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HomeMy WebLinkAboutSP202000007 Staff Report 2023-02-10 (2)COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: AGENDA DATE: SP201900010 Rivanna Solar December 18, 2019 SUBJECT/PROPOSAL/REQUEST: STAFF CONTACT(S): Request to amend SP201700018 to extend Scott Clark expiration date by three years for approved solar -energy electrical generation facility, with PRESENTER (S): solar panels occupying approximately 90 Scott Clark acres on a 149-acre parcel. 1-7aCy3H:A1l1:I531 The Applicant has submitted a request to amend SP201700018 Rivanna Solar to extend the expiration date by three years, from March 14, 2020 to March 14, 2023. At its meeting on November 12, 2019, the Planning Commission voted 6:0 to approve SP 2019-00010 with the conditions recommended by staff. DISCUSSION: This request is only for an extension of the expiration date of the approved permit, and does not involve any changes to the plan for the approved use. There have been no changes since the Planning Commission meeting. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment D) to approve SP201900010 subject to the conditions contained therein. ATTACHMENTS: A — Planning Commission Report Al — Planning Commission Report — Attachment A A2 — Planning Commission Report — Attachment B A3 — Planning Commission Report — Attachment C A4 — Planning Commission Report — Attachment D A5 — Planning Commission Report — Attachment E B — Planning Commission action letter C — Planning Commission minutes D — Resolution approving SP 2019-10 ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201900010 Rivanna Solar Staff: Scott Clark, Senior Planner Planning Commission (PC) Hearing: Nov. 12, Board of Supervisors (BOS) Hearing: Dec. 18, 2019 2019 Owner: Carolyn P. Sweeney Applicant: Rivanna Solar LLC Acreage: 149 acres Special Use Permit(s) for: 10.2.2.58, Solar energy systems. No new dwelling units proposed. Tax Map Parcel (TMP): 09400-00-00-017AO Zoning/by-right use: RA Rural Area - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) Magisterial District: Scottsville Location: 2631 Buck Island Rd School Districts: Stone -Robinson Elementary — Conditions: Yes Walton Middle School — Monticello High School Comprehensive Plan: Rural Areas Requested # of Dwelling Units/Lots: N/A Proposal(s): Request to amend SP201700018 to Comp. Plan Designation: Rural Area — preserve and extend expiration time by three years for approved protect agricultural, forestal, open space, and natural, solar -energy electrical generation facility, with solar historic and scenic resources; residential (0.5 unit/ panels occupying approximately 90 acres on a 149- acre in development lots) acre parcel. Character of Property: The property includes two Use of Surrounding Properties: Several adjacent dwellings. The majority of the site was cleared in a properties are residential lots, and the site is adjacent commercial forestry operation several years ago, and to an existing electrical substation. Much of the is largely open with some small planted pines. surrounding land is in large farm and forest properties. Factors Favorable: Factors Unfavorable: 1. Conditions in the surrounding area have not None. changed since the previous approval. 2. Extending the permitted time for construction of the already -approved facility to begin will not introduce new impacts. Recommendation: Staff recommends approval of SP201900010 with conditions. STAFF CONTACT: PLANNING COMMISSION: BOARD OF SUPERVISORS: Scott Clark, Senior Planner November 12, 2019 December 18, 2019 BACKGROUND: SP201700018, which permits development of a solar -energy electrical generation facility, was approved by the Board of Supervisors on March 14a', 2018. See Attachment A for the original staff report for this permit. Since the approval of the special use permit, the applicants have been pursuing necessary permits at the state level with the Department of Environmental Quality. Due to the standard length of time required for any solar facility to go through this DEQ process, it will not be possible for the applicants to commence on -the -ground work on the approved facility before the two-year approval period on the special use permit expires. The applicants are requested a three-year extension of the approval period for the special use permit to allow time to finish the DEQ permitting process, and to allow for any delays in equipment procurement. This would require the following amendment to condition 11: 11. If the use, structure, or activity for which this special use permit is issued is not commenced by March 141h_ 2023_ the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. DISCUSSION: Neither County policies regarding the Rural Areas nor regulations governing solar energy facilities have changed since the approval of SP201700018. The character of the area is also unchanged. The previously -approved conditions are therefore still sufficient to establish the requirements for this permitted use. Staff has identified the following factors favorable to this proposal: Conditions in the surrounding area have not changed since the previous approval. Extending the permitted time for construction of the already -approved facility to begin will not introduce new impacts. Staff has identified no factors unfavorable to this proposal. Staff does not fmd that any adverse public impacts would arise from extending the approval period for this Special Use Permit to March 14, 2023 as requested by the applicant. Staff recommends that the Planning Commission recommend approval of this special use permit amendment to the Board of Supervisors with the following conditions. 1. Development and use shall be in general accord with the following revised plans prepared by Draper Aden Associates titled "Conceptual Layout, Rivanna Solar Farm" dated January 5, 2018 (hereinafter "Concept Plan") as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Concept Plan, development and use shall reflect the following major elements as shown on the Concept Plan: a) Location of solar development envelopes; b) Location of access/entrance improvements; c) Location of equipment yard; and d) Retention of wooded vegetation in stream buffers Land disturbance, which includes but is not limited tograding, excavation, filling of land, the felling of trees, and the removal of tree stumps, shall be limited to the areas shown on the Concept Plan as "Proposed Solar Development Envelopes," "Proposed Landscape Buffer" areas, and the "Temporary Construction Entrance" and the "Permanent Entrance" areas, unless additional land disturbance is approved by the Director of Planning in writing and prior to the land disturbance. Minor modifications, with the approval of the Zoning Administrator and the Directorof Planning, to the Concept Plan that do not otherwise conflict with the elements listed above may be made to ensure compliance with the Zoning Ordinance. 2. Landscaping and screening shall be substantially the same as shown on the revised plan prepared by Draper Aden Associates titled "Landscape Buffer Details" dated January 5, 2018, and shall be planted as shown on a landscaping plan approved by the Director of Planning or his or her designee. 