or  RGINIP  Charlotte County Planning Commission 250 LeGrande Avenue, Suite A Charlotte Court House, VA 23923 Thursday, June 20, 2024 7:30PM  7:30 pm Regular Meeting Call to Order Invocation Approve Agenda  Consider Approval of May 16th Minutes General Public Comment Period  Recess for Public Hearing - Samuel Hostetler Conditional Use Permit - Wood Processor  Call Public Hearing to Order Staff Report Applicant Comments Public Comments  Commissioner Questions/Comments  Adjourn Public Hearing & Reconvene Regular Meeting Consider Action on Samuel Hostetler's Conditional Use Permit Application Recess for Public Hearing-Tobias Hertzler Conditional Use Permit - Retail Store  Call Public Hearing to Order Staff Report Applicant Comments Public Comments  Commissioner Questions/Comments  Adjourn Public Hearing & Reconvene Regular Meeting Consider Action on Tobias Hertzler's Conditional Use Permit Application  Recess for Public Hearing - Lavender Solar Conditional Use Permit - Utility-Scale Solar  Call Public Hearing to Order Staff Report - The Berkley Group    Applicant Comments Public Comments  Commissioner Questions/Comments  Adjourn Public Hearing & Reconvene Regular Meeting Consider Action on Lavender Solar's Conditional Use Permit Application Review of General Agricultural Zoning District Requirements  Minimum Lot Sizes  Minimum Setbacks, Side and Rear Yards, and Frontage  Discuss Moving. July 18th Meeting to 7:00 PM for Quarter Horse Solar Joint Public Hearing  Staff Report Commissioners' Time Adjourn    Charlotte County Planning Commission May 16, 2024,7:30 pm Charlotte County Administration Office  Present: Miller Adams James Benn W.V. Nichols  Absent: Eugene Wells  Mike Price Belinda Strom  Patrick. Andrews Hazel Bowman Smith* Andrew Carwile Richard Vaughan Kerwin Kunath David Watkins, Jr.  *Board ofSupervisors Alternate Representative -I Non-voting Staffi in Attendance: Dan Witt, County Administrator  Monica Elder, Assistant County Administrator  Chairman Carwile called the meeting to order, and Mike Price gave thei invocation. Motion was made by David Watkins to approve the agenda as presented. Richard Vaughan seconded the motion and the motion carried with all members present votingyes. Patrick Andrews made the motion to approve the April 18th meeting minutes as presented. Miller Adams seconded the motion; motion carried with all members present voting. yes. Written comments provided by Joseph Moore ofTower Road were read, stating he moved to the area for its beauty and untouched land and objected to solar development on' Tower Loop Written comments provided by Delores Moore of Tower Road were read, stating she moved to the area for its beauty and untouched land and was strongly against solar development on Written comments from Copeland Casati ofTower Road were read, expressing her objections to Lavender Solar. Ms. Casati objections included proximity to Ault Solar (in Prince Edward County), lack ofinput from regulatory agencies, impacts to the cemetery, and procedural issues. Andrew Elder was moved to the end of the public comment list atl his request. Bill Devin from Wylliesburg addressed the Commission regarding lots size and subdivision requirements, expressing concerns that the cost ofthree acres discouraged young homebuyers from locating in the county. He stated thatsubdivision review requirements should also be  Public Comment Period  Road.  Tower Loop Road.  relaxed to encourage development and growth.    Daniel Dixon, who owns property in Madisonville, addressed the Commission regarding battery energy storage. Mr. Dixon stated that battery energy storage had no place in rural settings. He expressed concerns regarding the need for fire protection resources and stated battery energy  storage belongs in industrial settings.  Andrew Elder declined the opportunity to provide comments.  Lavender. Solar 2232 Review  Staff reported the Board of Supervisors had granted another 60-day extension on the 2232 review and the applicant had submitted Amendment 3 to the application, which included a new Micheal Zehner with the Berkley Group, the county's third-party reviewer, presented an updated staffreport. Mr. Zehner focused on unresolved issues including boundary lines, the projettsrelationshp. and impacts to Mt. Lyle Cemetery, and the cultural value of the cemetery and other noted features. His report referenced the preliminary ALTA survey and portions of Chronicle Heritage's cultural resource study as well as the county's new comprehensive plan. In reviewing the comprehensive plan solar policy requirements, Mr. Zehner provided the  survey and maps as well as a cultural resource study.  following opinions from the Berkley Group:  Based on the cultural study findings and project design, active components ofLavender Solar "are not located or designed tol be in such proximity to the cemetery to resultin negative impacts to its use, value, ori importance individually or to the County. However, during consideration oft the conditional use permit, further consideration should be given to conditions on buffers, protection, and access to the cemetery." Mr. Zehner noted the: study found a rubble pile and ruins ofa a home on the property, but they did not contribute to eligibility for the state or national historic registers. Screening meets local requirements but needs further consideration during the Fencing type and DWR fencing recommendations should be considered during the Solar density exceeds 3% since Tall Pines, CPV County Line, and Charlotte Solar1 1&2 Alocation greater than one mile from a transmission linei is acceptable since Lavenderis  conditional use permit review process.  permit review.  (Gibson & Austin Goldman) are within the 5-mile radius.  Specific project benefits are unclear. ac community-scale project. Economic benefits are minimal.  Setbacks are sufficient based on local regulations.  Based on these findings, Mr. Zehner recommended finding the project substantially in accord Commissioner Strom expressed concerns regarding solar density and inquired about the origin ofthe 3% density regulation. Staff explained the regulation was adopted to limit solar development in communities after the Board of Supervisors rejected the Commission's recommendation to require a specific distance between projects. Staff further explained the density regulation was later amended to give the Board the authority to waive the regulation  with the comprehensive plan.    when deemed tol be in the county's best interest. Alexandria Walling with project developer Inovateous stated they had not addressed density since it had been exceeded in thej past. Supervisor Bowman Smith inquired about inclusion of impacts to the cemetery as a reason to find the application noti in accord under Option 2 oft the staffi report since the Berkley Group's opinion indicated the cemetery was not negatively impacted. Mr. Zehner explained the reasons fors selecting an option were at the discretion of the Commissioners and Commissioners: may Mike Price then made the motion to adopt Option 1 as provided in the staff report, which stated Imove that the Lavender Solar, LLCS proposed 5-megawatt photovoltaic solar energy facility as described in the conditional use permit application, is substantially in accord with the Charlotte County Comprehensive Plan or parts thereof for the following reasons: 1. The Project parcels are zoned General Agricultural which may permit the proposed use. 2. The location use. is more than 6 miles from the nearest town boundary. 3. The facility generates alternative, clean energy. 4. The facility will require minimal county services to operate.  disagree with the Berkley Group's opinion regarding impacts.  the following:  5. The proposed Projectinvolves a small part ofthe total ag/forestal land in the County. The Secretary of the Planning Commission is directed to communicate the Planning  Commission's findings to the Board of Supervisors.  Kerwin Kunath seconded the motion and the motion carried 6-4 with roll call vote as follows: Mike. Price - Yes; Kerwin Kunath - Yes; Patrick. Andrews - Yes; Miller Adams - No; Belinda Strom - No; W.V. Nichols- - Yes; James Benn - Yes; Richard Vaughan - No; David Watkins, Jr.-  No; Chairman Carwile - Yes.  Review ofGeneral Agricultural District Lot Area and. Setbacks  Supervisor Bowman Smith stated the Board of Supervisors discussed the lot size at their May meeting and was very much in favor ofr reducing the lot size. She noted that the county's lot size was greater than those in adjacent localities and lowering the rate would encourage, young homeowners to stay in the county and increase the taxbase. She further stated that while. her personal preference is one acre, the Board agreed to either 1.5 acres or even 2 acres though the Staffo confirmed the county has larger lot size requirements than adjacent localities but noted other aspects oft the issue needed to be considered. Staff reported that Supervisor Bowman Smith, Supervisor Davis, and Chairman Walker had provided comments regarding lot size at the May Board of Supervisors meeting while Supervisor Carwile had provided comments regarding setbacks only. Staff recommended Commissioners consider following when evaluating lot size  consensus of the Board was 1.5 acres.  and setback requirements for the General Agricultural Zoning District:    The General Agricultural District occupies 96% of County land area.  Lot size changes would apply to all uses, notj just residential uses, sO1 requirements for The General Residential District (1.5 acre lot size requirement) and the Village Center Districts (1 acre lot size requirement) are intended to promote developmentin areas where infrastructure and community resource exists SO expansion oft those areas as previously discussed by thel Planning Commission would align with that intent. Camper use for residential purposes is on the rise and smaller lot sizes will likely Virginia Department of Health has stated that approval rates for well and septic permits Requiring preliminary siting of well and septic prior to subdivide parcels may be needed toe ensure smaller lots meet Health Department) requirements but places a burden on landowners that are subdividing without thei intent to develop the property. Accessory dwelling units and acreage requirements for placing an accessory dwelling unit on property with an existing home need tol be evaluated ifl lot sizes are reduced. When asked his opinion as al realtor, Commissioner Richard Vaughan stated he thought the three-acre lot size has been working. Commissioners then discussed the current cost of building lots and installing a well and septic system. Miller Adams expressed concerns regarding potential drainfield failures on smaller lots that could cause issues in the future. Chairman Carwile inquired if there was interest in expanding the seven Village Center Districts to provide additional opportunity to develop smaller lots. Supervisor Bowman Smith stated she did not see the need to do SO and expressed concerns that 96% ofthe county required three acre. lots. Belinda Strom reported that she spoke with Appomattox County Planner Johnnie Roark who indicated they regularly received complaints and had conflicts associated with their smaller lot size (1 acre). Chairman Carwile stated that expanding other zoning districts would provide additional smaller lots without changing lot size across the majority oft the county. He further noted that ift the General Agricultural District lot size was decreased, more: supplemental regulations would be needed due to the variety of uses permitted in the district. Commissioner Strom stated that she had previously worked as a realtor and an appraiser and the price per acre for larger parcels is not the same as that of a single acre, sO reducing thel lot size may not provide the expected reduction inl land prices. James Benn and Chairman Carwile confirmed they had noted price variations based on location, timber, and total acreage. Patrick. Andrews stated that it made sense to promote growth in the town and village areas rather thani in the agricultural district and people hel knew and went to school with had left for job opportunities rather than due to the cost ofland. He further recommended obtainingi input from the county building official and emergency services director and expressed concerns regarding abandonment of smaller lotsi in other localities due to drainfield failures.  more: intense uses should be considered.  increase residential camper use.  are above 90% under the three-acre. lot size requirement.  Commissioners then discussed development of existing lots that don't meet current lot size requirements. Staff explained a zoning amendment was adopted in 2020 that allows for development oflots under the minimum! lot size as long as thel lots were legally created prior to 2002, meet setbacks, and meet health department requirements. Commissioner Kunath stated he agreed with the current lot size as long as the smaller existing lots were buildable.    Commissioners: inquired about the current building rate and amount of zoning issues associated with lot size. Staffs stated they will obtain building data from thel building official and while issues with lot size are not common, those thatarise: are usually associated with thel lot's shape. Supervisor Bowman Smith stated she had received at least fifteen phone calls requesting thel lot size be reduced since lot size was put on the agenda. Commissioners then discussed the availability vofthree-acre lots, noting many larger landowners were unwilling to sell property. Commissioners then discussed the potential to expand the General Residential Zoning District. Commissioners inquired if variances might be used to address lot size. Staffexplained that requirements associated with a Board of Zoning Appeal's variance are established by state code Supervisor Bowman Smith explained landowners with four or five acres could not divide off property forar relative with current regulations. Staff noted that accessory dwelling units were sometimes a solution in these cases. Commissioners then discussed potential issues with accessory dwelling units (ADU), stating that only the landowner could get financing andi ift the landowner passed away, this could be problematic for the ADU tenant since they did not own Discussing the timeline for a recommendation, staff noted the Commission had until August 24th toj prouldearecommendaton Staff further recommended the Commissioners review the County Administrator Witt noted that family subdivision regulations may be a way toj provide reduced lot sizes for family members and avoid the issues associated with ADU ownership. Staff confirmed they would seek guidance from the county attorney. Commissioners then requested staff also review uses that were by-rightinadjacent: localities' Agricultural Zoning David Watkins, Jr. made the motion to table thel lot size and setback issues to the next meeting. Kerwin Kunath seconded the motion and the motion carried with all members present voting  and are very specific.  thel home.  General Agricultural District uses.  Districts.  yes.  Zoning Text Amendment. Application - Battery Energy Storage  Staff provided a presentation on battery energy storage providing a briefoverview, recent growth of battery energy storage, the application received, decisions tol be made, key Benjamin Hadlock, project developer with applicant East Point Energy then provided a presentation including an overview of! battery energy storage, differences between solar and battery energy storage, associated benefits, fire safety, and an introduction to East Point Energy. Mr. Hadlock noted that the City ofl Lynchburg had recently permitted two projects and money  considerations, economics, fire risks, and next steps.  was provided by the developer to purchase needed firefighting equipment.    Mr. Hadlock stated thatanticipated battery energy storage in the county was estimated at 200 acres based on curentinfrastructure. which would supportapproximately 1 gigawatt of Supervisor Bowman Smith inquired about concerns associated with impacts tol local volunteer fire departments. Mr. Hadlock explained that a' "leti it burn" policy would be used with fire protection/suppression at perimeters. He: stated that a project would not be developed until 2028/2029 and safer technologies would be available in the future. Mr. Hadlock further emphasized their focus on coordinating with local fire departments and engaging emergency Commissioners inquired about the selection of sites, current projects in the P/M queue, and the need tol build associated substations. Mr. Hadlock explained developers considered acreage and avoided wetlands and towns. He further explained that once ideal sites were identified, landowners were. mailed letters with economici information to consider. Mr. Hadlock noted that while they have al land option, their project is not in the P/M queue and developers normally obtain local permits first due to associated cost. Regarding substations, he explained substations needed to be builti if none existed but approximately 501 megawatts of battery energy storage was needed to make building a substation financially viable. In response to siting questions, Mr. Hadlock noted that projects are normally on at least five acres plus additional land for required buffers and setbacks and are usually sited on a single parcel no  battery energy storage.  services staff early in the process.  more than % mile from the transmission line.  Staff Report  Staff had included a written report ini the packet. Staff reviewed the tentative schedule for the amendment to Quarter Horse Solar (previously Moody Creek Solar) and an anticipated public  hearing for a retail store on Vincent Store Road.  Commissioners Time Use Education Program. Adjourn  Chairman Carwile commended Belinda Strom for completing the Certified Planning Commissioners Training Program, offered through Virginia Commonwealth University'sland  David Watkins made the motion to adjourn. Patrick Andrews seconded the motion, and the  motion carried with all members present voting yes.    Samuel Hostetler - Commercial Wood Processor Conditional Use Permit Application Review  June 20, 2024  General Information Application Date: May 17,2 2024 Tax Parcel: 15-A-37C  Property Owner: Samual S. & Barbara H. Hostetler  Entrance Location: Tax Parcel #15-A-38A owned by Israel S. and Barbara S. Fisher  Zoning District: General Agriculture  Location: Located off Thomas Jefferson Highway (Route 47), Charlotte Court House, across from the  intersection of Thomas Jefferson Hwy. and Germantown Road (Route 649). The proposed site entrance is located at 6828 Thomas Jefferson Highway, Charlotte Court House.  Parcel Acreage: 50.5 Project Area: 1/2 of an Acre Other Structures on the Parcel: None  Current Property Use: Timber & Open Land with Pond  Future Land Use Map Designation: Agriculture, Forestry & Rural Uses Proposed Use: Commercial Wood Processor (Firewood Production)  Setbacks: Zoning Regulations require 300' setbacks from property boundaries. The site is located  approximately 300' from the southern property boundary; 450' from the northern property boundary; 1150' from the western property boundary; and 50' from the eastern property boundary where the entrance is located, which is owned by Isaac S. & Barbara S. Fisher. Staff recommends including a condition requiring the internal lot line between the project parcel and entrance parcel be vacated ift the owner oft the project parcel obtains  ownership of the entrance parcel as well.  Ingress/Egress VDOT has issued al land use permit to Mr. Hostetler and Mr. Fisher for a commercial  entrance on Parcel #15-A-38A, requiring specific upgrades to the existing entrance. An agreement has been established granting Mr. Hostetler permission for entrance and driveway use. Per the agreement, if the entrance parcel is sold or transferred to anyone other than the owner of Parcel #15-A-37C, an access easement will be recorded prior to  transfer or sale of the property.  Screening: Staff recommends including a condition requiring the applicant to retain and maintain: a  25' buffer of existing trees between the proposed site and all property boundaries for  screening.    Zoning References: Article 9, Use Matrix  Commercial Firewood Processors are a conditional usei ini the General Agricultural Zoning District. Sec. 10-22. Sawmills and Commercial Firewood Processors. (Amended 9/24/19)  10-22-1. Sawmills, commercial firewood processors, and related uses shall be setback 300 feet from 10-22-2. Sawmills and commercial firewood processors must have direct access to a state- 10-22-3. Hours of operation for sawmills and commercial firewood processors shall be limited to 10-22-4. No sawdust, slabs or shavings shall be deposited any closer than 200 feet of any public 10-22-5. The site shall be screened to ensure a minimal visual impact on adjacent uses, including  all parcel boundaries. maintained public road.  6:00 a.m. to 9:00 p.m. on weekdays and 9:00a.m. to 9:00 p.m. on weekends. road and sawdust or wood chip piles shall not exceed 25 feet in height.  but not limited to, fencing, preservation of existing vegetation, and additional vegetation.  Article 12-D Definitions  Commercial Firewood Processor-An operation used for the purpose of processing felled trees and timber delivered from off-site locations into firewood with the intent to sell to others. Operations may include cutting, splitting, drying and bundling of wood and may include pertinent delivery, loading, processing and storage areas for raw materials and/or finished wood products. This definition shall not include the  processing of trees into firewood on the lot or parcel where they were grown.  Adjacent Parcel List: Parcel 15-3-A2 15-3-G 15-A-34 15-A-35 15-A-36 15-A-37  Owners  Acreage / Current Use  Louise Adams  68.8 Acres /Timber  Stuart Ray & Gayle Adams Smith 10 Acres/Timber  Joseph & Linda Langford Matthew & Carla Webb  2.65 Acres / Vacant - (Adjacent to Entrance Parcel) 1.4 Acres / Single Family Home & Outbuildings (Adjacent to Entrance Parcel) 10 Acres /S Single Family Home & Outbuildings (Adjacent to Entrance Parcel) 1.9 Acres /Vacant- (Adjacent to Entrance Parcel) 1.2 Acres / Single Family Home (Near Adjacent) 1.1 Acres / Single Family Home (Near Adjacent) 5.4 Acres /1 Two Single Family Homes & Outbuildings 2A Acres /Vacant- (Near Adjacent) 46 Acres / Single Family Home, Farm Buildings, Timber & Open Land (Entrance Parcel) 58.2 Acres/C Open Land  15-A-34-A Joseph & Linda Langford  15-A-35-A Emmett Hamlett  Kenneth Allen Ward Estate Emmett Hamlett  15-A-37-A Emmett Hamlett 15-A-37-B Thomas Hamlett 15-A-38-A Isaac S. & Barbara S. Fisher 15-A-38-B Rachel J. Fisher    15-A-38-C Levi H. & Barbara H. Fisher  52.5 Acres/ / Single Family Home, Timber (Adjacent to Entrance Parcel)  15-A-68 Dayton Dunnavant, Jr. & Pamela 43.9 Acres / Timber & Open Land  Dunnavant Dunnavant Properties, LLC  15-A-70  57.9 Acres / Single Family Home, Outbuildings, Timber & Open Land (Adjacent to Entrance Parcel)  CUP Application Considerations:  Issues to be considered when reviewing a conditional use permit application per Zoning Ordinance $2-8-7.6: b) Whether the impacts of the proposed use on surrounding properties and public facilities, services, and infrastructure will be adequately mitigated so as to protect adjacent owners and the general public. c) The compatibility of the proposed use with other existing, planned, or proposed uses in the neighborhood, d) The timing and phasing oft the proposed development and the duration of the proposed use. e) Whether the proposed use will result in the preservation or destruction, loss or damage of any significant topographic or physical, natural, scenic, agricultural, archaeological or historic features. f) Whether the proposed use at the specified location will contribute to or promote the welfare oft the public. g) Whether the proposed use will provide desirable employment and enlarge the tax base by encouraging h) The effect of the proposed use ine enhancing affordable shelter opportunities for residents oft the County.  a) Whether the proposed usei is consistent with the comprehensive plan.  and adjacent parcels.  economic development activities consistent with the comprehensive plan.  Recommended Conditions  1. The applicant/owner shall adhere to all federal, state, and local laws, regulations, ordinances and permit requirements for the construction and operation oft the proposed facility. 2. The project shall be constructed and operated in substantial compliance with the application 3. Ina accordance with the Charlotte County Zoning Ordinance, hours of operation shall be limited to 4. The applicant/owner shall maintain a 25' vegetative buffer, comprised of existing vegetation, between the wood processing operation and all property boundaries to facilitate effective screening. Where gaps in existing natural vegetation occur, or where the! buffer is disturbed, the Zoning Administrator or his/her designee may require buffers to be supplemented with additional 5. Ad deeded access easement for use of the driveway and entrance shall be recorded at the Charlotte County Circuit Court Clerk's Office prior to the sale or transfer of entrance Parcel #15-A-38Ato anyone other than the owner of Parcel #15-A-37C per the established agreement with Isaac! S. and  provided and the approved site plan.  6:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 9:00 p.m. on weekends.  plantings compatible with site conditions.  Barbara S. Fisher.    6. Ifthe owner of Parcel #15-A-37C obtains ownership of entrance parcel #15-A-38A, the interior lot line separating the two parcels shall be vacated and an updated plat showing the lot line vacation shall be recorded at the Charlotte County Circuit Court Clerk's Office within 90 days of transfer of 7. The County Administrator, Building Official, Zoning Administrator, or any other parties designated by those County officials, shall be allowed to enter the property to check for compliance with the provisions of this permit, with reasonable advanced notice and subject to the security, health and 8. Any infraction of the above-mentioned conditions may lead to a stop order and revocation oft the Conditional Use Permit, ifi it be the wishes of the Charlotte County Board of Supervisors.  ownership.  safety standards and regulations that apply to the project site.  Conditional Use Permit Actions:  The Planning Commission has three options to consider. Please note the findings below are just potential findings and the Commission should incorporate any findings they deem appropriate.  Option 1- Approval of the Application conditions, based on the following findings:  Imove to recommend to the Board of Supervisor'st that Samuel Hostetler's Conditional Use Permit for a commercial wood processing operation, as presented, be approved with  Approval of the proposed use supports the Comprehensive Plan goal of supporting the Associated impacts oft the proposed use will be mitigated through the supplemental The nature of the proposed use does not negatively impact the rural character oft the  expansion of a diversified economy. The proposed use will help grow the local tax base. regulations and the conditions.  community.  Option 2- Denial of the Application  Imove to recommend to the Board of Supervisor's that Samuel Hostetler's Conditional Use Permit for a commercial wood processing operation, as presented, be denied, based on the  following findings:  The proposed location is not a designated area for commercial growth. The proposed use is not compatible with the rural character oft the community. The proposed use has negative impacts that cannot be mitigated. Defer making a decision on the application until another specified meeting date  Attachments: 1) Conditional Use Permit Application 2) VDOT Entrance Permit 3) Site Maps    eeRec'd 5/17/24 MLE  FOYR  a A RGINI  CONDITIONAL USE PERMIT APPLICATION  Charlotte County, Virginia  250 LeGrande Avenue, Suite A, PO Box 608, Charlotte Court House, VA 23923  Phone: 434-542-5117 Fax: 434-542-5248  PROPERTY DESCRIPTION Tax Map Parcel Number(s):  15-A-370  Property Address (if an E-911 address has not been assigned, provide directions to site): 6828 Thomas Jefferson HgnangCholat Court House  Current Zoning: Current Use(s): paslure  Agmicul-ture  Proposed Zoning:  Proposed Use: Wood Processor  Total Lot Area (Acres): 50  Does proposed use include entire property?LyESIXINO  Ifno, how much will be used for proposed use?_ 72 acve  APPLICANT Name: Mailing Address: Telephone Number(s): E-mail Address:  Samuel Hoste-tlck  L828 thomas Jeffersan Hhahuoy Charlotte CH  PROPERTY OWNER (If different from applicant)  Name: Mailing Address: Telephone Number(s): E-mail Address:  1    UTILITIES Water Supply: Public Water Iswater supply_ New or/XExisting? Sewage Disposal: Public Sewer Issewage disposal system New or Existing?  Private Well yes Private Septic,  A/A  APPLICANT SIGNATURES  As the Applicant, I hereby certify that this application is complete and accurate to the best of my! knowledge, andIfreely consent to its filing. lauthorize Charlotte County officials and other authorized government agents on official business to enter the property as necessary to  process this application. Signature: hanel  Natthn  Printed Name: Samuel Hosfctkr  Date: 5-17-25  Signature: Printed Name:  Date:  OWNER SIGNATURES As the Owner  or Owner's Power of Attorney.  hereby certify that this  application is complete and accurate to the best of my knowledge, and I freely consent to its filing. l'authorize Charlotte County officials and other authorized government agents on official  business to enter the property as necessary to process this application.  9btth  A Signature:  Seml  Printed Name: Samuel Hastefkr  Date: 5-17-24  Signature: Printed Name: Signature: Printed Name:  Date:  Date:  *If there are more than three owners, please contact the County to request an additional signature page. All owners must sign the Conditional Use Permit application.  Ina accordance with the Charlotte County Zoning Ordinance, additional documents may be required before this application is considered complete. County staff can assist you in  determining specific requirements associated with your application.  2    Commonwealth Of Virginia Department Of Transportation Land Use Permit Effective Date Permitee information Owner & Isaac S. Fisher Address 68281 Thomas Jefferson Hwy. Chaplotte Courthouse Virginia 23923 Contact Samuel Hostetler Phone# 434-414-7592 Fax# 24H:#  Permit No Status Department df any other releases or permission  319-35736 APPROVED  This permit only grants permission to use whatever rights the Commonwealth Transportation Board and the Transportation: have int the right of way and no more, and itis the' obligation of the permittee tos secure  that may be needed in order to! perform the work.  May 22, 2024  Expiration Date May 22, 2025 Your. Job# Agent Samuel S. Hostetler Charlotte 68281 Thomas Jefferson Hwy. Charlotte Courthouse. Virginia 23923 Amount  Reinstatement Date Surety & Account Receivable Information Name Samuel Barbara H. Surety Account S.& 2499 Hostetler Surety Type Obligation Amount 2,000.00 Surety Holder  Cash/Check 2,000.00 AGENT  Contact Samuel Hostetler Phone# 434-414-7592 Fax# 24Hr#  4  AUTHORIZATION: In compliance with your application, permission is hereby given insofar as the Commonwealth and/or byl Land Use Petmit for) yout top perform the work and or activity(s) described below:  right, power, and authority unders sections 33.2- 210;33.2- -240;33.2-2 241 oft the Code of Virginia as amended, TransportationBoardi has the  to grant by Special Agreement  Location County/City/Town From Route Number 649 Tol Route Number  Charlotte County 649  Highway Route(s) 47-Thomas From Route Name Germantown Jefferson Hwy. Tol Route Name  Crawley Rd. Rd.  Work Description The! permitteelagent must contact the VDOT Customer Service Center at 1-800-367-7623 a minimum of 48  prior to initiating any excavation within 1.000f feet of a signalized intersection and/or VDOT ITS infrastructure. hours  Upgrade existing entrance toa a commercial. standard ina accordance with attached plans.  Payment Reference 2499  Payment Date 5/22/2024  PaymentType Paymen! Amount  Check  $250.00  Applicant has compiled with' VA Code Section 56-265.15 Affidavit isa attached. TERMS:Appicabie: as statedi int the' VDOTI Land Use Permit Regulations (current edition) and/or as instructions, including but notl limited to the LUP-SPG and/or agreement(s) attached hereto.  per approved plans, and/or regulatory  COMMONWEALTHTRANSPORTATION: BOARD Cdpees C.Daryl Edwards A When checkbox is marked, Appendix Fc oft the Road Design Manual  Call beforey you dig - A Allowt the required timei for marking R Respect and protect the marks/flags Excavate carefully  x By:  0,N89000  May 22, 2024  this permit, thei issuing official certifies that the entrance was  designed in accordance with this Land Use Permit, the inspection and release oft the surety obligation  Ar  FILINSPECTION & SURETY REQUIREMENTS: Upon completion oft the work ora activity(s) authorized under perrhittee shall contact thet following officei in writing orb by electronic communication tor request final  for this permit. Farmville Residency Farmville VA23901 Permit No.319-36736  637Commerce Road Chanesp.Edwards@vDOT.Vignia.gov  VDOT's Web Site: www.ydotviginia.gov  Permittee Copy    Z o C E  W 0 3  5  L  K  E 0 A        99V9L  6LVSL  QLV-SD  LV-9B  548M-SL  EGVSD  569L  VG-SD  a a    26-V-SL  99-V-9L  cree Vrew  6A-V-SI  OZ-V-SL  LL-V-SL  V88-V-SL  O48-V-SL  42-V-SL  ZV-8-SL  LV-E-SL  E o 6 C    +  a/  6EL6P euI  3  ELLS oj  S buojo   &  008  Sdi  59 A  a  20'69 euy uo dn 'Sdl  1Z61 E  no'hin  +    Tobias Hertzler - Retail Store Conditional Use Permit Application Review  June 20, 2024  General Information Application Date: May7, 4 2024 Applicant: Tobias N. Hertzler Tax Parcel: 15-A-8F  Current Property Owner: Elam L. & Emma S. Stoltzfus  Zoning District: General Agriculture  Location: Located at 439 Vincent Store Road (Route 666), Charlotte Court House, approximately 4  mile from the intersection of Vincent Store Road and Thomas Jefferson Hwy. (Route 47).  Parcel Acreage: 53.7 Project Area: 3/4 of an Acre  Other Structures on the Parcel: Outbuildings Current Property Use: Timber & Open Land with Pond  Future Land Use Map Designation: Agriculture, Forestry & Rural Uses  Proposed Use: 60' X80' retail store with approximately 100' X80' parking area. Store will primarily Setbacks: Location complies with setback regulations for the General Agricultural Zoning District.  sell hardware and other general merchandise.  The proposed site is approximately 450 feet from the center of the road, 1200 feet from the rear property boundary, 600 feet from the western property boundary, and 50 feet  from the eastern property boundary.  Ingress/Egress: VDOT has issued a land use permit to Mr. Hertzler for the construction of a new  commercial entrance on the parcel with specifications included ini the permit. (The existing driveway on the property could not be used due to sight distance  requirements.)  Parking: The zoning ordinance requires retail stores provide one parking space for every 300 square feet of floor area, excluding storage areas. The proposed parking area meets this  requirement.  Screening: In accordance with Zoning Ordinance $10-7-9, a landscaped buffer at least five (5) feet in  width is required between the edge of aj parking lot and the public right-of-way and  between the edge of the parking lot and adjacent parcels.    Zoning References for Retail Stores: Article 9, Use Matrix  Non-specified retail uses are listed as a conditional use ini the General Agricultural Zoning District. For the purposes oft this section the term "parking lot" shall mean and refer only to a parking lot containing twenty (20) or more spaces. 10-7-9.1. A continuous landscaped buffer at least five (5) feet in width shall be established between the edge of a parking lot and the public right-of-way. 10-7-9-2.. A continuous landscaped buffer at least five (5) feet in width shall be established between the edge of a parking lot and an adjacent property, where there is no intervening public right-of-way Retail Uses-F Requirement of one space per 300 square feet ofi floor area (not including storage  10-7-9. Parking lots--screening.  10-7-10 Off-Site Parking Requirement Matrix  areas)  Article 12-Definitions:  Retailstores. Buildings for display and sale of merchandise at retail and/or for the rendering of personal services for individual consumers, for use and consumption by the purchaser, not for resale. Examples to serve as illustrations include drugstore, food store, candy shop, milk dispensary, dry goods and notions store, antique store, gift shop, hardware store, appliance store, furniture store,  florist, and hair salon. Adjacent Parcel List: Parcel 14-A-61 14-A-61D 15-3-A1 15-3-C3 15-A-8 15-A-8C 15-A-8D 15-A-8E 15-A-8G 15-A-8H 15-A-9 15-A-9A 15-A-11  Owners  Acreage / Current Use 127.1A Acres /S Single Family Home, Outbuildings, Timber & Open Land 11.7 Acres /Single Family Home, Outbuildings, Timber & Open Land 103 Acres /Single Family Home, Outbuildings, Timber & Open Land 7.5Acres/Open Land 1.5A Acres/Timber  Elam R. & Rebecca H. Stoltzfus Angie Elder Hall Sandra Scruggs Nancy Carol Adams Wesley Hamlett Elam L. & Emma S. Stoltzfus Elam R. & Rebecca H. Stoltzfus Elam R. & Rebecca H. Stoltzfus Elam L. & Emma S. Stoltzfus Elam L. & Emma S. Stoltzfus Elam L. & Emma S. Stoltzfus Elaml L. & Emma S. Stoltzfus Southside Produce. Auction, LLC Gilbert P. & Vera D. Hamlett  SAcres/Outbuidings & Open Land 44.5. Acres Single Family Home, Outbuildings, Timber & Open Land 6.5A Acres /Single Family Home, Outbuildings, & Open Land 1.3Acres /Timber 1.5 Acres /Vacant (Near Adjacent) 31.4 Acres /S Single Family Home, Outbuildings, & Open Land 5.9A Acres/Vacant 5.24 Acres/P Produce Auction Facility 87.5 Acres/Timber & Open Land    CUP Application Considerations:  Issues to be considered when reviewing a conditional use permit applications per Zoning Ordinance  Section 2-8-7.6:  a) Whether the proposed use is consistent with the comprehensive plan.  b) Whether the impacts of the proposed use on surrounding properties and public facilities, services, and infrastructure will be adequately mitigated so as to protect adjacent owners and the general c) The compatibility oft the proposed use with other existing, planned, or proposed uses ini the d) The timing and phasing of the proposed development and the duration of the proposed use. e) Whether the proposed use will result in the preservation or destruction, loss or damage of any significant topographic or physical, natural, scenic, agricultural, archaeological or historic features. f) Whether the proposed use at the specified location will contribute to or promote the welfare of the g) Whether the proposed use will provide desirable employment and enlarge the tax base by encouraging economic development activities consistent with the comprenensive plan. h) The effect oft the proposed use in enhancing affordable shelter opportunities for residents of the  public.  neighborhood, and adjacent parcels.  public.  County.  Recommended Conditions  1. The applicant/owner shall adhere to all federal, state, and local laws, regulations, ordinances and permit requirements for the construction and operation ofthe proposed facility. 2. The project shall be constructed and operated in substantial compliance with the application  provided and the approved site plan.  3. Alandscaped buffer at least five (5) feet in width is required between the edge of a parking lot and the public right-of-way and between the edge of the parking lot and adjacent parcels unless existing natural screening exists on Parcel #15-A-8F that providesadequate screening as determined by the 4. The County Administrator, Building Official, Zoning Administrator, or any other parties designated by those County officials, shall be allowed to enter the property to check for compliance with the provisions of this permit, with reasonable advanced notice and subject to the security, health and  Zoning Administrator.  safety standards and regulations that apply to the project site.    5. Anyi infraction of the above-mentioned conditions may lead to a stop order and revocation of the Conditional Use Permit, ifi it bei the wishes oft the Charlotte County Board of Supervisors.  Conditional Use Permit Actions:  The Planning Commission has three options to consider. Please note the findings below are just potential findings and the Commission should incorporate any findings they deem appropriate.  Option 1-A Approval of the Application  move to recommend to the Board of Supervisor'st that Tobias Hertzler's Conditional Use Permit for a retail store, as presented, be approved with conditions, based on the following  findings:  The vision statement in the comprehensive plan includes the provision of "retail and Approval of the proposed use supports the Comprehensive Plan goal of supporting the The nature oft this business does not negativelyimpact: the rural character oft the  service establishments that meet the needs of county residents."  expansion of a diversified economy. The proposed use will help grow the local tax base.  community.  Option 2- Denial oft the Application  Imove to recommend to the Board of Supervisor's that Tobias Hertzler's Conditional Use Permit for a retail store, as presented, be denied, based on the following findings: The proposed location is not a designated area for commercial growth. The proposed use is not compatible with the rural character oft the community. The proposed use has negative impacts that cannot be mitigated.  Defer making a decision on the application until another specified meeting date  Attachments: 1) Conditional Use Permit Application 2) VDOT Entrance Permit 3) Site Maps    tee laid 011/24  Y7KE  OYCIN IRGINI  CONDITIONAL USE PERMIT APPLICATION  Charlotte County, Virginia  250 LeOGrande Avenue, Suite A, PO Box 608, Charlotte Court House, VA 23923  Phone: 434-542-5117 Fax: 434-542-5248  PROPERTY DESCRIPTION  Tax Map Parcel Number(s): A8E 439441 Vincint Store Rol  5-A-8E  Property Address (if ah E-911 address has not been assigned, provide directions to site):  Current Zoning:.  Proposed Zoning:  Current Use(s): 9Bfam  Proposed Use:  Lox80 cetai) Store  ith apprex 10o' X80 porking  Total Lot Area (Acres):546 A Does proposed use include entire propertyDJyEsIXNo  Ifno, how much will be used for proposed luse?apprey 314 9Cre  APPLICANT Name: Mailing Address: E-mail Address: Name:  TOblos AL Fertzler  lo5 Azalea Rok Charlotle GH 13923  Telephone Number(s): 433Y 08-0Pb0  PROPERTY OWNER (If different from applicant) Mailing Address: 150 Azalea Ro.  Elam  St/fzfus CCH  Telephone Number(s): E-mail Address:  1    UTILITIES Water Supply: Public Water Isv water supply_ New or/XExisting? Sewage Disposal: Public Sewer  Private Well Private Septic  Issewage disposal system! New orExisting?  APPLICANT SIGNATURES  As the Applicant, I hereby certify that this application is complete and accurate to the best of myl knowledge, and Ifreely consent to its filing. lauthorize Charlotte County officials and other authorized government agents on official business to enter the property as necessary to  process this application.  Signature: Selics Senbs Printed Name: Tobigs A Hertzkr  Date: 5-4:24  Signature: Printed Name:  Date:  OWNER SIGNATURES  As the Owner. L or Owner's Power of Attorney. - Ihereby certify that this application is complete and acçurate to the hest of my knowledge, andlf freely consent toi its filing. lauthorize Charlotte County officials and other authorized government agents on official  business to enter the property as necessary to process this application.  Signature: Ebn d  Printed    Name: flam L splhs Date: 5-4-34  Signature: bmme dfefku  Printed Name: Emma S. 54oltzfus Date: 541-24  Signature: Printed Name:  Date:  *lft there are more than three owners, please contact the County to request an additional signature page. All owners must sign the Conditional Use Permit application.  Ina accordance with the Charlotte County Zoning Ordinance, additional documents may be required before this application is considered complete. County staff can assist you in  determining spedficrequirements associated with your application.  2 5    Commonwealth Of Virginia Department Of Transportation Land Use Permit Effective Date Permitee Information Owner & Tobias N. Hertzler Address 441 Vincent Store Rd. Charlotte Courthouse Virginia 23923 Contact Tobias Hertzler Phone# 4342080060 Fax# 24 Hr#  Permit No 319-35718 Status APPROVED releases any other or permission Reinstatement Date Surety & Account Receivable Information Name Tobias N. Hertzler dba Echo Lane Construction Surety Account 3625 Surety Type Amount Obligation Amount 1,000.00 Surety Holder  This permit only grants permission to use whatever rights the Commonwealth Transportation Board and the Department of Transportation havel in the right of way and no more, and itis the obligation oft the permittee tos secure  that may be needed in ordert to perform the work.  Apr 15,2024  Expiration Date Apr 15, 2025  Your Job# Agent  Cash/Check 1,000.00 CUSTOMER  Contact Phone# Fax# 24H:#  AUTHORIZATION: Inc compliance withy your application, permission is hereby given insofar ast the Commonwealth Transportation Board right, power, and authority under sections 33.2-210;33.2- 240;33.2- -241 ofthe Code of Virginia as amended, to and/or by Land Use Permit for you toj perform the work. and or activity(s) described below:  has the  grant by Special Agreement  Location County/City/Town From Route Number 47 ToF Route! Number  Charlotte County 664  Highway Route(s) 666-Vincent From Route Name Thomas Jefferson Hwy.: To Route Name  Store Rd.  Butterwood Rd,  Work Description The permitteelagent must contact the VDOT Customer Service Center at 1-800-367-7623 a minimum of 48 hours Toi install a Low Volume Commercial Entrance tos serve a Retail Business. Sightr reviewed: and approved for use as al LVCE  priort to nitiating any excavation within 1,000f feet ofas signalized intersection and/or' VDOT ITS infrastructure.  and permit beingi issued per his instruction.. Entrance design details accompany permit. Applicant has compiled with' VA Code Section 56-265.15, Affidavit is attached. TERMS:Applicable as stated int the VDOT Land Use Permit Regulations (current edition) and/or as instructions, including but not limitedt tot the LUP-SPG and/ora agreement(s): attached hereto.  by Brian Lokker, PE  per approved plans, and/or regulatory  COMMONWEALTH IRANSPORTATION. BOARD Cdyphig  Call before you dig A Allow the required time for marking R Respect and protect the marks/flags Excavate carefully   By:  09Wn0000  C.DarylE Edwards Aent - checkbox is 1When Appendix Fc oft the Road! Design Manual  Apr 15, 2024  M  harked, bya approving thisp permit, the issuing official certifies that the entrance was designed in accordance with  FINAL INSPECTION & SURETY REQUIREMENTS: Upon completion oft the work or activity(s) authorized under Land Use Permit,  permittee shall contact the following offiçe iny writing or bye electronic communication to request final  and this release  the oft the surety obligation  for this permit. Farmville Residency Farmville VA23901 Permit No.319-35718  inspection  637 Commerce Road CharesD.Edwards@vDOT.Viginiagov  VDOT's Web Site: www.vdot. virginia.gov  Permittee Copy    a pa 32 a à 7  0 J 3 - - -  < 3   6  0  K  €  os 3  0  S -    LV-8-SL  ?    (VG9B    A:6039'58" R:600.00 IL: 69.81 C: 69.77. N79°42'""E PIN FD.   2'1  0)  ROUTE 666 VINCENT STORE F (30'R/w) PIN FD.  MARION 81 HAMLETT w.B. 21 PG.  169 D.8. #5 PG. 472 FD, PIN TAX NO. 'SrA-8  Se.  PBN E  S 5.591 ogl 6.032 Ac.  OVERHEAD  60.5 61'  FRAME HOUSE 61 FRAMÉ SHED  N.S  POWER  PIN SET  N82054's9"w  728.58"  LINE SL  REMAINING 53.705  PROPERTY ACRES  PINF FD.  'e    99  90.,  ELAM  GILBERT P.a VERA MAMLETT TAX NO. IS-A-II  20" MAPLE  ISRAEL J.a KATHERINE K, YODER o. D.B. 356 PG. 07 P.B. 12 PG. 245  2,  PIN FD,    Staff Report Lavender Solar Project Conditional Use Permit Charlotte County, Virginia Report Date: June 13,2024  Planning Commission Meeting Date: June 20, 2024  APPLICATION SUMMARY  Project: Location:  Lavendar Solar, LLC  The Project is located ini northern Charlotte County, adjacent to Thomas Jefferson Hwy (Route 47) and Tower Loop Road (Route 691) on the border of Charlotte County and Prince  Edward County. 4-A-19 and 9-A-9  Parcel Record Numbers: Proposal:  Applicant's request for a Conditional Use Permit for a five (5) megawatt (MW) solar energy facility ini the General Agriculture  District zoning district September 1, 2023 Deemed complete on September 22, 2023 Revised January 11,2024 Revised February 5, 2024 Revised May 6, 2024 Lavender Solar, LLC 19890 State Line RD Reston, Virginia 20191 Emily Weaver P.E. Kimley-Horn 703-674-1300 Elder Andrew Dalton Jr. PID 4-A-19 and 9-A-9  Application Submitted:  Applicant:  Representative:  Owners:  PLANNING COMMISSION ROLE  The Applicant has submitted a Conditional Use Permit (CUP) application for a solar energy facility. Prior to this review, the Planning Commission determined at a meeting on May 16, 2024 that the proposed facility was substantially in accord with the Charlotte County Comprehensive Plan or parts thereofpursuant to Code ofVirginia 15.2-2232. Pursuant to Section 2-8-7.7, the Planning Commission must now evaluate the merits ofthe CUP and determine if the proposed conditions sufficiently mitigate any associated impacts from thej project and meet the County's conditional planned use development criteria as set forth in the Zoning Ordinance. As part of their CUP review process, the Planning Commission will conduct aj public hearing to receive public comment on the  Page 1 of10    Staff Report - Lavender Solar Project  Conditional Use Permit Report Date: June 13, 2024  application. Following the public hearing, the Planning Commission will make ai recommendation to the Board of Supervisors to either approve or deny the CUP Application, and whether and what conditions should accompany any approval. The Planning Commission may also defer action to a  future: meeting.  PROPOSED DEVELOPMENT  The Applicant proposes to construct a five (5) megawatt (alternating current) photovoltaic solar energy generation facility. The Project is located in northern Charlotte County, adjacent to Thomas Jefferson Hwy (Route 47, a scenic byway) and Tower Loop Road (Route 691) on the border of Charlotte County and Prince Edward County. The Project is comprised of two parcels totaling approximately sixty-one (61) acres, while the Applicant's conceptual drawings show approximately fifty-three (53) acres in the Project footprint to be within the fence-line. The developed area of the Project will spani nearly the entirety ofthet two parcels except for asmall exclusion areai int thei northeast portion oft the Project which will remain undeveloped to preserve the existing residence on site. The Project infrastructure will consist primarily of solar panels, inverters pads, and above ground utility poles. The Project will interconnect to the grid via Dominion-owned transformers and utility The Applicant proposes a 75-foot setback to neighboring properties and a 125-foot setback to the state road centerline. The proposed setback areas will include a 25-foot vegetative buffer (consisting of existing and future growth provided by the Applicant). Thej proposed buffer will consist ofundisturbed existing forested areas, proposed native evergreen trees, proposed native pollinator plants, and proposed shrubs with consultation with County staff and VA-DEQ. In order to ensure that the character of the area and viewsheds are protected from Tower Loop Road and Thomas Jefferson Highway/Route 47, a scenic byway, Staffi is recommending through conditions that the proposed 25- foot buffer along Tower Loop Road be increased to 100', allowing only the proposed site ingress/egress, and that the site ingress/egress to Thomas Jefferson Highway/Route 47 be eliminated and that no project components, work, or disturbance be conducted within 400' ofThomas Jefferson Highway/Route 47, except that which is minimally necessary to execute the project point of The Applicant will provide a 400' setback from any existing off-site residential structures and all Project fence lines would be ai minimum of75' from the property lines of parcels not in the Project.  distribution.  interconnection.  EXISTING CONDITIONS AND ZONING  The Parcels within the Project area are currently zoned General Agricultural and are identified as Agricultural, Forestry, and Rural Areas on the Future Land Use Map. The Project area is entirely Thel Project site includes areas ofsteep slopes exceeding 15% andt the Applicant has provided darevised site plan to avoid development of these areas. Generally, through conditions, the County precludes developed of slopes greater than 15%. A portion ofl Moores Branch is located on the Project site, as well as another wetland resource in the northern portion ofthe Project site; plans indicate that limits  forested.  ofwork will be offset 100' from the limits oft the delineated wetlands and streams.  Page 2 of10    Staff Report-Lavender: Solar Project  Conditional Usel Permit Report Date: June 13,2024  According to the Application and Department of Conservation and Recreation's (DCR) ConserveVirginia data, there is a known historic and scenic resource within the Project limits: Mt. Lyle Cemetery; an investigation ofthe cemetery was conducted by Chronicle Heritage and completed in March 2024 and a report on the conclusions of this investigation are included as part of the Application. Additionally, structural remains were also identified as being located on the property which were the subject ofas separate archaeological survey also performed by Chronical Heritage, this Portions ofthe area are designated as having Very High and High Forest Conservation and Watershed Regarding the value ofagricultural soils, the Applicant will avoid modifying grades where practicable, existing farm roads will be utilized, equipment to lessen compaction will be used, and topsoil will be  report is also included as part ofthe Application.  Impact values ranking Highest to Medium impact by DCR.  preserved to replace after construction. ADJACENT AND SURROUNDING USES  The areas surrounding the proposed Project area share the same land use and zoning characteristics Based on the County GIS, the proposed Project shows some: residential structures near the proposed solar arrays. The Plans include buffers and setbacks to mitigate any visual impact associated with the Project. Additionally, the Project area completely encloses an existing cemetery on an adjacent  - rural, agricultural, forestry uses = as well as the same land use classifications.  parcel.  COMPREHENSIVE PLAN CITATIONS  Based upon the previous determination under Virginia Code Section 15.2-2232(A) that the general or approximate location, character, and extent of the proposed facility is substantially in accord with the County's Comprehensive Plan, citations to applicable sections ofthe Comprehensive Plan have not been included within this report. As noted above, the Planning Commission previously determined that the project is in accord with the Comprehensive Plan, citing the following reasons: 1. The Project parcels are zoned General Agricultural which may permit the proposed use.  2. The location is more than 61 miles from the nearest town boundary. 3. The facility generates alternative, clean energy. 4. The facility will require minimal county services to operate.  5. The proposed Project involves a small part oft the total ag/forestal land in the County.  ZONING ORDINANCE PROVISIONS  The Zoning Ordinance was adopted November 4, 2014, and was last amended October 10, 2023. The Ordinance includes the following sections and provisions applicable to solar facilities and their  review:  Article XII, Definitions, defines three types of solar energy systems:  Page 3 of10    Staff Report-Lavender Solar Project  Conditional Use Permit Report Date: June 13, 2024  Solar energy system, large. A solar energy conversion system that has ai maximum power ofnot more than 999 kW. Large solar energy systems are generally used to reduce onsite consumption ofutility power for commercial and industrial applications. (Adopted Solar energy system, small. A solar energy conversion system that has ai maximum power ofnot more than 151 kW. Small solar energy systems are, generally used to reduce onsite consumption ofutility power for residential, noncommercial, small commercial, and small industrial applications. (Adopted July 12, 2016. Amended October 9, 2018.) Solar energy system, utility. scale. A solar energy conversion system which has ai rated capacity ofone megawatt (1 MW) or greater. Utility Scale Solar Energy Systems are generally used to provide electricity to a utility provider. (Adopted July 12, 2016.  July 12, 2016. Amended October 9, 2018.)  Amended October 9, 2018.)  Article II, Administration, Sec. 2-8-5., Public facilities review ("2232"), describes the requirement for evaluating aj public utility application to confirm substantial accordance with the Article IX, Use Matrix, identifies use types, whether they are allowed in a particular zoning district, and, ifallowed, whether by-right or only with the issuance ofa conditional use permit:  Comprehensive Plan.  the following uses for solar energy systems:  Solar energy system, small, is allowed "By-Right" in all five oft the County's zoning Solar energy system, large, is allowed only in the General Agriculture, Intensive Agriculture, and General Industrial zoning districts and only with a "Conditional Use Solar energy system, utility scale, is allowed only in the General Agriculture, Intensive Agriculture, and General Industrial zoning districts and only with a "Conditional Use  districts. Permit." Permit.."  Article X, Supplementary Regulations, Sec. 10-23, Solar Energy Systems. (Adopted July 12, 2016, Amended October 9, 2018; June 8, 2020; July 13, 2020, and September 13, 2021), provided specific regulations for the solar energy system use, summarized as follows:  10-23.1. Utility scale solar energy systems shall be considered a principal use. However, an existing use or an existing structure on the same lot shall not preclude the installation 10-23.2. All Solar Energy System components shall conform to the requirements ofthe 10-23-3. Solar Energy System components shall have a UL listing, must be designed with 10-23-4. Utility Scale Solar Energy Systems shall not be located within one (1) mile ofan existing town boundary; the Board of Supervisors may approve a Utility Scale Solar Energy System location closer than (1) mile to an existing town boundary and establish the permitted distance from such system to an existing town boundary, provided that no  ofa Utility Scale Solar Energy System on such lot. National Electrical Code and State Building Code.  an anti-reflective coating, and must be installed to prevent glare.  Page 4 of10    Staff Report -Lavender Solar Project  Conditional Use Permit Report Date: June 13,2024  project is approved closer than one (1) mile to the' Town of Keysville, or closer than one- half(1/2) mile to the Towns or Phenix, Charlotte Court House, or Drakes Branch. 10-23-5. Absent specific authorization by the Board of Supervisors, no more than three percent (3%) oft the land area in any given five-mile radius shall be approved for use as thej project area for Utility-Scale Solar Energy Systems. The project area for a Utility- Scale Solar Energy System shall consist oft the entire fenced-in area and the required 10-23-6. Unless otherwise prescribed by the Board of Supervisors, Utility Scale Solar Energy Systems shall conform to the following setbacks: ai minimum setback of1 125 feet from the center line ofa any state maintained road abutting thej property; a minimum setback of75 feet from all other property lines with the exception oft those property lines that are inside the project's boundaries and which do not abut property located outside the project area; and ai minimum of 400' from all off-site residential structures. 10-23-7. Solar Energy Systems & equipment shall not exceed twenty-five (25) feet in 10-23-9. No Utility Scale Solar Energy System shall bei installed until evidence has been provided to the County that the owner has been approved by the utility company to 10-23-10. Utility Scale Solar Energy Systems shall be enclosed by security fencing not less than six (6) feet in height equipped with an appropriate anti-climbing device. The entire facility, including fencing, shall be screened from ground-level view of adjacent properties by al landscaped buffer zone atl least 25 feet wide consisting of an evergreen and deciduous mix. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In the event that existing vegetation or landforms providing screening are disturbed, new plantings shall be provided which 10-23-11. During operations, noise levels measured at the property line shall not exceed 10-23-12. Appropriate warning signage and a 911 address sign shall be posted. 10-23-13. Weed control and mowing shall bej performed in accordance with an approved 10-23-14. Panels shall be repaired or replaced when in visible disrepair. 10-23-15.A Applications for Utility Scale Solar Energy Systems shall includea decommissioning plan with all the items specified in the section. 10-23-16. Applications for Utility Scale Solar Energy Systems shall include all thei items 10-23-17.. A 2232 review by the County is required by the Code of Virginia ($15.2-2232) Article II, Administration, Sec. 2-8-7, Conditional use permit, establishes the procedures and standards for consideration of conditional use permit applications. Section 2-8-7.6, Criteria for consideration, as follows, establish the specific factors that must be considered in the  landscaped buffer zone.  height.  10-23-8. Lighting shall bel limited to the minimum necessary.  interconnect.  accomplish the same. 50dbA.  site management plan.  specified in the section. for utility-scale solar facilities.  consideration of conditional use permits:  Inc considering a conditional use permit application, the following factors must be considered. The applicant must address these factors in the statement ofjustification. The applicant may  Page 5 of10    Staff Report- -Lavender Solar Project  Conditional Usel Permit Report Date: June 13, 2024  also include information on other relevant issues and the Planning Commission and Board of Supervisors may consider other relevant issues in evaluating the application. a) Whether the proposed usei is consistent with the comprehensive plan.  b) Whether the impacts oft the proposed use on surrounding properties and public facilities, services, and infrastructure will be adequately mitigated sO as to protect adjacent owners c) The compatibility oft the proposed use with other existing, planned, or proposed uses in d) The timing and phasing oft the proposed development and the duration oft the proposed e) Whether the proposed use will result in the preservation or destruction, loss or damage of any significant topographic or physical, natural, scenic, agricultural, archaeological or Whether the proposed use at the specified location will contribute to or promote the g) Whether the proposed use will provide desirable employment and enlarge the tax base by encouraging economic development activities consistent with the comprehensive plan. h) The effect ofthe proposed use in enhancing affordable shelter opportunities for residents  and the general public.  ther neighborhood, and adjacent parcels.  use.  historic features. welfare oft the public.  ofthe County.  STAFF REVIEW AND COMMENTS  Staffhas reviewed the subject Application pursuant to Section 2-8-7, Conditional use permit, oft the County's Zoning Ordinance, and specifically Section 2-8-7.4, Planning commission review and action, with respect to whether the application complies with the conditional use provisions in the particular district, the criteria in Sec. 2-8-7.6, and the comprehensive plan, including verification that the use is specifically authorized within the district. Please consider the following: Compliance with Conditional Use Provisions in a Particular District  Thej proposed use is not subject to specific use provisions in the General Agricultural District  zoning districts.  Verification that the Usei is Specifically Authorized within the District  The use is allowed in the General Agriculture District zoning district with the issuance ofa conditional use permit, subject to supplementary regulations, pursuant to Sec. 10-23, Solar Energy Systems. It is important to note that the project does not comply with the density limits established under Section 10-23-5, Density, without specific authorization by the Board of Supervisors. Based on updated information provided by the Applicant, itis understood that the approved Tall Pines, County Line, Gibson, and Austin Goldman V projects are within a five-mile radius of the project and that the total fenced acreage for utility-scale solar facility development within the 5-mile radius oft the Project site: is 2,299.63 As considered in the 2232 review for the Project, the applicable policy oft the Comprehensive Plan indicates that facility density within a 5-mile radius may bei increased "when  acres or 4.57%, exceeding the 3% limit without Board authorization.  Page 6of10    Staff Report -Lavender Solar Project  Conditional Use Permit Report Date: June 13, 2024  determined to be warranted based upon identified benefits to the County,' ," to which the Planning Commission found the Project to be in substantial accordance. Additionally, per Sec. 10-23, the Board of Supervisors is authorized to approve a more dense development "under circumstances deemed appropriate by the Board." In their eventual review, the Board ofSupervisors should consider under what circumstances this increase in density would be deemed appropriate, and whether additional conditions may or may not be necessary. Proposed development and/or modification of grades ofi 15% orl higher are generally precluded through standard conditions that prioritize avoidance of steep slopes. The scope and manner ofdevelopment with respect to these areas of steep slopes is not entirely clear, nor isi it apparent that the development of these areas is necessary and cannot therefore be avoided altogether. Staff would encourage input from the Applicant with respect to the  standard condition.  CUP Criteria for Consideration: Comprehensive Plan  a) Whether the proposed use is consistent with the comprehensive plan.  As noted, the general or approximate location, character, and extent of the proposed facility was previously determined by the Planning Commission to be substantially in accord with the County's Comprehensive Plan pursuant to Virginia Code Section 15.2- 2232(A). There have been no changes to the application to warrant reconsideration of b) Whether the impacts ofthe proposed use on surrounding properties and public facilities, services, and infrastructure will be adequately mitigated. sO as to protect Staff is ofthe opinion that the proposed use will havei impacts on Mt. Lyle Cemetery and frontages ofTower Loop Road and Thomas Jefferson Highway/Route 47 that necessitate conditions to mitigate these impacts and protect adjacent owners and the general public. Further, disposal ofs site debris and damaged equipment warrant conditions to ensure proper disposal plans and methods to protect the general public. With respect to Mt. Lyle Cemetery, recommended conditions include increasing the Applicant's proposed buffer from the Cemetery parcel to 75' to align with the setback, requiring the fencing to be located no closer than 75' and toi incorporate wood or some other contextually appropriate material, and to widen the walking path corridor to a With respect to impacts to Tower Loop Road and Thomas Jefferson Highway/Route 47, as noted above, Staffi is recommending through conditions that the proposed 25- foot buffer along Tower Loop Road be increased to 100', allowing only the proposed site ingress/egress, and that the site ingress/egress to' Thomas Jefferson Highway/Route 471 be eliminated and that no project components, work, or disturbance be conducted within 400' ofThomas Jefferson Highway/Route 47, except that which is minimally  this determination.  adjacent owners and the general public.  width of at least 50'.  necessary to execute the project point ofinterconnection.  Page 7 of10    Staff Report-Lavender Solar) Project  Conditional Use Permit Report Date: June 13, 2024  c) The compatibility ofthe proposed use with other existing, planned, or proposed uses in  the neighborhood, and adjacent parcels.  Similar to the above, Staffi is of the opinion that the proposed use will have impacts on Mt. Lyle Cemetery, Tower Loop Road, and Thomas Jefferson Highway/Route 47 that necessitate conditions to ensure the compatibility oft the proposed use with other existing, planned, or proposed uses in the neighborhood, and adjacent parcels. d) The timing and phasing ofthe proposed development and the duration of the proposed  use.  With respect to the duration oft the proposed use, the Project is expected to be operational for up to 35 to 50 years. The. Application indicates that construction oft the Staffis oft the opinion that with the imposition ofr reasonable conditions the duration and timing oft the development phase will not have significant negative impacts on abutting properties nor on the general welfare oft the public in the immediate area oft the e) Whether the proposed use will result in the preservation or destruction, loss or damage ofany significant topographic or physical, natural, scenic, agricultural, archaeological As noted, the facility will envelop the Mt. Lyle Cemetery site located on a separate parcel, while other potentially historical features on the site were reported to not warrant protection. Staffisoft the opinion that conditions are necessary to ensure the A Whether the proposed use at thespecified location will contribute to or promote the  facility will take approximately 61 to 12 months.  Project, as well as on: infrastructure in this area.  or historic features.  protection and preservation of the Mt. Lyle Cemetery site.  welfare of the public.  Staffis ofthe opinion that the proposed facility at the specified location will minimally contribute to or promote the welfare oft the public based upon economic and tax returns. Perhaps more: importantly, Staffis ofthe opinion that with reasonable conditions, the proposed facility at the specified location will not negatively impact the welfare ofthe g) Whether the proposed use will provide desirable employment and enlarge the tax base byencouraging economic development activities consistent with the comprehensive As part oft the 2232 review, Staff1 had noted that the Applicant largely points to the economic benefits associated with the energy to be generated from the facility. Staff further offer the opinion that the facility will have minimal positive short- and long- term employment impacts. As a supplement, the Applicant has provided an Economic & Fiscal Contribution to Charlotte County, Virginia report prepared by Mangum  public.  plan.  Economics. The report summarizes that:  Page 8 of10    Staff Report-Lavender Solar Project  Conditional Usel Permit Report Date: June 13,2024  Thej project would employ approximately 25 full-time equivalent construction workers, with a footnote indicated that "for ease of explication the analysis is modeled based on: full-time equivalent jobs over a 12-month period. Actual construction is anticipated to take approximately five months with approximately 60 construction workers, which is equivalent to 25 full-time During the construction phase, economic impact would support approximately 1direct, indirect, andi induced job, $24,300 is associated wages and benefits, The project, during the construction phase, would result in $19,800 of state and county tax revenue, and $500,000 in cumulative county revenue over the  workers."  and $100,000 in economic output. anticipated 40-year operational life.  Generally, these findings align with Staff's opinion that:  Utility-scale solar facilities create very few, ifany, long term jobs, and that the primary benefit in terms of employment is during the active construction There are some economic benefits in the short term (e.g., food & lodging); The Project will provide limited employment opportunities, for a short-term; Beyond tax and other payments derived directly from the Project, Staffis not of the opinion that the Project will, in the long term, "enlarge thei tax base by  period; and  encouraging economic development activities."  h) The effect of the proposed use in enhancing affordable shelter opportunities) for  residents ofthe County.  Staffis oft the opinion that the proposed use will have no effect with respect to  affordable shelter opportunities for residents oft the County.  STAFF RECOMMENDATION  Based upon the above review, and principally due to the above analysis, Staffrecommends: approval ofthe Application with conditions (see recommended conditions as. Attachment 3).  DRAFT PLANNING COMMISSION ACTIONS  Staff Recommendation - Option 1-1 Recommend Approval with Conditions Staff Note: The conditions provided as Attachment 3 are preliminary, and it would be expected that conditions as ultimately recommended would need to be refined and informed by information received during the public hearing, and input from the Planning Commission. Imove to recommend to the Board of Supervisor's that Lavender Solar, LLC's Conditional Use Permit for aj proposed 5-megawatt solar energy generation facility, as presented, be approved with  conditions, to ensure consistency with the following findings:  Page 9 of10    Staff Report-Lavender Solar Project  Conditional Use Permit Report Date: June 13, 2024  1. While the proposed use exceeds the maximum density allowed under Section 10-23-6 ofthe County's Zoning Ordinance, thel Board of Supervisors should authorize an increase in this 2. Thej proposed use is consistent with the comprehensive plan, compatible with other existing, planned, or proposed uses, and is not detrimental to the public welfare; and 3. While the proposed use impacts surrounding properties, including the Mt. Lyle Cemetery,  instance, deeming such increase appropriate;  proposed conditions mitigate such impacts.  Conditions recommended by the Commission are as follows: see. Attachment. 3  Option 2-1 Deferral of the application  Imove that the Planning Commission defer issuance ofai recommendation on Lavender Solar, LLC's Conditional Use Permit for aj proposed 5-megawatt solar energy generation facility until the  Planning Commission meeting scheduled to begin at  p.m. on  in the Board of Supervisors meeting room.  Option 3-) Recommend Denial  Imove to recommend to thel Board of Supervisor's that Lavender Solar, LLC's Conditional Use Permit for a proposed 5-megawatt solar energy generation facility, as presented, be denied; among 1. While the usei is authorized in the district with a conditional use permit, the proposed use exceeds the maximum density allowed under Section 10-23-6 oft the County's Zoning Ordinance; an increase ofdensity is not warranted, and will result in negative impacts to the 2. The Project does not ensure the optimal and balanced use of Charlotte County's land and 3. Based on the location and design, impacts of the proposed use on the Mt. Lyle Cemetery  other concerns, the Planning Commission finds the following:  surrounding area and the welfare oft the public;  natural resources; and  cannot be appropriately mitigated.  Attachments:  Attachment 1 -I Lavender Project Application Attachment 2 - Supplemental Information Attachment 3 - Recommended Conditions  Page 10 of10    Lavender Solar 6/13/2024  Staff Recommended Conditions  1. The Applicant shall develop, construct, operate, and maintain the site in substantial conformance with the conceptual plans (titled "Preliminary Site Plan, Lavender Solar," plan sheets EX-1 thru EX-2, dated May 3, 2024), inclusive oft the Application Amendment dated "Submitted May 6, 2024", all assurances and commitments made within the Application materials, and the conditions imposed on the issued conditional use permit, as determined by the Zoning Administrator. Substantial conformance will be determined by the. Zoning Administrator based on his/her review ofthe record. Deviations determined not tol be in substantial conformance with the conceptual plans shall require review and approval as an amendment to the conditional use permit, following the process for the granting ofa conditional use permit. As used ini these conditions, the term "Applicant" shall include thet terms "Applicant, Owner, Developer, or Operator," and the successors and assigns thereof, and the term "Zoning Administrator" shall include the designee oft the Zoning Administrator. 2. Project capacity shall be limited to a maximum of5N MW.  3. The density of the project shall bel limited to a maximum of4.57% within any given 5- mile radius, regulated in the: manner outlined in Section 10-23-5, Density, oft the County's Zoning Ordinance, except that this density may be increased consistent with the 4. The active developed area oft the site, within the fenceline, shall bel limited to 53 acres, provided that this areai may bei increased by up to 10%1 based upon design changes reflected in the final site plan; inverters, along with panels, shall be within the fenceline. 5. The project, as presented, does not include battery energy storage systems; the addition of battery energy storage shall require amendment oft this conditional use permit. 6. The. Applicant shall give the County written notice ofa any change in ownership or entities responsible for operations or asset management oft the project within thirty (30) days after 7. Prior to or in conjunction with site plan review, the. PPicanvownerDevecpe shall submit details on the utility connections between noncontiguous portions oft the project, including secured easements, to the Zoning Administrator for approval. Approval ofthe site plan or subsequent permits shall not be granted without prior approval ofthese connections by the Zoning Administrator, or without the existence of executed easements 8. Toaccommodate wildlife crossing oft the site, the Applicant shall refer to the Virginia Department of Wildlife Resources Commission's most recent Solar Energy Facility Guidance in the design oft the site plan, working with the Zoning Administrator to meet  allowances ofCondition #4.  the change.  for the connections.  the intent, ift not the letter oft the Guidance.    Lavender Solar 6/13/2024  Staff Recommended Conditions  9. Setbacks shall be as required by the County's Zoning Ordinance, except where proposed within the application and conceptual plans, or these conditions, to be greater. There shall bei no setbacks between internal lot lines between parcels in the project area. a. With the exception of components associated with the project point of interconnection, no project components, to includes roads or fencing, shall be located within 400' ofThomas Jefferson Highway/Route 47.  10. As depicted on the conceptual plans, there is a required buffer from all wetlands (including creeks and streams depicted on the conceptual plans, measured from the edge oft the resource) of100 feet. Such buffer shall be undisturbed except as specifically 11.A All required buffers shall be comprised of existing natural vegetation. Where gaps in existing natural vegetation within ai required buffer area: require supplemental plantings to facilitate effective screening or ini the event existing vegetation or landforms providing the screening are disturbed, the Zoning Administrator may, in connection with building permit review and approval, require buffers to be supplemented with additional plantings ofnative and/or pollinator species where compatible with site conditions. Supplemental plantings oftrees (approximately six (6) feet inl height and 2.5 inches in caliper at time of planting) and shrubs shall bei installed as required by the Zoning Administrator. A staggered double row oftrees/shrubs will be planted on 10-foot centers in the exterior 25 feet oft the screening area. Tree and shrub seedlings shall be planted in the remaining screening area. Buffer plantings, both existing and supplemental planting, shall be maintained in good health to ensure sufficiency oft the screening, as determined by the Zoning Administrator; damaged or deceased plant materials shall be replaced within a reasonable time, dictated by best practices, as determined by the. Zoning Administrator. a. Thej proposed buffer along the Tower Loop Road property line shall be increased from 25' to 100', allowing only thej proposed site ingress/egress. b. With the exception ofi minimal necessary disturbance to execute the project point ofinterconnection, there shall be no project work or disturbance within 400' of  authorized based upon the Concept Plan.  Thomas Jefferson Highway/Route 47.  12. Tax Map Parcel No. 4-A-18 shall be undisturbed except as specifically authorized based upon the Concept Plan and with the express permission oft the owners oft the parcel. There shall be a shared 75' setback and undisturbed buffer from thej property lines of parcel 4- A-18, except where a walking path to the parcel will be provided. Fencing shall be located outside ofthe 75' setback/buffer and such fencing shall be finished on thei interior facing parcel 4-A-18 with wood or some other contextually appropriate material as approved by the Zoning Administrator. Access to the cemetery will bej provided by a 20' gravel access road and an approximately 300' walking path within parcel 4-A-19 (owned by Andrew Elder) to the edge oft the Cemetery Parcel boundary; such walking path shall be within a corridor at least 50' wide between the fenceline, with the fenceline finished    Lavender Solar 6/13/2024  Staff Recommended Conditions  on the interior facing the path with wood or some other contextually appropriate material as approved by the Zoning Administrator, and with appropriate landscaping between the path and the fenceline. The project shall comply with all recommendations and/or requirements ofs state agencies with respect to the treatment, protection, and preservation ofthe cemetery. Further, the owner/operator ofthe facility shall comply with all access 13.As separate security shall be posted for the ongoing maintenance of the project's land cover and vegetative buffers in an amount deemed sufficient by the Zoning Administrator as set forth on Schedule A attached hereto and provided by an issuer in a form and amount acceptable to the Zoning Administrator (who may rely on the opinion ofai third- party). For areas of project parcels to remain undeveloped and which are forested, prior to approval ofthe certificate of occupancy (or equivalent) the Applicant shall submit a forest management plan outlining how these areas will be actively managed by the Applicant during the operation oft the facility consistent with best practices to limit the 14. As part oft the site plan review, the Applicant shall be required to submit a construction managemenlconsrnuction mitigation plan, to be reviewed and approved by the Zoning Administrator. At a minimum this plan shall address and/or include: a. As schedule for two (2) public open houses prior to the commencement of b. Traffic control methods for all public roads to be used for ingress/egress (in coordination with the VDOT prior to initiation of construction) shall include, at a minimum, plans and procedures for lane closures, signage, and flagging. Construction traffic shall bej prohibited from accessing the site directly from d. Coordination with VDOT prior toi initiation of construction on the appropriateness: ofthe speed limit on any public access road and support a speed limit reduction, if Site access planning, including procedures for directing and coordinating employee and delivery traffic. Construction Traffic shall be limited to 7:00 am to 9:00 pm, Monday through Saturday, or as may be approved by the County Administrator upon good cause shown by the. Applicant. &. Lighting; during construction ofthe facility, any temporary construction lighting shall be positioned downward, inward, and shielded to eliminate glare from all adjacent properties. Emergency and/or safety lighting shall be exempt from this h. Hours of construction. No construction shall occur before 1:00pm on Sundays. Driving of posts shall bel limited to 7:00 am to 6:00 pm, Monday through Saturday. Driving of posts shall be prohibited on Sundays and on state and federal holidays. The. Applicant may request permission from the County Administrator to conduct post driving activity on Sunday, but such permission will be granted or  requirements stipulated by $ 57-27.1 of the Code of Virginia.  wildfire risk.  construction activities.  Thomas Jefferson Highway/Route 47.  necessary.  f. Site security.  construction lighting condition.    Lavender Solar 6/13/2024  Staff Recommended Conditions  denied at the sole discretion ofthe County Administrator, after consulting with  the Board of Supervisors. Mitigation of dust. Mitigation ofburning operations.  k. Plans for staging and storage ofr materials and parking. During construction, the setback may be used for staging ofr materials and parking. No material and equipment laydown area, construction staging area, or construction trailer shall be located within 200 feet ofa any property containing ai residential dwelling. Debris and materials to be disposed shall bet transferred directly to an approved disposal site unless otherwise approved by the Board of Supervisors in  accordance with the County'ss solid waste ordinance  15. The Applicant shall submit a Construction Traffic Management Plan (CTMP) to include entrances and comply with all Virginia Department ofTransportation conditions for the traffic management plan during construction and decommissioning of the Solar Facility. 16. Vehiculari ingress/egress to the site during construction, operation, and decommissioning shall be prohibited directly from Thomas Jefferson Highway/Route 47 and the interior 17.7 The Applicant shall be responsible for repairing any damage to roadways occurring during developmemt/constnuction or following commissioning oft the project, or any portion thereof. Prior to the commencement of development/comstinuction activities, the County and the. Applicant shall agree to the existing state ofa applicable roadways, tol be documented by video furnished by the Applicant in coordination with the County, or by the County with costs assumed by the Applicant. During developmenlconsinuction, the roadways shall be monitored for damage, and the Applicant, once notified by the County of damages, shall make repairs caused by construction traffic at the direction ofthe County Administrator. After construction activities are completed, the roadways will be evaluated for damage as measured against the condition prior to construction activity; the Applicant will bei required to restore such roadways to equivalent or better condition as 18. Prior to approval oft the site plan and commencement of construction, the Applicant shall provide al bond or other security, in a form and amount acceptable to the Zoning Administrator (who may rely on the opinion of a third-party) as set forth on Schedule. A attached hereto, to cover 100% oft the estimated costs of anticipated pre-construction improvements to be made to the public roads and/or public rights-of-way along the delivery routes, as well as the anticipated cost ofrepairs to bei necessary during development. After pre-construction improvements have been completed, the amount of the bond/security shall bei reduced equivalent to the costs oft the pre-construction  drive shall not connect to Thomas Jefferson Highway/Route 47.  existed prior to commencement of construction activity.  improvements.  19. The Applicant shall coordinate with the County's Sheriff Department prior to initiation of  construction on speed monitoring plans and devices.    Lavender Solar 6/13/2024  Staff Recommended Conditions  20. As part of the site plan review, the Applam/ownerDevalopet shall be required to submit a grading plan, to be reviewed and approved by the Zoning Administrator. A bond or other security, from an issuer and in a: form approved by the Zoning Administrator, will bej posted for the grading operations. The Project shall be constructed in compliance  with the Grading Plan. At a minimum this plan shall address: a. Clearly show existing and proposed contours;  b. Note the locations and amounts oft topsoil tol be removed (ifany) and the percent of Limit grading to the greatest extent practicable, and except as may bei necessary to accommodate anticipated and required stormwater management, by avoiding d. An earthwork balance will be achieved on-site with no import or export ofsoil except fori importing specific quality soils required for construction. Excavated materials may be used for landscaping, berming/screening, or similar, or may otherwise be Ina areas proposed to bej permanent access roads which will receive gravel or in any areas where more than a few inches of cut are required, topsoil will first be stripped and stockpiled on-site to be used to increase the fertility of areas intended to be Take advantage ofr natural flow patterns in drainage design and keep the amount of impervious surface as low as possible to reduce storm water storage needs. g. Provide for the installation of all stormwater and erosion and sediment control infrastructure ("Stormwater Infrastructure") at the outset of the project to ensure protection of water quality. Once all Stormwater Infrastructure is complete and approved by the VESCP authority, no more than 500 acres oft the land disturbance areas as reflected on the Site Plan shall be disturbed without soil stabilization at any one time. Stabilization, for purposes of erosion and sediment control, shall mean the application ofs seed and straw to disturbed areas, which shall be determined by the  the site to be graded;  development of steep slopes (those greater than 15%);  stockpiled on site and stabilized;  seeded;  VESCP authority.  21.The. Applicant shall coordinate with state and federal agencies to avoid or limit impacts to the maximum extent practicable to any state and federally listed threatened and endangered species that may occur and have suitable habitats in the project area. 22. The Erosion and Sediment Control plan shall comply with the most recent version of the Virginia Erosion and Sediment Control Handbook at the time of construction. The County will have a third-party review with corrections completed prior to the County review and approval. The owner or operator shall construct, maintain, and operate the project in compliance with the approved plan. An E&S bond (or other security) will shall bej posted for the construction portion oft the project, to bej provided by an issuer in a form and amount acceptable to the Zoning Administrator (who may rely on the opinion ofa  third-party) as set forth on Schedule A attached hereto.    Lavender Solar 6/13/2024  Staff Recommended Conditions  a. To the maximum extent practicable, trees and stumps removed during the course of development shall be mulched on site, with such mulch to be used to mitigate and b. To the maximum extent practicable, topsoil from the site should be maintained on site for areas were grading occurs that exposes unsuitable soils where erosion and sediment control vegetation will not take; soil analysis shall be performed to assess  control stormwater runoffduring construction.  the adequate seed mix for exposed soils.  23. The stormwater control plan shall comply with the most recent State policies and regulations at the time of design and construction. The County will have a third-party review with corrections completed prior to submittal for DEQ review and approval. The owner or operator shall construct, maintain, and operate the project in compliance with the approved plan. A storm water control bond (or other security) provided by an issuer in a form and amount acceptable to the Zoning Administrator (who may rely on the opinion of a third-party) shall be posted as set forth on Schedule A attached hereto. 24. Ground cover shall bei native vegetation where compatible with site conditions and, in all cases, shall be approved by the Zoning Administrator, who may rely on the assistance of 25. Only EPA approved herbicides shall be used for vegetative and weed control at the solar energy facility by al licensed applicator. No herbicides shall be used within 150: feet ofthe location ofa an approved ground water well. The Applicant shall submit an herbicide land application plan prior to approval oft the certificate of occupancy (or equivalent). The plan shall specify the type ofherbicides tol be used, the frequency ofland application, the identification of approved groundwater wells, wetlands, streams, and the distances from land application areas to features such as wells, wetlands, streams, and other bodies of water. The operator shall notify the County prior to application of pesticides and fertilizers. The County reserves the right to request soil and water testing. 26. For permanent security fencing, a performance bond reflecting the costs anticipated for fence maintenance shall bej posted as set forth on Schedule A attached hereto, provided by an issuer in a form and amount acceptable to the Zoning Administrator (who may rely 27. No fence or similar barrier shall cross the main channel of any stream or through a 28. Permanent entrance roads and parking areas, as designated in the building permit application, will be stabilized with gravel, asphalt, or concrete to minimize dust, and impacts to adjacent properties. Roads internal to the site that are not part ofi ingress/egress  at third-party reviewer.  on the opinion of a third-party).  wetland flagged by County staff on a site plan.  to the site may be compacted dirt.    Lavender Solar 6/13/2024  Staff Recommended Conditions  29. All physically damaged panels or any portion or debris thereof shall be collected by the solar facility operator and removed from the site and transferred directly to an approved 30. The Applicant shall provide al bank letter of credit or a surety bond as a means of assuring payment of decommissioning costs as set forth on Schedule A attached hereto, provided by an issuer in a form and amount acceptable to the Zoning Administrator (who may rely on the opinion ofa third-party). The letter or bond shall include language that failure to renew the current commitment, or provide a new guarantor acceptable to the County, at least ninety days prior to the termination date oft the current commitment, will constitute an event of default. Ifthe County receives notice or reasonably believes that any form of security has been revoked or the County receives notice that any security may be revoked, the County may revoke the Conditional Use Permit and shall be entitled to take 31.The Applicant shall submit a final Dccommissioning Plan to the County for approval in conjunction with the building permit. The. Applicant shall reimburse the County's reasonable costs for an independent review and analysis by al licensed engineer oft the initial decommissioning cost estimates. The Applicant will update the decommissioning costs estimate every five (5) years and reimburse the County's reasonable costs for an independent review and analysis by a licensed engineer of each decommissioning cost 32. Upon decommissioning, all physical improvements, materials, and equipment related to Solar Facilities, both surface and subsurface components, shall be removed in their entirety. The soil grade will also be restored following disturbance caused in the removal process. Ift the current or future landowner requests in writing that the fencing and/or materials greater than thirty-six (36) inches below the surface be exempt from removal, the facility owner or operator shall provide an itemized list ofe exempt items and copies of request letters in the decommissioning land disturbance application for review and 33. Upon decommissioning, all access roads will be removed, including any. geotextile material beneath the roads and granular material. Topsoil will be redistributed within areas that were previously used for agricultural purposes to provide substantially similar growing media as was present within the areas prior to access road construction. Ifthe current or future landowner requests in writing that the access roads and associated culverts or their related material be exempt from removal, the facility owner or operator shall provide an itemized list ofexempt items and copies of request letters in the decommissioning land disturbance application for review and approval by the County. 34. Within twelve (12) months after the cessation of use oft the Solar Facilities for electrical power generation or transmission, the. Applicant, at their sole cost and expense, shall commence decommissioning oft the Solar Facilities in accordance with the Decommissioning Plan approved by the County. Ifthe Applicant fails to decommission  recycler or a landfill, ifnot returned to the manufacturer.  all action to obtain the rights to the form ofsecurity.  estimate revision.  approval by the County.    Lavender Solar 6/13/2024  Staff Recommended Conditions  the Solar Facilities within twenty-four (24) months, the property owners shall commence decommissioning activities in accordance with the Decommissioning Plan using the decommissioning security to fund such activities. Following the completion of decommissioning oft the Solar Facilities arising out ofa default by the Applicant, any remaining security funds held by the County shall be distributed to the property owners in a proportion of the security funds and the property owner's proportionate acreage ownership of the Solar Facility. Upon completion of decommissioning and approval by the County, the County shall sign documentation releasing the decommissioning security. 35.Ifthe Applicant or the property owners fail to timely decommission the Solar Facilities, the County shall have the: right, but not the obligation, to commence decommissioning activities and shall have access to the property, access to the full amount ofthe decommissioning security, and the right to dispose of the Solar Facilities, equipment and materials on the property, without incurring any financial liability to the owner ofthe Solar Facilities or the property owner, and without obligation for the County to secure salvage value (ifany) for the property disposed of. Ifapplicable, any excess decommissioning security funds shall bei returned to the current owners oft the properties after the County has completed the decommissioning activities. 36. The County may enter the Project Site in accordance with Code of Virginia Section $15.2-2241.2. Nothing herein shall limit other rights or remedies that may be available to the County to enforce the obligations ofthe Applicant, including under the County's zoning powers. The owners of the property shall execute a deed of easement in the form attached hereto as Schedule B, prior to County'si issuance ofal building permit. 3.Ifdecommisioning is triggered for a portion oft the Solar Facilities, then the Applicant will commence and complete decommissioning, in accordance with the Decommissioning Plan, for the applicable portion oft the Solar Facilities; the: remaining portion ofthe Solar Facilities would continue to be operational and subject to the Decommssioning Plan when the time comes. Any reference to decommissioning the Solar Facilities shall include the obligation to decommission all or aj portion oft the Solar Facilities, whichever is applicable with respect to a particular situation. 38. Subject to the requirement that the County provide the Applicant with an estimate oft the third-party costs prior the expense being incurred (when applicable County permit fees do not cover assumed costs), the. Applicant shall reimburse the County its reasonable costs in obtaining independent third-party reviews as required by these conditions and for the review oft the site plan (including all specific plans thereof), Erosion and Sediment Control plan, decommissioning cost estimates, and bi-annual inspections during operations to verify compliance with all permits and approvals. The. Applicant shall also fully fund any temporary or permanent signage as requested or required by the County or the Virginia Department ofTransportation ("VDOT"), as well as any costs associated  with traffic planning or traffic mitigation.    Lavender Solar 6/13/2024  Staff Recommended Conditions  39. The design, installation, maintenance, and repair oft the Solar Facility shall be in accordance with the most current National Electric Code (NFPA 70) available (2014 version or later as applicable) and State Building Code at the time of construction.  40. Inspections.  a. The. Applicant will allow designated County representatives or employees access to the facility for inspection purposes during normal business hours with 24-hour notice. b. The Applicant shall reimburse the County its reasonable costs in obtaining an independent third-party to conduct inspections required by local and state laws and regulations when those costs exceed the Applicant's building permit fee.  41. Emergency Access, Response, and Training.  a. The. Applicant shall submit an Emergency Response Plan (the "ER Plan") with the submission oft the site plan. The ER Plan shall include fire suppression methods that can be immediately deployed during both the construction and operation oft the project. The ER Plan shall also include aj program ofeducation and training to be provided for County emergency response staff covering onsite emergency response, as well as information on how the facility willl be designed, constructed, operated, and maintained to allow for access by County emergency response staffi in the event ofan b. Prior to the end of construction ofthel Project Site, the. Applicant, shall hold training classes with the County's first responders (Fire and Rescue) toj provide materials, education, and training on responding to on-site emergencies, to include the provision ofinformation and any necessary equipment to allow first responders to gain access to any part oft the facility in the event of an emergency. The training classes shall be scheduled with the assistance of the County's Public Safety Coordinator or designee. The Applicant shall provide on-going training as deemed necessary by the Public d. In the event any upgrades or changes in technology associated with the Solar Facilities results in any change in emergency procedure, including the manner of access to the facility, the Applicant will notify the County Public Safety Coordinator, who may, at their discretion, schedule an additional training on the new equipment. 42. Compliance. The Solar Façilities shall be designed, constructed, and tested to meet 43. The Conditional Use Permit shall be terminated ift the solar facility does not receive a building permit within 18 months after the Applicant receives (a) any required state approvals; (b) any approvals ofthe regional transmission organization; and (c) any approvals required by the State Corporation Commission, but in no event more than thirty-six (36) months of approval of the Conditional Use Permit. The County Administrator, with a written request from the Applicant detailing the reasons fora requested extension, may approve a one-time extension oft the 18 months to 24 months or  emergency.  Safety Coordinator or designee.  relevant local, state, and federal standards as applicable.    Lavender Solar 6/13/2024  Staff Recommended Conditions  a one-time extension oft the thirty-six (36) months to forty-eight (48) months based upon his/her determination that any delay was not the result ofa actions of, or the inaction of, the 44. Ifthe Solar Facilities are declared tol be unsafe, due to a violation ofbuilding or electrical codes, as determined by the fire marshal or building official, and the Applicant oft the Facilities fails to respond in writing to such official within thirty (30) days, the County may revoke the right for the Facilities to continue operation until the unsafe condition is brought into compliance with the applicable building or electrical code. Ifthe unsafe condition cannot bei remedied within six (6) months, the Conditional Use Permit shall be 45. The Applicant shall provide the County with a list of capital equipment, including but not limited to solar photovoltaic equipment proposed to bei installed, whether or not it has yet been certified as pollution control equipment by the State Corporation Commission or Virginia Department of] Environmental Quality, and lists of all other taxable tangible property. Thereafter, on an annual basis, the Applicant shall provide the County with any updates to this information. Further, any information that is provided to the Virginia State Corporation Commission in the future, for the Commission's use in valuing such property for taxation purposes, shall also be provided to the County in a timely manner. 46. Power Purchase Agreement. The Applicant shall notify the County and its legal counsel upon its ratification ofaj power purchase agreement with ai third-party providing for the sale ofai minimum ofe eighty percent (80%) ofthe Solar Facility's anticipated generation capacity for not less than ten (10) years from commencement of operation or an agreement forj purchase of the project by an electric utility or electric cooperative operating in the Commonwealth ofVirginia and upon the County's request, to the extent permitted by any non-disclosure agreements between the parties to such agreement. 47. The County may engage aj professional construction project manager with demonstrated experience in the development of utility-scale solar facilities during the constructondevelopment oft the project, with the requirement that reasonable costs of such engagement shall bei reimbursed by the Applicant. The role oft this project manager will bei to serve as a primary point of contact between the County and the Applicant with respect to all aspects oft the construction and development of the facility and to assist the County and its staff and any associated third-party consultants in coordinating the compliant development ofthe facility consistent with all applicable! local, state, and  Applicant.  terminated, and the Solar Facilities shall be decommissioned.  federal permits, ordinances, codes, regulations.  Schedule A  Security of Performance - Summary of Securities  Condition Reference Performance Being Secured  Duration    Lavender Solar 6/13/2024  Staff Recommended Conditions  18 20 22 23 13 26 30  Pre-Construction Road Improvements; Road Repairs Grading Erosion & Sediment Control Stormwater Management Land cover & vegetative buffer maintenance Security fencing Decommissioning  Construction Phase  Operations Phase/Full Lifecycle  Posting and release ofb bonds shall bei in accordance with thej procedures set forth ini the Charlotte County Zoning Ordinance, Subdivision Ordinance, and Erosion & Sediment Control Ordinance.    Lavender Solar 6/13/2024  Staff Recommended Conditions  Schedule B  PREPARED BY &1 RETURNTO: Russell O. Slayton, Jr. (VSB #14202) Slayton & Clary Post Office Box 580 Lawrenceville, Virginia 23868  THIS DEED OF EASEMENT is made and entered into this  day of  by and among  record owner and lessor oft the  property described below, and  lessee  oft thej property described below, and the entity to which a Conditional Use Permit has been issued to enable construction ofs solar panels, and appurtenant facilities, thereon (together, "Grantors"), and CHARLOTTE COUNTY, VIRGINIA, aj political subdivision oft the Commonwealth of Virginia, clo County Administrator Post Office Box 608, Charlotte Court House, Virginia 23923 ("Grantee").  WITNESSETH: That for and in consideration of the issuance of a Conditional Use Permit ("CUP") which authorizes operation ofa a solar facility on the property ("CUP Property") described below, and for the purpose of satisfying a specific condition oft the CUP, the Grantors hereby grant, bargain, sell and convey, with General Warranty, to CHARLOTTE COUNTY, VIRGINIA, certain easement rights, the terms and conditions of which are set forth below, which easement rights are appurtenant to the CUP Property, and which easement rights shall run with title to the CUP Property, and therefore constitute an encumbrance on titlet tot the CUPI Property until such time as the easement rights are1 terminated by quitclaim deed from Charlotte County, Virginia, the CUP Property to which the subject easement rights are  appurtenant being described as follows: [INSERT PROPERTY DESCRIPTION  TERMS AND CONDITIONS OF EASEMENT: The easement rights conveyed hereby authorize Charlotte County, and any contractor or authorized agent of Charlotte County (hereinafter    Lavender Solar 6/13/2024  Staff Recommended Conditions  collectively referred to as "County"), to enter the SUP Property which is described in the CUP by which installation, construction, operation, maintenance and decommissioning of solar panels and appurtenant facilities on the CUPI Property are authorized. The easement rights hereby conveyed shall authorize County toe enter upon the CUPI Property to inspect solar panels, and appurtenant facilities, which are constructed on the CUP Property. The easement rights hereby conveyed also authorize County to effect any and all tasks, ifs such tasks by County prove necessary, to decommission solar panels and appurtenant facilities, and restore the CUP Property to substantially the same condition which existed prior to construction oft thes solar  facilities.  The easement rights hereby conveyed. also afford County thei right to access the CUP Property using any access roads which are used to travel between the CUP Property and a state-maintained road, and the right to use any access roads which serve the CUP Property is expressly included in this conveyance.  After the solar panels constructed on the CUP Property have been removed, and the decommissioning ofs solar facilities have been completed to a standard reviewed and approved by Charlotte County, the owner or owners oft the CUP Property may request a quitclaim deed by which Charlotte County  quitclaims and releases its access easement rights in the CUP Property.  WITNESS the following signatures and seals:  SEE ATTACHED SIGNATURE PAGES  REMAINDER OF THIS PAGE LEFT BLANK, INTENTIONALLY    Lavender Solar 6/13/2024  Staff Recommended Conditions  SIGNATURE PAGE TO DEED OF EASEMENTTO CHARLOTTE COUNTY, VIRGINIA  (SEAL)  OWNER/LESSOR  (SEAL)  OWNER/LESSOR  STATE OF CITY/COUNTY OF  to-wit:  The foregoing instrument was personally acknowledged. before mei this  day of and  by.  Notary Public  My commission expires: Notary registration number:  REMAINDER OF THIS PAGE LEFT BLANK. INTENTIONALLY    OF CHA  Charlotte County, Virginia PanningCommisson-s Staff Report  IRGINIE  Meeting Date: June 20, 2024  Subject: General Agricultural District Lot Size & Setback Review  Subject Highlights  Inr response to additional information requested by the Planning Commission regarding lot size requirements ini the General Agricultural Zoning District, the following information is being  provided:  Comparison of allowable uses in surrounding counties and the Charlotte County Public Safety Director  New home construction report  Comments received from the Health Department, the Charlotte County Building Official,  Staffi is also working to compile comments from planning staffi in adjacent localities but is waiting for input from several remaining jurisdictions. Afull report is expected to be available at the. June  20th meeting.  Input from the Health Department, Building Official, and Public Safety:  Health Department (VDH)  As previously noted, the primary concerns expressed by David Waldrep at the Piedmont District Office for VDH related to the siting of wells and septic systems on smaller lot sizes and the potential for future drainfield failures. Per VDH, with the three-acre lot size requirement, their current approval rating for well and septic permit applications in Public Safety - Public Safety Director Chris Russell noted the need for a structured approach to land development, no matter the lot size, to ensure E-911 signage is clear and emergency services personnel can locate individuals needing assistance. He explained 911 numbering is specifically challenging when lots are subdivided haphazardly. Mr. Russell also recommended considering the width of shared driveways to ensure adequate access for emergency vehicles. Building Official - Building Official John Hess explained that soils impact both septic system locations and footing locations and should be considered when subdividing property. He stated that it can be challenging toi identify property lines on wooded lots to ensure new structures meet setback requirements and this may be more problematic with smaller lots. In discussing home sizes, he noted that larger stick-built homes are the norm now rather than the exception.  Charlotte County is above 90%.    Additional Issues to be Considered  Previously noted issues for consideration are below:  The General Agricultural Zoning District accounts for approximately 96% of Charlotte County's total land area, or more than 290,000 acres. (Charlotte County has the fewest zoning district designations when compared to surrounding localities.) Changes would be applicable for all uses permitted in the district (not just  residential) unless otherwise specified in the ordinance.  Minimum lot size in the Village Center District is 1 acre. This district includes seven % mile square areas located in unincorporated communities with post offices. Zoning Ordinance 54.2 - Per the Zoning ordinance, these districts are "intended to encourage cluster development of residential, commercial, and public uses to create a sense of place and convenient access to community services and shopping, and to create a sense ofcommunity identity. Walkability, a mix of uses, and street connectivity are all promoted within this zoning district." Extending these districts was discussed at the April 18th Planning Commission meeting and would support the goals of the district, expanding the opportunity for residential development on  smaller lots near existingi infrastructure.  Minimum lot size ini the General Residential District is 1.5 acres subject to the ability toy provide adequate well and septic to all dwelling units on the lot. This district is adjacent to incorporated towns and extends out % mile from the town boundary. Zoning Ordinance $6.2- Per the zoning ordinance, these districts are "intended to provide for flexible residential, public, and: semipublic land uses while safeguarding against such uses as might be objectionable in a residential. neighborhood." Extending the boundaries to align with the solar buffers for towns (one mile for Keysville and al half mile for the other towns) would provide new opportunity for residential development on smaller lots near existing utilities and community resources, and in areas that are primarily focused on residential use.  Charlotte County has the lowest population density when compared to surrounding Use of campers for long-term residential purposes is on the rise throughout the region. Currently one camper may be located on a property, but the landowner must apply for zoning to verify connection to well & septic. Smaller lot sizes would provide landowners greater opportunity to subdivide parcels for camper sites. Per Virginia Department of Health (VDH), some localities in the region require well & septic permit reviews as part of all subdivision reviews. Charlotte currently does not. Doing 5O would ensure parcels can support well and septic but creates additional  localities.    administrative work and is burdensome for landowners not intending to develop for Per VDH, with the three-acre lot size requirement, their current approval rating for well and septic permit applications in Charlotte County is above 90%. Charlotte County currently allows one accessory dwelling per lot int the General Agricultural Zoning District when that lot is three acres or more; the accessory dwelling has no more than 1200 square feet of above ground floor area; and the In: 2024 the General Assembly considered language that would require localities to allow accessory dwelling units under certain circumstances. That bill (SB304) was  purposes requiring these utilities.  landowner resides ini the principal dwelling.  continued until 2025.  Planning Commission Review Process & Timeline:  Review began May 16th  The Planning Commission has 100 days, or until August 24th to provide a Ifthe Planning Commission is considering recommending an amendment, a public  recommendation to the Board of Supervisors  hearing is required prior to finalizing the recommendation  Board of Supervisors Review Process:  Once a recommendation is received from the Planning Commission, the Board of Ift the recommendation is to amend the ordinance, the Board must conduct a public  Supervisors can begin their review process.  hearing  Action is required by the Board no later than May 16, 2025  Staff Review Record Exhibits  Comparison of allowable uses in surrounding counties  New home construction report      >  /  >    -    2 1 o 0  4  o o 2 1 0  1 n  ) @ €  Ploloo!o  2 0 2 0  C C  - - 3 @ N - S E e  E  4 0 2 3 3 4  2 3 5 3  s  a o 0  2  0 0o 2  5 2  09 0  2  4  3 0  2  0  2 5 bo  2  3    OF CH  Charlotte County, Virginia Planning Commission Report  RGINI  Meeting Date: June 20, 2024  General Staff Report  1. Battery Energy Storage Zoning Text Amendment  Due to the extensive agenda for your. June 20th meeting, further discussion on battery energy storage was postponed. The Planning Commission will take up the issue again at their July 18th meeting. Ifyou have questions regarding the issue, please let staff know. Staff have been working with Dominion to schedule a battery energy storage facility site visit for the Planning Commission and Board of Supervisors. Dominion has proposed a visit to Scott solar and storage facility in Powhatan. Thisis a combined solar and battery storage facility sO will provide an opportunity for new members to see both. As soona as  a date is finalized staff will notify the Commission and the Board.  2. Status of Approved Solar Projects to be Constructed  CPV County Line Solar- CPV's County Line Solar Project is moving forward with design and permitting of the project, working through various questions with staff as needed. Charlotte Solar 1 Gibson & Charlotte Solar 2 Austin Goldman 5 - (No Changes from May.) The first payments associated with the financial conditions have been received. The  estimated timeline for both projects is as follows: Site Plan Completion: 3/1/2025 Start ofComsructiem/Mailiatons 9/1/2025 Site Operational: 9/1/2026  Tall Pines Solar- (No Changes from May.) No changes from Dominion have been provided for  the tentative timeline for this project. Project bid (Contractor): Q32 2024 Anticipated CPCN approval: Q2 2026 Start of construction: Q3 2026 Operational: Q4 2028  Courthouse Solar- Staff are currently waiting on site plan resubmittals from Dominion. Summit Engineering is assisting the County with the site plan review and project  management.    Randolph Solar - (No Changes from May.) Kimley-Horn continues to work to complete due diligence work for Randolph Solar. This diligence is needed to develop the site plan & help  determine at final phasing/limits oft the project. 3. Other Solar Project Applications  Lavender Solar The Board of Supervisors accepted the Planning Commission's 2232 Review findings at their June 12th meeting. The Planning Commission's. June 20th public hearing on the conditional use permit has been properly advertised with letters sent to Quarter Horse Solar (Previously Moody Creek) - Staff has received the CUP amendment application from Dominion for this project, which was originally approved in 2019 as "Moody Creek Solar." Dominion reduced the size of the project from 1501 to 125 MWS and has agreed to renegotiate the siting agreement. The application contains new draft conditions which will be reviewed by staffa and the Planning Commission. The Board has requested aj joint public hearing on the application be held at the Planning Commission's  adjacent landowners. Associated materials are in your packet.  July 18th meeting, beginning at 7:00 PM.  CUP Amendment application: Q2 2024 Project bid (Contractor): Q3 2025 Anticipated CPCN approval: Q2 2027 Start of construction: Q3 2027 COD: Q42029  Other Potential Applications Staff continues to receive inquires from solar developers.  Staff anticipate additional applications in the coming months.  4. Upcoming Public Hearings  As noted above, the Board has requested a joint public hearing on the Quarter Horse Solar conditional use permit amendment be held at the Planning Commission's. July Staff are currently working with Levi Yoder on a conditional use permit for his sawmill. The applicant is currently working on an easement needed for access.  18th meeting, beginning at 7:00 PM.