D C D

S R

PROPERTY OWNER(S): Eddie and Sheila Bennett

APPLICANT(S): D namic Energ , LLC

LOCATION: 11795 Marsh Road, Bealeton

DISTRICT: Cedar Run

PIN(S): 7808-36-9737-000

ACREAGE: Total: 169.84 acres; Use Area: +/- 40.0 acres

ZONING: Rural Agricultural (RA)

LAND USE: Rural

MEETING DATE: April 15, 2021

REQUEST: COMR-21-014669: An application for a Comprehensive Plan

Compliance Review in accord with Code of Virginia Section 15.2-2232,
as to whether the proposed location of a utilit scale solar project is
substantiall in accord with the Comprehensive Plan.

OUTSTANDING ISSUES: A Utilit Scale Solar Facilit is considered an Electrical Generating

Plant pursuant to Zoning Ordinance Section 3-320.5. Approval of a
Special E ception is required to permit the use in the RA District. That
process will evaluate the proposal against standards defined in the
Zoning Ordinance.

T D :

The Applicant has requested a Comprehensive Plan Compliance Review for a proposed utilit scale
solar energ generation facilit . This is the first step in considering a utilit scale solar facilit . The
purpose of this application is to determine whether the location of the facilit is in substantial
conformance with the Comprehensive Plan. The Comprehensive Plan Compliance Review is stipulated
b Zoning Ordinance Section 5-2001.3, and must be completed before a Special E ception application
for the proposed use can be submitted. The proposed 5-megawatt facilit would be located on
appro imatel 40 acres of the 169.84-acre propert . The leased area for the facilit will be located at
the rear of the propert appro imatel 1/3 mile east of U.S. 17 and enclosed with a fence appro imatel
si feet in height.

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The photovoltaic solar panels will be designed to rotate and track the sun as it moves through the sk .
Panels will be appro imatel eight feet in height at the center pivot (with the panel parallel to the
ground) and appro imatel fourteen feet in height at full tilt (with the panel full angled toward the
sun earl in the morning and late in the evening). Panel height will var between these two figures
throughout the da . It should be mentioned that the Zoning Ordinance ( 5-2003.6) limits solar panels
to a ma imum of 15 feet in height. As such, the proposed panel height will be further evaluated if a
Special E ception application is filed. The metal racking s stem which supports the panel arra s will
be anchored to the ground via metal pilings and will not involve the use of concrete or other permanent
footings. The facilit will connect to the power grid via the transmission line which traverses the
southern edge of the subject propert .

C P

P L ,Z L U :

The 169.84-acre propert is located along Marsh Road (Route 17), appro imatel two miles south of
Bealeton. The propert is currentl used for both residential and agriculutral purposes. It contains a
1,500 square foot two-stor farm house which was constructed in 1925, and a 1,300 square foot two-
stor residence. The propert also has several sheds and agricultural outbuildings. The front and middle
portion of the propert are primaril crop lands. The rear portion of the propert is primaril wooded.
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The northwestern portion of the propert , appro imatel 21 acres, is wooded. There are two streams
and a farm pond on the propert . Both of these streams eventuall flow into Browns Run. Wetlands,
as identified b the National Wetlands Inventor (NWI), can be found on the propert . These generall
follow the streams or other drainage channels on the propert . A small portion of the propert , along
the southern propert line, contains FEMA 100- ear floodplain. Appro imatel 79% of the overall
propert , 98% of the lease area, and 100% of the area to be covered b solar panels contains soils which
are classified as prime agricultural and/or prime forest soils. Please see attached environmental features
map and soils maps for additional information.

S A M

Appro ima e
Loca ion of
Solar Panel

S Z C L U :

A majorit of the surrounding propert is oned Rural Agricultural (RA), and is used for rural
residential and agricultural purposes. The Virginia Department of Transportation (VDOT) maintenance
area headquarters is immediatel north of the subject propert along Marsh Road (Route 17). Several
properties along Marsh Road, Elk Marsh Road and Old Morgansburg Road, north of the subject
propert , are oned Rural Residential (RR-2). These properties primaril contain rural residences.
Two churches, Faith Baptist and Bealeton Pentecostal Church, are also located in the RR-2 oned area.

