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PC 02 01 2022 PLANNING COMMISSION REGULAR MEETING Tuesday, February 1, 2022 – 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 ALLEGIANCE 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. PC Minutes 01_04_2022 VIII. CHAIRMAN'S REPORT IX. PUBLIC HEARING Regular Meeting - February 1, 2022 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. Case Public Hearing: Case R-22-004 John David & Audrey Moss: Public Hearing: Case R-22-004 John David & Audrey Moss; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Haymore) Case Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Al: Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Harker) Case Public Hearing: Case R-22-006 Horace Guill: Public Hearing: Case R-22- 006 Horace Guill; Rezoning from A-1, Agricultural District, to R- 1, Residential Suburban Subdivision District (Henderson) Case Case S-22-003 Firefly Solar, LLC: Case S-22-003 Firefly Solar, LLC; Special Use Permit for a Utility Scale Solar Energy Facility (Horne) X. OLD BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT Planning Commission STAFF SUMMARY Case: PC Minutes 01_04_2022 District: Zoning Request: Agenda Date: February 01, 2022 Meeting History: 7.1 Packet Pg. 3 January 4, 2022 Regular Meeting Pittsylvania County Planning Commission Regular Meeting January 4, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on January 4, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. – Mrs. Ragsdale, Director of Community Development, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived H.F. Haymore Chairman - Westover District Present 6:36 PM Nathan Harker Vice Chairman - Staunton River District Present 7:04 PM Colette Henderson Member - Banister District Present 6:43 PM Janet Mease Member - Callands-Gretna District Present 6:41 PM Brian K. Horne Member - Dan River District Present 6:38 PM Gary Oakes Member - Tunstall District Present 6:41 PM Richard Waters Member - Chatham-Blairs District Present 6:38 PM Darrell Dalton Board of Supervisors Rep Present 6:43 PM APPROVAL OF AGENDA A motion was made by Mr. Horne to amend the agenda to nominate Chairman and Vice-Chairman of the Planning Commission. Mr. Haymore seconded the motion. 1. Motion to Add Agenda Items A motion was made by Mr. Horne, seconded by Mr. Haymore, to amend the agenda to nominate Chairman and Vice-Chairman of the Planning Commission. APPROVAL OF MINUTES 1. PC Minutes 12_07_2021 A motion was made by Mr. Horne, seconded by Mr. Harker, and by an eight (8) to zero (0) vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Brian K. Horne, Member - Dan River District SECONDER: Nathan Harker, Vice Chairman - Staunton River District AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton APPOINTMENT OF BOARD MEMBERS 1. Chairman A motion was made by Mr. Waters, seconded by Mr. Horne, to reappoint Mr. H.F. Haymore as Chairman of the Planning Commission. 7.1.a Packet Pg. 4 Attachment: PC Minutes 01_04_2022 (2991 : PC Minutes 01_04_2022) RESULT: APPROVED [7 TO 0] MOVER: Richard Waters, Member - Chatham-Blairs District SECONDER: Brian K. Horne, Member - Dan River District AYES: Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSTAIN: Haymore 2. Vice-Chairman A motion was made by Mrs. Mease, seconded by Mr. Waters, to reappoint Mr. Harker as Vice- Chairman of the Planning Commission. RESULT: APPROVED [7 TO 0] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Richard Waters, Member - Chatham-Blairs District AYES: Haymore, Henderson, Mease, Horne, Oakes, Waters, Dalton ABSTAIN: Harker HEARING OF CITIZENS No citizens came forward to speak. CHAIRMAN'S REPORT Mr. Haymore welcomed Darrell Dalton to the Board as the Board of Supervisors representative. PUBLIC HEARING 1. Public Hearing: Case R-22-001; Garnette Short; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Harker) Mr. Haymore opened the public hearing at 7:12 p.m. Mrs. Ragsdale, Director of Community Development, reported that Garnette Short had petitioned to rezone 7.0 acres, generally located on Gallows Road, in the Staunton River Election District from R-1 Residential Suburban Subdivision District to A-1, Agricultural District to combine with an adjacent parcel of land zoned A-1. Garnette Short was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:13 p.m. A motion was made by Mr. Harker, seconded by Mrs. Mease to recommend the Board of Supervisors grant the rezoning request. Motion passed by an eight (8) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton 2. Public Hearing: Case R-22-002; Christopher Meadows; Rezoning from MHP, Residential Manufactured Housing Park and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Horne) 7.1.a Packet Pg. 5 Attachment: PC Minutes 01_04_2022 (2991 : PC Minutes 01_04_2022) Mr. Haymore opened the public hearing at 7:14 p.m. Mrs. Ragsdale, Director of Community Development, reported that Christopher Meadows had petitioned to rezone 11.905 acres, generally located on Kentuck Road, in the Dan River Election District from MHP, Residential Manufactured Housing Park, and R-1, Residential Suburban Subdivision District to A-1, Agricultural District to allow for property lines to be adjusted. Christopher Meadows was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:15 p.m. A motion was made by Mr. Horne, seconded by Mrs. Mease to recommend the Board of Supervisors grant the rezoning request. Motion passed by an eight (8) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Brian K. Horne, Member - Dan River District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton 3. Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Henderson) Mr. Haymore opened the public hearing at 7:16 p.m. Mrs. Ragsdale, Director of Community Development, reported that JEL, Inc. aka Green Genie, Inc. had petitioned to rezone 213.95 acres, generally located on Elkhorn Road, in the Banister Election District from R-1 Residential Suburban Subdivision District to A-1, Agricultural District to allow for the expansion of the existing campground. Mrs. Ragsdale represented the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:18 p.m. A motion was made by Mrs. Henderson, seconded by Mrs. Mease to recommend the Board of Supervisors grant the rezoning request. Motion passed by an eight (8) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton 4. Public Hearing: Case S-22-001; Cascade Holdings, LLC; Special Use Permit for Recreational Uses (Rental Cabins and Event Venue) and a Restaurant (Oakes) Mr. Haymore opened the public hearing at 7:19 p.m. Mrs. Ragsdale, Director of Community Development, reported that Cascade Holdings, LLC, had petitioned for a Special Use Permit on 88.02 acres, generally located on Cascade Road, in the Tunstall Election District for an event venue (Event Venue and Rental Cabins) and a Restaurant. Bert Lewis was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:21 p.m. A motion was made by Mr. Oakes seconded by Mr. Horne to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by an eight (8) to zero (0) vote. 7.1.a Packet Pg. 6 Attachment: PC Minutes 01_04_2022 (2991 : PC Minutes 01_04_2022) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Oakes, Member - Tunstall District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton 5. Public Hearing: Case S-22-002; Michael and Wanda Roberts; Special Use Permit for a Singlewide Mobile Home (Harker) Mr. Haymore opened the public hearing at 7:23 p.m. Mrs. Ragsdale, Director of Community Development, reported that Michael & Wanda Roberts had petitioned for a Special Use Permit on 9.68 acres, generally located on Gallows Road, in the Staunton River Election District for placement of a single-wide mobile home. Michael & Wanda Roberts was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:25 p.m. A motion was made by Mr. Harker seconded by Mrs. Mease to recommend the Board of Zoning Appeals grant the Special Use Permit. Motion passed by an eight (8) to zero (0) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale reported that there will be 3 (three) rezoning cases and one (one) Special Use Permit for the February meeting. ADJOURNMENT The meeting was adjourned at 7:27 p.m 7.1.a Packet Pg. 7 Attachment: PC Minutes 01_04_2022 (2991 : PC Minutes 01_04_2022) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-004 John David & Audrey Moss District: Westover District Election District Zoning Request: R-1 to A-1 Agenda Date: February 01, 2022 Meeting History: SUBJECT Requested by John David & Audrey Moss, to rezone property located off State Road 311/Berry Hill Road, in the Westover Election District and shown on the Tax Map as GPIN# 1377-64- 3703. The applicants are requesting to rezone a total of 34.25 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District, to use for agricultural purposes. BACKGROUND/DISCUSSION John David & Audrey Moss are requesting to rezone a total of 34.25 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District, so that the property can be used for agricultural purposes. Under the current zoning classification, this type of use would only be allowed as an incidental use. Section 35-51 of the Pittsylvania County Zoning Ordinance states that “incidental agricultural is permitted in any district that allows residential uses provided that such agricultural use shall not occupy over five (5) acres.” In order for the property to be used for agricultural uses with the current R-1 zoning classification, the property must be occupied by a dwelling. The property is currently vacant. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. 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 and R-1, Residential Suburban Subdivision District and RC-1 Residential Combined Subdivision District zoned properties. RECOMMENDATION Staff recommends APPROVAL of Case R-22-004, submitted by John David & Audrey Moss, requesting to rezone a total of 34.25 acres located off State Road 311/Berry Hill Road, in the 9.1 Packet Pg. 8 Westover River Election District and shown on the Tax Map as GPIN# 1377-64-3703, to allow for agricultural purposes. 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-22-004 as submitted. 2. Recommend denial of Case R-22-004 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 9.1 Packet Pg. 9 9.1.a Packet Pg. 10 Attachment: R-22-004 Moss App (2994 : Public Hearing: Case R-22-004 John David & Audrey Moss) 9.1.a Packet Pg. 11 Attachment: R-22-004 Moss App (2994 : Public Hearing: Case R-22-004 John David & Audrey Moss) 9.1.a Packet Pg. 12 Attachment: R-22-004 Moss App (2994 : Public Hearing: Case R-22-004 John David & Audrey Moss) 9.1.a Packet Pg. 13 Attachment: R-22-004 Moss App (2994 : Public Hearing: Case R-22-004 John David & Audrey Moss) 9.1.a Packet Pg. 14 Attachment: R-22-004 Moss App (2994 : Public Hearing: Case R-22-004 John David & Audrey Moss) 9.1.a Packet Pg. 15 Attachment: R-22-004 Moss App (2994 : Public Hearing: Case R-22-004 John David & Audrey Moss) 9.1.a Packet Pg. 16 Attachment: R-22-004 Moss App (2994 : Public Hearing: Case R-22-004 John David & Audrey Moss) 9.1.b Packet Pg. 17 Attachment: R-22-004 Moss Map (2994 : Public Hearing: Case R-22-004 John David & Audrey Moss) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-005 Miriam Sanchez- Maldonador & Al District: Staunton River Election District Zoning Request: R-1 to A-1 Agenda Date: February 01, 2022 Meeting History: SUBJECT Requested by Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz, to rezone property located at 5460 Renan Road, in the Staunton River Election District and shown on the Tax Map as GPIN# 2572-15-8095. The applicants are requesting to rezone 1.95 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District to allow for an additional dwelling to be placed on the