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HomeMy WebLinkAboutSP202100006 Staff Report 2023-02-10COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: AGENDA DATE: SP202100006 Ivy Landfill Solar Facilities November 3, 2021 SUBJECT/PROPOSAL/REQUEST: STAFF CONTACT(S): Solar energy system allowed by special use Scott Clark permit under County Code § 18-10.2.2(58) on a 300.59-acre parcel. No dwellings are proposed. PRESENTER (S): Scott Clark BACKGROUND: At its meeting on August 3, 2021, the Planning Commission voted 6:0 to recommend approval of SP202100006, with conditions recommended by staff. The Planning Commission staff report, action letter, and minutes are attached (Attachments A, B, and C). DISCUSSION: The County Attorney's Office has prepared the attached Resolution to approve the special use permit. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment D) to approve SP202100006, subject to the conditions contained therein. ATTACHMENTS A— Planning Commission Staff Report A.1 —Location Map A.2—Application Narrative A.3 — Conceptual Plan A.4 — Climate Action Plan (excerpt) B — Planning Commission Action Letter C — Draft Meeting Minutes from 8/3/2021 PC Public Hearing D — Resolution to Approve SP202100006 COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Proposal: Staff: Scott Clark, Senior Planner II SP202100006 Ivy Landfill Solar Facilities Planning Commission Public Hearing: Board of Supervisors Hearing: August 4, 2021 TBD Owner: Rivanna Solid Waste Authority Applicant: Community Power Group LLC Acreage: 300.59 acres Special Use Permit for: Solar -energy system TMPs: 07300-00-00-02800 Zoning/by-right use: RA Rural Area - Location: 4576 Dick Woods Rd agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots Magisterial District: Samuel Miller Conditions: Yes EC: Yes School Districts: Murray Elementary School — Henley Middle School — Western Albemarle High School Proposal: Solar -energy electrical generation Requested 9 of Dwelling Units: n/a facility, with solar panels occupying approximately 15 acres DA: - RA: X Comp. Plan Designation: Rural Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots Character of Property: Open portion of a Use of Surrounding Properties: Most are closed, capped landfill. Existing tree buffers large residential lots with a mix of tree cover have been maintained along the edges of the and open land. I-64, an Entrance Corridor, is property. adjacent to the north. Factors Favorable: Factors Unfavorable: 1. Provides a source of renewable power None. generation. 2. Is in compliance with the Comprehensive Plan. 3. Site is already impervious, so solar panels do not add a significant new impact. RECOMMENDATIONS: • Staff recommends approval of the SP202100006 with conditions. • Staff recommends that the Planning Commission make the fmding that SP202100026 would be in compliance with the Comprehensive Plan. Planning Commission August 4, 2021 Page 1 of 10 STAFF CONTACT: PLANNING COMMISSION: BOARD OF SUPERVISORS: Scott Clark, Senior Planner II August 4,2021 TBD PETITION PROJECT: SP-2021-00006 Ivy Landfill Solar Facilities MAGISTERIAL DISTRICT: Samuel Miller TAX MAP/PARCEL(S): 07300-00-00-02800 LOCATION: 4576 Dick Woods Rd., Charlottesville, VA 22903-7205 PROPOSAL: Solar -energy electrical generation facility, with solar panels occupying approximately 15 acres PETITION: Solar energy system allowed by special use permit under section 10.2.2.58 of the Zoning Ordinance on a 300.59-acre parcel. No dwellings proposed. ZONING: RA Rural Area - agricultural, forestal, and fishery uses; residential density (0.5 unitlacre in development lots) OVERLAY DISTRICT(S): Entrance Corridor, Flood Hazard Overlay District COMPREHENSIVE PLAN: Rural Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/acre in development lots) CHARACTER OF SURROUNDING AREA Most of the surrounding Rural Area has been converted to large -lot residential uses. However, some tree cover has been retained in the area. The site is bounded to the north by Interstate 64 (an Entrance Corridor), beyond which lies another area of rural land that has been converted to suburban development. PLANNING AND ZONING HISTORY As a landfill facility that has expanded and added facilities over the years, the property has had multiple site development plan approvals. In addition, an application was received for a personal wireless service facility on this property in 1995. However, that application was denied. DETAILS OF THE PROPOSAL The applicant has proposed a solar -energy electrical generation facility including three areas of photovoltaic panels totaling 3.1 megawatts in capacity. This facility would occupy approximately 15 acres of the 300-acre site, and would be located near the center of the open area of the landfill. As the landfill has been closed and capped in this location, the applicants are proposing a design that does not require excavation or underground foundations. The solar panels would be installed on frames that rest on surface -mounted supports, rather than the typical underground concrete support blocks. This design approach has already been used on closed landfills elsewhere. Attachment B contains the main narrative submitted by the applicant. Attachment C is a concept plan of the proposed project. All of the information submitted by the applicant, including the exhibits (technical studies) for the narrative, is available by clicking HERE. A virtual community meeting was held on June 7, 2021. One nearby resident attended the meeting. Discussion topics included potential visibility, but no significant concerns or objections were expressed. A recording of the community meeting can be found by clicking HERE. Planning Commission August 4, 2021 Page 2 of 10 ANALYSIS OF THE SPECIAL USE PERMIT REQUEST This special use permit, and all special use permits, are evaluated for compliance with the provisions of Chapter 18, Section 33.40b of the Code of Albemarle. Each provision of that section is addressed below. The provisions of the ordinance are in bold font and underlined. Staffs analysis is based on the detailed information submitted by the applicant. That information is not restated here, but is available at THIS LINK. No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. Impacts on adjacent lots would be limited to visual and noise impacts. Noise generated by the proposed use would be minimal and would be less than that generated from by -right agricultural uses. (This site currently has some vehicle traffic associated with the landfill use.) The sound generated by the proposed inverter boxes on site would be similar to that from the heating and cooling equipment associated with a single-family residence. The conceptual plan (Attachment B) places these inverters near the north -south road that runs through the open landfill area. As proposed, the inverter boxes would be at least 1,500 feet from the nearest dwellings. At that distance, the sound level of an inverter that emitted 70 decibels would be reduced to 6.5 decibels, which is slightly louder than the sound of a person breathing normally. Inverters for solar facilities do not operate or create sound at night. Visibility of the landfill site is significantly limited by the existing vegetative buffers around the site (see the aerial photo in Attachment B). Installation of the proposed solar arrays would not require the removal of vegetation. Exhibit I of the application narrative (available at the link above) is the applicant's visibility analysis. In the areas where their GIS indicated that topography might make the project site visible from an adjacent property, existing vegetation (largely trees) blocked that sight line. The applicants also provided a glint and glare study (see Exhibit J of the application narrative). This study concluded that neither surrounding properties nor adjacent major roads (Interstate 64 or Dick Woods Road) would be impacted by glint or glare from the proposed solar panels. Staff opinion is that the proposed use would not be a substantial detriment to adjacent parcels. Character of the nearby area is unchanged Whether the character of the adjacent parcels and the nearby area will be changed by the proposed special use. Solar facilities must be located on relatively large, open, gently sloping land with access to power transmission lines. The Rural Areas of the Comprehensive Plan are the only areas where utility scale solar is permitted. Utility scale solar is permitted in the RA, Rural Area zoning district. This district is the predominant district in the part of the County designated Rural Areas in the Comprehensive Plan. Minor areas of RA zoning may be found in the Development Areas. However, the size of these parcels and their designation as a Development Area makes use of these parcels for utility scale solar unlikely. Planning Commission August 4, 2021 Page 3 of 10 The primary commercial use intended for the Rural Areas is the production of forestal and agricultural commodities. While this utility use is not identified as a policy priority for the Rural Areas, it helps the County to meet other Comprehensive Plan goals related to renewable -energy production. The decommissioning plan ensures that the equipment can be removed after the solar -generation use ends. Staff opinion is that utility scale solar does not, as a use type, change the character of the area. Solar facilities do represent a change in the character of the area due to the industrial appearance of the facility. In this case, however, the facility would occupy 15 acres of an already -disturbed landfill site, and visibility from surrounding properties and roads would be minimal, unless significant land clearing occurred around the site. Staff opinion is that, given the existing character of the site, the character of the surrounding area will not be changed. Harmony. Whether the proposed special use will be in harmony with the purpose and intent of this chapter, Staff has reviewed the purposes of the Zoning Ordinance (Chapter 18, Section 1.4) and the intent of the Rural Areas District (Chapter 18, Section 10.1). The review criteria for a special use permit is designed to address the purpose and intent of the ordinance as stated in these sections. Section 10.1 of the Zoning