Planning Commission - Regular Meeting

It's 7 o'clock. Welcome to the Pennsylvania County Planning Commission regular meeting Tuesday, August 4th, 2026. Please call the roll.

Mr. Oaks.

Here.

Mr. Dalton. Ms. Meeks. Here. Mr. Webb. Here. Ms. Henderson. Here. Mr. Shelton. Mr. Bartz. Here. Mr. Ferris.

Here.

If you would, everyone join me in a moment of silence followed by the Pledge of Allegiance.

Item number five on the agenda.

Hearing of the citizens, each person addressing the board under hearing of the citizens shall be a resident or land owner of the county or a registered agent of such land owner. Each person shall step up, give his or her name, and district in an audible tone of voice for the record, and unless further time is granted by the chairman, shall limit his or her address to three minutes. No person shall be permitted to address the board more than once during the hearing of the citizens. All remarks shall be addressed to the board as a body and not to any individual member thereof. Hearing of the citizens shall last for a maximum of 45 minutes. Any individual that is signed up to speak during said session who does not get the opportunity to do so because of the aforementioned time limit shall be given speaking priority at the next board meeting. After chairman's approval, no person shall be able to speak who has not signed up. Has anyone signed up?

No, sir.

Is there anyone who would like to address the commission on an item that is not listed on the agenda? Seeing none, we'll move to item number six, approval of the agenda. Do I have a motion for the approval of the agenda?

Mr. Chairman, I make a motion that we approve the agenda.

I have a first. Do I have a second?

I'll second.

Thank you, Mr. Barks. Are there any other questions, comments, or motions? Please cast your vote. The agenda is approved 6-0. Moving on to item number seven, approval of the minutes. Mr. Oaks.

Mr. Chairman, I got one correction. On Mrs. James' event center, in her hardship case, she maintained a 140-year-old ancestral forest with exceptional environmental features. And in the past, this was cut-over land, and I made the comment this was cut-over land, and it was clean cut. And if there was any 140-year-old trees around, I missed them. And I think she got here about 120 years too soon. But since she put it in the paper, I want to make it clear that this was cut-over land at times. And it's no 140-year-old trees on the property.

Okay. I mean, whether or not, I guess if she stated it, it's not an item to be amended in the minutes, other than the fact that you said it was cut over. Was that omitted in the minutes?

It just said it was clear and it was 40-year-old trees instead of 140-year-old trees that she was claiming.

Right. Well, I'm going to stand as far as correcting what you said, but if she said it, I don't think we can correct the record.

Okay. All right. Well, I'll make a motion that we approve in minutes with this one correction. From your comments? From my comments.

Okay. We have a first. Is there a second?

I second.

Are there any other questions, concerns, comments? Motions? Please start with the one correction. Moving to the chairman's report. As I stated the last couple of months, if you haven't done so, please visit the county website and fill out the survey for the comprehensive plan update for 2046. It's important. It's never too late to do it until we've actually approved it and put it in place. So if you get an opportunity, please do that. We'll move to item number nine, public hearing. Pursuant to Article 5, Division 7 of the Pennsylvania County Zoning Ordinance, we, the Planning Commission, have been empowered to hear and decide specific applications in support of said ordinance and to make recommendations to the Board of Supervisors or the Board of Zoning Appeals. In accomplishing this important task, we are charged with the promoting of 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 comprehensive plan, and in the best interest of Pennsylvania County, its citizens, and its posterity. Anyone here to speak to the board regarding zoning cases will be limited to three minutes. It is now 7.07. Case R-26-029 is now open. Ms. Smith.

Thank you. Harvey West Jones and Jerry Haymore request rezoning from R1 to A1 for property located on Gap Road in the Callens-Gretna Election District to allow agricultural uses. Contingent upon approval to rezoning to A1, they intend to apply for a special use permit to have an antique store on the property. Staff recommends approval as submitted, and the application packet and staff summary are included in your agenda packet.

Is either Mr. Jones or Mr. Hamill here? Would you like anything you need to add? No, sir. It's not that I need to add, just that we want to be more residential. Does any of my fellow commissioners have any questions? Thank you. Has anyone signed up to speak to this case?

No, sir.

It is now 7.08. Public hearing for case R-26-029 is now closed. Ms. Meese.

Mr. Chairman, I've had no opposition. I'm glad to see business on Route 40 West. I appreciate your coming to our community. So therefore, in case R-26-029, I'll make a recommendation that we honor this request.

The chair has a first, is there a second?

I'll second.

Thank you for the second. Are there any other motions, questions, or comments? Seeing none, please cast your vote. Case passes six to zero. It is now 7.09. Public hearing for case R-26-030 is now open. Ms. Smith.

Yes. Teresa Dickerson-Gaither requests a rezoning from R1 to A1 for property located on Cross Stitch Road, State Road 703 in the Tunstall Election District to allow agricultural uses. The application and the staff summary are included in your agenda packet. Staff recommends approval as submitted.

Is Miss Dickerson Gaither here? Is there anything you'd like to add to what she's submitted? Are there any questions for her from our fellow commissioners? Thank you. Has anyone signed to speak to this case?

No, sir.

It is now 7-10. Public hearing for case R-26-030 is now closed. Mr. Oaks.

Mr. Chairman, in case R-26-030, I recommend that we change the zoning from R-1 to A-1.

The chair has a first. Is there a second?

Second.

