PC 09-02-20 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Conditional Use Permit #05-20 for Bartonsville Energy Facility, LLC
Submitted to construct a 705 acre utility-scale solar power generating facility (disturbed
area) located on a property totaling approximately 1,605.50 acres. The properties are
generally located along Marlboro Road (Route 631), Passage Road (Route 648),
Springdale Road (Route 649), Middle Road (Route 628), and west of the CSX rail
corridor in Frederick County and partially within the Town of Stephens City limits and
are identified with Property Identification Numbers 74-A-45, 74-A-44A, 74-A-4, 74-A-6C,
74-A-44, 74-A-35A, 74-A-20, 74-A-21, 74-A-3 and lots 1-12 (inclusive) in the Springdale
Glen Subdivision and lots 1-52 (inclusive) in the Carrollton Estates Subdivision and in
the Back Creek and Opequon Magisterial Districts.
6.B.Conditional Use Permit #10-20 for Hans Holthaus
Submitted for a public garage with no body repair (vehicles and farm equipment). The
property is located at 5115 Cedar Creek Grade, Winchester, Virginia and is identified
with Property Identification Number 72-A-22A in the Back Creek Magisterial District.
AGENDA
PLANNING COMMISSION
WEDNESDAY, SEPTEMBER 2, 2020
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC09-02-20CUP05-20.pdf
PC09-02-20CUP05-20ConditionsofApproval.pdf
PC09-02-20CUP10-20.pdf
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6.C.Ordinance Amendment - Day-Care Facilities
Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE
I General Provisions, Amendments and Conditional Use Permits; Part 101 General
Provisions, §165-101.02 Definitions and word usage. Day-Care Facility. ARTICLE VI
Business and Industrial Zoning Districts; Part 602 B1 Neighborhood Business
District, §165-602.02. Allowed Uses; Part 603 B2 General Business District, §165-
603.02. Allowed Uses; Part 605 OM Office-Manufacturing Park District, §165-605.03.
Secondary or accessory uses. Revision to the Frederick County Zoning Ordinance to
expand the definition for Day-Care Facility to include the care, protection and guidance
of adults in addition to children, and to include this definition in the B1 (Neighborhood
Business) District, B2 (General Business) District, and the OM (Office-Manufacturing)
District.
7.Other
8.Adjourn
PC09-02-20DRRC-OA.pdf
2
Planning Commission
Agenda Item Detail
Meeting Date: September 2, 2020
Agenda Section: Public Hearings
Title: Conditional Use Permit #05-20 for Bartonsville Energy Facility, LLC
Attachments:
PC09-02-20CUP05-20.pdf
PC09-02-20CUP05-20ConditionsofApproval.pdf
3
CONDITIONAL USE PERMIT #05-20
Bartonsville Energy Facility, LLC
Staff Report for the Planning Commission
Prepared: August 13, 2020
Staff Contact: M. Tyler Klein, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/02/20 Pending
Board of Supervisors: 09/23/20 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable construction of a 705-acre utility-
scale solar power generating facility (disturbed area) located on properties totaling
approximately 1605.5-acres.
Should the Planning Commission find this use for a utility-scale solar power generating facility
to be appropriate, Staff would suggest the following Conditions of Approval:
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 Concept Plan, included with
the CUP application, prepared by Greenway Engineering, dated August 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 Sheets 3 and 4 of the
Concept Plan, “Landscape Buffer A, B, C, D, E & F,” included with the CUP
application, prepared by Greenway Engineering, dated August 7, 2020. The landscape
buffer plantings shall be maintained in good health for the life of the project.
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 Exhibit D:
Preliminary Decommissioning Plan, included with the CUP application, prepared by
Torch Clean Energy, dated May 2020.
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CUP #05-20 – Bartonsville Energy Facility, LLC
August 13, 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. This conditional use permit shall not be effective unless and until the vacations of the
Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In
addition, the approval and recordation of such vacations shall take place prior to the
approval of any site plan for the use authorized by this conditional use permit.
7. Access to the site shall be limited to two (2) entrances from Springdale Road and one (1)
entrance from Passage Road, and be in general conformance with the Concept Plan,
included with the CUP application, prepared by Greenway Engineering, dated August 7,
2020. Delivery of solar array panel construction materials will occur at the site access
entrance off of Passage Road identified as Deer Lane on Sheet 4 of the Concept Plan.
Solar array panel materials delivery laydown area will be limited to Tax Parcel 74-A-44A
(Carbaugh Property).
8. Pile-driving of poles for solar arrays during construction shall be limited to 7:00AM to
5:00PM Monday through Friday. All other construction activities are permitted 7:00am to
7:00PM Monday through Friday and 7:00AM to 5:00PM 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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
Any recommendation for approval should also include a statement affirming that the proposed
solar facility is in substantial accord with the Comprehensive Plan.
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CUP #05-20 – Bartonsville Energy Facility, LLC
August 13, 2020
LOCATION: The properties are generally located along Passage Road (Route 648), Marlboro
Road (Route 631), Springdale Road (Route 649), Middle Road (Route 628), and west of the CSX
rail corridor and partially within the Town of Stephens City limits.
MAGISTERIAL DISTRICT: Back Creek and Opequon
PROPERTY ID NUMBERS: 74-A-3, 74-A-21, 74-A-45, 74-A-44A, 74-A-4, 74-A-6C, 74-A-
44, 74-A-35A, 74-A-20 and all lots 1-12 in the Springdale Glen Subdivision and lots 1-52 in the
Carrolton Estates Subdivision.
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas), R1 (Town of Stephens City)
Land Use: Agricultural, Forestal, Vacant & Residential (platted only)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Residential/Institutional
South: RA (Rural Areas) Use: Agricultural/Residential
East: RA/Town of Stephens City Use: Agricultural/Residential/Industrial
West: RA (Rural Areas) Use: Agricultural/Residential
PROPOSED USE: This is a request to enable construction of a 705-acre utility-scale solar
power generating facility (disturbed area) located on properties totaling approximately
1605.5acres.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a Conditional Use Permit for these properties appear to have little measurable
impact on Route 649 (Springdale Road), Route 648 (Passage Road), the VDOT facilities
providing access to the properties. Locations have been identified for a low-volume commercial
entrance, on Route 648 and Route 649. The new entrances will need to meet VDOT standards
for the proposed use. Should the use ever expand in the future, the entrance will need to be
reviewed, to determine if additional improvements may be required.
See comment letter dated May 26, 2020.
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CUP #05-20 – Bartonsville Energy Facility, LLC
August 13, 2020
Frederick County Fire Marshal:
Plans approved by Fire Marshal, Frederick County.
See comment letter dated May 14, 2020.
Frederick County Inspections:
Conditional Use Permit for installation of solar arrays shall be designed per the 2015 Virginia
Building Code, U-Utility Use Group.
Solar panel installation not associated with publicly regulated utilities require permits. Plans
submitted for permits may require the design to be sealed by a Registered Design Professional
licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in
Chapter 16 VBC.
Please note the requirements in Chapter 17 of VBC for special inspection requirements on the
type of structure (soil, concrete etc.).
See comment letter dated May 14, 2020.
Town of Stephens City:
The Town has no objection to the CUP Application and will provide comments at the time of site
plan submittal.
See comment letter dated June 2, 2020.
Historic Resources Advisory Board (HRAB):
The Frederick County Historic Resources Advisory Board (HRAB) considered the above
referenced Conditional Use Permit application during their meeting on June 16, 2020. The HRAB
reviewed information from the Virginia Department of Historic Resources (VDHR) and
information provided by the Applicant. This application seeks to construct a utility scale solar
project located on 68 parcels of land that total 957 acres. The project will consist of rows of
ground-mounted photovoltaic modules, commonly known as solar panels. The site is located along
Passage Road and Springdale Road, west of the CSX corridor and the Town of Stephens City.
Historic Resources Advisory Board Comments:
The following historic resources are located on the subject site:
• #034-1078 Cherry Dale (Mary Stephens House) – located on site – 74-A-20
▪ Eligible for listing in the National Register of Historic Places (NRHP)
• Survey Area 2 has a structure (labeled building 1) that is not mapped.
o Building 1 is located in the southern portion of the APE and consists of a series of
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CUP #05-20 – Bartonsville Energy Facility, LLC
August 13, 2020
collapsed buildings. Investigators did identify a potential residence, barn, and several
collapsed outbuildings. The property is in the relative mapped location of the
building attributed to R. R. Turner on the 1885 atlas (see Figure 13). No evidence of
the adjacent building depicted on the early twentieth century quadrangles was noted
during the reconnaissance. (Phase 1A survey - see page 22 for text and appendix C
for photograph).
The following historic resources are located adjacent or within the vicinity of the subject site (buffer
area as described in the Applicant’s Phase 1A survey):
• #034-0071 – Rice Robinson House
• #034-0083 - Carter Hall
▪ Eligible for listing in the NRHP
▪ Located adjacent to the area of potential affect (APE)
• #034-1044 – Willow Grove
▪ Located adjacent to the area of potential affect (APE)
• #034-0007 – Kernstown Battlefield
▪ Eligible for listing in the NRHP
After reviewing the information provided, the Historic Resources Advisory Board (HRAB)
recommended approval of the CUP with the following comments:
• The buffers around the historic resources should contain a mixture of evergreen plant species
to ensure a natural appearing vegetative buffer.
