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PC 02-17-21 Meeting Agenda
1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.December 17, 2020 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Conditional Use Permit #01-21 for Hollow Road Solar, LLC - (Mr. Klein) Submitted to construct a 20-megawatt utility-scale solar facility on properties totaling approximately 326-acres +/-. The subject properties are located generally southeast of Parishville Road (Route 610) and Anchorage Lane in the vicinity of Gore and within Frederick County, Virginia and are identified with Property Identification Numbers (PIN) 27-A-8, 27-A-11, and 27-A-12 and in the Gainesboro Magisterial District. The property identified with PIN 27-A-8 will only be used for a subsurface interconnection easement and ingress/egress; no solar arrays (panels) or supporting equipment will be sited on PIN 27-A-8. 7.Information/Discussion 7.A.Ordinance Amendment - Boat Repair in the RA Zoning District - (Mr. Klein) AGENDA PLANNING COMMISSION WEDNESDAY, FEBRUARY 17, 2021 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC02-17-21MinutesDecember17.pdf PC02-17-21CUP01-21.pdf PC02-17-21CUP01-21PublicComments.pdf 1 8.Other 9.Adjourn PC02-17-21OABoatRepairRADistrict.pdf 2 Planning Commission Agenda Item Detail Meeting Date: February 17, 2021 Agenda Section: Meeting Minutes Title: December 17, 2020 Meeting Minutes Attachments: PC02-17-21MinutesDecember17.pdf 3 Frederick County Planning Commission Page 3772 Minutes of December 17, 2020 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 17, 2020. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; J. Rhodes Marston, Back Creek District; John F. Jewell, Back Creek District; Alan L. Morrison, Member at Large; Roderick B. Williams, County Attorney. ABSENT: Charles E. Triplett, Gainesboro District; Kathleen Dawson, Red Bud District; Christopher M. Mohn, Red Bud District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the December 17, 2020 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Thomas and seconded by Commissioner Molden the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Cline and seconded by Commissioner Manuel the Planning Commission unanimously adopted the minutes from the November 18, 2020 meeting. ------------- 4 Frederick County Planning Commission Page 3773 Minutes of December 17, 2020 COMMITTEES Frederick Water – Mtg. 12/15/20 Commissioner Marston reported, the Board approved a note for the new Opequon Water Treatment Plant at $35 million dollars and the interest rate is 0.4%. He shared the operations report for November. ------------- CITIZEN COMMENTS Chairman Kenney called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Kenney closed the public comments portion of the meeting. ------------- PUBLIC HEARING Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses, §165-204.33. Backyard Chickens; Chicken Coops in the RP Zoning District. Revision to the Frederick County Zoning Ordinance to allow backyard chickens in the RP (Residential Performance) District. The ordinance would allow single-family detached (SFD) lots 15,000 square feet (SF, or 0.34 acres) or greater to have up to a maximum of six (6) chickens by right. This ordinance amendment would also apply to lots of 15,000 SF or greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning District. Action – Recommend Denial M. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter 165 – Zoning Ordinance to allow backyard chickens and chicken coops as a by-right use in the RP (Residential Performance) Zoning District. He noted, this request for a Zoning Ordinance text amendment was initiated from a citizen through his/her Board of Supervisors representative. Mr. Klein explained, currently the keeping of chickens is only allowed in the County’s RA (Rural Areas) Zoning District. The proposed amendment would allow single-family detached (SFD) lots 15,000 square feet (SF, or 0.34- acres) or greater to have up to a maximum of six (6) chickens by-right in the RP, R4, and R5 Zoning District. He noted, the keeping of chickens would still be prohibited in townhomes, duplexes, multifamily buildings, garden apartments, and single-family detached lots less than 15,000 SF. Mr. Klein shared, additional supplemental use regulations for backyard chickens proposed include: • Prohibiting the keeping of roosters, turkeys, guinea fowl, and peacocks • Following setback and building requirements for accessory structures (coops) • Prohibited from front yard setback and not visible from public or private road rights-or-way • Area designed for chickens shall be completely enclosed, no free-range chickens 5 Frederick County Planning Commission Page 3774 Minutes of December 17, 2020 • Requirements for secure feed storage and waste management • Requirement for an application/permit ($25 fee) to Frederick County prior to establishment of use Mr. Klein noted, private covenants and/or homeowner associations may further restrict the keeping of backyard chickens/chicken coops. He shared the history of this amendment request: The DRRC discussed this item on September 24, 2020; The Planning Commission discussed this on October 21, 2020; and the Board of Supervisors discussed this item on November 12, 2020, with the primary discussion being if the Ordinance Amendment should expire after 1 year. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ms. Sherry Riley came forward and spoke in favor of this ordinance amendment stating it would be good to provide food and for hobbyist. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas stated he is concerned that no one came to speak in opposition of this and feels it may be due to the weather. Commissioner Oates commented, under supplemental uses this has more requirements than a rendering plant. Commissioner Jewell commented citizens brought up the issue of rodents to him. Chairman Kenney noted, weather was most likely a reason no one came to speak in opposition. Upon a motion made to approve by Commissioner Morrison and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of an Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses. YES: Manuel, Thomas, Molden, Morrison NO: Jewell, Marston, Cline, Oates, Kenney, Kozel ABSENT: Dawson, Mohn, Triplett Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning; Revisions to the Frederick County Zoning Ordinance on required changes to the FP (Floodplain Districts) ARTICLE VII Overlay Districts; Part 702 – FP Floodplain Districts, §165-702.01. Statutory Authorization and Purpose; §165-702.02. Applicability; §165-702.03. Compliance and Liability; §165-702.04. Records (Relocated from above); §165-702.05. Abrogation and Greater Restrictions; §165-702.06. Severability; §165-702.07. Administration; §165-702.08. Jurisdictional Boundary Changes; §165-702.09. Submitting Model Backed Technical Data; §165-702.10. Letter of Map Revision; §165-702.11. Description of Special Flood Hazard Districts; §165-702.12. Overlay Concept; §165-702.13. Flood Insurance Rate Map; §165-702.14. District Boundary Changes; §165-702.15. Interpretation of District Boundaries; §165- 702.16. Permit and Application Requirements; §165-702.17. General Standards; §165-702.18. Elevation and Construction Standards; §165-702.19. Standards for Subdivision Proposals; §165-702.20. Existing Structures in Floodplain Areas; §165-702.21. Factors to be considered in granting variances; §165- 702.22. Penalties for Violations; ARTICLE I General Provisions, Amendments, and Conditional Use 6 Frederick County Planning Commission Page 3775 Minutes of December 17, 2020 Permits; Part 101 – General Provisions, §165-101.02. Definitions and word usage. Revisions to the Frederick County Zoning Ordinance on required changes to the FP (Floodplain Districts) to remain compliant with the State and Federal regulations necessary to continue participating in the National Flood Insurance Programs (NFIP). Action – Recommend Approval Candice E. Perkins, Assistant Director, reported on January 29, 2021 Frederick County will have updated Flood Insurance Rate Maps (FIRMs) from the Federal Emergency Management Agency (FEMA). She noted, the Flood Insurance Rate Maps are the official community maps that show special flood hazard areas and the risk premium zones. Ms. Perkins continued, the flood mapping is an important part of the National Flood Insurance Program, as it is the basis of the NFIP regulations and flood insurance requirements. FEMA’s flood mapping program is called Risk Mapping, Assessment, and Planning or Risk MAP; FEMA maintains and updates data through flood maps and risk assessments. Ms. Perkins explained, flood insurance is available to property owners in Virginia mostly through the NFIP, which is administered through FEMA. She noted, while community participation in the NFIP is voluntary, NFIP flood insurance policies are available only when the locality actively manages its floodplain by participating in the NFIP. Ms. Perkins shared, when a community joins the NFIP, the community must ensure that it has adopted a floodplain management ordinance and enforcement procedures that meet NFIP minimums. In return, the federal government makes flood insurance available for residents of that community. Ms. Perkins continued, when any changes are made or when Flood Insurance Rate Maps are updated, community floodplain