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PC 03 01 2022 PLANNING COMMISSION REGULAR MEETING Tuesday, March 1, 2022 – 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. PLEDGE OF ALLEGIANCE V. 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. VI. APPROVAL OF AGENDA VII. APPROVAL OF MINUTES 1. PC Minutes 02_01_2022 VIII. CHAIRMAN'S REPORT IX. PUBLIC HEARING Regular Meeting - March 1, 2022 Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Planning Commission have been empowered to hear and decide specific applications in support of said ordinance and to make recommendations to the Board of Supervisors or the Board of Zoning Appeals. 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 regarding zoning cases will be limited to (3) three minutes. Case Public Hearing: Case R-22-007; Barry and Jeanette Haskins: Public Hearing: Case R-22-007; Barry and Jeanette Haskins; Rezoning from R-1,Residential Suburban Subdivision District, to A-1, Agricultural District (Mease) Case Public Hearing: Case R-22-010; Mark Blanchett: Public Hearing: Case R-22- 010; Mark Blanchett; Rezoning from RRC-1, Residential Combined Suburban Subdivision District, to A-1, Agricultural District (Oakes) Case Case S-22-003 Firefly Solar, LLC: Case S-22-003 Firefly Solar, LLC; Special Use Permit for a Utility Scale Solar Energy Facility (Horne) X. OLD BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT Planning Commission STAFF SUMMARY Case: PC Minutes 02_01_2022 District: Zoning Request: Agenda Date: March 01, 2022 Meeting History: 7.1 Packet Pg. 3 February 1, 2022 Regular Meeting Pittsylvania County Planning Commission Regular Meeting February 1, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on February 1, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman - Westover District H.F. Haymore, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived H.F. Haymore Chairman - Westover District Present 6:32 PM Nathan Harker Vice Chairman - Staunton River District Present 6:32 PM Colette Henderson Member - Banister District Absent 6:34 PM Janet Mease Member - Callands-Gretna District Present 6:33 PM Brian K. Horne Member - Dan River District Present 6:37 PM Gary Oakes Member - Tunstall District Present 6:32 PM Richard Waters Member - Chatham-Blairs District Present 6:34 PM Darrell Dalton Board of Supervisors Rep Present 6:37 PM HEARING OF CITIZENS APPROVAL OF AGENDA A motion was made by Mr. Harker, seconded by Mr. Oakes, and by a seven (7) to zero (0) vote, the agenda as approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Gary Oakes, Member - Tunstall District AYES: Haymore, Harker, Mease, Horne, Oakes, Waters, Dalton ABSENT: Henderson APPROVAL OF MINUTES 1. PC Minutes 01_04_2022 A motion was made by Mrs. Mease, seconded by Mr. Waters, and by a seven (7) to zero (0) vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Richard Waters, Member - Chatham-Blairs District AYES: Haymore, Harker, Mease, Horne, Oakes, Waters, Dalton ABSENT: Henderson CHAIRMAN'S REPORT There was no Chairman's Report. 7.1.a Packet Pg. 4 Attachment: 02_01_2022 PC Minutes packet (3035 : PC Minutes 02_01_2022) PUBLIC HEARING 1. Public Hearing: Case R-22-004 John David & Audrey Moss; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Haymore) Mr. Haymore opened the public hearing at 7:04 p.m. Mrs. Ragsdale, Director of Community Development, reported that John David and Audrey Moss petitioned to rezone 34.25 acres, generally located off State Road 311/Berry Hill Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District, to use for agricultural purposes. Audrey Moss was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:06 p.m. Mrs. Moss stated that she will install a driveway and will be planting crops and wants to get into compliance with the zoning ordinance. A motion was made by Mr. Horne, seconded by Mr. Harker to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Brian K. Horne, Member - Dan River District SECONDER: Nathan Harker, Vice Chairman - Staunton River District AYES: Haymore, Harker, Mease, Horne, Oakes, Waters, Dalton ABSENT: Henderson 2. Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Harker) Mr. Haymore opened the public hearing at 7:07 p.m. Mrs. Ragsdale, Director of Community Development, reported that Miriam Sanchez-Maldonador and Alexis Ocasio-Diaz petitioned to rezone 1.95 acres, generally located at 5460 Renan Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District, to allow for a second dwelling. Miriam Sanchez-Maldonador and Alexis Ocasio-Diaz were present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:09 p.m. A motion was made by Mr. Harker, seconded by Mr. Waters to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Richard Waters, Member - Chatham-Blairs District AYES: Haymore, Harker, Mease, Horne, Oakes, Waters, Dalton ABSENT: Henderson 3. Public Hearing: Case R-22-006 Horace Guill; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Henderson) Mr. Haymore opened the public hearing at 7:09 p.m. Mrs. Ragsdale, Director of Community Development, reported that Horace Guill petitioned to rezone 0.997 acres, generally located on State Road 64/Riceville Road, in the Banister Election District from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow for adjustment of property lines. Mr. Guill 7.1.a Packet Pg. 5 Attachment: 02_01_2022 PC Minutes packet (3035 : PC Minutes 02_01_2022) was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:10 p.m. A motion was made by Mrs. Mease, seconded by Mr. Harker to recommend the Board of Supervisors grant the rezoning request. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Nathan Harker, Vice Chairman - Staunton River District AYES: Haymore, Harker, Mease, Horne, Oakes, Waters, Dalton ABSENT: Henderson 4. Case S-22-003 Firefly Solar LLC; Special Use Permit for a Utility Scale Solar Energy Facility (Horne) Mr. Haymore opened the public hearing at 7:12 p.m. Mrs. Ragsdale, Director of Community Development, reported that Firefly Energy LLC, petitioned for a Special Use Permit, on 3,791.95 acres (19 parcels of land) located off State Road 58/South Boston Highway, State Road 713/Rocksprings Road, State Road 7128/White Ridge Road, State Road 62/Milton Highway, Sate Road 899/Cardwell Lane, State Road 656/Kerns Church Road, and State Road 970/Pounds Road, in the Dan River Election District. Jayce Walker, Development Manager with Firefly Energy LLC, was present to represent the petition. Mr. Walker stated that Recurrent Energy has over 50 projects in 5 states that remain in operation. He stated that Firefly will be a 150-megawatt project and that they are submitting the Special Use Permit application in accordance with Section 35-141 of the Zoning Code, governed by Sections C, D, E, & F. Mr. Walker stated that they are confident they meet the requirements of the Code. He stated that this facility is not located within 1 mile of another Utility-Scale Solar Energy Facility and meets the requirements of Section 35-141(D). The site plan submitted shows that they meet the 150- and 200-foot setbacks that are required along property lines. He stated that they have also conducted glare analysis and a decommissioning plan which puts them in accordance with section 35-141(E), have met the five (5) requirements of section 35-141(F). Mr. Walker presented before and after renderings of the properties, showing what they will look like in the future with vegetative buffers. Mr. Walker requested that Condition 2 be amended to exempt pole mounted electric lines from the 15-foot height requirement, along with the collection yard and substation and Condition 18 be revised to provide solar photovoltaic training in lieu of battery storage facilities since this project does not have a battery storage component. He stated that a siting agreement is in place with the Board of Supervisors, requiring payments in the amount of 2.25 million dollars prior to the project becoming operational, and additional $12.2 million dollars over 35 years of operation for the project. During the construction period of 12-15 months, the project will offer 355 construction jobs and during the operation period of 30-35 years, 4 full-time jobs will be provided. In closing, he thanked the Board for their consideration. Mr. Haymore opened the floor for discussion with residents that had signed up to speak. First to speak was Mr. John Walters. He stated that he has been a resident of Cardwell Lane for 33 1/2 years and has truly loved the quiet lifestyle for many years. He fears that this lifestyle will be changing with the construction and decommissioning of this solar project. He stated that he feels that this project is for profit only, absolutely no advantage from this project for the residents of Cardwell Lane. He does not anticipate the electricity being sold to the City of Danville; the only advantage will be an increase in taxes. Pat Bass spoke next, stating that she is also a resident of Cardwell Lane. Her biggest concern is how this will affect property values. She is in 7.1.a Packet Pg. 6 Attachment: 02_01_2022 PC Minutes packet (3035 : PC Minutes 02_01_2022) real estate, and she feels that this will decrease value on surrounding residential properties. She stated that residents were under the impression that there would be a 300-foot buffer between the solar panels and the road, she has a drawing that shows 150 feet, so she recommends 300 feet since it is a residential area. She also stated that lots of residents have questions, and she felt that Firefly Energy LLC should answer them. Tenika Valentine was next to speak, stating that she is concerned about any hazards and said it will be different having something like this in the community. Next to speak was Jerry Fitzgerald. He boards horses on 10 acres on Highway 58. He was concerned about what will happen if the horses escape the fencing and wanted to know if the area will be fenced in so the horses will not be harmed. He was also concerned about growing his garden if there is battery storage close by. Next to speak was Denise Sheffield. She stated that her home had recently been purchased from the Anderson's who are leasing property to Firefly LLC. She stated they did not know any of this was going on until they received a letter the previous Thursday and saw the properties posted on January 28th. She stated that they were extremely blind-sided and found that their home will be completely encompassed. Ms. Sheffield said that this was their dream and their life savings, she invited the Board members to come out and see their property. She stated that the mock-up that she found on-line does not do it justice that it is literally out her back door. She stated that they purchased this home for the community, was very excited and extremely happy up until last Thursday. She asked that the Board reject the application if possible, or at least defer to allow for time for her to gather questions in such short notice since they were blind-sided and in a complete tailspin. Mr. Sheffield then spoke and said this property was purchased so they could retire there for the rest of their life for the atmosphere and the aesthetics, but they will be looking out of their windows seeing solar panels, completely around their house, no more wildlife or livestock. Next to speak was Francis Pauling. She stated that she attended the meeting held on January 11th at Ringgold Fire Department. She said that she made no sense of that meeting and now she is at the Planning Commission hoping to get answers. Next to speak was William Powell. He stated that he is proud to see these people coming in and this industry will help with our tax base. He stated that real estate owners in the County are taking a beating to keep the County going and this will help. Mr. Haymore called Jayce Walker back to answer questions. Mr. Walker thanked everyone that spoke and offered feedback and concerns. He stated that these facilities are simple in nature and are a pretty substantial capital investment, but there is not a lot of long-term job creation like a manufacturing facility. Mr. Walker said that the primary benefit of these projects is to provide tax revenue for the County. All environmental studies such as reviewing threatened and endangered species will be reviewed and approved by the U. S. Fish and Wildlife Service, and the Virginia Fish and Wildlife Service. Firefly is aware that the northern long-eared bat habitats are on the property in question, so they have to be careful about removing any timber on the property and that it has to happen during certain months where those bats are not present and will be very careful to not disturb wildlife habitats. Mr. Walker also stated that they have conducted a third-party study on property values that is in the permit application. It looked at several similar projects and did a before and after study of the property values and there is no material impact to the property values after the implementation of such a facility as this. Regarding setbacks, Mr. Walker stated that he would like to speak to some of the folks that commented after this meeting to better understand their concerns and see what they can do to accommodate those concerns. He stated that while water quality was mentioned, the deepest they go into the soil is for piles that support the racking systems and dig to about 8 feet in depth, they will not be going into aquifers or anything like that. In regard to water, one of Firefly’s primary considerations is stormwater. They are entirely responsible for making sure that any water that is 7.1.a Packet Pg. 7 Attachment: 02_01_2022 PC Minutes packet (3035 : PC Minutes 02_01_2022) used on site for construction flows in a way that does not impact local surroundings, so they have to have drainage basins, silt fences. Mr. Walker stated that they manage stormwater very carefully through a permit that they apply for from the state. He stated that they hope to apply for that permit around June. Mr. Walker also addressed environmental concerns of the panels themselves. He stated that they are fully enclosed tempered glass, which is similar to a windshield, so if a panel does break, it does not shatter like a glass would. It is tempered so it will stay in one piece. He also stated that the panels are fully sealed from the time they arrive to the facility to the time that they are disposed of through the decommissioning plan and that there is no battery energy storage for this project, it is only photovoltaic technology that they are utilizing. He apologized that some folks feel that they were not made aware of this project until recently, stating that they did send out letters on December 23rd and 24th to all neighbors of the project, inviting them to the community meeting on January 11th. He stated that they had about 30 attendees for a 2-hour session, answered questions and heard concerns at that time to start working with folks who might have concerns regarding the project. Mr. Horne asked if they are aware of the 19 conditions set forth by this office that they must abide by. Mr. Walker stated they were. Mr. Horne stated that the first project in the county was in the Dan River District, and that he was sorry to say that this Commission and office failed at that project miserably. Mr. Horne stated that he felt that individuals’ concerns were not met at the town hall meeting and recommended that Firefly sit down on an individual basis and iron out the