FLUVANNA COUNTY PLANNING COMMISSION MEETING MINUTES Morris Room- County Administration Building 132 Main Street Palmyra, VA: 22963 Tuesday, June 25, 2024 Special Called Meeting 7:00pm Kathleen Kilpatrick, Commissioner Eddie Shifflett, Commissioner Howard Lagomarsino, Commissioner Lorretta. Johnson-Morgan, Commissioner Mike Goad, Representative of Board of Supervisors  MEMBERS PRESENT:  ABSENT: STAFF PRESENT:  Barry Bibb, Chair  Todd Fortune, Director of Planning Dan' Whitten, Fluvanna County Attorney Kayla Polychrones, Administrative Assistant  CALLTO ORDER,THE PLEDGE OF ALLEGIANCE AND AI MOMENT OF SILENCE: ofA Allegiance and then he conducted al Moment of Silence. DIRECTOR'S REPORT -1 Todd Fortune, Director of Planning  At7:00p pm, Vice Chair Lagomarsino, calledt the. June 25, 2024 Special Called Meeting to Order, led int the Pledge  Announcements: and Updates  Wawa (SDP 23:07) has submitted: ana application for as sign permit with accompanying sign plans that are Staff Update: The Planner/GIS Technician position has been posted on the county website andi is  currently beingr reviewed by staff. currently being advertised.  The Solar Ordinance Committee ist tentatively set to meet in mid to late. July.  Upcoming Zoning Cases  SDP24:04-S.B. Cox Inc. Road and Recycling Center- As site development plan has been submitted fora proposed recycling center at Amber Hills (Taxi Map 4 -A-27A). The Board of Supervisors approveda Special Use Permit for1 the property in 2023 with the condition ofa ana approved site development plan by the Planning Commission. The Technical Review Committee has reviewed the preliminary layout in October 2022 and has agreed additional reviewi isr not necessary prior top public hearing.  Upcoming Meetings  July 9,2 2024-Morris Room August 13, 2024- - Morris Room September 10, 2024- - Morris Room  PUBLIC COMMENTS#1 MINUTES None. PUBLICI HEARINGS  At7:04 pm, Vice Chair Lagomarsino opened the first round of public comments. With no one wishing tos speak,  Vice Chair Lagomarsino closed thet first round of public comments at 7:04 pm.  ZTA24:02- Ar request toa amend 52 22-4-2.2 oft the Fluvanna County Code to remove utility scale solar generation On March6 6, 2024, the Board of Supervisors passed a resolution: statinga a desire to remove utility scale solarg generation1 facilities as a use allowed by Special Usei int the A-1 district. This resolution was presented tot the Planning Commission on3 3/12/24i inav work session. On3 3/20/24, the Boardo of Supervisors approved: at timeline of 180 days for the Commission tol hold ap public hearing ont this case. On 4/9/24, a Solar Ordinance Review Committee was formed with the purpose for enacting 522-17-21 to add supplemental regulations for small scale solar generation facilities, minor scale solar generation facilities and utility scale solar generation facilities. This committee isf formed oft two respectively appointed members from the Board of Supervisors (Timothy Hodge and Anthony O'Brien) )and two  facilities as a use allowed by special use permit int the agricultural, A-1 zoning district.  1    Planning Commissioners (Lorretta. Johnson-Morgan and Kathleen Kilpatrick). The Solar Ordinance Review Committee met on 4/24/24 and! 5/2/2024. The Committee discussed two options (1) Creatinga new: zoning district that authorizes utilitys scale and minor scale solari facilities (2) Authorizing utility scale andi minor scale solar facilities by use ofs special permit with supplemental regulations. More details of this discussion can be found in Board of Supervisors Minutes from! 5/15/24. The Planning Commission was tasked with holdinga a public! hearing on the removal of utility scale solar from the A-1 Zoning Joe Creasy, 38 Jennings Drive, spoke inc opposition of removing utility scale solar from A-1. Jason Sweeney, 3456. James Madison Highway, spoke inf favor of re removing utility scales solar from A-1. Gary Wood, CEO ofCVEC, spokei inc opposition ofr removing utility scale solar from A-1. Karen Bowles, 5520J James Madison Highway, spoke inf favor of re removing utilitys scale solar from A-1. Kyle West, Vega Renewables, spoke in opposition of removing utility scale solar from A-1. Chloel Hodges, Energy Right, spokei in opposition of removing utility scale solari from A-1. George Goin, 952 Rolling Road South, spokei in opposition of removing utility scale solar from A-1. Nadine Armstrong, 2979 Bremo Road, spoke int favor of re removing utility scale solar from A-1. Harry! Kingery, Commonwealth Energy Partners, spoke in opposition of removing utility scale solar from Withr no one else wishing to speak, Vice Chair Lagomarsino closed the Public Hearing at 7:35 PM: and Commissioner. Johnson-Morgan: spoke inf favor of removing utility scale solar use from A-1 and creatinga newz zoning district, S-1, with defined solar ordinances, site planr requirements, and supplemental  District.  At7:06 P.M., Vice Chair Lagomarsino opened the Public Hearing.  A-1.  began Planning Commissioners Discussion.  regulations.  Motiont tor recommend: ana amendment to 22-4-2.2t tor remove utilitys scale solar  MOTION: generation facilities asa au use allowed bys special use permit int the agricultural,  A-1 zoning district. Bibb  MEMBER: ACTION: VOTE: RESULT:  Kilpatrick  Shifflett  Lagomarsino  Morgan Motion  Motion Failed for Lack ofa Second  Commissioner Kilpatrick stated more research and context isr needed to explore supplemental regulations, special use process, site agreements, and comprehensive plan on solar before consideration ofZTA24:02. Commissioner. Johnson-Morgan: spoke inf favor ofa an S-1 District witha defined solar ordinance. Commissioner Kilpatrick spokei inf favoro ofs supplemental regulations for special use permits for solar int the A-1 district. Board of Supervisors Representative Goad, confirmed with County Attorney thata a new zone isr not requiredi in order to create supplemental regulations for solar. Vice Chair Lagomarsino asked County Attorney what the ramifications for deferral would be. County Attorney Whitten stated this case has been advertised: for public hearing for. July 3rd BOS Meeting and that it would be upt to the Board of Supervisors to decide ifthey wanted to wait for Planning Commission Recommendation before making a decision att their public hearing at 9/20/2024.  Motion tor recommend deferral ofZ ZTA24:02 toJ Julys 9, 20241 to givet time for  MOTION: Solar Committee Meetingt to creates specific solar regulations ins SUP process  for utility scale solar usei inA-1 Bibb ABSENT  MEMBER: ACTION: VOTE: RESULT:  Kilpatrick Shifflett Lagomarsino Morgan  Motion Aye  Second Aye 3-1F Recommended Deferral  Aye  Nay  2    PRESENTATIONS None. SITE DEVELOPMENT PLANS None. SUBDIVISIONS None UNFINISHED BUSINESS None. NEW BUSINESS None. PUBLIC COMMENTS#2:  Vice Chair Lagomarsino opened the second round ofF Public Comments at 8:11 pm,  Nadine Armstrong, 2979E Bremo Road, askedi ift the Solar Ordinance Committee Meetings is open to the public and ifi inputi is considered from citizens. County Attorney' Whitten answered therei isr no Public Comment section Kylel West, Vega Renewables, suggested Zoning Text Amendments for solar ordinances inl lieu of Re-Zoning. Jason Sweeney, 3456J James Madison Highway, spoke with concerns that solar developers meet with county Karen Bowles, 5520J James Madison Highway, spoke with disappointment that not all planning commissioners Harry Kingery, Commonwealth Energy Partners, stated theya are waiting for a clear stance ons solar ordinances Roger Bowles, 5520. James Madison Highway, spokei in disappointment that not all planning commissioners Chloe Hodges, Energy Right, spoke against removing solar from A-1a and encouraged focus on ordinances.  att those meetings.  officials, Planning Commissioners, and Board of Supervisors, outside of public hearings.  voiced their opinion onz ZTA24:02 int the public hearing.  and/or regulations before holding their Public Hearing for SUP23:01. voicedt their opinion on ZTA24:02 int the public hearing.  With no one else wishingt tos speak, Vice Chair closed the Public Hearing at 8:32P.M.  ADJOURNMENT  MOTION: Motiont toA Adjourn the. June 25,2024 Special Called Planning  Commission meeting at 8:32 pm  MEMBER: ACTION: VOTE: RESULT:  Bibb Absent  Kilpatrick Shifflett Lagomarsino Second Aye 4-0Approved. Adjournment  Morgan Motion Aye  Aye  Aye  Minutes were recorded by Kayla Polychrones, Administrative Programs Specialist.  doud dguaus Howard Lagomàrsino, Vice Chair Fluvanna County Planning Commission