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19SN0622 CASE NUMBER: 19SN0622 APPLICANT: Chester Solar Technology Park, LLC CHESTERFIELD COUNTY, VIRGINIA BERMUDA DISTRICT ANALYSIS AND RECOMMENDATION Board of Supervisors (BOS) Hearing: SEPTEMBER 25, 2019 BOSTime Remaining: 365 DAYS Contact: SARA BORN (303-775-1773) BRENNEN KEENE (804-775-1005) Planning Department Case Manager: 1,665.1 Acres 13301 Bradley Bridge Road DARLA ORR (804-717-6533) REQUEST Rezoning from Agricultural (A), Regional Business (C-4) and Residential (R-12) to Agricultural (A) with Conditional Use to permit a large scale solar energy facility, electric power transforming substation and switchyard, data center, above ground water storage tank with communications antenna, and wastewater pumping station uses plus Conditional Use Planned Development to permit exceptions to ordinance requirements. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B.Proffered Conditions, Textual Statement, Exhibit and Solar Ordinance are located in Attachments 1-4. SUMMARY A 150 MWAC large scale solar energy facility and associated equipment, such as an electric transforming substation and switchyard, to accommodate interconnection with the electric utility grid; one (1) data center on 300 acres; two (2) above ground water storage tanks with collocated communications antenna; and a regional wastewater pumping station are proposed. These uses require approval of a Conditional Use in an Agricultural (A) District. A recent ordinance amendment establishes specific standards for solar energy facilities that address: general layout, location, access, anticipated locations of transmission lines, facility decommissioning, certifications of state and federal approvals, construction activities limits, setbacks, buffers, health and safety, and facility operation and design. The proposed uses will comply with Zoning Ordinance standards, except that approval of Conditional Use Planned Development is requested to eliminate setback requirements from adjacent properties owned by Virginia Electric and Power Company containing overhead electric distribution lines which run internal through the subject property and to permit increased heights for data center building(s) and the water tanks. A conceptual plan identifies the general locations of these uses. (Exhibit A) Dedication of a conservation easement around an existing lake and 30-foot wide trail easement around the perimeter of the property is planned. Providing a FIRST CHOICE community through excellence in public service RECOMMENDATIONS PLANNING APPROVAL COMMISSION PLANNING APPROVAL Proposal complies with Plan relative to land uses, transition and parcel aggregation STAFF Planned solar facility complies with Zoning Ordinance standards for such use As conditioned, impacts on area residential uses minimized TRANSPORTATION - APPROVAL 219SN0622-2019SEPT25-BOS-RPT 319SN0622-2019SEPT25-BOS-RPT Comprehensive Plan Classification: CORPORATE OFFICE/RESEARCH/LIGHT INDUSTRIAL & REGIONAL MIXED USE The designation suggests the property is appropriate for corporate office, laboratories, and light and some moderate manufacturing uses and an area of integrated and highly concentrated office, commercial and higher density residential use. Aggregation/master planning properties to achieve land use compatibility, transition, adequate transportation improvements and economic development . potential is also suggested Surrounding Land Uses and Development Bradley Bridge Rd. Single family uses Branders Larger acreage parcels Bridge Rd. Single family uses Stoney Glen & Stoney Glen South Single family uses - Glebe Point, Glebe Point Estates & Matoax Hundred 419SN0622-2019SEPT25-BOS-RPT PLANNING Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov Zoning History Case Number Request Rezoning to Residential (R-12) of 1,445.4 acres and to Regional Business (C-4) of 169.1 acres with Conditional Use to permit a wastewater pump station and Conditional Use Planned Development to permit exceptions to ordinance standards 06SN0244 Master-planned residential development with 4,998 units (single family, Approved cluster, townhome and multi-family) and 470,000 of neighborhood and (09/2007) regional commercial uses proposed Approval included construction of transportation network to accommodate planned development and phasing for road construction/dedication; use limitations; recreational and pedestrian amenities; and specific development standards for each housing type and commercial area Proposal A 150 MWAC large scale solar energy facility and associated equipment, such as an electric transforming substation and switchyard, to accommodate interconnection with the electric utility grid; one (1) data center on 300 acres; two (2) above ground water storage tanks with collocated communications antenna; and a regional wastewater pumping station are proposed. These uses require approval of a Conditional Use in an Agricultural (A) District. Development of the property will generally conform to the Conceptual Plan. (Exhibit A Attachment 3) Large Scale Solar Facility and Electric Interconnection Equipment Development of the site would comply with recently adopted Zoning Ordinance standards for large scale solar energy facilities (Zoning Ordinance Attachment 4), except that the setbacks would not be required from internal property boundaries. Electric distribution lines are located on these properties owned by Virginia Electric and Power Company which run through the request property. The 50-foot exception to the 50-foot setback from the internal property lines would be appropriate given necessary interconnection with these distribution lines. The Zoning Ordinance requires solar energy facilities to be setback 150 feet from any residentially zoned or occupied properties and 100 feet from any public road or thoroughfare road. These setbacks will be met, and greater setbacks are offered for the substations, switching stations and solar communication and evaluation towers which would be permitted at a maximum height of 80 feet (Proffered Condition 3). The Zoning Ordinance regulations for solar energy facilities address: general layout, location, access, anticipated locations of transmission lines, facility decommissioning, certifications of state and federal approvals, construction activity limits, setbacks, buffers, health and safety, and facility operation and design. The applicants will likely need to selectively remove larger trees within the 100-foot buffers along the eastern and western boundaries to prevent shading of solar panels. 