HomeMy WebLinkAbout02-22 PC Staff ReportCONDITIONAL USE PERMIT #02-22
Redbud Run Solar, LLC
Staff Report for the Planning Commission
Prepared: February 16, 2022
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: 03/02/22 Pending
Board of Supervisors: 04/13/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately 263-
acre +/- utility scale solar power generating facility on RA (Rural Areas) Zoned property in the
Stonewall Magisterial District.
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 addit ional 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
Greenway Engineering, dated January 18, 2022.
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 Oriden, and shall update the
Decommissioning Plan every five (5) years.
4. At the time the project commences construction, 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 an annual escalator of 1.5%, to
the County. These conditions shall be memorialized in a solar siting agreement with Frederick
County, attached as Exhibit A of these Conditions, 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 three (3) entrances from Woods Mill Road (Route 660),
so to provide one (1) entrance to each solar array land bay. One (1) entrance from Pine Road
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CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
(Route 661) to be used only during the period of construction shall also per permitted.
Approval of the final site entrance locations 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.
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 substantial accord with the Comprehensive Plan.
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CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
LOCATION: The properties are generally located east of Woods Mill Road (Route 660) and north
of Pine Road (Route 661), approximately 0.5-mile north of Berryville Pike (Route 7).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 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
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Agricultural, Forestal, Residential* & Vacant
*Existing residential uses on proposed interconnection parcels only.
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Forestal/Residential
South: RA (Rural Areas) Use: Agricultural/Forestal/Residential
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 approximately 263-acre +/- utility scale solar power generating facility.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
We have completed our review of the Redbud Solar Glare Study. Based on the information provided
by Pennoni, it is understood there will be no negative glare impacts to the users of the roadways. We
are satisfied with the findings of this report and have no objections to the study. The only
outstanding item to address is the previous comment which follows:
The CUP and supplement identifies multiple entrance locations to serve the facility. Some for
construction and some to be permanent. The supplement provided details on the sight distance for
the proposed locations. You have identified an existing private entrance as “Alternative 1.” The
sight distance profile and your supplement clearly show this entrance not meeting minimum sight
distance requirements for safe access. In accordance with VDOT Access Management Regul ations
(24VAC30-73) VDOT will not permit a commercial entrance without meeting minim um sight
distance requirements. This entrance needs to be removed from the proposal. There are other
locations proposed that meet minimum sight distance requirements and provide safe ingress/ egress
for those coming to the facility as well as the motorist traveling on the roadway.
See comment letter dated February 16, 2022.
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February 16, 2022
Frederick County Fire Marshal:
Plans approved by Fire Marshal, Frederick County.
See comment letter dated November 10, 2021.
Frederick County Inspections:
Conditional Use Permit for installation of solar arrays shall be designed per the 2018 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 Virginia Building Code.
Please note the requirements in Chapter 17 of Virginia Building Code for special inspection
requirements on the type of structure (soil, concrete etc.).
See comment letter dated October 9, 2021.
Frederick County Public Works:
We offer following comments: We will need to review comprehensive site plan including
stormwater and erosion and sediment control. A Frederick County Land disturbance will need to be
obtained prior to any site development. The stormwater and erosion and sediment control plans must
comply with County Code Chapter 143 and Virginia Law & Regulations.
See comment letter dated December 15, 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.
Historic Resources Advisory Board (HRAB):
The Frederick County Historic Resources Advisory Board (HRAB) considered this Conditional Use
Permit application during their meeting on November 16, 2021. This application seeks to construct a
utility scale solar project located on three parcels of land that total 264 acres. The site is located on the
eastern side of Woods Mill Road (Rt 660), north Pine Road (Rt. 661), approximately 0.5-mile north of
Berryville Pike (Rt. 7) in Winchester.
Following their review of this application, the HRAB recommended approval of the Conditional Use
Permit. The HRAB in their review recommended that the Applicant consider the utilization of methods
such as ground penetrating radar (GPR) or terrestrial light detection and ranging (LiDAR) to document
the present of archeologic objects or sites.
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See comment letter dated December 3, 2021.
Planning and Zoning:
Proposal, Site Configuration & Interconnection
The application proposes use of nine (9) properties totaling approximately 447-acres +/- of RA
(Rural Areas) Zoning District property, primarily used for agriculture, to generate photovoltaic
(solar) electricity. Approximately 263-acres the subject parcels (three (3) lots – all vacant/agricultural
in use) 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, access
paths, fencing and landscaping. The solar panels will generate up to 30-megawatts (MW) and 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 nearby Redbud-Gaylord overhead
transmission lines. The Impact Analysis Statement notes that interconnection applications were
submitted to PJM Interconnection (“PJM”) and Rappahannock in July 2020 and studies are in
progress. An Interconnection Agreement is expected to be executed for the Project in 2022.
The proximity of the project to the existing transmission line was a significant factor in the selection
of these properties for the development of the facility. The parcels outside for the 263-acres sited
with solar arrays will be used only be used for underground interconnection (as shown on Sheet 3 of
the Concept Plan).
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 o f the
property, in addition to maintaining existing mature woodlands (where feasible), to shield view of the
facility from adjacent roadways, residences, and other agriculture uses. The proposed landscaping is
a 10-foot (FT) wide planting strip (double row of 6-foot-tall evergreen trees) or at least 50-FT of
mature woodlands.
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:
Vehicular access to the site is proposed from Woods Mill Road (Route 660) to each of the project’s
three (3) solar array land bays. A temporary construction entrance is proposed from Pine Road
(Route 661). The proposed entrances are noted on Sheet 3 of the Concept Plan. The final entrance
configuration will be determined at time of site plan review and be subject to VDOT review and
approval.
Additionally, as part of the Virginia Department of Transportation (VDOT) review, a Glare
Assessment Report, was provided to analyze potential impacts of glare from the facility (solar arrays)
to adjoining roadways (Woods Mill Road & Pine Road). The report notes the proposed project
contains favorable topography with existing vegetation that provides natural concealment while
minimizing the nature and extent of viewshed impacts [and] where existing vegetation does not exist
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or is otherwise insufficient, supplemental landscaping will be planted. Finally, the report concludes
that coupled with the site’s favorable topography, the combination of tree preservation and new
landscape plantings will mitigate potential visual impacts at adjacent roads.
Staff notes Future Route 37 Bypass also bisects the site where solar arrays will be located. The future
alignment is shown on the Concept Plan, Sheet 3, for reference purposes only.
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). Further the plan specifically states as it relates to solar that utility scale solar facilities are
typically passive uses with limited impacts to the environment and the rural character. Additionally,
implementation of this use can facilitate the preservation of agricultural and rural land for future use
once these sites are decommissioned, although the extent to which the use removes agricultural and
rural land from current use should also be considered. Utility-scale solar facilities, when located in
appropriate areas, can provide opportunities for landowne rs to recoup value from their property
without subdividing. The Code of Virginia also enables localities implementing solar facilities to tax
this utility infrastructure through the machinery and tools tax or revenue -share agreements with
utility operators, generating additional tax revenue beyond the l and use assessment. This additional
revenue can help the County offset impacts from residential development (Chapter IV – Business
Development).
The project, as proposed, is in accordance with Comprehensive Plan policies. The project will not
adversely impact the rural character of the area or the adjoining agricultural and residential uses. The
preservation of the underlying land through the solar facility siting agreement (discussed below)
maintains the ability to use the property for agriculture in t he future if and when the facility is
decommissioned. Maintaining the existing topography of the site, utilizing existing vegetation and
planting new buffers to screen the facility 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 and ability of the land to be use for
agricultural purposes again (if so desired) in the future.
Zoning Ordinance Conformance:
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 “uti lity-
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 eng ineered site plan and enter into a written agreem ent
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. The Applicant has proposed setbacks for the solar arrays
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(panels) for this project as follows: 60-FT from road rights of way, 50-FT to 100-FT side/rear
setbacks (from adjoining properties), and minimum 200-FT setbacks from Agricultural and Forestal
Districts. The provided setbacks are noted and shown on Sheet 3 of the Concept Plan.
Decommissioning Plan:
A draft Decommissioning Plan included with the application materials (Attachment 7 – Impact
Analysis Statement), 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 keep ing 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 shal l 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 improvemen t 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.
For the Redbud Run Solar Project, the siting agreement specifies that at the time construction
commences, the owner will make a $10,000 lump sum payment to Frederick County. In addition to
this lump sum payment, the applicant will also pay the County $500 per megawatt AC per year, with
an annual escalator of 1.5%. These conditions are 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.
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 proceeding with PBR approval process for this project.
STAFF CONCLUSIONS FOR THE 03/02/22 PLANNING COMMISSION MEETING:
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CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately 263-
acre +/- utility scale solar power generating facility on RA (Rural Areas) Zoned property in the
Stonewall Magisterial District.
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 th e 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
Greenway Engineering, dated January 18, 2022.
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 Oriden, and shall update the
Decommissioning Plan every five (5) years.
4. At the time the project commences construction, 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 an annual escalator of 1.5%, to
the County. These conditions shall be memorialized in a solar siting agreement with Frederick
County, attached as Exhibit A of these Conditions, 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 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 per permitted.
Approval of the final site entrance locations 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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
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CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
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 substantial accord with the Comprehensive Plan.
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