* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] ON, [Planning Commission on August 26, 2024.] UH, GOOD EVENING EVERYONE. I'D LIKE TO CALL THIS PLANNING COMMISSION, UH, MEETING ON, WELL, AUGUST THE 26TH TO, UH, ORDER, I ASK THAT WE ALL STAND PLEDGE FLAG PLEDGE ALLEGIANCE TO FLAG OF THE UNITED STATES SENATOR TO THE REPUBLIC OR SUSTAIN ONE NATION AND ALL. UH, ASK FOR ROLL CALL. OKAY? YES. DEAR BEARMAN, MS. G COGAN. MR. HORTY, PRESENT. MS. JENKINS? HERE. QUE HERE. PIERCE, PRESENT? MR. NEWEY? PRESENT? MR. HERE? OKAY. ALL RIGHT. THE NEXT THING IS THE ADOPTION OF THE MEETING AGENDA. MR. CHAIRMAN, I, MINUTES AGENDA SECOND. PROPERLY MOVED A SECOND THAT THE, UH, ADOPTION OF THE MEETING, VIRGINIA, ALL THOSE IN FAVOR SIGNIFY SAYING AYE. AYE. UH, THE OPPOSED NO. UM, THE CONSENT ITEMS, THE DISPOSITION OF THE MINUTES, UM, JANUARY THE 29TH, 2024. ARE THERE ANY CORRECTIONS MR. MR. BROCK? CHAIRMAN? RIGHT. UM, FOR THE, WHAT, RIGHT NOW WE HAVE, WE DO NOT HAVE THE, THE CORRECTED, THE FINISHED, UH, EDITED MINUTES FOR THE 29TH, AND ALSO THE, UM, UH, COMMISSIONER CHI HAS OFFICER, UH, SUGGESTED SOME ADDITIONAL CHANGES FOR THE, FOR MAY 20TH THAT WE STILL NEED TO RE TO REVIEW AND REVISE FOR THOSE SETS MINUTES. SO THOSE, AND WE WOULD RECOMMEND THOSE, UM, MINUTES BEING TABLED AT THAT AT THIS TIME FOR WAIT FOR THE NEXT MEETING. OKAY. UM, SO JANUARY THE 29TH, UH, MINUTES WILL BE TABLED TO THE NEXT MEETING. CORRECT? AND, UH, ALSO MAY THE 20TH. CORRECT. SO THAT LEAVES JUNE THE 24TH. UH, SO DO WE HAVE ANY, UH, NOTED CORRECTIONS FOR THOSE? HEARING NONE. I'LL ENTERTAIN A MOTION THAT WE ACCEPT THE MINUTES AS PRESENTED. MR. CHAIRMAN, I'D LIKE TO, UH, MAKE A MOTION SECOND TO, UM, TO TABLE, UH, DISPOSITION OF MINUTES A JANUARY 29TH, 2024, AND B MAY 20TH 24. AND, UH, APPROVED C JUNE 24TH, 24 MINUTES. SECOND. IT'S BEEN PROPERLY MOVED TO SECOND THAT WE TABLED JANUARY 29TH, 2024 MEETING AND MAY 20TH, 2024 MEETINGS TO OUR NEXT MEETING AND APPROVE THE JUNE 24TH MINUTES AS, UM, PRESENTED. ALL THOSE IN FAVOR SAY BY, BY SAYING, AYE A. AYE. OPPOSED? OKAY. NEXT THING ON THE AGENDA IS, UH, DRAFT SOLAR ORDINANCE AMENDMENT. AND, UH, I'LL ASK MR. WADE, IS THAT IT? YES, SIR. THANK YOU, CHAIRMAN. AND THIS IS GONNA BE A GROUP EFFORT, NOT JUST A, NOT JUST A HORACE WADE PLAN DIRECTOR. UH, WE'RE, WE'RE, WE'RE GONNA BE DISCUSSING THIS, AND WE DID HAVE OUR ZONING SUBCOMMITTEE MEET LAST THIS PAST THURSDAY TO REVIEW THE DRAFT ORDINANCE. UM, AND WE, WE HAD A GOOD DISCUSSION TO REVIEW THE ENTIRE ORDINANCE, BUT THERE'S SOME KEY POINTS THAT ARE ON YOUR TABLE RIGHT NOW THAT, UM, AS, AS THE, AS THE COMMITTEE MET, THEY THOUGHT THIS, THESE WERE IMPORTANT TOPICS TO CONSIDER FOR THE ENTIRE COMMISSION, UH, MS. CHEEK, SO, SO KINDLY, UM, TYPE THESE UP AND, AND I, I, ONLY THING I DID WAS FORMAT IT. SO JUST TO LET YOU KNOW, MS. MS. CHEEK WAS TIGHT ENOUGH TO PRI PRESENT EVERYTHING AS, AS WE DISCUSSED, UM, AND, AND IT UP FOR DISCUSSION FOR THE, FOR THE ENTIRE COMMISSION. UM, BUT THESE ARE, THESE ARE SOME OF THE TALKING POINTS THAT WE FELT AS THOUGH THE REST OF THE COMMISSION SHOULD [00:05:01] WEIGH IN ON BEFORE WE, WE PUT IT TO, UM, TO THE COMMIT THE REST OF THE COMMISSION TO SAY THIS IS, THIS IS THE DRAFT ORDINANCE. UM, TO PRECLUDE THIS DISCUSSION IS ONLY ABOUT, UM, COMMUNITY SCALE. AND YOU, THIS ORDINANCE RIGHT NOW, THIS SECTION THAT YOU HAVE REPORTED, THE DRAFT ORDINANCE RIGHT NOW IS ONLY UTILITY SCALE AND COMMUNITY SCALE. WE'LL BE DISCUSSING DISTRIBUTED SOLAR, WHICH IS FOR LIKE RESIDENTIAL OR BUSINESSES THAT, UM, AS AN ANCILLARY USE, UM, FOR CONSUMPTION ON THAT PROPERTY. THIS IS ONLY FOR UTILITY SCALE OR SOME OF THE LARGER, UM, PROJECTS RIGHT NOW. WE WILL HIT UP ON THOSE OTHER ITEMS, HOPEFULLY AT THE NEXT MEETING AND HOPEFULLY LOOK FORWARD TO, UM, AN APPROVED DRAFT SO WE CAN MOVE FORWARD THE ORDINANCE, UM, TO, TO, UH, HOPEFULLY HAVE A MOTION FOR, TO SEE A NEW ORDINANCE, UM, COME AT THE NEXT PLANNING COMMISSION MEETING. BUT FOR RIGHT NOW, WE'RE LOOKING AT, UM, UTILITY SCALE OR, OR COMMUNITY SCALE, THOSE THAT ARE ONE MEGAWATT PROJECTS OR MORE. THE ONES THAT YOU, THE ONES EVERYBODY DRIVES PAST AND SAYS, LOOK AT THOSE THOUGHT IT WAS FIVE AWAY. SO THAT'S THE FIVE. THE FIVE MEGAWATT IS THE UTILITY SCALE. COMMUNITY SCALE IS ONE, ONE MEGAWATT TWO TO, TO, UM, TO, UH, TO THE, TO THE, UH, UM, BUT ANYONE, ANYONE WANNA START OFF, UH, THE TOPIC NU THE TOPIC NUMBER ONE WAS PERCENT OF LAND ENERGY PROJECTS. AND THE, ANYONE OF THE THREE OF YOU WANT TO KIND OF START OFF WITH WHERE WE WERE WITH THAT ANYWAYS, IF YOU ARE LOOKING AT PAGE ONE IN YOUR, UM, IN YOUR, YOU DO THAT ONE BECAUSE I COME UP WITH THE OH, YEAH, THAT'S FINE. WITH THAT I CAN PUT, AND I, I'M JUST GONNA READ FROM WHAT, UM, IS HERE. UM, THERE, THERE'S A PROPOSED CHANGE FOR THE, UH, FIRST STATEMENT SHALL NOT EXCEED BLANK PERCENTAGE OF THE TOTAL COUNTY ACRES TO, UM, TO SHELL AND BE MORE THAN, UH, 7% OF THE DEVELOPED LAND IN THE COUNTY OF, UH, THAT WOULD BE 10,000 ACRES FROM 600 OR 10,694 ACRES IN TOTAL. AND THE REASON WHY WE WERE LOOKING AT THAT, WE JUST COME BACK FROM A CONFERENCE OF ALL THE PLANNING DEPARTMENTS IN THE STATE OF VIRGINIA. SO MS. CHICA AND MR. MOODY WENT TO THAT WE'RE ALL ON THIS, UM, SUBCOMMITTEE AND EVERY OTHER COUNTY IN THE, OR IN THE STATE IS LIKE TWO TO 3% OF THEIR TOTAL LAND. UM, AND WE WERE AT 10%. AND, AND IT'S KIND OF LIKE, THAT SEEMS LIKE A LOT OF, LOT OF LAND FOR, YOU KNOW, FOR THIS, THE SOLAR PROJECTS OF GREEN ENERGY. SO WE ARE RECOMMENDING THAT WE GO TO 7%. THAT'S THE SUBCOMMITTEE, AND THAT'S ENTIRELY UP TO, YOU KNOW, EVERYBODY'S THINKING. OF COURSE, IT'S ALSO WILL BE UP TO THE BOARD OF SUPERVISORS, UM, YOU KNOW, UM, APPROVAL FOR THAT. IT GOES FROM, UH, I THINK WE WERE AT 15,000 ACRES OF USABLE LAND FOR SOULS AND IT DROPS US BACK TO 10,000 ACRES WITH THE LAND THAT WE HAVE AVAILABLE. AND, UH, IS THAT PRETTY MUCH THE LEGIST OF THAT PART OF THE TOPIC, MS. CHEEKS, MR. THAT WE, YEAH. UM, IT, YOU KNOW, IT DOES ALLOW US, WE'VE HAD, UM, YOU KNOW, TWO MAJOR SOLAR PROJECTS COME ON. ALMOST THE SECOND ONE'S ALMOST ONLINE, I GUESS I'M NOT QUITE SURE. BUT IT DOES GIVE THE COUNTY AN OPPORTUNITY TO REALIZE THE BENEFITS THAT WE ARE GOING TO RECEIVE FROM THAT. AND SO THAT, UM, WE'RE NOT HAVING, WE'RE NOT JUST, YOU KNOW, HAVING THESE SOLAR PROJECTS JUST COME RIGHT ONE RIGHT AFTER ANOTHER. AND THIS WAS SOMETHING WE ALSO LEARNED AT THE, AT THE, UM, MEETING. WE WENT TO DOVER, IN WILLIAMSBURG. A LOT OF COUNTIES ARE TRYING TO JUST, JUST PACE IT BETTER. AND SO THIS WOULD ALLOW US TO ALSO PACE IT BETTER TO, WHAT DID YOU THINK? THAT'S PRETTY MUCH SUMS IT UP, IS THAT, UM, MOST COUNTIES ARE JUST TRYING TO DEVELOP SOMETHING THAT CAN BE BENEFICIAL TO ALL THE CITIZENS IN THE COUNTY. AND THAT'S WHAT, YOU KNOW, WE REALLY TRYING TO DO IS THAT, YOU KNOW, IF YOU ALREADY GOT 10,694 ACRES AND THAT'S ABOUT, THAT'S WHAT WE ARE LOOKING AT, THEN WE ALREADY HAD WHAT, TWO PROJECTS OF, OF, UM, SOLAR STRATUS, WHAT WAS THAT? THAT WAS PROBABLY ABOUT 4,000 ACRES IN TOTAL. AND NOW WE GOT CAVALIER AND THAT'S ANOTHER THREE, 3000 [00:10:01] OR MORE ACRES. MM-HMM. . SO, YOU KNOW, UM, IF WE DON'T GET IT IN, REALLY WHEN YOU SAT DOWN, REALLY WHEN YOU SAT DOWN AND YOU LOOK AT IT FAR AS THE BENEFITS FINANCIALLY, YOU KNOW, UM, I MYSELF JUST DON'T SEE, WHEREAS WE CAN CONTINUE TO ALLOW THE PROCESS THAT WE ARE USING TO CONTINUE TO WEIGH. BECAUSE IF, IF WE DO, THEN WE GOING TO JUST CONTINUE TO PUT LAND INTO SOLAR. AND I DON'T THINK THE BENEFITS OUTWEIGH WHAT NEEDS TO BE DONE FOR THE CITIZENS OF LET THE COUNTY. OKAY. AND JUST FOR, FOR STAFF, JUST FOR, I THINK ONE OF THE THINGS WE TALKED, THEY TALKED ABOUT WITH THE COMMITTEE IS MAKING SURE WE KEEP OUR ORDINANCES CONSISTENT WITH OUR COMPREHENSIVE PLAN. ONE OF THE THINGS THAT, THAT IDENTIFIES WAS THAT WE WOULD MORE LIKELY NEED TO REVISIT THE COMPREHENSIVE PLAN TO MAKE SURE THAT, YOU KNOW, IF IF WE'RE SUGGESTING A, A DIFFERENT NUMBER THAN WHAT'S IN THE COMPREHENSIVE PLAN THAT WE PROBABLY SHOULD, WE'LL TAKE A REVISIT AT THAT TOO AND SAYING, OKAY, LET'S, YOU KNOW, IF, IF THE COMPREHENSIVE PLAN SAYS 10%, THEN WE NEED TO LOOK AT, AND IF WE WANNA REDUCE IT IN THE ORDINANCE, MAYBE LOOKING AT REDUCING THAT TO 7% IN THE COMPREHENSIVE PLAN, MAYBE UPDATING SOME OF THE MAPS, UM, AS WELL. UM, AND SOME OF THESE AREAS, I THINK THERE'S NOW A CERTAIN AREA ON THE MAP THAT ACTUALLY IS SOLAR, BUT IT'S NOT SOMEHOW NOT REFLECTED IN THE MAP. SO THERE'S SOME REASONS TO ACTUALLY READ, READJUST THOSE MAPS ANYWAY. UM, PROBABLY GET DIFFERENT, GET A DIFFERENT CALCULATION. BUT THAT'S ONE OF MY RECOMMENDATIONS AS WELL IS IF YOU ALL WANT TO DO THAT, THEN MY SUGGESTION WOULD ALSO BE TO LOOK AT OUR COMPREHENSIVE PLAN TO UPDATE THAT NUMBER TO REFLECT THE, THE NEW, THE NEW NUMBER. I DO HAVE ONE QUESTION. UM, I HAVE NO ISSUE WITH THE RECOMMENDATION. I, I LIKE THE RECOMMENDATION FROM THE SUBCOMMITTEE, BUT IS IT STRICTLY SOLAR OR ENERGY PROJECTS? I'M LOOKING AT THE REASONING DOWN HERE AND IT SAYS, IT TALKS ABOUT THE, THE METHANE, UH, GAS PLANT AS WELL AS THE, UH, THE PROPOSED DATA CENTER. SO ARE WE TALKING STRICTLY SOLAR WITHIN THAT 7% OR ARE WE TALKING ENERGY PROJECTS IN GENERAL? I THINK THE GENERAL FOCUS OF THAT COMPREHENSIVE UPDATE, IT, IT WAS GENERALLY FOR ENERGY PROJECTS, BUT OUR PRIMARY FOCUS WAS ON LIKE UTILITY SCALE SOLAR. THAT WAS A PRIMARY FOCUS. UM, BUT GENERALLY THE WHOLE PLAN WAS ENERGY BASED. BUT YOU'RE RIGHT