HomeMy WebLinkAboutJune 24 2009 Agenda PacketAGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JUNE 24,209
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
5:30 P.M.- Closed Session:
There will be a Closed Session in Accordance with the Code of Virginia,
1950, as Amended, Section 2.2 -3711, Subsection A, (7) to Consult with Legal
Counsel and Section 2.2 -3711, Subsection A, (1) to Discuss Personnel.
7:15 P.M. — Regular Meeting Call To Order
Invocation
Pledge of Allegiance
Adoption of Agenda
Pursuant to established procedures, the Board should adopt the Agenda for
the meeting.
Consent Agenda
(Tentative Agenda Items for Consent are Tabs: None)
Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.)
Board of Supervisors Comments
Minutes (See Attached) A
1. Regular Meeting, June 10, 2009.
County Officials
1. Employee of the Month Awards for March, April, and May, 2009.
(See Attached) B
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, ,TUNE 24, 2009
DA� n
2. Committee Appointments. (See Attached)
3. Request from the Commissioner of the Revenue for Refunds. C
(See Attached)
Committee a Reports
0
1. Finance Committee. (See Attached)
2. Development Impact Model Oversight Committee. (See Attached) p
Public Hearing
I. An Ordinance to Amend the Frederick County Code, Chapter 155,
Assessment Im IX , Assessment for Law Library; Section 155 -39,
Construction, Reenovation and Maintenance A ssess ment for Courthouse
Assessment Imposed and the Addition of Sections 155 -131,
Supplemental Assessment im Section 155 -31.1,
Reflect Legislation Enacted by��0 9h�neral�AssAmendments Sessio Will
Permitting Localities to Increase Certain Court Fees Collected for
Funding Law Libraries and Courthouse Construction, Renovation and
Maintenance. (See Attached)
2. An Ordinance to Amend the Frederick County Code, Chapter 155, G
Taxation; Article XVIII, Special License Provisions, to Amend Section
Will Bring the Text of the Frederick County Code Intto Pro p o sed
with
the State Code. In Addition, the Proposed Amendment Would Create a
New Section 155 -96(C) to Clarify Those Activities that are Subject to Flat
Rate Assessments Irrespective of Gross Receipt Amounts.
(See Attached)
Planning Commission Business H
Public�
1. Rezoning #02 -09 Of The Bishop -Amari Property, Submitted by Greenway
Engineering, to Rezone 2.77 Acres from RA (Rural Areas) District to
B2 (General Business) District, with Proffers , for Commercial Uses.
This Property is Located in the Northeast Quadrant of the Intersection
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JUNE 24, 2009
PAGPx
Of Martinsburg pike (Route 11) and Old Charles Town Road
and is Identified by property Identification Number 44 A�3 in the
Stonewall Magisterial opertct. (Route 761),
(See Attached)
Other Plate Imo. �
1. Memorandum from the Conservation Easement Authorit
Easement. (See Attached) my —Snapp
2. Memorandum Requesting a Joint W J
(See Attached) orksession Re: CPPA.
I Discussion — Ordinance K
(See Attached) Amendment — Outdoor Lighting.
4. Discussion — Landscaping q L
(See Attached) p 9 Re uirements in the RA District (Sheet Trees).
5. Discussion — Buffer R M
equirements. (See Attached) -- _---
6. Discussion — Addition of SIC 208
(See Attached) (Beverages) to the M1 District. N
Board Llaiso�Reu`rts (If Any) O
Citizen�me_ts
Board of SURM Comments
Ad oum
TO
FROM:
DATE:
Board of Supervisors
Lynsey Orndorff, HR Generalist
June,2009
SUBJECT: Employee of the Month Presentation
.. County of Frederick
Director of Human R sfourcces
( 665 -5668
pnofsin FAX. (540) 665 -5669
9 @co.frederick. va. us
Please find attached resolutions recognizing Karen Orndorff, Jeremy Coulson, and
Ernest B. L. "Bennie" Sargent for "Employee of the Month" March, April and May, 2009.
All plan to attend the June 24 hoard meeting to accept their award.
Thanks
107 North Kent Street Winchester, VA 22601 -5000
RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY
EMPLOYEE OF THE MONTH
Karen C. Orndorff
WHEREAS, the Frederick County Board of Supervisors recognizes employees are a most important resource; and,
that the County's
established he of the Month award ward and candidates approved a resolution which
es for this award ma
by any County employee; and,
y be nominated
WHEREAS, the Board of Supervisors selects one employee from those nominated, based
on the merits of outstanding performance and productivity, positive job attitude and other
noteworthy contributions to their department and to the County; and,
WHEREAS, Karen C. Orndorff who serves as a Permit Technician with the Public
Works /Inspections Department was nominated for Employee of the Month; and,
WHEREAS, Karen is deserving of this special recognition forgoing above and beyond her
daily duties. She is always willing to help in all ways possible which benefits the department and
the citizens of Frederick County. Karen is also an excellent mentor to her co- workers and has a
Personality that is easy for the public to communicate with.
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors
this 24' day of June, 2009, that Karen C. Orndorff is hereby recognized as the Frederick County
Employee of the Month for March 2009; and,
BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to
Karen C. Omdorff for her outstanding performance and dedicated service and wishes her
continued success in future endeavors.
FREDERICK COUNTY BOARD OF SUPERVISORS
I
Richard C. Shickle, Chairman
RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY
EMPLOYEE OF THE MONTH
Jeremy R. Coulson
WHEREAS, the Frederick County Board of Supervi
employees are a most important resource; and, sors recognizes that the County's
established the Employee September he Mo th 1992,
ward andrCandidate approved a resolution which
s for this award may be nominated
by any County employee; and,
WHEREAS, the Board of Supervisors selects one employee from those nominated, based
on he merits of outstanding performance and productive
noteworthy contributions to their department and to the County; andsitive job attRude and other
WHEREAS, Jeremy Coulson who serves as Webmaster with the Information Technologies
Department was nominated for Employee of the Month, and,
WHEREAS, Jeremy is desery ing of this special recognition for saving the County
countless dollars by being creative and innovative with the resources that he has in developing a
user friendly website. Similar programs in other localities would have cost thousands but
Frederick County's has been developed and maintained in -house by Jeremy at no additional
costs. Jeremy's leadership along with fellow employees and the web committee has benefited the
County as a whole.
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors
this 24 day of June, 2009, that Jeremy Coulson is hereby recognized as the Frederick County
Employee of the Month for April 2009; and,
BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to
Jeremy Coulson for his outstanding performance and dedicated service and wishes his continued
success in future endeavors.
FREDERICK COUNTY BOARD OF SUPERVISORS
i
Richard C. Shickle, Chairman
RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY
EMPLOYEE OF THE MONTH
Ernest B.L. Sargent, Sr.
Bennie'
WHEREAS, the Frederick County Board of Supervisors re cognizes that the County's
employees are a most important resource, and,
WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which
established the Employee of the Month award and candidates for this award ma by any County employee; and,
y be nominated
WHEREAS, the Board of Supervisors selects one employee from those nominated
on the merits of Outstanding performance and productive , based
noteworthy contributions to their department and to the County; and,
ty. positive job attitude and other
Sheriffs Office was nominated for e
Emp Employee of the Month; Deputy sheriff for the Frederick County
WHEREAS, Bennie is deserving of this special recognition for his tireless efforts and his
knowledge of courthouse and courtroom security. Bennie is well known for this throughout the
Law Enforcement Community as well as his courtesy and professionalism that exemplify the
finest tradition of the Sheriffs Office. His dedication to his duty is proven by his outstanding
attendance record and his ability to work overtime on a daily basis with no complaint.
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors
this 24 1h day of June, 2009, that Ernest B. L. Sargent, Sr. is hereby recognized as the Frederick
County Employee of the Month for May 2009; and,
BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to
Ernest B.L. Sargent, Sr. for his outstanding performance and dedicated service and wishes his
continued success in future endeavors.
FREDERICK COUNTY BOARD OF SUPERVISORS
Richard C. Shickle, Chairman
COUNTY of FREDERICK
W �( 1 John R. i Ri ley, Jr.
111111 °`" E M O R A N D U M County Administrator
5401665 -5666
TO: Board of Supervisors Fax 540/667 -0370
E -mail:
FROM: John R. Riley, Jr., County Admin jriley @co.frederick.va.us
DATE: June 18, 2009
RE: Committee Appointments
Listed below are the vacancies /appointments due through August, 2009. As a
reminder, in order for everyone to have ample time to review applications, and so they can
be included in the agenda, please remember to submit applications prior to Friday agenda
preparation. Your assistance is greatly appreciated.
Historic Resources Advisory Board
There is a Member -At -Large seat that has been vacant. Staff previously advertised
on several occasions, but no applications were received.
Industrial Development Authority
Robert Rind — Back Creek District Representative
481 Stoneymeade Drive
Winchester, VA 22602
Term Expires: 11/10/12
Four year term
(Mr. Rind has resigned effective immediately as he has moved from the area.)
JUNE 2009
Board of Building Appeals
Don Arnold — Frederick County Representative (Back Creek District Resident)
c/o A & B Builders
1820 Roberts Street
Winchester, VA 22601
Office: (540)545 -8272
Term Expires: 06/26/09
Five year term
C d .c
107 North Kent Street • Winchester, Virginia 22601
Memorandum - Board of Supervisors
June 18, 2009
Page 2
(FYI - There are seven members on the Board of Building Appeals. One member
serves as an alternate. Members serve a five year term. Members should, to the extent
possible, represent different occupational or professional fields of the building industry. At
least one member should be an experienced builder and one other member should be a
licensed professional engineer or architect).
Social Services Board
Lorene Carter — Gainesboro District Representative
141 Upper Ridge Road
Winchester, VA 22603
Home: (540)535 -2236
Term Expires: 06/30/09
Four year term
JULY 2009
Shawnee Land Sanitary District Advisory Committee
Tammy Furr
109 Geronimo Trail
Winchester, VA 22602
Home: (540)877 -3164
Term Expires: 07/13/09
Two year term
David J. Beeler, Jr.
107 Gilmore Trail
Winchester, VA 22602
Home: (540)877 -1927
Term Expires: 07/13/09
Two year term
(The Advisory Committee is comprised of five members made up of resident
property owners and serve a two year term.)
AUGUST 2009
Conservation Easement Authority
Cordell Watt — Serves as Planning Commission Representative
Term Expires: 08/24/09
Three year term.
C9TJPk mmMeappmmnN�mostB rdCommde pptsWrdtl
Memorandum — Board of Supervisors
June 18, 2009
Page 3
John D. Gavitt
492 Chestnut Grove Road
Winchester, VA 22603
Home: (540)888 -4950
Term Expires: 08/24/09
Three year term
C. Robert Solenberger
c/o Fruit Hill Orchard
P. O. Box 2368
Winchester, VA 22604
Home: (540)662-2938
Term Expires: 08/24/09
Three year term
(The Conservation Easement Authority was established in August, 2005. The
Authority consists of seven citizen members, one member from the Board of Supervisors
and one member from the Planning Commission. Members shall be knowledgeable in
one or more of the following fields: conservation, biology, real estate and/or rural
land appraisal, accounting, farming, or forestry. Members serve a three year term and
are eligible for reappointment.)
JRR /tjp
C: �TJP mmiMB ppmmntsWAe p O..NCOmmtl pptsWr dp
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia@co.frederick.va.us
MEMORANDUM
TO: Frederick County Board of Supervisors
CC: John R. Riley, Jr., County Administrator
FROM: Roderick B. Williams, County Attorney 6 b✓
DATE: June 15, 2009
RE: Commissioner of Revenue Refund Requests
Attached, for the Board's review, are requests to authorize the Treasurer to refund the following
entities:
1. Vault/GMAC ($3,709.66);
2. Ford Motor Credit Co. ($3,740.12);
3. D L Peterson Trust ($15,617.63);
4. ARI FLEET LT ($4,644.20);
5. Ryder Truck Rental LT ($9,610.65); and
6. Financial Services Vehicles Trust ($4,429.52).
o Rode, ! &B. Williams
County Attorney
Attachments
107 North Kent Street • Winchester, Virginia 22601
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
r"illia@co.frederick.va.us
MEMORANDUM
TO:
Ellen E. Murphy, Commissioner of the Revenue
Frederick County Board of Supervisors
CC:
John R. Riley, Jr., County Administrator
FROM:
Roderick B. Williams, County Attorney
DATE:
June 15, 2009
RE:
Refund to Vault/GMAC
I am in receipt of the Commissioner's request (copy attached) dated June 11, 2009 to authorize
the Treasurer to refund Vault/GMAC the amount of $3,709.66. The refund represents the
proration of vehicles taxed for 2007, 2008, and 2009, and exoneration of some registration fees.
Vehicles were sold or moved out of the locality by this vehicle finance company. Pursuant to the
provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note
my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of
Supervisors will need to act on the request, as indicated in the Commissioner's memorandum.
de k B. Williams
County Attorney
Attachment
107 North Kent Street • Winchester, Virginia 22601
Frederick County, Virginia
NI
Ellen E. Murphy
Commissioner of the Revenue
107;Aorth Kent Street
a Winchester. VA 22601
email: emurphy(�co.frederick.va.us
Telephone (540) 665 -5681 Fax (540) 667 -6487
TO ROD WILLIAMS, COUNTY ATTORNEY 1
FREDERICK COUNTY BOARD OF SUPERVISORS
FROM: ELLEN MURPHY, COMMISSIONER OF THE REVENUE
DATE: JUNE 11, 2009 ( I �N y 1
RE: REFUND TO VAULT /GMAC
Please authorize the Treasurer to refund $3,709.66 to VAULT /GMAC. This is for prorated
vehicles for 2007, 2008 and 2009 and exoneration of some registration fees. Vehicles were sold
or moved out of the locality by this vehicle finance company.
The Commissioner's staff have verified all data and have the necessary information on this
refund. Everything appears in order. Substantiating documents are located in the
Commissioner's office and contain secure data.
Total of refund is $3,709.66.
Attachment
Date:
6/11/09
WI
Time
08:20
: 53
Customer Name: VAULT /GMAC
Register:
SOC. Sec. No.:fMMMMMMftk
Drawer:
LKH
_ Customer Transactions:
(FS= Review)
Total Transactions:
211
Deft
PP2007
Ticket No. FRD
BillDate
Charge
Penaltv Amount Paid
Balance
0052578004D 002
12/05/2007
39585
-
PP2i 08
00536320015 001
4/24/2008
517.13-
.
395.85
-
PP2008
00536320916 002
4/24/2008
517.12-
517.13
-
PP2C'O8
00536360G85 002
4/24/2008
748.65-
517.12
-
FP2009
00535080001 001
4/28/2009
402.78-
748.65
-
PP2009
00535100061 001
4/28/2009
362.68-
402'78
PP2009
00535080002 002
12105/2009
402.77-
362.68
-
PF2009
00535100062 002
12/05/2009
362.68-
402
77-
362.68-
Comment
.,.
O1d;New
Promise Date.:
/
No. of Transactions:
Total:
8 Amount to Pay:
F3 =Exit
F4= Accept Payment
F7 =Pay
Bills Separately F21= Command Line
F15 =Show
Penalty /Int
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwil lia @co.frederick.va. us
MEMORANDUM
TO:
Ellen E. Murphy, Commissioner of the Revenue
Frederick County Board of Supervisors
CC:
John R. Riley, Jr., County Administrator
FROM:
Roderick B. Williams, County Attorney
DATE:
June 15, 2009
RE:
Refund to Ford Motor Credit Co.
I am in receipt of the Commissioner's request (copy attached) dated June 11, 2009 to authorize
the Treasurer to refund Ford Motor Credit Co. the amount of $3,740.12. The refund represents
the proration of vehicles taxed for 2008 and 2009, and exoneration of some registration fees.
Vehicles were sold or moved out of the locality by this vehicle finance company. Pursuant to the
Provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note
my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of
Supervisors will need to act on the request, as indicated in the Commissioner's memorandum.
o enck ZBWlliams
County Attorney
Attachment
107 North Kent Street • Winchester, Virginia 22601
o„
Frederick County, Virginia
Ellen E. Murphy
Commissioner of the Revenue
107 North Kent Street
o a'inehester. VA 22601
email: emurphy @co.frederick.va.us
Telephone (540) 665 -5681 Fax (540) 667 -6457
TO: ROD WILLIAMS, COUNTY ATTORNEY
FREDERICK COUNTY BOARD OF SUPERVISORS
FROM ELLEN MURPHY, COMMISSIONER OF THE REVENUE
DATE: JUNE 11, 2009
RE: REFUND TO FORD MOTOR CREDIT CO.
Please authorize the Treasurer to refund $3,740.12 to Ford Motor Credit Co. This is for prorated
vehicles for 2008 and 2009 and exoneration of some registration fees. Vehicles were sold or
moved out of the locality by this vehicle finance company.
The Commissioner's staff have verified all data and have the necessary information on this
refund. Everything appears in order. Substantiating documents are located in the
Commissioner's office and contain secure data.
Total of refund is $3,740.12.
Attachment
Date:
6/11/09
Time:
08:27:23
Customer Name: FORD MOTOR
CREDIT
CO
Register:
SOC. Sec. No.: �
Drawer:
LKH
_ Customer Transactions:
(F5= Review)
Total Transactions:
211
Deet
PP2008
Ticket No FRO
00169750018
BillDate
Charee Penalty iInt Am aid
ount P
002
4/2412008
90.30
-
Balance
PP2008
00169750020 002
4/24/2008
144.11-
90.30
-
PP2008
00169750022 002
4/24/2008
210.35-
144.11
-
PF2008
00169750024 002
4/24/2008
576.03-
210.35
-
PP2009
00169900009 001
4128/2009
144.59-
576.03
-
PP20G9
00169900011 001
4/28/2009
255.76-
144.59
-
PP2J09
00169900013 001
4/28/2009
735.69-
255.76
-
PP2009
00169900015 001
4/28/2009
223.64-
735.69
-
PP2009
00169900010 002
12/05/2009
144,68-
223.64
-
Comment
..............:
144.58
-
Oltl /New
Promise Date.:
/
hlu ltiple
Pages No. of Transactions:
12
Total:
Amount to Pay:
F3-Exit
F4 Payment
F7 =Pay
Bills Separately F21= Ccmmand
F15 Penalty /Int
Line
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia @co. frederick.va.us
MEMORANDUM
TO:
Ellen E. Murphy, Commissioner of the Revenue
Frederick County Board of Supervisors
CC:
John R. Riley, Jr., County Administrator
FROM:
Roderick B. Williams, County Attorney
DATE:
June 15, 2009
RE:
Refund to D L Peterson Trust
I am in receipt of the Commissioner's request (copy attached) dated June 10, 2009 to authorize
the Treasurer to refund D L Peterson Trust the amount of $15,617.63. The refund represents the
proration of vehicles taxed for 2007 and 2008, exoneration of some registration fees, and
approximately one -third represents a correction of leased business assets taxed for personal
property. Vehicles were sold or moved out of the locality by this vehicle finance company and
the business assets were in terminated businesses or replaced under other ownership. Pursuant to
the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby
note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of
Supervisors will need to act on the request, as indicated in the Commissioner's memorandum.
derick B. illiams
County Attorney
Attachment
107 North Kent Street • Winchester, Virginia 22601
+,
Frederick County, Virginia
� Ellen E. Murphy
Commissioner of the Revenue
107 Nanh Kent Stch roet
a
Winchester, VA 22601
email: emurphy @co.frederick.va.us
Telephone (540) 665 -5681 Fax (540) 667 -6487
TO: ROD WILLIAMS, COUNTY ATTORNEY
FREDERICK COUNTY BOARD OF SUPERVISORS 1'
FROM: ELLEN MURPHY, COMMISSIONER OF THE REVENUE //
DATE: JUNE 10, 2009 G6 1 `�
RE: REFUND TO D L PETERSON TRUST -
Please authorize the Treasurer to refund $15,617.63 to D L Peterson Trust. This is for prorated
vehicles for 2007 and 2008, exoneration of some registration fees, and about 1/3 is a correction
of leased business assets taxed for personal property.. Vehicles were sold or moved out of the
locality by this vehicle finance company and the business assets were in terminated businesses or
replaced under other ownership.
The Commissioner's staff have verified all data and have the necessary information on this
refund. Everything appears in order. Substantiating documents are located in the
Commissioner's office and contain secure data.
Total of refund is $15,617.63.
Attachment
Date: 6/11/09
customer Name: D L PETERSON TRUST
Soc. Sec. No.:
-- Customer Transactions: (F5= Review)
Dept Ticket No FR(,
PP2007 03115660005 00
PF2007 00115670027 00
PP2007 00115660006 00 2
PP2007 00115670028 00 2
PP2007 00640910003 00 2
PP2008 00118210005 001
PP2008 00118210021 001
PP2008 00118210045 001
PP2008 00118210111 001
Comment.... .......
Old /New Promise Date.:
Multiple Pages No.
Time: 08:16:45
Register:
Drawer: LKH
Total Transactions: 211
_ nilluate Charge Penalty /Int Amoun
t 4/30/2007 30.89-
1 4/30/2007 457.28-
12/05/2007 185.32-
12/05/2007 457.27-
10/30/2007 29.40-
4/24/2008 151.70-
4/24/2008 167.30-
4/24/2008 374.85-
4/24/2008 41.74 -
DO NOT REFUND NEEDS BOARD APPROVAL
Total:
of Transactions: 55 Amount to Pay:
30.89 -
457.28-
185.32-
457.27-
29.40-
161 .70-
157.30-
374.85-
41.74-
S —S1 5 11 7—
F3 =Exit F4= Accept Payment F7 =Pay Bills Separately F21= Command Line
F15 =Show Penalty /Int
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia@co.frederick.va.us
MEMORANDUM
TO:
Ellen E. Murphy, Commissioner of the Revenue
Frederick County Board of Supervisors
CC:
John R. Riley, Jr., County Administrator
FROM:
Roderick B. Williams, County Attorney
DATE:
June 15, 2009
RE:
Refund to ARI FLEET LT
I am in receipt of the Commissioner's request (copy attached) dated June 11, 2009 to authorize
the Treasurer to refund ARI FLEET LT the amount of $4,644.20. The refund represents the
proration of vehicles taxed for 2007 and 2008 and exoneration of some registration fees.
Vehicles were sold or moved out of the locality by this vehicle finance company. Pursuant to
the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby
note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of
Supervisors will need to act on the request, as indicated in the Commissioner's memorandum.
o erick B. lams
County Attorney
Attachment
107 North Kent Street • Winchester, Virginia 22601
Frederick County, Virginia
Ellen E. 5furphy
Commissioner of the Revenue
107North Kent Street
Winchester, VA 22601
email: emurphy @co.frederick.va.us
Telephone (540) 6655681 Fax (54o) 667 -6487
TO: ROD WILLIAMS, COUNTY ATTORNEY
FREDERICK COUNTY BOARD OF SUPERVISORS v
FROM: ELLEN MURPHY, COMMISSIONER OF THE REVENUE
DATE: JUNE 11, 2009
RE: REFUND TO ARI FLEET LT
Please authorize the Treasurer to refund $4,64420 to ARI Fleet Lt. This is for prorated vehicles
for 2007 and 2008 and exoneration of some registration fees. Vehicles were sold or moved out
of the locality by this vehicle finance company,
The Commissioner's staff have verified all data and have the necessary information on this
refund. Everything appears in order. Substantiating documents are located in the
Commissioner's office and contain secure data.
Total of refund is $4,644.20.
Attachment
Date: 6/11/09
Time: 08:19:13
Customer Name:
ARI FLEET LT
Total
Trau sactions:
211
Customer
Transactions:
17
-- Options: 2
4= Delete S =View
Cut Cert Trans
Ticket No.
Tax Amount
Penalt /Int
_ PP2007 1
00014890021
$185
Amount Paid
- PP2007 2
0 0014890022
$555.66-
.22-
$.00
$185.22-
_ PP200 3
00014890024
$55566-
$.0G
$555.66-
_ PP2008 8 4
00015200001
$271.95-
.
$
$555.66-
_ P2008 5
00015200002
$277.95-
$.00
$271.95-
PF20G8
_ 6
00615200007
$140.00-
$.00
$271.95-
_ PP2008 7
00015200008
$168.00-
$.00
$740.00-
_ PP2008 8
00015200009
$64,58-
$.00
$168.00-
_ PP2008 9
00015200010
$193.72-
$.00
$64.68-
_ PP2008 10
00015200017
$79.10-
$.00
$193.72-
_ PP2008 11
00015200012
$237.30-
$
$79'10
_ PP2008 12
00015200028
$165.02-
$
$237.30-
$.00
$165.02
-
Multiple Pages
®" ' M
F3 =Exit F14 Map# F15 =Show Balance F18= Sort - Entered F21= CmdLine
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
r illia @co.frederick.va.us
MEMORANDUM
TO:
Ellen E. Murphy, Commissioner of the Revenue
Frederick County Board of Supervisors
CC:
John R. Riley, Jr., County Administrator
FROM:
Roderick B. Williams, County Attorney
DATE:
June 15, 2009
RE:
Refund to Ryder Truck Rental LT
I am in receipt of the Commissioner's request (copy attached) dated June 11, 2009 to authorize
the Treasurer to refund Ryder Truck Rental LT the amount of $9,610.65. The refund represents
the proration of vehicles (mostly big trucks) taxed for 2007 and 2008. Vehicles were sold or
moved out of the locality by this vehicle finance company. Pursuant to the provisions of Section
58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the
proposed action. Further pursuant to Section 58.1- 3981(A), the Board of Supervisors will need
to act on the request, as indicated in the Commissioner's memorandum.
o erick . Will s
County Attomey
Attachment
107 North Kent Street • Winchester, V 22601
Frederick County, Virginia
Ellen E. 'Murphy
Commissioner of the Bevenue
107 North Kent Street
a Winchester. VA 22601
email: emurphy@co.frederiek.va.us
Telephone (540) 665 -5681 Fax (540) 667 -6487
TO:
ROD WILLIAMS, COUNTY ATTORNEY
FREDERICK COUNTY BOARD OF SUPERVI
FROM:
ELLEN MURPHY, COMMISSIONER OF THE
DATE:
JUNE 11, 2009
RE:
REFUND TO RYDER TRUCK RENTAL LT.
Please authorize the Treasurer to refund $9,610.65 to Ryder Truck Rental LT. This is for
prorated vehicles (mostly big trucks) for 2007 and 2008. Vehicles were sold or moved out of the
locality by this vehicle finance company.
The Commissioner's staff have verified all data and have the necessary information on this
refund. Everything appears in order. Substantiating documents are located in the
Commissioner's office and contain secure data.
Total of refund is $9.610.65.
Attachment
Date: 6!11/09
Time: 08:24:16
Customer Name:
RVDER TRUCK
RENTAL LT
Total
Transactions:
211
Customer
Transactions:
20
Options: 2 =Edit
4= Delete
S =View
_
CPt Dept Trans
Ticket No
Tax Amount
Penalt /Int
Amount Paid
_ PP2007 1
00440560118
$257.60-
$.00
$257.60-
_ PP2008 2
00449810001
$241.50-
$.00
_ PP20CB 3
00449810003
$161.00-
$.00
$241.50-
_ PP2008 4
00449810007
$75.84-
$.00
$161.00-
_ PF2008 5
00449810013
$86.31-
$.00
$75.84-
_ PP2008 6
00449810017
$60.72-
$.00
$86.31-
_ PP2008 7
00449810081
$352.80-
5.00
$60.72-
_ PF2008 8
00449810097
$637.00-
$.00
$352.80-
_ PP2008 9
00449810099
$637.00-
$.00
$637.00-
_ PF2008 10
00449810101
$637.00-
$.00
$637.00-
_ PP2008 11
00449810103
$637.00-
$.00
$637.00-
_ PP2008 12
00449810109
$395.94-
$.00
$637.00-
$395.94
-
Multiple Pages
F3 - Exit F14 =Show Map#
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COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia @co. frederick.va.us
MEMORANDUM
TO:
Ellen E. Murphy, Commissioner of the Revenue
Frederick County Board of Supervisors
CC:
John R. Riley, Jr., County Administrator
FROM:
Roderick B. Williams, County Attorney
DATE:
June 15, 2009
RE:
Refund to Financial Services Vehicles Trust
I am in receipt of the Commissioner's request (copy attached) dated June 11, 2009 to authorize
the Treasurer to refund Financial Services Vehicles Trust the amount of $4,429.52. The refund
represents the proration of vehicles taxed for 2007, 2008, and 2009, and exoneration of some
registration fees. Vehicles were sold or moved out of the locality by this vehicle finance
company. pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as
amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1 -
3981(A), the Board of Supervisors will need to act on the request, as indicated in the
Commissioner's memorandum.
Roderick B. Williams
County Attorney
Attachment
107 North Kent Street • Winchester, Virginia 22601
Frederick County, Virginia
— Ellen E. Murphy
Commissioner of the Revenue AOL
107 North Kent Street
o Winchester, VA 22601
email: emurphy @co.frederick.va.us
Telephone (540) 665 -5681 Fax (540) 667 -6487
TO: ROD WILLIAMS, COUNTY ATTORNEY
FREDERICK COUNTY BOARD OF SUPERVISORS Nl�\�,NU
FROM: ELLEN MURPHY, COMMISSIONER OF THE REVENUF�"� 1`
DATE: JUNE 11, 2009 // I�I1 7
RE: REFUND TO FINANCIAL SERVICES VEHICLES TRUST
Please authorize the Treasurer to refund $4,429.52 to Financial Services Vehicles Trust. This is
for prorated vehicles for 2007, 2008 and 2009 and exoneration of some registration fees.
Vehicles were sold or moved out of the locality by this vehicle finance company.
The Commissioner's staff have verified all data and have the necessary information on this
refund. Everything appears in order. Substantiating documents are located in the
Commissioner's office and contain secure data.
Total of refund is $4,429.52.
Attachment
Date:
6/111
Time:
08:19:47
stomer Name: FINANCIAL SERVICES
Soc.
VEHICLES TRUST
Regiser:
t
••
Sec.
No.:dmmmb�
Drawer:
LKH
_ Customer
Transactions:
(FS= Review
Total
Transactions:
211
Dept
PP2007
Ticket No
0 0729220007
FRO
Billuate
Charoe Penalty iInt Amount Paid
002
PP20G8
00668220001
002
11/04/2008
770.03 -
Balance
PP2009
00044410001
001
11/04/2008
1120,14_
770.03
-
PP2009
00162710015
001
4/2812009
790.97-
1120.14
-
FP2009
0 0044410002
002
4/28/2009
12/05/2009
/
478.71-
790.97
478.71
-
PP2G09
0 0162710016
002
72/05/2009
790.96-
478,71_
790.96
-
-
478.71-
Comment ...
Old /New Promise Date.: /
No. of Transactions: g Total:
Amount to Pay:
F3 =Exit =Accept Payment F7 =Pay Bills Se aratel
P Y F21 Line
F75 =Show Penalty /Int
COUNTY of FREDERICK
Finance Department
Cheryl B. Shiffler
Director
540/665 -5610
Fax: 540/667 -0370
E -mail: cshiffle�citco.frederick.va.us
TO: Board of Supervisors
FROM: Finance Committee
DATE: June 17, 2009
SUBJECT: Finance Committee Report and Recommendations
The Finance Committee met in the First Floor Conference Room at 107 North Kent
Street on Wednesday, June 17, 2009 at 8:00 a.m. Member Charles DeHaven was absent.
Items (15) 3, 4, 5, 7, 8, 12,13 were approved on consent agenda.
1. The AARP Tax Aide Program requests an FYI General Fund supplemental
appropriation in the amount of $2,100 to continue the program of offering aide to low
income citizens. This is a jointly funded program with the City of Winchester. Local
funds are required. See attached, p. 1 — 3. The committee tabled this item pending
investigation of the availability of space in the Judicial Center at no cost.
2. The IT D requests an FY09 General Fund budget transfer in the amount of
$67,162 from operational contingencies. This amount will fund four county -wide IT
initiatives which have been approved by the IT Working Group and the IT Steering
Committee. An FYI General Fund supplemental appropriation is also requested to
carry forward the balance of these funds not spent or encumbered in FY09. See
attached, p. 4 — 6. The committee recommends approval.
3. (Iff) The Sheriff requests an FY09 General Fund supplemental appropriation in the
amount of $483.71. This amount represents the County's share in a seized asset case.
No local funds required. See attached, p. 7 — 8.
107 North Kent Street • Winchester, Virginia 22601
Finance Committee Report and Recommendations
June 17, 2009
Page 2
4. O The Sheriff requests an FY09 General Fund supplemental appropriation in the
amount of $50. This amount represents a donation received. No local funds required.
See attached, p. 9 — 10.
5. (M) The Parks & Recreation department requests an FY09 General Fund
supplemental appropriation in the amount of $6,723. This amount represents a
property claim insurance reimbursement. No local funds required. See attached
memo, P. 11.
6. The Parks & Recreation Director requests an FYI General Fund supplemental
appropriation in the amount of $68,952. This amount represents proffer funds needed
for the completion of the Greenwood Mill Elementary Community Center project.
See attached, p. 12 — 13. The committee recommends approval.
7. (Eb The Fire & Rescue Chief requests an FY09 General Fund supplemental
appropriation in the amount of $7,600 and an FY10 General Fund supplemental
appropriation in the amount of $2,500. This represents reimbursement of personnel
expenses for haz -mat training. No local funds required. See attached, p. 14 — 22.
8. (1!) The Fire & Rescue Chief requests an FY09 General Fund supplemental
appropriation in the amount of $3,701.61. This amount represents funds received
from the Newton B. Shingleton Trust for disbursement to fire companies in Frederick
County. No local funds required. See attached, p. 23 — 27.
9. The Public Safety Communications Director requests an FYI General Fund
supplemental appropriation in the amount of $266,700. This amount represents two
grants awarded by the VA Wireless E -911 Services Board: $54,100 for the purchase
of a voice recorder and logging system and $212,600 for a regional pictometry project
for which Frederick County serves as fiscal agent. No local funds required. See —
attached, p. 28 — 32. The committee recommends approval.
Finance Committee Report and Recommendations
June 17, 2009
Page 3
10. The NRADC Superintendent requests an FYI Jail Fund supplemental appropriation
in the amount of $9,513. This amount represents a carry forward of unused FY09
monies which will fund the Governor's Reduction to Aid to Localities of the Pre -
Trial Grant program. See attached, p. 33. The committee recommends approval.
11. The Assistant Commonwealth's Attorney requests an FY10 General Fund
supplemental appropriation in the amount up to $65,764 for a Domestic Violence
Prosecutor and subject to grant approval. No local funds required. See attached, p.
34 — 63. The committee recommends approval.
12. (0) The Commonwealth's Attorney's Office requests an FY09 General Fund
supplemental appropriation in the amount of $1,787.44. This amount represents
forfeited asset funds received. No local funds required. See attached, p. 64 — 65.
13. (8) The Finance D requests an FYI General Fund supplemental
appropriation in the amount of $416,040. This amount represents funds held in trust
for the construction of a community workforce center. The request for these funds
was approved by the Board of Supervisors on September 28, 2005. See attached,
p. 66 — 79.
14. The Finance Director requests dialogue with the committee on changes to financial
information provided to the committee. The committee recommends continuation of
distribution of monthly financial statements and a detailed explanation of the contents
at a future committee meeting. No action is required.
15. A representative from Robinson, Farmer, Cox Associates will discuss the upcoming
audit and receive direction from the committee. Staff will excuse themselves from
the meeting for these conversations. The committee recommends authorizing the
Chairman of the Finance Committee to sign the engagement letter.
Finance Committee Report and Recommendations
June 17, 2009
Page 4
Respectfully submitted,
FINANCE COMMITTEE
Bill M. Ewing
Richard Shickle
Stephen SWiger
Ron Hottle
Richie Wilkins
Cheryl B. Shi er, Finance Director
1`7!'1I1I"
FOUNDATION
Helen Sperry — Local Coordinator for the AARP Tax Aide program _-
606 Old Fort Road, Winchester VA 22601
Telephone: 540- 722 -8185, e-mail: Hgspeny @verizon.net -
Mr. John Riley, County Administrator
107 N Kent Street
Winchester VA 22601
Dear Mr. Riley
On behalf of the AARP Tax Aide Program, I would like to extend to you our sincere
thanks and grateful appreciation for enabling us to work at the War Memorial Building in
Tun Barrett park this past tax season. It was another successful tax season, we served just
under 1600 people.
We are now looking forward to the next tax season that begins the first of January
2010. Brad Veach has expressed his willingness to have us return next year if we can get
Frederick County and the City of Winchester to give us the same financial backing as this
year. He has offered to let us use the Arts and Crafts room at the WMB Monday through
Friday from Sam to 5pm. I have not discussed the rate for the coming year with him.
As you know this is a much needed service for our low income citizens. They
appreciate our help and truly need our services.
Again thank you very much for your past help and hopefully firtme help.
S n
el
Tuesday, Sperry
Tusday, May 12, 2009
Cc: Brad Veach
Brannon Godfrey
Jim Frenier, Dist 7 Coordinator, AARP Tax Aide
4-ow- =40 5w4- OW -038
A Tax -Aide i p ,. of the A Fowdation, offered Inconjnrxtion with the M.
601 EStreet. NW W. gt DC 20049 14W 4= Web adds :wwwaa[p.oig/taxaide
Giftsa t dedu - ble under applicable law.
AARP Foundation
601 E Street, NW
Washington, DC 20049
FOUNDATION i- 800-775 -6776
TTY 1 -877- 434 -7598
w .aaroorg /foundation
Helen Sperry — Local Coordinator for District 7 VA for HARP Tax Aide Program
606 Old Fort Road, Winchester VA 22601
Telephone: 540 -722 -8185, e-mail: Hgsperry@verizon.net
Brannon Godfrey
City Manager
15 N Cameron St
Winchester VA 22601
Dear Brannon
On behalf of the AARP Tax Aide Program, I would like to extend to you our sincere
and grateful appreciation for enabling us to work at the War Memorial Building in Jim
Barrett Park this past tax season. It was another successful tax season, we served just
under 1600 people.
We enjoyed working with the staff at the War Memorial Building.
We are now looking forward to the next tax season that begins the first of January
2010. Brad Veach has expressed his willingness to have us return next year if we can get
the City of Winchester and Frederick County to give us the same financial backing as this
year. He has offered to let us use the Arts and Crafts room at the WMB Monday through
Friday from 8AM to 5PM. I have not discussed the rate for the coming year with him.
As you know this is a much needed service for our low income citizens. They are very
thankful for our help and truly need our services.
Again thank you very much for your past help and hopefully future help.
Sincerely,
Helen Sperry
Tuesday, May 12, 2009
Cc: Brad Veach
John Riley
Jim Frenier, Dist 7 Coordinator, AARP Tax Aide
Nelda Barnett, Board Chair
HEALTH/ FINANCES / CONNECTING / GIVING / ENJOYING Robin Talbert, Executive Director
AAA
Helen Sperry — Local Coordinator for the AARP Tax Aide Program
606 Old Fort Road
Winchester VA 22601
Telephone: 540- 722 -8185, e mail:Hgspeny @verizon.net
Mr. Brad Veach
Director Winchester Parks and Recreation
1001 E Cork Street
Winchester VA 22601
CARP Foundation
601 E Street, NW
Washington, DC 20049
1- 800 - 7756776
TTY 1- 877 - 434 -7598
w -aarp.org /foundation
On behalf of the AARP Tax Aide Program, I would like to extend to you our sincere
and grateful appreciation for providing the AARP Tax Aide Program with a work site the
last 3 years during the tax season. We have had 3 very good years at the WMB. We
ended the season with just under 1600 assists.
You and the staff have been very accommodating in every way. It has been a pleasure
to work with everyone.
We provide a much needed service for the low income members of our community, an d
we hope that the City of Winchester and Frederick County will continue to provide us
with the financial backing that we need to continue this service. I am enclosing copies of
the letters that I am mailing to Brannon Godfrey, City Manager, and John Riley,
Frederick County Administrator.
As you know I have asked Lisa to save from January 1 through April 22, 2010,
Monday through Friday, 8am to 5pm m the Arts and Crafts Room for us, pending
financial assistance from the city and the county.
Sincerely
Helen Sperry
May 12, 2009
Cc: Brannon Godfrey, Winchester City Manager
John Riley, Frederick County Commissioner
Jim Frenier, Dist 7 Coordinator, AARP Tax Aide
Or , Nelda Barnett, Board Chair FCTt - -'_' ' '' "' "'- Robin Talbert, Executive Director
-3-
COUNTY OF FREDERICK, V IRGINIA
INFORMATION TECHNOLOGIES
Phone: 540.665.5614
FAX: 540.722.2169
TO: Frederick County Finance Committee
THROUGH: John R. Riley, Jr., Frederick County Administrator
Frederick County Steering Committee, Chairman
FROM: Marcus D. Lemasters, IT Director
Frederick County IT Working Group, Chairman
SUBJECT: Request transfer of funding for specialized Enterprise IT projects
DATE: May 27, 2009
The IT Working Group (ITWG) is requesting a general fund budget transfer in the amount of
$67,162 from Operational Contingencies (4- 010 - 093010 -5890- 000 -0 to support four specialized
enterprise initiatives that IT has been asked to accomplish. These initiatives are services to be
provided county -wide over the County's electronic network that are not single department task
specific. At the IT Working Group meeting, held on April 21, 2009, the group voted by unanimous
consent to support and recommend procurement of funding for these projects.
In a meeting held May 27 the IT Steering Committee reviewed and discussed the recommendations
of the ITW G. The consensus of the Committee was to endorse the request for the budget transfer.
Subsequent communications confirmed an agreement to include the Records Management Edition
software for Laserfiche as part of this request.
I - EXCHANGE E-MAIL SERVICES:
A budget transfer in the amount of $21,431 is requested for Exchange E -mail Services, from
Operational Contingences to IT line item (4- 010 - 012200 -5413- 000 -000), Other Operating Supplies.
Fire & Rescue - 120 licenses of Exchange CALs, Server CALs, Scanmail $ 9,518
Sheriffs Office - 130 licenses of Exchange CALs, Server CALs, Scanmail 10,311
PSC— 20 licenses of Exchange CALs, Server CALs, Scanmail 1,602
The Commonwealth of Virginia has mandated that e -mail to a nd from government agencies must be
retained for public record. Currently, the e -mail services provided by the School Board do not
107 North Kent Street, Winchester, Virginia 22601
-9-
05 /27 /09ITWG Budget Transfer Request .... Page 2
provide for the archiving of e -mail an d the County's current usage is overwhelming Schools staff
capabilities and time. Initially, the Exchange Email Services were onlyplam d for the offices at the
Kent Street complex. Since that time, outlying agencies at the Public Safety Building and the
Regional Jail have requested to be included in this project.
2 - DATA SECURITY AND ENCRYPTION:
A budget transfer in the amount of $11,331 is requested for Data Security and Encryption, from
Operational Contingences to IT line item ( 01 0 - 012200 - 5413 -000 -000), Other Operating Supplies.
North Kent Complex — Simple Platform Manager— 149 identities S 940
PSB - Simple Platform Manager— 499 identities 1,875
Secured eFile enterprise — 315 licenses 6,342
1 year Software Maintenance and Tech Support contract 2,174
Several of the County's departments use personal identity information files or PIIs for the storage of
mission critical data such as driver's license numbers, social security numbers, banking account
numbers and credit card numbers. There are specific state mandates that cover breaches of this
information, notification to citizens in the event of a breach, and the consequences of not doing so.
In order to provide the security necessary for the retention, use, or transmission of these files and
data, data servers and computers must be seemed by encryption. Through a system ofpasswords an d
coding, files are protected from prying eyes.
Servers already in place on the County's network would manage shared licensing to allow staff
access to PH files by user authentication and file encryption.
3 - SOFTWARE COMPLIANCE:
A budget transfer in the amount of $21,600 is requested for Software Compliance, from Operational
Contingences to IT line item ( 010- 012200 -5413- 000 -000), Other Operating Supplies.
25 Licenses of MS Office Pro 2007 ($313 ea.) $ 7,825
50 Licenses of MS Office Std 2007 ($242 ea.) 12,100
5 Licenses of MS Office Pro 2007 Upgrade ($115 ea.) 575
20 Licenses of Outlook 2007 ($55 ea.) 1,100
In the course of migrating the Kent Street complex users to Active Directory, staff performs a
software E- Discovery. Specialized software searches out computers connected to the network. Then
it lists all of the computer's installed software, the product IDs, and the software license keys.
Unless a software license is part of a Corporate or Volume contract, each software most have its own
separate key. Through the E- Discovery, IT has found software loaded and being used that may not
necessarily comply with software licensing requirements.
-5-
05/27/09 ITW G Budget Transfer Request .... Page 3
Because time is of the essence and a complete E- Discovery will not be completed for several months,
IT staff used existing discoveries to calculate a 30% attrition rate on Microsoft licensing for the 12
departments stationed at the North Kent Street complex. In an effort to mitigate the software
deficiency and prevent loss of staff time and efficiency, software must be purchased to meet
compliance of software licensing requirements before removing problem software.
4 - LASERFICIIE RECORDS MANAGEMENT:
Abridger transfer in the amount of $12,800 is requested for Laserfiche Records Management Edition
(RME) module, from Operational Contingences to IT line item (4 -010- 012200 -5413- 000 -000), Other
Operating Supplies.
RME Module MS SQL software $ 6,000
RM2 Annual Maintenance 1,200
Professional Services — installation and configuration, security setup 5,600
In 2007, an effort to move toward a paperless environment was initiated. Frederick County
contracted with Unity Business Systems (UBS) to have a document imaging system installed in nine
Frederick County Departments. The Library of Virginia publishes standards that Virginia
governments are expected to follow when managing their records. In the initial procurement, the
importance of having a Records Management component was not realized, planned for, or
purchased.
Records Management is defined as the "field of management responsible for the efficient and
systematic control of the creation, receipt, maintenance, use and disposition of records serving as
evidence of an organizations business activities ".
The RME would provide the County with the capability to manage retention of these records in
accordance with the Library of Virginia's standards utilizing the Laserfiche Document Management
software the County currently has in place.
_L_
*10601110,t County She ep$ %
ROBERT T. WILLIAMSON 4 MAJOR R. C. ECKMAN
Sheriff �"' ChiefDepury
1080 Coverstone Drive
Winchester, Virginia 22602
(540) 662 -6168
Fax(540)504 -6400
TO : Finance Department �,'o
rJ` OV Z
3-010 - 624 FROM : Sheriff R- T. Williamson I O OC`45
SUBJECT : Forfeiture/Seized Asset Check
DATE : April 27, 2009
Attached please find a check from the City of Winchester in the amount of $483.71.
This amount represents Frederick County Sheriff s Office's share in a seized asset case.
We are requesting this amount be appropriated into our operating budget line of 3102 - 5413 -07
(State Forfeitures)
Thank you.
RTW /asw
-I-
of w'"cy WINCHESTER POLICE DEPARTMENT
F SPECIAL INVESTIGATIONS UNIT
V
yRGIC�
Sheriff Robert Williamson
Frederick County Sheriffs Office
1080 Coverstone Drive
Winchester, VA 22602
Dear Sheriff Williamson,
Enclosed is a check in the amount of $483.71 which is the Frederick County
Sheriffs office's share of the seized assets from the Thomas Orndorff case.
The Task Force assisted West Virginia State Police on this case and received 20
percent of the seizure.
Please give me a call at (540) 545 -4709 if you have any questions.
Sincerely,
Marcia Lynch
Intelligence Analyst
Winchester Police Department
Enclosure
231 East Piccadilly Street, Suite 310 • Winchester, Virginia 22 601 -5 013
SID Office (540) 5454709 FAX WPD Dispatch (540) 662-4131
F� -CW County Sheriffs$ o
_ e
ROBERT T. WILLIAMSON x -/
ff „C MAJOR ie R. C. ECKMAN
Sheri putt'
Chief Deputy
1080 Coverstone Drive
Winchester, Virginia 22602
(540) 662-6168
Fax(540)504 -6400
TO : Finance Department
FROM : Sheriff R. T. Williamson io `-'t \
SUBJECT : Donation f 0 qD _ OW
l.� lAJifO
DATE : April 27, 2009 C-5. 5-
Attached please find a check in the amount of $50.00. This represents a donation from an
individual that our department assisted during a traffic accident.
We are requesting this amount be appropriated into our operating budget of 3102 - 5409 -00,
Police Supplies.
Thank you,
RTW /asw
- Gj
712 Ross AVe.
Front Royal, VA 22630
April 12, 2009
Frederick County Sheriff's Department
1080 Coverstone Drive
Winchester, VA 22602
Dear Ladies and Gentlemen:
Yesterday, April 11 about noon, I had an accident on 522 south of Winchester
in the long S- curve, 'a red Altima. The car is likely destroyed, but I am not hurt.
I want to thank you for your help, kindness and efficiency. The only name I have
of the officers is Deputy Gosmell, so I want to thank him particularly. There was
also a young woman deputy, but I did not see her name.
It is reassuring to have dedicated people like You when *_here is trouble, and
I want you to know how much I appreciate it.
The check is a small contribution for wherever you want it to go.
I apologize for the smudge at the top of the letter: my cat stepped on it
before I put it into the envelope.
Sincerely yours,
Charles D. Hamner, III
- ID-
j MEMO
J
To: Finance Department npy
From: Matthew G. Holt I
Sub' t Ins
Parks and Recreation Department
James M. Doran, Director
540- 665 -5678
FAX: 540- 665 -9687
w ww.co.frederick.va.us
e -mail: fcprd @co.frederick.va.us
Sable
. urance Reunbursement I f-'0
Date: April 21, 2009 Un
5-010-
c s. H -a - 7-09
I would like to request that funds received for insurance reimbursement ($6,723.00) for the
property claim dated April 3, 2009 involving the backstop at Field 98 at Sherando Park be
appropriated to 4 - 010 - 071100- 3004 - 000 -003.
If you should have any question please contact me.
MGH/kcd
Fy ul rgcta R mAdR
ICtm
107 North Kent Street
Winchester, VA 22601
Parks and Recreation Departn
James M. Doran, Director
540- 665 -5678
FAX: 540- 665 -9687
www.co.frederick.va.us
e -mail: fcprd @co.frederick.va.us
MEMO
To: Finance Committee - - -
From: Jason Robertson, Interim Direct
Parks and Recreation
Subj: Proffer Funds
Date: May 4, 2009
The Frederick County Parks and Recreation Commission is requesting $ 68,952 in Parks
and Recreation proffer funds to complete the Greenwood Mill Elementary Community
Center project. The funds would be used for equipment and items needed to open the
center.
Included in the $ 68,952 are; $ 43,695 for fitness equipment; $ 10,047 for multi- purpose
room fumiture and equipment; $ 11,000 for gymnasium equipment; $ 1,750 for office
equipment; $ 1,345 for an AED; and $ 1,115 for an outdoor sign.
Development in the immediate area necessitated the construction of the Greenwood
Elementary School, a 2007 Frederick County Capital Improvement Plan (CIP) item.
Included in the school was the co- location of the Greenwood Mill Elementary
Community Center which addresses the needs gap for Community Centers identified in
the 2007 Comprehensive Plan. The total cost of the Greenwood Mill Community Center
as requested is $ 179,171.
The Sovereign Village, Briarwood, Lynnhaven, and Twin Lakes communities have
contributed to the Frederick County Recreation proffer fund and will be served by this
community center.
Please feel free to contact me in advance with any questions you may have regarding this
request at (540) 665 -5678.
Saar - 't�p MC, W, u noE. b� o2GlAa2ecl gun Q
-� a-
107 North Kent Street
Winchester, VA 22601
Frederick County
Cash Proffer Policy
As approved by the Board of Supervisors on January 28, 2009.
Proffered fimds received by Frederick County will be held for the use specified by the proffer
language. In the case of funds proffered to offset impacts to fire and rescue services, in the
absence of other proffered specifications, the funds will be earmarked for the first due company in
the area of the subject rezoning at the time the Proffered funds are received All proffered funds will
be collected, held, and will accumulate until such time as a capital project funding request is
received from a qualifying County department, agency, or volunteer fire and rescue company.
Qualifying agency or departmental requests to access proffered funds shall be submitted to
the County's Finance Department for processing. In order to qualify as a capital project the
following criteria must be met:
1) the item or project must have a minimum value offive thousand dollars (55, 000),
and,
2) the item/project must have an anticipated useful life of at least five (5) years
The Finance Department will forward requests to the Finance Committee for a recommendation to
the Board of Supervisors on the appropriateness of the use of proffered funds for the requested
purpose. To assist the Finance Committee and Board in their deliberations requests to utilize
proffered funds should include the following: 1) the amount of funds requested, 2) the total
project cost, 3)a detailed description of the desired capital project or purchase including a
discussion of how recent or anticipated development contributes to the need for the expenditure,
and, 4) indicate whether or not the item or project is listed on the County's Capital Improvements
Plan (CIP).
In order to comply with State Code §15.2 -2 -2298 (A) the Planning staff, working in conjunction
with the County Attorney, will attempt to insure that cash proffers associated with future rezonings
are appropriately addressed through inclusion of relevant capital projects in the County's CIP prior
to acceptance of the proffered funds.
For the purpose of determining whether a projector item is appropriate for individual listing on
the CIP only, a threshold value of $100,000 and useful life of at least five year shall be utilized.
(This would not preclude the purchase of capital items valued at less than $100,000 utilizing
proffered funds, where other relevant criteria are met and procedures followed.)
CDUCIRAEMSAIA SETTMGSJ(TIERNEY�I.CCgL Sk GS \TEIdpORMV ATERNEI FRES! CUMEYFOV "fLOpK�X55pVY694DOpTEO PROFFER POLICY I!B 09 ppE%
_13_
COUNTY OF FREDERICK, VIRGINIA
FIRE AND RESCUE DEPARTMEN
1080 Coverstone Drive
Winchester, VA 22602
Department ntChie MEMORANDUM
Department Chief
TO: Cheryl Shilfler, Director
Finance Department
FROM: Timothy L. Welsh, Chief��'�y ,
Fire and Rescue Department
SUBJECT: Request For Supplemental Appropriation
DATE: May 6, 2009
Frederick County Fire and Rescue in conjunction with the City of Winchester are
presently nearing completion of a four day hazardous materials training exercise which
has been sponsored through a federal grant with the City of Winchester being the fiscal —
agent. On average there has been one day of training per month for the Haz Mat Team
members with the exception of April. The month of May will complete the grant
sponsored training exercise.
The County, under grant guidelines is required to submit an invoice to the City of
Winchester outlining our personnel expenses for reimbursement through the grant.
Attached you will find our first three invoices for training completed thus far. We
� anticipate our fourth invoice to be approximately $2,500.00 to cover the cost of the fourth
training day. With three days of training completed, it is necessary to request a
supplemental appropriation at this time in the amount of $10,100.00 to assist in covering
the cost of overtime expense incurred thus far. This appropriation will allow us to cover
the cost of overtime for the remainder of the fiscal year as well. These funds should be
placed in the department overtime line item 3505- 1005 -000. It is understood that
reimbursement for this expense will be forth coming from the City of Winchester in the
very near future as reimbursement through the grant program.
If you have any questions or need additional information, please do not hesitate to contact
TLW:jIc U
Attachment: (3) 1 �� �1q
Cc: File -- �1 'l(\VO)CPd n
— H—
Office (540) 665 -5618 twelsh @co.frederick.va.us Fax (540) 678 -4739
G� cpG
_ County of Frederick
C Paula A. Nofeinger
Director of Human Resources
(540) 665 -5668
Fax: (540) 665 -5669
pnofsmg@co. frederick.va. us
April 29, 2009
The County of Frederick, Virginia is requesting reimbursement in the amount of $2,561.32 for Hazardous
Materials Training that was held on January 34, 2009. The information attached outlines the details of this
figure.
Frederick County Fire and Rescue employees work a 200 hour schedule in twenty -eight (28) days for their annual
base salary. Then, these employees are compensated at a straight time rate for hours that are worked from 201
through 212 in a 28 -day timeframe. Any additional hours that are worked above the 212 hour threshold in a 28-
day cycle are then compensated at an overtime rate of time and one half.
Pease do not hesitate to contact me if you have any questions.
c ,
Paula Nofsinger
Director of Human Resources
107 North Kent Streel • Winchester, Virginia 22601
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County of Frederick
Paula A. Nofsinger
Director of Human Resources
(540) 665 -5668
Fax: (540) 665-5669
Pnofsm9@co.fredenck.va.us
April 29, 2009
The County of Frederick, Virginia is requesting reimbursement in the amount of $2,596.26 for Hazardous
Materials Training that was held on February 18, 2009. The information attached outlines the details of this
figure.
Frederick County Fire and Rescue employees work a 20D hourschedule in twenty-eight (28) days for their annual
base salary. Then, these employees are compensated at a straight time rate for hours that are worked from 201
through 212 in a 28 -day timeframe. Any additional hours that are worked above the 212 hour threshold in a 28-
day cycle are then compensated at an overtime rate of time and one half.
Pease do not hesitate to contact me if you have any questions.
� Sid err �elly),�I/�/p //'' /pI) / /( /l�,f/l��r�
u / Y J '� �
Paula Nofsinger UU
Director of Human Resources
107 North Kent Street • Winchester, Virginia 22601
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County of Frederick
Paula A. Nofsinger
Director of Human Resources
(540) 665 -5668
Fax: (540) 665-5669
pnofsingQco. frederick_v,. us
April 29, 2009
The County of Frederick, Virginia is requesting reimbursement in the amount of $2,442.72 for Hazardous
Materials Training that was held on March 11, 2009. The information attached outlines the details of this figure.
Frederick County Fire and Rescue employees work a 200 hour schedule in twenty-eight (28) days for their annual
base salary. Then, these employees are compensated at a straight time rate for hours that are worked from 201
through 212 in a 28 -day timeframe. Any additional hours that are worked above the 212 hour threshold in a 28-
day cycle are then compensated at an overtime rate of time and one half.
Pease do not hesitate to contact me if you have any questions.
— incerely,
�� C'V'O
Paula Nofsinger
Director of Human Resources
107 North Kent Street • Winchester, Virginia 22601
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County of Frederick
Od Paula A. Nofsinger
q ^ � t /7 Director of Human Resources
1 � - � ) V (540) 665 -5666
Fax: (540) 665 -5669
pn ofsin9 @co.frederick.va. us
June 8, 2D09
The County of Frederick, Virginia is requesting reimbursement in the amount of $2,879.08 for Hazardous
Materials Training that was held on May 27, 2009. The information attached outlines the details of this figure.
Frederick County Fire and Rescue employees work a 200 hour schedule in twenty -eight (28) days for their annual
base salary. Then, these employees are compensated at a straight time rate for hours that are worked from 201
through 212 in a 28 -day timeframe. Any additional hours that are worked above the 212 hour threshold in a 28-
day cycle are then compensated at an overtime rate of time and one half.
Pease do not hesitate to contact me if you have any questions.
5\ncerely,
7U Nofs {�
Paula Nofsinge U
Director of Human Resources
107 North Kent Street • Winchester, Virginia 22601
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COUNTY OF FREDERICK, VIRGINIA
I \�(�) �t,��� %/ FIRE AND RESCUE DEPARTMENT
w 1080 Coveistone Drive
Winchester, VA 22602
Timothy L.Welsh
Department Chief
MEMORANDUM
TO: Sharon Kibler, Asst. Director
Finance Department
FROM: Timothy L. Welsh, Chief 'ns�J
Frederick County Fire and Rescue
SUBJECT: Newton B. Shingleton Trust
DATE: May 11, 2009
The County of Frederick is in receipt of grant funds from the Newton B. Shingleton
Trust. I have attached a copy of the letter and check received from Wachovia Trust
which provides guidelines for the use of said funds. The check in the amount of
$3,701.61 is to be distributed equally between the current fire companies in Frederick
County. As we discussed this date, please deposit the attached check #51097091 into
revenue code 1034 (3- 010- 18990- 0005). CaSh 5heOr r 5_cS - Cq
I also request a supplemental appropriation of said funds into the Fire Company Budget
(3202) so these funds may be paid out equally to the eleven fire companies in Frederick
County. Individual checks in the amount of $336.51 each should be issued. Please issue
these checks through the established line items in the fire company budget.
If you have any questions, please do not hesitate to contact me. Thank you for your
assistance in this matter.
/jlc
cc: Christine Franchok, Vol. Coorindator
File
Office (540) 665 -5618 twelsh @co.frederick.va.us Fax (540) 6784739
Vdathovia Bank. N k
VA7515
Post office Box 14061
Roanoke, VA 24038
Far 540 5637059
800 9457798
SP IN WACHOVIATRUST
im
May 1, 2009
Mr. C, William Omdorff, Jr.
Commissioner of the Revenue
Frederick County
107 Kent Street
Winchester, VA 22601
RE: NTTewton B. Shingleton Trust (the "Foundation")
Wachovia Account #50136689
Dear Mr. Omdorff:
On behalf of the above - referenced Foundation, I am pleased to enclose a grant in the
amount of $3,701.61 for existing volunteer fire departments serving Frederick County.
This grant is to be used exclusively for public purposes to support equally the then
existing volunteer fire departments serving Frederick. The grant is subject to your
organization's agreement to the following terms:
A. EXEMPT STATUS Because the Foundation is classified as a private
foundation, we must ensure that each grantee organization is exempt from income
tax under Internal Revenue Code Section 501(c)(3) and is classified as a public
charity under Section 509(a)(1), (2) or (3). Based on the information available to
us, your organization appears to satisfy this condition by virtue of its status as a
governmental unit. An authorized representative of your organization must
immediately notify us of any change in your organization's tax- exempt status or
organizational/operational changes that could lead to an alteration in its status.
B. RESTRICTED PURPOSES These funds must be used entirely for the
purposes described above and may not be applied toward any activity inconsistent
with the charitable purposes described in Internal Revenue Code Sections
501(c)(3) and 170(c)(2)(B). Under no circumstances may any portion of the
funds be used to carry on propaganda or otherwise attempt to influence legislation
or the outcome of any specific public election or to carry on, directly or indirectly,
any voter registration drive. We retain the right to monitor and conduct an
evaluation of the use of these funds (by site visit or otherwise), discuss the grant
with your personnel, and review financial records and other documentation
relating to the activities financed by this grant.
C. REPAYMENT OBLIGATION Any funds not expended or committed for the
authorized purposes of the grant most be returned to the Foundation.
9,aoo8 � a�i—
Newrc n B. Shingleton Trust
Gram Letter to Frederick County
%lay 1, 2009
Page 2 of 3
D. NO PRIVATE INUREMENT This grant is a charitable contribution from the
Foundation to be applied toward the purposes specified herein. No goods,
services, or other private benefit may be provided by your organization (or
accepted by any person) in exchange for this grant. The grant is made on behalf
of the Foundation and not by or on behalf of any other entity or person. The grant
is not being made in satisfaction of any pledge made by any person or entity other
than the Foundation itself, if applicable.
Your organization's deposit, negotiation or endorsement of the enclosed check will
constitute its agreement to the terms and conditions set forth above. However, for our
files, please have the enclosed copy of this letter reviewed and signed where indicated by
an authorized representative of your organization and then returned to me in the enclosed
self - addressed stamped envelope. Please do not hesitate to contact me with any questions
or concerns.
Best regards,
U , r. IL
James K. Dill
Vice President
On behalf of Wachovia Bank, National Association, as Trustee of the Newton B.
Shingleton Trust
Enclosures
IRS CIRCULAR 230 NOTICE: Neither this document nor any attachment hereto is a
"covered opinion" as defined by Circular 230. This document is limited to federal tax
issues addressed herein and additional issues may exist that would affect the federal tax
treatment of any transaction discussed herein. This document (including any attachment)
was not intended or written to be used —and cannot be used or relied upon —for the
purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting,
marketing or recommending to another party any transaction or matter addressed herein.
93 ws _a5—
Ne«1on B. Shingkton Trust
Grant Letter to Frederick County
May 1. 2009
Page 3 of 3
ACKNOWLEDGEMENT OF RECEIPT & CONSENT TO TERMS:
On behalf of Frederick County, I understand and agree to the foregoing terms and
conditions of the above - referenced grant from Frederick County, and hereby certify my
authority to execute this agreement on behalf of said organization. I further certify that
Frederick County is exempt from income tax under Internal Revenue Code Section
501(c)(3) and is further classified as a public charity under Section 509(a)(1), (2) or (3). 1
understand that Sections 501(c)(3) and 509(a)(1) together encompass, among other
things, certain tax exempt religious organizations, governmental units, and schools
described in Section 170(b)(1)(A) which are not required to obtain determination letters
from the Internal Revenue Service.
I further certify that these funds were used towards volunteer fire companies in
the County of Frederick.
Signature
Name (please type or print)
Title
Date:
3
REG 1097091
Account NEWTON B SHINGLETON TRUST WACHOVIA BANK, NA 8 REG 5
Name: HAROLD SPURLING, CO- TRUSTEES UNDER THE WILL OF NEWTON
SHINGLETON DTO 3/27/81 BR 204
Account 5013568911 CF- VIRGINIA
Number:
Date
04/29/09
FREDERICK COUNTY Rarnft" Arncunt
000417 ATTN: C. WILLIAM ORNDORFF, JR. Income Pradpw
COMMISIONER OF REVENUE $ -- - 3,701,61 $ -0.00
107 KENT STREET
WINCHESTER, VA 22501
For. CHARITABLE CONTRIBUTION
2008 FIXED DISTRIBUTION
FBO TO BE DIVIDED EQUALLY
BETWEEN CURRENT FIRE COMPANIES
U° A 1 IN FREDERICK COUNTY
PLEASE FOLD AND DETACH AT PERFORATION BEFORE PRESENTING FOR PAYMENT
WAMOVTA W21 91097,991
WACHOVIA BANK, NA
CHARLOTTE. NC 252NLtl6t
t-08 &2162308
Data
04/29/09
Account No. Amount
5013669911 SHINGLETON TUN $ """'3,701.61
Pay: Three Thousand Seven Hundred One DOLLARS AND Sixty -One CENTS
TD TM FREDERICK COUNTY
ON
Oft
oFF ��Q
Authorized Signature
COUNTY of FREDERICK, VIRGINIA
DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS
5 North Kent Street, Winchester, VA 22601
LeeAnna Pyles
Director
TO: Finance Committee /�
FROM: LeeAnna Pyles, Director �` (�b,.-..�� P
Public Safety Communications
DATE: May 19, 2009
REF: June Committee Agenda
I would like be placed on the Finance Committee's Consent Agenda for the June meeting for grant
appropriations for the Department of Public Safety Communications. A grant in the amount of $ 54,100 will
be used to purchase a new voice recorder and logging system from the Virginia Wireless E -911 Service Board.
the second grant, in the amount of $ 212,600 is for a regional project with Pictometry. There is no match for
either grant.
If you have any questions please call me at your convenience.
�E h.U'L) (&R►i kQ A,ri" ✓tG lR (Ad'
bk wwup .
- a %-
( 1 )
Afshael M. Cline
Chairman
VDEM
RobinP A"Im Jr.
Vice -Chairman
caiwr
David d. Von Moll
Treasurer
Compnoller
Linda A Caere
Mecklenburg Counts
ChlefEd Frankenstein
Prince Gcoege Coup,
Captain John Furlough
viruunia Stale Police
Tmp Him -,,
Clm of Hvnpron
Phlllp Heins
Harmer Count,
Robert La,man
>T @T
Robert I McA,.,
\TELOS
Chief Ron Mastin
Hum, Co.,,,
Sheriff Fred Neuman
IN ashunon Comm,
Par B. Shumate
Roanoke Count,
Denise B. Smith
Charles Cut, Count
COMMONWEALTH of VIRGINIA
Virginia Wireless E -911 Services Board
April 28, 2009
Ms. LeeAmle Pyles, Director
Frederick County PSCC
1080 Coverstone Drive
Winchester, Virginia 22602
Dear Ms. Pyles:
This letter is in reference to your grant application for consideration under
the FYI PSAP Grant Program.
Frederick County PSCC requested grant funding for a voice recorder and
logging system. I am pleased to advise you that the Virginia Wireless E-
911 Services Board has approved your request. You have been awarded
$54,100. Also, please be advised that this award does not require a match
of local funds.
Funding for this grant award will be available after July 1, 2009.
However, in accordance with stricter controls and regulatory oversight
being deployed throughout the Commonwealth of Virginia, the E -911
Wireless Services Board has identified guidelines for requesting draw
down against this grant award that differ from previous grant award years.
The attached Public Safety Grant Payment Request Form must be
completed in its entirety and submitted electronically to the contact
identified on the form. A cost schedule or final vendor quote that
substantiates the amount requested must he attached to the request form.
Dorodrr Spears -Dean
PSC Coordinator
(13W)41662e1
Lemuel C Sle,,ni Jr If there are changes to your initial budget summary submitted during the
VITA application process, submit it with the request (NOTE: Your grant
Albert F. V aromt award will not change as a result of budgetary changes.) Supporting
vbemia Dept, of documentation may be submitted electronically. Once the project is
Emerisme" Manysmem complete, you will need to close out the grant award for the period
awarded.
Commonwealth Enterprise Solutions Center— 117 =1 Meadowville Lane — Chester. Virginia 23836
(866) 482 -3911 —FAX (804) 416-6353 —TTY USERS TDD 4711— www.va9l Lore
Frederick County PSCC
April 28, 2009
Page Two
Congmtulations on your grant award! If you have any questions, please do not hesitate to
contact me or your Regional Coordinator.
Sincerely,
Dorothy A. Spears -Dean
PSC Coordinator
( 1)
Michael M. Cline
Chat mu
FDEM
Robin R'. N - ohz ]r.
Fiee- Cltaitman
NerlZOn
Da.iJ A. %An Moll
Treasurer
Campvoller
Linda w Case
MecLleram. Covet,
Chief Ed Fra kensteia
Pence George C., m
Captain John Fml.huh
Virairm State Mire
Trac. Hanger
Cn. tfHampton
Philip Heins
nano.er C,tem,
Robin Layman
AT &T
Robert L. M,A.o,
NTELOS
Chief Ron Maaio
Faiffn, teat,
Sheriff Fred ticuman
N afiinmon cmam,
NIB Shumate
RaamdkeCounh
Denise BSmith
Chatle, Cih Cni m.
COMMONWEALTH of VIRGINIA
Virginia Wireless E -911 Services Board
April 28, 2009
Ms. LeeAnne Pyles, Director
Frederick County PSCC
1080 Coverstone Drive
Winchester, Virginia 22602
Dear Ms. Pyles:
This letter is in reference to your grant application for consideration under
the FYI PSAP Grant Program.
Frederick County PSCC, Warren County and Winchester Fire/Rescue
Communications requested grant funding for pictometry. I am pleased to
advise you that the Virginia Wireless E -911 Services Board has approved
your request. You have been awarded $212,660. Also, please be advised
that this award does not require a match of local funds.
Funding for this grant award will be available after July 1, 2009.
However, in accordance with stricter controls and regulatory oversight
being deployed throughout the Commonwealth of Virginia, the E -911
Wireless Services Board has identified guidelines for requesting draw
down against this grant award that differ from previous grant award years.
The attached Public Safety Grant Payment Request Form must be
completed in its entirety and submitted electronically to th contact
identified on the form. A cost schedule or final vendor quote that
substantiates the amount requested most be attached to the request form.
Wroth. Spears -Wan
PSC Coordinator
t804 1 41e-e1-01
Femuel C. Stevan. it If there are changes to your initial budget summary submitted during th
VITA application process, submit it with the request. (NOTE: Your grant
Albert F. Vmeem award will not change as a result of budgetary changes.) Supporting
% m nia Wrt of documentation maybe submitted electronically. nce the ro ) ect is
Emereeie, Maneeement y' P
complete, you will need to close out the grant award for the period
awarded.
Commonwealth Enterprise Solutions Center — 11751 Meadowville Lane— Chester, Virginia 23836
(866) 482-3911 —FAX (804) 4166353 —TTY USERS TDD 4711— www.va9l Lore
Frederick County PSCC
April 28, 2009
Page Two
Congratulations on your grant award! If you have any questions, please do not hesitate to
contact me or your Regional Coordinator.
Sincerely,
Dorothy A. Spears -Dean
PSC Coordinator
Northwestern Regional Adult Detention Center
Bruce R. Conover - Superintendent .t6RN Rg
S6 0 1 141 Fort Collier Road, Winchester, VA 22603
(540) 665 -6374 (540) 665 -1615 FAX
K � �
O >
Z h
MEMORANDUM
To: Ms. Cheryl Shiffler, Director of Finance
From: Bruce R. Conover, Superintende
Date: May 21, 2009
Subject: Carry Forward Funds
Request that $20,000.00 in Overtime expenditure code #11- 3301 - 1005 -000, be carried
forward into FYI to accommodate the payment for the last holiday in FY09 on May 25,
2009.
Also request $9,513.00 in Part Time expenditure code 411- 3301 - 1007 -000, be carried
forward into FY 10, applied to expenditure code 411- 3301 -5413 -001 Grant Refund, to
fund the Governor's Reduction to Aid to Localities for the Pre Trial Grant from FY 09.
Thank you for your prompt attention to this matter.
Ca Fwd-0 /,
-33
"serving the Crimtuat Justice System Since 1991^
Com monwealth of Virgi
COUNTY OF FREDERICK
GLENN R. WILLIAMSON
Commonwealth s Avomey
ROSS P. SPICER
Deputy Cummonwealth'S AMmey
ANDREW M. ROBBINS
Assistant Commonwealth's Attorney
/ a
1
�
o:
J G
e
C. TODD GILBERT
Assisant Commonwealth's Aaomey
ERIC W. HEFLIN
Investigator
MELISSA D. RICE
Vidim/Witness Director -665 -6369
DENNIS J. MCLOUGHLIN, JR.
Asslsmnt Commonwealh's Attomey OFFICE OF THE
COMMONWEALTH'S ATTORNEY
107 NORTH KENT STREET WINCHESTER, V1RGImA 22601
(540) 665 -6383 FAX(540)667 -3454
May 15, 2009
VIA HAND DELIVERY
Cheryl Shifiler, Finance Director
Frederick County Administration
107 N. Kent St., 3d Floor
Winchester, VA 22601
RE: V -STOP Stimulus Grant
Dear Cheryl:
Pursuant to your instructions, attached is a copy of grant- related materials. We
mailed this application/proposal to the Department of Criminal Justice Services today.
Should someone from my office simply appear for the Finance Committee meeting on
June 17 at 8:00 a.m.? If I do not hear anything further from you, I will assume that is the
next step. If you need anything further from me before then, please advise.
Very ly ours,
Dertru `J..
Assistant Commonwealth's Attorney
Enclosures
-N-
COPY
_ Grant Application Attachment IA
Department of Criminal Justice Services, 1100 Bank Street, Richmond, Virginia 23219
Grant Program:
VSTOP Recovery Act DUNS Number: 069372647
CCR Number. AGGRUU
Applicant:
Frederick County
Jurisdiction(,)
Frederick County, Midtlletown, Stephens City
Served:
Program Title:
Domestic Violence Prosecutor
t Type Period:
July 1, 2009 to December 31, 2010
of Applicant:
❑�, Enforcement Agency []Non-Pmfrt Victim Services Agency
X ❑Prosecutor's Office mcrei c
uother, please specify
Name: I Mr . Ross P. Spicer I Mr. John R. Rilev. Jr.
107
trn
Maximize the likelihood that female victims of domestic violence will exercise the self- determination to
end abusive relationship and participate in the criminal prosecution of their abusers. Be responsible for
raising the public's and law enforcemerit's awareness of the growing problems of domestic violence in
Frederick County,
10 1 $ � $65,764.10
'vus: 565,764.10 $x }JOCKXXXXXXXX $65,764.10
Grand Total: $ 65,764.10
-35_ DCJS -1 -0198
2 Consultants (Including Travel and Subsistence)
a. Individual Consultants
Attachment
IB, Qaqe i
DCJS1-0492
xxxxxxx
Type: XXXXXXX
BU ITEMIZED
Hours Devoted: XXXXXXX XXXXXXX
b. organizations and AUOCladons
1. Personnel /Employees
T e: XXXXXXX XXXXXXX
lon
Mnual
Salary Rata
Noun
Devoted
FEDERAL
STATE
CASH
IN -KIND
• XXXXXXX XXXXXXX
estic
nce
$40,666
1040
$40,666
XXXXXXX
Number of Da s: XXXXXXX XXXXXXX
$40,666
ecutor
T OTAL XXXXXXX XXXXXXX
• • XXXXXXX XXXXXXX
estic
M
520,334
520
$20,334
XXXXXXX
$1.579
$1,579
$20,334
ence
XXXXXXX
$2,340
$2,340
ecutor
XXXXXXX
XXXXXXX
$2,040
$2,040
a Subsistence days X _per day
XXXXXXX
XXXXXXX
XXXXXXX
d. Air or other fares
XXXXXXX
w�
vvvvvvv
e= nm
T OTAL
5611, 000
XXXXXXX
XXXXXXX
$61,000
b. Fringe nenalits
FICA % =7.65
$4
X%)OODCX
54.65650
Retirement =
)0000cc"
XXXXXXX
Other (itemize) Wor¢man's COMP.
$97.60
XXXXXXX
$97.60
•
$4,764.10
XXXXXXX
$4,764.10
• •
585,764.10
XXXXXXX
$65.764.10
2 Consultants (Including Travel and Subsistence)
a. Individual Consultants
xxxxxxx
Type: XXXXXXX
Hours Devoted: XXXXXXX XXXXXXX
• XXXXXXX )ODCXXXX
b. organizations and AUOCladons
T e: XXXXXXX XXXXXXX
Fee: XXXXXXX XXXXXXX
Time Devoted: XXXXXXX XXXXXXX
• XXXXXXX XXXXXXX
e. Consultants' Subsistence and Travel
Number of Da s: XXXXXXX XXXXXXX
Re Da : XXXXXXX
T OTAL XXXXXXX XXXXXXX
• • XXXXXXX XXXXXXX
3. Travel and Subsistence for Pro act Personnel
XXXXXXX
$1.579
$1,579
a. Local Mileage_ X_ per mile XXXXXXX
XXXXXXX
$2,340
$2,340
b. Non -local Miles _ X _ P ermile
XXXXXXX
XXXXXXX
$2,040
$2,040
a Subsistence days X _per day
XXXXXXX
XXXXXXX
XXXXXXX
d. Air or other fares
-
w�
vvvvvvv
e= nm
ac n=n
• ai
_
w rc
-- I TYPa naae auan Unit Prles ,u ,
— ,!;I
Personnel
TBA, Domestic Violence Prosecutor
Benefits
$3,388.89/mth x 18= $61,000.00
Total Personnel Request $61,000.00
FICA (Wages x 7.65 ° %) $ 4,666.50
Workers Compensation (Gross Wage divided by 100 x.16)
97.60
Total Benefits Request $4,764.10
Total Request $65,764.10
The Domestic Violence Prosecutors duties and vision:
The Frederick County Commonwealth's Attorney's Office envisions using the V -Stop prosecutor
to maximize the likelihood that female victims of domestic violence will exercise the self -
determination to end abusive relationships and participate in the criminal prosecution of their
abusers. The V -Stop prosecutor will also be responsible for raising the public's and law
enforcement's awareness of the growing problems of domestic violence in Frederick County.
In addition to prosecuting all domestic violence cases involving female victims, the V -Stop
prosecutor will be the Commonwealth's Attorney's liaison with the Domestic Violence
Coalition, which is an association of organizations committed to addressing the unique issues
that arise in the domestic violence arena. The organizations that currently make up the DVC
include Frederick County and Winchester Department of Social Services, members of the
Winchester Police Dept. and the Frederick County Sheriff's Office, the local domestic violence
shelter and the Winchester Commonwealth's Attorney's Office. Because of staffing constraints,
the Frederick County Commonwealth's Attorney's Office's ability to participate regularly in DVC
has been severely limited.
The V -Stop prosecutor will also be responsible for conducting periodic training at the Frederick
County Sheriffs Office. The need for such training is especially acute because of the frequency
of domestic violence service calls that the Sheriffs Office must respond to daily. The particular
areas of training will include determining a primary aggressor, methods of memorializing
-�70
testimony and physical evidence observed at the scene, issues of spousal privilege, and
apprising victims of domestic violence of the law of protective orders.
In addition to appearing on behalf of the Commonwealth to prosecute domestic violence cases,
the Office also intends to require the V -Stop prosecutor to appear at protective order hearings
when available. Although the prosecutor is not a party to such proceedings, he or she can be
available to assist the victim /petitioner as may be appropriate. These proceedings also often
prove to be very useful in gathering evidence that may be used in the later domestic violence
prosecution, including statements against interest made by the respondents at the hearings.
Finally, the Commonwealth's Attorney intends to have the V -Stop prosecutor appear at
community events and schools, as opportunities arise, to educate the public about domestic
violence and the resources that are available in the area to help victims.
This request is for a new position.
Recruitment and Hiring Process:
Frederick County lists all job opportunities at the following venues:
• County Government website
• County Government bulletin board
• County offices
• Via Virginia Employment Commission
• Local Newspapers
• Winchester Start
• Northern Virginia Daily
It is vital to Frederick County that we maintain a staff that is reflective of our county's
demographics and diversity. We are an Equal Opportunity Employer. We do not discriminate
on the basis of race, gender, ethnicity, national original, age, disability, religion, sexual
orientation or gender identity.
Consistently Frederick County fills vacant or new positions within six weeks of the initial job
announcement. We do not anticipate this will change for this position.
In -Kind Match
-39'
Travel
1,579
Local Mileage (within county) $.585 /mile x 150 miles x 18 months
Non -Local Mileage (within state) $.585 /mile x 500 miles x 8 trips
2,340
Hotel $150 /night x 30 nights $1,500
Meals $45.00 /day x 12 days $ 540
Equipment
Computer with Monitor $2,040
Projector and Screen (for presentations) $1,709
supplies and Other
CLE Hours Required $1,000
Training Registration 4 x 250 $1,000
Phone, Internet and Conference Calls $95.00 /month x 18 months $ 800
Postage $1,710
Office Supplies $35 /month x 18 months $ 630
Parking ($30 x 18) - $ 540
Printing Resources $ 710
Software $ SW
Total in -Kind Match: $16,598.00
Organization Charge (Attached)
Timeline (Attached)
Cooperative Agreement (Attached)
Case Load (Statistics Attached):
Domestic Violence cases against women have increased tremendously in the past few years.
Statistics from the Juvenile and Domestic Relations Court are attached, along with statistics
gathered by one of our local high schools as a class project.
y�)-
Attachment II
I Goal:
To hire an attorney who will focus on prosecuting cases involving crimes against
women arising within the jurisdiction of the Juvenile and Domestic Relations
Court.
Objective 1:
The attorney will be responsible for independently prosecuting all cases having
female victims at the hands of either a family or household member. The
attorney will also fulfill related duties that will further the Frederick County
Commonwealth's Attorneys Office's commitment to servicing female victims of
domestic violence.
The attorney will appear in Juvenile and Domestic Relations Court on behalf of
the Commonwealth in any case involving a female victim of crime, including
assaults and battery, stalking, harassment and others. The attorney will also
handle appeals to the Circuit Court of any case handled by the attorney in J &DR
Court. The attorney will also appear at protective order hearings, when available
and provide any services or advice as may be appropriate to female petitioners.
Further, the attorney will represent the Commonwealth's Attorney's Office at
meetings of the Domestic Violence Coalition, an association of organizations
committed to addressing the unique issues that arise in the domestic violence
arena. Finally, the attorney will provide periodic training to law enforcement
regarding domestic violence.
Deliverables:
,a„1-1 IY inaienals. urerature regarding services available to female victims of
domestic violence. Statistics regarding number of cases handled by prosecutor.
FRINGE BENEFITS — FY 2009 -2010
or, t
elra.
All wages less than $106,800, the FICA rate is 7.659L For wages paid in excess of $106,800,
use the following calculation:
6.2% on first (106,800
1.45% on whole salary
WORM'S COMPENSATION
For Poll -time and part -time employees. Include gross wages, overtime and incentive pay in
calculation.
Finance me -.16
Example: Cross wage divided by 100 x.16 — Annual cost
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Stalks for Oon"Alc Assault and Battery
2008 There were 264 charges In Frederick County.
Thera were 31 Juveniles and 233 adult charges.
2008 There were 233 charges In Winchester.
There were 12 Juveniles and 221 adult charges.
2007 There were 226 charges in Frederick County.
There were 21 Juveniles and 205 adult charges.
2007 There were 222 charges in Winchester.
There were 6 juveniles and 216 adult charges
2006 There were 216 charges In Frederick County.
There were 13 Juveniles and 203 adult charges.
2006 There were 282 charges in Winchester.
There were 8 Juveniles and 274 adult charges.
2005 There were 218 charges In Frederick County.
There were 11 Juveniles and 207 adult charges
2005 There were 272 charges in Winchester.
There were 12 juveniles and 260 adult charges.
2004 There were 205 charges In Frederick County.
There were 9 Juveniles and 196 adult charges,
2004 There were 268 charges in Winchester.
There were 9 Juveniles and 259 adult charges.
2003 There were 235 charges in Frederick County.
There were 9 Juveniles and 226 adult charges.
1003 There were 181 charges in Winchester.
There were 7 Juveniles and 174 adult charges.
2002 There were 204 charges In Frederick county.
There were 5 Juveniles and 199 adult charges.
2002 There were 191 charges in Winchester.
There were 3 Juveniles and 188 adult charges.
2001 There were 192 charges in Frederick County.
There were no juvenile charges and 192 adult charges.
2001 There were 167 charges in Winchester.
There were no juvenile charges and 167 adult charges.
2000 There were 178 charges in Frederick County.
There were no juvenile charges and 178 adult charges.
1000 There were 242 charges In Winchester.
There was 1 juvenile and 241 adult charges.
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_-1-I
All parties signed the attached Cooperative Agreement, but the wording on
in the body of the Agreement anticipated the hiring of a full -time prosecutor.
This Office has since modified its grant proposal such that we are requesting
a part-time prosecutor, however there was not time to have parties re -sign
the agreement. we will contact the signatories to the agreement, and if
anyone wishes to remove their name as a result of the change to a part-time
request, we will notify DCJS.
- 5z)-
COOPERATIVE AGREEMENT TO DEMONSTRATE SUPPORT FOR
V -STOP STIMULUS GRANT
Frederick County Commonwealth's Attorney Office
Frederick County Sheriff's Office
Frederick County victfm/Witness program
Forensic Norse Examiner Program, Winchester Medical Center
The Laurel Center
Winchester Frederick County Court Services Unit
The Frederick County Commonwealth's Attorney's Office, Frederick County
Sheriffs Office, Frederick County Victim/Witness Program, Frederick County FNE
Program/Hospital, The Laurel Center, and the Winchester Frederick County Court
Services Unit enter into this Cooperative Agreement to demonstrate a cooperative,
collaborative commitment to pursue funding to support the establishment of a full -time
attorney position within the Office of the Frederick County Commonwealth's Attomey
that would focus on violence against women. Commitment is acknowledged by the
signature below of each agency's representative.
While the Frederick County Commonwealth's Attorney's Office agreed to take
responsibility for writing the proposal, all partners under the proposed grant were
consulted in the development of its goals and objectives.
Partners under the proposed grant agree to support this initiative in the following
ways:
The Frederick County Commonwealth's Attorney's Office agrees to recruit and
hire an attorney to coordinate the grant's activities and reporting requirements.
Coordinating the grant's activities will include the following;
• prosecute criminal cases involving violence against women;
• appear at civil protective order hearings to assist the victim /p
as appropriate;
• be the liaison between the Office of the Commonwealth's Attorney
and the Domestic Violence Coalition;
• work with groups, including the Laurel Center, to maximize the
likelihood that female victim's of domestic violence will exercise the
self - determination to end abusive relationships and participate in the
criminal prosecution of their abusers;
appear at community events and schools to educate the public about
violence against women and the resources available to combat this
problem; and
• conduct periodic training at the Frederick County Sheriff's Office.
-51-
• The Frederick County Commonwealth's Attorney's Office agrees to wntinw
work in collaboration with each of the signatories to this Cooperative Agreement
to ensue the sueeeasful implementation of the grant's goals and objectives _
• Each other Partner agrees to participate, as aPP Wtirta Per their respective roles
and responsibilities, in the implementation of the grant's goals and objectives.
This agreement is contingent upon the receipt of Recovery Act V -STOP funding by
the Frederick County Commonwealth's Attorney's Office to conduct this project. If
fundng is received, this agreement will be in effect July 1, 2009 through December 31,
2010.
� . y amended as mutually agtad upon by all parties and n
.✓Y..,r cLOs -�.s«✓
IemR. Wiliamw4
Fi County th's Attorney
S Robert Williamson —y Dart
. County Sheriff
S i� Oq
issa Rice
Director. Fredericks Coup
VictimMitumprogram _
Cindy Leahy Date
Formuc Norm Exa te ar Program Coordinator
Winchester Medical Center
Diana Fulchiron Data
Sexual Assault Program Coordinator
The Laurel Center
Rod Jones, Director Date
Winchester Frederick County Court Services Unit
- 5a-
• swot re cwick CammmwmM'a Attorney's Oisoe aXmm to commw
w.it3 each of the sijaymiae b C
to
• Each ensure wm �Cl�anftlm ofthe Vacs W ahjaativs��
and teapot bllitlp�� m Fsst+ctp■ o n o fthc p a %Per Sa ab d kgsed .
mtpleaseatayn of the Vat1 Val. a d objectives
This aVeamant is tit
the Fred i k upon *9 receipt of Recovery Act VSTOF ilmdi� by
erc Comty Commonsraahh'4 Attorney's Office to tousle" this Pw.wL If
fundi in received. this aVamest will be In sffcd July 1, 2009 thr ovio V 31,
2010.
This aµ+e®out may be ans"ded u muttully aVeed opal by all paryu a in onitinS
Oletm R Wx�llamwq 13aq. .
Frederick County Comrnansreahb'9 Attorney Date
ShenffRobert Wipiamson
Frederick County Shoriwa Office Da b
Melissa Rica
Dbmw, Frudmick County Dote
Vicommmess ProVam
Forams: Nu m Esammer Ftugam Comdmamr t
Winchester Medical Capty
Dona Carpenter, MSW Dab
Executive Direotar,
The Laurel Center
Rod Donee, Director
Date
Wimhearar Frederick Cou Court Servicq Unit
- 53-
o'e MIU990►St b AKUo y wsoMOauue d e9>9 eo vt Amw
• The Frederick County Commonwealth's Attorney's Office agrees to continue
work in coUdroratlon with cant of the sigaetodes to this Coopemb" Agreement
to arwre the succeufbi implsetatbdort of the g<aut's gods wd objectives
• Each other pa. _ agree to participate, u appropriate Per rhea respective role
wd tespoodblliti0. in ON implemambm of the warres goals sad objectives.
Ibis agtemneet is eomiegumt upon dm recdpt orRecovery Ace V-STOP finding by
the Fm krkk County Commonwealth's Atbmsy's Office to eondea Ibis Pmj=L If
Ilmding is raeavad, ride agreement will be in st&ct Judy 1.2009 ftougb Deoembar 31,
2010.
This agrermmr may be aoranded w mutually agreed upon by dl parties and to weting,
Olam R Wil =mk Esq. Does
Frederick County Commonwaltb's Attorney
ShaittRob a Willi ®son Dm
Frederick County Shan r $ Office
Milieu ]lice Dab
Director. Frederick Cures M
V3edm/Wibsee Prowan
Ch*l,ahy Dam
Forasic Nam Examiner Program Coordinator
x'jnebesoer Madkal Center
9
Dome Carp®tar, MS W DW
Executive Director,
The Loral Canter
Rod Joust, Director Date
Winchester Frederick Coutdy Court Smviees Unit
C.d vgmgml b Aeuxpy yewraeunuop dBZM 60 CL Asn
- 5A-
. • no Fredarick County Commmwcalth'I Attomey's OMr agte
work in collaboration with each of me signatories to this .8 Sro Y tt to confines
o ,6,,
to acute the ruceYat{tl �Ptouation of tba
Y
pat ow patlapaes, Per t and • and respondbilitieaa� t imFl®mtahaa of 's Pr oNatieg
especti o tivY.
Two asrmmmd is Contingent IWM
d3* F tadsslckCountyCom manwWfhlA Act V•STOFAmdwgby
z fbtding is received thin agteamem will hea tul�yal 2 conduat ehia ptolsot If WO t6roogh December 3l,
Tea apeement may be amended as mnnypy+grad upon by an partiae and in writing.,
Olcao R. Williamaag, B", _
Frcdaick County Commonwealth's Attorney Daq
ShadffRobert Williatoson
Fiedalek County Sheriffs OSes D m
MaliYa Rice
Dkutw, Fmdmick County Dap's
VICWVV 'tum Frogram .
Cindy I.Yby
Forandc Nam MadicEYmint Fmgn , CootdioUM
Genres
D1Na I�tichimn
Sctual AYtukRrogram Coordinator
Tha f od ones N' bestk County Coot Savices Unil
. - i_.I.....I
D4
Due
S /
-515-
Attachment V
GENERAL GRANT CONDITIONS AND ASSURANCES
The applicant gives assurances and certifies with respect to the grant for which it is
applying that it will comply with the following requirements in the event that the grant is
awarded:
I . The applicant will comply with all applicable provisions of the Violence Against
Women Act of 2005, and the Department of Criminal Justice Services (DCJS)
Program Guidelines and Application Procedure Manual for Grants and the Active
Program Guide for Applicants.
2. For tribal, territorial, State or local prosecution, law enforcement, and courts
applicants only. The applicant assures that they have consulted with tribal,
territorial, State, or local victim service programs during the course of developing
their grant applications in order to ensure that proposed services, activities and
equipment acquisitions are designed to promote the safety, confidentiality, and
economic independence of victims of domestic violence, sexual assault, stalking, and
dating violence.
3. For law enforcement and prosecution applicants only. The applicant certifies that
their policies and/or practices will not require a victim of sexual assault to participate
in the criminal justice system or cooperate with law enforcement in order to be
provided with a forensic medical exam, reimbursement for charges incurred on
account of such an exam, or both.
4. For law enforcement and prosecution applicants only. The applicant certifies that
their policies and/or practices will ensure that no law enforcement officer,
prosecuting officer or other government official shall ask or require an adult, youth,
or child victim of an alleged sex offense as defined under Federal, tribal, State,
territorial, or local law to submit to a polygraph examination or other truth telling
device as a condition for proceeding with the investigation of such an offense; the
refusal of a victim to submit to such an examination shall not prevent the
investigation, charging, or prosecution of the offense.
5. For private and public non profits victims services applicants only. The applicant
assures that confidentiality policies are in place prohibiting the agency from 1)
disclosing any personally identifying information or individual information collected
in connection with services requested, utilized, or denied through their programs,
unless ordered to do so by subpoena, and 2) revealing individual client information
without the informed, written, reasonably time - limited consent of the client.
6. The applicant assures that fund accounting, auditing, monitoring, and such evaluation
procedures as may be necessary to keep such records as the Department of Criminal
Assurances Page I of
V -STOP 08 -09
Attachment V
Justice Services shall prescribe shall be provided to assure fiscal control, proper
management, and efficient disbursement of funds received under this grant.
7. REPORTS: The applicant agrees to submit such reports as the DCJS shall reasonably
request. Financial and progress reports shall be submitted, via GM1S,
five days following the close of each quarter, to the DCJS on
S. INSPECTION AND AUDIT The
audit -- r A-12 agrees to comply with the organizati
requirements of OMB Circular A -128, , "Audits of State and Local
Governments." In conjunction with the beginning date of the award, the audit report
period of the government entity to be audited under the single audit requirement is
start-date of the project through the end -date of the the project as noted on the Statement
of Grant Award/AccepUnce. The audit report shall be submitted no later than one (1)
Year from the end -date of the grant award as stated on the Statement of Grant
Award/Acceptance, and for each audit cycle thereafter covering the entire award
period as originally approved or amended. The management letter must be submitted
with the audit report. A copy of all audits must be forwarded to the DCJS.
9. The applicant will comply, where applicable, with the following:
a National Env"omnent Policy Act (28 CFR 61)
b. Flood Plain Management and Wedend Protection Procedures (28 CFR 63)
c. National Historic Preservation Act (16 USC 470)
d. Uniform Relocation Assistance and Real Property Acquisitions Policies Act of
1970. (28 CFR 52)
e. Clean Air Act, P. L. 88 -206, 42 USC 1857, et�se .
f. Safe Drinking Water Act, P. L. 93-523,42 USC 3001, et sea
9. Endangered Species Act of 1973, P. L. 93- 205,16 USC 1531, et. sea
h. Wild and Scenic Rivers Act, P. L. 90-542,16 USC 1271, et. se ,
i. Fish and Wildlife Coordination Act, P. L. 85 -624, 16 USC 661, et�sea.
j. Historical and Archaeological Data Preservation Act, P. L. 93 -291, 16 USC 2469,
et. sec
k. Coastal Zone Management Act of 1979, P. L. 92 -583, 16 USC 1451, et sec and
the Coastal Barrier Resources Act of 1982 (P.L. 97 -348)
I. Animal Welfare Act of 1970, P. L. 91 -579, 7 USC 2131, et�eo
in. Impoundment Control Act of 1974, P. L. 93 -344, 31 USC 1401, et�ee
n. The Fair Labor Standards Act, if applicable.
10. POLITICA�VITY, The restrictions of the Hatch Act, Pub. L. 93 -433, 5 USC
Chapter 111, (as amended), concerning the political activity ofgovemment employees
are applicable to applicant staff members and other state and local government
employees whose principal employment is in connection with activities financed, in
Assurances Page 2 of 6
V -STOP OS -09
- 5-7-
Attachment V
whole or in part, by grants. Under a 1975 amendment to the Hatch Act, such state
and local government employees may take an active part in political management and
campaigns except they may not be candidates for office.
11. DISCRIMINATION PROHIBITED No person shall, on the grounds of race,
religion, color, national origin, sex, or handicap be excluded from participation in, be
denied the benefits or be otherwise subjected to discrimination under or denied
employment in connection with, grants awarded pursuant to the Justice Assistance
Act of 1984, and the implementing regulations 28 CFR Part 42, Subparts C, D, E,
and G, or any project, program, activity, or subgram supported or benefiting from the
grant The applicant must comply with the provisions and requirements of Title VI of
the Civil Rights Act of 1964 and its implementing regulations 28 CFR 4 1. 101 et. sea ..
The applicant must further comply with Section 504 of the Rehabilitation Act of
1973, as amended, and its implementing regulations; the Age Discrimination Act of
1973, as amended, and its implementing regulations and Title IX of the Education
Amendments of 1972; Title IT of the Americans with Disabilities Act (ADA)(1990);
(42 USC. 12131 -12134 & 28 CFR 35)
12. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM The applicant certifies that
it has executed and has on file, an Equal Employment Opportunity Program which
conforms with.the provisions of 28 CFR Section 42.301, eL seq., Subpart E, or that in
conformity with the foregoing regulation, no Equal Employment Opportunity
Program is required.
An applicant organization having 50 or more employees and receiving amounts of
5500,000 or more, or grants which in the aggregate exceed $500,000 or more, in any
fiscal year must submit a copy of its Equal Employment Opportunity Plan (EEOP) to
the DCJS for review. For continuation grant funding that exceeds this amount in any
fiscal year, the applicant must submit a statistical update from the previous years plan.
13. The applicant assures that in the event a federal or state court or federal or state
administrative agency makes a finding of discrimination after a dare process hearing
on the grounds of race, color, religion, national origin or sex against a recipient of
funds, the recipient will forward a copy of the finding to the DCJS.
14. RELEASE OF INFORMATION All records, papers and other documents kept by
recipients of DCJS funds, and their contractors, relating to the receipt and disposition
of such funds, are required to be made available to the DCJS. These records and
other documents submitted to DCJS and its applicants pursuant to other provisions of
the Act, including plans and application for funds, are required to be made available
to DCJS under the terms and conditions of the Federal Freedom of Information Act, 5
USC 552.
15. INFORMATION SYSTEMS With respect to programs related to criminal justice
information systems, the applicant agrees to comply with the provisions of 28 CFR,
Assurances Page 3 of 6
V -STOP 08 -09
- 5�-
Attachment V
Part 20 governing the protection of the individual privacy and the insurance of the
integrity and accuracy of data collection. The applicant further agrees:
a. That all computer programs (software) developed with funds provided by this
grant will be made available to the DCJS for transfer to authorized users in the
criminal justice community without cost other than that directly associated with
the transfer. The software will be documented in sufficient detail to enable
Potential users to adapt the system, or portions thereof; to usage on a computer of
similar size and configuration.
b. To provide a complete copy of the c omputer Programs and documentation, upon
request, to the DCJS. The documentation will include but not be limited to
forms, flee description, instruction, program maintenance instructions, input
moons report o ''�0. Program listings, ow and fl
system and programs, charts for the
c. That whenever possible all application programs will be written in standardized
on gem operating es (i.e., ANSI, COBOL, FORTRAN, BASIC, etc) for use
on at least three different (�, DO
computers and utilized
configuration.
d. To avail itself, to the maximum extent possible, of computer software already
produced and available without charge. The Department of Criminal Justice
Services should be contacted to determine availability of software prior to any
development effort
16. CONFIDENTIALITY OF RFSEA CH 2 UATTnu
tden n individual, which was obtain
ad rho o ed rho Research information
ugh a Pro fund whlly or
Part with DCJS and/or VA WA grant funds, shall remain confidential and copies of in
such information shall be immune fr om legal Process, and shall not, without the
consent of the Person furnishing such information, be admitted ed idence or used
as evidence for any Purpose in any action, suit, or other judicial or admittas Proceeding (28
CFR Part 22).
17. CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES: The applicant
agrees to be in compliance with all Policies as expressed under the Code of Federal
Regulations, 28 CFR 23, concerning the operation of criminal intelligence systems
supported with grant funds.
S. COPYRIGHT Except as otherwise provided in the conditions of the award, the
author is free to arrange for copyright without approval when publication or similar
materials are developed from work under a DCJS supported project. Any such
copyright materials shall be subject to the DCJS's right to reproduce them, translate
them, publish them, use and dispose of them, and to authorize others to do so for
Assurances Page 4 of 6
V -STOP 08 -09
_,q_
Attachment V
government purposes. In addition, communications in primary scientific or
professional journals publishing initial reports or research or other activities and
supported in whole or in part by the DCJS project funds may be copyrighted by the .
journal with the understanding that individuals are authorized to make or have made
by any means available to them, without regard to the copyright of the journal, and
without royalty, a single copy of any such article for their own use. Copyrights
developed by state employees during work hours, or within the scope of their
employment, or when using state -owned or state - controlled facilities, vest in the
Commonwealth.
19. PATENTS If any discovery or invention arises or is developed in course of or as a
result of work performed under this grant, the applicant shall refer the discovery or
invention to DCJS. The applicant hereby agrees that determination of rights to
inventions made under this grant shall be made by the DCJS or its duly authorized
official representative, who shall have the sole and exclusive powers to determine
whether or not and where patent application should be filed and to determine the
disposition of all rights in such inventions, including tide which may issue thereon.
The determination of the DCJS, or its duly authorized representative shall be accepted
as final. In addition, the applicant hereby agrees and otherwise recognizes that the
DCJS shall acquire at least an irrevocable non- exclusive royalty-free license to
practice and have practiced throughout the world for governmental purposes any
invention [Wade in the course of or under this grant The grant shall include
provisions appropriate of effectuating the purpose of this condition in all contract of
employment, consultant's agreements, or contracts.
20. The applicant assures that funds made available under this grant will not be used to
supplant state or local funds, but will be used to increase the amounts of such funds
that would be, in the absence of these funds, made available for V -STOP purposes.
