HomeMy WebLinkAboutAugust_12_2015_Agenda_PacketAGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, AUGUST 12,2015
7:00P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
6:00 P.M. –Closed Session:
Therewill be aClosed Session Pursuant to Section 2.2-3711 A (7) of the
Code of Virginia, 1950,as Amended, for Consultation with Legal Counsel and
Briefing by Legal Counsel, Pertaining toaLegal Claim Against the County,
LAKE HOLIDAY COUNTRY CLUB,INC.V.FREDERICK COUNTY BOARD OF
SUPERVISORS,ET AL., Currently Pending inthe Frederick County Circuit
Court,andaLegal Claim Against the County,LEUENBERGER V.SPICER,ET
AL., Currently Pending inthe United States District Court for theWestern District
ofVirginia, Where Such Consultation or Briefing inan Open Meeting Would
Adversely Affect the Negotiating or Litigating Posture ofthe Board,andthe
Matter Requires the Provision of Legal Advice by Such Counsel; and Pursuant to
Section 2.2-3711 A (1) of the Code of Virginia, 1950, as Amended, for Discussion
of a Personnel Matter, Specifically Concerning One or More Provisions of the
County Administrator’s Contract of Employment.
7:00 P.M. –Regular Meeting -Call To Order
Invocation
Pledge of Allegiance
Adoption of Agenda:
Pursuant to established procedures, the Board should adopt the Agenda for
the meeting.
Consent Agenda:
(Tentative Agenda Items for Consent are Tabs: A,F, G, H,I,Jand K)
Citizen Comments(Agenda Items Only, That Are Not Subject to Public Hearing.)
Board of Supervisors Comments
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, AUGUST 12, 2015
PAGE 2
Minutes:(See Attached)A
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1.Closed Session and Joint Work Session with Frederick County School
Board, July 8, 2015.
2.Regular Meeting, July 8, 2015.
County Officials:
1.Employee of the Month Awards (August, September, and October).
(See Attached)B
-------------------------------------------------------------------------------
(See Attached)C
2.Committee Appointments. -------------------------------------------
3.Request from Commissioner of the Revenue for Refunds.
(SeeAttached)D
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4.Request from Parks and Recreation Commission Re: Donation and
(See Attached)E
Naming of Picnic Shelter at Rose Hill Park. --------------------
5.Resolution Authorizing Recreation Trails Program Grant Application for
(See Attached)F
Trail at Rose Hill. -------------------------------------------------------
6.Request from Frederick County Schools to Participate in the Fall 2015
Virginia Public School Authority (VPSA) Bond Sale and to Schedule Public
(See Attached)G
Hearing Date. -----------------------------------------------------------
(See Attached)H
7.Request from GIS Manager for Road Name Change. -------
8.Memorandum and Resolution Re: Water and Sewer Connection Fees for
New Round Hill Fire and Rescue Station and Event Center –Reduction
In Loan Principal for Frederick County Sanitation Authority.
(See Attached)I
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Committee Reports:
(See Attached)J
1.Parks and Recreation Commission. ------------------------------
(See Attached)K
2.Public Works Committee. --------------------------------------------
(See Attached)L
3.Public Safety Committee. --------------------------------------------
(See Attached)M
4.Human Resources Committee. ------------------------------------
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, AUGUST 12, 2015
PAGE 3
(See Attached)N
5.Finance Committee. ---------------------------------------------------
(See Attached)O
6.Transportation Committee. ------------------------------------------
Public Hearing:
th
1.Outdoor Festival Permit Request of Concern Hotline –16Annual Friday
Fish Fry Celebration. Pursuant to the Frederick County Code, Chapter 86,
Festivals; Section 86-3, Permit Required; Application; Issuance or Denial;
Fee, for an Outdoor Festival Permit. Festival to be Held on Friday,
September 4, 2015, from 4:00 P.M. to 9:00 P.M.; on the Grounds of
Grove’sWinchester Harley-Davidson, 140 Independence Drive,
(See Attached)P
Winchester,Virginia. Property Owned by Jobalie, LLC.----
2.Outdoor Festival Permit Request of Rotary Club of Winchester –
Shenandoah Valley Apple Harvest Festival. Pursuant to the Frederick
County Code, Chapter 86, Festivals; Section 86-3, Permit Required;
Application; Issuance or Denial; Fee, for an Outdoor Festival Permit.
Festival to be Held on Saturday, September 19, 2015, from 10:00 A.M. to
5:00 P.M. and Sunday, September 20, 2015, from 10:00 A.M. to 5:00 P.M.;
on the Grounds of the Frederick County Fairgrounds, 167 Fairgrounds
Road, (Route 11 North), Clearbrook, Virginia. Property Owned by
(See Attached)Q
FrederickCounty Fair.------------------------------------------------
3.Amendment to the Frederick County Code,Chapter 7, Elections; Article II,
Election Precincts; Section 7-7, Precincts and Respective Polling Places
Enumerated. The Purpose of this Proposed Amendment is to Relocate a
Polling Place in the Back Creek Magisterial District: To Relocate the
Russells Precinct Polling Place from the Round Hill Fire Hall to the
(See Attached)R
Round Hill Fire Event Center.--------------------------------------
Planning Commission Business:
Public Hearing:
1.Ordinance Amendment to the Frederick County Code –Chapter 165
Zoning, Article VIII, Development Plans and Approvals,Part 802 –
Site Plans, §165-802.01 Activities Requiring Site Plans, §165-802.02
Site Plan Applications; Review, §165-802.03 Site Plan, §165-802.04
RequiredImprovements; Article I, General Provisions; Amendments;
and Conditional Use Permits,Part 101 –General Provisions, §165-101.02
Definitions & Word Usage.Revisions to the Zoning Ordinance to Update
(See Attached)S
theSite Plan Requirements.----------------------------------------
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, AUGUST 12, 2015
PAGE 4
2.Ordinance Amendment to the Frederick County Code –Chapter 165
Zoning, Article IV –Agricultural and Residential District,Part 401 –
RA Rural Areas District, §165-401.02 Permitted Uses; Article II –
Supplementary Use Regulations, Parking, Buffers and Regulations for
Specific Uses,Part 204 –Additional Regulations for Specific Uses,
§165-204.22 Farm Wineries; Article I –General Provisions, Amendments,
and Conditional Use Permits,Part 101 –General Provisions §165-101.02
Definitions and Word Usage.Revisions to the Zoning Ordinance to
Include Farm Breweries, Farm Distilleries as Permitted Uses in the RA
(See Attached)T
(Rural Areas)District.-------------------------------------------------
3.Addition to the South Frederick Agricultural and Forestal District –The
Proposed Addition is a 175+/-Acre Tract within One Parcel and is Located
in the Back Creek Magisterial District Along Conestoga Lane.
(See Attached)U
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4.2015-2020 Agricultural and Forestal District Addition of Parcels Less Than
5 Acres –This Public Hearing is to Consider the Addition of 46 Parcels
EachLess than 5 Acres in Size to the Following Districts: Albin, Apple Pie
Ridge,Double Church, Red Bud, South Frederick and South Timber Ridge
Districts. This Could AddUp to an Additional 87 Acres to the Established
11,425.93 Acres within the Agricultural and Forestal District Program for
the Ensuing Five Year Period. Properties that are Incorporated into an
Agricultural and Forestal District are Guaranteed Certain Protection as
(See Attached)V
Specified in Section 15.2-4300 of the Code of Virginia.----
Other Planning Items:
(See Attached)W
1.Update of House Bill 2(HB2). --------------------------------------
Board Liaison Reports(If Any)
Citizen Comments
Board of Supervisors Comments
Adjourn
MEMORANDUM
TO:
Board of Supervisors
FROM:
Harvey E. Strawsnyder, Jr., P.E., Director of Public Works
SUBJECT:
Public Works Committee Report for Meeting of July 28, 2015
DATE:
July 29, 2015
______________________________________________________________________________
The Public Works Committee met on Tuesday, July 28, 2015, at 8:00 a.m. All members
were present except Gary Lofton. The following items were discussed:
***Items Not Requiring Action***
1. Alleyway Adjacent to County Administration Building
The public works director presented a proposed plan to eliminate the ponding and repair the
pavement associated with the alleyway located between the county administration building and the
George Washington parking garage. The plan will include installing a concrete entrance apron and
associated curbing adjacent to Kent Street and overlaying the existing distressed asphalt with three (3)
inches of an intermediate bituminous mix. At the conclusion of the discussion, the committee
unanimously endorsed a request from Mr. Kris Tierney, assistant county administrator, for a carryforward
in the amount of $30,000 to fund the project. This request will be forwarded to the finance committee for
their review and action.
2. Closed Session
The committee convened into a closed session to discuss property acquisition for multiple
Code of Virginia §2.2-3711 Subsection A, (3),
Acquisition and Disposition of Real Estate. After reconvening from closed session, each
committee member certified that only items related to property acquisition were discussed in
closed session. No action resulted from the closed session.
Public Works Committee Report
Page 2
July 29, 2015
3.
Miscellaneous Reports
a)Tonnage Report
(Attachment 1)
b)Animal Shelter Dog Report
(Attachment 2)
c)Animal Shelter Cat Report
(Attachment 3)
Respectfully submitted,
Public Works Committee
Gene E. Fisher, Chairman
David W. Ganse
Gary Lofton
Whit L. Wagner
Robert W. Wells
James Wilson
By ____________________________
Harvey E. Strawsnyder, Jr., P.E.
Public Works Director
HES/rls
Attachments: as stated
cc: file
U:\Rhonda\PWCOMMITTEE\CURYEARCOMREPORTS\7-28-15pwcomrep.doc
ATTACHMENT1
MEMORANDUM
TO:
Public Works Committee
FROM:
Harvey E. Strawsnyder, Jr., P.E., Director of Public Works
SUBJECT:
Monthly Tonnage Report - Fiscal Year 14/15
DATE:
July 7, 2015
The following is the tonnage for the months of July 2014, through June 2015, and the average monthly tonnage
for fiscal years 03/04 through 14/15.
FY 03-04: AVERAGE PER MONTH: 16,348 TONS (UP 1,164 TONS)
FY 04-05: AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS)
FY 05-06: AVERAGE PER MONTH: 17,785 TONS (UP 756 TONS)
FY 06-07: AVERAGE PER MONTH: 16,705 TONS (DOWN 1,080 TONS)
FY 07-08: AVERAGE PER MONTH: 13,904 TONS (DOWN 2,801 TONS)
FY 08-09: AVERAGE PER MONTH: 13,316 TONS (DOWN 588 TONS)
FY 09-10: AVERAGE PER MONTH: 12,219 TONS (DOWN 1,097 TONS)
FY 10-11: AVERAGE PER MONTH: 12,184 TONS (DOWN 35 TONS)
FY 11-12: AVERAGE PER MONTH: 12,013 TONS (DOWN 171 TONS)
FY 12-13: AVERAGE PER MONTH: 12,065 TONS (UP 52 TONS)
FY 13-14: AVERAGE PER MONTH: 12,468 TONS (UP 403 TONS)
FY 14-15: AVERAGE PER MONTH: 13,133 TONS (UP 665 TONS)
MONTH FY 2013-2014FY 2014-2015
JULY 13,514 14,029
AUGUST13,343 13,585
SEPTEMBER12,345 13,274
OCTOBER13,266 14,339
NOVEMBER10,857 11,194
DECEMBER 11,614 12,132
JANUARY11,411 10,297
FEBRUARY10,021 9,369
MARCH11,518 12,768
APRIL13,796 14,826
MAY14,340 16,461
JUNE 13,594 15,321
HES/gmp
COUNTY of FREDERICK
Finance Department
Cheryl B. Shiffler
Director
540/665-5610
Fax: 540/667-0370
E-mail: cshiffle@fcva.us
TO: Board of Supervisors
FROM: Finance Committee
DATE: July 15, 2015
SUBJECT: Finance Committee Report and Recommendations
A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent
Street on Wednesday, July 15, 2015 at 8:00 a.m. Member Gary Lofton was absent.
1.The Parks & Recreation Director requests an FY16 General Fund supplemental
appropriation in the amount of $95,000. This amount represents the use of proffer
funds for a restroom building at Rose Hill Park. Proffer funds are available. The Proffer
Policy is included. See attached information, p. 4 1. The committee recommends
approval.
2.The Parks & Recreation Director requests an FY16 General Fund supplemental
appropriation in the amount of $168,000 for the construction of a trail at Rose Hill Park.
This amount represents anticipated remaining FY15 funds. The current balance is
$168,000 and the appropriation will not exceed the final FY15 year end balance. See
attached memo, p. 1. The committee recommends approval.
3.The Parks & Recreation Director requests an FY16 General Fund supplemental
appropriation in the amount of $22,780.36. This amount represents anticipated
remaining FY15 funds for the completion of the Sherando Park Master Plan. The current
balance is $28,520.36 and the appropriation will not exceed the final FY15 year end
balance. See attached memo, p. 1. The committee recommends approval.
107 North Kent Street Winchester, Virginia 22601
1
Finance Committee Report and Recommendations
July 15, 2015
Page | 2
4.The Public Safety Communications Director requests an FY16 General Fund
supplemental appropriation in the amount of $2,000. This amount represents a grant
from the Virginia E911 Wireless Education Program. No local funds required. See
attached information, p. 2. The committee recommends approval.
5.The Sheriff requests an FY15 General Fund supplemental appropriation in the amount of
$400. This amount represents two (2) donations to the DARE program. See attached
p. 2 2. The committee recommends approval.
memos,
6.The Sheriff requests an FY16 General Fund supplemental appropriation not to exceed
the final FY15 year end balance for the Abbott Grant. The current balance is
$41,480.72. See attached memo, p. 2. The committee recommends approval.
7.The County Administrator requests authorization to engage in the services of a financial
consultant. See attached memo, p. 2 2. The committee recommended
authorization; however, the County Administrator requests postponement of board
action awaiting further information.
INFORMATION ONLY
1.The Government Finance Officers Association (GFOA) has awarded the County the
Award for Outstanding Achievement for Outstanding Achievement in Popular Annual
Financial Reporting for the June 30, 2014 Popular Annual Financial Report (PAFR). This
is the 8th consecutive year that Frederick County has received this achievement. See
attached, p. 2 2.
2.At the request of the committee, the EDA Executive Director will
final reporting mechanism by the Economic Development Authority on Local
Economic Development Incentive Grants (LEDIG) at the next Finance Committee
meeting. Mr. Barker is not available for the scheduled July meeting.
2
Finance Committee Report and Recommendations
July 15, 2015
Page | 3
3.The Finance Director provides a Fund 10 Transfer Report for June 2015. See attached,
p. 3.
4.The Finance Director provides a preliminary FY 2015 Fund Balance Report for the period
ending June 30, 2015. See attached, p. 3.
Respectfully submitted,
FINANCE COMMITTEE
Charles DeHaven, Chairman
Richard Shickle
Judy McCann-Slaughter
Angela Rudolph
Bill Ewing
By ___________________________
Cheryl B. Shiffler, Finance Director
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Frederick County
Cash Proffer Policy
As approved by the Board of Supervisors on January 28, 2009.
Proffered funds received by Frederick County will be held for the use specified by the proffer
language. In the case of funds proffered to offset impacts to fire and rescue services, in the
absence of other proffered specifications, the funds will be earmarked for the first due company in
the area of the subject rezoning at the time the proffered funds are received. All proffered funds will
be collected, held, and will accumulate until such time as a capital project funding request is
received from a qualifying County department, agency, or volunteer fire and rescue company.
requests to access proffered funds shall be submitted to the
Qualifying agency or departmental
Countys Finance Department
for processing.In order to qualify as a capital project the
=
following criteria must be met:
1) the item or project must have a minimum value of five thousand dollars($5,000),
and;
2) the item/project must have an anticipated useful life of at least five (5) years.
The Finance Department will forward requests to the Finance Committee for a recommendation to
the Board of Supervisors on the appropriateness of the use of proffered funds for the requested
purpose. To assist the Finance Committee and Board in their deliberations requests to utilize
proffered funds should include the following: 1) the amount of funds requested, 2) the total
project cost, 3)a detailed description of the desired capital project or purchase including a
discussion of how recent or anticipated development contributes to the need forthe expenditure,
and, 4) indicate whether or not the item or project is listed on the Countys Capital Improvements
=
Plan (CIP).
In order to comply with State Code 15.2-2-2298 (A) the Planning staff, working in conjunction
'
with the County Attorney, will attempt to insure that cash proffers associated with future rezonings
are appropriately addressed through inclusion of relevant capital projects in the Countys CIP prior
=
to acceptance of the proffered funds.
For the purpose of determining whether a project or item is appropriate for individual listing on
the CIP only,a threshold value of $100,000 and useful life of at least five year shall be utilized.
(This would not preclude the purchase of capital items valued at less than $100,000 utilizing
proffered funds, where other relevant criteria are met and procedures followed.)
U:\DOCS\FY2016\FINANCECOMMITTEE\20150715\01C_ADOPTED PROFFER POLICY 1 28 09.DOCX
15 15
JUNE 2015SCHOOLSPARKSFIRE&RESCUEOTHERTOTAL
FUND BALANCE @6/30/111,067,746.18284,661.18394,823.75767,572.192,514,803.30
FY12 REVENUE255,092.0145,376.2935,463.90444,502.35780,434.55
B.A.6/22/11 Sherando Ballfield-150,000.00-150,000.00
B.A.9/14/11 Greenwood Upgrade-65,905.03-65,905.03
B.A.9/28/11 SCFR addition-58,809.17-58,809.17
B.A.1/25/12 Imp.to Amherst St.Campus-600,000.00-600,000.00
B.A.5/23/12 IT Equip.Sheriff-39,650.00-39,650.00
FY13 REVENUE584,170.65106,011.7086,213.31408,867.501,185,263.16
Parks Proffer Mini Bus B.A.9/12/12-75,000.00-75,000.00
B.A. 2/27/13 Greenwood Ambulance-25,211.38-25,211.38
B.A. 2/17/13 TRANSPORTATION RT.11-650,000.00-650,000.00
B.A. 5/22/13 CLEARBROOK FIRE Co-15,000.00-15,000.00
FY14 REVENUE938,297.09177,930.761,170,124.32103,110.202,389,462.37
Unspent Proffers Returned Parks(Bus)13,681.000.0013,681.00
Unspent Proffers Returned SCFR29,004.1729,004.17
B.A.10/9/13 Stephens City Fire C/F-2,202.30-2,202.30
B.A.2/26/14 BRIDGES VALLEY MILL-45,300.00-45,300.00
FY15 REVENUE809,400.97141,909.2389,427.8372,191.101,112,929.13
B.A.5/28/14 SHERANDO PARK SITE PLAN-15,000.00-15,000.00
B.A.6/25/14 Round Hill Event Center&FC-1,000,000.00-1,000,000.00
B.A.9/10/14 Round Hill Event Center&FC-146,790.00-146,790.00
GRAND TOTAL3,054,706.90529,570.16491,139.401,061,293.345,136,709.80
*Other Category
Transportation Imp.Rt.5010,000.00
Rt.50 Rezoning25,000.00
Rt.656&657 Transportation Imp.25,000.00
Administration Building218,936.34
Bridges1,000.00
Library101,206.00
Sheriff41,776.00
Stop Lights26,000.00
Historic and Open Space Preservation108,000.00 *1
Meadows Edge RaceyTract Rt.277162,375.00
BPG Properties/RT.11 Corridor330,000.00
Solid Waste12,000.00
Other Proffers @6/30/151,061,293.34
*1 Bd.Action 12/11/13 $50,000 for
debt payment Huntsberry Property
16 16
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Sharon Kibler
From:Leeanna Pyles
Sent:Wednesday, July 08, 2015 1:08 PM
To:Sharon Kibler
Subject:FW: Award letter
Attachments:FY16BoardGrants.pdf
Willthisemailandattachmentdo?
LeeAnna
From: Spears-Dean, Dorothy (VITA) [mailto:Dorothy.SpearsDean@vita.virginia.gov]
Sent: Wednesday, July 08, 2015 1:06 PM
To: Marzolf, Steve (VITA); Leeanna Pyles
Subject: RE: Award letter
HiLeeanna:
WedonotissueawardlettersforWEPgrants.Typically,wereferWEPgrantawardeestotheawardspreadsheetthatis
postedtotheISPwebsite.Foryourconvenience,Ihaveattachedthespreadsheet.Yourawardwasapprovedbythe
downonthefirstpage.
BoardattheirJanuary2015Boardmeeting.ItisgrantID#33anditislocatedmidway
IfIcanbeoffurtherassistance,please7x·hesitatetocontactme.Thanksandhaveagreatday.
Dorothy A. Spears-Dean, Ph.D.
Public Safety Communications Coordinator,
Service Management and Delivery
Virginia Information Technologies Agency (VITA)
VITA - Enabling the Business of Government
dorothy.spearsdean@vita.virginia.gov
www.vita.virginia.gov
(804) 416-6201 (voice)
(804) 840-7260 (mobile)
(804) 416-6353 (fax)
VITA Customer Care Center - Call (866) 637-8482 (toll free) to report an outage or request service. Or e-
mail the VCCC at vccc@vita.virginia.gov. Please note: E-mail should not be used to report critical issues or
outages impacting an agency. To report a critical issue, please call the VCCC directly.
1
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MEMORANDUM
MEMORANDUM
TO:Finance Committee
FROM:Brenda G. Garton, County Administrator
SUBJECT:Engagement of a Financial Consultant
DATE:July 9, 2015
While I had intended to propose to the Finance Committee that the county consider
engaging a financial consultant later in the year, since the issue was brought up at the July 8
joint meeting between the Board of Supervisors, the School Board, and the Finance
Committee, I would like to request consideration at this time.
Frederick County wouldbenefit from an analysis by a financial consulting firm with
experience in Virginia. We can draft an RFP and go through an extensive process to procure
a firm, or we may find a locality with an RFP written in such a way that we can piggyback on
that locality’s procurement. There are several well respected firms in Virginia, and I have
some experience with and knowledge of a couple of them.
I would recommend that a financial consulting firm be engaged to, among other things:
Review Frederick County’s financial policies and make recommendations for changes
which would improve the county’s financial position and its standing with rating
agencies.
Perform revenue projections to help the county weigh requests for funding against
projected future revenue streams.
Perform debt analysis in order to advise the Board of Supervisors on debt service
consequences of capital funding decisions.
Analyze various funding options to meet future needs and make recommendations to
the Board of Supervisors based on the Board’s goals.
Conduct special analysis and other projects needed from time to time by the county.
25 25
I am requesting the Finance Committee’s recommendation to the Board that the county
engage a financial consulting firm to perform at least the tasks noted above and others staff
may consider advisable and that staff be given latitude to engage a firm by either an RFP
process or by piggybacking on another locality’s procurement, within those constraints
imposed by state law and local policy.
I will be prepared to discuss this request at the Finance Committee Meeting. Meanwhile, if
you have any questions or wish to discuss this request, please do not hesitate to give me a
call.
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FY15 JUNE BUDGET TRANSFERS 2015 PAGE 1
DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT
6/1/2015CIRCUIT COURTCIRCUIT COURT JURORS21013010000002 5,000.00
TRANSFERS92015880000015 (5,000.00)
6/1/2015FIRE AND RESUCEPROMOTION 6/1535051001000005 391.84
FIRE AND RESUCE 35051007000001 (391.84)
6/10/2015REFUSE COLLECTIONPURCHASE OUTREACH MATERIAL42035413000000 (500.00)
42035412000000 500.00
6/10/2015COUNTY ADMINISTRATIONSHORTAGE IN OFFICE SUPPLIES12014003000002 (113.00)
COUNTY ADMINISTRATION 12015401000000 113.00
COUNTY ADMINISTRATION12015506000000 (800.00)
COUNTY ADMINISTRATION 12015401000000 800.00
6/10/2015OTHERSHORTAGE IN PROFESSIONAL SERVICES12243002000000 7,000.00
OTHER 12243002000000 2,000.00
OTHER 12243002000000 1,000.00
COUNTY OFFICE BUILDINGS/COURTHOUSE 43043010000000 (7,000.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43045407000000 (2,000.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43045400000000 (1,000.00)
6/16/2015INSPECTIONSCOST OF MEMBERSHIP 34015410000000 (75.00)
INSPECTIONS 34015801000000 75.00
6/16/2015COUNTY ATTORNEYFEDERAL COURT BAR RENEWAL12023002000000 (25.00)
COUNTY ATTORNEY12025801000000 25.00
6/16/2015LITTER CONTROL GRANTLITTER CREW EXPENSES42055204000000 (200.00)
LITTER CONTROL GRANT42055413000000 200.00
6/16/2015COUNTY ATTORNEYPORTION OF INTERN PAYROLL12023002000000 (600.00)
COUNTY ATTORNEY 12021003000000 600.00
6/16/2015BOARD OF SUPERVISORSTO COVER DEFICIT11015801000000 (650.00)
BOARD OF SUPERVISORS11015411000000 650.00
BOARD OF SUPERVISORS11015801000000 (1,200.00)
BOARD OF SUPERVISORS11013002000000 1,200.00
BOARD OF SUPERVISORS11015506000000 (900.00)
BOARD OF SUPERVISORS11013002000000 900.00
6/16/2015CLEARBROOK PARKPURCHASE PICKUP TRUCK FOR SHERANDO PARK71098005000000 (24,375.00)
SHERANDO PARK71108005000000 24,375.00
6/16/2015COMMISSIONER OF THE REVENUEUSED VEHICLE FOR ASSESSMENT & FIELDWORK12093005000000 (1,600.00)
COMMISSIONER OF THE REVENUE 12093010000000 (4,900.00)
COMMISSIONER OF THE REVENUE 12095204000000 (2,000.00)
COMMISSIONER OF THE REVENUE 12095506000000 (700.00)
COMMISSIONER OF THE REVENUE12095506000000 (1,000.00)
REASSESSMENT/BOARD OF ASSESSORS12108005000000 1,600.00
REASSESSMENT/BOARD OF ASSESSORS 12108005000000 4,900.00
REASSESSMENT/BOARD OF ASSESSORS12108005000000 2,000.00
REASSESSMENT/BOARD OF ASSESSORS 12108005000000 700.00
REASSESSMENT/BOARD OF ASSESSORS12105204000000 (10,000.00)
REASSESSMENT/BOARD OF ASSESSORS12108005000000 10,000.00
REASSESSMENT/BOARD OF ASSESSORS 12108005000000 1,000.00
6/16/2015COUNTY ATTORNEYRECORDING FEE BOS RESOLUTION FOR VRA FINANCING12023002000000 (21.00)
COUNTY ATTORNEY 12025413000000 21.00
6/16/2015FIRE AND RESCUETO COVER YEAR END35054003000002 (2,500.00)
FIRE AND RESCUE35055407000000 2,500.00
6/16/2015LITTER CONTROL GRANTVAN REGISTRATION AND TAG FEES42055407000000 (350.00)
LITTER CONTROL GRANT42055413000000 350.00
6/16/2015SHERIFFUNIFORMS FOR NEW POSITIONS31025408000000 (10,000.00)
SHERIFF31025410000000 10,000.00
6/16/2015FIRE AND RESCUECOVER YEAR END35053010000000 (2,500.00)
FIRE AND RESCUE35055407000000 2,500.00
SHERIFFNEW AND REPLACEMENT DUTY WEAPONS31025506000001 (15,000.00)
6/18/2015
SHERIFF31025409000000 15,000.00
6/18/2015JUVENILE AND DOMESTIC COURTOFFICE FURNITURE21055506000000 (600.00)
JUVENILE AND DOMESTIC COURT21055401000000 600.00
6/18/2015SHERIFFTACTICAL VESTS31025506000000 (6,100.00)
SHERIFF 31025410000001 6,100.00
6/19/2015COMMISSIONER OF THE REVENUECORRECT ACCOUNT NUMBER ON TRANSFER12095506000000 1,000.00
REASSESSMENT/BOARD OF ASSESSORS 12105506000000 (1,000.00)
6/19/2015AGRICULTUREFUNDS NEEDED FOR PROGRAMMING SUPPLIES83015204000000 (440.00)
AGRICULTURE83015401000000 440.00
AGRICULTURE 83015506000000 (79.05)
AGRICULTURE83015401000000 79.05
6/22/2015COUNTY OFFICE BUILDINGS/COURTHOUSEDEFICIT IN ELECTRICAL COUNTY ADMINISTATION BLDG.43045400000000 (5,200.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43045101000000 5,200.00
6/22/2015COUNTY OFFICE BUILDINGS/COURTHOUSEDEFICIT IN WATER/SEWER BUILDINGS CAB43045407000000 (3,000.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43045103000000 3,000.00
6/22/2015COUNTY OFFICE BUILDINGS/COURTHOUSEDEFICIT IN WATER/SEWER COUNTY ADM. BLDG.43045407000000 (118.66)
COUNTY OFFICE BUILDINGS/COURTHOUSE43045101000000 118.66
6/22/2015COUNTY OFFICE BUILDINGS/COURTHOUSEROOF TOP UNIT REPAIR AT PUBLIC SAFETY BUILDING43045103000005 (900.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000006 900.00
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COUNTY ATTORNEY12021003000000 200.00
COUNTY ATTORNEY12023007000000 (200.00)
COUNTY ATTORNEY12021003000000 200.00
COUNTY ATTORNEY12025204000000 (320.00)
COUNTY ATTORNEY12021003000000 320.00
29 29
FY15 JUNE 2015 BUDGET TRANSFERS PAGE 2
DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT
6/23/2015PARKS MAINTENANCEZ-TURN MOWERE FOR SHERANDO71033002000000 (3,132.14)
SHERANDO PARK71108001000000 3,132.14
CLEARBROOK PARK71098001000000 (3,890.95)
CLEARBROOK PARK71095102000000 (1,255.21)
SHERANDO PARK71108001000000 3,890.95
SHERANDO PARK71108001000000 1,255.21
SHERANDO PARK71105408000000 (4,080.75)
SHERANDO PARK71108001000000 4,080.75
6/23/2015COMMISSIONER OF THE REVENUEADDITIONAL OFFICE SUPPLIES12093004000002 (800.00)
COMMISSIONER OF THE REVENUE12095401000000 800.00
COMMISSIONER OF THE REVENUE12095204000000 (1,000.00)
COMMISSIONER OF THE REVENUE 12095401000000 1,000.00
COMMISSIONER OF THE REVENUE12095801000000 (400.00)
COMMISSIONER OF THE REVENUE12095401000000 400.00
6/23/2015COUNTY OFFICE BUILDINGS/COURTHOUSETOPOGRAPHIC SURVEY CAB43043005000000 (1,000.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43043002000000 1,000.00
6/24/2015AGRICULTUREBOOK USED FOR FCS PROGRAM83015401000000 (22.57)
AGRICULTURE83015411000000 22.57
6/24/2015COUNTY OFFICE BUILDINGS/COURTHOUSEPARKING LOT RESTORATION 43043005000005 (6,233.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000006 6,233.00
6/24/2015MAINTENEANCE ADMINISTRATIONREPAIR ON 2007 FORD F15043015408000000 (100.59)
MAINTENEANCE ADMINISTRATION43013004000002 100.59
MAINTENEANCE ADMINISTRATION43015401000005 (450.00)
MAINTENEANCE ADMINISTRATION43013004000002 450.00
MAINTENEANCE ADMINISTRATION43015305000000 (91.32)
MAINTENEANCE ADMINISTRATION43013004000002 91.32
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FIRE AND RESCUE35059001000000 500.00
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6/25/2015COMMONWEALTH'S ATTORNEYPRINTER/COPIER FOR COURTHOUSE USE22015413000007 (7,800.00)
COMMONWEALTH'S ATTORNEY22018007000000 7,800.00
6/25/2015COMMONWEALTH'S ATTORNEYTRANSCRIPTS FOR COURT REPORTER22015411000000 (1,000.00)
COMMONWEALTH'S ATTORNEY 22013002000000 1,000.00
6/29/2015REFUSE COLLECTIONEND OF YEAR INVOICES42035405000000 (1,000.00)
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6/30/2015COMMISSIONER OF THE REVENUEREPAIR TO PLOTTER12093004000001 220.00
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PUBLIC ASSISTANCE53175817000000 (900.00)
PUBLIC ASSISTANCE53175820000000 1,933.00
PUBLIC ASSISTANCE53175872000000 (1,933.00)
PUBLIC ASSISTANCE53175811000000 24,000.00
PUBLIC ASSISTANCE53175813000000 (5,000.00)
PUBLIC ASSISTANCE53175833000000 (11,000.00)
PUBLIC ASSISTANCE53175873000000 (8,000.00)
PUBLIC ASSISTANCE53175812000000 4,100.00
PUBLIC ASSISTANCE53175817000000 (4,100.00)
PUBLIC ASSISTANCE53175866000000 2,100.00
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7/1/2015OTHERPROFESSIONAL SERVICES12243002000000 19,500.00
COUNTY OFFICE BUILDINGS/COURTHOUSE43045605000000 (19,500.00)
7/1/2015OTHERSHORTFALL IN PROFESSIONAL SERVICES12243002000000 3,000.00
COUNTY OFFICE BUILDINGS/COURTHOUSE43045101000006 (3,000.00)
7/1/2015CLEARBROOK PARKSTONE FOR CLEARBROOK PARK71093004000001 (318.21)
CLEARBROOK PARK71093004000003 318.21
7/1/2015OTHERSHORTFALL IN PROFESSIONAL SERVICES12243002000000 1,650.00
OTHER12243002000000 200.00
OTHER 12243002000000 1,000.00
COUNTY OFFICE BUILDINGS/COURTHOUSE43045302000006 (1,650.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43045400000006 (200.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045403000005 (1,000.00)
30 30
ountyoreerc,
CfFdikVA
ReportonUnreservedFundBalance
June30,2015*PRELIMINARY*
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OtherFunding/Adjustments
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Airportcapital(80,282)
CORrefundDisabledVetera(2,793)
n
(7)DSSposition(221,648)
s
CORrefundDisabledVetera(3,817)
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OSSIlicensesSherif(53,693)
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Recyclingcan(14,850)
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SheriffPTcourtbailiff(175,000)
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InspectionsPTtoFTpositio(11,843)
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Litigationsettlemen(118,972)
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CORrefundStBeachSpa(2,670)
CORrefundAutotrademarkofWincheste(4,960)
r
CORrefundMichaelWebbe(3,542)
r
Parkspoolssandfilter(48,000)
s
CORrefundVFSLeasingC(17,575)
o
CORrefundRyderTruckRentalIn(4,007)
c
CORrefundARIFleetL(6,589)
T
Litigationsettlemen(33,321)
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CORrefundChemston(33,241)
e
CORrefundDisabledVetera(6,014)
n
ParksFTRechTechpositio(18,770)
n
VJCCCAfundsreturned(20,488)
CORrefundQuantum(2,565)
CORrefundRyderTruckRentalIn(3,420)
c
EDAincentiveChemston(150,000)
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BariatricEquipmentF&(16,406)
R
CORrefundSonoc(2,933)
o
CORrefundUnitedRental(5,523)
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CORrefundBMWFinancialService(2,796)
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CORrefundmortgagecompan(60,113)
y
F&Rovertime(160,000)
June2015primaryelectio(24,495)
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EDAincentivereservecorrectio550,000
n
CORrefundDominionSelfStorag(4,012)
e
CORrefundRDMHospitatlityLL(15,342)
C
DSSlocalsharereductio10,000
n
Airportoperatin(37,550)
g
(1,650,860)
YearEndAdjustments
RemoveFY15Budget8,592,513
8,592,513
FundBalance,June30,2015*PRELIMINARY*44,976,381
31 31
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Public Hearing - Site Plan Revisions and Additions
DATE: July 24, 2015
Staff has prepared a revision to Part 802 of the Zoning Ordinanc
provisions for minor site plans as well as inclusion of a new illustrative sketch plan. Minor site plans
have commonly been submitted and approved; however the term and
never been codified. Illustrative sketch plans are also propose
to agricultural businesses such as farm wineries, distilleries and breweries, as well as conditiona
permits that may not need an engineered site plan.
A minor site plan would constitute a revision that increases an existing structure area
does not exceed 5,000 square feet of disturbed area. Minor site plans include reduced sub
guidelines and have a reduced review fee. Illustrative sketch plans would not need to be sealed by a
licensed professional, the property owner would be able to compl on their own. There
would be no fee associated with this exercise.
