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April 23 2014 Regular Meeting Minutes3101 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 23, 2014, at 7:00 P.M., in the Board of Supervisor's' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Lofton delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA -- APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one addition for the agenda. He added a Proclamation Honoring the Centennial of the Smith -Lever Act Establishing Cooperative Extension as item number four {4} under County Officials. Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved the amended agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Memorandum Re: Request to Set Schedule for Board Meetings During Summer Monihs and for November and December, 2014; - Parks and Recreation Commission Report; - Human Resources. Committee Report; and - Proclamation Honoring the Centennial of the Smith -Level Act Establishing Cooperative Extension Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 3�1 approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board approved the minutes from the Apri19, 2014 meeting by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. hisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH — {RESOLUTION #048 -143 - APPROVED Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board approved Debborah A. Hamilton as Employee of the Month for April 2014. 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, the Board of Supervisors selects one employee from those nominated based on the merits of outstanding performance and productivity, positive jab attitude and other noteworthy contributions to their department and to the County; and WHEREAS, Debborah A. Hamilton who serves the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and WHEREAS, Debborah A. Hamilton, an Officer that can effectively work any post assignment in a productive and exceptional manner is being awarded Employee of the Month for April. Officer Hamilton displays great teamwork and loyalty to the facility when and wherever she is needed. Her selfless performance during challenging times not only aides in the team's ability to operate in a smooth, safe, and secure manner, but also attests to her professionalism and personal integrity; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 31� Supervisors this 23T� day of April, 2014, that Debborah A. Hamilton is hereby recognized as the Frederick County Employee of the Month for Apri12014; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Debborah A. Hamilton far her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED, that Debborah A. Hamilton 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 Charles S. DeHaveza, 7r. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS APPOINTMENT OF GEORGE MICHAEL CUNDIFF TO THE FREDERICK COUNTY SANITATION AUTHORITY TO FILL THE UNEXPIRED TERM OF RICHARD A. RUCKMAN - APPROVED Upon a naation by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board appointed George Michael Cundiff to the Frederick County Sanitation Authority to fill the unexpired term of Richard A. Ruckman. Term expires April 15, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, fir. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye APPOINTMENT OF CORDELL WATT TO THE AGRICULTURAL DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board appointed Cordell Watt to the Frederick County Agricultural District Advisory Committee. "1 he above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye MEMORANDUM RE: REQUEST TO SET SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER, 2414 — APPROVED UNDER CONSENT AGENDA Minute Boak Number 39 Board of supervisors Regular Meeting of ©4123114 31 The Board of Supervisors canceled the following meetings during the summer months and November and December: June 11, 2014; July 23, 2014; August 27, 2014; September 24, 2014; October.22, 2014; November 26, 2014; and December 24, 2014. The above item was approved under the consent agenda. PROCLAMATION ( #006 -I4) HONORING THE CENTENNIAL OF THE SMITH - LEVER ACT ESTABLISHING COOPERATIVE EXTENSION — APPROVED UNDER CONSENT AGENDA WHEREAS, The Smith -Lever Act of 1914 established the Cooperative Extension Service, a state -by -state national network of extension educators who extend the university -based research and knowledge to the people in the counties; and WHEREAS, the Cooperative Extension System is a nationwide educational network that is a collaboration of federal, state and local governments and Virginia Tech and Virginia State University the state's land -grant universities; and WHEREAS, the mission of the Cooperative Extension System is to disseminate research - based information on topics as varied as nutrition and health, youth development, agriculture, horticulture, animal husbandry, small business and personal finance. Every U.S. state and territory has a central state Extension office at its land -grant universities and county offices staffed by professionals; and WHEREAS, Cooperative Extension of Frederick County, serves its residents through faculty and staff providing educational programs and research to meet the needs of the county; and WHEREAS, for 100 years, the Smith -Lever Act has stimulated innovative research and vital educational programs for youth and adults through progressive information delivery systems that improved lives and shaped a nation; and WHEREAS, Cooperative Extension educational programs in the areas of Family and Consumer Sciences, Agriculture and Natural Resources, 4 -H Youth Development, and Community Viability have benefitted our agricultural producers, businesses, families and youth, in Frederick County; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK as follows: That this Board, on behalf of the citizens of Frederick County recognizes, the 100th Anniversary of the Smith -Lever Act that established Cooperative Extension. We honor and thank all the faculty and staff, past, present and future, of Virginia Cooperative Extension of Frederick County who serve residents of all ages and backgrounds and that all residents continue to grow in awareness and support, and reap the benefits of the programs and services provided by. Virginia Cooperative Extension of Frederick County. GIVEN under my hand this 23rd day of April, 2014. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on April 8, 2014. Members present were: Greg Brondos, Jr., Randy Carter, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Kevin Anderson, Patrick Anderson, Christopher Collins, and Marty Cybulski. Items Re uirin Board of Su ervisors Action: Minute Book Number 39 Board of Supervisors Regular Meeting 01'04123114 314 None Submitted for Board Information Only: 1. Building and Grounds Committee — Proffer Recommendation —The Buildings and Grounds Committee recommended the use of $15,000 from the Parks and Recreation proffer account for engineering services to develop access to the undeveloped area of Sherando Park along Warrior Drive, second by Mr. Carter, carried unanimously (5 -0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisors action. HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Roam at 107 North Kent Street on Friday, April 4, 2014, at 8:00 a.m. Committee membexs present were: Supervisors Robert Hess, Supervisor Chris Collins, citizen member Dorrie Greene, and citizen zr�exnber Beth Lewin. Supervisor Robert Wells was absent. Also present were: Assistant County Administrator Kris Tierney, IT Director Walter Banks, and DSS Representative Delsie Butts. ** *Items Requiring Action *"* 1. Approval of the Employee of the Month Award. The Committee recommends approval of Correctional Officer Deborah Hamilton as the Employee of the Month for April 2014. ** *Items Not Requiring Action * ** 1. Presentation by the Director of Information Technology, Walter Banks. At the request of the Committee, Mr. Banks presented an overview of the objectives and responsibilities of the IT Department. The presentation also provided the Committee an understanding of his department's role, authority, projects, and topics of importance within his department. Presentation attached. There being no further business, the meeting was adjourned. Due to the Apple Blossom Holiday, the next HR Committee meeting is scheduled for Friday, May 9, 2014. BUSINESS FRIENDLY COMMITTEE REPORT -- INFORMATION ONLY Staff is providing the Board of Supervisors with an update on the status of the recommendations derived from the Business Friendly Committee. Some of these recommendations remain a work in progress, while others are ready for Board action. REVIEW AND EVALUATION OF THE MASTER DEVELOPMENT PLAN PROCESS The Board referred the re- evaluation of the current Master Development Plan process to the Planning Commission and the Development Review and Regulations Committee. The DRRC reviewed the requirements and did not believe the MDP requirement should be eliminated. It was felt this was an important process for both the applicant and the public. The DRRC recommended that the MDP ordinance be modified to allow for a waiver of the MDP requirement if an applicant chooses to process a detailed site plan in Iieu of the MDP. The Planning Commission considered this item at their April 2, 2014 meeting and concurred with the, DRRC's recommendation. This will be an agenda item for the Board's April 23, 2014 meeting. Planning staff is seeking direction from the Board regarding whether to send this proposed amendment forward for public hearing. ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY Minute Boak lYumber 39 Board of Supervisors Regular Meeting orb4/23/14 315 At the January 8, 2014 meeting of the Board of Supervisors, the Board approved- an ordinance changing the name of the Industrial Development Authority of the County of Frederick, Virginia to the Economic Development Authority of the County of Frederick, Virginia. In addition, the Board sought special legislation to all the Board to appoint a member of the Board of Supervisors as a voting member of the EDA. This legislation has been approved by the General Assembly and signed by the Governor. This new legislation will be effective July 1, 2014. The Board voted on the proposed make up of the newly named EDA board which would consist of three members each from the existing Economic Development Commission and Economic Development Authority and one member of the Board of Supervisors. Since that time, the EDA members have held discussions and unanimously agreed the Board of Supervisors needed the flexibility to consider all available and interested talent within Frederick County when appointing the new members to the Economic Development Authority and should not be restricted to three members from each of the current Economic Development Commission and Economic Development Authority. Based on the EDA members' position, the Board should give serious consideration to opening up the pool for EDA membership. As you might recall, the Board reappointed Mrs. Beverley B. Shoemaker to the EDA until July 1, 2014. The Executive Director of the Economic Development Commission will attend the next EDA meeting to brief the Authority on the upcoming transition to include staffing, working group