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September 23 2009 Regular Meeting141 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 23, 2009, at 6:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. ABSENT Philip A. Lemieux. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (5) to discuss a prospective business or industry, and 2.2 -3711 (A) 7 for consultation with legal counsel regarding actual or probable litigation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving a prospective business or industry, and legal matters regarding actual or probable Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 14 litigation, pursuant to Virginia Code Section 2.2. -3711 A (5), and (7). The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye RECESS Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board recessed the meeting until 7:15 P.M. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one addition to the agenda. He asked that the Board add a request from the Winchester Industrial Development Authority for a concurring resolution in reference to the Sunshine's Pride Dairy project as tab Q. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 143 CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Amended Resolution of Support for Utilization of Industrial Access Railroad Track Funds for Whiting Road LLC — Tab D; - Parks and Recreation Commission Report — Tab E; and - Road Resolutions for Channing Drive and Rutherford Crossing — Tab P. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the September 9, 2009 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF HUGO REYES AND GREG MCCAULEY AS MEMBERS OF THE LOCAL EMERGENCY PLANNING COMMITTEE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board nominated Hugo Reyes and Greg McCauley as members of the Local Emergency Planning Committee. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 W The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye COMMISSIONER OF THE REVENUE REQUEST FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Shenandoah Building Supply, Inc. the amount of $9,804.87. This refund represents the proration of their 2009 business license as the business was sold and the remainder of 2009 was filed under the new ownership. The Commissioner suggested the Board make approval of any refund contingent upon withholding from that refund any amounts that are currently delinquent or due to the County, or that will be due, for tax year 2009. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund request contingent upon withholding from that refund any amounts that are currently delinquent or due to the County, or that will be due, for tax year 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye AMENDED RESOLUTION ( #025 -09) OF SUPPORT OF THE UTILIZATION OF INDUSTRIAL ACCESS RAILROAD TRACK FUNDS FOR WHITING ROAD, LLC. — APPROVED UNDER CONSENT AGENDA WHEREAS, Whiting Road LLC has expressed its intent and desire to the Board of Supervisors to locate its commercial business or industrial operations in Frederick County; and WHEREAS, Whiting Road LLC and its operation will require rail access; and WHEREAS, the officials of Whiting Road LLC have reported to the County their intent to apply for industrial access railroad track funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $450,000.00; and WHEREAS, Whiting Road LLC has requested that the Board of Supervisors provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby endorses and supports the application of Whiting Road LLC for $450,000.00 in industrial access railroad track funds; and BE IT FURTHER RESOLVED that the Board of Supervisors hereby makes known its Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 145 desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to Whiting Road LLC for the purpose of locating its business, commercial or industrial facility in Frederick County. This item was approved under the consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on September 15, 2009. Members present were: Charles Sandy, Jr., P. W. Hillyard, III, Gary Longerbeam, Marty Cybulski, Ronald Madagan, and Philip Lemieux. Items Requiring Board of Supervisors Action None. Submitted for Board Information Only 1. Sherando Park Phase II Bike Trail Proffer Request — Mr. Madagan moved to use $210,000 in proffer monies to complete the Sherando Park Phase II Bike Trail, second by Mr. Hillyard, carried unanimously (5 -0). 2. The Public Relations Committee recommended the amendment to Article 5, Section 6 of the Parks and Recreation Commission By -laws to read as follows: All meetings are open to the public. Any citizen of Frederick County may speak at a Parks and Recreation meeting if the topic spoken on is relevant to Parks and Recreation. Comments will be limited to three minutes and feedback will not be provided from the Commission members. Public comment will be handled at the conclusion of the adoption of the agenda. If a Commission member wishes to comment, such comment would be made at the information items portion of the meeting. Requests for public comment must be received by the Director two weeks prior to the scheduled meeting. Requests must include name, address, magisterial district, and topic. Requests can be made by e -mail or phone. The Director will confirm receipt of your request and the meeting agenda one week prior to the meeting. If the meeting is cancelled due to lack of agenda items requiring action, requested comments will be scheduled for the next Commission meeting. Second by Mr. Madagan, carried unanimously (5 -0). Standing Committee Reports 1. Fravel Easement Request — The Buildings and Grounds Committee recommended the Board of Supervisors conduct a public hearing on and approve the conveyance of 10 foot private sewer easement on Sherando Park property, second by Mr. Longerbeam, carried unanimously (5 -0). As per the Department's easement policy, this request will need to be approved prior to public hearing by the Department of Conservation and Recreation and the County will be compensated 25% of the appraised value. Staff will notify the Board of Supervisors if the Department of Conservation and Recreation approves this easement request. 2. Public Works Debris Disaster Plan Request — The Buildings and Grounds Committee recommended to postpone the Public Works Debris Disaster Plan request at Sherando Park until the October 2009 Commission meeting, second by Mr. Cybulski, carried unanimously (5 -0). The Commission desired more information, since the use of Sherando Park is subject to the conversion process of land required by the Department of Conservation and Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 146 Recreation for land purchased with Land and Water Conservation Fund monies. This was not known by Public Works at the time of their request. 3. Capital Improvements Plan FY 2010 -11 — The Buildings and Grounds Committee recommended the approval of the Capital Improvements Plan for FY 2010 -11 as submitted, second by Mr. Longerbeam, motion carried (4 -1). 4. FY 2009 -10 Fees and Charges — The Finance Committee recommends the approval of the fee rate changes as submitted for fiscal year 2010 -11, second by Mr. Cybulski, carried unanimously (5 -0). FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, September 16, 2009 at 8:00 a.m. All members were present. 1. The AARP Tax Aide Program requests a General Fund sLipplemental 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 information, p. 1 -4. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye 2. The Sheriff requests a General Fund sLipplemental appropriation in the amount of $24,672.32 This amount represents a carry forward of unspent FY 2009 grant funds. See attached memo, p. 5. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $13,000 This amount represents a grant continuation of the County's participation in the Internet Crimes Against Children Task Force. No local funds required. See attached information, p. 6 -10. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 147 Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye 4. The School Finance Director requests a General Fund and School Capital Project Fund supplemental appropriation in the amount of $114,468.92 This amount represents unspent FY 2009 funds needs to complete the annex building at the school administration site. See attached memo, p. 11. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye 5. The School Finance Director requests a General Fund and School Operating Fund supplemental appropriation in the amount of $52,338.68 This amount represents the FY 2009 balance of restricted funds. See attached memo, p. 11. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: 6. The County Finance Director and the School Finance Director provide FY 2009 year end reports. See attached information, p. 12 -29 (County); p. 30 -54 (Schools). 7. The County Administrator requests to address the committee on the status of Court Services /Detox /Starting Point funding. See attached information, p. 55 -61. The committee recommends approval of Court Services Fund supplemental appropriation in the amount of $50,000 This amount represents replacement of the City's funding cut. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Richard C. Shickle Aye Bill M. Ewing Bill M. Ewing Aye "- Charles S. DeHaven, Jr. Aye Gary W. Dove Gary W. Dove Aye Gene E. Fisher Gene E. Fisher Aye Philip A. Lemieux Philip A. Lemieux Absent Gary A. Lofton Gary A. Lofton Aye 6. The County Finance Director and the School Finance Director provide FY 2009 year end reports. See attached information, p. 12 -29 (County); p. 30 -54 (Schools). 7. The County Administrator requests to address the committee on the status of Court Services /Detox /Starting Point funding. See attached information, p. 55 -61. The committee recommends approval of Court Services Fund supplemental appropriation in the amount of $50,000 This amount represents replacement of the City's funding cut. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye 8. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of $579,925 This amount represents an increase in federal grant funds. No local funds required. See attached memo, p. 62. — Approved. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 148 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr Gary W. Dove Gene E. Fisher Philip A. Lemieux Gary A. Lofton Aye Aye Aye Aye Aye Absent Aye Information Only 1. A thank you note was received from the Northern Virginia 4 -H Educational and Conference Center for the FY 2010 contribution. See attached, p. 63. 2. The County Finance Director and the School Finance Director provided a report on FY 2009 outstanding encumbrances which were carried forward to FY 2010. See attached, p. 64 -66 (County); p. 67 -68 (Schools). PUBLIC HEARING /:" CREEK BATTLEFIELD FOUNDATION — 14, - -- A1rFNIV M5Anx REENACTMENT OF THE BATTLE OF CEDAR CREEK. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 C, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FO AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY AND SUNDAY, OCTOBER 17 AND OCTOBER 18, 2009, FROM 9:30 A.M. — 6:00 P.M. EACH DAY TO BE HELD ON THE GROUNDS OF CEDAR CREEK BATTLEFIELD, 8437 VALLEY PIKE, MIDDLETOWN, VIRGINIA 22645, PROPERTY OWNED BY CEDAR CREEK BATTLEFIELD FOUNDATION. - APPROVED Administrator Riley advised this was an application for an outdoor festival permit for the 145 Anniversary Reenactment of the Battle of Cedar Creek. The event will be held Saturday and Sunday, October 17 and 18, 2009, from 9:30 a.m. to 6:00 p.m. on the grounds of Cedar Creek Battlefield. Chairman Shickle convened the public hearing. Suzanne Chilson, Cedar Creek Battlefield Foundation, advised she was present to answer any questions the Board might have. Supervisor Lofton asked if the number of available tickets was the same as past years or if there were more or fewer tickets. Ms. Chilson responded the number of tickets was the same as in the past. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the outdoor festival permit for the 145 Anniversary Reenactment of the Battle of Cedar Creek. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 149 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #06 -09 FOR POWELL'S INVESTMENTS, LLC, FOR A PUBLIC GARAGE WITHOUT BODY REPAIR THE PROPERTY IS LOCATED AT 214 WATERLOO COURT AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 65 -A -130 IN THE SHAWNEE MAGISTERIAL DISTRICT. — ACTION POSTPONED UNTIL OCTOBER 14, 2009 REGULAR MEETING Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for a public garage. The property is located at 214 Waterloo Court in the Shawnee Magisterial District. It is currently zoned RA (Rural Areas) District and its current use is residential. Zoning Administrator Cheran went on to say the proposed use would take place in a 2,400 square foot structure. He noted consideration should be given to mitigating impacts to adjacent residential properties. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing eight vehicles (three inside garage and five outside) on site at any time. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to up to four employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. Any proposed business sign shall conform to the Cottage Occupation sign requirements and shall not exceed four square feet in size. 7. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. 8. Any expansion or change of use shall require a new Conditional Use Permit. Zoning Administrator Cheran concluded by saying the applicant was not present. Chairman Shickle asked for a clarification of condition number seven concerning hours of operation. He wanted to make sure the condition limited the hours of operation and did not require the business to be open for that entire period. Zoning Administrator Cheran responded that condition seven limited the hours of Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 150 operation. Chairman Shickle convened the public hearing. Brenda Altman, adjoining property owner, appeared before the Board regarding this item. She advised there is multiple traffic in and out of this property all of the time. Sometimes she cannot get out of her driveway. She went on to say Mr. Powell previously did something with motorcycles then trucks, campers, and cargo haulers. She stated it did not seem like he was repairing cars. She advised there was too much noise. The applicant had signage advertising items for sale. She concluded by saying there was too much traffic for a residential neighborhood. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board postponed action on Conditional Use Permit #06 -09 until the October 14, 2009 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye PUBLIC HEARING - REZONING #09 -07 OF CLEARBROOK PROPERTY, SUBMITTED BY GERMAN ENGINEERING TO REZONE 14.53 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSI NESS) DISTRICT, WITH PROFFERS FOR COMMERCIAL USES. THE PROPERTY IS LOCATED ON THE WEST SIDE OF ROUTE 11, APPROXIMATELY 2,200 FE ET NORTH OF HOPEWELL ROAD (INTERSTATE EXIT 321) AND SOUTH OF CEDAR HILL ROAD (ROUTE 671), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 33 -A -125 IN THE STONEWALL MAGISTERIAL DISTRICT. - DENIED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 14.53 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. The property is located on Route 11 north. The Planning Commission recommended denial of this application due to transportation concerns. The applicant subsequently requested the public hearing before the Board of Supervisors be postponed. The applicant revised the proffer statement, which is now dated August 31, 2009. The new proffer statement: - Eliminates the site's direct access to Route 11 in favor of a shared entrance with the adjoining property owner. - Increases the monetary contribution to $125,000 for general transportation Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 151 improvements and an additional $125,000 for the design of roads and signalization in the immediate vicinity of the project. - Reserves a 50 foot strip of land adjacent to Interstate 81 in anticipation of future improvements. He went on to say the Planning Commission's recommendation remains valid. Supervisor Dove asked if the County Attorney's comments were addressed. _._._ I I Deputy Director Ruddy responded yes. Ben Butler, attorney for the applicant, appeared before the Board. He stated the transportation issues would be left to the engineer to discuss. He went on to say the applicant has tried to minimize the impacts as much as possible. He noted the applicant has proffered out the entire SIC 5300. The buffering requirement is tied to the first occupancy permit. All utilities will be underground. He concluded by saying the applicant was providing easements and connections for adjacent property owners to connect to public sewer and water. Claus Bader, German Engineering, reviewed the transportation issues relative to this application. He noted the vehicle trips per day would be 2,500, which was down from 12,000. He noted VDOT has approved the proffer package per a July 2009 e-mail. Supervisor DeHaven referenced proffer 3.1 and asked if the access agreement had been executed with the adjacent property owner. Mr. Bader an agreement has not been recorded yet. He noted that he had spoken today with the adjoining property owner and felt an agreement could be worked out. Supervisor DeHaven cited proffer 3.4.1 regarding the 50 foot reserve strip and asked if the applicant had received confirmation from VDOT and the Federal Highway Administration that the geometric requirements could be met with what is shown. He went on to ask why the split rail fence referenced in proffer 5.1 was being constructed last. Mr. Bader responded he did not know. Mr. Butler stated it was a timing issue, but it could be on of the first things done. Supervisor DeHaven noted proffer 6 only addressed half of the adjoining property owners. Mr. Butler responded that was correct; however, the applicant could grant easements to the other three property owners. Chairman Shickle asked about the VDOT e -mail. Deputy Director of Planning — Transportation John Bishop advised staff received an e- Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 152 mail dated July 14, 2009 stating VDOT was satisfied the transportation concerns were addressed in the proffers. Chairman Shickle convened the public hearing. Debbie Swimley, Stonewall District and adjoining property owner, asked the Board to deny this application. She cited the impact on the adjoining property owners' lives. She noted the sewer connection previously applied to all adjoining property owners. She concluded by saying the transportation improvements fall short and requested the Board deny this application. Elaine Magee, Stonewall District, stated her opposition to this application. She noted the transportation improvements are not adequate. She stated she did not want to bear any cost for the sewer connection so the adjacent property can be developed. She went on to say the proposed rezoning would devalue the surrounding residential properties. She noted the adjacent property owners could not afford to sell or rezone their respective properties. She concluded by urging the Board to deny this application. Mark Regan, Stonewall District, stated nothing has changed in this application since it was last considered. The proffers offered to the residents are not acceptable. The transportation impacts are not mitigated. He concluded by asking for a motion to deny this application. Chairman Shickle closed the public hearing. Mr. Butler responded to the comments. He advised the applicant met with the adjacent property owners in February 2007. He stated the residents were okay with this proposal if the applicant agreed to rezone all of their land at no cost to them. The applicant looked at this proposal, but found the cost was too much. Supervisor DeHaven stated this application has gone on for a long time and noted the impacts have not been adequately addressed. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board denied Rezoning #09 -07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, PART 606 Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 153 Ml LIGHT INDUSTRIAL DISTRICT SUBSECTION 02 ALLOWED USES. REVISION TO THE FREDERICK COUNTY ZONING ORDINANCE TO ADD STANDARD INDUSTRIAL CLASSIFICATION SIC 3482 AND 3484 — FABRICATED METAL PRODUCTS TO THE PERMITTED USES IN THE M1 DISTRICT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the County received a request to add a portion of Standard Industrial Classification (SIC) 34 — Fabricated metal products to the permitted uses in the M1 (Light Industrial) Zoning District. The request would include Small Arms Ammunition (30mm — 1.18 inch or less), (SIC 3482) and Small Arms (30mm - 1.18 inch or less), (SIC 3484). The proposal would exclude vehicles and guided missiles. Senior Planner Perkins went on to say this use would be regulated by the Frederick County Inspections Department and the Fire Marshal's Office. She concluded by saying the Planning Commission recommended approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the ordinance amending The Frederick County Code, Chapter 165, Zoning, Article VI — Business and Industrial Zoning Districts, Part 606 — M1 Light Industrial District, 165- 606.02 — Allowed Uses, provision to add portions of SIC 348 — Fabricated Metal Products (Excluding SIC 3483 and 3484) to the permitted uses in the M1 (Light Industrial) District. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 606 — Ml Light Industrial District, 165- 606.02 — Allowed Uses, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meeting; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on June 25, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 2, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 23, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this _ ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 606 — Ml (Light Industrial) District, 165- 606.02 — Allowed Uses, is amended to add SIC 348 — Fabricated metal products (excluding SIC 3483 and 3484), to be permitted uses in the M1 (Light Industrial) District. This amendment is amended as described on the attachment. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 154 Part 606 — M1 Light Industrial District § 165- 606.02 Allowed Uses. Standard Industrial Classification Allowed Uses (SIC) Fabricated metal products, excluding the following: 34 Coating, engraving and allied services 347 Ammunition, Except for Small Arms 3483 Ordnance and Accessories, not elsewhere classified 3489 This ordinance shall be in effect on the day of adoption. Passed this 23` day of September, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, PART 201 SUPPLEMENTARY USE REGULATIONS SUBSECTION 05 SECONDARY OR ACCESSORY USES. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO ALLOW FOR ACCESSORY RETAILING IN THE OM (OFF - MANUFACTURING PARK) DISTRICT, M1 (LIGHT INDUSTRIAL) DISTR AND M2 (INDUSTRIAL GENERAL) DISTRICT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this is a revision to §165- 201.05 to allow for accessory retailing in the OM, M1 and M2 Districts with the same conditions as the B3 District. Accessory retailing would be restricted to no more than 15 percent of the gross floor area and shall not exceed 2,000 square feet. The Planning Commission recommended approval of the proposed amendment. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the ordinance amending the Frederick County Code Chapter 165, Zoning, Article II — Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 201 — Supplementary Use Regulations 165- 201.05 — Accessory or Secondary Uses, revision to allow for accessory retailing in the OM (Office- Manufacturing Park), M1 (Light Industrial), and M2 (Industrial General) Districts. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 155 WHEREAS, an ordinance to amend Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 201 — Supplementary Use Regulations, 165- 201.05 — Accessory or Secondary Uses, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on April 23, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 2, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 23, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 201 — Supplementary Use Regulations, 165- 201.05 — Accessory or Secondary Uses, is amended to allow for accessory retailing in the OM (Office- Manufacturing Park), M1 (Light Industrial) and M2 (Industrial General) Districts. This amendment is amended as described on the attachment. § 165- 201.05. Secondary or Accessory uses. When permitted secondary or accessory uses that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use. Secondary uses shall meet the requirements of this section as well as any particular standard imposed on such use. A. Agricultural accessory uses. The selling or processing of agricultural products produced on the premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms, temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use. B. Accessory dwellings. One accessory dwelling shall be allowed with any single- family dwelling as long as the following conditions are met: (1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot. (2) In the RP Residential Performance, MH1 Mobile Home Community and R4 Residential Planned Community Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure. (3) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District, R4 Residential Planned Community District and R5 Residential Recreational Community District. C. Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watchman. D. Child day -care services. Child day -care services and facilities shall be allowed in the M1 Light Industrial District as an accessory or secondary use to any allowed use or group of allowed uses in an industrial park. E. In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm. F. Secondary or accessory uses shall be permitted by right in the BI B2 and B3 OM MI and M2 District, but only in coniunction with and secondary to a permitted principle use Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 156 The square footage or area occupied by secondary uses cumulatively shall not exceed twenty -five (25) percent of the gross floor area of the related principal use. In the B3, OM, MI and M2 Districts no more than fifteen (15) percent of the gross floor area of the principal use may be used for accessory retail sales and in no case shall the accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory retail sales shall be included in calculating the 25 percent limit on secondary uses. seeendai:y uses eumulafivel�­shall fiet e*eeed twenty five (25) peFeefit of the gfe afea of the felated pr-ifieipal use. 12 tail as an aeeesser�­HQW s_�__AIH n-et be permitted in the ON4 Park, N41 or- N42 Distfiets, ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165 - 101.02. Definitions and word usage. ACCESSORY OR SECONDARY USE — A use of land or of a building or portion thereof customarily associated with and incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. A secondary use shall be a use not alre permitted by right in a zoninz district but may be permitted i conjunctio with a permitted use. This ordinance shall be in effect on the day of adoption. Passed this 23` day of September, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, PART 202 OFF - STREET PARKING, LOADING AND ACCESS, SUBSECTION 01 OFF - STREET PARKING; PARKING LOTS; AND ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, SUBSECTION 02 DEFINITIONS & WORD USAGE. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO REVISE STANDARDS FOR OFF - STREET PARKING AND PARKING LOT REQUIREMENTS. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a revision to §165-202.01 of the Frederick County Code for off - street parking and parking lot requirements. The major proposed revisions include: - Required Off - Street Parking Spaces; - Changes in Use; - Procedure for Adjustments to Parking Requirements; - Parking for Mixed Uses and Loading Facilities; - Captive Market; - Spaces Behind Buildings; - Parking Limit for Certain Commercial Vehicles; - Parking Lots — Surface Material; - Parking Lots — Curb, Gutter, and Islands; - Low Impact Design; - Setbacks; - Parking Space Size and Aisle Requirements; and Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 157 - Definitions. The Planning Commission recommended approval of the proposed amendments. Supervisor Lofton asked about gravel lots in the RA Zoning District and how they tie into the entrance requirements. Senior Planner Perkins responded that for standard commercial entrances they would II have pavement transitioning to gravel. Supervisor DeHaven asked if a reserve area would be required for future parking. Senior Planner Perkins responded no, if a use was not able to meet the parking requirements then it could not occur on that particular site. Supervisor Fisher asked for clarification of item number 10 on page 10. Senior Planner Perkins responded if another use comes on that site, then the parking would have to be upgraded to accommodate that use. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the ordinance amending the Frederick County Code Chapter 165, Zoning, Article Il — Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 202 — Off - Street Parking, Loading and Access, 165- 202.01 — Off - Street Parking; Parking Lots, revisions for off - street parking and parking lot requirements. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 202 — Off - Street Parking, Loading and Access, 165- 202.01 — Off - street parking; parking lots, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on April 23, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 23, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 202 — Off - Street Parking, Loading and Access, 165- 202.01— Off - street parking; parking lots is revised. This amendment is amended as described on the attachment. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 158 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 202 — Off - Street Parking, Loading and Access § 165- 202.01. Off - street parking; parking lots. Off - street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights -of- way does not interfere with traffic. A. Required parking spaces. 1) For certain residential uses, parking requirements are contained in the zoning district regulations. In all other cases, parking spaces shall be provided with each allowed use, on the lot containing the use, according to the following sehedtle table: USE and mobile homes REQUIRED PARKING 2 1 for each 3 seats 1 r or- e aek 4 seats No fewer than one (1) space per faculty and staff member and other full -time employee, plus a minimum of four (4) spaces foi visitors No fewer than one (1) space per faculty ane staff member and other full -time employees minimum of four (4) spaces for visitors; one (1 for each 10 students over driving age; one (1 for each 4 seats for stadiums and/or auditorium: No fewer than one (1) space per faculty any staff member and other full -time employee, plu one (1) for every 10 students for maximur, capacity at any one time. 1 per 5 children plus 1 per employee 1 per 4 beds, plus 1 per employee on primary shift 1.8 per bed 1 per 400 square feet of floor area; 10 minimum 1 per 250 square feet of floor area, assembly area or recreation area I eem 2 per single family dwelling plus one per gue: room 1 per room, plus appropriate spaces fc restaurants and meetina rooms Churches Schools, Elementary or Middle/Intermediate Schools, High School Colleges and Universities liay care Nursing homes, personal care, adult care residences and assisted living care facilities Hospitals Libraries, museums or galleries Fraternal lodges, civic clubs Rooming houses, boardinghouses, —and tourist homes, and bed and breakfasts Motels, hotels and lodges Assembly halls and meeting rooms 1 per 3 seats Funeral homes 1 per 4 seats; 30 minimum Commercial cemeteries 25 minimum Movie theaters 1 per 4 seats Indoor recreation 1 per 450 200 sq uare feet of floor area Golf courses and driving ranges g perele 3 per hole Miniature goyand driving ranges 2 per tee the first 36 tees, then 1 per tee Campgrounds 1 er cam site Restaurants 1 per 100 square feet of seating floor area Fast -food or drive -in restaurants 1.4 per 100 square feet of seating floor area Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 159 Retail and personal services 1 per 200 square feet of retail floor area Medical, dental, veterinarian offices and clinics 1 per 250 square feet of office area General offices, :::c'. ?.in„ 1 per 250 square feet of office floor area Banks and banks with drive -in windows a per- —_ ., ., i. ar Fee �, . ar Shopping Centers 1 400 s uare eet o oor area 6/1,000 s . o t. q f f retail floor areas for center (small strip -style centers) with up to 30,000 sq. ft 5 1I,000sq. ft. of retail floor area for centers between 30,000 and 60,000 sq, t. Shopping Centers (Non Enclosed) 411,000 sq. ft. of retail floor area for centers Lar a Inte rated Sho in Centers over 60,000 sq. ft, Shopping Centers (Mall -type centers) 3.5/1,000 sq. ft. of retail floor area for center with up to 400, 000 sq. ft. 3.8/1/000 sq. ft. of retail floor area for center over 400,000 Furniture and carpet stores; retail nurseries; 1 per 400 square feet of enclosed floor area farm equipment and feed sales; boat, mobile plus 1 per 3,000 square feet of outside displa home and motor sales area, p lus 2 s aces per service bay Automobile service and service stations -3 2 per service bay plus required spaces for retail or office areas Self service storage 1 spae 5 square f ee t per Wholesaling, warehouses, truck terminals, 3 spaces at the office plus I space per em to ee 1 der- effrple�1.5 spaces per employee plu construction storage, manufacturing and other any required spaces for office or similar us industrial uses plus one space for each company vehicle an , equipment stored outdoors Mining uses 3 er 4 em loyees (2) Interpretation. When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required. The Zo Administrator- ., allow some vafiation in the standar-ds fef required par-king based on detailed par-king demand s�udies provided by the appheant. Sueh studies should be based on an aee if atfi -analys f t par d .7 F t 1 sim uses. (3) Change in use or expansion. Parking requirements for changes in use and/or an expansion or enlargement of an existing structure and/or use shall be in accordance with the following: a) When there is a change in use (excluding shopping centers) to a use which has the same or lesser parking requirement than the previous use, no additional parking shall be required When there is a change to a use which has a greater parking requirement than the previous use, the minimum off- street parking requirements in accordance with the provisions of this chapter shall be provided for the new use b) When an existing structure and/or use is expanded or enlarged, the additional minimum off - street parking requirements in accordance with the provisions of this chapter shall be provided for the area of such expansion or enlargement. (4) Procedure for Adjustments to Parking Requirements a) Generally, the Planning Commission may approve a reduction in required Parking spaces. Applications for such a reduction shall be submitted to the Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 160 Pla nning Department in coniunction with a site plan and include the ollowin 1) A pa rking demand analysis which substantiates the ba sis for a reduced number of parking spaces. 2) A plan showing how the parking spaces will be provi o n the site. 3) An executed covenant guaranteeing that the owner will provi the a dditional spaces otherwise required, if the Planning Co mmission, up on recommendation of the Zoning Administrator, a thorough v . investigation by the Zoning Administrator of the actua utilization o f parking spaces at the building or complex, decides that the approved reduction be modified or revoked. Said covenant shall: i. Be executed by the owner of said lot or parcel of lan and the parties having beneficial use thereof: H. Be enforceable by the owner, the parties having benefi use, and their heirs, successors and assigns or both; iii. Be enforceable against the owner, the parties having be ne f icial use, and their heirs, successors and assigns or both; a nd iv. Be recorded in the Office of the Clerk of the Circuit Cou 4) The Zoning Administrator will review the above completed applica and make a recommendation to the Planning Commission. The Planning Commission may impose such additional conditions as are deemed necessary to protect and assure compliance with the object of this section. b) Parking for Mixed Uses and Loading Facilities. In the case of mixed uses (not qualifying as accessory) or two or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately. However, cumulative parking requirements for mixed -use occupancies may be reduced where the Zoning Administrator determines that the peak requirement of the several occupancies occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises. c) Captive Market. Parking requirements for retail and restaurant uses may be reduced where the Zoning Administrator determines that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurant located within the same building or a maximum walking distance of 400 feet. (34 In the the spaees eases where . 1 shall mixed uses share same par-king area, par-king equal the sum of the spaees r-equir-ed for- the var-ious uses. in . some eases , and use in these eases, the - spaces- required shall equal the sum o (5)(4) When the above o eRts r e s ult i a equ irov. efA f f aet i,, a � p a th par spae e rod shall b the next hi ., h le n When the calculation of parking spaces results in a fraction of five- tenths (0.5) or greater, the next greatest whole number shall be used (6) In circumstances when no customer or public entrance or access is located at the side or rear of a structure, no more than five percent (5 %) of the required spaces shall be located in the rear of buildings for commercial uses such as, but not limited to, shopping centers, restaurants, office or other retail uses. (7)(-S) When the required spaces are based on a number of employees, students, seats or other factor that can vary over time, the spaces required shall be based on the Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 161 maximum possible number of employees, students, and attendees normally present at any one time. (8)(6) Parking spaces based on floor area shall be determined based on the gross total floor area devoted to each separate use on the site. B. Shared parking. Required parking spaces may be located on a lot other than the lot containing the use under the following circumstances: (1) Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting lot is the same as the lot containing the use. (2) When shared parking is provided on abutting lots, the total spaces provided shall equal the sum of the number required for each use sharing the parking. (3) When shared parking is provided on abutting lots, means of pedestrian access shall be provided between each use sharing the parking and the parking area. (4) When shared parking is provided on abutting lots, a lease, easement or other form of agreement shall be executed among the property owners sharing the parking assuring the use of the required parking spaces and assuring proper maintenance of the parking area. Said agreement shall be submitted to the Zoning Administrator for review and approval. C. Parking limit for certain commercial vehicles. 1) Within the RP Residential Performance District, the RS Residential Recreational Community District, MHl Mobile Home Community District, or any residential Portion of the R4 (Residential Planned Community ) District and the MS (Medical Support) District the parking of the following types of vehicles shall be prohibited. a. tractor truck or tractor truck trailer b. semitrailer c. garbage, refuse or recycling trucks d. towing and recovery vehicle e. cement trucks f. construction equipment (as derined) g. buses h. dump truck i. trucks with a total length of 25 feet or greater j. any vehicle with three or more axles k. any commercial vehicle as derned in S 165-101.02 of this Code 2) Construction equipment. Construction equipment and construction related vehicles shall not be parked or stored in anv residential community, or residential portion of a planned community except during the tenure of construction, and only when being used for construction purposes on or proximate to the lot where parked or stored. Valid building and/or site development permits and continuous pursuit of completion of the permitted construction or development shall be required to demonstrate the existence of bona fide construction activity, 3) Exceptions. The provisions of this section shall not apply to (i) any commercial vehicle when taking on or discharging passengers or when temporarily parked Pursuant to the performance of work or service at a particular location or (ii) any Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 .. ._ �. ' • . . C. Parking limit for certain commercial vehicles. 1) Within the RP Residential Performance District, the RS Residential Recreational Community District, MHl Mobile Home Community District, or any residential Portion of the R4 (Residential Planned Community ) District and the MS (Medical Support) District the parking of the following types of vehicles shall be prohibited. a. tractor truck or tractor truck trailer b. semitrailer c. garbage, refuse or recycling trucks d. towing and recovery vehicle e. cement trucks f. construction equipment (as derined) g. buses h. dump truck i. trucks with a total length of 25 feet or greater j. any vehicle with three or more axles k. any commercial vehicle as derned in S 165-101.02 of this Code 2) Construction equipment. Construction equipment and construction related vehicles shall not be parked or stored in anv residential community, or residential portion of a planned community except during the tenure of construction, and only when being used for construction purposes on or proximate to the lot where parked or stored. Valid building and/or site development permits and continuous pursuit of completion of the permitted construction or development shall be required to demonstrate the existence of bona fide construction activity, 3) Exceptions. The provisions of this section shall not apply to (i) any commercial vehicle when taking on or discharging passengers or when temporarily parked Pursuant to the performance of work or service at a particular location or (ii) any Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 162 commercial vehicles (as defined) specifically permitted as part of a home or cottage occupation. &D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office - Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District and the MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, p arking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust and gravel -free, hard surface. a. The Zoning Administrator may allow for the use of other hard - surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime- and -seal treatment or an equivalent surface. b. In the RA (Rural Areas) District parking lots with ten 00) or fewer spaces shall be permitted to utilize gravel surfaces. c. Reinforced grass systems, permeable paving systems, or other suitable materials may be used for overflow parking areas, low volume access ways in all Zoning Districts and for agricultural uses in the RA (Rural Areas) District Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works. (2) Space demarcation. All pafking s be '' `' b duFable painted line eufbs e xtending- the-- length -of the space. The Z on i ng n a., finis +,..,t,,, may allow appropriate aftefnative markings. Signs and pa-vement mar-kings shall be tAilized, as neeessar-y, to ensure safe traffie movement and pedest-Fian aeeess atad to designate han dieapped p arking spaees. For single - family attached and multi - family developments, required off - street parking spaces shall be demarcated by four (4) inch durable white lines painted on the pavement or curb. Any other proposed color and size will require approval of the Zoning Administrator. Full delineation by 4" wide lines painted on the pavement the full width of or length of the parking stall or parking spaces shall be required in commercial, office and industrial developments Where paved parking areas are not required, delineation of parking spaces shall be by the use of individual wheel stops or other acceptable means for each unpaved parking space. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces. (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the MS (Medical Support) District and the HE (Higher Education) District. In the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the Ml Light Industrial District and the M2 Industrial General District the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes. T4e -All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. The Zoning Administrator- allow for- the ° of , ° t° bumpers instead „r Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 163 a. The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. b. The Zoning Administrator may allow for the elimination of curb and mutter or Parcels located inside of the Sewer and Service Area when necessary to implement low impact development design This shall only be Permitted where Practices such as bio- retention, infiltration trenches, and rain zardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate under -drain is included in the design and only when approved by the Director of Public Works (4) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, an4-the MS Medical Support District, and the HE (Higher Education) District The raised islands shall be bordered by a six inch concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials. Tee -,Zeg .. . and Water- Sen4ee Area when eufb and gut4ef is not proposed-. a. The Zoning Administrator may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. b. The Zoning Administrator may approve modifications to the landscaped islands for Parcels located inside of the Sewer and Service Area when necessary to implement low impact development design and where approved by the Director of Public Works (S) Low Impact Development. Low impact development techniques are encouraged by the Countv and should be incorporated into the design of individual developments when deemed appropriate by the applicant after consultation with appropriate county ofricials. Low impact design options