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PC 01 03 2023 PLANNING COMMISSION REGULAR MEETING Tuesday, January 3, 2023 – 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA I. CALL TO ORDER II. ROLL CALL III. ELECTION OF CHAIRMAN 1. Motion to Elect Chairman IV. ELECTION OF VICE CHAIRMAN 1. Motion to Elect Vice Chairman V. MOMENT OF SILENCE VI. PLEDGE OF ALLEGIANCE VII. HEARING OF CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. VIII. APPROVAL OF AGENDA IX. APPROVAL OF MINUTES Regular Meeting - January 3, 2023 1. PC Minutes 12062022 X. CHAIRMAN'S REPORT XI. PUBLIC HEARING Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Planning Commission have been empowered to hear and decide specific applications in support of said ordinance and to make recommendations to the Board of Supervisors or the Board of Zoning Appeals. 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 regarding zoning cases will be limited to (3) three minutes. Case Public Hearing: Case R-22-038 Myrtle Shields: Public Hearing: Case R-22- 038 Myrtle Shields; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Waters) Case Public Hearing: Case R-22-040 Harold and Celia Hayden: Public Hearing: Case R-22-040 Harold and Celia Hayden; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Mease) Case Public Hearing: Case R-22-039 Claudia and Willie Aaron: Public Hearing: Case R-22-041 Claudia and Willie Aaron; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Mease) Case Public Hearing: Case S-22-024 The Dock at SML, LLC: Public Hearing: Case S-22-024 The Dock at SML, LLC; Special Use Permit for a Marina (Mease) Case Public Hearing: Case S-22-026 Michael Eanes: Public Hearing: Case S-22- 026 Michael Eanes; Special Use Permit for the Placement of a Doublewide Mobile Home (Oakes) Case Public Hearing: Case CA-23-001; Solar Ordinance: Public Hearing: Case CA-23-001; Solar Ordinance; Amendment to Pittsylvania County Code (“PCC”), Chapter 35, Division 4, Supplementary Regulations; PCC § 35-141(C), Utility Scale Solar Energy Facility; and PCC § 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. XII. OLD BUSINESS XIII. NEW BUSINESS XIV. ADJOURNMENT Regular Meeting - January 3, 2023 Planning Commission STAFF SUMMARY Case: District: Zoning Request: Agenda Date: January 03, 2023 Meeting History: 9.1 Packet Pg. 4 December 6, 2022 Regular Meeting Pittsylvania County Planning Commission Regular Meeting December 6, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on December 6, 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 6:30 PM Nathan Harker Vice Chairman - Staunton River District Absent Colette Henderson Member - Banister District Present 6:30 PM Janet Mease Member - Callands-Gretna District Present 6:31 PM Brian K. Horne Member - Dan River District Present 6:32 PM Gary Oakes Member - Tunstall District Present 6:31 PM Richard Waters Member - Chatham-Blairs District Present 6:32 PM Darrell Dalton Board of Supervisors Rep Present 6:33 PM HEARING OF CITIZENS No citizens came forward to speak. APPROVAL OF AGENDA A motion was made by Mr. Dalton, seconded by Mr. Horne, and by a seven (7) to zero (0) vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Darrell Dalton, Board of Supervisors Rep SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker APPROVAL OF MINUTES 1. PC Minutes 11 01 22 A motion was made by Mrs. Mease, seconded by Mrs. Henderson, and by a seven (7) to zero (0) vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Colette Henderson, Member - Banister District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker CHAIRMAN'S REPORT There was no Chairman's report. 9.1.a Packet Pg. 5 Attachment: PC Minutes 12 06 2022 (3533 : PC Minutes 12 06 2022) PUBLIC HEARING 1. Public Hearing: Case R-22-030 Mount Zion Baptist Church; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Henderson) Mr. Haymore opened the public hearing at 7:04 p.m. Mrs. Ragsdale, Director of Community Development, reported that Mount Zion Baptist Church had petitioned to rezone 3.02 acres, located on State Road 685/Telegraph Road, in the Banister Election District from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a cemetery. James Stone was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:05 p.m. A motion was made by Mrs. Henderson, seconded by Mrs. Mease, 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: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 2. Public Hearing: Case R-22-033 JDA Associates, Inc; Rezoning from A-1, Agricultural District, Light Industry, to R-1, Residential Suburban Subdivision District Mr. Haymore opened the public hearing at 7:08 p.m. Mrs. Ragsdale, Director of Community Development, reported that JDA Associates, Inc. had petitioned to rezone 3.396 acres, located on State Road 1564/Talbott Drive, in the Chatham-Blairs Election District, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow for the property to be consolidated with an adjacent property zoned R-1. Skip Walker was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:09 p.m. A motion was made by Mr. Waters, seconded by Mrs. Mease, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote. 