functionality, and funding after July 1, 2014. REDUCTION IN PROFFER REQUIREMENTS The Development Impact Model Oversight Committee conducted a re- evaluation of the current Development Impact Model, taking into account current economic conditions. The Committee discussed the possibility of offering credits for proffered transportation improvements above those typically expected to address transportation impacts. The Development Impact Mode Oversight Committee recommended approval of a policy modification to enable credit for transportation. The Board affirmed the change to the Development Impact Model to allow transportation credits for rezonings. The Development Impact Model Oversight Committee continued to re- evaluate the model to see if further modifications would be appropriate. Those additional areas of study include: - Tax contributions that may result from new residential development. - Tax contributions that may result from new commercial development associated with a residential development proposal. In addition, the Committee reviewed the model to see if there were any components chat prohibited growth. The Committee recommended no further changes to the Development Impact Model. SIMPLIFICATION OF THE LANDSCAPE ORDINANCE The Board referred the re- evaluation of the current Buffers and Landscaping Ordinance to the Planning Commission and the Development Review and Regulations Committee. The DRRC reviewed the suggested changes from the Business Friendly Committee. The DRRC recognized that the buffer and landscaping sections were recently reviewed and felt the existing ordinance was appropriate. The DRRC recommended that the parking lot landscaping requirements be incorporated into the main landscaping session. The Planning Commission considered this item at their April 2, 2014 meeting. After some discussion and hearing comments from members of the public, the Commission referred this item back to the DRRC for further review and consideration. SIGNAGE ALONG MA,TOR ROUTES ENTERING FREDERICK COUNTY The Board referred this recommendation to the Transportation Committee and the Economic Development Commission far review of signage placement and messaging, respectively. The Minute Book Number 39 Board of supervisors Regalar Meeting of 0413114 �� EDC shared their preliminary recommendations with the Economic Development Authority since the EDA will ultimately fund this initiative. The EDA discussed this item at their February 20, 2014 and March 20, 2014 meetings. A signage subcommittee was established to select a design and craft the messaging. The subcommittee continues to work with the EDC Executive Director and the Executive Director of the Winchester - Frederick County Convention and Visitors' Bureau regarding messaging and branding. At the EDA's March 20, 2014 meeting, the EDA referred this item to the Transportation Committee for input regarding placement and how best to work with VDOT on this initiative. Once the EDA has f nalized their recommendation it will be forwarded to the Board of Supervisors for endorsement. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF MR. ALAYA WHITE AND MR. OMAR TEAGLE — P.M. DAY GLOW WILLOW GROVE FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86 -3, PERMIT RE�YRED; APPLICATION; ISSUANCE OR DENIAL; FEE, FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY MAY 3 2014 FROM 7:00 P.M. TO 11:00 P.M.• ON THE GROUNDS OF WILLOW GROVE 750 MERRIMANS LANE WINCHESTER VIRGINIA. PROPERTY OWNED BY ALAYA WHITE. ITHDRA PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF MR. DEMARCHI SPEARS — COLLEGE SPRING FORMAL DANCE /CHRISTENDOM COLLEGE. PURSUANT TO THE FREDERICK COUNTY _ CODE,CHAPTER $6, FESTIVALS; SECTION _86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR _DENIAL; FEE, FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL T_O BE HELD ON SATURDAY, MAY 3, 2414 FROM 5:00 P.M. TO 1:00 A.M.; ON THE GROUNDS OF TRUMPET VINE FARM, 266 VAUCLUSE ROAD, STEPHENS CITY, VIRGINIA. PROPERTY OWNED BY DEMARCHI SPEARS. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by DeMarchi Spears for the College Spring FormallChristendom College. The event will take place an Saturday, May 3, 2014 from $:00 P.M. to 1:00 A.M. on the grounds of Trumpet Vine Farm, 266 Vaucluse Road, Stephens City. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the outdoor festival permit request of DeMarchi Spears. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 31� � PUBLIC HEARING - CONDITIONAL USE PERMIT #02 -14 FOR JESSICA M. NEFF FOR A KENNEL. THIS PROPERTY IS LOCATED AT 461 LAUREL GROVE ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 73 -9 -3 IN THE BACK CREEK MAGISTERIAL DISTRICT. — POSTPONED UNTIL THE MAY i4, 2014 MEETING Zoning Administrator Mark Cheran appeaxed before the Board regarding this item. He advised this was a request for a conditional use permit for akennel —dog boarding. The property is located at 761 Laurel Grove Rd in the Back Creek Magisterial District. The property is zoned RA (Rural Areas) District and kennels are permitted in the zoning district with an approved conditional use permit. The proposed kenriel will be a covered structure measuring 20 feet by 30 feet with an exercise yard. Zoning Administrator Cheran advised the Planning Commission recommended approval of this conditional use permit with the following conditions: 1. All review agency comments shall be carnplied with at all times. 2. No more than twenty eight (28} dogs shall be permitted on the property at any given time. 3. This CUP is solely to enable the boarding of dogs on this property. 4. No employees other Than those residing on the property shall be allowed. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. 7. Any proposed business sign shall conform to Cottage Occupation sign requirements .and shall not exceed four (4) square Feet in size and five (S) feet in height. S. Any expansion or modiflcation of this use will require the approval of a new CUP. Zoning Administrator Cheran concluded by saying staff would be glad to answer any questions from the Board and the applicant was also present to answer any questions. Supervisor Hess asked if the number of dogs was suggested by the applicant or arrived at through discussions with the applicant and staff. Zoning Administrator Cheran responded the number was arrived at through discussions with the applicant. Supervisor Fisher asked if the Board had any way of evaluating the construction specif cations. Zoning Administrator Cheran responded the Board could add that as a condition; however, the applicant would need to get an engineer to sign and seal the plans and it would have to go through the permitting process. Minute Book Number 39 Sward of Supervisors Regular Meeting of 04/23/14 318 Jessica Neff, applicant, addressed the Board regarding construction of the proposed building. She noted the walls would be constructed of 2'x6' studs and additional insulation. The floor would consist of two feet of concrete. The walls would be covered with 518 inch sheet rock. There would a wrap placed between the siding and the wall. Additional insulation would be blown into the attic area and doors would be used to damp the noise. She noted that not all of the dogs would be out at the same time during the day and they would not be outside unsupervised. She went on to say she had contracted with a waste disposal company to collect the dog waste. She concluded by saying pick up and drop off of dogs would be by appointment only. Supervisor Hess asked the applicant haw long they had owned the property. Ms. Neff responded 10 years. Supervisor Hess asked if the applicant had spoken to her neighbors about this proposal. Ms. Neff responded she had after she filed the application. Supervisor Hess asked how many dogs would be needed to make this business successful. Ms. Neff responded she would need at least 10 dogs. Chairman Shickle convened the public hearing. Eds Coleman, attorney for Mr. &Mrs. Berman, adjacent property owners, appeared before the Board on behalf of his clients. He noted the proposed conditional use permit was not an appropriate use on that property. He stated the area was more residential than rural. He went onto say his clients would like to see additional conditions placed on this application, to include: - Requiring the applicant to secure a contract regarding waste handling; Reduction in the number of allowed dogs; - Time limit on how long dogs can stay at the kennel; - One person must be present on site at all times; - Limit the number of dogs allowed outside to one at a time; and - The conditional use permit should not be transferrable, but limited to this applicant. Mr. Coleman distributed the following memorandum to the Board of Supervisors: "To: mcheran co. rede�ick: va. us • rhess(a�fcva. us; r�shickle(a�fcva. us; cdehaven(a� fcva. us; fi�(a� fcva. us; rwells(a� fcva. us; �o�ton(��cva. us; ccollins(a�fcva. us Subject: BOS 4/23/14 Public Hearing on CUP 02 -14 -- Opposition of Scott and Bethanne Berman to Conditional Use Permit #02 -I4 ( "CUP ") /Jessica M. Neff To: Members of the Frederick County Board of Supervisors ( "BOS ") and the Frederick County Planning Staff From: Scott and Bethanne Berman Minute Baol� Number 39 Board of Supervisors Regular Meeting of 44/23/14 3 :1 � Our home is located at 247 Laurel Grove Road, TM lk 7383 as shown on the attached Planning Department Map created March I1, 2014. We have resided in our home for I S years. Based on the scale of the attached Map, our home is approximately I, 890 feet from the proposed site of Jessica Neff's Kennel. The proposed Kennel site and our home are both located on a ridge of essentially equivalent elevation, meaning that noise from the proposed Kennel will readily travel to our home. Consistent with comments presented at the April 2 Planning Commission Hearing, we oppose the approval of a CUP for the Kennel based on the following concerns: I. The Kennel, clearly a commercial use increasing vehicle traffic on Laurel Grove Road, will be a use inconsistent with the residential nature of the neighborhood. 2. The presence of the Kennel will reduce the value of our property and of our neighbors' properties. 