HomeMy WebLinkAbout05-20 PC Staff ReportCONDITIONAL 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.
4
Page 2
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.
5
Page 3
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.
6
Page 4
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
7
Page 5
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.
8
Page 6
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
9
Page 7
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.
10
Page 8
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
11
Page 9
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