DRRC 08-24-17 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
To: Development Review and Regulations Committee
From: M. Tyler Klein, AICP, Planner
Subject: August 24, 2017 Meeting and Agenda
Date: August 17, 2017
The Frederick County Development Review and Regulations Committee (DRRC) will be
meeting on Thursday, August 24, 2017 at 7:00 p.m. in the first floor conference room (purple
room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The
DRRC will discuss the following agenda item:
AGENDA
1) Residential Separation Buffer. Discussion of a request to modify requirements for
residential separation buffers in the RP (Residential Performance) Zoning District.
2) Solar (Photovoltaic) Power Plant. Discussion of a request to add solar (photovoltaic)
power generating facilities to the use list for the RA (Rural Areas) Zoning District.
3) Other.
Please contact this office if you will not be able to attend the meeting. Thank you.
Access to this building is limited during the evening hours. Therefore, it will be necessary to
enter the building through the rear door of the four-story wing. I would encourage committee
members and interested citizens to park in the County parking lot located behind the new
addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of
the four-story wing.
MTK/pd
Attachments
Item #1: Residential Separation Buffers
Staff has received an amendment request to Chapter 165 – Zoning Ordinance to modify the
required residential separation buffer requirements in the RP (Residential Performance) Zoning
District. This item was previously discussed at the April 27, May 25, and July 27, 2017 DRRC
meetings, pertaining to an Applicant request to allow a reduction, elimination or modification to
the residential separation buffer requirements for infill-type developments. This item was
forwarded to the Planning Commission for discussion at their June 7, regular meeting. The
Planning Commission requested that the proposed amendment go back to the Committee for
additional discussion. Following discussion at the July 27, DRRC meeting, staff drafted a new
revision to the Zoning Ordinance to reduce the required buffer type categories between certain
housing types. Staff would like to discuss with the DRRC the current Zoning Ordinance
requirements and the proposed revisions.
If the DRRC is supportive of this ordinance amendment, Staff will forward it to the Planning
Commission and Board of Supervisors for discussion.
Attachments: 1. Zoning Ordinance - Proposed Revisions (additions show in highlighted
bold underlined italics).
2. Zoning Ordinance – Buffer & Screening Diagrams
Article II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES
Part 203. Buffers and Landscaping
§ 165-203.02. Buffer and screening requirements.
C. Residential separation buffers. Residential separation buffers shall be established to adequately
buffer different housing types from dissimilar housing types within adjacent separate developments.
The requirements for residential separation buffers are as follows:
(1) When placed adjacent to one another, developments with different housing types shall
provide the following residential separation buffers:
Minimum Residential Separation Buffer Area Required
Proposed Use/Development Adjoining Existing Use/Development
1 2 3 4 5
1. Single-family detached - - A B B
2. Single-family zero lot line or small lot - - A B B
3. Multiplex or Townhouse A A - B B
4. Garden apartment of multifamily buildings C C B - A
5. Age-restricted multifamily C C C - -
Item #2: Solar Farms Discussion
Staff has received an amendment request to Chapter 165 – Zoning Ordinance to add solar power
plants (i.e. solar (photovoltaic) farms) to the RA (Rural Areas) Zoning District use list. Solar
power plants are generally defined as a “utility-scale commercial facility, which uses solar
energy specifically for the conversion of sunlight by photovoltaics (a technology that converts
light directly into electricity).” Staff previously sought support to bring forward this request at
the July 27, DRRC meeting under “Other” items. Staff is seeking to facilitate a discussion
regarding the inclusion of solar farms in the RA Zoning District, and potential supplemental use
regulations as appropriate. Staff will provide a brief overview of solar farms in Virginia, and
how other localities are approaching this emerging technology.
Staff will take any feedback garnered at this meeting and draft a new proposed text amendment,
which will come back to the DRRC for further discussion at a future meeting (TBD).
Attachments:
1. “Let the sunshine in – making localities solar-friendly” – Virginia Town
& County Magazine, June/July 2017
2. Comparison of Virginia Localities Solar Farm Regulations
3. GIS Analysis of Potential Sites in Frederick County
Comparison of Virginia Localities Solar Farm Regulations
Albemarle County, VA
Definition: Solar energy systems. An energy conversion system consisting of
photovoltaic panels, support structures, and associated control, conversion, and
transmission hardware occupying one -half acre or more of total land area.
Permitting: Special Use Permit in Rural Areas district
Supplemental Use Regulations: No supplemental use regulations; subject to conditions
during application process.
Rockingham County, VA
Definition: Solar energy facility, large.
Permitting: Special Use Permit in Agricultural district
Supplemental Use Regulations :
Ground-mounted:
(1)
Solar energy facilities shall not exceed twenty -five (25) feet in height when
oriented at maximum tilt.
(2)
Any glare generated by the system must be mitigated or directed away from an
adjoining property or from any road when it creates a nuisance or safety
hazard.
(3)
An ocular-impact study must be performed for airports within five (5) miles of
the project site and for public roads within sight of the system. The analysis
shall be performed using FAA Solar Glare Hazard Analysis Tool (SGHAT) to
demonstrate compliance with FAA standards for measuring ocular impact.
(4)
In the zoning districts that have required setbacks, the array shall, at a
minimum, meet setback re quirements for primary structures except among and
between participating landowners' parcels.
(5)
In zoning districts that have no required setbacks, the array shall be located in
such a manner that it does not encroach on any adjoining property except
among and between participating landowners' parcels.
(6)
Solar energy facilities shall not encroach into any easements.
Appearance:
(1)
The solar energy facility shall be maintained in the color or finish that was
originally applied by the manufacturer.
Comparison of Virginia Localities Solar Farm Regulations
(2)
All signs, other than the manufacturer's identification, installer's identification,
appropriate warning signs, or owner's identification shall be prohibited.
Removal:
(1)
At such time that a solar energy facility is scheduled to be abandoned or
discontinued, the owner of the facility shall notify the county by certified U.S.
mail of the expected date of abandonment or discontinuation of operations.
(2)
Within three hundred sixty-five (365) days of the date of abandonment or
discontinuation, the owner of t he system shall physically remove all
components of the solar energy facility. If not removed within the allotted time,
the county may have it removed at the expense of the property owner.
Accomack County, VA
Definition:
o Solar energy system, large, means a private solar energy conversion system
consisting of photovoltaic panels, support structures, and associated control or
conversion electronics that has a maximum power of not more than 999 kW,
which will be used primarily to reduce onsite consumption of utility power for
commercial and industrial applications.
o Solar energy system, small, means a private solar energy conversion system
consisting of photovoltaic panels, support structures, and associated control or
conversion electronics that has a maximum power of not more than 15 kW, which
will be used primarily to reduce onsite consumption of utility power for residential,
noncommercial, small commercial, and small industrial applications.
o Solar energy system, utility scale, means a solar energy conversion system
consisting of photovoltaic panels, support structures, and associated control or
conversion electronics, which has a rated capacity more than one MW or greater
to provide electricity to the local utility provider.
Permitting: By right-use (small solar energy system) in Agricultural District; Special Use
Permit (large solar energy system) in Agricultural District; Conditional Use Permit (utility
scale solar energy system) in Industrial District
Supplemental Use Regulations: No supplemental use regulations; subject to conditions
during application process.
Town of Mount Jackson, VA
Definition: Solar energy facility, small scale means a facility that either (a) generates
electricity from sunlight, consisting of one or more photovoltaic (PV) systems and other
Comparison of Virginia Localities Solar Farm Regulations
appurtenant structures and facilities within the boundaries of the site, or (b) utilizes
sunlight as an energy source to heat or cool buildings, heat or cool water, or produce
electrical or mechanical power by means of any combination of collecting, transferring,
or converting solar-generated energy; and (c) meets at least one of the following criteria:
has a disturbance zone equal to or less than two acres; is mounted on or over a building,
parking lot, or other previously disturbed area; or utilizes integrated PV only.
Permitting: Permitted use in Agricultural Zoning District
Supplemental Use Regulations:
(a) The design and installation of all solar energy facilities 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 all fire and safety
requirements.
(b) Solar energy facilities shall comply with all applicable town ordinances and codes.
(c) All solar energy facilities shall comply with the following performance standards:
(1) If the solar energy facility is ground-mounted or mounted on a principal or
accessory building, the facility shall not exceed the maximum building height
specified in section 66-314.
(2) The solar energy facility shall comply with all setback requirements pursuant
to section 66-311.
(3) The lowest surface of any panel shall be a minimum of four feet above the
finished grade on which the panel is located.
(4) All wiring not on the solar arrays shall be underground except where
necessary to connect to the public utility.
(5) Landscaping and screening shall be provided in accordance with section 66-
317.
(6) All broken or waste solar modules shall be removed from the site within 60
days of being taken out of service.
(d) Removal of abandoned solar generating equipment.
(1) A bond, whose amount shall be determined by the town, shall be required to
assure the removal of an abandoned solar energy facility.
(2) Any solar energy facility that has not operated for a period of 12 months shall
be considered unused and abandoned. The owner of an unused facility shall
remove the entire system within six months of receipt of notice from the town
Comparison of Virginia Localities Solar Farm Regulations
notifying the owner of the equipment removal requirement. Removal includes
removing any underground structures or supports and electrical transmission
wire and disposing in accordance with local, state, and federal codes and
regulations.
Clarke County, VA
Definition: SOLAR POWER PLANT, LARGE PHOTOVOLTAIC: is a utility-scale
commercial facility with a rated nameplate capacity greater than 100kW (DC), which
uses solar energy specifically for the conversion of sunlight into electricity by
photovoltaics (a technology that converts light directly into electricity).
Permitting: Special User Permit in Agricultural-Open Space-Conservation District.
Supplemental Use Regulations:
Solar Power Plant, Large Photovoltaic
The following regulations establish minimum requirements and standards for the
placement, construction and modification of large photovoltaic solar power plants, while
promoting the safe, effective and efficient use of such energy systems.
1. Location
If such plant is not part of a “behind-the-meter” program, then such plant shall be
adjacent to and all facilities located within one mile of a pre-existing electrical sub-station
of 138 kV or higher voltage.
2. Minimum Lot Size
No such plant shall be erected on any lot less than twenty acres in size.
3. Setbacks All above ground facilities associated with such plant (excluding perimeter
security fencing) shall be considered a structure for the purposes of determining required
setbacks.
4. Safety/Access A security fence (height and material to be established through the
special use permit process) shall be placed around the perimeter of the solar power
plant and electrical equipment shall be locked. Knox boxes and keys shall be provided at
locked entrances for emergency personnel access. Warning signage shall be placed on
electrical equipment and plant entrances.
5. Noise
No such plant shall exceed sixty-five dBA as measured at the property line or fifty dBA
as measured at the nearest neighboring inhabitable building.
6. Landscaping
Such a power plant shall be considered a commercial use for the purposes of
determining landscaping requirements.
Comparison of Virginia Localities Solar Farm Regulations
7. Local, State and Federal Permits
Such a plant shall be required to obtain all necessary permits from the U.S. Government,
Commonwealth of Virginia, and Clarke County, and comply with standards of the major
code and safety organizations that apply to generation projects (the National Fire
Protection Association (NFPA), Underwriters Laboratories (UL), and Institute of Electrical
and Electronics Engineers (IEEE)).
8. Electrical Interconnections.
All electrical interconnection or distribution lines shall comply with all applicable codes
and standard commercial large-scale utility requirements. Use of above ground
transmission lines shall be minimized.
9. Additional Special Use Criteria
The following topics shall be addressed in a Special Use application for such plant in
addition to the Special Use Review Criteria in Section 5-B-4:
A. Project description and rationale
Identify the type, size, rated power output, performance, safety and noise
characteristics of the system, including the name and address of the
manufacturer, model. Identify time frame, project life, development phases, likely
markets for the generated energy, and possible future expansions;
B. Economic analysis
Provide economic cost/benefit analysis describing generated property taxes,
sales taxes, other taxes, construction dollars spent locally, estimated
construction jobs and construction payroll, estimated permanent jobs and
continuing payroll, and costs associated with impact on roads and other county
infrastructure in the area;
C. Visual impacts, appearance and scenic view sheds;
Provide visual simulations providing vantage points considering a three hundred
sixty degree view of the project site;
D. Wildlife habitat areas and migration patterns
Address potential impact on wildlife especially endangered or threatened
species, on the site and in a biologically significant area surrounding the site;
E. Environmental analysis
Identify impact analysis on historic, cultural and archaeological resources, soil
erosion, flora in the project area, water quality and water supply in the area, dust
from project activities, and cumulative impacts of other adjacent power plant
projects;
Comparison of Virginia Localities Solar Farm Regulations
F. Waste
Identify solid waste or hazardous waste generated by the project and methods of
disposal;
G. Lighting
Provide lighting plan showing impacts on adjacent properties;
H. Transportation plan
Provide access plan during construction and operation phases. Show proposed
project service road ingress and egress access onto primary and secondary
routes, layout of the plant service road system and degree of upgrade plan to
new and existing roads, anticipated volume and route for traffic, including
oversized and heavy equipment needed for construction, maintenance and
repairs, methodology of repairs and maintenance of roads and bridges used for
the project, and related public pedestrian and vehicular access and associated
fencing;
I. Public safety
Identify emergency and normal shutdown procedures. Identify potential hazards
to adjacent properties, public roadways, communities, aviation, etc., that may be
created and address response to such hazards;
J. Noise limitations
Identify noise levels at the property line of the project boundary;
K. Telecommunications interference
Identify electromagnetic fields and communications interference generated by the
project;
L. Life of the project and final reclamation
Describe the decommissioning and final land reclamation plan after anticipated
useful life or abandonment or termination of the project, including evidence of an
agreement with the property owner that ensures proper final removal of power
generating equipment.
Middletown
StephensCity
Winchester
0155
01259
012770111
01127
017
0150
01522
01522
0137 0150
0111
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IMap Produced by Frederick County Planning and Development Dept.August 9, 2017
Potential Solar Sites
0 3.5 71.75 Miles
Electrical Transmission Site
Electrical Transmission Site - 1 mile buffer
Electrical Transmission Sites
Electrical Transmission Sites - 1 mile buffer
Potential Solar Sites
Future Rt 37 Bypass