3. All inverters shall be set back at least one hundred (100) feet from property lines and rights -of - way. 4. The applicant shall submit a tree -protection agreement between the applicant and the landowner of Tax Map Parcel 09300-00-00-047EO with the building permit application. This agreement shall prohibit the removal of shrubs or trees (except for non-native or invasive species) by either party within 475 feet of the rear boundary of this parcel until decommissioning of the solar energy facility on Tax Map Parcel 09400-00-00-017AO is complete. The tree -protection agreement shall be subject to review and approval by the County Attorney, and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the County of Albemarle. Prior to issuance of a building permit, the tree - protection agreement shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle. 5. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting properties. 6. The applicant shall submit a decommissioning and site rehabilitation plan (hereinafter "Decommissioning Plan") with the building permit application that shall include the following items: a) A description of any agreement (e.g. lease) with all landowners regarding decommissioning; b) The identification of the party currently responsible for decommissioning; c) The types of panels and material specifications being utilized at the site; d) Standard procedures for removal of facilities and site rehabilitation, including recompacting and reseeding; e) An estimate of all costs for the removal and disposal of solar panels, structures, cabling, electrical components, roads, fencing, and any other associated facilities above ground or up to thirty-six (36) inches below grade or down to bedrock, whichever isless; and f) An estimate of all costs associated with rehabilitation of the site. The Decommissioning Plan shall be prepared by a third -party engineer and must be signed off by the party responsible for decommissioning, and all landowners of the property included in the project. The Decommissioning Plan shall be subject to review and approval by the County Attorney and County Engineer, and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the County of Albemarle. 7. Prior to issuance of a building permit, the Decommissioning Plan shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle. 8. The Decommissioning Plan and estimated costs shall be updated every five years, upon change of ownership of either the property or the project's owner, or upon written request from the Zoning Administrator. Any changes or updates to the Decommissioning Plan shall be recorded in the office of the Circuit Court of the County of Albemarle. 9. The Zoning Administrator shall be notified in writing within 30 days of the abandonment or discontinuance of the use. 10. All physical improvements, materials, and equipment (including fencing) related to solar energy generation, both above ground and underground, shall be removed entirely, and the site shall be rehabilitated as described in the Decommissioning Plan, within 180 days of the abandonment or discontinuance of the use. In the event that a piece of an underground component breaks off or is otherwise unrecoverable from the surface, that piece shall be excavated to a depth of at least 36 inches below the ground surface. 11. If the use, structure, or activity for which this special use permit is issued is not commenced by March 141, 2023_ the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. ATTACHMENTS Attachment A — SP201700018 Planning Commission Staff Report Attachment B — Area Map Attachment C — Site Map Attachment D — Conceptual Plan Sheet 1: Conceptual Plan for Site Attachment E — Conceptual Plan Sheet 2: Landscaping and Screening ALBEMAY, COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201700018 Rivanna Solar Staff. Scott Clark, Senior Planner Planning Commission Public Hearing: February 6, 2018 Board of Supervisors Hearing: TBA Owner(s): Carolyn P. Sweeney Applicant(s): SolUnesco, LLC/on behalf of Sol Development, LLC Acreage: 149 acres Special Use Permit for: Solar energy system allowed by special use permit under section 10.2.2.58 of the Zoning Ordinance TMP: Tax Map Parcel 09400-00-00-017AO By -right use: RA Rural Areas - agricultural, forestal, and Location: 2631 Buck Island Rd fishery uses, residential density (0.5 unit/acre in development lots) Magisterial District: Scottsville Proffers/Conditions: Yes School District: Stone -Robinson Elementary — Walton Middle School — Monticello High School Requested # of Dwelling Units/Lots: none DA - RA - X Proposal: Solar -energy electrical generation facility, Comp. Plan Designation: Rural Area— preserve and with solar panels occupying approximately 90 acres protect agricultural, forestal, open space, and natural, historic and scenic resources, residential (0.5 unit/ acre in development lots) Character of Property: The property includes two dwellings. Use of Surrounding Properties: Several adjacent The majority of the site was cleared in a commercial forestry properties are residential lots, and the site is adjacent to an operation several years ago, and is largely open with some existing electrical substation. Much of the surrounding land small planted pines. is in large farm and forest properties. Factors Favorable: Factors Unfavorable: 1. The use is in accord with Comprehensive Plan policies for None. the Rural Areas and for encouraging use of sustainable energy sources. 2. The site can be returned to agricultural or silvicultural uses, unlike more permanent forms of commercial or utility development. 3. The proposed landscaping and screening effectively reduce the visibility of the site from Route 53, and long- distance visibility of the site from historic sites and the rural landscape in general is significantly limited by topography, distance, and the low-lying nature of the proposed facility. 4. Noise impacts can be managed by equipment setbacks. Recommendation: Staff recommends approval with conditions. SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 1 STAFF CONTACT: Scott Clark, Senior Planner PLANNING COMMISSION: February 6, 2018 BOARD OF SUPERVISORS: TBD PROJECT: SP201700018 Rivanna Solar PETITION: PROJECT: SP201700018 Rivanna Solar Project MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL(S): 09400-00-00-017AO LOCATION: 2631 Buck Island Rd PROPOSAL: Solar -energy electrical generation facility, with solar panels occupying approximately 90 acres PETITION: Solar energy system allowed by special use permit under section 10.2.2.58 of the Zoning Ordinance on a 149-acre parcel. No new dwelling units proposed. ZONING: RA Rural Area - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre 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 THE AREA: The site is in a rural landscape characterized by large farm and forest properties, with some small -lot residential development along the roads. The valley and large floodplain of Buck Island Creek lie just to the south of the site. PLANNING AND ZONING HISTORY: None. Zoning code -enforcement staff recently received a complaint regarding the storage of inoperable vehicles on a portion of the property adjacent to Buck Island Road, outside the area of the proposed solar facility. At the time of report preparation, the process of removing those vehicles had already begun. DETAILS OF THE PROPOSAL: The site is a large rural property that was cleared in a commercial timbering operation several years ago. The cleared portions of the site have been re -planted with pines, which are still small. (See post -clearing aerial view in Attachment F). The proposed facility would include approximately 90 acres of passive solar voltaic arrays on the 149-acre property. The solar panels would lie horizontal on posts, approximately six feet above the ground, and would tilt from east to west through the day to orient the panels toward the sun. Electricity generated by the facility would be transferred to the adjacent Dominion Virginia Power substation for use in the general electrical grid. Areas where panels were installed would be surrounded by chain -link fences. Approximately seven inverters (contained in metal boxes approximately 14 feet long, 7.5 feet high, and 3.5 feet wide) and other electrical equipment would be located on the site. No buildings would be needed, and after construction, there would be no on -site staffing. See Attachment C for the conceptual plan. Solar panels would be installed only within the development envelopes shown on the plan. The community meeting was held October 16, 2017 at East Rivanna Fire Station. Approximately twelve members of the public attended the meeting. The attendees asked about impacts of the use, such as traffic generation, water impacts, and visibility. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 2 reasonably consider the following factors when reviewing and acting upon an application for a special use permit No substantial detriment The proposed special use will not be a substantial detriment to adiacent lots. Impacts on adjacent lots would be limited to the visual impacts of the solar arrays and the noise generated by the inverters that are used to convert the direct current from the solar panels to alternating current that can be sent to the electrical grid. The noise from the inverters is not intensely loud — the applicants state that the noise level would be 70 decibels at a distance of one meter (3.28 feet). According to Purdue University comparison table, this noise level, for someone standing at the source, would be comparable to "radio or TV audio" or a vacuum cleaner. The decibel level decreases with distance from the source. However, the noise would be continuous during daylight hours, while electricity is being produced. (No noise would be generated after dark.) In order to avoid any nuisance created by the ongoing noise, staff recommends a condition of approval requiring that the inverters on the site be set back at least 100 feet from all property lines. At 100 feet, the noise level should be reduced to approximately 40 decibels. This noise level is comparable to the interior of a library. Character of district unchanged The character of the district will not be changed by the proposed special use. Solar facilities of this type are dependent on large areas of open land, which are typically only found in the Rural Areas. The operation of the facility would not affect the viability of agriculture, forestry, or conservation in the surrounding rural landscape. While the facility would change the visual appearance of the site, proposed landscaping would help to screen the facility from the road and establish a perimeter that is more consistent with the surrounding landscape. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter The purposes of the RA zoning district include: Preservation of agricultural and forestal lands and activities; While the land used for the solar facility could not be simultaneously be used for agriculture or forestry, the land could return to those uses once the facility was no longer needed. Staff has recommended conditions of approval detailing requirements for a "decommissioning plan" that would require the operator and the landowner to remove all facilities and equipment from the site at the end of the facility's lifespan. Removal of both above -ground facilities and below -ground panel supports would ensure that the land could return to agricultural or silvicultural use. Water supply protection; The property is not located in a Water Resource Protection Area, and so will not impact local water supplies. Limited service delivery to the rural areas; and After construction, the site will not be occupied, except for occasional maintenance visits. Lack of on -site office or industrial facilities means that there will very rarely be any need for emergency services, and no need for drinking -water supply or septic fields. Conservation of natural, scenic, and historic resources. SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 3 The landscaping and screening discussed below are intended to reduce visual impacts of the facility on scenic resources. Natural resources would be protected by preventing development on critical slopes or in stream buffers (as show in Attachment Q. The site could be returned to agricultural or silvicultural use after decommissioning of the solar facility. ...with the uses permitted by right in the district Uses permitted by right in the RA zoning district include agriculture, forestry, and residential uses, among others. The impacts of the proposed solar -energy facility are mainly limited to the site, and would not limit the viability of agriculture, forestry, or other rural uses in the surrounding area. ...with the regulations provided in section 5 as applicable, There are no supplemental regulations provided in section 5 for this use category. Lessons learned from this review, which is the first for this recently -permitted use category, may be developed into supplemental regulations at a later date. ...and with the public health, safety and general welfare. Traffic generation for the site would be mostly limited to the construction phase. The applicants have stated that they will comply with Virginia Department of Transportation (VDOT) requirements for temporary construction uses during installation of the facility (estimated to take about 6 months). After the installation of the solar arrays, the only traffic coming to the site would be for occasional maintenance. VDOT has reviewed the proposal and found it to be "generally acceptable." Consistencv with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. Rural Areas Plan The Rural Areas section of the Comprehensive Plan focuses on protection of agricultural and silvicultural uses and activities, and on protection of natural and cultural resources. This proposed use would occupy approximately 90 acres of recently-clearcut forest land with an energy -generation use. However, unlike other utility uses like power plants, a solar -energy facility does not permanently remove its site from productive agricultural or silvicultural use. A facility of this type is