Board of Supervisors - Special Meeting

Good evening. Let's call the meeting to order. Um, folks, do you have a roll call? I do. Miss Warren, present. Mr. Fox here. Mr. Katic here. Mr. Stone here. Mr. Yaman here. Mr. Brunfield here. Mr. Shelton here. Thank you. Like to welcome everyone to our May 11th meeting. Um be before we have a moment of silence and pledge allegiance. We have a new uh director of planning, senior director of planning. Senior planner.

Senior planner. Uh Mrs. Kelly Smith. And you will be uh permanently filling in for Mr. Arnold for a period of time. Is that correct? That's correct. As of May 1st, I'm also the subdivision agent and the zoning administrator. So, I will be filling that role.

Thank you so much. Thank you. Let's all rise for a moment of silence. I alian flag of the stands one nation under God indivisible with liberty and justice for all. Be seated. You've had time to review your packet. Um, is there any updates or added to the agenda? If not, I would like to hear a motion to approve the agenda.

So, move. Mr. Yaman moved. Do I have a second? OD second. All in favor, please vote on your screen. You also should have had time to look at your minutes from the previous Mine didn't come up. Anna, mine didn't come up. Yes or no? Yes,

Mr. Shelton. Mine didn't come up either. I got it. Thank you. Mine has not come up either. Yours didn't come up.

So, yes or no? Yes. Thank you. We'll try it again next time. Okay. You should have had time to approve the minutes from our previous meetings. If that is all correct, I would entertain a motion. Mr. Chair, I make a motion to approve the minutes as submitted. Mr. Fox made a motion. Do I have a second? Second. Second. Miss Warren. Second. Uh, any discussions? If not, please vote.

We came up first. Give me just a second, gentlemen. There we go. Just now I pushed on approval of a minutes number six and then I got it.

Need the repair machine. It's not coming up. Chris, while we're waiting on our system, do you mind if I move on through the old new business and get ready for our cases? We record the vote, right? Miss Smith, I know that you first meeting. Did do you have any old old in um old business? I do not. Thank you. Um, any new business other than our cases tonight? I do not have any. Do you know if we will have meetings in our we next month? Mr. Yangman. Yes. I don't have anything on my screen.

Yes, we do have I know we do have at least one um special use permit. Um so yes, there will be.

Thank you. I appreciate that. Motion carries on the minutes. And so we'll move on to our first case. First case tonight is S26-011. Antonio and Casey Sodto have petitioned for a special use permit on 3.13 acres located on US Highway 29 in the Kalum's Gretina election district to allow for a manufactured home. On April 7th, 2026, the planning commission recommended by a 6 to zero vote with no opposition that the petitioner's request be granted. The planning commission's recommendation and the staff summary are inclused in the board packet and the petitioners are here to represent the petition if you have any questions.

Thank you, Miss Smith. Um before we hear the case like to read our precepts. Pursuant to article 5 division 7 of the Pennsylvania county zoning ordinance, we the board of zoning appeals have been empowered to hear and decide specific applications and appeals in support of said ordinance. In accomplishing this important task, we are charged with promoting the health, safety, and general welfare of the citizens of Pennsylvania county. We must ensure that all our decisions and recommendations be directed to these goals and that each be consistent with the environment, the comprehens comprehensive plan, and in the best interest of Pennsylvania county, its citizens, and its prosperity. Anyone here to speak to the board other than the applicant regarding zoning cases will be limited to three minutes. The time is 6:07. Miss Smith has read the case. So, um, Mr. Ms. Sto, would you like to come down and speak?

Good evening. Uh we're asking for this because uh modular homes are a little out of our price range. Um we're currently renting a house and we would like a place of our own to start a family and my family has owned that land for many years now, over 60 years. So we would like to continue and put a house on there. Thank you. Anything else? No, Miss you. you all. That is a beautiful piece of land and it uh is right there and very visible. Um so we may have does anyone have any questions for the applicant at this moment?

