BZA Packet 11 07 2022
BOARD OF ZONING APPEALS
REGULAR MEETING
Monday, November 7, 2022 – 6:00 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. APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES
1. BZA Minutes 10 13 2022
VII. OLD BUSINESS
VIII. NEW BUSINESS
IX. CHAIRMAN'S REPORT
X. PUBLIC HEARING
Regular Meeting - November 7, 2022
Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the
Board of Zoning Appeals have been empowered to hear and decide specific applications
and appeals in support of said ordinance. In accomplishing this important task we are
charged with promoting the health, safety, and general welfare of the citizens of
Pittsylvania County. We must insure that all our decisions and recommendations be
directed to these goals and that each be consistent with the environment, the
comprehensive plan and in the best interest of Pittsylvania County, its citizens and its
posterity. Anyone here to speak to the board, other than the applicant, regarding zoning
cases will be limited to (3) three minutes.
1. Public Hearing: Case S-22-022 William Dawson; Special Use Permit for the sales,
service, and repair of automobiles in accordance with Pittsylvania County Code § 35-
347
XI. ADJOURNMENT
Board of Zoning Appeals
STAFF SUMMARY
Case: BZA Minutes 10 13 2022 District:
Zoning Request:
Agenda Date: November 07, 2022
Meeting History:
6.1
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October 13, 2022
Regular Meeting
Pittsylvania County Board of Zoning Appeals
Regular Meeting
October 13, 2022
VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held
on October 13, 2022 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia.
Chairman R. Allan Easley, called the meeting to order at 6:00 PM. The following members were
present:
Attendee Name Title Status Arrived
R. Allan Easley Chairman Present 5:37 PM
Ronald E. Merricks Vice-Chairman Present 5:40 PM
Ryland Brumfield Board Member Present 5:39 PM
Joseph A. Craddock Board Member Present 5:39 PM
Ann Deering Board Member Present 5:39 PM
Hershel Stone Board Member Present 5:40 PM
Carroll Yeaman Board Member Present 5:36 PM
APPROVAL OF AGENDA
Upon motion of Mr. Yeaman, seconded by Mr. Stone, and by a unanimous vote, the agenda was
approved as presented.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Carroll Yeaman, Board Member
SECONDER: Hershel Stone, Board Member
AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman
APPROVAL OF MINUTES
1. BZA Minutes 09 12 2022
Upon motion of Mr. Merricks, seconded by Mr. Craddock, and by a unanimous vote, the minutes
were approved as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ronald E. Merricks, Vice-Chairman
SECONDER: Joseph A. Craddock, Board Member
AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman
OLD BUSINESS
Mrs. Ragsdale stated that the joint work session for the zoning ordinance rewrite will take place
on October 18th at 2:00 p.m. This will be the first of seven meetings that will be held every other
month before Board of Supervisor meetings.
6.1.a
Packet Pg. 4 Attachment: BZA Minutes 10 13 2022.doc (3428 : BZA Minutes 10 13 2022)
NEW BUSINESS
Mrs. Ragsdale stated there will be one Special Use Permit case for the month of November.
CHAIRMAN'S REPORT
There was no Chairman's Report.
PUBLIC HEARING
1. Public Hearing: Case S-22-020 Olde Dominion Agricultural Foundation, Inc; Special Use
Permit for a Private Recreational Facility (Event Venue)
The zoning precepts were read by Mr. Easley to open the public hearing at 6:04 p.m. Mrs.
Ragsdale, Director of Community Development, reported that Olde Dominion Agricultural
Foundation, Inc. petitioned for a Special Use Permit for a Private Recreational Facility (Eve nt
Venue) on three parcels totaling 20.71 acres, located on US Highway 29 in the Banister Election
District. Mrs. Ragsdale represented the petition. There was no opposition to the petition. Mr.