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 3. Public Hearing: Case R-22-037 Jacob and Brittany Walker; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District Mr. Haymore opened the public hearing at 7:06 p.m. Mrs. Ragsdale, Director of Community Development, reported that Jacob & Brittany Walker had petitioned to rezone 4.610 acres, located on State Road 746/Golf Club Road, in the Chatham-Blairs Election District, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow for the property 9.1.a Packet Pg. 6 Attachment: PC Minutes 12 06 2022 (3533 : PC Minutes 12 06 2022) to be consolidated with an adjacent property zoned R-1. Skip Walker was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:07 p.m. A motion was made by Mr. Waters, seconded by Mrs. Mease, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 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 4. Public Hearing: Case S-22-023 Donald and Jeannie Walker; Special Use Permit for the Placement of a Doublewide Mobile Home (Horne) Mr. Haymore opened the public hearing at 7:11 p.m. Mrs. Ragsdale, Director of Community Development, reported that Donald and Jeannie Walker had petitioned for a Special Use Permit for a double-wide mobile home, on 0.56 acres, located on State Road 1003/Blair Lane, located in the Dan River Election District. Donald Walker was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:12 p.m. A motion was made by Mr. Horne, seconded by Mr. Waters, to recommend the Board of Zoning Appeals grant the Special Use Permit. RESULT: APPROVED [UNANIMOUS] MOVER: Brian K. Horne, Member - Dan River District SECONDER: Richard Waters, Member - Chatham-Blairs District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSENT: Harker 5. Public Hearing: Case S-22-024 The Dock at SML, LLC; Special Use Permit for a Marina (Mease) Mrs. Ragsdale informed the Planning Commission that Case S-22-024 was postponed and would be heard in January due to signage not being maintained on the property for the 14 days required prior to the meeting. OLD BUSINESS Mrs. Ragsdale reminded the board of the joint training for Special Use Permits before the Board of Zoning Appeals meeting December 12th at 5:00 p.m. The joint work session for the Zoning Ordinance Update will take place at 3:00 p.m. on December 20th before the Board of Supervisor's meeting. NEW BUSINESS There was no new business. 9.1.a Packet Pg. 7 Attachment: PC Minutes 12 06 2022 (3533 : PC Minutes 12 06 2022) ADJOURNMENT The meeting adjourned at 7:14 pm. 9.1.a Packet Pg. 8 Attachment: PC Minutes 12 06 2022 (3533 : PC Minutes 12 06 2022) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-038 Myrtle Shields District: Chatham-Blairs Election District Zoning Request: A-1 to R-1 Agenda Date: January 03, 2023 Meeting History: SUBJECT Requested by Myrtle Shields, to rezone property located on State Road 835/Pleasant Gap Drive, in the Chatham Blairs Election District and shown on the Tax Maps as GPIN # 2412-38-6637. The applicant is requesting to rezone 0.31 acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow the property to be consolidated with an adjacent parcel zoned R-1. BACKGROUND/DISCUSSION Myrtle Shields is requesting to rezone a total of 0.31 acres from A-1, Agricultural District, to R- 1, Residential Suburban Subdivision District. If rezoned, the property will be consolidated with an adjacent parcel currently zoned R-1, Residential Suburban Subdivision District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. A new plat has not been submitted but if the rezoning is approved, a new plat must be submitted and approved by the Community Development Department prior to being recorded. Once the property is rezoned to R-1, all uses listed under Section 35-222 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. RECOMMENDATION Staff recommends APPROVAL of Case R-22-038, submitted by Myrtle Shields, requesting to rezone a total of 0.31 acres located on State Road 835/Pleasant Gap Drive, in the Chatham-Blairs Election District and shown on the Tax Map as GPIN# 2412-38-6638, to consolidate with an 11.1 Packet Pg. 9 adjacent property zoned R-1. The subject property is adjacent to properties currently zoned R-1, Residential Suburban Subdivision District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-038 as submitted. 2. Recommend denial of Case R-22-038 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 11.1 Packet Pg. 10 11.1.a Packet Pg. 11 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 12 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 13 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 14 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 15 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 16 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 17 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 18 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 19 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 20 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 21 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 22 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 23 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.a Packet Pg. 24 Attachment: R-22-038 Myrtle Shields App (3496 : Public Hearing: Case R-22-038 Myrtle Shields) 11.1.b Packet Pg. 25 Attachment: R-22-038 Myrtle Shields Map (3496 : Public Hearing: Case R-22-038 Myrtle Shields) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-040 Harold and Celia Hayden District: Callands-Gretna Election District Zoning Request: A-1 and R-1 to A-1 Agenda Date: January 03, 2023 Meeting History: SUBJECT Requested by Harold and Celia Hayden, to rezone property