PC Minutes 07 05 2022July 5, 2022
Regular Meeting
Pittsylvania County Planning Commission
Regular Meeting
July 5, 2022
VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on
July 5, 2022 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman -
Westover District H.F. Haymore, called the meeting to order at 7:15 PM. The following members
were present:
Attendee Name Title Status Arrived
H.F. Haymore Chairman - Westover District Present 6:56 PM
Nathan Harker Vice Chairman - Staunton River District Present 6:53 PM
Colette Henderson Member - Banister District Present 6:43 PM
Janet Mease Member - Callands-Gretna District Present 6:44 PM
Brian K. Horne Member - Dan River District Present 6:52 PM
Gary Oakes Member - Tunstall District Present 7:08 PM
Richard Waters Member - Chatham-Blairs District Present 7:11 PM
Darrell Dalton Board of Supervisors Rep Present 6:57 PM
HEARING OF CITIZENS
No citizens came forward to speak.
APPROVAL OF AGENDA
A motion was made by Mr. Dalton, seconded by Mrs. Mease, and by a eight (8) to zero (0) vote,
the agenda was approved as presented.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Darrell Dalton, Board of Supervisors Rep
SECONDER: Janet Mease, Member - Callands-Gretna District
AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton
APPROVAL OF MINUTES
1. PC Minutes 06_07_2022
A motion was made by Mr. Waters, seconded by Mr. Harker, and by a eight (8) to zero (0) vote,
the minutes were approved as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Richard Waters, Member - Chatham-Blairs District
SECONDER: Nathan Harker, Vice Chairman - Staunton River District
AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton
CHAIRMAN'S REPORT
Mr. Haymore reported that on June 21, 2022, Mr. Harker was named Logger of the Year at the
VFA Conference in Blacksburg.
PUBLIC HEARING
1. Public Hearing: Case R-22-020 Lisa Wilkinson; Rezoning from R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District (Horne)
Mr. Haymore opened the public hearing at 7:16 p.m. Mrs. Hayes, Deputy Director of Community
Development, reported that Lisa Wilkinson had petitioned to rezone 0.617 acres, located on State
Road 968/Sandy Creek Church Road, from R-1, Residential Suburban Subdivision District, to A-
1, Agricultural District to allow for the property to be consolidated with adjacent property zoned
A-1. Mrs. Hayes represented the petition. There was no opposition to the petition. Mr. Haymore
closed the public hearing at 7:17 p.m. A motion was made by Mr. Horne, seconded by Mr. Harker,
to recommend the Board of Supervisors grant the zoning request. Motion passed by an eight (8) to
zero (0) vote.
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
2. Public Hearing: Case R-22-022 Donnie Devall, Jr.; Rezoning from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District (Haymore)
Mr. Haymore opened the public hearing at 7:17 p.m. Mrs. Hayes, Deputy Director of Community
Development, reported that Donnie Devall, Jr. had petitioned to rezone 4.6 acres, located on State
Road 870/Vandola Road, from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District to allow for the property to be consolidated with adjacent property zoned A-
1. Mrs. Hayes represented the petition. There was no opposition to the petition. Mr. Haymore
closed the public hearing at 7:19 p.m. A motion was made by Mr. Horne, seconded by Mr. Waters,
to recommend the Board of Supervisors grant the zoning request. Motion passed by an eight (8) to
zero (0) vote.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gary Oakes, Member - Tunstall District
SECONDER: Richard Waters, Member - Chatham-Blairs District
AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton
3. Public Hearing: Case R-22-024 William and Kristy Astin; Rezoning from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District (Horne)
Mr. Haymore opened the public hearing at 7:20 p.m. Mrs. Hayes, Deputy Director of Community
Development, reported that William & Kristy Astin had petitioned to rezone 3.65 acres, located
on State Road 989/Airport Road, from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District to allow for the property to be consolidated with adjacent property zoned A-
1. William Astin represented 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. Horne, seconded by Mr. Harker,
to recommend the Board of Supervisors grant the zoning request. Motion passed by an eight (8) to
zero (0) vote.
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
4. Public Hearing: Case R-22-025 Charles Turner and Michael Turner; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (Oakes)
Mr. Haymore opened the public hearing at 7:21 p.m. Mrs. Hayes, Deputy Director of Community
Development, reported that Charles Turner had petitioned to rezone 1.0 acre, located on State Road
851/Sugartree Church Road, from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District to allow for the property to be consolidated with adjacent property zoned A-
1. Charles Turner represented the petition. There was no opposition to the petition. Mr. Haymore
closed the public hearing at 7:23 p.m. A motion was made by Mr. Oakes, seconded by Mrs.
Henderson, to recommend the Board of Supervisors grant the zoning request. Motion passed by
an eight (8) to zero (0) vote.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gary Oakes, Member - Tunstall District
SECONDER: Colette Henderson, Member - Banister District
AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton
5. Public Hearing: Case S-22-014 Joshua and Amy Jennings; Special Use Permit for an Indoor
Gun Range (Oakes)
Mr. Haymore opened the public hearing at 7:24 p.m. Mrs. Hayes, Deputy Director of
Community Development, reported that Joshua & Amy Jennings had petitioned for a Special
Use Permit for an indoor gun range on 9.83 acres, located on State Road 58/Martinsville Hwy.
Joshua Jennings represented the petition. There was no opposition to the petition. Mr. Haymore
closed the public hearing at 7:27 p.m. A motion was made by Mr. Oakes, seconded by Mrs.
Mease, to recommend the Board of Zoning Appeals grant the Special Use Permit request with
the three conditions listed.
