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BZA Minutes 08 13 2019 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING August 13, 2019 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, August 13, 2019, in the General District Courtroom, Chatham, Virginia. Mr. Talbott, Chairman, called the meeting to order at approximately 7:00 p.m. Mrs. Hayes called the roll. PRESENT Kenneth Talbott Leon Griffith Helen Glass Ronald Merricks Carroll Yeaman Karen N. Hayes Christopher Dadak, Attorney ABSENT R. Allan Easley Joseph “Jay” Craddock APPROVAL OF THE AGENDA Upon motion of Mr. Merricks, seconded by Mrs. Glass, and by a 5 to 0 vote (two members, Mr. Easley and Mr. Craddock, were absent), the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Yeaman, seconded by Mr. Griffith, and by a 5 to 0 vote (two members, Mr. Easley and Mr. Craddock, were absent), the July 9, 2019, minutes were approved as presented. OLD BUSINESS Revocation of Special Use Permit S-05-012, Steven Anderson, issued on June 14, 2005 for noncompliance with the conditions attached to the permit by the Board of Zoning Appeals. Mrs. Hayes reported that Mr. Anderson is making some progress in cleaning up his property. Mr. Anderson stated he has eight vehicles on his property and he is in compliance for keeping the number of vehicles under ten. He then presented a petition with signatures of neighbors supporting him to the Board for their review. He also stated the Department of Environmental Quality (DEQ) had checked his property and had given the ok regarding oil spills. Following a discussion among the Board members, it was determined there were no adverse effects - Mr. Anderson works for the people in the neighborhood; he does not work on Sunday; Board of Zoning Appeals August 13, 2019 Page 2 there are no complaints from the nearby church or from the neighborhood. Mr. Talbott then stated no motion would be made at this time and he reminded Mr. Anderson that people are watching. Case S-19-005, William C. Dawson, II – Special Use Permit for a Public Garage. Mrs. Hayes reported this case has been appealed to Circuit Court. NEW BUSINESS Mrs. Hayes reported there are two cases for next month, a Special Use Permit for Recreational Uses; ATV Trails and a Special Use Permit for a Residential Addiction Treatment Group Home. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Talbott TO OPEN THE PUBLIC HEARING at approximately 7:12 p.m. Case S-19-009, Sycamore Solar I, LLC – Mr. Talbott opened the public hearing at 7:12 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Sycamore Solar I, LLC, had petitioned for a Special Use Permit on a total of 985.84 acres, seven (7) parcels of land, located on East Gretna Road, Hickeys Road, Farmers Road, Edmunds Road, Buck Track Road, and Renan Road in the Banister and Callands-Gretna Election Districts for a utility-scale solar energy facility. She then stated 500 of the 985 acres will be used. She also stated the Planning Commission recommended by a 7 to 0 vote, with no opposition, that the petitioner’s request be granted with conditions as presented in the Board packet with the exception of #3 Setbacks to allow a 40-foot side setback and with the resolution as presented. Mr. Jon Puvak was present to represent the petition. Mr. Puvak provided a brief overview of the proposed solar project and answered questions from the Board members. William Case spoke in opposition to the petition. His concerns included, but were not limited to, the following: solar panels surround his house; effects on wildlife; his trees are being used as part of the buffer; his neighbor is opposed to the petition. Bill Wyatt and Andy Wyatt spoke in favor of the petition. Mr. Puvak offered a rebuttal and stated the solar project is not relying on Mr. Case’s trees as a buffer. He then stated the solar panels are fenced in and there are no negative effects on wildlife. Mr. Talbott closed the public hearing at 7:27 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Merricks, seconded by Mrs. Glass, the following motion was adopted: Whereas, Sycamore Solar I, 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. Board of Zoning Appeals August 13, 2019 Page 3 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 40 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. 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 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 will be designed to be at least 8 feet high at maturity of any new plantings, and shall be a minimum of 4-6 feet in height at time of planting. 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, site access, fencing, lighting, mitigation of construction operations, and hours of construction activity. 7. Road Repairs. Any damage to public roads caused by construction will be promptly repaired. 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 departments regarding operation and battery storage. Board of Zoning Appeals August 13, 2019 Page 4 Motion passed by a 5 to 0 vote (two members, Mr. Easley and Mr. Craddock, were absent). This concludes the Special Use Permit case. The meeting was adjourned at approximately 7:40 p.m. _____________________________ Kenneth Talbott, Chairman _____________________________ Kathy H. Belton, Clerk