expected to have a lifetime of about 30 years. After the facility is no longer needed, the solar panels and all of the supporting infrastructure can be removed from the site, and the land can be used for agriculture or forestry again. Staff has recommended several conditions of approval regarding the development and implementation of a "decommissioning plan" that would require the operator and landowner to remove all equipment and infrastructure from the site and rehabilitate it for rural uses after the sola facility goes out of use. Elements of the decommissioning plan include: • Removal of above -ground equipment and facilities, including fencing • Removal of below -ground facilities (bases for supporting poles, some wiring) to a depth of 36 inches or to bedrock, whichever is less • Recompacting and reseeding soil after equipment removal Visual Character The site is located on Route 53, which is a major access route to Monticello and James Monroe's Highland, and the facility could be viewed by travelers along that route if not appropriately screened. Maintaining the rural visual character of the road is appropriate under the Comprehensive Plan. The applicants have worked with staff SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 4 and the Architectural Review Board (ARB) to develop the landscaping plan shown on Sheet 2 of the Conceptual Plan (Attachment C). The ARB reviewed this proposal according to the Entrance Corridor Design Guidelines, focusing on those guidelines pertaining to the treatment of equipment. The ARB recognized that the equipment guidelines, which state that visibility of equipment should be eliminated, were written to address commercial and residential developments with small-scale mechanical equipment — not large-scale solar panel installations. Consequently, the ARB provided two possible recommendations (Options A and B). (See Attachment D for the ARB action letter.) Option A would screen the most visible portions of the site, but allow intermittent views of the site behind adjacent lots. Option B would attempt to eliminate all visibility of equipment on the site from Route 53. The latter option would require buffer plantings as currently shown along the edge of Route 53 to be extended for approximately 2,800 feet of the edge of the property that lies behind other parcels that abut Route 53. As noted in Attachment D, " [tjo eliminate all visibility, a significant amount of additional landscaping (and/or major changes to grading and/or size of the solar field) would need to be employed. It is likely that these alternatives are impractical." The current conceptual plan (Attachment C) shows landscaping and screening that are in accord with the ARB's recommended option A, which screens the most visible portion of the site (especially the portion directly adjacent to Route 53) without attempting to eliminate all possible views of the site through the existing vegetation on parcels that lie between the site and Route 53. Staff believes that this level of screening is appropriate for protecting the visual character of Route 53. In addition, the landowner and the applicants have proposed to place a tree -protection agreement on the rearmost 475 feet of parcel 93-47E (see location marked on Attachment B). Although this area was mostly clearcut along with parcel 94-17A, it has been replanted with pines, and a small area of mature trees remains. This area does not effectively screen the solar -facility site at present, but screening will increase to some extent as the planted pines grow. The proposed agreement, referred to in condition 4 below, would prevent both the owner of 93-47E and the solar -facility operator from removing trees in the agreement area. Shortly before the preparation of this report, the Board of Supervisors directed staff to prepare a Resolution of Intent to amend the zoning ordinance to remove some streets from the Entrance Corridor Overlay District due to a conflict between the county and state codes. Route 53 is one of those streets. Therefore, the ARB's comments on this application should be considered advisory. Despite this, maintaining the rural visual character of the County's roads is appropriate under the Comprehensive Plan. Route 53 has a strong rural, scenic character, and it is a major access route to Monticello, James Monroe's Highland, and other historic sites. The proposed solar facility, if not appropriately screened, could negatively impact the view seen by residents and tourists traveling along the route. Consequently, the ARB's recommendations are still pertinent. Historic Resources The site lies within 4.1 miles of Monticello (which is 492 feet above the proposed site) and 3.2 miles of James Monroe's Highland (which is 248 feet above the proposed site). Lines of sight exist between certain open areas of these historic sites and the proposed solar -energy facility. However, the limited height of the solar panels and the distances involved mean that the facility will not stand out from the landscape as a tall structure would. The applicants have supplied aerial photographs of existing solar facilities taken from similar viewing distances and angles, and those existing facilities are not prominently visible. (The applicant can also show these photographs at the public hearing). Also, the applicants have provided a viewshed-analysis map that shows estimated areas from which the proposed facility would be visible (Attachment E). Given the distance from the site to the SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 5 significant areas of theoretical visibility, staff does not believe that the facility would be prominently visible in the landscape. Environmental Sustainabilitv The Comprehensive Plan includes the Sustainability Council's 1998 Sustainability Accords as important guiding principles. Those Accords state that the community should "[p]romote the conservation and efficient use of energy resources." Further, the Natural Resources chapter of the plan states that the County should "continue to demonstrate leadership in energy and carbon reductions at the local level" That chapter also refers to the report of the Local Climate Action Planning Process, which recommended that the community "promote wider awareness and adoption of cleaner sources of electrical energy (e.g., solar photovoltaic, co -generation, biomass, wind). The proposed facility would be in accord with these policies, as it would supply energy from one of those "cleaner sources." Review for Compliance with the Comorehensive Plan As an electrical generation use that will provide energy to a public utility (Dominion Virginia Power), this proposal is subject to a Compliance with the Comprehensive Plan Review as required by the Code of Virginia (Section 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 stated above, staff finds that the proposed use is in substantial accord with the Comprehensive Plan. Staff recommends below that the Commission formally make the finding of substantial accord, in addition to the recommended action on the special use permit proposal itself. SUMMARY: Staff has identified the following factors favorable to this proposal: 1. The use is in accord with Comprehensive Plan policies for the Rural Areas and for encouraging use of sustainable energy sources. 