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It should also be mentioned that a few nearb properties are under Purchase of Development Rights
(PDR) Conservation Easements held b Fauquier Count . Two others are under Open Space Easements
held b Fauquier Count . Additionall , two nearb properties are in the Southern Fauquier Agricultural
and Forestal District. Lastl , several cultural resources have been identified in the vicinit of the subject
propert . These are generall located along Rogues Road or the western side of Marsh Road. Please
see the attached conservation easements map and cultural resources map for additional information.

R A M

Appro ima e
Loca ion of
Solar Panel

C P :

The subject propert is appro imatel two miles southeast of the Bealeton Service District in an area
of the Count designated for Rural Land Use. Chapter 8 of the Comprehensive Plan addresses land
use in the rural areas of the Count . It contains policies and plans to protect and preserve farmland,
historic sites and open space. The Rural Land Use Plan is focused on preserving the ph sical beaut ,
historical heritage and environmental qualit of the Count , while growing its rural and agricultural
econom to better serve its people and protect its heritage.

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 Z M

Appro ima e
Loca ion of
Solar Panel

The Rural Land Use Plan also offers guidance on alternative energ operations in rural areas. The Plan
states that the County may permit non-agriculturally related commercial uses by special exception or
special permit in the rural lands if the use is agriculturally and rurally compatible in scale and
intensity; poses no threat to public health, safety and welfare; contributes to the preservation of
historically significant structures or landscapes; and if it helps to preserve farmland and open space
and continue agricultural operations. It is recogni ed that solar panels have been a supplemental
source of power for residential and farm operations, and that recent developments in the industr have
seen the e pansion of utilit scale photovoltaic energ generation facilities into rural areas. The Plan
suggests that as large scale solar farms become more common, the Count ma consider regulations to
ensure that these operations do not detract from the rural character of the Count and from the
traditional and emerging farm econom . Additionall , as the industr e pands, the Count should
continue its polic principles of ensuring that these uses do not detract from the basic agricultural
character and econom of its rural lands.

Zoning Ordinance Section 5-2001.3 sets forth a two-step approval process for utilit -scale solar
facilities as well as robust standards for development. Both the process and the standards were
developed to ensure that solar development in Fauquier Count does not detract from the rural character
of the Count nor from the farm econom . Overall, the Rural Land Use Plan s guidance encourages
an approach which foremost protects the rural/agricultural character of the Count while allowing

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reasonable development of solar energ generation facilities where the location and nature of the
facilit are appropriate.

P A :

The purpose of the compliance review is for the Planning Commission to determine if the general
location, character, and e tent of the proposed solar facilit are substantiall in accord with the
Comprehensive Plan. As mentioned above, the proposed use is within in an area of the Count
designated for Rural Land Use. Comprehensive Plan Chapter 8 - Rural Land Use Plan addresses land
use in the rural areas of the Count and outlines the Count s policies and plans to protect and preserve
farmland, historic sites and open space. Additionall , related guiding principles, policies, goals and
objectives can be found in Chapter 1 - Vision and Goals and Chapter 2A - Natural Resources. These
sections of the Comprehensive Plan are intended, either e plicitl or implicitl , to guide the siting of
solar facilities in Fauquier Count . Each relevant section is listed below followed b a staff anal sis
in italics.

C 1: I V

G P A: T C C
.

Polic 1: Preserve the Count s cultural, ecological and environmental resources to ensure the
continued qualit of life within the Count for its residents and visitors.

Sensitive environmental areas will be avoided; the Zoning Ordinance ( 5-2003.9) requires all 100-
year floodplains, wetlands and steep slopes to be protected from clearing, grading, filling or
construction, except as required for essential infrastructure such as road or utility crossings. This will
be further evaluated during the Special Exception and Site Plan processes.

