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HomeMy WebLinkAboutSP202100001 Review Comments Special Use Permit 2021-03-05COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 5, 2021 Bobby Jocz 300 East Main Street, Suite 200 Charlottesville, VA 22902 bobbyjocz@suntribedevelopment.com RE: SP202100001 Midway Solar Dear Mr. Jocz: Your request for Special Use Permit 202100001 for a solar energy system has been reviewed by members of Albemarle County staff and our partner agencies. Review comments are provided below, organized by Department, Division, or agency. If you choose to submit additional information or responses to any comments, the next deadline for accepting resubmittals is Monday, March 15; please see the attached "Action After Receipt of Comment Letter" for detailed information regarding resubmittals (and other options for your possible next steps). If you choose to forego any resubmittal or responses to any comments and elect to request a hearing with the PC, it will be scheduled for the earliest possible date. (Please note: requests for PC public hearing dates are always subject to confirmation based on previously -confirmed agenda items for any particular meeting.) Please refer to the attached "Action After Receipt of Comment Letter" for more details about possible next steps for the continued review of your application. Planning The following comments related to planning matters have been provided by Bill Fritz: In order to address the impacts generated by this proposal staff will recommend conditions. While the language of these potential conditions has not been developed the potential conditions include: • Limitation on development of the project consistent with the information submitted in the application narrative and supporting documents. This includes location, clearing limits, fencing, screening areas, and height. Screening, and fencing requirements may be increased during site plan review if necessary to meet minimum ordinance requirements. • Requiring that the facility meet the requirements contained in Chapter 18, Section 4.14 of the County Code. • Limitations on products used to clean panels to only biodegradable cleaning products. • Decommissioning Plan including use of recycling opportunities that exist at the time of decommissioning. • Limitation on above ground wires except for those associated with the panels and attached to the panel support structure and those associated with tying into the existing overhead transmission wires. • Training program for Fire/Rescue prior to activation of the site. • Establishment of 100-foot setback from abutting property lines for solar panels, inverters or any other equipment. • Establishment of entry and inspection procedures to allow designated county officials to access the facility for inspection purposed. This will include provisions to address notification of request for access and adherence to safety requirements and protocols while within the facility. • Outdoor lighting for the facility shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as required by section 4.17; provided that these restrictions shall not apply to any outdoor lighting required by state or federal law. • Plantings for screening shall be include a minimum of three species type taken from the Albemarle County Recommended Plants List or as may be approved by the Agent. Species shall be dispersed throughout the site. • Limitation on construction/truck traffic routing. Routing to be limited to the west and not from Batesville. Some issues identified during the review of the special use permit do not require conditions because they are requirements of the ordinance and will be addressed during site plan review. Some of these items include: • Requirement that a site plan be submitted. • Entrance and access design and location. • Planting and maintenance of screening trees. • Maintenance of existing trees shown as remaining. • Stormwater runoff and treatment. Comprehensive Plan Initial comments on how your proposal generally relates to the Albemarle County Comprehensive Plan (Comp Plan) are provided below; additionally, comments regarding conformity with the Comp Plan will be provided to the PC and BOS as part of the staff report. The Comprehensive Plan designates the subject property for Rural Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) land use(s) in the Future Land Use Plan. • Title 15.2, Section 2232 of the Code of Virginia project requires a review for compliance with the Comprehensive Plan. This review will be done during the same public hearing meeting that the special use permit is considered. • The Community Action Plan (Adopted October 7, 2020) states as a goal "Increase renewable energy generation capacity to the electrical grid system". This Plan also includes renewable energy sourcing strategies and actions. This includes, "Enable and incentivize utility -scale 2 renewable energy projects in the County Code and during the community development regulatory process". This property is located within the watershed of the South Fork Rivanna Reservoir, a drinking water impoundment. In multiple locations the Comprehensive Plan discusses the need to protect the drinking water reservoirs in the County. An example of the importance the County places on protecting the public water supply may be found on page 3.4 of the Comprehensive Plan: "The principle of watershed planning is a key part of growth management planning. Protection of the public water supply, which relies on impoundments fed by these watersheds, is essential to the County's growth. Except for the Community of Crozet and a very small area in the Places29 Development Area, the western edge of the Development Areas boundaries is based on the watershed for the public water supply. Figure I shows the relationship of the Development Areas to the public water supply watersheds. The Growth Management Policy is the basis for most of the recommendations in this Plan and is the primary means to achieve the County's vision for the future." This application proposes a change in the use of the property that will require the Planning Commission and Board of Supervisors to make a determination that a solar energy system is an appropriate use within the drinking water supply watershed. This is first application for a solar energy system within the drinking water supply watershed. I am unable to provide any additional comment on the appropriateness of the use within the drinking water supply watershed. Further analysis will be provided to the Planning Commission and Board of Supervisors. Community Meeting During the community meeting several issues were identified by the public. Some have been addressed by the potential conditions discussed above. The following issue were identified but have not been addressed: • Grazing opportunities. • Trail System/Public Access to Mechums River Area • Limitations on Saturday/Sunday/Holiday construction VDOT The following comments related to transportation have been provided by Adam Moore, RE: • What type of truck is expected to deliver equipment and materials, how often are those trucks expected to arrive, and what route are they expected to use to approach the site? I recommend conducting a study to ensure that the route will support these trucks. • Show details for the proposed temporary construction entrance and subsequent permanent low -volume commercial entrance. • Show details for the storm water management plan, including where runoff will leave the project site. • Note that the final plan must show conformance with the VDOT Road Design Manual Appendices B(I) and F, as well as any other applicable standards, regulation or other requirements. - Planning Staff comment: 3 o All comments associated with the entrance are requirements are a component of the site plan review. No condition or action must be taken during the special use permit review to address these comments. o By email dated, February 22, 2021 VDOT has stated that the comment regarding a traffic study has been satisfied. Historic Preservation The following comments related to transportation have been provided by Khristopher Taggart: • The viewshed analysis suggests that the facility may be visible from portions of the Batesville and Greenwood -Afton historic districts. When will the Phase I Cultural Resources Study be available? Please provide a copy for review. • A description of the vegetative buffer on page 14 references a double staggered row of evergreens "planted on center". Is a dimension missing from the sentence? An informal mixed planting of evergreens is recommended to provide a more natural appearance than a formal staggered row. The following comments related to Fire/Rescue have been provided Howard Lagomarsino: Fire Rescue concerns center on access, safe operations around the arrays in an emergency and emergency procedures. Much of this is addressed at the site plan review level, however recommend a Special Use Permit Provision be providing a training presentation for emergency responders to address key operational points effecting safety and best practices for emergency responders. Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter" which is attached. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule may be found on the Community Development website. Notification and Advertisement Fees Prior to scheduling a public hearing with the Planning Commission, payment of the $435.00 notification and advertisement fee as required by Chapter 18, Section 35.1(i) of the Code of Albemarle. Please contact me with any questions and/or requests for assistance you may have. I can be reached at bfritz =,albemarle.org or 434-296-5832, ext. 3242. Sincerely, William D. Fritz, AICP 4 Development Process Manager enc: Action After Receipt of Comment Letter Resubmittal Form Resubmittal Schedule 5 DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments (2) Request indefinite deferral (3) Request that your Planning Commission public hearing date be set (4) Withdraw your application (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The full resubmittal schedule may be found at www.albemarle.org in the "forms" section at the Community Development page. Be sure to include the resubmittal form on the last oaee of vour comment letter with vour submittal The application fee which you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.) (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. After outstanding issues have been resolved and/or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the Planning Commission's published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. 6 By no later than twenty-one (21) days before the Planning Commission's public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule) Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Fees may also be paid by credit card using the secure online payment system, accessed at http://www.albemarle.org/department.asp?department=cdd&relpage=21685. �A� OF ALg„ A �8GIN1�' Resubmittal of information for Special Use Permit or Zoning Map Amendment PROJECT NUMBER: SP202100001 PROJECT NAME: Midway Solar ❑ Resubmittal Fee ❑ Per Request X Resubmittal Fee is Not Required is Required Bill Fritz Community Development Project Coordinator Signature Date: March 5, 2021 Name of Applicant Signature Date: FEES Phone Number Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,075 ❑ First resubmission FREE ❑ Each additional resubmission $538 Resubmittal fees for original Special Use Permit fee of $2,150 ❑ First resubmission FREE ❑ Each additional resubmission $1,075 To be uaid after staff review for uublic notice: Most applications for Special Use Permits and Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY 8 2021 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Resubmittal Dates (1st and 3rd Monday of the month) Comments given to the Applicant Applicant requests PC Public Hearing AND Payment Due for Legal Ad (no additional resubmittals) Planning Commission Public Hearing No sooner than' Monday Wednesday Friday Tuesday Jan 04 Feb 03 Feb 05 Mar 02 Tues Jan 19 Feb 17 Feb 26 Mar 23 Feb 01 Mar 03 Mar 12 Apr 06 Feb 15 Mar 17 Mar 26 ADr 20 Mar 01 Mar 31 Apr 09 May 04 Mar 15 Apr 14 A r 23 Ma 1 A r 05 May 05 May 07 Jun 01 A r 19 Ma 19 MaV 21 Jun 15 Ma 03 Jun 02 Jun 11 Jul 06 Ma 17 Jun 16 Jun 25 Jul 20 Jun 07 Jul 07 Jul 09 Auci 03 Jun 21 Jul 21 Jul 30 Aun 24 Tues Jul 6 Aug04 Aua 13 Sep 07 Jul 19 Aug18 Aug27 Sep 21 Auci 02 Se 01 Se 10 Oct 05 Aug16 Se 15 Sep 24 Oct 19 Tues Sep 7 Oct 06 Oct 08 Nov 02 Sep 20 Oct 20 Oct 22 Nov 1 Oct 04 Nov 03 Nov 12 Dec 07 Oct 18 Nov 17 Nov 19 Dec 14 Nov 01 Dec 01 Dec 17 Jan 11 2022 Nov 15 Dec 15 Tues Dec 22 Jan 18 2022 Dec 06 Jan 05 2022 Jan 07 2022 Feb 01 2022 Dec 13 Jan 12 2022 Jan 21 2022 Feb 15 2022 Bold italics = submittal/meeting day is different due to a holiday. Dates with shaded background are not 2021. 2022 dates are tentative. 'Public hearing dates have been set by the Planning Commission: however, if due to unforeseen circumstances the Planning Commission is unable to meet on this date. your project will be moved to the closest available agenda date. 9