We may have more questions for you in a second. Um as we go through the hearing. Okay. Thank you. Thank you. Is there anyone here to speak in opposition or in support? No, sir. Thank you. Time is The time is 6:08. Like to close the public hearing for our first case. Does the board have any comments or questions? I would recommend positive motion.

Okay. Mr. Yaman has recommended a positive motion and so I will read a special use permit for whereas Mrs. Mr. Mr. and Mrs. Sto has petitioned the board of zoning appeals for a special use permit for a mobile home and whereas we find no substantial detriment to the adjacent property that the character of the zoning district will not be changed thereby and that such will such use will be in the harmony with the purpose and intent of the ordinance and whereas there are no significant adverse effects upon adjacent property that cannot be mitigated through condition. I move the special use permit be granted per Mr. Yamman. Do I have a second?

A second. Mr. Kratic has second. Is there any discussion?

If there's no discussion, I will say there's a beautiful piece of property. As I look at it and this time of year, it's even better, I think. Um, so let's please vote. I'll go ahead and take it verbally if you don't mind, Mr. Yang. Yes or no? Yes. Yes.

The motion carries. Mr. Motto, y'all have a beautiful piece of land. I hope that it's everything that you want and we appreciate you coming. Thank you. The time is 610. Mrs. Smith, you read our second case.

Case S26-012. Williams Mullen on behalf of Verizon as special power of attorney for Louise Mley, James T. Mley, Joseph A. Mley, and Robin Mley have petitioned for a special use permit on 158.21 21 acres located on state road 685 chalk level road in the ken's Gretina election district to allow for a wireless telecommunications facility on April 7th 2026 the planning commission recommended by a six to zero vote with no opposition that the petitioner's request be granted the planning commission's recommendation and staff summary are enclosed in the board packet. Please note that the petitioner has requested that should you um uh approve the special use permit that they be allowed um a extension of the standard 18-month implementation requirement of the SUP to a two-year um time frame which is consistent with Virginia State Code. Um Brian W. Prader with Williams Mullen on behalf of Verizon is here to represent the petition.

Mr. Mr. Would you like to come down and speak on your client's behalf?

Thank you, Mr. Chairman, members of the BCA. I have a quick presentation if you want to hear some more details about the proposal. I know you all are familiar with telecommunications towers. Happy to give you the location and some basic facts or I'm here to answer questions.

I can be delighted to hear a few of your comments. Absolutely. So this is the property here off of Chalk Level Road and the star is roughly the approximate area of where the telecommunications tower is proposed. Proposed tower is 199 ft tall. It's 195 monopole with the 4ft lightning rod. A total height just under 200 feet. That does not require any lighting by FAA standards. So there will be no lighting. It's within a fenced area. Um, it will have one proposed Verizon wireless antenna with three additional collo colllocation opportunities. And as I mentioned, no lights and there's an existing farm road.

Um, and oh yeah, this doesn't work on the screens, but you can see to plan right there is a square that is the compound of the monopole that will be accessed by the farm road. It is over 400 feet set back from chalk level right of way and over 350 feet from the closest residence. And then this gives you a little bit of context on the um the actual compound itself which would be 100 by 100 square foot facility fenced in secure fencing. The towers are designed in a manner which if in the unlikely event that there is any inclement weather that should make them structurally weak, they buckle and fall on top of themselves, which is called the fall zone, which means the tower in the unlikely event it would ever come down can only fall within the compound itself and will not impact any adjacent properties. And this is the proposed mono mon monopole that you see here. And that was it. I said I would try to be quick. So I'm happy to answer any questions you may have. Thank you. Any any questions from the members?

I do have a question. Do you have any type of data that would be useful in saying what the benefit to the local population would be as far as the service area or or how this will affect people that are around the around the uh pole? So the poll will incre increase coverage and Verizon Wireless has identified a deficit in this area and that's why they've chose this location and what that'll do is improve 4G, 5G um text and voice in the immediate areas which will help your 911 first responders, GPS citizens, any businesses, a lot of businesses need to take credit cards to accept payment and sometimes those systems tired to w tied to wireless and don't always function as quickly as a business needs them to operate. So, those are some of the benefits that you'll get as well as there will be some um property tax associated with putting a facility like this on the ground there.

Thank you. Any other questions from the forward? We may have some more questions for you in a minute as we move forward. Thank you. Mrs. Folks, is there anyone signed up to speak on in opposition or forward? No, sir. The time is 6:15. We'll close a public hearing on our second case. Chairman, we always ask would like to speak. Just typically, we've always asked if any would like to speak even they haven't signed up.

Thank you. Is there anyone here that would like to speak on behalf of this proposal or in opposition? Close the public hearing. 616 in the board.

Miss Shelton has called for a positive motion. I'll read a positive motion. Whereas Mr. Ms. Mley and Verizon have asked has petitioned the board of zoning appeals for a special use permit for the establishment of a cell tower. And whereas we find no substantial detriment to the adjacent property, that the character of the zoning district will not be changed thereby, and that such will be in the harmony with the purpose and intent of the ordinance. And whereas there are no significant adverse effects upon adjacent property, it cannot be mitigated through conditions. I move the special use permit be granted. That is Mr. Shelton. Do I have a second?

Second. Mr. Haymon is second. Is there any discussion? Do do we want to go ahead and add the condition that was requested about the 24 months that was recommended by staff? It's a a good point. Uh Miss Smith, is that added in the in the request or is that something we need to add in tonight? Um I think for clarity it would be helpful if you could add it in tonight, but it it is um in the staff summary. I can read that if you'd like. Okay. Mr. You were looking for the

right just a positive motion with the staff recommended condition that the special use permit shall expire in 24 months if no commencement of use structure activity takes place. We're going to extend it for additional 6 months. Yes, Mr. Yaman, modify your motion. Mr. I shelter. Does that satisfy the Yes.

Mr. Crater, is that going to work for your client? Okay. Any other discussion? If not, call for a vote. Motion carries. Thank you for coming. The time is 6:18. Mrs. Smith, you read our third case.

Yes. S26-013 Williams Mullen on behalf of Verizon as special power of attorney for Norman Kent Owen has petitioned for a special use permit on 94.09 09 acres located on Climax Road in the Kalen's Gretina election district to allow for a wireless telecommunication facility. On April 7th, 2026, the planning commission recommended by a six to zero vote with opposition that the petitioner's request be granted. The planning commission's recommendation and the staff summary are enclosed in the board packet. Again with as in the CI the previous the um petitioners have requested a condition to allow for up to 24 months for the commencement of the construction that is consistent with Virginia State Code. Um Brian W. Prader with Williams Mullen on behalf of Verizon is here to represent this petition as well.

Mr. Crater, would you like to come down and discuss your motion your petition? Excuse me.

Yes. Thank you, Mr. chairman and members of the BCA, I can flip through very quickly again on this presentation. It's the exact same except a different site. This one is off of Climax Road and has a slightly larger 500 ft setback from the right of way and again 199 with that inclusive of the 4ft lightning rod. One proposed with three additional collocation facilities, no lights required. And this is showing you the compound. It's over 390 feet from the closest residence, just under 500 feet from the uh Climax Road right ofway. And again, the similar concept for how the compound is set up. And I'm happy to answer any questions you all may have on the application. We gladly accept your favorable vote tonight.

Any questions from the board members? I do have a a a question in the in the from the planning commission. There was some opposition. Um were you able to speak with members of the opposition to uh settle any concerns or we discussed in the hearing that evening at the planning commission. We have not had any subsequent conversations with those individuals. Okay. All right. Well, we may have some questions for you in a second. Thank you, Mr. Greater. Mrs. Folks, is there anyone here to speak? No, sir.

