howard county department of plannng and …

HOWARD COUNTY DEPARTMENT OF PLANNNG AND Z:ONmG3430 Court House Drive • Ellicott City, Maryland 21(B3 • 410-31&2350

Voice/Relay

FAX 410-313-3467Amy Gowan, Director

November 24, 2020

TECHNICAL STAFF REPORT

Board of Appeals Hearing of December 8, 2020

BA-19-009C – OneEnergy Development, LLC

Conditional Use – Solar Facility, Commercial (Section 131.0.N.52)

12800 Old Frederick RoadTax Map 9, Grid 23, Parcel 19, Lot Tract 1; (the "Property")

50 acres (Conditional Use Area: 12.36 acres)

RC-DEO (Rural Conservation-Density Exchange Option)

Case No./Petitioner:

Request:

Location:

Property Size:

Zoning

M©: Vninity and Zoning TCase NrmtBr BA-19-ti09Cv

1.400 &

1:7,000

Case No.:BA-!9-009C

Petitioner: OneEnergy Development, LLC Page 1 2

1. CONDITIONAL USE PROPOSAL

The Petitioner is seeking a conditional use for a Commercial Solar Facility. The entire conditional usearea totals 12.36 acres and includes 12.24 acres for the facility’s operational area and 0.12 acre for a newaccess road. The facility will utilize single axis tracking design which allows the solar panels to follow thepath of the sun, thereby reducing the impact of glare and maximizing electricity generation. A 'Type D’landscaping buffer and an 8-foot fence are proposed along the perimeter of the operational areas.

11 BACKGROUND INFORMATION

A. Site Description

The site consists of a 50-acre farm including a 1,000-foot long pipestem providing access from OldFrederick Road. The subject property was placed within Agricultural Land Preservation Program(HO-89-06-ECS)) in 1989.

A stream, pond, and wetland/stream buffers bisect the site running east to west. None of theseareas are encroached on by the Conditional Use. The lowest elevation is approximately 548 feet atthe western property line, rising to an elevation of 616 feet at the eastern property line.

B. Vicinal Properties

Direction

North

South

East

West

Zoning Land Use

Farm

Farm

Farm

Farm

RR-DEO

RC-DEO

RC-DEO

RC-DEO

C. Roads

Old Frederick Road has two lanes within a variable-width right-of-way. The speed limit is 30 milesper hour. As of 2017, Old Frederick Road had a daily traffic count of 3,593 ADT according to theMaryland Department of Transportation.

D Water and Sewer Service

The Property is not located within the Metropolitan District or the Planned Service Area for waterand sewer.

E. General Plan

The Property is designated Rural Resource on the Designated Place Types Map of PlanHoward2030

Old Frederick Road is a Major Collector.

Case No.:BA-19-009C


F. Agency Comments

Agency comments are attached.

111. ZONING HISTORY

There is no record of a Board of Appeals, Zoning Board, or Department of Planning and Zoning case forthe Property.

IV EVALUATION AND CONCLUSIONS

A Evaluation of the petition according to Section 131.0.B of the Zoning Regulations (GeneralCriteria for Conditional Uses):

1. The proposed Conditional Use plan will be in harmony with the land uses and policies inthe Howard County General Plan which can be related to the proposed use.

The proposed use is in harmony with Policy 4.12 which encourages energy sustainabilityand renewable energy sources:

Policy 4.12 - Develop an energy plan that prepares for different future energy scenarios,examines options for various kinds of future energy sustainability, promotes conservationand renewable resources, and sets targets to reduce greenhouse gases.

2. The nature and intensity of the use, the size of the site in relation to the use, and thelocation of the site with respect to streets giving access to the site are such that theoverall intensity and scale of the use(s) are appropriate for the site.

The proposed 12.36-acre solar facility comprises approximately 24.7% of the 50-acreproperty and exceeds the ten-acre minimum lot size requirement. Additionally, thefacility complies with all required bulk regulations and dimensional Conditional Usecriteria

Old Frederick Road is a Major Collector and appropriate for the type and infrequentnumber of vehicles typically associated with the proposed use.

The nature and intensity of the use, the size of the Property in relation to the use, and thelocation of the site with respect to streets giving access to the site are such that the overallintensity and scale of the use is appropriate.

