Planning Commission - Regular Meeting

like to call the BZA meeting October 16th to order. Sabrina, are you going to call a role? I'll take care of that, Mr. Chairman. Thank you, Mr. Shelton. Here, Mr. Brumfield. Mr. Yaman here, Mr. Easley, Miss Warren here, Mr. Katic here, Mr. Stone here. Thank you.

Like to welcome everybody tonight. Beautiful day. Appreciate you coming. We've got a number of cases tonight. um and thrilled to to hear what everyone has to say. Um, at this moment, if we could rise for a moment of silence and then we'll follow by the pledge of allegiance. United States of America to it stands one nation under God indivisibley for all.

Be seated. Okay. Do I hear approval of our agenda tonight? I make a motion we approve the agenda. Thank you, Mr. Kratic. Second. Thank you, Miss Shelton. All in favor? One second, sir. We have technical difficulties. Okay. Mr. Kratic made the motion. Mr. Shelton second.

Thank you. Motion approved. That's probably why we shouldn't do that until they get here. As we're waiting for them to uh get our our technical issues,

I'd like to remind everybody in the crowd that everybody discussion tonight is important and we want to hear it and I look forward to hearing what you have to say.

The uh the anyone here to to speak other than the applicant is restricted to three minutes. Just to let you know like again look forward to hearing what you have to say but anybody other than the applicant is restricted to three minutes. Thank you. Motion carries. Thank you. Do I hear an approval of our minutes or any adjustments?

I make a motion to approve the red line version of the minutes for the September 8th, 2025 meeting as provided. I second. Thank you, Mr. Yamman. Second by Mr. Shelton. Uh those minutes were provided in your packet and you can review those. At this time, we'll take a vote if there's no other discussion. There was some information in there that was excluded about a date for tonight's meeting that needed to be in those minutes and that's why there we adjusted that uh for the date of the 16th because we had to change it for the holiday. We're ready to vote.

Motion carries. Thank you. All right, Mr. Arnold, is there any any old business that you know of at this time? No, sir. Okay. Don't believe we have any new business at this time? No, sir. Thank you. Uh will we have a meeting next month? Yes, sir. Okay. We had one SUP case uh at the planning commission last week.

Thank you. Yes, sir. There's no chairman report tonight. At this time I this time we'll open our meeting for a public hearing. Um pursuant to article 5 division 7 of the Pittsy 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 of 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 Pittsenia County, its citizens, and its prosperity. Anyone here to speak to the board other than the applicant regarding zona zoning cases will be limited to three minutes. Thank you. The time is 606. Mr. Arnold, you want to read our first case? Sure. Case S--25-017, Robert and Trinity Roland have petitioned for a special use permit on 6.19 acres located on State Road 57 Halifax Road in the Banister Election District to allow for a public garage/mechanic shop. In accordance with Pennsylvania County Code 35-223, on August 5th, 2025, the planning commission's motion to recommend approval was denied by a 2 to four vote with opposition that the petitioner's request be granted. As discussed at the September 8th meeting, that motion was not made properly. So, after a 60-day layover period from the August 5th planning commission meeting, this case

is now ready to be heard by the Board of Zoning Appeals. The staff summaries enclosed in the board packet. Mr. Chairman, Mr. and Mrs. Roland are here to represent the petition. M Miss Roland, if you want to come down front, like to apologize for the mixup at the last meeting. Glad glad you're able to come back. Um, I would like to start with um handing y'all I have a letter from all Can you the microphone a little closer? Sorry. Thank you. Thank you.

Oh, yeah. That is louder. I figured I would start with the letters that I have from all my uh neighbors that live around me. the neighbor that I share a driveway with, um, she has a le she has a letter from her stating that she is fine with us having our garage shop and having the business ran out of it. Um, our neighbor on the right side of us, I have a letter from them because they couldn't make it. They're out of town. And I have a letter from the neighbor from across the street. Uh, and she has also stated that she is fine with it. And I also have a neighbor from down the road, um, who lives just a little ways down the road and he is also signed a letter of approval.

