The Henry County Board of Supervisors approved a contentious rezoning request in the Reed Creek District during its March 25 meeting, allowing a 0.19-acre property to be rezoned from Agricultural District (A-1) to Commercial District (B-1) for use as a commercial automobile repair garage.
The request was approved in a 5-1 vote, with Pam Cobler, of the Reed Creek District, casting the only dissenting vote.
During the public hearing, multiple residents spoke against the rezoning, citing noise disturbances, traffic concerns, and zoning violations.
Holly Kozelsky argued that the property should not qualify for commercial zoning under existing rules.
“The business that has been there since July has been an absolute nightmare for the neighborhood. It’s the kind of thing that causes communities to disintegrate. It’s the starting point of a downfall,” she said.
Kozelsky noted that the property had not operated as a business since 2008, exceeding the two-year grandfathering period required for zoning protection.
“This is 17 years—a lot more than two years,” she added.
She also claimed the property has cars parked in the street right-of-way, in neighbors’ yards and driveways, and does not meet required zoning setbacks.
Additionally, Kozelsky believes the business failed to meet zoning guidelines, which prohibit uses inconsistent with the existing character of the district.
“This is a peaceful, nice neighborhood,” she said.
According to Kozelsky, mechanics moved onto the property in June, and by July, the situation had spiraled out of control.
“Noises all night long, cars coming and going multiple times a night, revving their engines for 15 minutes upon arrival or leaving,” she said.
She also claimed the business violates the county’s noise ordinance, which prohibits amplified sounds after 10 p.m.
“Tire burns at the intersections—we see them zoom in and out ridiculously fast. We see the tire burns, we hear them, and the next day, on the way to work or church, we see whole new sections of tire burns in the road,” she said.
At a January meeting between county officials and neighbors, Kozelsky said that Planning, Zoning & Inspections Director Lee Clark stated the property was not a business but simply “a couple of guys hanging out socially and fixing cars for fun.”
However, during a public hearing two weeks ago, property owner Kenny Lewis stated that he had been operating the location as a business for six months.
“Running a business without a license is a Class 3 misdemeanor,” Kozelsky said.
She urged the board not to approve the rezoning, calling it an “out-of-control, dangerous, bothersome business” that violates county zoning standards.
Lynn Curtis, a 30-year resident of the neighborhood, also spoke against the rezoning.
“You just can’t sleep at night. There’s a racket the whole time. It’s just something going on all the time. It’s just a nuisance,” he said.
Mary Kozelsky and Dwight Mack also voiced their opposition.
In an effort to ease tensions, property owner Kenneth “Kenny” Lewis said he would:
Build a wooden fence at the front and back of the property.
Ensure the garage door is closed by 8 p.m.
Limit nighttime work to noise-free activities.
“This property is rented out to a gentleman now that I didn’t know was doing all of this outrageous stuff, which I can put him out. I need my rezoning for my tow trucks and towing operation—that’s what I need it for,” Lewis said.
He added that the building does not contain machinery or loud equipment and would not be used as a hangout spot.
Lisa Rigney, an employee of Lewis, and Mary Martin spoke in favor of the rezoning.
The board also approved an amendment to change real estate and personal property tax due dates.
Following a public hearing, the board established:
Real estate taxes will be due Oct. 1, with a delinquent date of Nov. 1.
Personal property and machinery/tools taxes will be due Dec. 1, with a delinquent date of Dec. 16.
Previously, real estate taxes were due Oct. 1 but were not considered delinquent until Dec. 5. Personal property and machinery/tools taxes had no grace period and became delinquent the following business day.
Treasurer Scott Grindstaff said the change will ease financial strain on residents.
“Since no penalties are accrued until after the delinquent date, it has essentially become the de facto due date. As a result, a large percentage of our residents ended up in a situation where they were paying both bills on the same day to avoid any late fees,” he said.
The new system allows a grace period and will not hinder county operations, Grindstaff added.
Failure to pay by the delinquent date will result in a 10% penalty, with interest charged at 8 percent per year on unpaid balances after six months.
The amendment will take effect on July 1.
In other matters, the board:
- Approved $9,500 from State Asset Forfeiture funds for gym equipment at the Adult Detention Center.
- Allocated $241,648 for electrical upgrades at the Administration Building, awarding a $755,118 contract to Elliott Electric Inc.
- Approved $50,000 from the Virginia Department of Fire Programs for repairs to the burn building at the Public Safety Complex.
- Granted $100,000 from the state Forest Sustainability Fund to help Ridgeway develop an outdoor recreation project.
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Laurel Park Middle School 3 boys’ basketball team was recognized for achievements. Adopted a proclamation recognizing April 2025 as Child Abuse Prevention Month.
- Recognized local boys’ basketball and girls’ volleyball championship teams.
- Approved $100,000 for the Collinsville Volunteer Fire Department’s new fire truck, supplementing previously allocated funds.
- Reappointed Wesley George III to the West Piedmont Planning District Commission for a four-year term.
- Approved rezoning requests for:
* 2.978 acres in Collinsville to allow a welding and fabrication business.
* 8.35 acres in Blackberry for agricultural use.