Thank you, Mr. Barks. Are there any other motions, questions, comments, concerns? Seeing none, please cast your vote. Motion passes 6-0. It is now 7-11. Case R-26-031 is now open. Ms. Smith.

Larry Burnett is requesting a rezoning from R-1 to A-1 for property located on Milton Highway, State Road 62 in the Dan River Election District to allow agricultural uses. Condemned upon approval to rezone to A1, the applicant intends to apply for a special use permit for an RV park, which is a public campground. Staff recommends approval as submitted. The application and the staff summary are included in your agenda packet, and Mr. Burnett is here to represent the petition.

Mr. Burnett, is there anything you need to add to what you've submitted?

No, everything seems signed up. If y'all got any questions for me, I'm here to answer.

Well, the rezoning issue, I have no questions. I might want to get down to the special use permit, but does anyone else have any questions for me? Thank you. Has anyone signed up to speak to this case?

No, sir. It is now 7-12.

Case... The hearing for case R-26-031 is now closed. Mr. Barks.

Mr. Chairman, with case R-26-031, I would recommend rezoning R-1 to the A-1 for Mr. Burnett.

Chair has his first. Is there a second? I'll second. Thank you, Ms. Henderson. Are there any other motions, questions, comments, or concerns? Seeing none, please cast your vote. Motion passes 601 abstention is now 7 13 case are dash two six zero three two is now open.

Miss Smith bitty swank and shaping Watkins request a rezoning from R one to a one for property located on Old Richmond Road 360 in the Dan River election district to allow agricultural uses. The application and staff summary are included in your agenda packet, and staff recommends approval as submitted.

Is Ms. Wank or Watkins here?

Anything you need to add?

Does anyone have any questions for her?

Thank you.

Is anyone signed to speak to this case?

No, sir. It is now 7-13.

Public hearing for case R-26-032 is now closed. Mr. Barks?

Mr. Chairman, in case R-26-032, I would recommend rezoning from R-1 to A-1.

Chair has a first. Is there a second?

I'll second.

Thank you, Mr. Oaks. Any other motions, questions, comments, concerns? Seeing none, please cast your vote. Motion passes seven to zero. It's now 7-14. Public hearing for case R-26-033 is now open. Ms. Smith.

James Hicks and Carissa Hicks request a rezoning from R-1 to A-1 for property located on U.S. Highway 29 in the Stanton River Election District to allow for agricultural uses. The application packet and staff summary are included in your board agenda packet, and staff recommends approval as submitted.

Are the Hickses here? Anything you need to add to what you've submitted? Does any of my fellow commissioners have any questions for them? Thank you. Has anyone signed up to speak to this case?

No, sir.

It is now 7-15. The public hearing for case R-26-033 is now closed. Mr. Ferris.

Mr. Chairman, case R-26-033, I recommend approval as submitted.

We have a first, is there a second?

Second.

Thank you. Are there any other motions, questions, comments, or concerns? Seeing none, please cast your vote. Motion passes 7-0. It's now 7-15. Public hearing for case R-26-034 is now open. Ms. Smith.

Angela Shelton requests the rezoning from double zoned R1 and A1 to A1 for property located on East Breton Road, State Road 40, in the Stanton River Election District to allow agricultural uses. Approval as submitted.

Ms. Shelton. Anything you'd like to add to what's in your packet? Anyone have any questions for Ms. Shelton? Thank you. Is anyone signed to speak to this case? No, sir. It's now 7-16. Public hearing for case R-26-034 is now closed. Mr. Ferris?

Mr. Chairman, in case R-26-034, I recommend approval as submitted.

Chair has a first. Is there a second?

I second.

Thank you, Mr. Barks. Any other motions, questions, or comments, concerns? Seeing none, please cast your vote. Motion passes 7-0. Excuse me. It's now 717. Public hearing for case R-26-035 is now open. Ms. Smith.

Sarah and James Thompson request a rezoning from R-1 to B-1 for property located on Carter Drive in the Westover Election District to allow for commercial use. Since the agenda was published, the Thompsons have submitted a proffer statement. They are requesting to add a proffer that would limit the permitted uses within the B1 zoning district for this property to the following. Accessory uses, adult daycare centers, apartments in the same building with businesses, which is upstairs apartments, retail bakery, barber and beauty shops, caterers, conservation areas, public and private, craft shops, garages, private for the storage of personal vehicles, private gardens, home or apartment combinations in the same building with business, home occupations class A and class B, libraries, mansions, church-owned dwelling units, non-emergency medical transport, offices and professional offices, off-street parking, parks, playgrounds, security man's house, and signs.

Okay. That pretty much covers the concerns I had initially.

And the Thompsons are here to answer any additional questions.

Anything you'd like to add? Does anyone have any questions? Thank you. I appreciate you all offering up the proffers. Anyone signed up to speak to this case?

No, sir.

It's now 7-19, the public hearing for case R-26-035 is now closed. I normally don't make my own motions, but in this case, as it relates to case R-26-035, I make a motion that we approve the rezoning from R-1 to B-1 with the proffers that were offered and stated earlier. Is there a second? I'll second. Thank you, Mr. Oaks. Any other motions, questions, or comments, concerns? Seeing none, please cast your vote. Motion carries seven to zero. It's now 7-20. Public hearing for case S-26-022 is now open. Ms. Smith.