• An enhanced buffer along Carter Hall should be provided; similar to the buffer surrounding
the proposed substation.
• A Phase 1 Archeological Survey will be completed as part of the permitting of this project.
This survey should document the collection of historic structures on and around this
development.
o This survey should determine if the structures onsite (Building 1 and associated
structures within survey area 2) are potentially significant.
o This survey should determine if this area would qualify as a rural historic district.
See comment letter dated June 18, 2020.
Planning and Zoning:
Utility-scale solar power generating facilities are a permitted use in the RA (Rural Areas) Zoning
District with an approved Conditional Use Permit (CUP). The Board of Supervisors added
“utility-scale solar power generating facilities” to the Zoning Ordinance on January 8, 2020,
including additional regulations for specific uses. These additional regulations further specify for
utility-scale solar power generating facilities to prepare an engineered site plan and enter into a
written agreement with Frederick County for facility decommissioning.
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CUP #05-20 – Bartonsville Energy Facility, LLC
August 13, 2020
The application proposes use of approximately 1605.05-acres of rural area property, primarily
used for agriculture, to generate 80 to 130 megawatts (MWS) or photovoltaic (solar) electricity.
Approximately 705-acres of the subject parcels will be utilized (disturbed) for the installation of
rows of ground-mounted photovoltaic modules, commonly known as solar panels, other
necessary equipment for facility operations, a transmission substation, access paths, fencing and
landscaping. The solar panels will be interconnected, and the power generated by each solar
panel will be combined, converted, and the voltage increased to allow delivery of the power to
the adjacent First Energy 138 kilovolt (KV) transmission line. The proximity of the project to the
existing transmission line was a significant factor in the selection of these properties for the
development of the facility.
A portion of the project (approximately +/- 135.9-acres) is within the limits of the Town of
Stephens City. These properties are subject to the regulations of the Town, and the project will
receive separate approvals for the use of this acreage for the proposed use. Public utilities,
including utility-scale solar power generating facilities, are a by-right use under the Town of
Stephens City Zoning Ordinance. Frederick County Staff will coordinate with the Town during
the site plan review and approval process if this CUP application is approved by the Board.
Approximately 361-acres of the project area are currently platted as rural residential subdivision
lots (lots 1-12 inclusive, Springdale Glen Subdivision and lots 1-52 inclusive, Carrollton Estates
Subdivision including dedicated right-of-way (ROW)). If this project were to be approved, the
Applicant would need to vacate (remove) the 64 platted residential lots and ROW prior to site
plan approval. The removal of these residential lots may ultimately reduce the future capital
impact to County services.
Additionally, the project as proposed does not include any batteries for the purposes of mass
storage of electricity that will eventually be transferred into the grid. Small batteries will be
utilized as backup for solar tracker motors, substation, and associated equipment.
The Zoning Ordinance requirements for “Public Utilities” including “utility-scale solar power
generating facilities” (§165-204.26) specifies the Zoning Administrator has the authority to
determine appropriate setbacks for lots. Setbacks for the solar arrays (panels) will conform to the
setback requirements contained in the Zoning Ordinance for principle uses in the RA (Rural
Areas) Zoning District (§165-401.07): 60-feet (FT) front setbacks from right-of-way streets and
roads, and side/rear setbacks of 50-FT from adjoining parcels 6-acres or less, 100-FT from
adjoining parcels of more than 6-acres, and 200-FT from Agricultural and Forestal Districts
(more than 6-acres) and orchards (regardless of size). After consultation with Staff during the
pre-development of the application, the Applicant has proposed setbacks for the solar arrays
(panels) for this project will be a minimum of 100-feet (FT) from all external roads and property
lines, and 200-FT from Agricultural and Forestal Districts.
In order to protect the viewshed and mitigate the visual impact to neighboring properties in the
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CUP #05-20 – Bartonsville Energy Facility, LLC
August 13, 2020
vicinity of the property the applicant has proposed buffering and screening around the perimeter
of the property, in addition to maintaining existing mature woodlands (where feasible), to shield
view of the facility from adjacent roadways, residences, and other agriculture uses. In addressing
viewshed concerns from a residential neighbor, the Applicant will provide an enhanced buffer
(shown as Landscape Buffer F, Sheet 4, Concept Plan) that includes a seven (7) foot earthen
berm in addition to landscape plantings.
Access to the Bartonsville Energy Facility will be limited to two (2) entrances located on
Springdale Road (Route 649) and one (1) entrance from Passage Road (Route 648). No access is
proposed from Marlboro Road (Route 631) or Middle Road (Route 628). Proposed entrances are
ultimately subject to approval by the Virginia Department of Transportation (VDOT) and will be
formally reviewed during the site plan review and approval process. The proposed setbacks,
buffers/screening and project entrances are clearly depicted on the Concept Plan prepared by
Greenway Engineering, dated August 7, 2020, and included with the CUP application.
Finally, a draft Preliminary Decommissioning Plan included with the application materials,
satisfies requirements contained in §165-204.26 of the Zoning Ordinance, ensuring that in the
event the facility is no longer in operation, the land will be returned to the pre-development
condition with all solar infrastructure and related facilities removed, ensuring future viability of
the land to resume agricultural operations. Further, proposed condition of approval #4 ensures
that Frederick County would maintain a bond that is updated every five (5) years keeping it up to
date.
The 2035 Comprehensive Plan envisions this area of the County to remain primarily rural in
nature and for agricultural land to be preserved for future generations. The project is generally
compatible with the Comprehensive Plan, with the rural character of the area, and with the
adjoining agricultural and residential uses. The preservation of the underlying land maintains the
ability for agricultural uses in the future. The proposed use is highly passive with limited noise,
odor, glare, lighting, and traffic during operations.
In addition to requirements contained in the Zoning Ordinance, the applicant will pursue a
“Permit-by-Rule” (PBR) application through the Virginia Department of Environmental Quality
(DEQ). The PBR is a state-level administrative review and approval process for the siting of
solar energy facilities in the Commonwealth, including environmental and cultural review and
study. One component of the state required PBR review is local jurisdiction “approval” of solar
project siting; this CUP application, if approved by the Frederick County Board of Supervisors,
would satisfy that requirement enabling completion of a PBR process for this project.
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CUP #05-20 – Bartonsville Energy Facility, LLC
August 13, 2020
STAFF CONCLUSIONS FOR THE 09/02/20 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) to enable construction of a 705-acre utility-
scale solar power generating facility (disturbed area) located on properties totaling
approximately 1605.5 acres.
Should the Planning Commission find this use for a utility-scale solar power generating facility
to be appropriate, Staff would suggest the following Conditions of Approval:
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 Concept Plan,
included with the CUP application, prepared by Greenway Engineering, dated August
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 Sheets 3 and 4 of
the Concept Plan, “Landscape Buffer A, B, C, D, E & F,” included with the CUP
application, prepared by Greenway Engineering, dated August 7, 2020 The landscape
buffer plantings shall be maintained in good health for the life of the project.
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 Exhibit D: Preliminary Decommissioning Plan, included with the CUP
application, prepared by Torch Clean Energy, dated May 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. This conditional use permit shall not be effective unless and until the vacations of the
Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In
addition, the approval and recordation of such vacations shall take place prior to the
approval of any site plan for the use authorized by this conditional use permit.
7. Access to the site shall be limited to two (2) entrances from Springdale Road and
one (1) entrance from Passage Road, and be in general conformance with the
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CUP #05-20 – Bartonsville Energy Facility, LLC
August 13, 2020
Concept Plan, included with the CUP application, prepared by Greenway
Engineering, dated August 7, 2020. Delivery of solar array panel construction
materials will occur at the site access entrance off of Passage Road identified as Deer
Lane on Sheet 4 of the Concept Plan. Solar array panel materials delivery laydown
area will be limited to Tax Parcel 74-A-44A (Carbaugh Property).
8. Pile-driving of poles for solar arrays during construction shall be limited to 7:00AM
to 5:00PM Monday through Friday. All other construction activities are permitted
7:00am to 7:00PM Monday through Friday and 7:00AM to 5:00PM 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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
Any recommendation for approval should also include a statement affirming that the proposed
solar facility is in substantial accord with the Comprehensive Plan.
12
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 12, 2020
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14
5
____ ____
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (check one): Property Owner _ _ Other _
NAME: Bartonsville Energy Facility, LLC Attn: Sam Gulland
ADDRESS: 230 Court Square, Suite B102, Charlottesville, VA 22902
TELEPHONE: _(703) 999 - 4280
2.Please list all owners, occupants, or parties in interest of the property:
Louis C. Carbaugh et. als; Joseph Carbaugh; Robert R. Staples; Stephen Dubois Brim, et als; Judith B. Cates,
Eleanor K. Brim
R&T Packing Corporation, APR Mini Storage LLC, William C. Staples, Wright Renovations, Inc., West Oaks Farm Market LLC
3.The property is located at: (please give exact directions and include the route number of
your road or street)
Along Passage Road and Springdale Road, west of CSX rail corridor, in Frederick County and Stephens City.
4.The property has a road frontage of feet and a depth of feet and
consists of 1,160.5 acres.
Refer to Concept Plan for road frontages and property depths.
