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November_9_2016 _Board_Agenda_PacketAGRICULTURE & FORESTRY INDUSTRIES DEVELOPMENT FUND PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT (the made and entered this ____ day of November, 2016, by and among the COUNTY OF FREDERICK, VIRGINIA (the SHAWNEE CANNING COMPANY, INC. Virginia corporation authorized to transact business in the Commonwealth, and the ECONOMIC DEVELOPMENT AUTHORITY OF the COUNTY of FREDERICK, VIRGINIA ( subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to$7,500 from Agriculture & Forestry Industries Development Fund (an AFID the Virginia Department of Agriculture and Consumer Services VDACS inducing the Company to expand and improve an agriculture and/or forestry processing/value- added facility using Virginia-grown products in the Localit significant Capital Investment,(as hereinafter defined) creating a significant number of New Jobs, as hereinafter defined; and purchasing a significant amount of Virginia-grown agricultural and forestal products(as hereinafter defined). WHEREAS, the Locality is willing to provide the funds to the Aut expectation that the Authority will provide the funds to or for that the Company promises to meet certain criteria relating to Capital Investment, New Jobs, and purchase of Virginia-grown agricultural and forestal products; WHEREAS, the Locality wishes to make Local Economic Development Incentive Grant in ny for the purpose of inducing the Company to expand and improve the Facility, thereby making a significant Ca Investment and creating and retaining a significant number of Ne; WHEREAS, the Locality, the Authority and the Company desire to s forth their understanding and agreement as to the payout of the AFID Grant a Investment and New Job creation, purchase of Virginia-grown agricultural and forestal products and the repayment by the Company of all or part of the Grants under WHEREAS, the expansion and operation of the Facility will entaila capital expenditure of approximately $499,500, of which approximately $284,500 will be invested in machinery and equipment and approximately $215,000 will be invested in real property improvements; WHEREAS, the expansion and operation of the Facility will furthe5 New Jobs at the Facility; Page 1 of 11 WHEREAS, the expansion and operation of the Facility will furthe Virginia-grown agricultural and forestal products in the following amount: $57,000 or 312,000 pounds in net new purchases of Virginia-grown apples and peaches over the performance period (see Appendix A for details); and WHEREAS, the stimulation of the additional tax revenue and economic activ generated by the Capital Investment, New Jobs, and purchase of Virginia-grown agricultural and forestal products constitutes a valid public purpose for the expenditure of public animating purpose for the each of the Grants: NOW, THEREFORE, in consideration of the foregoing, the mutual be undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the pa Section 1. Definitions. For the purposes of this Agreement, the following terms shall hae following definitions: Capital Investment capital expenditure by the Company in taxable real property, taxable tangible personal property, or both, at the Facility. The Capital Investment must be in addition to the capital improvements at the Facility as of the date of application: August 28, 2015. The total capital expenditure of $499,500 s will continue without interruption from the date of creation through the Performance DaPositions for the New Jobs will be treated as Maintained during periods in which such posit (i) tion with recruitment for open positions or (ii) strikes and (iii) other temporary work stoppages. Jnew permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are paid by the Company for the employee, and for which the Company pays an average annual wage of at least $32,829. Each New Job must require a per week for the entire normal year of the operations, which , or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New Jobs. The New Jobs must be in addition to the 33 full-time jobs at the Facility as of August 28, 2015. April 30, 2019. If the Locality, in consultation with the Authority and the Secretary of Agriculture and Forestry, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the in its sole and absolute discretion may agree to extend the Performance Date by up to 15 months. If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and the Secretary of Agriculture and Forestry and the date to which the Page 2 of 11 Performance Da Agreement. least $499,500, to create and maintain at least 5 New Jobs at the Facility, and to purchase at least $57,000 or 312,000 pounds of Virginia-grown agricultural and forestal products as defined in Appendix A, all as of the Performance Date. irginia (1950, as amended.) Section 2. Targets. The Company shall expand, improve and operate the Facility in the Locality, make a Capital Investment of at least $499,500, create and Maintain at least 5 New Jobs, and purchase $57,000 of Virginia-grown agricultural and forestal products (see Appendix A), at the Facility, all as of the Performance Date. If the dollar amount of new purchases of Virginia-grown agricultural and forestal products is not met, the Company can still achieve the