3 The impact of adverse efects such as, but not limited to, noise, dust, fumes, odors,intensity of lighting, vibrations, hazards or other physical conditions will not be greaterat the proposed site than it would generally be elsewhere in the same zoning district orother similar zoning district .

The Petitioner submitted a glare study, which is evaluated in criterion B.i below, andconcluded that any glare related impacts to residential and motorist receptors aremitigated through single axis tracking design. There is no evidence of atypical adverse

Case No.:BA-19-009C


effects such as noise, dust, fumes, odors, vibrations, increased lighting, hazards or otherphysical conditions that would be greater at the subject site than generally elsewhere.

4. The location, nature and height of structures, walls or fences, and the nature and extentof the existing and/or proposed landscaping on the site are such that the use will nothinder or discourage the development and/or use of adjacent land and structures more atthe subject site than it would generally elsewhere in the same zoning district or othersimilar zoning districts.

The proposed solar facility is surrounded by farms, which include scattered residentialstructures. However, all solar panels, equipment, and fences comply with the 20-footheight limit and 50-foot setback requirement in Sec 131.0.N.52. A 'Type D’ landscapebuffer is proposed along the perimeter of the operational area to screen the solar facilityfrom the public rights-of-way and adjacent properties. The Conditional Use Planindicates the Petitioner is requesting relief from the Type D buffer at the north portion ofthe CU area, where existing vegetation provides some screening. However, DPZrecommends that the Type D buffer be provided around the entire perimeter of theConditional Use area, as depicted in the Plan.

As proposed, the use will not hinder or discourage the development and/or use ofadjacent land and structures more at the subject site than it would generally elsewhere inthe same zoning district or other similar zoning districts.

5. The number of parking spaces will be appropriate to serve the particular use. Parkingareas, loading areas, driveways and refuse areas will be appropriately located andbuffered or screened fom public roads and residential uses to minimize adverse impactson adjacent properties .

There is no specific parking requirement for a Commercial Solar Facility. The proposedprivate access road, including the portion within the gated CU area, is intended to serveas parking for any service visits. The 'Type D’ landscape buffer will screen any parkingfrom the public right-of-way and adjacent properties. No refuse area is proposed.

6 The ingress and egress drives will provide safe access with adequate sight distance,based on actual conditions, and with adequate acceleration and deceleration lanes whereappropriate. For proposed Conditional Use sites which have driveway access that isshared with other residential properties, the proposed Conditional Use will not adverselyimpact the convenience or safety of shared use of the driveway.

Precise sight distance measurements can only be determined by a detailed sight distanceanalysis, which is conducted during Site Development Plan review. The estimated sitedistance to the east and west is over 500 feet. According to the American Association ofState Highway and Transportation Official (AASHTO) guidelines, based on an estimatedstopping sight distance of 200 feet for a car going 30 miles per hour, the proposed accesspoint on Old Frederick Road appears to provide safe access with adequate stopping sightdistance

Access along the pipestem is shared with a residential property approximately 500 feet tothe east (Parcel 339). Given the infrequent number of vehicle trips associated with this

Case No.:BA-19-009C


use, the shared access is unlikely to impact the convenience or safety of other residentialpropertIes.

7. The proposed use will not have a greater potential for adversely impactingenvironmentally sensitive areas in the vicinity than elsewhere

Environmentally sensitive pond/stream/wetlands areas are located on the Property to thenorth of the CU area. The CU does not encroach into these sensitive areas. The site is

also in Agricultural Preservation. The solar panels are unlikely to have any impact on thepond/stream/wetland areas, and the Agricultural Land Preservation board has issued amemo (dated October 1, 2018) recommending approval based on consistency with ALPBCSF policy. The proposed use will not have a greater impact than elsewhere in thezoning district.

8. The proposed use will not have a greater potential for diminishing the character andsignifIcance of historic sites in the vicinity than elsewhere.

The nearest historic site is the Richard Burgess Farmhouse (HO-868), located 0.4 milesfrom the subject property. Distance and visibility will eliminate any impact of theproposed use on the historic property, and the proposed use will not have a greaterpotential for diminishing the character and significance of historic sites in the vicinitythan elsewhere.

