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March_13_2013_Agenda_PacketCO w AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 13, 2013 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 6:00 P.M. - Closed Session There will be a Closed Session in Accordance with the Code of Virginia, 1950, as Amended, Section 2.2 -3711, Subsection (A) (3) and (7), for Discussion and /or Consideration of the Acquisition of Real Property for a Public Purpose, and of the Disposition of Publicly Held Real Property, Where Discussion in an Open Meeting would Adversely Affect the Bargaining Position or Negotiating Strategy of the Public Body; and for Consultation with Legal Counsel and /or Briefings by Staff Pertaining to the Litigation Matter of Baber v. County of Frederick, Virginia Currently Pending in the United States District Court for the Western District of Virginia, Where Consultation or Briefing in an Open Meeting Would Adversely Affect the Negotiating or Litigating Posture of the County. 7:00 P.M. — Regular Meeting - Call To Order Invocation Pledge of Allegiance Adoption of Agenda Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: None.) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 13, 2013 PAGE 2 Minutes (See Attached) ------------------------------------------------------------------------- - - - - -- A 1. Revenue Recovery (Fee for Service) Work Session, February 27, 2013. 2. Budget Work Session, February 27, 2013. 3. Regular Meeting, February 27, 2013. County Officials 1. Committee Appointments. (See Attached) ------------------------------------- - - - - -- B Committee Reports 1. Joint Finance Committee. (See Attached) ------------------------------------- - - - - -- C Public Hearing Twelve Month Outdoor Festival Permit Request of Grove's Winchester Harley- Davidson. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86 -3, Permit Required; Application; Issuance or Denial; Fee; Paragraph D, Twelve Month Permits. All Events to be Held on the Grounds of Winchester Harley- Davidson, 140 Independence Drive, Winchester, Virginia. Property Owned by Jobalie, LLC. (See Attached) - - -- D 2. Outdoor Festival Permit Request of Cindy Fahnestock Schafer and Wayne Schafer - "Hogging Up BBQ Festival ". Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86 -3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit. Festival to be Held Friday thru Sunday, June 28 -30, 2013, from 4:00 P.M. to 11:00 P.M. on Friday, June 28; 10:00 A.M. to 11:00 P.M. on Saturday, June 29; and 10:00 A.M. to 6:00 P.M. on Sunday, June 30, 2013 on the Grounds of the Frederick County Fairgrounds, 167 Fair Ground Road, (Route 11 North), Clearbrook, Virginia. Property Owned by Frederick County Fair. (See Attached) ------------------------------------------------------- - - - - -- E 3. The Board of Supervisors will Conduct a Public Hearing on the Declaration as Surplus and Disposal of Its Interest in Real Property Located at 317 S. Cameron Street, Winchester, Virginia, Identified as City of Winchester Property Identification Number 193- 1 -K -14. The Purpose of the Hearing is to Receive Public Comment on the Declaration of Property as Surplus AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 13, 2013 PAGE 3 and Approval of the Sale of the Property to the Economic Development Authority of the City of Winchester Per the Terms of the Purchase and Sale Agreement Dated February 13, 2013. (See Attached) --------------- - - - - -- F 4. The Board of Supervisors will Conduct a Public Hearing on the Exchange of the Interest of the Shawneeland Sanitary District in Real Property Identified as Tax Parcel Numbers 491303- 124 -6, 491303- 124 -7, 491303- 124 -8, 491303- 124 -9, and 491303- 124 -10 (All Located in the Shawneeland Subdivision) with CHW Partnership, a Virginia Partnership, for Real Property Identified as Tax Parcel Numbers 491303- 123 -265, 491303- 123 -266, 491303- 123 -282, 491303- 123 -283, and 491303- 123 -284 (All Located in the Shawneeland Subdivision). The Purpose of the Public Hearing is to Receive Public Comment on the Proposed Exchange of the Indicated Real Property. (See Attached) ------------------------------------------------------------------------- - - - - -- G 5. The Board of Supervisors will Conduct a Public Hearing to Solicit Public Input on the Proposed Community Development Block Grant (CDBG) Proposal to be Submitted to the Virginia Department of Housing and Community Development for the Laurel Center Relocation Project. Residents of the Project Area are Encouraged to Attend. The Laurel Center Proposal will Include a Request for Funding to Complete Construction of Phase 2 for Relocation to a New Facility. The Draft CDBG Proposal will be Presented for Comment Along with Information on Projected Beneficiaries, Including the Number of Low and Moderate Income Residents to Benefit from the Proposed Project, and Plans to Minimize Displacement if it Should Occur. Citizens will also be Given the Opportunity to Comment on Frederick County's Past Use of CDBG Funds. A Fact Sheet on the Proposed Project and the Draft Proposal is Available at the Northern Shenandoah Valley Regional Commission (400E Kendrick Lane, Front Royal, Virginia 22630). For Additional Information, Contact Martha Shickle, Executive Director (540)636 -8800 or info(a)NSVregion.org (See Attached) Planning Commission Business -H Public Hearing AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 13, 2013 PAGE 4 Conditional Use Permit #01 -13 for Judy Tingle, for a Revision to the Requirements Under Conditional Use Permit #09 -10 Enabling an In -Home Family Day Care Facility. This Request is for the Purpose of Increasing the Number of Children Being Cared for at Any Given Time. The Property is Located at 284 Tyler Drive, and is Identified with Property Identification Number 32A -2 -18 in the Stonewall Magisterial District. (See Attached) - - - -- 2. Ordinance Amendment — Chapter 165 Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District — Removal of Waiver Opportunity in the RA District Which Allows the Board of Supervisors to Reduce Setbacks for Existing Lots. (See Attached) ----- - - - - -- J 3. Ordinance Amendment — Chapter 165 Zoning, Article VIII Development Plans and Approvals, Part 801 Master Development Plans; Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions; Article II Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 202 Off - Street Parking, Loading and Access; Article IV Agricultural and Residential Districts, Part 402 RP Residential Performance District; Article V Planned Development Districts, Part 501 R4 Residential Planned Community District, Part 502 R5 Residential Recreational Community District, Part 504 MS Medical Support District — Revisions to Update the MDP Submission and Processing Requirements. This Revision Also Modifies a Number of MDP References Throughout Chapter 165 to Conform with the Section 801 Revision. (See Attached) ----------------------------------------------------------- - - - - -- K Other Planning Items 1. Rezoning Application #01 -13 —Woodside Commercial Center— Revise Transportation Proffers. (See Attached) ---------------------------------------- - - - - -- L 2. Request to Schedule a Work Session for Business Development Advancement Study (BDAS). (See Attached) --------------------------------- - - - - -- M Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn fk FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REVENUE RECOVERY WORK SESSION February 27, 2013 A Work Session of the Frederick County Board of Supervisors and the Frederick County Fire and Rescue Association Revenue Recovery Working Group was held on Wednesday, February 27, 2013 at 5:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Fire Chief Dennis Linaburg; County Attorney Rod Williams and Revenue Recovery Working Group members: Chester Lauck, Bob Hail, Dave Foley, Henry Shiley, Whit Wagner, Rodney Snapp, Don Jackson, Billy Rudolph, Jeremy Luttrell, Roger Milburn, and Hans Nydam, and Fire and Rescue Association President Tim Price and Perry Silva.. CALL TO ORDER Chairman Shickle called the work session to order. Administrator Riley advised the most recent Memorandum of Understanding had been included in the Board's agenda packet. He noted the statement "not for debt service" in item 4F was the point of tonight's discussion. He noted the companies want to be able to retire debt on equipment (e.g. ambulances) not bricks and mortar. He went on to say there are other pieces of equipment that respond to emergency calls as well. He concluded by asking is the point yes for apparatus and equipment and no for bricks and mortar? Supervisor Collins stated he preferred debt service for EMS licensed apparatus. Don Jackson asked why the funds could not be used for bricks and mortar, He noted that Gainesboro has a live -in firefighter program at its station and those employees provide basic life support services. Supervisor Collins responded that bricks and mortar might be a no go for a lot of people. Chief Lauck responded that items F& G in the memorandum of understanding could become one item. With regard to bricks and mortar, a process could be established, if needed, to allow such requests to be approved by the Board of Supervisors. Chairman Shickle stated fee for service was a troubling matter for him until a majority of the fire companies got behind the idea. He expressed concern that someone might come along and obligate the projected revenue stream for something. He suggested not using funds for bricks and mortar projects for at least two years to see how the program works. Chief Lauck responded that he did not see ambulances as bricks and mortar. Supervisor Collins stated that in order to get the program off the ground "we" are going to have to look at the results for a certain period of time. Administrator Riley stated if the parties could agree to excluding bricks and mortar and allowing capital debt retirement for EMS vehicles for a period of two years, we could come back and revisit the bricks and mortar portion. Chief Jackson suggested not tying the requirement to only EMS licensed vehicles because other vehicles are going out on calls too, such as fire engines. Chief Linaburg noted the best we can expect to recover is approximately 70% of the costs incurred. He noted he did not see any excess revenue happening. He went on to say Administrator Riley's compromise was right on track; however, he understood Chief Jackson's 2 concerns. He noted after recouping the expenses associated with emergency medical services there would not be much money to go somewhere else. Supervisor Collins stated he did not have a problem using the funds for debt service on a vehicle. Chairman Shickle stated he did not want to see the revenue stream pledged as a means of retiring debt; however, once the money entered the company's coffers, he did not care how it was spent. Vice - Chairman Ewing supported Chairman Shickle's position. He went on to say that he was look for accountability of the funds to see if adjustments were needed and if the program was meeting the needs. Whit Wagner believed that allowing the companies to use the funds to retire existing debt was a good solution. Bob Hall stated if funds remaining after expenses could be used to retire debt then that would be acceptable. Chief Jackson agreed the companies should not pledge this revenue stream for new debt. Administrator Riley suggested putting the words "of bricks and mortar" at the end of item 4F as a means of defining debt service. Supervisor DeHaven stated he could go with where we are as a compromise, but he did not think the funds should go to bricks and mortar. He went on to say the goal of the program is to support itself. He noted it was good to accumulate money over time to replace equipment. He concluded by saying if we do not take a look at funding we will not know how it should be adjusted. 3 Mr. Wagner was good with the compromise we have developed, which was to fund debt service, except bricks and mortar for two years. Supervisor Fisher thought keeping the program basic, with the exception of bricks and mortar, was a good place to start. Chief Lauck stated "we are trying to control a revenue stream in which we do not know the numbers and the number of zeroes after it." He went on to say it takes at least two years to see what revenue the companies get. He noted that item 4G should include any items the auditor would like to see with regard to tracking the funds. Supervisor Lofton stated we are trying to recover expenses for emergency medical services and he thought this would take some stress off of the companies' funds thereby freeing up money for other things. He supported the compromise. Supervisor Hess stated he was not for using the funds for debt service for bricks and mortar unless approved by a process. He supported not pledging this income stream as collateral. Chief Lauck talked about joint responsibilities and the breakdown of revenue. He noted the "gross" included consumables (e.g. billing company, program manager, and EMS supplies). He went on to say the 50 -50 split should be put into the document. He stated item 4K should go away because all of that becomes part of the gross costs recovered. He noted that item 4G would become part of 4H, which would cover the audits. Tim Price advised the amendments would have to go back to the Fire & Rescue Association for review. The consensus of the representatives from the fire companies was they wanted to review the changes to the document. 4 There being no further business, the work session adjourned at 6:05 p.m. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES BUDGET WORK SESSION February 27, 2013 A Budget Work Session of the Frederick County Board of Supervisors was held on Wednesday, February 27, 2013 at 5:05 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA, PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Bill M. Ewing; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton CALL TO ORDER Chairman Shickle called the work session to order. County Administrator John R. Riley, Jr. provided an update on the FY 2014 General Fund budget. He reviewed the proposed revenues and expenditures, highlighting various items for which funding was committed last October. Administrator Riley reviewed steps taken since the last work session. Health Insurance — Proposed rate increase of 11.3% and increased costs to fund at maximum liability rate of 17.8 %. The current proposal included maintaining the current health care plan due to minimal savings through changing plans. The out of pocket cost paid by the employee would be between $50 to $100 depending on their selected plan. Rates would be funded at expected rates instead of maximum rates. The potential cost to an employee making a $40,000 annual salary would be between $500 - $1,200 annually depending on the chosen plan coverage. Administrator Riley noted a salary increase of 1.5% to 3% would be needed to offset this increase. Merit Increases — The original goal was a 4 % -5% merit increase for county employees with an implementation date of July 1, 2013. The estimated cost of this was $1,000,000. Two scenarios have been proposed. o Scenario I includes a 3.5% merit increase for county employees with an implementation date of October 1, 2013, which reduces costs by 25% by deferring for 3 months. The estimated cost is $600,000. The drawback of this scenario is employees will have four months of increased costs with no salary increase to help offset this expense. o Scenario 11 includes a 3.5% merit increase for county employees with an implementation date of July 1, 2013 with an estimated cost of $800,000. The drawback of this scenario is an additional cost of $200,000 to the County. - Jail Funding — The Jail Board directed the Jail Finance Committee to reduce costs by 50 %. With these cuts, the net increase to the General Fund would be $400,000. These figures do not reflect any funds for salary adjustments. Administrator Riley noted there were a number of unknown factors regarding this budget process that needed to be kept in mind: - Can the Jail reductions proposed realistically happen and can they can include a salary increase; - Salary increases for Social Services' employees; - Line of Duty of Act premium increase; - VRS Disability shift for new employees equal to 1% of their salaries; - Budget considerations by the Board of Supervisors. With regard to fund balance funding, staff recommends that fund balance funding should remain at $4.3 million. Administrator Riley advised after year -end, fund balance should be reviewed to fund one -time capital expenditures with requests for re- appropriation for Schools and General Fund to be submitted to Finance Committee for funding consideration from fund balance. The presentation concluded with a review of requests from various departments, which were deferred to future years. The items listed totaled $6.2 million, excluding large facilities and new positions, which were included in the original budget detail. Administrator Riley advised it was staff's intent to hold the public hearing on the FY2014 budget on March 27, 2013 with a zero tax increase, new revenue of $5,8 million, and $4.3 million in fund balance funding. With revenue determined, the proposed budget could be advertised while the expenditure detail continues to be worked out. Supervisor Collins asked about the health insurance proposal. Administrator Riley responded it was cheaper to have the employees with more out of pocket expense than to change plans. He reiterated the strategy of this budget, which was to focus on benefits, some salary increase, and jail expenses. Vice - Chairman Ewing asked when the deadline was for board members to ask questions, etc. before the budget is advertised. Finance Director Cheryl Shiffler responded March 6 th was the deadline to deal with the budget prior to the public hearing. Supervisor Fisher appreciated staff s work on the budget and the format of the presentation. There being no further business, the work session adjourned at 6;27 p.m. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING February 27, 2013 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 27, 2013 at 7 :00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher 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 there were no additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report — Tab D; and - Transportation Committee Report — Tab F. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Under a separate consent agenda, Administrator Riley offered: - Subdivision Waiver Request — 300N, LLC (Wincrest Drive -Blue Ridge Hospice Site) — Tab G. Chairman Shickle advised he would abstain from consideration of item G due to a conflict of interest. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the second consent agenda by the following recorded vote: Richard C. Shickle Abstain Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr, Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye CITIZEN COMMENTS Tim Donovan, 4pequon District and resident of Lake Frederick, appeared before the Board to urge the approval of the proposed R -5 text amendment. He said it is important that it be approved so the development can continue to grow. He said the proposal was a win/win. He 2 concluded by saying he would provide copies of a petition signed by the residents urging support of the proposed amendment. Ty Lawson, attorney with Lawson & Silek, appeared before the Board on behalf of the Lansdowne Development Group. He noted the existing Lake Frederick community was approved for private streets; however, the developer would like to continue developing this property and add non -age restricted lots. He noted 221 residents signed the petition in favor of the text amendment and waiver. He noted the text amendment provides tougher standards than the current ordinance. He went on to say the developer wants gated private streets for the community. He concluded by saying the applicant would like to have the text amendment and waiver request heard at the same time so the Board could see exactly what the proposal would allow. Hobie Mitchell, real estate developer and former member of the Commonwealth Transportation Board, expressed his excitement about the potential to develop the rest of the Lake Frederick community. He noted the developer planned to get the community active right away and they had no problem with the new standards proposed. He expressed some concern about design speeds. He concluded by asking the Board to send the text amendment forward and to consider the amendment and waiver request at the same time. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments, MINUTES - APPROVED Supervisor Hess advised he would abstain from voting on the approval of the minutes. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the minutes from the February 13, 2013 budget work 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 Gene E. Fisher Aye Robert A. Hess Abstain Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the February 13, 2013 regular meeting. 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 Gene E. Fisher Aye Robert A. Hess Abstain Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF ALLAN HUDSON TO THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY WDA) - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board reappointed Allan Hudson to the Russell 150 Community Development Authority. This is a four year appointment. Term expires March 1, 2017. 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 4 REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Winchester Speech Pathologists the amount of $5,152.20 for over reporting and over paying business license for one or more years. One or more subsequent years was adjusted with an increase and all other records are now correct. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund request by the following recorded vote: Richard G Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 12, 2013, Members present were: Martin Cybulski, Gary Longerbeam, Charles R, Sandy, Jr., Ronald Madagan, and Kevin Anderson. Members absent were: Ron Hodgson, Patrick Anderson, and Christopher Collins. Items Requiring Board of Supervisor Action: 1. None Submitted for Board Information Only: 1. Foundation/Reserve Fund µ-- Mr. Madagan moved to go forward with the Reserve Fund and develop policies to operate the fund, second by Mr. Sandy, motion carried unanimously (5 -0). 2. Committee Appointments — Mr. Cybulski appointed the following committees: Executive Committee: Martin Cybulski and Gary Longerbeam Finance Committee: Patrick Anderson and Charles R. Sandy, Jr. Buildings and Grounds: Ronald Madagan and Gary Longerbeam Public Relations: Charles R. Sandy, Jr. and Kevin Anderson Appeals Committee: Kevin Anderson, Ronald Madagan, and Ron Hodgson FINANCE COMMITTEE - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, February 20, 2013 at 8:00 a.m. The Audit Committee immediately followed. Members Stephen Swiger and Richard Shickle were absent. Items 1 and 2 were approved under consent agenda. Upon a motion by Vice - Chairman Ewing, seconded. by Supervisor DeHaven, 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,207.14 This amount represents payment for firing range use ($504), a reimbursement from the Department of Homeland Security {$1,492.14), and donations to DARE ($15) and the K -9 program ($200). No local funds are required. See attached memo, p.4 -8. — APPROVED UNDER CONSENT AGENDA. 2. The Department of Social Services requests a General Fund supplemental qppropriation in the amount of $20,000 for Strengthening Families Innovators for Success Council. No local funds required. See attached memo, p. 9. — APPROVED UNDER CONSENT AGENDA. 3. The NRADC Superintendent request a NRADC Fund sLipplemental appropriation in the amount of $261,183 for the fall 2012 employee bonus and to revitalize Office Career Advancement and Development Program this spring. The Jail Authority approved the request. See attached memo, p.10. The committee recommends approval. — APPROVED. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 4. Greenwood Volunteer F &R Company requests a General Fund supplemental appropriation in the amount of $23,797.38. This amount represents proffer funds available to Greenwood for the purchase of an ambulance. The item is listed on the County's CTP. Se e attached memo, p. 1113, The committee recommends approval of the current balance of the proffers designated to Greenwood, $25,211.38. — APPROVED. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote; Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye The Voter Registrar requests a General Fund su lemental a ro riation in the amount of $ 33,385 for the June dual primary election. See attached information, p. 14 -15. The committee recommends appropriation contingent on the calling of the primary. — APPROVED. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Nay Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 6. The Transportation Director requests a General Fund supplemental appropriation in the amount of $710,904 This amount represents revenue sharing with VDOT for work on Route 11 N. No local funds required. See attached information, p. 16 -17. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 7. The Public Works Director requests a General Fund supplemental appropriation in the amount of $452,347 for the design of the new Round Hill Fire and Rescue Station and Social Hall. The Public Works Committee has approved this request. Local funds are required. The committee recommends approval. - APPROVED Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 8. The County Administrator requests authorization to have an appraisal on the County Administration Building. Funds are available in current budget. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 8 9. The Finance Director discusses the FY2012 Comprehensive Annual Financial Report (CAFR). No action is required. AUDIT COMMITTEE 1. David Foley from Robinson, Farmer, Cox Associates will present the FY2012 final audit and be available for discussion of the upcoming 2013 audit. The committee authorized the Finance Committee chairman to sign the engagement letter for the 2013 audit. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer report for January 2013. See attached, p. 18 -19. 2. The Finance Director provides 1/31/13 financial statements. See attached, p. 20 -30. The Finance Director provides 2/13/13 General Fund fund balance report. See attached, p. 31. TRANSPORTATION COMMITTEE — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on February 19, 2013 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting) James Racey (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Bryon Grigsby (voting) Members Absent Mark Davis (liaison Middletown) Christopher Collins (voting) ** *Items Requiring Action * ** None ** *Items Not Requiring Action * ** 1. Private Streets in the RS District Staff presented the draft modifications to the ordinance governing the use of private streets in the RS district. The applicant was present and noted that they had specific desires regarding their development which prompted the modification request, They also noted that what they intend to build exceeds the proposed requirements. In discussion the committee did not identify any concerns with the modifications. MOTION: Mr. Racey made a motion to forward to the Board of Supervisors for consideration. Mr. Fisher seconded the motion. The motion passed with 1 vote against. 2. VDOT Route 37 Work For information only at this point staff and VDOT presented a draft of the Route 37 corridor refinements being undertaken by VDOT. The purpose of this work is to make sure that current planning for the corridor is consistent with current design standards where the old plans may not be. Staff is doing some additional work to the map coverage and will then forward them for consideration. This item will return to the Transportation Committee at their March meeting for a recommendation of comments to the Board of Supervisors. 3. I -81 Corridor Coalition Staff notified the committee that the County had been solicited to join the 1 -81 Corridor Coalition at a cost of $5,000.00 per year for a three year term. Staff noted that based on discussions with local public safety leaders that the benefits of being a direct member did not seem to justify the cost of membership. In addition the County is still a member under the umbrella of the Northern Shenandoah Valley Regional Commission which is a member. MOTION: Mr. Racey made a motion that the committee not recommend membership at this time. Motion was seconded by Mr. Grigsby. The motion passed unanimously. 4. Other Mr. Carter of VDOT noted that they will be approaching the committee for a recommendation regarding the reconstruction of the Rt. 623 bridge at the Frederick/Shenandoah County line. Mr. Oates asked for follow up on the discussion of MARC train access or shuttles from Frederick County that was discussed at the Planning Commission retreat. PLANNING COMMISSION BUSINESS SUBDIVISION WAIVER REQUEST — 300N, LLC (WINCREST DRIVE -BLUE RIDGE HOSPICE SITE) — PUBLIC ROAD FRONTAGE WAIVER — APPROVED UNDER CONSENT AGENDA This was a request from 300N, LLC to subdivide commercial lots, which would utilize private roads instead of public streets. In order for the subdivision to occur a waiver of Section 10 144 -24C of the Frederick County Subdivision Ordinance must be approved by the Board of Supervisors. This item was approved under the consent agenda., DISCUSSION — PRIVATE STREETS IN THE RS JRESIDENTIAL RECREATIONAL COMMUNITY DISTRICT — DENIED SENDING FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) Zoning District. She noted the use of private streets in the R5 District is currently only permitted within age - restricted communities and only if approved by the Board of Supervisors. She went on to say the proposed amendment has the potential to modify communities previously approved {not proffered.) as age- restricted and could introduce dwelling units that accommodate all ages; therefore, the impacts on the County's school system should be considered with this amendment. The proposed amendment was reviewed by the Development Review and Regulations Committee, Public Works Committee, Transportation Committee, and Planning Commission, Senior Planner Perkins noted the Public Works Committee expressed concern about impacts on county services and future maintenance of the private streets. Supervisor Lofton asked if the Board did not allow private streets then the developer could still do their proposal using public streets? Senior Planner Perkins responded if the developer kept the project as age - restricted then they could utilize private streets; however, a non -age restricted development would have to implement public streets. Supervisor Lofton asked if this amendment affected current subdivisions. Senior Planner Perkins responded no. Supervisor Lofton asked if it would affect future developments. Senior Planner Perkins responded yes. Supervisor Fisher stated that he believed the impact on county services was serious. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board denied sending this proposal forward for public hearing due to impacts on County services. Supervisor Lofton stated he was looking forward to hearing from the community. He noted if the development continues with public streets the impacts are not negated. He concluded by saying private streets might be an advantage to the County in the future. Vice- Chairman Ewing stated he was hoping to hear from the community also. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Nay Christopher E. Collins Nay Charles S. DeHaven, Jr. Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Nay BOARD LIAISON REPORTS Vice - Chairman Ewing informed the Board that Trish Ridgeway, Director of Handley Regional Library, was retiring in August. Supervisor Lofton informed the Board that Karen Ridings from Cooperative Extension was retiring. He noted she had done a wonderful job and he thanked her for her service to the county. 12 Chairman Shickle provided a brief report on the Joint Finance Committee meeting. Topics included the status of the Request for Proposals for renovations to the Joint Judicial Center, salary supplements for the General District and Juvenile Domestic Relations Courts, which were not approved, and discussions regarding outside agency and joint project funding. CITIZEN COMMENTS Jahn Wright, Red Bud District, addressed the Board regarding the FY2014 budget. He encouraged the Board to address the priorities of salary increases, salary scales, and benefits. He noted now was the time to support the employees with a meaningful raise. He noted in the Fire and Rescue Department the quality of applicants is down over past years. He concluded by saying the department has seen a 19% turnover rate since 2008. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. BENEDICTION Reverend Ross Halbersrua delivered a benediction. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:42 P.M.) 13 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 5401665 -5666 M E M R A-1 Q Fax 540/667 -0370 E -mail: jriley@co.frederick.va.us TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator ge [ DATE: March 7, 2013 RE: Committee Appointments Listed below are the vacancies /appointments due through April, 2013. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIES /OTHER Extension Leadership Council William H. Schuller — Red Bud District Representative 915 Valley Mill Road Winchester, VA 22602 Home: (540)662 -6145 Term Expires: 06/22/15 Four year term (Mr. Schuller has resigned.) Parks and Recreation Commission Paul W. Hiilyard — Gainesboro District Representative 233 Baldwin Circle Winchester, VA 22603 Term Expires: 02/13/16 Four year term (Mr. Hillyard has resigned.) 107 North Kent Street • Winchester, Virginia 22601 Memorandum — Board of Supervisors March 7, 2013 Page 2 Planning Commission Philip A. 'Lemieux — Red Bud District Representative 106 Dell Court Winchester, VA 22602 Home: (540)722 -3673 Term Expires: 01/27/14 Four Year Term (Mr. Lemieux has resigned.) Historic Resources Advisory Board Vacancy from Gainesboro District due to the Appointment of Mr. Robert Hess to the Board of Supervisors. Term to Expire 05/27113. Four year term. MARCH 2013 Social Services Board Donald E. Nesselrodt — Member -At -Large 110 Bedford Drive Winchester, VA Home: (540)722 -4189 Term Expires: 03/09/13 Four year term (See Attached Application of Linda Martenson) (Members may only serve two terms. Mr. Nesselrodt is not eligible for reappointment.) Russell 150 Community Development Authority John S. Scully, IV Colony Realty 112 North Cameron Street Winchester, VA 22601 Office: (540)662 -0323 Term: 03101/09 - 03/01/13 Four year term (Mr. Scully does not want to be reappointed. The Community Development Authority (CDA) was created in 2005. The CDA consists of five members. Appointments are for a four year term.) Memorandum - Board of Supervisors March 7, 2013 Page 3 APRIL 2013 Planning Commission Brian Madagan - Opequon District Representative 147 Blackburns Ford Drive Stephens City, VA 22655 Home: (540)931 -0600 Term Expires: 04107/13 Four year term Lawrence R. Ambrogi - Shawnee District Representative 101 Armstrong Circle Winchester, VA 22602 Home: (540)667 -0947 Term Expires: 04/28/13 Four year term Historic Resources Advisory Board Elizabeth B. Fravel - Opequon District Representative 5211 Main Street Stephens City. VA 22655 Home: (540)869 -4378 Term Expires: 04/26/13 Four year term Sanitation Authority Walter C. Cunningham - County Representative (Red Bud District Resident) 1366 Greenwood Road Winchester, VA 22602 Home: (540)667 -7825 Term Expires: 04/15/13 Four year term JRR /tjp Attachment U:ITJ P1com mitteeappointmentsl Memosl BoardCommitteeAppts (031313Mtg).docx INFORMATIONAL DATA SKEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS c . r-CA C. A l-- La-c7 A-ser, would like to nominate you to serve on the '.5-o c.. c2. k s ,r ; 'Bo4 A k - Cr_ r 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. (Please Print Clearly. Thank You.) Name: Home Phone: 'LO a - C111 l l Address: 1t t DC Ct� � i�l� OfFeePhone: Tg0 - ,5.3' - 0 c fP 3 i�\c�y 5 U 2 a, X 0 3 Fax: Employer: — - - r� c1 Email: RCS Q - Y�o w � Occupation: Civic /Community Activities: W M L PLA Y t �k C h s k A k-- 4 �-� }f e�� or, 4a � Ka- t- +Ae.5 rxrc a 4� h;Oclrev, -- RP 5 - ' Vaiic� }cep 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: Explain: Additional Information Or Comments You Would Like To Provide (If you need more space, please use the reverse siAc or include additional sheets): — Applicant's Signature: DPa �3,�,� Date: / r 3 Nominating Supervisor's Comments: (os/o9/06) U:1 TJPVorms \Commit(ccApplicationMtr.doc COUNTY of FREDERICK John R. Riley, Jr. County Administrator 5401665 -5666 Fax 540/667 -0370 E -mail: TO: Board of Supervisors jriley @co.frederick.va.us FROM: John R. Riley, Jr., County Administrator DATE: March 4, 2013 RE: Joint Finance Committee Meeting The Joint Finance Committee met on Wednesday, February 27, 2013 at 5:00 A, M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman Richard Shickle and Bill M. Ewing, Frederick County representatives; and John Willingham, and Milt Mclnturff, City of Winchester representatives. Others present: John R. Riley, Jr„ County Administrator; Jay E. Tibbs, Deputy County Administrator; Dale Iman, City Manager; Roderick B. Williams, County Attorney, Anthony Williams, City Attorney; Mary Blowe, Finance Director, City of Winchester; Cheryl Shiffler, Finance Director, Frederick County; Douglas Hewett, Assistant City Manager; and Matt Armstrong, The Winchester Star. Mr. Shickle called the meeting to order. ** *For Board Action * ** MEMORANDUMS OF UNDERSTANDING FOR JOINT PROJECTS The committee reviewed the draft Memorandums of Understanding regarding the Joint Judicial Center, Economic Development Commission, and the Convention and Visitors' Bureau (a.k.a. Tourism Board ). It was rioted the annual contribution amount contained in the Convention and Visitors' Bureau should be $100,500 per locality. Mr. Iman noted the Memorandum of Understanding for the Economic Development Commission needed to provide for the recognition of the Winchester EDA and the EDA Director. A revised Memorandum of Understanding will be brought back to the Joint Finance Committee for consideration. In addition, the committee reviewed a Memorandum of Understanding terminating the joint funding relationship as it relates to the funding allocation for the Old Frederick County Courthouse Civil War Museum, George Washington's Headquarters, Stonewall Jackson's Headquarters, and Abrams Delight. Under the termination MOU, each locality shall serve as the fiscal agent for the respective museum(s) for which it owns the real property, which reflects the current practice. - 107 North Kent Street • Winchester, Virginia 22601 Upon a motion by Mr. Willingham, seconded by Mr. Ewing, the committee recommended approval of the Memorandums of Understanding for the Joint Judicial Center, the Convention and Visitors' Bureau, with the noted amendment, and Museums. (See attached.) ** *For Information Only * ** COURTHOUSE RENOVATIONS/RFP UPDATE /SPACE NEEDS Winchester City Manager Dale Iman provided a brief overview of the January 2, 2013 meeting with Judge Wetsel regarding the project and the actions taken to date to get staff input regarding space needs, etc. He advised a draft RFP would be provided to Mr. Riley for his review next week. If both localities were in agreement with the RFP then funding would be solicited. GENERAL DISTRICT AND JUVENILE & DOMESTIC RELATIONS COURTS EMPLOYEE SUBSIDY REQUEST The committee received a request from the clerks of the Winchester/Frederick County General District Courts and Juvenile Domestic Relations Court for salary supplements for their staff. The clerks noted there were positions within the departments that were behind the city and county employee with regard to salary. They noted both courts were understaffed. The General District Court has a total of 11 full -time employees and the Juvenile District Relations Court has 8 full -time employees. The joint request totaled $45,600 or $22,800 per locality. The committee discussed this request at length. There were numerous issues: - What is the fiscal impact to the localities? - The City currently does not currently subsidize the salaries of court employees, Which locality would administer this subsidy, if it were to be approved? - Would the employees become county or city employees? The committee had compassion for the employees, but needed additional information. Upon a motion by Mr. Ewing, seconded by Mr. Willingham, the committee denied the request and asked that it be resubmitted next year for reconsideration. (See attached.) LIBRARY FUNDING FOR FY 2014 City Manager Iman stated the library director advised him that the City fully funded the library in the current fiscal year, but Frederick County and Clarke County did not and the City was not notified. He asked what the county's intent was for the upcoming fiscal year regarding library funding. County Administrator John R. Riley, Jr. responded that the county level funded based on the Board of Supervisors' policy over the past few years of no operating increase. He noted this year the library requested $850,000, which is more than they were funded in FY 2013. Finance Director Cheryl Shiffler stated Frederick County would know in March the amount of funding for the library. made. City Manager Iman asked that the information be communicated when that decision is OUTSIDE AGENCY FUNDING DISCUSSIONS The committee discussed how each locality addresses funding requests from outside agencies. Administrator Riley advised that Frederick County provides funding through the General Fund. He went on to say the county has not funded any new agencies. City Manager Iman advised that Winchester was reviewing its process for funding outside agencies. One avenue included the possible use of Community Development Block Grant funding to serve as seed money for a few years, after which time, the funding would be reduced and the agencies should be self-sustaining. (See attached.) There being no further business, the meeting was adjourned at 9;00 a.m. MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: JUDICIAL CENTER I. PURPOSE The County of Frederick and the City of Winchester are entering into this Memorandum of Understanding (MOU) to determine the funding allocation for the Winchester- Frederick County Joint Judicial Center. This MOU shall supersede all existing agreements effectigIM 1, 2012. H. FUNDING Funding contributions shall be on a 50 % -50°/ etween Frederi Winchester, subject to annual appropriation. each ty and the City of later than iction no later than May 1 of for the undertaking(s) covered by this June 30 of each fiscal year. Unless otherwise shall automatically renew and continue in frill force and effect�om year to year unless terminated by either party in such manner and at such time as hereinafter'pr6vided for terminations. V. TERMINATIO This MOU may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least 90 days prior to the expiration of the initial term or any renewal term, otherwise this MOU shall renew and continue as provided. Upon termination of this MOU, the parties shall mutually agree as to the disposition of the personal property of the operation and of any jointly owned real property of the operation. IX. EVIDENCE OF AUTHORITY TO EXECUTE In accordance with the provisions of the attached Resolutions (incorporated by reference as if set forth fully herein) duly adopted by the parties to this Memorandum of Understanding, the undersigned individuals are hereby authorized and directed to execute this Memorandum of Understanding on behalf of the respective governing bodies, and do hereby acknowledge and agree to abide its terms. Given under my hand this day of Winchester, Virginia. 2013 on behalf of the City of Dale Iman, City Manager for the City of Wi Given under my hand this day of , 2013 on behal1f'kthe County of Frederick, VA John R. Riley, Jr., County Administr County o " derick, VA MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: WINCHESTER - FREDERICK COUNTY CONVENTION AND VISITORS' BUREAU I. PURPOSE The County of Frederick and the City of Winchester are Understanding (MOU) to determine the funding allo Convention and Visitors' Bureau. This MOU shall supersede all existing IL FUNDING into this Memorandum of LWinchester- Frederick County July 1, operations of the Convention and etween Frederick County and the L smaller appropriation of each each juri sdiction no later than Notification of proposed appropriation shall.be given to each jurisdiction no later than May 1 of each year, III KCAL AGENT The City of ester shall s as the � �cal agent for the undertaking(s) covered by this MOU. IV. REPRE Representation on the Winc ster- Frederick County Convention and Visitors' Bureau shall be apportioned as stated in the Bureau's by -laws. Members shall be appointed jointly by the Frederick County Board of Supervisors and the Winchester City Council. Sul The term of this MOU shall be July 1 through June 30 of each fiscal year. Unless otherwise terminated as herein provided, this agreement shall automatically renew and continue in full force and effect from year to year unless terminated by either party in such manner and at such time as hereinafter provided for terminations. VI. TERMINATION This MOU may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least 90 days prior to the expiration of the initial term or any renewal term; otherwise this MOU shall renew and continue as provided. Upon termination of this MOU, the parties shall mutually personal property of the operation and of any jointly own( VII, EVIDENCE OF AUTHORITY TO In accordance with the provisions of the attacl forth fully herein) duly adopted by the parties' undersigned individuals are hereby authorized Understanding on behalf of the respegLve gov agree to abide its terms. Given under my hand this Winchester, Virginia. Dale Iman, City John R. Riley, to the disposition of the operty of the operation. Memorandum of -cute this 'l do hereby by reference as if set Landing, the orandum of 1c ledge and on behalf of the City of 2012 on behalf of the County of for the County of Frederick, MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: MUSEUMS I. PURPOSE This MOU shall supersede all existing agrelawts effective July 1; II. FUNDING Commencing July 1, 2011, funding for the shall no longer be on a shared funding basis. Each of the museums'shall b' s ject to s funding as is made available by the entity that owns the respective niuseum's r l property: III. FISCAL AGENT Each locality.'sha l serve as .'the (seal ag ept for' respective museuin(s) for which it owns the. real property jq IX.E"V-IDENCE OF AI THOR]ftY TO EXECUTE In accordance w ith the provisions of the attached Resolutions (incorporated by reference as if set forth fully °hgrein) duly, adopted by the parties to this Memorandum of Understanding, the - '`E rsiu individuals are hereby authorized and directed to execute this Memorandums of r e standing on behalf of the respective governing bodies, and do hereby acknowledge an ° "agree to abide its terms. Given under my hand this day of , 2013 on behalf of the City of Winchester, Virginia. Dale Iman, City Manager for the City of Winchester, VA Given under my hand this day of , 2013 on behalf of the County of Frederick, VA John R. Riley, Jr., County administrator for the County of Frederick, VA COMMONWEALTH of VIRGINIA Viniiiam W. sharp JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT Ann B. Lloyd Judge CITY OF WINCHESTER -- COUNTY OF FREDERICK Court Clerk Elizabeth Kailas JUDICIAL CENTER Judge 5 North Kent Street Winchester, Virginia 22601 (540) 667 -5770 (For TDD Users - Call VRC 1 -800- 828 -1920) FAX Number: (540) 723 -8886 December 12, 2012 To: City of Winchester Finance County of Frederick Finance From: Brenda L. Vance, Clerk - General District Courts for Winchester/Frederick Co. Ann B. Lloyd, Clerk -JDR Courts for Winchester/Frederick County Re: Budget Requests for Supplements to staff salaries On behalf of the district court clerk staff for the City of Winchester and County of Frederick we are asking that the localities consider supplementing staff salaries for the following reasons. ➢ Information provided by Karl Hade, Executive Secretary of the Supreme Court of Virginia, indicates that studies they have performed reflect that 92.3 percent of district court employees earn less than the state average for state employees. The General Assembly only changed the statute in the past year or so that allowed courts to request staff supplements. That code section is 16.1- 69.45. 16.1- 69.45, .Salaries of clerks acrd personnel. The Committee on Dishrct Courts shelf fix the salaries for the cterks and personnel of the district courts. Any county or city may supplement the salaries of the clerks and other personnel of the district court wholly out of local funds, However, no supplements may be paid to full -time district court judges or substitute judges. ➢ Comparisons made with jobs descriptions for the City of Winchester and County of Frederick employees compared to those of the district court show we are behind in salaries in a range from several thousand to 10,000 dollars or more for different positions within the clerk's office. ➢ The localities currently support and supplement, in various ways, other state funded offices such as the Office of the Commonwealth's Attorney for both City and County and the Circuit Courts by staffing positions and other means. For example, a recent decision was made in Frederick County to fund a full time assistant commonwealth attorney with the local paper reflecting a cost of approximately $$0,000. The localities have added additional sheriff deputies and police officers /city deputies, which have, in turn, increased work loads for the courts who have not received staffing to support the increase in caseload. Both courts have shown increases in caseload, with the General District Court having an increase of almost 7,000 new cases from 2010 to 2011, alone. At this time, both courts have the highest caseloads in the 26' District, exceeding Harrisonburg/Rockingham who have a larger population. ➢ Both courts are understaffed by 2011 figures at 2.2 staff members in the JDR court and 3.2 staff members in the GD Court. This understaffing places additional workload and expectations on staff members who are already underpaid. Employing and retaining competent, Ioyal staff is difficult at the current salaries and turnover is problematic. In further support of our request we note that local collections for our courts is approximately as follows for 2012 thus far (1 I months ). n City of Winchester: $390,000.00 o County of Frederick $555,000.00 Our joint proposal is to ask for a supplement to be paid, quarterly, in the amount of $600 per employee for a total of $2,400 per employee per year, Shared between the City and County. The General District has a total of I I full time employees and the Juvenile/Domestic District Court has S. That would equal a total of $45,600 or V2 ib l That would equal out to about A percent of what we collect for the County and around 5.75 for the City. We feel this amount would boost morale and be an encouragement to staff to stay in these positions, a win -win situation for both the City, the County and the courts. At the request of the City Manager we will, in January, have a listing of courts who are now receiving supplements from their localities as well as courts like ours' who are in the process of making the request. COMMONWEALTH of VIRGINIA William W. Sharp JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT Ann B. Lloyd Judge CITY OF WINCHESTER — COUNTY OF FREDERICK Court Clerk Elizabeth Kellas JUDICIAL CENTER Judge 5 North Kent Street Winchester, Virginia 22601 (540) 667 -5770 (For TDD Users - Call VRC 1 -800- 828 -1120) FAX Number. (540) 723 -8886 January 14, 2013 To: Mary Blowe, Finance Director, City of Winchester From: Ann B. Lloyd, Clerk -JDR Court Brenda L. Vance, Clerk -GD Court Re: Courts receiving supplements Mary, The statute changed a year or so ago allowing courts to ask their localities for supplements. As explained in our request for same, we are asking for this as our salaries are far below the state average and the courts do generate funds that come back to the localities. The following courts are ones that we are aware of that have requested and received supplements: Arlington County Dickenson County Washington County City of Hopewell Courts now requesting, or preparing to ask for supplements that we are personally aware of are: Loudoun County Staunton- Augusta Waynesboro Shenandoah County Supplements range from 15 percent of employee salaries (Arlington) to quarterly pay outs received by Washington County. Please let us know if you have any further questiots. Thank you. @ E E N N O CL. 