The Code of Virginia requires that the Planning Commission review solar energy facilities that are not shown on the Comprehensive Plan to determine whether the location, character, and extent of the facility are substantially in accord with the Comprehensive Plan (Code of VA Sec. 15.2-2232).

Following is an analysis these elements:

Location – Renewable energy generation land use is a used permitted in the Spotsylvania County Code as a Special Use in the Agricultural 3 zoning district. As per County Code Section 23-4.5.1, Special uses are considered generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the County as a whole, require individual consideration of their design, configuration, and/or operation at the particular location proposed. Conditions included with the Special Use Permit can provide effective mitigation of potential impacts and result in consistency with the Comprehensive Plan.

The site is located near both an existing transmission line and a substation with adequate capacity. During construction there will be a substantial increase in vehicular traffic to and from the site, including wide load and construction vehicles. Staff believes that appropriate conditions are critical to ensure the project is substantially in accord with the Comprehensive Plan.

Character – The facility is proposed in an area characterized by low density residential development, neighborhoods with rural character, and agricultural uses. While the use will cover a large acreage, it will have a low profile to the ground and has limited public road frontage. Appropriate setbacks and buffering will help to maintain the rural character of the area and provide transitions to the surrounding uses.

The construction phase will be disruptive to the community. Conditions are recommended that minimize the disruption to the surround community. Once the operations phase beings, the impact on the surrounding community is significantly decreased. Staff believes that appropriate conditions are critical to ensure the project is substantially in accord with the Comprehensive Plan.

Extent – The facility is proposed on 245 acres with a disturbance area of approximately 200 acres. The proposed facility covers a large land area that has historically been under forestry operations. When evaluating a public facility or utility for extent, typically the evaluation looks at the size in relation to the area served. For example, is a proposed park the appropriate size and type to serve the identified need? In this case, the extent is proposed by the applicant to meet the needs of their end users – its proposed not by a governmental entity, but rather a private capital investment proposal to generate electricity for sale to corporate customers.  While the proposed facility will encompass a large land mass, there is no policy in the Comprehensive that places specific limits on the size of individual uses or projects. That said, the magnitude of the project introduces a number of potential impacts. In particular, environmental impacts, construction impacts, and erosion and sediment controls are some potential concerns compounded by the size of the proposed facility. Staff believes that appropriate conditions are critical to ensure the project is substantially in accord with the Comprehensive Plan.

Staff cannot recommend that the Planning Commission find that the project is substantially in accord with the Comprehensive Plan at this time due to the lack of certain finalized plans that should be conditioned to address health, safety, and welfare. Specifically, those Plans include:

·         Traffic Mitigation Plan

·         Landscape Cover and Buffer Maintenance Plan

·         Soil Testing and Remediation Plan

·         Decommissioning Plan