BZA 12 13 2021
BOARD OF ZONING APPEALS
REGULAR MEETING
Monday, December 13, 2021 – 7:00 PM
Board Meeting Room
39 Bank Street, SE,
Chatham, Virginia 24531
AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. MOMENT OF SILENCE
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES
1. Minutes 11082021
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII. HEARING OF CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/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/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during 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 forty-five (45) minutes. Any individual that is signed up to speak during
said section 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. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
1. Public Hearing: Case S-21-012 Axton Solar, LLC; Special Use Permit for a Utility
Scale Solar Energy Facility
Regular Meeting - December 13, 2021
2. Public Hearing: Case S-21-015; Harry Parks; Special Use Permit for a Single-Wide
Mobile Home
3. Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation; Special
Use Permit for a Campground
IX. CHAIRMAN'S REPORT
X. PUBLIC HEARING
Pursuant to Article V, Division 7 of the Pittsylvania 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
Pittsylvania County. We must insure 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 Pittsylvania County, its citizens and its
posterity. Anyone here to speak to the board, other than the applicant, regarding zoning
cases will be limited to (3) three minutes.
XI. ADJOURNMENT
Board of Zoning Appeals
STAFF SUMMARY
Case: Minutes 11/08/2021 District:
Zoning Request:
Agenda Date: December 13, 2021
Meeting History:
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November 8, 2021
Regular Meeting
Pittsylvania County Board of Zoning Appeals
Regular Meeting
November 8, 2021
VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held
on November 8, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia.
Chairman R. Allan Easley, called the meeting to order at 6:59 PM. The following members were
present:
Attendee Name Title Status Arrived
R. Allan Easley Chairman Present 6:33 PM
Ronald E. Merricks Vice-Chairman Present 6:29 PM
Ryland Brumfield Board Member Present 6:33 PM
Joseph A. Craddock Board Member Present 6:31 PM
Ann Deering Board Member Present 6:32 PM
Hershel Stone Board Member Present 6:35 PM
Carroll Yeaman Board Member Present 6:30 PM
APPROVAL OF AGENDA
Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the agenda
was approved as presented.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ronald E. Merricks, Vice-Chairman
SECONDER: Carroll Yeaman, Board Member
AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman
APPROVAL OF MINUTES
Upon motion of Mr. Yeaman, seconded by Mr. Craddock, and by a unanimous vote, the agenda
was approved as presented.
1. Minutes 10_14_21
RESULT: APPROVED [UNANIMOUS]
MOVER: Carroll Yeaman, Board Member
SECONDER: Joseph A. Craddock, Board Member
AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman
OLD BUSINESS
There was no old business.
NEW BUSINESS
Mrs. Ragsdale stated there will be three special use permit cases to be heard at the December
meeting.
HEARING OF CITIZENS
5.1.a
Packet Pg. 4 Attachment: BZA Minutes 11082021 (2887 : Minutes 11/08/2021)
No citizens came forward to speak.
CHAIRMAN'S REPORT
There was no Chairman's report.
PUBLIC HEARING
1. Public Hearing: Case V-21-002 Jessica O'Neal; Requesting a Variance to Section 35-369.
MINIMUM YARD DIMENSIONS. (A.) Front Setbacks, and (C.) Rear Setback.
Mr. Easley opened the public hearing at 7:03 p.m. Mrs. Ragsdale, Director of Community
Development, reported that Jessica ONeal petitioned for a Variance to Section 35-226. MINIMUM
YARD DIMENSIONS. (A.) Front Setback, of the Pittsylvania County Zoning Ordinance, and (C.)
Rear Setback, of the Pittsylvania County Zoning Ordinance, on 0.32 acres, shown on the records
as GPIN # 2531-38-1629, located at State Road 641/300 and 336 Spartan Lane, Gretna, VA located
in the Callands-Gretna District. Jessica ONeal was present to represent the petition. There was no
opposition to the petition. Mr. Easley closed the public hearing at 7:05. Mr. Easley read the five
(5) criteria needed to grant a variance and stated that the subject property met all five (5) for the
variance to be granted. The Board discussed the petition as the Committee of the Whole. Whereas,
we move the petition for a variance be granted. Motion passed by a vote of seven (7) ayes, and
zero (0) nays.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joseph A. Craddock, Board Member
SECONDER: Ann Deering, Board Member
AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman
ADJOURNMENT
The meeting was adjourned at 7:11 p.m.
5.1.a
Packet Pg. 5 Attachment: BZA Minutes 11082021 (2887 : Minutes 11/08/2021)
Board of Zoning Appeals
STAFF SUMMARY
Case: Public Hearing: Case S-
21-012 Axton Solar, LLC
District:
Zoning Request: SUP
Agenda Date: December 13, 2021
Meeting History:
SUBJECT
Requested by Axton Solar, LLC, for a Special Use Permit for a utility scale solar energy facility.