3. The Kennel, as presently planned consistent with the Planning Commission's "Conditions, "will constitute a nuisance to the neighborhood. We respectfully submit that no CUP, regardless of the "Conditions" imposed, should be granted for the establishment of the Kennel. If, however, a CUP is to be granted, then, as set forth an Page 3 of the Staff Report to the BOS, the Zoning Ordinance requires that this proposed Kennel be subject to `performance standards" to assure the mitigation of the negative impacts which will result to us and our neighbors. Further, Page 6 of the Staff Report suggests that the Commissioner of Revenue apparently has "no issues " concerning devaluation of properties located near kennels with approved CUPS. This establishes that protection against devaluation of our and our neighbors' properties is dependent upon this Board adopting specific, enforceable Conditions to mitigate the damaging effects of the proposed Kennel. We understand that the Planning Commission has recommended only the following eight (8) Conditions, which we respectfully suggest must be substantially strengthened and made more specific: All review agency comments shall be complied with at all times. We believe the only sign cant agency comment to be the Health Department's statement that "Applicant may not dispose of canine waste via the septic tank drainfield on site." Page 6 of the Staff Report states merely that "The Applicant has contacted a company far the disposal of dog waste. " We understand that while there may not be established regulations for average waste produced per dog per day, nevertheless we understand there to be a "low" estimate of 5 gallons per day per dog and a "high" estimate of 10 gallons per day per dog, which would produce a range of 140 -280 gallons per day of wastewater assuming the Kennel operates at the Planning Commission's maximum of twenty -eight (28) dogs. We request that the Board, as _a Condition, of any CUP, require the Applicant to provide a written plan confirming: a. ro'ected wastewater usa a or the Kennel under maximum ca aci b. projected system for containing and storing both_ wastewater and solid waste; and c. the re uenc o waste um in /waste removal with Minute Book Number 39 Board of Superr+isors Regular Meeting of 04/23/14 32� confirmation of a contract with a waste hauler. 2. No more than twenty -eight (28) dogs shall be permitted on the properly at any given time. Given the waste containment and disposal issues of Condition 1 above and the control and noise issues of Condition 5 below, we submit that the maximum number o do s not he ermined to exceed 20 at an iven time. 3. This CUP is solely to enable the boarding of dogs on this property. The Applicant's Application notes the desire to operate the Kennet `for those going on vacation and need a temporary home far their dogs while away." Therefore, we re_q_uest that this Condition be expanded to provide that no do s shall he maintained in the Kennel or a time eriod exceedin 28 consecutive da s. 4. No employees other than those residing on the property shall be allowed. In order to assure the performance of Conditions 5 and 6 below, we re uest that there be a Re uirement that at least one erson residin on the propert}! shall remain on site at all times that any dogs are housed in the Kennel. S. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. As we understand it, Section 48 -23 "Unreasonable noise unlawful" of the Frederick County Code provides merely that it shall be unlawful, after written notice by the Sheriff to the custodian of a dog for such custodian to allow such dog to make unreasonably loud noises as are plainly audible to adjoining residents for property owners so as to unreasonably annoy or disturb such residents or property owners. Since Section 48 -23 requires prior written notice from the Sheriff, and since this Section contains no specific criteria assisting its enforcement, the Board must set specifrc Conditions on the proposed Kennel. Pages 3 and 6 of the Staff Report Hate that the proposed 20 x 30 square foot free - standing garage that is to serve. as the Kennel will be constructed with wider than normal walls to provide noise insulation. However, while the Planning Commission noted concerns for noise abatement, Condition 5 provides no standards. Obviously, noise mitigation of dog harking (both inside and outside of the kennel structure) must be achieved, in order to make Condition 5 meaningful and enforceable, To assure performance, we suggest: a. s eci tc noise- abatement construction standards with the use o s eci rc sound absorbin materials must be im osed a on the__proposed kennel garage structure, since the facility apparently will not consist o_f concrete walls or a standard wood type roof construction. The tyue of construction should provide at least a nominal SO -SS STC performance which �eauates to a nominal 45 -50 dBA noise reduction at the typicaC dog bark,,frepuency range. Further, the building reauirements should address the "com osite er ormance" rovided b walls roo doors windows and an ventilation o enin s as icall windows and doors represent the "weakest path" to abating noise. Minute Book 1�'umber 39 Board of Supervisors Regular Meeting of 04/23/14 32� Noise emanation nom the acili should be addressed b reducin o enin s re resented b windows doors andlar ventilation s stems. b. a specific size/dimension should be imposed on the "exercise yard," and a fencing Requirement of a minimum of six (6) eet in hei ht with all encin to be maintained throu bout the life of the CUP._ c. general experience establishes that individual dogs under control of a person generally do not bark. Generally, one dog or a few dogs under the control of individuals during outdoor activities may not hark, and if barking occurs, the dogs could be brought indoors. Therefore, we suggest a Limitation_as to the number of dogs that will be permitted to be outside of the kennel structure at a_ny one time should be established, along with a Requirement that the dogs be supervised/controlled while outside. We suggest that no mare than 5 supervised dogs be permitted to be outside at anv one time, and that no more than 2 unsupervised dogs be permitted to be outside at anv one time. � � �-�� ���� 6. All dogs must be confined indoors by 9: DD p. m. and not let outdoors prior to 8:00 a.m. Without strengthening Condition 5 as suggested above, this Condition literally permits the Applicant to maintain 100% of the dogs outdoors, everyday, during the 13 hour period of 8:00 a.m. to 9:00 p.m. The Board must impose specific Requirements to avoid the creation of a nuisance. 7. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. No comment, other than the Zoning Ordinance defines a "Cottage Occupation" as "an occupation or profession customarily carried on in a dwelling unit or an accessory building which `...is clearly incidental and secondary to the use of the dwelling unit for residential purposes. "' The presence of twenty -eight (28) dogs (each generating a fee on a daily basis), 24 hours per day and 7 days per week, "stretches" the logical definition of a "Cottage Occupation," and makes the residential use of Ms. Neff's property (and the residential use of our and our neighbors' properties) incidental and secondary to the Kennel itself. 8. Any expansion or modification of this use will require the approval of a new CUP. In addition, we suggest that anv CUP be restricted solely to the Applicant (Jessica M. Neffl, and that the operation of the Kennel under the CUP not be trans enable to an other erson or enti without the rior a naval o the Board as an amendment to the CUP Conditions. Page 3 of the Staff Report references a 400 foot distance as being required fora "no screen Category C Buffer." Page 5 of the Staff Report notes comments of Planning Commissioners that the Kennel location is buffered by corn fields and large stands of trees. Given, however, that there is no guarantee of the continued existence of the corn fields or the trees, and given the siting of the Kennel on the ridge, we su est that su lemental screenin thrau h A licant's lantin o Ever reen trees alon the southeastern bounds o Applicant's property be required. Minute Boak Number 39 Board of Supervisors Regular Meeting of 041231].4 322 Thank you for your consideration of our concerns, which we look forward to discussing further during the April 23 Public Hearing. Respectfully submitted, Scott and Bethanne Berman" Sheila Pinner, 40$ Laurel Grove Road, spoke in opposition to this proposed kennel. She stated that one voice in protest should ensure that due diligence is done by the Planning Commission and the Board of Supervisors. She stated this was an RA area and she had lived there for 42 years. She went on to say the tone of the Planning Commission meeting left her feeling dejected and that her concerns were not important. She asked the Board to consider her concerns. She was concerned about the loss of property value due to this kennel. She hoped the Board would look at Clarke County's recent action. She asked if the applicant was converting an existing garage or building a new building. She objected to having 28 dogs on the property. She urged the Board to review the conditions while considering what was right for the neighborhood. Rusty Clark, the applicant's father, appeared before the Board in support of this application. He stated he had lived next to a kennel far 25 years and it did not affect his property value. He went on to say he believed the applicant went above and beyond what was needed. Bethanne Berman, 247 Laurel Grove Road, stated she and her husband moved to the area to enjoy the peace and quiet. She noted a lot of problems could be solved with a phone call. She went on to say only one family stands to benefit from this business. She concluded by saying she was concerned her family's quality of life would be changed with approval of this permit. Chris McKenna, Back Creek District, expressed concerns about this proposal to include a decline in home values, increased traffic, and there were no other businesses on this road. He suggested approval of this business may change the character of the area. Laura Kulp, 442 Laurel Grove Road in the Back Creek District, stated the Virginia Tech research center was already located along her road, which guarantees there is already traffic along the road. As for dogs barking, she noted there were already several other barking dogs in the area, She concluded by saying dog barking was no louder than farm equipment. Ray Hayslett, 245 Laurel Grove Road in the Back Creek District, stated he had not heard where any engineering science had been applied to the acoustics of this proposed building. He asked what expert had vouched for the acoustics. He went on to say he was a small business owner in the county and had lived here fox five years. He noted there was some traffic tied to the Virginia. Tech research center, but he begged to differ about the amount. He concluded by Minnte Book Nnmber 39 Board of Supervisors Regnlar Meeting of 041231]4 323 asking the Board to consider the concerns raised. Christy McLaughlin, Treasurer of Shirley's Angels Boxer Rescue, stated Ms. Neff had been a loyal foster for her rescue agency and she would be very dedicated to keeping the property up. Carroll Anderson, representing Charlene Anderson, stated he was trying to rent his mother's house, but his family had concern about noise from the proposed kennel and its effect on their ability to rent this house. Scott Berman, 247 Laurel Crrove Road, advised he had spoken with neighbors of an existing�kennel and those individuals were concerned about their property values. He noted that barking dogs were a concern as well. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Lofton noted he had received materials last evening and having heard the neighbors he had more questions. He went on to say he did not want to unnecessarily withhold a decision, but he had questions that he needed to have answered. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board postponed this item until the May 14, 2014 meeting. Supervisor Collins stated he was concerned with what happens in the rural areas. He recalled an applicant, a few years ago, who sought a conditional use permit for a car wash. The applicant's request was denied, so he opened a pig farm. There being no further discussion, the motion to postpone was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — CHAPTER 165 ZONING ARTICLE VII — OVERLAY DISTRICTS PART 702 FP FLOODPLAIN DISTRICTS. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO BRING PART 702 — FLOODPLAIN DISTRICTS INTO COMPLIANCE WITH THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION CR VIRGINIA MODEL FLOODPLAIN MANAGEMENT ORDINANCE. � APPROVED Seniar Planner Candice Perkins appeared before the Board regarding this item. She advised these were revisions to Part 702 of the Frederick County Zoning Ordinance, FloodpIain Minute Book 1�'umber 39 Board of Su�ervisars Regular Meeting of 04/231I4 3�� districts to ensure the ordinance meets or exceeds the minimum requirements of the National Flood Insurance Program and the Commonwealth of Virginia. The primary revisions were: - New text regarding designation and duties of the Floodplain Administrator; - New sections for jurisdictional boundary changes and submitting technical data; - Relocation and revisions to the "Description of Special Flood Hazard Districts" sections; - Revised "Factors to be considered in granting variances "; - Revised "Elevation and Construction Standards "; and - New and revised definitions. She noted the proposed revisions were discussed by the bevelopment Review and Regulations Committee, Planning Commission, and Board of Supervisors and were sent forward far public hearing. The Planning Commission recommended approval of the proposed revisions and staff is seeking Board action. 5upervi.sor Fisher asked if the Floodplain Administrator was a new position. Senior Planner Perkins responded no those responsibilities belong to the Zoning Administrator. Supervisor Collins stated it was his understanding the draft ordinance was given to the County by the State and we were told this is what we need to pass. Senior Planner Perkins responded correct, but noted the ordinance was modified to fit Frederick County. Chairman Shickle convened the public hearing There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the ordinance amending the Frederick County Code, Chapter 165 Zoning, Part 702 FP Floodplain Districts, Article VII Overlay Districts, Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, §165- 101.02 Definitions &Word Usage. WHEREAS, the Frederick County Department of Planning and Development was directed by the Virginia Department of Conservation and Recreation (DCR) to prepare changes to Chapter 165 Zoning pertaining to the Floodplain Districts, to meet the minimum regulatory standards required in a fully compliant floodplain ordinance. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed amendment on Apri12, 201d; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 3�� proposed amendment on Apri123, 201; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general rn�elfare, and good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that CHAPTER 165 ZONING, PART 742 FP FLOODPLAIN DISTRICTS, ARTICLE VII — OVERLAY DISTRICTS; ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS; PART 141 GENERAL PROVISIONS § 165 - 101.02 DEFINITIONS &WORD USAGE be amended to meet the minimum regulatory standards required in a fully compliant floodplain ordinance. ARTICLE VII OVERLAY DISTRICTS Part 702 - FP Floodplain Districts § 165- 702.Oi.�Statutary Authorization and Purpose. This ordinance is adopted pursuant to the authority granted to localities by Va, Code §15.2 -2280. The purpose of these provisions are to prevent the -loss of life and property, the creation ofi health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding; C. Requiring all those uses, activities, and developments that do occur in flood -prone districts to be protected and /orflood- proofed against flooding and flood damage; and, D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. § 165 - 702.02. Applicability. These provisions shall apply to all ' ^ ^�'� •••� + ":., + "^ ; ;�.�; ^ +; ^., „f �.- ^�, ^..: ^'- r•,,,.n *•, ^.,,a ;�, ^., +:F; ^,� ^ "o;hn ;r + "., inn . ^.. fi,,,,,�.,i -,;,, ",. + "„ �„a�� ^i �,,.- .,, - ^n,-„ �a..,;.,;.- +r ^ +;,,n Privately and publicly owned lands within the " urisdiction o Frederick Count and identi led as areas a s eciai land hazard according to the f ►ood insurance rate map (FI>ZM) that is provided to Frederick County by FEMA. § 165 - 702.03. Compliance and Liability. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable regulations which apply to uses within the jurisdiction of this chapter. B. The degree of flood protection sought by the provisions of this chapter is considered reasonable far regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man -made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the flaodplain district, or that land uses permitted within such district, will be free from flooding or hood damages. C. Records of actions associated with administering this chapter shall be kept on file and maintained by the Frederick County caning Administrator. D. This chapter shall not create liability on the part of Frederick County or any officer or employee Minute Book Number 39 Board of Supervisors Regular Meeting of Q4123114 32s thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. § 165 - 702.04. Abrogation and Greater Restrictions. This chapter supersedes any ordinance currently in effect in flood -prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter. § 165- 702.05. Se�erability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this chapter. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this chapter are hereby declared to be severable. 1b5- 702.Ob. Administration. A. Desi nation o the Flood lain Administrator. The Zonin Administrator is hereb a ointed to administer and implement these regulations „and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: 1 Do the work themselves. !n the absence o a desi Hated Flood lain Administrator the duties are conducted by the Frederick County Planning, Director. j2� Delegate duties and responsibilities set forth„ in these regulations to qualified technical ersonnel lan examiners ins ectors and other em !o ees. j�_ Fnter into a written agreement or written contract with another locality or private sector entity to administer specific provisions of these regulations. Administration of any part of these re ulations b another entit shall not relieve the Count o its res onsibilities pursuant to the participation requirements of the National Flood Insurance Program as set orth in the Cade o Federal Re ulations at 44 C.F.R. Section 59.11. e. Duties and Res onsibilities o the Flood Lain Administrator. The duties and res ansibilities o the Floodplain Administrator shall include but are not limited to: (1) Review apply' "cations for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA1. 2 Inter yet food lain boundaries and rovide available base lood elevation and food hazard information. 3 Review a lications to determine whether ro osed activities will be reasonab! sae rom flooding and require new construction „and substantial improvements to meet the reQuirements of these regulations. 4 Review a lications to determine whether all necessar ermits have been obtained rom the Federal State or local a encies rom which rior or concurrent a royal is re wired• in particular, permits from state agencies for, an,y construction, reconstruction, repair, or alteration o a dam reservoir or waterwa obstruction includin brid es culverts structures an alteration o a watercourse or an than e o the course current or cross section of a stream or bads of water, including, anv.chanue to the 100 -year frequency Floodplain of free flowing Han -tidal waters of the State. (5) Verify that applicants proposing an alteration of a watercourse ,have , noti fed adjacent communities the De artment o Conservation and Recreation Division a Dam Sa et and Floodplain Management), and other appropriate agencies ,(VADEQ,,_. US Army Corps of Engineers) and have submitted copies of such notifications to FFMA. (6) Advise opplicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal Iood insurance is not available on such structures• areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Minute Book Number 39 Board of Supervisors Regular Meeting of ©4/23114 3 2 �' Resource S stem Areas CBRS or Otherwise Protected Areas OPA . 7 A rove a Nations and issue ermits to develo in Iood hazard areas i the rovisions o these re ulations have been met, or disapprove applications if the provisions. of these regulations have not been met. l8} Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations ar to determine ifnon- compliance has occurred or violations have been committed. (4} Review Elevation Certificates and require incomplete or deficient certificates to be corrected. (101 Submit to FEMA, or require applicants to submit to FFMA, data and information necessary to maintain F1RMs, including hydrologic and hydraulic engineering analyses prepared by or for Frederick County, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations. (11) Maintain and permanently keep records that are necessary�or the administration of these regulations, including: a Flood Insurance Studies Flood Insurance Rate Ma s includin historic studies and ma sand current a ective studies and ma s and Letters o Ma Chan e' and (b} Documentation supporting issuance and denial of permits,,,,, Elevation Certificates, documentation of the elevation (in relation to the datum on the FIRM} to which structures have ,been Iood coo ed other re wired desi n certi ications variances and records of enforcement actions taken to correct violations of these regulations. 12 En orce the rovisians o these re ulations investi ate violations issue notices o violations or stop work orders, and require permit holders to take corrective action. (13} Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each a licatian or a variance re are a sta re art and recommendation. (14 }Administer the requirements related to proposed work on existing buildings: a Make determinations as to whether buildin s and structures that are located in special flood hazard areas and that are,_damaaed by any cause have been substantially, damaged. (b} Make reasonable a arts to notify owners of substantially damaged structures of the need to obtain a ermit to re air rehabilitate or reconstruct and rohibit the non- com liant re air o substantial! dama ed buildin s exce t or tem orar emer enc rp otective measures necessary to secure a property or stabilize a buildinc_r or structure to prevent additional damage. IS Undertake as determined a ro riate b the Flaad lain Administrator due to the circumstances, other actions which,,may include but are not limited to: issuing press releases ublic service announcements and other ublic in ormatian materials related to ermit re nests and re air o dama ed structures• coordinatin with other Federal State and local a encies to assist with substantial dama a determinations• rovidin owners o dama ed structures in ormatian related to the ro er re air o dama ed structures in s ecial Iood hazard areas• and assistin ro ert owners with documentation necessa to ile claims or increased Cast o Com Hance covera a under NFIP flood insurance policies. 