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CO m O O �I1 (O m m m m N N O O {+ CO Ln h m 4 V u7 m LO m r m tf7 m N r O LC7 tO co r- N v N o0 N +r CD O a LO h C_0 O NNNto Lo O fl d c0 m m rm (p m v womr 4 Lo M co N CN m O N M M c0 M M M h M M M k N _ @ E C am ' ' (� `u °- v U7 a) O L� E E @ E T E2 N° m a E �`�, o o C v ¢ a v °� m m a a N¢ w w m° y c v o aJ E m y ¢ 3 y m a@ m c — C oU �,� a @ D) w m O �, O� >> — � @ � U � L�- r v cw0 0 N 3 m E N ' 91 O U C i j O ¢� (n y c .N al y O —> o @ m CA 2 w Z i m °� ro Em (c�❑ mU�C7 y � 2C @ E °¢ X006 s�U Wiz¢ oQ o �� xw n� } � m�� °u ° 9��g n = d( ¢ r7mo �mo � CL aJO rnzo�c�o¢c� "�¢ mna , ,i- �c)�> 'oaz¢m= oa i t�m(..)¢UZJCO a��¢a >cn C � O _ a Q O @ "O C: (p O c n 0 _ O T C � U @ m C G O Q Q Q ° Q O Q a @ Q N Q m N Q LL � 7 7 � O w C E T } 7 [q ° O CL cl Q O Q @ � � N APPLICATION FOR OUTDOOR FESTIVAL PER COUNTY OF FREDERICK, VIRGINIA , APPLICANT INFORMATION Name of Applicant: r "{ifO - j ` f ki , - Telephone Number(s): ©home /office p cell J t. r� ' b6 Cl home ❑ office ga""e €I Add ress: 1 1 - 1 1) 1 ,,...S n :n t? a el�; A r1 11 ; l''1.._ ` r s n'l FESTIVAL EVENT ORGANIL4TIONAL INFORMATION Fest�Eveent Name of Festival: Cost of Admission to F estival: --f2= B Obtained: Me"Yes CD N Date(s) Start E Maximum No. Estimated No. Time Time of Tickets Offered of Attendees For Sale Per Day Per Day i ! v1 - ✓ �} yn Location i Address: 4 4 Owner Name(s): C of Property Address: (`NOTE; Applicant may be required to provide a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival.) Promoter Name(s): Yi Address: L (`NOTE; For festivals other than not- for - profit, promoter may need to check with the Frederick County Commissioner of Revenue to determine compliance with County business license requirements; in addition, promoters who have repeat or ongoing business in Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia.) Financial Name(s): , Backer rf Address: Performer Name of Person(s) or Group(s): 5 �, r . —�J� (*NOTE: Applicant may need to update information as performers are booked for festival event.) ( 1 APPLICATION FOR OUTDOOR FESTIVAL PERMIT � _ COUNTY OF FREDERICK, VIRGINIA APPLICANT INFORMATION Name of Applicant:ir�u _ u Telephone Number A L--(9 Q home 2 office 0 cell 62: . SS � CI home ❑office ell Address: { � 0 T",—A ,nom i gA),o inn n i T _ ' FESTIVAL EVENT ORGANIZATIONAL INFORMATION Festival Euent Name of Festival: �. Cost of Admission to Festival: Business License Obtained: M Yes ❑ No Date(s) Start End Maximum No. Estimated No. t Time Ti of Tickets Offered of Attendees For Sale Per Day Per Day A 0 . � W Location Address: 1 �. Owner Name(s): of Property U se Address: V- ( * NOTE: Applicant maybe required to provide a statement or other documentation indicating consent by the ownerfs) for use of the property and related parking for the festival.) P r o moter Name(s): Address: 2 0 �✓ t�L>l(� ( * NOTE: For festivals other than not -for- profit, promoter may need to check with the Frederick County Commissioner of Revenue to determine compliance with County business license requirements; in addition, promoters who have repeat or ongoing business in Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia,) Financial Name(s): Backer Address: �� f Performer Name of Person(s) or Group(s): t t � p if ( *NOTE: Applicant may need to update information as performers are booked for festival event.) Appy IC A , 11 "I F " OLTTD FF PERM-IT T COUNTYOF FRE 1 FRJCK.V — tRG! - ,NUL, , i . i - !,. " . Sheets U'Vou M a0 so NA # 0 1 LIU, InuuKS', up LAINNA' t'. I lie F 1'r-de! - 4 J CK- COU. -7j do here-by T'z!sPeC`fu-J1Y make application for special cntertai,,,,, Pernlit, an III SUpport o f a liS application, the f InfOrmatior is submilte,& Such aPOca.ti= for special enter lainLM ent Dej I ft shall have a-UaC or badge of ad.mi. t f f L - Ff] vpj hed Wit a cop he t-c YOfL ket r '� P 1 � n f e, 0- r d M d ti M t. or tim, c.,s -0- s V C. h + 1"r- 9 nnl i( ri int. 0. 8 a, e , 211d the best reasonableeC6' o I ' uv 2. A Staten] on that rnus smal not he nrJr " Provided forplo fh h h u U-s L"n ar. v f f uj - - v— nour Pen OC1. suc:) T 10 'De n-leaSUrea rrC T 11f of flr firsi pt ay 1-,e Outdoor Festival ]permit Application Page Z 3. A statement that no person Lander the age of eighteen years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. �A • 4. A statement of the name and address of the promoters of the festival, the financial backing of the festival, and the names of all persons or groups who will perform at such festival. V .1, P LaWrrn a C I SUL0.iiiilt yi �, ,. °` '� r� ^f - =•.+t of iii =4� %: loll Islam ziFuuc auuicsa vi the L=`wra' Ciftho It l?ropertmr on which sur-b festival is to be held, and the nature and interest of the. th orei applicant n " Vti. V4 li i( ` �Il. 6_ A plan for adequate sanitation facilirie,s and garbage, trash and sewage disposal for persons at the festiv'ai. 1 US Pe'an il iall Meet tue rNui emen,ts a2 ali state and iocai S"at - mcs, !)T and r'e.00 .!1tatjatj& al,.d shall be anDr? 'ed t)-v the c .211t \ 11- ()f r- n. n O--b 0 v e) A. p fir prr�vid.i lgi- g for the person <s �t. the festival, ?"his plan shat! Outdoor Festival Permit Application Page 3 8. A plan for adequate medical facilities for persons at the festival, approved by the county health officer. 9. A plan for adequate parking facilities and traffic control in and around the festival area. 10. A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved bythe county forest warden. IFaW 11. A statement specifying whether any outdoor lights or lighting is to be utilized, and if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. Outdoor Festival Permit Application Pa e 4 12. A statement that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom shall be unreasonable audible beyond the property on which the festival is located. 13. A statement specifying if alcoholic beverages will or will not be served, and if so, details on how it will be controlled. Evidence of any applicable ABC permit must also be attached hereto and posted at the festival as required. c 14. No permit shall be issued under this ordinance unless the applicant shall furnish to the Board written permission for the Board, its lawful agents, or duly constituted law enforcement officers to go upon the property at any time for the purpose of determining compliance with the provisions of this ordinance. The Board shall have the right to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions. e-.,l A plicant's Signature .� Name `— Address Office No. Home No.; (06/14/42) C:tT3Pl - M\Outd=FestivalPmttMtr.wpd l APPLICA&I' FOR OUTDOOR FPSTTVA-L PERMIT a "i'V ate. }'rift t� ?ra rl�t.�lf %? eir'c:� sjeels 1 % . Vf}& re.'i - t ?SO 4 �i NA T i u it F Rtea 4 DA I !tie) the Lulde- rsiDied, do rem °rtfu3ly M ke application for ecial entezt in. ,°tent per lsit, and M support of this applicatior,, thce following i is stib�natted: ? . S GCh ap llcatzo,n for sp=ial entertainment pem , 't shall have affached to 1t a. copy of the `Fcicet rr badge f a .rni55inr� fn the festi =jai cnn;ainir,9 the date or dates and time or tirarys of st10- fF0; I nge th Pr iFi7 S1-7 4tnfP3l : a:t`t 1 Vt'hr ii ri -r `hr - fr't- I,� j Fj rill T: ' is f r. 9'i �?s� rdsr� ? Sd e k_d the best re sc3�a�F� Y�i, � � ;r y - - ------ - - - - -- -- -� try R P. 111 i r ay! t nfi�?' 117 12 i�ef Ofr r wax. $c1?� i . t StaIe137 T1'[ that lt}11S7G Sha l ?7i)1 }� T�] t� t i t7Crr 11te tZ1I� 1 T1.0 rqvlCj� i(]1 I�1�J1+� t han eig I:L'llr5 .n any r v, , ci ry ^ICCI1 :7t3LI' J - h i criod, tII _ u�.n n�re�,�y -1;;ar ilaus; n fl l4! i} 30 C1 "nee -Su lG' romtile . NSI: i, i..T94 h� {'} Writ �r ry� a t 1 t Outdoor Festival Permit Application Pa e 2 3. A statement that no person under the age of eighteen years of age shall be admitt t any festival unless accompanied by a parent or guardian, the parent or guardian t rema w such person at all times. 4. A statement of the name and address of the promoters of the festival, the financial backing Of the festival, and the names of all persons or groups who will 'Perform at such festival. I 1W, '&pj)Sed I 4A- 3S - .. V, U LU nam UWE. Property on which silcb festival is to be bold, and the natuTe and interest of th ap - p li c . _ ap C) 0, v 6. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for p erson ,, ; at Me festivai, This P,'aD s ,aij . Meet Me T��'qjiremems of ale state and jocal statioteg, 01,d and 3 1!d ar'VMYVCd 0V i:1' r,'!?'! V Aplar for providing fond, wpfi�- lodging for the persons a.! Jrfie h is Plan'gha a P. ro v e 0 c 0 U n. 1 v irl C al th Outdoor Festival Permit Application Page 3 S. A plan for adequate medical facilities for persons at the festival, approved by the county health officer. Z 14, A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county forest warden. 1 1, A statement specifying whether any outdoor lights or lighting is to be utilized, and if so, a plan showing the location of such lights and shielding devices or other equipment n prevent unreasonable glow beyond the property on which the festival is located. A plan for adequate parking facilities and traffic control in and around the festival area. Outdoor Festival Permit Application Page 4 12. A statement that no music shall be played, either by mechanical device or live perfo ce rman, in such a manner that the sound emanating therefrom shall be unreasonable audible beyond the property on which the festival is located. 13. A statement specifying if alcoholic beverages will or will not be served, and if so, details on how it will be controlled. Evidence of any applicable ABC permit must also be attached hereto and posted at the festival as required. 14. No permit shall be issued under this ordinance'unless the applicant shall furnish to the Board written permission for the Board, its lawful agents, or duly constitu o ted law enforcement officers to go upon the property at any time for the purpose of deter- fining compliance with the provisions of this ordinance. The Board shall have the right to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions, e_,- L: A plicant's Signature 1 - Name OV/ i/& Address Office No. Home No.: (06114102) C: ITR \&r=%ODUIOWFestivalFermstMt,.wpd f APPLICATION FOR OUTDOOR VF,..SII COUNTY OFF (r , ote , }'ou I >i(XI; (�i!l.r�ry4 �- 3.irv�fJ. � a+ r ' ? :� NAT DA .tea ' urn •— �� - � �a v►� the. Undorsigned, do liQrmby re�qpeetfully make application for special er,teftairmcnt pal lit, and in support of tllis application, tliG frollowi, -Ig in is Sub - dt d. - Such :pplicatio„ for special entertainment, per ,pit shall have attached *t hed tc, it a cc-,py ofth ticket or !?adze of adml5sion t the con7airina ih clue or daie.5 and time aT tirt?c5 Ofsuc lr 4'.'zS�?t<7;�� ';'f�;'sP.t}1�;'��! ;s `nfotTi °o'Fi - V.s I frl'.'� - u , 7'•.:1 ; "li ll" .t.rF -. �� {_�1 .�7:'IYS ^Y r�' tic!'F!- - 3315 sal ' ] ' -- �_ - w d tlla ?�€?gt „ .';+i -�f3 'J �^. �`f• 5- is w '; ��K e, 2. A siaie that music shall not be ren(jeree� �cjr enreztain�nle�Ir Provided for 11) than ours i ♦t an y iiv FPa Ai" (y �� T �l�� N y�"1 V .+. AVIAN! \)Alm �]4Li'if eyY]l�.•FIZ / 11T �"]r� Y-y ^ 7yp ?i�1fa!�[� ,-r �{ !�-. } h nn yry ] o nt. y j �y�y� r� ( I-� ■ •t- � /ll e'�l �Jr C� Ei I\.1 S. J VM All >i[]�1 S.V 1 �i11 5�� ` %v�iit s�:i.� - Ik.r,E�riz3A : L£� Tl. G3 'i'AL3S]Ty i S Fi. Outdoor ]Festival Permit Application Page 2 I A statement that no person under the age of eighteen years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. 4. A statement of the name and address of the promoters of the festival, the financial backing of the festival, and the names of all persons or groups who will perform at such festival. foc auk) - ti. 01 LU p1l 1J j1zAl S 'Stjva the 4.i C.SllG Al�.1L�1- L�GS;i L =,i tlsG L =wv !lint i s f he nrOpeMr on which suet festival is to fie held, and the nature and inter=est of the applicant 'LA rk to Praj n V - b v~Cv } 6. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for person at th icsnvat. WS piau sana.li ] ee; `ne Tegjtrkmt - ,ms of ai, state and a , L =C'!1i vY 48111.144 oidinances and ro2ulatlons. and shall be aS��7T- ved hj , �.je CO'ull' -fir health C)�cer`. s -7 p'a r for p-r e- /id.ing fore?, sealer and lodging for tbg 7T':f:e.r f�..�� <,�• t;ii's ?;"^ ".i.ts. r.`�' #i �t rr zi't�' s -_ ' �$�eilli � I'.S!?T2., a . fi 3e :'.S�.l�i$.!: - hi 1?lwar 9 a '�T•r�S` /s" '?�' +: a Coy <.EaI-� s)tIILt i. v Outdoor Festival Permit Application Pane 3 8. A plan for adequate medical facilities for persons at the festival, approved by the county health officer. 0 10. A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county forest warden. WIN 11, A statement specifying whether any outdoor lights or lighting is to be utilized, and if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. A plan for adequate parking facilities and traffic control in and around the festival area. Outdoor Festival Permit Application Page 4 12. A statement that no music shall be played, either by mechanical device or Iive performance, in such a manner that the sound emanating therefrom shall be unreasonable audible beyond the property on which the festival is located. o �t 13. A statement specifying if alcoholic beverages will or will not be served., and if so, details on how it will be controlled. Evidence of any applicable ABC permit must also be attached hereto and posted at the festival as required. 14. No permit shall be issued under this ordinance unless the applicant shall furnish to the Board written permission for the Board, its lawful agents, or duly constituted law enforcement officers to go upon the praperty at any time for the purpose of detenrnining compliance with the provisions of this ordinance. The Board shall have the right to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions. L A plicant's Signature Name Address Office No. Home No.: {0 6/1 4 /02} G 3 m \ out&mpt8LYAlPCITl1itm C'.Wpd Teresa Price From: jeanett Deanett @winchesterharley.com] Sent: Tuesday, February 26, 2013 12:09 PM To: Teresa Price Subject: RE: Bikini Bike Wash Hi Teresa, Here is the for the inconvenience and thank you for your time. leanett (DOwn Grove's Winchester Harley- Davidson /Buell Inc. Marketing /Events Coordinator 140 Independence Drive Winchester, VA 22602 Phone -540- 662 -4468 Fax -540- 667 -5655 www, hdwinchester.com Teresa Price From: jeanett Deanett @winchesterharley.com] Sent: Tuesday, February 26, 2013 12:09 PM To: Teresa Price Subject: RE: Bikini Bike Wash Hi Teresa, Here is the orry for the inconvenience and thank you for your time, Jeanett DO= Grove's Winchester Harley- Davidson /Buell Inc. Marketing /Events Coordinator 140 Independence Drive Winchester, VA 22602 Phone - 540 - 662 -4468 Fax - 540 - 6675655 www.hdwinchester.com APPLICATION FOR OUTDOOR F71 STI MAL PERNMITT COUNTY OF FREDER]CF, XTRGIN !A W.'We: You yruo� OWUCII eIPY7 SPte!?!S jfyoU n6 f` t d 'So. U6 - _. ez _ _ tj U Kai) UP to V in P" w ao "Ohre' 01 S UPeuvisors, Frederic-k- C I 1 71 1 j�- e" PC.x,A and in do h suppo — � h - y res "lake aPPIkation for special enteTtajj Of this application, the following, information is Sub -d f, . 1, Such application f00Y special entertaIrLM PeT shall have aftached to it a c o f th ti k or badge of admis,on to the Smo td C� C et 't dMf, or deqt��, aT ti or t of srcb 1 - 01 ' 5 �Qk arid the reasonaf-.dje est1;7iVge by the appHr �je"VVJ. 2. A Statement that musi shall notit) -rejjjjj�-ree DoT e ilia ; hours in'��-Ynkerl- �nmem provid f Diore, thar ei "OnsKV OrMe f5rsl at t T .,_ qi rnea-Surev, I—i0jr jjj,�. , V 0 .3� vo Outdoor Festival Permit Application Page 2 3. A statement that no person under the age of eighteen years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. 4. A statement of the name and address of the promoters of the festival, the financial backing of the festival, and the names ofall persons or groups who will perform at such festival. v'el .-I .= JLAf.; lA1�,iS! lJt l €tL ISJLALi� +Ii 431 I_ �'V 4ej ', 1G�4 -' V —I 4StC LLi711tG A4�iW.GS.`� Lsl tIIG �a vv rsi.. ,. Property on which suet festival is to be held, and the nature and interest of the applicant t rei v A 6. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for personG at the ie tiv al. i ius plan s Rii melt 'tie reglmremie is of ai st.at44 and iocal stat - ows, ^ri C IT?u?1Cr s / °.TICl Ti �?111�1T1C?I15. at)d silaii le 2U`K?T 1 :" ?�T the r L7' 3t7fiI (l air officer. C oo u & �04-"- A. plar, fnr prnvidirsg fond.. -,v p$er and lodging f(,-.r t e e? ns t >: F - _ �� r b p n . a# lie fip it al. '[his plan shat? ✓7 .�'� j� -, 7- fn t t � �._ _ _ �. =.<< ,,:lie � ^s �.'. =7; .z��",. - : �� . fS4'�4`°1 •.': y'(`.� ^- i1",1�. L'r�'I U 1� jylp 40 u -Y he J ofFict.. Outdoor Festiva] Permit Application Pate 3 S. A plan for adequate medical facilities for persons at the festival, approved by the county health officer. 9. A plan for adequate parking facilities and traffic control in and around the festival area. 10. A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county forest warden. IFM 11, A statement specifying whether any outdoor lights or lighting is to be utilized, and if so, a Plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. Outdoor Festival Permit Application Page 4 12. A statement that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom shall be unreasonable audible beyond the property on which the festival is located. 13. A statement specifying if alcoholic beverages will or will not be served., and if so, details on how it will be controlled. Evidence of any applicable ABC permit must also be attached hereto and posted at the festival as required. e- _ `: U 14. No permit shall be issued under this ordinance unless the applicant shall furnish to the Board written permission for the Board, its lawful agents, or duly constituted law enforcement Officers to go upon the property at any time for the purpose of deternzining compliance with the provisions of this ordinance. The Board shall have the right to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions, A plicanVs Signature Name f Address Office No. Home 1Vo.: (06/14/42) C:1'F.IPIOnM\ UWMFC56VIkIPCMdtMtr.wpd APPLICATION FOR OUT DOOR FF5'1€'JVAJJ PERMIT Ubotc. You )%er7';% oilarf "? e}- ;`?_Cj S�Jef tj "vUtt t7f'C -'4 to tom' S . ) ONO CU D r' % n3. _ - o t? vvn l (N e). t1;e lula?rsigned, de hereby respecifullj' make application for special enterta,inrnent P4111 it, and in support of this application, tkhc foilowi;,g in30rmat;on is submitted: I. Such application Ir special entendnrtleiApsm it shall have attached to it a ce,Pv ofAn ticket or badge of a .IT11 S1(7T? to f.}?£ fb oWat rnlli`aIn1Pw Tf?e datf,: sir i at1 .c ar .id t ] o r timcs of Si?rF ;.• 77 'fi .V :tc#? �?'!3'"!�?i•. :'i'ii � :f i�'�2't_1f •7� ' l sale,' and the best reasonable em Ale r ' -' -- '- - ^ ----- -- -'• - =-- 1T73._. ? . T a!!�3 ?tent r i "ha i 7af ?5 Of VeTsL +')(Y!e e in he An 1"-ndonm i• A Staiement t.haL mast% shall nc ?t. be MrldcrMl nor anterkaimil"t o provided for more furl Fl�Xlt v P,uurz5 in any :�'��4'w1`.?i1rf7+^3Ll'k3Cr3�d 5:10;1 y � n Y � gypf measured /� y }� y yip. y{ I i S r r1 /� , q n ♦v!/�t l ourpermidj Q �Fl+a, easured r, t -q� eeS o of,. -first : is r, amce a he YPiltivggi. Outdoor Festival Permit Application Page 2 3. A statement that no person under the age of eighteen years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times, 4. A statement of the name and address of the promoters of the festival, the financial backing of the festival, and the names of all persons or groups who will verform at such festival - i r a _ , 1"i jlU'.;�i}.SGIAL l'1 lSiG 1VS.a {1 ±elt ui 4Lt: }1 tJ ,liJs'�%+.: ivU €.tY<.I LStC� i3e pronPm• on which slieh festival is to he held, and the nature and interest of the� to Prai 1'? applicant 6. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at t tcsne%al: I is plan St all M=t vie, req jirerrienjs of alp state and ; Socai statuic & r) i anc,res and i"cRulatio1 )s, gild shall be avvr';'ved ` v t1ne co -unt -" l�°a1�3. �)tl3c$l- 0A) 0 v b �J- 4. A_ p ;, for Providing fr'o ?. :eater and lodg'ng fc'r #hP persons at the festival, This plan. shat? -:r•�; :ham stiff - tC pTlil a+. Droved "N! i,pC r.O�,in!LV Outdoor Festival Permit Application Page 3 S. A plan for adequate medical facilities for persons at the festival, approved by the county health officer. 9. A plan for adequate parking facilities and traffic control in and around the festival area. 10. A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county forest warden. maw 11. A statement specifying whether any outdoor lights or lighting is to be utilized, and if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. t(� Outdoor Festival Permit Application Page 4 12. A statement that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom shall be unreasonable audible beyond the property on which the festival is Iocated. 13. A statement specifying if alcoholic beverages will or will not be served, and if so, details on how it will be controlled. Evidence of any applicable ABC permit must also be attached hereto and posted at the festival as required. 14. No permit shall be issued under this ordinance - unless the applicant shall furnish to the Board written permission for the Board, its lawful agents, or duly constituted law enforcement officers to go upon the property at any time for the purpose ofdetermining compliance with the provisions of this ordinance. The Board shall have the right to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions, ef'l r A licant's Signature `J Name Address Office No. Home No.: (06/14/02) C:ITj"omnslOUW otFesdv3lPamiEMtr.wpd APPLICATION FOR OUTDO-OR FV�SrIVAL PERM-IT % C -OUNTY OF FRREDE RXIC VIRGINIA (iVofp 'Yo)u !"nav auach t ij ext?a es vo 0 SCj I I Sk'C' - ti! LA �_i2 � ��.I_il � �� YI � .V.,/� �Lr� ti. /� LA11 1HIJUR 4j!l, ' v Er --' 1 IN &-t --- 5,-a Frederick cpUTIOV, Vireima. (We die undersigned, do here-by respectfull rr,&k appli a on r s pe cia l t in t e t f c i 0 SPC a en erta men pem and in support of this application, the following ini is subs - refitted: I , S u ch app lication for special entertairLmerlt Pe=it ahall have attached to it a copy o to ehl orhadgeofadmls. t th festival. co -nt.v ; - eorift�os of such suclh .tin -n CQedv.feordat-,S and tim . fe!0;v21. !nvt-1hR-r-uvjtij .4;f1fP111fant h g n-spJjcpnf of the munl e-rofversjans tn. he if It - 6L tg 2 G. A statenjent that mus shall not he rericlered nt-T eliteftainment Provided for more th hoursinanyt an f-i Lw J) VVV4��'Y- .O T first ne-� Ulf! ibstival. Outdoor Festival Permit Application Page 2 I A statement that no person under the age of eighteen years of age shall be admitted to any festival unless accompanied by a parent or gua the parent or guardian to remain with such person at all times. 4. A statement of the name and address of the promoters of the festival, the financial backing of the festival, and the names of all persons or groups who will p er f orm a t such festival. 4 - C- nFi-ne ad. Of the c' i�f nTO Per ft ; OD which such festival_ is to be held, and t.-he nature and ingest_ f applicant s o the qC) Q V ID 0 6- A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at the festival. - Ym - s plan shaij lylevt tie requiremems 01 ail state and iocai smtutes, ordinances and rcRulaflons. and shafl. bt� approved bin the county dealt, o (r O�b Ag 7, A plan for prerviding food, 1a,2ater a7qd k%dgin for the persons at f efeSfivgl, This plan shall flip Got-I'Al I'lealch offluctan Outdoor Festival Permit Application Page 3 B. A plan for adequate medical facilities for persons at the festival, approved by the county health officer. 9. A plan for adequate parking facilities and traffic control in and around the festival area 10. A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county forest warden. in. 11. A statement specifying whether any outdoor lights or lighting is to be utilized, and if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. Outdoor Festival Permit Application Page 4 12. A statement that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom shall be unreasonable audible beyond the property on which the festival is located. 