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HomeMy WebLinkAboutDecember 10 2008 Regular Meeting127 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 10, 2008, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice-Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. F,wing; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Daniel Hess, Harvesters of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED County Administrator John R. Riley, Jr., advised there were no changes to the proposed agenda.. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the agenda as presented. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA -APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Joint Finance Committee Report -Tab H; - HR Committee Report -Tab I; - Koad Resolutions -The Guards, Section I & II; Raven Pointe Subdivision, Section 6; and Route 1000 Arbor Court -Tab T. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the consent agenda. The above motion was approved by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 128 Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Lwing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN CCIMMENTS Sortis Pappas, Gainesboro District, appeared before the Board regarding the proposed -- PATH line. He stated that his property was affected by the proposed line and he was interested in knowing: - Why was original route changed? - If power too the east is critical, why was a power plant near Alexandria shut down? He went on to say the power from this proposed line would go to Maryland and Frederick County would get rio benefits, but would pay the cost through lower property values. He concluded by saying we should not have to bear this burden. Julia Moss, Gainesboro District, appeared before the Board regarding the proposed PATH linc. She read the following statement: "With the southern and of our county being ripped and scarred by TRAIL may I inquire as to why the northern part of the county must be as well? The entire state of West Virginia benefits tremendously from their coal and energy industry. Here are some facts from West Virginia's Office of Miner's Health, Safety, and Training: The West Virginia coal industry provides WV with 40, 000 direct jobs. "faxes paid by the coal industry and by utility companies that make electricity using WV coal account for two-thirds of business taxes paid in West Virginia. The coal industry pays approx. $70 million in property taxes to WV annually. 1'he Coal Severance 7'ax adds approx. $214 million to WV and even non- coal producing counties receive Coal Severance Tax funds. The coal industry payroll is nearly $2 billion per year. Coal is responsible for more than $3.5 billion annually in gross state product of West Virginia. Berkeley and Morgan counties bosh passed resolutions against PATH. Allegheny spokesman Todd Meyers and Allen Staggers have both stated that input from county commissions and citizens protesting were reasons the route has been relocated out oj' Berkeley and Morgan counties (and therej'ore across Frederick County, Virginia). Additionally, West Virginia has been quite adept in extracting perks' for themselves when it comes to dealing with Allegheny Power. For example, according to the Charleston Gazette, in order to approve the TRAIL project, West Virginia property owners who ware affected by that project will receive a credit on their first 12, 000 kilowatts of power they use each year (that is roughly equivalent to what the average homeowner uses annually). No such deal for Virginia property owners. Also, Allegheny promised to move a transmissions operations center to West Virginia, and to save customers (in WV) more than $40 million in industry rate reductions, low- income assistance, and conservation plans, and deferments oj'rate hikes to fund the transmission line construction. And for Virginia????? If the state of West Virginia wants the income and jobs,from the coal industry then they can live with the power linos that come with that state's industry. The other residents oj' West Virginia have no right to force the PATH lines info Virginia at all. What will be left of our county if it is Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 129 parceled up for the profit of others? " BOARD OF SUPERVISORS COMMENTS Supervisor llove stated he was glad to sec the Board consider a resolution regarding the proposed PATH line. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the minutes from the November 12, 2008 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Ayc Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the minutes from November 19, 2008 budget worksession. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF LEEANNA PYLES AND GAIL MILLER AS FREDERICK COUNTY REPRESENTATIVES TO THE REGION 2 PREPAREDNESS ADVISOKY COMMITTEE FOR INTEROPEKABILITY (REGION 2 RPAC 1) APPROVED Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board appointed LeeArma Pyles as Frederick County's primary member and Gail Miller as the alternate to the Region 2 Preparedness Advisory Committee for Interoperability (Region 2 RPAC-1). The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Ayc Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 130 APPOINTMENT OF GARY E. LONGERBEAM AS BACK CREEK DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Supervisor Lofton began by commending Robert S. Hartman for his service on the Parks and Recreation Commission and stated Mr. IIartman did not wish to be reappointed. Upon a motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board appointed Gary E. Longerbeam as the Back Creek representative to the Parks and Recreation Commission. This is a four year appointment, said term to commence January 17, 2009 and expire January 17, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofl:on Aye REAPPOINTMENT OF RHODA W. KRIZ AS MEMBER-AT-LARGE TO THE HISTORIC RESOURCES ADVISORY BOARD -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DelIaven, the Board reappointed Rhoda W. Kriz as Member-At-Large to the Historic Resources Advisory Board. This is a four year appointment, said term to commence January 12, 2009 and expire January 12, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Ayc Gary A. Lofton Aye REAPPOINTMENT OF JOHN R. RILF.Y, JR. AS A FREDERICK COUNTY REPRESENTATIVE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board reappointed John R.. Riley, Jr. as a Frederick County representative to the Northern Shenandoah Valley Regional Commission, said term to commence January 11, 2009 and expire January 11, 2012. The above motion was approved by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 12!10/08 131 Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye RECOGNITION OF FINANCE DEPARTMENT RECEIVING AWARD FOR DISTINGUISHED BUDGET PRESENTATION FROM THE GOVERNMENT - FINANCE OFFICERS ASSOCIATION (GFOA) Administrator Riley advised this was the 25~h consecutive year Frederick County has received this award and he commended Finance Director Cheryl Shiffler and her staff for this accomplishment. The Board also congratulated Director Shiffler and her staff on receiving this award. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the 'treasurer to refund L & H Trucking, Inc. the amount of $2,681.49 for overpayment of personal property taxes after apportionment and proration due to the sale of vehicles. He went on to say the County Attorney has reviewed the request and the refund is appropriate. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye RESOLUTION (#031-OS) RE• CONSTRUCTION OF PROPOSED "PATH" 765 KILOVOLT TRANSMISSION LINE -APPROVED Administrator Riley read a draft resolution regarding the construction of the proposed "PATH" 765-kilovolt transmission line prepared by staff for the Board's consideration. Supervisor llove stated the proposed line comes through his district. He went on to say if we continue to allow these lines to be run through the county then the power company will do it at will. He liked the proposed resolution, but felt the wording should be stronger. He then offered changes to the proposed resolution. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board Minute Book Number 34 Board of Supervisors Regular Meeting or 12/10/08 132 approved the resolution opposing construction of the proposed "PATH" 765-kilovolt. transmission line in Frederick County. WHEREAS, in September 2007 PJM directed construction of $1.8 billion in electric rran~mission upgrades in the PJM region; and WHEREAS, said upgrades include a 250 mile, from a substation in southwestern Wand; and inia tc Maryland located near Frederick, Mary 765-kilovolt transmission line extending a proposed substation in Kemptown, line is proposed to pass through northern Frederick WHEREAS, this Board and its constituents have concerns relative to the impact and benefit of this proposal on Frederick County; and WHEREAS, this Board and its constituents oppose locating the proposed "PATH" 765- kilovolt transmission sine through Frederick County to serve areas to the east. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors strongly encourages Allegheny Power and all of those entities involved in the location and construction of this 765-kilovolt transmission line to perform their due diligence in this project and make known the need and justification to Frederick County; and BE IT FURTHER RESOLVED that should the need for the improvement be justified, the Frederick County Board of Supervisors strongly encourages Allegheny Power to implement improvements to the local electrical distribution system so that planned land uses within the County would benefit from this significant high-voltage transmission line construction project. WHEREAS, said transmission County scarring our rural area; and ADOPTED this 10`" day of December, 2008. Chairman Shickle stated he was concerned with two lines coming through Frederick County and the perceived benefits were not apparent to him. He went on to say we get nothing but the impact of the lines. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove AYe Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye LW ~ULV il.Vlr fhV JG-VO AV ia.v ~.