519SN0622-2019SEPT25-BOS-RPT The Ordinance permits certain tree removal within a buffer with tree replacement. At the time of plans review, the applicant will be required to demonstrate, for Planning Department approval, where tree removal may be needed, and replacement evergreen planting offered to further mitigate views of the solar facility (Proffered Condition 11). Selective tree removal would be permitted within the inward 25 of the 100-foot buffer along the western property boundary and 30 50 feet of the 100-foot buffer along the eastern property boundary depending upon the location of the 30-foot trail easement along Branders Bridge Road. (Proffered Condition 11) Data Center Data center use is planned on 300 acres of the request property. While the conceptual plan identifies four (4) potential locations for the data center, only one (1) data center site is permitted (Proffered Condition 3 and Conceptual Plan). The exact location will be determined at the time of plans review. Data center use will comply with Zoning Ordinance standards except that a height exception would permit the data center to have a maximum building height of 80 feet. A 100-foot buffer is required adjacent to any data center site. Greater setbacks than are required by Ordinance are offered for the data center (300 feet) and a 400-foot setback if offered for any back-up power generators for the data center. (Proffered Condition 3 and Textual Statement) Water Tanks With Communications Antenna and Wastewater Pump Station Two (2) above ground water storage tanks with collocated communications antenna would be permitted at a maximum height of 199 feet. While the conceptual plan identifies multiple locations for these water tanks, only two (2) tanks would be permitted (Proffered Condition 3 and Conceptual Plan). The exact locations will be determined at the time of plans review. Communications antenna would only be permitted if mounted to the water tanks. Proffered conditions address tank and antenna design and color, screening mechanical equipment, security fencing, and prohibit lighting and signs and logos. A regional wastewater pumping station would also be permitted, generally as located on the Conceptual Plan. (Exhibit A - Attachment 3) Lake Conservation Easement and Shared Use Trail The applicant has offered to dedicate a conservation easement around the on-site lake as generally identified on the Conceptual Plan (Proffered Condition 4 and Conceptual Plan). A thirty (30) foot wide trail easement is also offered around the perimeter of the property. This shared use trail will become part of the North-South Trail, as identified 4). In addition, a one (1) acre area for future parking and access for the North-South Trail in a location agreeable to the Applicant and the County will be dedicated to the County. The developer of the data center will be required to construct the portion of the trail along Branders Bridge Road. (Proffered Condition 8) As proposed, the anticipated land uses, buffering and setbacks provide an appropriate transition to neighboring residential uses. As such, staff is supportive of this request. 619SN0622-2019SEPT25-BOS-RPT COUNTY TRANSPORTATION Staff Contact: Steve Adams (804-748-1037) adamst@chesterfield.gov In September 2007, the Board approved Case 06SN0244 on the property to permit a maximum of 4,998 residential units and a maximum of 470,00 square feet of commercial uses. The development proposal was anticipated to generate 66,800 average daily trips. The applicant proffered extensive road improvements to address the traffic impact of the proposal. With this request, the applicant is requesting to rezone the property (1,675.1 acres) back to Agricultural (A) with a conditional use to permit a large-scale solar energy facility, electric power transforming station and switch yard, data center, above ground water storage tank and wastewater pumping station uses. The applicant has indicated the property will be developed primarily as a large-scale solar energy facility with the potential for a single data center. Trip generation rates are not available for solar energy facility; however, it is anticipated to be minimal. Assuming a 1,000,000 square foot data center and using trip generation rates for such use, a data center could generate approximately 1,000 average daily trips. Traffic generated by the proposal would be distributed along Branders Bridge Road and Branders Bridge Road. Branders Bridge Road and Bradley Bridge Road are both identified on the ŷƚƩƚǒŭŷŅğƩĻ tƌğƓ as major arterials with a recommended right of way width of 90 feet. Both roads are two-lane facilities. Sections of the roads are substandard, with approximately 10-foot lane widths and no usable shoulders. VDOT minimum geometric design standards recommend these roads have 12-foot lane widths and 10-foot shoulders. In 2018, the traffic count on Branders Bridge Road was 8,600 vehicles per day and Bradley Bridge Road was 3,100 vehicles per day. Section 19.1-231 of the County Code outlines the general requirements to meet the needs of the traffic generated by a proposed development, including acceptable levels of service. The applicant has offered the following: Dedications concurrent with Property development (Proffered Condition 4): 45-foot right-of-way dedication along Branders Bridge Rd & Bradley Bridge Rd frontage 30-foot North-South Trail easement for future shared use path (2.5 miles) 30-foot Trail easement surrounding the Property for future shared use path (6.2 miles) Dedicate one (1) acre to accommodate future parking area for the North-South Trail Right-of-Way dedications with Completion of Decommissioning (Proffered Condition 4): 200-foot East/West Freeway 90-foot North/South Arterial 90-foot Happy Hill East-West Arterial Temporary Construction Access (Proffered Condition 5) - To be provided either: County Property (abandoned railroad right-of-way), from Route 10 to Branders Bridge Rd; Branders Bridge Rd & Bradley Bridge Rd, if County Property not feasible. ΛCĻğƭźĬźƌźƷǤ ƚŅ /ƚǒƓƷǤ tƩƚƦĻƩƷǤ ŅƚƩ ĭƚƓƭƷƩǒĭƷźƚƓ ğĭĭĻƭƭ Ʒƚ ĬĻ ĻǝğƌǒğƷĻķ ğƷ ƷźƒĻ ƚŅ ƭźƷĻ ƦƌğƓ͵Μ 719SN0622-2019SEPT25-BOS-RPT Permanent Vehicular Access (Proffered Condition 5): Solar Facility: 1 access to Bradley Bridge Rd & 3 accesses to Branders Bridge Rd Data Center: 1 access to Bradley Bridge Road or Branders Bridge Road. Staff supports this request. FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Chester Fire Station, Company Number 1 EMS Facility The Chester Fire Station, Company Number 1 VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Willie Gordon (804-674-2907) willie.gordon@vdot.virginia.gov Site is located on the following state maintained roadways: Branders Bridge Road (Route 625) is an Urban Minor Arterial with a 35 MPH o posted speed limit and a 8,000 AADT (2018) Bradley Bridge Road (Route 631) is an Urban Collector with a 45 MPH posted o speed limit and a 2,900 AADT (2018) Conceptual site plan does not specify the exact location for proposed commercial entrances on these two roads. Commercial entrances will be subject to VDOT Access Management policy and minimum spacing standards. The applicant may submit site trip generation data to support a lower entrance classification. VDOT will require the applicant to provide turn lane warrants for any proposed commercial entrances. ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Geography The subject properties generally drain in three directions. The northwestern and western third drains to the southwest to two unnamed tributaries to Swift Creek. The two tributaries drain through sections of the Glebe Point subdivision prior to reaching Swift Creek. The northeastern third drains to the east through three culverts under Branders Bridge Road to Timsbury Creek. The 819SN0622-2019SEPT25-BOS-RPT southeastern third drains to the south directly into Swift Creek. All of the subject properties are located within the Lower Swift Creek Watershed. Natural Resources A Preliminary Jurisdictional Waters of the U.S. Delineation Package has been prepared and submitted to the U.S. Army Corps of Engineers for confirmation. Preliminary information provided in the package indicates the presence of wetlands and streams on the property. Wetlands cannot be impacted without prior approval from the U.S. Army Corps of Engineers and/or the Virginia Department of Environmental Quality. A Resource Protection Area (RPA) Designation must be submitted to the Department of Environmental Engineering prior to the submittal of any site plans for the confirmation of the extent of RPA on the properties. Erosion and Sediment Control Steep slopes greater than 20 percent are difficult to stabilize when disturbed. The steep slopes on the subject properties border the onsite tributaries; therefore, disturbance of these slopes will result in the increased potential for sediment to impact the streams if erosion occurs. These steep slopes should remain in their natural, undisturbed state to the maximum extent practicable, unless otherwise approved by the Department of Environmental Engineering. The applicant has offered Proffered Condition 10.A to address this impact. Approximately two-thirds of the subject properties drain to the Lakeview Reservoir (also known as Swift Creek Lake) in Colonial Heights. As a result of steep terrain, the lake could be impacted from sediment during construction of the properties. Therefore, all sediment basins which will drain in the direction of the Lakeview Reservoir (also known as Swift Creek Lake) in Colonial Heights shall be sized twenty-five percent larger than the minimum sizing requirements of the current edition of the Virginia Erosion and Sediment Control Handbook. In lieu of the larger sediment basins, enhanced erosion and sediment control measures, such as super silt fence (or alternative as approved by the Department of Environmental Engineering) and the application of anionic PAM to denuded areas during construction and final stabilization, may also be provided as directed by the Department of Environmental Engineering at the time of site plan review. The applicant has offered Proffered Condition 10.B to address this impact. PARKS AND RECREATION Staff Contact: Janit Llewellyn (804-751-4482) llewellynja@chesterfield.gov Mission The County supports a high-quality park system to provide residents and visitors with balanced access to active and passive recreation opportunities. The 2018 level of service is 7.5 acres of regional, community and neighborhood parkland per 1,000 persons whereas the target level of service is 9 acres per 1,000 persons. 919SN0622-2019SEPT25-BOS-RPT Nearby Parks & Facilities Existing Parks Harrowgate Park Chester Linear Park Kiwanis Park Chesterfield Community High School Carver Middle School Harrowgate Elementary School Wells Elementary School Public Facilities Plan The tǒĬƌźĭ CğĭźƌźƷźĻƭ tƌğƓ identifies the need for a community park near Branders Bridge and Bradley Bridge roads north of Woodpecker Road. The Bikeways and Trails Chapter of the Comprehensive Plan recommends provision of pedestrian/bicycle facilities along all routes shown on the tƌğƓ and connections from these routes and existing pedestrian/bicycle facilities to adjacent developments. The tƌğƓ shows a route on or along Bradley Bridge Road. Parks & Recreation Master Plan The Parks and Recreation master Plan recommends protection of water resources and riparian areas and public access where appropriate. Recommendation Proposed development should address the Bikeways and Trails Plan recommendations adjacent to the property along Bradley Bridge Road and conservation goals of the Parks and Recreation Master Plan. Summary of Identified Issues Construction of the pedestrian/bicycle facilities has been offered by the applicant along Branders Bridge Road as shown on the Bikeways and Trails Plan. Construction of the remainder of the trail around the property has not been offered. Additional Parks Comments There is an opportunity to connect pedestrians from this development to the Bikeways and Trails and the surrounding community. Other considerations include: Convert the construction access road to the Chester Linear Trail. Reserve land in the northeast portion of the property for a future Community Park between 20 90 acres. 1019SN0622-2019SEPT25-BOS-RPT 1119SN0622-2019SEPT25-BOS-RPT 1219SN0622-2019SEPT25-BOS-RPT UTILITIES Staff Contact: Matt Rembold (804-706-7616) remboldm@chesterfield.gov Existing Water and Wastewater Systems Currently Size of Closest Existing Connection Required by County Utility Type Serviced Lines Code Water No Yes Wastewater No Yes Additional Utility Comments: This property is located in the mandatory water and wastewater connection area for non- residential development. Connection to the public water and wastewater systems will be required by county code. The applicant has offered proffers to connect to public water and wastewater. (Proffered Condition 9) There is an existing 16-inch waterline along Glebe Point Road that terminates approximately 1,400 linear feet from the western boundary of the site. There is also an existing 16-inch waterline along Bradley Bridge Road following the northern boundary line of the site. Both 16-inch waterlines tie back to the 30-inch water transmission line that conveys water from the Appomattox River Water Authority water treatment facility into the Courthouse Pressure Zone along Woodpecker Road and Lewis Road. Elevated water storage and a looped network of adequately sized waterlines will be necessary to serve this site. Wastewater service is not immediately available to the site. There is an existing 18-inch wastewater line that terminates approximately 400 feet from the eastern boundary line of the site. However, due to the topography of the site, only a very small portion of the site (approximately 300 acres) can naturally be served by this wastewater line. There is also limited available capacity (approximately 1.9 MGD) in the wastewater line. The remaining acreage naturally drains toward Beach Branch and Swift Creek along the southern boundary of the site. This portion of the site will need a regional wastewater pump station, adequately sized and located to serve the proposed development and surrounding area. The discharge location of the pump station shall be determined during detailed engineering design. The Utilities Department has completed some preliminary engineering on the impact of this proposed development on its water system and determined that with the current proposed improvements of a 2 MG elevated water tank and appropriately sized water distribution system support a data center at this location with a water demand not to exceed 2 MGD. The applicant the property based on the anticipated demands of all proposed uses prior to any site plan approvals on the property, this will include the aforementioned utility improvements. Water demands greater than 2 MGD will require additional water system improvements. This may include construction of a second elevated water storage tank and offsite pumping and transmission improvements. These improvements will depend on the actual water demand that develops on the site. Therefore, the applicant has proffered to participate in their pro-rata share of all the costs necessary to improve the public water system in order to supply more than 2 MGD to the site. 1319SN0622-2019SEPT25-BOS-RPT The applicant has proffered to construct the improvements shown on the Overall Systems Plan to meet the utility demands of the property. Likewise, the applicant has proffered to dedicate land and easements for the regional water and wastewater facilities on this property consistent with the Overall Systems Plan. (Proffered Condition 9) The Utilities Department supports this case. 1419SN0622-2019SEPT25-BOS-RPT CASE HISTORY Applicant Submittals 6/4/19 Application submitted 6/14, 6/17, Revised proffered conditions, Textual Statement and exhibits submitted. 6/18, 6/27, 7/5, 7/22, 8/1 & 8/9/19 Community Meeting 6/25/19 Discussion: Solar facility to operate for approximately 35 years; afterwards could continue use (recommission) or discontinue use (decommission); ordinance requires decommissioning plan About 500 acres will be developed; remaining acreage remain undisturbed Industry studies indicate slight increase in temperature from solar energy heating effects; studies indicate 1 2 degree increase No data center operator currently identified; solar facility operates separate Effects on property values; Applicant built near residential use in Arizona Solar panels absorb light, so no glare; minimal glare from aluminum tracks that hold panels; unnoticeable by neighbors No access from solar facility through stubs into adjacent neighborhoods; Plan to use abandoned CSX railroad bed for access to Route 10 during construction; if cannot upgrade that area, plan to idge Road; applicant required to repair any damage from construction traffic No separate hearing on data center; final location of data center through site plan review Smells unlikely from pumping station as raw sewage not accepted Visibility from adjacent properties; integrity of buffer during winter; visibility of data center due to proposed building height Support current proposal over industrial or residential use; less traffic Fencing planned around pods of solar panels, not entire site Construction hours to comply with ordinance; daytime; installing piles will create most noise (60dba at 100 feet); other construction is assembly Possible livestock on property; plan to use pollinating grass No effects on area local wells; no utilities for solar use; data center will be connected to public water and wastewater on Lewis Road Federal tax incentives to be used, not local and state tax incentives Data center use will pay for cost of on-site utilities infrastructure Support proposed trail and conservation area for public use 1519SN0622-2019SEPT25-BOS-RPT Planning Commission 7/8/19 Work Session Staff and Applicant presented details of case. There was no public comment. 7/16/19 ON THEIR OWN MOTION AND WITH COMMISSION DEFERRED THIS CASE TO THEIR AUGUST 20, 2019 MEETING. 8/20/19 Citizen Comments: Less traffic than existing zoning; ensure necessary improvements made to roads East/West Road dedication delayed until after decommissioning of solar facility Demand for water use and two above ground storage tanks; infrastructure costs should be developers Question health/environmental risks of solar facilities; ensure environmental areas protected; not over develop property Involvement of citizens in zoning process Timing of trail construction Support for project; data centers look for green energy Low impact uses; extremely lower traffic impact Setbacks for solar facility from adjacent residential uses Trail to be trail Property includes wetlands, steep slopes and Resource Protection Areas which will be avoided; majority of property will be undisturbed; denuded areas to be re-seeded with pollinator grasses Solar panels will not include cadmium; after storm events, repairs made immediately due to investment of developer Commission Discussion: In response to questions from Commissioners, staff clarified that the perimeter buffers and greater setbacks would minimize visibility of the data center even with height increase and that the developer will be responsible for constructing infrastructure to meet public water and wastewater demands Recommendation APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1. Motion: Sloan Second: Freye AYES: Jackson, Freye, Jones, Sloan and Stariha 1619SN0622-2019SEPT25-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS August 9, 2019 Note: Both the Planning Commission and staff recommend acceptance of the following proffered conditions, as offered by the applicant. -2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 780-644-8171, 781-637-6541, 781-639-3251, 781-641-6250, 783-635-0505, and 784-641- developed according to the following conditions if, and only if, the rezoning request for are granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. Exhibit A revised June 20, 2019. 1.Master Plan. The textual statement last revised July 5, 2019, shall be considered the Master Plan. (P) 2.Conceptual Plan. Exhibit A shall be considered the Conceptual Plan for the proposed development. Development of the Property shall conform generally to the Conceptual Plan and as further provided herein. (P) 3.Uses. The uses permitted on the Property shall be as set forth below: enter site shall be i. allowed on the Property in one of the areas generally shown on Exhibit A, provided: The exact location shall be established at the time of site plan (a) review. The Data Center site shall be a maximum of 300 acres. (b) The Data Center building shall be set back a minimum of 300 feet (c) from the external Property boundaries. Large scale solar energy facility, including production and storage, and ii. ancillary equipment needed to operate and maintain the Solar Facility Communication Tower co-located with the water storage tanks. iii. Two (2) above- iv. mounted communications equipment up to a maximum height of one hundred and ninety-nine (199) feet provided: 1719SN0622-2019SEPT25-BOS-RPT All mechanical equipment located on or associated with any (a) building or structure for the Water Tank shall be screened from adjacent properties and public rights-of-way in accordance with the Emerging Growth District standards. This condition shall not require screening for the Water Tank structure or communications equipment. The Water Tank shall be a new composite style elevated water (b) storage tank meeting the Utilities Department requirements. The Water Tank shall be secured by a minimum eight (8) foot high (c) fence designed to preclude trespassing. There shall be no signs or logos permitted on the Water Tank or (d) communications equipment. The Water Tank shall be white, grey, or another neutral color, (e) acceptable to the Planning and Utilities Departments. The communications equipment (antennas, mounting hardware, cables, etc.) mounted on the outside of the Water Tank shall be the same or similar color as the Water Tank. Except for security lighting over the access doors at the base of (f) the Water Tank, the Water Tank and communications equipment shall not be lighted unless required by the Federal Aviation Administration or the Federal Communications Commission. Regional Wastewater Pumping Station operated by Chesterfield County v. Utilities Department. The Regional Wastewater Pumping Station together with the various structures and appurtenances shall be constructed and secured by a minimum eight (8) foot high fence designed to preclude trespassing. Utility Interconnection Equipment. The potential locations of utility vi. interconnection equipment are shown on Exhibit A. Subject to the requirements below, the final location and type of utility interconnection equipment will be determined once the results of the utility interconnection studies have been completed. A copy of the interconnection study shall be provided to the Planning Department at the time of site plan review. Substations, defined as a series of electrical equipment that (a) allows the voltage of energy to be stepped up or stepped down to meet the transmission line voltage. Any substation needed for the Solar Facility shall be located a minimum of 150 feet from the external Property boundaries. Should a separate substation and/or back-up power generators be (b) required for the Data Center, such equipment shall be located a minimum of 400 feet from the external Property boundaries. Switchgear Interconnection System(s). A switchgear (c) interconnection system is a set of equipment used to connect a 1819SN0622-2019SEPT25-BOS-RPT lower voltage of energy collected from the Solar Facility to a utility level distribution system, defined as less than 69 kV. If provided on the Property, the switchgear interconnection systems shall be located a minimum of 150 feet from the external Property boundaries, except for any overhead lines that interconnect onto existing utility lines. Switchyard. The utility-owned switchyard serves as the point of (d) interconnection and allows the power to go onto the transmission grid, while also providing a mechanism to isolate the Solar Facility from the electric grid, if needed. The switchyard is located directly adjacent to a transmission level electric line and is often directly adjacent to the substation. Any switchyard shall be located a minimum of 150 feet from the external Property boundaries. Microwave or radio communication equipment, meteorological (e) evaluation towers (MET), WMS (Weather Monitoring Station), and related or similar equipment needed to communicate with interconnecting utilities, off-takers, and SCADA systems and to monitor the Solar Facility provided they shall not exceed eighty (80) feet in height and shall be located a minimum of 300 feet from the external Property boundaries. Any use permitted by-right or with restrictions in the Agricultural zoning vii. district. (P) 4.Right-of-Way Dedications and Easements. A.The following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County, prior to the time of issuance of the building permit for the portion of the Property associated with the building permit. Forty-five (45) feet of right-of-way on the west side of Branders Bridge i. Road immediately adjacent to the Property, measured from the centerline of the road. Forty-five (45) feet of right-of-way on the south side of Bradley Bridge ii. Road immediately adjacent to the Property, measured from the centerline of the road. Dedication of an area for a future parking lot and access to the North- iii. South Trail (defined below), not to exceed one (1) acre, at a mutually agreed location between the Developer and Chesterfield County. B.The following easements shall be dedicated to and for the benefit of Chesterfield County prior to the time of issuance of the building permit for the portion of the Property associated with the building permit. The trail easement locations shall be determined at the time of site plan review at a mutually agreed location between the Developer and Chesterfield County and may meander through the setback/buffer as necessitated by the Property development. 1919SN0622-2019SEPT25-BOS-RPT - i. a future s Trails Plan, a component of the Comprehensive Plan (approximately 2.5 miles. Thirty (30) foot trail easement adjacent to the northern, western, and ii. southern Property lines, to accommodate a future shared use path surrounding the Property (approximately 6.2 miles). This trail easement will provide an easement that encircles the Property and ties into the North-South Trail at each terminus. C.Prior to any site plan approval, a phasing plan for the dedications and easements referenced in Proffered Conditions 4.A. and 4.B., shall be submitted to and approved by the Transportation Department and such phasing plan shall include provisions that the first dedication shall not occur prior to site plan approval for that portion of the Property associated with the site plan. These dedications and easements shall be made in accordance with the approved phasing plan. D.Upon the final completion of the decommissioning of the Solar Facility the following rights-of way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Ninety (90) feet of right-of-way, based on VDOT Urban Minor Arterial (50 i. mph) standards with modifications approved by the Transportation Department, for an ea-West through the Property to the western Property boundary. Ninety (90) feet of right-of-way, based on VDOT Urban Minor Arterial (50 ii. mph) standards with modifications approved by the Transportation Branders Bridge Road at the northern Property line, through the Property to the East/West Freeway. Two hundred (200) feet of right-of-way, based on VDOT Rural Principal iii. Arterial (60 mph) standards with modifications approved by the Transportation Department, for an east/west limited access facility the western Property line to Branders Bridge Road. E.In the event the Chesterfield County Thoroughfare Plan is modified to reduce or remove right-of-way dedications or easements referenced in Proffered Conditions 4.A., 4.B. and 4.C., then those right-of-way dedications or easements shall be reduced or removed accordingly, as determined by the Transportation Department. (P and T) 5.Access. A.Temporary construction access for the Solar Facility from Route 10 to the Property shall be limited to Tax Identification Number 785-648-2579 ( County at no cost to the Developer (other than permit/licensing fees). If the Developer determines in good faith that it cannot use the County Property for 2019SN0622-2019SEPT25-BOS-RPT the temporary construction access due to costs or development impediments be developed with, and approved, by the Transportation Department. Such Access Plan may impose reasonable costs on the Developer proportionate to B.Direct vehicular access, including personal or company vehicles (SU-30 or smaller) to the Solar Facility shall be permitted to and from Bradley Bridge Road a Exhibit A. C.Except for access to any Water Tank or the Regional Wastewater Pumping Station, direct vehicular access to the Data Center Site shall be limited to one (1) entrance/exit to either Branders Bridge Road or Bradley Bridge Road. D.There shall be no direct vehicular access to Glebe Point Road or Skybird Road in the Glebe Point Subdivision or Pointer Run Road in the Glebe Point Estates Subdivision. E.The exact design and location of each access shall be approved by the Transportation Department. (T) 6.Road Improvements. A.If the Developer uses the County Property for temporary construction access, then prior to commencement of the Solar Facility construction, the Developer shall construct an adequate temporary construction access road through the County Property to accommodate construction traffic for the duration of construction. B.If the Developer is unable to use the County Property for temporary construction access, then the Developer shall provide reasonable compensation for damage caused due to construction traffic on roads used, in accordance with the Access Plan as referenced in Proffered Condition 5.A. (T) 7.Conservation Easement. Prior to the issuance of the building permit for the land directly adjacent to the lake, shown on sheet C4.0 on Exhibit A, the developer shall dedicate a conservation easement, as shown on sheet C4.0 on Exhibit A, to Chesterfield County or to another party as requested by the County. (P and EE) 8.Trail. The Developer of the Data Center shall construct the North-South Trail referenced in Proffered Condition 4.B.i. as determined at the time of site plan approval for the Data Center. (P and P&R) 9.Water and Wastewater. A.All applicable uses with permanent buildings that require water and wastewater systems shall be served by county water and county wastewater. B.The Developer shall provide an Overall Water/Wastewater Systems Plan or all proposed uses including the Data Center. The Overall Systems Plan shall be submitted to the Utilities Department for review and approval prior to the final 2119SN0622-2019SEPT25-BOS-RPT approval of any site plan for the Property. The Overall Systems Plan shall include, but not be limited to the following: A minimum of two (2) adequately sized connections to the Courthouse i. Pressure Zone for redundancy, looped through the Property. A minimum of one (1) adequately sized interconnection between the ii. Courthouse and Chester Pressure Zones, at a location acceptable to the Utilities Department, with any infrastructure necessary for operation of the interconnection(s). A minimum of one (1) two-million-gallon elevated Water Tank to be iii. constructed at a location with an elevation acceptable to the Utilities Department. The Water Tank is to be operated in the Courthouse Pressure Zone unless otherwise approved by the Utilities Department. The Water Tank is to be constructed in conjunction with the first Data Center building on the Property and shall be operational prior to the issuance of the first certificate of occupancy. Any off-site water and wastewater improvements needed to provide the iv. volume of water delivery and wastewater conveyance required for the development of the Property. Detailed engineering analysis of the impact the proposed Property v. development will have on the existing water and wastewater systems to determine proposed water and wastewater infrastructure sizing, locations of facilities, points of connection/interconnection for the water system and appropriate discharge point for the force main for the Regional Wastewater Pumping Station. A Regional Wastewater Pumping Station adequately sized and vi. appropriately located to provide service to the Property, adjacent properties, and the applicable surrounding sewer shed service area. The improvements proffered herein are the minimum improvements vii. needed to support the Property with a water and/or wastewater demand not to exceed two-million-gallons per day. Should the Property require a greater water and/or wastewater demand, the Developer shall participate in its pro-rata share of all the costs necessary to improve the County water and/or wastewater system to supply the water and/or wastewater demand generated by the anticipated uses on the Property. C.The Developer shall construct all improvements shown on the Overall Systems Plan necessary to meet the demands of the Property. Phased construction of the Overall Systems Plan improvements shall be allowed to meet the phased demands of the Property. D.Following approval of the Overall Systems Plan (developed to accommodate the construction of regional water or wastewater facilities) and approval of the site plan for the Solar Facility or Data Center, the mutually agreed utility easements and dedication of property located on that portion of the Property included within the site plan and consistent with the Overall Systems Plan shall be 2219SN0622-2019SEPT25-BOS-RPT provided to the County, at no cost to the County. Dedications of shall be provided as described below. Property for each Water Tank, which shall be a minimum of two (2) acres i. up to a maximum of five (5) acres, together with the appropriate access to a public road. Property for the Regional Wastewater Pumping Station, which shall be a ii. minimum of three (3) acres up to a maximum of seven (7) acres, together with the appropriate access to a public road. E.Solar Facility equipment installed in accordance with the Overall Systems Plan shall not be removed to accommodate the regional water and wastewater facilities, easements, and accesses unless mutually agreed upon by the Solar Facility, the entity responsible for the water and wastewater facilities construction, and Chesterfield County. (U) 10.Environmental Engineering. A.Steep slopes greater than 20% shall remain in their natural, undisturbed state to the maximum extent practicable except when removal of tall trees is needed to prevent shading of the solar panels. In such cases, only the trees shall be removed and all other vegetation shall remain undisturbed and no clearing or grubbing shall be permitted. B.For all portions of the Property that drains in the direction of the Lakeview Reservoir (also known as Swift Creek Lake) in Colonial Heights, one of the following erosion and sediment control measure shall be used. All sediment basins shall be sized twenty-five percent (25%) larger than i. the minimum sizing requirements of the current edition of the Virginia Erosion and Sediment Control Handbook. OR Enhanced erosion and sediment control measures, such as super silt ii. fence (or alternative as approved by the Department of Environmental Engineering) and the use of anionic PAM during construction will be provided in accordance with the design and standards set forth by the Department of Environmental Engineering at the time of site plan review. C.For the portions of the properties which drain to the west to the Glebe Point subdivision and east to Branders Bridge Road, the maximum post-development drainage discharge rate for the 100-year storm shall be based on the maximum capacity of the existing facilities downstream, and shall not increase the recorded and/or established 100-year backwater and/or floodplain. On-site detention of the post-development discharge rate for the 100-year storm to below the pre-development discharge rate may be provided to satisfy this requirement. (EE) 11.Buffers. A 100-foot buffer shall be provided in accordance with Zoning Ordinance requirements and subject to the restrictions below. 2319SN0622-2019SEPT25-BOS-RPT A.Selective tree removal shall be permitted at the time of plans review provided the Developer shall demonstrate to the Planning Department where selective removal of individual trees is necessary, as permitted in the ordinance, and/or is necessary for removal to limit shading of solar panels. When the North-South Tra i. Bridge Road, removal of taller vegetation within the buffer to limit shading of solar panels shall be permitted within the westernmost thirty (30) feet of the 100-foot buffer closest to the Solar Facility. OR When the North-South Trail easement is located within the westernmost ii. fifty (50) feet of the 100- removal of taller vegetation within the buffer to limit shading of solar panels shall be permitted within the westernmost fifty (50) feet of the buffer closest to the Solar Facility. Removal of taller vegetation within the buffer located along the western iii. Property line to limit shading of solar panels shall be permitted only within the easternmost twenty-five (25) feet of the 100-foot buffer closest to the Solar Facility. B.Where further mitigation of views of the solar facility is needed, the Developer shall plant continuous evergreen vegetation in the areas where approval is granted for selective tree removal, unless the Planning Department deems that remaining existing vegetation within the buffer clearly mitigates visibility of the Solar Facility from adjacent properties and public rights-of-way. (P) 2419SN0622-2019SEPT25-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT July 5, 2019 Conditional Use Planned Development ("CUPD") to permit zoning ordinance exceptions, as described below, for property known as Chesterfield County Tax Identification Number 780-644- 8171, 781 637-6541, 781-639-3251, 781-641-6250, 783-635-0505, and 784-641-6810 (the Exhibit A revised June 20, 2019. 1.Setback Exceptions. Solar energy output is critical for a solar facility. To maximize efficiency it is important that the solar panels received optimal sunlight throughout the day with minimal shading. In order to minimizing shading and maximize the area for solar panel installation, no setback shall be required adjacent to Tax ID numbers 781- 639-5686 and 782-644-2839. These parcels are owned by Virginia Electric & Power Company and used for overhead electric distribution lines. 2.Height Exceptions. A.Data Center buildings shall be permitted up to a maximum height of eighty (80) feet. B.Water Tanks shall be permitted up to a maximum height of one hundred and ninety-nine (199) feet. 2519SN0622-2019SEPT25-BOS-RPT ATTACHMENT 3 EXHIBIT A: MASTER PLAN June 20, 2019 2619SN0622-2019SEPT25-BOS-RPT 2719SN0622-2019SEPT25-BOS-RPT 2819SN0622-2019SEPT25-BOS-RPT 2919SN0622-2019SEPT25-BOS-RPT 3019SN0622-2019SEPT25-BOS-RPT 3119SN0622-2019SEPT25-BOS-RPT 3219SN0622-2019SEPT25-BOS-RPT 3319SN0622-2019SEPT25-BOS-RPT 3419SN0622-2019SEPT25-BOS-RPT 3519SN0622-2019SEPT25-BOS-RPT 3619SN0622-2019SEPT25-BOS-RPT ATTACHMENT 4 ZONING ORDINANCE SECTION 19.1-52 SOLAR FACILITIES Sec. 19.1-52. Uses Generally. OOO D. Special Limitations for Specific Uses . The following uses shall be subject to the limitations as specified: OOO Solar energy facility, large scale. 4.Unless modified or otherwise conditioned by the Board of Supervisors at time of zoning approval, large scale solar energy facilities shall be subject to the following limitations and requirements: a. Project description. In addition to other application requirements, application for a facility must include project overview in textual form that includes estimated completion date and operational lifespan of facility, approximate rated capacity of solar energy system, specified types of solar equipment to be placed on site and description of any supplementary structures or uses. b. General plan. General layout plan shall be provided with application. The plan shall include, at a minimum, location, access points, anticipated location of transmission lines and other utility connections, general location of solar equipment and supplementary facilities to be placed on site, buffers and other items required for zoning applications layout plans. If facility development is to be phased, a general phasing plan should also be included. c. Decommissioning plan. A decommissioning plan shall be submitted for review with initial site plan. A decommissioning plan shall include the following: Contact information for the party responsible for site decommissioning; Timeline for, and written description of, decommissioning procedures which shall include, but not be limited to, removal of any above and below ground tanks, cables, fencing, debris, buildings, structures or equipment, to include foundations and pads, related to the facility and the restoration of solar facility land and related disturbed areas to a natural condition or other approved state. At time of zoning approval, the Board of Supervisors may approve and condition a request by an applicant to have certain items intended to be utilized to serve a permitted use on the site, to remain provided site plan approval is obtained; of 3 feet and restoration of site vegetation and topography to pre-existing condition, provided that the exact method and final site restoration plan shall be subject to site plan review giving, among other things, consideration to impacts upon future site use, environmental and adjacent property impacts. The director of planning may approve a request by the landowner for 3719SN0622-2019SEPT25-BOS-RPT alternatives to site restoration to allow roads, pads or other items which will serve a future permitted site use to remain. Where applicable, if the director of planning determines that a restoration plan significantly deviates from the description and conditions approved by the Board such plan shall require amendment of conditions through the zoning process; A detailed estimate of the cost of decommissioning, which may include net salvage value of such equipment, facilities or devices, and site restoration or, if approved by Board of Supervisors, future site development. If decommissioning is phased then such costs shall be so described and calculated to match phased plan. An estimate shall be prepared by an engineer licensed in the state of Virginia, having expertise in the removal of solar facilities and site restoration as applicable to request; Decommissioning plan, accompanying estimates and surety shall be updated every five years and provided to the director of planning; and Landowner, applicant or facility owner shall provide the county with a surety, acceptable to the director of planning, equal to the estimated costs of the decommissioning and site restoration or redevelopment as applicable. Any such surety shall be provided prior to site plan approval for the facility and shall include the ability for automatic adjustment for inflation or as necessary based upon decommissioning and/or restoration plan update. d. Airport and Federal Aviation Administration (FAA) approval. Prior to site plan approval, applicant shall demonstrate compliance with glint and glare standards of the FAA and approval from and the FAA. e. Construction and decommissioning activity. Except as provided herein, all construction and decommissioning activity shall be limited to the hours of 7 AM to 7 PM Monday through Saturday. Pile driving activity will be further limited to the hours of 9 AM to 5 PM Monday through Saturday. On Sunday, construction and decommissioning activity will be limited to the hours of 9 AM and 5 PM, and further restricted only to light construction or decommissioning activity that does not include pile driving, use of heavy equipment or any other activity that exceeds 60 dBA as measured at property line with any adjacent property not part of facility. f. Traffic management plan. When determined by the directors of planning and transportation that construction or decommissioning activity for the site creates a significant traffic or safety impact upon or damage to area roads or properties, a traffic management plan shall be provided at time of site plan review, which shall include a reasonable road maintenance plan if appropriate under the circumstances. 