Ordinance establishes the following purposes for the RA Rural Areas zoning district: Preservation of agricultural and forestal lands and activities; This site is a landfill and has already been removed from potential agricultural or forestal production. The installation of the proposed facility would have no impact on the preservation or development of agricultural or forestal lands or activities. Water supply protection; This site is located in the watershed of the South Fork Rivanna Reservoir. However, no forested lands or riparian buffers would be impacted by the proposed use. Any difference between the runoff characteristics of the capped landfill and the capped landfill with the proposed facility on top would be considered during the Water Protection Ordinance and stormwater reviews, which would run concurrently with the site development plan, if the use is approved. Mitigation measures, if necessary, would be required at that stage. Limited service delivery to the rural areas; and Service delivery to the rural areas would not be affected by this use. Conservation of natural, scenic, and historic resources. As the site is a closed landfill, there are no native biological resources in the area where the solar facilities would be established. The panels do not move or create emissions, and would Planning Commission August 4, 2021 Page 4 of 10 be removed after the facility shuts down, so natural resources (other than water runoff as discussed above) would not be impacted. The visibility analyses described above establish that the use would cause minimal to no impact on the scenic character of the area. No known historic resources are located on the site. The intent of the RA district, Section 10.1, also states in part "Residential development not related to bona fide agricultural/forestal use shall be encouraged to locate in the urban area, communities and villages as designated in the comprehensive plan where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objective." Although this project is not a residential development staff does note that utility scale solar facilities are most appropriately located where power distribution infrastructure exists. This property is already used as a public facility, meaning that no additional land -clearing or conversion of farm or forest land is needed. The site already has access to electrical transmission lines. Staff would not normally make a finding that even a temporary installation (25 years or more) of a large impervious area in a water supply watershed is consistent with the intent of the RA district without significant mitigating factors. In this case, the impacts of the proposal are mitigated by the fact that the capped landfill is already impervious. As no open or natural land is being disturbed, and stormwater impacts can be mitigated by changes to the site's existing site development plan, staff finds that the proposed facility would be in general accord with intent of the district, and of no significant impact to water -quality concerns. Harmony. ...with the uses permitted by right in the district The proposed facility will not prevent any by -right uses on surrounding properties. Harmony....with the regulations provided in section 5 as applicable, This use is not subject to any regulations contained in section 5. Harmony. ...and with the public health, safety and general welfare. Public health and safety are addressed during the site plan review process, as are the stormwater runoff, erosion control, and other health- and safety -related elements of site design. After reviewing this application recommended that the requested special use permit require the applicant to provide a training program to address the unique characteristics of a utility scale solar facility. The applicant has agreed to this condition. The Virginia Department of Transportation has reviewed this request and found it generally acceptable. No conditions of approval were recommended. Staff has considered the content of the Climate Action Plan when evaluating this project's harmony with the general welfare. Attachment D contains some of the section considered when evaluating this application. The Climate Action Plan supports the use of utility scale solar. Planning Commission August 4, 2021 Page 5 of 10 Staff finds that, with the proposed layout and the condition requiring the Fire/Rescue training program, this project will be in harmony with the public health, safety and general welfare. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The applicant's application narrative contains discussion about consistency with the Comprehensive Plan (Attachment B). Staff provides the following additional comments. Background (Page 1.6) Promote the conservation and efficient use of energy resources This project would provide for efficient production and use of energy. Natural Resources (Page 45): The Comprehensive Plan states: History of Watershed Protection in Albemarle County The County's water resources programs include stormwater management (including water quality treatment, and channel and flood protection), erosion and sediment control, stream buffer protection, collection ofgroundwater information, capital projects, public education, illicit discharge detection and elimination, and infrastructure maintenance. These activities are a result of comprehensive planning and regulations to protect water resources since the 1970s. In 1980, most land in water -supply watersheds was designated rural in order to prevent and reduce pollution and development potential in the Rural Area was restricted. This property is located within the watershed of the South Fork Rivanna Reservoir. The RA district is the predominant zoning within the watershed of the South Fork Rivanna Reservoir, in recognition of the RA district's limited impact on the watershed as compared to more intensive zoning. Approximately 15 acres of the site would be used for the solar facility. The exact area of panel coverage will be required at the time of site plan review to verify that water control measures to address the quantity and quality of the runoff from these panels are addressed as required by the ordinance. A large impervious area in the reservoir watershed would be inconsistent with the Comprehensive Plan. However, staff finds that the impervious nature of the proposed facility is mitigated by the fact that the capped landfill is already impervious, and that any additional runoff volume or velocity created by the installation of solar panels can be accommodated by on -site stormwater facilities. Natural Resources (Page 445): the Comprehensive Plan states: In 2010, members of the community and representatives of the County, the City, and UVA began a local planning process to find ways to lower the community's energy Planning Commission August 4, 2021 Page 6 of 10 consumption and, thus, greenhouse gas emissions. The Committee, known as the Local Climate Action Planning Process (LCAPP) Steering Committee, recommended that the City, County, and UVA: • Continue to demonstrate leadership in energy and carbon reductions at the local level; • Build on existing synergies by continued collaboration of City, County, UVA, and community partners; • Integrate the role of energy and carbon emissions in projects and planning; • Equip the community at all levels to make informed decisions about the impacts of carbon emissions and energy; and • Identify and promote actions that enable the community to reap the health, economic and environmental benefits that accompany sound energy -based decisions. Utility scale solar satisfies these objectives. Review for Compliance with the Comprehensive Plan As a solar facility, this proposal is subject to a Compliance with the Comprehensive Plan Review as required by the Code of Virginia (§ 15.2-2232). A compliance review considers whether the general location, character, and extent of a proposed public facility are in substantial accord with the adopted Comprehensive Plan. It is reviewed by the Planning Commission, and the Commission's findings are forwarded to the Board of Supervisors for their information. No additional action is required of the Board. For the reasons discussed above staff finds that this proposal is consistent with the Comprehensive Plan. SUMMARY This project has been reviewed for compliance with the factors to be considered in acting on a special use permit. Staff has also reviewed the ordinances and requirements of other Virginia localities to determine best practices for utility scale solar projects. It is the opinion of staff that this project, with conditions, is consistent with the ordinance requirements for approval of a special use permit and is consistent with best practices principles. In the opinion of staff, this project will have limited impact. The impacts caused by this project are primarily associated with construction. The construction impact is of limited duration. This project is unusual in that it is a use that can be removed, allowing the site to largely return to its existing condition. Staff finds the following factors favorable to this request: 1. Provides a source of renewable power generation. 2. Is in compliance with the Comprehensive Plan. 3. Site is already impervious, so solar panels do not add a significant new impact. Staff finds the following factors unfavorable to this request: None. Planning Commission August 4, 2021 Page 7 of 10 RECOMMENDED ACTION FOR SPECIAL USE PERMIT Staff recommends approval of SP202100006 Ivy Landfill Solar Facilities with the following conditions: 1. Development and use must be in general accord (as determined by the Director of Planning and the Zoning Administrator) with the plans prepared by Community Power Group titled "Conceptual Plan — Special Use Permit," dated May 13, 2021 (hereinafter "Concept Plan") and included as Attachment C. To be in general accord with the Concept Plan, development and use must reflect the following major elements as shown on the Concept Plan: a. Location of solar development envelopes, b. Location of equipment yard, and C. Retention of wooded vegetation in stream buffers. Upon the approval of the Zoning Administrator and the Director of Planning, minor modifications may be made to the Concept Plan that (i) do not otherwise conflict with the elements listed above and (ii) ensure compliance with the Zoning Ordinance, and State or Federal laws. 2. The applicant must submit a decommissioning and site rehabilitation plan (hereinafter "Decommissioning Plan") with the building permit application. The Decommissioning Plan must include the following items: a. A description of any agreement (e.g. lease) with the 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; 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; f. An estimate of all costs associated with rehabilitation of the site; and g. Provisions to recycle materials to the maximum extent possible. The Decommissioning Plan must be prepared by a third -party engineer and approved by both the parry responsible for decommissioning and all landowners subject to the project. The Decommissioning Plan is subject to review and approval by the County Attorney and County Engineer, and must be in a form and style suitable for recordation in the office of the Circuit Court of the County of Albemarle. 