Easley closed the public hearing at 6:06 p.m. Mr. Yeaman stated this facility is an asset to the
county. The Board discussed the petition as the Committee of the Whole. Whereas, Olde Dominion
Agricultural Foundation, Inc. has petitioned the Board of Zoning Appeals for a Special Use Permit
for a Private Recreational Facility (Event Venue). A motion was made by Mr. Merricks, seconded
by Mr. Brumfield, that the Board of Zoning Appeals grant the Special Use Permit.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ronald E. Merricks, Vice-Chairman
SECONDER: Ryland Brumfield, Board Member
AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman
2. Public Hearing: Case S-22-021 Hopewell Solar, LLC; Special Use Permit for a Utility
Scale Solar Energy Facility
Mr. Easley recused himself due to personal interest in this case as being an adjacent parcel owner.
Mr. Stowe also recused himself as being an adjoining parcel owner. Mr. Merricks opened the
public hearing at 6:11 p.m. Mrs. Ragsdale, Director of Community Development, reported that
Hopewell Solar, LLC, petitioned for a Special Use Permit for a utility scale solar facility on twenty-
eight (28) parcels totaling 2578.49 acres, located on State Road 834/Hopewell Road, State Road
718/Dry Fork Road, State Road 1044/Beechnut Road, State Road 1099/Hylton Lane and State
Road 772/Daniel Court in the Tunstall and Chatham-Blairs Election Districts and shown on the
Tap Map as GPIN #s 1493-76-7622, 1493-76-7998, 2403-00-5787, 1492-98-8403, 2402-57-2108,
2402-19-7738, 1493-83-5560, 1493-66-0628, 1493-46-2160, 2402-33-9883, 2402-26-5974, 2402-
41-1695, 2402-14-7646, 2402-58-5611, 2403-50-9989, 2403-71-4078, 2402-49-6956, 2402-65-
2646, 2402-37-9409, 2402-77-0019, 2403-90-5329, 2413-42-0015, 2413-11-3937, 2413-44-6256,
2413-55-1717, 2413-21-1679, 2413-24-0281, 2413-66-8522. Anthony Deyerle represented the
petition and presented a power point presentation. This project will be up to 149 megawatts.
Approximately 2,100 acres will be under site control with only 900 acres having solar panels,
buffers and setbacks have also been increased on this project. Mr. Deyerle stated that the goal of
this project was to conceal it as much as possible. He also stated that the construction period will
be 12-18 months. Mr. Merricks asked who owns the project. Mr. Deyerle stated that Dominion
Energy is interested. There was no opposition to the petition. Mr. Merricks closed the public
6.1.a
Packet Pg. 5 Attachment: BZA Minutes 10 13 2022.doc (3428 : BZA Minutes 10 13 2022)
hearing at 6:24 p.m. The Board discussed the petition as the Committee of the Whole. Whereas,
Hopewell Solar, LLC. has petitioned the Board of Zoning Appeals for a Special Use Permit for a
utility scale solar facility. A motion was made by Mr. Yeaman, seconded by Mrs. Deering, that
the Board of Zoning Appeals grant the Special Use Permit with 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
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
6.1.a
Packet Pg. 6 Attachment: BZA Minutes 10 13 2022.doc (3428 : BZA Minutes 10 13 2022)
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. Upon request, staff can administratively grant up
to one (1) additional year.
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.
6.1.a
Packet Pg. 7 Attachment: BZA Minutes 10 13 2022.doc (3428 : BZA Minutes 10 13 2022)
RESULT: APPROVED [5 TO 0]
MOVER: Carroll Yeaman, Board Member
SECONDER: Ann Deering, Board Member
AYES: Merricks, Brumfield, Craddock, Deering, Yeaman
ABSTAIN: Easley, Stone
ADJOURNMENT
The meeting was adjourned at 6:29 p.m.