differences. He stated that this 3,700-acre project is of overwhelming magnitude in size to this Commission, and while he doesn't know if his fellow commissioners agreed with him or not, he would like to see more town hall meetings to answer concerns of the citizens. Mr. Horne also stated that thinks each property owner should be visited personally to look at their individual needs or necessities or concerns. Mr. Horne suggested to the Chairman to make a motion to continue the application process to a later time to allow Firefly Energy LLC to address more concerns of those affected people in the area. Mr. Walker stated that he wanted to mention that the project design is more in the realm of 1,300 - 1,500 acres. He stated that while they have large parcels, the actual facility is going to be consolidated to about half that size. Mr. Waters stated he would like to hear a little background on Recurrent Energy, projects that have been done, successes, failures that they've experienced. Mr. Walker stated that Recurrent has been in business for over 15 years. California was their first market, and they have 40 projects that are currently operating today. He stated that this will be the first project to go into construction in Virginia. Mr. Walker also stated they are also overseeing the Blue Ridge Solar project that was permitted in mid-2020 that is being worked on in this county. Mr. Waters also stated that he wanted to know the timeline of a project this size. Mr. Walker stated that Firefly Energy LLC’s intention is to start construction early 2023. He said that Construction will take between 12 - 15 months depending on weather and would be completed during the second quarter of 2024 and will become operational. He stated that the project will operate 30 - 35 years. Mr. Waters asked if they had any idea of how many residences will be affected by this project. Mr. Walker stated that 80 letters were sent out to neighbors of the project to invite them to the town hall meeting, but he is not certain how many properties have residences on them. Mr. Dalton wanted to know if acreage could be moved within the property to get away from these citizens. Mr. Walker said that was a great question and he had it in his notes to see what flexibility they have. He stated the discrepancy in acreage with the 3,700 and the 1,500 acres that he mentioned is because they have some properties that are only going to be utilized for a collection line to run through the property to connect areas of solar panels to one another. He said that could be 300 acres they are seeking to be permitted, but that will only be utilized for a collection line that looks similar to the electrical line in your 7.1.a Packet Pg. 8 Attachment: 02_01_2022 PC Minutes packet (3035 : PC Minutes 02_01_2022) neighborhood. Walker stated that when setbacks, wetlands and floodplains, and habitats are accounted for, they quickly start to lose acreage. He also stated that if setbacks of 150- 200 feet are not satisfactory they can certainly investigate that. Mr. Haymore asked if the collection lines are above ground or below ground. Mr. Walker said they are above ground. Mrs. Mease said that if there is anything that can be worked out with these people, it would certainly be appreciated. She agreed with Mr. Horne that more meetings are needed one-on-one if they have the time. Mr. Oakes said now is the time to get these problems ironed out before anything else goes on. He stated that this project is pretty spread out and they will have to deal with DEQ and the Army Corps of Engineers. He also mentioned that is a lot of water in that area that will need to be worked around. Mrs. Mease asked about the maintenance program after the panels are in place and if there would be someone there full time to keep check on the site. Mr. Walker said that would be in place with the operations and maintenance agreement that must be in place for every project. Mr. Haymore stated the board received letters of opposition from citizens that were unable to attend the meeting (Ludlow and Blanche Quesenberry, Sarah Brown, Melinda Williams-Gray and Hilda Valentine). Mr. Waters asked Mr. Walker if this case is delayed if his company had time set aside to meet with each of these citizens or how would that work. Mr. Walker said they would make it a priority. Mr. Haymore closed the public hearing at 7:56 p.m. Vaden Hunt stated if the case is delayed, the state and local code says that if an application is not acted on within 60 days, it is deemed approved and it will move on the Board of Zoning Appeals, so this case will need to be heard at the next meeting. Mr. Horne stated that he just wants to give these people ample time to get their concerns addressed. Mr. Horne said he is not comfortable voting yay or nay and he would like to make a motion that they continue this for another month until these folks can have their concerns addressed one-on- one. Mrs. Mease asked if this would give Mr. Walker enough time to have the meetings by next month before she seconded the motion. Mrs. Ragsdale stated Firefly has the option to withdraw their application to give them time, but if the application is not withdrawn and the Planning Commission does not recommend either approval or denial, it moves on to BZA regardless with a recommendation of approval so that it does not hold the process up. Mrs. Mease seconded the motion. Motion passed by a seven (7) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Brian K. Horne, Member - Dan River District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Mease, Horne, Oakes, Waters, Dalton ABSENT: Henderson OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale stated there will be 5 rezoning cases plus the Planning Commission will hear the Firefly Energy, LLC case again. ADJOURNMENT The meeting adjourned at 8:00 pm. 7.1.a Packet Pg. 9 Attachment: 02_01_2022 PC Minutes packet (3035 : PC Minutes 02_01_2022) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-007; Barry and Jeanette Haskins District: Callands-Gretna Election District Zoning Request: R-1 to A-1 Agenda Date: March 01, 2022 Meeting History: SUBJECT Requested by Barry and Jeanette Haskins, to rezone property located at 3800 Weal Road, in the Callands-Gretna Election District and shown on the Tax Map as GPIN# 1496-24-3060. The applicants are requesting to rezone a total of 1.48 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for the placement of an accessory building. BACKGROUND/DISCUSSION On December 21, 2021, the Code Official for Pittsylvania County mailed a letter to Barry and Jeanette Haskins notifying them that a Building Permit was required for the accessory structure that had been placed on their property. When they came into the office to obtain a building permit, such permit could not be issued because the building had been placed in the front yard, violating Pittsylvania County Code § 35-74 (2)(b) which states “no detached accessory building may be located in the front yard of a lot” in residential districts. The property is currently zoned R-1, therefore, requiring the building to be placed in the side or rear yard. The applicants are requesting to rezone the subject property from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the accessory structure to remain in the current location. If the rezoning is approved, the structure would meet the required front yard setback and would be allowed to remain. At that time, a building permit could be issued, bringing this structure into compliance. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District properties. 9.1 Packet Pg. 10 RECOMMENDATION Staff recommends APPROVAL of Case R-22-007, submitted by Barry & Jeanette Haskins, requesting to rezone a total of 1.48 acres located at 3800 Weal Road, in the Callands-Gretna Election District and shown on the Tax Map as GPIN# 1496-24-3063, to allow for placement of an accessory building. The subject property is adjacent to properties currently zoned A-1, Agricultural District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-007 as submitted. 2. Recommend denial of Case R-22-007 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.1 Packet Pg. 11 9.1.a Packet Pg. 12 Attachment: R-22-007 Barry Haskins App (3033 : Public Hearing: Case R-22-007; Barry and Jeanette Haskins) 9.1.a Packet Pg. 13 Attachment: R-22-007 Barry Haskins App (3033 : Public Hearing: Case R-22-007; Barry and Jeanette Haskins) 9.1.a Packet Pg. 14 Attachment: R-22-007 Barry Haskins App (3033 : Public Hearing: Case R-22-007; Barry and Jeanette Haskins) 9.1.a Packet Pg. 15 Attachment: R-22-007 Barry Haskins App (3033 : Public Hearing: Case R-22-007; Barry and Jeanette Haskins) 9.1.a Packet Pg. 16 Attachment: R-22-007 Barry Haskins App (3033 : Public Hearing: Case R-22-007; Barry and Jeanette Haskins) 9.1.a Packet Pg. 17 Attachment: R-22-007 Barry Haskins App (3033 : Public Hearing: Case R-22-007; Barry and Jeanette Haskins) 9.1.a Packet Pg. 18 Attachment: R-22-007 Barry Haskins App (3033 : Public Hearing: Case R-22-007; Barry and Jeanette Haskins) 9.1.b Packet Pg. 19 Attachment: R-22-007 Barry Haskins Map (3033 : Public Hearing: Case R-22-007; Barry and Jeanette Haskins) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-010; Mark Blanchett District: Tunstall District Election District Zoning Request: RC-1 to A-1 Agenda Date: March 01, 2022 Meeting History: SUBJECT Requested by Mark Blanchett, to rezone properties located at 16588 & 16596 Martinsville Hwy, in the Tunstall Election District and shown on the Tax Map as GPIN#s 1339-96-3346, 1339-85- 8747, 1339-85-7611, & 1339-95-0733. The applicant is requesting to rezone a total of 19.76 acres from RC-1, Residential Combined Suburban Subdivision District, to A-1, Agricultural District, to allow for a campground. BACKGROUND/DISCUSSION Mark Blanchett is requesting to rezone a total of 19.76 acres from RC-1, Residential Combined Suburban Subdivision District, to A-1, Agricultural District, to allow for a campground. The properties were previously occupied by a legal nonconforming mobile home park. Community Development was notified that recreational vehicles (“RVs”) were being placed on the property, violating Pittsylvania County Code §35-86 that requires RVs to be located within an approved campground. Prior to Staff being able to cite the property owner, Mr. Blanchett contacted the Community Development office as the new property owner, inquiring about expanding the number campsites. Once the violation was brought to his attention, he submitted this application to rezone the property to A-1 in preparation for applying for a Special Use Permit to operate a campground in accordance with PCC § 35-179. If the rezoning application is approved, the applicant will need to be granted by the Board of Zoning Appeals and a permit issued by the Virginia Department of Health before the property could be used as a campground. Mr. Blanchett has stated that his plans are to remove the existing mobile homes, converting the entire property to a campground. Once the properties are rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES 9.2 Packet Pg. 20 Adjacent to A-1, Agricultural District and RC-1, Residential Combined Suburban Subdivision District properties. RECOMMENDATION Staff recommends APPROVAL of Case R-22-010, submitted by Mark Blanchett, requesting to rezone a total of 19.76 acres located at 16588 & 16596 Martinsville Hwy, in the Tunstall Election District and shown on the Tax Map as GPIN#s 1339-96-3346, 1339-85-8747, 1339-85- 7611 & 1339-95-0733, to allow for a campground. The subject properties are adjacent to a property currently zoned A-1, Agricultural District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-010 as submitted. 2. Recommend denial of Case R-22-010 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.2 Packet Pg. 21 9.2.a Packet Pg. 22 Attachment: R-22-010 Mark Blanchet App (3034 : Public Hearing: Case R-22-010; Mark Blanchett) 9.2.a Packet Pg. 23 Attachment: R-22-010 Mark Blanchet App (3034 : Public Hearing: Case R-22-010; Mark Blanchett) 9.2.a Packet Pg. 24 Attachment: R-22-010 Mark Blanchet App (3034 : Public Hearing: Case R-22-010; Mark Blanchett) 9.2.a Packet Pg. 25 Attachment: R-22-010 Mark Blanchet App (3034 : Public Hearing: Case R-22-010; Mark Blanchett) 9.2.a Packet Pg. 26 Attachment: R-22-010 Mark Blanchet App (3034 : Public Hearing: Case R-22-010; Mark Blanchett) 9.2.a Packet Pg. 27 Attachment: R-22-010 Mark Blanchet App (3034 : Public Hearing: Case R-22-010; Mark Blanchett) 9.2.a Packet Pg. 28 Attachment: R-22-010 Mark Blanchet App (3034 : Public Hearing: Case R-22-010; Mark Blanchett) 9.2.b Packet Pg. 29 Attachment: R-22-010 Mark Blanchet Map (3034 : Public Hearing: Case R-22-010; Mark Blanchett) Planning Commission STAFF SUMMARY Case: Case S-22-003 Firefly Solar, LLC District: Dan River Election District Zoning Request: SUP Agenda Date: March 01, 2022 Meeting History: SUBJECT Requested by Firefly Energy, for a Special Use Permit for a Utility Scale Solar Energy Facility. The property is a total of 3,791.95 acres, located on or off of State Road 58/South Boston Highway, State Road 713/ Rocksprings Road, State Road 712/White Ridge Road, State Road 62/Milton Highway, State Road 899/Cardwell Lane, State Road 656/Kerns Church Road, and State Road 970/Pounds Road in the Dan River District and shown on the Tap Maps as GPIN #s 2366-89-5110, 2377-10-0771, 2377-19-7773, 2377-28-7820, 2378-16-7198, 2378-43-2871, 2366-22-0371, 2365-09-9405, 2366-45-0252, 2366-76-5758, 2368-96-5396, 2379-32-4712, 2379-31-4907, 2377-32-4574, 2377-26-8280, 2377-35-8467, 2377-40-3723, 2378-37-1379, and 2379-10-8873. BACKGROUND/DISCUSSION Firefly Energy LLC, is requesting a Special Use Permit to operate a utility scale solar energy facility on 3,791.95 acres, located off State Road 58/South Boston Highway, State Road 713/Rockford Springs Road, State Road 712/White Ridge Road, State Road 62/Milton Highway, State Road 899/Cardwell Lane, State Road 656/Kerns Church Road and State Road 970/Pounds Road in the Dan River Election District. The total project be a 150-megawatt (MW) alternating current (AC) utility scale solar energy facility, connecting to the American Electric Power grid through an interconnection to the existing transmission line. Approximately 1,293.82 acres will be covered in solar panels according to the information submitted by Firefly Energy LLC. In November 2021, the Board of Supervisors adopted amendments to PCC § 35-141 to reduce distance between approved projects from five (5) miles to one (1) mile. Additionally, the Zoning Ordinance also requires that new projects enter into negotiations with the Board of Supervisors for a siting agreement. On December 21, 2021, the Board of Supervisors approved a siting agreement with Firefly Solar LLC. This agreement is included in the packet. The Pittsylvania County Zoning Ordinance requires a site plan, viewshed protection plan and landscape plan to be submitted and approved prior to permits being issued to ensure compliance with setback and vegetative screening requirements and protection of the viewshed during 9.3 Packet Pg. 30 construction. 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 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. On February 1, 2022, the Planning Commission continued this case to allow Firefly Solar LLC the opportunity to meet with surrounding property owners who had expressed concerns relating to the project. A community meeting was held on February 24, 2022 and the applicant has submitted a letter detailing some of their efforts to address concerns. This letter is included in the packet. 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 100-foot-wide landscaped area comprised of any existing vegetation supplemented as needed with a staggered row of planted trees and large shrubs. All rows of planted vegetation shall be evergreen plantings 9.3 Packet Pg. 31 of varieties native or adaptable to the region, with one (1) row consisting of a variety expected to reach a minimum height of twenty-five (25) feet and the remaining rows of varieties designed to reach at least fifteen (15) feet in height at maturity. All evergreens shall be a minimum of six (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. Landscape renderings or simulations shall be sealed by a registered landscape architect. 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. Viewshed Protection. A Viewshed Protection Plan shall be submitted to and approved by the Director of Community Development prior to the issuance of permits, identifying appropriate measures that will be taken to protect the viewshed surrounding the project during construction. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Compliance. The project shall be designed, constructed, and tested to meet all applicable local, state, and federal standards. 14. 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 9.3 Packet Pg. 32 other surety acceptable to the County in the amount of the decommissioning costs, not including salvage value, for the Project. 15. 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. 16. Survival. So long as the Project is operated in conformance with these conditions, the SUP shall continue for the life of the Project. 17. Comply with all DEQ regulations regarding nonpoint source pollutants. Chemical sprays used in weed control shall comply with DEQ regulations. 18. Fire and Rescue Training. The applicant shall provide annual training to the local fire department regarding solar photovoltaic panels. 19. Ordinance Compliance. The project shall remain in compliance with all other applicable requirements of the Pittsylvania County Code § 35-141(D), § 35-141(E), and § 35-141(F) not specifically stated in the conditions of this Special Use Permit. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-003 as submitted. 2. Recommend approval of Case S-22-003 subject to conditions by staff. 3. Recommend approval of Case S-22-003 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-22-003 as submitted. ATTACHMENTS: A. Application B. Letter of Intent C. Executive Summary D. Petition E. Sign Affidavit F. Adjacent Parcel Owners G. Special Power of Attorney H. Conceptual Plan 9.3 Packet Pg. 33 9.3.a Packet Pg. 34 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 35 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 36 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 37 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 38 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 39 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 40 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 41 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 42 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 43 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 44 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 45 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 46 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 47 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 48 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 49 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 50 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 51 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 52 Attachment: S-22-003 Firefly Solar, LLC 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(3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 100 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 101 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 102 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 103 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 104 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 105 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 106 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 107 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 108 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 109 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 110 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 111 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 112 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 113 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 114 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 115 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 116 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 117 Attachment: S-22-003 Firefly Solar, LLC App (3036 : Case S-22-003 Firefly Solar, LLC) 9.3.a Packet Pg. 118 Attachment: 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