5.The property is owned by as
evidenced by deed from (previous owner) recorded in deed book no.
on page , as recorded in the records of the Clerk of the
Circuit Court, County of Frederick.
See Attachment 1.
6.Property Identification Number (P.I.N.) 74-A-45, 74-A-44A, 74-A-4, 74-A-6C, all lots in Springdale
✔
Submittal Deadline
P/C Meeting
BOS Meeting
15
6
Glen/Carrolton Estates, 74-A-44, 74-A-35A, 74-A-20, 74-A-3, 74-A-21Magisterial District Back Creek and Opequon District
Current Zoning RA
RA Ref
16
7
7. Adjoining Property:
Refer to Sheet 2 of Concept Plan.
8. The type of use proposed is (consult with the Planning Dept. before completing):
Utility-scale solar photovoltaic facility
9. It is proposed that the following buildings will be constructed:
Grounded-mounted PV solar energy generation facilities and
interconnection facilities.
10. The following are all of the individuals, firms, or corporations owning property
adjacent to both sides and rear and in front of (across street from) the property where
the requested use will be conducted. (Continue on back if necessary.) These people
will be notified by mail of this application:
Refer to Sheet 2 of the Concept Plan.
17
8
11. Please use this page for your sketch of the property. Show proposed and/or existing
structures on the property, including measurements to all property lines.
Refer to Sheet 3 and Sheet 4 of the Concept Plan.
18
19
Attachment 1: Property Owners
Parcel Owner Record/Instrument #
74-A-45 Robert R. Staples Will Bk/Pg
112 / 111
74-A-44A Louis C. Carbaugh, Et Als 190013725
74-A-4 R&T Packing Corporation Deed Bk/Pg
543 / 543
74-A-6C Eleanor K. Brim 040023461
Lots 1 – 12, Springdale Glen Stephen D. Brim, Judith B.
Cates
100003803
Lots 1 – 52, Carrollton Estates Stephen D. Brim, Et Als 100012733
74-A-44 Joseph Carbaugh 080003967
74-A-35A APR Mini Storage LLC 050017541
74-A-20 William Staples Deed Bk/Pg
844 / 1067
74-A-3 West Oaks Farm Market
LLC
150007227
74-A-21 Wright Renovations, Inc. 190001950
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21
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23
24
25
26
27
28
29
30
31
32
33
34
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Owner Signature Page
Bartonsville Energy Facility
CUP Application Form
I (we), the undersigned, do hereby respectfully make application and petition the governing body of
Frederick County, Virginia to allow the use described in this application. I understand that the sign issued
to me when this application is submitted must be placed at the front property line at least seven (7) days
prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'
public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and Development Department to inspect
your property where the proposed use will be conducted.
Tax Map: 74-A-3
Mary Snapp
West Oaks Farm Market, LLC
Owner's Mailing Address:
229 West Oaks Lane, Winchester, VA 22602
36
August 7, 2020
Application Narrative and Statement of Intent
for
Conditional Use Permit (CUP)
230 Court Square Suite B102, Charlottesville, VA 22902
Bartonsville Energy Facility
37
2
Table of Contents
1. EXECUTIVE SUMMARY
2. DESCRIPTION OF PROPERTY
3. PROJECT OVERVIEW
FACILITY SUMMARY
CONSTRUCTION SCHEDULE
COMPLIANCE WITH COUNTY REGULATION
COORDINATION WITH STEPHENS CITY
4. ANALYSIS OF IMPACTS
VISUAL
ECOLOGICAL AND DRAINAGE
CULTURAL RESOURCES
NOISE
TRAFFIC
LIGHTING
ODORS, DUST, FUMES, VIBRATIONS
FIRE SAFETY / SECURITY
COMMUNITY OUTREACH
5. DECOMMISSIONING
LIST OF EXHIBITS
EXHIBIT A – EXECUTIVE SUMMARY SUPPORT EXHIBITS
EXHIBIT B – CONCEPT PLAN
EXHIBIT C – CULTURAL RESOURCES REPORT
EXHIBIT D – PRELIMINARY DECOMMISSIONING PLAN
38
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1. Executive Summary
Bartonsville Energy Facility, LLC, a subsidiary of Torch Clean Energy (“Torch”), requests a
Conditional Use Permit (“CUP”) to allow the construction and operation of a photovoltaic solar energy
generation facility (the “Project”) as described in this Application. The Project is proposed on the
parcels identified by Frederick County as Tax Map IDs 74-A-45, 74-A-44A, 74-A-3, 74-A-4, 74-A-6C,
as well as lots 1 through 12 of the Springdale Glen subdivision and lots 1 through 52 of the Carrollton
Estates subdivision. The Project area includes parcels that total 1,160.5 acres (the “Property”). A
maximum of 690 acres will be used for solar modules, and a maximum of 705 acres will be disturbed.
The majority of the site is located in the Back Creek Magisterial District in Frederick County and a
portion is in the Opequon Magisterial District in Stephens City.
The Project has been sited and proposed with the following considerations:
▪ The Project location was selected for its proximity to existing transmission facilities and minimal
visual impact to existing residential areas.
▪ The Project will vacate two large subdivisions on agricultural land. This will maintain the
character of the County’s rural landscape and settlement pattern.
▪ The Project has been planned and designed to avoid impacts to cultural and environmental
resources.
▪ The Project will provide clean energy that matches the electricity consumption of approximately
15,000 homes in Virginia and will help the Commonwealth meet its goals for the adoption of
clean energy.
▪ The Project will provide personal property and increased real estate taxes to the County over
the course of its life as well as injecting direct economic activity into the County during the
construction and operating periods.
If approved by the Board of Supervisors, the Project will bring economic benefits to Frederick County
with no detrimental effects on the neighboring properties or the County as a whole.
Torch Clean Energy
Torch Clean Energy is developer and owner of renewable energy generation facilities in the United
States with offices in Virginia and Colorado. We have developed solar and wind facilities, including
the Red Horse Project, a 101 Megawatt (“MW”) solar and wind hybrid project. Torch has over 500MW
of solar under development in the Commonwealth of Virginia, including the Chester Solar Technology
Park in Chesterfield County, which was permitted in September of 2019 , and the Jarratt Energy
Facility, which was permitted in March of 2020. To date, Torch has developed and financed over
$600 million of renewable energy projects through the c ountry.
39
4
2. Description of Property
The Project Property is zoned RA (Frederick County) and R1 (Stephens City) and consists of the
following parcels:
Parcels by Usage and Acreage
Parcel Acreage in
Frederick County
Acreage in
Stephens City
Zoning Use
Used for Solar Generating Equipment
74-A-45 11.00 85.55 R1 Crops
74-A-44A 0.00 40.01 R1 Crops
74-A-3 200.00 0.00 RA Crops/Event
Center
74-A-4 265.41 0.00 RA Crops /
Forested
74-A-6C 3.80 0.00 RA Crops /
Forested
Lots 1 – 12, inclusive,
Springdale Glen
53.20 0.00 RA Crops / Orchard
Lots 1 – 52, inclusive,
Carrollton Estates
307.90 0.00 RA Crops / Orchard
Used for Generation-Tie Line and Interconnection Facilities
74-A-44 2.93 6.88 R1 Residence
74-A-35A 18.00 0.00 RA Crops
74-A-20 162.0 0.00 RA Crops
74-A-21 0 3.52 R1 Vacant
The Carrollton Estates subdivision contains 52 parcels and the Springdale Glen subdivision contains
12 parcels. Prior to the approval of the Site Plan, each of these subdivisions will be vacated.
As noted and highlighted above, Parcels 74-A-44A, 74-A-44, 74-A-45, and 74-A-21 contain a total of
135.96 acres in Stephens City. These properties are subject to the regulations of the Town, and the
Project will receive separate approvals for the use of this land. The entirety of the Project is shown in
this application for clarity.
The Property is located approximately 1.2 miles west of I-81 and Stephens City, and comprises
agricultural fields, orchards, and forest stands. The surrounding properties are primarily rural
residences, farmland, and forested areas. An existing FirstEnergy 138 kV transmission line runs less
than one mile to the east of the Project site, adjacent to the railroad corridor and industrial district
flanking Stephens City. This transmission line runs between the Bartonville and Meadowbrook
substations.
40
5
Article IV of the Frederick County Zoning Ordinance permits utility-scale solar facilities in the RA
district with a CUP. The Applicant requests a CUP to allow the construction and operation of the
Project on the Property.
3. Project Overview
Facility Summary
The Bartonsville Energy Facility will produce over 180,000 megawatt-hours of clean energy in its first
year of operation, which represents the energy consumption of approximately 1 5,000 homes. The
Project will generate electricity from photovoltaic solar modules that will be attached to a racking
supported by driven posts. Single-axis trackers will be used to follow the sun from East to West and
increase the efficiency of the Project. A series of central inverters will be used to convert the electricity
from direct current to alternating current. The Project will interconnect to a FirstEnergy 138-kilovolt
transmission line adjacent to the CSX railroad corridor. The Project substation and switching station
will be built on parcels 74-A-20 and 74-A-21, and will be linked to the Project site via a 34.5kV
distribution voltage Generation-Tie line that will run along an easement corridor crossing parcels 74-
A-20, 74-A-35A, and 74-A-44. This Generation-Tie line will be underground. No new transmission-
voltage lines will be built for the Project.
The Project will not use grid-scale energy storage. Batteries will not be used, except for small backup
batteries for the solar tracker motors, substation, and associated equipment.
The Project will be developed generally as depicted on Exhibit B, the Concept Plan, as included with
this Application. The Concept Plan provides a map of the solar array area, the proposed point of
interconnection with the transmission system, vegetative buffer zones, perimeter fencing, access
points, and other features of the Project.
As shown on the Concept Plan, three points of access are proposed, two of which will be from
Springdale Road (Route 649). An entrance to the northern section of the Project will be located
approximately 0.75 miles east of the intersection with Germany Road (Route 625), and an entrance
to the southern portion will follow Carrollton Lane. A third, southeastern access will be on Passage
Road (Route 648), approximately 0.3 miles from the intersection with Marlboro Road.
Construction Schedule
The construction of the Project is estimated to take approximately 1 2 months to achieve substantial
completion. The first phase of the Project will be civil works, such as area-specific grading, in order
to prepare for the installation of the solar equipment. The second phase will consist of the mechanical
and electrical installation of the solar equipment . The final phase is the testing of the facility and the
energization.
Phase 1 –Site Preparation and Civil Work: 3-6 Months
Phase 2 - Mechanical and Electrical Installation: 4-6 Months
41
6
Phase 3 – Facility Testing and Energization: 3 Months
Overlap between the first two phases is expected, subject to the final construction schedule.
Additionally, construction of the interconnection facilities by FirstEnergy will span all three phases of
construction.
Compliance with County Regulation
The Applicant completed a Pre-Application meeting with Frederick County Planning and has gathered
and addressed feedback from required County agencies. The Applicant conferred with the County
Historic Resources Advisory Board to discuss historical and cultural resources in the County.
Additional CUP materials have been compiled according to the County Zoning Ordina nce and
Planning process guidelines.
Coordination with Stephens City
The Applicant is working concurrently with Stephens City to permit the portion of the Project that
falls within the Town. This Application requests a CUP for the County portion of the P roject but
shows the entirety of the Project for clarity.
4. Analysis of Impacts
Pursuant to Chapter 165, Part 103 of the Zoning Ordinance, a CUP may be granted where the Board
of Supervisors finds that (i) the proposed use is in accordance with the policies expressed in the
Comprehensive Plan of the County, and (ii) the proposed use is in harmony and shall not adversely
affect the use and enjoyment of surrounding properties (§ 165-103.02).
The Project is supported by the 2035 Comprehensive goals. In particular, the Plan seeks to cluster
residential development in appropriate locations and support the agricultural economy and allow
residents to harness new opportunities. The Project will vacate two large subdivisions in the
Agricultural district and allow residents to harness a new technology that constitutes a safe, passive,
and temporary use of the land.
In accordance with the criteria set forth in the Zoning Ordinance for CUP approval, the proposed
Project will not adversely affect the health, safety, or welfare of persons residing or working in the
neighborhood of the proposed use and will not be detrimental to public welfare or injurious to the
Property or improvements in the neighborhood. As a passive use located in a Rural district, the Project
will not be detrimental to, or substantively change, the character of the surrounding area.
The proposed Project will not cause any increase in demand for County services. It will have minimal
impacts on drainage and erosion and will not require the use of local water or sewer utilities. Erosion
and sediment controls and permanent stormwater management facilities will be provided as part of
the Project to the extent required by app licable laws. The Project will not significantly increase traffic
42
7
in the area, and no public road improvements will be required for the construction or servicing of the
Project.
The effects of the Project are evaluated as follows:
Visual
Along the perimeter of the Property, a setback from the Property line to solar generating equipment
shall be used. Within this setback, a buffer consisting of new and/or existing vegetation will be used
to screen the Project, as outlined below and shown in Exhibit B. The setback from external roads
and property lines will generally be 100 feet, with the fence installed between 75 and 100 feet from
the property lines. These setbacks shall not apply to the undergound Generation Tie -Line or the
interconnection facilities.
The most traveled routes near the Project are Middle Road, to the north, and Marlboro road, to the
south. The Project has no frontage on either of these routes , except for the underground distribution
voltage Generation-Tie line crossing occurring near the intersection of Marlboro Road and Passage
Lane. The Project has approximately 0.25 miles of frontage along Passage Road and 0.85 miles of
frontage along Springdale Road.
The Landscaping Plan will minimize visual impacts to surrounding properties and rights-of-way by
maintaining and enhancing existing tree lines and vegetative buffers, while providing for new plantings
in targeted areas. Specifically, the Project will do the following:
▪ Maintain existing tree lines along western and southern boundaries of the Carrollton Estates
and Springdale Glen property;
▪ Use existing topography to ensure that the Project is not visible from Middle Road;
▪ Plant new vegetative buffers on the southern side of parcel 74-A-45, along Springdale Road;
and along a property line to the north of Springdale Road.
This plan is depicted in Exhibit B.
Ecological and Drainage
Wetlands will be delineated and avoided in the construction of the Project. Additionally, the Project
will complete thorough consultation with the Department of Environmental Quality as part of the
“Permit by Rule” process for renewable energy facilities.
The Project will submit Erosion and Sediment Control and Stormwater Management plans prior to the
issuance of the building permit when the design is nearly complete. Because the racking system uses
driven posts for structural support, changes to the impervious surface will be limited to inverter and
transformer pads, access roads, and interconnection equipment . These uses constitute a small
percentage of the total project area. The Project will be designed to minimize stormwater impacts and
accommodate existing topography to the extent possible.
43
8
Cultural Resources
The Project has undergone an archeological and architectural study in accordance with County
regulations and will not directly impact any identified landmarks. Cultural and historical resources in
the vicinity of the Project are described in Exhibit C. Additionally, the Project will require concurrence
from the Department of Historic Resources as part of the “Permit by Rule” process for renewable
energy facilities.
Noise
Once operational, the Project will not be audible to adjacent landowners. Construction activities will
generally be limited to daylight hours, with pile driving work scheduled for daylight hours between
Monday and Saturday.
Traffic
General construction traffic will use the Project’s three access points on Springdale Road and
Passage Road and will use the Project’s internal road network to move around the site. General
construction traffic consists of personal vehicles (e.g. pickup trucks) carrying passengers, tools, and
minor equipment to and around the Project site. Due to the proximity of the Project to I -81 and the
existing road network, there will be little impact to current traffic.
Component deliveries (e.g. solar panels, inverters, concrete trucks, construction equipment, etc.)
will primarily access the site from I-81, Marlboro Road, and Passage Road. The laydown area for
solar array deliveries will be on Parcel 74-A-44A. A separate laydown area for the Project
Interconnection will be on Parcels 74-A-20 and 74-A-21, which will be accessed from Marlboro
Road.
Operations and Maintenance for the Project will not measurably increase vehicular traffic.
Lighting
Except for minimal safety and security lighting in a few locations, the Project will not be lit. Any
installed lighting will comply with applicable County ordinances.
Odors, Dust, Fumes, Vibrations
The Project will not generate air emissions. Once operational, no odors, trash, or recycled materials
will be produced. No fuel or fuel storage and no outside storage will be needed on the Project after
construction is completed. There will be no impact on water or air quality.
Fire Safety / Security
The Project will not pose increased security or safety risks or fire hazards. Once the Project is
constructed, a permanent perimeter/boundary fence will enclose the solar panels. The fence will have
a minimum height of six (6) feet. The fence will be posted with security signage along with contact
information for a 24-hour manned communication system.
The three site entrances and internal road network will provide access to every part of the Project.
44
9
The Project will be monitored remotely on a 24/7 basis. The Operations Team will have the ability to
remotely de-energize the Project if necessary and immediately contact and coordinate with the
appropriate local fire and EMS personnel. Training will be pr ovided to local fire and EMS on
FirstEnergy emergency procedures and notification in case of emergency.
Community Outreach
During the last nine months, the Applicant has met with landowners in the vicinity of the Project site,
including residents and owners of businesses. These meetings have influenced the Project’s
Conceptual Plan, particularly with respect to the buffer planting and use of existing topography to
screen the Project from view.
5. Decommissioning
The Code of the Commonwealth of Virginia requires the owner, lessee, or developer of a solar project
to enter into a written agreement to decommission the project prior to the issuance of a site plan . To
support this application, the Applicant has provided Exhibit D, the Preliminary Decommissioning
Plan.
Prior to the issuance of the Site Plan, a Decommissioning Cost Estimate and means of financial
security will be provided in accordance with Exhibit D and Virginia Code.
