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10/05/2010 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING October 5, 2010 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on October 5, 2010, in the General District Courtroom, Chatham, Virginia. Mr. Motley, Chairman, called the meeting to order at approximately 7:00 p.m. Mr. Motley gave the invocation. Mr. Motley called the roll. PRESENT Richard Motley Chatham-Blairs District Janet Mease Callands-Gretna District Curtis Arthur Staunton River District Larry Welborn Dan River District David Weatherford Westover District Fred Ingram Board of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Director of Planning ABSENT Morris Stowe Tunstall District Dr. Charles H. Miller, Jr. Banister District HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A motion was made by Mr. Arthur, seconded by Mr. Welborn, and by a unanimous vote the September 9, 2010, minutes were approved as presented. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Motley TO OPEN THE PUBLIC HEARING at approximately 7:05 p.m. Public Hearing – Conservation Easement Proposal Mr. Sides presented information on Mr. Billie S. Pollok’s request for a conservation easement on three parcels totaling approximately 252.37 acres, located on/off State Road 865. Mr. Pollock explained why he wanted his land in the conservation easement. Mr. Motley closed the public hearing at approximately 7:07 p.m. A motion was made by Mr. Ingram, seconded by Mr. Arthur, that this easement be accepted as per the summary in the packet. Motion passed unanimous. Case 1, Eric Wayne Faris, R-10-041. Mr. Motley opened the public hearing at 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported that Eric Wayne Faris had petitioned to rezone 1.15 acres, located on State Road 665/Rockford School Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Planning Commission Page 2 October 5, 2010 Agricultural District (for a storage building for tractors). Eric Faris was present to represent the petition. He stated he had nothing to add. Mr. Charles Gregory came forward and spoke in support of the petition. He stated he was Mr. Faris’s father-in-law and owned six parcels adjacent to the parcel under petition and was not opposed. He further stated he had talked to the neighbors and they were not opposed. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:10 p.m. During the discussion it was stated there were agricultural uses in the immediate area. A motion was made by Mr. Arthur, seconded by Mr. Ingram, 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 2, Franklin & Louise Weatherford, R-10-042. Mr. Motley opened the public hearing at 7:10 p.m. Mr. Shelton, Director of Code Compliance, reported that Franklin & Louise Weatherford had petitioned to rezone 0.83 acre, located on State Road 863/R & L Smith Drive, in the Chatham-Blairs Election District from M-1, Industrial District, Light Industry to A-1, Agricultural District (for storage of farm equipment). Frank Weatherford was present to represent the petition. Mr. Weatherford stated he was retired and no longer wanted to use the welding shop for a business and only wanted to work on his farm equipment. There was no opposition to the petition. Mr. Motley 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 M-1, Industrial District, Light Industry to A-1, Agricultural District. Motion passed unanimous. Case 3, Dry Creek Properties, LLC, R-10-043. Mr. Motley opened the public hearing at 7:13 p.m. Mr. Shelton, Director of Code Compliance, reported that Dry Creek Properties, LLC, had petitioned to rezone 0.124 acre, located on State Road 1502/Woodlake Drive in the Westover Election District from B-2, Business District, General to R-1, Residential Suburban Subdivision District (to combine with the adjoining parcel that is zoned R-1). Sandra Adams was not present to represent the petition. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:14 p.m. A motion was made by Mr. Weatherford, seconded by Ms. Mease, to recommend the Board of Supervisors rezone this property from B-2, Business District, General to R-1, Residential Suburban Subdivision District. Motion passed unanimous. Case 4, Francis & Lillian Martin, R-10-044. Mr. Motley opened the public hearing at 7:15 p.m. Mr. Shelton, Director of Code Compliance, reported that Francis and Lillian Martin had petitioned to rezone a portion of a 2.71 acre parcel of land, (0.427 acre), located on State Road 1071/Tobacco Road, in the Chatham-Blairs Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District (to combine with GPIN # 2402-11-4064). Mr. Martin was not present to represent the petition. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:15 p.m. A motion was made by Mr. Welborn, seconded by Mr. Arthur, to recommend the Board of Supervisors rezone this property from A-1, Agricultural District to R-1, Residential Suburban Subdivision District. Motion passed unanimous. Case 5, James and Angela Chalmers, R-10-045. Mr. Motley opened the public hearing at 7:16 p.m. Mr. Shelton, Director of Code Compliance, reported that James and Angela Chalmers had petitioned to rezone 23.03 acres, located off State Road 1431/Neighborhood Road, in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for future subdivision of property for family members). Mr. Chalmers was present to represent the petition. Charles Hubbard and Thomas Lanier came forward and stated they did not understand the petition. Mr. Shelton explained that Mr. and Mrs. Chalmers were only allowed one dwelling on R-1 and would like to rezone to allow more dwellings for family members. Mr. Hubbard and Mr. Lanier stated they were not opposed to the petition. Mr. Chalmers offered a rebuttal and stated he was not aware of the zoning when he purchased the property. Mr. Motley closed the public hearing at 7:27 p.m. During the discussion it was stated the applicant was very clear in his intent and there was no opposition. A motion was made by Mr. Ingram, seconded by Mr. Welborn, 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, Bird, LLC, R-10-046. Mr. Motley opened the public hearing at 7:28 p.m. Mr. Shelton, Director of Code Compliance, reported that Bird, LLC, had petitioned to rezone a portion of a 46.54 acre parcel of land (0.063 acre), located on State Road 605/Marion Road, in the Callands-Gretna Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District (to combine with GPIN # 2404-19-3298). Ramsey Yeatts was present to Planning Commission Page 3 October 5, 2010 represent the petition. He stated he had nothing to add. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:30 p.m. A motion was made by Ms. Mease, seconded by Mr. Ingram, to recommend the Board of Supervisors rezone this property from A-1, Agricultural District to R-1, Residential Suburban Subdivision District.. Motion passed unanimous. This concludes the Rezoning Cases. Case S-1, Patricia Barclift, S-10-010. Mr. Motley opened the public hearing at 7:30 p.m. Mr. Shelton, Director of Code Compliance, reported that Patricia Barclift had petitioned for a Special Use Permit on 0.58 acre, located on State Road 1021/Long Short Road, in the Banister Election District (for non-emergency medical transport). Patricia Barclift was present to represent the petition and explained the application. She stated she had been in business since 1998. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:35 p.m. During the discussion it was stated the applicant had been doing this since 1998. The Health Department was also familiar with this company. A motion was made by Mr. Ingram, seconded by Ms. Mease, to recommend the Board of Zoning Appeals grant this Special Use Request. Motion passed unanimous. This concludes the Special Use Case. Case V-1, Phillip Barnett, V-10-001. Mr. Motley opened the public hearing at 7:36 p.m. Mr. Shelton, Director of Code Compliance, reported that Phillip Barnett had petitioned for a Variance on 5.16 acres, located on State Road 1081/Meadowridge Court, in the Callands-Gretna Election District to Section 35-231, Maximum Number of Units Allowed, of the Pittsylvania County Zoning Ordinance (for placement of a second dwelling, a single-wide mobile home, to be used for the care of the elderly parents). Julie Barnett was present to represent the petition and explained the application. She stated the parents had been cared for by a brother and he was now deceased and they wanted to move the parents onto their property to assist in their care. She further stated the mobile home would be removed when the parents no longer resided in the home. There was no opposition to the petition. Mr. Motley closed the public hearing at 7:39 p.m. During the discussion it was stated the Barnett’s should be commended for doing this and several mobile homes were in the immediate area. A motion was made by Ms. Mease, seconded by Mr. Weatherford, to recommend the Board of Zoning Appeals grant this Variance Request. Motion passed unanimous. This concludes the Variance Case. OLD BUSINESS Mr. Shelton and Mr. Sides stated they had no old business. Mr. Sleeper came forward and stated the Board of Supervisors had not passed the non emergency medical transport and the Internet Sweepstakes Café. These had been returned to the Planning Commission for definitions. He also stated there may be some changes to the subdivision ordinance regarding the family exemption. NEW BUSINESS There was no new business. The meeting was adjourned at approximately 7:42 p.m. _______________________ Richard Motley, Chairman _________________________ Hannah Orgain, Clerk