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BZA Minutes 09 08 2020 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING September 8, 2020 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, September 8, 2020, at the Community Center, Chatham, Virginia. Mr. Talbott, Chairman, called the meeting to order at approximately 7:00 p.m. Mrs. Ragsdale called the roll. PRESENT Kenneth Talbott R. Allan Easley Ann Deering Helen Glass Joseph “Jay” Craddock Ronald Merricks Carroll Yeaman Emily Ragsdale Karen N. Hayes Christopher Dadak, Attorney APPROVAL OF THE AGENDA Upon motion of Mr. Merricks, seconded by Mrs. Glass, and by a unanimous vote, the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Yeaman, seconded by Mrs. Deering, and by a unanimous vote, the August 11, 2020, minutes were approved as presented. OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale reported there are five (5) Special Use Permit cases for October: Special Use Permits for a landfill; for an amendment to existing conditions attached to Case S-19-010 for recreational uses, ATV trails; a kennel for boarding dogs; for repair and service of all-terrain vehicles (ATVs); and for a drive-in movie theater. Board of Zoning Appeals September 8, 2020 Page 2 CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Talbott TO OPEN THE PUBLIC HEARING at approximately 7:04 p.m. Case S-20-011, Berry Hill Solar, LLC – Mr. Talbott opened the public hearing at 7: 04 p.m. Mrs. Ragsdale, Director of Community Development, reported that Berry Hill Solar, LLC, had petitioned for a Special Use Permit on three (3) parcels of land, a total of 1.481.59 acres, located on Berry Hill Road, in the Westover Election District for a utility-scale solar energy facility. She then stated the Planning Commission recommended by a 5 to 1 vote, with opposition, that the petitioner’s request be granted subject to the 17 conditions as presented by staff in the Board packet with amended conditions as follows: (1) Allow a reduced buffer of 200 feet along Buford Road down to the Dan River. All other setbacks are to be determined by the Zoning Ordinance.; (2) Relocate the proposed access road from across the highway from Mr. Hardy’s residence at 3028 Berry Hill Road, Danville, VA. She also stated the staff summary was located in the Board packet. Tom Terrell, Louis Iannone, Brent Niemann and Chris Kaila were present to represent the petition. Mr. Terrell and Mr. Iannone gave a brief overview of the Project and answered questions from the Board members. Lynwood Hardy and Joe Key spoke in opposition to the petition. Their concerns included, but were not limited to, the following: setbacks issues and excessive traffic on Buford Road. Mr. Terrell offered a rebuttal and addressed their concerns. Mr. Talbott closed the public hearing at 7:48 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Merricks, seconded by Mr. Easley, the following motion was adopted: Whereas, Berry Hill Solar, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a utility-scale solar energy facility, and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. 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 18 feet. 3. Setbacks. Except for fencing and any pole mounted electronic lines, consistent with the County ordinance, all above-ground equipment will have a minimum front setback of at least 60 feet from the centerline of the specified right-of-way, or 35 feet from the edge of the right-of-way, whichever is greatest. The side setback shall be 100 feet. The rear minimum setback shall be 100 feet. Maintain a setback of 200 feet along Buford Road down to the railroad track. Maintain a 500-foot separation from solar panels to any dwelling. 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 shown on the Conceptual Site Plan, the setback will include a minimum 50-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 Board of Zoning Appeals September 8, 2020 Page 3 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. 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, 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 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 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 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. 18. The applicant shall dedicate land adequate to support a connector from U.S. Highway 311 to Buford Road at the time that an easement is granted to Berry Hill Solar for adequate access to a utility substation to be built. Board of Zoning Appeals September 8, 2020 Page 4 Motion passed by a unanimous vote. Case S-20-012, Shockoe Solar, LLC – Mr. Talbott opened the public hearing at 8:12 p.m. Mrs. Ragsdale, Director of Community Development, reported that Shockoe Solar, LLC, had petitioned for a Special Use Permit on fifteen (15) parcels of land, a total of 907.88 acres, located on Halifax Road and on Java Road, in the Banister Election District for a utility-scale solar energy facility. She then stated the Planning Commission recommended by a 6 to 0 vote, with opposition, that the petitioner’s request be granted with the 17 conditions as presented by staff in the Board packet. She also stated the staff summary was located in the Board packet. Charlie Falter was present to represent the petition. He gave a brief overview of the Project and answered questions from the Board members. Maurice Dodson and Patricia Jones spoke in opposition to the petition. Their concerns included, but were not limited to, the following: the solar facility is located in a residential community; solar panels are located in the residents’ backyards; glare from panels; lightning barriers; decrease in property values; and emissions from the solar panels. Mr. Falter offered a rebuttal and addressed their concerns. Mr. Talbott closed the public hearing at 8:41 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Yeaman, seconded by Mr. Merricks, the following motion was adopted: Whereas, Shockoe Solar, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a utility-scale solar energy facility, and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. 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 will have a minimum front setback of at least 60 feet from the centerline of the specified right-of-way, or 35 feet from the edge of the right-of-way, whichever is greatest. The side setback shall be 10 percent of the road frontage distance, with a minimum of 10 feet. The rear minimum setback shall be at least 40 feet. No setbacks are required between the parcels lines of parcels that are part of a single Project. Side setbacks from R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, shall be 75 feet. Side setbacks from all other districts shall be 60 feet. 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 Board of Zoning Appeals September 8, 2020 Page 5 that the plantings are successfully established and the landscaping is maintained or replaced during the life of the Project. 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. Motion passed by a unanimous vote. This concludes the Special Use Permit cases. Board of Zoning Appeals September 8, 2020 Page 6 Case V-20-001, The Dock at SML, LLC – Mr. Talbott opened the public hearing at approximately 8:53 p.m. Mrs. Ragsdale, Director of Community Development, reported that The Dock at SML, LLC, had petitioned for a Variance on 16.23 acres, located on Smith Mountain Road and on Locust Lane, in the Callands-Gretna Election District to Section 35-296. AREA REGULATIONS. (A.) Minimum Lot Size, 1. Area, of the Pittsylvania County Zoning Ordinance to allow for subdivision of the property. This section states, ‘To be considered as a residential planned unit development, a project’s area must include five (5) or more contiguous acres of land, none of which can be under water or within a flowage easement’ Mr. Jason Tuttle was present to represent the petition. Mr. Tuttle stated he wants to create a single parcel smaller than five (5) acres (waterfront only) for future retail use, residential sales, etc. Amy Smitherman, Lionel Root, Debbie Foor, Lloyd Ruona, Mike Murray, and Robin Lester spoke in opposition to the petition. Their concerns included, but were not limited to, the following: no maintenance on Locust Lane; no plans to manage the road during construction; traffic; boat and trailer storage; property values; barriers that control erosion; road needs repair; runoff issues; property owner should be open about future plans; traffic should be moved off Locust Lane, etc. Mr. Tuttle offered a rebuttal and stated he will adhere to fixing the road during construction, and he hopes for new structures on the property next season; however, at this time, he is not considering moving the entrance to the site. Mr. Talbott closed the public hearing at approximately 9:30 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Easley, seconded by Mr. Yeaman, the following motion was adopted: Whereas, The Dock at SML, LLC, has petitioned the Board of Zoning Appeals for a Variance to Section 35-296. AREA REGULATIONS. (A.) Minimum Lot Size, 1. Area, of the Pittsylvania County Zoning Ordinance and, Whereas, the application does fulfill the minimum requirements for a variance from the provisions of the ordinance and, Whereas, the board finds that the strict application of the ordinance would produce undue hardship, that the hardship is not shared generally by other properties in the same zoning district and the same vicinity, that the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance and, Whereas, the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance, I move the Variance be granted. Motion passed unanimously. This concludes the Variance case. The meeting was adjourned at approximately 9:40 p.m.