* 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. WITHIN THE [00:00:01] ZONING ORDINANCE. [*This meeting was joined in progress*] [Planning Commission on October 28, 2024.] SO WHEN WE GET TO OUR SUPPLEMENTAL REGULATIONS, THIS IS HOW, UM, THESE, THE PERFORMANCE STANDARDS FOR COMMUNITY SKILLS, ENERGY FACILITIES OR UTILITY SKILLS, SOLAR ENERGY FACILITIES, UM, EACH PROJECTS TO HAVE A PROJECT IN LIAISON, A INDEPENDENT ENGINEER, A CONSTRUCTION BOND. THESE CONSTRUCTION BONDS ARE VERY MUCH SIMILAR, THAT OUR DEVELOPERS ARE, ARE TYPICALLY USED TO. UM, WE, THEY TYPICALLY APPLY, USE THEM WHEN, UM, THEY APPLY FOR LAND, THEIR LAND, UH, LAND SERVICE PERMITS. THEY TYPICALLY, UH, HAVE THAT, THEY HAVE, THEY PAY THAT FEE WHEN THEY APPLY FOR THEIR LATEST DISTURBANCE, PERMITS FEES. SO IT'S NOT, IT'S NOT SOMETHING NEW. WE JUST PUT IT IN WITHIN THE ORDINANCE. SO IT'S NOT SOMETHING THAT THEY'RE NOT USED TO. VISUAL IMPACTS, UM, NATIONAL STANDARDS FOR SABLE PANELS AND BATTERY TECHNOLOGIES, SETBACKS, AGAIN, 300 FOOT SETBACKS. UM, SECURITY FENCING, MAINTENANCE OF THE FACILITY. UM, I THINK THIS WAS SOMETHING THAT YOU ALL WORKED ON, BUT RECENTLY WAS ALL AND OPERATIVE COMPONENTS OF THE FACILITIES HAVE BE REMOVED FROM THE PROJECT PARCELS WITHIN SIX MONTHS OF INOPERABILITY. THAT'S SOMETHING YOU ALL WORKED ON RECENTLY. NOISE AND ANSWER ONE OF YOUR QUESTIONS, MS. CHEEK ABOUT NOISE. UM, THAT QUESTION, THIS PARTICULAR SECTION COMES FROM THE PREVIOUS ORDINANCE. AND SO WHAT, WHAT I ENVISIONED WAS DETAILED ABOUT, UM, BEING NO MORE STRINGENT ON THE UNDER UNDERLYING ZONING DISTRICT, WAS THAT IT MAY, AT A FUTURE DATE, THAT SOMEONE MAY AMEND THE ZONING DISTRICTS TO ALLOW FOR MORE STRINGENT NOISE RESTRICTIONS FOR A ZONING DISTRICT. SO THEY ALLOW THIS, THEY PLACE THIS IN THE ORDINANCE. THAT IS MY THOUGHT. I DON'T KNOW THE, I WASN'T HERE IN 2018 WHEN THEY MADE THAT ORDINANCE, BUT THIS IS COPYING FROM THE PREVIOUS ORDINANCE. THIS, WELL, IT SEEMED TO ME, AND, UM, MY OTHER COMMISSIONERS BETTER, BUT AT ONE TIME, BEFORE WE MOVED TO THIS NEWER ORDINANCE, I GUESS UP ON THE LINE, THERE USED TO BE SOMETHING ABOUT NOISE IN THE DIFFERENT, UH, ZONES. I MEAN, ISN'T THAT WHAT THIS IS TELLING US IN NUMBER 11, NOISE REQUIREMENTS FOR SOLAR PROJECTS WILL BE NO MORE STRINGENT THAN THE NOISE REQUIREMENTS FOR OTHER TYPES DEVELOPMENT IN UNDERLINING ZONE, WHICH IS NOW M1, RIGHT? MM-HMM. . SO, BUT WHEN YOU LOOK AT M1, THERE'S NO DEFINITION. THERE'S THERE NOISE, THERE'S NOTHING THERE. AND SO WE KNOW THERE'S A VERY BIG CONCERN ABOUT NOISE. SO I THINK WE HAVE A LITTLE GAP. OKAY. I, I THINK WE CAN LOOK AT, WE, WE, WHAT WE, WHAT WE KNOW IS THAT WE CAN ADDRESS A LOT OF THE CONCERN THROUGH NOISE, THROUGH CONDITIONS. THAT'S SOMETHING THAT WE CAN ADDRESS. AND I THINK THAT'S SOMETHING THAT WE, THAT WE ARE AWARE OF. UM, I'M JUST, I'M JUST MOVING THROUGH THE WHOLE OKAY. EVERYTHING UP IN THERE. OKAY. OKAY. THANK YOU FOR CLARIFYING THAT. UM, AND THEN SIGNAGE. THIS IS SOMETHING, AGAIN, THESE ARE SOME OF THE THINGS THAT ARE NOT NEW. UM, THEY WOULD PICK VEGETATIVE BUFFERS, UM, AGAIN, 300 FOOT BUFFER TO MATCH TYPICALLY WITH THE, UH, I THINK IN, IN THIS CASE, YOU MADE IT CLEAR THAT THE BUFFER SH UH, UM, SHOULD NOT CONTAIN THE STORMWATER HOLDING PONDS. UM, THEY, THEY MAY REQUIRE INCREASED SETBACKS IF NEED BE. AND THAT, THAT'S SOMETHING THAT YOU CAN DO FOR YOUR CP PROCESS. YOU, LET'S SEE, HEIGHTS, IT'S SOMETHING THAT'S, UH, STAYS THE SAME 18 FEET LIGHTING INSPECTIONS. THOSE ARE, THOSE ARE SAME AIRPORT PROXIMITY. AND THEN WHAT, WHAT YOU ALSO NOTICE IN YOUR PACKETS TODAY TOO, UM, YOU DO HAVE, I THINK WE ADDED ONE PARTICULAR NEW ITEM, NUMBER 18 THAT WE ADDED, UH, GROUNDWATER MONITORING. WE WANNA MAKE SURE WE DID NOT MISS ANYTHING. SO THAT'S ONE OF THE THINGS THAT WE PICKED UP THAT WAS, THAT WAS MISSED. SO WE PLACE, SO WE INCLUDED THIS. SO WE, WE DO ASK THAT WHEN, WHEN YOU, FOR THE MOTION FOR THAT. WE ALSO INCLUDE THESE, THIS INFORMATION HERE FOR, UH, GROUNDWATER MONITORING. LET'S SEE. OKAY. THEN WE HAVE WAIVERS AND MODIFICATIONS. WE HAVE CONDITIONS, AND THEN WE GET TO DECOMMISSIONING. AND WHAT YOU HAVE BEFORE YOU IS THAT MS. PERKINS PLACED BEFORE YOU WAS AN AMENDMENT OF SECTION FOUR DASH 6 0 8 E THREE A. AND, AND SO IF, IF YOU, IF YOU WILL TAKE A LOOK AT THAT HERE, AND IT'S SOMETHING [00:05:01] THAT YOU ALL, THAT WE TALKED ABOUT TOO, UM, WOULD REDUCE IT. THE OTHER SIX MONTHS, THERE WAS A CONCERN THAT WE HAD AND I, THAT WE FEEL AS THOUGH ACTS OF GOD OR THINGS OF THAT NATURE THAT WOULD, THAT WOULD BE ADDRESSED THERE. SO THAT'S, THAT'S IN YOUR PACKET FOR INCLUSION AS WELL. AND THEN THAT, THAT'S, THAT'S THE DECOMMISSIONING THAT, AND THAT'S ALL YOU HAVE RIGHT THERE. RIGHT HERE. YOU ARE PROPOSING, UM, FOR US TO ADD, TO MODIFY IT THAN WHAT CORRECT. HAVE DONE SO FAR. THIS IS A NEW THING. YES. FOUR, YES. FOUR, THREE A. YES MA'AM. AND THE, AND THE REASON THAT IT WAS UPDATED, WE HAD TALKED, UH, GO AHEAD. UH, MR. CHAIRMAN, MEMBERS OF TECHNICIAN, UH, SO WE HAD DISCUSSED INCLUDING SOME CAVEAT FOR ACTS OF GOD. UM, AND, BUT THAT NEVER, THAT WAS PART OF OUR DISCUSSION, BUT THAT NEVER MADE IT INTO THE FINAL VERSION OF THE, OF THE DRAFT ORDINANCE. THAT WAS, THAT WAS PROVIDED TO ALL OF YOU IN ADVANCE. AND THEN, UM, THE, THE SECOND PART OF THIS IS, UM, WE DID RECEIVE SOME CONCERNS THAT, UH, SIX MONTHS WAS A LITTLE BIT TOO SHORT OF TIME SPAN. AND THAT THERE, UH, BECAUSE OF SUPPLY CHAIN ISSUES, IT IS POTENTIAL, THERE IS POTENTIAL THAT, UM, A SITE WOULD HAVE TO BE DOWN FOR LONGER THAN SIX MONTHS IF THEY'RE WAITING ON SOME SORT OF PARTS OR SOME, SOME NEW, UH, SOME, SOME SORT OF REPLACEMENT. BUT THE OBJECTIVE WOULD BE TO CONTINUE TO, UM, REENERGIZE THE PROJECT AND CONTINUE THE WORK OF THE PROJECT ONCE THAT HURDLE WAS OVERCOME. SO AGAIN, THIS IS SOMETHING THAT WE PUT BEFORE YOU FOR DISCUSSION. UM, WE UNDERSTAND THIS IS NEW LANGUAGE. UH, WE DID ALSO GO AHEAD BECAUSE THERE'S THE, UM, THIS LANGUAGE PROPOSES A, A LITTLE BIT OF AN EXCEPTION, UH, FOR THE SIX MONTHS. UM, WE ARE, WE DID ALSO GO AHEAD AND ADD THAT ANYTHING THAT WAS FOR 12 CONSECUTIVE MONTHS, THERE ARE NO EXCEPTIONS TO THAT, THAT WOULD HAVE TO GO AUTOMATICALLY TO DECOMMISSIONING. SO AGAIN, THIS IS NOT A LEGAL REQUIREMENT. THIS IS SOMETHING THAT WE'RE SIMPLY PUTTING BEFORE YOU, AGAIN, THE ACTS OF GOD PEACE IS NOT SOMETHING NEW. IT JUST DID NOT MAKE ITS WAY INTO THE, THE, THE FINAL DRAFT THAT'S IN YOUR PACKAGE. CAN YOU SPEAK TO, YOU SAID YOU RECEIVED CONCERNS. DID YOU HAVE A LOT OF CONCERNS THAT CAME APART, THAT SUPPORT? IT'S, IT'S NOT A TON, BUT IT'S A CONCERN THAT WAS BROUGHT UP. AND WE EVEN DISCUSSED THE, THE POTENTIAL, UM, DIFFICULTIES IN GOING FROM A 12 MONTH PERIOD DOWN TO A SIX MONTH PERIOD. SO, UM, AND AT THE TIME OF OUR DISCUSSIONS, I DID NOT, I DID NOT KNOW THAT THERE COULD BE SUPPLY CHAIN ISSUES. OBVIOUSLY. I UNDERSTAND THERE'S SUPPLY CHAINS CHAIN ISSUES ALL OVER THE PLACE RIGHT NOW. UM, BUT I, AGAIN, JUST SOMETHING FOR THE COMMISSION TO CONSIDER. HAD I LEARNED ABOUT THIS, WE WOULD HAVE PROBABLY TALKED ABOUT IT AT OUR LAST DISCUSSION. SO AGAIN, NOT LEGALLY REQUIRED, BUT JUST SOMETHING FOR, FOR YOU ALL TO HAVE AN OPPORTUNITY TO REVIEW AND SEE IF YOU WANT TO GO THIS ROUTE OR YOU WANT TO STICK WITH THE ORIGINAL LANGUAGE. SO COULD THIS BE ADDRESSED IN THE, YOU ARE OFTEN SAYING, OH, THAT CAN BE ADDRESSED IN THE CONDITIONS. IS THIS SOMETHING THAT COULD BE ADDRESSED IN THE CONDITIONS? IT CANNOT BECAUSE THE, THE WAY THE LANGUAGE IS DRAFTED RIGHT NOW, IT'S DEFINITIVE. IF YOU CEASE OPERATION AT FOR SIX MONTHS, UH, IF THE FACILITY CEASES TO GENERATE ELECTRICITY FOR A CONSECUTIVE SIX MONTHS, THE RESPONSIBLE PARTY WILL PROVIDE FOR ITS DECOMMISSIONING. SO THAT, THAT'S KIND OF PRETTY, PRETTY STRAIGHTFORWARD. THERE IS A SECTION AS MR. WADE, UM, JUST DISCUSSED ABOUT MODIFICATION AND WAIVING OF REQUIREMENTS. UM, I WOULD NOT SUGGEST THAT THIS TYPE OF THING BE DEALT WITH UNDER THAT, THAT OPTION, BECAUSE THAT JUST KIND OF OPEN, OPENS THE DOOR, YOU DID IT FOR ONE PERSON, WHY WON'T YOU DO IT FOR THE NEXT PERSON? UM, I THINK IT'S PROB BETTER ORDINANCE DRAFTING TO HAVE IT SPELLED OUT THE WAY THAT YOU ALL WISH TO HAVE IT SPELLED OUT. AND IF IT'S SIX MONTHS, THEN IT'S SIX MONTHS. UM, BUT THIS PROVIDES A, A LITTLE BIT, STILL SETS THE THRESHOLD AT SIX MONTHS, BUT PROVIDES SOME WIGGLE ROOM FOR POTENTIAL EXCEPTIONS, BUT SETS A DEFINITIVE DEADLINE FOR OF 12 CONSECUTIVE MONTHS. SO IF THEY DO HAVE AN ACT OF GOD DESTROYS THE PLACE IN SIX MONTHS, THEY HAVEN'T. AND THEN WE, THEY NOTIFY US THAT THERE IS HECK OF GOD. WE WOULD KNOW THAT, RIGHT? BUT THEY STILL ONLY HAVE SIX ADDITIONAL MONTHS TO GET BACK ONLINE. THEY CAN'T SAY, OH, WE'RE WAITING FOR OUR INSURANCE CHECK TO DO IT. I MEAN, AT 12 MONTHS, [00:10:01] IF THEY'RE NOT ONLINE, THEN THEY, DO THEY LOSE THEIR CONDITIONAL USE PERMIT? I MEAN, IS THAT VOID AND THEY HAVE TO START, YOU SEE WHAT I'M SAYING? THEY GOT A LOT OF MONEY INVESTED IN THERE. SO WOULD THEY HAVE TO START DECOMMISSIONING OR WOULD THEY BE ABLE TO COME BACK AND WITH ANOTHER CONDITIONAL, I MEAN, ARE THEY LOSING THEIR CONDITIONAL USE PERMIT AT 12 MONTHS OR? I DON'T BELIEVE THEY WOULD BE LOSING THEIR CONDITIONAL USE PERMIT, BUT IT WOULD, UM, YOU KNOW, MIGHT, MIGHT REQUIRE AN AMENDMENT, RIGHT? IT'S POSSIBLE. AND, AND IT IS PARTIAL THAT YOU, YOU, YOU GUYS MAY HAVE SEEN SOME OF THESE STORMS THAT HAPPENED IN FLORIDA WHERE LIKE THIS, LIKE A HUGE SWATH OF SOLAR PANELS WERE KIND OF EATEN UP. AND THIS, IT KIND OF MAKES YOU THINK TOO, IT'S LIKE, OH, THIS, THAT COULD HAPPEN ANYWHERE AND, AND IT KIND OF BRINGS IT BACK HOME. LIKE ACT OF GOD COULD HAPPEN ANYWHERE, ANY, ANY TIME. SO, UM, YOU KNOW, I CAN SEE IT IN SOME INSTANCES THAT YOU MAY HAVE A PARTIAL DECOMMISSION OR, YOU KNOW, THERE MAY BE PARTIAL POWER, YOU KNOW, TO, TO A CERTAIN SECTION. MAYBE A CERTAIN PART OF THE GRID IS, IS INACTIVE WHILE THEY'RE WAITING ON OVER THE PARTS. I THINK THOSE ARE ALL DIFFERENT OPTIONS. BUT, YOU KNOW, I'M, I AM NOT AN OPERATOR, SO I'M NOT GONNA KNOW ALL THE DIFFERENT NUANCES TO HOW THAT WORKS. BUT YOU MADE IT PRETTY CLEAR IF THEY'RE NOT MAKING ELECTRICITY INTO, LIKE YOU SAID, IF, IF HALF OF IT GETS DESTROYED, THEY CAN ALWAYS CUT SOME BREAKERS AND GET HALF OF IT GOING, THEN THEY'RE MAKING ELECTRICITY AGAIN. THEY MIGHT NOT WANT TO, THEY'RE, IT'S NOT OPTIMAL, BUT THEY WANT TO KEEP IT OUT OF THE DECOMMISSIONING PROCESS. THAT'S SOMETHING THEY COULD DO, CORRECT? YES. I MEAN, THEY JUST GOTTA GENERATE ELECTRICITY. SURE. THAT'S, THAT'S THE, THE STANDARD THAT'S BEEN SET. OKAY. NOT HOW MUCH ELECTRICITY TO YOU. RIGHT. UNDERSTOOD. WELL THAT DOES BRING UP, YOU BRING UP A GOOD QUESTION. IF YOU ARE DOING DECOMMISSIONING, BUT YOU COULD DO PARTIAL DECOMMISSIONING. I GUESS THE THOUGHT WAS ONCE YOU ENTER DECOMMISSIONING MODE, YOU WERE GOING TO, AND SO, UM, JUST THE, LET'S JUST TAKE THE CASE OF IT'S TIME TO DECOMMISSION. WHEN DOES THE CUP EXPIRE? WHEN IT, WHEN IT ALL, WHEN IT'S ALL DONE? I'M SORRY, WHAT? WHEN EVERYTHING'S OUT, WHEN EVERYTHING'S, WHEN THEY CEASE OPERATING IT AS A SOLAR ENERGY FACILITY AND THEY'VE CLEANED IT ALL UP AND THE LANDS RETURNED BACK TO FARMING. IS THAT WHEN THAT CUP IS? IT MAY. AND BEFORE THAT, BECAUSE IF YOU'RE DECOMMISSIONING IT AS, LET'S SAY YOU'RE TYPICALLY, YOU'RE NOT USING THE SITE FOR MORE THAN TWO YEARS, THAT'S WHEN YOUR CUPI MEAN THEY, THEY MAY DECIDE TO DECOMMISSION IT, PUT THE PANELS RIGHT BACK IN PLACE. AND IF THEY'RE, IF IT'S THAT WITHIN THAT TWO YEAR PERIOD THAT THAT'S, THOSE ARE ALL POSSIBILITIES. SO, YOU KNOW, SO THAT WOULD BE DEFINED IN THE CUP WHEN IT EXPIRES. I THINK THAT'S ACTUALLY IN OUR ORDINANCE OF ABOUT EXPIRES WITH AFTER TWO YEARS OF NOT NOT USING AN ACTIVITY TYPICALLY. YEAH. THIS IT'S TWO YEARS MOST SEMESTER. YEAH. IT'S NOT, IT'S NOT IN, IT IS NOT, IT'S NOT, IT'S NOT IN THIS CODE. OH, OKAY. IT'S IN THE, THE GENERAL SECTION THAT TALKS ABOUT CONDITIONAL USE. OH, OH, I SEE. OKAY. THANK YOU. SO I GUESS MY QUESTION IS, IS 12 MONTHS, 'CAUSE I THOUGHT IT WAS EXPLAINED TO US THAT IF, UH, AT THE END OF THE 12 MONTHS IT COULD BE ANOTHER 12 MONTHS BECAUSE OF THE LEGAL RAMIFICATION THAT YOU HAVE TO DEAL WITH, YOU KNOW, UH, YOU GOTTA NOTIFY 'EM. THAT'S, THAT'S, THAT'S A PROCESS THAT I THINK THERE'S ADMINISTRATIVE PROCESS WITH, WITH OUR OFFICE AND THINGS OF THAT NATURE THAT MAY BE AFTER HAVING, THAT'S TYPICALLY WORKED FOR, FOR OUR OFFICE OR, OR THE COUNTY TO TAKE CARE OF BETWEEN WHETHER IT'S MY OFFICE OR MS. PERKIN'S OFFICE TO HAVE TO TAKE CARE OF. BUT I, I THOUGHT THAT'S WHY WE MOVED IT TO SIX MONTHS SO THAT WE WOULDN'T GET, YOU KNOW, A LONGER PERIOD OF TIME THAT WASN'T NOTHING BEING DONE OR GENERATED OR, YOU KNOW, YOU KNOW, IF WE, IF WE DO IT AT SIX MONTHS, THEN OKAY, THEY'RE GONNA START THAT PROCESS OF UH, EITHER GETTING IT FIXED BACK UP OR START DECOMMISSIONING ONCE WE NOTIFY 'EM AT THE END OF THE SIX MONTHS, YOU GOTTA DO SOMETHING. UM, WE'RE LOOKING AT SEVERAL MONTHS, YOU KNOW, IT COULD BE ANOTHER SIX MONTHS BEFORE WE GET THROUGH WITH THE DIFFERENT NOTIFICATIONS THAT WE GOTTA DO. WELL THE, THIS CODE SECTION THAT WE'RE TALKING ABOUT RIGHT NOW IS THE, WHAT YOU GUYS CURRENTLY HAVE IN YOUR PACKET RIGHT NOW, BEFORE TONIGHT WAS THE FACIL. IF THE FACILITY CEASES TO GENERATE ELECTRICITY FOR MORE THAN SIX CONSECUTIVE MONTHS, THE THE RESPONSIBLE PARTY WOULD PROVIDE FOR DECOMMISSIONING. WE'RE ONLY SAYING IN THESE INSTANCES IS SIX MONTHS, UNLESS IT'S AN ACT OF GUIDE OR THE RESPONSIBILITY IS COMPLIANCE AND, AND IT'S DETERMINED BY THE ATTORNEY ADMINISTRATOR THAT THEY NEED, THEY'RE GONNA REACH AS A FACILITY. THOSE ARE THIS, IT'S GIVEN SOME EXCEPTIONS BECAUSE THERE ARE SOME THINGS THAT WE HAVE TO, THAT WE MAY HAVE TO ADDRESS AND PROVIDES THAT FLEXIBILITY TO WORK THROUGH SOME THINGS. UH, WHEN, WHEN THEY'RE, WHEN THEY'RE, YOU KNOW, RIGHT NOW IT'S A PRETTY HARD SIX MONTHS. [00:15:01] YOU'RE NO, YOU CAN'T DO ANYTHING YOU GOTTA DECOMMISSION RIGHT NOW. WHEN IF, WHERE, IF YOU KNOW, IF THERE'S AN ACT OF GOD OR, UM, IT'S GOTTA BE A GRACE PERIOD. IT'S, I'M TRYING TRY TRYING TO FIND A BIGGER GRACE PERIOD. 'CAUSE SOME CERTAIN THINGS HAPPEN. THEIR INSURANCE COMPANY, YOU KNOW, EVERYBODY'S WORKED WITH THEIR INSURANCE SOMETIMES ON, ON SOME OF THESE LARGER PRIVATE PRODUCTS. AND I THINK SOME OF THE THINGS MS. PERKINS ACTUALLY MENTIONED ABOUT ORDERING PARTS AND THINGS OF THAT NATURE. THINGS ARE ON BACK ORDER. SOMETIMES THEY TAKE TIME. THEY DO TAKE TIME. AND I THINK REMEMBER DURING COVID ORDERING CERTAIN PARTS, I THINK THERE THE CHIPS, SOME OF THOSE THINGS TOOK FOREVER TO GET. SO JUST TRYING TO UNDERSTAND THE, I THINK BEFORE, I THINK WHAT WAS A COUPLE MONTHS AGO, WE WERE AT 12 MONTHS. SO WE, WHAT WE'RE DOING IS INTRODUCING, SAYING, OKAY, WE, WE WILL ALLOW 12 MONTHS, BUT ONLY UNDER THESE SIX SITUATIONS OVER YEAR, CAN WE JUST PUT IN THERE, UM, IF THE SIX MONTHS PASS, CAN WE JUST PUT IN THERE TO, UM, WHERE THEY CAN GIVE US A, UM, BIWEEKLY UPDATE OR A MONTHLY UPDATE TO SAY HOW FAST THINGS ARE GOING? JUST TO STAY ON TRACK WITH EVERYTHING. I THINK, I THINK WE DO HAVE SOMETHING RIGHT THERE. OKAY. HERE, THIS LANGUAGE HERE, I THINK IT SAYS, UM, THE TEXT THAT, THAT, THAT WE DRAFTED HERE IS CAN DEMONSTRATE THAT THEY'RE MAKING SUBSTANTIAL EFFORTS AS DETERMINED BY THE ZONING ADMINISTRATOR. SO THAT DOES ALLOW THEM TO ADDRESS IT THAT WAY. JUST LIKE YOU JUST SPOKE OF, YOU KNOW, IF THEY'RE GIVING US REGULAR UPDATES THAT THEY, THEY WILL BE MEETING THAT PARTICULAR ORDER SECTION. SO I THINK THAT GOOD POINT. SO I THINK THAT THEY, THEY WILL BE ACCOMPLISHING THAT. SO THANK THANK YOU FOR THANK YOU FOR BRINGING THAT UP. THAT DOES, THAT DOES HELP OUT JUST FOR PEOPLE KNOWING, OKAY, WELL HOW DO WE KNOW IF THEY'RE DOING THAT WELL, IF THEY GIVE US REGULAR UPDATES ON WHAT'S GOING ON. UM, AND IF, IF, IF THEY'RE NOT, WE WILL KNOW ABOUT IT 'CAUSE WE WON'T HEAR ANYTHING. RIGHT. SO THAT, THAT'S ALL WE HAVE FOR TONIGHT. UM, IF, IF YOU ALL HAVE ANY OTHER QUESTIONS, UM, MS. PERKINS AND I ARE HERE TO ANSWER ANY OF THAT YOU MIGHT HAVE BEFORE, BEFORE OPENING THE PUBLIC HEARING UP. COUPLE OF QUESTIONS. UM, THAT, WELL, MR. COGAN, YOU MAY WANT TO BRING THEM UP ABOUT THE, THE COM COMPUTATION OF HIS PANELS. YOU HAVE THAT. THE FIRST ONE WAS ON PAGE FOUR, DA DA DA DA NUMBER FOUR. IT SAID FIRE RESCUE AND LAW ENFORCEMENT REQUIREMENTS AS COMPARED TO THE EXISTING CAPACITIES AND FACILITIES. I THOUGHT WE HAD REALLY NAILED DOWN VERY CLEAR THAT WE WANTED A RIGHT OF WAY AROUND THE ENTIRE PROPERTY, YOU KNOW, MAINTAINED RIGHT OF WAY FOR THE FIRE DEPARTMENT TO BE ABLE TO GET IN AND FIGHT FIRES SO THAT WHEN THEY HAVE A FIRE ON THE FIELD, THEY CAN'T, YOU KNOW, YOU CAN GET TO IT BEFORE IT GOES TO THE ADJOINING LAND ON THE ROAD. DIDN'T WE, I MEAN, DIDN'T WE KIND OF, I THOUGHT WE MAKE IT PRETTY CLEAR THAT I PROBABLY WANT TO GO ACROSS A ROAD. YEAH, THAT'S WHAT, YEAH. SO ONE OF THE THINGS YOU PROBABLY WANT DO THAT IN IS PROBABLY IN YOUR, UM, IN THIS SECTION HERE, YOU'RE GONNA DO IN YOUR SUPPLEMENT SUPPLEMENTAL REGULATIONS. THAT'S SOMETHING YOU WANNA PUT THERE IN YOUR SUPPLEMENTAL REGULATIONS OF HAVING ACCESS. THAT'S SOMETHING WE CAN ADD. QUESTION OF IT IS WHERE WHERE DO WE ADD THAT? UM, BECAUSE LIKE YOU SAID, WE CAN ENFORCE IT IF IT'S IN HERE. CORRECT? CORRECT. THAT'S WHAT YOU WERE SAYING. CORRECT. UM, YOU MAY WANT TO, MAY WANT TO ADD ANOTHER SECTION HERE, MAYBE AF AFTER 19, JUST SINCE YOU GUYS HIGHLIGHTED PAGE YOU WANT THIS IS, THIS IS THE ONE THAT I SENT YOU GUYS HIGHLIGHTED THE HANDOUT. HANDOUT, YEAH. JUST ADD ANOTHER, MAYBE ADD ANOTHER SECTION THERE. IT TALK ABOUT, UM, PAGE 23. YEAH, JUST WE JUST ADD FIRE, FIRE ACCESS. I MEAN I'M JUST, EVERYBODY SHOULD AGREE ON IT, BUT I THOUGHT THAT, I THINK, I THINK, I THINK EVERYBODY WAS IN AGREEMENT ON THAT ONE AND THERE'S SOME THINGS THAT WE WENT BACK AND LOOKED AT AND LIKE WHAT THAT'S, THAT SHOULD BE IN THERE AND IT'S NOT IN, THAT'S ONE OF THE THINGS THAT, THAT WE DID NOT CATCH. BUT THANKFULLY WE HAVE 11 PLENTY COMMISSIONERS TO, TO LOOK, LOOK THROUGH THE VARIOUS THINGS TO, SO THAT, THAT IS SOMETHING THAT I THINK WE CAN, WE CAN ADD IN THERE. I THINK IT'S JUST HOW WE ADD THAT. SO IT SOUNDS LIKE WE, WHAT WE TALKED ABOUT, AND I REMEMBER THIS CONVERSATION AS WELL, OKAY. UM, OF ADDING, UH, A PERIMETER FOR FIRE. FOR FIRE EMERGENCY ACCESS RIGHT AWAY. YEAH. YEAH. AND, AND ON THE OUTSIDE OF THE FENCE, NOT ON THE INCIDENT BECAUSE THEY'VE ALREADY GOT A BUFFER ANYWAY AND THEY'VE GOT TREES AND STUFF. SO, YOU KNOW, TO ME IT'S NOT GONNA COST ANY MORE REAL ESTATE. THEY'VE ALREADY GOT THE REAL ESTATE. I MEAN THEY'VE ALREADY GOT THAT WITH THE BUFFERS AROUND IT ANYWAY. OKAY. LEMME LEMME PAINT A PICTURE AND MAKE SURE YOU, WE HAVE THE SAME PICTURE PAINTED, UM, BUFFER ZONE 300 FEET, RIGHT? SETBACK 300 FEET. ARE WE SEEING BUFFER THEN? EMERGENCY ACCESS, 25 FEET THEN FENCING? IS THAT THE PICTURE THAT WE'RE PAINTING? I MEAN IT DOESN'T MATTER TO ME OR ARE YOU ALLOWED TO, [00:20:01] I MEAN, IS IT GO AGAINST THE RULES OF HAVING A BUFFER TO HAVE THE ROAD? NO, NO, NO, NO, NO. I'M JUST TRYING, I'M TRYING TO MAKE SURE WE'RE ON THE SAME, WE'RE ON THE SAME, WE'RE ON THE SAME PAGE. I'M OKAY WITH IT BEING IN THE BUFFER. RIGHT. I THOUGHT THAT'S WHAT WE DISCUSSED. OKAY. IT'S IN THE BUFFER, BUT IT'S NEXT TO THE FENCE. YES. OKAY. FOR THE VEGETATION BEFORE THE FENCE. 'CAUSE THEN YOU WENT THE VEGETATION I THINK, I THINK THE WAY THEY'VE GOT IT, THE LAST PLA I SAW IT HAD IT WHAT, 50 FEET OR SOMETHING OFF THE FENCE IS WHERE THEY PLANT ALL THE SHRUBS AND STUFF. YEAH. SO, SO A LOT OF TIMES WHEN YOU HAVE A SETBACK, LET'S FOR EXAMPLE, FOR THIS, FOR OUR ORDINANCE, FOR THIS, FOR JUST SAKE, FOR ANY PROJECT, WE HAVE OUR SETBACKS OF BEING 300 FEET. WE ALSO HAVE A BUFFER OF 300 FEET. IF YOU HAVE A BUFFER AND A SETBACK OF 300 FEET, YOU'RE NOT GOING TO, YOU'RE NOT GONNA START ANYTHING UNTIL YOU PASS 300 FEET. AND THAT MAY BE ONE OF THOSE THINGS TOO. WE HAVE IN OUR ORDINANCE HERE, OR THERE'S TALKING ABOUT THAT, THERE TALKS ABOUT, UM, MODIFICATIONS. THERE ARE SOME MODIFICATIONS WE CAN MAKE WITHIN THE PROJECT. SO IF YOU SAY, YOU KNOW, YOU'RE PROVIDING 300 FOOT OF BUFFER, BUT WITHIN THAT BUFFER WE WILL, WE, WE WILL ALLOW YOU TO HAVE YOUR, YOUR EMERGENCY ACCESS. YOU ALL CAN DO THAT BASED ON THIS PARTICULAR ORDINANCE THAT YOU HAVE IN PLACE. SO THAT IS SOMETHING THAT YOU ALL CAN DO THROUGH YOUR PROJECT, THROUGH YOUR ORDINANCE HERE. EVEN THOUGH YOU'RE SAYING, OH, 300 FEET, YOU CAN, YOU CAN ALLOW SOME MODIFICATIONS TO THAT. IS THAT SOMETHING THAT YOU WANT TO SAY? YOU KNOW, YOU HAVE 25, 25 OR 50. ARE YOU SAYING 25 OR 50 FOOT ACCESS? I THOUGHT IT'S 25. JUST 25. OKAY. ROAD NEXT FEET BUFFER IN BETWEEN YOU AND THE FENCE. WHAT DO THE, LIKE ON THE SUBDIVISION ORDINANCE, THEY REQUIRE CERTAIN TO GET BIG FIRE TRUCKS DOWN, RIGHT? BUT WE'RE, WE'RE JUST TRYING TO GET A BRUSH TRUCK, RIGHT. OR A SIDE BY SIDE OR SOMETHING IN THERE TO KNOCK DOWN. DOES THAT SOUND RIGHT? IT'S 25 FEET. 25 FEET IS ADEQUATE. I MEAN, I THINK THAT'D BE OKAY. AND THEN THE OTHER THING I HAD WAS ON PAGE 20, I GUESS IT WOULD FALL UNDER THERE UNDER THE PERFORMANCE STANDARDS. AND AGAIN, I THOUGHT, AND I HATE TO BEAT THE, BEAT IT TO DEATH, BUT I KNOW, YOU KNOW, WE, YOU KNOW, I'VE BEEN REALLY AT IT ABOUT THAT STORM WATER PLAN. MM-HMM. . AND, AND I I THOUGHT WE'D EVEN DISCUSSED BECAUSE LIKE YOU SAID, THE COUNTY DOESN'T HAVE THE QUALIFIED ENGINEERS TO INSPECT INTO, BUT I THOUGHT WE HAD SAID THAT WE WERE GONNA REQUIRE THEM TO PAY FOR AN ENGINEER TO VERIFY THAT THEIR STORM, BECAUSE WE'VE HAD SO MANY COMPLAINTS FROM CITIZENS OF, AND, AND I THINK EVEN IN OUR BOARD OF SUPERVISORS MEETING LAST WEEK, I MEAN ONE OF THOSE SUPERVISORS EVEN BROUGHT IT UP ABOUT THE STORM WATER RUNOFF. I THINK THAT WE, YOU KNOW, IT SEEMS LIKE IN HERE SOMEWHERE WE OUGHT TO HAVE THAT IN THERE THAT THEY'VE GOTTA ADHERE TO THE STATE EVEN THOUGH IT'S NOT MANDATED RIGHT NOW THAT THEY NEED TO ADHERE TO IT AND DO THE STORM WATER RUNOFF BASED ON THE EIGHT FOOT BY EIGHT FOOT PANEL, NOT THE SIX BY SIX POST. SO THAT, THAT SUGGESTION WAS IN OUR COMPREHENSIVE PLAN. RIGHT. UM, BUT YOU SAID IT WASN'T ENFORCEABLE UNLESS WE PUT IT IN HERE. WE PUT IT IN HERE, IT'S ENFORCEABLE AND HAVE THEM PAY FOR IT. IF YOU PUT IT IN YOUR, IF YOU PUT IT IN YOUR CP CONDITIONS THAT THEN IT ISN'T ENFORCEABLE, BUT ALSO HERE. SO I MEAN WHAT IF WE FORGET THAT, YOU KNOW, IT GOES ACROSS AND WE HAVE NUMEROUS ONES AND WE DON'T GET IT IN. OKAY. I DON'T THINK THAT'S WHAT THEY WERE REFERRING TO. I THINK THEY WERE TALKING ABOUT THE STORM PIECE. YEAH, THEY WERE TALKING ABOUT STORM WATER PIECE. UM, LOOK, LEMME LOOK AT THIS SECTION YOU JUST POINTED OUT THERE. SO THE, YOU KNOW, THE, THE PART THAT MS PER HAS BROUGHT RIGHT HERE WAS, I THINK IT WAS ON PAGE 20, YOUR EROSIONS INSIDE OF THE CONTROL. UM, AT THE BOTTOM, AT THE BOTTOM OF NUMBER FOUR, TALKS ABOUT APPLICANT'S OBTAIN WRITTEN, WRITTEN REPORT FROM EITHER INDEPENDENT ENGINEER OR ADMINISTRATOR DETERMINE THE STIPULATIONS OF EACH PHASE OF CONSTRUCTION. ONCE THIS, ONCE THIS TERMINATION IS MADE BY EITHER PHASE OF, OF LAND SERVICE ACTIVITIES CAN BEGIN, THAT'S WHAT WE HAVE IN THERE THAT SPECIFICALLY FOR ENS FOR EROSION ASED CONTROL, NOT NECESSARILY STORM WATER. UM, BUT A LOT OF THE CUP CONDITIONS THAT WE SEE NOW THAT WE, WE WILL BE ABLE TO LOOK AT THE, WHAT WE'RE, WHAT WE'RE LOOKING AT FOR, FOR ACCOMPLISHMENTS IN OUR COMPREHENSIVE PLAN THAT WE DON'T HAVE AN ORDINANCE. WE WOULD LOOK FOR ENFORCEABILITY THROUGH CEP CONDITIONS. UM, WE DO NOT HAVE A STORMWATER ORDINANCE ITSELF. SO SAY IN THAT, YOU KNOW, TO HAVE TO ENFORCE SOMETHING THAT, THAT WE DON'T ALREADY, WE DON'T, WE DON'T EVEN, WE DON'T EVEN FORCE STORMWATER AT THIS POINT RIGHT NOW. WE RELY ON THE STATE. UM, WE WOULD LOOK TO A THIRD PARTY TO REVIEW THAT TO IF THERE STANDARDS ABOVE THE STATE. BUT THERE'S NOTHING [00:25:01] I I'M NOT IS THIS A EROSION? I MEAN THIS IS LIKE DURING CONSTRUCTION. THIS YEAH, THIS ONE YOU PUT UP THE LITTLE SILT FENCE. I MEAN WE'RE TALKING ABOUT WE HAVE A RAIN, LIKE, I MEAN OBVIOUSLY YOU CAN'T PLAN FOR THE STUFF THAT CAME UP, BUT A HEAVY, HEAVY RAIN AND IT WASHES HALF THE SOIL AND MR. NEWBIE'S FRONT YARD OR SOMETHING. THAT'S, YOU KNOW, THAT, THAT'S WHERE I FEEL LIKE WE'RE NOT CAPTURING. WE NEED, YOU KNOW, WE NEED TO CAPTURE THAT. 'CAUSE I I COULD TELL WHEN WE HAD OUR PRESENTATION BY THE SALT, THEY, THEY DID NOT WANT THAT. THAT WAS ONE OF THE THINGS THEY ADAMANTLY IF THEY DON'T WANT IT, THEN THAT PROBABLY MEANS WE PROBABLY NEED TO HAVE IT TO PROTECT OUR OURSELVES. YEAH. WE WE WOULD BE PROBABLY LOOKING TO HAVE A STORMWATER ORDINANCE. RIGHT NOW WE DO NOT HAVE A STORMWATER ORDINANCE. WE HAVE A ORIGINAL SEDIMENT CONTROL ORDINANCE, BUT WE DO NOT HAVE A STORMWATER ORDINANCE. UM, THERE ARE CERTAIN REQUIREMENTS THAT YOU WOULD HAVE TO THE STATE WOULD REQUIRE US TO HAVE IF WE DID HAVE A STORMWATER ORDINANCE. UM, BUT THEY HAVE TO HAVE A STORMWATER PLAN WHEN THEY DO THEIR SITE. CORRECT? CORRECT. AND THAT'S, THAT'S ENFORCED BY DEQ. CORRECT? THAT IS THAT THE DEQ SAID THAT THEY'RE NOT GONNA ENFORCE IT. THEY GAVE THEM, EVEN THOUGH THEY KNOW THAT IT'S WRONG, I MEAN THAT THEY'RE NOT IN COMPLIANCE. THEY SAID, WELL, WE'RE GONNA GIVE EVERYBODY A COUPLE YEARS TO CATCH UP 'CAUSE WE DON'T WANNA CAUSE A FINANCIAL BURDEN ON 'EM OR WHATEVER. BUT WE'RE SAYING WE'RE NOT GIVING YOU A COUPLE YEARS FOR HALF A SUR COUNTY TO WASH AWAY. WE WANT IT NOW. YOU WANNA BUILD A SOLAR FARM, NOW YOU DO IT. WHAT, WHAT IS THE STATE HAS ALREADY DETERMINED IS THE RIGHT WAY TO DO IT. UHHUH AM AM I RIGHT? AM I, AM I OFF OR NO, I, I THINK I UNDERSTAND WHAT YOU'RE SAYING. 'CAUSE WHAT WHAT THE STATE IS SAYING IS, HEY, LISTEN, THIS SHOULD BE THE RIGHT WAY TO DO IT. BUT IF YOU FILE AFTER THIS CERTAIN DATE, CAN'T REMEMBER WHAT THE DATE IS RIGHT NOW, OFF THE TOP OF MY HEAD RIGHT NOW. BUT THERE IS A CERTAIN DATE YOU HAVE TO FILE BY WITH P WITH PJM AND THAT UNTIL ALL THOSE PROJECTS ARE, IF THE PROJECT IS FILED BY, BY A CERTAIN DATE, THE STATE WILL REVIEW IT BASED ON THE, THE, UH, THE EARLIER STANDARD. IF IT WAS FILED AT THEIR, AFTER THE OTHER DATE, THEY REVIEW IT WITH THE NEWEST STANDARD THAT THEY PUT IN PLACE. UM, RIGHT NOW, I THINK THE ONLY WAY THAT WE COULD ACTUALLY DO ANYTHING FOR IT, AGAIN, WE DON'T HAVE ANY STORMWATER ORDINANCES IN PLACE THAT SAY HOW WE'RE GONNA ENFORCE ANYTHING, UM, TO ADD THAT TO OUR, IS THERE ANY ORDINANCE? I DO FEEL LIKE THEY'LL BE PUT OUT OUT OF OUR PURVIEW. BUT TO PUT SOME THINGS IN PLACE, HOW DO YOU HAVE A, YOU'D HAVE AN ENGINEER TO REVIEW THE CP CONDITIONS THAT WOULD SAY WE WE'RE LOOKING FOR YOU TO QUALIFIED AND, AND RIGHT IT OUT THERE. I THINK, I THINK WE ACTUALLY HAVE IT IN OUR, IN OUR COMPREHENSIVE POINT. I'LL BRING IT UP REAL QUICK HERE. UM, STRATEGY NUMBER FOUR HERE, WATER UNDER WATER QUALITY, QUANTITY, AND QUALITY SOLAR PANELS WOULD BE CONSIDERED UNC CONNECTED IN PREVIOUS AREAS WERE PERFORMING POST DEVELOPMENT WATER QUALITY QUAL CALCULATIONS, AND HERE UNDER WATER QUALITY, THE, THE SAME. SO THOSE ARE, THOSE ARE, THOSE ARE VIRGINIA STANDARDS, RIGHT? UH, WE DON'T, WE DON'T HAVE ANY OF THOSE STANDARDS IN ANY OF OUR ORDINANCES RIGHT NOW. SO, BUT IF THE, WHEN THE STATE ENACTS THAT, WE STILL WON'T HAVE ORDINANCE. SO WHEN, SO I GUESS WHAT WE WERE TRYING TO DO WAS MOVE THE, THE BALL UP ON THIS REQUIREMENT. OKAY. AND SO WE WON'T HAVE AN ORDINANCE NOW AND WE WON'T HAVE AN ORDINANCE THEN, BUT THAT'S THE PART I'M HAVING TROUBLE, I DON'T UNDERSTAND THE, HOW THE ORDINANCES NECESSARY IN ORDER FOR THEM TO USE THAT IN THEIR CALCULATIONS FOR STORMWATER MANAGEMENT. SO WHAT WHAT I'M TRYING TO SAY IS THAT WE DON'T HAVE A WAY TO ENFORCE THIS STORMWATER. YOU KNOW, STORMWATER IS SOMETHING THAT, YOU KNOW, OVER, IF IT'S AN OVER AN ACRE, IT GOES TO DEQ FOR REVIEW. TYPICALLY SOLAR PROJECTS ARE GONNA BE OVER AN ACRE. SO THEY, THEY AUTOMATICALLY REVIEW THOSE. HOWEVER, UM, MY SUGGESTION, STRONG SUGGESTION IS THAT WE DO HAVE IT IN OUR COMPREHENSIVE PLAN THAT SAYS AS A AS, AS A, AS A BODY, AS SURREY COUNTY, THIS IS WHAT WE WANT TO SEE, RIGHT? SO WHEN SOMEONE BRINGS A PROJECT TO US AND WE'RE REVIEWING IT, WE'RE TELLING 'EM UP FRONT, YOU KNOW, OUR ORDINANCE ARE WHAT THEY ARE. WE DON'T HAVE A STORMWATER ORDINANCE. BUT LISTEN, IF YOU'RE PUTTING CP CONDITIONS OUT THERE, WE'RE LOOKING AT THE PROJECT AND SAYING, LISTEN, THIS IS SOMETHING THAT WE ASK FOR. 'CAUSE WE KNOW THERE'S AN ISSUE OUT HERE. WE WANT YOU, WE WANT YOU TO ADDRESS IT UNLESS, UNLESS YOU CAN SHOW US ANYTHING. YOU KNOW, WE WANNA MAKE SURE THAT WE DON'T HAVE PROBLEMS WITH THE WATER QUANTITY OR QUALITY UNLESS YOU CAN SHOW US SOMETHING THAT SHOWS THAT YOU, THAT YOU'RE THERE WITHOUT, WITHOUT GETTING THERE. WE WANT CONDITIONS THAT, THAT SOMEHOW ADDRESS THAT. WHAT I BELIEVE THAT THAT SUR COUNTY HAS DONE BY PUTTING THIS IN THE CONFERENCE OF PLAN IS SAYING, WE HAVE SEEN ISSUES IN THE PAST, BUT WE WANNA MAKE SURE WE DON'T HAVE THOSE ISSUES IN THE FRONT. DEVELOPERS SHOW US HOW YOU'RE, YOU'RE NOT GONNA HAVE THESE SAME PROBLEMS. THAT'S, THAT'S WHAT, THAT'S WHAT I SEE THAT SUR COUNTY IS SAYING AND CALLING ATTENTION TO THAT. ONE IS HAVING THE DEVELOPER HAVING TO RESPOND TO YOUR APPLICATION. IF THEY HAVEN'T DONE THAT IN THEIR CP APPLICATION, THEY'RE GONNA HAVE TO EXPLAIN TO YOU WHY THEY DID NOT. WELL, I MEAN, IT SEEMS LIKE THE COMPREHENSIVE PLAN IS A GUIDE. [00:30:01] IT IS A GUIDE AND THEY'RE JUST SAYING, YOU KNOW, THE STATE ONLY REQUIRES ME TO GO ON THAT SIX INCH POLE. MM-HMM. . AND WE'RE SAYING WE WANTED THE, HOW DO WE MAKE THAT STICK OTHER THAN JUST BEING A GUIDE. SO HERE'S, HERE'S PART OF THAT I HAVE A LITTLE BIT OF TREPIDATION WITH IS REQUIRING SOMEONE TO DO SOMETHING ABOUT ORDINANCE. BUT THE STATE SAYS YOU DON'T HAVE TO DO IN A, IN AN ORDINANCE, AS, AS THE STATE DOESN'T SAY, YOU CAN'T BUILD ONE NEAR A CHURCH. AND WE'RE SAYING THAT, SO WHY CAN'T WE SAY THE SAME THING ABOUT, AND AND AGAIN, I MEAN THIS IS A BIG PROBLEM WITH CITIZENS IN SUR COUNTY IS HALF HALF OF THE SOLAR FIELD IS WATCHING INTO, INTO THEIR YARDS AND THEIR PROPERTY AND STUFF. SO I, I DON'T KNOW, MAYBE YOU CAN ASK THE OTHER COMMISSIONER IF IT'S NOT A BIG DEAL. I I'LL AND AM I CORRECT IN HEARING YOU SAY THAT IT'S NOT THAT SUR COUNTY CANNOT ENFORCE IT, IT'S JUST NOT PROPER AND LEGAL TO ENFORCE IT IN THE ORDINANCE. IT'S BETTER TO ENFORCE IT IN THE CUP. YOU WANNA ASK, YOU WANNA ASK THAT LEGAL QUESTION STEP DOWN? YES, MA'AM. OKAY. SO AS, AS MR. WADE INDICATED, WE DO NOT HAVE, UH, IN SUR COUNTY, WE DO NOT HAVE A STORM WATER ORDINANCE, AS YOU'VE HEARD ME SAY TIME AND TIME AGAIN. UM, VIRGINIA IS A DI REAL ESTATE LOCALITIES CAN ONLY DO WHAT THEY'RE SPECIFICALLY GIVEN PERMISSION TO DO BY THE GENERAL ASSEMBLY. THE GENERAL ASSEMBLY DID GIVE PERMISSION FOR LOCALITIES TO ENACT A STORMWATER ORDINANCE. UM, THE STATE HAS CERTAIN REQUIREMENTS, UH, FOR, FOR WHATEVER REASON DECISION MADE BEFORE MY TIME. UM, SURREY COUNTY DID NOT MAKE THE DECISION TO ENACT A STORMWATER ORDINANCE. AND, AND I WOULD NOT WANT TO SPEAK AS TO WHAT WE WOULD HAVE TO DO IN ORDER TO BE ABLE TO MEET THE REQUIREMENTS, UH, TO ENACT A STORMWATER ORDINANCE. SO IN, IN TERMS OF ENFORCEMENT, YOU HAVE TO REMEMBER CUP CONDITIONS ARE, UM, ARE CONDITIONS THAT AN APPLICANT AGREES TO. AND THEN THOSE CONDITIONS BECOME ENFORCEABLE THROUGH THAT AGREEMENT AS OPPOSED TO WHAT'S IN OUR ORDINANCE, WHICH IS WHAT WE ARE ABLE TO ENFORCE. SO IT'S A, IT'S A LITTLE BIT OF A NUANCE THERE, BUT IF WE WERE TO PUT THIS IN A, THIS, THESE REQUIREMENTS IN A CUP CONDITION, THEN THAT WOULD BE THE APPLICANT AGREEING TO ABIDE BY THESE CONDITIONS. AND THAT WOULD BE A LEGALLY BINDING AGREEMENT THAT CAN THEREFORE BE, BE ENFORCED, UM, AS ONE OF THE CONDITIONS TO THE CUP, UM, WITH THE ABSENCE OF A STORMWATER ORDINANCE. AND THAT MAY BE SOMETHING THAT, THAT YOU ALL, YOU KNOW, WE CAN, WE CAN DO A PRESENT, A PRESENTATION, A WORK SESSION IN THE FUTURE AND TALK ABOUT, UM, WHAT IT WOULD TAKE TO ENACT A STORMWATER ORDINANCE. AND THAT MAY BE A RECOMMENDATION THAT YOU ALL WOULD LIKE TO GIVE TO THE BOARD OF SUPERVISORS. YOU ALL COULD, COULD INITIATE THAT ORDINANCE CHANGE. BUT AT THIS TODAY, WE DO NOT HAVE THAT TOOL AVAILABLE TO US IN OUR TOOLBOX. SO UNFORTUNATELY THAT DOES RESTRICT A LITTLE BIT WHAT WE ARE ABLE TO DO THROUGH AN ORDINANCE. BUT IF WE'RE NOT ASKING FOR AN ORDINANCE, WE'RE JUST ASKING FOR THEM WHEN THEY SUBMIT THEIR APPLICATION TO SAY THEY'VE HAD A, AN INDEPENDENT ENGINEER REVIEW THEIR STORM WATER MANAGEMENT PROGRAM, AND THE ENGINEER IS GONNA TELL US, HEY, IT'S IN ACCORDANCE, YOU KNOW, HE'LL TELL US WHAT IT IS. I JUST THINK, YOU KNOW, YOU PUT IT IN THE CUP AND THEY DECIDE IT'S AN AGREEMENT. IF WE BOTH AGREE, IF THEY DON'T AGREE, THEN THEY, THEY CAN KEEP ON WALKING AND YOU KNOW, WE KEEP ON PAYING FOR IT. SO I'M TRYING TO MAKE SOMETHING THAT'S BINDING TO THEM, THE APPLICATION, UH, I THINK WE HAD AT OUR MEETING, WE WANT TO BE ABLE TO TELL 'EM UPFRONT THIS WHAT IF YOU WANT TO DO IT, THEY'RE GONNA UNDERSTAND IT MORE AND MORE. WHICH WHEN HE STARTED SPEAKING ABOUT THAT ONE, I MIGHT HAVE A WAY TO ADDRESS THAT. SO SIR, WHAT, WHAT, WHAT I'M, WHAT I'M JUST HEARING AND, AND CORRECT ME IF I'M WRONG, SIMILAR, WE, WE MIGHT BE ABLE TO ADDRESS IT UNDER APP UNDER THE APPLICATION, MAYBE NOT UNDER PER UNDER, MAYBE NOT UNDER THE, UM, PERFORMANCE. MAYBE NOT UNDER PERFORMANCE, BUT PART OF THE APPLICATION IS TO PROVIDE INFORMATION THAT, UM, AND I I WAS TAKING IT FAR AS FAR AS THE PERFORMANCE PART OF IT. BUT IF YOU'RE JUST INCLUDING IT AS PART OF THE APPLICATION, WELL, WE STILL NEED THE INDEPENDENT REVIEW BY AN ENGINEER. AND PART OF THAT IS TO YOU, YOU, YOU WOULD STILL NEED TO DO THAT AS, AS A CONDITION IN THE CP AS WELL. SO, BUT AT LEAST, AT LEAST, AT LEAST BRINGING FORTH THAT AS A REQUIREMENT IN THE CI THINK WE GET TO A PLACE WHERE WE PROVIDE A, SOME TYPE OF CONSENSUS OF, OF MAKING KNOWLEDGE OF CONNECTION BETWEEN OUR COMPREHENSIVE PLAN AND OUR ORDINANCE WHILE NOT NECESSARILY STATING, MATTER OF FACT WE WE JUST WANT TO, WE JUST WANT A REPORT OF WHAT THAT WOULD, WHAT THAT WOULD INCLUDE. BUT COULDN'T YOU DO IT IN BOTH PLACES? CAN'T YOU DO IT IN HERE AND THE CP NO, THAT'S WHAT I'M SAYING AS APPLICATION, AS APPLICATION [00:35:01] REQUIREMENTS. OKAY. TO INCLUDE, INCLUDE IT AS APPLICATION REQUIREMENTS, JUST JUST TO REPORT ON, UM, YOUR WATER QUALITY AND YOUR WATER QUANTITY. UM, THAT AND CONSIDER CONSIDERATION FOR IMPERVIOUS SURFACE, UM, BE CONSIDERED FOR CONNECTED IMPIOUS SURFACES. MAYBE FOR CONSIDERATION. I THINK WE CAN, IF YOU, IF YOU, IF YOU'RE WILLING TO WORK WITH US TO PROVIDE THE BOARD, UM, UPDATE ON THAT ONE, ON UPDATE ON THAT ONE, WE, WE CAN ADDRESS THAT UNDER APPLICATION AND WE CAN FIND A SPOT FOR THAT WITH, WITH YOU ALL KIND OF SEEING WHAT WE, WE PUT IN THERE. AND YOU WOULD SEE IT IN ADVANCE. CAN, CAN'T WE ASK THEM TO GET A STORM WATER RUNOFF PERMIT EVEN THOUGH THE COUNTY DOES NOT HAVE A STORM WATER PLAN OR ANYTHING ELSE. OUR INDUSTRY, WE HAVE A STORM WATER RUNOFF PERMIT AT THE SAW MILL. IT NOT REQUIRED, BUT OUR INDUSTRY TOOK IT AS A WHOLE AS PROTECTING OURSELVES AND TRY TO SHOW THAT WE'RE TRYING TO DO THE RIGHT THING. WE HAVE MONITORING THREE TIMES A YEAR AND YOU KNOW, WE GO THROUGH DEQ GIVES US OUR PERMIT, WHY CAN'T WE SOMEBODY TO STORM WATER RUN OUR, OR THEY, THEY, THEY DO HAVE THAT PART. THEY HAVE A SW A SW PACKAGE AND THEY, THEY HAVE, THEY CAN PROBABLY TELL YOU EXACTLY HOW OFTEN THEY, THEY, THEY LOOK AT IT, THEY LOOK AT IT QUITE OFTEN. UM, THEY, THEY DO COME OUT ON SITE TYPICALLY AFTER A RAIN EVENT. THEY ARE THERE WITH A COUPLE OF DAYS AFTER THE RAIN EVENT BECAUSE THEY NEED TO MAKE SURE CERTAIN, CERTAIN SITUATIONS ARE OUT THERE. BUT THEY DO HAVE, UM, A STORMWATER, LIKE A, LIKE LIKE YOU SAID, A A PLAN THAT THEY, THAT THEY ENACT. AND SO IF ESPECIALLY STORMWATER EVENTS COME OUT THERE, I'M SORRY, A, A MAJOR WATER WATER EVENT COMES OUT THERE, UH, RAIN EVENT. THEY DO COME OUT THERE TO CHECK IT OUT. UM, BUT THEY'RE OUT, THEY'RE OUT THERE PRETTY FREQUENTLY TO CHECK OUT WHO, WHO COMES DQ. SO THEY, OR THE, THEY HAVE, THERE'S AN INDEPENDENT, INDEPENDENT FOLKS THAT ARE OUT THERE, THAT THIRD PARTY FOLKS THAT DO IT. AND THEN SO WE HAVE STA WE HAVE OUR STAFF THAT GOES OUT THERE, RIGHT? AND THEN WE HAVE D EQ D EQ COMES OUT THERE. SO THERE, THOSE ARE, THOSE ARE THE INDEPENDENT ENGINE, THE INDEPENDENT, UM, THIRD PARTY FOLKS, THEY COME OUT THERE WITHIN A CERTAIN TIME PERIOD AFTER LIKE A MAJOR EVENT. BUT THEY ALSO, DEPENDING ON THE SITE, THE SIZE OF THE SITE, THEY COME OUT ON A REGULAR BASIS TO EVALUATE THE SITE TO MAKE SURE THAT THEY'RE STAYING WITHIN THEIR, THEIR PRESCRIBED PLAN. AND THEY, THEY DO NOTE IF THERE ARE SOME MESSED UP AREAS, THEY DO MAKE NOTE OF WHERE THOSE AREAS ARE AND THEY NOTIFY. I THINK IT'S, UM, THE COUNTY, UM, THE, THE DEVELOPER AS WELL AS DEU, IF THERE ARE SOME AREAS AND PART OF THE REPORT, THEY, THEY, THEY DO REGULARLY REPORT. SO THEY THEY THEY DO, THEY DO DO THAT, RIGHT? SO THAT'S, THAT'S SOMETHING THAT WE TYPICALLY HAVE IN OUR CP CONDITIONS THAT THEY'RE REQUIRED TO HAVE THIRD PARTY INSPECTIONS PAID, PAID BY THE DEVELOPER. BUT, BUT THEN AGAIN THAT, UM, IF THEY HAVE A, UM, SOMEBODY COME AND DO THE THIRD PARTY AND I ALSO, THEY'RE GONNA BE BASING IT ON THE SIX INCH PIPE OR STANDARD IF, HOW DO WE LET THEM KNOW THAT WE ARE INTERESTED IN A EIGHT FOOT OF THE POUND, THE RUNOFF OF THE POUND SET UP A SIX FOOT? WELL THAT'S, THAT'S WHAT IT SAYS RIGHT HERE, BASED ON THE STANDARD RIGHT HERE. IT BE CONSIDERED. WE, WE WILL TAKE WHAT WE HAVE IN LANGUAGE HERE, EXTRACT, EXTRACT WHAT WE HAVE FOR LANGUAGE HERE TO MIMIC WHAT WE WANT IN THE APPLICATION REQUIREMENTS. AND THAT'S WHAT WE, THAT'S WHAT WE LOOK FOR. AND THEN WE'D HAVE A THIRD PARTY TO REVIEW. AGAIN, THESE ARE, THESE ARE, THIS IS NOT DONE AT THE TIME OF THE SITE CONSTRUCTION. ALL THESE THINGS ARE DECIDED WHEN THEY ENGINEER A PROJECT. SO THEY, THEY, THEY KNOW UPFRONT, OKAY, DO I HAVE ENOUGH SPACE? DO I HAVE ENOUGH, UH, DO I HAVE ENOUGH, UM, BUFFERING, DO I HAVE ENOUGH ROOM FOR DOING MY STORMWATER PONDS? THEY KNOW THAT OUT FRONT BEFORE THEY EVEN START LAYING ANYTHING DOWN. SO A LOT OF TIMES YOU WOULD FIND OUT IF YOU HAVE ADEQUATE SPACE FOR YOUR PROJECT BASED ON THE REQUIREMENTS UP FRONT. SO THIS, THIS, THIS HELPS 'EM UNDERSTAND IF THERE IS ENOUGH, 'CAUSE THEY'D HAVE TO ANALYZE IT. THEIR NUMBERS WOULD BE BASED OFF ON OUR REQUIREMENTS. SO YOU CAN USE THIS WORDING FROM THE, WE'LL, WE'LL EXTRACT FROM THAT TO HELP DEVELOP APPLICATION REQUIREMENTS, COMP PLANS. SO STRATEGY FOUR, I THINK WHAT MR. BROCK'S SAYING TOO, AND I THINK WE'RE ALL OVER THE SAME PAGE, IS WHEN THEY BUILT THE DOLLAR GENERAL IN SURREY, THEY DID A STORM WATER PLAN. THE ENGINEER, WHEN HE SUBMITTED HIS PLANS TO YOU, THEY HAVE RETENTION PONDS. NO WATER IS SUPPOSED TO LEAVE THAT PROPERTY. MM-HMM. THEY DIDN'T, BUT THEY BASED IT ON A PARKING LOT IN A METAL BUILDING. CERTAIN DIMENSIONS WE'RE TALKING ABOUT SOMEBODY HAS RUN OR FOUL HERE AND THEY'RE BASING IT ON A SIX BY SIX POST, HOLDING THAT EIGHT BY EIGHT PANEL. AND WE'RE SAYING, LOOK, WE DON'T WANT THAT. WE WANT THE FULL PARKING, THE FULL SOLAR PARKING LOT. YOU GOT NO, I I I, NO, I UNDERSTAND. I, AND IT'S GONNA COST THEM BECAUSE THEY GOTTA DIG BIGGER RETENTION PONDS. THEY GOTTA PAY MORE MONEY FOR REAL ESTATE TO DIG THEM BIGGER AND DEEPER AND, YOU KNOW, BUT, [00:40:01] BUT WE WANT IT DONE RIGHT, WHERE IT'S NOT GONNA RUN OFF, YOU KNOW, AND, AND CALL SOMEBODY ELSE'S PROPERTY, BE DEVALUED. 'CAUSE THEY DON'T. ALRIGHT, I'M, I'M DONE WITH THAT. OH NO, YOU'RE GOOD. YOU'RE GOOD. SO I, I, I THINK WHAT WHAT WE CAN DO IS, UM, AS PART OF AN APPLICATION REQUIREMENTS, THEY'RE PART OF THE PROJECT NARRATIVE AND PART OF THE IS TO EXPLAIN THAT, THAT HOW, HOW THE PANELS ARE CONSIDERED, I'M, HOW THEY'RE ADDRESSING THIS STRATEGY FORWARD IN THEIR PROJECT NARRATIVE. I THINK THAT'S A START. AND THEN WHEN WE LOOK FOR CEP CONDITIONS AS AS A TRAINING CONDITION, THAT'S WHAT YOU'RE GONNA BE LOOKING FOR. THAT'S WHAT YOU'RE GONNA BE LOOKING FOR. I THINK THAT'S PROBABLY THE BEST WAY WE CAN GET IT. SO THAT WE'VE INTRODUCED IT IN THE ORDINANCE, UH, WITHOUT, WITHOUT GETTING AHEAD OF WHAT THE STATE IS SAYING WE CAN DO. UM, AND LIKE I SAID, WE MIGHT BE PRETTY CLOSE ANYWAY, RIGHT? THEY'RE, THEY'RE, THEY'RE GETTING CLOSER, THEY'RE GETTING CLOSER STATUTE OF LIMITATIONS OR WHATEVER. THEY'RE GETTING CLOSER IF THEY MOVE THE LINE. I MEAN, I DO ELECTRICAL WORK, WE'RE STILL WORKING UNDER THE 2020 ELECTRICAL CODE AND IT'S 2024. I MEAN, YOU KNOW, THEY, THEY MOVE THE LINE IF IT'S, IF IT FITS, YOU KNOW, A CERTAIN NUMBER OF PEOPLE. ANY OTHER QUESTIONS ON MR. WHI? CAN I GET ONE MORE? YEP. I'M ON ROLL TONIGHT, BUT DECOMMISSIONING, I STILL, AND THAT'S ANOTHER ONE I THINK CAN I, CAN I JUST MAKE ONE? I THINK MS. PERKINS JUST TOLD ME THE DEADLINE FOR PGM CONNECTION IS THE END OF THIS YEAR. IT IS THE END OF THIS YEAR. IT'S THE END OF THIS YEAR, OF DECEMBER OF 2024. OKAY. BUT ON DECOMMISSIONING, IT'S VERY, VERY VAGUE. AND YOU KNOW, WE'VE ALREADY SEEN THAT WE DIDN'T DO A REALLY GOOD JOB ON THE FIRST TWO SOLAR FIELDS. SO THE PROJECT SHALL BE DECONSTRUCTED AND, AND IT'S VERY, VERY VAGUE. I I THINK WE NEED TO HAVE SOME VERBIAGE IN THERE THAT THEY NEED TO PUT UP A BOND. AND I MEAN IT, THERE'S NO IFS, ANDS, OR BUTS. SURY COUNTY DOES NOT WANNA BUY YOUR SOLAR PANELS AT THE END OF 25 YEARS, YOU BROUGHT 'EM HERE, YOU'VE TAKE THEM BACK WITH YOU. AND, AND I MEAN, DIDN'T WE COUNT? I MEAN, THAT WAS ONE. SO LOOK, ONE SKILL THAT WE WERE REALLY HIGH ON, LOOK, LOOK AT, LOOK AT PAGE 25. UM, UM, UNDER THREE E ALSO, UM, E ONE A, RIGHT? UM, PARTS ABOUT THE REMOVAL FROM THE SURFACE PROPERTY. MM-HMM, AND ANY FACILITIES. YEAH. THIS, YEAH, THIS WHOLE PAGE AT THE BOTTOM OF 20, STARTING WITH EAST AND THE WHOLE PAGE OF 25, THAT'S ALL DECOMMISSIONING. THAT WHOLE, THAT WHOLE THING IS ABOUT DECOMMISSIONING. UM, I MEAN DOES IT, DOES IT SAY THAT TO ME? IT, IT LED ME TO BELIEVE THAT IT'S SOMETHING WE'LL FIGURE OUT IN THE END, IN 25 YEARS, WE'LL FIGURE OUT WHAT IT'S GONNA COST TO DECOMMISSION. AND YOU KNOW, THIS PLACE HAS PROBABLY BEEN BOUGHT AND SOLD ABOUT THREE OR FOUR DIFFERENT CORPORATIONS BY NOW. AND, AND THEY SAID, WE'RE NOT CLEANING THIS THING UP, WE'RE JUST GOING BANKRUPT. AND YOU ARE. I I MEAN, I THINK A BOND REALLY HANDLES IT A LOT CLEANER. EVERYBODY KNOWS UP FRONT. MY GRANDCHILDREN DON'T HAVE TO WORRY ABOUT CLEANING IT UP. WE GOT THE MONEY IN THE BANK AND THE SURETY BOND THAT SAY THAT IT'S GONNA BE TAKEN CARE OF. THAT'S, IS THAT YEAH. YEAH, THAT'S, THAT'S WHAT, THAT'S WHAT IT SAYS IN THREE E. OKAY. THE, THE AMOUNT OF THE SURETY REQUIRED SHALL BE A HUNDRED PERCENT OF THE ESTIMATE. DECOMMISSIONING COSTS PLUS 20% IN ADMINISTRATIVE FEES. ANY SOLAR PANEL STEEL, ALUMINUM, COPPER FENCE POST FENCING OR OTHER MATERIAL REMOVED FROM THE FACILITY AS PART OF THE DECOMMISSION SHALL BE TAKEN OUTTA S COUNTY BY THE OWNER LEASE OR A DEVELOPER. NONE OF THE ESTIMATED SALVAGE VALUE OR ANY OF THIS MATERIAL SHOULD BE USED TO OFF OFFSET THE DECOMMISSIONING CAUSE. SO THAT, THAT BASICALLY SAYS, YOU KNOW WHAT, WHATEVER FORM OF SIR THAT YOU POINT TO USE, WHETHER IT'S A BOND OR WHATEVER, A LOT OF TIMES PEOPLE USE AN INSURANCE COMPANY WITH A TYPE. IT'S JUST, IT'S JUST LEAVING IT OPEN OF WHAT KIND OF, WHATEVER KINDA SIR THEY AGREE WITH THEY WERE AGREEING WITH IS A HUNDRED PERCENT PLUS 20 PLUS 20. BUT NOW DO WE, BUT I GUESS I JUST DIDN'T SEE IN THERE UP ANYWHERE UP THE, HERE WHERE IT SAYS THAT'S WHAT WE WANT 'EM TO DO. THIS IS, THIS IS PART OF THE REQUIREMENTS FOR IT. IT SAYS, IT SAYS PART OF THE THREE, IT SAYS AS A CONDITION OF THE APPROVAL FOR THE SITE DEVELOPMENT PLACE IS D ALL OF THIS. OKAY. THREE. SO THEY'RE GONNA HAVE ALL THAT. YES, THEY, THEY HAVE ALL OF THAT. AND WE'RE GOOD. WE'RE GOING BECAUSE THAT'S EXACTLY WHAT IT SAYS HERE IS WHAT WE TALKED ABOUT. YEAH. IT JUST, IT JUST SAYS A FANCY, THAT'S ALL , BUT IS IT IS A BUNCH OF LEGAL, LEGAL LEGALESE THAT THAT, NO PROBLEM. ANY OTHER QUESTIONS? NO QUESTIONS NOT. I'LL OPEN IT FOR PUBLIC HEARING AND I, UH, WOULD, UH, ASK THAT YOU COME FORWARD AND GIVE YOUR NAME AND THE DISTRICT YOU'RE IN AND THREE MINUTES. AND I HAD ONE PERSON SOMEWHERE. SIGN UP FOR THAT TARA AND I'M NOT EVEN GONNA TRY THE LAST [00:45:01] NAME. , PACAR, PA . NO WORRIES. OKAY. GOOD EVENING. PLANNING COMMISSION. MY NAME IS TARA OSA. I'M A NATIVE OF HAMPTON ROADS, BUT I HAIL FROM VIRGINIA BEACH. UM, AS YOU KNOW, THE 17 CITIES OF HAMPTON ROADS INCORPORATES SURREY. UM, I WAS BORN IN NORFOLK, VIRGINIA. MY GRANDPARENTS ACTUALLY BERNICE AND CHAFFIN CRAW CROCKETT WERE FROM SURREY AND SUNBEAM. SO MY FAMILY ROOTS HAVE ALWAYS BEEN INCORPORATED IN RURAL VIRGINIA. WE HAVE A FAMILY FARM OUTSIDE OF BLACKBURG WHERE WE ARE LOOKING AT BUILDING A SOLAR FARM AND PROJECT AS PROPERTY OWNERS. UM, MY FAMILY AND I WANT TO MAINTAIN THAT RIGHT? NOT HAVE IT TRUMPED BY COUNTIES. MY PARENTS BOUGHT OUR FARM IN RURAL VIRGINIA TO EMBRACE THE RURAL WAY OF LIFE, BUT WE ALSO KEPT OUR HOUSE IN NORFOLK 'CAUSE WE ALSO LOVE THE CITY LIFE AND THE BEACH LIFE. UM, THE BALANCE THAT I'VE BEEN RAISED WITH IS, IS SOMETHING THAT I'M REALLY EMBRACING AND I ALSO FEEL THAT I'VE BEEN BLESSED TO BE RAISED WITH THIS. SO THAT BALANCE INCLUDES INEVITABLE SUSTAINABLE GROWTH IN VIRGINIA AND VIRGINIA CITIES AND ALSO IN RURAL AREAS. AND THAT GROWTH MUST INCLUDE CLEAN AND SUSTAINABLE SOLAR PROJECTS. THAT GROWTH SHOULD NOT BE HINDERED BY DENYING CONDITIONAL USE PERMITS FOR SOLAR PROJECTS. SURREY COUNTY'S COUNTY COMMISSION AND ULTIMATELY THE BOARD OF SUPERVISORS HAVE THE AUTHORITY TO APPROVE OR DENY THESE CU PS APPLICATIONS AND BASED ON THEIR MERITS, RIGHT? AS LEADERS OF SURREY COUNTY, I RESPECT ALL OF YOU TO THE UTMOST, I'M SURE THAT YOU RECOGNIZE AND ARE AWARE OF THE FACT THAT THE US ENERGY INFORMATION ADMINISTRATION RECENTLY HIGHLIGHTED THAT ELECTRICITY DEMAND HAS GROWN THE MOST IN VIRGINIA. WE ARE THE DATA CENTER CAPITAL, NOT JUST OF THE COUNTRY, WE'RE IN VIRGINIA, BUT OF THE WORLD HERE WITH THAT GROWTH AND ELECTRICITY DEMAND, I FEEL THAT WE MUST INCORPORATE CLEAN, SUSTAINABLE, SOLAR ENERGY IF WE WANNA KEEP UP WITH OUR DEMAND AND REMAIN A LEADER HERE IN VIRGINIA AND IN SURREY COUNTY, VIRGINIA HAS RECENTLY JUST CREATED 94 NEW DATA CENTERS. UM, SINCE 2019, IT'S A LOT OF ENERGY, RIGHT? WE NEED TO MEET THAT DEMAND AND IN ORDER TO KEEP UP WITH THAT, I THINK WE MUST INCLUDE SOLAR AND CLEAN SUSTAINABLE ENERGY. IN RURAL VIRGINIA, THERE SEEMS TO BE A PLETHORA OF MISINFORMATION OUT THERE ABOUT SOLAR DEVELOPMENT, CONCERNS ABOUT THE LAND OR WHERE THE ENERGY GOES. THIS MISINFORMATION, A LOT OF IT IS NOT TRUE. AS SOLAR PROJECTS ARE DEVELOPED AND BUILT AND OPERATED IN SURREY COUNTY, THEY WILL BENEFIT THE COMMUNITY IN SURREY COUNTY AT LARGE BY PROVIDING LONG-TERM JOBS, REVENUES, SHORT-TERM JOBS, ALSO MAINTAINING THE AGRICULTURAL VALUE OF THE LAND FOR FUTURE USE. APPROVING A SOLAR CAP DOES NOTHING TO ENHANCE OR REINFORCE THE POWERS THAT YOU ALL AS A BODY ALREADY HAVE. THE DECISION COULD INADVERTENTLY PUSH PROJECTS THAT COULD BE RUSHED THROUGH THE DESIGNS AND THE FEEDBACK PROCESS DUE TO A RACE TO FIT UNDER THAT CAP. SO THE BEST PROJECTS WON'T GET APPROVED, JUST THE FASTEST ONES TO SUBMIT FOR THE PERMIT. IT'S IN THE COUNTY'S BEST INTEREST TO HAVE WELL PLANS THOUGHTFULLY CITED, APPLICATIONS PRESENTED AND ULTIMATELY APPROVED. SOLAR DEVELOPMENT IS INEVITABLE IN VIRGINIA. CLEAN ENERGY IS INEVITABLE VIRGINIA. AND IT IS SAFE AND IT ALLOWS TEMPORARY LAND USE, IT ALLOWS LANDOWNERS TO SECURE LONG-TERM STEADY INCOME COUNTY AND STATE AGENDAS SHOULD BE SUPPORTING AND PRIORITIZING THE DEVELOPMENT OF CLEAN ENERGY AND SAFE ENERGY TO MEET OUR GROWING NEEDS IN VIRGINIA AND IN SURY COUNTY AND HAMPTON ROADS. I HOPE THAT THIS BODY WILL CHOOSE NOT TO LOWER THE SOLAR CAP AND CONTINUE TO PROVIDE THE AUTHORITY TO ACCEPT OR REJECT PROJECTS ON YOUR MERITS. I THANK YOU FOR YOUR TIME AND I APPRECIATE ALL THAT YOU ALL DO FOR THE COUNTY, FOR HAMPTON ROADS AND FOR VIRGINIA. THANK YOU. THANK YOU. ANYONE ELSE? UH, EVENING CHAIRMAN BROCK, MEMBERS OF THE PLANNING COMMISSION STAFF AND ADMINISTRATION. MY NAME IS GREG CRESSWELL, SENIOR DEVELOPMENT MANAGER WITH A-E-S-A-E-S, AS YOU KNOW, OWNS THE CAVALIER SOLAR PROJECT AND IS ALSO DEVELOPING THE SYCAMORE CROSS SOLAR PROJECT, A PROJECT THAT WILL PRIMARILY BE LOCATED WITH THE DENIAL OF WHITE AND FOR WHICH A ES IS CURRENTLY SEEKING A CONDITIONAL USE PERMIT IN SURREY COUNTY. WE SUPPORT THE COUNTY'S EFFORTS TO DRAFT A SOLAR ORDINANCE THAT PROMOTES RESPONSIBLE SOLAR DEVELOPMENT WHILE MAINTAINING SURREY'S RURAL CHARACTER. HOWEVER, WE DO HAVE SOME COMMENTS ON THE RECENTLY PROPOSED SOLAR AMENDMENT AND BEFORE [00:50:01] WE ADDRESS THOSE SPECIFIC PROVISIONS, WE NOTE THAT A ES HAS BEEN ACTIVELY ENGAGED WITH THE COUNTY ON THE SYCAMORE CROSS PROJECT FOR OVER A YEAR, WHICH INCLUDES MULTIPLE ROUNDS OF RESPONDING TO STAFF AND THIRD PARTY REVIEWS APPEARING AT A WORK SESSION WITH THIS PLANNING COMMISSION. AND MOST RECENTLY, A PERIOD BEFORE THE BOARD OF SUPERVISORS FOR FINAL SUBSTANTIAL COURT DETERMINATION. AS A MATTER OF BASIC FAIRNESS AND AS A COMMON PRACTICE IN MANY LOCALITIES, WE BELIEVE THE NEW ORDINANCE SHOULD MAKE CLEAR THAT A PROJECT SUCH AS OURS, WHICH IS SUBSTANTIALLY ADVANCED IN THIS PROCESS THROUGH PERMITTING AND NEAR ITS PUBLIC HEARINGS ON THE REQUESTED CONDITIONAL USE PERMIT, REMAINS SUBJECT TO THE ORDINANCE CURRENTLY IN EFFECT. AS TO SPECIFIC PROPOSED AMENDMENTS, WE OFFER THE FOLLOWING COMMENTS, SECTION 4 6 0 8 A SEVEN WITH REFERENCE TO SETBACKS SUGGESTS THE PROJECT AREA SHOULD BE SET BACK 300 FEET FROM A BUDDING PUBLIC RIGHTS OF WAY AND MAIN BUILDINGS ON ADJOINING PARCELS. AND FROM ADJACENT PROPERTY LINES, 300 FOOT SETBACKS UNFAIRLY LIMIT OWNERS OF SMALLER PARCELS FROM TAKING PART IN PROJECTS. THESE SETBACKS WOULD LEAVE TOO SMALL OF A BUILDABLE AREA TO MAKE A SMALLER PROJECT PARCEL USABLE. AND DEPENDING ON TOPOGRAPHY AS WELL AS EXISTING VEGETATION, LESSER SETBACKS MAY BE MORE THAN ADEQUATE TO EFFECTIVELY MITIGATE VIEW SHED CONCERNS. SECTION 4 6 0 8 E THREE A REFERENCES THAT IF A FACILITY CEASES TO GENERATE ELECTRICITY FOR MORE THAN SIX CONSECUTIVE MONTHS, THE RESPONSIBLE PARTY WILL PROVIDE FOR ITS DECOMMISSIONING. UM, WE WOULD JUST ADD TO THIS, YOU'VE ALREADY HEARD, UH, HEARD MR. WADE'S COMMENTS EARLIER. I WOULD AGREE WITH WHAT WAS STATED THERE THAT YOU CAN HAVE SUPPLY CHAIN ISSUES. UM, BUT I WOULD ALSO SUGGEST AS LONG AS THE OWNER OPERATOR RESPONSIBLE PARTY, UH, IS MAKING EFFORTS, IS MAINTAINING THE EQUIPMENT, MAINTAINING GROUNDS AND VEGETATION COMPLIANT WITH THE CONDITIONAL USE PERMITS AND MAKING EFFORTS TO REENERGIZE, THERE'S NO REASON THEY SHOULD NEED TO DECOMMISSION THE PROJECT. SECTION 4 6 0 8 A FOUR. EROSION AND SETTLEMENT CONTROL STATES THAT SITE CLEARING SHALL NOT EXCEED 100 ACRES FOR EACH PHASE OF DEVELOPMENT. APPLICANT WILL OBTAIN A REPORT DETERMINING THE STABILIZATION OF EACH PHASE OF CONSTRUCTION OR THIS REVISION WOULD LIKELY HAVE UNINTENDED CONSEQUENCES OF REQUIRING ADDITIONAL MOBILIZATION EFFORTS THROUGHOUT THE CONSTRUCTION PERIOD, THEREBY EXTENDING THE CONSTRUCTION PERIOD OF A PROJECT, WHICH I BELIEVE IS SOMETHING THE COUNTY IS OTHERWISE WANTING TO AVOID CLARITY ALSO ON WHAT IS MEANT BY STABILIZATION WOULD BE BENEFICIAL. LASTLY, SECTION 4 6 0 8 A THREE. THE CONSTRUCTION BOND APPLICANT SHALL POST A BOND WITH THE COUNTY SUFFICIENT TO ENSURE COMPLIANCE WITH CONSTRUCTION REQUIREMENTS IN THE CUP. GIVEN THAT THE COUNTY MAY REQUIRE SPECIFIC BONDS SUCH AS DECOMMISSIONING BONDS, BEAT UP BONDS FOR ROAD CONDITION AND BONDS FOR VEGETATIVE BUFFERS, WE SUGGEST THAT CLARIFYING THIS PROVISION TO DEFINE WHAT THE BOND IS SPECIFICALLY TO COVER AND HOW THAT BONDED AMOUNT WOULD BE DETERMINED WOULD ALSO BE BENEFICIAL. AGAIN, A ES RECOGNIZES THE IMPORTANCE OF LOCALITIES TO PROMOTE RESPONSIBLE PROJECTS, OVERLY RESTRICTIVE SETBACKS, BUFFERS, CITING LIMITATIONS, INCREASED COSTS, AND THREATEN THE VIABILITY OF GOOD PROJECTS. STRIKING THE RIGHT BALANCE IS IMPORTANT. WE ARE A KEY STAKEHOLDER HERE IN SURREY COUNTY WITH EXPERTISE AND EXPERIENCE TO PROVIDE MEANINGFUL INPUT ON SOLAR DEVELOPMENT. I LOOK FORWARD TO CONTINUING TO TALK WITH YOU AND WITH THE REST OF THE COUNTY STAFF AND HOW WE CAN HELP PROMOTE CLEAN ENERGY AND FURTHER SOLAR DEVELOPMENT WITHIN SUR COUNTY. THANK YOU FOR YOUR TIME THIS EVENING. ANYONE ELSE? SUSAN VELA CLAREMONT. UM, I JUST HAVE ONE CONCERN AND I MAY HAVE MISSED SOMETHING. I DON'T KNOW IF IT'S IN THERE OR NOT. UM, WITH THIS LAST PROJECT, THERE WERE SEVERAL, SEVERAL COMPLAINTS ON, UM, THINGS THAT WERE SUPPOSED TO HAPPEN THAT DIDN'T HAPPEN PER SE. TRAFFIC THE WAY IT WAS GOING, IT WAS SUPPOSED TO HAVE GONE AT THIS LOCATION, IT WAS SUPPOSED TO BE TRAVELED TO A SPOT AND TRUCKS WERE COMING UP THE ROADS WITH ROCKS AT DIFFERENT ROUTES. UM, LOTS AND LOTS OF LITTLE THINGS HAPPENED ALONG THE WAY THAT WERE TOLD THAT THE COUNTY CAN'T ENFORCE THAT. IS THERE ANYTHING THAT IS IN PLAY NOW OR CAN BE PUT IN PLAY THAT THE COUNTY CAN STEP IN IF THEY ARE NOT ABIDING BY THEIR AGREEMENTS AND SAY PAUSE, STOP, FIX YOUR ISSUE. START [00:55:01] AGAIN. BECAUSE IF WE CONTINUE TO JUST LET THEM SAY WE'RE GONNA DO THIS, BUT THEN THEY DON'T AND WE HAVE NO SAY. THE DEPUTY COULDN'T STOP ANYTHING. THE COUNTY WASN'T STOPPING ANYTHING. SO IS THERE ANYTHING THAT'S IN PLAY THAT THE COUNTY CAN SAY CEASE FOR A WHILE? I BELIEVE AL WHITE DID IT. UM, I JUST DIDN'T KNOW IF THERE WAS SOMETHING IN THERE THAT I MAY HAVE MISSED, IF THAT COULD BE ADDRESSED. THANK YOU. GOOD EVENING, MR. CHAIRMAN AND, UH, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS BLAKE COX. I'M ONE OF THE FOUNDERS OF A NONPROFIT CALLED ENERGY, RIGHT? UM, AND REALLY OUR WHOLE GOAL IS JUST TO HELP PROVIDE FACTS AROUND THE CLEAN ENERGY, AROUND CLEAN ENERGY HERE IN THE COMMONWEALTH AND HELP COMMUNITIES NAVIGATE THIS CLEAN ENERGY LANDSCAPE. UM, FIRST JUST WANNA COMMEND YOU ALL FOR, COMMEND YOU ALL FOR CRAFTING A THOUGHTFUL ORDINANCE HERE, TAKING THE TIME TO AMEND THE ORDINANCE WHEN YOU FELT CHANGES WERE NEEDED. UM, YOUR ORDINANCE HAS DECOMMISSIONING LANGUAGE, PRESERVATION OF GROWTH AREAS, UM, STRONG ENVIRONMENTAL STANDARDS. THERE ARE ALL HALLMARKS OF GRAY POLICY. THE CURRENT ORDINANCE IN PLACE IS A WIN FOR THE RIGHTS OF LANDOWNERS, WHILE ALSO ADDRESSES, I BELIEVE, THE CONCERNS OF YOUR COMMUNITY. AND WHEN WE HAVE THESE DISCUSSIONS ABOUT THE USE OF PRIVATE LAND, THE THE RESPECT FOR LANDOWNERS RIGHTS MUST BE AT THE FOREFRONT OF THE DISCUSSION. AND SO, WHILE I THINK THE AMENDED ORDINANCE BEING PRESENTED TONIGHT IS LARGELY GOOD, THERE IS ONE SPECIFIC ASPECT OF THE AMENDED ORDINANCE THAT MAY HAVE AN UNATTENDED CON CONSEQUENCE ON LANDOWNERS, PARTICULARLY SMALL LANDOWNERS. AND THAT IS THE 300 FOOT SETBACKS. AND WHILE I KNOW THERE'S REALLY GOOD INTENTION BEHIND THIS, THIS COULD HURT THE SMALLER LANDOWNER'S ABILITY TO DEVELOP SOLAR ON THEIR PROPERTY. I THINK IT'S MOST EVERYONE'S GOAL WHEN DEVELOPING SOLAR, WHETHER YOU'RE A DEVELOPER, COMMISSIONER, SUPERVISOR, A MEMBER OF THE COMMUNITY TO MAKE PROJECTS OUTTA SIGHT AND OUTTA MIND. AND SO THE TYPICAL STANDARD THAT YOU SEE TO ACCOMPLISH THIS AROUND THE STATE IS TYPICALLY AROUND 150 FEET'S THE STANDARD FOR MOST LOCALITIES AROUND THE STATE. UM, AND YOU CAN ALSO RAISE THIS, I THINK HORACE MENTIONED THIS A FEW MINUTES AGO. YOU HAVE THE LIBERTY TO RAISE THIS IF YOU FELT NECESSARY IN CERTAIN SPOTS, BUT KEEPING AT 150 FEET ALLOWS, YOU KNOW, 50 ACRE SOLAR PROJECT TO STILL BE CONSTRUCTED. EITHER COULD BE A FARMER THAT, YOU KNOW, OWNS A HUNDRED ACRES, WANTS TO PUT 50 INTO SOLAR, CONTINUE TO FARM THE OTHER 50. SO THAT WOULD REALLY ELIMINATE THEM IN MANY WAYS, HAVING A 300 FOOT SETBACK TO DO SOLAR ON THEIR OWN PROPERTY. UM, BUT THAT'S REALLY MY ONLY COMMENT HERE. JUST WANNA THANK YOU GUYS FOR YOUR DILIGENT WORK. UM, JUST ENCOURAGE YOU TO MOVE FORWARD ON THE PROJECTS THAT MAKE SENSE FOR YOU GUYS. SO IF WE CAN EVER BE A RESOURCE, HAPPY TO DO SO. THANK YOU. ANYONE ELSE? GOOD EVENING EVERYONE. COME OUT TONIGHT AND THE PLANNING COMMISSION. I'M NATHANIEL LEE SMITH OF SMITHFIELD, VIRGINIA. AND I'M GONNA GET RIGHT INTO THIS. I'VE NEVER GIVEN MUCH THOUGHT TO SOLAR PANELS BEFORE, BUT ONE DAY WHEN HEADING HOME, THERE WAS A BIG ORANGE SIGN WITH A NO LEFT TURN SYMBOL. AND I THOUGHT, HOW AM I SUPPOSED TO GET HOME? THEN I SAW ANOTHER SIGN THAT SAID LOCAL TRAFFIC ONLY. AND I CALMED DOWN 'CAUSE I WAS LOCAL TRAFFIC AFTER ALL. BUT THEN I THOUGHT, WHY LOCAL TRAFFIC ONLY? AND THAT'S WHEN I SAW THE SIGN THAT SAID SOLAR SITE. I STARTED RESEARCHING, TRYING TO FIGURE OUT WHAT WAS GOING ON. AND NOW I HAVE FOUND OUT WHAT WAS GOING ON AND I'M HERE TONIGHT TO SPEAK MY MIND ON IT. SO FIRST OFF, I'LL ACKNOWLEDGE THAT I AM FROM NEIGHBORING OLIVE WHITE COUNTY, BUT AS Y'ALL ALREADY KNOW, THE PROJECT IS PROPOSED ACROSS COUNTY LINES. SO I FIGURED I'D COME OUT TONIGHT AND LET YOU, MY NEIGHBORS KNOW WHAT I THINK ABOUT IT. AND I THINK IT IS GREAT TO SEE SOME INNOVATION IN THIS COUNTY. IT'S MUCH BETTER THAN SEEING HOUSES, NEIGHBORHOODS, AND APARTMENTS GOING UP. AND THIS INNOVATION AIN'T THE TYPE TO BUILD THE TOWN. IT IS THE PERFECT INNOVATION RESERVED OLIVE WHITES AND SURREYS RURAL HERITAGE CULTURE AND IDENTITY. I KNOW SOME CRITICS ARE SAYING IT'S GONNA TAKE A WHOLE LOT OF LAND AWAY, BUT I SAY THIS PROJECT AIN'T TAKING AWAY THE LAND. THE LAND'S STILL GONNA BE THERE. IT'S JUST GONNA HAVE SOLAR PANELS ON IT. A S IS NOT ASKING TO FLOOD THE PLACE AS DOMINION ENERGY DID UP SPOTSYLVANIA WAY TO MAKE LAKE ANNA FOR A NUCLEAR POWER FACILITY THAT IS 13,000 ACRES OF LAND GONE. NOW, I HAVE HEARD SKEPTICS SAY, WHAT IF A HAILSTORM COMES THROUGH? AS I WILL ADMIT, SOMETIMES THEY DO. WE'VE ONLY JUST GOTTEN THE PROCESS OF GETTING THE HOUSE PAINTED SINCE THE LAST ONE CAME THROUGH A FEW YEARS AGO, BUT FOR ARGUMENT'S SAKE. UH, BUT ANYWAY, SKEPTICS SAY, WHAT IF A HAILSTORM COMES THROUGH AND BREAKS THE PANELS OPEN AND CHEMICALS START OOZING OUT AND THOSE CHEMICALS GETTING WELL WATER THAT, [01:00:01] I'LL SAY THIS, WE'VE NEVER ONCE THOSE, INCLUDING THE WINDSHIELDS, THEY'VE NEVER BEEN BROKE OR CRACKED. AND ALL THE VEHICLES DO SIT OUTSIDE. I'M SURE A S CORPORATIONS SOLAR PANELS HAVE BEEN BUILT WITH QUALITY GLASS. BUT FOR ARGUMENT'S SAKE, IF CHEMICALS DID OOZ OUT, I DO NOT SEE HOW THAT EVEN COMPARES ALL THE CHEMICALS THE FARMERS HAVE BEEN PUT SPRAYING ON THOSE VERY FIELDS FOR DECADES. I'LL TELL YOU NOW THAT STUFF HAS BEEN GETTING IN THE WELL WATERS IF YOU HAVEN'T BEEN FILTERING IT LIKE I DO. AND I DO IT TO PROTECT MYSELF FROM THE FARMER'S CHEMICALS. SO MY RECOMMENDATION TO YOU IF YOU ARE TRULY WORRIED ABOUT WATER CONTAMINATION, IS TO GET A WATER FILTER. NEXT, I WOULD LIKE TO SPEAK ON THE COMPANY THAT HAS MADE THIS APPLICATION. A ES CORPORATION. A ES IS HEADQUARTERED IN THE COMMONWEALTH. THEY'RE NOT SOME OUTSTATE COMPANY COMING IN FOR A MONEY GRAB AND THEN HIGHTAILING IT OUT OF HERE, SELLING THE SITE TO DOMINION ENERGY. A ES INTENDS TO RETAIN OWNERSHIP OF THE SITE AND OPERATING AND MAINTAIN IT THROUGH ITS ENTIRE LIFETIME. I'M SURE THEY WILL HAVE HIGH STANDARDS 'CAUSE VIRGINIA IS THEIR HOME TOO. NOW I WANT TO ACKNOWLEDGE THERE HAVE BEEN SOME MISHAPS THAT HAVE AROSE DURING THE CAVALIER PROJECT, BUT MISTAKES AND THINGS THAT COULD HAVE JUST BEEN DONE DIFFERENTLY ARE GOING TO HAPPEN WITH ANY PROJECT. AND YOU KNOW, I BELIEVE THAT THESE MISHAPS HAVE BEEN A GOOD THING. A LESSON WAS LEARNED. A ES HAVE PROVEN THEMSELVES. I'M SURE THE COMPANY WILL DO EVERYTHING WITHIN ITS POWER TO ENSURE THESE MISTAKES DO NOT HAPPEN AGAIN. AND THAT IS WHY I SUPPORT THE SYCAMORE CROSS SOLAR PROJECT. AND I CERTAINLY HOPE THAT Y'ALL DO TOO. THANK YOU. YOU'RE WELCOME. ANY OTHER COMMENTS? IF NOT, I'LL CLOSE THE PUBLIC HEARING. ANY, UH, COMMENTS FROM THE, UH, COMMISSION? SOUNDS LIKE THAT WE HAVE SOME DATES BASED ON EARLIER DISCUSSIONS. UM, I, I GUESS MR. WADE, I HAVE A QUESTION. CAN WE, UH, SINCE THESE UPDATES, UM, THAT SHOULD BE COMING FORWARD, KIM, UM, WHAT IS THERE LEGALITY TO TABLE IT TO OUR NEXT MEETING? YOU CAN YOU, YOU HAVE DECISION TO APPROVE IT, DENY IT OR, OR DEFER IT? SO IF YOU, IF YOU, YOU WANT DEFER UNTIL THE, SOME OF THOSE CHANGES ARE MADE, UM, BY STAFF, WE CAN, WE CAN, WE CAN CERTAINLY DO THAT. MR. MR. CHAIRMAN, IF, IF I MAY, IF THE DECISION IS ME TO, UM, DEFER THIS MATTER TO TABLE IT UNTIL YOUR NEXT MEETING, UM, IT IS MY LEGAL OPINION THAT, UH, GIVEN THE CHANGES THAT HAVE BEEN PROPOSED, WE WOULD NOT HAVE TO RE ADVERTISE FOR PUBLIC HEARING SINCE THE PUBLIC HEARING HAS OPENED AND CLOSED. THE, UM, THE CHANGES THAT WE'VE DISCUSSED ARE ONES THAT HAVE COME UP IN PRIOR CONVERSATIONS ARE ONES THAT, GIVEN THE TOTALITY OF THE DOCUMENT, ARE, UH, ONES THAT I WOULD CONSIDER TO BE, TO BE MINOR IN MY LEGAL OPINION. SO I JUST WANTED TO GO AHEAD AND LET THE COMMISSION KNOW. UM, CERTAINLY IF YOU ALL WANTED TO DO ANOTHER PUBLIC HEARING, THAT THAT IS AN OPTION THAT IS AVAILABLE TO YOU ALL AND WE WOULD, UH, MR. WADE AND I WOULD GO AHEAD AND GET THE PROPER ADVERTISEMENTS. UH, BUT AGAIN, IT IS MY LEGAL OPINION THAT THAT IS NOT NECESSARY. THANK YOU. UH, MR. WADE, MR. CHAIRMAN, UM, I WANT TO JUST ASK, I GUESS ONE QUESTION. I, I KNOW MR. COX JUST STATED THAT THE, UH, 300 FOOT SETBACKS WITH THE CONCERNS OF, UM, CITIZENS WITH SMALLER FARMS, UH, WOULD, WOULD CALL SOME HARDSHIPS OR WHAT HAVE YOU. UM, AND IF, I GUESS I DON'T WANNA QUOTE YOU DIRECTLY, BUT, UM, WOULDN'T THAT STILL HAVE TO COME BEFORE US? IF, IF, UH, APPLICANT, UH, PUT THE PERMIT IN THAT IT WOULD STILL HAVE TO COME BEFORE THE BOARD? CORRECT. IT'LL STILL HAVE TO COME BEFORE THE P CAP AND THE BOARD. RIGHT. SO WE WOULD STILL MAKE THAT FINAL DECISION ON THE SMALL TOWN. YEAH. AND, AND, AND THERE AND THERE, THERE ARE SOME EXCEPTIONS HERE THAT UNDER WAIVERS AND MODIFICATIONS, UM, THAT THEY CAN WAIVE, THAT THE BOARD CAN WAIVE ANY, ANY OF THOSE IF WE DO HAVE A SETBACK FOR SOME REASON. IF YES SIR, IF THERE'S SOMETHING THAT, YOU KNOW, 300 FOOT FOOT SETBACK AND YOU HAVE SOME BUFFER AND YOU WANNA PUT, YOU'RE GONNA PUT WITHIN THAT BUFFER. I THINK YOU GUYS MENTIONED THE WHOLE MENTIONED BEFORE, PUTTING IN, UM, A A A A FIRE ACCESS IN THAT SAME BUFFER. YOU CAN PROBABLY REDUCE IT LESS TO THE LESS THAN THAT IF, IF IT MADE SENSE. SO I THINK IF, IF, IF THE APPLICANT SHOWED AND DEMONSTRATED THAT THEY'RE, THEY'RE ACHIEVING THE, THE OVERALL VISION THAT THE COUNTY HAS, I'M, I'M SURE THAT THE, THE PLANNING COMMISSION BOARD CAN MAKE THAT, UH, RECOMMEND A [01:05:01] WAIVER OR MODIFICATION. THE BOARD CAN DO THE SAME. SO, YOU KNOW, YOU'RE SETTING UP FOR 300 FOOT SETBACK AND BUFFER, BUT YOU ALSO HAVE THE ORDERS HERE. A WAY FOR THE PLANNING COMMISSION AND THE BOARD A WAY TO PROVIDE SOME FLEXIBILITY FOR SOME APPLICATIONS THAT MIGHT NOT EX MIGHT NOT, UH, GET THAT SAME LEVEL. IF, IF IT IS A SMALLER PROJECT THAT THERE'S SOME MAJOR ISSUES, BUT THERE'S SOME SUPPORT AROUND IT, AROUND THE, FROM SURROUNDING PROPERTIES, THEN, THEN THERE MIGHT BE A WAY TO FOR A ONE FOR EVERYONE. THANK YOU, SIR. I, AND I GOT ONE COMMENT ON THAT. FOR A SMALLER, UM, SOLAR PROJECTS, HOW MANY HAVE WE BEEN APPROVED? SMALLER PROJECTS. SMALL PROJECTS. SO WE HAVE, WE HAVE ZERO SMALLER PROJECTS. WHAT I WAS THINKING, UM, I GUESS YOU DEFINE SMALL PROJECT. 'CAUSE EVEN THE, EVEN THE ONES THAT WERE SMALLER AND MEGAWATTS WE'RE STILL UNDER LARGEST LOT OF LAND, SO, RIGHT. AND, UM, SO I MEAN, WE WE'RE, WHAT WAY I'M THINKING THAT WE HAVE DECIDED TO DO THIS IS WE'RE TAKING INTO CONSIDERATION OF THE, THE SURROUNDING LANDOWNER. THE WHAT, WHAT CAN, YOU KNOW, UM, WHAT YOU SEE, WHAT YOU DON'T SEE. UH, YOU KNOW, THERE WAS COMMENT COMMENTS TONIGHT AND WHAT, YOU KNOW, IF YOU GOT A HUNDRED ACRE FARM, YOU WANT TO PUT 50 ACRES IN THE THING AND CONTINUE TO FARM, THEN NO, HE'S NOT GONNA FARM THAT 58 ACRES. HE CAN MAKE A LIVING ON 50. I'M A FARMER, I CAN TELL YOU HE'S NOT MAKING A LIVING ON THAT 50 ACRES, ACRES OF FARM. HE BE BUTT OFF, PUT THE WHOLE THING IN, IN A HUNDRED AND SOLAR PANEL. SO THAT'S, THAT'S, YOU KNOW, I, YOU KNOW, I JUST, YOU KNOW, SOME OF THE, THE ACKNOWLEDGEMENT THAT I'VE HEARD FROM THE PEOPLE THAT, AND, AND THEY HAVE A RIGHT TO I UNDERSTAND THAT. BUT AS, UH, YOU KNOW, ON, ON THE BOARD LISTENING TO THAT, WE HAVE NOT HAD THE FIRST ONE OF SMALL SOLAR PROJECTS. IF WE HAD A BUNCH OF THEM, I'D HAVE A DIFFERENT FEELING ABOUT IT. BUT I'VE HAD IN, I'VE HAD INQUIRIES, ANOTHER AVENUE I'VE HAD INQUIRIES ABOUT SMALLER PROJECTS, BUT I HAVEN'T HAD AN OFFICIAL APPLICATION. RIGHT, RIGHT. AND WE, AND WE ADDRESSED THE MEGAWATT ISSUE IN OUR ORDINANCE. MM-HMM. . SO EVERYTHING IS GOING, THESE PEOPLE WANT 350 MEGAWATTS AND, AND THEY DON'T WANT TO, THEY, THEY, THEY'RE GOING TO DESERVE AN INCH OF THAT LAND AND GET TO GET TO 350. AND THEN WE GOING TO USE ANOTHER PROJECT TO COME RIGHT IN BESIDE IT TO DO ANOTHER 350 MEGAWATTS. SO THAT'S MY COMMENT ABOUT IT. MAYBE NOT THE RIGHT ONE, I'M SORRY, BUT IT STILL HAS TO COME BEFORE US. IT STILL COMES FOR COMMISSION. IT DOES, RIGHT. YEAH. BUT I MEAN, HE, THEY'RE TRYING TO CONVINCE US TO, TO LOWER THE 300 FOOT BUFFER AND, AND WE HAVE NOT SEEN A SMALL PROJECT. RIGHT. SO WE COULD TAKE THAT INTO CONSIDERATION, LIKE YOU JUST SAID, WE COULD DO THAT. BUT YOU KNOW YEAH. THE ORDERS THAT YOU HAS AN AGENDA. YEAH. THE ORDER THAT YOU HAVE IN FRONT OF YOU DOES ALLOW THAT FLEXIBILITY. UM, IF, IF THERE'S SOME THINGS THAT YOU ALL SEE IN THE PACKET, IT'S LIKE, OKAY, WELL, YOU KNOW, THESE ARE, YOU KNOW, I MIGHT WANT TO MAKE SURE THAT IN THE APPLICATION THEY PROVIDE A REASON WHY THEY NEED TO REDUCE SETBACK OR REDUCE BUFFERING. SO, UM, BUT THAT'S, THAT'S, THAT'S BEFORE, THAT'S BEFORE TONIGHT. AND IF, UM, YOU KNOW, IF YOU, IF YOU ALL WOULD DESIRE, IF YOU MAKE A MOTION TONIGHT TO DESIRE TO, FOR STAFF TO REVISIT THOSE ELEMENTS AND COME BACK TO YOU WITH A FINAL DRAFT TO SUBMIT TO THE BOARD. WE COULD DO, WE CAN DO THAT. OKAY. AT THIS TIME I'D ASK FOR, UH, COULD I ASK ONE MORE QUESTION? YES. UH, CAN YOU REMIND ME OF THE PROCESS OF THIS? WE'RE, IF WE ADOPT THIS, IT GOES ON TO THE BOARD? YES, SIR. UM, CAN THEY MAKE CHANGES TO IT? THEY CAN. THEY CAN. DOES, DOES THAT ANSWER YOUR QUESTION, SIR? YES. OKAY. THEY, THEY COULD, THEY CAN, BUT THEY'LL HAVE ANOTHER PUBLIC HEARING ON IT. THEY HAVE TO HAVE ANOTHER PUBLIC HEARING AS WELL. RIGHT. OKAY. SO MR. WADE, CAN WE GO BACK TO THE NOISE? UM, NUMBER 11 ON PAGE 22. SO WHERE ELSE DO WE ADDRESS NOISE IN THIS? DO WE, DO WE HAVE SOMETHING IN THEIR APPLICATION AREA THAT TALKS ABOUT NOISE? SINCE WE DON'T HAVE ANY NOISE REQUIREMENTS IN THIS ZONE. UM, AND NOISE IS A REAL PROBLEM THAT PEOPLE [01:10:01] ARE EXPERIENCING NOW. IT'S CONSTANT HUMMING. I THOUGHT WE HAD SOMETHING ABOUT BACKGROUND, OR AT LEAST SOME WAY OF DEMONSTRATING THE LEVEL OF NOISE THAT WOULD BE GENERATED AT DIFFERENT DISTANCES. I GUESS YOU'VE GOT ON PAGE TWO, DESCRIBE AND PROVIDE RENDERINGS AND PLEA, BUT NOT LIMITED, 3D IMAGES, AUDIO FILES, SITE VISITS, GLARE, NOISE PRODUCED. SO THEY HAVE TO GIVE US SAMPLES OF NOISE THAT WOULD BE GENERATED. AND THAT WOULD BE IN THEIR, IN THEIR PROJECT NARRATIVE. CORRECT. THAT'S AT THE APP, AT THE STATE OF THE APPLICATION. SO, AND, AND THEN A PART OF, UM, THE CONCEPT DEVELOPMENT PLAN PART IS THE SAME PART OF THE APPLICATION. NOT, NOT THE SAME PART, BUT THERE ALSO PROVIDES SOME INVERTER LOCATION. SO A LOT OF TIMES, ANYTHING THAT PRODUCES NOISE, IT WOULD KNOW WHERE THEIR, THEIR APPROXIMATE LOCATION OF WHERE THEY'RE GONNA BE LOCATED. UM, INVERTERS ARE, KNOW THE BIG NOISE. UM, AND, UH, 3D IMAGES AND AUDIO FILES, SITE VISITS OF GLARE AND NOISE PRODUCED WITH ANY EQUIPMENT. SO AS PART OF THE APPLICATION, THEY ARE TO PROVIDE THE INFORMATION TO YOU AT THE TIME OF APPLICATION AND THE PREVIOUS ORDINANCE, WAS THERE ANY DESCRIPTION ABOUT MITIGATING NOISE? NOT TO MY KNOWLEDGE. SO THERE ARE WAYS TO MITIGATE NOISE. OBVIOUSLY YOU HAVE, THERE ARE CERTAIN PIECES OF EQUIPMENT THAT THEY HAVE OUT THERE. FOR EXAMPLE, THERE MIGHT BE SOME OTHER TYPES OF INVERTERS THAT A COMPANY CAN USE INSTEAD OF THE ONE THAT PRODUCES A LOUD OF NOISE. THERE MAY BE ANOTHER ONE THEY COULD USE. UM, BUT ONE OF THE THINGS YOU WANT TO PUT IN PLACE, POSSIBLY AT YOUR, UM, IN YOUR CP CONDITIONS WOULD BE THAT YOU HAVE A CERTAIN DUST BOWL LEVEL AT A CERTAIN DISTANCE AWAY FROM YOUR POPPY LINES. OKAY. SO THERE, THERE IS A WAY IT SAYS MITIGATING NOISE IN THERE RIGHT NOW. SEE IT'S NOT SPECIFICALLY IN THEIL, IT'S THAT IT'S IN THE GENERAL DESIGN GUIDELINES FOR DEVELOPMENT PRODUCTS. YEAH. OH, OKAY. MITIGATE. YEAH. THIS IS PART OF WHAT WE WOULD LOOK FOR. UM, WHEN WE WERE ACTUALLY DOING A SITE SITE, THE SITE PLANNING, WE WOULD LOOK FOR WAYS TO MITIGATE THE NOISE AND THE SITE PLANNING. BUT IF YOU'RE SITE, YEAH. SO IF YOU'RE, IF YOU'RE WE'RE DESIGNING A SITE PLAN, ONCE YOU GET TO THE STAGE OF PLAN DEVELOPMENT, UM, SORRY, I'M SORRY. LAND USE DEVELOPMENT. THIS IS THE STAGE YOU GO THROUGH HERE. WHEN YOU GO THROUGH THE CP PROCESS, THEN YOU GET TO THE SITE PLAN. WHEN IT GETS TO OUR OFFICE TO REVIEW, WE, WE WILL LOOK FOR THAT. BUT SOME OF THE THINGS YOU HAVE TO HAVE IN PLACE, THAT ORDINANCES AND THE LANGUAGE THAT GUIDE WHAT WE NEED TO PUT OUT THERE. IF YOU NEED TO SHOW LIKE, UM, UH, I GUESS DECIMAL READINGS, WE NEED TO SHOW LIKE A GRAPH. THIS IS, WE WOULD, WE SHOULDN'T SEE A DECIMAL LEVEL ABOVE THIS AT THIS PROPERTY LINE. WE WOULD PROBABLY LIKE IT, WE WOULD PROBABLY USE THIS SECTION OF THE ORDINANCE TO DO THAT. SO THAT, BUT IT'S, BUT IT'S, BUT IT'S NOT IN THE, IT'S NOT IN THE SOLAR ORDINANCE. NO. RIGHT. AND THIS IS FIVE DASH 1 0 4 5 DASH FOUR. THERE IS A SECTION THAT SAYS NOISE IN THE SOLAR ORDINANCE IS 10 DASH 1 54. YEAH, THAT'S THE, THAT'S THE, THAT'S THE SAME SECTION THAT WAS COPIED OVER. IT WAS, IT WAS EXACT SAME VERBATIM LANGUAGE THAT WAS COPIED OVER TO, TO THIS ONE. OKAY. RIGHT. AND, AND THE MAIN PROBLEM WITH THAT ONE IS THAT I GUESS THERE'S, YOU SEE THAT IT SAYS YOU'LL USE THE UNDERLYING ZONING DISTRICT AND WE, YOU TRY TO GO FIND THAT IT DOESN'T EXIST, RIGHT? SO WE'RE REFERRING TO SOMETHING THAT DOESN'T EXIST. AND SO THAT, THAT'S SOMETHING TO KEEP IN MIND TOO. AND NOW, AS I GET TO THAT AT A LATER DATE FOR ANOTHER, ANOTHER DISCUSSION, BUT YOU, YOU, YOU WANNA KEEP THAT IN THE BACK OF YOUR MIND THAT WE DON'T HAVE THIS INSTER. THAT IF YOU DON'T HAVE A TOOL, YOU NEED TO MAKE SURE THAT YOU KEEP IN MIND THAT I DON'T HAVE A TOOL. SO YOU NEED TO BASICALLY MAKE SURE YOU KEEP THAT, WRITE THAT DOWN AS A NOTE, AND THERE'S, THERE'S NO TOOL THERE. SO IN THE FUTURE YOU CAN, YOU CAN ADD THE SAID TOOL. JUST MAKE, JUST MAKE SURE YOU KEEP THAT NOTE. . . THANK YOU [01:15:01] MR. . MR. CHAIR. YES. UM, I SEE OUT ALL THE DISCUSSION AND, UM, I GUESS THE RECOMMENDED CHANGES, UM, I WOULD LIKE TO SEE IF I MOVE A MOTION TO POSSIBLY DEFER THIS, UH, ORDINANCE, THIS AMENDMENT. EXCUSE ME. LEMME MAKE THE PROPER MOTION. UH, I MOVE TO DEFERRED PC ORDINANCE AMENDMENT 2024 DASH OH TWO TO OUR NEXT MEETING TO GIVE STAFF ENOUGH TIME TO, UH, MAKE THE, UH, RECOMMENDED CHANGES AND THEN MAKE THE PRESENTATION FOR US TO MAKE A DECISION. I SECOND, THEN PROBABLY MOVE TO SECOND THAT WE DEFER THE, UM, ORDINANCE AMENDMENT 20 24 0 2 TO OUR NEXT, UM, PLAINTIFF COMMISSION MEETING. AND DO WE NEED TO DO, UH, UH, ROLL CALL? ROLL CALL OR INDIVIDUALLY OR HOWEVER, HOWEVER YOU SEE FIT? UH, ALL THOSE IN FAVOR, SENATOR, BY SAYING AYE. AYE. OPPOSED? AYES HAVE IT. SO THAT WOULD BE CARRIED TO OUR NEXT, UH, P COMMISSION MEETING. ALRIGHT, THE NEXT THING ON THE AGENDA IS ORDINANCE AMENDMENT 20 DASH 24 0 3. MR. WADE, THAT LASTED YOU, EXCUSE ME. YES, SIR. BEFORE UNITE, WE DO HAVE INTRODUCTION, UH, LANGUAGE OF A PARTICULAR USE. UM, THAT USE IS A EVENT CENTER. AND BEFORE YOU, IT IS A, THE, THE LANGUAGE HERE WOULD BE A MULTIPURPOSE FACILITY WITH FLEXIBLE INDOOR OUTDOOR SPACE TO INCLUDE, BUT NOT LIMITED TO ACTIVITIES SUCH AS WEDDINGS, CONVENTION MEETINGS, JOB FAIRS, AND TRADE SHOWS. UM, WE HAVE PROPOSED THESE NEW USES IN OUR B ONE AND B TWO USES AS PERMITTED BY, PERMITTED BY RIGHT. AND AS A CONDITIONAL USE PERMIT. AND OUR AL, WHICH IS AGRICULTURAL LIMIT DISTRICT, AND OUR AR DISTRICT, AGRICULTURAL RURAL DISTRICT, AS CONDITIONAL USE PERMITS, UM, BEFORE YOU, YOU HAVE THOSE, THAT INFORMATION WITHIN YOUR PACKET THE NIGHT. UM, ONE OF THE THINGS THAT LED US TO THIS IS HAVING, UM, REVIEWED, UH, A PROJECT WITH A, UH, POTENTIAL BUSINESS OWNER. UM, WE, WE EVALUATED LAND USES FOR THEIR PROPERTY AND LOOKING FOR LIKE, USES FOR PROPERTIES THAT ARE JUST LIKE THEIRS. THERE WAS NO WAY TO USE THIS PARTICULAR USE UNLESS YOU HAD, UM, OR THE STATE HAS ALLOWANCES FOR AGRICULTURAL EXEMPTION OF PROPERTIES. OR IF YOU WERE A CLUB, LIKE A, A CIVIC CLUB OR CLUB, LET'S JUST SAY FOR A RUIN CLUB. THOSE, THOSE ARE ONLY TIMES YOU CAN HAVE THESE TYPES OF USES. SO THIS IS A INTRO, A WAY TO INTRODUCE THE TYPE OF USE FOR THIS PROPERTY, UM, FOR THESE TYPES OF PROPERTIES, AGRICULTURAL, RURAL DISHES, WHICH MAKE UP MOST OF THE COUNTY. UM, BUT THE USES WOULD BE, UM, HAVE TO GO BEFORE THE BOARD SUPERVISORS, COMMISSION BOARD SUPERVISORS, UM, BEFORE THEY WOULD BE APPROVED, JUST ALLOWING THAT USE TO TAKE PLACE AND TO AT LEAST BE CONSIDERED BY THE PLANNING COMMISSION AND, AND THE BOARD. SO THAT'S, THAT'S WHAT I HAVE FOR YOU TONIGHT. IF YOU HAVE ANY QUESTIONS, I'LL BE SURE TO ANSWER ANY OF 'EM THAT YOU MIGHT HAVE. OKAY. ANY QUESTIONS FOR MR. WADE? SO IT'S NOT NECESSARILY, WOULDN'T NECESSARILY HAVE TO BE A STRUCTURE. IF SOMEBODY HAD A BIG OPEN FIELD AND THEY WANTED TO HAVE A HOT AIR BALLOON FESTIVAL, WOULD THAT BE, THAT THAT MIGHT BE OUTDOOR GATHERING. OKAY. THAT MIGHT BE OUTDOOR GATHERING. AND IT, IT, THIS WOULD BE SOMETHING LIKE A CONTINUAL, LIKE THEY'D HAVE WEDDINGS YES. IF THEY HAD LIKE A, LIKE A WEDDING VENUE OR SOMETHING LIKE THAT. OKAY. AND THEY, THEY WOULDN'T HAVE EVENTS OR FAMILY REUNIONS OR SOMETHING LIKE THAT. THEY WOULD BE ABLE TO, TO DO THAT USE AND HAVE A BUSINESS THERE. UM, BUT LIKE SOMETHING LIKE A, A BALLOON FESTIVAL OR SOMETHING LIKE THAT, THAT WOULD BE ANOTHER, ANOTHER OUTDOOR GATHERING USE. AND DEPENDING ON THE NUMBERS AND THE FREQUENCY, THEY MAY NOT REQUIRE ANY ADDITIONAL PERMITS OR ANYTHING FROM US. AND THIS, THIS PARTICULAR USE, UM, ALL OF WHITE'S ORDINANCE IS VERY SIMILAR TO OUR ORDINANCE. AND WE DID FIND THIS USE SPECIFICALLY AS STATED IN, IN THEIR ORDINANCE AS WELL. SO IT WASN'T SOMETHING THAT WAS VERY DIFFICULT FOR US TO FIND, UM, IN THEIR ORDINANCE. AND THEY DO HAVE BUSINESSES LIKE THAT, THAT, THAT, THAT USE THAT. AND IT, IT WOULDN'T AFFECT ANYONE THAT HAS ONE NOW IN THE COUNTY. WOULD THEY BE GRANDFATHERS? SO, SO I DON'T HAVE A, I DON'T HAVE A DEFINITIVE ANSWER FOR YOU ON THAT ONE. UM, I DO KNOW A LOT OF THE PLACES AROUND HERE, WE HAVE FOUND THAT THEY HAVE, UM, AGRICULTURAL EXEMPTIONS. SO IF THEY HAVE A FARM THERE IN PLACE, OKAY. THERE ARE CERTAIN THINGS THAT THE STATE OF VIRGINIA THROUGH THE, UM, THE ATTORNEY GENERAL'S THAT THEY'RE ALLOWED TO HAVE AGRIBUSINESS [01:20:01] THERE. SO THEY MAY NOT, WE, THAT'S SOMETHING THAT WE NEED TO WORK ON AS A COUNTY TO MAKE SURE THAT THEY'RE, WHAT THE ATTORNEY GENERAL HAS IN PLACE WHERE THE AGRIBUSINESS IS CODIFIED WITHIN OUR ORDERS. BUT STATE BASIC, WHATEVER THE STATE SAYS THEY'RE ALLOWED TO DO, WE CAN'T TELL THE STATE NO, THEY CAN'T DO THAT. THE STATE ALLOWS 'EM TO DO IT. THEY CAN DO IT. SO EVEN IF OUR WITNESS DOESN'T AGREE WITH IT, IF THE STATE ALLOWS 'EM TO DO IT, THEY CAN DO IT. SO THAT'S SOMETHING THAT WE'RE GONNA HAVE TO, WE WILL HAVE TO ADDRESS. AND THAT'S SOMETHING THAT'LL I'LL TELL YOU A LITTLE BIT ABOUT, A LITTLE BIT LATER. BUT, UM, BUT THERE'S, THERE ARE CERTAIN BUSINESSES THAT, THAT, UH, THAT HAVE THE AGRICULTURAL EXEMPTION. UM, AND THE OTHER GROUPS, LIKE I SAID, THAT HAVE CIVIC CLUBS THAT MAY USE MEANS USE A FACILITY THAT WE CAN'T, YOU KNOW, WE CAN'T REQUIRE THEM, BUT IF SOMEBODY'S HAVING A FACILITY THAT WE DON'T KNOW THAT THEY'RE THERE AND THEY DON'T HAVE ALL THOSE OTHER, ANY OTHER EXEMPTIONS OUT THERE, THEY MAY BE REQUIRED. I CAN'T DEFINITIVELY SAY NO, YES OR NO. BUT MR. WADE, DID YOU SAY IF THIS ORDINANCE AMENDMENT WAS APPROVED, THAT ANYBODY SEEKING TO USE IT WOULD HAVE TO COME BEFORE THE PLANNING COMMISSION AND BOARD OF SUPERVISORS EVERY TIME? OR, OR DEPEND? IT DEPENDS. SO B ONE AND B TWO USE, UH, UM, ZONING CATEGORIES. IT WOULD BE A BY RIGHT USE, BUT THAT'D HAVE TO BE B ONE OR B TWO. BUT IF THEY'RE AL OR AR, WHICH IS MOST OF THE COUNTY, THEY WOULD'VE TO COME BEFORE CONDITIONING PERMIT THROUGH THE PLANNING COMMISSION AND DIVORCE SUPERVISORS. THANK YOU. OR EVERY FOR EVENT. NO, NO. NOT, NOT FOR EVERY EVENT. FOR THAT. FOR THE INITIAL APPROVAL. RIGHT, RIGHT. THAT'S WHAT I WAS ASKING. YEAH. I-I-I-I-I, I WOULD NOT WANT TO BURDEN YOU ALL OR OUR OFFICE WITH EVERY SINGLE EVENT. RIGHT, RIGHT, RIGHT. WELL, I MEAN, OR, OR, OR, OR THE, OR THE BUSINESS OWNERS MEAN THE, THE MOTORCYCLE GUYS WERE DOING THEIR THING. THEY CAME EVERY THREE YEARS OR SOMETHING, THREE OR FIVE YEARS, AND THEN WE EXTENDED THEM. YEAH, THAT'S, THAT, THAT'S, THAT'S AN OVERALL LARGE TYPE OF EVENT. THIS IS FOR LIKE A BUSINESS, RIGHT. USE OF A SPECIFIC LOCATION THAT'S NOT NECESSARILY SEEN AND GOT 3000 PEOPLE COMING IN OR SOMETHING. GREAT. SO, UH, WHAT'S THE, UH, PLEASURE OF THE COMMISSION? UH, MR. CHAIRMAN, I'D LIKE TO MAKE A MOTION. HOLD, HOLD ON, HOLD ON, HOLD ON. OH, I'M SORRY. WE, WE GOTTA OPEN THE PUBLIC HERE. OKAY. I'M SORRY. THAT CLOCK. YEAH. I'M SORRY. TIME BE GOING BACK. GOTTA OPEN THE, THIS UP TO A PUBLIC HEARING. IF, UH, ANYONE TO SPEAK, PLEASE COME FORWARD. STATE YOUR NAME AND THE DISTRICT YOU'RE IN, NOT HEARING NONE. I'LL CLOSE THE PUBLIC HEARING THERE. ANY OTHER QUESTIONS OR NOT, UH, UH, ANYTHING? MOTION? I THINK MR. HARDY HAD A, I WAS JUMPING ON IT. I WAS LEADING YOU. YEAH, IT'S ALL RIGHT. IT'S OKAY. UH, MR. CHAIRMAN, I'D LIKE TO MAKE THE MOTION, UH, TO APPROVE, UH, PC ORDINANCE AMENDMENT 2024 DASH OH THREE SECOND PROPERLY MOVED. AND SECOND THAT WE, UH, AB ADOPT THE, UH, UM, ORDINANCE AMENDMENT 20 24 0 3. UH, ALL THOSE IN FAVOR SIGNIFY SAYING AYE. AYE. OPPOSED? SO THE NEXT THING ON THAT IS, UH, PUBLIC COMMENTS. DID YOU, AGAIN, I'D ASK THAT YOU COME FORWARD AND STATE ANY COMMENTS THAT YOU HAVE. HEARING NONE, I'LL GO TO, UH, COMMITTEE UPDATES. SO I'LL, I'LL, I'LL SPEAK AT THIS POINT. UM, WE DO HAVE, UM, AND YOU ALL HAD, WE HAD A WORK SESSION WITH THE BOARD AT, AT OUR LAST MEETING. AND I THINK, ONE, A COUPLE OF THINGS THAT I THINK THEY WERE, I THINK IT WAS A GOOD CONVERSATION THAT WE, THAT WE HAD. UM, I THINK THE NEXT STAGE, I THINK THE DEFINITIVE PART ABOUT HOW DO WE WORK, WORK THROUGH, UM, CITING AGREEMENTS, SETTING AGREEMENTS WOULD BE REVIEWED WITH YOU ALL AND THEN WITH YOU ALL PROVIDING, UH, A RECOMMENDATION TO THE BOARD BEFORE THE BOARD HAS THEIR PUBLIC HEARING. SO I THINK THAT'S WHAT WE WOULD, WE WOULD DO IT IN THE FUTURE. UM, WE DO, UM, ONE OF THE THINGS THAT CAME UP WITH THE WORK SESSION PRIOR TO YOU ALL COMING TO THAT ONE, WE HAVE A REVIEW WITH THE BOARD, SOME OF THE THINGS THAT WERE COMING BEFORE THE PLANNING COMMISSION, BUT I, I GOT A CHANCE TO TELL THEM BEFORE I TOLD YOU. UM, WE ARE WORKING ON SOME THINGS BEHIND THE SCENES RIGHT NOW. THERE ARE SOME ORDERS, REVISIONS COMING YOUR WAY WITH SOME SIGNIFICANT, IS THERE ANYWHERE SOME REVISION? THAT'S WHY I SAID IN THE BACK OF YOUR BRAIN, PUT THOSE NOTES UP THERE. THERE'S SOME THINGS THAT YOU WANT TALK ABOUT THAT SAY, YOU, YOU, YOU NOTICE SOME THINGS, PLEASE LET ME KNOW. UM, ONE OF THOSE THINGS, IF [01:25:01] THEY, IF WE'RE NOT TALKING ABOUT NOISE, THAT'S SOMETHING THAT WE NEED TO LOOK AT AS WELL. UM, THERE'S A COUPLE OF, UM, AGRI AGRITOURISM. UM, WE'RE TALKING ABOUT A COUPLE OF THINGS THAT REQUIRE, UM, SIGNAGE, WORKING WITH, UH, OUR SIGN ORDINANCE. THERE ARE SOME CHALLENGES, UM, THAT WE, THAT WE FACE. UH, SOME OF THE SUPREME COURT STATE, UH, RULING BACK IN 2015 RULED THAT, UM, YOU CAN'T HAVE CONTENT BASED TYPE SIGNS. SO UNFORTUNATELY FOR US, THE ORDINANCE THAT WE HAVE IN PLACE NOW WAS ONE IN 2013. SO TWO YEARS LATER, THE SUPREME COURT, THE SUPREME COURT, UH, THE UNITED STATES SUPREME COURT STATED THAT ANY CONTENT BASED SIGN ORDINANCES ARE NOT, UH, THEY'RE VIOLENT, THE FIRST AMENDMENT, RIC. SO WE HAVE TO GO BACK AND TAKE A LOOK AT OUR ORDINANCE TO MAKE SURE WE'RE IN COMPLIANCE. WE HAVE NOT HAD ANYBODY TALK TO US ABOUT THAT YET, BUT IT'S BEST FOR US TO DO OUR INTERNAL REVIEW OF IT AND THEN MAKE SOME, UH, RECOMMENDATIONS FOR, FOR PLANNING COMMISSION TO THE BOARD ABOUT, UM, MAKING THOSE CHANGES. UH, WE'VE ALSO, UH, DISCUSSED TOO ABOUT WORKING WITH OUR AGRIBUSINESSES. A LOT OF TIMES WHEN YOU HAVE AGRIBUSINESS OUT THERE, THEY'RE LOOKING FOR WAYS TO, TO, UM, ADVERTISE THEIR BUSINESSES OUT THERE. WE MAY WANNA LOOK INTO WHAT SOME OF THE THINGS THAT STATE DOES ALLOW US TO DO, UM, AND INCORPORATE THAT INTO OUR ORDINANCE AS WELL, SO THAT IT IS KIND OF A TWO-PRONGED APPROACH. WHAT THE STATE, WHAT, I'M SORRY, WHAT THE SUPREME COURT SAYS AND YOU GOT YEAH. TO AMEND YOUR ORDINANCES SO THAT YOU CAN'T BE CONTENT, YOU CAN'T BE CONTENT BASED. AND ALSO KNOWING WHAT KIND OF NEEDS WE HAVE FOR OUR COMMUNITY. SO THERE ARE CERTAIN THINGS WHERE WE'RE GONNA BE WORKING ON OVER TIME. UM, AND I, I'LL, I'LL GIVE YOU ALL A BREAKDOWN PROBABLY AT THE NEXT MEETING THAT WE HAVE ABOUT WHAT THOSE CHANGES THAT WE NEED TO START WORKING ON. UH, WE DO HAVE OUR CONSULTANT THAT'S KIND OF GIVING US, UH, THUMBS UP THAT WE WILL WORK WITH US ON THOSE CHANGES. SO WE WON'T HAVE TO DO IT ALL. AND, UH, WE'LL PROBABLY, WE'LL PROBABLY WORKING ON IN THE, IN THE NEXT YEAR. UM, AND THERE'S GONNA BE SOME, UH, WE HAVE A FIVE YEAR UPDATE COMING FOR OUR COMPREHENSIVE PLAN UPDATE. THERE ARE SEVERAL THINGS IN THE COMPREHENSIVE PLAN THAT ARE, THAT NOW ARE UP, ARE OUT OUTDATED . LIKE FOR EXAMPLE, YOU GUYS HAD TO WORK WITH HRSD. THEY'VE GOTTEN AHEAD AND COMPLETED EVERYTHING IN THE COMPREHENSIVE PLAN THEY SAID THEY WERE GONNA DO. NOW THEY'RE WORKING ON NEW STUFF AND THIS, AND IN ORDER FOR 'EM TO, TO WORK ON NEW STUFF, THEY HAVE TO GO BACK AND FOR US TO GO GET A PERMISSION AND WHY NOT PUT IN OUR COMPREHENSIVE PLAN AND TAKE CARE OF IT. SO THERE'S OTHER THINGS LIKE THAT WE NEED TO WORK ON, AND WE'LL GIVE YOU SOME MORE, SOME MORE DETAILED APPROACH OF, OF WHAT THAT MEANS AND WHAT THINGS THAT WE NEED TO WORK ON AND WHO'S GONNA BE WORKING ON WHAT PROJECT. 'CAUSE IT IS PLENTY OF WORK FOR EVERYBODY. UM, ONE OF THE THINGS WE JUST RECEIVED RECENTLY WAS AN APPLICATION FOR A NEW ZONING USE. UM, WE'RE, WE'VE BEEN WORKING WITH AN APPLICANT FOR BATTERY ENERGY. UM, I THINK THAT'S ONE OF THE THINGS THAT MAY BE INTERESTING TO OUR, OUR, OUR ZONING SUBCOMMITTEE. AS YOU KNOW, WE TALKED ABOUT SHOULD WE INCLUDE THAT OR SHOULD WAIT UNTIL SOMEONE AFTER BECOMES, WELL NOW OFFICIALLY AN APPLICANT HAS COME BY AND SAID THEY WANNA DO BATTERY STORAGE, UM, IN SURREY COUNTY. UM, THERE WAS ONE WAY TO APPROACH IT AND WE THOUGHT THAT WE NEED TO MAKE SURE THAT WE HAVE A SPECIFIC ORDINANCE IN PLACE TO ADDRESS IT, TO PROTECT THE INTEREST OF SURY COUNTY. AND SO THEY HAVE PROPOSED AN ORDINANCE TO SURY COUNTY, WHICH AT THIS POINT IS TIMING WISE, IT WOULD COME TO US OFFICIALLY, UM, AS A ORDINANCE PUBLIC HEARING, UH, AT OUR DECEMBER 16TH MEETING. AND SO, UM, JUST TO OUR ZONING SUBCOMMITTEE GROUP, I'LL BE CALLING YOU ALL SOON TO SCHEDULE A MEETING FOR YOU ALL TO REVIEW, TO REVIEW THE ORDINANCE. BUT BATTERY ENERGY STORAGE WILL BE COMING TO YOU ALL. UM, AND IT'LL BE, IT'LL MORE LIKELY BE FOLLOWED WITH A, A CONDITION USE PERMIT APPLICATION, UM, FOR THAT TYPE OF PROJECT. BUT THIS IS ANOTHER PROJECT THAT CAN BE, UH, REVIEWED WITH A CITING AGREEMENT AS WELL. IS THIS TIED TO A SOLAR? NO, IT'S SEPARATE. IT SEPARATE IS PROBABLY ON ABOUT 30 ACRES AND FROM, FROM, FROM THE LOOKS OF IT IS RIGHT NEXT TO A TRANSMISSION LINE. SO, UM, SO WHERE ARE THEY GETTING THE ELECTRICITY FROM THE STORE? DON'T KNOW. A HUNDRED PERCENT KNOW A HUNDRED PERCENT OF THAT ONE. THAT'S, THAT'S THE REASON WHY WE, SINCE YOU'RE IN THE ZONING CIRCUIT COMMITTEE YEAH. YOU'LL, YOU'LL KNOW BEFORE EVERYBODY ELSE I'VE NOTICED IT. SO, BUT YEAH, THERE, THERE, THERE, I THINK WE NEED, WE, WE JUST NEED TO SCHEDULE A MEETING AND WORK WITH YOU ALL. AND THEN BEFORE THAT ORDINANCE COMES UP, THE ZONING SECOND COMMITTEE HAVE A, HAVE A CHANCE TO ASK THE, ASK THE TOUGH QUESTIONS BEFORE IT COMES TO THE POINT COMMISSION TO MAKE SURE THAT OUR APPLICANTS ARE READY. UM, SO WHEN THE PUBLIC HEARING COMES UP, STAFF AND STAFF COMMISSION AND THE APPLICANT HAVE A BETTER WAY OF MAKING SURE THAT EVERYONE UNDERSTANDS WHAT THE PROJECT IS, WHAT TYPE OF ORDINANCES WE'RE LOOKING FOR, AND UNDERSTANDING THE PROJECT. 'CAUSE THE PROJECT IS COMING ON THE TAIL END OF HAVING THE ORDINANCE, UM, COME BEFORE OUR, UH, THE PLANNING COMMISSION AND ULTIMATELY TO THE BOARD. SO, UM, THIS IS ONE [01:30:01] OF THOSE PROJECTS THAT DOES HAVE A SIGNING AGREEMENT. SO WE HAVE TO, WE HAVE TO WORK THROUGH THAT PART TOO. SO, UM, WE HAVEN'T HAD A STUDY AGREEMENT SENT TO US YET. UM, ONCE THAT, ONCE WE KNOW MORE ABOUT THAT. WE'LL, WE'LL, WE'LL HAVE YOU ALL TO REVIEW THAT TOO. SO I JUST WANTED TO LET YOU KNOW THAT WE RECEIVED THAT RECENTLY SINCE THE LAST TIME WE MET. WE, WE JU WE LIKE, WE LITERALLY JUST RECEIVED THAT . UM, SO I WANTED TO LET YOU ALL KNOW ABOUT THAT SO THAT YOU GUYS CAN BE PREPARED TO AT LEAST RESIDE SUB COMMITTEE. YOU GUYS ARE HERE AND YOU GUYS HAVE PLENTY OF WORK TO, I THINK YOU GUYS HAVE MORE WORK NOW THAN YOU'VE HAD IN THE PAST COUPLE MONTHS. SO, UM, JUST SO HAPPENS TO BE AROUND HOLIDAY TIME TOO. SORRY, SORRY ABOUT THAT. UM, BUT IF, IF Y'ALL HAVE ANY QUESTIONS, UM, BUT THIS, THESE HANDOUTS WERE SOMETHING I SENT OUT TO EVERYBODY. YOU JUST INCLUDED IT, I THINK. I THINK THAT WAS IS THAT WHAT MS, MR. REGINA? LEMME SEE WHAT THIS WAS. THE, UM, SOLAR CROSS. SO, UH, SYCAMORE CROSS WAS TALKING ABOUT THE DEQ WAS GONNA BE, UM, REVIEWING AN APPLICATION AND THEN THIS WAS THE SAMPLE CITING AGREEMENT FROM SUSSEX. OKAY. I JUST, I DIDN'T KNOW FOR SURE. WAS THERE SOMETHING YOU WANTED TO SAY ABOUT IT? NO, NO, NO, NO, NO, NO. I, NO, NOT REALLY. UM, I, I, I DO KNOW THAT'S WHAT, THAT'S WHAT A SITE AGREEMENT'S GONNA LOOK LIKE, UH, WHEN YOU ALL, WHEN YOU ALL SEE IT, UM, YOU KNOW, DEQ, THAT'S JUST, YOU KNOW, I THINK ONE OF THE QUESTIONS YOU HAD MS. CHEEK ABOUT DEQ, UM, WAS IF I WAS WONDERING IF YOU ACTUALLY GET A, DID THEY SEND THE PLANNING DIRECTOR OR COPY OF SOMETHING LIKE THIS? THEY SENT, THEY, THEY SENT TO THE COUNTY. THIS IS YOU, YOU GOT, YOU RECEIVED A COPY OF THIS LETTER? YES, I BELIEVE, I BELIEVE IT HAS THE COUNTY ADMINISTRATORS ON IT AS AS WELL. SO I, I DID GET A COPY OF THAT, BUT, UM, NO, THAT, I THINK WHEN YOU SEE WETLANDS IN THERE, PEOPLE THINK THAT IT GOES THROUGH THE WETLANDS BOARD. MM-HMM. WE DON'T SEE, THE WETLANDS BOARD DOES NOT SEE THOSE, THEY SEE TIDAL WETLANDS THAT WE DON'T SEE THE INLAND, THE INLAND TYPE WET WETLANDS. SO, YOU KNOW, IF, IF IT'S ALONG THE, THE CREEK OR THE CREEKS OR, UM, ALONG, ALONG THE JAMES RIVER THAT THOSE ARE WHEN WE START INVOLVING THE WET LIST BOARDS THEMSELVES. BUT ANYTHING INTERNAL WOULD, WOULD BASICALLY BE REVIEWED WITH, UM, ARMY CORPS OF ENGINEERS AND, AND OR, UM, VIRGINIA MARINES. SO THAT WE, WE, WE TYPICALLY DON'T, WE'LL GET, WE'LL GET IT, WE'LL GET A NOTICE ABOUT IT, BUT THERE'S NO REQUIREMENT FOR US TO TAKE ACTION IN BECAUSE THAT'S, IT'S THE ACTIONS WITH THE FEDERAL GOVERNMENT OR, OR THE STATE. DO YOU KNOW WHAT THE SPECIFICS ARE ON THAT? UH, HOW ARE THOSE WETLANDS BEING AFFECTED? I MEAN, ARE THEY BUILDING ON THE WETLANDS BUILDING, PUTTING PANELS ON? I HAVEN'T, I HAVEN'T HEARD OF THEM BUILDING THE WETLANDS AGAIN. THAT, THAT PROJECT, MOST OF THE PROJECT ISN'T, ISN'T ALL WHITE. RIGHT. BUT I ASSUME THIS IS, THEY'RE TALKING ABOUT SURY COUNTY WITH THAT LETTER THAT IT WAS BOTH COUNTIES. IT WAS ADDRESSING, UH, REGISTER. WELL THIS, THIS ACTUALLY SAYS 33 ACRES OF WETLANDS IS ON THE BLACK RIVER WATERSHED. SO WOULD THAT NOT BE AN SUR IT COULD BE AN ELEVATOR. IT COULD, IT'S THAT, THAT LETTER IN I LAWYER THIS SIR. YEAH, THE LETTER WAS FOR BOTH BECAUSE IT'S THE PROJECT IS IN BOTH LOCALITIES. YEAH. SO IT'S, IT, IT, IT WAS, IT WAS A MASS LETTER THEY SENT OUT TO EVERYBODY WHO WAS ADJACENT, WHETHER WHAT, WHETHER IT BE OR ALL WHITE. SO WE DON'T REALLY KNOW WHERE THE 33 ACRES IS. NOT YET WITHOUT WHAT I'M LOOKING AT. THEIR PROJECT SIZE. I GUESS IT'S MAPS THAT SHOWS SOMETHING OR, OR DOES THAT JUST SHOW EVERYTHING? YEAH, IT, IT'S, IT'S, YEAH, YOU'D HAVE TO GO DO SOME DETAIL RESEARCH YOURSELF TO GO FIGURE THAT PART OUT. THEY DON'T, THEY, THEY, THEY GIVE YOU, THEY GIVE YOU THE, THE TEST. THEY JUST DON'T GIVE YOU ALL THE ANSWERS TO THE TEST. EXCUSE ME, MR. SO MR. WADE DID YOU DID, EXCUSE ME, MR. CHAIR. I'M SORRY. MR. CHAIR? YES. UH, MR. WADE, UH, THIS LETTER RIGHT HERE, THIS, THAT NOT COME WITH FROM YOU, THIS FROM, WAS THIS ALREADY IN OUR PACKAGE OR WAS THAT INCLUDED IN OUR PACKAGE? NO, THAT WAS ON THE TABLE WAS ON, IT WAS ON TABLE. I, I DON'T KNOW. I DON'T KNOW THAT I INCLUDED ON THE TABLE. SO THIS WAS THAT CHIEF, DID YOU INCLUDE THIS? I HAD SENT IT OUT TO THE ENTIRE COMMISSION, WHICH I BELIEVE YOU SHOULD HAVE RECEIVED IT IN YOUR EMAIL. DID PUT, YOU PUT IT ON THE TABLE. I I GOT IT FROM A OH, OKAY. I, LOCAL CITIZEN. I THINK MY, MY STAFF, UH, AND FOLLOWED THE EMAIL FROM MS. CHIA AND PUT IT ON THE TABLES FOREVER. OKAY. THANK, THANK YOU. THAT'S RIGHT. OKAY. THANK YOU FOR THAT. I THINK THAT WAS, IT WAS ALSO AN EMAIL. I THINK MS. CHICA SENT IT TO EVERYBODY. SO YES, THAT'S LOOKING AT THIS MAP. LEMME JUST ASK ONE MORE THING. IT HAS NOTHING TO DO WITH WETLANDS. AND SO YOU SEE HOW IT SHOWS THIS KIND OF, IS THIS TRANSMISSION [01:35:01] LINES A LITTLE BIT THAT CONNECTS THESE RED DOT RAIL AREAS? ARE THEY GONNA BE SHOWING ON THEIR MAPS WHERE THE TRANSMISSION LINES ARE GONNA BE ACROSS? YEAH, THEY, THEY, THEY ACROSS, THEY, THEY, UH, THEY HAVE, THERE'S THREE. THREE THAT ARE, SO THE CUP FROM THEM WILL INCLUDE ALL OF THE, IT WOULD COVER THE SIX. IT WOULD COVER THE SIX. THE SIX. THANK YOU. ANY OTHER QUESTIONS? PLAN, COMMISSION ON SECRETARY OF COMMUNICATIONS. WELL, THAT, THAT WAS ME. ALRIGHT. , NO OTHER QUESTIONS FOR MR. WADE? UH, ENTERTAIN A MOTION FOR ADJOURN. SECOND. WHAT DAY IS THAT? THE 25TH. THE 25TH OF NOVEMBER. ALL THOSE IN FAVOR SAYING AYE. A. * 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.