B Evaluation of the petition according to Section 131.0.N.52 (Specific Criteria for Solar Facilities,Commercial):

a. The maximum size of a solar facility shall be 75 acres notwithstanding the size of theparcel. The parcel on which the commercial solar facility is proposed must be a minimumof 10 acres in size.

The proposed solar facility is 12.36 acres and is located on a 50-acre parcel.

b AU structures and uses must meet a minimum 50-foot setbackfrom all property lines.

All structures and uses are located at least 50 feet from all external property lines.

C. No structure or use may be more than 20 feet in height.

The solar panels are approximately 10 feet tall and no other structure or use exceeds 20feet in height.

d A 'Type D' landscaping bItTer must be provided around the perimeter of the proposedcommercial solar facility unless the Hearing Authority determines that an alternativebuffer is sufficient.

A 'Type D’ buffer consisting of a double row of offset evergreen trees planted at 10-footintervals and deciduous trees planted at 60 feet on center along the perimeter of theconditional use area are proposed.

Case No.:BA-19-009C


e. All security fencing must be located between the landscaping bu#-er and the commercialsolar facility.

An 8-foot chain link security fence is provided between the landscape buffer and thecommercial solar facility. Since the fence exceeds 6-feet, it is required to meet setbackrequires and complies with the 50-foot setback area.

f. The systems shall comply with all applicable local, state, and federal laws andprovISIons.

The Petitioner agrees to comply with this criterion.

g. A commercial solar facility that is no longer used shall be removed from the site withinone year of the date that the use ceases.


h. The premises shall be maintained at all times in a clean and orderly condition, includingthe care or replacement of plant materials required in the landscaping plan. Theresponsibility for compliance with this provision shall be with all parties having a leaseor ownership interest in the commercial solar facility. The applicant shall provide theHearing Authority with details regarding maintenance and access for the site.


1. A solar collector or combination of solar collectors shall be designed and located toavoid glare or reflection onto adjacent properties and adjacent roadways and shall notinterfere with traffIC or create a safety hazard. The petitioner shall include a glare studywith the Conditional Use petition.

The facility will utilize single axis design, which allows the panels to move with the sunand be synchronized to reduce glare on surrounding properties. The Petitioner submitteda glare study conducted by Forge Solar, which analyzed potential glare from elevennearby locations. The study did not show evidence of glare onto any of the receptor sites.

J. The applicant shall agree to register all solar collectors with the Department of Fire andRescue Services. The registration shall include a map of the solar facility noting thelocation of the solar collectors and the panel disconnect.


k Tree removal shall be minimized and reforestation shall be done in accordance withSection 16.1026 of the Howard County Code.

Petitioner agrees to comply with Sec. 16.1026 of Howard County Code, which will bereviewed at Site Development Plan

Case No.:BA-19-009C


1 Scenic Views

(1) The applicant shall demonstrate that the solar facility does not harm the sceniccharacteristics of the view of or from.

A. A public park;B. A national or state designated scenic byway,C. A road listed in the Scenic Roads Inventory adopted under Section 16.1403 of the

Howard County Code ; orD. A historic structure as defIned in Section 16.601 of the Howard County Code.

(2) Visual Impact Analysis Required to Demonstrate Minimal Impact to or from ScenicFiews

A. The Conditional Use petition shall include a visual impact analysis mapping allviews tIed impacts and any proposed mitigation. This analysis shall include mappedvisual impact assessments of all important or critical viewpoints or elevations fromwhich the solar facility can be seen from a fixed vantage point. For purposes of thissubsection, A viewshed is a topographically defIned area including all criticalobservation points from which the solar facility is viewed.

B. If the visual impact assessment as mapped particularly interferes with andcompromises critical observation points within the viewshed that warrant views tIedprotection, the petitioner shan mitigate the view through additional landscaping orother forms of mitigation, including reconfIguration of the solar panels, or as may berequired by the Hearing Authority.

C. Fencing along road frontage or the perimeters of the commercial solar facility sitewhere the fencing would be visible shall be constructed of a material and designconsistent with the character of the roadway or area.

D. The petition shall include a landscape plan.

The solar facility is located on a Scenic Roadway (Old Frederick Road). However, it isset back from the road approximately 1,000 feet via a pipestem. The Petitioner hassubmitted the required visual impact assessment demonstrating how the slope of theterrain from Old Frederick Road will completely screen the view of the solar facility andall fencing from the street. The Petitioner has also provided landscaping details on theConditional Use plan, showing 'Type D’ landscaping around the CU area.

m. The Howard County Agricultural Land Preservation Board shall review any ConditionalUse petition which proposes to build a new commercial solar facility on parcels whichare in the Agricultural Land Preservation Program prior to approval by the HearingAuthority in the following manner .

(1) Prior to scheduling and convening a presubmission community meetingpursuant to Howard County Zoning Regulations Section 131.0.f.1, thepetitioner shall submit a proposed Conditional Use Plan for a commercial

Case No.:BA-19-009C


(2) solar facility on a parcel or parcels in the Agricultural Land PreservationProgram to the Howard County Agricultural Land Preservation Board foradvisory review as to whether the siting of the commercial solar facility onthe parcel or parcels supports the primary agricultural purpose of theeasement property or is an ancillary business which supports the economicviability of the farm.

(3) The materials submitted for review shall include, at a minimum, a copy of theAgricultural Land Preservation Program easement, a copy of the HowardCounty Soil Conservation and Water Quality Plan, and a copy of theproposed Conditional Use Plan.

(4) The Board's advisory review shall be in writing.

(5) The petitioner shall make the Board's advisory review available at thepresubmission community meeting.

(6) The Department of Planning and Zoning's Technical Staff Report on thepetition shall include an evaluation of and a recommendation on the Board’sadvisory review of the petition and shall include as attachments the Board’sadvisory review and a copy of the Agricultural Preservation Easement.

The Property was placed in the Howard County Agricultural Land Preservation Program(ALPP) in 1989. The Conditional Use Plan was reviewed by the AgriculturalPreservation Board (APB) on October 1, 2018. The ALPP Administrator’s staff report tothe Board is attached to this report.

The APB evaluated the proposal for compliance with the following criteria in Sec. 106.1of the Zoning Regulations:

1. The siting of the Commercial Solar Facility on the parcel or parcels is an ancillarybusiness which supports the economic viability of the farm, or

2. The siting of the CSF on the parcel or parcesl supports the primary agriculturalpurpose of the easement property.

The APB developed a Commercial Solar Facility Policy, which includes standards ofreview (enumerated below) to determine if a proposal meets one or both criteria. Thereview standards were based upon eligibility requirements to get into the AgriculturalPreservation Program to ensure that an easement seeking a CSF would still meet the basiceligibility criteria.

1. In determining if the CSF is ancillary to the primary farming operation, thecommercial solar operation area must be equal to or less than 34% of the Property’ssize. The commercial solar operation area is defined as the entire area of the CSF.Existing roads being used to access the new facility are not included within the 34%operational area.In determining if the siting of the CSF supports the primary agricultural purpose ofthe Property, the portion not included in the commercial solar operational area must

2

Case No.:BA-19-009C


have a soils capability of more than 50% USDA Classes I-III and more than 66%USDA I-rv.

The plan reviewed by the APB showed a total CSF lease area of 13.65 acres, or 27% ofthe property. The Howard Soil Conservation District estimated that 100% would beUSDA Classes I-III, exceeding the 50% minimum. Additionally, the current owner plansto convert the portion of the property not used for solar into a non-typical farming orconservation use to supplement his income.

The APB determined that the proposal met their review criteria and recommendedapproval. However, the APB did not provide advisory comments for DPZ to evaluate.

n. Subject to Section 106 of these regulations, the property on which an approvedcommercial solar facility is located is eligible to be a sending parcel provided that onedensity right is retained for the conditional use until the commercial solar facility isremoved.

This criterion does not apply, as the Property is not a density sending parcel.

V RECOMMENDATION

For the reasons stated above, the Department of Planning and Zoning recommends that the request for aConditional Use expansion for a Solar Facility, Commercial (Section 131.0.N.52) be GRANTED withthe following condition:

(1) All required landscaping shall be provided within 6 months of installation of the solarpanels.

/ 1'23-a6Date-owan, Director

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