Final Structures LLC, on behalf of Five Stars LLC, is requesting a special use permit for outdoor display in accordance with Section 35-366 of the Pennsylvania County Zoning Ordinance for property located on West Gretna Road in the Callens-Gretna Election District. Staff recommends approval with the conditions outlined in the staff summary. And the application and staff summary are in your agenda packet.

Is there anyone here? Anything you need to add to what you've submitted? Any questions? Thank you. Anyone signed up to speak to this case?

Roy Parker.

My name is Roy Parker. I come to represent the Living Trust Fund for the Parker Estate. We were concerned about the request for a special permit because we've been adjoining landowners for 48 years with the property presently being zoned as commercial. There have been many businesses gone and have come and wouldn't have been no problems whatsoever over the years. We need some clarifications as to what this special permit is all about, because joining the property on the west side and on the east side are two residential properties being resided by elderly people with medical conditions. That's our concern, not that we won't hold back any progress at all because we've been there 48 years and we've had good joining landowners, but we will need some clarification. We would need some understanding what this permit would be all about other than the storage buildings and Well, I ask each of you, how would you like to walk out your front door and you see a storage building in front of you? Because that's what it amounts to. We're concerned about the light functioning, the noise functioning with these two elderly residents that are there. The joining property is on the west side and on the east side of the requested permit. And so, therefore, we'll at a point that we need some more clarification as to what this is all about, because it's zoned already as commercial, and does the permit allow it to be just this company? What about when it's changed hands? Is the owner of this property asking for permit, or is it the leasee asking for permit? We just would like some clarification. Thank you very much. Anyone else?

No, sir.

Would you like to address any of his concerns, sir?

Please state your name. My name is Andy Kruth, and I'm here to represent True Point Backyard Buildings and Vinyl Structures. So our intention FOR REQUESTING THE SPECIAL USE PERMIT WAS TO ALLOW FOR THE PLACEMENT OF SEVERAL STORAGE BUILDINGS ON THE PROPERTY, WHICH IS NOT CURRENTLY ALLOWED WITH THE ZONING AS IT SITS. SO, CONNECTED WITH THE OFFICE. PLEASE SPEAK UP A LITTLE BIT.

I'M SORRY, YEAH, WE WERE...

IF I LEAN IN, IT WORKS, YEAH. WE'RE REQUESTING THE SPECIAL USE PERMIT BECAUSE AS A... IT'S CURRENTLY ZONED BUSINESS, BUT DOES NOT ALLOW THE SPECIFIC USE CASE THAT WE WERE LOOKING FOR. SO, IN CONNECTING WITH THE COUNTY, WE'VE UNDERSTOOD IT REQUIRES THIS, YOU KNOW, THIS FORUM IN ORDER TO DISCUSS AND GET IT APPROVED. Our business is pretty subtle. Yes, we will put storage buildings on the property. You guys should have a map in your packet that shows kind of the arrangement. But those buildings would be well within the confines of the property, and there's tree lines on any of the sides that are residential. The exposed sides are both the main roads, one that is a side street between us and that gas station, and one is the main road across from the other gas station. I don't necessarily believe that somebody would walk out their door and see these. You would have to be in transit somewhere or going to one of these other businesses to see our product on display. Um, we are typically lower volume. We see two to three clients per day on a good day. So it's not like we have a lot of people coming and going. It's pretty subtle. We do have some trucks delivering buildings, but that's, you know, a little bit more in the beginning. And then as it goes out, you have maybe one or two deliveries within a week. And those are all during normal business hours. And we would operate, you know, five days a week, eight hour days, most in line with normal business hours, but we do flex them based on what the opportunity is, whether we open early Saturday or we stay open late Saturday, that kind of depends on our success in the market. So as for interrupting the area around us, I don't perceive a lot of like lighting changes or noise or anything really of that nature in the traffic that we would generate. I would love it to be a lot, but typically it's two to three customers a day is what we would see. Will the property be lighted at night? Any lights would be attached to the building and we're not planning on any large upgrades for lighting. So there may be like a couple of motion lights around the building for security purposes, but we're not intending to light up the parking lot now. Okay.

Does anyone have any questions?

So you are surrounded by other businesses?

Yes, ma'am, that serve a similar clientele, two gas stations, and then across the highway there's some other businesses as well.

I know the lot well.

Yeah.

And it would be well lit?

Well, we're not going to add a bunch of lighting to the parking lot, but we'll be sure that there's light for a car that would come in at night or something by chance that they can see around and be able to traverse the parking lot safely. but we do not intend to put up large lampposts or anything like that.

So the way these storage buildings work, they have a code that they come to their own individual storage unit?

These are actually for retail sale. So you drive by and see sheds on the side of the road for sale. That's the sort of business it is. And all of ours are made right here in Chatham. So it's local business, and we're trying to hire local and all that fun stuff as well. But They're not for like customers to store things and come to us. They purchase the building and we deliver it to their property. So it's their property after that.

And you're open again from Monday through Friday.

It will be eight, five hour days, but we are sorry, five, eight hour days. But we do typically vary that a little. We will always be closed on Sundays and we usually work a partial day on Saturday and four full days during the week.

That's all I have.

All right. And one of the requirements is no assembly on site. Excuse me?

No assembly of the storage sheds on site. We don't assemble there. No, sir. They're built there in Chatham and brought up to us there. Okay.

Anyone else? Thank you.

Okay.

