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PC Minutes 06 06 2023PLANNING COMMISSION REGULAR MEETING Tuesday, June 6, 2023 - 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham,Virginia 24531 MINUTES 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. 2. ROLL CALL 3. MOMENT OF SILENCE The Board observed a moment of silence. 4. PLEDGE OF ALLEGIANCE The Board recited the Pledge of Allegiance. 5. HEARING OF THE 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. HEARING OF THE CITIZENS No citizens came forward to speak. 6. APPROVAL OF AGENDA Upon motion of Mrs. Mease, seconded by Mrs. Henderson, and by a unanimous vote, the agenda was approved as presented. RESULT: Approve MOVER: Janet Mease SECONDER: Colette Henderson AYES: Colette Henderson, Janet Mease, Nathan Harker, Richard Waters, Fred Webb, Justin Brown NOES: None 7. APPROVAL OF MINUTES Upon motion of Mr. Webb, seconded by Mrs. Mease, and by a unanimous vote, the minutes were approved as presented. a. May Board Meeting Minutes Approval (Staff Contact: Robin Vaughan) a. May Board Meeting Minutes Approval RESULT: Approve MOVER: Fred Webb SECONDER: Janet Mease AYES: Colette Henderson, Janet Mease, Nathan Harker, Richard Waters, Fred Webb, Justin Brown NOES: None 8. CHAIRMAN'S REPORT There was no Chairman's report. 9. PUBLIC HEARING a. Public Hearing: Case CA-23-001 Southside Investing, LLC; Amendments to Pittsylvania County Code 35-295, 35-296, 35-298, 35- 301 and 35-305. (Staff Contact: Emily Ragsdale) a. Public Hearing: Case CA-23-001 Southside Investing, LLC; Amendments to Pittsylvania County Code 35-295, 35-296, 35-298, 35-301 and 35-305. Mr. Harker opened the public hearing at 7:04 p.m. Mrs. Ragsdale, Director of Community Development, reported that Southside Investing, LLC has requested a Code Amendment to Pittsylvania County Code 35-295 Special Use Permits,35-296 Area Regulations, 35-298 Minimum Yard Dimensions (A) Front Setback (B) Side Setback (C) Rear Setback (D) Minimum Distance Between Main Buildings and (E) Corner Lots, 35-301 Open Space Requirements and 35-305 Streets, Items (F) Alleys and (G) Private Streets. A redline version was included in the agenda packet showing all changes wanting to be made. Southside Investing, LLC was present to answer any questions. Michael Kendrick spoke against the rezoning and the size of the lots, he feels that the density is too high for an area of this size. He stated he is not against a housing development, but this is too much in this compact area. David Willis was next to speak, his mother owns Axton Lodge on Martin Drive and he opposes this project. Mr. Harker closed the public hearing at 7:10 p.m. Mr. Waters asked if anyone from public works was present to address water and sewage. Chris Adcock, Director of Public Works was present. Mr. Waters asked about the size of the project as far as sewage and water needed. Mr. Adcock said there is public water along 58 from the City of Danville to the Henry County Line. He stated we have allocations from both localities that equate to about 600,000 gallons a day. He stated that he does not know what the total demands are for this particular development are, but we currently use about 90,000 gallons a day for 500 connections in the Brosville, 58 West area. He stated the sewer is a little further away, we have sewer infrastructure on Whispering Pines Road that leads to the City of Danville, so there would need to be additional studies done to see what the capacity available in that line is. Mr. Waters asked if in his option that the system could handle this particular project. Mr. Adcock stated that water-wise he does think we could handle it, sewer wise he would need to see some additional numbers and some additional studies which they are expecting to be provided by the developer at some point in time. Mr. Harker asked if the minimum distance between buildings or the setbacks from a public works perspective, does that present any challenges? Mr. Adcock said he cannot think of any. In this situation without having to have a drain field or a well on a lot, it makes the size allocation smaller, that normally dictates your drain field and well proximity of those to each other. Mr. Harker asked if changing the current rear setback from 30 feet to 20 feet, which is the proposed minimum would cause any issues. Mr. Adcock said that from a public works standpoint he does not see an issue. The proposed setback change only affects the interior property lines within the project. Mr. Waters read a positive motion for the proposed changes noted in the redline version from Mr. Oakes during his absence. Mrs. Henderson seconded the motion, that the code amendment changes be made. Motion passed by a six (6) to zero (0) vote. RESULT: Approve MOVER: Richard Waters SECONDER: Colette Henderson AYES: Colette Henderson, Janet Mease, Nathan Harker, Richard Waters, Fred Webb, Justin Brown NOES: None b. Public Hearing: Case R-23-015 Wayne and Sandra Troxler; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Mease) (Staff Contact: ) b. Public Hearing: Case R-23-015 Wayne and Sandra Troxler; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Mease) Mr. Harker opened the public hearing at 7:15 p.m. Mrs. Ragsdale, Director of Community Development, reported that Wayne & Sandra Troxler had petitioned to rezone 1.61 acres, located at 221 Locust Lane, in the Callands-Gretna Election District from RC-1, Residential Combined Subdivision District, to A- 1, Agricultural District to allow for a second dwelling. Wayne Troxler was present to represent the petition along with a set of proffers stating 1. We forfeit all uses allowed in the A-1, Agricultural District, that are not allowed by-right in the RC-1, Residential Combined Subdivision District, as shown in the Pittsylvania County Code § 35-267. 2. The second dwelling will not be manufactured housing (i.e., single wide or double wide.) Mr. Harker read the proffers aloud. There was no opposition to the petition. Mr. Harker closed the public hearing at 7:18 p.m. Mrs. Mease stated she had 3 phone calls regarding this case that were of concern because of the Agricultural zoning. She feels that Mr. Troxler is trying his best to be a good neighbor in that area and has come forward and offered offers that are self-explanatory. A motion was made by Mrs. Mease, seconded by Mr. Webb to recommend the Board of Supervisors grant the rezoning request with proffers offered by the Troxler's. Motion passed by a six (6) to zero (0) vote. RESULT: Approve MOVER: Janet Mease SECONDER: Fred Webb AYES: Colette Henderson, Janet Mease, Nathan Harker, Richard Waters, Fred Webb, Justin Brown NOES: None c. Public Hearing: Case R-23-016 Southside Investing, LLC; Rezoning from A-1, Agricultural District, to RPD, Residential Planned Unit Development District (Oakes) (Staff Contact: ) c. Public Hearing: Case R-23-016 Southside Investing, LLC; Rezoning from A-1, Agricultural District, to RPD, Residential Planned Unit Development District (Oakes) Mr. Harker opened the public hearing at 7:19 p.m. Mrs. Ragsdale, Director of Community Development, reported that Southside Investing, LLC, had petitioned to rezone 13 parcels, 614.45 acres, generally located on State Road 855/Martin Drive, Route 58, State Road 851/Peach Orchard Road and Sugar Tree Lane in the Tunstall Election District, from A-1, Agricultural District, to RPD, Residential Planned Unit Development to allow for a mixed-use development and to include commercial and residential use. Tom Gallagher from Southside Investing, LLC, represented the petition. Some of the properties that are listed in this rezoning case have been for sale for over 30 years, looking at the housing needs for the future employers at the mega site. These developments while they are compact and dense, give new homeowners and existing home owners possibly a wide variety of housing types. It will allow for multi-family rental, and townhouses for first time home buyers, a variety of single-family detached homes. With this being a mixed-use concept, so this would contemplate in the future subject to further approvals, the inclusion of a commercial center. We will have a hotel on site, an independent living campus and a senior living facility. The other benefit of this type of development is that as the county grows and allows it to concentrate on housing and at the end of the day, preserve more rural and agricultural area. This project will take approximately 10 years to complete. It will take approximately 18 months to get started, as they will need to go through the process with the county DEQ and the Corps of Engineers and VDOT before they are in a position to start moving earth, their first goal will be to provide housing to the area. Mr. Waters asked if this group has completed projects like this in the past. Mr. Gallagher states that he has, but this partnership Southside Investing, LLC, consists of people that grew up in this area and went to Tunstall & Dan River respectively. Between the partners they have 54 years’ experience, Mr. Gallagher has been in real estate development for about 28 years and he has worked on various communities in Virginia, Maryland and Delaware. The closest one that he has done to Pittsylvania County is in Charlottesville, VA at the intersection of 29 and Hydraulic Road. Mr. Harker called residents to speak that have signed up. Joshua Jennings was first to speak, he lives in the Chatham-Blairs District but is also a landowner in the Tunstall District, close to this project. He feels that the developers will meet the needs and that we can balance the need to preserve what we have here in Pittsylvania County, but also grow. He says we need people to move to the area to retain our youth in order to keep things economically in this area. Our children's futures depend on opportunities such as this planned development to go forward. Census data shows that the population in this area has decreased the last two decades, we need to augment our growth and he feels that Southside Investing, LLC, is able to do this in a positive manner. He urges the board to support this rezoning as a resident and a land owner in the vicinity. Individuals who spoke in opposition to the petition were as follows: Ryan Gusler, Kim Greer, David Willis, Heather Watlington, Pamela Henry-Mays, Michael Kendrick, Jane Kendrick, Josh Austin, Carlos Valderrama, Denisse Valderrama, Alaina Kiskadden, Stephanie Smith and Keith Whitlock. Their concerns included, but were not limited to, the following: Southside Investing, LLC, not notifying residents in a timely manner. An increase in traffic and safety with the increased traffic volume, access to Martin Drive being limited, they would like to see the bulk of traffic handled from Highway 58, distance to existing residences, increase in property taxes, increase in crime, privacy issues, noise, pollution, too costly to install sewer and connect to City of Danville sewage system, limited Emergency Medical Services coverage, construction issues (blasting if required), exit strategy if project fails and maintaining agricultural uses. Mr. Harker read an e-mail from Gary Oakes who is the representative for Tunstall District and was not present at the meeting. Mr. Oakes thanked Southside Investing, LLC, for considering Pittsylvania County for this project. Housing will be needed when the Berry Hill Mega park starts operation, the county has the infrastructure to support this project other than sewage and that will need updating. He states all roads should be built to state codes. Mr. Harker called Tom Gallagher back to answer any questions and address concerns of the residents. He stated they did conduct three community meetings at Brosville Volunteer Fire Department, Shiloh Baptist Church and Faith Memorial Baptist Church, all meetings were fairly well attended. Some of the same concerns were heard tonight and with respect to traffic, he stated they have had a number of meetings with VDOT and they do envision the bulk of traffic being handled by entrances on Highway 58. He stated they included other access points to show the benefits of ancillary access. He also stated that having it listed on the map does not mean it's going to happen, they will be working through the process with VDOT. He stated they have heard concerns with safety on Martin Drive, and regarding lowering the speed limit which is currently 55 mph. He also stated that stormwater management will be addressed with Pittsylvania County, DEQ and the Corps of Engineers. Sewer concerns were addressed by Chris Adcock. He stated there are pump stations in place now and it's quite possible they will need upgrading. Mr. Gallagher stated they have met with Dr. Jones regarding issues with schools and there is about 25 to 30 percent capacity available in the Tunstall District, between the elementary, middle and high schools. Concerning agricultural uses, he stated these type of developments enable jurisdictions to retain more agriculture uses and properties. He stated setbacks would be addressed, there will not be any closer to properties than the 40-foot setbacks that are currently in place by the A-1, Agricultural District zoning. Mrs. Mease asked if Mr. Gallagher could elaborate on buffers since Stephanie Smith raised concerns. He stated they will be using the current A-1, Agricultural District, set-backs which are 40 feet, so any home that would be built would be 40 feet notwithstanding, internally they would like to have reduced setbacks in terms of the perimeter, that will not change. Mr. Harker closed the public hearing at 8:14 p.m. Mr. Waters made a motion on behalf of Mr. Oakes, who was not present, seconded by Mr. Webb, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a six (6) to zero (0) vote. RESULT: Approve MOVER: Richard Waters SECONDER: Fred Webb AYES: Colette Henderson, Janet Mease, Nathan Harker, Richard Waters, Fred Webb, Justin Brown NOES: None 10. OLD BUSINESS Mrs. Ragsdale reminded everyone that the next bi-monthly meeting for the zoning ordinance update this Thursday at 5:30 p.m. 11. NEW BUSINESS Mrs. Ragsdale stated there will be four rezoning cases and two special use permits for the month of July. 12. ADJOURNMENT The meeting was adjourned at 8:17 p.m.