And we do have a few people here to talk on our behalf as well. Okay. Um, who do I do we need to read those out or do you want me to read them? Mr. Arnold, would you rather than read them out or you want to pass them around to the members? because I only have a single copy each. If if you're okay with with it, Mr. Chairman, I just soon distribute them to the BZA if that'd be all right. All right. Well, it's only a single copy because I didn't make copies because I wanted the original signatures. Okay. We'll give them back. Yeah. Thank you.

And three of those are immediate neighbors. Um, Ellen McGregor, she contested this the last time at the first meeting. We spoke to her. She was in a misunderstanding of what we were going to do and she said, well, I spoke to her and told her exactly where it was going. She come and looked at it. We told her everything and she said, "If that's what you're doing, I'm fine with it." She said, "We can't even see it if that's what you're doing." And it's um

and on on that note, I have um some photos that I have showing our property and what you see from the road, how far you have to go behind the woods before you even get to our house and the building where it's going to be behind as well as um color copies of the site map. So maybe hopefully cuz you can see the three bay garage that'll be in front of it as well that's pre-existing and possibly the building behind it too that is also pre-existing that it'll be behind. I got copies of those. It's impossible to see it from the road. Thank you.

Okay. What I did,

what I did for the photos is I actually walked in front of our land and took the photos as I was walking down our driveway so that you can see how far back it really it really will take before you get to that and how no one is going to see the building there and it's really only going to be known for those who know that it's there. People were addressing businesses close to us. These are just a few. Bedford Co-ops in 4/10 of a mile away from us. Atkins Concrete is 1.9 miles away from us. Shelton's Logan, which runs a big operation. Sawmill is right three miles within us. CRB Electric's got a heck of a business within two miles of us. You've got a couple other places that's local that's within a couple miles of us with either which way you go. There's there's no way you can leave my house and not go a half a mile and not be at another business from either direction almost. Okay.

So, I don't I don't know if you We're not looking to put a large garage like uh a Perkins tire. I don't want a huge we where the shop that we're putting up. It's going to look just like any other garage that anyone would work, you know, park their vehicle in. Most people, it's just he's just going to work out of it. A lot of people have bigger garages to park in that than I'm putting up. So, the uh I don't know if you all have any other questions. We may have some questions in a in a minute. We may ask you to come back up. Yes, most definitely. Anything else you have for us now? No. Uh, not right off top of head. No. No sir. Thank you.

Thank you for all of your information. Yes, sir. Thank you. We have folks signed up to speak. Yes. Sally lithicome.

Good evening. And I own property just below them. And this has been an old established residential area forever. My grandparents just lived up the road. And therefore, I don't think it's any place for any business. So, I request that you not grant this exception because then there'll be another exception. Thank you. Thank you, Miss Lithum. Thank you, Tanya Reynolds. Good evening, Mr. Reynolds. I'm just going to read from this if it's okay. I'm not a good public speaker. Okay.

Uh I inherited land in a peaceful rural part of Virginia surrounded by farmland, family homes, and natural beauty. There's now proposal to build a garage for working on cars and to issue a special permit to allow this kind of commercial use. And if they say it's only a one-time thing, I respectfully ask you to consider what that really means. Uh, even one exception creates a precedent. Once changed, it opens a door for future projects that may not align with the quiet residential nature of the area. A garage like this would bring increased traffic, noise, disruption, and possible future environmental issues. S things that simply don't belong in this kind of setting. I care about the land, the people who live nearby. Monz and I own over 100 acres in this area that has owned agricultural has been our family for five generations. One parcel borders the proposed site just 30 feet from the mechanic's garage on the site plan. I respectfully ask that the proposal be denied so the character of the community can be preserved. Thank you for your time and thoughtful consideration and I really don't think anybody else would want it built right on their property line either. Um and

we have Henry Hurt represented by Tanya Reynolds.

