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HomeMy WebLinkAbout02-22 BOS Staff ReportCONDITIONAL USE PERMIT #02-22 Redbud Run Solar, LLC Staff Report for the Board of Supervisors Prepared: April 4, 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 Recommended Approval 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. In response to feedback recieved during the Planning Commission discussion and public hearing on March 2, 2022, the Concept Plan has been amended to incorporate those comments (dated March 10, 2022). The following revisions have been made: • Increase the side/rear setbacks to a minimum of 100-feet; • Added supplemental screening to address concerns of neighboring property owner (included in Landscape Buffer “B” on Sheet 3); and • Revised section detail and notes for Landscape Buffer “B” to provide 100% evergreen plantings and allowed for varied spacing based on topography and existing conditions (Sheet 3). Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be appropriate, the Planning Commission has recommended 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 requi rements 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 Greenway Engineering, dated March 10, 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. Page 2 CUP #02-22 – Redbud Run Solar, LLC April 4, 2022 4. Within thirty (30) days after the Commercial Operation Date, the Applicant shall make a one-time payment to the County in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). 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 (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, 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 also affirms that the proposed solar facility is in accordance with the Comprehensive Plan. Page 3 CUP #02-22 – Redbud Run Solar, LLC April 4, 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 Regulations (24VAC30-73) VDOT will not permit a commercial entrance without meeting minimum 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 Page 4 CUP #02-22 – Redbud Run Solar, LLC April 4, 2022 roadway. See comment letter dated 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. Page 5 CUP #02-22 – Redbud Run Solar, LLC April 4, 2022 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. 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 (four (4) 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 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 of 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. No substation will be required by the project; the power generated will be delivered to the overhead transmission lines through an underground interconnection. All inverters are centrally located to the site, ensuring they do not impact adjoining properties/residences (potential for noise). Page 6 CUP #02-22 – Redbud Run Solar, LLC April 4, 2022 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 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. The Concept Plan also includes notation regarding how the project is being sited to mitigate future impacts should Route 37 be constructed across the site, including siting of inverter equipment and site access outside of the planned right-of-way and removal of any panels necessary to accommodate the roadway (refer to “Notes” on Sheet 3). 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 landowners 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 land use assessment. This additional revenue can help the County offset impacts from residential development (Chapter IV – Business Development). Page 7 CUP #02-22 – Redbud Run Solar, LLC April 4, 2022 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 the 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 “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. The Applicant has proposed setbacks for the solar arrays (panels) for this project as follows: a minimum 100-FT side/rear setbacks (from adjoining properties), and a 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 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 Page 8 CUP #02-22 – Redbud Run Solar, LLC April 4, 2022 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. For the Redbud Run Solar Project, the siting agreement specifies that within thirty (30) after the commercial operation date, the Applicant shall make a one-time payment to the County in the amount of $250,000.00. 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. On March 29, 2022, DEQ issued new guidance on post-development stormwater management for solar facilities. DEQ will treat solar panels as “unconnected impervious areas” when calculating post-development water quantity and water quality. This change in the guidance may have a significant impact on the development of solar facilities. Additional acreage may be required at time of final engineering to be developed with stormwater management facilities to handle impervious areas (solar panel) runoff. Additional stormwater facilities with these facilities may impact preservation of existing topography and features on sites approved for solar facilities and solar facility decommissioning and restoring sites to a pre-development condition. PLANNING COMMISSION SUMMARY AND ACTION FROM 03/02/22 MEETING: The Planning Commission held a public hearing on the proposed conditional use permit on March 3, 2022. The primary discussion among the Planning Commission was setbacks from adjoining properties, the potential future impact of Route 37 Bypass, interconnection to the overhead transmission lines and Comprehensive Plan conformance. One (1) member of the public spoke in support of the application; the speaker also expressed a desire for the developer to work with her to ensure sufficient screening from her property. The Planning Commission unanimously (Commissioner Manuel – absent) recommended approval of the CUP application. STAFF CONCLUSION FOR THE 04/13/22 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately Page 9 CUP #02-22 – Redbud Run Solar, LLC April 4, 2022 263-acre +/- utility scale solar power generating facility on RA (Rural Areas) Zoned property in the Stonewall Magisterial District. In response to feedback recieved during the Planning Commission discussion and public hearing on March 2, 2022, the Concept Plan has been amended to incorporate those comments (dated March 10, 2022). The following revisions have been made: • Increase the side/rear setbacks to a minimum of 100-feet; • Added supplemental screening to address concerns of neighboring property owner (included in Landscape Buffer “B” on Sheet 3); and • Revised section detail and notes for Landscape Buffer “B” to provide 100% evergreen plantings and allowed for varied spacing based on topography and existing conditions (Sheet 3). Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be appropriate, the Planning Commission has 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 Greenway Engineering, dated March 10, 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. Within thirty (30) days after the Commercial Operation Date, the Applicant shall make a one-time payment to the County in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). 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 Page 10 CUP #02-22 – Redbud Run Solar, LLC April 4, 2022 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, 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 also affirms that the proposed solar facility is in accordance with the Comprehensive Plan.