management ordinances also must be revised and updated accordingly. DCR provides communities with a model ordinance; the state model ordinance includes minimum requirements for NFIP participation and highlights higher standards that communities can implement. She noted, the updated Flood Insurance Rate Maps are effective January 29, 2021, and revisions to the FP Overlay are required by the DCR to remain a fully compliant floodplain ordinance. Ms. Perkins shared the primary revisions to the Floodplain Districts: • Revised – Abrogation and Greater Restrictions 702.05 • New section – Jurisdictional Boundary Changes 702.08 • New section – Letters of Map Revision 702.10 • Revised “Elevation and Construction Standards” 702.18 o New section – Accessory Structures 702.18D o Revised – Standards for Manufactured Homes and Recreational Vehicles 702.18E • Revised – Existing Structures in Floodplain Areas – 702.20 • Revised – Factors to be considered in granting variances – 702.21 • New and revised definitions Ms. Perkins reported, the DCR points out that in some cases, the minimum standards provide insufficient protection, create a risk of higher than necessary insurance rates, or create a more complex program; in these cases, DCR recommends specific higher standards. • § 165-702.20 – Existing Structures in Floodplain Areas (structures/use brought into conformity when it is changed, repaired or improved) o The change, when added to all the changes made during a rolling 5-year period does not constitute 50% of the structure’s value. 7 Frederick County Planning Commission Page 3776 Minutes of December 17, 2020 Ms. Perkins shared, the DCR explanation is: The DCR has found that not having a time period for cumulative change can lead to people trying to split work up to avoid hitting the 50% limit which puts the community in a difficult place with enforcement and increases administrative burdens. Ms. Perkins concluded, the DRRC discussed this item on November 23, 2020 and recommended approval of the changes and inclusion of the higher standard pertaining to change to existing structures in floodplain areas. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Thomas and seconded by Commissioner Marston BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning; Revisions to the Frederick County Zoning Ordinance on required changes to the FP (Floodplain Districts) ARTICLE VII Overlay Districts; Part 702 – FP Floodplain Districts, §165-702.01. Statutory Authorization and Purpose; §165-702.02. Applicability; §165-702.03. Compliance and Liability; §165-702.04. Records (Relocated from above); §165-702.05. Abrogation and Greater Restrictions; §165-702.06. Severability; §165-702.07. Administration; §165-702.08. Jurisdictional Boundary Changes; §165-702.09. Submitting Model Backed Technical Data; §165-702.10. Letter of Map Revision; §165-702.11. Description of Special Flood Hazard Districts; §165-702.12. Overlay Concept; §165-702.13. Flood Insurance Rate Map; §165-702.14. District Boundary Changes; §165-702.15. Interpretation of District Boundaries; §165- 702.16. Permit and Application Requirements; §165-702.17. General Standards; §165-702.18. Elevation and Construction Standards; §165-702.19. Standards for Subdivision Proposals; §165-702.20. Existing Structures in Floodplain Areas; §165-702.21. Factors to be considered in granting variances; §165- 702.22. Penalties for Violations; ARTICLE I General Provisions, Amendments, and Conditional Use Permits; Part 101 – General Provisions, §165-101.02. Definitions and word usage. Revisions to the Frederick County Zoning Ordinance on required changes to the FP (Floodplain Districts) to remain compliant with the State and Federal regulations necessary to continue participating in the National Flood Insurance Programs (NFIP). (Note: Commissioners Triplett, Dawson, and Mohn were absent from the meeting.) ------------- OTHER Cancelation of Regular Meeting Chairman Kenney announced there were no pending items for the Planning Commission’s January 6, 2021 meeting and it will be canceled. Questions/Concerns Commissioner Oates inquired if there will be a retreat planned for this year. Mr. Ruddy stated the intent is to have one at some point with the Board of Supervisors. 8 Frederick County Planning Commission Page 3777 Minutes of December 17, 2020 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously passed. The meeting adjourned at 7:20 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ____________________________ Michael T. Ruddy, Secretary 9 Planning Commission Agenda Item Detail Meeting Date: February 17, 2021 Agenda Section: Public Hearings Title: Conditional Use Permit #01-21 for Hollow Road Solar, LLC - (Mr. Klein) Attachments: PC02-17-21CUP01-21.pdf PC02-17-21CUP01-21PublicComments.pdf 10 CONDITIONAL USE PERMIT #01-21 Hollow Road Solar, LLC Staff Report for the Planning Commission Prepared: February 5, 2021 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 02/17/21 Pending Board of Supervisors: 03/10/21 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to enable construction of an 83-acre (disturbed area) 20-megawatt (MW) utility-scale solar power generating facility located on three (3) properties totaling approximately 326-acres +/-. Should the Planning Commission find this use for a utility-scale solar power generating facility to be appropriate, Staff would suggest the following Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated August 28, 2020. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheet 4 of the Concept Plan, “Landscaping/Vegetative Screening Details” included with the CUP application, prepared by Timmons Group, dated August 28, 2020. The landscape buffer plantings shall be maintained in good health for the life of the project. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of §15.2-2241.2(B) of the Code of Virginia. The written agreement shall be updated every five (5) years and in general conformance with the Decommissioning Plan, included with the CUP application, prepared by Blue Ridge Energy Holdings. 11 Page 2 CUP #01-21 – Hollow Road Solar, LLC February 5, 2021 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to two (2) entrances, one entrance from Parishville Road (Route 610) and one entrance from Anchorage Lane in conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated August 28, 2020. Delivery of solar array panel construction materials and equipment shall occur only at the site access entrance off Parishville Road (Route 610) identified as “Primary Access Road” on Sheet 3 the Concept Plan. Use of the “50’ R/W Ingress & Egress” from Anchorage Lane shall only be used for passenger vehicle access during construction and post-construction maintenance. 7. Pile-driving of poles for solar arrays shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 8. A Phase 1 Archaeological and Architectural Survey will be completed as part of the permitting of this project and completed prior to site plan approval. This survey shall document the historic dwelling, barn and areas surrounding the farm complex barn (located on PIN # 27-A-11). This survey shall be submitted to the Frederick County Department of Planning and Development and the Department of Historic Resources (DHR). Phase II surveys shall be conducted if DHR determines the areas and resources under consideration are potentially significant. In the event the above resources are eligible for inclusion on the NRHP as a result of the Phase II study the structures and resources on the site shall be retained, stabilized and preserved and no disturbance shall occur within 100-feet (FT). 9. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Any recommendation for approval should also include a statement affirming that the proposed solar facility is in substantial accord with the Comprehensive Plan. 12 Page 3 CUP #01-21 – Hollow Road Solar, LLC February 5, 2021 LOCATION: The properties are generally located south of Parishville Road (Route 610) and generally south of the terminus (cul-du-sac) of Anchorage Lane in Gore. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 27-A-8, 27-A-11 and 27-A-12 Note: The property identified with PIN 27-A-8 will only be used for a subsurface interconnection easement and ingress/egress; no solar arrays (panels) or supporting equipment will be sited on PIN 27-A-8. PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural, Forestal and Vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Forestal/Residential South: RA (Rural Areas) Use: Agricultural/Forestal East: RA (Rural Areas) Use: Agricultural/Forestal/ Residential West: RA (Rural Areas) Use: Agricultural/Forestal/ Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable construction of an 83-acre (disturbed area) 20-megawatt (MW) utility-scale solar power generating facility located on three (3) properties totaling approximately 326-acres +/-. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 610, Parishville Road, the VDOT facility providing access to the property. The proposed primary entrance lacks the proper amount of required sight distance for a “Low Volume” Commercial Entrance. This entrance could be used during construction, provided a VDOT approved “Traffic Flagging” scenario, as described in the “Work Zone Safety Manual” was approved. The proposed secondary access point, of Anchorage Court, could be utilized as a “Low Volume” Commercial Entrance for maintenance and non-commercial traffic after the “Solar Project” construction was completed. An approved VDOT Land Use Permit would be required for work at both locations. 