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HomeMy WebLinkAboutSP201900010 Approval - County 2020-01-23OP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone 434) 296-5832 Fax (434) 972-4126 January 24, 2020 Charlie Johnson Apex Clean Energy 310 411, Street NE, Suite 300 Charlottesville VA 22903 RE: SP201900010 Rivanna Solar Dear Mr. Johnson, On December 18, 2019 the Board of Supervisors took action on your Special Use Permit application proposal on Tax Map Parcel Number 09400-00-00-017AO in the Scottsville District. The Special Use permit was approved by the Board's adoption of the attached resolution and conditions. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes; compliance with conditions of the SPECIAL USE PERMIT; approval of and compliance with a SITE PLAN; and approval of a ZONING COMPLIANCE CLEARANCE. Before beginning uses as allowed by this special use permit or if you have questions regarding the above -noted action, please contact Rebecca Ragsdale at 296-5832. Sincerely, Scott Clark Senior Planner Planning Cc: Carolyn P Sweeny 2427 Thomas Jefferson Pkwy Charlottesville VA 22902 Rivanna Solar LLC 310 4th Street NE, Suite 300 Charlottesville VA 22903 RESOLUTION TO APPROVE SP 2019-10 RIVANNA SOLAR WHEREAS, the Applicant submitted a request to amend a special use permit that was previously approved (SP 2017-18 Rivanna Solar) by extending the expiration date by three years, from March 14, 2020 to March 14, 2023, and the application is identified as SP201900010 Rivanna Solar (" SP 2019-10"); and WHEREAS, on November 12, 2019, after a duly noticed public hearing, the Albemarle County Planning Commission recommended approval of SP 2019-10 with staff recommended conditions; and WHEREAS, on December 18, 2019, the Albemarle County Board of Supervisors held a duly noticed public hearing on SP 2019-10. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report prepared for SP 2019-10 and all of its attachments, the information presented at the public hearing, any written comments received, and the factors relevant to a special use permit in Albemarle County Code §§ 18-I0.2.2(58) and 1.8-33.40, the Albemarle County Board of Supervisors hereby approves SP 2019-10, subject to the conditions attached hereto. 1, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on December 18, 2019. Clerk, Board of ounty Sup sons'~ Aye Nay Mr. Dill Y Mr. Gallaway Y Ms. Mallek Y Ms, McKeei Y Ms. Palmer Y Mr. Randolph Y SP 2019-10 Rivau,na Solar Special Use Permit Conditions 1. Development and use shall be in general accord with the following revised plans prepared by Draper Aden Associates titled "Conceptual Layout, Rivanna Solar Farm" dated January 5, 2018 (hereinafter "Concept Plan") as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Concept Plan, development and use shall reflect the following major elements as shown on the Concept Plan: a) Location of solar development envelopes; b) Location of access/entrance improvements; c) Location of equipment yard; and d) Retention of wooded vegetation in stream buffers Land disturbance, which includes but is not limited tograding, excavation, filling of land, the felling of trees, and the removal of tree stumps, shall be limited to the areas shown on the Concept Plan as "Proposed Solar Development EnveIopes," "Proposed Landscape Buffer" areas, and the "Temporary Construction Entrance" and the "Permanent Entrance" areas, unless additional land disturbance is approved by the Director of Planning in writing and prior to the land disturbance. Minor modifications, with the approval of the Zoning Administrator and the Directorof Planning, to the Concept Plan that do not otherwise conflict with the elements listed above may be made to ensure compliance with the Zoning Ordinance. 2. Landscaping and screening shall be substantially the same as shown on the revised plan prepared by Draper Aden Associates titled "Landscape Buffer Details" dated January 5, 2018, and shall be planted as shown on a landscaping plan approved by the Director of Planning or his or her designee. 3. All inverters shall be set back at least one hundred (100) feet firm property lines and rights -of -way. 4. The applicant shall submit a tree -protection agreement between the applicant and the landowner of Tax Map Parcel 09300-00-00-047E0 with the building permit application. This agreement shall prohibit the removal of shrubs or trees (except for non-native or invasive species) by either party within 475 feet of the rear boundary of this parcel until decommissioning of the solar energy facility on Tax Map Parcel 09400-00-00-017AO is complete. The tree -protection agreement shall be subject to review and approval by the County Attorney, and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the County of Albemarle. Prior to issuance of a building permit, the tree -protection agreement shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle. 5. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting properties. 6. The applicant shall submit a decommissioning and site rehabilitation plan (hereinafter "Decommissioning Plan") with the building permit application that shall include the following items: a) A description of any agreement (e.g. lease) with all landowners regarding decommissioning; b) The identification of the party currently responsible for decommissioning; c) The types of panels and material specifications being utilized at the site; d) Standard procedures for removal of facilities and site rehabilitation, including recompacting and reseeding; e) An estimate of all costs for the removal and disposal of solar panels, structures, cabling, electrical components, roads, fencing, and any other associated facilities above ground or up to thirty-six (36) inches below grade or down to bedrock, whichever isless; and fj An estimate of all costs associated with rehabilitation of the site. The Decommissioning Plan shall be prepared by a third -party engineer and must be signed off by the party responsible for decommissioning, and all landowners of the property included in the project. The Decommissioning Plan shall be subject to review and approval by the County Attorney and County Engineer, and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the County of Albemarle. 7. Prior to issuance of a building permit, the Decommissioning Plan shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle, 8. The Decommissioning Plan and estimated costs shall be updated every five years, upon change of ownership of either the property or the project's owner, or upon written request from the Zoning Administrator. Any changes or updates to the Decommissioning Plan shall be recorxled in the office of the Circuit Court of the County of Albemarle. 9. The Zoning Administrator shall be notified in writing within 30 days of the abandonment or discontinuance of the use. 10. All physical improvements, materials, and equipment (including fencing) related to solar energy generation, both above ground and underground, shall be removed entirely, and the site shall be rehabilitated as described in the Decommissioning plan, within 180 days of the abandonment or discontinuance of the use. In the event that a piece of an underground component breaks off or is otherwise unrecoverable from the surface, that piece shall be excavated to a depth of at least 36 inches below the ground surface. 11. If the use, structure, or activity for which this special use permit is issued is not commenced by March 101, 2023, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate.