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HomeMy WebLinkAboutJuly_25_2012_Agenda_PacketAGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 25, 2012 7:15 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 5:30 P.M. — Closed Session There will be a Closed Session with the Frederick County School Board in Accordance with the Code of Virginia, 1950, as Amended, Section 2.2 -3711, Subsection A, (3), to Discuss Acquisition of Real Property for projects approved on the Frederick County Public Schools' approved Capital Improvements Plan. 7:15 P.M. — Regular Meeting - Call To Order I nvnrnfinn Pledge of Allegiance Adoption of Agenda Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: G, H, I, K, O, and P) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) 1. Regular Meeting, June 13, 2012. mull County Officials AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 25, 2012 PAGE 2 1. Employee of the Month Award for July, 2012. (See Attached) ----------- - - - - -- B 2. Committee Appointments. (See Attached) -- -C 3. Request from the Commissioner of the Revenue for Refund. (See Attached) ------------------------------------------------------------------------- - - - - -- D 4. Carry Forward Request for Shawneeland from Fiscal Year 2011/2012 Budget to Fiscal Year 2012/2013 Budget. (See Attached) --------------------------- - - - - -- E 5. Performance Agreement and Resolution for the Expansion of ON Minerals (Chemstone) Company (dba) Carmeuse Lime and Stone. (See Attached) -- F Committee Reports 1. Parks and Recreation Commission. (See Attached) ------------------------ - - - - -- G 2. Technology Committee. (See Attached) 3. HR Committee. (See Attached) 4. Public Works Committee. (See Attached) 5. Transportation Committee. (See Attached) -- Planning Commission Business Public Hearings -H -I -J - K 1. Conditional Use Permit #03 -12 for James W. Frye, for a Kennel. This Property is Located at 323 Hunting Ridge Road (Route 608), and is Identified with Property Identification Number 30 -A -98A in the Gainesboro Magisterial District. (See Attached) ---------------------------------------------- - - - - -- L Other Planning Items 1. Discussion of Proposed Ordinance Amendment — RP Ordinance Standards. (See Attached) ------------------------------------------------------------------------- - - - - -- M 2. Discussion of Proposed Ordinance Amendment — RP Ordinance Waivers. (See Attached) ------------------------------------------------------------ - - - - -- N AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 25, 2012 PAGE 3 3. Vacation of Right -of -Way of Lessur Lane, Ridge Estates. (See Attached) - -- O 4. Road Resolution (See Attached) a. Brookside Estates b. Abrams Pointe c. Chimney Hill Estates Board Liaison Reports (If Any) Citizen Comments M Board of Supervisors Comments Adjourn fk FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING June 13, 2012 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 13, 2012 at 5:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. r9lawl X" Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer 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 Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code §2.2 -3711 A (1) to discuss personnel matters, specifically, the annual evaluation of the County Administrator and §2.2 -3711 A (7), for consultation with legal counsel and/or briefings by staff pertaining to a litigation matter that has been specifically threatened and which requires the provision of legal advice by legal counsel, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the county. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E, Fisher Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION I Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only legal and personnel matters, pursuant to Virginia Code §2.2 -3711 A (1) personnel matters, specifically, the annual evaluation of the County Administrator and §2.2 -3711 A (7), for consultation with legal counsel and/or briefings by staff pertaining to a litigation matter that has been specifically threatened and which requires the provision of legal advice by legal counsel, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the county. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CERTIFICATION OF THE COUNTY ADMINISTRATOR`S EVALUATION - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board certified the annual evaluation of the County Administrator. 2 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye INVOCATION Supervisor Lofton delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr, advised he had no additions or changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under consent agenda: - Road Resolution — Lamp Estates — Tab U. 3 Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Collins, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Caleb A. Kershner, Esquire, Simms Showers, LLC, appeared before the Board on behalf of his clients, the deputies identified in the suit against Frederick County, to address the resolution before the Board regarding the claim asserted by "Northern Virginia Police Benevolent Association ". He stated he was surprised at the resolution as currently presented. He advised his clients were seeking resolution for back pay due. He explained that a claim letter was sent to the County on April 9, 2012. He noted the statements in the resolution that the Police Benevolent Association is not a Virginia agency were not correct. The Association is a non - profit organization that is active in Virginia. The resolution further stated the letter to the Board does not name parties, but a suit was filed naming all 60 deputies. The filing does comply with Virginia Code 15.2 -1253. He went on to say he was putting the Board on notice that they are a party to the lawsuit and have been named in a cross claim filed by the Sheriff. He concluded by asking the Board to reconsider the resolution. Isaiah Kehle, Stonewall District, addressed the Board regarding the proposed removal of benefits for future county employees. He noted currently Frederick County pays 100% of the cost of insurance for retirees, with 30 years of service with Frederick County, until they are eligible for Medicare at age 65. This benefit was attractive to county employees. He asked the Board to reconsider elimination of this benefit, as it would make recruitment of good candidates difficult. He went on to say that services would be affected because employees would use Frederick County as a stepping stone for other localities. He concluded by asking the Board to continue providing decent pay and benefits. Sean McGowan, Executive Director of the Virginia Police Benevolent Association, Inc., appeared before the Board to speak about the Virginia Police Benevolent Association. He noted this group was affiliated with the Southern States Police Benevolent Association, Inc., which is a 30,000 member organization. He advised the Virginia chapter was a semi - autonomous 501c5 organization. He noted that he was also a lobbyist for the group and had lobbied the General Assembly to give police officers the right to collectively bargain. He went on to say paragraph 5 of the resolution implies the group's activities are illegal, but they are not. The organization has been around for 25 years and is an over $5 million company. He concluded by saying the resolution should be rejected based on inaccuracies. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the minutes from the May 10, 2012 work session by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye s Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board approved the minutes from the May 23, 2012 regular meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR JUNE, 2012 - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Diane E. Lockhart as Employee of the Month for .tune 2012. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award candidates for the award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and WHEREAS, Diane E. Lockhart, who serves as Assistant Registrar with the Voter Registrar's Office, was nominated for Employee of the Month; and WHEREAS, Diane E. Lockhart is being awarded employee of the month for being a very conscientious Assistant Registrar. Ms, Lockhart has initiated several office procedures and processing methods of voter registrations, transfers, death notices, felony convictions, and mentally incapacitate notices that have made the office more efficient and has allowed them to better serve the citizens of Frederick County. She has always treated everyone she comes in contact with in a professional, caring, and considerate manner. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 13"' day of June, 2012 that Diane E. Lockhart is hereby recognized as the Frederick County Employee of the Month for June 2012; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to Diane E. Lockhart for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED that Diane E. Lockhart is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye HISTORIC PLAQUE PRESENTATION — WHITE HALL UNITED METHODIST CHURCH - PRESENTED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised the Historic Resources Advisory Board (HRAB) unanimously approved a Historic Plaque Designation application for the White Hall United Methodist Church located at 3625 Apple Pie Ridge Road. This is one of the few surviving early 19 "' century churches and the oldest in Frederick County. Chairman Shickle presented representatives from the White Hall Methodist Church with the historic plaque. COMMITTEE APPOINTMENTS REAPPOINTMENT OF STEPHEN PETTLER AND J.P. CARR AS TOP OF VIRGINIA BUILDING ASSOCIATION REPRESENTATIVES TO THE DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board reappointed Stephen Pettler and J.P. Carr as Top of Virginia Building Association 7 representatives to the Development Impact Model Oversight Committee. This is a one year appointment. Term expires June 28, 2013. The above motion was approved by the following recorded. vote; Richard C. Shickle Aye Bill M. Ewing Aye Christopher E, Collins Aye Charles S. DeHaven, Jr, Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF CHARITY N. THOMAS TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board reappointed Charity N. Thomas to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires July 23, 2014 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION OF THE FREDERICK COUNTY SCHOOL BOARD — LOCAL GOVERNING BODY CONCURRENCE WITH SCHOOL DIVISION ELECTING TO PAY THE VRS BOARD CERTIFIED RATE - APPROVED Administrator Riley advised the Frederick County School Board requests Board of Supervisors act on the VRS resolution for their second and smaller group rate. The School Board is electing to pay the VRS Board - certified rate for these employees. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the resolution titled: LOCAL GOVERNING BODY CONCURRENCE WITH SCHOOL DIVISION ELECTING TO PAY THE VRS BOARD - CERTIFIED RATE (In accordance with the 2012 Appropriation Act Item 468(H)) BE IT RESOLVED, that the County of Frederick does hereby acknowledge that the Frederick County School Board 55634 has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1- 145(l) resulting from the June 30, 2011, actuarial value of assets and liabilities (the "Certified Rate "); and BE IT ALSO RESOLVED, that the County of Frederick does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the Frederick County School Board 55634 to pay the Certified Rate, as required by Item 468(H) of the 2012 Appropriation Act; and NOW, THEREFORE, the officers of the County of Frederick are hereby authorized and directed in the name of the Frederick County School Board 55634 to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of the County of Frederick, as appropriate, shall be affixed and attested by the Clerk. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION REGARDING CLAIM BY CURRENT AND FORMER FIRE AND RESCUE EMPLOYEES - APPROVED County Attorney Rod Williams advised the County received a claim on March 27, 2012 on behalf of 48 current or former members of the Fire and Rescue Department. Staff is recommending approval of this claim to the extent of a payout of $96,000. This settlement is contingent upon the parties entering into a release of claim, He then read the following resolution: 9 WHEREAS, the Board has received, pursuant to the provisions of Virginia Code §§ 15.2 -1243 et seq., notice of a claim (the "Claim "), dated March 27, 2012, and as subsequently amended on March 28, 2012 and April 24, 2012, asserted by 48 current and former employees of the County's Fire & Rescue Department (the "Claimants "); and WHEREAS, the Claimants assert they are entitled to certain compensation, damages, and attorneys' fees, collectively in an amount that would exceed $96,000.00, pursuant to the provisions of Virginia Code § § 9.1 -700 et seq. ; and WHEREAS, County staff, including the County Attorney, and the County's retained counsel have reviewed the form and substance of the Claim and have investigated the factual and legal bases for the Claim and have advised the Board regarding the same; and WHEREAS, based upon the foregoing, the Board finds that approval of the Claim in the amount of $96,000.00, and subject to the terms and conditions set forth herein, is justified and appropriate. NOW, THEREFORE, BE IT RESOLVED, that the Board approves the Claim in the amount of $96,000,00, provided, however, that each individual Claimant shall execute a release of any and all claims arising out of the same transactions and occurrences set forth in the Claim and that the County shall not make payment to or on behalf of an individual Claimant until such Claimant has so executed his respective individual release; and BE IT FURTHER RESOLVED, that County Administrator, the County Attorney, and such other appropriate County staff are authorized to take such actions and execute such documents as are necessary and proper to fulfill the intent of this Resolution; and BE IT FURTHER RESOLVED, that, to the extent that the Claim seeks recovery beyond that herein approved, the Board accordingly otherwise denies the Claim. ADOPTED this 13 day of June, 2012. Supervisor Spicer asked if the $96,000.00 amount was arrived at and agreed to by the Fire and Rescue employees. County Attorney Williams responded yes. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the resolution as read. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye 10 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION REGARDING CLAIM BY "NORTHERN VIRGINIA POLICE BENEVOLENT ASSOCIATION" - APPROVED Administrator Riley advised the claim before the Board this evening, with reference to the Northern Virginia Police Benevolent Association, is not in proper legal form. Because of this flawed claim, the Board cannot act upon said claim other than to deny it, It is not the desire of the County to take an adversarial role in these proceedings and would therefore strongly encourage the claimants to correct their claim and properly submit it to the Board at its next regularly scheduled meeting in order for the parties to meet and hopefully resolve this matter to the satisfaction of all parties. County Attorney Williams read the following resolution with the addition of the ninth whereas paragraph: WHEREAS, the Board has received, pursuant to the provision of Virginia Code § § 15.2 - 1243 et ,seq., notice (the "Notice ") of a claim, dated April 9, 2012, asserted by the "Northern Virginia Police Benevolent Association ", the Notice purportedly being given on behalf of unnamed deputies of the County's Sheriff; and WHEREAS, the "Northern Virginia Police Benevolent Association" is not an entity organized under Virginia law or authorized under Virginia law to conduct business in Virginia; and WHEREAS, the County has no privity of relationship with the "Northern Virginia Police Benevolent Association ", and WHEREAS, the "Northern Virginia Police Benevolent Association ", in the Notice purports to assert a claim relating to employment matters involving unnamed deputies of the County's Sheriff; and WHEREAS, Virginia Code § 44.1 -57.2, in keeping with the Commonwealth's long- standing, strong, and sound public policy as a Right To Work State, expressly and unequivocally prohibits this County, the Commonwealth, and any and all counties, cities, towns, municipalities, and government officers in Virginia from recognizing any "labor union" or other "employee association" as a bargaining agent of any public officers or employees, or from collectively bargaining or entering into any collective bargaining contract with any such "union" or "association" or its agents with respect to any matter relating to such public officers or employees or their employment or service; and WHEREAS, accordingly, any action by the "Northern Virginia Police Benevolent Association" can be and is of no legal effect with respect to any aspect of the employment or service of any deputies of the County's Sheriff, including to assert a claim on their respective behalves; and WHEREAS, further, the Notice does not identify the deputies on whose behalf the Notice is purportedly given, so as to enable the County to investigate the factual and legal bases of any claim such persons may contend they have; and WHEREAS, further, under the mandate of Article VII, Section 4 of the Constitution of Virginia, the Sheriff is a Constitutional Officer with legal status separate from that of the County and the Board of Supervisors; but WHEREAS, the Board nonetheless further encourages those individuals having claims to submit such claims to the Board so that the Board may act on such claims. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby disallows any claim by the "Northern Virginia Police Benevolent Association ". ADOPTED this 13 day of June, 2012. Supervisor Spicer stated the comments by Mr. McGowan and Mr. Kershner caused him some concern about whether or not to act on the resolution tonight or postpone action. He went on to say the issue is to clearly identify the legal parties, because the Board wants to resolve this issue equitably and fairly with the claimants. He concluded by saying that in light of the comments, he would like to postpone action. Chairman Shickle asked County Attorney Williams if anything that had been said this evening changed his opinion. County Attorney Williams responded he did not think the Board had any authority to act on anything beyond denial of the claim. He concluded by saying he believed the resolution was in proper form. 12 Supervisor Spicer moved to postpone action until the next Board of Supervisors' meeting. The motion died due to the lack of a second. Supervisor DeHaven stated the Board has a firm desire to settle this issue with the employees. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the resolution as read. Supervisor Fisher agreed there was a desire to settle. The above motion was approved by the following recorded vote; Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Nay Gene E. Fisher Aye Gary A. Lofton Aye Supervisor Lofton stated he was seeing and hearing a divide in legal interpretation. He wanted to settle this matter, but must take the side of the county attorney. He concluded by saying he would like to see the claims submitted in proper form. Supervisor Collins thought the matter could be settled. He noted the first sentence in the claim letter stated the claim was being filed on behalf of the Northern Virginia Police Benevolent Association. He went on to say from the materials distributed, it looked like only individuals could join the association, not departments. He concluded by saying he supported the motion, but still urged the parties to settle this matter. 13 Supervisor Spicer stated he heard a common theme among the board's comments and he had a deep hope and confidence these issues could be resolved. He went on to say the Board is mindful of the objections under the law and would adhere. Upon a motion by Supervisor Spicer, seconded by Supervisor DeHaven, the Board expressed a deep hope and confidence this matter could be settled. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS HUMAN RESOURCES COMMITTEE - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, June 1, 2012, at 8:00 a.m. Committee members present were: Ross Spicer, Dorrie Green, and Phil Farley. Committee members absent were: Bill Ewing, Chris Collins, and Sharon Gromling. Also present were: County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, Planning Director Eric Lawrence, Finance Director Cheryl Shiffler, County Attorney Rod Williams, Commissioner of the Revenue Ellen Murphy, Sheriff's Captain John Heflin, NRADC Superintendent Bruce Conover, and Sarah Greenhalgh, The Winchester Star. The following items were discussed: ** *Items Requiring Action * ** 1. Recommendation to Approve Policy Change. The Committee recommended approval to proposed policy change that will eliminate retiree healthcare for new employees hired on or after July 1, 2012. Mr. Philip Farley made the motion and Supervisor Spicer seconded it. (Attachment 1) Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the elimination of retiree healthcare for new employees hired after July 1, 2012. This proposal would not affect current employee benefits. 14 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Approval of the Employee of the Month Award The Committee recommends approval to award Diane Lockhart the Employee of the Month for June 2012. (Attachment 2) ** *Items Not Requiring Action * ** 1. Committee was provided updated salary scales for information only. Due to legislation changes from the 2012 General Assembly regarding employee contributions and mandated salary adjustments, the HR Director provided updated salary ranges. (Attachment 3) There being no further business, the meeting was adjourned. The next meeting will be held on Friday, July 6, 2012 at 8;00 a.m. DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE .. APPROVED The Development Impact Model — Oversight Committee (DIM -OC) met on Tuesday, June 5 2012 at 8:00 AM. Members Present J.P. Carr Dr. John Lamanna Gary Lofton Brian Madagan H. Paige Manuel Stephen Pettler Ross Spicer Roger Thomas Kris Tierney Members Absent Al Orndorff, Patrick Barber, and Eric Lawrence were present. ** *Item Requiring Action * ** 15 The DIM -OC reviewed the critical inputs for the Annual Update of the Development Impact Model (DIM). The inputs are essential in order to maintain an updated DIM. It is important to note that the DIM is a planning tool which projects anticipated operational and capital facility costs associated with land use planning, although the DIM is also commonly referenced as the model utilized to project the capital facility costs associated with development and rezoning proposals. Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of land use planning analysis and for future rezoning petitions. The critical input spreadsheet (Attachment 41) and resulting projected capital facilities costs (Attachment 92) are attached for your information. Upon utilizing the critical input updated figures, the DIM projects the following impacts on the County's capital facilities: Single Family Dwelling Unit Town Home Dwelling Unit Apartment Dwelling Unit By majority vote, the DIM OC recommends the use of the critical inputs, and for their incorporation into the model. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the use of the new critical inputs and their incorporation into the Development Impact 151 - 01MI The above motion was approved by the following recorded vote: Richard C. Shickle NEW FY2012 FY2013 $17,134 $18,507 $12,135 $12,354 $ 8,633 $ 9,983 By majority vote, the DIM OC recommends the use of the critical inputs, and for their incorporation into the model. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the use of the new critical inputs and their incorporation into the Development Impact 151 - 01MI The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Informational Purposes Only * ** School Value Policy clarification: Utilize adopted CIP figures, or project bids /contract awards that are less than six months old. 16 • Background: The DIM utilizes capital facility costs that were part of the most recently adopted. County Capital Improvements Plan (CIP). The discussion noted that sometimes these costs may not be the most accurate, since initial efforts in generating the CIP cost estimates begin in the summer, yet are not adopted into the CIP until the following spring (potential nine month old data). The DIM -OC agreed that if more recent cost information, such as a project bid /contract award that is less than six months old is available, it would be appropriate to utilize this more accurate cost information in the DIM. Utilizing the average costs from the three lowest bids for FY 13 on a project plus CPI is the preferred method of the DIM -OC to address school values. Unfortunately, the bid figures are unavailable at this time due to the fact the projects' bids are three years old and not maintained. In terms of school costs, construction contract awards (values) documented with the Virginia Department of Education were utilized as guidance in determining appropriate school construction costs for Frederick County. PUBLIC HEARING OUTDOOR FESTIVAL PERMIT REQUEST OF JOSHUA NELSON_ "APPALACHIAN MOUNTAIN JAM." PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON_FRIDAY, AUGUST 17 2012 FROM 12:00 NOON THRU 12:00 NOON SUNDAY, AUGUST 19, 2012, ON THE GROUNDS OF THE COVE CAMPGROUND, 980 COVE ROAD, GORE, VIRGINIA, PROPERTY OWNED BY ALEXANDER W. K. MCDOWELL AND MCDOWELL FAMILY, LLC. - APPROVED Administrator Riley advised this was an application for an outdoor festival permit for "Appalachian Mountain Jam ". The event will be held Friday, August 17, 2012 through Sunday, August 19, 2012 from 12:00 p.m. to 12:00 p.m. on the grounds of The Cove Campground, 980 Cove Road. Joshua Nelson, applicant, appeared before the Board on behalf of this event. He enjoyed music and wanted to make this festival a nice environment. He concluded by saying he was trying to do something positive with music. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. 17 Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the outdoor festival permit for "Appalachian Mountain Jam ". The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E, Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PROPOSED AMENDMENT TO THE 2012 -2013 FISCAL YEAR BUDGET — PURSUAN T TO SECTION 15.2 -2507 OF THE CODE OF VIRGINL4 1950 AS AMENDED THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2012 -2013 BUDGET TO REFLECT: SCHOOL CONSOLIDATED SERVICES FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,700,000. THIS AMOUNT IS THE ESTIMATED DOLLAR VOLUME OF SERVICES PROVIDED BY THE FREDERICK COUNTY PUBLIC SCHOOLS TRANSPORTATION FACILITY FOR THE PROVISION OF VEHICLE MAINTENANCE SERVICES FOR THE SCHOOL DIVISION'S FLEET. NO LOCAL FUNDS ARE REQUIRED AS FUND REVENUES ARE GENERATED FROM BILLING OF SERVICES. - APPROVED Administrator Riley advised this was a proposed amendment to the Fiscal Year 2012- 2013 budget to reflect a School Consolidated Services Fund supplemental appropriation in the amount of $2,700,000. This amount reflects the estimated dollar volume of services provided by the Frederick County Public Schools Transportation Facility for the provision of vehicle maintenance services for the school division's fleet. 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 budget amendment. 18 WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on June 13, 2012, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2012 -2013 Budget be Amended to Reflect: School Consolidated Services Fund Supplemental Appropriation in the Amount of $2,700,000 This Amount is the Estimated Dollar Volume of Services Provided by the Frederick County Public Schools Transportation Facility for the Provision of Vehicle Maintenance Services for the School Division's Fleet, No Local Funds are Required as Fund Revenues are Generated From Billing of Services. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 90, FIRE PREVENTION. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO MAKE THE EXISTING COUNTY CODE CHAPTER CONSISTENT WITH THE STATE CODE. - APPROVED Administrator Riley advised this was an amendment to Frederick County Code, Chapter 90, Fire Code. The purpose of this proposed amendment is to make the existing county code chapter consistent with the State Code. He concluded by noting the existing County Code is outdated and needs to be amended. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board approved the ordinance to amend Frederick County Code, Chapter 90, Fire Prevention. 19 The Board of Supervisors of Frederick County, Virginia hereby ordains that Chapter 90 (Fire Prevention) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Chapter 90 (Fire Prevention and Protection), to read, in its entirety in place of the current Chapter 90 of the Code of Frederick County, Virginia, as follows and to take effect immediately (deletions are shown in bald strikethMug and additions are shown in bold underline CHAPTER 90 FIRE PREVENTION AND PROTECTION ARTICLE I General Standards § 90 -1. Purpose Adoption of Section 27 -94 et seg. (Statewide Fire Prevention Code) of the Code of Virginia A. The purpose of this article- Chapter is to consolidate into one document the necessary requirements for the prevention or the minimizing of the loss of lives and property that may result from fire in Frederick County. B. The Virginia Statewide Fire Prevention Code (VSFPC), as set forth in Section 27 -94 et seq. of the Code of Virginia (1950, as amended), and as may be subsequently amended, shall be enforced in the County. Except as specifically modified by this Chapter, all the provisions and requirements of the Statewide Fire Prevention Code are hereby adopted mutatis mutandis, and made part of this Chapter as if fully set forth and shall be known as the Frederick County Fire Prevention Code. No person within the County shall violate or fall, neglect or refuse to comply with any provisio of the Frederick County Fire Prevention Code and in no event shall the anal imposed for the violation of an provision or .,..,,._ re uirement adopted herein exceed the enal imposed for a similar offense under such Section 27 -94 et seq. of the Code of Virginia (1950, as amended), and as may be subsequently amended. § 90 -2. Administration enforcement and appointment of Fire Marshal; interpretation; applicability appeals A. There is hereby established in and for the County the position of Fire t of t c fo Marshal, who shall be responsible for the enforcement _ _ responsible _ , Chapter, and the Board of Supervisors authorizes the appointment of such Fire Marshal as designated by the Department Chief of the Frederick County De artment of Fire and Rescue. The investigation into the origin and cause of every fire and explosion occurring within the limits for which he/she is appointed, investigation and prosecution of all offenses involving hazardous materials. fires fire bombings, bombings, attempts or threats to commit such offenses�_false alarms relating to such offenses, possession and manufacture of explosive devices subst ances, and d f ire bombs and environmental crimes shall be the responsibilitV of the Fire Marshal his /her 20 designated re resentative the Assistant Fire Marshal and legal counsel. B. The Cede requirements in this article Cher shall be administered and enforced by the Frederick County Fire Marshal or his designated representative as referred to as the Authority Having Jurisdiction C. Sub "ect to the provisions of Subsection E tThe Dire Fire Marshal or his designated representative shall interpret this section, where necessary, and that interpretation shall be binding and final. D. This article Chapter shall apply to all and other nonresidential developments as deter-mined neGessary by the Dir-eGtor of Planning and Development OF his designated matters affecting or relating to structures processes and premises as set forth in Sections 101 and 102 of the except that this Chapter shall _ not apply within the boundaries of any incorporated town in the County, E. Appeals concerning the administration enforcement inter retation and/or application of this Chapter by the Fire Marshal or his/her designated representative shall first lie to the Coun!y Board of Building Code Appeals ode created under Section 52 -8 of this C and then to the State Building Code Technical Review Board. Appeals hereunder to the Coun!y Board of Building Code Appeals shall be subject to the payment of the same fees as apply to appeals of matters involving the Virginia Uniform Statewide Building Code. Appeals from the application of the VSFPC b the State Fire Marshal shall be made direct! y to the State Building Code Technical Review Board as provided in Sections 36 -108 et se g. of the Code of Virginia 1950 as amended and as may be subsMuently amended. 90 -3. Definitions and word usage. A. Definitions of w Words defined in this Article are intended for use only with sections of this Aarticle. Definitions set forth in any document referenced by this Article are intended for use only with that document only. Words not specifically defined in this Article or other referenced documents shall be interpreted as being the ordinary usage of the word as set forth in the most recent edition of Webster's Third New International Dictionary of the English Language, Unabridged, as published by Springfield, MassaGhusetts, i B. As used in this Aarticle, the following terms shall have the meanings indicated: APPROVED — Acceptable to the Frederick County Director of Planning and Deyel^^m ^ ^} Fire Marshal or his designated representative. 21 ASSISTANT FIRE MARSHAL — A sworn law enforcement officer to serve as the Fire Marshal's designated representative. AUTOMATIC FIRE - EXTINGUISHING SYSTEM — Any system which is designed and installed to detect a fire and subsequently discharge an extinguishing agent without human activation or direction. CURB CUT — Reduced curb height to facilitate vehicle passage over or across a curb. A "curb cut" can be an abrupt reduction or may be a tapering reduction for the length of the curb on each side of the means of access. DWELLING —A single unit providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EXISTING CONDITION —Any situation, circumstance or physical makeup of any structure, premise or process which was ongoing or in effect prior to the original adoption of this Article. FIRE DEPARTMENT — The Frederick County Fire and Rescue Department the local volunteer fire company that is the first due company having- pnniafy jurisdiction-in an area and any fire company that actually responds to a call for service at a particular location _ FIRE DOOR — A tested, listed or approved door and door assembly constructed and installed for the purpose of preventing the spread of fire through openings in walls, partitions or other horizontal or vertical construction. FIRE HYDRANT — A valved connection on a piped water supply system, having one or more outlets and which is used to supply hose and Fire Department pumpers with water. FIRE LANE — The road or other passageway developed to allow the passage of fire apparatus. FIRE MARSHAL i - sworn_ law enforcement „ofiF,i,c „'al responsible for .__.., investigating the causes of fires and explosions enforcing fire prevention laws set forth in the VSFPC, life safety inspections, the review of fire - protection system plans, and fire education to the public. FIRE OFFICIAL — The same as "Fire ,Mars, h” and any of his/her designated , al, , representatives. FIRE PROTECTION SYSTEM — Any fire alarm device or system or fire - extinguishing device or system or their combination which is designed and 22 installed for detecting, controlling or extinguishing a fire or otherwise alerting occupants or the Fire Department, or both, that a fire has occurred. GRADE — The reference plane representing the average elevation of the finished ground level adjoining the building at all exterior walls. MEANS OF ACCESS — The method or arrangement by which entry or approach is made to a building area by Fire Department apparatus and personnel. PRIVATE DRIVE — The same as a "private street." PRIVATE DWELLING —The same as a "dwelling." PRIVATE ROAD — The same as a "private street." PRIVATE STREET — Any accessway normally intended for vehicular use in the movement between points within a building site area or between a building site and a street. ROADWAY — Any street, private street or fire lane. STANDPIPE — A pipe and attendant hose valves and hose (if provided) used for conveying water to various parts of a building for fire - fighting purposes. STORY — That portion of a building included between the upper surface of the floor and the upper surface of the floor or roof next above. STREET — A public thoroughfare (street, avenue or boulevard) which has been dedicated for vehicular use by the public and can be used for access by Fire Department vehicles. STRUCTURE — Any building, monument or other object that is constructed with the ground as its foundation or normal resting place. SUPERVISED AUTOMATIC FIRE- EXTINGUISHING SYSTEM --Any automatic fire - extinguishing system which is constantly monitored so as to determine its operating condition at all times. § 94 -4. General requirements. The following requirements shall apply to all construction or land development activities in areas of the county to which this Article applies served by publir. OF private wa A. Means of access for Fire Department apparatus. 