THAT, THAT WE MAYBE NEED TO IDENTIFY WHAT, WHAT PERCENTAGE WE'RE LOOKING AT FOR MAYBE UTILITY SCALE. DON'T WE HAVE TO HAVE THAT DEFINITE ANSWER? BECAUSE SOMEBODY CAN COME IN AND SAY, HEY, I WANT TO DO SUCH AND SUCH, AND WE SAY WE'RE ALREADY AT OUR 7% MM-HMM, . MM-HMM . AND THEN THEY SAY, OH, WELL YOU'RE NOT, I MEAN, SO, SO THAT'S HAVE NAILED DOWN FAR AS BEING, AND SO THAT DOES LEAD TO A PLACE OF TWO OF, DO YOU SEPARATE THAT WHOLE, THE ENERGY FROM EACH OTHER OF JUST ENER ALL ENERGY AND THEN OUT OF ALL THE ENERGY, HOW MUCH OF THAT WOULD BE UTILITY SKILL? THERE'S JUST, THERE'S JUST SOME THOUGHTS. I'M NOT, I'M NOT MAKING ANYTHING UP, I'M NOT MAKING ANY RULES UP IN THERE. I'M JUST KIND OF GIVING SOME THOUGHTS FOR YOU ALL TO CONSIDER. I, I AGREE. AND I THINK WE JUST NEED TO BE MINDFUL OF THAT IF WE ARE TALKING ABOUT SOLAR SPECIFICALLY OR IF WE ARE TALKING ABOUT ENERGY PROJECTS ALTOGETHER BECAUSE, UM, MR. SE HAD MADE, MADE THE, THE POINT THAT I WAS SPEAKING OF, YOU KNOW, WHAT IF A PROJECT COMES IN AND WE ARE AT THE 7%, IT'S NOT A SOLAR PROJECT, IT'S AN ENERGY PROJECT, IT'S A PROJECT THAT BENEFITS THE COUNTY, BUT WE'VE ALREADY MET OUR THRESHOLD WITH THE PERCENTAGE OR THE ACRES OF ALLOWABLE LAND THAT'S ALREADY TIED UP IN A, IN A ENERGY PROJECT. SO I JUST, I THINK AS A COMMISSION WE NEED TO THINK ABOUT THAT. RIGHT. AND, UM, I APPRECIATE YOU BRINGING THAT UP. WE DIDN'T, UM, REALLY FIND THAT NUANCE THAT YOU JUST DID. SO, UM, I I WOULD RECOMMEND MORE THAT THAT BE PART OF OUR DISCUSSION UNLESS, I MEAN, YOU KNOW, TAKING YOUR RECOMMENDATIONS, UM, WHEN WE MEET AS A SUBCOMMITTEE, AGAIN, UM, IN THE DISCUSSION, WE WOULD JUST, WE WERE SAYING 7% ACROSS THE BOARD AND WE WOULD UPDATE THE COMP PLAN TO MATCH IT. 'CAUSE WE DID WANT THE TWO DOCUMENTS TO BE IN SYNC WITH EACH OTHER. UH, MR. WADE, UH, MR. CHAIRMAN, UM, WHERE ARE WE CURRENTLY RIGHT NOW? I DON'T KNOW WHO WAS MENTIONED, UH, APPROXIMATELY WHERE WE'RE RIGHT NOW. I THINK WE JUST LOOKED AT THAT WAS 5.41%, OR FIVE 5.4. IT, IT COULD BE MORE THAN THAT BECAUSE AGAIN, THE MAPS THAT I WAS, I WAS LOOKING AT BEFORE, I THINK THE, THE, THE GIS [00:15:02] LAYERS, FOR SOME TIME WE WERE WORKING ON THIS, ON THIS AMENDMENT, THEY WERE KIND OF SCREWY. AND SO THEY, THEY'VE BEEN, THEY'VE BEEN FIXED. SO THAT ALSO MEANS WE TO TAKE A LOOK AND SEE IF THOSE NUMBERS WERE OFFICERS SCREWY AS WELL. WE, WE HAD 5.41, BUT IT COULD, IT COULD BE MORE, RIGHT? SO, SO WE SIT, I MEAN, AND I'M NOT OPPOSED TO THE SUBCOMMITTEE TO SIT ON AT ALL. WE GOT A NUMBER ON THE TABLE. UM, SO WE'RE RIGHT THERE AT THAT THRESHOLD, LET'S JUST CALL IT. WE WE'RE, LET'S JUST CALL IT SIX, THE OFF RECORD APPROXIMATELY SIX. UM, EVERY ONE OF THOSE PROJECTS HAVE TO COME BEFORE US. MM-HMM. . UM, I, I, I'M NOT SAYING OUR NUMBERS GOOD OR BAD, BUT THEY COME BEFORE US IF WE APPROVE EVERY NIGHT AND STILL GOES FORWARD FOR APPROVAL NOW. SO DOES THAT HAVE TO, WE GOTTA GO AND CHANGE A HUNDRED PERCENT WORDING OR JUST TO PUT THIS NUMBER TO WHAT WE'RE SAYING, BECAUSE I REMEMBER WE PUT SOME, UH, WE CHANGED SOME ORDINANCE, COMMUNICATION AND ALL THOSE THINGS AS WELL TOO. UH, BUT IF WE'RE OPEN, I SAID WE PUT A NUMBER TO IT AND, UM, SOLAR COMMUNITIES AND, AND THESE PROJECT MANAGER LOOKING AT A NUMBER, IT'S GONNA BE A RACE TO THE FINISH LINE AGAIN, IS THAT IT'S GONNA BE A RACE TO TRY TO GET SUR COUNTY TO THAT 7% MM-HMM. . SO I THINK THAT NUMBER'S KIND OF, IN MY OPINION, I THINK THAT NUMBER IS KIND OF DANGEROUS. OKAY. IF WE'RE SAYING WE DON'T WANT SOLAR FARMS, BUT WE'RE GONNA GIVE YOU UP TO 7% OF SOLAR FARMS, THAT'S HOW THEY'RE GONNA READ IT. MM-HMM. , I MEAN THAT, THAT'S JUST MY OPINION. SO I'M NOT OPPOSED TO IT. I THINK IT'S A GREAT DEFINITION TO TRY TO PUT SOMETHING TOWARDS IT, BUT I DON'T WANNA HURT OURSELVES IN THE BEGINNING TOO, BECAUSE YOU WILL HAVE THE PUBLIC HEARING FROM THE CITIZENS AGAIN SAYING, HEY GUYS, YOU GUYS OPEN IT UP TO, IF YOU GUYS OPEN THE COMMUNITY UP AGAIN FOR SOLAR BARNS. I, I THINK IT'S REALLY UP TO THE COMMISSION OF WHAT THEY WANT TO RECOMMEND TO THE BOARD TOO, OF, UM, IS IT, IS THAT NUMBER THAT YOU WANT TO PUT IT IN OUR ORDINANCE, YOU WANT TO BASICALLY CODIFY AND SAY IN OUR ORDINANCE, WHEN A PROJECT COMES BEFORE YOU, IT'S LIKE, LISTEN, WE'RE ALREADY AT YOUR PROJECT'S GONNA EXCEED WHAT, WHAT OUR ORDINANCE ALLOWS, RIGHT? SO, AND WE SAID THE NEIGHBORING COMMUNITIES HAVE SHUT OFF TWO AND THREE MM-HMM. , THEY'RE NOT GOING TO THE NEIGHBORING COMMUNITY AND SIRS STILL GOT ROOM UP. MM-HMM, , I'M JUST THINKING, HAVING THOSE GUYS GO THINK ABOUT, YEAH. AND, AND, AND ONE OF THE THINGS THAT I DID SUGGESTED I SAW A COMMITTEE MEETING WAS LET'S TAKE A RE LET'S TAKE ANOTHER LOOK AT THESE NUMBERS AND SEE WHERE WE REALLY ARE. 'CAUSE I, I DO FEEL LIKE THAT NUMBER MIGHT BE A LITTLE BIT, THE NUMBER THAT WE HAVE RIGHT NOW, THE 5.4 MIGHT BE LOWER THAN WHAT WE ACTUALLY HAVE. I, I WANT TO HAVE A DEFINITE NUMBER. 'CAUSE NOW THE, THE, IF YOU LOOK ON GS, NOW, THE PARCELS ARE ACTUALLY PLAYING WELL, RIGHT? SO THEY'RE ACTUALLY LINING UP THE WAY THEY SHOULD BE BEFORE THEY WERE KIND OF DISCOMBOBULATED. AND AT THIS POINT I DO FEEL LIKE THAT IF WE HAD THE SAME PARCELS AND MAPS, THAT THEY WOULD LINE UP A LOT CLEANER TO GIVE US THE MAP THAT WE ACTUALLY NEED. AND SO I THINK THE NEXT THING IS TO GIMME A LITTLE BIT OF TIME TO SEE WHAT THOSE REAL NUMBERS ARE AND SEE IF, SEE IF IT, IF IS IT STILL 5.41? IT IT, IT COULD BE, BUT IT ALSO COULD BE 6.41. OH YEAH. I MEAN, YOU KNOW, SO LET'S, LET'S, LET'S TAKE A LOOK AND SEE WHERE WE REALLY ARE. I THINK THAT WAS, THAT WAS WHAT BEFORE WE ACTUALLY DID OUR OFFICIAL RECOMMENDATION. THE, I THINK WE'RE WAITING TO SEE WHAT THE ACTUAL NUMBER W IS BEFORE. BUT I THINK JUST KNOWING THAT IT'S 5.41, I THINK THE COMMISSION, THE SUBCOMMITTEE IS LIKE, LET'S LOOK AT SEVEN. 'CAUSE THAT WOULD, YOU KNOW, RIGHT. AND I, AND I'M SAYING NO ONE HAS TO AGREE WITH THAT WITH ME. I'M JUST SAYING, I'M JUST PUTTING IT OUT THERE. IF SURE WE GIVE A NUMBER, PEOPLE GOING TO DO THEIR BEST TO MAKE THAT NUMBER. YEAH. THERE, THERE, THERE ARE DEFINITELY PROS AND CONS THAT WE ALREADY HAVE A NUMBER AT 10%. THERE'S WELL, SO COMPREHENSIVE PLAN. THAT'S THE STRONG SUGGESTION WHEN YOU PUT IN THE ORDINANCE. THAT'S, THAT'S, YEAH. SO NOW YOU CAN, YOU KNOW, AGAIN, THERE'S A LITTLE BIT OF FLEXIBILITY WITH THAT. LESS, WE HAVE LESS LAND TOTAL THAN OTHER COUNTIES AND THEY GOT A SMALLER PERCENTAGE. RIGHT. AND, UH, SO WE, WE CAN, WE ARE ALLOWING MORE PROJECTS PER ACRE ON L LESS LAND THAT WE HAVE AVAILABLE THAN WHAT THEY HAVE ON MORE LAND. SO, UM, WE ARE, WE ARE ENDING UP, UM, GOING TO HAVE A BIGGER SOLAR FACILITY OR COUNTY TO BE MORE SOLAR PANEL. AND IF THAT'S WHAT WE WANT, THAT'S WHAT WE, YOU KNOW, WE WANT, WE WOULD JUST, I THINK AS THE COMMITTEE WE WERE LOOKING AT, YOU KNOW, UM, BECAUSE OTHER PEOPLE ARE DOING, UM, 2%, 3%, YOU KNOW, AND WE WERE LIKE WAY OVER ABOVE, AND OF COURSE I, I THOUGHT WE DID, [00:20:01] WE CONSIDERED THE, THE LAND FOR THE NUCLEAR POWER PLANT AT AT A THOUSAND ACRES. THAT'S PART OF IT. SO WE GOT YOU NUCLEAR, TWO SOLAR PROJECTS AND ACCORDING TO THE, UM, 600 ACRES OR SO FOR THE DATA INTEREST CENTER THAT WE APPROVED. AND THEN, UH, I DON'T KNOW, UM, THE ONE UP HERE WITH CAVALIER HAS, UH, ROOM ACROSS, BECAUSE THEY'RE IN THE PROCESS OF DOING WELL, WE APPROVED THAT ACROSS FROM VDO. THAT'S RIGHT. SIX FIVE AC ACRES. AND THAT'S THE ONE THAT I REALLY DON'T KNOW WHAT'S THE TOTAL ACREAGE OF THAT ONE? I'M NOT TALKING TO NO. SO, SO THAT'S WHY, YOU KNOW, ON THE COMMITTEE THAT WE WERE, WE WERE LOOKING AT, I I THOUGHT IT WAS TOTAL, WE WERE TALKING ABOUT, YOU KNOW, ALL TYPE OF GREEN ENERGY. SIR, I JUST WANNA MAKE ONE, A COUPLE CLARIFICATIONS. UH, AND, AND ONE OF THE THINGS THAT WE AS A COMMISSION YOU ALL TALKED ABOUT THAT YOU WANT TO DO, I THINK IS NOT EVEN IN OUR CONFERENCE PLAN, BUT HOW YOU WANT TO DEFINE YOUR, YOUR EVERYTHING. WE TALKED ABOUT THIS IN OUR SUBCOMMITTEE GROUP, WAS HOW SURREY COUNTY WANTED TO DO, UM, THEIR PROJECT SIZE IS BY ACREAGE, THE TOTAL ACREAGE OF THE PARCEL, NOT JUST PROJECT SIZE. BECAUSE I THINK SO, SO MANY OTHER LOCALITIES, I THINK COMPARING SUR COUNTY TO ANY OTHER COUNTIES, LIKE COMPARING APPLES TO ORANGES, BECAUSE A LOT OF TIMES THEY GO BY THE PROJECT SIZE OF THE AREA THAT'S WITHIN THE FENCE. THEY ONLY COUNT THAT AREA WITHIN THE FENCE. I THINK YOU ALL WANTED TO TAKE A LOOK AT, IF YOU'RE GONNA HAVE A SPECIAL OR A CONDITIONAL USE FOR THIS PROJECT, WE'RE GOING BY YOUR TOTAL PAR SI PARCEL SIZE, WHICH INCLUDES ALL VEGETATIVE BUFFERS, EVERYTHING THAT'S THERE. EVEN EVEN IF THERE'S A HOUSE. THEY WERE COUNTING THAT IF YOU'RE KEEPING THE PART OF THE PARCEL, RIGHT. SO I THINK THAT THAT'S PROBABLY THE REASON WHY 10% WAS PROBABLY MORE PALATABLE. PALATABLE BECAUSE THEY'RE DIFFERENT, A LITTLE BIT DIFFERENT STANDARD THAN SAY YOU'RE TWO OR 3%. 'CAUSE TWO OR 3% THEY WERE JUST GOING, LOT OF LOCALITIES ARE GOING BY YOUR PROJECT AREA WITHIN THIS FENCED AREA. SO THAT'S IS A LITTLE BIT DIFFERENT MEAN I WANTED TO MAKE SURE THAT OTHER PEOPLE AT, AND WE HAD TALKED TO OTHER LOCALITIES, IF YOU PUT IT OUT IN THE NEWS, IT'S KIND OF HARD TO COMPARE US TO ANY OTHER LOCALITY. BLESS YOU. BLESS YOU, SIR. SO YOU, YOU, YOU KINDA HAVE TO, YOU HAD TO KIND OF HAVE TO LOOK, KNOW, KNOW WHAT EXACTLY SIRI IS AND KNOW EXACTLY WHAT SOME OF THE OTHER LOCALITIES ARE. SO WHEN YOU LOOK AT COMPARING THOSE APPLES AND ORANGE TOGETHER, THAT 10% DOESN'T SOUND SO BAD WHEN YOU, WHEN YOU LOOK AT PARCEL SIZE. BUT IF WE GET DOWN, IF WE SAY 3% FOR PARCEL SIZE, THAT IS REALLY, REALLY, REALLY, REALLY SOMETHING TO LOOK AT. 