HomeMy WebLinkAbout12-21 PC Staff ReportCONDITIONAL 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
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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.
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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.
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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
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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
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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
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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
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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.
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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).
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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.
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