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06/07/2011 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING June 7, 2011 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, June 7, 2011, 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 David Weatherford Westover District Larry Welborn Dan River District Coy Harville Board of Supervisors Representative Odie H. Shelton, Jr. Director of Code Compliance/Zoning Administrator Greg Sides Director of Planning ABSENT 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. Motley, seconded by Mr. Harville, and by a unanimous vote the May 3, 2011, minutes were approved as presented. CHAIRMAN’S REPORT There was no Chairman’s Report. ACCESSORY BUILDING DISCUSSION – TO ADD A-1 TO SEC. 35-74 Mr. Shelton made a recommendation to the Planning Commission that the proposed amendment to the Pittsylvania County Zoning Ordinance, Chapter 35-Zoning, SEC. 35-40. PRINCIPAL DEFINITIONS OF Planning Commission June 7, 2011 Page 2 THE ZONING ORDINANCE. Accessory Building – to delete the following: An accessory building shall not dominate a principal building in area, extent or purpose., be sent back to the Board of Supervisors as previously submitted without the option. Upon motion of Mr. Motley, seconded by Mr. Arthur, and by a unanimous vote, it was recommended that the Board of Supervisors approve this change without the added option to the Pittsylvania County Zoning Ordinance. THE ZONING PRECEPTS WERE READ by Mr. Stowe TO OPEN THE PUBLIC HEARING at approximately 7:05 p.m. Case 1, Timothy W. Dudley & Sandra B. Dudley, R-11-021. Mr. Stowe opened the public hearing at 7:07 p.m. Mr. Shelton, Director of Code Compliance, reported that Timothy and Sandra Dudley had petitioned to rezone 0.85 acre, located on State Road 633/Clover Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to RMF, Residential Multi-Family District for construction of a two (2) unit apartment building. Timothy and Sandra Dudley were present to represent the petition. They stated they had nothing to add. Curtis Johnson spoke in opposition to the petition. Some of his concerns included, but were not limited to, two (2) wells are located on the petitioned property and one is located at his front door, and the proposed apartment building would be located in front of his home. Mr. Dudley offered a rebuttal and stated only one of the wells on the property would be used and the other one would be abandoned. He also stated pine trees would serve as a barrier between the building and Mr. Johnson’s home. A letter of opposition to the petition was also presented to the Board members from Eddie and Cynthia Sherwood for their review. Mr. Stowe closed the public hearing at 7:14 p.m. During the discussion, it was stated there are no other duplexes in the area close to the Johnson home, and the nearest property zoned RMF is about two (2) miles away. It was also stated this is spot zoning, and the lot, which is zoned R-1, can be used for a single-family dwelling. A motion was made by Mr. Arthur, seconded by Mr. Harville, to recommend the Board of Supervisors deny this rezoning request. Motion passed unanimously. Case 2, Eric C. & Elizabeth R. Snead, R-11-022. Mr. Stowe opened the public hearing at 7:19 p.m. Mr. Shelton, Director of Code Compliance, reported that Eric and Elizabeth Snead had petitioned to rezone 6.047 acres (per plat), located on State Road 730/Countryside Drive, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to make the zoning consistent with the adjacent properties zoned A-1. Elizabeth Snead was present to represent the petition. She stated she had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:20 p.m. A motion was made by Mr. Welborn, 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 unanimously. Case 3, John E. & Nancy B. Snead, R-11-023. Mr. Stowe opened the public hearing at 7:21 p.m. Mr. Shelton, Director of Code Compliance, reported that John and Nancy Snead had petitioned to rezone 4.216 acres (per plat), located on State Road 730/Countryside Drive, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to make the zoning consistent with the adjacent properties zoned A-1. John Snead 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 7:22 p.m. A motion was made by Mr. Welborn, seconded