6.1.a
Packet Pg. 8 Attachment: BZA Minutes 10 13 2022.doc (3428 : BZA Minutes 10 13 2022)
Board of Zoning Appeals
STAFF SUMMARY
Case: Public Hearing: Case S-
22-022 William Dawson
District: Chatham-Blairs Election District
Zoning Request: SUP
Agenda Date: November 07, 2022
Meeting History:
SUBJECT
Requested by William Dawson, for a Special Use Permit for the sales, service, and repair of
automobiles in accordance with Pittsylvania County Code § 35-347. The property is 2.36 acres,
located on State Road 41/Franklin Turnpike, in the Chatham-Blairs Election District and shown
on the Tap Map as GPIN # 2410-27-8775.
BACKGROUND/DISCUSSION
William Dawson is requesting a Special Use Permit the sales, service, and repair of automobiles
in accordance with Pittsylvania County Code § 35-347. He is requesting to operate a service
station and a used car lot at this location. In November 2020, the subject property was rezoned
from R-1, Residential Suburban Subdivision District, to B-1, Business District, Limited in
preparation for a Special Use Permit application for this use. He will be using an existing
structure on the property, which he is currently renovating. The applicant has stated that he will
only be servicing the vehicles for sale on the property in the existing structure. If he opens a
service station, another building will be built on the property to house that use. He currently has
no immediate plans to construct another building or open a public service station at this location.
Parking for customers is shown on his concept plan along the front of the existing building.
Vehicles for sale will be parked in an area to the left of the existing building, also shown on the
site plan submitted by the applicant.
DIRECTIONS
The address is 4308 Franklin Turnpike.
SURROUNDING LAND USE AND ZONING DISTRICTS
Mostly surrounded by R-1, Residential Suburban Subdivision District, B-1, Business District
Limited, and M-1, Industrial District, Light Industry, zoned properties.
SITE DEVELOPMENT PLAN
An existing building will be used for this operation. A site plan is included.
RECOMMENDATION
Staff recommends APPROVAL of Case S-22-022 with the following conditions:
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1. Repair activities shall be contained within an enclosed structure.
2. Inoperable vehicles shall not be stored on the property for longer than sixty (60) days in
accordance with Pittsylvania County Code Chapter 9 and must be stored in an area
screened in accordance with PCC § 35-121. Screened areas for inoperable vehicles shall
be a minimum of 50 feet from adjacent property lines
3. Onsite parking must be provided in accordance with PCC § 35-82.
4. Any vehicles on the lot for sale must be parked within a designated parking area.
Vehicles cannot be parked on grass areas.
PLANNING COMMISSION MOTIONS:
1. Recommend approval of Case S-22-022 as submitted.
2. Recommend approval of Case S-22-022 subject to conditions by staff.
3. Recommend approval of Case S-22-022 subject to conditions by the Planning
Commission.
4. Recommend denial of Case S-22-022 as submitted.
ATTACHMENTS:
A. Application
B. Letter of Intent
C. Executive Summary
D. Petition
E. Sign Affidavit
F. Adjacent Parcel Owners
PLANNING COMMISSION RECOMMENDATION
On October 4, 2022, the Planning Commission recommended, by a 6-0 vote, with no opposition,
that the Petitioner’s request be granted with conditions by Staff.
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10.1.a
Packet Pg. 11 Attachment: S-22-022 William Dawson App (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.a
Packet Pg. 12 Attachment: S-22-022 William Dawson App (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.a
Packet Pg. 13 Attachment: S-22-022 William Dawson App (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.a
Packet Pg. 14 Attachment: S-22-022 William Dawson App (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.a
Packet Pg. 15 Attachment: S-22-022 William Dawson App (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.a
Packet Pg. 16 Attachment: S-22-022 William Dawson App (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.a
Packet Pg. 17 Attachment: S-22-022 William Dawson App (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.b
Packet Pg. 18 Attachment: S-22-022 William Dawson Map (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.c
Packet Pg. 19 Attachment: S-22-022 Dawson Concept Plan (3425 : Public Hearing: Case S-22-022 William Dawson)
10.1.c
Packet Pg. 20 Attachment: S-22-022 Dawson Concept Plan (3425 : Public Hearing: Case S-22-022 William Dawson)