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PC 12-01-21 Meeting Agenda1.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.October 20, 2021 Meeting Minutes 3.B.November 17, 2021 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Conditional Use Permit #12-21 for Hollow Road Solar, LLC - (Mr. Klein) Submitted to construct an approximately 135+/- 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 Number (PINs) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District. 7.Information/Discussion Items 7.A.Ordinance Amendments- Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian AGENDA PLANNING COMMISSION WEDNESDAY, DECEMBER 1, 2021 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC12-01-21MinutesOctober20.pdf PC12-01-21MinutesNovember17.pdf PC12-01-21CUP12-21_Redacted.pdf 1 Access, and Street Design - (Mr. Klein) This is a discussion of proposed amendments to Chapter 144 – Subdivision Ordinance and Chapter 165 – Zoning Ordinance to clarify, amend and remove requirements contain in general provisions, supplementary use regulations, regulations for specific uses, and design standards. 8.Other 8.A.Current Planning Applications 9.Adjourn PC12-01-21OA_SteepSlopes_FarmWineriesBreweriesDistilleries_etc.pdf 2 Planning Commission Agenda Item Detail Meeting Date: December 1, 2021 Agenda Section: Meeting Minutes Title: October 20, 2021 Meeting Minutes Attachments: PC12-01-21MinutesOctober20.pdf 3 Frederick County Planning Commission Page 3855 Minutes of October 20, 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 October 20, 2021. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Gary R. Oates, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; John F. Jewell, Back Creek District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large. ABSENT: Robert S. Molden, Opequon District. STAFF PRESENT: Wyatt G. Pearson, Director; Candice E. Perkins, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the October 20, 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 the addition of a Resolution for William H. Cline. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the September 1, 2021 and September 15, 2021 meetings. ------------- 4 Frederick County Planning Commission Page 3856 Minutes of October 20, 2021 COMMITTEES Frederick Water – Mtg. 09/21/21 Commissioner Jewell reported, the Board requested revisions to the Frederick Water Articles of Incorporation. The revision would permit Frederick Water to provide services outside Frederick County and the Board of Director for Frederick Water requested that the Frederick County Board of Supervisors formally endorse the expansion and revise the Articles of Incorporation. Commissioner Jewell provided information on the Opequon Water Supply Plan (OWSP) Update. He shared the operations report for August 2021. Transportation Committee – Mtg. 09/27/21 Commissioner Oates reported, the Committee was presented an update on County projects and Mr. John Bishop gave a detailed explanation of the Transportation Funding in Virginia. ------------- 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 Conditional Use Permit #10-21 for David Hermens submitted to construct a wireless telecommunication tower consisting of a 90-foot tower. The property is located at 101 Greenway Court, Winchester, Virginia and is identified with Property Identification Number 60A-2A-A-16 in the Back Creek Magisterial District. Action – Recommend Denial Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to allow for a 90-foot wireless telecommunication tower; the property is located at 101 Greenway Court, Winchester, Virginia and is in the Back Creek Magisterial District. He continued, this tower is located on a 2.4 +/- acre property that is zoned RA (Rural Areas) Zoning District and is primarily used for residential purposes; the site is surrounded by other residential RA zoned properties. Mr. Cheran shared a zoning map of the property and surrounding area. He noted, the Frederick County Zoning Ordinance allows for the construction of telecommunication facilities in the RA Zoning District only with an approved CUP. Mr. Cheran explained, the subject tower was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance; the applicant is seeking approval of this CUP to abate the zoning violation. Mr. Cheran shared the conditions for this CUP as recommended by Staff. 5 Frederick County Planning Commission Page 3857 Minutes of October 20, 2021 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Commissioner Thomas inquired if it should be stated in the conditions that should the tower fall, it should fall within the property. Mr. Cheran commented that can certainly be added however he does not feel this will be an issue. Commissioner Jewel asked who built the tower. Commissioner Morrison commented it does appear if the tower would fall it would remain on the property and it does not seem it would be a problem. Mr. David Hermens, the Applicant came forward to address questions. He stated Verizon Wireless built the tower. 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. Chairman Kenney noted how often people forget about getting permits for things and it is his understanding the Applicant is trying to get things in order. Commissioner Jewell stated he is concerned with this application. Commissioner Morrison stated that on the paperwork associated with this application it says Winchester Wireless erected this tower. Commissioner Manuel commented that the paperwork also gives a diagram of the tower and how it would fall. Commissioner Kozel asked how many homes this will provide service to. Mr. Hermens stated just one and he was advised it could also co-locate. Commissioner Brumback asked when the tower was built, and Mr. Hermens stated 2020. She commented one of the memos says it violates the covenants of the development. Mr. Hermens commented there are no covenants or HOA. Chairman Kenney asked how many companies will be using the tower. Mr. Hermens noted he is uncertain at this point however the conditions state it is available for co-locating. Commissioner asked Mr. Hermens if he had internet access prior to last year and he stated yes however the service was horrible. Commissioner Jewell asked if he was aware of any other available services in the area and Mr. Hermen stated no to his knowledge. Upon a motion made by Commissioner Jewell and seconded by Commissioner Oates BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of Conditional Use Permit #10-21 for David Hermens submitted to construct a wireless telecommunication tower consisting of a 90-foot tower. The property is located at 101 Greenway Court, Winchester, Virginia and is identified with Property Identification Number 60A-2A-A-16 in the Back Creek Magisterial District. Yes: Jewell, Brumback, Kozel, Manuel, Oates, Thomas, Triplett, Mohn, Kenney No: Dawson, Morrison (Note: Commissioner Molden was absent from the meeting.) 