The DRRC discussed this amendment at their April 2015 meeting.
sent the proposed changes to the Planning Commission for discussThe Planning Commission
discussed this item on May 20, 2015; the Planning Commission agreed with the changes and sent the
item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on
June 10, 2015; ultimately the Board of Supervisors sent the amendment forward for public hearing as
drafted. The Planning Commission held a public hearing for this item on J
citizen comments and the Planning Commission recommended approval of the amendment.
The attached document shows the existing ordinance with the prop
Planning Commission (with strikethroughs for text eliminated and This
proposed amendment is being presented to the Board of Supervisors as a public hearing item. A
decision by the Board of Supervisors on this proposed Zoning Ord
Please contact me if you have any questions.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics
2. Resolution
CEP/pd
Attachment 1
ARTICLE VIII
DEVELOPMENT PLANS AND APPROVALS
Part 802 Site Plans
§ 165-802.01 Activities requiring site plans or illustrative sketch plans.
A. In order to ensure that the requirements of this chapter have be
to be submitted to the County for the following uses:
(1) Any use in the business or industrial zoning districts, the EM Extra
the MS Medical Support District, or the HE Higher Education District.
(2) Any nonresidential use s in which with automobile parking space s. is to be used by more than
one establishment.
(3) Any of the following residential uses not required to submit a s
approval:
(a) Multiplexes;
(b) Townhouses, Back-to-Back Townhouses;
(c) Garden apartments;
(d) Multifamily residential buildings;
;
(f) Other allowed multifamily residential uses;
(g) Mobile home parks.
(4) Convalescent and nursing homes. and allowed nonresidential uses in the RP, R4 and R5 Zoning
Districts.
(5) Public and semipublic uses and buildings.
(6) Required landscaped buffers and landscaped screens.
(7) Required recreational facilities.
(8) Any parcel of land proposed to contain more than one dwelling unit, except those residential
units allowed as agricultural accessory uses.
(9) Mobile home parks. Non-residential uses permitted in the RP, R4 and R5 Zoning Districts.
(10) The use, change of use or construction of any improvement or fac
the Planning Commission to determine conformance with the Comprehensive Plan under
§ 15.2-2232 of the Code of Virginia.
B. The Zoning Administrator may require a site plan or illustrative sketch plan to be submitted with an
application for a conditional use permit or any use specified under 165-204.
C. No permit shall be issued for the construction of any building or improvement on the site of any of
the above uses until the site plan or illustrative sketch plan is approved.
D. All nonbusiness or nonindustrial uses in a residential subdivision shall submit a subdivision design
plan, as required in the Frederick County Subdivision Ordinance, instead of a site plan.
E. Illustrative sketch plan shall be required for the following uses:
(a) Farm Wineries;
(b) Farm Breweries;
(c) Farm Distilleries.
§ 165-802.02 Site plan applications; review.
A. Applicants shall submit two copies of the site plan to the Zonin
applicable fees and completed application materials required by
approval of the site plan shall be given by the Zoning Administrator. At least five copies of the site
plan are required to be submitted to the Zoning Administrator fo
B. Applicants shall prepare and submit a Traffic Impact Analysis wiin
accordance with the adopted Traffic Impact Analysis Standards.
C. Applicants shall provide comments on the site plan from various
Department of Planning and Development.
D. The Zoning Administrator may require the applicant to present th
Committee for review. The Committee shall make recommendations to the Zoning Administrator
concerning whether the plan meets the requirements of the Freder
E. A site plan submission shall be considered to be complete when the fees, plans, application materials
and comments have been received and when the Technical Review Co
plan, if required.
F. When the site plan submission is complete, the Zoning Administrator m
Planning Commission for its review.
(1) The Zoning Administrator shall determine whether to submit the site plan to the Planning
Commission based on the following considerations:
(a) The scale or intensity of the proposed use.
(b) Potential impacts on surrounding properties.
(c) Potential traffic hazards or congestion.
(2) In addition, the Planning Commission may request that the site p
Commission for its review.
G. The Planning Commission may make recommendations to the Zoning A
site plan. The Zoning Administrator shall incorporate such recominto the review of the
site plan. The site plan shall be finally approved or denied by
H. Approval of the site plan shall expire within five years of the approval date unless building permits
have been obtained for construction.
I. The Zoning Administrator or his designated representative shall inspect the site during
construction to ensure that the site plan requirements are met.
J. No certificate of occupancy shall be issued for any use or site site plan until all
requirements shown on the approved site plan have been met and a
site plan have been provided. If structures and improvements hav
guarantee public health and safety but if all site plan improvements have not been completed, a
certificate of occupancy shall only be issued if a bond with sur
been provided to insure that all approved improvements will be p
for a limited time period acceptable to the Zoning Administrator, duri
improvement shall be completed.
Site Plan Review Process
K. The Board of Supervisors, by resolution, may establish a schedul
§ 165-802.03 Site plan and illustrative sketch plan contents.
The site plan or illustrative sketch plan shall be clearly legible and shall be drawn at a scale acceptable
to the Zoning Administrator. The site plan shall include three g
section, the calculations section, and the site plan and details
section is listed below:
A. Project information section.
(1) A title that includes the name of the proposed or existing business and a subtitle which describes
the proposed development.
(2) The name, address, and phone number of the landowner, developer,ner.
(3) The Frederick County Property Identification Number (PIN) of all
(4) The number and type of dwelling units included on the site plan
(5) The total land area and total developed land area of all lots included on the site plan.
(6) A detailed description of the proposed use or uses of the develo
the existing use or uses.
(7) A reference to any other site plan or master development plan ap
site.
(8) The date the site plan was prepared and a list of all revisions
description of why the site plan was revised.
(9) A table of contents including all pages of the site plan.
(10) A list of all proposed utility providers, with their address, name and phone number.
(11) An inset map showing the location of the site, along with the lo
uses within 500 feet of the property.
(12) A statement listing all requirements and conditions placed on th
resulting from approval of conditional zoning or a conditional use permit.
(13) A description of setbacks or conditions placed on the site as a
(14) The name of the Magisterial District within which property is lo
B. Calculations section.
(1) Calculations showing the floor area ration (FAR) of the site, in
total ground floor area, total floor area, and total lot area.
(2) Calculations showing the total number of required and proposed p
total number of existing and proposed spaces.
(3) Calculations showing the total number of required handicap space
existing and proposed spaces.
(4) Calculations showing the total number of required loading spaces
existing and proposed spaces.
(5) Calculations showing the total number of required perimeter and
including the number of provided trees.
(6) Calculations showing the percentage of the property that will be lan
of woodlands disturbed.
C. Site plan and details section.
(1) The location of all adjoining lots with the owner's name, specif
boundaries shown.
(2) The location of all existing or planned rights-of-way and easements that adjoin the property, with
street names, widths, and speed limits shown.
(3) All nearby entrances that are within 200 feet of any existing or
(4) All existing and proposed driveways, parking and loading spaces,
surfacing material and construction details to be used. The size
aisles, maneuvering areas, and loading spaces shall be shown.
(5) A North arrow.
(6) A graphic scale and statement of scale.
(7) A legend describing all symbols and other features that need des
(8) A boundary survey of the entire parcel and all lots included wit
the nearest hundredth of a foot.
(9) The present zoning of all portions of the site, with the locatio
(10) The location of all existing and proposed structures, with the height, s
area, and total floor area labeled.
(11) The location of all existing and proposed outdoor uses, with the height, specific use, and land
area labeled.
(12) Existing topographic contour lines at intervals acceptable to thator. Proposed
finished grades shall be shown by contour.
(13) The location of the front, side, and rear yard setback lines req
district.
(14) The location and boundaries of existing environmental features,
lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, and woodlands.
(15) The location of outdoor trash receptacles.
(16) The location of all outdoor lighting fixtures.
(17) The location, dimensions, and height of all signs.
(18) The location of required buffers, landscaping buffers, and lands
examples, typical cross sections or diagrams of screening to be
dimensions of required fencing, berms, and similar features shall be specified.
(19) The location of recreational areas and common open space.
(20) The location of all proposed landscaping with a legend; the cali
common name of all deciduous trees; the height at planting, sciename, and common name
of all evergreen trees and shrubs.
(21) The height at planting, caliper, scientific name, and common nam
proposed trees. The height at planting, scientific name and common name sh
all shrubs.
(22) The location of sidewalks and walkways.
(23) The location and width of proposed easements and dedications.
(24) A stormwater management plan describing the location of all stormwater management facili
with design calculations and details.
(25) A soil erosion and sedimentation plan describing methods to be used.
(26) The location and size of sewer and water mains and laterals serv
(27) Facilities necessary to meet the requirements of the Fire Code.
(28) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the
plan.
(29) A space labeled "Approved by the Frederick County Zoning Adminis
the Zoning Administrator, approval date, and a statement that reads "site plan valid for f
from approval date."
D. Minor Site Plans. A minor site plan may be submitted in lieu
existing sites. A minor site plan shall constitute a revision th
by 20% or less and does not exceed 5,000 square feet of disturbed area. Minor site plans, at a
minimum shall include the following information:
(1) A title that includes the name of the proposed or existing b
describes the proposed development.
(2) The name, address, and phone number of the landowner, developer, and designer.
(3) The Frederick County Property Identification Number (PIN) of
(4) The total land area and total developed land area of all lot
(5) A detailed description of the proposed use or uses of the de
of the existing use or uses.
(6) A reference to any other site plan or master development pla
site.
(7) The date the site plan was prepared and a list of all revisions made, including th
description of why the site plan was revised.
(8) A table of contents including all pages of the site plan.
(9) An inset map showing the location of the site, along with thation of streets, roads and land
uses within 500 feet of the property.
(10) A statement listing all requirements and conditions placed
resulting from approval of conditional zoning or a conditional u
(11) A description of setbacks or conditions placed on the site as a re
(12) The name of the Magisterial District within which property
(13) Calculations showing the total number of required and propoding spaces,
including the total number of existing and proposed spaces.
(14) Calculations showing the total number of required perimeter
including the number of provided trees. The Zoning Administratorber
of landscaping plants required, proportional to the additions sh
(15) A signed seal of the certified Virginia land surveyor, arch
plan.
(16) Any other information determined by the Zoning Administrator necessary for the review of the
minor site plan.
(17) The Zoning Administrator may eliminate any of the above req
it is determined not to be warranted.
E. Illustrative sketch plan. An illustrative sketch plan may be submitted in lieu of a site plan for farm
wineries, farm breweries and farm distilleries, or if required as part of a Conditional Use Permit.
Illustrative sketch plans, at a minimum shall include the following informatio
(1) A title that includes the name of the proposed or existing bu
describes the proposed development.
(2) The name, address, and phone number of the landowner, develo
(3) The Frederick County Property Identification Number (PIN) of all lots included on the sketch
plan.
(4) The total land area and total developed land area of all lot
(5) Illustrative Sketch plan shall include a drawing of all aspects of the business operations on the
site.
(6) Size and dimensions of parking areas and signs if any, location of any floodplains or other
environmental features.
(7) For cottage occupations, the sketch plan shall show the residimprovements
associated with the cottage occupation.
(8) Distances between on site structures and adjacent residential structures and other buildin
the location and width of adjacent right-of-way, adjoining properties, and easements.
(9) A statement listing all requirements and conditions placed on the land includsketch
plan resulting from approval of a conditional use permit.
(10) The name of the Magisterial District within which property is
(11)The illustrative sketch plan need not be drawn to scale, nor does it have to be prepared by a
licensed professional. However, distances from structure to adjacent lot lines must be
accurately depicted.
F. D. Other information or statements may be required on the site plan
ensure that all requirements of the Frederick County Code are me
G. E. All site plans shall conform with master development plans that
in question.
H. F. When required, deed restrictions, deeds of dedication, agreement
materials shall be submitted with the site plan.
§ 165-802.04 Required improvements.
A. All improvements and construction on the site shall conform with or
illustrative sketch plan and the requirements of the Frederick County Code.
B. The Zoning Administrator may require a bond with surety or other
the completion of required improvements. Such guaranties shall be in the estimated amount of the
required improvements. Such guaranties shall be for a period of
Administrator with consultation with the applicant. Such guarant
required improvements have been completed.
ARTICLE I
GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS
Part 101 General Provisions
§ 165-101.02 Definitions & word usage.
SITE PLAN - A specific and detailed plan of development which contains detailed engineering drawings
of the proposed uses and improvements required in the developmen of
development meeting the requirements of this chapter. In all Articles of this Chapter, where the term
'site plan' is used, it shall also include the term 'minor site plan'.
ILLUSTRATIVE SKETCH PLAN An illustrative plan that accurately depicts the development of a parcel or
use meeting the requirements of this chapter. Illustrative site plans may be required for agricultural
uses or as part of a conditional use permit.
Attachment 2
ORDINANCE AMENDMENT
______________________________
Action:
PLANNING COMMISSION: July 15, 2015 Recommended Approval
BOARD OF SUPERVISORS: August 12, 2015 APPROVED DENIED
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING
ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS
PART 802 SITE PLANS
§ 165-802.01 ACTIVITIES REQUIRING SITE PLANS
§ 165-802.03 SITE PLAN CONTENTS
§ 165-802.04 REQUIRED IMPROVEMENTS.
ARTICLE I GENERAL PROVISIONS; AMENDMENTS;
AND CONDITIONAL USE PERMITS
PART 101 GENERAL PROVISIONS
§ 165-101.02 DEFINITIONS & WORD USAGE
WHEREAS,
an ordinance to amend Chapter 165, Zoning to revise the site plan
requirements to include provisions for minor site plans and illustrative sketch plans, and
an update to the site plan definition to include minor site plans and a new definition for
illustrative sketch plan was considered; and
WHEREAS,
the Planning Commission held a public hearing on this ordinance on July
15, 2015; and
WHEREAS,
the Board of Supervisors held a public hearing on this ordinance on August
12, 2015; and
WHEREAS,
the Frederick County Board of Supervisors finds that the adoption of this
ordinance to be in the best interest of the public health, safety, welfare, and in good
zoning practice; and
PDRes #32-15 -1-
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of
Chapter 165 Zoning, Article VIII Development Plans and
Supervisors that
Approvals, Part 802 Site Plans, §165-802.01 Activities Requiring Site Plans, § 165-
802.01 Activities Requiring Site Plans, § 165-802.03 Site Plan Contents, § 165-802.04
Required Improvements; Article I General Provisions, §165-101.02 Definitions &
Word Usage
is amended to include provisions for minor site plans and illustrative sketch
plans, the site plan definition revised to include minor site plans and the inclusion of a
new definition for illustrative sketch plans.
Passed this 12th day of August, 2015 by the following recorded vote:
Richard C. Shickle, Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Charles S. DeHaven, Jr. ____
Gene E. Fisher ____ Jason E. Ransom ____
Robert W. Wells ____
A COPY ATTEST
______________________________
Brenda G. Garton
Frederick County Administrator
PDRes #32-15 -2-
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Farm Breweries and Distilleries in the RA (Rural Areas) Zoning District
DATE: July 24, 2015
In 2009 Frederick County adopted standards for farm wineries purements of
the Code of Virginia. The standards allowed for the wineries al
uses such as special events and onsite tasting and sales. In 2014, additional standards were
introduced in the Code of Virginia to allow for farm breweries. Additionally, this year
allowances were introduced for farm distilleries. Staff has drafted revisions to the farm winery
text to include allowances for farm breweries and farm distilleries. Other changes include
removing provisions already regulated by the Code of Virginia for these uses.
The changes included with this revision are as follows:
Addition of Farm Breweries and Distilleries, with updated and new definitions;
Removal of provisions currently regulated by the Code of Virgini
Addition of tours, kitchen and catering activities;
Addition of an allowance for providing light refreshments and ap
preparation beyond this, excluding catering for special events,
Conditional Use Permit for a restaurant);
Removal of the site plan requirement and addition of an illustrative sketch plan
requirement;
Revision to the events allowance to decrease the number of peopl
without a festival permit from 150 to 100 (consistent with the Ct
for festival permits).
For clarification, the Code of Virginia permits farm wineries, brewer
conduct the following (exempt from local regulation):
The production and harvesting of agricultural products for the manufacturing of
alcoholic beverages;
On-premises sale, tasting, or consumption of wine, beer, alcoholic
regular business hours within the normal course of business;
The direct sale and shipment of wine, beer, alcoholic beverages to licensed wholesalers
and out-of-state purchasers;
The storage and warehousing of wine, beer and alcoholic beverages;
Board of Supervisors Public Hearing
Farm Wineries, Breweries and Distilleries
July 24, 2015
Page 2
The sale of product-related items that are incidental to the sale of wine, beer or
alcoholic beverages.
The DRRC discussed this amendment at their April 2015 meeting and sent the proposed
changes to the Planning Commission for discussion. The Planning Commission discussed this
item on May 20, 2015; the Planning Commission agreed with the changes and sent the item
forward for review by the Board of Supervisors. The Board of Supervisors discussed this item at
their June 10, 2015 meeting; the Board agreed with the proposed
requested that staff remove the provisions currently regulated b
reflects the changes requested by the Board of Supervisors. The Planning Commission held a
public hearing for this item on July 15, 2015; there were no cit Planning
Commission recommended approval of the amendment.
The attached document shows the existing ordinance with the prop
the Planning Commission (with strikethroughs for text eliminated and bold italic for tex
added). This proposed amendment is being presented to the Board of Superrs as a public
hearing item. A decision by the Board of Supervisors on this proposed Zonin
amendment is sought. Please contact me if you have any questions.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics
2. Code of Virginia Farm Wineries, Breweries and Distilleries
3. Resolution
CEP/pd
Attachment 1
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 RA Rural Areas District
§ 165-401.02 Permitted uses.
Structures and land shall be used for one of the following uses:
EE. Farm Breweries.
FF. Farm Distilleries.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS
Part 204 Additional Regulations for Specific Uses
§ 165-204.22. Farm Wineries, Farm Breweries and Farm Distilleries.
Farm Wineries, Farm Breweries and Farm Distilleries in the RA (Rural Areas) District, shall meet the
following requirements:
A. Farm Wineries. A farm winery shall be licensed as a Class A or Class B farm winery in accordance
with Section 4.1-207 of the Code of Virginia, as amended, and shall be located in
Areas) District. No farm winery shall be established until an il sketch plan has been
approved. All activities specified under 15.2-2288.3E of the Code of Virginia shall be permitted.
B. Farm Breweries (limited brewery). A farm brewery shall be licensed as a Limited Brewery in
accordance with Section 4.1-208 of the Code of Virginia, as amended, and shall be located in
(Rural Areas) District. No Limited Brewery shall be established until an illustrative
been approved. All activities specified under 15.2-2288.3:1 of the Code of Virginia shall be
permitted.
