PC 02-17-21 Meeting MinutesFrederick County Planning Commission Page 3785
Minutes of February 17, 2021
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 February 17, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/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; Christopher M. Mohn, Red Bud District; Charles E. Triplett, Gainesboro District; Alan L.
Morrison, Member at Large; Roderick B. Williams, County Attorney.
ABSENT: Robert S. Molden, Opequon District; Kathleen Dawson, Red Bud District.
STAFF PRESENT: Candice E. Perkins, Assistant Director; M. Tyler Klein, Senior Planner; Shannon L.
Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the February 17, 2021 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 Oates the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Manuel and seconded by Commissioner Thomas
the Planning Commission unanimously adopted the minutes from the December 17, 2020 meeting.
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Minutes of February 17, 2021
COMMITTEES
Development Review and Regulations Committee – Mtg. 01/28/21
Commissioner Oates reported the committee held its election of officers. The committee
discussed Boat Repair in the RA Zoning District and a request was made to use slats and chain link fence
for outdoor storage areas, this was sent back for further study.
Frederick Water – Mtg. 02/16/21
Commissioner Marston reported, the Board approved the FY 2022-31 Capital
Improvement Plan and adopted the 2021 Water and Sewer Standards and Specifications Manuel.
Commissioner Marston shared the operations report for January 2021.
City of Winchester – Mtg. 02/16/21
Chairman Kenney reported on behalf of the City of Winchester liaison. The Commission
recommended approval of an ordinance repealing and replacing Article 17 of the zoning ordinance which
updates and improves the regulations regarding nonconformities in the zoning ordinance. They also
recommended approval of a CUP for Potesta and Associates, Inc. for accessory structures in the front and
side yard at 2833 Valley Avenue.
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.
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PUBLIC HEARING
Conditional Use Permit #01-21 for Hollow Road Solar, LLC, submitted to construct a 20-megawatt
utility-scale 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
Number (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.
Action – Recommend Approval
Commissioner Triplett shared, pursuant to Virginia Code Section 2.2-3112 and 2.2-3115
he would like to disclose that he is a retiree of Allegheny Power which is now First Energy and he
receives pension benefits from First Energy; electricity from the proposed project would be received,
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Minutes of February 17, 2021
transmitted, and possibly purchased by First Energy. He is able to participate in this consideration of the
CUP application fairly, objectively and in the public interest.
M. Tyler Klein, Senior Planner, reported this application is submitted to construct a 20-
megawatt utility-scale solar facility on properties totaling approximately 326 +/- acres. He shared a
location map of the property. Mr. Klein continued; the Board of Supervisors added “utility-scale solar
power generating facilities” as a conditional use to the Zoning Ordinance on January 8, 2020. He
explained, this site would be utilized for the installation of rows of ground-mounted photovoltaic
modules, commonly known as solar panels, other necessary equipment for facility operations, access
paths, security fencing and landscaping. Mr. Klein reported this project will generate up to 20 megawatts
of photovoltaic (solar) energy which will be converted and transmitted through the adjoining Gore
substation. He noted, 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. Mr. Klein shared, 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; and the preservation of the underlying land maintains
the ability for agricultural uses in the future. Mr. Klein presented the Zoning Ordinance Conformance:
• 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):
o 60-feet from setbacks from right-of-way streets and roads
o 50-feet side/rear setback from adjoining parcels 6-acres or less
o 100-feet side/rear setback from adjoining parcels of more than 6-acres
o 200-feet side/rear setback from Ag. & Forestal Districts (more than 6-
acres and orchards (regardless of size)
*Zoning Ordinance requirements for “Public Utilities” including
“utility-scale solar power generating facilities” (§165-204.26) specifies
the Zoning Administrator has the authority to determine appropriate
setbacks for lots.
• Site Plan review and approval under Article VIII:
o Concept Plan submitted with application
o Setbacks of 50-feet to 100-feet around perimeter of the project
o Landscaping/screening provided through a “Landscape Buffer” including
a mix of deciduous trees, evergreen trees and shrubs
o Access to the site is proposed through two (2) entrances: Parrishville
Road across Pin 27-A-8 (construction equipment & materials only) and
Anchorage Lane (passenger vehicles during construction & post-
construction maintenance)
• Decommissioning Plan:
o Decommissioning Plan submitted with application
o Provisions for removal of all equipment; site restored to “pre-
development condition”
o Specifies entering into a written agreement and “financial security” with
Frederick County for life of the project in conformance with Zoning
Ordinance requirements and Code of Virginia
o Estimated costs are reviewed and updated every five (5) years
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• Permit-By-Rural (PBR)
o In addition to requirements contained in the Zoning Ordinance, the
applicant will pursue a “Permit-By-Rule” (PBR) through the Virginia
Department of Environmental Quality (DEQ)
o The PBR is a state level administrative review and approval process,
including environmental and cultural review and study
o 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
Mr. Klein presented the conditions of this CUP as recommended by Staff:
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 Frederick 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.
5. Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of 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
of the concept Plan. Use of the 50’ R/W ingress and egress from Anchorage
Lane shall only be used for passenger vehicle access during construction and
post-construction maintenance.
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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 I 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.
9. Any expansion or modification of this land use will require the approval of a new
CUP.
Commissioner Triplett inquired if this will be a leased property or if the applicant will
purchase it and could any houses be developed on the site. Mr. Klein explained, the Applicant will
respond to the purchasing agreement and it is his understanding it will be purchased eventually. He
noted, there could possibly be a significant number of homes built on this property.
Commissioner Mohn asked if environmental studies will be performed by the State. Mr.
