PC 02 02 2021
PLANNING COMMISSION
REGULAR MEETING
Tuesday, February 2, 2021 – 7:00 PM
Board Meeting Room
39 Bank Street, SE,
Chatham, Virginia 24531
AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. MOMENT OF SILENCE
IV. PLEDGE OF ALLEGIENCE
V. HEARING OF CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
VI. APPROVAL OF AGENDA
VII. APPROVAL OF MINUTES
1. Minutes January 5, 2021
VIII. ELECTION OF CHAIRMAN
IX. ELECTION OF VICE CHAIRMAN
Regular Meeting - February 2, 2021
X. CHAIRMAN'S REPORT
XI. PUBLIC HEARING
Case Case: S-21-001 Michaux Solar Center, LLC: Case: S-21-001 Michaux
Solar Center, LLC: Special Use Permit for a Utility Scale Solar
Facility (H.F. Haymore)
Case Case R-21-004 Blessed Beyond Measures, LLC: Case R-21-004 Blessed
Beyond Measures, LLC; Rezoning from R-1, Residential Suburban
Subdivision District and A-1, Agricultural District, to A-1,
Agricultural District (Stowe)
XII. OLD BUSINESS
XIII. NEW BUSINESS
XIV. ADJOURNMENT
ZONING PRECEPTS
(To be read by Chairman prior to opening public hearing)
Ladies and Gentlemen:
Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the
Planning Commission have been empowered to hear and decide specific applications in
support of said ordinance and to make recommendations to the Board of Supervisors or
the Board of Zoning Appeals. 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 regarding zoning cases will be limited to (3) three minutes.
PUBLIC HEARING PROCEDURE
A. Prior to opening Hearing, Chairman reviews zoning law precepts for all present.
B. Open Hearing by Chairman.
"Public Hearing in zoning case (case number) is now open. The time is (time)."
C. Zoning staff presents case and makes staff recommendations.
D. Chairman calls on applicant to state case and present supporting documentation.
E. Chairman calls for any citizen input.
1. Each side proceeds without interruption.
2. Arguments are presented to the Board/Commission
3. No questioning or arguments between individuals.
The Board/Commission may direct questions to the applicant, to the citizens, or to
the zoning staff in attendance.
F. Chairman closes Hearing.
"Public Hearing in zoning case (case number) is now closed at (time).”
G. Board/Commission commences internal discussions.
H. Board/Commission makes decision (votes) or delays as appropriate.
I. Chairman announces decision on case.
J. Chairman opens next Hearing.
"Public Hearing in zoning case (case number) is now open. The time is (time).”
K. Continue as before - repeating procedure.
L. Chairman adjourns meeting at end of final case decision.
Planning Commission
STAFF SUMMARY
Case: Minutes January 5, 2021 District:
Zoning Request:
Agenda Date: February 02, 2021
Meeting History:
7.1
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PITTSYLVANIA COUNTY PLANNING COMMISSION
REGULAR MEETING
January 5, 2021
MINUTES
VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, January 5, 2021, at the
Community Center in Chatham, Virginia. Mr. Haymore, Vice-Chairman, called the meeting to order at
approximately 7:00 p.m. Mr. Haymore called the roll.
PRESENT
H. F. Haymore, Jr. Westover District
Janet Mease Callands-Gretna District
Brian Horne Dan River District
Richard Waters Chatham-Blairs District
Nathan Harker Staunton River District
Timothy Dudley Board of Supervisors Representative
Emily Ragsdale Director of Community Development
J. Vaden Hunt County Attorney
MOMENT OF SILENCE
The Board observed a moment of silence.
PLEDGE OF ALLEGIANCE
The Board recited the Pledge of Allegiance.
HEARING OF THE CITIZENS
No citizens came forward to speak.
APPROVAL OF THE AGENDA
The agenda was amended, electing to move the election of officers to the February meeting. A motion was
made by Mr. Dudley seconded by Mr. Horne, and by a 6 to 0 vote the agenda was approved as amended.
7.1.a
Packet Pg. 4 Attachment: Minutes: January 5, 2021 (2341 : Minutes: January 5, 2021)
Planning Commission
January 5, 2021
Page 2
APPROVAL OF THE MINUTES
A motion was made by Mr. Dudley, seconded by Ms. Mease, and by a 6 to 0 vote, the December 1, 2020,
minutes were approved as presented.
CHAIRMAN’S REPORT
There was no Chairman’s report.
THE ZONING PRECEPTS WERE READ by Mr. Haymore TO OPEN THE PUBLIC HEARING at
7:04 p.m.
