HomeMy WebLinkAbout11-21 PC Staff ReportCONDITIONAL USE PERMIT #11-21
Bartonsville Energy Facility II, LLC – Phase II Expansion Area
Staff Report for the Planning Commission
Prepared: October 12, 2021
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: 10/20/21 Pending
Board of Supervisors: 11/10/21 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable construction of a 430+/--acre 40-
to-60-megawatt (MW) utility-scale solar power generating facility (disturbed area) located on
properties totaling approximately 636.7+/--acres.
Should the Planning Commission find this use for a utility-scale solar power generating facility
to be appropriate, Staff would recommend 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 Phase II Expansion Area
Concept Plan, included with the CUP application, prepared by Greenway Engineering,
dated October 12, 2021.
3. 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:
Expansion Area Decommissioning Plan, included with the CUP application, prepared by
Torch Clean Energy, dated September 2021.
4. Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of this CUP.
5. Access to the site shall be limited to two (2) entrances: one (1) entrance from Marlboro
Road (Route 631) via Strode McLeod Lane to be used for construction and general site
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CUP #11-21 – Bartonsville Energy Facility II, LLC – Phase II Expansion Area
October 12, 2021
access, and one (1) entrance from Family Drive using Strode McLeod Lane to be used for
emergency access only and the entrance configuration be in general conformance with
the Phase II Expansion Area Concept Plan, included with the CUP application, prepared
by Greenway Engineering, dated October 12, 2021. Delivery of solar array panel
construction materials will occur at the site access entrance off of Marlboro Road using
Strode McLeod Lane on Sheet 3 of the Concept Plan. Solar array panel materials
delivery laydown area will be restricted to Tax Parcel 74-A-18.
6. A Phase 1 Archeological Survey will be completed and submitted to the Department of
Planning & Development prior to site plan approval. This survey should document the
collection of historic structures on and around this development and determine if this area
would qualify as a rural historic district.
7. Pile-driving of poles for solar arrays during construction shall be limited to 7:00 a.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.
8. 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 #11-21 – Bartonsville Energy Facility II, LLC – Phase II Expansion Area
October 12, 2021
LOCATION: The properties are generally located south of Marlboro Road (Route 631), east
and west of Strode McLeod Lane, north of Family Drive and west of the CSX rail corridor. The
project is immediately south and adjacent to Bartonsville Energy Facility – Phase I project area
(CUP #05-20, approved September 23, 2020).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 73-A-104, 74-A-18, 74-A-18A, 74-A-18B, 74-A-19, 74-A-20,
and 85-A-1
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Agricultural, Residential, and Open Space
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential, Agricultural &Open Space
South: RA Use: Residential, Agricultural & Open Space
East: Town of Stephens City Use: Town of Stephens City (Industrial)
West: RA Use: Agricultural & Open Space
PROPOSED USE: This is a request to enable construction of a 430+/--acre 40-to-60-megawatt
(MW) utility-scale solar power generating facility (disturbed area) located on properties totaling
approximately 636.7+/--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 631 (Marlboro Road), the VDOT facilities providing access to the properties.
The location, Strode McLeod Lane, has been identified for a low-volume commercial entrance,
on Route 631. The existing entrance appears 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 September 13, 2021.
Frederick County Fire Marshal:
Plans approved by Fire Marshal, Frederick County.
See comment letter dated September 7, 2021.
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Frederick County Inspections:
Conditional Use Permit for installation of solar arrays shall be designed per the 2018 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 September 15, 2021.
Town of Stephens City:
The Town has no opposition to the proposed conditional use permit as this expansion appears to
be consistent with the previously approved CUP located on contiguous properties.
See comment letter dated September 14, 2021.
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 September 21, 2021. The
HRAB reviewed information from the Virginia Department of Historic Resources (VDHR) and
information provided by the Applicant. This application seeks to expand the site area of a
previously approved conditional use permit. The Phase 2 site area consists of 636 acres; the total
combined site area for Phase 1 and Phase 2 is 1,600 acres. The Project will consist of rows of
ground-mounted photovoltaic modules, commonly known as solar panels. The site is located north
and south of Marlboro Road and west of the Town of Stephens City; Phase 1 is north of Marlboro
Road and Phase 2 is south of Marlboro Road
Historic Resources Advisory Board Comments:
The Virginia Department of Historic Resources identifies the following on or near the Phase 2 area:
#034-1078 Cherry Dale (Mary Stephens House) – located within the Phase 1 area
Eligible for listing in the National Register of Historic Places (NRHP)
#034-1401 – Kent Barley Orchard House – Located on site
#034-300 - Family Drive – Eligible
#034-0083 - Carter Hall – Eligible
#034-141 – Waveland
#034-84 – Pleasant Green – Potentially Eligible
#034-1004 – Grand View
#034-69 – LaGrange– Potentially Eligible
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During the HRAB’s review of the application, concern was expressed regarding the significant size
of this project and its location in a historic and scenic area of the County. While this use may
facilitate the preservation of agricultural and rural land for future use, the HRAB noted concern
about solar facilities previously approved and future requests and their potential to detract from the
historic and rural character of the County.
Following the HRAB’s review of this application, they ultimately recommended approval of the
CUP with the following recommendations:
• Recommendation: An enhanced buffer along Grand View (#034-1004) should be provided.
• Recommendation: 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 and determine if this area would qualify as a rural historic
district.
See comment letter dated September 23, 2021.
Planning and Zoning:
Proposal & Site Configuration:
The application proposes use of approximately 636.7-acres of rural area property, primarily used
for agriculture, to generate 40 to 60 megawatts (MW) or photovoltaic (solar) electricity.
Approximately 430-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 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.
The balance of property on the site, approximately 206.7-acres (i.e., area outside of the leased
area for solar arrays), will be maintained for agricultural use by the property owners, including
crops, orchards, and pasture.
The Application Narrative and Statement of Intent notes 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. However, small batteries will be utilized as backup for solar tracker motors,
substation, and associated equipment.
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
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property, in addition to maintaining existing mature woodlands (where feasible), to shield view
of the facility from adjacent roadways, residences, and other agriculture uses. Proposed
landscape buffers (and cross-sections) are included on Sheet 3 of the Concept Plan.
Immediately north and adjoining the property, is the Bartonsville Energy Facility – Phase I
project area (1,160.5-acres total), approved by the Board of Supervisors on September 23, 2020
with CUP #05-20. Under the approved Phase I project, PIN # 74-A-20 (Staples Property), was
for use as an interconnection parcel, including installation of a substation/switching station. The
Staples Property is also included in this CUP application and the applicant proposes use of the
property to also include solar arrays in addition to the substation/switching station. Phase I
project limits and details are included for reference on Sheets 4 and 5 of the Concept Plan. A
summary of the project area and disturbed area totals for each phase is included below.
Total Acreage Disturbed Area (Solar Arrays)
Phase I (CUP #05-20) 1,160.5 705
Phase II (CUP #11-21) 636.7 430
Total 1,797.2 1,135
Site Access & Transportation:
Access to the site, as proposed on Sheet 3 of the Concept Plan, is limited to two (2) entrances:
one (1) entrance from Marlboro Road (Route 631) via existing Strode McLeod Lane to be used
for construction access and general site access (for maintenance post-construction), and one (1)
entrance from Family Drive also using Strode McLeod Lane to be used only for emergency
access. 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 project entrances are clearly depicted on Sheet 3 of the Concept Plan
prepared by Greenway Engineering, dated October 12, 2021, and included with the CUP
application.
Decommissioning & Solar Siting Agreement:
A draft Expansion Area Decommissioning Plan has been included with the application materials,
satisfying 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 #3 ensures
that Frederick County would maintain a bond that is updated every five (5) years keeping it up to
date.
The applicant will also be negotiating with the Board of Supervisors a “solar siting agreement”
outlined in the Code of Virginia § 15.2-2316.7. The solar siting agreement will address
mitigation of potential impacts from the proposed facility. The solar siting agreement legislation
took effect July 1, 2021, and applies only to projects submitted on or after January 1, 2021. The
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CUP #11-21 – Bartonsville Energy Facility II, LLC – Phase II Expansion Area
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solar siting agreement, while not required by state code to include the Phase I project (CUP #05-
20) does include voluntary mitigation of potential impacts from Phase I in addition to those
required for the Phase II project.
Zoning Ordinance Conformance:
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.
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. Setbacks are noted and depicted on
Sheet 3 of the Concept Plan.
Comprehensive Plan Conformance:
The Comprehensive Plan envisions this area of the County to remain primarily rural in nature
and for agricultural and forested land to be preserved for future generations. The project, as
proposed, is compatible with the Comprehensive Plan. The project will not adversely impact the
rural character of the area or the adjoining agricultural and residential uses. The proposed use is
highly passive with limited noise, odor, glare, lighting, and traffic during operations. The
preservation of the underlying land maintains the ability to use the property for agriculture in the
future.
Permit-by-Rule:
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/historic
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
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this project.
STAFF CONCLUSIONS FOR THE 10/20/21 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) to enable construction of a 430+/--acre 40-
to-60-megawatt (MW) utility-scale solar power generating facility (disturbed area) located on
properties totaling approximately 636.7+/--acres.
Should the Planning Commission find this use for a utility-scale solar power generating facility
to be appropriate, Staff would recommend 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 Phase II Expansion Area
Concept Plan, included with the CUP application, prepared by Greenway Engineering,
dated October 12, 2021.
3. 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:
Expansion Area Decommissioning Plan, included with the CUP application, prepared by
Torch Clean Energy, dated September 2021.
4. Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of this CUP.
5. Access to the site shall be limited to two (2) entrances: one (1) entrance from Marlboro
Road (Route 631) via Strode McLeod Lane to be used for construction and general site
access, and one (1) entrance from Family Drive using Strode McLeod Lane to be used for
emergency access only and the entrance configuration be in general conformance with
the Phase II Expansion Area Concept Plan, included with the CUP application, prepared
by Greenway Engineering, dated October 12, 2021. Delivery of solar array panel
construction materials will occur at the site access entrance off of Marlboro Road using
Strode McLeod Lane on Sheet 3 of the Concept Plan. Solar array panel materials
delivery laydown area will be restricted to Tax Parcel 74-A-18.
6. A Phase 1 Archeological Survey will be completed and submitted to the Department of
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CUP #11-21 – Bartonsville Energy Facility II, LLC – Phase II Expansion Area
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Planning & Development prior to site plan approval. This survey should document the
collection of historic structures on and around this development and determine if this area
would qualify as a rural historic district.
7. Pile-driving of poles for solar arrays during construction shall be limited to 7:00 a.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.
8. 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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