property. BACKGROUND/DISCUSSION Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz are requesting to rezone 1.95 acres from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District. The applicants are requesting to place a second dwelling on the property to be used as a primary dwelling for a relative. Since there is currently a single-family dwelling occupied by the applicants, this would constitute a second dwelling. In order for this to be permitted, the property would need to be zoned A-1, Agricultural District. Pittsylvania County Code § 35-53 allows an additional dwelling to be placed on properties zoned A-1, Agricultural District, or C-1, Conservation District as long as all the additional dwelling can meet the minimum lot area, minimum lot width, and maximum lot coverage for the Zoning District; the arrangement of the additional dwelling is in such a manner that if the lot were to be subdivided, a nonconforming lot would not be created; and the additional dwelling has access to a public street by a passage that is at least fifteen (15) wide. The property is currently occupied by a single-family dwelling. Based, on the position of the current structure, another dwelling could be placed on this property and meet the requirements of PCC § 35-53. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. 9.2 Packet Pg. 18 ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District, zoned properties. SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case R-22-005, submitted by Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz, requesting to rezone 1.95 acres located at 5460 Renan Road, in the Staunton River Election District and shown on the Tax Map as GPIN# 2572-15-8095, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District 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-22-005 as submitted. 2. Recommend denial of Case R-22-005 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.2 Packet Pg. 19 9.2.a Packet Pg. 20 Attachment: R-22-005 Sanchez App (2992 : Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz) 9.2.a Packet Pg. 21 Attachment: R-22-005 Sanchez App (2992 : Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz) 9.2.a Packet Pg. 22 Attachment: R-22-005 Sanchez App (2992 : Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz) 9.2.a Packet Pg. 23 Attachment: R-22-005 Sanchez App (2992 : Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz) 9.2.a Packet Pg. 24 Attachment: R-22-005 Sanchez App (2992 : Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz) 9.2.a Packet Pg. 25 Attachment: R-22-005 Sanchez App (2992 : Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz) 9.2.a Packet Pg. 26 Attachment: R-22-005 Sanchez App (2992 : Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz) 9.2.b Packet Pg. 27 Attachment: R-22-005 Sanchez Map (2992 : Public Hearing: Case R-22-005 Miriam Sanchez-Maldonador & Alexis Ocasio-Diaz) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 22-006 Horace Guill District: Banister Election District Zoning Request: A-1 to R-1 Agenda Date: February 01, 2022 Meeting History: SUBJECT Requested by Horace Guill, to rezone property located on State Road 640/Riceville Road, in the Banister Election District and shown on the Tax Maps as part of GPIN # 2488-65-1241. The applicant is requesting to rezone 0.997 acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow the property to be consolidated with a parcel zoned R-1. BACKGROUND/DISCUSSION Horace Guill is requesting to rezone a total of 0.997 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, so that property lines may be adjusted. If rezoned, the property will be consolidated with an adjacent parcel currently zoned R-1, Residential Suburban Subdivision District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. A plat titled Horace L. Guill & John B. Farson Jr. & Leander S. Farson has been submitted with the application to identify the area where zoning changes are necessary and to present the proposed property line adjustments. Once the property is rezoned to R-1, all uses listed under Section 35-222 are a permitted use. 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 and R-1, Residential Suburban Subdivision District zoned properties. RECOMMENDATION Staff recommends APPROVAL of Case R-22-006, submitted by Horace Guill, requesting to rezone a total of 0.997 acres located State Road 640/Riceville Road, in the Banister Election District and shown on the Tax Maps as part of GPIN # 2488-65-1241, to combine with an 9.3 Packet Pg. 28 adjacent parcel zoned R-1. The subject property is adjacent to properties currently zoned R-1, Residential Suburban Subdivision District, and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-22-006 as submitted. 2. Recommend denial of Case R-22-006 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 9.3 Packet Pg. 29 9.3.a Packet Pg. 30 Attachment: R-22-006 Guill App (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.a Packet Pg. 31 Attachment: R-22-006 Guill App (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.a Packet Pg. 32 Attachment: R-22-006 Guill App (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.a Packet Pg. 33 Attachment: R-22-006 Guill App (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.a Packet Pg. 34 Attachment: R-22-006 Guill App (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.a Packet Pg. 35 Attachment: R-22-006 Guill App (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.a Packet Pg. 36 Attachment: R-22-006 Guill App (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.a Packet Pg. 37 Attachment: R-22-006 Guill App (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.b Packet Pg. 38 Attachment: R-22-006 Guill Map (2993 : Public Hearing: Case R-22-006 Horace Guill) 9.3.cPacket Pg. 39Attachment: R-22-006 Guill Plat (2993 : Public Hearing: Case R-22-006 Horace Guill) Planning Commission STAFF SUMMARY Case: Case S-22-003 