3. Before a grading permit may be issued: a. The Decommissioning Plan shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle; and b. To guarantee performance of Condition 8, the permittee shall furnish to the County's Zoning Administrator a certified or official check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County (collectively, the "guarantee"), in an amount sufficient for, and conditioned upon compliance with Condition 8. The amount of the guarantee shall be the costs identified in Conditions 4(e) and 4(f), and the amount of the guarantee must be updated as costs are updated Planning Commission August 4, 2021 Page 8 of 10 as provided in Condition 6. The type of guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney, 4. The Decommissioning Plan and estimated costs must be updated upon (a) change of ownership of either the property or the project's owner or (b) written request from the Zoning Administrator, but in any event at least once every five years. The applicant must record any changes or updates to the Decommissioning Plan in the office of the Circuit Court of the County of Albemarle. 5. The owner must notify the Zoning Administrator in writing within 30 days of any abandonment or discontinuance of the use. 6. All physical improvements, materials, and equipment (including fencing) related to solar energy generation, both above ground and underground, must be removed entirely, and the site rehabilitated as described in the Decommissioning Plan, within 180 days of any abandonment or discontinuance of the use. If the use, structure, or activity for which this special use permit is issued is not commenced by DATE 3 YEARS AFTER APPROVAL BY THE BOARD OF SUPERVISORS the permit will be deemed abandoned and will thereupon terminate. 8. The facility must comply with all provisions of the Albemarle County Code, including § 18- 4.14. 9. Panels may be cleaned only with water and biodegradable cleaning products. 10. No above ground wires are permitted except for those associated with (a) the panels and attached to the panel support structure; (b) the "above -ground conduit' shown on the Concept Plan; and (c) tying into the existing overhead transmission wires. 11. Before activating the site, the applicant must provide training to the Department of Fire Rescue. This training must include documentation of onsite materials and equipment, proper firefighting and lifesaving procedures, and material handling procedures. 12. The property owner must grant the Zoning Administrator (or any designees) access to the facility for inspection purposes within 30 days of any such request. 13. Outdoor lighting for the facility is permitted only during maintenance periods. Regardless of the lumens emitted, each outdoor luminaire must be fully shielded as required by County Code § 18-4.17, except for any outdoor lighting required by state or federal law. RECOMMENDED ACTION FOR COMPLIANCE REVIEW Based on the analysis above, staff recommends that the Planning Commission make the finding that SP202100006 would be consistent with the Comprehensive Plan. ATTACHMENTS Planning Commission August 4, 2021 Page 9 of 10 1. Location Map 2. Application Narrative 3. Conceptual Plan 4. Climate Action Plan (excerpt) Planning Commission August 4, 2021 Page 10 of 10 SP202100006 Ivy Landfill Solar 0 625 1,250 2,00 SFeet Special Use Permit Application Ivy Landfill Solar Facilities Albemarle County, VA 'Community POWER GROUP Applicant: Community Power Group, LLC 4636 Connecticut Ave #42729 Washington, DC 20015 February 2021 Ivy Landfill Solar Facilities - SUP Application Toble of Contents SECTION 1: PROJECT NARRATIVE.................................................................................................... 3 General Project Information............................................................................................................................... 3 ProjectProposal................................................................................................................................................. 4 Consistency with Comprehensive Plan............................................................................................................... 5 Impacts on Public Facilities and Public Infrastructure.......................................................................................... 5 Impacts on Environmental Features................................................................................................................... 6 Responses to First Review Comments Letter...................................................................................................... 6 SECTION 2: EXHIBITS....................................................................................................................... 8 Exhibit A: Special Use Permit Application Form.................................................................................................. 9 Exhibit B: Pre -Application Checklist from Albemarle County..............................................................................10 ExhibitC: Boundary Survey...............................................................................................................................11 Exhibit D: Project Tax Statement.......................................................................................................................12 Exhibit E: Owner Certification Form...................................................................................................................13 Exhibit F: Map of Regional Context and Existing Conditions Exhibit G: Project Conceptual Plan.....................................................................................................................15 Exhibit H: Statement on Noise Generation.........................................................................................................16 Exhibit I: Visual Impact Analysis........................................................................................................................17 Exhibit1: Glare Study........................................................................................................................................18 Exhibit K: Decommissioning Plan....... 19 Exhibit L: Construction Phasing Plan..................................................................................................................20 ExhibitM: Landscape Plan.................................................................................................................................21 Exhibit N: Cultural Resources Review................................................................................................................22 Exhibit O: Impact on Adjacent Property Values..................................................................................................23 Exhibit P: Economic Impact Analysis.. Exhibit Q: Wildlife Impact Report......................................................................................................................25 Page 2 of 30 Ivy Landfill Solar Facilities - SUP Application Exhibit R: Statement on Pollinator Impact Exhibit S: Technology Statement ........26 ........27 Exhibit T: Statement on Landfill Soils and Project Impact...................................................................................28 Exhibit U: Statement on Transmission Capacity.................................................................................................29 Exhibit V: Emergency Services Information Section 1: Project Narrative General Project Information ................................30 Project Community Power Group, LLC Applicant/Facility Contact: Amberli Young Owner 202-844-6424 5636 Connecticut Ave NW #42729 Washington, DC 20015 Site Owner/Operator Rivanna Solid Waste Authority Contact: Executive Director 434-977-2970 695 Moores Creek Lane Charlottesville, VA 22902 Site Address/Parcel Ivy Material Utilization Center Information 4576 Dick Woods Rd Charlottesville, VA 22903 Parcel ID: 07300-00-00-02800 Total Parcel Acreage:300.59 Proposed Solar Facility The proposed project is comprised of three 1MWac solar facilities to be located on the capped landfill area. The solar panels will be installed for electricity generation on the areas with the most stable topography of the landfill area, to the interior of the site. Size of Parcel/Project The total parcel size is 300.59 acres. The total project area will be Area approximately 15 acres. Current Use Zoning: Rural Areas The parcel is currently used as a capped landfill and waste & recycling center. Construction Period The construction period of this project is expected to take three months. An estimated completion date for this project is June 2022. Major Equipment • Solar Panels: Jinko TR Bifacial 72M 535W Selected Count: 8,064 panels Area covered:5.04 acres • Inverters: CPS SCH100/125KTL-DO 125kW Page 3 of 30 Ivy Landfill Solar Facilities - SUP Application Count: 24 inverters Area covered:0.004 acres • Racking: GameChange Solar Precast Ballasted Ground System Point of The proposed solar facilities will be wired to transformers located Interconnection near an existing three-phase utility pole in the western side of the