The Planning Commission recommends denial with a 5-2 vote. They did forward recommended conditions for the Board to consider should the Board approve SUP18-0001. They are found in Resolution of Approval - Planning Commission Conditions.

Staff recommends that the Board adopt the Resolution of Approval - Staff Conditions. Staff strongly believes that the conditions are necessary for the project to meet the 8 Special Use Standards of Review and be consistent Comprehensive Plan in an on-balance review. The majority of health, safety, and welfare concerns with the project and the greatest potential for negative impacts on the community are during the construction phase. Once established, the solar energy facility should be a safe, clean, quiet neighbor. 

The applicant requests special use permit approval on multiple parcels to develop a 400 MW solar energy facility on Agricultural 3 (A-3) zoned properties together constituting a site of approximately 5,200 acres.  The properties consist of 11501 W. Catharpin Rd., 12910 Orange Plank Rd., 10900 Buckland Rd., 13301 W. Catharpin Rd., 13001 W. Catharpin Rd., and 22 additional unaddressed parcels.  The properties are located in western Spotsylvania County, south of Orange Plank Road, north of W. Catharpin Road, east of the Spotsylvania/Orange County line and west of Catharpin Rd.  The properties are  located outside of the Primary Development Boundary.  The properties are identified for Rural Residential or Agricultural and Forestal Land Use development on the Future Land Use Map of the Comprehensive Plan. 

The Planning Commission held a public hearing on December 5, 2018 and it was closed. The Commission voted to continue the discussion on the special use to January 2, 2019 and then to January 16, 2019. The Planning Commission voted to recommend denial of the project, but did forward recommended conditions for the Board's consideration. The Planning Commission conditions can be found in the Board's Resolution of Approval - Planning Commission Conditions.

The Staff recommended conditions are different than the Planning Commission conditions. The substantive ways that the Planning Commission conditions differ from Staff’s conditions as follows:

• The Planning Commission prohibited the use of solar panels containing Cadmium Telluride. Staff does not prohibit the use of these panels.
• The Planning Commission prohibited work on Sunday. Staff’s conditions allow for Sunday work, but not pile driving on Sundays.
• The Planning Commission conditions prohibit any and all burning on the property. Staff’s conditions allow for the burning of timber waste within specific parameters.
• A number of other edits have been made to ensure clarity and internal consistency within the Staff recommended conditions.

Wanda Parrish, AICP, Planning Director

Packet items which are updated or new to the application since the Planning Commission's last meeting on January 16, 2019 are noted as UPDATED or NEW in the attachments.