located off State Road 806/Ivory Branch Road, in the Callands-Gretna Election District and shown on the Tax Maps as GPIN # 1477-14-0194. The applicants are requesting to rezone 6.59 acres, from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent parcel zoned A-1. BACKGROUND/DISCUSSION Harold and Celia Hayden are requesting to rezone a total of 6.59 acres from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, so that property lines may be adjusted. The property is currently double zoned R-1, Residential Suburban Subdivision District, and A-1, Agricultural District. This property was created when a plat was recorded combining two properties that did not share the same zoning classification, and without proper approval from the Subdivision Agent, giving the property two zoning classifications. In order to bring the property into compliance and assign a single zoning classification, the property must be rezoned. If rezoned, the property will be consolidated with an adjacent parcel currently zoned A-1, Agricultural District. A plat titled Claudia Aaron & Harold Hayden has been submitted with the application to identify the area where zoning changes are necessary and to present the proposed property line adjustments. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES 11.2 Packet Pg. 26 Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. RECOMMENDATION Staff recommends APPROVAL of Case R-22-040, submitted by Harold and Celia Hayden, requesting to rezone a total of 6.59 acres located on State Road 806/Ivory Branch Road, in the Callands-Gretna Election District and shown on the Tax Map as GPIN # 1477-14-0194, to consolidate with an adjacent property zoned A-1. The subject property is adjacent to properties currently zoned A-1, Agricultural District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-040 as submitted. 2. Recommend denial of Case R-22-040 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 11.2 Packet Pg. 27 11.2.a Packet Pg. 28 Attachment: R-22-040 Harold Hayden App (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) 11.2.a Packet Pg. 29 Attachment: R-22-040 Harold Hayden App (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) 11.2.a Packet Pg. 30 Attachment: R-22-040 Harold Hayden App (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) 11.2.a Packet Pg. 31 Attachment: R-22-040 Harold Hayden App (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) 11.2.a Packet Pg. 32 Attachment: R-22-040 Harold Hayden App (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) 11.2.a Packet Pg. 33 Attachment: R-22-040 Harold Hayden App (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) 11.2.a Packet Pg. 34 Attachment: R-22-040 Harold Hayden App (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) 11.2.b Packet Pg. 35 Attachment: R-22-040 Hayden Hayden Map (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) 11.2.c Packet Pg. 36 Attachment: R-22-040 Harold Hayden Plat (3498 : Public Hearing: Case R-22-040 Harold and Celia Hayden) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-039 Claudia and Willie Aaron District: Callands-Gretna Election District Zoning Request: A-1 and R-1 to A-1 Agenda Date: January 03, 2023 Meeting History: SUBJECT Requested by Claudia and Willie Aaron, to rezone property located off State Road 806/Ivory Branch Road, in the Callands-Gretna Election District and shown on the Tax Maps as GPIN # 1477-03-1969. The applicants are requesting to rezone 45.58 acres, from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent parcel zoned A-1. BACKGROUND/DISCUSSION Claudia and Willie Aaron are requesting to rezone a total of 45.58 acres from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, so that property lines may be adjusted. The property is currently double zoned R-1, Residential Suburban Subdivision District, and A-1, Agricultural District. This property was created when a plat was recorded combining two properties that did not share the same zoning classification, and without proper approval from the Subdivision Agent, giving the property two zoning classifications. In order to bring the property into compliance and assign a single zoning classification, the property must be rezoned. If rezoned, the property will be consolidated with an adjacent parcel currently zoned A-1, Agricultural District. A plat titled Claudia Aaron & Harold Hayden has been submitted with the application to identify the area where zoning changes are necessary and to present the proposed property line adjustments. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES 11.3 Packet Pg. 37 Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. RECOMMENDATION Staff recommends APPROVAL of Case R-22-041, submitted by Claudia and Willie Aaron, requesting to rezone a total of 45.58 acres located on State Road 806/Ivory Branch Road, in the Callands-Gretna Election District and shown on the Tax Map as GPIN # 1477-03-1969 and a portion of GPIN# 1477-14-0194, to consolidate with an adjacent property zoned A-1. The subject property is adjacent to properties currently zoned A-1, Agricultural District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-041 as submitted. 