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
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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
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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
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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
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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
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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
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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
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50.000001 - SS Oro
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60.000001 - 65 ■
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Page 7 of 30
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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)
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