Case R-21-001, The City of Danville-Dan River Election District – Mr. Haymore opened the public
hearing at 7:04 p.m. Mrs. Ragsdale, Director of Community Development, reported that The City of
Danville had petitioned to rezone (2) parcels of land, totaling 0.50 acres located on State Road 726/Kentuck
Church Road in the Dan River Election District from R-1, Residential Suburban Subdivision District, and
A-1, Agricultural District to B-2, Business District, General, to combine with an adjacent parcel of land
zoned B-2. Mr. Haley was present to represent The City of Danville. Mr. Haymore closed the public hearing
at 7:07 pm. A motion was made by Mr. Horne, seconded by Mr. Dudley, to recommend the rezoning be
granted. Motion passed by a 6 to 0 (2 absent) vote.
CaseR-21-002, Sherry Scruggs-Tunstall Election District – Mr. Haymore opened the public hearing at
7:08 p.m. Mrs. Ragsdale, Director of Community Development, reported that Sherry Scruggs had petitioned
to rezone property located on State Road 851/Sugartree Church Road, in the Tunstall Election District,
shown on the Tax Map as part of GPIN# 1460-22-2560 a total of 0.062 acres. The applicant is requesting to
rezone from R-1, Residential Suburban Subdivision District, to A-1 Agricultural District, to combine with an
adjacent parcel of land zone A-1. Mr. Robert Vaughan was present to represent the petition for Ms. Scruggs.
Mr. Haymore closed the public hearing at 7:12 p.m. A motion was made by Mr. Harker, seconded by Ms.
Mease, to recommend the rezoning be granted. Motion passed by a 6 to 0 (2 absent) vote.
R-21-003, the Town of Gretna-Callands-Gretna Election District – Mr. Motley opened the public
hearing at 7:15 p.m. Mrs. Ragsdale, Director of Community Development, reported that The Town of
Gretna had petitioned to rezone property located off Highway 40/East Gretna Road, shown on Tax Map as
GPIN # 2530-46-8059, 63.44 acres, from R-1, Residential Suburban Subdivision District, and A-1,
Agricultural District, to A-1, Agricultural District to allow for a utility scale solar energy facility. A
representative for the solar facility was not present due to COVID-19 travel restrictions. Stephen Midkiff
spoke opposing the rezoning, his main concerns were property setbacks and Erosion & Sediment Control
issues. Richard Scruggs also spoke in opposition as an adjacent parcel owner, his main concern was the
coverage of the solar panels. Ms. Mease stated that a public hearing would be held for the Special Use Permit
and their concerns could be addressed at that time. Mr. Haymore closed the public hearing at 7:20 p.m. A
motion was made by Mrs. Mease, seconded by Mr. Harker, to recommend to the rezoning be granted.
Motion passed 6 to 0 (2 absent) vote.
7.1.a
Packet Pg. 5 Attachment: Minutes: January 5, 2021 (2341 : Minutes: January 5, 2021)
Planning Commission
January 5, 2021
Page 3
NEW BUSINESS
V-21-001 Heath Investments, LLC-Chatham-Blairs Election District – Mrs. Ragsdale, Director of Community
Development, reported that Heath Investments, LLC was requesting a Variance to Section 35-369. MINIMUM
YARD DIMENSIONS (C) Rear Setback, of the Pittsylvania County Zoning Ordinance, on 0.60 acres, shown on the
records as GPIN# 2424-07-9143, located on US Highway 29. Jerry Heath was present to speak regarding the variance.
A motion was made by Mr. Horne, seconded by Mr. Dudley to recommend approval of the Variance. Motion passed
6 to 0 (2 absent) vote.
OLD BUSINESS
There was no old business.
The meeting was adjourned at approximately 7:26 p.m.
_____________________________
Mr. H.F. Haymore, Vice-Chairman
_____________________________
Robin Vaughan, Clerk
7.1.a
Packet Pg. 6 Attachment: Minutes: January 5, 2021 (2341 : Minutes: January 5, 2021)
Planning Commission
STAFF SUMMARY
Case: Case: S-21-001 Michaux
Solar Center, LLC
District: Westover District Election District
Zoning Request:
Agenda Date: February 02, 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 Westover 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
Westover 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
11.1
Packet Pg. 7
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.
11.1
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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
11.1
Packet Pg. 9
G. Adjacent Parcel Owners
H. Special Power of Attorney
I. Conceptual Plan
11.1
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11.1.a
Packet Pg. 11 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 12 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 13 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 14 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 15 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 16 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 17 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 18 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 19 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 20 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 21 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 22 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 23 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.a
Packet Pg. 24 Attachment: Michaux Solar Application Packet (2339 : Case: S-21-001 Michaux Solar Center, LLC)
11.1.bPacket Pg. 25Attachment: Michaux Solar, LLC Map (2339 : Case: S-21-001 Michaux Solar Center, LLC)
Planning Commission
STAFF SUMMARY
Case: Case R-21-004 Blessed
Beyond Measures, LLC
District: Tunstall District Election District
Zoning Request: R-1 & A-1 to A-1
Agenda Date: February 02, 2021
Meeting History:
SUBJECT
Requested Blessed Beyond Measures, LLC, to rezone properties located on State Road
939/Brookside Road, in the Tunstall Election District and shown on the Tax Maps as GPIN #s
1452-93-3809, 1452-94-1507, 1452-84-9839, 1452-84-4231, 1452-84-6067, and 1452-83-8876.
The applicant is requesting to rezone six (6) parcels, totaling 31.03 acres, from R-1, Residential
Suburban Subdivision District and A-1, Agricultural District to A-1, Agricultural District, to
combine with adjacent parcels of land zoned A-1.
BACKGROUND/DISCUSSION
Blessed Beyond Measures, LLC is requesting to rezone six (6) parcels, totaling 31.03 acres, from
R-1, Residential Suburban Subdivision District and A-1, Agricultural District to A-1,
Agricultural District, to combine with adjacent parcels of land zoned A-1. The subject properties
are currently double zoned R-1, Residential Suburban Subdivision and A-1, Agricultural. This
was created when properties that did not share the same zoning classification were combined
without proper approval from the Subdivision Agent, giving the properties two zoning
classifications.
If rezoned, the properties will be consolidated with adjacent parcels currently zoned A-1,
Agricultural District in order to allow property lines to be redrawn, creating four (4) parcels from
the existing twenty-seven (27) parcels that are owned by the applicant. This will allow for the
construction of four (4) single-family dwellings. All properties must share the same zoning
classification to be consolidated, requiring the subject properties to be rezoned prior to
consolidation.
The six (6) subject parcels are currently part of an approved subdivision known as Rivermont
Vista Subdivision. If the rezoning is approved, the original subdivision will need to be vacated
by the Board of Supervisors at their March 16, 2021 meeting in order for the property lines to be
redrawn.
Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted
use.
11.2
Packet Pg. 26
FUTURE LAND USE DESIGNATION
The Comprehensive Plan designates the future land use as Agricultural and Rural Residential.
ZONING AND CURRENT USE OF SURROUNDING PROPERTIES
Adjacent to A-1, Agricultural District zoned properties.
SITE DEVELOPMENT PLAN
A plat showing the area to be rezoned and another plat showing the proposed property line
adjustments are included.
RECOMMENDATION
Staff recommends APPROVAL of Case R-21-004, submitted by Blessed Beyond Measure, LLC,
requesting to rezone six (6) parcels, totaling 31.03 acres, in the Tunstall Election District and
shown on the Tax Maps as GPIN #s 1452-93-3809, 1452-94-1507, 1452-84-9839, 1452-84-
4231, 1452-84-6067, and 1452-83-8876, to allow property lines to be adjusted. The subject
property is adjacent to properties currently zoned A-1, Agricultural District and the rezoning
would be consistent with the Comprehensive Plan.
PLANNING COMMISSION OPTIONS:
1. Recommend approval of Case R-21-004 as submitted.
2. Recommend approval of Case R-21-004 subject to conditions by the Planning
Commission.
3. Recommend denial of Case R-21-004 as submitted.
4. Recommend postponement of Case R-21-004 by the Planning Commission
ATTACHMENTS:
A. Application
B. Map
C. Letter of Intent
D. Executive Summary
E. Petition
F. Sign Affidavit
G. Adjacent Parcel Owners
H. Plat
I. Subdivision Vacation Documentation
11.2
Packet Pg. 27
11.2.a
Packet Pg. 28 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 29 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 30 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 31 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 32 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 33 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 34 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 35 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 36 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.a
Packet Pg. 37 Attachment: Blessed Beyond Measures Application Documents (2340 : Case R-21-004 Blessed Beyond Measures, LLC)
11.2.b
Packet Pg. 38 Attachment: Blessed Beyond Measures Map (2340 : Case R-21-004 Blessed Beyond Measures, LLC)