The Zoning Ordinance ( 5-2000.3.h) requires, as a part of the Special Exception application, the
Applicant to submit the location of any existing historic or cultural site, scenic highway, or public
facility within one mile of the project boundary. Preliminary information indicates that there is one
architectural resource within the parcel boundary; however, it is located outside of the project area.
Several other resources have been identified in the vicinity of the subject property. These are generally
located along Rogues Road or the western side of Marsh Road.

Polic 2: Identif and protect productive agricultural and silvicultural lands.

The property is currently being used for agricultural purposes; approximately 110 acres (64.7%) of
the property s 169.84 are being actively farmed. The proposed facility will remove approximately 40
acres (36%) of the property s productive agricultural area. The remaining portions of the property will
have the ability to remain in agricultural use.

Polic 3: Promote the identification, evaluation, registration and protection of heritage/historic

resources, as well as the business opportunities presented b their rehabilitation and reuse.

The Statement of Justification states that the resource on the subject property (DHR ID #030-5547 -
11795 Marsh Road Farm) has been determined to not be eligible for listing.

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 Polic 5: Safeguard the environment with water and air qualit and natural resource management.

As mentioned previously, the Zoning Ordinance requires the project to be located away from streams,
wetlands, sensitive ecological features, and outside of the floodplain. Furthermore, the facility would
be primarily placed within an existing field and will not require significant clearing of intact
woodlands. Potential impacts to water and air quality would be further considered as part of the
Special Exception and Site Plan process.

G P C: A
C .

Polic 1: Encourage and support the growth of e isting businesses and investment of new
businesses in the Count and promote opportunities for Fauquier Count residents to work in the
Count .

The Applicant states that the proposed development is anticipated to have a net positive economic
impact on the County, and that the facility s construction and operation will provide employment
opportunities and an economic boost to local businesses. Additionally, the Applicant states that the
lease agreement will provide the landowner with a more diversified and stable income.

Polic 2: Continue to promote a vibrant and robust farming and agricultural sector of the econom .

As mentioned above, the facility will remove approximately 40 acres from the property s productive
agricultural area. The remaining portions of the property will have the ability to remain in agricultural
use.

C 2A - N R

GOAL 1: S .

Objective 1.5: Promote and encourage the retention and enhancement of the Count s diverse
scenic resources.

The viewshed from Marsh Road (Route 17) is generally agricultural fields along the front of the
property, with the farm structures and existing tree line occurring in the distance. The proposed solar
facility would be located approximately 2,000 feet from Route 17 and behind the existing tree line. Its
location and the property s relatively flat topography would essentially screen the facility from public
view. As such, any publicly viewable scenic resources will likely remain as they are today.

GOAL 3: E C
.

Objective 3.3: Promote the preservation of agricultural and forested areas through the use of
Agricultural and Forest Districts, easements and other voluntar means.

The subject property is not within an agricultural or forestal district nor is it subject to any type of
conservation easement. However, a few nearby properties are under conservation easements, held by
Fauquier County or within the Southern Fauquier Agricultural and Forestal District. Therefore, the
subject property could potentially enroll in the Southern Fauquier Agricultural and Forestal District
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or be placed in a conservation easement. Please see attached Conservation Easements Map for
additional information.

The proposed use area (40 acres) encompasses approximately 23.5% of the total property area (169.84
acres). Generally, the application will not promote the preservation of agricultural areas; however,
given the details of the proposal a majority of the subject property will be able to remain in agricultural
production.

Objective 3.4: Encourage the retention and sustainabilit of the Count s natural biological
diversit .

The Applicant states that the use of natural screening and low growing fescues will allow the site to
retain potential habitats and minimize disturbance, which is anticipated to be lower than typical
farming practices. The Applicants believe that the reduced disturbance coupled with low required
maintenance would support retention of biological diversity.

It should be mentioned that a majority of the area to be covered by solar panels currently has a one to
two crop rotation throughout the growing season. This cover offers little in the way of supporting
biological diversity. The application states that pollinator habitat will be provided in between and
around the solar panel arrays. This would help to maintain and potentially increase biological
diversity in and around the use area.

C 8: R L U P

G 2: P F C .

Objective 2.1: Encourage land uses that are intrinsic to the character of Fauquier s Rural Lands.

Action 2.1.4: Focus on the protection of prime agricultural soils, the creation of large
contiguous blocks of preserved farmland, ke open space resources such as stream valle s,
steep wooded slopes and other sensitive environmental areas as a distinct priorit in the
implementation of open space protection policies.

Sensitive environmental areas will be avoided; the Zoning Ordinance ( 5-2003.9) requires all 100-
year floodplains, wetlands and steep slopes to be protected from clearing, grading, filling or
construction, except as required for essential infrastructure such as road or utility crossings.

The property has four distinct agricultural (crop) areas. The front two, a 20-acre field and a 22-acre
field along Marsh Road (Route 17) are generally contiguous, only separated by the farm s driveway.
Three other fields (38 acres, 26 acres and four acres) are located in the middle portion of the property
and separated from the front fields by a farm pond and structures on the property. The project s lease
area, approximately 40 acres, will cover all of the 26 and four acre fields as well as a portion of the
38-acre field. Approximately 84% of the lease area and 100% of area to be covered by panels contains
prime agricultural soils. These areas will be removed from production for the life span of the project.
The Applicant believes that the proposed limited use of 40 acres would mirror land-bank preservation
due to the lease terms, landscaping, and decommissioning restoration. Furthermore, the limited site
disturbance and compaction during the installation process would mirror typical farming equipment.
The Applicant states that ground cover of low growing fescues would be installed to support water

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retention and facilitate restoration and that the reduction in agricultural load, pesticides, and
fertilizers would allow the soil to rest prior to return to agricultural use.

G 3: E F C .

Objective 3.5: Ensure that businesses located in the rural lands do not adversel impact the intrinsic
character of the area.

Action 3.5.1: Ensure that permanent structures supporting a rural business or tourism enterprise
are significantl set back from propert boundaries, are appropriatel si ed, do not obstruct
views of significant natural features from adjacent properties or public roads, and minimi e
light and noise pollution.

The solar facility is proposed to be set back approximately 2,000 feet from the western property line,
Marsh Road (Route 17). It is also proposed to be setback a minimum of 100 feet from the eastern
property line, approximately 130 feet from the southeastern property line and approximately 760 feet
from the northwestern property line.

The Zoning Ordinance requires a viewshed analysis be submitted as a part of the Special Exception
application. It also requires solar equipment to be setback a minimum of 100 feet from the project
boundary; 150 feet from any existing residential dwelling; and, unless modified by the Board of
Supervisors, 1,000 feet from Marsh Road as it is a Corridor of Statewide Significance.

Action 3.5.4: E plore additional standards for locating alternative energ generating facilities
to ensure preservation of environmental, cultural, and scenic resources and maintaining prime
agricultural lands for agriculture.

On October 8, 2020, the Board of Supervisors adopted a Zoning Ordinance Text Amendment to Articles
5 and 15 which developed standards and definitions for Solar Facilities and allow Utility Scale Solar
Facilities as a Special Use. These standards will be evaluated should a future Special Exception
application be filed.

Action 3.5.5: Require a decommissioning plan for utilit scale energ projects that provides
information on the project s life space, cost to decommission the facilit , the manner in which
the facilit will be decommissioned and the site restored, and the methods b which funds will
be available for decommissioning and restoration.

The Zoning Ordinance ( 5-2003.22) requires a decommissioning plan to be submitted with the Site
Plan application. It also requires the full estimate of decommissioning to be guaranteed by escrow at
a federally insured financial institution, irrevocable letter of credit or surety bond prior to a building
permit being issued.

Action 3.5.6: Encourage low maintenance ground cover and activities on alternative energ
generating facilities, such as bee pollinating plantings, native plantings, beekeeping and sheep
gra ing, that provide other ecological benefits.

The Zoning Ordinance ( 5-2003.13) requires the use of non-invasive plant species, pollinator friendly
and wildlife-friendly native plants, shrubs and trees shall be used in the required buffers.