1. All shooting lanes must be contained within an enclosed structure.
2. Lanes must be constructed to contain bullets within its walls, ceiling, and floor and must
be properly vented.
3. The facility must meet Department of Energy standards and Uniform Statewide Building
Code requirements where applicable.
Motion passed by an eight (8) to zero (0) vote.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gary Oakes, Member - Tunstall District
SECONDER: Janet Mease, Member - Callands-Gretna District
AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton
5. 3248 has been moved to Public Hearing
6. Public Hearing: Case S-22-015 Bradley Boswell; Special Use Permit for a Double-wide
Mobile Home (Mease)
Mr. Haymore opened the public hearing at 7:28 p.m. Mrs. Hayes, Deputy Director of
Community Development, reported that Bradley Boswell had petitioned for a Special Use
Permit for a Double-Wide Mobile Home on 1.0 acre, located on Hwy 40/E Gretna Road.
Bradley Boswell represented the petition. There was no opposition to the petition. Mr.
Haymore closed the public hearing at 7:29 p.m. A motion was made by Mrs. Mease, seconded
by Mr. Waters, to recommend the Board of Zoning Appeals grant the Special Use Permit
request. Motion passed by an eight (8) to zero (0) vote.
RESULT: APPROVED [UNANIMOUS]
MOVER: Janet Mease, Member - Callands-Gretna District
SECONDER: Richard Waters, Member - Chatham-Blairs District
AYES: Haymore, Harker, Henderson, Mease, Horne, Oakes, Waters, Dalton
7. Public Hearing: Case S-22-016 Pittsylvania CSG LLC; Special Use Permit for a Utility
Scale Solar Energy Facility (Henderson)
Mr. Haymore opened the public hearing at 7:30 p.m. Mrs. Hayes, Deputy Director of
Community Development, reported that Pittsylvania CSG, LLC, had petitioned for a Special
Use Permit for a utility scale solar energy facility on 52.01 acres, located on State Road
724/Mill Creek Road. Kieran Siao represented the petition and presented a power point slide
show to the board. Mr. Horne asked if this was a community scale solar facility rather than a
utility scale solar energy facility and Mr. Siao stated that it was. Mr. Horne stated that only
Dominion customers would be able to benefit from this project. Mrs. Henderson asked about
Mill Creek being the main benefactor or if any Dominion customer could benefit, Mr Siao
stated that this project will only be able to accommodate 750 households maximum. Willie
Fitzgerald spoke and said that he did not know of any opposition from any neighbors in the
area. There was no opposition to the petition. Mr. Haymore closed the public hearing at 8:03
pm. A motion was made by Mrs. Henderson, seconded by Mrs. Mease, to recommend the
Board of Zoning Appeals grant the Special Use Permit request with the 20 conditions listed.
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
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.
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.
20. Revenue Share. The Applicant, and if different than the Applicant, the facility owner
and/or operator, shall provide annual cash payments in accordance with the provisions of
Virginia Code § 58.1-2636. The amount of such annual cash payment shall be equal to
$1,400 per megawatt as measured in alternating current (AC) generation capacity of the
nameplate capacity of the facility based on submissions by the Applicant, and if different
than the Applicant, the facility owner and/or operator, to the interconnecting utility, with a
2% annual compounding escalator beginning on July 1, 2026. The Applicant and the
county acknowledge and agree that the county may identify in future budget years
qualifying public improvements that may be funded by the annual cash payments to be
provided by the facility owner and/or operator.
The first payment will be due on or before the date that is 90 days following the
commencement of commercial operation of the community solar facility. Subsequent
payments will be due on each anniversary of the commercial operation date until the earlier
of (i) the 35th anniversary of the commercial operation date, with a final payment being made
on such anniversary, or (ii) the commencement of decommissioning the community solar
facility. The Applicant, facility owner and/or operator shall provide written notice to the
Director of Community Development within ten (10) business days of when the community
solar facility commences commercial operation. The payment by the Applicant, facility
owner, and/or operator of all annual cash payments shall be a condition of this permit. The
permit holder and/or owner shall be jointly and severally responsible for the payment of all
annual cash payments required by this condition.
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
8. Public Hearing: Case S-22-017 Dry Fork Solar 1, LLC; Special Use Permit for a Utility
Scale Solar Energy Facility (Waters)
Mr. Haymore opened the public hearing at 8:04 p.m. Mrs. Hayes, Deputy Director of
Community Development, reported that, Dry Fork Solar 1, LLC, had petitioned for a Special
Use Permit for a utility scale solar energy facility on 47.36 acres, located on US Highway 29.
Claire Habel & Andrew Cavanaugh were there to represent the petition and presented a power
point slide show to the board. Mr. Horne asked if Borrego would own the project or if it would
be sold. Ms. Habel stated that Borrego develops the project and then ownership and
maintenance will be taken over by another company. Mr. Waters thanked them for providing
such detailed information for the agenda packet. Mrs. Mease says she is happy that it will not
be visible from US Highway 29. There was no opposition to the petition. Mr. Haymore closed
the public hearing at 8:28 pm. A motion was made by Mr. Waters, seconded by Mrs. Mease,
to recommend the Board of Zoning Appeals grant the Special Use Permit request with the 19
conditions listed.
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
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.
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.
Motion passed by an eight (8) to zero (0) vote.
RESULT: APPROVED [UNANIMOUS]
MOVER: Richard Waters, Member - Chatham-Blairs 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. Hayes reported that there will be six cases next month, two (2) Rezoning cases and four (4)
Special Use Permits.
ADJOURNMENT
The meeting was adjourned at 8:32