et by demonstrating they substantively achieved the same volume of Virginia-grown agricultural and forestal products they proposed in Appendix A. The average annual wage of the New Jobs will be at least $32,829. The average prevailing wage in the locality in 2016 is $40,330. Section 3. Disbursement of Grants. (a)AFID Grant: By no later than November 30, 2016, the Locality will request th disbursement to it of the AFID Grant. If not so requested by th this Agreement will terminate. The Locality and the Company will be entitled to rea AFID Grant thereafter, based upon the terms, conditions and avai The AFID Grant in the amount of $7,500 will be paid to the Localuest. Within 30 days of its receipt of the AFID Grant proceeds, the Lo Grant proceeds to the Authority. Within 30 days of its receipt Authority will disburse the AFID Grant proceeds to the Company as an inducement to the Company to achieve the Targets at the Facility. The Company wil make building improvements, as permitted by Section 3.2-304(C) of the Virginia Code. This Performance Agreement shall terminate and shall be of no force or effect in the event that the Locality requests disbursement of the AFID Grant by September 30 received by the Locality on before December 31, 2016. (b)LEDIG: As an inducement to the Company to achieve the Targets at the Facility and provided that the Company is not in default under the terms of t LEDIG in the amount of $7,500 will be paid by the Locality throu Page 3 of 11 disbursed by the Authority to the Company before December 31, 2016 The Company will use the LEDIG proceeds for workforce training and to build-out private owned buildings. Section 4. State and Local Incentives. -With regard to the Facility, the Commonwealth expects to provide incentives in the following amou Category of Incentive: Total Amount AFID Grant $7,500 The Locality expects to provide the following incentives, as matching grants for the Facility: Category of Incentive: Total Amount LEDIG $7,500 If, by the Performance Date, the value of the funds and other local incentives disbursed or committed to be disbursed by the Locality to the Company total l7,500 AFID Grant local match requirement, the Company shall repay the difference to the AFID Fund. The proceeds of the Grants shall be used for the purposes described in Section 3. Section 5. Repayment Obligation. (a)Determination of Inability to Comply with Grants: If the Locality or the Secretary of of its Targets by and through the Performance Date (i.e., by making a Capital Investment of at least $249,750 in the Facility, to creating and Maintaining at least 2 at least $28,500 or 156,000 pounds of Virginia-grown apples and peaches by the Performance Date, and if the Locality or the Secretary shall have promptly notified th the entire Grants must be repaid by the Company to the Authority Such a determination by the Locality or the Secretary will be based on such circumstances as a filing by or on behalf of the Company under any Chapter of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar sign the Company will be unable or is unwilling to satisfy the Targets for the Grants. (b)Repayment of AFID Grant: For purposes of repayment, the AFID Grant is to be allocated as $2,500 (33, $2,500 (33%) for its New Jobs Target, and $2,500 (33%) for its purchase of Virginia-grown apples and peaches. If the Company has met at least ninety percent (90%) of each of the three Targets at the Performance Date, then and thereafter the Company is no longer obligated to of the AFID Grant. If the Company has not met at least ninety percent (90%) of each of the three of its Targets at the Performance Date, the Company shall repay to the AuthoritAFID Grant Page 4 of 11 that is proportional to the Target or Targets for which there istfall. For example, if at the Performance Date, the Capital Investment is only $374,625, only 3 New Jobs have been created and Maintained, and only $42,750 or 234,000 pounds of Virginia-grown apples and peaches have been purchased, the Company shall repay to the Authority twenty-five percent (25%) of the moneys allocated to the Capital Investment Target ($625), twenty-five percent (25%) of the moneys allocated to the New Jobs Target ($625), and twenty-five percent (25%) of the moneys allocated to the purchase of Virginia-grown agricultural and forestal products Target ($625). Whether the New Jobs Target has been met will be determined by comparing the anticipa(5 New Jobs at an average annual wage of at least $32,829) to the actual number of New Jobs and the actual average annual wage reported at the Performance Date. (c) Repayment of LEDIG Grant: For purposes of repayment, the LEDIG Grant is to be allocated as $3,750 (50 and $3,750 (50%) for its New Jobs Target. If the Company has met at least ninety percent (90%) of each of two Targets at the Performance Date, then and thereafter the Company is no l portion of the LEDIG Grant. If the Company has not met at least ninety percent (90%) of each of the two of its Targets at the Performance Date, the Company shall repay of the LEDIG Grant that is proportional to the Target or Targets for which th example, if at the Performance Date, the Capital Investment is only $249,750 and only 3 New Jobs have been created and Maintained, the Company shall repay to thefifty percent (50%) of the moneys allocated to the Capital Investment Target ($1,875) and fifty percent (50%) of the moneys allocated to the New Jobs Target ($1,875). Whether the New Jobs Target has been met will be determined by comparing the anticipated payroll (5 New Jobs a least $32,829) to the actual number of New Jobs and the actual average annual wage reported at the Performance Date. (d)Repayment Dates: Any moneys repaid by the Company to the Authority hereunder shall be repaid by the Authori Locality and shall be repaid by the Locality promptly to VDACS for redeposit into the AFID fund. The Locality and the Authority shall use their best efforts to recover all such funds, including legal action for breach of this Agreement. The Locality shall assume primary responsibility for filing and Neither the Locality nor the Authority shall have any responsibility for the repayment of any sums hereunder unless said sums have been received by the Authority f If the Locality or the Authority seeks to recover any sums from the Company unde Au the Company. Section 6. Company Reporting. satisfactory to the Lo Such progress reports will be provided annually, starting May 31andat such other times as the Locality, the Authority or VDACS may reasonably require. The first progress report will cover the period from January 8, 2016 to April 30, 2017, the second progress report will cover May 1, 2017 to April 30, 2018, and the third and final progress May 1, 2018 to April 30, 2019. Page 5 of 11 As part of the Progress Reports, the Company shall provide for reviewVDACS indicates the number of employees and total wages paid for the qo confirm satisfaction with The Company also will permit the Locality and VDACS to review annual business personal property and real estate fili reasonable satisfaction with the C The Company also shall report to VDACS the amount paid by the Company in the prior calendar year in Virginia corporate income tax. The Company hereby authorizes the Commissioner of the Revenue, the Treasurer and the Director of Finance for the Locality to release to the Authority and the Locality the payments made. VDACS has represented to the Company that it considers such information to be confidential proprietary information that is exempt from publ Freedom of Information Act and that such information will be useVDACS solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall effectiveness economic development incentives. The Company shall also report to VDACS, starting May 31, 2017 andat such other times as the Locality, the Authority or VDACS may reasonably require, the amount purchased and the purchase price paid by the Company, or the fair market value of Virginia-Grown Agricultural or Forestal Products utilized, through the prior year. The Locality and Company agree to retain all books, records, datocuments relative to this agreement for a period of three (3) years after audited by the Commonwealth of Virginia, whichever is sooner. VDACS and its authorized agents, and/or state auditors (both the Auditor of Public Accounts and/or VDACS Internal Auditor) shall have full access to and the right to examine any of said materia Agreement during this period. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 11 Section 7. Notices. Any notices required or permitted under this Agreement shall be given in be deemed to be received upon receipt or refusal after mailing o by certified mail, postage fully pre-paid or by overnight courier (refusal shall mean return of certified mail or overnight courier package not accepted by the addressee) if to the Company, to: with a copy to: Attention: Attention: if to the Locality, to: with a copy to: County of Frederick, Virginia County of Frederick, Virginia rd 107 North Kent Street 107 North Kent Street, 3 Floor Winchester, VA 22601 Winchester, VA 22601 Attention: County Administrator Attention: County Attorney if to the Authority, to: with a copy to: Economic Development Authority of Frederick Economic Development Authority of Frederick County, Virginia County, Virginia 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 Attention: Chair Attention: Counsel to the Authority if to VDACS, to: with a copy to: Secretary of Agriculture and Forestry Chauntele D. Taylor Office of Governor Terence R. McAuliffe AFID Compliance Coordinator Commonwealth of Virginia Va Dept. of Agriculture & Consumer Services 1111 East Broad Street 102 Governor St. Richmond, Virginia 23219 Richmond, Virginia 23219 Attention: AFID Attention: AFID Section 8. Miscellaneous. (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the AFID Grant and LEDIG and may not be amended or modified, except in writing, signed by each of the parties hereto. This A inure to the benefit of the parties hereto and their respective assigns. The Company may not assign its rights and obligations under this Agreement w the Locality, the Authority and the Secretary of Agriculture and Forestry. (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws Jurisdiction and venue for any litigation arising out of or invo Page 7 of 11 Circuit Court of Frederick County, the local Court, and such litigation shall be brought only in such court. (c) Counterparts: This Agreement may be executed in one or more counterparts, e which shall be an original, and