (34) years of racing, he has decided to retire; and WHEREAS, Peters began when he was eight (8) years old racing go-karts, and he won ten (10) World Karting Association National Titles; and WHEREAS, he quickly moved up the ranks through Legends cars, winning numerous races, and then moved up to Late Model Stock Car Racing, wherein he won the Orange County Speedway Track Championships in 2002 and 2003, and also won the South Boston Speedway Track Championship in 2004; and WHEREAS, in 2005, Peters made his NASCAR Truck Series debut with Bobby Hamilton Racing, eventually ending up with Red Horse Racing from 2009 - 2017, also making starts for numerous race teams such as Premier Motorsports, Niece Motorsports, GMS, MDM, Ricky Benton Racing, Young's Motorsports, and Halmar-Friesen Racing; and WHEREAS, Peters won eleven (11) races in the NASCAR Truck Series at tracks such as Martinsville, Daytona, Bristol, Phoenix, Las Vegas, Talladega, Iowa, and Indianapolis; He made over 250 starts in the Truck Series; and WHEREAS, he also made starts in the NASCAR Cup Series with Ricky Benton Racing, as well as racing in the NASCAR Xfinity Series for Richard Childress Racing. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby expresses its admiration to Peters for his racing accomplishments and congratulates him on his well-deserved retirement. Adopted this 18th day of October, 2022. __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ J. Vaden Hunt, Esq. (Clerk) Interim County Administrator, Pittsylvania County 7.e.a Packet Pg. 35 Attachment: 2022-10-02 Timothy Peters (3417 : Resolution # 2022-10-02 (Honoring Timothy Peters) Adoption (Staff Contact: Kaylyn M. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Hurricane Ian Storm Debris County Landfill Tipping Fees Waiver Approval Ratification (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: October 18, 2022 Item Number: 7.f Attachment(s): Reviewed By: SUMMARY: On October 1, 2022, Hurricane Ian moved through the County. Ian caused minor damage to some structures and blew over trees and limbs. So as not to put an undue burden on its citizens, in the recent past, the County has waived tipping fees for Hurricane-caused debris such as brush, trees, and stumps brought to the County Landfill by County citizens. The County Landfill did accept such debris free of charge for a period of two (2) weeks after Ian. FINANCIAL IMPACT AND FUNDING SOURCE: The financial impact of allowing the disposal of Ian-caused debris at the County Landfill has been minimal. RECOMMENDATION: County Staff recommends the Board ratify the approval to waive the County Landfill tipping fees for Ian-caused debris as it has done in the recent past. MOTION: “I make a Motion to ratify the approval of waiving any County Landfill tipping fees associated with private County residents disposing of yard debris in the County's landfill caused by Ian during the period of October 2 - 14, 2022." 7.f Packet Pg. 36 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: SR RIFA MOA Agreement (Stormwater Management) Approval (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: October 18, 2022 Item Number: 7.g Attachment(s): MOA Danville SVMP 8.29.22 Staunton River RIFA Reviewed By: SUMMARY: The County and the City of Danville, Virginia (“Danville”) worked with its local state representatives to draft legislation which was ultimately approved by the General Assembly as House Bill (“HB”) 184. This legislation enables stormwater management permitting and approval for RIFA properties to be administered by a participating locale if that locale has “opted in” to administer the Virginia Stormwater Management Program (“VSMP”) locally. The County has not “opted in,” while Danville has, meaning that Danville will be able to review, approve, and administer VSMP permits for SR RIFA properties; thereby, greatly reducing permitting and review times for stormwater permits from up to ninety (90) days (as currently is done with the State) to as little as ten (10) days (or possibly even less). Per HB 184, all participating locales and the VADEQ must execute an administration agreement. For the Board’s review and consideration, said Agreement is attached. Finally, the attached Agreement has already been approved to form by all parties. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Economic Development Staff recommends the Board approve the execution of Agreement as attached and presented. MOTION: “I make a Motion to approve the execution of the Agreement as attached and presented.” 7.g Packet Pg. 37 DRAFT DRAFT Page 1 of 5 MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT (Agreement) is made as of this [XX] day of [MONTH] 2022 among the VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ), the CITY OF DANVILLE, VIRGINIA (Danville), PITTSYLVANIA COUNTY, VIRGINIA (Pittsylvania County), TOWN OF HURT, VIRGINIA (Hurt) and the STAUNTON RIVER REGIONAL INDUSTRIAL FACILITY AUTHORITY (Authority). WHEREAS, to ensure the protection of water quality and the environment, the Code of Virginia establishes programs for stormwater management, the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia), and erosion and sediment control, the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia); WHEREAS, under the Erosion and Sediment Control Law, counties and cities (locality or localities) are required to adopt and administer a Virginia Erosion and Sediment Control Program (VESCP) for land-disturbing activities consistent with the provisions of the Erosion and Sediment Control Law (§ 62.1-44.15:54 of the Code of Virginia); WHEREAS, under the Stormwater Management Act, a locality that operates a regulated municipal separate storm sewer system (MS4) is required to adopt and administer a Virginia Stormwater Management Program (VSMP) for land-disturbing activities consistent with the provisions of the Stormwater Management Act (§ 62.1-44.15:27 of the Code of Virginia); WHEREAS, DEQ operates a VSMP on behalf of any locality that does not operate a regulated MS4 and that does not notify the Department of its decision to participate in the establishment of a VSMP (§ 62.1-44.15:27 of the Code of Virginia); WHEREAS, Danville operates a regulated MS4 and has adopted a VSMP consistent with the Stormwater Management Act, such that Danville is the VSMP authority for land-disturbing activities in Danville; WHEREAS, Pittsylvania County has adopted a VESCP consistent with the Erosion and Sediment Control Law, such that Pittsylvania County is the VESCP authority for land-disturbing activities in Pittsylvania County and Hurt; WHEREAS, Pittsylvania County has decided not to establish its own VSMP and relies on DEQ to be the VSMP authority for land-disturbing activities in Pittsylvania County and Hurt; WHEREAS, Danville, Pittsylvania County, and Hurt are locality members of the Staunton River Regional Industrial Facility Authority (Authority), a regional industrial facility authority established pursuant to Chapter 64 (§ 15.2-6400 et seq.) of the Code of Virginia; WHEREAS, the Authority controls property located entirely within Pittsylvania County and Hurt that is known as the Southern Virginia Multimodal Park (SVMP); WHEREAS, Chapter 160 of the 2022 Acts of Assembly (House Bill 184) amends § 62.1- 44.15:27 of the Code of Virginia by adding the following: In the case of a land-disturbing activity located on property controlled by a regional industrial facility authority established pursuant to Chapter 64 (§ 15.2-6400 et seq.) of Title 15.2, if a participating local member of such an authority also administers a VSMP, such locality shall be authorized to administer the VSMP on authority property, in accordance with an agreement entered into with all relevant localities and the existing VSMP for the property. 7.g.a Packet Pg. 38 Attachment: MOA Danville SVMP 8.29.22 Staunton River RIFA (3410 : SR RIFA MOA Agreement (Stormwater Management) Approval (Staff DRAFT DRAFT Page 2 of 5 ; WHEREAS, Danville is a participating member of the Authority and also administers a VSMP; and WHEREAS, DEQ, Danville, Pittsylvania County, Hurt, and the Authority have agreed to have Danville administer the VSMP at the SVMP; NOW, therefore, DEQ, Danville, Pittsylvania County, Hurt, and the Authority agree as follows: 1. Virginia Erosion and Sediment Control Program. Pittsylvania County maintains authority and responsibility for implementing erosion and sediment control program requirements as the VESCP authority for land-disturbing activities in Pittsylvania County and Hurt. 2. Review of Stormwater Management Plans and Registration Statements. Pursuant to Chapter 160 of the 2020 Acts of Assembly and this Agreement, Danville will receive and review individual project- specific plans and registration statements for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities that involve proposed land-disturbing activities at the SVMP in accordance with its obligations as a VSMP authority and Chapter 13 of the Danville, Virginia Code of Ordinances (Danville SWM Ordinance). DEQ will not act as the VSMP for land disturbing activities at the SVMP as long as this Agreement is in effect. 3. Compliance and Inspection Site Visits. Danville, acting as the VSMP authority for land- disturbing activities at the SVMP, will perform compliance and inspection activities in accordance with its obligations as a VSMP authority and the Danville SWM ordinance. To the extent practicable, Danville will notify Pittsylvania County and DEQ at least five (5) business days in advance of planned compliance and inspection site visits to land-disturbing activities at the SVMP as well as two (2) business days, when practicable, in advance of any unplanned inspection site visits (e.g., emergency or complaint-based inspections) to land-disturbing activities at the SVMP. Notification of compliance and inspection site visits shall be made by telephone or email to the Contacts as set forth below: DEQ Blue Ridge Regional Office Stormwater Program Manager 540-562-6700 Emily S. Ragsdale, AICP Director of Community Development, Pittsylvania County 434-432-7974 Emily.Ragsdale@pittgov.org Once notified, if DEQ or Pittsylvania County intends on accompanying Danville on a site visit, each shall contact Danville at the following to coordinate information and logistics: Kenneth C. Gillie, Jr. Director of Community Development, City of Danville 434-799-5260 Gillikc@danvilleva.gov 7.g.a Packet Pg. 39 Attachment: MOA Danville SVMP 8.29.22 Staunton River RIFA (3410 : SR RIFA MOA Agreement (Stormwater Management) Approval (Staff DRAFT DRAFT Page 3 of 5 During any such site visits, Danville, Pittsylvania County, DEQ, and their respective employees and agents will comply with minimum site inspection safety requirements for construction, including the use of personal protective equipment (PPE) while conducting inspections. Should more stringent safety requirements exist in Pittsylvania County, Pittsylvania County will convey those requirements to DEQ and/or Danville staff prior to entering the site. With respect to Pittsylvania County and this Agreement, the scope of any inspection site visit shall be limited solely to erosion and sediment control. This paragraph does not create an obligation for DEQ or Pittsylvania County to accompany Danville on any compliance or inspection site visit related to land-disturbing activities at the SVMP. Nothing in this paragraph shall be construed to convey to Danville any of DEQ’s exclusive authority to administer the enforcement of the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) or the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia). 4. Enforcement. Danville, acting as the VSMP authority for land-disturbing activities at the SVMP, shall enforce the Danville SWM Ordinance in accordance with the requirements in section 13-55 of the Danville SWM Ordinance. 5. Fees. Danville, acting as the VSMP authority for land-disturbing activities at the SVMP, is authorized to assess fees for implementation of the VSMP in accordance with section 13-56 of the Danville SWM Ordinance. 6. Amendment, Modification, and Termination. This Agreement may be amended or modified only by written, mutual agreement of the parties. DEQ, Danville, or Pittsylvania County may terminate this Agreement by providing written notice to the Authority and other parties. The termination shall be effective upon the sixtieth calendar day following notice, unless a later date is set forth. In the event of termination, DEQ shall resume the role of VSMP authority for the SVMP. Notice of amendment, modification, and termination shall be provided to: Melanie D. Davenport (804) 698-4038 Director, Water Permitting Division Virginia Department of Environmental Quality P.O. Box 1105 Richmond Virginia 23218 Melanie.Davenport@deq.virginia,.gov W. Clarke Whitfield, Jr. (434) 799-5122 City Attorney City of Danville Virginia427 Patton Street Danville, Virginia 24541 WhitCC@danvilleva.gov J. Vaden Hunt (434) 432-7720 County Attorney Pittsylvania County Virginia P.O. Box 426 Chatham, Virginia 24531 Vaden.Hunt@pittgov.org Darrell Dalton (434) 334-6377 Chairman 7.g.a Packet Pg. 40 Attachment: MOA Danville SVMP 8.29.22 Staunton River RIFA (3410 : SR RIFA MOA Agreement (Stormwater Management) Approval (Staff DRAFT DRAFT Page 4 of 5 Staunton River Regional Industrial Facility Authority P.O. Box 426 Chatham, VA 24531 1 Center Street Chatham, Virginia 24531 7. Effective Date. This Agreement shall be effective upon its execution by the date of the last approving signature among DEQ, Danville, Pittsylvania County, Hurt and the Authority and will remain in effect indefinitely until suspended, rescinded, or modified by written mutual agreement of the parties. 8. Venue. The parties hereby agree that all claims in respect of any action or proceeding arising out of, or related to this Agreement shall be heard or determined only in the state court located in Danville, Virginia, or Pittsylvania County, Virginia. Witness the following duly authorized signatures: Virginia Department of Environmental Quality By: _____________________________________ Mike Rolband Director Date: City of Danville By: _____________________________________ Kenneth F. Larking City Manager Date: Pittsylvania County By: _____________________________________ William V. Ingram [Chairman of Board of Supervisors Date: 7.g.a Packet Pg. 41 Attachment: MOA Danville SVMP 8.29.22 Staunton River RIFA (3410 : SR RIFA MOA Agreement (Stormwater Management) Approval (Staff DRAFT DRAFT Page 5 of 5 Town of Hurt By: _____________________________________ Gary Hodnett Mayor Staunton River Regional Industrial Facility Authority By: _____________________________________ Darrell Dalton Chairman Date: 7.g.a Packet Pg. 42 Attachment: MOA Danville SVMP 8.29.22 Staunton River RIFA (3410 : SR RIFA MOA Agreement (Stormwater Management) Approval (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Purchase of Service Weapon Approval (Investigator Marvin Pickeral Retirement); (Contact: Sheriff Taylor) Staff Contact(s): Sheriff Taylor Agenda Date: October 18, 2022 Item Number: 7.h Attachment(s): Reviewed By: SUMMARY: Over the years, the Board has approved requests from retiring Sheriff’s Deputies to purchase their service weapons, if the Deputy meets the requirements of Virginia Code § 59.1-148.3. Investigator Marvin Pickeral has notified Sheriff Taylor that he intends to retire from the Sheriff’s Office commencing December 1, 2022. Investigator Pickeral meets the requirements of the Virginia Code § 59.1-148.3 to purchase his duty weapon, a Glock 23; Gen 4; 40 caliber bearing serial number YVF693 for $1.00. The firearm’s transfer of ownership from the Board to Pickeral will be conducted through Captain Corey Webb and by a registered Federal Firearms Licensee. All documents related to that transfer will become a part of Pickeral’s personnel file. FINANCIAL IMPACT AND FUNDING SOURCE: The service weapon will be purchased for $1.00. RECOMMENDATION: As authorized by the Virginia Code, County Staff recommends the Board approve Sheriff Taylor’s transfer of the above-described service weapon to Pickeral for $1.00. MOTION: “I make a Motion to approve Sheriff Taylor’s transfer of the above-described service weapon to Pickeral for $1.00.” 7.h Packet Pg. 43 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: General Presentations (Board of Supervisors) Staff Contact(s): Kaylyn M. McCluster Agenda Date: October 18, 2022 Item Number: 8.a Attachment(s): Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the September Consent Agenda or at previous Meetings. 8.a Packet Pg. 44 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) Staff Contact(s): Kaylyn M. McCluster Agenda Date: October 18, 2022 Item Number: 8.b Attachment(s): Reviewed By: Dr. Mark Jones, Pittsylvania County Schools Superintendent, or his designee, will provide the Board a County School's 1% Sales Tax Referendum Campaign Committee update. 8.b Packet Pg. 45 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-028: Carroll Dinkle; ; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Dudley) Staff Contact(s): Emily S. Ragsdale Agenda Date: October 18, 2022 Item Number: 10.A.1 Attachment(s): R-22-028 Carroll Dinkle App R-22-028 Carroll Dinkle Map Reviewed By: SUMMARY: In Case R-22-028, Carroll Dinkle (“Petitioner”) has petitioned to rezone 16.08 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be consolidated with an adjacent parcel zoned A-1). The subject property is located on State Road 638/Roark Mill Road in the Staunton River Election District and shown on the Tax Maps as GPIN # 2544-55-5718. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 6, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Community Development Staff recommends approval of Case R-22-028 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-028, I make a Motion to approve the rezoning of 16.08 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted.” 10.A.1 Packet Pg. 46 10.A.1.a Packet Pg. 47 Attachment: R-22-028 Carroll Dinkle App (3411 : Public Hearing: Case R-22-028: Carroll Dinkle) 10.A.1.a Packet Pg. 48 Attachment: R-22-028 Carroll Dinkle App (3411 : Public Hearing: Case R-22-028: Carroll Dinkle) 10.A.1.a Packet Pg. 49 Attachment: R-22-028 Carroll Dinkle App (3411 : Public Hearing: Case R-22-028: Carroll Dinkle) 10.A.1.a Packet Pg. 50 Attachment: R-22-028 Carroll Dinkle App (3411 : Public Hearing: Case R-22-028: Carroll Dinkle) 10.A.1.a Packet Pg. 51 Attachment: R-22-028 Carroll Dinkle App (3411 : Public Hearing: Case R-22-028: Carroll Dinkle) 10.A.1.a Packet Pg. 52 Attachment: R-22-028 Carroll Dinkle App (3411 : Public Hearing: Case R-22-028: Carroll Dinkle) 10.A.1.a Packet Pg. 53 Attachment: R-22-028 Carroll Dinkle App (3411 : Public Hearing: Case R-22-028: Carroll Dinkle) 10.A.1.b Packet Pg. 54 Attachment: R-22-028 Carroll Dinkle Map (3411 : Public Hearing: Case R-22-028: Carroll Dinkle) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-030: Randell and Tammy Rich; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Ingram) Staff Contact(s): Emily S. Ragsdale Agenda Date: October 18, 2022 Item Number: 10.A.2 Attachment(s): R-22-030 Randell Ritch App R-22-030 Randell Ritch Map Reviewed By: SUMMARY: In Case R-22-030, Randell and Tammy Ritch (“Petitioners”) have petitioned to rezone 10.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a Class B Home Occupation). The subject property is located on State Road 878/Stony Mill School Road in the Tunstall Election District and shown on the Tax Maps as GPIN # 1369-81- 0495. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35- 178 are permitted. On September 6, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Community Development Staff recommends approval of Case R-22-030 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-030, I make a Motion to approve the rezoning of 10.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a Class B Home Occupation.” 10.A.2 Packet Pg. 55 10.A.2.a Packet Pg. 56 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 57 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 58 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 59 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 60 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 61 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 62 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 63 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 64 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 65 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.a Packet Pg. 66 Attachment: R-22-030 Randell Ritch App (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) 10.A.2.b Packet Pg. 67 Attachment: R-22-030 Randell Ritch Map (3413 : Public Hearing: Case R-22-030: Randell and Tammy Ritch) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-031: City of Danville, Virginia; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Ingram) Staff Contact(s): Emily S. Ragsdale Agenda Date: October 18, 2022 Item Number: 10.A.3 Attachment(s): R-22-031 City Of Dan App R-22-031 City Of Dan Map Reviewed By: SUMMARY: In Case R-22-031, the City of Danville, Virginia (“Petitioner”), has petitioned to rezone three (3) parcels, totaling 6.05 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the properties to be consolidated with an adjacent parcel zoned A- 1). The subject property is located on State Road 708/Long Circle in the Tunstall Election District and shown on the Tax Maps as GPIN #s 1358-36-9839, 1358-46-0966, and 1358-46- 2848. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35- 178 are permitted. On September 6, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Community Development Staff recommends approval of Case R-22-031 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-031, I make a Motion to approve the rezoning of 6.05 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted.” 10.A.3 Packet Pg. 68 10.A.3.a Packet Pg. 69 Attachment: R-22-031 City Of Dan App (3414 : Public Hearing: Case R-22-031: City of Danville, Virginia) 10.A.3.a Packet Pg. 70 Attachment: R-22-031 City Of Dan App (3414 : Public Hearing: Case R-22-031: City of Danville, Virginia) 10.A.3.a Packet Pg. 71 Attachment: R-22-031 City Of Dan App (3414 : Public Hearing: Case R-22-031: City of Danville, Virginia) 10.A.3.a Packet Pg. 72 Attachment: R-22-031 City Of Dan App (3414 : Public Hearing: Case R-22-031: City of Danville, Virginia) 10.A.3.a Packet Pg. 73 Attachment: R-22-031 City Of Dan App (3414 : Public Hearing: Case R-22-031: City of Danville, Virginia) 10.A.3.a Packet Pg. 74 Attachment: R-22-031 City Of Dan App (3414 : Public Hearing: Case R-22-031: City of Danville, Virginia) 10.A.3.a Packet Pg. 75 Attachment: R-22-031 City Of Dan App (3414 : Public Hearing: Case R-22-031: City of Danville, Virginia) 10.A.3.b Packet Pg. 76 Attachment: R-22-031 City Of Dan Map (3414 : Public Hearing: Case R-22-031: City of Danville, Virginia) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-029: J Cubas Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 5-3 vote, with opposition, that the Petitioner's request be granted. (Supervisor Scearce) Staff Contact(s): Emily S. Ragsdale Agenda Date: October 18, 2022 Item Number: 10.A.4 Attachment(s): R-22-029 J Cubas Holdings SS R-22-029 The Palace Resort App R-22-029 The Palace Resort Concept Reviewed By: SUMMARY: In Case R-22-029, J Cubas Holdings, LLC (“Petitioner”), has petitioned to rezone three (3) parcels totaling 90.08 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a campground). The subject properties are located on State Road 872/Vandola Church Road in the Westover Election District and shown on the Tax Maps as GPIN #s 1387-39-6322, 1387-29-6555, and 1388-30-6852. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 6, 2022, the Planning Commission recommended, by a 5-3 vote, with opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Community Development Staff recommends approval of Case R-22-029 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-029, I make a Motion to approve the rezoning of 90.08 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a Special Use Permit application to be submitted for a campground.” 10.A.4 Packet Pg. 77 10.A.4.a Packet Pg. 78 Attachment: R-22-029 J Cubas Holdings SS (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 10.A.4.a Packet Pg. 79 Attachment: R-22-029 J Cubas Holdings SS (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) Comprehensive Plan Amendment, Atlas Amendment & Zoning Change Subject Property Parcel ID: 1387-39-6322, 1387-29-6555, 1388-390-6852 Pittsylvania County, Virginia Applicant J. Cubas Holdings, LLC Joe Cubas, Manager July 10th, 2022 10.A.4.b Packet Pg. 80 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 2 TABLE OF CONTENTS Pittsylvania County Application for Rezoning 4 Board of Supervisors of Pittsylvania County (Petition) 5 Adjacent Property Owners 6 Office of Community Development Affidavit 9 Contract Purchaser/Owner Sales Agreement 10 Background 13 Land Use Change 1. Concurrency 16 2. Consistency with the Pittsylvania County Code & Ordinances 17 3. Consistency with the Pittsylvania County Comprehensive Plan 29 4. Impacts on Affordable Housing 53 5. Compatibility With Adjacent Land Uses 53 6. Environmental 55 7. Transportation 56 8. Master Plan of Development 57 Letter of Intent 61 RV Industry Association of America (RVIA) 64 Exhibits Conceptual Site Plans A Existing Surveys B Pittsylvania County Map of Subject Property C Pittsylvania County Map of Subdivisions D Pittsylvania County Zoning Map E Pittsylvania County Future Land Use Map F Pittsylvania County Future Land Use Map F-1 Pittsylvania County Southern Future Land Use Map F-2 Density Comparison Chart G Pittsylvania County MPO Study Area Map H Pittsylvania County MPO/VDOT Urbanized Area I Pittsylvania County Economic Development Corridor Map J Pittsylvania County Growth Node Areas K Pittsylvania County Brosville Growth Node Map K-1 Pittsylvania County Southern Growth Node K-2 Pittsylvania County High Growth Areas Population Density (2000) L Pittsylvania County Map of Adjoining 68 Ac of A-1 Agriculture District M 10.A.4.b Packet Pg. 81 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 3 Pittsylvania County Flood Zone X Map N Pittsylvania County Waste Collection Map O Pittsylvania County Rezoning Applications Surrounding Subject Property P Pittsylvania County Special Use Applications Surrounding Subject Property Q RVIA Virginia Annual Economic Impact R RVIA Virginia Impact Analysis Report R-1 RVIA North Carolina Annual Economic Impact S RVIA North Carolina Impact Analysis Report S-1 RVIA May 2022 RV Wholesale Shipment Market Report T Functional Classified Road Network Map U City of Danville Utilities Existing Water & Sewer Map V 10.A.4.b Packet Pg. 82 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 4 10.A.4.b Packet Pg. 83 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 5 10.A.4.b Packet Pg. 84 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 6 10.A.4.b Packet Pg. 85 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 7 10.A.4.b Packet Pg. 86 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 8 10.A.4.b Packet Pg. 87 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 9 10.A.4.b Packet Pg. 88 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 10 10.A.4.b Packet Pg. 89 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 11 10.A.4.b Packet Pg. 90 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 12 10.A.4.b Packet Pg. 91 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 13 BACKGROUND On May 10th, 2022, J. Cubas Holdings, LLC, a Florida Limited Liability Corporation, entered into a Commercial Purchase Agreement, attached herein, with a Virginia resident to