Loading...
BZA 03 08 2021 BOARD OF ZONING APPEALS REGULAR MEETING Monday, March 8, 2021 – 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. Minutes V. OLD BUSINESS VI. NEW BUSINESS VII. CHAIRMAN'S REPORT VIII. PUBLIC HEARING Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Board of Zoning Appeals have been empowered to hear and decide specific applications and appeals in support of said ordinance. 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, other than the applicant, regarding zoning cases will be limited to (3) three minutes. 1. Case: S-21-001 Michaux Solar Center, LLC: Special Use Permit for a Utility Scale Solar Facility IX. ADJOURNMENT Regular Meeting - March 8, 2021 Board of Zoning Appeals STAFF SUMMARY Case: Minutes from January 12, 2021 District: Zoning Request: Agenda Date: March 08, 2021 Meeting History: 4.1 Packet Pg. 3 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING January 12, 2021 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, January 12, 2021, at the Community Center, Chatham, Virginia. Mr. Easley, Vice Chairman, called the meeting to order at approximately 7:04 p.m. Mrs. Ragsdale called the roll. PRESENT R. Allan Easley Helen Glass Ronald Merricks Carroll Yeaman Ann Deering Joseph Craddock Emily Ragsdale Christopher Dadak, Attorney ELECTION OF CHAIRMAN Mr. Merricks nominated Mr. Easley for the seat of chairman, seconded by Mr. Yeaman. Mr. Easley was unanimously voted in as Chairman of the Board of Zoning Appeals . ELECTION OF VICE CHAIRMAN Mr. Yeaman nominated Mr. Merricks for the seat of vice-chairman, seconded by Mr. Craddock. Mr. Merricks was unanimously voted in as Vice-Chairman of the Board of Zoning Appeals. APPROVAL OF THE AGENDA Upon motion of Mr. Yeaman, seconded by Ms. Glass, and by a unanimous vote, the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the December 8, 2020, minutes were approved with a revision to add Ann Deering as being listed as present. OLD BUSINESS There was no old business. 4.1.a Packet Pg. 4 Attachment: bza 01122021 draft (2382 : Minutes) Board of Zoning Appeals January 12, 2021 Page 2 NEW BUSINESS Mrs. Ragsdale reported that future meetings for Board of Zoning Appeals will be held the second Monday of each month at 7:00 p.m. at 39 Bank Street in the Board Meeting Room. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Easley TO OPEN THE PUBLIC HEARING at approximately 7:13 p.m. Case V-21-001, Heath Investments, LLC – Mr. Easley opened the public hearing at 7:14 p.m. Mrs. Ragsdale, Director of Community Development, reported that Heath Investments, LLC had petitioned for a Variance to Section 35-369 MINIMUM YARD DIMENSIONS (C.) Rear Setback. This Section states, “No rear setback is required except that no building, structure, accessory use or outdoor storage area shall be located closer than fifty (50) feet from any type of residential use or living quarters not residential district boundary." The property is 0.60 acres, located on US Highway 29, in the Chatham-Blairs Election District. Jerry Heath was in attendance to represent Heath Investments, LLC. Mr. Easley closed the public hearing at 7:17 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Merricks, seconded by Mr. Craddock, the following motion was adopted: Whereas, Health Investments, LLC, has petitioned the Board of Zoning Appeals for a Variance to Section 35-369 MINIMUM YARD DIMENSIONS (C.) Rear Setback, 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 7:21 p.m. _____________________________ R. Allan Easley, Chairman _____________________________ Robin Vaughan, Clerk 4.1.a Packet Pg. 5 Attachment: bza 01122021 draft (2382 : Minutes) Board of Zoning Appeals STAFF SUMMARY Case: Case: S-21-001 Michaux Solar Center, LLC District: Tunstall District Election District Zoning Request: Agenda Date: March 08, 2021 Meeting History: SUBJECT Requested by Michaux Solar Center, LLC, for a Special Use Permit for a utility scale solar energy facility. The properties are three (3) parcels of land, a total of 850.76 acres, located on State Road 856/Cobbs Knob Road, State Road 859/Michaux Road, State Road 860/Leaksville Junction Road, and DW Line Road, in the Tunstall Election District and shown on the Pittsylvania County Tax Map as GPIN#s 1336-00-7267 (253.24 acres), 1336-30-1075 (30.66 acres), and 1336-61-4700 (566.86 acres). BACKGROUND/DISCUSSION Michaux Solar Center, LLC, is requesting a Special Use Permit to operate a utility scale solar energy facility on three (3) parcels of land located on State Road 856/Cobbs Knob Road, State Road 859/Michaux Road, State Road 860/Leaksville Junction Road, and DW Line Road, in the Tunstall Election District. The proposed project will cross into Henry County, creating a total project area of 1,400 acres between the two counties, 600 of which will be occupied by the solar facility. The total project be a 50-megawatt (MW) alternating current (AC) utility scale solar energy facility, connecting to the Appalachian Power grid. The Pittsylvania County Zoning Ordinance requires a site plan and landscape plan to be submitted and approved prior to permits being issued to ensure compliance with setback and vegetative screening requirements. 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. RELATIONSHIP TO THE SURROUNDING LAND USE AND NEIGHBORING AREAS Mostly surrounded by agriculture, residential and industrial uses. ZONING OF SURROUNDING PROPERTIES 8.1 Packet Pg. 6 Mostly surrounded by A-1, Agricultural District, R-1, Residential Suburban Subdivision District, and M-2, Industrial District, Heavy, zoned properties. SITE DEVELOPMENT PLAN A conceptual plan is enclosed in the board packet. 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 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. 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 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. 8.1 Packet Pg. 7 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. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-001 as submitted. 2. Recommend approval of Case S-21-001 subject to conditions by staff. 3. Recommend approval of Case S-21-001 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-21-001 as submitted. ATTACHMENTS: A. Application B. Maps and Directions C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit 8.1 Packet Pg. 8 G. Adjacent Parcel Owners H. Special Power of Attorney I. Conceptual Plan PLANNING COMMISSION RECOMMENDATION: On February 2, 2021, the Planning Commission recommended by a 8 to 0 vote, with no opposition, that the petitioners’ request be granted. 8.1 Packet Pg. 9 8.1.a Packet Pg. 10 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 11 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 12 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 13 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 14 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 15 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 16 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 17 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 18 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 19 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 20 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 21 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 22 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.a Packet Pg. 23 Attachment: Michaux Solar Application (2374 : Case: S-21-001 Michaux Solar Center, LLC) 8.1.bPacket Pg. 24Attachment: Michaux Solar Map (2374 : Case: S-21-001 Michaux Solar Center, LLC)