16 Noti the Federal Fmer enc Mana ement A enc when the boundaries o Frederick County have been modified and: a Provide a ma that clear! delineates the new car orate boundaries or the new area or which the authorit to re' ulate ursuant to these re ulations has either been assumed or relinquished through annexation; and b 1 the F1RM or an annexed area includes s ecial Iood hazard areas that have Iood zones that have re ulato re uirements that are not set arth in these re ulations re are amendments to these re ulations to ado t the F1RM and a ro riate re uirements and submit the amendments to the overnin bad or ado tion• such ado tion shall take lace at the same time as or rior to the date o annexation and a co o the amended re ulations shall be rovided to De artment o Conservation and Minute Booty Number 39 Board of Supervisors Regular Meeting of 04/23/14 32� Recreation Division o Dam Sa et and Flood lain Mana ement and FEMA. (17 Upon the re nest of FFMA, complete and submit a re art concernin artic! anon in the NF1P which ma re uest in ormation re ardin the number o buildln s in the SFHA number o ermlts Issued or develo meat in the SFHA and number o variances issued for development !n the SFHA. (18) !t is the duty of the Flaodplain Administrator to take into account }'load mudslide and load- related erosion hazards to the extent that the are known in all o icia! actions relatin to land mana ement and use throe bout the entire 'urlsdlctlonal area o the County, whether or Hat those hazards have been specifically delineated geographic I!y (e. q. v!a mapping or sur+re in C. Use and Interpretation of FlRMs The Flood lain Administrator shall make Interpretations, where needed,. as to the exact location o special flood hazard areas, floodplaln boundaries, and flvodway boundaries. 'The following shall apply to the use and interpretation of F1RMs and data: (1) Where field surveyed topoaraphy indicates that adjacent around elevations: a Are below the base Iood elevation even in areas not delineated as a s ecia! Iood hazard area on the FIRM, the area shat! be considered as specla! flood hazard area and subject to the requirements of these regulations; b Are above the base load elevation the area shall be re elated ass ecial Iood hazard area ! so indicated on the FIRM unless the a licant obtains a Letter o Ma Chan e that removes the area from the SFHA.. 2 In FEMA- ident! ied s eclat load hazard areas where base load elevation and loodwa data have not been ldenti ied and in areas where FFMA has not identi ied SFHAs an other Iood hazard data available ram a Federal State or other source shall be reviewed and reasonably_used. 3 Base load elevations and desi Hated loodwa boundaries an F1RMs and in Flvod Insurance Studies shall take recedence over base Iood elevations and loodwa boundaries b an other sources ! such sources show reduced loodwa widths and or lower base flood elevations. 4 Other sources o data shall be reasonabl used i such sources show increased base Iood elevations and or jar er loodwa areas than are shown on F1RMs and !n Flood Insurance Studies. 5 1 a Prelimina Flood Insurance Rate Ma and or a Arellminar Flood Insurance Stud has been provided by FEMA_ a U on the Issuance o a Letter a Final Determination b FFMA the reliminar Iood hazard data shall be used and steal! re lace the load hazard data reviausl ravlded from FFMA for the purposes of administerin these re ulations. b Prior to the Issuance o a Letter o Flna! Determinatlon b FFMA the use o relimina load hazard data shall be deemed the best available data ursuant to 165 - 702.06 and used where no base Iood elevations and or loodwa areas are rovided on the a ertive FIRM. 3 Arior to Issuance o a fetter o Final Determination b FEMA the use o rellmina Iood hazard data is ermined where the relimina base load elevations or loodwa areas exceed the base Iood elevatlons and or des! Hated loodwa widths !n existina flood hazard data rovided b FFMA. Such relimina data ma be subiect to change and /or appeal to FEMA. 165- 702.07. Jurisdictional Boundar Chan es. In accordance with the Code of Federal Reaulatlons, T!t!e 44, Part 59 Sub art B Section 59.22 (a} (� v all NFIP artici atlas communities must not! the Federal Insurance Administration Emer enc Mana ement A enc and o Ilona!! the State Coordinating Office Vlydinia Department _� Conservation and Recreation - Division o Dam Sa et and Flood lain Mana ement in wrltln whenever the boundaries o the Count have been modl ied b annexation ar the Count has otherwise assumed or no !on er has authorit to ado t and en orce Iood Iain mana ement re ulations or a articular area. Minute Book iYumber 39 Board of Supervisors Regalar Meeting of 04/23/14 329 In order that a!! Flood insurance Rate Ma s accurate! re resent the Count s boundaries a co o a map of the County suitable for reproduction, clearly delineatioa the new corporate limits or new area or which the Count has assumed or relin wished Iood Lain mans ement re ulator authorit must be included with the notification. § 165 - 702.08. Submitting Technical Data. The County's base flood elevations may increase or decrease resulting from physical changes affertinq flooding conditions. As soon as practicable, but not later than six months a er the date such in ormation becomes available the Count sha!! noti the Federal E'mer enc Mana ement A enc of the changes by submitting technical or scientific data. Such a submission is necessary so that_u�on ran irmation o those h sical than es a ectin loodin conditions risk remium rates and food lain mona ement re uirements will be based u on current data. § 165- 702.9�i09. Description of Special Flaad Hazard Districts. A. Basis of districts. The various flood hazard fieedpia•in districts steal! include ,r ° °� ��� "� ° °+ +^ ,,.,,��, +; ^^ ".. ,..�, + ^r� ^� + "^ ^ °_ "„ ^�r °,r_ „ °�r f' ^ ^.� the Special Flood Hazard Areas. The basis for the delineation of these districts shall be the Flood insurance Study and the Flood Insurance Rate Maps (FIRM} for Frederick County prepared by the Federal Emergency Management Agency,' ^����, ^ ^^ "�'^^� ^�� +� ^ +� ^ ^� dated September Z, 2009, as amended. The boundaries of the Special Flood Hazard Areas are established as shown an the F1RM_which is declared to be a part of this article and which steal! be kept on file at the Frederick County Department of Plannin and Develo ment. (1} The Floodway District is in an AE Zone delineated for purposes of this article using the criteria that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood ewe- I��red— (�18C�} -yea~ {,— ,�e4u— without increasing the water surface elevation of that flood more than one (Z} foot at any point. The areas included in this District are specifically defined in Table 2 of the above - referenced Flaod Insurance Study and shown on the accompanying Flood Insurance Rate Maps. ,. , .. i The fallowing provisions shall apply within the Floodway District of an AE zone: a. Within any Floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be ermitted unless it has been demonstrated through hvdralogic „and hydraulic anal sis a armed in accordance with standard en ineerin ractice that the proposed encroachment will not, result in any increase in flood levels within the County during the occurrence of the ,base flood discharge. H drolo is and h draulic anal ses steal! be undertaken onl b ro essiona! engineers or others of demonstrated qualifications, who shall certify that the technical methods used correct) re Iect current) -acce ted technical concepts. Studies, analyses, computatiorrsr etc., shall be submitted in su icient detail to allow a thorou h review b the Flood lain Administrator. Development activities which increase the water surface elevation of the base flood may be_allowed, provided that the applicant first applies —with Frederick Count s endorsement — or a Conditional Letter o Ma Revision Minute Book Number 39 Board of Supervisors Regular Meeting of p4123/14 33Q (CLOMRj, and receives the approval of the Federal Emergency Management Agency. if §�65- 702.03 is satisfied, all new construction and substantial im rovements shall cam 1 with all a licable lood hazard reduction revisions o 165 - 702.13 throu h 155- 702.17. b. The placement of manufactured homes (mobile. homes) Is prohibited, except In an existing .manufactured home (mobile home) park or subdivision. A re lacement manu actured home ma be laced on a lot in an existin manu actured home ark or subdivision rovided the anchorin elevation and encroachment standards are met. (2) The AE, or AH Zones on the FIRM accompanying the F!S shall be those areas for which one - percent annual chance flood elevations have been provided and the floodwav has not been delineated. The following provisions „shill apply within an AE or AH zone: Until a regulatory floodwav is designated, no new construction. substantial improvements, or other development (including fill) shall be permitted ,within_ the areas o s ecial load hazard desi Hated as Zones AI -30 and AE or AH on the FIRM unless it is demonstrated that the cumulative, of fec #_of the proposed development when combined with all other existin and antici ated develo ment w11I Hat Increase the water surface elevation of the base flood more than one foot at any point within Frederick County. Development activities in Zones Al -30 and AE or AH, on the Frederick County FIRM which increase the water sur ace elevation o the base food b more than one oat ma be allowed rovided that the a Iicant first a lies —with Frederick Count 's endorsement — for a Conditional Letter of,Map Revision, and receives the approval of the Federal Emergency Management Agency. 3 The A Zane an the FIRM auom an in the FIS shall be those preps or which no detailed flood profiles or elevations are provided, but, the one percent annual chance food lain boundar has been a roximated. For these areas the ollowln provisions shall apply: The Approximated Floodplain District shall be tltat_flaodplain area for which no detailed flood profiles or elevations are provided, but where,.a,.on� hundred (100] - �ear flaodplaln boundary has been approximated. Such areas are, shown as Zone A on the ma s accom an in the F15. For these areas the base load elevations and floodwav Information from federal, state, and,other.acceptable sources shall be used, wh�rr_available. Where the specific one percent annual chance flood elevation cannot be determined or this area usin other sources o data such as the U. 5. Arm Cor s of Engineers Floodplain Information Reports, U. 5. Geological Survey Flood -Prone uadrangles, _etc., then the applicant for the proposed use, development and /or activit shall determine this base Iood elevation. Far develo meat ro osed in the approximate floodplaln the applicant must.,,usP technical methods that correctly reflect currently accepted non - detailed technical concepts, such,as paint on boundary, high water marks, or detailed methodologies hydrologic and hydraulic,_analyses. Studies anal ses cam utatians etc. shall be submitted in su Icient detail to allow a thorough review by the Floodplain Administrator. The Flood lain Administrator reserves the r! ht to re afire a h droly is and h draulic analysis for any development. When such base flood elevation data is utilized, the lowest loot shall be_elevated to or above the base flood level � �� .� �����. -���- �___ __ _ no lower than one (1J foot above the base flood elevation. burin the ermittin racess the Flood lain Administrator shall obtain: 1) The elevation of the lowest floor (including the basementl of all new and substantially improved structures; and, 2J if the structure has been flood- proofed in accordance with, the, requirements of this Minute Sook Number 39 Board of Supervisors Regular Meeting of 44/23/14 331 article, the elevation (in relation to mean sea level) to which the structure has been flood- proofed. Base lood elevation data shall be obtained rom other sources or develo ed usin detailed methodolo ies tom arable to those contained in a F15 or subdivision ro osals and other ro osed develo meet ro osals includin manu actured home parks and subdivisions] that exceed fifty lots or five acres, whichever is the Lesser. 4 The AO Zone on the FIRM accom an in the FIS shall be those areas o shallow loodin identi red as AO on the FIRM. For these areas the ollowin revisions shall' apply:. a. All new construction and substantial im rovements a residential structures shall have the lowest floor, including basement elevated to or above the flood depth s eci led on the FIRM above the hi hest od "acent rode at (east as hi has the de th numbers eci red in eet on the FIRM. 1 no food de th number is s eci ied the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade. b. All new construction and substantial im rovements o non - residential structures shall: 1 j Have the. lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as hi h as the de th numbers eci ied in eet on the FIRM. ! no loud de th number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or, ZJ To ether with attendant utilit and sanitar acilities be com Ietel lood- rao ed to the s eci ied lood level so that an s ace below that level is watertight with walls substantially impermeable to the passage of water and with structural com onents Navin the ca abilit o resistin h drostatic and h drod namic loads and a ects o buo anc . c. Adequate drainage paths around structures on slopes shat! be provided to guide floodwaters around and away from proposed structures. 13. Overlay concept. (1) The Floodplain Districts described above shall be overlays to the existing underlying districts as shown an the Official Zoning Ordinance Maps, and as such, the provisions for the fioodplain districts shall serve as a supplement to the underlying district provisions. (2) Where there happens to be any conflict between the provisions or requirements of any of the Floodplain Districts and those of any underlying district, those pertaining to the floodplain districts shall apply. (3) In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. § 165- 702.A� 10. Flood Insurance Rate Map. The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the Flood insurance Rate Map, which are by reference made a part of this chapter and which shall be kept on file at the Frederick County offices. § 165- 702.9>�11. District boundary changes. The delineation of any of the floodplain districts may be revised by Frederick County where natural or man -made changes have occurred and /or more detailed studies conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 �� § 165 - 702.8 -12. Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the []istricts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the bistrict boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires. § 165- 702.�� --13. Permit and Application Requirements. A. Permit Requirement. All development and /or construction activities occurring within any fioodplain district shall be undertaken only upon the issuance of a permit. Such development and /or construction activities shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and regulations, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC), the Frederick County Zoning and Subdivision Ordinances and the Erosion and Sediment Control Ordinance. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, development and /or construction activities adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. 1. In circumstances where a permit is not required, all development and /or construction activities occurring within any fioodplain district shall be undertaken only upon approval by the Zoning Administrator. C. B. Site Plans and Permit Applications. All applications for development within any fioodplain district and all building permits issued for the fioodplain shall incorporate the following information: 1. The elevation of the Base Flood at the site. 2. The elevation of the lowest floor =including basement). 3. Far structures to be flood - proofed anon- residential only), the elevation to which the structure will be flood- proofed. 4. The elevation of the one - hundred -year flood. 5. Topographic information showing existing and proposed ground elevations. § 165 - 70214. General Standards � ^" ^" ` ^ ^ ^��' �' ^ ^�' " ° " "''1 -a " ^ "" The following provisions shall apply to al! permits: A. New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. B. Manufactured homes shall be anchored to present flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -tap or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. C. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Minute Book Number 39 Board of Supervisors Regular Meeting of 04123/]4 .- ,� ._ _ C. B. Site Plans and Permit Applications. All applications for development within any fioodplain district and all building permits issued for the fioodplain shall incorporate the following information: 1. The elevation of the Base Flood at the site. 2. The elevation of the lowest floor =including basement). 3. Far structures to be flood - proofed anon- residential only), the elevation to which the structure will be flood- proofed. 4. The elevation of the one - hundred -year flood. 5. Topographic information showing existing and proposed ground elevations. § 165 - 70214. General Standards � ^" ^" ` ^ ^ ^��' �' ^ ^�' " ° " "''1 -a " ^ "" The following provisions shall apply to al! permits: A. New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. B. Manufactured homes shall be anchored to present flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -tap or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. C. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Minute Book Number 39 Board of Supervisors Regular Meeting of 04123/]4 333 D. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. E. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. H. On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. !n addition to provisions A — H above, in a!! special flood hazard areas, the additional provisions shall apply: J. !. Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter, shall be undertaken only if said non - conformity is not furthered, extended, or replaced subject to the substantial improvement provision in 165 - 702.�9C. K. 1. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U. 5. Corps of Engineers, the Virginia Repartment of Environmental Quality, and the Virginia Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Ram "Safety and Floodplain Managements and the Federal ' ^�,.r ° ^ ^° ",�°,; ^�� +� ° *� ^� Emergency Management Agency. L. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. § 165 - 702.15. Spec+iKis Elevation and Construction Standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated b� a certified professional according to §165 -702�A OS, the following previsions shall apply: A. Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no Power than one (1J foot above the base flood elevation. B. Non - Residential Construction New construction or substantial improvement of any commercial, industrial, or non - residential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the base flood elevation. Buildings located in all A, and AE zones may be flood- proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. C. " ^••� + ^�' °• � "�" ^ ^� S ace Below the Lowest Floor Minute Book Number 39 Board of Supervisors ReguIxr Meeting of 04/23/14 srtr�- cTra'�ccT J. !. Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter, shall be undertaken only if said non - conformity is not furthered, extended, or replaced subject to the substantial improvement provision in 165 - 702.�9C. K. 1. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U. 5. Corps of Engineers, the Virginia Repartment of Environmental Quality, and the Virginia Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Ram "Safety and Floodplain Managements and the Federal ' ^�,.r ° ^ ^° ",�°,; ^�� +� ° *� ^� Emergency Management Agency. L. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. § 165 - 702.15. Spec+iKis Elevation and Construction Standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated b� a certified professional according to §165 -702�A OS, the following previsions shall apply: A. Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no Power than one (1J foot above the base flood elevation. B. Non - Residential Construction New construction or substantial improvement of any commercial, industrial, or non - residential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the base flood elevation. Buildings located in all A, and AE zones may be flood- proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. C. " ^••� + ^�' °• � "�" ^ ^� S ace Below the Lowest Floor Minute Book Number 39 Board of Supervisors ReguIxr Meeting of 04/23/14 334 In zones A AE AH AO and Al -A30 u11 enclosed areas o new construction or substantiall im roved structures which are below the re ulato food rotection elevation shall: 1. Not be designed or used for human habitation, but shall only be used far parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shat{ be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door], or entry to the living area {stairway or elevator }. 2. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; 3. Include, ' , measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding. b. The total net area of all openings must be at least one {1} square inch for each square foot of enclosed area subject to flooding. c. If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one {1} foot above the adjacent grade. e. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. f. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wand underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. D, Standards for Manufactured Homes and Recreational Vehicles 1. All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for. new construction, including the elevation and anchoring requirements in § 165- 7i]2.14A through B, and § 165- 702.15A. z. All manufactured homes placed ar substantially improved in an existing manufactured home park or subdivision in which a manufactured home has not incurred substantial damage a� the result of a flood shall elevated so that either a. The lowest floor of the manufactured home is elevated no lower than one {1} foo{ above the base flood elevation; or b. The manufactured Name chassis is supported by reinforced piers or other foundatior elements of at least equivalent strength that are no less than 36 inches in height above grade c. And be securely anchored to the adequately anchored foundation system to resin flotation, collapse and lateral movement. 3. All recreational vehicles placed on sites must either: Minute Book Dumber 39 Board of Supervisors Regular Meeting of 04/23/14 335 a. be on the site for fewer than 180 consecutive days; b. lie fully licensed and ready far highway use l;a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or, c. Meet all the requirements for manufactured homes in § 165 - 702.12. ,� , lo.,al� rJ� �rinrr .,�. -� �rra.,. -o .,f tha h��a fl�,�,� -L a ■ , i i i � i l I 1 �� t17'd'1m.�'' � i a . t i . ■ A a r CT.�aT.T.l: ■ , i i i � r CT.�aT.T.l: ■ i i � � i Minute Book Nnmber 39 Board of Supervisors Regular Meeting of 0�41Z3114 i i � � l I 1 t17'd'1m.�'' Minute Book Nnmber 39 Board of Supervisors Regular Meeting of 0�41Z3114 i l I 1 Minute Book Nnmber 39 Board of Supervisors Regular Meeting of 0�41Z3114 336 § 165 - 702.16. Standards for Subdivision proposals. A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. D. !n A Zones Base lood elevation data shall be obtained rom other sources or develo ed usin detailed methodolo ies h drau!!c and h drolo is anal sis com arable to those contained !n a Flood Insurance Stud or subdivision re owls and other ro osed develo meet ro owls includln manu actured home arks and subdivisions that exceed i lats or !ve acres whichever is the lesser. § 165 - 702.17. Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems} are prohibited in the Special Flood Hazard Areas and Floodplain Districts. B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems] sha11 be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eiiminate flood damage and impairment. C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the systems and be located and constructed to minimize or eiiminate flood damages. D. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from building and on- site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 �. .. .. § 165 - 702.16. Standards for Subdivision proposals. A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. D. !n A Zones Base lood elevation data shall be obtained rom other sources or develo ed usin detailed methodolo ies h drau!!c and h drolo is anal sis com arable to those contained !n a Flood Insurance Stud or subdivision re owls and other ro osed develo meet ro owls includln manu actured home arks and subdivisions that exceed i lats or !ve acres whichever is the lesser. § 165 - 702.17. Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems} are prohibited in the Special Flood Hazard Areas and Floodplain Districts. B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems] sha11 be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eiiminate flood damage and impairment. C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the systems and be located and constructed to minimize or eiiminate flood damages. D. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from building and on- site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 337 E. All utilities, such as gaslines, electrical and telephone systems, being placed in flood -prone areas should be elevated (where possible) and constructed to minimize the change of impairment during a flooding occurrence. § 165- 702.18. i"actars to be considered in granting variances, A. Variances shall be issued only upon fil a showing of Good and sufficient_cause, fiiJ after the Board of Zoning Appeals has determined that failure to grant the uariance would result in exceptional hardship to the applicant, and (iiil after the Board of Zonin�Appeals has determined that the granting of such variance will not result in ra) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary. public ex ease• and will not d create nuisances a cause rand or victimization o the ublic or conflict with local Laws or ordinances. B.. While the arantino of variances generally is limited to a lot size less than one -half acre deviations rom that limitation ma occur. However as the lot size increases be and one -hal acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected an a lot o one -hal acre or less in size coati uous to and surrounded b lots with existing structures constructed below the base flood level, in conformance with the provisions of this section. C. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria o this section are met and the structure or other develo meat is ratected b methods that minimize flood damages during the base flood and create no additional threats to public safety. T D. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the fallowing additional factors: (1) The danger to life and property due to ' rncreased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the one- hundred- year flood elevation. {2} The danger that materials may be swept on to other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability�of these systems to prevent disease, cantamination.and unsanitary conditions. {4} The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. {5) The importance of the services provided by the proposed facility to the County. {6) The requirements of the facility far a waterfront location. {7) The availability of alternative locations not subject to flooding far the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9} The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. (10) The safety of access by ordinary and emergency vehicles to the property in time of flood. (11} The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. {12) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. {13) Such other factors which are relevant to the purposes of this article. E. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to the County Engineer for technica[ assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. F. Variances shall be issued only after the Board of Zoning Appeals has determined that the Minute Book Number 39 Board of Supervisors Regular Meeting of 64/23/14 33$ granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety or extraordinary public expense; and will not create nuisances, cause fraud or victimisation of the public or conflict with local laws or ordinances. G. Variances shalt be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief. H. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one - hundred -year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. § 165 - 702.19. Existing Structures in Flaodplain Areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation. i3. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and /or use located in any flood plain areas to an extent or amount of less than fifty (50j percent of its market value shall conform to the VA USBC. C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and /or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent ar more of its market value shall be undertaken only in full compliance with this chapter and shall require the entire structure to conform to the VA USBC. § 165 - 702.20. Penalties for Violations. A. Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or any authorized employee of Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in §165 - 101.08 of this Chapter. The VA USgC addresses building code violations and the associated penalties in Section 1R4 and Section 115. B. In addition to the above penalties, all other actions are hereby reserved, including an action in equity far the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance ar permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Frederick County to be a public nuisance and abated as such. Flood insurance may be withheld from structures constructed in violation of this article. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 — General Provisions §165 - 141,02. Definitions and word usage. $ASE FLOOD -The flood having a one percent chance of being equaled or exceeded in any given year. BASEFLOOD ELEVATION (BFE) --r "^ � ^..� ^ " ^� r.,...,..,.,.,..., nn.,.,...,,,,�,,,,,+ nrt.,.,,- ...a,,.- �,,.,- , +.,.� �,.,., h.�r.aro,a_ . The water surface elevations of the base flood, that is, the flood level Minute Book Number 39 Board of Sapervisars Regular Meeting of x4123/14 that has a one ercent or neater chance a occurrence in an iven ear. The water Sur ace elevation o the base load in relation to the datums eci led on the Count 's Flood Insurance Rate Ma .For the purposes of this ordinance, the base flood is the 1% annual chance load. BASEMENT -Any area of the building having its floor sub -grade (below ground level] on all sides. BOARD OF ZONING APPEALS - A Board whose members are appointed by the Circuit Court for the express purpose of considering and acting on variances and zoning appeals. DEVELOPMENT -Any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - Anon- basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers]. ENCROACHMENT -With respect to a floodplain an encroachment shall be the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flaw capacity of a floodplain. EXISTING CONSTRUCTION - structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975 far FIRMS effective before that date. "Existing construction" ma also be re erred to as "existin structures." EXISTING MANUFACTURED HOME PARK ORSUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed including, at a minimum, the installation of utilities, the construction of streets, and either foal site grading or the pouring of concrete pads] is completed before the effective date of the floodplain management regulations adopted by the Co, unt�r. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING 1. A general or temporary condition of partial or complete inundation of normally dry land areas from: a. the overflow of inland or tidal waters; or, b. the unusual and rapid accumulation or runoff of surface waters from any source. c. mud lows which. .are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on „the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated farce of nature such as flash flood ar an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this definition. 3. FLOOD INSURANCE RATE MAP FIRM) — An official map of the County on which the floodplain Administrator has delineated both the special hazard areas and the risk premium zones applicable to the County. FLOOD INSURANCE STUDY (FIS) — An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflowand /orflood- related erosion hazards. Mruute Book Number 39 Board of Supervisors Regular Meeiing of 04/23/14 34� FLOODPLAIN OR FLOOD -PRONE AREA -Any land area susceptible to being inundated by water from any source. FLOODPROOFING —Any combination of structural and non_ structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FREEBOARD - A factor of safety usually expressed in feet above a flood level for purposes of fioodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and flaadway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface .prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE -Any structure that is: 1. listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements far individual listing on the National Register; 2. certified or preliminarily determined by the Secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the interior; or, 4. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. by an approved state program as determined by the Secretary of the Interior; or, b. directly by the Secretary of the Interior in states without approved programs. Hydrolo�ic and Hydraulic En ineerin Analysis — Analyses performed by a Incensed professional engineer, in accordance with standard engineering practices that are accepted 6y the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles. LETTERS OF MAP CHANGE (LONG) - A Letter of Map Chanae is an officio! FFMA determination, by letter that amends ar revises an a ective Flood Insurance Rate Ma or Flood Insurance Stud .Letters of Map Change include_ • LETTER OF MAA AMENDMENT LOMA : An amendment based on technical data showin that a ro eri was incorrect! included in a desi Hated s ecia! load hazard area. A LOMA amends the current a ective Flood Insurance Kate Ma and establishes that a Land as de lned b meets and bounds or structure is not located in a s ecia! load hazard area. LETTER OF MAP REVISION LOMB : A revision based on technical data that ma show than es to load zones load elevations load lain and loodwa delineations and Ianimetric features. A Letter of Map Revision Based on FII! (LOMB -F), is a determination that a structure or parcel of land has been elevated b ill above the base load elevation and is, there are no Ion er ex ased to loadin associated with the base load. !n arder to uali or this determination, the fill must have been permitted and placed in accordance with the Count�►'s loud lain mans ement re ulations. • CONDITIONAL LETTER OF MAP REVISION (CLOMR]: A formal review and comment as to whether a ro ased land rotection ro'ect or other ro'ect nom Iles with the minimum NFIP requirements for such proiects with respect to delineation a s ecia) load hazard areas, A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study. LOWEST FLOOR -The lowest floor of the lowest enclosed area (including basement). An unfinished or Minute Book Number 39 Beard of Supervisors Regular Meeting of 04/23/14 3 4 �. flood - resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of Federal Code 44CFR §60.3. MOBILE OR MANUFACTURED HOME -- A structure, transportable in one or mare sections, which in travel made is eight body feet or more in width or 40 body feet ar more in length, or when erected an site, is 320 or more square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels} of land or a subdivision divided into two or mare manufactured home lots for rent or sale. NEW CONSTRUCTION -Far the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For flnodplain management purposes, new construction means structures for which start of construction commenced an ar after the effective date of a floodplain management regulation adopted by the County and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR�SUBDIV1510N - A manufactured home park or subdivision for which the constructive of facilities for servicing the lots an which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either flea! site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the County. RECREATIONAL VEWICLE - A vehicle which is: Built.on a single chassis; Four hundred square feet or less when measured at the largest horizontal projection; Designed to be self - propelled or permanently towable by a light -duty truck; and Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use. Repetitive Lnss.,Structure — A building covered by a contract for flood insurance that has incurred flood - related damages on two occasions during a 10 -year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each flood event. Shallow flaodin� area — A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. SPECIAL FLOOD HAZARD AREA -The land in the floodplain subject to a one (1 %} percent or greater chance of being flooded in any given year as determined in § 155 - 702.10. START OF CONSTRUCTION -The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab ar footings, the installatinn of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation an the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE —For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance rating purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration ar repair, but does not include building materials or supplies intended For use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 342 on the premises. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction ofi the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either ,,,�,6....��..����,.�...,� w�.r w,�..,w... ...... ...........,........�...�..,, 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. 3. Historic structures underaoing repair or rehabilitation that ,would constitute a substantial improvement as defrned above, must comply with all ordinance requirements that do oat preclude the structure's continued desi nation as a historic structure. Documentation that a s eci is ordinance re uirement will cause removal o the structure rom the National lie ister o Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation O rcer. An exem tiara rom ordinance re uirements will be the minimum necessa to reserve the historic character and desi n o the structure. VIOLATION -Far floodplain management purposes, violation includes the failure of a structure or other development to be fully compliant with the County's flood plain management regulations. A structure ar other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. WATERCOURSE - A lake, river, creek, stream, wash, channel or other topographic feature on or aver which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Passed this 23`d day of April, 2014 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye OTHER PLANNING ITEMS DISCUSSION OF MASTER DEVELOPMENT PLAN RE UIREMENTS BUSINESS FRIENDLY RECOMMENDATIONS RESOLUTION #049 -14 SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the Master Development Plan requirements were a discussion topic of the Board's Business Friendly Committee initiative. The Business Friendly Committee recommended Minute Baok Dumber 39 Board of Supervisors Regular Meeting of 04123!14 �.� elimination of the master development plan requirement contained in the zoning ordinance. The Development Review and Regulations Committee reviewed this suggestion and the master development plan requirements and disagreed with their elimination. The Committee felt this was an important process for both the applicant and the public. The Committee ultimately recommended the master development plan ordinance be modif ed to allow for a waiver of the master development plan requirement if an applicant chooses to process a detailed site plan in lieu of a master development plan. The Planning Commission discussed this item at Their April 2, 2014 meeting and agreed with the proposed ordinance amendment. She concluded by saying staff was seeking Board direction regarding this proposal. Vice - Chairman DeHaven stated the beneft of the master development plan was to further opportunities to let the public know what was going on and it helped to firm up when something would happen.. He concluded by saying he did not have an issue with the proposed waiver. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman DeHaven, the Board sent the proposed amendment forward for public hearing. WHEREAS, the Board of Supervisors formed the Frederick County Business Climate Assessment Committee to evaluate the current processes and procedures being utilized by the County. The Committee's final report was adopted by the Board of Supervisors in July 2013. One recommendation contained in the report was to eliminate the Master Development Plan (MDP) requirement contained in the Zoning Ordinance. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed. the MDP requirements at their October 2013 and January 2014 meetings and disagreed that the MDP should be eliminated. The DRRC did recommend that the MDP ordinance be modified to allow for a MDP waiver if an applicant chooses to process a detailed site plan in lieu of a MDP and forwarded that recommendation to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on Apri12, 2014 and agreed with the inclusion of the additional MDP waiver opportunity; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on Apri123, 2014; 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 include a MDP waiver option that allows an applicant to process a detailed site plan in lieu of a MDP. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding an amendment to Chapter 165 to provide the applicant with the option to decide if they want to request a waiver of the MDP or not. Passed this 23`d day of April, 2014 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14 344 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye BOARD LIAISON REPORTS Supervisor Lofton thanked the- Board for adding to the agenda and approving the resolution regarding the centennial of the Smith -Lever Act. He stated the Extension Service not only helps the farming community, but provides a number of services for others in the community. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher advised there had been another change in March to state's stormwater program. He noted the ordinance was being revised to accommodate this change. He went on to say the Board should see this item at its May 28, 2014 meeting, He stated a number of localities were choosing not to enforce the program themselves, but rather pay the Department of Environmental Quality to do the enforcement. Supervisor Wells stated Frederick County was blessed to have the staff we have and we were way ahead of other counties in the area because of staffs' commitment to this program. He concluded by saying he would rather the county enforce the program versus the Department of Environmental Quality. Vice - Chairman DeHaven stated he did not think anyone was in a better position to serve the citizens than the locality. Chairman Shickle advised that he forgot to note a correction to the minutes during the Board's consideration of the April 9, 2014 meeting minutes. He advised that he had voted nay on the pump and haul permit request, but the minutes reflected an aye vote. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board reconsidered the April 4, 2014 meeting minutes. The above motion was approved by the following recorded vote: Richard C. Shickie Charles S. DeHaven, Jr. _Aye Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 04123/]4 34� Chairman Shickle noted he had a correction to the minutes regarding the vote on the pump and haul permit. His vote should have been recorded as nay. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the minutes as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. 'Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells - Aye I� 1�IIIli1.�►1 - ---� -, UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED, (8:20 P.M.) b �--� Richard C. Shickle ����in R. iley, Jr. Chairman, Board of Supervisors 1(;lerk, Board of Supervisors Minutes Prepared By: �(,u,� �. `�,�, Jay . T' bs Deputy Clerk, Board of Supervisors Minute Book Number 39 Board of Supervisors Regular Meeting of 04/23/14