Uh, is there anyone in the audience that would like to speak in for or against this application? All right, we'll close the public hearing 6:21. Any comments from the board? I'd like to make a motion that we approve this case as uh with with the staff recommendation uh that the special use permit shall expire in 24 months if no commencement or activity takes place. Um Mrs. Mr. Crater, is your client comfortable with the added condition?

Yes. I'll read a positive motion. Whereas um Mr. Owen and Verizon and their attorney has petitioned the board of zoning appeals for a special use permit for a cell tower and whereas we find no substantial detriment to the adjacent property that the character of the zoning district will not be changed thereby and that such use will be in the harmony with the purpose and intent of the ordinance and whereas there are no significant adverse effects upon adjacent property that cannot be mitigated through condition. I move the special use permit be granted. Mr. Kratic has moved to be granted. Do I have a second?

Second. Mr. Shelton has a second. Is there any other discussion on the application? If not, we'll call for a vote. Motion carries. Mr. Crater, I hope that uh your client and land owners will get their benefit and the community will also benefit. Thank you.

The time is 6:23. We like to open our fourth case of the evening, Mrs. Smith. Case S26-014. Dakota Tim on behalf of Cascade, Virginia, USA Holdings has petitioned for a special use permit on 17.28 acres located on US Highway 58 Martinsville Highway in the Tunl Election District to allow for a public garage. Um, on May 5th, 2026, the planning commission recommended five to zero vote with no opposition that the petitioner's request be granted with the following conditions. Number one, there will be no automotive or equipment repairs performed on the property. Number two, the garage will be used for storage only. The planning commission's recommendation and the staff summary are enclosed in the board packet. And I do want to just expand on um this a little bit. Um staff's recommendation includes um some standard um conditions for this type of use. Um those are number one repair activities shall be contained within an enclosed structure and number two inoperable vehicles shall comply with chapter 9-20 and 9-21 of the Pennsylvania county code and must be stored in an area screened in accordance with Pennsylvania County Code section 35-121. Um, and the garage itself, um, is not going to be used by tenants within the mobile home park. Um, and so that's why it would still, um, need a special use permit. It's not just storage within the the park itself.

Yeah, I did have a question for that. if there's not going to be work performed and it's just storage kind of I was just questioning why special use permit was needed and I guess you're trying to answer that is that more than just the owner will be using the storage building. Correct. They'll be renting out that building as an additional use within the mobile home park. So it it won't be people it won't be residents of the mobile home park or the property owner themselves using that facility. Okay. Thank you for that clarification. And Dakota Tim is here to answer any questions and represent the petition. Mr. Tam, would you like to come down front, speak on your behalf?

Thank you for the time. Um, so we would I think I have a a deck somewhere here to show a little bit more of what's going on, but um, essentially, uh, yeah, we we had we had a garage and, um, recognized that there was a need in the community to hold cars there. And so we went ahead and um looked into looked into it, realized we need a special per use permit, and you know, here we are. Uh you know, just hoping we can get that. Okay. Anything else? Any questions for the applicant from the board?

Are you okay with the conditions that Miss Smith read? So, I just want to make sure I understand this garage will be a roof, sides, and doors. Yeah. Okay. Yes. I There's photos of it.

Yes. I couldn't hear you. Sorry. It's existing.

Yes, it's existing. It was just sitting there really. that condition was in the originals I in the staff report prior to that recommendation by the planning commission. Um certainly it I I agree that it doesn't the repair activities being contained in an enclosed structure is potentially unnecessary since there's only going to be that um the use of the building itself. So I would be comfortable with removing that first condition. I do think however the inoperable vehicles should stay in um even though they're not going to be h park parking any vehicles outside that garage. Um I think that's still consistent with what has been done in the past.

Correct. Correct. I agree. So let me clarification. Mr. Shelton, you are asking that uh that we retire um inoperable vehicles shall comply with the with the code and they must be stored in the screened in area. You are recommending we take out that point too. Is that what you're saying?