parking lot. The interconnection of each of the three systems will occur in this area with customer -owned utility poles installed as part of construction. Project Proposal The Community Power Group ("CPG') is excited to present this Special Use Permit application for our Ivy Landfill Solar Facilities project, to be located at the Ivy Material Utilization Center at 4576 Dick Woods Road. This project is being developed in partnership with the Rivanna Solid Waste Authority, and it is comprised of three 1MW solar facilities to be located on portions of the capped landfill. The Ivy Landfill is located in the Rural Areas zoning district of Albemarle County, requiring a Special Use Permit for commercial solar facilities. o Public need or benefit This Project will provide a number of benefits to the public, including providing renewable energy to reduce area carbon emissions and criteria pollutants. This site represents a property already designated for a landfill to support an additional use that is sustainable. The project is also designed to comply with the requirements of the Virginia Clean Economy Act in order to help Dominion Virginia meet their regulatory requirements for renewable energy, including developing 1MW sites for renewable energy credits, and developing on "previously -developed" sites. o How the special use will not be a substantial detriment to adjacent lots Solar facilities do not cause significant impacts to surrounding sites because they do not produce significant noise, dust, fumes, or light during their operation. The proposed project would be screened from surrounding residential lots due to existing vegetation, and because the systems will be sited on areas of the landfill that have settled. o How the character of the zoning district will not be changed by the proposed special use Because this project is taking advantage of a previously -developed landfill site, the agricultural and low -density character of the "Rural Areas" zoning district will be maintained. Page 4 of 30 Ivy Landfill Solar Facilities - SUP Application o How special use will be in harmony with: ■ Purpose and intent of zoning ordinance We aim to fully comply with the regulations of the zoning ordinance, and are proposing a project that is permitted by special use permit. ■ Uses permitted by right in the zoning district Because the proposed project is located on a previously -developed site, will be low to the ground, and will take advantage of existing access roads and parking, there will be no effects on other uses permitted by right in the district. ■ Regulations provided in Section 5 of zoning ordinance as applicable There are no regulations in Section 5 regarding solar facilities. ■ The public health, safety, and general welfare This project will have no impact of the public health, safety, and general welfare. We feel that solar facilities represent a quiet, unobtrusive use that toes not result in significant impacts for the surrounding communities. We will comply with all building, fire, environmental, and other applicable codes of Albemarle County and the State of Virginia during the construction of these facilities, including procuring an amendment to the closed landfill permit for the site. o Details such as number of persons, operating hours, unique features of use The proposed solar facilities will not require any onsite staff. It is expected that annual maintenance visits will be performed by a 1-2-person team of technicians, who will be able to utilize existing site parking and access points. This use will have no impact on existing operations at the Ivy Material Utilization Center. Consistency with Comprehensive Plan The Albemarle Comprehensive Plan recognizes the Ivy Material Utilization Center as one of only two closed landfill sites in Albemarle County. Because the site has already received a closed landfill permit, there is little else that can be done with this land. By siting these facilities on a closed landfill, other areas designated for uses such as agriculture or residential development are preserved for those uses. Impacts on Public Facilities and Public Infrastructure Page 5 of 30 Ivy Landfill Solar Facilities - SUP Application The Community Power Group attests that the proposed Ivy Landfill Solar Facilities will not have significant material impacts on public facilities and public infrastructure, as it will not be connected to any systems for water, sewage, and stormwater. The facility will not generate any additional traffic beyond what is currently expected for the Ivy Material Utilization Center, as the solar facilities require no daily staff and only annual maintenance visits by a team of 1-2 technicians. The proposed project will not have any impact on public transportation facilities, public safety facilities, public school facilities, or public parks. There will be no permanent staff or residents located at the project site. CPG will communicate with Albemarle County emergency service providers in advance of project construction regarding access to the site in the case of fire. Impacts on Environmental Features Community Power Group has performed several due diligence activities for this project in regards to the surrounding environmental features to ensure this project does not generate any significant impact. Because the project would be located on a closed landfill, the solar project will have to take extra precautions not penetrate the landfill cap or cause any issues for the landfill maintenance. CPG expects to apply with the Virginia Department of Environmental Quality to amend the landfill closure permit for the solar facilities, and CPG has experience designing and installing solar facilities on top of closed landfills. The local Virginia Ecological Services Field Office issued a determination for the project that Northern Long-eared Bats, which are a threatened species, are located within the general area of the project but there are no critical habits within the project area. A review of the Virginia Department of Game and Inland Fisheries online Northern Long-eared Bat map shows that no roosts or habitats are shown in the vicinity. The Virginia Department of Conservation and Recreation's Division of Natural Heritage issued a determination for the project that no natural heritage resources have been documented within the project boundary and a 100-foot buffer. Responses to First Review Comments Letter CPG received a letter dated April 28`h, 2021 from the Department of Community Development of Albemarle County detailing comments provided to this application upon first review. CPG provides the following responses regarding the comments presented by Lea Brumfield, Senior Planner II with Zoning. 1. Parking and Access a. CPG appreciates the comment regarding protecting required parking for the Ivy Material Utilization Center, and a similar comment from Howard Lagomarsino with Fire/Rescue regarding protecting access. CPG has moved the construction staging area to the open paved area on the southeastern portion of the site. Rivanna Solid Waste Authority has confirmed that there is sufficient area to support the required staging and parking for construction. Page 6 of 30 Ivy Landfill Solar Facilities - SUP Application b. A vehicle will not need to access the panel areas to perform maintenance work. Maintenance technicians will be able to access the facilities through the existing road in the center of the site, which will be sufficient to transport any equipment for replacement, as well as the tools required for maintenance. 2. Concept Plan a. The Concept Plan has been updated to show the expected location of the inverters and distribution lines to the point of interconnection. 3. Critical Slopes a. Chapter 18 Article 1 Section 3.1 of the Albemarle County Code of Ordinances defines critical slopes as "slopes, other than managed or preserved slopes, of 25 percent or greater as determined by reference to either current topographic mapping available from the County or a more accurate field survey certified by a professional surveyor or engineer." Using the 2018 4-Foot Contour data public by the Albemarle County Geographic Data Services, a slope raster file was created for the area surrounding the proposed solar facilities. The panel areas were plotted onto the slope tile, showing that the panel areas are outside of the of any 25% sloping areas. it Legend $OJaf Facilities ■ ■ or lope (%) ■ ■ alue 0.000001 - 5 5.000001 - 10 10.000001 - 1 15.00000, - 2 20.000001 - 25 - 25.000001 -30 lip 30.000001 -35 35.000001 - 40 —_ 40.000001 - 45 45.000001- 50 50.000001 - SS Oro V 55.000001 - 60 60.000001 - 65 ■ L5.00000� - )0 Page 7 of 30 REP mvetler 1 MWao: pion REP re Locnl oN MAWW: GENERAL NOTES u514Name ••••'"• MemaNmM GPea Equipment Pad : Step pXFMR / `mm, 1 MWac System Unaer,muntl contlun Dominion REP System 91 ae 1KOR Oa ..I Madam Name .MMSda535WM daIMOS�Ms^ Inu CPSSCH135KiL-OQVSBPa 1 TIIIagk 35 pngm No. olMMuks OC S1M1y 1aJGi Ip Plyy Equipment Patl: SIePp XFMR AR. 3 MOEJe Neme Mtltl UMeymuntl Caduil EA.i,Ua111YPOla ( Tlllagk aMa WMMMuka Mla CC Sakg La�gtN Ma No.MSL AR.3 Rac r Cutouta metl Uoury Meter Pole dnPaaY Fame[ COMPANYLOGO Ceslome. emewnYXaev. camem'em—.., Com R"Aaarm: 5&i5 cmretllw Ave. MYR9 P'elau com'"PMnv. 3rrN ZaC Slats com"my. 