WESTMORELAND COUNTY, VIRGINIA

Land Use Administration

MONTROSS, VIRGINIA 22520

P. O. Box 1000 Phone: (804) 493-0120

Montross, Virginia 22520 Fax: (804) 493-0604

Board of Supervisors
Staff Report
Date: June 5, 2017
From: Beth McDowell, Planner
Case #: #1706-SE-03
Site Address: Charles Way
Site Location: off Pomona Road
Magisterial District: Washington Magisterial District (Election District 4)
Site Tax Map: 5-80
Owner/Applicant: Adam Fried (agent=Walter McLeod)
Site Property Size: 114.017 acres
Site Zoning District: A-1 Agriculture
Utilities: n/a
Authority: 10-3.12 Special Exception Permit
Project Description: Special Exception for a solar farm
Planning Commission: On June 5, 2017, the Planning Commission unanimously recommended
approval of this application with the attached conditions
Board of Supervisors: Wednesday June 14, 2017 (6:00 p.m., George English building)

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FINDING OF FACTS

Project Description:

The property is a 114 acre wooded lot to the northwest of the intersection of James Monroe Highway and
Pomona Road. The applicants would like to develop the property as a solar farm. The lot would be timbered
and cleared of detritus prior to the installation of solar arrays and other related improvements.

Issue:

The Zoning Ordinance does not specifically address solar farms, but it does provide for the use Public Utility
Facility. The property is zoned A-1 Agriculture, and a Public Utility Facility is permissible with approval of
a Special Exception.

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Surrounding Zoning and Development:

The property is crossed by a perennial stream and abuts several areas of wetlands. According to the Conceptual
Development Plan, those protected features will be properly delineated and a 100-foot buffer maintained, as is
required. The stream would be crossed by the service road, which would require permits from the state and
Army Corps, if the existing crossing is not sufficient.

The National Wetlands Inventory and our computer mapping information show that there are possible
freshwater (upland) wetlands over a significant portion of this property. LUA staff was unable to access the
property because the roadway was blocked by a locked gate. The presence or absence of any additional wetland
areas beyond what is shown on the Conceptual Development Plan would need to be established during the
permitting process.

Most of the adjacent properties are zoned A-1 Agriculture and are either wooded or cropland. To the east, there
are multiple homes on Charles Way; however, that roadway ends at this property so there would be no through
traffic.

One of the properties to the north is zoned PRD Planned Residential Development and was part of the Northern
Neck Development (Richard Wards project). That proposed subdivision is not being actively pursued at this
time.

The soils for this property and the surrounding area are poorly infiltrating, so staff does not anticipate much
future development unless there is an expansion of the sewer system, such as was proposed for the Northern
Neck Development project.

Water/Sanitary System:

We do not anticipate the need for permanent water supply and wastewater disposal in association with this
project. These are not required for utility projects unless there will be on-site employees after the initial
installation.

Transportation:

VDOT approval of any work within the right-of-way will be required by the permitting process.

Landscaping and Screening:

The entirety of the solar fields shall be enclosed by fencing. According to the Conceptual Development Plan,
existing vegetation would be preserved at the entrance to the property from Charles Way, in order to shield the
facility from the view of motorists.

In addition, transitional screening is required by Article 6-8 of the Zoning Ordinance between this use and any
future residential development. This vegetative screening would be 25 feet in width and consist of two rows of
staggered evergreen trees and one row of evergreen shrubs. Except for where there are wetlands, the
Conceptual Development Plan shows a 20 foot setback from the property lines. LUA staff would recommend
that this setback be increased to allow this screening vegetation to be achieved if it is necessary at some point in
the future.

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Comprehensive Plan Considerations:

According to the Comprehensive Plan, the majority of Westmoreland residents desire that the rural areas of
Westmoreland County preserve their rural character, and this property has been designated as Rural Lands in
the Plan. Rural Lands are intended to retain their existing character as much as possible. That is, they will
remain primarily for agricultural or forestland use, but also with some areas of residential, commercial,
intuitional, and industrial uses Most (non-agricultural/forestland uses, specifically commercial uses) will be
related to the natural resources of the area. Solar energy is, of course, a basic natural resource across the
County.

Map 8.22c designates this property as a Natural Area Core with a low ranking. Natural Area Cores are natural
areas of 100 contiguous acres or more. The Plan advises that consideration be given to a proposed projects
impact on these areas and natural resources such as forests, wetlands, and wildlife areas.

Typically, land used for solar facilities is leased for approximately 30 years. After that time, if the lease is not
renewed, all related appurtenances would be removed and the land could be planted for a return to forestland
use or developed in another fashion.

Additional Notes:

Certain items in the packets for the Commission and Board members have been labeled confidential and are
not intended for distribution or viewing by the general public. A copy of the public portion of the application is
available at the Land Use office.

RECOMMENDATION

Should the Board consider approval of the request, the Planning Commission and staff recommend the
following conditions:

1. The Special Exception is approved in general accordance with the Conceptual Development Plan,
designed by Beam Renewable Energy LLC and dated April 17, 2017. Contrary to that plan, the setback
from rear and side property lines shall be at least 25 feet.

2. In accordance with Article 6-7.3(5), existing vegetation along Charles Way may be preserved as part of
the landscape area along the right-of-way. If the preserved vegetation is removed at any time during the
operation of this facility, a landscape area in accordance with Article 6 shall be planted.

3. Fencing of at least six (6) feet in height shall be installed and maintained along the outside of the facility
area.

4. Within one (1) year from the date that the facility ceases electricity generation for a continuous twelve-
month period, all infrastructure and appurtenances directly related to this use shall be decommissioned
and removed.

5. Any expansion of this use beyond the terms provided herein shall require amendment to this Special
Exception approval.

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 6. In accordance with the provision of Article 10-3.12 (11) of the Westmoreland County Zoning
Ordinance, the activity shall begin within 365 days of the approval of this Special Exception by the
Board of Supervisors. Prior to the start of the activity, zoning and/or building approval must be sought
and granted.

7. This Special Exception and all conditions listed herein shall run with the land but may be revoked by the
County of Westmoreland or its designated agent for failure by the applicant or its assigns to comply with
any of the listed conditions or any provision of Federal, State or Local regulations.

8. No additional or future development will be permitted on the property except in compliance with all the
applicable codes.

Attachments:
Application
Aerial photo of lot and surrounding area
Transmittal letter from Virginia Solar Farms LLC
Executive Summary (provided by Virginia Solar Farms, 5 pages) **confidential**
Locational Map
Conceptual Development Plan (dated April 17, 2017) **confidential**
Plat of property **confidential**
USGS map showing area
Detail on equipment (8 pages)

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