'CAUSE UM, 3% FOR PARCEL SIZE, YOU'RE, YOU'RE REALLY GETTING THERE. BUT, UM, I, I DO THINK THAT'S SOMETHING FOR US TO, TO, UH, TO CONSIDER. BUT I DO THINK IN THE ORDINANCE WE SHOULD MAKE THAT CLEAR THAT IS BASED ON, UM, PARCEL. SO I THINK THAT'S SOMETHING THAT I SAID I WOULD TAKE A LOOK AT TO, TO WRITE. SURE. TO, TO MAKE SURE WE'RE ALL ON THE SAME PAGE BECAUSE IT'S NOT IN OUR CONFERENCES PLAN, ALTHOUGH WE HAD TALKED ABOUT IT, WE NEED TO MAKE SURE THAT WE MAKE SURE IT'S IN THE ORDINANCE THAT WE'RE TALKING ABOUT ACRE, UH, PAR ABOUT THE PARCELS. SO I WANNA MAKE SURE THAT EVERYBODY'S CLEAR ON THAT ONE. SO YOU GUYS HOLD ME TO THAT ONE BEFORE WE GET TO, UH, A PUBLIC HEARING. HORACE MAKE YOU MAKE SURE YOU CODIFY THAT, PLEASE. SO I, I, I REMEMBER VERY SUCCINCTLY ABOUT, ABOUT THAT CONVERSATION. UM, I, I THINK WE'RE, I THINK WE'RE GOOD ON THIS. I THINK WE'RE GOOD ON THIS POINT. OKAY. UM, THE, THE NEXT ONE WAS THE TOPIC OF GLINT GLARE AND NOISE. UM, AND I THINK RIGHT HERE WE LOOKED AT, WAS IT PAGE NUMBER TWO? PAGE 5 0 3 0.1 A, ITEM NUMBER SEVEN, I THINK HERE, I'M JUST LOOKING TO IMPROVE THAT. MS. CHEEK, DID YOU WANT TO KIND OF EXPOUND UPON WHAT, WHAT, WHAT YOU SAW THERE ON THIS ONE? WE ADDED, WELL WE TALKED A LOT ABOUT THE RENDERING ABOUT, IT SAYS DESCRIBE AND PROVIDE RE RENDERINGS OF ANY GLINT OR GLARE. WE ADDED NOISE AND, AND, AND THEN A GENERAL TRYING TO GET A BETTER HANDLE ON THINGS LIKE GLINT AND GLARE AND NOISE. UM, COULD WE GET 3D IMAGES, UM, OR, YOU KNOW, FOR NOISE AUDIO FILES. 'CAUSE YOU KNOW, SOMETIMES THEY SAY, WELL, IT'S GONNA BE, I DON'T KNOW, SAY 19, UH, DECIBELS OF SOUND. BUT WHAT WE'VE HEARD FROM CITIZENS IS THAT, WELL, WHEN THAT 19 DECIBELS IS 24 HOURS A DAY [00:25:01] EVERY DAY, IT'S, IT'S NOT WHAT I THINK WE UNDERSTOOD WHEN IT SOUNDS LIKE IT'S NOT MUCH NOISE, BUT WHEN IT BECOMES PART OF YOUR EVERYDAY LIFE ALL DAY, ALL THE TIME. AND SO IF WE COULD ACTUALLY HEAR SOME OF THESE THINGS THAT, THAT, THAT THEY SAY WE'RE GONNA HEAR AND IT'S NOT GONNA BE A PROBLEM, MAYBE IT WOULD HELP US AND THE BOARD OF SUPERVISORS MAKE A BETTER DECISION ABOUT IS THIS NOISE, YOU KNOW, TOLERABLE AT A CERTAIN DISTANCE OR NOT. SO THAT'S WHY I WOULD JUST SORT OF BEEF THIS ONE UP TO SAY, UM, YOU KNOW, 3D IMAGES OF THE GLINT, YOU KNOW, WHEN THE THING, WHEN THE, UH, PANELS ROTATE, MAYBE THEY DON'T HAVE GLINT AND GLARE, BUT SOMETIMES THEY DO. AND, UM, AND THESE, THIS TECHNOLOGY'S READILY AVAILABLE. THEY CAN PRODUCE THESE THINGS FOR US. AND THEN, THEN, AND I BELIEVE IT WAS HORSE YOU RECOMMENDED, YOU KNOW, EVEN DOING SITE VISITS. SO, UH, THE, THE COMMISSION AND THE BOARD OF SUPERVISORS CAN BETTER UNDERSTAND REALLY THE LAY OF THE LAND. YOU KNOW, WHEN WE LOOK AT THESE MAPS, THEY'RE, THAT'S ANOTHER THING THAT PRO, UM, HORACE PROMISES. WE'RE GONNA GET BIGGER VERSIONS OF MAPS . SO WE CAN ACTUALLY READ THE LEGEND 24 BY 36 RIGHT NOW, YOU KNOW, WE GET PDF VERSIONS AND THE RESOLUTION GOES AWAY IF YOU TRY TO EXPAND 'EM ON YOUR COMPUTER. SO THIS IS WHAT WE'RE REALLY TRYING TO DO IS BEEF UP THE INFORMATION THAT WE GET IN THE APPROVAL STAGE ON THINGS LIKE GLARE AND NOISE. AND THIS WAS THE WORDING THAT WE CAME UP WITH. ANY, ANY OTHER DISCUSSIONS, QUESTIONS. OKAY. UM, AND THE OTHER, OTHER NEXT ITEM WAS, UM, PAGE THREE, VEGETATIVE PLANNING. UM, 5 0 3 1 DASH AND BY, BY THE WAY, THESE, THESE ITEMS THAT ARE, THAT YOU HAVE LISTED HERE, WHERE IS THAT? ONE SECOND. OKAY. YEAH, I'M LOOKING AT SOMETHING RIGHT HERE. THERE WE GO. THESE, THESE ARE ELEMENTS THAT ARE UNDER YOUR, UNDER YOUR, WHAT, WHAT'S IN YOUR APPLICATION. SO JUST TO LET YOU GUYS KNOW, THESE ARE THINGS THAT YOU'RE EXPECTED TO HAVE FROM THE APPLICANT THAT YOU SEE TO REVIEW FOR THE APPLICATION. THESE ARE YOUR BASIC ESSENTIAL THINGS THAT YOU HAVE TO SEE, UM, THAT YOU, WHEN YOU'RE ACCEPTING THAT APPLICATION. SO THAT'S, THESE ARE YOUR ESSENTIAL THINGS IN ORDER TO REVIEW YOUR APPLICATION. YOU GOT, YOU GOTTA HAVE THESE THINGS. UM, SO JUST MAKE, JUST MAKE YOU GUYS INTO THE BACKGROUND WITH THAT. AND THEN, UM, FIRST, THAT FIRST PART THAT INCLUDED THE, AND THAT WAS YOUR PART OF YOUR PROJECT NARRATIVE. THIS OTHER ITEM WITH VEGETATIVE PLANNING. AND THIS IS PART OF YOUR CONCEPT DEVELOPMENT PLAN. SO A LOT OF TIMES YOU, YOU SEE, UM, DRAWINGS OF WHERE THINGS ARE LOCATED. UM, THIS IS, THIS IS AN ITEM TO EXTRACT TO VEGETATIVE PLANNING. UM, YOU WANT, DO YOU WANT TO, MR. , DID YOU WANNA KIND OF GO THERE? OKAY, SO THE, UM, THE VEGETATIVE PLANNING, UH, PLANTING , UM, WE WERE RECOMMENDING THAT ALL OF THE PLANTING SHOULD BE PERFORMED AS PART OF THE INSTALLATION OF THE FENCING. THE THOUGHT IS THAT, YOU KNOW, ONCE THEY GET THAT FENCING AROUND THE PERIMETER OF WHERE THE MAIN BODY OF THE PROJECT IS, THAT'S PRETTY STABLE. AND IF WE COULD GO AHEAD AND HAVE PLANTINGS EARLY, THEN, THEN THEY'LL BEGIN TO ACTUALLY BECOME PART OF THE DUST MITIGATION, THE NOISE AND THE VISUAL MITIGATION AS OPPOSED TO WAITING TO THE END OF THE PROJECT ONCE YOU'VE GOT ALL THE, ALL THE PANELS UP AND ALL THE MACHINERY GOING. UM, AND, AND, UH, MR. BROCK IS, I THINK REALLY CAME UP WITH THE INSTALLATION OF THE FENCING WAS A GOOD TIMING. YOU KNOW, IT'S NOT TOO EARLY, BUT IT'S NOT, IT GIVES IT A CHANCE. AND SO I WAS TALKING, UH, TO MR. NEWBIE TONIGHT. HE WAS TALKING ABOUT SOME OF THE VEGETATION HAS DIED OVER ON THE ALL WHITE SIDE. AND THIS ALSO GIVES A CHANCE TO SEE IF WHAT THEY PLANTED IS ACTUALLY GONNA SURVIVE AS OPPOSED TO THEY'VE LEFT NOW WE DON'T HAVE THE CREW THERE ANYMORE. AND NOW PLANNING IS DYING BECAUSE DOESN'T WORK WITH CLAY, SANDY SOIL OR WHATEVER THE CASE MAY BE. SO THIS MAY BE MOVING IT UP IN THE PROJECT TIMELINE, UM, WOULD ACTUALLY BE BENEFICIAL FOR LOTS OF REASONS. AND, BUT ALSO HORACE, UH, RECOMMENDED WE HAVE AN ENGINEER, UM, MAYBE JUST LOOK AT IT TO SEE IF THIS IS A GOOD APPROACH. IS THAT, YEAH, YOU WANNA ADD TO THAT BECAUSE WHAT YOU WOULD END UP GETTING WITH THIS PARTICULAR SECTION, YOU, YOU WOULD HEAR FROM A DEVELOPER SAYING, NO, I DON'T THINK THIS IS A GOOD IDEA BECAUSE OF, YOU TYPICALLY DO THAT IN ANOTHER PROJECT. WELL, WHY, WHY IS THE QUESTION? THERE'S A LOT OF TIMES THERE'S [00:30:01] A REASONS WHY A DEVELOPER DOESN'T WANNA DO IT TO THE END. UM, FOR A STAFF, STAFF SIDE, YOU KNOW, RESIDENTS, YOU WANNA SEE THAT BUFFER IN THERE AS SOON AS POSSIBLE. UM, I THINK IT'S BEST. SO WE GET A THIRD PARTY PERSON TO GIVE US SOME PROS AND CONS OF DOING THAT AND HAVE THE, THE PLANNING COMMISSION MAKE A RECOMMENDATION TO THE BOARD BASED ON A THIRD PARTY REVIEW OF WHAT WE'RE PRESENTING HERE. UM, YOU KNOW, I THINK FOR US, YOU, YOU WANT TO SEE SOME OF THOSE THINGS IMPROVE, UM, THE VISIBILITY OR, OR NO VISIBILITY OR ZERO, UH, CLOSE TO ZERO VISIBILITY OF A PROJECT SITE. UM, ALSO TO MITIGATE SOME OF THE NOISE AS WELL AS THE, UM, I THINK YOU WENT THROUGH THE SITE. MAYBE SOME, MAYBE SOME OF THE DUST MITIGATION. I THINK AT THE FENCING TIME, SOME PEOPLE MAY DECIDE NOT TO DO IT UNTIL, UM, YOU MAY WANNA TAKE AN ENGINEER TO HAVE A LOOK AT DIFFERENT TIMINGS THROUGHOUT THE PROJECT OF NOT ONLY JUST, UM, THE FENCING, BUT AT THE END OF MAYBE SAY HAVE A, TAKE A LOOK AT DIFFERENT TIMES OR THE OTHER PROJECT SITE WHICH YOU PRO START TRY PROVIDING LANDSCAPING PRIOR TO ANY D LAND DISTURBANCE. YOU KNOW, JUST LOOKING AT DIFFERENT TIMELINES. SO IT MIGHT BE HELPFUL TO LOOK AT NOT ONLY JUST THOSE TWO TIMELINES, BUT MAYBE MULTIPLE TIMELINES OF WHEN IT MIGHT BE FEASIBLE SINCE WE'RE, SINCE WE'RE HAVING TO, TO CHECK INTO THE ENGINEER ANYWAY, GET, GET, GET A FULL OPINION FROM THEM ABOUT WHEN THE MOST OPTIMAL TIME TO PLAN AND WHAT ARE, WHAT ARE THE PROS, PROS AND CONS. BUT MOSTLY LOOK AT, HEY, BASED ON THE, UPON WHAT WE HAVE, CAN YOU GIVE US THIS ONE FIRST ABOUT AT, AT THE FENCING STAGE? 'CAUSE IT SOUNDS LIKE YOU'RE KIND OF GIVING A LITTLE LEEWAY TO THE DEVELOPER THAT, SEE, WE'RE NOT REQUIRING YOU TO DO IT RIGHT UP FRONT . SO, UM, AND JUST SOME THOUGHTS FROM EVERYBODY ELSE. I I, I, I REALLY WANNA MAKE SURE I HAVE A THIRD PARTY ENGINEER TAKE A LOOK AT IT, UM, BEFORE WE MAKE ANY DECISION. JUST BECAUSE YOU'RE GONNA GET FEEDBACK FROM DEVELOPERS WHO MAY BE COMING TO THE COUNTY AT, AT THE TIME OF PUBLIC HEARING TO SPEAK. YOU KNOW, THEY'RE PROBABLY MORE SPEAKING FOR THEIR PROJECT THAT THEY INTEND TO HAVE IN SUR COUNTY. SO LET'S SEE WHAT YOU ALL'S THOUGHTS ARE ON THAT. I'M NOT SAYING IT'S NOT A BAD IDEA. THERE'S PROBABLY STILL A LOT OF MOVING PARTS AT THAT POINT AFTER THE FENCE COMES UP. I MEAN, YOU KNOW, THERE, YOU DON'T JUST WATCH THE CONSTRUCTION SITES COME UP AND, AND DEVELOPMENTS COME UP, YOU KNOW, AFTER EVERYTHING ON THE OUTSIDE IS DONE, THE SIDEWALKS AND ALL OF THAT, THAT'S WHEN THEY'LL START PLANTING THE VEGETATION. 