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14SN0590 CASE MANAGER: Darla Orr August 27, 2014 BS ADDENDUM BOS Time Remaining: 365 days 14SN0590 Virginia Electric and Power Company, Attn: Real Estate And Philip Morris USA Inc., c/o Altria Client Services, Attn: Charles E. Nunnally, Jr., Real Estate Mrg Bermuda Magisterial District 4100 Bermuda Hundred Road REQUESTS: Request I: Rezoning from Agricultural (A) to Heavy Industrial (I-3) on 26.8 acres Request II: Conditional Use to permit a solar electric power generation facility on 24.8 acres which includes 10.8 acres of the 26.8 acre tract proposed for rezoning to Heavy Industrial (I-3) and 14 acres of an adjacent tract currently zoned Heavy Industrial (I-3). PROPOSED LAND USE: A solar electric power generation facility is planned. Heavy Industrial (I-3) uses would also be permitted. recommendation for this case. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AS OUTLINED ON PAGE 2 AYES: MESSRS. WALLIN, BROWN AND WALLER. ABSENT: MESSRS. GULLEY AND PATTON. Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ ­»®ª·½» ______________________________________________________________________________ CASE HISTORY ______________________________________________________________________________ Planning Commission Meeting (8/19/14): Mr. Gulley recused himself from the hearing, indicating he had a conflict of interest since he is a former employee of Altria. The applicants representative accepted the recommendation. A citizen spoke expressing concerns that the project seemed larger than had been originally communicated with area residents; that the Bermuda Hundred area, while historic, is still an active residential area; and, questioned whether recent news reports on the effects of solar power generation facilities on birds had been considered. The applicant representative advised of the outreach to area citizens by both Phillip Morris and Dominion; explained the application acreage included access to the solar facility; indicated with graphics that the planned solar facility is within the existing industrial complex; and, explained that the recent news reports were about a completely different type of solar facility. Mr. Waller indicated he was comfortable that ample notification was given to area citizens and that the applicant representative had adequately answered the questions expressed by the speaker. He stated he visited the site and felt approval was appropriate. On motion of Mr. Waller, seconded by Dr. Brown, the Commission recommended AYES: Messrs. Wallin, Brown and Waller. ABSENT: Messrs. Gulley and Patton. The Board of Supervisors, on Wednesday, August 27, 2014 beginning at 6:30 p.m., will take under consideration this request. î ïìÍÒðëçðóîðïìßËÙîéóÞÑÍóßÜÜ CASE MANAGER: Darla Orr August 19, 2014 CPC August 27, 2014 BS BOS Time Remaining: REQUEST ANALYSIS 365 days AND RECOMMENDATION 14SN0590 Virginia Electric and Power Company, Attn: Real Estate And Philip Morris USA Inc., c/o Altria Client Services, Attn: Charles E. Nunnally, Jr., Real Estate Mrg Bermuda Magisterial District 4100 Bermuda Hundred Road REQUESTS: Request I: Rezoning from Agricultural (A) to Heavy Industrial (I-3) on 26.8 acres Request II: Conditional Use to permit a solar electric power generation facility on 24.8 acres which includes 10.8 acres of the 26.8 acre tract proposed for rezoning to Heavy Industrial (I-3) and 14 acres of an adjacent tract currently zoned Heavy Industrial (I-3). PROPOSED LAND USE: A solar electric power generation facility is planned. Heavy Industrial (I-3) uses would also be permitted. PLANNING COMMISSION RECOMMENDATION THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR MEETING ON TUESDAY, AUGUST 19, 2014. STAFF WILL ADVISE THE BOARD OF THE STAFF RECOMMENDATION Recommend approval of Request I (Rezoning) for the following reason: The proposed zoning conforms to the Comprehensive Plan which suggests the property is appropriate for Industrial use. Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ ­»®ª·½» Recommend approval of Request II (Conditional Use) for the following reasons: A.The proposed land use conforms to the Comprehensive Plan which suggests the property is appropriate for Industrial use and that the County should promote developments that incorporate alternative energy sources such as geothermal, solar and wind. B.As conditioned, the proposed land use would be compatible with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY PROFFER CONDITIONS.) CONDITIONS: 1. that is a minimum height of nine (9) feet. (P) Except for security lighting, the Solar Facility shall not be lit. (P) 2. An anti-reflective surface treatment shall be incorporated or applied to the glass of each 3. eflection and minimize glare. (P) The maximum height of the PV Modules, including the ground-mounted racking 4. structures, shall not exceed a height of twelve (12) feet. (P) 5. The Solar Facility shall be completely decommissioned and the land reclaimed within twelve (12) months after the Solar Facility is no longer in use. Details of the decommissioning and reclamation plans shall be included for review and approval in conjunction with site plan review. (P) GENERAL INFORMATION Location: The request property is located on the north line of Bermuda Hundred Road, east of Allied Road and better known as 4100 Bermuda Hundred Road. Tax ID 836-652-Part of 9209. Existing Zoning: A and I-3 Size: 40.8 acres î ïìÍÒðëçðóîðïìßËÙîéóÞÑÍóÎÐÌ Existing Land Use: Industrial (Phillip Morris USA) Adjacent Zoning and Land Use: North I-3; James River, industrial or vacant South, East and West A and I-3; Industrial or vacant UTILITIES Public Water System: The existing building is connected to the public water system. The proposed solar energy use will not impact the public water system. Use of public water will be required for the construction of any new building on this site. Public Wastewater System: The existing building is connected to the public wastewater system. The proposed solar energy use will not impact the public wastewater system. Use of public wastewater will be required for the construction of any new building on this site. ENVIRONMENTAL; COUNTY TRANSPORTATION; AND VIRGINIA DEPARTMENT OF TRANSPORTATION This request will have a minimal impact on these facilities. Fire Service: The Enon Fire Station, Company Number 6, and the Rivers Bend Fire Station, Company Number 18, currently provide fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. LAND USE Comprehensive Plan: The Comprehensive Plan suggests the property is appropriate for Industrial use. Moderate to intense manufacturing uses (General (I-2) and Heavy (I-3) Industrial uses) that are generally dependent upon the processing of raw materials, and uses normally associated with outside storage areas would be appropriate. The Plan also suggests that the County should promote developments that incorporate alternative energy sources such as geothermal, solar and wind. í ïìÍÒðëçðóîðïìßËÙîéóÞÑÍóÎÐÌ Area Development Trends: The area is characterized mainly by industrial zoning and uses (Phillip Morris USA, Dupont and Honeywell). Adjacent property to west is zoned Agricultural (A) and is vacant. Properties at the eastern terminus of Bermuda Hundred Road are zoned Agricultural (A) and are occupied by a number of historical residential and public/semi-public buildings which were part of the historic Bermuda Hundred, the first incorporated town in the Virginia which was founded by Sir Thomas Dale in 1613. It is anticipated that industrial use will continue in the area, as suggested by the Plan. Zoning History: On October 12, 1966, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning from Agricultural (A) to Industrial (M) on 500 acres of which the subject property is a part. There were no conditions of approval. On February 14, 1973, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning from Light Industrial (M-1) to Agricultural (A) on 640 acres of which the subject property is a part. There were no conditions of approval. Use: Request I (Rezoning): The applicant proposes rezoning of 26.8 acres from Agricultural (A) to Heavy Industrial (I-3). Permitted uses would include the solar facility (limited to 10.8 acres) and those uses permitted by-right or with restrictions in the Heavy Industrial (I-3) District. The applicants request this rezoning because a portion of the industrial (Phillip Morris USA) complex is zoned Agricultural (A). Rezoning this portion of the property to Industrial (I-3) would make its zoning consistent with the rest of the complex. Request II (Conditional Use): A solar electric power generation facility 24.8 acres which includes 10.8 acres of the 26.8 acre tract proposed for rezoning to Heavy Industrial (I-3) and 14 acres of an adjacent tract currently zoned Heavy Industrial (I-3). The Zoning Ordinance requires conditional use approval for electric power generation in the Heavy Industrial (I-3) District. Electricity generated by the proposed facility would be used by the existing industrial uses and distributed for use by others. The proposed solar facility and transform it into electricity. This is referred to as a solar array or photovoltaic (PV) system which includes an arrangement of components designed to supply useable electric power ì ïìÍÒðëçðóîðïìßËÙîéóÞÑÍóÎÐÌ using the sun as the power source. The proposed facility is planned as part of permitted under an order by the State Corporation Commission (SCC). The solar facility would be comprised of approximately 2.2 Megawatts (MW) of direct current (DC) from the planned crystalline-silicon PV modules (solar panels). DC to alternating current (AC) inverters will then allow connection to the utility grid. The applicant indicates that this facility will be the largest ground solar facility to-date and part of the between thirty (30) and fifty (50) solar facilities that will be constructed at various locations across Virginia. Site Development: The property is currently occupied by industrial use (Phillip Morris USA) or is vacant and is located within an Emerging Growth District Area. In addition to the conditions suggested with this case, development of the property must comply with the Zoning Ordinance requirements for industrial uses within the Emerging Growth District Area. The Emerging Growth District standards promote high-quality, functional and well-designed projects and address parking, landscaping, architectural treatment, setbacks, buffers and screening. Request II (Conditional Use): The solar facility is proposed on two (2) undeveloped building pad sites as Vanasse Hangen Brustlin, Inc. (Attachment) The solar facility would be a ground solar system where solar panels are mounted on steel racking structures. Condition 4 recommends a maximum height for these structures of twelve (12) feet (Condition 4). Typical examples of ground-mounted solar facilities are attached. (Exhibit B) In addition to compliance with the proposed conditions and other laws/ordinances as applicable, development of the solar facility would be allowed by the ) energy project. Permit by Rule requires compliance with established criteria including, although not exclusively, analysis of potential environmental impacts, and beneficial and adverse impacts on natural resources. Security and Lighting: To ensure safety, Condition 1 would require installation of a security fence. In addition, Condition 2 would preclude site lighting except for security lighting. ë ïìÍÒðëçðóîðïìßËÙîéóÞÑÍóÎÐÌ Reflection and Glare: The applicants indicate that the PV panels are covered with glass and can act as a reflective surface much like windows of buildings, motor vehicles or water. In addition, the applicants indicate the panels will be silver anodized aluminum frames with PV cells overlaid with a smooth glass. To diffuse reflection and minimize glare, a condition is recommended to require an anti-reflective surface treatment to be incorporated or applied to the glass. (Condition 3) Decommissioning & Reclamation; When the useable life of the solar facility has been reached, the structures should be removed and the property reclaimed. Condition 5 would require the solar facility to be decommissioned and the land reclaimed within twelve (12) months after the solar facility is no longer in use. Details of these plans would be required to be submitted for review and approval in conjunction with site plan review. CONCLUSION A portion of the industrial complex is zoned Agricultural (A). Rezoning this portion of the property to Industrial (I-3) consistent with the rest of the complex is proposed. This Industrial (I-3) zoning complies with the recommendations of the Comprehensive Plan which suggests the property is appropriate for Industrial use. The applicants indicate that the proposed solar facility would be the largest ground-mounted solar facility to-date in Virginia. This proposed land use conforms to the Comprehensive Plan which suggests the property is appropriate for Industrial use. The Plan further suggests that the County should promote developments that incorporate alternative energy sources such as geothermal, solar and wind. With the recommended conditions, the proposed land use would be compatible with existing and anticipated area development. Given these considerations, approval of Request I (Rezoning) and Request II (Conditional Use) is recommended. ______________________________________________________________________________ CASE HISTORY ______________________________________________________________________________ Staff (8/3/14): If the Planning Commission acts on this request on August 19, 2014, the case will be considered by the Board of Supervisors on August 27, 2014. The Board of Supervisors, on Wednesday, August 27, 2014 beginning at 6:30 p.m., will take under consideration this request. ê ïìÍÒðëçðóîðïìßËÙîéóÞÑÍóÎÐÌ ÷ÄÄÔÓÚÓÈúú