~---- ~ - -- FOR FREDERICK COUNTY SANITATION AUTHORITY -APPROVED W1T CONDITIONS Administrator Riley read the following resolution for the Board's consideration: WHEREAS, the National Guard has been an important part of the Winchester/Frederick County Community; and WHEREAS, the National Guard's existing facility along Millwood Avenue could no longer accommodate the personnel and equipment needed to outfit the local guard unit; and WHEREAS, the Department of Military Affairs desired to construct a new National Guard Armory in the area; and Minute Buok Number 34 Board of Supervisors Regular Meeting of 12/]0108 133 WHEREAS, the Frederick County Board of Supervisors, Department of Military Affairs, and various elected officials worked in partnership to ensure the National Guard Armory would locate within the boundaries of Frederick County; and WHEREAS, water and sanitary sewer connections are needed for the construction of the new National Guard Armory facility located on Coverstone Drive; and WHEREAS, the Frederick County Sanitation Authority (FCSA) can provide said connections to the National Guard facility at a cost of $140,639.00; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby reduces the principal of the outstanding loan between the County and the Frederick County Sanitation Authority by $140,639.00. BE IT FURTHER RESOLVED, the Frederick County Sanitation Authority shall waive the water and sanitary sewer connection fees associated with the construction of the new National Guard Armory and shall provide water and sanitary sewer service to the site. ADOPTED this 10th day of December, 2008. Chairman Shickle wondered why two meters were needed for this project. Administrator Riley responded that stafCcould look into that issue. Supervisor DeHaven asked what budgeted in the project for connection fees. Administrator Riley responded he was told $10,000. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the reduction in loan principal in the minimum amount necessary to complete the job and for the $10,000 budget for this project to be used towards the total cost. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORTS FINANCE COMMITTEE REPORT -APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, November 19, 2008 at 8:00 a.m. Member Richie Wilkins was absent. Items 3, 6, and 9 were approved under consent agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved items 3, 6, and 9 under the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 34 Board of Supervisors Regular Meeting of l2/10/O8 134 Gary W. Dove Aye Bill M. Ewin€; Aye Philip A. Lemieux Aye Gary A. Lofton Aye 1. The Coutlty Attorney will present his review of the County's real property tax exemption program. See attached information, p. 1-9. The committee recommends forwarding this item to the Code & Ordinance Committee. 2. The County Administrator requests a General Fund budget transfer in the amount of $29,400. This amount represents funds needed for the renewal of the county's e-Civis Grants Network service and is requested to be transferred from the operational contingency line item. See attached memo, 'p. 10-11. The committee recommends approval. -Approved. Upon a motion by Supervisor F,wing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 3. The Superintendent of Parks requests a General Fund supplemental appropriation in the amount of $3,027_04. This amount represents an insurance reimbursement and is requested to be appropriated to the Repair and Maintenance -Vehicle line item. No local funds required. See attached memo, p. 12-14. -Approved Under Consent Agenda. 4. The Assistant Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of $12,000. This amount is for the installation of two aerators in Sherando Park lake and is requested from the Proffer Fund. See attached memo, p. 15-17. The committee recommends postponement of this item until alternate funding sources have been investigated. The committee also recommends the proffer policy be reviewed to clarify the use of proffer funds for items not on the CIP. 5. The Conservation Easement Authority requests a General Fund supplemental appropriation in the amount of $265,000. This amount represents a carry forward of funds earmarked for the VDACS Office of Farmland Preservation's Purchase of llevelopment Rights program. See attached memo, p. 18-19. 'fhe committee recommends approval of the carry forward and for the funds to be restricted. Expenditures are required to come before the committee. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 6. The Northwestern Regional Adult Detention Center requests a NRADC supplemental appropriation in the amount of $770. This amount represents a reimbursement from 1CE and is requested to be appropriated to Professional Services. No local funds required. See attached memo, p. 20. -Approved Under Consent Agenda. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 135 7. The NRADC Superintendent requests a NRADC supplemental appropriation in the amount of $65.000. This amount represents funding for replacement of the Jail Automated Building Maintenance System and is requested to be appropriated from Unreserved Fund Balance. See attached memo, p. 21. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye --- Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 8. The Director of the Winchester Regional Airport requests an Airport Capital Fund supplemental appropriation in the amount of $1 837 500. This amount represents a carry forward for various capital projects that were not completed in FY 2008. See attached memo, p. 22. The committee recommends approval. -Approved. iJpon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye _ Philip A. Lemieux Aye Gary A. Lofton Aye 9. The Finance Committee requests a General Fund supplemental appropriation in the amount of $2.950. This amount represents adjustments to salaries to reflect the amounts being paid for Lord Fairfax Soil & Water Conservation District employees. No local funds required. - Approved Under Consent Agenda. ***Information Only*** 1. The Finance Director provides a fund balance report. There was a joint budget worksession with the Board of Supervisors immediately following the Finance Committee meeting. JOINT FINANCE COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Joint Finance Committee met on Wednesday, November 19, 2006 at 10:00 A.M., in the Board of Supervisors Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman Richard Shickle, Frederick County representative; Bill M. Ewing, Frederick County representative; Charley Gaynor, City of Winchester representative; and Jeffrey Beuttner, City of Winchester representative. Others present were: Supervisor Philip A. Lemieux; Brannon Godfrey, City Manager; John R. Riley, Jr., County Administrator; Mary Blowe, Finance Director, City of Winchester; Cheryl Shiffler, Finance Director, Frederick County; and Natalie Wills, Director of the Frederick-Winchester Convention and Visitors Bureau. Chairman Shickle called the meeting to order. ***For Information Only*** Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 136 Natalie Wills presented justification for increased funding based on the activity of the visitors' center, increases revenues generated by lodging tax, and the current funding formula outlined by the Memorandum of Understanding. Ms. Willis stated at a minimum the visitors' center needs an increase of $68,000 (i.e. $34,000 from each locality) to maintain some marketing activity; ideally the marketing budget should be funded closest to the level of the existing MOU, which would be an increase of $128,000 or $64,000 for each locality. Without these increases Ms. Wills indicated that the visitors' center would not be able to remain open seven (7) days a week. Mr. Lemieux indicated that since he was the liaison to the Convention and Visitors' Bureau from the Board of Supervisors it was important to emphasize the role the CVB plays in the local economy; however, he did understand that based upon the current state of the economy it may not be feasible to provide and increase at this time. Chairman Shickle complimented the CVB on the job they had done, but stated now was not the time to be granting an increase. He did however encourage them to come back before the committee to make known their requests and the progress that they were making. The Committee directed the City Manager and the County Administrator to look at the current MOU and to recommend changes in the structure of the document that more accurately reflect current funding. On a motion made by Mr. Gaynor, seconded by Mr. Ewing, the Committee voted not to increase funding to the Convention and Visitors' Bureau at this time. There being no further business, the meeting was adjourned. HR COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The HR Committee met on Tuesday, November 18, 2008 at 9:00 a.m. with the following people present: Bill F,wing, Philip Farley, and John R. Riley, Jr. Gary Lofton was not present. The following information was shared with the committee: ***For Information Only*** Our current Parks and Recreation Director is anticipating retirement; therefore, Jason Robertson, Assistant Director, will be appointed Interim Director for a period of time. Should Jason perform duties at the expectations of the County Administrator, Mr. Robertson will be appointed Director of the department at that time. Committee went into closed session pursuant to Virginia Code §2.2-3711; subsection A (1) to interview prospective Fire Chief candidates for employment. No other business was discussed. Thank you. LANDFILL OVERSIGHT COMMITTEE REPORT -APPROVED The Landfill Oversight Committee met on Thursday, November 20, 2008 at 8:00 a.m. All committee members were present. The following items were discussed: ***Item Requiring Action*** 1. Review of Proposed Fiscal Year 2009/2010 Budget -Approved Reduction In Municipal Tipping Fee From $24 to $12 Per Ton Retroactive to July 1, 2008. Prior to discussing the fiscal Year 2009/2010 budget, the staff presented a proposal to reduce the current municipal tipping fee from $24 to $12 per ton retroactive to July 1, 2008. This action would result in a rebate to the three (3) jurisdictions for the first six (6) months of the current Fiscal Year 2008/2009. The reduced tipping fee of $12 per ton would be extended through the proposed Fiscal Year 2009/2010 budget. Staff indicated that this reduction can be tolerated because of the current landfill reserve amount (approximately $32,500,000) and the anticipated additional revenue resulting from the gas/electric generation project. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 137 After discussing this reduction at length, a motion was made by Tim Coyne and seconded by Stan Crockett to endorse the municipal tipping fee reduction from $24 to $12 per ton retroactive to July 1, 2008. All committee members except Gary Dove voted to approve the motion. Staff presented the proposed Fiscal Year 2009/2010 budget for information only. In addition to the proposed reduction in the municipal tipping fee, the budget will include a five (5) dollar per ton rebate proportionately distributed to each jurisdiction. 1t is intended that this rebate be applied to recycling and/or other solid waste applications within the three (3) jurisdictions. The proposed budget includes a reduction of four (4) staff positions because of the anticipated continuing reduction in waste flow. Also, capital projects have been limited to improvements to the landfill entrance and an excavation contract in advance of the next CDD cell ($850,000). Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved the reduction in the tipping fee through Fiscal Year 2009/2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye ***Items Not Requiring Action*** 1. Proposed Land Exchange at Landfill Entrance T'he staff presented a proposal to exchange landfill property for an approximate 0.4 acre parcel owned by the Odd Fellows Organization located east and adjacent to the landfill entrance road. The proposed landfill property is located immediately east of an additional Odd Fellows property and will be approximately equal to the 0.4 acre parcel. The acquisition of the parcel adjacent to the entrance will allow the staff to greatly improve the site distance and safety at the intersection with Sulphur Spring Road. The committee unanimously approved this proposal. 2. Update on Projects a. Leachate Force Main: The design of the new leachate force main has been completed and advertised for bid. Bids will be received on December 16, 2008. Permanent easements have been obtained on all affected properties except two (2) small parcels adjacent to the landfill entrance. F,fforts are currently being made to obtain temporary easements from the new owner of these properties (Odd Fellow Organization). Aland exchange and boundary line adjustments will ultimately be employed to resolve this remaining issue. b. Greenhouse Uas: The greenhouse gas contract has been executed by all parties. The improvements required by the contract have been installed resulting in a substantial increase in gas production from approximately 200 efm to approximately 900 efm. Effective combustion of these gasses generates approximately $20 per hour of revenue for destroyed CO2 equivalents. c. Electric Generation: The staff anticipates completing the plans for the gas to electric on or before January 1, 2009. It is anticipated that the two (2), one (1) megawatt generators will be generating electricity from landfill gas within eighteen months after awarding a construction contract. Staff is currently reviewing contracts for the future sale of the electricity generated from this gas. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 138 d. New Scalehouse: The design plans for the new Scalehouse and dual scales have been completed. It is anticipated that this contract will be advertised during the first week in December 2008. 3. Use of Riley Farm "fhe Landfill Manager, Mr. Steve Frye, presented a plan to contract with a local farmer to plant a portion of the Riley farm in a row crop for two or three years with the ultimate goal of establishing a long term reliably hay crop. This action would reduce the staff's maintenance of the property in the form of periodic mowing and control of nuisance weeds. The land proposed for farming does not include future clay borrow areas. 4. Debris Management Plan The landfill staff has requested a proposal from our landfill consultant, SCS F,ngineers, to prepare a debris management plan to encompass the landfill's service area. The completion of this plan will require the cooperation of the three (3) municipalities served by the landfill. Specifically, each municipality will be required to locate sites that can be used to temporarily store debris resulting from a region wide catastrophic event such as a flood, hurricane, or tornado. The prcpa~-ation of this plan will also include a hauling contract that can be executed in the event of an emergency. 5. Stone Hauling The landfill staff has established a practice of initiating a contract to purchase and haul stone for use as a leaehate collection media well in advance of landfill cell development. This practice has allowed us to realize lower development costs as well as minimize construction delays. We currently have enough stone stockpiled onsite to accommodate the next construction/demolition debris (CDD) cell development. We do not anticipate developing the next municipal solid waste cell for at least five (5) years. ITowever, because of the current downturn in the economy and the lower fuel prices, the staff recommends that we consider soliciting bids in the current budget year to furnish leachate collection stone in the amount of 60,000 tons. Even though this project is not included in the current budget, we believe that a substantial savings could be realized. Funding for this purc(ase has been considered in the landfill's reserve account. The committee unanimously approved this approach with the stipulation that the bid results be reviewed by them prior to awarding a contract. CODE AND ORDINANCE COMMITTEE REPORT -APPROVED The Code & Ordinance Committee met on Thursday, December 4, 2008 at 10:30 A.M., in the First Floor Conference Room, Board of Supervisors Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman of the committee Supervisor Philip A. Lemieux, Supervisor Gary A. Lofton, Stephen G. Butler and Michael L. Bryan. Also present County Administrator John R. Kiley, Jr.; Deputy County Administrator lay E. Tibbs; Treasurer C. William Orndoff, Jr.; Ellen Murphy, Commissioner of the Revenue; Major Rob Eckman, Sheriffs Department; and Roderick Williams, County Attorney. The committee submits the following: ***Items Requiring Board Action*** 1. Proposed Amendment to the Frederick County Code, Chapter 158, Vehicles and Traffic, Article I, General Provisions; Addition of new Section 158-3.1, Use of Photo-Monitoring Systems to Enforce Traffic Signals; Penalty; to Allow the Use of a Photo-Red Enforcement System. The Committee discussed a proposed amendment to Chapter 158, Vehicles and 'T'raffic, Frederick County Code. This proposed amendment would enable the County to implement and utilize aPhoto-Red Enforcement System at a future date. Upon a motion by Mr. Lofton, seconded by Mr.:Bryan, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing. (See Attachment.) Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 139 Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board sent this item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Nay 2. Proposed Amendment to the Frederick County Code, Chapter 158, Vehicles and Traffic, Article I, General Provisions; Section 158-1, State Uniform Traffic Code Adopted; to Modify this Section to Correspond More Closely with the Section Titles in Title 46Z of the Code of Virginia, 1950, as Amended. The Committee discussed proposed amendments to Chapter 158, Vehicles and Traffic, Frederick County Code. The proposed amendment permits the Sheriff's Department to cite certain moving violations as a county offense. Upon a motion by Mr. Bryan, seconded by Mr. Butler, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing. (See Attachment.) Upon a motion by Supervisor Lemieux, seconded by Supervisor Lofton, the Board sent this item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 3. Proposed Amendment to the Frederick County Code, Chapter 155, Taxation, Article III, Senior Citizens and Disabled Persons Exemption; to Amend this Section to Correspond More Closely with the Code of Virginia Article 2, Chapter 32 of Title 58.1. The Committee discussed proposed amendments to Chapter 155, Taxation, Frederick County Code. The proposed amendments would bring this chapter into conformance with the State Code, allows relief to be extended on a pro rata basis to eligible multiple co-owners of a property, and includes provision for tax deferral in lieu of or in addition to the exemption. Upon a motion by Mr. Bryan, seconded by Mr. Butler, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing. (See Attachment.) Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board sent this item forward for public hearing. "fhe above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 140 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. Proposed Amendment to the Frederick County Code, Chapter 155, Taxation, Article XV, Assessment and Equalization of Real Estate; Board of Equalization; Appeals; to Modify this Section to Create a New Article XV to Allow for Biennial Reassessment of Real Estate in the County. The Committee discussed proposed amendments to Chapter 155, Taxation, Frederick County Code. The proposed amendments would provide for a biennial reassessment of all real estate in the County and the appointment of the Board of Equalization. Upon a motion by Mr. Lofton, seconded by Mr. Bryan, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing. (See Attachment.) Upon a motion by Supervisor Lemieux, seconded by Supervisor Lofton, the Board sent this item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 5. Proposed Amendment to the Frederick County Code, Chapter 158, Vehicles and Traffic, Article III, County Vehicle Licenses; to Modify this Section to Discontinue the Issuance of the County Motor Vehicle License Decal. The Committee discussed proposed amendments to Chapter 158, Vehicles and 'Traffic, Frederick County Code. The proposed amendments would eliminate county vehicle license decals. The annual fee for County vehicle license would remain the same. Upon a motion by Mr. Bryan, seconded by Mr. Lofton, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing. (See Attachment.) Upon a motion by Supervisor Lemieux, seconded by Supervisor Lofton, the Board sent this item forward for public hearing. The about motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Ayc Philip A. Lemieux Aye Gary A. Lofton Aye TRANSPORTATION COMMITTEE REPORT -APPROVED The Transportation Committee met on November 24, 2008 at 8:30 a.m. Members Present Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 Members Absent 141 Chuck DeHaven (voting) Dave Burleson (voting) James Racey (voting) Phil Lemieux (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Mark Davis (liaison Middletown) ***Items Requiring Action*** 1. I-81 Corridor Coalition Frederick County has recently been approached to join the I-81 corridor coalition. "Phis coalition is an attempt to mirror the I-95 coalition in terms of a multistate initiative to bring federal attention to the needs of the corridor. The primary purpose of the coalition is to coordinate the solutions developed by the six states along the corridor and to protect the interests of the localities along the corridor. Staff noted that the organizing meeting of the coalition determined that the coalition would not be lobbying for additional funding for the roadway. Staff also noted that, while disagreeing with the principle, the coalition has potential to benefit the communities along the I-8l corridor. The Committee discussed the coalition and had some questions regarding VDOT staffing of the effort. Staff noted that the State DOT's along the corridor have committed staff to the effort and it would not require additional staffing at the local level. Staff also agreed to follow up with VDOT to determine the individual who will be working with the coalition and to verify that additional workload would not be placed upon our local VDOT partners. The Committee unanimously recommended that the Board approve Frederick County's participation in the I-81 Corridor Coalition, pending acceptable responses to the questions noted above. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved joining the I-81 Corridor Coalition. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye *** Items Not Requiring Action*** 1. Agenda Format The Committee resolved to go to a paperless agenda and asked that staff communicate that to all the recipients of the Transportation Committee agenda, along with the offer of a paper copy to all of those who may have difficulty receiving the agenda electronically. 2. Transportation Component -Development Impact Model Staff presented preliminary outputs from the new transportation component of the Development Impact Model (attached). Discussion among the Committee covered how this model component would relate to the impacts being discussed in the rural areas of the County. Staff noted that the only impact fee that the County is currently enabled for in the rural areas is transportation, and that the legislation dictating how those fees are calculated is very specific. Staff also noted that the legislature has asked that localities not proceed with that impact fee while Richmond continues to work on the Minute Book Number 34 Board of Supervisors Regular Meeting oT 12/10/08 142 program. Committee members also noted that aper-trip fee might be more accurate and that they would like to get input from the Development Impact Model Oversight Committee before forwarding a recommendation to the Board. 3. Route 522 Realignment Review The Committee reviewed potential modifications to the Route 522 realignment area brought forth by Greenway Engineering. It was noted that the outcome of the pending rezoning of the Governor's Hill development could significantly impact the benefits of any alterations. It was also noted that much additional study would be needed of the traffic. 4. T1A Standards Staff distributed an updated draft of the proposed County TIA Standards (attached). Committee members noted that this was by far the best draft to date and asked staff to continue meeting with the private sector on the standards and to add the issue to the Planning Commission retreat agenda to allow for discussion by the PC and Board before sending it forward. 5. Other PUBLIC HEARINGS PUBLIC HEARING - RESOLUTION (#033-081 CONCERNING THE EXTENSION OF THE CABLE TELEVISION FRANCHISE HELD BY COMCAST OF CALIFORNIA/MARYLAND/PENNSYLVANIA/ViRGINIA/- WEST VIRGINIA LLC FOR THE PURPOSE OF PERMITTING THE COUNTY AND THE FRANCHISEE TO COMPLETE RENEWAL DISCUSSIONS - COMCAST'S CURRENT CABLE TELEVISION FRANCHISE AGREEMENT WITH THE COUNTY EXPIRES ON DECEMBER 19 2008. THE COUNTY IS CURRENTLY NEGOTIATING A RENEWED FRANCHISE AGREEMENT WITH COMCAST BUT THOSE NEGOTIATIONS WILL NOT BE COMPLETE PRIOR TO THE EXPIRATION OF THE CURRENT AGREEMENT. THE PROPOSED RESOLUTION WOULD EXTEND THE CURRENT FRANCHISE AGREEMENT FOR AN INTERIM PERIOD TO ALLOW THE COUNTY AND COMCAST TO COMPLETE THEIR NEGOTIATIONS. -APPROVED Assistant County Administrator Kris Tierney appeared before the Board regarding this item. He advised staff has been working with the law firm of Miller and Van Eaton to negotiate a new franchise agreement with Comcast. He went on to say while negotiations are nearly complete; it has become apparent a finalized agreement will not be in place prior to the expiration of the term of the current agreement. 'fhe proposed resolution would extend the termination date for a period of four (4) months, from December 19, 2008 through April 19, 2009. He concluded by saying Comcast has agreed to this extension. Supervisor Lofton asked if the negotiations could be brought to conclusion by April 19, 2009. Assistant Administrator Tierney responded that he hoped so. He went on to say Comcast has been slow to respond to various issues, but he was confident negotiations could be wrapped up in four months. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 143 Supervisor DeHaven asked that Mr. Tierney share his concerns with Comcast on the need for two way communications. He went on to say it should not take this long to complete the agreement. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the resolution. WHEREAS, on December 20, 1993, Frederick County, Virginia (the `'County"), granted a cable television franchise (the "Franchise") to Central Virginia Cable, Inc.; and WHEREAS, the Franchise is now held by Comcast of California/Maryland/Pennsylvania/Virginia/West Virginia, LLC (the "Franchisee"); and WHEREAS, the Franchise expires on December 19, 2008; and WHEREAS, the County and the Franchisee have been engaged in discussions concerning the renewal of the Franchise and those discussions are nearly complete; and WHEREAS, the County wishes to extend the term of the Franchise to allow time for the parties to complete negotiations; and WHEREAS, the Franchisee has consented to the proposed extension of the Franchise; and WHEREAS, the County and the Franchisee both desire to reserve their respective rights under state and federal law, including, without limitation, 47 U.S.C. § 546. NOW, THEREFORE, BE IT RESOLVED THAT the term of the Franchise is hereby extended until April 19, 2009. This Resolution shall be effective immediately upon passage. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. F,wing Aye Philip A. Lemieux Ayc Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HF,ARING - CONDITIONAL USE PERMIT #10-08 FOR ADAM ARKFELD, FOR A COTTAGE OCCUPATION - MOTELBED & BREAKFAST THIS PROPERTY IS LOCATED AT 250 SISTER CHIPMUNK LANE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBF,R 34-A-98 IN THE STONEWALL MAGISTERIAL DISTRICT. -APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. IIe Minu[e Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 144 advised the property is located at 250 Sister Chipmunk Lane in the Stonewall Magisterial District and is zoned RA (Rura.l Areas) District. This is an application for a bed and breakfast. This use is allowed in the RA District with an approved conditional use permit. The proposed bed and breakfast will have three (3) bedrooms and will take place on the 58 acre parcel. The nearest structure from this proposed use is 150 feet away. There will be no employees other than those residing on-site. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to the cottage occupation sign requirements and not exceed four-square feet in size. 3. No more than three bedrooms and six guests allowed with this bed and breakfast use. 4. No other on-site activities will be associated with this bed and breakfast. 5. Any expansion or modifications will require a new conditional use permit. 6. Allowance for aone-time Chamber of Commerce Social on site in the Spring of 2009. Supervisor DeHaven asked if condition number 4 eliminates other uses on the site. Lvning Administrator Cheran responded yes. Supervisor Lofton asked if the road maintenance agreement had been signed by everyone. Adam Arkfeld, applicant, responded no. He said there was one signature left; however, that individual has been given the opportunity to respond but has not done so. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor DeHaven began by saying he had a problem with rural subdivisions being constructed with covenants which do not apply uniformly to all lots. He "reluctantly" moved to approve Conditional Use Permit #10-08, but would not be hesitant to pull the permit if there were complaints. The motion was seconded by Supervisor Lofton. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Ayc Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 145 PUBLIC HEARNG -ORDINANCE AMENDMENT -CHAPTER 165 ZONING ARTICLE X, BUSINESS AND INDUSTRIAL DISTRICT X165 82 DISTRICT USE REGULATIONS; 5165-83 DIMENSIONAL AND INTENSITY REQUIREMENTS CHAPTER 165 ZONING ARTICLE IV SUPPLEMENTARY USE REGULATIONS, &165-27 OFF-STREET PARKING• &165 29 MOTOR VEHICLE - ACCESS; 5165-31 PROTECTION OF ENVIRONMENTAL FEATURES 165 37 BUFFER AND SCREENING REOUIREMENTS• 165 47 LANDFILLS JUNKYARDS TRASH DISPOSAL AND INOPERABLE VEHICLES• CHAPTER 165, ZONING, ARTICLE XVIII, MASTER DEVELOPMENT PLAN X165 133 WHEN REpUIRED• AND &165-141 CONTENTS OF PRELIMINARY MASTFR DEVELOPMENT PLANS. REVISION TO THE FREDERICK COUNTY ZONING ORDINANCE TO ADD A NEW ZONING DISTRICT TO IMPLEMENT THE MIXED USE INDUSTRIAL/OFFICE LAND USE CLASSIFICATION OF THE COMPREHENSIVE POLICY PLAN AND REVISIONS TO ADD NEW SECONDARY USE, STANDARDS - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff has becn working on a new zoning district intended to implement the new Route 277 Land Use Plan. This district would implement the mixed-use industrial/office land use classification of the Comprehensive Policy Plan. This new district will not affect any of the existing commercial and industrial districts in the county. In addition, design and development standards will be introduced with this new ordinance. She concluded by saying the Planning Commission recommended approval. Supervisor DeHaven applauded the work the committee and staff have done on this proposal. He asked if there have been discussions regarding secondary residential uses. Senior Planner Perkins responded those uses were not permitted in the district. Supervisor DeHaven stated he was supportive of the concept that people should be able to live close to where they work. Chairman Shickle asked if the Board would see tweaks to this proposal as text or ordinance amendments. Senior Planner Perkins responded changes would come in the form of 'Coning Ordinance text amendments. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the revisions to the zoning ordinance. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article X, Business and Industrial District, § 165-82 District use regulations; § 165-83 Dimensional and intensity requirements; Chapter 165, 7_oning Article IV, Supplementary Use Regulations, §165-26 Accessory Uses; § 165-27 Off-street parking; § 165-29 Motor vehicle access; § 165-31 Protection Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 146 of environmental features; §165-37 Buffer and screening requirements; §165-47 Landfills, junkyards, trash disposal and inoperable vehicles; Chapter 165, Zoning, Article XVIII, Master Development Plan, §165-133 When required; and §165-141 Contents of preliminary master development plans, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 28, 2008; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on November 5, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 10, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE 1'1 ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article X, Business and Industrial District, §165-82 District use regulations; §165-83 Dimensional and intensity requirements; Chapter 165, Zoning Article IV, Supplementary Use Regulations, § 165-26 Accessory Uses; § 165-27 Off-street parking; § 165-29 Motor vehicle access; § 165-31 Protection of environmental features; § 165-37 Buffer and screening requirements; § 165-47 Landfills, junkyards, trash disposal and inoperable vehicles; Chapter 165, Zoning, Article XVIII, Master Development Plan, §165-133 When required; and §165-141 Contents of preliminary master development plans are amended. This amendment is amended as described on the attachments. § 165-26. Secoudary or Accessory uses. When permitted secondary or accessory uses that are normally or typically found in association _u with the allowed primary use shall be allowed on the same parcel or lot as the primary use. Secondary uses shall meet the requirements of this section as well as any particular standard imposed on such use. A. Agricultural accessory uses. The selling or processing of agricultural products produced on the premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms, temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use. B. Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met: (1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot. (2) In the RP Residential Performance, MHl Mobile Home Community and R4 Residential Planned Community Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure. (3) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District. R4 Residential Planned Community District and RS Residential Kecreational Community District. [Amended 6-9-1993] C. Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watchman. D. Child day-care services. Child day-care services and facilities shall be allowed in the M1 Light Industrial District as an accessory use to any allowed use or group of allowed uses in an industrial park. [Added 8-8-1990] Minute Book Number 34 Board of Supervisors Kegular Meeting of 12/10/08 147 E. In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm. [Added 6-9-1993] F. Secondary Uses in the BI, B2 and 83Districts. The square footage or area occupied by secondary uses cumulatively shall not exceed twenty-five (25) percent of the gross floor area of the related principal use. In the B3 District no more than fifteen (1 S) percent of the gross floor area of the principal use may be used for accessory retail sales and in no case shall the accessory retailing component exceed 2,000 square feet The square footage devoted to accessory retail sales shall be included in calculating the 25 percent limit on secondary uses. G. Secondary Uses in the OM, MI and M2 Districts. The square footage or area occupied by secondary uses cumulatively shall not exceed twenty-five (25) percent of the gross floor area of the related principal use. Retail as an accessory use shall not be permitted in the OM Park, MI or M2 Districts. ARTICLE X Business and Industrial Zoning Districts § 165-82. District use Regulations. D. Office-Manufacturing (OM) Park District. The intent of this district is to implement the mixed use industriaUoffzce land use classification of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research and development centers, office parks, and minimal impact industrial and assembly uses. Uses are allowed which do not create noise, smoke, dust or other hazards. This district shall be located in a campus like atmosphere near major transportation facilities. Permitted Uses Standard Industrial Classification (SIC) Furniture and Related Product Manufacturing 25 Pharmaceutical and Medicine Manufacturing 2g3 Industrial and Commercial Machinery 35 And Computer Equipment Manufacturing Electronics and other Electrical Equipment 36 And Components Manufacturing Excluding uses in italics: Storage batteries 3691 Primary batteries 3692 Aircraft and Parts Manufacturing 372 Medical Equipment and Supplies Manufacturing 3g Publishing Industries 27 Rubber and Miscellaneous Plastics Manufacturing 30 Excluding uses in italics: Tires and Inner Tubes 3011 Fabricated Metal Products 34 Employment Services 736 Computer Programming, Data Processing, and 737 Other Computer Related Services Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 148 Legal Services 81 Engineering, Accounting, Research 87 Management, and Related Services Medical Laboratories 8071 Public Administration 91-97 Business signs --~ Signs allowed in §165-30B --"""-" Freestanding building entrance signs -~~' Multi-tenant complex signs ~"--'" Electronic Message signs _--"-- Secondary or Accessory Uses. The following uses shall be permitted by rig ht in the OM Park District, but only in conjunction with, and secondary to, a permitted principal use in accordance with section 165-26. Secondary Uses Standard Industrial Classification (SIC) Insurance Carriers and Services 63-64 Commercial Banks 602 Eating and Drinking Places Except the following: Restaurants with drive-through uses ----'-- Food Services Contractors 5821 Caterers 5821 Mobile Food Services ----~- Drinking Places 5813 Office Machinery and Equipment 7359 Rental and Leasing Physical Fitness Facilities for employees 7991 Child Day Care Sen~ices 8351 Office Machine Repair and Maintenance 7629 Dry Cleaning and Laundry Services 721 Except the following: Linen supply 7213 Dry Cleaning Plants 58 7216 Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 149 Industrial launderers Design Requirements. 7278 A. Minimum Size. No OM Park District rezoning shall be approved for less than ten (IO) contiguous acres. (1) There shall be no minimum lot size. (2) There shall be no minimum lot width or depth. B. Development Standards. The following standards shall apply in the OMPark District. (I) This district shall be planned and developed with a harmonious coordination of uses, architectural styles, landscaping, parking, signs and outdoor lighting. (2) This district shall be developed with a campus like atmosphere and near major transportation facilities. (3) Any building shall be faced on all sides facing road right-of-ways with durable, attractive, high quality materials, comparable to clay brick, stone, wood, architectural concrete masonry unit (e.g., regal stone, split face, precision, ground face) or precast concrete panels. (4) Loading docks or loading entrances shall be blocked from view from public streets, by utilizing board-on-board fencing, masonry walls, or evergreen tree plantings. (S) Outdoor storage shall be prohibited. (6) All OM Park districts shall have access to a state road 1~-.-E. M1-Light Industrial District. The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with sale and sufficient access. £LF. M2 Industrial General District. The intent of this district is to provide for a wide variety of manufacturing, commercial office and heavy commercial uses, including those which may not be compatible with nearby residential and business areas. Performance controls are used to control potential nuisances, especially in relation to zoning district boundaries. Such industrial areas shall be provided with safe and sufficient access. §165-83. Dimensional and intensity requirements. A. The following table describes the dimensional and intensity requirements for the business and industrial Districts: District Requirement Bl B2 B3 OM M1 M2 Front yard setback on 50 50 50 SO 75 75 Primary or arterial highways (feet) Front yard setback on 35 35 35 35 75 75 Collector or minor streets (feet) Side yard setbacks (feet) -- -- 15 15 25 25 Rear yard setbacks (feet) -- -- 15 IS 25 25 Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 150 Floor area to lvt area ratio .03 1.0 1.0 L0 1.0 1.0 (FAR) Minimum landscaped area 35 15 25 15 25 15 (percentage of lot area) Maximum height (feet) 35 35 35 60 60 60 ARTICLE IV Supplementary Use Regulations § 165-27. Off-street parking; parking lots. E. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the RS Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District and the MS Medical Support District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust- and gravel-free, hard surface. The Zoning Administrator may allow for the use of other hard-surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime-and-seal treatment or an equivalent surface. [Amended 9-12-2001] (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the RS Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District and the Ms Medical Support District. The curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. "fhe Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. [Amended 9-12-2001] (4) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District the R4 Residential Planned Community District, the RS Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District and the MS Medical Support District. The raised islands shall be bordered by concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials. The Zoning Administrator may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. [Amended 9-12-2001) (] 1) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the RS Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Minute Book Number 34 Board of Supervisors Regular Meeting of 12/l0/08 15 Industrial Transition District, the OM Office-Manufacturing Park District, the Ml Light Industrial District, the M2 Industrial General District and the M2 Medical Support District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of--way. Parking lots shall be adequately shaded to reduce reflected heat. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: [Amended 9-12-2001; 4-23-2003] § 165-29. Motor vehicle access. A. New driveways. (2) In order to provide safe and convenient access and to provide efficient travel on arterial highways, a minimum spacing shall be provided between new driveways and entrances onto collector roads and onto primary and arterial highways, in the following zoning districts: B 1 Neighborhood Business B2 Business General B3 Industrial Transition OM Office-Manufacturing Park M1 Light Industrial M2 Industrial General § 165-31. Protection of environmental features. [Amended 12-11-1991; 8-9-2000; 7-11- 2001; 4-23-2003] 1n order to protect those areas of a parcel which have environmental characteristics that make them unsuitable for development, certain portions of a development shall remain undisturbed or be protected. It is the intention of this section that the disturbance of such areas by the development process be limited. It is also the intention of this section that the large portions of ___ the areas with such environmental characteristics be placed in open space, environmental easements, the portion of the parcel left undivided or other areas where they will remain undisturbed. It is intended that the environmental conditions on a property be reviewed as the first step in the planning process before lots or dwellings are located. A. The requirements of this section shall apply to land in the following zoning districts: RP Residential Performance District R4 Residential Planned Community District RS Residential Recreational Community District MHl Mobile Home Community District B1 Neighborhood Business District B2 Business General District B3 Industrial 'T'ransition District OM Office-Manufacturiug Park District M1 Light Industrial District M2 Industrial General District HE Higher Education District RA Rural Areas District MS Medical Support District § 165-37. Buffer and screening requirements. [Amended 6-13-1990] D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (b) Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: [Amended 9-12-2001] Minute Book Number 34 Board or Supervisors Regular Meeting of 12/10/08 1521' ------ Zonin of Ad'oinin Land B3 OM Ml M2 EM MS Zoning of RP R4 RS MHl Bl B2 Land to be llevelo ed A A A A A A A A RP - - - A A A A A A A A R4 - - - - - A A A A A A A A C RS MHl - - C C C B B B B B p A A A A A A B Bl B B B B B _ _ A A A A A - B B2 B B B C C C C _ - - - - B B C C B3 OM C C C C - - - B B - - C M] C C C L C B B B B B _ _ B C M2 EM C C C C C C C B B B B _ - B B B C B C - MS C C C B B § 165.47. Landfills, junkyards, tras h disposal and inoperable vehicles. C, Inoperable motor vehicles. hi cles shall not be stored outside of a completely e nclosed (1) Inoperable motor ve building in the following zoning districts: [Amended 10-27-2004] ~ Residential Performance Residential Planned Community R4 RS Residential Recreational Community MHl Mobil Home Community HE Higher Education MS Medical Support gl Business Neighborhood B2 Business General B3 lndustrial Transition OM Office-Manufacturing Park M1 lndustrial Light M2 Industrial General EM Extractive Manufacturing §165-83. Dimensional and intens ity requirements. The following table desc ribes the dimensional and intensity requirements for the A. business and industrial Districts: District _Reguirement B1 B2 B3 OM Ml M2 Front yard setback on 50 50 50 50 75 75 Primary or arterial highways (feet) Front yard setback on 35 35 35 35 75 75 Collector or minor streets (feet) Side yard setbacks (feet) -- -- 15 IS 25 25 25 25 Rear yard setbacks (feet) -- -- 0 1 15 0 1 IS 1.0 1.0 1.0 Floor area to lot area ratio .03 . . (FAR) Minimum landscaped area 35 15 25 1 S 25 15 (percentage of lot area) Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 153 Maximum height (feet) 35 35 35 60 60 60 ARTICLE XVIII Master Development Plan § 165-133. When required. A. A preliminary Master Development Plan (MDP) and a final MDP shall be submitted to the Director of Planning and Development for Planning Commission and Board of Supervisors approval prior to any subdivision or development of property in any of the following zoning districts: [Amended 10-27-2004] RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MII1 Mobil Home Community llistrict HE I3igh Education District MS Medical Support District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office-Manufacturing Park District M1 Industrial Light District M2 lndustrial General District EM Extractive Manufacturing District § 165-141. Contents of preliminary master development plans. C. Contents of a preliminary master development plan in the M1 Light Industrial District, the M2 lndustrial General District, the EM Extractive Manufacturing District, the HE Higher Education District, the B 1 Neighborhood Business District, the B2 Business General District, the B3 lndustrial Transition District or the OM Office-Manufacturing Park District. The preliminary MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: This ordinance shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DcHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING -ORDINANCE AMENDMENT -CHAPTER 165 ZONING ARTICLE IV SUPPLEMENTARY USE REGULATIONS X165 37 BUFFER AND SCREENING REQUIREMENTS REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE PERTAINING TO BUFFER AND SCREENING REQUIREMENTS ADJACENT TO RAILROAD RIGHT OF WAYS APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was an amendment to the zoning district buffer requirements for property adjacent to a railroad right-of--way. The Planning Commission held a public hearing on this proposal and Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 154 recommended approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Dove, the Board approved the proposed zoning ordinance amendment. WHEREAS, an ordinance to amend Chapter 165, "Coning, Article 1V, Supplementary Use Regulations, Subsection 37, Buffer and screening requirements, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 28, 2008; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on November 5, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 10, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection ___ 37, Buffer and screening requirements, is amended. This amendment is amended as described on the attachment. § 165-37D. Buffer and Screening Requirements. X165-37D (ll) Whenever land is to be developed in the Bl, B2, B3, OM, Ml, or M2 Zoning Districts that his adjacent to a railroad right-of--way that has property zoned Bl, B2, B3, OM, MI, or M2 on the opposite side, Zoning District Buffers shall not be required. In the event that residential uses are located on the opposite side of the railroad right-of--way, a Zoning District Buffer as required by §I65-37D shall be provided. In the event that a Zoning District Buffer is required, the width of the railroad right-of way may be counted towards the required Zoning District Buffer distance. This ordinance shall be effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. Del-Iaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Ayc Gary A. Lofton Aye PUBLIC HEARING -ORDINANCE AMENDMENT -CHAPTER 165, ZONING, ARTICLE XVII IA INTERSTATE AREA OVERLAY DISTRICT &165-130 QUALIFYING CRITERIA AND &165-131 DISTRICT REGULATIONS. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 155 REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO REMOVE GENERAL MERCHANDISE APPAREL STORES AND AUTOMOTIVE DEALERS FROM THE QUALIFYING USES APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She explained the Frederick County Zoning Ordinance permits property owners to erect larger signs along highways if they are within the Interstate Overlay District. Interstate Overlay signs range in maximum size from 30 square feet to 500 square feet depending on the number of users. The intent and purpose of interstate overlay signs is to inform the traveling public as to the location of hotels, gasoline stations and restaurants. Currently, the Interstate Overlay District also allows for general merchandise, apparel stores, and automotive dealers to be located on the signs as well. She went on to say staff is proposing an ordinance revision to the Interstate Overlay District regulations to remove general merchandise, apparel stores, and automotive dealers from qualifying uses. She concluded by saying the Planning Commission held a public hearing on this item and recommended approval. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved this ordinance amendment. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article XVII, IA Interstate Area Overlay District, Subsection 130, Qualifying criteria and Subsection 131, District regulations, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on June 26, 2008; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on November 5, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 10, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, 'THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article XVII, IA Interstate Area Overlay District, Subsection 130, Qualifying criteria and Subsection 131, District regulations, is amended. This amendment is amended as described on the attachment. ARTICLE XVII IA Interstate Area Overlay District [Added 5-10-1995; amended 8-13-1997] Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 156 § 165-127. Intent. The IA Interstate Area Overlay District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified in § 165-30 of this chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. "1'he standards within this article are designed to allow for additional visibility for commercial businesses while minimizing negative impacts to view sheds, the traveling public and residential properties that are adjacent to or within the proximity of the overlay district. Established boundaries are based on reasonable sight distances and policies set forth in the Comprehensive Plan and are intended to designate each interstate interchange area and provide guidance for considering the addition of subsequent properties. § 165-128. District boundaries. Properties that are included within the Interstate Area Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. § 165-129. Establishment of district. A. The Frederick County Board of Supervisors may apply the Interstate Area OverlayDistrict to properties within the proximity of interstate interchange areas upon concluding that: (1) The property is in conformance with the idealized interchange development pattern recommendation of the Frederick County Comprehensive Plan. (2) The placement of a sign meeting the requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential. (3) 'The property has met the requirements of Article 11 of this chapter, as well as the requirements of § 15.2-2286 of the Code of Virginia 1950, as amended. [Amended 11-12-2003) B. The Interstate Area Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the Interstate Area Overlay District shall also be within one or more zoning districts as specified within this chapter. 'The effect shall be the creation of regulations and requirements of both the underlying zoning district(s) and the lnterstate Area Overlay District. § 165-130. Qualifying criteria. A. On property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District, the following uses shall be authorized to erect a commercial business sign that complies with the requirements of § 165-131 of this article. Such commercial business signs complying with the requirements of § 165-131 of this article shall hereinafter be referred to as interstate overlay signs. Standard Industrial Classification Qualifying Uses (SIC) ~1--„cv~rci3a,1 d-,mac-c¢ro'~-crppctre~ St9reS c2 .....] c~ ~ *~•~~ a°~~°-° °~a gasoline service stations ~5-5541 Eating and drinking establishments 58 Hotel and lodging establishments 70 B. Qualifying uses specified under § 165-130A that arc authorized on property through the issuance of a conditional use permit in the RA Rural Areas District may be entitled to erect an interstate overlay sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the property has met the requirements of Article Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 157 III of this chapter, the business sign complies with the requirements of § 165-131 of this article and the qualifying use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. 165-131. District regulations. A. Permitted signs. Permitted signs shall be as follows: (1) (Interstate overlay signs. I I (2) Signs permitted in the underlying zoning district(s). B. Prohibited signs. Prohibited signs shall be as follows: (1) Off-premise business signs. (2) Signs prohibited in the underlying zoning district(s). C. Number of freestanding commercial business signs. On any parcel within the Interstate Area Overlay District, one interstate overlay sign that complies with the requirements set forth in this article may be erected. D. Setback requirements. (1) All portions of an interstate overlay sign shall bed set back a minimum of 10 feet from any lot line or property boundary line and shall meet all other applicable setback requirements. (2) When any interstate overlay sign exceeds the height requirement of the underlying zoning district(s) and is located on property that adjoins or is across aright-of--way from property that is in the RP Residential Performance District, the HE IIigher _ Education District or any property which has a residence as its primary use, the setback shall be the normal setback plus one foot for every foot over the maximum height of the underlying zoning district(s). (3) The Planning Commission may waive any portion of the setback described in § 165- 131D(2) if it can be demonstrated that the setback requirement cannot be met due to the irregular size or shape of the parcel. E. Spacing requirements. The spacing requirements between an interstate overlay sign and signs in the underlying zoning district(s) shall comply with the requirements in § 165-30F of this chapter and shall meet all other applicable spacing requirements. F. Maximum size. (1) No interstate overlay sign shall exceed a total of 300 square feet in area. (2) When more than one qualifying use is located on a single parcel within the Interstate Area Overlay District, a single support structure may be erected which contains one or more signs, the total combined square footage of which shall not exceed 500 square feet in area. ___. G. Illumination. Neither the direct nor reflected light from any illuminated interstate overlay sign shall create an increase in the ambient foot-candle at the property line, create glare into or upon other structures or create glare onto a public thoroughfare so as to create a traffic hazard for operators of motor vehicles. H. Maintenance and permits. (1) All signs that are erected in the Interstate Area Overlay District shall meet the maintenance and permit requirements as s ecified in ~ t ~~~~~ ~..a ~ ~ ~c ~nr p ~ o ~:~-.~~-.~~ §165- 30Kand § 165-30L of this chapter. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 158 (2) If required, appropriate easements shall be secured by a property owner that desires to erect an interstate overlay sign prior to the issuance of a sign permit in order to ensure that required maintenance can be performed. Permitted heights. (1) All interstate overlay signs shall be located a minimum of 25 feet in height above the base of the sign support structure. (2) The maximum height for interstate overlay signs shall be determined by the nearest interstate exit number and shall be based on an elevation above mean sea level as set below: Exit Number 302 (Middletown and Rt. 11 South) 307 (Stephens City and Rt. 277) 310 (Kernstown and Rt. 37) 313 (Kt. 50/ 17 and Rt. 522) 315 (Rt. 7 and Berryville Avenue) 317 (Rt. 11 North and Rt. 37) 321 (Clearbrook and Rt. 11 North) 323 (Whitehall and Rt. l 1 North) Maximum Business Sign Height (feet above mean sea level) 760 800 805 805 750 815 700 710 This ordinance shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Ayc Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING -ORDINANCES AMENDMENT -CHAPTER 165, ZONING, ARTICLE VI RP RESIDENTIAL PERFORMANCE DISTRICT, §165-59 PERMITTFD USES &165-61 NUMBER OF USES RESTRICTED, &165-62 GROSS _DENSITY, &165 62 1 MULTIFAMILY HOUSING &165-65 DIMENSIONAL REQUIREMENTS; ARTICLE IV SUPPLEMENTARY USF. REGULATIONS, &165 37 BUFFER AND SCREENING REQUIREMENTS; ARTICLE. XXII DEFINI"PIONS &165-156 DEFINITIONS AND WORD USAGE; AND CHAPTI/R 144 SUBDIVISION OF LANll ARTICLE V DESIGN STANDARDS, §144-24 LOT REQUIREMENTS REVISIONS TO THE FREllERICK COUNTY ORDINANCES TO ENABLE AGE-RESTRICTED MULTIFAMILY HOUSING IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT. -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this proposed amendment was initiated to accommodate a new housing type in proffered age-restricted communities. The requested changes are based on a desire to incorporate elevators in a cost effective manner by permitting taller buildings, with more units per building, and a higher density than allowed in the garden apartment housing type. The principle change to the ordinance would be the introduction of a new housing type in the RP District called age- restricted multi-family housing. The proposal calls for the new housing type to be permitted Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 159 only with proffered age-restricted housing. Shc concluded by saying the Planning Commission held a public hearing and recommended approval. Supervisor Lemieux asked if the only way to get a peaked roof on the buildings in this type of development would be for the developer to request a waiver. Senior Planner Perkins responded yes. Chairman Shickle convened the public hearing. Patrick Sowers, Patton Harris Rust & Associates, appeared before the Board regarding this request. He appreciated the efforts of staff and the committee. He went on to say he had two concerns. First, he felt the parking standards were over parked. Second, the set back requirement of 2 feet for every 1 foot over 40 feet was a disincentive for peaked roofs. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board approved this ordinance amendment. WHEREAS, an ordinance to amend Chapter 165, 7,oning, Article VI RP Residential Performance District, §165-59 Permitted uses, §165-61 Number of uses restricted, §165-62 Gross density, § 165-62.1 Multifamily housing, § 165-65 Dimensional requirements; Article IV Supplementary iJse Regulations, § 165-37 Buffer and screening requirements; Article XXII Definitions, §165-156 Definitions and word usage; and, Chapter 144, Subdivision of Land, __ Article V Design Standards, § 144-24 Lot requirements, § 165-82 District use regulations; § 165- 83 Dimensional and intensity requirements, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on June 26, 2008; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on November 5, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 10, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI RP Residential Performance District, § 165-59 Permitted uses, § 165-61 Number of uses restricted, § 165-62 Gross density, § 165-62.1 Multifamily housing, §165-65 Dimensional requirements; Article IV Supplementary Use Regulations, § 165-37 Buffer and screening requirements; Article XXII Definitions, § 165-156 Definitions and word usage; and, Chapter 144, Subdivision of Land, Article V Design Standards, § 144-24 Lot requirements are amended. This amendment is amended as described on the attachments. ARTICLE VI RP Residential Performance District Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 160 §165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single- family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak-link townhouse, townhouse, ~ garden apartment or age-restricted multifamily housing. Amended 10-27-1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for non-profit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (10) Temporary model homes used for sale of properties in a residential development. (I 1) Libraries. [Added 6-8-1994] (12) Adult-care residences and assisted-living care facilities. [Added 8-24-2004] §165-b1. Number of uses restricted. More than one principal structure or use and its customary accessory structures or uses are permitted in the 1Z1' Kesidential Performance District for duplexes, multiplexes, atrium houses, weak-link townhouses, alb garden apartments and age-restricted multifamily housing. §165-62. Gross density. [Amended 5-11-1994] A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. "1 he following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 19 20 dwellings per acre for age-restricted multifamily housing or IO dwelling units per acre for any other housing types. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 161 C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. §165-62.1. Multifamily housing. [Added 5-11-1994] A. Developments that are less than 25 acres in size may include more than ~ 60% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to ~ 60% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 40°~ SO % multifamily housing types. §165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Garden apartments. "Garden apartments" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off-Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1, 700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4 Minimum lot size shall be one acre. (5) Minimum yards shall be as follows: (a) Front setback: [ 1 ] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/lU/OS -162 (8) Maximum building height shall be as follows: (a) ~e Principal building: 40 feet. (b) Accessory buildings: 15 feet The diagram appearing in §165-65 (L) remains unchanged.] Q. Abe-restricted multifamily housin;?. "Age-restricted multifamily housing" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age-restricted multifamily housing shall only be permitted within proffered age-restricted developments. Elevator service shall be provided to each floor of age-restricted multifamily housing structures for use by residents and guests. (1) Maximum gross density shall be 20 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off-Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.5 1 1, 700 1.5 2 2,000 2.0 3 plus 2,550 2.0 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be three acres. (5) Minimum yards shall be as follows: (a) Front setback: JIJ Sixty feet from road right-of-ways. J2J Five feet from parking areas or driveways. (b) Side: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (c) Rear: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (6) Minimum on-site building spacing shall be 50 feet (7) Maximum number of dwelling units per building shall be 110. (S) Maximum building height shall be as follows: (a) : b8 feed The maximum structure height for any principal building shall be 40 feet. The Board of Supervisors may waive the 40 foot height limitation provided that it will not negatively impact adjacent residential uses. In no case shall any principle building exceed 60 feet in height. (b) ncees~se~~buildings: 13~eet The maximum structure height for any accessory buildings shall be IS feet. Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 163 ARTICLE IV Supplemental Use Regulations §165-37 Buffer and screening requirements. [Amended 6-13-1990] C. [Amended 5-11-1994] Residential separation buffers. (2) Perimeter apartment, e~multiplex or age-restricted multifamily housing separation buffers. (a) Wherever possible and practical, garden apartments, am# multiplex structures and age-restricted multifamily housing structures shall not be placed adjacent to other types of residential structures. if other types of residential structures must be placed adjacent to garden apartments, er multiplex structures; or age-restricted multifamily housing structures the following buffers are required. Distance Buffer Required Screening Inactive Active Provided (Minimu m) (Maximum) Total (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment, er multiplex structures or age-restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age-restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a __ height of six feet, and also include a six foot-high wall, fence, mound or berm. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] ' la•i~t ~nrinf •l. a _ r F zr lo ~~r 4f1o% ..F. w,. .._:._ __ cc ___-- _ r , , ~ . .. ,. ,. } ACE-RESTRICTED -Housing intended for and occupied by older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). The housing must include the publication of, and adherence to, policies and procedures which demonstrate inteut by the owner(s) and manager(s) to provide housing for older persons. Chapter 144 -Subdivision of Land ARTICLE V Design Standards §144-24. Lot requirements. C. Lot Access. All lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 164 (2) "~~~'~=i=p-and Single-family small lot housing, single family attaehed housing and multifamily housing. [Amended 10-27-1999] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [1] Duplexes. [2] Multiplexes, [3] Atrium houses. [4] Townhouses. [5] Weak-link townhouses. [6] Garden apartments. [7] Single-family small lot housing. (SJ Age-restricted multifamily housing Supervisor Fisher stated part of his concern had to do with the elevation difference with adjacent properties. Supervisor Dove stated he would like the Development Review and Regulations Subcommittee to look at parking. He went on to say he did not want to see a lot of unneeded asphalt. Supervisor Lemieux stated until the county has mass transit the parking requirement is presently needed. Supervisor DeHaven stated he fully supported the housing type, but he had real issues with placing a 60 foot building 140 feet from a single family dwelling on a'/4 acre lot. ~ ~ -_. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. lleHaven, Jr. Nay Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN - SNOWDEN BRIDGE, PARTS A & B - FORWARDED TO STAFF FOR DISPOSITION Planning Director Eric Lawrence appeared before the Board regarding this item. He advised the applicant was seeking revisions to the previously approved Part A and approval of part B of this master development plan. 'The applicant was proposing to convert some of the single-family dwelling housing types to townhouse units. Another change included the addition of a right-in/right-out entrance along Snowden Bridge Boulevard. Further the applicant is seeking to clarify part of the recreation unit requirements. Planning Director Lawrence reminded the Board that Part B has not yet been approved, but is proposed to include an Active Adult Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 165 Community. He concluded by saying staff was seeking authority to approve this master development plan. Chairman Shickle noted this was one of the hardest master development plans to read given the size of the font, etc. Director Lawrence apologized and stated staff was trying to provide only those pages reflecting changes instead of the entire plan; however, in the future, staff would provide a copy of the entire plan to the Board. Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board forwarded this item to staff for disposition. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye ROAD RESOLUTIONS -APPROVED UNDER CONSENT AGENDA RESOLUTION #034-08 - THF, GUARDS, SECTION I & II WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by the reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Rye uirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, 'THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. RESOLUTION #035-08 -RAVEN POINTE SUBDIVISION, SECTION 6 WHF,RF,AS, the streets described on the attached Form AM-4.3, fully incorporated herein by the reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 166 advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, tills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. RESOLUTION #036-08 -ROUTE 1000 ARBOR COURT. WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by the reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVEll, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lemieux wished everyone a Merry Christmas and happy holiday season. ADJOURN UPON A MOTION BY SUPERVISOR EWTNG, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME. BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:48 P.M.) Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08 167 O o o ~~, Richard C. Shickle o .Riley, Jr. Chairman, Board of Supervisors erk, Board of Supervisors Minutes Prepared By: Jay E. ib s Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 12/10/08