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Scott Clark County of Albemarle i Community Development Department - Planning ��BGIN�t' August 16, 2021 Amberli Young Community Power Group LLC 5636 Connecticut Ave NW #42729 Washington DC 20015 a m berl i (c@ com m u n itypowe rg rou p. co m Re: SP202100006 Ivy Landfill Solar Facilities Action Letter Dear Ms. Young scl a rk0a I be ma rl e.oro Telephone: (434) 296-5532 ext. 3249 The Albemarle County Planning Commission at its meeting, August 3, 2021 recommended approval of the above -noted by a vote of 6:0 with conditions stated below. Please note that this recommendation is based on the following conditions: Development and use must be in general accord (as determined by the Director of Planning and the Zoning Administrator) with the plans prepared by Community Power Group titled "Conceptual Plan — Special Use Permit," dated May 13, 2021 (hereinafter "Concept Plan") and included as Attachment C. To be in general accord with the Concept Plan, development and use must reflect the following major elements as shown on the Concept Plan: a. Location of solar development envelopes, b. Location of equipment yard, and C. Retention of wooded vegetation in stream buffers. Upon the approval of the Zoning Administrator and the Director of Planning, minor modifications may be made to the Concept Plan that (i) do not otherwise conflict with the elements listed above and (ii) ensure compliance with the Zoning Ordinance, and State or Federal laws. 2. The applicant must submit a decommissioning and site rehabilitation plan (hereinafter "Decommissioning Plan") with the building permit application. The Decommissioning Plan must include the following items: a. A description of any agreement (e.g. lease) with the 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; 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; f. An estimate of all costs associated with rehabilitation of the site; and g. Provisions to recycle materials to the maximum extent possible. W W W.ALBEMARLE.ORG 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 The Decommissioning Plan must be prepared by a third -parry engineer and approved by both the parry responsible for decommissioning and all landowners subject to the project. The Decommissioning Plan is subject to review and approval by the County Attorney and County Engineer, and must be in a form and style suitable for recordation in the office of the Circuit Court of the County of Albemarle. 3. Before a grading permit may be issued: a. The Decommissioning Plan shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle; and b. To guarantee performance of Condition 8, the permittee shall furnish to the County's Zoning Administrator a certified or official check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County (collectively, the "guarantee"), in an amount sufficient for, and conditioned upon compliance with Condition 8. The amount of the guarantee shall be the costs identified in Conditions 4(e) and 4(f), and the amount of the guarantee must be updated as costs are updated as provided in Condition 6. The type of guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney, 4. The Decommissioning Plan and estimated costs must be updated upon (a) change of ownership of either the property or the project's owner or (b) written request from the Zoning Administrator, but in any event at least once every five years. The applicant must record any changes or updates to the Decommissioning Plan in the office of the Circuit Court of the County of Albemarle. 5. The owner must notify the Zoning Administrator in writing within 30 days of any abandonment or discontinuance of the use. 6. All physical improvements, materials, and equipment (including fencing) related to solar energy generation, both above ground and underground, must be removed entirely, and the site rehabilitated as described in the Decommissioning Plan, within 180 days of any abandonment or discontinuance of the use. 7. If the use, structure, or activity for which this special use permit is issued is not commenced by DATE 3 YEARS AFTER APPROVAL BY THE BOARD OF SUPERVISORS, the permit will be deemed abandoned and will thereupon terminate. 8. The facility must comply with all provisions of the Albemarle County Code, including § 18-4.14. 9. Panels may be cleaned only with water and biodegradable cleaning products. 10. No above ground wires are permitted except for those associated with (a) the panels and attached to the panel support structure; (b) the "above -ground conduit" shown on the Concept Plan; and (c) tying into the existing overhead transmission wires. 11. Before activating the site, the applicant must provide training to the Department of Fire Rescue. This training must include documentation of onsite materials and equipment, proper firefighting and lifesaving procedures, and material handling procedures. 12. The property owner must grant the Zoning Administrator (or any designees) access to the facility for inspection purposes within 30 days of any such request. 13. Outdoor lighting for the facility is permitted only during maintenance periods. Regardless of the lumens emitted, each outdoor luminaire must be fully shielded as required by County Code § 18-4.17, except for any outdoor lighting required by state or federal law. W W W.ALBEMARLLORG 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 Should you have any questions regarding the above -noted action, please contact me. Sincerely, Scott Clark Senior Planner II Planning Division CC. Rivanna Solid Waste Authority 695 Moores Creek Ln Charlottesville VA 22902 W W W.ALBEMARLE.ORG 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 Albemarle County Planning Commission FINAL Minutes August 3, 2021 A regular meeting of the Albemarle County Planning Commission was held on Tuesday, August 3, 2021 at 6:00 p.m. via Zoom. Members Attending: Julian Bivins, Chair; Rick Randolph; Daniel Bailey; Corey Clayborne; Jennie More; Tim Keller; and Luis Carrazana. Members Absent: Ms. Firehock Other Officials Present: Charles Rapp, Director of Planning; Bart Svoboda, Zoning Administrator/Director of Zoning; Amelia McCulley, Deputy Director of Community Development; Andy Herrick, County Attorney's Office; Carolyn Shaffer, Clerk to the Planning Commission; Cameron Langille, Principal Planner; and Scott Clark, Senior Planner. Call to Order and Establish Quorum Mr. Bivins said the meeting was being held pursuant to and in compliance with Ordinance No. 20- A(16), "An Ordinance to Ensure the Continuity of Government During the COVID-19 Disaster." He said opportunities for the public to access and participate in the electronic meeting will be posted at wvvw.albemarle.org on the Community County Calendar, when available. Ms. Shaffer called the roll. All Commissioners indicated their presence. Mr. Bivins established a quorum. Other Matters Not Listed on the Agenda from the Public There were none. Consent Agenda Mr. Keller moved to approve the Consent Agenda. Mr. Bailey seconded the motion, which passed unanimously (6-0). Ms. Firehock was absent. Public Hearing SP202100006 Ivy Landfill Solar Facilities Mr. Clark said this presentation is a public hearing for the Ivy Landfill Solar Facility and said Ms. Amberli Young from Community Power Group was present to speak on behalf of the applicants. He said she has some of her colleagues with her as well. Mr. Clark said this is the third of the special permit requests in the County for solar energy generation facilities in the rural areas. He said this one is unlike the others in that the proposal is to locate the facility, which would have about 15 acres of generating panels, on top of the existing Ivy Landfill. He said the proposal includes three separate areas of photo -voltaic panels on top of the capped landfill for a total of 3.1 MW generating capacity, occupying only 15 acres of the 300- acre site. He said this is to be built on a closed -capped landfill with a design approach that essentially sits on the surface, rather than being dug into a foundation underground as was seen with the previous two applications. Mr. Clark said to refresh everyone's memory, the site is outlined in red (on the presented map) of the landfill of the materials utilization center with the entrance on Dick Woods Road and bordering 1-64 to the north and Broad Axe Road to the west. He advanced to the next slide and said it was a conceptual plan of the proposed facility that gives a pretty good sense of scale. He stated that ALBEMARLE COUNTY PLANNING COMMMISSION Final Minutes -August 3, 2021 the buildings and intake area are to the bottom of the image, and the blue areas on the capped landfills are where the solar panels would be. He said the central road that comes through the landfill for access and maintenance can be seen on the image. Pointing out inverter boxes on the slide, he said are the converters that take DC power from the panels and help get it ready for AC distribution across the power lines. He said those can be seen grouped toward the center of the landfill area and are important since they are the main generators of noise impact from these soar facilities. Moving to the next slide, Mr. Clark said this is a zoomed -in view of the northern section of the conceptual plan. He said again that the inverter boxes can be seen and there is a section of above -ground conduit running over the surface of the landfill, as it is a capped landfill and cannot be excavated or dug into. Mr. Clark moved to the next slide and said the southern portion is closer to the office buildings and intake area. He said there are two more areas of panels in the area where the power coming from the panels is connecting to the existing transmission lines that come through the site. Mr. Clark said he would run through a quick summary of the special use permit criteria from the zoning ordinance. He said the first item is substantial detriment to adjacent properties. He noted that under noise impacts, it has been found that the inverters are compared to residential AC units. He stated that in this case, those inverters are going to be about 1,500 feet or more from existing dwellings, and with that distance from something producing 60-70 dB, there will be well under 10 dB by the time it reaches the nearby dwellings. He said it would be a scarcely noticeable level of noise and is only going to be happening during the daytime, as the panels do not operate at night. He said this is not considered to be a substantial detriment to the nearby properties. Mr. Clark stated that regarding visual impacts, the applicants did extensive work on visibility of the panels and glare produced by the panels on surrounding properties, surrounding roads, and near 1-64's entrance corridors —which was of special concern. He said the initial analysis that took only topography into account showed that there could be visibility from surrounding properties, and there is an extensive amount of vegetation both on the site and the surrounding sites, with no significant visual impacts found. He noted that the glint and glare study indicated no impacts on roads or dwellings, and the applicants could talk about this in more detail. Mr. Clark said that for a special use permit to be in "harmony with the purpose and intent of this chapter" could be a challenging item for a utility generation site. However, he said, while this site is in the rural areas, it is already an existing public facility —a landfill —and has no real potential for future agricultural or forestry use on any timescale that can be foreseen. He said that it is located in the watershed of the South Fork of the Rivanna Reservoir and is on an existing public use site. He noted that this would be putting impervious panels on top of an impervious landfill cap, and the area of impervious surface would not change, but the character of the runoff might change to a minor degree, which could be handled during the site plan review. Mr. Clark said that limited service delivery is not an issue here. He said that regarding conservation of natural, scenic, and historic resources, he would repeat what he said with the last slide regarding visibility. This is a landfill, so there are no significant natural resources on the site to be impacted. Mr. Clark stated that with public health, safety, and general welfare, the real issue of substance is to have an appropriate emergency response plan for any fires or other emergencies associated with one of these facilities. He said that as with the previous special use permits, his team is Albemarle County Planning Commission FINAL Minutes —August 3, 2021 2 recommending a condition of approval for the applicants to supply training to the Department of Fire and Rescue. He noted that VDOT also reviewed this for road impacts and found it to be acceptable, and there was no real traffic generation for the site once it's in operation. He said there is traffic for the construction, which is fairly brief, and this is only a 15-acre panel facility. He said that parking would all be accommodated within the site, and after completion, there would be nothing generated except for occasional maintenance visits. Mr. Clark moved to the topic of consistency with the comprehensive plan. He said that the plan does say the County should promote conservation and efficient use of energy resources, so allowing this kind of renewable energy source is consistent with that requirement. He stated that the natural resources section of the plan is very focused on water resource protection —but given that this site is already disturbed and already impervious, there are minimal impacts or changes to water quality from this proposal. He added that both the natural resources section and the recently adopted climate action plan encouraged the County to support renewable energy resources, which this facility would do. He added that his team felt it was consistent with the comprehensive plan. Mr. Clark mentioned that beyond the special use permit, as a utility facility providing power to the public grid, this proposal is subject to compliance with the comprehensive plan review by state law. He said that this is done for any such generating facility like this. He said that given comments from the previous slide, staff recommends that the Commission find it in accord with the comp plan. Mr. Clark stated that staff found three favorable factors, including the provision of a source of renewable power generation, compliance with the comprehensive plan, and no change to the already impervious site in terms of the runoff characteristics. He said there were no unfavorable factors found, and his team is recommending approval of the special use permit with the conditions as defined on the presented slide. Mr. Bivins thanked Mr. Clark and asked the Commission if anyone had any questions at this point. Mr. Clayborne said that the staff report makes reference to an "engineer" and a decommissioning piece of this. He asked if that should say "professional engineer," as the term engineer is used very loosely. Mr. Clark responded that this was not previously discussed, but it is a change that could be made fairly easily. He said that given that the plan would have to be reviewed and approved by the county attorney and the county engineer, he would think that they would expect that anyway. He said that if the Commission wanted to recommend that, his team could make that minor change. Mr. Bivins thanked Mr. Clark Mr. Randolph said it was not clear where it says on page two, that "the solar panels will be installed on frames that rest on surface -mounted supports, rather than the typical underground concrete support blocks." He said his recommendation would be that when this goes to the Board, there is much more explanation as to what "surface -mounted supports" look like, how they are configured, the material that they're made of, and how they are actually secured to the ground. He commented about what had transpired in Scottsville the previous week with a microburst, with sudden intense winds and heavy rain. He said that he immediately thought about what would happen if a microburst hit this site and how these frames would hold the panels against intense high winds. He said that he thinks it would be useful to have diagrams and further explanation when this goes to the Board. Albemarle County Planning Commission FINAL Minutes —August 3, 2021 3 Mr. Clark stated that he appreciates that and said he himself is not a professional, or any other kind of engineer, so his description may have been somewhat insufficient. He said that fortunately, Ms. Young was present to speak to the applicants and can be described in more detail. He added that if after they see her information, they feel there is still a stronger presentation needed, he can certainly do that. Mr. Bivins said that he imagines Mr. Clark will defer to the Community Power Group. He said that there were two things on the CPG website that he was interested in, including that this is a 2MW- power project. He stated that he would like some reconciliation between what is being presented here and what is presented on their website. He said that he would also like to see discussion around gassing with 10-ft clearances, and he assumes that's because the site is off -gassing as it matures and has to off gas. He said if it's going to off gas, he would like some idea of how flammable those gases are. He also asked how they were going to ground those structures so if they are struck by lightning, there is not also some sort of combustible event on Dick Woods Road. Mr. Clark responded that he has not seen the version on the website, and all of the conditions that are presented to the Commission tonight are referring to the 15-acre, 3.1 MW plan. He said that he's sure Ms. Young can address that variant. Mr. Clark said he shares Mr. Bivins' concern about the fire hazard from the methane off -gassing of the landfill, which of course is managed by the Rivanna Solid Waste Authority. He said as he understands it, that safety standard is reviewed and imposed by the Department of Environmental Quality when the proposed facility goes through their review, which generally follows the localities review. He said what he's heard from Ms. Young is the same as what Mr. Bivins found: that there are DEQ99Q-mandated offsets from the areas where the methane is being extracted from the landfill to ensure that there is not an immediate fire hazard. Mr. Clark said that he does not have an immediate answer on the grounding question but assumes Ms. Young can address that. Mr. Bailey said two of the main power lines are above ground, and he understands this is a no -till site, but those are typically buried for safety reasons. He asked how robust these conduits were, or how they prevented the above -ground lines from being struck and what kind of safety considerations there were. Mr. Clark said he doesn't think he's seen a specific design in the application for the overground conductor but is sure Ms. Young can discuss those details. Mr. Bivins invited Ms. Young to speak. Ms. Young stated that she is a senior project manager with the Community Power Group. She thanked the Planning Commission and Community Development staff, as well as members of the public, for taking the time to review their application. Ms. Young reported that Community Power Group is based in Maryland and has about 2GW of solar PV in development across the U.S. She said they have a strong focus in the Mid -Atlantic, and all of their staff is located in either Virginia or Maryland. She said they also have extensive experience working on projects on landfills. She said they have a portfolio of projects, including five different sites on about 70 acres in Maryland, as well as another portfolio in Massachusetts. She commented that they are very familiar with the technical design implications of locating on landfills and are very excited to work closely with the RSWA, as well as DEQ, on some of those matters. Albemarle County Planning Commission FINAL Minutes —August 3, 2021 4 Ms. Young said that this project is comprised of three proposed solar facilities, each approximately 1 MW of alternating current. She said that though the parcel itself is over 300 acres, this project — including the panels and inner connection area —is proposed to be on about 15 acres of that area. She stated that the electricity produced by the project would not be distribiuted to any specific meter within the area, but it would go into the distribution grid to provide clean energy to nearby homes and businesses. She noted that this is part of compliance with the Virginia Clean Economy Act that was passed in 2020, which directs utilities to procure solar on previously developed sites, as well as a large amount throughout the state. Ms. Young said the Ivy Material Utilization Center (MUC) began its landfill operations in the 1960s and was acquired by the County of Albemarle and the City of Charlottesville shortly after that time. She said it operated for several decades before its final closure and capping in 2002; the site has an active solid waste permit with DEQ and goes through extensive monitoring. Ms. Young said that Community Power Group won an RFP with RSWA in 2017 to develop these solar facilities. She said they have worked very closely with Rivanna and appreciate their support on this project. Ms. Young stated that the design is for three 1 MW solar facilities that would be installed on