3819SN0622-2019SEPT25-BOS-RPT g. Setbacks, buffers and screening. The solar facility operational area, to include any buildings, structures, equipment, parking and disturbed areas, shall be setback a minimum 150 feet from any residentially zoned or occupied property, 100 feet from any road or right-of-way shown on the Thoroughfare Plan, and 50 feet from any other road or property; Except where adjacent to electric power facility producing electricity for others or residentially zoned or occupied property, a buffer shall be provided equal to the required setback. Adjacent to residentially zoned or occupied property, the buffer shall be 100 feet in width. Each buffer shall comply with requirements of Perimeter Landscaping C and the requirements of buffers in this chapter; and Excluding solar panel arrays, facility outdoor equipment or storage shall be screened unless determined through site plan review that provided buffer is sufficient to mitigate view from adjacent property or road. h. Access. Access to the property shall be provided for Chesterfield County Fire Department, and where necessary Environmental Engineering, in a manner satisfactory to each department as determined at time of plan review. i. Facility operation and design. Facility design, construction and installation shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Uniform Statewide Building Code and with all other applicable fire and life safety requirements. The type, and manufacturer specifications of, solar panels shall be submitted for review and approval as part of the site plan application and may be modified through request to, and approval, by the director of planning; Prior to start of electricity transmission, documentation shall be provided to the director of planning verifying interconnection agreement or similar agreement with the applicable public utility pursuant to a Power Purchase Agreement (PPA) or other off-taker as permitted by state law or the State Corporation Commission, and notification of when electricity transmission is to begin. The director of planning shall be notified certified mail within 30 days of cessation of such agreement. Where such power distribution is permitted by law, agreements for power distribution which do not require a PPA shall also comply with the above documentation and notification; 3919SN0622-2019SEPT25-BOS-RPT Generation of power shall be limited to photovoltaic panels, provided that any on-site buildings may utilize integrated photovoltaic building materials; Solvents necessary for the cleaning of solar panels shall be biodegradable; Wiring, excluding that which is on a solar array, shall be located underground except where necessary to directly connect to public service corporation; Solar panels shall be placed so as to prevent concentrated solar radiation, heat or glare being directed onto other properties or roads; Onsite lighting shall be the minimum necessary for security or onsite maintenance and shall comply with Sec. 19.1-205; Solar equipment shall not be utilized to provide advertising or function as signs; Except for initial construction or decommissioning activity, maintenance periods or emergency conditions which require temporary use of onsite generator, noise generated by the facility shall not exceed 60 dBA as measured at property line with any adjacent property not part of facility; and Facility owner shall develop a maintenance inspection agreement with the county to provide for inspection of facility and panels. j. Height. Excluding transmission utility poles serving the site, no buildings, structures, solar panel arrays or other equipment utilized on the site shall exceed 25 feet in height. The director of planning may approve the permitted height to be exceeded where due to terrain, screening or other mitigation visibility of a structure is minimized; k. Transmission lines. Except for lines that are solely subject to State Corporation Commission jurisdiction, and where necessary for lines to directly connect to existing transmission lines, new transmission lines are subject to site plan review and shall not be located above ground. The director of planning may approve use of above ground transmission lines where determined during plan review that such action would mitigate impact upon protected environmental features or there exist other site-specific features where underground placement of lines is not feasible. l. Health and safety. Security fencing shall be provided for areas of facility operation a minimum of 6 feet in height, having barbed wire or similar along top and providing secured gates. Alternative method of security may be approved at time of site plan approval where demonstrated that such method meets or exceeds intended security of fencing. 4019SN0622-2019SEPT25-BOS-RPT m. Change of facility owner. The director of planning shall be notified by certified mail of any change in ownership and, if different, party responsible for decommissioning of facility within 60 days of such change. n. Decommission, abandonment and maintenance compliance. Planning shall be notified by certified mail 30 days prior to the intended decommissioning of a solar facility; Damaged or unusable panels or arrays shall be removed from site within 60 days of removal from service; A solar facility, or any portion thereof, shall be considered abandoned where not utilized for the generation and distribution of electricity for a continuous period of six months. The director of planning may extend such time period where evidence is provided by the facility owner or operator demonstrating that the failure to utilize the facility for power generation is beyond the reasonable control of owner or operator, the facility is operationally capable of generation and has not been abandoned; and Decommissioning procedures shall be completed within 1 year of decommissioning notice, abandonment of a solar facility, or a shorter time period where in writing building official or other county official determines the facility or some aspect thereof to be unsafe. If facility owner fails to meet decommissioning requirements or comply with a request for removal or repair, the county may at its option: remove and salvage facility equipment and structures and perform related o restoration using provided surety. If the decommissioning surety and salvage recompense is insufficient, the county shall have the right to recover such costs from facility owner to include legal fees, expenses and fines; or pursue legal recourse to have the solar facility, or portion thereof as o expense. The county may seek to recover its costs, legal fees and legal expenses incurred to have the facility decommissioned in compliance with approved plan. 4119SN0622-2019SEPT25-BOS-RPT