Thank you. Anyone else sign up? No, sir. It's now 727. Public hearing for case S-26-022 is now closed.

Ms. Meech.

Mr. Chairman, I don't see any reason why we should not approve it. There are all businesses, other businesses around him that these people probably have lived there for many years, and apparently those businesses do not affect them. So in case S-26-022, I make a recommendation that we recommend to the Board of Supervisors that the special use permit be approved.

You mean Board of Zoning Appeals?

Excuse me, Board of Zoning. Excuse me, yes.

No problem. All right, the chair has her first. Is there a second?

I'll second.

Thank you, Ms. Henderson.

Mr. Chairman, I'm sorry, can I clarify, Ms. Meese, that your motion included the conditions recommended by staff? Thank you.

Thank you. Ms. Henderson, you second with the conditions in?

Yes, I second with conditions.

Are there any other motions, questions, comments, or concerns? Seeing none, please cast your vote. Motion passes seven to zero. is now seven 29 public hearing for case S dash two six dash zero two three is now open.

Miss Smith rock solid hardscapes LLC requests a special use permit for an expansion of special use permit S dash 20 dash zero zero one in accordance with Pennsylvania County zoning ordinance section 35 dash seven one four for property located on Huntington trail in the Tunstall election district. The application packet and the staff summary are included in your board packet. The staff recommends approval with conditions outlined in the staff summary. And I know that Mr. Lewis with Rock Solid Hardscapes and his attorney are here to present the petition. Mr. Lewis.

Good evening, commissioners. My name is Cabell Barrow. I am here with Burt Lewis on behalf of Rock Solid Hardscapes in support of this request for an expansion of the special use permit previously granted in 2020. We've prepared some materials tonight to just give everyone kind of an overview of the project as it is currently operating. And this is indeed a recreational vehicle campsite, campground, currently approved for 36 campsites. The application tonight contemplates two different phases of expansion, the first being an expansion allowing for 60 additional campsites and then Room for future expansion if needed, which is not currently planned, up to 132, I believe, additional campsites. And again, the current plan is to add on 60 with some additional leeway or wiggle room should we need it in the future. tonight was necessitated. We did a review of Mrs. Smith's departmental interpretation of the existing special use permit before the BZA. And it was interpreted to that initial special use permit was ultimately interpreted to include only the 36 that were included in the initial site plan. So we're seeking currently an expansion for 60 spots with up to an additional 130 after that. 136, excuse me, just for room to grow in the future and to avoid any delay should that plan come to fruition. We have reviewed the staff recommendation, and I just want to bring one thing to Mrs. Smith's attention that I think is deserving of note. In condition number six, internal roads shall be constructed to support Two-way traffic and emergency vehicle access. The site plan has been very intentionally designed and compliance with VDOT has since, even since our application for the expansion tonight, seen compliance with additional VDOT measures for expansion of the entrance and expansion of the entrance roadways. But however, once you get into the RV park itself. The roads are laid out, and you may be able to see this. I don't know if our... Okay, let's see. And this is a nice view from the roadway. But if you look here on this site plan that we recently submitted, The roads are designed in a circular pattern, so once you get into the internal portion of the project, the roads are designed so that on each individual roadway you pull in straight and then you back your camper in directly. There is sufficient road width for two vehicles to pass, but the roads are not designed for two-way traffic. You pull in and then you pull out a different way. It's not a cul-de-sac or anything like that. There is two-way traffic capability, but the roads themselves are not designed for two-way traffic. And all of that will be made abundantly clear if this expansion permit is granted with adequate signage to direct everyone throughout the park. Aside from that, the applicant is in agreement with the other conditions, many of which are already underway or have been complied with to date. And we'll take any questions as well.

Okay. Uh, just one quick one from the, uh, Ms. Smith, uh, his addressing number six. Does that address your concern?

Yeah, I don't see any issues with that. My only concern would be maybe if, um, public safety has any concerns when they do the review, the site development plan, as far as emergency access, but I don't have any issues with taking out that two way traffic requirement that any public safety concerns would be addressed in the site development plan requirement.

Thank you. Absolutely. And I think that that would probably be encompassed in one of the other conditions. And the applicant is, you know, fully willing to work with Mrs. Smith's department and her consultants in, you know, fleshing all of that out as the needs arise. Okay.

Anyone else have any questions?

I've got a comment. I visited over there twice. I was very impressed with what you were doing. The roads are wide enough. It was very clean. He's got a place for the children to have a playground. He's got swings and sawhorses, and it's a nice area. He's working on a building, bathrooms in it, showers. washing dryer, and it was no trash around. He had a big sign up front stating all the rules and regulations. And he's got it going on. And I was very impressed with it.

OK. Mr. Chairman, I'd like to say I appreciate you expanding because of all the growth that's coming. in the future for Danville and Pennsylvania County, we're going to need somewhere for someone to stay. So I appreciate you investing to making us grow.

Anyone else? Thank you. Is anyone signed up to speak to this case?

Yes, sir. Dillard Jones.

I'm Dillard Jones. I live on 3461 Oak Hill Road, which is approximately two and a quarter miles from the RV park. I pass it daily, and everything I have seen on the park has been positive. I drove through it. I don't see any trash, as was mentioned. I do not see any vehicles that are inoperable on this site. It seems like a well-run company, It looks like, from my opinion, he's doing a great job in running this. It's always very clean. I've never seen anything that would be detrimental to good business. Thank you so much.

Thank you.

Anyone else?

Yes, sir. Larry Estes.

Young lady, I like your comments.

Thank you.

I've known most of them. for 50 years. He never cuts in the corners of what he does. He's doing a wonderful thing. I own a campground, just a small campground over in the Brosville community. The pipeline has got property leased behind the Brosville Sun over there. I rode over there the other morning. And if it was one truck in that lot, it was 500. And everybody is wanting to be around Brosville because they get up, go to the safety meeting every morning at 6.30, and then disperse out to Chatham or wherever they're working. And if we get this expansion like we're hoping to, we're going to see more dollars coming into the Pennsylvania County groceries, gas, convenience store business, the little restaurants that we have there. It's all encouraging. And I really thank Bert for doing this. Even though I'm small, hey, I get calls every day. We need a camp spot. We need a camp spot. And I'm sure his phone's ringing off of the hook too. Thank you.

Thank you. Anyone else?

Yes, sir. Mr. Chairman, I'd just like to add a comment to what he just said. Several years ago, the pipeline people came through my area, my community, Sandy Level near the lake. And what I heard was there were 500 people that needed somewhere for lodging. And the nearest motels were Gretna and Franklin County, Rocky Mountain. And they were charging them like $150, $200 a night. So those men were desperate for somewhere to stay. And so I had some rental property, and I rented it to them. You couldn't ask for better people. I guess it's just the pipeline people, transport people that you're a little hesitant to rent from them. But they loved the campground. So I'm all for this.

Mr. Chairman, it appears there is an individual that did not sign up that would like to speak.

OK. Please come forward and state your name and district.

My name is Patty. I actually live at the property that's beside the campground. And I will say, it is clean. And he does a wonderful job. I haven't had any problems with any of the campers that are in that location. It is my concern not the roads that actually go into the campground. It's Huntington Trail itself as far as the width and the maintenance of that road. It is not wide enough for two vehicles to pass. Even if it's a truck like one of the newer models with the mirrors sticking way out, that becomes a problem. When you're passing a vehicle that has a camper on the back, it's even larger. And so the traffic that would pass It's not wide enough to sustain that. That road was not built to sustain that heavy traffic of flow. Also, the water is a concern for the community within the neighbors itself. I know a lot of people, we rely on well water on that. I don't know how many wells are around that location. I don't know if he has his own well to sustain all those campers. But I know that a couple other people on that road have already They have no well water. It's been drained. I don't know if that actually has anything to do with his property, but that is a concern of the rest of the citizens that live on that street. I was against the very beginning of this. I understand I'm not one to reject growth because growth is good. It helps build a community. I don't want 136 sites in my backyard. I hear all the noise. I hear everything that's going on out there. It's like if they're talking in their backyard and there are trees to separate us from them, it's like they're directly in my backyard talking to me. It's extremely loud when they do that. And it's not like they're doing it intentionally. It just travels. I just know, and it's statistically proven, the more population you have, the more room there is for problems, the more room there is for disturbances. And I just don't care to have that in my backyard. I appreciate the growth he's done already and the fact that it's clean and it's well taken care of. And I haven't had any issues with any people that are there per se. And I know it does need to grow. but not 136 sites. I just think that's too many in a small community area. I appreciate your time. Thank you so much.

Thank you. Is there anyone else who did not sign up who would like to speak to this case? Come forward, sir, and state your name and district.

My name is Will Sawyers. I live on 620 Huntington Trail, about one mile from the RV park. The road is in bad shape, but it didn't happen with RVs. It happened when they were clear-cutting the mountains for the Megapark. The big log trucks, they damaged the road. You know, I just listen to what goes on. I just want to make sure that we're talking apples to apples. The road was damaged before they ever started that. And the campers are not coming and going, passing one another. So, you know, they pull in, they set up, and they're there. But in the noise, there's noise from... mountain run road when they have a party over there and I'm two miles from that and I can hear it like there in the yard but I've never heard anything from the RV park I just just wanted to clear up some stuff I'd been listening to all the meetings and they're doing a good job but the road is in rough shape because but it happened before he started doing anything there it was it was log trucks every day now it's uh big trucks hauling equipment in for the pipeline, but just wanted to say that.

Thank you, sir. Is there anyone else who would like to speak to this case? Seeing no one. It is now 745. The public hearing for case S-26-023 is now closed. Mr. Oaks.

Mr. Chairman, in case S-26-023, I recommend that we expand the special use permit in accordance with conditions by staff.

With the amended condition number six?

Yes, sir.

OK. We have a first. Is there a second?

I'll second.

Thank you, Ms. Henderson. Are there any other motions, questions, comments, or concerns? Seeing none, please cast your vote. Motion carries seven to zero. is now 746. Public hearing for case S-26-024 is now open. Ms. Smith.

Lee Ducat on behalf of Harmony Towers and as a designated agent for Patricia Osborne is requesting a special use permit for a public utility telecommunications tower in accordance with section 35-223 of the Pennsylvania County Zoning Ordinance for property located on Kerr Lane in the Westover Election District. Staff recommends approval with conditions as outlined in the staff summary. And the staff summary and the application are included in your board packet. And Lee Ducat is here today. All right.

Anything to add to what's been submitted, Chairman? Any questions? Is anyone signed up to speak to this case?

No, sir.

