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01/04/2011 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING January 4, 2011 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, January 4, 2011, in the General District Courtroom, Chatham, Virginia. Mr. Shelton, Director of Code Compliance, called the meeting to order at approximately 7:00 p.m. Mr. Motley gave the invocation. Mr. Shelton called the roll. PRESENT Morris Stowe Tunstall District Richard Motley Chatham-Blairs District Janet Mease Callands-Gretna District Dr. Charles H. Miller, Jr. Banister District Curtis Arthur Staunton River District David Weatherford Westover District Coy Harville Board of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator ABSENT Larry Welborn Dan River District Greg Sides Director of Planning APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN FOR THE YEAR 2011 – Upon motion of Ms. Mease, seconded by Mr. Motley, and by unanimous vote Mr. Stowe was elected Chairman for the year 2011. By motion of Mr. Weatherford, seconded by Mr. Arthur and by unanimous vote Mr. Motley was elected Vice Chairman for the year 2011. HEARING OF THE CITIZENS No citizens came forward to speak. APPROVAL OF THE MINUTES A motion was made by Mr. Motley, seconded by Mr. Arthur, and by a unanimous vote the December 7, 2010, minutes were approved as presented. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Stowe TO OPEN THE PUBLIC HEARING at approximately 7:05 p.m. Case 1, Phillip W. Hutson & Susan H. Hutson, R-11-001. Mr. Stowe opened the public hearing at 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported that Phillip and Susan Hutson had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 99.35 acres (0.27 acre), located on State Road 865/Hutson Road, to A-1, Agricultural District (to make the zoning consistent with the remaining 99.08 acres). Mr. Hutson was not present to represent the petition; however, Mr. Shelton stated that he would answer any questions from the Board members. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:10 p.m. A motion was made by Mr. Motley, Planning Commission January 4, 2011 Page 2 seconded by Mr. Harville, to recommend the Board of Supervisors rezone this portion of property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion carried by unanimous vote. Case 2, John S. Lemons, Et Als, Brenda Lemons Seay, Et Als & Robert Seay, Et Als, R-11-002. Mr. Stowe opened the public hearing at 7:11 p.m. Mr. Shelton, Director of Code Compliance, reported that John Lemons, Brenda Seay and Robert Seay had petitioned to rezone 1.55 acres, located on State Road 902/Sharon Lane, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for placement of a single-wide mobile home for the brother’s residence). John Lemons was present to represent the petition. He stated that he had nothing to add and that he just wanted a place to live near his mother. Jackie Mize, Bettie Collins and Jeffrey Collins spoke in opposition to the petition. Some of their concerns were but were not limited to the value of their homes and properties being devalued due to the placement of a single-wide mobile home; if one person was allowed to rezone to A-1 to place a single-wide mobile home, then others would possibly do the same; there were also concerns regarding the sewage, septic and well. Mr. Lemons offered a rebuttal and stated that all he wanted to do was to have a home near his mother’s home so he and his sister could care for their mother. Mr. Stowe closed the public hearing at 7:19 p.m. During the discussion, it was stated that there are no mobile homes in the area, that the area is a nice community and that this would be a case of spot zoning. A motion was made by Mr. Harville, seconded by Ms. Mease, to recommend the Board of Supervisors deny this rezoning request. Motion passed unanimous. Case 3, Samuel Tarpley Adams, Jr., Trustee, R-11-003. Mr. Stowe opened the public hearing at 7:21 p.m. Mr. Shelton, Director of Code Compliance, reported that Samuel Tarpley Adams, Jr., Trustee, had petitioned to rezone a portion of 89.26 acres (3.284 acres), located on State Road 1044/Beechnut Road, in the Tunstall Election District from A-1, Agricultural District to M-2, Industrial District, Heavy Industry (for a salvage yard). Robert Adams was present to represent the petition. He stated that he wanted to buy junked motorcycles and ATVs and sell the parts over the internet. He also stated that nothing would be stored outside but would be inside a building. He also stated that he understood that if the rezoning was granted, he would need to apply for a Special Use Permit. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:23 p.m. A motion was made by Dr. Miller, seconded by Mr. Harville, to recommend the Board of Supervisors rezone this portion of property from A-1, Agricultural District to M-2, Industrial District, Heavy Industry. Motion passed unanimous. This concludes the Rezoning cases. Case S-1, Dwayne L. Johnson & Angela T. Johnson, S-11-001. Mr. Stowe opened the public hearing at 7:24 p.m. Mr. Shelton, Director of Code Compliance, reported that Dwayne and Angela Johnson had petitioned for a Special Use Permit on 64.00 acres, located off State Road 713/Birch Creek Road, in the Dan River Election District (for a recreational facility/public facility, namely a haunted trail). Zachary Turner was present to represent the petition. He stated several issues regarding the case and stated that no alcohol would be allowed on the premises and the event would be held only during the month of October. John Gourley spoke in opposition to the petition. He stated that his property adjoins the gravel driveway that is being constructed to the facility site and his concerns were regarding the easement and public safety of this driveway. Mr. Stowe closed the public hearing at 7:43 p.m. During the discussion, issues relating to the easement were discussed; additionally, it was suggested that possibly the applicants could obtain a Special Event Permit each year for this event without getting a Special Use Permit. A motion was made by Mr. Motley, seconded by Mr. Harville, that this case be continued until next month’s meeting. Motion passed unanimous. Case S-2, Kenneth George Garrison, Jr., & Kimberly D. Garrison, S-11-002. Mr. Stowe opened the public hearing at 7:44 p.m. Mr. Shelton, Director of Code Compliance, reported that Kenneth and Kimberly Garrison had petitioned for a Special Use permit on 0.70 acre, located on State Road 755/Mercury Road, in the Staunton River Election District (for placement of a single-wide mobile home for their personal residence). Kenneth Garrison was present to represent the petition. He stated that he had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:46 p.m. During the discussion, it was stated that there are other mobile homes in the area. A motion was made by Mr. Arthur, seconded by Mr. Harville, to recommend the Board of Zoning Appeals grant this Special Use Permit request. Motion passed unanimous. Planning Commission January 4, 2011 Page 3 This concludes the Special Use Cases. OLD BUSINESS There was no old business. NEW BUSINESS Mr. Shelton gave a brief update on the Internet Sweepstakes Cafés and stated that this was tabled at the Board of Supervisors meeting held on December 21, 2010. The meeting was adjourned at approximately 7:49 p.m. __________________________ Morris Stowe, Chairman ____________________________ Kathy H. Belton, Clerk