13 Page 4 CUP #01-21 – Hollow Road Solar, LLC February 5, 2021 VDOT would support the Solar Project if the entrance situations were resolved. Should the use expand in the future, the entrance will need to be reviewed, to determine if additional improvements may be required. See comment letter dated January 22, 2021. Frederick County Fire Marshal: Plans approved by Fire Marshal, Frederick County. See comment letter dated December 15, 2020. Frederick County Inspections: Conditional Use Permit for installation of solar arrays shall be designed per the 2015 Virginia Building Code, U-Utility Use Group. Solar panel installation not associated with publicly regulated utilities require permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in Chapter 16 VBC. Please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure (soil, concrete etc.). See comment letter dated December 14, 2020. Frederick County Public Works: A detailed site plan including erosion and sediment plans and stormwater plans will need to be submitted prior to construction. The plans shall comply with Chapter 143 of Frederick County Code. See comment letter dated December 21, 2020. Winchester-Frederick County Health Department: The proposed project will not require an approved water supply or sewage disposal. See comment letter dated December 18, 2020. Historic Resources Advisory Board (HRAB): The Frederick County Historic Resources Advisory Board (HRAB) considered this Conditional Use Permit application during their meeting on October 20, 2020. The project is adjacent to Sunrise (DHR #034-0486) which is listed on both the State and National Register of Historic Places. The site also has extensive frontage on Hollow Road which is listed as eligible for the State and Natural Register. The HRAB noted that there is a historic farm complex located on the site that had not 14 Page 5 CUP #01-21 – Hollow Road Solar, LLC February 5, 2021 been identified by the applicant; the site consists of a vacant dwelling and barn which were pictured in the Environmental Report. The HRAB stated that most likely this is a significant historic structure given the location and photographs included in the Environmental Report, and this structure has much architectural integrity (pattern of the house, central chimney, collection of structures, 18th century house) and most likely important to the early history of this area. The HRAB noted that this structure needs to be surveyed and preserved, and, not demolished as proposed. The HRAB recommended the following conditions: • A Phase II Survey needs to be conducted for the house/barn and surrounding site area. The survey needs to document the collection of historic structures on and around this development. • All proposed disturbance areas need to be moved away from the house and barn. • The structures on the site need to be retained, stabilized and preserved (mothballed). See comment letter dated November 19, 2020. Planning and Zoning: Utility-scale solar power generating facilities are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Board of Supervisors added “utility-scale solar power generating facilities” to the Zoning Ordinance on January 8, 2020, including additional regulations for specific uses. These additional regulations further specify for utility-scale solar power generating facilities to prepare an engineered site plan and enter into a written agreement with Frederick County for facility decommissioning. The application proposes use of three (3) properties totaling approximately 326-acres +/- of RA (Rural Areas) Zoning District property, primarily used for agriculture, to generate up to 20 megawatts (MW) or photovoltaic (solar) electricity. Approximately 83-acres of the subject parcels will be utilized (disturbed) for the installation of rows of ground-mounted photovoltaic modules, commonly known as solar panels, other necessary equipment for facility operations, a transmission substation, access paths, fencing and landscaping. The solar panels will be interconnected, and the power generated by each solar panel will be combined, converted, and the voltage increased to allow delivery of the power to the adjacent Gore substation. The proximity of the project to the Gore substation and existing transmission line was a significant factor in the selection of these properties for the development of the facility. Additionally, the project as proposed does not include any batteries for the purposes of mass storage of electricity that will eventually be transferred into the grid. Small batteries will be utilized as backup for solar tracker motors, substation, and associated equipment. The Zoning Ordinance requirements for “Public Utilities” including “utility-scale solar power 15 Page 6 CUP #01-21 – Hollow Road Solar, LLC February 5, 2021 generating facilities” (§165-204.26) specifies the Zoning Administrator has the authority to determine appropriate setbacks for lots. Setbacks for the solar arrays (panels) will conform to the setback requirements contained in the Zoning Ordinance for principle uses in the RA (Rural Areas) Zoning District (§165-401.07): 60-feet (FT) front setbacks from right-of-way streets and roads, and side/rear setbacks of 50-FT from adjoining parcels 6-acres or less, 100-FT from adjoining parcels of more than 6-acres, and 200-FT from Agricultural and Forestal Districts (more than 6-acres) and orchards (regardless of size). After consultation with Staff during the pre-development of the application, the Applicant has proposed setbacks for the solar arrays (panels) for this project in conformance with the above setbacks prescribed by the Zoning Administrator. In protecting the viewshed and mitigate the visual impact to neighboring properties in the vicinity of the property the Applicant has proposed buffering and screening around the perimeter of the property, in addition to maintaining existing mature woodlands, to shield view of the facility from adjacent roadways, residences, and other agriculture uses. Access to the site shall be limited to two (2) entrances, one (1) entrance from Parishville Road (Route 610) and one (1) entrance from Anchorage Lane. The Applicant has agreed to further limit delivery of solar array panel construction materials and equipment to enter/depart the property only from Parishville Road (Route 61) (identified as “Primary Access Road” on Sheet 3 the Concept Plan prepared by Timmons Group dated August 28, 2020). Use of the “50’ R/W Ingress & Egress” from Anchorage Lane (as noted on Sheet 3, Concept Plan) will be used only for passenger vehicle access and post-construction maintenance to mitigate impact to residential properties sharing Anchorage Lane. Staff notes, the”50 R/W Ingress/Egress” easement (0.3460- acres +/-), was made part of PIN #27-A-11 through a boundary line adjustment recorded in 2004 (Instrument # 040006636, attached to staff report), providing the owner of said PIN direct access to Anchorage Lane from the subject property. Finally, a draft Decommissioning Plan included with the application materials, satisfies requirements contained in §165-204.26 of the Zoning Ordinance, ensuring that in the event the facility is no longer in operation, the land will be returned to the pre-development condition with all solar infrastructure and related facilities removed, ensuring future viability of the land to resume agricultural operations. Further, proposed condition of approval #4 ensures that Frederick County would maintain a bond that is updated every five (5) years keeping it up to date. The 2035 Comprehensive Plan envisions this area of the County to remain primarily rural in nature and for agricultural land to be preserved for future generations. The project is generally compatible with the Comprehensive Plan, with the rural character of the area, and with the adjoining agricultural and residential uses. The preservation of the underlying land maintains the ability for agricultural uses in the future. The proposed use is highly passive with limited noise, odor, glare, lighting, and traffic during operations. 16 Page 7 CUP #01-21 – Hollow Road Solar, LLC February 5, 2021 In addition to requirements contained in the Zoning Ordinance, the Applicant will pursue a “Permit-by-Rule” (PBR) application through the Virginia Department of Environmental Quality (DEQ). The PBR is a state-level administrative review and approval process for the siting of solar energy facilities in the Commonwealth, including environmental and cultural review and study. One component of the state required PBR review is local jurisdiction “approval” of solar project siting; this CUP application, if approved by the Frederick County Board of Supervisors, would satisfy that requirement enabling completion of a PBR process for this project. STAFF CONCLUSIONS FOR THE 02/17/21 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) to enable construction of an 83-acre (disturbed area) 20-megawatt (MW) utility-scale solar power generating facility located on properties totaling approximately 326-acres +/-. Should the Planning Commission find this use for a utility-scale solar power generating facility to be appropriate, Staff would suggest the following Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated August 28, 2020. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheet 4 of the Concept Plan, “Landscaping/Vegetative Screening Details” included with the CUP application, prepared by Timmons Group, dated August 28, 2020. The landscape buffer plantings shall be maintained in good health for the life of the project. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of §15.2-2241.2(B) of the Code of Virginia. The written agreement shall be updated every five (5) years and in general conformance with the Decommissioning Plan, included with the CUP application, prepared by Blue Ridge Energy Holdings. 17 Page 8 CUP #01-21 – Hollow Road Solar, LLC February 5, 2021 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to two (2) entrances, one entrance from Parishville Road (Route 610) and one entrance from Anchorage Lane in conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated August 28, 2020. Delivery of solar array panel construction materials and equipment shall occur only at the site access entrance off Parishville Road (Route 610) identified as “Primary Access Road” on Sheet 3 the Concept Plan. Use of the “50’ R/W Ingress & Egress” from Anchorage Lane shall only be used for passenger vehicle access during construction and post- construction maintenance. 7. Pile-driving of poles for solar arrays shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 8. A Phase 1 Archaeological and Architectural Survey will be completed as part of the permitting of this project and completed prior to site plan approval. This survey shall document the historic dwelling, barn and areas surrounding the farm complex barn (located on PIN # 27-A-11). This survey shall be submitted to the Frederick County Department of Planning and Development and the Department of Historic Resources (DHR). Phase II surveys shall be conducted if DHR determines the areas and resources under consideration are potentially significant. In the event the above resources are eligible for inclusion on the NRHP as a result of the Phase II study the structures and resources on the site shall be retained, stabilized and preserved and no disturbance shall occur within 100-feet (FT). 9. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Any recommendation for approval should also include a statement affirming that the proposed solar facility is in substantial accord with the Comprehensive Plan. 18 £¤50 ¬«259 27 A 12 27 A 11 27 A 8 975HOLLOW RD 975HOLLOW RD 960CARPERSPIKE 753CARPERS PIKE 900CARPERSPIKE 531CARPERSPIKE 481CARPERSPIKE 413CARPERSPIKE 365CARPERSPIKE 201CARPERSPIKE 614PARISHVILLE RD 163HOLLOW RD 163HOLLOW RD 163HOLLOW RD 669PARISHVILLE RD 322HOLLOW RD 650PARISHVILLE RD 605PARISHVILLE RD 173WELBOURNE LN 230PUGH LN 230PUGH LN 284HOLLOW RD 612PARISHVILLE RD 585PARISHVILLE RD 110WELBOURNE LN 156ANCHORAGE LN 257PUGH LN 257PUGH LN 257PUGH LN 257PUGH LN578PARISHVILLE RD 125WELBOURNE LN 505PARISHVILLE RD 150ANCHORAGE LN 684PARISHVILLE RD 536PARISHVILLE RD 120ANCHORAGE LN 157ANCHORAGE LN 181PUGH LN510PARISHVILLE RD 480PARISHVILLE RD 119ANCHORAGE LN 440PARISHVILLE RD 218PUGH LN 7760NORTHWESTERNPIKE 8205NORTHWESTERNPIKE 7689NORTHWESTERNPIKE 8511NORTHWESTERNPIKE 8473NORTHWESTERNPIKE 8471NORTHWESTERNPIKE 221PARISHVILLE RD 7796NORTHWESTERNPIKE 8459NORTHWESTERNPIKE 7901NORTHWESTERNPIKE 8201NORTHWESTERNPIKE 134WHITACRE RD 158WHITACRE RD166WHITACRE RD 8475NORTHWESTERNPIKE 192PARISHVILLE RD 188PARISHVILLE RD 165WHITACRE RD 188WHITACRE RD 8361NORTHWESTERNPIKE 8245NORTHWESTERNPIKE 8199NORTHWESTERNPIKE 152PARISHVILLE RD 185WHITACRE RD 212WHITACRE RD 8241NORTHWESTERNPIKE 120PARISHVILLE RD 7980NORTHWESTERNPIKE 241WHITACRE RD8460NORTHWESTERN PIKE 8160NORTHWESTERN PIKE 111OVERLOOK RD 120OVERLOOK RD 278WHITACRE RD 8180NORTHWESTERNPIKE 8170NORTHWESTERNPIKE 195DEERRUN RD 114POND RD 283WHITACRE RD 273DEER RUN RD 245DEERRUN RD 220DEERRUN RD 146DEER RUN RD 149OVERLOOK RD 182OVERLOOK RD 165POND RD 203POND RD 295WHITACRE RD 304WHITACRE RD OVERLOOKRDANCHORAGE LN WELBOURNELN POND RD MARPOLELNDEER RUN RD PUG H LNWHITACR E RDCARPERS PIKEPARISHVILLE RDNO RTHW ESTERNPIKEHOLLOW RD Application Parcels Agricultural & Foresta l Districts South Timber Ridge µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 2, 2021 Gore GoreHOLLOW RDPARISHVILLE RDNORTHWESTERN PIKE CARPERS PIKEMUSE RDB R Y C E C T £¤50 ¬«259 0 1,100 2,200550 Feet £¤50 C U P # 0 1 - 2 1 : H o l l o w R o a d S o l a r , L L CPINs: 2 7 - A - 8 , 2 7 - A - 1 1 , 2 7 - A - 1 2Utility S c a l e S o l a r F a c i li t yZoning M a p CUP #01-21 CUP #01-21 CUP #01-21 19 £¤50 ¬«259 27 A 12 27 A 11 27 A 8 975HOLLOW RD 975HOLLOW RD 960CARPERSPIKE 753CARPERS PIKE 900CARPERSPIKE 531CARPERSPIKE 481CARPERSPIKE 413CARPERSPIKE 365CARPERSPIKE 201CARPERSPIKE 614PARISHVILLE RD 163HOLLOW RD 163HOLLOW RD 163HOLLOW RD 669PARISHVILLE RD 322HOLLOW RD 650PARISHVILLE RD 605PARISHVILLE RD 173WELBOURNE LN 230PUGH LN 230PUGH LN 284HOLLOW RD 612PARISHVILLE RD 585PARISHVILLE RD 110WELBOURNE LN 156ANCHORAGE LN 257PUGH LN 257PUGH LN 257PUGH LN 257PUGH LN578PARISHVILLE RD 125WELBOURNE LN 505PARISHVILLE RD 150ANCHORAGE LN 684PARISHVILLE RD 536PARISHVILLE RD 120ANCHORAGE LN 157ANCHORAGE LN 181PUGH LN510PARISHVILLE RD 480PARISHVILLE RD 119ANCHORAGE LN 440PARISHVILLE RD 218PUGH LN 7760NORTHWESTERNPIKE 8205NORTHWESTERNPIKE 7689NORTHWESTERNPIKE 8511NORTHWESTERNPIKE 8473NORTHWESTERNPIKE 8471NORTHWESTERNPIKE 221PARISHVILLE RD 7796NORTHWESTERNPIKE 8459NORTHWESTERNPIKE 7901NORTHWESTERNPIKE 8201NORTHWESTERNPIKE 134WHITACRE RD 158WHITACRE RD166WHITACRE RD 8475NORTHWESTERNPIKE 192PARISHVILLE RD 188PARISHVILLE RD 165WHITACRE RD 188WHITACRE RD 8361NORTHWESTERNPIKE 8245NORTHWESTERNPIKE 8199NORTHWESTERNPIKE 152PARISHVILLE RD 185WHITACRE RD 212WHITACRE RD 8241NORTHWESTERNPIKE 120PARISHVILLE RD 7980NORTHWESTERNPIKE 241WHITACRE RD8460NORTHWESTERN PIKE 8160NORTHWESTERN PIKE 111OVERLOOK RD 120OVERLOOK RD 278WHITACRE RD 8180NORTHWESTERNPIKE 8170NORTHWESTERNPIKE 195DEERRUN RD 114POND RD 283WHITACRE RD 273DEER RUN RD 245DEERRUN RD 220DEERRUN RD 146DEER RUN RD 149OVERLOOK RD 182OVERLOOK RD 165POND RD 203POND RD 295WHITACRE RD 304WHITACRE RD OVERLOOKRDANCHORAGE LN WELBOURNELN POND RD MARPOLELNDEER RUN RD PUG H LNWHITACR E RDCARPERS PIKEPARISHVILLE RDNO RTHW ESTERNPIKEHOLLOW RD Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 2, 2021 Gore GoreHOLLOW RDPARISHVILLE RDNORTHWESTERN PIKE CARPERS PIKEMUSE RDB R Y C E C T £¤50 ¬«259 0 1,100 2,200550 Feet £¤50 C U P # 0 1 - 2 1 : H o l l o w R o a d S o l a r , L L CPINs: 2 7 - A - 8 , 2 7 - A - 1 1 , 2 7 - A - 1 2Utility S c a l e S o l a r F a c i li t yLocation M a p CUP #01-21 CUP #01-21 CUP #01-21 20 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1.Applicant (check one): Property Owner 0 Other (?J NAME: Hollow Road Solar, LLC ADDRESS: 112 South Street SE, Suite A, Leesburg, VA 201 75 TELEPHONE: (703) 268-2562 ------------------------------- 2.Please list all owners, occupants, or parties in interest of the property: National Fruit Orchar ds Inc. 3.The property is located at: (please give exact directions and include the route number of your road or street) 806 Hollow Road, Gore, Virginia 22637 Access either through end of Anchorage Lane over right-of-way to property or via gravel road over parcel located at 339 Parishville Road (27-A-8) 4. 5. The property has a road frontage of feet and a depth of feet and -----consists of acres. (Please be exact) The property is owned by National Fruit Orch ards Inc. as evidenced by deed from -------------(previous owner) recorded in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6.Property Identification Number (P.I.N.)____________ _Magisterial District Gainesboro ---------------------------Current Zoning RA ----------------------------- 5 2 7-A-8, 2 7-A-11 & 2 7-A-12 326 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 2/2/2021 Untitled Page https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 1/1 Frederick Home Frederick County Virginia LIFE AT THE TOP Pay/Lookup Taxes Real Estate Ticket Detail Previous 2020 REAL ESTATE Dept/Ticket#RE2020 / 284660002 Frequency 2 Supplement#0 Name NATIONAL FRUIT ORCHARDS INC Map#27 A 12 Account#8004933 Name 2 Bill Date 04/13/2020 Acreage 55.000 Address 701 FAIRMONT AVE Due Date 12/07/2020 Improvements $0.00 Desc 55.00 ACRES Land Value $165,000.00 WINCHESTER VA Land Use $18,300.00 Zip 22601 4987 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 11/30/2020 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $55.81 ($55.81)$0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction#Amount Balance 4/13/2020 Charge 0 $55.81 $55.81 11/30/2020 Principal Paid 35016 ($55.81)$0.00 Previous Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0)Pin Options Change Email 40 2/2/2021 Untitled Page https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 1/1 Frederick Home Frederick County Virginia LIFE AT THE TOP Pay/Lookup Taxes Real Estate Ticket Detail Previous 2020 REAL ESTATE Dept/Ticket#RE2020 / 284650002 Frequency 2 Supplement#0 Name NATIONAL FRUIT ORCHARDS INC Map#27 A 11 Account#8004932 Name 2 Bill Date 04/13/2020 Acreage 181.690 Address 701 FAIRMONT AVE Due Date 12/07/2020 Improvements $400.00 Desc 181.69 ACRES Land Value $454,200.00 WINCHESTER VA Land Use $77,300.00 Zip 22601 4987 