Is there anyone here who would like to speak to this case? Seeing no one, it's now 7.48. Public hearing for case S-26-024 is now closed. I will make a motion that we recommend the special use permit to the Board of Zoning Appeals with staff conditions. Do I have a second?

Second.

Thank you. Are there any other motions, comments, concerns, questions? Seeing none, please cast your vote. Motion carries 7-0. It's now 7-48. Public hearing for case S-26-025 is now open. Ms. Smith.

Eric and Desiree Schaefer, on behalf of Mountain Road Rentals LLC and as designated agent for Evangel Assembly of God, is requesting a special use permit for a community center in accordance with Pennsylvania County Zoning Ordinance 35-223 for property located on Cedar Road in the Dan River Election District. The application packet and staff summary are included in your agenda and staff recommends approval with conditions as outlined in the staff summary.

Are the Schaffers here? Anything you'd like to add to what you've submitted? Yes, ma'am. Pull the mic down and state your name for the record.

My name is Desiree Schaefer. I just wanted to give a little bit more explanation. I'm the president of the Danville Symphony Orchestra, and I'm also a playing musician with the organization. We are getting ready to start our 35th season. And anyways, we're a nonprofit group made up mostly of volunteers, and we give free concerts to the community. So our challenge right now, as many arts organizations face challenges, is that our rent has doubled. And if we stay in the same location, next year it will triple from the original rate. And we're not going to be able to afford that on our budget. So we've been looking for a place to rent. Haven't had much luck. So my husband and I thought we might look for something to purchase and then rent it to the orchestra. So we found this lovely little church in Ringgold that would just suit our needs perfectly. Has plenty of room for rehearsal space and storage space. Nice big parking lot. But currently it's zoned R1. We would not be making any changes to the property, the exterior or the surrounding area. We have about 45 to 50 musicians that come for rehearsal. We rehearse once a week usually, and we are done by 9.30. We play beautiful classical and pops music, and it's not amplified, so it's not projected out. So I think compared to the church that was there previously, they had 300 musicians. people that attended each week, and two services, and they probably had amplification for their praise team, I would imagine, but I feel like we would be good neighbors to the surrounding houses. So the reason I wanted to explain, though, that we are asking for special use for a community center, although the main purpose is going to be for music rehearsals, we would like to invite the community in to sit in on rehearsals, maybe have recitals or small chamber group performances, educational programs for the kids, possibly even rent out the facilities to the community for parties or reunions or things like that as well. Just a possibility. So I feel like we're a unique organization with unique needs. The church is a unique space, and it just is a really good fit for us. So I just hope that you all would consider recommending us for a special use for a community center.

Does anyone have any questions for him? Thank you. Is anyone signed to speak to this case?

No, sir.

Is there anyone here who would like to speak to this case? Seeing none, it is now 7.52. Public hearing for case S-26-025 is now closed. Mr. Barks?

Mr. Chairman, in case S-26, hold on, let me get the right one, case S-26-025, I would recommend that we do the special permit under the accordance of the Pittsburgh County Code.

With conditions by staff?

Yes, sir.

All right, we have a first, is there a second? Second. I'll second it. Thank you, Mr. Oaks. Are there any motions, questions, comments, or concerns? Seeing none, please cast your vote. Motion carries 7-0. It's now 7-53. Case V-26-006 is now open. Ms. Smith.

Five Stars LLC is requesting a variance of 30 feet from the required rear setback, resulting in a 20-foot rear setback for property located on U.S. Highway 29 in the Callens-Gretna Election District. The application packet and the staff summary are included in your agenda packet. And a representative from Five Stars LLC is here if you have any questions or if they want to make any presentations.

Would you like to step forward?

State your name. Okay.

Anything you'd like to add to what was in the packet? No, sir. All right. The only thing I would mention, and it's not necessarily against you, but it's for anyone in the county, don't start a project until you check to make sure you're cleared with any of the variances or codes you need updated. I understand you're working very well with staff right now on another project, and I applaud you for that. But again, starting the project before The approval was the cart before the horse, so to speak.

I absolutely learned it the hard way, but I appreciate you guys being accommodating for that.

And I agree. Your variance, I'll be voting to approve it. You've got no space. Based on your lot size, you've got no space. You've got to do what you've got to do. So if there's nothing, anyone else have any questions? Thank you, sir. Thank you. Does anyone sign up to speak to this case?

No, sir.

Is there anyone here who would like to speak to this case? Seeing none, 755, public hearing for case V-26-006 is now closed. Ms. Meese.

Mr. Chairman, in case V-26-006, I make a recommendation to the BCA that the five stars LCC variants of 30 feet from the required rear setback in accordance with our Pennsylvania County Code, be honored.

We have a first. Is there a second?

Second.

Thank you, Mr. Ferris. Are there any other motions, questions, comments, or concerns? Seeing none, please cast your vote. Motion carries 7-0. That concludes our current monthly cases. We will now move to item number 10 with the public hearing for Pennsylvania County Code Chapter 35 Zoning Ordinance Amendments. Ms. Smith, 756.