by Mr. Harville, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimously. Planning Commission June 7, 2011 Page 3 Case 4, Amanda Pernell Cox, R-11-024. Mr. Stowe opened the public hearing at 7:23 p.m. Mr. Shelton, Director of Code Compliance, reported that Amanda Cox had petitioned to rezone 6.62 acres, located off Highway 41/Franklin Turnpike, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for sale of the property and to allow for placement of two (2) single-wide mobile homes following sale of the property. Amanda Cox was present to represent the petition. She stated she had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:24 p.m. A motion was made by Mr. Motley, seconded by Mr. Weatherford, to recommend the Board of Supervisors rezone this property from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Motion passed unanimously. Case 5, Edward Lee McMillon & Brenda F. McMillon, R-11-025. Mr. Stowe opened the public hearing at 7:25 p.m. Mr. Shelton, Director of Code Compliance, reported that Edward and Brenda McMillon had petitioned to rezone a total of 3.68 acres, two parcels, located on State Road 855/Cascade Mill Road, in the Tunstall Election District from RC-1, Residential Combined Subdivision District to A-1, Agricultural District to allow for an addition of 50 x 32 (1,600 square feet) to the existing 2,400 square foot garage. Edward and Brenda McMillon 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 7:28 p.m. During the discussion, it was stated this is spot zoning, and this zoning is not consistent with the surrounding area. A motion was made by Mr. Motley, seconded by Mr. Harville, to recommend the Board of Supervisors deny this rezoning request. Motion passed unanimously. Case 6, JAD Builders, Inc., & Linda T. Marshall, R-11-026. Mr. Stowe opened the public hearing at 7:30 p.m. Mr. Shelton, Director of Code Compliance, reported that JAD Builders, Inc., and Linda T. Marshall had petitioned to rezone the A-1, Agricultural District portion of 9.25 acres to R-1, Residential Suburban Subdivision District to make the zoning consistent with the remaining 3.88 acres zoned R-1. Mr. Shelton also reported the A-1 portion is approximately 5.37 acres, located on State Road 853/Inman Road, in the Tunstall Election District. Donna Pruitt was present to represent the petition. She stated she had nothing to add. There was no opposition to the petition. Mr. Stowe closed the public hearing at 7:31 p.m. During the discussion, it was stated this rezoning would make both portions of the parcel consistent. A motion was made by Mr. Motley, seconded by Mr. Harville, to recommend the Board of Supervisors rezone the A-1, Agricultural District portion of this property to R-1, Residential Suburban Subdivision District. Motion passed unanimously. Case 7, Danville-Pittsylvania Regional Industrial Facility Authority, R-11-027. Mr. Stowe opened the public hearing at 7:32 p.m. Mr. Shelton, Director of Code Compliance, reported that Danville-Pittsylvania Regional Industrial Facility Authority had petitioned to rezone a total of 3,528.65 acres, twelve (12) parcels, located on State Road 863/Berry Hill Road, State Road 621/Ed Hardy Road, State Road 862/Oak Hill Road, State Road 875/Horseshoe Road and State Road 880/Stateline Bridge Road in the Tunstall and Westover Election Districts to M-2, Industrial District, Heavy Industry for large economic development projects permitted in a heavy industrial district. William D. Sleeper, County Administrator, was present to represent the petition. Greg Sides, Director of Planning/Assistant County Administrator, then presented a quick overview of the mega site. Carolyn Gibson, George Stanhope and Karen Maute spoke in opposition to the petition. Some of their concerns included, but were not limited to, opposition to the wide range of industries this rezoning would provide, such as milling, landfills, and mining for uranium; a desire to let the zoning district remain M-1, as this would provide more flexibility in recruiting businesses, and a desire to have restrictions placed on milling and mining uranium. Mr. Sleeper offered a rebuttal and stated RIFA has voted for covenants to forbid uranium Planning Commission June 7, 2011 Page 4 mining and milling at the mega site. He also stated requirements must be met to be certified so the properties can be put on the market for large industry, and in order to be marketable, the site must be certified and zoned M-2. He also stated the deadline is at the end of December, 2011. Mr. Stowe closed the public hearing at 7:52 p.m. During the discussion, it was stated no opposition to the rezoning had been received, everyone was excited about the mega site and the site needs to be ready when companies come. A motion was made by Mr. Weatherford, seconded by Mr. Motley, to recommend the Board of Supervisors rezone the properties from A-1, Agricultural District, R-1, Residential Suburban Subdivision District and M-1, Industrial District, Light Industry to M-2, Industrial District, Heavy Industry. Motion passed unanimously. This concludes the Rezoning cases. Case S-1, Mark R. Pickrel, S-11-007 - Mr. Stowe opened the public hearing at 7:56 p.m. Mr. Shelton, Director of Code Compliance, reported that Mark Pickrel had petitioned for a Special Use Permit on 2.09 acres, located on State Road 662/Dodson Road, in the Dan River Election District for meat processing – not a slaughter house. Mark Pickrel 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 7:57 p.m. A motion was made by Mr. Welborn, seconded by Mr. Harville, to recommend the Board of Zoning Appeals grant this Special Use Permit. Motion passed unanimously. Case S-2, James I. Mitchell, Sr., & Gale H. Mitchell, S-11-008 – Mr. Stowe opened the public hearing at 7:58 p.m. Mr. Shelton, Director of Code Compliance, reported that James and Gale Mitchell had petitioned for a Special Use Permit on 0.86 acre, located on State Road 640/Wards Road, in the Staunton River Election District for non-emergency medical transport. James Mitchell 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 7:59 p.m. A motion was made by Mr. Arthur, seconded by Mr. Harville, to recommend the Board of Zoning Appeals grant this Special Use Permit. Motion passed unanimously. This concludes the Special Use Cases. Case V-1, Martha Harville Clark, Et Als, James Edward Harville, Et Als, Coy Emmett Harville, Et Als, Madeline Harville Morris, Et Als, & Earl Ricky Harville, Et Als, V-11-002 – Mr. Stowe opened the public hearing at 8:00 p.m. Mr. Shelton, Director of Code Compliance, reported that Martha Harville Clark and Others had petitioned for a Variance on 1.27 acre, more or less, located on State Road 750/Mount Cross Road, in the Westover Election District to Section 35-222, Permitted Uses, of the Pittsylvania County Zoning Ordinance for placement of a single-wide mobile home to be used for the care of their elderly mother. James Edward Harville was present to represent the petition. He stated he had nothing to add. Kathy Hilton, Andrew Hilton, Howard Smart, Peggy Harville and Stephanie Pearson spoke in opposition to the petition. Some of their concerns included, but were not limited to, a mobile home depreciating the value of their homes and the community, and there are no other mobile homes in the area. Mr. Harville offered a rebuttal and stated the new home would be well kept, and in the event of his death, it would be removed from the premises. He also stated two of the neighbors have single-wide mobile homes on their properties, and he is not starting a mobile home park. Mr. Stowe closed the public hearing at 8:12 p.m. During the discussion, it was stated this is a temporary situation and this is for a good cause. A motion was made by Mr. Weatherford, seconded by Mr. Motley, to recommend the Board of Zoning Appeals grant this Variance request. Motion passed by a 5 to 1 vote. Those voting for the motion were Mr. Weatherford, Ms. Mease, Mr. Motley, Mr. Stowe, and Mr. Arthur. Mr. Welborn voted against the motion, and Mr. Harville abstained from voting. Planning Commission June 7, 2011 Page 5 This concludes the Variance case. OLD BUSINESS There was no old business. NEW BUSINESS Greg Sides, Director of Planning, introduced J. Vaden Hunt, County Attorney, to the Board members, and Mr. Shelton, Director of Code Compliance, praised Mr. Hunt for the assistance he has provided. The meeting was adjourned at approximately 8.16 p.m. ____________________________ Morris Stowe, Chairman ____________________________ Kathy H. Belton, Clerk