The property is 225.58 acres, (6 parcels of land) 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 and shown on the Pittsylvania County Tax Map as GPIN#’s 1452-12-4768,
1452-00-7670, 1441-77-6885, 1430-77-3730, 1430-76-4322, and 1442-51-0809.
BACKGROUND/DISCUSSION
Axton Solar, LLC, is requesting a Special Use Permit to operate a utility scale solar energy
facility on 225.58
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. On December 8, 2020, the
Board of Zoning Appeals granted a Special Use Permit requested by Axton Solar, LLC to
operate a Utility Scale Solar Energy Facility on sixteen (16) parcels of land, totaling 1,359.74
acres of land. Axton Solar, LLC is requesting to add an additional 691.63 acres to the previously
approved project. Pittsylvania County Code § 35-141 requires new Utility Scale Energy
Facilities to be at least five (5) miles from another approved project. While the existing Axton
Solar Project would not meet this requirement, the new parcels are not within five miles of any
other project.
In addition to the previously approved parcels, the proposed project will cross into Henry
County, creating a total project area of 3,509.76 acres between the two counties. The total
project be a 200-megawatt (MW) alternating current (AC) utility scale solar energy facility,
connecting to the Appalachian Power grid through an interconnection to the existing 138 kV
overhead transmission line.
The Pittsylvania County Zoning Ordinance requires a site plan and landscape plan to be
submitted and approved prior to permits being issued to ensure compliance with setback and
vegetative screening requirements. The applicant will also be required to submit an Erosion and
Sediment Control Plan and Stormwater Plan to the Community Development Department and
the Virginia Department of Environmental Quality to ensure that all stormwater and erosion and
sediment control regulations are being met. Once the plans are approved, the appropriate bonds
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will be required before land disturbance permits will be issued. A decommissioning plan is
required to be submitted and a bond secured to ensure compliance with the plan at the end of the
project’s life as well. All required plans must be approved before any construction permits will
be issued.
RELATIONSHIP TO THE SURROUNDING LAND USE AND NEIGHBORING AREAS
Mostly surrounded by agricultural and residential uses.
ZONING OF SURROUNDING PROPERTIES
Mostly surrounded by A-1, Agricultural District and R-1, Residential Suburban Subdivision
District zoned properties.
SITE DEVELOPMENT PLAN
The Site Development Plan is included in the packet. The applicant will be required to submit a
site plan, construction plans, an Erosion and Sediment Control Plan, a Stormwater Plan, and once
approved, submit the appropriate bonds and a decommissioning bond.
RECOMMENDATION
Staff recommends APPROVAL of the request with the following conditions:
1. Site Development Plan; Location. All solar panels and other above-ground equipment
will be located within the “Project Area” shown on the Conceptual Site Plan included
with the SUP application. All Site Plan requirements of Section 35-141 must be met
before permits are issued.
2. Height. Except for the collection yard and substation or otherwise as required by
applicable building code, the maximum height of the solar panels and other above-ground
equipment will be 15 feet.
3. Setbacks. Except for fencing and any pole mounted electronic lines, consistent with the
County ordinance, all above-ground equipment shall meet the setback requirements set
forth in Section 35-141 (D). No setbacks are required between the parcels lines of parcels
that are part of a single Project. No setbacks are required between the parcels lines of
parcels that are part of a single Project.
4. Fencing. Fencing for the Project will be standard chain-link and at least 6 feet high. The
Applicant shall maintain the fence for the life of the Project.
5. Landscaping. Applicant will comply with Section 35-121 Fencing – Screening. At the
perimeter locations, the setback will include a minimum 15-foot-wide landscaped area
comprised of any existing vegetation supplemented as needed with a staggered row of
planted trees or large shrubs. The vegetation shall be evergreen and designed to be at
least 15 feet in height at maturity of any new plantings and shall be a minimum of 6 feet
in height at time of planting. Existing vegetation shall be maintained and supplemented
with new plantings as needed to maintain required screening. Prior to construction and
site plan approval, a landscaping maintenance plan will be submitted to the Zoning
Administrator for approval, which shall provide for the posting of a bond or other surety
in an amount sufficient to ensure that the plantings are successfully established, and the
landscaping is maintained or replaced during the life of the Project.
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6. Construction Management and Mitigation. Prior to construction, the Applicant shall
prepare and submit to the Zoning Administrator a construction management plan to
address traffic control methods, site access, fencing, lighting, mitigation of construction
operations, and hours of construction activity.
7. Road Repairs. All public and private roads must remain open during construction. Any
damage to roads caused by construction will be promptly repaired to preconstruction
conditions and/or VDOT standards where deemed necessary.
8. Erosion and Sediment Control. Prior to construction, an approved erosion and sediment
control plan will be implemented for the entire Project, and an erosion and sediment
control bond will be provided.
9. Stormwater Management. Prior to construction, a Virginia Stormwater Management
Program Permit from the Virginia DEQ will be obtained for the Project, including an
approved Stormwater Pollution Prevention Plan.
10. Operational Noise and Electrical Interference. The Project will comply with all
applicable County requirements for noise and shall not generate or create electrical
interruptions or interference with existing electrical or electronic uses.
11. Operational Light. Fixed lighting at the perimeter of the Project will be limited to gates
and will be shielded/downward facing to minimize light spillage and shall be motion-
activated.
12. Compliance. The project shall be designed, constructed, and tested to meet all applicable
local, state, and federal standards.
13. Decommissioning. In accordance with Section 35-141(E), the applicant shall completely
decommission the facility within 12 months, if the facility ceases to generate electricity
for a continuous period of 12 months, including all solar collectors, cabling, electrical
components, fencing and any other associated equipment, facilities and structures. Prior
to construction and approval of the entire site plan, a decommissioning plan will be
submitted to the Zoning Administrator, which shall provide for the posting of a bond or
other surety acceptable to the County in the amount of the decommissioning costs, not
including salvage value, for the Project.
14. Start of construction. The SUP will expire unless construction of the entire Project is
commenced within 3 years of the date of issuance of the SUP.
15. Survival. So long as the Project is operated in conformance with these conditions, the
SUP shall continue for the life of the Project.
16. Comply with all DEQ regulations regarding nonpoint source pollutants. Chemical
sprays used in weed control shall comply with DEQ regulations.
17. Fire and Rescue Training. The applicant shall provide annual training to the local fire
department regarding battery storage.
PLANNING COMMISSION MOTIONS:
1. Recommend approval of Case S-21-012 as submitted.
2. Recommend approval of Case S-21-012 subject to conditions by staff.
3. Recommend approval of Case S-21-012 subject to conditions by the Planning
Commission.
4. Recommend denial of Case S-21-012 as submitted.
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ATTACHMENTS:
A. Application
B. Maps and Directions
C. Letter of Intent
D. Executive Summary
E. Petition
F. Sign Affidavit
G. Adjacent Parcel Owners
H. Special Power of Attorney
I. Conceptual Plan
PLANNING COMMISSION RECOMMENDATION:
On November 4, 2021, the Planning Commission recommended by a 7 to 0 vote, with no
opposition, that the petitioners’ request be granted with the conditions submitted by staff.
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8.1.a
Packet Pg. 10 Attachment: Case S-21-012 Axton Solar App (2886 : Public Hearing: Case S-21-012 Axton Solar, LLC)
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Packet Pg. 81 Attachment: Case S-21-012 Axton Solar Proposed Map (2886 : Public Hearing: Case S-21-012 Axton Solar, LLC)
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Packet Pg. 82 Attachment: Case S-21-012 Axton Map 1 (2886 : Public Hearing: Case S-21-012 Axton Solar, LLC)
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Board of Zoning Appeals
STAFF SUMMARY
Case: Public Hearing: Case S-
21-015; Harry Parks
District:
Zoning Request: SUP
Agenda Date: December 13, 2021
Meeting History:
SUBJECT
Requested by Harry Parks, for a Special Use Permit for a Single-Wide Mobile Home. The
property is 1.27 acres, located at 513 Hickory Road in the Banister Election District and shown
on the Tap Map as GPIN # 2416-10-5000.
BACKGROUND/DISCUSSION
Harry Parks is requesting a Special Use Permit to allow for the placement of a single-wide
mobile home on the property to be used as his personal residence. PCC § 35-223 requires a
Special Use Permit for mobile homes under the R-1 zoning classification. The property is
currently vacant. If a Special Use Permit is granted, all applicable setback requirements and
Building Code regulations would have to be met before the mobile home could be placed on the
property.
FUTURE LAND USE DESIGNATION
The Comprehensive Plan designates the future land use as Agricultural and Rural Residential.
ZONING OF SURROUNDING PROPERTIES
Mostly surrounded by A-1, Agricultural District, and R-1, Residential Suburban Subdivision
District
SITE DEVELOPMENT PLAN
N/A
RECOMMENDATION
Staff recommends APPROVAL of Case S-21-015 as submitted.
PLANNING COMMISSION MOTIONS:
1. Recommend approval of Case S-21-015 as submitted.
2. Recommend approval of Case S-21-015 subject to conditions by the Planning
Commission.
3. Recommend denial of Case S-21-015 as submitted.
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ATTACHMENTS:
A. Application
B. Maps and Directions
C. Letter of Intent
PLANNING COMMISSION RECOMMENDATION:
On November 4, 2021, the Planning Commission recommended by a 7 to 0 vote, with no
opposition, that the petitioners’ request be granted.
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Packet Pg. 86 Attachment: Case S-21-015 Harry Parks App (2884 : Public Hearing: Case S-21-015; Harry Parks)
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Packet Pg. 90 Attachment: Case S-21-015 Harry Parks App (2884 : Public Hearing: Case S-21-015; Harry Parks)
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Packet Pg. 91 Attachment: Case S-21-015 Harry Parks App (2884 : Public Hearing: Case S-21-015; Harry Parks)
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Packet Pg. 92 Attachment: Case S-21-015 Harry Parks App (2884 : Public Hearing: Case S-21-015; Harry Parks)
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Packet Pg. 93 Attachment: Case S-21-015 Harry Parks App (2884 : Public Hearing: Case S-21-015; Harry Parks)
8.2.b
Packet Pg. 94 Attachment: Case S-21-015 Harry Parks Map (2884 : Public Hearing: Case S-21-015; Harry Parks)
Board of Zoning Appeals
STAFF SUMMARY
Case: Public Hearing: Case S-
21-016; Olde Dominion
Agricultural Foundation
District:
Zoning Request: SUP
Agenda Date: December 13, 2021
Meeting History:
SUBJECT
Requested by Olde Dominion Agricultural Foundation, for a Special Use Permit for a
campground. The property is 49.15 acres, located at 19783 US Hwy 29 in the Banister Election
District and shown on the Tap Maps as GPIN # 2417-83-6705.
BACKGROUND/DISCUSSION
The applicant is requesting a Special Use Permit to operate a campground on the subject
property. The subject property is zoned A-1, Agricultural District. According to Pittsylvania
County Code C 35-179, campgrounds are allowed by Special Use Permit. Olde Dominion
Agricultural Center hosts a variety of events that draw crowds from all over the East Coast. Due
to the lack of available hotel rooms in the immediate area and the nature of many of their events,
ODAC would like to offer camping to their attendees.
A site plan showing the location of the proposed campground, which will include 36 spaces, and
all associated amenities is included in the packet. The site plan, as presented, meets the
campground requirements of PCC § 35-138. If approved, the campground would require a
permit from the Virginia Department of Health before it could become operational.
DIRECTIONS
The address is 19783 US Hwy 29.
SURROUNDING LAND USE AND ZONING DISTRICTS
Mostly surrounded by A-1, Agricultural District, and M-1, Light Industry, M-2, Heavy Industry,
and R-1 Residential Suburban Subdivision District, zoned properties.
SITE DEVELOPMENT PLAN
N/A
RECOMMENDATION
Staff recommends APPROVAL of the Special Use Permit with the following conditions:
8.3
Packet Pg. 95
1. Must remain in compliance with all applicable Virginia Department of Health
regulations.
PLANNING COMMISSION MOTIONS:
1. Recommend approval of Case S-21-016 as submitted.
2. Recommend approval of Case S-21-016 subject to conditions by staff.
3. Recommend approval of Case S-21-016 subject to conditions by the Planning
Commission.
4. Recommend denial of Case S-21-016 as submitted.
ATTACHMENTS:
A. Application
B. Letter of Intent
C. Executive Summary
D. Petition
E. Sign Affidavit
F. Adjacent Parcel Owners
PLANNING COMMISSION RECOMMENDATION:
On November 4, 2021, the Planning Commission recommended by a 7 to 0 vote, with no
opposition, that the petitioners’ request be granted.
8.3
Packet Pg. 96
8.3.a
Packet Pg. 97 Attachment: Case S-21-016 ODAC App (2885 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation)
8.3.a
Packet Pg. 98 Attachment: Case S-21-016 ODAC App (2885 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation)
8.3.a
Packet Pg. 99 Attachment: Case S-21-016 ODAC App (2885 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation)
8.3.a
Packet Pg. 100 Attachment: Case S-21-016 ODAC App (2885 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation)
8.3.a
Packet Pg. 101 Attachment: Case S-21-016 ODAC App (2885 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation)
8.3.b
Packet Pg. 102 Attachment: Case S-21-016 ODAC Map (2885 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation)
8.3.cPacket Pg. 103Attachment: Case S-21-016 ODAC Site Plan (2885 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation)
8.3.dPacket Pg. 104Attachment: CaseS-21-016 ODAC Concept Plan (2885 : Public Hearing: Case S-21-016; Olde Dominion Agricultural Foundation)