'CAUSE ALL THE OTHER WORKS ON THE INSIDE. UM, BUT I, I DON'T, YEAH, I THINK WE, I I WOULD SAY IF THE ENGINEER WILL TAKE, TAKE A LOOK AT THAT, PLANT'S DYING. I UNDERSTAND. I I AGREE A HUNDRED PERCENT. YEAH. WE, YEAH, THEY SHOULD COME BACK AND REPLANT THOSE. I GET IT. I GET THAT PART OF IT. BUT WHAT'S THAT RIGHT TIMEFRAME FOR THOSE? YEAH. AND, AND, AND A LOT OF TIMES THEY PLANTED A LOT OF THOSE IN THE FALL, WHICH IS THERE'S, WHICH IS THE TIME YOU SHOULD BE PLANTING THEM. THERE'S, THERE'S TWO PLANTING SEASONS AND SPRING YOU CAN PLANT IN SPRING SEASON, YOU CAN PLANT THE EARLY SPRING, BUT THERE IT IS, IT IS REALLY TWO PLANTING SEASONS. YEAH. I, I JUST, FOR EXAMPLE, CAVALIER, THEY'RE PROBABLY GONNA WAIT FOR THIS FALL BEFORE THIS FALL BEFORE THEY, THEY, THEY HAVE DONE SOME PLANNING, BUT THEY'RE PROBABLY TO FINISH THE REST OF IT UP THIS FALL. I WAS LOOKING AT SOME OF OTHER PROJECTS, I WAS LIKE, MAN, THEY THINK THEY PLANTING TOO EARLY. THAT'S WHAT I WAS SAYING TO MYSELF. BUT WE GOT SOME THAT'S DIED, SOME STILL ALIVE, SO YEAH. YEAH, YEAH. THAT'S THE TOUGH ONE. OKAY. ALL RIGHT. SO ANOTHER ONE, I GUESS WE'RE GONNA SKIP PRETTY FAR DOWN THE LIST HERE. WE'RE SKIPPING A BUNCH OF PAGES HERE. ITEM, UH, FACILITY MAINTENANCE. YOU MAY WANT TO JUST SHOW, TALK A LITTLE BIT ABOUT THE ORGANIZATION. THAT'S ONE WE, WHEN WE SKIPPED SO MUCH. OH, OKAY. OKAY. YEAH. SO THE WAY THE WHOLE DOCUMENT'S KIND OF ORGANIZED, YEAH. THE, THE WAY THE DOCUMENT'S ORGANIZED AND THE WAY WE'RE LOOKING AT THIS VERSUS THE PREVIOUS SOLAR ORDINANCE IS THAT THIS PARTICULAR SOLAR ORDINANCE WOULD NOT BE ALL IN ONE CHAPTER. IT IS GONNA BE KIND OF BROKEN APART, SIMILAR TO HOW WE HAVE THE REST OF OUR ORDINANCE. SO YOU HAVE YOUR APPLICATION REQUIREMENTS IN THE BEGINNING PART OF YOUR AIR ZONING ORDINANCE. WE'RE DOING THE SAME THING WITH HOW WE'RE ADDRESSING CONDITIONAL USE PERMITS FOR, UH, COMMUNITY SCALE SOLAR AND UTILITY SCALE SOLAR. SO THAT'S GONNA BE IN THE FOREFRONT OF THE, OF THE ZO ORDINANCE. THEN YOU'RE GONNA HAVE ALL THE APPLICATION REQUIREMENTS THAT YOU, THAT YOU'VE SEEN IN YOUR PACKET, UP TO PAGE, UH, NUMBER SIX. AND THEN YOU MAY NOTICE THERE'S NOTHING REALLY GOING IN BETWEEN PAGE SIX AND PAGE, WHAT IS THAT? AND PAGE, UH, 13, BECAUSE GUESS WHAT? THAT'S, WE'RE NOT CHANGING ANYTHING THERE. THOSE ARE PREVIOUS OTHER ORDINANCE SECTIONS THAT WE'RE NOT TOUCHING. [00:35:01] SKIP DOWN TO PAGE NUMBER 13. YOU'VE GOT A, A NEW USE THAT WE ARE, WE ARE GONNA DEFINE, AND THAT'S GONNA BE IN YOUR NEXT REVIEW. UM, COME NEXT MONTH IS YOUR, YOUR ACTUAL DEFINITIONS OR USE DESCRIPTIONS. THIS JUST HAPPENS TO BE, UM, SOMETHING THAT WE INTEND TO PUT IN, IN SECTION, CREATE NEW SECTION CALLED SECTION FOUR DASH 6 0 8, UH, WHICH WILL BE, UM, ALL YOUR LOCK YOUR ALL YOUR PERFORMANCE STANDARDS FOR YOUR COMMUNITY AND UTILITY SCALE SOLAR. SO YOU START UNDERSTANDING WHAT IT IS THAT YOU, THAT YOU'RE, THAT YOU'RE TRYING TO DO. OKAY? YOU'RE PROJECT LIAISON, YOU'RE INDEPENDENT ENGINEER, CONSTRUCTION BOND. UM, THESE ARE THINGS THAT AFTER YOU, THE, THE PLANNING COMMISSION AND VISORS HAVE SAID THEY BLESS THE PROJECT. THIS IS SOMETHING THAT ALL PROJECTS HAVE TO FOLLOW. AND SIR, ALL PROJECTS HAVE TO FOLLOW THIS NO MATTER WHAT ORDINANCES THEY ARE, WHAT HAVE, WHAT WHAT, UM, CONDITION USE PERMITS THEY HAVE IN PLACE ALREADY. ALL PROJECTS HAVE TO FOLLOW THIS 'CAUSE THEY HAVE TO FOLLOW THESE PARTICULAR STANDARDS. UM, SO THAT THERE, THERE THEY ARE LISTED HERE AND IT SEEMS THAT WE DON'T HAVE ANY, UH, ANY BIG COMMENTS DOWN UNTIL PAGE 16. BUT, UM, YOU KNOW, WE'RE TALKING ABOUT SETBACKS AND, AND, YOU KNOW, SET PROJECT SETBACKS SHOULD BE 300 FEET FROM A BUDDING RIGHT AWAY. THAT'S SOMETHING DIFFERENT THAN WE HAVE NOW. LICKING OUR INDUSTRIAL ZONE AND SOME OF THE OTHER ZONES, YOU HAVE SIGNIFICANTLY SMALLER SETBACKS. AND SOME OF THEM, I MEAN, AS YOU CAN SEE NOW, SOME OF THE PRODUCTS THAT HAVE BEEN APPROVED, NOW YOU MIGHT SEE LESS THAN A HUNDRED FEET OFF THE ROAD AND YOU, YOU MIGHT NOT SEE MUCH OF ANY LANDSCAPING BECAUSE THAT'S WHAT THE ORDINANCE THAT THE DEVELOPER WAS ALLOWED TO, ALLOWED TO USE. SO IN THIS ONE WE'RE SAYING, UM, GENERAL STANDARDS HERE, YOU GOT A SETBACK HERE, UM, ON, ON NUMBER SEVEN, ON SETBACKS NUMBER SEVEN UNDER PAGE 14. AND THEN YOU START TALKING ABOUT THE, THE VEGETATIVE BUFFERS. YOUR BUFFERS GONNA BE 300 FOOT AS WELL. SO WHAT WE'RE LOOKING FOR IS QUALITY DEVELOPMENTS THAT PROVIDE A SUFFICIENT AMOUNT OF, OF VEGETATIVE SCREENING, UM, FOR, FOR THE SITE. SO THAT'S SOMETHING, THAT'S SOMETHING THAT, THAT WE'RE PROPOSING. BUT THIS, THIS IS GONNA BE FOR EVERY PROJECT THAT COMES BEFORE US. EVERY, EVERY A AFTER IT GETS THROUGH BOARD SUPERVISOR APPROVAL, YOU GOTTA HAVE THAT IN THE SITE PLAN. THESE, THESE ARE THE NEW STANDARDS. UM, AND THEN YOU GET THROUGH, I THINK RIGHT NOW THIS PAGE NUMBER 16, UM, 6 0 8, WHICH IS WHAT THAT IS THERE. LEMME SEE, MAKE SURE I'M, MAKE SURE I DIDN'T, I DIDN'T SKIP ANY OF THAT. OKAY. 6 0 8, UH, NUMBER A, NOT, I'M NOT SURE IF I HAVE THE RIGHT PAGE WHEN I WROTE IT DOWN 6 0 8, I'M SORRY. UM, , I WANTED TO ADD A NUMBER NINE. I THINK IT GOES UNDER, OH YEAH. SO A ACTUALLY STARTS ON PAGE 13 AND YOU SEE THAT IT'S GOT NUMBERED ITEMS 1, 2, 3, 4, 5. SO, UM, THAT'S PERFORMANCE STANDARDS. AND OF COURSE WHEN AFTER TALKING THE OTHER DAY AT THE SUBCOMMITTEE MEETING, I DON'T KNOW THAT WE REALLY DECIDED WHERE THE BEST PLACE FOR THIS WAS. SO I'M RECOMMENDING TO PUT IT, MAYBE THIS IS PAGE 14, AFTER NUMBER EIGHT, SECURITY FENCING, THERE WOULD BE A NUMBER NINE, A SPOT CALLED MAINTENANCE OF FACILITY. OKAY. AND SO THE THOUGHT IS THAT WE TALKED A LOT ABOUT SAY IF SOLAR PANELS, YOU KNOW, BREAK OR BECOME A OPERATIVE OR WHATEVER, BUT THEY'RE, SO THEN THEY GET LAID ASIDE, YOU KNOW, THEY HAVE TO REPLACE 'EM, PUT A NEW ONE IN, AND THEY LAY IT ASIDE. AND SO THEN MAYBE WE START TO HAVE A STOCKPILE OF, OF EQUIPMENT AND THINGS THAT AREN'T WORKING. AND SO IT WAS AN IDEA TO JUST MAKE SURE THAT WE HAVE SOME REGULAR MAINTENANCE AND NOT HAVE THAT STUFF STACK UP. UM, GIVEN THERE'S SO MUCH SPACE THAT IS USABLE TO STACK THINGS ON, UM, YOU KNOW, YOU COME UP ON YOUR 30, 30 YEARS AND NOW YOU GOTTA DECOMMISSION NOT ONLY WHAT'S WORKING, BUT YOU GOT TO, YOU MAY HAVE THIS LARGE LANDFILL . UM, SO THAT WAS THE THOUGHT THAT LIKE MAYBE EVERY SIX MONTHS THAT THEY SHOULD JUST ROUTINELY, IF THERE'S STUFF THAT'S NOT WORKING, MAKE SURE IT'S REMOVED FROM THE SITE AND PROBABLY DISPOSED OF, GIVEN THAT IT WILL HAVE SOME, UM, YOU KNOW, MATERIALS THAT MAY NEED, YOU KNOW, SPECIAL HANDLING, THINGS LIKE THAT. SO THAT'S WHY WE WERE, AND A HORSE, MAYBE THAT'S NOT THE RIGHT SECTION, THAT SOMETHING LIKE THIS SHOULD GO, I DON'T KNOW. WE, WE CAN FIGURE OUT WHERE, WHERE IT GOES. THAT'S, I DON'T THINK THAT'S GONNA BE AN ISSUE JUST AS LONG AS OKAY, AS LONG AS WE KNOW WHAT, WHAT THE [00:40:01] QUESTION QUESTIONING CONCERN IS. RIGHT. WE CAN FIND A PLACE FOR IT. I DON'T, THAT'S NOT AN ISSUE FOR US. OKAY. YEAH. WE, WE WILL, WE WILL FIND A PLACE FOR IT. OKAY. SO THAT'S WHAT THE, THE INTENT OF THAT ONE IS. AND THEN THE, THE LAST TOPIC, WHICH IS THEY'RE COVERING, LOOKS LIKE THERE'S THREE DIFFERENT AREAS, IS A MAIN, A MAIN, UH, CONCERN FOR I THINK THE, THE COMMISSION IS DECOMMISSIONING. AND, AND HERE I THINK MS. CHEEK YOU HAVE, WE HAVE HERE WAS PAGE 17, 6 0 8. WHAT IS THAT? I JUST TO MAKE SURE I GOT THAT IN THE RIGHT SPOT. IT WAS, IT WAS E IT WAS SECTION E THOUGH. YEAH. SECTION E OR IS E? UM, YEAH, IT WAS DECOMMISSION. IT WAS DEFINITELY DECOMMISSIONED. OKAY. UM, AND IT WAS ON PAGE 17, SO ONE A, RIGHT. 16 DECOMMISSION STARTS AT 16 E. SO E IT'S ON PAGE 16. YOU'RE RIGHT. UM, BUT SO WE'RE IN THERE, IT TALKS ABOUT, SO YES, IT'S ON PAGE 16. THANK YOU. IT TALKS ABOUT, UM, LET'S SEE, MAKE SURE I'VE GOTTEN THIS RIGHT. UM, SO WE'RE TALKING ABOUT THE THREE FOOT, TALKING ABOUT THE WAY IT WAS WRITTEN THAT WE WOULD LEAVE STRUCTURAL MEMBERS THREE FOOT OR MORE IN THE GROUND, WHICH MAY BREAK OFF AND BE LEFT AS ABANDONED IN PLACE. AND, UM, THE SUBCOMMITTEE IS RECOMMENDING THAT WE JUST SAY EVERYTHING HAS TO GO BOTH ABOVE AND BELOW GROUND IF YOU KNOW IT'S PART OF THIS FACILITY. AND THAT WAY, YOU KNOW, THERE'S NO SAFETY ISSUES LEFT, THERE'S NO SURPRISES FOR DOWN THE ROAD. WHOEVER GETS THIS PROPERTY, THEY DON'T HAVE TO FIGURE OUT, YOU KNOW, ARE THERE A BUNCH OF POLES LEFT IN THE GROUND AND THINGS LIKE THAT. WE JUST WANT TO CLEAN SLATE WHEN THEY LEAVE. AND JUST TO FOLLOW UP ON THAT ONE, THERE ARE LOCALITIES WHO HAVE DONE THE PIECE WHERE NONE ARE, NONE CAN BE LEFT BEHIND. UM, I THINK SOME OF THE LOCALITIES THAT MAY HAVE SAID THREE FEET MAYBE NOT HAVE REALIZED THAT YOU COULD, YOU CAN SAY NONE, BUT LEFT BEHIND WHEN YOU DECOMMISSIONED. SO EVEN THOUGH THAT PEOPLE HAVE THAT ORDERS OF 36 INCHES, THEY MAY NOT REALIZE THEY COULD HAVE DONE MORE SUPPOSED TO BE LEFT IN THE STATE THAT IT WAS AN ORIGINAL. SO ORIGINALLY IT DIDN'T HAVE ANYTHING IN THE RIGHT. IT DIDN'T HAVE ANYTHING IN THERE NOW. SO EVERYTHING NEEDS TO GO YEAH. TO GET IT BACK TO BACK TO HIS ORIGINAL SOMEWHAT PART OF WHAT THE ORIGINAL STATE. YEAH. SO THAT'S, THAT, THAT WAS, THAT WAS SOMETHING THAT I THINK, UM, WE HAD TALKED ABOUT AND I, I DON'T, I DON'T SEE ANYTHING WRONG WITH DOING THAT. SO THEN ALSO, UM, WANTED TO JUST ADD A HORSE TO NUMBER TWO UNDER E IT TALKS ABOUT SITE DEVELOPMENT PLAN. SO THIS WOULD HELP IN THE, 'CAUSE WE'LL GET TO LOOK AT THE DEVELOP SITE DEVELOPMENT PLAN, RIGHT. OF THE, UM, SO I'LL INCLUDE A DETAILED COMMISSIONING PLAN. SO WHEN WE SEE THE SITE DEVELOPMENT PLAN, THERE WILL BE A DETAILED COMMISSION PLAN. IS THAT RIGHT? UM, THE DETAILED DECOMMISSIONING PLAN, USUALLY THE DE DECOMMISSIONING PLAN DOESN'T COME UP UNTIL, UM, USUALLY YOU DON'T HAVE A DECOMMISSIONING PLAN UNTIL LATER ON IN, IN THE PROJECT. WHEN, WHEN THE PROJECT'S, UM, DURING SITE DEVELOPMENT. THAT'S THE TYPICAL TIME THAT YOU HAVE A DECOMMISSIONING PLAN. BUT IF YOU'RE ASKING TO HAVE A DECOMMISSIONING PLAN AS PART OF THE APPLICATION FOR THE CONDITION USE PERMIT, IS THAT WHAT YOU'RE ASKING FOR MS. JACOB? I'M SORRY. WELL, I