Yeah. Screen I agree. Agree. Correct. Mrs. Smith, um, yes,

Mr. Shelton is talking about removing the requirement for the screening if there are cars parked. Do you have a way of wording that that that um strike through number two? Does that leave the case that inoperable vehicles would be stored outside? Of course, if this was a normal homeowner resident, then they would be able to store whatever vehicle they could. But, uh, how do you word that? You just use strike number two. Is that what we want to do?

I think it's fine to strike it. What I'd recommend is that you replace it that it will be developed in um substantial conformance to the site plan. Keep in mind the SV for entire property, right? Referring to the garage, unless you tie it to the site plan, there's nothing actually specifying what's being developed. Does that make sense? So, I think if you tie it to a site plan, which makes clear it's this building that is a garage and how it's going to be used, you'll be fine. Does that make sense? Yeah. If you replace number two with that it will be um the project will be developed in substantial conformance with the site there's a site development plan I believe I've seen you submitted sir the site development plan

y um and has it shows where the garage is and the access to it think you had that condition and that makes sense it makes clear that's a what where the garage is what it'll be used for you don't really need any screening because there won't be any there's no outdoor space. Gotcha. All right. So, we're striking two as it is. Um, who who had carried that motion? Uh, Mr. Katic, you made a motion. Mr. You made the motion. Original motion. Mr. Ch.

Excuse me one second. Let me back up. Let me back up. We haven't made a motion yet. Um, Mr. Tim, did you have anything else to speak on this? I don't. We may have a question for you in a second. Um, be seated. Miss Folks, is anyone else here to speak? No, sir. Okay. Uh, is there anybody here that would like to speak on behalf? Thank you. Um, do we have a we anybody here have any questions at this point? Do I hear a motion?

That's going to be a positive motion. The two conditions recommended by the planning commission. Correct. And the third condition that the site will develop substantial conformance with the site plan. Is that the motion? Mr. Shelton, can you please speak into your mic so the folks at home that might be Yeah, maybe y'all can hear me. I can't hear anything. So, let me re review the motion again. You tell me the motion so I know what he's saying. I can't hear the attorney. He's got such a mild voice. I'm sorry. Let me read that. Read that again, please.

Yeah. So, the motion will be the two conditions recommended by staff, not by staff, but the planning commission, excuse me. And a third condition that the um the site be developed in substantial conformance with the site plan, the site development plan. Is is that the motion? Yeah. Okay. Make that my make that my motion. So we are removing item two and adding that it would go along with the site plan.

We don't have to remove anything because one and two were recommend. There were two sets of two conditions, right? One by staff, one by planning commission. The motion adopts just the conditions recommended by planning commission. So we don't have to worry about the staff conditions because they're not part of the motion. And the motion adds a third condition that'll be developed substantial conformance with the site development plan. So otherwise I'm making a motion to agree with the planning commission. All right. And add that third condition. Mr. Chairman, would you close the hearing?

So the time is 6:33. Um, Mr. Tim, are you okay with what we just discussed as far as

that the site would be developed in substantial conformance with the submitted site plan? So, Is it possible? Is it possible to put on the on the screen? Yes. What the what the motion is is basically to prevent development plan.

So everyone knows this is on page 89. page 89 the PDF um not 89 90 excuse me there's a site development plan um and it shows the location of the garage has pictures of the inside the garage and the access route to the garage so everyone knows what what's being used where and how

Mr. Tim, the the uh all of that was to prevent you from having to put a screening around your garage. So, that's what was was being discussed in there. So, I have a had a motion from Mr. Shelton. Do I have a second? Second from Mr. Fox.

Any other discussion? If not, please vote. motion carries. Mr. Tim, I hope that uh that your place is as beneficial as I think it will be to your residents and appreciate you being here tonight. Thank you. Miss

Smith, is there anything else you'd like to add? There is not. The time is 6:36. The meeting is adjourned.