21. Confidential expenditures for services, evidence and/or information must comply with
the requirements stated in the Administrative Guide and Application Procedures
Manual, Chapter 5, entitled Confidential Funds.
22. BID MEDICAL EXPERIMENTATION The applicant assures that no grant funds
will be used for any bio-medical or behavior control experimentation on individuals
or any research involving such experimentation.
23. Any publications (written, visual or sound) whether published at the recipients or the
governments expense shall contain the following statements:
This project was supported in whole or part by V -STOP grant no.
awarded by the Virginia Department of Criminal Justices Services (DCJS) from funds
authorized by the federal Violence Against Women Act and awarded to Virginia by
the U.S. Department of Justice. Opinions or points of view expressed do not
necessarily represent those of DCJS or the Justice Department.
Assurances Page 5 of 6
V -STOP 08 -09
- 0—
Attachment V
The opinions, findings, conclusions or recommendations expressed are those of the
authors and do not necessarily reflect the views of DCJS or the U.S. Department of
Justice.
Authorized ci
Date
attachiv.doc
Assurances Page 6 of 6
V -STOP 08.09
-W-
fanaCmucra I
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also
review the instructions for certification included in the regulations before completing this form Signature ofthis form provides for compliance with
certification requirements under 28 CFR Part 69. "New Restriction's on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and
Suspension (Non - procurement) and Govemmenbwide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a
material representation of fact upon which reliance will be placed when the Department of)ustice deleraines to award the covered transaction, grant,
or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented a 28 CFR Part 69, for persons entering into a grantor
cooperative agreement over $100,000 as defined at 28 CFR Part 69,
the applicant certifies that;
(a) No Federal appropriated funds have been paid or will be paid, by
or on behalf of the undersigned, to any person for influencing or
attempting to influence an otAcer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the making of
any Federal grant, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment. or
modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal grant or
cooperative agreement, the undersigned shall complete and submit
Standard Fomt- LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions:
(c) The undersigned shall require that the language ofthis
certification be included in the award documents for all mbawards at
all tiers (including subgrants, contracts under grants and cooperative
agreementsl and subcontracts) and that all subrecipients shall certify
and disclose accordingly.
(C) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (Igb) of
this certification; and
(d) Have not within a three -year period preceding this application had
one or more public transactions (Federal, State, or ]Deal) terminated
for cause or default; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the drag -Free Workplace Act of 1988, and
implemented at 28 CFR Parts 67, Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620 - -- _
A. The applicant certifies that it will or will continue to provide a
drag -free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use ofa
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and Implemented at 28 CFR Part 67, for prospective
participants in primary covered transactions, as defined at 28 CFR
Pan 67, Section 67.510
A. The applicant certifies that it and its principals:
(a) Are not presently debared, suspended, proposed for debarment,
declared ineligible, sentenced to a denial of Federal benefits by a
.State or Federal court, or voluntarily excluded from covered
transacnons by any Federal department or agency.
(b) Ilave not within a three -year period preceding this application
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State, m local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embevlemcnt, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(b) Establishing an on -going drug -free awareness program to inform
employees about --
(1) The dangers of drug abuse in the workplace:
(2) The grantee's policy of maintaining a drug -free workplace
(3) Any available dmg counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace:
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will - -- -
- (Pa -
( I ) Abide by the terms of the statement; and
(2) Notify the employer in writing of his . conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees most provide notice, including position title, to:
Department of Justice. Office of Justice Programs , ATTN: Control
Desk, 633 Indiana Avenue, NW., Washington. D.C. 20531. Notice
shall include the identification number(s) ofeach affected grant;
(0 Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any
employee Who is so convicted—
(1) Taking appropriate personnel action against such an employee, act
to and including termination. consistent with the requirements ofthe
Rehabilitation Act of 1973, M stranded; ar
(2) Requiring Such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
Purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency:
(g) Making a good faith effort to continue to maintain a drug free
workplace through implementation of paragraphs (a), (b), (c), (d), (e),
and (f).
B. The grantee may insert in the space provided below the sites) for
the performance of work done in connection with the specific grant:
Place of Performance (Sheet address, city county, state, zip code)
Check ❑ if there are workplaces on file that are not identified here
Section 67.630 ofthe regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy ofwhmh should Is, included with each application for
Depannrent of Justice funding. States and State agencies may elect m
use OUP Form 406 In.
Check ❑ if the State has elected to complete OJP form 4061/7.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Dmg_Frm Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67; Sections 67.615 and 67.620- -
A. As a condition of the grant, I certify the 1 will not engage in the
unlawful manufacture, disnibutlon, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
13. If convicted of a criminal drug offense resulting from a
violation Occurring during the conduct of any grant activity, I
V411 report the conviction, in writing, within 10 calendar days
ofthe conviction, to: Depadm rat of Justice, Office of Justice
Programs. AT1N: Control Desk, 633 Indiana Ave,,,, N.W.,
Washington, D.C. 20531.
As the duly authorized representative ofthe applicant, I hereby certify that the applicant will comply with the above certifications.
I. Grant. Name and Address:
County of Frederick
107 North Kent Street
Winchester, VA 22601
2. Application Number and/or Project Name
3. Grantee IRSNcndor number
Domestic Violence Prosector
For Frederick County CA's Office
4. Typed Name and Ti[Ie of Authorized Representative
John R. Riley, Jr., County Administrator
5. Signature
6. Date
I
- �3_
CaY nonwealth of Virgi
COUNTY OF FREDERICK
Finance Committee
County of Frederick, Virginia
Re: Request for Supplemental Appropriation
The Frederick County Commonwealth's Attorney's Office submits this request to transfer
$1,396.88 from our Asset Forfeiture Revenue Account 43- 010 - 024040 -00 to Expense Account
#022010 -5413- 000 -007, Forfeited Property Assets. This request will involve no local funds as
the monies in the revenue account result from assets seized by local law enforcement and
processed through the Virginia Department of Criminal Justice Services. This request is for the
purchase of a projector and screen to connect to our laptop and will aid in criminal prosecutions.
This is a permissible use of the funds for DCJS guidelines.
Dan Hoopes
Administrative Assistant
DlVjhr
_ (PLA_
C. TODD GILBERT
GLENN R. WILLIAMSON
Assisunt Commonwealth's Anomey
Commonwealth's Atmmey
;b
ERIC W. HEFLIN
ROSS P. SPICER
Investigator
Deputy Commonwealth's Anomey
a
MELISSA D. RICE
ANDREW M. BOBBINS
VictiMWimess Direcmr - 665 -6369
Assistant Commonwealth's Anomey
DENNIS J. MCLOUGHLIN, JR.
-
AMisuntCOmmonweatth'sAnomey
OFFICE OF THE
COMMONWEALTH'S ATTORNEY
109 NORTH KENT STREET WINCHESTER, VIRGNIA 22W JUitl_RO
(S )665 -6383 FAX(540)667- 3454
. -__..__., _
t>3 :S:HE,`��
L
June 2, 2009`
Finance Committee
County of Frederick, Virginia
Re: Request for Supplemental Appropriation
The Frederick County Commonwealth's Attorney's Office submits this request to transfer
$1,396.88 from our Asset Forfeiture Revenue Account 43- 010 - 024040 -00 to Expense Account
#022010 -5413- 000 -007, Forfeited Property Assets. This request will involve no local funds as
the monies in the revenue account result from assets seized by local law enforcement and
processed through the Virginia Department of Criminal Justice Services. This request is for the
purchase of a projector and screen to connect to our laptop and will aid in criminal prosecutions.
This is a permissible use of the funds for DCJS guidelines.
Dan Hoopes
Administrative Assistant
DlVjhr
_ (PLA_
Co mmonwealth of Vi rg i nia
COUNTY OF FREDERICK
GLENN R. WILLIAMSON
Commonwealth's Attomey
ROSS P. SPICER
Deputy Commonwealth's Atomey
ANDREW M. ROBBINS
Assistant Commonwealth's Attomey
DENNIS J. MCLOUGHLIN, JR.
Asaismnt Commonwealh's Attomey
C. TODD GILBERT
Assistant Cammonwealth's Attomey
ERIC W. HEFLIN
Investigmor
MELISSA D. RICE
Victim .t "Di..,- 6656369
OFFICE OF THE
COMMONWEALTH'S ATTORNEY
107 NORTH RENT STREET WINCHESTER. VIRGINIA 22601
(540) 6656383 FAX(540)667-34S4
June 11, 2009
Finance Committee
County of Frederick, Virginia
Re: Request for Supplemental Appropriation
The Frederick County Commonwealths Attomey Office submits this request to transfer
$390.56 from our Asset Forfeiture Revenue Account #3 -010- 024040 -0045 to Expense Account
# -5413- 000 -007, Forfeited Property Assets. This request will involve no local funds as
the monies in the revenue account result from assets seized by local law enforcement an d
Processed through the Virginia Department of Criminal Justice Services. This request is for the
purchase of a media cart and wireless pointer for visual presentations in criminal prosecutions.
This is a permissible use of the funds for DCJS guidelines.
'C� j
Dan Hoopes
Administrative Assistant
DH/jhr
-tP5-
e. 1
A 1 . 1
Co ;d.. M1h J %ITV COLLEGE
May 19, 2009
Cheryl B. Shiffler, Director
Finance Department
County of Frederick
107 North Kent Street
Winchester, VA 22601
Re: Lord Fairfax Community College
Escrow Deposit for Corron Center Site Development
Dear Ms. Shiffler:
Lord Fairfax Community College (LFCC) requests payment of Frederick County's
portion of site development for the Corron Community Center now under
construction. The amount due is $416,040.
To support this request, I am enclosing Virginia Community College System (VCCS)
Schedule of Values and Certificate of Payment No. 5 and supporting documentation
indicating the project was 60% complete as of March 31, 2009.
Please let me know if I can provide any further information. LFCC appreciates the
support of Frederick County for this project and looks forward to providing leaming
opportunities to Frederick County students when the building 1s open.
Thank you for your assistance.
Margaret J. Barnett
Budget and Finance Director
1 Enclosure
—w
FAUQUIER CAMPUS
LURAY -PAGE COUNT CENTER
MIDU1.R1'oaPN CAMPUS
6480 college Street
334 North Hawksbill Street
173 Skirmisher Lane
Warrenton, VA 2018]
Luray, VA 22835
Middletown, VA 22645
(540) 351 -1505
(540) 843 -0]22
(540)868 -]000
(540) 351 -1540 Fax
(540)843 -0322 Fax
(540) 86 &]100 Fax
1 -800- 906 -5322 • TTY (711) Virginia Relay
• hnpa /www.licc Odu
DGS30.104 ( FORM CO.12)
SCHEDULE OF VALUES
Rev. O8/07
MW
PAYMENT REQUEST NO. 5
PERIOD BEGINNING DATE; 03101
PART A
SUMMARY AND CERTIFICATION
CERTIFICATE FOR PAYMENT
PERIOD ENDING DATE: 03/31
PROJECT CODE: PC M 200 - 10851, BH 9 05803.00, Lantz f 400
AGENCY NAME: VCCS, Lord Fairfax Community College
PROJECT 71TLE: LFCC Gorton Community Development Center (Sft work)
VALUE OF WORK COMPLETED
PREVIOUS VALUE CURRFM
TOTAL VALUE THS VALUE PERCENT
I
VALUE TO DATE REPORT TO DATE COMPLETE
x B C
O =Bad E =D /A
Original Contract Line Items from C0.12, PART B S 830,4 .oe S 210,138.5 f 212 f es.so E 4K,325.10
5
App roved Uhari22 Orders from CO -12, PART C $ 5,557.95 S 1 S 4.44A39 1 E 5.55/.95 < 1
ADJUSTED CON TRACT TOTAL _ $ 939,024.95 S 291,2wAf f 2t8,6f2.9B f 4e7.eearo < 5
ReYaina Resins Pe mi S.0% ,1 °: E (14,Oat50) E 931.15 E 24,19415
NET REOUISTION AMOUNT __-.? S ZGy,19TJN S 205,901.31 f 4T2,9Baas
CONTRACTOR CERTIFICATION T T
The undersigned Contractor requests payment of that portion of the contract price shown on the last line
Of the foregoing Schedule of Values, and repre arms and Warml to the Owner that (1) the data shown on the
Schedule of Values Is accu2te and correct (2) the Work covered by this Certificate has been completed in
accordance with Ube Contract Documents; (3) all previous progress payments received from Owner on account of Work done
under this Contract have been applied to discharge in full (except for allowable retainage) all obligations of Contractor
incurred in connection with Work covered by prior Cedifica m for Payment numbered 1 through 4, inclusive, and;
(4) title to all materials and equipment for which payment is requested in this Cedificate, whether or not Incorporated
in said Work, will pass to Owner at time of payment free and clear of all liens, claims, security Interests and
encumbrances (except such materials and equipment which are covered by a Bond previously accepted by Owner).
FEIN f: 541352453 Contractor Lank Company of Winchester, Inc.
Date: March 25, 2009 By "
Frbk
agream,
T Name: M
3�ab O�
ARCHITECT/FJIGINEEq CERTIFICATION
This is to certify that, in accordance with the terms of a contract for Project Number PC f260- 19651, BH w 05803.00. IdnK 9400 -0E
the thirteenth day of November, 2008 by and between, Lantz Construction Company of Winchester, Inc.,
the contractor, and the Commonwealth of Virginia, VOIDS, Lord Fairfax Community College,
the Owner, for work at 173 Skinnisher Lane, Middletown, VA 22845, there is due to Its Contractor the amount of
Two Hundred Five Thou. i Hundred One Dollars and ThInvOry Cents $205 .801.31
Architect/Engineen.
Burt Hill
B { i( �
)': (� ( a� O. OLE. A Gi :s
_
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p me dare
AGENCY A
Amount approved for payment this certifcate is: , �� .�/.,. 6 /
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-11-
DGSJO -216
(Rev. 0m)
AIE: Bun Hill b DC V
FEINISSN: 251158495
Project Title: world.. Development and Communty Center
Flailed Cede: 26016851 vvzem To vz AR 23 AM 11: 29
Period: From
AM INVOICE FOR SERVICES
Invaice # 128561
Bun Hill Proles # 05503.00
Date: 3117An9
DESCRIPTION of SERVICE
$
ContreaeMDU
Percentage
Completed
prev Arm
This
Amount
Invoice
J A SubSoil Study
$
Amoum
Complete
To Date
Approved
Design Phase Services:
$
59,240.00
100.00%
59,240.00
59,240.00
000
Schematic develapmant
$
88,171.00
100.00%
88,171.00
88,171.00
0.00
Pretminery(Approved)
$
146,952.00
100.00%
146,952.00
146,952.00
000
Working Drewirys, complete
2.0 Acoustical Deelgn Study
$
1,650.W
1W.W%
1,65000
1,650.W
0.00
S
294.3&1.00
1W DD%
294,363.00
294,383.00
000
Sublelal Design Fee
2.E EIR
2.F SWM Design her E40N Graval Lm
$
30.300.00
1m.00%
30,300.00
30,30BW
2,20000
Bid a Construction Phase Services:
2G Lang Span Sbuatudil Design
$
100.00%
7.143.00
7,143.00
0.00
B"IddlW Aeradenm
$
$
7,143.00
16.35300
2500%
4,088.25
2,780.01
1,308.24
$YbmNal Revkw
$
7,366.00
000%
000
000
BW
A Built l Record Drawings
$
83,962.00
1500%
9,594.30
6,396.20
3,198.10
WetaDnaP9C6an B Consaicion Admin
DO #3 Value Engineering Study
$
26,693.00
100.0
20782.00
20,782.00
o
$
94,024.00
21 OG%
20,825.55
16,319.21
4,506.34
Subtotal id Consb'n Services Fee
D.3 T I ap.Trees
$
$
2,773.00
1Beirmm
40 00%
99.15%
19 5,12020
Additional Services:
$
100.00%
3,083.00
3,083.00
000
J A SubSoil Study
$
3 ,0T3.W
3780.00
100.00%
3,380.00
3,780.00
0.00
1.&C Site Surveys& Field Iii.edga0ons
$
16.076.00
1W.0Y%
115,086.00
16,07800
BW
2A Pre- Design Pro9remming
$
T
100.00%
7,16.6
7,15000
000
23 WDesgn
$
8,580.00
mm%
11
8,56.00
0.00
2.0 Acoustical Deelgn Study
$
1,650.W
1W.W%
1,65000
1,650.W
0.00
20 Fire Flow Test
$
3,960.00
mm%
3,96) 00
3,960.00
BOB
2.E EIR
2.F SWM Design her E40N Graval Lm
$
30.300.00
1m.00%
30,300.00
30,30BW
2,20000
0.00
BW
2G Lang Span Sbuatudil Design
$
2,200.00
1W.W%
2.20000
6,600.00
6,600.00
0.00
2.H Cakrd, Michell Design
$
6,600.00
1 W.DO%
100.00%
18.105.00
18,10SW
BW
DO #i Additional CW Engineering Work
S
18,105.W
1m.l
40,862.00
40,86200
000
C0 #2 Add'¢ional AUdio-Vrsual COnsultag Services
$
40,882.00
100.00%
26,893,00
26,893.00
O.W
DO #3 Value Engineering Study
$
26,693.00
100.0
20782.00
20,782.00
OM
CO #4 Revise stormwater management wlevla6one
$
20)82.00
1,10020
1,109 20
OM
D.3 T I ap.Trees
$
$
2,773.00
1Beirmm
40 00%
99.15%
19 5,12020
195.12620
O.W
Total AGtlHional6va. Fees
Reimbursable Expenses Budget:
1WB0%
6,900.00
6.W0.00
000
1. Prin0nB Submittals
$
S
6,900.00
9.WO.00
1W.00%
9,0W.W
9,00000
O.W
2. Pdn9ng Bld DOCUmanla
$
1,040.m
100.00%
1,040.W
1,040.00
0.00
3. Daliverles
$
588.00
7508%
445.75
446.75
0.00
4. Consultant Reimb. Trevel
It
1,200.)
100.00%
1,200.00
1,200.00
0.00
5. AARB Prearra6on Boards
$
420.W
100.00%
420.00
420.W
0.00
6
Prag Ing Saudis BOaS
$
19, 14B
BID
99.26%
19,006.75
19,006.75
O.W
Total
Reimbureables
514,809.16' 4,508.34
TOTAL AMOUNTS
$
65,118.00
83.43%
528,315.6
CERTIFICATE OF THE ARCHITECT I ENGINEER:
The uMersigr ed requests Payment of the "Ithe of the Dalai Amoum invoiced above add apresente
and warrants to the Owner that (1) the data sheen above Is acwrete and correct; (2) the Wed, covered by this
Invoice has been completed In wmormarwo with the Cmtrad requirements; arel (3) all praVOUS payments
remived from the Owner on aunt of Work dery older Nis Conk ve ��fted N the S.Ppli in full
(eaCept tar allowable reb rage) all abl'patlo m ns the P/E to IV Co I t , Sub2td,c�i�ry Suppllere
incurred! in marauder, with WOk Covered by prior lnvmci n. 1/ /
AGENCY ACTION: AMOUNT APPROVED FOR PAYMENT: 6
AP7F P ES�1P'G
-,ATE D
=7a-
REMI PLEASE R TO:
M EMIT NTIC, LLCYCt;S 7i� - 03 / 1 V 2 009 =,92
14026 THUNDERBOLT PLACE, SUITE 10
CHANTILLY, VA 20151 09 MAR 20 A5
Page 1 or2
OABD.dgl�gper
TO: Mr. Paul Sweet
Virginia Community College System
James Monroe Building
101 North 14th Street
Richmond, VA 23219
ASE DETACH AND RETURN DUPLICATE COPY WITH
ISTOMEft CODE PROJECT NO. BILLED THRUD
A43102 I 21:9419 -A I 02/2812099
Senior Project Engineer
Project Manager
Engineering Technician
Secretary
Mileage
Week Ending 021141
Senior Project Engineer
Project Manager
Engineering Technician
Secretary
Mileage
Moisture Content
Afterberg (Liquid and Plastic) Limits
Grain Size Analysis (washed)
Standard Proctor (ASTM D -698), 4 inch
PROJECT NAME: Lord Fairfax Con Community
Development Center
Frederick County, VA
101 -M51
2.75
5.00
15.25
1.25
180.00
3.00
3.00
3.00
3.00
Week Ending 02121109
Senior Project Engineer
Project Manager
Engineering Technician
Secretary
Mileage
Senior Project Engineer
Project Manager
Engineering Technician
A FINANCF P.HAR7P
HOUR
$85.00
Please Pay
TERMS
DUE UPON RECEIPT
This Amount:
1.75
HOUR
$85.00
225
HOUR
$100.00
8.50
HOUR
$32.00
1.25
HOUR
$33.00
145.00
MILE
$0.48
Subtotal:
3.75
Subtotal:
2.75
5.00
15.25
1.25
180.00
3.00
3.00
3.00
3.00
Week Ending 02121109
Senior Project Engineer
Project Manager
Engineering Technician
Secretary
Mileage
Senior Project Engineer
Project Manager
Engineering Technician
A FINANCF P.HAR7P
HOUR
$85.00
HOUR
$100.00
HOUR
$32.00
HOUR
$33.00
MILE
$0.48
EACH
$10.00
EACH
$55.00
EACH
$55.00
EACH
$110.00
$148.75
$225.00
$272.00
$41.25
$69.60
$756.60
$233.75
$500.00
$488.00
$41.25
$86.40
$30.00
$165.00
$165.00
$330.00
$2,039.40
$212.50
$375.00
$1,168.00
$141.25
$117.60
$1,914.35
$318.75
$475.00
$1,280.00
Subtotal:
2.50
HOUR
$85.00
3.75
HOUR
$100.00
36.50
HOUR
$32.00
1.25
HOUR
$33.00
245.00
MILE
$0.48
Subtotal:
3.75
HOUR
$85.00
4.75
HOUR
$100.00
40.00
HOUR
$32.00
LY) WILL BE ADDED TO ALL INVOICES UNPAID AFTER 3
$148.75
$225.00
$272.00
$41.25
$69.60
$756.60
$233.75
$500.00
$488.00
$41.25
$86.40
$30.00
$165.00
$165.00
$330.00
$2,039.40
$212.50
$375.00
$1,168.00
$141.25
$117.60
$1,914.35
$318.75
$475.00
$1,280.00
PLEASE REMIT TO:
140 6 THUNDERBOLT LLC
03/1112009 234052
14028 THUNDERBOLT PLACE, SUITE 100
CHANTILLY, VA 20151 Pepe 2 a 2
NED- AT6ANTOC PROJECT NAME: Lord Fairfax Comon Community
Development Center
Frederick County, VA
TO: Mr. Paul Sweet
Virginia Community College System
James Monroe Building
101 North 14th Street
Richmond, VA 23219
PLEASE DETACH AND RETURN DUPLICATE COPY WITH YOUR REMITTANCE Please Pay 6,953.60
CVSTOMER CODE PROJECT No. BILLED THRU GATE TERMS This Amount:
A43102 21;gg19 -A 0212812009 DUE UPON RECEIPT
1.50 HOUR $33.00 $49.50
Secretary 250.00 MILE $0.48 $120.00
Mileage Subtotal: $2,243.25
.Invoke Total ` Please Re m d.9 «60«
If you have any questions regarding this « «
invoice please oontad Darin Shick at
540.667.3750
'BUDGET SUMMARY'
Budget Estimate: $75,000.00 H.PPR D F R PRO ESS
Previous Invoice: $2,663.05
Amt. This Invoice: $6,953.60
Amt. Remaining: $65,383.35
A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUALLY)WILL BE ADDED TO ALL INVOICES UNPAID AFTER 30 DAYS
i
4in t 9 [5956234 fi5 This amount represents carry forwards for unfinished capital projects. A
General Food supplemental a ro rianou in the amount of $2(L825,31 is also requested for the
i ' county's portion of these capital projects. See attached memo, p. 9. The committee recommends
approval for public hearing. - Approved
Upon. motion by SUpervisorEwing, Seconded by Supervisor Forrester, the Board approved
I
the above request by the following recorded vote'
—
Richard C. Shickle A
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher A
— —
Gina A. Forrester A
Lynda J. Tyler A
Barbara E. Van Osten Aye
7. The Direc fur ofPire and Reswercquestsa Grn IF d I tal Don't
the amount of S377 This amount is needed to hire rune new positions for the d epartment.
Additional local funds will most likely be required. See attached memo, p. 10. The cornnunce
recommends approval. - Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved
the above request by the following recorded vote'
8. Lord Fairfax Community College requests a General Fund Simpleatemal approuriation
in the amount f $416 040 This amount represents what is requested from Frederick County for
construction of a Conununity Workforce Center. The amount requested may be allocated over two
fiscal years. Additional local funds are necessary. See attached, p 11 -14. The committee
recommends approval and that the requested funds be placed in a trust fund for the construction
project. - Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved
the above request by the following recorded vole:
Richard C. Shickle Aye
Gary W. Dove A
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
_
Barbara E. Van Osten Aye
9. The School Finance Director requests a School Olins Fund surai lion,,ma l
appropriation in the [ of 39 613 This amount represents obligated funds at year -end. See
attached memo, p. 1545. The committee recommends approval. - Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor Forreser, the Board approved
Mloure nook Number 3]
auartl of Supervlwrs Requlsr Mxiiop ofp92&y5
129
-16-
Richard C. Shickle A
Gary W. Dove A
Bill M. Ewing Aye
Gene E. Fisher A
— —
Gina A. Forrester Aye
Lynda J. Tyler Ay
Barba. E. Van Osten Aye
8. Lord Fairfax Community College requests a General Fund Simpleatemal approuriation
in the amount f $416 040 This amount represents what is requested from Frederick County for
construction of a Conununity Workforce Center. The amount requested may be allocated over two
fiscal years. Additional local funds are necessary. See attached, p 11 -14. The committee
recommends approval and that the requested funds be placed in a trust fund for the construction
project. - Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved
the above request by the following recorded vole:
Richard C. Shickle Aye
Gary W. Dove A
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
_
Barbara E. Van Osten Aye
9. The School Finance Director requests a School Olins Fund surai lion,,ma l
appropriation in the [ of 39 613 This amount represents obligated funds at year -end. See
attached memo, p. 1545. The committee recommends approval. - Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor Forreser, the Board approved
Mloure nook Number 3]
auartl of Supervlwrs Requlsr Mxiiop ofp92&y5
129
-16-
I -OR D
FAMFAX
YOUR FUTURE. OUR FOCUS
Office of the Pri rident August 2, 2005
MIDDLETOWN CAMPUS
173 516-15her Lane
Middletown VA 22645
54086 &]101
54086 8-7103 Fax
FAUQUIEa CAMPUS
6480 College Street
Warrenton VA 20187
540- 351.1513
540-351-1533 Fax
TTY (711) Virginia Relay
www.hccedo
Frederick County Board of Supervisors
Mr. John R. Riley
County of Frederick
107 North Kent Street
Winchester, Virginia 22601
Dear Mr. Riley:
Thank you for your allocation of $57,106 to the College Board budget for the
2005 -2006 fiscal year. We appreciate Frederick County's annual support of our
locally funded activities, including scholarships.
On April 20, 2005, representatives from Lord Fairfax Community College
presented an overview of the design and use of the CorTOn Community Center
along with our request for $417,000 in funding its site development. Since
Frederick County is the last jurisdiction to inform us about its funding decision
for this facihty, I would appreciate knowing when you believe we may learn of
your decision so we can begin our site preparation procedures.
I appreciate you consideration of Lord Fairfax Community College's request
and thank you for your attention to this inquiry.
Sincerely,
ohn J " ]d Is
Presi t
_710—
LORD
FAIlZFAX
YOUR FUTURE OUR FOCUS,
LORD FAIRFAX COMMUNITY COLLEGE
COMMUNITY WORKFORCE CENTER FUNDING SUMMARY
SEPTEMBER 21, 2005
Total Construction Costs $ 6,104,000
Non -Local Funding Contributions:
State Funding 2,340,000
LFCC Educational Foundation 2.500.000
Less: Total Non -Local Funding Contributions -4.840.000
Amount Requested from Localities 1,264,000
Less: Locality Commitments To Date
Clarke County
72,377
Fauquier County
202,292
Page County
24,213
Rappahannock County
23,952
Shenandoah County
177,298
Warren County
174,435
Winchester City
173.393
Total Locality Commitments to Date - 847.960
Requested from Frederick County S 416,040
Amount Requested from Frederick County:
July, 2006 - 208.020
Current Need from Frederick County S 208,020
-7 -7—
10RD
FAIRFAX
YOUR FUTURE OUR FOCUS.
Community Development Center
September 21, 2005
Fhcility Overview and Purpose
• 30,000 gross square foot building; 21,000 assignable square feet
• Provide additional training space for area residents and businesses
• Seven muhi -use classrooms
• Six additional rooms configured from conference space which can seat 1,000
participants
• Offices for four different college departments
• Design began in August 2005
• Scheduled to be completed in July 2007
Benefits to Frederick County
• Providing resources necessary to respond to the training needs of business
and industry
• Provide classrooms for all residents to participate in lifelong learning
• Provide conference facility with breakout rooms
Programs and Activities
• Workforce Services and Continuing Education programs
Career training including apprenticeships in HVAC, plumbing, electricity,
opticians, landscaping, eta Certifications in Human Resources, Leadership,
Customer Service, Manufacturing, Supervision and Warehousing
Computer training including the Microsoft Office suite and advanced
certifications
Personal Development including art, financial planning, languages, sports,
driver education, driver improvement and motorcycle training
Security training
— Tf —
• EMT Training
• Command Spanish Training
• Partnersbip with Frederick County Schools (Tech prep and Career
Pathways)
• Teacher training for Work Keys to assist graduation rate of Frederick
County Schools
• Dual Enrollment programs with Frederick County Schools
• Community meetings for Frederick County
• Disaster Recovery location for Frederick County
• Special Events for Frederick County
• Job Fairs
Departments to be Housed
• Workforce Services and Continuing Education
Served over 300 companies last year in open enrollment — 34 % were from
Frederick County (American Background, Delco Rhemy, Fisher Diagnostic,
American Woodmark, etc)
60% of companies requiring customized training were from Frederick
County
Revenue and participation have increased 34 •/ over the last two years
• Lord Fairfax Small Business Development Center (SBDC)
Created and retained 202 jobs for our region — 42% in Frederick County (9
months data current year)
• Northern Shenandoah Valley Workforce Center
Served 109 Youth and 191 unemployed or underemployed adults
• Office of College Advancement
Support all areas of the college and community
--71-
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
MEMORANDUM
TO: Board of Supervisors , / /
FROM: Eric R. Lawrence, AICP, Planning Director 6
SUBJECT: Development Impact Model — Oversight Committee
Report from Meeting on June 15, 2009
DATE: June 17, 2009
The Development Impact Model — Oversight Committee (DIM -OC) met on Monday,
June 15, 2009 at 9:OOAM.
Members Present
Josh Phelps
J.P. Carr
Gary Lofton
Stephen Petler
Members Absent
Paige Manuel
Roger Thomas
Stuart Walk
Gary Dove
Al Omdorff, Wayne Lee, Kris Tierney, and Eric Lawrence were present. Robert Igor
was present on behalf of the Winchester Star.
** *Item Requiring Action * **
The DIM -0C reviewed the critical inputs for the Annual Update of the Development
impact Model. The inputs are essentially in order to maintain an updated DIM. It is also
important to note that the DIM is a planning tool which projects anticipated capital
facility costs associated with land development and rezoning proposals. The DIM -OC
recommends the use of the critical inputs, and for their incorporation into model
Upon approval of the DIM -OC's recommendation, staff will use the updated model in the
consideration of future rezoning petitions. The critical input spreadsheet (Attachment 91)
and resulting projected capital facilities costs (Attachment #2) are attached for your
information.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Page 2
DIM -OC Report
June 17, 2009
* ** Informational Purposes Only * **
In preparation for next year's annual review of the Critical Inputs, the DIM -OC will seek
further clarification on a number of areas of the model: from TischlerBise (economic
consultant who created the model) as to whether the model properly accounts for the
residential real estate taxes paid when calculating a projects capital facility impacts;
establish parkland values based on the assessed values of parcels 20 acres or larger
located in the UDA; seek clarification as to whether bonded projects are adequately
credited for taxes paid; and confirm understanding regarding the Growth Related
Percentages and their genesis. The DIM -OC did not feel that this information was
necessary for this year's model update, but they did seek the information to aid in their
annual review and understanding for the future.
Please contact staff should you have questions.
ERL/bad
Attachments: Critical Input Spreadsheet (Attachment #I)
Projected Capital Facilities Cost (Attachment #2)
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ATTACHMENT
Development Impact Model
On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the
Development Impact Model (DIM) to project the capital fiscal impacts that would be
associated with any rezoning petitions containing residential development, replacing the
existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic
consultant who evaluated and analyzed development within the County in an effort to
assist the County in planning for future capital facility requirements. Critical inputs to
the DIM are to be reviewed and updated annually to assure that the fiscal projections
accurately reflect County capital expenditures. The Board of Supervisors authorized
use of the annual model update on June 24, 2009 (tentative; pending action).
The DIM projects that, on average, residential development has a negative fiscal impact
on the County's capital expenditures. As such, all rezoning petitions with a residential
component submitted after July 1, 2009 will be expected to demonstrate how the proposal
will mitigate the following projected capital facility impacts:
Single Family Dwelling Unit
= $ 21,664
Town Home Dwelling Unit
= $ 15,441
Apartment Dwelling Unit
= $ 13,005
The following is a breakdown of the projected impacts per dwelling unit for each capital
facility.
Capital facility
Fire And Rescue
—.
Single Family
$713
Town home
$529
Apartment
$537
General Government
$o
$0
$0
Public Safety
$0
$0
$0
Library
$487
$372
$372
Parks and Recreation
$1,970
$1,507
$1,507
School Construction
$18,494
$13,033
$10,589
Total
$21,664
$15,441
$13,005
A "read- only" copy of the Development Impact Model is available on the public
workstation within the Planning and Development's office. A user manual is also
available.
WOV09 daa
ORDINANCE
June 24, 2009
The Board of Supervisors of Frederick County, Virginia hereby ordains that
Section 155 -39 (Assessment imposed) of Article IX (Assessment for Law Library) of
Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same
hereby is, amended by enacting an amended Section 155 -39 (Assessment imposed) of
Article IX (Assessment for Law Library) of Chapter 155 (Taxation) of the Code of
Frederick County, Virginia, that Section 155 -131 (Assessment imposed) of Article XX
(Assessment for Courthouse Construction, Renovation and Maintenance) of Chapter
155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is,
amended by enacting an amended 155 -131 (Assessment imposed) of Article XX
(Assessment for Courthouse Construction, Renovation and Maintenance) of Chapter
155 (Taxation) of the Code of Frederick County, Virginia, and that Article XX
(Assessment for Courthouse Construction, Renovation and Maintenance) of Chapter
155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is,
further amended by enacting a new Section 155 -131.1 (Supplemental assessment
imposed) of Article XX (Assessment for Courthouse Construction, Renovation and
Maintenance) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as
follows and to take effect on July 1, 2009 (deletions are shown in bo str
and additions are shown in bold underline)
CHAPTER 155, Taxation
ARTICLE IX, Assessment for Law Library
§ 155 -39. Assessment imposed.
Pursuant to the authority granted by § 42.1 -70 of the Code of Virginia 119501, as
amended, there is hereby assessed the sum of $2 $4 as part of the costs incident to
each civil action filed in the courts of the County. This assessment shall be in addition
to all other costs prescribed by law.
CHAPTER 155, Taxation
ARTICLE XX, Assessment for Courthouse Construction, Renovation and
Maintenance
§ 155 -131. Assessment imposed.
In accordance with § 14.1 133 -2 17.1- 281(A) Code of Virginia (1950), as amended,
there is imposed an assessment of $2 upon each civil, criminal and traffic action filed in
the Circuit or District Courts of the County. The assessment provided shall be in
addition to all other costs prescribed by law.
155 -131.1 Supplemental assessment imposed.
compliance with the current safety and security quidelines contained in the
Enacted this day of , 2009.
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove Bill M. Ewing
Philip A. Lemieux Gene E. Fisher
Charles S. DeHaven, Jr.
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
2
action filed in the Circuit or District Courts of the County. Such supplemental
Jay Tibbs
om:
Rod Williams [rwillia @co.frederick.va.usl
_.ant:
Tuesday, May 26, 2009 2'50 PM
To:
'John Riley'
Cc:
'Jay Tibbs'
Subject:
Court costs ordinance
Attachments:
Code of Frederick County - draft Chapter 155 Article IX and Article XX v2doc
John,
Since last week's Code & Ordinance meeting, I learned, at the end of last week, that the
County and the City in fact must receive an actual certification from the state as to the JJC's non-
compliance with the state safety and security guidelines, in order to enact the additional $3 fee.
Therefore, it appears appropriate that, if the Board is inclined to enact an ordinance pursuant to the
new enabling legislation, the ordinance contain contingency language that makes imposition of the
fee effective only upon receipt of the state certification. Toward this end, I have prepared the
attached amended version of the draft ordinance that Code & Ordinance reviewed last week. The
language in the red italics is the new contingency language and appears should be included in any
draft that the Board might approve for advertising.
-..
Roderick B. Williams
County Attorney
r:ounty of Frederick, Virginia
J7 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E- mail: rwillia(a),co.frederick.va.us
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia @co.frederick.va.us
TO: John R Riley, Jr.
County Administrator
FROM: Roderick B. Williams
County Attorney 66 W
DATE: May 11, 2009
RE: 2009 Acts of Assembly, Chapters 814 & 857 — Amendment to permit localities to
increase certain court fees
The above legislation, which becomes effective July 1, 2009, amends Va. Code § 17.1-
281 to permit localities to increase certain court fees, specifically, those for funding law libraries
and those for funding courthouse construction, renovation, and maintenance. Following up on a
conversation I had with Brenda Vance, the Clerk of the General District Court, I have prepared
the attached draft ordinance.' Also attached is a copy of the state legislation (please note that
Chapters 814 & 857 are identical and therefore only one— Chapter 814 — is attached).
If the County wants to take advantage of this amended enabling legislation on the earliest
possible date, July 1, 2009, the Board of Supervisors would need to amend the relevant sections
of the County Code prior to that. The attached draft notes a July 1, 2009 effective date. As
indicated, the permitted changes relate to an increased fee for the law library and a supplemental
fee for courthouse construction, renovation, and maintenance. Following are brief explanations
of the two fees.
' The vast majority of cases, civil, criminal, and traffic, are filed in the General District Court and,
therefore, filings in that court would produce the vast majority of any increased fees under the amended enabling
legislation. Specifically, the General District Coup handled in excess of 20,000 cases last year, most of which
(79°/>) being traffic cases. Court fees potentially apply to all of those cases, although traffic and criminal cases not
resulting in guilty verdicts and certain low dollar amount civil cases may not be subject to all or a portion of the fees.
The increased fees in the draft ordinance could result in as much as an additional approximately 540,000 in funding
for the law library and as much as an additional approximately 560,000 in funding for courthouse capital needs.
107 North Kent Street • Winchester, Virginia 22601
M
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia @co.frederick.va.us
TO: John R Riley, Jr.
County Administrator
FROM: Roderick B. Williams
County Attorney 66 W
DATE: May 11, 2009
RE: 2009 Acts of Assembly, Chapters 814 & 857 — Amendment to permit localities to
increase certain court fees
The above legislation, which becomes effective July 1, 2009, amends Va. Code § 17.1-
281 to permit localities to increase certain court fees, specifically, those for funding law libraries
and those for funding courthouse construction, renovation, and maintenance. Following up on a
conversation I had with Brenda Vance, the Clerk of the General District Court, I have prepared
the attached draft ordinance.' Also attached is a copy of the state legislation (please note that
Chapters 814 & 857 are identical and therefore only one— Chapter 814 — is attached).
If the County wants to take advantage of this amended enabling legislation on the earliest
possible date, July 1, 2009, the Board of Supervisors would need to amend the relevant sections
of the County Code prior to that. The attached draft notes a July 1, 2009 effective date. As
indicated, the permitted changes relate to an increased fee for the law library and a supplemental
fee for courthouse construction, renovation, and maintenance. Following are brief explanations
of the two fees.
' The vast majority of cases, civil, criminal, and traffic, are filed in the General District Court and,
therefore, filings in that court would produce the vast majority of any increased fees under the amended enabling
legislation. Specifically, the General District Coup handled in excess of 20,000 cases last year, most of which
(79°/>) being traffic cases. Court fees potentially apply to all of those cases, although traffic and criminal cases not
resulting in guilty verdicts and certain low dollar amount civil cases may not be subject to all or a portion of the fees.
The increased fees in the draft ordinance could result in as much as an additional approximately 540,000 in funding
for the law library and as much as an additional approximately 560,000 in funding for courthouse capital needs.
107 North Kent Street • Winchester, Virginia 22601
With respect to the fee for the law Iibrary, under present law, the County may assess a
base fee of up to $2 per case for courthouse construction, renovation, and maintenance (this is a
different fee from the supplemental fee for the same purpose, separately authorized in the new
legislation) and a fee of up to $4 for the law library, but the total of these two fees combined may
not exceed $4. Va. Code §§ 17.1- 281(A) & 42.1 -70. Right now, the County charges a $2 fee for
the courthouse and a $2 fee for the law library. County Code §§ 155 -131 & 155 -39. The new
legislation eliminates the cap on the two fees combined. Therefore, the new legislation enables
the County to increase the fee for the law library to $4. The attached draft shows a change in
County Code § 155 -39 toward this end.
With respect to the fee for courthouse construction, renovation, and maintenance, the new
legislation enables a supplemental fee of $3, in addition to the $2 fee discussed in the previous
paragraph. Va Code § 17.1 - 281(0). The new legislation only permits localities to impose the
supplemental fee for the operation of a courthouse that is "not in compliance with the current
safety and security guidelines contained in the Virginia Courthouse Facility Guidelines, as
certified by the Department of General Services upon application to the Department by the
county or city, and which cannot be feasibly renovated to correct such non-compliance". Va.
Code § 17.1- 281(C) (effective July 1, 2009). I have spoken with Winchester City Attorney
Anthony Williams about whether the Joint Judicial Center qualifies and he indicated that
Winchester City Sheriff Lenny Milholland in fact requested that the City make the change, with
respect to its fees, and that the Joint Judicial Center meets the requirements to qualify for the
supplemental fee. I also had a brief conversation myself with Sheriff Milholland to the same
effect.
The attached draft shows a change in the County Code, by the addition of a § 155- 131.1,
toward the end of establishing the new $3 supplemental courthouse fee. Please note that, as to
civil cases, the enabling legislation limits the fee to cases in which the amount in controversy
exceeds $500. The attached draft also shows an amendment to County Code § 155 -131,
regarding the current $2 courthouse fee, to update the reference to the correct section of the
Virginia Code, per a 1998 recodification of various cost provisions in the Virginia Code.
Attachments
VIRGINIA ACTS OF ASSEMBLY — 2669 RECONVENED SESSION
CHAPTER 814
An Act to amend and reenact § 17.1 -281 of the Code of Virginia, relating to assessment for courthouse
construction, renovation, or maintenance.
Approved April 8, 2009 [H 2311 ]
Be it enacted by the General Assembly of Virginia:
I. That § 17.1 -281 of the Code of Virginia is amended and reenacted as follows:
§ 17.1 -281. Assessment for courthouse construction, renovation, or maintenance.
A. Any county or city, through its governing body, may assess a sum not in excess of two dollars as
part of the costs in (i) each civil action filed in the district or circuit coats located widen its boundaries
and (ii) each criminal or traffic case in its district or circuit court in which the defendant is charged with
a violation of any statute or ordinance. The tetal assessmeats awed by any squatty er oity in a civil
ashen purs to this sestien ead § 42.1 -70 sha& net exceed fear debts If a town provides court
facilities for a county, the governing body of the county shall return to the town a portion of the
assessments collected based on the number of civil, criminal and traffic cases originating and heard in
the town.
B. The imposition of such assessment shall be by ordinance of the governing body which may
provide for different sums in circuit courts and district courts. The assessment shall be collected by the
clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county or city
and held by such treasurer subject to disbursements by the governing body for the construction,
renovation, or maintenance of courthouse or jail and court- related facilities and to defray increases in the
cost of beating, cooling, electricity, and ordinary maintenance.
C. Any county or city, which, on or after January 1, 2008, operated a courthouse not in compliance
with the current safety and security guidelines contained in the Virginia Courthouse Facility Guidelines,
as certified by the Department of General Services upon application to the Department by the county or
city, and which cannot be feasibly renovated to correct such non - compliance, through its governing
body, may assess an additional sum not in excess of three dollars as part of the costs in (i) each civil
action filed in the district or circuit courts located within its boundaries and (ii) each criminal or traffic
case in its district or circuit court in which the defendant is charged with a violation of any statute or
ordinance. Such additional fee assessed under this subsection shall not be assessed in any civil action if
the amount in controversy is 5500 or less. Any locality which applies for certification from the
Department under this subsection shall reimburse the Department for the actual costs incurred by the
Department in complying with the certiflcation request.
D. The imposition of such assessment shall be by ordinance of the governing body, which may
provide for different sums in circuit courts and district courts. The assessment shall be collected by the
clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county or city,
and held by such treasurer subject to disbursements by the governing body solely for the construction,
reconstruction, renovation of or adaptive re -use of a structure for a courthouse.
E The assessma assessments provided for herein shall be in addition to any other fees prescribed
by law. The asssssme assessments shall be required in each felony, misdemeanor, or traffic infraction
case, regardless of the existence of a local ordinance requiring its their payment
LIS> Code of V;reinia> 42.i -70
Page I of I
Frev I next
§ 411-70. Assessment for law library as part of costs in civil actions; contributions from but associations.
— Any county, city or town may, through its governing body, assess, as part of the costs incident to each civil action
filed in the courts located within its boundaries, a sum not in excess of four dollars.
The imposition of such assessment shall be by ordinance of the governing body, which ordinance may provide for
different sums in circuit courts and district courts, and the assessment shall be collected by the clerk of the court in
which the action is filed, and remitted to the treasurer of such county, city or town and held by such treasurer subject
to disbursements by the governing body for the acquisition of law books, law periodicals and computer legal
research services and equipment for the establishment, use and maintenance of a law library which shall be open for
the use of the public at hours convenient to the public. In addition to the acquisition of law books, law periodicals
and computer legal research services and equipment, the disbursements may include compensation to be paid to
librarians and other necessary staff for the maintenance of such library and acquisition of suitable quarters for such
library. The compensation of such librarians and the necessary staff and the cost of suitable quarters for such library
shall be fixed by the governing body and paid out of the fund created by the imposition of such assessment of cost.
Such libraries, pursuant to rules of the Supreme Court and at costs to such libraries, may have access to computer
research services of the State Law Library. Disbursements may be made to purchase or lease computer terminals for
the purpose of retaining such research services. The assessment provided for herein shall be in addition to all other
costs prescribed by law, but shall not apply to any action in which the Commonwealth or any political subdivision
thereof or the federal government is a parry and in which the costs are assessed against the Commonwealth, political
subdivision thereof, or federal government. The governing body is authorized to accept contributions to the fund
from any bar association.
Any such library established in the County of Wythe shall be located only in a town which is the seat of the county
government.
,— (Code 1950, § 42 -19.4; 1964, c. 439; 1964, Ex. Sess, C. 26; 1966, C. 225; 1970, C. 606; 1972, c. 343; 1977, c. 397;
1981, C. 48; 1982, c. 607; 1983, cc. 309, 355; 1984, c. 16; 1985, C. 381; 1988, c. 571.)
Prev I next I new search j table of contents I home
http: / /Iegl. state .va.us /cgi- bin/legp5O4.exe ?000 +cod +42.1 -70 5/20/2009
ORDINANCE
_, 2009
The Board of Supervisors of Frederick County, Virginia hereby ordains that
Section 155 -96 of Article Will (Special License Provisions) of Chapter 155 (Taxation) of
the Code of Frederick County, Virginia be, and the same hereby is, amended by
enacting an amended Section 155 -96 of Article XVIII (Special License Provisions) of
Chapter 155 (Taxation), to read, in its entirety in place of the current Section 155 -96 of
Article Will of Chapter 155 of the Code of Frederick County Virginia, as follows and to
take effect immediately (deletions are shown in and additions are
shown in bold underline)
CHAPTER 155 ARTICLE XVIII Special License Provisions
§ 155 -96. License fee and tax.
A. Unless otherwise provided in this section, every person or business subject to licensure under
this article shall be assessed and required to pay annually a fee for the issuance of such license as
follows:
(1) Gross receipts of $ 4,000 to $14,999.99 will owe a fee of $30.
(2) Gross receipts of $15,000 to $99,999.99 will owe a fee of $50.
B. Instead of the license fee specified in sSubsection A above, and except as may be otherwise
provided in this section or in §§ 58.1 -3712, 58.1- 3712.1 and 58.1 -3713, Code of Virginia, every
such person or business subject to licensurs under this article with annual gross receipts of
$100,000 or more shall be assessed and required to pay annually a license tax on all the gross
receipts of such persons includable as provided in this article at a rate set forth below for the class of
enterprise listed:
(1) For contractors and persons constructing for their own account for sale, $0.16 per $100 of gross
receipts.
(2) For retailers and retail sellers, and including operators of min-operated machines or devices,
which includes direct sellers as defined in the Code of Virginia, $0.20 per $100 of gross receipts.
(3) For financial, real estate and professional services, $0.58 per $100 of gross receipts.
(4) For repair, personal and business services and all other businesses and occupations not
specifically listed or exempted in this article or otherwise by law, $0.36 per $100 of gross receipts.
(5) For wholesalers and wholesale merchants, $0.05 per $100 of purchases (see § 56.1 -3716, Code
of Virginia, for limitations).
(4) (1) For carnivals, circuses and speedways, $500 for each performance held in this jurisdiction
(see § 58.1 -3728, Code of Virginia, for limitations).
(74 (_2) For fortune tellers, clairvoyants and practitioners of palmistry, $1,ODO per year, and is
nonproratable and nontransferable.
(8) M For massage parlors, $20D per year, and must meet the requirements of Chapter 112 of the
Frederick County Code, and is nonproratable and nontransferable.
(g) [44) For itinerant merchants or peddlers, $500 per year (see limitation § 58.1 -3717, Code of
Virginia). This license is nonproratable and nontransferable. For limitations for dealers in
fireworks or explosives, see sSubsection SC(94J(a) below. Detailed explanation of itinerant and
distressed vendors is found later in this article.
(a) Each person dealing in the sale of fireworks or explosives and who sets up a temporary
location must first comply with the Fire Marshal and the Zoning Administrator's office and
because of the nature of the merchandise shall be issued an itinerant merchants license for a
period of not more than 30 days, nonproratable.
(b) No persons shall be exempt from the payment of the license tax imposed by this section by
reason of associating temporarily with any local merchant, dealer or trader or by reason of
conducting such business in the name of any local merchant, dealer, trader or auctioneer.
(40)IM For photographers, $499-J30 year, if without regularly established places of business in
this Geunty eFstate, d A s limited under § 58.1 -3727, Code of Virginia.
(414(6 For permanent coliseums, arenas or auditoriums having a maximum capacity in excess of
10,000 persons, open to the public, $1,000 per year.
(42)fn For savings and loan associations and credit unions, $100- 5�0 per year only if the main office
is located within this County.
(43{JU For direct sellers as defined in § 58.1- 3719.1, Code of Virginia, with total annual sales in
excess of $4,000, $0.20 per $100 of total annual retail sales or $0.05 per $1 OD of total annual
wholesale sales, whichever is applicable.
04)M For sale of alcoholic beverages:
(a) Every person who shall engage in the business of manufacturing, bottling, wholesaling or
retailing alcoholic beverages shall obtain a license therefor and shall pay therefor the license
tax hereinafter provided.