JUST, WHEN I READ NUMBER TWO, IT SAYS A SITE DEVELOPMENT PLAN FOR COMMUNITY SCALE SOLAR CELL FACILITY OR UTILITY SCALE SHALL INCLUDE A DETAILED COMMISSIONING PLAN THAT PROVIDES PROCEDURES AND REQUIREMENTS AND THE REMOVAL OF PARTS OF THE SOLAR FACILITY. AND SO I WANTED TO ADD IN THERE, UM, WHERE IT TALKS ABOUT THE PLAN SHALL INCLUDE THE ANTICIPATED LIFE OF THE FACILITY. THAT'S THE, I THINK THAT'S THE SECOND SENTENCE IN NUMBER TWO. AND JUST INCLUDE IN THERE THAT IT WOULD ALSO HAVE THE DECOMMISSIONING PLAN WOULD HAVE THE ECONOMIC IMPACT DEFINITION, SORRY, NOT ECONOMIC ENVIRONMENTAL IMPACT, DEFINITIONS OF FUTURE LAND USES TRAFFIC MANAGEMENT PLANS AND DISPOSABLE LOCATIONS. SO JUST ADDING THOSE THINGS TO BE ITEMS IN THE DECOMMISSIONING PLAN, UM, TO HELP BRING THAT UP. OKAY. JUST MORE SPECIFICALLY THIS LISTED IN THE ORDINANCE AS OPPOSED TO HAVING THE DEVELOPER GUESS THAT WE'RE ASKING FOR THAT INFORMATION. SO YEAH, I DON'T KNOW IF THAT FITS THERE OR NOT, BUT WE'LL, WE, WE'LL, WE'LL MAKE, WE'LL MAKE IT WORK. OKAY. WE'LL [00:45:01] MAKE IT WORK. I I, I KNOW WHAT YOU'RE, I KNOW WHAT YOU'RE ASKING FOR, RIGHT? I KNOW BECAUSE IT COULD BE AFTER 30 YEARS, MAYBE THE COMMISSION LOOKS AT THIS AND SAYS, THIS LAND ISN'T USABLE FOR AGRICULTURE ANYMORE. I DON'T KNOW, MAYBE THAT'S WHY. IT MIGHT BE GOOD TO KNOW. WE WON'T BE SITTING HERE FROM 30 YEARS FROM NOW, BUT, UM, IT'S FOR AS PART OF THE DECOMMISSIONING THAT THEY WOULD SAY THE LAND'S USABLE FOR, YOU KNOW, WHATEVER AN AIRPORT AND I WILL STATE IN HERE, I WANNA MAKE SURE, MAKE SURE I'M CORRECT IN THIS ONE BEFORE I SAY IT. THE 1 1, 1 OF THOSE THINGS THAT I, THAT I, I NEED TO MAKE SURE IS VERY CLEAR IS THAT WE PROBABLY SHOULD BE LOOKING AT A DECOMMISSIONING PLAN AND PROBABLY A BOND, MAKE SURE WE LOOK AT THE BOND PART OF IT EVERY, EVERY FIVE YEARS. UM, BUT THAT, THAT IS ONE OF THE THINGS THAT WE HA WE DID NOTE HERE, UH, UNLESS I DON'T, IT'S NOT ON THIS PARTICULAR SHEET RIGHT HERE ABOUT THE, ABOUT THE BOND PART, BUT ONE OF THOSE ELEMENTS IS ABOUT, UM, MAKE SURE THE BOND REQUIRES A HUNDRED PERCENT OF THE ESTIMATE DECOMMISSIONING COSTS, UM, PLUS 20% IN ADMINISTRATIVE FEES, UM, FOR THOSE, FOR THOSE ITEMS THAT BE COVERED. UM, THAT'S, THAT'S, THOSE ARE SOME OF THE THINGS THAT, THAT IT, THAT IS, IT IS PERMITTED FOR US TO, IT APPEARS TO BE PERMITTED FOR US TO DO, UM, FOR US TO, YOU KNOW, IT LOOKS LIKE, I THINK THE REST OF THE COMMISSION AGREES THAT WE SHOULDN'T BE HOLDING THE, HAVING TO GO DECOMMISSION IT OURSELVES AND USE THE, THE PANELS FOR SALVAGE VALUE TO, TO RECOUP THE COSTS AND HAVE THE COUNTY STEP INTO HIS COFFERS TO TICK ON A CHANCE OF TAKING AND, AND GETTING SALVAGED VALUE BACK FOR, FOR SOME OF THOSE THINGS. SO, UM, AT, YOU KNOW, WE, WE DID, WE DID SAY, UH, I HEARD, I HEARD FROM YOU ALL, YOU ALL SAID, WE DON'T WANNA DO THAT ANYMORE. WE DON'T WANNA TAKE THAT CHANCE ANYMORE. UM, MR. WADE? YES, SIR. SO HOW DOES IT, SO HOW DOES IT WORK? WE SAY WE'RE AT, UM, WE SAY WE'RE AT OUR 30 YEAR MARK RIGHT NOW IN A DECOMMISSIONING, WELL, LET'S NOT SAY, LET'S BACK UP. UH, THE COMPANY SELLS IT TO ANOTHER COMPANY. UM, I KNOW OF COURSE DEED HAS TO CHANGE AND HAS TO COME THROUGH PROPERTY CHANGE OVER, DO THEY AUTOMATICALLY GET THIS, UH, THE OTHER COMPANY HANDS THIS WHAT THEY HAVE ALREADY OVER TO THAT COMPANY? THEY KNOW WHAT THE OUTCOME IS AT THE END? OR HOW DOES THAT, HOW DOES THAT WORK? WELL, SOME INFORMATION YOU'RE, YOU'RE, I DON'T THINK IT'S RIGHT FOR ME TO ASSUME, BUT I, MY MY ASSUMPTION WOULD BE THAT IF YOU'RE HITTING EVERYTHING OUT OVER THAT YOU PROVIDE THEM ALL THE LEGAL DOCUMENTS THAT THEY WOULD NEED. OKAY. I DIDN'T KNOW IF IT WOULD CHANGE. THE COUNTY WOULD SAY, HEY, THIS IS WHAT, THIS IS THE HAND YOU DEALT RIGHT HERE. WE, WE, WE WOULD HAVE, WE HAVE DOCUMENTS THAT WE WOULD KEEP ON FILE. OKAY. BUT THERE, THERE ARE CERTAIN DOCUMENTS THAT WE KEEP ON FILE ALL THE TIME. UM, FOR ONE, IF WE, AT THIS POINT, LET'S JUST SAY ANY PROJECT THAT CAME BEFORE US IN THE PAST, BASED ON THE ORDINANCES IN PLACE, THEY COULD GO BY OFF A SALVAGE VALUE FOR DECOMMISSIONING. AND SO THEY WOULDN'T HAVE A BONUS REQUIRED BECAUSE THEY WOULD SHOW THAT WE HAVE A NET GAIN SO THAT THEY, THEY WOULDN'T, THEY WOULD SAY NO SURETY'S REQUIRED BECAUSE WE, WE HAVE NETS VALUE. OKAY. AND SO THEY WOULD SAY, WELL, NOTHING'S REQUIRED 'CAUSE YOU GUYS ARE GETTING MONEY OFF OF IT. BUT WE'RE SAYING NOW LISTEN, WE'RE GONNA HAVE A SURETY PLACE IN BOND AND, AND IN PLACE SO THAT IN THAT 30 YEAR PERIOD YOU'RE TALKING ABOUT IF SOMETHING DID HAPPEN WHERE THEY WERE DECOMMISSIONING AND THEY SAID, YOU KNOW WHAT, WE'RE NOT DOING ANYTHING. WE HAVE A BOND IN PLACE. WE HAVE TO GO PULL THAT BOND. CAN I TURN YOU? WHAT, WHAT HELP US GO PULL, PULL, PULL THAT BOND TO MAKE SURE THAT WE HAVE THE RIGHT RESOURCES TO GO DECOMMISSION IT. AND WE'RE ALSO SAYING IS, OKAY, WE'RE GONNA ALSO ADD A 20% ADMINISTRATIVE COST ONTO IT AS WELL, UM, TO MAKE SURE THAT, YOU KNOW, IF WE'RE, IF WE'RE DOING THE WORK BEHIND IT, THERE'S, WE'RE NOT GONNA JUST RECOUP JUST THE BOND PART OF IT. WE'RE ALSO GONNA RECRUIT THE ADMINISTRATIVE COST OF IT AS WELL. SO THERE'S, THERE'S CERTAIN THINGS THAT YOU WANNA DISCOURAGE YOUR COMPANY FROM. YES, MA'AM. FROM, FROM, FROM DOING THAT. UM, SIR, THESE ARE SOME THINGS IN PLACE THAT WE'VE SEEN SOME OF OTHER LOCALITIES DO AS WELL AND, AND SOME THINGS THAT HAVE BEEN PERMITTED. OKAY. SO, YES, MA'AM. UH, MR. CHAIRMAN, UH, JUST TO EXPAND UPON THAT, UH, CALLING A BOND IS NOT AN EASY FEAT. IT'S NOT PICKING UP THE PHONE AND SAYING, HEY, WE'D LIKE TO CALL THE BOND AND NEXT WEEK WE GET THE CHECK. IT IS A VERY COMPLICATED PROCESS, UM, DEPENDING ON WHO THE HOLDER OF THE BOND IS. UM, THERE ARE SOME INSURANCE COMPANIES BUT ARE EASIER TO WORK WITH THAN OTHERS. I WILL NOT NAME NAMES, UH, BUT IT COULD BE A, A COMPLICATED AND SOMETIMES LENGTHY PROCESS AS WELL. SO I JUST WANTED TO, UH, I'M VERY SUPPORTIVE. I THINK IT'S A GOOD, UH, I THINK IT'S A GOOD IDEA, ESPECIALLY INCLUDING THAT ADMINISTRATIVE FEE, BUT I JUST WANTED TO BE VERY UPFRONT SO THAT YOU ALL UNDERSTAND THE, [00:50:01] THE MAGNITUDE OF THE, OF THE PROCESS. IT'S A GREAT TOOL TO HAVE IN OUR TOOLBOX. UH, BUT IT, THERE IS SOME WORK ASSOCIATED WITH IT. THANK YOU. THANK YOU. SO MS. PERKINS, BEFORE YOU SIT DOWN YES, OF COURSE. WANTED TO, UM, FURTHER ON HIS QUESTION. SO SAY 15 YEARS IN, UH, THE COMPANY SELLS TO ANOTHER SOLAR, UH, COMPANY AND, AND IT, AND IT'S TRANSFERRED OVER TO NEW OWNERSHIP TO HOW, WHAT RESPONSIBILITIES DOES THE NEW OWNERS HAVE? ARE, ARE THEY, DO THEY HAVE TO UPHOLD EVERYTHING, THE AGREEMENTS? OR WOULD THINGS GO INTO SOME NEW NEGOTIATIONS WHEN YOU CHANGE OWNERSHIP? UM, WELL THE, THE SURETY, THE BOND WOULD, UH, CARRY WITH, ESSENTIALLY WITH THE LAND. I'M, I'M NOT USING THE, THE CORRECT TERMINOLOGY. UM, BUT THAT WOULD BE, IT WOULD BE THE WORK THAT WAS BONDED. OKAY. SO, UM, AND THE, THE DECOMMISSIONING PROCESS THAT WAS BONDED. SO EVEN IF IT WAS ANOTHER OWNER, I BELIEVE THAT THE INSURANCE THAT, THAT THE BOND WOULD STILL HOLD, HOLD TRUTH, HOLD TRUE. UM, SO THE CONDITIONAL USE PERMIT REQUIREMENTS AND THINGS LIKE THAT WOULD ALSO TRANSFER. LIKE, THAT THEY WOULD HAVE TO UPHOLD ALL THE AGREEMENTS, NOT JUST THIS DECOMMISSION, BUT EVERYTHING THE FIRST COMPANY AGREES TO ABSO ABSOLUTELY, BECAUSE THE CONDITIONAL USE PERMIT RUNS, THAT ABSOLUTELY RUNS WITH THE LAND. SO IF THERE ARE ANY FUTURE OWNERS, THEY ARE TIED TO WHAT WAS AGREED TO BY THE ORIGINAL OWNER AND THE CONDITIONS OF THAT USE, IF THEY WANT TO USE IT FOR THAT USE. NOW, IF, IF MAYBE IT WAS ORIGINALLY A, A, A SOLAR FACILITY AND A NEW BUYER BUYS IT AND ALL OF A SUDDEN, YOU KNOW, THEY, THEY JUST WANNA RUN A FARM OR DO ANY SORT OF BUY RIGHT USE, THEN THOSE CONDITIONS WOULDN'T CARRY FORWARD FOR THAT USE. BUT SINCE THE CONDITIONS GO WITH THE USE, IF THE CONDITIONS OF A SOLAR FACILITY AND, UH, IF THE NEW OWNER WERE TO CONTINUE THAT SAME USE, THE CONDITIONS WOULD APPLY TO THE NEW OWNER. OKAY. THANK YOU. ANY OTHER QUESTIONS? OKAY, THANK YOU. LET'S SEE. SO WE GOT OVER THE, THE, THE, THE THREE FEED. UM, ANY MORE QUESTIONS ABOUT SITE DEVELOPMENT PLAN? THAT'S, AND THAT'S, THAT, THAT'S JUST ANOTHER WAY THAT WE TALK ABOUT OUR SITE, OUR SITE PLAN THAT WE HAVE, THAT WE DO. SO IT, IT WOULD BE DONE AT, AT THE SITE PLAN STAGE, RIGHT? SO IT, IT'S NOTHING DIFFERENT THAN WE DO NOW. SO, AND THEN THERE WAS ONE LAST ITEM. IT'S, AND THEN NUMBER THREE, UM, E THREE A, IT TALKS ABOUT IF THE FACILITY CEASES TO GENERATE ELECTRICITY FOR MORE THAN 12 CONSECUTIVE MONTHS, THE RESPONSIBILITY PARTY WOULD PROVIDE FOR ITS DE COMMISSIONING. SO IN THINKING ABOUT THAT, IT WOULD REALLY MEAN THAT THIS SITE WOULD LAY DORMANT FOR 12 MONTHS. AND SO WOULD IT BE BETTER TO, UM, LOOK AT THIS POSSIBLY, YOU KNOW, IF THE FACILITY CEASES TO GENERATE AT LEAST 10% OF ITS PROPOSED AMOUNT OF ELECTRICITY, I, THAT WOULD BE A REALLY GOOD INDICATION, YOU KNOW, FOR THREE MONTHS THAT THIS IS GOING OUT OF BUSINESS. AND THIS REALLY STARTS TO BE A KIND OF A BUSINESS DECISION BECAUSE THE COUNTY'S NOT GETTING THE MONEY THAT IT THOUGHT IT WAS GONNA GET BECAUSE OUR MONEY IS BASED ON THE AMOUNT OF ELECTRICITY THEY GENERATE. AND SO MAYBE WE SHOULD THINK ABOUT INSTEAD OF JUST SAYING YOU'RE NOT RUNNING FOR 12 MONTHS, START TO SAY, WELL IF YOU'RE NOT GONNA GENERATE ELECTRICITY FOR, UH, MORE THAN 10% OF WHAT YOU PROPOSE AND FOR THREE MONTHS, THEN THAT'S WHEN WE WOULD SAY, OKAY, THIS IS, THIS IS COMING TO AN END. AND, AND, UM, AND THEN BEGIN DECOMMISSIONING AT THAT POINT. 