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BZA Minutes 07 14 2020 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING July 14, 2020 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, July 14, 2020, at the Community Center, Chatham, Virginia. Mr. Talbott, Chairman, called the meeting to order at approximately 7:00 p.m. Mrs. Ragsdale called the roll. PRESENT Kenneth Talbott R. Allan Easley Helen Glass Joseph “Jay” Craddock Ronald Merricks Carroll Yeaman Emily Ragsdale Karen N. Hayes Christopher Dadak, Attorney ABSENT Ann Deering APPROVAL OF THE AGENDA Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a 6 to 0 vote (one (1) member, Mrs. Deering, was absent), the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Easley, seconded by Mrs. Glass, and by a 6 to 0 vote (one (1) member, Mrs. Deering, was absent), the June 9, 2020, minutes were approved as presented. OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale reported there is one (1) case for August, a Special Use Permit for a kennel. Board of Zoning Appeals July 14, 2020 Page 2 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. Case S-20-009, RE Blue Ridge, LLC – Mr. Talbott opened the public hearing at 7: 03 p.m. Mrs. Ragsdale, Director of Community Development, reported that RE Blue Ridge, LLC, had petitioned for a Special Use Permit on a total of 2,263.19 acres, located on Tightsqueeze, Irish, West Giles, Hickory, Concord, and Deep Run Roads; on Newby Lane, and off White Oak Circle, in the Callands-Gretna, Banister, and Tunstall Election Districts for a utility scale solar energy facility. She then stated the Planning Commission recommended by a 6 to 0 vote, with no opposition, that the petitioner’s request be granted as presented in the Board Packet with amended conditions. She further stated the staff summary was in the board packet for their review. Stephen Barna and Adam Peterson with RE Blue Ridge, LLC, were present to represent the petition. Mr. Barna gave a brief overview of the Project and answered questions from the Board members. There was no opposition to the petition. Mr. Talbott closed the public hearing at 7:13 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mrs. Glass, seconded by Mr. Easley, the following motion was adopted: Whereas, RE Blue Ridge, 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. 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 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 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 Board of Zoning Appeals July 14, 2020 Page 3 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. 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 department regarding battery storage. Motion passed by a 6 to 0 vote (one (1) member, Mrs. Deering, was absent). Board of Zoning Appeals July 14, 2020 Page 4 This concludes the Special Use Permit case. The meeting was adjourned at approximately 7:30 p.m.