23 (1) The means of access for Fire Department apparatus and personnel shall consist of fire lanes, private streets, streets, parking lot lanes or a combination thereof. (2) Parking in any means of access shall not be permitted within 20-15 feet of a fire hydrant, sprinkler or standpipe connection or in any other manner which will obstruct or interfere with the Fire Department's use of the hydrant or connection. (3) "No parking" signs or another designation indicating that parking is prohibited shall be provided at all normal and emergency access points to structures and within 15 feet of each fire hydrant, sprinkler or standpipe connection. B. Fire lanes. (1) T he Fire Marshal or his/her designated representative Chief Buildi „ A#iGiall, in concert with the local volunteer fire company, may designate both public and private fire lanes as required for the efficient and effective use of fire apparatus. Said fire lanes shall be marked in a manner prescribed by the Fire Marshal or his/her designated representative Chief Building Offirial Parking in a designated fire lane shall be controlled by Chapter 158, Vehicles and Traffic, of the Frederick County Code. (2) Fire lanes shall be at least 20 feet in width, with the road edge closest to the structure at least 10 feet from the structure, be constructed of a hard all - weather surface adequately designed to support any fire apparatus likely to be operated in such fire lane or be of subsurface construction designed to support the same loads as the above surfaces and be covered with no more than three inches of soil or sod, or both and be designed with radii of sufficient length to allow for safe turning by any fire apparatus likely to be operated on such fire lane. (3) Fire lanes connecting to public streets, roadways or private streets shall be provided with curb cuts extending at least two feet beyond each edge of the fire lane. (4) Chains or other barriers may be provided at the entrance to fire lanes or private streets, provided that they are installed according to the requirements of the F '"^ Depar Authority hHaving }Jurisdiction. C. Parking lot lanes. Parking lot lanes shall have a minimum of 15 feet clear width between rows of parked vehicles for vehicular access and movement. D. Location of structures. (1) At least three perimeter walls of all industrial, commercial, public or semipublic or residential structures with three or more dwelling units per 24 structure shall be within 200 feet of an apprev - street, fire lane, or private street. (2) Structures exceeding 30 feet in height shall not be set back more than 50 feet from a street, fire lane or private street. (3) When any combination of private fire protection facilities, including but not limited to fire - resistive roofs, fire separation walls, space separation and automatic fire - extinguishing systems, is provided,, and approved by the Fire Marshal or his/her designated representative as an acceptable alternative, Subsection D(2) shall not apply. (4) The DiroGtor of Planning and Developm Fire Marshal or his/her designated representative may, in concert with the local volunteer fire company, nW require at least two means of access for fire apparatus to all commercial and industrial structures. Those accessways shall meet the requirements of Subsection. B(3). (5) Landscaping or other obstructions shall not be placed around structures or hydrants in a manner so as to impair or impede accessibility for fire - fighting and rescue operations. E. Water supply. (1) Water supply systems shall be designed so as to be capable of supplying at least 1,000 gallons per minute at 20 pounds per square inch. Water supplies shall be made available and operational before combustibles are on site during construction. (2) In areas developed with single - family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be at least two hydrants within 300 feet of all units. In areas developed with industrial or commercial development(s), there shall be a hydrant within 300 feet of all portions of any structure. Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the operation of the standpipe system shall not be farther than 50 feet from the standpipe. Distance measurements under this section shall be along center -line roadway surfaces or along surfaces meeting the requirements of a fire lane (designated or undesignated) where appropriate, but in all cases access to each hydrant shall be directly from a roadway and /or fire lane. (3) Fire hydrants shall be marked in accordance with the Frederick County Sanitation Authority policy. 25 (4) Fire hydrants located in parking areas shall be protected by barriers that will prevent physical damage from vehicles. (5) Fire hydrants shall be located within three feet of the curbline of fire lanes, streets or private streets when installed along such accessways. (6) Fire hydrants shall be installed in accordance with the standards of the Frederick County Sanitation Authority. (7) Threads on fire hydrant outlets shall conform to Frederick County Sanitation Authority policy. (8) Fire hydrants shall be supplied by not less than a six -inch diameter main. F. Fire protection during construction. Trash, debris and other combustible material shall be removed from the construction site as often as necessary to maintain a firesafe construction site. G. Plans. Complete as -built building floor plans, site plans and plans of fire suppression systems shall be submitted to the Chief Building Official for the use of the and Fire Marshal or their respective designated representatives leGal prior to issuance of the final certificate of occupancy. § 90 -5. Violations and penalties. Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. ARTICLE II Commercial Burning § 90 -6. Purpose. The purpose of this Article is to provide for the establishment and requirements of commercial burning permits in Frederick County. § 90 -7. Administration; revocation of permits. The Code requirements in this Article shall be administered by the FM eFiGk County Emergency Services Department Fire Marshal or his designated representative The Frederick County-Fire Marshal or his designated representative shall have the authority to revoke commercial burning permits on demand should permit contingencies change. § 90 -8. Definitions. As used in this Article, the following terms shall have the meanings indicated: 26 AGRICULTURAL BURNING — Any of the following open agricultural burning practices which destroy undesirable vegetation, clear orchards and orchard prunings, destroy fertilizer and chemical containers and denatured seed and grain which may no longer be suitable for agricultural purposes, prevent loss from frost or freeze damage and/or create or destroy a favorable food and cover habitat for certain species of wildlife. COMMERCIAL BURNING — Burning of materials from building demolitIGIV, materials from clearing woodland or any quantity of material that would burn beyond the burning hours set forth in Chapter 45, Air Pollution and Open Burning. PRESCRIBED BURNING — Any of the fellowimnWforest management practices which reduce forest fuels and minimize the effect of wild fires, control undesirable growth of hardwoods, control disease in pine seedlings, prepare forest land for planting or seeding, create a favorable food and cover habitat for certain species of wildlife and /or remove dead vegetation for the maintenance of a railroad, highway and public utility right -of -way. § 90 -9. General requirements. The following requirements shall apply to the issuance and conditions for issuance for any commercial burning in Frederick County: A. Application. Applications for commercial burning permits must be made to the Emergency SeFAGes De County Fire Marshal or a e his designated r resentative 10 working days prior to the request da te �_ _p a burn date and shall include provisions for an alternate burn date in case of inclement weather. B. State and federal law. All state and federal laws pertaining to open burning shall also be complied with. C. Property owner's responsibility. It shall be the responsibility of the property owner upon whose land commercial burning is proposed to apply for commercial burning permits, and such permits shall only be issued to said property owner. D. Loss of control responsibility. The permit recipient shall be responsible for any and all damages and fire suppression costs associated with the loss of control of any fire. E. Equipment required on -site. A bulldozer or similar track equipment in operational condition and an operator shall be present at all times when commercial burning operations are underway. F. Surrounding area. The area surrounding the burn area shall be clear and clean of all combustible materials, pursuant to Department of Forestry regulations. 27 G. Contingencies. Wind, humidity, time of year, weather, water availability and size of the proposed burn areas shall all be evaluated by the Depa •+., a " EmeFgenr.y Serv Frederick County Fire Marshal or his designated representative prior to permit issuance. Observations or complaints of health or traffic hazards associated with smoke may be cause for commercial burning permit revocation. H. Burn areas. No burning areas larger than 20,000 square feet and higher than 20 feet shall be permitted. I. Fees. Fees shall be established by separate schedule adopted by the Board: of Supervisors and amended from time to time as appropriate. J. Exemptions. Prescribed burning and agricultural burning as herein defined are hereby exempted from the provisions of this section. All state and federal laws pertaining to prescribed and/or agricultural burning remain in effect. § 90 -10. Violations and penalties. Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. ARTICLE III Service in Fire Department § 90 -11. Authorization for youth to serve, parental or guardian approval. Pursuant to the provisions of § 40.1 -79.1 of the Code of Virginia, 1950, as amended, and as may be subsequently amended, that any person 16 or 17 years of age, with parental or guardian approval be, and hereby is, authorized to work with or participate fully in all activities of a volunteer fire company, provided that such person has attained certification under National Fire Protection Association 1001, Level 1, Firefighter standards, as administered by the Department of Fire Programs. ARTICLE 1V Hazardous Materials 90 -12. Release of hazardous materials hazardous waste or regulated substances_ _ Hazardous materials, hazardous waste, orregulated substances, as . defined by " v g ity state law, shall not in uant; be released drain, ditch, ,,,,, into a sewer, storm a canal creek stream lake or any other body of water, or on the ground sidewalk street highway or into the atmosphere. All state and federal laws p ertaininq to hazardous materials hazardous waste or regulated substances shall be complied with regarding. the handling and release of such materials. 90 -13. Rig _ t a . ht of entry to investigate the of hazardous materials, hazardous waste or , regulated substances. 28 The County Fire Marshal or his designated representative shall have the right to enter upon any property from which a release of any hazardous materials, hazardous waste or regulated substance as defined by state law, has occurred or is reasonably suspected to have occurred and which has entered into the round water or soil of Frederick County to investigate the extent and cause of any such release. 90 -14 Responsibility for clean-up. The person(s), corporation(s), or firm(s) responsible for the release of hazardous materials hazardous waste or regulated substances whether it be sudden or g radual, intentional or unintentional shall institute and complete all actions necessary, to remedy the effects of such release at no cost to the jurisdiction. The County Fire Marshall or his designated representative may require records and receipts to verify clean-up and proper dis osal of all released hazardous materials hazardous waste or regulated substances. Costs associated with such clean-up shall be borne by the owner, operator or any other person(s corporation(s), or firm(s) responsible for the release. 90 -15 Violations and penalties. Any person, firm or corporation who shall violate any of the provisions of this article shall upon conviction be punishable by a maximum fine of $2 or b imprisonment for not more than 12 months, or both such fine and imprisonment. Enacted this 13 day of June, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS CONDITIONAL USE PERMIT #02-12 FOR PIPPIN ENTERPRISES, LLC, FOR COMMERCIAL OUTDOOR RECREATION USE FOR THE PURPOSE OF EXPANDING CONDITIONAL USE PERMIT #05 -98, WHICH IS ATTACHED WITH APPLELAND GOLF COURSE. THIS PROPERTY IS LOCATED AT 4506 VALLEY PIKE ROUTE 11) AND IS IDENTIFIED WITH PROPERTY 29 IDENTIFICATION NUMBERS 74-A-74, 74-A-75,75-A-27, AND 75 -A -27A IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit to expand a commercial outdoor recreational use at Appleiand Golf Course. This proposal would allow an expansion of a nine hole golf course to twelve holes. The property is located at 4506 Valley Pike in the Back Creek Magisterial District. The Planning Commission recommended approval of this conditional use permit with the following conditions: 1. All review agency comments shall be complied with at all times. 2. No additional entrances permitted onto Route 11 or Route 649 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site plan. 4. Hours of operation shall be 6:00 a.m. to 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75 dbs (A scale). 8. Approval of CUP #02 -12 will null and void CUP #05 -98. 9. Any expansion of use will require a new CUP. Supervisor Spicer asked about the facility's closing hours now. Mr. Gregory, owner, responded the hours of operation are from 9;00 a.m. to approximately 11:00 p.m., although they sometimes vary. He said they are never open after 11:00 p.m. Chairman Shickle convened the public hearing. There were no public comments. 30 Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved Conditional Use Permit #02 -12. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye DRAFT UPDATE OF THE 2012 -2013 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS — THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS AND THEN WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR CONSIDERATION. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK VIRGINIA IN ACCORDANCE WITH SECTION 33.1 - 70.01 OF THE CODE OF VIRGINIA, WILL CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SECONDARY ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2013 THROUGH 2018 IN FREDERICK COUNTY AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2013. COPIES OF THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE EDINBURG OFFICE OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION LOCATED AT 14031 OLD VALLEY PIKE EDINBURG VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107 NORTH KENT STREET, WINCHESTER, VIRGINIA. ALL PROJECTS IN THE SECONDARY ROAD IMPROVEMENT PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM {STIP), WHICH DOCUMENTS HOW VIRGINIA _ WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS. PERSONS REQUIRING SPECIAL ASSISTANCE TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT "I THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1- 800 - 367 -7623. - APPROVED Deputy Director of Planning - Transportation John Bishop appeared before the Board regarding this item. He advised this was a public hearing to consider the 2012 -2013 Interstate, Primary, and Secondary Road Improvement Plans. He noted the plans have not changed much with the exception of the addition of Hunting Ridge Road to the unscheduled list for hard surface projects in the Secondary Plan. He went on to say there were no changes to the Interstate or Primary Plans. The plans were reviewed by the Planning Commission and Transportation Committee and have been recommended for approval. Chairman Shickle convened the public bearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the 2012 -2013 Secondary, Primary, and Interstate Road Improvement Plans. 17.YI]1111T�1�I 2012 -2013 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 12, 2012; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 16, 2012; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said 32 hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2012 -2013 Secondary Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2012 -2013 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2012 -2013 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 13, 2012. This resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION 2012 -2013 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1-23,4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 23, 2012; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 16, 2012; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's 33 policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2012 -2013 Interstate Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2012 -2013 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2012 -2013 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 13, 2012. This resolution was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr. Ross P. Spicer Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye RESOLUTION 2012 -2013 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 23, 2012; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 16, 2012; and 34 WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List, and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2012 -2013 Primary Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2012 -2013 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2012 -2013 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 13, 2012. This resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye SENSENYIEASTERN FREDERICK URBAN AREAS LAND USE PLAN — THIS IS A PUBLIC HEARING ON THE SENSENYCEASTERN FREDERICK URBAN AREAS PLAN. THE PLAN ENCOMPASSES THE AREA OF THE COUNTY THAT IS GENERALLY EAST OF THE CITY OF WINCHESTER AND INTERSTATE 81 TO THE CLARKE COUNTY LINE AND FROM REDBUD RUN IN THE NORTH TO THE OPEQUON CREEK IN THE SOUTH. THE PLAN CONTAINS FOUR MAPS AND A NARRATIVE TEXT THAT COVERS THE FOLLOWING AREAS: URBAN AREAS AND RESIDENTIAL DEVELOPMENT, BUSINESS DEVELOPMENT, TRANSPORTATION, AND NATURAL RESOURCES, HISTORIC RESOURCES, AND PUBLIC FACILITIES, AND IS AN UPDATE TO APPENDIX 1 OF THE 2030 COMPREHENSIVE PLAN AND THE EASTERN FREDERICK COUNTY LONG 35 RANGE LAND USE PLAN, A COMPONENT OF THE 2030 COMPREHENSIVE PLAN. THIS PLAN REPRESENTS THE WORK OF A LARGE NUMBER OF CITIZEN VOLUNTEERS WHO HAVE BEEN WORKING OVER THE PAST SEVERAL MONTHS IN COLLABORATION WITH EACH OTHER. - APPROVED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item, He noted this plan was the product of the work of a number of stakeholder groups. The plan aligns with the policies of the 2030 Comprehensive Plan. He advised the plan contains four maps and a narrative text regarding the following areas: - Urban Areas and Residential Development; - Business Development; - Transportation; and - Natural Resources. The plan encompasses the area generally east of the City of Winchester along Senseny Road to the Clarke County line and from Redbud Run Creek in the north to the Opequon Creek in the south. The Planning Commission recommended approval at its May 16, 2012 meeting. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the Senseny /Eastern Frederick Urban Area Plan, with the maps to be corrected regarding the location of a Route 37 ramp, as previously discussed, WHEREAS, The Senseny/Eastern Frederick Urban Area Plan was drafted with the assistance of many interested citizens, business owners, and stakeholders, as part of a broad and successful public outreach effort; and WHEREAS, A resolution to adopt the Senseny /Eastern Frederick Urban Area Plan was considered; and 36 WHEREAS, The Comprehensive Plans and Programs Committee formed four working groups consisting of Urban Areas and Residential Development; Business Development; Transportation; and Natural Resources, Historic Resources and Public Facilities in the fall of 2011 from area residents and /or business owners who met through the month of October and November drafting their parts of the Plan, which was delivered to the Facilitator Group; and WHEREAS, The Facilitator Group compiled the final draft of the Plan through the months of December 2011 and January 2012, endorsing the draft plan on February 1, 2012; and WHEREAS, The Planning Commission and the Board of Supervisors at their February 25, 2012 Retreat expressed a consensus to move the SEFUAP forward; and WHEREAS, The Frederick County Planning Commission held a public hearing and reviewed and discussed the Plan on May 16, 2012; and WHEREAS, The Frederick County Board of Supervisors held a public hearing and reviewed and discussed the Plan on June 13, 2012, and finds that the adoption of the Senseny /Eastern Frederick Urban Areas Plan to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in good planning practice, to adopt the Senseny /Eastern Frederick Urban Area Plan. NOW, THEREFORE, BE IT ORDAINED that the Frederick County Board of Supervisors supports and adopts the Senseny /Eastern Frederick Urban Area Plan as part of the 2030 Comprehensive Plan. Passed this 13 day of June, 2012 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye ORDINANCE AMENDMENT — CHAPTER 165 ZONING, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT, X165- 401.03 CONDITIONAL USES AND ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CON DITIONAL USE PERMITS PART 101 GENERAL PROVISIO , . 16 NS 65- 101.02 DEFINITIONS AND WORD USAGE — REVISIONS TO ALLOW "TREATMENT HOMES" AS A CONDITIONAL USE IN THE RA DISTRICT. - APPROVED 37 Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff received a request to include "Treatment Homes" as a conditional use in the RA (Rural Areas) Zoning District and to revise the definition of "Adult Treatment Homes ". This amendment proposed the following changes: - Revise the definition of "Adult Treatment Horne" to "Treatment Home" and add the provision that it is for all ages, and also include drug treatment. - Add "Treatment Home" as a conditional use in the RA (Rural Areas) District; - Delete the definition of "Drug Treatment Home" because this use is being incorporated into the definition of "Treatment Home ". - Revision to the MS District to include the term "Treatment Home" and delete "Drug Treatment Home ". The Planning Commission recommended approval of proposed amendments. Supervisor DeHaven asked if a boiler plate of potential conditions has been developed. Director Lawrence responded it has not been developed, but there have been discussions. He noted the scale of any treatment home in the Rural Areas would be affected by the size of the health system. Supervisor Spicer asked what type of building would accommodate these treatment homes. Director Lawrence responded the requestor has struggled with the issue of small versus large models. Supervisor Fisher wondered if this was potentially setting up an owner who has committed to a significant investment, Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. 38 Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the ordinance amending The Frederick County Code, Chapter 165, Zoning, Article IV, Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165 - 401.03 Conditional Uses; Article V, Planned Development Districts, Part 504 MS Medical Support District, 165- 504.02 Permitted Uses; Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165 - 101.02 Definitions and Word Usage. WHEREAS, an ordinance to amend Chapter 165, Zoning to to revise the definition of Adult Treatment Home to Treatment Home, add "Treatment Homes" as a conditional use in the RA (Rural Areas) Zoning District and a permitted use in the MS (Medical Support) Zoning District, and delete the definition of "drug treatment home" was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on June 6, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on June 13, 2012; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article IV, Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165 - 401.03 Conditional Uses; Article V, Planned Development Districts, Part 504 MS Medical Support District, 165 - 504.02 Permitted Uses; Article 1, General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165- 101.02 Definitions and Word Usage are amended to revise the definition of Adult Treatment Home to Treatment Home, add "Treatment Homes" as a conditional use in the RA (Rural Areas) Zoning District and a permitted use in the MS (Medical Support) Zoning District, and delete the definition of "drug treatment home ", in the Frederick County Zoning Ordinance. This amendment shall be in effect on the day of adoption. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District §165- 401.03 Conditional uses. 39 The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use, MM. Treatment Home. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 544 — MS Medical Support District §165- 504.02 Permitted uses. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (5) Related residential uses to support hospitals, medical centers, medical offices, clinics and schools of medicine: Allowed Uses Adel Treatment Home (As defined) ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS §165- 101,02 Definitions & word usage. DUL TREATMENT HOME — A residential facility for persons of all ages recovering from alcohol and/or drug addiction abuse where supervision, rehabilitation and counseling are provided to the residents. Passed this 13 day of .Tune, 2012. 40 Supervisor Spicer stated he was sympathetic with the concept, but was concerned about the impact of these uses on nearby properties. He concluded by saying he would be voting against this proposal. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Nay Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS REQUEST FOR PUMP AND HAUL PERMIT FOR JEFF MCDONALD 463A STEPHENSON ROAD - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff received a request for a pump and haul permit for an existing residence at 463A Stephenson Road. Two of the three existing residences have approved pump and haul permits; however, there is no record of this house having an approved pump and haul permit. He concluded by saying the Health Department confirmed there is no other alternative available. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the pump and haul permit for Jeff McDonald, 463A Stephenson Road. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 41 RESOLUTION RE: ECONOMIC DEVELOPMENT ACCESS FUNDING APPLICATION CARMEUSE - APPROVED Supervisor DeHaven advised that he would be abstaining from consideration of this item. Deputy Planning Director - Transportation John Bishop appeared before the Board regarding this item. He advised the County was seeking economic development access funds for the recently announced Carmeuse improvements. The funds would be used to improve the intersections of Brucetown Road and Hopewell Road and Route 11. He advised staff would be applying for the maximum allowed and would also be looking at private or proffer dollars to match the $150,000 needed to get an additional $150,000. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the resolution regarding the Economic Development Access Funding Application for Y, y WHEREAS, Carmcuse has acquired property for the purpose of economic development use located off of Route 11 in the County of Frederick, Virginia, for the purpose of economic development; and WHEREAS, the subject property does not have adequate access commensurate with the expected economic development investment; and WHEREAS, the County of Frederick hereby guarantees that the necessary environmental analysis, mitigation, fee simple right-of-way and utility relocations or adjustments, if necessary, for this project will be provided at no cost to the Economic Development, Airport and Rail Access Fund; and WHEREAS, the County of Frederick acknowledges that no land disturbance activities may occur within the limits of the proposed access project prior to appropriate notification from the Department of Transportation; and WHEREAS, the County of Frederick hereby guarantees that all ineligible project costs and all costs not justified by eligible capital outlay will be provided from sources other than those administered by the Virginia Department of Transportation. 42 NOW, THEREFORE, BE IT RESOLVED THAT: The Frederick County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Economic Development Access Program funding to provide an adequate road to this property; and BE IT FURTHER RESOLVED THAT: The Frederick County Board of Supervisors hereby agrees to provide a surety bond, acceptable to and payable to the Virginia Department of Transportation in the full amount of the Commonwealth Transportation Board's allocation less eligible private capital outlay credit determined by VDOT; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on Route 11 within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request; and BE IT FURTHER RESOLVED THAT: The Frederick County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the Frederick County secondary road system of state highways, ADOPTED this 13` day of June, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — DRAINFIELD REQUIREMENTS FOR LARGE LOTS THAT ARE PART OF A MINOR RURAL SUBDIVISION - SENT FORWARD FOR PUBLIC HEARING Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that staff received a request to include a drainfield exemption for lots (parent tracts) that are 20 acres or more in size and are part of a minor rural subdivision. He noted that currently the Subdivision Ordinance requires that all lots that are being subdivided be provided with a drainfield. This current requirement was put into place when agricultural lots were deleted from the Zoning Ordinance in 2009 as part of the Rural Areas Study. The DRRC endorsed the 43 proposed changes. The Planning Commission agreed with the proposed changes and forwarded them to the Board for review. Chairman Shickle stated this was a tough call. Supervisor DeHaven stated it was wrong to create a parcel someone could not live on. He went on to say this is a "stretch" from where we thought we wanted to be. Chairman Shickle stated it was "probably worth running up the flagpole" because there was enough legitimacy to consider the request, Supervisor Spicer stated he supported sending this amendment forward. Supervisor Fisher had some concerns about the proposal, but thought it should be sent forward. Supervisor Collins agreed. Vice - Chairman Ewing and Supervisors DeHaven and Lofton agreed with sending it forward for public hearing. Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 144, Subdivision of Land, Article V, Design Standards, 144.20 Sewer and Water Service WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 144 Subdivision of Land, concerning inclusion of a drainfield exemption for lots (parent tract) that are 20 acres in size or greater and are part of a minor rural subdivision. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on April 4, 2012; and WHEREAS,. the Planning Commission discussed the draft ordinance on May 16, 2012 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 144 concerning inclusion 44 of a drainf eld exemption for lots (parent tracts) that are 20 acres in size or greatest and are part of a minor rural subdivision. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to Chapter 144, Subdivision of Land, Article V Design Standards, 144.20 Sewer and Water Service. Passed this 13' day of June, 2012 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE RA (RURAL _ AREAS ) DISTRICT — NO ACTION TAKEN Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff received a request to change the setback for accessory structures in the RA (Rural Areas) District. This proposed amendment would allow the construction of one non - habitable accessory structure with the lesser setbacks, prior to the construction of the principal structure. This accessory structure could not contain any residential uses prior to the construction of the primary use and could not exceed 500 square feet in size. The DRRC and Planning Commission agreed with the proposed changes. They were being presented to the Board for review. Supervisor DeHaven stated he was okay with the request. Vice - Chairman Ewing thought the square footage was too small and it should be at least 600 square feet. Supervisor DeHaven stated he had no issues with 500 to 600 square feet. He went on to say he thought there were always opportunities for someone to abuse the requirements. 45 Chairman Shickle stated he could not support the proposal, because consideration had to be given to the adjoining property owners. Supervisor Fisher stated he was not ready to send this proposal forward for public hearing. After some discussion, the Board consensus was this item was not ready for public hearing. Director Lawrence advised that he could take the item back to the committee for further review and changes. The Board took no action on this item. ROAD RESOLUTION — LAMP ESTATES — 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 easement 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. 46 BOARD LIAISON REPORTS There were no Board liaison reports CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Administrator Riley reminded the Board of the June 20, 2012 legislative luncheon to be held at Blue Ridge Shadows Holiday Inn, if any member wanted to attend and espouse the County's legislative agenda. ADJOURN UPON A MOTION BY VICE- CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9;20 P.M.) County of Frederick IYtl IYN/ xIWl uu0.11411J4Pl1GIJINHGINGlH14[xll W IllNIlW IGUy[ IG[ IGGNUU11exuNNNUN1uNINN111GU[I IGGGNIG [NI[IIGNIININLINLxNNUNWUuuW1GG1 WINIIJIIIIUIIIYII[YJ IIIJI WIIYUlIU111NN W II[NHxuxlllll[N114N1GIlfi11 Paula A. Nofsinger Director of Human Resources (540) 665 -5668 FAX: (540) 665 -5669 pnofsing@co.frederick.va.us TO: Board of Supervisors FROM: Lynsey Orndorff, HR Generalist DATE: July, 20] 2 SUBJECT: Employee Recognition Please find attached resolution recognizing Barbara Miller with the NRADC, Division of Court Services for Employee of the Month. Barbara plans to attend the July 25 Board Meeting to accept her award. Thanks 107 North Kent Street Winchester, VA 22601 -5000 Employee of the Month Resolution Barbara S. Miller WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution - %viiieh established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance. and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Barbara S. Miller, who serves as Case Manager with the NRADC, Division of Court Services was nominated for Employee of the Month; and, WHEREAS, Barbara S. Miller is being awarded employee of the month for demonstrating commitment to our agency as well as other Local Probation agencies by providing training and assistance to fellow staff members in the use of their data software and skill - based training course; Ms. Miller also demonstrates the team atmosphere the department strives for with assisting her fellow Case Managers by seeing their clients during their unexpected absence due to court appearances; and, NOW, THEREFORE BE IT RESOLVED, by the n- edeidck County Board of Supervisors this 25 "' day of July, that Barbara S. Miller is hereby recognized as the Frederick County Employee of the Month for July 2012; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Barbara S. Miller for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Barbara S. Miller is hereby entitled to all of the rights and privileges associated with his award. County of Frederick, VA Board Of S1lpervisOIN Richard C. Shickle, Chairman���� 1 144 ?t V O OZ Oa 0� V t 'l� V a � fit+ Oa V C3 � •ti +a `IJ lzt .Q 4.4 `IJ O �1 N • H f- , C3 O m ON .N rl v i County of Frederick a 1 Employee of the Month Nomination Form Outstanding service can be demonstrated in many ways, but it always involves more than just good job performance. An employee can be outstanding for suggesting improvements that result in greater efficiency, improved service, or cost savings; for leadership in departmental activities, for the department's goals or for the goals of the county as a whole. Outstanding service includes job performance that clearly exceeds requirements. The Board of Supervisors must discount generalities not supported by specific examples of activities which support the nomination. Remember, there is noway to know whether specifics are missing by accident or because they do not exist. If you believe an employee has made an outstanding contribution, give specific examples of what they have done. Nominations are not judged on how well you write. however, they are judged on the facts presented, Employee Name: Barbara Miller Department: NRADC /DCS Nominatlon Submitted By: S. Kimberly Chmura Department :NRADC /DCS Nominator's Signature: Reason for Nomination (please be specific, precise, and definite): Date: 03/13/2012 Ms. Miller performs her basic duties as instructed. Additionally she is very conscientious about her paperwork, in reviewing her case files, no errors are found. Documentation is excellent. While dealing with her clients, she utilizes Evidence Based Practices with Effective Communications and Motivational Strategies. , erafl, she does her job well. Moreover, over the course of the last month, she had demonstrated commitment to this ency and other Local Probation Agencies with the following contributions: 1, Updated the intake package that Local Probation utilizes for new referrals which is more professional in appearance and reflects changes that were necessary. 2. Provided training to the Records Clerkfor reinstating closed files. Our data software is PTCC, she is the most knowledgeable staff member with this software. 3. Assisted the current staff members who were attending EBP -ECMI training by providing documents which have been utilized In the past, thus preparing them for this skill -based training. 4. Assisted other agencies who are implementing EBP learning teams by sharing exercises she developed as a Subject Matter Specialist in conjunction with State Probation District 11. 5. She has assisted another Probation Officer by seeing her clients when the PO has been called to Court unexpectedly :)n two separate occasions, This demonstrates the team atmosphere that we as department are striving for. 5. In December, ASAP Director Daniel Ellis observed her with clients in the Luray office and over heard a probationer state that she appreciated Ms. Miller's assistance while on probation and that she plans to continue moving her life in a )ositive direction. Often times, supervisors do not hear the thanks that our staff receive from their probationers. HR Section: Received: Ap r j f L CI z Emailed to HR Committee: a Ll Z02— COUNTY of FREDERICK MILLARD F. HALL, JR. Chief Executive Officer June 15, 2012 Mr. John R. Riley, Jr. County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 Dear John: ADMINISTRATIVE OFFICES 209 West Criser Road Suite 300 Front Royal, VA 22630 (540) 636 -4250 Fax # (540) 636 -7171 T•R.D. 800 -828 -1120 !� www.nwcsb.conn �x n r: I enjoyed our brief conversation yesterday. As you are aware Mr. Frederick Vondy has resigned from Northwestern Community Services Board of Directors. This was due to a potential conflict of interest due to his wife, also an attorney, sitting as the special justice in a civil committee hearing. I doubt seriously that a conflict would arise however both were told even a hint of potential conflict should not occur. Therefore we have a current vacancy from Frederick County. Mr. Jack Alkire a former member representing Frederick County has agreed to fill Mr. Vondy's slot. He may be reached at 313 Frasher Drive Clearbrook, VA 22624. Jack may also be reached at {540) 931 -3349. Jack was an excellent member in prior years and represented Frederick County's interests in an admirable manner. I Jr. Executive MFH, Jr./keb Serving Winchester and Counties of Clarke, Frederick, Page, Shenandoah and Warren Angela Fritts Whitacre PO Box 92 Gore, VA 22637 June 12, 2412 Mr. Hudson: I would like to thank you for considering me for the SAAR board vacancy for Frederick County. While I have included a brief resume, I would life to take the opportunity to explain my interest in your organization. I have recently completed my Master's degree in Organizational Leadership, which is focused on governmental and not- far - profit studies. I plan to continue my education next fall at Shenandoah University in the Doctoral program (same field). My current employment provides me great insight into the government sector, but I wish to utilize the skills I have learned and expand my experience in the non. -for- profit sector. I am well versed in public sector finance, but also have experience in organizational development and strategic planning. While part of my motivation is personal, I also would like be involved with an organization that I respect. I believe that SAAA provides a great service to the communities it serves, I have also been impressed with the effort this organization has made to overcome obstacles. I would love to be a part of the successful future of SAAR. Thank you again for this consideration. S iY cerely, 4 # gela Fritts Whitacre INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS District Supervisor, would like to nominate you to serve on the As a brief personal introduction to the other Board members, please fill out the information requested below for their review prior to filling the appointment. (PIease Print Clearly. Thank You.) Name: Anti (o fi(I � ,n�� �( �����J Home Phone: Address: & bU )L 2.