'CAUSE IF, IF YOU JUST WAIT FOR 12 MONTHS, YOU KNOW, YOU'VE, YOU'VE REALLY GOT STUFF IS STARTING TO, YOU KNOW, DECOMPOSE ON ITS OWN. NOBODY'S TAKING CARE OF IT FOR 12 MONTHS. AND THEN AS I THINK WE JUST HEARD LOLA SAY, IF WE HAD TO ACTUALLY ASK FOR THE BOND, WE COULD HAVE ANOTHER 12 MONTHS. I DON'T KNOW HOW LONG IT TAKES. SO MAYBE WE SHOULD BACK UP ON THAT. WHAT'S TRIGGERS DECOMMISSIONING? WELL, JUST, JUST BECAUSE THEY'RE NOT GENERATING POWER DOESN'T MEAN THEY STILL DON'T MAINTAIN THE SITE. CORRECT. THEY STILL HAVE TO [00:55:01] MAINTAIN THE SITE. THEY STILL HAVE TO MAINTAIN THE SITE. UM, I THINK IF, IF YOU'RE, THE CURRENT PART OF IT IS YOU'RE NOT GENERATING ELECTRICITY MORE THAN, WELL, MORE THAN 12 MONTHS. WELL, WHEN YOU SAY THEY HAVE TO MAINTAIN IT, WHAT DO THEY HAVE TO, I MEAN, APPEARANCE. APPEARANCE, I'M, I'M SPEAKING, I'M JUST SPEAKING OF APPEARANCE AT THIS POINT. SO THEN THAT WOULD BE THE TREES, GRASS CUTTING, MAINTAINING TREES. BUT AS FAR AS THE EQUIPMENT AND EVERYTHING IS JUST SITTING THERE, EVERYTHING'S IDLE. YES. BUT I'M, I WAS LOOKING AT BIG PICTURE OF EVERYTHING. RIGHT. MAINTAINING, THEY STILL HAVE TO MAINTAIN THE FACILITY AND THEN YES. WORK ON THE DECOMMISSIONING PROCESS OF IT. IF THEY'RE NOT GONNA GET THE MEGAWATTS OUT. I JUST, WHEN YOU THINK ABOUT AN INDUSTRIAL AREA SITTING, I MEAN, DOES IT, IS IT BECOME A SAFETY HAZARD THAT, I MEAN, IF THERE'S A FIRE, I DON'T KNOW THAT, I'M JUST TRYING TO THINK DOWN THE ROAD. IF WE HAVE A COMPANY THAT EXITS ON US MM-HMM, , UM, AND THEN WE'RE LEFT WITH THIS INDUSTRIAL SITE TO DEAL WITH, IT'D BE BETTER TO DEAL WITH IT SOONER RATHER THAN LATER. I AGREE. BUT I, I WASN'T SPEAKING OF JUST MAINLY PANELS, RIGHT, I WAS THINKING OF BIG PICTURE, MAINTAINING EVERYTHING, BIG PICTURE. BUT YEAH, I HAVE QUESTIONS LEGALLY OF HOW WE DO THAT. 'CAUSE IT'S A LOT DIFFERENT THAN ANY OF MOST ORDINANCES THAT, THAT I'VE SEEN WITH WHEN IT COMES TO, UM, YOU KNOW, THERE ARE CERTAIN, THERE ARE CERTAIN TIMES LIKE, UM, IF YOU, IF YOU, IF YOU HAVE, IF YOU HAVE A FIRE AND YOU YOU'RE WORKING THROUGH CERTAIN THINGS AND YOU HAVE TO STOP POWER FOR THREE TO FOUR MONTHS, DOES THAT PART SAY, YOU KNOW, JUST CERTAIN LEGAL CONSIDERATIONS THAT I, THAT I, THAT I'M THINKING OF THAT POP UP IN MY HEAD? I'M NOT SAYING NO, BUT I'M THINKING, WAIT A MINUTE, THERE'S GOTTA BE SOMETHING ELSE THAT, THAT, YOU KNOW, WHAT, WHAT ARE SOME LEGAL CONSIDERATIONS? AND TO, TO PIGGYBACK OFF OF MR. WADE'S CONCERNS, UM, I WOULD SAY, YOU KNOW, A GLOBAL PANDEMIC OR SOME SOMETHING, I, I THINK MS. CHEEK, THE, THE EXAMPLES THAT YOU'RE THINKING OF ARE A COMPANY ALL OF A SUDDEN GOES BANKRUPT AND PULLS OUT BECAUSE THEY NO LONGER HAVE RESOURCES AS OPPOSED TO MAYBE AN ACT OF GOD OR SOMETHING UNFORESEEN THAT HALTS OPERATIONS, EVEN A, A FIRE WOULD BE CONSIDERED AN ACT OF GOD THAT HALTS OPERATIONS AS OPPOSED TO JUST, YOU KNOW, IN, IN THE MIDDLE OF THE NIGHT THE COMPANY LEAVES, UM, BECAUSE THEY ARE, THEY ARE BANKRUPT OR SOME, SOME OTHER SITUATION HAS OCCURRED WHERE THEY ARE NO LONGER SOLVENT. UM, SO PERHAPS THAT'S SOMETHING THAT MR. WADE AND I CAN WORK ON AND, AND MAYBE THERE'S, MAYBE THERE'S A HAPPY MEDIAN THAT WE CAN, THAT WE CAN, UH, FORMULATE SOME LANGUAGE THAT WOULD STILL, UH, ALLOW FOR UNFORESEEN SITUATIONS, UM, BUT ADDRESS SITUATIONS WHERE THE, THE COMPANY BECOMES INSOLVENT, UH, BECAUSE THAT IS 100% A SITUATION WHERE WE WOULD GO AFTER THE BOND. SO, AND I THOUGHT WE WERE ALSO TALKING ABOUT AT 25 YEARS THESE PANELS OF UNITED EFFICIEN AS PRODUCING POWER AS THEY WERE AT YEAR ONE. SO DOES THE, THE COUNTY'S REVENUE IS BASED OFF OF, UM, HOW MANY MEGAWATTS THEY PRODUCE? CORRECT. SO LET'S SAY THEY'RE SUPPOSED TO BE PRODUCING 350 MEGAWATTS AND IN YEAR 25, THE ONLY PRODUCING 275 MEGAWATTS OFF THE SAME PANELS, EVERYTHING. BUT IT'S JUST THE EFFICIENCY OF THE PANELS. UM, IS THERE SOMETHING THAT, UH, WE CAN PUT IN THE LANGUAGE TO, YOU KNOW, KEEP AT 350 MEGAWATTS, THAT'S WHAT YOU, YOU KNOW, GOT THE CONDITIONAL USE FOR TO DO IT THAT PROPERTY? DO WE KEEP IT, YOU KNOW, YOU EITHER GOTTA UPGRADE THE PANELS OR YOU GOTTA START, YOU KNOW, I, I DON'T KNOW. IT MIGHT NOT, IT MIGHT NOT BE NOTHING WE CAN DO TO DO IT. I'M JUST, YOU KNOW, UM, THAT TO ME THAT'S MORE OF A CONCERN FOR FORD SUPERVISORS WHEN THEY START LOSING, YOU KNOW, THEIR REVENUE AT THE END OF BEING. SO I, I THINK ONE, ONE OF THE WAYS THAT, THAT IT LOOKS LIKE THE, A LOT OF, A LOT OF LOCALITIES AND, AND SUR AS WELL, UM, THEY'RE, THEY'RE ADDRESSING THINGS THROUGH A CITING AGREEMENT. AND SO BEFORE IT WAS STRICTLY OFF LIKE MM AND T AND USUALLY OVER M AND T WHEN IT COMES TO SOLAR PROJECTS, YOU HAVE DIMINISHING VALUE FOR YOUR PANELS. AND TYPICALLY OVER FIVE YEARS YOU START SEEING A, SEE A HUGE BIG DROP IN REVENUE. WHEN IT COMES TO M AND T WITH THE STUDY AGREEMENTS, LIKE EVERY FOUR TO FIVE YEARS, THERE'S A SIGNIFICANT LIKE INCREASE. SO THE STUDY AGREEMENTS WITH THE GENERAL ASSEMBLY, THEY, THEIR, THEIR VALUE HAS GONE UP. EVEN THOUGH THE PANELS, THE VALUE ITSELF MAY HAVE GONE DOWN. SO THAT'S WHAT, THAT'S WHAT'S HAPPENING NOW. AND WHAT PEOPLE ARE SEEING NOW IS VALUE PANELS [01:00:01] OVER TIME, THEY MAYBE BECOME MORE EFFICIENT. SO YOU MAY HAVE LESS PANELS, WHICH MAY INDICATE LATER ON YOU MAY, YOU MAY SEE DECOMMISSIONING OF CERTAIN AREAS ON THE PROJECT LATER ON. IF YOU HAVE, IF YOU CAN GET MORE MEGAWATTS ON A CERTAIN TYPE OF PANEL, LET'S SAY IN 20, IN 15 YEARS, YOU MAY HAVE LESS PANELS, BUT YOU CAN, IF YOU GENERATE MORE ENERGY FROM IT, YOU MAY SEE, YOU MAY SEE LESS PANELS. I I'M NOT SAYING YOU WILL, BUT YOU MAY SEE LESS. SO I THINK IT, I THINK IT DEPENDS ON WHO DEVELOPER IS. BUT WHAT I'M SEEING RIGHT NOW, THE WAY THAT THE CURRENT REVENUE SITUATION IS, THEY, I THINK THEY STRUCK A BALANCE BETWEEN COUNTIES AND, AND THE DEVELOPERS OF THE COUNTIES ARE LIKE M AND T EVERY AFTER FIVE YEARS. WE'RE, WE'RE NOT, WE'RE SEEING DIMINISHING RETURNS HERE. WE EVERY, YOU KNOW, GETTING SMALLER, SMALLER WHILE YOU GUYS ARE STILL MAKING MORE MONEY. SO THEY FEEL LIKE, OKAY, THE COUNTIES OVER, OVER FIVE YEARS, WE SHOULD SEE IN INCREASES EVERY, EVERY FIVE OR THREE YEARS. THAT'S, THAT'S WHERE I SEE THINGS NOW. BUT THAT'S A, THAT'S A WHOLE NOTHER CONVERSATION OUTSIDE OF, OUTSIDE OF LAND USE. SO JUST, UM, JUST, JUST FYI JUST FOR, JUST FOR THE TOPIC OF DISCUSSION. 'CAUSE WE ARE TALKING ABOUT AT, AT THIS POINT OF, UM, MAYBE DECOMMISSIONING, BUT JUST HELP YOU UNDERSTAND SOME, SOME OF THE REVENUES AND WE'LL BRING MORE, WE'LL BRING MORE UNDERSTANDING OF THAT TOO. I THINK IT'S HELPFUL TO UNDERSTAND HOW THE STRUCTURES WITH SOLAR ACTUALLY WORK EVEN MORE. 'CAUSE YOU ALWAYS SEE DIFFERENT THINGS CHANGING FROM YEAR TO YEAR. AND IF, IF YOU'RE KEEPING TRACK OF IT, IF YOU'RE KEEPING TRACK FOR THE LAST TWO YEARS, YOU MISS A LOT . SO I'M NOT SAYING YOU DIDN'T CHEAT TRACK FOR THE LAST TWO YEARS. I'M SAYING IF YOU, IF IF YOU DID, RIGHT, I KNOW IF YOU DIDN'T, THOSE ARE SOME THINGS THAT YOU WOULD MISS OUT ON. UM, BUT IT SOUNDS LIKE WE GOT SOME HOMEWORK CUT OUT FOR US, UM, TO GO TAKE A LOOK AT. AND, AND, AND WHILE WE'RE WORKING ON THIS TO FIX SOME OF THESE THINGS, UH, WE WILL BE WORKING ON ADDING THE REST OF THE ORDINANCE TOGETHER, INCLUDING DISTRIBUTED DISTRIBUTED SOLAR, WHICH IS, UH, ONE OF YOUR, I AT THE NEXT PAGE. LAST PAGE OF, UM, AND THERE WAS YOUR, YOUR DIFFERENT CIVIC USES. YOU GOT COMMUNITIES SCALE SOLAR, WHICH IS ONE MEGAWATT TO FIVE MEGAWATTS. YOU GOT DISTRIBUTED SOLAR. AND THAT'S THAT AGAIN, THAT'S LIKE YOUR RESIDENTIAL, UM, ROOFTOPS OR, OR GROUND MOUNT IN SOLAR THAT YOU, IF IF, IF YOU, IF YOU HAVE A RESIDENTIAL FACILITY, UM, OR OR, OR SINGLE FAMILY HOME, THESE ARE SOME OF THE THINGS THAT YOU MIGHT HAVE AT YOUR FARM OR SOMETHING LIKE THAT TO, TO HELP DRAIN POWER ON SITE. AND THEN YOU GOT UTILITY SCALE SOLAR. THESE ARE NEW DEFINED USES. UM, WE'RE NO LONGER USING THE TERM SOLAR FARM. UM, THAT'S SOMETHING THAT WE'RE NOT DOING ANYMORE, IS WE'RE SEEING, WE'RE NOT CALLING SOLAR FARMS ANYMORE. WE'RE CALLING IT, UM, EITHER COMMUNITY SCALE SOLAR OR, OR UTILITY SCALE SOLAR. SO THAT'S SOME OF THE THINGS THAT WE'RE DOING A LITTLE BIT DIFFERENTLY NOW. UM, AND WE'RE GONNA BE INCORPORATING THIS INTO THE MAIN, INTO THE MAIN ORDINANCES, THE SEAMLESS, I THINK RIGHT NOW I THINK MS. PERKINS AND MYSELF HAVE KIND OF LOOKED THROUGH THE ORDERS OF LIKE, WHY IS IT CAPTURED RIGHT HERE? IT'S LIKE IN, IT IS IN AN ODD PLACE IN THE ZONING ORDINANCE. THIS, BECAUSE IT'S NOT IN THE ZONING ORDINANCE. IT'S A, UM, UNICODE PLACE BASICALLY TRIED TO FIND A PLACE FOR IT AND THEY DIDN'T PUT IT IN THE, IN THE PLACE WE THOUGHT IT SHOULD GO. SO, UM, AND, BUT WE BE DOING AWAY WITH THAT AND PUTTING A NEW SECTION IN PLACE SO THAT IT WILL BE A PART OF THE, THE SUR COUNTY DURING ORDINANCE. UM, SO THAT'S, THAT'S ALL WE GOT FOR YOU TONIGHT FOR THIS PART. UM, STAY TUNED FOR OUR NEXT EPISODE, . OKAY. ARE THERE ANY OTHER QUESTIONS FOR MR. WADE? OR I ASK A QUESTION, I'M SORRY. BEING THERE'LL BE A PUBLIC RECORD, UM, EXCUSE ME. WE'LL LET YOU ADDRESS THAT AT THE PUBLIC AREA AND THAT THAT'S NOT TOO LONG AWAY. I DON'T THINK SO. I CALL LATER DOWN THE ROAD. NO, NO. LATER TONIGHT. ABOUT MINUTES AWAY OR PUBLIC COMMENT, PUBLIC COMMENT SECTION OF OUR THANK YOU. OKAY. UM, SIR, IF THERE'S NO OTHER QUESTIONS FROM MR. WADE OR THE SUBCOMMITTEE, LIKE I SAID, WE GOT TO, UH, WE GOT THE WHOLE ORDINANCE HERE AND ALL THAT IN BLUE IS, UH, IS, UM, YOU KNOW, SOMETHING THAT IS BEING ADDED OR, OR THE WORDAGE IS, IS, UM, THERE. SO HEARING ANY NO OTHER, UM, COMMENT. THEN I WILL MOVE ON TO THE NEXT THING ON THE AGENDA. AND THAT'S GOING TO BE A NEW BUSINESS. AND WE HAVE A PUBLIC HEARING FOR THE, UH, ORDINANCE AMENDMENT. AND MR I'LL GET YOU TO GIVE THE, UH, [01:05:01] BRIEF DETAILS ON LEFT. YES, SIR. MR. CHAIRMAN BROCK. WE'VE GOT A PUBLIC NOTED A PUBLIC HEARING TODAY FOR ORDERS AMENDMENT. APPOINTING COMMISSION WILL HOLD A PUBLIC HEARING TO CONSIDER AND INTENDS TO TAKE ACTION ON THE ADOPTION OF AMENDMENTS TO THE UNQUALIFIED WETLANDS ORDINANCE ADOPTED ON FEBRUARY 16TH, 2006, AND CODIFY THE ORDINANCE BY AMENDING ARTICLE THREE ZONING DISTRICTS AND BOUNDARIES, SECTION THREE DASH 1 0 1 B AND ADD SECTIONS THREE DASH SIX THREE DASH 1600 THROUGH THREE DASH 1613 AS A NEW SPECIAL OVERLAY ZONING DISTRICT, UH, WETLANDS DISTRICT TO THE SURREY COUNTY ZONING ORDINANCE TO REFLECT AND UPDATE PROVISIONS BY CONTROLLING THE USE AND DEVELOPMENT OF WETLANDS IN THE SURREY COUNTY IN COORDINATE WITH VIRGINIA CODE SECTION 23.2, I'M SORRY, 28.2 DASH 1302. AND TONIGHT WE DO HAVE THE ORDERS BEFORE YOU MS. PERKINS, IF YOU WANNA GO OVER SOME OF THE DIFFERENT CHANGES. AS I MENTIONED AT, UH, THE PLANNING COMMISSION'S LAST MEETING WHERE THIS WAS MOTION TO COME BEFORE TO, FOR TONIGHT'S MEETING FOR A PUBLIC HEARING. UM, THE WETLANDS ORDINANCE IS SET OUT IN VIRGINIA CODE. IT'S VERY SPECIFIC LANGUAGE THAT HAS TO BE MODELED. AND THE GENERAL ASSEMBLY IN 2023 MADE SOME UPDATES TO THAT LANGUAGE. AND ALL LOCALITIES THAT HAVE A WETLANDS ORDINANCE ARE REQUIRED TO BRING THEIR WETLANDS ORDINANCE INTO, INTO COMPLIANCE. AS YOU HEARD, MR. WADE SAID, OUR WETLANDS ORDINANCE HAS EXISTED SINCE 2006. UM, BUT WHEN IT WAS, UH, ADOPTED, ENACTED IN 2006, IT NEVER MADE ITS WAY TO OUR ACTUAL COUNTY CODE, UM, AND TO THE, UM, THE LAND DEVELOPMENT SECTION OF OUR COUNTY CODE. SO IT'S BEEN OUT THERE AND WE'VE BEEN CERTAINLY USING IT. UH, BUT AS PART OF THIS CLEANUP, WE WANT TO BRING IT UNDER OUR COUNTY CODE. SO IT'S CLEARLY CODIFIED AND, AND PART OF THE, THE OFFICIAL CODE. UM, I WISH I HAD A TIME MACHINE TO TELL YOU EXACTLY WHY THAT WASN'T DONE BACK IN 2006, BUT UN UNFORTUNATELY I DO NOT. UM, SO I, I CAN'T ANSWER ANY QUESTIONS AS TO AS TO WHAT HAPPENED BACK IN 2006. UH, BUT I CAN JUST BRIEFLY GO OVER THE CHANGES. SO THE ORDINANCE THAT YOU HAVE IN FRONT OF YOU, THE NEW LANGUAGE IS IN RED AND IN ITALICS, AND A CERTAIN LANGUAGE IS STRUCK THROUGH. AND A LOT OF THIS IS JUST, AGAIN, FORMAT FORMATTING IT AND PUTTING IT INTO THE, THE TYPE OF LANGUAGE AND MAKING SURE THE LANGUAGE IS CONSISTENT WITH WHAT VIRGINIA CODE CODE DICTATES. UM, THE, WHEN I WENT BACK AND PUT THIS ORDINANCE AMENDMENT TOGETHER, I DID GO BACK OVER SEVERAL YEARS OF VIRGINIA GENERAL ASSEMBLY CHANGES TO THE WETLANDS ORDINANCE TO MAKE SURE THAT EVERYTHING THAT HAS HAPPENED SINCE 2006 THAT IS CONTAINED IN THE CURRENT VIRGINIA CODE IS CAPTURED BY OUR ORDINANCE. SO YOU HEARD ME SAY EARLIER THAT THERE WERE CHANGES MADE IN 2023. NOT EVERYTHING YOU SEE IN RED WAS A 2023 GENERAL ASSEMBLY CHANGE. UM, AGAIN, I WENT BACK BECAUSE WHEN WE ENACTED OUR ORDINANCE IN 2006, WE HAVEN'T TOUCHED IT SINCE. SO THIS IS, THIS IS THE FIRST TIME THAT WE'RE DOING A COMPREHENSIVE REVIEW OF IT. UM, SO I, I'M HAPPY TO TRY AND ANSWER ANY QUESTIONS THAT YOU HAVE. I THINK THE CHANGES ARE PRETTY SELF-EXPLANATORY. AGAIN, A LOT OF JUST, UM, IT, IT'S IN A SENSE THIS IS A HOUSEKEEPING, UH, UH, HOUSEKEEPING AMENDMENT TO BRING US IN LINE WITH VIRGINIA CODE. BUT AGAIN, IF YOU HAVE SPECIFIC QUESTIONS, UM, I GUESS THE, THE ONLY THING I WILL BRING UP IS, AND WE TALKED ABOUT THIS A LITTLE BIT AT AT YOUR LAST MEETING, BUT YOU WILL SEE THAT THE ORIGINAL 2006 ORDINANCE HAD A SECTION 14 FOR APPEALS. UH, WHEN I WENT BACK AND I LOOKED AT THE CURRENT LANGUAGE OF THE CODE, UM, THERE THERE IS NO, THERE IS NO PROVISION FOR APPEALS. UM, THE, THE APPEALS FALLS UNDER OTHER OTHER LAWS AND IT DOES NOT NEED TO BE SET OUT IN OUR WETLANDS ORDINANCE. THAT WOULD BE SOMETHING THAT, THAT WOULD BE HANDLED AT THE STATE THROUGH HELP ME OUT COURSE. VMRC. VMRC. THANK YOU. I ALWAYS FORGET THAT ACRONYM. [01:10:01] SO IT'S NOT THE ELIMINATION OF THE APPEAL SECTION IN OUR ORDINANCE DOES NOT MEAN THAT SOMEONE CANNOT APPEAL. UM, IT'S JUST NOT NECESSARY IN OUR ORDINANCE BECAUSE THERE, THERE IS NO APPEAL. LIKE FOR EXAMPLE, IF SOMEBODY WANTED TO APPEAL, THEY CAN'T GO TO THE BOARD OF SUPERVISORS. THAT'S NOT THEIR AVENUE FOR APPEAL. THEIR AVENUE FOR APPEAL IS VMRC. SO, AND THAT AGAIN IS DICTATED BY, BY STATE LAW AND STATE REGULATION. ARE THERE ANY QUESTIONS I CAN ANSWER? OKAY, THANK YOU VERY MUCH. SO NO QUESTIONS AND UH, DO NOTED THAT IT'S KIND OF A HOUSEKEEPING, UM, YOU KNOW, UPDATE THE ORDINANCE THAT WE ALREADY HAVE. UM, IDENTIFYING A MOTION THAT WE, UH, ACCEPT THE ORDINANCE AS PRESENTED. MR. BROCK. HUH? WE STILL GOTTA OPEN IT UP FOR A PUBLIC HEARING. OH, I'M SORRY, DIDN'T AHEAD OF MYSELF. SORRY. AT THIS TIME I'LL OPEN THIS FOR, UH, PUBLIC HEARINGS FOR TO, UM, FOR THE ZONING DISTRICT AND BOUNDARIES, UM, COME FORWARD. STATE YOUR NAME AND YOUR DISTRICT YOU LIVE IN. AND MINE'S BEEN ON , RIGHT? WE WE'VE GOT ROOM, WE GOT, JUST HOLD ON. WE WE'RE GETTING THERE. WE GOT A PUBLIC COMMENT FOR THAT. THIS PERTAINS TO THIS ORDINANCE. IF, UH, NO, UH, ONE IS TO SPEAK ON THAT, THEN I'LL CLOSE THE PUBLIC HEARING. AND AT THIS TIME, UH, NO OTHER COMMENTS OR QUESTIONS. I'LL, UH, OPEN OR ENTERTAIN A MOTION THAT WE PLEASURE OF THE BOARD, MR. CHAIR. I MOVE THAT WE APPROVE ORDINANCE AMENDMENT NUMBER 2024 DASH OH ONE SECOND. IT'S PROBABLY MOVED. AND SECOND THAT WE, UH, APPROVED THE ORDINANCE, UM, AMENDMENT DASH 20 24 0 1. AND UH, I'LL DO THAT BY ALL IN FAVOR SAYING BY SAYING AYE I OPPOSED AS GARY. SO THAT'S THE LAST OF OUR NEW BUSINESS. ALRIGHT, THE NEXT THING ON THAT AGENDA IS PUBLIC COMMENT. , SORRY I DON'T GET A LOT OF TIME. I REALLY DON'T. I'M IN MY MATHS PROGRAM. TOO MANY PAPERS TO WRITE AND EVERYTHING ELSE. I HAVE A SIMPLE QUESTION TO ASK. HAS THE BOARD DONE A SURVEY OR WILL DO A SURVEY ON THE DISPLACEMENT OF WILDLIFE FROM THE PROPOSED AREAS OF THE SOLAR PANEL PROJECTS THAT YOU WERE PUTTING IN DUE TO ISSUES OF THEM DISPERSING ON OTHER FOLKS' LAND AND CAUSING SET ISSUES OF THE FACTS OF MORE COS UP ON MY PROPERTY. 'CAUSE I'M A LANDOWNER AND MY WIFE. OKAY. AND MORE BEARS AND OTHER THINGS. LEMME STOP YOU FOR A MINUTE. WE NEED YOUR NAME, ELWOOD AND WHAT DISTRICT DO YOU LIVE IN? I DON'T KNOW IT RIGHT UP. WE ROUTE 10 BY THE TON CLUB. WE'RE BEHIND THE RURAL, WE'RE BEHIND THE RURAL 10 CLUB. THAT ELWOOD CONNOR IS MY NAME THOUGH, SIR. OKAY. EL O'CONNOR'S MY NAME. CLEAR. AND, AND LIKE I SAY, I'M NOT GOOD AT THIS, THIS IS NOT MY FORTE. OKAY, CARRY ON. BUT I'M JUST WONDERING TO HAVE Y'ALL DONE A SURVEY IN THERE? SO WILL YOU DO A SURVEY FOR THE DISPLACEMENT OF THE WILD ANIMALS THAT ARE WHEN THEY'RE, WHEN YOU PUT IT IN THIS GRID AND THEY DISPERSE. NOW I GOT BEARS IN THERE. BIG, BIG BEARS. WE AIN'T TALKING BABY ONES. I GOT PACKS OF CO'S KILLING ANIMALS LESS THAN 75 YARDS IN THE WOODS FROM MY HOUSE THAT WE DIDN'T HAVE TWO OR THREE, FOUR YEARS AGO. AND I WAS JUST WONDERING, HAVE Y'ALL DONE THAT, YOU KNOW, TO SEE WHAT THE POSSIBLE EFFECTS OF THIS IS TO EITHER NEIGHBORING LANDOWNERS OR AREA LANDOWNERS WHEN YOU PUT THIS IN? BECAUSE I, I FEEL THAT WE DIDN'T HAVE THESE ISSUES TO THIS. THE SOLAR SITE NOT TOO FAR AWAY FROM US WENT IN AND IT'S LIKE, IT'S MOVED THEM ALL OVER TO US. AND IT'S NOT THAT I DON'T LIKE WILDLIFE 'CAUSE I DO, I LOVE MY DEER BEING IN MY FRONT YARD, BUT IT'S, IT'S THE BITY CRITTERS THAT I DON'T WANT IN MY FRONT. YOU KNOW, THAT [01:15:01] MANY OF 'EM IN MY FRONT YARD. SO THAT'S MY QUESTION TO YOU. RIGHT. UM, THAT WOULD BE SOMETHING I GUESS STAFF WOULD HAVE TO CHECK INTO. BUT PART OF THE DESIGN FOR THESE SOLAR PROJECTS IS THIS DEFENSIVE IS SUPPOSED TO LET THE UM, I GUESS THE CRITTERS PASS THROUGH IT AND WHETHER THEY CHOOSE TO OR NOT, YOU KNOW, IT'S NOT LIKE IF ONE GETS IN, HE'S GOTTA HAVE A WAY TO GET OUT AND IF ONE'S ON THE OTHER SIDE AND HE WANTS TO GO VISIT ON THE INSIDE, HE HAS A WAY TO GET OUT. SO, UM, YOU KNOW, NOT TO SAY THAT THEY AREN'T DISPERSED. 