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09/09/2010 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING Thursday, September 9, 2010 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Thursday, September 9, 2010, in the General District Courtroom, Chatham, Virginia. Mr. Stowe, Chairman, called the meeting to order at approximately 7:00 p.m. Mr. Stowe gave the invocation. Mr. Stowe called the roll. PRESENT Morris Stowe Tunstall District Richard Motley Chatham-Blairs District Janet Mease Callands-Gretna District Curtis Arthur Staunton River District Larry Welborn Dan River District David Weatherford Westover District Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Director of Planning ABSENT Dr. Charles H. Miller, Jr. Banister District Fred Ingram Board of Supervisors Representative HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A motion was made by Mr. Motley, seconded by Ms. Mease, and by a unanimous vote the August 5, 2010, minutes were approved as presented. CHAIRMAN’S REPORT There was no Chairman’s Report. Public Hearing – Amendments to the Pittsylvania County Zoning Ordinance as Advertised Mr. Stowe opened the public hearing at approximately 7:02 p.m. Mr. Shelton reported on the advertised amendments. Mr. Stowe closed the public hearing at approximately 7:03 p.m. Upon motion of Mr. Motley, seconded by Mr. Arthur and by unanimous vote it was recommended that the Board of Supervisors approve these changes to the Pittsylvania County Zoning Ordinance. THE ZONING PRECEPTS WERE READ by Mr. Stowe TO OPEN THE PUBLIC HEARING at approximately 7:03 p.m. Case 1, Donnie and Marshah Richardson, R-10-033. Mr. Stowe opened the public hearing at 7:04 p.m. Mr. Shelton, Director of Code Compliance, reported that Donnie and Marshah Richardson had petitioned to rezone 4.37 acres, located off State Road 882/West Sunrise Drive, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for agricultural use and for placement of a second dwelling, a single-wide mobile home, for their son’s residence). Mr. Shelton further stated Mr. Richardson submitted a proffer on September 7, 2010, to address concerns of the neighbors. Mr. Shelton read the proffer. Donnie and Marshah Richardson were present to represent the petition. They stated they had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:06 p.m. A motion was made by Mr. Motley, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District with the proffer submitted. Motion passed unanimous. Planning Commission Page 2 September 9, 2010 Case 2, Atkinsons, LLC, R-10-034. Mr. Stowe opened the public hearing at 7:07 p.m. Mr. Shelton, Director of Code Compliance, reported that Atkinsons, LLC, had petitioned to rezone a total of 2.37 acres, two parcels of land, located on U. S. Highway 29 in the Chatham-Blairs Election District from MHP, Residential Manufactured Housing Park District and R-1, Residential Suburban Subdivision District to B-2, Business District, General (to bring the properties into compliance for their previous and existing use). Mr. Shelton further stated this had always been a commercial building. Jo Ann Atkinson was present to represent the petition. Ms. Atkinson stated she had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:08 p.m. During the discussion, it was stated this property had always been commercial and Ms. Atkinson had made many improvements to the property. A motion was made by Mr. Motley, seconded by Ms. Mease, to recommend the Board of Supervisors rezone this property from MHP, Residential Manufactured Housing Park District and R-1, Residential Suburban Subdivision District to B-2, Business District, General. Motion passed unanimous. Case 3, Rachel Harman, R-10-035. Mr. Stowe opened the public hearing at 7:09 p.m. Mr. Shelton, Director of Code Compliance, reported that Rachel Hartman had petitioned to rezone 2.00 acres, located on State Road 735/Mountain Hill Road in the Dan River Election District from B-2, Business District, General to RC-1, Residential Combined Subdivision District (for placement of a single-wide mobile home for her personal residence and to make the zoning consistent with the general area). Rachel Hartman and Angela Purnell were present to represent the petition. They stated they had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:10 p.m. A motion was made by Mr. Welborn, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone this property from B-2, Business District, General to RC-1, Residential Combined Subdivision District. Motion passed unanimous. Case 4, W. T. Gatewood, Jr., R-10-036. Mr. Stowe opened the public hearing at 7:11 p.m. Mr. Shelton, Director of Code Compliance, reported that W. T. Gatewood, Jr., had petitioned to rezone 1.938 acres, located on State Road 878/Pine Lake Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with the adjacent parcel zoned A-1). Mr. Gatewood, Jr., was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:12 p.m. A motion was made by Mr. Weatherford, seconded by Ms. Mease, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision to A-1, Agricultural District. Motion passed unanimous. Case 5, James A. Mahan, R-10-037. Mr. Stowe opened the public hearing at 7:13 p.m. Mr. Shelton, Director of Code Compliance, reported that James A. Mahan had petitioned to rezone 7.00 acres, more or less, (part of 98.58 acres) located on State Road 649/Anderson Mill Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the 98.58 acres of property all A-1, Agricultural District). Mr. Mahan was not present to represent the petition. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:14 p.m. A motion was made by Mr. Motley, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimous. Case 6, Kenneth and Teresia Hawkins, R-10-038. Mr. Stowe opened the public hearing at 7:15 p.m. Mr. Shelton, Director of Code Compliance, reported that Kenneth & Teresia Hawkins had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 4.00 acres to A-1, Agricultural District (to bring the property into compliance and to make the zoning consistent with the surrounding area). The R-1 portion is 2.00 acres, located on State Road 875/Horseshoe Road, in the Westover Election District. Kenneth Hawkins was present to represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:16 p.m. A motion was made by Mr. Weatherford, seconded by Ms. Mease, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimous. Case 7, Benton L. Giles, R-10-037. Mr. Stowe opened the public hearing at 7:17 p.m. Mr. Shelton, Director of Code Compliance, reported that Benton L. Giles had petitioned to rezone 132.94 acres, located on State Road 822/Ponderosa Road, in the Tunstall Election District from M-1, Industrial District, Light Industry to A-1, Agricultural District (for future sale of the property). Jeanne Giles was present to represent the petition. She stated she had nothing to add. There was no opposition to the petition. During the discussion a previous case and an easement were discussed. It was stated the easement would go with the deed. Mr. Stowe closed the public hearing at 7:19 p.m. A motion was made by Mr. Motley, seconded by Mr. Weatherford, to recommend the Board of Supervisors rezone this property from M-1, Industrial District, Light Industry to A-1, and Agricultural District. Motion passed unanimous. Planning Commission Page 3 September 9, 2010 Case 8, Kyle and Sherri Garner, R-10-040. Mr. Stowe opened the public hearing at 7:21 p.m. Mr. Shelton, Director of Code Compliance, reported that Kyle and Sherri Garner had petitioned to rezone 26.00 acres, located on State Road 832 and Fairview Road, in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for agricultural use – horses and a barn). Kyle Garner was present to represent the petition. He stated he and his wife had just moved to the area and would like to build a barn to house their animals. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:21 p.m. During the discussion, it was stated Mr. and Mrs. Garner had made improvements to the property and would contribute to the tax base. It was further stated more residents like the Garner’s were needed in the county. A motion was made by Mr. Motley, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimous. Case 4, (Continued from August Cycle), Lester A. Strode, R-10-032. Mr. Stowe opened the public hearing at 7:22 p.m. Mr. Shelton, Director of Code Compliance, reported that Lester Strode had petitioned to rezone 14.84 acres, located on State Road 719/Lawless Creek Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General (for storage of commercial vehicles related to his paving company). Mr. Shelton further reported on August 5, 2010, the Planning Commission, with opposition, recommend this case be continued until the next meeting in order for Mr. Strode to submit a proffer. Mr. Strode had submitted the proffer and Mr. Shelton read the proffer. Lester Strode was present to represent the petition. He stated he had nothing to add. Annie Osborne, Ken Osborne, Dorothy Logan, Elmer Logan and Lee Ann Barker spoke in opposition to the petition. Some of their concerns were but not limited to safety regarding truck and school bus traffic because of the narrow road, the unpleasant appearance of the site and that Mr. Strode should have rezoned the property when he purchased it. Mr. Strode offered a brief rebuttal. Mr. Stowe closed the public hearing at 7:32 p.m. During the discussion, it was stated the comprehensive plan indicated this area for future commercial development but that it was currently residential. A motion was made by Mr. Weatherford, seconded by Mr. Welborn, to recommend the Board of Supervisors deny this rezoning request. Motion passed unanimous. This concludes the Rezoning Cases. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. The meeting was adjourned at approximately 8:35 p.m. _______________________ Morris Stowe, Chairman _________________________ Hannah Orgain, Clerk