purchase the subject property for the purposes of developing a high-end, luxury RV Resort to compliment the new Caesars Hotel & Casino under construction within the City of Danville as well as, the Speedways and other tourist attractions. Subsequently in June of 2022, The Palace Resort, LLC, entity that will take ownership of the resort was formed and registered in The Commonwealth of Virginia. The subject property is comprised of five parcels for a total of 106 acres. Two of the parcels (Parcel ID: 70545 & 70727) zoned commercial and located alongside Riverside Drive, lie within the jurisdiction of the City of Danville while the remaining contiguous three parcels (Parcel ID: 1387-39-6322, 1387-29-6555, 1388-30-6852) and subject to this rezoning application, are within the jurisdiction of Pittsylvania County. MARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513 PREPARED BY:PRELIMINARYNOT FOR CONSTRUCTIONPREPARED FOR: THE PALACERESORT C-1 1C-1 EXISTING CONDITIONS SCALE: 1" = 140' 10.A.4.b Packet Pg. 92 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 14 The Palace Resort will take access from Riverside Drive through the two contiguous parcels that will remain zoned “Commercial” for future development. The resort will be developed on the three parcels within the jurisdiction of Pittsylvania County subject to this rezoning application. They are presently zoned R-1 Residential Suburban Subdivision District. The Palace Resort is being designed as a high-end, luxury RV resort with an ancient Roman theme to compliment the new Caesars Palace Hotel & Casino under construction just five minutes away. The Resort will consist of 454 RV sites, some with “casitas”, feature a lake and a collection of first- class resort style amenities such as Roman-style pools & spas, restaurant, bar & grille, Clubhouse with entertainment rooms, gym, tennis and pickle ball courts and many other features. The Palace Resort will be the epitome of upscale living. Situated on Riverside Drive, aka, Business Hwy 58 in Danville Virginia, our luxury RV resort will be built from the ground up to ensure a truly customized, unique community. Just minutes from some of the area’s 5-star venues, Caesars Palace Resort & Casino and Martinsville Speedway, the Resort will also feature amazing shopping, fine dining, vineyards, breweries and wineries, golf courses and nightlife within a short drive. Our beautiful, gated resort will stretch across 106 lush acres of landscaped grounds in the heart of Southern Pittsylvania County and the City of Danville, minutes from the Virginia/North Carolina border. The Palace RV Resort will be a destination where relaxation, friendly guests, and a beautiful setting combine to make unforgettable memories. Flanked by renown racetracks, The Palace Resort will be perfectly positioned to capture racing fans as well as, “high rollers” visiting Caesars Palace and surrounding vineyards where 10 of the best wineries and vineyards in Southern Virginia and North Carolina are located within an hour’s drive for The Palace Resort. Therefore, in accordance with the Pittsylvania County Comprehensive Plan, Pittsylvania County Code, Chapter 35 Zoning, Pittsylvania County Code Chapter 21, Ordinances, Chapter 35 of the Statutes of the Commonwealth of Virginia as well as, the Danville 2030 Comprehensive Plan, 10.A.4.b Packet Pg. 93 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 15 enclosed please find the Comprehensive Land Use Change and Rezoning application submittal along with the Conceptual Site Plans to secure the required entitlements. 10.A.4.b Packet Pg. 94 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 16 REQUEST FOR LAND USE CHANGE 1. Concurrency a. Sanitary Sewer The subject property abuts to applicant owned commercial parcels 70545 & 70727 that abut to the ROW on Riverside Drive (Hwy 58) and is withing the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties with water & sewer. As shown in Exhibit V, The City of Danville has indicated that the sewer main is located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, County Code Chapter 35, County Ordinance Chapter 21, Article I, Sections 21-2 & 21-3, the subject property will connect to water & sewer. b. Potable Water The subject property abuts to applicant owned commercial parcels 70545 & 70727 that abut to the ROW on Riverside Drive (Hwy 58) and is withing the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties with water & sewer. As shown in Exhibit V, the City of Danville has indicated that the water main is located approximately 600 feet from the property. In accordance with the Pittsylvania County Comprehensive Plan, County Code Chapter 35, County Ordinance Chapter 21, Article I, Sections 21-2 & 21-3, the subject property will connect to water & sewer. c. Solid Waste The subject property will use a “Commercial Hauler” for solid waste collection in accordance with the Pittsylvania County Comprehensive Plan, Chapters 35 and Chapter 17, Solid Waste Disposal of the Pittsylvania County Code. d. Drainage The Conceptual Site Plans call for a lake approximately the size of 7-8 acre for the purpose of stormwater and drainage retention. However, the applicant will coordinate with the engineering department during the predevelopment phase as a prerequisite to obtain construction permits and/or development orders. 10.A.4.b Packet Pg. 95 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 17 2. Consistency with the Pittsylvania County Code & Ordinances The purpose of this application submittal package is to redesignate a portion of the subject property or approximately 91 acres, more specifically, Parcel Id: 1387-39-6322, 1387-29-6555 and 1388-30-6852, from (R-1) Residential District to (A-1) Agriculture District with the required Special Use Permit as per sections 35.177 and 35.179 respectively, to develop a high-end luxury RV resort in accordance with Chapter 35.138 of the Pittsylvania County Code & Ordinance, consisting of 454 sites, a lake, bar & grille and other recreational amenities. A Conceptual Master Site Plan has been submitted for the proposed luxury RV resort as part of this amendment application submittal. Although Chapter 35.138 of the County Code governs the standards for development of an RV resort or campground in Pittsylvania County, it does not provide for the setback requirements to adjacent residential use, living quarters or to a residential district boundary. The only applicable setback requirements for the RV resort can be found in Section 35.177 (A-1) Agriculture District, the appropriate and only zoning district within the Comprehensive Plan that allows for the development of an RV resort or campground under Section 35.179 as a Special Use Permit. The A-1 District provides setback requirements as follows: front setback to be a minimum of 60 feet or 35 feet from the edge of a public ROW, side setbacks to be a minimum of 10 feet and rear setbacks to be a minimum of 40 feet. The Conceptual Site Plan and Pittsylvania County GIS Maps show that the subject property is surrounded by R-1 Residential District on a portion of the west and south perimeter of the property, A-1 Agriculture District on the south-east perimeter of the subject property and two applicant owned commercial parcels that will be used as the entrance or access to the resort from Riverside Drive along the north perimeter of the property. The subject property is densely wooded with forestall trees. See Exhibit E for adjoining surrounding land uses. In an effort to protect surrounding neighbors and mitigate any intensity that may arise, the Conceptual Site Plan shows that the side setbacks of undisturbed forestall tree 10.A.4.b Packet Pg. 96 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 18 coverage range from a minimum of 100 feet to 530 feet when taken from the edge of the private ROW to the east boundary line of the subject property. The rear setback of undisturbed forestall tree coverage is 82 feet from the edge of the private ROW to the edge of the public ROW (Vandola Church Road) or 112 feet from the nearest RV lot line. The setback of undisturbed forestall tree coverage on the east side of the property that abuts to the A-1 District ranges from 102 feet to 206 feet from the edge of the private ROW to the property line or 132 feet and 236 feet respectively, from the edge of the RV lot line up to the lake to the property line. North of the lake, the minimum setback ranges from 85 feet to 115 feet respectively, thereafter. The setback of undisturbed forestall tree coverage on the north-east corner ranges from 80 feet to 150 feet from the edge of the private ROW to the property line or 110 feet and 180 feet respectively, from the RV lot line to the property line. The setback of undisturbed forestall tree coverage along the north perimeter of the subject property is a minimum of 150 feet from the edge of the private ROW to the subject property line. The Conceptual Site Plan shows that the setbacks provided are much greater than the most restrictive districts in the County Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District , which only require front setbacks of 35 feet, side setbacks of 20 feet and rear setbacks of 50 feet, respectively. In accordance with County Code Chapter 35.138. 2(a), Recreational Vehicle Parks, RV sites, lots or spaces shall be no less than 1600 square feet and no site shall be less than 25 feet in width. The Conceptual Site Plan calls for a total of 454 RV sites with three types of sites. The back-in sites are 1,991 square feet with a minimum width of 30. The Pull- Thru sites 3,982 square feet with the minimum width of 30 feet and the Premium sites with “Casitas” are 5,308 square feet with a minimum width of 40 feet. Additionally, the minimum size for a campground shall be on a property no less than 3 acres. The portion of the property subject to this rezoning application submittal is 91 acres. 10.A.4.b Packet Pg. 97 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 19 In accordance with Section 2.d., the maximum density allowed for this district is 20 sites per acre. The Conceptual Site Plan calls for a total of 454 sites or 5 sites per acre, well below the requirements of Section 2.d. Section 2.e. provides for Minimum Yard Dimensions. A separation distance of (10) feet is required between units set on RV lots and adjacent lot lines. Front yards, that portion of the lot between the unit and a public or private street in the campground, shall be no less than twenty (20) feet in depth which shall include the distance from the unit to the right- of-way line for the street. The Conceptual Site Plan shows that the separation distance Pittsylvania County Density Comparison Capter 35 Subject Total Zoning Ordinance District Units/Ac Property Units (Acres) Section 1,2,3,4The Palace Resort Subject Property 5 91 454 35.138 (d)Campgrounds & Recreational Vehicle Parks 20/Ac 91 1820 35.187 A-1 Agriculture 2 91 182 35.201 RE Residential Estates 1 per 5 Ac 91 18 35.224 R-1 Residential Suburban Subdivision 4.356/Ac 91 397 35.275 RC-1 Residential Combined Subdivision 4.356/Ac 91 397 35.289 RMF Residential Multi-Family 13/Ac 91 1183 35.296 (B)RPD Residential Planned Unit Development Single Family 3/Ac 91 273 Two Family-Detached Dwelling 5/Ac 91 455 Duplexes Multi-Family 15/Ac 91 1365 Townhouses 10/Ac 91 910 35.326 MHP Residential Manufactured Housing Park 7/Ac 91 637 1 Presently Zoned R-1. Future Land Use: Medium to High Density Residential 2 Subject property located within the Economic Development Corridor 3 Subject property Located in the Brosville Growth Node 4 Subject property locacted within the MPO/VDOT Study area. 10.A.4.b Packet Pg. 98 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 20 between units is at least, 20 feet for adjacent lot lines. Additionally, due to the length in size of the three types of RV sites; back-in 66’.4”, pull-thru at 132’.8” and the premium Pull-Thru sites w/ casitas at 150’.10”, every site will have more than the required 20 feet from the unit to a public or private street. Section 2.f. Open Space Recreation Area requires that no less than five (5) percent of the gross area of the facility shall be reserved as common open space and recreation facilities exclusive of required exterior boundary setbacks areas, pedestrian ways, parking bays, public & private streets and community storage facilities. The subject property is 91 acres. This section requires that 5% or 4.55 acres of Open Space/Recreational Areas. In addition to the amenities shown, open areas and a lake the size of 7-8 acres, the Conceptual Site Plans shows a total of 47.84 acres of open space in addition to the 5.29 acres for recreational areas, far exceeding the requirements of Section 2.f. Section 2.g. Minimum Off-street Parking Spaces requires that at least, one (1) off-street parking space on ten (10) feet by twenty (20) feet shall be provided for each lot or space, on or adjacent to the lot or space, and/or a total of two hundred (200) square feet. A consolidated parking area within sixty (60) feet of the lots or spaces may be used to provide required space. The Conceptual Site Plan shows one off-street parking space 10 feet X 20 feet provided at each site with additional parking near the offices and Clubhouse building. Although architectural or engineered construction drawings have not been created at this time, the applicant will abide by Section 2.h., Maximum Height of Buildings, that requires that buildings in this district will be limited to 35 feet in height. The subject property will have signs, more specifically, at the entrance of the resort visible from Riverside Drive and in accordance with Section 2.i. 10.A.4.b Packet Pg. 99 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 21 The Palace Resort will be a transient resort and consist of 454 RV sites, some with “casitas”. However, although “casitas” will be erected on some of the premium sites, they will be built in accordance with state and local building codes but more importantly, will not be attached to any unit whatsoever, or built in a manner that would inhibit the ability of the unit to me moved. In accordance with Section 4.a., the subject property abuts to the ROW of Riverside Drive (Hwy 58) and is within the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties within the Economic Development corridor with water supply. The City of Danville has indicated that the water main is located approximately 600 feet from the subject property as shown in Exhibit V. In accordance with the Pittsylvania County Comprehensive Plan, Chapter 21 and Chapter 35 of the Pittsylvania County Code, the subject property will connect to City water. Furthermore, each RV site will have frost-free water lines & sewer hookups approved by the Health Department as all units allowed into the resort will be self-contained units. In accordance with Section 4.b. Sewer Facilities, the subject property abuts to the ROW of Riverside Drive (Hwy 58) and is within the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties within the Economic Development corridor with sewer facilities. As shown in Exhibit V, the City of Danville has indicated that the sewer main is located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, Chapter 21, Chapter 35 of the Pittsylvania County Code, the subject property will connect to City sewer. Furthermore, each RV site will have sewer hookups approved by the Health Department as all units allowed into the resort will be self-contained units. 