2. Recommend denial of Case R-22-041 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 11.3 Packet Pg. 38 11.3.a Packet Pg. 39 Attachment: R-22-041 Claudia Aaron App (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) 11.3.a Packet Pg. 40 Attachment: R-22-041 Claudia Aaron App (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) 11.3.a Packet Pg. 41 Attachment: R-22-041 Claudia Aaron App (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) 11.3.a Packet Pg. 42 Attachment: R-22-041 Claudia Aaron App (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) 11.3.a Packet Pg. 43 Attachment: R-22-041 Claudia Aaron App (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) 11.3.a Packet Pg. 44 Attachment: R-22-041 Claudia Aaron App (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) 11.3.a Packet Pg. 45 Attachment: R-22-041 Claudia Aaron App (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) 11.3.b Packet Pg. 46 Attachment: R-22-041 Claudia Aaron Map (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) 11.3.c Packet Pg. 47 Attachment: R-22-041 Claudia Aaron Plat (3497 : Public Hearing: Case R-22-041 Claudia and Willie Aaron) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 22-024 The Dock at SML, LLC District: Callands-Gretna Election District Zoning Request: SUP Agenda Date: January 03, 2023 Meeting History: SUBJECT Requested by The Dock at SML, LLC, for a Special Use Permit for a Marina with Boat Storage. The properties are four (4) parcels of land, a total of 23.25 acres, located on State Road 626/Smith Mountain Road and Locus Lane, in the Callands-Gretna Election District and shown on the Tap Map as GPIN # 1563-52-1714, 1563-53-1917, 1563-53-1623 and 1563-53-1223. BACKGROUND/DISCUSSION The Dock at SML, LLC, is requesting a Special Use Permit to operate a marina and boat storage area on a total of 23.25 acres, located State Road 626/Smith Mountain Road and Locus Lane, in the Callands-Gretna Election District. A marina has been in operation on the property since before the Pittsylvania County Zoning Ordinance was adopted in 1991, making the use legal non-conforming. The applicant submitted a proposal to Community Development requesting to add additional boat slips and a dry storage area. Due to the non-conforming status, the applicant’s proposal was denied. According to Pittsylvania County Code § 35-164, non- conforming uses cannot be expanded or enlarged unless they can be brought into compliance. The Dock at SML, LLC is requesting a Special Use Permit for a marina to bring the property into compliance in accordance with Pittsylvania County Code § 35-295, allowing the marina to be expanded and dry boat storage to be added. If the Special Use Permit is denied, the marina will still be allowed to continue as a legal non- conforming use; however, they will not be allowed to modify the current boat slips or add additional storage areas. A Special Use Permit Application was heard by the Planning Commission in April 2021. At that meeting, the Planning Commission tabled the application to give the applicant time to meet with neighbors on Locust Lane and reach an agreement regarding the maintenance of Locust Lane. After the April meeting, it came to the attention of Staff that the existing legal nonconforming marina operation was out of compliance with the Virginia Department of Health, there were existing violations preventing a demolition permit from being closed that included Erosion and Sediment Control issues, and the original plans submitted to Community Development did not match those being reviewed by AEP. On April 27, 2021, County Staff sent the applicant a letter 11.4 Packet Pg. 48 identifying six (6) things that must be done before Staff could recommend granting the Special Use Permit. This letter is included in the packet. The Health Department has issued a Certificate to Operate (“CTO”) for one year. VDH stated in an email, included in the packet, that while issues identified have not been fully addressed and all relevant violations remedied, meaning the property is not in full compliance with State Marina Guidelines, a CTO was issued for a year to give the owners the opportunity to address all of the identified issues and bring the property into full compliance. Additionally, a meeting was held with property owners on Locust Lane on August 24, 2021. The applicants stated that their plan was to install an access to the property from Smith Mountain Road but would not commit to eliminating the access from Locust Lane. A possible maintenance agreement for Locust Lane was discussed if a Homeowners Association was created; however, documentation of an agreement has not been provided. To staff’s knowledge, the process has not been initiated. Staff has had discussions with AEP regarding the possibility of the proposed addition of boat slips received their approval. A letter from AEP is included in the packet. RELATIONSHIP TO THE SURROUNDING LAND USE AND NEIGHBORING AREAS Mostly surrounded by residential uses. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District, RC-1, Residential Combined Subdivision District, R-1, Residential Suburban Subdivision District, And RPD, Residential Planned Unit Development District zoned properties. SITE DEVELOPMENT PLAN A conceptual plan is enclosed in the board packet. RECOMMENDATION Staff recommends APPROVAL with the following conditions: 1. Smith Mountain Road be used as the sole public access for the property. 2. Locust Lane cannot be utilized as a construction entrance for any future construction plans. 