Thank you. As a reminder, this is a proposed amendment to the zoning ordinance to bring the zoning ordinance into compliance with multiple pieces of legislation that were passed during this past General Assembly. What is before you, you've seen multiple times now, with one exception. At the June work session, Supervisor Bowman requested that the residential plan development zoning district, um, include in some language to protect against, um, property developers and property owners not understanding the potential for development within that community. Um, and so there is now a proposed requirement to add deed restrictions to be submitted with any rezoning application to the residential plan development, um, zoning district, that deed restriction submittal does not say that they can't do manufactured homes or they can't do site-built homes or that they can't have some combination. It just requires a little more thought by the developer into what the overall development character of that neighborhood is going to be.

All right. We've all had an opportunity to read the code sections that were sent out. Does anyone have any questions? or comments about this particular section? Has anyone signed up to speak to this?

No, sir.

Public hearing for Pennsylvania County Chapter 35 Zoning Ordinance Amendments. Public hearing is now closed. I think we need to make a motion to approve the redlined addition.

It would be a motion to recommend approval to the Board of Supervisors, but yes.

All right. I will make said motion that we recommend the red line addition we've received with the addition for Mr. Bowman included to the Board of Supervisors for approval. Is there a second?

I'll second.

Thank you, Ms. Meese. Are there any other motions, comments, concerns, or questions? Seeing none, please cast your vote. Motion passes seven to zero. is now seven 59 public hearing for Pennsylvania County comprehensive plan amendment, utility scale, solar facility, chapter eight land use and growth management, uh, right up is now open. Ms. Smith.

This, um, is a companion item to the zoning ordinance amendment, um, to, to be in compliance with state legislation. This would add a section to Chapter 8, the land use and growth management chapter of the Pennsylvania County Comprehensive Plan. The added section is utility scale solar facility siting policies, and it is because we can't have that in the zoning ordinance anymore, and there's still a desire to have some guidelines for any future solar facilities. Okay.

Anyone have any questions for Ms. Smith? Has anyone signed up to speak to this case?

No, sir.

All right. It's now 8 o'clock, public hearing for Pennsylvania County Comprehensive Plan Amendment Utility Scale Solar Facility Chapter 8, Land Use and Growth Management. It's now closed. I will make a motion that we recommend approval of the changes to this code to the Board of Supervisors. Is there a second? Second.

Second.

Thank you. Any other motions, questions, or comments? Seeing none, please cast your vote. Motion passes 7-0. It's now 8-0-1. The public hearing to reopen case S dash two six dash zero two zero is now open.

Miss Smith, George Ingram on behalf of pine lane, eight TV trails is requesting a special use permit to operate a public recreational facility consisting of ATV trails, primitive camping and temporary event uses in accordance with Pennsylvania County code section 35 dash one 79. and 35-366. Mr. Ingram.

Anything you'd like to add? Anyone have any questions for Mr. Ingram? Thank you. Can we have the first person sign up for this case?

Yes, sir. Mr. Luis A. Abreu is here to represent a group of residents in the area.

Good evening. I appreciate the opportunity to speak on behalf of a group of concerned citizens.

Can you hear me?

No. Adjust the mic so we can. Is this better? Better. Thank you. Good evening again. Thank you for the opportunity to speak on behalf of many, many, many concerned citizens. I think right before We started, we also delivered two petitions that were circulated in the community voicing objection to the grant of the special use permit. Is it still not?

Yeah.

Just try not to turn your head a whole lot. Okay. I'll try and look straighter ahead and project. There are many, many, many reasons for the objection to this project. On Friday, I submitted a letter where I attempted to address many, many of the concerns that are being shared. The concerns vary from trespassing, shooting, alcohol use, illegal intoxicants use, and trampling of property. I think you have previously heard that Locks have been cut for people to go onto adjoining properties. I think that you've heard from before that one of the adjoining owners, landowners, testified that when he spoke with Mr. Ingram, and I think there's two, not sure which one it was that he spoke with, the response to the trespassing and the violations of clearly applicable and existing rules was, I can't control what happens outside of my property. Well, the issue is he can't control what's happening inside his property either. I think that y'all are aware that two prior cease and desist letters were sent by the commission concerning the operation of this business. The first was in February of 2023. The second was in December of 2025. There's also been a criminal prosecution begun because after the second cease and desist order, the business continued, or the ATVs continued running and creating problems, and criminal prosecution had to begin before an application was submitted to ATVs. change or get the special use permit. I think it's very guiding or informative or something that you need to keep in mind in making your decisions and making your recommendations. is what's the track story or the history of this? It's been noncompliance. It's been ignoring the laws. It's been ignoring the processes established to promote peace, development, prosperity in Pennsylvania County. It's to promote compliance with the nose, excuse me, noise ordinance, which is being violated on a daily basis out there when this operation is going on. I think under the noise ordinance, Pennsylvania County has pledged to do everything it's possible that it can in order to promote peace, promote quiet, promote stability in our areas. This has been a violation. I have submitted to you all some graphs and pictures that illustrate what has been happening and the noise levels. I think that under the noise ordinance, it's recommended that 57 decibels is what's recommended during the day, and at night it reduces to 55 or 52. One ATV, according to the information I've provided to you and have researched, will run at about approximately 88 decibels. Multiply that by the numbers that are projected to be here. I don't have a statistic for you as to how many ATV vehicles operate at any given time, but there are many. many witnesses here or folks that I'm representing and are appearing before you today to please ask for your help, first and foremost, in enforcing what the law is, enforcing what the ordinances are, because they have been, from our position, intentionally and repeatedly violated. And it's only been as a result of a criminal violation that's been prosecuted and has been postponed until we see what happens through this process, we don't know what the result is going to be. But if it's permitted, the possibility of future violations is clear, given the past history. I think earlier I heard somebody say, before you start the project, you need to get approvals. Well, that is important. In looking at the staff reports, many, many, many issues are raised, whether it's VDOT compliance, whether it's environmental concerns, whether it's emergency vehicles and emergency access being done, whether it's simply inspecting Vehicles coming in to see if there are compliance. This is at the door. I think that it's been testified to before or spoken before that oftentimes there's only a lockbox at this place, and if you put in 20 bucks or whatever the amount is, you go in. There's nobody to monitor, no one to inspect, no one to determine if proper safety equipment is being used. And we're talking about a very pleasurable experience, riding an ATV through the countryside. No one objects to that. But when you're doing it as a business, when you're seeking to market it and you're seeking to bring many, many, many people onto your property and not control them, not supervise them, not monitor them, and doing harm and damage to the neighbors, is not appropriate. We submit that in the application that's been submitted, the Planning Commission has made many, many, many good recommendations, but there are no proffers to go along and actually implement them. There are no, what is it, There's only a conceptual drawing that's been submitted to the commission and will be submitted to the board, but there's no actual site plan where they will actually lay out what they're going to do. And until you see that, again, starting a project without seeing if you're in compliance, You don't know, but you will, if you give the special use permit, you will be giving a property right, and then all sorts of litigation or ambiguity can result if you don't do it correctly to begin with. If you don't do it with a bona fide and good faith belief that the applicant is going to comply with their obligations and be a good neighbor, We've heard other presentations where people are getting permission and they're being good neighbors, that they're complying before they seek the special use permit. That is not happening here. build it and they will come. Well, they might come, but they're not going to have the regulations in place. For example, there's been a lot of talk about reorienting the trails so they get further away from the boundaries. Well, there's no specific proffer. I think I submitted earlier today where the Red Oak Business was permitted many, many years ago. There's a 300-foot buffer zone that was required as a condition of that permit being granted, but there's no proffer relating to that. There's no proffer as to what buffering that's going to be put, whether it's going to be gates, whether it's going to be fences, whether it's going to be vegetation. It's just more of a promise, you know, I'll do right, but without any specificity. And without specificity, whether in our legislation, whether in a special use permit, there's too many problems that can arise, and we need to see that specificity First, not later. As far as the noise issues, again, we submitted materials to y'all. Thirty seconds remaining? Boy, ten minutes goes fast, doesn't it? I've addressed the majority of the issues. I'll be glad to answer any questions, but I hope that you do not grant this. And if you do grant it, you make all the recommendations applicable and binding before this goes further. Thank you. Thank you.

Any questions for Mr. Abreu? I have a question. Mr. Shell. Mr. Abreu, thank you for your presentation. You stated that there was a criminal prosecution. Can you explain a little bit more about what the criminal prosecution was for?

For violation of the cease and desist order. I just found out about this a few minutes before this meeting began. Okay. Specifically, if I understand it, cease and desist order was issued in December for, again, continued violations by this person. You can't mix the two, and people are already mixing all those things on this activity, and the only reason that we... Based on the sound, they're not doing anything to actually enforce this scene, so I can't Comment on it specifically. Second, that's something that you see in the law all the time, where somebody says, before you get on here, you have to say you don't have heart conditions, you don't have anything. But if you don't do anything, and you know that the things are being violated, and you're not actually enforcing it, i.e., the noise contamination, the guns, the alcohol, and so on, It's not going to be worth a whole lot on that piece of paper. It's my humble individual opinion. I'm not giving you a legal opinion. Thank you.

Thank you.

All right. Anyone else? It is now 8.54. And the rehearing of case S-26-020 is now closed. Mr. Shelton.

Mr. Chairman, I want to point out that I appreciate Mr. Abreu's presentation. However, I do want to point out to this board that we are not the police of liability on someone's private property. This body, specifically the BZA, who we will make recommendations to, can put reasonable contingencies, reasonable restrictions, and reasonable requirements so long as they have a nexus to the activity that is taking progress or taking part on that property. It seems to me in my review of the file that staff has made those recommendations and that those are, in my opinion, reasonable and connected to the activities and reasonably protect the citizens of Pennsylvania County insofar that we can do so. The liability waivers and all that, we are a government body. We cannot be involved in that, in my opinion, as a member of this board. I would suggest, again, that the proffers that have been made, I'll agree with Mr. Abreu, they probably can be a little more detailed in what's going to happen. But that's... what we can require of them, I would suggest that what staff has recommended is appropriate. Their cease and desist was issued. They have stopped, is what I understand, since the cease and desist. And now they are going through the process that is required to obtain a special use permit. To Mr. Abreu's point, we have to mandate them to stop this. Every law is a mandate. Every law. You can't run a red light. You're mandated not to do so. That doesn't mean that enforcement is a back-end level. But we have to pass what we believe will protect them, and I believe that what's in the staff recommendations is appropriate. So with that, I will recommend approval of case S-26-20, subject to the conditions of staff for the GPINs listed in the packet. CHAIRMAN BRYANT TILLERY. The chair is first. Is there a second? I'll second.

CHAIRMAN BRYANT TILLERY. Thank you. Are there any other motions, questions, comments, concerns? Seeing none, please cast your vote. Motion passes 5-2. Is there any new business? Then at 8.57, we are adjourned.