2. The site can be returned to agricultural or silvicultural uses, unlike more permanent forms of commercial or utility development. 3. The proposed landscaping and screening effectively reduce the visibility of the site from Route 53, and long-distance visibility of the site from historic sites and the rural landscape in general is significantly limited by topography, distance, and the low-lying nature of the proposed facility. 4. Noise impacts can be managed by equipment setbacks. Staff has identified no factors unfavorable to this proposal. Based on the findings contained in this staff report, staff recommends that the Planning Commission find the development of the proposed solar energy facility to be in substantial accord with the Comprehensive Plan. Staff also recommends approval of SP201700018 Rivanna Solar with the following conditions: SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 6 1. Development and use shall be in general accord with the following revised plans prepared by Draper Aden Associates titled "Conceptual Layout, Rivanna Solar Farm" dated January 5, 2018 (hereinafter "Concept Plan") as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Concept Plan, development and use shall reflect the following major elements as shown on the Concept Plan: a. Location of solar development envelopes; b. Location of access/entrance improvements; c. Location of equipment yard; and d. Retention of wooded vegetation in stream buffers Minor modifications, with the approval of the Zoning Administrator and the Director of Planning, to the Concept Plan that do not otherwise conflict with the elements listed above may be made to ensure compliance with the Zoning Ordinance. 2. Landscaping and screening shall be substantially as shown on the Conceptual Plan, and shall be planted as shown on a landscaping plan approved by the Director of Planning or his or her designee. 3. All inverters shall be set back at least one hundred (100) feet from property lines and rights -of -way. 4. The applicant shall submit a tree -protection agreement between the applicant and the landowner of Tax Map Parcel 09300-00-00-047EO with the building permit application. This agreement shall prohibit the removal of shrubs or trees (except for non-native or invasive species) by either party within 475 feet of the rear boundary of this parcel until decommissioning of the solar energy facility on Tax Map Parcel 09400- 00-00-017AO is complete. The tree -protection agreement shall be subject to review and approval by the County Attorney, and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the County of Albemarle. Prior to issuance of a building permit, the tree -protection agreement shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle. 5. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting properties. 6. The applicant shall submit a decommissioning and site rehabilitation plan (hereinafter "Decommissioning Plan") with the building permit application that shall include the following items: a. A description of any agreement (e.g. lease) with all landowners regarding decommissioning; b. The identification of the party currently responsible for decommissioning; c. The types of panels and material specifications being utilized at the site; d. Standard procedures for removal of facilities and site rehabilitation, including recompacting and reseeding; e. An estimate of all costs for the removal and disposal of solar panels, structures, cabling, electrical components, roads, fencing, and any other associated facilities above ground or up to thirty-six (36) inches below grade or down to bedrock, whichever is less; and f. An estimate of all costs associated with rehabilitation of the site. The Decommissioning Plan shall be prepared by a third -party engineer and must be signed off by the party responsible for decommissioning, and all landowners of the property included in the project. The Decommissioning Plan shall be subject to review and approval by the County Attorney and County Engineer, and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the County of Albemarle. 7. Prior to issuance of a building permit, the Decommissioning Plan shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle. SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 7 8. The Decommissioning Plan and estimated costs shall be updated every five years, upon change of ownership of either the property or the project's owner, or upon written request from the Zoning Administrator. Any changes or updates to the Decommissioning Plan shall be recorded in the office of the Circuit Court of the County of Albemarle. 9. The Zoning Administrator shall be notified in writing within 30 days of the abandonment or discontinuance of the use. 10. All physical improvements, materials, and equipment (including fencing) related to solar energy generation shall be removed from above ground and from below ground down to bedrock, or to a depth of at least 36 inches below the ground surface, whichever is less, and the site shall be rehabilitated as described in the Decommissioning Plan, within 180 days of the abandonment or discontinuance of the use. 11. If the use, structure, or activity for which this special use permit is issued is not commenced by [date two years from Board approval], the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. Motions: Compliance with the Comprehensive Plan Review: A. Should the Planning Commission choose to find this proposal to be in substantial accord with the Comprehensive Plan: I move to find the facility proposed in SP201700018 Rivanna Solar to be in substantial compliance with Comprehensive Plan. B. Should the Planning Commission choose to not find this proposal to be in substantial accord with the Comprehensive Plan:: I move to find the facility proposed in SP201700018 Rivanna Solar not to be in substantial compliance with Comprehensive Plan.. (Planning Commission needs to give a reason for the finding.) Special Use Permit: C. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP201700018 Rivanna Solar with the conditions outlined in the staff report. D. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP201700018 Rivanna Solar. (Planning Commission needs to give a reason for denial) ATTACHMENTS Attachment A — Area Map Attachment B — Site Map Attachment C — Conceptual Plan • Sheet 1: Conceptual Plan for Site • Sheet 2: Landscaping and Screening Attachment D — ARB Action Letter Attachment E — Viewshed Analysis Map SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 8 Attachment F — Aerial View of Property SP201700018 — Rivanna Solar Processing Facility Planning Commission: February 6, 2018 Page 9 lPantops o / Attachment BJ \ J Monticello a a Thomas Jefferson Visitor Center Simeon MICTON NILLS Ma Albemarle County Fair 1 � i n r 0 0 11 - SP201700018 Site sR� A 0 0.2 0.5 1 les \ /J/�j/�i--�tl\I _ / \�\\\ ✓/ _ \ II \\ `\ Ill ' / `> \ ✓ ` ) l /ski' I!Lr// \ _ 1\\ i /l /'- �` "- 1 \ I11 /- _ THOMAS JEFFERSON HIGHWAY \ I / / � 4�`� `\ , I / /�/�/'-'1/ /"�-<� �/�� / /'// / _�•;< / //i /ROUTE 53 I/III `\\ II � �"/� I � — _ '' .TEMPORARY CONSTRUCTION— .,,/ EXISTING SUBSTATION 1I ,_' ' \INTERCONNECTION FACILITIES \ / \ ENTRANCE, SEE DETAIL SHEET rr v1 v 1 `MILTON ROAD - _ _ / / ) v v -- \\I\ ROUTE 729 // / \\ I\\L- -/// // gs IN IN IN APPROXIMATE \\ \ \ \ \ \\\ ^II LOCATION OF EXISTING \\ I I \ \\ / / \ 150' POWER EASEMENT ,{ g ' k --__�� -=,r `; \ // I I �jll II \ \ \ /� � 1 � 1 \ \`\` � \r ///ilj I l / / / 1 I!1 i � / i I \\ \\\ 111�� � •n v A w/ ) I / 11 / / / 1 v vI A AV v`-_� V 1 1 � v /i / I I I j l�l I I I\ V G1 �/ 1 I AAVI ��d �' _ ��� ,• AVAA\ A _- III NO - A 1III AVA "`N Av/„ /, _ ,/q / / QJ °� {QoE m u'a vg ' / / l j.