HomeMy WebLinkAboutLZC202200044 Action Letter 2022-09-30County of Albemarle
COMMUNITY DEVELOPMENT DEPARTMENT
September 30, 2022
VIA ELECTRONIC MAIL AND US MAIL
Virginia Electric and Power Company
120 Tredegar Street
Richmond, VA 23219
Attn: Law Department
Community Power Group, LLC
4636 Connecticut Ave #42729
Washington, DC 20015
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434-296-5832
WWW.ALBEMARLE.ORG
RE: LZC2022-00044 - Parcel ID 07300-00-00-02800 (the "Property"), Owner - RIVANNA
SOLID WASTE AUTHORITY, 695 Moores Creek Lane, Charlottesville VA, 22902
To Whom it May Concern:
Community Power Group, LLC ("CPG") and Virginia Electric and Power Company
("Dominion") have asked for a written documentation that confirms the status of the use and
zoning of the Property specifically as it relates to the permitted development use, operation and
decommissioning of a solar energy electrical generation facility (the "Project") on the Property.
In response to your request for a Letter of Zoning Compliance for the above -referenced
Property, please be advised of the following:
• The Property is zoned RA, Rural Areas. The permitted uses of the Property are
provided in Section 10 of Chapter 18 of the Albemarle County Code ("Zoning
Ordinance"). The Property is located in the Entrance Corridor Overlay District and the
Critical Slopes Overlay Districts as described in Section 4.2 of the Zoning Ordinance.
• The immediate abutting zoning designations to the north, south, east, and west of this
Property is shown on the linked Zoning Map.
On November 3, 2021, the Albemarle County Board of Supervisors (the "Board") approved
a special use permit (SP #202100006) (the "SUP") authorizing the construction and
operation of the Project on the Property. The Project is subject to thirteen (13) SUP
conditions (the "SUP Conditions") and must be in general accord with that certain
Conceptual Plan dated May 13, 2021, a copy of which is attached hereto as Exhibit A (the
"Concept Plan"). A copy of the approval letter with conditions is linked.
The Project may be constructed as shown on that certain Preliminary Site Plan dated
December 29, 2021, a copy of which is attached hereto as Exhibit B (the "Site Plan"),
which Site Plan is in general accord with the Concept Plan, without the need to amend or
otherwise modify the SUP.
The Project is subject to the thirteen (13) SUP conditions (the "SUP Conditions") as
specified in the "SP202100006 Ivy Landfill Solar Facilities Special Use Permit Conditions".
0 Pursuant to the Ordinance and the SUP Conditions, the Project must commence by
September 30, 2022
LZC2022-00044
Page 2
November 3, 2024. For purposes of the SUP Conditions, "commence" means "start of
construction" as defined in Section 3.1 Definitions of the Zoning Ordinance.
• Pursuant to SUP Condition 11, training of the Albemarle County Department of Fire
Rescue is required before the Project site may be activated. For purposes of satisfying
this SUP Condition, the Project site shall be deemed to be "activated" as of the date of
commencement of operation of the Project.
• The Albemarle County Planning Commission determined on August 3, 2021, that the
Solar Facility is in substantial accord with the adopted Albemarle Comprehensive Plan
pursuant to Virginia Code § 15.2-2232.
• No siting agreement is required pursuant to Va. Code § 15.2-2316.6 et seq since the
Project is less than five (5) MW.
Please contact me if you have any questions or require additional information
Sincerely,
Bart J. Svoboda
Zoning Administrator
cc: RIVANNA SOLID WASTE AUTHORITY
695 Moores Creek Lane, Charlottesville VA, 22902
Attachments:
The links shown can be copied and pasted into a web browser
Chapter 18 Zoning Ordinance —
https://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld—CH18ZO
Zoning Map - https://gisweb.albemarle.org/gpv 5 1 /Viewer. aspx?state-3 34207944775
County Code Website —
https://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld=CH18ZO
SP202100006 Ivy Landfill Solar -
https://Ifweb.albemarle.org/weblink/search.asi)x?dbid=3&searchcommand=%7b%SbCDD-
Plannino%5d:%5bApplication Number%5d=%22SP202100006%22%7d
Exhibit A
Exhibit B