CHA  IRGINIF  Charlotte County Planning Commission 250 LeGrande Avenue, Suite A Charlotte Court House, VA 23923 Thursday, October 17, 2024  7:00 PM  7:00 pm Regular Meeting Call to Order Invocation Approve Agenda  Consider Approval of September Minutes General Public Comment Period  Consider Battery Energy Storage Zoning Amendment Discuss Zoning and Subdivision Ordinance Amendments  Board Requests:  Minimum Lot Size for Family Subdivisions in the General Agricultural District  Minimum Lot Size in the Village Center District Minimum Lot Size in the General Residential District Language to clarify setbacks and address omissions  Staff Requests:  Frontage and setback requirements associated with the Board's lot size review Frontage and setback requirement for the General Agricultural and General  request Industrial Districts  Staff Report Commissioners' Time Adjourn    Charlotte County Planning Commission September 19, 2024, 7:30 pm Charlotte County Administration Office  Present: Miller Adams James Benn W.V.Nichols Mike Price  Absent: Patrick. Andrews  Hazel Bowman Smith* Belinda Strom Eugene Wells  Andrew Carwile Richard Vaughan Kerwin Kunath David Watkins, Jr.  *Board ofSupervisors. Alternate Representative - Non-voting Staff in Attendance: Dan Witt, County Administrator  Monica Elder,Assistant County Administrator  Chairman Carwile called the meeting to order, and Eugene Wells gave the invocation. Motion was made by David Watkins to approve the agenda as presented. Kerwin Kunath seconded the motion, and the motion carried with all members present voting. yes. Mike Price made the motion to approve the) July meeting minutes as presented. James Benn seconded the motion, and the motion carried with all members present voting. yes. Public Hearing Battery Energy. Storage. Systems - Zoning Text Amendment, Application Chairman Carwile recessed the meeting and called to order a public hearing on East Point Energy'sa application to amend the Charlotte County Zoning Ordinance to:  Allow battery energy storage systems in the County's General Agriculture, Intensive  Agriculture, and General Industrial Zoning Districts, and Establish zoning requirements for battery energy storage systems  Staff provided a presentation on battery energy storage, addressing recent industry growth, application details, the review process, benefits, challenges, fire risks, and next steps. Benjamin Hadlock, representing applicant East Point Energy, then provided a presentation addressing community engagement, visual impacts, environmental protection, and fire safety.  Chairman Carwile called on the public for comments.  George Toombs of Saxe addressed the Commission, stating he had previously warned the county aboutsolar, which was closely related to battery energy storage and data centers. He stated batteries were dangerous and toxic and noted that the county had been served a lawsuit  associated with the recent approval ofa a solar project.    Daniel Dixon, who owns property in Madisonville, stated East Point Energy had reached outt to him for input. Hei reported that hej presented twelve questions for them associated with development requirements and they had addressed all but one oft them in the revised  conditions they provided.  Cindy Longerbeam of Charlotte Court House expressed concerns that East Point Energy would be using agricultural land. She inquired about their other battery energy storage facilities and  asked ifa agricultural land would be transitioned to battery storage. Chairman Carwile then called on commissioners for questions and comments.  Belinda Strom inquired about surface treatment oft the project area. Mr. Hadlock explained the disturbed area for their project is approximately 20 acres but could change depending upon requirements. He advised that packed gravel was normally used with concrete pillars, Commissioners inquired about input from fire departments. The applicant explained Public Safety Director Chris Russell had arranged a meeting with local fire personnel, and they had met with about 15 attendees to discuss the use. Ini response to inquiries regarding the attendance of Chase City Fire Department, the applicant indicated they had not been included, but East Point would continue to coordinate with fire personnel. Supervisor Smith stated that Commissioners then inquired about East Point's experience. Mr. Hadlock noted their company was founded in 2018 and had developed projects in Northern Virginia as well as the Dry Bridge Battery Energy Storage in Midlothian. He informed the Commission that they were also developing projects in Lynchburg and Pittsylvania County. Mr. Hadlock reported that there were ten operational facilities in Virginia and there had been no fires. He further explained that National Fire Protection Agency Standard 855 establishes design and  pylons, or pads supporting the battery energy storage system.  she believed Chase City was represented at the meeting.  implementation standards for battery energy storage.  Commissioner Benn inquired about East Point's request to add battery energy storage as a by- right use in the General Industrial and Intensive Agricultural Districts. Mr. Hadlock explained this was based on the small area oft these districts. Staff reported thatl land had to be rezoned tol Intensive Agricultural for inclusion in the district and only. .2% ofl land in the county was zoned General Industrial, while an estimated 96% was zoned General Agricultural. Staffalso noted the General Industrial District was designed to incorporate areas where infrastructure Staff reported an initial ordinance comparison was performed including the applicant's recommended regulations and other ordinances in common use in Virginia. Staffnoted several concerns with the applicant's recommended regulations including the use oft the discretionary term "should" and allowance ofa company guarantee for decommissioning: Staff I recommended the Planning Commission, if considering application approval, develop regulations that were in the county's best interest rather than relying on developer  was available to support businesses and employment.  recommended regulations.    Ini response toi inquiries regarding Pittsylvania County's application review process, Mr. Hadlock explained East Point's 2232 comprehensive plan review was waived due to the establishment ofa siting agreement with Pittsylvania County. Administrator Witt explained Charlotte County did not negotiate siting agreements up front tol help ensure the Planning Commission based their decision on land use issues rather than financial considerations. Commissioners then discussed staff's recommendation to amend the battery energy storage section ofthe comprehensive plan. Staff explained that the plan recommends the development ofa a battery energy storage policy. Therefore, the Commission should consider amending the comprehensive plan to incorporate the position taken by the County during the Commissioners then discussed the next steps in the review process. Belinda Strom expressed concerns regarding the use, stating allowing battery energy storage would be reckless since  Therefore, the County did not waive 2232 reviews.  application review.  the full impact of solar development was unclear.  There being no further comments, the public hearing was adjourned  Consideration of Battery Energy Storage Systems - Zoning Text Amendment, Application Miller Adams made the motion to recommend the Planning Commission not approve battery energy storage systems as an allowable use. David Watkins seconded the motion. Commissioner Adams amended his motion to recommend the Planning Commission not approve battery energy storage systems as an allowable use based on the challenges listed in the: staff report which included limited historical data, fire risk, community concerns and impacts, thel large volume of approved energy projects, variation in projects and sites, variety oftechnologies, need for experienced developers and installers, and the need for monitoring James Benn asked ift the Planning Commission needed to take the time to review the positives Roll call vote was as follows: Miller Adams-Yes; David Watkins-Yes; Kerwin Kunath-No; Richard Vaughan-Yes; Belinda Strom-Yes; Mike Price-No; W.V.Nichols-No; Eugene Wells-No; James Benn then made the motion to recommend staff draft potential language for battery energy storage regulations. Euguene Wells seconded the motion. Roll call vote was as follows: James Benn-Yes; Eugene Wells-Yes; Miller Adams-No; Kerwin Kunath-Yes; Richard Vaughan-Yes; Belinda Strom-No; Mike Price-Yes; W.V. Nichols-Yes; David Watkins-No;  and maintenance. David Watkins seconded the motion. associated with the use before makinga recommendation.  James Benn-No; Andrew Carwile-No. Motion failed, 4-6.  Andrew Carwile-Yes. Motion carried, ,7-3.  Planning Commissioners then discussed the review timeline. Staff stated they would need to determine if an extension was possible since, to meet the 100-day review requirement, a recommendation was needed by October 31st." The applicant expressed a willingness to work  with the Commission to allow additional review time.    General Public Comment Period  George Toombs addressed the commission, expressing disappointment in the Commission's decision and stating those involved in solar should have abstained since the two uses are related. He then discussed improper solar panel storage associated with project construction Cindy Longerbeam addressed the Planning Commission expressing her dissatisfaction with the ten dollars in compensation she received per chicken when her chickens were. killed bya a dog, explaining the chickens were. a more costly breed. She also spoke in opposition ofthe County'se enforcement oft the Uniform Statewide Building Code in the Amish community. Staff reported the Board of Supervisors had unanimously adopted a resolution on September 11th referring minimum lot sizes for Family Subdivisions in the General Agricultural Zoning District, for the Village Center Zoning District, and for the General Residential Zoning District, to the Planning Commission for review. Staff then reviewed current regulations, a tally of facilities in General Residential that were served by the towns' publicu utilities, and related Commissioners: discussed specific language in the current regulations, alternative options, and the need tol look at the additional issues introduced by staff to clarify the requirements. Administrator Witt explained that no decision was needed at this time. Staff confirmed the Planning Commission had until December 28th to conduct their publicl hearing and make a recommendation. By consensus, Commissioners requested staff provide draft language at the next meeting addressing the issues noted by staff to give the Planning Commission a better  in other localities.  Lot. Size Zoning Amendment  regulations that should be considered including frontage and setbacks.  starting point for their review.  Staff Report  Staff had provided a written report addressing solar project status, updates on other conditional use permits, and information on upcoming training opportunities.  Commissioners Time  Commissioner Vaughan made a motion to hold the October 17th meeting at 7:00 pm. David Watkins seconded the motion, and the motion carried with all members present voting. yes. Commissioner Benn clarified his comment regarding reviewing the positives for battery energy storage, stating he was notindicating his support for the issue and was generally opposed; however, he felt the Commissioners needed to do a full review before makinga  recommendation. Adjourn  Mike Price made the motion to adjourn. Eugene Wells seconded the motion, and the motion  carried with all members present voting. yes.    Charlotte County, Virginia Planning Commission Report  IRGINI  Meeting Date: October 17, 2024 Subject Title: Battery Energy Storage Systems  SUBJECT HIGHLIGHTS  Inr response to concerns regarding the Planning Commission's timeline for completing their review of battery energy storage systems (BESS), the Board of Supervisors adopted a resolution on October gth referring BESS to the Planning Commission to evaluate whether it should be an allowable land use and, if so, to provide recommended zoning regulations. Following the Board's adoption of the resolution, East Point Energy has agreed to withdraw their application, effectively stopping the associated 100-day review period that would have expired October 31st. We anticipate receipt of their notice today (October 11th). Once their withdrawal notice is received, the Planning Commission will have 100 days from the October 17th meeting to complete their review of BESS and provide a recommendation in response to  the Board's referral.  At the September 19th Planning Commission meeting, the Planning Commission requested staff provide initial draft regulations for BESS to assist with their review of East Point Energy's zoning text amendment application. Draft regulations are provided following this report. Additional input from the Planning Commission will be incorporated into the draft regulations following tonight's discussion and a public hearing will need to be conducted before  the Planning Commission votes on a final recommendation.  Staff Review Record Exhibits:  1. Draft Regulations 2. Board of Supervisors' Resolution    OF CH % RGINIF  Charlotte County, Virginia Planning Commission Report  Battery Energy Storage Systems (Appendix A of the Charlotte County Code)  Draft Amendments to the Charlotte County Zoning Ordinance - Version 1  Article IX. USE MATRIX  B=By Right Use Types  C=Conditional Use Permit  T=T Temporary Use Permit  Zoning Districts General  General B C  Intensive B C  Village General  Agricultural Agriculture Residential Center Industrial  Battery Energy Storage Facilities Tier1 1 Battery Energy Storage Facilities Tier 2  B C  ARTICLE X. SUPPLEMENTARY REGULATIONS  Sec. 10-24. Battery Energy Storage Facilities.  10-24-1.  Principal or Accessory Use. Tier 1 Battery Energy Storage Facilities, as defined in  this ordinance, shall be considered an accessory use. Tier 2 Battery Energy Storage Facilities, as defined in this ordinance, shall be considered as a principal use. However, an existing use or an existing structure on the same lot shall not preclude the installation of a Tier 2 Battery Energy  Storage Facility on such lot.  10-24-2.  Site Design. To minimize impacts to adjacent properties and maximize buffers,  Tier 2 Battery Energy Storage Facilities shall: 1. Have ai minimum lot size of5 acres  2. Be sited toward the interior of the lot to buffer the facility from the surrounding areas 3. Take advantage of existing topography, structures, and vegetation to provide extra 4. Be sited to avoid wetlands, floodplains, and any other environmental concerns.  screening  10-24-3.  Compliance with Building & Electrical Codes. Battery Energy Storage Facilities  shall be constructed, maintained, and operated in accordance with all applicable codes and    standards, including but not limited to applicable fire, electrical, and building codes adopted by the County; National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems; and Underwriters Laboratories (UL)9540A, Standard for Test Method for Evaluating Thermal Runway Fire Propagation in Battery Energy Storage Systems. Applicable NFPA and UL1 requirements are those in effect at the time ofinstallation.  10-24-4.  Installation and Design. Battery cells in a Tier 2 Battery Energy Storage Facility  shall be placed in al Battery Energy Storage System ("BESS") with al Battery Management System ("BMS"). The BESS shall provide a secondary layer of physical containment to the batteries and be equipped with cooling, ventilation, fire alarm, fire and heat monitoring, and fire suppression  systems. 10-24-5.  Location. Absent specific authorization by the Board of Supervisors as part ofa  Conditional Use Permit, no Tier 21 Battery Energy Storage Facility shall bel located within one (1) mile of an existing town boundary. Under circumstances deemed appropriate by the Board of Supervisors, the Board may approve a' Tier 2 Battery Energy Storage Facility 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 project is approved closer than one (1) mile to the' Town of Keysville, or closer than one-half (1/2) mile to the Towns of Phenix, Charlotte Court House,  and Drakes Branch. 10-24-6.  Setbacks.  1. Tier 1 Battery Energy Storage Facilities shall conform to all minimum building setback requirements for principal structures of the zoning district in which they are located, or 2. Unless otherwise prescribed by the Board of Supervisors as a condition of approval fora Conditional Use Permit, Tier 2 Battery Energy Storage Facilities shall conform to the following setbacks: a minimum setback of 150 feet from the center line of any state maintained road abutting the property; a minimum setback of 150 feet from all other property lines with the exception of those property lines that are inside the project's boundaries and which do not abut property located outside thej project area; and a minimum of 400 feet from all off-site: residential structures and places of assembly as defined in this  fifty (50) feet, whichever is greater.  ordinance.  10-24-7. 10-24-8. ordinance.  Height. Battery Energy Storage Facilities shall comply with the building height Lighting. Lighting of the battery energy storage systems shall be limited to that  limitations for principal structures of the underlying zoning district.  minimally required for safety and operational purposes and shall meet all requirements of this    10-24-9.  Utilities. All on-site utility lines shall be placed underground toi the extent feasible  and as permitted by the serving utility, with the exception of the main service connection at the utility companyrightofway. and any newinterconnection equipment,i including without limitation  any poles, with new easements and right-of-way.  10-24-10.  Fencing for Tier 2 Battery Energy Storage Facilities. Tier 2 Battery Energy  Storage Facilities shall be enclosed by security fencing not less than seven (7) feet in height and  must have an additional anti-climbing device at least one (1) foot in height.  10-24-11  Screening. for Tier 2. Battery Energy Storage Facilities. The entire Tier 2 Battery  Energy Storage Facility, including fencing, shall be screened from ground-level view of adjacent properties by a landscaped buffer zone at least 25 feet wide consisting of an mix of native evergreen and deciduous species as approved by the Zoning Administrator; aj planted berm; ora combination of the two methods, unless otherwise prescribed by the Board of Supervisors as a condition of approval for a Conditional Use Permit. Opaque fencing slats of an approved color may be required to enhance screening at the Zoning Administrator's discretion. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible and may be used in whole or in part to provide the required screening if they provide adequate screening from public view as determined by the Zoning Administrator. In the event that existing vegetation orl landforms providing screening are disturbed, new plantings shall be provided which  accomplish the same. 10-24-12.  Noise Limits for Battery Energy Storage Facilities. After completion of  construction, noisel levels measured at the property line during standard operations shall not exceed 60 dbA. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide Operating Sound Pressure Level measurements from ai reasonable: number ofs sampled locations att the perimeterofthebattery 10-24-13. Removal of Damaged Components. Any damaged Battery Energy Storage Facility components or portions thereof shall be collected by the facility operator and removed from the site or stored on site in a location protected from weather and wildlife and from any contact with ground or water until removal from the site can be arranged; storage shall not exceed thirty (30) days. Ifnot returned to the manufacturer, damaged components shall be transferred directly to an approved recycling facility or disposal site in accordance with local, state, and federal laws.  energy storage system to demonstrate compliance with this standard.  10-24-14.  Fire Protection for Tier 2. Battery. Energy Storage Facilities.  1. Non-combustible - Buffer. Areas within 201 ft. around the perimeter ofTier 2 Battery Energy Storage Facilities shall be cleared of combustible vegetation and other combustible growth. Single specimens oftrees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be    exempt, provided that they do not form ai means of readily transmitting fire. Removal 2. Emergency Access: Access to the property for emergency services shall be provided in a manner acceptable to the Charlotte County Zoning Administrator and the  oftrees should be minimized to the extent possible. Charlotte County Director of Public Safety.  3. Safety Operation Standards.  a. Each individual battery shall have 24/7 automated fire detection and b. The Battery Management System shall monitor individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access. c.The Battery Management System shall be capable of shutting down the system 4. Emergency Plan. Applications for battery energy storage facilities shall include an  extinguishing technology built in.  before thermal runaway takes place.  Emergency Plan that, at minimum, contains the following:  a. Procedures to be followed ini response to notifications provided by the battery energy storage management system that could signify potentially dangerous b. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions, including shutting down equipment, de-energizing, or isolating equipment and systems toi reduce thei risk off fire, electric shock, release of hazardous materials, and personal injuries; summoning service and repair personnel; and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event ofa system failure. . Procedures and schedules for conducting drills of procedures a and b. d. Procedures for safe start-up following cessation of emergency conditions. e. Procedures for dealing with battery energy storage system components f.Awater containment plan to address potentially contaminated water associated Procedures for inspection and testing of associated alarms, interlocks, and h. Procedures and schedule for training local first responders on the contents of 5. Warning Signage. A 911 address sign shall be posted in a clearly visible manner. NFPA 704 placards and appropriate warning signage that complies with NFPA 855 and identifies the owner and a 24-hour emergency contact phone number shall be 6. Experience and Expertise: Qualifications and experience of developers and selected integrators shall bej provided, including disclosure of fires or other hazards at facilities.  conditions  damaged in a fire or other emergency event. with a fire, explosion, or hazardous materials incident.  controls.  the plan and appropriate response actions.  placed on all entrances.    7. Public Safety Information: Safety data sheets shall be provided to the Zoning 8. Emergency Response Training: The applicant shall coordinate with the Director of Public Safety to schedule and conduct training of emergency response personnel regarding system components, site design, potential hazards and risks, and system-  Administrator and Director of] Public Safety.  specific emergency response plans.  10-24-15.  Decommissioning ofTier 2 Battery. Energy Storage Facilities.  1. Applications for Tier 2 Battery Energy Storage Facilities shall include a decommissioning plan detailing the anticipated life of the project, the estimated decommissioning cost in current dollars, an explanation of how the cost was determined, the method of ensuring funds will be available for decommissioning, a mechanism for calculatingi increased removal costs due toi inflation, and an explanation ofthed decommissioning process. The decommissioning estimate shall be prepared and stamped by a professional engineer or contractor who has expertise in the removal of Battery Energy Storage Facilities. Salvage value shall not be considered when 2. The full estimated decommissioning cost shall be guaranteed by escrow at a federally insured financial institution, irrevocable letter of credit, or surety bond before a building permit is issued for the project. The decommissioning cost guarantee shall remain valid until the facility has been fully decommissioned. If the facility owner/operator fails to remove the installation in accordance with the requirements of this permit or within the proposed date of decommissioning, the County may collect the bond or other surety and the County or hired third party may enter the property to 3. The decommissioning cost estimate shall be recalculated every five (5) years at the facility owner's expense by a professional engineer or contractor who has expertise in the removal of Battery Energy Storage Facilities or by a third party selected by the County. Ift the recalculated estimate exceeds the original estimated decommissioning cost by 10% or more, the facility owner/operator shall increase the guarantee to meet the new cost estimate. If the recalculated estimate is less than 90% of the original estimated cost of decommissioning, the County may approve reducing the guarantee. 4. Tier 2 Battery Energy Storage Facilities which have reached the end oft their useful life or have not been in active service for aj period of one (1) year shall be removed at the facility owner/operators expense. This period may be extended by the Zoning Adminstratorifrevidence is] provided that the delay is due to circumstances beyond the 5. The facility owner/operator shall notify the Zoning Administrator by certified mail of 6. The facility owner/operator shall have twelve (12) months to complete the 7. Decommissioning shall be performed in compliance with the approved  determining the estimated decommissioning cost.  physically remove thei installation.  facility owner/operator's reasonable control.  the proposed date of discontinued operations and plans for removal.  decommissioning oft the facility.    decommissioning plan and shall include removal of all battery energy storage system components, structures, equipment, pads or foundations, cabling, roads, security barriers, transmission lines, and any other associated facilities from the site, sO that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural uses. Disturbed earth shall be graded and re-seeded. However, the landowner may request that access roads, stormwater management features, or other land surface areas not be restored. Approval of such landowner requests shall be at the zoning administrator's discretion. All materials from the property, including hazardous materials, shall be disposed ofi in accordance with local,  state, and federal law.  10-23-16.  Application Requirements for Tier 2 Battery Energy Storage Facilities. Prior to  submitting an application for a' Tier 21 Battery Energy Storage Facility, applicants shalll have aj pre- application meeting with the Zoning Administrator or his/her designee to discuss the location, scale and nature oft the proposed project and the application review process. Applications for Tier  21 Battery Energy Storage Facilities shall include the following items:  1. A completed Charlotte County Conditional Use Permit Application  2. A detailed project description including an overview of the project location; approximate capacity; description of proposed equipment including the approximate number of batteries and containers, information on the technology being used, and equipment safety features; description of screening and fencing methods; expected footprint ofthe equipment to bei installed, and buffering; and a breakdown ofthe project land by type, with associated percentages (i.e., planted pines, forested, agricultural, 3. Aerial imagery showing the proposed location, fenced area and driveways with the closest distance to all adjacent property lines, dwellings, and places of assembly 4. Fourteen hardcopies (11"X17" or larger) and one electronic copy of aj preliminary plan prepared by a licensed professional engineer including the following: a) Parcel numbers for the proposed site and adjacent properties  pasture, etc.) specified.  b) Property lines c) Existing roads  d) Existing buildings and structures  e) Proposed roads, buildings and structures including preliminary layout of the facility and related equipment, fencing, driveways, internal roads, structures and f) Distances from proposed battery energy storage systems to property lines g) The location of proposed buffers and screening elements h) Location of substation and means of connecting to the substation, ancillary equipment, buildings, and structures including those within any applicable  the location of points ofingress/egress.  setback.  5. Ad decommissioning plan as specified in Section 10-24-15.    6. A draft emergency plan including the information specified in Section 10-24-14; a final 7. A land management plan that includes a detailed description of plant selections for the landscaped buffer, maintenance ofthe poncombusible-bufer, weed control methods 8.4 Any additional items or information the County may require in order to assess  plan shall be provided as part oft the site plan review process. for the facility, and general site maintenance information.  compliance with this ordinance.  10-24-17. Community meeting. Within 30 days ofthe zoning administrator providing an applicant notice that their Tier 2 Battery Energy Storage Facility application is complete, a public meeting shall bel held with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility. The meeting shall adhere to the 1. The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time and location of the meeting, at least seven but no more than 14 2. The date, time and location ofthe meeting shall be advertised in a newspaper ofr record in the county by the applicant, at least seven but no more than 14 days, in advance oft the 3. The meeting shall be held within the county, at a location open to the general public with adequate parking and seating facilities that will accommodate persons with disabilities. Should as suitable location near the project site not be available, al location in a neighboring jurisdiction may be used as long as it is no greater than ten (10) miles from 4. The meeting shall give members ofthe public the opportunity to review application materials, ask questions oft the applicant and provide feedback; and 5. The applicant shall provide to the zoning administrator a summary ofa any input received  following:  days, in advance oft the meeting date;  meeting date;  thej project site.  from members oft the public at the meeting.  10-24-18.  2232 Comprehensive Plan Review. A 2232 review by the County is required by the  Code of Virginia ($15.2-2232) for Tier 2 Battery Energy Storage Facilities. This Code provision provides for ai review by the Planning Commission of public utility facility proposals to determine iftheir general or approximate location, character, and extent are substantially in accord with the  Comprehensive Plan or part thereof.  ARTICLE XII. DEFINITIONS  Battery Energy Storage Facility. One or more battery cells for storing electrical energy, stored in a Battery Energy Storage System ("BESS") with al Battery Management System ("BMS"). Not to include a stand-alone 12-volt car battery or an electric motor vehicle or consumer  products. Battery Energy Storage Facilities are classified as follows:    A. Tier 1 Battery Energy Storage Facilities have an aggregate energy capacity less than or equal to 600kWh and, ifin a room or enclosed area, consist of only a single energy B. Tier 2 Battery Energy Storage Facilities have an aggregate energy capacity greater than 600kWh or are comprised of more than one storage battery technology in a room or  storage system technology.  enclosed area.  Battery Energy Storage System. A physical container providing secondary containment to battery cells that is equipped with cooling, ventilation, fire suppression, and a Battery Battery Management System. An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the battery energy storage system or places it in a safe condition if potentially hazardous  Management System.  temperatures or other conditions are detected.  Alternative Regulation that would limit Battery Energy Storage Facilities 10-24-1. Principal or Accessory Use. Battery facilities shall only be permitted as: 1. An accessory use to a utility-scale solar facility, substation, or other energy generation 2. A principal use on a parcel contiguous to a utility-scale solar facility, substation, or other energy generation facility as determined by the Zoning Administrator.  to Areas with other Utility Infrastructure  facility as determined by the! Zoning Administrator; or    Al RESOLUTION REFERRING BATTERY ENERGY STORAGE SYSTEMS TO THE PLANNING COMMISSION FOR REVIEW  WHEREAS, East Point Energy has submitted a zoning text amendment application to the County, requesting battery. energy storage systems be added to the Charlotte County Zoning WHEREAS, following a public hearing on September 19th, 2024, the Charlotte County Planning Commission requested staff draft potential zoning ordinance regulations for battery energy WHEREAS, based on the review timeline established under Virginia Code S 15.2-2285, staff does not have sufficient time remaining to develop draft regulations and advertise another public WHEREAS, East Point Energy has indicated they are willing to withdraw their application to provide the Planning Commission additional time to perform their review ift the County can assure that review of battery energy storage systems moves forward; and WHEREAS, Virginia Code S 15.2-2286 and S 15.2-2286 provide that the governing body may, by resolution, refer an amendment of the Zoning Ordinance to the Planning Commission for a NOW, THEREFORE, BE IT RESOLVED that the Charlotte County Board of Supervisors hereby refers battery energy storage systems to the Planning Commission to evaluate whether it should be an allowable land use and, ifs s0, to provide recommended zoning regulations. Be ITI FURTHER RESOLVED, the Charlotte County Board of Supervisors understands: a recommendation on this matter will be provided by the Planning Commission within 100 days ofthe next Planning Commission meeting, in accordance with Virginia Code S 15.2-2285.  Ordinance as an allowable use; and  storage systems to assist them in their review; and  hearing as required by state code requirements; and  recommendation.  Adopted this gth day of October, 2024.  BY:  GA D Walker Gary Walker, Chairman Charlotte County Board of Supervisors  ATTEST:  pOg-le Daniel N. Witt, Clerk    Charlotte County, Virginia Planning Commission - Staff Report  RGINI  Meeting Date: October 17, 2024  Subject: Zoning Ordinance Lot Requirement Review  Subject Highlights  Following discussion at their August 14th meeting regarding lot sizes, the Board of Supervisors recommended referral of several lot size requirements to the Planning Commission for review. The Board unanimously adopted a resolution on September 11, 2024, referring the following  issues to the Planning Commission:  1. Minimum Lot Size for Family Subdivisions in the General Agricultural District  2. Minimum Lot Size for the Village Center District 3. Minimum Lot Size for the General Residential District  Staff also recommended the Planning Commission consider: addressing other identified issues associated with zoning district requirements including frontage and setbacks (Item 4 below), for clarity and consistency. In accordance with Zoning Ordinance $2-8-6.2, the Planning Commission  may initiate the amendment process for these additional items by motion.  1. Minimum Lot Size for Family Subdivisions in the General Agricultural District Subdivision Ordinance $2-6-1 currently addresses family subdivisions and is provided as Attachment A. Recommended changes are shown on the attachment in red. Language specifically related to the Planning Commission's: acreage determination is highlighted.  2. Minimum Lot Size for the Village Center District  At the August 14th Board meeting, Chairman Walker expressed concerns that the Village Center District's one-acre minimum lot size requirement was insufficient for lots lacking public utilities and could create issues for landowners when drain fields failed. The Board then referred the issue to the Planning Commission. Current regulations with recommended changes are provided in Attachment B. Language specifically related to the  acreage requirement is highlighted.  3. Minimum Lot Size for the General Residential District  At the August 14th Board meeting, Chairman Walker and Supervisor Davis also recommended the Board also refer the 1.5-acre minimum lot size for the General    Residential District to the Commission for review in conjunction with family subdivision and Village Center lot sizes. The Board then referred the issue to the Commission, recommending the Commission discuss establishing some consistency while taking into consideration the availability of public utilities to some General Residential parcels. Current regulations with recommended changes are provided in Attachment B. Language specifically related to the Planning Commision'sacreage determination is highlighted. County General Residential Customers Currently Served by Town Utilities  Town Provider Charlotte Court House Drakes Branch Keysville Phenix  Water Only 3 5 18 16 42  Sewer Only N/A 0 1 N/A 1  Both Water & Sewer N/A 0 12 N/A 12  Totals  4. Additional Staff Recommended Changes  Staff recommended additional changes to clarify setbacks, provide consistency, and address an identified issue associated with the frontage requirement in the General Agricultural District. Recommended changes are shown in red on Attachment B.  Planning Commission Review Timeline: Review began September 19, 2024 Staff Recommendations/Next Steps:  The Commission has 100 days, or until December 28th, to provide a recommendation  Once staff receives input from the Commission, staff will work with legal counsel to finalize  the drafts.  Ap public hearing is recommended for November.  Staff Review Record  Attachment A- Draft Family Subdivision Revisions Attachment B - Draft Zoning Ordinance Revisions    ATTACHMENT A Charlotte County, Virginia Planning Commission  IRGINIP  Report  Draft Amendments to the Charlotte County Subdivision Ordinance = Version 1  (Appendix B of the Charlotte County Code)  Draft Changes in Red  Sec. 4-3.  Lots and building sites  Lots shall be arranged in order that the following considerations are satisfied:  Sec. 4-3-1. Minimum acreage. Every lot shall comply with the minimum acreage requirements set forth within the zoning district regulations for the district within which the lot is situated unless  otherwise provided for in this ordinance. Sec. 2-6-1. Family divisions.  a. Family subdivision lots shall be a minimum ofX acres.  a-b. A single division ofa lot or parcel for the purpose ofs sale or gift to a member ofthe "immediate family oft the property owner". Only one (1) such division is tol be allowed per family member, and shall not be for the purpose of circumventing this subsection. For the purposes of this subsection ai member ofthei immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, grandchild, grandparent, sister or brother or parent oft the owner. Such a division shall be called a "family division". The applicant shall submit three (3) copies ofs said family division plat to the county for review and approval. Within 60 days of official submission, the plat shall be approved or disapproved by the subdivision agent. The applicant shall be responsible for recording the plat in the land records oft the circuit court within six (6) months of approval or it will become invalid. The family division plat shall clearly show 1) Every plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor, who shall endorse upon each such plat a certificate signed by him orl her setting forth the source oft title oft the owner(s) oft the land(s) involved ini the family division and the place of record of the last instrument(s) in the chain oft title;  the following information:  2) Date of plat; 3) Scale; 4) North arrow; 5) Adjoining property owners;  6) Bearings and distances ofall lines surveyed as part of the family division;    ATTACHMENT, A  7) Name and signature ofc owner(s) notarized; 8) Acreage of conveyed property;  9) The acreage and frontage width of the remainder or a statement certifying the surveyor's knowledge that the remainder oft the property meets the minimum acreage and frontage  width requirements;  10)Tax map section and parcel number; 12) Name(s) off family member grantee; on a state maintained road; 14)Signature block for county official; right-of-way at least 20: feet in width.  11)Plat clearly labeled FAMILY DIVISION by the surveyor;  13)Sufficient dedicated easement and right-of-way to meet VDOT standards when a lot fronts  15)All family subdivisions not fronting on a public road shall provide for the conveyance ofa  bc.A family division is permitted for a sale or gift to ai member oft the immediate family oft the property owner, subject only to the express requirements contained in the Code of Virginia, and 1) No previous transfer from the same source tract under this provision has been granted to 2) The grantee is at least 18 years of age and able to hold title to real estate under Virginia 3) Thej property owner must place a restrictive covenant on the subdivided property that would prohibit the transfer oft the property to ai nonmember oft the immediate family fora period offive (5) years. Upon application, the subdivision agent may reduce or provide exceptions to the five-year retention period when changed circumstances sO require, including but not limited to, foreclosure, death, judicial sale, condemnation, bankruptcy or permanent relocation by the owner out-of-state. Additionally, the subdivision agent may approve the transfer of property between eligible family members within the five-year retention period. Any such relief granted by the administrator shall be in the form of an instrument that the applicant shall record against the parcel in the land records oft the 4) All proposed plats for family subdivision shall include an affidavit which shall be signed by the grantor and grantee under oath and penalty of perjury that identifies the subdivision as being for the purposes of conveyance to a qualifying family member and identifies the 5)_In the event the subdivision agent determines that a family division has been used to circumvent the Subdivision Ordinance, he shall initiate the vacation ofall or part ofthe plat or plats ofthe original lot or parcel to the extent necessary to correct the violation.  the following provisions:  the grantee in the county;  law;  circuit court; and  receiving family members and their relationship to the grantor.  6-d. The approved family subdivision plat shall be recorded in the land record oft the circuit court within six  (6) months.    OF CH  Attachment B  Charlotte County, Virginia Planning Commission Report  IRGINI  Draft Amendments to the Charlotte County Zoning Ordinance - Version 1  (Appendix A of the Charlotte County Code)  Changes in Red  ARTICLEI IV. GENERAL RESIDENTIAL DISTRICT  Sec. 4-1.  Intent.  The General Residential District is intended to provide for flexible residential, public, and semipublic land uses while safeguarding against such uses as might be objectionable in a  residential neighborhood.  Sec. 4-2.  Area regulations.  The minimum lot area within the General Residential District shall be one and one-half (1.5)acres, subject to the ability to provide adequate well and septic to all dwelling units on the  lot. Sec. 4-3. 4-3-1.  Setback regulations.  Front setback- minim): All structures shall be a minimum of 35 feet from any  street right-of-way which is 50: feet or greater in width, or sixty (60) feet from the centerline ofany private road or street right-of-way that is less than 50 feet right-of-way unless the alternative front setback method, as provided for in Section 4-3-4, is used to determine front setback. Lots not fronting a street or private road shall have a minimum front setback oft twenty-five (25) feet from  the front property line. 4-3-2.  Side setback (minimum): The side yards for all principal structures must be a  minimum often (10) feet wide each and the total width oft the two required side yards shall be at least twenty (20) feet. Accessory structures shall be located a minimum of ten (10) feet from the  side property line. 4-3-3.  Rear setback-fminimum): Principal structures shall be located a minimum of  twenty-five (25) feet from the rear property line. Accessory structures shall be located a minimum  often (10) feet from the rear property line.  4-3-4.  Alternative front setback: For areas with existing development, the minimum front    Attachment B  setback may be determined by taking an average of the front setbacks for existing primary structures within five hundred (500) feet of the property and on the same street at the time of  application submittal to the County.  Sec.4-4. Sec. 4-5.  Frontage regulations. Height regulations.  Thei minimum lot width at the front setback line shall be fifty (50) feet.  Height (maximum): thirty-five( (35) feet, and up to forty-five (45) feet by conditional use permit.  ARTICLE VI. VILLAGE CENTER DISTRICT  Sec. 6-1.  Intent.  The Village Center District is 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 of community identity. Walkability, a mix of uses,  and street connectivity are all promoted within this zoning district.  Sec. 6-2.  Area regulations.  The minimum lot area within the Village Center District shall be one (1) acre.  Sec. 6-3. 6-3-1.  Setback regulations.  Front setback- ini): All structures shall be a minimum oftwenty-five (25)  feet from any street right-of-way which is 50 feet or greater in width. or fifty (50) feet from the centerline of any private road or street right-of-way that is less than 50 unless the alternative front setback method, as provided for in Section 6-3-4, is used to determine front setback. Lots not fronting a street shall havear minimum front setback oftwenty-five(25) feet from the front property  line. 6-3-2.  Side setback- fminimeny: The side yards for all structures must be a minimum of  ten (10) feet each and the total width of the two required side yards shall be at least twenty (20) feet. If adjacent to an existing residential use, side yards for principal structures must be a minimum of twenty-five (25) feet each and the total width ofthe two required side yards shall be  at least fifty (50) fect-minimumereguirewhemademttearesidemtiakuse)  6-3-3.  Rear setback (minimm): All structures shall be located a minimum often (10): feet  from the rear property line. Ifadjacent to an existing residential use, principal structures must be an minimum of (twenty-five (25) feet minimum-reguired-whem-adaentoeresidentia-ise/ftom    Attachment B  thei rear property line. 6-3-4.  For areas with existing development, the minimum front setback may be  determined by taking an average oft the front setbacks for existing primary structures within five hundred (500) feet oft the property and on the same street at the time of application submittal to  the County. Sec. 6-4. Sec. 6-5.  Frontage regulations. Height regulations.  The minimum lot width at the setback line shall be fifty (50) feet.  Height (maximum): 45 feet, and up to 65: feet allowed by conditional use permit.  ARTICLE III. GENERAL AGRICULTURAL DISTRICT  Sec. 3-1.  Intent.  The General Agricultural Districti isi intended toj provide forav wide range ofuses compatible with the rural environment and the preservation oft the agricultural economy, while prohibiting or limiting uses that might be objectionable or harmful to rural residents, and retaining the county's  natural assets and quality oflife.  Sec. 3-2.  Area regulations.  The minimum lot area for permitted uses shall be three acres.  Sec.3-3.  Frontage regulations.  The minimum lot frontage shall be 275-200 feet at the setback line for lots fronting on an existing state Pt#e line for-lots EwAnyonae state read. For lots not fronting on a state road and served only by a private road, private driveway or access easement, no frontage requirement shall apply, provided that said lots shall not have a depth  ofmore than three and one-half (3.5) times their width.  Sec.3-4. 3-4-1.  Front Setback regulations.  Front Setback: All structures shall be at least 60 feet from any State maintained  road right-of-way or 125 feet or more: from the center line ofany State: maintained road, whichever is greater. All structures shall be 75-seventy (70) feet or more from the centerline ofany privately maintained roadinanepvalreisidmiaksuhlivision. Lots not fronting on a street or private road shall have a minimum front setback of seventy (70) feet from the front property line. The alternative front setback method, as provided for in Section 3-4-2, may also be used to determine    Attachment B  front setback. 3-4-2.  Alternative Front Setback: For areas with existing development., the minimum front  setback may be determined by taking an average of the front setbacks for existing primary structures within five hundred (500) feet of the property and on the same street at the time of  application submittal to the County.  Sec. 3-5. 3-5-1.  Yard regulations.  Side. The: minimum side yard for each principal structure shall be at least 50 feet,  and the total width of the two required side yards shall be at least 100 feet. Accessory structures shall be located at least 10 feet from the property line. All structures shall be at least 100: feet from  the boundary of any General Residential or Village Center zoning district.  3-5-2.  Rear. Each principal structure shall have a rear yard of at least 70 feet. Accessory  structures shall have ai rear yard of at least 10: feet.  Sec.3-6.  Height regulations.  The maximum height ofany non-agricultural structure shall not exceed 50 feet.  ARTICLE VIII. GENERAL INDUSTRIAL DISTRICT  Sec. 8-1.  Intent.  The General Industrial District is intended to provide areas to accommodate industries and industrial activity which will provide an economic benefit to Charlotte County and its citizens, and which will have a minimal effect on adjacent properties and land uses. The Regulations in this article provide for buffering from incompatible uses, but also encourage important employment  centers to locate within this district.  Sec. 8-2.  Area regulations.  Thei minimum lot area within the General Industrial District shall be one and one-halfacres.  Sec. 8-3. 8-3-1.  Setback regulations.  Fronts setbackmininum): All structures shall be a minimum often (10) feet from  any street right-of-way which is fifty (50) feet or greater in width. or forty (40) feet from the centerline of any private road or street right-of-way which is less than fifty (50) feet. Lots not fronting a street or private road shall have a minimum front setback oft ten (10) feet from the front property line of any industrial zoned property and fifly (50) feet from any non-industrial zoned  property.    Attachment B  8-3-2.  Side selback-mininum): The side yards for all structures must be a minimum of  ten (10) feet each and the total width of the two required side yards shall be at least twenty (20) feet. Ifadjacent to a non-industrial zoned property, side yards for principal structures must be a  minimum oftwenty-five (25) feet.  8-3-3.  Rears setbackminimwm): All structures shall be located a minimum oft ten (10) feet  from the rear property line. Ifadjacent to a non-industrial zoned property, rear yards for principal  structures must be a minimum of fifty (50) feet.  Sec. 8-4. 8-4-1. 8-4-2.  Frontage and yard regulations.  Lot Width. The minimum lot width at the setback line shall be 50: feet. Lot Coverage. Buildings or groups ofbuildings including any accessory buildings  may cover up to seventy (70) percent of the land area oft the lot.  Sec. 8-5.  Height regulations. Height (maximum): sixty-five (65) feet    Charlotte County, Virginia Planning Commission Report  RGINI  Meeting Date: October 17, 2024 Subject: General Staff Report  General Staff Report  1. Solar Update:  CPV County Line Solar- On September 27, 2024, CPV County Line Solar, LLC filed its Amended Application for Certificates of Public Convenience and Necessity for a Solar Generating Facility Totaling 150 MW/aci in Charlotte County, Virginia. Through its Application, CPV: seeks approval of CPCNS for the construction and operation of: (1)as solar generating facility ("Solar Generating Facility") totaling up to 150 megawatts alternating current ("AC"); (2) a set of 34.5 kilovolt ("kV")n medium voltage feeder lines ("Feeder Lines") and associated facilities necessary to interconnect the Solar Generating Facility to a collector substation ("Collector Substation";and 3)transmission lines and associated facilities necessary to interconnect the Collector Substation to the transmission grid, including a 115 kV generation-tie line ("Gen-Tie Line")to interconnect the Collector Substation to the Virginia Electric and Power Company ("Dominion") transmission system at the Madisonville Substation. The transmission and associated facilities, and the Collector Substation, are collectively referred to as the "Interconnection Facilities. ." The Solar Generating Facility, Feeder Lines, and Interconnection Facilities are collectively referred to  as the "Project."  Charlotte Solar 1- Gibson Project- No updates to report on this project. Charlotte Solar 2- Austin Goldman Project- No updates to report on this project. Tall Pines Solar - No changes were reported by Dominion ini the tentative timeline for this Dominion has issued a notice for bids for an engineering firm to design the project.  project.  Project bid (Contractor): Q3 2024 Anticipated CPCN approval: Q2 2026 Start of construction: Q3 2026 COD: Q42028  Courthouse Solar- Staff has received the amended site plans for this project and Summit Engineering should complete the review by the end of October. Pending the review process, the project should begin construction in either Q4 of 2024 or Q1 of2025. Randolph Solar - Dominion continues working on a plan for the development of a portion of the 20,000+ acres under contract/control. Engineering is currently designing the project based  on the best location for the panels tol be placed.    Quarter Horse Solar (Previously Moody Creek) - On September 13th Mr. John Janson filed a motion on behalf of Ronald Lacks, Roy Ayers, Michael Dick, Matthew Shaw, Susie Lenhart, and Danny &. Jill Duncan appealing the Board's decision for approval oft the amended CUP and Siting Agreement for this project. After the previous fillings from Mr. Janson on other projects, Judge H. Thomas Padrick, Jr. required court approval prior to any filings by Mr. Janson. Because oft the time-sensitive nature oft this filing, Judge Padrick permitted the suit to be filed, pending a determination by the court that this new matter has merit. Briefs are due back to the court The county has received the first payment of $520,833.75 from Dominion. The Board's original intent was that revenue from this project, formerly Moody Creek, would pay for the County's P25 communications system that went into full operations in September 2021. The revenue would include debt service, operations and maintenance payments. Staff will provide additional details to the Board in November; however, staffi is still going on that premise- unless  from both sides on or before October 18th.  otherwise directed.  The estimated project schedule is as follows: Project bid (Contractor): Q32025 Anticipated CPCN approval: Q2 2027 Start of construction: Q3 2027 COD:Q42029  2. Other Solar Project Applications  Red Oak Solar -S Staff completed a review of a preliminary application resubmittal from Yarotek at the applicantsrequest. Staff provided feedback on the new project map and revised narrative. Yarotek opted to forgo a meeting with staff at this time and has not Other Projects - Staff have received multiple other inquiries regarding solar projects. While several new applications are expected ini the next few months, no additional applications have  provided a timeline for their application resubmittal.  been received at this time. 3. Other CUP Applications 4. Training Opportunities  No pending applications are under review ati this time.  VCU's Land Use Education Program has posted their 2025 Certified Planning Commissioner Training Program schedule. They will be offering sessions in Richmond and a virtual session as well. If you are interested in participating in this opportunity, please let staff know. The  schedule is available at tpsy/Curauedu/anduse-education)