all of which together shall be o (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in acco (e) Time: Time is of the essence as to all matters set forth in this Pe Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 8 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. COUNTY OF FREDERICK, VIRGINIA By Name: Title: Date: _______________________________ ECONOMIC DEVELOPMENT AUTHORITY OF FREDERICK COUNTY, VIRGINIA By Name: Title: Date: _______________________________ SHAWNEE CANNING COMPANY, INC. By Name: Title: Date: _______________________________ Page 9 of 11 APPENDIX B Break-Even Point Definition: VDACS has estimated that the -rformance Date. The break-even point compares new revenues realized as a result of the Cap Page 11 of 11 TO:Board of Supervisors FROM:Finance Committee DATE:November 2, 2016 SUBJECT:Finance Committee Report and Recommendations A Joint Finance Committee/Board of Supervisors meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, November 2, 2016 at 8:00 a.m. Member Angela Rudolph was absent. The purpose of the meeting was to discuss debt policies. Please find attached the following documentsto aid in discussion: A.Summary spreadsheet, p. B.Finance staff recommendations, p. C.Davenport & Company presentation 9/14/16, p. D.Davenport & Companyanalysisof 12thElementary School and Armel School Addition 10/18/16, p. Items requiring action: Thecommittee recommends drafting policies basedon the Financestaff recommendations. See attached sample, p. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman By Gary Lofton ___________________________ Bill Ewing Cheryl B. Shiffler, Finance Director Charles DeHaven  Financial Policies to consider:  Reserve policies  Debt policies  Budget development policies  Capital Improvement Budget policies Fund Balance Reserve The current policy for unassigned fund balance is 17% of operating budget. The amount is the recommended GFOA amount for best practicesand is sufficient. Debt Policies Currently, the county does not have an adopted, formal debt policy. Items for discussion for such policy 1.Acceptable purposes for debt issuance. 2.Acceptable level of debt. 3.Debt maturity schedules 4.Mix use of pay-as-you-go and debt financing. The presentation provided three areas that ratios can be established to enhance financial policies that help in achieving the highest credit rating and provide long-term financial planning. 1.Payout Ratio- Suggested useofS&P 10 year payout ratio of greater than 65%. For FY 17,we are at 67.3% with all currently issueddebt. 2.Debt to Assessed Value-Suggested use of Moody’s.75% - 1.75% range for Aa rating. We currently have 1.5%. We anticipate assessments increasing so there will be room for additional debt. Consultants suggested we could push as high as 3% and it may not impact our rating significantly. 3.Debt Services verses Expenditures- Currently we are very strong at < 8%, with a score of 7.37%. Strong per Standard and Poor’s is 8-15%. Consultants recommended 12-15%. A range of 8-12% would remain in the strong category, allowingfor 50% increase above what our current percentage is and not push us close to a lower range. Capital Improvement Budget Policies Needs discussion Budget Development Policies Needs discussion Percent (%) 2037 2036 2035 2034 2033 2032 2031 2030 2029 2028 2027 2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 snoilliM 2037 2036 2035 2034 2033 2032 2031 2030 2029 2028 2027 2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 2037 2036 2035 2034 2033 2032 2031 2030 2029 2028 2027 2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 2037 2036 2035 2034 2033 2032 2031 2030 2029 2028 2027 2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 2037 2036 2035 2034 2033 2032 2031 2030 2029 2028 2027 2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 snoilliM 2045 2045 2043 2043 2041 2041 2039 2039 2037 2037 2035 2035 2033 2033 2031 2031 2029 2029 2027 2027 2025 2025 2023 2023 2021 2021 2019 2019 2017 2017 2045 2044 2043 2045 2042 2043 2041 2040 2041 2039 2038 2039 2037 2036 2037 2035 2035 2034 2033 2033 2032 2031 2031 2030 2029 2029 2028 2027 2027 2026 2025 2025 2024 2023 2023 2022 2021 2021 2019 2020 2019 2017 2018 2017 snoilliM 2040 2040 2039 2039 2038 2038 2037 2037 2036 2036 2035 2035 2034 2034 2033 2033 2032 2032 2031 2031 2030 2030 2029 2029 2028 2028 2027 2027 2026 2026 2025 2025 2024 2024 2023 2023 2022 2022 2021 2021 2020 2020 2019 2019 2018 2018 2017 2017 2040 2039 2040 2038 2039 2037 2038 2036 2037 2035 2036 2034 2035 2034 2033 2033 2032 2032 2031 2031 2030 2030 2029 2029 2028 2028 2027 2027 2026 2026 2025 2025 2024 2024 2023 2023 2022 2022 2021 2021 2020 2020 2019 2019 2018 2017 2018 2017 snoilliM 2041 2040 2041 2039 2040 2038 2039 2037 2038 2037 2036 2036 2035 2035 2034 2034 2033 2033 2032 2032 2031 2031 2030 2030 2029 2029 2028 2028 2027 2027 2026 2026 2025 2025 2024 2024 2023 2023 2022 2022 2021 2021 2020 2019 2020 2018 2019 2017 2018 2017 2041 2040 2041 2039 2040 2038 2039 2037 2038 2036 2037 2035 2036 2034 2035 2034 2033 2033 2032 2032 2031 2031 2030 2030 2029 2029 2028 2028 2027 2027 2026 2026 2025 2025 2024 2024 2023 2023 2022 2022 2021 2021 2020 2020 2019 2019 2018 2017 2018 2017 snoilliM 2041 2040 2041 2039 2040 2038 2039 2037 2038 2037 2036 2036 2035 2035 2034 2034 2033 2033 2032 2032 2031 2031 2030 2030 2029 2029 2028 2028 2027 2027 2026 2026 2025 2025 2024 2024 2023 2023 2022 2022 2021 2021 2020 2019 2020 2018 2019 2017 2018 2017 2041 2040 2041 2039 2040 2038 2039 2037 2038 2036 2037 2035 2036 2034 2035 2034 2033 2033 2032 2032 2031 2031 2030 2030 2029 2029 2028 2028 2027 2027 2026 2026 2025 2025 2024 2024 2023 2023 2022 2022 2021 2021 2020 2020 2019 2019 2018 2017 2018 2017 snoilliM {’¦Œ; 5;,· a“m;’;“· L“·©š7Ò-·zš“ One of the keys to sound financial management is the development included in both recommended practices by the Government Finance rating agencies. Y;ä 5;,· w·zš DÒz7;Œz“;­ Tax Supported 10-year Payout Ratio should be greater than 65%. T measures the amount of principal to be retired in 10 years. Debt to Assessed Value should be in a range not to exceed 0.75%- Debt Service vs. Governmental Expenditures Ratio should be in a range not to exce Governmental expenditures represent the ongoing operating expend School Board. In this calculation, debt service and capital expe expenditures. CUP # 12 - 16 154 200 GAINESBORO RD GAINESBORO RD Alma Carter and Ronald Carter 178 166 GAINESBORO RD GAINESBORO RD 4736 PIN: N FREDERICK PIKE 29 - A - 63 140 GAINESBORO RD Off-Premise Farm Market 01 128 522 GAINESBORO RD ST 684 114 161 GAINESBORO RD GAINESBORO RD 151 GAINESBORO RD 141 GAINESBORO RD 107 GAINESBORO RD CUP #12-16 29 A 63 171 GAINESBORO RD 4675 N FREDERICK PIKE 01 522 Applications Parcels Sewer and Water Service Area 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) Note: CUP # 12 - 16 M2 (Industrial, General District) Frederick County Dept of MH1 (Mobile Home Community District) Alma Carter and Planning & Development I MS (Medical Support District) 107 N Kent St Ronald Carter Suite 202 OM (Office - Manufacturing Park) PIN: Winchester, VA 22601 R4 (Residential Planned Community District) 29 - A - 63540 - 665 - 5651 R5 (Residential Recreational Community District) Off-Premise Farm MarketMap Created: September 27, 2016 RA (Rural Area District) Staff: tklein RP (Residential Performance District) 0100200400Feet CUP # 12 - 16 154 200 GAINESBORO RD GAINESBORO RD Alma Carter and Ronald Carter 178 166 GAINESBORO RD GAINESBORO RD 4736 PIN: N FREDERICK PIKE 29 - A - 63 140 GAINESBORO RD Off-Premise Farm Market 01 128 522 GAINESBORO RD ST 684 114 161 GAINESBORO RD GAINESBORO RD 151 GAINESBORO RD 141 GAINESBORO RD 107 GAINESBORO RD CUP #12-16 29 A 63 171 GAINESBORO RD 4675 N FREDERICK PIKE 01 522 Note: CUP # 12 - 16 Frederick County Dept of Alma Carter and Planning & Development I 107 N Kent St Ronald Carter Suite 202 PIN: Winchester, VA 22601 Applications 29 - A - 63540 - 665 - 5651 Parcels Off-Premise Farm MarketMap Created: September 27, 2016 Sewer and Water Service Area Staff: tklein Building Footprints 0100200400Feet §¦¨RIDGEFIELD AVE 81 525 REZ # 11 - 16 RIDGEFIELD 349 349 AVE TOWN TOWN Southern Hills Phase 2 RUN LN RUN LN PIN: 349 85D - 1 - 1 - 95 TOWN RUN LN Revised Proffers 501 TOWN 332 RUN LN TOWN RUN LN MEADOWS EDGE Subdivision 387 472 EWINGS LN EWINGS LN REZ #11-16 ST 1012 85D 1 1 95 567 TOWN RUN LN 569 SOUTHERN TOWN HILLS RUN LN 571 Subdivision TOWN RUN LN 575 112 TOWN WESTCHESTER DR RUN LN 511 111 EWINGS LN 105 NORWICH CT 108 WESTCHESTER DR WESTCHESTER DR 581 110 TOWN 104 NORWICH CT RUN LN WESTCHESTER DR 102 WESTCHESTER DR 112 WAKEFIELD CT 100 WESTCHESTER DR HAYVENHURST CT 101 102 NORWICH CT HAYVENHURST CT 104 106 WAKEFIELD CT 625 HAYVENHURST CT 100 TOWN 108 NORWICH CT RUN LN HAYVENHURST CT 143 112 HAYVENHURST CT Applications 834 HAYVENHURST CT 145 PEACE & 01 Parcels 11 PLENTY LNHAYVENHURST CT Sewer and Water Service Area § ¨¦ 81 Building Footprints § ¨¦ 81 B1 (Business, Neighborhood District) 150 824 HAYVENHURST CT B2 (Business, General District) PEACE & PLENTY LN B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) 514 HE (Higher Education District) PEACE & PLENTY LN M1 (Industrial, Light District) Note: M2 (Industrial, General District) REZ # 11 - 16 Frederick County Dept of MH1 (Mobile Home Community District) Southern Hills Phase 2 Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 85D - 1 - 1 - 95 Winchester, VA 22601 R4 (Residential Planned Community District) Revised Proffers 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: September 27, 2016 RA (Rural Area District) Staff: cperkins RP (Residential Performance District) 0205410820Feet §¦¨RIDGEFIELD AVE 81 525 REZ # 11 - 16 RIDGEFIELD 349 349 AVE TOWN TOWN Southern Hills Phase 2 RUN LN RUN LN PIN: 349 85D - 1 - 1 - 95 TOWN RUN LN Revised Proffers 501 TOWN 332 RUN LN TOWN RUN LN MEADOWS EDGE Subdivision 387 472 EWINGS LN EWINGS LN REZ #11-16 ST 1012 85D 1 1 95 567 TOWN RUN LN 569 SOUTHERN TOWN HILLS RUN LN 571 Subdivision TOWN RUN LN 575 112 TOWN WESTCHESTER DR RUN LN 511 111 EWINGS LN 105 NORWICH CT 108 WESTCHESTER DR WESTCHESTER DR 581 110 TOWN 104 NORWICH CT RUN LN WESTCHESTER DR 102 WESTCHESTER DR 112 WAKEFIELD CT 100 WESTCHESTER DR HAYVENHURST CT 101 102 NORWICH CT HAYVENHURST CT 104 106 WAKEFIELD CT 625 HAYVENHURST CT 100 TOWN 108 NORWICH CT RUN LN HAYVENHURST CT 143 112 HAYVENHURST CT 834 HAYVENHURST CT 145 PEACE & 01 11 PLENTY LNHAYVENHURST CT § ¨¦ 81 § ¨¦ 81 150 824 HAYVENHURST CT PEACE & PLENTY LN 514 PEACE & PLENTY LN Note: REZ # 11 - 16 Frederick County Dept of Southern Hills Phase 2 Planning & Development I 107 N Kent St PIN: Suite 202 85D - 1 - 1 - 95 Winchester, VA 22601 Applications Revised Proffers 540 - 665 - 5651 Parcels Map Created: September 27, 2016 Sewer and Water Service Area Staff: cperkins Building Footprints 0205410820Feet 332516RIDGEFIELD RIDGEFIELD REZ # 11 - 16 TOWN AVE AVE RUN LN 515 349 RIDGEFIELD Southern Hills Phase 2 349 TOWN 523 AVE TOWN § ¨¦ RUN LN RIDGEFIELD RUN LN 81 AVE PIN: § ¨¦ 85D - 1 - 1 - 95 81 472 Revised Proffers EWINGS LN 503 349 GARDEN TOWN 501 501GATE DR RUN LN TOWN GARDEN RUN LN GATE DR 332 TOWN 387 472 RUN LN EWINGS LN EWINGS LN MEADOWS EDGE ST 1012 Subdivision REZ #11-16 85D 1 1 95 567 TOWN RUN LN 506 569 571 SOUTHERN EWINGS LN TOWN TOWN HILLS Applications RUN LN RUN LN Subdivision 575 Parcels 112 TOWN WESTCHESTER DR Sewer and Water Service Area RUN LN 111 Building Footprints NORWICH CT Long Range Land Use 108 581 WESTCHESTER DR 511 Residential TOWN EWINGS LN 110 Neighborhood Village RUN LN 104 NORWICH CT Urban Center WESTCHESTER DR 102 WESTCHESTER DR Mobile Home Community 112 WAKEFIELD CT 100 Business 102 WESTCHESTER DR Highway Commercial HAYVENHURST CT ST 101 Mixed-Use 1012 104 NORWICH CT 104 HAYVENHURST CT WAKEFIELD CT Mixed Use Commercial/Office 625 100 106 TOWN Mixed Use Industrial/Office NORWICH CT HAYVENHURST CT RUN LN108 145 Industrial HAYVENHURST CT HAYVENHURST CT 112 834 Warehouse 143 HAYVENHURST CT PEACE & HAYVENHURST CT Heavy Industrial PLENTY LN Extractive Mining Commercial Rec 150 HAYVENHURST CT Rural Community Center Fire & Rescue 01 Historic 824 11 Institutional § ¨¦ PEACE & 81 PLENTY LN Planned Unit Development 514 § ¨¦ PEACE & 81 792 Park PLENTY LN PEACE & Recreation PLENTY LN School 762 Employment PEACE & PLENTY LN Airport Support Area B2 / B3 Note: Residential, 4 u/a REZ # 11 - 16 Frederick County Dept of High-Density Residential, 6 u/a Southern Hills Phase 2 Planning & Development I High-Density Residential, 12-16 u/a 107 N Kent St PIN: Suite 202 Rural Area 85D - 1 - 1 - 95 Winchester, VA 22601 Interstate Buffer Revised Proffers 540 - 665 - 5651 Landfill Support Area Map Created: September 27, 2016 Natural Resources & Recreation Staff: cperkins Environmental & Recreational Resources 02505001,000Feet SCALE: 1 Inch = 400 Feet AERIAL OVERVIEW PROJECT ID: 3126DATE: 2016-06-30 DESIGNED BY: DWE FREDERICK COUNTY, VIRGINIA REZONING AMENDMENT OPEQUON MAGISTERIAL DISTRICT AERIAL OVERVIEW REZONING AMENDMENT SOUTHERN HILLS - PHASE 2 SOUTHERN HILLS - PHASE 2 SCALE: 1 Inch = 500 Feet LOCATION AND ZONING MAP PROJECT ID: 3126DATE: 2016-06-30 DESIGNED BY: DWE FREDERICK COUNTY, VIRGINIA REZONING AMENDMENT OPEQUON MAGISTERIAL DISTRICT LOCATION AND ZONING MAP REZONING AMENDMENT SOUTHERN HILLS - PHASE 2 SOUTHERN HILLS - PHASE 2 PROFFER # 3 INSET µ rs 647 Guard Rail èéíìë PROFFER # 8 Guard Rail Virginia Geographic Information Network (VGIN) PROFFER # 2 £ ¤ 11 PROFFER # 3 §¦¨ 81 § ¨¦ 81 ARCADIA COMMERCIAL SOUTHERN HILLS PHASE 2 PROFFER # 4 Legend Parcel Boundary Feet New 100' ROW Line 5002500500 New Property Line & 100' ROW Line Virginia Geographic Information Network (VGIN) SOUTHERN HILLS - PHASE 2 SOUTHERN HILLS - PHASE 2 REZONING AMENDMENT TRANSPORTATION PROFFER COMPLIANCE EXHIBIT REZONING AMENDMENT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA TRANSPORTATION PROFFER DATE: 2016-06-30PROJECT ID: 3126DESIGNED BY: DWE COMPLIANCE EXHIBIT SCALE:1 inch = 500 feet SCALE: 1 Inch = 400 Feet WATER - SEWER - SWSA - UDA MAP PROJECT ID: 3126DATE: 2016-06-30 DESIGNED BY: DWE FREDERICK COUNTY, VIRGINIA REZONING AMENDMENT OPEQUON MAGISTERIAL DISTRICT WATER - SEWER - SWSA - UDA MAP REZONING AMENDMENT SOUTHERN HILLS - PHASE 2 SOUTHERN HILLS - PHASE 2 SCALE: 1 Inch = 500 Feet ENVIRONMENTAL FEATURES MAP PROJECT ID: 3126DATE: 2016-06-30 DESIGNED BY: DWE FREDERICK COUNTY, VIRGINIA REZONING AMENDMENT OPEQUON MAGISTERIAL DISTRICT ENVIRONMENTAL FEATURES MAP REZONING AMENDMENT SOUTHERN HILLS - PHASE 2 SOUTHERN HILLS - PHASE 2 SCALE: 1 Inch = 200 Feet SOILS MAP PROJECT ID: 3126DATE: 2016-06-30 DESIGNED BY: DWE FREDERICK COUNTY, VIRGINIA REZONING AMENDMENT OPEQUON MAGISTERIAL DISTRICT SOILS MAP REZONING AMENDMENT SOUTHERN HILLS - PHASE 2 SOUTHERN HILLS - PHASE 2 SCALE: 1 Inch = 700 Feet HISTORIC FEATURES MAP PROJECT ID: 3126DATE: 2016-06-30 DESIGNED BY: DWE FREDERICK COUNTY, VIRGINIA REZONING AMENDMENT OPEQUON MAGISTERIAL DISTRICT HISTORIC FEATURES MAP REZONING AMENDMENT SOUTHERN HILLS - PHASE 2 SOUTHERN HILLS - PHASE 2 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director SUBJECT: Ordinance Amendment Indoor Recreation in the M1 and OM Districts DATE: October 28, 2016 amusement and This is an amendment to Chapter 165 Zoning, to include an allowance for recreation services operated indoors SIC 79 to be permitted thro in the M1 (Light Industrial) District and the OM (Office-Manufac limited the allowances to SIC 7941 (commercial sports), SIC 7991 7997 (membership sports and recreation clubs) and portions of 79 instruction). Staff has also drafted supplemental use regulatio use additional requirements could be added during the Conditional U necessary. The DRRC discussed this amendment at their September 2016 meetin the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 19; the P the changes and sent the item forward for review by the Board of The attached document shows the existing ordinance with the prop the DRRC and the Planning Commission (with bold italic for text for discussion. Staff is seeking direction from the Board of Supervisors on this Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board of Supervisors deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold 2. SIC 79 3. Resolution CEP/pd ATTACHMENT 1 ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 606 M1 Light Industrial District § 165-604.03. Conditional Uses. Uses permitted with a conditional use permit shall be as follows Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Truck Trailer Parking ----- Commercial Recreation, Indoor*: 7941 Professional Sports Clubs 7991 Physical Fitness Facilities 7997 Membership Sports and Recreation Clubs 7999 Amusement and Recreation Services (to include only fitness and sports instruction facilities) *This use will not be permissible in the M2 Zoning District. Part 605 OM Office-Manufacturing Park District § 165-605.03.1 Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Commercial Recreation, Indoor*: 7941 Professional Sports Clubs 7991 Physical Fitness Facilities 7997 Membership Sports and Recreation Clubs 7999 Amusement and Recreation Services (to include only fitness and sports instruction facilities) ATTACHMENT 1 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS Part 204 Additional Regulations for Specific Uses § 165-204.24. Commercial Recreation, Indoor. Commercial Indoor Recreation located in the M1 (Light Industria shall be subject to the following requirements: A. Parking areas for recreation facilities shall be designated to and leave the facility. B. Adequate parking shall be provided onsite, or through a shar§ 165-202.01. C. Establishments shall include a designated pickup and delivery a safe and clearly designated access to enter or exit the facility D. All uses shall be operated indoors, outdoor recreation shall be. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 General Provisions § 165-101.02 Definitions & word usage. COMMERCIAL RECREATION, INDOOR RECREATION A sports or activity facility either open to the general public fee or for members and their guests, located in an enclosed buil Private, fee-supported outdoor facilities used for athletic, tra games, cultural activities, martial arts, archery and the like. that utilize supervised athletic or recreational activities. ATTACHMENT 2 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director SUBJECT: Ordinance Amendment Minor Site Plans DATE: October 28, 2016 This is an amendment to Chapter 165 Zoning, to modify the standards for the submittal of a a revision that increases an At the August meeting of the Development Review and Regulations Committee requested to increase the disturbed area from 5,000 sq feet to be consistent with the state requirements for a land dis The DRRC discussed this amendment at their September 2016 meetin the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 19; the P the changes and sent the item forward for review by the Board of The attached document shows the existing ordinance with the prop the DRRC and the Planning Commission (with bold italic for text for discussion. Staff is seeking direction from the Board of Supervisors on this Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board of Supervisors deem it appropriate. Attachment: 1. Revised ordinance with deletions shown in strikethrough and addi shown in bold underlined italics. 2. Resolution CEP/pd Attachment 1 ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 802 Site Plans § 165-802.03 Site plan and illustrative sketch plan contents. D. Minor Site Plans. A minor site plan may be submitted in lieu sites. A minor site plan shall constitute a revision that increa less and does not exceed 5,000 square feet of disturbed area. Minor site plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing b the proposed development. (2) The name, address, and phone number of the landowner, develo (3) The Frederick County Property Identification Number (PIN) of (4) The total land area and total developed land area of all lot (5) A detailed description of the proposed use or uses of the de the existing use or uses. (6) A reference to any other site plan or master development pla site. (7) The date the site plan was prepared and a list of all revisi description of why the site plan was revised. (8) A table of contents including all pages of the site plan. (9) An inset map showing the location of the site, along with th uses within 500 feet of the property. (10) A statement listing all requirements and conditions placed resulting from approval of conditional zoning or a conditional u (11) A description of setbacks or conditions placed on the site (12) The name of the Magisterial District within which property (13) Calculations showing the total number of required and propo including the total number of existing and proposed spaces. (14) Calculations showing the total number of required perimeter including the number of provided trees. The Zoning Administrator of landscaping plants required, proportional to the additions sh (15) A signed seal of the certified Virginia land surveyor, arch plan. (16) Any other information determined by the Zoning Administrato minor site plan. (17) The Zoning Administrator may eliminate any of the above req is determined not to be warranted. Attachment 1 Frederick County SmartScale (HB2) Applications 1.Route 37 Extension from Tasker Road to Route 522 VDOT Cost Estimate: $102,187,414 VDOT Completion Estimate: 2029 Fund Source: District Grant and Statewide High Priority Grant Project Description: Construction of Four Lane limited access Roadway on new alignmen the terminus of the current VDOT interchange improvement at I-81 a full diamond interchange at Warrior Drive, and 1/2 diamond int eastern loop of Route 37 has been a fixture in Frederick County over 20 years. The first priority segment of that roadway is the Route 522. This connection, located equidistant between the congested Exits 307 and 313 offers a vital network connection that will not only greatly aid condit provide additional and more efficient access to the Virginia Inl statewide scale. As one of many communities that are bisected by of efficient east west movement has become a greater issue as gr over the years. This additional network connection would signifi Inland port growth has continued even through much of the recess that recession is now regaining past form. This project offers v more efficient access for trips to and from the Port at a time w its deteriorating condition and congestion issues and Exit 307, 307 and Route 522 suffers from significant congestion issues. Fi direct access to a development currently proffered to bring near commercial and office development within the Frederick County de Development Area. The interchange with Warrior Drive will allow interchange which will promote better spacing and safer operatio improvements to Exit 310, as well as a much improved access poin well as thousands of residential trips that are currently funnel 2.(variation of Project 1) Route 37 Extension from Tasker Road to combined with construction of Warrior Drive from that location t Drive VDOT Cost Estimate: $49,510,785 VDOT Completion Estimate: 2029 Fund Source: District Grant and Statewide High Priority Grant Project Description: Extend Route 37 as a 4 lane limited access facility from its int Tasker Road to the future location of Warrior Drive. Extend Warr terminus to Route 37. This project will provide a much needed alternative route for tr currently travels to and from the exit 310 interchange via Taske will aid in congestion at Exit 307 and allow for the closure of Road. 3.Exit 317 NB exit ramp relocation to location where Redbud Road c North combined with the rerouting of Redbud Road to Snowden Brid VDOT Cost Estimate: $11,239,131 VDOT Completion Estimate: 2021 Attachment 1 Fund Source: District Grant and Statewide High Priority Grant Project Description: This project consists to two main components. The first componen be the relocation of the I-81 NB exit ramp at Exit 317 from its current intersection with Route 11 to the location where Redbud Road currently intersects with Rout removing the traffic signal at the current intersection. The sec would reroute Redbud Road to an intersection with Snowden Bridge 4.Route 277 from Double Church Road to Warrior Drive, widening and VDOT Cost Estimate: $25,428,540 VDOT Completion Estimate: 2028 Fund Source: District Grant and Statewide High Priority Grant Project Description: Phase II of Route 277 improvements. Widening and access manageme from Double Church Road to Warrior Drive. 5.Route 11 North, widening from Snowden Bridge Boulevard to Old Ch VDOT Cost Estimate: $28,346,142 VDOT Completion Estimate: 2027 Fund Source: District Grant and Statewide High Priority Grant Project Description: Route 11 North of Snowden Bridge Blvd is c roadway. This project would widen that facility to a 6 lane divi where appropriate. 6.Sulphur Springs Road, reconstruction and widening from Route 50 VDOT Cost Estimate: $2,704,784 VDOT Completion Estimate: 2020 Fund Source: District Grant and Statewide High Priority Grant Project Description: Widen Sulphur Spring Road from the interse regional landfill, add paved shoulders for pedestrians and bicyc Route 50. This application represents gap funding to complete th secondary program for a number of years. 7.Intersection of Senseny Road and Crestleigh Drive, turn lanes on VDOT Cost Estimate: $2,548,582 VDOT Completion Estimate: 2027 Fund Source: District Grant and Statewide High Priority Grant Project Description: Improvements to the intersection of Sensen Crestleigh Drive to include turn lanes and potential signalizati right turn lanes to Senseny Road at the intersection of Crestlei signalization of the intersection. 8.Intersection of Route 277 and Warrior Drive, extend the eastboun and pedestrian safety improvements along the southern part of Wa VDOT Cost Estimate: $476,644 VDOT Completion Estimate: 2024 Fund Source: District Grant and Statewide High Priority Grant Project Description: Extend right turn lane for eastbound Route 277 and Warrior Drive. Installation of sidewalk for pedestrian s pedestrian pedestal. Attachment 1 9.Intersection of Papermill Road and Route 522, extend right turn Road. VDOT Cost Estimate: $507,262 VDOT Completion Estimate: 2025 Fund Source: District Grant and Statewide High Priority Grant Project Description: Extend right turn bay of Papermill Road (R with Route 522 to alleviate turn bay spillover that is taking pl conjunction with VDOT staff.