3. The current “No Wake” buoy must be maintained in the cove and the applicant must apply and exercise reasonable and good faith efforts to secure an additional “No Wake” buoy. 4. Must remain in compliance with all applicable Virginia Department of Health regulations. 5. Must remain in compliance with AEP regulations. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-024 as submitted. 2. Recommend approval of Case S-22-024 subject to conditions by staff. 3. Recommend approval of Case S-22-024 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-22-024 as submitted. ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent 11.4 Packet Pg. 49 D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners I. Conceptual Plan 11.4 Packet Pg. 50 11.4.a Packet Pg. 51 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 52 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 53 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 54 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 55 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 56 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 57 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 58 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 59 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 60 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 61 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 62 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 63 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 64 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 65 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 66 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 67 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 68 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 69 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 70 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 71 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 72 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 73 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 74 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 75 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 76 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 77 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 78 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 79 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 80 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 81 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 82 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 83 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 84 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 85 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 86 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 87 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 88 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 89 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 90 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 91 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.a Packet Pg. 92 Attachment: S-22-024 The Dock at SML App (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) 11.4.b Packet Pg. 93 Attachment: S-22-024 The Dock at SML Map (3495 : Public Hearing: Case S-22-024 The Dock at SML, LLC) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 22-026 Michael Eanes District: Tunstall District Election District Zoning Request: SUP Agenda Date: January 03, 2023 Meeting History: SUBJECT Requested by Michael Eanes, for a Special Use Permit for the placement of a single-wide mobile home in accordance with Pittsylvania County Code § 35-223. The property is 0.50 acres, located on State Road 841/Whispering Pines Road in the Tunstall Election District and shown on the Tap Maps as GPIN # 1450-26-5818. BACKGROUND/DISCUSSION Michael Eanes is requesting a Special Use Permit to allow for the placement of a single-wide mobile home on the property to be used as a personal residence. PCC § 35-223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently vacant. There are other mobile homes in the general area. If a Special Use Permit is granted, all applicable setback requirements and Building Code regulations would have to be met before the mobile home could be placed on the 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, and R-1, Residential Suburban Subdivision District zoned properties SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-22-026 as submitted. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-026 as submitted. 2. Recommend approval of Case S-22-026 subject to conditions by the Planning Commission. 3. Recommend denial of Case S-22-026 as submitted. 11.5 Packet Pg. 94 ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition 11.5 Packet Pg. 95 11.5.a Packet Pg. 96 Attachment: S-22-026 Michael Eanes App (3507 : Public Hearing: Case S-22-026 Michael Eanes) 11.5.a Packet Pg. 97 Attachment: S-22-026 Michael Eanes App (3507 : Public Hearing: Case S-22-026 Michael Eanes) 11.5.a Packet Pg. 98 Attachment: S-22-026 Michael Eanes App (3507 : Public Hearing: Case S-22-026 Michael Eanes) 11.5.a Packet Pg. 99 Attachment: S-22-026 Michael Eanes App (3507 : Public Hearing: Case S-22-026 Michael Eanes) 11.5.a Packet Pg. 100 Attachment: S-22-026 Michael Eanes App (3507 : Public Hearing: Case S-22-026 Michael Eanes) 11.5.a Packet Pg. 101 Attachment: S-22-026 Michael Eanes App (3507 : Public Hearing: Case S-22-026 Michael Eanes) 11.5.a Packet Pg. 102 Attachment: S-22-026 Michael Eanes App (3507 : Public Hearing: Case S-22-026 Michael Eanes) 11.5.b Packet Pg. 103 Attachment: S-22-026 Micheal Eanes Map (3507 : Public Hearing: Case S-22-026 Michael Eanes) Planning Commission STAFF SUMMARY Case: Public Hearing: Case CA-23-001; Solar Ordinance District: Zoning Request: Code Amendment Agenda Date: January 03, 2023 Meeting History: SUBJECT Requested by County Staff, proposed revisions to Pittsylvania County Code (“PCC”), Chapter 35, Division 4, Supplementary Regulations; PCC § 35-141(C), Utility Scale Solar Energy Facility; and PCC § 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. BACKGROUND/DISCUSSION In 2021, the Pittsylvania County Board of Supervisors adopted amendments to PCC § 35- 141(C), Utility Scale Solar Energy Facility; and PCC § 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. to increase regulations for Utility Scale Solar Energy Facilities such as increased buffering requirements and additional controls to ensure all conditions and regulations are met prior to producing power while reducing the required distance between approved projects to allow Pittsylvania County to capitalize on the ability to enter into Siting Agreements as allowed by the Code of Virginia. In October 2022, the Board of Supervisors instructed Staff to propose amendments to PCC § 35-141 to further restrict the development of Utility Scale Solar Energy Facilities. Proposed amendments are included for the Planning Commission’s review and consideration. RECOMMENDATION Staff recommends APPROVAL of Case CA-23-001, to amend Pittsylvania County Code (“PCC”), Chapter 35, Division 4, Supplementary Regulations; PCC § 35-141(C), Utility Scale Solar Energy Facility; and PCC § 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case CA-23-001 as submitted. 2. Recommend denial of Case CA-23-001 submitted. ATTACHMENTS: A. Proposed Amendment 11.6 Packet Pg. 104 PROPOSED AMENDMENTS TO PCC § 35-141(C), UTILITY SCALE SOLAR ENERGY FACILITY, AND PCC § 35-141(D), PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES SEC. 35-141(C). UTILITY SCALE SOLAR ENERGY FACILITY 1. Utility-Scale Solar Energy Facilities shall not be located less than one five (5) miles from any other Utility Scale Solar Energy Facility. 1.2. No more than two percent (2%) of the total acreage within a single zoning district shall be approved for use as a Utility Scale Solar Energy Facility. 2.3. No rezoning or Special Use Permit Application for a Utility Scale Solar Energy Facility shall be initiated until the Applicant has first initiated negotiations with the County for a Siting Agreement as authorized by the Code of Virginia. SEC. 35-141(D). PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES In addition to the requirements of Article V, Division 4 (Site Development Plans) and, where applicable, Article V, Division 3 (Special Use Permits) of Chapter 35, Pittsylvania County Zoning Ordinance, the following documents, and information must be provided for review and approval of large- and utility-scale solar energy facilities: 1. A narrative identifying the applicant, owner, and operator, and describing the proposed solar energy project, including: an overview of the project and its location, approximate rated capacity of the solar energy project, the approximate number, representative types and expected footprint of solar equipment to be constructed, and a description of ancillary facilities, if applicable. 2. Project site development and landscape plans demonstrating that the solar project minimizes impacts on the visual character of an existing public right-of-way (ROW) or historic properties listed on the Virginia Landmarks Register, or the National Register of Historic Places. 3. A site plan meeting the requirements of Chapter 35, Article V, Division 4 Pittsylvania County Code, including the following additional information and details: a) Property lines and setbacks as set out below, unless required setbacks are increased by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. • All aspects and components associated with a solar energy facility shall be no less than one hundred fifty (150) feet from any property line. No setbacks are required between the property lines of parcels that are adjacent to each other and within the project area of a single project. 11.6.a Packet Pg. 105 Attachment: Solar County Text Amendment 01032023 (3532 : Public Hearing: Case CA-23-001; Solar Ordinance) • The project area shall be no less than two hundred (200) feet from the property line of any residential use located outside of the project area. b) Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment. c) Existing and proposed access roads, drives, turnout locations, and parking; however, this requirement shall not exceed VDOT requirements for other types of projects in the underlying zoning district. d) Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, buildings, and structures (including those within any applicable setbacks). e) Fencing, or other methods of ensuring public safety, in accordance with Section 35-121. f) Buffering as required based on the visual impacts of the project or as required by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. Required buffers shall be placed or preserved between any required fencing and adjoining properties and/or adjacent rights-of-way. Buffering or vegetative screening shall 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 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. g) Additional information may be required, as determined by the Community Development Director, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the Community Development Director to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal. Landscape renderings or simulations shall be sealed by a registered landscape architect. 4. Documentation shall include proof of control over the land or possession of the right to use the land in the manner requested. The applicant may redact sensitive financial or confidential information. 5. Document that the panels are located and installed so that the sum of the glare is directed away from an adjoining property or public rights of way. 6. The applicant shall provide proof of adequate liability insurance for a large and utility- scale solar facility prior to issuance of a zoning or building permit. 11.6.a Packet Pg. 106 Attachment: Solar County Text Amendment 01032023 (3532 : Public Hearing: Case CA-23-001; Solar Ordinance) 7. Power cannot be sold until a final inspection has been conducted to determine if all requirements of this Ordinance, the Special Use Permit, and any Siting Agreement have been met, or a schedule of completion, with appropriate surety as requested, has been approved by the Community Development Director. 8. The facility operator shall provide the name and contact information of a person with authority over the facility who can provide access for any requested inspections. 9. The facility shall be opened upon three (3) days’ notice for compliance inspections. 10. Prior to generation of power, a Fire Suppression Plan shall be approved by the Public Safety Director. 11. All inspections required under the Uniform Statewide Building Code shall be conducted by a third-party inspector in accordance with the Virginia Construction Code and the County’s Third- party Inspection Policy. All associated inspection costs shall be borne by the facility operator. 12.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 throughout the viewshed surrounding the project. Sec. 35-141(E) Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities The owner or operator of a large or utility scale solar energy facility shall completely decommission a facility within 12 months if the facility ceases to generate electricity for a continuous period of 12 months This period may be extended by the Board of Zoning Appeals if the owner or operator provides evidence that the failure to generate electricity is due to circumstances beyond their control and the facility has not been abandoned. Decommissioning shall include the removal of all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities, and structures to a depth of at least 36 inches and stabilization of the site, returning the property to a condition that is conducive to its prior use. A decommissioning plan shall be submitted, which shall include the following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars, not including a salvage or recyclable material value used to offset the decommissioning cost, provided in an itemized format by a Virginia Licensed Professional Engineer (PE); (3) how said estimate was determined; and (4) the manner in which the project will be decommissioned. As allowed by Section 35-714 of the Pittsylvania County Zoning Ordinance, the Board of Zoning Appeals shall require a bond with surety or other approved security to ensure compliance with conditions imposed in a Special Use Permit. The plan shall acknowledge that if at any time the project is declared to be an unsafe structure by the Pittsylvania County Building Code Official, the terms of the “unsafe structure” code shall apply. Sec. 35-141(F) General Requirements for Large and Utility Scale Solar Energy Facilities 1. The height of roof mounted large and utility-scale solar energy facilities shall not exceed the maximum height of other structures as permitted in the zoning district, and the maximum 11.6.a Packet Pg. 107 Attachment: Solar County Text Amendment 01032023 (3532 : Public Hearing: Case CA-23-001; Solar Ordinance) height of ground mounted facilities shall be 15 feet, as measured from the grade or base of the facility to its highest point, 2. Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) warning signs and placards; (c) signs that may be required by a federal agency; and (d) signs that provide a 24-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and the benefits of renewable energy may be allowed as provided in Article II, Division 3 of the Pittsylvania County Zoning Ordinance. 3. All large and utility scale solar energy facilities shall utilize components which have a UL listing or equivalent and fully comply with all applicable building and electrical codes, and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 4. All large and utility scale solar energy facilities shall comply with all applicable state and federal permitting and regulatory requirements. 5. All large and utility scale solar energy facilities must comply with the Pittsylvania County Noise Ordinance, but the requirements shall be no more stringent than for other development in the underlying zoning district. 11.6.a Packet Pg. 108 Attachment: Solar County Text Amendment 01032023 (3532 : Public Hearing: Case CA-23-001; Solar Ordinance)