10.A.4.b Packet Pg. 100 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 22 Chapter 41 Noise Control Ordinance The Board of Supervisors of the County of Pittsylvania, Virginia, hereby finds and declares that excessive noise and sound is a hazard to the public health, welfare, safety, peace, and the quality of life of the citizens of Pittsylvania County; that a substantial body of science and technology exists by which excessive noise and sound may be substantially monitored, controlled and abated; that the people of the County of Pittsylvania have a right to and should be insured of an environment free from excessive sound and noise pollution, that may jeopardize the public health, welfare, safety, and peace or degrade the quality of life in Pittsylvania County; and that it is the policy of the County of Pittsylvania to prevent such excessive noise and sound. The weighted noise or sound pressure level is obtained by the use of a sound level meter and the A- frequency-weighting network, as specified in American National Standards Institute Specifications for Sound Level Meters. May 23, 2022 0 0.2 0.40.1 mi 0 0.3 0.60.15 km 1:8,000 10.A.4.b Packet Pg. 101 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 23 In-air noise when frequency-weighted to approximate human hearing is measured on an A-weighted scale, denoted as dBA.1 The A-weighted decibel scale begins at zero, which represents the faintest sound level that humans with normal hearing can hear. Decibels are measured on a logarithmic scale so each 10 dB increase doubles the sound; therefore a noise level of 70 dBA is twice as loud to the listener as a noise of 60 dBA (USDOT 1995). The following table shows typical noise levels generated by common indoor and outdoor activities and provides possible human responses. Typical noise levels and possible human responses. From: <http://www.nonoise.org/resource/educat/ownpage/soundlev.htm>. Common Noises Noise Level (dBA) Effect Rocket launching pad (no ear protection) 180 Irreversible hearing loss Carrier deck jet operation/ Air raid siren 140 Painfully loud Thunderclap 130 Painfully loud Jet takeoff (200 feet) Auto horn (3 feet) 120 Maximum vocal effort Pile driver Rock concert 110 Extremely loud Garbage truck/ Firecrackers 100 Very loud Heavy truck (50 feet) City traffic 90 Very annoying Hearing damage (8 hours of exposure) Alarm clock (2 feet)/ Hair dryer 80 Annoying Noisy restaurant/ Freeway traffic/ Business office 70 Telephone use difficult 10.A.4.b Packet Pg. 102 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 24 Air conditioning unit/ Conversational speech 60 Intrusive Light auto traffic (100 feet) 50 Quiet Living room, Bedroom/ Quiet office 40 Quiet Library/soft whisper (15 feet) 30 Very quiet Broadcasting studio 20 Very quiet 10 Just audible Threshold of hearing 0 Hearing begins Noise is a pressure wave that decreases in intensity over distance from the source. Noise attenuation is generally described as a reduction in decibel level per doubling of distance from the source. When reporting the noise level from a source, one should always specify the reference distance from the source for the sound measurement or estimated source. A standard reference distance for source noise levels is 50 feet. The two most common types of noise are point source and line source. Point Source Point source noise is usually associated with a source that remains in one place for extended periods of time. However, noise from a single traveling vehicle is also considered a point source noise. Noise from a point source spreads spherically over distance. The standard reduction for point source noise is 6 dB per doubling of distance from the source. Line Source Noise Line source noise is generated by moving objects along a linear corridor. Highway traffic is a good example of line source noise. Noise Path Reduction Factors Natural factors such as topography, vegetation, and temperature can further reduce noise over distance. This section covers a few of the 10.A.4.b Packet Pg. 103 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 25 common factors and their applicability in increasing the noise reduction per doubling of distance from the source. Hard Site vs Soft Site A hard site exists where noise travels away from the source over a generally flat, hard surface such as water, concrete, or hard-packed soil. These are examples of reflective ground, where the ground does not provide any attenuation. The standard attenuation rate for hard site conditions is 6 dB per doubling of distance for point source noise and 3 dB per doubling of distance from line sources. When ground cover or normal unpacked earth (i.e., a soft site) exists between the source and receptor, the ground becomes absorptive of noise energy. Absorptive ground results in an additional 1.5 dB reduction per doubling of distance as it spreads from the source. Added to the standard reduction rate for soft site conditions, point source noise attenuates at a rate of 7.5 dB per doubling of distance, and line source noise decreases at a rate of 4.5 dB per doubling of distance. Topography, Vegetation, and Atmospheric Factors A break in the line of sight between the noise source and the receptor can result in a 5 dB reduction. Dense vegetation can reduce noise levels by as much as 5 dB for every 100 feet of vegetation, up to a maximum reduction of 10 dB over 200 feet (USDOT 1995). Atmospheric conditions can also affect the rate of noise attenuation. Noise travels farther during periods of higher humidity and also in colder temperatures (USDI 2003). Wind can reduce noise levels by as much as 20 to 30 dB at long distances (USDOT 1995). To accurately measure the noise or intensity created by traffic within the perimeter private roads of the resort in decibel levels, we need to measure the distance between the source (ROW) to the property line with surrounding neighbors. As such, the Conceptual Site Plan shows setbacks comprised of existing dense forestall vegetation. The 10.A.4.b Packet Pg. 104 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 26 distances between the perimeter roads of the resort to the property lines with surrounding neighbors is as follows: Front Setback: 150 Feet Side Setback (West) 100 Feet to 530 Feet Side Setback (East) 102 Feet to 206 Feet Rear Setback 82 Feet Therefore, when the sound pressure level is obtained by the use of a sound level meter and the A- frequency-weighting network, as specified in American National Standards Institute Specifications for Sound Level Meters and shown in (USDOT 1995) when measured from the source at a distance of 50, factoring in the topography and vegetation of the subject property that will further reduce noise over distance on either a “Hard Site” or “Soft Site” by an additional 6 dB per doubling of distance for point source noise and 3 dB per doubling of distance from line sources, the intensity on surrounding neighbors created by noise will be as follows: Front Setback (150) Source Noise Noise Hard Site Distance Noise Level Level Attenuation (6 db) (6-dB) (Feet) Prop Line (50 Ft) Freeway Traffic 70 -6dB -6dB 100 58 dB 200 46 dB • Light Auto Traffic 50 -6 dB -6 dB 200 38 dB Side Setback (West) 100 – 530 Feet Source Noise Noise Hard Site Distance Noise Level 10.A.4.b Packet Pg. 105 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 27 Level Attenuation (6 db) (6-dB) (Feet) Prop Line (50 Ft) Freeway 70 -6dB -6dB 100 58 dB Traffic 200 46 dB 400 34 dB • Light Auto Traffic 50 -6dB -6dB 200 38 dB 400 26 dB Side Setback (East) 102 – 206 Feet Source Noise Noise Hard Site Distance Noise Level Level Attenuation (6 db) (6-dB) (Feet) Prop Line (50 Ft) Freeway 70 -6dB -6dB 100 58 dB Traffic 200 46 dB • Light Auto Traffic 50 -6dB -6dB 200 38 dB Rear Setback (Edge of ROW Vandola Church Rd) 82 Feet Source Noise Noise Hard Site Distance Noise Level Level Attenuation (6 db) (6-dB) (Feet) Prop Line (50 Ft) Freeway 70 -6dB -6dB 100 58 dB • Light Auto Traffic 50 -6dB -6dB 200 38 dB • Source Level Measured at 100 feet. • Washington Biological Assessment Preparation, Advanced Training Manual Version 02-2012 10.A.4.b Packet Pg. 106 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 28 Dimensions from Center of Amenities Area to Property Line or Existing Homes 10.A.4.b Packet Pg. 107 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 29 3. Consistency with the Pittsylvania County Comprehensive Plan Introduction The quality of life in a community can not be measured by statistics. It can only be expressed in terms of the collective experiences enjoyed by the residents. It includes such things as a comfortable climate, recreational and entertainment opportunities, educational and cultural life, and an aesthetically pleasing living environment. Goals, Objectives and Implementation Strategies Community Facilities and Services Goal #1 To plan for, construct, and maintain needed community facilities is a manner that is cost effective, environmentally sound and consistent with the growth objectives contained in this plan. Objective #4 Consistent with this plan, develop and maintain public water and wastewater systems to meet the needs of a growing commercial, industrial and residential base. Strategies 1. Prepare an updated water and sewer master plan for the County. 2. Develop a County-wide, interconnected utility system to provide water and sewer service to all growth areas of the County and the Economic Development Corridor. 3. Coordinate water and sewer service with the Future Land Use Map to encourage planned, orderly growth by prioritizing utility service to identified residential, commercial and industrial growth areas. 4. Consider a mandatory utility connection fee, or alternative funding system, to make water and sewer extension projects more cost effective. 10.A.4.b Packet Pg. 108 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 30 5. Take full advantage of enabling legislation pertaining to the use of proffers including the use of a cash proffer program to help finance utility infrastructure improvements. Consistent with the Pittsylvania County Comprehensive Plan, County Code Ordinances, more specifically Chapter 35 and the Danville 2030 Comprehensive Plan, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor and as shown in Exhibits F-1, F-2, K, K-1, K-2 and Exhibit J. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps Exhibit F. As such, through a service agreement between the County and the City of Danville for water & sewer, the City has advised that public water & sewer mains are presently located 600 feet from the applicant’s commercial contiguous properties that that will provide access from Legend Assessed Parcels Parcels Economic Development Corridors Growth Node Areas Blairs Brosville Chatham Gretna Hurt Kentuck Leesville Lake Shore Mount Hermon Mount Cross Ringgold Smith Mountain Lake County Boundary Title: Brosville Growth Node Date: 7/21/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT K-1 10.A.4.b Packet Pg. 109 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 31 Riverside Drive to the Resort. At this time, the applicant and the City are in discussions to extend the main lines to the property line. If approved, The Palace Resort will connect, as per Chapter 21 of the Pittsylvania County Code, to City water & sewer. Economic Development Located in the South-Central Piedmont region of Virginia, Pittsylvania Country is well positioned to serve the needs of manufacturing and other industry – just a day’s shipping distance from two-thirds of the U.S. population. The North Carolina state line and city of Danville form the county's southern boundary. The county has developed a substantial manufacturing and commercial base largely as a result of its skilled workforce, excellent highway, rail systems and transportation systems. The county is part of the Danville Metropolitan Statistical Area (MSA), representing a major market and trade center for Southside Virginia. The County has a variety of industrial park sites that each have their own unique attributes. This geographic dispersion and variety of site characteristics allows the County to accommodate most any industrial or commercial need. Among the sites available for development are: Chatham North Industrial Park, Chatham South Industrial Park, East Bowles Industrial Park, Gretna Industrial Park, Key Industrial Park, Cane Creek Centre, Ringgold Industrial Park East, Ringgold Industrial Park West, Berry Hill Mega Park. Goal Build a healthy and diverse economic base that provides well-paying jobs and generates sufficient revenue to pay for the service needs of both businesses and the citizenry without degrading the County’s natural resources or the overall quality of life. Objectives 1. Continue to expand Pittsylvania County’s commercial and industrial tax base. 10.A.4.b Packet Pg. 110 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 32 2. Enhance the long-term visual attractiveness of the County’s major commercial corridors. 