PC 12-01-21 Meeting MinutesFrederick County Planning Commission Page 3870
Minutes of December 1, 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 December 1, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; John F. Jewell, Member-At-Large; Gary R. Oates, Stonewall District; H.
Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek
District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Charles E.
Triplett, Gainesboro District; Roderick B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the December 1, 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 Triplett
the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to
remove the item for REZ #05-21 Paula Henry.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the October 20, 2021 and November 17,
2021 meetings.
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Minutes of December 1, 2021
COMMITTEES
Transportation Committee – Mtg. 11/22/21
Commissioner Oates reported the Committee was presented a summary of the
Transportation Forum held at the airport and an updated was shared on the County projects.
Development Review & Regulations Committee – Mtg. 11/17/21
Commissioner Oates reported there were two items discussed; Pedestrian Access and
Street Design, both of which are on tonight’s agenda.
City of Winchester – Mtg. 11/30/21
Commissioner Pifer, Winchester City Planning Commission Liaison, reported the
commission heard numerous items; a zoning ordinance in the Medical District, location on N. Cameron
Street to B1, and several site plan approvals.
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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.
Bob Clark of the Opequon District came forward and voiced his concerns with the
possible annex agreement with Middletown. He stated he and numerous others are against this.
No one else came forward to speak and Chairman Kenney closed the public comments
portion of the meeting.
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PUBLIC HEARING
Conditional Use Permit #12-21 for Hollow Road Solar, LLC submitted to construct an
approximately 83+/- acre (disturbed area) and up to 20-megawatt (MW) utility scale solar power
generating facility. The subject properties, totaling 326+/- acres are generally located south of
Parishville Road (Route 610) and south of the terminus (cul-de-sac) of Anchorage Lane (Route
1416) in Gore, and are identified with Property Identification Numbers (PINs) 27-A-8, 27-A-11, and
27-A-12 in the Gainesboro Magisterial District.
Action – Recommend Approval
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Minutes of December 1, 2021
M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit
(CUP) to enable the construction of a utility-scale solar power generating facility on 326 +/- acres in the
Gainesboro Magisterial District, the property is zoned Rural Areas (RA) and the current land use is
agricultural/vacant/forestal. Mr. Klein shared a locations map of the property and noted there are three
parcels totaling the acreage for this project. He continued, this project will generate up to 20 megawatts
(MW) of photovoltaic (solar) energy. Mr. Klein explained, 135 acres (disturbed area) will be utilized for
the installation of rows of ground-mounted photovoltaic modules (solar panels), inverters, vehicle access
paths, security fencing, and landscaping. He noted, power generated will be combined, converted, and
increased to allow delivery to the adjacent Gore substation. Mr. Klein presented mapping of the proposed
solar panels and pointed out a historical barn on the property. He shared the Zoning Ordinance
conformance to include the Concept Plan and the Decommissioning Plan. Mr. Klein reviewed the
Comprehensive Plan Conformance associated with this application:
• The plan envisions this area of the County to remain primarily rural in nature and
for agricultural land to be preserved for future generations (Chapter II – Rural
Areas).
• Solar siting policies (Chapter IV – Business Development
o Utility scale solar facilities are typically passive uses with limited
impacts to the environment and the rural character
o Implementation of this use can facilitate the preservation of agricultural
and rural land for future use once these sites are decommissioned
o Opportunities for landowners to recoup value from their property without
subdividing
o Tax revenue to the County through M&T beyond land use assessment
Mr. Klein reported on Other Permitting associated with this application: 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). The PBR is a state-level
administrative review and approval process, including extensive environmental and cultural review and
study. Mr. Klein shared the Solar Facility Siting Agreement: Enabled by the Code of Virginia (§15.2-
2316.7) for projects submitted after January 1, 2021; The applicant will grant a conservation easement for
parcels 27-A-11 and 27-A-12 (236.69 +/- acres) and will execute an extinguishment of transferrable
development rights (TDR); Solar siting agreement memorialized in Condition #4; and approval of the
siting agreement is an action of the Frederick County Board of Supervisors. As recommended by Staff,
Mr. Klein presented the 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 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 November 5, 2021.
3. Pursuant to the Code of Virginia §15.2-2241.2(B), the owner shall comply with
the Decommissioning Plan, included with the CUP application, prepared by
Hollow Road Land Holdings, LLC, dated November 5, 2021, and shall update
the Decommissioning Plan every five (5) years.
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4. At the time the project achieves commercial operation, the owner will grant a
conservation easement for the property encompassed by Tax Parcels 27-A-11 and
27-A-12 and will execute an extinguishment of transferrable development rights
for Tax Parcels 27-A-11 and 27-A-12. These conditions shall be memorialized
in a solar siting agreement with Frederick County, in a form acceptable to the
Board of Supervisors, pursuant to the Code of Virginia Section 15.2-2316.6 et
seq.
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 (1) entrance from
Parishville Road (Route 610) and one (1) entrance from Anchorage Lane (Route
1416) in conformance with the Concept Plan, included with the CUP application,
prepared by Timmons Group, dated November 5, 2021. Delivery of solar array
panel construction materials and equipment shall occur only at the site access
entrance off Parrishville Road (Route 610) identified as “Primary Access Road”
on Sheet 3 of the Concept Plan. Use of 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.
Mr. Klein noted, any recommendation for approval also affirms that the proposed solar
facility is in accordance with the County’s Comprehensive Plan. He concluded, this application was
denied on March 10, 2021 and the revised application for consideration now includes: A Solar Siting
Agreement pursuant to the Code of Virginia §15.2-2316.7; and the applicant is also now the landowner of
the properties identified with PIN’s 27-A-11 and 27-A-12.
Following the staff presentation, the Applicant remarks noted receipt of the citizen
comments from neighbors in the Whitham Orchard subdivision, provided a summary of estimated
monetary contribution of the project to the County through tax revenue from the machine and tool tax on
the infrastructure in addition to the land use assessment, and summarized the conservation easement and
extinguishment of transfer of development rights (TDR) commitment (at time of commercial operation)
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contained in the solar facility siting agreement. The Applicant also highlighted the natural topography of
the site and existing mature vegetation would maintain an effective screen from neighboring properties
and residences. One of the property owners (Ms. Diane Holmes) who is part of the application also spoke
in support of the conservation of the land to remain “rural” as opposed to seeing the property develop as a
subdivision with a lot of houses.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Four (4) members of the public (Owen Mills, Sara Kite, David Alter, Cheryl Alter) spoke
on the proposed CUP and expressed concerns with impacts to the viewshed, wildlife, and perceived
impact to property values and health concerns.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
The Planning Commission discussion focused primarily on the construction process (pile
driving of poles for solar arrays and hours of operation), and discussion of if the property does not
develop as a solar farm, it may ultimately develop as residential (or other use) with a net negative impact
to the County. Commissioners specifically noted the solar facility siting agreement and conveyance of the
conservation easement and extinguishment of TDR would ensure no residential would be developed in
the future.
Upon a motion made by Commissioner Triplett and seconded by Commissioner Dawson
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval Conditional
Use Permit #12-21 for Hollow Road Solar, LLC submitted to construct an approximately 83+/- acre
(disturbed area) and up to 20-megawatt (MW) utility scale solar power generating facility. The subject
properties, totaling 326+/- acres are generally located south of Parishville Road (Route 610) and south of
the terminus (cul-de-sac) of Anchorage Lane (Route 1416) in Gore, and are identified with Property
Identification Numbers (PINs) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District.
Yes: Triplett, Dawson, Jewell, Brumback, Kozel, Manuel, Oates, Molden, Mohn, Kenney
No: Thomas
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INFORMATION/DISCUSSION
Ordinance Amendments – Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor
Vehicles, Pedestrian Access, and Street Design.
M. Tyler Klein, Senior Planner, reported this is a request to amend Chapter 144 –
Subdivision of Land and amend Chapter 165 – Zoning Ordinance to clarify, amend and remove
requirements contained in the following sections: general provisions, supplementary use regulations,
regulations for specific uses, and design standards.
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Steep Slopes (§144-2 & §165-101.02)
• This is a proposed revision to amend the definition for “steep slopes” from 15%
and 50% respectively to 35%.
• Both chapters apply to many land applications such as subdivisions, site plans,
and the Transfer of Development Rights (TDR) Program and therefore
application of a consistent standard in needed.
Farm Wineries, Farm Breweries, and Farm Distilleries (§165-204.22)
• This is a proposal to remove provisions for festival permits.
• The Board of Supervisors removed Chapter 86 – Festival Permits from the Code
of Frederick County in the spring of 2021.
• This amendment would eliminate the festival permit requirement and removes
the limitation of 100 persons permitted at events held on farm wineries,
breweries, and distilleries.
Inoperable Motor Vehicles (§165-101.02 & §165-204.11)
• This is a request to prohibit the unscreened storage of inoperable trailers (trailer,
camping trailer, or semitrailer).
• Currently, the Zoning Ordinance prohibits the unscreened outdoor storage of
inoperable motor vehicles; however, the current definition does not include
provisions for the regulation of trailers.
• This amendment is seeking to regulate trailers in the same manner as inoperable
motor vehicles.
Pedestrian Access (§165-203.03)
• This is a request to amend the section for pedestrian walkways/trails to ensure
pedestrian accommodations are provided to implement Comprehensive Plan
policies.
• The Zoning Ordinance currently requires sidewalks only when they are planned
as included in a “corridor or walkway plan.”
Street Design (§144-17)
• This is a request to modify the requirements for minimum right-of-way for each
street classification (local street, minor collector, major collector, and arterial
roadways), to ensure the design of the roadway fulfills future roadway
classification as specified in the Comprehensive Plan, and meets all current
criteria as required by the Virginia Department of Transportation (VDOT).
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• Presently, only minimum right-of-way is required which may be insufficient for
planned future conditions contained in the Comprehensive Plan.
The Planning Commission asked Staff to confirm that “farm use” trailers, like vehicles,
would not be impacted by the change to the definition/additional regulations for “inoperable motor
vehicles;” Mr. Klein noted that farm use trailers would be exempt like farm use vehicles.
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OTHER
Wyatt G. Pearson, Director of Planning asked Commissioners to check their emails for
upcoming information on the retreat. He noted, we will have a meeting on December 15, 2021.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously
passed. The meeting adjourned at 8:10 p.m.
Respectfully submitted,
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Kevin W. Kenney, Chairman
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Roderick B. Williams, Secretary