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HomeMy WebLinkAboutMay_08_2013_Agenda_PacketREGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 8, 2013 7 :00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call To Order Invocation Pledge of Allegiance Adoption of Agenda: Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: None.) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) 1. Regular Meeting, April 24, 2013. County Officials 1. Committee Appointments. (See Attached) Public Hearing A L3 1. Proposed Ordinance - Salaries of the Board of Supervisors - Pursuant to Section 15.2 - 1414.3 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Fix the Annual Salaries AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 8, 2013 PAGE 2 of the Board of Supervisors as Follows: Chairman, $15,000; Vice Chairman, $13,500; and Each Other Member of the Board of Supervisors at $10,000. (See Attached) ------------------------------------------------------------------------- - - - - -- C Planningi Commission Bu Public Hearing: 1. Addition to the South Timber Ridge Agricultural and Forestal District — The Proposed Addition Contains a Total of 268 +1 - Acres within Two Parcels and is Located in the Gainesboro Magisterial District Along Hollow Road (Route 707) to the North, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the East. (See Attached)----------- - - - - -- D 2. Establishment of a New Agricultural and Forestal District, North Opequon Agricultural and Forestal District — The Proposed District Contains 400.186 +1 - Acres within Six Parcels and is Located in the Stonewall Magisterial District, Straddling Old Charlestown Road (Route 761) to the North and South, Opequon Creek to the East and Slate Lane to the West. (See Attached) ------------------------------------------------------------------------- - - - - -- E Other Planning Items 1. Discussion — Comprehensive Policy Plan Amendment (CPPA) — MiddletownlLord Fairfax Community College Sewer and Water Service Area (SWSA) Future Expansion Area. (See Attached) -------------------- - - - - -- F 2. Discussion — Comprehensive Policy Plan Amendment (CPPA) — Northeast Land Use Plan Update - Light Property Sewer and Water Service Area (SWSA) Expansion, (See Attached) -------------------------------------------- - - - - -- G 3. Discussion — Zoning Ordinance Amendment for Entrance Spacing. (See Attached) ------------------------------------------------ ------------------------- - - - - -- H Board Liaison Reports (If Any) Citizen Comments Board of Sup ervisors Comments Awn fk FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING April 24, 2013 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 24, 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 Collins 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 changes or additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the 1 consent agenda: - Memo re: Board of Supervisor's Summer Schedule and November and December 2013 -- Tab D. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle, Members of the Board, Administrator Riley: I have looked at the resolution for a new County Administration building. The unsolicited proposal appears to provide for financing, land, design, and construction of a new building and purchase of the existing building. It appears to be an interesting & serious proposal. 1 did a quick review of the recently approved Capital Improvement Plan, & saw no mention of the need for a new facility. I suppose that is why the proposal is unsolicited. I think it is probably worthwhile to give it consideration and gain an understanding of the projected costs, the debt we may incur, and the time lines for completion. However, it should fat in the proper priority of overall county requirements. Also, I hope you will honor your commitment to the County debt management policy by maintaining our high bond rating and keeping the level of indebtedness that we can manage with available resources and no new taxes. I believe we have a bonded debt of $140 million, from what I gather and this equates to principal and interest payments of $17.2 million per year. My main concern has been growing school construction debt and now we have another project. I have previously expressed my skepticism of some of our construction projects such as the $17 million transportation facility and the apparent lack ofplanning on the disposal of the old transportation facility on Indian Hollow Road. Do we need two transportation facilities? We had similar difficulties with property management of the old Gainesboro school, if you PA remember, which was decently concluded. The proposal under discussion seems to take this into consideration as the purchase of the existing building is included. I would ask you to go back to the Capital Improvement Plan and reevaluate our stated priorities and also consider other projects. I think that a natural fit in this proposal would be far Frederick County Public School Board Administration Building listed in the Capital Improvement Plan, I believe priority 6 or 7. I think it would lead to the elimination of duplicate requirements property, construction costs, shared meeting space, conference room, I. T. systems, all saving the taxpayer money in the long run. Thank you for the opportunity to address the Board and enjoy the Bloom. " Larry Bradshaw, The Village at Orchard Ridge, Gainesboro District, stated the Board would consider the Finance Committee's recommendation denying the tax exempt request of The Village at Orchard Ridge. He noted that in lieu of taxes The Village at Orchard Ridge would propose a payment in lieu. He noted the development would provide significant tax and social benefits to the community. He went on to say they were negotiating with local farmers regarding a sustainable garden for food. He went on to say when Phase I of the development was completed, it would house 700 residents and those residents would generate tax revenue for the County and the City. He stated the County established a precedent with Westminster- Canterbury of the Shenandoah Valley. He concluded by requesting the Board reject the Finance Committee's recommendation. George Kriz, Gainesboro District requested the Board either reject or postpone action on the Finance Committee's recommendation. He cited the Development Impact Model's parks and recreation proffer arnount that was listed as $1,782. He doubted the residents of the development would use the parks facilities in the County. He went on to say a number of residents have volunteered to participate in the schools' reading program. Bob Bartley, Gainesboro District, advised that he had recently moved. into The Village at Orchard Ridge. He noted he was happy there and it has been everything he and his wife expected. He went'on to say the County was fortunate to have the facility locate here. The residents would be spending money and it would be a tremendous infusion of new revenue. He stated the County should be happy with that. He went on to say The Village at Orchard Ridge seeks only an opportunity to compete on a level field. He stated they should be entitled to the same rights afforded other businesses. He asked the Board to be good neighbors and let history record that this Board had the wisdom and vision to assist this organization to become as great as it can be. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the minutes from the April 3, 2013 budget work session by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the minutes from the April 9, 2013 regular meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Ii COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Beverley H. Rosato as Employee of the Month for April 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Beverley H. Rosato who serves the Commissioner of the Revenue Business Division was nominated for Employee of the Month; and WHEREAS, Beverley H. Rosato is being awarded for her loyalty and commitment to her position as Chief Administrator. In addition to welcoming and educating new County businesses, Beverley goes beyond the specific duties of her office by explaining where to obtain ownership structuring information, providing other business resources, and having a staff notary public available. One of Beverley's most notable accomplishments includes the forefront of implementing a website with the availability of 24 -hour, 7 -days a week access to the current 31 printable business - related forms and instruction sheets, as well as 19 user - friendly business online programs. As a result, County expenses for issuing required forms have been substantially reduced. She has also encouraged tax payers to "go green ", which has resulted in tremendous success for the 2013 season where 72.7% of business renewals were completed online. Beverley is to be commended for her initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 24 day of April, 2013 that Beverley H. Rosato is hereby recognized as the Frederick County Employee of the Month for April 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Beverley for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED that Beverley H. Rosato is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye 5 Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL REAPPOINTMENT OF TOMMY PRICE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board reappointed Tommy Price as Frederick County representative to the Lord Fairfax Emergency Medical Services Council. This is a three year appointment. Term expires June 30, 2016. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF DAVID C. REICHERT AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board reappointed David C. Reichert as Frederick County representative to the Winchester Regional Airport Authority. This is a four year appointment. Term expires June 30, 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye C* APPOINTMENT OF DEVELOPMENT IMPACT MODEL COMMITTEE - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven the Board appointed the following members to the Development Impact Model Committee: Kris C. Tierney — County Administration Representative Gary A. Lofton — Board of Supervisors Representative Robert A, Hess — Board of Supervisors Representative H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Dr. John Lamanna — School Board Representative Brian Madagan — Economic Development Commission Representative Stephen Pettler — Top of Virginia Building Association Representative J.P. Carr — Top of Virginia Building Association Representative This is a one year appointment. Term expires June 28, 2014. The above motion as approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye SET SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER 2013. — APPROVED UNDER CONSENT AGENDA The Board canceled the following Board of Supervisors' meetings for the summer: June 26th, July 24th, August 28th, September 25th and October 23rd. The Board Meetings of November 27th and December 25th were canceled due to the holidays. RESOLUTION TO ACCEPT FOR CONSIDERATION AN UNSOLICITED PROPOSAL UNDER THE PUBLIC - PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 AND TO INVITE COMPETING PROPOSALS-APPROVED Administrator Riley advised the County received an unsolicited proposal to construct a 7 150,000 square foot county office building to be located in Frederick County. He went on to say it would be appropriate to accept this proposal for consideration, which would then generate the county seeking competing proposals for consideration. Supervisor Hess suggested the second line of Article VI on page 6 of the document titled "Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals" be amended to remove the wording "in their descending order of priority ". He stated that all of the criteria were important in evaluating any proposal. Upon a motion by Supervisor Hess, seconded by Vice - Chairman Ewing, the Board approved the deletion of the words "in their descending order of priority" from Article VI on page 6 of the Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the Resolution to Accept for Consideration an Unsolicited Proposal Under the Public- Private Education Facilities and Infrastructure Act of 2002 and to Invite Competing Proposals, WHEREAS, the current County administration building is located in downtown Winchester and is no longer sufficiently convenient to the citizens of Frederick County; and WHEREAS, the population of the County has grown, based upon estimates from the University of Virginia's Weldon Cooper Center for Public Service, from 55,900 in 1997 (when the current County administration building was opened) to 80,118 in 2012, an increase of 44% and is anticipated to grow to 119,419 in 2030, a further increase of 49 %; and WHEREAS, given the County's past and anticipated population growth, the current County administration building is not capable of sufficient expansion to continue to adequately 8 serve the needs of the County's growing population; and WHEREAS, significant undeveloped acreages zoned for commercial development are present in the County and construction of a new County administration building in the County would be a catalyst for economic development in the County generally and, specifically, in the particular environs of a new County administration building; and WHEREAS, the County has received an unsolicited proposal under the Public - Private Education Facilities and Infrastructure Act of 2002 ( "PPEA "), Va. Code §56- 575.1 et seq. from Frederick County Center, LLC to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia; and WHEREAS, the Frederick County Board of Supervisors has determined that proceeding with a procurement under the PPEA initiated by acceptance for consideration of the unsolicited proposal, submitted by Frederick County Center, LLC, to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, using the procurement method of "competitive negotiation of other than professional services ", the evaluation criteria developed by County staff, and terms and conditions developed by County staff, is appropriate and justified and that use of "competitive negotiation" procedures under the PPEA for this procurement is likely to be more advantageous to the County and the public based upon (1) the probable scope, complexity, or urgency of the project, or (2) risk sharing, added value, economic benefit from the project that would not otherwise be available. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby accept for consideration by County, the PPEA proposal of Frederick County Center, LLC, to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, and that County solicit competing proposals for the financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, with such new building being located in the County and being approximately 150,000 square feet in size, and with any such proposal providing for the purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia; and BE IT FURTHER RESOLVED, that the Board authorizes the County Administrator to cause an appropriate Notice to be issued and published, as required by the PPEA and the County's PPEA procedures, and to cause an appropriate Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals to be issued, the Notice and the Receipt being in substantially the same form as presented to the Board at its meeting on April 24, 2013; and BE IT FURTHER RESOLVED, that, for unsolicited proposal of Frederick County Center, LLC and any competing proposals, the County use the procurement method of "competitive negotiation of other than professional services ", the evaluation criteria developed by County staff, and terms and conditions developed by County staff, as reflected in the M referenced Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals. ADOPTED this 24 day of April, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 17, 2013 at 8:00 a.m. Member Richard Shickle was absent. Approval of March 20, 2013 meeting minutes, See attached, p. 3 -6. The committee recommends approval. 2. The Sheriff requests a General Fund supplemental appropriation, in the amount of $1,953.90 This amount represents travel reimbursements. No local funds required. See attached memo, p. 7. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye The Sheriff requests a General Fund sLipplemental gppropriation in the amount of $703 - 359.56. This amount represents funds needed for technology projects. See attached information, p. 8 -9. The committee authorized vendor negotiations to begin for phase III of the mobile project. The committee also recommends approval of $95,400 for the dual authentication and the virtual server projects. Remaining requests will be considered at a later date. - APPROVED 10 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Hess, the Board approved the appropriation of $95,400 for the dual authentication and the virtual server projects and authorized vendor negotiations to being for Phase 111 of the mobile project. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. Outside agency contribution information is provided for discussion. See attached information, 10 -26. The committee will continue discussions at the next committee meeting. 5. The Finance Director requests a General Fund supplemental appropriation in the amount of $518,088.76 This amount represents prior year tax refunds that were refunded in 2012. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 6. The County Administrator provides requested information for discussion on tax exemption for The Village at Orchard Ridge. See attached information, p. 27 -28. The committee recommends denial of the PILT request. Chairman Ewing and member Hottle abstained from this item. — APPROVED RECOMMENDATION OF DENIAL Vice - Chairman Ewing stated that he would abstain from consideration of this request due to a conflict of interest. 11 Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved denial of the PILT request from The Village at Orchard Ridge. Supervisor Hess asked if another offer could be made that was not on the table at this time. Administrator Riley responded yes. Supervisor Lofton stated he agreed with leveling the playing field, but he would level it in a different way. He went on to say he would look at exemptions the Board has given others to see what was done in the past. Supervisor Collins stated he still had a number of questions and was not comfortable voting for or against this request at the present time. He then moved to postpone consideration of this request until the next meeting. The motion died due to the lack of a second. There being no further discussion, the motion to deny the PILT request was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S, DeHaven, Jr Robert A. Hess Gene E. Fisher Gary A. Lofton Nay Abstain Abstain Aye Aye Aye Aye INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer report for March 2013. See attached, p. 29. 2. The Finance Director provides 3131/13 financial statements. See attached, p. 34 -40. 3, The Finance Director provides 4112113 General Fund fund balance report. See attached, p. 41. 12 PUBLIC HEARING ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE XVIII, SPECIAL LICENSE PROVISIONS; SECTIONS 155 -98 CARNIVALS CIRCUSES AND TRAINED ANIMAL SHOWS; AND 155- 100 ITINERANT AND DISTRESSED MERCHANDISE VENDORS. THE PURPOSE OF THESE AMENDMENTS IS GENERALLY TO ADD TRAINED .......... ANIMAL SHOWS AS SUBJECT TO THE LICENSE TAX IN SECTION 155 -98 TO REDUCE THE LICENSE TAX FROM $500 TO $100 PER EVENT FOR PERSONS CONDUCTING FOR - PROFIT FESTIVALS TO REDUCE THE LICENSE TAX FROM $500 TO $30 PER EVENT FOR PERSONS SELLING GOODS AT FOR- PROFIT FESTIVALS, TO EXEMPT FROM THE LICENSE TAX NON - PROFIT ORGANIZATIONS CONDUCTING FESTIVALS, S AND TO EXEMPT FROM THE LICENSE TAX PERSONS SELLING GOODS AT NON- PROFIT FESTIVALS - APPROVED Administrator Riley advised this was an ordinance to amend Chapter 155, Article XVIII of the Frederick County Code. He then asked County Attorney Rod Williams to review the ordinance changes. County Attorney Williams advised the current ordinance imposes a $500 license tax for temporary vendors that are not otherwise licensed in Frederick County, The County has a right to impose a lesser tax and that is what this ordinance change does. Supervisor Lofton asked how non - profits would be designated. County Attorney Williams responded the status would be determined by the IRS designation. Chairman Shickle convened the public hearing. Jay Marts, Gainesboro District, stated he thought this was a great idea. He went on to say that anything the County can do to allow non - profits to sell items is good. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board approved the ordinance amending Chapter 155 of the Frederick County Code. 13 The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155 -98 and 155 -100 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting amended Sections 155 -98 and 155 -100 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect immediately {deletions are shown in bold str-ilriethrough and additions are shown in bold underline : CHAPTER 155 TAXATION § 155 -98 Carnivals, circuses and trained animal shows. A. "Carnival" shall mean an aggregation of shows, amusements, concessions, eating places and riding devices operated together on one lot or street or not on contiguous lots or street, whether the same are owned and actually operated by a separate person or not. Carnivals, festivals, fiestas and amusements of a like natur far the privilege of doing business in Frederick County, shall pay a license tax of $500 per day or part thereof, which shall not be prorated or transferable. B. Circuses, menageries trained animal shows and shows of a like nature shall pay for the privilege of showing in the County a license tax of $100 per day or part thereof. C. Persons conducting events pursuant to Section 155- 100(F) of this Code shall pay for the privilege of conducting such events in the County a license tax of $100 per event. Q D. A nonprofit organization operated o eha't°d within this Co unty is not required to obtain a license under this section nor is any person or organization participating in an event, not to exceed ten consecutive days in length, conducted by a,nonprofit organization, when the purpose of such event is in furtherance of the nonprofit nature of such organization, required to obtain a license under this section § 155 -100 Itinerant and distressed merchandise vendors. A. Each person who shall engage in or transact any temporary or transient business in this County for the sale of goods, wares and merchandise and who, for the purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car or public room or any part thereof, including rooms in hotels, lodging houses or houses of private entertainment, or in any street, alley or other public place for a period of less than a year for the exhibition or sale of such goods, wares or merchandise shall pay for such privilege a license tax of $500 per year, which license shall not be prorated or transferable. B. Each person who or which has not been licensed for at least one year to sell or to offer for sale goods, wares or merchandise before the adoption of this section and who shall hereafter apply for a license to sell or offer for sale, goods, wares or merchandise within the County shall file with such application an- a€fidavit a statement from the owner of 14 the building, structure, etc., to be used by such applicant, indicating consent to use the premises for such sales, or no license shall be issued unless and until such affidavit statement is attached to the application. C. On each transient vendor for the sale of bankrupt, assignee, trustee, fire -wreck stock or salvage stock, a license tax shall be paid of $500 per year, which license shall not be prorated or transferable. D. No persons shall be exempt from the payment of the license tax imposed by this section by reason of associating temporarily with any local merchant, dealer or trader or by reason of conducting such business in the name of any local merchant, dealer, trader or auctioneer. E. No license tax shall be required under this section for any itinerant merchant participating in an event, not to exceed ten consecutive three days in length, sponsored -anal conducted by a nonprofit organization , when the purpose of such event is in furtherance of the nonprofit nature of such organization, and the sale of any goods, wares or merchandise is merely ancillary to such event and not the primary purpose therefor, and any such itinerant merchant shall have registered with and been approved by such nonprofit organization. The provisions of this subsection E do not create an exemption from the p rovisions of this Code regarding the meals tax or from the provisions of the Code of Virginia regarding the sales and use tax. F. Notwithstanding subsections A through D of this section, each person who shall engage in or transact any business in this County for the sale of goods, wares and merchandise at a festival as that term is defined in Section 86 -2 of this Code or at Any other pre-arranged event at a single location whether indoors or outdoors of more than 100 individuals shall ]2gl for such privilege a license tax of $30 per festival or event, which license shall not be prorated or transferable, and any such person shall have registered with and been approved by the person conducting the festival or event. No license shall be required under this subsection for i vendors at flea markets under Section 155 -112 of this Code who are to be licensed under that section; or (ii) vendors who have otherwise obtained or are otherwise required to obtain a license pursuant to Section 155 -73 of this Code. The provisions v�sjons of this subsection F do not create ally exemption from the provisions of this Code regarding the meals tax or from the Brovisions of the Code of Virginia regarding the sales and use tax. G. "C onducting" shall, or purposes of th section, mean organizing, sponso ®® promoting, hosting, or otherwise being responsible for a festival or event under this section. _.,. Enacted this 24th day of April, 2013. The above motion was approved by the following recorded vote: 15 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye PROPOSED SALE OF AN EASEMENT TO THE OLDE WOOLEN MILL. LLC OR SUCCESSORS or ASSIGNS TO ACCOMMODATE A CONNECTION TO THE FREDERICK COUNTY SANITATION AUTHROITY SYSTEM FOR THE BENEFIT OF THE PROPERTY OF THE OLDE WOOLEN MILL. LLC (OR SUCCESSOR(S) OR ASSIGN(S)), SAID EASEMENT CONSTITUTING APPROXIMATELY 7,843 SQUARE FEET, AND BEING LOCATED ON A PORTION OF TAX PARCEL NUMBER 33- A -162B SAID PARCEL INCLUDING PORTIONS THAT WOULD NOT BE SUBJECT TO THE EASEMENT) BEING A PORTION OF THE PROPERTY USED BY AND REFERRED TO BY FREDERICK COUNTY AS CLEARBROOK PARK IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Administrator Riley advised the Parks and Recreation Commission recommended the Board approve the sewer easement submitted by Painter and Lewis that would run from the old Clearbrook Woolen Shop through a portion of Clearbrook Park and connect to the Frederick County Sanitation Authority system. This easement is approximately 7,800 square feet. He went on to say the request was approved by the Parks and Recreation Commission and the requestor would compensate Frederick County $1,638, which is 25% of the appraised value as per the Parks and Recreation Easement Policy. The requestor had also offered to donate $25,000 for the construction of a maintenance storage building at Clearbrook Park in addition to meeting the requirements of the Easement Policy. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board 16 approved the sale of an easement to the Olde Woolen Mill, LLC. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT #02 -13 FOR FRED SABIA, FOR A COTTAGE OCCUPATION — HOME OFFICE. THE PROPERTY IS LOCATED AT 102 CALIBER COURT ROUTE 1396) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 54N- 2 -5 -82 IN THE STONEWALL MAGISTERIAL DISTRICT. - DENIED Zoning Inspector Dana Johnston appeared before the Board regarding this item. He advised this was an application for a conditional use permit to allow a marriage counseling office in the RP zoning district. The property is located at 102 Caliber Court in the Star Fort subdivision. He concluded by saying the Planning Commission recommended approval of this application with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than six (6) clients per day. 3. The applicant shall provide two (2) parking spaces for this use. 4. Hours of operation shall be Monday through Friday, 9 a.m, to 6 p.m., and one additional Saturday a month from 9 a.m. to 3 p.m. S. No signage permitted. 6. Other than those residing on the property, there shall be no additional employees. 7. Any expansions or change of use shall require a new Conditional Use Permit. 17 Supervisor DeHaven asked for clarification regarding the two parking spaces. Zoning Inspector Johnston responded they were off - street spaces and would be designated in the driveway. Chairman Shickle convened the public hearing. ,ferry Stevens, Stonewall District and neighbor, stated she was not in favor of this proposed business opening in her neighborhood. She adviseded about 16 children play outside during his proposed business hours and she was concerned about their safety. She noted there would be 240 vehicle trips each month, excluding the proposed Saturday hours. She went on to say she believed approval of this application would open "a can of worms" and she asked the Board to oppose the application. Lynnwood DeHaven, Stonewall District and resident of Star Fort, noted he lived at the end of the cul -de -sac on Fortress Drive. He stated Mr. Sabia was performing a much needed service, but the covenants for the neighborhood are clear, the homes are to be single- family residential dwellings only. There being no further public comments, Chairman Shickle closed the public hearing. Fred Sabia, applicant, stated he did mostly marriage counseling, but he used to do some mental health. He knew of four colleagues who had their practice in their homes. He concluded by saying he could space appointments to address the traffic concerns raised. Supervisor DeHaven asked County Attorney Williams to address the covenant issue. County Attorney Williams responded the covenants were a private agreement within the community and Frederick County had no enforcement responsibility or authority. He went on to say, with regard to the Zoning Ordinance, the applicant must have a conditional use permit if he wants to conduct this business activity in his home. 18 Supervisor DeHaven stated he was not insensitive to the concerns raised. He noted the ordinance allows for these types of uses and this permit would not relieve the applicant from his responsibilities under the covenants. Supervisor DeHaven moved to approve Conditional Use Permit #02 -13. The motion was seconded by Supervisor Collins. Supervisor Fisher stated he was troubled due to the covenant conflict and the concerns raised by the neighbors. The above motion was defeated by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Nay Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Nay Gene E. Fisher Nay Gary A. Lofton Nay BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS There were no citizen comments, BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. 