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BZA Minutes 02 12 2019PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING February 12, 2019 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, February 12, 2019, in the General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia. Mr. Talbott called the meeting to order at approximately 7:00 p.m. The Board observed a moment of silence. Mrs. Hayes called the roll. PRESENT Kenneth Talbott R. Allan Easley Leon Griffith Helen Glass Joseph “Jay” Craddock Ronald Merricks Carroll Yeaman Karen N. Hayes Christopher Dadak, Attorney APPROVAL OF THE AGENDA Upon motion of Mrs. Glass, seconded by Mr. Yeaman, and by a unanimous vote, the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Yeaman, seconded by Mr. Merricks, and by a unanimous vote, the minutes of the January 8, 2019, meeting were approved as presented. OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Hayes reported there is one (1) case for next month, a revocation of a Special Use Permit for a public garage that was issued in 2005. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:03 p.m. Board of Zoning Appeals February 12, 2019 Page 2 Case S-19-002, Maplewood Solar I, LLC – Mr. Talbott opened the public hearing at approximately 7:03 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Maplewood Solar I, LLC, had petitioned for a Special Use Permit on approximately 1,500 acres, twenty-two (22) parcels of land, located on Climax, Toshes, Anderson Mill, Snowberry, Throughway, Old Red Eye, Cooksburg, and Piney Roads, in the Callands-Gretna Election District for a 120 megawatt solar energy facility. Mrs. Hayes further reported the Planning Commission, with opposition, recommended granting the petitioner’s request. Attorney Jon Puvak with Gentry Locke, Patrick Buckley and David Savage with Open Road Renewables, LLC, and Rick Thomas with Timmons Group were present to represent the petition. Mr. Puvak provided a brief overview of the proposed solar project and stated a few updates had been made, which included the following: the panels would go on no more than 1,200 acres and would be buffered by landscaping (trees) planted four (4) to six (6) feet high; a decision was made to relinquish the use of a twenty (20) acre field in close proximity of homes in the area of the intersection of Climax Road and Cooksburg Road; the panels would be located 150 feet away from the center of each neighbor’s home. Following questioning from the Board members, the representatives discussed the conditions, the Comprehensive Plan, vegetation, electrical interference, the potential purchaser of power, and landscaping issues, including consideration of two (2) rows of shrubs staggered at limited localities near neighboring homes planted fifteen (15) feet apart, etc. Barry Cundiff, Dee Owen, Angela Pruitt, Charles Robertson, Kevin Owen, Stephen Thornton, Herbert Linthicum, Johnny Owens, and Hank Maxey spoke during the meeting. The concerns of the individual who spoke in opposition to the petition included, but were not limited to, the following: setbacks; buffers; the decommissioning fund; the water source; serious reservations should be met, etc. The comments of those who spoke in favor of the petition included, but were not limited to, the following: the project will be neat, clean, and attractive; will be farming sunlight, no carbon emissions with fly ash, no dangerous pollution, no sounds, good for the community; alternative energy source, revenue for the County; low impact project, etc. Mr. Talbott closed the public hearing at approximately 8:06 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Easley, seconded by Mr. Griffith, the following motion was adopted: Whereas, Maplewood 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, and Whereas, (there are no significant adverse effects upon adjacent property that cannot be mitigated through conditions) I move the Special Use Permit be granted. With the following conditions: (1) All conditions are accepted; (2) There will be a minimum 150-foot setback between the center of each neighbor’s house and any solar panels; (3) There will be no solar panels in the 20-acre field on the northwest corner of Climax Road and Cooksburg Road (i.e., west of Climax and north of Cooksburg); (4) The applicant shall install a staggered row of trees or shrubs in certain sensitive areas shown on a site plan submitted to the Zoning Administrator; (5) The applicant will respond promptly to complaints of electrical interference and take corrective action. Motion passed unanimously. This concludes the Special Use Permit case. The meeting adjourned at approximately 8:20 p.m. _________________________________ Kenneth Talbott, Chairman ________________________________ Kathy H. Belton, Clerk