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 11/30/2020 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $236.98 ($236.98)$0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction#Amount Balance 4/13/2020 Charge 0 $236.98 $236.98 11/30/2020 Principal Paid 35016 ($236.98)$0.00 Previous Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0)Pin Options Change Email 41 2/2/2021 Untitled Page https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 1/1 Frederick Home Frederick County Virginia LIFE AT THE TOP Pay/Lookup Taxes Real Estate Ticket Detail Previous 2020 REAL ESTATE Dept/Ticket#RE2020 / 9100002 Frequency 2 Supplement#0 Name HOLMES DIANE M TRUSTEE Map#27 A 8 Account#8004929 Name 2 Bill Date 04/13/2020 Acreage 120.470 Address 839 MOUNTAIN VIEW SCHOOL RD Due Date 12/07/2020 Improvements $308,600.00 Desc 120.47 ACRES Land Value $445,600.00 HIGH VIEW WV Land Use $170,600.00 Zip 26808 9626 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 05/29/2020 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $1,461.56 ($1,461.56)$0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction#Amount Balance 4/13/2020 Charge 0 $1,461.56 $1,461.56 5/29/2020 Principal Paid 13267 ($1,461.56)$0.00 Previous FOR CHEYENNE FAITH FENDER Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0)Pin Options Change Email 42 1 Conditional Use Permit Impact Analysis Statement Hollow Road Solar A. Suitability of the Site 1. General Overview Hollow Road Solar, LLC (“Hollow Road Solar”) is a wholly owned, indirect subsidiary of Blue Ridge Energy Holdings LLC. Hollow Road Solar has the right to acquire approximately 236 acres (parcels 27-A-11 and 27-A-12) located at 806 Hollow Road in Gore (“ Project Site”). The Project Site is just slightly over 1,000 feet from Shenandoah Valley Electric Cooperative’s (“SVEC”) Gore substation. The Project Site was previously operated as an apple orchard by National Fruit Orchards Inc. (“National Fruit”). National Fruit decided to discontinue operations at the Project Site and put the property up for sale. Recognizing the advantages of the proximity of the Project Site to the Gore substation and the benefits to the local community of being able to repurpose the land in a productive manner that preserves the rural nature of this area of Frederick County without corresponding strains on local infrastructure and resources, Hollow Road Solar decided to pursue the development of an approximately 20 megawatt (“MW”) photovoltaic solar generation facility at the Project Site (“Project”). The Project Site currently is zoned RA. Section 165-401 of the Frederick County Zoning Ordinance (“FCZO”) permits a multitude of uses for land zoned RA, including single-family homes (one per every five acres); group homes; radio and television towers; oil and gas exploration; and public utilities, such as coal- or gas- fired generation facilities. However, pursuant to an amendment to § 165-401.02Q of the FCZO in January of 2020, utility-scale solar facilities were specifically excluded from the public utilities permitted use and, as such, a conditional use permit is required. Hollow Road Solar is submitting this Impact Analysis Statement in support of its application for a conditional use permit for the Project, as now required by § 165-401.03CC of the FCZO. 2. Site Composition and Project Layout The Project is graphically depicted on the Preliminary Site Plan prepared by The Timmons Group and attached hereto as Exhibit A. The solar panels will be on ground-mounted trackers that will be attached to metal racking, which, in turn, is attached to metal posts driven approximately six feet into the ground. The solar panels will stand approximately 7 feet above ground level when flat and up to a maximum of approximately 13 feet when tracking. After accounting for various characteristics inherent in photovoltaic solar generating facilities, the Project is expected to deliver approximately 18 MW of electric energy to the Gore substation via a tie line running approximately 1,000 feet from the Project Site to the Gore substation through a subsurface easement on parcel 27-A-8. The Project Site has two access points. The first is via a right-of-way over parcel 27-A-8 from Parishville Road to the Project Site. A right-of-way over this parcel was National Fruit’s primary method of accessing the Project Site and will also be Hollow Road Solar’s primary method of access. The second access point is over Anchorage Lane and then over a right-of-way extending from the end of Anchorage Lane to the Project Site. The rights-of-way for access and the easement to connect to SVEC’s Gore substation are discussed in further detail below in Section D. 43 2 Currently, it is not expected that the Project will incorporate mass storage batteries, but Hollow Road Solar remains open to discussion about incorporating storage should potential offtakers demonstrate a need for storage. In the event an offtaker requests the incorporation of storage, Hollow Road Solar would submit an amended conditional use permit application incorporating such storage into the design of the Project. As can be seen in the Preliminary Site Plan, much of the border of the Project Site to the east, south and west contains woodlands, which provide a natural setback and buffer between the Project Site and the contiguous parcels. The proposed layout will leave much of those woodlands intact. Hollow Road Solar will retain existing apple trees to the north and northwest and/or place such other landscaping screens in such areas as is usual and customary for such projects. There is no 100-year floodplain located within the Project Site. No known subsoil conditions have been identified that would make the installation of solar panels problematic. A full geotechnical study will be conducted prior to construction to identify any adverse subsurface conditions. The Project lies at approximately 1,164 feet above mean sea level (amsl) and the topography of the area of the property is hilly. Areas of high slope (>15%) which are not practical to grade for tracker installation will be avoided. The surface elevation varies from 903 to 1,170 feet amsl. Natural surface water drainage for the Project Site is generally south southeast. The Applicant conducted an archival database review and found no jurisdictional wetlands present on the property. The Applicant will conduct a wetland delineation study and obtain approval from the Army Corps of Engineers. This approval is required to obtain authorization for the project under the Virginia Department of Environmental Quality’s Permit-by-Rule (“PBR”) process. Also, as part of the PBR process a Threatened and Endangered Species evaluation will be conducted. Coordination with the Virginia Department of Wildlife Resources and Department of Conservation and Recreation will proceed to assess for the presence of threatened and endangered species on the project area and to determine appropriate mitigation, if required. Assuming timely completion of the interconnection process with PJM Interconnection, LLC (“PJM”), Hollow Road Solar expects to commence construction around December of 2021 and reach commercial operations by May of 2022. During the approximately four-month construction period, construction crews will be present and will be accessing the Project Site. Once completed, the Project will be monitored remotely, with a limited number of personnel accessing the Project Site while in operation to inspect, maintain and repair the site and Project equipment, as necessary. 3. Decommissioning As required by law, Hollow Road Solar will commit to a decommissioning plan for removal of the equipment both above and below ground and return of the land to substantially its original condition upon retirement of the Project. The decommissioning plan will provide for security that runs to the benefit of the County as required by state statute. B. Comprehensive Plan Conformity As set forth in the 2035 Comprehensive Plan, Frederick County, Virginia, adopted January 25, 2017 (“Comprehensive Plan”), the County is striving to maintain a balance between rural and urban areas. 