3. Expand job opportunities for Pittsylvania County residents. 4. Increase visitation and tourism to Pittsylvania County. 5. Promote Pittsylvania County as an attractive location for economic development. 6. Encourage mixed-use development in appropriate areas. 7. Encourage creativity in the design of economic development projects. Strategies 1. Development of business/industrial parks in the County, with primary emphasis on improving vehicular access and public sewer and water and stormwater management facilities in economic development areas. 2. Assist existing businesses with sewer and water extensions that will facilitate their retention and/or expansion. 3. Promote the adaptive re-use of existing vacant, blighted commercia properties in key, highly visible locations by purchasing selected properties, demolishing existing structures, improving the sites, and preparing them for redevelopment by the private sector. 4. Promote revitalization effort along commercial corridors. 5. Exploit, upgrade, and extend existing rail linkages in Pittsylvania County to promote industrial and warehousing uses. 6. Require landscaping and, to the extent practical, the preservation of existing trees and vegetation in all new economic development and redevelopment. 7. Participate in the development of events and facilities designed both to bring visitors into the area during the shoulder seasons or off-season and to encourage visitors to remain longer. 8. Upgrade the County’s Economic Development web site for marketing purposes. 10.A.4.b Packet Pg. 111 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 33 9. Support the development of state-of-the-art telecommunications facilities in appropriate locations in the County. 10. Actively work with regional entities and local colleges and universities to develop and promote regional strategies and plans that will benefit the economic well-being of Pittsylvania County. 11. Foster mutual communication and cooperation among the County government, the EDA, and the business community. 12. Provide opportunities for the mixing and integration of different types of uses both business and residential – within a single development under a coherent overall master plan. Consistent with the Pittsylvania County Comprehensive Plan, County Code Ordinances, more specifically Chapter 35 and the Danville 2030 Comprehensive Plan, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. Moreover, the property lies on Hwy 58, a four-lane main arterial within the County linking the County to the national system of interstate highways in Virginia and North Carolina and just east of the Berry Hill Mega Industrial Park as shown in Exhibit U. 10.A.4.b Packet Pg. 112 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 34 The approval of this application for The Palace Resort, along with the two commercial parcels for future commercial development taking access from Hwy 58, would meet all of the objectives outlined in Chapter Four, subsection Economic Development of the County’s Comprehensive Plan. More specifically, the approval would (1) continue to expand the County’s commercial and industrial tax base, (2) enhance the long-term visual attractiveness of the County’s major commercial corridor, (3) expand job opportunities for County employees, (4) increase visitation and tourism to the County especially since the resort will be a luxury resort and transient in nature and (5) promote the County as an attractive location for economic development. Furthermore, although The Palace Resort would probably not be categorized as a “mixed-use” development, the addition of future commercial development on the two applicant owned adjoining parcels would provide for a ”mixed-use” nature under single ownership on a major arterial and Economic Development Corridor. As such, objectives 6 and 7 would also be met upon approval of this application request since The Palace Resort would be developed in an appropriate Legend Assessed Parcels Parcels Economic Development Corridors County Boundary Title: Economic Development Corridor Date: 7/21/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. EXHIBIT J 10.A.4.b Packet Pg. 113 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 35 area (Economic Development Corridor) and its being designed with the creativity to address any potential intensity in regards to setbacks, buffers and noise with the preservation of existing trees and forestall areas throughout the resort and its neighbors yet, with visibility to Hwy 58 to improve its economic development and tax base to the County. Transportation Transportation planning in Virginia is undertaken through a partnership of state, local, and federal participants. Pittsylvania County has areas that are urbanizing and included in the Danville (Pittsylvania) Metropolitan Planning Organization’s (MPO) Planning Study Area and areas that are rural and are addressed by the Rural Transportation Plan that is developed in concert with the County staff, VDOT staff, and staff of the West Piedmont Planning District Commission, often with consultants assisting the effort. In either the rural or urbanizing area, the transportation planning is intended to be multi-modal and comprehensive. The MPO is responsible for preparing the Danville-Pittsylvania County region’s 2035 Long- Range Transportation Plan and identifying existing and future transportation conditions and needs. Each member jurisdiction, including Pittsylvania County, is responsible for supplying the MPO recommendations on its identified transportation needs. The County participated in development of a long-range transportation plan for the Year 2035 which 10.A.4.b Packet Pg. 114 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 36 was completed in 2010. The County contains a number of important primary roads and an extensive network of secondary roadways that provide adequate travel routes within the County. Primary Routes US 29 and US 58 are the four-lane main arterials within the County linking the County to the national system of interstate highways in Virginia and North Carolina. Other important primary routes are Route 40, Route 41, Route 57, Route 62, and Route 360. The Virginia Department of Transportation Highway, in cooperation with the County, applies classifications to the County’s various roadways. Highway 58 has been classified as a Principal Arterial as shown in Exhibit U, Functional Classified Road Network, Map VII- 2. The County’s Future Land Use Plan envisages the following future land uses spread across the ten growth areas assigned in the County. For each, there are discussion points where Legend Assessed Parcels Parcels MPO Study Area County Boundary Title: MPO Study Area Date: 7/21/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT H 10.A.4.b Packet Pg. 115 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 37 some relationship is drawn with the transportation network. It is recognized that there is a strong interrelationship between a land use activity area and adjacent transportation network feature. Medium- to High-Density Residential Areas In these areas, it is expected that 0.25- to 1.0-acre residential lots will prevail and that there will be good access to local streets and highways particularly. Development of public infrastructure to service the areas and their location in designated growth areas of the County makes these areas suitable as the County’s future Urban Development Areas. LAND USE PLAN GOALS, OBJECTIVES, STRATEGIES AND TRANSPORTATION In reviewing the Plans Goals, Objectives, and Strategies, there were a number of items that appear to fairly directly relate to transportation. One strategy notes that commercial and industrial areas should be encouraged at node locations displayed on the Land Use Plan Map. An objective note discouraging scattered development patterns which are incompatible with the County’s ability to provide adequate and cost-effective public services and facilities. A strategy recommends amending the County’s zoning and subdivision ordinances to provide density bonuses for developments that demonstrate conservation site design principles and/or incorporate low impact development techniques. Another strategy recommends direct development to areas served, or proposed to be served, by adequate public facilities and infrastructure. There is also a strategy that recommends adoption of zoning and subdivision ordinance revisions to allow and promote cluster subdivisions within the County. Finally, another strategy recommends development of a highway corridor design manual and highway overlay districts for the County’s main gateway thoroughfares. COUNTY-WIDE ACCESS MANAGEMENT PROGRAM The County’s highways are an important public resource and represent a major public investment that should be preserved. They provide the means for residents’ trips to work, to shop, to go to school, 10.A.4.b Packet Pg. 116 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 38 to travel. Highways are essential for commerce, trade and tourism. Yet, as land develops along a road, the potential exists for highway corridors to become lined with numerous, closely spaced entrances, traffic signals, and median openings - many of which do not have proper left/right turn lanes. These deficiencies lead to a high rate of accidents, congestion, and a reduction in the traffic carrying capacity of the road. The goal of access management is to achieve a safe and efficient flow of traffic along a roadway while preserving reasonable access to abutting properties. By applying a set of traffic control methods, the quality of the County’s network of roads can be maintained and improved. Techniques for managing access include: • Standards for the location, spacing, and design of driveway entrances; • Median treatments; • Providing exclusive right and left turn lanes; • Connecting the parking lots and streets of neighboring land uses; and, • Increasing the distance between traffic signals. Goal #1 To develop and maintain a safe and efficient transportation system. Objective #1 To establish and maintain a level of service of “C” or better for all secondary and primary highway intersections in the County. Strategies 6. Ensure that all established growth areas within the County are connected by arterial corridors. 7. Consistent with the recommendations contained in the land use chapter of this plan, promote an efficient land use pattern that promotes new residential areas within the county’s designated growth areas. 10.A.4.b Packet Pg. 117 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 39 8. Plan for and encourage through rezoning actions and subdivision approvals pedestrian and vehicular interconnectivity between neighborhoods and activity centers such as shopping areas, schools, libraries, and community centers. Goal #2 To encourage a balanced efficient transportation system. Objective #1 Promote transit and van pool ridership in Pittsylvania County. 2. In accordance with the recommendations contained within the land use chapter of this plan, promote residential development at densities sufficient to support transit in the southern growth areas of the County. 3. Support and promote van pooling opportunities in the County. Consistent with the Pittsylvania County Comprehensive Plan, County Code Ordinances, more specifically Chapter 35 and the Danville 2030 Comprehensive Plan, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor. Additionally, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. Furthermore, the property lies on Hwy 58, a four-lane main principal arterial road and a classification of “C” within the County linking the County to the national system of interstate highways in Virginia and North Carolina and just east of the Berry Hill Mega Industrial Park. 10.A.4.b Packet Pg. 118 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 40 Economic Development Corridors The focus here is special designation to recognize the importance of the key transportation routes of Route 58 and Route 29. Parcel development will want use of full water and sewer services and broadband services on the highway corridors. It is desirable to locate industry projects on or adjacent to the highway corridor. Clustering is desirable in order to reduce sprawl potential. Development will want to employ access management requirements and follow the VDOT guidelines for development. Moreover, consistent with Chapter VII of the County’s Comprehensive Plan, with continued interest in developing parcels like The Palace Resort along Route 58 west corridor in the County and concern for the potential traffic conflict points developing in the future as commercial and professional businesses locate on the route to associate with Legend Assessed Parcels Parcels Economic Development Corridors Future Land Use Areas Commercial Conservation Industrial Medium to High Density Residential Mixed Commercial/Industrial County Boundary Title: FUTURE LAND USE Date: 5/12/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT F 10.A.4.b Packet Pg. 119 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 41 the industrial development of the future, the MPO is moving to assist the County by developing access management plans for the corridor in the future. These can supplement the plan developed by the MPO for the City in 2007 along the Route 58 section from Piedmont Drive intersection westward to the Danville City Limits. 10.A.4.b Packet Pg. 120 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 42 Furthermore, Access management objectives can be achieved through land use strategies that discourage strip development and promote clustering of land uses into commercial/residential nodes near existing developed areas and at major highway intersections. In an effort to maintain the safety and security of ongoing traffic patterns along Highway 58 especially coming from the Martinsville Highway, the applicant is in discussion with the City of Danville to establish a deceleration and acceleration lanes to enter the resort through one access point. Discussions are also ongoing for a crossover lane coming from the east. Finally, in an effort to alleviate the intensity created by transportation onto Hwy 58, as part of The Palace Resort Business Plan, van pooling services will be provided to our guests from the resort to Caesars Hotel & Casino, the racetracks, the downtown area and other tourist destinations within the City of Danville. Land Use and Growth Management The County’s existing land use pattern has been influenced by many factors. Prior to government intervention, land use patterns in the County were influenced solely by market forces and the environmental characteristics of land. Later, with the adoption of local regulatory and policy tools (subdivision and zoning ordinance; capital improvement program, comprehensive plan, etc.), the County began to play a much more active role in shaping land use patterns. County decisions on public facility locations, specifically public water and wastewater lines, also have influenced existing growth patterns. This section is intended to provide information to help guide the Planning Commission and the Board of Supervisors as decisions are made on rezonings, special use permits, subdivision approvals and infrastructure projects. Designated Growth Areas Exhibits K, K-1, K-2 and Exhibit L, from the County’s Comprehensive Plan, shows that the subject property is located in the Brosville Growth Node Area. The future land use plan also shows that the subject property is within the 10.A.4.b Packet Pg. 121 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 43 Economic Development Corridor. This corridor follows the main transportation routes, including the railroad, and represents the areas most suitable for commercial and industrial development. 10.A.4.b Packet Pg. 122 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 44 Although the subject property is not considered an industrial development site as per Chapter VIII of the County’s Comprehensive Plan, it does possess certain criteria that must be met for any industrial site to be successfully developed. Among these criteria are adequate and available utility services, suitable topography, convenient and adequate transportation routes and transportation modes, and an available workforce. Not all areas of the County can meet this criteria and development tends to come to the areas that are the most suitable. The County’s economic development plan is to have a variety of sites available that can meet a variety of industrial and commercial needs. As Pittsylvania County continues to experience residential, commercial and industrial growth, there will be continued pressure on the County’s open space, agricultural and forested areas to be developed for these uses. However, consistent with the County’s Comprehensive Plan, future residential, commercial and industrial development should be encouraged to locate in the designated growth areas of the County where adequate public services are available or planned. 10.A.4.b Packet Pg. 123 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 45 As such, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. Additionally, through a service agreement between the County and the City of Danville for water & sewer, the City has advised that public water & sewer mains are presently located 600 feet from the applicant’s commercial contiguous properties that that will provide access from Riverside Drive to the Resort. Furthermore, the future land use map in Chapter VIII should be used as a general guide for future County development patterns. Implementation of the future land use map recommendations will require amendments to the County’s development codes to provide both requirements and incentives for the conservation of land. Future Land Use The Future Land Use Map is a general guide for the future development of Pittsylvania County. The plan can further be used in the evaluation of specific land development proposals, the expansion of public utilities and facilities, and in reviewing the effectiveness of zoning and subdivision ordinances. The Future Land Use Map shows a desired land use pattern that can be followed as development occurs through the year 2030. The basic premise of the Future Land Use Map is to separate incompatible land uses and match the community’s development needs with the geographic areas that are the most suitable. In order to promote and protect agriculture and forestry, dense growth should be discouraged in the most rural areas of the County and encouraged in areas with adequate public infrastructure. Public water and sewer should be encouraged in residential areas with medium to high density levels and commercial/industrial areas. Commercial growth should be encouraged in clusters or nodes, rather than in sprawling 10.A.4.b Packet Pg. 124 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 46 strip developments. Industrial growth should be focused on areas with public utilities and easy access to adequate transportation facilities. Medium to High Density Residential Public utilities should generally be available or could be reasonably extended in the future. High density uses such as multi-family apartments, duplexes and townhouses, as well as planned unit developments, should have direct access to public utilities. Conflicts between high-density multi-family and medium density single-family should be minimized by careful siting, screening and buffers. New high density multi-family projects should only be approved after a public hearing process. This area would be suitable for New Urbanism or Traditional Neighborhood Developments, as explained in the Housing section of this plan. The presence of public infrastructure in this category, located within the designated growth areas of the County, makes these areas particularly suitable for medium to high-density residential growth. 10.A.4.b Packet Pg. 125 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 47 Consistent with the Pittsylvania County Comprehensive Plan, County Code Ordinances, more specifically Chapter 35 and the Danville 2030 Comprehensive Plan, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor. Furthermore, in addition to the two contiguous commercial parcels (13-Acres) within the City of Danville owned by applicant, the Future Land Use of approximately 13 acres of the subject property, that also lie withing the Economic Development Corridor, have been designated commercial while the balance of the subject property or 78 acres, have been designated as Medium to High Density Residential as shown in Exhibits F and J. 10.A.4.b Packet Pg. 126 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 48 As such, through a service agreement between the County and the City of Danville for water & sewer, the City has advised that public water & sewer mains are presently located 600 feet from the applicant’s commercial contiguous properties that will provide access from Riverside Drive to the Resort. At this time, the applicant and the City are in discussions to extend the main lines to the property line. If approved, The Palace Resort will connect to City water & sewer in accordance with Chapter 21 and Chapter 35 of the County Ordinance and Comprehensive Plan. As such, the subject property has direct access to public utilities. Furthermore, the Conceptual Site Plan shows that through careful planning, any conflicts between high-density multi-family and medium density single- family have been minimized by careful siting, screening and buffers. More specifically, the Legend Assessed Parcels Parcels Economic Development Corridors Future Land Use Areas Commercial Conservation Industrial Medium to High Density Residential Mixed Commercial/Industrial County Boundary Title: FUTURE LAND USE Date: 5/12/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT F 10.A.4.b Packet Pg. 127 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 49 setbacks provided in undisturbed forestall areas around the entire perimeter of The Palace Resort far exceed the requirements of the County’s Comprehensive Plan, Section 35.138 and County Ordinances. As such, the screening provided in setbacks are as follows: (i) The side setbacks of undisturbed forestall tree coverage range from a minimum of 100 feet to 530 feet when taken from the edge of the private ROW to the east boundary line of the subject property. Note that the most restrictive districts in the County Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District only require side setbacks of 20 feet. (ii) The rear setback of undisturbed forestall tree coverage is 82 feet from the edge of the private ROW to the edge of the public ROW (Vandola Church Road) or 112 feet from the nearest RV lot line. Note that the most restrictive districts in the County Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District only require rear setbacks of 50 feet. (iii) The side setback of undisturbed forestall tree coverage on the east side of the property that abuts to the A-1 Agricultural District ranges from 102 feet to 206 feet from the edge of the private ROW to the property line or 132 feet and 236 feet respectively, from the edge of the RV lot line up to the lake. North of the lake, the minimum side setback ranges from 85 feet to 115 feet thereafter. The setback of undisturbed forested tree coverage on the north-east corner ranges from 80 feet to 150 feet from the edge of the private ROW to the property line or 110 feet and 180 feet respectively, from the RV lot line to the property line. Note that the most restrictive districts in the County Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District only require side setbacks of 20 feet. (iv) The front setback of undisturbed forestall tree coverage along the north perimeter of the subject property is a minimum of 150 feet from the edge of the private ROW to the subject property line. Note that the most restrictive districts in the County 10.A.4.b Packet Pg. 128 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 50 Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District only require front setbacks of 35 feet. Economic Development Corridors The Future Land Use Map shows Economic Development Corridors located along the County’s main highway thoroughfares of U.S. Route 58 and U.S. Route 29. These corridors have a special designation to recognize the importance of these key transportation routes. The corridor varies in size in some areas so that the important railroad along U.S. Route 29 can be included. This Economic Development Corridor should be the primary focus area for economic development in the County due to its transportation access and public utility availability. A key goal for the 2010 Pittsylvania County Comprehensive is to have full water and sewer service throughout these east/west and north/south corridors. Due to the existing highway traffic, it is also likely that all significant retail operations will be within the corridor area. In the future, the County may want to consider special design and development guidelines within the Economic Development Corridor to recognize the high visibility of this area to the traveling public and the importance of quality development within this key area. While the entire Economic Development Corridor is suitable for these uses, it is expected and intended that development occur in clusters at the most suitable sites first, and then expand over time. The cluster concept reduces sprawl development and minimizes infrastructure cost. Access Management requirements must also be addressed in all new developments within this corridor, in accordance with VDOT guidelines. Goals, Objectives and Implementation Strategies Land Use Goal #1 10.A.4.b Packet Pg. 129 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 51 To achieve a balanced land use system that provides sufficient and compatible land areas for all community land use needs, while protecting sensitive natural environments and important local historic and cultural resources. Objective #1 Promote a strong and diversified industrial and commercial base which does not create significant impacts on residential areas, prime agricultural lands or public facilities. Strategies 1. Use the Future Land Use Map contained in this plan as a general guide for future commercial and industrial land use decisions. 2. Encourage new commercial and industrial areas to node locations as shown on the Future Land Use Map. Objective #2 Discourage scattered development patterns which are incompatible with the County’s ability to provide adequate and cost effective public services and facilities. Strategies 5. Direct development to areas already served, or proposed to be served, by adequate public facilities and infrastructure. 