-../-),1 _ A 1V /� a J, >E�§ / '(�. � I I{ \\\ _\\`\ i III \\�\ �--_-�'ii//`/ APPROXIMATE � � vv / / N / / / I r v / LOCATION OF--'-'�v' v vvv v v I11 ' EQUIPMENT YARD \ 1 V A l / .�— . / - ='I L�I��. •v vvA111VAAA XT till I l - - vv/\�� + ����� milly `v ��/lllliv`viivlivv �, ivlvvviii / BUCK ISLAND ROAD ROUTE 729 v A /'\ _ :� vl N. 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N BANK x� 3r„50� SETBACK (2) AD GRAPIDIC SCALE JO-­ PARCEL ID:►1 .♦ 09400-00-00-017A0to ;�:1 _c .. VIEW FROM ARROW #3 (3) IA2 / • / DETAIL PLANT SCHEDULE EXISTING PI_IEk I 6` MIA. — CLOTH GROUND- SIDE ELEVATION �70' MIN. VDOT • MUST EXTEND FULL MOTH OF INGRESS AND EGRESS W RAYON IINAVVINL: ULVICL PLAN VIEW 12' MIN.- 3' MIN. SECT ON A -A 3" MIN. FILTER CLOTH • �L 1 B. 7.. REINFORCED SECTION B—B DRAIN SPACE RVICE ROAD DETAIL 6*-B* VEST 21-A STONE r 1 11 1 n SURFACE 1 1 SUBGRADE COMPACTED SUBGRAD] SERVICE ROAD SECTION AG AMEIPNCHIER X GRANDITONA'AUTUMN BRILLIANCE ' ' AUTUMN BRIWANCE5ERVICEBERRY 4'-5'HTJ I.5"MYER IA2 IUEX OPACA AMERICAN HOLLY 5'-G HTJI.5'CALIPER Y/RY JE JUNIPERUS VIRGINIANA EA5TERN RED CEDAR 5'-6' HTJ1. 5' CALIPER PT FINDS TAEDA LOBLOLLY PINE "I'HTJ 1.5' CALIPER PV PINUS VIRGINIANA VIRGINIA PINE 7'HTJI.5' CALIPER [ �} AM ACER RUBRUM RED MAPLE 5'-G'NI T CALIPER OTP JACIDENDRON TUDPIFERA TULIP POPLAR 5'-G' HTJI.5' CALIPER 0 RO OUfRGUS RUBRA RED OAK 51 TH I.S'CALIPER 5HRII CODE BOTANICAL NAME COMMON NAME REEI O IG ILIX GIABRA INKBERRY GALLON • MO MORELIA CEKIFERA SOUTHERN WAX MYNEU, CALLED NOTE: THE PUNTING 5CHEOUIE 15 PREUMINARY AND 15 5UWECT TO CHANGE WTRI COUNTY APPROVAL. BA5ED ON 501L TYPE. TOPOGRAPHY, AND GEOLOGY. 2. ALL BITE FLANTING50T TRAM AND 5HRUB55HAT BE ALLOWED TO REACH, AND BE MAINTAINED AT, MATURE HEIGHT: THE TOPPING OE TREES 15 PROHIBITED, 5HRU65 AND TREES SHALL BE PRUNED MINIMALLY AND ONLY TO 5UPPORT THE OVERALL HEALTH OF THE PLANT. 3. A MINIMUM OF 30 TREF5 OF T HEIGHT OR FATHER SHALL BE PLANTED ALONG THOMA5 JEFFER50N HIGHWAY(RTE 53). 3�r e Z__...E,cElm�rwT��...,v �_ aa�aamm`P Br9dPb.ew armor. rar mw aow'arwn n+w Arin PLAN vEw asrmu°'�.�'�'��w UNTRMCE WHEN rm RE'�® Ra rice ou ..erema�. SCTYMIA NMI` IN fENSECIAN NON' m�sn KLMNXN_EF ENTRf E GINDE DRAKES sECTw c-c w METHOD OF TREATMENT 1ISNECTSN 1. STREET MLpryECTlp4 00 WNMp & ENIN.N1 R*' a'LLa JG w Q w LL 0 P.� m Ir Q W Q 2 LL J O > W Q 5 Z ° v Z Q Q BE BE Z % ED m J REVISIONS 16020168-050303 20F2 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 December 3, 2019 Charlie Johnson Apex Clean Energy 310 4th Street NE, Suite 300 Charlottesville VA 22903 RE: SP201900010 Rivanna Soler Dear Mr. Johnson, The Albemarle County Planning Commission, at its meeting on Nov®ber 12, 2019, by a vote of 6:0 recommended approval of the above - referenced petition with the following conditions. 1. Development and use shall be in general accord with the following revised plans prepared by Draper Aden Associates titled "Conceptual Layout, Rivanna Solar Farm" dated January 5, 2018 (hereinafter "Concept Plan") as determined by the Director of Planning and the Zoning Administrator. To he in general accord with the Concept Plan, development and use shall reflect the following major elements as shown on the Concept Plan: a) Location of solar development envelopes; b) Location of access/entrance improvements; c) Location of equipment yard; and d) Retention of wooded vegetation in stream buffers Land disturbance, which includes but is not limited to grading, excavation, filling of land, the felling of trees, and the removal of tree stumps, shall be limited to the areas shown on the Concept Plan as "Proposed Solar Development Envelopes," "Proposed Landscape Buffer" areas, and the "Temporary Construction Entrance" and the "Permanent Entrance" areas, unless additional land disturbance is approved by the Director of Planning in writing and prior to the land disturbance. Minor modifications, with the approval of the Zoning Administrator and the Director of Planning, to the Concept Plan that do not otherwise conflict with the elements listed above may be made to ensure compliance with the Zoning Ordinance. 2. Landscaping and screening shall be substantially the same as shown on the revised plan prepared by Draper Aden Associates titled "Landscape Buffer Details" dated January 5, 2018, and shall be planted as shown on a landscaping plan approved by the Director of Planning or his or her designee. 3. All inverters shall be set back at least one hundred (100) feet from property lines and rights -of -way. 4. The applicant shall submit a tree -protection agreement between the applicant and the landowner of Tax Map Parcel 09300-00-00-047EO with the building permit application. This agreement shall prohibit the removal of shrubs or trees (except for non-native or invasive species) by either party within 475 feet of the rear boundary of this parcel until decommissioning of the solar energy facility on Tax Map Parcel 09400-00-00-017AO is complete. The tree - protection agreement shall be subject to review and approval by the County Attorney, and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the County of Albemarle. Prior to issuance of a building permit, the tree -protection agreement shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle. 5. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting properties. 6. The applicant shall submit a decommissioning and site rehabilitation plan (hereinafter "Decommissioning Plan") with the building permit application that shall include the following items: a) A description of any agreement (e.g. lease) with all landowners regarding decommissioning; b) The identification of the party currently responsible for decommissioning; c) The types of panels and material specifications being utilized at the site; d) Standard procedures for removal of facilities and site rehabilitation, including recompacting and reseeding; e) An estimate of all costs for the removal and disposal of solar panels, structures, cabling, electrical components, roads, fencing, and any other associated facilities above ground or up to thirty-six (36) inches below grade or down to bedrock, whichever is less; and f) An estimate of all costs associated with rehabilitation of the site. The Decommissioning Plan shall be prepared by a third -party engineer and must be signed off by the party responsible for decommissioning, and all landowners of the property included in the project. The Decommissioning Plan shall be subject to review and approval by the County Attorney and County Engineer, and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the County of Albemarle. 