Klein commented there will be a Phase 1 and Phase 2 of studies completed for things such as wildlife,
water quality, and cultural. Commissioner Jewel asked if this property is zoned agricultural. Mr. Klein
stated yes, it is currently orchards, now owned by National Fruit. Commissioner Jewell asked if sold
could this property be developed. Mr. Klein noted, yes, this is in the RA District and could be developed.
Commissioner Marston inquired why there will be two entrances to the property. Mr.
Klein explained one is an access easement and would be abandoned once construction is complete, and
the other would be for passenger vehicles. Commissioner Triplett asked if the storage cells present no
hazard. Mr. Klein stated that is correct. Chairman Kenney inquired about the screen on the northwest
side and how tall it will be. Mr. Klein explained at the time of planting it will follow the zoning
ordinance; with 4’ evergreens and 18” shrubs and the screening is the same as previous applications and
they are making use of the natural vegetation as well. Commissioner Thomas asked if more conditions
can be added to this to improve the buffers. Mr. Klein stated that is correct, conditions can be added and
the one’s being presented can also be revised.
Mr. Patrick Groom of Blue Ridge Energy and Infrastructure came forward and clarified
the right-of-way; they will retain the right-of-way but will not use it unless construction is needed. He
presented a brief overview of the company and noted there are currently no operating projects however
they do have two under development and two in the early stages.
Commissioner Thomas asked how much glare is anticipated on the western border. Mr.
Grooms commented it would be very minimal due to a southwest tilt of the panels. Commissioner
Morrison asked if a gate could be placed at the construction entrance. Mr. Grooms stated there is a gate
there now and they are willing to keep it there. Commissioner Morrison commented this is the third
project of this type in a short period of time and he is concerned with the County becoming saturated.
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Chairman Kenney asked if they will be leasing the property or purchasing. Mr. Grooms
stated the property has been abandoned and will be sold therefore they will purchase the land.
Commissioner Marston asked what the timeframe is for service. Mr. Grooms stated the standard is 30 –
35 years. Commissioner Thomas asked if they would consider a 100’ buffer on the west side of the
property. Mr. Grooms commented, they will consider and have the engineer take a look at this.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. David Alter of Parrishville Road came forward and shared his concerns with the
height of the panels and the reflection this may present. He inquired if there will be towers or mainly
underground lines.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioner Oates commented he was surprised with the location and he does not feel
there will be a glare issue. Commissioner Thomas stated he is concerned with the viewshed. He feels the
buffers associated with solar fields should be reviewed by Staff and the ordinance updated accordingly.
He would like to see a condition added to this requiring a 100’ buffer on the west side of the property.
Commissioner Jewell stated he is concerned that two solar fields have already been approved and nothing
has happened. Commissioner Marston agreed with Commissioner Jewell and feels the process should
slow down until things start to unfold with the others. Commissioner Mohn commented he appreciates
the concerns and if they are meeting the ordinance requirements there is not much in slowing it down.
Upon a motion made by Commissioner Triplett and seconded by Commissioner Thomas
with the addition of a Condition to increase the western boundary buffer to 100 feet and that this
application is in conformance with the Comprehensive Plan.
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of
Conditional Use Permit #01-21 for Hollow Road Solar, LLC, submitted to construct a 20-megawatt
utility-scale 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 Number (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.
YES: Triplett, Thomas, Kenney, Mohn, Morrison, Oates, Manuel, Kozel
NO: Jewell, Marston, Cline
(Note: Commissioner Molden and Commissioner Dawson were absent from the meeting)
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INFORMATION/DISCUSSION
Ordinance Amendment – Boat Repair in the RA Zoning District
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M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to
Chapter 165 – Zoning Ordinance to add “boat repair shop” as a conditional use in the RA (Rural Areas)
Zoning District. The Frederick County Zoning Ordinance currently allows boat repair shops only within
the M1 (Light Industrial) and M2 (Industrial General) Zoning Districts. He continued, a comparable use
would be “automotive repair,” 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 M2 Districts, automotive repair is also permitted as a
conditional use in the RA District (“public garage”). Mr. Klein explained, the proposed text amendment
modifies three (3) areas of the Zoning Ordinance:
• Definition for a “boat repair shop” (§165-101.02)
• Addition of “boat repair shop” as a conditional use in the RA District (§165-
401.03)
• Additional regulations for specific uses for “boat repair shops” (§165-204)
o 165-101.02 Definitions and word usage
Boat Repair Shop – A structure or portion thereof, designed for
or used for serving, repair, or equipping boats, but not including
boat sales
o 165-401.3 Conditional Uses
DD. Boat Repair Shop
o 165-204.33 Boat Repair Shop
All Boat Repair uses shall meet the following requirements:
All repair activities shall take place entirely within an enclosed
structure
All exterior storage of 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.
In the RA, M1, and M2 Zoning District the sale or resale of
boats shall not be permitted as an accessory or secondary use to a
boat repair shop.
Mr. Klein concluded, the DRRC discussed this item on January 28, 2021 and agreed with
the text amendment as drafted by Staff and forwarded it to the Planning Commission for discussion.
Chairman Kenney asked how this item was brought up. Mr. Klein commented it was
from a citizen wanting to do boat repair and wanting to go through the proper channels.
This item was sent forward to the Board of Supervisors with a favorable recommendation
from the Planning Commission.
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OTHER
A brief discussion was held in regards to reducing the number of Planning Commission
members from 13 to 7 and possibly having more work sessions. It was recommended that more
information be provided by Staff and discussed at a later date.
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Cancelation of Regular Meeting
Chairman Kenney announced there were no pending items for the Planning
Commission’s March 3, 2021 meeting and it will be canceled.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Triplett to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 8:10 p.m.
Respectfully submitted,
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Kevin W. Kenney, Chairman
____________________________
Roderick B. Williams, Secretary