45
1
CO
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AS SHOWN
OPEQUON/ BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY & TOWN OF STEPHENS CITY, VIRGINIA
VICINITY MAP
SCALE: 1" 2000'
APR MINI STORAGE, LLC - 127 MERCEDES COURT
WINCHESTER, VA 22603
STEVEN D. BRIM, ET ALS - 254 W. QUEEN STREET
STRASBURG, VA 22657
ELEANOR K. BRIM - 4125 32ND AVE SW
SEATTLE, WA 98126
JUDITH B. CATES - 102 FOREST VALLEY ROAD
WINCHESTER, VA 22602
WEST OAKS FARM MARKET LLC - 229 W OAKS LN
WINCHESTER, VA 22602
LOUIS C. CARBAUGH, ET ALS - 5140 PASSAGE LANE
STEPHENS CITY, VA 22655
R & T PACKING CORPORATION - 1835 VALLEY AVENUE
WINCHESTER, VA 22601
CHARLES W. STAPLES - P.O. BOX 986
STEPHENS CITY, VA 22655
ROBERT R. STAPLES - 1708 TUNBRIDGE DRIVE
RICHMOND, VA 23238
WRIGHT RENOVATIONS INC - 124 PAGE CT
WHITE POST, VA 22663
DEVELOPER
TORCH CLEAN ENERGY
230 COURT SQUARE SUITE B102
CHARLOTTESVILLE, VA 22902
(703) 999-4280
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Plan Revisions
Date Comment
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LIST OF SERVICES: CIVIL ENGINEERING I GIS I LAND SURVEYING I ENVIRONMENTAL I ANALYTICAL LABORATORY I QUALITY CONTROL TESTING & INSPECTIONS
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BARTONSVILLE ENERGY FACILITY
OWNERS
46
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151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662-4185
Fax: (540) 722-9528
www.greenwayeng.com
FND 1971
E N G I N E E R I N G
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PROUDLY SERVING VIRGINIA & WEST VIRGINIA
OFFICES IN: WINCHESTER, VA & MARTINSBURG, WV
1
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PROJECT AREA
OPEQUON/ BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY & TOWN OF STEPHENS CITY, VIRGINIA
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GENERAL PROJECT NOTESBARTONSVILLE ENERGY FACILITY: 80-130MW SOLAR PROJECT 34.5kV GENERATION TIE LINE PROJECT SUBSTATION/SWITCHING S
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ACREAGE/ZONING: FREDERICK COUNTY 1010.30± AC./RA DISTRICT TOWN OF STEPHENS CITY 149.89± AC./R1 DISTRICTMAGISTERIAL DISTRICT: BACK CREEK DISTRICT & OPEQUON DISTRICTEXISTING LAND USE: AGRICULTURAL & RESIDENTIALPROJECT DEVELOPMENT NOTES1.SOLAR ARRAY DEVELOPMENT LIMITS WILL CONSIST OF GROUND-MOUNTE
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MODULES AND CENTRAL INVERTERS2.SOLAR ARRAY DEVELOPMENT LIMITS WILL BE SETBACK 100' FROM EXTER
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PROPERTY LINES3.A 6' HIGH SECURITY FENCE WITH SECURITY SIGNAGE/24-HOUR CONTACT I
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EXTERNAL ROADS AND PROPERTY LINES4.MINIMAL SAFETY AND SECURITY LIGHTING WILL BE INSTALLED WITH LOCA
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SPECIFICATIONS PROVIDED ON SITE PLAN5.CONSTRUCTION SEDIMENT PONDS AND PERMANENT STORMWATER MANA
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151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662-4185
Fax: (540) 722-9528
www.greenwayeng.com
FND 1971
E N G I N E E R I N G
S
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PROUDLY SERVING VIRGINIA & WEST VIRGINIA
OFFICES IN: WINCHESTER, VA & MARTINSBURG, WV
1
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CONCEPT DEVELOPMENT PLAN
OPEQUON/ BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY & TOWN OF STEPHENS CITY, VIRGINIA
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LEGENDPROJECT AREAPARCELSLANDSCAPE BUFFER AREASTREAMSWATER/PONDS X SOLAR ARRAY DEVELOPMENTLIMITS/SECURITY FENCENWI WETLANDS PROPOSED ACCESS ROADS100 YR FLOODPLAIN SOLAR ARRAY AREA PROPOSED SITE ENTRANCEEXISTING VEGETATION/TREELINE INTERCONNECTION PARCELS TYP
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151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662-4185
Fax: (540) 722-9528
www.greenwayeng.com
FND 1971
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PROUDLY SERVING VIRGINIA & WEST VIRGINIA
OFFICES IN: WINCHESTER, VA & MARTINSBURG, WV
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CONCEPT DEVELOPMENT PLAN
OPEQUON/ BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY & TOWN OF STEPHENS CITY, VIRGINIA
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LANDSCAPE BUFFER "D" & "E"LANDSCAPE BUFFER "D" & "E"not to scale DESCRIPTION :PROVIDE DOUBLE ROW OF EVERGREEN TREES ALONG PROPERTY LINE LANDSCAPE BUFFER "D" & "E"100' PROPERTY BOUNDARY 100' SOLAR ARRAY DEVELOPMENT LIMITS15' OC 1.EVERGREEN TREES TO BE APPROXIMATELY 6' HEIGHT AT PLANTING 2.SPECIES, QUANTITIES AND PLANTING SPECIFICATIONS OF EVERGREENTREES TO BE PROVIDED ON SITE PLANLANDSCAPE BUFFER "F"LANDSCAPE BUFFER "F"not to scale DESCRIPTION :PROVIDE EARTH BERM AND DOUBLE ROW OF EVERGREEN TREES ALONG PROPERTY LINE LANDSCAPE BUFFER "F"PROPERTY BOUNDARY 100' SOLAR ARRAY DEVELOPMENT LIMITS15' OC 1.EVERGREEN TREES TO BE APPROXIMATELY 6' HEIGHT AT PLANTING 2.SPECIES, QUANTITIES AND PLANTING SPECIFICATIONS OF EVERGREENTREES TO BE PROVIDED ON SITE PLAN3.7' AVERAGE HEIGHT EARTH BERM TO BE CONSTRUCTED ALONG ENTIRELENGTH OF ADJOINING PROPERTY LINE
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[Type text] [Type text] [Type text] 1
Exhibit D: Preliminary Decommissioning Plan
May 2020
Bartonsville Energy Facility
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Table of Contents
1. INTRODUCTION
2. DECOMMISSIONING OF SOLAR FACILITY
EQUIPMENT DISMANTLING AND REMOVAL
SITE RESTORATION
MANAGING EXCESS MATERIALS AND WASTE
3. PROVISION OF DECOMMISSIONING COST ESTIMATE
4. PROVISION OF FINANCIAL SECURITY
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1. Introduction
Article 6 of Chapter 22 of the Code of Virginia (§ 15.2 -2241.2) requires that the owner, lessee, or
developer of real property for a solar project enter into a written agreement to decommission the
project prior to the approval of the Site Plan. Bartonsvil le Energy Facility, LLC (“the Owner”) submits
this Decommissioning Plan (the “Plan”) to provide clarity on the methods and process of
decommissioning the Bartonsville Energy Facility (“the Project”). The Plan shall be finalized prior to
the approval of the Site Plan and shall be binding on each successor and assignee of the Owner.
The Project is planned on parcels that total 957 acres, with a maximum of 595 disturbed acres. The
majority of the site is located in the Back Creek Magisterial District in Frederick County and a portion
is in the Opequon Magisterial District in Stephens City. The Project will interconnect to the FirstEnergy
138kV Bartonsville-Meadowbrook transmission line.
The Project is expected to operate for a minimum of 30 years, based on th e useful life of the
equipment and the warrantees that guarantee that equipment. The Plan describes the approach for
removal of the Project and land restoration activities. These measures shall be taken upon the end
of the useful life of the Project, or if the Project or any portion thereof ceases to perform its intended
function for more than twelve (12) consecutive months.
2. Decommissioning of Solar Facility
The Owner shall arrange for and be responsible for the decommissioning of the Project, including the
following:
Equipment Dismantling and Removal
Many of the Project’s components are largely composed of recyclable materials, including glass
semiconductor material, steel, and wiring. When the project reaches the end of its operational life,
reusable and recyclable parts will be dismantled, removed from the site, and transported to reuse or
recycling facilities. All waste resulting from the decommissioning of the facility will be transported by
a certified and licensed contractor and taken to a landfill facility.
Above-ground Structure Decommissioning
Solar Panel Arrays and Project Substation:
▪ De-energize and disconnect the Project from the utility power grid;
▪ Disconnect all above ground wirings, cables, fuses and electrical and protection
components and reuse or recycle off‐site by an approved facility;
▪ Remove concrete foundations of inverter and transformer pads
▪ Remove PV modules and metallic structures and ship to reuse or recycling facilities
for aftermarket use or recycling and material reuse;
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▪ Remove all waste;
▪ Remove the perimeter fence and recycle off‐site by an approved metal recycler.
▪ Remove inverters, transformers, meters, fans, lighting fixture and other electrical
components and recycle off‐site by an approved recycler;
Access Roads:
▪ Consult with landowner (if applicable) to determine if any access roads should be
left in place for their continued use.
▪ If access road is deemed unnecessary, remove access road, and restore access
road location as practicable to its previous condition with native soils and seeding.
Below-ground Structure Decommissioning
▪ Disconnect all underground cables and transmission lines and remove and recycle
off‐site by an approved recycling facility;
▪ Remove all PV panel racking below and above ground, including the steel pile
foundations
This Plan is based on current best industry practices and procedures. These practices
may be subject to revision based on the development of new and improved
decommissioning practices in the future.
Site Restoration
The Owner will develop a comprehensive restoration plan designed to restore the site so it can be
returned to its previous use. Restoration will include the following:
▪ Redistribution of topsoil, if necessary, to provide similar ground cover as was present
prior to the site disturbance.
▪ De-compacting of access roads and other areas where soils have been compacted.
Where Project infrastructure has been removed, disturbed areas will be seeded with a quick growing
native species to prevent topsoil erosion. Erosion and control measures will be installed at ditches
and will be left in place until ground cover is fully established.
Watercourses
Within the project location there are no water bodies (i.e., permanent watercourses,
intermittent watercourses, seepage areas or lakes). As no water bodies are present and the
renewable energy facility does not release emissions which could pollute the air and water
bodies, no impact to aquatic environment is expected. As a result, no restoration of water
bodies, either during construction or decommissioning is planned.
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Agricultural Lands
Once all Project facilities are removed, agricultural and silvicultural lands compacted during
project operation (such as access roads) will be de-compacted via tilling, plowing or subsoiling
and affected areas will be seeded with native grass species.
Similar to the construction phase, soil erosion and sedimentation control measures will be re
implemented during the decommissioning period and until the site is stabilized in order to
mitigate erosion and silt/sediment runoff.
Access roads will be left at landowner's requests or graded to restore terrain profiles (to the
extent practicable) and vegetated. If removed, filter fabric will be bundled and disposed of in
accordance with all applicable regulations. As necessary, these areas will be backfilled and
restored to meet existing grade. This material may come from existing long‐term berm or
stockpile.
Managing Excess Materials and Waste
During the decommissioning phase, waste materials will be removed in accordance with applicable
local regulations. It is the goal of the Owner to reuse and recycle materials to the extent practicable
and to work with local subcontractors and waste firms to segregate material to be recycled. As an
example, it is anticipated that nearly 100% of the above grade metal is salvageable based on current
industry practices and trends.
Many components of the Project are reusable or recyclable and have salvage value. The Owner will
manage decommissioning to minimize, to the extent practicable, the volume of project components
and materials discarded as waste. Table 1 below outlines the anticipated disposition methods of the
different project components.
Table 1
Anticipated Project Decommissioning Disposition Methods
Concrete Foundations Crush and recycle
Solar Panels Reuse or recycle
Metal racks and mounts Salvage/recycle
Steel piles and rack foundations Salvage/recycle
Wiring and cabling Recycle/salvage
Inverters, transformers, and breakers Salvage/recycle/reuse
Granular material Reuse/dispose
Fence steel Salvage/recycle
Project Substation Controls Dispose/reuse
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Major pieces of equipment such as transformers and breakers are recyclable and reusable and will
have significant market value. The solar panels are expected to retain over 80% of their generation
capability after 30 years of operation and the potential for re-use is high. Existing solar panel
manufacturers have programs to buy and salvage panels. These programs extract the raw materials
in the panels to make new panels at a significant discount from new material costs. Recycled
materials include the semiconductor and glass. Other components such as electrical cable have a
high salvage-market value due to their copper and aluminum content. The same is true for the steel
and aluminum racks and foundations that support the solar panels.
3. Provision of Decommissioning Cost Estimate
Prior to site plan approval for installation of the Project, the Owner shall provide a Decommissioning
Cost Estimate, as determined by a Virginia Licensed Engineer . The Decommissioning Cost Estimate
shall be the gross estimated cost of performing the Decommissioning and associated administrative
costs, minus 90% of the estimated resale and salvage value of Project equipment. The Estimate will
be updated every fifth (5th) year throughout the life of the project.
4. Provision of Financial Security
Pursuant to Article 6 of Chapter 22 of the Code of Virginia and County regulation, the Owner shall
provide financial security in the form of “certified funds, cash escrow, bond, letter of credit, or parent
guarantee” (§ 15.2-2241.2) for removal of the Facility, amounting to the Decommissioning Cost
Estimate as determined. Financial security shall be provided prior to the commencement of
Commercial Operations. If the Facility is owned by a public utility company or an independent power
producer with an investment grade credit rating with Moody’s of Standard and Poor’s, no financial
security shall be required.
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
June 18, 2020
Evan Wyatt
Greenway Engineering
151 Windy Hill Ln
Winchester, Virginia 22602
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Conditional Use Permit – the Bartonsville Energy Facility – Utility Scale Solar Project
Zoning: RA (Rural Areas) District
Magisterial District: Back Creek
Dear Mr. Wyatt:
The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced
Conditional Use Permit application during their meeting on June 16, 2020. The HRAB reviewed
information from the Virginia Department of Historic Resources (VDH R) and information
provided by the Applicant. This application seeks to construct a utility scale solar project located
on 68 parcels of land that total 957 acres. The project will consist of rows of ground-mounted
photovoltaic modules, commonly known as solar panels. The site is located along Passage Road
and Springdale Road, west of the CSX corridor and the Town of Stephens City.
Historic Resources Advisory Board Comments:
The following historic resources are located on the subject site:
• #034-1078 Cherry Dale (Mary Stephens House) – located on site – 74-A-20
▪ Eligible for listing in the National Register of Historic Places (NRHP)
• Survey Area 2 has a structure (labeled building 1) that is not mapped.
o Building 1 is located in the southern portion of the APE and consists of a series of
collapsed buildings. Investigators did identify a potential residence, barn, and
several collapsed outbuildings. The property is in the relative mapped location of
the building attributed to R. R. Turner on the 1885 atlas (see Figure 13). No
evidence of the adjacent building depicted on the early twentieth century
quadrangles was noted during the reconnaissance. (Phase 1A survey - see page
22 for text and appendix C for photograph).
The following historic resources are located adjacent or within the vicinity of the subject
site (buffer area as described in the Applicant’s Phase 1A survey):
63
Historic Resources Advisory Board
CUP Comments – Bartonsville Energy Facility
June 18, 2020
Page 2
• #034-0071 – Rice Robinson House
• #034-0083 - Carter Hall
▪ Eligible for listing in the NRHP
▪ Located adjacent to the area of potential affect (APE)
• #034-1044 – Willow Grove
▪ Located adjacent to the area of potential affect (APE)
• #034-0007 – Kernstown Battlefield
▪ Eligible for listing in the NRHP
After reviewing the information provided, the Historic Resources Advisory Board (HRAB)
recommended approval of the CUP with the following comments:
• The buffers around the historic resources should contain a mixture of evergreen plant
species to ensure a natural appearing vegetative buffer.
• An enhanced buffer along Carter Hall should be provided; similar to the buffer
surrounding the proposed substation.
• A Phase 1 Archeological Survey will be completed as part of the permitting of this
project. This survey should document the collection of historic structures on and
around this development.
o This survey should determine if the structures onsite (Building 1 and
associated structures within survey area 2) are potentially significant.
o This survey should determine if this area would qualify as a rural historic
district.
Thank you for the chance to comment on this application. Please call if you have any
questions or concerns.
Sincerely,
Candice E. Perkins, AICP, CZA,
Assistant Director
CEP/pd
cc: Chris Oldman, HRBA Chairman,
Tyler Klein
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Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcv a.u s
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
West Oaks Farm Market, LLC / Joseph Snapp
Name of Property Owner/Applicant
Please note : If the property owner/applicant is an enti ty, the name of the entity should appear above.
If multiple persons own t he property or are appl ican ts, an execu ted power of attorney from each owne r will be needed .
229 West Oaks Lane, Winchester, VA 22602
Mailing Address of Property Owner/Applicant Telephone Number
as owner of, or applicant with respect to, the tract(s) or parcel(s) ofland in Frederick County,
Virginia, identified by following property identification numbers:
74-A-3
do hereby make, constitute, and appoint:
Sam Gulland and Scott Leach, or either of them
Name of Attorney-In-Fact
Bartonsville Energy Facility, LLC, 230 Court Square Suite B102, Charlottesville, VA 22902
Mailing Address of Attorney-In-Fact
703-999-4280
Telephone Number
to act as my true and lawful attorney-in-fact for and in my name, place, and stead, with the same
full power and authority I would have if acting personally, to file and act on my behalf with respect
to appli~tion with Frederick County, Virginia for the following, for the above identified property:
Rezoning D Subdivision
✓ Conditional Use Permit [Z] Site Plan
Master Development Plan (prelim. or final) D Variance or Zoning Appeal
and, further, my attorney-in-fact shall have the authority to offer proffered conditions and tQ Q>ake . ,
amendments to previously approved proffered conditions except as follows: · ~ ~Nf,' ''tr
,'<
None. '< pu1,l.1
. 1,:1:.G-ii-.
This appointment shall expire one year from the day that it is signed, or at such sooner ti_me as~3\i~~,-20 ,
otherwise rescind or modify it. -~:; ~0 /!)lf .,-.r-
•:,,: " ("'\ ~ ~)'V
Signature .le>xrzL IL r..,loc'f¥2 ,,
1
lrvt:AL''·' .,
Title (if sig&n behalf of an entity) 1111 r 11' ·
State of V ; % 1 a ,~ 0-, County/City of [e,,:e,d,-R._£' 1' LD:¾ , To wit:
I, L CLu.. c <:,.... f\ t=\-,' ch,s , a Notary Public in and for the jurisdiction aforesaid, certify that
the person who signed the foregoing instrument personally appeare~before me and has acknowledged the
sarn:.,fore me in the jurisdiction a~oresaid this 'j <fh.....day of ,l_j_4.<lpi)j , 2Qi) ~f QI&,(>--~. st 1 c:J/1'..J My Commission Expires: ,o / 3 1 bo ao
otary Public Registration Number: 'l (o 8 '8 d 4}~
96
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva .us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
West Oaks Farm Market, LLC / Mary Snapp
Name of Property Owner/Applicant
Please note: If the property 0\\7ler/applicant is an entity, the name of the entity should appear above.