7. Prior to issuance of a building permit, the Decommissioning Plan shall be recorded by the applicant in the office of the Circuit Court of the County of Albemarle. 8. The Decommissioning Plan and estimated costs shall be updated every five years, upon change of ownership of either the property or the project's owner, or upon written request from the Zoning Administrator. Any changes or updates to the Decommissioning Plan shall be recorded in the office of the Circuit Court of the County of Albemarle. 9. The Zoning Administrator shall be notified in writing within 30 days of the abandonment or discontinuance of the use. 10. All physical improvements, materials, and equipment (including fencing) related to solar energy generation, both above ground and underground, shall be removed entirely, and the site shall be rehabilitated as described in the Decommissioning Plan, within 180 days of the abandonment or discontinuance of the use. In the event that a piece of an underground component breaks off or is otherwise unrecoverable from the surface, that piece shall be excavated to a depth of at least 36 inches below the ground surface. 11. If the use, structure, or activity for which this special use permit is issued is not commenced by March 14'^. 2023. the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincer ly, colt ark Senior Planner Planning Division Cc. Carolyn P Sweeny 2427 Thomas Jefferson Pkwy Charlottesville VA 22902 Albemarle County Planning Commission FINAL November 12, 2019 The Albemarle County Planning Commission held a public hearing on Tuesday, November 12, 2019, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Tim Keller, Chair; Daphne Spain; Jennie More; Karen Firehock; Bruce Dotson; and Pam Riley. Members absent: Julian Bivins, Vice -Chair; and Luis Carrazana, UVA representative Other officials present were David Benish, Planning Director; Carolyn Shaffer, Clerk to Planning Commission; Scott Clark; Rachel Falkenstein; Michaela Accardi; Andrew Knuppel; Andy Herrick; and Bart Svoboda. Call to Order and Establish Quorum Mr. Keller called the regular meeting to order at 6:00 p.m. and established a quorum. From the Public: Matters Not Listed for Public Hearing on the Agenda Mr. Keller invited comment from the public on other matters not listed on the agenda. Hearing none, he moved on to the Consent Agenda. Consent Agenda Mr. Keller asked if any commissioner cared to pull an item from the consent agenda. Hearing none, he asked if there was a motion for acceptance. Ms. Riley moved to approve the consent agenda. Ms. More seconded the motion, which was carried by a vote of 6:0. (Mr. Bivins was absent from the vote.) Public Hearing Items SP201900010 Rivanna Solar Mr. Clark presented the staff report. He said this was a request to amend a previously approved Special Use Permit (SP201700018) to extend the expiration time by three years for that already - approved solar energy facility, with solar panels occupying approximately 90 acres on a 149-acre parcel. Mr. Clark said the facility is located at the intersection of Thomas Jefferson Parkway, Milton Road, and Buck Island Road. He said it is directly adjacent to the existing substation that is near that same intersection. Mr. Clark presented a panorama image of the property as it looked like a couple years before. He also presented the conceptual plan for the use, noting it was unchanged and was still the same plan from the previous permit application. He indicated to gray areas, explaining that they are envelopes in which the panels themselves might fall, and the landscaping area out by 53 on the Entrance Corridor to help protect that area. ALBEMARLE COUNTY PLANNING COMMISSION —November 12, 2019 1 FINAL MINUTES Mr. Clark said the original request was approved in March of 2018 and since that time, the applicants have been pursuing necessary permits at the state level with the Department of Environmental Quality. He said that, as it turns out, any such facility must go through that process, and it is very time consuming and more than the two years of the County's standard approval process. He said the applicants are requesting a three-year extension to allow them to finish their state permitting process and begin construction before their permit expires. He said nothing else about the proposal was changing. Mr. Clark said given that the proposal was not changing, the County's policy for the rural areas have not changed, and the area is significantly the same, there is only one recommended change, which is to the last condition to change the date of expiration. Mr. Clark said that, in summary, the conditions have not changed, and extending the permitted time for three years will not introduce new impacts. He said staff did not find any adverse public impacts from extending the approval of the already -approved permit. Mr. Clark said he had all the conditions for the Commission to review. He noted that the element changing was the last condition (Condition 11) to change the expiration date. He presented the possible motions to the Commission and offered to answer any questions. Ms. Spain asked if the delay was because the permitting at the state level took longer than the applicant had expected. Mr. Clark replied yes, adding that the applicants found that getting through the length of the permitting process, with the documentation they must provide and the public input process for that, was taking longer. He said if they do not get the work done within the two-year period, their permit will expire. He said they would not be able to get through the permitting process and arrange for construction in that amount of time. Ms. Spain asked if the applicant could not have started the state process before they got the decision. Mr. Clark replied no. He said the applicant had to get the local approval and then the County had to document that. Ms. Spain asked if this had to come before the state process. Mr. Clark replied yes, adding that it would have been unwise of the applicants to go into the state process without having the detailed conditions already in place and knowing what they were held to. He said the County had to provide County signatures on documentation of the approval before they could get through their process. Mr. Keller invited the applicants to come forward. Mr. Charlie Johnson with Apex Clean Energy Charlottesville addressed the Commission, noting that he was joined by Francis Hodsoll of SolUnesco, a partner on the project. Mr. Johnson said that Apex Clean Energy consists of about 200 employees located in Charlottesville. He expressed that Rivanna Solar was an exciting project for the company, as it was a local project. He said Apex travels across the country to build renewable energy facilities, ALBEMARLE COUNTY PLANNING COMMISSION —November 12, 2019 2 FINAL MINUTES take them to construction, and ultimately operate them throughout the life of the projects. Mr. Johnson presented a map