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BZA Minutes 10 13 2022October 13, 2022 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting October 13, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on October 13, 2022 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman R. Allan Easley, called the meeting to order at 6:00 PM. The following members were present: Attendee Name Title Status Arrived R. Allan Easley Chairman Present 5:37 PM Ronald E. Merricks Vice-Chairman Present 5:40 PM Ryland Brumfield Board Member Present 5:39 PM Joseph A. Craddock Board Member Present 5:39 PM Ann Deering Board Member Present 5:39 PM Hershel Stone Board Member Present 5:40 PM Carroll Yeaman Board Member Present 5:36 PM APPROVAL OF AGENDA Upon motion of Mr. Yeaman, seconded by Mr. Stone, and by a unanimous vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman APPROVAL OF MINUTES 1. BZA Minutes 09 12 2022 Upon motion of Mr. Merricks, seconded by Mr. Craddock, and by a unanimous vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Joseph A. Craddock, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman OLD BUSINESS Mrs. Ragsdale stated that the joint work session for the zoning ordinance rewrite will take place on October 18th at 2:00 p.m. This will be the first of seven meetings that will be held every other month before Board of Supervisor meetings. NEW BUSINESS Mrs. Ragsdale stated there will be one Special Use Permit case for the month of November. CHAIRMAN'S REPORT There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case S-22-020 Olde Dominion Agricultural Foundation, Inc; Special Use Permit for a Private Recreational Facility (Event Venue) The zoning precepts were read by Mr. Easley to open the public hearing at 6:04 p.m. Mrs. Ragsdale, Director of Community Development, reported that Olde Dominion Agricultural Foundation, Inc. petitioned for a Special Use Permit for a Private Recreational Facility (Eve nt Venue) on three parcels totaling 20.71 acres, located on US Highway 29 in the Banister Election District. Mrs. Ragsdale represented the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:06 p.m. Mr. Yeaman stated this facility is an asset to the county. The Board discussed the petition as the Committee of the Whole. Whereas, Olde Dominion Agricultural Foundation, Inc. has petitioned the Board of Zoning Appeals for a Special Use Permit for a Private Recreational Facility (Event Venue). A motion was made by Mr. Merricks, seconded by Mr. Brumfield, that the Board of Zoning Appeals grant the Special Use Permit. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Ryland Brumfield, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman 2. Public Hearing: Case S-22-021 Hopewell Solar, LLC; Special Use Permit for a Utility Scale Solar Energy Facility Mr. Easley recused himself due to personal interest in this case as being an adjacent parcel owner. Mr. Stowe also recused himself as being an adjoining parcel owner. Mr. Merricks opened the public hearing at 6:11 p.m. Mrs. Ragsdale, Director of Community Development, reported that Hopewell Solar, LLC, petitioned for a Special Use Permit for a utility scale solar facility on twenty- eight (28) parcels totaling 2578.49 acres, located on State Road 834/Hopewell Road, State Road 718/Dry Fork Road, State Road 1044/Beechnut Road, State Road 1099/Hylton Lane and State Road 772/Daniel Court in the Tunstall and Chatham-Blairs Election Districts and shown on the Tap Map as GPIN #s 1493-76-7622, 1493-76-7998, 2403-00-5787, 1492-98-8403, 2402-57-2108, 2402-19-7738, 1493-83-5560, 1493-66-0628, 1493-46-2160, 2402-33-9883, 2402-26-5974, 2402- 41-1695, 2402-14-7646, 2402-58-5611, 2403-50-9989, 2403-71-4078, 2402-49-6956, 2402-65- 2646, 2402-37-9409, 2402-77-0019, 2403-90-5329, 2413-42-0015, 2413-11-3937, 2413-44-6256, 2413-55-1717, 2413-21-1679, 2413-24-0281, 2413-66-8522. Anthony Deyerle represented the petition and presented a power point presentation. This project will be up to 149 megawatts. Approximately 2,100 acres will be under site control with only 900 acres having solar panels, buffers and setbacks have also been increased on this project. Mr. Deyerle stated that the goal of this project was to conceal it as much as possible. He also stated that the construction period will be 12-18 months. Mr. Merricks asked who owns the project. Mr. Deyerle stated that Dominion Energy is interested. There was no opposition to the petition. Mr. Merricks closed the public hearing at 6:24 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Hopewell Solar, LLC. has petitioned the Board of Zoning Appeals for a Special Use Permit for a utility scale solar facility. A motion was made by Mr. Yeaman, seconded by Mrs. Deering, that the Board of Zoning Appeals grant the Special Use Permit with 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 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 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. Upon request, staff can administratively grant up to one (1) additional year. 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 battery storage. 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. RESULT: APPROVED [5 TO 0] MOVER: Carroll Yeaman, Board Member SECONDER: Ann Deering, Board Member AYES: Merricks, Brumfield, Craddock, Deering, Yeaman ABSTAIN: Easley, Stone ADJOURNMENT The meeting was adjourned at 6:29 p.m.