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BZA Minutes 09 10 2019 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING September 10, 2019 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, September 10, 2019, in the General District Courtroom, Chatham, Virginia. Mr. Talbott, Chairman, called the meeting to order at approximately 7:00 p.m. Mrs. Hayes called the roll. PRESENT Kenneth Talbott R. Allan Easley Leon Griffith Helen Glass Joseph “Jay” Craddock Ronald Merricks Carroll Yeaman Karen N. Hayes Julian Harf, Attorney (Representing Christopher Dadak) APPROVAL OF THE AGENDA Upon motion of Mr. Yeaman, seconded by Mrs. Glass, and by a unanimous, the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the August 13, 2019, minutes were approved as presented. OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Hayes reported there is one case for next month, a Special Use Permit for a single-wide mobile home. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Talbott TO OPEN THE PUBLIC HEARING at approximately 7:03 p.m. Board of Zoning Appeals September 10, 2019 Page 2 Case S-19-010, J. D. Shelton, Et Als, Gloria T. Shelton, Et Als, & Tammy Leigh Shelton Wiles, Et Als – Mr. Talbott opened the public hearing at 7:03 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that J. D. Shelton and Others had petitioned for a Special Use Permit on a total of 450.00 acres, located on Old Richmond Road, in the Dan River Election District for recreational uses; ATV trails. She then stated the Planning Commission recommended by a 6 to 1 vote, with opposition, that the petitioners’ request be granted with the condition that the hours of operation are 10:00 a.m. – 6:00 p.m., except during Daylight Savings Time, where it will be 10:00 a.m. – 8:00 p.m. Tammy Wiles was present to represent the petition. She provided the Board members with the following items for their review: a petition of individuals in support of all-night rides, a copy of safety regulations, and a copy of the ATV Safety Institute’s Golden Rules. She then addressed questions from the Board members regarding the ATV trails. Jenny Neal, Nelson Adams, Daniel Adams, Davey Adams, Brenda Martin, Sherry Pullin, Rodney Dalton, Eddie Smith, Jon Alderson, and M. J. Berson spoke in favor of the petition. Mrs. Hayes presented the Board members with a letter received from Rev. and Mrs. Eddie Collins in opposition to the petition. Phyllis Harris, Theresa Nangle, John Harris, and Tanner Owen spoke in opposition to the petition. Their concerns included, but were not limited to, the following: excessively loud noise, decreased property values, overnight camping, night riding, Sunday riding, desire for peace and quiet, etc. Ms. Wiles offered a rebuttal and stated she had nothing further to add. Mr. Talbott closed the public hearing at 7:54 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Yeaman, seconded by Mr. Craddock, the following motion was adopted: Whereas, J. D. Shelton and Others have petitioned the Board of Zoning Appeals for a Special Use Permit for recreational uses; ATV trails, 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, and, Whereas, (there are no significant adverse effects upon adjacent property that cannot be mitigated through conditions), I move the Special Use Permit be granted. With the following conditions: (1) Primitive camping only. (2) Night rides allowed once a year until 2:00 a.m. (3) Hours of operation shall be limited to 10:00 a.m. to 6:00 p.m., Eastern Standard Time, and 10:00 a.m. to 8:00 p.m., Daylight Savings Time. (4) Factory mufflers only. (5) Control erosion. (6) Days of operation shall be Thursday through Sunday; No Sunday operation before 1:00 p.m. (7) No riders shall be under the influence of alcohol or drugs. (8) Maintain setback of 300 feet. (9) Comply with Health Department regulations. (10) Comply with Noise Ordinance. (11) Maintain a vegetative buffer. Motion passed by a 6 to 1 vote. The Board members voting to grant the motion were as follows: Mr. Talbott, Mr. Easley, Mr. Griffith, Mrs. Glass, Mr. Craddock, and Mr. Yeaman. The Board member voting to deny the motion was as follows: Mr. Merricks. Case S-19-011, Hope Center Ministries, Inc. – Mr. Talbott opened the public hearing at 8:23 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Hope Center Ministries, Inc., had petitioned for a Special Use Permit on 5.96 acres, located on State Road 861/Mountain Run Road, in the Tunstall Election District for a residential addiction treatment group home. She then stated the Planning Commission recommended by a 6 to 1 vote, with opposition, that the petitioner’s request be granted. Travis Byrd, District Director of Hope Center Ministries, Inc., was present to represent the petition. He gave a brief overview of the center and addressed the questions from the Board members. Sue Fowler, Donald Fowler, Thomas Keatts, Tiffany Adams, Duane Adams, Monte Keatts, and Jeff Keatts spoke in opposition to the petition. Their concerns included, Board of Zoning Appeals September 10, 2019 Page 3 but were not limited to, the following: Safety, traffic, and noise; decrease in property values, etc. Rob Donley, Brooke Mason, Molly Trexler, Eric McMillon, Becca Pearman, Gerald Lyons, Douglas Harris, Austin Stable, David Adams, Bobby Greer, Jerry Harper, David Craddock, Sharon Carter, Robby Grona, John Quinlan, Jeffrey Durant, Ed Fitzgerald, Gary Robertson, Meredith Haynes, Jeff Lynch, Rhonda Vogler, Brenda Martin, Taelor Hornick, Adam Touchstone, Taylor Goostree, Eric Hanson, Emily Bradley, Tonya Walker, Jeff jones, Sheriff Lane Perry, Julie King, Tiffany Adams, Duane Adams, Marshall Payne, Jenny Wyatt, Patty Johnson, Michelle Hyler (out of town, represented by Patty Johnson), Gwen Andrews, Travis Morton, Curly Sellers, Lisa Donnely, Phillip Dillon, John Hornick, and Jacki Lynch spoke in favor of the petition. Mr. Byrd offered a rebuttal and addressed the concerns of those opposed to the petition. Mr. Talbott closed the public hearing at 10:38 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Merricks, seconded by Mr. Yeaman, the following motion was adopted: Whereas, Hope Center Ministries, Inc., has petitioned the Board of Zoning Appeals for a Special Use Permit for a residential addiction treatment group home, 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, and, Whereas, (there are effects that require mitigation), I move the Special Use Permit be granted. With the following conditions: (1) Install security cameras. (2) No signage on the highway. (3) Limited to 16 residents. (4) Request and obtain inspections by Pittsylvania County Building and Health Departments. (5) Comply with Pittsylvania County Building and Use Codes, including 2012 USBC CODE regarding smoke alarms, portable fire extinguishers, occupant load, bathroom, kitchen, eating and sleeping facilities, and parking spaces. (6) Comply with Pittsylvania County Health Department regulations. (7) Verify that the well is in compliance with requirements. (8) Consult with an engineer or private soil consultant about capacity of existing sewage system and any need for expansion. Motion passed by a 6 to 1 vote. The Board members voting to grant the motion were as follows: Mr. Talbott, Mr. Easley, Mrs. Glass, Mr. Craddock, Mr. Merricks, and Mr. Yeaman. The Board member voting to deny the motion was as follows: Mr. Griffith. This concludes the Special Use Permit cases. The meeting was adjourned at approximately 11:00 p.m.