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PC Minutes 09 03 2019 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING September 3, 2019 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, September 3, 2019, in the General District Courtroom, Chatham, Virginia. Mr. Motley, Chairman, called the meeting to order at approximately 7:00 p.m. Mr. Motley called the roll. PRESENT Richard Motley Chatham-Blairs District Timothy Dudley Staunton River District Morris Stowe Tunstall District H. F. Haymore, Jr. Westover District Brian Horne Dan River District Dr. Charles H. Miller, Jr. Board of Supervisors Representative Karen N. Hayes Deputy Director of Community Development Greg Sides Assistant County Administrator J. Vaden Hunt County Attorney ABSENT Janet Mease Callands-Gretna District Colette Henderson Banister District MOMENT OF SILENCE The Board observed a moment of silence. PLEDGE OF ALLEGIANCE The Board recited the Pledge of Allegiance. HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE AGENDA A motion was made by Mr. Stowe, seconded by Mr. Haymore, and by a 6 to 0 vote (two members, Mrs. Mease and Mrs. Henderson, were absent), the agenda was approved as presented. Planning Commission September 3, 2019 Page 2 APPROVAL OF THE MINUTES A motion was made by Mr. Dudley, seconded by Mr. Stowe, and by a 6 to 0 vote (two members, Mrs. Mease and Mrs. Henderson, were absent), the August 6, 2019, minutes were approved as presented. CHAIRMAN’S REPORT Mr. Motley read a thank you note from Mrs. Mease in appreciation of the flowers sent during the recent loss of her husband. Mr. Motley also welcomed Mr. Joe Davis, Chairman of the Board of Supervisors, and Mr. Leon Griffith, Board of Zoning Appeals representative for the Tunstall Election District, to the meeting. THE ZONING PRECEPTS WERE READ by Mr. Motley TO OPEN THE PUBLIC HEARING at approximately 7:05 p.m. Case R-19-024, Plyler Properties, Inc. – Mr. Motley opened the public hearing at 7:05 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Plyler Properties, Inc., had petitioned to rezone 34.398 acres, located on Waterlocked Road, in the Callands-Gretna Election District from A-1, Agricultural District, to RPD, Residential Planned Unit Development District for future development. She then stated once the property is rezoned to RPD, all uses listed under Section 35-294 are permitted. Mr. Erik Plyler was present to represent the petition. He stated this would expand the existing subdivision. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:08 p.m. A motion was made by Mr. Dudley, seconded by Mr. Haymore, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (two members, Mrs. Mease and Mrs. Henderson, were absent). Case R-19-025, Roy O. Nicholson, III, & Phyllis K. Nicholson – Mr. Motley opened the public hearing at 7:09 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Roy and Phyllis Nicholson had petitioned to rezone 13.72 acres, located on Weatherford Drive, in the Staunton River Election District from RE, Residential Estates District to A-1, Agricultural District to make the zoning consistent with the adjacent parcels zoned A-1. Mr. Roy Nicholson was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:10 p.m. A motion was made by Mr. Dudley, seconded by Mr. Horne, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (two members, Mrs. Mease and Mrs. Henderson, were absent). Case R-19-026, Russell A. Eades – Mr. Motley opened the public hearing at 7:12 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Russell Eades had petitioned to rezone 1.256 acres from MHP, Residential Manufactured Housing Park District to R-1, Residential Suburban Subdivision District and 4.533 acres from MHP, Residential Manufactured Housing Park District to A-1, Agricultural District, to bring the existing use into compliance and to be consistent with his adjacent property zoned A-1. She then stated the parcels are located on Grit Road in the Stanton River Election District. She also stated once the properties are rezoned to R-1 and A-1, all uses listed under Sections 35-222 and 35-178 are permitted. Mr. Russell Eades was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:13 p.m. A motion was made by Mr. Dudley, seconded by Mr. Stowe, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (two members, Mrs. Mease and Mrs. Henderson, were absent). Planning Commission September 3, 2019 Page 3 Case R-19-027, William E. Landrum, Jr., & Lydia S. Landrum – Mr. Motley opened the public hearing at 7:15 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Jay and Lydia Landrum had petitioned to rezone a total of 62.45 acres, located off Slaughter Avenue in the Westover Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for subdivision of the properties for family. She then stated once the properties are rezoned to A-1, all uses listed under Section 35-178 are permitted. No one was present to represent the petition. Mr. Haymore stated the rezoning is strictly for family only. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:17 p.m. A motion was made by Mr. Haymore, seconded by Mr. Stowe, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 6 to 0 vote (two members, Mrs. Mease and Mrs. Henderson, were absent). This concludes the Rezoning cases. Case S-19-010, J. D. Shelton, Et Als, Gloria T. Shelton, Et Als, & Tammy Leigh Shelton Wiles, Et Als – Mr. Motley opened the public hearing at 7:18 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. Ms. Tammy Shelton Wiles was present to represent the petition. She presented two (2) petitions containing the names of individuals in favor of the ATV trails to the Board members for their review. Buford Arnn, Rodney Dalton, pastor of the Cypress Springs Church of God, Nelson Adams, Brenda Martin, and Shirley Pullin spoke in favor of the ATV trails. A letter of opposition submitted by George and Claudia Rice, currently residing in New Jersey, was submitted to the Board members for their review. Phyllis Harris and Tanner Owen spoke in opposition to the petition (James Hankins, who was out of town for the meeting, was represented by Tanner Owen). Their concerns included, but were not limited to, the following: Excessive noise, overnight camping, reduction in property values, night riding, Sunday riding, etc. Following questions from the Board members regarding stipulations placed on the hours of operation, Ms. Wiles offered a rebuttal and stated the normal hours would be 10:00 a.m. – 6:00 p.m., and during the summer months, the trails would close at 8:00 p.m. She then stated the trails are open to the public every weekend. She also stated only one night ride had been held. Mr. Motley closed the public hearing at 7:39 p.m. A motion was made by Mr. Horne, seconded by Mr. Dudley, to recommend to the Board of Zoning Appeals that the Special Use Permit request be granted with the condition that the applicants adhere to the following hours of operation on the ATV trails: 10:00 a.m. to 6:00 p.m., except during Daylight Savings Time, the hours of operation are 10:00 a.m. to 8:00 p.m. Motion passed by a 6 to 0 vote (two members, Mrs. Mease and Mrs. Henderson, were absent). Case S-19-011, Hope Center Ministries, Inc. – Mr. Motley opened the public hearing at 7:45 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 Mountain Run Road, in the Tunstall Election District for a residential addiction treatment group home. Mr. Travis Byrd, District Director of Hope Center Ministries, Inc., was present to represent the petition. He stated this is a Christ-centered recovery center with a twelve (12) step, work therapy program. He then stated a mens center is located in Henry County and no problems have occurred. He also stated this site is a womens center and is a much-needed facility. Following questions from a Board member, he stated the property was purchased in May, 2019. He then stated the center received a letter dated July 1, 2019, from Mrs. Hayes stating a Special Use Permit had not been obtained to allow for operation of the center. Mr. Byrd then stated he discussed this matter with Mrs. Hayes and Mr. Sides, and then applied for a Special Use Permit to bring the center into compliance as soon as possible. The individuals who spoke in opposition to the petition were as follows: Monte Keatts, Sue Fowler, Donald Fowler, and Duane Adams. Their concerns included, but were not limited to, the following: they did not want the facility in their neighborhood or in a rural Planning Commission September 3, 2019 Page 4 area; no security; safety concerns; increased traffic; promotes fear in the community; decrease in property values, etc. The individuals who spoke in support of the facility were as follows: Angela Fitzgerald, David Craddock, Emily Bradley, Patty Johnson, Tonya Walker, Julie King, and John Hornick. Their comments included, but were not limited to, the following: the ladies work at KDH Defense Systems in Eden, North Carolina, and travel to and from work and church in a van; there is no other facility like this in the area; the residents present no danger to the community; the facility helps the residents get jobs; they attend church; this is a twelve (12) step program; the women are at the facility for restoration, hope and help. Following questions from several of the Board members, Mr. Byrd offered a rebuttal and stated there have been no negative events in Henry County or at the mens center. He then stated families of the residents are allowed visitation on Fridays, 6:00 p.m. – 8:00 p.m., and on Sundays after church. He also stated the center is located one (1) mile off the road. He then stated there are nine (9) ladies currently located at the facility, with a capacity for 16-20 residents. Mr. Motley closed the public hearing at 8:45 p.m. A motion was made by Mr. Stowe to recommend to the Board of Zoning Appeals that the Special Use Permit request be denied; however, the motion failed due to lack of a second motion. A motion was then made by Dr. Miller, seconded by Mr. Dudley, to recommend to the Board of Zoning Appeals that the Special Use Permit request be granted. Motion passed by a 5 to 1 vote (two members, Mrs. Mease and Mrs. Henderson, were absent). The Board members voting in favor of the motion were as follows: Mr. Motley, Mr. Dudley, Mr. Haymore, Mr. Horne, and Dr. Miller. The Board member voting against the motion was as follows: Mr. Stowe. This concludes the Special Use Permit cases. PUBLIC HEARING – PROPOSED REVISION TO PITTSYLVANIA COUNTY CODE, CHAPTER 35, SEC. 35-122, COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL; SEC. 35-179 A-1, SPECIAL USE PERMITS; SEC. 35-347 B-1, SPECIAL USE PERMITS. Mr. Motley opened the public hearing at 8:48 p.m. Mrs. Hayes presented a proposed revision to the Pittsylvania County Code, Chapter 35, SEC. 35-122, COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL; SEC. 35-179 A-1, SPECIAL USE PERMITS; SEC. 35-347 B-1, SPECIAL USE PERMITS. The proposed amendment would omit the following language: SEC.35.122. COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL. Except where animals are confined in soundproofed, air conditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. In no case shall any such structure or area be located closer than two hundred (200) feet to any agricultural or residential lot line. In all cases, animals shall be shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. and add commercial kennels, veterinary and animal hospitals under special use permits in the following districts; A-1, Agricultural District, B-1, Business District, Limited. Provisions exist for the allowed uses in B-2, Business District, General; M-1, Industrial District, Light Industry, & M-2, Industrial District, Heavy Industry. No one was signed up to speak. Mr. Motley closed the public hearing at 8:50 p.m. A motion was made by Mr. Dudley, seconded by Mr. Haymore, to recommend that the proposed amendments to Sections 35-122, 35-179, and 35-347 of the Pittsylvania County Zoning Ordinance be referred to the Board of Supervisors for approval as advertised. Motion passed by a 6 to 0 vote (two members, Mrs. Mease and Mrs. Henderson, were absent). OLD BUSINESS There was no old business. Planning Commission September 3, 2019 Page 5 NEW BUSINESS Mrs. Hayes reported there are four (4) Rezoning cases and one (1) Special Use Permit case for October, 2019. The meeting was adjourned at approximately 8:52 p.m.