If multiple persons own the property or are applicants, an executed power of attorney rrom each owner will be needed.
229 West Oaks Lane, Winchester, VA 22602
Mailing Address of Property Owner/ Applicant Telephone Number
as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County,
Virginia, identified by following property identification numbers:
74-A-3
do hereby make, constitute, and appoint:
Greenway Engineering, Inc.
Name of Attorney-In-Fact
151 Windy Hill Lane, Winchester, VA 22602 540-662-4185
Mailing Address of Attorney-In-Fact Telephone Number
to act as my true and lawful attorney-in-fact for and in my name, place, and stead, with the same
full power and authority I would have if acting personally, to file and act on my behalf with respect
to appli~tion with Frederick County, Virginia for the following, for the above identified property:
Rezoning O Subdivision
✓ Conditional Use Permit [Z] Site Plan
Master Development Plan (prelim. or final) D Variance or Zoninf\~1w,J
and, further, my attorney-in-fact shall have the authority to offer proffered conditio~'~'r,t,W~e-//
amendments to previously approved proffered conditions except as follows: ~'~~····· .. ····· .. 7°,si "'~
2 S./ ~R'< P\)81.IC \. 2-:.
None. :: : t,l()'T 0 EG-# •• -------------------------------=~+·----n1~~266 :z=
-(') : ~ .... 15S10l>I : ;;;_ = -Q · Cv-"' fl.ES • ...,_
This appointment shall expire one year from the day that it is signed, or at such ~~~r ti..M~_o-f·fff
otherwise rescind or modify it. ~,.. ~o·· .... io/31':::···[<. .... ~
,,,,/✓,twiAL1~,~,,,'
Signature ~!)., 1,,,,,,,,11'
Title (if si~ onbeha1f of anenity) ______________________ _
State of V,• f!b1Y\;; CL , County/City of (RR d~<'\' c}S , To wit:
I, lOJ.L<'Q,_ A • \,k-'cJ::\ S , a Notary Public in and for the jurisdiction aforesaid, certify that
the person who signed the foregoing instrument personally appeared before me and has acknowledged the
v fore me in the jurisdiction aforesaid this Ll~day of ~ •.S } , 20~
---.....,,1Ll.,!l.e.,.,~ · \J..,,t..!)..y--__) My Commission Expires: \0 Ii I l~o~o
Notary Public Registration Number: ?+ CoE) l..{'~le"2
97
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 2 2601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
West Oaks Farm Market, LLC / Mary Snapp
Name of Property Owner/Applicant
Please note: lfthe property owner/applicant is an entity, the name of the entity should appear above.
If multiple persons own the property or are applicants, an executed power of attorney from eac h owner will be needed.
229 West Oaks Lane, Winchester, VA 22602
Mailing Address of Property Owner/Applicant Telephone Number
as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County,
Virginia, identified by following property identification numbers:
74 -A-3
do hereby make, constitute, and appoint:
Sam Gulland and Scott Leach, or either of them
Name of Attomey-ln-Fact
Bartonsville Energy Facility, LLC, 230 Court Square Suite 8102, Charlottesville, VA 22902
Mailing Address of Attorney-In-Fact
703-999-4280
Telephone Number
to act as my true and lawful attorney-in -fact for and in my name, place, and stead, with the same
full power and authority I would have if acting personally, to file and act on my behalf with respect
to appli§tion with Frederick County, Virginia for the following, for the above identified property:
Rezoning D Subdivision
✓ Conditional Use Permit !ZJ Site Plan
Master Development Plan (prelim. or final) O Variance or Zoning Appeal
and, further, my attorney-in-fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
None.
This appointment shall expire one year from the day that it is signed, or at such sooner ,tJm®'''',,,
othenvise rescind or modify it. ,,~~""#_ ....... f!tc,::,,,,
,, v .. • ··. ·1.n ,..,.. .... s . . . ,,,. ,,
Signature ~ !) J:"'¥/1 [ /~oT~"1;'"'-'0 ·-. ___ };_
Title (if si ~on behalf of an entity) :: O : 7=9.. i z:: -o. co ·--v ,--d c...K :: ~ ·.. ~~.~..:c ... (!);:
State of : 'b 1YI 1k,_ , County/City of \l-A,9 ~•--O .... f \~ ~,..,~0.:,vi~ ./S-~
/\ l ( I ,..,.._/11,i· .......... ···o« ,,,'
I, Lo .. J ,A.<'u.... v~ ' ~' ~s , a Notary Public in and for the jurisdiction aforesa(d(/Q ~~~,,
the person who signed the foregoing instrument personally appeare before me and has ac.knowle ge~ the
same before me in the J. urisdiction aforesaid this I---\ ""-day of_--1......J'--""''°I"'-'~--' 20ol) ~ -, · &.u..\4..-'t , ~ \ c1/ ,:_, My Commission Expiresc ~O b:Jtc:,;;,O
' Notary Public Registration Number: '":\Co 8fa n (p
98
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fc va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
West Oaks Farm Market, LLC / Joseph Snapp
Name of Property Owner/ Applicant
Please note : If the property owner/apphcant is an entity, the name of the entity should appear above ,
If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed.
229 West Oaks Lane, Winchester, VA 22602
Mailing Address of Property Owner/Applicant Telephone Number
as owner of, or applicant with respect to, the tract(s) or parcel(s) ofland in Frederick County,
Virginia, identified by following property identification numbers:
74-A-3
do hereby make, constitute, and appoint:
Greenway Engineering, Inc.
Name of Anomey-ln-Fact
151 Windy Hill Lane, Winchester. VA 22602 540-662-4185
Mailing Address of Attorney-In-Fact Telephone Number
to act as my true and lawful attorney-in-fact for and in my name, place, and stead, with the same
full power and authority I would have if acting personally, to file and act on my behalf with respect
to appli~tion with Frederick County, Virginia for the following , for the above identified property:
Rezoning D Subdivision
✓ Conditional Use Permit 1Z] Site Plan
Master Development Plan (prelim. or final) • Variance or Zoning Appeal
and, further, my attorney-in-fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
None.
This appointment shall expire one year from the day that it is signed, or at such sooner time ~'lp_HN'~;.''1,11
otherwise rescind or modify it. ~ .... ,~~··· .. ·······~-i""I.,.,
:::: ~,.. _ ..... c··.
--1 -/ 7' r;.,,.. ALJ -✓;~1~'(~ •. ,., Signature v--,-. /./• ,I,..~ = : REGJo ·: ::
Title (ifsiinonbehalfofan entity) = o: 7~ss1ot-1 : = .. 0 ·. co~~~..,,..,: = --.. r-\ {\' ~~---. ,~/ 2
State of \ f 1' C{(j 1):::) 1 0-..... , County/City of 1J:>A s, d, o "· ,:( JS, • To ~o··... ./~ S, V \ .,.,~• ....... •·o ,
I, \c{}._\.J., f'~ ~ \.J .1 C: %S . a Notary Public in and for the jurisdiction aforesaid, ce~(f~,~~~ ~~,,,,,'
the person who signed the foregoing instrument personally appeared before me and has acknowledged the
same before me in the jurisdiction aforesaid this lj 'tl.-day of A, ,[)1 ,,S:t . 20;;:D
'i]-11, &,.,10--~, & ~/~ My Commission Expires: '() I :) \ ) ~o~'t)
Notary Public Registration Number: '3 lo 8 ~,.:;) ~ C,f)
99
Draft Rev. 9/1/2020
CUP #05-20 – Bartonsville Energy Facility, LLC
Conditions of Approval
Should the Planning Commission find this use for a utility-scale solar power generating facility
to be appropriate, Staff would suggest the following Conditions of Approval:
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 Concept Plan,
included with the CUP application, prepared by Greenway Engineering, dated August
28, 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 Sheets 3 and 4 of
the Concept Plan, “Landscape Buffer A, B, C, D, E & F,” included with the CUP
application, prepared by Greenway Engineering, dated August 28, 2020. The
landscape buffer plantings shall be maintained in good health for the life of the
project.
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 Exhibit D: Preliminary Decommissioning Plan, included with the CUP
application, prepared by Torch Clean Energy, dated May 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. This conditional use permit shall not be effective unless and until the vacations of the
Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In
addition, the approval and recordation of such vacations shall take place prior to the
approval of any site plan for the use authorized by this conditional use permit.
7. Access to the site shall be limited to two (2) entrances from Springdale Road and one
(1) entrance from Passage Road, and be in general conformance with the Concept
100
Draft Rev. 9/1/2020
Plan, included with the CUP application, prepared by Greenway Engineering, dated
August 28, 2020. Delivery of solar array panel construction materials will occur at the
site access entrance off of Passage Road identified as Deer Lane on Sheet 4 of the
Concept Plan. Solar array panel materials delivery laydown area will be limited to
Tax Parcel 74-A-44A (Carbaugh Property).