- Office Phone: SUU • 7Z Z - G 3 - 5) ft il'b VCl ZZ -i 3 _ Fax: 6L)Q , LPCP2 °,`7 &39 Employer ), ��' ��'Lfl� Email: CtN6 , su g lidtj Occupation: - D M N ' I YfClS't tytJ" Civic/Community Activities: C141rcb, Ol dre'a tbcol , Rymer Ill o 1 n 4wji J 'L' Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: �_ No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: L/ Explain: Additional Information Or Comments You Would Like To Provide (If you need more space, please use the reverse side or include additional sheets): I lnP P;Je o n- 4e ;e ;1nna l I I . cis Wd I ns - my (fdU(CLfirj7 , (IU (It ��� Applicant's Signature: Date: 12— Nominating Supervisor's (06/09/06) Angela Fritts Whitacre PO Box 92 Gore VA 22637 Home 540- 858 -2828 Office 540- 722 -8359 awhitacre@ Education Masters of Science, Organizational Leadership, Shenandoah University, 2011 Graduate Certificate, Public Management, Shenandoah University, 2008 Certified Governmental Deputy `treasurer, Weldon Cooper Center, University of Virginia, 2006 Bachelor of Business Administration, Accounting and Management concentration, Shenandoah University, 1995 Experience Frederick County Treasurer's Office Deputy Treasurer, 212002 - present Duties include: - Accounts for and tracks public funds, and the billing, maintenance and balancing of the County's tax receivables. - Creates and maintains a website. for Treasurer's Office - Gathers and analyzes data; prepares various daily, monthly, and annual reports. - Represents Treasurer's Office on various committees (currently on Web committee, Vision committee, and Compliance committee) - Oversees preparation and analysis of accounting reports and office financial records; reviews financial reports prior to printing for general distribution; reviews financial statements of enterprise companies prior to distribution; ensures submission of required reports and forms to appropriate state agencies within required timeframes; - Oversees coordination of internal /external office audits; provides independent auditors with various schedules, financial reports, and documentation; responds to questions from auditors and assists with resolution of audit- related issues; - Interprets and applies various accounting guidelines /statements for proper accounting /financial reporting; - Coordinates Memorandum of Understanding agreements with various State agencies -Performs a variety of general accounting /bookkeeping functions, such as preparing journal entries, calculating data, keying data, balancing accounts and general ledger, reconciling spreadsheets /reports and bank statements, researching financial discrepancies, correcting data errors, maintaining financial records, generating reports, or submitting mandatory reports - Monitors state legislation, particularly §58.1, that could have an impact on the office - Creates and maintains office Continuity of Operations plan Green Bay Packaging Accounting Supervisor, 1896 -2002 Yount, Hyde, and Barbour, PC Staff Accounting Intern, 1994 -1995 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: July 19, 2012 RE: Commissioner of Revenue Refund Requests Attached, for the Board's review, are requests to authorize the Treasurer to refund the following entities: 1. Daimler Trust ($2,559.40); 2. Q Card Site 4504 ($4,053.57); 3. Quarles Petroleum, Inc. ($17,351.79). Roderick B. Williams County Attorney Attachments 107 North Kent Street • Winchester, Virginia 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia @co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: June 26, 2012 RE: Refund — Daimler Trust I am in receipt of the Commissioner's request (copy attached) dated June 25, 2012 to authorize the Treasurer to refund Daimler Trust the amount of $2,559.40, for the removal of a leased vehicle for 2011, incorrectly reported and paid to Frederick County. The vehicle is housed at the City portion of Westminster Canterbury. Pursuant to the provisions of Section 55.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1.3981(A), the Board of Supervisors will need to act on the request, as indicated in the Commissioner's memorandum. Roderick B. Williams County Attorney Attachment 107 North Kent Street e Winchester, Virginia 22601 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 email: emurphyAco.frederick.va.us Telephone (540) 665 -5681 Fax (540) 667 -6487 TO: ROD WILLIAMS, COUNTY ATTORNEY FREDERICK COUNTY BOARD OF SUPERVh FROM: ELLEN MURPHY, COMMISSIONER OF THE DATE: JUNE 25, 2012 RE: REFUND TO DAIMLER TRUST A 4 Y7 3 y a 4 h Edi Please authorize the Treasurer to refund $2,559.40 to Daimler Trust. This is for the removal of a leased vehicle for 2011, incorrectly reported and paid to Frederick County. The vehicle is housed at the City portion of Westminster Canterbury. The Commissioner's staff has verified all data and the necessary information on this refund. Everything appears in order. Substantiating documents are located in the Commissioner's office and contain secure data. Total of refund is $2,559.40. Attachment Date: 6/22/12 Cash Register: COUNTY OF FREDERICK Time: 11:50:10 Acct: 0169739 Transactions: Trans. Type: PAY Dept # /Bill #: P22011 00698770001 Half: 2 P/I Date: 6/22/2012 Name: DAIMLER TRUST Bill Date: 11/01/2011 Name2: Due Date: 12/05/2011 ':r: PO BOX 6 85 Status Codes: WESTLAKE TX Zip Cd: 7 - 0685 Year: 2011 Make: MERCEDES B SSN1: _ Model: = Title #: 58487073 Cus #l: Cus #2: Type: 4D SDN Valu 98715 Class: _ 02 Months Taxed: VID #: WDDNG BB4BA 21 PPTRA: Y InDt: 6/10/2011 OutDt: Origins Bill: $2,848.57 Payments: $5,4 7. Setoff Claim - F T- 0r - 0 - 0 - 700 Penalty Paid: $.00 Int Paid: $.00 Last Date: 6/01/2012 Amount Owed: $2,559.40- Other: $.00 Total Owed: $2,559.40- Penalty: $.00 Interest: $.00 Principal Due: 2559.40- Pen Rate 4 Int Fact Penalty Due: Interest Due: Total Amount Due: 2559.40- Aging: Sup #: 01 Promise to Pay Date: OvrDpt: ActC FI =Amt Tender F2 =Next Ticket F3 =Exit F10 =Funct Menu COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia @co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: July 18, 2012 RE: Refund — Q Card Site #504 I am in receipt of the Commissioner's request (copy attached) dated July 10, 2012 to authorize the Treasurer to refund Q Card Site #504 (a division of Quarles Petroleum, Inc., separately filed and paid) the amount of $4,053.57. The refund is the result of an amended classification of business gross receipts for 2009 and 2010 from retail merchant to wholesale merchant, based upon a Virginia Department of Taxation ruling, not involving Frederick County, that the taxpayer provided to us, which ruling appears to involve a substantially similar business activity. The original filing as a retailer has been changed so that the gross receipts are now subject to the wholesale rate, rather than the retail rate, on this division of the company only. This is for sales to commercial, industrial, and governmental vehicles from a specific key operated facility and which is not available to the general public in the regular course of business. The company has been re- billed at the wholesale rate for the years in question. 2011 and 2012 were properly filed. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of Supervisors will need to acct on the request, as indicated in the Commissioner's 77: M. �, oderic c B. Williams _._.._.___..._ County Attorney Attachment 107 North Kent Street • Winchester, Virginia 22601 Frederick County, Virginia Ellen E. Murphy' Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 email: emurphy@co.frederick.va.us Telephone (540) 665 -5681 Fax (540) 667 -6487 AJ n TO: ROD WILLIAMS, COUNTY ATTORNEY FREDERICK COUNTY BOARD OF SUPERVISORS FROM: ELLEN MURPHY, COMMISSIONER OF THE REVENU DATE: JULY 10, 2012 RE: REFUND TO Q CARD SITE 4504 Please authorize the Treasurer to refund $4,053.57 to Q Card Site 4504. (A division of Quarles Petroleum, Inc. separately filed and paid.) This is for an amended classification of business gross receipts for 2009 and 2010 based upon a ruling by the Virginia Department of Taxation from a category of license at retail merchant to a category of wholesale merchant for a division of this company. The original filing as a retailer has been changed so that the gross receipts are now subject at the wholesale rate rather than the retail rate — on this division of the company only. This is for sales from a specific key operated facility to commercial, industrial, and governmental vehicles and is not available to the general public in the regular course of business. The Commissioner's staff has all data and the necessary information on this refund. Everything appears in order. Substantiating documents are located in the Commissioner's office and contain secure data. The company has been rebilled at the wholesale rate for the years in question. 2011 and 2012 were properly filed. Total refund is $4,053.57. Attachment v lr ro a a w ° M h h « LO W ° C � « xt xt U U 7w 2 H H E I LO 11 1 I a �z o u P4 N m l WEI w� U Ha HA r vl - cn o m cn \ RW Im o PO N �a L��I z ' H {J N �4 H as as mtt ,a w rn a d I m n l Q r ry I m n fk O M I w rl ! m m o i ca 0 us m I v3 p n +� L3 SX rt I ! to to r r <N dI C W .0 I N N a [J I - N H N ri 3J � `Zi J.1 t � I � j N if1• I I 1 ry Ill Q1 � ¢1 N N Ca N [y Ll E , I C D r ° o N 0 N ° o 0 y U f6 I N O N O S-I m m m m O 00 ri 00 1-1 0 w N �� ro �� rd O H r ry 0 h E� . a 0 O iq Po 0 \ O m a g O q'k 1 O N ry in 0 \ iJ I N N 1p l6 l-a h Q 3 1 O O O O S 1 O O o ° m m U I N k v •.i I fF ul Ln dI W iR q p CEO d p 00 p: U p W +s C \ j HI COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: July 18, 2012 RE: Refund — Quarles Petroleum, Inc. I am in receipt of the Commissioner's request (copy attached) dated July 10, 2012 to authorize the Treasurer to refund Quarles Petroleum, Inc. the amount of $17,351.79. The refund is the result of an amended classification of business gross receipts for 2009 and 2010 from retail merchant to wholesale merchant, based upon a Virginia Department of Taxation ruling, not involving Frederick County, that the taxpayer provided to us, which ruling appears to involve a substantially similar business activity. The original filing as a retailer has been changed so that the gross receipts are now subject to the wholesale rate, rather than the retail rate, on this division of the company only. This is for sales to commercial, industrial, and governmental vehicles from a specific key operated facility and which is not available to the general public in the regular course of business. The company has been re- billed at the wholesale rate for the years in question. 2011 and 2012 were properly filed. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of Supervisors will need to act on the request, as indicated in the Commissioner's m dum. � County Attorney Attachment 107 North Kent Street • Winchester, Virginia 22601 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 email: emurphy(Qco.frederick.va.us Telephone (540) 665 -5681 Fax (540) 667 -6487 TO: ROD WILLIAMS, COUNTY ATTORNEY FREDERICK COUNTY BOARD OF SUPERVISORS FROM: ELLEN MURPHY, COMMISSIONER OF THE REVENUE DATE: JULY 10, 2012 RE: REFUND TO QUARLES PETROLEUM INC (Site 4507) € gym Please authorize the Treasurer to refund $17,351.79 to Quarles Petroleum, Inc. This is for an amended classification of business gross receipts for 2009 and 2010 based upon a ruling by the Virginia Department of Taxation from a category of license at retail to license as a wholesale merchant on a separate division of this company. The original filing as a retailer has been changed so that the gross receipts are now subject at the wholesale rate rather than the retail rate -- on this division of the company only. This is for sales from a specific key operated facility to commercial, industrial, and governmental vehicles and is not available to the general public in the regular course of business. The Commissioner's staff has all data and the necessary information on this refund. Everything appears in order. Substantiating documents are located in the Commissioner's office and contain secure data. The company has been rebilled at the wholesale rate for the period in question. 2011 and 2012 were properly filed. Total refund is $17,351.79. Attachment v a } 0 In n n � o 0 F � � 4 U U z z , H g H H 1 cl W v l o W m w o w E. N v to ww n to vt n Di m w W gg C4 U N U S-r H 00 O' ol . m a s.l W •TI W � h m Ill O ri ri l0 w N W R N 3 W vl 1 e} i' N i tll M M p; p tP 1 w H i m w o 1 w ul Ln it n H �4 r 1�0 l m 1 h o o W [ I N N JJ "Zi {/F 41 In f6 Q N 1 1 ii- 1 1 I 1 . [F aJ 4; F; N Nl N N A E N r H H rl ri G". U o N d d Sa rd U (d -1 N N O N N O (4 - R I \\ W \\ W 1v f/ T OZ Ol Ol 0 0 0 .H O o .--I 14 ,a h f h f'� 1. 44 1 o O O 1 N H F i 0 \ b O tl ) L [� N N ill O \ J I N N w l0 jr - n i o o o a 1 U 1 00 ml+l .-] 1 111 l!1 W dr - W R P q a s a d o 0 a 31 0 w a, 0 .xl ; rn rn d o p - Rr 1 o a cla U N R r N N N N d Fp RJ pk W 61 N a \ to COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678 -0682 MEMORANDUM TO: Board of Supervisors #a FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works im SUBJECT: Carry Forward Request Fiscal Year Budget 2011/2012 to Fiscal Year Budget 2012/2013 DATE: July 13, 2012 Because of the recent cancellation of the July finance committee meeting, I am requesting that the carry forwards for Shawneeland in the total amount of $289,164 (which are included in the public works committee report) be included on the board's July meeting agenda as an action item. These two (2) items include paving and the new mailbox house and are time sensitive because of an ongoing bidding process as well as a limited window of opportunity for initiating and completing construction of the latter project. HES /rls Attachments: as stated cc: file T:\RHONDA\BUDGET \CARRYFORW ARDS\BOSCARRYFORW ARD- SUPAPPROPFYI3.DOCX COUNTY of FREDERICK Sanitary District of Shawneeland Kevin Alderman District Manager Office: 5401877 1035 Fax: 5401877 1361 MEMORANDUM TO- Harvey E. Strawsnyder Jr. P.E. Director of Public Works �� FROM. Kevin C. Alderman, District Manager, Shawneeland Sanitary District y c A SUBJECT Carry forward of funds FY2013 DATE. May 9, 2012 I am requesting that the unused funds from line item 16 -8108= 3004 -03- Repair an d Maintenance —Buildings and Grounds in the amount of $13%164.00 be carried over into the FY 2013 budget. The amount of the carry over will make it possible for a major tar & chip project in the fall of 2012. If you have any questions, do not hesitate to contact me. KCA/kgs cc. file 107 North Kent Street 50 Tomahawk Trail Winchester, VA 22601 -5000 Winchester, VA 22602 -1351 COUNTY of FREDERICK Sanitary District of Shawneeland Kevin Alderman, District Manager Office: 5401877 1035 Fax. 5401877 1361 MEMORANDUM TO- FROM. SUBJECT DATE. Harvey E. Strawsnyder Jr P.E., Director of Public Works Kevin C Alderman, District Manager, Shawneeland Sanitary District YC_ Carry forward of funds FY 2012/ -2013 June 5, 2012 I am requesting that the unused funds from line item 16 -8108- 8800- 00- Buildin s in the amount of $150,000.00'be carried over into the FY2012/2013 budget. The carryover will make it possible to replace the existing mail house structure at Rosenberger Lane entrance. If you have any questions, -do not hesitate to contact me. 107 North Kent Street 50 Tomahawk Trail Winchester,.VA 22601 -5000 Winchester, VA 22602 1351 IUIF WINCHESTER FREDERICK COUNTY VIRGINIA EDC DATE: July 18, 2012 TO: John R. Riley, Jr. County Administrator FROM: Patrick Barker, AICP Executive Director RE: Performance Agreement for ON MINERALS (CHEMSTONE) COMPANY D /B /A Carmeuse Lime and STONE Attached for your review and comment are the Performance Agreement and Board of Supervisors resolution for the expansion of ON MINERALS (CHEMSTONE) COMPANY D /B /A Carmeuse Lime and STONE. As you recall, the Board of Supervisors seemed favorable in executive discussion to providing funds from Frederick County Economic Development Incentive Fund to secure this project. ON MINERALS (CHEMSTONE) COMPANY D /B /A Carmeuse Lime and STONE provides lime and limestone products, and Carmeuse Industrial Sands provides a range of industrial sand products for a variety of commercial and industrial applications. This project will occur at their Clearbrook location. With their capital investment, ON MINERALS (CHEMSTONE) COMPANY D /B /A Carmeuse Lime and STONE install machinery and equipment and retain and create jobs. Frederick County, Virginia, successfully competed with Pennsylvania. I would like to request these items be inserted into the Board of Supervisors' next available meeting. All parties' legal counsels (County, IDA and ON MINERALS (CHEMSTONE) COMPANY D /B /A Carmeuse Lime and STONE) have reviewed and approved the performance agreement. Thanks for your help. I am available if you have any questions or comments on the materials for this project. Attachment: • Performance Agreement • BOS Resolution Your Move. Our Commitment. 45 East Boscawen Street • Winchester, VA 22601 ♦ 540- 665 -0973 A Fax 540-722-0601 A wwwwinva.corn Resolution ON MINERALS (CHEMSTONE) COMPANY DB/A Carmeuse Lime and STONE WHEREAS, ON MINERALS (CHEMSTONE) COMPANY DB /A Carmeuse Lime and STONE has made known its intent to expand its operation by making new taxable real estate and machinery and tools investments and retain and create jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester- Frederick County Economic Development Commission in 1995; BE IT RESOLVED, that the Board of Supervisors for the County of ]Frederick, Virginia, does hereby approve and appropriate the payment of $550,000.00 to the Industrial Development Authority of Frederick County, Virginia from the Frederick County Economic Development Incentive Fund to assist in expanding the operation for ON MINERALS (CHEMSTONE) COMPANY D /B /A Carmeuse Lime and STONE in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. Upon motion duly made by , seconded by , and on the votes hereafter recorded, ADOPTED, this 25` day of July 2012. Richard C. Shickle Ross Spicer Charles S. Dehaven, Jr, Gary Lofton Gene Fisher Christopher E. Collins Bill Ewing A COPY TESTE: John R. Riley, Jr. Clerk, Board of Supervisors LOCAL ECONOMIC DEVELOPMENT INCENTIVE GRANT PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT made and entered this 25' day of July 2012 by and among the COUNTY OF FREDERICK, VIRGINIA (the "Locality ") a political subdivision of the Commonwealth of Virginia (the "Commonwealth "), ON MINERALS (CHEMSTONE) COMPANY DB /A CARMEUSE LIME AND STONE (the "Company "), a Delaware corporation, and the INDUSTRIAL DEVELOPMENT AUTHORITY OF FREDERICK COUNTY, VIRGINIA (the "Authority "), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality wishes to make a Local Economic Development Incentive Grant in the amount of $550,000 (the "LEDIG ") through the Authority to the Company for the purpose of inducing the Company to construct the Facility (as hereinafter defined), thereby making a significant Capital Investment (as hereinafter defined) and creating and retaining a significant number of new Jobs (as hereinafter defined); WHEREAS, the Locality, the Authority and the Company desire to set forth their understanding and agreement as to the payout of the LEDIG, the use of the proceeds of the LEDIG, the obligations of the Company regarding Capital Investment and Job creation, and the repayment by the Company of all or part of the LEDIG under certain circumstances; WHEREAS, the construction and operation of the Facility will entail a capital expenditure in real estate and machinery and equipment of approximately $49,207,277 and will create 25 Jobs at the Facility; WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the LEDIG; and WHEREAS, the LEDIG will increase commerce and will benefit the citizens of the Locality: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby covenant and agree as follows. Section 1. Disbursement of LEDIG As an inducement to the Company to achieve the Targets (as hereinafter defined) at the Facility and provided that the Company in not in default under the terms of this Performance Agreement, the LEDIG in the amount of $550,000 will be paid by the Locality to the Company through the Authority in five installments. The first installment of $150,000 will be paid by the Carmeuse Lime and Stone Inc. LEDIG Performance Agreement � July 2012 Page 1 of 7 Locality to the Authority and by the Authority to the Company after July 1, 2014 but no later than December 31, 2014. The second installment of $100,000 will be paid by the Locality to the Authority and thereafter by the Authority to the Company after July 1, 2015 but no later than December 31, 2015. The third installment of $100,000 will be paid by the Locality to the Authority and thereafter by the Authority to the Company after July 1, 2016 but no later than December 31, 2016. The fourth installment of $100,000 will be paid by the Locality to the Authority and thereafter by the Authority to the Company after July 1, 2017 but no later than December 31, 2017. The fifth installment of $50,000 will be paid by the Locality to the Authority and thereafter by the Authority to the Company after July 1, 2018 but no later than December 31, 2018. If the Company exceeds their Capital Investment Target, $50,000 will be paid by the Locality to the Authority and by the Authority to the Company after July 1, 2019 but no later than December 31, 2019.. The Company will use the LEDIG proceeds to upgrade public and private utilities at and around the Facility. Section 2. Targets; Definitions The Company will construct and operate the Facility in the Locality, make a Capital Investment of at least $49,207,277 and create and maintain, as hereinafter defined, at least 25 Jobs at the Facility, all as of the Performance Date, as hereinafter defined. The average annual wage of the Jobs of at least $43,673 is higher than the prevailing average annual wage in the Locality of $38,649. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by the Company in taxable real property, taxable tangible personal property, or both, at the Facility excluding the purchase of land or existing taxable tangible personal property. The Capital Investment must be in addition to the capital improvements at the Company's existing location in Frederick County as of June 1, 2012. The total capital expenditure of $49,207,277 is referred to in this Agreement as the "Capital Investment." "Maintain" means that the current 22 jobs at the Facility as of June 5, 2012 and the New Jobs created pursuant to the LEDIG will continue without interruption from the date of creation through the Performance Date. "Facility" means that certain industrial facility to be constructed by the Company upon the existing property owned and operated by the Company situate in Frederick County, Virginia along 508 Quarry Road as well as all related operating equipment including, without limitation, two vertical lime kilns. "Job" means new permanent full -time employment of an indefinite duration at the Facility for which the standard fringe benefits are paid by the Company for the employee, and for which the Company pays an average annual wage of at least $43,673, including overtime. Each Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least 48 weeks, Cartneuse Lime and Stone Inc. LEDIG Performance Agreement j July 2012 Page 2 of 7 or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin -off jobs shall not qualify as Jobs. Those jobs existing as of June 5, 2012 will not count as Jobs, "Performance Date" means June 1, 2016. If the Locality, in consultation with the Authority, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, the Locality in its sole and absolute discretion may agree to extend the Performance Date by up to 15 months. The Locality shall have no obligation whatsoever to extend the Performance Date. If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority and the Company and the date to which the Performance Date has been extended shall be the "Performance Date" for the purposes of this Agreement. "Targets" means the Company's obligations to make Capital Investments at the Facility of at least $49,207,277 and to create and maintain at least 25 New Jobs at the Facility, all as of the Performance Date. Section 3. Break -Even Point: Local Incentives The Locality has estimated that it will reach its "break -even point" by the Performance Date. The break -even point compares new revenues realized as a result of the Capital Investment and Jobs at the Facility with the Locality's expenditures on incentives. With regard to the Facility, the Locality will provide incentives in the following amounts: Category of Incentive: Total Amount Local Economic Development Incentive Grant $550,000 The proceeds of the LEDIG Grant shall be used for the purposes described in this Performance Agreement. . Section 4. Rea meat Obligation. (a) (i) For purposes of repayment, the LEDIG is to be allocated as 50% ($275,000) for the Company's Capital Investment Target and 50 % ($275,000) for its Jobs Target. If the Company has met at least ninety percent (90 %) of both of the Targets as of the Performance Date, then and thereafter the Company shall no longer be obligated to repay any portion of the LEDIG. (ii) If the Company has not met at least ninety percent (90 %) of both of the Targets, the Company shall repay to the Authority that part of the LEDIG that is proportional to the Target as of the Performance Date or Targets for which there is a shortfall. For example, if on the Performance Date, the Capital Investment is only $24,603,639 and only 12 Jobs have been created, the Company shall repay to the Authority fifty percent (50 %) of the moneys allocated to the Capital Investment Target ($275,000) and fifty percent (50 %) of the moneys allocated to the Jobs Target ($275,000). Whether the Jobs Target has been met will be determined by comparing the anticipated increase in payroll (to -wit: 25 Jobs at an average annual salary of at least $43,673) to Carmcuse Lime and Stone Inc. LEDIG Performance Agreement I July 2012 Page 3 of 7 the actual number of Jobs in effect as of the date of execution of this Performance Agreement and by comparing the actual average annual salary of Jobs reported on at the Performance Date. (b) Determination of Inability to Comply: If the Locality in its sole and absolute discretion shall determine at any time (a "Determination Date ") that the Company is unable or unwilling to meet and maintain its Targets by and through the Performance Date, and if the Locality or the Authority shall have promptly notified the Company of such determination, the Company must repay the entire amount of the LEDIG to the Authority. (c) Repayment Dates: Such repayment shall he due from the Company to the Authority within thirty days of the Performance Date or the Determination Date, whichever shall first occur. (a.) Any LEDIG moneys repaid by the Company to the Authority hereunder shall be repaid by the Authority to the Locality within 30 days after request for payment is made by the Locality or the Authority. The Locality and the Authority shall use their best efforts to recover such funds, including legal action for any breach of this Agreement by the Company. (b.) In the event that the Company fails to comply with the repayment obligations set forth in this Section 4, the Locality and the Authority shall be entitled to recover their reasonable attorney's fees and costs incurred in connection with such default by the Company, whether or not such proceedings are instituted to collect such repayment funds. (c.) The Authority shall not have any responsibility whatsoever for the repayment of any sums hereunder to the Locality unless and until said sums have been received by the Authority from the Company. (d.) In the event that the Company fails or refuses to repay any of the LEDIG moneys as called for in this Section 4, such sums shall be assessed interest at the rate of 8.00% annum until repaid in full by the Company. Section 5. Company Reporting The Company shall timely provide, at the Company's expense, written verification reasonably satisfactory to the Locality and the Authority of the Company's progress in achieving the Targets. Such progress reports will be provided annually, starting at December 1, 2012, and at such other times as the Locality and the Authority may reasonably require. Carmeuse Lime and Stone Inc. LEDIG Performance Agreement I July 2012 Page 4 of Section 6. Notices Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, facsimile, by depositing the same in the United States Mail, properly addressed, postage prepaid, and registered or certified, with return receipt requested, or overnight delivery service. A notice given by personal delivery or facsimile shall be effective upon delivery and a notice given by registered or certified mail shall be deemed effective on the second day after such deposit. Notice given by overnight delivery service shall be deemed effective on the date of actual delivery. Either party may by notice to the other specify a different address for notice purposes. if to the Company, to: 508 Quarry Lane Clear Brook, VA 22624 Attention: Area Operations Manager with a copy to: Carmeuse Lime & Stone 11 Stanwix St — 21 Floor Pittsburgh, PA 15222 Attention: General Counsel if to the Locality, to: County of Frederick, Virginia 107 North Kent St Winchester, VA 22601 Attention: County Administrator if to the Authority, to: Industrial Development Authority of the County of Frederick, Virginia 107 North Kent St Winchester, VA 22601 Attention: Chair Section 7. Miscellaneous with a copy to: County of Frederick, Virginia 107 North Kent St Winchester, VA 22601 Attention: County Attorney with a copy to: Industrial Development Authority of the County of Frederick, Virginia 107 North Kent St Winchester, VA 22601 Attention: General Counsel (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement between the parties hereto as to the LEDIG and any other matters set forth herein and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality and the Authority, which consent may be withheld by the Locality and/or the Authority. Carmeuse Lime and Stone Inc. LEDIG Performance Agreement I July 2012 Page 5 of 7 (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced in accordance with the laws and judicial decisions of the Commonwealth. Jurisdiction shall lie exclusively in the Circuit Court of the County of Frederick, Virginia and any litigation shall be brought only in such court. (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid, or illegal, then the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Time: Time is of the essence as to all matters set forth in this Performance Agreement. Carmeuse Lime and Stone Inc. LEDIG Performance Agreement I July 2012 Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. COUNTY OF FREDERICK, VIRGINIA By Name: Richard C. Shickle Title: Chair, Board of Supervisors of the Cognty of Frederick Vi ry,inia Date: INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA By Name: Richard G. Dick Title: Chair Industrial Develo ment Authority of the County of Frederick, Virginia Date: ON MINERALS (CHEMSTONE) COMPANY By Name: Title: Date: Carmeuse Lime and Stone Inc. LEDIG Performance Agreement I July 2012 Page 7 of 7 COUNTY of FREDERICK Parks and Recreation Department 540- 665 -5678 FAX: 540 -665 -9697 \v\vw.tcprd.nct c -mail: fcprd(a- co,fredcrick.va.Us TO: John R. Riley, Jr., County Administrator FROM: Jason L. Robertson, Director, Parks & Recreation Dept. SUBJECT: Parks and Recreation Commission Action DATE: June 13, 2012 The Parks and Recreation Commission met on June 12„ 2012. Members present were: Charles Sandy, Jr., Ronald Madagan, Kevin Anderson, Gary Longerbeam, P.W. Hillyard, III and Marty Cybulski. Members absent were: Ron Hodgson and Christopher Collins. Items Requiring Board of Supervisors Action 1. None Submitted for Board Information Only 1. Building and Grounds - Tree Planting and Landscape Project - The Buildings and Grounds Committee recommended to allow the Sanders Family to install trees and plants for a landscaping project at Sherando Park adjacent to the softball complex, second by Mr. Sandy, motion carried unanimously (6 -0). 2. Finance Committee - Proffer Request for Trip Van - The Finance Committee recommended the use of $75,000 from the Parks and Recreation proffer account for the purchase of a 20+ passenger shuttle bus for adult trips, second by Mr. Madagan, carried unanimously (6 -0). Copy: Martin Cybulski, Chairman Christopher Collins, Board Liaison 107 North Kent Street Winchester. 'VA 22601 COUNTY OF FREDERICK Information Technologies (540) 665 -5614 MEMORANDUM To: Board of Supervisors From: Walter T. Banks, IT Director Date: July 12, 2012 Subject: Board of Supervisors Information Technology Committee Report The Board of Supervisors Information Technology Committee met on Wednesday, June 6, 2012 at 8:00 am, in the First Floor Conference Room, Board of Supervisors Meeting Room, County Administration Building, 107 N. Kent St., Winchester, Virginia. Present were Gary Lofton, Chairman; Bill Ewing; Charles S. DeHaven, Jr., Walter Banks, IT Director, Brian Madagan, Planning Commission. Others present were: Quaiser Absar, Shenandoah University and Martha Shickle, Northern Shenandoah Valley Regional Commission. The committee submits the following: ** *Items Requiring Board Action * ** 1. None ** *Items NOT Requiring Board Action * ** 1. Old Business: a. Microsoft Office 365 moves documents and email to the virtualized environment for a higher level of management. The subscription software -as -a- service (SaaS) provides built -in virus protection, Spam filtering, email archiving and redundancy /storage of documents. The County currently pays for all of these components separately and annually to support the current email system, MS Exchange 2003. Microsoft's top of the line version of 365, with all features, is $72 per month, per user. An email only version is offered for $8 per month, per user. Other options: Walt reviewed open source cloud email & document SaaS companies, but they did not meet all of the requirements of the County. Google offers a similar cloud service that Walt will review. Walt will report at the next meeting the current per user cost of email and document storage. b. Status of the ruggedized laptops for the Sheriff's Office. At the time of this meeting 25 of the 100 have been delivered and the other 75 are in production, due for delivery by the end of June. Details of an imaging process to expedite the set -up and deployment of the laptops are almost complete. Still to be determined are the mounting system, whether or not the laptops will be on the County's domain and which wireless carrier, Sprint or Verizon, the Sheriff's Office will choose. Wireless connectivity for the Deputies throughout the County is still a concern. Verizon and Sprint have assured Walt that 4G and improved coverage are coming in the 3rd quarter of the year. Some areas may see it sooner and some areas not all. The hand radios will still be used as back -up in those instances until a better solution is in place. c. Virtualization deployment at PSB: Before the cloud can be completed between the 2 sites, PSB needs to be transitioned from a non - domain environment to the County domain. However, there are security concerns that need to be worked out. The virtualized servers are installed and set up based on three priority tiers. The servers on the first tier are snapshot every 15 minutes, the second tier are 2 -4 hour tier for machines that are not as critical, the last tier is snapshot every 24 hrs. The first tier machines have been prepped, but won't be transitioned until after tax season in late July. 2. New Business: a. A Memo of Understanding (MOU) has been established between the County and the Northern Shenandoah Valley Regional Commission. Martha Shickle and her staff at NSVRC have expertise in finding and obtaining grants. In exchange for their assistance with obtaining the Planning Grant from VA DHCD for the Broadband Initiative, IT & GIS staff will provide analysis and technical support of their current hardware and software systems. Any product or software upgrades will come out of NSVRC's budget. b. Development of the new content management system (CMS) for the County website is actively underway. The vendor was recently on site working with Jeremy Coulson, the Webmaster, and the Web Committee on finalizing a wireframe or mockup of the new website's layout. Representatives from each department have contributed what they would like to see on the new site and have been requested to provide fresh content. The new CMS will allow for greater storage of content on the site, including video clips. Project completion is projected for late July. The press and public will be notified so as to provide feedback. c. BOS AV Room Refresh: All of the new equipment is installed and operational. With the improved capabilities of the system broadcasting the County's cable channel, better content and videos will be aired rather than just the static story boards. Footage from around the County will be broadcast and Parks & Rec has asked to run clips of their activities and some training videos. Kris suggested replaying the Service Learning Students presentations as well. d. Broadband planning schedule: The Broadband Management Team will be meeting immediately following this meeting. A public meeting with Internet service providers will be on Monday, June 1 l e. Updating County phone system: Walt is exploring the offerings of different Voice -over- Internet -Phone (VoIP) vendors for replacing the County's 10 year old phone system. NRADC's and PSB's phone systems are 5 -6 years old. The capabilities and features of today's phone systems are vastly different from 5 years ago. Walt wants to vet out all of the features available so the Phone Subcommittee can make an informed recommendation to the Technology Committee and eventually approval for a RFP. A representative from AllWorx, a local VoIP company, gave a presentation recently to the Phone Subcommittee. The VoIP products of Cisco and Shortel will also be examined. Kris commented the current phone system has reached the limits of its life expectancy. There have been a few instances that have served as warnings of what's ahead. This is a proactive move before there's a crisis situation leaving the County offices without phone communications and a non - repairable system. f IT, MIS, GIS staff updates: Benny Tyson and Barb Omps of MIS were recognized by HR for their 40 years of service. They started the original data processing department. Lindsey Felton of GIS has been awarded employee of the month and transferred to the Planning Dept. last month. IT is currently seeking a candidate for this entry level position and hopes to have it filled by July I s '. Filling the Network Supervisor position has been more problematic. HR has found other venues to post the position announcement; now more applications are coming in. 3. The first Wednesday in July is July 4th and there will be no meeting until the first Wednesday in August, August 1 at Sam. 4. There were no questions and the meeting was adjourned. 107 North Kent Street, Winchester, Virginia 22601 -5039 ndunleavgco.frederickva.us or fax 540- 722 -2169 Filename: 44621EOC Directory: C:\Documents and Settings\ndunleav \Local Settings \Temporary Internet Files \Content.MSO Template: C: \Documents and Settings\ndunleav \Application Data\Microsoft \Templates \Normal. dotm Title: Subj ect: Author: Keywords: Comments: Creation Date: Change Number: Last Saved On: Last Saved By: Total Editing Time Last Printed On: Frederick County GIS 7/17/2012 4:59:00 PM 7 7/18/2012 9:37:00 AM ndunleav 1,000 Minutes 7/18/2012 11:04:00 AM As of Last Complete Printing Number of Pages: 3 Number of Words: Number of Characters: 1,119 (approx.) 5,799 (approx.) County of Frederick lllilil [ 51111111111 111111111111 ..14111�1u.11111111. 1111111111. 15111111111515111151115115115551111111111111. I. lalnansx11111111515 .5111111.I.it ulvt1k11[dllill[IIYI[YW31W 1111111151151111... 111111.11 111111111111155155t15111111111111 11111111111 l 111111 III- nY1nWN11I. -,. Paula A. Nofsinger Director of Human Resources (540) 665 -5668 Fax: (540) 665 -5669 pnofsing @co.frederick.va.us TO: Board of Supervisors FROM: Paula Nofsinger, Director of Human Resources DATE: July 9, 2012 SUBJECT: Human Resources Committee Report CNNMItINNNNNNNNNNl IIIIUN 11t1111N.N11....Y N 111 Ill I. 1..1I Ill 1I.I.I1 1111.11.1.11 .11[1111.1111.. 11. 11..1..1. 11..u.... i .IN..... INItlIl111Nid111151114Y11A t111NINlii A[YNIIIII111 111111 1111. 11YY1t11511Y .1511.1Y511l11.11111111 a 1.111111111 I1 Y11.11.M..1111Y11Y11t1 The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, July 6, 2012, at 8:00a.m. Committee members present were: Ross Spicer, Bill Ewing, Chris Collins, Dorrie Green, Sharon Gromling, and Phil Farley. Also present were: Assistant County Administrator Kris Tierney, County Attorney Rod Williams, and NRADC Superintendent Bruce Conover. The following items were discussed: **''Items Requiring Action "* 1. Approval of the Employee of the Month Award. The Committee recommends approval to award Barbara Miller the Employee of the Month for July 2012. (Attachment 1). ** *Items Not Requiring Action'" 1. The discussion of three (3) Human Resource policies. Committee Chairman Ross Spicer introduced the discussion with HR Director Paula Nofsinger outlining the recommended changes to the policies. The intent is not to proceed with any action to the Board of Supervisors until all of the remaining policies can be reviewed in total. The Committee also agreed to have a work session with the Board of Supervisors when all policies have been reviewed, discussed, and revised by the Committee. 107 North Kent Street, Winchester, VA 22601 There being no further business, the meeting was adjourned. Due to scheduling conflicts, the next meeting will be held on Friday, August 10, 2012 at 8:00a.m. Respectfully Submitted, Human Resources Committee Ross Spicer, Chairman Bill Ewing Chris Collins Sharon Gromling Dorrie Greene Philip Farley B ' L V Y• Paula A. Nofsinger Director of Human Resources Attachment 107 Borth Kent Street, Winchester, VA 22601 County of Frederick .. Employee of the Month Nomination Form Outstanding service can be demonstrated in many ways, but it always involves more than just good job performance. An employee can be outstanding for suggesting improvements that result in greater efficiency, improved service, or cost savings; for leadership in departmental activities, for the department's goals or for the goals of the county as a whole. Outstanding service includes job performance that clearly exceeds requirements. The Board of Supervisors must discount generalities not supported by specific examples of activities which support the nomination. Remember, there is noway to know whether specifics are missing by accident or because they do not exist. If you believe an employee has made an outstanding contribution, give specific examples of what they have done. Nominations are not judged on how well you write. However, they are judged on the facts presented. Employee Name: Barbara Miller Department: NRADC /DCS Nomination Submitted By: S. Kimberly Chmura Department:NRADC /DCS Nominator's Signature: Reason for Nomination (please be specific, precise, and definite): Date: 03/13/2012 Ms. Miller performs her basic duties as instructed. Additionally she is very conscientious about her paperwork, in reviewing her case files, no errors are found. Documentation is excellent. While dealing with her clients, she utilizes Evidence Based Practices with Effective Communications and Motivational Strategies. , erall, she does her job well. Moreover, over the course of the last month, she had demonstrated commitment to this envy and other Local Probation Agencies with the following contributions: 1. Updated the intake package that Local Probation utilizes for new referrals which is more professional in appearance and reflects changes that were necessary. 2. Provided training to the Records Clerk for reinstating closed files. Our data software is PTCC, she is the most knowledgeable staff member with this software. 3. Assisted the current staff members who were attending EBP -ECMI training by providing documents which have been utilized in the past, thus preparing them for this skill -based training. 4. Assisted other agencies who are implementing EBP learning teams by sharing exercises she developed as a Subject Matter Specialist in conjunction with State Probation District 11. S. She has assisted another Probation Officer by seeing her clients when the PO has been called to Court unexpectedly on two separate occasions. This demonstrates the team atmosphere that we as department are striving for. 6. In December, ASAP Director Daniel Ellis observed her with clients in the Luray office and over heard a probationer state that she appreciated Ms. Miller's assistance while on probation and that she plans to continue moving her life in a positive direction. Often times, supervisors do not hear the thanks that our staff receive from their probationers. f7_ HR Section: Received: Ap r, 01 Emailed to HR Committee: ( u ZD)L. COUNTY of FREDERICK Department of Public Works 5401665 -5643 FAX. 540/678 -0682 MEMORANDUM TO: Board of Supervisors FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works R SUBJECT: Public Works Committee Report for Meeting of June 26, 2012 DATE: June 28, 2012 The Public Works Committee met on Tuesday, June 26, 2012, at 8:00 a.m. All members were present except Ross Spicer, Bob Wells, Gary Lofton and George Ludwig. The following items were discussed: ** *Items Requiring Action * ** 1. Rural Roads It was the consensus of committee members present to request that the board schedule a work session to discuss the subject of rural roads in Frederick County. County Administrator, John R. Riley, Jr. suggested that Mr. Ted McCormack with VACO be invited to this work session to comment on present and future legislative action by the Virginia Department of Transportation related to the disposition of rural roads. 2. Creation of a Stormwater Ordinance Subcommittee Deputy Director of Public Works, Mr. Joe Wilder, presented a request to establish a subcommittee to assist staff in the creation of a stormwater ordinance for Frederick County. After briefly discussing this issue, the committee members present suggested that the board be given the option of appointing the members of the subcommittee or deferring that responsibility to the staff and public works committee. In either instance, staff recommended that the subcommittee be limited to seven (7) members with two (2) representatives selected from the public works committee. (Attachment 1) Public Works Committee Report Page 2 June 28, 2012 ** *Items Not Requiring Action * ** 1. Request from Building Official to Revise Hours of Operation The committee members present reviewed and endorsed a proposal from the Building Official, John Trenary, to revise the current hours of operation from 8:00 a.m. to 5:00 p.m. to 7:30 a.m. to 4:30 p.m. Mr. Riley indicated that this request can be handled as an administrative action. As indicated in the attached memorandum, this action will allow building inspectors to be more responsive to the customers. (Attachment 2) 2. Discuss Development of a New Citizens' Convenience Site in Gainesboro The director presented a proposal to develop a new compactor site behind the Old Gainesboro Elementary School to replace the existing site adjacent to Back Creek. As highlighted in the attached memorandum from Solid Waste Manager, Ms. Gloria Puffinburger, the current site is woefully inadequate and subject to illegal dumping. There is also the possibility that the lease associated with the site property will not be renewed. This particular site has been on our Capital Improvement list for, at least, seven (7) years because of the aging equipment and site constraints. It should be noted that only recently have we been able to acquire a site for the relocation of the convenience center. The sale of the old Gainesboro Elementary School resulted in retaining a 1.4 acre parcel that can accommodate the development of a new convenience site. We also retained a 60 foot right -of -way across the former school property. We are proposing that the site be developed using the revenue generated from the sale of the property ($74,000) and all funds remaining from the public works refuse budgets (Fiscal Year 2011/2012): citizens' refuse disposal (10 -4204) and refuse collection (4203). Preliminary estimates indicate that the design and development of the site will cost approximately $340,000. The committee members present unanimously endorsed this proposal and recommended that it be referred to the finance committee for their review. (Attachment 3) 3. Carry Forward Requests from Shawneeland and Landfill The committee members present unanimously endorsed the following carry forward requests for referral to the finance committee: (Attachments 4 and 5) 16 -8108 — Shawneeland The total carry forward request is $289,164. 12 -4204 — Landfill The total carry forward request is $1,055,000. Public Works Committee Report Page 3 June 28, 2012 4. Miscellaneous Reports a) Tonnage Report (Attachment 6) b) Recycling Report (Attachment 7) c) Animal Shelter Dog Report (Attachment 8) d) Animal Shelter Cat Report (Attachment 9) Respectfully submitted, Public Works Committee Gene E. Fisher, Chairman Gary Lofton George Ludwig Ross P. Spicer Whit L. Wagner Robert W. Wells James Wilson B . Harvey E. S wsnyder, Jr., .E. Public Works Director HES /rls Attachments: as stated cc: file ATTACHMENT 1 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 5401678- 0+682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Deputy Director of Public Works JCAI SUBJECT: New Stormwater Regulations — New Subcommittee to Develop Ordinance DATE: June 21, 2012 On September 13, 2011, the new stormwater regulations were adopted by the Virginia Department of Conservation and Recreation (DCR). Consequently, for the last few months, the DCR has been developing tools for use by local governments to develop their own stormwater program. After passage of the Integration Bill (HB 1065 and SB 407) this year, all localities will be required to develop a stormwater program by no later than July, 2014. Therefore, I am requesting that an ad hoc committee be created to assist the public works department in the development of a new stormwater ordinance as well as a stormwater program containing all of the elements necessary to comply with the DCR's requirements. It is our opinion that an ad hoc committee comprised of seven (7) members would be adequate to develop the ordinance as well as a program. The ad hoc committee should be comprised of two (2) members from the public works committee and five (5) members at large. It is anticipated that the ad hoc committee will be comprised of at least two (2) engineers that work in the area, (i.e., someone from the local development community) and that county residency should be a requirement for all members. In all probability, development of the ordinance and corresponding program could take as long as two (2) years. The ad hoc committee will work with a model ordinance as developed by the DCR. In addition, DCR's regional staff will be available to work with the ad hoc committee throughout this process. We are proposing that the first meeting be held in August and subsequent meetings be held every few months as needed. Let me know if you have any questions regarding this matter. JCW /rls cc: file t :\Rhonda \STORMWATERMS4PRGRM\NEW STRMWTR REGS - NEW SUBCOM FOR DEV OF ORD.doc ATTACHMENT 2 COUNTY of FREDERICK Inspections Department MEMORANDUM John S. Trenary, Building Official 540/665 -5650 Fax 5401678 -0682 TO- Harvey E. Strawsnyder, Jr., P.E., Director of Publ' rks FROM. John S. Trenary, Building Code Official SUBJECT Evaluation of Inspections Department Ho rs of Operation DATE. June 11, 2012 Due to the documented lack of office activity between the hours of 4.30 pm and 5 pm an evaluation of the number of walk in customers and the number of incoming telephone calls were reviewed over several months. The evaluation also included a survey of the Inspections Department customers presenting two options of operation hours that would best serve their needs. The options were office hours of operation from 7.30 am to 4.30 pm compared to the current operation hours 8 am to 5 pm. The findings are as follows: Operation hours that best serve customers: 7.30 am to 4.30 pm - 47 (78 %) customers requested 8 am to 5 pm 13 (22 %) customers requested Number of walk -in customers,from 4.30 pm to 5:00 pm: January 2012 - 6 customers in 20 work days February 2012 1 customer in 21 work days March 2012 - 7 customers in 22 work days Incoming office phone calls. January 2012 - 10 incoming phone calls between 4.30 pm and 5 pm. (Received 18 calls between 7.30 am and 8 am although office is closed) February 2012 - 15 incoming phone calls between 4.30 pm and 5 pm. (Received 26 calls between 7 30 am and 8:00 pm. although office is closed) 107 North Kent Street • Winchester, Virginia 22601 Operation Hours Page 2 After the review of information-collected, I would recommend.a temporary adjustment of the office operation hours.,to =allow the services currently,being provided between 4.30 pm to 5:00 pm to,be conducted between 7.30 am.to 8:00 am. The services conducted in this time period by the field staff include, answering phone calls, answering questions from walk -in customers and receiving drop off permits. With the implementation of this change the adjusted office closing time.would be at 4.30 pm. The inspections field staff that currently conducts the services between 4.30 pm and 5 pm Would-continue to man.the.front desk between 7.30:am and 8 am. The current rotation procedure of the Inspectors to man the front desk would remain. All other services supplied by the Inspections Department for the customers and hours they are currently being conducted within -would not be affected by the,change. The change would require the main lobby of the Frederick County office building to be open along with the phone and computer, systems to be operational. This change would allow, assistance to the person,attending ;the front desk by other staff members that currently start there workday prior to 8 am'. This change would prevent the travel expensd of not -only the Inspector returning to the office from the field to perform the services but also would give the the option remain at the office for services after 8 am .rather than making a returm trip Lthe: next day Thank you for. consideration on this and if you have any questions or need additional information please.contact me. ATTACHMENT 3 COUNTY_of:FREDERICK :DepartmefiCof_ =Public!Works ;5401665 =5643 FAX:; 5401678=0682 MEMORANDUM TO: Public Works;Comrtittee } F_ ROM. 'Harvey, E-. Strawsnyd`er,,Jr. P:E. ` Director of,Public Works Remaining Funds FY J 1''/12 Refuse Collection (4203), &Refuse Disposal (4204) Budgets DATE. June 19; 2012" Atatheserid of the ciirrerit fiscal year based on there will beiappraximately $69,000 - .remaining;in the refu"se,disposal ( 4204) budget =;atid.approxiinately.$1.99,900 remaining iir, the - refuse c6llection <(4203) l?iidget. Staff is =reconimending,a ;suppleinental ;appropriation -of these furids ($26 - 960)¢combined with,the $74 thecounty- received' foi.thersale of the Gainesboro:,,School property in.order to,f ind the refocation4 iliekiainesb6t6- citizens, convenience site. This projecv js at-;thetowof 'the Improvements Plan, bui has-noi been constructed,du&to a -lack of funding With a suitable location secured and a funding,scenano`which utilizes monies remaining in - the current it seems .to,,be'thezideal'opporiunity iwaddress a long= standing,need. A new would: provide a safer, more;attractive'facility. reduce costs through better trash; compaction ;,all6w�for.the.expansion recycling; opportunities: which generate�revenue;,and.p`revent illega Ld i0ing. With,the�death,of thedessor car] ier .this year, negotiaiion•with the heir fora lease extension was difficult;duego conce payment and indemnification: /gmp cc: file 107'Nortb Kent Street Winchester.,Virginia!22601 -5000 ATTACHMENT 4 COUNTY of °FREDERICK Sanitary District of.Shawneeland Kevin Alderman District Manager Office: 540/877 1035 Fax. 5401877 1'361 MEMORANDUM TO: Harvey E:'Sirawsnyder Jr., P.E. ,Direct6r of Pulilic Works 'FROM. Kevin C. Alderman, District Manager Shawneeland:Sanitary District YCP\ SUBJECT' Carry forward of funds,F•Y'2012/ -2013' DATE. June -5; 2012 Tam requestin_ g;thafthe unused - funds from.line,item , 1'6= 8.108= $800- 00- $uildin s in;the amount of,$150,000.00'be- carrie over,into the- FY2012 /201 -3 Budget. The will make-it "replace the.existing structure, at- ,Rosenberger, Lane entrance. If you °havesany questions;,d'o:not hesitate contact me. 107.N6rth`Kent' Street 50 Torhailidwk Trail Winchester, VA.22601 5000 Winchester, VA j-2602'1351. COUNTY_ of FREDERICK Sanitary District of'Shawneel'and Kevin Alderman District Manager Office: 540/877 Fax. 540/877 -1361 1VW MORANf)" TO: Harvey E Director of Public Works. FROM. Kevin C. Alderman, District`Manager, Shawnee] And' Sanitary District SUBJECT 'Carry forward''.dAiFidsTY2013 .D'A'TE. May 9 2012 I am requesting,that the unused fund"§ from line,itern' 1064 -03- Repair and Maintenance — Buildings °and,Grounds in ihe;amount of $139. 164- 60.be,carried over:into 'the.F 2013 budget. The -amount -of- the_,carry over will_ make•it possibl'e`for'a major tax & chip project.in•the fall 2012. R If you have�any questions,, do. not' hesitate "to KCA/kgs cc: 'file .107'North,Kent Street '50 Tomahawk'Trail Winchester, VA 22601' -5000 Winchester, VA 22602 1351 ATTACHMENT 5 COUNTY of FREDERICK Department of Public Works 5401665 -5643 FAX: 5401678 -0682 MEMORANDUM TO: Public Works Committee FROM: Steve Frye, Landfill Manager THROUGH: Harvey E. Strawsnyder, Director of Public Works Rel SUBJECT: Carry Forwards to 2012/2013 DATE: June 18, 2012 We are requesting that the following funds be carried over from the 2011/2012 budget into the new 2012/2013 budget. The total amount of this request is $1,055,000 and is itemized as follows: 12- 4204 - 3002 -00 Professional Services We are requesting that $200,000 be carried forward and allocated to line item 12- 4204- 3002 -00 for professional services. These funds were allocated for construction quality assurance monitoring for a new CDD cell that will be completed in the fall of 2012. It will also be used to improve on the Permit 40 storm water infiltration design. These projects are ongoing and will require funding in the 12/13 budget. 12- 4204 - 3010 -00 Other Contractual Services We are requesting that $125,000 be carried forward and allocated to line item 12- 4204- 3010 -00 for other contractual services. The landfill needs to relocate a power line that is located on the Clarke County property. In addition, there is a large stockpile of concrete and rock that we would like to have crushed and reduced to make useable material. 12- 4204 - 8006 -00 Construction Vehicles and Equipment We are requesting to carry forward $30,000 in this line item. We have included a new water truck in the 2012/2013 budget. During preliminary discussions with vendors, we have found that our initial budget is below actual anticipated costs of the vehicle. 12- 4204 - 8900 -00 Improvements Other Than Buildings We are requesting that $700,000 be carried forward to complete projects that were planned for the 2011/ 2012 that did not get completed. These projects include upgrades to the permit 40 leachate collection basin along with improvements to the storm water management system. ATTACHMENT 6 COUNTY of FREDERICK Department of Public Works 5401665 -5643 FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works NEI. SUBJECT: Monthly Tonnage Report - Fiscal Year 11/12 DATE: June 8, 2012 The following is the tonnage for the months of July 2011, through June 2012, and the average monthly tonnage for fiscal years 2002 through 2011. FY 02 -03: FY 03 -04: FY 04 -05: FY 05 -06: FY 06 -07: FY 07 -08: FY 08 -09: FY 09 -10: FY 10 -11: FY 11 -12: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: 15,184 TONS (UP 1,177 TONS) 16,348 TONS (UP 1,164 TONS) 17,029 TONS (UP 681 TONS) 17,785 TONS (UP 756 TONS) 16,705 TONS (DOWN 1,080 TONS) 13,904 TONS (DOWN 2,801 TONS) 13,316 TONS (DOWN 588 TONS) 12,219 TONS (DOWN 1,097 TONS) 12,184 TONS (DOWN 35 TONS) 11,963 TONS (DOWN 221 TONS) MONTH JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE FY 2010 -2011 FY 2011 -2012 13,494 12,600 13,118 13,265 11,962 12,140 12,312 12,091 11,895 12,389 10,963 11,363 10,376 10,545 10,338 10,676 12,920 12,479 12,308 11,366 13,336 12,688 13,188 HES /gmp ATTACHMENT 7 0 0 0 0 0 0 0 0 0 0 0 NqT qqT N N N O N OI-t (O W I -* � Ln I� M � r_ O_ O) � O r N LO M r O MI-t r W I-t I-t 1;T 1;T N I-t I-t co I-t I-t co O O O O O qT M I�- O O r M N M (O r I�- O O H qT O M O (O I- r Ln V P- 00 00 O 4 r- Ln - 4 M N r M (O N - 4 , qT O M O O 00 00 Ln (O Ln M N O Ln M O N r O CD CD CD CD CD M M O O LO O LO N MqT r 0 0 I�- M I- qT M M M N O LO O M W W O O I-t � co W I-[- M Ln N IqT Lo r lqt l�- LO M O O qT r - M 00 (O O qqT qqT O N 00 N (O I- J r 00 O M r N M MqqT M M .. .. .. .. .. .. .. .. .. .. .. 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Q Ln 00 (O O (O (O r P O) Ln P M � O M Z O 00 N Ln O O O M O) � � Ln Ln 0 0 0 0 0 0 LO I- 00 M 00 N W LO W O O (O NqqT O N O O M O O 00 M (O I- O) qqT O r- O LO M LO M MqqT M O M M M O O N rqqT M OqqT M M LO (O I� 1- N M O M M I- � M M I- M M r (O O (O 00 O O O O O M 00 I�i Ln In I�i In M N N N N N N N N N N N N M O 00 (O (O 00 00 (O q9T co r- O Ln O N M"* 00 O r- M N 00 N O U r 00 (O O (O M LO O O O M O 0 0 0 0 0 0 M I- M r 0 0 0 0 0 0 0 0 0 0 O) d N N N r 00 00 (O O N O (O I- O O LO 00 I- N 00 M 00 I-t N 00 r M P- Ln O P- N ( Q r114 N r N O) r M r 00 O N O N (O r (O r M Ln 4 r- O O O r Ln O Lo O 00 P- N O Lo (O r 00 0) �i 00 N N r M N N 0 0 0 0) O1� I- NqqT 0) I- LO O N co I- LO (O U r r r r r r r r r r N N M O r LO N M r Ln U) r r r r r I1 0 0 0 0 0 0 0 0 0 0 0 NqT qqT N N N O N OI-t (O W I -* � Ln I� M � r_ O_ O) � O r N LO M r O MI-t r W I-t I-t 1;T 1;T N I-t I-t co I-t I-t co O O O O O qT M I�- O O r M N M (O r I�- O O H qT O M O (O I- r Ln V P- 00 00 O 4 r- Ln - 4 M N r M (O N - 4 , qT O M O O 00 00 Ln (O Ln M N O Ln M O N r O CD CD CD CD CD O W C N � N � N O � � (0 C � co J OI-T W r M O I�- M W N r 00 N X N N N N N r r N N N N W N W Ln V O N Ln N Ln Ln r r Ln O) 00 O) P- O O) F- N co O) O) (O NT N O O (j) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I-T 00 N O (O O N O O OI-T W P- -T LO M LO N N N r CO r (O N (O 00 r I I�- qqT � O r _ r Ln 00 r M 2 r N N U) (O I� 1- N M O M M I- � M M I- M M r (O O (O 00 O O O O O M 00 LO CO O I N r N M O 00 (O (O 00 00 (O q9T co r- O Ln O N M"* 00 O r- M N 00 N O U r 00 (O O (O M CD r- r- r- I 0 r- r- O O O O r- O 04 O (0� M N r I�- LO O LO N O (O r (O I- MqT (O N (O r O M LO W I N O) -* O Ln (O 00 Ln N 00 ---t r (p LO I- O) T LO 00 O N O a M M O 00 LO 00 rI-t N (O r r r r r r r N (O qT N M r N r r Ln (O r I�- O O O O O O N O M r W r W O O M M LO O O W Cr) 00 (O M 00 P- r r'14 r N P - Ln O) O O O O Ln 00 r M N M r r 0 w r O O M M O M O M N LO H M O Ln M r M O LO N qT N [ O) (O Ln Ln I-t M I-t [�- O I-t 00 (O Ln 21, M O M (O N M LO O O r LO O O M M E 00 LO I- (D LO I- r- qqT r- � r U) qqT 00 O LO qqT M M M qqT r- qqT O) N I�- 00 M I- r M qqT (O (O 1- (O O 00 � Z -i I T r (O N Ln � r- N M M r O r � M I� Lf) O O O LO O (O (O � U') (O U') N 00 M CO I- Ln U') U') U') J C N M Ln r (V r r O O O O O) M M 00 O N U') N U') O 00 O) (O co I- O P- O� 00 NN r� U CO "t O r- N M W c N M 00 r M 00 a) r- M 00 r- Ln V O N Ln N Ln Ln r r Ln O) 00 O) P- O O) W N co O) O) (O NT N O O W O Lo W 00 (D w O r O r- r- N 00 (O LO O O) 00 r- r M LO A N N 0) W"-t H U r r r O) O) M LO 19 T N N N M N N N N N N U) J M M M M M M N M M M M (O I� 1- N M O M M I- � M M I- M M r (O M O M (O N M LO O O r LO O O M M E 00 LO I- (D LO I- r- qqT r- � r U) qqT 00 O LO qqT M M M qqT r- qqT O) N I�- 00 M I- r M qqT (O (O 1- (O O 00 � Z -i I T r (O N Ln � r- N M M r r 00 T � 00 T 00 Lo M r Lo M L o T Q Q �i M M M M M M M M M C N M Ln r (V r r O O O O O) M M 00 U . . y y y N r r r r r r r r r N N 0 0 0 0 0 0 0 0 0 0 0 O N (O M O O rqT (p O O M O LO O LO (O N co O) O) (O NT N O O M Lo 00 N N N r N LO P qT r (O O r 0 CO cn O) r N M (O '14 O) N O) V r V V M O) N (Q N NP- O Ln 0'14 r r'14 Q r O N O N 00 r M N O) M 00 O N O O M (O r 00 I- - 4 O r r- J M M M M M M N M M M M (O I� 1- N M O M M I- � M M I- M M r (O d M M M M N N r r r r r r r r r N r O N r I- O M r O) O 00 (0 W N O i?r N co N N O) O 00 co co 0 0 0 0 0 0 0 0 0 0 0 O LO r O NqT I - r - O r - O Ln I�- NqT (O M r (O 00 N 00 T N (O (O O (O (O I-t M I r M W W N O N M r I-t M M O I� co (n O) (O Ln Ln r N O Ln r Ln r Ln r (p 00 O) '14 M Ln 00 (O N (O V r N r Cr) O) I- I-t M M O) 00 (O N Ln M M I- M M N� O M M r M 0 W N N Ln M r co 00 (O (O (O I� O M� N O M O U') r U') M N O M W r J 0 0 00 L— %W w v w c-A � v w w F- W 0 0 0 0 0 0 0 0 0 0 T T T T H J C7 d U Z m Z Q O Z CA ao ti (D L(1 M N r O CA 00 f� (O L(1 Q » W U O W Q W Q a Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q cn O z D n IL 2 Q 2 O O H O w w a' 0 O 0 O Z D p N 00 M O— M LO O W I— O w O� r— LO O� w O O r- X �w Q Z U 0 Z W w d Q O 0 0 0 0 0 0 0 0 O N U � U U W � J Q W D z O O O N 0 0 0 0 00 W w D Y D W p 00 CF) Do co co r— �n 00 w N N N N N U) D D W 2 Q O F- (D 00 O r— LO N 0) 00 L J LO M� M M M M M M U W D w Oq9t 00 N 00 O O N O LO M qqt LO LO LO O O M LO 0 Q Q W � z O M O O O N O O- 0 0 N Ow CO V U w W M N O O O M O— O 00 U Z_ O (0 LO LO (0 N N q9t LO q9t LO LO a m m 0 J W W Z > Z— M wr— 0 0 0 LO 0 LO O U Y M LO M M LO w� � Q 2 Q Z 0 O 00 I— r— N — � 00 M O— M M Q O I— r- O 00 O) r— LO (D 19t 00 O CF) Z ~ O U a�_ LL = J O J D w U O w �Z w Q O- Q z� � f J N U C O 0) O N a) a) a) U c � a E O Q 7 O � - a O a U (0 c � Y V) (0 C U O L N LO 0) O cB N 2 a; O U N C O O E" a) 0) L O • " - O C LO ATTACHMENT 8 ATTACHMENT 9 H O w W W' Q U O = �- z D o — Z W� N O OMON Ln O N 0� 0 C 01 co Oq-t 00 co 0 X Qw U z Z W w d Q D o 0 0 0 0 0 0 0 0 0 0 0 U � U U W � J Q W O Z — 0 N N N O r- 00 N w Z � N co co M — N — W 0 Y 0 W O LLO CO r- 0 O O Co— O LO� co d N N N— O M co U) 0 0 W 2 J LO — N 00 N L ( j U W 0 w M M N M O M N r I— r- O N N N N N N N M N M N N 0 Q Q W �z °Ln000000(0�� LO O w CO V U W W (n N O N O O 0 0 00 U Z �O U Q O w O N M O M O O co 0 M— N N M M LO co 0 m m 0 J W W Z r— O 0 0 00 N N O O � U Y N N N N 0 O rn N co r W � Q Q Z 0 O N O O co O N LO co O Q LL N O 0cv) 0 r— co (O Nt 00 co Z ~ O U a�_ LL = J O J D w U O w Z w Q o- Q � z �QcnOzO�LWD 0 L y-+ O 7 O C co co Co U M M co O L C O E L C TO: Board. of Supervisors FROM: John A. Bishop, AICP, Deputy Director - Transportation RE: Transportation Committee Report for Meeting of June 25, 2012 DATE: July 17, 2012 The Transportation Committee met on June 25, 2012 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting) Tames Racey (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Chris Collins (voting) Bryon Grigsby (voting) ** *Items Requiring Action * *" None ** *Items Not Requiring Action * ** L Transportation Concerns for Route 600 Staff presented the Committee with the following information: The County has received concerns from Mr. Bruce Sigurdson regarding the length of the left turn lane from Route 50 west onto Route 600 SB (Hayfield Road), and also regarding the speed limit on Route 600. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601 -5000 Staff has conducted research with other agencies on the issue and learned the following: VDOT — VDOT reviewed both issues and determined that a speed study was unlikely to yield a recommendation of a change in speed limit in this area. In addition, VDOT determined that a warrants analysis would be borderline as to whether lengthening the left turn lane would be warranted. Frederick County Schools — I spoke with Mr. Puglisi, who is in charge of the school's bus fleet. He indicated that they are always supportive of more room in the turning lane. He also noted that there was an issue with site distance in this location. He did not have an issue with the speed limit. Frederick County Sherriff's Office — I spoke with Lieutenant Mike Richardson and he did not have an issue with the speed limit on that roadway, but noted that they had been giving it increased attention due to some citizen concerns in the area. Regarding the need for a turn lane, he wasn't sure it was really necessary. When asked about the site distance issue brought up by Mr. Puglisi, he thought that was a very valid concern. By consensus, the Committee decided to have staff request that VDOT look into the site distance issue and report back. 2. Road Resolution Request As part of the normal system of getting new roadways accepted into the State Highway system, County staff coordinates with VDOT as they review whether a roadway meets the criteria. Once everything appears to be in order, a road resolution is forwarded to the Board of Supervisors for their consideration. In the situation of the attached request, we have a section of roadway in which this normal process is not working very well. Milton Ray Drive, in the Rutherford development on Route 11 North, is constructed from the entrance of FEMA and runs approximately .2 miles past Lowes and across the railroad tracks. Per proffer, this roadway was constructed to state standards and has since been under bond by the County pending acceptance to the state system. To date, coordinating staff at VDOT have indicated it does not meet their standards for acceptance into the state system. The applicant disagrees with this determination and is asking that Frederick County move ahead with our road resolution so that VDOT may issue a formal action which they, in turn, would have the ability to appeal. While this is somewhat different from the process we are used to, it is the only way to allow the applicant to move forward in their desired process. The Committee discussed a number of items of potential resolution with the applicant and VDOT in order to try and reach a compromise. VDOT and the applicant indicated that they will continue to work together on this issue. UPDATE: It is the understanding of staff that this issue is near resolution and that we can expect the road to be in the system relatively soon. 2 3. Project Updates Staff updated. the Committee on a number of ongoing projects. 4. Other CMG CONDITIONAL USE PERMIT #03 -12 w4 ti� JAMES W. FRYE a ar Staff Report for the Board of Supervisors w A � Prepared: June 11, 2012 ;;3By Staff Contact: Dana M. Johnston, Zoning Inspector This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 06/06/12 Board of Supervisors: 07/25/12 Action Recommended approval Pending EXECUTIVE SUMMARY: This is a request for a Kennel. The Planning Commission at its June 6, 2012 meeting unanimously recommended approval to the Board of Supervisors. The Planning Commission would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No more than thirty (30) dogs and puppies allowed on property at any given time. 3. This Conditional Use Permit (CUP) is to allow breeding only. Boarding of dogs will not be permitted on the property. 4. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 5. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00 a.m., unless accompanied by the owners. 6. A six foot board -on -board fence must be constructed along all adjoining properties. 7. No signage allowed with this use. 8. Any expansion or modification of this use will require an approval of new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP 903 -12, James W. Frye June 11, 2012 LOCATION The property is located at 323 Hunting Ridge Road (Route 608). MAGISTERIAL DISTRICT Gainesboro PROPERTY ID NUMBER 30 -A -98A PROPERTY ZONING & PRESENT USE Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Tree Farm PROPOSED USE Indoor Breeding Kennel REVIEW EVALUATIONS Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 608, the VDOT facility which would provide access to the property. Your existing entrance is adequate for the proposed use with the following condition: All parking must be off VBDOT right -of -way. Should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire and Rescue: Plans approved. Frederick County Fire Marshall: Plans approved. Frederick County Inspections: Change of use permit is required under 103.3 of the Virginia Construction Code 2009 due to increase ventilation requirements for Indoor Breeding Kennel. The areas of the existing structure that are utilized shall comply with the International Mechanical Code for air change, etc. Please submit a floor plan of any areas at the time of permit application. Inspection approval and certificate of occupancy is required prior to using structures. Other code that applies is CABO A117.1 -92 Accessible and Usable Buildings and Facilities. Page 3 CUP 903 -12, James W. Frye June 11, 2012 Frederick - Winchester Health Department: Applicant may not dispose of canine waste via the septic system. Health Department has no objections to the request. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance Section 165 - 401.03 defines kennel: As a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation. This proposed use will take place on a 0.64 acre parcel located in the RA (Rural Areas) Zoning District. This application is the result of a zoning violation on the property. This proposed Conditional Use Permit (CUP) is to allow for breeding of bulldogs. This use will be conducted within the applicant's home. With the number of female -owned dogs, and given the average of potential litters of each female, the applicant feels that there should be no more than thirty (30) dogs and puppies on the property at any given time. The surrounding properties are all zoned RA. The property is slightly greater than one -half acre and the closest dwelling is 45 feet away. The applicant must construct a six (6) foot board -on- board fence at all areas where dogs are kept on the property with the intent to help screen from adjoining property owners. In addition, there will be a 35'x 127' dog run on the south part of property. All dogs are primarily kept indoors, with the exception of when they are walked or exercised. STAFF CONCLUSIONS FOR THE 06/06/12 PLANNING COMNHSSION MEETING Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No more than thirty (30) dogs and puppies allowed on property at any given time. This Conditional Use Permit (CUP) is to allow breeding only. Boarding of dogs will not be permitted on property. 4. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 5. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00 a.m. 6. A six foot board -on -board fence must be constructed along all adjoining properties. 7. No signage allowed with this use. Page 4 CUP #03 -12, James W. Frye June 11, 2012 8. Any expansion or modification of this use will require an approval of new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE JUNE 6, 2012 MEETING Members of the Planning Commission had numerous questions for the staff and the applicant. Commission members wanted to know how many dogs were currently on the property and how the 30 -dog limit was decided upon. A health concern was expressed regarding the potential for 30 dogs and two or more adults residing within the dwelling. A Commissioner asked if there was a State agency responsible for overseeing the health and breeding aspects of a dog- breeding business. A Commission member asked staff to point out the location of the proposed dog run. A question was raised about how Condition 94 would be monitored and enforced. Another Commissioner asked if Condition #3 included sales as well as breeding. Commission members asked the applicant how he planned to dispose of dog waste. Commissioners asked about the length of time between breeding and sales of dogs. A member of the Commission inquired if the applicant knew if any of his neighbors had any potential problems with the operation of this business. They asked the applicant if he believed he could comply with all of the conditions of his permit. A Commission member asked the staff if there were any issues with voting on this permit with a pending court date. Staff knew of no State agency that would oversee a dog- breeding operation. Staff pointed out the Health Department commented that canine waste cannot be disposed of via the septic system. Staff noted that any violations of the conditions, such as dogs roaming free or barking, would be handled on a complaint basis only. Staff explained that the 30 -dog limit was reached after consulting with the applicant. The applicant said he currently has eleven dogs and all are kept indoors. He was fine with the 30 -dog limit, considering that a couple dogs could have litters at the same time. He said all of the dogs are licensed and vaccinated. The applicant said the landfill will accept canine waste in the dumpster at the landfill, the same as regular trash. He said he utilizes shock collars and an electronic bark deterrent system to discourage barking. The applicant said he spoke with his neighbors and they are fine with this operation. He said the neighbors requested that the fence be placed 25 -30 feet back from the front of the property to allow adequate site distance for pulling out of their driveways. The applicant said he could comply with all of the conditions; however, he asked to be allowed to walk the nursing and pregnant female dogs during the night, as long as they are supervised. There were no citizen comments, either in favor or opposition. Page 5 CUP 903 -12, James W. Frye June 11, 2012 Based on the applicant's claim that he could comply with all of the conditions of the permit, the Commission had no issues with Mr. Frye operating his business. The Planning Commission voted unanimously to recommend approval of the CUP, with the following modified conditions: 1. All review agency comments shall be complied with at all times. 2. No more than 30 dogs and puppies allowed on the property at any given time. 3. This conditional use permit is to allow breeding only. Boarding of dogs will not be permitted on the property. 4. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 5. All dogs shall be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m., unless accompanied by the owners. 6. A six -foot, board -on -board fence must be constructed along all adjoining properties. 7. No signage allowed with this use. 8. Any expansion or modification of this use will require an approval of a new conditional use permit. (Note: Commissioners Mohn and Lemieux were absent from the meeting.) MR Ott CUP0312 o M!` I I' f Applications Parcels Building Footprints Index Contours (25ft) Intermediate Contours (5ft) 131 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) t �\ i 1 f 01 Z/ 30 A 98 30 A 98E - -- J 2 � N FRED �ICK al�L Note: Frederick County Dept of CU P # 03 - 12 Planning & Development Fry James Fr y 107 N Kent St Suite 202 Suite e PINS: Winchester, VA 22601 30 - A - 98A 540 - 665 - 5651 Kennel Map Created: May 09, 2012 Staff: djohnston 0 50 100 200 Feet b „ k f y V� Q J Z MA rMqqq O Applications Q Parcels y�� Building Footprints 131 Neighborhood District) \ (Business, B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) 4W HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) 4W MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) �'Q #PA 312 t �\ i PIKE y�� F DERICK Note: Frederick County Dept of CUP # 03 12 Planning & Development James Fry 107 N Kent St Suite 202 e PINS: Winchester, VA 22601 30 - A - 98A 540 - 665 - 5651 Kennel Map Created: May 09, 2012 Staff: djohnston 0 50 100 200 Feet t �\ i Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the V owner other) NAME: ADDRESS: TELEPHONE 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 0 4. The property has a road frontage of j__VL.40 feet and a depth of , feet and consists of �14r acres. (Please be exact) 5. The property is owned by as evidenced by deed from AVAAAd reco rded (previous owner) in deed book no. -5� - on page as recorded in the records of the Clerk of the Circuit court, County of Frederick. 6. Tax(Parcel)Identif (I.D.)No. Magisterial Di strict Current Zoning 4 7- Adjoining Property: �u V `.1 North IL I �CZA f & S East CCaty South West �SC r � U S. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME `' ADDRESS Llt 1'�7 a'? C� PROPERTY IDR- G� �i Ly NAME r , '`._'�# ADDRESS Ad PROPERTY ID## .- NAME ;WG aJ- A WE, &jADDRESSr� L PROPERTY ID# 1 c NAME ° : $ r .'`: U ADDR1sSS 3,X1 `cam PROPERTY ID#k 32 C NAME PROPERTY ID# NAME PROPERTY 1134 ADDRESS ADDRESS 12. Additional comments, if any:&)e 1 J e s ell 3 Ile f elf io r n ✓ 6 a "46 �. ,4. A 4 Alf I (we), the undersigned, do hereby respectfully matte application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. 6162 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: R.EENEWAL DATE: pR jo R�pp�p t 2 8,080 So. FT. t ca REBAR E w x k--- x _"-- x—.� x �b N x x 7 � x x 0 DECK CAR Q . PoRr � xJ 1979 49.0" ti y 1 STORY I RESlDENC.E / )' MJ v I 44,J' I WALL b / f'LANTE7? �'+ POLE CONCRETE RMAR WALK FOUND - _._ __ �. - _- .� ___ - .- .� ______ -- . - - -- __- ....- -__ .- _-____-____ f 0,25 MILEV TO I HUNTING RIDGE ROAD ---- ROUTE 608 ROUT° 5.?2 40' R- 0- W HOUSE LOCA 77ON SURV6 ON Mt PROPERTY OF THIS 1.5 TO "77FY MA r ON FEBRUARY 21 1996 &��I�� G d�® �@ !� � �� I MA OE AN ACCURA7E SURVEY OF 7HE PREM15k - S �'�. SHOW HERMV AND MA r MERE ARE" A10 EASE- - ®O A /� ® L m � - MEWS OR MROACHMEN M WS16LE ON THE 0 GROUND OTNER MAN NOSE SHOWN HEREON. DEED BOOK 584 PAGE 417 GAINES90RO DIS7RICT N07TS: FREDERICK COUNTY, W1RG'INIA 1, TAX ASSESSMENT MAP NO. 3'o -A PARCEL 96A '- l S PLAT HAS BEEN PREPARED WIMOUT THE BENEFIT OF A TOLE REPORT n At@ DOES NOT NECESSARILY IND €GATE ALL ENCUTABRAKC 0`I T pE ?ROPERTY. DATE' FEBRUARY 21, 1986 SCALE' 1 J1/ 0MER.' FR YE ZOOD N07E -- ZONE C C0MMUNI7"Y NO.' 510063 PANEL: 0105 rx= ARCHITECTS ENMNEERS WO. f 96046 DA X. 07- 17-78 ea CHARLY&I WRCINiA ,5 e i t _� 3 fg ! r� RICK HOUSE BULLDOGS My name is James Frye. My daughter, e the operators of Brick douse Bulldogs e are in the business ®f breeding C English bulldogs, Valley bulldogs, and ®lde English/ English bulldogs. We began breeding as a hobby but are new a business, although not a profitable one yet. take place in nay home including breeding, whelping, showing and selling of the puppies. In 2011, 4 litters were bred with 2 being sold that year and the , 2 being sold in 2012. ' of e . Valley - bulldogs. AKC English '" been In the e we would like to acquire sm females. We anticipate having 6 to 8 litters per calendar year. We area business d we dont anticipate becoming much larger. = F aw:. COUNTY of Department of Planning and Development 540/665 -5651 MEMORANDUM NUM FAX: 540 /665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, A1CP, Senior Planner Subject: Discussion — Revisions to the RP (Residential Performance) Zoning District Date: June 26, 2012 In an effort to update the Residential Performance (RP) Zoning District to ensure that the requirements are: (1) easier to understand (format), (2) provides additional flexibility and housing options, (3) is up to date with the current needs of the community and (4) is in conformance with the 2030 Comprehensive Plan, staff is proposing a number of changes. The proposed Zoning Ordinance changes are to Part 402, which is the RP Zoning District, Part 203, which contains the landscaping and buffering requirements and Parts 101 and 102, which contain definitions and supplementary use regulations. A summary of the primary changes are as follows: Proposed Chan es to Part 402 - Residential Performance RP Zoning District (Introduction and District Regulations) District Intent Revisions to the district intent to be in conformance with the goals of the Comprehensive Plan. Permitted and Conditional Uses Minor revisions to the permitted and conditional uses in the RP District to update the language and add public buildings as a permitted use and museums as a conditional use. ® DensitK and Multifamily HousinI4 Revisions to the gross density and multifamily housing requirements. This relocates the density from certain permitted housing types located throughout Part 402 and centralizes them in one table, and shows the maximum percentage of multifamily housing in the same table. Revisions also include eliminating the multifamily percentage cap for apartments. The maximum density by acreage has been increased. Open Space. Revision to the open space requirement for single family detached traditional housing types, increase in the open space required for development with a mixture of housing types, and addition of an open space percentage for non residential uses. Revisions to the waiver provision that allows for the addition of recreational facilities in lieu of open space acreage. Revision to the recreational facility requirements as requested by the Parks and Recreation Department. Building Height. Addition of a maximum height for structures not currently listed under the individual district requirements. 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601 -5000 Frederick County Board of Supervisors RE: RP District June 26, 2012 Page 2 Proposed Changes to Part 402 - Residential Performance RP Zoning District (Dimensional Requirements for Housing Types • Addition of minimum setbacks for unroofed decks stoops, landings, and similar features for all housing types. Staff has seen a number of residential structures that are constructed to the edge of building restriction lines (the structure takes up the entire building envelope) and this precludes the construction of a deck or other similar feature. This additional setback would allow additional area for the construction of these features. • New Format for the Dimensional Requirement for Housing Types. The dimensional requirements are proposed to be shown in a constant table format that is easier to read than the numbered lists currently shown. • Revisions to the re uirements for single family detached cluster and small lot housing types: • Single Family Detached Cluster Changes — Elimination of the additional open space requirement for this housing type due to the fact that this housing type already has a higher open space requirement (25% minimum). Reduced front, side and rear setbacks are also proposed. • Single Family Small Lot — Addition of a reduced front setback for this housing type when utilizing an alley. • Elimination of Housing Types. Proposed elimination of the atrium. house, duplex and weak -link townhouse housing types. Atrium house and weak -link have never been utilized since they were originally added to the Zoning Ordinance, and the duplex option is repetitive because it can be accomplished under the single family small lot housing type. • Revisions to the re uirements for townhouses: o Addition of a back -to -back townhouse option under the townhouse housing type. o New minimum lot area. • Addition of a side and rear setback and elimination of the perimeter setbacks. • Different setbacks for units with or without garages. • Increase in the maximum building height from 35 feet to 40 feet. • Revisions to the requirements for garden apartments: a New description of the housing type. Elimination that the structure share a common: outside access to allow for the construction of a stacked flat type unit. o Revised building spacing requirements. a Increased building height — 40 feet to 55 feet to allow for the construction of a maximum of four stories. • Addition of a multifamily residential building. Proposed new multifamily (apartment) housing type that would only be permitted within areas designated by the Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high density residential. Proposed Changes to Part 203 - Buffers and Landsca in Types of landscaping Revisions to include new plant types, removal of certain plants and /or elimination of plants for specific landscaping uses. Planting Procedure. Provisions for the planting procedures and requirements for landscaping. Frederick County Board of Supervisors RE: RP District June 26, 2012 Page 3 • Residential Separation Buffers Complete revision to the required separation buffers between various housing types. This revision includes the elimination of internal separation buffers (for different housing types contained within the same development) as well as revisions to simplify the requirements and make there easier to understand by putting them in a table format. • Road Efficiency Buffers. Revisions to the road efficiency buffer requirements to show the same buffer requirements that are required throughout the ordinance (full screen, landscape screen). There is also a proposed addition to allow existing vegetation to be utilized for road efficiency buffers. Proposed Chang to Part 101 and 201 — Definitions and Supplemental Use Regulations • Definition of Building Height. Revised definition that is more consistent with how staff currently measures the height of a building. • Definition of Multifamily Dwelling. Revised definition for dwelling, multifamily. • Setback Requirements. Revision to the extensions into setback yards to remove balconies, porches, stoops and decks as an extension because these were added into the individual housing types (setbacks for unroofed decks, stoops, landings, and similar features). Removal of weak -link townhouses from this provision. These changes were presented to the Development Review and Regulations Committee (DRRC) at their meetings on January 26, 2012 and March 22, 2012. The DRRC recommended a number of changes that have been incorporated into the proposed revision. With those changes, the DRRC recommended that this item be forwarded to the Planning Commission and Board of Supervisors for further review. These items were then presented to the Planning Commission and the Board of Supervisors at a joint work session on May 10, 2012. At the work session, the reasoning behind the proposed changes was discussed; however, the content was not and the Board of Supervisors directed staff to take the amendments to the Planning Commission for further discussion. The Planning Commission discussed these proposed changes on June 6, 2012; the Commission had no changes and forwarded the items to the Board of Supervisors for Discussion. The attached documents show the clean version of Parts 402 and 203 with the proposed changes shown in bold italics. This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on these Zoning Ordinance text amendments; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Clean version of Parts 402 and 203 with the proposed changes (for clarity only the proposed changes have been shown in bold underlined italics — deletions have not been shown). Please refer to your May 10 Work Session Agenda Package for the attachment that shows all deletions and additions or contact staff if you would like another copy. 2. Definitions and Supplementary Use Regulations 3. Resolution. CEP /bad Part 402 - RP District Proposed Changes Part 402 — RP Residential Performance District § 165 - 402.01 Intent. A. Part 402 is intended to provide for a compatible mixture of quality residential housing types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan. The plan identifies basic land use characteristics which are to be encouraged: (1) Efficient land use patterns that create high quality neighborhoods that are attractive and pedestrian oriented. (2) Densities that promote a compact and efficient use of land. (3) Reduced housing and public facility costs. (4) Energy efficient housing and housing patterns. (5) Sustainable and e nvironmentally sensitive land use. B. Within this Part 402, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the County staff and Planning Commission and adopted by the Board of Supervisors. The layout, phasing, density and intensity of a development is determined through the adoption of the master plan by the Planning Commission and the Board of Supervisors. C. It is the intent of this Part 402 to allow a mixture of housing types on the land within an approved master development plan. Within this Part 402, the permitted development percentages and densities for all housing types are identified. The preliminary master development plan shall specify the amount and percentages of all proposed housing types. The preliminary master development plan requires specific approval of the Planning Commission and the Board of Supervisors. D. While a mixture of housing types is allowed on a site, the intent is to use the master development plan and the other Article regulations to place the different housing types on the site in a way that will protect the living environment of the new residents and existing residential land uses It is the intention of this Part 402 to integrate new residential developments with existing residential developments and to ensure that different residential developments are properly screened from one another while still creating a sense of community and while providing for a variety of housing options. This Part 402 attempts to encourage the provision of some amenities through density bonuses which are intended to enhance the development without increasing housing costs. E. Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the Comprehensive Plan as well as any road improvement plans where appropriate and where necessary to achieve an interconnected street system. Streets and rights -of -way in proposed Item #1, Page 1 Part 402 - RP District Proposed Changes developments, intended to be developed in the future, shall be clearly designated to take into account future development as indicated in the Comprehensive Plan. F. In those sections of this Part 402 where discretion is given to the Administrator that discretion shall be exercised with this statement of intent as the primary guide for action. § 165 - 402.02 Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter. B. Structures and land shall be used for one of the following uses: (1) All residential housing types specified in Part 402.09 (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be permitted as accessory structures or buildings. (8) Required or bonus recreational facilities, public or private parks, neighborhood parks, playgrounds, or other non - commercial recreational facilities. (9) Business signs associated with schools, churches, fires stations and companies and rescue squads, recreational facilities, public parks, playgrounds, and libraries. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. (12) Public Buildings 13 Residential subdivision identification signs. 14 Signs allowed in § 165- 201.06B. Item #1, Page 2 Part 402 - RP District Proposed Changes § 165 - 402.03 Conditional uses. Uses and associated signs permitted with a conditional use permit shall be as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. B. Cottage occupations, as defined. C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day -care facilities. E. Rooming houses, boardinghouses and tourist homes. F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for nonmedical purposes. G. Museums § 165 - 402.04 Number of uses restricted. More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, garden apartments, multifamily residential buildings and age- restricted multifamily housing. § 165 - 402.05 Gross density and Multifamily Housing. A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density and maximum percentage of multifamily housing of any development within an approved master development plan exceed the densities and percentages set forth in the following table: Item #1, Page 3 Part 402 - RP District Proposed Changes Density by Land Use Density (Units /Acre) Maximum Percentage of Multifamily Housing Multifamily Residential Buildings and Age Restricted 20 Units /Acre 100% Multifamily (excluding garden apartments) Garden Apartments 10 Units /Acre 100% Townhouse (single family attached) 10 Units / Acre N A Density by Parcel Size (for all other housing types and development with mixed housing types not specified Density (Units /Acre) Maximum Percentage of Multifamily Housing in the Density by Land Use Table) 0 -10 acres 10 Units /Acre 100% 10.1 -25 acres 6 Units /Acre 100% 25.1 -50 acres 6 Units /Acre 60 -°� 50.1 + acres 6 Units /Acre 50% C. Within developments utilizing Transferable Development Rights, the maximum gross residential density for the development shall be determined in §165- 302.03H. § 165 - 402.06 Phased development. ( ** *Relocated from § 165 - 402.10) A. The developer /subdivider is permitted to construct the subdivision in phases or sections as long as: (1) All sections are indicated on the master development plan and are of a size and at such a location that they constitute economically sound increments of development. (2) Common recreational facilities and improvements and other improvements indicated for any phase section are required to be started not later than when that section reaches fifty - percent occupancy and are required to be complete by the time that section reaches sixty - percent occupancy. (3) Provisions shall be made to incorporate all phases or sections of the planned development under one homeowners' association /corporation. B. In order to provide sufficient, safe access, the Planning Commission and the Board of Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the development. § 165 - 402.07 Open space requirements. A. A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners association or to Frederick County. Open space shall only be dedicated to Frederick County only with the approval of the Board of Supervisors. The Board of Supervisors may allow public libraries and public schools to be located within areas designated as common open space, provided that the proposed facilities are indicated on the original master development plan for the residential development. During the review of the master development plan, the Board of Supervisors shall ensure that the location of a proposed public library or public school is appropriate Item #1, Page 4 Part 402 - RP District Proposed Changes and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below: Type of Development Minimum Required Open Space (percent) Developments containing only single - family rural traditional housing 0 Developments containing only single - family traditional or detached urban housing 15% Developments in which no less than 60% of the dwellings are single - family detached traditional housing mixed with any other housing types 20% Developments containing only single - family detached cluster or a mixture of single- family detached cluster and urban housing 25% Single - family small lot housing 30% All other residential developments 30% Non Residential Uses (minimum landscaped areal 15% B. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, flood plain, wetlands or steep slopes. The Administrator, upon recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful. C. In developments containing only single - family detached urban housing or single - family detached urban housing mixed with single - family detached traditional housing, the required open space may be waived by the Board of Supervisors if the required open space is less than one acre Such waiver shall not include open space provided to meet environmental requirements. D. The minimum required open space percentages provided in § 165- 402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165 - 402.07A) be reduced more than 75% for single - family detached housing types (excluding single family small lot), Item #1, Page 5 Part 402 - RP District Proposed Changes and no more than 50 %L5 for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of one recreational unit for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the Zoning Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the minimum recreational facilities identified in § 165 - 402.08. The gross density requirements as required in §§ 165 - 402.05 and 165 - 402.06 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided. § 165 - 402.08 Recreation facilities. A. Single - family small lot, Multiplex, Townhouse, Back -to -back Townhouse, Garden Apartment and Multifamily Building housing shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single - family small lot housing shall provide a community center that provides for the equivalent of three age- appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible and centrally located to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by Zoning Administrator in conjunction with the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. (1) The Board of Supervisors may provide a waiver for the community center requirement specified in § 165 - 402.08A in single - family small lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors. B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development. An example recreational unit shall be as follows: (1) Playground: Composite play system for school age children with a minimum of 8 play features and one swing set. Item #1, Page 6 Part 402 - RP District Proposed Changes uantit Equipment Deck heights reaching at least 5' Minimum 2 2 -5 year old play features Minimum 1 Slides Minimum 1 Climbing features Minimum 1 Overhead features Minimum 1 Tunnels Minimum 1 May panels Minimum 1 Swings (8 feet high, 2 seats) (2) Or any recreational facilities of equivalent monetary value which may include (a) Swimming pools. (b) Tennis, basketball or multi - purpose courts. (c) Multi -use trails. (d) Athletic fields. (e) Picnic shelters which shall include picnic tables, trash receptacles, and areas for outdoor cooking. (f) Community center. (g) Other recreational facilities. § 165 - 402.09 Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. Item #1, Page 7 Part 402 - RP District Proposed Changes A. Single- family detached rural traditional. This dwelling type consists of a fully detached, large -lot single - family residence on an individual lot with private yards on all four sides, without public sewer and water. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 100,000 square feet A2 Minimum lot depth to width ratio 1:3 B. Building Setbacks 131 From road right -of -way 60 feet B2 Side 15 feet B3 Rear 50 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right- of-way 50 eet C2 Side 10 feet C3 Rear 35 feet D. Minimum Parking D1 Required off street parking 2 per unit E. Height E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet B. Single- family detached traditional. This dwelling type consists of a fully detached, large -lot single - family residence with private yards on all four sides without required common open space. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 15,000 square feet A2 Minimum lot width at setback 80 feet B. Building Setbacks 131 From road right -of -way 35 feet B2 Side 10 feet B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right -of -way 25 feet C2 Side 5 eet C3 Rear 15 feet D. Minimum Parking D1 Required off street parking 2 per unit E. Height E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet Item #1, Page 8 Part 402 - RP District Proposed Changes C. Single- family detached urban. This dwelling type consists of a fully detached, single - family residence on an individual lot with private yards on all four sides. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 12,000 square feet A2 Minimum lot width at setback 70 feet A3 Minimum lot width at road right -of- way 40 feet B. Building Setbacks B1 From road right -of -way 35 feet B2 Side 10 feet B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right -of -way 25 eet C2 Side 5 eet C3 Rear 15 eet D. Minimum Parking D1 Required off street parking 2 per unit E. Height E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet D. Single- family detached cluster. This dwelling type consists of a fully detached single - family residence on an individual lot, with private yards on all four sides. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 8,000 square feet A2 Minimum lot width at setback 60 feet A3 Minimum lot width at road right -of- way 30 feet B. Building Setbacks B1 From road right -of -way 25 eet B2 Side 8 eet B3 Rear 20 eet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right -of -way 15 eet C2 Side 5 eet C3 Rear 10 eet D. Minimum Parking D1 Required off street parking 2 per unit E. Height E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet Item #1, Page 9 Part 402 - RP District Proposed Changes Single- family detached zero lot line. This dwelling type consists of a fully detached, single - family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 6,000 square feet B. Building Setbacks B1 From road right -of -way 25 feet B2 Minimum on -site building spacing (side) 25 feet B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right -of -way 15 eet C2 Side 20 feet 0 Rear 15 eet D. Minimum Parking D1 Required off street parking 2 per unit E. Height E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet F. Supplemental Regulations F1 A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F2 The opposite side yard must be maintained clear of any obstructions other than a three -foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences. In no case shall any encroachment other than a fence be placed within the required maintenance easement. F3 The zero lot line side must not be adjacent to a road right -of -way. Item #1, Page 10 Part 402 - RP District Proposed Changes Single- family small lot. This dwelling type consists of a single - family detached or attached residence on an individual lot. No more than two units may be attached together. Dimensional requirements shall be as ollows: A. Lot Dimensions Al Minimum Lot Area 3,750 square feet B. Building Setbacks 131 From public or private road right -of -way 25 feet B2 The front setback may be reduced to 15 feet provided that the residential unit utilizes a rear alley for access and there are no driveways on the private or public road fronting the residential unit. B3 Side Detached Option - 5 feet Attached Option — 10 feet B4 Rear 15 feet B5 Minimum building spacing Attached Option — 20 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from private /public road 15 eet *Rear alley option —10' C2 Side (end unit) 5 Leet C3 Rear 10 feet C4 Rear (from open space) 5 feet D. Minimum Parking D1 Required off street parking 2 per unit E. Height E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet F. Supplemental Regulations F1. A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum three. F2. Detached accessory structures may not exceed 150 square feet. Item #1, Page 11 Part 402 - RP District Proposed Changes G. Multiplex A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area per unit 3,000 square feet A2 Maximum site impervious surface ratio .50 B. Building Setbacks B1 From road right -of -way 35 feet B2 From parking areas or driveways 20 feet B3 Side 15 feet from perimeter boundary B4 Rear 25 feet from perimeter boundary C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right -of -way 25 eet C2 Front from parking areas or driveways 15 fee t 0 Side 10 eet C4 Rear 15 eet D. Minimum Parking D1 Required off street parking 2 per unit E. Height E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet Item #1, Page 12 Part 402 - RP District Proposed Changes H. Townhouse, Back -to -back Townhouse. This dwelling type consists of a single- family attached dwelling unit from around to roof, with individual outside access. Rows of townhouses shall contain no more than eight (8) dwelling units in a group Back -to -back townhouses shall contain no more than sixteen (16) dwelling units in a group. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum Lot Area 1,500 square feet A2 Minimum Lot Width End Unit -22 feet Interior Unit - 18 feet B. Building Setbacks 131 From public or private road right- of -way With Garage — 25 feet Without Garage —15 feet B2 From off street parking lot 15 eet B3 Side 10 eet B4 Rear 20 eet Back to Back Option — N/A C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from off street parking lot 10 eet C2 Front from private /public road 15 feet C3 Side (end unit) 5 Leet C4 Rear 5 eet D. Minimum Parking D1 Required off street parking 2 per unit E. Height E1 Principal Building (max) 40 eet E2 Accessory Building (max) 20 feet Item #1, Page 13 Part 402 - RP District Proposed Changes Gardena partments. This housing type consists of buildings that contain multiple dwelling units that share a common yard area. The entire dwelling unit does not necessarily have to be on the same floor. Garden apartments shall be at least two stories high but no more than four stories and shall contain six (6) or more units in a single structure, not to exceed 16 units within a single structure. Dimensional requirements shall be as follows: A. Lot Dimensions Al Maximum site impervious surface ratio .60 B. Building Setbacks B1 From public road right -of -way 35 feet B2 From private road right -of -way, off street parking lot or driveway 20 feet B3 Side (perimeter) 20 feet B4 Rear (perimeter) 25 feet B5 Rear for balconies and decks 20 eet B6 Minimum on -site building spacing: Buildings placed side to side shall have a minimum distance of twenty (20) feet between buildings; buildings placed side to back shall have a minimum distance of thirty -five (35) feet between buildings. Buildings back to back shall have a minimum distance of fifty (50) feet between buildings. C. Minimum Parking C1 Required off street parking 2 per unit D. Height D1 Principal Building (max): 55 feet D2 Accessory Building (max) 20 feet Item #1, Page 14 Part 402 - RP District Proposed Changes J. Multifamily residential buildings. This housing type consists of multifamily buildings with a minimum of four dwelling unit entrances sharing an internal corridor per floor. The entire dwelling unit does not necessarily have to be on the same floor. External corridors are not permitted. Multifamily residential building shall only be located in areas designated in the Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high density residential. Dimensional requirements shall be as follows: A. Lot Dimensions Al Maximum site impervious surface ratio .60 B. Building Setbacks 81 From public road right- of-way ILLget 82 From off street parking lot or driveway 20 eet 83 Side (perimeter) 50 eet 84 Rear (perimeter) 50 feet 85 Rear for balconies and decks 20 get 86 Minimum on -site building spacing: Minimum on -site building spacing. Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. C. Minimum Parking Cl Required off street parking 2 per unit D. Height D1 Principal Building (max): 60 feet provided that a multifamily residential building maybe erected to a maximum of 80 feet if it is set back from road right -of -ways and from lit lines in addition to each of the required minimum yard dimensions, a distance of not less than one foot for each one foot of height that it exceeds the 60 foot limit. D2 Accessory Building (max) 20 eet Item #1, Page 15 Part 402 - RP District Proposed Changes K. Age- restricted multifamily housing "Age- restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age- restricted multifamily housing shall only be permitted within proffered age- restricted developments. Elevator service shall be provided to each floor of age - restricted multifamily housing structures for use by residents and guests. Dimensional requirements shall be as ollows: A. Lot Dimensions Al Minimum lot area 3 acres A2 Maximum site impervious surface ratio .60 A3 Maximum number of units per building 110 B. Building Setbacks 131 From road right -of -way 60 feet B2 From off street parking lot or driveway 5 feet B3 Side (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single - family residences. B4 Rear (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single - family residences. B5 Rear for balconies and decks I May extend 10 feet into a perimeter setback B6 Minimum on -site building spacing: Buildings placed side to side shall have a minimum distance of twenty (20) feet between buildings; buildings placed side to back shall have a minimum distance of thirty -five (35) feet between buildings. Buildings back to back shall have a minimum distance of fifty (50) feet between buildings. C. Minimum Parking C1 Required off street parking 1.5 per unit D. Height D1 Principal Building (max): The maximum structure height for any principal building shall be 40 feet. The Board of Supervisors may waive the forty -foot height limitation, provided that it will not negatively impact adjacent residential uses. In no case shall any principal building exceed 60 feet in height. D2 Accessory Building (max) 20 eet L. Height for other uses. The height for all other uses not otherwise specified shall not exceed 45 feet. M. Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of five feet, except for uses with a required enclosed yard. N. Setbacks for other uses. The following setbacks shall apply to uses not otherwise specified: (1) Front setback shall be 35 feet. (2) Side setbacks shall be 15 feet. Item #1, Page 16 Part 402 - RP District Proposed Changes (3) Rear setback shall be 50 feet. O. Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary of land zoned for business or industrial uses or land currently containing business or industrial uses. P. Pipestem lots. The use of pipestem lots is permitted for single - family detached traditional, single - family detached urban and single - family detached cluster lot types, if all of the following design requirements are met: (1) The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots. (2) Pipestem lots shall have a minimum road frontage of 20 feet. (3) Pipestem lot driveways shall access only one lot. (4) Minimum yards shall be as follows: (a) Front, side and rear yards: 20 feet. (b) Accessory buildings: 20 feet. (c) Side yard of lots adjoining pipestem driveway yard: 15 feet. (5) Pipestem lot driveways shall not adjoin other pipestem driveways. (6) Unless specified differently above, pipestem lots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances. Item #1, Page 17 Part 203 - Buffer and Landscaping Proposed Changes Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 203 — Buffers and Landscaping § 165 - 203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of Frederick County by providing minimum landscaping standards and encouraging tree preservation for developments. The provisions of this section shall apply to all site plan and subdivision design plan applications, including the revision or expansion of any site or development. Note: Subsection "A" is unchanged. B. Plant selection, planting procedure, and maintenance. (1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the table-i+,t of acceptable trees and shrubs shown below: Types of Landscaping Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping (canopy) Interior and perimeter landscaping (shade), Buffer screening and parking lot screening (screen), Deciduous buffer element (street, canopy, shade), buffer shrub element (shrub or screen) Acceptable Trees and Shrubs Common Name Scientific Name Types of Landscaping Permitted Amur Maple Acer ginnala Street, shade, canopy, ornamental European Hornbeam Carpinus betulus Street, shade, canopy, ornamental Hop Hornbeam Ostrya virginiana Street, shade, canopy, ornamental Katsura Tree Cercidiphyllum japonicum Street, shade, canopy, ornamental Ginkgo (male) Ginkgo biloba Street, shade, canopy, ornamental Thornless Honey Locust Gleditsia triacanthos inermis Street, shade, canopy, ornamental Golden -Rain Tree Koelreuteria paniculata Street, shade, canopy, ornamental Flowering Crabapple MaIus (disease resistant varieties) Street, shade, canopy, ornamental Item #1, Page 18 Part 203 - Buffer and Landscaping Proposed Changes Chinese Pistache Pistacia chinensis Street, shade, canopy, ornamental Linden Tilia (all varities) Street, shade, canopy, ornamental Lacebark Elm Ulmus parvifolia Street, shade, canopy, ornamental Japanese Zelkova Zelkova serrata Street, shade, canopy, ornamental Red Oak Quercus rubra Street, shade, canopy, ornamental White Oak Quercus alba Street, shade, canopy, ornamental Scarlet Oak Quercus coccinea Street, shade, canopy, ornamental Sawtooth Oak Quercus acutissima Street, shade, canopy, ornamental Kentucky Coffeetree Gymnocladus diocus Street, shade, canopy, ornamental Dawn Redwood Metasequoia glyptostroboides Street, shade, canopy Swamp Chestnut Oak Quercus michauxii Street, shade, canopy Willow Oak Quercus phellos Shade, canopy, ornamental Bald Cypress Taxodium distichum Street, shade, canopy Red Maple Acer rubrum Shade, canopy, ornamental Freeman Maple Acer freemanii Shade, canopy, ornamental Sugar Maple Acer saccharum Shade, canopy, ornamental Paperbark Maple Acer griseum Shade, canopy, ornamental American Sycamore Platanus occidentallis Shade, canopy, ornamental London Plane Tree Platanus acerifolia Shade, canopy, ornamental Sweetgum Liquidambar styraciflua Shade, canopy, ornamental Copper Beech Fagus sylvatica 'Riversii' Shade, canopy, ornamental Weeping Beech Fagus pendula Shade, canopy, ornamental European Beech Fagus sylvatica Shade, canopy, ornamental River Birch Betula nigra Shade, canopy, ornamental Item #1, Page 19 Part 203 - Buffer and Landscaping Proposed Changes Star Magnolia Magnolia stellata Shade, canopy, ornamental Saucer Magnolia Magnolia x soulangiana Shade, canopy, ornamental Black Gum Nyssa sylvatica Shade, canopy, ornamental Yellowwood Cladrastis kentukea Shade, canopy, ornamental Downy Serviceberry Amelanchier arborea Shade, canopy, ornamental Hawthorn Crataegus plaenopyrum, Crataegus viridis Shade, canopy, ornamental Sourwood Oxydendrum arboreum Shade, canopy, ornamental Tuliptree Liriodendron tulipifera Shade, canopy, ornamental Paw Paw Asimina triloba Shade, canopy, ornamental Dogwood Cornus florida, Cornus kousa, Cornus hybrid Shade, ornamental Flowering Cherry Prunus (all varieties of Flowering Cherry) Shade, ornamental Cornelian Cherry Cornus mas Shade, ornamental Eastern Redbud Cercis canadensis Shade, ornamental American Plum Prunus americana Shade, ornamental Japanese Maple Acer palmatum Shade, ornamental Douglas Fir Pseudotsuga menziesii Screen, ornamental White Fir Abies concolor Screen, ornamental Spruce Picea (all varieties) Screen, ornamental Japanese Umbrella Pine Sciadopitys verticillata Screen, ornamental Hinoki False Cypress Chamaecyparis obtusa Screen, ornamental White Pine Pinus strobus Screen, canopy Western Arborvitae Thuja plicata Screen, ornamental Eastern Arborvitae Thuja occidentalis (all varieties) Screen, ornamental Item #1, Page 20 Part 203 - Buffer and Landscaping Proposed Changes Leyland Cypress Cupressocyparis x leylandi Screen, ornamental Japanese Cedar Cryptomeria iaponica Screen, ornamental Viburnum (Evergreen) (all evergreen /semi - evergreen varieties Screen, ornamental, shrub Yew Taxus (all varieties) Screen, ornamental, shrub Holly Ilex (all varieties) Screen, ornamental, shrub Common Boxwood Buxus sempervirens Screen, ornamental, shrub Juniper Juniperus (all varieties) Screen, ornamental, shrub Abelia (All varieties) Screen, ornamental, shrub Witchhazel Hamamelis vernalis Ornamental, shrub White Fringetree Chionanthus virginicus Ornamental, shrub Slender Deutzia Deutzia gracilis Ornamental, shrub Althea Hibiscus syriacus Ornamental, shrub Vicary privet Ligustrum x vicar yi Ornamental, shrub Sweet Mockorange Philadelphus coronarius Ornamental, shrub Japanese pieris Pieris iaponica Ornamental, shrub Cotoneaster (All varieties) Ornamental, shrub Spirea (All varieties) Ornamental, shrub Weigela (All varieties) Ornamental, shrub Forsythia (All varieties) Ornamental, shrub Dwarf Fothergilla Fothergilla gardenii Ornamental, shrub Buttonbush Cephalanthus occidentalis Ornamental, shrub Japanese pagodatree Sophora iaponica Ornamental, shrub Chastetree Vitex agnus - castus Ornamental, shrub Standard Nandina Nandina domestica Ornamental, shrub Item #1, Page 21 Part 203 - Buffer and Landscaping Proposed Changes Purple Plum Prunus cerasifera Ornamental Crape Myrtle Lagerstroemia indica Ornamental Persian parrotia Parrotia persica ornamental Hydrangea (all varieties) Ornamental Mugo pine Pinus mugo Ornamental Itea (All varieties) Ornamental Aronia (All varieties) Ornamental Clethra (All varieties) Ornamental Azalea Rhododendron (All varieties) Ornamental Rhododendron (All varieties) Ornamental Northern Bayberry Myrica pensylvanica Ornamental Meyer Lilac Syringa meyeri 'Palibin' Ornamental (2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. b) Deciduous trees shall be a minimum of two -inch caliper at the time of planning. c) Only single stem trees shall be planted as street trees. d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three - gallon container at the time of planting. In addition to the three - aallon container requirement, parkina lot screenina shrubs shall be a minimum of 36 inches in height at time of planting and buffer shrubs shall be a minimum of 18 inches in height at time of planting. Spacing of parking lot screening shrubs shall be no greater than four (4) feet on center. e) Only trees having a mature height of less than 20 feet shall be located under overhead utility lines. f) Measurement of Size. Caliper is measured six (6) inches above the around up to and including four (4) inch caliper size, and twelve (12) inches above the around for larger sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal. § 165 - 203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be Item #1, Page 22 Part 203 - Buffer and Landscaping Proposed Changes buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. C. Residential separation buffers. Residential separation buffers shall be established to adequately buffer different housing types from dissimilar housing types within adiacent separate developments The requirements for residential separation buffers are as follows: (1) When placed adjacent to one another, developments with different housing types shall provide the following residential separation buffers: MINIMUM RESIDENTIAL SEPARATION BUFFER AREA REQUIRED Proposed Use /Development Adioining Existing Use /Development Inactive (Minimum) Active (Maximum) eet 1 2 3 4 5 1. Single- family detached 25 Full Screen A_ B B 2. Single- family zero lot line or small lot - - A B B 3. Multiplex or townhouse B 8 z B B 4. Garden Apartment or Multifamily buildings C _C B Landscape Screen A_ S. Age- restricted multifamily C C C - 75 (2) Buffers shall be placed between the lot line of the proposed housing type and the lot line of the existing adioining use or development. When placed on individual lots, the buffer shall be located within a permanent landscape easement and shall be maintained by the homeowners association. (3) When age- restricted multifamily housing adioins other housing types, the evergreen element of the residential separation buffer shall be planted at a height of six feet. (4) When existing mature woodlands are located within the entire buffer area (total distance if active and inactive buffer), preservation of that woodland will be allowed to substitute for the required plant material. (5) Housing types contained within a mixed use development as outlined in the Comprehensive Plan or developments that contain a mixture of housing types but approved with the same Master Development Plan shall not require residential separation buffers between housing Item #1, Page 23 BUFFER AREA WIDTH AND PLANT REQUIREMENTS Type Inactive (Minimum) Active (Maximum) eet Total eet Screen Type eet A_ 15 10 25 Full Screen A 30 20 50 Landscape Screen A_ 75 25 100 No Screen B 30 20 50 Full Screen B 45 30 75 Landscape Screen B 75 25 100 No Screen _C 75 25 100 Full Screen C 100 50 150 Landscape Screen C 150 50 200 No Screen (2) Buffers shall be placed between the lot line of the proposed housing type and the lot line of the existing adioining use or development. When placed on individual lots, the buffer shall be located within a permanent landscape easement and shall be maintained by the homeowners association. (3) When age- restricted multifamily housing adioins other housing types, the evergreen element of the residential separation buffer shall be planted at a height of six feet. (4) When existing mature woodlands are located within the entire buffer area (total distance if active and inactive buffer), preservation of that woodland will be allowed to substitute for the required plant material. (5) Housing types contained within a mixed use development as outlined in the Comprehensive Plan or developments that contain a mixture of housing types but approved with the same Master Development Plan shall not require residential separation buffers between housing Item #1, Page 23 Part 203 - Buffer and Landscaping Proposed Changes types contained within the same development. The Zoning Administrator may require residential separation buffers when a Master Development Plan is revised and the housing types are modified after construction has already commenced within the development. Residential separation buffers shall be required when different housing types are placed adiacent to a mixed use or Master Planned development or if the development abuts different housing types within a separate development. (6) The Board of Supervisors may waive, reduce and /or modify the residential separation buffer requirements (distance or landscaping) if the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective. (7) The Board of Supervisors may waive, reduce and /or modify the residential separation buffer requirements (distance or landscaping) when utility conflicts preclude the installation of the buffer and would result in unnecessary or otherwise unreasonable hardship to the developer. Note: Subsection "D" is unchanged. E. Road efficiency buffers. The purpose of these requirements are to provide protection for residential structures from any street classified as a collector road or higher while still providing an attractive view of the residential neighborhoods from maior roadways. It is not the intent of these regulations to provide uniform linear strips of completely opaque screening but to provide an attractive view of residential neighborhoods from maior streets and ensure adequate buffering for the residential neighborhood from the street. (1) All residential structures shall be separated from interstate, limited access, primary, major arterial, minor arterial or major collector roads, as designated by the Virginia Department of Transportation or the Frederick County Comprehensive Plan, by the following road efficiency buffers: Distance Buffer Required Road Classification Inactive (minimum) (feet) Active (maximum) (feet) Total (feet) Screen Type Interstate/ arterial/ limited access Full- distance buffer 50 50 100 Landscape Screen Reduced - distance buffer 40 40 80 Full Screen Major collector Full- distance buffer 40 40 80 Landscape Screen Item #1, Page 24 Part 203 - Buffer and Landscaping Proposed Changes Reduced - distance 40 10 50 Full Screen buffer (2) All road efficiency buffers shall begin at the edge of the road right -of -way, with the inactive portion abutting the road right -of -way. All required elements of the full- distance buffer or the reduced - distance buffer shall be located within the inactive portion of the road efficiency buffer. Maintenance of the road efficiency buffer shall be in accordance with § 165- 203.018(3). The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. (3) All road efficiency buffers shall contain landscaping, evergreen trees intended to reach a minimum height of 20 feet at maturity. (4) The Zoning Administrator may allow alternative landscaping near entrance drives to ensure safe sight distances. (5) The Zoning Administrator may waive, reduce and /or modify the road efficiency buffer yard requirements if in his opinion the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective. (6) When existing mature woodland, when supplemented by new vegetation if needed, is located within the entire buffer area and meets the intent of this section, preservation of that woodland will be allowed to substitute for the required plant material and the opaque screening. Item #1, Page 25 Parts 101 & 201 Proposed Changes ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101– General Provisions § 165 - 101.02 Definitions & word usage. BUILDING HEIGHT - The ve rti ca l „f a s tr„� +„r rnea r frern the .,. eaA level „f the , F961R „RdiRg the 46ieWFe +„ i highest peg Rt The vertical distance from the average finished grade at the front of the structure to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs. For structures that include appurtenant or other accessory roof features the height shall be measured from the average finished grade at the front of the structure to the highest point of the feature. DWELLING - A residential structure or portion thereof which is used exclusively for human habitation. A. DWELLING, MULTIFAMILY — .A. S+.,,e +„Y „ e d eF d Re d +„ be eeeup b twe A building or portion thereof containing more than two (2) dwelling units and not classified as a single- family attached dwelling with not more than one (1) family occupying each dwelling unit. 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 — A dwelling with two (2) or more single family dwelling units which are generally joined 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. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201– Supplementary Use Regulations Item #2, Page 1 Parts 101 & 201 Proposed Changes § 165 - 201.02 Setback requirements. F. Extensions into setback yards. The following features may extend into setback yards as described. (3) Porches and related features. In the RA, MH1, and R5 Zoning Districts, b alconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line. [Note: this section is being relocated into the townhouse housing type dimensional requirement section] (6) Storage sheds which are attached to townhouses ;^d' ;hoea "Ak te- phe -Os^s; that can only be accessed through an outer entrance and do not exceed % the width of the dwelling unit may extend 10 feet into a rear or perimeter setback area or the active portion of a required buffer area. Item #2, Page 2 COUNTY of FREDERICK Department of planning and Development MEMORANDUM ]'AX: 5401665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner Subject: Discussion — Zoning and Subdivision Ordinance Waivers Date: June 26, 2012 Staff has been asked to review all waiver opportunities contained within the Zoning and Subdivision Ordinances. The review of these waivers is due partly to the Fact that staff has been informed that the Code of Virginia does not allow the Planning Commission to approve deviations from the ordinances; these are only authorized by the Zoning /Subdivision Administrator or the Board of Supervisors. This review will also ensure that the approving body for each waiver opportunity is appropriate. This item has three attachments: 1. Current Planning Commission Waivers — This attachment shows all current Planning Commission waiver opportunities contained within the Zoning and Subdivision Ordinances. Deletions are shown in strikethrough and additions in bold underlined italics. 2. Current board of Supervisors Waivers — This attachment shows all current Board of Supervisors waiver opportunities contained within the Zoning and Subdivision Ordinances. Deletions are shown in strikethrough and additions in bold underlined italics (existing Board of Supervisors waivers that remain unchanged are underlined). 3. Current Zoning/Subdivision Administrator Waivers -- This attachment shows all current Zoning /Subdivision Administrator waiver opportunities contained within the Zoning and Subdivision Ordinances. Deletions are shown in strikethrough and additions in bold underlined italics (existing waivers that remain unchanged are underlined). The three attachments are shown in a table format with the proposed waiver either being changed to a Board waiver or a Zoning /Subdivision Administrator waiver. Each waiver contains an explanation for the reason for the approving body. With each waiver, staff has ensured that applications that must be reviewed by the Board of Su ervisors or waivers that have the otential to im act surrounding properties, have been chap ed to show Board waivers and gpl2lications that only require administrative review and a roval have been changed to show Zonin /Subdivision Administrator Up roval, 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 Frederick County Board of Supervisors RE: Waivers June 26, 2012 Page 2 The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on February 23, 2012. The DRRC recommended approval of the changes and recommended it be sent to the Planning Commission for discussion. The item was then presented to the Planning Commission and the Board of Supervisors at a joint work session on May 10, 2012. At the work session, the reasoning behind the proposed changes was discussed; however, the content was not and the Board of Supervisors directed staff to take the amendment to the Planning Commission for further discussion. The Planning Commission discussed these proposed changes on June 6, 2012; the Commission had no changes and forwarded the items to the Board of Supervisors for Discussion. The attached documents show the existing ordinances with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion.. Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Current Planning Commission Waivers 2. Current Board of Supervisors Waivers 3, Current Zoning /Subdivision Administrator Waivers 4. Resolution *Deletions shown in strikethrough and additions shown in bold underlined italics. low, 7Lait ] ATTACHMENT 1 PC Waivers Chapter 165 — Zoning Planning Commission Waivers — Modifications Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Code Section and Waiver Text Administrative BOS Action Approval Required Part 201— Supplementary Use Regulations § 165 - 201.03 Height limitations; exceptions. B. Exceptions to height requirements. X *This waiver has (6) General office buildings in the 132 and 133 Zoning Districts and hotel and motel the ability to buildings in the B2 Zoning District shall be exempt from the maximum height impact adjacent requirement of those zoning districts. In no case shall the height of such residential buildings exceed 60 feet. When such exemptions are proposed adjacent to properties and existing residential uses, the P Commi«ian Board of Supervisors shall therefore should review the site development plan pursuant to the provisions of § 165- be a BOS 203.02A(3). Waiver. § 165 - 201.08 Protection of environmental features. B. All developments which require a master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described: (6) Steep slopes. No more than 25% of steep slopes, as defined, shall be disturbed or regraded. The Zoning Administrator may allow the disturbance of additional small areas where that disturbance will alleviate potential health or safety problems and will not significantly denigrate the overall environmental quality of the site. T he DlaRning C- emmi«iesin may allow the C. In residential developments, the areas of undisturbed environmental features described in § 165 - 201.0813 shall be located in areas of open space. However, the X Zoning Administrator D aRRiRg may allow undisturbed areas to be * Subdivision included in the required setback and yard areas on residential lots when the Phase extent, location, and disturbance of environmental areas make it impractical to *Administrative place the undisturbed areas in common open space. In such circumstances, approval environmental easements, deeds of dedication, final subdivision plats, or other legal instruments approved by the Zoning Administrator shall be required to specify the restrictions to be placed on the environmental areas. 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. (4) Procedure for Adjustments to Parking Requirements. a) Generally, the Plan. iR ; Zoning Administrator may approve X Attachment #1 Page - 1 ATTACHMENT 1 PC Waivers a reduction in required parking spaces. Applications for such a * Site Plan Phase reduction shall be submitted to the Zoning Administrator in conjunction *Administrative with a site plan and include the following: approval 1) A parking demand analysis which substantiates the basis for a reduced number of parking spaces. 2) A plan showing how the parking spaces will be provided on the site. 3) An executed covenant guaranteeing that the owner will provide the additional spaces otherwise required, if t P Gemmissian X UPOR Rd—atien of the Z "d... iRi StFat F after thorough * Site Plan Phase investigation by the Zoning Administrator of the actual utilization of *Administrative parking spaces at the building or complex, decides that the approval approved reduction be modified or revoked. Said covenant shall: i. Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof; ii. Be enforceable by the owner, the parties having beneficial use, and their heirs, successors and assigns or both; iii. Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns or both; and iv. Be recorded in the Office of the Clerk of the Circuit Court. 4) The ZeRiRg Ad;,,;, istratpr will t,hce abow. sempleted Ii d k iica uoi� ana m. -a « � a reeammen atien to t e Banning app i E6mmissl6n. The Planning G . «. .-h -,dditi. na l c. R_ R dit s as are— d2effl• tssaFy t6PrvteEt and aSSUIFe ..I i.,Ree w i th the o bje e tiy es;o f this seet F +. § 165 - 202.03 Motor vehicle access. A. New driveways. (7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do not meet the above spacing requirements shall be allowed only when access meeting the spacing requirements cannot be provided from the arterial highway to the individual property by using one of the following methods: (b) Shared access. When a lot is created on a collector road or arterial highway, shared means of access to the road or highway shall be created by access easement, shared driveway or other means to ensure that the spacing requirements have been met. [1] When a lot is divided or developed that can be provided with a driveway meeting the spacing requirements but that is adjacent to X other parcels or lots that will not be able to have entrances meeting * Subdivision the spacing requirements, means of highway access to the Phase adjoining property may be required by the Zoning Administrator 's+ *Administrative Planning !'..m..-.issian on the lot to be divided or developed. approval B. Alternative methods. Attachment #1 Page - 2 ATTACHMENT 1 PC Waivers (1) The D aRRiRg Gemmi «ieR Zoning Administrator may allow other means of X motor vehicle access which do not meet the above requirements. Such * Site Plan or means may involve the use of entrances which physically limit or restrict left Subdivision Phase turns, methods which ensure one -way travel or other methods. *Administrative approval D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks X X shall be provided in conformance with adopted corridor or walkway plans or *In the case of a *In the case of a approved master development plans. The D aRRiRg G eFAF issien Board o Site Plan or a rezoning or MDP Supervisors may require additional sidewalks or walkways on master plans or the Subdivision Design the BOS could Zoning Administrator may require additional sidewalks or walkways on site Plan the Zoning Administrator require additional plans to promote a general system of pedestrian access in residential neighborhoods or business corridors. could require sidewalks or additional walkways sidewalks or walkways Part 203 — Buffers and Landscaping § 165 - 203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams. (3) Wherever proposed developments are adjacent to or within 1,000 feet of the X boundaries of existing uses, the D aRRiRg Gemmi «ieR Board of Supervisors *This waiver may require increased or additional distance buffers to separate different would need to uses to achieve the intentions of this section. be imposed at a rezoning or B. Screening. Screening is designed to work with distance buffers to lessen the master impact of noise or visual interaction between adjacent activities. There are two development levels of screening: landscape screening and full screening. The higher the level of phase. screening provided, the lower the level of distance buffer required. The example diagrams show how this works. X *This waiver (3) Wherever proposed developments are adjacent to existing uses, the PIaRRiRg would need to Board of Supervisors may require additional landscaping or be imposed at a landscaped easements to separate different uses and to achieve the rezoning or intentions of this section. master development C. Residential separation buffers. Perimeter and interior residential separation phase. buffers shall be established to adequately buffer single - family detached traditional and cluster dwellings from other housing types. The function of the perimeter separation buffer shall be to adequately separate different housing types within adjoining developments, while the interior separation buffer shall adequately separate different housing types within mixed -use developments. Attachment #1 Page - 3 ATTACHMENT 1 PC Waivers The requirements for perimeter and interior residential separation buffers are as follows: (3) Interior residential screening. This buffer shall be designated as a continuous landscaped easement that will be placed between single - family detached traditional and cluster dwellings and other housing types. This landscaped easement shall be at least 10 feet in depth and contain a double row of X evergreen trees. Each row of evergreen trees shall be a minimum of four * Site Plan or feet in height at time of planting and spaced no more than eight feet apart. Subdivision Phase If natural barriers, topography or other features achieve the function of an *Administrative interior separation buffer, the requirement may be waived by the Planning approval Zoning Administrator D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (10) When a flex -tech development is split by a zoning district line, the P i Rg Zonina Administrator may allow for a reduction of the distance buffer and the relocation of the screening requirements. Such modifications X shall be allowed at the Zonina Administrators discretion, * Site Plan Phase provided that all of the following conditions are met: *Administrative approval (a) The zoning district boundary line for which the modification is requested is internal to the land contained within the master development plan. (b) The required landscape screen is relocated to the perimeter of the flex - tech development. This relocated landscape screen shall contain the same plantings that would have been required had the screen been placed along the zoning district boundary line. E. Road efficiency buffers. (3) All road efficiency buffers shall contain evergreen trees intended to reach a minimum height of 20 feet at maturity. These evergreen trees shall provide a continuous screen, with plantings spaced no more than 10 feet apart. The full- distance buffer shall contain a double row of evergreen trees that are a minimum of four feet in height when planted. The reduced - distance buffer shall contain an earth berm that is six feet in X height above the average road grade and shall contain a single row of * Site Plan or evergreen trees that are a minimum of four feet in height when planted. Subdivision Phase Alternative landscaping may be permitted near entrance drives to ensure *Administrative safe sight distances. The Planning !'.. issien Zoning Administrator may approval allow for alternative designs which meet the intent of the section in the event of topography or sight distance constraints. Part 204 — Additional Regulations for Specific Uses § 165 - 204.06 Flex -tech uses. C. All flex -tech developments shall adhere to a site plan that has been approved by the Frederick County Zoning Administrator and complies with the requirements set forth in this chapter and to the following flex -tech design standards: (2) Site layout requirements. Attachment #1 Page - 4 ATTACHMENT 1 PC Waivers (a) Loading bays. [1] All loading bays shall be located so that they are not visible from road rights -of -way. All loading bays shall be screened from view by the building, landscaping, walls or decorative fencing. [2] Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building, unless parked in screened areas not visible from adjacent road rights -of -way or properties. [3] The P l ann i ng Comm Zoning Administrator may waive any and X all of the loading bay location and screening requirements when a * Site Plan Phase site is bordered by two or more road rights -of -way. In no case shall a *Administrative loading bay be visible from an arterial or collector road, as identified approval by the Frederick County Comprehensive Policy Plan. § 165 - 204.11 Landfills, junkyards, trash disposal, and inoperable vehicles. Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by the zoning district regulations of this chapter. Where allowed, such uses shall meet all requirements of the Frederick County Code and applicable state and federal regulations. B. A minimum buffer of 600 feet shall be maintained on parcels containing a landfill adjacent to properties containing residences or properties zoned RP Residential X Performance, MI-11 Mobile Home Community, R4 Residential Planned *This Community or R5 Residential Recreational Community. Such buffers shall be requirement has along the boundary of the property adjacent to the properties so zoned or the ability to containing the residences. In addition, the P Commission Board of impact adjacent Supervisors may require landscape screening or full screening in the buffer as residential described by this chapter. If a residential development is established adjacent to properties and an existing landfill, a Category C buffer shall be placed on the land containing the therefore should residential development. In no case shall residences be placed within 600 feet of be a BOS a landfill. Waiver. § 165 - 204.14 Sewage treatment facilities. B. A minimum buffer of 600 feet shall be maintained on parcels containing sewage X treatment facilities adjacent to properties containing residences or properties *This zoned RP Residential Performance, MI-11 Mobile Home Community, R4 requirement has Residential Planned Community or R5 Residential Recreational Community. Such the ability to buffers shall be along the boundary of the property adjacent to the properties so impact adjacent zoned or containing the residences. In addition, the °'.,... iR GemF..;..,.",.. Board residential of Supervisors may require landscape screening or full screening in the buffer as properties and described by this chapter. If a residential development is established adjacent to therefore should an existing sewage treatment facility, a Category C buffer shall be placed on the be a BOS land containing the residential development. In no case shall residences be Waiver. placed within 600 feet of a sewage treatment facility. § 165 - 204.19 Telecommunication facilities, commercial. B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties: (1) The Planning !'..mmission Board of Supervisors may reduce the required setback X distance for commercial telecommunication facilities as required by CUP and BOS Attachment #1 Page - 5 ATTACHMENT 1 PC Waivers § 165- 201.03B(8) of this chapter if it can be demonstrated that the Administrative Review Required location is of equal or lesser impact. When a reduced setback is Approval Required requested for a distance less than the height of the tower, a certified § 165 - 401.02 Permitted uses. Virginia engineer shall provide verification to the Planning !'.. i Structures and land shall be used for one of the following uses: Board of Supervisors that the tower is designed, and will be S. Oil and natural gas exploration, provided that the following requirements are met: constructed, in a manner that if the tower collapses for any reason the (1) All requirements of the Code of Virginia, as amended, and all applicable collapsed tower will be contained in an area around the tower with a federal, state and local regulations shall be met. radius equal to or lesser than the setback, measured from the center (2) A site plan shall be reviewed and approved meeting all requirements of the line of the base of the tower. In no case shall the setback distance be Frederick County Code. reduced to less than 1/2 the distance of the tower height. Commercial (3) Approval of the site plan and use shall be for 90 days, with subsequent telecommunication facilities affixed to existing structures shall be renewals being approved by the Planning ! ....-... issien Board of Supervisors. exempt from setback requirements, provided that they are located no § 165 - 401.06 Permitted lot sizes. closer to the adjoining property line than the existing structure. The following types of lots shall be permitted: § 165 - 204.21 Truck or fleet maintenance facilities and truck rental and leasing X facilities, without drivers. * Site Plan Phase X F. The D aRRiRg GempAission Zoning Administrator may require additional buffers *Administrative * Subdivision and screening other than those defined in § 165 - 203.02 of this chapter. approval Phase § 165 - 204.23. Welding Repair (SIC 7692). disruption could be achieved by allowing two residual parcels to be created, X A. Welding repair operations in the RA (Rural Areas) District, shall meet the the D aRRaRg Gemm « Zoning Administrator may permit the 60% to be CUP and BOS following requirements: made up of two parcels. Review Required (1) The P l ann i ng Comm Board of5upervisors may require buffer and Part 402 — RP Residential Performance District § 165 - 402.07 Open space requirements. screening elements and /or distance when deemed necessary to protect existing adjacent uses. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Code Section and Waiver Text Administrative BOS Action Approval Required Part 401— RA Rural Areas District § 165 - 401.02 Permitted uses. Structures and land shall be used for one of the following uses: S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. X (2) A site plan shall be reviewed and approved meeting all requirements of the Due to the use Frederick County Code. the BOS should (3) Approval of the site plan and use shall be for 90 days, with subsequent renew these renewals being approved by the Planning ! ....-... issien Board of Supervisors. plans. § 165 - 401.06 Permitted lot sizes. The following types of lots shall be permitted: C. Rural preservation lots. (2) Exception to the Rural Preservation Tract. In cases where excessive X topography or other natural features of a site create a situation where a * Subdivision higher quality subdivision design, resulting in less physical and /or visual Phase disruption could be achieved by allowing two residual parcels to be created, *Administrative the D aRRaRg Gemm « Zoning Administrator may permit the 60% to be approval made up of two parcels. Part 402 — RP Residential Performance District § 165 - 402.07 Open space requirements. Attachment #1 Page - 6 ATTACHMENT 1 PC Waivers A. A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners association or to Frederick County. Open space shall be dedicated to Frederick County only with the approval of the Board of Supervisors. The Plannin X man Board of Supervisors may allow public libraries and public schools to Master be located within areas designated as common open space, provided that the Development proposed facilities are indicated on the original master development plan for the Plan Review residential development. During the review of the master development plan, the Required P Cammission Board of Supervisors shall ensure that the location of a proposed public library or public school is appropriate and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below: C. In developments containing only single - family detached urban housing or single - family detached urban housing mixed with single - family detached traditional housing, the required open space may be waived by the Board of Supervisors The X open space requirement shall only be waived when the required open space is Master less than one acre. shall 192 gFaRted by the nd....iRiStFateF Development ndatieR by the D1.,.,. iR G„ m i s i . Such waiver shall not include open Plan Review space provided to meet environmental requirements. Required § 165 - 402.08 Recreation facilities. A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single - family small lot housing shall provide a community center that provides for the equivalent of three age - appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they X are designed to serve. The design and amount of facilities shall be approved by * Subdivision the P�ann Commission, in sen7unstien viit the Zonina A ministrator in Phase coniunction with a-R4 the Department of Parks and Recreation, using the following *Administrative recreational unit as a guideline. The design of such facilities shall be approved at approval the time of site plan review. Part 403 — MH1 Mobile Home Community District § 165 - 403.04 Mobile home parks and subdivisions. X C. Streets. Master (2) Private streets in existing mobile home parks. The Planning !'..m....issien Board Development of Supervisors may allow new sections of existing mobile home parks, which Plan Review are currently served by a complete system of private streets, to be provided Required with access using private streets. In such cases, the private streets must meet the following requirements: ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501— R4 Residential Planned Community District § 165 - 501.06 Design requirements. E. Open space. A minimum of 30% of the gross area of any proposed development Attachment #1 Page - 7 ATTACHMENT 1 PC Waivers shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the X development. No more than 50% of the required open space shall be within the Master following environmental areas: lakes and ponds, wetlands or steep slopes. The Development n„-„c « R f °'ann;n� nd c + " °l Board Plan Review o Supervisors may allow a larger amount of steep slopes to be utilized where the Required developer can demonstrate a viable plan for the use of these areas. Open space land shall be dedicated to the property owners' association or to Frederick County. Land shall only be dedicated to Frederick County with the approval of the Board of Supervisors. F. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by X the P FR eeRjuR .v+th the Zoning Administrator in * Subdivision coniunction with aR4 the Department of Parks and Recreation. A recreational unit Phase is designed to meet the recreational needs of 30 dwelling units. The units may be *Administrative broken into smaller units or added together to meet the needs of the planned approval community. Part 502 — R5 Residential Recreational Community District § 165 - 502.05 Design requirements. X D. Commercial areas. Not more than 6% of the gross area of a residential Rezoning /Master recreational community shall be used for commercial uses. Commercial uses Development shall be located in village centers designated on the approved master Plan Review development plan. The DlaRRiRg Board of Supervisors may require Required the submission of a s ed master development plan depicting the type and location of uses, access and circulation patterns within identified village centers. § 165 - 502.05 Design requirements. F. Open space. A minimum of 35% of the gross area of any proposed development X shall be designated as common open space. This open space shall be for purposes Rezoning /Master of environmental protection and for the common use of residents of the Development development. No more than 50% of the required open space shall be within lakes Plan Review and ponds, wetlands or steep slopes. The D aRRiRg Gemmi «ioR Board of Required Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Where age - restricted communities are approved with private streets, a minimum of 45% of open space shall be required. § 165 - 502.05 Design requirements. G. Recreational facilities. One recreational unit or equivalent recreational facilities X shall be provided for each 30 dwelling units. The facilities shall be in a * Subdivision configuration and location that is easily accessible to the dwelling units that they Phase are designed to serve. The design and amount of facilities shall be approved by *Administrative the P�aRning Commission, in sen }unstien ;.vit the Zoning Administrator in approval coniunction with a-R4 the Department of Parks and Recreation. When the single - family small lot housing type is used, the requirements of § 165 - 402.08, Recreational facilities, shall be met. § 165 - 502.05 Design requirements. H. Buffers and screening. Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1 or B2 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in §165- 203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. Attachment #1 Page - 8 ATTACHMENT 1 PC Waivers In addition, along the perimeter boundary of the Residential Recreational Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1 and B2 Zoning Districts. DlanRiRg Cammi«ieR Board of Supervisors may allow alternative methods for achieving buffer and screening requirements and may waive the interior residential screening and road efficiency buffer requirements in age- restricted communities. § 165 - 601.03 Minimum landscaped area X Rezoning /Master Development Plan Review Required § 165 - 502.05 Design requirements. K. Streets. The residential recreational community development shall be provided Minimum landscaped area. In the B2 Business General Zoning District, the Planning with a complete system of public streets dedicated to the Virginia Department of an Board of Supervisors may require that more than 15% of the area of a Transportation. The road system shall conform with the Frederick County site shall be landscaped in order to meet the intent of this chapter. Comprehensive Policy Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community which qualifies as Part 608 — EM Extractive Manufacturing District § 165 - 608.04 Landscaping. an age- restricted community, the DlaRRiRg CempAission Board of Supervisors X may allow for the installation of private streets, provided that all streets This would need X conform to the construction details and materials of the Virginia Department to occur at the Rezoning /Master of Transportation Standards and that a program for the perpetual rezoning or Development maintenance of all streets is provided which is acceptable to the Cammission master Plan Review Board of Supervisors and the Transportation Planner. development Required (2) Within R -5 residential recreation community developments approved prior to 1980, the D aRRiRg Gemmi«ie' Board of Supervisors may allow the extension of existing private roads if no other means of access is available. § 165 - 502.05 Design requirements. M. Alternative access. A combined system of pedestrian and /or bicycle access, in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between every use, structure or recreational facility. Such access shall be connected with existing travelways adjacent to the X residential recreational community development. In age- restricted communities, Rezoning /Master at the time of master development plan approval, the D aRRing C E)FA issien Development Board of Supervisors may allow local streets without sidewalks to be used and Plan Review incorporated into the system of pedestrian and bicycle access. The type and Required nature of trails to be used shall be identified, detailed and approved on the master development plan. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 601— Dimensional and Intensity Requirements § 165 - 601.03 Minimum landscaped area X This would need Minimum landscaped area. In the B2 Business General Zoning District, the Planning to occur at the an Board of Supervisors may require that more than 15% of the area of a rezoning or site shall be landscaped in order to meet the intent of this chapter. master development plan phase. Part 608 — EM Extractive Manufacturing District § 165 - 608.04 Landscaping. X This would need Appropriate landscaping or screening may be required by the Zoning "dM i tFatOF O. to occur at the Planning !'....-.mission Board of Supervisors within any required yard setback area in rezoning or order to reasonably protect adjacent uses from noise, sight, dust or other adverse master impacts. development Attachment #1 Page - 9 ATTACHMENT 1 PC Waivers ARTICLE VII OVERLAY DISTRICTS Part 704 – IA Interstate Area Overlay District § 165 - 704.05 District regulations. plan phase. s§ 165 - 608.05 Setback and yard requirements. D. Setback requirements. A. Front setback. (2) Excavations shall be no closer than one hundred feet from any road, street or highway right -of -way. The P Gemmi«ien Board of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the X effective protection afforded to adjacent properties has not been reduced. *All four of these waivers B. Side and rear setbacks. All principle and accessory structures shall be set back at have the ability least 25 feet from any side or rear property boundary. to impact adjacent (1) No structure shall be closer than 100 feet from any property line zoned RA, residential RP, R4, R5 or MI-11. The DIaRRiRg CempAi° °i^^ Board of Supervisors may properties and reduce this required setback to 50 feet if it determines that, through the use therefore should of measures, such as landscaping or screening, the effective protection be a BOS afforded to adjacent properties has not been reduced. waivers. (2) Excavations shall be no closer than one hundred feet from any property zoned RA, RP, R4, R5 or MI-11. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. The Planning Board of Supervisors may reduce these required setbacks to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. * *The DRRC recommended that this waiver option be deleted. ** (3) All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If such equipment is fully enclosed within a building which maintains the effective protection afforded adjacent properties, the °gig— Ee,AFRiss+en Board of Supervisors may reduce this yard requirement to a minimum of 200 feet. Part 609 – HE Higher Education District § 165 - 609.04 Buffers and screening. X A. The Planning !'....-.mission Zoning Administrator may require distance buffers, as * Site Plan Phase defined in § 165- 203.02A of this chapter, on lots which abut land in any *Administrative residential district or land in other zoning districts which are predominantly approval residential in nature. The size and content of the buffers shall be based on the amount of separation needed. X B. The Planning !'..mmissien Zoning Administrator may require landscaped screens * Site Plan Phase or full landscaping, as defined by § 165 - 203.0213 of this chapter, to separate uses *Administrative in this district from adjoining residential uses and to achieve the intentions of this approval chapter. ARTICLE VII OVERLAY DISTRICTS Part 704 – IA Interstate Area Overlay District § 165 - 704.05 District regulations. X D. Setback requirements. *This waiver has the ability to Attachment #1 Page - 10 ATTACHMENT 1 PC Waivers (3) The D1.,....;..,, " " Board of Supervisors may waive any portion of the impact adjacent setback described in §165- 704.05D(2) if it can be demonstrated that the properties and setback requirement cannot be met due to the irregular size or shape of the therefore should parcel. be a BOS Waiver. ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901— Nonconforming Uses, Structures and Signs. § 165 - 901.06 Restoration or replacement. X It is the intention of Frederick County, through its Comprehensive Plan and the *This waiver has If a legally nonconforming use or structure is destroyed or damaged in any manner, it the ability to may be repaired or restored, provided any such repair or restoration is completed impact adjacent within 12 months from the date the legally nonconforming use or structure was properties and destroyed or damaged. The Board of Supervisors P Cammi«ion may approve a therefore should waiver to allow an extension up to 18 months from the date the legally nonconforming be a BOS use or structure was destroyed or damaged if requested by the owner. All legally Waiver. nonconforming signs that are destroyed or damaged in any manner may be repaired a safety issue or restored only if all work is completed within six months from the date the legally and therefore nonconforming sign was destroyed or damaged. should not be Chapter 144 — Subdivision of Land Planning Commission Waivers — Modifications ARTICLE V - Design Standards § 144.17. Streets. It is the intention of Frederick County, through its Comprehensive Plan and the following standards, to ensure that an adequate network of streets is created which provides multiple access points to subdivisions. All proposed subdivision streets shall be public streets dedicated to Frederick County for eventual acceptance into the state secondary road system and shall meet the following design standards, as well as the X subdivision street requirements of the Virginia Department of Transportation. Where *This wavier conflicts occur, the more restrictive requirement shall apply. could constitute D. Intersections. a safety issue (1) Streets shall intersect at approximately right angles. The PIaRRiRg and therefore men Board of Supervisors may allow intersections of lesser should not be angles. In no case shall a street intersect another at an angle of less administrative. than 80 degrees. § 144.17. Streets. G. Culs -de -sac. (1) Culs -de -sac, permanently designed as such, shall not exceed 1,000 X feet in length unless required by the Virginia Department of *This wavier Transportation standards for connectivity. The PIaR. iR r ;« �� could constitute Board of Supervisors may waive this requirement in cases where a safety issue extreme topography or other factors make it impractical. In no case and therefore shall the street serve more than 25 lots. The turnaround provided should not be shall have a right -of -way radius of not less than 50 feet and a paved administrative. radius of not less than 45 feet. Loop streets are preferred to culs -de- sac, where possible. [Amended 12 -9 -2009] Attachment #1 Page - 11 ATTACHMENT 1 PC Waivers § 144.17. Streets. L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any subdivision containing lot(s) less than 15,000 square feet or X lot widths of 80 feet or less at the street. The subdivider shall determine the * Site Plan or curb cuts necessary for entrance locations for any subdivision that requires Subdivision Plan curbs and gutters at the subdivision design plan stage. The P Phase Subdivision Administrator may allow for alternatives to curbs *Administrative and gutters where it is determined that improved stormwater management, approval such as reduced concentration of peak flow for a drainage shed, would be achieved without it. Such alternatives shall only be permitted when acceptable to the Subdivision Administrator and when approved by the Director of Public Works. § 144.17. Streets. M. Street signs. Street signs shall be required at all street intersections in all subdivisions. Signs other than those conforming to typical Virginia X Department of Transportation standards may be permitted by the Planning * Site Plan or Subdivision Administrator if the size and design are deemed Subdivision Plan appropriate. The subdivider shall submit a maintenance plan for any sign that Phase does not conform to Virginia Department of Transportation standards, which *Administrative must be approved by the P Gemmi«ien Subdivision Administrator approval No occupancy permit will be issued for any dwellings within a subdivision prior to the placement of required street signs serving those residences. § 144.19. Streetlights. X Streetlights of adequate type and intensity shall be required to promote This could occur public health and safety in any subdivision in the RP (Residential at the rezoning Performance), R4 (Residential Planned Community), R5 (Residential or master Recreational Community) Districts and residential areas in the MS (Medical development Support) Districts. Streetlights shall be provided at all intersections. The plan phase. design proposal for streetlighting shall be approved by the Subdivision *Also a safety Administrator. The D1.,.,.,;..,, G,. m i -sieR Board of Supervisors may waive the issue. requirement for streetlights. § 144.21. Stormwater management. [Amended 12 -11 -1991] B. In addition, a stormwater management plan for a land development project shall be developed so that, from the site, the postdevelopment peak runoff rate from a two -year storm and a ten -year storm, considered individually, shall not exceed the predevelopment rates. Predevelopment and postdevelopment runoff rates shall be verified by calculations that are X consistent with good engineering practices, County and state standards and * Site Plan or acceptable to Frederick County. The NaRRiRg Subdivision Subdivision Plan Administrator s4a4 may subdivisions in which all lots are 15,000 Phase square feet or more in area from the above requirements this waiver shall *Administrative only be permitted when acceptable to the Director of Public Works. In such approval cases, the exempted subdivision shall meet the requirements of the State Erosion and Sediment Control Regulations, VR 625- 03 -22, Paragraph 19. (6) Regional facilities. (a) Where land to be subdivided lies within a watershed designated by the Frederick County Comprehensive Plan as one in which the most efficient stormwater management would be achieved through regional stormwater facilities, the subdivider shall contribute a pro rata share of the cost of the necessary drainage facilities which may be outside the limits of the land owned or Attachment #1 Page - 12 ATTACHMENT 1 PC Waivers controlled by the subdivider but which are required, at least in X part, by the proposed improvements, as provided for in § 15.2- * Site Plan or 2245.1 of the Code of Virginia. In such cases, the Planning Subdivision Plan Subdivision Administrator may waive some or all of Phase the stormwater management requirements in this section when *Administrative acceptable to the Director of Public Works. approval § 144.25. Utilities and easements. B. Underground utilities. All electric, telephone and cable television lines shall be installed underground. This requirement may be waived by the Planning X tea,, Board of Supervisors for subdivisions and lots in business and This could occur industrial zoning districts not requiring an approved master development plan at the rezoning or subdivisions in business and industrial zoning districts that were approved or master prior to the adoption of this chapter. Underground utilities shall be required development in new industrial parks, office parks and shopping centers, as defined by plan phase. Chapter 165, Zoning, of the Frederick County Code. Und eFgFOWRE I " b . p � �.h.d �..���.,..� Z e d 91 /Al b er h oo d R-- .., «1 -; hall g L. Attachment #1 Page - 13 ATTACHMENT 2 BOS Waivers Chapter 165 — Zoning Board of Supervisors Waivers — Modifications Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Code Section and Waiver Text Administrative BOS Action Approval Required Part 202 — Off - Street Parking, Loading and Access § 165 - 202.04 Streets; Inter - parcel connectors. All residential subdivisions of more than 10 lots in the RP, R -4, R -5, and MS (with X residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If *Waiver adjoining parcels are developed or have had a subdivision plat approved, the proposed to connecting street shall coordinate with the existing or platted streets in the adjoining remain as is. parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) approved by the Board of * This waiver Supervisors. This requirement for inter - parcel connector streets may be waived by would need to the Board of Supervisors upon approval of the Master Development Plan (MDP) if the be imposed at Board finds: i) that a connector street to an adjoining parcel is not likely to be the master needed; ii) that the connector street would be required to be placed in a location development which is impractical for location of a street; iii) that an adjoining undeveloped parcel phase. is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter - parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. Part 203 — Buffers and Landscaping § 165 - 203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: X *Waiver (3) Whenever land is to be developed in the B -1 (Neighborhood, Business) or B -2 proposed to (Business, General) Zoning District that is adjacent to land primarily used for remain as is. residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall be provided on the land to be developed. The Board of Supervisors may *This waiver grant a waiver to reduce the required buffer distance requirements with the could impact consent of the adjacent (affected) property owners. Should a waiver be adjacent granted by the Board of Supervisors, the distance requirements of § 165- residential 203.02D(1)(a) may be reduced, provided the full screening requirements of properties and this section are met. therefore should be a BOS waiver. Attachment #2 Page - 1 ATTACHMENT 2 BOS Waivers Part 204 —Additional Regulations for Specific Uses § 165 - 204.19 Telecommunication facilities, commercial. The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article I, Part 103 of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. X *Waiver B. The following standards shall apply to any property in which a commercial proposed to telecommunication facility is sited, in order to promote orderly development and remain as is. mitigate the negative impacts to adjoining properties: * This waiver (2) Monopole -type construction shall be required for new commercial would need to telecommunication towers. The Board of Supervisors may allow lattice- be imposed at type construction for new telecommunication towers when existing or the conditional planned residential areas will not be impacted and when the site is not use permit adjacent to identified historical resources. phase. § 165 - 204.24. Tractor Truck and Tractor Truck Trailer Parking. Tractor truck and /or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit shall meet the following conditions: X (6) Facilities shall be required to landscape the yard area within the front *Waiver setback to provide for a double row of evergreen trees (minimum of two proposed to different species). The on- center distance between each tree in the remain as is. staggered double row shall not exceed the widest width of the selected evergreen trees. At no point shall the offset between each evergreen tree * This waiver planted in the staggered double row be less than 90 degrees. The side and would need to rear yards shall be planted with a single row of evergreen trees that are be imposed at planted a maximum of 40 feet on center. All trees shall be a minimum of six the conditional feet in height at the time of planting. The Board of Supervisors may allow use permit for alternative landscaping based on topography and /or adjacent land uses. phase. § 165 - 204.25. Flea Markets. X *Waiver Flea Markets where allowed in the RA (Rural Areas) Zoning District shall meet the proposed to following requirements. remain as is. (6) All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the Conditional Use Permit process * This waiver that all travel aisles and /or parking spaces be paved with a minimum would need to double prime and seal or alternative dust free surface. be imposed at the conditional use permit phase. Attachment #2 Page - 2 ATTACHMENT 2 BOS Waivers ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401— RA Rural Areas District § 165 - 401.06 Permitted lot sizes. C. Rural preservation lots. X *Waiver (3) Board of Supervisors waiver of division restriction. proposed to remain as is. (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D(1) after a period of 10 years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten -year restriction on rezoning § 165 - 401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Setbacks for all lots other than rural preservation lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right -of -way of the street, road or ingress /egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Adjoining Parcel Size Setback (Side and Rear) (feet) 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestral District 200 B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165- 401.07A(2) of this chapter. * This waiver would need to be imposed at the rezoning application phase. Attachment #2 Page - 3 ATTACHMENT 2 BOS Waivers (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right -of -way of any existing state - maintained road and 45 feet from the right -of -way of any existing private ingress /egress easement or state - maintained road constructed to serve the subdivision. (2) Side setback. No principal use or structure shall be located closer than 15 feet X from any side lot line. *Waiver proposed to (3) Rear setback. No principal use or structure shall be located closer than 40 feet remain as is. from any rear lot line. *This waiver C. Board waiver. The Board may allow the above - referenced setbacks to be reduced could impact adjacent residential properties and therefore should if the constraints of the setbacks create an undue hardship on existing parcels of record. Such requests and justification to reduce the setbacks shall be presented to the Planning Commission for a recommendation that is forwarded to the Board of Supervisors. be a BOS Waiver. Part 402 — RP Residential Performance District § 165 - 402.07 Open space requirements. D. The minimum required open space percentages provided in § 165- 402.07A of this X chapter may be reduced for residential developments which provide for active *Waiver recreational areas and amenities, upon the granting of an open space waiver proposed to issued by the Board of Supervisors In no case shall the required open space (per remain as is. § 165- 402.07A) be reduced more than 50% for single - family detached housing types (excluding single family small lot), and no more than 25% for all other * This waiver residential housing types and mixtures. Active recreational areas and amenities would need to shall be incorporated within the development's common open space and be for be imposed at the use of and maintained by the subject development's property owner's the master association. The active recreational area and amenity value shall be equivalent to development the value of four recreational units for each 30 dwelling units. The active phase. recreational area and amenity value and design shall be approved by the Subdivision Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the recreational facilities identified in § 165 - 402.08. The gross density requirements as required in §§ 165 - 402.05 and 165 - 402.06 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided. § 165 - 402.08 Recreation facilities. A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single - family small lot housing shall provide a community center that provides for the equivalent of three age - appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by Attachment #2 Page - 4 ATTACHMENT 2 BOS Waivers the Planning Commission, in conjunction with the Administrator and the § 165 - 501.06 Design requirements. X Department of Parks and Recreation, using the following recreational unit as a X guideline. The design of such facilities shall be approved at the time of site plan I. Road access. All planned community developments shall have direct access to an *Waiver review. arterial or collector road or to roads improved to arterial or collector standards. proposed to (1) The Board of Supervisors may provide a waiver for the community center The planned community development shall be provided with a complete system of remain as is. requirement specified in § 165- 402.08A in single - family small lot subdivisions public streets dedicated to the Virginia Department of Transportation. All roads in that contain less than 25 lots. This waiver may be requested by the applicant the development shall be provided with curbing and gutters. The Reard A # * This waiver during the consideration of the subdivision design plan if no master SupeFYiSeFS— Zoning Administrator may approve certain exceptions to the would need to development plan is required. The applicant is required to demonstrate how requirement for curbs and gutters, ac«e. revie by the DlaRRiRg Gemmi«igR it be imposed at an equivalent recreational value of three recreational units for each 30 determined to be acceptable by the Director of Public Works in order to the master dwelling units, prorated, is being provided within the project, to the County, implement a particular stormwater management plan. The road system shall development or a combination of both as a condition of requesting approval of a waiver by conform with the Frederick County Comprehensive Plan and with road phase. the Board of Supervisors. improvement plans adopted by the County. § 165 - 402.09 Dimensional requirements. Part 502 – R5 Residential Recreational Community District § 165 - 502.05 Design requirements. X X Q. Age- restricted multifamily housing "Age- restricted multifamily housing" is *Waiver *Waiver multifamily buildings where individual dwelling units share a common outside proposed to proposed to access. They also share a common yard area, which is the sum of the required lot remain as is. remain as is. areas of all dwelling units within the building. Age- restricted multifamily housing * This waiver development plan. In such cases, the environmental features and their function shall only be permitted within proffered age- restricted developments. Elevator would need to * This waiver service shall be provided to each floor of age- restricted multifamily housing be imposed at would need to structures for use by residents and guests. be imposed at (8) Maximum building height shall be as follows: the rezoning or (a) The maximum structure height for any principal building shall be 40 feet. master The Board of Supervisors may waive the forty -foot height limitation, development provided that it will not negatively impact adjacent residential uses. In no phase. case shall any principal building exceed 60 feet in height. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501– R4 Residential Planned Community District § 165 - 501.06 Design requirements. X * Subdivision I. Road access. All planned community developments shall have direct access to an Phase arterial or collector road or to roads improved to arterial or collector standards. *Administrative The planned community development shall be provided with a complete system of approval public streets dedicated to the Virginia Department of Transportation. All roads in the development shall be provided with curbing and gutters. The Reard A # *This change SupeFYiSeFS— Zoning Administrator may approve certain exceptions to the would make the requirement for curbs and gutters, ac«e. revie by the DlaRRiRg Gemmi«igR it waiver consistent determined to be acceptable by the Director of Public Works in order to with the recent implement a particular stormwater management plan. The road system shall LID ordinance conform with the Frederick County Comprehensive Plan and with road amendments. improvement plans adopted by the County. Part 502 – R5 Residential Recreational Community District § 165 - 502.05 Design requirements. X R. Environmental protection. Upon recommendation of the Planning Commission, *Waiver the Board of Supervisors may allow waivers of, or variations to, the proposed to environmental requirements of § 165 - 201.08 of this chapter in residential remain as is. recreational communities. Such waivers shall be shown on the master * This waiver development plan. In such cases, the environmental features and their function would need to shall be preserved to the greatest extent possible. be imposed at Attachment #2 Page - 5 ATTACHMENT 2 BOS Waivers ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 609 — HE Higher Education District § 165 - 609.05 Height limitation. the master development phase. Part 504 — MS Medical Support District § 165 - 504.04 Access regulations. X *Waiver The maximum structure height shall be 45 feet. The Board of Supervisors may waive * Subdivision proposed to F. All permitted land uses shall be designed to provide for internal traffic circulation Phase remain as is. and interparcel connectors to adjoining land uses to provide for access between *Administrative * This waiver uses without entering onto urban collector streets. The approval *This waiver Zoning Administrator may grant a waiver to this requirement if topographic could impact constraints or land use conflicts prevent interparcel connectivity or make it adjacent undesirable. properties and ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 609 — HE Higher Education District § 165 - 609.05 Height limitation. X *Waiver The maximum structure height shall be 45 feet. The Board of Supervisors may waive proposed to the 45 foot height limitation provided that it will not negatively impact adjacent remain as is. residential uses. In considering the height waiver, the Board of Supervisors may * This waiver require architectural renderings that demonstrate potential impacts on adjacent *This waiver residential uses. In no case shall any structure exceed 75 feet in height. could impact adjacent properties and § 165 - 705.06 Design standards. therefore should G. Buffers and screening. Buffers and screening shall be provided on each lot or be a BOS parcel on which any use is established according to the requirements of this Waiver. ARTICLE VII OVERLAY DISTRICTS Part 705 — TNDB Traditional Neighborhood Design- Business Overlay District § 165 - 705.04 Use, density, dimensional and intensity regulations. X *Waiver D. A waiver from the maximum front yard setback on collector or minor streets may proposed to be granted by the Board of Supervisors at the time of rezoning to enable areas remain as is. open to the public such as pocket parks and outdoor seating. * This waiver would need to be imposed at the rezoning phase. § 165 - 705.06 Design standards. G. Buffers and screening. Buffers and screening shall be provided on each lot or X parcel on which any use is established according to the requirements of this *Waiver section. proposed to remain as is. (1) Buffers and screening requirements shall be provided as required in § 165- 203.02 of this chapter for the underlying zoning district. Any residential *This waiver dwelling units shall be treated as commercial floor space solely for the could impact purpose of buffers and screening requirements. Zoning district buffers shall adjacent not be required along any existing road rights -of -way which border the residential Attachment #2 Page - 6 ATTACHMENT 2 BOS Waivers development. The Board of Supervisors may grant a waiver to reduce the properties and required buffer distance requirements with the consent of the adjacent therefore should (affected) property owners. Should a waiver be granted, the distance be a BOS requirements of § 165 - 203.02 may be reduced, provided the full screening Waiver. requirements of the section are met. Chapter 144 — Subdivision of Land Board of Supervisors Waivers — Modifications ARTICLE III - General Provisions ARTICLE III - General Provisions § 144.4. Subdivision Administrator [Amended 5 -22 -1996] X A Subdivision Administrator shall be appointed by the Board of Supervisors and The Planning entrusted to enact, administer and enforce the requirements of this chapter. The Commission Subdivision Administrator shall have the powers and duties specified in this chapter does not have as authorized by the Board of Supervisors. The Subdivision Administrator is the ability to authorized to administratively approve or disapprove all divisions of land in the RA approve plats. Rural Areas District and all divisions of land in all other zoning districts that are within an approved master development plan. The Subdivision Administrator shall have the authority to forward any division of land, subdivision design plan or final plat to the P l ann i ng Comm OF Board of Supervisors for final approval. § 144.5. Interpretations and appeals. X The Subdivision Administrator shall have the authority to make interpretations *Waiver concerning the application of the requirements of this chapter. Any person aggrieved proposed to by an interpretation made by the Subdivision Administrator may appeal that remain as is. interpretation to the Board of Supervisors, with a recommendation from the Planning Commission. Variations to or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship. ARTICLE V - Design Standards § 144.17. Streets. B. Street layout. The layout, width, grade, design and location of all streets shall conform to the approved final master development plan, the standards contained in the Frederick County Comprehensive Plan, Virginia Department of Transportation requirements and the following regulations: (2.) Provisions shall be made for the continuation of planned, existing or platted streets on adjoining parcels. The design of such streets shall be coordinated in terms of location, width, grades and drainage. Such continuations shall be made to provide access to adjoining parcels, to provide for streets identified in the Comprehensive Plan and to provide for safe and adequate traffic patterns and access. Such continuations may not be appropriate where they provide for access between substantially different uses or where they will result in adverse traffic impacts on existing neighborhoods or existing traffic patterns and access. Where no lots front on the X road, the BeaFd of SupeFV658FS Zoning Administrator may require * Subdivision the design and grading of the right -of -way to conform to the Phase Virginia Department of Transportation standards with a minimum *Administrative of temporary or permanent seeding. approval C. Lot access. All lots shall abut and have direct access to a public street or right -of -way dedicated for maintenance by the Virginia Department of Attachment #2 Page - 7 ATTACHMENT 2 BOS Waivers Transportation. (1) Multiple- frontage lots. Corner lots with public street frontage on two adjacent sides shall be allowed. Double- frontage lots with public street frontage on two streets that do not intersect at the lot shall be avoided, except where required to prevent direct access to collector or arterial streets. Lots with public street frontage on more than two sides shall be avoided. (2) Multifamily and single - family small lot housing, single - family attached housing and multifamily housing. [Amended 10 -27 -1999; 12 -10 -2008] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [1] Duplexes. [2] Multiplexes. [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [6] Garden apartments. [7] Single- family small lot housing. [8] Age- restricted multifamily housing. (b) When such lots do not abut public streets, they shall abut private roads, parking lots or access easements. The length and extent of private roads, driveways and parking aisles providing access to lots shall be minimized, and public streets shall be provided in larger subdivisions when substantial distances are involved. Individual lots shall be no more than 1,000 feet from a state - maintained road, as measured from the public street along the private access road. The Board of Supervisors may allow lots to be located as much as 1,200 feet from a state - maintained road in cases where enhanced circulation is provided with a driveway loop. (c) The Board of Supervisors may provide a waiver to the public street requirement specified in § 144 -24C to allow for a complete system of private streets within proffered age- restricted communities. This waiver may be requested by the applicant during the consideration of a rezoning application or during consideration of the master development plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provides both the cross section (horizontal and vertical) section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. [Added 3 -22 -2006] X *Both waivers proposed to remain as is. * Both waivers would need to be imposed at the master development phase. Attachment #2 Page - 8 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers Chapter 165 — Zoning Zoning and Subdivision Administrator Waivers — Modifications Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Code Section and Waiver Text Administrative BOS Action Approval Required Part 201— Supplementary Use Regulations § 165 - 201.02 Setback requirements. X *Waiver proposed C. Exceptions to front yard setbacks. Where the average front yard setback distance to remain as is. for adjacent lots is less than the minimum required front yard, the Zoning Administrator may allow a front yard setback distance less than normally *Waiver would required on the lot to be developed. In such cases, the front setback distance for occur at the the lot to be developed shall be the average of the minimum front setback building permit distances on developed lots on the same street or road within 200 feet of the lot phase. to be developed. F. Extensions into setback yards. The following features may extend into setback X yards as described: *Waiver proposed to remain as is. (8) Handicap - accessible ramps. An unroofed handicap - accessible ramp shall be permitted to encroach into a required yard when there are no other *Waiver would reasonable alternatives for the location of such ramp on the property or occur at the other means of ingress /egress into or from the residence as determined by building permit the Frederick County Zoning Administrator. phase. § 165 - 201.06 Signs. X *Waiver proposed F. Minimum spacing between freestanding signs. The minimum distance separating to remain as is. freestanding signs shall be 100 feet. The Zoning Administrator may allow two signs to be separated by less than 100 feet in order to allow the signs to share an X appropriate location. In such cases, the two signs shall be separated from other * Site Plan Phase signs by a distance of 100 feet plus the distance by which the separation between *Administrative the two signs was reduced from the required 100 feet. approval § 165 - 201.07 Outdoor Lighting. A. General Outdoor Lighting Standards. 1. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not X *All three waivers produce glare onto adjacent properties or road right -of -ways. are proposed ed to Parking lot fixtures and light fixtures on buildings shall be full cut- remain is. off fixtures. Within residential developments the Zoning X Administrator may approve alternate parking lot fixtures so long as * Site Plan Phase the intent of this ordinance is met. *Administrative approval 3. Light fixtures, including mounting base, shall not be more than twenty -five (25) feet in height above finished grade. On land in the M1 (Light Industrial), M2 (Industrial General) and EM (Extractive Attachment #3 Page 1 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers Manufacturing) Zoning Districts that is contained within an approved master development plan, the Zoning Administrator may allow light fixtures to exceed 25 feet in height if additional security is required, provided that the site is not adjacent to property used for residential or agricultural uses. In no case shall light fixtures in the M1, M2 and EM Districts exceed 45 feet in height. 4. Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall be placed within landscaped islands or in the perimeter green space of the site. The Zoning Administrator may allow light fixtures to be placed in alternative locations for uses such as motor vehicle display areas or storage areas so long as the intent of this ordinance is met. § 165 - 201.08 Protection of environmental features. X B. All developments which require a master development plan, subdivision design *Waiver proposed plan, site plan, or preliminary sketch plan shall preserve the following to remain as is. environmental features as described: X (6) Steep slopes. No more than 25% of steep slopes, as defined, shall be * Site Plan or disturbed or regraded. The Zoning Administrator may allow the disturbance Subdivision Phase of additional small areas where that disturbance will alleviate potential *Administrative health or safety problems and will not significantly denigrate the overall approval environmental quality of the site. The Planning Commission may allow the disturbance of larger areas of steep slopes. 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. (4) Procedure for Adjustments to Parking Requirements. 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 X parcels, the total requirements for parking and loading facilities *Waiver proposed shall be the sum of the requirements of the various uses to remain as is. computed separately. However, cumulative parking requirements for mixed -use occupancies may be reduced X where the Zoning Administrator determines that the peak * Site Plan Phase requirement of the several occupancies occurs at different *Administrative times (either daily or seasonally), and the parking demand can approval 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 restaurants) located within the same building or a maximum walking distance of 400 feet. Attachment #3 Page 2 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers § 165 - 202.01 Off - street parking; parking lots. 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 MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust and gravel -free, hard surface. 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 (10) 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. For single - family attached and multi - family developments, required off - street parking spaces shall be demarcated by four -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 four inch 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. When stormwater drains away from the curb, gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used. All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval Attachment #3 Page 3 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers a. In the B3 Industrial Transition District, the OM Office - Manufacturing Park District, the M1 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. b. 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. c. The Zoning Administrator may allow for the elimination of curb and gutter for 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 gardens 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, 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. 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. (10) The Zoning Administrator may approve alternative parking space size, space demarcation, aisle dimensions and parking islands for areas used for the display 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. (12) 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 X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval Attachment #3 Page 4 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers 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. (13) Landscaping. 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 B3 Industrial Transition District, the OM Office - Manufacturing Park District, the M1 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 RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 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: 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 X shall be provided in the interior of the parking lot for each 10 *Waiver proposed parking spaces. The Zoning Administrator may waive the to remain as is. requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and X gutter is not proposed. The Zoning Administrator may approve * Site Plan or alternative locations for interior landscaping for parking lots Subdivision Phase used for truck parking, as well as other parking lots, when it *Administrative would improve the overall quality of the landscape plan. All approval interior landscaping shall comply with the requirements of § 165- 203.01B, Plant selection, planting procedure and maintenance. § 165 - 202.02 Loading areas. X *Waiver proposed B. Design standards. to remain as is. (4) Surface materials and curb and gutter. Loading areas shall meet the surface X material and curb and gutter requirements for one of the following * Site Plan or categories: Subdivision Phase *Administrative (d) Stormwater management plan and erosion control plan requirements. approval The Zoning Administrator may require curb and gutter and different Attachment #3 Page 5 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers surface materials for loading areas when necessary to implement a stormwater management plan or an erosion control plan. § 165 - 202.03 Motor vehicle access. A. New driveways. (7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do not meet the above spacing requirements shall be allowed only when access meeting the spacing requirements cannot be provided from the arterial highway to the individual property by using one of the following methods: (b) Shared access. When a lot is created on a collector road or arterial highway, shared means of access to the road or highway shall be created by access easement, shared driveway or other means to ensure that the spacing requirements have been met. [1] When a lot is divided or developed that can be provided with a X driveway meeting the spacing requirements but that is adjacent to * Site Plan or other parcels or lots that will not be able to have entrances meeting Subdivision Phase the spacing requirements, means of highway access to the *Administrative adjoining property may be required by the Zoning Administrator ee approval Planning !'.,..-. fission on the lot to be divided or developed. (14) Private roads providing lot access to multifamily and single - family small lot housing, as permitted in §144 -24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The pavement design for the private roads shall include eight inches of aggregate base material, Type I, Size No. 21 -13, X and shall be paved with a 165 No. psy asphalt concrete, Type SM -2A, surface *Waiver proposed treatment. In addition, curb and gutters, standard curb CG -6, CG -7 or roll- to remain as is. top curb and sidewalks shall be provided along private roads; however, the Zoning Administrator may approve a waiver of sidewalks on private streets, X provided that another recreational amenity is substituted for the sidewalk. * Site Plan or Additionally, the Zoning Administrator may waive the requirement for curb Subdivision Phase and gutters and allow alternate pavement design to accommodate low *Administrative impact design provided that the private road design is determined to be approval acceptable by the Director of Public Works. Part 203 — Buffers and Landscaping § 165 - 203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of the citizens of Frederick County by providing minimum landscaping standards and encouraging tree preservation for residential developments. A. Residential developments. Residential developments which require a master development plan, subdivision design plan or site plan shall provide at least one of the three types of landscaping identified below. (1) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights -of -way. Planting Attachment #3 Page 6 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers street trees on the property lines of building lots should be avoided. Two or X more street trees shall be planted on each building lot. The Zoning *All waivers Administrator may allow fewer than two street trees for an individual proposed to building lot if topographical features, utilities, easements, or the width of remain as is. the lot makes it impractical to do so. All street trees shall comply with the requirements of § 165- 203.01B, with the exception that street trees must be X at least two - and - one - half -inch caliper at the time of planting. * Site Plan or Subdivision Phase (2) Ornamental landscaping. *Administrative approval (b) Ornamental trees and shrubs shall comply with the requirements of § 165- 203.01B. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of this section is met. B. Plant selection, planting procedure, and maintenance. (3) Maintenance. The owner, developer, and /or builder who is responsible for planting required landscaping shall be responsible for maintaining it in a state of good health for one year after planting. After one year, from the date occupancy is approved, the individual property owner and /or homeowner's association shall become responsible for maintenance. As long as the intent of this section is met, the Zoning Administrator may waive the requirement for landscaping on individual building lots when a hazard or nuisance exists. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (6) The Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. (7) The Zoning Administrator may waive, reduce and /or modify buffer yard requirements (distance and landscaping) if in his opinion the topography of the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. The buffer may also be modified to maintain highway sight distances. Part 204 — Additional Regulations for Specific Uses § 165 - 204.26. Public Utilities. X A. Public Utilities. Lot requirements for lots used by political subdivisions, *Waiver proposed municipal corporations, the Virginia Department of Transportation, the to remain as is. Frederick - Winchester Service Authority, or the Frederick County Sanitation Authority for public utility purposes shall be as follows: X (1) In all zoning districts, the Zoning Administrator shall have the * Subdivision authority to determine the minimum lot size necessary for such public Phase utilities and the appropriate setbacks for such lots used for public *Administrative utility purposes. approval Attachment #3 Page 7 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers ARTICLE V PLANNED DEVELOPMENT DISTRICTS I Part 502 — R5 Residential Recreational Communitv District I § 165 - 502.05 Design requirements. X B. Dimensional requirements. *Waiver proposed (3) Existing lots. The Zoning Administrator may allow reduced yard setbacks on to remain as is. existing lots of record, by a distance of up to 25% of the required setback, *Waiver would where topography or other environmental constraints create a hardship. To occur at the be considered a hardship, all conditions specified in § 165- 1001.02C(5) of the building permit Frederick County Zoning Ordinance must be met. phase. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 608 — EM Extractive Manufacturing District § 165 - 608.04 Landscaping. X Off - street parking shall be provided on each lot or parcel on which any use is *Waiver proposed Appropriate landscaping or screening may be required by the Zoning Administrator ee to remain as is. X P Commi«ie-In within any required yard setback area in order to reasonably X protect adjacent uses from noise, sight, dust or other adverse impacts. * Site Plan Phase *This waiver on gross floor area for structures and total land area for uses. Legally *Administrative could impact (3) Required parking spaces for commercial uses shall be in accordance with approval adjacent ARTICLE VII OVERLAY DISTRICTS Part 705 — TNDB Traditional Neighborhood Design- Business Overlay District § 165 - 705.05 Off - street parking; parking lots. Off - street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section. X X does not increase the degree of nonconformity, and does not result in an overall *Waiver proposed A. Required parking spaces. to remain as is. *This waiver on gross floor area for structures and total land area for uses. Legally X could impact (3) Required parking spaces for commercial uses shall be in accordance with * Site Plan Phase adjacent § 165 - 202.01 of this chapter. The Zoning Administrator may allow some *Administrative properties and variation in the standards for required parking for the commercial uses based approval therefore should on detailed parking demand studies provided by the applicant. be a BOS waiver. ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901— Nonconforming Uses, Structures and Signs. § 165 - 901.04 Expansions and modifications. C. All legally nonconforming uses and structures not specified in § 165- 901.04A or § 165 - 901.0413 may expand or modify one time if the expansion or modification X does not increase the degree of nonconformity, and does not result in an overall expansion of more than 2,000 square feet or 50 %. Measurements shall be based *This waiver on gross floor area for structures and total land area for uses. Legally could impact nonconforming residential structures may expand beyond 2,000 square feet or adjacent 50% if the expansion or modification does not increase the degree of properties and nonconformity. The Zenin "d mi st .., F Board of Supervisors may allow the therefore should expansion of legally nonconforming structures and the construction of new be a BOS waiver. structures with the same setback of the existing legally nonconforming structure, provided that all other conditions of the Frederick County Zoning Ordinance are met. Attachment #3 Page 8 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers Chapter 144 — Subdivision of Land Zoning and Subdivision Administrator Waivers — Modifications ARTICLE V Design Standards § 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 and the sidewalk, where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision in the RP X (Residential Performance), R4 (Residential Planned Community), R5 *Waiver proposed (Residential Recreational Community) Districts and residential areas in to remain as is. the MS (Medical Support) Districts. If low impact development *This is a 2012 techniques are utilized within a project, the Subdivision Administrator Ordinance may allow sidewalks to be placed on only one side of a local street amendment 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 X Water Service Area. The Subdivision Administrator may waive the *Waiver proposed sidewalk requirement for one side of a collector road within a master to remain as is. planned industrial park when a 10' asphalt pedestrian facility has been *This is a 2012 or is planned to be constructed on the opposite side of the collector Ordinance roadway, and only in such cases that the sidewalk has been deemed amendment unnecessary along said collector roadway. B. The Subdivision Administrator may waive the sidewalk requirement along X local streets when the pedestrian walkways are provided that allow *Waiver proposed pedestrian access to each lot or use. Such walkways must provide to remain as is. appropriate connections to pedestrian systems throughout the development *Administrative and on adjoining properties. approval C. All sidewalks and walkways shall be a minimum of five feet wide. Sidewalks X shall conform to VDOT standards. Alternative designs and construction *Waiver proposed materials for sidewalks and walkways may be approved by the Subdivision to remain as is. Administrator to accommodate low impact design. These alternative *This is a 2012 designs and materials shall only be permitted when acceptable to the Ordinance Subdivision Administrator and when approved by the Director of Public amendment Works and the Building Official. Attachment #3 Page 9 COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R. Cheran, Zoning Administrator/0A- RE: Public Meeting: Vacation of Right -of -Way of Lessur Lane, Ridge Estates DATE: July 19, 2012 Staff has received a request for the Board of Supervisors to vacate a road right -of -way containing 2.3044 + /- acres within Ridge Estates Subdivision. The request is submitted on behalf of 30ON LLC by Marsh & Legge Land Surveyors, P.L.C. The plat showing vacation of this right -of -way is attached and illustrates the road vacation. The road right -of -way (Lessor Lane) is located in the Ridge Estates Subdivision, which contains fifteen (15) residential building lots (Lots 8 -22). As of this date, none of the lots have been sold or built upon, nor has the road network been constructed. The developer of the project seeps to consolidate the subdivision into one parcel, as depicted on the attached plat, and in doing so no longer needs the public road system. On December 9, 2009, the Board of Supervisors adopted ordinance amendments pertaining to rural subdivisions and adopted a policy regarding the vesting of previously completed sketch plans. Based on the adopted policy, the sketch plan for this rural subdivision appears to have been vested in regards to its density and preservation tract requirements. This vestige would enable the developer to re- establish the subdivision at some future date should he so desire. Staff is seeking administrative approval authority to proceed with this road right -of -way vacation. MRC /bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 am F ` GLEN E, / Q41 'F RUSSELL,. Subdivision „ Subdivision i b1 739 fdSd` 6?ft'3G x739 Q . �3QCb, 44�� _ mfl3 RIDGE ESTATESS anal Subdivision 5fM3 MOM mkt M COTTONWOOD Subdivision Ile Applications Q Parcels E Building Footprints ` 131 (Business, Neighborhood District) 132 (Business, General Distrist) � ul 83 (Business, Industrial Transition District) EM (Extractive Manufacturing District) - ' s HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: Frederick County Dept of Ridge Esfofes Subdision Planning i3 Development vi g 07 N Kent St PINS: $site 202 32 - 24 - 8 thru 32 - 24 - 22 Winchester, VA 22601 540 - 665 - 5651 Map Created: July 19, 2012 Staff: mcheran 0 100 200 400 Feet g , APPLICATION FOR A WAIVER OR ORDINANCE EXCEPTI6 UUi - X012 A' L J FFiiwi'1ENCK COUNTY Pl ANN TI .. nPVP QQAAFAIT Applicant/Agent: Michael M. Artz CIO Marsh & Legge Land Surveyors, PLC Address: 560 North Loudoun Street Winchester VA 22601 Phone Number: 540 - 667 -0468 Property Owner's Name (if different from a licant : Cou nty of Frederick Address: Phone Number. Contact Person ( if different from applicant Phone Number: Waiver request details (include specific ordinance requirements to be waived): Request to Vacate Lessur Lane, Ridge Estates as dedicated in Instrument #060003640 Property Location (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): East Side of Apple Pie Ridge Road 0.4 miles North of Old Baltimore Road Parcel Identification/Location: Existing dedicated street adjacent to TM #32 -24 -8 thru 22 Magisterial District: Stonewall Zoning and Current Use: Zoning District: RA Current Use: Vacant Attachments: Adjoining Property Owners List X — Existing/recorded and Proposed Plats #060003640 "" "For Office Use Only` * ** FEES FOR WAIVER OR ORDINANCE EXCEPTION AND CHECKLIST: Attachments Fxis- tingirecorded and proposed plat(s) T „ Completed adjoining properties info. sheet(s)_ _ _ v Receipt #: Received bv: Date: (Initials) Frederick County Department of Planning and Development 107 North Kent Street • North Building • 2° Floor Winchester, Virginia 22601 Phone: (540) 665 -5651 - Fax: (540) 665 -6395 I List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. Name and Property Identification Number Address Name Integrity Financial Solutions LLC PO Box 2313 Winchester VA 22604 Property # 32- 23-2 -8 Name Robert K. & Sharyn L. Minnick 2787 Apple Pie Ridge Road Property # 32 -A -4A & 32 -24 -4 Winchester VA 22603 Polaris Sight LLC 160 Canterbury Lane E y # 32 -24 -5 & 32 -24 -6 Winchester VA 22603 NameTammi Loving 2721 Apple Pie Ridge Road Property #32 -24 -7 Winchester VA 22603 Name Larry A. Russell 338 Dehaven Drive Property # 32 -A -12 Clearbrook, VA 22624 NameGregory F. Herndon 2536 Apple Pie Ridge Road Property # 32-A-1 3 Winchester VA 22603 Name Robert A. & Pamela M. Pampe 333 Cottonwood Drive Property #32- 17 -4 -1 Winchester VA 22603 Name Edward P. & Anne R. Smith 343 Cottonwood Drive Propert #32-17-4-3 Winchester VA 22603 NameThomas Miller 100 Cotton Ridge Road Property #32-17-4-4 Winchester VA 22603 NameNelson N. & R. Sue Wilson 2185 Welltown Road Propert # 32 -A -51 Clear Brook, VA 22624 NameJudy S. Russell 2619 Woodsode Road Propert # 32 -A -52A & 32 -A -52D Clear Brook VA 22624 Name Property # Name Property # 6: Sand Use Applications, Application Fo=\Boundary Line Adjustment or Lot Consolidation application.wpd Revised 2 7,11 2 MARSH & LEGGE LAND SURVEY ©RS, P.L.0 560 North Loudoun Street, Winchester, VA 22601 a 540- 667 -0468 r Fax: 540- 667 -0469 ■ E- mail: office @marshandlegge.com HAND DELIVERED Mr. Mark Cheran, Subdivision Administrator County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: Lessur Lane and Lots 8 — 22 Ridge Estates Frederick County, Virginia M & L Project No. 8795 Dear Mark: July 17, 2012 E J UL 182012 FRFDFIi�4CK COUNTY Pitt' ,,.,r r)FV ,rr4ENT Request is hereby made to have the Frederick County Board of Supervisors, at their meeting on August 8, 2012, consider vacating the existing right of way known as Lessur Lane situated in Ridge Estates Subdivision. Lessur Lane will be consolidated with existing Lots 8 — 22 of Ridge Estates. I have attached to this letter a copy of the Plat of Consolidation of Lessur Lane and Lots 8 — 22 for your review. Should you have any questions or comments regarding this, please do not hesitate to call. MMAlclh Sincerely, Michael M. Ariz, L.S. Attachment �© R q9 R9jL °QU — «—SITE gyp. C4F4(PR �� o� V 4, VICINITY MAP Hi I" = 5000' Rp APPROVED B FREDERICK COUNTY SUBDIVISION ADMINISTRATOR Y DATE OWNERS CERTIFICATE THE ABOVE AND FOREGOING PLAT OF CONSOLIDATION OF THE LAND OF THE COUNTY OF FREDERICK, WRGINIA AND SOON, LL C, AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH THE THE FREE CONSENT AND IN ACCORDANCF WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS; AND TRUSTEES, IF ANY ON BEHALF OF THE COUNTY OF FREDERICK, VIRGINIA ON BEHALF OF 3O0N, LL NOTARY PUBLIC STATE OF CITY /COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 26 BY ON BEHALF OF THE COUNTY OF FREDERICK, VIRGINIA. NOTARY PUBLIC MY COMMISSION EXPIRES _ NOTARY PUBLIC STATE OF CITY /COUNTY OF Y TIE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF e m 20 BY— _ , ON BEHALF OF 300N LL C. - - -� NOTARY PUBLIC -- MY COMMISSION EXPIRES SURVEYORS CERTIFICATE I HEREBY CER77FY THAT THE PROPERTIES CONTAINED IN THIS PLAT OF CONSOLIDATION ARE (1) A PORTION OF THE PROPERTY (LESSUR LANE) THAT WAS DEDICATED TO THE COUNTY OF FREDERICK, VIRGINIA SY DEED OF DEDICA77ON 9A7ED FEBRUARY 10, 2006 AND (2) THE SAME PROPERTIES (LOTS 8 -22) THAT WERF CONVEYED TO 300N, LLC BY FOUR (4) DEEDS DATED MARCH 17 2010 SAID DEEDS RECORDED IN THE OFFICE OF THE CLERK OF TRF CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA AS (1) INSTRUMENT 060003640 AND (2) INSTRUMENTS 100003126 THRU 100003129, RESPECPI fL Y. PLA T OF CONSOLIDA TION op LESSUR LANE AND LOTS 8 — 22 ��j,TH j RIDGE ES TA TES STONEWALL MAGISTERIAL DIS7RICT � y FREDERICK COUNTY, VIRGINIA , P. Duane Brown Lie. No. 001285 , u /V SI���� DATE 07/09/12 COVER SHEET SHEET I OF 5 Marsh & Legge Land Surveyors, P.L.G. DRAW Br HBK 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 0 8795—CONSL PHONE (540) 667 -0468 N FAX (540) 667 --0469 — EMAIL office@marshandlegge.com ARFA SUMMARY PARCEL AREA LOT 8 2.4706 ACRES (PIN 32 -24 -8) INSTRUMENT 100003126 LOT 9 2.1100 ACRES (PIN 32 -24 -9 INSTRUMENT 100003126 LOT 10 2.1508 ACRES PIN 32 -24 -10 INSTRUMENT 100003126 LOT 11 2.0472 ACRES PIN 32 -24 -11 INSTRUMENT 100003127 LOT 12 2.1336 ACRES PIN 32 -24 -12 INSTRUMENT 100003127 LOT 13 2.3944 ACRES PIN 32 -24 -13 INSTRUMENT 100003127 LOT 14 2.6646 ACRES PIN 32 -24 -14 INSTRUMENT 100003128 LOT 15 2.5995 ACRES PIN 32 -24 -15 INSTRUMENT 100003129 LOT 16 3.8926 ACRES PIN 32 -24 -16 INSTRUMENT 100003129 LOT 17 4.2314 ACRES PIN 32 -24 -17 INSTRUMENT 100003129 LOT 18 2.0338 ACRES PIN 32 -24 -18 NSTRUMENT I NSTRUMENT 100003128 LOT 19 2.4568 ACRES PIN 32 -24 -19 100003128 LOT 20 3.8637 ACRES PIN 32- -24 -20 INSTRUMENT 100003126 LOT 21 2.8150 ACRES PIN 32 -24 -21 INSTRUMENT 100003126 LOT 22 3.2636 ACRES PIN 32 -24 -22 INSTRUMENT 100003126 AREA IN LOTS 41.1276 ACRES AREA IN LESSUR LANE 2.3044 ACRES (HEREBY VACATED BY THE COUNTY OF FREDERICK, VIRGINIA) TOTAL AREA 43.4320 ACRES NOTES. 1. EXISTING ZONING: RA EXISRAIC USE AGRICULTURAI 2 NO TITLE REPORT HAS BEEN PROVIDED,' THEREFORE, THE PROPERTY REPRESENTED HEREIN UAY BE SUBJECT TO EASEMENTS WHICH ARE NOT SHOWN. J. LOTS 8 THi'U 22 ARE SUBJECT TO A 20' SLOPE, DRAINAGE AND UNITY EASEMENT ALONG THE LESSUR LANE AND APPLE PIE R129CE ROAD RIGHT-OF-MAY LINES AND A 10' DRAINAGE AND U77LITY EASEMENT ALONG ALL PROPERTY LINES (INSTRUMENT 060003640). THESE EASEMENTS HAVE NOT BEEN U77LIZED, AND UNLESS NOTED OTHER96E, ARE HEREBY VACA7ED AND SHALL CEASE TO EXIST t EXISTING DRAINAGE & GRADING EASEMENT h d r (INSTRUMENT 060003640) X520:12'09 E J6.51' DRAINAGE & GRADING EASEMENT 3 HEREBY CREATED - SEE SHEET 3 5225626 50.07' 5692748 34.84' -kV �p-r—EXISTING DRAINAGE & GRADING EASEMENT (INSTRUMENT 060003640) DETAIL SHOWING DRAINAGE & GRADING 60' D' 60' 120' EASEMENT HEREBY CREATED SCALE I" = 60' Scale: 1" = 60' PLA T OF CONSOLIDA TION ��yTH OP v LESSUR LANE AND LOTS 8 -22 P RIDGE EVA TES SY STONEWALL MAGISTERIAL DISTRICT ��p�� FREDERICK COUNTY, VIRGINIA P. Duane Brown Lie. No. 001285 DA 7F 01109112 SHEET 2 OF 5 Jul Ilr �> � Marsh & Legge Land Surveyors, P.L.C. �v��o 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAYNY BY H6K' PHONE (540) 667 -0468 - FAX (540) 667 -0469 - EMAIL offiee@marshandlegge.com ID 8795 —CONK CIIRW TABLE N0. QEL TA I RADIUS I ARC I TANC,%r 1060 1 CH. BEARING C] 0375 i7' ,3092.18' 184.95' 1 9250' 1184 92' 1 M244447 E C2 014003' X621.74' 10.540' 52.71' 10540' N2352'00 E o � PIN J2-2j-2-6 PIN ,32 -A -4A / 30 PRESCRIPTIVE EASEMENT INTEGRITY FINANCIAL ROBERT K. & / r PIN 32 -A -52A SOLUTIONS ILC SHARYN L. MINA110( 0 ' JUDY S RUSSELL INST 080005382 D8 681 PG. 602 IRF INST 09000.3.309 6.9 ACRES 1.0 ACRES 66.1 AC ZONED. RA USE RESL ZONED: RA USE RC51 \ ZONED: RA USE AGRI. PIN J2 -24 -4 \ �♦ \, EX. INGRESS /EGRESS ROBERT K ail /NNIOff / �� FOR PIN 32 -A -51 INST 070004472 0 0 21 ACRES r r ZONED.• RA USE.' REST. / r , � r � PIN 32 -24 -5 LOT 8 P R Or7 983 Q� 3 >\ ` / LOT 9 �t�` ZONED. RA ACRES REST ® Q Q �rr�� IV ( IN STRUM ENT N &O6 DING EA DRAINAGE & GRADING EASEMENT / \ PIN J2 -24 -6 1�' ° r �`� HEREBY CREATED SEE SHEEP 2 / PIN 32 -\ 52D\ POLARIS SIGHT LLC �cu / INST 060004702 O m� o �r ` \ / 2.0 ACRES LOT 10 \ / ZONED RA USE. RESI, t r EXISTING DRAINAGE & GRADING EASEMENT (INSTRUMENT 050003640)'\ \ LOT 22 J �, / LOT 21 G�ON5OLIDATED AREA LOT 11 TAMM/ LOE7NG PIN 32 -24-7 I 50' RIGHT --OF -WAY !' 43.4320 ,ACRES / r INST. IOCOOJ321 / v (INST. 06000 ZONED RA C USS , RESI. , IRE \ / HEREBY LOT LINES VACATED /(TY� p ) ^( / \LESS URHEREBY VACATED R/W \\ \� LOT 12 \50 / LOT 20 \ / PIN J2 -A -12 LARRY A. RUSSELL INST. 090009911 r y� r .( 0 '3, / / 18.8 ACRES ZONED: RA USE RE51 1 PRESCRIPTIVE EASEMENT \LOT 19 LEGEND / � IRF - IRON ROD FOUND BRL - BUILDING RE5IRICTLON LINE ' PIN HE 3D ` / GREGORY Y F F. N /✓ INST. 1D0002182 02182 IRF 17.0 ACRES // f 200' O' 200' 400' ZONED' RA USE. RESI. � i� Seale.• I' = 200' PLA T OF CONSOLIDA TION LESSUR LANE AND LOTS 8 - 22 RIDGE ES TA TES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, ORGINIA P. Duane Brown Lic. No. 001285 DATE• 07109112 SCALE: 1 " = 200' SHEET 3 Of 5 4 ' V � S[7RV�� Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 BRA 14N BY.• HBX PHONE (540) 667 -0468 - FAX (540) 667 -0469 - EMAIL officeonarshondlegge.com ID 8795 -CON-2 PIN 32 —A -52D LOT 1 1 JUDY S. RUSSELL \ INS7: 090Da3309 p / \ 5.0 ACRES PIN 32 —A -52A p 'ZONE : RA USE RESL JUDY S RUSSELL INST. 090003309 Q LOT 12 / 66.1 AC L o ZONED: RA USE ACR / \ LOT 13 // O \ c T \//-- LESSUR LANE — VARIABLE R/W HEREBY VACATED EX. F EG LOT 14 / ` FOR PIN 32 —A -51 f CONSOLIDATED AREA \ LOT 19 43.43203 ACRES LOT 15 €XISTING�INGRESS/EGRESS EASEMENT / / e (INSTRUMENT 060003640) v / HEREBY VACATED IRE LOT LINES > EBY VACATE (TYP.) �`�� PIN 32 —A -51 LOT 18 / LOT 16 ,�°° NELSON N. & / R. SUE 46/LSON ISENHOWER f—�-- EXISTING DRAINAGE EASEMENT / / DR 96.3 PG 268 / A (INSTRUMENT 060003640) I / 250.3 ACRES HEREBY VACATED 6 ZONED: RA USE ACRL 1 LOT 17 _ \� Y PIN 32- 17 -4 -4 \\ THOUAS MILLER INST. 100005451 PIN 32- 17 -4 -1 51 ACRES ROBERT A. & ZONED: RA USE RESL PAMELA M. PAMEE 18" BLACK INST. 040011662 CHERRY TREE 5.8 ACRES ZONED RA USE. RE SL / PIN 32- 17 -4 —.3 EDWARD P & / ANNE R. SY/TH ~ � INST 030028404 5.0 ACRES ' LEGEND ZONED RA USE.- REST. � a' ' IRF IRON ROD FOUND 260' 2ao 400" RRL — BUILDING RESTRICTION LINE SC01E.' 1 ° = 200' PLA T OF CONSOLIDA TION LESSUR LANE AND LOTS 8 — 22 RIDGE ES TA TES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 07109112 SCALE- 1 " = 200' SHEET 4 OF 5 Marsh & Legge Land Surveyors, P.L.C. Z,TH of P. Duane Brown Lic. No. 001285 560 NORTH LOUDOUN STREET - WINCHESTER. VIRG[NIA 22601 1 DRAWN BY.' NBK PRONE (540) 667 -0468 - FAX (540) 667 -0469 - EMAIL officeamershendlegge.ccm I /D 8795 —CON5L PIN 32-- 23 -2 -81 � " CURIE TABLE N0. I DEZ TA I RADIUS I ARC I TANGENT 1 CHORD I CH. BEARING I Cl I 032577" 092.18'1184.95' 1 44'47E �30' PRESCRIPTIVE C2 0146 0.T' 3,621.74' 105.40' 1 5271' 10540' Iwo 52YJ0 E 1R EASEMENT � 9 � PIN 32 -24 -4 PIN 32 -A -52A At:/ EXISTING DRAIN E & s GRADING EASEMENT ♦ \ (4NSTRUMENT 060003640) \ ♦ / PIN 32 A -52D DRAINAGE & GRADING EASEMENT\ f Q `� III HEREBY CREATED - SEE SHEET 2 �� ♦ PIN 32 -A -52A EXISTING DRAINAGE GRADING EASEMENT (INSTRUMENT 060003640) 50' RIGHT -OF -WAY �� ♦ ♦F? EX. INGRESS /EGRESS (INST. 060003640) ��� `� C FOR PIN 32 -A -51 IRF a>>• CONSOLIDATED AREA ��♦ 43.4320 ACRES PIN 32 A -12 . a'��! ♦ \� a ' ' IRF PIN 32-A - I JD �> IRF ♦ ` mo o O 3 "p 4 PIN 32 -24 -7 `' / /`� O PIN 32- 17 -4 -1 ♦, v PIN 32 -24 -6 C) 18 BLACK 0 CHERRY TREE PIN J2-11-4--4 PIN 92 -A -51 / PIN ,32- 17 -4--P � LEGEND 12F - IRON ROD FOUND ERL - EUILDING RE57RIC77ON LINE PLA T OF CONSOLIDA TION LESSOR LANE AND LOTS 8 - 22 RIDGE ES TES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, 14RCINIA DA I,-- 07/09 SCALE 1" = 300' I SHEET 5 OF 5 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0468 N FAX (540) 667 -0469 - EMAIL office@marshandiegge.com 300' 0' 300' 600' Scale: 1 ° = 300' UTH OP P. Duane Brown tdc. No. 001285 .1 Lj 1 y IGo, 2ar� DRAW BY RRY I ID 8795 —CON51 A COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 „ ,1171 1 11> To: Frederick County Board of Supervisors From.: Mark R. Cheran, Zoning and Subdivision Administrator Date: June 4, 2012 RE: Brookside Estates The following additions to the Secondary System. of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested: DarterJo Drive, State Route Number 1553 0.21 miles Staff is available to answer any questions. MRC /bad 107 North Kent Street, Suite 202 ® Winchester, 'Virginia 22601 -5000 --------------------------------------- In the County o£ Frederick - By resolution of the governing body adopted July 25, 2012 The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Brookside Estates Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1 -229 Street Name andlor Route Number DarterJo Drive, State Route Number 1553 Old Route Number: 0 -...._.......,.............,.... ............................,........... ....,........,.........,....... — ,.,........ — — — — — — — — — — — — — — — — — — : From Route 633, Klines Mill Road To: 0.21 mile south of Route 633, Klines Mill Road, a distance of: 0.21 miles. Recordation Reference: lnstr. #060014942 Page 0060 Right of Way width (feet) = 50' VDOT Form AM -4.3 (4!2012007) Maintenance Division Date of Resolution: July 25, 2012 Page 1 of 1 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 25th day of July, 2012, adopted the following: 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. Richard C. Shickle, Chairman Ross P. Spicer Christopher E. Collins Charles S. DeHaven, Jr. Gary A. Lofton Bill M. Ewing Gene E. Fisher A COPY ATTEST PDRes. #23 -12 John R. Riley, Jr. Frederick County Administrator Department of Planning and Development 5401665 -5651 FAX: 540/665-6395 To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Y /' �' e Date: July 16, 2012 RE: Abrams Pointe The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested: Harold Court, State Route Number 1651 0.17 miles Abrams Pointe Boulevard, State Route Number 1650 0.07 miles Staff is available to answer any questions. MRC/bad 107 forth Kent Street, Suite 202 ® Winebester, Virginia 22601 - 5000 ........ . ....... . . .. _ ..... - - - - _ In the County of Frederick _ By resolution of the governing body adopted July 25, 2012 The following VDOT Form AM 4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Abrams Pointe Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.9 -229 Street Name andlor Route Number ® Harold Court, State Route Number 1651 Old Route Number: 0 _ ...................-- ........— __ ._,...... -- ------------ - -------- - - -.._ - - - -- ® From: Route 1650, Abrams Pointe Boulevard To: 0.17 mile NE of Route 1650, Abrams Pointe Boulevard, a distance of: 0.17 miles. Recordation Reference: Instr.020012546 Pg.0096 Right of Way width (feet) = 50' tr t ame and or Route Number Abrams Pointe Boulevard, State Route Number 1650 Old Route Number: 0 — --------------- " -- — — — — — — — — — — - e From: To: Route 1651, Harold Court, a distance of: 0.07 miles. Recordation Reference: Instr.020012546 Pg.0096 Right of Way width (feet) = 60' VDOT Form AM -4.3 (4720 ?2007) Maintenance Division Date of Resolution: July 25, 2012 Page l of 1 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 25th day of July, 2012, adopted the following: 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. Richard C. Shickle, Chairman Ross P. Spicer Christopher E. Collins Charles S. DeHaven, Jr. Gary A. Lofton Bill M. Ewing Gene E. Fisher A COPY ATTEST PDRes. #25 -12 John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK rlk Department ®f Manning and Development 540/665-5651 FAX: 5401665 -6395 FITIMIJIMAMMM MI Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Aye �--- Date: July 1 G, 2012 RE: Chimney Hills Estates The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested: Chimney Circle, State Route Number 1550 Chimney Circle, State Route Number 1550 Ethan Court, State Route Number 1552 Chimney Circle, State Route Number 1550 Chase Court, State Route Number 1551 Chimney Circle, State Route Number 1550 Staff is available to answer any questions. Mu 'Tot, 1 0.24 miles 0.47 wiles 0.11 miles 0.54 miles 0.08 miles 0.18 miles 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601 -5000 ...... .......................... . . ... .. the County of krederick ____ _..__- ._..._---- - - - - -- ....... By resolution of the governing body adopted July 25, 2012 The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Chimney Hills Estates Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1 -229 Street Name pndLor Route Number Chimney Circle, State Route Number 1550 Old Route Number: 0 -------------------------------------------- 0 From: Route 1551, Chase Court To: Route 1552, Ethan Court, a distance of: 0.24 miles. Recordation Reference: Inst. 9040019307, Page 632 Right of Way width (feet) = 50' Street Name andlor Route Number ® Chimney Circle, State Route Number 1550 Old Route Number: 0 .........,..............,....,. — ......... ...................—....— — _. _.. — — _ — — .......... — W... — W.... -...,. — ................. _. — — - a From: Route 627, Chapel Road To: 0.47 mile south of Route 627, Chapel Road, a distance of: 0.47 miles. Recordation Reference: Inst. #040019307, Page 632 Right of Way width (feet) = 50' Street Name andlor Route Number ® Ethan Court, State Route Number 1552 Old Route Number: 0 ---------------------------------_... ......................_..._.... -- 6 From: Route 1550, Chimney Circle To: 0.11 mile north of Route 1550, Chimney Circle (cul -de -sac), a distance of: 0.11 miles. Recordation Reference: Inst. #040019307, Page 632 Right of Way width (feet) = 50' V00TFonnAM- 4.3(4120!2007) Maintenance Division Date of Resolution: July 25, 2012 Page l of 2 Street Name and/or Route Number + Chimney Circle, State Route Number 1550 Old Route Number: 0 ----------------------- --------------- - - - - -- 0 From: Route 1552, Ethan Court To: Route 1550, Chimney Circle, a distance of: 0.54 miles. Recordation Reference: Inst. 9040019307, Page 632 Right of Way width (feet) = 50' Street Name and/or Route Number Chase Court, State Route Number 1551 Old Route Number: 0 -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - - — — — - • From: Route 1550, Chimney Circle To: .08 mile west of Route 1550, Chimney Circle (cul -de -sac), a distance of: 0.08 miles. Recordation Reference: Inst. #1040019307, Page 632 Right of Way width (feet) = 50' Street Name and /or Route Number ♦ Chimney Circle, State Route Number 1550 Old Route Number: 0 -- — — — — — — — — — — — — — — — — — — — — — — - ° — — — — — — — — — — — — — — — — — — - • From: 0.47 mile south of Route 627, Chapei Road To: Route 1551, Chase Court, a distance of: 0.18 miles. Recordation Reference: Inst. #040019307, Page 632 Right of Way width (feet) = 50' VBOT Form 1M -43 (41 '_020071 Maintenance Divi,iTon Date of Resoiution: Page 2 of 2 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 25th day of July, 2012, adopted the following: 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. Richard C. Shickle, Chairman Ross P. Spicer Christopher E. Collins Charles S. DeHaven, Jr. Gary A. Lofton Bill M. Ewing Gene E. Fisher A COPY ATTEST PDRes. #26 -12 John R. Riley, Jr. Frederick County Administrator