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PC Minutes 12 01 2020 PITTSYLVANIA COUNTY PLANNING COMMISSION REGULAR MEETING December 1, 2020 MINUTES VIRGINIA: The Pittsylvania County Planning Commission met on Tuesday, December 1, 2020, 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 Morris Stowe Tunstall District Janet Mease Callands-Gretna District Brian Horne Dan River District Colette Henderson Banister District Richard Waters Chatham-Blairs District Timothy Dudley Board of Supervisors Representative Emily Ragsdale Director of Community Development Karen N. Hayes Deputy Director of Community Development J. Vaden Hunt County Attorney Robin Vaughan Clerk 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 A motion was made by Mr. Dudley seconded by Mr. Horne, and by a 7 to 0 vote the agenda was approved as presented. Planning Commission November 5, 2020 Page 2 APPROVAL OF THE MINUTES A motion was made by Mr. Stowe, seconded by Mr. Dudley, and by a 7 to 0 vote, the November 5, 2020, minutes were approved as presented. CHAIRMAN’S REPORT Mr. Haymore was praised by other board members on filling the position of Chairman until a new one is appointed. THE ZONING PRECEPTS WERE READ by Mr. Haymore TO OPEN THE PUBLIC HEARING at 7:03 p.m. Case S-20-019, Axton Solar, LLC – Mr. Haymore opened the public hearing at 7:03 p.m. Mrs. Ragsdale, Director of Community Development, reported that Axton Solar, LLC has petitioned for a Special Use Permit on (16) parcels of land, a total of 1,359.71 acres located on Medical Center Road, Sugar Barbour Road, Sandy River Road, Retreat Drive, Taylor Road, Mosco Road, Maple Springs Drive, and Plantation Drive, in the Tunstall Election District (for a utility-scale solar energy facility). Trey Lopez was present to represent the petition. Mr. Haymore closed the public hearing at 7:06 pm. A motion was made by Mr. Stowe, seconded by Mrs. Mease, to recommend the Special Use Permit be granted with conditions submitted by staff. Motion passed by a 7 to 0 vote. Case S20-020, Luffman Pyrtle Real Estate, LLC – Mr. Haymore opened the public hearing at 7:08 p.m. Mrs. Ragsdale, Director of Community Development, reported that Luffman Pyrtle Real Estate, LLC has petitioned for a Special Use Permit on a total of 1.47acres, located on Franklin Turnpike, in the Westover Election District (for a kennel for boarding dogs), Ms. Laura Luffman and Ms. Lisa Pyrtle were present to represent the petition. Jeanette Bell, who owns the property at 3608 Franklin Turnpike spoke in favor of the petition. Mr. Maurice Lovern who lives at 1045 Mount Hermon Circle spoke in opposition to the petition. Mr. Haymore closed the public hearing at 7:24 p.m. A motion was made by Mrs. Horne, seconded by Mr. Dudley, to recommend the Special Use Permit be granted with conditions submitted by staff. Motion passed by a 7 to 0 vote. This concludes the Special Use Permits. S-20-018, Stewart and Debra Adkins – Mr. Motley opened the public hearing at 7:33 p.m. Mrs. Ragsdale, Director of Community Development, reported that Stewart and Debra Adkins had petitioned for a Special use permit on 151.93 acres, located on Columbus Road, in the Callands-Gretna District for a recreational Planning Commission November 5, 2020 Page 3 facility and ATV trails. Jerald Wingfield was present to represent the petition. The board and Mr. Wingfield discussed the conditions staff had recommended. There was no opposition to the petition. Mr. Motley closed the public hearing at 8:35 p.m. A motion was made by Mrs. Mease, seconded by Mr. Stowe, to recommend to the Board of Zoning Appeals that the Special Use Permit be granted with the following conditions; 1. Days of operation shall be limited to Thursday-Sunday. 2. Hours of operation shall be limited to 10:00 a.m. to 8:00 p.m. Thursday through Saturday and 1:00 p.m. to 8:00 p.m. on Sunday. 3. No alcohol permitted on premises. 4. Primitive camping only unless a separate Special Use Permit is issued for a campground. 5. Must maintain a 100-foot vegetative buffer along all exterior property lines. This does not apply to interior property lines within the total project area. 6. Must maintain a natural buffer along all waterways. 7. There shall be no ATVs in the Pigg River at any time. 8. Must remain in compliance with all applicable Erosion and Sediment Control and Stormwater regulations . 9. Must remain in compliance with all applicable Health Department regulations. 10. Night rides are permitted once per calendar year until 2:00 a.m. Motion passed by a 8 to 0 vote. Case S-20-019, Axton Solar, LLC Mr. Motley opened the public hearing at 8:39 p.m. Mrs. Ragsdale, Director of Community Development, reported that Axton Solar, LLC had petitioned for a Special Use Permit on (16) parcels of land, a total of 1,359.74 acres, located on Medical Center Road, Sugar Barbour Road, Sandy River Road, Retreat Drive, Taylor Road, Mosco Road, Maple Springe Drive and Plantation Drive, in the Tunstall Election District for a utility scale solar energy facility. Trey Lopez was present to represent the petition for Axton Solar, LLC. Ernest Roach came forward and spoke for the case. Ray Lawton spoke on concerns such as wildlife, environmental, encroachment of his family farm and decrease in property values. Mr. Dudley and Mr. Lopez discussed having a community meeting at the local fire department to update the community. Mr. Motley closed the public hearing at 7:53 p.m. A motion was made by Mr. Stowe, seconded by Mrs. Mease, to recommend to the Board of Zoning Appeals that the Special Use Permit be granted with staff recommended 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. Planning Commission November 5, 2020 Page 3 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 and 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. 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. Planning Commission November 5, 2020 Page 4 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. Survival. So long as the Project is operated in conformance with these conditions, the SUP shall continue for the life of the Project. 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. Motion passed by a 8 to 0 vote. This concludes the Special Use Permit cases. OLD BUSINESS There was no old business. The meeting was adjourned at approximately 10:04 p.m.