Um Henry Hurt Jr. was not able to be here. Um, I'm going to read the letter that he sent and I've left a copy here too. Um, and it's, "Dear board members, due to walk-in problem, I'm a unable to appear before you to speak. I hope that this letter will suffice for me to express my family's opinion on the matter at hand. My family has owned the house and property at 1133 Halifax Road since 1944. It has been a bastion of peaceful tranquility for all these years. the uh non-commercial nature of Halifax Road eastward nearly to the Banister River has preserved the natural the rural nature of our neighborhood. In addition, I own property across from 1133 Halifax. My children and I hope that someday to create lots on that land for additional houses. In my view, the reszoning of residential property to open a commercial garage about 100 yards from our eastern property line would be disruptive to the act attractive rural nature of the neighborhood as well as traditional traffic patterns. My family and I respectfully request that S-25-07 not be approved. Yours truly, Henry C. Hart, Jr.

Thank you. Thank you, M. Reynolds. Appreciate it. 30 seconds remaining. James McDaniel.

Good evening, Mr. McDaniel. Not a very good speaker.

Uh, I'm a neighbor who lives across I live on Hillrest, which is right across where he's talking about. I've been there since the mid70s. And it wasn't uh when Henry Crowder's mama lived in a house he bought when she passed. I never knew that house was even there until I went to estate sale they had on site. It's been that you know it's back off the road. Uh I I don't have no problem with it. I I do own three homes on Hillrest. uh you know and I've been knowing Robert probably 20 or 25 years since as a youngster. He's done work for me you know pretty much the whole time you know every now and then but I thank a lot of him and I think he deserves a break. Thank you. Thank you,

Jerry Oaks.

I live just over the hill from uh property. He's talking about uh wanting to get reszone. I don't I don't have a problem with uh M I mean I don't even know Mr. Roland. Um I guess I I I two issues. One is setting the president of reszoning this property um when it's all residential agricultural down 57. That's the first issue. Second issue, I've never seen a garage the building itself is fine, but how many garages do you see that it's just the garage? I mean, what's around the garage? It ends up being a bunch of vehicles, cars, trucks, what have you. You know, it's it's never just the garage. I think everyone deserves a garage at their house. I have a garage, but I don't but you know, I don't have the vehicles around and I know it sets back pretty good ways off the road. It does. And there's a lot of trees between the road and where he wants to build a garage, but you know, every fall those leaves fall off the trees and you'll be able to see much better through those trees. Um, so I just it's the president of of reszoning that property uh when all of it residential and agricultural around that area. Just consider that please.

Thank you, Mr. F. Thank you. Mark Patson.

Good evening, Mr. Patterson. Uh, my name's Mark Patterson. Um, I'm here to support Robert Roland's garage. I've been I live about uh half a mile from Mr. Roland and I believe we can use a good mechanic in the community. Um, I really don't see a problem with it. I'm just here to support Mr. Roller. Thank you. Thank you, Mr. Patterson. Tanner Packer. Sorry.

Hello folks. Tanner. I'm Tanner. I'm sorry. I'm Tanner Packer. I live about half a mile down the road. Um I just heard about this today. didn't know about it, but uh after hearing about it from two repeatable people and then uh seeing the plans, the evidence, I I have no problem with it. And I think it's a really good thing to have a mechanic in the neighborhood, especially young guys starting out working from home. I think it's a good thing. It's a I could go on a rampant. I'm not going to, but I support them. Thank you, Tanner. Thank you. That's all we have. Thank you.

Appreciate everyone's comments. Uh, Miss Miss Roland, you have anything you want to add after these comments?

Everyone who's came up here has said something about reszoning. We're not reszoning. We're asking us for special use. It's still going to be a residential even with the special use permit. So, that's not what we're doing, which y'all know that. Um, and when he speaks of the fall and the winter with the leaves going down, when the leaves go down, you barely see my house and the other three garages before you even that are already there pre-existing before you even would even think to see the building that's going to be behind the house itself.

