HomeMy WebLinkAbout03-20 OrdinanceAction:
ORDINANCE
PLANNING COMMISSION: June 3, 2020 Recommended Approval
BOARD OF SUPERVISORS: July 8, 2020 Approved
ORDINANCE
CONDITIONAL USE PERMIT #03-20
FOXGLOVE SOLAR, LLC
TO CONSTRUCT A UTILITY -SCALE SOLAR POWER
GENERATING FACILITY
WHEREAS, Conditional Use Permit #03-20 for Foxglove Solar, LLC., was submitted
to construct a utility -scale solar power generating facility. The property properties are
located adjacent to Marlboro Road (Route 361), Hites Road (Route 625), Klines Mill
Road (Route 633), Clark Road (Route 638) and Vaucluse Road (Route 638) and are
identified with Property Identification Numbers 84-A-40, 84 -A -40A, 84-A-50, 84-A-29,
73-A-21 & 84-A-39 in the Back Creek Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on June 3, 2020 and reconvmended approval of the Conditional
Use Permit with conditions; and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on July 8, 2020; and,
WHEREAS, the Frederick County Board of Supervisors finds the approval of this
expansion to a Conditional Use Permit to be in the best interest of the public health,
safety, welfare, and in conformance with the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise
the zoning map to reflect that Conditional Use Pen -nit Application #03-20 for utility -scale
solar power generating facility is permitted on the parcels identified by Property
PDRes #20-20
Identification Numbers 84-A-40, 84 -A -40A, 84-A-50, 84-A-29, 73-A-21, and 84-A-39
with the following conditions:
1. All review agency comments provided during the review of this application shall
be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of
the Fredrick County Zoning Ordinance, shall be submitted to and subject to
approval by Frederick County prior to the establishment of the use. The site plan
shall address additional regulations for specific uses outlined in §165-204.26 of
the Frederick County Zoning Ordinance and be in general conformance with the
Preliminary Site Plans, included with the CUP application, prepared by Timmons
Group, revised July 7, 2020.
3. Buffers and screening shall be provided around the perimeter of the project in
general conformance with quantity of the proposed plantings depicted on Sheet 5
of the Preliminary Site Plan, "Landscaping/Vegetative Screening Detail,"
included with the CUP application, prepared by Timmons Group, revised July 7,
2020. Buffers and screening shall fulfill the landscape screening requirements of
§165-203.02(B)(1) of the Frederick County Zoning Ordinance. The landscape
buffer plantings shall be maintained in good health for the life of the project.
Landscaping and buffering shall be installed along the property boundary on the
east side of Hites Road (Route 635), along the property boundary adjoining PINS
84-1-1, 84-3-2, 84-1-3, 84-1-4, 84-1-5, 84-A-33, and 84-A-35, and along the
property boundary on the north side of Klines Mill Road (Route 633), within three
(3) months of the commencement of construction on the properties identified with
PINs 84-A-50 and 84-A-29. An extension of this time limit may be granted by the
County prior to the start of construction, upon the recommendation of a licensed
landscape architect or horticulturalist to ensure the planting occurs during optimal
seasonal conditions in order to improve the survivability of the required plantings,
upon submission to the County of a letter from such licensed landscape architect
or horticulturalist, specifying the appropriate time frame for planting to
accompany the site plan application project file.
4. Prior to site plan approval, the owner shall enter into a written agreement with
Frederick County to decommission solar energy equipment, facilities, or devices
pursuant to the terms and conditions of §15.2-2241.2(B) of the Code of Virginia.
The written agreement shall be updated every five (5) years and in general
conformance with the Decommissioning Plan, included with the CUP application,
prepared by Walsh, Colucci, Lubeley & Walsh, revised June 24, 2020.
5. Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of this CUP.
6. Entrance to the site from Hites Road (Route 635) shall be prohibited.
PDRes #20-20 2
7. Lay -down yards shall not be permitted to be accessed from or located directly
adjacent to Hites Road (Route 635)
8. Pile -driving of poles for solar arrays during construction shall be limited to
7:OOAM to 5:OOPM Monday through Friday. All other construction activities are
pennitted 7:OOAM to 7:OOPM Monday through Friday and 7:OOAM to 5:OOPM on
Saturday. No construction activities are pennitted on Sundays.
9. Any expansion or modification of this land use will require the approval of a new
CUP.
Passed this 8th day of July 2020 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dump Aye
A COPY ATTEST
Kris C. Tient
Frederick County Administra4-
PDRes #20-20 3
BOS Res. #004-20
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
July 9, 2020
John H. Foote
Walsh, Colucci, Lubeley & Walsh
4310 Prince William Parkway
Prince William, VA 22192
Re: CUP #03-20 Foxglove Solar, LLC
Property Identification Numbers 84-A-40, 84 -A -40A, 84-A-50, 84-A-29, 73-A-21 &
84-A-39.
Dear Mr. Foote:
This letter is to confirm action taken by the Frederick County Board of Supervisors at
their meeting on July 8, 2020. Conditional Use Permit #03-20 was approved to construct
a utility -scale solar power generating facility. Further conditions associated with the
approval of the Conditional Use Permit include the following:
1. All review agency comments provided during the review of this application shall
be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of
the Fredrick County Zoning Ordinance, shall be submitted to and subject to
approval by Frederick County prior to the establishment of the use. The site plan
shall address additional regulations for specific uses outlined in §165-204.26 of
the Frederick County Zoning Ordinance and be in general conformance with the
Preliminary Site Plans, included with the CUP application, prepared by Timmons
Group, revised July 7, 2020.
3. Buffers and screening shall be provided around the perimeter of the project in
general conformance with quantity of the proposed plantings depicted on Sheet 5
of the Preliminary Site Plan, "Landscaping/Vegetative Screening Detail,"
included with the CUP application, prepared by Timmons Group, revised July 7,
2020. Buffers and screening shall fulfill the landscape screening requirements of
§165-203.02(B)(1) of the Frederick County Zoning Ordinance. The landscape
buffer plantings shall be maintained in good health for the life of the project.
Landscaping and buffering shall be installed along the property boundary on the
east side of Hites Road (Route 635), along the property boundary adjoining PINs
84-1-1, 84-3-2, 84-1-3, 84-1-4, 84-1-5, 84-A-33, and 84-A-35, and along the
property boundary on the north side of Klines Mill Road (Route 633), within three
(3) months of the commencement of construction on the properties identified with
PINS 84-A-50 and 84-A-29. An extension of this time limit may be granted by the
County prior to the start of construction, upon the recommendation of a licensed
107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000
landscape architect or horticulturalist to ensure the planting occurs during optimal
seasonal conditions in order to improve the survivability of the required plantings,
upon submission to the County of a letter from such licensed landscape architect
or horticulturalist, specifying the appropriate time frame for planting to
accompany the site plan application project file.
4. Prior to site plan approval, the owner shall enter into a written agreement with
Frederick County to decommission solar energy equipment, facilities, or devices
pursuant to the terms and conditions of §15.2-2241.2(B) of the Code of Virginia.
The written agreement shall be updated every five (5) years and in general
conformance with the Decommissioning Plan, included with the CUP application,
prepared by Walsh, Colucci, Lubeley & Walsh, revised June 24, 2020.
5. Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of this CUP.
6. Entrance to the site from Hites Road (Route 635) shall be prohibited.
7. Lay -down yards shall not be permitted to be accessed from or located directly
adjacent to Hites Road (Route 635)
Pile -driving of poles for solar arrays during construction shall be limited to
7:OOAM to 5:OOPM Monday through Friday. All other construction activities are
permitted 7:OOAM to 7:OOPM Monday through Friday and 7:OOAM to 5:OOPM on
Saturday. No construction activities are permitted on Sundays.
9. Any expansion or modification of this land use will require the approval of a new
CUP.
If you have any questions regarding this action, please feel free to call this office.
Sincerelv,
M. Tyler Klein, AICP
Senior Planner
MTK/pd
cc: Shawn L. Graber, Back Creek Board of Supervisor
J. Rhodes Marston and John F. Jewell, Back Creek Planning Commissioners
Jane Anderson
Commissioner of Revenue
Inspection Department
Foxglove Solar, LLC 337 Log Canoe Circle, Stevensville, MD 21666
Woodbine Farms, Inc., 510 Barley Lane, Winchester, VA 22602
Alfred Snapp & Son, Inc., 883 Clark Road, Stephens City, VA 22655
Levi and Keighley Gore 856 Hites Road, Stephens City, VA 22655