Loading...
BZA Packet 09 12 2022 BOARD OF ZONING APPEALS REGULAR MEETING Monday, September 12, 2022 – 6:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA I. CALL TO ORDER II. ROLL CALL III. MOMENT OF SILENCE IV. PLEDGE OF ALLEGIANCE V. APPROVAL OF AGENDA VI. APPROVAL OF MINUTES 1. BZA Minutes 08 08 2022 VII. OLD BUSINESS VIII. NEW BUSINESS IX. CHAIRMAN'S REPORT X. PUBLIC HEARING Regular Meeting - September 12, 2022 Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Board of Zoning Appeals have been empowered to hear and decide specific applications and appeals in support of said ordinance. In accomplishing this important task we are charged with promoting the health, safety, and general welfare of the citizens of Pittsylvania County. We must insure that all our decisions and recommendations be directed to these goals and that each be consistent with the environment, the comprehensive plan and in the best interest of Pittsylvania County, its citizens and its posterity. Anyone here to speak to the board, other than the applicant, regarding zoning cases will be limited to (3) three minutes. 1. Public Hearing: Case S-22-011 New Testament Baptist Church; Special Use Permit for a School 2. Public Hearing: Case S-22-013 Larry Oakes; Special Use Permit for the Sales, Service, and Repair of Automobiles 3. Public Hearing: Case S-22-018 Darryl and Debra Burd; Special Use Permit for a Public Garage 4. Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC; pecial Use Permit for a Recreational Use (ATV Trails) XI. ADJOURNMENT Board of Zoning Appeals STAFF SUMMARY Case: District: Zoning Request: Agenda Date: September 12, 2022 Meeting History: 6.1 Packet Pg. 3 August 8, 2022 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting August 8, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on August 8, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman R. Allan Easley, called the meeting to order at 6:05 PM. The following members were present: Attendee Name Title Status Arrived R. Allan Easley Chairman Present 5:36 PM Ronald E. Merricks Vice-Chairman Present 5:33 PM Ryland Brumfield Board Member Present 5:33 PM Joseph A. Craddock Board Member Present 5:34 PM Ann Deering Board Member Present 5:35 PM Hershel Stone Board Member Present 5:37 PM Carroll Yeaman Board Member Absent APPROVAL OF AGENDA Upon motion of Mr. Merricks, seconded by Mr. Stone, and by a unanimous vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman APPROVAL OF MINUTES 1. BZA Minutes 07 11 2022 Upon motion of Mrs. Deering, seconded by Mr. Craddock, and by a unanimous vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ann Deering, Board Member SECONDER: Joseph A. Craddock, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman OLD BUSINESS There was no old business. 6.1.a Packet Pg. 4 Attachment: BZA Minutes 08 08 2022 (3340 : BZA Minutes 08 08 2022) NEW BUSINESS Mrs. Ragsdale stated there would be four Special Use Permit cases next month. Also, there will be a Zoning Ordinance public input meeting for the zoning ordinance rewrite on August 18, 2022, at 6 p.m. at the Community Center in Chatham. CHAIRMAN'S REPORT There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case S-22-014 Joshua and Amy Jennings; Special Use Permit for an Indoor Gun Range The zoning precepts were ready by Mr. Easley to open the public hearing at 6:11 p.m. Mrs. Ragsdale, Director of Community Development, reported that Joshua and Amy Jennings petitioned for a Special Use Permit for an Indoor Gun Range on 9.83 acres, located on State Road 58/Martinsville Hwy in the Tunstall Election District. Joshua Jennings represented the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:14 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Joshua and Amy Jennings has petitioned the Board of Zoning Appeals for a Special Use Permit for an Indoor Gun Range. A motion was made by Mr. Brumfield, seconded by Mr. Merricks, that the Board of Zoning Appeals grant the Special Use Permit with Conditions recommended by staff. 1. All shooting lanes must be contained within an enclosed structure. 2. Lanes must be constructed to contain bullets within its walls, ceiling, and floor and must be properly vented. 3. The facility must meet Department of Energy standards and Uniform Statewide Building Code requirements where applicable. RESULT: APPROVED [UNANIMOUS] MOVER: Ryland Brumfield, Board Member SECONDER: Ronald E. Merricks, Vice-Chairman AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman 2. Public Hearing: Case S-22-015 Bradley Boswell; Special Use Permit for a Double-wide Mobile Home Mr. Easley opened the public hearing at 6:18 p.m. Mrs. Ragsdale, Director of Community Development, reported that Bradley Boswell petitioned for a Special Use Permit for a double-wide mobile home on 1.0 acre, located on Highway 40/E Gretna Road in the Callands-Gretna Election District. Bradley Boswell represented the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:20 p.m. The Board discussed the petition as the Committee of the Whole. Whereas Bradley Boswell has petitioned the Board of Zoning Appeals for a Special Use Permit for a double-wide mobile home. A motion was made by Mr. Brumfield, seconded by Mr. Stone, that the Board of Zoning Appeals grant the Special Use Permit. 6.1.a Packet Pg. 5 Attachment: BZA Minutes 08 08 2022 (3340 : BZA Minutes 08 08 2022) RESULT: APPROVED [UNANIMOUS] MOVER: Ryland Brumfield, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman 3. Public Hearing: Case S-22-016 Pittsylvania CSG LLC; Special Use Permit for a Utility Scale Solar Energy Facility Mr. Easley opened the public hearing at 6:21 p.m. Mrs. Ragsdale, Director of Community Development, reported that Pittsylvania CSG, LLC/Jane Ellis Holdings, LLC, has petitioned for a Special Use Permit for a utility scale solar facility on 52.01 acres, located on State Road 724 /Mill Creek Road in the Banister Election District. Kieran Siero represented the petition and presented a PowerPoint presentation. Mr. Easley asked how the Community Solar program works. Mr. Siero stated that it will work with community groups to offer subscriptions that normally offer a ten (10) percent savings on electric bills. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:42 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Pittsylvania CSG, LLC/Jane Ellis Holdings, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a utility scale solar facility. A motion was made by Mr. Merricks, seconded by Mr. Stone, that the Board of Zoning Appeals grant the Special Use Permit with conditions recommended by staff with the addition of condition number 20: 1. Site Development Plan; Location. All solar panels and other above-ground equipment will be located within the “Project Area” shown on the Conceptual Site Plan included with the SUP application. All Site Plan requirements of Section 35-141 must be met before permits are issued. 2. Height. Except for the collection yard and substation or otherwise as required by applicable building code, the maximum height of the solar panels and other above-ground equipment will be 15 feet. 3. Setbacks. Except for fencing and any pole mount ed electronic lines, consistent with the County ordinance, all above-ground equipment shall meet the setback requirements set forth in Section 35-141 (D). No setbacks are required between the parcels lines of parcels that are part of a single Project. No setbacks are required between the parcels lines of parcels that are part of a single Project. 4. Fencing. Fencing for the Project will be standard chain-link and at least 6 feet high. The Applicant shall maintain the fence for the life of the Project. 5. Landscaping. Applicant will comply with Section 35-121 Fencing - Screening. At the perimeter locations, the setback will include a minimum 100-foot-wide landscaped area comprised of any existing vegetation supplemented as needed with a staggered row of planted trees and large shrubs. All rows of planted vegetation shall be evergreen plantings 6.1.a Packet Pg. 6 Attachment: BZA Minutes 08 08 2022 (3340 : BZA Minutes 08 08 2022) of varieties native or adaptable to the region, with one (1) row consisting of a variety expected to reach a minimum height of twenty-five (25) feet and the remaining rows of varieties designed to reach at least fifteen (15) feet in height at maturity. All evergreens shall be a minimum of six (6) feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new plantings as needed to maintain required screening. Prior to construction and site plan approval, a landscaping maintenance plan will be submitted to the Zoning Administrator for approval, which shall provide for the posting of a bond or other surety in an amount sufficient to ensure that the plantings are successfully established, and the landscaping is maintained or replaced during the life of the Project. Landscape renderings or simulations shall be sealed by a registered landscape architect. 6. Construction Management and Mitigation. Prior to construction, the Applicant shall prepare and submit to the Zoning Administrator a construction management plan to address traffic control methods, site access, fencing, lighting, mitigation of construction operations, and hours of construction activity. 7. Viewshed Protection. A Viewshed Protection Plan shall be submitted to and approved by the Director of Community Development prior to the issuance of permi ts, identifying appropriate measures that will be taken to protect the viewshed surrounding the project during construction. 8. Road Repairs. All public and private roads must remain open during construction. Any damage to roads caused by construction will be promptly repaired to preconstruction conditions and/or VDOT standards where deemed necessary. 9. Erosion and Sediment Control. Prior to construction, an approved erosion and sediment control plan will be implemented for the entire Project, and an erosion and sediment control bond will be provided. 10. Stormwater Management. Prior to construction, a Virginia Stormwater Management Program Permit from the Virginia DEQ will be obtained for the Project, including an approved Stormwater Pollution Prevention Plan. 11. Operational Noise and Electrical Interference. The Project will comply with all applicable County requirements for noise and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 12. Operational Light. Fixed lighting at the perimeter of the Project will be limited to gates and will be shielded/downward facing to minimize light spillage and shall be motion - activated. 13. Compliance. The project shall be designed, constructed, and tested to meet all applicable local, state, and federal standards. 14. Decommissioning. In accordance with Section 35-141(E), the applicant shall completely decommission the facility within 12 months, if the facility ceases to generate electricity for a continuous period of 12 months, including all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities, and structures. Prior 6.1.a Packet Pg. 7 Attachment: BZA Minutes 08 08 2022 (3340 : BZA Minutes 08 08 2022) to construction and approval of the entire site plan, a decommissioning plan will be submitted to the Zoning Administrator, which shall provide for the posting of a bond or other surety acceptable to the County in the amount of the decommissioning costs, not including salvage value, for the Project. 15. Start of construction. The SUP will expire unless construction of the entire Project is commenced within 3 years of the date of issuance of the SUP. 16. Survival. So long as the Project is operated in conformance with these conditions, the SUP shall continue for the life of the Project. 17. Comply with all DEQ regulations regarding nonpoint source pollutants. Chemical sprays used in weed control shall comply with DEQ regulations. 18. Fire and Rescue Training. The applicant shall provide annual training to the local fire department regarding battery storage. 19. Ordinance Compliance. The project shall remain in compliance with all other applicable requirements of the Pittsylvania County Code § 35-141(D), § 35-141(E), and § 35-141(F) not specifically stated in the conditions of this Special Use Permit. 20. The Applicant, and if different than the Applicant, the facility owner and/or operator, shall provide annual cash payments in accordance with the provisions of Virginia Code § 58.1- 2636. The amount of such annual cash payment shall be equal to $1,400 per megawatt as measured in alternating current (AC) generation capacity of the n ameplate capacity of the facility based on the interconnecting utility, with a 2% annual compounding escalator beginning on July 1, 2026. The Applicant and the county acknowledge and agree that the county may identify in future budget years qualifying public improvements that may be funded by the annual cash payments to be provided by the facility owner and/or operator. The first payment will be due on or before the date that is 90 days following the commencement of commercial operation of the community solar facility. Subsequent payments will be due on each anniversary of the commercial operation date until the earlier of (i) the 35th anniversary of the commercial operation date, with a final payment being made on such anniversary, or (ii) the commencement of decommissioning the community solar facility. The Applicant, facility owner and/or operator shall provide written notice to the Director of Community Development within ten (10) business days of when the community solar facility commences commercial operation. The payment by the Applicant, facility owner, and/or operator of all annual cash payments shall be a condition of this permit. The permit holder and/or owner shall be jointly and severally responsible for the payment of all annual cash payments required by this condition. 6.1.a Packet Pg. 8 Attachment: BZA Minutes 08 08 2022 (3340 : BZA Minutes 08 08 2022) RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman 4. Public Hearing: Case S-22-017 Dry Fork Solar 1, LLC; Special Use Permit for a Utility Scale Solar Energy Facility Mr. Easley opened the public hearing at 6:56 p.m. Mrs. Ragsdale, Director of Community Development, reported that Dry Fork Solar 1, LLC, has petitioned for a Special Use Permit for a utility scale solar facility on 47.36 acres, located on Highway 29 in the Chatham- Blairs Election District. Claire Habel and Andrew Cavanaugh represented the petition and presented a PowerPoint presentation. Ms. Habel stated that the name has recently changed to New Leaf Energy. Mr. Craddock asked about the 200-Megawatt cap, if that is for the entire State of Virginia. Ms. Habel stated that there was. There was a letter of opposition to the petition presented to the Board from Fred Curl suggesting another location be found for this project. Mr. Easley stated that the location was well hidden, and it was in a commercial area. Mr. Stone said it was in a good location. Mr. Easley closed the publ ic hearing at 7:17 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Dry Fork Solar 1, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a utility scale solar facility. A motion was made by Mr. Craddock, seconded by Mrs. Deering, that the Board of Zoning Appeals grant the Special Use Permit with conditions recommended by staff: 1. Site Development Plan; Location. All solar panels and other above-ground equipment will be located within the “Project Area” shown on the Conceptual Site Plan included with the SUP application. All Site Plan requirements of Section 35-141 must be met before permits are issued. 2. Height. Except for the collection yard and substation or otherwise as required by applicable building code, the maximum height of the solar panels and other above-ground equipment will be 15 feet. 3. Setbacks. Except for fencing and any pole mounted electronic lines, consistent with the County ordinance, all above-ground equipment shall meet the setback requirements set forth in Section 35-141 (D). No setbacks are required between the parcels lines of parcels that are part of a single Project. No setbacks are required between the parcels lines of parcels that are part of a single Project. 4. Fencing. Fencing for the Project will be standard chain-link and at least 6 feet high. The Applicant shall maintain the fence for the life of the Project. 5. Landscaping. Applicant will comply with Section 35-121 Fencing - Screening. At the perimeter locations, the setback will include a minimum 100-foot-wide landscaped area 6.1.a Packet Pg. 9 Attachment: BZA Minutes 08 08 2022 (3340 : BZA Minutes 08 08 2022) comprised of any existing vegetation supplemented as needed with a staggered row of planted trees and large shrubs. All rows of planted vegetation shall be evergreen plantings of varieties native or adaptable to the region, with one (1) row consisting of a variety expected to reach a minimum height of twenty-five (25) feet and the remaining rows of varieties designed to reach at least fifteen (15) feet in height at maturity. All evergreens shall be a minimum of six (6) feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new plantings as needed to maintain required screening. Prior to construction and site plan approval, a landscaping maintenance plan will be submitted to the Zoning Administrator for approval, which shall provide for the posting of a bond or other surety in an amount sufficient to ensure that the plantings are successfully established, and the landscaping is maintained or replaced during the life of the Project. Landscape renderings or simulations shall be sealed by a registered landscape architect. 6. Construction Management and Mitigation. Prior to construction, the Applicant shall prepare and submit to the Zoning Administrator a construction management plan to address traffic control methods, site access, fencing, lighting, mitigation of construction operations, and hours of construction activity. 7. Viewshed Protection. A Viewshed Protection Plan shall be submitted to and approved by the Director of Community Development prior to the issuance of permits, identifying appropriate measures that will be taken to protect the viewshed surrounding the project during construction. 8. Road Repairs. All public and private roads must remain open during construction. Any damage to roads caused by construction will be promptly repaired to preconstruction conditions and/or VDOT standards where deemed necessary. 9. Erosion and Sediment Control. Prior to construction, an approved erosion and sediment control plan will be implemented for the entire Project, and an erosion and sediment control bond will be provided. 10. Stormwater Management. Prior to construction, a Virginia Stormwater Management Program Permit from the Virginia DEQ will be obtained for the Project, including an approved Stormwater Pollution Prevention Plan. 11. Operational Noise and Electrical Interference. The Project will comply with all applicable County requirements for noise and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 12. Operational Light. Fixed lighting at the perimeter of the Project will be limited to gates and will be shielded/downward facing to minimize light spillage and shall be motion - activated. 13. Compliance. The project shall be designed, constructed, and tested to meet all applicable local, state, and federal standards. 14. Decommissioning. In accordance with Section 35-141(E), the applicant shall completely decommission the facility within 12 months, if the facility ceases to generate electricity for 6.1.a Packet Pg. 10 Attachment: BZA Minutes 08 08 2022 (3340 : BZA Minutes 08 08 2022) a continuous period of 12 months, including all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities, and structures. Prior to construction and approval of the entire site plan, a decommissioning plan will be submitted to the Zoning Administrator, which shall provide for the posting of a bond or other surety acceptable to the County in the amount of the decommissioning costs, not including salvage value, for the Project. 15. Start of construction. The SUP will expire unless construction of the entire Project is commenced within 3 years of the date of issuance of the SUP. 16. Survival. So long as the Project is operated in conformance with these conditions, the SUP shall continue for the life of the Project. 17. Comply with all DEQ regulations regarding nonpoint source pollutants. Chemical sprays used in weed control shall comply with DEQ regulations. 18. Fire and Rescue Training. The applicant shall provide annual training to the local fire department regarding battery storage. 19. Ordinance Compliance. The project shall remain in compliance with all other applicable requirements of the Pittsylvania County Code § 35-141(D), § 35-141(E), and § 35-141(F) not specifically stated in the conditions of this Special Use Permit. RESULT: APPROVED [UNANIMOUS] MOVER: Joseph A. Craddock, Board Member SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman ADJOURNMENT The meeting was adjourned at 7:21 p.m. 6.1.a Packet Pg. 11 Attachment: BZA Minutes 08 08 2022 (3340 : BZA Minutes 08 08 2022) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-011 New Testament Baptist Church District: Westover District Election District Zoning Request: SUP Agenda Date: September 12, 2022 Meeting History: SUBJECT Requested by New Testament Baptist Church, for a Special Use Permit for a School (Preschool and Afterschool Program) in accordance with Pittsylvania County Code § 35-223 and § 35-347. The property is a total of 6.75 acres, located on State Road 740/Iris Lane, in the Westover Election District and shown on the Tax Maps as GPIN #s 2319-62-6381 and 2319-62-8017. BACKGROUND/DISCUSSION New Testament Baptist Church is requesting a Special Use Permit to operate a preschool and afterschool program on the subject properties in accordance with Pittsylvania County Code § 35- 223 and § 35-347. The properties are currently occupied by a church and gymnasium. The property occupied by the church is currently zoned R-1, Residential Suburban Subdivision District, and the property occupied by the church B-1, Business District, Limited. Both zoning classifications allow schools by Special Use Permit only. The applicants are currently requesting to open an afterschool program but will be adding a preschool at a later date. If the Special Use Permit is issued, the buildings will have to have Change of Use Surveys conducted to ensure that all requirements of the Uniform Statewide Building Code are met. Any required changes will require a building permit. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by R-1, Residential Suburban Subdivision District, and B-1, Business District Limited, zoned properties SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-22-011 as submitted. 10.1 Packet Pg. 12 PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-011 as submitted. 2. Recommend approval of Case S-22-011 subject to conditions by the Planning Commission. 3. Recommend denial of Case S-22-011 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION On August 2, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. 10.1 Packet Pg. 13 10.1.a Packet Pg. 14 Attachment: S-22-011 New Testament App (3336 : Public Hearing: Case S-22-011 New Testament Baptist Church) 10.1.a Packet Pg. 15 Attachment: S-22-011 New Testament App (3336 : Public Hearing: Case S-22-011 New Testament Baptist Church) 10.1.a Packet Pg. 16 Attachment: S-22-011 New Testament App (3336 : Public Hearing: Case S-22-011 New Testament Baptist Church) 10.1.a Packet Pg. 17 Attachment: S-22-011 New Testament App (3336 : Public Hearing: Case S-22-011 New Testament Baptist Church) 10.1.a Packet Pg. 18 Attachment: S-22-011 New Testament App (3336 : Public Hearing: Case S-22-011 New Testament Baptist Church) 10.1.a Packet Pg. 19 Attachment: S-22-011 New Testament App (3336 : Public Hearing: Case S-22-011 New Testament Baptist Church) 10.1.a Packet Pg. 20 Attachment: S-22-011 New Testament App (3336 : Public Hearing: Case S-22-011 New Testament Baptist Church) 10.1.b Packet Pg. 21 Attachment: S-22-011 New Testament Map (3336 : Public Hearing: Case S-22-011 New Testament Baptist Church) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-013 Larry Oakes District: Dan River Election District Zoning Request: SUP Agenda Date: September 12, 2022 Meeting History: SUBJECT Requested by Larry Oakes, for a Special Use Permit for the Sales, Service, and Repair of Automobiles in accordance with Pittsylvania County Code § 35-179. The property 158.67 acres, located on State Road 968/Sandy Creek Church Road, in the Dan River Election District and shown on the Tap Map as GPIN # 2367-29-8147. BACKGROUND/DISCUSSION The applicant is requesting to operate an automobile sales facility on the property. Mr. Oakes currently operates a used car dealership in the City of Danville. He has stated that he is retiring but wishes to retain his dealer license. In order for the Department of Motor Vehicles to issue a dealer license at a location, the location must be zoned appropriately for that use. Pittsylvania County Code § 35-179 requires a Special Use Permit for the sales, service, and repair of automobiles. Mr. Oakes has stated that cars will be stored on the property and that he plans to construct a new building. If a Special Use Permit is granted, the construction of the building will be governed by the Uniform Statewide Building Code and all applicable zoning regulations. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by properties zoned R-1, Residential Suburban Subdivision District, and A-1, Agricultural District. SITE DEVELOPMENT PLAN Included in the packet. RECOMMENDATION Staff recommends APPROVAL of Case S-22-013. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-013 as submitted. 10.2 Packet Pg. 22 2. Recommend approval of Case S-22-013 subject to conditions by the Planning Commission. 3. Recommend denial of Case S-22-013 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Concept Plan PLANNING COMMISSION RECOMMENDATION On August 2, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. 10.2 Packet Pg. 23 10.2.a Packet Pg. 24 Attachment: S-22-013 Larry Oakes App (3337 : Public Hearing: Case S-22-013 Larry Oakes) 10.2.a Packet Pg. 25 Attachment: S-22-013 Larry Oakes App (3337 : Public Hearing: Case S-22-013 Larry Oakes) 10.2.a Packet Pg. 26 Attachment: S-22-013 Larry Oakes App (3337 : Public Hearing: Case S-22-013 Larry Oakes) 10.2.a Packet Pg. 27 Attachment: S-22-013 Larry Oakes App (3337 : Public Hearing: Case S-22-013 Larry Oakes) 10.2.a Packet Pg. 28 Attachment: S-22-013 Larry Oakes App (3337 : Public Hearing: Case S-22-013 Larry Oakes) 10.2.a Packet Pg. 29 Attachment: S-22-013 Larry Oakes App (3337 : Public Hearing: Case S-22-013 Larry Oakes) 10.2.a Packet Pg. 30 Attachment: S-22-013 Larry Oakes App (3337 : Public Hearing: Case S-22-013 Larry Oakes) 10.2.b Packet Pg. 31 Attachment: S-22-013 Larry Oakes Map (3337 : Public Hearing: Case S-22-013 Larry Oakes) 10.2.c Packet Pg. 32 Attachment: S-22-013 Larry Oakes Concept (3337 : Public Hearing: Case S-22-013 Larry Oakes) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-018 Darryl and Debra Burd District: Tunstall District Election District Zoning Request: SUP Agenda Date: September 12, 2022 Meeting History: SUBJECT Requested by Darryl & Debra Burd, for a Special Use Permit for a public garage in accordance with Pittsylvania County Code § 35-268. The property is 0.66 acres, located on Highway 58/Martinsville Highway in the Tunstall Election District and shown on the Tap Maps as GPIN # 1339-57-2716. BACKGROUND/DISCUSSION The subject property is currently zoned RC-1, Residential Combined Subdivision District. Under Pittsylvania County Code § 35-268, a Special Use Permit is required for public garages under the RC-1 zoning classification. The applicants received a grant from the Danville Pittsylvania County Chamber of Commerce’s Rev Up program to start a public garage on the subject property. The applicants are proposing to use an existing building on the property. In order to use the accessory structure for a commercial use, it must meet all requirements of the Uniform Statewide Building Code. Plans must be submitted to the Code Official, a building permit issued, and any necessary changes made prior to the building being used. If a Special Use Permit is granted, the storage of inoperable vehicles would be governed by the Pittsylvania County Code- Commercial, Chapter 9. The property is currently occupied by a single-family dwelling and an accessory structure. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by properties zoned RC-1, Residential Combined Subdivision District, and A-1, Agricultural District. SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-22-018 with the following conditions: 10.3 Packet Pg. 33 1. Repair activities shall be contained within an enclosed structure. 2. Inoperable vehicles shall comply with Chapter 9 of the Pittsylvania County Code and must be stored in an area screened in accordance with PCC § 35-121. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-018 as submitted. 2. Recommend approval of Case S-22-018 subject to conditions by Staff. 3. Recommend denial of Case S-22-018 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION On August 2, 2022, the Planning Commission recommended, by an 5-2 (1 abstained) vote, with opposition, that the Petitioners’ request be denied. 10.3 Packet Pg. 34 10.3.a Packet Pg. 35 Attachment: S-22-018 Darryl Burd App (3338 : Public Hearing: Case S-22-018 Darryl and Debra Burd) 10.3.a Packet Pg. 36 Attachment: S-22-018 Darryl Burd App (3338 : Public Hearing: Case S-22-018 Darryl and Debra Burd) 10.3.a Packet Pg. 37 Attachment: S-22-018 Darryl Burd App (3338 : Public Hearing: Case S-22-018 Darryl and Debra Burd) 10.3.a Packet Pg. 38 Attachment: S-22-018 Darryl Burd App (3338 : Public Hearing: Case S-22-018 Darryl and Debra Burd) 10.3.a Packet Pg. 39 Attachment: S-22-018 Darryl Burd App (3338 : Public Hearing: Case S-22-018 Darryl and Debra Burd) 10.3.a Packet Pg. 40 Attachment: S-22-018 Darryl Burd App (3338 : Public Hearing: Case S-22-018 Darryl and Debra Burd) 10.3.b Packet Pg. 41 Attachment: S-22-018 Darryl Burd Map (3338 : Public Hearing: Case S-22-018 Darryl and Debra Burd) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-019 Elkhorn Lake ATV Trails, LLC District: Banister Election District Zoning Request: SUP Agenda Date: September 12, 2022 Meeting History: SUBJECT Requested by Elkhorn Lake ATV Trails, LLC for a Special Use Permit for a Recreational Use (ATV Trails). The property is 149.1 acres, located on State Road 729/Red Road, in the Banister Election District and shown on the Tap Map as GPIN # 2486-03-9536. BACKGROUND/DISCUSSION Elkhorn Lake ATV Trails, LLC, is requesting a Special Use Permit to operate ATV Trails on the subject property. The subject property is zoned A-1, Agricultural District. According to Pittsylvania County Code § 35-179, Recreational Uses require a Special Use Permit. Special Use Permits were granted on July 12, 2021 and June 13, 2022 for ATV Trails on adjacent properties owned by Green Genie, LLC. The subject property is being leased by the applicant. If approved, the Special Use Permit would allow the current ATV operation to expand onto the subject property. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, R-1, Residential Suburban Subdivision District, and B-2, Business District, General zoned properties. RECOMMENDATION Staff recommends APPROVAL of the SUP request for ATV Trails with the following conditions: 1. Days of operation shall be limited to Thursday-Sunday. 2. Hours of operation shall be limited to 10:00 a.m. to 8:00 p.m. Thursday through Saturday and 1:00 p.m. to 8:00 p.m. on Sunday. 3. No alcohol permitted on premises. 10.4 Packet Pg. 42 4. Must maintain a 100-foot vegetative buffer along all exterior property lines. This does not apply to interior property lines within the total project area. 5. Must maintain a natural buffer along all waterways. 6. Must remain in compliance with all applicable Erosion and Sediment Control and Stormwater regulations 7. Must remain in compliance with all applicable Health Department regulations 8. Night rides are permitted once per calendar year until 2:00 a.m. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-019 as submitted. 2. Recommend approval of Case S-22-019 subject to conditions by staff. 3. Recommend approval of Case S-22-019 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-22-019 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION On August 2, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. 10.4 Packet Pg. 43 10.4.a Packet Pg. 44 Attachment: S-22-019 Elkhorn Lake ATV App (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC) 10.4.a Packet Pg. 45 Attachment: S-22-019 Elkhorn Lake ATV App (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC) 10.4.a Packet Pg. 46 Attachment: S-22-019 Elkhorn Lake ATV App (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC) 10.4.a Packet Pg. 47 Attachment: S-22-019 Elkhorn Lake ATV App (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC) 10.4.a Packet Pg. 48 Attachment: S-22-019 Elkhorn Lake ATV App (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC) 10.4.a Packet Pg. 49 Attachment: S-22-019 Elkhorn Lake ATV App (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC) 10.4.a Packet Pg. 50 Attachment: S-22-019 Elkhorn Lake ATV App (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC) 10.4.a Packet Pg. 51 Attachment: S-22-019 Elkhorn Lake ATV App (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC) 10.4.b Packet Pg. 52 Attachment: S-22-019 Elkhorn Lake ATV Map (3339 : Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC)