HENRY COUNTY BOARD OF ZONING APPEALS MINUTES OF MEETING October 23, 2024 The regular meeting of the Henry County Board of Zoning Appeals was held on Wednesday, October 23, 2024, in the Summerlin Board Room oft the Henry County Administration Building at 1 pm. Chairman Manker Stone, Paul Setliff, Lisa Spencer, Deborah Hairston, and Stuart Warren were in attendance. Recording Secretary, Wanda Setliff, Planner/Community Development Specialist, Micah Montgomery, and Director of Planning, Zoning, and Inspection Motion to approve the minutes of September 25, 2024, was made by Paul Setliff, seconded by Lee Clark were also in attendance. Stuart Warren, and followed by a unanimous vote. S-24-08 New Energy Equity/Henry Solar1,LLC A request for a Special Use Permit has been received under Section 21-1801 through 21-1808; and 21-302 of the Zoning Ordinance to allow for the construction of a Large-Scale Solar Energy Facility. The property is located on the east side of Meadowood Trail, approximately 1.2 miles north of Preston Road, in the Horsepasture District, and is zoned as Agricultural District A-1. The Tax Map is 50.1/2,4,102,102A. The proposal is to develop a 4MW solar facility on 27- Staff has reviewed the application and suggests the BZA add the following minimum conditions 1. The site shall be maintained in compliance with standards contained in applicable federal, state, local building codes, and erosion and sedimentation control standards and 2. Site must be developed in substantial compliance with the submitted concept plan. 3. Existing mature tree growth and natural land forms on the site shall be preserved to the 4. Must comply with all other requirements of Sections 21-1801 through 21-1808. 5. Sound curtains must be around pile driving machine during use. 6. Pursuant to State Code Section 15.2-2316.6 through 15.2-2316.9, a siting agreement must be submitted and accepted by the Henry County Board of Supervisors(lowing a properly advertised public hearing) and prior to any land disturbance permits or building 7. Special Use Permit must be exercised through the issuance of land disturbance and 8. Decommissioning bond must be submitted prior to the issuance of any building or land disturbance permits. Value ofthis bond shall not include credit for salvage value. acres ofa 92-acre parcel. as part ofany motion to approve. regulations. maximum extent possible. permits being issued to the subject project. building permits within 5 years. The public hearing opened at 1:04. Manker Stone asked if anyone present would like to speak on behalf oft the Special Use Permit. Grif Jones from New Energy Equity addressed the board, explaining that the company chooses sites by assessing the available capacity in the grid. They identify locations with accessible power and then send mailers to property owners to gauge interest. Afterward, they confirm that This project will be a 4 MW AC Shared Solar Farm including approximately 20 acres of fenced project area, necessary tree clearing, and an access road. This site was selected due to its physical characteristics and proximity to existing electrical infrastructure and distribution lines. This project will not impact any known wetlands, streams, or mapped floodplains. The only endangered species noted on the US Fish and Wildlife database are bat species and it is noted that these species only need to be considered for projects involving wind turbines. Mr. Jones addressed the following Henry County Code requirements: the properties are zoned appropriately. 1. Right to use Property-New Energy Equity LLC has executed Option for Land Lease and 2. Decommissioning-The plan details procedures and costs associated with removing the solar farm at the end ofits useful life or when it has ceased operating for 12 months. 4. Visual Impacts-The project site is mostly surrounded by trees at present and a buffer of trees will remain around the proposed solar array to limit any possible visual impacts. 5. Signage-Required signage will be placed at key locations on the outside of the project 6. Noise-The only noise typically associated with a solar farm is generated by the power 7. Setbacks-Project fence line will be approximately 1200 feet from the ROW of Meadowood Trail and there will be a minimum 20-foot vegetated buffer included in the 8. Fencing-The entire solar farm will be surrounded by 8-foot-high fencing with a self- 9. Vegetative Buffer & Landscape Plan-There will be a minimum 20-foot vegetated buffer included in the setback between the fence and property line. Where needed Arborvitae Green Giant, two rows 10 feet apart, staggered planting 5-6' tall to ensure the site is 10. Pollinator Habitats-A specially developed seed mix for solar farms will be used to 11. Height-The maximum height of panels at full tilt is generally between 8 and 12 feet. 12. Lighting-Lighting will be limited to what is needed to ensure security together with any 13. Density and Location-This project falls within the 1% cap in Henry County along with 14. Entry and Inspection-Designated county officials will be allowed access to the property 15. FAA regulations-The project will comply with all applicable local, state and federal laws, Easements 3. Liability Insurance-The limits of $2,000,000 for each occurrence. fence. inverters which convert DC power to AC power during daylight hours. 50-foot setback between the fence and any property line. locking gate per National Electric Code. screened from adjoining properties. enhance pollinator habitat. lighting required by local or state laws. the 2.5% density requirement. for inspection purposes. rules, regulations, permit requirements and ordinançes. 2 Lee Clark raised a question regarding the agreement with AEP concerning the minimal bill for low- to moderate-income residents who choose to participate in this program. Mr. Grif Jones responded, "I do not know, and Ia am not sure AEP has an agreement yet." Lee Clark replied, "That is my understanding as well. How can we determine if this project will be viable if we do Grif Jones, I have calculated some figures, and while the program has not been finalized yet, what happens if we wait for it to be approved and then find ourselves with 20 projects ahead of us? We could miss the opportunity. If the program is not approved, the worst that could happen Lee Clark clarified that when figuring the commission bond the salvage value is not a part of the Mr. Clark raised concerns referring to the noise level of the inverters being used for the project. He asked whether these inverters would be mounted on racks or be free-standing. Grif Jones responded that the inverters would be mounted on racks at the end of the rows on the inside. Lee Clark then inquired about the noise level at the property line, asking ifi it would be at 40 decibels. He also wanted to know the distance of the inverters from the property line. Grif Jones Lee Clark remarked that since the closest neighbor is 900 feet away, they shouldn't be able to not know the rate?" is that we will not proceed with the project." calculations. replied that they were roughly 40 feet away. hear any noise from the inverters. Manker Stone inquired ifa anyone wanted to speak on behalfofthis project. Matt Davis from the Reed Creek District asked if someone could explain how the decommissioning bond works. Lee Clark responded that the bond serves as an insurance policy. Ift the company either ceases to exist or abandons the project, the bond ensures that the County will have the necessary funds to hire someone to dismantle the solar site. Manker Stone inquired if anyone wanted to speak in opposition oft this project. must consist oft trees that are evergreen. Lee Clark responded, "Yes." KC Merrill asked about the 20-foot landscape buffer, specifically ift the ordinance requires that it The public hearing closed at 1:38. Manker Stone asked for comments from the board. Paul Setliff made a motion to approve the Special Use Permit including the recommended conditions from staff. Stuart Warren seconded the motion followed by a unanimous vote of5-0. 3 S-24-09 New Energy Equity/Henry Solar 2,LLC A request for a Special Use Permit has been received under Section 21-1801 through 21-1808; and 21-302 of the Zoning Ordinance to allow for the construction ofal Large-Scale Solar Energy Facility. The property is located on the east side of Meadowood Trail, approximately 1.2 miles north of Preston Road, in the Horsepasture District, and is zoned as Agricultural District A-1. The Tax Map is 50.1/2,4,102,102A. The proposal is to develop a 2MW solar facility on 18.99- Staff has reviewed the application and suggests the BZA add the following minimum conditions 1. The site shall be maintained in compliance with standards contained in applicable federal, state, local building codes, and erosion and sedimentation control standards and 2. Site must be developed in substantial compliance with the submitted concept plan. 3. Existing mature tree growth and natural land forms on the site shall be preserved to the 4. Must comply with all other requirements of Sections 21-1801 through 21-1808. 5. Sound curtains must be around pile driving machine during use. 6. Pursuant to State Code Section 15.2-2316.6 through 15.2-2316.9, a siting agreement must be submitted and accepted by the Henry County Board of Supervisorsfiollowing a properly advertised public hearing) and prior to any land disturbance permits or building 7. Special Use Permit must be exercised through the issuance of land disturbance and 8. Decommissioning bond must be submitted prior to the issuance of any building or land disturbance permits. Value of this bond shall not include credit for salvage value. 9. Inverter specifications to remain same or lower decibel levels for this site. acres ofa 41.31-acre parcel. as part of any motion to approve. regulations. maximum extent possible. permits being issued to the subject project. building permits within 5 years. The public hearing opened at 1:46. Grif. Jones explained that this project involves a 2 MW installation located on the eastern side of the creek, making it less visible. The two projects will be constructed under the same guidelines Manker Stone inquired if anyone wanted to speak on behalf or in opposition of this project. No KC Merrill questioned whether the actual noise level, expressed in decibels, is louder than what Inr response, Lee Clark said, "The County has a noise ordinance, but it does not cover this type of Therefore, the County has no recourse. The only way to regulate this issue would be to add a but not simultaneously; Henry Solar 1 will be built first. one came forward. was stated in the application. Will the County have any recourse in that case? noise." condition to the approval of the Special Use Permit. The public hearing closed at 2:03 4 Paul Setliff made a motion to approve the Special Use Permit including the recommended conditions from staff. Deborah Hairston seconded the motion followed by a unanimous vote of 5-0. The meeting adjourned at 2:05. 250h LeeH H. Clark, Secretary 5