[1] Distillers license. For each distiller's license, the license tax shall be $500 per annum,
provided that no license shall be required of any distiller manufacturing not more than
5,000 gallons of alcohol or spirits, or both, during such license year.
[2] Winery license. For every winery license, the license tax shall be $500 per annum,
provided that no license shall be required of any winery manufacturing not more than
5,000 gallons of wine during such license year.
[3] Brewery license. For each brewery license, the license tax shall be $500 per annum.
[4] Bottlers license. For each bottlers license, the license tax shall be $150 per annum.
[5] Wholesale beer and wine license. For each wholesale beer license, the license tax shall
be $200 per annum.
[6] Retail on- premises wine and beer license. For each retail on- premises wine and beer
license, the license tax shall be $20 per annum.
[T] Retail off - premises wine and beer license. For each retail off -premises wine and beer
license, the license tax shall be $20 per annum.
(b) For each mixed beverage license for restaurants, including restaurants located on premises
of and operated by hotels and motels, the license tax shall be
[1] One hundred dollars per annum for each restaurant with a seating capacity at tables for
50 to 1DO persons.
[2] One hundred fifty dollars per annum for each restaurant with a seating rapacity at tables
for more than 1DO but not more than 150 persons.
[3] Two hundred dollars per annum for each restaurant with a seating capacity at tables for
more than 15D persons.
[4] Two hundred dollars per annum for each private, nonprofit dub operating a restaurant on
the premises of such club.
(c) The aforesaid license shall be as respectively defined by the Act of the General Assembly,
known as the "Alcoholic Beverage Control Act,' and the terms "alcoholic beverages,"
"alcohol," "spirits" and "wine," wherever used in this article, shall reflect the meanings
respectively ascribed to them by such Act
(d) No license shall be issued under this section to any person unless such person shall hold or
secure simultaneously therewith the proper state license required by the Alcoholic Beverage
Control Act, which state license shall be exhibited to the Commissioner of the Revenue, and
all dining rooms, restaurants, lunchrooms and clubrooms wherein the beverages herein
defined are sold for consumption on the premises shall at all times be open to inspection by
the State Police and the police or Sheriffs authorities of this County; provided, further, that all
storerooms or other buildings from which deliveries are made, either at wholesale or retail,
whether they are bottlers, wholesalers or retailers, shall at all times be open to inspection by
State Police and police or Sheriffs authorities of the County. Any violation of the terms of this
provision shall be sufficient grounds for the revocation of the license issued in accordance
with this section.
(e) No alcoholic beverage license shall be prorated or transferable.
(f) This tax shall be in addition to applicable license taxes based on gross receipts or gross
purchases. In imposing retail merchant license taxes measured by gross receipts, the term
.. gross receipts" shall be construed to include receipts from the sale of alcoholic beverage by
persons licensed under this section. In computing gross receipts, alcoholic beverages shall
be included in the base for measuring such license taxes the same as if the alcoholic
beverages were nonalcoholic. No alcoholic beverage license levied under this section shall
be construed as exempting any license from any merchant license tax, and such merchant
license tax shall be in addition to the alcoholic beverage taxes levied under this section.
Enacted this _ day of _, 2009.
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove Bill M. Ewing
Philip A. Lemieux Gene E. Fisher
Charles S. DeHaven, Jr.
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
I3131` el -miall 1Sj
TO: John R- Riley, Jr.
County Administrator
FROM: Roderick B. Williams p /
County Attorney 6 W
DATE: May 11, 2009
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia&o.frederick.va.us
RE: Corrective Amendment to County Code § 155 -96 re Business License Fees
The Commissioner of the Revenue previously contacted me regarding the correct
application of state law conceming the business license tax that may be imposed on transient
photographers. My conclusion, after looking g into the matter, was that the current County Code
provision, § 155- 96(B)(10), is in conflict with state law. Specifically, the provision purports to
impose a license tax of $100 per year on transient photographers. State law, however, provides
that, for photographers having no regularly established place of business in the Commonwealth,
the license tax imposed by a locality with a population of greater than 2,000 may not exceed $30
per year. Va. Code § 58.1 -3727.
In the course of my then discussing this matter with the Commissioner, the
Commissioner also noted that § 155- 96(B), taken together with § 155- 96(A), which makes
different provision for business activities with annual gross receipts below $100,000, is unclear
as to the calculation of the business license tax for the specific business activities noted in § 155 -
96(B)(6) through (14). Namely, according to state law, the business license taxation of such
particular activities is to be determined by criteria other than gross receipts. 'Therefore, the
current placement of such provisions in § 155 -96(B) may be incorrectly suggesting that such
activities are subject to flat business license tax amounts for annual gross receipts below
$100,000 and no business license tax for annual gross receipts below $4,000.
107 North Kent Street • Winchester, Virginia 22601
I have prepared the attached draft revised § 155 -96, which would resolve the
inconsistencies between the County Code and state law. The draft revision moves items (6)
through (14) of § 155 -96(B) to a new § 155- 96(C), which contains clear prefatory language (the
draft revision also clarifies the prefatory language of subsections A and B). The new § 155 -
96(C) is consistent with state law as to the business activities it covers, as it provides that such
activities are subject to certain flat rate assessments, irrespective of gross receipts amounts. With
specific respect to the matter concerning photographers, the draft revision modifies current
County Code § 155- 96(B)(10) (which appears as § 155- 96(C)(5) in the draft revision) to change
the tax amount to $30. Along similar lines, the draft revision would change the license tax
provision for savings and loan associations and credit unions to $50 per year, to be consistent
with state law. See Va. Code § 58.1 -3730. The draft revision also modifies the remainder of the
language concerning photographers, regarding `without regularly established places of business"
to match that in Va. Code § 58.1 -3727.
Separately, in my overall review of County Code § 155 -96, I noticed that the preface in
subsection A refers to "Every person or business subject to licensure under this article ", while
the preface in subsection B refers to "every such person or business ". For sake of clarity,
subsection B should likewise include the^ `subject to licensure under this article language.
Consequently, the draft revision also makes this change. Finally, the draft revision adds .99 to
the $14,999 ceiling in § 155- 96(A)(I), to provide absolute clarity regarding the gross receipts
brackets.
The Commissioner of the Revenue has reviewed the draft and concurs with it. I am
available to answer any questions concerning the Virginia or County Code provisions regarding
business license taxes and, in particular, the tax applicable to transient photographers.
Attachment
cc: Honorable Ellen E. Murphy, Commissioner of the Revenue
LIS> Code of Vimnia> 58.1 -3727
Page 1 of I
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§ 58.1 -3727. Photographers with no regularly established place of business in the Commonwealth; rate limitations.
For the purpose of license taxation pursuant to § 5 8 8,1 -3707, the term "photographer" shall mean any person,
partnership or corporation having no regularly established place of business in the Commonwealth who provides
services consisting of the taking of pictures or the making of pictorial reproductions in the Commonwealth. The
term shall also include every employee, agent or canvasser for such photographer. Nothing in this section shall apply
to (i) amateur photographers who expose, develop and finish their own work and who do not receive compensation
for such work or receive compensation for performing any of the processes of photography; (ii) coin- operated
photography machines; or (iii) photographers providing service in the course of their employment by newspapers,
magazines or television stations.
The license tax levied on photographers by a county, city or town with a population of 2,000 or less shall not exceed
ten dollars per year in a county, city or town with a population greater than 2,000 the tax shall not exceed thirty
dollars per year.
(Code 1950, § 58- 393.1; 1958, c. 527; 1972, c. 345; 1982, c. 633; 1984, c. 675.)
Prev I next j new search j table of contents I home
http: / /leg f.st ate. va .us /cgi- bin,9egp504.exe ?000+cod +58.1 -3727 5/20/2009
US> Code of Virginia> 58.1 -3730 Page 1 of I
orev I next
§ 58.1 -3730. Savings institutions and credit unions; limitations.
Any license tax levied by a county, city or town on savings institutions or on state - chartered credit unions shall be
no greater than fifty dollars and shall be levied only where the main office of such savings institution or credit union
is located.
(Code 1950, § 58- 266.10; 1982, c. 633; 1984, c. 675; 1991, c. 430; 1996, c. 77.)
Prev I next I new search table of contents I _home
http:,','Itgl.state,va.us/c2i-bin/legp5O4 exe?000+cDd+58.1-3730 5/20/2009
LOCATION The property is located in the northeast quadrant of the intersection of Martinsburg Pike
(Route 11) and Old Charles Town Road (Route 761).
BOARD OF SUPERVISORS UPDATE & EXECUTIVE SUMMARY FOR THE 06/24/09
MEETING:
The Applicant submitted a revised Final Proffer Statement, Dated June 2, 2009, which addresses
several of the discussions from the Planning Commission, including the Commission's recommendation
that the entrance on Old Charles Town Road (Route 76 1) should be moved further east in collaboration
with the owners of Parcel Number 42 prior to the Board's review of this request. An agreement has
been made with the adjacent property owner and the proffer has been revised accordingly to provide for
a joint entrance at a central location on Old Charles Town Road.
The Proffer Statement also reflects the Applicant's with the acceptance of the change in the proffered
transportation dollar amount for the Hopewell/Bmcetown Road improvements from $10,000 to
$25,000; and, if a convenience store with gasoline pumps would be the land use developed, the $25,000
contribution would increase to $50,000
This final Proffer Statement is in an acceptable legal form.
As stated within the staff report, the land uses proposed in this rezoning are generally consistent with
the Northeast Land Use Plan and the commercial designation for this intersection. The application
provides a level of sensitivity to the identified Developmentally Sensitive Areas, addresses the
appearance of the Route 11 corridor, and provides transportation improvements adjacent to this site as
generally identified for this corridor. The Applicant's revised transportation proffer, which includes a
potentially greater monetary contribution than previously offered ($25,000 to $50,000), attempts to
address the additional impacts to the Martinsburg Pike corridor including the Hopewell/Bmcetown
Road 'intersection.
The Planning Commission recommended approval of this application at their 05/20/09 meeting.
REZONING APPLICATION #02-09
THE BISHOP -AMARI PROPERTY
y q�
b'
Staff Report for the Board of Supervisors
Prepared: June 15, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
•
Reviewed Action
Planning Commission:
04 /15/09 Tabled 30 Days by Planning Commission
05/20/09 Recommended approval
Board of Supervisors:
06/24/09 Pending
PROPOSAL To rezone 2.77
acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Uses.
LOCATION The property is located in the northeast quadrant of the intersection of Martinsburg Pike
(Route 11) and Old Charles Town Road (Route 761).
BOARD OF SUPERVISORS UPDATE & EXECUTIVE SUMMARY FOR THE 06/24/09
MEETING:
The Applicant submitted a revised Final Proffer Statement, Dated June 2, 2009, which addresses
several of the discussions from the Planning Commission, including the Commission's recommendation
that the entrance on Old Charles Town Road (Route 76 1) should be moved further east in collaboration
with the owners of Parcel Number 42 prior to the Board's review of this request. An agreement has
been made with the adjacent property owner and the proffer has been revised accordingly to provide for
a joint entrance at a central location on Old Charles Town Road.
The Proffer Statement also reflects the Applicant's with the acceptance of the change in the proffered
transportation dollar amount for the Hopewell/Bmcetown Road improvements from $10,000 to
$25,000; and, if a convenience store with gasoline pumps would be the land use developed, the $25,000
contribution would increase to $50,000
This final Proffer Statement is in an acceptable legal form.
As stated within the staff report, the land uses proposed in this rezoning are generally consistent with
the Northeast Land Use Plan and the commercial designation for this intersection. The application
provides a level of sensitivity to the identified Developmentally Sensitive Areas, addresses the
appearance of the Route 11 corridor, and provides transportation improvements adjacent to this site as
generally identified for this corridor. The Applicant's revised transportation proffer, which includes a
potentially greater monetary contribution than previously offered ($25,000 to $50,000), attempts to
address the additional impacts to the Martinsburg Pike corridor including the Hopewell/Bmcetown
Road 'intersection.
The Planning Commission recommended approval of this application at their 05/20/09 meeting.
Rezoning #02 -09 — The Bishop -Amari Property
June 15, 2009
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
PROPOSAL To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Uses.
LOCATION The property is located in the northeast quadrant of the intersectionof Martinsburg Pike
(Route 11) and Old Charles Town Road (Route 761).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBER 44 -A -43
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Residential
ADJOINING PROPERTY ZONING & PRESENT USE
North: RA (Rural Area) Use: Residential
South: RA (Rural Area) Use: Agriculture
East: MI (Light Industrial) Use: Vacant
West: RA (Rural Area) Use: Residential / Vacant
M 1(Light Industrial) Residential
Rezoning #02 -09 — The Bishop -Amari Property
June 15, 2009
Page 3
REVIEW EVALUATIONS:
Virginia Dept of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Routes 11 and 761. These routes are the VDOT
roadway which has been considered as the access to the property. VDOT is satisfied that the
transportation proffers offered in the Bishop -Amari Rezoning Application dated March 5, 2009 address
transportation concerns associated with this request. Before development, this office will require a
complete set of construction plan detailing entrance designs, drainage features, and traffic flow data
from the I T E Trip Generation Manual Seventh Edition for review. VDOT reserves the right to
comment on all right -of -way needs, including right-of-way dedications, traffic signalization and off -site
roadway improvements and drainage. Any work performed on the State's right -of -way must be covered
under a land use permit. The permit is issued by this office and requires an inspection fee and surety
bond coverage.
Fire Marshal Plan approval recommended
Public Works Department: 1. Refer to Suitability of the Site: Expand the discussion to include a
detailed description of the site with specific references to the existing dwellings, existing well locations,
if applicable, and existing drainfields. Any wells and/or drainfields should be located on the aerial
overview plan. Future designs should address the disposition of these items in accordance with Health
Department criteria. 2. Refer to Other Environmental Features: This discussion should be expanded to
include the fact that the site is underlain by karst limestone with the potential for sinkhole development.
The existence of sinkholes should be included with the master development plans or site plan design,
whichever occurs first. 3. Refer to Site Drainage: During the site plan design phase, it will be
necessary to verify the adequacy of the drainage structures (culverts and ditches) associated with the
intersection of Route 11 and Route 761 _ This evaluation shall be accomplished in conjunction with the
analysis of the design of the onsite BMP facility.
Department of Inspections: If existing structures have a change of use or are removed, a building
permit is required. Change of Use from Residential to Commercial on existing structures shall comply
with the 2006 Virginia Uniform Statewide Building Code, The 2006 International Existing Building
Code, and ICC /AMSI At 17.1 -03 for accessibility. Asbestos inspections shall be required for any
demolitions and/or renovations.
Sanitation Authority: There is a 10" water line along US 11 to a 16" water line along Old
Charlestown Road. There is no sewer in this area. The sewer lines shown on the "Rezoning W &S
Lines" drawing have not been installed.
Service Authority: No comment
_ Health Department: No comments
Rezoning 402 -09 — The Bishop -Amari Property
Ame 15, 2009
Page 4
Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the
Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall
outside of the airport's Part 77 close in surfaces.
Historic Resources Advisory Board: Please see attached letter dated January 26, 2009, signed by
Amber L. Powers, HRAB Staff.
Frederick Countv Attorney: Please see attached letter dated January 15, 2009 from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memo dated December 31, 2008from Michael T Ruddy,
AICP, Deputy Planning Director.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County_ It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The parcel comprising this rezoning application is located within the County's Sewer and Water
Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The
Northeastem Frederick Land Use Plan generally provides for commercial uses in the vicinity of
this site and along Route 11, Martinsburg Pike. Further, the development of business and
commercial land uses is encouraged at signalized road intersections. The Plan also recognizes
the Developmentally Sensitive Areas (DSA's) which me in the immediate vicinity of the site.
The application of quality design standards for future development is also an objective of the
Plan.
Rezoning 402 -09 — The Bishop -Amari Property
June 15, 2009
Page 5
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County.
The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility
and is further defined as an urban four-lane divided facility with a landscaped median. Old
Charlestown Pike is identified with an urban two -lane designation. The Plan states that
proposed industrial and commercial development should only occur if impacted roads function
at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates
Route 11 as a short-term designated route.
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered one right -in right -out
commercial entrance on Martinsburg Pike and a full commercial entrance to and from the
property on Old Charlestown Road. Pedestrian accommodations have been provided along the
road frontages of this project.
2) Site Suitability/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. This
area is also known for karst topography. The Frederick County Engineer has identified that a
detailed geotechnical analysis will be needed as part of the master development plan or detailed
site plan design. The Historic Resources Advisory Board has offered suggestions for this
project which have been incorporated into the application.
3) Potential Impacts
A. Transportation
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 20,000 square feet of
commercial uses, including a restaurant, and a 16 pump gas station. The TLA indicates that
Level of Service C conditions or better will be maintained on study roads and intersections with
the proposed signalization of Old Charles Town Road and Route 11, for which the Stephenson
Village project has proffered the construction. The applicant bas proffered a variety of
improvements to the properties road frontages and to the signalization of the intersection of Old
Charlestown Road and Martinsburg Pike.
This, and recent TIA's, have also demonstrated level of service and lane geometry issues at the
intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook- The ultimate solution to
this intersection has yet to be determined. Previous applications have participated in providing
a solution to achieve acceptable levels of service at this intersection by providing a monetary
contribution in various amounts that may be used to allow for the development of improvements
in the general area of this intersection.
Rezoning #02 -09 — The Bishop -Amari Property
.Tune 15, 2009
Page 6
A monetary contribution has been proffered in the amount of $5,000 that may be applied to the
above referenced intersection improvements at Martinsburg Pike and Hopewell and Bmcetown
Roads.
The TIA modeled the intersection of Route 11 and Route 761. This application provides for
improvements to the intersection and to Route 11 and Route 761 consistent with the T1A in all
locations with the exception of the second north bound through lane at the northbound approach
to the intersection of Route I 1 and Route 761.
A raised median of some sort should be considered on Route I1 directly across from the
proposed tight -in right -out entrance as part of the initial construction of this project. This would
ensure that no left turns can be made into the site from south bound Route 11 such as is
experienced in other locations within the County. It would further achieve the divided section
called for in the Comprehensive Plan.
It may be preferable for this application to also consider median separation of the east and west
bound lanes of Route 761 and further delineate the left turn lane into the site. This would appear
to be able to be accomplished without any additional right-of-way or pavement impacts and may
also be more cost efficient The provision of an additional area of raised median adjacent to the
Tight turn lane from Route 761 to Route 11 is a good improvement to this intersection. The use
of raised medians would further define the intersection, safely control turning movements, and
significantly benefit pedestrians who may be more prevalent in this area in the future.
B. Design Standards
The project's location on a major corridor and adjacent to an area identified as a
developmentally sensitive area warrants particular attention. This attention is provided in the
application by a combination of proffered commitments aimed at designing the development of
the site.
These include a commitment to the building placement which provides that no parking spaces
or travel aisles will be between 0 occupied structures and the public street frontages, and
building height, lighting, roofline, and construction material standards. Further, commitments
have been made regarding any future gasoline fueling islands, particularly their location which
ensures they would also be located behind any occupied commercial structures.
The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to the
occupied commercial structures and a historic information kiosk located on the plaza area which
will be designed in consultation with the HRAB. The Historic Resources Advisory Board has
been instrumental in working with the Applicant to appropriately address the interpretation of
the historic resources of this area.
Rezoning 4 102 -09 —The Bishop -Amari Property
_ June 15. 2009
Page 7
The signage must be consistent with current ordinance requirements.
The Applicant has proposed additional landscape screening between the parking areas and
public streets; this should be in addition to any required by Ordinance. The amount has been
further defined Buffer and screening must meet current ordinance requirements. In addition,
the applicant has proposed additional evergreen screening adjacent to the property to the west.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However, it is
recognized that commercial uses generally provide a positive impact on community facilities
through the additional generation of tax revenue. This application makes an effort to address the
impacts to Fire and Rescue services by providing a monetary contribution in an amount of $0.10
per square foot of developed commercial structural area. Please recognize that this may generate
up to $2,000 for fire and rescue services.
Proffer Statement— Dated October 27,2008; revised March 16, 2009, April 16, 2009, & June 2, 2009.
A) Land Use
The Applicant has proffered to limit the development of the site to a maximum of
20,000 square feet of structural commercial development which may include up to 5,000
square feet of restaurant use. This has been modifwd to eliminate the restaurant
limitation, However, the trip generation identified in the TL4 may not be exceeded In
addition, a maximum of 16 gasoline pumps may be developed on the property. A variety
of land uses have been proffered out by the Applicant.
B) Transportation
The Applicant has proffered a variety of improvements to the property's road frontages
and to the signalization of the intersection of Old Charlestown Road and Martinsburg
Pike, including right -of -way dedication. Included as part of the proffer statement are
exhibits that depict the proffered improvements.
A right - in right -out entrance is proffered along Martinsburg Pike and a full commercial
entrance along Old Charlestown Road. The Route 761 entrance is to be shared with the
adjacent property to the east resulting in one commercial entrance along this part of
Route 761. Interparcel parking lot access is proffered with the adjacent properties to the
east and west.
A monetary contribution has been proffered in the amount of $5,000 that may be applied
to intersection improvements at Martinsburg Pike and Hopewell and Brucetown Roads.
The latest amount of this monetary contribution is $25,000 with a potential increase
to $50,000 should a gasoline service station be located on the property.
Rezoning #02 -09 — The Bishop -Amari Property
June 15. 2009
Page 8
C) Site Desien
The application provides several proffered commitments aimed at designing the
development of the site including; a commitment to the building location, building
height, lighting, roofline, and construction material standards. Further, commitments
have been made regarding any future gasoline fueling islands, particularly their
location.
The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to
the occupied commercial structures and a historic information kiosk located on the plaza
area. Additional landscaping and buffering is also proposed by the Applicant.
D) Community Facilities
The Applicant proffers a monetary contribution in an amount of $0.10 per square foot of
developed commercial structural area Please recognize that this may generate up to
$2,000 for fire and rescue services.
STAFF CONCLUSIONS FOR THE 04/15/09 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this intersection. The application provides a level of sensitivity to the
identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and
provides transportation improvements adjacent to this site as generally identified for this corridor. The
Commission should ensure that a satisfactory level of expectation has been met regarding 1) site design
considerations along the properties frontages, and 2) sufficient value in the transportation contributions
aimed at addressing the transportation impacts of this project and the necessary offsite transportation
improvements.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 4/15/09 MEETING
Commission members questioned the applicant about his method for arriving at the proffered monetary
contribution towards transportation impacts, specifically, at the intersection of Martinsburg Pike and
Hopewell and Btucetown Road. The applicant had stated the monetary contribution was derived from a
comparison of acreages of other projects in the vicinity which had also made transportation
contributions. Commission members preferred the applicant use the site's traffic generation impact,
rather than the size of the parcel, as a more accurate comparison to determine this particular project's
contribution.
A member of the Commission asked if there had been discussion about doing a joint entrance and a
shared easement with the Cutshaw's Ml parcel, which would eliminate the need for a buffer; he
commented it would gain the applicant 25 feet or more by placing half the road on the adjoining
Cutshaw property. It was also mentioned that Parcels 47 and 42 would have inter -parcel connection
through the access road out to Old Charles Town Road; a member of the Commission asked if
something would be set up inside the site to prevent vehicles from exiting through the right turn in,
Rezoning #02 -09 — The Bishop -Amari Property
June 15, 2009
Page 9
right rum out access. The applicant said the proffer didn't specify there would be reciprocal
ingress /egress easements, but if that was something the Commission was interested in, the applicant
could add it.
Commission members asked for clarification on the number of gasoline fueling points that were
proffered by the applicant. The applicant said it was not the intention to try to get additional pumps
because he didn't think more would fit on the site. The applicant offered to rewrite the proffer to state,
"eight fueling stations for a total of 16 pumps"
No citizens came forward to speak during the public comment portion of the hearing.
The Planning Commission voted unanimously to table the rezoning application for 30 days, at the
applicant's request, in order to provide enough time for the applicant to revise the proffers dealing with
the monetary contribution, some of the design elements, and landscaping.
(Note: Commissioner Manuel was absent from the meeting.)
PLANNING COMMISSION SUMMARY AND ACTION OF THE 05120/09 MEETING
During his presentation, the applicant proposed to increase the proffered monetary contribution aimed at
mitigating transportation impacts at the intersection of Martinsburg Pike and the Hopewell and
Brucetown Roads intersection from $10,000 to $25,000 and, if a convenience store with gasoline pumps
would be the land use developed there, the $25,000 contribution would increase to $50,000. In
addition, proffer language had been clarified to state, .....a maximum of eight pumps with two fueling
positions each, for a total maximum of 16 fueling positions." Furthermore, the applicant stated the
Planning Commission wanted to make sure the reciprocal egress/ingress easement for Parcels 42 and 47
was only for access to Old Charles Town Road (Route 761) and this also has been provided in the
revised proffer statement. Regarding the right turn in, right turn out entrance off Martinsburg Pike
(Route 11), the applicant said the island medianwas significantly extended, which creates a channelized
movement for turning into the property and discourages any left -turn movements.
Members of the Commission asked if the access drive in the rear of the property could be shifted to the
east and the entrance moved on Old Charles Town Road (Route 761), thereby eliminating the inactive
portion of the buffer and gaining the applicant 25 feet. Staff noted there is an opportunity for the two
property owners to enter into a shared easement agreement; the inactive portion of the buffer could be
placed on the Ml property and the road constructed down the property line.
There were no citizen comments. The Planning Commission voted unanimously to recommend
approval of the rezoning with the acceptance of the change in the proffered transportation dollar amount
for the Hopewell/ Brucetown Road improvements from $10,000 to $25,000; and, if a convenience store
with gasoline pumps would be the land use developed, the $25,000 contribution would increase to
$50,000; and, with a recommendation that moving the entrance on Old Charles Town Road (Route 761)
further east be fully discussed and considered between the applicant and the owners of Parcel Number
42 and a response provided to the County before this rezoning is forwarded to the Board of Supervisors.
Rezoning #02 -09 —The Bishop -Amari Property
June 15, 2009
Page 10
(Note: Commissioners Thomas and Ruckman were absent from the meeting.)
STAFF UPDATE FOR THE 06/24/09 BOARD OF SUPERVISORS MEETING:
During the Planning Commission's review of this request the following items were addressed by the
Applicant:
The Road Improvement Exhibit submitted as part of the Proffer Statement was modified to
reflect a modified right in/right out entrance on Martinsburg Pike. No additional median
improvements are proposed at this time. The ability remains within the proffer to provide for
additional left turn control measure on Martinsburg Pike at some point in the future should the
designed entrance not be effective at prohibiting left turn movements into the property. The
gasoline pump limitation was clarified to state eight pumps with two fueling positions each
(maximum of 16 fueling positions), as was the inter parcel access to the property to the east. In
addition, the Applicant provided a detailed description of the quantity and location of the
landscape screening and corridor enhancement buffering which will enhance the public street
frontages of the property.
The Applicant submitted a revised Final Proffer Statement, Dated June 2, 2009, which addresses the —
Commission's recommendation that the entrance on Old Charles Town Road (Route 761) should be
moved further east in collaboration with the owners of Parcel Number 42 prior to the Board's review of
this request. An agreement has been made with the adjacent property owner and the proffer has been
revised accordingly to provide for a joint entrance at a central location on Old Charles Town Road.
The Proffer Statement also reflects the Applicant's with the acceptance of the change in the proffered
transportation dollar amount for the HopewellBrucetown Road improvements from $10,000 to
$25,000; and, if a convenience store with gasoline pumps would be the land use developed, the $25,000
contribution would increase to $50,000
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this intersection. The application provides a level of sensitivity to the
identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and
provides transportation improvements adjacent to this site as generally identified for this corridor. The
Applicant's revised transportation proffer, which includes a potentially greater monetary contribution
than previously offered ($25,000 to $50,000), attempts to address the additional impacts to the
Martinsburg Pike corridor including the HopewellBrucetown Road intersection.
Following the required public hearing, a decision regarding this rezoning application by the
Board ojSupervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board oJSupervisors. _
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
January 26, 2009
Mr. Evan Wyatt
Greemvay Engineering
i < I Windv Ri'. L: c
Wmchester VA 2 2,`.02
RE: Bishop - Amari Application Requesting the Rezoning of 2.77 acres from RA to B2 for
Commercial Use.
Location: 2456 Martinsburg Pike, Winchester, VA
Property Identification Number (PIN): 44 — A — 43
Current Zoning District: RA (Rural Area)
Dear Mr. Wyatt:
The Fredenck County Historic Resources Advisory Board (HR.AB) considered the above referenced
rezoning proposal during their meeting on January 13, 2009. The HRAB reviewed infornrelion associated
with the Frederick County Rural Landm Survey Renort the Virginia Department of Historic
Resources, as well as inforrnation provided by Deg +'b== Engineering.
Historic Resources Advisory Board Concerns
The proposal seeks to rezone 2.77 acres of land from RA [Rural Areas) District to the B2 (Business
General) District for Commercial uses. The property is located at 2456 Martinsburg Pike at the
ip f, rsecrion of Martinsburg Pike (Route 11) and Old Charles Town Road (Route 76!).
).
The Study of Civil War Sites in the Shenaodoah Valli published by the National Park Service,
identifies the Bishop -Arnari Property as being located within the bounds of the Second Winchester Core
Battlefield. The property is adjacent to land that bas retained much of its historic integrity and Is
designated as a Development- Sensitive Area.- (including the McCann property to the south of Old
Charles To. m Road).
The Rural Landmarks Survey Report for Frederick County, Virgirda, idemifies four structures within the
immediate area of the subject site, one structure. is located on-site, and one on -site stricture teas recently
demolished.
Hoover's Auto Exchange ( #34- 944) —was located on site has recently he demolished
Hoover, Button House ( 434 -945) — located on site
Jackson, Edgar House ( #34 -942)
. Mason- Hoover House ( 434 -943) -
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
Mr. Evan Wyatt
RE: Bishop - Amari Application Requesting the Rezoning of 2.77 acres from RA to B2 for Commercial Use
January 26, 2009
Page 2
The Rural Landmarks Survey does not identify any of these structures as potentially significant, nor do
any of the structures qualify for the national or state register of historic places.
The applicant has attempted to address the impacts of the proposed development on the surrounding area
in the proffer statement:
• Maximum of 20,OOOsf of commercial structure area (excluding gasoline pumps).
• Maximum of 5,O00sf of restaurant area (part of the 20,000st).
• Certain uses are prohibited on the site: communication facilities, truck stops, hotels/motels,
organization hotels and lodging, car washes, miscellaneous repair services, motion picture
'.heaters, amusement and - recreation services otremt d ;n +ocr € goI r'—ir v Pg *_ o Ps!miniaturP golf,
adult retail.
• All buildings shall be oriented towards Martinsburg Pike and Old Charles Town Road.
• The site will have a 2,OOOsf plaza.
• The applicant will develop a kiosk that will be located on the plaza area, which will be utilized as
an information center for historic features within the community. The applicants will work with
the HRAB in the development of the information displayed.
The proffers indicate that the site may be developed as a gas station with up to 16 pumps, all of which
would be positioned away from the road so as to not be visible.
The Historic Resources Advisory Board members raised several concerns during their discussion of this
application, including:
Limiting Corporate Architecture and limiting designs to the use of local materials and styles:
The Board expressed their desire to see stronger language in the proffers ensuring that locally
prevalent architectural materials and styles would be used for the buildings. Members included a
request that the applicant consider restricting construction to framed buildings rather than
cement. The Board also specifically discussed their concems regarding the potential
construction of trademarked commercial structures that would disrupt the visual integrity of the
su. ^.ongdino area.
• Location of the informational kiosk and plaza: Members expressed their desire to see the plaza
located directly across from the McCann property rather than on the comer of Old Charles Town
Road and Martinsburg Pike. This would provide a more welcoming location for pedestrians. In
order to shield the potential gas pumps towards the rear of the property, the Board recommended
that the plaza include a landscape screen or opaque fence.
• Members expressed their desire that the applicant include proffers not to build a drive - through
restaurant, as such a layout would be aesthetically detrimental to the battlefield area, just as
visible gas pumps would be detrimental.
• Kiosk design: Board members discussed possible kiosk designs and agreed to be included in the
review of the final kiosk design during site plan approval.
Mr. Evan Wyatt
RE: Bishop - Amari Application Requesting the Rezoning of 2.77 acres from RA to B2 for Commercial Use
January 26, 2009
Page 3
After reviewing this information and the applicant's materials and proposals, the Historic Resource
Advisory Board voted unanimously to support the Bishop -Amari Rezoning Application, provided that
the proffers include the following:
1. Proffer language guiding / restricting the materials and architectural styles to be allowed within
the project.
.�.. Proffer laag`,ragc preventing ue We c• * *" corpar:ue` o dclilak t c:ui c t - a.. dcsig .'><- .ve - .c_
characteristic of traditional, local architecture.
3. Inchide drive - thru's in the proffered list of excluded uses.
4. Assure that, in addition to requiring that buildings be located irnmediately alongside the
roadwa y. structures will have permeable surface (both doors and windows) along at icast the fast
floor.
In addition to these recommendations, members also acknowledged their agreement with the proffer
language outlining the design and installation of a historic information kiosk. Board members were
open to and pleased with the applicant's request that HRAB members be involved in reviewing and
-" approving the final kiosk's content and design. _
Please contact me with any questions concerning these comments from the HRAB.
Sincerely,
_Aral her Powers
HRAB Staff
ALP /bad
cc: Rhoda Kriz, HRAB Chair
COUNTY of FREDERICK
Roderick B. Williams
County Attorney
540!722 -8383
Fax 540/667 -0370
E -mail:
rwillia @co.fredenck.va.us
January 15, 2009
VIA FACSIMILE — (540) 722 -9528 — AND REGULAR MAIL.
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
Re: Rezoning Application, Parcel Number 44 -A43,
Bishop -Amari Property — Proffer Statement dated October 27, 2008
Dear Evan:
I have reviewed the above - referenced proposed Proffer Statement. It is my opinion that
the Proffer Statement would be in form to meet the requirements of the Frederick County
Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer
statement, subject to the following:
1. Proffer A3 - Regarding proffered out uses, staff will want to review this list to
determine whether the remaining allowed uses are appropriate for the Property. Also,
staff will want to determine whether any further definition is appropriate for "Truck
Stops ", which are a subset of SIC 5541(Gwoline Service Stations), including, for
example, the types of goods and services offered at the establishment, how they are
offered/marketed, and- the available at the establishment.
2. Proffers B 1, B2, and B4 —The Proffer Statement should indicate, for Proffers B 1 and
B2, that the Road Improvement Exhibit is attached. Also, for all three Proffers, a
better - defined final completion date for the proffered improvements, such as, by the
time of issuance of the fast building permit or by the time of issuance of the
occupancy permit, rather than "during the development of the first Site Plan approved
for the Property", would be appropriate.
3. Proffers B5 and D —The phrase "at the time of building permit issuance for the first
Site Plan approval on the Property" (or similar phrase) may be somewhat ambiguous
and cumbersome, in terms of defining a triggering event. It may be better simply to
state it as "prior to issuance of the fast building permit for the Property".
107 North Kent Street • Winchester, Virginia 22601
Mr. Evan Wyatt, AICP
January 15, 2009
Page 2
4. Proffers section C generally — In several of the Proffers throughout this section, the
term "occupied commercial structures" appears. . - I would suggest that the mere term
"structures" is likely to suffice in most if not all instances. Otherwise, the basis for
treating whatever structures that may be not "occupied" or not "commercial"
differently is unclear.
5. Proffers Cl and C10 — The factual premise in Proffer C10 (screening between
parking areas and public streets) appears to be at odds with the restriction in Proffer
Cl (no parking between building frontages and public streets). It may be helpful if
the Applicants clarified that they intend to provide the landscaping along the public
streets even though Proffer Cl prohibits parking between the building frontages and
the public streets. Also, it would be appropriate for Proffer C10 to state a deadline by
which the screening is to be completed.
6. Proffers C2 and C3 — It would be appropriate for each of these two Proffers to state a
deadline by which the items (plaza and kiosk) are to be completed.
7. Proffer C9 — Regarding freestanding business signs, some of the proffered height or
size limitations may be the same as (or possibly less restrictive than) the limitations
that already apply by ordinance. See County Code § 165 -30(G) & (H). It may be
best to clarify that the proffered limitations specifically refer to those signs that are
subject to the general catch -all limitations of § 165- 30(G)(7) & (14)(7).
8. The Proffer Statement and the Application will both, of course, require signatures
from both owners or the submission of powers of attorney from both owners.
I have not reviewed the substance of the proffers as to whether the proffers are suitable
and appropriate for this specific development, as it is my understanding that that review will be
done by staff and the Planning Commission.
Sincerely yours,
Roderick B. Williams
County Attorney
cc: Ms. Candice E. Perkins, AICP, Senior Planner, County of Frederick
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
TO: Evan Wyatt, AICP
FROM: Michael T. Ruddy, ASCP �p
Deputy Director
RE: Initial Comments — Bishop Arrant Rezoning Application
DATE: December 31, 2008
The following points are offered regarding the Bishop +'vnart Commercial Rezonirn
Application. This is a request to rezone 2.77 acres from R- to B2 wite Proffers. Pleas.
consider the comments as you continue your worl- preparng tee application ±or
subm -scion to Frederick County. In adattioa, p' :ease ens:rra !hat these convmen+s and ali
review agency comments are adequately addressed.
Land Use.
The property is located in the general mea covered by the Route 11 Nortr Plan; and the
Northeast Land Use Plan. The property - is within the SWSA and is generLy designated
in an area of commercial land use. The business —=dor - expectations of the
Comprehensive Plan should be recognized and should be appl'_ed along Route 1! and
potentially Charles Town Road. In addition, the adjacent DSA's'should be considered
Transportation
This application propoacs lane and intersection rmprove_r.: ms on Route 11 and Roue
761. It may be preferable for this application to also croioider median separation. of the
east and west bound lanes of Route 761 and father deimcate the left turn lane irto L, ".e
sire. Tbis would appear to be able to be acconrpl shed without any additional +ighi of way
or pavement impacts and may also be Fiore oust efficient. !±o additional area of raised
median should be considered adjacent nt the right twn larr Lm Route 761 to Route; 11.
The ace of raised medtans would further define the intern,:ctign, safely control turning
movements, and significantly benefit pegestrians who may ioc more prevalent in mis area
in the nature. -
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Initial Comments —Bishop Amari Rezoning Application
December 31, 2008
Page 2
A raised median of some sort should also be considered on Route 11 directly across from
the proposed right in right out entrance. This would ensure that no left turns can be made
into the site from south bound Route 11 such as'is experienced in other locations within
the County.
The proffered commitment to provide for inter - parcel connectivity to the adjacent parcels
should be flexible in the location of access points for the adjacent property to the east. It
may also be beneficial to identify who would be responsible for connecting the 25'
distance between the access drive and the adjacent property.. Alternately, a specific
location could be determined at this time. This may be helpful with regards to the
proffered landscape screen adjacent to this property line.
In addition, the property to the east is presently zoned Ml. it may benefit the applicant to
design the inter - parcel connection to minimize any potential conflicts between
commercial and industrial traffic.
The TIA modeled the intersection of Route 11 and Route 761. This application provides
for improvements to the intersection and to Route 11 and Route 761 consistent with the
TIA in all locations with the exception of the second north bound through lane at the
northbound approach to the intersection of Route 11 and Route 761. The application
should evaluate if sufficient rightof -way is available in this location to implement this
improvement.
Pedestrian accommodations should be further recognized and provided in a coordinated
manner internal to the project, to and along Martinsburg Pike and Old Charles Town
Road, and at the intersection of these roads.
Proffer Statement.
A Generalized Development Plan has not been provided with this application. A GDP
accompanying the Proffer Statement could be used to further clarify the proffered
conunitments and to address some of the comments identified. The Road Improvement
Exhibit is mentioned in the proffers. However, this exhibit, and any GDP, should be
specifically proffered in the statement.
Additional landscaping in the area identified in proffer 10 is desirable. It should be
clarified that this landscaping is in addition to any required landscaping provided to meet
parking lot landscaping requirements. In addition, the amount of landscaping should be
identified in an effort to avoid potential confusion during future site development. To
this end, the application may want to further define the buffer areas adjacent to the public
streets similar to the nearby Easy Living example. This may include distance of
landscape area, distance of parking lot away from right -of -way, planting schedule etc.
Initial Comments — Bishop Aman Rezoning Application
December 31, 2008
Page 3
Previously, the Board of Supervisors has stated their preference for the developer to deal
directly with the local volunteer companies on any direct monetary contribution for their
benefit. Any contribution to the County should be designated to the County for fire and
rescue purposes.
The proffer statement must be signed by the owner /owners of the property.
General
Particular effort should be made to provide for enhanced design of the project to facilitate
improved corridor appearance along Route I 1 and potentially. Charles Town Road.
In addition to working with the Applicant in the development of information that would
be displayed in the kiosk, the fIRAB should also be used to consider the design of the
kiosk. Any additional recommendations of the HRAB should also be recognized.
One of the existing buildings on the site, the smaller residence 'located closest to the
intersection, is somewhat unique and could be utilized in the redevelopment of the site
and could be reflected in the design of the site. The building may provide an opportunity
to reflect the areas architecture, could be utilized in conjunction with the proffered plaza
area and historic kiosk, or could be a standalone commercial use such as an ice cream
stand.
The Applicant has proffered to utilize similar development themes and construction
materials for all occupied structures. This should also include any gasoline canopies. In
addition, the Applicant could consider a theme that is representative of the site, area, and
context of the location. The previously noted building may be one choice for guiding
such a theme.
I would suggest an evaluation of the existing mature trees on the property to determine if
any can be incorporated into the design of the project. It would be desirable to preserve
such examples if possible.
Additional comments provided by Mr John Bishop, AICP
I. Access on Old Charlestown Road should be as far back from the intersection with
Route I I as possible.
2. Access on Route 1 I should be designed in a manner that minimizes left turns such
as a right in right out or possibly a ngbt in right out with left in only.
3. Inter -parcel access should be provided. Due to the short distance of frontage and
the need to keep this entrance as far north from the intersection of Route 1 I and
Old Charlestown Road as possible. median control will need to instituted on
Route I I to allow for the proposed entrance scenarios.
Initial Comments — Bishop Amari Rezoning Application
December 31, 2008
Page 4
4. Right -of -way and participation for improvements to Route 11 and Old
Charlestown Road should be provided.
5. Bicycle and pedestrian accommodations should be provided along Old
Charlestown Road and sidewalks should be included along Route 11.
Pending the rezoning it will also be important that linkages for these
modes are provided within the site.
6. Right turn lane is included on Old Charlestown Road where it intersects
with Route 11. Consider a free flowing right turn lane with yield to through
traffic.
?. Since two receiving lanes are proposed along the property frontage, consider
marking the right turn lane on Route I 1 at Old Charlestown as a right and
through.
8. There may need to be some cooperation between this rezoning and the Snowden
Bridge Development regarding the proffered signalization of Route 11 and Old
Charlestown Road if that signal is not in the foreseeable future. Please clarify.
9. It should be noted that the lane configuration depicted does not match the TIA
analysis.
Once again, please ensure that all review agency comments are adequately addressed.
Attachments
MTR/dlw
GREENWAY ENGINEERING, mc.
151 NYndy Hill lane
wmdteter Virginia 22602
Mach 18, 2009
Frederick County Planning Department
Attn: Mike Ruddy, Deputy Director
107 North Kent Street
Winchester, VA 22601
RE: BishOD -Amari Martinsbum Pike Commercial Pro perty Rezoning —_Review Agenc
Comment Response Letter
uT- T=b0W
As requested, I have prepared a comment response letter to identify the various matters
considered by the Applicant during the review agency comment period for the referenced
rezoning. I have incorporated information in response to each review agency item within
this letter to assist you with this matter. Please note the following:
VDOT Comment —March 12 2009
Our team has been working with VDOT throughout calendar year 2008 to determine all
issues necessary to mitigate the impacts associated with this project. We have conducted
multiple meetings with the VDOT review team, including field meetings along the
Martinsburg Pike corridor to determine appropriate geometric design parameters and
improvements to existing conditions including the provision of a second thru lane and
continuous right turn lane on Martinsburg Pike, a future left tam lane, a free flowing right
turn lane and raised median on Old Charles Town Road. Additionally, an inter - parcel
access drive, 5 -foot wide pedestrian sidewalks, and right -of -way dedication satisfactory
for the future development on an urban four -lane divided road section on Martinsburg
Pike has been provided. This effort has resulted in a positive comment from VDOT for
the build out of this property.
FCSA Comment — November 11, 2008
Our team has been working with the FCSA Engineer to discuss various matters to ensure
that water and sewer demands are met for this project. A 16 -inch water line adjoins this
site, which has adequate volume and pressure for the proposed commercial development.
The proposed commercial development has been modeled for sewer demand and the
property owners have worked with the Easy Living Associates property owners to obtain
permission to extend sanitary sewer from this site to their approved pump station, which
Engineers Surveyors Planners Environmental 8dendste
Telephone 540-662 4185 FAX 540722 -9528
Project4928S/ AW cow 'eenwayeng rom
will direct effluent to the existing sewer force main. The FCSA Engineer noted that the
sewer lines shown on the Water and Sewer Lines Map were inaccurate; therefore, this
map has been amended to reflect current conditions.
FWSA Comment — November 17, 2008
The proposal for public sewer service will direct effluent to the Opequon Wastewater
Treatment Facility. FWSA has provided an approved comment for this rezoning request.
Building Inspections Comment — November 21, 2008
A paragraph entitled Existing Conditions has been incorporated into the March 16, 2009
Impact Analysis Statement to acknowledge the Building Inspections comments
pertaining to necessary inspections and permits prior to the demolition of existing
structures on the subject properties by the Applicant.
Public Works Comment —January 27 2009
Item 1 — The Impact Analysis Statement has been revised to address the disposition of
drain fields and well serving the existing residential structures when the site is developed
for commercial land use.
Item 2 — The Impact Analysis Statement has been revised to expand on soil types to
identify the underlain karst geology and to identify that geotechnical analysis will be
required to determine the existence of features and mitigation of those features prior to
the development of the site for commercial land use.
Item 3 — The Impact Analysis Statement has been revised to ensue that existing drainage
structures are analyzed to verify their adequacy to accommodate the storm water
management design during the Site Development Plan review process.
Winchester Regional Airport Comment — February 3, 2009
The Executive Director of the Winchester Regional Airport has identified that there are
no impacts and has provided an approved comment for the rezoning request.
Fire and Rescue Comment— November 17, 2008
The Assistant Fire Marshal has provided an approved comment for the rezoning request.
Rojcct 4928S/ AW
Clear Brook Volunteer Fire and Fescue Comment
A complete rezoning application packet was provided to the Clear Brook Fire Chief on
November 10, 2008. Greenway Engineering has been unsuccessful in efforts to obtain
formal comments from this review agency. The Planning Department has determined
that it is appropriate to proceed with this rezoning application based on the approved
comment received from the County Assistant Fire Marshal.
Historic Resources Advisory Bo ard Comment — January 26. 2009
The HRAB recommended that the Applicant proffer language guiding materials and
architectural styles that reflect local architecture in the area of the project, prevent
corporate trademarks, exclude drive -thrus and orient buildings along Old Charles Town
Road that include doors and windows on the first floor of structures facing the roadway.
The Applicants' proffer statement provides design standards that attempt to address
several of these recommendations as follows:
Proffer C(l) requires building placement along Martinsburg Pike and Old Charles Town
Road and prohibits parking lots and travel aisles between these structures on the public
streets. This proffer is intended to ensure that the viewshed from Old Charles Town
Road is oriented towards structures. The prohibition of parking lots and travel aisles
between these structures on the public streets will ensure that drive -thms are not visible
from the viewshed along Old Charles Town, but does not specifically prohibit drive -thm
development if creative design can accomplish this.
Proffer C(5) restricts building materials and requires that these materials are utilized on
all building walls and roof systems. Greenway Engineering conducted an inventory of all
existing land uses on Martinsburg Pike between Interstate 81 Exit 317 and Exit 323 to
determine local architecture of the area. This analysis determined that the primary
building materials for the majority of residential, church, government (post office) and
commercial land uses were brick walls and shingled gabled roofs; however, the
commercial rooflines were predominately flat with parapet walls. Additionally, heavy
commercial land uses were predominately metal building or concrete block, which have
been prohibited by the proffer statement. Therefore, the building materials proffered are
consistent with existing local architecture within the geographic area of the County.
There is not a proposed commercial user at this time; therefore, it is not practical to
proffer specifics such as door and window treatments at this time.
Proffer C(6) and C(8) are provided to address the screening of mechanical equipment and
gasoline canopies to ensure that the viewshed from Old Charles Town Road is protected.
Proffer C(9) is provided to further reduce signage from the recently adopted County sign
ordinance. This new ordinance was determined appropriate by the County and the
P jat49288 W 3
business community; therefore, further restrictions to signage should be viewed as a
positive design commitment by the property owners.
Proffer C(3) is provided to assist in recognizing the local history of the area, as well as
other community information that will be beneficial to travelers and residents of the
community. Greenway Engineering has worked with the HRAB Chair to determine the
appropriate design standards for this kiosk.
Countv Attorney Comme — January 15, 2009
Item 1 — The Planning Department does not recommend the restriction of additional
commercial land uses above those proffered by the property owners.
Item 2 — The proffer statement has been modified to incorporate the revisions
recommended by the County Attorney. These revisions are reflected in Proffer Sections
B(1), B(3), and B(6) of the March 16, 2009 Proffer Statement.
Item 3 — The proffer statement has been modified to incorporate the revisions
recommended by the County Attorney. These revisions are reflected in Proffer Sections
B(7), and D of the Much 16, 2009 Proffer Statement.
Item 4 — The proffer statement references occupied commercial structures to differentiate
commercial structures from structures that could potentially accommodate gasoline
canopies and gasoline pumps.
Item 5 — The proffer statement provides landscaping in addition to the required parking
lot landscaping should this be necessary to screen puking lots from the public street, as
well as additional landscaping between the inter - parcel access drive and tax parcel 44-
(A)-42. This is only a 2.7± acre site; therefore, the landscaping features will be provided
on the Site Plan for the future commercial development. The installation of the
landscaping associated with the inter - parcel access drive will be identified on this site
plan as a requirement and will be installed following the development of the inter- parcel
access drive to ensure the viability of the landscaping materials. The County will require
site improvements to be bonded; therefore, the County is protected and has assurance that
this landscaping will be provided.
Item 6 — The proffer statement has been modified to incorporate the revisions
recommended by the County Attorney. These revisions are reflected in Proffer Sections
C(2) and C(3) of the Much 16, 2009 Proffer Statement.
Item 7 — The proffered signage requirements is Proffer Section C(9) are more restrictive
than those provided in Section 165 -30(G) and 165- 30 -(H) of the Frederick County Code.
P,y t49285 W
Item 8 — This Proffer Statement and the Special Limited Power of Attorney documents
have been signed by the property owner and notarized. The Rezoning Application has
been signed by the property owner and Greenway Engineering as the applicant.
County Transportation Planner Comment — December 31, 2009
Item 1 — The proffered Road Improvement Exhibit dated March 16, 2009 establishes the
commercial entrance on Old Charles Town Road at the eastern most portion of the
subject property as permitted by the County Code.
Item 2 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes a
right- intright -out access only on Martinsburg Pike and does not allow for left turn
movements at this access point.
Item 3 — The proffered Road Improvement Exhibit dated March 16, 2009 establishes an
inter - parcel access drive. Section B(5) of the Proffer Statement further describes this
improvement to ensure construction and accessibility from adjoining properties.
Additionally, Section B(2) of the Proffer Statement provides assurance for median
control on Martinsburg Pike if deemed necessary by VDOT and the County. This
language is acceptable to the Planning Department.
Item 4 — The proffered Right of
establishes right -of -way necessary
Martinsburg Pike and Old Charles
acceptable to VDOT.
Way Dedication Exhibit dated March 16, 2009
to accommodate the planned improvements to
Town Road, which has been determined to be
Item 5 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes five -
foot sidewalks along Martinsburg Pike and Old Charles Town Road. The planned
bicycle and pedestrian facility along Martinsburg Pike will be located on the west side of
the corridor.
Item 6 - The proffered Road Improvement Exhibit dated Much 16, 2009 establishes a
free flowing right turn lane on Old Charles Town Road, as well as a raised median at the
intersection with Martinsburg Pike.
Item 7 - The proffered Road Improvement Exhibit dated March 16, 2009 identifies that
the proposed lane striping plan will be approved by VDOT.
Item 8 — The Bishop -Amari property is providing a significant amount of road
improvements to accommodate the future needs identified by VDOT and the County at
great expense to the project. This 2.7t acre project site cannot sustain the additional
burden of funding traffic signalization that is already proffered by the Snowden Bridge
project. VDOT has the authority to execute the traffic signal agreement for the traffic
signalization proffered by Snowden Bridge and have this improvement installed should
warrants exist in advance of impacts created by the Snowden Bridge project.
R je t49283 AW
Item 9 - The Bishop -Amari property is providing a significant amount of road
improvements to accommodate the future needs identified by VDOT and the County at
great expense to the project. The only recommended improvement that has not been
proffered by this project involves the second northbound travel lane on Martinsburg Pike
to the south of the intersection with Old Charles Town Road. The 2.7 *— acre project site
cannot sustain the additional costs associated with the second northbound travel lane that
is south of the project site.
County Planner Comments — December 31. 2008
Land Use
The business corridor expectations of the Comprehensive Plan have been met through the
transportation improvements provided by the 2.7± acre project site. Extensive design
standards have been proffered to mitigate impacts to the DSA located on the south side of
Old Charles Town Road.
Transportation
Item 1 - The proffered Road Improvement Exhibit dated Much 16, 2009 establishes a
free flowing right turn lane on Old Charles Town Road, as well as a raised median at the
intersection with Martinsburg Pike. Additionally, Section B(2) of the Proffer Statement
provides assurance for median control on Martinsburg Pike if deemed necessary by
VDOT and the County. This language is acceptable to the Planning Department.
Item 2 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes a
right- in/right -out access only on Martinsburg Pike and does not allow for left turn
movements at this access point. Additionally, Section B(2) of the Proffer Statement
provides assurance for median control on Martinsburg Pike if deemed necessary by
VDOT and the County. This language is acceptable to the Planning Department.
Item 3 — The proffered Road Improvement Exhibit dated March 16, 2009 establishes an
inter -parcel access drive. Section B(5) of the Proffer Statement further describes this
improvement to ensure construction and accessibility from adjoining properties.
Item 4 - The Bishop -Amari property is providing a significant amount of road
improvements to accommodate the future needs identified by VDOT and the County at
great expense to the project. The only recommended improvement that has not been
proffered by this project involves the second northbound travel lane on Martinsburg Pike
to the south of the intersection with Old Charles Town Road. The 2.7± acre project site
cannot sustain the additional costs associated with the second northbound travel lane that
is south of the project site.
Item 5 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes five -
foot sidewalks along Martinsburg Pike and Old Charles Town Road.
R je t49288 AW
Proffer Statement
Item 1 — The Applicant has proffered a Road Improvement Exhibit dated March 16,
2009, which provides for the major infrastructure commitments associated with the
development of the 2.7± acre project site. There is not a know commercial user at this
time; therefore, the only additional information that could be gleaned from a GDP is the
general location of parking lot area and building area. The proffer statement commits to
building placement along the public roads and prohibits parking lots and travel aisles
between these building and the public streets. Therefore, the ultimate design of this
project site should be acceptable at this level of the process.
Item 2 — Additional detail regarding landscaping has been provided in the proffer
statement.
Item 3 — The proffer statement has been revised to direct the proposed monetary
contributions to the County and specifies that these will be for the purpose of County Fire
and Rescue services.
Item 4 - This Proffer Statement and the Special Limited Power of Attorney documents
have been signed by the property owner and notarized. The Rezoning Application has
been signed by the property owner and Greenway Engineering as the applicant.
General
Item 1 - The Proffer Statement provides extensive design controls for structural materials,
rooflines, screening of gasoline canopies, lighting and signage that have been proposed to
mitigate viewshed impacts, particularly along Old Charles Town Road.
Item 2 — Greenway Engineering has worked with the FIRAB Chair to determine the
appropriate design of the historic information kiosk, which has been incorporated into
Proffer Section C(3).
Item 3 - The older existing residence on the subject site will be demolished when this site
is developed commercially. The location of this structure is in conflict with the future
development of the property and the age and construction of the structure does not lend
itself towards rehabilitation and relocation within the project site.
Item 4 — Consideration will be given to develop the canopy of the gasoline pumps with
similar materials used in the occupied structure rooflines if gasoline pumps are realized
on the project site and this meets all applicable development codes.
Item 5 — The few mature trees located on the 2.7± acre site are situated centrally to the
site and will be removed as they will be in conflict with required parking and travel aisle
areas associated with the commercial development.
P jot 49285 AW
I hope that this comprehensive comment response letter for all review agency comments
is beneficial in explaining the information that has been incorporated into this project, as
well as the reasons for exclusion of some of these matters. It should be apparent that the
Applicants have made a significant effort in incorporating the majority of these
suggestions into the development information and development program that will provide
high standards for a small commercial site that will mitigate viewshed impacts to the
DSA area located on the south side of Old Charles Town Road. Please do not hesitate to
contact me if you have any questions regarding this information, or if I may provide you
with any additional information at this time.
Sincerely,
Evan art, A ICCPU
Greenway Engineering
Cc: Greg Bishop
Tom Amari
Review Agencies
Projmt 4928S/ AW
GREENWAY ENGINEERING, .
151 Wed, Hill lane
Winchester, Vi nnia 22602
Pounded in 1971
November 17, 2008
McKee & Butler, P.L.C.
Attn: Ed Yost
112 South Cameron Street
Winchester, VA 22601
RE: Bishon /Amari Sewer Easement and Pump Station Access
Dear Ed:
I appreciate your willingness to continue to meet with me and discuss the information pertaining
to the Bishop /Amari Property Sanitary Sewer Study prepared by our firm. As you know, Greg
Bishop and Tom Amari own a 2.7 -acre parcel (tax parcel 44- ((A)) 43) at the intersection of
Martinsburg Pike and Old Charles Town Road across from the Easy Living Mobile Home Park
and the Westfield Business Park. The owners are interested in rezoning this property as a
commercial comer and will need to provide public sewer to the property.
The purpose of this letter is to request a confirmation signature from the Easy Living Associates
Group indicating that you are in agreement to grant a utility easement across your property for the
purpose of extending a sewer line from tax parcel 44 {(A)) -43 that will connect to the future
pump station designed on your property. The owners of the Bishop/Amari property recognize
that this easement would be established solely for tax panel 44- ((A))43 and that they are not
entitled to have others join into this project. Additionally, the owners of the Bishop /Amari
property recognize that your confirmation signature is to agree to grant this easement once all
applicable terms are negotiated.
On behalf of the owners of the Bishop/Amari property, I would like to thank you for working
with us on this development proposal. Please contact me if you have any questions, or when the
signed letter is available and we will pick it up.
Sincerely,
Evan art, AICP '4
Greenway Engineering
G (z i2 v o a
Easy Living Assop� s Signature Da
Easy Living Associates' signature above confirms that the information in this letter is accurate.
Enginem Survevors Planners Emiron,nenW Scienust
Telephone 540- 662 -4185 FAX 540 722 -9528
R je , #4906 www.greenwayeng.com
GREENWAY ENGINEERING, in.
151 1A4ndy Hill Lane
Winche,1, t 5rginia 22602
r 4r1 In 1171
April 27, 2009
Frederick County Planning Department
Attn: Mike Ruddy, Deputy Planning Director
107 North Kent Street
Winchester, VA 22601
RE: RZ #02 -09 Bishop -Amari Property Proffer Statement Amendments
Dear Mike:
The purpose of this letter is to provide you with information identifying the revisions that
have been prepared for the referenced rezoning application based on comments received
during the April 15, 2009 Planning Commission public bearing.
Proffer Statement Information (Page 1)
The rezoning application number (RZ #02 -09) and the proffer revision date (April 16,
2009) has been provided.
Section A - Land Use Restrictions (Page 2)
Item 2 has been revised to clarify that if the site is developed to include a convenience
store with gasoline pumps, it will be limited to 8 pumps resulting in a maximum of 16
fueling positions.
Section B - Transportation Enhancements (Page 2 -4
Item 1 has been revised to provide for the new date for the Road Improvement Exhibit
(April 16, 2009).
Item 3 has been revised to provide for the new date for the Road Improvement Exhibit
(April 16, 2009).
Item 5 has been revised to specify that the inter parcel parking access drive easement for
adjoining properties will be limited to provide access to Old Charles Town Road (Route
761).
Lngioeers Surveyors Planners Environmenul Scie,,o
He M906 W Telephone 540.662 41 8 5 FAX 540 -722 -9528
www."en! yeog.com 4 -27-09
Item 5 has also been revised to provide Frederick County with the option of determining
if tax parcel 44- ((A)) -42 is entitled to connect to the inter - parcel parking access drive
based on the future site plan to is submitted for that p ro p ert y .
Item 6 has been revised to clarify at what point in the development process the rigbtof-
way dedication will occur. This language was created through collaboration with Matt
Smith, VDOT Assistant Resident Engineer.
Item 6 has also been revised to provide for the new date for the Right-of -way Dedication
Exhibit (April 16, 2009).
Item 7 has been revised to increase the monetary contribution assistance towards the
future Bmcetown Road/Hopewell Road project. The monetary contribution has been
increased to $10,000 with an increase to $25,000 if the site is developed to include a
convenience store with gas pumps, as this land use accounts for 80% of the projected
traffic volume generated by this site.
Section C — Site DeSian Controls (Page 46)
Item 2 has been revised to clarify when the plaza area will be constructed, as well as the
responsible party for maintenance of this improvement.
Item 3 has been revised to clarify when the kiosk will be constructed, as well as the
responsible party for maintenance of this improvement.
Item 10 has been revised to provide specifications for the landscaping enhancements that
will be utilized to mitigate parking lot viewsheds from the public streets.
Please find attached the revised proffer statement for the May 20, 2009 Planning
Commission meeting, as well as a copy of the proffer statement that identifies these
revisions with bold and italic text for your review. I would appreciate it if you would
include this letter as part of t h e information that will be provided to the Planning
Commission members for their agenda. Please contact me if you need any additional
information at this time.
Sincerely,
W U}N1
Evan yatt, AICP' J
Greenway Engineering
Cc: Rod Williams, Frederick County Attorney
File# 9WEAW 2 42]-09
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October 27, 2008 Bishop -Amen Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
BISHOP -AMARI PROPERTY
PROFFER STATEMENT
REZONING:
RZ #02 -09
Rural Areas District (RA) to Business General District (B2)
PROPERTY:
2.77 acres±
Tax Parcel #44- ((A)) -43 (here -in after the "Property")
RECORD OWNER:
Gregory A. Bishop and Thomas Amari (ABishop, LLC)
APPLICANT:
ABishop, LLC (here -in after the "Applicants ")
PROJECT NAME:
Bishop - Amari Property
ORIGINAL DATE
OF PROFFERS:
October 27, 2008
0
JUN 1 2009
REVISION DATE:
June 2, 2009 1 1
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #02 -09
for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77± -
acres of B -2, Business General District, development of the subject property shall be
done in conformity with the terms and conditions set forth herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
Applicants and such be approved by the Frederick County Board of Supervisors in
accordance with the said Code and Zoning Ordinance. In the event that such rezoning is
not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Gregory A. Bishop and
Thomas Amari, being all of Tax Map Parcel 44- ((A)) -43, and further described by
Boundary Survey Plat prepared by Mush & Legge Land Surveyors, P.L.C., dated May
24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument
#080005787 in the Frederick County Clerk of Courts Office.
File Md906/EAW
Greenway Engineering October 27, 2008 Bishop-Amari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
A.) Land Use Restrictions
PROFFER STATEMENT
1. The Applicants hereby proffer to limit commercial structure development to a
maximum of 20,000 square feet within the Property consistent with the land use
mix assumed in the October 15, 2008 Traffic Impact Analysis (TIA) prepared by
Patton, Harris, Rust and Associates. The Applicants can deviate from this land
use mix assuming the total trip generation from site plans (based on the ITE 7'
Edition Trip Generation Report) within the Property do not exceed the total trip
generation specified in the October 15, 2008_ It is recognized that gasoline
canopies and gasoline pumps are excluded from the 20,000 square feet total
identified in this section.
2. The Applicants hereby proffer to limit gasoline pumps to a maximum of 8 pumps
with two fueling positions each (maximum of 16 fueling positions) to ensure
consistency with the traffic impact analysis prepared for this rezoning application.
3. The Applicants hereby proffer to prohibit the following land uses within the
Property:
Communication Facilities
SIC 48
Truck Stops
SIC 5541
Hotels and Motels
SIC 701
Organization Hotels and Lodging
SIC 704
Car Washes
SIC 7542
Miscellaneous Repair Services
SIC 76
Motion Picture Theaters
SIC 7832
Amusement and Recreation Services Operated Indoors
SIC 79
Golf Driving Ranges and Miniature Golf Courses
SIC 7999
Adult Retail
No SIC Indicated
B.) Transportation Enhancements
1. The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North)
corridor along the frontage of the Property to implement the future planned urban
four -lane divided typical section. This proffered improvement includes widening
of the existing northbound travel lane to include a second thru lane, a separate
continuous right -mm lane, curb and gutter, and sidewalk along the entire frontage
of the Property. The proffered improvements along the Martinsburg Pike
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated June 2,
2009. The Applicants proffer to construct, or cause for the construction of this
Fik "9061EAW
Greerwap Engn eenug October 27, 2008 Bishop-Amao Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Martinsburg Pike corridor.
2. The Applicants hereby proffer to restrict access to the Property along the
Martinsburg Pike frontage to one right -in and right -out entrance only. The right -
in and right -out access shall be designed to prohibit left turn movements into the
Property, which shall require approval by VDOT and Frederick County. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the fast Site Plan approved for the Property. Additionally, the Applicants agree
to provide for left turn control measures on Martinsburg Pike at this entrance after
construction if VDOT determines that the installed right -in and right -out entrance
design does not adequately prohibit left turn movements into the Property.
3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761)
along the frontage of the Property. This proffered improvement includes
widening of the existing westbound travel lane to include a second future left turn
lane, a separate continuous free- flowing right turn lane, a raised concrete median
near the Martinsburg Pike intersection to separate the left turn lane and the free -
flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of
the Property. The proffered improvements along the Old Charles Town Road
frontage of the Property are depicted on the attached Bishop - Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated June 2,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the fast Site Plan for the property to ensure safe and efficient traffic
movement on the Old Charles Town Road corridor.
4. The Applicants hereby proffer to prohibit direct access to Old Charles Town
Road (Route 761) from the Property and provide access from Old Charles Town
Road to the Property through the development of improvements on tax map
parcel 44- ((A)) -42, currently owned by Cutshaw Enterprises, LC. The Applicants
shall design and construct, or cause for the design and construction of a new
commercial entrance that intersects Old Charles Town Road that is of sufficient
width for separated left and right turn egress movement, a right turn and taper
lane on Old Charles Town Road, and an access drive that is constructed in
substantial conformity to the improvements depicted on the attached Bishop -
Amari Property Road Improvement Exhibit prepared by Greenway Engineering,
dated June 2, 2009. Additionally, the Applicants proffer that no commercial
File #4906/EAw
Greenway Engineering October 27, 2008 Bishop -Ansai Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
development activity will occur on the Property until a formal easement
agreement is executed between the Applicants and Cutshaw Enterprises, LC, or
their legal successors, heirs, or assigns.
5. The Applicants hereby proffer to provide for an inter -parcel connection to tax
map parcel 44- ((A)) -47.
6. The Applicants hereby proffer to dedicate right -of -way to the Commonwealth of
Virginia on the Property sufficient to accommodate the transportation
improvements specified in Section B(1) and Section B(3) of this proffer
statement. Said right -of -way dedication shall be provided to the Commonwealth
of Virginia prior to the issuance of the VDOT Land Use Permit necessary to
construct these improvements. The proffered variable right -of -way dedication on
the Property is depicted on the attached Bishop -Amari Property Right Of Way
Dedication Exhibit prepared by Greenway Engineering, dated June 2, 2009.
The Applicants hereby proffer to provide a monetary contribution of $25,000.00
for site development on the Property that does not exceed 2,000 VPD based on
the ITE 7 °h Edition Trip Generation Report that may be applied towards right -of-
way acquisition, engineering, or construction costs to allow for the development
of improvements on the Martinsburg Pike (U.S. Route 11) corridor. This
monetary contribution shall be increased to a total of $50,000.00 for site
development on the Property that exceeds 2,000 VPD based on the ITE 7`
Edition Trip Generation Report. This monetary contribution may be utilized
unconditionally by Frederick County to fund transportation improvements on the
Martinsburg Pike corridor, which may include the Hopewell/Brucetown
intersection and may be used as local match funding for any applicable
transportation improvement grant or enhancement application. This monetary
contribution will be made to Frederick County prior to the issuance of an
occupancy permit associated with the development of the first Site Plan approved
for the Property.
C.) Site Design Controls
1. Building Placement.
The Applicants hereby proffer to orient all occupied commercial structures along
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to
prohibit parking spaces and travels aisles between all occupied commercial structure
frontages and adjoining public streets.
File k4906/EAW
Greenx Engineering October 27, 2008 Bishop 6 nari Rezoning
Revised March 5. 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009 -
2. Plaza Area.
The Applicants hereby proffer to develop a plaza area that will be a minimum of
2,000 square feet and will be constructed adjacent to occupied commercial structures.
The plaza area will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property. The
plaza area will be maintained by the commercial property owners.
3. Historic Information Kiosk.
The Applicants hereby proffer to develop a kiosk that will be located on the plaza
area, which will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property and
utilized as an information center for historic features within the community and other
community information. The kiosk will be a minimum of eight feet in height with a
canopy cover and will provide for a message center that is a minimum of 24 square
feet in area. The Applicants will work with the Frederick County Historic Resources
Advisory Board HIRAB) in the development of historic information that will be
displayed in the kiosk. The kiosk area will be maintained by the commercial property
owners.
4. Building Height.
The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet
in height.
5. Construction Materials.
The Applicants hereby proffer to utilize similar development themes and similar
construction materials on all walls and roofs for all occupied commercial structures.
The principal construction materials shall be limited to brick, stone, artificial stone,
simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional
shingles, or false roof systems.
6. Rooflines.
The Applicants hereby proffer that all occupied commercial structures shall be
designed with roof systems that are designed to screen mechanical equipment from
view of adjoining public streets.
7. Building Lighting.
The Applicants hereby proffer to restrict lighting along adjoining public streets to
building mounted lighting fixtures and ground lighting fixtures. Additionally, the
File k4906/EAW
Greecw y Engineering October 27, 2008 Bishop -Amari Rezoning
Revised Mach 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
applicant further proffers to restrict pole mounted lighting fixtures within the parking
lot area to a maximum of twenty -five (25) feet in height and will design all pole
mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed
downward.
8. Gasoline Fueling Islands.
The Applicants hereby proffer to restrict the placement of any gasoline fueling islands
and canopies so they are located behind occupied commercial structures.
Additionally, the Applicants proffer that the gasoline fueling island canopy will be at
a height lower than the roofline of the occupied commercial structures located along
Old Chutes Town Road (Rt. 761) to mitigate viewshed impacts from the property
located on the south side of Old Charles Town Road.
9. Signage
The Applicants hereby proffer to limit the number of freestanding business signs to
one sign along each public street frontage. Additionally, the Applicants proffer to
limit the freestanding business signs to a maximum of 12 feet in height and a
maximum of 75 square feet.
10. Buffers and Screening.
The Applicants hereby proffer to provide landscape screening to mitigate the
viewshed between parking areas and public streets, and to enhance the public street
frontage of the Property. landscape screening between parking areas and public
streets shall include deciduous trees that are a minimum 2 -inch caliper and evergreen
trees that are a minimum of four feet in height with the total number of plantings
based on three trees per ten linear foot of parking lot frontage. Landscaping between
occupied commercial structures and public streets shall include deciduous trees that
are a minimum 2 -inch caliper with the total number of plantings based on one tree per
40 linear feet of occupied commercial structural frontage. All landscaping shall be
oriented not to impact required sight distance at the commercial entrances on public
streets. Additionally, the Applicants proffer to develop a landscape screen between
the inter -parcel parking lot access drive and tax map parcel 44- ((A)) -42. This
landscape screen shall consist of a single row of evergreen trees that are a minimum
of four feet in height at planting and me planted on 10 -foot centers. It is recognized
that this landscape screen can be relocated to the west side of the inter -parcel puking
lot access drive to accommodate a shared agreement with tax map parcel 44- ((A)) -42
as allowed in Section B(5) of the proffer statement.
rile #4906 /EAW
Grecmcay Engincering October 27, 2008 Bishop -Arran Rezoning
Revised March 5, 2009
Revised Mach 16, 2009
Revised April 16, 2009
June 2, 2009
11. Utility Easement
The Applicants hereby proffer to provide a utility easement along the northern and
eastern boundary of the Property for the benefit of tae map parcel 44- ((A)) -42 and tax
map parcel 44- ((A)) -47. The utility easement shall provide for the adjoining
properties to connect to public utilities located on the Property. It is acknowledged
that the owners of tae map parcel 44- ((A)) -42 and/or 44- ((A) )-47 will be required to
restore the Property to its previous condition following disturbance activities
associated with the connection to public utilities located on the Property.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $0.10 per square
foot of developed commercial structural area for County Fire and Rescue services. The
monetary contribution shall be made payable to Frederick County at the time of issuance
of the building permit for any commercial structural area developed on the Property.
File# 9MIEAW
Greenway Engineering
E.) Signatures
October 27, 2008
Revised March 5, 2009
Revised March 16. 2009
Revised April 16, 2009
Lone 2, 2009
Bishop -Amari Rezoning
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By:
Commonwealth of Virginia,
Date: (' /S/ "7
Cit /county Y Fi To Wit:
The foregoing instrument was acknowledged before me this" day of
20C by
Notary Public
FCC- Z.q�201 Z.
,IOG ^
Date:
Cit County f F ✓,, To Wit:
The foregoing instrument was acknowledged before me this e4l day of
200`7 by
L ela, Z n
Notary Public
My Commission Expires f 2-q , Z012-
Re�islraffon #zg61pt
d�
1 �
File #4906/ W
AMENDMENT
Action:
PLANNING COMMISSION: May 20, 2009 - Recommended Approval
BOARD OF SUPERVISORS: Jane 24, 2009 ❑ APPROVED ❑ DENIED
THE ZONING DISTRICT MAP
REZONING #02 -09 OF THE BISHOP -AMARI PROPERTY
WHEREAS, Rezoning #02 -09 of The Bishop -Amari Property, submitted by Greenway Engineering, to
rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for
Commercial Uses, was considered. The property is located in the northeast quadrant of the intersection of
Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761), in the Stonewall Magisterial
District, and is identified by Property Identification Number 44 -A -43.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 15, 2009 and a
public meeting on May 20, 2009; and
WHEREAS, the Bond of Supervisors held a public hearing on this rezoning on June 24,2009: and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 2.77 acres from RA (Rural
Areas) District to B2 (General Business) District for Commercial Uses, subject to the attached
conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes # I8 -09
This ordinance shall be in effect on the date of adoption.
Passed this 24th day of June, 2009 by the following recorded vote:
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove Bill M. Ewing
Gene E. Fisher Charles S. DeHaven, Jr.
Philip A. Lemieux
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
PDRes. # 18-09
1 / 6REERYIIAY ER6RRERRi6, �.
C dhtiv 11111 lane
H.:Lest¢ Ynjom 22602
ai0 3 uo
Kne 4, 2009
Cutshaw Enterprises, LC
Alin: Randall Cutshaw
P.O. Box 805
Morganton. NC 28680
RE: Bishoo /Amari Pro eenv Commercial Entrance and Access Drive
Dear Randall'.
I appreciate your willingness to continue to discuss the information pertaining to the
Bishop /Amari Property commercial rezoning application prepared by our firm. As you know,
Greg Bishop and Tom Armin own a 2.7 -acre parcel (tax parcel 44- ((A)) -43) at the intersection of
Martinsburg Pike and Old Charles Town Road, which adjoins the Cutshaw Enterprises, LC parcel
(tax parcel 44 -A-42) along you western property boundary. The owners are interested in
working with Cutshaw Enterprises, LC to establish a shared commercial entrance and access
drive that will serve both properties from Old Charles Town Road (Route 761).
The purpose of this letter is to request a confirmation signature from the Cutshaw Enterprises, LC
Group indicating that you are in agreement to allow the Bishop/Amari Property commercial
rezoning application to incorporate information into the project proffer statement for the purpose
of establishing a new commercial entrance and access drive consistent with the information
depicted on the Bishop -Amari Property Road Improvement Exhibit dated June 2, 2009, which is
attached for your information. The owners of the BishoprAmari Property recognize that they will
be responsible for the design and construction costs associated with this improvement, as well as
costs associated with preparing the easement agreement that will provide all applicable terms for
construction, ingress/egress, and maintenance of this improvement. Additionally, the owners of
the Bishop /Amari Property recognize that the construction of the new commercial entrance and
aeee -cs drive located on the Cutshaw Enterprises, LC parcel cannot occur until both parties have
executed the easement agreement.
On behalf of the owners of the Bishop/Aman property, I would like to thank you for working
with us on this development proposal. I have provided signature lines on the second page of this
document for all members of the Cutshaw Enterprises, LC to confirm the accuracy of the
information in this letter. Please contact me if you have any questions, or when the signed letter is
available and we will make arrangements to pick it up.
j Sincerely,
Evan W tt,.AICP
Greenway Engineering
Engineers Surve,vrs Mn—' scm""W'
Td,hont 540 662 -4185 F.0 540-722 -9528
R9mVH906
u - n �ngmm
The Cutshaw Enterprises, LC signatures on this page confirm that the information in this letter is J
acceptable. -.
Verlo V. Cutshaw
Ida Aileen Whittaker Cutshaw
i
Janice F. Neff �
G
Ronald Ieff
Alan W. Cutshaw
Susa Cutshaw
f
Randall S. Cutshaw
��,LFLYU1 � I j 'r
Dianna Curshaw
c�oimmws
2
Greenway Engineering October 27, 2008 Bishop -Amari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
BISHOP -AMARI PROPERTY
PROFFER STATEMENT
REZONING:
RZ #02 -09
Rural Areas District (RA) to Business General District (132)
PROPERTY:
2.77 acres±
Tax Parcel #44- ((A)) -43 (here -in after the "Property ")
RECORD OWNER:
Gregory A. Bishop and Thomas Amari (ABishop, LLC)
APPLICANT:
Gregory A. Bishop mEl ThomAs A mniiABishop, LLC (here -in
after the "Applicants ")
PROJECT NAME:
Bishop - Amari Property
ORIGINAL DATE
OF PROFFERS:
October 27, 2008
REVISIONDATE: A°-i "' =., -.6 ,2 09- June 2, 2009
Preliminary Matters
Pursuant to Section 15.2 -2296 EL Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #02 -09
for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77± -
acres of B -2, Business General District, development of the subject property shall be
done in conformity with the terms and conditions set forth herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
Applicants and such be approved by the Frederick County Board of Supervisors in
accordance with the said Code and Zoning Ordinance. In the event that such rezoning is
not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Gregory A. Bishop and
Thomas Amari, being all of Tax Map Parcel 44- ((A)) -43, and further described by
Boundary Survey Plat prepared by Marsh & Legge Land Surveyors, P.L.C., dated May
24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument
#080005787 in the Frederick County Clerk of Courts Office.
File# /Enw
Greenway Engineering October 27, 2008 Bishop -Ann ri Rezoning
Revised March 5, 2009
Revised Much 16, 2009
Revised April 16, 2009
June 2, 2009
A.) Land Use Restrictions
PROFFER STATEMENT
The Applicants hereby proffer to limit commercial structure development to a
maximum of 20,000 square feet within the Property consistent with the land use
mix assumed in the October 15, 2008 Traffic Impact Analysis (TIA) prepared by
Patton, Harris, Rust and Associates. The Applicants can deviate from this land
use mix assuming the total trip generation from site plans (based on the ITE 7 t°
Edition Trip Generation Report) within the Property do not exceed the total trip
generation specified in the October 15, 2008. It is recognized that gasoline
canopies and gasoline pumps are excluded from the 20,000 square feet total
identified in this section.
2. The Applicants hereby proffer to limit Festaufant land use to 5,0A0 s "ffe feet e c
the m OnlWl s .. f ee t id en tifi e d ..
ce.:.. ^ A(l) of the proffer
statement, m°
^ ° - ,d i
lt gasoline pumps to a maximum of 8 pumps with two
fueling positions each (maximum of 16 fueling positions) to ensure consistency
with the traffic impact analysis prepared for this rezoning application.
3. The Applicants hereby proffer to prohibit the following land uses within the
Property:
Communication Facilities
SIC 48
Truck Stops
SIC 5541
Hotels and Motels
SIC 701
Organization Hotels and Lodging
SIC 704
Car Washes
SIC 7542
Miscellaneous Repair Services
SIC 76
Motion Picture Theaters
SIC 7832
Amusement and Recreation Services Operated Indoors
SIC 79
Golf Driving Ranges and Miniature Golf Courses
SIC 7999
Adult Retail
No SIC Indicated
B.) Transportation Enhancements
The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North)
corridor along the frontage of the Property to implement the future planned urban
four -lane divided typical section. This proffered improvement includes widening
of the existing northbound travel lane to include a second thou lane, a separate
continuous right -turn lane, curb and gutter, and sidewalk along the entire frontage
of the Property. The proffered improvements along the Martinsburg Pike
frontage of the Property are depicted on the attached Bishop -Amari Property
FileWo6/EAW
Greenway Engineering October 27, 2008 Bishop -Amari Rewnin¢
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Road Improvement Exhibit prepared by Greenway Engineering, dated Apfil --f6 -,
2899 June 2, 2009. The Applicants proffer to construct, or cause for the
construction of this improvement prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property.
The striping plan indicated on this attached proffered exhibit shall be determined
by VDOT during review of the first Site Plan for the property to ensure safe and
efficient traffic movement on the Martinsburg Pike corridor.
The Applicants hereby proffer to restrict access to the Property along the
Martinsburg Pike frontage to one right -in and right -out entrance only. The right -
in and right -out access shall be designed to prohibit left turn movements into the
Property, which shall require approval by VDOT and Frederick County. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants agree
to provide for left turn control measures on Martinsburg Pike at this entrance after
construction if VDOT determines that the installed right -in and right -out entrance
design does not adequately prohibit left turn movements into the Property.
3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761)
along the frontage of the Property. This proffered improvement includes
widening of the existing westbound travel lane to include a second future left turn
lane, a separate continuous free - flowing right turn lane, a raised concrete median
near the Martinsburg Pike intersection to separate the left turn lane and the free -
flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of
the Property. The proffered improvements along the Old Charles Town Road
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated Apfil -16,,
2999 June 2, 2009. The Applicants proffer to construct, or cause for the
construction of this improvement prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property.
The striping plan indicated on this attached proffered exhibit shall be determined
by VDOT during review of the first Site Plan for the property to ensure safe and
efficient traffic movement on the Old Charles Town Road corridor.
4. The Applicants hereby proffer to limit t he number of emomees to t he P F ape ft
lane, exkhig the PraperrT prohibit direct access to Old Charles Town Road
(Route 76I) from the Property and provide access from Old Charles Town
Road to the Property through the development of improvements on tax map
parcel 44- ((A)) -42, currently owned by Cutshaw Enterprises, LC. The
Applicants shall design and construct, or cause for the design and construction
of a new commercial entrance that intersects Old Charles Town Road that is of
tm�suav:n:�
Greenway Engineering October27 ,2008 Bishop -Amari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
sufficient width for separated left and right turn egress movement, a right turn
and taper lane on Old Charles Town Road, and an access drive that is
constructed in substantial conformity to the improvements depicted on the
attached Bishop -Amari Property Road Improvement Exhibit prepared by
Greenway Engineering, dated June 2, 2009. Additionally, the Applicants
proffer that no commercial development activity will occur on the Property
until a formal easement agreement is executed between the Applicants and
Cutshaw Enterprises, LC, or their legal successors, heirs, or assigns.
5. The Applicants hereby proffer to provide for an inter -parcel connection to
'.;RR to _' f.._ to -_- - — ' __ nn s) no a tax map parcel 44-
((A))-47. Th App fi . ^ ..C6
_... to - , ( .. (e eau s e f the of th oF
the o f ., A ted with th
develapmern of the fffst Site Plan appFoved fee the Pfapei4y. Add t the
6. The Applicants hereby proffer to dedicate right -of -way to the Commonwealth of
Virginia on the Property sufficient to accommodate the transportation
improvements specified in Section B(1) and Section B(3) of this proffer
statement. Said right -of -way dedication shall be provided to the Commonwealth
of Virginia prior to the issuance of the VDOT Land Use Permit necessary to
construct these improvements. The proffered variable right -of -way dedication on
the Property is depicted on the attached Bishop -Amari Property Right Of Way
Dedication Exhibit prepared by Greenway Engineering, dated Alwil- 16, 2009
June 2, 2009.
T The Applicants hereby proffer to provide a monetary contribution of $- 48
$25,000.00 for site development on the Property that does not exceed 2,000
VPD based on the ITE 7` Edition Trip Generation Report that may be applied
towards right -of -way acquisition, engineering, or construction costs to allow for
the development of improvements iatefsee4ian impFaN on the
File ii4906/ AW
G=rway Engineering October 27, 2008 Bishop -Amari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Martinsburg Pike (U.S. Route 11) corridor. w ith Hopewel R ea d (Route 672) and
n_.,.et R (R 672) This monetary contribution shall be increased to a
total of $23 $50,000.00 for site development on the Property that exceeds
2,000 VPD based on the ITE 7`" Edition Trip Generation Report. if--a
.:a as pumps i E a p e d on the R_,......,.. This monetary
_.,... _ ........... ........... b.... p h
,....p...., ..,......, w. ury , - ter
contribution may be utilized unconditionally by Frederick County to fund
transportation improvements on the Martinsburg Pike corridor, which may
include the Hopewell/Brucetown intersection and may be used as local match
funding for any applicable transportation improvement grant or enhancement
application. This monetary contribution will be made to Frederick County prior
to the issuance of an occupancy permit associated with the development of the
first Site Plan approved for the Property. W d ma be °''i°°dmt.,, eFiel
County as local roatA funding �af �), applicable UFM5138flatiOH ifflf)FOVeffiefi� 0
enlameement ..plioation Asgap A ,kh the development of imerseetion
impFavements at r :....b.._.. Pike. :tw H„_,... R .R....
Brueetown Read (Route 672).
C.) Site Design Controls
1. Building Placement.
The Applicants hereby proffer to orient all occupied commercial structures along
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to
prohibit parking spaces and travels aisles between all occupied commercial structure
frontages and adjoining public streets.
2. Plaza Area.
The Applicants hereby proffer to develop a plaza area that will be a minimum of
2,000 square feet and will be constructed adjacent to occupied commercial structures.
The plaza area will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property. The
plaza area will be maintained by the commercial property owners.
3. Historic Information Kiosk.
The Applicants hereby proffer to develop a kiosk that will be located on the plaza
area, which will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property and
utilized as an information center for historic features within the community and other
community information. The kiosk will be a minimum of eight feet in height with a
canopy cover and will provide for a message center that is a minimum of 24 square
feet in area. The Applicants will work with the Frederick County Historic Resources
File #49061EAW
Greenway Engineering October 27, 2008 Bishop -Amari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Jane 2, 2009
Advisory Board (HRAB) in the development of historic information that will be
displayed in the kiosk. The kiosk area will be maintained by the commercial property
owners.
4. Building Height.
The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet
in height.
5. Construction Materials.
The Applicants hereby proffer to utilize similar development themes and similar
construction materials on all walls and roofs for all occupied commercial structures.
The principal construction materials shall be limited to brick, stone, artificial stone,
simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional
shingles, or false roof systems.
6. Rooflines.
The Applicants hereby proffer that all occupied commercial structures shall be
designed with roof systems that are designed to screen mechanical equipment from
view of adjoining public streets.
7. Building Lighting.
The Applicants hereby proffer to restrict lighting along adjoining public streets to
building mounted lighting fixtures and ground lighting fixtures. Additionally, the
applicant further proffers to restrict pole mounted lighting fixtures within the parking
lot area to a maximum of twenty -five (25) feet in height and will design all pole
mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed
downward.
8. Gasoline Fueling Islands.
The Applicants hereby proffer to restrict the placement of any gasoline fueling islands
and canopies so they are located behind occupied commercial structures.
Additionally, the Applicants proffer that the gasoline fueling island canopy will be at
a height lower than the roofline of the occupied commercial structures located along
Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property
located on the south side of Old Charles Town Road.
File M49W/ AW
Greenway Engineering October 27. 2008 Bishop-Amari Remning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
9. Signage.
The Applicants hereby proffer to limit the number of freestanding business signs to
one sign along each public street frontage. Additionally, the Applicants proffer to
limit the freestanding business signs to a maximum of 12 feet in height and a
maximum of 75 square feet.
10. Buffers and Screening.
The Applicants hereby proffer to provide landscape screening to mitigate the
viewshed between parking areas and public streets, and to enhance the public street
frontage of the Property. Landscape screening between parking areas and public
streets shall include deciduous trees that are a minimum 2 -inch caliper and evergreen
trees that are a minimum of four feet in height with the total number of plantings
based on three trees per ten linear foot of parking lot frontage. Landscaping between
occupied commercial structures and public streets shall include deciduous trees that
are a minimum 2 -inch caliper with the total number of plantings based on one tree per
40 linear feet of occupied commercial structural frontage. All landscaping shall be
oriented not to impact required sight distance at the commercial entrances on public
streets. Additionally, the Applicants proffer to develop a landscape screen between
the inter -parcel parking lot access drive and tax map parcel 44- ((A)) -42. This
landscape screen shall consist of a single row of evergreen trees that are a minimum
of four feet in height at planting and are planted on 10 -foot centers. It is recognized
that this landscape screen can be relocated to the west side of the inter-parcel parking
lot access drive to accommodate a shared agreement with tax map parcel 44- ((A)) -42
as allowed in Section B(5) of the proffer statement.
II. Utility Easement
The Applicants hereby proffer to provide a utility easement along the northern and
eastern boundary of the Property for the benefit of tax map parcel 44- ((A)) -42 and
tax map parcel 44- ((A)) -47. The utility easement shall provide for the adjoining
properties to connect to public utilities located on the Property. It is acknowledged
that the owners of tax map parcel 44- ((A)) -42 and/or 44- ((A)) -47 will be required to
restore the Property to its previous condition following disturbance activities
associated with the connection to public utilities located on the Property.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $0.10 per square
foot of developed commercial structural area for County Fire and Rescue services. The
monetary contribution shall be made payable to Frederick County at the time of issuance
of the building permit for any commercial structural area developed on the Property.
Hk 49C6/EAW
Greenway Engineering October 27, 2008 Bishop-Annari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
E.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By: Date:
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this _day of
20_ by
My Commission Expires
By:
Commonwealth of Virginia,
Notary Public
Date:
City /County of To Wit:
The foregoing instrument was acknowledged before me this _day of
20 by
My Commission Expires
Notary Public
file K490 AW 8
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GREENWAYENGINEERING,
ROAD IMPROVEMENT EXHIBIT
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BISHOP - AMARI PROPERTY
GREENWAY ENGINEERING, xG
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RIGHT OF WAY DEDICATION EXHIBIT
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IMPACT ANALYSIS STATEMENT
BISHOP - AMARI PROPERTY
REZONING
Frederick County, Virginia
Stonewall Magisterial District
Tax Parcel # 44 -A -43
Aggregate Area of 2.77± acres
October 27, 2008
Revised March 16, 2009
Current Owner: Gregory Bishop
Thomas Amari
Contact Person: Evan A. Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540. 662.4185
Greenway Engineering October 27, 2008 Bishop -bvnad Rezoning
Revised Much 16.2009
BISHOP -AMARI PROPERTY REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact to Frederick County
by the proffered rezoning of a 2.77± acre parcel owned by Gregory Bishop and Thomas
Amari, identified as tax parcel 44 -A -43. The current zoning of the 2.77± acre parcel is
RA, Rural Areas District. The Applicants propose to rezone this parcel to establish 2.77±
acres of B -2, Business General District to allow for the development of commercial land
use within the subject property.
Basic Information
Location:
East side of Martinsburg Pike (U.S. Route 11) and north
side of Old Charles Town Road (VA Route 761)
Magisterial District:
Stonewall District
Property ID Numbers:
44 -A -43
Current Zoning:
RA, Rural Areas District
Current Use:
Residential
Proposed Zoning: B -2, Business General District
Total Rezoning Area: 2.77± acres
Proposed Build Out 20,000 square feet maximum commercial land use
COMPREHENSIVE POLICY PLAN
Sewer and Water Service Area
The 2.77± acre subject property is currently located within the Sewer and Water Service
Area (SWSA); therefore, the rezoning of this property for commercial land use is
appropriate based on current policy.
File#4906 W 2
Greenway Engineering October 27, 2008 Bishop -Amari Rezoning
Revised Much 16, 2009
Northeast Land Use Plan
The 2.77± acre subject property is a component of the Northeast Land Use Plan. This —
land use plan recommends the development of business and commercial land uses along
the Martinsburg Pike (U.S. Route 11 North) corridor. Specifically, the Northeast Land
Use Plan recommends new commercial business development as a future land use at the
intersection of Martinsburg Pike and Old Charles Town Road. The language guiding
land development within this plan states that the development of business and
commercial land use is encouraged at designated signalized road intersections and further
encourages business and commercial uses to provide inter -parcel connectors to enhance
accessibility between uses and reduce disruptions to primary and secondary road systems.
The subject property is located at a planned signalized road intersection that has been
proffered to be installed by the Snowden Bridge project. Additionally, the Applicants'
Proffer Statement provides for the construction of an inter parcel access drive along the
eastern property line to allow for access to tax map parcel 44- ((A)) -42 and tax map parcel
44- ((A)) -47. Therefore, the proposed commercial rezoning is consistent with the policies
guiding future land use development within this area of the County.
SUITABILITY OF THE SITE
Floodnlains
The 2.77± acre subject property is located on FEMA NFIP Map #510063 -0105 B. This
map delineates the subject property as a Category C — Area of Minimal Flooding. The
FEMA NFIP map identifies floodplain areas associated with Hiatt Run, located on the
south side of Old Charles Town Road (Route 761); therefore, the subject site is not
impacted by floodplain area. (Please refer to the Environmental Features Map Exhibit.)
Wetlands
The 2.77± acre subject property does not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map, as well as information from the Frederick
County GIS Database. No evidence of wetlands features and vegetation is present on the
property; therefore, the subject site is not impacted by wetland areas. (Please refer to the
Environmental Features Map Exhibit.)
Steep Slopes
The 2.77± acre subject property is predominately a level site with slopes ranging from 2
to 7 percent; therefore, the subject site is not impacted by areas of steep slope. (Please
refer to the Environmental Features Map Exhibit.)
File"906/EAW
Greenway Engineering October 27, 2008 Bishop -Arran Rezoning
Revised March 16, 2009
Woodlands
The 2.77± acre subject property contains several mature hardwood trees located in the
proximity of the existing residential structures; however, the property does not contain
areas of mature woodlands. The existing vegetation will be removed during construction
of the commercial development; however, the site will be replanted to accommodate
parking lot landscaping and buffer and screening landscaping.
Soil Types
The Soil Survey of Frederick County, published by the USDA Soil Conservation Service
was consulted to determine soil types contained in this tract. The subject site contains the
following soil types:
39B — Swimley Silt Loam: 2 -7% slope
The Swimley Silt Loam soil type located within the 2.77± acre subject property is
classified as prime farmland soil. The soil type on this property is suitable for
commercial development and has moderate shrink -swell potential. The soil's
characteristics are similar to the soil type found on developed properties north of the
subject site. Additionally, the project site is underlain by karst geology, which has the
potential for sinkhole development. The property owners will ensure that geotechnical
analysis is conducted on the subject property during construction of the commercial
development to determine if sinkholes exist. If this is the case, the geotechnical
engineers will work with the County Engineer to ensure that these features me adequately
mitigated.
Other Environmental Features
The 2.77± acre subject property does not contain areas of lakes, ponds or natural storm
water retention areas as defined by the Frederick County Zoning Ordinance. There are
no environmental features present that create development constraints for the proposed
commercial land use on this site.
Existine Conditions
The 2.77± acre subject property has two residential structures that are currently rented by
the property owners. Both residential structures will be removed when the subject
property is developed commercially. The property owners will ensure that all necessary
inspections (including asbestos) are conducted, and that all required permits are obtained
from the County prior to the removal of these structures. The existing drain fields and
wells that are utilized by the two residential structures will not be utilized when the
Greenway Engineering October 27, 2008 Bishop -An ari Rezoning
Revised Much 16, 2009
subject property is developed commercially. The elimination of the drain fields and
closure of the wells will be accomplished in conjunction with applicable Health
Department requirements when the subject property is developed commercially.
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North:
Zoned RA, Rural Areas District
Use:
Residential
South:
Zoned RA, Rural Areas District
Use:
Unimproved
East:
Zoned: M -1, Light Industrial District
Use:
Unimproved
West:
Zoned: RA, Rural Areas District
Use:
Unimproved
Zoned: M -1, Light Industrial District
Heavy Commercial
TRANSPORTATION
The 2.77± acre subject site has approximately 440' of frontage along Martinsburg Pike
(U.S. Route 11) and approximately 450' of frontage along Old Charles Town Road
(Route 761). A Traffic Impact Analysis (TIA) has been prepared for the rezoning
application by PHR &A dated October 15, 2008. The TIA modeling assumes a full
commercial entrance along Old Charles Town Road and a right- in/right -out commercial
entrance along Martinsburg Pike. The TIA provides information pertaining to existing
lane geometry and levels of service at the intersections, accounts for background traffic
associated with other planned projects, includes an average annual traffic increase on
Martinsburg Pike and Old Charles Town Road, and accounts for a mix of commercial
development on the 2.77± acre site including retail, restaurant and convenience store with
gasoline pumps.
The TIA utilizes traffic volumes from the 7 Edition of the Institute of Traffic Engineers
(ITE) Trip Generation Report for this site along with a growth rate of two percent (2 %)
compounded annually and vehicle trips relating to future developments including
Rutherford Crossing, FEMA, Snowden Bridge, Scruples, North Stephenson and the
Adams Commercial Center to calculate the 2010 build out conditions. The TIA
demonstrates that the intersection of Martinsburg Pike and Old Charles Town Road will
operate at a deficient level of service assuming background traffic impacts. The TIA
further identifies that the 2.77± acre site will generate 6,524 vehicle trips per day at total
build out in addition to the background traffic volumes.
The TIA identifies proffered improvements associated with the Snowden Bridge
development, which include traffic signalization at the intersection of Martinsburg Pike
Greenway Engineering October 27, 2008 Bishop -An ari Rezoning
Revised March 16, 2009
and Old Charles Town Road, a northbound right tam lane on Martinsburg Pike, and a
separated right and left turn lane on Old Charles Town Road. The TIA demonstrates that
these proffered improvements result in a deficient level of service at the intersection of
Martinsburg Pike and Old Charles Town Road during the PM peak hour and suggests that
the provision of an additional northbound through lane on Martinsburg Pike is needed to
bring the intersection to an acceptable level of service. The TIA demonstrates that the
additional traffic associated with the development of the 2.77± acre site further decreases
the level of service at the intersection of Martinsburg Pike and Old Charles Town Road
during the AM peak hour. The TIA recommends that in addition to the northbound
through lane on Martinsburg Pike, there will need to be a dual left turn lane on Old
Charles Town Road to facilitate turning movements onto Martinsburg Pike when the
network is fully developed and the background development projects are constructed.
The Applicants have considered the impacts associated with the rezoning of the 2.77±
acre site as demonstrated by the October 15, 2008 TIA. The Applicants have prepared a
proffer statement that is intended to address their impacts, as well as assist with impacts
created by background development projects. The proffer statement provides for the
widening of Martinsburg Pike (U.S. Route 11 North) to include new pavement for a
second northbound thin lane along the entire property frontage and a continuous right -
rum lane from the intersection of Old Charles Town Road to the right- in/right -out
entrance; the widening of Old Charles Town Road (Route 761) to provide new pavement
for a future second left-tum lane at the intersection of Martinsburg Pike and a continuous
free flowing right -tum lane along the entire property frontage and raised median control
at the Martinsburg Pike intersection; the provision of an inter-parcel parking lot access
drive to support ingress and egress to adjoining parcels; the provision of 5 -foot wide
sidewalks along Martinsburg Pike and Old Charles Town Road; right -of -way dedication
to VDOT sufficient to accommodate the planned urban four -lane divided typical section
on Martinsburg Pike and the planned urban collector typical section on Old Charles
Town Road; and a monetary contribution for future improvements associated with the
realignment of Hopewell Road and Bmcetown Road (Route 672) that can be utilized as
matching funds by the County. The Applicants' proffer statement commits to the
implementation of these improvements in conjunction with the fast site plan approved for
the 2.77± acre site; therefore, this proposal mitigates transportation impacts associated
with this request and assists in the mitigation of transportation impacts created primarily
by background traffic generation through the Martinsburg Pike corridor.
SEWAGE CONVEYANCE AND TREATMENT
The 2.77± acre subject property is located within the Route 11 North Sewer and Water
Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) developed an
8 -inch sewer force main adjacent to the Winchester and Western Railroad to provide
sewer transmission from this area of the County to the Opequon Water Reclamation
Facility (OWRF) located on Berryville Pike (U.S. Route 7). The 2.77± acre subject
property will be designed to direct sewage flows to an approved sewer pump station that
File Na90fiiEAW
Greenway Engineering October 27, 2008 Bishop -Amari Rezoning
Revised March 16, 2009
will be developed on the Easy Living Mobile Home Park property, which will flow to the
8 -inch sewer force main. The Applicants have worked with these property owners on an
agreement to allow for sewer line easements within the Westfield Business Park and Easy
Living Mobile Home Park properties to access the approved sewer pump station.
The Applicants have not defined a specific use for the 2.77± acre subject property.
Therefore, based on comparable discharge patterns, the Frederick County Sanitation
Authority (FCSA) has determined that 500 gallons /day per acre is a reasonable guide for
estimating the sewer impact for this commercial site.
Q = 500 gallons /day /acre
Q = 500 gpd x 2.77 acres
Q = 1,385 gpd
The proposed commercial center is estimated to add 1,385 gallons per day to the public
sewage conveyance system and the Opequon Water Reclamation Facility (OWRF). The
design capacity of the treatment plant is 8.4 million gallons per day (MGD) during
summer months and 16.0 MGD during winter months. Approximately 6.8 MGD of this
capacity is currently being utilized at the OWRF; therefore, the build -out of 2.77± acre
subject property would require approximately 0.08% of the available capacity at this
facility. This information demonstrates that the 2.77± acre subject property can be
developed with adequate sewer service.
WATER SUPPLY
The 2.77± acre subject property is located within the Route 11 North Sewer and Water
Service Area. (SWSA). The development of the Snowden Bridge Subdivision has
established a new 16 -inch water line that follows Old Charles Town Road along the
frontage of the subject property. This new water line was adequately sized to provide for
transmission and pressure needed to serve land uses within the Route 11 North Sewer and
Water Service Area.
The Applicants have not defined a specific use for the 2.77± acre subject property.
Therefore, based on existing water consumption patterns, the Frederick County Sanitation
Authority (FCSA) has determined that 1,000 gallons /day per acre is a reasonable to
consider for the water impact analysis for this commercial site.
Q = 1000 gallons /day /acre
Q = 1000gpd x 2.77 acres
Q = 2,770 gpd
The proposed uses will utilize an estimated 2,770 gallons of water per day. The Northern
Water Treatment Plant provides 2.0 million gallons per day of potable water from the
former Global Chemstone Quarry as one of the water sources contributing to the public
Fle# 906 AW
Greeoway Engineering October 27, 2008 Bishopdanari Rezoning
Revised March 16, 2009
water system within the Route 11 North Sewer and Water Service Area. The projected
water usage for the build -out of the subject property would require approximately 0.14%
of the available capacity at this facility; therefore, this information demonstrates that
adequate water capacity is available for this development.
SITE DRAINAGE
The 2.77± acre subject site gently slopes from the east to west towards the intersection of
Martinsburg Pike (U.S. Route 11 North) and Old Charles Town Road (Route 761). There
is approximately five feet to topographic relief on site; therefore, it is anticipated that
storm water management will be designed within the southwestem portion of the subject
site, which will then be channelized into the drainage system along Old Charles Town
Road. Specific measures to accommodate stormwater quantity and quality will be
address during the Site Development Plan design process to verify the adequacy of
existing drainage structures and to ensure that there are not negative impacts to
surrounding properties.
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities can be projected from an average annual
commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil
Engineering Reference Manual, 4' Edition). The following figures show the increase in
the average annual volume based on a maximum development of 20,000 square feet of
commercial land use:
AV V = 5.4 cu. Yd. Per 1,000 sq. ft. commercial
AAV = 5.4 cu. Yd. x 20.0
AAV = 108.0 cu. Yd. at build out, or 75.6 tons at build out
The Municipal Solid Waste area of the regional Landfill has a current remaining capacity
of 13,100,000 cubic yards of air space. The maximum development of the commercial
center will generate approximately 75.6 tons of solid waste annually on average. This
represents a 0.037% increase in the annual solid waste received by the Municipal Solid
Waste area of the Regional Landfill, which currently average 200,000 tons per year;
therefore, this information demonstrates that the Regional Landfill has adequate capacity
to accommodate the solid waste impacts associated with this proposal. Solid waste
produced by the proposed commercial development will be routed to the Regional
Landfill by a commercial waste hauler; therefore, the County will receive tipping fees
associated with this land use to mitigate this impact.
File n4906MkW
Greenway Engineering October 27, 2008 Bishop -Amari Rezoning
Revised March 16, 2009
HISTORICAL SITES AND STRUCTURES
The 2.77± acre site does not contain structures deemed to be historically significant, nor
are there potentially significant structures adjacent to the subject property. The Frederick
County Rural Landmarks Survey identifies Kenilworth ( #34 -113) approximately 3 / mile
north of the subject property Woodburn ( #34 -102) approximately 1 /2 mile southwest of
the subject property. Neither of these structures are visible from the subject property;
therefore, the development of this property will not negatively impact these structures or
their viewsheds.
The entire 2.77± acre subject property is located within the identified core battlefield area
of Second Winchester - Stephenson's Depot. The National Park Service Study of Civil
War Sites in the Shenandoah Valley identifies this portion of the core battlefield area as
- retained integrity "; however, it should be noted that there are two residents that have
been developed on the subject property. The Applicants have prepared a proffer
statement, which includes a section entitled Site Design Controls to mitigate potential
impacts to the Second Winchester- Stephenson's Depot viewshed on the south side of Old
Charles Town Road (Route 761). This section of the proffer statement includes the
orientation of all occupied commercial structures along the frontage of Old Charles Town
Road; the prohibition of parking spaces and travel aisles in front of the occupied
commercial structures; the placement of gasoline canopies behind the occupied
commercial structures; the reduction of permitted structural heights and outdoor lighting
fixtures; the screening of roof - mounted mechanical equipment; and the reduction of
permitted sign height and sign size. Additionally, the proffer statement commits to the
placement of an information kiosk on the plaza for the development that will provide
historic information as deemed appropriate by the County's Historic Resources Advisory
Board (HRAB). Design standards for the information kiosk have been provided based on
recommendations from the HRAB Chair to ensure that this structure is beneficial to
travelers and residents of the community. Therefore, the Applicants' proffer statement
provides measures to mitigate viewshed impacts to this portion of the core battlefield
area.
OTHER IMPACTS
The rezoning and commercial development of the 2.77± acre subject property is not
anticipated to negatively impact public services and will provide economic development
revenue that will benefit the County. However, the Applicants' proffer statement
provides a monetary contribution to Frederick County for general fire and rescue services
to further mitigate impacts associated with this project. No additional impacts to County
capital facilities or services are anticipated by this economic development project.
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BISHOP -AMARI PARCEL, ROUTE 11 NORTH `r\
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BISHOP -AMARI PARCEL
ROUTE 11 NORTH
GREENWAY ENGINEERING
A Traffic Impact Analysis of
Bishop -Amari Parcels
(Route 11 /Old Charlestown Road)
Located in:
Frederick County, Virginia
Prepared for:
Mr. Thomas Amari
285 Baggess Lane,
Winchester, VA 22603
Prepared by:
Patton Harris Rust & Associates
Eng nea s. Surveyors. manners. Lm( cwe NcN toots.
IoI;o D21 P + ` T
30L223 0 • F I 301 1. .223 683
October 15, 2008
OVERVIEW
Report Summary
Patton Harris Rust & Associates (PHR +A) has prepared this document to present
the traffic impacts associated with the proposed Bishop -Amari Parcels located along the
east side of Route II (Martinsburg Pike), north of Old Charlestown Road, in Frederick
County, Virginia. The proposed project is comprised of 15,000 square feet of specialty
retail, a 16 -pumps gas station with convenience mart and a 5,000 square foot high- mmover
restaurant. Access is to be provided via a right in/right out only site - driveway located
along the east side of Route 11 and a full- access site - driveway located along the north side
of Old Charlestown Road. The proposed development will be built -out over a single
transportation phase by the year 2010. Figure 1 is provided to illustrate the location of the
Bishop -Amari Parcels with respect to the surrounding roadway network.
Methodology
The scope of study provided in this report is based upon a scoping session with
Virginia Department of Transportation (VDOT)/Frederick County staff on March 13, 2007.
The traffic impacts accompanying Bishop -Amari Parcels development were
obtained through a sequence of activities as the narratives that follow document:
• Assessment of background traffic including other planned projects in the area of
impact,
• Calculation of trip generation for the Bishop -Amari Parcels,
• Distribution and assignment of the Bishop -Amari Parcels generated trips onto the study
area road network,
• Analysis of capacity and level of service using SYNCHRO for existing and future
conditions.
P
ATratfic /moan Armlvsu ofrhe Bish(kmbe I5, r 5, I
Octobe
�l l
Project Number: IS256 -1 -0
-1 0
1 1
Page t
No Scale
O
SUE
Tf
Figure 1 Vicinity Map: Bishop -Amari Parcels, in Frederick County, VA
A T fli I Aoalylu (he Bishoo -Amari Parcels
^ = :-I 15, 2008 _
P T TR + l Project Nu: 52561 -0
1�-tl Page 2
EXISTING CONDITIONS
PHIL +A conducted AM and PM peak hour manual turning movement counts at the
intersection of US Route 11 /Old Charlestown Road. ADT (Average Daily Traffic) was
established along each of the study area roadway links using an assumed "k" factor (the
ratio of PM peak hour traffic volumes to 24 -hour traffic volumes) of 10 %.
Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key
locations throughout the study area. Figure 3 shows the respective existing lane geometry
and AM/PM peak hour levels of service. All traffic count data and SYNCHRO levels of
service worksheets are included in the Appendix section of this report. PHR +A has
provided Table 1 to show the 95" percentile back of queue and levels of service for each
lane group during existing conditions.
T A TraRcimoactAuabsuoftM B "h -A 'P
I
PT T� October 15, 20118
1 H 1 \��lLL ` Project Number: 152 56-1 Page 3
Page 3
No Scale
AM Peak Hour (PM Peak flour)
Figure 2 E7asting Traffic Conditions
AT tfi 1 Aoal f B'sha -Amon Parcels
P { T T- �� //�\ Oel.t r 15, 20M
—� �! i Projec[Number: 152 Page4
PH l Page 4
No Scale
AM Peak Hour (PM Peak Hour)
Denotes Two -way Left turn lane
• Denotes critical unsignalized movement
Figure 3 Existing Lane Geometry and Levels of Service
A Trafl / A 1 f h B' h -A 'P 1
P7 TI�� ` October 15, 2008
I t -1 ��ll l Project Number: 1525 &I -0
Page 5
Table 1
Bishop- Arnari Parcels (Route 11/01d Charlestown Road)
Levels of Service and Back of Queue (95%) Results
Existing Conditions
Lane AM Peak Hour PM Peak Hour
Intersection Traffic Group/ Back o[ Back of
Control , ' LOS no> LOS Omma
I1 & Old Charlestown) Umagnaliaed
Road
EB = Eastbound, WB = Westbound, NB = Nanhbound, SB = Southbound
L: Left, T:Tb., R: Right
Minimum queue length is assumed to be 25 feet
A T / A l ts o f t he B' h -Amari Pullet'
P October 15, 2W6 _
H E Pmject Number: 15256 -1 -0
Page 6
2010 BACKGROUND CONDITIONS
PHR +A increased the existing traffic volumes (Figure 2) along Route 11 and Old
Charlestown Road using a growth rate of two percent (2 %) per year through Year 2010.
Additionally, all trips relating to specific future "other developments" located within the
vicinity of the proposed development were included. Based upon the 7 Edition of the
Institute of Transportation Engineers' (rM) Trip Generation Report PHR +A has provided
Table 2 to summarize the calculated trips associated with each of the 2010 `other
developments ". Figure A is provided in the Appendix section of the report to show the
location of each of the background developments.
Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes
at key locations throughout the study area roadway. Figure 5 shows the corresponding
2010 background lane geometry and AM/PM peak hour levels of service. SYNCHRO
levels of service worksheets are provided in the Appendix section of this report. PHR +A
has provided Table 3 to show the 95 percentile back of queue and levels of service for
each lane group during 2010 background conditions.
PH T ♦ TraRc fmoarfAwivsu ofihe Buho -A 'P 1
��` October 15, 2008
Project Number: 15256 -1-0
Page 7
Table 2
2010 "Other" Developments
T. - P--mi. Bnmmary
Code Land Use
--• _
Amon nt
- - AM Pmk HOOT
ut
nn O Total
PM Peak Hwr
lu Out Total
ADT
Rutherford Crusting
130 Industrial Park
215,(100 SP
152
33
186
44
IM
208
1,814
862 Home Impr. Supemore
117,000 SF
76
65
140
135
152
289
3581
815 auemnt Store
127,000 SF
73
M
107
321
321
643
7,115
814 Specialty Reail
187,147 SF
139
89
228
201
264
471
8,044
932 H -T Retftamm
5,000 SF
30
28
58
33
21
55
6%
934 Fmt Food w/ DT
4500 SF
122
117
239
81
75
156
2233
932 H -T Resmocrm
4,800 SF
29
27
55
32
20
52
610
932 H- IResmorm
5,50[l SF
33
30
63
37
23
W
699
932 H Restaurant
7,200 SF
43
40
83
48
31
79
915
912 Dti,em Bet
4,100SF
28
22
51
94
94
188
1,004
Total
725
485
1,210
1,031
1,165
2,197
2,652
Other Developments
730 FEMA
350 employees
1%
24
214
86
191
277
2,713
812 Buildingamuber Store
15,000 SF
26
13
39
33
37
70
639
Total
216
37
253
119
228
347
3J52
Stephenson Village
210 Single - Family Detached
429 wits
77
232
310
255
144
399
4,290
220 Apanmwt
240 wits
20
103
123
100
49
149
1,573
230 TownhcuWCondo
3% units
26
125
150
127
62
189
3,393
251 Elderly Horsing - Detach
2% mils
29
51
80
78
44
123
1,1164
253 Eldery Housing - Attach
72 units
3
2
5
4
3
7
251
Total
155
513
667
561
302
866
10,570
Stroud. Potterly se
130 Industrial Park
898,425 SF
459
101
559
154
580
734
5,201
820 Retail
73500 SF
79
51
130
245
266
511
5,559
Total
538
152
689
399
M6
1,245
10,70
NnM Stephenson (Omps PruPern)
110 Light Indususl
800,0110 SF
752
103
855
118
863
981
5,874
Total
752
]m
855
118
863
981
5,894
Adams CpmmeorLd
150 Warehousing
120,000 SF
78
17
95
19
57
75
792
151 SelfService Smmge
W," SF
12
9
21
18
17
35
334
710 Office
120,000 SF
191
26
217
36
177
213
1,535
812 BuildingNsmber Store
25,000 SF
44
21
65
59
E7
126
1.024
860 Wholesale Market
150,000 SF
41
M
75
14
17
32
1,010
Total
1 366
107
473
1 146
334
481
1 4
s Assumed Phase 1 baild-om for Yea 2UIU
- Assumed 75 % build -am for Year 2010
A Traffic / Amf sis ofshe Bishop -Amdri Parcels
O
P � ^ der: 15256-1 -0
1�L l Project Number: -0
Page 8
i
N. Scale
, 4. era,e Dailc Trips
Figure 4 2010 Background Traffic Conditions
PH 7� ♦ Trffic /moanAwly' fh B'h -A 'P I
�� \` Ocmber -1-0
Pmject Number 152525 6 -1 -0
Page 9
No Scale
AM Peak Hour (PM Peak Hour)
Denotes Two -way Left turn lane
* Denotes criticai unsi9mlized movemen
Figure 5 2010 Background Lane Geometry and Levels of Service
A Traffic fmwa Awl f lh Bah -Amon P arcels
P T7"� Omober 15
+ \ Project Namber: 15256-1 -0
1 1 \`1L \\ Paee 10
Table 3
Bishop -Amarl Parcels (Route 11 /Old Charlestown Road)
Levels of Service and Back of Queue (95 %) Results
2010 Background Conditions (w /suggested im
Inmrsecfion
Traffic
Control
Lane
Group/
A ro a
Approach
provements
AM Peak Hour
LOS Back of
Queue
PM Peak Hour
LOS Back of
Queue
WB/L
E
324.0
D
212.0
WB/R
- WT
A
71.0
A
48.0
LOS
D
C
Route 1I & Old Charlestown
Road
Signalized
NBT
NB?
NB/R
B
A
146.0
25.0
C
A
52].0
48.0
NB LOS
B
C
SB/L
A
41.0
D
239.0
SB/1' I
D
957.0
B
482.0
SB LOS I
C
C
Overall
LOS I
C
C
Assumed 25 feet Vehicle Length
EB = Eastbound, W B = Westbound, NB = Northbound, SB = Southbound
L: Left, T:Thm, R: Right
Minimum queue lengm is assumed m be 25 feet
_ P 7� ,k ATonic lmoactA I fh B'h -A 'P I
H + \ Webe 15, 2008
Project Number: 15256 -1 -0
Page 11
TRIP GENERATION
The total trips produced by and attracted to the site were established using the 7
Edition of the institute of Transportation Engineers' UM) Trlp Generation Report Table
4 is provided to summarizes the trip generation results for the proposed Bishop -Amari
Parcels development.
TRIP DISTRIBUTION AND TRIP ASSIGNMENT
PHR +A utilized the trip distribution percentages shown in Figure 6 to assign the
Bishop -Amari Parcels trips CTable 4) throughout the study area roadway network. Figure
7 show the corresponding development - generated AM /PM peak hour trips and ADT
assignments.
2010 BUILD -OUT CONDITIONS
The Bishop -Amari Parcels assigned trips (Figure 7) were added to the 2010
background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 show
the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations
throughout the study area roadway network. Figure 9 show the corresponding 2010 build -
out lane geometry and AMIPM peak hour levels of service. Tables 5a and 5b are provided
to show the 95' percentile back of queue and levels of service for each lane group during
2010 build -out conditions to achieve the recommended levels of service "C" and "D ",
respectively. All SYNCHRO levels of service worksheets are included in the Appendix
section of this report.
A T t Asulms OEM' Bilhoo -Amon P arcels
T /� October 15, 2008
P T { +/\ Project Number: 15256-1 -0
1 H 1 ���11L ` Page 12
Table as
Proposed Development: R,mI -Amari Parcels (Route IUOId Charlestown Road)
Trip Generaaon Summary
AM Peak Hour
PM Peak Hour
ADT
Code
Land USe Amount to Out Total
In
Out Total
614
Spcoully Reel 15,00 SF 31 20 50
25
32
57
30
679
e
em H 1 1
2�
932
-T ReslaureN 5,0005E 30 28 58
33
sub-mml 198 18.5 M2
212
207
420
9,997
40%Po,+4y (cote 853) 55 55 170
62
62
123
3,473
TRIP DISTRIBUTION AND TRIP ASSIGNMENT
PHR +A utilized the trip distribution percentages shown in Figure 6 to assign the
Bishop -Amari Parcels trips CTable 4) throughout the study area roadway network. Figure
7 show the corresponding development - generated AM /PM peak hour trips and ADT
assignments.
2010 BUILD -OUT CONDITIONS
The Bishop -Amari Parcels assigned trips (Figure 7) were added to the 2010
background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 show
the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations
throughout the study area roadway network. Figure 9 show the corresponding 2010 build -
out lane geometry and AMIPM peak hour levels of service. Tables 5a and 5b are provided
to show the 95' percentile back of queue and levels of service for each lane group during
2010 build -out conditions to achieve the recommended levels of service "C" and "D ",
respectively. All SYNCHRO levels of service worksheets are included in the Appendix
section of this report.
A T t Asulms OEM' Bilhoo -Amon P arcels
T /� October 15, 2008
P T { +/\ Project Number: 15256-1 -0
1 H 1 ���11L ` Page 12
No Scale
Figure 6 Trip Distribution Percentages
P �TT '{ \ } / A \ A Traffic Impact Awlysu (h B'h -A P I
� ` �( l Ombu 15, 2008
� Project Number: 15256 -1-0
Page 13
No Scale
AM Peak nom(PM Peak Hour)
Figure 7 Development - Generated Trip Assignments
A T impact A! ysis of the B' h- Amar'P
� October 15,2008
PH /\ Project Number: 15256-1 -0
���lll i Page 14
No Scale
AM Peak Hour(PM Peak Hour)
Figure 8 2010 Build -out Traffic Conditions
T� ATr lfl l A / (he B' fi A ' P Ls
P7 7� 5. 2008
Oetober 1
l i Project Number: 15256 -1 -0
Page 15
AM Peak Hour (PM Peak Hour)
Denotes Two -way Left turn lane
Denotes Turn -lane per VDOT requiremen
• Denotes critical unsignalized movement
Figure 9 2010 Build -out Lane Geometry and Levels of Service
A T,,Mc t Arylesis of Aryl B' h -Aran P arcels
, /•` Oember 15, 2008
P T��-r, ` Project Number 15 P a I -0 J
H ���ll[ i Page 16
Table 5a
Bishop -Amarl Parcels (Route 11/Old Charlestown Road)
Levels of Service and Back of Queue (95 %) Results
2010 Build -out Conditions (w/ suggested improvements for recommended
Intersection
Traffic Control
Lane
Group/
Approach
AM Peak Hour
Back of
Queue
PM Peak Hour
Back of
LOS
Queue
WB/L
WB/L
D
187.0
D
146.0
WB/R
A
70.0
A
52.0
WB LOS
C
C
Rome I I & Old Charlestown
Road
Signalized
(For LOS "C")
NNBBfr
NB/R
e 133.0
A 25.0
D
A
563.0
71.0
NB LOS
A
C
.MIT
B
152.0 -
'
328.0
SBfr
C
1172.0
B
t 354,0
SB LOS
C
C
Overall
LOS
C
C
Old Charlestown Rd & Site-
Drive N]
EB/LT
A
25.0
A
25.0
Unsignalized
WB/iR
SB/LR
B
25.0
B
25.0
Route 11 & Site -Drive k2
Unsignalized
]light ln/Out
NrB/P
NB/R
-
-
-
-
SB/P
' Assumed 25 feet Vehicle Length
EB = Eastbound, WB = Westbound, NB - Northbound, SB = Southbound
U Left, T:Thm, R: Right
Minimum queue length is assumed to be 25 feet
AT ff- AMull A.Irlur et B'h A 'P !
PH1 +A October 15, 2008
Project Number: 15256 -1 -0
Page 17
Table 5b
Bishop -Amari Parcels (Route 11 /Old Charlestown Road)
Levels of Service and Back of Queue (95 %) Results
.. :,a r,...a:w —. I./ so,raected imurovements for recommended LOS -'D')
. n,F
neswucu u .0 .. ....... . .. .- ...
Ell = Eastbound, WB = Westbound, NB = Northbound, SB = Southbound
L: Leh, T:Thre, R: Right
Mirdmum queue length is assumed to be 25 feet
A T 1mratc, Atmltssts o fthv B h -Amari Parcels
October I5, 2008
PT T Roject Number. 15256 -1 -0
1 �--{ 1 Page 18
Lane A
AM Peak Hour P
-
Intersecdon T
Traffic Control G
Group/ L
LOS Back of P
Back of
WB/L F
F 500.0 3
37
WB/R A
A 68.0 9
92
WB LOS D
D D
P B
NBIT A
A 143.0 5
58
Route 1 l &.Old Charlestown (
Signalized N
NB LOS A
A D
D
SB/L B
B 169.0 E
E 3
351.0
SBfr D
D 121&0 B
B 4
427.0
SB LOS D
D C
C
Overall L
LOS C
C D
D
EB/LT A
A 2
25.0 A
A 2
25.0
Old Charlestown Rd & Site U
Unsignaliwd W
WBfIR -
- -
- -
- D
SRAR B
B 2
25.0 B
B 2
25.0
Drive #I S
WB/R -
-
Unsignalized
Route 11 &Site -Drive N2 R
Right WOut N
NB/R
SB
neswucu u .0 .. ....... . .. .- ...
Ell = Eastbound, WB = Westbound, NB = Northbound, SB = Southbound
L: Leh, T:Thre, R: Right
Mirdmum queue length is assumed to be 25 feet
A T 1mratc, Atmltssts o fthv B h -Amari Parcels
October I5, 2008
PT T Roject Number. 15256 -1 -0
1 �--{ 1 Page 18
TURN -LANE WARRANT ANALYSIS
In order to determine the right -turn lane requirement along Route 11 during future
(2010) traffic conditions at the study area intersections, right -turn lane warrant analyses
was completed as per "VDOT Road Design Manual: Guideline for Right Tom Treatment'.
Accordingly, a northbound right -tum lane will be warranted along Route 11 at the
intersection of Route 11 /Site - Driveway #2 during 2010 build-out conditions. The
aforementioned reference is provided in the Appendix section of this report.
Existing + Proposed Development Traffic Conditions
For informational purposes, PHR +A has provided analysis for the existing +
proposed development- generated traffic conditions to observe the traffic impacts of the
proposed development on the study area network. Based upon Synchro analysis results,
assuming the proffered (by others) improvements, all the study area intersections will
maintain overall levels of service "B" or better. Figure B is provided in the Appendix
section of the report to show the ADT and AM/PM peak hour traffic volumes. Figure .0
shows the corresponding existing + proposed development AMIPM peak hour levels of
service in the Appendix section of the report.
The following reiterates the off -site roadway improvements recommended for each
of the study area intersections:
• Route 11 /Old Charlestown Road- In order to achieve levels of service "C" or
better, this intersection will require traffic signalization, a northbound right -mm
lane and a westbound right lane during 2010 build -out conditions. All of
the aforementioned improvements are proffered by others at this intersection.
A Traffic lmuan AnaW' of B'h -A 'p
P7 7RA Omber 15, 2008
1�—yl Project Number: 15256 -1 -0
Page 19
CONCLUSION _
Based upon Synchro analysis results, assuming the proffered improvements (by
others) as well as non - proffered improvements (suggested) shown in Figure 9; all the study
area intersections will maintain levels of service "C" or better during 2010 build -out
conditions. The following describes the off -site roadway improvements recommended for
the intersection of Route 11 /Old Charlestown Road:
Proffered Improvements (by others)
- signalization
- one westbound right -turn lane
- one northbound right -turn lane
In addition to the aforementioned proffered improvements, the following non - proffered
improvements are suggested at the intersection of Route ll /Old Charlestown Road to
maintain levels of service "D" and "C ", respectively.
➢ Non-Pro ered (Suggested) Improvements (to achieve LOS "D ")
one northbound through lane
Non Proffered (Suggested) Improvements (to achieve LOS "C ")
one westbound left -turn lane
NOTE: Funding source for the aforementioned non - proffered improvements have yet to be
identified.
The bicycle facility is planned for the west side of Route 11 and will not be
accommodated adjacent to the site. However, the Proffer Statement provides a monetary
contribution towards improvements associated with the Hopewell Road and Bmcetown
Road realignment.
A T ImWct Aniaty fh, B' h -Amar P arcels
r� October 15,2008
_
P� } / \ Roject Numbu: 152561-0
���11L 111 Page 20
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Eneineerine
Telephone: 540- 662 -6816
Address: 151 Windy Hill Lane, Winchester, VA 22602
2. Property Owner (if different from above)
Name: Gregory Bishop & Thomas Amari
Telephone: (540) 974 -1175
Address: 285 Boggess Lane, Winchester VA 22603
3. Contact person if other than above
Name: Evan Wyatt AICP
Telephone: 540 - 6624185
4. Checklist: Check the following items that have been included with this
application.
Location map ® Agency Comments
Plat Fees
Deed to Property Impact Analysis Statement
Verification of taxes paid Proffer Statement �—
The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Gregory Bishop
Thomas Amari
5. A) Current Use of the Property: Residential
B) Proposed Use of the Property: Commercial
6. Adjoining Property:
Please refer to attached Adjoining Property Owner Map and
Table.
The sub'ect W70T)ertv is located in the northeast quadrant of the intersection of
Martinsburg Pi ke (U S Route 11) and Old Charles To Road (Route 761).
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification/Location:
Parcel Identification Numbers 44 -A-43
Districts
Magisterial: Stonewall High School: James Wood
Fire Service: Clear Brook Middle School: James Wood
Rescue Service: Clear Brook Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Re uested
2.77±
RA District
B2 District
2.77
Total Acreage to be rezoned
11. The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: N/A Townhome: N/A Multi - Family N/A
Non - Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A
Square Footage of Proposed Uses
Office: _
Retail:
Restaurant:
Service Station:
Manufacturing:
Warehouse: _
Other See Note
Note: The Applicants' Proffer Statement limits occupied commercial development to a
maximum of 20,000 square feet, of which no more than 5,000 square feet can be in
restaurant land use.
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right -of -way until the hearing.
1 (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
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Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Firederick. Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540- 665 -6395 Phone 540- 665 -5651
Know All Men By These Presents: That (We)
(Name) Thomas Amari (Phone) (540) 974 -1175
(Address) 285 Boeeess lane Winchester VA 22603
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 080005787 on Page _ and is described as
Parcel: 44 Lot 43 Block: A Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Enelneerine Inc. (Phone) (540) 662 -4185
(Address) 151 Winds Hill Lane, Winchester, VA 22602
To act as my true and lawful attomey -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (om) above described
Property, including:
J
■
■
■
■
Rezoning (Including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) ha hereto set n our an and seal this 2641 day of , 200� 1StrDiR��
Signature(s)
7 •Z
State of Virginia, ity/ oun f FO'JZ✓IG� ,To- wit
I, Lb"ra L Mrs- a Notary Public in and for the jurisdiction aforesaid, certify that the person
signed to the foregoing instrument and who I (are) known to me, personally appeared before me an �3•y✓d ��i
fNOW.. O
ac" led m ged Ore same before me the jurisdiction aforesaid this 7s2b day of ^NI
p� 2002. Jx' S• •... p ;
kAw �p ry1, /� � pN.
,h / YsRX r-O My Commission Expires: ceb 2-q, 201 Z-
Notary Public Registration #: ?A(, I 0 (p
Revised 3/17108
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.cofrederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Rent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540- 665 -6395 Phone 540- 665 -5651
Know All Men By These Resents: That I (We)
(Name) Gregory A. Bishop (Phone) (540) 974 -1175
(Address) 285 BOggess Lane Winchester VA 22603
the owner(s) of all those tracts or parcels of land ( "Property') conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 080005787 on Page — and is described as
Parcel: 44 Lot: 43 Block A Section Subdivision:
do hereby make, constitute and appoint
(Name) Greenwav Engineering. Inc. (Phone) (540) 662 -4185
(Address) 151 Windy HUI lane Winchester VA 22602
To act as my true and lawful attomey -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
Rezoning (Including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
Comprehensive Policy Plan Amendment
My attorney- urfact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness there -E, k"a ve hereto set m�) hand and seat this 2O4 day of Kj_
of Virginia, City oun f FfBie✓ Ck- , To -wit: rw; A Vv,
I, ' Doriert. (_- NC(150 a Notary Public in and for the jurisdiction aforesaid, certify that the person
signed to the foregoing instrument and who I (are) known to me, personally appeared before me an
ac o kedged the same before
/ �mein the jurisdiction aforesaid this day of � , 200
pp 2.
pt / ItXJ&4e" My Commission Expires: Feb 29, Zed
Notary Public Registration #: 2-g6t06
Revisd 3117/08
Wj Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540- 665 -6395 Phone 540- 665 -5651
Know All Men By These Presents: That I (We)
(Name) Thomas Amari (Phone) (540) 9741175
(Address) 285 Boggess Lane Winchester. VA 22603
the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 080005787 on Page _ and is described as
Parcel: 44 Lot: 43 Block: A Section: Subdivision:
do hereby make, constitute and appoint
(Name) Greenwav Engineering. Inc. (Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane, Winchester. VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
I
Rezoning (Including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have
Signature(s)
set my (our) hand and seal this _ �_O day of ///dA7Y
• v
State of Virginia, Cit /County f Fy'edCVfcL_- ,To -wit
I, ' ✓ oc L. 1!c4so a Notary Public in and for the jurisdiction aforesaid, certify that the perso .
signed to the foregoing instrument and who I (are) known tome, personally appeared before me and
ax� nc ledged the,saame- bye�foregme in the jurisdiction aforesaid this 20+6 day of 0 200 4
fill. My Commission Expires: Z ZR ZG 12-
Notary Public Registration# Zcl(a 10 to
RevisM 3/17/08
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GREGORY A. BISHOP AND
THOMAS AMARI
2456 MARMSBURG PIKE
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fREDEMCK COUNTY, HRaN /A
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Land Surveyors, P.L.C. PHONE (540) 667 -0468
FAX (540) 667 -0469
CEA
Frederick County
Conservation Easement Authority
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Eric R. Lawrence, AICP, CEA Secretary 1 0 V
SUBJECT: Request for Authorization to Purchase a Conservation Easement on
the Betty Snapp Property
DATE: June 18, 2009
The Frederick County Conservation Easement Authority (CFA) has developed a
number of partnerships in an effort to further promote land conservation and acquire
_ development rights on key agricultural sites in the County. These partnerships have
enabled the CEA to secure funding for conservation easements as well as easement
stewardship. The CEA, and its partners, are pleased to present to the Board of
Supervisors the first qualifying property for acceptance into the County's Purchase of
Development Rights Program.
The first property on which the CEA seeks to establish a conservation easement is an
89.75 -acre parcel owned by Betty Snapp, an active family in the County's agricultural
community.
In order to formalize the acquisition of the conservation easement on the Snapp
property, the CEA is seeking three actions from the Board of Supervisors (details
for each action are included in the body of this memorandum):
1- Authorization to Execute a Memorandum of Understanding (MOU), between
the CEA and the Potomac Conservancy;
2- Authorization to Execute the Deed of Easement for the Snapp property;
and,
3- Appropriation of $395,000 for the acquisition of the conservation easement.
Please contact staff should you have additional questions about the easement program,
the Snapp property, or any aspect of the easement's funding. Timing is of the essence
on this easement request as the project funding is set to expire at the end of this fiscal
C/O Frederick County Planning Department, 107 North Kent Street, Winchester, VA 22601 (540-665 -5651)
Board of Supervisors
Re: Snapp Property PDR
June 18, 2009
Page 2
year. It is also noteworthy to mention that Senator Vogel has been instrumental in
securing the ability to use state grant funding for this easement.
Attached is additional information about the proposed easement, including an overview
of the Snapp property (Attachment 1), the draft Memorandum of Understanding (MOU)
(Attachment 2), the draft Deed of Easement (Attachment 3).
Should you have any questions about this request, please contact staff, or Ms. Diane
Kearns, Chair of the Frederick County Conservation Easement Authority.
ERUbad
Attachments: Description of the Snapp property (Attachment 1)
Draft Memorandum of Understanding (Attachment 2)
Draft Deed of Easement (Attachment 3)
Board of Supervisors
Re: Snapp Property FOR
June 18, 2009
— Page 3
Easement Program Background
Conservation Easement Funding
The Board of Supervisors allocated $265,000 and unanimously approved the
Conservation Easement Authority's (CEA) request to participate in the State grant
matching funds program on April 23, 2008. As a part of the request, the CEA also
expressed its commitment to finding outside funding sources that would completely or
partially meet the County's obligation to contribute matching funds toward the purchase
of an easement.
The County received a $265,000 matching grant from the Virginia Department of
Agriculture and Consumer Services' ( VDACS) Office of Farmland Preservation. In an
effort to secure additional funding for the easement, the CFA partnered with the
Potomac Conservancy to utilize a matching grant award from the USDA's Farm and
Ranchland Protection Program (FRPP)
Funding for the purchase of the conservation easement on the 89.75 acre Snapp
property has been obtained through these two reimbursable grants. The Virginia
Department of Agriculture and Consumer Services' ( VDACS) Office of Farmland
Preservation will contribute $135,000 towards the acquisition of the easement; the
USDA's Farm and Ranchland Protection Program (FRPP) will contribute $260,000.
The VDACS state grant program will enable us to use their funds in a dollar for dollar
match. The Federal Farm and Ranchland Protection Program (FRPP) grant requires a
matching contribution of one dollar for every two that the federal agency provides.
Board members should note that the State will count Federal dollars toward its
matching requirement and vice versa, thus affording the County with an
opportunity to acquire this easement without using any County funds. The
County will be reimbursed for its expenditures; no County funding will be necessary.
Memorandum of Understanding (MOU) — see Attachment 2
A Memorandum of Understanding (MOU) has been drafted between the Frederick
County Conservation Easement Authority (CEA) and the Potomac Conservancy, as co-
holders of the easement. The MOU delineates each party's responsibility as co- holder
of the easement, including the stewardship and legal defense of the easement.
The MOU must be signed at the time that an easement is established, thus the Board is
requested to review the MOU and consider it at the same time that they evaluate the
easement contract and finalized proposal for acquisition. Ultimately, the CEA will be the
responsible party overseeing the County's participation in the easement.
Board of Supervisors
Re: Snapp Property PDR
June 18, 2009
Page 4
Deed of Easement —see Attachment 3
The Deed of Easement is the recorded agreement between the property owner, the
USDA, the County, the CEA, and the Potomac Conservancy. Upon recordation of the
easement, the development rights to the property will essentially be extinguished,
thereby assuring that development will not occur on that particular property.
Conservation Easement Responsibilities
Once established, the easement on the Snapp property will be held in perpetuity by its
co- holders, and these co- holders will be responsible for assuring that the terms of the
easement are enforced over the years. The co- holders are the: Frederick County
Board of Supervisors, Frederick County Conservation Easement Authority, Potomac
Conservancy, and the United States Department of Agriculture (via the Natural
Resource Conservation Service).
An easement co- holder responsibility involves an annual inspection of the property
which requires about two to four hours of staff time per year. Through agreement with
the Potomac Conservancy, the Conservancy will take the lead on the annual inspection
and management of the easement.
Should an issue arise requiring that an easement's terms be enforced, the County
would need to assist in the legal costs associated with such an enforcement, and would
do so in partnership with its co- holders. The exact nature of this cooperation with co-
holders in enforcing an easement is outlined in the MOU between Frederick County and
the Potomac Conservancy (attached). It should be noted that the need to enforce a
property's terms via legal action is very rare, but that it is important for the Board to be
aware of this possibility in considering the acquisition of this property's development
rights.
0
11
E
Board of Supervisors
Re: Snapp Property PDR
June 18, 2009
-- Page 5
ATTACHMENT
Description of the Snapp property
Conservation Easement Purchase Proposal:
The CEA is proposing the purchase of an easement on the Snapp Property for a total of
up to, but no more than, $395,000 (including closing costs).
• $135,000 will come from the VDACS Office of Farmland Preservation
($135,000 of the $265,000 matching grant awarded to Frederick County in
February of 2008)
• $260,000 will come from the US Department of Agriculture's Farm and
Ranchlands Protection Program (FRPP)
Ms. Snapp has agreed to sell the easement for this price with the difference between
the selling price and market value being considered as a donation.
The CEA has used $3,000 of its own funds to help with preparatory costs such as a
certified appraisal.
$395,000 will be funded by VDACS and FRPP reimbursable grants.
The easement will be held by both Frederick County and the Potomac Conservancy,
Property Information
Owner: Ms. Betty D. Snapp
Acreage: 89.75
Property ID: 72 -A -12
Zoned: RA
Magisterial District: Back Creek
Current Use: Pasture
• Site is adjacent to a 151 acre working farm currently protected by a Conservation
Easement held by the Potomac Conservancy, the Virginia Outdoors Foundation
and the USDA FRPP.
• If subdivided as traditional five acre lots, the property could produce 17 lots
based on current County density.
• The property joins two state maintained roads: Fromans Road and Cedar Creek
Board of Supervisors
Re: Snapp Property PDR
June 18, 2009
Page 6
Grade (designated Scenic Byway).
• The parcel is located within the Cedar Creek watershed, which is listed as
impaired by the Virginia Department of Environmental Quality.
• There is a perennial spring on the property that feeds into Cedar Creek.
• The property is identified as having karst topography.
• The property contains prime soils for farming.
• The property qualifies for, and is currently in, agricultural Land Use
• Owners have implemented best management practices on the farm as
recommended by representatives from the Federal Natural Resources
Conservation Service and Lord Fairfax Soil & Water Conservation District.
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ATTACHMENT 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
POTOMAC CONSERVANCY
AND
The Frederick County Conservation Easement Authority
On this day of , 2008
PARTIES
The parties to this cooperative agreement are the POTOMAC CONSERVANCY, a tax
exempt land trust whose prime purpose is to protect the lands vital to the health, beauty
and enjoyment of the Potomac River and its tributaries., having an address at 19 West
Cork Street, Suite 201, Winchester, VA 22601, and the FREDERICK COUNTY
CONSERVATION EASEMENT AUTHORITY, a body corporate and politic, organized
under the Public Recreational Facilities Authorities Act, Chapter 56 of Title 15.2 of the
Code of Virginia (1950, as amended), for the purpose of enabling Frederick County to
acquire conservation easements, voluntarily offered by property owners, as a means of
assisting in the preservation of farm and forest land, open space, scenic vistas, historic
sites, water resources, environmentally sensitive lands and the County's rural character,
having an address at 107 North Kent Street, Winchester, VA 22601. Working in
partnership, the Conservancy and the FREDERICK COUNTY CONSERVATION
EASEMENT AUTHORITY can collectively improve the quality of stewardship and
ensure legal defense of our co -held conservation easements in perpetuity.
This Agreement is intended to clarify and set forth guidance for stewardship and
enforcement activities regarding the co- holding of conservation easements between the
POTOMAC CONSERVANCY and the FREDERICK COUNTY CONSERVATION
EASEMENT AUTHORITY. The POTOMAC CONSERVANCY and the FREDERICK
COUNTY CONSERVATION EASEMENT AUTHORITY agree to the following to
reach mutually beneficial conservation goals.
Stewardship Responsibilities:
AGREEMENTS
POTOMAC CONSERVANCY will serve as the lead on all Stewardship responsibilities
associated with the co -held conservation easements. POTOMAC CONSERVANCY will
serve as the primary contact with landowners in regards to all questions about their
conservation easements, site visits, approvals and any potential violations. POTOMAC
CONSERVANCY will share information about site visits, approvals and potential
violations with the FREDERICK COUNTY CONSERVATION EASEMENT
AUTHORITY through phone calls, memos and copies of site visit reports. POTOMAC
CONSERVANCY will also share files with the US Internal Revenue Service, the State
Treasurer, and the office of Attorney General and such other government agencies as may
be necessary. POTOMAC CONSERVANCY will keep copies of all original documents
and reports. More specifically the co- holders commit to the following:
Baseline Documentation POTOMAC CONSERVANCY will be responsible
for the cost and development of the Baseline Documentation Report and will
provide the FREDERICK COUNTY CONSERVATION EASEMENT
AUTHORITY and the landowner with one identical copy each of this report. The
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY and the
Conservancy will store the reports in a secure location and will not alter or change
their contents in any way.
Monitoring Visits: POTOMAC CONSERVANCY will contact the landowner to
schedule annual monitoring visits of the easement property. If the FREDERICK
COUNTY CONSERVATION EASEMENT AUTHORITY desires to join the
POTOMAC CONSERVANCY in yearly monitoring visits, we will work in good
faith to accommodate the landowners, the Conservancy's and the FREDERICK
COUNTY CONSERVATION EASEMENT AUTHORITY representative's
schedules. After conducting a monitoring visit, the Conservancy will write a
monitoring report and follow -up letter to the landowner, copies of which are to be
kept on file according to POTOMAC CONSERVANCY's record keeping policy.
The Conservancy will provide a copy of the monitoring report and follow up
letter to the FREDERICK COUNTY CONSERVATION EASEMENT
AUTHORITY.
• Record Keeping, Approvals and Landowner Correspondence: POTOMAC
CONSERVANCY will follow the provisions of it's record keeping policy when
corresponding with landowners and the FREDERICK COUNTY
CONSERVATION EASEMENT AUTHORITY and responding to requests for
approvals, amendments or notifications.
If the Conservation Easement requires the landowner to secure prior consent of
the Conservancy and the FREDERICK COUNTY CONSERVATION
EASEMENT AUTHORITY before taking an action, the Conservancy and the
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY will
collaborate in good faith (and within any applicable time limits) to develop a
response to the landowner's request for approval. The FREDERICK COUNTY
CONSERVATION EASEMENT AUTHORITY and Conservancy will make
every reasonable effort to develop a single, unified response; however, the
Conservancy and the FREDERICK COUNTY CONSERVATION EASEMENT
AUTHORITY recognize that they have separate and equal rights to grant or deny
consent, and if coordinating a unified response is not possible, they may respond
independently to the landowner's request. The landowner must secure both the
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY and
Conservancy's consent before taking any action requiring such consent.
_ The Conservancy and the FREDERICK COUNTY CONSERVATION
EASEMENT AUTHORITY will provide to each other a copy of any
correspondence received from or sent to the landowner related to the
Conservation Easement. If such correspondence is a written notice or request for
approval from the landowner, a copy must be provided within ten (10) days.
Violations Should a violation of the Conservation Easement occur, the
Conservancy will follow its internal Violation Response Guideline and will
collaborate in good faith with the FREDERICK COUNTY CONSERVATION
EASEMENT AUTHORITY to develop a unified response to the violation.
However, if the FREDERICK COUNTY CONSERVATION EASEMENT
AUTHORITY and Conservancy disagree as to whether a violation has occurred
or are unable to develop a unified response to a violation, each expressly retains
the right to enforce the terms of the Conservation Easement independently,
notwithstanding the action or inaction of the other.
Costs and Income Handling
As the lead organization addressing stewardship responsibilities for our co -held
conservation easements, POTOMAC CONSERVANCY will conduct all monitoring
work. Monitoring involves staff time, travel costs, and administrative costs associated
with organizing site visits, property documentation updates and completing detailed
reports. The FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY
will be asked to contribute to the monitoring costs of this co -held conservation easements
in either of the following ways:
(a) A one time Stewardship Gift for each conservation easement. This one time donation
should be made to the Conservancy by the landowner and/or the FREDERICK COUNTY
CONSERVATION EASEMENT AUTHORITY at closing or shortly thereafter. This gift
will be deposited in POTOMAC CONSERVANCY'S stewardship endowment and will
be used to cover the annual costs of monitoring and enforcement obligations.
(b) Annual fee paid by the FREDERICK COUNTY CONSERVATION EASEMENT
AUTHORITY to POTOMAC CONSERVANCY. This fee will be used to cover
monitoring and administrative costs for the year of particular co -held properties. The
obligation of the FREDERICK COUNTY CONSERVATION EASEMENT
AUTHORITY to continue making such payments on an annual basis shall, however, be
subject to appropriations being made for such payments and nothing herein shall obligate
the FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY to make
such payments in the event funds are not appropriated for same.
If the FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY and the
Conservancy jointly decide to proceed with litigation or a litigation alternative (including
but not limited to arbitration) to enforce the terms of a co -held Easement, the
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY and the
Conservancy will jointly finance said litigation or litigation alternative. If either the
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY or the _
Conservancy initiates litigation or a litigation alternative independently, the other party
having in good faith determined that such action is not necessary to fully defend the
easement, the litigating party will be solely responsible for costs incurred pursuant to that
litigation.
Prior to execution of an easement by the parties to such easement, co- holders agree to
keep conservation easement grantor (referred to as landowner throughout document)
information confidential and will not publish or distribute any information related to the
purchase price, appraised value of the conservation easement or specific terms and
restrictions of the easement deed with out written permission of the Landowner. Prior to
execution of an easement by the parties to such easement, landowner's names and
property locations may be released with verbal or written percussion of the landowner.
This Agreement becomes effective as of the date of signing, and continues indefinitely
unless it is expressly terminated by any party via written notice to the other parties, or
automatically terminated. The Conservancy and the FREDERICK COUNTY
CONSERVATION EASEMENT AUTHORITY may jointly modify or amend this
agreement. Should any party go out of business, dissolve, or cease to exist as an entity,
and no longer be able to hold or monitor the Conservation Easement, this agreement shall
automatically terminate and all responsibilities under the Easement shall vest in the party
or parties still in existence. The remaining party or parties shall notify the Landowner in
a timely manner of such dissolution. This Agreement is not transferable and no
privileges or responsibilities associated with this Agreement may be assigned to any
person or interest not a parry to this Agreement.
This agreement is signed this day of ,20_.
CO- HOLDING ORGNAIZATIONS
POTOMAC CONSERVANCY
Title:
FREDERICK COUNTY
CONSERVATION EASEMENT
AUTHORITY
M
Title:
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ATTACHMENT 3
WARRANTY CONSERVATION EASEMENT DEED
Prepared by: Anne Merwin, Potomac Conservancy, 19 West Cork Street, Suite 201
Winchester, VA 22601
,2009
TAX MAP NO.: 72 -A -12
Exempted from recordation tax
under the Code of Virginia (1950), as amended,
Sections 58.1 -811 (A) (3), 58.1 -811 (D) and from
Circuit Court Clerk's fee under Section 17.1 -266
THIS GRANT OF A CONSERVATION EASEMENT (this "Easement "), made
this _ day of 2009, by and between ELIZABETH A. SNAPP having an address
of 167 West Oaks Lane, Winchester, VA 22602 and R. WAYNE SNAPP, Trustee of the R.
ROLAND SNAPP ESTATE TRUST (collectively "Grantor") party of the first part,
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY, having an
address at 107 North Kent Street, Winchester, VA 22601, FREDERICK COUNTY,
having an address at 107 North Kent Street, Winchester, VA 22601„ POTOMAC
CONSERVANCY, INC. ( "Potomac Conservancy "), a nonprofit organization organized under the
laws of the State of Maryland, having its principal office at 19 West Cork Street, Suite 201,
Winchester, Virginia 22601 (collectively "Local Grantees "), and the UNITED STATES OF
AMERICA ( "United States ") acting by and through the United States Department of Agriculture
( "USDA ") Natund Resources Conservation Service ( "NRCS ") on behalf of the Commodity
Credit Corporation, party of the second part. The Local Grantees and the United States are
collectively referred to herein as the "Grantees ".
WITNESSETH
WHEREAS, Grantor is the owner in fee simple of real property situated on Cedar
Creek Grade in Frederick County, Virginia containing in the aggregate 89.75 acres, more
or less, as further described in Exhibit A (the "Property"), and desires to give and convey
to Grantees a perpetual conservation and open -space easement over the Property as
herein set forth; and
WHEREAS, Frederick County Conservation Easement Authority, a body politic
and corporate organized under the laws of the Commonwealth of Virginia for the purpose
of acquiring conservation easements, voluntarily offered by property owners, as a means
of assisting in the preservation of farm and forest land, open space, scenic vistas, historic
sites, water resources, environmentally sensitive lands and the county's rural character, is
a "qualified organization" and "eligible donee" under Section 170(h)(3) of the Internal
Revenue Code of 1986, as amended (and corresponding provisions of any subsequent tax
laws) and Treasury Regulation §1170A- 14(c)(1), and is willing to accept a perpetual
conservation and open -space easement over the Property as herein set forth; and
Grantees initials I Grantors initials
WHEREAS, Chapter 461 of the Acts of 1966, codified in Chapter 17, Title 10.1,
§ §10.1 -1700 through 10.1 -1705 of the Code of Virginia, as amended (the Open -Space
Land Act), declares that the preservation of open space land serves a public purpose by
curbing urban sprawl, preventing the spread of urban blight and deterioration and
encouraging more economic and desirable urban development, helping provide or
preserve necessary park, recreational, historic and scenic areas, and conserving land and
other natural resources, and authorizes the acquisition of interests in real property,
including easements in gross, as a means of preserving open -space land; and
WHEREAS, pursuant to Sections 10.1 -1700 and 10.1 -1703 of the Open -Space
Land Act, the purposes of this Easement include retaining and protecting open -space and
natural resource values of the Property, and the limitation on division, residential
construction and commercial and industrial uses contained in Section II ensures that the
Property will remain perpetually available for agriculture, livestock production, forest or
open -space use, all as more particularly set forth below; and
WHEREAS, the General Assembly, by Chapter 847 of the 2007 Acts of
Assembly, has appropriated $4.25 million to Virginia Department of Agriculture and
Consumer Services (VDACS) for the establishment of a state fund to match local
government purchase of development rights program funds for the preservation of
working farms and forest lands; and,
WHEREAS, § 3.2 -201 of the Code of Virginia authorizes VDACS' Office of
Farmland Preservation to develop methods and sources of revenue for allocating funds to
localities to purchase agricultural conservation easements; and,
WHEREAS, the Frederick County Board of Supervisors have enacted an
ordinance or passed a resolution that; authorizes, in accordance with Title 10. 1, Chapter
17 of the Code of Virginia ( "the Open -Space Land Act") and other applicable law,
Frederick County to purchase agricultural conservation easements from landowners (each
hereinafter called "Grantor "); and sets forth a clear, consistent, and equitable
administrative process governing such purchases; and outlines the goals and purposes of
Frederick County's farmland preservation program; and,
WHEREAS, the purchase of agricultural conservation easements is one
component of Frederick County and the Frederick County Conservation Easement
Authority's broader farmland preservation program; and,
WHEREAS, VDACS and Frederick County entered into an Intergovernmental
Agreement ("the IGA ") on February 26, 2008 to provide cooperation between VDACS
and Frederick County to implement VDACS contribution of funds in support of
Frederick County's purchase of agricultural conservation easements; and,
Grantees initials 2 Grantors initials
WHEREAS, Frederick County and the Frederick County Conservation Easement
Authority bas agreed to establish a transparent and replicable process for valuation of
agricultural conservation easements, and use a deed of easement that is sufficiently
flexible to allow for future agricultural production in purchases of agricultural
conservation easements for which Frederick County uses funds contributed to it by
VDACS; and,
WHEREAS, the Virginia Conservation Easement Act, Section 10.1 -1009, et seq.
of the Code of Virginia authorizes a charitable corporation, association or trust exempt
from taxation pursuant to 26 U.S.C.A. §501(c)(3), such as Potomac Conservancy, Inc., to
hold a non - possessory interest in real estate for purposes of retaining or protecting
natural, historic, and open -space values of real property, assuring its availability for
agricultural, forestal, recreational, or open -space use, protecting natural resources,
maintaining or enhancing air or water quality, or preserving the historical, architectural or
archaeological aspects of real property; and
WHEREAS, Potomac Conservancy, Inc., is a publicly supported, tax- exempt
nonprofit land trust incorporated under the laws of the State of Maryland, has a principal
office in the Commonwealth of Virginia located at 19 West Cork Street, Suite 201,
Winchester, Virginia 22601, whose primary purpose is to protect lands vital to the health,
beauty and enjoyment of the Potomac River and its tributaries and is authorized to accept,
hold and administer conservation easements in Virginia and is a tax exempt public
charitable organization under section 501(c)(3) of the Internal Revenue Code of 1986, as
amended ( "IRC" or the "Code "), qualified under section 170(h) of the Code to receive
qualified conservation contributions, and the Potomac Conservancy represents that it
meets the statutory requirements of Virginia Code § 10.1 -1009 for a holder of a perpetual
easement under the Virginia Conservation Easement Act and has had its principal office
in Virginia for more than five (5) years as required by Virginia Code § 10.1- 1010C; and
WHEREAS, Potomac Conservancy, Inc. is qualified to receive funds under the
Farm and Ranch Lands Protection Program, 16 U.S.C. §3838h(a)(A) and 38381, which is
administered by MRCS, an agency of the USDA (also generally referred to herein as the
"United States "), as part of the cost of acquiring this conservation easement, in
accordance with the Cooperative Agreement between the United States of America,
Commodity Credit Corporation and Potomac Conservancy, Agreement No(s). 77 -33A7-
07-3; and
WHEREAS, this Easement is granted "exclusively for conservation purposes" in
accordance with IRC §170(h)(1)(C) because it effects "the preservation of open space
(including farmland and forest land)" under IRC §170(h)(4)(A)(iii). Specifically the
preservation of open -space on the Property is pursuant to clearly delineated state and
local governmental conservation policies, provides for the scenic enjoyment of the
general public, and will yield a significant public benefit; and
Grantees initials 3 Cmntors initials
WHEREAS, this open -space easement in gross constitutes a restriction granted in
perpetuity on the use which may be made of the Property, and is in furtherance of and
pursuant to the clearly delineated governmental policies set forth below:
(i) Land conservation policies of the Commonwealth of Virginia as set forth in:
a. Section 1 of Article XI of the Constitution of Virginia, which
states that it is the Commonwealth's policy to protect its
atmosphere, lands and waters from pollution, impairment, or
destruction, for the benefit, enjoyment, and general welfare of the
people of the Commonwealth;
b. The Open -Space Land Act cited above;
c. Chapter 18, of Title 10.1, § §10.1 -1800 through 10.1 -1804 of the
Code of Virginia cited above;
d. The Virginia Land Conservation Incentives Act, in Chapter 3 of
Title 58.1, § §58.1 -510 through 58.1 -513 of the Code of Virginia,
which supplements exisfing land conservation programs to further
encourage the preservation and sustainability of the
Commonwealth's unique natural resources, wildlife habitats, open
spaces and forest resources;
e. The Virginia Conservation Easement Act cited above;
f Chapter 32, of Title 58.1, § §58.1 -3230 through 58.1 -3244 of the
Code of Virginia, which authorizes special use -value tax
assessments for real estate devoted to agricultural, forestal,
horticultural and open -space use;
(ii) Land use policies of the County of Frederick as delineated in its
comprehensive plan adopted in 2000 by the Frederick County Board of
Supervisors which states that its goals include preserving the economic vitality of
agricultural enterprises; and
WHEREAS, Frederick County has specifically recognized the importance of the
continued preservation of the Property as open space and agricultural land by providing
special assessment of the Property for real property tax purposes; and
WHEREAS, the 2002 Virginia Outdoors Plan, Chapter IVG page 211, recognizes
that Cedar Creek in its entirety qualifies for Virginia Scenic River designation; and
WHEREAS, the permanent protection of the Property will provide for the scenic
enjoyment of the general public by preserving agricultural, open space and scenic views
because the Property can be seen and viewed by the public from Cedar Creek Grade,
Fromans Road and Middle Road; and
Grantees initials 4 Grantors initials
WHEREAS, the Property possesses significant natural, water resources, scenic,
agricultural and open -space values, the preservation of which will yield a significant
public benefit; and
WHEREAS, the aforementioned values are hereinafter referred to as the
"Conservation Values," and are described more particularly in Exhibit B "Summary of
Conservation Values" and Exhibit C , `Baseline Documentation," and include but are not
limited to forest and fields, used primarily for agricultural purposes for the production of
food and fiber; and
WHEREAS, the Property consists primarily of productive agricultural land, and
contains 89.75 acres of open farmland, of which 62 acres, or 69% of the agricultural soils
have been classified as soils of state wide importance by the USDA, NRCS; and
WHEREAS, the appraised value of this conservation and open -space easement is
FIVE HUNDRED AND THIRTY EIGHT THOUSAND FIVE HUNDRED DOLLARS
($538,500); and
WHEREAS, the Farm and Ranch Lands Protection Program (16 U.S.C. §3838 h
and 3838 i) provides for the purchase of conservation easements to protect prime, unique,
and other productive soils from conversion to non - agricultural uses; and under the
authority of the Farm and Ranch Lands Protection Program, the USDA NRCS has
provided TWO HUNDRED AND SIXTY THOUSAND DOLLARS ($260,000) for the
acquisition of this Easement, entitling the United States to the rights identified herein;
and
WHEREAS, Grantee Frederick County and the Frederick County Conservation
Easement Authority has provided ONE HUNDRED AND THIRTY THOUSAND
DOLLARS ($130,000) under the Frederick County Purchase of Development Rights
Program to Grantors for the acquisition of this Conservation Easement;
WHEREAS, the amount paid by the United States and Frederick County Virginia
for this Easement represents less than its full fair market value and Grantor hereby makes
a bargain sale of this Easement to the extent of the cash consideration paid and a gift of
the balance of the value of the Easement in the amount of ONE HUNDRED AND
FORTY EIGHT THOUSAND FIVE HUNDRED DOLLARS ($148,500); and
WHEREAS, this Easement will yield significant public benefit to the citizens of
the Commonwealth as set forth in Section 1, below, and in Exhibit B , Summary of
Conservation Values; and
WHEREAS, Grantor and Grantees desire to protect in perpetuity the
Conservation Values of the Property as specified in Section I and Exhibit B, Summary of
Conservation Values, by restricting the use of the Property as set forth in Section B,
below; and
Grantees initials 5 Grantors initials
WHEREAS, Grantees have determined that the restrictions set forth in Section II
(the Restrictions) will preserve and protect in perpetuity the Conservation Values of the
Property, which values are reflected in Section I and Exhibit B ; and
WHEREAS, Grantees have determined that the Restrictions will limit use of the
Property to those uses consistent with, and not adversely affecting, the Conservation
Values of the Property and the governmental conservation policies furthered by the
Easement; and
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants herein, together with other good and valuable consideration in the
amount of THREE HUNDRED AND NINETY THOUSAND DOLLARS
($390,000), being TWO HUNDRED AND SIXTY THOUSAND DOLLARS
($260,000) from the USDA Farm and Ranch Lands Protection Program, ONE
HUNDRED AND THIRTY THOUSAND DOLLARS ($130,000) from Frederick
County's Purchase of Development Rights Program, the receipt and sufficiency of
which is hereby acknowledged, and a donation by Grantor of property interests
equal to an appraised value of ONE HUNDRED AND FORTY EIGHT
THOUSAND FIVE HUNDRED DOLLARS ($148,500), Grantor does hereby
give, grant and convey to Grantees a conservation and open -space easement in
gross (the "Easement ") over, and the right in perpetuity to restrict the use of, the
Property, which is described in Exhibit A , Legal Description, attached hereto and
made a part hereof, and consists of 89.75 acres, more or less, located in Back
Creek Magisterial District, Frederick County, Virginia, near Marlboro;
AND SUBJECT, HOWEVER, to the restriction that Local Grantees or their
successors and assigns may not transfer or convey the Conservation Easement
herein conveyed to Local Grantees without the prior written approval of the
United States and unless Local Grantees condition such transfer or conveyance on
the requirement that (1) all restrictions and conservation purposes set forth in the
conveyance accomplished by this deed are to be continued in perpetuity, and (2)
the transferee is an organization then qualifying as an eligible donee as defined by
Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and the
applicable Treasury Regulations promulgated thereunder.
The Property is shown as Tax Map No. 72 -A -12 among the land records of the
County of Frederick, Virginia. Even if the Property consists of more than one parcel for
real estate tax or any other purpose, it shall be considered one parcel for purposes of this
Easement, and the restrictions and covenants of this Easement shall apply to the Property
as a whole.
SECTION I - PURPOSE
Grantees initials 6 Grantors initials
The conservation purpose of this Easement is to preserve land for agricultural
soils, agricultural viability, and general productive capacity and to protect the
Conservation Values of the Property in perpetuity by imposing the restrictions on the use
of the Property set forth in Section B and providing for their enforcement in Section III.
No activity that will significantly impair the actual or potential use of the property for
agricultural production shall be permitted. Other purposes of this Easement me: to enable
the Property to remain in a natural, open -space condition by preserving and protecting in
perpetuity its agricultural values and open -space character; to protect the critical water
resources on the Property, including the undeveloped, natural riparian land; to protect
forest resources on the Property; to preserve and protect all of the natural, plant, wildlife,
scenic, agricultural, and water resources of the Property, more particularly described in
Exhibit B , "Conservation Values "; and to prevent any use or condition of the Property
that would significantly impair or interfere with its agricultural and scenic open -space
values, character, use or utility.
SECTION TI— RESTRICTIONS AND RESERVED RIGHTS
Restrictions are hereby imposed on the use of the Property pursuant to the public
purposes set forth above. The acts that Grantor covenants to do and not to do upon the
Property, and the restrictions that Grantees are hereby entitled to enforce, are and shall be
as follows:
1. DIVISION. Division of the Property is prohibited. The Property shall not be
sold or conveyed except as a whole.
Boundary line adjustments with adjoining parcels of land are permitted and shall
not be considered divisions of the Property, provided that Grantees are made party
to the deed creating the boundary line adjustment and the following condition is
met
The proposed boundary line adjustment shall have been reviewed and approved in
advance by, and in the sole discretion of the Board of Directors of Potomac
Conservancy, Frederick County Conservation Easement Authority, Frederick
County and the State Conservationist of the Virginia State Office of the Natural
Resources Conservation Service.
2. BUILDINGS AND STRUCTURES. No buildings or structures other than the
following are permitted on the Property:
(i) One (1) single family residential dwelling and associated accessory
structures, which does not exist as of the date of this Easement. Such single
family residential dwelling and associated accessory structures shall be wholly
contained within the designated Building Area, the location of which may be
designated by Grantor, subject to the following restrictions: (a) the Building Area
shall be no larger than two (2) acres in size; (b) said single family residential
Grantees initials 7 Grantors initials
structure shall not exceed 3,000 square feet of above - ground enclosed living area,
(c) structures within Building Area shall not harm the Conservation Values of the
Property; (d) structures within Building Area shall not be visible from Cedar
Creek Grade, unless specifically approved in writing by Local Grantees; (e) prior
to constructing or placing such single family residential dwelling and associated
accessory structures on the Property, Grantor shall submit in writing to Local
Grantees a request for designation of the Building Area that provides the specific
requested location, and shall obtain in writing Local Grantees' approval of such
Building Area. The decision to approve or deny Grantor's requested Building
Area location shall be in Local Grantees' sole discretion; and
(ii) Farm buildings or structures, except that a farm building or farm
structure exceeding 4,000 square feet in ground area may not be constructed or
placed on the Property unless prior written approval for the building or structure
is obtained from Local Grantees, which approval shall be limited to consideration
of the impact of the size, height and siting of the proposed structure on the
Conservation Values of the Property. For purposes of this subparagraph, a farm
building or structure shall mean a building or structure originally constructed and
used for the activities specified in Section II 4(i).
Grantor shall give Local Grantees thirty (30) days' written notice before
beginning construction or enlargement of any agricultural building or residential
dwelling on the Property.
Private roads and utilities to serve permitted buildings or structures on the
Property, and roads with permeable surfaces for other permitted uses on the
Property, such as fanning or forestry, may be constructed and maintained as long
as such construction is not inconsistent with the purposes of this Easement and is
done in such a manner as to minimize to the greatest extent possible the impact on
prime, unique and important soils. Existing utilities may be replaced or repaired at
their current locations or relocated, if such relocation is approved in writing by
Local Grantees. Other than roads and yard areas within the Building Areas and
graveled paths, no portion of the Property shall be paved or otherwise covered
with concrete, asphalt, or any other impervious surface material, unless approved
in writing by Local Grantees as being consistent with the conservation purposes
of this easement and such activity falls within the 1% impervious surface
requirement as articulated in Section 11 3.
Public and private utilities crossing the Property, whose construction and
maintenance Local Grantees determine will not impair the Property's
Conservation Values, may be constructed and maintained if Local Grantees
should give their prior written approval.
3. LIMIT ON COLLECTIVE FOOTPRINT. The collective footprint of all
buildings and structures on the Property, excluding roads, shall not exceed one
percent (1 %) of the total area of the Property. However, if Grantor can
demonstrate that an increase in the collective footprint would result in increased
Grantees initials 8 Grantors initials
protection of the Conservation Values protected herein, Local Grantees may
approve such increase. For the purpose of this paragraph the collective footprint
is the ground area measured in square feet of the structures set forth in subsections
(i) and (ii) of Section 11 2 above and all other impervious surfaces, excluding
roads. For the purpose of this paragraph "impervious surface" shall be defined as
any material which covers land and inhibits the percolation of water directly into
the soil, including, but not limited to, buildings, roofing, the area covered by
permanent or nonpermanent structures, macadam and pavement, concrete and
stone driveways and parking areas.
4. INDUSTRIAL OR COMMERCIAL ACTIVITIES. Industrial or commercial
activities other than the following are prohibited: (i) agriculture, livestock
production (animal husbandry), equine activities and forestry, and related small -
scale incidental commercial or industrial operations that Local Grantees approve
in writing as being consistent with the Conservation Values of this Easement; (ii)
processing and sale of products produced on the Property as long as no additional
buildings are required, except where such additional buildings are approved
pursuant to Section II 3 above; (iii) temporary or seasonal outdoor activities that
do not permanently alter the physical appearance of the Property and that do not
diminish the Conservation Values herein protected; and (iv) activities that can be
and in fact are conducted within permitted buildings without material alteration to
their external appearance. Temporary outdoor activities involving 100 or more
people shall not exceed seven (7) consecutive days in any 90 -day period without
prior written approval of Local Grantees. Notwithstanding any other provision of
this easement, and pursuant to Section 2031(c)(8)(B) of the Internal Revenue
Code, no commercial recreational use except for de minimis commercial
recreational uses shall be allowed on the Property. The use of the Property by the
general public supported by paid guides or outfitters, including for guided
horseback trail rides, shall be deemed de minimis for purposes of this Easement so
long as such use does not negatively affect the Conservation Values of the
Property.
5. MANAGEMENT OF FOREST. Best Management Practices, as defined by the
Virginia Department of Forestry, shall be used to control erosion and protect
water quality when any timber harvest or land clearing activity is undertaken. All
commercial timber harvest activities shall be conducted in accordance with a
Forest Management Plan prepared by a Virginia registered professional forester
and approved by Local Grantees that describes existing timber resources, supplies
an inventory of stands to be cut, and shows logging roads and landings. Such
Plan shall incorporate the following goals: (i) to support, maintain, and enhance
wildlife habitat; (ii) to promote the long -term sustainability of contiguous forest;
and (iii) to maintain and enhance riparian forest in order to protect water quality
and prevent water pollution. Any commercial timber harvest must be conducted
in accordance with a Forest Management Plan that has been updated within ten
(10) years prior to the harvest and a pre - harvest plan must be submitted by
Grantor to Local Grantees for Local Grantees' approval at least 60 days before a
Grantees initials 9 Grantors initials
contract for sale of commercial timber is executed. Minimal cutting of trees for
personal use of Grantor or to accommodate permitted structures described in
Section II, Paragraph 2 is permitted. Local Grantees shall be notified 30 days
prior to the clearing of over 10 acres of forestland for grassland, cropland, or in
association with the construction of permitted buildings.
Non - commercial de minimis barvest of trees for trail clearing, firewood or
Grantor's domestic use, trees that pose an imminent hazard to human health or
safety, or removal of invasive species shall not require a forest stewardship
management plan.
6. WATER RESOURCES & RIPARIAN BUFFER. The Property contains
significant water resources, including a natural spring/seep which flows to an
unnamed tributary of Cedar Creek. Said resources are more particularly identified
and described in Exhibit C . In order to protect and maintain the water resources
of this Property, Grantor agrees to the following:
i.) To protect water quality there shall be no plowing, cultivation or other
earth - disturbing activity within the Spring Conservation Area surrounding
the unnamed spring, more particularly described in Exhibit C , except as
may be necessary for (i) wetland restoration or erosion control pursuant to
a government permit, or (ii) fencing along or within the buffer area.
Within the Spring Conservation Area there shall be (a) no buildings or
other substantial structures constructed, (b) no storage of compost,
manure, fertilizers, chemicals, machinery or equipment, and (c) no
removal of trees except removal of invasive species or removal of dead,
diseased or dying trees or trees posing an imminent human health,
environmental, or safety hazard. Mowing within the Spring Conservation
Area is prohibited.
Should the unnamed spring/seep move or expand, the Spring
Conservation Area shall move in proportion to the movement or expansion
of the spring/seep. However, should the Riparian Buffer move into an area
that was previously outside of the Riparian Buffer and where structures
existed prior to the water body moving, such structures shall not be
considered a violation of this provision.
ii) There shall be no access by livestock to the unnamed natural spring/seep,
or to any other spring on the Property.
iii.) Any ponds constructed shall be for agricultural purposes only, shall not
exceed two acres in size, shall not require damming or substantial
disturbance of the natural spring/seep or other water resources, and shall
be located in areas so that disturbance to prime, unique, and important
soils is minimized.
GRADING, BLASTING, AND MINING. Grading, blasting or earth removal
shall not materially alter the topography of the Property except for (i) wetlands or
Grantees initials 10 Grantors initials
stream bank restoration pursuant to a government permit, (ii) erosion and
sediment control pursuant to a government- required erosion and sediment control
plan, or (iii) as required in the construction of permitted buildings, structures,
roads, and utilities. Best Management Practices, in accordance with the Virginia
Erosion and Sediment Control Law, shall be used to control erosion and protect
water quality in such construction. Grading, blasting or earth removal in excess
of one acre for the purposes set forth in subparagraphs (i) through (iii) of this
paragraph require 30 days' prior notice to Local Grantees. Generally accepted
agricultural activities shall not constitute a material alteration. Surface mining,
subsurface mining, dredging on or from the Property, or drilling for oil or gas on
the Property is prohibited.
8. ACCUMULATION OF TRASH. Accumulation or dumping of trash, refuse,
junk or toxic materials is not permitted on the Property. This restriction shall not
prevent generally accepted agricultural or wildlife management practices, such as
creation of brush piles, composting, or the storage of farm machinery, organic
matter, agricultural products or agricultural byproducts on the Property.
9. SIGNS. Display of billboards, signs, or other advertisements is not permitted on
or over the Property except to: (i) state the name and/or address of the owners of
the Property, (ii) advertise the sale or lease of the Property, (iii) advertise the sale
of goods or services produced incidentally to a permitted use of the Property, (iv)
provide notice necessary for the protection of the Property, (v) give directions to
visitors, or (vi) recognize historic status or participation in a conservation
program. Temporary political signs are allowed. No signs visible from outside
the Property shall exceed nine (9) square feet in size. All signs shall also comply
with all applicable laws and ordinances, to the extent that such laws and
ordinances may be more restrictive than the provisions of this paragraph.
10. CONSERVATION PLAN. As required by section 1238I of the Food Security
Act of 1985, as amended,
it Grantor, their heirs, successors, or assigns, shall conduct all agricultural
operations on the Property in a manner consistent with a conservation plan
(hereinafter referred to as the "Conservation Plan") prepared in consultation
with the NRCS of the USDA and approved by the Lord Fairfax Soil and
Water Conservation District. This Conservation Plan shall be developed
using the standards and specifications of the NRCS Field Office Technical
Guide and 7 CFR Part 12 that are in effect the day this Easement is signed.
However, Grantor may develop and implement the Conservation Plan with a
higher level of conservation if it is consistent with the NRCS Field Office
Technical Guide standards and specifications.
ii) NRCS shall have the right to enter upon the Property, with advance notice to
Grantor, in order to monitor compliance with the conservation plan.
iii) In the event of noncompliance with the Conservation Plan, NRCS shall
work with Grantor to explore methods of compliance and give Grantor a
reasonable amount of time, not to exceed twelve months, to take corrective
Grantees initials I I Grantors initials
action. If Grantor does not comply with the Conservation Plan, NRCS will
inform Local Grantees of Grantor's noncompliance. Local Grantees shall
take all reasonable steps (including efforts at securing voluntary compliance _
and, if necessary, appropriate legal action) to secure compliance with the
Conservation Plan following written notification from NRCS that (a) there
is a substantial, ongoing event or circumstance of non - compliance with the
Conservation Plan, (b) NRCS has worked with the Grantor to correct such
noncompliance, and (c) Grantor has exhausted its appeal rights under
applicable NRCS regulations.
iv) If the NRCS standards and specifications for highly erodible land are
revised after the date of this Grant based on an Act of Congress, NRCS will
work cooperatively with the Grantor to develop and implement a revised
Conservation Plan. The provisions of this section apply to the highly
erodible land conservation requirements of the Farmland Protection
Program and are not intended to affect any other natural resources
conservation requirements to which Grantor may be or become subject.
11. GENERAL INDEMNIFICATION. Grantor shall indemnify and hold harmless
Grantees and VDACS, their respective employees, agents, and assigns for any and
all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties,
suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf
of any person or governmental authority, and other liabilities (whether legal or
equitable in nature and including, without limitation, court costs, and reasonable
attorneys' fees and attorneys' fees on appeal) to which Grantees may be subject or
incur relating to the Property, which may arise from, but is not limited to,
Grantor's negligent acts or omissions or Grantor's breach of any representation,
warranty, covenant, agreements contained in this Deed, or violations of any
Federal, State, or local laws, including all Environmental Laws.
12. ENVIRONMENTAL WARRANTY. "Environmental Law" or "Environmental
Laws" means any and all Federal, state, local or municipal laws, rules, orders,
regulations, statutes, ordinances, codes, guidelines, policies or requirements of
any governmental authority regulating or imposing standards of liability or
standards of conduct (including common law) concerning air, water, solid waste,
hazardous materials, worker and community right -to -know, hazard
communication, noise, radioactive material, resource protection, subdivision,
inland wetlands and watercourses, health protection and similar environmental
health, safety, building and land use as may now or at any time hereafter be in
effect.
i) "Hazardous Materials" means any petroleum, petroleum products, fuel oil,
waste oils, explosives, reactive materials, ignitable materials, corrosive
materials, hazardous chemicals, hazardous wastes, hazardous substances,
extremely hazardous substances, toxic substances, toxic chemicals,
radioactive materials, infectious materials and any other element,
compound, mixture, solution or substance which may pose a present or
potential hazard to human health or the environment.
Grantees initials 12 Grantors initials
it) Grantor warrants that it is in compliance with, and shall remain in
compliance with, all applicable Environmental Laws. Grantor warrants that
there are no notices by any governmental authority of any violation or
alleged violation of, non - compliance or alleged non - compliance with or any
liability under any Environmental Law relating to the operations or
conditions of the Property.
iii) Grantor warrants that they have no actual knowledge of a release or
threatened release of any Hazardous Materials on, at, beneath or from the
Property. Moreover Grantor hereby promises to defend and indemnify the
Grantees, Commonwealth of Virginia and United States against all
litigation, claims, demands, penalties and damages, including reasonable
attorneys' fees, arising from or connected with the release or threatened
release of any Hazardous Materials on, at, beneath or from the Property, or
arising from or connected with a violation of any Environmental Laws by
Grantor or any other prior owner of the Property. Grantor's indemnification
obligation shall not be affected by any authorizations provided by Grantees
to Grantor with respect to the Property or any restoration activities carried
out by Grantees at the Property; provided, however, that Grantees shall be
responsible for any Hazardous Materials contributed after this date to the
Property by Grantees.
13. RESERVED RIGHTS. Except to the extent that prior written approval of
Grantees is required by any paragraph of this Article, all rights reserved by
Grantor or not prohibited by this Easement shall be exercised so as to prevent or
minimiz to the extent reasonable under the circumstances, damage to the
Conservation Values identified in Exhibit B including water quality and
resources, agricultural use, utility and viability, land/soil stability and
productivity, scenic, historic, and cultural values, and the natural topographic and
open -space character of the Property. If Grantor has any doubt with respect to
whether or not any particular use of the Property is prohibited by the terms of this
Easement, Grantor may submit a written request to Grantees for consideration and
approval of such use.
SECTION III — ENFORCEMENT
RIGHT OF INSPECTION. Representatives of Grantees may enter the Property
from time to time for purposes of inspection (including photographic
documentation of the condition of the Property) and enforcement of the terms of
this Easement after permission from or reasonable notice to Grantor or Grantor's
representative, provided, however, that in the event of an emergency, entrance
may be made to prevent, terminate or mitigate a potential violation of these
restrictions with notice to Grantor or Grantor's representative being given at the
earliest practicable time.
2. ENFORCEMENT. Grantees have the right to bring an action at law or in equity
to enforce the restrictions contained herein. This right specifically includes the
Grantees initials 13 Grantors initials
right to require restoration of the Property to a condition of compliance with the
terms of this Easement as existed on the date of the Easement, except to the extent
such condition thereafter changed in a manner consistent with the restrictions; to
recover any damages arising from non - compliance, and to enjoin non - compliance
by ex parte temporary or permanent injunction. If the court determines that
Grantor failed to comply with this Easement, Grantor shall reimburse Grantees for
any reasonable costs of enforcement, including costs of restoration, court costs
and attorney's fees, in addition to any other payments ordered by the court.
However, if Grantor ultimately prevails in a judicial enforcement proceeding,
each party shall bear its own costs. Grantees' delay shall not waive or forfeit its
right to take such action as may be necessary to insure compliance with this
Easement, and Grantor hereby waives any defenses of waiver, estoppel or Inches
with respect to any failure to act by Grantees. Notwithstanding any other
provision of this Easement, Grantor shall not be responsible or liable for any
damage or change to the condition of the Property caused by fire, flood, storm,
Act of God, governmental act or other cause outside of Grantor's control or any
prudent action taken by Grantor to avoid, abate, prevent or mitigate damage or
changes to the Property from such causes.
3. Third Party Beneficiary Rights of Enforcement. VDACS is a Third Party
Beneficiary of this Conservation Easement with rights of enforcement of all terms
herein. The authority of VDACS to enforce the provisions of this Conservation
Easement shall be independent of the rights of Grantees. In the event that
Grantees and VDACS do not agree as to whether Grantors are complying with the
terms of this Conservation Easement, then each of them may proceed with
enforcement actions without the consent of the others. However, as a practical
administrative matter and to prevent duplication of efforts, VDACS will attempt
to consult with Grantees prior to taking any such enforcement action. VDACS
right of enforcement is permanent and applies to all the terms of this Conservation
Easement.
4. RIGHTS OF THE UNITED STATES OF AMERICA. Under this Easement,
the same rights are granted to the United States that are granted to Local Grantees.
However, the Secretary of the United States Department of Agriculture (the
Secretary), on behalf of the United States, will only exercise these rights under the
following circumstances: In the event tbat Local Grantees fail to enforce any of
the terms of this Easement, as determined in the sole discretion of the Secretary,
the Secretary and his or her successors or assigns may exercise the United States'
rights to enforce the terms of this Easement through any and all authorities
available under Federal or State law. In the event that Local Grantees attempt to
terminate, transfer, or otherwise divest themselves of any right, title, or interest in
this Easement without the prior consent of the Secretary of the United States
Department of Agriculture, then, at the option of such Secretary, all right, title,
and interest of the Local Grantees in this Easement shall become vested solely in
the UNITED STATES OF AMERICA. In the event this easement becomes
vested in the UNITED STATES OF AMERICA in accordance with the terms of
this section, VDACS retains its rights pursuant to section 2.h of the IGA to bring —
Grantees initials 14 Grantors initials
action in a court of law for specific performance of the UNITED STATES OF
AMERICA's or its successors' and assigns' enforcement responsibility.
SECTION IV —EXHIBITS & DOCUMENTATION
1. Exhibit A : A Legal Description of the Property is attached hereto and made a part
hereof.
2. Exhibit B : A Summary of Conservation Values is attached hereto and made a
part hereof.
3. Exhibit C : A Summary of the Baseline Documentation is attached hereto and
made a part hereof. The documents contained within the full Baseline
Documentation shall be fully incorporated into this Conservation Easement as
though attached hereto and made a part hereof, and such documents shall be
archived at the Library of Virginia, located at 800 East Broad Street, Richmond,
Virginia 23219 -8000. The full Baseline Documentation shall also be kept on file
at the offices of Grantees.
Documentation retained in the office of Grantees includes, but is not limited to the
Baseline Documentation, summarized in Exhibit C and fully incorporated into this
Conservation Easement, which describes the condition and character of the Property at
the time of the Easement closing. The Baseline Documentation may be used to
determine compliance with and enforcement of the terms of this Easement; however, the
parties are not precluded from using other relevant evidence or information to assist in
that determination. Grantor has made available to Grantees, prior to closing this
Easement, documentation sufficient to establish the condition of the Property at the time
of the closing. The parties hereby acknowledge that the Baseline Documentation
contained in the files of Grantees is an accurate representation of the Property.
SECTION V — GENERAL PROVISIONS
1. DURATION. This Easement shall be perpetual. It is an easement in gross that
runs with the land as an incorporeal interest in the Property. The covenants,
terms, conditions and restrictions contained in this Easement are binding upon,
and inure to the benefit of, the parties hereto and their successors and assigns, and
shall continue as a servitude running in perpetuity with the Property. Grantor's
rights and obligations under this Easement terminate upon proper transfer of
Grantor's interest in the Property, except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
2. NO PUBLIC ACCESS. Although this Easement will benefit the public as
described above, nothing herein shall be construed to convey to the public a right
of access to, or use of the Property. Grantor retains the exclusive right to such
access and use, subject to the terms hereof.
Grantees initials is Grantors initials
3. TITLE. Grantor covenants and warrants that Grantor has good title to the
Property, that Grantor has all right and authority to grant and convey this _
Easement and that the Property is free and clear of all encumbrances (other than
utility and access easements) including, but not limited to, any mortgages not
subordinated to this Easement.
4. ACCEPTANCE. Acceptance of this conveyance by Local Grantees is authorized
by Virginia Code Section 10.1 -1801 and Section 10.1 -1010 and is evidenced by
the signature of Frederick County, by the County Administrator by authority
granted by the Board of Supervisors, by Frederick County Conservation Easement
Authority, by its Chairman and by the Potomac Conservancy, by the signature of
its President by authority granted by its Board of Directors.
5. INTERACTION WITH OTHER LAWS. This Easement does not permit any
use of the Property which is otherwise prohibited by federal, state, or local law or
regulation. Neither the Property, nor any portion of it, shall be included as part of
the gross area of other property not subject to this Easement for the purposes of
determining density, lot coverage or open -space requirements under otherwise
applicable laws, regulations or ordinances controlling land use and building
density. No development rights that have been encumbered or extinguished by
this Easement shall be transferred to any other property pursuant to a transferable
development rights scheme, cluster development arrangement or otherwise.
6. CONSTRUCTION. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to
effect the purposes of the Easement and the policy and purposes of Grantees. If
any provision of this Easement is found to be ambiguous, an interpretation
consistent with the purpose of this Easement that would render the provision valid
shall be favored over any interpretation that would render it invalid.
Notwithstanding the foregoing, lawful acts or uses not expressly prohibited by
this Easement are permitted on the Property. Grantor and Grantees intend that the
grant of this Easement qualify in part as a "qualified conservation contribution" as
that term is defined in Section 170(h)(1) of the Internal Revenue Code and
Treasury Regulations §1.170A -14, and the restrictions and other provisions of this
instrument shall be construed and applied in a manner that will not prevent this
Easement from being in part a qualified conservation contribution.
7. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS. This Easement
shall be referenced by deed book and page number, instrument number or other
appropriate reference in any deed or other instrument conveying any interest in
the Property.
8. NOTICE TO GRANTEES. Grantor agrees to notify Grantees and VDACS in
writing and served either personally or sent by registered or certified mail, term
receipt requested (i) before exercising any reserved right that Grantor believes
Grantees initials 16 Grantors initials
may have an adverse effect on the conservation or open -space values or interests
associated with the Property; and (ii) at or prior to closing on any inter vivos
transfer, other than a deed of trust or mortgage, of all or any part of the Property.
All notices required or permitted hereunder will he deemed to have been delivered
when posted with the United States Postal Service, Federal Express, United Parcel
Service, or sent by facsimile, telecopier or other such electronic device, with
proof of transmission, directed as follows:
If to Grantor:
Elizabeth Snapp
167 West Oaks Lane,
Winchester, VA 22602
R. Wayne Snapp, Trustee of the R. Roland Snapp Estate Trust
5522 Cedar Creek Grade
Winchester, VA 22602
If to Frederick County
Attention: County Administrator
Frederick County
107 North Kent Street
Winchester, VA 22601
If to Frederick County Conservation Easement Authority
Chairman, Frederick County Conservation Easement Authority
107 North Kent Street
Winchester, VA 22601
If to Potomac Conservancy:
Potomac Conservancy
19 West Cork Street, Suite 201
Winchester, Virginia 22601
Phone: 540-667-3606
Fax: 540- 667 -7748
If to NRCS:
Natural Resources Conservation Service
Attention: John A Bricker, State Conservationist
1606 Santa Rosa Road
Richmond, VA 23229
Phone: (804) 287 -1691
Grantees initials 17 Grantors initials
Fax: (804) 287 -1737
If to the Virginia Department of Agriculture and Consumer Services
Virginia Department of Consumer Services
Attention: Commissioner's Office
102 Governor Street
Richmond, VA 23219
Phone: 804 - 786 -3501
Fax: 804 - 371 -2945
9. TAX MATTERS. The parties hereto agree and understand that any value of this
Easement claimed for tax purposes as a charitable gift must be fully and
accurately substantiated by an appraisal from a qualified appraiser as defined in
IRS regulations (see Section 1.170A- 13(c)(5)), and that the appraisal is subject to
review and audit by all appropriate tax authorities. Grantees, VDACS, and/or
VDACS' legal counsel make no express or implied warranties that any tax
benefits will be available to Grantor from donation of any property interests as
part of this Easement, or that any such tax benefits might be transferable, or that
there will be any market for any tax benefits that might be transferable. By their
execution hereof, Grantees acknowledge and confirm receipt of the Easement and
further acknowledge that Frederick County, Frederick County Conservation
Easement Authority and the USDA, MRCS have provided to Grantor partial
payment of the value of this Easement in consideration of the grant of the
Easement.
10. MERGER. Grantor and Grantees agree that in the event that any Grantee
acquires a fee interest in the Property, this Easement shall not merge into the fee
interest, but shall survive the deed and continue to encumber the Property.
it. GRANTEES' PROPERTY RIGHT. Grantor agrees that the conveyance of the
perpetual conservation restrictions in this Easement gives rise to a property right,
immediately vested in Grantees, with a fair market value that is at least equal to
the proportionate value of the perpetual conservation restrictions at the time of the
conveyance bears to the value of the Property as a whole at that time. If the
Easement is involuntarily terminated, extinguished or condemned, in whole or in
part, or if any part of the Property is converted or diverted from its open space
use, Grantor (or their successor(s) or assignee(s)) shall reimburse Local Grantees
a sum of money equal to 52% of the total "Proportionate Value" of the fair market
value of the conservation and open space easement, and the United States of
America a sum of money equal to 48% of the total "Proportionate Value" of the
fair market value of the conservation and open -space easement. The fair market
value shall be determined at the time this Easement or part of this Easement is
terminated or extinguished. In addition, VDACS shall be entitled to a share of
those proceeds proportional to VDACS' contribution toward the total
reimbursable costs that the Local Grantees actually incur in the course of
purchasing this Easement.
Grantees initials 18 Grantors initials
The Proportionate Value, of FOURTY THREE percent (43 %), has been
determined by dividing the appraised value of this Conservation Easement FIVE
HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED DOLLARS ($
538,500) calculated as of the date hereof, by the unencumbered value of the
Property, ONE MILLION TWO HUNDRED FIFTY -SIX THOUSAND FIVE
HUNDRED DOLLARS ($1,256,500), calculated as of the date hereof.
The proportionate share of the Proportionate Value paid to Grantees shall be
allocated between them as follows: (a) FOURTEEN AND ONE HALF percent
(14.5 %) to the Potomac Conservancy; representing 50% of the gift by Grantor (b)
TWENTY THREE percent (23 %) Frederick County Conservation Easement
Authority; representing the amount it contributed to the purchase price of the
Easement (c) FORTY EIGHT percent (48 %) to the United States of America;
representing the amount it contributed to the purchase price of the Easement (d)
FOURTEEN AND ONE HALF percent (14.5 0 /.) to Frederick County;
representing the remaining 50% of the gift by Grantor. This Proportionate Value
is based on an appraisal completed on November 13,2008 by Wesley D. Woods,
GAA of Meyers & Wood Appraisal Group, Inc., Lynchburg, VA., an appraiser
licensed in the State of Virginia, which appraisal determined the purchase price
for this Easement. Any increase in value attributable to improvements made after
the date of the Easement shall accrue to the party who made the improvements.
Until such time as the Potomac Conservancy, the United States, Frederick County
or Frederick County Conservation Easement Authority receive their proportionate
share of the Proportionate Value from Grantor or Grantor's successor or assigns,
the Potomac Conservancy, the United States, Frederick County and Frederick
County Conservation Easement Authority shall have a lien against the Property
for the amount of the Proportionate Value due each of them. The Potomac
Conservancy shall use their allocation of the Proportionate Value in a manner
consistent with the conservation purposes of this Conservation Easement. If the
proceeds from termination or extinguishment are paid directly to one of the
parties directly, then the receiving party shall reimburse the other parties for the
amount of the Proportionate Value due to each.
12. EXTINGUISHMENT, CONVERSION, DIVERSION. Grantor and Grantees
intend that this Easement be perpetual and acknowledge that no part of the
Property may be converted or diverted from its open -space use except in
compliance with the provisions of Section 10.1 -1704 of the Open -Space Land Act
which does not permit extinguishment of open -space easements or loss of open
space. Nevertheless, should an attempt be made to extinguish this Easement, such
extinguishment can be made only by judicial proceedings and only if in
compliance with Section 10.1 -1704; and not until and unless the Commissioner of
VDACS or the Commissioner's designated agent (referred collectively hereinafter
as "the Grant Manager "), with the concurrence of the Grantees, certifies that such
extinguishment satisfies the requirements of the Open -Space Land Act. In any
sale or exchange of the Property subsequent to an extinguishment, Grantees shall
Grantees initials 19 Grantors initials
be entitled to a portion of the proceeds at least equal to the Proportionate Value of
this Easement computed as set forth in Section 11 above, but not to be less than
the proportion that the value of this Easement at the time of extinguishment bears
to the then value of the Property as a whole. Grantees shall use all their share of
the proceeds from the sale of the Property in a manner consistent with the
conservation purpose of this easement and the Open -Space Land Act.
13, AMENDMENT. Grantees and Grantor may amend this Easement to enhance the
Property's Conservation Values or add to the restricted property, provided that no
amendment shall affect this Easement's perpetual duration, reduce the Property's
Conservation Values, or (vi) affect the rights of VDACS pursuant to the IGA,
including, but not limited to, VDACS' rights pursuant to sections 2.e -h of the
IGA.. No amendment shall be effective unless approved in advance by the United
States and documented in a notarized writing signed by all parties hereto and
recorded among the land records of the County of Frederick, Virginia.
14. SUCCESSORS. The terms "Grantor" and "Grantees" wherever used herein, and
any pronouns used in place thereof, shall include, respectively, the above -named
Grantor and their personal representatives, heirs, successors, and assigns and the
above -named Grantees and their successors and assigns.
15. SEVERABILITY. If any provision of this Easement or its application to any
person or circumstance is determined by a court of competent jurisdiction to be
invalid, the remaining provisions of this Easement shall not be affected thereby.
16. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the
parties with respect to this Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the easement.
17. CONTROLLING LAW. The interpretation and performance of this Easement
shall be governed by the laws of the Commonwealth of Virginia.
18. RECORDING. This Easement shall be recorded in the land records in the
Circuit Court Clerk's Office of the County of Frederick, Virginia, and Grantees
may re- record it any time as may be required to preserve its rights under this
Easement.
19. RELATIONSHIP BETWEEN THE GRANTEES. The parties agree that
Potomac Conservancy shall have primary responsibility for granting approvals,
monitoring, and enforcing this Easement, but each Grantee shall have independent
authority to enforce this Easement in accordance with its terms. In the event that
Grantees do not agree as to whether Grantor is complying with the terms hereof,
each Grantee may proceed with enforcement actions without the consent of the
other Grantees. For any action where this Easement requires that Grantor obtain
approval from Grantees (including from Local Grantees), approval by the
Potomac Conservancy shall be deemed to represent approval from all Grantees
unless such approval expressly states otherwise or Frederick County, Frederick —
Grantees initials 20 Grantors initials
County Conservation Easement Authority or United States expressly denies
Grantor's request for approval within a reasonable time. Further, if the Potomac
Conservancy (a) ceases to exist or (b) attempts to terminate, transfer or otherwise
divest itself of any rights, title, or interests in this Easement without the prior
consent of Frederick County, Frederick County Conservation Easement Authority
and the United States then all right, title and interest of the Potomac Conservancy
in this Easement shall, in the first instance, vest in Frederick County and
Frederick County Conservation Easement Authority. Frederick County and
Frederick County Conservation Easement Authority shall notify the United States
if the Easement becomes vested in them. If the Easement is vested in the
Frederick County and Frederick County Conservation Easement Authority the
United States shall continue to hold all the rights, title and interest conveyed to it
under this Easement.
20. ASSIGNMENT BY GRANTEE. Grantee may not transfer or convey this
Easement unless Grantee conditions such transfer or conveyance on the
requirement that (i) all restrictions and conservation purposes set forth in this
Easement are to be continued in perpetuity and (ii) the transferee then qualifies as
an eligible donee as defined in Section 170(h)(3) of the IRC as amended and the
applicable Treasury Regulations.
21. TRANSFER OF THE EASEMENT. Subject to the United States' written
approval and contingent right identified in Section III Paragraph 3 above,
Grantees shall have the right to transfer this Easement to any public agency or
private nonprofit organization that, at the time of the transfer, is a "qualified
organization" under Section 170(h) of the Code, provided the transferee expressly
agrees to assume the responsibilities imposed on Grantees by this Easement. If
Grantees cease to exist or no longer qualify under Section 170(h) of the Code, and
the United States declines to exercise its contingent right identified in Section III
Paragraph 3, a court of competent jurisdiction shall transfer this Easement to
another qualified organization having similar purposes that agrees to assume the
responsibilities imposed by this Easement on Grantees herein.
WITNESS the following signatures and seals:
GRANTOR:
Elizabeth A. Snapp
COMMONWEALTH OF VIRGINIA
COUNTY OF , TO_WIT
Grantees initials 21 Grantors initials
I, a Notary Public for the Commonwealth aforesaid, hereby
certify that ELIZABETH A. SNAPP personally appeared before me this day and acknowledged
the foregoing instrument.
WITNESS my hand and official seal this day of 20
Notary
My commission expires:
GRANTOR:
Notary Public
R Wayne Snapp, Trustee of the R. Roland Snapp
Estate Trust
COMMONWEALTH OF VIRGINIA
COUNTY OF TO WIT
I, , a Notary Public for the Commonwealth aforesaid, hereby
certify that R. WAYNE SNAPP personally appeared before me this day and acknowledged the
foregoing instrument.
WITNESS my hand and official seal this day of 20
Notary Public
My commission expires: (SEAL)
GRANTEES:
COMMONWEALTH OF VIRGINIA
Accepted:
Potomac Conservancy, Inc., a Maryland nonprofit corporation
By:
Kelly Watkinson , Authorized Agent of Potomac
Conservancy
Grantees initials 22 Grantors initials
COUNTY OF TO WIT
1, a Notary Public for the Commonwealth aforesaid, hereby
certify that KELLY WATKINSON an authorized agent of the Potomac Conservancy, personally
appeared before me this day and acknowledged the foregoing instrument on behalf of the
Potomac Conservancy.
WITNESS my hand and official seal this day of , 20
Notary Public
My commission expires: (SEAL)
Accepted:
Frederick County Virginia
COMMONWEALTH OF VIRGINIA
COUNTY OF , TO WIT
1, , a Notary Public for the Commonwealth aforesaid, hereby
certify that as an Agent of Frederick County Virginia, personally
appeared before me this day and acknowledged the foregoing instrument on behalf of Frederick
County Virginia..
WITNESS my hand and official seal this day of , 20
Notary Public
My commission expires:
Accepted:
Frederick County Conservation Easement Authority
By:
COMMONWEALTH OF VIRGINIA
COUNTY OF TO WIT
Grantees initials 23 Grantors initials
L a Notary Public for the Commonwealth aforesaid, hereby
certify that , as Agent of the Frederick County Conservation
Easement Authority, personally appeared before me this day and acknowledged the foregoing
instrument on behalf of the Frederick County Conservation Easement Authority.
WITNESS my hand and official seal this day of 20
Notary Public
My commission expires : (SEAL)
Accepted:
Natural Resource Conservation Service
United States Department of Agriculture
By:
John A. Bricker, State Conservationist
COMMONWEALTH OF VIRGINIA
COUNTY OF TO
I, , a Notary Public for the Commonwealth aforesaid, hereby
certify that JOHN A. BRICKER, Virginia State Conservationist for the Natural Resources
Conservation Service, personally appeared before me this day and acknowledged the foregoing
instrument on behalf of the Natural Resources Conservation Service.
WITNESS my hand and official seal this _day of , 20.
Notary
My commission expires :
Grantees initials 24 Grantors initials
Exhibit A
Legal Description
Page 1 of 1
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situate near Marlboro in
Opequon Magisterial District, Frederick County, Virginia, on the west side of Cedar
Creek Grade and being more particularly described by metes and bounds on survey of
A.J. Tavenner, Surveyor, dated 6 of May, 1925, recorded in the Clerk's Office of the
Circuit Court of Frederick County, Virginia in Deed Book 153, Page 335.
LESS AND EXCEPTING THEREFROM that certain strip or parcel of land needed for
location and construction or other improvements of Route 623, conveyed to the
Commonwealth of Virginia by Deed dated July 17, 1969, recorded in the Clerk's Office
in Deed Book 356, Page 371.
The above described real estate is a portion of the real estate conveyed to R. Roland
Snapp and Elizabeth A. Snapp, husband and wife, by Deed of Gift from R. Roland Snapp
and Elizabeth A. Snapp, husband and wife, dated 2e day of February, 1995, which Deed
is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in
Deed Book 835, Page 1079. The said R. Roland Snapp died testate on the 23 of
February, 1995 and pursuant to the terms of his Last Will and Testament, duly probated
and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in
Will Book 107, Page 1345, his interest in the aforesaid real estate vested in R. Wayne
Snapp, Trustee, who qualified as Trustee on the 24' day of August, 1995.
EXISTING EASMENTS
1. Right of Way Easement granted to Potomac Edison Company by instrument dated
21' of March 2003, and recorded as instrument No. 030007971 in the Clerk's
Office of the Circuit Court of Frederick County, Virginia.
2. Right of Way Easement granted tone Potomac Edison Company by instrument
dated 19 of June, 1991, and recorded in Deed Book 770, Page 253 in the Clerk's
Office of the Circuit Court of Frederick County, Virginia.
3. Deed of Right of Way fifty -feet (50') in width as granted by instrument recorded
as Instrument No. 070013639 dated 27 of August, 2007 in the Clerk's Office of
the Circuit Court of Frederick County, Virginia.
Grantees initials 25 Grantors initials
Exhibit B
Sunanary of Conservation Values
Page 1 of 3
Description of Property and Natural Features
The Snapp Property contains approximately 89.75 acres and lies in the
Shenandoah Valley, in the southern portion of Frederick County, Virginia. The property
can be viewed from both county route 622 (Cedar Creek Grade) and county route 623
(Fromm's Road). The property consists of open and rolling pasture with small pockets
of trees dispersed throughout. The property contains one unnamed spring that flows into
Cedar Creek.
Approximately 70% of the soils on the Property have been characterized as
statewide important farming soils. These soils include Oaklet silt loam, Frankstown
channery silt loam, and Frederick - Poplimento soils. The Frankstown series consists of
deep and very deep, well drained soils formed in residual materials derived from siliceous
limestone and interbedded limy shale and siltstone on uplands. Permeability is moderate.
The Frederick and Poplimento soils are dominantly gently sloping and sloping. Both soils
have a surface texture of silt loam and are gravelly or rocky in some areas. The Oaklet
series consists of very deep, well drained, slowly permeable soils. They formed in
material weathered from limestone bedrock on gently undulating to steep upland slopes.
Depth to hard limestone bedrock is more than 5 feet.
The only structures contained on the property include agricultural fencing, and off
stream watering structures.
Water Resources:
The Property contains one spring that flows into Cedar Creek. Livestock has been
fenced out of the spring and the mature riparian habitat is found along the spring outflow
to Cedar Creek.
Conservation Purposes Test
Scenic Enjoyment and Public Benefit
This Property provides for open space and the scenic enjoyment of the general
public and will yield a significant public benefit as defined in Treasury Regulation
Section 1.170A- 14(d). The Property can be seen and viewed by the public from county
route 622, Cedar Creek Grade, which runs along the property and from county route 623,
Fromm's Road.
Pursuant to Government Policies
Protection of this property is consistent with government conservation policies in
the following manner: —
Grantees initials 26 Grantors initials
Exhibit B
Summary of Conservation Values
Page 2 of 3
1) Section 1 of Article XI of the Constitution of Virginia, which states that it is the
Commonwealth's policy to protect its atmosphere, lands and waters from
pollution, impairment, or destruction, for the benefit, enjoyment, and general
welfare of the people of the Commonwealth.
2) Chapter 461 of the Acts of 1966, codified in Chapter 17, Title 10.1, § §10.1 -1700
through 10.1 -1705 of the Code of Virginia, as amended (the Open -Space Land
Act), which declares that the preservation of open space land serves a public
purpose by curbing urban sprawl, preventing the spread of urban blight and
deterioration and encouraging more economic and desirable urban development,
helping provide or preserve necessary park, recreational, historic and scenic areas,
and conserving land and other natural resources, and authorizes the acquisition of
interests in real property, including easements in gross, as a means of preserving
open -space land.
3) The Virginia Land Conservation Incentives Act, Chapter 3 of Title 58.1, § §58.1-
510 through 58.1 -513 of the Code of Virginia, which supplements existing land
conservation programs to further encourage the preservation and sustainability of
the Commonwealth's unique natural resources, wildlife habitats, open spaces and
forest resources.
4) Chapter 32, of Title 58. 1, § §58.1 -3230 through 58.1 -3244 of the Code of Virginia,
which authorizes special use -value tax assessments for real estate devoted to
agricultural, forestal, horticultural and open -space use; and Frederick County has
specifically recognized the importance of the continued preservation of the
Property as open space and agricultural land by providing special assessment of
the Property for real property tax purposes.
5) The preservation of this property is consistent with the Frederick County
Comprehensive Plan (adopted 2000) which states that its goals include,
maintaining agriculture as a significant portion of the County's economy,
protection of the natural environment from damage due to development activity,
and to protect the rural environment.