fixed - tilt racking. She reiterated that there would be several inverter units placed throughout the site, and they take efforts to locate those to the interior of the site as much as possible to minimize any potential noise impacts, as well as to make them easily accessible to maintenance. Ms. Young said because they make a commitment to be extremely careful about no penetrations to the landfill caps, all of the conduit coming from the inverter panel locations will be above ground —up until a point in the southern part of the site where they are able to underground that to cross the driveway and reach the inner connection point. She said this is a Dominion utility pole existing on the site and can be found in the red area of the map, near the buildings and intake area. Ms. Young shared a photo of an existing landfill facility that CPG constructed in Massachusetts. She said that as can be seen in the photo, these panels are installed on fixed -tilt racking, which is very common for a ground method solar facility. She said that instead of driving pile posts into the ground, they are simply attached or surrounded by a concrete ballast, so it sits entirely above the ground, and there are no ground penetrations needed. She said this is also a common practice on rooftop projects where it is not possible to penetrate the roof membrane. She stated that even at 70 or 80 feet in the air, it is still possible to provide enough concrete ballasts to secure those panels to a roof surface. She noted that they are using the same strategy here, where there is enough concrete applied to the base of the system that it won't shift or uplift during wind conditions. Ms. Young pointed out a small section of conduit run that is coming off the panels. She said this is the same thing that will run over the capped landfill areas down to the southern end of the site. She said it will be a metal conduit, sitting on top of a piece of concrete that will spaced throughout the conduit; beneath that will be a material so if there is any shifting there won't be any disturbance to the ground. Ms. Young said they haven't gone through the detailed engineering to determine the exact placement of that conduit, but that would be part of the site plan development as well as the permit with Virginia DEQ. She said this is to protect the landfill cap, and they would make DEQ and Rivanna very aware of where all of the material is going and what the operating conditions will be to protect the cap. Albemarle County Planning Commission FINAL Minutes —August 3, 2021 5 Ms. Young said there was a glint and glare study prepared to assess the potential impact for motorists along 1-64 to the north, as well as Dick Woods Road to the south. She stated that they utilized a software tool called ForgeSolar, developed by the Department of Energy and the Federal Aviation Administration, to assess the potential for glint and glare of the solar facility — throughout the entire year to collect a year of sun positions, as well as the specific parameters of the project. She said that for the routes shown on the presentation and the specific parameters of the project, no glare was predicted. Ms. Young moved onto the next slide and said CPG also pays close attention to what the potential noise output of the facility will be. She said that as Mr. Clark discussed, the typical noise output of the solar inverter is between 55-65 dB, which is similar to a dishwasher or residential air conditioning unit. She said as the distance increases, the sound dissipates. She said that because the closest residential facility is over 1,000 feet away, the noise is expected to be less than 10 dB, which also does not take into account any vegetation or obstructions that may be in the way between the noise produced and the observer in their home. She said the noise from these inverters is expected to be much less than current road traffic, or what could be expected on the MUC for their typical activities as a recycling center. She said the inverters go into stand-by mode at night when no power is being produced. Ms. Young said as the next steps for this project if approved, CPG would go to site plan amendment and development, with an additional stormwater review to determine any potential impact from the facility on existing stormwater facilities onsite. She stated that CPG would also be going through a DEQ landfill closure permit amendment process; in which case, the DEQ would review the project and specific design parameters from detailed design documents to determine whether there is any potential impact for the landfill cap. She said CPG would be required to address those impacts before moving to construction. Ms. Young reported that DEQ would also address the risks to the rest of the project and the current landfill byproducts, which include Ieachate and landfill gas. She said there are active and passive gas vents on the site, and over half of the capped facilities are construction waste, as opposed to municipal or household waste. She said that this produces less methane than what would be expected from a landfill that is entirely residential waste, but CPG is very aware of the methane production on this site. She said there would be detailed surveying of the location of those vents and calculations of vent output, and they would be locating the equipment in facilities an acceptable distance away from the fences. She added that CPG would also be pursuing building and electrical permits before they move to construction. Ms. Young said the projects are under study for interconnection with Dominion, and that process can take a long time —with the potential for delays. She said they are also going through procurement with Dominion that could lead to some delays, but the expectation and hope is that this project will complete its permitting by the end of 2021 and move into construction by the end of Spring 2022. She said the typical construction period for a ground -mounted solar facility of this size is about two to three months. She said only a couple of weeks of that time period will be the heavy lifting in terms of receiving panels and materials to the site and using a forklift to move those panels to the construction area. She said that process is very quick because it's fairly formulaic, and the remainder of that time period would be dedicated to wiring, as well as inner connection at the utility pole. Ms. Young noted on a diagram some of the paved areas that would be utilized for construction parking and staging during that timeframe. Ms. Young said she hoped she had answered some of the Commission's questions and welcomes any more from them. Albemarle County Planning Commission FINAL Minutes —August 3, 2021 6 Mr. Keller thanked Ms. Young for the presentation and the information about CPC's approach. He said that because the contours have been capped, there can't be land disturbance, so CPG has developed above -ground "boots" that the legs would fit it. He said his question is whether the length of the legs varies to keep the same angle or inclination of the solar panels —in other words, if the contour is dropping down across 15 panels or whatever are connected, and it drops down 10 feet, whether that meant there would be shorter legs at one end and taller legs at another. Ms. Young responded that they do use a variable design in terms of actual height of the posts, but it won't differ more than perhaps a foot at the largest extreme. She said they attempt to maintain a 25-degree tilt throughout the totality of the project, there would only be minimal differences in the posts supporting the racking, and the overall height of the facility won't be any higher than 9-10 feet. Mr. Keller said that obviously they are doing projects where CPG doesn't have to do this and plant the posts into the ground, most likely in concrete under the surface. He asked if there is a significant cost differential for CPG in the one approach versus the other. Ms. Young said there is a bit of a cost difference here, and it does create additional costs. She believes the figure is maybe 5-6 cents higher per KW, which can add a significant cost to a project, but that has been worked into the proposal, and they are working through that with Dominion. She stated that it does create a slight additional cost, but because this project is fixed tilt, there are no motors associated with it, and it would be part of a single -axis tracking facility, there are some savings. She commented that there is a bit of a give and take. Mr. Keller thanked Ms. Young and said he was actually asking this for future projects. He stated that this is a learning process for them, and many Commissioners have had significant concerns about topographic and contour manipulations of sites that in theory are going to be returned to their existing conditions in the future. He added that he thinks what CPG is showing is an opportunity for an alternative, and perhaps it can be applied in places adjacent to floodplains where there are hydrologic issues. Ms. Young stated that the reason the plan has changed from what was shown on the website was because CPG identified the area where it is as minimal of a slope as possible. She said they are locating the panels on a flat high area, which is why there is a bit of a change in the site plan since the first design. Mr. Randolph said he has four questions for Ms. Young and thanked her for her presentation. He said his first question is regarding methane vents, and he asked if any of the methane venting system already in place needs to be moved. Ms. Young responded that they would not need to do that. Mr. Randolph commented that the northwest quadrant shown in Attachment 2 is not receiving any panels, and he is curious as to why there were not any panels being placed there. Ms. Young replied that CPG would love to maximize the benefit for Rivanna in terms of the income that would come from this project to offset their maintenance cost. She said typically they would look to maximize the area that is feasible; however, with this site, the available area in the northwest quadrant was minimal due to the higher slope in that area. She said additionally, the way the Virginia Clean Economy Act was drafted, they only procure facilities up to 3MW. She said Albemarle County Planning Commission FINAL Minutes —August 3, 2021 7 they selected the three areas on the site that presented the best topography and available area, to get to that 3MW cap. Mr. Randolph said that doesn't rule out in the future, they might potentially find it cost effective to engage with the northwest corner. He said he had a question about the construction staging that Ms. Young presented and asked if the timeline would have any impact on Rivanna's recycling operations, which occur on the weekends. Ms. Young responded that it would not, and CPG had spoken with Rivanna about the most acceptable areas to place that equipment. She said that Rivanna had directed CPG to that point and felt that it wouldn't affect their operations. Mr. Randolph said his other question is about cost, which is where the discussion ended with Commissioner Keller. He asked if it would be the case while this is more expensive for CPG to actually install the system, he wondered if 30-40 years from now the cost would be easier to decommission the site. He said there are only concrete footings that need to be detached and heavy lifted, with the concrete taken out and broken down, and they would not have to pull them out of the ground —which would be a much more labor- and equipment -intensive process. Ms. Young said that is a very good point and believes Mr. Randolph is correct in that the decommissioning of this facility will be much simpler than other facilities where there have been extensive pilings into the ground. She stated that because there would be no proposed land disturbance besides at the southwest part of the site where the interconnection is occurring, there would be less restoration needed. Mr. Clayborne thanked Ms. Young for her expertise and said his question is more for his knowledge, as this is still a new project type for him. He said he is curious if there are any structural disadvantages for this installation method versus the traditional concrete footings. He said he is asking mainly just thinking through what climate change is doing in terms of natural disasters, and hurricanes stretching up this far are not uncommon now. He said that Ms. Young mentioned wind uplift and asked if they get the same structural characteristics with this approach. He asked again what disadvantages there are. Ms. Young responded that the only disadvantage is a slightly reduced production potential. She said the biggest advantage to a tracking system where the panels tilt and follow the path of the sun is that it provides the greatest amount of solar energy production from the site. She stated that from a structural standpoint, she does not believe there would be any disadvantage from this. She said there must be a significant number of calculations to ensure there is a significant number of ballasts, and it is a common practice for rooftop systems as well. She said she would not expect any significant disadvantage. Mr. Keller asked as a follow up to Mr. Clayborne's point if that means that it is CPG's feeling that when there is this type of installation, there can't be a movable panel. Ms. Young said she has not yet seen a landfill application of a moveable panel. She said that would create additional weight, and the motors themselves introduce additional complexity in terms of making sure there are no emergency situations around methane because of an active motor and the chemicals involved. She said she has not seen any racking systems for landfill that have been developed with a tracker, or incorporating tracker technology, but that is not to say that it wouldn't be possible in the future. Albemarle County Planning Commission FINAL Minutes —August 3, 2021 8 Mr. Keller asked if CPG has done this type of installation in a non -landfill location. He asked if they have encountered an environmental situation where either county or jurisdictional policies precluded the manipulation of land, removal of topsoil, etc., necessitating this type of installation to be above ground. Ms. Young said she does not believe CPG has encountered any environmental- or code -related reasons that have prevented them from doing a tracking system. She said they have done fixed - tilt systems on a non -landfill application, and the reason they may choose to do that is because single -axis trackers require long straight rows that are oriented east to west. She stated that if the site is a weird squiggly shape or there is not an opportunity to install the long corridors, they would choose a fixed -tilt system. She said that unless it was a brownfield or another landfill site, there have not been any environmental code reasons to choose one system over another. Mr. Keller asked if Ms. Young knows of cases where this above -ground boot system has been used to support keeping the existing land contours and they have had the moveable tracking system as well. Ms. Young said no, she has never seen a system that has these concrete boots and also tracking. Mr. Bivins said he knows Ms. Young is aware there have been earthquakes in Virginia, and a number of the other projects the Commission has seen didn't have some of the peculiar aspects that this site has, where methane gas was not present. He said that he noticed on page five of the report that she said there will not be any onsite staff. He said that since there are these peculiar situations, and some things that have higher risk, he asked where staff would be and how quickly they could get to the site in the event there was an issue. Ms. Young said that there are onsite staff that Rivanna employs for the maintenance of the site, and CPG will be doing training with them to visually detect if there are any issues. She said from a specific solar maintenance situation, CPG typically has a maintenance crew visit the site one to two times per year. She said they would be creating a long-term maintenance contract with a local company, and there are a number of solar maintenance facilities in the greater Albemarle/Charlottesville region. She said because of the large number of systems that are being proposed, a specific solar technician would be able to reach the site very quickly, as well as an electrician if there are any specialized technicians needed. Mr. Bivins said that he understands there is an obligation to train the first responders, and he assumes that part of that training would be with the on -the -ground technician, or the servicing agency, and CPG would bring everyone together in a unified approach about some of the issues on this unique site. Ms. Young agreed with that statement. Mr. Bivins asked if there was anyone from the public who would like to speak. There were none. Ms. Young thanked the Commission again for their review of the application as well as the questions. She said she appreciates the discussion. Mr. Bailey said he thinks this is a great project and it's awesome to see land used for solar that really has no other use, and to find a creative way to apply solar to it. He said he was in North Albemarle County Planning Commission FINAL Minutes —August 3, 2021 9 Carolina the previous week, and it is the second-largest adopter of solar in the U.S. after California. He said on a per capita basis, the solar adoption is greater than California. He said Virginia currently has about 550MW installed and has 520OMW planned for installation, given a lot of these different legislative acts. He said from a Planning Commission standpoint in meeting with the director at North Carolina Clean Energy Tech on the NC State campus, the value is the connection to the grid. He said NC State has already seen some of their legacy sites upgrading panels to newer technology because they have better production capabilities. Mr. Bailey said the director has assumed that once something goes into this land use category in special use, it is likely to stay there longer than 30 years because the cost and ability to get into the grid and the substation, and movement of electricity is the expensive driver of a project like this —not the individual cost of a panel. He said that he wanted to bring that up to the Commission for consideration, as there is thought given to more solar coming in and what land it goes on, and that it likely could lock up that land for greater than 30 years. Mr. Bivins reminded the Commission there are two topics needing motions: the SP and one for compliance with the comprehensive plan. He said he thought he saw Commissioners indicating they did not want to make the change in wording to add the word "professional." Mr. Randolph moved to recommend approval of SP202100006 Ivy Landfill Solar Facilities with the conditions outlined in the staff report. Mr. Bailey seconded the motion, which passed unanimously (6-0). Mr. Bivins said that this item would move forward to the Board of Supervisors. Mr. Randolph moved that the Planning Commission find the proposed solar utility use to be in compliance with Albemarle County's Comprehensive Plan. Mr. Keller seconded the motion, which passed unanimously (6-0). Mr. Bivins told Ms. Young that she has heard from the Commissioners on both the topic of the special use permit and on the compliance with the Comp Plan that they have approved those and will be sending that recommendation along to their Supervisors. He said that it was advised for Ms. Young being able to speak to the issues to the Board and perhaps change the information on the website. He said she has heard that they are fans of her company and project and look forward to the outcome of her presentation to the Board of Supervisors goes. Ms. Young thanked the Commission again Committee Reports There were no committee reports Items for Follow-up There were no items for follow-up Albemarle County Planning Commission FINAL Minutes —August 3, 2021 10 Adjournment At 7:42 p.m., the Commission adjourned August 24, 2021, Albemarle County Planning Commission meeting, 6:00 p.m. via electronic meeting. Charles Rapp, Director of Planning Approved by Planning Commission Date: 8/24/2021 Initials: CSS (Recorded and transcribed by Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards and transcribed by Golden Transcription Services) Albemarle County Planning Commission FINAL Minutes —August 3, 2021 11