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BZA Minutes 10 13 2020 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING October 13, 2020 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, October 13, 2020, at the Community Center, Chatham, Virginia. Mr. Talbott, Chairman, called the meeting to order at approximately 7:00 p.m. Mrs. Ragsdale called the roll. PRESENT Kenneth Talbott R. Allan Easley Ann Deering Helen Glass Joseph “Jay” Craddock Ronald Merricks Carroll Yeaman Emily Ragsdale Karen N. Hayes Christopher Dadak, Attorney APPROVAL OF THE AGENDA Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Yeaman, seconded by Mrs. Deering, and by a unanimous vote, the September 8, 2020, minutes were approved as presented. OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale reported there are two (2) Special Use Permit cases for November: Special Use Permits for a Recreational Facility and ATV Trails and a Utility Scale Solar Energy Facility. Board of Zoning Appeals October 13, 2020 Page 2 CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Talbott TO OPEN THE PUBLIC HEARING at approximately 7:04 p.m. Case S-20-013, First Piedmont Corporation – Mr. Talbott opened the public hearing at 7: 04 p.m. Mrs. Ragsdale, Director of Community Development, reported that First Piedmont Corporation had petitioned for a Special Use Permit on a total of 224.08 acres, located on Clarks Mill Road and Cedar Road, in the Dan River Election District for a landfill (to bring the existing landfill into compliance). The Planning Commission recommended by a 6 to 0 vote, with opposition, that the petitioner’s request be granted with conditions. The Staff summary was located in the Board Packet. Ben Davenport, Jr., Tommy Stump and Nick Setliff was present to represent the petition. Tommy Stump added that they wanted to bring the existing landfill into compliance to repair and build new buildings within the existing landfill footprint. He spoke on their intentions to deal with odor with treatment systems. Mike Basista, Jerry Martin, Julie Owen and Robin Rossum spoke in opposition to the petition. Some of their concerns were traffic, dust, blowing debris, odor, view and transparency of intent. Mr. Davenport and Mr. Stump offered a rebuttal stating they were not expanding the landfill but trying to make it better but had to come into compliance in order to do that. They and Mr. Talbott discussed a wash rack, odor, systems and operations. Mr. Talbott closed the public hearing at 7:30 p.m. The Board discussed the petition as the Committee of the Whole. During that time it was stated that they were trying to address the odor and make the problem better. Upon motion of Mr. Merricks, seconded by Mr. Easley, the following motion was adopted: Whereas, First Piedmont Corporation, has petitioned the Board of Zoning Appeals for a Special Use Permit for a landfill, and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. With the following conditions: 1. A landscape buffer a minimum 20 feet wide comprised of any existing vegetation supplemented as needed with a staggered row of planted trees or large shrubs shall be installed along landfill. The vegetation shall be at least 15 feet in height at maturity of any new planting and shall be a minimum of 6 feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new planting as needed to maintain required screening. 2. The landfill must remain permitted through the Department of Environmental Quality and in compliance with all requirements of that permit. Motion passed by a unanimous vote. Case S-20-014, J. D. Shelton and Others – Mr. Talbott opened the public hearing at 7:43 p.m. Mrs. Ragsdale, Director of Community Development, reported that J. D. Shelton and Others had petitioned for an amendment to the condition attached to the existing Special Use Permit S-19-010 that was granted on September 10, 2019, on a total of 450 acres, located on Old Richmond Road, in the Dan River Election District for recreational uses, ATV Trails. The Planning Commission recommended by a 6 to 0 vote, with opposition, that the petitioners’ request be denied. The staff summary was enclosed in the Board Packet. The further stated that she had received a letter from Mr. Shelton requesting withdrawal without penalty. Mr. Talbott closed the public hearing at 7:46 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mrs. Glass, seconded by Mrs. Deering, to accept the withdrawal without penalty. Motion passed by a 6 to 1 vote, Mr. Merricks voted against the motion. Case S-20-015, Anissa Weimer – Mr. Talbott opened the public hearing at 7:47 p.m. Mrs. Ragsdale, Director of Community Development, reported that Anissa Weimer had petitioned for a Special Use Permit on 53.56 acres, located on Brights Road, in the Staunton River Election District for a kennel for boarding dogs. The Planning Commission recommended by a 5 to 0 vote, with no opposition, that the petitioner’s request be granted. The staff summary was enclosed in the Board Packet. Ms. Weimer was present to represent the petition. She spoke on her facilities, stated she is surrounded by timber and that she had spoken to the neighbors. Mr. Talbott closed the public hearing at 7:49 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Yeaman, seconded by Mr. Easley, the following motion was adopted: Whereas, Anissa Weimer has petitioned the Board of Zoning Appeals for a Special Use Permit for a kennel for boarding dogs, and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. Motion passed by a unanimous vote. Case S-20-016, Rodney and Janet Shelton – Mr. Talbott opened the public hearing at 7:52 p.m. Mrs. Ragsdale, Director of Community Development, reported that Rodney and Janet Shelton had petitioned for a Special Use Permit on 8.57 acres, located on Coleman Mountain Road and Java Road, in the Banister Election District for the service and repair of all-terrain vehicles (ATVs). The Planning Commission recommended by a 5 to 0 vote, with no opposition, that the petitioner’s request be granted with a condition. The staff summary was enclosed in the Board Packet. Mrs. Shelton was present to represent the petition. She explained that it was an existing shop on the farm. Franklin Compton came forward and stated that he had no issues if the conditions was put in place. Mr. Talbott closed the public hearing at 7:55 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mrs. Glass, seconded by Mr. Easley, the following motion was adopted: Whereas, Rodney and Janet Shelton have petitioned the Board of Zoning Appeals for a Special Use Permit for service and repair of all-terrain vehicles (ATVs), and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. With the following conditions: 1. ATVs must be stored in an enclosed area that is screened from the right of way. 2. Maintain a minimum of 35 ft setback from adjacent property lines. Motion passed by a unanimous vote. Case S-20-017, Randy Hogan – Mr. Talbott opened the public hearing at 7:59 p.m. Mrs. Ragsdale, Director of Community Development, reported that Randy Hogan had petitioned for a Special Use Permit on a total of 9.09 acres, located on U.S. Hwy 29 North and on Mount View Road, in the Westover Election District for a drive in movie theater. The Planning Commission recommended by a 6 to 0 vote, with opposition, that the petitioner’s request be denied. The staff summary is enclosed in the Board Packet. Mr. Hogan was present to represent the petition. He spoke on hiring the Sheriff’s Department to address traffic. He stated the property would eventually be developed and that he was looking at other options. Mr. Talbott and Mr. Hogan discussed times of operation, capacity, screen size and receivers. Susan Stephens, Debbie McCormick, Tony Nuckols, Bill Culbert, Calvin Giles, Jim Henderson, Hugh Logan and Sandra Logan spoke in opposition to the petition. Some of their concerns were the close proximity of that proposed, disruption to the neighborhood, not compatible with the neighborhood, noise, lights, traffic, security, safety, decrease in property values, loose of peacefulness, change to the character of the neighborhood. Mr. Hogan offered a rebuttal and a chance to address the concerns verbalized by the opposition. Mr. Talbott closed the public hearing at approximately 8:50 p.m. The Board discussed the petition as the Committee of the Whole. The board stated Mr. Hogan had ideas but felt he was undercapitalized for his proposal. It was further stated that no conditions could be added to mitigate all the concerns. Upon motion of Mr. Easley, seconded by Mr. Merricks, the following motion was adopted: Whereas, Randy Hogan has petitioned the Board of Zoning Appeals for a Special Use Permit for a drive in movie theater, and, Whereas, we find substantial detriment to adjacent property, that the character of the zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be denied. Motion passed by a unanimous vote. The meeting was adjourned at approximately 9:00 p.m.