44 3 “Preserving and protecting rural areas of Frederick County is important not only to ensure the economic viability of agricultural and forestall operations but to also guarantee that those lands are present for the use and enjoyment of future generations.” As noted above, the Project Site is zoned RA. Utilizing the Project Site for solar generation is one of the lowest impact uses permitted under the FCZO. Compared to other potential uses, the Project will not include high-rise structures, such as radio or television towers or a gas-fired power plant; increased housing density, which would produce higher traffic volumes on Parishville Road and surrounding areas; the drilling of exploration wells that would be occur with natural gas development; or many of the other adverse impacts that come with utilization of the property for other permitted RA uses. Once constructed, the Project will be quiet, have a low visual impact compared to many other RA uses and will not produce a strain on local resources. Furthermore, the County and its residents will know that the land will not be placed in any such use for several decades. At the end of the Project’s life, the plant and equipment can easily be removed with little impact on the land and return the land essentially to the condition it is in today. C.Agricultural and Forestal Considerations The site contains forested areas. However, no area is in a zoned forestal district. The Project is planned to be constructed on the land previously utilized as an orchard and any forested tree clearing will be minimized. D.Surrounding Properties As set forth in Sections 7 and 10 of the Application, the Project Site is bordered by eight properties. Of those eight properties, three will be directly impacted during the construction of the facility. The Project Site is benefitted by an existing right-of-way that extends from the end of Anchorage Lane along the borders of parcels 26-7-3-20 and 26-7-3-21 to parcel 27-A-11. The landowners of parcels 26-7-3-20 and 26- 7-3-21 have been made aware of, and not objected to, the use of the existing right-of-way for access to the Project Site for construction of the Project. Hollow Road Solar also has reached out to the remaining four landowners on Anchorage Lane, two who have responded and stated they have no objection to Anchorage Lane being used to access the Project Site during construction. We continue to follow up with the remaining two Anchorage Lane landowners. The other property that will be directly impacted during construction is parcel 27-A-8, which is referred to in various Project Documentation as the “Anderson Parcel”. Historically, National Fruit Orchards Inc. accessed parcel 27-A-8 via a right-of-way extending from Parishville Road over the Anderson Parcel to the northern edge of parcel 27-A-8. Hollow Road Solar has secured rights-of-way and easements over the Anderson Parcel to provide for access to the Project Site during construction and operation, as well as interconnection access from parcel 27-A-8 under the Anderson Parcel to parcel 27-A-8A, which is the Shenandoah Valley Electric Cooperative’s Gore substation. The property identified with PIN 27-A-8 will only be used for interconnection with the substation and easement and ingress/egress to the project. We have reached out to all of the remaining landowners identified in Section 10 of the Application. We have received favorable responses from the owners of parcels 27-A-50 and 27-A-53C and 27-A-10. We have not heard back from the owner of parcel 27-A-14 and will continue to follow up with them. 45 4 E. Traffic Hollow Road Solar expects construction to be completed within four months. Once construction of the Project is completed, the impact of the Project on traffic essentially will be unnoticeable other than for limited periods of maintenance. Traffic management during construction will be addressed by the Project’s construction plan, which will be developed in close coordination with the County. F. Sewage and Conveyance Treatment The Project will not produce any sewage. G. Water Supply The Project will not use water. H. Drainage An exhibit depicting the drainage flows is included with the Preliminary Site Plan. As part of the formal site plan review process, detailed preliminary erosion and sediment control and stormwater management plans will be prepared that identify best management practices required to minimize the discharge of sediment into surface water bodies and sensitive areas of the Project Site, meeting all required rules and regulations set forth by the Virginia Department of Environmental Quality. I. Solid Waste Disposal Facilities There is virtually no solid waste produced from operation of a solar facility. Any waste generated during construction or decommissioning will be disposed of in accordance with federal and state law and Frederick County ordinances. During decommissioning (or arising from maintenance or replacement during the operational life of the Project), any materials that can be recycled in a commercially reasonable manner will be recycled rather than disposed of as solid waste. J. Historic Sites and Structures Hollow Road Solar commissioned a desktop review of the Department of Historic Resource’s Virginia Cultural Resources Information System to identify any previously recorded historic and cultural resources. No known cultural resources exist within the Project Site. Hollow Road Solar will pursue authorization for the project under the Department of Environmental Quality’s PBR process. As required, an archaeological and architectural investigation will be conducted by a qualified historian, resulting in a Phase I Cultural Resources survey which will be submitted to the Department of Historic Resources for review. K. Impact on Community Facilities Education The Project will have no adverse impact on education. Police Protection This is typically required, if at all, during the construction phase. Fire and Rescue Protection 46 5 Any impact on fire and rescue protection should be minimal and predominantly during the construction phase, as with any other construction project. Solar facilities do not present an inherent risk of fire. Parks and Recreation The Project will have no impact on the County’s park and recreational resources. Solid Waste Disposal See above. Other Government Activities The Project will not adversely impact any other government activities. I. Other Impacts Hollow Road Solar believes that repurposing the Project Site for solar generation has substantial long- term benefits for the County and its residents. As noted above, utilizing the Project Site for solar precludes the site from being developed in a manner that while consistent with the FCZO, may present some tension with the objective of preserving the rural nature of this part of Frederick County. Additionally, as older power plants serving the region are retired, replacing that electric generating capacity with clean energy sources, such as solar, will contribute to cleaner air, soil and water for residents of Frederick County, thus furthering the County’s objective of protecting the rural and agricultural nature of western Frederick County. 47 DECOMMISSIONING PLAN (Frederick County) I. Introduction This plan for decommissioning (the “Plan”) is provided in accordance with Va. Code Ann. § 15.2- 2241.2 and is for the Hollow Road Solar Project (the “Project”) located in Frederick, County, Virginia (the “County”), and shall be binding on each successor and assignee (the “Facility Owner”). The purpose of the Plan is to ensure the Project is properly removed at the end of the Project’s useful life, or earlier if abandoned in whole or in part, and that the Project site is restored to pre-existing conditions. Pursuant to this Plan, a Decommissioning Cost Estimate will be provided for County review prior to the site plan approval and updated every five (5) years during the Project Life. II. Decommissioning The expected life of the Project is the period during which the facility can produce electrical energy generation (the “Project Life”). At the end of the Project Life, or earlier in the event of abandonment of all or a portion of the Project, the Facility Owner shall decommission the Project or a portion thereof, as set forth below. The decommissioning process for the Project is generally expected to occur as follows (“Decommissioning”):1 1. The following items shall be removed, dissembled (if applicable), packaged and shipped for re- sale or to a salvage/recycling facility or other processing facility where possible, or to a landfill for disposal. a. PV Module b. Racking System c. Mounting Posts d. Electrical wiring/cabling e. Inverters/transformers/connector station f. Fencing g. Concrete Foundations h. Gravel from Access Drive(s) 2. Dispose of any components in a landfill that cannot be salvaged/recycled, re-sold or reused. 3. Stabilize any exposed soil where equipment was removed, consistent with County and other applicable erosion and sediment control standards. 4. Maintain and replant turf-grass throughout the site, as necessary, unless required otherwise by the landowner. 5. The Project site or portion thereof shall be restored to its pre-development condition. 1 It is expected, but not required, that most components of the Project will be salvageable, recyclable, re-usable or re-salable. 48 2 6. The Project does not generate any hazardous materials. In the unlikely event, and to the extent that, any hazardous materials, as defined by federal, state and/or local laws, are present due to the Project, as part of Decommissioning the Facility Owner shall dispose of all such materials in accordance with applicable federal, state and local laws and regulations governing such materials and the disposal of the same. III. Decommissioning Process Decommissioning generally proceeds in reverse order of installation of the Project: 1. The facility is disconnected from the utility power grid. 2. Solar arrays are disconnected, collected, and either shipped to another project, salvaged, or submitted to a collection and recycling program. 3. Electrical interconnection and distribution cables are removed and recycled off-site by an approved recycler. 4. Array support H-beams and racking are removed and recycled off-site by an approved metals recycler. 5. Electrical and electronic devices, including transformers and inverters are removed and recycled off-site by and approved recycler. 6. Concrete pads (if used for the inverter blocks) are removed and recycled off-site by a concrete recycler. 7. Fencing is removed and recycled off-site by an approved recycler. 8. Any interior Project roads, typically constructed of 4” aggregate base, can either remain onsite should the landowner choose to retain them, or be removed and the gravel repurposed either on-or off-site. 9. Unless agreed otherwise by the landowner, the Project site is returned to its condition prior to installation of the Project, in accordance with applicable land use regulations in effect at the time of Decommissioning. IV. Decommissioning Cost Estimate The Facility Owner shall provide an estimate of the cost to decommission the Project (the “Decommissioning Cost Estimate”) prepared by a Virginia Licensed Engineer prior to site plan approval for installation of the Project, which shall include the following: (a) The gross estimated cost to perform Decommissioning as set forth in Section II above (“Gross Cost”); (b) An administrative and inflation factor of 10% of the Gross Cost (the “Admin Factor”); (c) The estimated resale and salvage values associated with the Project equipment (“Salvage Value”); and 49 3 (d) A reduction in the Salvage Value by 10% such that only 90% of the Salvage Value can be used as a credit against the Gross Cost and Admin Factor. The Salvage Value multiplied by 90% is the “Salvage Credit.” Thus, the Decommissioning Cost Estimate formula is: Gross Cost + Admin Factor – Salvage Credit = the Decommissioning Cost Estimate. The Facility Owner shall provide an updated Decommissioning Cost Estimate on every 5th year anniversary of the date when the Project first began to continuously deliver electric energy to the electric grid for commercial sales (the “Commercial Operation Date”) during the Project Life, which shall account for inflation, cost and value changes, and advances in decommissioning technologies and approaches. If the Project lies on property owned by more than one person, entity or group (multiple owners), the Decommissioning Cost Estimate shall include a table allocating the Decommissioning Cost Estimate across the Project site, based on the percentage of generating capacity in megawatts (MW) attributable to each separately owned part of the property (the “Cost Allocation”). V. Timing for Decommissioning Upon the earlier of: (i) Completion of the Project Life; or (ii) Abandonment of the Project or any portion thereof, the Facility Owner shall promptly arrange for and be responsible for the full Decommissioning of the Project. If the Project or any portion thereof has ceased operations and is not maintained for a continuous period of longer than one (1) year and decommissioning is required before the end of the Project Life, the County may provide written notice of suspected abandonment to the Facility Owner. Upon receipt, the Facility Owner shall have a sixty (60) day period in which to refute the claim, remedy any problem, commence Decommissioning, or show why more than sixty (60) days is reasonably necessary to remedy the problem. If at the end of the sixty (60) day period the parties are unable to resolve amicably any dispute arising out of or in connection with this Decommissioning Plan, then such dispute shall be resolved by an action filed in the Circuit Court of Frederick County, Virginia. VI. Partial Decommissioning If Decommissioning is triggered for a portion, but not the entire Project, prior to the end of the Project Life, the Facility Owner shall commence and complete Decommissioning, in accordance with the Decommissioning Plan, for the applicable portion of the Project. If a portion of the Project is Decommissioned, the remaining portion of the Project would continue to be subject to this Decommissioning Plan. 50 4 VII. Completion of Decommissioning Decommissioning will be complete when the County Construction Official or County Engineer, or another party appointed by the County, determines that Decommissioning has been completed in accordance with this Decommissioning Plan by issuance of a letter to the Facility Owner. VIII. Default by the Facility Owner If the Facility Owner is in default of its obligation to commence or complete Decommissioning, and such default remains uncured for more than sixty (60) days (as explained in Section V above), each landowner shall have the right to commence Decommissioning activities within the area it owns. Nothing herein shall limit other rights or remedies that may be available to the County to enforce the obligations of the Facility Owner, including the County’s zoning powers. IX. Notice under this Decommissioning Plan Hollow Road Solar, LLC 112 South Street SE, Suite A Leesburg, VA 20175 Attn: Legal Department Department of Planning & Development County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Attn: Planning Director X. Financial Security Financial security shall be in an amount equal to the Decommissioning Cost Estimate (as determined by a Virginia licensed Engineer in Section III) (the “Decommissioning Security”). When the Decommissioning Cost Estimate is redone during the Project Life, the Facility Owner shall adjust the amount of the Decommissioning Security to match the updated Decommissioning Cost Estimate. If the Facility Owner is not a public utility company or an independent power producer with an investment grade credit rating with Moody’s or Standard and Poor’s (a “Qualified Company”), prior to commencement of commercial operations the Facility Owner shall provide financial security for the removal of the Facility. If the Facility is bought by an entity that is not a Qualified Company, that purchaser shall provide such financial security. If such financial security is required to run to the benefit of the County, such security shall also run to the benefit of the landowner. The Facility Owner will only be required to provide one instrument or obligation equal to the Decommissioning Security to satisfy its obligations to both the County and the landowner. The Decommissioning Security may be provided in one of the following forms: (i) a surety bond, (ii) a letter of credit from a financial institution, (iii) a parent guaranty, or (iv) such other financial instrument as is commonly used in business to secure monetary obligations, so long as such instrument is irrevocable unless replaced with cash or other form of security reasonably acceptable to the parties that benefit from such security. 51 © 2020 Microsoft Corporation © 2020 Maxar ©CNES (2020) Distribution Airbus DS © 2020 HERE N/A C1.0 TIMMONS GROUP 623 H ST NW, SECOND FLOOR WASHINGTON, DC 20001 PHONE: (202) 919-2246 YOUR VISION ACHIEVED THROUGH OURS. TBD FREDERICK COUNTY, VA SOLAR FARM SOLAR ELECTRIC POWER GENERATION FACILITY VICINITY MAP SCALE: 1" = 2,000'NAD83YOUR VISION ACHIEVED THROUGH OURS. ENGINEERDEVELOPER Sheet List Table Sheet Number Sheet Title C1.0 COVER SHEET C2.0 EXISTING CONDITIONS C3.0 PRELIMINARY SITE PLAN C4.0 C5.0 PRELIMINARY SITE PLAN - NOTES & DETAILS PROJECT AREA S:\409\46433-SOLAR FREDERICK COUNTY VA\DWG\Sheet\CUP\46433C-C1.0-COVER.dwg | Plotted on 9/11/2020 4:47 PM | by Kelsey MayhewDRAWING DESCRIPTION REVISIONS MM/DD/YY DESCRIPTION# PROJECT NAME & ADDRESS PROJECT NAME PROJECT NUMBER DATE DESIGNED BY / DRAWN BY SCALE SHEET NUMBER CLIENT YOUR VISION ACHIEVED THROUGH OURS.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. PLANS PRINTED AS 11x17 ARE HALF SCALE 08/28/2020 SOLAR FARM 46433 SOLAR FARMFREDERICK COUNTYVIRGINIA1 2 623 H Street NW, 2nd Floor | Washington, DC 20001TEL 202.919.2246 www.timmons.comTHIS DRAWING PREPARED AT THEDC METRO OFFICECDL / KCM APPROVED BY FREDERICK COUNTY ZONING ADMINISTRATOR ON ____________________, 20____. SITE PLAN VALID FOR FIVE (5) YEARS FROM APPROVAL DATE. ______________________________________ FREDERICK COUNTY ZONING ADMINISTRATOR PROJECT AREA ACREAGE: 236.69 ACRES LATITUDE: 39.160579 LONGITUDE: -78.215257 WATERSHED: CONOCOCHEAGUE-OPEQUON HYDROLOGIC UNIT CODE: 02070004 PRIME FARMLAND MAP 52 HOLL O W R O A D ( R O UT E 707) 100' 60' 60' 60' 100' 100' 50' 50' 100' 100' HOLL O W R O A D ( R O U T E 7 0 7 )WELBOURNE LN A N C H O R A G E L N PARI S H VILL E R O A D ( R O UT E 610) P U G H L N PARISHVILLE ROAD (R OUTE 610)CARPERS PIKE (ROUTE 259)824'945' 585' 530'FLOWFLOWFLOWFLOWF L O W F LOW PRIMARY ACCESS ROAD 50' R/W FOR INGRESS & EGRESS 4 1 10 9 8 7 2 6 6 5 3 960 980 1000 1020 104010601 0 8 0 1 1 0 01120 1140116011801 2 0 0 122 0 1240 1 2 6 0 840860880900920940960980100 0 102010401060108011001120114011601180 900920 940 960 980 10001020104010601080 11001120 1140 1160 11 5 12 13 14 15 16 19 20 21 18 22 23 24 25 26 27 27 28 17 100' 60' 60' 60' 100' 100' 50' 50' 100' 100' 824'945' 585' 530' 1" = 300' 0 SCALE 1"=300' 600'300'NAD 83LEGEND:S:\409\46433-SOLAR FREDERICK COUNTY VA\DWG\Sheet\CUP\46433C-C2.0-EXIS.dwg | Plotted on 9/11/2020 4:47 PM | by Kelsey MayhewDRAWING DESCRIPTION REVISIONS MM/DD/YY DESCRIPTION# PROJECT NAME & ADDRESS PROJECT NAME PROJECT NUMBER DATE DESIGNED BY / DRAWN BY SCALE SHEET NUMBER CLIENT YOUR VISION ACHIEVED THROUGH OURS.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. PLANS PRINTED AS 11x17 ARE HALF SCALE 08/28/2020 SOLAR FARM 46433 SOLAR FARMFREDERICK COUNTYVIRGINIA1 2 623 H Street NW, 2nd Floor | Washington, DC 20001TEL 202.919.2246 www.timmons.comTHIS DRAWING PREPARED AT THEDC METRO OFFICECDL / KCM C2.0 SITE EXISTING CONDITIONS NOTES: 1.PROJECT AREA IS APPROXIMATE. 2. SETBACK LINES ARE 60 FEET FROM ADJACENT RIGHT-OF-WAYS, 50 FEET FROM ADJACENT PROPERTY OWNERS WITH PARCELS LESS THAN 6 ACRES, 100 FEET FROM ADJACENT PROPERTY OWNERS WITH PARCELS GREATER THAN 6 ACRES, AND 200 FEET FROM ADJACENT AGRICULTURAL AND FOREST DISTRICT PARCELS GREATER THAN 6 ACRES. 3. LANDSCAPING IS 10 FEET ALL AROUND EXCEPT WHERE 50 FEET OF MATURE WOODLAND IS EXISTING. 4. PRIMARY ZONING DISTRICT AND USE OF EACH PARCEL COMPRISING PROJECT AREA IS RA. 5. ALL PARCELS ARE LOCATED IN THE GAINESBORO MAGISTERIAL DISTRICT. 6. WETLANDS ARE SOURCED FROM NATIONAL WETLANDS INVENTORY. 7. STREAMS ARE SOURCED FROM NATIONAL HYDROGRAPHY DATASET. 8. FLOOD HAZARD DATA SOURCED FROM FEMA. 9. WOODLANDS GENERATED FROM NATIONAL LAND COVER DATASET AND AERIAL IMAGERY DIGITIZATION. 10. EXISTING TOPOGRAPHY GENERATED FROM VGIN LIDAR. 11. TOTAL LAND AREA OF THE SUBJECT PROPERTY IS 236.69 ACRES. 12. TOTAL PROPOSED LAND AREA TO BE DEVELOPED IS 82.84 ACRES. 13. PROJECT LIMITS LOCATED ENTIRELY WITHIN KARST BEDROCK. NO KNOWN KARST FEATURES ARE LOCATED WITHIN THE PROJECT LIMITS. PROPERTY LINE ADJACENT PROPERTY LINE PROPOSED ROAD SUBSTATION POWER STATION SOLAR PANELS (MOUNTING STRUCTURE) SETBACKS WOODLANDS STEEP SLOPES (GREATER THAN 15%) 5' CONTOUR INTERVALS PROJECT ENTRANCE AGRICULTURAL AND FOREST DISTRICT 1% ANNUAL FLOOD HAZARD EXISTING STRUCTURE EXISTING ROAD PROPOSED 10' LANDSCAPE SCREEN EXISTING 50' MATURE WOODLAND SCREEN TRANSMISSION LINE 20' CONTOUR INTERVALS The property identified with PIN 27-A-8 will only be used for interconnection with the substation and easement and ingress/egress to the project. 53 HOLL O W R O A D ( R O UT E 707) 100' 60' 60' 60' 100' 100' 50' 50' 100' 100' HOLL O W R O A D ( R O U T E 7 0 7 )WELBOURNE LN A N C H O R A G E L N PARI S H VILL E R O A D ( R O UT E 610) P U G H L N PARISHVILLE ROAD (R OUTE 610)CARPERS PIKE (ROUTE 259)824'945' 585' 530'FLOWFLOWFLOWFLOWF L O W F LOW PRIMARY ACCESS ROAD 50' R/W FOR INGRESS & EGRESS 960 980 1000 1020 104010601 0 8 0 1 1 0 01120 1140116011801 2 0 0 122 0 1240 12 6 0 840860880900920940960980100010201040106010801100112011401160 118 0 900920 940 960 980 10001020104010601080 11001120 1140 1160 4 1 10 9 8 7 2 6 6 5 3 11 5 12 13 14 15 16 19 20 21 18 22 23 24 25 26 27 27 28 17 1" = 300' 0 SCALE 1"=300' 600'300'NAD 83LEGEND:S:\409\46433-SOLAR FREDERICK COUNTY VA\DWG\Sheet\CUP\46433C-C3.0-SITE.dwg | Plotted on 9/11/2020 4:47 PM | by Kelsey MayhewDRAWING DESCRIPTION REVISIONS MM/DD/YY DESCRIPTION# PROJECT NAME & ADDRESS PROJECT NAME PROJECT NUMBER DATE DESIGNED BY / DRAWN BY SCALE SHEET NUMBER CLIENT YOUR VISION ACHIEVED THROUGH OURS.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. PLANS PRINTED AS 11x17 ARE HALF SCALE 08/28/2020 SOLAR FARM 46433 SOLAR FARMFREDERICK COUNTYVIRGINIA1 2 623 H Street NW, 2nd Floor | Washington, DC 20001TEL 202.919.2246 www.timmons.comTHIS DRAWING PREPARED AT THEDC METRO OFFICECDL / KCM C3.0 SITE NOTES: 1.PROJECT AREA IS APPROXIMATE. 2.SETBACK LINES ARE 60 FEET FROM ADJACENT RIGHT-OF-WAYS, 50 FEET FROM ADJACENT PROPERTY OWNERS WITH PARCELS LESS THAN 6 ACRES, 100 FEET FROM ADJACENT PROPERTY OWNERS WITH PARCELS GREATER THAN 6 ACRES, AND 200 FEET FROM ADJACENT AGRICULTURAL AND FOREST DISTRICT PARCELS GREATER THAN 6 ACRES. 3.LANDSCAPING IS 10 FEET ALL AROUND EXCEPT WHERE 50 FEET OF MATURE WOODLAND IS EXISTING. 4.PRIMARY ZONING DISTRICT AND USE OF EACH PARCEL COMPRISING PROJECT AREA IS RA. 5.ALL PARCELS ARE LOCATED IN THE GAINESBORO MAGISTERIAL DISTRICT. 6.WETLANDS ARE SOURCED FROM NATIONAL WETLANDS INVENTORY. 7.STREAMS ARE SOURCED FROM NATIONAL HYDROGRAPHY DATASET. 8.FLOOD HAZARD DATA SOURCED FROM FEMA. 9.WOODLANDS GENERATED FROM NATIONAL LAND COVER DATASET AND AERIAL IMAGERY DIGITIZATION. 10.EXISTING TOPOGRAPHY GENERATED FROM VGIN LIDAR. 11.TOTAL LAND AREA OF THE SUBJECT PROPERTY IS 236.69 ACRES. 12.TOTAL PROPOSED LAND AREA TO BE DEVELOPED IS 82.84 ACRES. 13.PROJECT LIMITS LOCATED ENTIRELY WITHIN KARST BEDROCK. NO KNOWN KARST FEATURES ARE LOCATED WITHIN THE PROJECT LIMITS. PRELIMINARY SITE PLAN SUBSTATION PROPERTY LINE ADJACENT PROPERTY LINE PROPOSED ROAD SUBSTATION POWER STATION SOLAR PANELS (MOUNTING STRUCTURE) SETBACKS WOODLANDS STEEP SLOPES (GREATER THAN 15%) 5' CONTOUR INTERVALS PROJECT ENTRANCE AGRICULTURAL AND FOREST DISTRICT 1% ANNUAL FLOOD HAZARD EXISTING STRUCTURE EXISTING ROAD PROPOSED 10' LANDSCAPE SCREEN EXISTING 50' MATURE WOODLAND SCREEN TRANSMISSION LINE 20' CONTOUR INTERVALS 54 100' 60' 60' 60' 100' 100' 50' 50' 100' 100' OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU 824'945' 585' 530' N/A S:\409\46433-SOLAR FREDERICK COUNTY VA\DWG\Sheet\CUP\46433C-C4.0-NTDT.dwg | Plotted on 9/11/2020 4:48 PM | by Kelsey MayhewDRAWING DESCRIPTION REVISIONS MM/DD/YY DESCRIPTION# PROJECT NAME & ADDRESS PROJECT NAME PROJECT NUMBER DATE DESIGNED BY / DRAWN BY SCALE SHEET NUMBER CLIENT YOUR VISION ACHIEVED THROUGH OURS.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. PLANS PRINTED AS 11x17 ARE HALF SCALE 08/28/2020 SOLAR FARM 46433 SOLAR FARMFREDERICK COUNTYVIRGINIA1 2 623 H Street NW, 2nd Floor | Washington, DC 20001TEL 202.919.2246 www.timmons.comTHIS DRAWING PREPARED AT THEDC METRO OFFICECDL / KCM C4.0 SITE VICINITY MAP SCALE 1"= 5000' NOTES AND DETAILS PARCEL OWNERS PROPOSED UTILITY PROVIDER: SHENANDOAH VALLEY ELECTRIC 3463 VALLEY PIKE WINCHESTER VA 22602 (540) 450-0111 55 HOLL O W R O A D ( R O UT E 707) OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU HOLL O W R O A D ( R O U T E 7 0 7 )WELBOURNE LN A N C H O R A G E L N PARI S H VILL E R O A D ( R O UT E 610) P U G H L N PARISHVILLE ROAD (R OUTE 610)CARPERS PIKE (ROUTE 259)824'945' 585' 530'FLOWFLOWFLOWFLOWF L O W F LOW PRIMARY ACCESS ROAD 50' R/W FOR INGRESS & EGRESS OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU 824'945' 585' 530' 1" = 300' 0 SCALE 1"=300' 600'300'NAD 83NOTES: 1.PROJECT AREA IS APPROXIMATE. 2.PRIME FARMLAND DATA FROM NRCS SSURGO SOILS LEGEND:S:\409\46433-SOLAR FREDERICK COUNTY VA\DWG\Sheet\CUP\46433C-C5.0-FARM.dwg | Plotted on 9/11/2020 4:48 PM | by Kelsey MayhewDRAWING DESCRIPTION REVISIONS MM/DD/YY DESCRIPTION# PROJECT NAME & ADDRESS PROJECT NAME PROJECT NUMBER DATE DESIGNED BY / DRAWN BY SCALE SHEET NUMBER CLIENT YOUR VISION ACHIEVED THROUGH OURS.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. PLANS PRINTED AS 11x17 ARE HALF SCALE 08/28/2020 SOLAR FARM 46433 SOLAR FARMFREDERICK COUNTYVIRGINIA1 2 623 H Street NW, 2nd Floor | Washington, DC 20001TEL 202.919.2246 www.timmons.comTHIS DRAWING PREPARED AT THEDC METRO OFFICECDL / KCM C5.0 SITE PROJECT LIMITS - 236.69 AC NOT PRIME FARMLAND - 236.69 AC FARMLAND OF STATEWIDE IMPORTANCE - 0 AC PRIME FARMLAND - 0 AC PRIME FARMLAND MAP 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Planning Commission Agenda Item Detail Meeting Date: February 17, 2021 Agenda Section: Information/Discussion Title: Ordinance Amendment - Boat Repair in the RA Zoning District - (Mr. Klein) Attachments: PC02-17-21OABoatRepairRADistrict.pdf 71 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Boat Repair Shop DATE: February 3, 2021 Staff has been requested to draft an amendment to the Zoning Ordinance to include “Boat Repair Shop” as a conditional use in the RA (Rural Areas) Zoning District. The Frederick Zoning Ordinance currently allows boat repair shops only within the M1 (Light Industrial) and M2 (Industrial General) Zoning Districts (classified as SIC-37 Transportation Equipment). A comparable use would be automotive repair (SIC-75 Automotive Repair, Services, and Parking), which is also allowed as a by-right use in the M1 and M2 Zoning District. In addition to being a by-right use in the M1 and M-2 Districts, automotive repair is also permitted as a conditional use in the RA District (public garage). Staff has prepared a text amendment for three (3) areas of the Zoning Ordinance. These include: 1) a new definition for a “boat repair shop," 2) supplemental use regulations for boat repair shops and, 3) the inclusion of boat repair shops as a conditional use in the RA District. The Development Review and Regulations (DRRC) discussed this item at their meeting on January 28, 2021. The DRRC agreed with the text amendment as drafted by staff and forwarded it to the Planning Commission for discussion. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. MTK/pd 72 Draft January 19, 2021 ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions 165-101.02 Definitions and word usage. Boat Repair- A structure or portion thereof, designed for or used for serving, repair, or equipping boats, but not including boat sales. ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses 165-204.33 Boat repair shop All boat repair uses shall meet the following requirements: A. All repair activities shall take place entirely within an enclosed structure. B. All exterior storage of parts and equipment shall be screened from view of surrounding properties boats, parts, and equipment shall be screened from view of surrounding properties by an opaque fence or screen six (6) feet in height. This fence or screen shall be adequately maintained. C. In the RA, M1, and M2 Zoning Districts the sale or resale of boats shall not be permitted as an accessory or secondary use to a boat repair shop. ARTICLE IV Agricultural and Residential Districts Part 401 RA Rural Areas District 165-401.3 Conditional Uses. DD. Boat repair. 73