The URL can be used to link to this page

Home My WebLink AboutPC 03-02-22 Meeting MinutesFrederick County Planning Commission Page 3896 Minutes of March 2, 2022 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 March 2, 2022. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William A. Orndoff, Stonewall District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District ; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Charles Markert, Red Bud District; Kathleen Dawson, Red Bud District; Austin Cano, Assistant County Attorney ABSENT: H. Paige Manuel, Shawnee District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the March 2, 2022 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. ------------- Frederick County Planning Commission Page 3897 Minutes of March 2, 2022 COMMITTEES Development Review and Regulations Committee – Mtg. 02/24/22 Commissioner Kozel reported the Committee elected Elizabeth Kozel as Chairman and Roger Thomas as Vice Chairman. They also discussed ordinance amendments to include: R4 and R5 conditional uses; off-street parking requirements for residential dwellings; and protection of environmental features waivers. City of Winchester – Mtg. 02/15/22 Commissioner Richardson, Winchester City Planning Commission Liaison, reported the Commission is reviewing a rezoning for the old Elms Motel. ------------- CITIZEN COMMENTS Chairman Jewell 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 Jewell closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #02-22 for Redbud Run Solar, LLC submitted to construct an approximately 263-acre +/- utility scale solar power generating facility. The subject properties are generally located east of Woods Mill Road (Rt. 660) and north of Pine Road (Rt. 661), approximately 0.5-mile north of Berryville Pike (Rt. 7) and are identified with Property Identification Numbers (PINs) 55-A-136, 55-A-137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A- 297, 44-A-294A, and 44-A-295 in the Stonewall Magisterial District. Pursuant to Code of Virginia Section 15.2-2316.6 et seq., a solar facility siting agreement, between Red Bud Run Solar, LLC and the Frederick County Board of Supervisors is also being considered. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit (CUP) to enable the construction of a utility-scale solar power generating facility on 263 +/- acres in the Stonewall Magisterial District. The property is zoned Rural Areas (RA) District, and the current land use is agricultural/vacant/forestal. He shared a location map of the property. Mr. Klein continued, 150 acres (disturbed area) will be utilized for the installation of rows of ground-mounted photovoltaic modules (i.e., Frederick County Planning Commission Page 3898 Minutes of March 2, 2022 solar panels), inverters, vehicle access paths, security fencing, and landscaping. He noted, the power generated will be combined, converted, and increased to allow delivery to the adjacent Redbud Gaylor transmission lines. Mr. Klein presented the concept plan and noted the 3 land bays and the 3 points of access. He shared the Zoning Ordinance conformance: Concept Plan (and subsequent Site Plan submission); and Decommissioning Plan. He also noted the Comprehensive Plan: The plan envisions this area of the County to remain primarily rural in nature and for agricultural land to be preserved for future generations (Chapter II – Rural Area); and Solar siting policies (Chapter IV – Business Development). Mr. Klein explained in regards to Other Permitting: In addition to the requirements contained in the Zoning Ordinance, the Applicant will pursue a “Permit -by-Rule” (PBR through the Virginia Department of Environmental Quality (DEQ); and the PBR is a state-level administrative review and approval process, including extensive environmental and cultural review and study. Mr. Klein shared the Solar Facility Siting Agreement: • Enabled by the Code of Virginia (§15.2-2316.7) for projects submitted after January 1, 2021. • Applicant will make $10,000 payment at start of construction, plus $500/MW per year with 1.5% escalator. • Solar siting agreement memorialized in Condition #4. • Approval of the siting agreement is an action of the Frederick County Board of Supervisors. Mr. Klein concluded, should the Planning Commission find this use to be appropriate, Staff recommends 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 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 outline 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 Greenway Engineering, dated January 18, 2022. 3. Pursuant to the Code of Virginia §15.2-2241.2(B), the owner shall comply with the Decommissioning Plan, included with the CUP application, prepared by Oriden, and shall update the Decommissioning Plan every five (5) years. 4. At the time the project achieves commercial operation, the owner will make a $10,000 lump sum payment to the County. Further, at the time the project achieves commercial operation, the owner shall make a payment of $500 per Megawatt AC per year, with and annual escalator of 1.5%, to the County. These conditions shall be memorialized in a solar siting agreement with Frederick County, in a form acceptable to the Board of Supervisors, pursuant to the Code of Virginia Section 15.2-2316.6 et seq. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. Frederick County Planning Commission Page 3899 Minutes of March 2, 2022 6. Access to the site shall be limited to three (3) entrances from Woods Mill Road (Route 660), so to provide for one (1) entrance to each solar array land bay. One (1) entrance from Pine Road (Route 661) to be used only during the period of construction shall also permitted. Approval of the final site entrance location s from Woods Mill Road is subject to review and approval by the Virginia Department of Transportation at time of site plan. 7. Pile-driving of poles for solar arrays shall be limited to 8:00 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 or federal holidays. 8. Any expansion or modification of this land use will require the approval of a new CUP. The primary discussion among the Planning Commission and the representative of the Applicant, Chris Mohn of Greenway Engineering, was setbacks from adjoining properties, the potential future impact of Route 37 Bypass, interconnection to the overhead transmission lines an d Comprehensive Plan conformance. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ms. Susan Adamkiewicz residing on Pine Rd. spoke in support of the application; she also expressed a desire for the developer to work with her to ensure sufficient screening from her property. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Upon a motion made by Commissioner Oates and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #02-22 for Redbud Run Solar, LLC submitted to construct an approximately 263-acre +/- utility scale solar power generating facility. The subject properties are generally located east of Woods Mill Road (Rt. 660) and north of Pine Road (Rt. 661), approximately 0.5 -mile north of Berryville Pike (Rt. 7) and are identified with Property Identification Numbers (PINs) 55-A-136, 55-A- 137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A-297, 44-A-294A, and 44-A-295 in the Stonewall Magisterial District. Pursuant to Code of Virginia Section 15.2-2316.6 et seq., a solar facility siting agreement, between Red Bud Run Solar, LLC and the Frederick County Board of Supervisors is also being considered. (Note: Commissioner Manuel was absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, reported the James Wood High School and Indian Hollow renovation site plans have been submitted. Frederick County Planning Commission Page 3900 Minutes of March 2, 2022 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 7:30 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary