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BZA Minutes 07 09 2019 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING July 9, 2019 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, July 9, 2019, in the General District Courtroom, Chatham, Virginia. Mr. Talbott, Chairman, called the meeting to order at approximately 7:00 p.m. Mrs. Hayes called the roll. PRESENT Kenneth Talbott R. Allan Easley Leon Griffith Helen Glass Joseph “Jay” Craddock Ronald Merricks Karen N. Hayes Christopher Dadak, Attorney ABSENT Carroll Yeaman APPROVAL OF THE AGENDA Upon motion of Mr. Merricks, seconded by Mrs. Glass, and by a 6 to 0 vote (one (1) member, Mr. Yeaman, was absent), the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Griffith, seconded by Mr. Craddock, and by a 6 to 0 vote (one (1) member, Mr. Yeaman, was absent), the June 11, 2019, minutes were approved as presented. OLD BUSINESS Revocation of Special Use Permit S-05-012, Steven Anderson, issued on June 14, 2005 – Mrs. Hayes reported that this case will be coming up in the August, 2019, cycle. She then stated Mr. Anderson is making some progress in cleaning up his property. Board of Zoning Appeals July 9, 2019 Page 2 NEW BUSINESS Mrs. Hayes reported there are two (2) cases for next month, a Special Use Permit for extension of existing Special Use Permit S-92-002 to allow ATV trails, mud bog, and a campground and a Special Use Permit for a utility-scale solar energy facility. Mr. Talbott then stated the applicant for the extension of the existing Special Use Permit will need to submit a site development plan. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ by Mr. Talbott TO OPEN THE PUBLIC HEARING at approximately 7:04 p.m. Case S-19-005, William C. Dawson, II – Mr. Talbott opened the public hearing at 7:04 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that William Dawson had petitioned for a Special Use Permit on 0.48 acre, located on Mount Hermon Circle, in the Chatham-Blairs Election District for a public garage. She then stated the Planning Commission recommended by a 6 to 1 vote, with opposition, that the petitioner’s request be denied. Mr. Dawson was present to represent the petition. He gave a brief description of the garage, stating the existing shop was built approximately three (3) years ago, it has two (2) bays, and a closed fence surrounds the garage. He then stated all the concerns of the community had been met. Following questioning from several of the Board members, Mr. Dawson stated the maximum number of vehicles on his property could be reduced to a total of ten (10) vehicles. He then stated his hours of operation would be 8:00 a.m. to 6:00 p.m., Monday through Friday. Julie Carlisle, Dianne McMahon, and Will Gordon spoke during the hearing. Mr. Gordon spoke in favor of the petition and stated Mr. Dawson has made many improvements to his property and tries to respect his neighbors. Ms. McMahon and Ms. Carlisle spoke in opposition to the petition. Their concerns included, but were not limited to, the following: (1) The property will look like commercial property; (2) The fence does not completely surround the entire area; (3) Safety issues; (4) Traffic issues, etc. Ms. McMahon also stated Ms. Bonnie Meadors, an adjacent parcel owner who spoke at the July 2, 2019, Planning Commission meeting, could not attend the Board of Zoning Appeals meeting due to work obligations, and she presented a copy of Ms. Meadors’ speech that was used at the previous week’s meeting in opposition to the petition. Mr. Dawson offered a rebuttal and stated he respects his neighbors, and he has been making improvements to his property. He then stated no cars will be towed, cars are not in the street, and he will keep the area clean. He also stated he will not be working over regular business hours, and he is willing to fence in his back yard. Mr. Talbott closed the public hearing at 7:26 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Craddock, seconded by Mr. Griffith, the following motion was adopted: Whereas, William C. Dawson. II, has petitioned the Board of Zoning Appeals for a Special Use Permit for a public garage, 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) No towing of vehicles in or out of the property; (2) Maximum number of vehicles shall be limited to ten; (3) Hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday; (4) Shall comply with the Noise Ordinance; (5) No outside storage of parts. Storage shall be limited to the existing shed and out of sight; (6) Wood fence must be maintained and encompass entire area, including the back side; (7) No on-street parking allowed. Motion passed by a 4 to 2 vote (one (1) member, Mr. Yeaman, was absent). The Board members voting to grant the motion were as Board of Zoning Appeals July 9, 2019 Page 3 follows: Mr. Talbott, Mrs. Glass, Mr. Craddock, and Mr. Griffith. The Board members voting to deny the motion were as follows: Mr. Merricks and Mr. Easley. Case S-19-006, Michaux Solar Center, LLC – Mr. Talbott opened the public hearing at 7:44 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Michaux Solar Center, LLC, had petitioned for a Special Use Permit on a total of 566.86 acres located in Pittsylvania County, (the actual total acreage is 900 acres, and the rest is located in Henry County), located on Cascade Road, Michaux Road, and Leaksville Junction Road, in the Tunstall Election District for a large-scale solar facility. Victoria Alexander was present to represent the petition. Ms. Alexander provided a brief overview of the proposed solar project and answered questions from the Board members. There was no opposition to the petition. Mr. Talbott closed the public hearing at 7:56 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Griffith, seconded by Mrs. Glass, the following motion was adopted: Whereas, Michaux Solar Center, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a large - 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. 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 will be designed to be at least 8 feet high at maturity of any new plantings, and shall be a minimum of 4-6 feet in height at time of planting. 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. Any damage to public roads caused by construction will be promptly repaired. Board of Zoning Appeals July 9, 2019 Page 4 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. Motion passed by a 6 to 0 vote (one (1) member, Mr. Yeaman, was absent). Case S-19-007, Roark Mill Solar I – Mr. Talbott opened the public hearing at 8:02 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Roark Mill Solar I, had petitioned for a Special Use Permit on a total of 252.96 acres, located on Jacobs Road and Roark Mill Road, in the Staunton River Election District for a large-scale solar facility. Stephen Young was present to represent the petition. Mr. Young provided a brief overview of the proposed solar project and answered questions from the Board members. There was no opposition to the petition. Mr. Talbott closed the public hearing at 8:19 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Merricks, seconded by Mr. Easley, the following motion was adopted: Whereas, Roark Mill Solar I, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a large-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: Board of Zoning Appeals July 9, 2019 Page 5 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 will be designed to be at least 8 feet high at maturity of any new plantings, and shall be a minimum of 4-6 feet in height at time of planting. 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. Any damage to public roads caused by construction will be promptly repaired. 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 Board of Zoning Appeals July 9, 2019 Page 6 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 departments regarding battery storage. Motion passed by a 6 to 0 vote (one (1) member, Mr. Yeaman, was absent). This concludes the Special Use Permit cases. The meeting was adjourned at approximately 8:28 p.m.