'CAUSE I'M A JOINTING LANDOWNER ALSO AND I HAVE, YOU KNOW, I'VE SEEN THE, THE INCREASE IN IT. UM, BUT OTHER THAN THE, UM, GAME COMMISSION IS, IS UM, IS AN AVENUE I WOULD THINK THAT, YOU KNOW, COULD BE, UH, LOOKED INTO. BUT, UM, I, I DON'T, I DON'T KNOW WHAT YOU, WHAT YOU, I JUST, YOU KNOW, WANT, IF Y'ALL LOOK AT IT, MAYBE FIGURE OUT SOME WAY TO KIND OF HELP REMEDY, REMEDY THE ISSUE A LITTLE BIT IF IT'S AT ALL POSSIBLE. THAT'S ALL, THAT'S ALL I'M WONDERING, YOU KNOW, IF YOU CAN DO THAT, IT WOULD BE GREAT. I UNDERSTAND THAT PROGRESS IS PROGRESS AND YOU GOTTA HAVE PROGRESS FOR A COUNTY TO SURVIVE. I'M NOT AGAINST SOLAR PANELS. I, YOU KNOW, I'VE BEEN AROUND THEM, THEY DON'T BOTHER ME, YOU KNOW, BUT, BUT COYOTE'S KILLING SOMETHING LESS THAN 75 YARDS OVER THERE AND MY WIFE'S SCARED TO WALK THE DOGS SO THEY MIGHT ATTACK THE DOGS IS A WHOLE ENTIRELY DIFFERENT ISSUE. AND I WOULD JUST ASK Y'ALL IF Y'ALL WILL KIND OF LOOK INTO THAT AND I'D APPRECIATE THAT. OKAY. NOT JUST FOR ME, BUT FOR THE COUNTY TOO. THANK YOU. ALRIGHT. THANK YOU. THANK YOU. ANY OTHER PUBLIC COMMENT? I, IS IT A PUBLIC COMMENT IF I JUST WANTED TO SORT OF GIVE ADVICE ON WHAT YOU SAID? YEAH, YEAH. OKAY, COOL. SO MY NAME'S TARA PAS, I LIVE IN VIRGINIA BEACH. SO I'M NOT FROM HERE, BUT I AM A GEOLOGIST. AND BEFORE SOLAR PANELS ARE ACTUALLY PUT ON THE PROPERTY, THERE'S AN ENVIRONMENTAL SITE ASSESSMENT THAT TAKES INTO CONSIDERATION THE WILDLIFE AND ANY HABITAT AND FLORA AND FAUNA. SO TO ANSWER YOUR HUSBAND'S QUESTION, THAT'S SOMETHING THAT HAPPENS WITH AN ENVIRONMENTAL SITE ASSESSMENT BEFORE THE PROJECT EVEN TAKES PLACE. JUST FYI. SO THANKS. THANK YOU. NO OTHER PUBLIC COMMENT. I'LL, UH, ASK FOR, UM, MR. WADE TO, UH, COMMITTEE UPDATES. AND SO A COUPLE OF COMMITTEE UPDATES. I I, MAYBE THIS IS COMING FROM YOU ALL 'CAUSE YOU, YOU GUYS ARE THE COMMITTEE, UM, YOU, YOUR, YOUR NEXT, YOUR NEXT MEETING IS COMING UP PRIOR TO, PRIOR TO PRIOR TO THE NEXT MEETING. YOU GUYS GOT SOME WORK. AND I GUESS I GOT SOME WORK TOO, UM, WITH THE ZONING SUBCOMMITTEE TO, TO FINISH UP THIS, UH, SOLAR, SOLAR ORDINANCE AMENDMENT. UM, SO YOU ALL HAVE SOME WORK FOR YOU, BUT I WONDER IF IF IF THE, IF THE THREE OF YOU WHO ALSO ON THE ZONING SUBCOMMITTEE WHO ALSO WENT TO THE, THE, UH, A PA PLANNING CONFERENCE, WANTED TO SAY, YOU KNOW, SHARE ANYTHING WITH THE REST OF THE COMMISSION ABOUT SOME OF THE THINGS THAT YOU, THAT YOU LEARNED OR YOU BROUGHT BACK. IT SOUNDS LIKE YOU BROUGHT, BROUGHT BACK SOME, SOME GOOD INFORMATION. I WANTED TO KNOW IF YOU WANTED TO SHARE ANY OF IT. WELL, I OH, GO AHEAD MR. BROWN. WELL, I WAS THERE FOR ONE DAY AND UM, WE, UH, DISCUSSED IT SEEMS LIKE ONE OF THE BIG, UM, CONCERNS IN THE STATE OF VIRGINIA IS THE DATA ENTRY CENTER THAT'S COMING DOWN THE ROAD. AND, UM, KING WILLIAM, THE GUYS, I MEAN, THEY WERE, UM, THEY'RE INUNDATED WITH THEM AND UM, AND, AND WE'VE GOT ONE APPROVED, BUT WE ALSO GOT A LOOK AT, UH, SEEMS LIKE THOSE PLACES UP THERE, THEY PUT THE DATA INTEREST CENTERS IN AND THEN THEY BUILT AROUND THEM, OR EITHER THEY WERE ALREADY BUILT AROUND AND THEN THEY PUT A, THERE A, UM, UM, SECTION OF LAND THERE TO, TO DO IT. UM, HOPEFULLY WE COULD, UM, BE AHEAD OF THAT BALL GAME IF, UH, YOU KNOW, IF WE'RE PUTTING THE DATA INTEREST CENTER RIGHT NEXT TO UNDER THE POWER PLANT. THAT WAS ONE OF THE THINGS THAT WE WEREN'T SUPPOSED TO, UM, OR THEY DIDN'T RECOMMEND PUTTING, UM, YOU KNOW, UM, DEVELOPMENT RIGHT UNDERNEATH THE NEW KAPOW PLANT IN CASE YOU HAD A EVACUATED OR SOMETHING. AND WE'VE COME CLOSE TO A PROVEN PLACES OF, YOU KNOW, UM, THERE WAS A BIG, UH, UM, HOUSING DEVELOPMENT DOWN THERE THAT, YOU KNOW, UH, WAS IN THE PROCESS OF GETTING THROUGH, NEVER WENT THROUGH OR WHATEVER, BUT THERE'S SOME OF THE ISSUES THAT THE WHOLE STATE IS HAVING AND, UH, SEEMS LIKE, UM, VIRGINIA IS A PRIME AREA FOR THE DATA INTEREST CENTERS THAT'S COME DOWN. WE THOUGHT SO WAS, BUT THOSE PEOPLE [01:20:01] ARE, YOU KNOW, REALLY, YOU KNOW, UM, HAVING THE DATA INTEREST CENTER PEOPLE COMING TO THEM. UM, SO LIKE I SAID, I WAS ONLY THERE FOR ONE DAY. AND, UH, SO MS. CHEEK AND MR. NEW, I CAN, UH, EXPAND ON WHAT ELSE WAS GOING ON. WELL, I WOULD LOVE TO EXPAND ON IT, MR. BROCK. BUT, UH, ALL OF MY INFORMATION I HAD PUT IN MY CELL PHONE AND THEN MY CELL PHONE WENT BAD, AND I HAD TO DO AN EXCHANGE. AND THEN THE TRANSFER OF INFORMATION, ALL OF MY NOTES WERE LOST. SO I'M NOT AS YOUNG AS I USED TO BE. SO EVERYTHING THAT I TOOK PART IN, I KIND OF PUT IT ON MY PHONE HOPING TO MAKE NOTES FROM IT. AND UNFORTUNATELY THAT DIDN'T OCCUR. SO MAYBE MR. CHEEKS CAN SHARE SOMEWHAT OF WHAT SHE, WELL, I, I DID WRITE MINE DOWN IN THE EMAIL 'CAUSE I CAN'T REMEMBER STACY, WE DON'T HAVE TO PUT THAT IN THE MINUTES THOUGH. OKAY. UM, BUT I DO, UM, WE DID HEAR A LOT ABOUT DATA CENTERS. THAT WAS A BIG TOPIC. UM, AND, AND OF COURSE FOR US TOO, UM, OUR, OUR PLACEMENT OF THE DATA CENTER IS GOOD. 'CAUSE THEN WE DON'T HAVE A WHOLE BUNCH OF TRANSMISSION LINES THAT ARE GONNA RUN THROUGH, HAVE TO BE ADDED. 'CAUSE IT'LL BE RIGHT THERE. UM, I THINK NOISE WILL BE SOMETHING THAT, UM, HORSE WILL BE INVOLVED IN A LOT AND LIKE HOW TO MITIGATE NOISE FROM THE 'CAUSE DEPENDING ON THE TYPE OF DATA CENTER, SOME ARE NOISIER THAN OTHERS WHERE THEY PUT THE GENERATORS AND THINGS LIKE THAT. SO AS THESE THINGS START TO BUILD OUT HORSE, WE'LL BE, I'M SURE HEAVILY INVOLVED IN ALL THAT. UM, ANOTHER TOPIC THAT, UM, I'M KIND OF HOPING THAT WOULD HAPPEN WITH US IS THAT WHEN THE COUNTY, UM, DEVELOPS HIS BUDGET, THIS, THE PLANNING COMMISSION COULD BE INVOLVED IN THE, UM, CIP PLAN. WHERE I KNOW WHEN I FIRST CAME ON THIS COMMISSION, THAT WAS ACTUALLY, UH, MS. ROLLINS CAME AND PRESENTED IT TO US AT LEAST, AND FOR ANY INPUT WE MAY HAVE AS A COMMISSION, BUT TO HAVE THE PLANNING COMMISSION INVOLVED IN THE DEVELOPMENT OF WHAT'S GONNA BE IN THE CIP PLAN FOR THE BUDGET JUST BRINGS TOGETHER THE WHOLE PLANNING OF THE COUNTY, YOU KNOW, FROM THE COMPREHENSIVE PLAN THROUGH OUR COMMISSION TO THE BOARD. AND, UM, I THINK THAT WOULD BE A GOOD THING IF WE'RE INVOLVED IN THAT IN THE YEARS TO COME. IF WE COULD BE. THAT WAS MY WHAT I REMEMBER. OKAY. THANK YOU. COOL. YEAH, WELL THAT, THAT WAS, THAT WAS A GOOD ADVENTURE OVER ACROSS, ACROSS THE, ACROSS THE WATER. AND I'M, I'M GLAD YOU ALL COULD, DID GET SOME, A LITTLE THANK YOU MORE, LITTLE BIT MORE EDUCATION. I, I, NEXT YEAR IS GONNA BE IN PORTSMOUTH, SO AT, AT THE, UH, RENAISSANCE RENAISSANCE HOTEL. SO IF ANYONE ELSE IS INTERESTED IN GOING TO THAT NEXT, NEXT YEAR, LET LET ME KNOW. I, I KNOW NORFOLK HAD ALL OF THEIR PLEA COMMISSIONERS GO, UH, I THINK IT WAS SIX OF THEM. I THINK I EVEN HEARD MR. HARDY'S ACTUALLY REALLY GOOD FRIENDS WITH ONE OF THEM. SO, SO, UM, YEAH. AND SO, UH, BUT IF THERE'S ANYTHING ELSE THAT, UM, THAT YOU WANNA, UH, THERE, MISS MS. PERKINS HAS SOMETHING ELSE TO ADD TO ADD TO THE, UM, THE LIST TO DISCUSS. AND I'M GONNA START WITH AN APOLOGY FOR NOT CATCHING THIS SOONER. UH, THE MINUTES FROM THE JUNE 24TH MEETING, UM, HAVE A TYPOGRAPHICAL ERROR IN THEM. THAT IS A PRETTY SIGNIFICANT ONE. UM, IT IS ON PAGE, UH, PAGE 16 AND, UM, IT IS THE FIRST FULL PARAGRAPH AND IT'S WHERE WE DISCUSS THE WETLANDS ORDINANCE AMENDMENT AND, UM, IT, IT READS MR. WOODHAM MOVE THAT THE WETLANDS ORDINANCE AMENDMENT BE BROUGHT FORTH PER VIRGINIA CODE SECTION 15.2, 2286 A SEVEN, A MOTION THAT THE PUBLIC INSTEAD OF ASSESSES IT SHOULD BE PUBLIC NECESSITY, CONVENIENCE, GENERAL WELFARE, AND GOOD ZONING PRACTICE. AND, UM, AGAIN, I APOLOGIZE FOR NOT CATCHING THAT SOONER, BUT WHAT I WOULD ASK THE COMMISSION TO DO IS, UM, THE, THE MINUTES WERE APPROVED UNANIMOUSLY. SO, AND ANY PERSON WHO VOTED TO APPROVE THE MINUTES, UM, CAN DO A MOTION FOR RECONSIDERATION. AND IF WE COULD MAKE THAT AMENDMENT AND THEN REVOTE THE MINUTES THAT WAY IT WILL BE ACCURATELY REFLECTED. AND THAT THAT'S KIND OF IMPORTANT MAGIC LANGUAGE. UH, SO THAT'S WHY I WANT TO MAKE SURE WE WE GET IT CORRECT IN OUR MINUTES [01:25:02] COULD, SINCE YOU'RE ADDING THAT ONE LITTLE ONE, I DID NOTICE, UM, ON PAGE 14 IT SAYS WE WANT GOOD, THE LAST SENTENCE IN THE THIRD PARAGRAPH, IT SAYS, WE WANT GOOD PARTNERS TO COME TO SERVE. I THINK THAT MEANT TO SURY INSTEAD OF, I MEAN, IT WOULD BE GOOD PARTNERS TO COME TO SERVE, BUT I, I THINK IT MEANS SURY. UM, AND THERE WAS ANOTHER ONE IN THERE WHERE THEY TALK ABOUT A WOMAN HAVING A YARD STICK ON PAGE SEVEN, BUT I DON'T KNOW WHAT THAT WAS. SO ON PAGE SEVEN, THE THIRD PARAGRAPH ON THE BOTTOM, MS. COPELAND SAYS SHE DIDN'T BRING A YARD STICK. I COULD NOT TELL HOW CLOSE, BUT MAYBE THAT'S WHAT SHE SAID. I DON'T KNOW. I THINK THAT MAY BE WHAT SHE SAID. OKAY. SO IT SEEMED A LITTLE ODD, BUT SO THOSE BIG YARD STAKES. YEAH. OKAY. SO, SO AGAIN, IF, IF THE, IF THE COMMISSIONERS ARE WILLING, IF YOU COULD DO A, A MOTION TO, TO RECONSIDER THE APPROVAL OF THE MINUTES FROM, UH, THE JUNE 24TH MEETING AND THEN, UM, WE'D HAVE TO VOTE THAT WE WOULD NEED A SECOND FOR THAT MOTION AND THEN A VOTE FOR THE MOTION TO RECONSIDER. AND THEN WE WOULD ENTERTAIN A MOTION TO APPROVE THE MINUTES WITH THE CHANGES THAT MS. CHEEK OUTLINED AND THE CHANGES THAT I OUTLINED AS WELL. I ENTERTAIN A MOTION TO, UM, MR. CHAIRMAN, I'D LIKE TO, UH, MAKE A MOTION TO, UM, TAKE IN CONSIDERATION THEN, UH, UH, THE JUNE 24, 24 MEETINGS, UM, I GUESS TO OPEN IT BACK UP FOR APPROVAL. SECOND, PROBABLY MOVED AND SECOND THE MOTION FOR TO, UM, RECONSIDERATION. RECONSIDERATION OF THE, UM, JUNE 24TH MEETING. MINUTES, ALTHOUGH IN FAVOR SECOND BY BY SAYING AYE A. AYE. NOW WE NEED A MOTION TO ACCEPT THE NOTED CORRECTIONS. MR. CHAIR. I MOVE THAT WE ACCEPT THE, UM, CHANGES CONSIDERED BY MS. PERKINS, UH, MS. CHEEKS AS WELL AS ONE MORE CHANGE. UH, THE NAME OF BRION PIERCE SHOULD BE B-R-E-Y-O-N. SINCE WE ARE MAKING CHANGES, SINCE WE ARE MAKING CHANGES, IF YOU DON'T MIND, BUT, UH, BUT YES, BUT I MOVE AGAIN, MOVE THAT WE, UH, AMEND THE MINUTES FROM THE JUNE 24TH, 2024 TO THE RECOMMENDATIONS THAT MS. PERKINS, MS. CHEEKS, AND MYSELF HAVE MADE. SECOND. ALRIGHT, WE GOT A MOTION THAT TO UM, APPROVE THE MINUTES FOR, UM, JUNE 24TH WITH DENOTED CORRECTIONS THAT MS. PERKINS, MS. CHEEKS, AND MR. PIERCE MADE, UM, HAS BEEN PROPERLY MOVED TO SECOND. SO ALL THOSE IN FAVOR SECOND BY FOR SAYING AYE. AYE. OKAY. THANK YOU VERY MUCH. ALRIGHT, SO I THINK THAT WILL CONCLUDE OUR, UM, PLANNING COMMISSION MEETING TONIGHT. UH, I WOULD, UH, ENTERTAIN A MOTION THAT WE ADJOURN TO THE NEXT MEETING. MR. 23RD, SEPTEMBER 23RD. SEPTEMBER THE 23RD. YES SIR. ALL THOSE IN FAVOR SAY GOODBYE OF SAYING AYE. A AYE, AYE. AS HEAVEN. SO, UH, ADJOURN. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.