showing the amount of facilities Apex has under development, construction, and operations for both wind and solar. He noted they were very active in Virginia, with solar and wind projects in Southwest Virginia. Mr. Hodsoll said he founded SolUnesco with his business partner, John Hillis, in 2015 when they saw the market in Virginia starting to open up. He said during the period of the past four years, they started 13 different projects in Virginia. He presented a slide about the project, noting that he had started it 3-4 years before and that they sold the project to Apex in 2018 to jointly develop the project with them. He said generally, SolUnesco's role in development is to get projects started to identify land that makes sense, work with landowners, and then bring in companies like Apex. Mr. Hodsoll said the applicants were before the Commission in February 2018. He said the project is a 12.5-megawatt project that is roughly equivalent to 2,500 homes being powered. He said the parcel is 150 acres, but the development envelope is 90 acres where, based on the conditions at the County level, the applicants are allowed to place solar panels. He said they would expect a project like this to have about a 35- to 45-year life. Mr. Hodsoll said that one of the benefits of the project and why they think it is a very good project is that the substation is located nearby, and so the costs to interconnect to the transmission system are competitive. Mr. Hodsoll said the only other feature he would point out is that Ms. Sweeney (the landowner) has entered into an agreement to not harvest any trees within her parcel, which also is the parcel along Thomas Jefferson Parkway to the left of a dark buffer. He said they were basically completely buffering along Thomas Jefferson Parkway between the planting right along the road and the conservation easement they have with Ms. Sweeney. Mr. Hodsoll presented a slide showing more detail that goes into the buffering plan that they worked with County staff on to make sure that the plan meets the County's requirements. Mr. Hodsoll presented the conditions, offering to go through the details but noting that the Commission had already reviewed and approved the project. He pointed out the only condition that was changing, which was the expiration piece. Mr. Johnson said that Mr. Clark had provided good details about the applicants' request. He said he would highlight a few things that the applicants have been working on specific to the permitting process. He said in 2018, they received approval from the County for the Special Use Permit and that since that time, the applicants have worked closely with DEQ. He said they were currently in permit review with DEQ through their permit -by -rule process. He said this was not the only timeline item, but that the applicants expect to have approval by the end of the year. Mr. Johnson said that along with this, the applicants have also worked with the Army Corps of Engineers to delineate the site for wetlands. He said they have since committed, with their application to DEQ, to also adhere to the 100-foot buffer from other fingers on the property, which is the 100-foot buffer that is set in the County ordinance. He said the applicants were actually buffering from all wetlands that they delineate, not just the County -recognized stream through the project. He said the applicants have received determination that the wetlands have been confirmed by Army Corps. ALBEMARLE COUNTY PLANNING COMMISSION —November 12, 2019 FINAL MINUTES Mr. Johnson said that another set of details the applicants must work on in the meantime is a set of expensive studies to allow for the design of the project. He said they have performed geotechnical studies on the site and that they have flown the entire site for detailed imagery and topography for aiding in the design of the project. He said the applicants have worked with third - party consultants to help design the site. Mr. Johnson presented some high-level construction target dates, noting that there was much work to be done between the permit -by -rule approval and construction including final engineering, securing offfake for power purchase from the project, lining up the financing (whether through a sponsor or construction financing for purchase of the equipment), and final engineering for the project. He said the hope was to be operational by mid-2021, at the very latest, adding that it would hopefully much sooner than that. Mr. Keller opened the public hearing. Hearing no comments from the public, he closed the public hearing and invited the applicants to come forward again for questions. Ms. Riley asked the applicants to further describe the power purchasing plan for the project. Mr. Johnson said that traditionally with utilities projects, utilities in the past have been most logical purchaser for power, but as of late, they have seen a big push from the corporate market (e.g. Facebook, Google) as those big corporate power consumers are very interested in solar and wind. He said that specifically where they are on the grid, solar in Virginia and PJM is currently very competitive. He said Apex has been reaching out too many parties and have been making some headway, but that it was another step along the way to get into construction. Ms. Riley asked if there was joint ownership at that point and if the intent for the future was that Apex would be the sole owner. Mr. Johnson asked if Ms. Riley was referring to joint ownership between Apex and SolUnesco. Ms. Riley replied yes. Mr. Johnson said that currently, Apex owns the project as the sole owner, but SolUnesco is working with them as a contractor to finish out the development. He said at that point, it was tough to say if Apex would own the project, expressing that they would love to be able to, but that they pride themselves on being flexible with the market, as many customers would like to own the projects themselves. He said it came down to the capital to be able to construct it themselves. He said future ownership was unknown at that point and depended on the structure of the power purchase agreement or potentially utility, if a customer wanted to own the facility in their market. He said that no matter who the owner is, they would have to comply with the same permitting regulations. Mr. Keller closed the public hearing and brought the item back for discussion and action. Ms. Riley moved to recommend approval of SP2O19OOO1O Rivanna Solar with the conditions outlined in the staff report. Ms. Spain seconded the motion, which carried unanimously 6:0. (Mr. Bivins was absent from the vote.) ALBEMARLE COUNTY PLANNING COMMISSION —November 12, 2019 4 FINAL MINUTES Adjournment At 9:03 p.m., the Commission adjourned to November 19, 2019 Albemarle County Planning Commission meeting, 6:00 p.m., Lane Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. David Benish, Chief of Planning (Recorded and transcribed by Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards) Approved by Planning Commission Date: 12/03/2019 Initials: CSS ALBEMARLE COUNTY PLANNING COMMISSION —November 12, 2019 5 FINAL MINUTES