C. Farm Distillery (limited ). A farm distillery shall be licensed as a Limited distiller in
accordance with Section 4.1-206 of the Code of Virginia, as amended, and shall be located in
(Rural Areas) District. No Limited Distillery shall be establish
been approved. All activities specified under 15.2-2288.3:2 of the Code of Virginia shall be
permitted.
D. The following activities are permitted accessory uses at farm wineries, breweries and distilleries:
(1)On site tours;
(2)Kitchen and catering activities;
(3)Providing light refreshments and appetizers (food preparation beyond this, excluding
catering for events, shall require a Conditional Use Permit for
E. Special Events shall be permitted only on farm wineries, farm breweries and farm distilleries of ten
acres or larger. Special Events for the purposes of this section shall include but are not
meetings, conferences, dinners, festivals, and wedding receptions. Any event at which more than
150 100 people are anticipated and will include music and entertainment will require a festival
permit.
F. An illustrative sketch site plan in accordance with the requirements of Article VIII shall b
to and approved by Frederick County for all farm wineries, distilleries and breweries.
G. Farm wineries, breweries and distilleries that share a private a
property owner/s, must show the easement allows a use of this ty
obtained by the sharing parties.
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 General Provisions
§ 165-101.02. Definitions and word usage.
FARM BREWERY - A brewery licensed as a limited brewery under subdivision 2 of S-208 of
the Code of Virginia (1950, as amended).
FARM DISTILLERY - A distillery licensed as a limited distillery under subdivision 2 of Section 4.1-206 of
the Code of Virginia (1950, as amended).
FARM WINERY A winery licensed as a farm winery under subdivision 5 of Sectio-207 and defined
under 4.1-100 of the Code of Virginia (1950, as amended).
FARM WINERY - An establishment (i) located on a farm in the commonwealth with a producing vineyard,
or similar growing area and with facilities for fermenting and b
lessee manufactures wine that contains not more than 18% alcohollume or (ii) located in the commonwealth
with a producing vineyard, orchard, or similar growing area or a
from agricultural growers within the commonwealth, and with faci on the
premises where the owner or lessee manufactures wine that contai
minimum of 51% of the fresh fruits or agricultural products used
grown or produced on the farm, and no more than 25% of the fruits, fruit juices or other ag
be grown outside of the commonwealth. Accessory uses shall inclu-tasting rooms, accessory food sales
related to wine tasting, and the sale of wines produced on site.
Attachment 2
§ 15.2-2288.3. Licensed farm wineries; local regulation of certain activities.
A. It is the policy of the Commonwealth to preserve the economic vitality of the Virginia wine
industry while maintaining appropriate land use authority to protect the health, safety, and
welfare of the citizens of the Commonwealth, and to permit the reasonable expectation of uses in
specific zoning categories. Local restriction upon such activities and events of farm wineries
licensed in accordance with Title 4.1 to market and sell their products shall be reasonable and
shall take into account the economic impact on the farm winery of such restriction, the
agricultural nature of such activities and events, and whether such activities and events are usual
and customary for farm wineries throughout the Commonwealth. Usual and customary activities
and events at farm wineries shall be permitted without local regulation unless there is a
substantial impact on the health, safety, or welfare of the public. No local ordinance regulating
noise, other than outdoor amplified music, arising from activities and events at farm wineries
shall be more restrictive than that in the general noise ordinance. In authorizing outdoor
amplified music at a farm winery, the locality shall consider the effect on adjacent property
owners and nearby residents.
B, C. [Expired.]
D. No locality may treat private personal gatherings held by the owner of a licensed farm winery
who resides at the farm winery or on property adjacent thereto that is owned or controlled by
such owner at which gatherings wine is not sold or marketed and for which no consideration is
received by the farm winery or its agents differently from private personal gatherings by other
citizens.
E. No locality shall regulate any of the following activities of a farm winery licensed in
accordance with subdivision 5 of § 4.1-207:
1. The production and harvesting of fruit and other agricultural products and the manufacturing
of wine;
2. The on-premises sale, tasting, or consumption of wine during regular business hours within
the normal course of business of the licensed farm winery;
3. The direct sale and shipment of wine by common carrier to consumers in accordance with
Title 4.1 and regulations of the Alcoholic Beverage Control Board;
4. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed wholesalers,
and out-of-state purchasers in accordance with Title 4.1, regulations of the Alcoholic Beverage
Control Board, and federal law;
5. The storage, warehousing, and wholesaling of wine in accordance with Title 4.1, regulations
of the Alcoholic Beverage Control Board, and federal law; or
6. The sale of wine-related items that are incidental to the sale of wine.
VIRGINIAACTSOFASSEMBLY2015SESSION
--
CHAPTER695
AnActtoamendandreenact§§4.1206,4.1231,and4.1233oftheCodeofVirginiaandtoamend
---
theCodeofVirginiabyaddingasectionnumbered15.22288.3:2,relatingtoalcoholicbeverage
-
control;limiteddistillerslicense.
[S1272]
ApprovedMarch27,2015
BeitenactedbytheGeneralAssemblyofVirginia:
1.That§§4.1206,4.1231,and4.1233oftheCodeofVirginiaareamendedandreenactedand
---
thattheCodeofVirginiaisamendedbyaddingasectionnumbered15.22288.3:2asfollows:
-
§4.1206.Alcoholicbeveragelicenses.
-
TheBoardmaygrantthefollowinglicensesrelatingtoalcoholicbeveragesgenerally:
1.Distillerslicenses,whichshallauthorizethelicenseetomanufacturealcoholicbeveragesother
thanwineandbeer,andtosellanddeliverorshipthesame,inaccordancewithBoardregulations,in
closedcontainers,totheBoardandtopersonsoutsidetheCommonwealthforresaleoutsidethe
Commonwealth.WhentheBoardhasestablishedagovernmentstoreonthedistillerslicensedpremises
pursuanttosubsectionDof§4.1119,suchlicenseshallalsoauthorizethelicenseetomakeachargeto
-
consumerstoparticipateinanorganizedtastingeventconductedinaccordancewithsubsectionGof
§4.1119andBoardregulations.
-
2.Limiteddistillerslicenses,todistilleriesthatmanufacturenotmorethan36,000gallonsof
alcoholicbeveragesotherthanwineorbeerpercalendaryear,provided(i)thedistilleryislocatedona
farmintheCommonwealthonlandzonedagriculturalandownedorleasedbysuchdistilleryorits
ownerand(ii)agriculturalproductsusedbysuchdistilleryinthemanufactureofitsalcoholic
beveragesaregrownonthefarm.Limiteddistillerslicenseesshallbetreatedasdistillersforall
purposesofthistitleexceptasotherwiseprovidedinthissubdivision.
3.Fruitdistillerslicenses,whichshallauthorizethelicenseetomanufactureanyalcoholicbeverages
madefromfruitorfruitjuices,andtosellanddeliverorshipthesame,inaccordancewithBoard
regulations,inclosedcontainers,totheBoardandtopersonsoutsidetheCommonwealthforresale
outsidetheCommonwealth.
3.4.Banquetfacilitylicensestovolunteerfiredepartmentsandvolunteerrescuesquads,whichshall
authorizethelicenseetopermittheconsumptionoflawfullyacquiredalcoholicbeveragesonthe
premisesofthelicenseebyanyperson,andbonafidemembersandgueststhereof,otherwiseeligiblefor
abanquetlicense.However,lawfullyacquiredalcoholicbeveragesshallnotbepurchasedorsoldbythe
licenseeorsoldorchargedforinanywaybythepersonpermittedtousethepremises.Suchpremises
shallbeafireorrescuesquadstationorboth,regularlyoccupiedassuchandrecognizedbythe
governingbodyofthecounty,cityortowninwhichitislocated.Underconditionsasspecifiedby
Boardregulation,suchpremisesmaybeotherthanafireorrescuesquadstation,providedsuchother
premisesareoccupiedandunderthecontrolofthefiredepartmentorrescuesquadwhiletheprivileges
ofitslicensearebeingexercised.
4.5.Bedandbreakfastlicenses,whichshallauthorizethelicenseetoservealcoholicbeveragesin
diningareas,privateguestroomsandotherdesignatedareastopersonstowhomovernightlodgingis
beingprovided,withorwithoutmeals,foronpremisesconsumptiononlyinsuchroomsandareas,and
-
withoutregardtotheamountofgrossreceiptsfromthesaleoffoodpreparedandconsumedonthe
premises.
5.6.Tastinglicenses,whichshallauthorizethelicenseetosellorgivesamplesofalcoholic
beveragesofthetypespecifiedinthelicenseindesignatedareasateventsheldbythelicensee.A
tastinglicenseshallbeissuedforthepurposeoffeaturingandeducatingtheconsumingpublicaboutthe
alcoholicbeveragesbeingtasted.Aseparatelicenseshallberequiredforeachdayofeachtastingevent.
Notastinglicenseshallberequiredforconductauthorizedby§4.1201.1.
-
6.7.Museumlicenses,whichmaybeissuedtononprofitmuseumsexemptfromtaxationunder
§501(c)(3)oftheInternalRevenueCode,whichshallauthorizethelicenseeto(i)permitthe
consumptionoflawfullyacquiredalcoholicbeveragesonthepremisesofthelicenseebyanybonafide
memberandgueststhereofand(ii)servealcoholicbeveragesonthepremisesofthelicenseetoany
bonafidememberandgueststhereof.However,alcoholicbeveragesshallnotbesoldorchargedforin
anywaybythelicensee.Theprivilegesofthislicenseshallbelimitedtothepremisesofthemuseum,
regularlyoccupiedandutilizedassuch.
7.8.Equinesportingeventlicenses,whichmaybeissuedtoorganizationsholdingequestrian,hunt
andsteeplechaseevents,whichshallauthorizethelicenseetopermittheconsumptionoflawfully
acquiredalcoholicbeveragesonthepremisesofthelicenseebypatronsthereofduringsuchevent.
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However,alcoholicbeveragesshallnotbesoldorchargedforinanywaybythelicensee.The
privilegesofthislicenseshallbe(i)limitedtothepremisesofthelicensee,regularlyoccupiedand
utilizedforequestrian,huntandsteeplechaseeventsand(ii)exercisedonnomorethanfourcalendar
daysperyear.
8.9.Dayspalicenses,whichshallauthorizethelicenseeto(i)permittheconsumptionoflawfully
acquiredwineorbeeronthepremisesofthelicenseebyanybonafidecustomerofthedayspaand(ii)
servewineorbeeronthepremisesofthelicenseetoanysuchbonafidecustomer;however,the
licenseeshallnotgivemorethantwofiveounceglassesofwineorone12ounceglassofbeertoany
--
suchcustomer,norshallitsellorotherwisechargeafeetosuchcustomerforthewineorbeerserved
orconsumed.Theprivilegesofthislicenseshallbelimitedtothepremisesofthedaysparegularly
occupiedandutilizedassuch.
9.10.Motorcarsportingeventfacilitylicenses,whichshallauthorizethelicenseetopermitthe
consumptionoflawfullyacquiredalcoholicbeveragesonthepremisesofthelicenseebypatronsthereof
duringsuchevents.However,alcoholicbeveragesshallnotbesoldorchargedforinanyway,directly
orindirectly,bythelicensee.Theprivilegesofthislicenseshallbelimitedtothoseareasofthe
licenseespremisesdesignatedbytheBoardthatareregularlyoccupiedandutilizedformotorcar
sportingevents.
10.11.Mealassemblykitchenlicense,whichshallauthorizethelicenseetoservewineorbeeron
-
thepremisesofthelicenseetoanysuchbonafidecustomerattendingeitheraprivategatheringora
specialevent;however,thelicenseeshallnotgivemorethantwofiveounceglassesofwineortwo
-
12ounceglassesofbeertoanysuchcustomer,norshallitsellorotherwisechargeafeetosuch
-
customerforthewineorbeerservedorconsumed.Theprivilegesofthislicenseshallbelimitedtothe
premisesofthemealassemblykitchenregularlyoccupiedandutilizedassuch.
-
11.12.Canalboatoperatorlicense,whichshallauthorizethelicenseetopermittheconsumptionof
lawfullyacquiredalcoholicbeveragesonthepremisesofthelicenseebyanybonafidecustomer
attendingeitheraprivategatheringoraspecialevent;however,thelicenseeshallnotsellorotherwise
chargeafeetosuchcustomerforthealcoholicbeveragessoconsumed.Theprivilegesofthislicense
shallbelimitedtothepremisesofthelicensee,includingthecanal,thecanalboatswhileinoperation,
andanypathwaysadjacentthereto.Uponauthorizationofthelicensee,anypersonmaykeepand
consumehisownlawfullyacquiredalcoholicbeveragesonthepremisesinallareasandlocations
coveredbythelicense.
12.13.Annualartsvenueeventlicenses,topersonsoperatinganartsvenue,whichshallauthorize
thelicenseeparticipatinginacommunityartwalkthatisopentothepublictoservelawfullyacquired
wineorbeeronthepremisesofthelicenseetoadultpatronsthereofduringsuchevents.However,
alcoholicbeveragesshallnotbesoldorchargedforinanyway,directlyorindirectly,bythelicensee,
andthelicenseeshallnotgivemorethantwofiveounceglassesofwineorone12ounceglassofbeer
--
toanyoneadultpatron.Theprivilegesofthislicenseshallbe(i)limitedtothepremisesofthearts
venueregularlyoccupiedandusedassuchand(ii)exercisedonnomorethan12calendardaysper
year.
§4.1231.Taxesonstatelicenses.
-
A.Theannualfeesonstatelicensesshallbeasfollows:
1.Alcoholicbeveragelicenses.Foreach:
a.Distillerslicense,ifnotmorethan5,000gallonsofalcoholorspirits,orboth,manufactured
duringtheyearinwhichthelicenseisgranted,$450;ifmorethan5,000gallonsbutnotmorethan
36,000gallonsmanufacturedduringsuchyear,$2,500;andifmorethan5,00036,000gallons
manufacturedduringsuchyear,$3,725;
b.Fruitdistillerslicense,$3,725;
c.Banquetfacilitylicenseormuseumlicense,$190;
d.Bedandbreakfastestablishmentlicense,$35;
e.Tastinglicense,$40perlicensegranted;
f.Equinesportingeventlicense,$130;
g.Motorcarsportingeventfacilitylicense,$130;
h.Dayspalicense,$100;
i.Deliverypermit,$120ifthepermitteeholdsnootherlicenseunderthistitle;
j.Mealassemblykitchenlicense,$100;
-
k.Canalboatoperatorlicense,$100;and
l.Annualartsvenueeventlicense,$100.
2.Winelicenses.Foreach:
a.Winerylicense,ifnotmorethan5,000gallonsofwinemanufacturedduringtheyearinwhichthe
licenseisgranted,$189,andifmorethan5,000gallonsmanufacturedduringsuchyear,$3,725;
b.(1)Wholesalewinelicense,$185foranywholesalerwhosells30,000gallonsofwineorlessper
year,$930foranywholesalerwhosellsmorethan30,000gallonsperyearbutnotmorethan150,000
gallonsofwineperyear,$1,430foranywholesalerwhosellsmorethan150,000butnotmorethan
300,000gallonsofwineperyear,and,$1,860foranywholesalerwhosellsmorethan300,000gallons
3of6
ofwineperyear;
(2)Wholesalewinelicense,includingthatgrantedpursuantto§4.1207.1,applicabletotwoormore
-
premises,theannualstatelicensetaxshallbetheamountsetforthinsubdivisionb(1),multipliedby
thenumberofseparatelocationscoveredbythelicense;
c.Wineimporterslicense,$370;
d.Retailoffpremiseswinerylicense,$145,whichshallincludeadeliverypermit;
-
e.Farmwinerylicense,$190foranyClassAlicenseand$3,725foranyClassBlicense,eachof
whichshallincludeadeliverypermit;
f.Wineshipperslicense,$95;and
g.Internetwineretailerlicense,$150.
3.Beerlicenses.Foreach:
a.Brewerylicense,ifnotmorethan500barrelsofbeermanufacturedduringtheyearinwhichthe
licenseisgranted,$350;ifnotmorethan10,000barrelsofbeermanufacturedduringtheyearinwhich
thelicenseisgranted,$2,150;andifmorethan10,000barrelsmanufacturedduringsuchyear,$4,300;
b.Bottlerslicense,$1,430;
c.(1)Wholesalebeerlicense,$930foranywholesalerwhosells300,000casesofbeerayearor
less,and$1,430foranywholesalerwhosellsmorethan300,000butnotmorethan600,000casesof
beerayear,and$1,860foranywholesalerwhosellsmorethan600,000casesofbeerayear;
(2)Wholesalebeerlicenseapplicabletotwoormorepremises,theannualstatelicensetaxshallbe
theamountsetforthinsubdivisionc(1),multipliedbythenumberofseparatelocationscoveredbythe
license;
d.Beerimporterslicense,$370;
e.Retailonpremisesbeerlicensetoahotel,restaurant,cluborotherperson,exceptacommon
-
carrierofpassengersbytrainorboat,$145;foreachsuchlicensetoacommoncarrierofpassengersby
trainorboat,$145perannumforeachoftheaveragenumberofboats,diningcars,buffetcarsorclub
carsoperateddailyintheCommonwealth;
f.Retailoffpremisesbeerlicense,$120,whichshallincludeadeliverypermit;
-
g.Retailonandoffpremisesbeerlicensetoahotel,restaurant,cluborgrocerystorelocatedina
--
townorinaruralareaoutsidethecorporatelimitsofanycityortown,$300,whichshallincludea
deliverypermit;
h.Beershipperslicense,$95;and
i.Retailoffpremisesbrewerylicense,$120,whichshallincludeadeliverypermit.
-
4.Wineandbeerlicenses.Foreach:
a.Retailonpremiseswineandbeerlicensetoahotel,restaurant,cluborotherperson,excepta
-
commoncarrierofpassengersbytrain,boatorairplane,$300;foreachsuchlicensetoacommon
carrierofpassengersbytrainorboat,$300perannumforeachoftheaveragenumberofboats,dining
cars,buffetcarsorclubcarsoperateddailyintheCommonwealth,andforeachsuchlicensegrantedto
acommoncarrierofpassengersbyairplane,$750;
b.Retailonpremiseswineandbeerlicensetoahospital,$145;
-
c.Retailoffpremiseswineandbeerlicense,includingeachgiftshop,gourmetshopandconvenience
-
grocerystorelicense,$230,whichshallincludeadeliverypermit;
d.Retailonandoffpremiseswineandbeerlicensetoahotel,restaurantorclub,$600,whichshall
--
includeadeliverypermit;
e.Banquetlicense,$40perlicensegrantedbytheBoard,exceptforbanquetlicensesgrantedbythe
BoardpursuanttosubsectionAof§4.1215foreventsoccurringonmorethanoneday,whichshallbe
-
$100perlicense;
f.Gourmetbrewingshoplicense,$230;
g.Wineandbeershipperslicense,$95;
h.Annualbanquetlicense,$150;
i.Fulfillmentwarehouselicense,$120;
j.Marketingportallicense,$150;and
k.Gourmetoysterhouselicense,$230.
5.Mixedbeveragelicenses.Foreach:
a.Mixedbeveragerestaurantlicensegrantedtopersonsoperatingrestaurants,includingrestaurants
locatedonpremisesofandoperatedbyhotelsormotels,orotherpersons:
(i)Withaseatingcapacityattablesforupto100persons,$560;
(ii)Withaseatingcapacityattablesformorethan100butnotmorethan150persons,$975;and
(iii)Withaseatingcapacityattablesformorethan150persons,$1,430.
b.Mixedbeveragerestaurantlicenseforrestaurantslocatedonthepremisesofandoperatedby
private,nonprofitclubs:
(i)Withanaverageyearlymembershipofnotmorethan200residentmembers,$750;
(ii)Withanaverageyearlymembershipofmorethan200butnotmorethan500residentmembers,
$1,860;and
(iii)Withanaverageyearlymembershipofmorethan500residentmembers,$2,765.
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c.Mixedbeveragecatererslicense,$1,860;
d.Mixedbeveragelimitedcatererslicense,$500;
e.Mixedbeveragespecialeventslicense,$45foreachdayofeachevent;
f.Mixedbeverageclubeventslicenses,$35foreachdayofeachevent;
g.Annualmixedbeveragespecialeventslicense,$560;
h.Mixedbeveragecarrierlicense:
(i)$190foreachoftheaveragenumberofdiningcars,buffetcarsorclubcarsoperateddailyinthe
Commonwealthbyacommoncarrierofpassengersbytrain;
(ii)$560foreachcommoncarrierofpassengersbyboat;
(iii)$1,475foreachlicensegrantedtoacommoncarrierofpassengersbyairplane.
i.Annualmixedbeverageamphitheaterlicense,$560;
j.Annualmixedbeveragemotorsportsracetracklicense,$560;
k.Annualmixedbeveragebanquetlicense,$500;
l.Limitedmixedbeveragerestaurantlicense:
(i)Withaseatingcapacityattablesforupto100persons,$460;
(ii)Withaseatingcapacityattablesformorethan100butnotmorethan150persons,$875;
(iii)Withaseatingcapacityattablesformorethan150persons,$1,330;
m.Annualmixedbeveragemotorsportsfacilitylicense,$560;and
n.Annualmixedbeverageperformingartsfacilitylicense,$560.
6.Temporarylicenses.Foreachtemporarylicenseauthorizedby§4.1211,onehalfofthetax
--
imposedbythissectiononthelicenseforwhichtheapplicantapplied.
B.Thetaxoneachsuchlicense,exceptbanquetandmixedbeveragespecialeventslicenses,shallbe
subjecttoprorationtothefollowingextent:Ifthelicenseisgrantedinthesecondquarterofanyyear,
thetaxshallbedecreasedbyonefourth;ifgrantedinthethirdquarterofanyyear,thetaxshallbe
-
decreasedbyonehalf;andifgrantedinthefourthquarterofanyyear,thetaxshallbedecreasedby
-
threefourths.
-
Ifthelicenseonwhichthetaxisproratedisadistillerslicensetomanufacturenotmorethan5,000
gallonsofalcoholorspirits,orboth,duringtheyearinwhichthelicenseisgranted,orawinerylicense
tomanufacturenotmorethan5,000gallonsofwineduringtheyearinwhichthelicenseisgranted,the
numberofgallonspermittedtobemanufacturedshallbeproratedinthesamemanner.
Shouldtheholderofadistillerslicenseorawinerylicensetomanufacturenotmorethan5,000
gallonsofalcoholorspirits,orboth,orwine,applyduringthelicenseyearforanunlimiteddistillersor
winerylicense,suchpersonshallpayforsuchunlimitedlicensealicensetaxequaltotheamountthat
wouldhavebeenchargedhadsuchlicensebeenappliedforatthetimethatthelicensetomanufacture
lessthan5,000gallonsofalcoholorspiritsorwine,asthecasemaybe,wasgranted,andsuchperson
shallbeentitledtoarefundoftheamountoflicensetaxpreviouslypaidonthelimitedlicense.
Notwithstandingtheforegoing,thetaxoneachlicensegrantedorreissuedforaperiodoflessthan
12monthsshallbeequaltoonetwelfthofthetaxesrequiredbysubsectionAcomputedtothenearest
-
cent,multipliedbythenumberofmonthsinthelicenseperiod.
C.Nothinginthischaptershallexemptanylicenseefromanystatemerchantslicenseorstate
restaurantlicenseoranyotherstatetax.Everylicensee,inadditiontothetaxesimposedbythischapter,
shallbeliabletostatemerchantslicensetaxationandstaterestaurantlicensetaxationandotherstate
taxationthesameasifthealcoholicbeverageswerenonalcoholic.Inascertainingtheliabilityofabeer
wholesalertomerchantslicensetaxation,however,andincomputingthewholesalemerchantslicense
taxonabeerwholesaler,thefirst$163,800ofbeerpurchasesshallbedisregarded;andinascertaining
theliabilityofawholesalewinedistributortomerchantslicensetaxation,andincomputingthe
wholesalemerchantslicensetaxonawholesalewinedistributor,thefirst$163,800ofwinepurchases
shallbedisregarded.
§4.1233.Taxesonlocallicenses.
-
A.Inadditiontothestatelicensetaxes,theannuallocallicensetaxeswhichmaybecollectedshall
notexceedthefollowingsums:
1.Alcoholicbeverages.Foreach:
-
a.Distillerslicense,ifmorethan5,000gallonsbutnotmorethan36,000gallonsmanufactured
duringsuchyear,$750;ifmorethan36,000gallonsmanufacturedduringsuchyear,$1,000;andno
locallicenseshallberequiredforanypersonwhomanufacturesnotmorethan5,000gallonsofalcohol
orspirits,orboth,duringsuchlicenseyear;
b.Fruitdistillerslicense,$1,500;
c.Bedandbreakfastestablishmentlicense,$40;
d.Museumlicense,$10;
e.Tastinglicense,$5perlicensegranted;
f.Equinesportingeventlicense,$10;
g.Dayspalicense,$20;
h.Motorcarsportingeventfacilitylicense,$10;
i.Mealassemblykitchenlicense,$20;
-
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j.Canalboatoperatorlicense,$20;and
k.Annualartsvenueeventlicense,$20.
2.Beer.Foreach:
-
a.Brewerylicense,ifnotmorethan500barrelsofbeermanufacturedduringtheyearinwhichthe
licenseisgranted,$250,andifmorethan500barrelsofbeermanufacturedduringtheyearinwhichthe
licenseisgranted,$1,000;
b.Bottlerslicense,$500;
c.Wholesalebeerlicense,inacity,$250,andinacountyortown,$75;
d.Retailonpremisesbeerlicenseforahotel,restaurantorclubandforeachretailoffpremisesbeer
--
licenseinacity,$100,andinacountyortown,$25;and
e.Beershipperslicense,$10.
3.Wine.Foreach:
-
a.Winerylicense,$50;
b.Wholesalewinelicense,$50;
c.Farmwinerylicense,$50;and
d.Wineshipperslicense,$10.
4.Wineandbeer.Foreach:
-
a.Retailonpremiseswineandbeerlicenseforahotel,restaurantorclub;andforeachretail
-
offpremiseswineandbeerlicense,includingeachgiftshop,gourmetshopandconveniencegrocery
-
storelicense,inacity,$150,andinacountyortown,$37.50;
b.Hospitallicense,$10;
c.Banquetlicense,$5foreachlicensegranted,exceptforbanquetlicensesgrantedbytheBoard
pursuanttosubsectionAof§4.1215foreventsoccurringonmorethanoneday,whichshallbe$20
-
perlicense;
d.Gourmetbrewingshoplicense,$150;
e.Wineandbeershipperslicense,$10;
f.Annualbanquetlicense,$15;and
g.Gourmetoysterhouselicense,inacity,$150,andinacountyortown,$37.50.
5.Mixedbeverages.Foreach:
-
a.Mixedbeveragerestaurantlicense,includingrestaurantslocatedonthepremisesofandoperated
byhotelsormotels,orotherpersons:
(i)Withaseatingcapacityattablesforupto100persons,$200;
(ii)Withaseatingcapacityattablesformorethan100butnotmorethan150persons,$350;and
(iii)Withaseatingcapacityattablesformorethan150persons,$500.
b.Private,nonprofitcluboperatingarestaurantlocatedonthepremisesofsuchclub,$350;
c.Mixedbeveragecatererslicense,$500;
d.Mixedbeveragelimitedcatererslicense,$100;
e.Mixedbeveragespecialeventslicenses,$10foreachdayofeachevent;
f.Mixedbeverageclubeventslicenses,$10foreachdayofeachevent;
g.Annualmixedbeverageamphitheaterlicense,$300;
h.Annualmixedbeveragemotorsportsracetracklicense,$300;
i.Annualmixedbeveragebanquetlicense,$75;
j.Limitedmixedbeveragerestaurantlicense:
(i)Withaseatingcapacityattablesforupto100persons,$100;
(ii)Withaseatingcapacityattablesformorethan100butnotmorethan150persons,$250;
(iii)Withaseatingcapacityattablesformorethan150persons,$400;
k.Annualmixedbeveragemotorsportsfacilitylicense,$300;and
l.Annualmixedbeverageperformingartsfacilitylicense,$300.
B.Commoncarriers.Nolocallicensetaxshallbeeitherchargedorcollectedfortheprivilegeof
-
sellingalcoholicbeveragesin(i)passengertrains,boatsorairplanesand(ii)roomsdesignatedbythe
BoardofestablishmentsofaircarriersofpassengersatairportsintheCommonwealthforonpremises
-
consumptiononly.
C.Merchantsandrestaurantslicensetaxes.Thegoverningbodyofeachcounty,cityortownin
-
theCommonwealth,inimposinglocalwholesalemerchantslicensetaxesmeasuredbypurchases,local
retailmerchantslicensetaxesmeasuredbysales,andlocalrestaurantlicensetaxesmeasuredbysales,
mayincludealcoholicbeveragesinthebaseformeasuringsuchlocallicensetaxesthesameasifthe
alcoholicbeverageswerenonalcoholic.Nolocalalcoholicbeveragelicenseauthorizedbythischapter
shallexemptanylicenseefromanylocalmerchantsorlocalrestaurantlicensetax,butsuchlocal
merchantsandlocalrestaurantlicensetaxesmaybeinadditiontothelocalalcoholicbeveragelicense
taxesauthorizedbythischapter.
Thegoverningbodyofanycounty,cityortown,inadoptinganordinanceunderthissection,shall
providethatinascertainingtheliabilityof(i)abeerwholesalertolocalmerchantslicensetaxation
undertheordinance,andincomputingthelocalwholesalemerchantslicensetaxonsuchbeer
wholesaler,purchasesofbeeruptoastatedamountshallbedisregarded,whichstatedamountshallbe
6of6
theamountofbeerpurchaseswhichwouldbenecessarytoproducealocalwholesalemerchantslicense
taxequaltothelocalwholesalebeerlicensetaxpaidbysuchwholesalerand(ii)awholesalewine
licenseetolocalmerchantslicensetaxationundertheordinance,andincomputingthelocalwholesale
merchantslicensetaxonsuchwholesalewinelicensee,purchasesofwineuptoastatedamountshall
bedisregarded,whichstatedamountshallbetheamountofwinepurchaseswhichwouldbenecessary
toproducealocalwholesalemerchantslicensetaxequaltothelocalwholesalewinelicenseelicensetax
paidbysuchwholesalewinelicensee.
D.Delivery.Nocounty,cityortownshallimposeanylocalalcoholicbeverageslicensetaxonany
-
wholesalerfortheprivilegeofdeliveringalcoholicbeveragesinthecounty,cityortownwhensuch
wholesalermaintainsnoplaceofbusinessinsuchcounty,cityortown.
E.Applicationofcountytaxwithintown.Anycountylicensetaximposedunderthissectionshall
-
notapplywithinthelimitsofanytownlocatedinsuchcounty,wheresuchtownnow,orhereafter,
imposesatownlicensetaxonthesameprivilege.
§15.22288.3:2.Limiteddistillerslicense;localregulationofcertainactivities.
-
A.Localrestrictionuponactivitiesofdistillerieslicensedpursuanttosubdivision2of§4.1206to
-
marketandselltheirproductsshallbereasonableandshalltakeintoaccounttheeconomicimpacton
suchlicenseddistilleryofsuchrestriction,theagriculturalnatureofsuchactivitiesandevents,and
whethersuchactivitiesandeventsareusualandcustomaryforsuchlicenseddistilleries.Usualand
customaryactivitiesandeventsatsuchlicenseddistilleriesshallbepermittedunlessthereisa
substantialimpactonthehealth,safety,orwelfareofthepublic.
B.Nolocalityshallregulateanyofthefollowingactivitiesofadistillerylicensedundersubdivision
2of§4.1206:
-
1.Theproductionandharvestingofagriculturalproductsandthemanufacturingofalcoholic
beveragesotherthanwineorbeer;
2.Theonpremisessale,tasting,orconsumptionofalcoholicbeveragesotherthanwineorbeer
-
duringregularbusinesshoursinaccordancewithacontractbetweenadistilleryandtheAlcoholic
BeverageControlBoardpursuanttotheprovisionsofsubsectionDof§4.1119;
-
3.Thesaleandshipmentofalcoholicbeveragesotherthanwineorbeertolicensedwholesalersand
outofstatepurchasersinaccordancewithTitle4.1,regulationsoftheAlcoholicBeverageControl
--
Board,andfederallaw;
4.Thestorageandwarehousingofalcoholicbeveragesotherthanwineorbeerinaccordancewith
Title4.1,regulationsoftheAlcoholicBeverageControlBoard,andfederallaw;or
5.Thesaleofitemsrelatedtoalcoholicbeveragesotherthanwineorbeerthatareincidentaltothe
saleofsuchalcoholicbeverages.
C.Anylocalitymayexemptanydistillerylicensedinaccordancewithsubdivision2of§4.1206on
-
landzonedagriculturalfromanylocalregulationofminimumparking,roadaccess,orroadupgrade
requirements.
Attachment 3
ORDINANCE AMENDMENT
______________________________
Action:
PLANNING COMMISSION: July 15, 2015 Recommended Approval
BOARD OF SUPERVISORS: August 12, 2015 APPROVED DENIED
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING
ARTICLE IV - AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401 RA RURAL AREAS DISTRICT
§165-401.02 PERMITTED USES
ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING,
BUFFERS, AND REGULATIONS FOR SPECIFIC USES
PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204.22 FARM WINERIES
ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND
CONDITIONAL USE PERMITS
PART 101 GENERAL PROVISIONS
§165-101.02 DEFINITIONS AND WORD USAGE
WHEREAS,
an ordinance to amend Chapter 165, Zoning to the farm winery text to
include allowances for farm breweries and farm distilleries, new and updated definitions,
and revised regulations for wineries, breweries and distilleries was considered; and
WHEREAS,
the Planning Commission held a public hearing on this ordinance on July
15, 2015; and
WHEREAS,
the Board of Supervisors held a public hearing on this ordinance on August
12, 2015; and
WHEREAS,
the Frederick County Board of Supervisors finds that the adoption of this
ordinance to be in the best interest of the public health, safety, welfare, and in good
zoning practice; and
-1-
PDRes #30-15
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of
Chapter 165 Zoning, is amended to modify Article IV Agricultural
Supervisors that
and Residential Districts, Part 401 RA Rural Areas District; §165-401.02
Permitted Uses; Article II, Part 204 Supplementary Use Regulations, Parking,
Buffers, and Regulations for Specific Uses, §165-204.22 - Farm Wineries; Part 101
General Provisions, Article I General Provisions, Amendments, and Conditional
Use Permits, §165-101.02 Definitions and Word Usage; to
include allowances for
farm breweries and farm distilleries, new and updated definitions, and revised regulations
for wineries, breweries and distilleries.
Passed this 12th day of August, 2015 by the following recorded vote:
Richard C. Shickle, Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Charles S. DeHaven, Jr. ____
Gene E. Fisher ____ Jason E. Ransom ____
Robert W. Wells ____
A COPY ATTEST
______________________________
Brenda G. Garton
Frederick County Administrator
-2-
PDRes #30-15
AGRICULTURAL & FORESTAL DISTRICT UPDATE
SOUTH FREDERICK ADDITION
Staff Report for the Planning Commission
Prepared: July 27, 2015
Staff Contact: Mark Cheran, Zoning Administrator
Reviewed Action
Agricultural District Advisory Committee:
06/24/15 Recommended Approval
Planning Commission:
07/15/15 Public Hearing Held;
Recommended Approval
Board of Supervisors:
08/12/15 Pending
PROPOSAL:
Addition of a 175.00+/- acre parcel to the South Frederick Agricultural and Forestal
District.
LOCATION:
This addition located along Conestoga Lane.
MAGISTERIAL DISTRICT:
Back Creek Magisterial District.
EXECUTIVE SUMMARY FOR THE 08/12/15 BOARD OF SUPERVISORS MEETING:
This is a request to the Frederick County Board of Supervisors to add a 175.00+/- acre parcel to the
South Frederick Agricultural and Forestal District. The District currently has a total of 5,845.90+/-
acres. This District addition meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia,
1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. If
approved with the additional 175.00+/- acre parcel, the District would now have a total of 6,020.90+/-
acres. The 2015-2020 South Frederick Agricultural and Forestal District is a valid Agricultural and
The Agricultural District Advisory Committee (ADAC)
Forestal District through May 27, 2020.
unanimously recommended approval of the 175.00+/- acre 2015-2020 South Frederick
Agricultural and Forestal District at their meeting on June 24, 2015. The Planning Commission
unanimously recommended approval of the 175.00+/- acre 2015-2020 South Frederick
Agricultural and Forestal District at their meeting on July 15, 2015.
Following a public hearing, Board action of this 175+/- acre addition to South Frederick
Agricultural District would be appropriate.
South Frederick Agricultural and Forestal District Addition
July 27, 2015
Page 2
This report is prepared by the Frederick County Planning Staff t
Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors
to assist them in making a decision on this application. It may also b
in this matter. Unresolved issues concerning this application are noted by staff
throughout this staff report.
Reviewed Action
Agricultural District Advisory Committee:
06/24/15 Recommended Approval
Planning Commission:
07/15/15Public Hearing Held;
Recommended Approval
Board of Supervisors:
08/12/15 Pending
This is a request to the Frederick County Board of Supervisors to enlarge the South Frederick
Agricultural and Forestal District. This request is to add one parcel of 175.00+/- acres.
Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, enables local governments to
establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal lands for
the production of food and other agricultural products and to provide natural and ecological resources.
The Code of Virginia requires the local governing body to establish an ADAC for the purpose of
reviewing proposals that establish or renew Districts to ensure conformity with the provisions of
Section 15.2-4300. This District has update on May 27, 2015. Ultimately, the Board of Supervisors
approves, approves with modifications, or denies the proposal to add to an Agricultural and Forestal
District.
LOCATION AND SIZE:
This 175 +/- acre parcel is located in the Back Creek Magisterial District along Conestoga Lane.
The South Frederick Agricultural and Forestal District currently contains 5,845.90+/- acres. The
proposed addition of this parcel (Tax Map Number: 85-A-3) of 175.00+/- acres will increase the
District to a total acreage 6,020.90+/- acres.
AGRICULTURAL & FORESTAL SIGNIFICANCE:
The agricultural operations in the District are 90 percent agriculture (orchard, and crop harvesting) and
10 percent open-space/woodlands. This parcel is agriculture in nature. The area within the District is
rural in nature.
LAND USE:
The parcel is agricultural and residential use.
COMPREHENSIVE PLAN:
The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when
considering land use actions. The District is outside the Urban Development Area (UDA) and Sewer
and Water Service Area (SWSA), and is not part of any land use plan or study by the County. The
current land use should remain in its present land use of pristine condition with orchards, agricultural,
and residential.
South Frederick Agricultural and Forestal District Addition
July 27, 2015
Page 3
economy and to maintain the rural character of areas outside of the Urban Development Area. The
Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural
and Forestal Districts. The Comprehensive Plan supports the addition of this parcel, for it provides an
opportunity for the agribusiness community to conduct long range planning efforts for the management
of their operations, while providing a reserve of agricultural land through the year 2020.
LAKES/PONDS/STREAMS:
The parcel lies primarily within the Opequon Creek and Stephens Run drainage area. The parcel will
SOILS:
The general relief of the parcel varies from rolling hills to flat land to the north, west, south and east.
This parcel lies within the Opequon Creek watershed and water is available from ponds, wells and
springs.
PRIME AGRICULTURE SOIL:
The largest amount of prime agricultural soils located on the parcel is Frederick-Poplimento.
STAFF CONCLUSIONS FOR THE 08/12/15 FREDERICK COUNTY BOARD OF
SUPERVISORS MEETING:
Based on this information, staff feels that this addition is agriculturally significant as outlined in the
Agricultural and Forestal Districts Act. Furthermore, this addition
Comprehensive Policy Plan which labels the area as rural. This is a request to the Frederick County
Planning Commission to enlarge the South Frederick Agricultural and Forestal District. The South
Frederick Agricultural and Forestal District, has a total of 5,845.90+/- acres. This addition meets the
intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been
evaluated in conjunction with the 2030 Comprehensive Plan. This addition to the District provides an
opportunity for the agribusiness community to conduct long range planning efforts for the management
of their operations, while providing a reserve of agricultural land through the year 2020. Should this
additional 175.00 +/-acre parcel be approved, the 6,020.90+/- acres District will be referred to as the
2015-2020 South Frederick Agricultural and Forestal District and will be a valid Agricultural and
The Agricultural District Advisory Committee (ADAC)
Forestal District through May 27, 2020.
unanimously recommended approval of the 175+/- acre 2015-2020 South Frederick Agricultural
and Forestal District at their meeting on June 24, 2015. The Planning Commission unanimously
recommended approval of the 175+/- acre 2015-2020 South Frederick Agricultural and Forestal
District at their meeting on July 15, 2015.
Following a public hearing, Board action of this 175+/- acre addition to South Frederick
Agricultural District would be appropriate.
0
1
37
ST
622
Winchester
ST
628
0
1
37
ST
622
§¦¨
81
0
1
Stephens City
11
ST
628
01
277
85 A 3
175 Acre Addition
Future Route 37 Bypass
District Acreage: 6,020.90 Ac.
I
2015-2020 South Frederick Addition
Agricultural & Forestal District
Note:
00.4250.851.7Miles
Frederick County Dept of Planning & Development
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: May 28, 2015
ADDITION
Action:
PLANNING COMMISSION: July 15, 2015 - Recommended Approval
BOARD OF SUPERVISORS: August 12, 2015 APPROVED DENIED
ADDITION TO THE
SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT
WHEREAS,
a proposal to increase the South Frederick Agricultural & Forestal District by
175 acres, was considered. The property is located in the Back Creek Magisterial District along
Conestoga Lane and is identified by Property Identification Number 85-A-3.
WHEREAS,
The Agricultural District Advisory Committee (ADAC) recommended
approval of this proposal on June 24, 2015; and
WHEREAS,
the Planning Commission held a public hearing and recommended approval on
this proposal to increase the South Frederick Agricultural & Forestal District on July 15, 2015; and
WHEREAS,
the Board of Supervisors held a public hearing on this proposal to increase the
South Frederick Agricultural & Forestal District on August 12, 2015; and
WHEREAS,
the Frederick County Board of Supervisors finds the addition to the South
Frederick Agricultural & Forestal District contributes to the conservation and preservation of
agricultural and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of Supervisors
as follows:
The Frederick County Board of Supervisors hereby increases the 2015-2020 South Frederick
Agricultural & Forestal District by 175 acres, to a total of 6,020.90 acres in the Back Creek
Magisterial District, with an expiration and renewal date of May 27, 2020. This Agricultural &
Forestal District is as described on the attached map.
PDRes. #33-15
-2-
This ordinance shall be in effect on the day of adoption.
Passed this 12th day of August, 2015 by the following recorded vote:
Richard C. Shickle, Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Robert W. Wells ____
Gene E. Fisher ____ Charles S. DeHaven, Jr. ____
Jason E. Ransom ____
A COPY ATTEST
_________________________________
Brenda G. Garton
Frederick County Administrator
PDRes. #33-15
Page 2
Memorandum to Board of Supervisors
Public Hearing – Consideration for Inclusion of Parcels of Less than 5 Acres into the 2015-2020
Agricultural and Forestal Districts
July 27, 2015
Background:
The County’s Agricultural and Forestal District Program is intended to recognize, promote,
embrace, and protect ouragricultural economy. One strategy utilized to protect agricultural
operations is an ordinance requirement that establishes a 200-foot building setback against the
agricultural district; essentially working to minimize impacts on agricultural activities from non-
agricultural structures. The 200-foot building setback(i.e. ‘buffer’)from Agricultural Districts
was adopted into the Zoning Ordinance on May 28, 2007.
In February 2015, the Agricultural District Advisory Committee (ADAC) found that parcels less
than five (5) acres, not in the Land Use Assessment Program, and in an Agricultural District,
could be placing unintended restrictions on adjacent properties. The concern was that placement
of these parcels of less than five (5) acres in size into the Agricultural District did not clearly
further agriculturepursuits and interests, yet the resulting 200-foot setback placed greater
restrictions on their adjacent neighbors. Essentially, someone with a two (2) acre parcel could
control development activity on their two (2) acres as well as their neighbor’s two (2) acres
(when the 200-ft setback was applied).At their April 20, 2015 meeting, the ADAC
recommended that such properties not be included in the Agricultural District. On May 20,
2015, the Planning Commission endorsed the ADAC’s April 20, 2015 recommendation.
On May 27, 2015, the Frederick County Board of Supervisors adopted the eight(8) 2015-2020
Agricultural and Forestal Districts totaling 11,425 acres. Forty-six (46) parcels totaling eighty-
seven (87) acres were not included in the adopted 2015-2020 Agricultural and Forestal Districts.
These forty-six (46) parcels were each less thanfive (5) acres in size and were not participants in
the County’s Land Use Assessment Program. During the Board’s public hearing, a number of
property owner’s voiced concern that they wanted their smaller parcels included in the
Agricultural Districts, and more importantly, were not aware that their parcels were not included
in the Planning Commission’s recommendation, nor had their parcels been advertised for
inclusion. On May 27, 2015, the Board of Supervisors requested that each of
given further consideration, and that the property owners be give
participate in the evaluation.
In response to the Board of Supervisors’ May 27, 2015 request, the ADAC held a meeting on
June 24, 2015, to reconsider including theforty-six (46) parcels of less than five (5) acres into
the County’s Agricultural and Forestal Districts. Staff presentedfor review each of theforty-six
(46) parcels previously not included in the District. The property owners where offered an
opportunity to voice their position regarding placement of their less than 5 acre parcels into the
Agricultural and Forestal District. A number of property owners attended the meeting and voiced
their preference that their parcels be included in the Agricultural and Forestal Districts. The
ADAC discussion did include a review of how placement of a parcel into an Agricultural and
Page 3
Memorandum to Board of Supervisors
Public Hearing – Consideration for Inclusion of Parcels of Less than 5 Acres into the 2015-2020
Agricultural and Forestal Districts
July 27, 2015
Forestal District would place additional setback restrictions of 200 feet on adjoining properties.
Ultimately, the ADAC supported the interests of property owners wanting participation and
inclusion in the Agricultural and Forestal Districts. The ADAC recommended that all forty-six
(46) parcels be included in their respective Districts.
The Planning Commission held a public hearing on July 15, 2015, to review theforty-six (46)
parcels. Several property owners spoke to request that their property remain in the Agricultural
and Forestal Districts.One adjacent property owner expressed his concern that a 200-foot
setback would render his property unbuildable –devaluing the property from approximately $70-
80,000 to less than $20,000.
The Planning Commissionnoted that the County’sAgricultural and Forestal District Program is
intended to recognize, promote, and protect our agricultural economy. The strategy utilized to
protect agricultural operations is an ordinance requirement that establishes a 200-foot building
setback against the agricultural district; essentially working to minimize impacts on agricultural
activities from non-agricultural structures. The Planning Commissioners questioned if it was
appropriate that parcels less than five (5) acres be included within an Agricultural and Forestal
District, as these parcels wouldbe placing unintended restrictions on adjacent propertiesnot in
an Agricultural and Forestal District.
At the request of numerous Planning Commission members, and prior to its July 15, 2015
meeting, staff broke down theforty-six (46) affected properties into three groups forevaluation
and review. The first group was properties encapsulated/surrounded by existing Agricultural and
Forestal Districts. The second group was properties that were neither adjacent nor encapsulated
by existing Agricultural and Forestal Districts.The third group was properties adjacent to an
existing Agricultural and Forestal District.A table of the three groups has been included with
this memorandum for your review. (Attachment 3)
The Planning Commission in reviewing the forty-six (46) parcels of less than five (5) acres
believed that the increased setback to adjoining properties not in the Agricultural and Forestal
District did place unintended restrictionson adjacent properties. Furthermore, the Planning
Commission felt the undue burden placed on the effected property owner was not the intent of
the Agricultural and Forestal Districts; the effected property owner would require relief from the
greater setbackand this relief could only be accomplished by a variance via the Board of Zoning
Appeals at a cost of $400.00.
Page 4
Memorandum to Board of Supervisors
Public Hearing – Consideration for Inclusion of Parcels of Less than 5 Acres into the 2015-2020
Agricultural and Forestal Districts
July 27, 2015
The Planning Commission,using the 3 part table,recommended the following actions (See
Attachment 3):
22 Parcels with a total of 61.95 +/- acres not be added to the districts.
24 Parcels with a total of 46.35 +/- acres to be added to the districts.
The total acreage of the County’s eight (8) Agricultural and Forestal Districts as a result of the
Planning Commission recommendation would be 11,646.35 +/- acres.
Attachment1
MEETING SUMMARY
OF THE
AGRICULTURAL DISTRICT ADVISORY COMMITTEE
Held in the Board of Supervisors Room of the Frederick County Ad
Kent Street in Winchester, Virginia on June 24, 2015.
PRESENT: Carly C. Ay, Stonewall District; Dudley H. Rinker, Back Creek Di
District; John D. Cline, Stonewall District; and Cordell L. Watt
ABSENT: Harman Brumback, Back Creek District; Jason McDonald, Shawnee Di
Back Creek District Alternate
Staff: Eric Lawrence, Director of Planning & Development; Mark R. Cher
Pam Deeter, Secretary
OTHER: Ellen Murphy, Commissioner of Revenue; Seth Thatcher, Assessor; ight property owners
and/or representatives.
The meeting was called to order by Mr. Cheran. Items one and tware two new
properties that want to come into the Agricultural and Forestal
properties that were not included in the renewal of the 2015-202
which the Board of Supervisors requests a re-evaluation.
Mr. Cheran stated that people continue to express a desire to be
agenda this evening is an opportunity to consider their addition
Item 1: Addition of 5 acres, PIN 43-A-159A, to 2015-2020 Red Bud
This is a request to the Frederick County Agricultural District
acre parcel, PIN 43-A-159A, to the 2015-2020 Red Bud Agricultura
located along Red Bud Road and the District currently has 985.59acres. If approved this would increase
the 2015-2020 Red Bud Agricultural and Forestal District to 990. This addition meets the
intent of Chapter 43, Section 15.2-4300 of the Code of Virginia,
with the 2030 Comprehensive Plan which keeps this area rural in
On a motion made by Mr. Rinker and seconded by Mr. Watt, the ADAed approval of the
addition of the 5.0+/- acres, PIN 43-A-159A, to the 2015-2020 Red Bud Agricultural and Forestal District.
1
Item 2: Addition of 175 acres, PIN 85-A-3, to 2015-2020 South Frederick Agricultural and Forestal
District
This is a request to the Frederick County Agricultural District
acre parcel, PIN 85-A-3, to the 2015-2020 South Frederick Agricu
located along Conestoga Lane. If approved this would increase t
Agricultural and Forestal District to 6,020.90+/- acres. This addition meets the intent of Chapter 43,
Section 15.2-4300 of the Code of Virginia, and has been evaluate
Comprehensive Plan which keeps this area rural in nature.
On a motion made by Mr. Watt and seconded by Mr. Rinker, the ADAed approval of the
addition of the 175 acres, PIN 85-A-3, to the 2015-2020 South Frederick Agricultural and Forestal
District.
Item 3: Re-Evaluation of the addition of 46 parcels, totaling 87 acres, to
Forestal Districts.
Mr. Cheran gave background information that at the ADAC meeting in February 2015, ADAC discussed
whether properties that were less than 5 acres in size and not i
Program should be included in an agricultural and forestal distr
District could impact adjacent property owners by requiring a bu
agricultural district boundaries. The ADAC recommended that su
Agricultural and Forestal District.
The Board of Supervisors met on May 27, 2015, and adopted the eight 2015-2020 Agricultural
Forestal Districts totaling 11,425 acres which did not include 4
Program. The Board of Supervisors
requested that the ADAC review the 46 parcels, and permit the 46
participate in the evaluation.
Before the presentation started, an ADAC member spoke about the
helped create the individual Agricultural and Forestal Districts
agricultural in the County, and therefore should be included in
Mr. Cheran stated that as the ADAC reviews the 46 parcels, staff
parcel, and include the 200 foot buffer area on adjacent propert
2
PIN 42-A-61 Mr. Cheran started his presentation with the Albin District. Th
and the size of the parcel is 2.50 acres. A committee member sp
landowner if he wants to be in the Agricultural District to prot
surrounded by the Agricultural District, and there are no adjace
Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommen
A-61 into the 2015-2020 Albin Agricultural and Forestal District.
PIN(s) 31-A-170 and 31-A-171 Located in the Apple Pie Ridge District, these two parcels are o
Fruit Hill Orchard Inc. One parcel has 0.34 acres and the other
200 foot setback of how it would affect adjoining property owner
that these properties already adjoin an orchard.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN(s) 31-A-170 and 31-A-171 into the 2015-2020 Apple Pie Ridge Agricultu
Forestal District.
PIN 85-A-25 The next 10 properties are located in the Double Church Agricult
The first to consider is PIN 85-A-25, a 0.50 acre parcel owned b
with limited expansion opportunity. Placement of the property i
additional setback burdens on its adjacent properties. A committif this restriction
affects the parcel that is in Agricultural District from buildin
member stated then why do we want to restrict an adjacent parcel
A committee member said if a landowner wants to be back in the D
in. A question was posed is this a new addition or was this proper
replied this landowner was already in the District.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
including PIN 85-A-25 into the 2015-2020 Double Church Agricultu
committee member opposed the motion.
PIN 85-A-33 PIN 85-A-33 is owned by Jessie Judd and the parcel size is 0.37
the buffers on the map which could affect the properties to the . It was noted that
placement of this property in the District is impacting the neig
fields were in the Agricultural District and Mr. Cheran said no.
Another member spoke up and said he helped to form the District.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
including PIN 85-A-33 into the 2015-2020 Double Church Agricultu
committee members opposed the motion.
3
PIN 85-A-132 PIN 85-A-132 is owned by Sandra Ritenour, and is 3.67 acres. The property owner came
forward to speak. This piece of land was cut from the original on the
property and surrounding this property is Agricultural and Fores
property owners stated she has raised corn, steers, goats, and s
would like to stay in the District.
On a motion made by Mr. Stetzl and seconded by Mr. Rinker, the A
approval of including PIN 85-A-132 into the 2015-2020 Double Chu
PIN 85-A-139A PIN 85-A-139A is owned by Gary and Linda Scothorn, and contains
Scothorn came forward to speak. Mr. Scothorn confirmed the areahe could build. He expressed
that he would obtain a building permit if he decided to build. H
property and he owns several other smaller parcels with separate
On a motion made by Mr. Ay and seconded by Mr. Stelzel, the ADAC
approval of including PIN 85-A-132 into the 2015-2020 Double Chu
PIN 86-A-33 PIN 86-A-33 is owned by Betty Stelzl, and contains .12 acres.
mother, and stated that the buffer does come onto his farm whichAgricultural District and also
across the road and this property is surround by farmland. This
when Grim Road went in this piece of property was separated from
On a motion made by Mr. Rinker and seconded by Mr. Ay, the ADAC
approval of including PIN 86-A-33 into the 2015-2020 Double Chur
Mr. Stelzl abstained from voting and the vote was unanimously pa
PIN 86-A-230A PIN 86-A-230A is owned by Jeffery and Joseph Gore, and the pa
Cheran said the 200 foot buffer has been placed on the map and t
property owners
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 86-A-230A into the 2015-2020 Double Ch
District.
PIN 86-A-231 PIN 86-A-231 is owned by Fred Gore, and the parcel has 2.50 acre
appears to be less than 100 feet wide, possibly an old right-of-way. The properties on both side of this
parcel are in the Agricultural and Forestal District.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 86-A-231 into the 2015-2020 Double Church Agricultural and Forestal Dis
PIN 86-A-245 PIN 86-A-245 is owned by John and Virginia Booth and the parcel A
committee member spoke up and said that Ms. Booth contacted him
in the Agricultural and Forestal District.
4
On a motion made by Mr. Rinker and seconded by Mr. Cline, the AD
approval of including PIN 86-A-245 into the 2015-2020 Double Chu
PIN(s) 86-A-264 and 86-A-264A PIN(s) 86-A-264 and 86-A-264A are owned by Shirley Ritenour, one
parcel is 0.50 and the other is 0.53 acres in size. A committee
back is Clevenger Property and to the best of his knowledge thisDistrict.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 86-A-264 and 86-A-264A into the 2015-2
Forestal District.
PIN 43-A-159 The next 11 properties are located in the Red Bud Agricultural a
first to consider is PIN 43-A-159, a 2 acre property owner by R
Mr. Oates came forward to speak on behalf of the property owner.
of the R & J Land Development land was just recommended for appr
go into the Agricultural District.
that is a front setback and on other side of this property is a
impact on this property. The landowner wants to stay in the Agr
all buffer stops at the state maintained road or right-of- the road.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 43-A-159 into the 2015-2020 Red Bud Ag
PIN 44-A-28C PIN 44-A-28C is owned by Robert and Marsha Boden and the parcel
Oates came forward to speak on behalf of the landowners. The pr
are in the Agricultural District. When the District was formed t
a lot of these little parcels to meet the criteria to form a Dis
parcels.
A committee member gave his opinion that putting on an addition
different from someone trying to put in 20 lots. Maybe there ne
Mr. Cheran said if you are adding onto the principal structure t
play. Now, if you were putting up an acces
On a motion made by Mr. Rinker and seconded by Mr. Ay, the ADAC
approval of including PIN 44-A-28C into the 2015-2020 Red Bud Ag
PIN 44D-2-6 PIN 44D-2-6 is owned by Charles Willis and the parcel is 2.00 a
contacted staff and wants to be in the Agricultural and Forestal District
when this District was formed he needed this piece to connect to
the Agricultural District. Mr. Oates said when the District was formed there was no lot size. We need to
5
have 200 acres to form the Districts and the properties could be
be in the Agricultural District.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 44D-2-6 into the 2015-2020 Red Bud Agr
PIN 55-A-5B PIN 55-A-5B is owned by Vera Herring and the parcel size is 1.0
again this is another property that helped form the District. T
belongs to her son; to the West is the Battlefield. Ms. Herring affect anyone since
surrounding property is in Agricultural District.
On a motion made by Mr. Rinker and seconded by Mr. Cline, the AD
approval of including PIN 55-A-5B into the 2015-2020 Red Bud Agr
PIN 55-A-5D PIN 55-A-5D is owned by Kevin Herring and the parcel size is 1.21 acres. Mr.
this is Vera Herring son and he is surrounded by Agricultural District land.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 55-A-5D into the 2015-2020 Red Bud Agr
PIN 55-A-14 PIN 55-A-14 is owned by Ernest Lam and the parcel size is 2.00 acres. The buf
shown on the map for viewing to the Committee. Mr. Oates spoke
helped form the District and would like to remain in the Distric
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 55-A-14 into the 2015-2020 Red Bud Agr
PIN(s) 55-A-115 and 55-A-117 PIN(s) 55-A-115 and 55-A-117 are owned by Mr. Jeff Jenkins through
two different holding companies: Jeffrey Jenkins and R & J Land
has 1.75 acres and the R & J Land Development has 4.33 acres in
both surrounded by Church and a subdivision
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN(s) 55-A-115 and 55-A-117 into the 2015-2020 Red Bud Agricultural and
Forestal District.
PIN 55-A-118 PIN 55-A-118 is owned by Dawn Stultz and her parcel contains 1.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 55-A-118 into the 2015-2020 Red Bud Ag
PIN(s) 55-A-177 and 55-A-178A PIN(s) 55-A-177 and 55-A-178A are owned by William Schuller Jr., and
William and Genevieve Schuller. One parcel contains 0.38 acres a
in size. Mr. Oates said Mr. Schuller has purchased these proper
consolidated the land. Each of the properties might have an old
Mr. Schuller has cattle on the land and also uses the fields for
6
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 55-A-177 and 55-A-178A into the 2015-2
District.
PIN 77-A-83 The next 21 properties are located in the South Frederick Agricultural and
The first to consider is PIN 77-A-83, a 0.5 acre property owned
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 77-A-83 into the 2015-2020 South Frede
PIN(s) 73-A-27 and 73-A-28 PIN(s) 73-A-27 and 73-A-28 are owned by Martha Cooley and Vernon Riding
Trust. Ms. Cooley property has 4.00 acres in size and the Trust property has 4.00se
properties are along Germany Road.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended
approval of including PIN(s) 73-A-27 and 73-A-28 into the 2015-2020 South Frederick Agricultural and
Forestal District.
PIN(s) 73-A-30, 73-A-30A, and 73-A-30E PIN(s) 73-A-30, 73-A-30A, and 73-A-30E are owned by Dudley
other property is 1.01 acres in size. Mr. and Mrs. Noffke property has 1.71 acres. Mr. Rinker has
abstained from the vote.
On a motion made by Mr. Cline and seconded by Mr. Stelzl, the AD
approval of including PINs 73-A-30, 73-A-30A, and 73-A-30E into the 2015-2020 South Frederick
Agricultural and Forestal District.
PIN 73-A-34 PIN 73-A-34 is owned by Charles Hamilton and consists of 4.80 acres.
On a motion made by Mr. Cline and seconded by Mr. Rinker, the AD
approval of including PIN 73-A-34 into the 2015-2020 South Frederick Agricultural and Forest
PIN 73-A-38 PIN 73-A-38 is owned by Mark and Roxanna Orndorff and consists
property is along Middle Road.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 73-A-38 into the 2015-2020 South Frederick Agricultural and Forest
PIN 73-12-11 PIN 73-12-11 is owned by Charles and Vicky Murphy and consists of 2.86 ac
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 73-12-11 into the 2015-2020 South Frederick Agricultural and Forestal
7
PIN(s) 73-12-23 and 73-12-26 PIN(s) 73-12-23 and 73-12-26 are owned by David and Patricia Hlavinka
and David and Julie Menefee. The Hlavinka property consists of
consists of 2.29 acres in size. The Menefee sent in a letter wa It
was noted that these lots are in a Rural Preservation Subdivisio
200 foot Agricultural District buffer will not affect the lots w
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN(s) 73-12-23 and 73-12-26 into the 2015-2020 South Frederick Agricultural and
Forestal District.
PIN 74-A-10F PIN 74-A-10F is owned by Larry and Joyce Earhart and consists o. Mr. and
Mrs. Earhart came forward to speak. Mrs. Earhart expressed their concerns
have to be in land use to be in the Agricultural District and th
they have a small parcel which is not in the land use program. They support the Agricultural District and
have been in the district for many years. The surrounding propA
committee member asked the property owner if their larger property is in the Land Use Program and
Agricultural and Forestal District Program. Mrs. Earhart said y stated
that they did not want their neighbor to construct a house, and
District buffer placed on the adjacent property would prohibit t
adjacent property, further preserving their farming operation.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 74-A-10F into the 2015-2020 South Frederick Agricultural and Fores
PIN(s) 74-A-14, 74-A-15A, and 74-A-15 PIN(s) 74-A-14, 74-A-15A, and 74-A-15 are owned by Cheryl
Humphries and Pamela Lewis. Two of the properties owned by Ms. H
1.23 acres. The joint property with Pamela Lewis is 3.00 acres
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN(s) 74-A-14, 74-A-15A, and 74-A-15 into the 2015-2020 South Frederick
Agricultural and Forestal District.
PIN 61-A-23A PIN 61-A-23A is owned by BHS, LC and the parcel is 1.00 acre in
On a motion made by Mr. Rinker and seconded by Mr. Watt, the ADA
approval of including PIN 61-A-23A into the 2015-2020 South Frederick Agricultural and Fores
PIN 62-A-27 PIN 62-A-27 is owned by William Copenhaver and the parcel is 1.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 62-A-27 into the 2015-2020 South Frederick Agricultural and Forest
8
PIN 61-A-29 PIN 61-A-29 is owned by BHS, LC and the parcel is 1.25 acres in size.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 61-A-29 into the 2015-2020 South Frederick Agricultural and Forest
PIN(s) 61-A-43E and 61-A-44 PIN(s) 61-A-43E and 61-A-44 are owned by Carol Melby and Joseph
Snapp. Ms. is property is 1.00 acre in size and Mr. Snapp is 2.20 acres.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN(s) 61-A-43E and 61-A-44 into the 2015-2020 South Frederick Agricultur
Forestal District.
PIN 73-A-64A PIN 73-A-64A is owned by Holly and Samuel Dillender and the par
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended
approval of including PIN 73-A-64A into the 2015-2020 South Frederick Agricultural and Fores
PIN 26-A-61A The next parcel is located in the South Timber Ridge Agricultura
PIN 26-A-61A, is a 2 acre property owned by CLW Holdings. The surrounding is al
Forestal District.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 26-A-61A into the 2015-2020 South Timber Ridge Agricultural and Fo
District. Mr. Watt abstained from the vote.
Mr. Cheran will take the recommendation to the Planning Commissi
of Supervisors on August 12, 2015.
Mr. Watt wanted to get the opinion of the committee members abou
home. Mr. Watt stated that he does not believe the intent of an
ing addition to his or her house. But,
A committee member noticed on the map that the future Route 37 e
and Forestal District. The committee member wanted to know how
noted that when an Agricultural District is either created or re
noted that a major road or subdivision is in the Comprehensive P
establishment of the Agricultural District will hinder the abili
But it was also noted that the Board could elect not to include a parc
planned infrastructure was envisioned to be constructed within t
9
the planned infrastructure should supersede the agricultural protections offered by participation in an
Agricultural District.
A committee member had a question about PATH (Power Lines). If
Forestal District, is approached by a utility company for a righof-way through his property is this
allowed. Mr. Cheran replied the way state code is written it s
District and should be taken into consideration but not sure if
landowner opposed this action it would certainly strengthen the
District.
The meeting adjourned at 7:25 p.m.
10
Attachment2
PUBLIC HEARING
Addition to the South Frederick Agricultural and Forestal District –The proposed addition is a
175.00+/- acre tract within one parcel and is located in the Back Creek District along Conestoga
Lane.
Action – Recommend Approval
Zoning and Subdivision Administrator, Mark R. Cheran, reported this is a request to add
a 175.00+/- acre parcel to the South Frederick Agricultural and Forestal District. Mr. Cheran explained
the District currently has a total of 5,845.90+/- acres and if approved with the additional 175.00+/- acre
parcel, the District would now have a total of 6,020.90+/- acres. Mr. Cheran noted the Agricultural
District Advisory Committee (ADAC) unanimously recommended approval of this item at their June 24,
2015 meeting.
Chairman Wilmot opened the public hearing to citizen comments. No one came forward
to speak and Chairman Wilmot closed the public comment portion of the hearing.
There were no questions or comments from Commission members at this time.
Upon motion made by Commissioner Marston and seconded by Commissioner Thomas,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the Addition to the South Frederick Agricultural and Forestal District – The
proposed addition is a 175.00+/- acre tract within one parcel and is located in the Back Creek District
along Conestoga Lane.
(Note: Commissioners Oates and Unger were absent from the meeting)
-------------
2015-2020 Agricultural and Forestal District Addition of Parcels Less than 5 Acres –This Public
Hearing is to consider the addition of 46 parcels, each less than 5 acres in size to the following
Districts: Albin, Apple Pie Ridge, Double Church, Red Bud, South Frederick, and South Timber
Ridge Districts. This could add up to an additional 87 acres to the established 11,425.93 acres
within the Agricultural and Forestal District Program for the ensuing five year period. Properties
that are incorporated into and Agricultural and Forestal District are guaranteed certain protection
as specified in Section 15.2-4300 of the Code of Virginia.
Action- Listed separately below
Zoning and Subdivision Administrator, Mark R. Cheran, reported in February 2015 the
Frederick County Agricultural District Advisory Committee (ADAC) met to consider the eight
Agricultural and Forestal Districts the County currently has. He explained during the review process, the
ADAC found there were parcels less than 5 acres, not in the Land Use Assessment Program, and in an
Agricultural District. Mr. Cheran noted that the ADAC felt this could be placing unintended restrictions
on adjacent properties that would include excessive building setbacks and eliminating opportunity for
placement of buildings on a property. Therefore, the ADAC recommended such properties not be
included in the Agricultural and Forestal Districts.
Mr. Cheran referenced the May 27, 2015 Frederick County Board of Supervisors meeting
at which time the eight 2015-2020 Agricultural and Forestal Districts totaling 11,425 acres were adopted.
He noted forty-six (46) parcels totaling 87 acres were not included in the adopted Agricultural and
Forestal Districts. These 46 parcels were each less than 5 acres and were not participants in the County’s
Land Use AssessmentProgram. Mr. Cheran reported, as a result the Board of Supervisors requested each
of these parcels be given further consideration and the property owners be given an opportunity to
participate in the evaluation.
Mr. Cheran reported, on June 24, 2015 the ADAC held a meeting to consider the
inclusion of the 46 parcels of less than 5 acres into the County’s Agricultural and Forestal Districts. He
noted, the 46 property owners were invited to participate and 10 properties were represented at the
meeting.
Mr. Cheran shared the comments from the Agricultural District Advisory Committee
(ADAC) and the comments are as follows:
Importance of Agricultural Districts and to welcome all who wish to be included
Important to recognize those properties that were part of the original creation of the
Districts, without which the District may not have qualified
Important to recognize that inclusion in the Agricultural District creates impacts (greater
setbacks) on adjacent properties, therefore it must be deemed appropriate to include a
parcel if it is not directly contributing to farm use
Mr. Cheran noted, the ADAC recommended approval for inclusion of all 46 parcels into
the Agricultural District program.
Mr. Cheran reported, Staff notified the 46 property owners as well as the adjoining
property owners. At the recommendation of the Planning Commission, the 46 parcels were organized
into three groups and are as follows:
Group 1 – Parcels not adjacent nor encapsulated by existing Agricultural Districts
Group 2 – Parcels adjacent to existing Agricultural Districts
Group 3 – Parcels encapsulated by existing Agricultural Districts
Commissioner Thomas inquired what the impact to the 46 parcels is if they would not be
included back in the Agricultural and Forestal Districts. Mr. Cheran noted, there would not be any
impacts. He continued, if the parcels were in the Land Use Assessment Program there may be tax
impacts; however, these 46 parcels are not in the Land Use Assessment Program. Commissioner Thomas
asked for clarification on the Agricultural and Forestal District definition. Mr. Cheran reiterated, the
Agricultural and Forestal Districts are established to protect Agricultural and Forestal operations,
recognizes and promotes our agricultural economy, preserves open space, utilizes a tool in land use
actions, and once adopted the Districts become part of the County’s Comprehensive Policy Plan.
Commissioner Dunlap noted, in the event we recommend approval of the 46 parcels to be
included, his concern is the 200 ft. building setback and would there be any form of relief for these
property owners should they want to construct an additional structure and the 200 ft. setback be a factor.
Mr. Cheran explained, the relief that would apply is an application for a Variance to the Board of Zoning
Appeals (BZA).
Commissioner Marston inquired what the minimal amount of acres is for an Agricultural
District to exist. Mr. Cheran responded the creation of an Agricultural and Forestal District starts out
with a core of 200 acres and within a mile radius of that other property owners may choose to join in.
Commissioner Marston asked if taking any of the 46 parcels out would jeopardize the existence of any of
the Districts. Mr. Cheran noted, without the 46 parcels in question today, it would leave a total of 11,513
acres in the eight Agricultural and Forestal Districts and all could remain intact.
Commissioner Thomas commented, it appears none of these parcels could meet the intent
of the Agricultural and Forestal District. He noted, you’re not going to farm on a tenth of an acre, you’re
not going to farm on a half-acre that has a house on it, and therefore it would not be preserving farm or
forest land. Mr. Cheran explained, when assembling the Agricultural and Forestal Districts that is when
all of the 46 parcels in question were included. He noted, knowing the setbacks were changed to Rural
Area (RA) study; it did appear it would be a hindrance on adjoining property owners. Commissioner
Thomas stated, it appears for those half-acre or even up to 2 acre parcels this would be giving them
control of land two and three times the size of the property they own; for example, they may own 1 acre
but control 3 or 4 acres of someone else’s property. Mr. Cheran noted, given the setbacks that statement
would be correct.
Commissioner Crockett commented, looking at the aerial photos provided, most of the 46
parcels appear to be residences. Mr. Cheran concurred; they are mostly single family dwellings.
Commissioner Crockett stated, he is in support of preserving agricultural land but also the rights of the
adjacent property owners cannot be ignored.
Commissioner Marston commented, his concern is the County may be headed down a
wrong path should all of the 46 parcels be put back into the Agricultural and Forestal Districts. He stated
the clean-up down the road may be lengthy.
Chairman Wilmot opened the public hearing to citizen comments. The following citizens
came forward to speak.
Mr. John Toney of the Back Creek Magisterial District came forward to speak. Mr.