Property is this way and where I'm putting my garage off the back of it. I don't know. Even if I was to I don't never plan on it. Do not want my timber gone. Even if I were to cut the timber off the property, you still wouldn't see. You wouldn't see the building because it's going on the back side of the property. And it's the property is at a it's out. I'm going to have to build up where I want it to be at. In in those photos, you see the three bay garage that sits behind beside the house. It's going behind that um behind another building because there's another building even behind that one. A small little building that no one even you don't even know it's there

road now. So that's you were asking about that. It's going to be virtually impossible to see it because if you look down my driveway, you see a three bay garage now that's been there forever. Behind that garage is even a bigger building that's already there. It's just a dirt floor building and it's going back off the null behind that. It's going way back behind all of that. So,

so um so I just wanted to address that that even with when the trees uh lose their leaves, I know because I've looked towards my house and the only thing that I could barely see is the little uh little shop building that we have that sits beside the house when the leaves are gone. Like Mr. McDaniel was saying back here, "You can't." He's been there for a long time and didn't even know the house was there. And he lives he pulls out his road every morning right in front of us. I've had a yard sale and a lady was like, "I didn't even know a house existed back here because of where it's saw layer of land.

Pizza Hut loves to deliver to me. I have to make sure to let them know to go behind the woods." Yeah. Um they're talking about a lot of cars and stuff. my shop. Now, I own a business in Gretna. If you come, I have a few cars because I have a big lot for stuff to sit. We keep them clean. They're there. I don't have a lot sitting around. I don't let people leave stuff sitting around. I don't I don't have that kind of stuff. I'm a small business. Me and another guy that helps me in the office a little bit in the shop. And I don't I don't do the work to have cars sitting around. I do a lot of big stuff, in-n-out jobs, motors and transmissions. We order them, put them in and get out. I might not have three cars in my garage in a week's time. Sometimes I don't do a lot of

small

small stuff. I don't let stuff sit around to that degree. I have a big lot at where my business is now and you could put 300 cars in it if you wanted to. 250 cars. It might be 15 16 cars there and they are some of them aren't mine. there. The guy that owns the place, some of that stuff still belongs to him because I just rent it and it's all neat, maintained. I pay a guy to cut the grass. He weed eats and sprays the lot every other month. It stays it stays presentable and I don't I will not have a lot of stuff sitting around. She wouldn't allow me to have a lot of stuff sitting around.

So, that's all I've got to say to that. Anything else? That that about sums it up, I believe. Hopefully. Thank you. Thank y'all. No one else. That is all. Okay. Um I'm going to close the public hearing. Time is 6:25. And uh is there any discussion from the board members at this time or any questions? I've been out. I would confirm She said it's hidden back there.

Mr. Yam, would you mind pulling the mic down?

Yeah. neighbor can't even I started looking. One thing behind All right, I'm going to come back to that. I have a couple questions. Did you have anything?

I I'm ready for a positive motion, too, but I did want to mention that staff had recommended a couple of conditions. One of them being that the repair activities would be contained in an enclosed structure. Um, you guys okay with that? And the other condition was that all inoperable vehicles be stored in a screened area. That's already part of the county code, right? So, does it really need to be a condition? I mean, I don't have a problem with it, but that yes and no. It doesn't need to be in there. Um, it's common practice to include them because on top of then you can revoke it's easier to revoke the permit if it's state as a condition. Okay? But if it weren't in there, they would still have to

um abide by it. And I I agree that the site is pretty well hidden, but part of the county code requires that the inoperable vehicles will be stored within a screen area. So you guys okay with that?

Yeah. Okay. So in here the recommend the recommendations from the staff um the conditions or repair activities shall be contained within an enclosed structure meaning all work would be done inside of a inoperable vehicles. Number two inoperable vehicles shall comply with chapter 9 of Pennsylvania county code must be stored in an area screened in accordance with Pennsylvania county's code. So that would mean a fence around your facility. Is that what you understand? Okay. So they Is that what Mr. Arnold, is that what you making motion? They're going to have a fence that's usually 6 feet tall. That would be

very difficult to see if that's the if that's the case. Right. Exactly. It's going to be shielded or screened from view. Um uh and then also it's not going to be visible on ground level uh from any exterior boundary line uh of the subject property and you all agree to that. Okay. Section 9-20. Yeah. Psylvania County. Okay. Um so we have a motion from Mr. Shelton. Uh we have a second. I'll second Mr. Katic. Um, is there any other discussion before we call for a vote on this case?

Call for a vote. Mr. Shelton, did you I did.

Motion carries. Mr. Roland, I hope that you were able to do what you want with your property. I also would encourage you to keep your neighbors that have come here tonight to take their time that are concerned about that is to keep them uh in your thoughts when you're doing your work. and we wish you the best. Thank you and we appreciate everyone that spoke tonight. Okay, we're going to move on to the time is 6:30. Case S-25-019. Mr. Arnold, would you read our case for us?

Yes, sir. Case S-25-019. Victor and Vicky Kates have petitioned for a special use permit on 3.48 48 acres located on State Road 954 Plantation Drive in the Tunchl District to allow for a private campground on the property. On September 2nd, 2025, the planning commission recommended by a 7 to zero vote with no opposition that the petitioner's request be granted. The staff summary is enclosed in the board packet. Mr. Chairman, Mr. Kates is here to represent the petition. Mr. Kates, would you like to come down and speak? Thank you for being here tonight.

Uh my name is Victor Kates and uh like apologize to the board. My wife would be here but uh she's been battling cancer for three years and she's having a bad month. But uh we uh we started this project uh we've had rental property in this area probably 30 plus years and uh we're converting it over to a RV park. and we started the process. We went and got permits to redo the electrical because we didn't want to halfway do it. We wanted to go back with all new stuff. Uh we put in all new pedestals. Um put uh 6x6 post up, vinyl sleeves over it, lights on top of every post. Uh and then when the inspector come out, he told me that uh he loved what we done. It looked great. Uh we put in all new 200 amp breaker box meterbased combinations, 50 amp breaker boxes and done everything real neat. And uh then he told me my zoning was wrong. But I thought it was I didn't know that because 30 plus years ago we was zoned uh grandfathered in to manufactured homes and I just I RVs I figured was manufactured homes. So, I didn't. But anyway, that's why I'm here tonight. And I've had no opposition with none of my neighbors. Everybody's fine with everything. Um, Mr. Oaks from the Planet Boy come out and he loved the area. I mean, it's Mountain Views, cattle. You'll be looking at beef cattle and uh deer, turkey. It's just a very quiet neighborhood, nice, clean, and none of my neighbors have any come to any meeting or nothing because they know I'm take care of it.

Anything else? Hope y'all vote. Yes, sir. Uh, we may have a question for you in a second after we do our discussion. Okay. Thank you. Is anybody signed up to speak? No, sir. Okay. close this public hearing for case S25-9-019 633. Any discussion from the board on the case? If if I'm understanding this right, the number of campsites is the same as the number of mobile homes that are that were already there. Is that correct? Or is it Yes, sir.

So, basically replacing the mobile homes with with campers. I move the motion. We have a call for a positive motion on special special use permit. I'm going to read I move.

He's he's done it. I'll come right back to you. We're going to read that now. Whereas uh Mr. Victor and Vicky Kates have petitioned the board of zoning appeals for a special use permit uh for a private campground. Whereas we find no substantial detriment to adjacent property that the character of the zoning district will not be changed thereby and that such will be in harmony and in the purpose and intent of the ordinance and whereas there are no significant adverse effects upon adjacent property that cannot be mitigated by conditions. I move the special use permit be granted. Do we have a second on that? Second. Okay.

All right. Before we I want to mention again is that this was a a mobile home park and it had been that way for a number of years and he is converting it to a that's what happened ground. Yes sir. Yes sir.

Now we voting for approval with the recommended conditions. Let's look at the So there there are conditions. Any future expansion will require site plan approval by the Pennsylvania County Zoning Development Office to ensure compliance with all the applicable zoning regulations must maintain in compliance with all the applicable Virginia Department of Health regulations. Are you in agreement with those conditions? Thank you. Appreciate that, Mr. Kretic. Is there any other discussion or questions? Okay, this motion carries. Mr. Keats, I hope your campground is as accessible as you want it to be. Thank you for coming. Right. The time is 6:36. We'll start case Z-25-00002. KZ-25- Z002 Capital Outdoor Advertising has petitioned for a signed permit on 3.53 acres located on US Highway 29 in the Cadam Blair's election district for an offsite illuminated singlesided stacked total of two 10x 20 foot uh signs in sign in accordance with Pennsylvania County Code 35-100 on August 5th, 2025. the planning commission's motion to recommend approve. Excuse me, that doesn't appear to be correct. Um, bear with me here. On September the 8th, the planning commission's motion to recommend approval uh was

was approved 7 to zero with no opposition that the request be granted. The staff summaries enclosed in the board packet. Mr. Chairman Michael Ruthetsz is here to represent the petition. Mike, would you like to come down and speak? Thank you, Mr. Chairman. Uh, members of the BCA and staff, we first appreciate your time. Um, my name is Michael Rousat. I'm with Capital Outdoor Advertising. We're a small family-owned business. We've been doing outdoor for over 40 years uh and and 30 years here in the county uh in some of the surrounding areas as well. Um, we're dedicated to the county. We appreciate our assets and we uh really take care of them and and and keep them in great shape. Um, the special use permit is a a request. We we requested four other permits back in 2023 that were unanimously approved as well. Um, we're trying to grow as the county grows. Uh, all of our clients, 99.9% of them are local Pennsylvania uh county businesses uh that advertise here. and we're trying to just grow as the counties grow and give them the opportunity to continue with their business marketing plans on our assets at an affordable rate. So, uh, and I'm happy to answer any questions you guys might have when the time is up.

We may have a question for you in in a second. We'll be big be back with you. Is anybody else here to speak? Mr. Rousats was the only one that signed up to speak. No, sir. Okay. All right, like to close the public hearing case Z25-00002 at 638. Is there any discussion from the board members at this time? Uh, I'd like to ask one question. What type of lighting are you going to use on a sign?

There'll be externally illuminated LED lights that are very their new technology, not the old technology that used around. They're very focused on the actual face of the sign and and and you know to ensure that it doesn't, you know, go away from where we're actually trying to advertise. So, any other questions?

Move for positive motion. Have a move for positive motion. I'll read a positive motion. Whereas Capital Outdoors has positioned the board of zoning appeals for a sign permit for a off on-site illuminated double-sided sign. And whereas the application meets the requirements of section 35-95 of the Pennsylvania County zoning ordinance, I move the sign permit be granted with the following conditions. There is no conditions. Mr. Aman, is that your motion? Do I hear a second? Second. Shelton.

Any other discussion on this case? Call for a vote. Motion carries. Okay, we'll open the Public hearing for case Z25-00003 at 640. Case Z-25- Z003. Capital Outdoor Advertising has petitioned for a signed permit on 1.2 2 acres located on US Highway 29 in the Banister Election District for an offsite illuminated single-sided stack sign in accordance with Pennsylvania County Code 35-100 on September 2nd, 2025. The planning commission recommended by a 7 to zero vote with no opposition that the petitioner's request be granted. The staff summaries enclosed in the board packet. Mr. Chairman Michael Russetsz is here to represent the petition. And please note the correct date um of this case is also the date of the planning commission uh for the previous case as well which was September 2nd for uh case Z-25-00002. So uh incorrectly stated that when I read the narrative with the previous case. So both were uh recommended for approval with seven to zero votes on September 2nd. Thank you. Thank you. Michael, do you have anything you want to offer on this case?

Nothing really, further. This uh the same property is the same uh same zoning and everything and the the sign will be the exact same design as the previous one. Thank you. Like to close the Is there anybody here to speak on behalf? Thank you. I'd like to close a public hearing for case Z-25-003 at 642. The board have anything that positive motion.

Mr. Shelton's has indicated a positive motion. I'm going to read a positive motion. Whereas Capital Outdoors has petitioned the board of zoning appeals for a sign permit for an onsite double stack sign. And whereas the application meets the requirements of the section 35-95 of the Pennsylvania county zoning ordinance, I move the signed permit be granted without any conditions. Miss Shelton, is that your motion? We have a second. I'll second.

Miss Warren. Second. Um, is there any other discussion on this case? We'll call for a vote. Thank you. Motion carries. I hope your signs do exactly what you want. At this time, having no other case, do I hear a motion to adjurnn? So moved. second