HomeMy WebLinkAbout01-21 BOS Staff ReportCONDITIONAL USE PERMIT #01-21
Hollow Road Solar, LLC
Staff Report for the Board of Supervisors
Prepared: February 24, 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: 02/17/21 Recommended Approval
Board of Supervisors: 03/10/21 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately 83 -
acre +/- (disturbed area) and up to 20-megawatt (MW) utility-scale solar power generating facility
located on three (3) properties totaling approximately 326-acres +/-. The properties that comprise
this application are generally located south of Parishville Road (Route 610) and generally south of
the terminus (cul-du-sac) of Anchorage Lane (Route 1416) in Gore.
The Planning Commission held a public hearing for this application at their meeting on February 17,
2021. The Commission recommended approval of the proposed CUP for a utility -scale solar power
generating facility with a request to increase the project setback to 100-FT from residential lots along
Anchorage Lane; this increase is depicted in the Concept Plan (and stated in Note # 2) on Sheet 3,
revised February 24, 2021, referenced in condition #2 below.
Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be
appropriate, the Planning Commission recommended 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 February 24, 2021.
3. Buffers and screening shall be provided around the perimeter of the project in general
conformance with quantity of the proposed plantings depicted on Sheet 4 of the Concept
Plan, “Landscaping/Vegetative Screening Details” included with the CUP application,
prepared by Timmons Group, dated February 24, 2021. The landscape buffer plantings shall
be maintained in good health for the life of the project.
4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick
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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 be in general conformance with the Decommissioning Plan,
included with the CUP application, prepared by Blue Ridge Energy Holdings, and dated
January 21, 2021 and revised February 24, 2021.
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 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
February 24, 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. The entrance on Parishville Road shall only be
utilized with a VDOT approved traffic flagging plan. Use of the “50’ R/W Ingress & Egress”
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 approva l. 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, a decision regarding this Conditional Use Permit application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Any recommendation for approval should also include a statement affirming that the proposed
solar facility is in substantial accord with the Comprehensive Plan.
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This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to ass ist them in making a decision on this
request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 02/17/21 Recommended Approval
Board of Supervisors: 03/10/21 Pending
PROPOSAL: 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 +/-.
LOCATION: The properties are generally located south of Parishville Road (Route 610) and
generally south of the terminus (cul-du-sac) of Anchorage Lane (Route 1416) 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 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: RA (Rural Areas) Distict
PRESENT USE: Agricultural (Orchards), 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
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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.
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.
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.
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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.
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 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:
Background
Utility-scale solar power generating facilities are a permitted use in the RA (Rural Areas) Zoning
District with an approved Conditional Use Permit (CUP). The Board of Supervisors added “utility-
scale solar power generating facilities” as a conditional use to the Zoning Ordinance on January 8,
2020, including supplementary use regulations for utility-scale solar power generating facilities
(§165-204.26, 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.
Proposal
This Conditional Use Permit (CUP) application seeks to enable the construction of a utility-scale
solar power generating facility located on three (3) properties totaling approximately 326-acres +/-.
The properties are zoned RA (Rural Areas) District and are currently utilized for agricultural
purposes. The application proposes to utilize these three (3) properties 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
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modules, commonly known as solar panels, other necessary equipment for facility operations, a
transmission substation, access paths, fencing and landscaping. The property identified with PIN 27-
A-8 will only be utilized for a subsurface interconnection easement and ingress/egress; no solar
arrays (panels) or supporting equipment will be sited on PIN 27-A-8.
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 and overhead First Energy transmission lines. 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. Utility-scale solar power generating facilities may have minimal
impact on surrounding properties as they do not generate noise, odors, glare or heat. These facilities
also generate minimal amounts of traffic and do not have an impact on water quality/supply.
The Hollow Road Solar 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 be utilized
as backup for solar tracker motors, substation, and associated equipment.
In addition to requirements contained in the Zoning Ordinance (below), the Applicant will also
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.
Comprehensive Plan Conformance
The 2035 Comprehensive Plan envisions this area of the County to remain primarily rural in nature
and for agricultural land to be preserved for future generations. The project is generally compatible
with the Comprehensive Plan, with the rural character of the area, and with the adjoining agricultural
and residential uses. The preservation of the underlying land maintains the ability for agricultural
uses to resume operation in the future. The proposed use is highly passive with limited noise, odor,
glare, lighting, and traffic during operations.
Zoning Ordinance Requirements
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). Following the Planning Commission’s meeting on February 17, 2021,
the Applicant agreed to setbacks for the solar arrays (panels) for this project of a minimum of 100-FT
from residential lots along Anchorage Lane (Route 1416, Whitman Orchards subdivision), as
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recommended by the Planning Commission. These increased setbacks are depicted (and stated in
Note # 2) on Sheet 3 of the Concept Plan (revised February 24, 2021). A site plan in conformance
with the Concept Plan is part of the Conditions of Approval (#3).
A Decommissioning Plan included with the application materials (revised February 24, 2021),
satisfies the 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, the written agreement for the decommissioning plan, as
proposed in the Conditions of Approval (#4), would be updated every five (5) years, and include a
monetary guarantee/bond to ensure the removal and proper disposal of all solar equipment.
Viewshed Analysis, Buffering & Screening
In an effort to protect the viewshed and mitigate the visual impact on neighboring properties, the
Applicant has provided a 100-FT setback from residential lots along Anchorage Lane (as
recommended by the Planning Commission), landscape buffers and screening around the perimeter
of the property and will be maintaining existing mature woodlands on-site to help shield the view of
the facility from adjacent roadways, residences, and other agriculture uses. The solar panels are
approximately 4-FT tall when completely horizontal/tracking and up to approximately 6.5-FT tall at
their maximum height. The proposed landscape buffer would include a mix of 4-foot (FT) tall
evergreen trees, 1.25-inch caliper deciduous trees, and 18-inch-tall shrubs that will be planted along
the perimeter of the project compound. At maturity, these trees would be approximately 10-12-FT in
height creating an effective screen. In addition to the proposed landscaping outlined above, the
topography of the site slopes significantly from the high point of the lot (near the property boundary
with Whitman Orchards subdivision/Anchorage Lane) and slopes away from existing residences
towards Hollow Road. The topography of the site and orientation of the panels, in addition to the
natural mature vegetation and proposed landscape buffer and screen, will help reduce the visual
impacts from the proposed solar arrays and reduce glare on adjoining residences. It should be noted
that as designed, solar panels capture sunlight and not to omit glare.
Site Access & Transportation
Access to the site shall be limited to two (2) entrances as shown on Sheet 3 of the Concept Plan. One
(1) entrance from Parishville Road (Route 610) and one (1) entrance from Anchorage Lane. The
Applicant has agreed to further limit delivery of solar array panel construction materials and
equipment to enter/depart the property only from Parishville Road (Route 61) (identified as “Primary
Access Road” on Sheet 3 the Concept Plan). Per the VDOT comments on this application
(attached), the entrance onto Parishville Road shall only be utilized with a VDOT approved traffic
flagging plan. Use of the “50’ R/W Ingress & Egress” from Anchorage Lane (as noted on Sheet 3,
Concept Plan) will be used only for passenger vehicle access and post-construction maintenance to
mitigate impact to residential properties sharing Anchorage Lane. Staff 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.
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PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/17/21 MEETING:
The Planning Commission held a public hearing on this proposed Conditional Use Permit (CUP) on
February 17, 2021. Staff provided an overview of the project and proposed conditions. The
Applicant, Patrick Groomes (Blue Ridge Energy Holdings (BREH)) provided a brief overview of the
company and the demand for such a project. The Planning Commission discussion focused primarily
on setbacks/buffering from adjoining residences on Anchorage Lane (Whitman Orchards
subdivision), access to the property during and after construction, visibility and height of the solar
arrays (panels), and information on the company seeking the CUP application (BREH), including
other projects undertaken by the company and ownership of this proposed facility/parcels.
Staff clarified that the prescribed setbacks, as allowed by the Zoning Ordinance, are determined by
the Zoning Administrator, and what is depicted in the application currently conforms with the
setback for “primary structures” in the RA (Rural Areas) Zoning District. Staff further noted that the
Planning Commission could specify a greater setback if so desired; the Planning Commission stated
that a 100-FT setback from residential lots on Anchorage Lane would be more appropriate than a 50-
FT setback. Regarding the buffers/screening, Staff noted that the project would include a landscape
screen with a mix of 4-FT tall evergreen trees, 1.25-inch caliper deciduous trees, and 18-inch-tall
shrubs planted along the perimeter of the project compound and at maturity these trees may be 10-
12-FT in height. Other areas of the site would be screened by the existing mature woodlands on-site.
For the height of the panels, staff noted that the panels when at their maximum height while tracking
would be less than seven (7) feet in height and four (4) feet tall when not tracking.
Regarding site access, Staff stated that two (2) entrances are proposed: one (1) from Parishville Road
and one directly to Anchorage Lane from PIN #27-A-11 which is a pipestem lot. Condition of
Approval #6 restricts delivery of solar array panel construction materials and equipment to only the
entrance from Parishville Road (Route 610) and that use of the driveway from Anchorage Lane shall
only be used for passenger vehicle access during construction and post-construction maintenance.
However, the Applicant would still have the ability to use the access easement to Parishville Road
during facility operations, but only for the purposes outlined in Condition #6.
The Applicant, Mr. Groomes, stated that BREH currently has under development two (2) other
projects in Virginia and two (2) projects in West Virginia but does not have any projects currently in
operation. As part of this project (Hollow Road Solar, LLC), the Applicant would purchase (and
own) the property, noting that the life of the project is at least 30-40 years. Regarding project
financing, the Applicant stated that they would not initiate construction until all financing is secured,
ensuring that the project would not be partially built-out/incomplete. The Applicant also stated that
unlike the other solar projects Frederick County has approved, this project will generate less than 20
MW of solar energy and pursuant to federal law Old Dominion Elec tric Cooperative (ODEC) is
obligated to purchase the energy and capacity from the facility. The Applicant also agreed to increase
the setback from residential lots on Anchorage Lane from 50-FT to a minimum of 100-FT.
During the public hearing, one (1) member of the public spoke in opposition to the proposed CUP,
raising concern about glare from the panels and impact of the proposed facility would have on his
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view.
Following the public hearing and further discussion from the Planning Commission, Commissioner
Oates noted that the topography of the site and orientation of the panels would ensure the project
would have very little impact on the residences along Parishville Road.
Ultimately, Planning Commission voted 8-3-2 (Commissioners Cline, Jewel & Marston – No;
Commissioners Dawson & Molden – Absent) to recommend approval of the proposed CUP for a
utility-scale solar power generating facility with a request to increase the project setback to 100-FT
from residential lots along Anchorage Lane.
Following this public hearing a decision regarding this Conditional Use Permit application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Any recommendation for approval should also include a statement affirming that the proposed
solar facility is in substantial accord with the Comprehensive Plan.
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