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Planning commission recommends vineyard event venue amid neighbor concerns; multiple rezones, permits approved

2234352 · February 5, 2025
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Summary

The Pittsylvania County Planning Commission recommended approval to the Board of Zoning Appeals for a special-use permit for Isaiah Clark LLC (Bivens Family Vineyard) to operate an event venue after a 3-2 vote, following public comment from nearby residents and farmers about noise, traffic and potential conflicts with active agricultural operations.

The Pittsylvania County Planning Commission recommended approval to the Board of Zoning Appeals for a special-use permit that would allow Isaiah Clark LLC (operating as Bivens Family Vineyard) to use roughly 29.75 acres as a private recreational facility and event venue after a split 3-2 vote.

The applicant, Danielle Dalton, said she and her husband, Brian Bivens, plan to continue growing grapes and operate the property as Bivens Family Vineyard while adding events such as weddings and outdoor yoga. “We’re proud to bring this project to Pittsylvania County,” Dalton said, and described the proposal as an effort to build “a space that brings people together and contributes to the community.” Brian Bivens, a retired Coast Guard veteran, said the owners plan to include a VA-approved farming program for disabled veterans.

Neighbors raised concerns about noise, traffic on narrow gravel roads, and agricultural odors and operations that could conflict with event activities. Jerry Haymore, a nearby resident, said he chose his home for its quiet and described the hillside acoustics that he said carry sound to his property: “It’s quiet, it’s peaceful ... My concern is ... the noise.” Farmer Roger Jefferson and farm manager Bennett Fulper described routine farm operations — manure application, crop spraying, calf weaning and heavy equipment — and warned those activities can be noisy and odorous year-round. “Farming is not quite a quiet and odorless business,” Fulper said, and asked the commission to consider Virginia’s right-to-farm protections when weighing compatibility.

Staff told the commission it had recommended six conditions if the commission recommended approval. Staff noted that many agritourism activities are protected by Virginia law when they are directly tied to the agricultural product (for example, events where the property’s wine is sold or served). Miss Ragsdale (planning staff) explained that the special-use permit is sought to allow events not directly tied to on-site agricultural sales; she said denial of the permit would not bar agritourism activities that are protected by state code.

Commission debate focused on compatibility with existing farms and on the limits of local zoning when state agritourism protections apply. Commissioner Webb moved to recommend approval, Commissioner Oakes seconded, and the motion passed 3 in favor, 2 against. The recommendation goes to the County’s Board of Zoning Appeals for final action.

Votes at a glance

- R-25-005 (Kelly and Kenneth Crogman): Recommend rezoning 10.733 acres from R-1 (residential suburban subdivision) to A-1 (agricultural). Motion passed 5-0. - R-25-006 (Robert and Elizabeth Yates): Recommend rezoning 3.3 acres from R-1 to A-1 to consolidate with adjacent A-1 parcel. Motion passed 5-0. - R-25-007 (East Bowles LLC / Ryan Gatewood): Recommend rezoning three parcels (28.27 acres) on U.S. Highway 29 to M-1 (light industrial) to allow a future convenience store and gas station. Motion passed 4-1. - R-25-008 (Robert Yaman): Recommend rezoning 2.81 acres from RMF (residential multifamily) to RC-1 (residential combined subdivision) to allow a single-family dwelling. Motion passed 5-0. - R-25-009 (Jennifer Hooks): Recommend rezoning 19.67 acres from R-1 to A-1 to allow an accessory structure for equipment storage. Motion passed 5-0. - SD-25-004 (Princess Rodriguez): Approve special-use permit to place a single-wide manufactured home on 0.66 acres (per county code §35-223). Motion passed 5-0. - SD-25-005 (Ronnie and Anna Warren): Approve special-use permit for a diesel mechanic shop (sales/service/repair) on 2.91 acres, subject to staff conditions; the commission added a requirement that the screened/fenced storage area for inoperable vehicles be installed within six months of opening. Motion passed 5-0. - SD-25-006 (Isaiah Clark LLC / Bivens Family Vineyard): Recommend special-use permit for private recreational facility/event venue on ~29.75 acres. Motion to recommend approval passed 3-2. (Contested) - SD-25-007 (Christie Schwartz): Approve special-use permit for a private school on 246.63 acres (estimated 15–25 students). Motion passed 5-0. - SD-25-008 (Washington County MD & Franklin County Penna Home Mission Board, Inc.): Recommend special-use permit for a private school on ~9.1984 acres. Motion passed 5-0. - SD-25-009 (Vivian Brinkley): Approve special-use permit to place a double-wide manufactured home on 1.04 acres. Motion passed 5-0.

Context and why it matters

The split vote on the vineyard special-use recommendation highlights recurring land-use tensions in Pittsylvania County between expanding agritourism/venue businesses and ongoing agricultural operations. Neighbors and farmers said the county should consider how routine farm practices — manure application, crop spraying, animal weaning and equipment use — can affect event operations and visitor experience. Staff emphasized that Virginia law protects some agritourism activities when they are directly tied to the agricultural product being sold or offered on-site, which limits some local zoning controls.

Procedural notes and next steps

The commission’s favorable recommendations go to the Board of Supervisors or the Board of Zoning Appeals as required by the county ordinance. The special-use recommendation for Isaiah Clark LLC is not a final permit; it is a recommendation to the zoning appeals board, which will take the next formal action. Several approvals included conditions the applicants must meet (for example, parking on-site, adherence to the Virginia Uniform Statewide Building Code and the County noise ordinance, and compliance with Virginia Department of Health regulations).

Ending

Commissioners also approved routine rezones and multiple special-use permits across the county with largely unanimous votes. The commission did not schedule a meeting for the following month and closed at approximately 7:59 p.m. Chairman and members asked for continued prayers for Commissioner Meese, who is recovering from a fall.