6. Ensure that all new water line and sewer line extensions designed to serve new development are located within, and only serve areas within designated growth areas. Objective #3 Enhance the rural and environmental character of the County through the preservation of agricultural and forestall lands, wetlands, flood hazard areas, and steep slopes. 10.A.4.b Packet Pg. 130 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 52 Strategies 5. Adopt zoning and subdivision ordinance revisions to allow and promote cluster subdivisions within the County. Objective #4 Adopt and maintain appropriate land use ordinances and voluntary programs designed to guide and implement the provisions of this comprehensive plan. Strategies 1. Amend the County zoning ordinance to provide enhanced standards for signage, noise, landscaping, buffering, and lighting. In accordance with the Goals, Objectives and Strategies of the Land Use Section, more specifically, Chapter VIII of the Pittsylvania County Comprehensive Plan, the subject property lies within the Brosville Growth Node Area outlined in the County’s Economic Development Corridor. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. As such, the Future Land Use Map contained in this plan should be used as a general guide for future commercial and industrial land use decisions. Moreover, new development should be encouraged in new “commercial” areas to node location as shown on the Future Land Use Map. Furthermore, if approved, (i) the subject property would be developed in an area already served, or proposed to be served, by adequate public facilities and infrastructure and (ii), new water line and sewer line extensions have been designed and are already in place to serve the subject property as it is located in an area within designated growth areas. 10.A.4.b Packet Pg. 131 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 53 Additionally, although The Palace Resort may not be technically considered a “cluster development” under a residential district since it will be a transient luxury RV resort under Sections 35.177, 35.179 and 35.138 respectively, in essence, it is a cluster subdivision development that should be encouraged and promoted by the County in its efforts to discourage sprawl developments. 4. Impacts on Affordable Housing This application request does not have any impacts on affordable housing as The Palace Resort will be transient in nature. 5. Compatibility With Adjacent Land Uses The subject property is presently zoned R-1, Residential District, with a Future Land Use of Medium to High Density Residential. As per the Pittsylvania County Code of Ordinances, more specifically, Sections 35.177 & 35.179, the subject property is required to be rezoned to (A-1) Agriculture District with a Special Use Permit in order to be developed in accordance with Chapter 35.138 for an RV resort. As per Exhibit M from the County’s GIS system, the subject property abuts or is contiguous to three large parcels totaling more than 68 acres, that are zoned A-1 Agriculture. Therefore, the rezoning of the subject property from R-1 to A-1 will maintain compatibility with the adjoining property and provide continuity to the neighborhood and surrounding properties. 10.A.4.b Packet Pg. 132 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 54 Additionally, in accordance with the Goals, Objectives and Strategies of the Land Use Section, more specifically, Chapter VIII of the Pittsylvania County Comprehensive Plan, the subject property lies within the Brosville Growth Node Area outlined in the County’s Economic Development Corridor. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. As such, the Future Land Use Map contained in this plan should be used as a general guide for future commercial and industrial land use decisions. Moreover, new development should be encouraged in new “commercial” areas to node location as shown on the Future Land Use Map. Furthermore, if approved, (i) the subject property would be developed in an area already served, or proposed to be served, by adequate public facilities and infrastructure and (ii), Legend Assessed Parcels Parcels Zoning A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: Adjoining 68 Acres of A-1 Zoning Date: 5/12/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT M 10.A.4.b Packet Pg. 133 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 55 new water line and sewer line extensions have been designed and are already in place to serve the subject property since it is located in an area within designated growth areas. Additionally, although The Palace Resort may not be technically considered a “cluster development” under a residential district since it will be a transient luxury RV resort under Sections 35.177, 35.179 and 35.138 respectively, in essence, it is a cluster subdivision development that should be encouraged and promoted by the County in its efforts to discourage sprawl developments. 6. Environmental The subject property is presently zoned R-1 and lies within the Flood Zone X of the Brosville Growth Node Area outlined in the County’s Economic Development Corridor. The Future Land Use is Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. The subject property is not in an environmentally sensitive area or within a Conservation District occupied by various open spaces such as steep slopes, forest, parks, marshland, lakes, watersheds needing protection since they supply public water impoundments, or stream valleys. 10.A.4.b Packet Pg. 134 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 56 The Conceptual Site Plan calls for buffers & setbacks that range from 80 to 530 feet of undisturbed forested tree coverage to the boundaries of the subject property. 7. Transportation In accordance with the Pittsylvania County Code Ordinances, the Comprehensive Plan and VDOT, the subject property will take access through the two applicant-owned commercial properties that abut to the subject property from Riverside Drive (Hwy. 58), a principal arterial road with a classification of “C”. Access to Hwy 58, a state road, is controlled by the Virginia Department of Transportation in conjunction with the City of Danville and in compliance with the VDOT State Highway Systems Access Management Classification Legend Assessed Parcels Parcels Flood Zones 2010 0.2 PCT ANNUAL CHANCE FLOODHAZARD A AE X County Boundary Title: Flood Zone X Date: 7/21/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT N 10.A.4.b Packet Pg. 135 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 57 System & Standards. Additionally, the Conceptual Site Plan shows a two-lane secondary or emergency access from the rear of the resort to Vandola Church Road as well as, a “service road” on the south-east corner of the subject property used exclusively for trash collection. Furthermore, under the Pittsylvania County Comprehensive Plan, County-Wide Access Management Program, Access management objectives can be achieved through land use strategies that discourage strip development and promote clustering of land uses into commercial/residential nodes near existing developed areas and at major highway intersections. In an effort to maintain the safety and security of ongoing traffic patterns along Highway 58 especially coming from the Martinsville Highway, the applicant is in discussion with the City of Danville to establish a deceleration and acceleration lanes to enter the resort through one access point. Discussions are also ongoing for a crossover lane coming from the east. Additionally, the Conceptual Site Plan shows that access roads and a parking space have been provided to each RV site as per Chapter 35.138 (2.g). As such, no additional off- street parking is required. Moreover, the roads inside the resort have been designed as “Private Streets”. Finally, in an effort to alleviate the intensity created by transportation onto Hwy 58, as part of The Palace Resort Business Plan, van pooling services will be provided to our guests from the resort to Caesars Hotel & Casino, the racetracks, the downtown area and other tourist destinations within the City of Danville. 8. MASTER PLAN OF DEVELOPMENT The Conceptual Site Plan has been designed in accordance and consistent with the Pittsylvania County Comprehensive Plan and the County Codes and Ordinances. The Palace Resort is consistent with the standards of the County Code & Ordinances in Chapters 17, 21, 35, 41, more specifically, Section 35.138, Campgrounds and 10.A.4.b Packet Pg. 136 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 58 Recreational Vehicle/Camper Areas. The Conceptual Site Plan shows 454 RV sites, recreational amenities such as pools, a lake, tennis courts, pickle ball courts, dog parks and other recreational areas. The minimum lot size required in this district is three acres of land. The subject property has 91 acres. As per the County Codes & Ordinance, the maximum density allowed for this district is 20 sites per acre. The Conceptual Site Plan calls for a total of 454 sites or 5 sites per acre, well below the requirements of Section 2.d. A separation distance of (10) feet is required between units set on RV lots and adjacent lot lines. Front yards, that portion of the lot between the unit and a public or private street in the campground, shall be no less than twenty (20) feet in depth which shall include the distance from the unit to the right-of-way line for the street. The conceptual Site Plan shows that the separation distance between units is at least, 20 feet for adjacent lot lines. Additionally, due to the length in sizes of the three typical RV sites; back-in 66’.4”, pull- thru at 132’.8” and premium sites 150’-10”, every site will have more than the required 20 feet from the unit and a public or private street. Open Space Recreation Area requires that no less than five (5) percent of the gross area of the facility shall be reserved as common open space and recreation facilities exclusive of required exterior boundary setbacks areas, pedestrian ways, parking bays, public & private streets and community storage facilities. The subject property is 91 acres. This section requires that 5% or 4.55 acres of Open Space/Recreational Areas. In addition to the amenities shown, open areas and a lake the size of 7-8 acres, the Conceptual Site Plans shows a total of 47.84 acres of open space in addition to the 5.29 acres for recreational areas, far exceeding the requirements of Section 2.f. At least, one (1) off-street parking space on ten (10) feet by twenty (20) feet shall be provided for each lot or space, on or adjacent to the lot or space, and/or a total of two hundred (200) square feet. A consolidated parking area within sixty (60) feet of the lots 10.A.4.b Packet Pg. 137 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 59 or spaces may be used to provide required space. The Conceptual Site Plan shows one off-street parking space 10 feet X 20 feet provided at each site with additional parking near the offices and Clubhouse building. Although architectural or engineered construction drawings have not been created at this time, the applicant will abide by Section 2.h., Maximum Height of Buildings, that requires that buildings in this district will be limited to 35 feet in height. The subject property will have signs, more specifically, at the entrance of the resort visible from Riverside Drive and in accordance with Section 2.i. The Palace Resort will be a transient resort and consist of 454 RV sites, some with “casitas”. However, although “casitas” will be erected on some of the premium sites, they will be built in accordance with state and local building codes but more importantly, will not be attached to any unit whatsoever, or built in a manner that would inhibit the ability of the unit to me moved. The subject property abuts to two applicant owned commercial properties who abut to the ROW of Riverside Drive (Hwy 58) and is within the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties within the Economic Development corridor with water supply. The City of Danville has indicated that the water main is located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, Chapter 21 and Chapter 35 of the Pittsylvania County Code, the subject property will connect to City water. Furthermore, each RV site will have frost-free water lines & sewer hookups approved by the Health Department as all units allowed into the resort will be self-contained units. 10.A.4.b Packet Pg. 138 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 60 The same applies to sewer. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties within the Economic Development corridor with sewer facilities. The City of Danville has indicated that the sewer main is located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, Chapter 21, Chapter 35 of the Pittsylvania County Code, the subject property will connect to City sewer. Furthermore, each RV site will have sewer hookups approved by the Health Department as all units allowed into the resort will be self-contained units. At this time, the Conceptual Site Plan does not show Impervious Surface Ration (ISR) however, the proposed density is 5 units per acre. Furthermore, the existing pond has been increased to a 7.5-acre lake that will provide for stormwater drainage and retention for the subject property. The applicant will coordinate with the County & City of Danville Engineering Departments to design and meet the requirements for stormwater retention. 