8. Pile-driving of poles for solar arrays during construction shall be limited to 7:00AM
to 5:00PM Monday through Friday. All other construction activities are permitted
7:00AM to 7:00PM Monday through Friday and 7:00AM to 5:00PM on Saturday. No
construction activities are permitted on Sundays.
9. The location of inverters serving the solar project shall be at least 450-feet from all
adjacent residences.
10. Any expansion or modification of this land use will require the approval of a new
CUP.
101
Planning Commission
Agenda Item Detail
Meeting Date: September 2, 2020
Agenda Section: Public Hearings
Title: Conditional Use Permit #10-20 for Hans Holthaus
Attachments:
PC09-02-20CUP10-20.pdf
102
CONDITIONAL USE PERMIT #10-20
Hans Holthaus – Public Garage Without Body Repair
Staff Report for the Planning Commission
Prepared: August 13, 2020
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/02/20 Pending
Board of Supervisors: 09/23/20 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage
without body repair (for vehicles and farm equipment) business in the RA (Rural Areas) Zoning
District. Should the Planning Commission find this application to be appropriate, Staff
recommends that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County
and all improvements completed prior to the establishment of the use.
3. All auto repair related activities, including storage of vehicles awaiting service, shall
occur entirely within an enclosed structure. Any exterior storage of parts and
equipment shall be screened from view by an opaque fence or screen at least six (6)
feet in height.
4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to
noon on Saturdays and closed Sundays.
5. Any proposed business sign shall conform to Cottage Occupation sign requirements
and shall not exceed four (4) square feet in size and five (5) feet in height.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
103
Page 2
CUP #10-20, Hans Holthaus
August 13, 2020
LOCATION: The subject property is located at 5115 Cedar Creek Grade, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 72-A-22A
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
PROPOSED USE: The Applicant proposes the establishment of a public garage without body
repair (for vehicles and farm equipment).
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 622, Cedar Creek Grade Road, the
VDOT facility providing access to the property. The location of the existing entrance meets sight
distance requirements for a low-volume commercial entrance. Should the use ever expand in the
future, the entrance may need to be reviewed to determine if any additional improvements to the
entrance would be required.
Frederick County Fire Marshall: Approved. The garage shall have at least 1 working smoke
detector and 1-10-pound fire extinguisher. May substitute 2-5-pound fire extinguishers if more
feasible for the owner.
Frederick County Inspections: Conditional Use request to use existing residential garage for
commercial use. The area utilized shall comply with The 2015 Virginia Uniform Statewide
Building Code, Virginia Mechanical Code 2015, and ANSI A 117.1-09 – Accessible and Usable
Buildings and Facilities.
Please submit a permit application for the change of use. Please include a floor plan of the
current garage layout and a future floor plan of the proposed layout, if altering.
Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking
area/unloading to entrance shall be provided. Site appears to be flat.
104
Page 3
CUP #10-20, Hans Holthaus
August 13, 2020
Final inspection/approval with certificate of occupancy shall be issued prior to new use of the
facility.
Public restrooms facilities shall be provided with 500’.
Winchester-Frederick County Health Department: This main dwelling is served by an
approved on-site sewage system and private well. This office has no objections to the property
owner working out of his garage. Owner has access to a restroom. No employees. No public
access to residential facilities.
.
Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a public garage
without body repair.(vehicles and farm equipment) The Frederick County Zoning Ordinance
defines a “Public Garage” as designed or used for servicing, repairing or equipping motor
vehicles. There will be one (1) employee with this use. The proposed use takes place entirely
within an existing building on-site. Access to the property is provided by a private driveway
from Cedar Creek Grade Road (Route 622).
The property is surrounded by other RA (Rural Areas) zoned property, which includes single-
family detached residences. The 2035 Comprehensive Policy Plan of Frederick County
(Comprehensive Plan) identifies this area of the County as “rural” and is to remain
rural/agricultural in nature and is not part of any land use study.
STAFF CONCLUSIONS FOR THE 09/02/20 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage
without body repair (vehicle and farm equipment) business in the RA (Rural Areas) Zoning
District. Should the Planning Commission find this application to be appropriate, Staff
recommends that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and
all improvements completed prior to the establishment of the use.
3. All auto repair related activities, including storage of vehicles awaiting service, shall
occur entirely within an enclosed structure. Any exterior storage of parts and equipment
shall be screened from view by an opaque fence or screen at least six (6) feet in height.
4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon
on Saturdays and closed Sundays.
5. Any proposed business sign shall conform to Cottage Occupation sign requirements and
shall not exceed four (4) square feet in size and five (5) feet in height.
105
Page 4
CUP #10-20, Hans Holthaus
August 13, 2020
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
106
72 A 22A
5130CEDARCREEK GR
5044CEDARCREEK GR
C E D A R C R E E K G R
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 7, 2020
C E D A R C R E E K G R
SERENITY LN
F R O M A N S R D
0 220 440110 Feet
CUP # 10 - 20: Hans HolthausPIN: 72 - A - 22APublic Garage - No Auto Body RepairZoning Map
CUP #10-20
G R E E N S P R I N G R D
107
72 A 22A
5130CEDARCREEK GR
5044CEDARCREEK GR
C E D A R C R E E K G R
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 7, 2020
C E D A R C R E E K G R
SERENITY LN
F R O M A N S R D
0 220 440110 Feet
CUP # 10 - 20: Hans HolthausPIN: 72 - A - 22APublic Garage - No Auto Body RepairLocation Map
CUP #10-20
G R E E N S P R I N G R D
108
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110
111
112
113
114
115
116
117
118
119
120
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122
Planning Commission
Agenda Item Detail
Meeting Date: September 2, 2020
Agenda Section: Public Hearings
Title: Ordinance Amendment - Day-Care Facilities
Attachments:
PC09-02-20DRRC-OA.pdf
123
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Day-Care Facilities
DATE: August 13, 2020
This is a request to amend Chapter 165 - Zoning Ordinance to expand the definition for “Day-Care
Facility” to include “adult-care” and to use consistent terminology for “Day-Care Facility”
throughout the ordinance. This ordinance amendment was proposed by a local engineering firm
working in conjunction with Westminster Canterbury to allow this use in the RP (Residential
Performance) district. Under the current definition, day-care facilities only include child-care and
would not allow for adult-care.
Day-care facilities, as defined in Part 101, are currently allowed with an approved conditional use
permit (CUP) in the County’s RA (Rural Areas) and RP (Residential Performance) zoning district.
Staff notes a separate use, “Child Day-Care Services,” is an allowed by-right use in the B1
(Neighborhood Business), B2 (General Business) and OM (Office-Manufacturing Park) zoning
districts and defined by the Standard Industrial Classification (SIC). The proposed amendment
would also revise the terminology to “Day-Care Facilities” (as defined in Part 101 of the County’s
Zoning Ordinance) in the B1, B2, and OM zoning districts for consistency.
Adult care facilities, like child/day-care facilities, are regulated by the Virginia Department of
Social Services (VDSS) in addition to those requirements of the Frederick County Zoning
Ordinance. Further, for uses such as churches, where day-care facilities are accessory to the
principle use (place of worship), these facilities would continue to be allowed without a CUP.
The Development Review and Regulations (DRRC) discussed this item on June 25th. The DRRC
generally supported the proposed ordinance amendment to expand the definition for “Day-Care
Facility” to include “adult-care” noting a gap in this type of service within the community for care
of elderly and/or disabled adults during the workweek. The Planning Commission discussed this
item on August 5th. The Board of Supervisors discussed this item on August 12th and specified
staff should ensure consistent terminology for “day-care facilities” throughout the ordinance and
sent the item forward for public hearing.
The attached document shows the existing ordinance with the proposed changes supported by the
DRRC (with bold italic for text added). Following a public hearing, Staff is seeking a
124
recommendation from the Planning Commission to the Board of Supervisors on this
proposed ordinance amendment.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2.Zoning Ordinance Amendment Cover Letter from Greenway dated
June 11, 2020
3. Adult-Day Care & In-Home Care Cost Comparison Table
MTK/sc
125
Revised 8/13/2020
ARTICLE I
General Provisions, Amendments and Conditional Use Permits
Part 101
General Provisions
§165-101.02. Definitions and word usage.
Day-Care Facility
A facility in which more than five children and/or adults, not including persons children who are related
by blood, marriage or adoption to the people who maintain the facility, are received for care, protection
and guidance during only part of the twenty-four-hour day.
ARTICLE VI
Business and Industrial Zoning Districts
Part 602
B1 Neighborhood Business District
§165-602.02. Allowed Uses.
Allowed Uses Standard Industrial Classification (SIC)
Child-Care Services 835
Day-Care Facilities -
Part 603
B2 General Business District
§165-603.02. Allowed Uses.
Allowed Uses Standard Industrial Classification (SIC)
Child-Care Services 835
Day-Care Facilities -
Part 605
OM Office-Manufacturing Park District
§165-605.03. Secondary or accessory uses.
Secondary Uses Standard Industrial Classification (SIC)
Child-Care Services 835
Day-Care Facilities -
126
127
128
129
Adult Day Care vs. In-Home Care Cost Comparison
2019 National Average Costs
Type of Service
Daily Median Cost
Monthly Median Cost
Annual Median Cost
Adult Day Care Service
$75
$1,625
$19,500
In -Home Care Service
$141
$4,290
$51,480
Source: Genworth Financial, Inc. Cost of Care Survey
130