Loading...
HomeMy WebLinkAbout05-20 BOS Staff ReportCONDITIONAL USE PERMIT #05-20 Bartonsville Energy Facility, LLC Staff Report for the Board of Supervisors Prepared: September 11, 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 Recommended Approval 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 1,160.5-acres. Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be appropriate, the Planning Commission 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 Frederick 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. Page 2 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 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 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 7:00 a.m. 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. 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. Subdivision, for residential development, of Tax Parcels 74-A-3, 74-A-4, 74-A-6C, or of the area currently constituting the Springdale Glen and Carrollton Estates subdivisions shall be prohibited during such time as solar power generating equipment is installed on said parcels. 11. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by 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. Page 3 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 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 1,160.5- acres. 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. Frederick County Fire Marshal: Plans approved by Fire Marshal, Frederick County. See comment letter dated May 14, 2020. Page 4 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 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 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 Page 5 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 2020 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 (i.e. a solar ordinance). 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. As a conditional use permit, the Board may further specify certain conditions to ensure the project does not have a negative impact on neighboring properties and/or the overall character of the community. The application proposes use of approximately 1,160.5-acres of rural area property, primarily Page 6 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 2020 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 continue to 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 64 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. The Applicant has further committed to locating inverters on the site at least 450-FT from neighboring residences to reduce noise impacts (see condition # 9). Page 7 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 2020 In order to protect the viewshed and mitigate the visual impact to neighboring properties in the 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 residential neighbors, the Applicant will also 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 28, 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. Page 8 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 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 1,160.5-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 Frederick 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 Page 9 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 2020 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 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 7:00a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. 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. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 09/02/20 MEETING: The Planning Commission held a public hearing on the proposed CUP on September 2nd. Following a Staff presentation, the Applicant made a presentation highlighting Torch Clean Energy (the developer), site development/construction timeline, and outreach efforts to adjoining property owners and the wider community in the vicinity of the project. The Planning Commission asked for clarification regarding interconnection parcels and substation location; the Applicant highlighted those parcels as having only underground utility easements and that there would be no solar panels located on these interconnection parcels. Commissioner Oates asked Staff to confirm that the property within the corporate limits of the Town of Stephens City was subject to the applicable regulations of the Town and not under the jurisdiction of Frederick County; Staff confirmed this was the case but those parcels were included in the overall project information for context only. Eleven (11) members of the public spoke on the proposed project. Citizen comments included request for additional berms and screening, increasing the setbacks from 100-feet (FT), concerns over impacts of the project to quality of life and community character, impact to existing viewshed, loss of agricultural land, construction and inverter noise and glare. Following the public hearing, the Applicant responded to several of the comments noting that several of the speakers are residents of the Town of Stephens City and the portion of the project they were concerned about is within the Town’s corporate limits, and not subject to the regulations of Frederick County. The Applicant further stated that in an effort to be a good neighbor they had worked directly with the adjoining property owners and district commissioners to address those concerns through enhanced landscaping and a 7-FT tall earthen berm. The Applicant noted that Page 10 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 2020 all of the proposed landscaping/screening was included on Sheets 3 and 4 of the Concept Plan (revised August 28, 2020) and that the conditions specify conformance with the plan. Commissioner Jewell stated in his remarks that the project would increase tax revenue to the County, would eliminate 64 platted residential lots bringing a net savings to the County on capital costs, would preserve agricultural land for future use, and that the work done by the Applicant to address neighbor concerns would ensure the project was not visible from adjoining roadways and residences. Commissioner Oates proposed an additional condition be added that for the life of the project no new residential lots could be subdivided out while solar facilities were located on the property. The Planning Commission concluded their remarks noting that several of the speakers (Sneddon, Gordon, Heath) were residents of the Town of Stephens City, and their properties adjoin the project area that is within the jurisdiction of the Town and subject to the regulations of the Town, not Frederick County. The Planning Commission voted 10-2-1 (Commissioner Kenney & Triplett – No; Commissioner Cline – Absent) to forward the application to the Board of Supervisors with a recommendation of approval including the amended condition proposed by Commissioner Oates. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/23/20 BOARD OF SUPERVISORS 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 1,160.5-acres. Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be appropriate, the Planning Commission 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 Frederick 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 Page 11 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 2020 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 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. Subdivision, for residential development, of Tax Parcels 74-A-3, 74-A-4, 74-A-6C, or of the area currently constituting the Springdale Glen and Carrollton Estates subdivisions shall be prohibited during such time as solar power generating equipment is installed on said parcels. 11. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to Page 12 CUP #05-20 – Bartonsville Energy Facility, LLC September 11, 2020 adequately address all concerns raised by 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.