such as rain gardens may be used to sates y the - reenspace requirements for Parking areas, such as landscaped islands and minimum landscaped area 06)Setbacks. All parking lots, loading spaces, and travelways, except for single familv detached and mobile home residential uses shall be set back as follo ws: shall be leea4ed no eloser- than fiN feet ffem an line, exeept in eases i4ier-e more than one lot shares the paFking let. -In '41wh r_AQe the par-king lot shall not be ejeser than five feet 4em the perimeter- boundar-y ef the lots shafing the pmking let. 1 M! Light industrial Distr-iet and N42 industrial Gener-al DistFiet, parking lots shall laeated no eloser- than 25 feet to any -Fead right of-way, a) At least ten (10) feet from any street or road right-of-way. b) At least five (S) feet from all other property lines, except in cases where more than one lot shares the parking lot c) In the MI (Light Industrial) District and M2 (Industrial General) District, Parking lots shall be located no closer than 10 feet to any minor or local street Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 164 or road right -of -way and no closer than 25 feet to any collector or a rterial street or road right -of -way. (67) Handicapped spaces. Handicapped parking and building or sidewalk accessibility spaees shall be provided in any parking lot in accordance with the current edition of the of Virginia Uniform Statewide Building Code (VUSBC). Handireapped par-king spares shall h- . .__ um width of .2 feet. fellows handieapped par-king spaees te pr-evide aeeess to thee sidewalk-. The number of spaees pr-evided shall be as lamed 26 to 58 2 54 to 75 3 71 76 to 1 00 4 1-04 X 150 5 1 5 1 -i - � 1 t 200 6 20 1 to 3 -7 304 to 400 $ 401 to 500 9 cnl —A .., 2 °�ota1 (78) Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 24 feet for two -way traffic and 12 feet for one -way traffic. (89) Parking space size and aisle requirements. a) Aeeess to eaeh par-king spaee shall be provided by an aisle with t following width All parking spaces and aisles shall be provided in accordance with tables 1.1 and 1.2. Aisl Width PONUng Spnee Angle One Way Two Way D ll 1 in - 1 A TABLE 1.1 Minimum Off - Street Parking Area Dimensions Ang) t�f width of Depth, a�f Width t7f Pa Stall (feet) Stall (feet) aA.isie' egrees ' ry (feet, 3 , s 30 9.0 20.0 *12.0/* *20.0 10.0 18.0 *12.0/* *22.0 45 9.0 20.0 *15.0/* *20.00 10.0 18.0 * 15.0/* *22.00 60 9.0 20.0 * 18.0/* *20.0 10.0 18.0 * 18.0/* *22.0 90 9.0 20.0 *22.0/* *22.0 10.0 18.0 *22.0/* *24.0 *One-way "Two-way All parking spaces shall be a minimum of 180 square feet in size TABLE 1.2 Parallel Parking and Aisle Dimensions Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 165 One -way aisle 9.0 22.0 12.0 (One -side p arking) One -way aisle 9.0 22.0 15.0 (Two side p arking) Two -way aisle 9.0 22.0 22.0 (Two -side p arking) (b) For other angles, the aisle width shall be the same as for the nearest angle in the above table. (s}10) The Zoning Administrator may approve alternative narking space size, space demarcation, aisle dimensions and narking islands for areas used for the d or storage of vehicles for sale by a vehicle dealer. Upon a change of use for the property or site, the spaces, demarcation aisles and islands must be revised to conform to this ordinance (911) Obstructions and structures. Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space. Any structure located in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six -inch concrete curb. The structure shall be separated from the curb by a distance of three feet. (1 -912) Drive -in lanes. Drive -in lanes shall be required for all drive -in or pickup facilities. Drive -in lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking distance of 90 feet. Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be located within the area required for minimum drive -in lane widths. All drive -in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning Administrator may reduce the minimum stacking distance of drive -in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking. (4413) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MHl Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the M 1 Light Industrial District, the M2 Industrial General District, -the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights -of -way. Parking lots shall be adequately shaded to reduce reflected heat. In the R,4 (Rural Areas) District, parking lot landscaping shall not be required for parking lots with ten (10) or fewer spaces Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet of - ��ieus area in excess of the first e ster- 100,000 square feet of the entire site. Self- service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 1 65 44, Self g e f 6elities 165- 20438, Storage facilities The majefity of these trees shall be leeated ar-ound pad ing lots. The perimeter landscaping trees shall be reasonably dispersed throughout the narking lot Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 166 A three- foot -high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights -of -ways and adjoining properties. All perimeter landscaping shall comply with the requirements of § 3 6C;, 165-203.01B, Plant selection, planting procedure and maintenance. b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § �5- -36Q, 165- 203.01B, Plant selection, planting procedure and maintenance. (4-214) Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots, pedestrian walkways and crosswalks shall be provided, marked by durable painted stripes and appropriate signs. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101- General Provisions §165- 101.02. Definitions and word usage. Commercial vehicle -Any vehicle (1) with a gross vehicle wei re with the Virginia Department of Motor Vehicles or any other state or government a as twel thousand (12,000) pounds and greater and used for commercial purposes, or (2) any vehicle, re of weikht, licensed as a "for hire" vehicle, or any limousine or bus used as a co mmon or contract carrier vehicle For purposes of this chapter, a "commercial vehicle" shal not be deemed to include any of the following: police vehicle, emergency vehicle, commu van, motor home, camping trailer, boat trailer or similar recreational equipment used as a per sonal Property and not for hire or used as a school van or bus. Construction equipment - Heavy equipment or vehicles of a type used primarily by the construction industries Such equipment may include, but is not limited to, bulldoze backhoes, cement trucks, concrete mixers, construction tractors, cranes, derricks, dredging machinery, dump trucks, excavators, graders, hosts, pavers, power shovels, road construct and maintenance machinery, scaffolds, tank trucks, trenching machines, and water well drilling machinery. This ordinance shall be in effect on the day of adoption. Passed this 23` day of September, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 167 Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT - CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS AMENDMENTS AND CONDITIONAL USE PERMITS. PART 101 GENERAL PROVISIONS SUBSECTION 02 DEFINITIONS & WORD USAGE. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO REVISE THE DEFINITION OF "DWELLING" AND "DWELLING ATTACHED ". - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised it was determined that that the definition of "dwelling" and "dwelling, attached" should be clarified. It was recommended that the definition of dwelling be expanded to state that a dwelling is a residential structure, while the definition of attached dwelling be updated to distinguish it from other housing types currently permitted in the Zoning ordinance and how it is connected to other units. The Planning Commission recommended approval of this proposed amendment. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board __._ I approved the ordinance amending the Frederick County Code Chapter 165, Zoning, Article I - General Provisions, Amendments, and Conditional Use Permits, Part 101 - General Provisions 165- 101.02 - Definitions and Word Usage, revisions to the definitions of dwelling and dwelling attached. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101 - General Provisions, 165- 101.02 - Definitions and word usage, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 2, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 23, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101 - General Provisions, 165- 101.02 - Definitions and word usage, is amended to clarify the definitions of Dwelling and Dwelling Attached. This amendment is amended as described on the attachment. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 168 Part 101— General Provisions §165- 101.02. Definitions and word usage. DWELLING — A residential structure or portion thereof which is used exclusively for human habitation. A. DWELLING, MULTIFAMILY — A structure arranged or designed to be occupied by two or more households. B. DWELLING, SINGLE- FAMILY — A structure, not including mobile homes, arranged or designed to be occupied by one household. C. DWELLING, DETACHED — A dwelling that is not attached to any other dwelling by any means. D. DWELLING, SEMI - DETACHED — A dwelling attached to one or more dwellings by a common vertical wall, with each dwelling located on a separate lot. E. DWELLING, ATTACHED — vertieal walls. jAdded ° - 12- 2001;, A dwellinz with two (2) or more single family dwelling units which are generally ioined together by an above grade common Party wall extending from the lowest floor to the roof or by a common floor- ceiling. A common floor- ceiling shall be the floor of one unit that is shared with the ceiling of another unit in vertically stacked dwelling units. Townhouse units may be attached by a garage or a connecting Permanent architecturally unified structure such as a breezeway, carport, or wall, where structures continue the design, Pattern and/or materials of the facade from one (1) dwelling unit to another. This ordinance shall be in effect on the day of adoption. Passed this 23 day of September, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye PUBLIC HEARING - ORDI NANCE AMENDMENT — CHAPTER 144 SUBDIVISION OF LAND, ARTICLE V DESIGN STANDARDS, SUBSECTION 18 SIDEWALKS AND PEDESTRIAN WALKWAYS; SUBSECTION 19 STREETLIGHTS; AND SUBSECTION 33 COMMERCIAL AND INDUSTRIAL DESIGN STANDARD EXEMPTIONS. REVISIONS TO §144 -18 TO REQUIRE SIDEWALKS ALONG EXISTING STREETS AS WELL AS PROPOSED STREETS IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT, R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT, R5 (RESIDENTIAL RECREATIONAL DEVELOPMENT) DISTRICT, AND THE MS (MEDICAL SUPPORT ) DISTRICT; 4144 -19 TO REMOVE LOT SIZE REQUIREMENT; AND §144 -33 TO REMOVE SIDEWALKS AND PEDESTRIAN WALKWAYS EXEMPTION FOR COMMERCIAL AND IN DUSTRIAL PROPERTIES. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff had prepared the following revisions to three sections of the Subdivision Ordinance: Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 §144 -18. Sidewalks and pedestrian walkways. Revision to require sidewalks along existing streets as well as proposed streets in any subdivision in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community) Districts and residential areas in the MS (Medical Support) District. The Planning Commission added a provision to allow sidewalks to be placed on only one side of a local street within any residential subdivision when low impact development techniques are utilized. Revision to require sidewalks along any collector or arterial streets in any Zoning District within the UDA or SWSA. Removal of the 15,000 square foot lot size requirement. Other revisions include a requirement for bicycle and pedestrian facilities when called for the Comprehensive — Plan. §144 -19. Streetlights. Revision to remove the lot size requirement of 15,000 square feet and implement the requirements based on Zoning District. §144 -33. Commercial and industrial design standard exemptions. Revision to remove the sidewalks and pedestrian walkways exemption for commercial and industrial properties. This revision would allow for §144 -18 to be implemented (sidewalks/bicycle paths on collector and arterial streets) and would require commercial and industrial developments to construct sidewalks or paths along collector and arterial roadways. This would not require sidewalks on roads classified as local roads /streets. She concluded by saying the Planning Commission recommended approval of this amendment. Supervisor Dove stated he had a problem with this proposal requiring sidewalks and bicycle and pedestrian facilities along all roadways. He went on to say he had a problem trying to enforce this. Supervisor Lofton asked about requiring sidewalks in the R -5 District. Senior Planner Perkins responded that any new R -5 developments would be required to install sidewalks. Chairman Shickle asked if there was a waiver provision. Senior Planner Perkins responded the Board could waive any provision of the Subdivision Ordinance and the applicant can request a waiver. Supervisor DeHaven asked if we are proposing to eliminate the exception for future commercial and industrial developments. Senior Planner Perkins responded sidewalks and bicycle paths would be required along arterial streets and collector roads, but would not be required for internal streets. Supervisor Dove stated he also had a problem increasing the size of the sidewalk and could not support the amendment. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 70 approved the ordinance amending the Frederick County Code Chapter 144, Subdivision of Land, Article V — Design Standards, revisions to Subsection 18 — Sidewalks and Pedestrian Walkways, revisions to subsection 19 — Streetlights, Revisions to Subsection 33 — Commercial and Industrial Design Standard Exemptions. WHEREAS, an ordinance to amend Chapter 144, Subdivision of Land, Article V, Design Standards, Subsection 18 — Sidewalks and pedestrian walkways, Subsection 19 — Streetlights, and Subsection 33 — Commercial and industrial design standard exemptions, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on April 23, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 2, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 23, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 144, Subdivision of Land, Article V, Design Standards, Subsection 18 — Sidewalks and pedestrian walkways; Subsection 19 — Streetlights; and Subsection 33 — Commercial and industrial design standard exemptions, are amended. This amendment is amended as described on the attachment. § 144 -18. Sidewalks and pedestrian walkways. A. Sidewalks shall be installed in the right -of -way and adjacent to the boundary of the right - of -way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two foot wide grass strip or swale between the street edge of the sidewalk —and the et�aee and the sidewalk where sidewalks are required. Sidewalks are required as follows: Along both sides of all local streets in any subdivision in the RP (Residential Performance), R4 (Residential Planned Community), RS (Residential Recreational Community)Districts and residential areas in the MS (Medical Support ) Districts in any su bdivisi o n iyisi een`.w _ ^^ ^___ __ _____e lots of less t_h.,... 15 s f i n s If low impact development techniques are utilized within a project, the Planning Commission may allow sidewalks to be placed on only one side of a local street within any residential subdivision. 2. Along both sides of all collector and arterial streets in any Zoning District within the Urban Development Area and/or the Sewer and Water Service Area. B. The Planning Commission may waive the sidewalk requirement along local streets when the pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems throughout the development and on adjoining properties. C. All sidewalks and walkways shall be a minimum of f&mj Live feet wide. Sidewalks shall conform to VDOT standards. Alternative walkways shall be approved by the Planning Commission and shall be constructed in a manner that is acceptable to the Subdivision Administrator. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 171 D. Bicycle and pedestrian facilities shall be constructed along all roadways designated by the Frederick County Comprehensive Policy Plan All bicycle and pedestrian facilities shall be a minimum of ten feet in width and shall conform to VDOT standards If not located within a public road right- of -wav all trails shall be placed within a public access easement and maintained by the developer and/or homeowner's association § 144 -19. Streetlights. Streetlights of adequate type and intensity shall be required to promote public health and safety in any subdivision in the RP (Residential Performance), R4 (Residential Planned Community), RS (Residential Recreational Community) Districts and residential areas in the MS (Medical Support) Districts. eefAaining lots of less than 15 squafe f eet Streetlights shall be provided at all intersections. The design proposal for streetlighting shall be approved by the Subdivision Administrator. The Planning Commission may waive the requirement for streetlights. § 144 -33. Commercial and industrial design standards exemptions. All commercial and industrial subdivisions shall be exempt from the following sections of article V of this chapter: A. Section 144 -17L, Curbs and gutters. E.B. Section 144 -19, Streetlights This ordinance shall be in effect on the day of adoption. Passed this 23` day of September, 2009 by the following recorded vote: OTHER PLANNING ITEMS: CONDITIONAL USE PERMIT #04 -09 FOR FEDERAL AVIATION ADMINISTRATION FOR AN 80 FOOT MONOPOLE STEEL TELECOMMUNICATIONS TOWER. THIS PROPERTY IS LOCATED AT 170 MARCEL DRIVE (OFF OF ROUTE 522 AND TASKER ROAD), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76 -A -53B IN THE SHAWNEE MAGISTERIAL DISTRICT (VOTE POSTPONED FROM SEPTEMBER 9, 2009 BOARD MEETING) - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised the line of sight and direction of the communication tower issues had been addressed. He noted a representative from the Federal Aviation Administration was present to answer any specific questions the Board might have. Zoning Administrator Cheran advised the Planning Commission recommended approval and reviewed the proposed conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co- locating public use wireless services providers. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Nay OTHER PLANNING ITEMS: CONDITIONAL USE PERMIT #04 -09 FOR FEDERAL AVIATION ADMINISTRATION FOR AN 80 FOOT MONOPOLE STEEL TELECOMMUNICATIONS TOWER. THIS PROPERTY IS LOCATED AT 170 MARCEL DRIVE (OFF OF ROUTE 522 AND TASKER ROAD), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76 -A -53B IN THE SHAWNEE MAGISTERIAL DISTRICT (VOTE POSTPONED FROM SEPTEMBER 9, 2009 BOARD MEETING) - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised the line of sight and direction of the communication tower issues had been addressed. He noted a representative from the Federal Aviation Administration was present to answer any specific questions the Board might have. Zoning Administrator Cheran advised the Planning Commission recommended approval and reviewed the proposed conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co- locating public use wireless services providers. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 172 3. A minor site plan shall be approved by Frederick County. 4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the tower will be removed by the FAA. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Chairman Shickle asked Ron Mislowsky if his client's concerns had been addressed. Ron Mislowsky, Patton Harris Rust & Associates, advised his client was satisfied this project would not impact the adjacent property. Tony Messner, Federal Aviation Administration, advised the proposed tower would have a 3 /4 degree vertical angle, which would clear the tree line at its farthest point by 40 to 50 feet. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved Conditional Use Permit #04 -09. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye ROAD RESOLUTIONS: C HANNING DRIVE (RESOLUTION #026 -09) — APPROVED UNDER CONSE AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for the comprehensive stormwater detention which applies to this request for addition; and WHEREAS, the Board assures total responsibility for all cost and expense incurred to correct faulty workmanship or materials identified by VDOT and associated with the construction of one or more of the roads and/or related drainage facilities described on the attached AM -4.3 form for a period of one calendar year after the date of the legal acceptance of the referenced roads into the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 173 BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This resolution shall be in effect on the date of adoption. Passed this 23` day of September, 2009. This item was approved under the consent agenda. RUTHERFORD CROSSING (RESOLUTION #027 -09) — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. CONCURRING RESOLUTION 0028 -09) RE: WINCHESTER INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BONDS FOR SUNSHINE'S PRIDE DAIRY - APPROVED Administrator Riley advised this was a request from the Winchester Industrial Development Authority for approval of a concurring resolution in reference to this issuance of Industrial Development Revenue Bonds for Sunshine's Pride Dairy. He stated Sunshine's Pride Dairy of Hicksville, NY intends to purchase the former Rich Foods plant and re -equip the facility for cheese manufacturing. The Dairy will use low interest tax - exempt industrial development revenue bonds to finance the facility. The property is located in both the city and county, with approximately 59% of the site being located within Frederick County. Much of this area contains parking lots and driveways. The building also crosses the city - county boundary with 15% in the county and 85% located in the city. He went on to say because a portion of this Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 174 facility is located within Frederick County, state and federal law requires that the Board of Supervisors concur with the Winchester Industrial Development Authority's approval of this financing. The requested concurrence does not create any obligation on the part of the County. The bonds will be bonds of the Winchester IDA and neither Frederick County nor the Frederick County IDA will have any liability. It should be noted the proposed bond inducement will result in an administrative fee of 1 /10 of 1% of the outstanding bond principal being returned to the Industrial Development Authority for the issuing jurisdiction each year; however, the applicant has recommended this administrative fee be split based on the proportion of the building located in each jurisdiction. Based on this scenario, 85% of the administrative fee would go to the City IDA and 15% would be returned to the County IDA. He concluded by saying without Board concurrence the Winchester IDA could not assist Sunshine's Pride Diary in obtaining low interest tax - exempt financing for the plant acquisition and renovation. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA WITH RESPECT TO INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER REVENUE BOND FINANCING FOR SUNSHINE'S PRIDE, LLC AND SUNSHINE'S PRIDE DAIRY, INC. WHEREAS, the Industrial Development Authority of the City of Winchester (the "Authority ") has considered a request of Sunshine's Pride, LLC and Sunshine's Pride Dairy, Inc. (collectively, the "Applicant "), requesting the Common Council of the City of Winchester, Virginia (the "Common Council ") and the Board of Supervisors of Frederick County, Virginia (the "Board of Supervisors ") approve (to the extent required by the applicable Virginia and federal laws of tax- exempt industrial development revenue bonds) the issuance by the Authority of the Authority's revenue bonds in an amount not to exceed $7,500,000 (the "Bonds ") to assist the Applicant in financing or refinancing all or part of the following plan of financing (collectively, the "Plan of Financing ") for the benefit of the Applicant: (i) to finance or refinance for Sunshine's Pride, LLC, a Virginia limited liability company ( "Sunshine's LLC "), all or a portion of the cost of acquiring, constructing, renovating and equipping an approximately 33,054 square foot, two story facility for the manufacture of cheese and cheese products located on approximately 8.3637 acres of land at 801 North Kent Street, Winchester, Virginia 22601, portions of such building and land being located in the City of Winchester and the County of Frederick (collectively, the "Sunshine's LLC Project "); (ii) to finance or refinance for Sunshine's Pride Dairy, Inc., a Virginia corporation ( "Sunshine's Inc. "), all or a portion of the cost of equipping the Sunshine's LLC Project (the "Project "); (iii) to fund a portion of the interest accruing on the Bonds during the construction period, and a reasonable period thereafter, of the Project; and (iv) to pay certain expenses incurred in connection with the authorization, issuance and sale of the Bonds; and the Authority has held a public hearing with respect to the Plan of Financing on September 15, 2009; and WHEREAS, Bond Counsel for the Bonds has advised that Section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code "), provides that the governmental units having jurisdiction over this issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds and Section 15.2 -4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act "), sets forth the procedure for such Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 175 approvals; and WHEREAS, Bond Counsel for the Bonds has advised that Section 15.2 -4905 of the Act provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted in connection with such financing by the second locality; and WHEREAS, certain of the facilities to be financed with the proceeds of the Bonds are located in Frederick County and the Board of Supervisors constitutes the highest elected governmental unit of Frederick County; and WHEREAS, following a public hearing held by the Authority, the Authority adopted an inducement resolution (the "Inducement Resolution ") with respect to the Bonds on September 15, 2009 and requested that the Board of Supervisors concur in the Inducement Resolution and approve the issuance of the Bonds by the Authority; and WHEREAS, a copy of the Inducement Resolution, a certificate evidencing conduct of the public hearing (including a reasonably detailed summary of the comments expressed at the public hearing) and a Fiscal Impact Statement have been filed with the Board of Supervisors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors concurs in the Inducement Resolution and approves the issuance of the Bonds by the Authority with respect to the facilities located or to be located in Frederick County in order to permit the Authority to assist the Applicant in the financing. 2. The Board of Supervisors' approval of the issuance of the Bonds by the Authority does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Applicant. The issuance of revenue bonds as requested by the Applicant will not constitute a debt or pledge of faith and credit of the Commonwealth of Virginia or Frederick County, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof will be pledged to the payment of such bonds. Neither Frederick County nor the City of Winchester, shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of Frederick County, Virginia this 23` day of September 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Absent Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09 176 BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:42 P.M.) Richard C. ShickleJ n R. Riley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Jay El T' bs Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 09/23/09