The Planning Commission recommends denial with a 4-3 vote. They did forward recommended conditions for the Board to consider should the Board approve SUP18-0003. They are found in the 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, and quiet neighbor. 

The applicant requests special use permit approval on two parcels to develop a 70 MW solar energy facility on Agricultural 3 (A-3) zoned properties together constituting a site of approximately 905 acres. The parcels are located in western Spotsylvania County south of W. Catharpin Road, north and east of Post Oak Rd.  The properties are located outside of the Primary Development Boundary and are identified as Tax Parcels 29-A-7 and 43-A-3.  The properties are identified for Rural Residential Land Use development on the Future Land Use Map of the Comprehensive Plan. 

The Planning Commission held a public hearing on December 19, 2018 and closed the hearing. The Commission voted to continue the discussion to January 2, 2019 and then 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 new to the application since the Planning Commission's last meeting on January 2, 2019 are at the bottom of the packet's file attachments beginning with the file "Email - ReBurning Prohibition at sPower" and continuing through the end of the file attachments.