10.A.4.b Packet Pg. 139 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 61 13830 SW 28 Street Miami, Florida 33175 (305) 219-2558 Jcubasholdings@aol.com July 10th, 2022 Mrs. Emily Ragsdale, Director Community Development Pittsylvania County 1 Center Street Chatham, Va. 24531 Re: Letter of Intent - Comprehensive Plan Amendment, Atlas Amendment & Rezoning The Palace Resort Dear Mrs. Ragsdale: J. Cubas Holdings, LLC will be the developer of The Palace Resort if the Comprehensive Plan Amendment, Atlas Amendment & Rezoning request to Campgrounds and Recreational Vehicle/Camper Areas is approved. Our company and its partners intend to develop the subject property as follows: 1. The Palace Resort will be a “first-class”, luxury rental only recreational vehicle resort with 454 RV sites. As per the Pittsylvania County Codes & Ordinances, the land area for this RV resort is greater than three acres, more specifically, ninety- one acres. Each RV site shown on the Conceptual Site Plan has a minimum width of, at least, thirty feet and a minimum are of 1991 square feet. 2. We intend to have recreational facilities as shown on the Conceptual Site Plan and while the specific uses may not be finalized at this time, we are proposing a 10.A.4.b Packet Pg. 140 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 62 clubhouse with a bar & grille, game rooms, gym, swimming pool, tennis courts, pickle ball courts, shuffleboard and dog parks. 3. The locations of RV sites, streets, and access are shown on the Conceptual Site Plan that accompanies this application for a Comprehensive Plan Amendment, Atlas Amendment & Rezoning. 4. As per Section 35.138 of the Pittsylvania county Code & Ordinance, no “on-street” parking is proposed as each site has been provided with one parking space with the minimum size of 10 X 20 as per County Code. 5. The buffers or setbacks provided in the Conceptual Site Plan are greater than those required by the County Code in Chapters 35.138, 35. 177 and 35.17 where an untouched forestall vegetative buffer, ranging from 80 to 530 feet, as shown on the Conceptual Site Plan, will remain along the perimeter of the resort to the park adjoins other lot lines with residential or agriculture districts not zoned for an RV park or campground. 6. Retail and/or personal service uses for the guests of this resort, if any, will be located in the enclosed clubhouse and/or office building as per the Pittsylvania County Code. 7. Although a laundry building is not shown on the Conceptual site Plan, the area for laundry, exclusively for the use by guests, will be located in an enclosed or dedicated area within the clubhouse. 8. There are no water courses or bodies of water that affect the subject property. A small pond exists on the south-side of the property that will be enlarged into a 7.5-acre lake for stormwater retention. Retention areas will be developed to provide the required treatment and attenuation of stormwater with a layout similar to that shown on the Conceptual Site Plan. 10.A.4.b Packet Pg. 141 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 63 9. The subject property abuts to the ROW on Riverside Drive (Hwy 58) and is withing the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties with water & sewer. The City of Danville has indicated that the water & sewer mains are located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, County Code Chapter 35, County Ordinance Chapter 21, Article I, Sections 21-2 & 21-3, the subject property will connect to water & sewer. 10. Once the entitlement approvals have been received, we will commence the pre- development phase of the resort to submit and secure development approvals. We intend to start the development of the resort within 90 days after receiving development approvals and complete the development prior to the grand opening of Caesars Danville. Respectfully, Joe Cubas, Manager J. Cubas Holdings, LLC The Palace Resort, LLC 10.A.4.b Packet Pg. 142 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 64 RV INDUSTRY ASSOCIATION OF AMERICA With offices in Reston, VA and Elkhart, IN, the RV Industry Association is the leading trade voice of the $140 billion dollar RV industry, representing approximately 450 manufacturers and component and aftermarket suppliers who together produce 98 percent of all RVs made in the United States, and approximately 60 percent of RVs produced worldwide. The association works with federal and state lawmakers and regulators to pursue a favorable business environment for its members, is the leading source of research, data, and analysis about the RV industry, and seeks to grow and expand the RV consumer market while cultivating a positive experience for current RVers through its Go RVing program. The association also maintains an inspection program that audits the compliance of RV manufacturers to plumbing, heating, fire and life safety, and electrical systems codes and provides an ongoing Federal Motor Vehicle Safety Standards education program for its members, as well as provides the only industry-backed training program for RV service technicians through the RV Technical Institute. The RV industry is committed to promoting exploration, adventure, and responsible recreation, while advocating for innovation and conservation in our business practices. As an association, we encourage and promote sustainability, diversity, safety, and the many community activities of our member companies. Find out how the RV industry and our partners in the outdoor segment are working together to create accessible, inclusive, and lasting positive experiences for millions of Americans looking to enjoy the benefits of an active outdoor lifestyle. 10.A.4.b Packet Pg. 143 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 65 RVs Move America Economic Impact Study There is a fundamental change happening in the way Americans travel, work, and live. More and more people are choosing RVs as their preferred option for travel as they prioritize spending time in the great outdoors and embracing the freedom that comes with RVing. Just how much the RV industry has grown is captured in the new RVs Move America Economic Impact Study, produced by the RV Industry Association. The study revealed that the RV industry has an overall annual economic impact to the US economy of $140 billion, supporting nearly 680,000 jobs, and paying more than $48 billion in wages. This is a 23% increase in economic output in the past three years. The $140 billion total annual RV industry economic impact includes: • $73.7 billion generated by RV manufacturers and suppliers • $35.7 billion by RV campgrounds and related travel • $30.5 billion by RV sales and service activities In addition to the economic impact, the RV industry pay $13.6 billion in federal, state, and local taxes. The RVs Move America Economic Impact Study includes all companies involved in the manufacture, sale, rental, repair, storage, and service of RVs, as well as in the aftermarket industry, financing, and insurance of RV purchases. The economic impact of campgrounds and trip spending during RV travel is also captured in the report. Exhibits R and R-1, Exhibits S and S-1, provide detailed information about the economic contributions generated by the U.S. recreation vehicle industry in the US and more importantly, in the Commonwealth of Virginia and North Carolina, respectively. 10.A.4.b Packet Pg. 144 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 66 VIRGINIA'S ANNUAL ECONOMIC IMPACT $484 Million $399 Million $750 Million 409 8,197 $516 Million $145 Million 10,247 $449 Million $2 Billion EXHIBIT R John Dunham & Associates www.rvsmoveamerica.orgPublished 2022 Direct Economic Impact Jobs Wages Output RV Manufacturers & Suppliers 508 $38,988,700 $344,002,400 RV Sales & Service 867 $56,020,600 $162,380,500 RV Campgrounds & Travel 3,010 $143,742,500 $302,619,400 Total 4,385 $238,751,800 $809,002,300 Indirect Economic Impact Jobs Wages Output Agriculture 44 $1,167,900 $3,018,000 Mining 8 $555,800 $3,515,800 Construction 18 $1,136,000 $4,392,200 Manufacturing 74 $5,180,000 $28,387,500 Wholesale 37 $3,675,400 $11,455,800 Retail 22 $876,300 $2,761,600 Transportation & Communication 210 $18,267,200 $68,929,900 Finance, Insurance & Real Estate 378 $20,013,000 $97,832,800 Business & Persona. Services 512 $42,618,200 $78,115,900 Travel & Entertainment 137 $4,674,000 $9,091,100 Government 31 $3,149,700 $6,659,800 Other 0 $0 $0 Total 1,471 $101,313,500 $314,160,400 Induced Economic Impact Jobs Wages Output Agriculture 69 $1,380,200 $4,968,000 Mining 4 $527,900 $1,757,500 Construction 15 $948,800 $3,592,400 Manufacturing 163 $53,998,800 $87,040,200 Wholesale 54 $5,415,100 $18,364,400 Retail 258 $9,441,000 $26,495,300 Transportation & Communication 141 $12,128,600 $44,574,900 Finance, Insurance & Real Estate 471 $25,089,700 $196,572,200 Business & Personal Services 805 $52,928,400 $95,715,100 Travel & Entertainment 277 $8,521,100 $20,993,100 Government 27 $2,670,100 $7,235,700 Other 57 $2,413,100 $3,168,000 Total 2,341 $175,462,800 $510,476,800 Jobs Wages Output Total Economic Impact 8,197 $515,528,100 $1,633,639,500 Tax Impact Federal Taxes State Taxes Total Taxes Business Taxes $90,457,000 $54,094,700 $144,551,700 VIRGINIA EXHIBIT R-1 NORTH CAROLINA'S ANNUAL ECONOMIC IMPACT $2 Billion $630 Million $976 Million 672 13,907 $1 Billion $182 Million 12,903 $515 Million $3 Billion EXHIBIT S John Dunham & Associates www.rvsmoveamerica.orgPublished 2022 Direct Economic Impact Jobs Wages Output RV Manufacturers & Suppliers 2,448 $217,054,800 $1,525,342,800 RV Sales & Service 1,473 $95,057,500 $239,743,200 RV Campgrounds & Travel 4,221 $196,207,200 $370,449,300 Total 8,142 $508,319,500 $2,135,535,300 Indirect Economic Impact Jobs Wages Output Agriculture 60 $2,112,700 $6,488,500 Mining 5 $242,100 $1,837,900 Construction 25 $1,448,200 $5,407,100 Manufacturing 147 $10,310,100 $59,499,600 Wholesale 78 $7,077,200 $22,391,300 Retail 41 $1,663,900 $4,665,200 Transportation & Communication 323 $25,938,200 $88,664,400 Finance, Insurance & Real Estate 531 $27,879,300 $139,485,400 Business & Persona. Services 760 $51,345,800 $97,385,500 Travel & Entertainment 169 $5,947,400 $11,019,500 Government 36 $3,502,100 $6,164,500 Other 0 $0 $0 Total 2,175 $137,467,000 $443,008,900 Induced Economic Impact Jobs Wages Output Agriculture 94 $3,328,500 $15,224,300 Mining 2 $237,200 $862,900 Construction 22 $1,333,600 $4,818,800 Manufacturing 359 $251,833,600 $193,848,900 Wholesale 93 $10,228,500 $29,922,100 Retail 443 $15,835,800 $41,500,300 Transportation & Communication 223 $19,217,700 $64,003,500 Finance, Insurance & Real Estate 618 $35,001,100 $244,966,700 Business & Personal Services 1,200 $75,762,600 $133,822,600 Travel & Entertainment 441 $13,301,000 $31,655,100 Government 31 $2,894,700 $6,936,400 Other 64 $2,344,500 $3,104,400 Total 3,590 $431,318,800 $770,666,000 Jobs Wages Output Total Economic Impact 13,907 $1,077,105,300 $3,349,210,200 Tax Impact Federal Taxes State Taxes Total Taxes Business Taxes $128,491,100 $53,018,500 $181,509,600 NORTH CAROLINA EXHIBIT S-1 10.A.4.b Packet Pg. 145 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 67 Market Report-May 2022 Results for the RV Industry Association’s May 2022 survey of manufacturers determined that total RV shipments ended the month with 50,529 units, the best May on record and an increase of 2.6% compared to the 49,241 units shipped during May 2021 as shown in Exhibit T. Through May, RV shipments are up 11.8% compared to the same point last year with 279,038 wholesale shipments. “The summer RVing season is off to an incredible start with millions of Americans heading to their favorite outdoor destination to spend quality time with friends and family,” said RV Industry Association President & CEO Craig Kirby. “Thanks to the work of RV manufacturers and suppliers, consumers looking to purchase a new RV have more options to choose from as inventory continues to be rebuilt at RV dealerships across North America.” Towable RVs, led by conventional travel trailers, ended the month up 2.6% against last May with 45,608 shipments. Motorhomes finished the month up 3.2% compared to the same month last year with 4,921 units. Park Model RVs ended May up 35.2% compared to May 2021 with 411 wholesale shipments. To date, park model RVs are down (-0.8%) with 1,864 shipments. While early 2022 shipment results have been strong, we do see the market leveling off against 2021’s record numbers. The latest 2022 RV Roadsigns forecast projects RV shipments for 2022 to range between 537,800 and 561,900 units with a most likely year- end total of 549,900 units, an (-8.4%) decline from the 600,240 shipped in 2021. 10.A.4.b Packet Pg. 146 Attachment: R-22-029 The Palace Resort App (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) MARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:PRELIMINARYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-11C-1 EXISTING CONDITIONS SCALE: 1" = 140'10.A.4.cPacket Pg. 147Attachment: R-22-029 The Palace Resort Concept (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) MARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:PRELIMINARYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-2 SITE PLAN SCALE: 1" = 140'1C-210.A.4.cPacket Pg. 148Attachment: R-22-029 The Palace Resort Concept (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) MARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:PRELIMINARYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-3 SITE PLAN W/AERIAL SCALE: 1" = 140'1C-210.A.4.cPacket Pg. 149Attachment: R-22-029 The Palace Resort Concept (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) WSECWSECWSECWSECWSECWSECMARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:P R E L IM INA RYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-4 TYPICAL RV QUAD SITE (1,991 SQ. FT. EACH) SCALE: 1" = 10'1C-4 TYPICAL DRIVE-THRU RV SITE (3,982 SQ. FT.) SCALE: 1" = 10'2C-410.A.4.cPacket Pg. 150Attachment: R-22-029 The Palace Resort Concept (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) WSECWSECMARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:P R E L IM INA RYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-5 TYPICAL DRIVE-THRU LUXURY RV SITE W/CASITA (5,308 SQ. FT.) SCALE: 1" = 10'1C-510.A.4.cPacket Pg. 151Attachment: R-22-029 The Palace Resort Concept (3412 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC)