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PC Minutes 05 03 2022May 3, 2022 Regular Meeting Pittsylvania County Planning Commission Regular Meeting May 3, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on May 3, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman - Westover District H.F. Haymore, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived H.F. Haymore Chairman - Westover District Present 6:36 PM Nathan Harker Vice Chairman - Staunton River District Absent Colette Henderson Member - Banister District Present 6:34 PM Janet Mease Member - Callands-Gretna District Present 6:33 PM Brian K. Horne Member - Dan River District Present 6:35 PM Gary Oakes Member - Tunstall District Present 6:36 PM Richard Waters Member - Chatham-Blairs District Present 6:33 PM Darrell Dalton Board of Supervisors Rep Present 6:37 PM HEARING OF CITIZENS No citizens came forward to speak. APPROVAL OF AGENDA A motion was made by Mrs. Mease, seconded by Mr. Horne, and by a seven (7) to zero (0) vote , the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker APPROVAL OF MINUTES 1. PC Minutes 04_05_2022 A motion was made by Mr. Waters, seconded by Mr. Dalton, and by a seven (7) to zero (0) vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Darrell Dalton, Board of Supervisors Rep AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker CHAIRMAN'S REPORT Mr. Haymore reported that former Chairman Mr. Richard Motley's wife passed away recently and asked for him to be remembered prayers and thoughts. PUBLIC HEARING 1. Public Hearing: Case R-22-008; Robert and Barbie Eanes; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Waters) Mr. Haymore opened the public hearing at 7:03 p.m. Mrs. Ragsdale, Director of Community Development, reported that Robert & Barbie Eanes petitioned to rezone 7.41 acres located on State Road 718/Snakepath Road in the Chatham-Blairs Election District from RC-1, Residential Combined Subdivision District to A-1, Agricultural District to allow for two dwellings to be placed on the property. Barbie Eanes was present to represent the petition. Mrs. Eanes stated that th ey were not rezoning for a mobile home park, they were rezoning to A-1 to allow for two residences on the property. She also stated they had originally planned to build their personal home there but have since purchased another home, so they are looking at other alternatives for this property. The Board did not have any questions for Mrs. Eanes. First up to speak was Brian Loeb. He stated that he was opposed to anything that will allow a mobile home now or in the future to be allowed in the neighborhood. He suggested dividing the land into two properties rather than rezoning. Mr. Waters asked if there were currently any mobile homes in the area. Mr. Loeb stated there is one down the road that has been there for several years. Mr. Waters asked if there were any doublewides in the area. Mr. Loeb said there is one about three quarters of a mile from the property. Mr. Waters asked Mrs. Ragsdale if the property could be subdivided. Mrs. Ragsdale informed the Board that the property does not have enough road frontage to be subdivided into two lots. Mr. Horne asked if under A-1 if there is a limit to mobile homes that can be placed on the property. Mrs. Ragsdale stated that A-1 allows for two dwellings - they can be stick built homes, modular homes, single-wide and double wide homes. She stated the property is currently zoned RC-1 which allows for one dwelling that can be stick-built, modular, single-wide or double-wide manufactured homes. Mr. Horne asked if under A-1 if it could ever be more than two. Mrs. Ragsdale stated that there can only be two. Mr. Waters asked if since it is currently zoned RC -1, could put a manufactured home there now with no rezoning or special use permit. Mrs. Ragsdale said that is correct, they would only need a building permit. Next to speak was Robin Loeb. She stated that she was told by the applicants that they intended to put a mobile home park on the property and that being the case since the property is 7 acres that she thinks it can handle more than two dwellings. Mr. Waters stated that Mrs. Ragsdale has already said that no more than two dwellings can be placed on the property under A-1 zoning. Mrs. Ragsdale stated that A-1 and C-1 are the only two zoning districts that allow for two single family dwellings on the property. She also said that the only zoning designation that allows for more than two dwelling would be Residential Multi Family District or Residential Manufactured Housing Park. Mrs. Ragsdale stated that either of these zoning designations would not be consistent with the comprehensive plan, which designates this property as Agricultural and Rural residential, so she would not recommend that the property ever be rezoned to Residential Manufactured Housing Park as it would be considered illegal spot zoning. Denise Williams was next to speak. She is responsible for two parcels of land adjacent to this property. She stated that she is concerned with uses listed under A-1 zoning, what is allowed and what is not. She stated that one concern is the multi dwelling because there are neighbors just in front of them. She also stated that the land had mobile homes on it prior and the dwellings were allowed to significantly depreciate and lower property values. She stated that they were eyesores for the neighborhood, so something like that is a huge concern for her. Next to speak was Ted Kessler, stating that he has one of the largest frontages to this property and is concerned about what or may not happen, He stated that he has learned that if you own a piece of property that you can only put one dwelling on, you can come up here and ask for it to be changed and to him, this does not seem exactly right, but he is not making a decision, he is just disputing the case that concerns him since it is in his backyard. He also stated that he di d not get a letter regarding the case, he heard it from neighbors. Mr. Waters asked Mrs. Ragsdale if there was any issue because he did not receive his letter before the meeting. Mrs. Ragsdale said that she had the receipt where the letter was sent out and suggested that he should follow up with the post office about not receiving it. Mrs. Mease asked the certified letter had to be signed for by the recipient to show it has been received. Mrs. Ragsdale said that all rezoning notifications are sent out certified as required by state law. Mr. Haymore closed the public hearing at 7:18 p.m. Mr. Waters thanked everyone for coming out to speak on behalf of this case. He has spoken with Mrs. Eanes and Mrs. Ragsdale to get clarification on what is planned. He stated that nothing was immediately planned but that they were just seeking to rezone at this time. He said that Mrs. Ragsdale had assured him that there will not be a mobile home park on this property. A motion was made by Mr. Waters, seconded by Mrs. Mease, to recommend the Board of Supervisors grant the rezoning request. Motion passed by seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 2. Public Hearing: Case R-22-009 Ronnie Warren; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Oakes) Mr. Haymore opened the public hearing at 7:20 p.m. Mrs. Ragsdale, Director of Community Development, reported that Ronnie Warren, had petitioned to rezone 2.91 acres, in the Tunstall Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for an accessory building to be placed on the property for his personal use. Ronnie Warren was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:22 p.m. A motion was made by Mr. Oakes, seconded by Mr. Dalton, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Gary Oakes, Member - Tunstall District SECONDER: Darrell Dalton, Board of Supervisors Rep AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 3. Public Hearing: Case R-22-015 Bradley and Shannon Mceowen ; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Henderson) Mr. Haymore opened the public hearing at 7:23 p.m. Mrs. Ragsdale, Director of Community Development, reported that Bradley & Shannon Mceowen, had petitioned to rezone 34.9 acres, located on Halifax Road in the Banister Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural uses. Bradley Mceowen was present to represent the petition. Mr. Horne asked what agricultural uses it would be used for. Mr. Mceowen said they would like to fence in some of the property to have the appropriate horse acreage ratio to keep their land in good shape. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:25 p.m. A motion was made by Mrs. Henderson, seconded by Mr. Horne, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 4. Case S-22-005 Louise Morrison; Special Use Permit for a Doublewide Mobile Home (Henderson) Mr. Haymore opened the public hearing at 7:26 p.m. Mrs. Ragsdale, Director of Community Development, reported that Joseph & Louise Morrison, petitioned for a Special Use Permit for placement of a Double-Wide home on 1.0 acres, located at 705 Telegraph Road in the Banister Election District. Julisha Murphy was present to represent the petition. Mr. Horne asked what was currently on the property. Ms. Murphy said there had been a stick-built home on the property, but it was destroyed by fire in January of this year. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:27 p.m. A motion was made by Mrs. Henderson, seconded by Mrs. Mease, to recommend the Board of Zoning Appeals grant the Special use Permit. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 5. Case S-22-007 Sally Norcutt; Special Use Permit for a Singlewide Mobile Home Mr. Haymore opened the public hearing at 7:28 p.m. Mrs. Ragsdale, Director of Community Development, reported that Sally Norcutt, petitioned for a Special Use Permit for placement of a Single-Wide home on 3.28 acres, located on Motley Road in the Banister Election District. Sally Norcutt was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:29 p.m. A motion was made by Mrs. Henderson, seconded by Mr. Dalton, to recommend the Board of Zoning Appeals grant the Special use Permit. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Darrell Dalton, Board of Supervisors Rep AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 6. Case S-22-008 Green Genie LLC; Special Use Permit for a Recreational Use (ATV Trails) (Henderson) Mr. Haymore opened the public hearing at 7:32 p.m. Mrs. Ragsdale, Director of Community Development, reported that Green Genie, LLC, petitioned for a Special Use Permit for recreational use (ATV Trails), located on Elkhorn Road in the Banister Election District. A representative from Green Genie, LLC, was present to represent the petition. He stated that they were adding to existing ATV trails on property they have just acquired. Mr. Oakes asked how far the trails would be from homes that were on adjacent properties. The representative stated that the trails would be kept at least 100 feet from all adjacent property lines. Mr. Waters stated that the conditions state 100-foot vegetative buffer. Mrs. Ragsdale said that it would have to meet the ordinance regulation for a vegetative buffer, if there is existing vegetation there, it would be left. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:38 p.m. A motion was made by Mrs. Henderson, seconded by Mr. Dalton, to recommend the Board of Zoning Appeals that the Special Use Permit be granted with conditions. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Darrell Dalton, Board of Supervisors Rep AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker OLD BUSINESS There was no old business. NEW BUSINESS There will be five (5) rezoning cases and two (2) Special Use Permits for June. There will also be a variance but won't hold a public hearing, but state code requires the variance application is presented to the board before going to the Board of Zoning Appeals, so they can make a recommendation if they choose to do so. Yearly training will be held Monday May 9th at 5 pm before the Board of Zoning Appeals meeting. ADJOURNMENT The meeting was adjourned at 7:43 p.m.