Firefly Solar, LLC District: Dan River Election District Zoning Request: SUP Agenda Date: February 01, 2022 Meeting History: SUBJECT Requested by Firefly Energy, for a Special Use Permit for a Utility Scale Solar Energy Facility. The property is a total of 3,791.95 acres, located on or off of State Road 58/South Boston Highway, State Road 713/ Rockford Springs Road, State Road 712/White Ridge Road, State Road 62/Milton Highway, State Road 899/Cardwell Lane, State Road 656/Kerns Church Road, and State Road 970/Pounds Road in the Dan River District and shown on the Tap Maps as GPIN #s 2366-89-5110, 2377-10-0771, 2377-19-7773, 2377-28-7820, 2378-16-7198, 2378-43-2871, 2366-22-0371, 2365-09-9405, 2366-45-0252, 2366-76-5758, 2368-96-5396, 2379-32-4712, 2379-31-4907, 2377-32-4574, 2377-26-8280, 2377-35-8467, 2377-40-3723, 2378-37-1379, and 2379-10-8873. BACKGROUND/DISCUSSION Firefly Energy LLC, is requesting a Special Use Permit to operate a utility scale solar energy facility on 3,791.95 acres, located off State Road 58/South Boston Highway, State Road 713/Rockford Springs Road, State Road 712/White Ridge Road, State Road 62/Milton Highway, State Road 899/Cardwell Lane, State Road 656/Kerns Church Road and State Road 970/Pounds Road in the Dan River Election District. The total project be a 150-megawatt (MW) alternating current (AC) utility scale solar energy facility, connecting to the American Electric Power grid through an interconnection to the existing transmission line. In November 2021, the Board of Supervisors adopted amendments to PCC § 35-141 to reduce distance between approved projects from five (5) miles to one (1) mile. Additionally, the Zoning Ordinance also requires that new projects enter into negotiations with the Board of Supervisors for a siting agreement. On December 21, 2021, the Board of Supervisors approved a siting agreement with Firefly Solar LLC. This agreement is included in the packet. The Pittsylvania County Zoning Ordinance requires a site plan, viewshed protection plan and landscape plan to be submitted and approved prior to permits being issued to ensure compliance with setback and vegetative screening requirements and protection of the viewshed during construction. The applicant will also be required to submit an Erosion and Sediment Control 9.4 Packet Pg. 40 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 agricultural and residential uses. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. SITE DEVELOPMENT PLAN The Site Development Plan is included in the packet. The applicant will be required to submit a site plan, construction plans, an Erosion and Sediment Control Plan, a Stormwater Plan, and once approved, submit the appropriate bonds and a decommissioning bond. 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 shall meet the setback requirements set forth in Section 35-141 (D). No setbacks are required between the parcels lines of parcels that are part of a single Project. 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 100-foot-wide landscaped area comprised of any existing vegetation supplemented as needed with a staggered row of planted trees and large shrubs. All rows of planted vegetation shall be evergreen plantings of varieties native or adaptable to the region, with one (1) row consisting of a variety expected to reach a minimum height of twenty-five (25) feet and the remaining rows of varieties designed to reach at least fifteen (15) feet in height at maturity. All evergreens shall be a minimum of six (6) feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new plantings as needed to maintain required 9.4 Packet Pg. 41 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. Landscape renderings or simulations shall be sealed by a registered landscape architect. 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. Viewshed Protection. A Viewshed Protection Plan shall be submitted to and approved by the Director of Community Development prior to the issuance of permits, identifying appropriate measures that will be taken to protect the viewshed surrounding the project during construction. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Compliance. The project shall be designed, constructed, and tested to meet all applicable local, state, and federal standards. 14. 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. 15. 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. 16. Survival. So long as the Project is operated in conformance with these conditions, the SUP shall continue for the life of the Project. 9.4 Packet Pg. 42 17. Comply with all DEQ regulations regarding nonpoint source pollutants. Chemical sprays used in weed control shall comply with DEQ regulations. 18. Fire and Rescue Training. The applicant shall provide annual training to the local fire department regarding battery storage. 19. Ordinance Compliance. The project shall remain in compliance with all other applicable requirements of the Pittsylvania County Code § 35-141(D), § 35-141(E), and § 35-141(F) not specifically stated in the conditions of this Special Use Permit. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-22-003 as submitted. 2. Recommend approval of Case S-22-003 subject to conditions by staff. 3. Recommend approval of Case S-22-003 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-22-003 as submitted. ATTACHMENTS: A. Application B. Letter of Intent C. Executive Summary D. Petition E. Sign Affidavit F. Adjacent Parcel Owners G. Special Power of Attorney H. Conceptual Plan 9.4 Packet Pg. 43 9.4.a Packet Pg. 44 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 45 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 46 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 47 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 48 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 49 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 50 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 51 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 52 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 53 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 54 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 55 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 56 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 57 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 58 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 59 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 60 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 61 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 62 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 63 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 64 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 65 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 66 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 67 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 68 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 69 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 70 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 71 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 72 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 73 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 74 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 75 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 76 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 77 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 78 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 79 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 80 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 81 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 82 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 83 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 84 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 85 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 86 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 87 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 88 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 89 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 90 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 91 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 92 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 93 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 94 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 95 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 96 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 97 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 98 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 99 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 100 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 101 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 102 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 103 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 104 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 105 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 106 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 107 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 108 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 109 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 110 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 111 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 112 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 113 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.a Packet Pg. 114 Attachment: S-22-003 Firefly Energy App (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.bPacket Pg. 115Attachment: S-22-003 Firefly Energy,LLC Map (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 116Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 117Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 118Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 119Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 120Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 121Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 122Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 123Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 124Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 125Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 126Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 127Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 128Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 129Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 130Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 131Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 132Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.cPacket Pg. 133Attachment: S-22-003 Firefly Energy, Concept Plan (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 134 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 135 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 136 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 137 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 138 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 139 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 140 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 141 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 142 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 143 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 144 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 145 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 146 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 147 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC) 9.4.d Packet Pg. 148 Attachment: S-22-003 Firefly Energy, Siting Agreement (2995 : Case S-22-003 Firefly Solar, LLC)