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. (7:55 P.M.) 19 COUNTY of FREDERICK John R. Riley, Jr. County Administrator W qi' �R ; u ., s� TO: Board of Supervisors FRONT: Jay E. Tibbs, Deputy County Administrator 5401665 -5666 Fax 5401667 -0370 E -mail: jri1ey@co.frederick.va.us Listed below are the vacancies /appointments due through June, 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. VACANCIESIOTHER Historic Resources Advisory, Board Vacancy from Gainesboro District due to the Appointment of Mr. Robert Hess to the Board of Supervisors. Term to Expire 05127113. Four year term. Russell 150 Community Development Authority John S. Scully, I1/ Colony Realty 112 North Cameron Street Winchester, VA 22601 Office: (540)662 -0323 Term: 03/01/09 - 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.) MAY 2013 Planning Commission 107 North Kent Street - Winchester, Virginia 22601 U:\TJ Pl committeeappointmentsWemos \BoardCommitteoAppts (050813Mtg),docx TO: Board of Supervisors FROM John R. Riley, Jr., County Administrator 1 -� SUBJECT: Salaries for the Board of Supervisors DATE: May 2, 2013 Pursuant to Frederick County Code Section 15.2- 1414.3 of the Code of Virginia, 1950, as amended, the Board conducts a hearing to fix the annual salaries of the Board of Supervisors members. This year staff is proposing the following increase in the Board's salaries: Current Proposed Chairman $10,800 ..$15,000 Vice - Chairman $10,200 $13,500 Cther.Members $9,000 $10,000 The Board's salaries have not been increased since May 2001. The proposed increase is comparable to like sized jurisdictions and is on par with Rockingham County. Should the Board have any questions or need additional information, please do not hesitate to Contact me. JRR/j et 107 North Kent Street • Winchester, Virginia 22601 BOARD OF SUPERVISORS ORDINANCE SALARIES OF BOARD OF SUPERVISORS FISCAL YEAR 2013 -2014 540/665 -5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R Cheran, Zoning Administrator RE: Public Dearing: Increase to the South Timber Ridge Agricultural and Forestal District DATE: May 2, 2013 Chapter 43, Section 15.2 -4300 of the Code of Vir inia 1950, as amended, requires that any request to create or add to an Agricultural and Forestal District be reviewed by the local government. Furthermore, the Code of Virginia requires the local governing body to establish an Agricultural District Advisory Committee for the purpose of reviewing proposals that establish a district or additions to a district, to ensure conformity with the provisions of Section 15.2 -4300. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) met on March 18, 2013, and unanimously recommended the increase to the South Timber Ridge Agricultural and Forestal District. This proposed increase to the district contains 268 + /- acres within two parcels. The property is located in the Gainesboro Magisterial District, along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. The Planning Commission held a public hearing on May 1, 2013. There were no public comments. No issues were raised by the Commission and they unanimously voted to recommend approval of the increase in acreage to the South Timber Ridge Agricultural and Forestal District. (Note: Commissioners Triplett, Mohn, and Madagan were absent from the meeting; Commissioners Oates and Kenney abstained from discussion and voting.) MRC /rsa Proposed Addition to the South Timber Ridge Agricultural and Forestal District Chapter 43, Section 15.2 -4300 of the Code of Virginia 1950, as amended, enables local governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal lands for the production of food and other agricultural products and to provide natural and ecological resources. The Code of Virginia requires the local governing body to establish an ADAC for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of Section 15.2 -4300. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. r ,nr A TmN The district is located in the Gainesboro Magisterial District along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. SIZE The district currently contains 615 + /- acres within 13 parcels, managed by one (1) property owner. The proposed addition will be two (2) parcels containing 162 + /- acres and 106 +/- acres, for total acreage of 268 + /- acres. If this addition is approved, the resulting district will contain 15 parcels and 883 + /- acres, to be managed by the same property owner. AGRICULTURAL & FORESTAL SIGNIFICANCE The predominantly agricultural operations in the new district are 90 percent agriculture (orchard, and crop harvesting) and 10 percent open- space /woodlands. The area within the district is rural in nature. LAND USE The two (2) proposed parcels are in agricultural or residential use. COMPREHENSIVE PLAN The 2030 Comprehensive Policy Plan of Frederick County_ provides guidance when considering land use actions. The location of the proposed addition to the district lies outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and is not part of any land use plan or study by the County. The land use within this proposed addition to the district is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of orchards, agricultural, and residential. ZONING The proposed parcels are currently zoned RA (Rural Areas) Zoning District. The surrounding properties are zoned: North: RA (Rural Areas) East: RA (Rural Areas) South: RA (Rural Areas) West: RA (Rural Areas) 1 LAKES /PONDS /STREAMS The proposed addition to the district lies primarily within the Back Creek drainage area. The establishment of this district will further assist with managing the quality of the County's water resources. SOILS The general relief of the addition to the district varies from rolling hills to ridges to the north, west, south and east. This district lies within the Back Creek watershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL The largest amount of prime agricultural soils located within the South Timber Ridge Agricultural and Forestal District is Weikert- Berks- Blairton STAFF COMMENTS The 2030 Comprehensive Policy Plan of Frederick County indicates the area of the County where this proposed addition is not part of any land use plan or study. The proposed addition is located outside the UDA and SWSA, and is to remain rural in nature and protected from any future development. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy, and to maintain the rural character of areas outside of its UDA. The addition of these two (2) parcels to the South Timber Ridge Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. STAFF CONCLUSIONS The proposed addition to the district meets the intent of Chapter 43, Section 15.2 -4300 of the Code of Virginia 1950, as amended that enables local governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal land. The Code of Virginia sets out criteria for evaluating Agricultural and Forestal District applications. One of the criteria is that the application should be evaluated in conjunction with the Comprehensive Plan of the locality. The Comprehensive Plan and this proposed addition provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2015. Therefore, staff would recommend that this proposed addition of two (2) parcels containing 268 acres to be included within the South Timber Ridge Agricultural and Forestal District. This additional acreage will increase the district from 615 acres to 883 acres. The Azricultural District Advisory Committee, at its meetinz on March 18, 2013, unanimously approved the addition to the South Timber Rid ,-e Azricultural and Forestal District. The Planning Commission at its meeting on May 1, 2013, unanimously approved the addition to the South Timber Rid ,-e A ,-ricultural and Forestal District. 2 610 • • • • • • • A r 4. y - Y1 ,. 