6 Frederick County Planning Commission Page 3858 Minutes of October 20, 2021 Conditional Use Permit #11-21 for Bartonsville Energy Facility II, LLC submitted to construct an approximately 430+/- acre (disturbed area) utility-scale solar power generating facility located on a property totaling approximately 636.7 +/- acres (known as the “Phase II Expansion Area). The properties are generally located south of Marlboro Road (Route 631), on the east and west side of Strode McLeod lane, west of CSX rail corridor, and south and west of the Town of Stephens City in Frederick County. The properties subject to the Phase II Expansion Area are identified with Property Identification Number 73-A-104, 74-A-18, 74-A-18A, 74-A-18B, 74-A-19, 74-A-20, and 85- A-1, in the Back Creek Magisterial District. This application also revises CUP #05-21, approved by the Frederick County Board of Supervisors on September 23, 2020 for Bartonsville Energy Facility, LLC, to locate solar arrays on the property identified with Property Identification Number 74-A- 20. All other elements of the previous CUP approval, remain unchanged under the Phase II application. Action – Recommend Approval Commissioner Mohn would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit (CUP) to allow for utility-scale solar power generating facility. The property is located in the Back Creek magisterial district south of Marlboro Road (Route 631), on the east and west side of Strode McLeod Lane Road, west of CSX rail corridor, and south and west of the Town of Stephens City. He stated this facility is located on a 636.7 +/- acre property that is zoned RA (Rural Areas) Zoning District and primarily used for agricultural purposes. Mr. Klein shared a locations map of the property. He continued, this project will generate 40 to 60 megawatts (MW) of photovoltaic (solar) energy; 430 acres will be utilized for the installation of rows of ground-mounted photovoltaic modules, commonly known as solar panels, other necessary equipment for facility operations (a substation and inverters), vehicle access paths, security fencing and landscaping. Mr. Klein commented, power generated will be combined, converted, and increased to allow delivery to the adjacent First Energy 138 kilovolt (KV) transmission line. He noted, the remaining land on site will be maintained for agricultural use by the property owners. Mr. Klein reported, this application includes a parcel associated with CUP #05-21, approved by the Frederick County Board of Supervisors on September 23, 2020 for Bartonsville Energy Facility, LLC, to locate solar arrays on the property identified with PIN 74-A-20 and was previously only an interconnection parcel. He noted, all other elements of the previous CUP approval, remain unchanged under the Phase II application. Mr. Klein shared a map depicting the Phase I and Phase II projects. He explained the Zoning Ordinance conformance and the site plan review and approval under Article VIII: • A Concept Plan (revised 10/12/21) was submitted with the application • Setbacks of 100 ft to 200 ft are proposed around the perimeter of the project • Landscaping/Screening provided through a “Landscape Buffer” and existing vegetation • Access to the site is proposed through two (2) entrances one (1) from Marlboro Road (Route 631) via Strode McLeod Lane to be used for construction access and general site access (for maintenance post-construction), and one (1) entrance from Family Drive also using Strode McLeod Lane to be used only for emergency access Mr. Klein presented visuals of the Concept Plan. He shared the Zoning Ordinance conformance in regards to the Decommissioning Plan: 7 Frederick County Planning Commission Page 3859 Minutes of October 20, 2021 • Decommissioning Plan submitted with the application • Provisions for removal of all equipment; site restored to “pre-development condition” • Specified entering into a written agreement and “financial security” with Frederick County for life of the project in conformance with Zoning Ordinance requirements and the Code of Virginia • Estimated costs for decommissioning are reviewed and updated every five (5) years Mr. Klein reviewed the Comprehensive Plan Conformance associated with this application: • 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 preservation of the underlying land maintains the ability for agricultural uses in the future • The use, once in operation, is highly passive, it does not generate noise, odor, glare, or traffic and is proposed to be extensively screened from view minimizing adverse effects on surrounding properties Mr. Klein shared other permitting and agreements pertaining to 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; the Applicant will also be seeking approval of a “solar siting agreement” outlined in the Code of Virginia §15.2-2316.7. The solar siting agreement is to be considered by the Board of Supervisors. 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 Phase II Expansion Area Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated October 12, 2021. 3. 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 Exhibit D: Expansion Area Decommissioning Plan, included with the Cup application, prepared by Torch Clean Energy, dated September 2021. 4. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, are prohibited as part of this CUP. 8 Frederick County Planning Commission Page 3860 Minutes of October 20, 2021 5. Access to the site shall be limited to two (2) entrances: one (1) entrance from Marlboro Road (Route 631) via Strode McLeod lane to be used for construction and general site access, and one (1) entrance from Family Drive using Strode McLeod lane to be used for emergency access only and the entrance configuration be in general conformance with the Phase II Expansion Area Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated October 12, 2021. Delivery of solar array panel construction materials will occur at the site access entrance off of Marlboro Road using Strode McLeod Lane on Sheet 3 of the Concept Plan. Solar array panel materials delivery laydown area will be restricted to Tax Parcel 74-A-18. 6. Phase 1 Archeological Survey will be completed and submitted to the Department of Planning & Development prior to site plan approval. This survey should document the collection of historic structures on and around this development and determine if this area would qualify as a rural historic district. 7. Pile-driving of poles for solar arrays during construction shall be limited to 7:00 a.m. to 5:00 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. Any expansion or modification of this land use will require the approval of a new CUP. Mr. Klein concluded, any recommendation for approval should also include a statement affirming that the proposed solar facility is in substantial accordance with the Comprehensive Plan. Commissioner Oates and Commissioner Jewell expressed concern if the project were not to be approved the alternative use may be residential homes which would have a significant capital impact to the County and would see the land permanently change from agriculture uses. Commissioner Thomas expressed concern with environmental impact panels and equipment installed may have on soil composition/suitability for agriculture in the future. Diane Kearns spoke on behalf of her family who owns the property. She explained the plans to keep the farm agriculture. Matthew McDonald came forward and shared his concerns with this project and asked about the decommissioning process. Doug McDonald asked about the setbacks and is concerned with the access through his property. Charles Heath shared his concerns with this project being in his backyard and how this can be approved before Phase I is built. Julie Gordon presented some statistics on solar farms and is concerned the precedent this will set since this will be the third one. 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 a motion made by Commissioner Jewell and seconded by Commissioner Brumback BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Conditional Use Permit #11-21 for Bartonsville Energy Facility II, LLC submitted to construct an approximately 430+/- acre (disturbed area) utility-scale solar power generating facility located on a property totaling approximately 636.7 +/- acres (known as the “Phase II Expansion Area). The properties are generally located south of Marlboro Road (Route 631), on the east and west side of Strode McLeod 9 Frederick County Planning Commission Page 3861 Minutes of October 20, 2021 lane, west of CSX rail corridor, and south and west of the Town of Stephens City in Frederick County. The properties subject to the Phase II Expansion Area are identified with Property Identification Number 73-A-104, 74-A-18, 74-A-18A, 74-A-18B, 74-A-19, 74-A-20, and 85-A-1, in the Back Creek Magisterial District. This application also revises CUP #05-21, approved by the Frederick County Board of Supervisors on September 23, 2020 for Bartonsville Energy Facility, LLC, to locate solar arrays on the property identified with Property Identification Number 74-A-20. All other elements of the previous CUP approval, remain unchanged under the Phase II application. Yes: Jewell, Brumback, Kozel, Manuel, Oates, Morrison, Dawson, Kenney No: Triplett, Thomas (Note: Commissioner Molden was absent from the meeting.) 2040 Frederick County Comprehensive Plan Update; the Plan addresses the future of Frederick County for its Citizens. The Plan is supported by two Appendices: Appendix I, which includes each of the County’s Area Plans (including the Kernstown Area Plan and an update to the Southern Frederick Area Plan) and Appendix II which contains background information. Action – Recommend Approval Candice E. Perkins, Assistant Director, reported the Code of Virginia requires localities to review and update their plan every five years. The current 2035 Comprehensive Plan was adopted in January of 2017; therefore, an updated plan would need to be adopted by January 2022. She explained the Comprehensive Plan consists of three documents: • The Plan – chapter that focus on aspects of the County’s vision for the future. These chapters address: Urban Areas, Rural Areas, Residential Development, Business Development, Transportation, Public Facilities, Natural Resources, and Historic Resources • Appendix I – small area and joint land use plans • Appendix II – background information such as statistics and projections Ms. Perkins continued, the Primary Plan updates are as follows: • Urban Areas o Consolidating text o Clarification of existing policies and future land uses o Focus on ensuring new development has adequate infrastructure and impact mitigation • Rural Areas o Expansion of agricultural uses and residential development o Greater detail and overview for conservation tools/programs • Residential Development o Consolidating text o Focusing residential in the UDA, housing choices 10 Frederick County Planning Commission Page 3862 Minutes of October 20, 2021 • Business Development o Updated data/employers o Recognition of diversified agribusiness uses o Text pertaining to solar • Transportation o Updated data and projects o Text pertaining to revenue and funding • Public Facilities o Additional text regarding general government o Updated information from FCPS, Parks, F&R, Frederick Water o Broadband and telecommunications • Natural Resources o Inundation zones o Relocation of Agricultural Districts to the Rural Areas Chapter • Historic Resources o Minor text edits Ms. Perkins shared the updates to the Appendix I: • Minor text edits and updates to data • Growth boundary changes (UDA/SWSA) • Land Use designation changes to reflect plan amendments • Transportation updates to reflect current plans/changes • Infrastructure text updates Ms. Perkins explained, Appendix II primarily contains background data and therefore these figures have been updated to reflect current data available. She noted, applicable sections of The Plan were reviewed and updated by Frederick County Public Schools, Parks and Recreation, Fire and Rescue, the Airport Authority, the Economic Development Authority, Frederick Water, and the Transportation Committee. Ms. Perkins concluded, the Comprehensive Plans and Programs Committee (CPPC) discussed these updates at their March, April, June, July and August 2021 meetings; the draft updates were endorsed at the August meeting and set forward to the Planning Commission. The Planning Commission held a discussion on September 1, 2021 and the Board of Supervisors discussed The Plan at their September 22, 2021 meeting and sent it forward to Public Hearing. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. John Light of the Stonewall District came forward and commented the need for a NELUP study. He explained the benefits and the possibility of data transmission centers. Mr. Dana Newcome, a member of the HRAB shared his concerns with the vast historical sites within Frederick County and the need for preservation. Mr. Logan Thompson representing Carmeuse Lime and Stone shared a brief overview of the Company. He noted, they would like to suggest the potential modifications to the future land-use 11 Frederick County Planning Commission Page 3863 Minutes of October 20, 2021 designations offered in the updated Area Plan maps; specifically, the maps shown on pages 3, 9, and 12 of the document titled “2025 Comprehensive Plan, Appendix I, Area Plans”. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Mohn suggested to note comments made as this is sent forward to the Board of Supervisors. Mr. Pearson commented, Staff is already planning to visit the NELUP. Upon a motion made by Commissioner Mohn and seconded by Commissioner Jewell BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the 2040 Frederick County Comprehensive Plan Update; the Plan addresses the future of Frederick County for its Citizens. The Plan is supported by two Appendices: Appendix I, which includes each of the County’s Area Plans (including the Kernstown Area Plan and an update to the Southern Frederick Area Plan) and Appendix II which contains background information. (Note: Commissioner Molden was absent from the meeting.) Establishment of a New Agricultural and Forestal District to – this is a request to establish a new Hayfield Agricultural and Forestal District, comprising 819.9 +/- acres. This District meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to create a new Agricultural and Forestal District “Hayfield District” that totals 819.9 +/- acres and is located within the Back Creek Magisterial District and is generally located 2.5 miles west of the intersection of Route 50 and South Hayfield Road (Route 600). He noted, the proposed District would consist of five parcels managed by one (1) property owner. Mr. Cheran explained, there are currently nine (9) Agricultural and Forestal Districts and the advantages of the programs are: Land use taxation; preserving land for open space; promotes agribusinesses and long-range agricultural planning; and bonus density for the County’s Transfer of Development Rights Program (1 density right = 2 dwelling units). Mr. Cheran presented mapping of the proposed District. He concluded, the Agricultural District Advisory Committee (ADAC) recommended approval of the Hayfield District at their meeting on September 21, 2021. Chairman Kenney asked how much of the property could be used for buildable lots. Mr. Cheran commented there would not be much because the land is very sloping. Mr. Bo Bassler the Applicant stated about 300 acres are rolling topography and about 400 acres are on the side of the mountain. Mr. Bassler noted he plans to live there and has no plans for development. 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 a motion made by Commissioner Jewell and seconded by Commissioner Thomas 12 Frederick County Planning Commission Page 3864 Minutes of October 20, 2021 BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the Establishment of a New Agricultural and Forestal District to – this is a request to establish a new Hayfield Agricultural and Forestal District, comprising 819.9 +/- acres. This District meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. (Note: Commissioner Molden was absent from the meeting.) ------------- OTHER Mr. Wyatt G. Pearson, Director, presented the current planning applications. He asked the Commissioners to inform him if any should still require having a cellular connection for the iPads. Mr. Pearson reminded everyone of the upcoming Transportation Forum. ------------- 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 Triplett and unanimously passed. The meeting adjourned at 8:45 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ___________________________ Roderick B. Williams, Secretary 13 Planning Commission Agenda Item Detail Meeting Date: December 1, 2021 Agenda Section: Meeting Minutes Title: November 17, 2021 Meeting Minutes Attachments: PC12-01-21MinutesNovember17.pdf 14 Frederick County Planning Commission Page 3865 Minutes of November 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 November 17, 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. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director Transportation; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the November 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 Oates and seconded by Commissioner Manuel the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- COMMITTEES Frederick Water – Mtg. 11/16/21 Commissioner Jewell reported, the Frederick Water Board accepted the FY2021 Finance Statements and Reports; approved the Federal Grants Policy and revised Procurement Policy; and authorized the amended Abrams Creek West Water and Sewer Agreement. He shared the October operations report. 15 Frederick County Planning Commission Page 3866 Minutes of November 17, 2021 Historic Resources Advisory Board – Mtg. 11/16/21 Commissioner Molden reported, the Board reviewed a Conditional Use Permit for Redbud Run Solar project located on three parcels of land that total 264 acres and is located on the eastern side of Woods Mill Road, north of Pine Road, approximately 0.5 miles north of Berryville Pike in the Stonewall Magisterial District. Transportation Committee Commissioner Oates presented a brief overview of the Transportation Forum that was held on October 26 and stated it had a good turnout of people. City of Winchester – Mtg. 11/16/21 Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission held public hearings for a Conditional Use Permit and an Ordinance Amendment. They also did a resolution forwarding the 2021 Comp Plan to Council. ------------- 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 Conditional Use Permit #08-21 for Southern States Winchester Cooperative, Inc. submitted to construct an agricultural supply cooperative facility. The subject property is located at 5844 Valley Pike, Stephens City and is identified with Property Identification Number (PIN) 85-A-46A in the Opequon Magisterial District. Action – Recommend Approval Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. John A. Bishop, Assistant Director Transportation, reported this is a request for a Conditional Use Permit (CUP) to gravel a lot and add a sales building adjacent to the existing Southern States facility. The property is located in the Opequon magisterial district at 5844 Valley Pike. He noted, the proposed expansion is located on a 5.064 acre parcel that is zoned RA (Rural Areas) and is currently vacant. He clarified, this is in no way tied to a previous Ordinance Amendment for fuel sales. Mr. 16 Frederick County Planning Commission Page 3867 Minutes of November 17, 2021 Bishop shared a locations map of the property. He explained, this proposal is an expansion of Southern States Coop operations; a roadway will be constructed connecting this property to the existing operations for access purposes; it will have a gravel lot; a sales building will be constructed; and it will have a place for fuel storage. A sketch plan of the proposal was presented. Mr. Bishop share the conditions of this proposal as recommended by Staff. 1. All review agency comments 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 outlines in §165- 204.34 of the Frederick County Zoning Ordinance and be in general conformance with the sketch plan for Conditional Use Permit for Southern States, included with the CUP application, prepared by Greywolfe, Inc., dated July 26, 2021. 3. Any expansion or modification of this land use will require the approval of a new CUP. 4. To comply with the HRAB comments, the Applicant shall incorporate a vegetative buffer of 1 native species tree per 40 feet along US 11 frontage. 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 a motion made by Commissioner Thomas and seconded by Commissioner Jewell BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #08-21 for Southern States Winchester Cooperative, Inc. submitted to construct an agricultural supply cooperative facility. The subject property is located at 5844 Valley Pike, Stephens City and is identified with Property Identification Number (PIN) 85-A-46A in the Opequon Magisterial District. Conditional Use Permit #09-21 for KSS, LC submitted for establishment of a special event facility on 303.81+/- acres in the RA (Rural Areas) Zoning District. The subject property is located at 1454 Apple Pie Ridge Road (Route 739) and is identified with Property Identification Number (PIN) 42- A-356 in the Stonewall Magisterial District. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit (CUP) to allow for a special event facility. The property is located at 1454 Apple Pie Ridge Road in the Stonewall magisterial district. He continued, this proposed special event facility is located on a 303.81+/- acre property that is zoned RA (Rural Areas) Zoning District and is primarily used for residential and agricultural purposes. He shared a location map of the property. Mr. Klein share the specifics of this proposal: use of existing barn for event space; events to accommodate up to 200 persons; outside food and beverages (no on-site facilities); designated parking area (100 spaces); portable restroom facilities; events held May through October (anticipated bi-monthly). Mr. Klein presented aerial photos of the property. He shared the conditions of this CUP as recommended by Staff. 17 Frederick County Planning Commission Page 3868 Minutes of November 17, 2021 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance and addressing additional regulations for specific uses contained in §165-204.30, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A modified commercial entrance, meeting all Virginia Department of Transportation (VDOT) standards, shall be permitted and installed within one (1) year of the approval of this CUP. 4. Events shall start no earlier than noon and all events and related activities shall conclude by 11 p.m. Amplified outdoor music shall conclude by 9 p.m. 5. Special events may accommodate up to and not to exceed 200 persons. 6. One (1) monuments style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Ms. Katherine Solenberger, the Applicant came forward and share a brief overview of the intent of the proposal. She requested approval so that she can continue to share the beauty of this historic property. Commissioner Jewell asked if the entrance would be adjusted. She stated she has met with VDOT and Carrol Construction and will be preparing and easement and she will be responsible for maintaining the entrance and road. 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 a motion made by Commissioner Oates and seconded by Commissioner Jewell BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #09-21 for KSS, LC submitted for establishment of a special event facility on 303.81+/- acres in the RA (Rural Areas) Zoning District. The subject property is located at 1454 Apple Pie Ridge Road (Route 739) and is identified with Property Identification Number (PIN) 42-A-356 in the Stonewall Magisterial District. ------------- OTHER Mr. Wyatt G. Pearson, Director, shared an application for Secure Store, a self-storage facility which is at the corner of Warrior Drive and Tasker Road was approved. He noted the two CUP’s that came through the Planning Commission were both postponed for 90 days by the Board of Supervisors; the Comprehensive Plan update was approved; and the Hayfield Ag & Forestal District was approved. ------------- 18 Frederick County Planning Commission Page 3869 Minutes of November 17, 2021 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 ___________________________ Roderick B. Williams, Secretary 19 Planning Commission Agenda Item Detail Meeting Date: December 1, 2021 Agenda Section: Public Hearings Title: Conditional Use Permit #12-21 for Hollow Road Solar, LLC - (Mr. Klein) Attachments: PC12-01-21CUP12-21_Redacted.pdf 20 CONDITIONAL USE PERMIT #12-21 Hollow Road Solar, LLC Staff Report for the Planning Commission Prepared: November 19, 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: 12/01/21 Pending Board of Supervisors: 12/08/21 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately 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 November 5, 2021. 3. Pursuant to 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. 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 Code of Virginia Section 15.2-2316.6 et seq. 5. Batteries, for the purposes of mass storage of electricity that will eventually be 21 Page 2 CUP #12-21 – Hollow Road Solar, LLC November 19, 2021 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 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 Parishville Road (Route 610) identified as “Primary Access Road” on Sheet 3 the Concept Plan. Use of the “50’ R/W Ingress & Egress/Secondary Access Road” 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 accordance with the Comprehensive Plan. 22 Page 3 CUP #12-21 – Hollow Road Solar, LLC November 19, 2021 LOCATION: The properties are generally located south of Parishville Road (Route 610), generally south of the terminus (cul-du-sac) of Anchorage Lane (Route 1416), and generally north and west of Hollow Road (Route 707) 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 (Holmes property) 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. 23 Page 4 CUP #12-21 – Hollow Road Solar, LLC November 19, 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. 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. 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. 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 24 Page 5 CUP #12-21 – Hollow Road Solar, LLC November 19, 2021 Register. The HRAB noted that there is a historic farm complex located on the site that had not 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: The Planning Commission and Board of Supervisors previously considered this conditional use permit application for a utility-scale solar power generating facility on the subject properties with CUP #01-21 (denied by the BOS on March 10, 2021). The revised application for consideration, CUP #12-21, now includes a Solar Siting Agreement pursuant to the Code of Virginia § 15.2-2316.7. The applicant, Hollow Road Land Holdings, LLC, is also now the landowner of the properties identified with PIN’s #27-A-11 & #27-A-12. Proposal & Site Configuration 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. The undisturbed portion of the property will remain open space and forestal. The property identified with PIN #27-A-8 (89+/- acres Holmes property) will only be used for a subsurface interconnection easement and ingress/egress; no solar arrays (panels) or supporting equipment will be sited on 25 Page 6 CUP #12-21 – Hollow Road Solar, LLC November 19, 2021 PIN #27-A-8. 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. 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 only be utilized as backup for solar tracker motors, substation, and associated equipment. Site Access & Transportation: 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). The Applicant has agreed to limit delivery of solar array panel construction materials and equipment to enter/depart the property only from Parishville Road (identified as “Primary Access Road” on Sheet 3 the Concept Plan prepared by Timmons Group dated November 5, 2021). Use of the “50’ R/W Ingress & Egress/Secondary Access Road” from Anchorage Lane (as noted on Sheet 3) will be used only for passenger vehicle access and post-construction maintenance to mitigate impact to residential properties sharing Anchorage Lane. 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. Comprehensive Plan Conformance: The Comprehensive Plan envisions this area of the County to remain primarily rural in nature and for rural areas to be preserved to ensure the economic viability of agricultural and forestal operations and that those lands are present for the use and enjoyment of future generations (Chapter II – Rural Areas). The project, as proposed, is compatible with the Comprehensive Plan. The project will not adversely impact the rural character of the area or the adjoining agricultural and residential uses. The proposed use is highly passive with limited noise, odor, glare, lighting, and traffic during operations. The preservation of the underlying land maintains the ability to use the property for agriculture in the future if and when the facility is decommissioned. Maintaining the existing topography of the site, existing vegetation and planting new buffers will preserve the rural viewshed from adjoining properties. Further, the included Decommissioning Plan ensures a monetary guarantee to cover associated cost with the restoration of the land to it pre-development state. Zoning Ordinance Conformance: Utility-scale solar power generating facilities are a permitted use in the RA (Rural Areas) Zoning 26 Page 7 CUP #12-21 – Hollow Road Solar, LLC November 19, 2021 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 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. 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. Decommissioning Plan: 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 #3 ensures that Frederick County would maintain a bond that is updated every five (5) years keeping it up to date. Solar Siting Agreement: The applicant will also propose consideration before the Board of Supervisors a “solar siting agreement.” Solar siting agreements are outlined in the Code of Virginia § 15.2-2316.7; the code states any applicant for a solar project, or an energy storage project shall give to the host locality written notice of the applicant's intent to locate in such locality and request a meeting. Such applicant shall meet, discuss, and negotiate a siting agreement with such locality. The siting agreement may include terms and conditions, including (i) mitigation of any impacts of such solar project or energy storage project; (ii) financial compensation to the host locality to address capital needs set out in the (a) capital improvement plan adopted by the host locality, (b) current fiscal budget of the host locality, or (c) fiscal fund balance policy adopted by the host locality; or (iii) assistance by the applicant in the deployment of broadband, as defined in § 56- 585.1:9, in such locality. The solar siting agreement legislation took effect July 1, 2021 and applies only to projects submitted on or after January 1, 2021. At the time the Hollow Road Solar project achieves commercial operation, the Applicant (Hollow Road Land Holdings, LLC) will grant a conservation easement to the Frederick County 27 Page 8 CUP #12-21 – Hollow Road Solar, LLC November 19, 2021 Conservation Easement Authority (CEA) for the property encompassed by Tax Parcels 27-A-11 and 27-A-12 (236.69 +/--acres) and will execute an extinguishment of transferrable development rights (TDR) for Tax Parcels 27-A-11 and 27-A-12. These conditions will be memorialized in a solar siting agreement with Frederick County, pursuant to Code of Virginia Section 15.2-2316.6 et seq. Ultimately, approval of the siting agreement is an action of the Frederick County Board of Supervisors. Notes: A conservation easement is a legal agreement between a landowner and a government agency or non-profit conservation organization that places permanent limits on the future development of the property in order to protect the land, assuring that properties within conservation easements will remain rural and undeveloped, and restricting it from conversion to large-scale subdivisions or industrial/commercial uses. Land preserved with a conservation easement may still be used for farming, agribusiness/agritourism and forestry operations. Other Permitting: 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 12/1/2021 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 November 5, 2021. 28 Page 9 CUP #12-21 – Hollow Road Solar, LLC November 19, 2021 3. Pursuant to 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. 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 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 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 Parishville Road (Route 610) identified as “Primary Access Road” on Sheet 3 the Concept Plan. Use of the “50’ R/W Ingress & Egress/Secondary Access Road” 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). 29 Page 10 CUP #12-21 – Hollow Road Solar, LLC November 19, 2021 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 accordance with the Comprehensive Plan. 30 £¤50 ¬«259 27 A 12 27 A 11 27 A 8 975HOLLOW RD 975HOLLOW RD 960CARPERSPIKE 753CARPERS PIKE 900CARPERSPIKE 531CARPERSPIKE 481CARPERSPIKE 413CARPERSPIKE 365CARPERSPIKE 201CARPERS PIKE 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 157ANCHORAGE LN684PARISHVILLE RD 536PARISHVILLE RD 120ANCHORAGE LN 181PUGH LN 510PARISHVILLE 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 PU G H LNWHITACR E RDCARPERS PIKEPARISHVILLE RDNO RTHW ESTERNPIKEHOLLOW RD Application Parcels Agricultural & Forestal Districts South Timber Ridge µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 10, 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 # 1 2 - 2 1 : H o llo w R o a d S o la 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 l ityZoning M a p CUP #12-21 CUP #12-21 CUP #12-21 31 £¤50 ¬«259 27 A 12 27 A 11 27 A 8 975HOLLOW RD 975HOLLOW RD 960CARPERSPIKE 753CARPERS PIKE 900CARPERSPIKE 531CARPERSPIKE 481CARPERSPIKE 413CARPERSPIKE 365CARPERSPIKE 201CARPERS PIKE 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 157ANCHORAGE LN684PARISHVILLE RD 536PARISHVILLE RD 120ANCHORAGE LN 181PUGH LN 510PARISHVILLE 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 PU G H LNWHITACR E RDCARPERS PIKEPARISHVILLE RDNO RTHW ESTERNPIKEHOLLOW RD Application Parcels µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 10, 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 # 1 2 - 2 1 : H o llo w R o a d S o la 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 l ityLocation M a p CUP #12-21 CUP #12-21 CUP #12-21 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 See attached email from Lloyd Ingram, VDOT to Blue Ridge Energy dated January 22, 20201 01.22.21LloydTransportationEngineer 52 From:Rhonda Funkhouser To:notices@breh.com; bhanzl@breh.com Cc:bradley.riggleman@vdot.virginia.gov; Lloyd Ingram; Tyler Klein Subject:"[External]"Hollow Road Solar, LLC - VDOT Comments to CUP Date:Friday, January 22, 2021 8:04:16 AM Attachments:Hollow Road Solar, LLC - Comment Sheet.pdf 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,off 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. 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. Lloyd A. Ingram Land Development Engineer Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/534-3214 fax: 540/984-5607 e-mail: Lloyd.Ingram@vdot.virginia.gov 53 54 55 56 57 58 59 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 November 19, 2020 Hollow Road Solar, LLC Blue Ridge Energy & Infrastructure Holdings LLC 112 South Street SE, Suite 2A Leesburg, Virginia 20175 RE: Request for Historic Resources Advisory Board (HRAB) Comments Conditional Use Permit – Hollow Road Solar – Utility Scale Solar Project Zoning: RA (Rural Areas) District Magisterial District: Gainesboro Dear Applicant: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on October 20, 2020. The HRAB reviewed information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant. This application seeks to construct a utility scale solar project located on two parcels of land that total 236 acres. The project will consist of rows of ground-mounted photovoltaic modules, commonly known as solar panels. The site is located at 806 Hollow Road in Gore, in the Back Creek Magisterial District and identified by Property Identification Numbers (PINs): 27-A-11 and 27-A-12. Historic Resources Advisory Board Comments: The HRAB discussed the site and the potential visual impact the project would have on surrounding historic resources. 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 historic register. There are also a number of identified historic sites within the vicinity which have not been evaluated and therefore their historic significance is unknown. The HRAB noted that there is a historic farm complex located on the site that had not 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. It was noted by the Board that 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 (mothballed), not demolished as proposed. The historical significance of Hollow Road which is eligible for the State and Natural Register (also included in a book by Willa Cather) was also discussed. The HRAB expressed concern that a viewshed analysis had not been completed, and therefore the visual impact is unknown. 60 Historic Resources Advisory Board CUP Comments – Hollow Road Solar November 19, 2020 Page 2 After reviewing the information provided, the Historic Resources Advisory Board (HRAB) recommended approval of the CUP with the following conditions: While a Phase 1 Archeological Survey will be completed as part of the permitting of this project, the investigation into the structures on the subject property need to go further. The survey needs to document the collection of historic structures on and around this development. A Phase II Survey needs to be conducted for the house/barn and surrounding site area. 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). Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICP, CZA, Assistant Director CEP/pd cc: Chris Oldman, HRAB Chairman Tyler Klein Brenda Hanzl bhanzl@breh.com 61 62 63 Planning Commission Agenda Item Detail Meeting Date: December 1, 2021 Agenda Section: Information/Discussion Items Title: Ordinance Amendments- Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian Access, and Street Design - (Mr. Klein) Attachments: PC12-01-21OA_SteepSlopes_FarmWineriesBreweriesDistilleries_etc.pdf 64 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 Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor Vehicles; Pedestrian Access; and Street Design DATE: November 19, 2021 Proposal (Summary): This is a request to amend Chapter 144 – Subdivision Ordinance and amend Chapter 165 – Zoning Ordinance to clarify, amend and remove requirements contain in general provisions, supplementary use regulations, regulations for specific uses, and design standards. A summary of changes to each section is outlined below. 1. Steep Slopes Proposal: This is a proposed revision to Chapter 144 – Subdivision Ordinance and Chapter 165 – Zoning Ordinance 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 is needed. Current Zoning & Subdivision Ordinance Standards: The Zoning Ordinance definition (§165-101.02) for “steep slopes” specifies land where the slope exceeds 50%. The Subdivision Ordinance (§144-2) definition for “steep slopes” specifies land where the slope exceeds 15%. 2. Farm Wineries, Farm Breweries, & Farm Distilleries Proposal: This is a proposed revision to Chapter 165 – Zoning Ordinance to remove provisions for festival permits for farm wineries, farm breweries, and farm distilleries. The Board of Supervisors removed Chapter 86 – Festival Permits from the Code of Frederick County in the spring of 2021. The intent of this Zoning Ordinance text amendment is to update this provision to align with the removal of Chapter 86 (Festival Permits). This amendment would eliminate the requirement for a festival permit and removes the limitation of 100 persons permitted at events held on farm wineries, breweries, and distilleries. Current Zoning Ordinance Standards: The Zoning Ordinance (§165-204.22) states that for events occurring at farm wineries, farm breweries or farm distilleries where 100 people or more are anticipated and will include music and entertainment festival permit will be required. 65 DRRC Discussion Ordinance Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor Vehicles; Pedestrian Access; and Street Design November 19, 2021 Page 2 3. Inoperable Motor Vehicles Proposal: This is a request to amend Chapter 165 – Zoning Ordinance to prohibit the unscreened storage of inoperable trailers (trailer, camping trailer, or semitrailer). Currently, the Zoning Ordinance prohibits the unscreene d outdoor storage of inoperable motor vehicles; however, the current definition does not include provisions for the regulation of trailers. This amendment is seeking to amend the Zoning Ordinance so that trailers are subject to the same regulations as inoperable vehicles. Current Zoning Ordinance Standards: The Zoning Ordinance (§165-101.02) defines “inoperable motor vehicles” as any motor vehicle which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. The Zoning Ordinance (§165-204.11) Landfills, junkyards, trash disposal and inoperable vehicles, states that these are not permitted to be stored outside of a completely enclosed structure in all Zoning Districts except the RA (Rural Areas) District which allows for them to be screened from public roads or surrounding properties. 4. Pedestrian Access Proposal: This is a request to amend Chapter 165 – Zoning Ordinance to for pedestrian walkways/trails to align Zoning Ordinance and Subdivision Ordinance requirements and ensure pedestrian accommodations are provided to implement Comprehensive Plan policies. Current Zoning & Subdivision Ordinance Standards: The Zoning Ordinance (§165-203.03) currently requires sidewalks only when they are planned as included in a “corridor or walkway plan.” The Subdivision Ordinance (§144-18(A)) is more specific in the language: sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. 4. Street Design Proposal: This is a request to amend Chapter 144 – Subdivision Ordinance 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 to ensure the design of the roadway meets all current criteria as required by the Virginia Department of Transportation (VDOT). Current Zoning Ordinance Standards: The Subdivision Ordinance (§144-17) currently includes only minimum right-of-way which may be insufficient for planned future conditions contained in the Comprehensive Plan. 66 DRRC Discussion Ordinance Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor Vehicles; Pedestrian Access; and Street Design November 19, 2021 Page 3 DRRC Summary: The Development Review and Regulations Committee (DRRC) discussed the proposed amendments for steep slopes, farm wineries/farm breweries/farm distilleries, and inoperable motor vehicles at their October 28, 2021, meeting and were supportive of the proposed changes. The DRRC proposed changing the steep slopes definition for both the Subdivision and Zoning Ordinance to 35% (this change is reflected in the revised text). The DRRC discussed the proposed amendment for pedestrian access and street design at their November 18, 2021, meeting and were supportive of the proposed changes. No additional comments were provided. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by staff (with bold italic for text added). Staff is seeking comments from the Planning Commission to forward to the Board of Supervisors for discussion. TK/pd Attachment: 1. Revised ordinance with additions shown in bold underlined italics. 67 Proposed Changes – Steep Slopes Revised November 18, 2021 Chapter 144 – Subdivision Ordinance ARTICLE II Definitions §144-2 Definitions and word usage. Steep Slopes Land where the slope exceeds 15% 35% Chapter 165 – Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02 Definitions and word usage. Steep Slopes Land where the slope exceeds 50% 35%. 68 Proposed Changes – Farm Wineries, Farm Breweries, and Farm Distilleries Drafted October 15, 2021 Chapter 165 – Zoning Ordinance ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.22 Farm wineries, farm breweries, and farm distilleries. Farm wineries, farm breweries and farm distilleries in the RA (Rural Areas) District shall meet the following requirements: A. Farm wineries. A farm winery shall be licensed as a Class A or Class B farm winery in accordance with § 4.1-207 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No farm winery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3E of the Code of Virginia shall be permitted. B. Farm breweries (limited brewery). A farm brewery shall be licensed as a limited brewery in accordance with § 4.1-208 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No limited brewery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3:1 of the Code of Virginia shall be permitted. C. Farm distilleries (limited distiller). A farm distillery shall be licensed as a limited distiller in accordance with § 4.1-206 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No limited distillery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3:2 of the Code of Virginia shall be permitted. D. The following activities are permitted accessory uses at farm wineries, breweries and distilleries: 1) On-site tours. 2) Kitchen and catering activities. 3) Providing light refreshments and appetizers (food preparation beyond this, excluding catering for events, shall require a conditional use permit for a restaurant). E. Events shall be permitted only on farm wineries, farm breweries and farm distilleries of 10 acres or larger. Events for the purposes of this section shall include but are not limited to meetings, conferences, dinners, festivals, and wedding receptions. Any event at which more than 100 people are anticipated and will include music and entertainment will require a festival permit. F. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County for all farm wineries, distilleries and breweries. G. Farm wineries, breweries and distilleries that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. 69 Proposed Changes – Inoperable Motor Vehicles Drafted October 15, 2021 Chapter 165 – Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions 165-101.02 Definitions and Word Usage. INOPERABLE MOTOR VEHICLE OR TRAILER - Any motor vehicle, trailer, camping trailer, or semitrailer, which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle. Vehicles, trailers, camping trailers, and semitrailers shall also be considered inoperable if they do not display a valid license plate or a valid inspection decal. or on which there are displayed neither valid license plates nor a valid inspection decal. ARTICLE II Supplementary Use Regulations; Parking; Buffers and Landscaping; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles and trailers. Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by the zoning district regulations of this chapter. Where allowed, such uses shall meet all requirements of the Frederick County Code and applicable state and federal regulations. C. Inoperable motor vehicles and trailers. 1) Inoperable motor vehicles and trailers shall not be stored outside of a completely enclosed building in the following zoning districts: RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community MH1 Mobile Home Community HE High Education MS Medical Support B1 Business Neighborhood B2 General Business 70 Proposed Changes – Inoperable Motor Vehicles Drafted October 15, 2021 B3 Industrial Transition OM Office-Manufacturing Park M1 Light Industrial M2 Industrial General EM Extractive Manufacturing 2) Inoperable motor vehicles and trailers permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties. Permitted screening shall include opaque fences, opaque landscaping or opaque natural vegetation. 71 Proposed Changes – Pedestrian Access Drafted October 20, 2021 Chapter 165 – Zoning Ordinance ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 Off-Street Parking, Loading and Access §165-202.03 Motor vehicle access. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks and multi-use trails shall be provided in conformance with adopted Comprehensive Plan policies for present and future roadway classifications corridor or walkway plans and/or approved master development plans. The Board of Supervisors may require additional sidewalks or walkways on master plans or the Zoning Administrator may require additional sidewalks or walkways on site plans to promote a general system of pedestrian access in residential neighborhoods or business corridors Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two-foot-wide grass strip or swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks shall be a minimum of five (5) feet wide; multi-use trails shall be a minimum of ten (10) feet wide. 72 Proposed Changes – Road Classification Revised November 9, 2021 Chapter 144 – Subdivision of Land ARTICLE V Design Standards §144-17 Streets K. Classification. The classification of proposed streets shall be determined by the Frederick County Comprehensive Plan or by the standards of the Virginia Department of Transportation (VDOT). The subdivider may be required to reserve rights-of-way for and/or construct major roads as well as minor streets where applicable and construct appropriate road improvements, bicycle and pedestrian accommodations and access points. 1) Local street. A "local street" shall be a street within a subdivision which may be required to serve as access to adjoining property or to connect with streets in an adjoining subdivision. and having an average daily projected traffic count at full build out of zero to 400 average daily trips and shall be constructed to the following standards in accordance with projected traffic: a) Minimum right-of-way width shall be 55-feet (with curb and gutter, and pedestrian accommodation on both sides) or as required by VDOT standards.. 2) Minor collector. A "minor collector" shall be a street within a subdivision that collects traffic from local streets and distributes it to the major collector and arterial system. These streets provide land access service and traffic circulation within residential, commercial and industrial areas and may be required to serve as access to adjoining properties or to connect with streets in adjoining subdivisions. Minor collectors shall have a projected average daily traffic count at full build out from 401 to 3,000 daily trips or be streets designated as minor collectors by the Frederick County Comprehensive Plan. Minor collectors shall be constructed to the Virginia Department of Transportation Urban Design Standards. a) Minimum right-of-way shall be 60-feet (with curb and gutter, and pedestrian accommodation on both sides) or as required by the Virginia Department of Transportation VDOT standards. 3) Major collector. A "major collector" shall be a street that collects traffic from local streets and minor collectors and distributes it to the arterial system. These streets provide links to higher classified routes and serve as important intracounty travel corridors. Major collectors shall have a projected average daily traffic count at full build out from 3,001 to 6,000 average daily trips or be streets designated as major collectors by the Frederick County Comprehensive Plan. a) Minimum right-of-way shall be 80 feet. Minimum right-of-way requirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan (including total number of lanes, medians, curb and gutter and pedestrian accommodations) and/or as required by VDOT standards. 73 Proposed Changes – Road Classification Revised November 9, 2021 4) Minor arterial. A "minor arterial" shall be a street designed to provide for either primary or secondary through traffic movement between major secondary roads, collectors, arterials or other major thoroughfares. Minor arterials interconnect and supplement the principal arterial system with a greater emphasis on land access and a lower level of traffic mobility. The minor arterial shall have a projected average daily traffic count at full build out from 6,001 to 8,000 average daily trips or be street designated as a minor collector by the Comprehensive Plan and shall be constructed to the following standards in accordance with projected traffic: a) Minimum right-of-way shall be 90 feet. Minimum right-of-way requirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan (including total number of lanes, medians, curb and gutter and pedestrian accommodations) and/or as required by VDOT standards. 5) Major arterial. A "major arterial" shall be a street designed as a major carrier of through traffic. having a projected average daily traffic count at full build out of over 8,000 average daily trips or be designated as a major collector by the Frederick County Comprehensive Plan and shall be constructed to the following standards: a) Minimum right-of-way width shall be 100 feet. Minimum right-of-way requirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan (including total number of lanes, medians, curb and gutter and pedestrian accommodations) and/or as required by VDOT standards. b) Controlled access with service drives shall be required. 74 Planning Commission Agenda Item Detail Meeting Date: December 1, 2021 Agenda Section: Other Title: Current Planning Applications Attachments: 75