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BZA Minutes 12 13 2021December 13, 2021 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting December 13, 2021 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on December 13, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman R. Allan Easley, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived R. Allan Easley Chairman Present 6:31 PM Ronald E. Merricks Vice-Chairman Present 6:27 PM Ryland Brumfield Board Member Present 6:23 PM Joseph A. Craddock Board Member Absent 6:20 PM Ann Deering Board Member Present 6:28 PM Hershel Stone Board Member Present 6:32 PM Carroll Yeaman Board Member Present 6:23 PM APPROVAL OF AGENDA Upon motion of Mr. Merricks, seconded by Mrs. Deering, and by a unanimous vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock APPROVAL OF MINUTES Upon motion of Mr. Yeaman, seconded by Mr. Stone, and by a unanimous vote, the minutes were approved as presented. 1. Minutes 11082021 RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock OLD BUSINESS The Board asked for an update on the appeal for case S-21-013, Mount Hermon Volunteer Fire & Rescue, for placement of a cell tower. Mrs. Hayes stated we do not have an update. Chris Dadak said the appeal had been filed and will move forward. NEW BUSINESS There will be four (4) Special Use Permit cases for the month of January. HEARING OF CITIZENS 1. Public Hearing: Case S-21-012 Axton Solar, LLC; Special Use Permit for a Utility Scale Solar Energy Facility The Zoning Precepts were read by Mr. Easley to open the public hearing at 7:04 pm. Mrs. Hayes, Deputy Director of Community Development, reported that Axton Solar, LLC, petitioned for a Special Use Permit on six parcels of land, a total of 225.28 acres, located off State Road 612/Medical Center Road, State Road 614/Sugar Barbour Road, and State Road 616/Mosco Road in the Tunstall Election District for a utility scale solar facility. Trey Lopez was present to represent the petition. He stated that the additional 225 acres would be added to the existing solar project to continue development. Mr. Easley asked about meeting the 5-mile radius requirement and were the additional parcels acceptable. Mr. Easley read a letter from Danny Robertson, who was not able to attend the meeting, but opposed the additional parcels being added. The Public Hearing closed at 7:11 pm. The Board discussed the petition as the Committee of the Whole. Whereas, Axton Solar, LLC has petitioned the Board of Zoning Appeals for a Special Use Permit for a utility scale solar facility. Staff recommended approval with the 17 conditions. Mr. Easley asked Mr. Lopez if they were agreeable with the 17 conditions recommended by staff, Mr. Lopez stated they would agree to them. Mr. Merricks stated that the new regulations from the Board of Supervisors would apply to this project, Mrs. Hayes stated that the application was submitted before the most recent changes were made to the ordinance, so the setbacks would remain the same. Mr. Brumfield asked if any solar facility could apply and expand as long as they don't exceed or encroach on a solar farm within the 5-mile radius, if the application was filed before the ordinance change was adopted, Mrs. Hayes stated that could be added as a condition. Mr. Yeaman asked about adding this as a condition, Mr. Merricks stated it would protect the citizens. Mr. Easley requested that 100-foot setbacks to be added to the 6 parcels which total 225 acres. He asked if the 225 acres were continuous, and Trey Lopez stated they were. Mr. Lopez handed out documentation to each board member, showing the setbacks within the buffer area on page 3, the far-left side, showing 100 feet from boundaries. Mr. Easley wanted to know what that setback that was, Mr. Lopez stated the setback was 100 feet plus the vegetative buffer. Setbacks are 100 feet from public roads, Mr. Easley asked if the 100 feet setbacks can be included, Mr. Lopez said they would accommodate that condition. Mr. Easley read the 17 conditions for a positive motion. Chris Dadak stated setbacks are 100 feet from the right-of-way and 50 from adjacent property lines. Mr. Merricks asked about setbacks on parcels zoned A-1 (Agricultural District), Mr. Yeaman stated he would like for the buffer to be 100 feet from property lines. A motion was made by Mr. Yeaman, seconded by Mr. Brumfield, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a six (6) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Ryland Brumfield, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock 2. Public Hearing: Case S-21-015; Harry Parks; Special Use Permit for a Single-Wide Mobile Home Mr. Easley opened the public hearing at 7:36 pm. Mrs. Hayes, Deputy Director of Community Development, reported that Harry Parks had petitioned for a Special Use Permit on one parcel of land, a total of 1.27 acres, located at 513 Hickory Road, in the Banister Election District for a single-wide mobile home. Mr. Parks was present to represent the petition. There was no opposition to the petition. The Public Hearing closed at 7:37 pm. The Board discussed the petition as the Committee of the Whole. Whereas, Harry Parks, has petitioned the Board of Zoning Appeals for a Special Use Permit for a single wide mobile home. A motion was made by Mr. Merricks, seconded by Mr. Stone, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a six (6) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock 3. Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation; Special Use Permit for a Campground Mr. Easley opened the public hearing at 7:39 pm. Mrs. Hayes, Deputy Director of Community Development, reported that Olde Dominion Agricultural Foundation had petitioned for a Special Use Permit on one parcel of land, a total of 49.15 acres, located at 19783 US Hwy 29, in the Banister Election District to operate a campground. Mr. Harris was present to represent the petition. There was no opposition to the petition. The Public Hearing closed at 7:41 pm. The Board discussed the petition as the Committee of the Whole. Mr. Merricks asked if the campground would only be used for events at the venue and Mr. Harris stated that it would. Mr. Brumfield asked if there were future plans for expansion and Mr. Harris stated that they anticipate expanding in the future. Whereas, Olde Dominion Agricultural Foundation, has petitioned the Board of Zoning Appeals for a Special Use Permit for a campground. A motion was made by Mr. Yeaman, seconded by Mrs. Deering, to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by a six (6) to zero (0), one (1) absent vote. RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock CHAIRMAN'S REPORT There was no Chairman's report. ADJOURNMENT The meeting was adjourned at 7:44 pm.