4 ! HAMPSHIRE COUNTY 259 WEST VIRGINIA ,i . � o a ! � / Ag & Forestal Districts DISTRICT A PP le Pie Rid 9 e Note: Frederick County Dept of South Timber Ridge Agricultural Plannin & Development and Forestal District Addition 107 N Kent St e Suite 202 Winchester, VA 22601 37 -A- 72,37 -A -73 540 -665 -5651 Map Created: March 07, 2013 Staff: cheran 0 950 1 900 3 800 Feet Albin South Timber Ridge South Frederick District Double Church District 4M Red Bud Sewer and Water Service Area Q Parcels Note: Frederick County Dept of South Timber Ridge Agricultural Plannin & Development and Forestal District Addition 107 N Kent St e Suite 202 Winchester, VA 22601 37 -A- 72,37 -A -73 540 -665 -5651 Map Created: March 07, 2013 Staff: cheran 0 950 1 900 3 800 Feet ADDITIONS Action: PLANNING COMMISSION: May 1, 2013 - Recommended Approval BOARD OF SUPERVISORS: May 8, 2013 ❑APPROVED❑ DENIED ADDITIONS TO THE SOUTH TIMBER RIDGE AGRICULTURAL & FORESTAL DISTRICT WHEREAS, a proposal to increase the South Timber Ridge Agricultural & Forestal District by 268 acres, was considered. The properties are located in the Gainesboro Magisterial District along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east, and are identified by Property Identification Numbers 37 -A -72 and 37 -A -73. This application was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this proposal on March 18, 2013; and WHEREAS, the Planning Commission held a public hearing and recommended approval on this proposal to increase the South Timber Ridge Agricultural & Forestal District on May 1, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to increase the South Timber Ridge Agricultural & Forestal District on May 8, 2013; and WHEREAS, the Frederick County Board of Supervisors finds the addition to the South Timber Ridge Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby increases the South Timber Ridge Agricultural & Forestal District by 268, to total 883 acres in the Gainesboro Magisterial District, with an expiration and renewal date of May 1 2015. This Agricultural & Forestal District is as described on the attached map. PDRes. #08 -13 This ordinance shall be in effect on the day of adoption. Passed this 8th day of May, 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. 908 -13 540/665-5651 FAX: 540/665-6395 TO: Frederick County Board of Supervisors FROM: Mark R Cheran, Zoning Administrator RE: Public Dearing: Creation of the North Opequon Agricultural and Forestal District DATE: May 2, 2013 Chapter 43, Section 15.2 -4300 of the Code of Virg 1950, as amended, requires that any request to create or add to an Agricultural and Forestal District be reviewed by the local government. Furthermore, the Code of Virginia requires the local governing body to establish an Agricultural District Advisory Committee for the purpose of reviewing proposals that establish a district or additions to a district, to ensure conformity with the provisions of Section 15.2 -4300. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) met on March 18, 2013, and unanimously recommended the creation of a new Agricultural and Forestal District, to be known as the North Opequon Agricultural and Forestal District. This proposed district contains 400.186 + /- acres within five parcels. The properties are located in the Stonewall Magisterial District, straddling Old Charlestown Road (Route 761) to the north and south, Opequon Creek to the east and Slate Lane to the west. During the Planning Commission's public hearing on May 1, 2013, one adjoining property owner came forward to inquire how the creation of the new Agricultural and Forestal District would affect her property. No issues were raised by the Planning Commission and they unanimously voted to recommend approval of the new district. (Note: Commissioners Triplett, Mohn, and Madagan were absent from the meeting; Commissioner Oates abstained from discussion and voting) MRC /rsa Proposed North Opequon Agricultural and Forestal District Chapter 43, Section 15.2 -4300 of the Code of Virginia 1950, as amended, enables local governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal lands for the production of food and other agricultural products and to provide natural and ecological resources. The Code of Virginia requires the local governing body to establish an ADAC for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of section 15.2 -4300. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew Forestal District applications. LOCATION This proposed district is located in the Stonewall Magisterial District, straddling Old Charlestown Road (Route 76 1) to the north and south, Opequen Creek to the east, and Slate Lane to the west. SIZE The proposed district will contain 400.186 + /- acres within five (5) parcels, managed by one (1) property owner. Please see attached map. AGRICULTURAL & FORESTAL SIGNIFICANCE The predominantly agricultural operations in the new district are 90 percent agriculture (livestock, and crop harvesting) and 10 percent open- space /woodlands. The area within the district is rural in nature. LAND USE All parcels within the proposed district are in agricultural or residential use. COMPREHENSIVE PLAN The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The location of this proposed district lies outside the Urban Development Area (UDA) and Sewer and Water and Service Area (SWSA), and is not part of any land use plan or study by the County. The land use within this proposed district of 400.186 + /- acres is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of agricultural, and residential. ZONING All of the parcels are of this proposed district are currently zoned RA (Rural Areas) Zoning District. The surrounding properties are zoned: North: RA (Rural Areas) East: Opequon Creek / Clarke County South: RA (Rural Areas) West: RA (Rural Areas) 1 LAKES /PONDS /STREAMS The proposed district lies within the Hiatt Run and Hot Run drainage areas. These two bodies of water are tributaries to the Opequon Creek. The establishment of this district will further assist with managing the quality of the County's water resources. SOILS The general relief of the new district varies from rolling hills to ridges to the south and west and flat and gentle rolling hills to the north and east. This district lies within the Hiatt Run and Hot Run drainage area and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL The largest amount of prime agricultural soils located within the proposed Agricultural and Forestal District is Frederick - Poplimento STAFF COMMENTS This proposed district is not part of any land use plan or study as indicted within the 2030 Comprehensive Policy Plan of Frederick County. (Comp Plan) The proposed district is located outside the Urban Development Area (UDA) and Sewer Water Service Area (SWSA), and is to remain rural in nature and protected from any future development. The intent of the County's Rural Areas is to maintain agriculture as a significant portion of the County's economy, and to maintain the rural character of areas outside of its UDA and SWSA. The proposed Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. The Azricultural District Advisory Committee, at its meetinz on March 18, 2013, unanimously approved the creation of the North Opeguon Azricultural and Forestal District. The Planning Commission at its meetinz on May 1, 2013, unanimously approved the creation of the North Opeguon Azricultural and Forestal District. 2 CLARKE COUNTY VIRGINIA r a Ag & Forestal Districts DISTRICT AD- le le Pie Rid e a OLD CHAT 0 T � Note: North Opequon Agricultural Frederick County Dept of and Forestal District Planning &Development e 107 N Kent St Suite 202 45 - A - 30,45 - A - 31, 45 - A - 32, Winchester, VA 22601 45- A- 1Ov,45 -A -lOw 540- 665 -5651 Map Created: March 07, 2013 Staff: cheran 0 800 1,600 3,200 Feet Albin South Timber Ridge ®.> South Frederick District 4M Double Church District 4M Red Bud O Sewer and Water Service Area Q Parcels Streets a OLD CHAT 0 T � Note: North Opequon Agricultural Frederick County Dept of and Forestal District Planning &Development e 107 N Kent St Suite 202 45 - A - 30,45 - A - 31, 45 - A - 32, Winchester, VA 22601 45- A- 1Ov,45 -A -lOw 540- 665 -5651 Map Created: March 07, 2013 Staff: cheran 0 800 1,600 3,200 Feet ESTABLISHMENT Action: PLANNING COMMISSION: May 1, 2013 - Recommended Approval BOARD OF SUPERVISORS: May 8, 2013 ❑APPROVED❑ DENIED ESTABLISHMENT OF THE NORTH OPEQUON AGRICULTURAL & FORESTAL DISTRICT WHEREAS, a proposal to create the North Opequon Agricultural & Forestal District to consist of 400.186 acres, was considered. The properties are located in the Stonewall Magisterial District straddling Old Charles Town Road (Route 76 1) to the north and south, the Opequon Creek to the east and Slate Lane to the west, and are identified by Property Identification Numbers 45 -A- IOV, 45- A -10W, 45 -A -30, 45 -A -31, and 45 -A -32. This application was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this proposal on March 18, 2013; and WHEREAS, the Planning Commission held a public hearing and recommended approval on this proposal to establish the North Opequon Agricultural & Forestal District on May 1, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to establish the North Opequon Agricultural & Forestal District on May 8, 2013; and WHEREAS, the Frederick County Board of Supervisors finds the establishment of the North Opequon Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby establishes the North Opequon Agricultural & Forestal District to consist of 400.186 acres in the Stonewall Magisterial District, with an expiration and renewal date of May 1 2015. This Agricultural & Forestal District is as described on the attached map. PDRes. #09 -13 This ordinance shall be in effect on the day of adoption. Passed this 8th day of May, 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. 909 -13 54 0/665-56 51 5 40/66 5 - 6395 T®: Board of Supervisors FROM: Michael T. Ruddy, AICP , Deputy Director DATE: April 29, 2013 RE: Discussion: CPPA; Middletown/Lord Fairfax SWSA - Future Expansion Area. Following on from the recently approved LFCC/Middletown Sewer and Water Service Area Plan, which created a 138 acre SWSA in the area surrounding, and including the Lord Fairfax Community College, the CPPC and Planning Commission continued the discussion of the surrounding area previously identified as Phase 2. On March 11, 2013, the Comprehensive Plans and Programs Committee (CPPC) recommended approval of the Comprehensive Plan amendment for a change in the land use designation of this property to ®M, with the recognition that other business development land uses aimed at supporting Lord Fairfax Community College may be considered with rezoning requests implementing the Plan. The CPPC's endorsement included the language added to the previously approved land use plan and an updated land use map. The CPPC expressed their desire to see the Board of Supervisors provide guidance on the timing of the expansion of the SWSA in support of the expansion area. As expressed by the property owner's representative at the Planning Commission discussion, it is the property owners desire to see the SWSA expanded at this time. The Planning Commission discussed this item at their April 3, 2013 meeting. The Commission discussed how the provision of water and sewer would occur in this area. Staff reiterated that the Plan would maintain consistency with the recently approved Middletown/Lord Fairfax SWSA Plan. The Town of Middletown and the City of Winchester would be involved in the provision of public water and sewer. r fX 11 �� Board of Supervisors Discussion: CPPA; Middletown /Lord Fairfax SWSA - Future Expansion Area. April 29, 2013 Page 2 No other issues were raised by the Planning Commission and the Commission expressed their general support of this amendment, in particular as it would enhance the College and its growth and development. This discussion at the Board of Supervisors will provide an opportunity for the continued review of this proposed amendment to the 2030 Comprehensive Plan; the Middletown/Lord Fairfax SWSA. Please find attached with this agenda item the proposed addition to the Middletown /Lord Fairfax Sewer and Water Service Area Plan. Please contact the Planning Department should you have any questions regarding this information. Attachments MTR/bad APPENDIX I - AREA PLANS Future Expansion Area (Added 01/09/13) The area immediately to the north of the Middletown /Lord Fairfax SWSA was evaluated for potential inclusion into the Middletown /Lord Fairfax SWSA Area Plan following the approval of the Area Plan by the Board of Supervisors on November, 2012. This section, Future Expansion Area, is the resulting addition to the plan which provides guidance to the adjacent property owners regarding the future land uses. The policies established in the Middletown /Lord Fairfax SWSA Area Plan guiding transportation and the provision of public water and sewer would apply to this area of future expansion. The actual expansion of the SWSA line would occur in the future with the approval of the Board of Supervisors. - The Board of Supervisors should determine if this SWSA modification should occur at this time with the approval of the Future Expansion Area addition. The future expansion area is approximately 100 acres in size and is contiguous to the existing Middletown /Lord Fairfax SWSA. The future land use in this area is envisioned to promote areas of business development in support of the adjacent land use, Lord Fairfax Community College. The business development land uses may include a variety of support services to programs offered at the College, including but not limited to, Health Care, Life Sciences, and Technology. Other independent business development land uses may promote the mixed use industrial /office land use classification of the Comprehensive Plan, the OM Park District, which is designed to provide for areas for research - and - development centers, office parks, and minimal impact industrial and assembly uses. It is recognized that zoning districts other than the OM district may be proposed provided they support business development and the college. All of the above would provide opportunities for workforce development associated with Lord Fairfax Community College. Residential land uses are not proposed in this area. The area to the west of the Middletown /Lord Fairfax SWSA is not envisioned to be included in the Area Plan. Route 11, Valley Pike, will continue to be the western boundary of the Middletown /Lord Fairfax SWSA. The land in this area to the west of Route 11, Valley Pike, is rural in character and maintaining it in its current state would reinforce the rural and historical character of the land, and would preserve the vistas to the west. In addition, it is recognized that there are environmental features in this area as Meadow Brook and its associated floodplain bisects the area from north to south. The area is further constrained by the railroad tracks that also parallel Route 11, Valley Pike. Middletown /Lord Fairfax Sewer and Water Service Area Future Expansion PC /BOS Draft March 18, 2013 a 91 r � 1>41 4 i� a Q o o`' `4'e 0 J J m r D Z 0 M v Middletown /Lord Fairfax SWSA Boundary Building Footprints Q Parcels ® Employment _ Airport Support Area Q B2 / B3 Mixed -Use Industrial Mixed -Use Industrial Office jG a Q Residential, 4 u/a 4 Q High- Density Residential, 6 u/a Q High- Density Residential 12 -16 u/a Q Mixed -Use / High- Density Residential, 12 -16 u/a Institutional Urban center Q Rural Area Interstate Buffer Park Natural Resources & Recreation Landfill Support Area D � a o r� O � � o a Q t' 1 f J �e PERSHING MILLLN Note: Frederick County Dept of Planning & Development Aiddletown / Lord Fairfax 107 N Kent St Suite 202 10 SWSA Winchester, VA 22601 540 - 665 - 5651 Map Created: January 09, 2013 Staff: mruddy D 650 1,300 2,600 Feet APPENDIX I - AREA PLANS MIDDLETOWN/LORD FAIRFAX SEWER AND WATER SERVICE AREA Lord Fairfax Community College (LFCC) is a comprehensive, multi- campus public institution of higher education. Through its three locations — the Fauquier and Middletown Campuses and the Luray -Page County Center — the College serves eight localities in the Shenandoah Valley and Piedmont regions. The localities are the counties of Clarke, Fauquier, Frederick, Page, Rappahannock, Shenandoah and Warren and the city of Winchester. Frederick County's Middletown Campus is located at 173 Skirmisher Lane, Middletown, Virginia. The Middletown campus has grown since it was founded in 1970 into the campus illustrated in the following site plan. PA- Laq.nd Wak Lerar, 7 • - P.at HMI Lehrxt' 4— ScxnrA am rO gqy- Scwnce . pm. FM#3 .S 6.100 cr,�ror,cdr, �vco- � c�a, e�m n�ry A.whi man! C.Q. WRIM ''��, t i LFCC is looking to expand its facilities on its current property and on property owned by the LFCC Foundation. The Middletown Elementary School is located immediately north of Lord Fairfax Community College and is one of eleven elementary schools operated by Frederick County Public Schools serving elementary aged children in Frederick County. Middletown /Lord Fairfax Sewer and Water Service Area Future Expansion PC /130S Draft March 18, 2013 APPENDIX I - AREA PLANS Middletown /Lord Fairfax SWSA The Sewer and Water Service Area (SWSA) is an important policy tool used by Frederick County to determine where public water and sewer service may be provided. The Board of Supervisors approves the location of the SWSA boundaries through the adoption of the Comprehensive Plan; the 2030 Comprehensive Plan, and amendments thereto. As a result, properties located within the SWSA may enjoy access to public water and sewer. The Middletown /Lord Fairfax SWSA has been established to enable the provision of public water and sewer in the area north of the Town of Middletown to current and future institutional land uses, including Lord Fairfax Community College and the Middletown Elementary School. The supporting map identifies the location of the Middletown /Lord Fairfax SWSA boundary. Future study of the area surrounding the Town of Middletown may identify additional properties that could be added to the Middletown /Lord Fairfax SWSA, if deemed appropriate by the Board of Supervisors. The Frederick County Sanitation Authority (FCSA) has the primary responsibility to manage the provision of water and sewer in Frederick County, and therefore, within the SWSA. In some cases, other public entities may serve properties within Frederick County, if approved by the Board of Supervisors. Lord Fairfax Community College currently obtains water from the City of Winchester, and the Town of Middletown receives their wastewater. The FCSA has expressed that, at this time, they have no desire to serve this area of Frederick County. However, nothing would preclude the FCSA from serving this area in the future if it is deemed necessary and appropriate. The approval of this plan by the Board of Supervisors would allow the City of Winchester and the Town of Middletown to continue to serve the properties with water and sewer, respectively. It is recognized that properties owned by the State of Virginia are preempted from local control by Frederick County. Frederick County and Lord Fairfax Community College will continue to work collaboratively on issues related to the growth and development in this area of Frederick County. Land Use Frederick County uses the 2030 Comprehensive Plan to guide the future land uses. The Town of Middletown's Foresight Middletown plan, which was adopted into the Town's Comprehensive Plan in 2005, guides the future land uses within the Town and was considered when drafting this plan. Middletown /Lord Fairfax Sewer and Water Service Area Future Expansion PC /BOS Draft March 18, 2013 APPENDIX I - AREA PLANS The area encompassed by the Middletown /Lord Fairfax SWSA is envisioned to promote the continued growth of institutional land uses that enhance the existing educational institutions; Lord Fairfax Community College and the Middletown Elementary School. To that end, the plan calls for the establishment of approximately 140 acres of institutional land use that will serve the citizens of Frederick County and the broader region. Institutional land uses are defined as a nonprofit or quasi - public use or institution, such as a church, library, public or private school, hospital or municipally owned or operated building, structure or land used for public purposes. Institutions of higher education are defined as an educational institution whose primary purpose is to provide a collegiate or graduate education. Transportation The Middletown /Lord Fairfax SWSA is immediately north of the Town of Middletown and is bounded by Route 11, Valley Pike, to the west, and Interstate 81 to the east. Access to the area is via Route 11, Valley Pike. Route 11, Interstate 81, and Exit 302, are strong assets to the areas' transportation network, and to the success of the institutional uses envisioned for this area. It will be important to ensure the function of this transportation network. In rapidly growing areas, as noted in the Foresight Middletown plan, controlling and coordinating the number, design and location of new access points to major roadways is critical to maintaining the safety and capacity of the road system as traffic volumes increase. Accordingly, access to Valley Pike, Route 11, should be managed and limited. In the future, internal connections within the institutional land uses should be considered. In addition, the primary route to this area from Interstate 81 should be enhanced to safely and effectively manage the traffic and to reflect the Foresight Middletown plan as a means to create an attractive entrance to the Town and this developing area. Consistent application of Comprehensive Plan goals to achieve an acceptable level of service on area roads and overall transportation network, level of service C or better, should be promoted. Further, efforts should be made to ensure that additional degradation of the transportation beyond an acceptable level of service shall be avoided. Consideration of future development applications within the study area should only occur when an acceptable level of service has been achieved and key elements and connections identified in this plan have been provided. Middletown /Lord Fairfax Sewer and Water Service Area Future Expansion PC /BOS Draft March 18, 2013 COUNTY of FREDERICK Department Planning and Development 54 FAX: 540/665-6395 TO: Board of Supervisors FROM: Michael T. Ruddy, AICP Deputy Director DATE: April 29, 2013 Discussion: CPPA, Northeast Land Use Plan Update. At the Board of Supervisors January 9, 2013 meeting, the Board adopted a resolution directing staff to undertake a SWSA expansion study to evaluate land in the vicinity of the Light property, near the intersection of Woodbine and Woodside Roads. The Comprehensive Plans and Programs Committee (CPPC) reviewed the area around and including the Light property with the intention of completing a modification to the Northeast Land Use Plan and SWSA boundary in this general area. On March 11, 2013, the CPPC recommended approval of the Comprehensive Plan amendment for the area in the vicinity of, and including, the Light properties. The Northeast Land Use Plan is proposed to be amended to reflect the proposed changes. The CPPC's endorsement was for an updated land use map, including an expansion of the SWSA. This effort is also supportive of the ongoing Business Development Advancement Study recommendations. In summary, the CPPC came to general consensus on the following: ® Adjusting the SWSA around properties in the general area of the Light properties in support of the BDAS recommendations (see attached map). The area to include, in addition to the Light properties, that land currently planned with some form of industrial designation from the West Virginia state line to the north and to Turkey Run in the south. This is an addition to the SWSA of approximately 530 acres. Board of Supervisors Discussion: CPPA, Northeast Land Use Plan Update. April 29, 2013 Page 2 Encouraging a variety of Economic Development oriented land uses, including OM (Office and Manufacturing), M1 (Light Industrial) and M2 (Heavy Industrial) designated land uses within this general area. Identifying the general area with a blue color designation (Industrial) and encouraging flexibility in allowing the above land uses (OM, M 1, and M2) to locate within this area. Supported the completion of a Traffic Impact Analysis in support of the proposed update to the land use plan. The CPPC's intent with the proposal was to allow flexibility in the ultimate economic development targeted land uses. To that end, the CPPC wanted to be clear that the area added to the SWSA with this proposed amendment may include, in addition to light industrial land uses, those land uses associated with OM (Office Manufacturing) and M2 (heavy industrial). This is intended to provide flexibility in the ultimate location of desirable economic development uses. Any future rezoning requests should be consistent with this stated intent for this Northeast Land Use Plan update. The Planning Commission discussed this item at their April 3, 2013 meeting. No issues were raised by the Planning Commission and the Commission expressed their support of this amendment_ This discussion at the Board of Supervisors will provide an opportunity for the continued review of this proposed amendment to the 2030 Comprehensive Plan; the Northeast Land Use Plan. Attachments MTR/bad Attachments: • Proposed adjustment to Northeast Land Use Plan map • Location Map • Resolution • Current Northeast Land Use Plan d Plan w Major Arterial proved Major Arterial 671 w Minor Arterial proved Minor Arterial w Major Collector proved Major Collector w Minor Collector proved Minor Collector mp sss f _, io l n olp 1r.�. ails _ 672 are zo, 663 � _ s � r 661 v 661 00 t 37 669 F War Brook & Brffigetown �° pour Rural CommunfiA P aim 10, %110 40" fit- �rrr rre` i F Stephenson Rural Community Center a s -� t • • • rry rrr' � rf, � • 1 666 664 663 N1 / H 1 1 / K / / Clear Brook B Rural Con �L'ent P l Stephenson +� ' �.� ' Rural Community ! + r Center � 661 L 11 •' • �,I lltlh • • • •• tea,.,, ♦♦ p f� 1111 • 7 ✓861 •♦ •♦• 37 I • �' VO4b I• 0 4b 660 664 • *4b • 4b 4b ♦ , • 659 ♦ � ....: ♦ 661 • +} 4b 1 7 LI 669 sss 671 643 + , J f ssa i' Stephenson Rural Community Center r, 661 qb i f / 661 I �I / / 37� • • • ,M • • 661 • sss / 1 s71 1 673 663 i 661 4�t� _ sss Stephenson Rural Community Center M ♦ S .'ice � �.• -. 11?,t11 _ _ •,1 661 • ��1;� \`4 I• I ♦* ID � 660 1 I •• 1 I ♦ •� F�3 661 •4b f- � ••11' y 1 • • •• • sss w 11 i 1 1 1 4, l JJI!' Proposed SWSA Boundary ■ ■ , / ■ r Parcels Potential_Industrial 1 Business ® Mixed -Use Mixed Use Commercial \ Office Highway Commercial Warehouse Industrial ® Heavy Industrial Mixed Use Industrial \ Office /\ Extractive Mining Residential • Planned Unit Development Mixed Use Age Restricted 1 Urban Center f *5f Neighborhood Village Recreation Q Commercial Recreation Natural Resources & Recreation Park Historic \ DSA ® Fire & Rescue C� Institutional School tires Rural Community Center BERKELEY COUNTY WEST VIRGINIA r i i 1 f I °1� � T Note: Potential SWSA Frederick County Dept of Planning & Development Boundary with 107 N Kent St e Suite 202 Industrial Land Use Winchester, VA 22601 Designation 540- 665 -5651 Map Created: March 05, 2013 Staff: mruddy 0 1,200 2,400 4,800 Feet BERKELEY COUNTY WEST VIRGINIA RD 9F''W O Applications Q Parcels B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) - MI-11 (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) 1 , f t P G G N Z Y a z m z BE NSON O Note: Frederick County Dept of Planning & Development CPPA Resolution 107 N Kent St Light Properties suite es g p Winchester, VA 22601 540 - 665 - 5651 Map Created: December 27, 2012 Staff: eIawrence 0 750 1,500 3,000 Feet SO UaIV N Action: BOARD OF SUPERVISORS: January 9, 2013 APPROVED DENIED Lj DIRECTING STAFF TO UNDERTAKE A SWSA EXPANSION STUDY TO EVALUATE LAND IN THE VICINITY OF THE LIGHT PROPERTY, NEAR THE INTERSECTION OF WOODBINE AND WOODSIDE ROADS WHEREAS, The Light family owns approximately 400 acres, near the intersection of Woodbine and Woodside Roads, adjacent to the Winchester Western Railroad. The parcels ate identified by Property Identification Numbers 34 -1 -A, 34 -A -613, 34 -A -7, 34 -A -8A, 34-A- 129A, 34- A -129E, 34-A- 129F, 34- A -129G, and 34 -A -1291, in the Stonewall Magisterial District; WHEREAS, The properties collectively are designated in the 2030 Comprehensive Plan for various types of business development land uses, yet only a poition of the properties are located within the Sewer and Water Service Area (SWSA). To most effectively develop the properties and expand the industrial tax base, it is desirable to enable access to the public water and sewer system; WHEREAS, The request for consideration of this Sewer and Water Service Area (SWSA) expansion was sponsored and presented to the Board of Supervisors by the Stonewall Magisterial District Supervisor on December 12 and, WHEREAS, The Board of Supervisors supported the Stonewall Magisterial Districts Supervisor's request to place a Resolution on the next available Board of Supervisors' agenda; NOW, THEREFORE, BE IT ORDAINED that the Board of Supervisors directs the Planning Commission to study and return to the Board of Supervisors a Comprehensive Plan study, specifically pertaining to the Sewer and Water Service Area, and regarding an expansion of the SWSA to incorporate Property Identification Numbers 34 -1 -A, 34- A -6B, 34 -A -7, 34 -A -8A, 34- A -I29A, 34- A -129E, 34- A -129F, 34- A -129G, and 34- A -129I. Passed this 9 day of January 2013 by the following recorded vote. Richard C Shickle, Chairman Gary A. Lofton Bill M. Ewing Gene E. Fisher Charles S Deflaven, Jr . Christopher E Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator Snapshot of the current Northeast Land Use Plan COUNTY of F'REDERIC Department of Planning and Development 5 40 1 665 - 56 51 MEMORANDUM r< , 6 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner CA,! Subject: Discussion — Entrance Spacing Requirements Date: April 26, 2013 This item was discussed by the DRRC at their February 2013 meeting. The DRRC endorsed the proposed amendment with minor revisions and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item on March 20, 2013. Concern was expressed over the spacing not being based on speed, specifically residential entrances on minor and major collector roads and that it appeared the proposed spacing standards should be increased, not decreased. The attached document shows the existing ordinance with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance. `:: u ATTACHMENT 1 Chapter 165 - Zoning Part 202 - Off - Street Parking, Loading and Access § 165 - 202.03. Motor vehicle access. A. New driveways. (1) Private driveways or entrances shall be allowed to provide access to individual residences or uses. Private driveways or entrances shall also be allowed to provide access to parking lots and loading areas shared by a number of residences or uses. (2) In order to provide safe and convenient access and to provide efficient travel on arterial highways, a minimum spacing shall be provided between new driveways onto and entrances onto collector roads, ; Ad ept arterial highways, and primary ^gal highways, in the following zoning districts: [Amended 12 -10 -2008] B1 Neighborhood Business B2 Business General B3 Industrial Transition OM Office - Manufacturing Park M1 Light Industrial M2 Industrial General (3) In addition, the minimum spacing requirements shall apply to_ (a) any business, industrial or institutional use in any zoning district, er-and -te-Lbj any residential development in which more than one dwelling shares a parking lot. (4) Minimum spacing shall also be provided in all zoning districts between (a) new residential driveways onto and commercial entrances onto collector roads, arterial highways, and primary highways and the intersections of other roads with #4e - such collector roads e arterial highways and primary highways Minimum spacing between driveways/ entrances and between driveways / entrances and intersections shall be as follows: Minimum Residential Driveway, Full Commercial Entrance and Intersection Spacing on Primary Highways, a444-Arterial Highways and Collector Roads j2acto ' peed Limit ( ;p4 ;4Road Classification Minimum Required Spacing (feet) R q A ;tom 415 Minor Collector 100 ATTACHMENT 1 Major Collector- residential driveway /entrance 150 Maio r Collector - commercial entrances 79 -250 Primary or Arterial with posted speed limit 45 mph or less 4-5& 250 Primary or Arterial with posted speed limit more than 45 mph 2-88 495 (5) In all cases, the spacing distances shall be measured from the centerline to centerline in (6) Th e FA spar=iRg fB♦' aeeess�A_.A Ar'rcr "^vc^ras Sh @'zm-- se:7A- TPe *hP *w; Pell ° '� Deleted (Note: (6) con be deleted because its contents hove been moved to the chart in (4).] ILLUSTRATION ATION OF: Spacing and Share ccess _ Pro= 19 IAL AICRWAY - aed Limit - 15 141i 150 Pest --- --� Existing I lot can Driveway eacad 6 acre esea lent CALE. '. 60' I 1 Existin lot line f4@4 Existing access. When a parcel abuts a minor or collector street that intersects with the arterial or primary highway and when the parcel cannot be provided with an entrance 2 ATTACHMENT 1 onto the arterial or primary highway that meets the spacing requirement, access to the parcel shall be only from the existing entrance on the minor or collector street and new entrances shall not be allowed directly onto the arterial or primary highway. (7) {14Shared access. When a lot is created on a collector road or arterial or primary highway, shared means of access to the road or highway shall be created by access easement, shared driveway, shared entrance or other means to ensure that the spacing requirements have been met. [1j When a lot is divided or developed that can be provided with a driveway entrance meeting the spacing requirements but that is adjacent to other parcels or lots that will not be able to have entrances meeting the spacing requirements, means of highway access to the adjoining property may be required by the Zoning Administrator on the lot to be divided or developed. [21 When a lot is divided or developed that cannot be provided with access meeting the spacing requirements and when means of shared access that meets spacing requirements has been provided on adjoining lots that can be used to provide access to the lot in question, entrances shall not be allowed directly onto the arterial or primary highway from the lot to be divided or developed. [31 When a number of lots are divided or developed that have been included together on an approved master development plan, site plan or subdivision plat, shared driveways / entrances shall be provided as required to meet the spacing requirements. [41 When shared access is provided to meet the requirements of this section, the Zoning Administrator may require that it be provided in the form of an access easement. The Zoning Administrator may require a deed of dedication describing provisions for joint use and maintenance of that easement. Provisions for shared entrance signs may also be required. 151 Shared access easements shall be provided in a manner so that shared driveways are clearly separated from parking areas, loading areas and pedestrian walkways. [61 Shared access easements that follow lot lines are preferred. (8) New lots. No new lot shall be created on @^ @FteFial h any state maintained road unless spacing requirements can be met for driveways / entrances on the lot or unless access is provided through shared or existing access. (9) Number of driveways or entrances No more than one driveway or entrance shall be allowed per parcel I drives @Fe— allied v.;hiea de Ret unless each driveway /entrance from the parcel separately meets the spacing requirements, 3 ATTACHMENT 1 relative to each other and relative to any intersections within the minimum required spacing distance in all directions. The Zoning Administrator may permit entrances /driveways that do not meet the minimum spacing requirements if they are utilized solely for emergency access and are not open the public; such entrances must be gated or chained. (10) Entrances on collector and minor streets. Whenever a parcel abutting an arterial highway also abuts a collector or minor road, in order to obtain an entrance on the arterial road, an entrance must be provided on the collector or minor road. This shall only be required if a safe entrance can be provided on the collector or minor road, meeting all requirements of the Frederick County Code and the Virginia Department of Transportation. (11) All driveways and entrances onto state - maintained highways must also meet all requirements of the Virginia Department of Transportation and all other requirements tithe Frederick County Code. (12) New driveways and entrances shall align with existing or planned driveways, crossovers, turn lanes or other access features. This shall only be required if the resulting alignment provides safe access and if all requirements of the Frederick County Code and the Virginia Department of Transportation are met. (13) The location of new driveways and entrances shall conform with road improvement plans or corridor plans that have been adopted by Frederick County or the Virginia Department of Transportation. (14) Private roads providing lot access to multifamily and single - family small lot housing, as permitted in §144 -24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The pavement design for the private roads shall include eight inches of aggregate base material, Type I, Size No. 21 -13, and shall be paved with a 165 No. psy asphalt concrete, Type SM -2A, surface treatment. In addition, curb and gutters, standard curb CG -6, CG -7 or roll -top curb and sidewalks shall be provided along private roads; however, the Zoning Administrator may approve a waiver of sidewalks on private streets, provided that another recreational amenity is substituted for the sidewalk. Additionally, the Zoning Administrator may waive the requirement for curb and gutters and allow alternate pavement design to accommodate low impact design provided that the private road design is determined to be acceptable by the Director of Public Works. B. Alternative methods. (1) The Zoning Administrator may allow other means of motor vehicle access which do not meet the above requirements. Such means may involve the use of entrances which physically limit or restrict left turns (such as a right -in /right -out only entrance), methods which ensure one -way travel or other methods. (2) In such cases, the Zoning Administrator may require a traffic access plan which describes existing traffic, conditions and design on the streets abutting the site and the methods proposed to ensure that the intent of this section has been met. I ATTACHMENT 1 (3) Requested alternative methods of motor vehicle access which do not meet the minimum requirements of § 165 - 202.03 must be approved by VDOT prior to approval by the Zoning Administrator. C. Internal circulation. A complete system of internal traffic circulation shall be provided to serve all uses in any shopping center, industrial park or any development included in a single master development plan, site plan or subdivision plat approved by Frederick County. In such developments, internal access shall be provided in a fashion so that all uses can be mutually accessed without entering onto arterial or primary highways. In such cases, a pattern of internal circulation shall be designed to ensure that conflicts are avoided between moving vehicles, parking areas, pedestrian areas, loading areas and the various uses provided. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks shall be provided in conformance with adopted corridor or walkway plans or approved master development plans. The Board of Supervisors may require additional sidewalks or walkways on master plans or the Zoning Administrator may require additional sidewalks or walkways on site plans to promote a general system of pedestrian access in residential neighborhoods or business corridors. E. Fire lanes. Fire lanes shall be required as set forth in Chapter 90, Fire Prevention.EN [Added 12- 9 -1992] R Action: BOARD OF SUPERVISORS: May 8, 2013 IJ APPROVED IJ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 202 OFF - STREET PARKING, LOADING AND ACCESS 165- 202.03 MOTOR VEHICLE ACCESS WHEREAS, the Frederick County Planning Department has been directed to update the motor vehicle access requirements, specifically the entrance spacing requirements. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on March 20, 2013; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 8, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to update the motor vehicle access requirements, specifically the entrance spacing requirements. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to update the motor vehicle access requirements, specifically the entrance spacing requirements. Passed this 8th day of May, 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 Gene E. Fisher Bill M. Ewing Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator