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June_22_2016_Board_Agenda_PacketAGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 22, 2016 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 7:00 P.M. – 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,E, F,and N) Citizen Comments(Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes:(See Attached)A ------------------------------------------------------------------------------- 1.Closed Session and Regular Meeting, May 25, 2016. County Officials: (See Attached)B 1.Committee Appointments. ------------------------------------------- (See Attached)C 2.Request from Commissioner of the Revenue for Refund. --- (See Attached)D 3.Performance Agreement: Kingspan Insulation, LLC.--------- 4.MEMORANDUM OF UNDERSTANDING - Northern Shenandoah Valley AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 22,2016 PAGE 2 Substance Abuse Coalition FY 2016 Bureau of Justice Assistance Adult Drug (See Attached)E Court Discretionary Grant Program. ------------------------------- Committee Reports: (See Attached)F 1.Public Safety Committee.-------------------------------------------- (See Attached)G 2.Public WorksCommittee. -------------------------------------------- (See Attached)H 3.HR Committee. ---------------------------------------------------------- (See Attached)I 4.Transportation Committee. ------------------------------------------- Public Hearing: 1.Twelve Month Outdoor Festival Permit Request of Cedar Creek Battlefield Foundation. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee; Paragraph D. Twelve Month Permits. AllEvents to be Held on the Grounds of Cedar Creek Battlefield, 8437 Valley Pike, Middletown, VA. Property Owned (See Attached)J by the Cedar Creek Battlefield Foundation.--------------------- Planning Commission Business: Public Hearing: Conditional Use Permit #04-16 for Vicki Nash, 1.whichSubmitted for a Cottage Occupation Nail Salon. The Property is Located at 215 Fruit Orchard Drive, Gore, Virginia and is Identified with Property Identification Number 17- (See Attached)K 22A-19 in the Gainesboro Magisterial District.------------------ Ordinance Amendment to the Frederick County Code –Chapter 165 2. Zoning, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS; Part 401 –RA Rural Areas District §165-401.06Permitted lot sizes. Revision to the Frederick County Zoning Ordinance to provide for an allowance to permit divisions from rural preservation lots for public road ((See Attached)L dedications or utility dedications. ---------------------------------- Other Planning Items: Rezoning #06-16 SempelesProperty 1.submitted by Pennoni, to revise AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 22, 2016 PAGE 3 proffers associated with Rezoning #02-04. This revision relates to the “on site development” sections of the proffers for the M1 (Light Industrial) District zoned portion of the site. The Applicant is requesting to revise the proffers to allow the use of tilt-up concrete walls and to remove proffers that have been completed. The property is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of the intersection of Woodbine Road (Route 669)and Martinsburg Pike in the Stonewall Magisterial District, and is (See Attached)M identified by Property Identification Number 34-A-4.---------- 2.Resolution Re: Programmatic Project Administration Extension Addendum for (See Attached)N Revenue Sharing Projects.------------------------------------------- Board Liaison Reports(If Any) Citizen Comments Board of Supervisors Comments Adjourn DATE: June 9, 2016 TO: Frederick County Board of Supervisors FROM: Patrick Barker, CEcD Executive Director CC: Brenda Garton County Administrator RE: Performance Agreement for KINGSPAN INSULATION LLC Attached for your review and comment are the Performance Agreement and Board of Supervisors resolution for the expansion of KINGSPAN INSULATION LLC. As you recall, the Board of Supervisors seemed favorable in executive discussion to providing funds from Frederick County Economic Development Incentive Fund to secure this project. KINGSPAN INSULATION LLC will expand its manufacturing operation in Frederick County. They will make an $25 million investment through a building expansion and new machinery and add 15 new jobs. The expansion will increase the companyÔs production capacity. I would like to request these items be inserted into the Board of SupervisorsÔ next available meeting. All partiesÔ legal counsels (County, EDA and KINGSPAN INSULATION LLC) have reviewed and approved the performance agreement. Thanks for your support on this project. I am available if you have any questions or comments on the materials for this project. Attachment: ¤ Performance Agreement ¤ BOS Resolution Northern Shenandoah Valley Substance Abuse Coalition FY 2016 Bureau of Justice Assistance Adult Drug Court Discretionary Grant Program; Memorandum of Understanding Northern Shenandoah Valley Substance Abuse Coalition Memorandum of Understanding COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director - Transportation RE: Transportation Committee Report for Meeting of May 23, 2016 DATE: June 7, 2016 The Transportation Committee met on May 23, 2016 at 8:30 a.m. Members Present Members Absent Gary Lofton (voting) Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting) Gary Oates (liaison PC) Gene Fisher (voting) Barry Schnoor (voting) James Racey (voting) Lewis Boyer (liaison Stephens City) ***Items Requiring Action*** 2. Korean War Veterans Memorial Highway The Committee reviewed the attached request from the Korean War Veterans Association. As noted, a request from the Board of Supervisors to the Commonwealth Transportation Board is required to help move this along if the Board sees fit. The County would be responsible for the cost of installation and upkeep for the signs, however the association has noted they are willing to reimburse this cost. After some brief discussion Mr. Fisher motioned and Mrs. McCann-Slaughter seconded to recommend the Board approve the request. 3. Bicycle and Pedestrian Restriction on Route 37 VDOT contacted staff upon receiving a request from the State Police that Route 37 be closed to pedestrians and cyclist as well as other forms of transportation not suitable for 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 high speed conditions. In order to take this request to the Commonwealth Transportation Board, VDOT is in need of a letter of support from the locality. Staff has attached the relevant state code section. On a motion by Mrs. McCann-Slaughter seconded by Mr. Fisher the Committee recommended that the Board support the request. ***Items Not Requiring Action*** 1. Interstate, Primary, and Secondary Road Plan updates Staff updated the Committee on the status of these updates and advised that they should have actionable drafts at their next meeting. 4.County Projects Update Snowden Bridge Blvd: Construction is underway and on schedule at this time. Tevis Street Extension/Airport Road/I-81 Bridge: The Applicant has the draft revenue sharing agreement but has not yet executed it. The Applicant has been working through issues with VDOT regarding entrances on the masterplan. These masterplan discussions appear to be complete and Staff is awaiting the new masterplan submission. In addition, Staff submitted revised language to the revenue sharing agreement approximately two weeks prior to this mailing and has not yet received feedback. Renaissance Drive: Staff is coordinating with EDA staff to complete a grant application which could change the project from a grade to a bridge crossing. In addition, efforts continue to forward conversations with CSX regarding the potential crossing. Staff is meeting with CSX and VDOT staff on May 18, 2016 regarding the potential crossing. Valley Mill Road Realignment: providing an updated cost estimate to complete the design through 100%. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity at this time. 5.Other Due to a scheduling conflict the Committee has rescheduled their June meeting to June 20, 2016 in the Board of Supervisors Closed session room. JAB/pd CONDITIONAL USE PERMIT #04-16 VICKI NASH Staff Report for the Board of Supervisors Prepared: June 13, 2016 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/01/16 Public Hearing Held; Recommended Approval Board of Supervisors: 06/22/16 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Nail Salon. Should the Board of Supervisors find this application for a nail salon to be appropriate, staff recommends that the following conditions be attached to the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.No signage allowed with this Conditional Use Permit. 3.Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday through Saturday. 4.No more than five (5) customers per day. 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #04-16, Vicki Nash June 13, 2016 LOCATION : This property is located at 215 Fruit Orchard Drive, Gore, VA MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 17-22A-19 PROPERTY ZONING & PRESENT USE: Zoned: R-5 (Residential Recreational Community) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: R-5 (Residential Recreational Community) Use: Residential South: R-5 (Residential Recreational Community) Use: Residential East: R-5 (Residential Recreational Community) Use: Residential West: State of West Virginia Use: N/A PROPOSED USE: Nail salon REVIEW EVALUATIONS: Virginia Department of Transportation: Driveway entrance access to be located in West Virginia. Therefore, VDOT has no comments. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and Section 302-B, Business Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Conditional Use of existing basement area as nail spa. A change of use permit is required. Please submit a detailed floor plan with your permit. A plumbing permit is required for the foot sink installation. Sink shall drain to an approved waste disposal system. A mechanical permit is required for the installation of the required ventilation. (T403.3, IMC 12-20 cfm/person is required for Beauty Salons). Each nail station shall be provided exhaust with a source caption system of 50 cfm per station. Lever type hardware shall be provided on all doors along the accessible route and business areas. 20% ANSI A117-09 rule applies. Page 3 CUP #04-16, Vicki Nash June 13, 2016 Winchester-Frederick County Health Department: The Frederick County Health Department cannot approve a commercial business to be added to an existing drainfield. Please consult with a private onsite evaluator (OSE) to submit an application for approval with a permit. Frederick County Fire Marshall: Plans approved. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County this proposed nail salon business is in a part of the County that is to remain rural in nature, and not part of any current land use study. The Frederick County Zoning Ordinance allows a nail salon as a cottage occupation in the R-5 (Residential Recreational Community) zoning district with an approved Conditional Use Permit. The proposed use will take place within the Adwelling. There will be no employees with use, and the customer base five of (5) customers per day, with hours of operation will be Monday through Friday from 10:00 a.m. 6:00 p.m. The Applicant has agreed to the customer base, hours, and days of operation. There will be no signs with this Conditional Use Permit. Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 06/01/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staffwould recommend the following conditions: 1.All review agency comments and requirements shall be complied with at all times. 2.No signage allowed with this Conditional Use Permit. 3.Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday through Saturday. 4.No more than five (5) customers per day. 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/01/16 MEETING: Staff reported this property is currently zoned R5 (Residential Recreational Community) and the current land use is residential. Staff presented mapping identifying the location and an outline of the property. Staff continued, the property is surrounded by R5 properties on three sides and the State of West Virginia on the remaining portion. Page 4 CUP #04-16, Vicki Nash June 13, 2016 Staff explained Cottage Occupations are permitted in the R5 zoning district with an approved CUP. Staff continued this proposed Cottage Occupation is for a nail salon that will take place in and noted a minor revision to the hours of operation: 1. All review agency comments and requirements shall be complied with at all times 2. No signage allowed with this Conditional Use Permit 3. Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday Saturday 4. No more than five (5) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member referred to condition #2 and inquired why no signage is allowed. Staff noted the Applicant did not want any signs on the property. The Applicant came forward to address the question raised; she explained her home is part of an HOA which does not permit signage in yards and she will continue to respect that. A Commission Member inquired as to why the Frederick County Health Department could not comment on this application. Staff explained the health department did not comment because the Ah is actually in West Virginia. Staff continued, they spoke to the Hampshire County Health Department as a courtesy requesting their opinion on this application. Staff concluded the Applicant provided documentation from Hampshire County noting the drainfield and its location. A motion was made, seconded, and unanimously passed to recommend approval of CUP #04-16 for Vicki Nash for a cottage occupation nail salon with a revision to the condition for the hours of operation from Monday Friday to Monday Saturday. Absent: Ambrogi, Unger, Manuel CONCLUSIONS FOR THE 06/22/16 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this application for a nail salon to be appropriate, staff recommends that the following conditions be attached to the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.No signage allowed with this Conditional Use Permit. Page 5 CUP #04-16, Vicki Nash June 13, 2016 3.Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday through Saturday. 4.No more than five (5) customers per day. 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. CUP # 04 - 16 190 TIMBER Vicki Nash RIDGE RD PIN: 17 - 22A - 19 Nail Salon 121 FRUIT ORCHARD DR 230 SAWMILL DR HAMPSHIRE COUNTY WEST VIRGINIA CUP #04-16 17 22A 19 270 SAWMILL DR 181 FRUIT ORCHARD DR HAMPSHIRE COUNTY Applications WEST VIRGINIA Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) CUP # 04 - 16 Note: M2 (Industrial, General District) Frederick County Dept of Vicki Nash MH1 (Mobile Home Community District) Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 17 - 22A - 19 Winchester, VA 22601 Nail Salon R4 (Residential Planned Community District) 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: May 9, 2016 RA (Rural Area District) Staff: mcheran RP (Residential Performance District) 090180360Feet CUP # 04 - 16 190 TIMBER Vicki Nash RIDGE RD PIN: 17 - 22A - 19 Nail Salon 121 FRUIT ORCHARD DR 230 SAWMILL DR HAMPSHIRE COUNTY WEST VIRGINIA CUP #04-16 17 22A 19 270 SAWMILL DR 181 FRUIT ORCHARD DR HAMPSHIRE COUNTY WEST VIRGINIA CUP # 04 - 16 Note: Frederick County Dept of Vicki Nash Planning & Development I 107 N Kent St PIN: Suite 202 17 - 22A - 19 Winchester, VA 22601 Nail Salon 540 - 665 - 5651 Applications Map Created: May 9, 2016 Parcels Staff: mcheran Building Footprints 090180360Feet RESOLUTION ______________________________ Action: PLANNING COMMISSION: June 1, 2016 - Recommended Approval BOARD OF SUPERVISORS: June 22, 2016 APPROVED DENIED RESOLUTION CONDITIONAL USE PERMIT #04-16 VICKI NASH WHEREAS, Conditional Use Permit #04-16 Of Vicki Nash, submitted by Vicki Nash for a Cottage Occupation Nail Salon was considered. The Property is located 215 Fruit Orchard Drive and is further identified with Property Identification Number 17-22A-19 in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 1, 2016, and recommended approval of the Conditional Use Permit with conditions: and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on June 22, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit 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 map to reflect that Conditional Use Permit Application #04-16 for a Cottage Occupation Nail Salon on the parcel identified by Property Identification Number (PIN) 17-22A-19 with the following conditions: 1.All review agency comments and requirements shall be complied with at all times. PDRes #16-16 1 2.No signage allowed with this Conditional Use Permit. 3.Hours of operation shall be 10:00 a.m. to 6:00 p.m., Monday through Saturday. 4.No more than five (5) customers per day. 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit. Passed this 22nd day of June, 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 #16-16 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, CZA, Assistant Director SUBJECT: Public Hearing - Ordinance Amendment Dedication of Public Utilities on Rural Preservation Lots DATE: June 13, 2016 Staff has received a request to revise the Zoning Ordinance to p permit divisions from rural preservation lots for public road de Currently the Zoning Ordinance prohibits all future divisions fr rural preservation tracts. Staff has prepared a minor revision to provide an allowance for the boundaries of rural preservation lots to be modified, provided that the future divis allowed for the widening of an existing VDOT owned road or for a public utility dedication. 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 Commission Member inquired why we would eliminate new roads from allowance for lots that previously did not have access to dedicate a roadway through an existing rural preservation lot. Staff stated that the ordinance was cra utilities and existing state roads to ensure the protection of tural preservation lot. Ultimately, 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 April 27, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The Planning Commission held a public hearing for this item at t June 1, 2016 meeting; there were no citizen comments and the Pla unanimously recommended approval of the amendment. The attached document shows the existing ordinance with the prop the DRRC (with bold italic for text added) and the Planning Comm This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A Ordinance Amendment Rural Preservation Lots - Utilities June 13, 2016 Page 2 decision by the Board of Supervisors on this proposed Zoning Ord sought. 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 Original language 5©E· ©;Ýz­zš“­ 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 š·w;© ·w“ Eš© ·w; Þz7;“z“m šE ;ãz­·z“m 5h ©š7 ©zmw·šEÞä­ š© ¦Ò,Œz- Ò·zŒz·ä 7;7z-·zš“­r 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. ORDINANCE AMENDMENT ______________________________ Action: PLANNING COMMISSION: June 1, 2016 Recommended Approval BOARD OF SUPERVISORS: June 22, 2016 APPROVED DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE IV - AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT §165-401.06 PERMITTED LOT SIZES WHEREAS, Staff has been directed to prepare an amendment to Chapter 165, Zoning to provide an allowance to permit divisions from rural preservation lots for the widening of an existing VDOT owned road or for a public utility dedication; WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on June 1, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on June 22, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Chapter 165 Zoning, is amended to modify Article IV Agricultural Supervisors that and Residential Districts, Part 401 RA Rural Areas District; §165-401.06 Permitted Lot Sizes, to allow divisions from rural preservation lots for the widening of an existing VDOT owned road or for a public utility dedication -1- PDRes #08-16 Passed this 22nd day of June, 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 -2- PDRes #08-16 REZONING APPLICATION #06-16 SEMPELES PROPERTY Staff Report for the Board of Supervisors Prepared: June 16, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/15/16 Public Meeting Held: Recommend Approval Board of Supervisors: 06/22/16 Pending PROPOSAL: To revise proffers associated with Rezoning #02-04. This revision relates to the for the M1 (Light Industrial) District zoned portion of the site. The Applicant is requesting to revise the proffers to allow the use of tilt-up concrete walls and to remove proffers that have been completed. LOCATION: The site is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of the intersection of Woodbine Road (Route 669) and Martinsburg Pike. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/22/16 BOARD OF SUPERVISORS MEETING: This request to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to allow the use of concrete tilt-up walls within the M1 (Light Industrial) Zoned portion of the property. The site was originally rezoned in 2004 to the M1 District and the B2 (General Business) District with proffers. Those proffers limited the façade materials to concrete masonry (CMU) brick, architectural block, dryvit or other simulated stucco, real or simulated wood or glass. The Applicant has also updated the proffer to remove improvements that have been previously completed. It should be noted that this proffer amendment only applies to the M1 zoned parcel, the parcels that were rezoned to the B2 District will still be covered by the 2004 proffer statement. The industrial zoning for the property continues to be consistent with the land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change of use are very limited; no additional The Planning impacts to Frederick County or the surrounding property owners are anticipated. Commission did not identify any issues or concerns with the request and recommended approval of the application at their June 15, 2016 meeting. Following the public meeting, 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 # 06-16 Sempeles Property June 16, 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: 06/15/16 Public Meeting Held; Recommend Approval Board of Supervisors: 06/22/16 Pending PROPOSAL: To revise proffers associated with Rezoning #02-04. This revision relates to the site. The Applicant is requesting to revise the proffers to allow the use of tilt-up concrete walls and to remove proffers that have been completed. LOCATION: The site is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of the intersection of Woodbine Road (Route 669) and Martinsburg Pike. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 34-A-4 PROPERTY ZONING: M1 (Light Industrial)) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Berkeley County, WV Use: Vacant/Residential South: RA (Rural Areas) Use: Residential M1 (Light Industrial) Use: Industrial East: B2 (General Business) Use: Commercial/Vacant RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential/Agricultural Rezoning # 06-16 Sempeles Property June 16, 2016 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1)Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcel as being zoned A- 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 properties and all other A-1 and A-2 zoned land to the RA District. On April 28, 2004 the Board of Supervisors approved Rezoning #02-04 for the Sempeles Property, which rezoned the property to the M1 (Light Industrial) District with proffers. 2)Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan identify this property with an industrial land use designation. The current M1 (Light Industrial) Zoning of the subject property is supported by the Comprehensive Plan. The property is also located within the (Sewer and Water Service Area (SWSA)). 3) Proffer Statement Dated June 2, 2016: Street Improvements: Proffers a and c have been removed as they have been completed. Landscape Design Features: the bulleted proffer has been deleted as it applies to the B2 zoned properties still covered by the 2004 proffer. On Site development: tilt- permitted façade materials. Monetary Contribution to Offset Impacts of Development: This proffer has been removed as the monetary proffer has already been paid. Rezoning # 06-16 Sempeles Property June 16, 2016 Page 4 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/15/16 MEETING: Staff presented an overview of the Arevise the proffers for the M1 zoned site previously rezoned in 2004. The Planning Commission briefly discussed the requested addition of tilt- up concrete walls and the reasons for the previous architectural proffers. The property owner was present and available for questions from the Planning Commission. There were no questions at that time. A motion was made, seconded and unanimously passed to recommend approval of REZ #06-16 for the Sempeles Property. Absent: Commissioners Dunlap, Triplett, Kenney EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/22/16 BOARD OF SUPERVISORS MEETING: This request to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to allow the use of concrete tilt-up walls within the M1 (Light Industrial) Zoned portion of the property. The site was originally rezoned in 2004 to the M1 District and the B2 (General Business) District with proffers. Those proffers limited the façade materials to concrete masonry (CMU) brick, architectural block, dryvit or other simulated stucco, real or simulated wood or glass. The Applicant has also updated the proffer to remove improvements that have been previously completed. It should be noted that this proffer amendment only applies to the M1 zoned parcel, the parcels that were rezoned to the B2 District will still be covered by the 2004 proffer statement. The industrial zoning for the property continues to be consistent with the land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change of use are very limited; no additional The Planning impacts to Frederick County or the surrounding property owners are anticipated. Commission did not identify any issues or concerns with the request and recommended approval of the application at their June 15, 2016 meeting. 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. REZ # 06 - 16 Sempeles Property 1441 REST 4836 CHURCH RD MARTINSBURG PIN: 4822PIKE MARTINSBURG 34 - A - 4 PIKE 4810 4781 MARTINSBURG Proffer Amendment MARTINSBURG PIKE 4804 PIKE MARTINSBURG BERKELEY COUNTY PIKE WEST VIRGINIA 4784 § ¨¦ MARTINSBURG 81 PIKE 4768 MARTINSBURG § ¨¦ PIKE 81 4754 MARTINSBURG PIKE 47134740 MARTINSBURGMARTINSBURG PIKEPIKE 01 11 4663 MARTINSBURG PIKE 4692 REZ #06-16 MARTINSBURG PIKE 4622 MARTINSBURG PIKE 34 A 4 4610 MARTINSBURG 4600PIKE MARTINSBURG PIKE 4586 3191 MARTINSBURG WOODSIDE RD PIKE 4578 MARTINSBURG 331 PIKE 4568 WOODBINE RD MARTINSBURG MARTINSBURGPIKE 4552 MARTINSBURG MARTINSBURG MARTINSBURG PIKE 4535 MARTINSBURG PIKE 4532 MARTINSBURG 140 PIKE 4514WOODBINE RD 184 MARTINSBURG 154 WOODBINE RD PIKE 4504 WOODBINE RD 146174 MARTINSBURG WOODBINE RDWOODBINE RD 208 PIKE 160 WOODBINE RD 4496 WOODBINE RD MARTINSBURG 200 MARTINSBURG MARTINSBURG BERKELEY COUNTY WOODBINE RD PIKE Applications MARTINSBURG WEST VIRGINIA 4478 Parcels MARTINSBURG MARTINSBURG 4462 PIKE 4470 Sewer and Water Service Area ST 276 MARTINSBURG MARTINSBURG 669 WOODBINE RD Building Footprints PIKE PIKE J. WAYNE B1 (Business, Neighborhood District) § ¨¦ ADAMS 81 B2 (Business, General Distrist) Subdivision B3 (Business, Industrial Transition District) 4442 01 MARTINSBURG EM (Extractive Manufacturing District) 11 PIKE 4428 HE (Higher Education District) MARTINSBURG M1 (Industrial, Light District) Note: M2 (Industrial, General District) REZ # 06 - 16 Frederick County Dept of MH1 (Mobile Home Community District) Planning & Development I Sempeles Property MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 34 - A - 4 Winchester, VA 22601 R4 (Residential Planned Community District) Proffer Amendment 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: June 6, 2016 RA (Rural Area District) Staff: cperkins RP (Residential Performance District) 02955901,180Feet REZ # 06 - 16 Sempeles Property 1441 4836 REST MARTINSBURG PIN:CHURCH RD PIKE 4822 34 - A - 4 MARTINSBURG 4810PIKE Proffer Amendment MARTINSBURG 4781 PIKE 4804 MARTINSBURG BERKELEY COUNTY MARTINSBURG PIKE WEST VIRGINIA 4784 PIKE MARTINSBURG § ¨¦ PIKE 81 4768 MARTINSBURG § ¨¦ PIKE 81 4754 MARTINSBURG PIKE 4713 MARTINSBURG 4740 PIKE MARTINSBURG PIKE 01 11 4663 MARTINSBURG PIKE 4692 MARTINSBURG REZ #06-16 PIKE 4622 MARTINSBURG PIKE 34 A 4 4610 MARTINSBURG 4600 PIKE MARTINSBURG PIKE 4592 3191 MARTINSBURG 4586 WOODSIDE RD PIKE MARTINSBURG PIKE4578 MARTINSBURG 331 PIKE 4568 WOODBINE RD MARTINSBURG PIKE MARTINSBURG 4552 MARTINSBURG MARTINSBURG MARTINSBURG PIKE 4535 MARTINSBURG PIKE 4532 MARTINSBURG 140 PIKE 174 WOODBINE RD 4514 WOODBINE RD 154 MARTINSBURG WOODBINE RD 146 208 184 PIKE 4504 160 WOODBINE RD WOODBINE RD WOODBINE RD MARTINSBURG WOODBINE RD PIKE200 166 WOODBINE RD 4496 MARTINSBURG WOODBINE RD MARTINSBURG BERKELEY COUNTY PIKE WEST VIRGINIA MARTINSBURG 4478 ST MARTINSBURG 669 4462 PIKE 4470 MARTINSBURG MARTINSBURG 276 PIKE PIKE J. WAYNE WOODBINE RD § ¨¦ ADAMS 81 Subdivision 4442 01 MARTINSBURG 11 PIKE 4428 MARTINSBURG Note: REZ # 06 - 16 Frederick County Dept of Planning & Development I Sempeles Property 107 N Kent St PIN: Suite 202 34 - A - 4 Winchester, VA 22601 Applications Proffer Amendment 540 - 665 - 5651 Parcels Map Created: June 6, 2016 Sewer and Water Service Area Staff: cperkins Building Footprints 02955901,180Feet REZ # 06 - 16 Sempeles Property PIN: 1441 REST 34 - A - 4 CHURCH RD Proffer Amendment 4836 1345 BERKELEY COUNTY MARTINSBURG REST PIKE WEST VIRGINIA 4810 CHURCH RD MARTINSBURG 4781 PIKE 4804 MARTINSBURG MARTINSBURG PIKE PIKE 4784 MARTINSBURG PIKE 4768 MARTINSBURG 4713 4754PIKE MARTINSBURG MARTINSBURG PIKE PIKE 4740 ST MARTINSBURG 669 PIKE CHURCH RD 1530 REST CHURCH RD 4663 MARTINSBURG WHITEHALL PIKE REZ #06-16 4692 BUSINESS PARK MARTINSBURG Subdivision PIKE § ¨¦ 81 4622 MARTINSBURG PIKE 34 A 4 4610 § ¨¦ 81 MARTINSBURG PIKE 4592 Applications MARTINSBURG 3191 Parcels PIKE WOODSIDE RD 4578 Sewer and Water Service Area 4568MARTINSBURG 331 Building Footprints 4553 PIKE MARTINSBURG WOODBINE RD MARTINSBURG Long Range Land Use PIKE4552 PIKE 4547 MARTINSBURG Residential MARTINSBURG PIKE 4543 PIKE Neighborhood Village MARTINSBURG 4535 PIKE Urban Center 4532 MARTINSBURG MARTINSBURG PIKE Mobile Home Community PIKE 140 4514 Business WOODBINE RD MARTINSBURG 166 Highway Commercial 4504 PIKE WOODBINE RD 154208 4491 MARTINSBURG 184 WOODBINE RDWOODBINE RD Mixed-Use 321 MARTINSBURG 4496 PIKE 4489 WOODBINE RD 174 ZACHARY Mixed Use Commercial/Office PIKE MARTINSBURG MARTINSBURG WOODBINE RD200 ANN LN PIKE PIKE 4481 Mixed Use Industrial/Office 4478 4469 WOODBINE RD ST MARTINSBURG MARTINSBURG MARTINSBURG Industrial PIKE 669 PIKE PIKE4470 Warehouse MARTINSBURG 4462 4455 PIKE MARTINSBURG MARTINSBURG Heavy Industrial 351 PIKE PIKE 01 ZACHARY Extractive Mining 4441 4442 ANN LN 11 MARTINSBURG Commercial Rec MARTINSBURG PIKE 276 PIKE Rural Community Center 4407 WOODBINE RD BERKELEY COUNTY MARTINSBURG Fire & Rescue 4420 WEST VIRGINIA PIKE MARTINSBURG Historic PIKE Institutional 4400 MARTINSBURG 4392 Planned Unit Development PIKE MARTINSBURG Park § ¨¦ PIKE 4382 81 Recreation MARTINSBURG 4374 PIKE MARTINSBURG School PIKE 01 4364 Employment 11 MARTINSBURG Airport Support Area 280 PIKE WOODBINE RD B2 / B3 Note: Residential, 4 u/a REZ # 06 - 16 Frederick County Dept of High-Density Residential, 6 u/a Planning & Development I Sempeles Property High-Density Residential, 12-16 u/a 107 N Kent St PIN: Suite 202 Rural Area 34 - A - 4 Winchester, VA 22601 Interstate Buffer Proffer Amendment 540 - 665 - 5651 Landfill Support Area Map Created: June 6, 2016 Natural Resources & Recreation Staff: cperkins Environmental & Recreational Resources 03757501,500Feet RESOLUTION Action: PLANNING COMMISSION: June 15, 2016 - Recommended Approval BOARD OF SUPERVISORS: June 22, 2016 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-16 SEMPELES PROPERTY , WHEREAS Rezoning #06-16 Sempeles Property, submitted by Pennoni Associates, to revise the proffers associated with Rezoning #02-04 -Site Development was considered. The proffer revision, originally proffer statement dated April 27, 2004, with a final revision dated June 2, 2016, applies only to PIN 34-A-4. The request is to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to allow the use of concrete tilt-up walls within the M1 (Light Industrial) zoned portion of the property. The Applicant has also updated the proffer to remove improvements that have been previously completed. , WHEREAS the Planning Commission held a public meeting on this rezoning on June 15, 2015, and forwarded a recommendation of approval; and , WHEREAS the Board of Supervisors held a public meeting on this rezoning on June 22, 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 RESOLVED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #02-04 relating to the -Site Development of the proffers. This minor proffer revision, original proffer statement dated April 27, 2004, with a final revision dated June 22, 2016, allows the use of concrete tilt-up walls within the M1 (Light Industrial) zoned portion of the property and removes the proffers that have been previously completed. PDRes. #18-16 -2- This ordinance shall be in effect on the date of adoption. Passed this 22nd day of June, 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. #18-16 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop AICP, Assistant Director - Transportation RE: Revenue Sharing Programmatic Agreement DATE: June 7, 2016 Attached, please find a VDOT resolution for extension of our existing programmatic agreement for management of revenue sharing projects. Staff did not have this for the Transportation Committee meeting; however VDOT has indicated that the extension is time sensitive. This extension results in no changes to our existing processes or obligations, but extends for three more years what the County and VDOT are already doing. JAB/pd 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 PROGRAMMATIC PROJECT ADMINISTRATION EXTENSION ADDENDUM Revenue Sharing Projects nd THIS ADDENDUM 22June, is made and executed in triplicate this day of 2016 , by and between the County of Frederick, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation hereinafter referred as the DEPARTMENT. WHEREAS , the LOCALITY and the DEPARTMENT, entered into a Programmatic Project Administration Agreement for Revenue Sharing Projects on April 18, 2014; and WHEREAS , said agreement has an initial term of three fiscal years (each year stth beginning July 1 June 30), and will expire on June 30, 2016 and may be extended for one additional term of three fiscal years; and WHEREAS , the parties to the agreement hereby declare their intent to extend said agreement as provided in Paragraph 1 of said agreement and further declare that such terms and provisions provided therein shall remain unchanged. NOW THEREFORE , in consideration of the mutual premises contained therein and in this Addendum, the parties agree to extend said agreement for one additional term of three fiscal years with a new expiration date of June 30, 2019. IN WITNESS WHEREOF , each party hereto has caused this Addendum to be executed as of the day, month, and year first herein written. COUNTY OF FREDERICK, VIRGINIA: ____________________________________ ____________________________________ Typed or printed name of signatory ____________________________________ ___________________ Title Date ____________________________________ ___________________ Signature of Witness Date NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this addendum. PDRes #17-16 -2- COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: _______________________________________ ____________________ Chief of Policy Date Commonwealth of Virginia Department of Transportation _______________________________________ ____________________ Signature of Witness Date PDRes #17-16