Application of Carmine Iadarola, Applicant, and Ho-Fel LLC, Owner, for a Conditional Use Permit on Approximately 300 Acres of Land Located on Lees Mill Road (Rte. 616) to Allow for a Solar Farm to be Permitted on Property that is Zoned Rural Agricultural Conservation (RAC)

Application of Carmine Iadarola, applicant, and Ho-Fel LLC, owner, for a conditional use permit on approximately 300 acres of land out of a 313.78 acre parcel located on Lees Mill Road (Rte. 616) with tax parcel identification number 69-01-087. The purpose of the application is to allow for a major utility service (solar farm) to be permitted on property that is zoned Rural Agricultural Conservation (RAC).

The property in question consists of tilled farmland, a few small areas of forest, and a former resource extraction site which has been reclaimed and is now a pond used for irrigation. The property owners have met with the county on numerous occasions over the years exploring a variety of industrial use options for the property and now wish to pursue a conditional use permit (CUP) for a Major Utility Service use in order to develop the farm land for a solar power production facility.

Approval of this project would result in increased real estate tax revenues. Additionally, because the project exceeds 20MW in size, it is not exempt from machinery and tools taxation.

Staff recommends approval of the CUP with the following conditions: 1. The landscaping buffer shall be increased, as noted on page 3 of the narrative. 2. During and at the end of project construction, any damage done to Lee's Mill Road by solar farm construction equipment shall be repaired in accordance with VDOT standards and specifications. Post construction damage shall be identified based on inspections by VDOT with the Developer or their agent, prior to construction and upon completion, identifying the items for repair. Additionally, at the request of VDOT, in order to ensure the safety of the traveling public, some damages may need to be addressed immediately.

The Planning Commission recommended approval of the application with the following conditions: 1. The buffer around the facility is doubled to 20 feet from 10 feet; double the points value to 90 from 45; the buffer to adjacent housing be 30 feet and an industrial type buffer around that at 120 points. 2. Provide an adequate surety bond established by a third party engineering cost expert and have the bond amount reviewed on a 5 year basis, the potential salvage value not be used against the bond. 3. Provide soil testing before and after construction and every 5 years until project is decommissioned. 4. Repair any damages done to Lees Mill Road during and after project construction by solar farm construction equipment in accordance with VDOT standards and specifications. 5. No use of toxic panels. The application was approved by a vote of 7-0 at the January 22, 2019 meeting.

Based on a discussion with Commissioner Boykin and in order to ensure all conditions are clear and enforceable the following combined conditions are provided for the Board's consideration: 1. The landscaping buffer shall be increased, as noted on page 3 of the narrative and on the conceptual site plan. 2. During and at the end of project construction, any damage done to Lees Mill Road by solar farm construction equipment shall be repaired in accordance with VDOT standards and specifications. Post construction damage shall be identified based on inspections by VDOT with the Developer or their agent, prior to construction and upon completion, identifying the items for repair. Additionally, at the request of VDOT, in order to ensure the safety of the traveling public, some damages may need to be addressed immediately. 3. Provide adequate surety in the amount of 110% of the decommissioning value, established by a third party engineering review, and reviewed on a 5 year basis, the potential salvage value shall not be used against the bond. 4. Provide soil testing for heavy metals before and after construction and every 5 years during the interim until the project is decommissioned. 5. Panels shall be non-toxic.