6) Protection of this Property significantly contributes to the preservation of the rural
character of the region. At the time of this easement, the Potomac Conservancy
along with other local land conservation organizations, hold conservation
easements on over 5,469 acres of farm and forestland in Frederick County,
Virginia.
7) The purpose of the Farm and Ranch Lands Protection Program, 16 U.S.C. 3838h
and 38381 is to protect historical resources on farmland and/or prime, unique, and
important topsoil from conversion to non - agricultural use. Protection of this
Property is consistent with that goal because soils on the Property have been
classified as "prime" and "unique" famfland of statewide and local importance by
the Natural Resources Conservation Service, an agency of the United States
Department of Agriculture.
Grantees initials 27 Grantors initials
Exhibit B
Summary of Conservation Values
Page 3 of 3
8) Protection of this Property is consistent with the Frederick County Purchase of
Development Rights Program, which was adopted by the Frederick County Board
of Supervisors, on the 24 of August 2005. The Frederick County Conservation
Easement Authority, which was created on 24` day of August, 2005, has
identified this Conservation Property as worthy of protection for conservation
purpose. The landowner has submitted the required application, and the Frederick
County Conservation Easement Authority has found that the Conservation
Property satisfies all of its requirements and has provided funding to purchase this
Conservation Easement.
Grantees initials 28 Grantors initials
Exhibit C
Summary of Baseline Documentation
Page 1 of 1
A Baseline Documentation Report is kept on file at the office of the Grantees and
is fully incorporated into this Conservation Easement as though attached hereto and made
a part thereof, including: Conservation Property summary, easement summary,
description of scenic and natural features, description of existing structures, description
of the surrounding community, USGS map, copy of Conservation Easement, property
survey, map of the building zone, aerial photograph of Conservation Property, map of
surrounding protected land, soils map and descriptions, viewshed map, title certificate,
map showing location of where photos were taken, photo documentation showing the
condition of the Conservation Property at the time the easement is donated, and the
resolution by the Board of Potomac Conservancy, Frederick County Conservation
Easement Authority and Frederick County, Virginia to accept this Conservation
Easement.
Grantees initials 29 Grantors initials
COUNTY of FREDERICK
MEMORANDUM
of Planning and Development
540/665 -5651
FAX: 540/665 -6395
TO: Frederick County Board of Supervisors
John R. Riley, Jr., County Administrator ,y
FROM: Eric R. Lawrence, AICP, Planning Director T
RE: Request for Scheduling a Work Session - Comprehensive Policy Plan
Amendment Reviews
DATE: June 18, 2009
Staff requests the scheduling of a joint work session with the Board of Supervisors and the
Planning Commission (PC) to review this year's applications for Comprehensive Policy Plan
Amendments (CPPA). -
June 1, 2009 was the deadline for CPPA submissions. Three CPPA applications were received.
Similar to last year's program, the Comprehensive Plans and Programs Committee (CPPC) will
be reviewing the applications in advance of the Board work session. The CPPC will review the
CPPA applications at their meeting on June 22, 2009 and will be forwarding a recommendation
on each to the Board and PC for consideration at the joint work session. Following the work
session, the Board will determine which, if any, of the requests warrant additional consideration
for ultimate inclusion in the County's Comprehensive Policy Plan.
Staff would also use the Work Session to discuss a number of Small Areas Land Use Studies and
Ordinance amendments that have been through various phases of discussion with the CPPC,
DRRC and the Planning Commission.
Staff would suggest the following dates for this lunch work session:
Monday, July 27, 2009 Monday, August 3, 2009 Monday, August 10, 2009
Tuesday, July 28, 2009 Tuesday, August 4, 2009 Tuesday, August 11, 2009
Wednesday, July 29, 2009 Thursday, August 6, 2009 Thursday, August 13, 2009
Thursday, July 30, 2009
Please let staff know which date would best work with your schedule. Thank you.
ERL/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
Y Department of Planning and Development
MEMORANDUM pme
�'"� 540 / pme 51
FAX: 540 /665 -6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner. 64
Subject: Board of Supervisors Discussion — Outdoor Lighting
Date: June 17, 2009
Outdoor lighting in Frederick County is currently regulated under the nuisance element of the
ordinance. The Nuisance element (§165-35) states that `outdoor lighting shall be arranged to deflect
glare away from adjoining properties and public streets. Sources of lighting on a lot shall be hooded
or controlled to prevent glare beyond the lot line ". Over the past few years, staff has encountered
multiple new developments consisting of office buildings, shopping centers and industrial sites that
have had excessive lighting and have thus resulted in complaints about the lighting sources, levels
and height of the fixtures. Staff has been successful in working with property owners to shield or
replace fixtures that have created issues, but this obviously occurs after the property owner bas
installed the lighting.
These standards are intended to address lighting at the beginning of the process, during the site
planning and design process, prior to fixture installation. Once implemented, these standards should
avoid lighting complaints and the resulting additional expense for the property owner to replace
previously installed fixtures. The draft standards include elements that will apply to all outdoor
lighting as well as portions that apply to nonresidential uses (commercial/industrial, etc.), as well as
multifamily uses and residential parking lots. New definitions that correspond to the lighting
standards are included as well. It should be noted that these proposed standards will not require sites
to install lighting and does not require minimum lighting standards which is typically regulated by
the private sector. These proposed standards will place thresholds on the maximum amount of
lighting permitted on a site, regulate the type of fixtures permitted and the maximum mounting
height of fixtures.
The Planning Commission discussed the revised ordinance at their meeting on May 20, 2009. The
Planning Commission was satisfied with this ordinance and forwarded a favorable recommendation
to the Board of Supervisors. The Board of Supervisors discussed this revised ordinance at their May
27, 2009 meeting. Concerns were expressed over lighting in the rural areas were expressed as well
as spotlighting, minimum lighting levels and recreational lighting. The draft standards have been
revised to address the concerns expressed during the discussion as follows:
• Lighfine in the Rural Areas/Residential Security Lighting —This type of lighting has been
included in Section G — Lighting Exemptions. The proposed exemption will apply to
lighting located on properties developed with residential uses or agricultural uses, including
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Page 2
Frederick County Board of Supervisors
Re: Outdoor Lighting Discussion
June 17, 2009
but not limited to residential security lighting controlled and activated by motion sensors or
timing devices. This exemption would apply to pole and building mounted lighting fixtures.
• Directional Fixtures - Directional fixtures (spotlights, strobe lights, high intensity beams)
has been clarified to state that they are not permitted for advertisement purposes and that
when permitted the fixtures shall be installed or aimed so that they do not shine onto adjacent
properties, road right -of -ways, or skyward.
• General Outdoor Lighting — Section B.5 has been revised to state that the light source for
building mounted or wall pack lighting fixtures cannot be visible from adjacent properties or
road right -of -ways. Building mounted lighting remains at 25'; IESNA recommends that this
type of lighting be placed at that height or lower.
• Outdoor Lighting Standards for No=siden Uses - Section D.1 revised changes "other
areas" to `loading areas ".
• Recreational Facilities - A new section that addresses lighting Standards for Recreational
Facilities in all Zoning Districts has been included.
• Exemntions - Section G. 1 was revised to include private right -of -ways
• Conditional Use Permits —A conditional use permit approved for a nonresidential use would
have to conform to sections B and D for building and parking lot lighting.
Background
The Development Review and Regulations Committee (DRRC) first considered this item at their
June 2008 meeting. At the June meeting, the Commission had a few comments regarding the text
and wanted to discuss the proposed amendment at the next meeting. After this meeting, the
proposed ordinance was revised to address DRRC concerns as well as comments provided by the
County Attorney. The DRRC discussed the proposed ordinance again at their August 28, 2008
meeting. The Planning Commission discussed this item on October 15, 2008 and was supportive of
the amendment. The Board of Supervisors then discussed this item at their meeting on October 22,
2008. The Board expressed concerns over lighting sources and the basis for proposed lighting levels,
issues regarding canopy lighting as well as concerns over whether the Sheriff's Department was
comfortable with this ordinance. Ultimately, the Board of Supervisors requested that the draft
ordinance be sent back to the Planning Commission for further discussion.
Since the Board of Supervisors discussion, there have been some changes to the proposed standards.
The ordinance was revised to be in conformance with the standards outlined by the Illuminating
Engineering Society of North America (IESNA), as recommended by a lighting engineer. The
IESNA is the recognized authority on outdoor lighting. Primarily, this change resulted in the
reduction of the high security lighting maximum levels from 30 to 20 foot - candles. It should be
noted that the remaining lighting levels in the draft ordinance were consistent with the IESNA
standards. The canopy lighting portion was revised to require that light sources be completely
shielded from public rights -of -way or adjacent properties as requested by a Board of Supervisors
comment. This ordinance has also been reviewed by a Crime Prevention Through Environmeal
Design ( CPTED) Planner from Henrico County. CPTED deals with aspects of crime preventi nt ons
such as adequate nighttime lighting. This ordinance was also provided to the Airport Authority who
agreed that lighting such as strobes, searchlights and lasers should be prohibited. With this proposed
Page 3
Frederick County Board of Supervisors
Re: Outdoor Lighting Discussion
June 17. 2009
ordinance, it should be noted that enforcement will be handled by the Planning Department.
Attachment and Direction
The attached documents show the proposed outdoor lighting ordinance as well as proposed
definitions that correspond to the ordinance. This item is presented for discussion. Staff is seeking
comments and direction from the Board of Supervisors on this Zoning Ordinance text amendment;
attached is a resolution directing the item to public hearing should the Board deem it appropriate.
Attachment: 1. Proposed Ordinance and Definitions -revisions since the May 27 th Board of
Supervisors discussion are shown in underlined bold red italics.
2. Resolution.
CEP/bad
Draft - Outdoor Lighting Stand - June 2009
Outdoor Lighting Standards.
The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts
of glare, light trespass and overlighting; promote safety and security; and encourage energy
conservation.
A. Application and General Provisions.
1. Except as provided in F of this Section, these standards shall apply to the installation of
new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a
fixture shall mean a change of fixture type or change to the mounting height or location
of the fixture. Routine lighting fixture maintenance, such as changing lamps or light
bulbs, ballast, starter, photo control, housing, lenses and other similar components,
shall not constitute replacement and shall be permitted provided such changes do not
result in a higher foot- candle output.
B. General Outdoor Lighting Standards.
1. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained
to shield adjacent properties and to not produce glare onto adjacent properties or
roadways. Parking lot fixtures and light fixtures on buildings shall be full cut -off fixtures.
Within residential developments the Zoning Administrator may approve alternate
parking lot fixtures so long as the intent of the ordinance is met.
2. Flashing, revolving, or intermittent exterior lighting visible from any property line or
street shall be prohibited. Directional fixtures for advertisement Purposes such as but
not limited to h igh intensity beams, lasers or strobe lights shall be prohibited. When
permitted directional fixtures shall be installed or aimed so that they do not shine
onto adjacent prooerties road tkht -of ways or skyward
3. Light fixtures, including mounting base, shall not be more than twenty-five (25) feet in
height above finished grade unless the Zoning Administrator determines that an
increase in height, not to exceed ten (30) additional feet, would reduce the total
number of light fixtures for the site and still meet the intent of the Ordinance. On land
in the M3 (Light Industrial), M2 (Industrial General) and EM (Extractive Manufacturing)
Zoning Districts that is contained within an approved master development plan, the
Zoning Administrator may allow light fixtures to exceed 35 feet in height if additional
security is required, provided that the site is not adjacent to property used for
residential or agricultural uses. In no case shall light fixtures in the M3, M2 and EM
Districts exceed 45 feet in height.
1
Draft - outdoor Lighting Standards - June 2009
4. Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall
be placed within landscaped islands or in the perimeter green space of the site.
5. Building mounted or wall pack lighting fixtures shall not be mounted more than twenty -
five (25) feet above the finished grade of the building. These fixtures shall be shielded
(full - cutoff) so that the light source is not visible from adjacent 9 Pertjes or road right-
of-ways. Non -cutoff wall pack lighting fixtures shall not be permitted.
6. All lighting shall be oriented not to direct glare or excessive illumination onto streets in a
manner that may distract or interfere with the vision of drivers on such streets.
7. Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole,
pedestal or platform, spotlighting or floodlighting used for architectural or landscape
purposes, shall consist of full cut -off or directionally shielded lighting fixtures that are
aimed and controlled so that the directed light shall be substantially confined to the
object intended to be illuminated. Directional control shields shall be used where
necessary to limit stray light.
C. Photometric Plan Requirements
1. A Photometric Lighting Plan shall be submitted and approved in conjunction with any site
plan required by Article XIX or Subdivision Design Plan as required by Chapter 144 of the
Frederick County Code. Photometric plan submitted with site plans shall be current (less
than 30 days old) and must be certified by the National Council on Qualifications for the
Lighting Professions (NCQLP), or a Virginia licensed professional engineer, architect,
landscape architect or land surveyor.
2. All such required plans shall include the following:
a) Plans indicating the location on the premises of all lighting fixtures, both proposed
and already existing on the site, including a schematic layout of proposed outdoor
lighting fixture locations that demonstrate adequate intensities and uniformity, and
the light coverage resulting from the proposed lighting layout.
b) Description of all lighting fixtures, both proposed and existing, which shall include
but are not limited to catalog cuts and illustrations by manufacturers that describe
the equipment, including, lamp types, wattage and initial lumen outputs, glare
control devices, lamps, proposed placement of all fixtures, including engineering
detail of fixtures, manufacturer, model and installation of same.
c) Photometric data, such as that furnished by manufacturers, or similar showing the
angle cut -off light emissions and glare - control devices.
Draft - Outdoor Lighting Standards - June 2009
d) Mounting height of all fixtures.
D. Outdoor Lighting Standards for Nonresidential Uses.
The average maintained lighting levels for nonresidential uses shall not exceed the following
standards, unless a lower limit is set forth in this subsection:
a) Five (5) foot - candles for parking lots and /coding areas
b) Ten (10) foot - candles along fronts of buildings and along main drive aisles.
c) Twenty (20) foot- candles for high security areas, such as, but not limited to teller
machines (ATM's), motor vehicle display areas and vehicle fuel station canopies, but
not including parking lots.
2. Light fixtures under fuel station canopies or any other canopy shall consist of full cut -off
lighting fixtures where the light source is either completely flush or recessed within the
underside of the canopy. The portions of the canopy not included in the sign area shall not
be illuminated. All canopy lighting shall be recessed sufficiently so as to ensure that no light
source is visible from or causes glare on public rights -of -way or adjacent property.
3. Lighting levels shall not exceed 0.2 foot - candles at any common property line with property
zoned, used as or planned for residential or agricultural uses. In addition all light poles shall
be equipped with supplemental opaque shielding on the residential property side of the
lighting fixture to reduce glare caused by direct light source exposure.
4. Lighting levels shall not exceed 5.0 foot - candles at any common property line with property
zoned or used for commercial or industrial uses.
S. Lighting levels shall not exceed 5.0 foot- candles at any edge of a property line adjacent to a
street or road right -of -way.
E. Outdoor Lighting Standards for Multifamily Uses and Residential Parking Lots.
1. The average maintained lighting levels for multifamily developments shall not exceed 0.5
foot - candles at property line boundaries, except as follows:
a) 0.2 foot - candles at any property line boundary with property zoned, used, or planned for
residential or agricultural purposes, and
b) Five (5) foot - candles at any edge of a property line adjacent to a street or road right -of-
way.
Draft - Outdoor Lighting Standards - June 2009
2. The average maintained lighting levels at buildings, parking lots, and other areas besides at
property line boundaries set forth in paragraph 1 of this subsection shall not exceed ten (10)
foot - candles.
Light Standards for Recreational Facilities in all Zo nina Districts.
1 Lighted rec reational facilities shall conform to the requireme set forth in the most
current editio of the Illumingtina Engineerrna S ociety of Nort America (IESNAI R P-0
Recommended Practice for Sports and Recreational Area Liahtmo and the IESNA U ha t(na
Handbook Agp ropnate lighting criteria shall be selected based o the Class of Plav of the
facilh. • and participants as defined by the IESN
Z No outdoor rec reational facility, public or private shall b illuminated after 11100 a.m•
except to conclude a specific activity, which is in progress under such illumination Prior to
11 P.M.
3 Lighting fixtures shall be installed to meet the criteria of a cutoff fixture and shall include
internal and /or external alare control louvers.
4 Initial liahtina levels shall not exceed the target levels specified by the IESNA by more than
30% to account for light loss factors such as lamp lumen depreciation and lummaire dirt
depreciation.
S. All light fix tures /light poles shall be set back a minimum of one f oot for every foot in
heiaht from any residential property line or road riaht -of -way.
G. Exemptions from Lighting Ordinance.
The following lighting is exempt from the provisions of this section:
1. Lighting fixtures and standards required by the Federal Communications Commission,
Federal Aviation Administration, Federal and State Occupational Safety and Health
Administrations, or other federal or state agencies, to include street lights within a public or
rip vote right -of -way.
2. outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia
Department of Transportation or other emergency response agencies to perform
emergency or construction repair work, or to perform nighttime road construction on major
thoroughfares.
3. Lighting loc ated on properties developed with residential uses (unl regulated by Section
El or agricultural uses including but not limited to residential security lighting controlled
and activated by motion sensors or timing devices.
4. Lighting for holiday decorative purposes located on property used for residential purposes.
5. Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary.
Draft - Outdoor Lighting Standards - June 2009
ARTICLE XXII Definitions
§165 -156. Definitions and word usage. [Amended 11 -13 -1991]
Foot- Candle — A measure of light falling on a surface. One (1) foot - candle is equal to the amount of light
generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Foot -
candle measurements shall be made with a photometric light meter with a specified horizontal
orientation.
Foot - Candle /Average Maintained) — The average of a number of points of foot - candle calculations or
foot - candle readings in a given area which have been adjusted to account for maintenance which
includes luminaire dirt depreciation and lamp lumen depreciation.
Glare -The sensation produced by a bright source within the visual field that is sufficiently brighter than
the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance
and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the
source, and on the brightness level to which the eyes are adapted.
Lighting Fixture —A complete lighting unit consisting of the lamp, lens, optical reflector, housing and an
electrical components necessary for ignition and control of the lamp, which may include a ballast,
starter and /or photo control.
Lighting Fixture Directionally Shielded — A lighting fixture which emits a light distribution where some
light is emitted at or above a horizontal plan located at the bottom of a fixture. Such fixtures may
contain visors, louvers, or other types of shields or lenses which are designed to direct light onto a target
area and to minimize stray light.
Lighting fixture full cut -off - A lighting fixture from which zero (0) percent of its light output is emitted
at or above ninety (90) degrees from horizontal (a horizontal plane drawn through the bottom of the
light fixture) and no more than ten (10) percent above eighty (80) degrees from the horizontal.
Licht fixture recessed canopy — An outdoor lighting fixture recessed into a canopy ceiling so that the
light source is either completely flush or recessed within the underside of the canopy.
Light Trespass — Unwanted light going beyond the property line and spilling over onto the adjacent or
neighboring property. It can also represent the direct light (glare) that reduces a person's vision or
ability to see.
Maintained Lighting Level —A level of illumination which results when the initial output of the lamp is
reduced by certain light loss factors. Such light loss factors typically include lamp depreciation and dirt
accumulation on lenses and other light fixtures components. For the purpose of this Chapter, the
maintained lighting level shall represent an average foot - candle level measured over a specified area.
Action:
BOARD OF SUPERVISORS: June 24, 2009 APPROVED DENIED
Chapter 165, Zoning, Article IV, Supplementary Use Regulations and
Article XXII, Definitions and word usage
Proposed Outdoor Lighting Ordinance and Corresponding Definitions
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, and
Article XXII, Definitions, pertaining to proposed outdoor lighting standards and
corresponding definitions.
WHEREAS, The Development Review and Regulations Committee (DRRC)
recommended approval of this amendment on August 28, 2008 and May 20, 2009; and
WHEREAS, the Planning Commission discussed the draft ordinance on October 15,
2008; and recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission bold a public bearing regarding amendments to Chapter
165, Zoning, Article IV, Supplementary Use Regulations, and Article XXII, Definitions,
pertaining to proposed outdoor lighting standards and corresponding definitions.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall bold a public hearing
to consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use
Regulations, and Article NMI, Definitions, pertaining to proposed outdoor lighting
standards and corresponding definitions.
Passed this 24th day of June, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove Bill M. Ewing
Gene E. Fisher Charles S. DeHaven, Jr.
Philip A. Lemieux
A COPY ATTEST
John R Riley, Jr.
Frederick County Administrator
q� COUNTY of FREDERICK
w
C Department of Planning and Development
MEMORANDUM 5401665 -5651
FAX: 540/665 -6395
To: Frederick County Board of Supervisors
From Candice E. Perkins, AICP, Senior Planner
Subject: Discussion — landscaping Requirements in the RA District
Date: June 18, 2009
Staff has been directed to prepare a Zoning Ordinance amendment to remove the landscaping
requirements contained in § 165 -36 as it pertains to the RA (Rural Areas) District. Currently this
section of the Zoning Ordinance states that residential developments which require a preliminary
sketch plan most provide one of three types of landscaping (street trees, ornamental, or tree
preservation). If the street tree option is chosen, street trees most be provided for every 40 feet
of road frontage; if the ornamental option is chosen, ten ornamental trees most be provided per
lot; and the tree preservation option would require the rural subdivisions to create permanent
open space to protect the trees.
Staff has prepared a revision to §165 -36 to remove the landscaping requirement from the RA
(Rural Areas) District. The item was presented to the Development Review and Regulations
Committee (DRRC) at their meeting on May 28, 2009. The DRRC was presented with an option
to reduce the street tree requirement in the RA District, but the Committee preferred to see the
requirements eliminated. The DRRC endorsed the removal of the requirement and
recommended it be sent to the Planning Commission for discussion. The Planning Commission
discussed this proposed amendment at their meeting on June 17, 2009. The Planning
Commission agreed with the proposed amendment and recommended that the changes be
forwarded to the Board of Supervisors for discussion.
The attached document shows the existing Ordinance with proposed deletions shown in
blackline. This item is presented for discussion. Staff is seeking comments and direction from
the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution
directing the item to public hearing should the Board deem it appropriate.
Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are
shown with a strikethrough.
2. Resolution
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
ATTACEMENTI
§165-36. Landscaping requirements. [Amended 423 -20031
The requirements of this section am intended to enbance the appearance, environment and
general welfare of the citizens of Frederick County by providing minimum landscaping
standards and encouraging tree preservation for residential developments.
A. Residential developments. Residential developments which require a master
development plan, subdivision design plan, or site plan
plaF shall provide at least one of the three types of landscaping identified below.
(1) Street tree landscaping. Street tree landscaping shall require one street tree for every
40 feet of street frontage in a residential development, with the exception of a
frontage on roads which require a road efficiency buffer. Street trees shall be planted
no more than 20 feet from rights -of -way. Planting street trees on the property lines of
building lots should be avoided. Two or more street trees shall be planted on each
building lot. The Zoning Administrator may allow fewer than two street trees for an
individual building lot if topographical features, utilities, easements or the width of
the lot makes it impractical to do so. All street trees shall comply with the
requirements of § 165 -36B, with the exception that street trees must be at least two -
and- one -half -inch caliper at the time of planting.
(2) Ornamental landscaping.
(a) ornamental landscaping shall be provided for residential developments
based on the following index and matrix:
Required Landscaping Per Dwelling Unit
Lot Type Ornamental Shrubs Omamental Trees
Index of lot Types
Lot Type
A
Description
Major ..er -Re 4 S4di�t siem Let
B
Rural Freqe�atiey &A� Let
A C
Single -Family Detached Rural Traditional
B D
Single -Family Detached Traditional
C B
Single -Family Detached Urban
D F
Single -Family Detached Cluster
E C
Single- Family Detached Zero Lot Line
F-H
Single - Family Small Lot
G-1
Duplex
Iii
Multiplex
I I4
Atrium House
Jb
Weak -Link Townhouse
%M
Townhouse
L N
Garden Apartment
Required Landscaping Per Dwelling Unit
Lot Type Ornamental Shrubs Omamental Trees
ATTACHMENT 1
A S
None
10 per 1 unit
g g
10 per 1 unit
5 per 1 unit
C E
10 per I unit
5 per 1 unit
D E
10 per 1 unit
5 per 1 unit
g 0
10 per 1 unit
5 per I unit
F-14
15 per I unit
5 per 1 unit
G4
15 per 1 unit*
5 per 1 unit*
H3
3 per 3 units*
1 per 3 units*
I E
3 per 4 units*
1 per 4 units*
J L
6 per 5 units*
2 per 5 units*
%h¢
6 per 5 units*
2 per 5 units*
L N
3 per 2 units*
1 per 2 units*
Note:
*Required ornamental trees and shrubs
are in addition to all trees
and shrubs
elsewhere required in the Zoning Ordinance.
(b) Ornamental trees and shrubs shall comply with the requirements of § 165 -
36B. The Zoning Administrator may allow some of the required
ornamental trees and ornamental shrubs to be planted in areas of common
open space so long as the intent of the section is met.
(3) Tree preservation landscaping. An area with a tree canopy coverage, of at least
25% of the entire site area, shall be preserved within dedicated open space. In no
case shall individual building lots be located within the open space. Canopy
coverage shall be calculated from the cumulative total of existing tree canopies.
Preserved trees shall be clustered together to maintain a contiguous canopy; and
shall be protected from construction activity. These areas of open space may be
counted towards the total required open space, as specified in § 165 -63.
Residential developments which are not required to have open space by § 165 -63
are not exempt from creating open space for the required canopy coverage. The
calculation of tree canopy shall be based on either the individual tree standards
of the "Manual of Wood Landscape Plants," written by Michael A. Dun, or
through a comprehensive analysis of existing tree drip lines, conducted by a
Virginia certified engineer, land surveyor or landscape arcbitect.
Action:
BOARD OF SUPERVISORS: June 24, 2009 ❑ APPROVED ❑ DENIED
RESOLUTION
CHAPTER 165, ZONING, ARTICLE IV - SUPPLEMENTARY USE
REGULATIONS, SUBSECTION 36 - LANDSCAPING REQUIREMENTS -
AMENDMENT TO REMOVE LANDSCAPING REQUIRMENTS FROM MAJOR
RURAL AND RURAL PRESERVATION SUBDIVISIONS.
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning — for an amendment to remove the landscaping
requirements as applied to major rural subdivisions and rand preservation subdivisions.
WHEREAS, The Development Review and Regulations Committee (DRRC) recommended
approval of this amendment on May 28, 2009; and
WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009; and
recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity,
convenience, general welfare, and good zoning practice, directs the Frederick County
Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning —
for an amendment to remove the landscaping requirements as applied to major rural
subdivisions and rural preservation subdivisions.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing to
consider revisions to Chapter 165, Zoning — for an amendment to remove the
landscaping requirements as applied to major rural subdivisions and rural preservation
subdivisions.
Passed this 24' day of June, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove Bill M. Ewing
Gene E. Fisher Charles S. DeHaven, Jr.
Philip A. Lemieux
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
COUNTY of FREDERICK
Department of Planning and Development
.mo MEMORANDUM - 540/665 -5651
FAX: 540 /665 -6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner
Subject: Discussion — Buffer Requirements
Date: June 18, 2009
Buffer and screening requirements in Frederick County are contained in §165-37 of the Zoning
Ordinance. This section of the ordinance regulates the width and content of zoning district
buffers as well as where they are required and when they can be waived or modified. Staff has
encountered various issues regarding the buffer aid screening requirements contained within this
section of the ordinance. Specifically, concerns regarding the content of the landscape screening
element and the ability for buffer modifications have been expressed.
Staff has prepared revisions to the Zoning Ordinance to address the issues outlined above.
Specifically the revisions would address the following:
• §165 -37 B, Screening, Landscape screening. The current requirement consists of three
trees per ten linear feet (2/3 evergreen trees and 1/3 deciduous trees). The evergreen trees
are planted at four feet in height and the deciduous trees at two inch caliper. This
requirement results in a buffer that is very dense and will only survive for a few years
until the trees become crowded. The proposed amendment would be to require 1/3
deciduous trees, 1/3 evergreen trees and 1/3 shrubs. The evergreen trees would be
planted at six feet in height, the deciduous trees would remain at two inch caliper and the
shrubs would be planted at eighteen inches in height.
• §165 -37 D, Zoning District Buffers — 132/1813. Proposed revision to remove the zoning
district buffer requirement between the B2 (Business General) and B3 (Industrial
Transition) Districts.
• §165 -37 D, Zoning District Buffers - Waivers. Revision of Subsection 6 to allow the
Zoning Administrator to waive any or all of the requ for the zoning district
buffers on a particular site plan when all uses shown on the site plan are allowed in the
zoning district in which the development is occurring and in the adjoining zoning
districts.
• §165 -37 D, Zoning District Buffers - Waivers. Addition of a provision to allow the
_ Zoning Administrator to waive, reduce or modify buffer yard requirements due to
topography.
• §165 -37 — Other minor revisions to include references to the new OM (Office
Manufacturing Park) District.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Frederick County Board of Supervisors
Re: Buffer Requirements
Page 2
June 18, 2009
The item was presented to the Development Review and Regulations Committee (DRRC) at _
their meeting on May 28, 2009. The DRRC endorsed the changes and recommended it be sent to
th Planning Commission for discussion. The Planning Commission discussed the changes at
their meeting on June 17, 2009. The Planning Commission agreed with the proposed
amendment and recommended that the changes be forwarded to the Board of Supervisors for
discussion.
The attached document shows the existing Ordinance with proposed additions shown in bold
italics and deletions shown in blackline. This item is presented for discussion. Staff is seeking
comments and direction from the Board of Supervisors on this Zoning Ordinance text
amendment; attached is a resolution directing the item to public hearing should the Board deem
it appropriate.
Attachments: 1. Revised ordinance with additions shown in bold red italics and deletions
are shown with a strikethrough.
2. Resolution.
CEP/bad
ATTACHMENT 1
§ 165 -37. Buffer and screening requirements. [Amended 6 -13 -1990]
It is the intent of the regulations of this section to encourage proper design of a site in order to
protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses
most be buffered from other types in order to ensure a desirable living environment.
Additionally, appropriate distances must be maintained between commercial, industrial and
residential uses and roads.
A. Distance buffers. Distance buffers are based on the nature of an activity and the proximity to
an activity of a different nature. They are linear distances measured from property lines
inward. Part of the buffer most be inactive and part may be active. The inactive portion
begins at the adjoining property line, as shown in the example diagrams.
(1) Inactive distance buffer. This portion of a buffer area permits no activity except the
necessary utility functions provided by transmission lines, underground conduits, etc.
(2) Active distance buffer. This portion of a buffer area may not be encroached by a
building or other principal structure or activity. However, accessory activities, such as
parking, are permitted in this area. Active buffers shall not contain road rights- of-way.
(3) Whenever proposed developments are adjacent to or within 1,000 feet of the boundaries
of existing uses, the Planning Commission may require increased or additional distance
buffers to separate different uses to achieve the intentions of this section.
B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise
or visual interaction between adjacent activities. There are two levels of screening:
landscape screening and full screening. The higher the levels of screening provided, the
lower the level of distance buffer required. The example diagrams show how this works.
(1) Landscape screening. A landscape screen consists of a totally landscaped easement at
least 10 feet in depth; it is encouraged that the plantings to be spaced appropriately
within the inactive buffer. Within the easement, there shall be a minimum landscaping
density of three plants per 10 linear feet. The buffer shall consist of a combination of
113 deciduous trees, 113 evergreen trees and 113 shrubs. Deciduous trees shall be
planted at a minimum of 2" caliper, evergreen trees shall be a minimum of Vin height
and shrubs shall be 18" in height at time of planting.
(2) Full screen. A full screen provides all the elements of a landscape screen and also
includes a six - foot -high, opaque hedge, fence, wall, mound or berm. A 50 foot strip of
mature woodlands �° ° -- ° -= -�- -<
_ - �v -���� may be allowed as a full screen. As -with
(3) Wherever proposed developments are adjacent to existing uses, the Planning
Commission may require additional landscaping or landscaped easements to separate
different uses and to achieve the intentions of this section.
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:
2
(a) Buffer categories:
Screening
Cate2ory Provided
Distance Buffer Required
Inactive Active Total
(Minimum) (Maximum)
feet feet feet
I l k
A
No screen
25
25
50
B
Full Screen
25
25
50
B
Landscape screen
75
25
100
B
No screen
150
50
200
C
Full screen
75
25
100
C
Landscape screen
150
50
200
C
No screen
350
50
400
(b)
[Amended
9 -12 -20011 Buffer categories to be provided on land
to be developed
according
to
the zoning of the adjoining land:
Zoning of Adjoining Land
Zoning
of Land
To Be
Developed
RP
R4
R5 MHl BI
B2 B3
OM
Ml
M2
EM
MS
RP
_
_
- - A
A A
A
A
A
A
A
R4
-
-
- - A
A A
A
A
A
A
A
R5
-
-
- - A
A A
A
A
A
A
A
Mgt
C
C
C - B
B B
B
B
A
A
C
Bi
B
B
B B _
_ A
A
A
A
A
B
B2
B
B
B B -
- A
A
A
A
A
B
B3
C
C
C C B
OM
C
C
C C B
B
Ml
C
C
C C B
B
M2
C
C
C C B
B B
B
B
EM
C
C
C C B
B B
B
B
MS
C
C
C C B
B B
B
B
B
C
2
(2) If a lot being developed is adjacent to developed land which would normally be
required to be provided with a buffer but which does not contain the buffer, the
required buffer shall be provided on the lot being developed. The buffer to be
provided shall be of the larger category required on either the lot being developed
or the adjacent land. Such buffer shall be in place of the buffer normally required
on the lot being developed. The buffer may include required setbacks or buffers
provided on the adjacent land.
(3) Whenever land is to be developed in the BI (Neighborhood Business) or B2
(Business, General) Zoning District that is adjacent to land primarily used for
residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall
be provided on the land to be developed. The Board of Supervisors may grant a
waiver to reduce the required buffer distance requirements with the consent of the
adjacent (affected) property owners. Should a waiver be granted by the Board of
Supervisors, the distance requirements of § 165- 37D(1)(a) may be reduced,
provided the full screening requirements of this section we met. [Amended 3 -9-
20051
(4) Whenever land is to be developed in the B3, OM, Mi or M2 Zoning District that
is adjacent to land primarily used for residential purposes in the RA Rural Areas
Zoning District, a C Category buffer shall be provided on the land to be
developed.
(5) Whenever land is to be developed in the MS Zoning District that is adjacent to
land primarily used for residential purposes in the RA (Rural Areas) Zoning
District, a C Category buffer shall be provided on the land to be developed.
Whenever land is to be developed in the MS Zoning District that is adjacent to all
other land zoned RA (Rural Areas) Zoning District, the requirements for buffer
and screening shall be provided in accordance with § 165 -102 of this chapter.
[Amended 9- 12- 20012]
(6) The PlftfiR, C „� Zoning Administrator may waive any or all of the
requirements for the zoning district buffers on a particular site plan when all uses
shown on the site plan are allowed in the zoning district in which the development
is occurring and in the adjoining zoning districts.
(7) The Zoning Administrator may waive, reduce and/or modify buffer yard
requirements (distance and landscaping) if in his opinion the topography of the
lot providing the buffer yard and the lot being protected is such that the
required yard would not be effective. The buffer may also be modified to
maintain highway sight distances.
-- - --- ------ . l—,,
(8) [Added 3 -13 -19961 Land proposed to be developed in the OM (O./.fice-
Manafactaring Park), the Ml Light Industrial District and the M2 Industrial
General District may be permitted to have a reduced buffer distance that is
consistent with the required side or rear building setback line, provided that the
following requirements are met:
(a) The property to be developed with a reduced buffer distance is part of an
approved master planned industrial park.
(b) There are no primary or accessory uses within the reduced buffer distance
area, including driveways, access drives, outdoor storage areas, parking
areas, staging areas, loading areas and outdoor dumpster areas. All- weather
surface fire lanes necessary to meet the requirements of Chapter 90, Fire
Prevention, of the Code of Frederick County, Virginia, shall be exempt from
this performance standard.
(c) A full screen is required to be created within the reduced buffer distance
area which shall be comprised of a continuous earth berm that is six feet
higher in elevation than the highest elevation within the reduced buffer
distance area and a double row of evergreen trees that are a minimum of six
feet in height and planted a maximum of eight feet from center to center.
(9) Proposed developments required to provide buffers and screening as determined
by § 165- 37D(1)(b) of this chapter may be permitted to establish a common
shared buffer and screening easement with the adjoining property. The common
shared buffer and screening easement shall include all components of a full screen
which shall be clearly indicated on a site design plan. A legal agreement signed
by all appropriate property owners shall be provided to the Department of _
Planning and Development and shall be maintained with the approved site design
Plan. This agreement shall describe the location of the required buffer within each
property, the number and type of the plantings to be provided and a statement
regarding the maintenance responsibility for this easement. The required buffer
distance may be reduced by 50% for a common shared buffer easement if existing
vegetation achieves the functions of a full screen. [Amended 6 -12 -19961
(10) When a flex -tech development is split by a zoning district line, the Planning
Commission may allow for a reduction of the distance buffer and the relocation of
the screening requirements. Such modifications shall be allowed at the
Commission's discretion, provided that all of the following conditions are met:
[Added 2 -11 -19981
(a) The zoning district boundary line for which the modification is requested is
internal to the land contained within the master development plan.
(b) The required landscape screen is relocated to the perimeter of the flex -tech
development. This relocated, landscape screen shall contain the same
plantings that would have been required had the screen been placed along
the zoning district boundary line.
(11) Whenever land is to be developed in the BI, B2, B3, OM, Ml or M2 Zoning
Districts that is adjacent to a railroad right -of -way that has property zoned B 1, B2,
B3, OM, Ml 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, Zoning District Buffer as required by §165 -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. [Added 12 -10 -20081
Action:
BOARD OF SUPERVISORS: June 24, 2009 ❑ APPROVED ❑ DENIED
RESOLUTION
CHAPTER 165, ZONING, ARTICLE IV — SUPPLEMENTARY USE
REGULATIONS, SUBSECTION 37 — BUFFER AND SCREENING
REQUIREMENTS
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning — pertaining to the revision of buffer and screening
requirements.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on May 28, 2009; and
WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009; and
recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity,
convenience, general welfare, and good zoning practice, directs the Frederick County
Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning,
Article IV, Supplementary Use Regulations, pertaining to the revision to buffer and
screening requirements.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing to
consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use
Regulations, pertaining to the revision to buffer and screening requirements.
Passed this 20 day of June, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove Bill M. Ewing
Gene E. Fisher Charles S. DeHaven, Jr.
Philip A. Lemieux
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
COUNTY of FREDERICK
\ i3 Department of Planning and Development
MEMORANDUM 540/665 -5651
FAX: 540/665-6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner (&?
Subject: Discussion— Beverages (SIC 208) in the Ml Zoning District
Date: June 18, 2009
Frederick County has received a request to add Standard Industrial Classification (SIC) 208 to
the permitted uses in th M1 (Light Industrial) Zoning District. SIC 208 includes the following
uses:
• Malt Beverages (SIC 2082)
• Malt (SIC 2083)
• Wines, Brandy, and Brandy Spirits (SIC 2084)
• Distilled and Blended Liquors (SIC 2085)
• Bottled and Canned Soft Drinks and Carbonated Waters (SIC 2086)
• Flavoring Extracts and Flavoring Symps (SIC 2087)
The Ml District currently only allows SIC 2086 and 2087 as permitted uses, and SIC 2
D Review 08 in it's
entirely, is only permitted a and in the M2 (Industrial General) District. The item was presented to the
Regulations Committee (DRRC) at their meeting on May 28, 2009.
The DRRC endorsed the changes and recommended it be sent to the Planning Commission for
discussion. The Planning Commission discussed this item at their meeting on June 17, 2009.
The Planning Commission agreed that portions of SIC 208 may be appropriate but that Malt
Beverages and Malt (SIC 2082 and 2083) should not be permitted in the Ml due to the odor. It
was also expressed that Flavoring Extracts and Flavoring Syrups (SIC 2087) should also be
removed from the MI permitted uses. The proposed ordinance has been revised to address the
Planning Commission concerns regarding Malt and Malt Beverages and the proposed ordinance
amendment would permit SIC 208, excluding 2082 and 2083, as a permitted use in the Ml
District.
The attached document shows the existing Ordinance with proposed additions shown in bold
italics. This item is presented for discussion. Staff is seeking comments and direction from the
Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution
directing the item to public hearing should the Board deem it appropriate.
Attachments: I. Proposed Ordinance Revision ( §165 -82A).
2. Standard Industrial Classification (SIC) Group — 208
3. Resolution
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
E. MI -Light Industrial District. The intent of this district is to provide for a variety of light manuf cturing,
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 safe and sufficient access.
Standard Industrial
soup mixes
Classification
Allowed Uses
(SIC)
Landscape and horticultural services
078
Offices and storage facilities for building construction
15, 16 and 17
contractors, heavy construction contractors and
special trade contractors
2082
Manufacturing as follows:
-
Dairy products
202
Canned, frozen and preserved fruits, vegetables and
203
soup mixes
Bakery products
205
Sugar and confectionary products
206
Beverages,
208
excluding the following:
Malt Beverages
2082
Mall
po ni'd and d oft 4Fint's a rd- earl3ertated evate-
2083
3086
°lave- ng txtraets -and lavofff
g
Miscellaneous food preparations and products,
3687
209
excluding the following:
Canned and cured fish and seafood -
2091
Fresh or frozen fish and seafood
2092
Textile mill products
22
Apparel or other finished products made from fabrics
23
and similar material
Lumber and wood products, excluding the following:
24
Logging
241
Sawmills and planing mills
242
Wood preserving
2491
Furniture and fixtures
25
Paperboard containers and boxes
265
Converted paper and paperboard products, except
267
containers and boxes
Printing, publishing and allied industries
27
Drugs
283
Rubber and miscellaneous plastics products
30
Concrete block and brick and related products
3271
Fabricated metal products, excluding the following:
34
Coating, engraving and allied services
347
Ordinance and accessories
348
Industrial and commercial machinery and computer
35
equipment
Electronics and other electrical equipment and
36
components, excluding the following:
Storage batteries
3691
Primary batteries
3692
Transportation equipment
37
Measuring, analyzing and controlling instruments;
38
photographic, medical and optical goods, and
watches and clocks
39
Miscellaneous manufacturing industries
41
Local and suburban transit and interurban highway
passenger transportation
42
Motor freight transportation and warehousing
45
Transportation by air
47
Transportation services
Communication facilities and offices, including
48
telephone, telegraph, radio, television and other
communications
Electric, gas and other utility facilities and offices and
49
trucking and warehousing [Amended 8 -24 -20041
Wholesale trade
Advertising specialties — wholesale [Added 8 -24 -20041
5199
58
Restaurants
Linen supply [Added 8 -24 -20041
7213
Dry- cleaning plants [Added 8 -24 -20041
7216
73
Business services
Outdoor ad services [Added 8 -24 -20041
7389
Automobile recovery service [Added 8 -24 -20041
7389
Automobile repossession service [Added 8 -24 -20041
7389
Exhibits building of by contractors [Added 8 -24 -20041
7389
Filing of pressure containers (aerosol) [Added 8 -24 -20041
7389
Gas systems contract conversion from manufactured
7389
to natural gas [Added 8 -24 -20041
89
773389
Produce weighting service [Added 8 -24 -20041
Salvaging of damaged merchandise not engaged in sales
[Added 8 -24 -20041
7389
Scrap steel cutting [Added 8 -24 -20041
Truck rental and leasing, without drivers [Added 2 -7 -19951
Tire retreading [Added 5 -13 -19921
7534
Welding repair [Added 8 -24 -20041
7692
Aericultural equipment repair [Added 8 -24 -20041
7699
Boiler cleaning and repair [Added 8 -24 -20041
7699
Cesspool cleaning [Added 8 -24 -20041
7699
Coppersmithing [Added 8 -24 -20041
7699
Engine repair [Added 8 -24 -20041
7699
Farm machinery and tractor repair [Added 8 -24 -20041
7699
Industrial truck repair [Added 8 -24 -20041
7699
Machinery cleaning [Added 8 -24 -20041
7699
Measuring and controlling instrument repair; mechanical
7699
[Added 8 -24 -20041
Meteorological instrument repair [Added 8 -24 -20041
7699
Precision instrument repair [Added 8 -24 -20041
7699
Repair of optical instruments [Added 8 -24 -20041
7699
Repair of service station equipment [Added 8 -24 -20041
7699
Scale repair service [Added 8 -24 -20041
7699
Septic tank cleaning service [Added 8 -24 -20041
7699
80 STANDARD INDUSpt.LA CLASSIFICATION
I dl
Ccaop IudusCy
N.
30 ( FATS AND OILS—Cox.
2079 Shortening, Table Oils, Margarine, and Other Edible Fall and Oils, Not
Elsewhere Classified
Establishments primarily engaged in manufacturing shorte table oils,
margarine, and other edible fats and oils, not elsewhere classified Establish-
ments primarily engaged in producing corn oil are classified in Industry 2046.
»fie sax area rzc WnYOimJ oa. sembl..;nter erea.ss
ev�,a®�eam.mlaa ea omew
w�— Pemm ,. sand �aa ea
maP mu,wms im. "A�
yr „ e1eod �°r�ss �P�a v,a.e�aete
an[ mmgmme a'Ybeau ,. seed sled oil
_ Ve¢nzNe „)ic4 and mlad
U1 PTbelb 9amE�ek aLble "'°eaM oen al re6n i o�
20? BEVERAGES
2082 Malt Beverages
Establishments primarily engaged in manufacturing malt beverages. Estah-
lishmeuts prima_ -fly engaged in bottling purchased malt beverages are class:
fied in Industry 5181.
d1e lJ�l t sa.✓n and
ems
aee t=»� mea
nf9Qjg Pe,ry Ialmholic Eeveage)
��® R Shut Islmholic 4ver�el
r+9�4 mah
2053 Malt
Establishments primarily engaged in manufacturing malt or malt b;Trod-
acts from barley or other grains.
ewl trr�d¢4 _ twse.ue
awe sa<I va *mot aea m._ sees aaae � mer..youees
2084 Wines. Brandy, and Brandy Spirits
Establishments primarily engaged in manufacturing wines, brandy, and
brandy spirits. This industry also includes bonded wine cellars which are en-
gaged in blending wones. Establishments primarily bottling purchased wines,
brandy, and brandy spirits, but which do not manufacture wines and brandy,
are clamfied in Wbolesale Trade, Industry 5182,
erao-lr wive melees (be.ea4e:)
n.andre>. wma
wie. � , moaet Qe m nlea-
2085 Distilled and Blended Liquors
Fstab hshment. priarily engaged in manufacturing alcoholic liquors by dis-
tillation, and in reanufaeturing cordials and alcoholic cocktails by blending
processes or by mixing liquors and other ingredients. Establishments primari-
ly engaged in manufacturing industrial alcohol are classified in Industry 2869,
and those only bottling purchased liquors are classified in Wholesale Trade,
Industry 5182.
ree $LYI ambol mr mdirioal aad
r�al araml;c em lelmxre ne.ea�
u�le:l arim m ma mlvblez cearo elmhel rW meat ana Beer- .
spa. amsw< a e mey�ea
ball
F' F 116rY[BO1012[d
Imam.
aP due✓
A NC. No.
208 BEVERAGES —Con.
2085 Distilled and Blended Liquars —Con.
Iigm¢ duYa4d and G1 ®ded'-�P�
Iemdl
&w
bever-
aRPO�
81
Vry
R'tideP murb,� e]e. � L'8 hPE. sell
2066 Bottled and Canned Soft Drinks and Carbonated Waters
Esfiablishmeats primarily engaged in manufacturing soft drinks and carbon-
ated waters Establishments primarily engaged in manufacturing fruit and
vegetable juices are classified in Industry Group 203; these manufacturing
rout syrups for flavoring are classified m Industry 2087; and those manufac-
turing nonalcoholic cider are classified in Industry 2099. Establishments pri -
marily en in bottling natural spring waters are classified in Wholesale
Trade, Industry 5149.
Hrv. iv'L aM wt mttld a ennead ]eun mde mNei, raw,ed w hoh
Grm®tai mr'�Sa aooalm6otie Muuai water. racy ®a41 rattled ar
6Wdrc ®ued mud
n'�a cLm[M}Id. mncd.m4M "Stlt a*iu`c�mRl�momea
G�calslN= 4dmeuoed Ta mtt4M Or Band
Imi b, brcNd eo 1-d Wale, PaCevmed_ mttld or rannN
2G87 s layoring Eztr-acts and Flavoring Syrups, Not Elsewhere Classified
Establishments primarily engaged in manufacturing flavoring extracts,
syrups, powders, and related products, not elsewhere classified, for soda four-
t rise or for the nom fact ue of soft drinks, and eelors for bakers' and con-
fectioners' rise Establishments primarily engaged in manufacturing chocolate
syrup are classifi in Industry 2066 .
s� ma tra.om mnanmre
siv¢z pb°wmG ®4atesl Flawriug ez+.actc. F ¢ w^aen,
a.nal�am m� and m
e al
Co3tp m:m ms4amlic wL lm,u6c ucea: amthetic
r� naafi am=m+w vwd -t m. gyre rooms
c� >a mt� � menmo,.ea r�� ice. maaao-a:.3 ror r��.a,e
uwd;�.»a meta, Qw ,,.a: re Ada reva awe
nw emd� ma aa�eare
209 MIS FOOD PREPARATIONS AND KINDRED PRODUCTS
2091 Canned and Cored Fish and Seafoods
Establishments primarily engaged in cooking and canning fish, shrimp, oys
tern, clams, crabs, and other sesfoods, including soups; and these engaged in
smoking, salting, drying, or otherwise curing fish and other Seafoods for the
trade. Establishments primarily engaged in shucking and packing fresh oys-
ters in nonsealed containers, or in freezing or preparing fresh fish, are classi-
fied in Industry 2092
tuned rv6.wlwe,md uwa FuL. ®uetl mdcwed
Cs,ar. ®nuM P¢h mod, drill, P�L°d, se!led. eo3
f1o+d®a rn6 md.armL w,uM �okd
CUm Wv9on 6amh Aande. 1^k Herein6 cmukM mleaa. Aeiei vd
L�IIM n timed P�okled
CMrak .ended ¢at4d, aned, and Mackrrel cooked, m1L{ deed, znd
'�"d PKkld
CvaL meal. anentandm i
Sa —
uuuai and m,ei
F au hadSx Gmcbni kadir3l �., m rooted oltrd dried �N,
FrsA and surmlake amM and Pskled
FW Thai[, omai Sardiva owed
ta
Action:
BOARD OF SUPERVISORS: June 24, 2009 ❑ APPROVED ❑ DENIED
RESOLUTION
CHAPTER 165, ZONING, ARTICLE X— BUSINESS AND INDUSTRIAL
ZONING DISTRICTS, SUBSECTION 82 — DISTRICT USE REGULATIONS -
PROVISIONS TO ADD BEVERAGES (SIC 208) AS A PERMITTED USE IN THE
MI (LIGHT INDUSTRIAL) DISTRICT.
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning — for provisions to add Beverages (SIC 208) as a
Permitted Use in the Ml (Light Industrial) District.
WHEREAS, The Development Review and Regulations Subcomminee (DRRS)
recommended approval of this amendment on May 28, 2009; and
'WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009; and
recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity,
convenience, general welfare, and good zoning practice, directs the Frederick County
Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning —
for provisions to add Beverages (SIC 208) as a Permitted Use in the MI (Light Industrial)
District.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing to
consider revisions to Chapter 165, Zoning — for provisions to add Beverages (SIC 208)
as a Permitted Use in the MI (Light Industrial) District.
Passed this 20 day of June, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote: -'
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove Bill M. Ewing
Gene E. Fisher Charles S. DeHaven, Jr.
Philip A. Lemieux
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator