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April_27_2016_Board_Agenda_Packet AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 27, 2016 6:00 P.M., 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 6:00 P.M. Closed Session: Closed Session Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, 1950, as Amended, for Discussion or Consideration of the Acquisition of Real Property for a Public Purpose, and of the Disposition of Publicly Held Real Property, Where Discussion in an Open Meeting Would Adversely Affect the Bargaining Position or Negotiating Strategy of the Board. Closed 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 Staff Members Pertaining to Probable Litigation, Where Such Consultation or Briefing in an Open Meeting Would Adversely Affect the Negotiating or Litigating Posture of the Public Body, and for Consultation with Legal Counsel Employed or Retained by a Public Body Regarding Specific Legal Matters Requiring the Provision of Legal Advice by Such Counsel. 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 A the meeting. Consent Agenda: (Tentative Agenda Items for Consent are Tabs: A, D and K) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 27, 2016 PAGE 2 Board of Supervisors Comments Minutes: (See Attached)A ------------------------------------------------------------------------------- 1. Budget Work Session of April 5, 2016. 2. Regular Meeting of April 13, 2016. County Officials: (See Attached)B 1. Committee Appointments. ------------------------------------------- (See Attached)C 2. Request from Commissioner of the Revenue for Refund. -- Committee Reports: (See Attached)D 1. Parks and Recreation Commission. ------------------------------ (See Attached)E 2. Finance Committee. --------------------------------------------------- Public Hearing: 1. Outdoor Festival Permit Request of Charles Harbaugh IV/Cedar Creek Battlefield Foundation Battle of Meadow Mills. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee; for an Outdoor F Permit. Festival to be Held on Saturday, June 4, 2016, from 10:00 A.M. 6:00 P.M., and Sunday, June 5, 2016, from 10:00 A.M. - 3:00 P.M., to be Held on the Grounds of Cedar Creek Battlefield, 8437 Valley Pike Middletown, Virginia, 22645, Property Owned by Cedar Creek Battlefield (See Attached)F Foundation. -------------------------------------------------------------- 2. Outdoor Festival Permit Request of Michael S. Collins Renegade Dance and Arts Campout. 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 Frid June 3, 2016, from 4:00 P.M. thru 12:00 Noon, Sunday, June 5, 20 on the Grounds of the Cove Campground, 980 Cove Road, Gore, Virginia. Property Owned by Alexander W. K. McDowell and (See Attached)G McDowell Family, LLC. ----------------------------------------------- AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 27, 2016 PAGE 3 Planning Commission Business: Public Hearing: 1. Rezoning #02-16 for I-81 West Business ParkSubmitted by GreyWolfe, Inc., to Rezone 36.676 Acres from the RA (Rural Areas) District to the B-2 (Business General) District, 45.453 Acres from the RA (Rural Areas) District to the B-3 (Industrial Transition) District and 73.360 Acres from the RA (Rural Areas) District to the M-1 (Light Industrial) District, with Proffers. The Properties are the West Side of Interstate 81 Between Cedar Hill Road (Rt. 671) and Hopewell Road (Rt. 672), and are Identified by Property Identification Numbers 33-A-113, 33-A-124, and 33-A-114B in the (See Attached)H Stonewall Magisterial District. -------------------------------------- Other Planning Items: 1. Discussion Ordinance Amendment - Flea Markets as Conditional Use in (See Attached)I B2/B3 Districts. --------------------------------------------------------- 2. Discussion Ordinance Amendment - Dedication of Public Utilities on (See Attached)J Rural Preservation Lots. --------------------------------------------- (See Attached)K 3. Road Resolution Twin Lakes Overlook, Phase 9. ---------- Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn 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:April 20, 2016 SUBJECT:Finance CommitteeReport and Recommendations A Finance Committee meetingwasheldin the First Floor Conference Room at 107 North Kent Street onWednesday,April 20, 2016 at 8:00 a.m.Non-voting liaison C. William Orndoff was absent. All other members were present. 1.The Winchester Regional Airport Director requests an Airport Operating Fund supplemental appropriation in the amount of $100,000and a General Fund supplemental appropriation(local funds), or a General Fund operational contingency transfer,in the amount of $75,100in order to cover the anticipated deficit through FY 2016. See attached information, p.3– 8.The committee recommends an Airport fund supplemental appropriation in the amount of $100,000 and a General Fund operational contingency transfer in the amount of $75,100. 2.The Deputy Public Works Director requests a Landfill Fund supplemental appropriation in the amount of $2,125,770.This amount represents fund required for the partial capping/closure of area1, phase 1 of the CDD landfill – DEQ permit 591. No local funds required. See attached memo, p.9– 10.The committee recommends approval.  107 North Kent Street Winchester, Virginia 22601 1 Finance CommitteeReport and Recommendations April 20,2016 Page|2 INFORMATION ONLY 1.The Finance Director provides aFund 10 Transfer Report for March2016. See attached, p.11. 2.The Finance Director provides an FY 2016 Fund Balance Report ending April 14, 2016. See attached, p.12. 3.The Finance Director provides financial statements for the month ending March31, 2016. See attached, p.13 – 23. Respectfully submitted, FINANCE COMMITTEE JudithMcCann-Slaughter, Chairman Charles DeHaven Gary Lofton Bill Ewing Angela Rudolph By___________________________ Cheryl B. Shiffler, Finance Director 2 3 4 5 MEMORANDUM TO: Frederick County Finance Committee FROM: Joe C. Wilder, Deputy Director of Public Works SUBJECT: Proposed Budget Amendment Request Frederick County Landfill Budget DATE: April 11, 2016 ___________________________________________________________________ Currently, the Landfill needs to perform a Partial Capping/Closure of Area 1, Phase 1 of the Construction/Demolition Debris (CDD) Landfill DEQ Permit 591. The project involves capping an approximately 10 acre area. The capping project involves placing geosynthetic liner, geonet drainage liner, gas collection and ve system and other necessary work to comply with DEQ requirements. scheduled to be performed in the 2013/2014 fiscal year. However, do to some necessitated modifications, we had to request a permit amendment from Virgini taken two (2) years. Since our original permit was obtained in 1 change several items in our permit to comply with the latest DEQ We have finally completed the amendment process and anticipate receiving final DEQ approval in the next couple of weeks. Due to the anticipated approval, we completing this project in calendar year 2016. The bid documents the work in 180 days. Due to the nature of constructing a comple summer weather is vital to construction since project scope invo synthetic liners and drainage systems as well as the need to get slopes of the landfill mass before the winter months. 9 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Proposed Budget Amendment Request Page 2 April 11, 2016 The bids were received on April 7, 2016 and the results are as f C. William Hetzer, Inc. $2,125,770.00 Sargent Corporation $2,228,810.00 Perry Engineering Company, Inc. $2,376,690.00 It should be noted that in our 5 10 year project list for the landfill, we estimated that the cost of this capping/closure was going to be $2,000,000.00. We antici our budget estimate is due to more stringent landfill requiremen experienced around the country related to solid waste requiremen construction. Therefore, it is our intention to award the project to the lowes Hetzer, Inc. in the amount of $2,125,770.00. Currently, there is budget to cover these costs. Therefore, we are requesting a budg Funding is available from the landfill reserve fund, 12-240-2530 Unreserved Retained Earnings. We request that $2,125,770.00 from this line item be placed into the Landfill Budget line item 12-4204- 8900-000. We currently have some funding in this line item but this i that funding could be used as a contingency if needed as well. If this request is approved by this committee and the Board of S awarding the project to C. William Hetzer, Inc. on May 1, 2016. will be completed in the late Fall of this year. I will be in attendance at the Finance Committee meeting being h answer any questions you may have. Thank you for your attention Attachments: enclosed CC: Steve Frye, Landfill Manager File 10 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 FY2016 MARCH BUDGET TRANSFERS DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 3/3/2016SHERIFFTRANSFER OT COST SHERIFF31021005000000 165,000.00 TRANSFERS/CONTINGENCY 93015890000000 (165,000.00) 3/9/2016SHERIFFTASERS/POLICE SUPPLIES31025409000000 166,954.32 TRANSFERS/CONTINGENCY 93015899000000 (166,954.32) 3/10/2016REFUSE COLLECTIONGRAVEL FOR UNPAVED AREAS/CONVENIENCE SITE42035407000000 (1,200.00) REFUSE COLLECTION 42033004000003 1,200.00 3/10/2016SHERIFFREIMBURSE FOR OVERTIME-ABBOTT GRANT31025413000012 (8,565.18) SHERIFF31021005000000 8,565.18 3/15/2016AGRICULTUREPOSTAGE AND PHONE EXPENSES83015506000000 (742.83) AGRICULTURE83015204000000 742.83 3/16/2016FINANCECOPY CHARGES/CENTRAL STORES12145506000000 (1,200.00) FINANCE12144003000001 1,200.00 3/16/2016PUBLIC SAFETY COMMUNICATIONSRADIO SERVICE CONTRACT35065204000000 (25,000.00) PUBLIC SAFETY COMMUNICATIONS 35063005000000 25,000.00 3/16/2016REFUSE COLLECTIONREPAIRS TO 2006 GMC42035407000000 (1,500.00) REFUSE COLLECTION 42033004000002 1,500.00 3/16/2016SHERIFFTO COVER EXPENDITURES31025506000000 (4,200.00) SHERIFF31025801000000 4,200.00 3/21/2016SHERIFFCOVER EXPENDITURES31025408000002 (15,000.00) SHERIFF 31025409000000 15,000.00 3/21/2016GENERAL DISTRICT COURTPURCHASE EQUIPMENT21025506000000 (200.00) GENERAL DISTRICT COURT21025401000000 200.00 GENERAL DISTRICT COURT21025411000000 (112.00) GENERAL DISTRICT COURT21025401000000 112.00 GENERAL DISTRICT COURT21023004000001 (400.00) GENERAL DISTRICT COURT21025401000000 400.00 GENERAL DISTRICT COURT21023005000000 (100.00) GENERAL DISTRICT COURT21025401000000 100.00 GENERAL DISTRICT COURT21025801000000 (240.00) GENERAL DISTRICT COURT21025401000000 240.00 3/21/2016COMMISSIONER OF THE REVENUETRAINING-STAFF12093010000000 (3,000.00) COMMISSIONER OF THE REVENUE 12095506000000 3,000.00 3/23/2016COUNTY OFFICE BUILDINGS/COURTHOUSESNOW REMOVAL AT COUNTY ADMINISTRATION BUILDING43043004000003 (3,300.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043010000000 3,300.00 3/23/2016COUNTY OFFICE BUILDINGS/COURTHOUSEBUILDING REPAIRS AT MILLWOOD FIRE COMPANY43045408000005 (2,500.00) COUNTY OFFICE BUILDINGS/COURTHOUSE 43043004000021 2,500.00 3/23/2016SHERIFFGUN LOCKS31025409000000 21,065.00 TRANSFERS/CONTINGENCY93015899000000 (21,065.00) 3/23/2016ELECTORAL BOARD AND OFFICIALSCOVER EXPENDITURES 13015204000000 (2,000.00) REGISTRAR13025204000000 2,000.00 3/29/2016INSPECTIONSOFICE SUPPLIES AND TONERS34014003000002 (2,000.00) INSPECTIONS34015401000000 2,000.00 3/29/2016SOCIAL SERVICES ADMINISTRATIONPURCHASE VEHICLE53168005000000 28,000.00 SOCIAL SERVICES ADMINISTRATION 53169002000000 (28,000.00) 3/30/2016SHERIFFPURCHASE TWO VANS31025408000002 (5,856.02) SHERIFF 31028005000000 5,856.02 3/31/2016COMMONWEALTH'S ATTORNEYNEW POSITION 6/1622011001000052 2,917.00 COMMONWEALTH'S ATTORNEYSALARY INCREASE 4/1/1622011001000013 9,985.00 COMMONWEALTH'S ATTORNEYNEW POSITION 6/16 & SALARY INCREASE 4/1/1622011003000002 (12,902.00) 4/4/2016MAINTENANCE ADMINISTRATIONSNOW REMOVAL WINTER STORM43015204000000 (876.00) MAINTENANCE ADMINISTRATION43011005000000 876.00 4/4/2016FIRE AND RESCUESOAP DISPENSING SYSTEM FOR PPE WASHERS35058009000000 (1,624.00) FIRE AND RESCUE35055413000000 1,624.00 4/6/2016CLEARBROOK PARKCOVER COST OF RENTAL EQUIPMENT71093004000003 (401.20) CLEARBROOK PARK 71099001000000 401.20 SHERANDO PARK 71103004000003 (950.32) SHERANDO PARK 71109001000000 950.32 11 ounyoreerc, CtfFdikVA ReportonUnreservedFundBalance April14,2016 UnreservedFundBalance,BeginningofYear,July1,201542,344,282 PriorYearFunding&CarryforwardAmounts C/FRoseHillPark (168,000) C/FSherandoParkmasterplan (22,780) C/FDARE(400) C/FAbbottGrant (33,854) C/FFireCompanyCapital (274,086) ReserveEsummonsfunds (38,816) C/FFireProgramfunds (29,521) ReserveP&RPlayFundfunds (6,932) Schoolencumbrances (581,267) C/FForefeitedassets (58,035) C/FSchoolCapitaltoSchoolOperating (314,747) C/FSchoolOperating (123,737) C/FF&Rvehicleequipment (40,000) C/FF&Runiforms (64,000) (1,756,175) OtherFunding/Adjustments Parksreturnedunusedproffer(710) CORrefundBrookfieldStephensonVillage(20,539) CORrefundAllyFinancial(5,405) CORrefundFordMotorCredit(2,930) CORrefundOpalOil(4,070) Treasurerdrivethroughrepair(30,000) CircuitClerkdeputyclerkposition(10,913) Airportcapital(63,818) Gainesborositeretainage5,960 CORrefunddisabledveteran(3,689) CORrefundGreenwayEngineering(12,753) CORrefundNavitusEngineering(42,560) CORrefundCitizensAssetFinance(5,736) CORrefundCarrierEnterprises(144,392) ArmelElementaryrenovationdesign(200,000) NSVRCcontribution(1,216) PPEArefundadministrationbuilding(47,897) CORrefundDaimlerTrust(8,679) CORrefundAquaLakeHolidayUtilities(2,759) CORrefundProbuildCOLLC(13,282) CORrefundLawrenceFabrications(6,533) CORrefundWashingtonGas(89,697) CORrefundCarrierEnterprises(106,516) CORrefundBrittLouisNemeth(3,019) CORrefundAdmiralSecurityServices(2,815) CORrefundShenandoahGas(17,706) CORrefundGlassAmerica(2,834) CORrefundCrownCork&Seal(352,334) 3/2016PresidentialPrimaryElection(38,614) FY15VJCCCArefund(1,142) CORrefunddisabledveteran(7,065) FY16School&Countycapital(7,000,000) CORrefundAtlanticConstruction(13,574) SecurityDrive(4,390) (8,261,628) FundBalance,April14,2016 32,326,479 12 County of Frederick General Fund March 31, 2016 ASSETSFY16FY15Increase 3/31/163/31/15(Decrease) Cash and Cash Equivalents45,804,104.5147,829,763.46(2,025,658.95)*A Petty Cash1,555.001,555.000.00 Receivables: Taxes, Commonwealth,Reimb.P/P2,804,377.262,724,690.6179,686.65 Streetlights1,063.861,044.5019.36 Miscellaneous Charges26,068.5417,063.699,004.85 Due from Fred. Co. San. Auth.734,939.23734,939.230.00 Prepaid Postage2,698.813,061.78(362.97) GL controls (est.rev / est. exp)(20,232,132.18)(8,719,798.46)(11,512,333.72)(1) Attached TOTAL ASSETS29,142,675.0342,592,319.81(13,449,644.78) LIABILITIES Performance Bonds Payable2,743,663.37491,136.322,252,527.05 Taxes Collected in Advance201,141.07181,507.2819,633.79 Deferred Revenue2,831,808.662,743,112.8088,695.86*B TOTAL LIABILITIES5,776,613.103,415,756.402,360,856.70 EQUITY Fund Balance Reserved: Encumbrance General Fund1,055,134.45590,254.35464,880.10(2) Attached Conservation Easement4,779.854,779.850.00 Peg Grant137,071.7566,131.0570,940.70*C Prepaid Items949.63949.630.00 Advances734,939.23734,939.230.00 Employee Benefits93,120.8293,120.820.00 Courthouse Fees269,039.57222,145.7646,893.81*D Historical Markers17,339.1817,303.8935.29 Animal Shelter335,530.02335,530.020.00 Proffers1,850,419.804,023,780.67(2,173,360.87)(3) Attached Economic Development Incentive0.00550,000.00(550,000.00) Parks Reserve6,932.250.006,932.25 E-Summons Funds38,816.250.0038,816.25 VDOT Revenue Sharing436,270.00436,270.000.00 Undesignated Adjusted Fund Balance18,385,719.1332,101,358.14(13,715,639.01)(4) Attached TOTAL EQUITY23,366,061.9339,176,563.41(15,810,501.48) TOTAL LIAB. & EQUITY29,142,675.0342,592,319.81(13,449,644.78) NOTES: *A Cash decrease includes an increase in revenues, expenditures and transfers, and a decrease in fund balance(refer to the comparative statement of revenues, expenditures, transfers and change in fund balance. *B Deferred revenue includes taxes receivable,street lights,misc.charges,dog tags, and motor vehicle registration fees. *C Upgrade board room audio visual and broadcasting equipment in the previous year $178,122 from Comcast provided PEG funds. *D Previously ADA Fees. 13 BALANCE SHEET (1) GL ControlsFY16FY15Inc/(Decrease) Est.Revenue 147,695,246 138,499,390 9,195,856 Appropriations (75,521,302) (61,032,458) (14,488,844) Est.Tr.to Other fds (93,461,211) (86,776,985) (6,684,226) Encumbrances 1,055,134 590,254 464,880 (20,232,132) (8,719,799) (11,512,333) (2) General Fund Purchase Orders @3/31/16 DEPARTMENTAmount Finance 296.00Envelopes Fire & Rescue 266.61 Uniforms 108.00 Rescue Technology 8,770.00 Vehicle Tools & Equip.(Includes Light Bars, Custom Cabinets, etc 6,642.27 Radio 2,615.00 Instructor & Student Manuals 4,800.00 Workforce Management System Renewal 119,370.63 Gas Meters w/Accessories 32,150.00 Scott SCBS System Equipment 6,349.32 Uniforms 17,226.10 Respirator Testing system 28,008.00 (3) Washer/Extractors Parks 143.90 Rose Hill Park Engineering Service 7,735.10 Special Events T-Shirts 49,792.00 Sierra Restroom Building Rose Hill Park 23,967.00 Resurface Clearbrook Pool 159,475.00 Rose Hill Park Rec&Access Trails Construction 4,595.00 Fusion Soccer Goal 17,177.45 Grass Seed and Fertilizer 4,000.00 Bike Path Asphalt Repair Public Safety 10,273.08 Repair & Maintenance of Radio Equipment Refuse 6,280.00 (100) Rain Barrels and (25) Compost Bins Sheriff 30,095.52 (12) Tactical Vests & (24) Hard Armor Plates 260,260.00 (10) 2016 Police Interceptors 5,461.00 (15) Body Armour 29,999.40 Communication System (10) Radios w/Accessories 25,455.90 Ammunition 168,343.17 Tasers & Accessories 21,065.00 Weapon Racks Treasurer 4,414.00 Envelopes Total 1,055,134.45 Designated (3)Proffer InformationOther SCHOOLSPARKSFIRE & RESCUEProjectsTOTAL 54,706.90343,280.16391,139.401,061,293.34 1,850,419.80 Balance @3/31/16 Designated Other Projects Detail Administration 218,936.34 Bridges 1,000.00 Historic Preservation 108,000.0012/11/14 Board Action designated $50,000 for final debt payment Library 101,206.00on the Huntsberry property. Rt.50 Trans.Imp.10,000.00 Rt. 50 Rezoning 25,000.00 Rt. 656 & 657 Imp.25,000.00 RT.277 162,375.00 Sheriff 41,776.00 Solid Waste 12,000.00 Stop Lights 26,000.00 BPG Properties/Rt.11 Corridor 330,000.00 Total1,061,293.34 Other Proffers @3/31/16 (4) Fund Balance AdjustedFY2016FY2015Variance Ending 3/31 32,326,478.83 36,065,267.35 (3,738,788.52) Revenue 3/31 86,693,302.06 82,968,623.80 3,724,678.26 Expenditures 3/31 (46,965,316.17) (44,055,825.95) (2,909,490.22) Transfers 3/31 (53,668,745.59) (42,876,707.06) (10,792,038.53) Adjusted Fund Balance 3/31 18,385,719.13 32,101,358.14 (13,715,639.01) 14 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance March 31, 2016 FY16FY15YTD REVENUES:3/31/153/31/15Actual AppropriatedActualActualVariance General Property Taxes100,608,073.0045,370,989.6643,630,663.771,740,325.89(1) Other local taxes31,899,849.0021,212,765.7120,325,406.25887,359.46(2) Permits & Privilege fees1,663,682.001,742,460.561,243,549.75498,910.81(3) Revenue from use of money. and property160,420.13177,317.32171,997.495,319.83(4) Charges for Services2,478,226.001,904,594.161,692,580.89212,013.27 Miscellaneous596,090.35269,486.67440,582.31(171,095.64) Recovered Costs1,319,897.491,366,787.611,348,516.8918,270.72(5) Proffers1,377,380.29866,283.41511,096.88(5) Intergovernmental: Commonwealth8,900,008.0013,195,569.6313,222,304.44(26,734.81)(6) Federal69,000.0075,950.4526,738.6049,211.85(7) TOTAL REVENUES147,695,245.9786,693,302.0682,968,623.803,724,678.26 EXPENDITURES: General Administration 10,977,297.568,179,687.406,986,110.271,193,577.13 Judicial Administration2,434,843.521,667,415.541,572,869.0294,546.52 Public Safety33,379,378.0422,646,158.9721,859,505.15786,653.82 Public Works4,957,907.863,086,936.162,670,467.76416,468.40 Health and Welfare8,177,956.005,525,129.635,075,449.75449,679.88 Education56,000.0042,000.0042,000.000.00 Parks, Recreation, Culture6,432,979.244,293,382.173,865,945.33427,436.84 Community Development1,997,260.951,524,606.301,983,478.67(458,872.37) TOTAL EXPENDITURES68,413,623.1746,965,316.1744,055,825.952,909,490.22(8) OTHER FINANCING SOURCES ( USES): Operating transfers from / to 100,568,889.4353,668,745.5942,876,707.0610,792,038.53(9) Excess (deficiency)of revenues & other sources over expenditures & other uses(21,287,266.63)(13,940,759.70)(3,963,909.21)9,976,850.49 Fund Balance per General Ledger32,326,478.8336,065,267.35(3,738,788.52) Fund Balance Adjusted to reflect18,385,719.1332,101,358.14(13,715,639.01) Income Statement 3/31/16 15 (1)General Property TaxesFY16FY15Increase/Decrease Real Estate Taxes 23,686,258 23,107,306 578,952 Public Services Current Taxes 1,347,709 1,158,065 189,644 Personal Property 19,395,977 18,312,977 1,083,000 Penalties and Interest 756,894 817,904 (61,010) Credit Card Chgs./Delinq.Advertising (31,128) (25,304) (5,824) Adm.Fees For Liens&Distress 215,280 259,716 (44,436) 45,370,990 43,630,664 1,740,326 (2) Other Local Taxes Local Sales and Use Tax 7,520,556.50 7,177,687.38 342,869.12 Communications Sales Tax 763,381.01 785,647.57 (22,266.56) Utility Taxes 2,087,928.67 2,034,666.78 53,261.89 Business Licenses 5,894,129.73 5,686,238.26 207,891.47 Auto Rental Tax 81,552.79 70,490.60 11,062.19 Motor Vehicle Licenses Fees 524,326.05 514,589.52 9,736.53 Recordation Taxes 1,052,372.54 899,743.62 152,628.92 Meals Tax 2,955,182.80 2,858,651.94 96,530.86 Lodging Tax 313,492.11 276,878.36 36,613.75 Street Lights 15,672.70 16,612.32 (939.62) Star Fort Fees 4,170.81 4,199.90 (29.09) Total 21,212,765.71 20,325,406.25 887,359.46 (3)Permits&Privileges Dog Licenses 26,097.00 32,217.00 (6,120.00) Land Use Application Fees 9,600.00 7,400.00 2,200.00 Transfer Fees 2,294.10 1,991.47 302.63 Development Review Fees 430,913.89 309,353.92 121,559.97 Building Permits 934,679.57 679,707.80 254,971.77 2% State Fees 9,858.46 11,387.06 (1,528.60) Electrical Permits 82,963.00 56,435.00 26,528.00 Plumbing Permits 18,564.80 10,111.00 8,453.80 Mechanical Permits 103,656.00 47,118.50 56,537.50 Sign Permits 3,576.72 1,920.00 1,656.72 Permits for Commercial Burning 100.00 500.00 (400.00) Explosive Storage Permits 1,100.00 700.00 400.00 Blasting Permits 375.00 210.00 165.00 Land Disturbance Permits 116,632.02 83,098.00 33,534.02 Septic Haulers Permit 300.00 200.00 100.00 Sewage Installation License 1,750.00 600.00 1,150.00 Transfer Development Rights - 600.00 (600.00) Total 1,742,460.56 1,243,549.75 498,910.81 (4) Revenue from use of Money 144,303.41 113,018.53 31,284.88 Property 33,013.91 58,978.96 (25,965.05) Total 177,317.32 171,997.49 5,319.83 16 (5) Recovered CostsFY16FY15Increase/Decrease 3/31/163/31/15 Recovered Costs Treas.Office 44,626.00 44,626.00 - Worker's Comp 950.00 950.00 - Purchasing Card Rebate 124,206.59 98,068.29 26,138.30 Recovered Costs-IT/GIS 20,313.98 20,000.00 313.98 Recovered Costs F&R Fee Recovery 547,402.07 216,783.54 330,618.53 Recovered Cost Fire Companies 38,672.90 16,758.26 21,914.64 Reimbursement Circuit Court 9,741.94 9,397.87 344.07 Reimb.Public Works/Planning Clean Up 2,846.25 723.75 2,122.50 Clarke County Container Fees 42,236.25 34,793.35 7,442.90 City of Winchester Container Fees 36,605.41 28,576.87 8,028.54 Refuse Disposal Fees 57,990.66 44,521.21 13,469.45 Recycling Revenue 46,763.94 46,547.16 216.78 Fire & Rescue Merchandise(Resale) 1,050.00 - 1,050.00 Container Fees Bowman Library 1,021.16 1,159.66 (138.50) Litter-Thon/Keep VA Beautiful Grant 500.00 - 500.00 Restitution Victim Witness 6,162.05 8,028.53 (1,866.48) Reimb.of Expenses Gen.District Court 19,191.21 21,885.12 (2,693.91) Reimb.Task Force 51,245.26 49,344.52 1,900.74 Sign Deposits Planning 50.00 (50.00) 100.00 Reimbursement-Construction Projects - 385,799.69 (385,799.69) *1 Reimbursement Elections - 4,402.01 (4,402.01) Westminster Canterbury Lieu of Tax 12,456.00 24,450.10 (11,994.10) Grounds Maint.Frederick Co. Schools 225,070.61 197,106.43 27,964.18 Comcast PEG Grant 53,839.80 53,095.50 744.30 Fire School Programs 14,714.25 12,825.00 1,889.25 Clerks Reimbursement to County 8,119.70 7,618.29 501.41 Sheriff Reimbursement 1,011.58 21,105.74 (20,094.16) Subtotal Recovered Costs 1,366,787.61 1,348,516.89 18,270.72 Proffer-Other 483,090.46 449.50 482,640.96 *2 Lynnhaven 23,648.17 - 23,648.17 Proffer Sovereign Village - 14,634.92 (14,634.92) Proffer Redbud Run 64,540.00 32,270.00 32,270.00 Proffer Canter Estates 69,495.49 8,175.94 61,319.55 Proffer Village at Harvest Ridge 12,312.00 7,695.00 4,617.00 Proffer Southern Hills 24,550.00 - 24,550.00 Proffer Snowden Bridge 418,588.17 440,776.05 (22,187.88) Proffer Meadows Edge Racey Tract 221,584.00 352,520.00 (130,936.00) Cedar Meadows 58,572.00 9,762.00 48,810.00 Proffer Westbury Commons 1,000.00 - 1,000.00 Subtotal Proffers 1,377,380.29 866,283.41 511,096.88 Grand Total 2,744,167.90 2,214,800.30 529,367.60 *1 Reimbursement for the Round Hill Fire and Rescue Station and Event Center design. *2 Blackburn commerce Center Rezoning/Transportation Improvement $452,745.46 17 (6) Commonwealth RevenueFY16FY15 3/31/163/31/15Increase/Decrease Motor Vehicle Carriers Tax 37,721.45 36,948.73 772.72 Mobile Home Titling Tax 98,521.12 89,406.17 9,114.95 Recordation Taxes 284,889.59 254,075.53 30,814.06 P/P State Reimbursement 6,526,528.26 6,526,528.18 0.08 Shared Expenses Comm.Atty. 342,057.47 294,803.58 47,253.89 Shared Expenses Sheriff 1,642,631.91 1,604,477.75 38,154.16 Shared Expenses Comm.of Rev. 144,771.49 142,102.73 2,668.76 Shared Expenses Treasurer 109,928.39 108,079.53 1,848.86 Shared Expenses Clerk 289,058.67 266,964.42 22,094.25 Public Assistance Grants 3,073,566.58 2,785,583.64 287,982.94*1 Litter Control Grants 15,687.00 15,515.00 172.00 Other Revenue from the Commonwealth - 189,785.00 (189,785.00)*2 Emergency Services Fire Program 214,535.00 239,007.00 (24,472.00) DMV Grant Funding 19,107.39 29,032.16 (9,924.77) State Grant Emergency Services 30,754.29 62,786.60 (32,032.31) DCJS & Sheriff (State Grants) 20,000.00 134,181.10 (114,181.10)*3 JJC Grant Juvenile Justice 96,269.00 96,269.00 - Rent/Lease Payments 142,067.83 221,776.83 (79,709.00) Spay/Neuter Assistance -State 2,318.10 2,232.14 85.96 Wireless 911 Grant 45,599.36 48,029.34 (2,429.98) State Forfeited Asset Funds 31,607.23 18,227.63 13,379.60 Victim Witness 25,807.50 51,610.00 (25,802.50) F/R OEMS Reimb. 2,142.00 4,882.38 (2,740.38) Total 13,195,569.63 13,222,304.44 (26,734.81) *1 Increase for special needs *2 DEQ Stormwater revenue FY15 *3 Abbott Grant $99,064.88 FY15 18 County ofFrederick GeneralFund March 31, 2016 (7) Federal Revenue FY16FY15Increase/Decrease 3/31/163/31/15 Federal Forfeited Assets 11,538.45 - 11,538.45 Housing Illegal Aliens-Federal 12,581.00 12,449.00 132.00 Federal Funds-Sheriff 38,983.00 10,191.60 28,791.40 Emergency Services Grant 12,848.00 4,098.00 8,750.00 Total 75,950.45 26,738.60 49,211.85 (8) Expenditures Expenditures increased$2,909,490.22.General Administrationincreased $1,193,577.13andreflects a $661,874.16increase of Commissioner of the Revenue taxrefunds year to date. Additionally, the CSA Public Safety Fund transfer increased $286,980. increased $786,653.82 and reflectsan increase of $162,538.40 for the contribution for the local share for the Jail through the third quarter. Also, Inspections purchased two 2016 Chevrolet Colorado trucks for a total of $52,779 and Fire and Rescue a Public Works 2016 Ford F250 truck ($29,943) and a 2016 Ford Police utility vehicle ($27,066). increased $416,468.40 and includes the County share of the Courthouse Complex maintenance increase of $222,458.46. Additionally, Engineering purchased a 2015 Chevrolet Colorado truck ($26,632), Refuse a 30 yard recycling can and compactor ($17,475) and Maintenance Administration a 2015 Ford Parks,Recreation, and Culture F150 truck ($27,963). increased $427,436.84 and includes vehicle purchases of (2) 2015 Chevrolet Silverado trucks ($24,375 each) and (2)2015Toro Z-turn riding mowers ($13,057 each). Also, the acquisition of property at 692 Old Charles Town Road ($92,561.80). Community Development Thedecrease inreflects the $452,141.35 FY2016 decreasefor the transfer to the Economic Development Authority.The Transfers increased $10,792,038.53.See chart below: (9) Transfers Increased $10,792,038.53 FY16FY15Increase/Decrease 3/31/163/31/2015 Transfer to School Operating36,743,038.3132,892,257.05 3,850,781.26*1 Transfer to Debt Service Schools7,313,075.507,313,075.50 - Transfer to School Construction3,200,000.00 - 3,200,000.00 Transfer to Debt Service County1,961,127.11954,525.82 1,006,601.29*2 Transfer to School Operating Capital4,314,746.72542,593.92 3,772,152.80*3 Transfer to Capital Projects Fund0.001,000,000.00 (1,000,000.00)*4 Transfer to Development Project Fund4,390.00 - 4,390.00 Operational Transfers 132,367.95 174,254.77 (41,886.82)*5 Total53,668,745.5942,876,707.06 10,792,038.53 *1 Increase in FY15 School Operating Transfer. *2 FY16 payments include the Bowman Library, Roundhill, Millwood and the Animal Shelter. *3 FY16 transfer of $4 million to the School to address critical *4 Proffer for Round Hill Fire and Rescue Event Center Site Plan *5 Timing of insurance charge outs. 19 County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER March 31, 2016 ASSETSFY2016FY2015Increase 3/31/163/31/15(Decrease) *1 Cash6,937,386.655,481,337.501,456,049.15 GL controls(est.rev/est.exp)(762,978.28)(907,271.63)144,293.35 TOTAL ASSETS6,174,408.374,574,065.871,600,342.50 LIABILITIES Accrued Operating Reserve Costs2,258,904.002,115,099.00143,805.00 TOTAL LIABILITIES2,258,904.002,115,099.00143,805.00 EQUITY Fund Balance Reserved Encumbrances15,174.0631,557.24(16,383.18) Undesignated *2 Fund Balance3,900,330.312,427,409.631,472,920.68 TOTAL EQUITY3,915,504.372,458,966.871,456,537.50 TOTAL LIABILITY & EQUITY6,174,408.374,574,065.871,600,342.50 NOTES: *1 Cash increased $1,456,049.15. Refer to the following page for comparative statement of revenues, expenditures and changes in fund balance. *2 Fund balance increased $1,472,920.68. The beginning balance for FY16 was $3,209,470.54 and includes adjusting entries, budget controls FY16($725,046.00), and the year to date revenue less expenditures of $1,415,905.77. Current Unrecorded Accounts Receivable- FY2016 Prisoner Billing:31,515.93 . Compensation Board Reimbursement 3/16467,723.58 Total 499,239.51 20 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance 3/31/2016 FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FY2016FY2015 REVENUES: 3/31/163/31/15YTD Actual AppropriatedActualActualVariance Credit Card Probation-131.71110.5121.20 Interest5,938.386,433.35(494.97) Supervision Fees41,696.0028,663.0029,398.00(735.00) Drug Testing Fees5,000.00-565.00(565.00) Work Release Fees355,828.00243,879.51219,728.4924,151.02 Federal Bureau Of Prisons0.001,147.523,510.28(2,362.76) Local Contributions6,495,106.006,495,106.005,602,369.54892,736.46 Miscellaneous15,000.005,768.865,043.90724.96 Phone Commissions345,000.00259,286.46199,725.5459,560.92 Food & Staff Reimbursement130,000.0041,398.7180,416.17(39,017.46) Elec.Monitoring Part.Fees90,000.0074,765.8658,278.3416,487.52 Share of Jail Cost Commonwealth1,097,197.00747,470.60608,468.11139,002.49 Medical & Health Reimb.68,000.0056,420.1348,236.068,184.07 Shared Expenses CFW Jail5,090,140.003,603,379.133,554,044.7649,334.37 State Grants250,263.00144,570.0088,116.0056,454.00 Local Offender Probation252,286.00138,164.0067,190.0070,974.00 DOC Contract Beds0.000.001,751.18(1,751.18) Bond Proceeds0.0077,024.080.0077,024.08 Transfer From General Fund5,103,298.003,827,473.503,664,935.10162,538.40 TOTAL REVENUES 19,338,814.0015,750,587.4514,238,320.331,512,267.12 EXPENDITURES: 20,116,966.3414,334,681.6813,624,928.61709,753.07 Excess(Deficiency)of revenues over expenditures 1,415,905.77613,391.72802,514.05 FUND BALANCE PER GENERAL LEDGER 2,484,424.541,814,017.91670,406.63 Fund Balance Adjusted To Reflect 3,900,330.312,427,409.631,472,920.68 Income Statement @ 3/31/16 21 County of Frederick Fund 12 Landfill March 31, 2016 FY2016FY2015Increase ASSETS3/31/163/31/15(Decrease) Cash33,724,689.3831,794,506.731,930,182.65 Receivables: Fees621,044.26525,785.8395,258.43*1 Allow.Uncollectible Fees(84,000.00)(84,000.00)0.00 Misc. Charges1,522.180.001,522.18 Fixed Assets44,899,611.0743,682,208.641,217,402.43 Accumulated Depreciation(26,818,616.30)(25,115,864.21)(1,702,752.09) GL controls(est.rev/est.exp)(731,470.00)(4,334,719.22)3,603,249.22 TOTAL ASSETS51,612,780.5946,467,917.775,144,862.82 LIABILITIES Accounts Payable - - Accrued VAC.Pay and Comp TimePay191,362.47178,911.2412,451.23 Accrued Remediation Costs12,485,783.9311,938,535.78547,248.15*2 Retainage Payable0.009,244.62(9,244.62) Misc. Charges1,522.180.001,522.18 TOTAL LIABILITIES12,678,668.5812,126,691.64551,976.94 EQUITY Fund Balance Reserved: Encumbrances0.00720,670.00(720,670.00)*3 Land Acquisition1,048,000.001,048,000.000.00 New Development Costs3,812,000.003,812,000.000.00 Environmental Project Costs1,948,442.001,948,442.000.00 Equipment3,050,000.003,050,000.000.00 Undesignated Fund Balance29,075,670.0123,762,114.135,313,555.88*4 . TOTAL EQUITY38,934,112.0134,341,226.134,592,885.88 TOTAL LIABILITY AND EQUITY51,612,780.5946,467,917.775,144,862.82 NOTES: *1 Landfill fees increased $95,258.43 and is due to an increase in tipping fee rates. Landfill fees at 3/16 were $532,525.05 compared to $424,301.42 at 3/15 for an increase of $108,223.63. Delinquent fees at 3/16 were $84,207.23 compared to $98,246.49 at 3/15 for a decrease of $14,039.26. *2 Remediation increase $547,248.15 and includes $517,368.00 for post closure and $29,880.15 interest. *3 There is no encumbrance balance at 3/31/16. *4 Fund balance increased $5,313,555.88. The beginning balance was $27,730,771.72 and includes adjusting entries budget controls for FY16($75,138) and year to date revenue less expenditures of $1,420,036.29. 22 County of Frederick Comparative Statement of Revenue,Expenditures and Changes in Fund Balance March 31, 2016 FUND 12 LANDFILLFY16FY15YTD REVENUES3/31/163/31/15Actual AppropriatedActualActualVariance Interest Charge0.003,031.412,665.57365.84 Interest on Bank Deposits60,000.0040,313.7842,858.08(2,544.30) Salvage and Surplus0.0051,520.6088,001.55(36,480.95) Sanitary Landfill Fees5,080,500.003,916,329.803,295,002.96621,326.84 Charges to County0.00288,740.04234,116.1054,623.94 Charges to Winchester0.0082,069.3065,960.1216,109.18 Tire Recycling120,000.0065,888.24129,726.05(63,837.81) Reg.Recycling Electronics60,000.0034,710.0028,588.016,121.99 Greenhouse Gas Credit Sales22,508.063,668.2818,839.78 Miscellaneous60,000.004,734.004,843.00(109.00) Wheel Recycling120,000.000.0010,491.47(10,491.47) Renewable Energy Credits116,262.00101,256.30105,313.32(4,057.02) Landfill Gas To Electricity394,620.00271,996.01381,147.32(109,151.31) Waste Oil Recycling1,920.537,506.19(5,585.66) State Reimbursement Tire Operation0.000.000.000.00 TOTAL REVENUES6,011,382.004,885,018.074,399,888.02485,130.05 Operating Expenditures5,391,520.002,687,435.802,248,994.11438,441.69 Capital Expenditures1,351,332.00777,545.981,393,954.92(616,408.94) TOTAL Expenditures 6,742,852.003,464,981.783,642,949.03(177,967.25) Excess(defiency)of revenue over expenditures1,420,036.29756,938.99663,097.30 Fund Balance Per General Ledger27,655,633.7223,005,175.144,650,458.58 FUND BALANCE ADJUSTED 29,075,670.0123,762,114.135,313,555.88 23 REZONING APPLICATION #02-16 I-81 WEST BUSINESS PARK Staff Report for the Board of Supervisors Prepared: April 8, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director John Bishop, AICP, Assistant Director Transportation Reviewed Action Planning Commission: 03/16/16 Public Hearing Held; Tabled 30 Days Planning Commission: 04/06/16 Recommended Approval Board of Supervisors: 04/27/16 Pending PROPOSAL: Rezoning #02-16 for I-81 WEST BUSINESS PARK submitted by GreyWolfe, Inc., to rezone 36.676 acres from the RA (Rural Areas) District to the B2 (General Business) District, 45.453 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA (Rural Areas) District to the M1(Light Industrial) District, with proffers. LOCATION: The properties are located on the west side of Interstate 81 between Cedar Hill Road (Route 671) and Hopewell Road (Route 672). EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR 04/27/16 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 155.489 acres of land from the RA (Rural Areas) District to the B2, B3 and M1 Districts with proffers, to accommodate commercial and industrial uses. The property is located within the Sewer and Water Service Area (SWSA). With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property. Per previous comments, the Applicant has proffered right- of-way sufficient for a major collector roadway, access roads to the existing and proposed future I-81 ramps, and has allowed for the signalization proffers to be used as cash toward transportation improvements if the need arises. Following a public hearing at their March 16, 2016 meeting, the Planning Commission tabled the application for up to 30 days to allow for revised proffers to be submitted and reviewed that addressed meeting the Commission voted unanimously to recommend approval of the I-81 West Business Park Rezoning request. The I-81 West Business Park rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Northeast Land Use Plan which provide guidance on the future development of the property. A few transportation issues have been identified in the staff report that should be carefully evaluated to ensure that they fully address the impacts associated with this rezoning request. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/16 Public Hearing Held; Tabled 30 Days Planning Commission: 04/06/16 Recommended Approval Board of Supervisors: 04/27/16 Pending PROPOSAL: Rezoning #02-16 for I-81 West Business Park submitted by GreyWolfe, Inc., to rezone 36.676 acres from the RA (Rural Areas) District to the B2 (General Business) District, 45.453 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA (Rural Areas) District to M1(Light Industrial) District, with proffers. LOCATION: The properties are located on the west side of Interstate 81 between Cedar Hill Road (Route 671) and Hopewell Road (Route 672). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-113, 33-A-124, and 33-A-114B PROPERTY ZONING : RA (Rural Areas) District PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Residential and Agricultural South: RA (Rural Areas) District Use: Residential and Agricultural East: RA (Rural Areas) District Use: Residential and Agricultural West: RA (Rural Areas) District Use: Residential, Church, I-81 Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see the attached VDOT comment letter dated March 29, 2016. Fire Marshal: Plans Approved. Public Works Department: Recommend approval. Frederick County Sanitation Authority: Please see attached letter from Eric R. Lawrence, Executive Director dated January 19, 2016. Frederick County Attorney: Please see attached letter from Roderick B. Williams, County Attorney, dated December 18, 2015. Frederick County Planning Department: See attached comments from Michael T. Ruddy, Deputy Director dated January 19, 2016. Frederick County Transportation Comments: Comments incorporated into general Planning Department Comments above. Planning & Zoning: Site History 1) The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcel as A- zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. Comprehensive Policy Plan 2) The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA). The 2030 Comprehensive Plan identifies this property with a combination of commercial and industrial land use designations. In general, the proposed industrial and commercial zoning is consistent with the current land use supported by the Comprehensive Plan. Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 4 This rezoning is based on an amendment to the 2030 Comprehensive Plan, Appendix I - Area Plans, The Northeast Frederick Land Use Plan. CPPA #01-14, Blain Properties Sewer and Water Service Area (SWSA) Inclusion; Parcels 33-A-113 and 33-A-124. Language included in the update: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the northsouth major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. Transportation in the area would be a big consideration in future land use decisions. Site Access and Transportation. The Eastern Road Plan and the Northeast Frederick Land Use Plan call for a new north-south major collector roadway (UD4) that runs from Hopewell Road to Cedar Hill Road; this proposed roadway runs through the limits of this project. The Comprehensive Plan also calls for improvements at Exit 321 on Interstate 81 such as the Hopewell-Brucetown Road re- alignment and the relocation of the northern Interstate 81 ramps from Hopewell Road to Cedar Hill Road. Finally, the Eastern Road Plan calls for interchange improvements that impact this property due to the need for frontage roads. History. The Rural Landmarks Survey Report for Frederick County, Virginia, identifies one potentially significant historic structure located within the vicinity of the proposed rezoning (Robinson- Cline House (#34-1056)). The HRAB discussed this rezoning application at their meeting on October 20, 2015; the HRAB had no comments for the application. 3) Site Suitability/Environment The site is not located within a 100 year floodplain. However, this area is known for karst topography and special attention should be paid during development for potential sinkholes and related impacts. The majority of the stormwater runoff drains to the east towards Interstate 81. The A Soils. The soils types determined from the USDA's "Soils Survey of Frederick County, VA" shows Frederick-Poplimento loams (14B & 14C), Frederick-Poplimento outcrop complex (17C), and Oaklet silt loams (32B & 32C). These soils have medium erodibility and runoff. These soil types are clay with an abundance of limestone rock. Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 5 Water/Sewer. There is a pump station designed on the Open Door Baptist Church site which will receive then Redbud Pump Station, and eventually flows into the Opequon Treatment Plant. There is an 4) Potential Impacts Transportation. With this rezoning application, the Applicant has proffered to construct a collector road between Hopewell Road and Cedar Hill Road. It should be noted that this new major collector roadway is shown in the Eastern Road Plan as an urban four lane divided highway, which would have an ultimate right-of- The Applicant has proffered a two lane roadway with an 80 right-of way, constructed with shoulders. The Applicant has also proffered to enter into signalization agreements at the new roadway (Alfalfa Lane) and Hopewell Road and the new roadway and both interchange ramps. Traffic generation has also been limited to 6,330 average daily trips based upon the ITE Trip Generation Manual. The Applicant has not addressed the need for frontage roads as shown in the Eastern Road Plan, however the Applicant has proposed providing right-of-way for access roads to I-81 and the proposed I-81 ramps. included in your package. The Applicant has revised the TIA and issued a response but an updated VDOT comment has not been received. The TIA does indicate that the expected trip distribution places the majority of trips I-81 (80%) so the heaviest traffic impact projected is at the intersections with the interchange ramps. With just 6% allocated to Route 11 this does result in a relatively small additional impact on the intersection of Hopewell and Brucetown Roads with Route 11. However, it must be noted that the Hopewell and Brucetown Road intersections, while operating better from a safety perspective since According to the TIA the operations at the site entrance and the I-81 ramps remain acceptable with the exception of the I-81 NB exit ramp which has a level of service D in the 2025 build out year. 5) Proffer Statement 1.Transportation - Vehicle Trips per Day to be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. The owners hereby proffer that the Average Daily Trips shall not exceed 6,330. Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 6 a. The owners hereby proffer to construct a road to connect Cedar Hill Road (Route 671) to Hopewell Road (Route 672) as shown on the GDP within a 80-of -way. This road and any turn lanes required for the road connections will be built to VDOT standards and de paved trail. This will be completed prior to the issuance of any occupancy permits. Staff Note: The Eastern Road Plan calls for this roadway to be a new major collector road, constructed as an urban four-lane divided highway. Frederick along Cedar Hill Road (Route 671) Lane for the future widening as shown on the GDP. This dedication will be prior to the issuance of any occupancy permits. c. The owners hereby proffer three signalization agreements with VDOT at the intersections of Alfalfa Lane, the northbound ramps, and the southbound ramps of Interstate 81 with Hopewell Road (Route 672). These agreements shall be for a pro rata share of only the signal lights, when warranted by VDOT; and not for ramps, roads, or other improvements unless proffered herein. The monetary value of this proffer may be delivered in cash instead, to the County of Frederick, for road improvements in the area when signals are warranted. d. The owners hereby proffers no commercial entrances shall be built onto Cedar Hill Road (Route 671). e. The owners hereby proffers to dedicate 1.21 acres as shown on the GDP to the County of Frederick. Said dedication will be within 90 days of written request from the County of Frederick or at any time by the owners during development. f. The owners hereby pro-of-way to the County of Frederick for limited access road connections aligned with interstate ramps to Alfalfa Lane as shown on the GDP. The final alignments to be determined by others. All road construction by others. The right-of- way shall be dedicated within 60 days when requested by the County of Frederick. This proffer shall be deemed extinguished if a modification of the Frederik County Comprehensive Plan removes these connections. Staff Note: The Applicant has not addressed right-of-way needs for the future ramp configuration and frontage roads as shown in the Eastern Road Plan but has proposed this as an alternative. 2. Fire & Rescue Monetary Contributions: a.The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.05 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to the issuance of occupancy permits The term for each story. Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 7 3)Frederick County Sanitation Authority: a.The owners hereby proffer to grant a temporary easement to the Frederick County Sanitation Authority, as shown on sheet 2 of the GDP, on tax parcel 33-A-39 for a ground level water tank. The easement shall begin upon approval of the rezoning and extinguished on December 31, 2021. If the Frederick County Sanitation Authority has started construction during that time, then the 1.33 acre of land within the easement shall be dedicated to the Frederick County Sanitation Authority in fee simple on December 31, 2021. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/16/16 MEETING: Staff reported this application is to rezone a total of 155.489 acres of land from the RA (Rural Areas) District to the B2, B3, and M1 Districts with proffers, to accommodate commercial and industrial uses. Staff continued the property is located within the Sewer and Water Service Area (SWSA) and in general, the proposed industrial and commercial zoning is consistent with the current land use supported by the Comprehensive Plan. Staff noted with this rezoning application the Applicant is requesting an allowance for commercial and industrial uses. Staff continued within the proffer statement there is a condition that limits the daily trips to 6,330 per day. The Applicant has also proffered a monetary contribution to Fire and Rescue of $0.05 per building square foot and have proffered to Frederick County Sanitation Authority to construct a ground level water tank on the property. Staff presented mapping of the site with the Eastern Road Plan overlay. Staff explained the Applicant has proffered a two-lane road on a 60 right-of-way; however within the Comprehensive Plan there is a major collector road which would require an 80 right-of-way. Staff continued the Applicant has proffered to enter into signalization agreements; the TIA (Traffic Impact Analysis) has not quite triggered the need for signals at this time, however it is close enough to be of a concern to VDOT and Staff. Staff has requested flexibility to this proffer; specifically should something else develop at the intersection of Hopewell Road, Brucetown Road, and Martinsburg Pike. Staff reported the Eastern Road Plan does include potential plans for a split interchange that was done when the Route 11 study was completed and it was modeled using MPO resources, basically the point was the lack of area on Route 11 North for a major interchange however, the Land Use Plan calls for significant additional development. Staff continued this was proposed as a way to help spread out the demand on that interchange; it takes the ramps on the north side of Hopewell Road and brings them to the north side of Cedar Hill Road and connects via frontage roads along I-81. Staff noted the Applicant does not control all of that property. Staff requested the Applicant to look at the situation and give consideration on how they may be able to handle that as it is unaddressed in the proffers. Staff noted this is something continuously being studied through the MPO and is being called the 317 Area Study. Mr. Tim Stowe representing the Applicant came forward and presented a brief overview of this project. He reported the project has been scaled back in order to manage the traffic and the concerns. Mr. Stowe continued the proffer that addresses the traffic was developed in consideration of the interchange at I-81 as well as the intersection of Hopewell Road, Martinsburg Pike, and Brucetown Road. Mr. Stowe explained on Friday March 11, 2016 the Applicant received comments from VDOT that deal primarily Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 8 with the proffers; they have communicated with Staff since that time and have updated the proffers. In summary Mr. Stowe noted the adjustments made by the Applicant; the north south road (Alfalfa Lane) will include a multi-use trail; right-of-way increased to 80; adding additional right-of-way on Cedar Hill Road to widen to 80 reconfigured ramps and proffered an alignment and right-of-way; adjusted the signal proffer. Mr. Stowe concluded the water tank proffer has a time limit and the Frederick County Sanitation Authority is completing a study on this. A Commission Member asked does VDOT seem satisfied with the proffer adjustments. Mr. Stowe responded the adjustments were sent to them today. A Commission Member inquired what is the level of service in the TIA at the intersection. Mr. Stowe explained it was looked at two ways and the Applicant proposed an all way stop which put the level at a C and VDOT was satisfied with that. A Commission Member asked to what extent Staff has reviewed the updated information. Staff reported the information has been addressed with the exception of a VDOT request for greater analysis of the interchange. A Commission Member asked legal counsel for the County are the members within purview to briefly reviewed the updates. The Public Hearing was opened to citizen comments. A citizen came forward and expressed her concern with the traffic this project will generate in the area. There were no additional comments and the Public Hearing was closed. A Commission Member commented he is comfortable with this rezoning. He is concerned with moving forward without having seen the updated materials and he would prefer to table this rezoning. A motion was made, seconded, and passed unanimously to recommend this rezoning be tabled for 30 days. Abstain: Oates Absent: Crockett PLANNING COMMISSION SUMMARY AND ACTION FROM THE 04/06/16 MEETING: Staff reported this application is to rezone a total of 155.489 acres from the RA (Rural Areas) District to the B2 (General Business), B3 (Industrial Transition), and M1 (Light Industrial) Districts with proffers. Staff reviewed the GDP which was provided with the original application and noted the transportation concerns discussed at the March 16th meeting: more flexibility with regard to the signalization proffers to allow for potential conversions to cash should a likely and worthy project arise and the flexibility be needed; proffered 60 foot right-of-way for potential major collector road; Eastern Road Plan shows frontage roads through the property to a future split interchange that was not addressed. Staff reported the Applicant has since provided updated proffers. Staff explained the GDP looks relatively similar Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 9 with the exception of additional ramp lines through the two land bays that are closest to the interstate; they are meant to address the split interchange. Staff noted a property that is in the middle (Open Door Church) which has a large cross structure along I-81 and a cemetery that is being developed. Staff reported this new configuration has not yet been approved by VDOT; and noted the past configuration was not taken through a full federal highway approval process. Staff continued the Applicant has increased the right-of-way for their main central roadway (Alfalfa Lane) to allow for a major collector road; the Applicant will be constructing two lanes at this time; however the right-of-way provided will allow the future four lane roadway. Staff reiterated the Applicant has allowed for the conversion to a cash proffer for the signals should they be needed. Staff reported a number of transportation concerns are still present with this application and the application is partially consistent with the Comprehensive Plan. Staff noted VDOT has requested a signal warrant analysis be included in the proffer as well as requested turn lane improvements associated with the new road construction and a clarification to the proffer that Alfalfa Lane would be constructed prior to a CO (Certificate of Occupancy) of any of the properties. A Commission Member inquired how much more of a process is it to get a signal warrant analysis to determine whether the 6,330 trips per day have been met. Staff explained it is not 6,330 trips that initializes the signal; the signal warrant analysis looks at specific factors and if VDOT runs one it costs approximately $3,000 and they prefer the Applicant absorb this cost. Mr. Tim Stowe representing the Applicant came forward and addressed the previous question regarding a signal analysis. He elaborated the signal warrant analysis is a separate process from a TIA (Traffic Impact Analysis); the signal warrant analysis is based on detailed traffic counts that are collected hourly over a 12-16 hour period of time. A Commission Member commented it appears VDOT is on board with this revised proposal. A Commission Member commented he is in favor of this application as presented this time and it appears the Applicant has adequately addressed the transportation concerns to minimize the transportation impacts. Abstain: Oates Absent: Marston, Dunlap EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/27/16 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 155.489 acres of land from the RA (Rural Areas) District to the B2, B3 and M1 Districts with proffers, to accommodate commercial and industrial uses. The property is located within the Sewer and Water Service Area (SWSA). With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property. Per previous comments, the Applicant has proffered right- of-way sufficient for a major collector roadway, access roads to the existing and proposed future I-81 Rezoning #02-16 I-81 West Business Park April 14, 2016 Page 10 ramps, and has allowed for the signalization proffers to be used as cash toward transportation improvements if the need arises. Following a public hearing at their March 16, 2016 meeting, the Planning Commission tabled the application for up to 30 days to allow for revised proffers to be submitted and reviewed that addressed meeting the Commission voted unanimously to recommend approval of the I-81 West Business Park Rezoning request. The I-81 West Business Park rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Northeast Land Use Plan which provide guidance on the future development of the property. A few transportation issues have been identified in the staff report that should be carefully evaluated to ensure that they fully address the impacts associated with this rezoning request. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. BROWN LNBURGESS LN180108260 THISTLE LN 170TIMBERLAKES LN 185 TIMBERLAKES LN TIMBERLAKES LN ORNDOFF DR 107 REZ # 02 - 16 BURGESS LN TIMBERLAKES LN 353 ORNDOFF DR 106 160 THISTLE LN 138 ORNDOFF DR TIMBERLAKES LN BURGESS LN 81 West Business Park 1591 1453 CEDAR CEDAR HILL RD 103 HILL RD 1571 PINs:1521 1639 ORNDOFF DR 1581 14611827 CEDAR CEDAR CEDAR CEDAR CEDARHILL RDCEDAR 33 - A - 113, 33 - A - 114B, 33 - A - 124 HILL RD HILL RD 1663 HILL RD1607 HILL RDHILL RD CEDAR CEDAR Rezoning from RA to B2, B3, and M1 HILL RD 4027 HILL RD ST 100 MARTINSBURG 671 1787 ORNDOFF DR PIKE CEDAR 1767 HILL RD CEDAR HILL RD 1807 CEDAR HILL RD ST 671 REZ #02-16 33 A 113 REZ #02-16 2021 CEDAR HILL RD 33 A 124 2042 CEDAR HILL CEDAR ST ESTATES HILL RD 671 Subdivision 2000 2020 CEDAR CEDAR HILL RD HILL RD 340 3721 APPLE 3683 MARTINSBURG § ¨¦ VIEW DR MARTINSBURG 81 PIKE PIKE 300 3703 § 281¨¦ APPLE MARTINSBURG 81 JEREMIAH LN VIEW DR PIKE 258 3647 333 APPLE MARTINSBURG JEREMIAH LN VIEW DR PIKE 216 3656 APPLE 115 MARTINSBURG 827 VIEW DR JEFFS PIKE HOPEWELL RD WAY 190 01 3599 APPLE MARTINSBURG 11 VIEW DR PIKE 152 REZ #02-16 APPLE 3588 VIEW DR MARTINSBURG 33 A 114B PIKE APPLE VIEW 171 781 ESTATES APPLE HOPEWELL RD Subdivision VIEW DR 3538 MARTINSBURG 761 PIKE HOPEWELL RD 3522 MARTINSBURG 669 01 PIKE HOPEWELL RD ST 11 ST 672 Applications 672 746 Parcels § ¨¦ HOPEWELL RD ST 81 3468 Sewer and Water Service Area 672 MARTINSBURG 722 Building Footprints 3441 920PIKE HOPEWELL RD MARTINSBURG HOPEWELL RD B1 (Business, Neighborhood District) PIKE B2 (Business, General Distrist) Clear Brook 01 1194 234 113 B3 (Business, Industrial Transition District) 11 BRUCETOWN RD WAVERLY RD HOPEWELL LN EM (Extractive Manufacturing District) MARTINSBURG 1164 ST 117 3425 BRUCETOWN RD HE (Higher Education District) 665 125 3418 HOPEWELL LN MARTINSBURG M1 (Industrial, Light District) Note: REZ # 02 - 16 M2 (Industrial, General District) Frederick County Dept of MH1 (Mobile Home Community District) 81 West Business Park Planning & Development I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 33 - A - 113, 33 - A - 114B, 33 - A - 124 Winchester, VA 22601 Rezoning from RA to B2, B3, and M1 R4 (Residential Planned Community District) 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: February 25, 2016 RA (Rural Area District) Staff: mruddy RP (Residential Performance District) 04358701,740Feet BROWN LNBURGESS LN180108260 THISTLE LN 170TIMBERLAKES LN 185 TIMBERLAKES LN TIMBERLAKES LN ORNDOFF DR 107 REZ # 02 - 16 BURGESS LN TIMBERLAKES LN 353 ORNDOFF DR 106 160 THISTLE LN 138 ORNDOFF DR TIMBERLAKES LN BURGESS LN 81 West Business Park 1591 1453 CEDAR CEDAR HILL RD 103 HILL RD 1571 PINs:1521 1639 ORNDOFF DR 1581 14611827 CEDAR CEDAR CEDAR CEDAR CEDARHILL RDCEDAR 33 - A - 113, 33 - A - 114B, 33 - A - 124 HILL RD HILL RD 1663 HILL RD1607 HILL RDHILL RD CEDAR CEDAR Rezoning from RA to B2, B3, and M1 HILL RD 4027 HILL RD ST 100 MARTINSBURG 671 1787 ORNDOFF DR PIKE CEDAR 1767 HILL RD CEDAR HILL RD 1807 CEDAR HILL RD ST 671 REZ #02-16 33 A 113 REZ #02-16 2021 CEDAR HILL RD 33 A 124 2042 CEDAR HILL CEDAR ST ESTATES HILL RD 671 Subdivision 2000 2020 CEDAR CEDAR HILL RD HILL RD 340 3721 APPLE 3683 MARTINSBURG § ¨¦ VIEW DR MARTINSBURG 81 PIKE PIKE 300 3703 § 281¨¦ Applications APPLE MARTINSBURG 81 JEREMIAH LN VIEW DR PIKE Parcels Sewer and Water Service Area 258 3647 333 APPLE Building Footprints MARTINSBURG JEREMIAH LN VIEW DR Long Range Land Use PIKE Residential 216 3656 Neighborhood Village APPLE 115 MARTINSBURG 827 Urban Center VIEW DR JEFFS PIKE HOPEWELL RD WAY Mobile Home Community 190 01 Business 3599 APPLE MARTINSBURG 11 Highway Commercial VIEW DR PIKE 152 REZ #02-16 Mixed-Use APPLE 3588 VIEW DR Mixed Use Commercial/Office MARTINSBURG 33 A 114B Mixed Use Industrial/Office PIKE Industrial APPLE VIEW 171 781 ESTATES Warehouse APPLE HOPEWELL RD Subdivision VIEW DR Heavy Industrial 3538 MARTINSBURG 761 Extractive Mining PIKE HOPEWELL RD 3522 Commercial Rec MARTINSBURG 669 01 PIKE Rural Community Center HOPEWELL RD ST 11 ST 672 Fire & Rescue 672 746 Historic § ¨¦ HOPEWELL RD ST 81 3468 Institutional 672 MARTINSBURG 722 Planned Unit Development 3441 920PIKE HOPEWELL RD MARTINSBURG HOPEWELL RD Park PIKE Recreation Clear Brook 01 1194 234 113 School 11 BRUCETOWN RD WAVERLY RD HOPEWELL LN Employment MARTINSBURG 1164 ST 117 3425 BRUCETOWN RD Airport Support Area 665 125 3418 HOPEWELL LN MARTINSBURG B2 / B3 Note: REZ # 02 - 16 Residential, 4 u/a Frederick County Dept of High-Density Residential, 6 u/a 81 West Business Park Planning & Development I High-Density Residential, 12-16 u/a 107 N Kent St PINs: Suite 202 Rural Area 33 - A - 113, 33 - A - 114B, 33 - A - 124 Winchester, VA 22601 Rezoning from RA to B2, B3, and M1 Interstate Buffer 540 - 665 - 5651 Landfill Support Area Map Created: February 25, 2016 Natural Resources & Recreation Staff: mruddy Environmental & Recreational Resources 04358701,740Feet AMENDMENT Action: PLANNING COMMISSION: March 16, 2016 - Public Hearing Held; Tabled 30 Days April 6, 2016 - Recommended Approval - BOARD OF SUPERVISORS: April 27, 2016 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-16 I-81 WEST BUSINESS PARK , WHEREAS Rezoning #02-16, of I-81 West Business Park submitted by GreyWolfe, Inc., to rezone 36.676 acres from RA (Rural Areas) District to the B2 (General Business) District, 45.453 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers to accommodate commercial and industrial uses, final revision dated April 7, 2016 was considered. The properties are located on the west side of Interstate 81 between Cedar Hill Road (Rt. 671) and Hopewell Road (Rt. 672). The properties are further identified with PIN(s) 33-A-113, 33-A-124 and 33-A-114B in the Stonewall Magisterial District; and , WHEREAS the Planning Commission held a public hearing on this rezoning on March 16, 2016 and tabled the application for up to 30 days to allow for revised proffers to be submitted; and WHEREAS, the Planning Commission held a public meeting on this rezoning on April 6, 2016 and recommended approval; and , WHEREAS the Board of Supervisors held a public hearing on this rezoning on April 27, 2016; and , WHEREAS the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 36.676 acres from RA (Rural Areas) District to the B2 (General Business) District, 45.453 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the PDRes#11-16 -2- RA (Rural Areas) District to the M1 (Light Industrial) District with proffers to accommodate commercial and industrial uses, final revision dated April 7, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property owner is attached. This ordinance shall be in effect on the date of adoption. Passed this 27th day of April, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Robert A. Hess ____ Robert W. Wells ____ Gene E. Fisher ____ Judith McCann-Slaughter ____ Blaine P. Dunn ____ A COPY ATTEST _________________________________ Brenda G. Garton Frederick County Administrator PDRes#11-16 Blain&ClineRezoningTIA,FrederickCounty,VA {Ò©äE5hw;Ýz;Þ/;· a©-wr 1.Sincetheapplicanthasagreedtoprofferaproratashareofthecostfortheinstallationoffuturetrafficsignals attheHopewellRoad/I81rampsandHopewellRoad/siteentrance,withflexibilityofsaidcostbeingableto aidintheimplementationofalternativetransportationimprovementsinthevicinityoftheI81,Exit321 interchange,VDOTStauntonDistrictPlanningfindsthecurrentTIAtobeacceptableinmeetingtheintentof Chapter527TIArequirements.PleasenotethatwithfutureTIAsubmissions,alltransportationimprovements recommendedinareportwillbebasedonmodelingandanalysisresultsofsaidimprovement. 2.VDOTrecommendsthatProffer1.dbeupdatedtostatethatasignalwarrantanalysisthatassumesfullbuildout andthesite ofthesite(6,330ADTasproffered)willbeconductedforthethreeintersections(HopewellRoad entranceandI81ramps)andsubmittedwiththeinitialsiteplanonthepropertytodeterminetheÞ;©xpro ratashareofthesignalinstallation.Themonetaryvalueoftheproratasharewillbeplacedinescrowwith planapprovaltobeutilizedintheinstallationofthethreetrafficsignals FrederickCountyasaconditionofsite (whenwarranted)oranalternativetransportationimprovementalongHopewellRoad/I81,Exit321 interchange.Atthe/Ò·äxrequest,VDOTcanprovidereviewassistanceonthesignalwarrantanalysisattime thecorrectproratasharebytheowner/developer. ofsiteplanreviewtoensure 3.VDOTrecommendsthatProffer1.abeupdatedtospecifythattheowner/developerwillberesponsibleforall necessaryturnlaneimprovementsalongHopewellRoadandCedarHillRoadwiththeconnectionstothe proposedAlfalfaLane.Additionally,werecommendthatthisprofferstatethattheinternalroadimprovement andrequiredturnlanesalongHopewellRoadandCedarHillRoadwillbecompletedpriortotheissuanceofthe firstoccupancypermitonthesite(thistriggerwasincludedinthepreviousversionsofthisproffer). 4.AlthoughProffer1.gandtheGDPcurrentlyonlyprovideforrightofwaydedicationforfuturemodificationsto theI81,Exit321interchange,itis5hxopinionthatthefuturerampalignmentsbasedontherightofway dedicationneithermeetstheintentoftheFrederickCountyComprehensivePlanorwouldbeacceptablebythe FederalHighwayAdministration.TheFrederickCountyComprehensivePlanidentifiestheplannedinterchange improvementsatExit321beingconnectedbycollectordistributorlanes.Thecurrentrightofwaydedicationas shownontheGDPillustratesfutureinterstaterampmodificationsconnectingdirectlytothe7;Ý;¦;·x internalroadway(AlfalfaLane). 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, CZA, Assistant Director SUBJECT: Ordinance Amendment Flea Markets as a Conditional Use in the B2/B3 Districts DATE: April 14, 2016 Staff has been requested to draft an amendment to the Zoning Ord of outdoor flea markets. Currently, flea markets operated outdo use in the RA (Rural Areas) District through a Conditional Use P operated indoors is a permitted use in the B2 District. The req operated outdoors, as a conditional use in the B2 (Business Gene Zoning Districts. The approved supplementary use regulations th RA (Rural Areas) flea market amendment have been modified to cor addition. DRRC and Planning Commission Discussions: The Development Review and Regulations Committee (DRRC) discusse February 2016 meeting. The Committee expressed concern as to how this use wo existing B2/B3 uses. They discussed the reduced standards propo such as gravel parking and driving areas that were introduced with the RA amend concern about impacting other commercial users that would be adj market. The Committee stated that since this is already permitted throug a need to provide an allowance in the commercial districts. The stated that they could be supportive of introducing indoor flea district, since this is already permitted in the B2. However th outdoor element, you would be taking a piece of property that co something that could go in the RA District. Ultimately, due to the amount of available RA land where this us see the need to amend the ordinance to include outdoor flea mark recommended against approving this request. The Planning Commission discussed this item at their meeting on overview of the discussions from the DRRC meeting and stated tha Ordinance Amendment Flea Markets in the B2/B3 April 14, 2016 Page 2 request. The Planning Commission unanimously supported the discussions at the DRRC mee and felt that this is a use the County does not need or want in the commercial areas. A member stated that they could support this use if it was solely Planning Commission recommended that the Board of Supervisors derdinance amendment. Conclusions: The attached document shows the existing ordinance with the prop for text added and strikethrough for deletions). This item is p Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment attached is a resolution directing the item to public hearing sh appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics and deletions in strikethrough. 2. Resolution CEP/pd Attachment 1 Original language Draft revisions ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 603 B2 General Business District § 165-603.03 Conditional Uses. Uses permitted with a conditional use permit shall be as follows Flea Markets, Operated Outdoors. *(Indoor flea markets is a permitted use in the B2 District). Part 604 B3 Industrial Transition District § 165-604.03. Conditional Uses. Uses permitted with a conditional use permit shall be as follows Flea Markets, Operated Indoors or Outdoors. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS Part 204 Additional Regulations for Specific Uses § 165-204.25. Flea Markets. Flea Markets where allowed through a Conditional Use Permit in the RA (Rural Areas) Zoning District shall meet the following requirements: 1.Property size shall be a minimum of six (6) acres not to exceed 2.In the RA (Rural Areas) District, t he site must have direct frontage and access to a collector or arterial roadway. In the B2 (General Business) and B3 (Industrial Transition) Districts, the site at a minimum must have direct frontage and access to local road dedicated to All entrances shall conform to VDOT standards. 3.Flea markets may be located indoor or outdoor. 4.Flea markets shall only be permitted to operate Friday-Sunday and on holidays. 5.Required onsite parking shall be one (1) space per 400 square fe and one (1) space per 3,000 square feet of outdoor display area. Attachment 1 6.All parking spaces and travel aisles shall be graveled. The Bo through the Conditional Use Permit process that all travel aisleved with a minimum double prime and seal or alternative dust free su 7.All items displayed for sale shall be located within designated 8.In the RA (Rural Areas) District, A Category B Zoning District Buffer shall be required along any adjacent parcel six acres in size or less that is used for residen District Buffer shall also be required along any adjacent proper feet or less from the proposed flea market property. 9.When adjacent to property primarily used for purposes other than re type non opaque) shall be provided along the property line. 10.A site plan in accordance with the requirements of Article VIII approved by Frederick County and all applicable agencies. The site plan shall delineate all vendor spaces and parking spaces. ____________________________ Action: BOARD OF SUPERVISORS: April 27, 2016 APPROVED DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 603 B2 GENERAL BUSINESS DISTRICT §165-603.03 CONDITIONAL USES PART 604 B3 INDUSTRIAL TRANSITION DISTRICT §165-604.03 CONDITIONAL USES ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.25 FLEA MARKETS WHEREAS, an ordinance to amend Chapter 165, Zoning to allow flea markets operated outdoors, as a conditional use in the B2 (General Business) and B3 (Industrial Transition) Zoning Districts was considered along with supplemental use regulations pertaining to the use; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the changes at their February 25, 2016, the Committee did not see the need to amend the ordinance to include outdoor flea markets in the B2/B3 Districts and recommended against approving this request and sent the proposed amendment forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on April 6, 2016 and supported the discussions from the DRRC meeting and felt that this is a use the County does not need or want in the commercial PDRes #09-16 -2- areas. The Planning Commission recommended that the Board of Supervisors deny this requested ordinance amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on April 27, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 ; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow flea markets operated outdoors, as a conditional use in the B2 (General Business) and B3 (Industrial Transition) Zoning Districts along with supplemental use regulations pertaining to the use. Passed this 27th day of April, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Robert A. Hess ____ Judith McCann-Slaughter ____ Gene E. Fisher ____ Blaine P. Dunn ____ Robert W. Wells ____ A COPY ATTEST ______________________________ Brenda G. Garton Frederick County Administrator PDRes #09-16 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, CZA, Assistant Director SUBJECT: Ordinance Amendment Dedication of Public Utilities on Rural Preservation Lots DATE: April 14, 2016 Staff has received a request to revise the Zoning Ordinance to p divisions from rural preservation lots for public road dedicatio the Zoning Ordinance prohibits all future divisions from rural p Staff has prepared a minor revision to provide an allowance for lots to be modified, provided that the future division (subdivis expansion of an existing VDOT owned road or for a public utility The DRRC discussed this amendment at their February 2016 meeting. The DRRC agreed with the proposed changes, with minor revisions, and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on April 6, 2016. A Member inquired why we would eliminate new roads from considerat r lots that previously did not have access to dedicate a roadway through an Staff stated that the ordinance was crafted to limit the allowan roads to ensure the protection of the platted rural preservation Commission agreed with the changes and sent the item forward for Supervisors. The attached document shows the existing ordinance with the prop DRRC (with bold italic for text added). This item is presented Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance attached is a resolution directing the item to public hearing should the Board Attachments: 1. Revised ordinance with additions shown in bold underlined itali 2.Resolution CEP/pd Attachment 1 Original language 5©E· ©;Ýzz Chapter 165 Zoning ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 RA Rural Areas District § 165-401.06 Permitted lot sizes. C. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres s over 20 acres in size, subject to the following: (a) Sixty percent or more of the parent tract shall remain intact as (Rural Preservation Tract). (b) This acreage must be designated prior to the division of the fou (c) No future division of this designated Rural Preservation Tract s ·w;© ·w E© ·w; ;ã¦z E ;ãz·zm 5h ©7 ©zmw·EÞä © ¦Ò,z- Ò·zz·ä 7;7z-·zr unless all the following are met: i.The division results in an overall acreage increase to the Rural Preservation Tract; and ii.Acreage added to the preservation tract may come from areas inte external to the rural preservation subdivision; and iii.Acreage from the preservation tract may not be adjusted into par of the rural preservation subdivision; and iv.The Rural Preservation Tract continues to meet all requirements 165 and 144. ____________________________ Action: BOARD OF SUPERVISORS: April 27, 2016 APPROVED DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT §165-401.06 PERMITTED LOT SIZES WHEREAS, an ordinance to amend Chapter 165, Zoning to allow dedications for Public Utilities and existing road right-of-ways on Rural Preservation Lots in the RA (Rural Areas) District was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the changes at their February 26, 2016 meeting and had minor revisions and sent the proposed amendment forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on April 6, 2016 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on April 27, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 ; and PDRes #08-16 -2- NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow dedications for Public Utilities and existing road right-of-ways on rural Preservation Lots in the RA (Rural Areas) District. Passed this 27th day of April, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Robert A. Hess ____ Judith McCann-Slaughter ____ Gene E. Fisher ____ Blaine P. Dunn ____ Robert W. Wells ____ A COPY ATTEST ______________________________ Brenda G. Garton Frederick County Administrator PDRes #08-16 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Date: April 18, 2016 RE: Twin Lakes Overlook Phase 9 The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Norfolk Court, State Route Number 1605 0.07 miles Canyon Road, State Route Number 1407 0.07 miles Aulee Court, State Route Number 1604 0.10 miles Thompson Court, State Route Number 1602 0.12 miles Pangborne Court, State Route Number 1606 0.12 miles Canyon Road, State Route Number 1407 0.04 miles Heath Court, State Route Number 1603 0.07 miles Canyon Road, State Route Number 1407 0.18 miles Canyon Road, State Route Number 1407 0.02 miles Canyon Road, State Route Number 1407 0.07 miles Canyon Road, State Route Number 1407 0.06 miles Canyon Road, State Route Number 1407 0.06 miles Heath Court, State Route Number 1603 0.11 miles Canyon Road, State Route Number 1407 0.06 miles Staff is available to answer any questions. MRC/dlw 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 27th day of April, 2016, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Robert A. Hess ____ Robert W. Wells ____ Blaine P. Dunn ____ Gene E. Fisher ____ Judith McCann-Slaughter ____ A COPY ATTEST _____________________________ Brenda G. Garton Frederick County Administrator PDRes. #10-16 In the County of Frederick By resolution of the governing body adopted April 27, 2016 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): ____________________________________________ Report of Changes in the Secondary System of State Highways Project/Subdivision Twin Lakes Overlook, Phase 9 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute:§33.2-705 Street Name and/or Route Number Norfolk Court, State Route Number 1605 Old Route Number: 0 From: Route 1407, Canyon Road To: 0.07 mile northeast of Route 1407, Canyon Road, a distance of: 0.07 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 40 Street Name and/or Route Number Canyon Road, State Route Number 1407 Old Route Number: 0 From: Route 1603, Heath Court To: Route 1604, Aulee Court, a distance of: 0.07 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 50 Street Name and/or Route Number Aulee Court, State Route Number 1604 Old Route Number: 0 From: Route 1407, Canyon Road To: 0.10 mile east of Route 1407, Canyon Road, a distance of: 0.10 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 40 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: April 27, 2016 Page 1 of 3 Street Name and/or Route Number Thompson Court, State Route Number 1602 Old Route Number: 0 From: Route 1407, Canyon Road To: 0.12 mile east of Route 1407, Canyon Road, a distance of: 0.12 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 40 Street Name and/or Route Number Pangborne Court, State Route Number 1606 Old Route Number: 0 From: Route 1407, Canyon Road To: 0.12 mile south of Route 1407, Canyon Road, a distance of: 0.12 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 40 Street Name and/or Route Number Canyon Road, State Route Number 1407 Old Route Number: 0 From: Route 1605, Norfolk Court To: 0.07 mile north of Route 1412, Whipp Drive, a distance of: 0.04 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 50 Street Name and/or Route Number Heath Court, State Route Number 1603 Old Route Number: 0 From: Route 1407, Canyon Road To: 0.07 mile north of Route 1407, Canyon Road, a distance of: 0.07 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 40 Street Name and/or Route Number Canyon Road, State Route Number 1407 Old Route Number: 0 From: Route 1604, Aulee Court To: Route 1605, Norfolk Court, a distance of: 0.18 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 50 Street Name and/or Route Number Canyon Road, State Route Number 1407 Old Route Number: 0 From: 0.20 mile east of Route 1560, Rossman Blvd. To: 0.22 mile east of Route 1560, Rossman Blvd., a distance of: 0.02 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 50 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 2 of 3 Street Name and/or Route Number Canyon Road, State Route Number 1407 Old Route Number: 0 From: Morning Glory Drive (private) To: Route 1602, Thompson Court, a distance of: 0.07 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 50 Street Name and/or Route Number Canyon Road, State Route Number 1407 Old Route Number: 0 From: Route 1602, Thompson Court To: Bentpath Court (private), a distance of: 0.06 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 50 Street Name and/or Route Number Canyon Road, State Route Number 1407 Old Route Number: 0 From: Bentpath Court (private) To: Route 1606, Pangborne Court, a distance of: 0.06 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 50 Street Name and/or Route Number Heath Court, State Route Number 1603 Old Route Number: 0 From: Route 1407, Canyon Road To: 0.11 mile south of Route 1407, Canyon Road, a distance of: 0.11 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 40 Street Name and/or Route Number Canyon Road, State Route Number 1407 Old Route Number: 0 From: Route 1606, Pangborne Court To: Route 1603, Heath Court, a distance of: 0.06 miles. Recordation Reference: Instr. #050022857 Pg 0393 Right of Way width (feet) = 50 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 3 of 3