13. A statement specifying if alcoholic beverages will or will not be served, and if so, details on how it will be controlled. Evidence of any applicable ABC permit must also be attached hereto and posted at the festival as required. 14. No permit shall be issued under this ordinance unless the applicant shall furnish to the Board written permission for the Board, its lawful agents, or duly constituted law enforcement officers to go upon the property at any time for the purpose of determining compliance with the provisions of this ordinance. The Board shall have the right to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions. M C � ��- -� A licant's Signature It r/ �/ Name Address Office No. Home No.: (06114102) C:`TlMaM OUW=ftstivalPanitMtwpd V APPLICATION FOR OUTDOOR Wii1VA1 PER .PER COUNTY OF FREDERICK, VIRGINI�A I4PPL� C—A jNj 1. LO Name of Applicant & k" ruo - h C Telephone Number(s): 911-J?3 c)hl V 0 home �'-fflre 0 cell Cost of Admission to Festival: iie_ I A/ IV Start ZZ4) S6 h L? 3 0ome 0 office call -1 rr wf - - t Address-, ILq U L L IPM, &L "E'd QWdS) e V & 1+ Name(s):. 37 Address. I I d)PAr Va .......... YO . f I V I (*NOTE Applicant may required to provide a statement or q herd ciri?r Wir indicatin f "n b thr{fbl use propertyand related parkin for the fe4tTval.) am (s): 0. A hy I �nx IA Address: kAr V(- �S M (*NoM For Festi vals other than nn for profft, promoter may need to chee heFYIN9 k4-,, 1 �nercf ave.2� ck with tie to determine compliance with County business license requirements; in addition, promoters who have rep eat or ongoing business in Vir ma be re to re vAffi the VA State Corporation Commission for le authority to conduct business in VF4n!a,) Name(s): Sack Addres m\v Name of Person(s) or Group(s): 12 01 (2.( PP, '6tVJ Al No-ti'v 'S (*NOTE: Applicant ma need to update information as performers are booked for festival event-) \K V C� Mp-d FES77Vj?4.fVfAf?'L iSI7GS.1fIdFU TATiOM: 1. Attach a copy of the printed ticket or badge of admission to the festival, containing the date(s) and time(s) of such festival (may be marked as "sample'). dcopy attached OR 0 copy to be provided as soon as available 2. Provide a plan for adequate sanitation facilities as well as garbage, trash, and sewage disposal for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of jiealtWLord FpIrfM Health District). 3. Provi de a plan or providi� fo f wa4r, and i dging for the persons at We festival. This plan mu"eet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA tae rtm nt of Health (Lord Fairfax Ith Di A f oh i C �y 7�? lleye� t�Kf � v ( � I Y festival. T is Ian rn f v 4, Provide a plan for adegutate medical faciiities fa s a g he p ust m nts of all state and local statutes, ordinances, and regu €ations, and must be approved by the County Fire Chief or Fire Marshal a the l cal fire and rescue company. l`�r �-� - V In rn4 Pad (U lit ?%-76D 16 �f--E 0L z 57Ti Wq a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ,ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescu company. v /V SU m Provide a plan for adequate parking acilities and rc control i an aroun a festly P11 maybe 7. State whether any outdoor lights or lighting will be utilized: YES a if yes, provide a plan or submit a diagram showing the Iwo of such lights an mity relative to the property boundaries and neighboring properties. in addition, sho the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property, on w c4 the tival is loc*ed. A. 8. State whether alcoholic beverages will be served; A YES o h1Q — If yes, provide details on )t will be controlled. 1 C� (NOTE: Evidence of any applicable VA AB rmit must also be provided and posted at the festival as requlred: Ap icant may Red to confirm with �} the VA ABC that a license is not requiredfrom that agency In order for festival attendees to bring their own alcoholic beverages to any event that is! open to the general public upon payrnert of the applicable admission fee.) / r l FFSTIV.A. L' PROV/Sl ®NS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight (S) hours in any twenty-four (24) hour period, such twenty -four (24) hour period to be measured from the beginning of the first performance at the festival_ yr S. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located C. No .person under the age of eighteen (18) years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. (NOTE: It may be necessary to post signs to this effect.) J D. The Board, its lawful agents, and/or duty constituted law enforcement officers shall have permission to go upon the property where the festival is being held at anytime for the purpose of determining compliance with the provisions of the County ordinance. I, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. �WQq- 4S11-1-- St nature of Ap nt Date: � � THE BO ARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON-COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS. June 28-3 O,h 2013 s afety Plan & Additional Information .,�` is • *r • r. r !�, � �� . -!�'. w Location: Frederick County Fairgrounds, Clear Brook VA ■ s About: This festival Is a first year sanctioner) Kansas City Barbeque Competition which is the largest non profit organization dedicated to the art of hardwood smoking and grilling - which has received the blessing from Governor Bob O'Donnell for this festival, at the Frederick County Fairgrounds to be considered a State Championship Event. Being so, it will attract KCBS Judges from all over the nation and competitors (including Famous KC85 Team of the Year 3EyzBBQ) to the small town of Clear Brook. This will help support the local economy because they will be making hotel reservations and visiting Racal businesses. Patrons from the MD, DC, WV, PA, and VA areas will be attracted to the town for this event. Local Business Vendors have the opportunity to advertise their products to the festival goers. We will have local bands periodically staggered over a three day period. There will be art /craft vendors, and food. There may be a special appearance by the Virginia Giant and other famous people. The first year we do not expect to make a profit, but to raise awareness for Ws cause, and in doing so, create an annua e v e nt in the process to get the Panhandle area involved with. ,! • • ! ! Exhibit A: Financial Backers f Partners or Affiliations Exhibit B: Fire Safety Pertaining to the Festival • Exhibit B1 : Food Vendor Fire Safety • Exhibit B2: Fire Safety Rules For KCBS Competitors • Exhibit B3: Fire Safety Rules for Competitors Exhibit C : Safety & Crowd Control Plan (Diagrams) * Exhibit CI-C2: Crowd Control Certificates Exhibit D: Parking Safety Plan (Diagrams) Exhibit E: Food Safety Plan Exhibit F: Music Plan * Exhibit F1 Statement of Music Sound Exhibit G: Alcohol Plan * Exhibit G1 Preventative Agreement w / Non Profit Exhibit H: Outdoor Lighting Statement C �-) Please contact Cindy Fahnestock Schafer cell 410 -908 -9241 or work 727 -793 - 2124 for any missing information. l am available to meet with the board if you deem it appropriate or be available for any disc Ex hibit A: Financial Ba ckers Partners E tc Financial hackers (some of which to remain unnamed on our website and most of which are In our Immediate family * Cindy Fahnestvck Schafer PARTNER /BACKER 1 f i4&00d l f/7V * Wayne M Schafer, Sr. d /b /a Big Fat Daddy's PARTNER /BACKER &a s�4 L44me A4 hao 4/ Brian Schafer, The Vecchio s, The McLain s, Volunteers from our Church e l70nations fr .%VOnsors laze Up unali Tne L:VenT "{ L15T un vveDSITe ted Parties: Kansas City B arbeque Society Reps. Carol & Randy Big from the BOARD OF THE KCBs — a NON PROFIT, in charge of the competition CanCerCa a — NON PROFIT This is our charity of choice. (to be determined) There will be a NON PROFIT for Beer Sales provided their permits have been approved with the VA ABC Commission. We have a safety plan in effect for this part of the festival, please sae exhibit G. We have also been in direct communication with our contact in the ABC office. This is because part of our safety plan requires us to keep abreast and attend meeting of our designated non - profit to ensure safety measures are being followed in accordance to alcohol sales. once the permit is in place, the non profit may invite 1 Winery, for wine tasting, Who must also have proper permits in place. l_/ Exhibit : Fire Safety Pertaining to the Festival • The Frederick County Fairgrounds is equipped currently with proper Fire Safety water hookups and adequate open spaces for entry and exit. • We have been in contact with Tommy Price, from the Clear Brook Volunteer Fire Department. They will be providing an EMS Station, and fire guys will be onsite for this festival. A fire truck will hopefully be parked on site, we are still ironing this out. • Our food vendor, Big Fat Daddy's has a Fire Safety Plan (attached) and will have all flame retardant tents, quick disconnect valves, K grease extinguishers, and proper training in Fire Safety. (Has been selling fond at the Frederick County Fair every year for past 20- plan attached and never been in violation with the Fire Marshall.) • The KCBS Competition is kept away from the food and stage areas. • Special charcoal disposal barrels clearly marked to be set up for KCBS competition. • Hoses will be ran to the KCBS competitors. • All KCBS Competitors are required to practice fire safety and provide their own Fire Extinguishers as outlined in their agreements. • All exits will be clearly marked. • All of this works hand in hand with exhibit C.... • Sunday, the KCBS competitors will switched out with backyard BBQ competitors. ILI 15 U Fire Prevention Plea Temporary Everts P rY PREPARED FOR : HOGGING UP BBQ FESTIVAL LOCATION: FREDERICK COUNTY FAIRGROUNDS SECTION A - PROPANE USE AND PREVENTION 1. USE OF OPEN FLAMES FOR PROPANE, in regards to FLAT TOP PROPANE GRILLS (1A) & DEEP FAT FRYER UNDER FLAME RETARDENT TENT (113): (DIAGRAM A) open flames regarding this equipment are limited to the burners. inside the deep fat fryer, and the burners under the fiat top propane grills. (Propane burners). Equipment is maintainpd and will be in use and housed in a stand under a flame retardant tent. * *ANSEL SYSTEM IS NOT USED * ME7 ODS OF FIRE PIEIJE"ON: • Tenting has flame retardant sewn In certificate, and is clean from grease or debris. Applicable certificates can also be onsite if needed. o Propane Cylinders have current stamped irwipection tags in accordance with federal guidelines. Propane Is clustered and properly staked behind the tent (8-10' behind) and not attached to the comer of tents or frames. They are regulated and equipt with special BRASS QUICK DISCONNECT COUPLINGS. o Hat top..grifls (a Aj do not omit smoke or vapors and do not have an ansel system due to the fact that most food[As smoked on smokers first (see section B) special "hose?' in tower left of grills for grease drainage. All grease Is collected into a bucket and vetted into containers to be recycled for Bso- Diesel Projects. • '. Special K rated extinguisher with yearly certff [cation is provided. In addition, regular fire extingulshers are present. WATER is available onsite and In booth. Protection such as glass and building barrier to prevent public from heat, or flames. Exits available within tent. Trained Family Member trained in Are Prevention & OSHA guidelines, and stands approved by the State of New Jersey DEEP FAT FRYER (113) Is in use in back of stand. This is a propane burner deep fryer. The key here is it is in use under a Flame Retardant tent venting out of the tent and with a K- extinguisher present. o ALL PROPANE IS FIXED WITH QUICK DISCONNECT" HOSES In the event of any fire emergency, the propane can be disconnected within second from the unit in question. R EQUIPT 1A Mi QUICK DISCONNECTS 1A CRILLS Everything ender a flame rekrdent teat and protecOon from public contact, vent plat MP Inil U iRR 1t spock!'Win gnu aifa atefats, E*Ws, W*f, or greasy sAstam* from food to drain Ifo catch basin (fwd grade bucket) which Is coSected iota grease containers at the end of night This grease is m*W back at faft'for BIO DIESEL please view more photographs of stands on . www.b!Oatclad(ID.com . e Grease kept �'�' hatarsr the fI0 tea. ifne DEEP pre"ne ARE PPZESEN1 ON ALL OUR PROPANE MAM IT A SHE ALTERNATIVE TO QUICKLY DISCONNECT WrMN SECONDS NEED PERMIT APPLICATION FOR 60 -10G# CYLINDERS, USE OF PROPANE ON FRYER AND GRILLS. NO ANSEL SYSTEM IS PRESENT. 1. USE OF CHARCOAL OR SMALL HICKORY WOOD BRICKETTS IN TWO SMOKER PIT SYSTEMS. (DIAGRAM B, C) Open flames regarding this equipment are limited to the "bottom bellies" or large charcoal or pit smokers. There are two as outlined below. "ANSEL SYSTEM IS NOT USED ** ME'MODS OF FIRE PREVENTION.- • SMOKER A is enclosed, barrel style, and only gets charcoal feed in the bottom r of-the unit The goat is to "smoke" the food at a high temperature but not to "FLAME 81101r. the food. Veptlr►g is on top the unit, and on sides. Smoker Is matte so that any internal fire, vents can be Immediately closed cutting off the oxygen to put out the fire. Vent on top releases smoke at small levels into the atmosphere. • SMOKER H is a deep square open top unit. it is approximately 2 feet deep, by 3 feet wide, and made of metal. Only the bottom r gets fed with charcoal or hickory wood allowing for lack of "flare up" or "flarnage. " Although this pit Is open, it is - housed, . under: a Flame Retardant Tent, due to health department regulations. The tent top is custom made out-of dame retardant materials and certificate stating such Is on hand. • FENCING HARRIER to prevent public from coming within 3 feet of smokers, • Special K -rated extinguisher with ,yearly certification is provided. In addition, regular fire extinguishers are present. • WATER is available ONSITF and will be.available to booth. DISPOSAL of charcoal, after.dlsintegrated by water disposed of In metal bucket or ash can If provided by festival. • Trained Family Member present trained in Fire Prevention and OSHA guidelines Metal cc unit en vent Big Fat Daddy c Lt e lwe used at V from charcoal is only used In bottom V of unit, unit Is sevtwal feet deep and wide. PROTECTS V9 FENCING SARMEP USED TO PRO'MCT FROM PUBLIC SMOKER B OPEN PIT SHOW SMOKER 25 YEARS OF SELLING FOOD ONSITE 4 1 1 W 'R Mil r .. - • r; lu � x Hogging Up Winchester Bluegrass KCBS BBQ Festival IMPORTANT RULES FOR COMPETITORS Check in area will be located at first gate during set up hours. You will receive a Wrap and passes at your mailing address or via email prior to the festival. Be sure to add B, .igFatDaddus @verizon,net to your safe list! SET UP HOURS: Early Bird: Thurs 3:00- pm- 11:00pm (Electr'sc not on until Friday) Friday 7:00 am to 10:00 am YOU MUST BE IN PLACE FoR`mE wsP_ECTION FRIDAY STARTING AVER 11:00 AM FRIDAY BY RANDY BIGLER You must have a fire extinguisheronsite. h ca;swill ;povided for used or burning charco a eta locate the one Closest to your . Under tea c� ash ced In trash ca • If you have electric you should bring 100 ft extension cord. "We ar using gen r tors o a s e you have checked the appropriate amps needed so we have no electrical issues. Quiet tim is after m am. You can use your awn generators but no noisy generators during this time! • Water is onsite, depending on location you may have hose h kup r have u e potable filling station. Bring at least 50 foot Dose w(Y connector or potable containers, • Cooks meeting TBA Friday evening—eta t ac 5pm. You will be notified a k -in e lunch �Id�ay at Big Fat free Breakfast Saturday at Bi gFat Dadd 's tent. Details to follow_ [ Z • JUDGING TIMES Friday: Anything Butt 5.30 Dessert: 7:00pm • KCB5 JUDGING TIMES Saturday Entries Due: Chicken 12 -Noon, Ribs • Results for everything approximately between 4:00 and S.00 pm. • Please keep in mind we will have live entertainment all night Saturday/Make e to exit quietfyLektt designated IEXir" path and keep mind of pedestrian traffic. stay updated. If youwi etary prize, you may be required to fill out in order to get your prize money. m ' ust be placed in trash receptacles (not ashesl) 1138 on their t call Cindy 410 - 905 -9241 cell or Wayne 410-419 - d vending tents. • No food sales are allowed nor samples to the public. The Virginia Department of Environmental Health will be onsite during the festival to enforce this. • Al[ rules of the KGBS must be followed. You can link to a copy of current rules on their website. • Questions? Call 717 - 793 -2124 prior to festival. Onsite Cindy cell 410 - 908 -9241 Wayne cell 410 -419 -1138. ■ 'r ■ 11 < 1► is v M. ra: Exhibit C: Safe & Crowd C ontrol Plan (Diagrams CROWD SAFETY / CROWD CONTROL • Open floor plan to prevent crowding (attached not to scale) * Security and /or Police Onsite to monitor crowds. * Parking Control Plan — as set up by the Fairgrounds, we will have handicapped spots, and volunteers handling the parking. * Traffic (except EMS vehicles) not permitted around patrons during festival hours. * Separate entrance and exit for BBC Competitors and Band to prevent crowd issues. * Beer Area Safety Plan (See Exhibit G) * Wayne and Cindy Schafer are trained in Emergency Crowd Control and certified by the Fire Marshall of Baltimore, MD (Certificates Attached) U BL IC HEALTH SAFETY / �� * Certified Food Manager onsite. Credentials Attached. * Food stand /s will be inspected by Virginia Department of 9 No Competitor is to provide samples (or sell) to the public. e EMS Station on site. e No exotic animals allowed. *Frederick County Fairgrounds Bathrooms onsite with cleaning volunteers to maintain sanitary conditions. e Additional rental spot a pots as needed, to be cleaned in accordance with bilaws, * Trash cans provided all over as they are at the fairground. • Dumpsters will be provided onsite. • Sanitation volunteers will be constantly collecting trash and making sure grounds are sanitized. • Food Vendor will dump "grey water" into bins and dispose of properly or take back to facility. No dumping of water on grounds. Fairgrounds is equipped with proper sanitation disposal methods. �x � � � 6 , § ■ 2 � , z OWEN AN .! � � � � / a � ( \ � � 3 LL � � \ � 2 ) / � )\ C a! &ƒ {\ f /) t} a$ {I k� �\ k\ ai w� ƒR g �U ial � ! � k ! ( � ■ ! / §) ) Exhibit C1 -C2: Crowd Control Certificates 0\�O ham 3 COMPletin -) 7315 CEtWes that SUccessfully A*ne- 5'o 5- COMPleted the CrOwd Manager Workshop offered by the 1 2/28/2012 . Office of the Mar�and State Fire M,3rshaj 400 . 4,1 494W4 of FF-- I Certifirat'a Of Completion This certifies that Cindir successfully completed the Crowd Manager Workshop 2/28/2012 offered by the, office of the M ary l an d St F ire M arsha, Plaw. this mmate Is Send fbr ffm yews rm the ft W ' j ajam Exhibit l]: Parking Safety Plan (Diagrams) 9 Ut ilize Parking set up as it is for the Frederick Country Fairgrounds. • Volunteers to man gates to aid in parking flow wearing bright vests, and direct traffic with flags. ®NO vehicles allowed on grounds while patrons are in place. e Separate entrance and exit for BBC competitors and band members, also manned by volunteers. Diagram is not to scale r 6 s�' 7 IWIA Exhibit F: Music Plan & Safety 9 There will be no stages brought in. o We will make use of the current outdoor " "covered deck " stage at the Frederick County Fairgrounds with current seating arrangements. Fixed seating provided by Fairgrounds which is currently Bleachers onsite may accommodate 300 patrons. Open space on sides of stage area for tables, chairs, and rental tents (not to exceed 20'x3W size tents) and people to bring their own chairs or blankets to have open seating to watch musical performers. o A sound man is in charge of prodding sound on the stage which will include staggered performances of bands and announcements, (stage lighting) and sometimes CD music playing, during the hours of: HWUM 9 Signed Statement enclosed that no music shall be played to exceed 73 decibels. 9 No continual music for more than 2 hours. No music to last over 3 hours in any day. U Sample of Music Flow: (sample only, bands or performances subject to change) 4.00 - 4:I5 Welcome announcements 4:15 - 5:00: Band Dangerous Mood plays 30 minutes. 5.00 -5 :15 Announcements 5:15 -6:00: Presentation of BBQ Team of the Year 6:15 - 6:30 CD or Radio Music and A word from our sponsor 8:00: -8.15 Announcements T� ` s. 9:00 -9:45 Last Live Performance r ; a * Exhibit F1 Statement of Music Sound 1, Layne M. Schaffer, Sr., and Cindy Fahnestocl- Schaffer, organizers and promoters of Hogging Up BBQ Festival hereby do agree that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom shall exceed 73 decibels at any property line of the Frederick County Fairground in reference to the Hogging Up BBQ Festival, June 28 -30 2013. Additionally, no music shall be played for more than 8 hours in any 24 hour period. Furthermore, we will have written contract with our contracted sound company to also further stipulate this requirements. Cin y Fahnes ck- Schafer wa ne M. Schafer, Sr. Exhibit Gs Alcohol Plan The festival organizers have been in contact with the local representative for the Winchester ABC board and point of contact for permitting the Alcohol. It is our clear understanding that a non - profit shall have the opportunity to handle the alcohol sales as it pertains to beer sales during the festival. This non profit (not yet known) is responsible for application of ABC permits and must attend any and all training required by the VA ABC permit offices for such permits. It is our understanding that one a permit is in place, a winery may be invited for tasting, provided that winery obtains proper permits for on -site tasting in accordance with the permit of the non- profit. rN U Flogging Up BBQ Festival will be working closely with the non profit to ensure that all safety measures as it pertains to alcohol be followed. we have instituted our own rules as follows in our Alcohol Preventative Plan. Please see this plan attached. It is in our best interest to be on the same page as the non profit who will be providing the beer /alcohol sales. Therefore, a Representative of the Hogging Up Festival must attend all meetings and trainings as required by the ABC Department and work closely with the non profit to ensure proper permits are obtained and proper safety measures are in place. At any given time the Hogging Up Festival requires the right to shut down the alcohol sales if proper measures are not being followed. e A written agreement (attached) will be held between the non profit and the Hogging Up Festival to ensure ethical practices are followed. • Hogging Up Festival will be additionally Insuring the non profit as an added safety measure. • Hogging Up Festival will be providing a designated area for the beer tent and wine tasting area. "Refer to arial diagram. * Hogging Up Festival will be providing extra security and or /police at the festival if alcohol is provided. • All alcohol sales must be carded to ensure patrons are of proper age. • All alcohol sales at Hogging Up must be stopped 1 hour or more prior to festival close or in according to state and county laws. Hogging Up may send in "spotters" to ensure that the non profit is operating in accordance to state and county guidelines. If the non profit is not operating in accordance with these terms Hogging Up reserves the right to stop alcohol sales without notice. Anyone showing clear intoxication shall not be served. OT) * Exhibit G1 Preventative Agreement w/Non Profit !; 1 1, r $ t O: Dear Barbara Greer % Baltimore Sons of Italy: We take safety and security at the Hogging Up Music festival seriously. Therefore, we are stipulating the following; * You must obtain and furnish to us prior to the festival your ABC event permit to sell beer at this event. * We will provide a designated are for the beer tent with added security in place. We require you to operate in a safe and effective manner as required by the ABC office, carding all individuals each and every time they ask to drink to ensure they are of legal age. No card=no drink. As well anyone clearly showing or exhibiting signs of clear intoxication should not be served. e All alcohol sales at Hogging Up must be stopped 1 hour or more prior to festival close or in according to state and county laws. • Hogging Up may send in "spotters" to ensure that the non profit is operating in accordance to state and county guidelines. If the non profit is not operating in accordance with these terms Hogging Up reserves the right to stop alcohol sales without notice. Please sign and enclosed agreement to indicate you ha v read these rules and will abide by them: Q'P�A Signed: President of the Sons of Italy 310 Exhibit Ha Outdoor Lighting Statement i, Wayne M. Schafer, Sr, and Cindy Fahnestock Schafer are not bringing in special fighting are using the fighting that is provided by the Frederick County Fairgrounds, with the Frederick County Fairgrounds electrician's approval., and with the Fair Manger Richard Leight. Note. This f is in the summer so therefore fighting shou not b e on issue as the fairgrounds has adequate lighting throughout! • Food Vendor (Big Fat Daddy's) provide their crown clear lighting in their booths to illuminate their stands in accordance with state health laws - Teflon covered food safety bulbs and shielded fluorescents and in accordance to the Fairgrounds rules. • Beer tent will also have Teflon covered safety bulbs or shielded fluorescents in accordance to the Fairgrounds rules. • Exhibitors who are outdoors may illuminate their booth by the lighting provided by the fair, or shut down at dark. Some exhibitors will be in the exhibitor building thereby utilizing the indoor lighting provided by the fairgrounds and may remain open. • Stage lighting is already in place by the Frederick County Fairgrounds, and minimal stage lighting (also known as strobe lighting) may be provided by the Sound Ilan in accordance to Fairground Rules. NO ADDITIONAL COMMERCIAL LIGHTING IS TO BE CONTRACTED, BROUGHT IN, or USED OTHER THAN NORMAL FAIRGROUND AND EICHIBITOR LIGHTING as you would normally see at this Fairgound. Signed: Cindy Faahnestock Schafe w/ayne M. Schafer a� QCI � - 7) VJ 24 0 3� \ r f eopol -a KIP/ '' o Nagging Up BBQ & Music Festival — Attachment/ Addendum 2/5/13 Finalized tine Up of Sands *Note, this does not include performance times but is only showing the list of bands we have finalized after submitting Our sound man is aware of these codes as he does other events in the area a nd we are applying for our Ascap permits /etc. A total of 7 bands are playing over the course of three days. (*with option to quickly substitute a similar replacement should one cancel or break contract ). Please contact Cindy or Wayne at 410 - 908 -9241 with any further questions. Dangerous Mood — duo from Winchester College kids aka Trevor Davis n Jordan McWhorter Circa Blue — POC Steve Harris, Martinsburg VVV lair st: -m Sewers - -14 year old from Phl•sIL- d -elphia with father CMV Bowe ","s present Dangerous Mood — duo from Winchester College kids aka Trevor Davis n Jordan McWhorter Stoney Creek - POC Libby Martinsburg, =MgA MAYBE - Kiirsten Sowers 14 year old • rom Philadelphia with father Clay so -veers Present Dangerous Mood -. duo frorn Winchester College kids alga Trevor Davis n Jordan McWhorter see Burnt Orange Band — Contact Larry Sapping on, VA Hogging UP SBQ & Music Festival —Attachment / Addendum 215/n Safety attachment r This attachment is in r ' egard to the Virgnia <3iant wanting to be an attra6e*n aka entertainment at our festival. If $0, we feel comfortable allowing hire to do so as has done other festivals in the area and made public appearances. For clarficiation of this addendum, the Virginia Giant is an "oversized pickup truck" or more commonly referred to as a "monster truck". Safety Precautions: An EMS station is onsite as well as FIRE & RESCUE FROM TFIE CLEAR BROOK FIRE DEPT, We here Security guards. He would be required to carry liability insurance. Our insurance company would be notified. The area would be confined and he is to provide fencing or have the area properly caution taped off. There is adequate room at the Frederick County Fairgrounds to do so, beeping our open floor plan still intact by allowing him space in the held -- -there is a gravel area please see the X in the diagram. Our safety measures are to have hire in a visible but conflned area so that he may offer display photographs or short "rides" which generally are no more than a few minutes. He is required to exit out a separate entrance closer to the Ruritan gate so as not to upset pedestrian traffic. Suggested area is below. Obt douay no t to scale: �f i r� 2� i Y t� .w \ L� y� CERTIFICATE of RECOGNITIO By virtue of the authority vested by the Constitution in the Governor of the Commonwealth of Virginia, there is hereby of recognized: HOGGING ilk' BBQ FESTIVAL WHEREAS, the Hogging Up BBQ Festival will be an annual event in Frederick County, Virginia; and WHEREAS, the promoter, Big Fat Daddy's, is dedicated to raising awareness for Cancer Research; and WHEREAS, the Kansas City Barbecue Society, is a non - profit organization open to all, and dedicated to furthering the art of Hardwood Smoking though public education; and WHEREAS, the Hogging UP BBQ Festival is a sanctioned event of the Kansas City Barbecue Society, and as such will draw such contestants from all over Virginia, as well as several other states each year to participate in the event; and WHEREAS, the Grand Champion of the Hogging Up BBQ Festival will receive an invitation to the American Royal Barbecue Cook -off, (and/or be eligible for other prestigious invitations); NOW, THEREFORE, I, Robert R McDonnell, do hereby recognize the HOGGING UP BBQ FESTIVAL in our COMMONWEALTH OF VIRGINIA, and I call this observance to the attention of our citizens; and IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Lesser Seal of the Commonwealth of Virginia this fifth day of December, two thousand twelve and in the two hundred thirty- seventh year of the Commonwealth of Virginia, � r I ' uu. / r BOARD SUPERVISORS Gi 17 9 RESOLUTION APPROVING DECLARATION AS SURPLUS PROPERTY AND CONVEYANCE OF 317 S. CAMERON STREET, WINCHESTER, VA TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER, VIRGINIA WHEREAS, the County of Frederick, Virginia, and the Economic Development Authority of the City of Winchester, Virginia, are joint owners of real property with improvements located at 317 S. Cameron Street, Winchester, Virginia, identified as City of Winchester property identification number 193- a -K -14; and WHEREAS, said property was formerly occupied by the Frederick County Division of Court Services and the Winchester /Frederick County Detoxification Center; and WHEREAS, the Frederick County Division of Court Services has relocated its offices and the Winchester/Frederick County Detoxification Center is no longer in operation, said property is currently vacant; and WHEREAS, the Economic Development Authority of the City of Winchester, Virginia, has approached Frederick County about acquiring the County's interest in said real property and has submitted a contract to purchase same; and WHEREAS, there have been no other offers to purchase said real property presented; and WHEREAS, the Board of Supervisors conducted a public hearing on the declaration as surplus and conveyance of 317 S. Cameron Street, Winchester, Virginia, to the Economic Development Authority of the City of Winchester, Virginia, at their March 13, 2013 meeting. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Frederick, Virginia hereby declares the real property and improvements located at 317 S. Cameron Street, Winchester, Virginia, identified as City of Winchester Property Identification Number 193- 1 -K -14 to be surplus property; and BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, approve the sale of the property to the Economic Development Authority of the City of Winchester, Virginia, per the terms of a Purchase Agreement dated February 13, 2013; and BE IT" FURTHER RESOLVED that the County Administrator is hereby authorized to take all necessary actions to execute the conveyance of Frederick County's interest in the property to the Winchester Economic Redevelopment Authority. ADOPTED this 13' day of March, 2013. VOTE: Richard C. Shickle Gary A. Lofton Christopher E. Collins Bill M. Ewing Gene E. Fisher Robert A. Hess Charles S. DeHaven, Jr. John R. Riley, Jr. Frederick County Administrator Resolution No.: BRYAN & COLEMAN, P.L.C. ATTORNEYS AT LAW 116 SOUTH BRADDOCK ,S'T'REET WINCHESTER, VIRGINIA 22 601 TELEPHONE: (540) 545 -4130 FAX: (540) 545 -4131 MICHAEL L. BRYAN, ESQUIRE February 14, 2012 Mr, Jay Tibbs, Deputy County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 Re: Sale of Jail Parcel Dear Jay: Enclosed please find two Purchase And Sale Agreements which have been executed by the EDA in connection with the purchase of the County's 50% interest in the jail parcel. Also enclosed is the deposit check in the sum of $500.00 as called for under the terms of the contract. Please have the contract signed once approved by the Board of Supervisors and return a copy to me. We can proceed to closing fairly quickly after the Board of Supervisors approves this transaction. Please let me know when the (natter is scheduled for consideration by the Board. Thank you. e truly yours, Michael L. Bryan MLB:smb Enclosures cc: James W. Deskins Cb RE g � �) w -W Email: Mb aAlinrner Enclosed please find two Purchase And Sale Agreements which have been executed by the EDA in connection with the purchase of the County's 50% interest in the jail parcel. Also enclosed is the deposit check in the sum of $500.00 as called for under the terms of the contract. Please have the contract signed once approved by the Board of Supervisors and return a copy to me. We can proceed to closing fairly quickly after the Board of Supervisors approves this transaction. Please let me know when the (natter is scheduled for consideration by the Board. Thank you. e truly yours, Michael L. Bryan MLB:smb Enclosures cc: James W. Deskins PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Agreement ") made and dated this day of February, 2013, ( "Effective Date ") by and between THE COUNTY OF FREDERICK, VIRGINIA (the "Seiler "), and ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Purchaser "). RECITALS: A. The County of Frederick, Virginia is currently vested with a fifty percent (50 %) undivided interest in that certain lot or parcel of land, lying and being situate on the west side of South Cameron Street at its intersection with East Cecil Street, in the City of Winchester, Virginia unproved by a building designated as 317 South Cameron Street in the City of Winchester, Virginia (the "Property "). Tax Map No. 193- 1 -K -14. B. Seller desires to sell and Purchaser desires to purchase the Property, together with all improvements situate thereon and all rights, rights of way and appurtenances thereunto belonging, upon the terms and conditions set forth hereinafter. NOW THEREFORE, in consideration of the earnest money deposit, more particularly described hereinafter, (the "Deposit ") and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby agrees to sell and Purchaser hereby agrees to purchase the Property on the following terms and conditions. 1. PURCHASE PRICE: The total Purchase Price of the Property shall be Two Hundred Eighteen Thousand and Eighty-Seven Dollars ($218,087.00). 2. DEPOSIT: Contemporaneously with the full execution of this Agreement, Purchaser shall deposit the sure of Five Hundred Dollars ($500.00) (the "Deposit") with Seller. Unless otherwise applied in accordance with this Agreement, the Deposit shall be applied to the Purchase Price (as hereinafter defined) due Seller at Settlement (as hereinafter defined). 3. CONDITION AND INSPECTION: Purchaser agrees to accept the Properly at Settlement in its present physical condition. Purchaser specifically ,acknowledges „and agrees that the P. ro aperty shall be _conveyed "AS IS ","WHERE IS, and "WITH ALL FAULTS ". No warranty or assurance of apy kind is &ven by-Seller as to matters of zoning, restrictions, environmental status, ,development p9tential, tax assessment abatement or my other matter concerning the use condition or status of the Prope 4. SETTLEMENT: Settlement ( "Settlement ") shall be made at the offices of Michael L. Bryan, Esquire, 116 South Braddock Street, Winchester, Virginia 22601, within fifteen (15) -I- days after approval of the sale of the Property by the Board of Supervisors of Frederick County, Virginia, but in no event later than April 19, 2013 (the "Closing Date "). IN NO EVENT SHALL CLOSING OCCUR LATER THAN APRIL 19, 201.3. Possession of the Property shall be given at Settlement by Seller to Purchaser. 5. RISK OF LOSS: Seller assumes all risks and liability for loss, damage to or destruction of the Property until Settlement. 6. EXPENSES: PRORATIONS: Seller agrees to pay the Grantor's tax, the cost of preparing the Deed, all Seller's attorney's fees, and all nonnally proratable items shall be prorated to the Closing Date, based upon the latest assessments or actual invoices available. Purchaser shall pay the cost of recording the Deed, any fees of Purchaser's attorney, title insurance premiums, any costs associated with obtaining financing, environmental studies, title examination costs, and all other standard settlement expenses incurred in connection with this purchase. 7. BROKERAGE FEE: Seller and Purchaser agree that no broker, finder, real estate agent, or other person or entity whatsoever has acted for or on behalf of either of them in bringing about this Agreement. 8. TITLE: (a) At Settlement, Purchaser shall be entitled to receive good and marketable fee simple title to the Property, insurable at regular rates by a title insurance company duly authorized to do business in the Commonwealth of Virginia, subject, however, to recorded easements, agreements, and restrictions applicable thereto which do not render title to the Property unmarketable or unreasonably interfere with Purchaser's intended use and /or occupancy of the Property for commercial /office /residential purposes, as determined by Purchaser, in Purchaser's sole and absolute discretion, and free of all liens, leases, tenancies and other encumbrances whatsoever. (b) At Settlement the Seller shall convey good and marketable fee simple title to the Seller's 50% undivided interest in the Property to the Purchaser by general warranty deed. 9. SELLER'S OBLIGATIONS AT SETTLEMENT: At Settlement, Seller shall execute and deliver the Deed required above, and all other such customary documents and affidavits which may be reasonably required by the settlement attorney or Purchaser's title insurance company in order to consummate Settlement hereunder. 10. PURCHASER'S OBLIGATIONS AT SETTLEMENT: At the Settlement hereunder, Purchaser shall pay the Purchase Price pursuant to Section. 1 hereof, and execute and deliver all such customary documents and affidavits which may be reasonably required by FPA the settlement attorney or Purchaser's Title Insurance Company in order to consummate Settlement hereunder. 11. REMEDIES: (a) In the event that Seller fails or refuses to perform its obligations hereunder by the Closing Date, Purchaser shall be entitled the return of the Deposit or, in Purchaser's sole discretion, to exercise the right of specific performance, if available to Purchaser, as Purchaser's sole and exclusive remedies on account of such breach by Seller. In no event shall Seller be held liable for any damages whatsoever arising from or incident to such breach or default by Seller, including, but not limited to, compensatory, special and/or punitive damages. (b) In the event that Purchaser fails to perform its obligations hereunder by the Closing Date, Seller shall be entitled to retain the Deposit as Seller's sole and exclusive remedy. 12. CONDEMNATION: In the event any condemnation proceedings are instituted with respect to all or any portion of the Property prior to the Closing Date hereunder, Seller shall promptly notify Purchaser thereof. In the event that prior to Settlement hereunder, there shall occur a taking by condemnation or eminent domain of all or any portion of the Property or a proposed conveyance to a condemning authority in lieu of condemnation, then Purchaser, at its option, may either (i) terminate this Agreement by delivery of written notice thereof to Seiler, and thereupon the parties shall have no further rights or obligations hereunder and the Deposit shall be returned to Purchaser, or (ii) proceed to closing hereunder, in which event Seller shall assign to Purchaser at closing all interest of Seller in and to any condemnation proceeds that may be payable to Seller on account of such condemnation and thereupon Purchaser shall control all negotiations and proceedings undertaken with the condemning authority with respect to the Property; Purchaser shall receive a credit at Settlement in the amount of any condemnation proceeds paid to and retained by Seller with respect to the Property prior to the Closing Date. 13. PARTIES BOUND: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective personal representatives, heirs, successors and assigns. 14. APPLICABLE LAW: This Agreement shall be construed in accordance with the laws of or applicable to the Commonwealth of Virginia. 15. FOREIGN PERSONS: Seller hereby represents and warrants to Purchaser that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended, and Seller further agrees, at Settlement, to furnish Purchaser an affidavit to this effect complying with the provisions of Section 1445 of the Internal Revenue Code of 1986, as amended. If Seller fails to execute and deliver such affidavit, Purchaser may deduct and withhold from the Purchase Price such amounts and the Purchaser may be required to withhold in order to satisfy any of Purchaser's talc withholding obligations under such statutes or regulations promulgated pursuant thereto. -3- 16. NON - MERGER. The provisions of this Agreement shall survive the Settlement hereunder and the execution and delivery of the Deed of conveyance conveying the Property and shall not be merged therein. 17. NOTICES: All notices, demands, or other communications that may be necessary or proper hereunder shall be deemed duly given if personally delivered, or when deposited in the United States mail, postage prepaid., first class, registered or certified, return receipt requested, addressed respectively as follows: Purchaser: Economic Development Authority of the City of Winchester, Virginia Rouss City Hall 15 North Cameron Street Winchester, Virginia 22601 Attn: Jaynes Deskins, Executive Director With a copy to: Michael L. Bryan, Esquire 116 South Braddock Street Winchester, Virginia 22601 Pax: 540 /545 -4131 E-Mail: mba=Z@earthlink.net Seiler: The County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Attn: John R. Riley, Jr., County Administrator With a copy to: Roderick Williams, Esquire 107 North Kent Street Winchester, Virginia 22601 Fax: 540/667.0370 E -Mail: rwillig@co.frederick.va.us 18. MECHANIC'S LIEN NOTICE: Virginia law {,Va. Code Ann. Sec. 43 -1 et sea, permits persons who have performed labor or furnished materials for the construction, removal, repair or improvement of any building or structure to file a lien against the Property. This lien may be filed at any time after the work is commenced or the material is furnished, but not later than the earlier of (i) 90 days from the last day of the month in which the lienor last performed work or furnished materials or (ii) 90 days from the time the construction, removal, repair or improvement is terminated. AN EFFECTIVE LIEN FOR WORK PERFORMED PRIOR TO THE DATE OF _4- SETTLEMENT MAY BE FILED AFTER SETTLEMENT. LEGAL COUNSEL SHOULD BE CONSULTED. 19, TITLE INSURANCE NOTIFICATION: The Purchaser may wish at Purchaser's expense to purchase owner's title insurance. Depending on the particular circumstances of the transaction, such insurance could include affirmative coverage against possible mechanic's and 3materialmen's liens for labor and .materials performed prior to settlement and which, though not recorded at the time of recordation of the Purchaser's deed, could be subsequently recorded and would adversely affect Purchaser's title to the Property. The coverage afforded by such title insurance will be governed by the terms and conditions thereof, and the dollar amount of the cost of obtaining such title insurance coverage. 20. TOTAL AGREEMENT: This Agreement contains the full and final agreement between the parties hereto with respect to the sale and purchase of the Property. Purchaser and Seller shall not be bound by any terms, conditions, statements, warranties, or representations, oral or written, not contained herein. No change or modification of this Agreement shall be valid unless the same is in writing and is signed by the parties hereto. No waiver of any of the provisions of this Agreement shall be valid unless the same is in writing and is signed by the party against which it is sought to be enforced. 21. ELECTRONIC SIGNATURE: For purposes of negotiation, executing and amending this Agreement, any signed document transmitted by facsimile machine or scanned email shall be treated in all manner and respects as an original document. The signature of any party thereon shall be considered to have the same binding legal effect as an original signature on an original document. At the request of any party, a facsimile or scanned email document shall be re- executed by all parties in original form. No party may raise the use of a facsimile machine or scanned email, or the fact that any signature was transmitted through the use of a facsimile or scanned email, as a defense to the enforcement of this Agreement. 22. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which together shall constitute one and the same Agreement. 23. CONTINGENCY: Seller's obligations under the terms of this Agreement are expressly contingent upon the approval of the sale of the property in accordance with the terms of this Agreement by the Board of Supervisors of Frederick County, Virginia on or before March 15, 2013. In the event that the Board of Supervisors of Frederick County, Virginia fails to approve the sale of the Property in accordance with the terms of this Agreement on or before March 15, 2013, then and in that event, this Agreement shall become Paull and void and of no fiuther binding force or effect whatsoever and the Deposit shall be returned to the Purchaser. 24. "TIME: Time is of the essence with respect to all matters set forth in this Agreement, -5- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under seal as of the later of the dates set forth below, which date shall be inserted on Page 1 of this Agreement. PURCHASER: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER, VIRGINIA C By. L (SEAL) Jam . Deskins, xecutive Director SELLER: THE COUNTY OF FREDERICK, VIRGINIA By ._ (SEAL) John R. Riley, Jr., County Administrator MLBIPmn cAContravOCounty to FDA - Jail Property 2/13113 ATTACHMENT 1 Tax Map Nos.: 49B03- 124 -6, 49B03- 124 -7, 49B03- 124 -8, 49B03- 124 -9, 49B03- 124 -10, 49B03 -123 -265, 49B03 -123 -266, 49B03 -123- 282, 49B03- 123 -283, and 49BO- 123 -284 Consideration: Exchange County is exempt from recordation taxes pursuant to Va. Code § 58.1- 811(A)(3) (as to County as grantee) and (C)(4) (as to County as grantor) Prepared by and return to: Roderick B. Williams, County Attorney 107 North Kent Street, 3r Floor Winchester, VA 22601 DEED OF EXCHANGE THIS DEED OF EXCHANGE, made and entered into this day of 2013, by and between CHW PARTNERSHIP, a Virginia Partnership, Grantor and Grantee, party of the first part; and the FREDERICK COUNTY SANITARY DISTRICT OF SHAWNEE -LAND, a sanitary district created pursuant to the provision of §§ 21 -113 et seq. of the Code of Virginia (1950, as amended), of the COUNTY OF FREDERICK, a political subdivision of Virginia, Grantee and Grantor, party of the second part; WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid unto the party of the first part at and before the delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF TITLE, unto the party of the second part all of those certain lots or parcels of land, together with all improvements thereon, located and being in the County of Frederick, Virginia, Back Creek Magisterial District, and more particularly described as follows: All of those certain lots or parcels of land designated as Lot 6, Plat 2, Section 24 and Lots 7, 8, 9, and 10, Plat 4, Section 24, described and set forth in that certain Deed of Dedication of Mad ec, Inc., dated August 24, 1973, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 416, at Page 318, being the same lots or parcels conveyed to the party of the first part by a deed from C. Michael Lamborne and Shirley Lamborne, husband and wife, dated August 22, 1989, and of record in said Clerk's Office, in Deed Book 723, at Page 595. Reference is hereby made to the aforesaid deed or deeds referred to herein for a more particular description of the land hereby conveyed. This Deed is subject to all easements, rights of way, and restrictions of record as to the lots herein conveyed to the party of the second part. That for and in consideration of the sun of TEN DOLLARS ($10.00), cash in hand paid unto the party of the second part at and before the delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the second part does hereby grant, bargain, sell and convey with SPECIAL WARRANTY OF TITLE, unto the party of the first part all of those certain lots or parcels of land, together with all improvements thereon, located and being in the County of Frederick, Virginia, Back Creek Magisterial District, and more particularly described as follows: All of those certain lots or parcels of land designated as Lots 265 and 266, Plat 21, Section 23, and Lots 282, 283, and 284, Plat 22, Section 23 of the plats and plans of Shawnee Land, which plats and plans, together with the deeds of dedication, are of record in the Clerk's Office of the Circuit Court for Frederick County, Virginia, being the same lots or parcels conveyed to the party of the second part by deed from Charlemagne Corporation, dated October 5, 1992, and of record in the aforesaid Clerk's Office, in Deed Book 799, at Page 400, and being the same lots or parcels conveyed to Charlemagne Corporation by deed from Staap Corporation, dated December 1, 1989, and of record in the aforesaid Clerk's Office, in Deed Book 734, at Page 67. Reference is hereby made to the aforesaid deed or deeds referred to herein for a more particular description of the land hereby conveyed. This Deed is further subject to all other easements, rights of way, and restrictions of record as to the lots herein conveyed to the party of the first part. The signatories to this Deed for CHW Partnership personally represent and warrant that they are the only partners of CHW Partnership and that they are duly authorized and permitted to execute this Deed on behalf of CHW Partnership. R WITNESS the following signatures and seals: CHW PARTNERSHIP, a Virginia Partnership By: (SEAL) By: (SEAL) By: (SEAL) STATE OF COUNTYICITY OF , to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that , as Partner, a duly authorized partner of CHW Partnership, whose name is signed to the foregoing Deed, dated this day of , 2013, appeared before me in my jurisdiction aforesaid and acknowledged the same before me. Given under my hand and seal this day of 1 2013, Notary Public Registration No.: My commission expires: STATE OF COUNTYICITY OF , to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that as Partner, a duly authorized partner of CHW Partnership, whose name is signed to the foregoing Deed, dated this day of , 2013, appeared before me in my jurisdiction aforesaid and acknowledged the same before me. Given under my hand and seal this day of , 2013. Notary Public Registration No.: My commission expires: STATE OF COUNTY /CITY OF , to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that , as Partner, a duly authorized partner of CHW Partnership, whose name is signed to the foregoing Deed, dated this day of 2013, appeared before me in my jurisdiction aforesaid and acknowledged the same before me. Given under my hand and seal this day of _ , 2013. Notary Public Registration No.: My commission expires: k3 FREDERICK COUNTY SANITARY DISTRICT OF SHAWNEE -LAND, a sanitary district created pursuant to the provision of §§ 21 -113 et seq. of the Code of Virginia (1950, as amended.), of the COUNTY OF FREDERICK, a political subdivision of Virginia By: (SEAL) COMMONWEALTH OF VIRGINIA COUNTY /CITY OF , to wit: 1, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that ' as of the County of Frederick, a political subdivision of Virginia encompassing the Frederick County Sanitary District of Shawnee -Land, whose name is signed to the foregoing Deed, dated this day of , 2013, appeared before me in my jurisdiction aforesaid and acknowledged the same before me. Given under my hand and seal this Notary Public Registration No.: day of ---.. My commission expires: APPROVED AS TO FORM: Roderick B. Williams Frederick County Attorney 4 400E Kendrick Lane RC Front Royal, Virgirtia 22630 "S— Phone: 540 -636 -8800 Fax: 540- 635 -4147 NORTHERN SHENANDOAH VALLEY RFGIONA.L COMMISSION OFFICERS March 5, 2013 Dennis M, Morris Chairman John R. Riley, Jr. John Riley, County Administrator Vice Chairman County of Frederick, Virginia Nora Belk Comer 107 North }tent Street SecretarytTreasttrer Winchester, Virginia 22601 Martha Shick€e Executive Director Dear Mr. Riley: COMMISSIONERS cLAR v McKa Enclosed is a fact sheet developed summarizing the proposed project application for funding BrandonStidham• through the Virginia Department of Housing and Community Development's (DHCD) Community FREDERICK COUNTY Development Block Grant (CDBG) Program in support of The Laurel Center relocation project. This Charles S. DeHaven, Jr. Eric R. Lawrence fact sheet is available to members of the public wishing to learn more about the proposed project. John R. Riley, Jr.* Y PAGE le Comc Nora Belle Come In preparation for submission of the funding request, the County, in partnership with the Northern r• Robert Griffith Shenandoah Valley Regional Commission (NSVRC) and The Laurel Center have hosted public SHENANDOAH input sessions regarding the available use of CDBG funding, the County's prior usage of funds and COUNTY the intent to apply for funding during the 2013 cycle. Branoona Conrad Helsley Dennis M. Morris* Each of these actions, including facilitation of a public hearing on March 13, 2013 regarding the WARREN COUNTY Jr. project, is required for application submission to DHCD. After the public hearing, we request the Richard H. Vance* a John E. Vance* Board consider official approval submit the funding request for $700,000 in support of the project on or before March 27, 2013. BERRYVILLE Mayor Wilson Kirby FRONT ROYAL If you have any questions or concerns, please contact me. Daryl L, Funk Jeremy F. Camp Thank you, J.URAY Jerry M. Schirow MIDDLETOWN Thomas Simon STRASBURG Martha Shickle Robert Baker Executive Director STEPHENS CITY Martha W. Dilg attachments WINCHESTER Evan H. Clark Timothy A. Youmans* WOODSTOCK Jacqueline Lambert 'denotes Executive Committee Member PROJECT FACT SHEET: THE LAUREL CENTER (TLC) NEW DOMESTIC VIOLENCE SHELTER The Laurel Center (TLC) is an IRS 501(c) (3) approved non -profit organization providing comprehensive services to victims of domestic and/or sexual violence, and their children. TLC is in the process of constructing a new emergency domestic and sexual violence shelter and outreach center that meets a wide variety of needs to physically endangered women and children, many of whom are homeless. This activity contributes to TLC's mission of empowering victims of domestic and sexual violence by providing emergency housing, advocacy, job training, support services, and education. TLC serves residents of Frederick County, the City of Winchester and Clarke County. Frederick County local government is submitting, on behalf of TLC, a grant application to the Virginia Department of Housing and Community Development for $700,000 in federal Community Development Block Grant (CDBG) funding to support construction of the new facility. Below are some key facts about the project. • Demand for domestic violence and sexual assault victim services has increased significantly. • Construction of a new facility is needed given the overwhelming demand for TLC services. Last year, over 200 endangered women and children were turned away due to lack of space. • A new facility is needed because the current facility is old and in dilapidated condition, and cannot keep up with current demand for TLC programs and services. • The new TLC facility site is located within a low- to moderate - income (LMI) area, and will serve all persons in need of domestic /sexual violence support services. • The facility will provide expanded living quarters, kitchen and living space as well as office space for operation of TLC support programs and services. • It will contain approximately 20,000 square feet, including eight bedrooms with 7,000 total square feet of living space (with the option of an additional 7,000 square feet of living space for more bedrooms, based on future demand). • The new facility doubles TLC's current emergency shelter capacity. TLC expects to shelter over 400 persons annually. The new facility contains sufficient space for TLC's 18 programs, providing assistance to over 2,000 persons annually. • TLC is the only place in the area where women can go for these services. There is no other place that offers such services in the service area. • This is a request for funding provided to Virginia by the federal CDBG program, not local tax dollars, it will not impact the taxes of Frederick County residents. • The County sees this project as a very cost effective solution to a major community problem- helping victims of domestic and sexual violence. • The project has raised private funding directly from the community more than $2 million dollars of the $4.3 million project cost. • Several key community leaders support this project, as well as Congressional leaders such as Congressman Frank Wolf. CO C+OiNDITIONAL USE PERMIT #01 -13 JUDY TINGLE { Staff Report for the Board of Supervisors ' Prepared: February 28, 2013 .g 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 Action Planning Commission: 02120/13 Recommended approval Board of Supervisors: 03/13/13 Pending EXECUTIVE SUMMARY: This is a request for a revision to the requirements under Conditional Use Permit 909 -10, approved by the Board of Supervisors on January 26, 2011, enabling an In -home Family Day Care Facility. This request is for the purpose of increasing the number of children being cared for at any given time. The Planning Commission unanimously recommended approval of this application at their February 20, 2013 meeting with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6 a.m. to 7 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #01 -13, Judy Tingle February 28, 2013 LOCATION This property is located at 284 Tyler Drive (Hiatt's Run Subdivision). MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBER 32A -2 -18 PROPERTY ZONING & PRESENT USE Zoned: RA (Rural Area) Land Use: Residential ADJOINING PROPERTY ZONING & USE North: RA (Rural Area) South: RA (Rural Area) East: RA (Rural Area) West: RA (Rural Area) Land Use: Residential Land Use: Residential Land Use: Orchard Land Use: Residential PROPOSED USE This is a request for a revision to the requirements under Conditional Use Permit #09 -10, approved by the Board of Supervisors on January 26, 2011, enabling an In -home Family Day Care Facility. This request is for the purpose of expanding Conditional Use Permit #09 -10 to allow for 12 children, rather than eight, being cared for at any given time. REVIEW EVALUATIONS Frederick - Winchester Health Department: The Health Department would have no objection to the proposal based on the following conditions: 1) The permitted water use of 600 gallons per day (gpd) for the existing sewage disposal system is not to be exceeded on any day. The water use is calculated as follows: 75 gpd per resident of the dwelling a 10 gpd per child in the daycare without showers or baths • 16 gpd per child in the daycare with showers or baths 25 gpd per employee 2) Only prepackaged food and beverages (including water) are to be served to the children in the day care. A change in capacity exceeding the maximum of 12 that you have proposed would require a food permit from the Heath Department. Page 3 CUP #01 -13, Judy Tingle February 28, 2013 Planninp, and Zoning: An in -home daycare facility is a permitted use as a cottage occupation in the RA (Rural Areas) zoning district with an approved Conditional Use Permit. The in -home daycare facility is defined by the Zoning Ordinance as a facility in which more than five children, not including those children related to the people who maintain the facility, are received for care, protection, and guidance during only part of the 24 -hour day. The Department of Social Services currently has Ms. Judy Tingle licensed for a capacity of eight (8) children. With the approval of a new Conditional Use Permit, The Department of Social Services has granted approval to allow Ms. Tingle to increase the capacity to a maximum of twelve (12) children. The current in -home daycare facility is operating within the principal residential structure on a five acre lot, and staff to dale has not received any complaints as it relates to the existing in- home dayeare. All the following approved conditions will remain the same except condition number five, which will allow no more than twelve (12) children being cared for at any given time. STAFF CONCLUSIONS FOR THE 02/20/13 PLANNING COMMISSION 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 and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6 a.m. to 7 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use permit. PLANNING COMMISSION SUMMARY & ACTION OF THE 2/20/13 MEETING Commissioners inquired if the Social Services permit was related to the age of children under care. The applicant stated she was licensed to care for children ranging from six weeks up to age Page 4 CUP 401 -13, Judy Tingle February 28, 2013 10. The applicant said she needed to increase the number of children allowed because some of the parents had babies and they did not want to go to two separate day care centers, she said there were three additional children this year. The applicant said she received a letter of authorization from her Social Services State Supervisor stating that she is allowed to have tip to 12 children. The applicant also noted she will have one employee_ There were no public comments. No other issues or concerns were raised and the Commission believed the request was appropriate. The Planning Commission unanimously recommended approval of the conditional use permit with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6 a.m. to 7 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this conditional use permit shall be erected on the property. S. Other than those children residing on the property, there shall be no more than 12 children being cared for at any given time. b. Other than those persons residing on the property, there shall be no more than one employee working at the day care at any time. 7. Any expansion or change of use will require a new conditional use permit. w w Judy Tingle r m r D 10 _ d X ' I N _ CClPI? 1'13 _7A 1b, ! j Mad r a. fflam O Applications Q Parcels =� C? Building Footprints 61 (Business, Neighborhood District) t o� +o aeweua o 82 (Business, General District) 83 (Business, industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) < q, 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) CUP # 01 - 13 Frederick County Deptaf Plannin Development Judy Tingle 107 N Kent t St PINS: Suite 202 32A - 2 - 18 Winchester, VA 22601 Revision to CUP # 09 - 10 540 - 665 - 5651 Map Created: January 31. 2013 Staff: djohnsfon 0 105 210 420 Feet COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 FAX: 5401665 -6395 February 3, 2011 Ms. Judy Tingle 284 Tyler Dr. Clearbrook, VA 22624 RE: CUP #09 -10 Property Identification Number 32A -2 -1$ Dear Ms. Tingle: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 26, 2011. Conditional Use Permit #09 -10 was approved for a Cottage Occupation to enable an In -home Dav Care Facility. Conditions associated with the approval of this Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2, Hours of operation shall be permitted from 6:00 a.m. to 7:00 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 5- Other than those children residing on the property, there should be no more than eight children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use permit. Y Iff4le"ave any questions re arding this action, please feel free to call this office. �fi g r Sincerely, Dana MT . Johnston Zoning Inspector DMJ/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Submittal Deadline c° P/C Meeting o 3 I BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Aoolicant (The applicant if the Z owner other) ADDRESS: 4 & 1 4. 71 1 &- t- 7 ( 2 1 & car �)r^no VQ . 2 2 (a L-4 TELEPHONE _ x4 0 - 32 : :! n er 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: J u A \r T r, q i e 3. The property is located at: (please give exact directions and include the route number of your road or street) Tr, k,: - t /; aka - - I/ T..,,• ,., V 7 L C, 1 : 7 � � rn (�!9 a "I- d i i f - rn nQLf i1 \/ 1 ' -r l (' . (7� Ln P 7� its a�' i�`►r1 / 3 `yr�r� jS 4. The pr7perty has a road frontage of ' feeL and a depth of feet and consists of acres. ('lease be exact) 5. The property is owned by JU {L! rta f e. as evidenced by deed from J aiti'Lf's ' 14. L'ori� recorded (previous owner) in deed book no. on page (aUL:. as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identificaticn (I.b.)No. -� Magisterial District 1 tnin�g { JAN 3 1 2013 -- L ...... F, COUNTY 7. Adj oining Property: 6 E -4" tD USE North East South West g ZONING The type of use proposed is (consult with the Planning Dept. before completing) a It is proposed that the following buildings will be constructed: 14. 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 Liz - az LL( ADDRESS 1'16 0 V PROPERTY IDi# NAME = � �P � %5 ' � r .t,I �t PROPERTY IDs# �2 49 -;2 4�-- � ,1 f 1 )' NAME ' ADDRESS PROPERTY ID # t? <Q L r v NAME et t r ku ��, 0 PROPERTY ID# a 2 — A - ADDRES NAME fy) c P ADDRESS PROPERTY IDS NAME ADDRESS ` 6, r7 7) r PROPERTY ID# 12. Additional comments, if airy: I (we), the undersigned, do hereby respectfully make application and petition the goverifng 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 conducted. Signature of Applicant 91 -� Signature of Owner Ownors' Mailing Address 2 . 2 2 w' 24 Ownors' Telephone No. 5 4 — 2 - 10 10 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 MEMORANDUM FAX: 5401665 -6395 To: Frederick County Board of Supervisors P. From: Candice E. Perkins, AlCP, Senior Planner v Subject: Public Hearing — RA (Rural Areas) District Setback Waiver Removal Date: March 4, 2013 Staff has been asked to remove the waiver opportunity currently contained in the RA (Rural Areas) Zoning District that allows the Board of Supervisors to reduce the setbacks for an existing lot of record if an undue hardship exists. This waiver should be eliminated because these requests should be handled by the Board of Zoning Appeals. This item was discussed by the DRRC at their October 2012 meeting. The DRRC endorsed the proposed revision as drafted and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on December 5, 2012; the Commission had no comments and forwarded the amendment to the Board of Supervisors for discussion. The Board of Supervisors discussed this item on January 9, 2013; the Board had no changes and forwarded the item to the Planning Commission for public hearing. The Planning Commission held a public hearing for this item on February 20, 2013; there were no citizen comments and the commission recommended approval of the amendment. The attached document shows the existing ordinance with the proposed changes (with strikethroughs for text eliminated). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with strikethrough for deletions. 2. Resolution. CEP /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 ATTACHMENT 1 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District § 155 - 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 *§ 165- 401.07E Remains Unchanged RESOLUTION Action: PLANNING COMMISSION: February 20, 2013 Recommended Approval BOARD OF SUPERVISORS: March 13, 2013 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE HIV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT 165 -401.07 SETBACK REQUIREMENTS WHEREAS, an ordinance to amend Chapter 165 Zoning, to remove the waiver opportunity contained in the RA Zoning District that allows the Board of Supervisors to reduce the setbacks for an existing lot of record, was considered. WHEREAS, The Planning Commission held a public hearing on this ordinance on February 20, 2013; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance on March 13, 2013; 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; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to remove the waiver opportunity contained in the RA Zoning District that allows the Board of Supervisors to reduce the setbacks for an existing lot of record. PDRes 905 -13 This amendment shall be in effect on the day of adoption. Passed this 13th day of March, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr_ Frederick County Administrator PDResPD5 -13 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 5401665-6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner Subject: Public Hearing — Proposed Revisions to the Master Development Plan Review and Submission Requirements Date: March 4, 2013 As the Board of Supervisors is aware, the way in which Master Development Plans (MDP's) are currently processed and reviewed by the Commission and the Board of Supervisors does not precisely follow the requirements outlined in Part 801 of the ,Zoning Ordinance. Specifically, the Zoning Ordinance requires the Planning Commission to make a recommendation to the Board of Supervisors on these plans and then, subsequently, the Board of Supervisors is required to approve or deny the MDP. However, due to the fact that MDP's demonstrate compliance with the County Code and are not scheduled for review at a public meeting until they meet all the requirements and have addressed all review agency comments, MPD's are only presented as an informational item to the Planning Commission and the Board of Supervisors (no action on the plan is required). Therefore, to bring the Zoning Ordinance into compliance with current practice, staff has prepared a revision to Part 801 of the Zoning Ordinance - Master Development Plans, to update the MDP requirements, revise how MDP's are processed, and reorganize the text for clarity. Proposed changes are as follows: • The text has been reorganized as follows: o Review Conference and Preapplication conference have been combined. o The required content (plan information) for MDP's has been relocated from the end of the ordinance to the beginning (so that it is ahead of the MDP submission requirements). • Ordinance updates: • Intent — updated to include references to subdivisions. • MDP Process has been modified to remove the Planning Commission and Board of Supervisors approval requirement. MDP's are reviewed by County staff to ensure compliance with the County Code and then presented to the Planning Commission and the Board of Supervisors as an information item only (consistent with how MDP's are currently being processed). • Revised MDP Process flow chart. This item was discussed by the DRRC at their October 2012 meeting. The DRRC endorsed the proposed revision as drafted and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on December 5, 2012; the Commission forwarded the amendment to the Board of Supervisors for discussion. The Board of Supervisors discussed this item on January 9, 2013; the Board had no changes and forwarded the item to the Planning Commission for public hearing. The Planning Commission 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Frederick County Board of Supervisors Master Development Plans March 4, 2013 Page 2 held a public hearing for this item on February 20, 2013. One citizen spoke in opposition to the proposed amendment changes, his concernris were as follows: the proposed changes will leave the determination of MDPs solely to the Planning Department Director and the County Administrator with no Planning Commission oversight; the potential exists for issues to occur with no oversight and rio public input; the information the developer must provide, such as a history of past land divisions, ownership, and uses, is difficult for the developer to tract down and is already available in County records; the instructions are vague, there are no time lines for the County to meet; and the amendment is ambiguous and is abusive to the developer, as well as county residents. After the public hearing, the Planning Commission unanimously recommended approval of the amendments. The attached documents show the existing ordinance with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Draft revisions to Part 801 - revised ordinance with additions shown in bold underlined italics 2. Draft revisions to other MDP references in Chapter 165 3. Resolution. CEP/bad DRAFT REVISIO TO PART 80 AND 8 02 ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801— Master Development Plans § 165- 801.01 Intent. The purpose of the master development plan (MDP) is to promote orderly and planned subdivision and development of property within Frederick County. It is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The MDP shall be used to illustrate the characteristics of the property proposed for subdivision andlor development and of surrounding properties and ensure that the requirements of the County Code have been satisfied. § 165 - 801.02 When required. A. A preliminary Master Development Plan (MDP) and- a final 5 -shall be submitted to the Director of Planning and Development, and shall be presented to the Planning Commission and the Board of Supervisors as an informational item. Ultimately, the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in any of the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District HE High Education District MS Medical Support District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office- Manufacturing Park District M1 Industrial Light District M2 Industrial General District EM Extractive Manufacturing District DRAFT REVISIONS TO PART 801 AND 802 B. The MDP shall at least include the subiect property proposed for subdivision or development as well as all contiguous land under single or common ownership in the above zoning districts. C. A PF eliMiRaF MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP. § 165 - 801.03 Waivers. A. RP, R4, R5, MS and MH1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the RP (Residential Performance District), the R4 (Residential Planned Community District), the R5 (Residential Recreational Community District), Medi S Di and the MH -1 (Mobile Home Community District), if the proposed property for subdivision or development: (1) Contains 10 or less single- family detached rural traditional, single- family detached traditional or single- family detached urban tra i t m ena l d etac h e d S i Rg l , family dwelling units ( all other permitted housing types shall require a MDP) (2) Is not an integral portion of a property proposed or planned for future development or subdivision; (3) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (4) Does not substantially affect the purpose and intent of its zoning district and the intent of this article. B. M1, EM and M2 Districts. The Director of Planning and Development may waive the requirement of a MDP in the M1 (Light Industrial), '^^ Rg r,-S+rir+ the EM (Extractive Manufacturing), Zening Di s t i ri .+ or the M2 (Industrial General) Zoning Districts if the proposed subdivision or development; (1) Includes no new streets, roads or rights -of -way, does not further extend any existing or dedicated street, road or rights -of -way and does not significantly change the layout of any existing or dedicated street, road or rights -of -way; (2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (3) Is not an integral portion of a property proposed or planned for future development or subdivision; (4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (5) That such development does not substantially affect the purpose and intent of this chapter. 2 DRAFT REVISIONS TO PAR 801 AND 802 C. 131, B2, B3, MS and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the B1 (Neighborhood Business), B2 (Business General), B3 (Industrial Transition), MS (Medical Support) or HE (Higher Education) Zoning Districts if the proposed subdivision or development: (1) Contains less than five acres in the 131 District and less than 10 acres in the B2, B3, MS or HE District; (2) Includes no new streets, roads or rights -of -way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; (3) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (4) is not an integral portion of a property proposed or planned for future development or subdivision; (5) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (6) That such development does not substantially affect the purpose and intent of this chapter. § 165- 801.04 Review Preapplication conference. Prior to submission of a pw ry master development plan for review mil, the Department of Planning and Development staff may require, or an applicant may request a *"^ , n ^ " ^ t "^" preapplication conference w Coun sta4. The purpose of the preapplication Feview conference is to review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a master development plan. A. If required, at the preapplication conference the applicant shall provide a land use ,elan describing the following, (1) The general location of the site. (2) The general location of proposed roads. 3 The general location and types of ro osed uses environmental features on the site housin types or open space. (4) The uses on adjoining properties. 3 DRAFT REV TO PA 801 AND 802 ►�. - P. ....... is ¢ 46-9-901.-1&165 -801.5 Contents ofo� master development plans. A. The following items shall be required for MDP - s in all Zoning Districts. All required items shall be shown clearly on the plan. All ^,�iRaFY MDP's shall be prepared in accordance with the following specifications: (1) The scale shall be one inch equals 100 feet or larger (the ratio of feet to inches shall be no more than one hundred feet to one inch) or at a scale acceptable to the Director. The scale shall be sufficient so that all features are discernible. (2) No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate where the sheets join. (3) All MDP's shall include a North arrow, a scale and a legend describing all symbols. (4) A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, is required for all MDP'S. (5) The total area of the property shall be specified on the MDP. (G) The topography shall be shown at contour intervals acceptable to the Director. 4 DRAFT REVISI ©NS T O PA 801 AND 802 (7) The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified. (8) A schedule of phases, with the approximate location of phase boundaries and the order in which the phases are to be developed, shall be provided. (9) The use of all adjoining properties shall be clearly designated on the MDP, (10) All existing, of approved or planned public roads, streets or rights -of -way on the project or within 2,000 feet of the boundaries of the project. (11 ) Any approved proffers associated with property. 11 The location and treatment Prop f or all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. (131 A history of all land divisions that have occurred in relation to the tract since the adoption of this requirement. 14 The app roximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities. (15) The ownership and use of all adioining parcels, including parcels across road right-of-ways (16) Description of any changes made since approval of any prior MDP's. (371 An approval block and signature lines for the Director of Planning and Development. B. Contents of a pF eliMiRaFy master development plan in the RP (Residential Performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational Community) District and the MH -1 (Mobile Home Community) District. The pF eliwiRaFy MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information: (1) A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses. (2) The approximate acreage in common open space, in each use and housing type and in roads, streets or rights -of -way for each phase and the total development. (3) The location and approximate boundaries of proposed housing types conceptually shown in accord with residential performance dimensional requirements. (4) The proposed number of dwelling units of each type in each phase and in the total development. 5 DRAFT REVISIONS TO PART 801 AND 802 (5) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands. (6) The location of environmental protection land to be included in common open space. (7) The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space. (8) The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space. (9) The location and general configuration of recreational facilities, with a general statement of the types of recreational facilities to be provided. (10) The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. (11) The proposed location, arrangement, and right -of -way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165 - 202.[]4. (12) The location and arrangement of street entrances, driveways and parking areas. 13 A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one lot. LL41 Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed. C. Contents of a pF eliffliRaFy master development plan in the M1 (Light Industrial) District, the M2 (Industrial General) District, the EM (Extractive Manufacturing) District, the HE (Higher Education) District, the B1 (Neighborhood Business) District, the B2 (Business General) District, the B3 (Industrial Transition) District, the OM (Office- Manufacturing Park) District and the MS (Medical Support) District. The m ar MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: (1) A conceptual plan, showing the location and arrangement of proposed uses. N . DRAFT REVISIONS TO PART 801 AND 802 (2) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the approximate acreage of each type of environmental feature, including the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in open or landscaped areas. (3) The proposed location and arrangement of all r #rd� proposed and existing utility systems. (4) . The location and arrang of existing and proposed oublic or private roads existing or propose d entrances and driveways fnom existing and proposed public or private streets. (5) A conceptual plan for stormwater management and description and the location of all stormwater facilities designed to serve more than one parcel. (7) A ll prep bU ffeFiRg R d ed by this ehapt^ The location and extent of p roposed buffers required by this Chapter with statements Profiles, cross sections or exam pi clearly specifying the screening to be provided. § 165 - 801.06 °F - Master development plan submission. Applicants shall submit 42- the number of copies of the preliminary MDP to the Department of Planning and Development specified b the Department of Planning and Development MDP application together with completed application materials required by the Department of Planning and Development. Fi n al appFev o f th pFe lirr „ nano s h a ll be gi ven b he B o f S upew i seF L A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence through the public meeting process when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development, wh^^ , 4er^^c^ h beeR he'd B. A Traffic Impact Analysis (TIA) shall be prepared and submitted to the Department of Planning and Development with all MDP applications in accordance with the adopted Traffic Impact Analysis Standards. • _ .. DRAFT REVISIONS TO PART 801 AND 802 0— C. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and review agency approval comments to the Planning Commission fof its as an informational item. D. Fallowing the informational presentation of the MDP to aetien Qf the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors fi ef ffit as an informational item. The - R t9ar d - ebth r, reve th r preliminay MDP at With Fequ h.,r geS „r deny the p l an . preliminary MDP ir: vviorr eegarrea crrarrsev or aerr�r:rre prom. E. The preliminary MDP submitted to the Board of Supervisors for review shall not be substantially changed from plans reviewed by the Planning Commission. Changes may be made that were discussed OF Fequired by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as anew ffF MDP. P. Site plans or final subdivision plats may be submitted concurrently with preliminary master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. ARY 1 ^h P l aR S m b ^ s,a^r•^,- nt by the P. DRAFT REVISIONS TO PART 801 AND 802 Master Development Plan ,Approval Process § 165 - 801.07 Final master development plan. A. The final MDP shall conform to all requirements of the County Code. A-.B Applicants shall submit 44- minimum of five copies of the final MDP to the Department of Planning and Development. Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator. 4: C. The Director shall approve the final MDP if all requirements of the County Code and all review agencies have been met; and if a preliminary MDP was presented to - approved ar the Planning Commission and Board of Supervisors .;;Ad- i v rr e�red c�i�es ha e been made and all -...eRtS Of the CGURty GO& have been met, within 60 days of its sw-hpAissiA-A. Paj of the D. A MDP shall not be considered final until it is signed by the Director of Planning and Development and the County Administrator. §165-801.08 Changes to approved Master Development P lans. Changes to an approved MDP shall occur only after review a-ppfevi4 by the Planning Commission and the Board of Supervisors using the procedures required for the approval of a new plan. The Director of DRAFT REVISIONS TO PART 801 AND 802 Planning and Development may approve minor changes without following the full procedures, if such approval does not violate the intent of this chapter and section. Such minor changes shall not include increases in the density or intensity of development, changes to entrance or street layout, changes to stormwater layout or other major design changes. § 165 - 801.12 9 Master development plan review fees. The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the costs associated with the review of the MDP. *§ 165- 801.10 Relocated to 165 -801.5 10 DRAFT REVISIONS TO PART 801 AND 802 fttview Con €etonoe with S1aFf Pro Appiloetlon Con"renot with Rlanrlir >q Comrrxixsibn Submission of Preliminary MID Applieation and Comment, 40 staff Revgew by CansVifiitiip Ewn;� l�f! Of De n Gumixtlttoa R4Vit Pr :Umin MOP Su�missio PC and PC A r all Appfiw with anpes r Decii ;I I IN q�Q ubmission to hoard Of SQP*tvtsOrf Rpprov Approval I �anw with changes L Final P Approved -anal M DP Approved by dt! by S4a44 anal SUbdivisiOn Final Subdlvlsian or site Flan or SJlf• Plan to PC la PC 11 Various MDP References - Chapter 165 (Table of Contents) ARTICLE Vlll DEVELOPMENT PLANS AND APPROVALS Part 801 — Master Development Plans 165 - 801.01 Intent. 165- 801.02 When required. 165 - 801.03 Waivers. 165- 801.04 Review eanfeFeRee. Freapplication conference 165- 801.05 Preapplicatian r enferpnre Contents of master development plans. 165 - 801.06 °r,�-- Master development plan submission. 165 - 801.07 Final master development plan. 165 - 801.08 Changes to approved master development plans. 165 - 801.09 Ppe Mast e r ,d.,...,l n t pla Master development plan review fees. 3 1 6 5 801 1 n f nnrants of preliminary master .deyelap.v eRt plans 16- 5Z�1.11 C Ral ...-. ,d.,.., lgpmek .,l 165 -801 12 M ^I r.laR r eV i eW fe ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 — General Provisions § 165 - 101.02 Definitions & word usage. MASTER DEVELOPMENT PLAN - A general plan of development appFieved reviewed by the Board of Supervisors for new developments in certain zoning districts before subdivision or site plan approval, according to the requirements of this chapter. 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 residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) waved reviewed by the Board of Supervisors. This requirement for inter - parcel connector streets may be waived by the Board of Supervisors UPOR @PPFOV@l .,f +I,^ nn J )ey,lepm ent Pl (MDP) if the Board finds: i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped Various MDP References - Chapter 165 parcel 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 402 — RP Residential Performance District § 165 - 402.01 Intent. 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 adepted reviewed 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 multifamily development percentages and densities are identified. Multifamily housing types are allowed only when they adjoin similar uses or are properly separated from different uses. The pFe"w'RaFY master development plan shall specify the amount and percentages of all proposed housing types. The pFe teF d eVe l OpMeRt ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501 — R4 Residential Planned Community District § 165 - 501.01 Intent. The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval -a#ep4ae of the master development plan by the County the °I-,.-.Mi C .A- ..,., ssien - and- Peard of 5;',..eFVi5.,.5_ Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, Various MDP References - Chapter 1+65 roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. Part 502 — R5 Residential Recreational Community District § 165 - 502.02 Master development plan. All land to be contained within the Residential Recreational Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval - adeption of the master development plan by the County the ol.,^^;^^ r 9 ^.,^„55:^^ ^a nn^ -ra o f g wp ,, w i . Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for cnmpatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. Innovative design is encouraged. Special care is taken in the approval of R5 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R5 development. Residential recreational community developments shall only be approved in conformance with the policies in the Comprehensive Plan. § 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 residential recreational community development. In age - restricted communities, at the time of master development plan appvaf review, the Board of Supervisors may allow local streets without sidewalks to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed and approved on the master development plan. Part 504 — MS Medical Support District § 165 - 504.03 District area, floor -to -area ratios, and residential gross densities. C. The Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan approval review process. RESOLUTION Action: PLANNING COMMISSION: February 20, 2013 Recommended Approval BOARD OF SUPERVISORS: March 13, 2013 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS PART 801 MASTER DEVELOPMENT PLANS 165 - 801.01 INTENT, 165 - 801.02 WHEN REQUIRED, 165 - 501.03 WAIVERS, 165 - 801.04 REVIEW, 165 - 801.05 PREAPPLICAITON CONFERENCE, 165- 801.06 PRELIMINARY MASTER DEVELOPMENT PLAN, 165 - 801.07 FINAL MASTER DEVELOPMENT PLAN, 165- 801.08 CHANGES TO APPROVED PLANS, 165 - 801.09 PRELIMINARY MASTER DEVELOPMENT PLAN SUBMISSION, 165- 801.10 CONTENTS OF PRELIMINARY MASTER DEVELOPMENT PLANS, 165 - 801.11 FINAL MASTER DEVELOPMENT PLANS, 165-801.12 MASTER DEVELOPMENT PLAN REVIEW FEES ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS 165- 101.02 DEFINITIONS & WORD USAGE PART 202 OFF STREET PARKING, LOADING AND ACCESS 165- 202.04 STREETS; INTER - PARCEL CONNECTORS PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT 165 - 402.01 INTENT ARTICLE V PLANNED DEVELOPMENT DISTRICTS PART 501 R4 RESIDENTIAL PLANNED COMMUNITY DISTRICT 165 - 501.01 INTENT PART 502 R5 RESIDENTIAL RECREATIOINAL COMMUNITY DISTRICT 165 - 502.02 MASTER DEVELOPMENT PLAN, 165- 502.05 DESIGN REQUIREMENTS PART 504 MS MEDICAL SUPPORT DISTRICT 165 - 504.03 DISTRICT AREA, FLOOR -TO -AREA RATIOS, AND RESIDENTIAL GROSS DENSITIES PDRes #05 -13 WHEREAS, an ordinance to amend Chapter 165, Zoning to update the Master Development Plan submission and processing requirements, was considered. This revision modifies a number of Master Development Plan references throughout Chapter 165 to conform with the Section 801 revision, as shown in the heading of this Resolution. WHEREAS, The Planning Commission held a public hearing on this ordinance on February 20, 2013; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance on March 13, 2013; 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; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to update the Master Development Plan submission and processing requirements throughout Chapter 165 to conform with the Section 801 revision, as shown in the heading of this Resolution. This amendment shall be in effect on the day of adoption. Passed this 13th day of March, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Mess Bill M. Ewing Gene E. Fisher Charles S. DeHaven. Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes 405 -13 REZONING APPLICATION #01 -13 WOODSIDE COMMERCIAL CENTER Staff Report for the Board of Supervisors Prepared: March 4, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 02/20/13 Recommended Approval Board of Supervisors: 03/13/13 Pending PROPOSAL To revise proffers associated with Rezoning #18 -06. This revision relates to the "Transportation" section of the proffers. LOCATION The property is located on the east side of Route I 1 and 3,000 + /- feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate 81. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/13113 BOARD OF SUPERVISORS MEETING: This is a minor revision to the proffer statement approved with rezoning #18 -06. The Applicant is looking to replace proffer Le. from the Transportation Section with a comparable monetary contribution in the amount of $75,000 for road improvements. The original proffer I.e. to be replaced provided that the applicant would present to the County engineering and surveying services prior to the first site plan, or at the request of the County. This is a similar proffer to that offered with the Clearbrook Retail Center Rezoning #09 -12. (Note: At their 02/20/13 meeting, The Planning Commission recommended denial of the Clearbrook Retail Center Rezoning #09 -12 to the Board of Supervisors) It should be noted that the monetary contribution in the amount of $75,000 for road improvements, new proffer Le. is to be paid prior to the first occupancy permit. The Applicant has provided estimates for the services as a representation of the value of the original proffer. This modification has been reviewed by the County Attorney and, with regards to the changed proffer only, is in the acceptable form. County Transportation Deputy Director Bishop has reviewed the changed proffer and has offered: I have reviewed the proffer change proposed in the Woodside Commercial Center application. I have no issue with the change to a cash proffer from the previously proffered design and photography. I do, however, disagree with changing the trigger of the proffer to the occupancy permit from its current form. Based upon current events, I expect there is a good chance that this proffer will be needed for the use it was intended for (Brueetown/Hopewell intersection) prior to an occupancy permit. Followin.g the public meeting, a decision frorn the Board of Supervisors would be appropriate. A public hearin,- is not required. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning ##01 -13 Woodside Commercial Retail Center March 4, 2013 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 02/20/13 Recommended Approval Board of Supervisors: 03/13/13 Pending PROPOSAL To revise proffers associated with Rezoning #18 -06. This revision relates to the "Transportation" section of the proffers. LOCATION The property is located on the cast side of Route 1 l and 3,000 + /- feet north of Hopewell Road (Route 672), also known as Exit 321of Interstate 81. MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBER 33- A -124A PROPERTY ZONING B3 (Industrial Transition), with proffers. PRESENT USE Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE North: RA (Rural Areas) South: B3 (Industrial Transition) East: 133 (Industrial Transition) RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Vacant Use: Vacant Residential Use: Agricultural /Interstate 81 REVIEW EVALUATIONS: Frederick County Attorney: Proffer is in an acceptable form. The County Attorney's comments are specific to the amended proffer only and did not reevaluate the balance of the proffer statement previously approved by the Board of Rezoning #01 -13 Woodside Commercial Retail Center March 4, 2013 Page 3 Supervisors with RZ #18 -06. Transportation: I have reviewed the proffer change proposed in the Woodside Commercial Center application_ I have no issue with the change to a cash proffer from the previously proffered design and photography. I do however disagree with changing the trigger of the proffer to the occupancy permit from its current form. Based upon current events I expect there is a good chance that this proffer will be needed for the use it was intended for (Brucetown /Hopewell intersection) prior to an occupancy permit. Planning & Zoning: 1) Site History Previously RA in zoning, this property was rezoned to B3 (Industrial Transition) District as a part of the Woodside Commercial Center in 2007, Rezoning 18 -06. 5) Proffer Statement — Dated March 15, 2007 and final revision on January 28, 2013. Transportation Original 1.e. Contributions for Road Improvements in recognition of off -site transportation impacts. The engineering and surveying services (identified by items i and ii) will begin prior to the approval of first site plan or upon request by Frederick County; whichever comes first. i. The applicant hereby proffers to present the County with an engineered road plan for the realignment of Brucetown Road and Hopewell Roads at Martinsburg Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the west and the Clearbrook Fire Station to the east. A diagram of this area for the intersection design is attached and labeled as exhibit "A ". ii. The applicant hereby proffers to present the County with aerial mapping of the Martinsburg Pike corridor. The aerial mapping will begin at the Clearbrook Convenience site entrance to the south and extend 3.125 miles north to the State line with a corridor width of 300'. The aerial mapping will produce topography with I' contour intervals at 50' scale accuracy-. A diagram of this intersection is attached and labeled as exhibit "B ". New Le. Contributions for Road Improvements in recognition of off -site transportation impacts. i. $75,000 to Frederick County to be paid prior to the first occupancy permit. Rezoning #01 -13 Woodside Conunercial Retail Center March 4, 2013 Page 4 STAFF CONCLUSIONS FOR THE 02120/13 PLANNING COMMISSION MEETING: This is a minor revision to the proffer statement approved with rezoning #18 -06. The Applicant is looking to replace proffer Le. from the Transportation Section with a comparable monetary contribution in the amount of $75,000 for road improvements. The original proffer 1.e. that is to be replaced provided that the Applicant would present to the County engineering a surveying services prior to the first site plan or at the request of the County. This is a similar proffer to that offered with the Clearbrook Retail Center Rezoning. It should be noted that the monetary contribution in the amount of $75,000 for road improvements, new proffer Le. is to be paid prior to the first occupancy permit. The Applicant has provided estimates for the services as a representation of the value of the original proffer. Following the public meeting, a recommendation re ,-ardiniz this rezoninz application to the Board of Supervisors would be appropriate. A public hearinie is not required. The applican t should be prepared to adequately address all concerns raised by the Planning Commission, PLANNING COMMISSION SUMMARY & ACTION OF THE 2/20113 MEETING There was discussion among the Commissioners and staff concerning the wording of the revised proffer particularly that it would be paid prior to the first occupancy permit, and was considered to be a later time frame than the previous proffer. Because the timing of the contribution was related to the first building permit, the Deputy Director - Transportation believed it could delay finding a solution to the improvements needed at the intersection. Nevertheless, it was believed the monetary contribution provided greater flexibility to match those dollars up with other funds to accomplish the endeavor. Commissioners believed that while the two proffers were similar in value, it seemed to some degree that the cash proffer would hold more value for the County. The Planning Commission recommended approval of the request to revise the transportation section of the proffers by the following majority vote: YES (TO RECOMMEND APPROVAL) Mahn, Triplett, Denney, Thomas, Wilmot, Crockett, Manuel, Ambrogi, Crosen, Unger NO: Madagan ABSTAIN Oates r ss a azs i. ap �1 (1J� 3:1.Jfl Applications 0 Parcels Building Footprints B9 {Business, Neighborhood District) B2 (Business, General Distrist) 133 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Hame 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) `N ss v1 €9QEt3 0= Nate: REZ # 01 - 13 Frederick County Dept of Planning & Development Woodside CommerciCa[ 107N Kent St Center Proffer Revision Winchester, Wincter, VA 22501 1 0 PINS: 540 - 665 - 5651 33 - A - 124A Map Created: January 31. 2013 Staff: mruddy 0 75 150 300 Feet Rezoning: Property: Record Owner: Project Name: Original Date of Approved Proffers: Revised Date of Proffer: Magisterial District: RZ # 01 -13 Area: 8.835 acres Tax Parcel 33- (A) -124A SilverWolfe, LLC Woodside Commercial Center March 15, 2007 January 28, 2013 Stonewall Pursuant to Section 15.2 -2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01 -13 for rezoning of 8.835 -acres from the B -3 zoning district with proffers to B -3 zoning district with revised proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill & Bonnie R. Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument #060018520 dated September 29, 2006. Proffers 1. Transportation a. Access i. Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 671) shall be limited to a maximum of two commercial entrances. The final locations will be subject to VDOT review and approval once site plans are submitted. Turn lanes and tapers for these entrances will be built as required by VDOT, b. Additional Lanes i. The applicant hereby proffers to construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This +/ -650' long lane will be built to VDOT requirements. This will be built prior to receiving any final occupancy permits on site. ii. The applicant hereby proffers to dedicate an additional 10' strip of land to the Commonwealth of Virginia and to pave a 12' lane along the entire frontage of Woodside Road, Route 671, when the traffic count from this project reaches or exceeds 2,815 trips per day or upon request by Frederick County. c. InterparceI connections i. Upon construction of a state approved entrance onto Martinsburg Pike, Route 11, the applicant hereby proffers to designate one inter - parcel connection along the southern boundary. d. Right of Way and Easement Dedication i. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty -five (25') in width from the centerline of Woodside Road (Route 671) along the entire frontage of the property. These dedications will take place prior to site plan approval. 2 ii. The applicant hereby proffers a 20' drainage, pedestrian, and utility easement along the frontage of Martinsburg Pike, Route 11, to Frederick County. The applicant will retain the right to place the proffered split rail fence (see item 7 -A) and monument sign (see item 7 -D) within this easement. e. Contributions for Road Improvements in recognition of off -site transportation impacts. i. $75,000 to Frederick County to be paid prior to the first occupancy permit. 2. Fire & Rescue Monetary Contributions a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The applicant hereby proffers that the combined building floor area for the following high - traffic uses of retail, restaurant, and indoor entertainment shall not exceed a combined total of 75,000 square feet. All other uses allowed in B -3 such as general office and storage will not be limited. 4. The applicant hereby proffers that the following uses ,shall be prohibited on the property: a. "Truck Stops - Retail" as defined in SIC 5541. Excluding Truck Stops, all other uses within SIC Code 5541 are included and acceptable. b. SIC 45 — "Transportation by Air" c. SIC 4741 — "Rental of Railroad Cars" d. SIC 5271 — "Mobile Home Dealers" e. SIC 7833 — "Drive -in Motion Pictures" The applicant hereby proffers the following conditions to "Automobile Service Stations -, Retail" as defined in SIC 5541 - "Gasoline Service Stations ". a. Only one business will be allowed to have retail fuel pumps. b. The total number of pumps will be limited to twelve or fewer. c. Diesel fuel will be restricted to two pumps or fewer and must be located with other pumps. Diesel fuel sales to "over -the -road trucks" will be prohibited. 6. The applicant hereby proffers to install an additional row of evergreen trees for a total of four rows in all areas required to have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of site plan approvals. 7. Corridor Enhancements to be completed by prior to the first occupancy permit. 3 a. The applicant will construct a split rail fence along the road frontage. b. The applicant will not allow any parking spaces or outdoor storage to be constructed within 50' of Route 11. Any required fire lanes within this area will be grass paved. c. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the park's name and List of tenants. This monument sign will not exceed twelve (12') in height or one hundred (100 sf) square in area. The applicant will not install any freestanding signs between the buildings and Route 11 other than this one monument sign. d. The applicant will restrict each business facing Route 11 to a sign not to exceed eight square feet mounted on the building. This applies to individual businesses and not the entire building. e. The applicant will require each building fagade along Route I 1 to be constructed of wood, vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business park and on all sides not facing Route 11. Fj The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By. Gary Rodney Oates 'A�Z A 6 10-; - Gary nzelOates Date °1 — f 3 Date Commonwealth of Virginia, C /Coun f )!'/ 1 To Wit: The foregoing instrument was acknowledged before me this k day of February, 2013 By C� o ubIic My Commission Expires KELI. J, RICHARD NWARY PUBLic W IMSTRATMIq P 7G21 1 MMONWEALTH OF V;p.r r v 5 RESOLUTION Action: PLANNING COMMISSION: February 20, 2013 - Recommended Approval BOARD OF SUPERVISORS: March 13, 2013 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 901 -13 PROFFER REVISION OF WOODSIDE COMMERCIAL CENTER WHEREAS, Rezoning #01 -13 Proffer Revision of Woodside Commercial Center, submitted by SilverWolfe, LLC, to revise the proffers associated with Rezoning 418 -06 relating to the "Transportation" section of the proffers, specifically Proffer Le., was considered. The proffer revision, originally dated March 15, 2007, with final revision dated January 28, 2013, is replacing the previously proffered design and photography service prior to the first site plan with a monetary contribution in the amount of $75,000 for road improvements, prior to issuance of an occupancy permit. The property is located on the east side of Route 11 and 3,000 +1 - feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate 81, in the Stonewall Magisterial District, and is identified by Property Identification Number 33- A -124A. WHEREAS, the PIanning Commission held a public meeting on this rezoning on February 20, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on March 13, 2013, and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #18 -06 relating to the "Transportation" section of the proffers, specifically Proffer Le. The proffer revision, originally dated March 15, 2007, with final revision dated January 28, 2013, is replacing the previously proffered design and photography service prior to the first site plan with a monetary contribution in the amount of $75,000 for road improvements, prior to issuance of an occupancy permit. PDRes. #07 -13 This ordinance shall be in effect on the date of adoption. Passed this 13th day of March, 2013 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Christopher E. Collins Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes. #07 -13 GREYWOLFE, INC. AI 1073 REDBUD R OAD + WINCHESTER VA 22603 — (540) 667 -2001 • (540) 545 -4001 FAX I GREYWOLFEINC@a AOL.COM,� Michael Ruddy, Deputy Planning Director January 28, 2013 107 North Kent Street Winchester, VA 22601 Subject: Woodside Commericial Center - Rezoning #18 -06 Mr. Ruddy, Per our recent conversations attached are the original proffers for my rezoning and the revision that I am requesting. The single change it too replace 1.e. from e. Contributions for Road Improvements in recognition of off -site transportation impacts. The engineering and surveying services (identified by items i and ii) will begin prior to the approval of first site plan or upon request by Frederick County; whichever comes first. i.The applicant hereby proffers to present the County with an engineered road plan for the realignment of Brucetown and Hopewell Roads at Martinsburg Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the west and the Clear Brook Fire Station to the east. A diagram of this area for the intersection design is attached and labeled as exhibit "A ". ii.The applicant hereby proffers to present the County with aerial mapping of the Martinsburg Pike corridor. The aerial mapping will begin at the Clear Brook Convenience Site entrance to the south and extend 3.125 miles north to the State line with a corridor width of 300'. The aerial mapping will produce topography with 1' contour intervals at 50' scale accuracy. A diagram of this intersection is attached and labeled as exhibit "B ". to e. Contributions for Road Improvements in recognition of off -site transportation impacts. 1.$75,000 to Frederick County to be paid prior to the first occupancy permit. Please review these proffers and the accompanying proposals. I would appreciate a review of these at the Planning Commission meeting of February 20 Thank y ou, Gary Oates, LS -B, PE GreyWolfe, Inc Virginia Mapping inc. 5536 Capita Street Roanoke, VA 24019 540.362.4762 virginiamappingincCverizon.net Ref. # GW1365 Client # Date 1 /28/2013 Proposal CIient: Gray Wolfe Contact: Mr. Gary Oates Address:1073 Reb Bud Road, Winchester, VA 22603 -4757 Phone: 540 - 667 -2001 Job Name: Strip Mapping, Inwood, VA\WV quad AC: 150 +or - Compilation: Additional Requirements Scale: 1"= 50' C.I. 1ft. No. Models:27 Planimetric: TOPO: Digital: Format: AutoCad Additional Requirements CD Scale: 1 "= 50' C.I. Ift, Photography: No. Lines 2 No. Exposures 29 Approximate photo scale 1" =250' Aerotriangulation No. Lines 2 No. Exposures 29 Vertical and Horizontal Control Client supplied 33 Vertical and Horizontal ground control panels Additional Comments: COST: Aerial Photography $ 1,500.00 Compilation 9,000.00 Total $10,500.00 z�J{31nq .C. WCi'y .. County of FrF - lprick_ V - -- Dear Mr. Oates, Thank you for the opportunity for our firth to provide you with a proposal for professional consulting civil engineering services through to the successful completion of your project. You desire to have plans prepared for a relocation of Route 672 to the south to align with the Hopewell Road at its intersection with Route 11. We understand that initial discussions have occurred with the County and VDOT and you have prepared a preliminary sketch. While there may be rezoning issues to be worked out by others, we are able to provide a comprehensive services proposal to prepare the necessary road design and submit for approvals from VDOT. Provided here is a summary of costs associated with the various tasks involved. 1. Site Survey We will prepare base mapping and establish existing property lines at the project site. (9 different properties total). We will also prepare the necessary right -of -way dedication plats under this item.. Survey, Platting, Topographic Mapping and Utilities As -built $24,000 Lump Sum 2. Prepare Preliminary Layout Once we receive the survey base we will prepare a preliminary plan and profile and meet with you, VDOT and County staff to elicit any preliminary comments Prepare Preliminary Plat $6,500 Lump Sum 3. Road Relocation Work under this task will include the site improvements required for the relocation of Route 672 as indicated on the preliminary plan. It includes coordination with you, VDOT and County review agencies on plan preparation, submission and approval. It does not include application fees for which you will be responsible. Road Relocation $18.000 Lump Sum 4. Stormwater and Erosion Control Plans Work under this item will include design of the Erosion and Sediment Control plans including the necessary detention system to mitigate increased flows. Stormwater Plans $9,500 Lump Sum 5. Plan Application and County Review 1N'ork under this item will include design of the Erosion and Sediment Control plans including the necessary detention system to mitigate increased flows. County Application $4,500 Our total cost therefore is $62,500 This proposal does not include geotechnical or transportation engineering or Survey site stakeout services. If required we can provide a cost for those upon request. Additionally the necessary signalization plan and transportation studies will be covered under a separate proposal. All delivery services, travel, reproduction and printing costs will be billed per the attached rate schedule. If this proposal is acceptable, please indicate, in the space provided below, the corporation, partnership, or other entity, authorized to transact business in the Commonwealth of Virginia, which will be a party to this agreement. The executed proposal will serve as our agreement for professional services to be rendered and shall be interpreted in accordance with the laws of the Commonwealth of Virginia. Please return one (1) signed copy (via fax or mail) to initiate this agreement. improvements at Hopewell Rd and Brucetown Rd on Martinsburg Pike, Frederick Co, VA Dear Mr. Oates: This letter is in response to your request for a quote for engineering services to design intersection improvements at the intersection of Hopewell Road and Brucetown Road with Martinsburg Pike. It is my understanding that a feasibility study will be performed by others to establish the desired intersection configuration, and this information will be provided as a basis of the engineering to be performed. The scope of work, although vague, will consist of surveying and engineering design services to prepare plans for the construction of the proposed improvements. Services such as planning, rail engineering, right of way acquisition, environmental planning and /or permitting, and construction related services are not included. Based on the current understanding of the work to be performed, we estimate the work will cost about $48,500.00. Given the unknowns, this cost may vary when a detailed scope of services can be established. Thank you for allowing Stowe Engineering to provide you with professional services on this project. If you have any questions, do not hesitate to cortact me. Sincerely, RE: Engineering services to design intersection REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA I'n he completed bi' Planrtitag Staff Fee Amount Paid $ L' © Toning Amendment Npmber Date Received PC Hearing Date () SOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: SilverWolfe, LLC Telephone: 540 - 667 - 2001 Address: 1673 RpdbLjd RoadFi Winchester, Virginia 22603 2. Property Owner (if different than above) Name: SiiverWolfe, LLC Telephone: 540 -667 -2001 Address: 1073 Redbud_Road❑ Winchester," Virginia 22603 3. Contact person if other than above Name: Gary R. Oates, LS -B, PE Telephone: 540- 667 -2001 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Gary Rodney Oates and Gary Kenzel Oates 6. A) Current Use of the Property: Agricultural B) Proposed Use of the Property: Industrial Transition (B -3 zoning uses) 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 33- (A) -125B & 33 -(A) -126 33 -(A) -129 33 -(A) -131 33-(A)-124D 33 -(A) -1246 & 33 -(A) -1240 33 -(A) -125 & 33- (A) -125A Residential Agriculture Agriculture Residential Residential Residential RA RA RA RA RA R A S. Location: The property is located at (give exact Iocation based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the east side of Route 11 and +l- 3000' north of Rte 672 (Hopewell Road) also known as exit 321 of Interstate 81. 12 Cuformation to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 33- (A) -124A Districts Magisterial: stonewall Fire Service: Clearbrook Rescue Service: Clearbrook High School: James Wood Middle School: James Wood Elementary School: stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 8.835 B -3 B -3 8 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi- Family: 0 Non - Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Officc: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 75,000 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road fight-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Date: Owner(s): c' Date: > 1 112- � ! � Date: 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is looted on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Elaine F. MaGee 3703 Martinsburg Pike❑ Clearbrook, VA 22624 7 Property # 33- (A) -125A Name Deborah D. SwirrEfey P.O. Box 10[i Clearbrook, VA 22624 Property # 33- (A) -125B Name Everett L. Caton 2060 Cedar Hill Road -i Clearbrook, VA 22624 Property # 33 -(A) -126 Name James & Carolyn Stimmel 3446 Ofd Charlestown Roado Berryville, VA 22611 Propert,x # 33 -(A) -129 & 33 -(A) -131 Name Jack F. Robinson 2140 Woodside Road: - Clearvbrook VF, 22624 Propert} 4 33 -(A) -1248 Name O -N Minerals (Chemstone) P.O. Box 71 ❑ Strasburg, VA 22657 Property # 34- (A) -11A Name Frederick A. & Un N. Stronko 3656 Martinsburg Pike❑ Clearbrook, VA 22624 Property # 33- (A) -124D Name MOHEBATULLAH VAHIDI 794 Center Street❑ Herndon, VA 20170 Property # 33 -(A) -125 Name Propert) # 15 OK650PG320 P, 4A 4 8.835 ACRES mow i ' em sari cam~ w,r q� .► s Sp Zy 06- E - 749 ts• ` 5,000 ACRES 7 I ry 5 500 57 17 w ►� �p Krt { SCALE PLAT 3!lxN+A1+IG Avow .AF V E LAAP CF � ILErT�I p ©EWITT D. ROBINSON, ET AL STONEWALL DISTRICT, FRMRfCK COUNTY V IRGINIA SCA LE _ AS SHOW% (DATE MST cOTWCA'ft ML � 34 1 x 3 (4 ' GREIMAY FlIGINEBUNG A110 SURVEYING CO.. SIC. : 5+ 17 9 01M � vA4c csrdp viorAn " P wo A1 1 4ENDMENT Action: PLANNING COMMISSION: February 21, 2007 - Recommended Approval BOARD OF SUPERVISORS: March 14, 2007 .APPROVED 13 DENIED AN ORDINANCE ANM -LADING THE ZONINCs DISTRICT MAP REZONTNG #18 -06 OF WOODSIDE COMMERCIAL, CENTER WHEREAS, Rezoning 9I8 -06 of Woodside Commercial Center, submitted by GreyWolfe, Inc., to rezone 8.835 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District with proffers, for commercial and industrial uses, was considered_ The property is located on the cast side of Route 11, approximately 3,000 feet north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Number 33- A- 124A.. WHEREAS, the Planning Conu held a public hearing on this rezoning on December 20, 2006 and further considered this application on February 21, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14,2007; and WHEREAS, the Frederick County Board of Supervisors ,finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy PIan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County ]Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning. District Map to change 8.835 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District for conrrnercial and industrial uses, with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property Owner. PDRcs ff2407 This ordinance shall be in effect on the date of adoption. Passed this 14th day of March, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nay Barbara E. Vary Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST K j)�' John /k. R' y, Jr. Fred ' county Administrator PDRes 924 -07 Rezoning: Property: Record Owner: Applicant: Project Name: Original Date of Proffers: Revised Date .Proffers: Magisterial District: RZ # 18 -06 Area: 8.835 acres Tax Parcel 33- (A) -124A SilverWolfe, LLC Greffolfe, Inc. — Gary R. Oates, LS -13, PE Woodside Commercial Center June 13, 2006 November 9, 2006 January 3, 2007 January 12, 2007 January 26, 2007 February 27, 2007 March 15, 2007 Stonewall Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #18 -06 for rezoning of 8.835 -acres from the RA District to Industrial Transitional (B -3) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill & Bonnie R, Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument #060018520 dated September 29, 2006. Proffers 1. Transportation a. Access i. Access to this property frorri Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 671) shall be limited to a maximum of two commmercial entrances. The final locations will be subject to VDOT review and approval once site plans arc submitted. Thin lanes and tapers for these entrances will be built as required by VDOT. b. Additional Lanes i. The applicant hereby proffers to construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This +i -650' long lane will be built to VDOT requirements. This will be built prior to receiving any final occupancy permits on site, ii. The applicant hereby proffers to dedicate an additional 10' strip of land to the Commonwealth of Virginia and to pave a 12' Iane along the entire frontage of Woodside Road, Route 671, when the traffic count from this project reaches or exceeds 2,815 trips per day or upon request by Frederick County. c. Interparcel connections i. Upon construction of a state approved entrance onto Martinsburg Pike, Route 11, the applicant hereby proffers to designate one inter- parcel connection along the southern boundary. d_ Right of Way and Easement Dedication i. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty -five (25') in width from the centerline of Woodside Road (Route 67 1) along the entire frontage of the property. These dedications will take place prior to site plan approval. N it. The applicant hereby proffers a 20' drainage, pedestrian, and utility easement along the frontage of Martinsburg Pike, Route 11, to .Frederick County. The applicant will retain the right to place the proffered split rail fence (see item 7 -A) and monument sign (see item 7 -D) within this easement. e. Contributions for Road Improvements in recognition of off -site transportation. impacts. The engineering and surveying services (identified by items i and ii) will begin prior to the approval of first site plan or upon request by Frederick County; whichever comes first. i. The applicant hereby proffers to present the County with an engineered road plan for the 7realigi - anent of Brucetown and Hopewell Roads at Martinsburg Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the west and the Clear Brook Fire Station to the east. A diagram of this area for the intersection design is attached and labeled as exhibit "A ". ii. The applicant hereby proffers to present the County with aerial mapping of the Martinsburg Pike corridor. The aerial mapping will begin at the Clear Brook Convenience Site entrance to the south and extend 3.125 miles north to the State line with a corridor width of 300'. The aerial mapping will produce topography with. 1' contour intervals at 50' scale accuracy_ A diagram of this intersection is attached and labeled as exhibit "B" 2. Fire & Rescue — Monetary Contributions a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The applicant hereby proffers that the combined building floor area for the following high- traffic uses of retail, restaurant, and indoor entertainment shall not exceed a combined total of 75,000 square feet. All other uses allowed in B -3 such as general office and storage will not be limited. 4. The applicant hereby proffers that the following uses shall be prohibited on the property: a. "Truck Stops - Retail" as defined in SIC 5541. Excluding Track Stops, all other uses within SIC Code 5541 are included and acceptable. b. SIC 45 — "Transportation by Air" c. SIC 4741 — "Rental of Railroad Cars" d. SIC 5271 — "Mobile Home Dealers" e. SIC 7833 — "Drive -In Motion Pictures The applicant hereby proffers the following conditions to "Automobile Service Stations -, Retail" as defined in SIC 5541- "Gasoline Service Stations ". a. Only one business will be allowed to have retail fuel pumps. b. The total number of pumps will be limited to twelve or fewer. G. Diesel fuel will be restricted to two pumps or fewer and must be located with other pumps. Diesel fuel sales to "over -the -road trucks" will be prohibited. G. The applicant hereby proffers to install an additional row of evergreen trees for a total of four grows in all areas required o have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of site plan approvals. 7. Corridor Enhancements to be completed by prior to the first occupancy permit. a. The applicant will construct a split rail fence along the road frontage. b. The applicant will not allow any parking spaces or outdoor storage to be constructed within 50' of Route 11. Any required fire lanes within this area will be grass paved. c. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the park's name and list of tenants. This monument sign will not exceed twelve (12') in height or one hundred (1 a0 sf) square in area. The applicant will not install any freestanding signs between the buildings and Route I I other than this one monument sign. d. The applicant will restrict each business facing Route I I to a sign not to exceed eight square feet mounted on the building. This applies to individual businesses and not the entire building. e. The applicant will require each building facade along Route 11 to be constructed of wood, vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business park and on all sides not facing Route 11. M The conditions ,proffered above shall be binding upoil heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick: County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: G,� — Gary kodney Oates Gary ldenzel Oa es _ Date ,3 -"7 0 -691 Date Connnonwealth of Virginia, City /County of . F-r - E C- - To Wit: The foregoing instrument was acknowledged before me this day of ff'atIjI 2007 By Nofary Public My Conxrnission Expires � 30 D �I IN l u yF R aq COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors John R. Riley, Jr., County Administrator FROM: Eric R. Lawrence, AICP, Planning Director ' 1!5� -- RE: Request for Scheduling a Work Session DATE: March 4, 2013 Staff requests the scheduling of a work session with the Board of Supervisors to discuss further revisions to, and to review implementation examples of, the Business Development Advancement Study (BDAS). The Planning Commission will be invited to participate in the work session. Staff would suggest the following dates for this session: Monday, April 8 @ noon Tuesday, April 9 @ noon Wednesday, April 10 @ 5:00 PM, prior to evening's regular Board meeting Thursday, April 11 @ noon Monday, April 15 @ noon Tuesday, April 16 @ noon Thursday, April 18 @ noon Please let staff know which date would best work with your schedule. Thank you. ERL /bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601 -5000