Toney presented a photo of the Carter Hall property that has an adjacent property which is part of the 46
parcels being discussed. He commented he does not believe a residence and work shop should qualify to
be put in an Agricultural and Forestal District. Chairman Wilmot requested Mr. Cheran identify this
parcel (79-A-10F) via the onscreen map.
Mrs. Joyce Earhart of the Back Creek Magisterial District came forward to speak. Mrs.
Earhart owns the property being referenced by Mr. John Toney. She explained, at the last ADAC meeting
it was noted they were not required to be in the Land Use Assessment Program to be a part of an
Agricultural District, therefore they do not understand why their parcel was removed. She stated, as an
owner of a small parcel and a larger adjoining parcel they feel they should be grand fathered in due to the
fact they have been part of the Agricultural and Forestal District for years. She concluded, they
respectfully request their property remain in the Agricultural and Forestal District.
Ms. Sandra Ritenour of the Opequon Magisterial District and the Double Church
Agricultural and Forestal District came forward to speak. Ms. Ritenour explained her property is one of
the 46 parcels in question. She noted, she is grateful this decision is being revisited by the County. Ms.
Ritenour explained her property was part of the family farm which still surrounds her property. She
concluded her request is that the Planning Commission take each parcel individually and reconsider their
placement.
Mr. Larry Earhart of the Back Creek Magisterial District came forward to comment. He
stated his property has been in the district for years and should remain there. He noted the adjacent
neighbors had the opportunity to complain or dispute years ago and no one did so; therefore, he feels no
one should complain now.
Mr. William Schuller of the Shawnee Magisterial District came forward and stated he
would like his property to be put back into the Agricultural and Forestal District.
Chairman Wilmotasked if there were any other citizens who wished to speak.No one
came forward and Chairman Wilmot closed the public comment portion of the hearing.
Commissioner Mohn commented he sees the need to look at a lot of these parcels
individually. He is concerned with the groupings and wants to be sure what is being viewed graphically
is accurate. Mr. Cheran elaborated on the photos noting, they are just an overview and if the parcels are
viewed individually the graphics will be accurate.
Chairman Wilmot explained the 3 grouping to ensure everyone is clear and asked if there
were any questions. There were not questions at that time.
Commissioner Thomas commented, Group 1 (not adjacent to or encapsulated by
Agricultural District) should notbe included in the Agricultural and Forestal District. He elaborated,
Group 2 (adjacent to existing Agricultural District) should be evaluated individually and Group 3
(encapsulated by existing Agricultural District) should be included.
Supervisor Hess provided a background of what transpired at the recent Board of
Supervisors meeting. He explained, the night of the meeting it was already a couple days past the
expiration date for the Agricultural and Forestal Districts. The proposal that was presented and was
advertised for the public hearing did not include the 46 parcels. He noted there was no option left for the
Board of Supervisors to add any of the 46 parcels back in to the Districts. The Board of Supervisors
approved the Agricultural and Forestal Districts with these removed and noted the property owners of the
removed 46 parcels had not been notified.
Planning Director, Eric R. Lawrence commented, Mr. Hess explained it well. He noted
in order to get to tonight all advertisement was complete in all legal aspects, invites were sent to the 46
property owners as well as legal notifications sent to adjacent property owners. Mr. Lawrence noted
every effort has been made to make sure the public is properly notified and aware of what is going on.
Chairman Wilmot reiterated the Groupings to ensure all Commission Members are clear
and able to proceed.
Commissioner Marston inquired if a parcel is removed can that parcel be put back in the
Agricultural and Forestal District after 5 years. Mr. Cheran responded yes, by going through the process
again.
Commissioner Thomas made a motion which was seconded by Commissioner Triplett to
exclude Group 1(not adjacent or encapsulated by existing Agricultural District) and include Group 3
(encapsulated by existing Agricultural District) in the 2015-2020 Agricultural and Forestal District.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval toexclude Group 1(not adjacent or encapsulated by existing Agricultural District)
and include Group 3 (encapsulated by existing Agricultural District) in the 2015-2020 Agricultural and
Forestal District.
(Note: Commissioners Oates and Unger were absent from the meeting)
The remaining 19 parcels, Group 2 (adjacent to existing Agricultural District) were voted on
individually and the results are as follows:
PIN(s) 31-A-170 and 31-A-171
A motion was made by Commissioner Mohn, seconded by
Commissioner Dunlap and unanimously approved to includethese parcels in the Apple Pie Ridge
Agricultural and Forestal District.
PIN 85-A-132
A motion was made by Commissioner Mohn, seconded by Commissioner Dunlap and
unanimously approved to includethis parcel in the Double Church Agricultural and Forestal District.
PIN 44-A-28C
Commissioner Thomas clarified the buffer does not extend across the road.
Commissioner Kenney noted that not much agriculture activity can take place on this property.
Commissioner Mohn commented to leave the property in and the impacts are not severe. A motion was
made by Commissioner Mohn, seconded by Commissioner Manuel and passed by majority vote to
include this parcel in the Red Bud Agricultural and Forestal District.
PIN 55-A-115
A motion was made by Commissioner Thomas, seconded by Commissioner Kenney and
unanimously approved to excludethis parcel from the Red Bud Agricultural and Forestal District.
PIN 55-A-117
A motion was made by Commissioner Thomas, seconded by Commissioner Kenney and
unanimously approved to excludethis parcel from the Red Bud Agricultural and Forestal District.
PIN 55-A-14
A motion was made by Commissioner Thomas, seconded by Commissioner Mohn and
unanimously approved to excludethis parcel from the Red Bud Agricultural and Forestal District.
PIN(s) 55-A-177 and 55-A-178A
Commissioner Thomas clarified the buffer does not extend across
Valley Mill Road. Commissioner Mohn commented these parcels are contiguous to the Agricultural
District and it would be appropriate to keep them in. A motion was made by Commissioner Mohn,
seconded by Commissioner Marston and unanimously approved to include these parcels in the Red Bud
Agricultural and Forestal District.
PIN 44D-2-6
A motion was made by Commissioner Mohn, seconded by Commissioner Manuel and
approved by majority vote to includethis parcel in the Red Bud Agricultural and Forestal District.
PIN(s) 73-A-27 and 73-A-28
A motion was made by Commissioner Thomas, seconded by
Commissioner Triplett and unanimously approved to includethese parcels in the South Frederick
Agricultural and Forestal District.
PIN 74-A-10F
Commissioner Thomas clarified the buffer does not extend across the road. He also
noted the property across the road is not developed therefore if included it would give this parcel control
of property that is not theirs. A motion was made by Commissioner Dunlap, seconded by Commissioner
Triplett and unanimously approved to excludethis parcel from the South Frederick Agricultural and
Forestal District.
PIN 73-A-34
A motion was made by Commissioner Thomas, seconded by Commissioner Kenney and
unanimously approved to exclude this property from the South Frederick Agricultural and Forestal
District.
PIN(s) 73-A-30 and 73-A-30E
A motion was made by Commissioner Thomas, seconded by
Commissioner Molden and unanimously approve to includethese parcels in the South Frederick
Agricultural and Forestal District.
PIN 73-A-30A
Commissioner Thomas commented this appears to be a single family dwelling. A
motion made by Commissioner Thomas, seconded by Commissioner Molden and approved by majority
vote to exclude this parcel from the South Frederick Agricultural and Forestal District.
PIN 73-A-64A
Commissioner Marston commented he knows this property is completely agriculture. A
motion made by Commissioner Marston, seconded by Commissioner Thomas and unanimously approved
to includethis parcel in the South Frederick Agricultural and Forestal District.
PIN 61-A-44
A motion was made by Commissioner Thomas, seconded by Commissioner Triplett and
unanimously approved to includethis parcel in the South Frederick Agricultural and Forestal District.
(Note: Commissioners Oates and Unger were absent from the meeting)
Property Removed from the
2015-2020 Agricultural & Forestal Districts
01
522
42 A 61
DTS LC
200 Foot Buffer
Parcels
Agricultural & Forestal District
Albin
PINOwnerAcresAg & Forestal Districts
42 A 61DTS LC2.50Albin
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
85 A 139A
SCOTHORN GARY L & STEPHEN P
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
85 A 139ASCOTHORN, GARY L & LINDA O1.29Double Church
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SHENANDOAH VALLEY BATTLEFIELDS
55 A 5B
HERRING STACY
SHENANDOAH VALLEY BATTLEFIELDS
200 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 5BHERRING, VERA J1.00Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
HERRING STACY
55 A 5D
HERRING KEVIN L
200 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 5DHERRING, KEVIN L1.21Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
61 A 23A
BHS LC
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
61 A 23ABHS, LC1.00South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BHS LC
61 A 29
BHS LC
BHS LC
61 A 29
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
61 A 29BHS, LC1.25South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
74 A 15
Stephens City
HUMPHRIES CHERYL W
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
74 A 15HUMPHRIES, CHERYL W. & PAMELA LEWIS3.00South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
HUMPHRIES CHERYL W
Stephens City
74 A 14
74 A 15A
BARLEY MARY KLINE
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
74 A 14HUMPHRIES, CHERYL W.2.00South Frederick
74 A 15AHUMPHRIES, CHERYL W.1.23South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
72 A 83
MEAGHER CONSTANCE M
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
72 A 83MEAGHER, CONSTANCE M0.50South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
26 A 61A
CLW HOLDINGS LLC
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Timber Ridge
PINOwnerAcresAg & Forestal Districts
26 A 61ACLW HOLDINGS LLC2.00South Timber Ridge
I
Note:
Frederick County Dept of Planning & Development
00.0150.030.06Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
HALL DWAYNE N
85 A 33
LAYMAN EARL L
LAYMAN EARL L
MANGUM PROPERTIES LLC
MANGUM PROPERTIES LLC
0
1
11
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
85 A 33JUDD, JESSIE F0.37Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0150.030.06Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
0
1
11
FLETCHER THEODORE M
SIEVER ROGER DALE
85 A 25
NEELD JOSEPH A
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
85 A 25SIEVER, ROGER DALE0.50Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0150.030.06Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
GORE FRED B ET ALS
86 A 230A
DALE DENNIS M
GORE JEFFREY M
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
86 A 230AGORE, JEFFERY M & JOSEPH F0.97Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BROWN LAURA H
GORE JEFFREY M
GORE LACEE J
86 A 231
WHITE HOWARD W
GORE JEFFREY M
BRANNON REBECCA W
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
86 A 231GORE, FRED B ET ALS2.50Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
HELSLEY PEGGY V
HELSLEY PEGGY V
86 A 245
LACEY JOHN M
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
86 A 245BOOTH, JOHN H. & VIRGINIA G.0.50Double Church
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
CLEVENGER NELSON R
86 A 264
86 A 264A
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Frestal Districts
86 A 264RITENOUR, SHIRLEY0.50Double Church
86 A 264ARITENOUR, SHIRLEY0.53Double Church
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
86 A 33
MADAGAN STUART M TRUSTEE
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
86 A 33STELZL, BETTY R0.12Double Church
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
CRIDER & SHOCKEY INC OF WV
SHENANDOAH VALLEY BATTLEFIELDS
43 A 159
REDBUD RD
200 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
43 A 159R & J LAND DEVELOPMENT, LLC2.00Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SEIPEL WAYNE D
SUPREME COUNCIL OF THE HOUSE
SEIPEL WAYNE D
55 A 118
55 A 118
COMMONWEALTH-OF VIRGINIA BOARD OF
GAME AND INLAND FISHERIES
200 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 118STULTZ, DAWN M1.13Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BOYD ROBERT S JR
62 A 27
COPENHAVER WILLIAM RICHARD
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
62 A 27COPENHAVER, WILLIAM R1.30South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
61 A 44
SNAPP R WAYNE ETALS
SNAPP R WAYNE ETALS
61 A 43E
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Frestal Districts
61 A 43EMELBY, CAROL J1.00South Frederick
61 A 44SNAPP, JOSEPH DAVISON2.20South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
HARRAH DANNY HUESTON
73 A 38
PALMER RONALD S
RICHARDS FRUIT MARKET LLC
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 38ORNDORFF, MARK A & ROXANNA M3.57South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BANKS JAY STEVEN
SIMPSON JOHN I
73 12 11
LILLY STEVEN LEE
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 12 11MURPHY, CHARLES R & VICKY O2.86South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SIMPSON JOHN I
SIMPSON JOHN I
KIM SUE CORP
BRIM STEPHEN DUBOIS ETALS
GRIST JOHN D
PAINTER MARK C
73 12 26
73 12 23
JENNINGS BARBARA H
HERSHMAN CECELIA A
TONEY LUCINDA A TRUSTEE ETALS
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 12 23HLAVINKA, DAVID D & PATRICIA E2.98South Frederick
73 12 26MENEFEE, DAVID & JULIE2.29South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
DEHAVEN RICHARD A
31 A 170
BHS LC
31 A 171
200 Foot Buffer
Parcels
Agricultural & Forestal District
Apple Pie Ridge
PINOwnerAcresAg & Forestal Districts
31 A 170FRUIT HILL ORCHARD INC0.34Apple Pie Ridge
31 A 171FRUIT HILL ORCHARD INC1.07Apple Pie Ridge
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
GUARD RALPH P ETALS
85 A 132
RITENOUR FARM L P
200 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
85 A 132RITENOUR, SANDRA R3.67Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
JOBE ALLEN B
44 A 28C
44 A 28C
BODEN ROBERT R JR
HOLLIDAY MARTHA OMPS
WILLIS DONNA MARIE
200 Foot Buffer
Parcels
Future Route 37 Bypass
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
44 A 28CBODEN, ROBERT R. JR. & MARSHA4.30Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BIG O PARTNERSHIP
WILLIS DONNA MARIE
44D 2 6
SNAPP RONALD G
200 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
44D 2 6WILLIS, CHARLES I.2.37Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
GREGG DAVID M
KECKLEY LINDA FAY
HARRIS EMMA ET ALS
55 A 14
ANGSTADT AARON N
200 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 14LAM, ERNEST L2.00Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
AMBERS LANDON A
SUPREME COUNCIL OF THE HOUSE
GRIMES CAROLYN LEE
BOYD CHARLES E
55 A 115
55 A 117
SUPREME COUNCIL OF THE HOUSE
JENKINS JEFFREY G
COMMONWEALTH-OF VIRGINIA BOARD OF
GAME AND INLAND FISHERIES
200 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 115JENKINS, JEFFREY G1.75Red Bud
55 A 117R & J LAND DEVELOPMENT, LLC4.33Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SCHULLER WILLIAM H SR
55 A 178A
55 A 177
RACEY CHARLES RICHARD
200 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 177SCHULLER, WILLIAM HAMPTON JR0.38Red Bud
55 A 178ASCHULLER, WILLIAM H SR & GENEVIEVE1.28Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
61 A 44
SNAPP R WAYNE ETALS
SNAPP R WAYNE ETALS
61 A 43E
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Frestal Districts
61 A 43EMELBY, CAROL J1.00South Frederick
61 A 44SNAPP, JOSEPH DAVISON2.20South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
WOODBINE FARMS INC
WHITACRE SUSAN BRUMBACK TRUSTEE
73 A 64A
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 64ADILLENDER, HOLLY B & SAMUEL C JR2.32South Frederic
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SNYDER LANNY EUGENE
73 A 34
JUDD SCOTT W
CATLETT DUANE W
WEDDLE ARVIN A
KARCHE SUSAN A
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 34HAMILTON, CHARLES A.4.80South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
ANDERSON PAUL G JR
ANDERSON MICHAEL P ETALS
73 A 28
ANDERSON PAUL G JR
JACKSON JANET M
73 A 27
RAUSER DAVID M
OSCAR GALEN E
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 27COOLEY, MARTHA4.00South Frederick
73 A 28RIDINGS, L VERNON RESIDUAL TRUST4.00South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
PHILLIPS DEBORAH A
73 A 30A
ROSENBERRY MARLIN
73 A 30E
RINKER DUDLEY H
73 A 30
RIDINGS L VERNON RESIDUAL TRUST
LOY RICHARD A
JEFFRIES THOMAS H JR
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 30RINKER, DUDLEY H.4.83South Frederick
73 A 30ANOFFKE, KENTON L & KATHY C1.71South Frederick
73 A 30ERINKER, DUDLEY H.1.01South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
74 A 10F
TONEY LUCINDA A TRUSTEE ET ALS
EARHART LARRY L
200 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
74 A 10FEARHART, LARRY L & JOYCE C1.46South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: July 14, 2015
Attachment 5
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF MEETING
June 8, 2015
RE: AGRICULTURAL AND FORESTAL DISTRICTS
On May 27, 2015, the Frederick County Board of Supervisors adopted the eight 2015-2020
Agricultural and Forestal Districts totaling 11,425 acres. 46 parcels totaling 87 acres were not included
in the adopted Agricultural and Forestal Districts. The 46 parcels were each less than 5 acres in size
and were not participants in the County’s Land Use Assessment program. The Board of Supervisors
has requested that each of these parcels be given further consideration, and that the property owners be
given an opportunity to participate in the evaluation.
On behalf of the Frederick County Agricultural Advisory Committee (ADAC), you are
hereby notified of a meeting being held on Wednesday, June 24, 2 The
meeting will be held in the Board Room of the Frederick County Administration Building at
107 North Kent Street, Winchester, Virginia. This meeting will consider the inclusion of
additional parcels into the recent adopted 2015-2020 Agricultural and Forestal Districts.
The county’s Agricultural and Forestal District program is intended to recognize promote and protect
our agricultural economy. One strategy utilized to protect agricultural operations is an ordinance
requirement that establishes a 200-foot building setback against the agricultural district; essentially
working to minimize impacts on agricultural activities from non-agricultural structures. In February
2015, the ADAC found that parcels less than 5 acres, not within the Land Use Assessment program,
and in an Agricultural District, could be placing unintended restrictions on adjacent properties.
Therefore, the ADAC recommended that such properties not be included in the Agricultural District.
Attached include those properties which you own, which you had previously submitted for inclusion in
the Agricultural and Forestal District program, but which were not included in the updated Districts on
May 27, 2015. The map also illustrates the setback buffer and its impact on adjoining properties. If
you no longer wish for your parcels to be considered for inclusion in the Agricultural and Forestal
District, please notify us at 540-665-5651 or via e-mail at MCheran@fcva.us. If you do wish for the
continual consideration of these parcels to be included in the Agricultural and Forestal District
program, we would welcome your participation in the meeting on June 24, 2015, as noted above.
Sincerely,
Mark R. Cheran
Zoning and Subdivision Administrator
Attachment(s)
MRC/pd
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000