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May 24 2017_Board_Agenda_Packet AGENDA WORK SESSION, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 24, 2017 5:00 P.M., 6:00 P. M., 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 5:00 P.M. Work Session with the Winchester Regional Airport Authority Presentation by the Airport Authority 6:00 P.M. Closed Session There will be a 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. 7:00 P.M. Regular Meeting Call To Order Invocation Pledge of Allegiance Adoption of Agenda: Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda: (Tentative Agenda Items for Consent are Tabs:A, C,and D) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes:(See Attached)A ------------------------------------------------------------------------------- AGENDA` WORK SESSION, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 24, 2017 PAGE 2 1.Regular Meeting, April 12, 2017. County Officials: 1.Presentation of Resolution of Appreciation for Chief Henry Shiley, Middletown Volunteer Fire and Rescue Company. (See Attached)B 2.Committee Appointments. ------------------------------------------- Committee Reports: (SeeAttached)C 1.Information TechnologyCommittee. ------------------------------ (See Attached)D 2.Parks and Recreation Commission. ------------------------------- (See Attached)E 3.Human Resources Committee. ------------------------------------ (See Attached)F 4.Finance Committee. --------------------------------------------------- Planning Commission Business: Public Hearing: 1.Conditional Use Permit #01-17 for Bowman Library (Shenandoah Mobile LLC) Wireless Commercial Telecommunication Facility, Submitted to Construct a Wireless Telecommunications Consisting of a 165 Foot Telecommunication Monopole Tower with Supporting Equipment in a Fenced Compound. The Property is Located at the Bowman Library, 871 Tasker Road and is Identified with Property Identification Number (Continued Public Hearing 75B-A-1 in the Shawnee Magisterial District. from April 12, 2017 Board of Supervisors Meeting.) (See Attached)G ------------------------------------------------------------------------------- 2.Ordinance Amendment to the Frederick County Code Chapter 165 Zoning, Article I General Provisions; Amendments; and Conditional Use Permits, Part 101 General Provisions, §165-101.02 Definitions and Word Usage. Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204 - Additional Regulations for Specific Uses, §165-204.15 Commercial Shooting and Archery Ranges, Outdoor, and Addition of Section §165-204.31 Special Event Facilities. Article IV Agricultural And Residential Districts, Part 401 RA Rural Areas District, AGENDA` WORK SESSION, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 24, 2017 PAGE 3 §165-401.02 Permitted Uses, §165-401.03 Conditional Uses. Revisions to the Frederick County Zoning Ordinance on Permitted and Conditional Uses, Supplemental Regulations and Definitions of New Uses in the RA Zoning (See Attached)H District. -------------------------------------------------------------------- 3. Ordinance Amendment to the Frederick County Code Chapter 165 Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, §165-401.07 Setback Requirements. Revisions to the Frederick County Zoning Ordinance on the Reduction of the Required Setback for (See Attached)I Accessory Structures on Private Right-Of-Ways. ------------- Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn Cheryl B. Shiffler TO: Board of Supervisors FROM: Finance Committee DATE: May 17, 2017 SUBJECT: Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street Wednesday, May 17, 2017 at 8:00 a.m. All members were present. () Items 1, 3, and 10 were approved under consent agenda. 1.() The Department of Social Services requests a General Fund supplemental appropriation in the amount of $80,900. This amount represents net budget adjustments required for FY17. No additional local funds required. See attached information, p. 4 5. FY18 General Fund supplemental appropriation in 2.The Department of Social Services requests an the amount of $148,624. This amount represents fund for two full-time Family Services Specialists. No additional local funds required. The addition by the HR Committee and the BOS. See attached information, p. 6 9. The committee recommends approval. 3.() The Sheriff requests a General Fund supplemental appropriation in the amount of $5,602. This amount represents reimbursements from the Treasury Departme. No local funds required. See attached memos, p. 10 11. 4.The Sheriff requests a General Fund supplemental appropriation in the amount of $500. This amount represents a donation for the purchase of a K9 vest. No attached memo, p. 12 13. The committee recommends approval. 5.Frederick County Public Schools requests a School Operating Fund supplemental appropriation in the amount of $280,825.34. This amount represents grant funds for two preschool classrooms. No local funds are required. See attached memo, p. 14. The committee recommends approval. 1 Finance Committee Report and Recommendations May 17, 2017 Page 2 NRADC Fund supplemental appropriation in the amount 6.The NRADC Superintendent requests a of $450,000. This amount represents funds for unanticipated inmate medical ex been approved by the Jail Authority. See attached memo, p. 15. The committee recommends approval. This 7.The VJCCCA Director requests a General Fund budget transfer in the amount of $25,000. amount represents unspent salaries to be used for client service required. Transfer Policy requires BOS approval for transfers out of salarSee attached memo, p. 16. The committee recommends approval. FY18 General Fund supplemental appropriation in 8.The Parks & Recreation Director requests an the amount of $197,000. This amount represents proffer funds to be used for the design a installation of parking and a trail at Frederick Heights Park. nal local funds required. Requested additional information is attached, p. 17 18. The committee recommends approval. 9.The Parks & Recreation Director requests discussion on an Abrams Support. See attached information, p. 19 24. The committee recommends approval. 10.() The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $2,320. This amount represents an auto claim reimbursement. No local fu required. See attached memo, p. 25 26. This amount 11.The IT Director requests a General Fund budget transfer in the amount of $40,000. represents unspent salaries to be used for maintenance support and to mitigate issues with Active Directory. No additional local funds required. Transfer Policy requires BOS approval for transfers out of salary line items. See attached, p. 27 31. The committee recommends approval. 12.The IT Director requests an FY18 General Fund supplemental appropriation in the amount of $56,000. This amount represents PEG funds to be used to update the presen the BOS meeting room. No additional local funds required. This BOS IT Committee. See attached, p. 32 33. The committee recommends approval. INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for April 2017. See attached, p. 34. 2 Finance Committee Report and Recommendations May 17, 2017 Page 3 2.The Finance Director provides an FY 2016 Fund Balance Report end, 2017. See attached, p. 35. 3.The Finance Director provides financial statements for the monthApril 30, 2017. See attached, p. 36 46. 4.The Government Finance Officers Association (GFOA) has awarded t Outstanding Achievement for Outstanding Achievement in Popular Annual Financial Reporting for the June 30, 2016 Popular Annual Financial Report (PAFR). This is the 11 that Frederick County has received this achievement. See attach 47 48. 5.The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement for Excellence in Financial Reporting fo 30, 2016 Comprehensive Annual Financial Report (CAFR). This is the 31st County has received this achievement. See attached, p. 49. 6.The current Proffer Policy is provided. See attached, p. 50. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe By _______________________________ Sharon Kibler, Assistant Finance Director 3 4 5 6 7 8 9 10 11 12 13 Patty D. Camery, Executive Director of Financecameryp@fcpsk12.net DATE: May 11, 2017 TO: Cheryl Shiffler, Director of Finance County of Frederick FROM:Patty Camery, Executive Directorof Finance - FCPS SUBJECT: FY17 Budget Item for Consideration by the Board of Supervisors The School Board is scheduled to approve the following budget adjustment at their May 16, 2017 meeting. The budget adjustment is subject to approval by the Board of Supervisors. Please include the following request on the agenda for the County Finance Committee meeting scheduled for May 17, 2017. Budget Adjustment for the school operating fund A FY2017 budget adjustment to the school operating fund is requested for 280,825.34, which represents federal grant funds awarded in FY2017 and are to be used to fund two preschool classrooms for the 2017-2018 school year. No local funds are required. C: David T. Sovine, Ed.D., Superintendent Brenda G. Garton, County Administrator 14 15 16 17 18 19 20 ATTACHMENT 2 ABRAMS CREEK GREENWAY TRAIL 3 Phase Developmen Plan 21 22 23 24 25 26 COUNTY OF FREDERICK Information Technologies (540) 665-5614 M E M O R A N D U M To: From: Subject: Date: 27 28 31 COUNTY OF FREDERICK Information Technologies (540) 665-5614 M E M O R A N D U M To: From: Subject: Date: 32 3593 Mayland Court Richmond, VA 23233DATEJanuary 20, 2017 Fed ID# 26-4368726Quotation #FCO012017 office 804 747-7780Customer:Frederick County fax 804 747-7112Contact Name:Scott Varner cell 804 564-6753Phone Number:(804) 828-7228 Andrew PittsEmail:svarner@fcva.us apitts@streetandco.com Contract Number 4394459JC-12 Quotation Bill To:Frederick County Accounts Payable / Scott Varner 0February 19, 2017 , Andrew Pitts Frederick County Location: SALE PRICE PER EXTENDED SALE DESCRIPTIONITEM PRICE LINEMANUFACTURERPART #QTY 1 EpsonV11H750020EPSON Pro G7500U, WUXGA 1920x1200 - 6500 Lumens1$ 4,559.20$ 4,559.20 2 3 ChiefRPAUChief Projector Mount - Wh1$ 189.60 $ 189.60 ChiefCMS012018WChief Ext Pipe - Wh1$ 104.00$ 104.00 4 5 ChiefCMS440Chief Suspended Ceiling Mount1$ 128.00$ 128.00 Dalite21858LSCDalite Tensioned Contour Electrol - HD Progressive 1.1 - viewing1$ 2,719.20 $ 2,719.20 6 area 60"h x 96"w - 113" Dia - White - 2" Total Black drop at the top. 7 NECE705NEC 70" Display2$ 2,912.00$ 5,824.00 ChiefLTM1UChief Fusion Wall Mount2$ 256.00$ 512.00 8 9 CrestronTSW-760Crestron 7" Touch Panel1$ 1,120.00$ 1,120.00 CrestronTSW-760-TTKCrestron Tabletop Kit for TSW-7601$ 140.00$ 140.00 10 11 CrestronCEN-SW-POE-5Crestron 5-Port PoE1$ 280.00$ 280.00 CrestronDMPS3-300-CCrestron Series DigitalMedia Presentation System 300 1$ 5,880.00$ 5,880.00 12 13 CrestronDM-RMC-4K-SCALER-CCreston DigitalMedia 8G+ 4K Rx & Room Controller w/Scaler3$ 1,260.00$ 3,780.00 CrestronDM-TX-4K-302-CCrestron DM HDMI / VGA Transmitter (for podium - Res PC & 1$ 1,400.00$ 1,400.00 14 Aux HDMI & VGA feed) CrestronDM-TX-4K-100-C-1G-B-TCrestron DM HDMI Tx1$ 490.00$ 490.00 15 16 MersiveSP-7000-ESolstice perpetual software license integrated on an Android 1$ 1,299.00$ 1,299.00 appliance - unlimited number of users - Enterprise Edition MersiveSM-101-UPE1 year extended Pod software maintenance at time of purchase 1$ 221.00$ 221.00 17 (first 12 months included with initial purchase) - Enterprise Ed Additional 3% off - 2 Years Total 18 ShureSLX124/85/SM58Shure SLX Combo Wireless System Features SM58 Handheld 1$ 889.00$ 889.00 Microphone & WL185 Lavalier Microphone 19 ShureDIS-CCUCentral Control Unit for DDS 59001$ 1,075.00$ 1,075.00 ShurePS-CCU-USPower supply for DIS-CCU1$ 775.00$ 775.00 20 21 ShureDC 5980 PPortable Conference Unit,16$ 338.00$ 5,408.00 ShureGM 5924Gooseneck Mic. w/LED,16$ 152.00$ 2,432.00 22 23 BiampTesiraFORTÉ VIBiamp DSP with VoIP Interface1$ 2,398.40$ 2,398.40 QSCCX204VQSC 70c 4-Ch Amplifier1$ 1,280.00$ 1,280.00 24 25 JBLControl 24CTJBL Control 24CT Ceiling Speaker 8$ 116.80$ 934.40 EpsonV13H010L93EPSON Replacement Lamp G7000 Series1$ 199.00$ 199.00 26 27 EpsonEPPEXPB2EPSON Whole Unit Exchange Virtual Warranty, 2 Year - G Series 1$ 279.00$ 279.00 28 $ - Material Sub Total $ 44,315.80 Cables & Connectors $ 1,379.36 Labor and Programming $ 6,825.00 7 Days $7350 - 1/2 day discount $525 for leg work Travel & Lodging $ 1,250.00 2 Guys for 5 nights Subtotal $ 53,770.16 Freight $ 525.00 Total Sale Price $ 54,295.16 Sales Tax $ - Total Quote $ 54,295.16 Notes: 1. Payment terms: A progress payment schedule shall be developed to meet the job schedule requirements. 2. The above proposal does not include any options. 3. All electrical work is left to the client or client subcontractor, unless otherwise determined. Signature to proceed with order ________________________________ PURCHASE ORDER NUMBER : ________________________________________ ***EMAIL OR FAX TO - ORDERS@STREETANDCO.COM OR 804-747-6041*** Street Co LLC Frederick County 17 Board Room 1-20-17.xlsxQuote (2) 33 dba - SeedComm/Signature AV 5/10/2017 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 requests to access proffered funds shall be submitted to the Countys Finance Department = 1) the item or project must have a minimum value of five thousand dollars($5,000), and; 2) the item/project must have an anticipated useful life of at least five (5) years. = ' = For the purpose of determining whether a project or item is appropriate for individual listing on the CIP only, 50 CONDITIONAL USE PERMIT #01-17 Bowman Library- 871 Tasker Road Shenandoah Mobile LLC Staff Report for the Board of Supervisors Prepared: May 12, 2017 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: 03/01/17 Public Hearing Held; Denied Board of Supervisors: 04/12/17 Public Hearing Held; Tabled 30 Days Board of Supervisors: 05/24/17 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 05/24/17 BOARD OF SUPERVISORS MEETING: [Materials received from the Applicant and from citizens, at the public hearings and since the filing of the application, are available separately from this staff report]. This is a request for a Conditional Use Permit to enable the construction of a 165-foot Monopole-Type Commercial Telecommunications Facility. Should the Board of Supervisors find the use to be appropriate, Staff would suggest the following conditions: 1.All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co-locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. All antennas will be flush mounted to the tower. 6. The tower will be painted brown. 7. The tower will not be lighted. 8. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. Page 2 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 9. Any expansion or modification of this use will require a new Conditional Use Permit. In addition, should the Board of Supervisors find the waiver to the required setback is acceptabl 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. LOCATION: This property is located at 871 Tasker Road, Stephens City, Virginia. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75B-A-1 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Library ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Open Space West: RP (Residential Performance) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 165-foot Monopole-Type Commercial Telecommunications Facility (original request 195 feet). REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a site plan for this property appears to have little measurable impact on Route 642, the VDOT facility which would provide access to the property. Present entrance is adequate for the proposed improvements. Should business ever expand in the future, entrance may need to be upgraded. Frederick County Inspections: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility and Miscellaneous) of The International Page 3 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 Building Code 2012. Per the Section 102.3 of The Virginia Uniform Statewide Building Code, 2012 Edition, Section 102.3 VUSBC exempts equipment, related wiring, and poles and towers supporting the related wiring installed by a provider of publicly regulated utility service. The exemption shall apply only if under applicable federal and state law the ownership and control of the equipment and wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be located on either public right-of-way or private property for which the service provider has the rights of occupancy and entry; however, the structures, including their service equipment, housing, or supporting such exempt equipment and wiring shall be subject to the USBC. The installation of equipment and wiring exempted by this section shall not create an unsafe condition prohibited by the USBC. Construction of the structural slab requires a building permit. Plans submitted shall be sealed by a Virginia Registered Design Professional. Please note the requirements in Chapter 17 of the IBC for special inspections for this type of structure. (soil, concrete, bolts, etc.) Winchester-Frederick County Health Department: The Frederick County Health Department has no objection to this project since no wells or septic systems will be affected by this addition to 75B-A-1. Frederick County Sanitation Authority: Approved as noted (2) Items. Frederick County Fire Marshall: Please see attached email from Barbara Johnson, Secretary, Fire & Rescue dated January 18, 2017. City of Winchester: No comments. Winchester Regional Airport: Please see attached letter from Serena Manuel, Executive Director dated January 23, 2017. Planning and Zoning: The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) provides guidance when considering any land use action. This proposed 165-foot (previously 195-foot) monopole-type commercial telecommunication facility is located on a 16+/- acre property that is zoned RP (Residential Performance) District. The property is located within the UDA and SWSA as identified within the Comprehensive Plan, and is located within the Southern Frederick Area Plan. These plans identify this area to remain residential in character. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in Page 4 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit (CUP) are currently zoned RP (Residential Performance) Zoning District. The zoning ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic value. Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to co- locate on an existing telecommunication facility, and possible co-location structures. The Applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facility or possible co-location opportunity structures exist in this area. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. Waiver: (See updated waiver information on page 8 of report). This proposed telecommunication tower is required to be setback from the property line 200. (tower is 195 in height and the RP Zoning District height maximum is 45 195- 45= 150. The normal setback (50) per RP Zoning District plus one foot for every foot over the maximum height of the district (45) this telecommunication tower is 150 district (50+15020027 setbacks cannot be met. The property adjacent to the setback waiver request is open space and adjacent to the lake. The Applicant is requesting a waiver to reduce the required setback as set forth in Section 165- 204.19 of the zoning ordinance. The Applicant has provided documentation from a certified Virginia engineer with verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Should this waiver be granted, the result will be a 73 setback reduction. (200-12773. STAFF CONCLUSIONS FOR THE 03/01/17 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co-locating personal wireless services providers. Page 5 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit In addition, should the Planning Commission find the waiver to the required setback is acceptable; a motion to recommend approval of setback reduction of 73 127 PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/01/17 MEETING: Staff reported this proposed 195 foot monopole-type commercial telecommunication facility is located on a 16+/- acre property that is zoned RP (Residential Performance) District. Mr. Cheran continued the property is located within the UDA and SWSA as identified within the Comprehensive Plan, and is located within the Southern Frederick Area Plan. Staff noted these plans identify this area to remain residential in character. Staff explained the Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). Staff reported the Applicant is requesting a waiver to reduce the required setback as permitted by the Zoning Ordinance and should this waiver be gran this proposed telecommunication tower is required to be setback from the property line 200. Staff presented a location map of the property and the site of the pole. Staff concluded should the Planning Commission find this use appropriate, Staff recommends the following conditions: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for co-locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. Page 6 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion of change of use shall require a new Conditional Use Permit. Staff noted, in addition should the Planning Commission find the waiver to the required setback from the identified property would be appropriate. Commissioner Unger asked what the reason was that the Applicant is in need of a waiver. Staff explained the site for the tower is close to the property line. Mr. Ed Donahue, local counsel for Shentel came forward. He noted Lynn Koerner would be explaining the site acquisition process, and the setback waiver. Mr. Donahue also mentioned Mr. Chris Sahr of Shentel who is a senior RF (radio frequency) engineer will explain the propagation maps, the need, and how the site fits within the network. Mr. Lynn Koerner, site acquisition consultant with Shentel came forward. Mr. Koerner began by giving a brief overview of how Shentel decided on this location. Mr. Koerner presented mapping that reflected the existing tower sites closest to the target area which included: Sherando High School, the old Armel School on Route 522 South, Hockman property, and the Exxon Station at Stephens City. He noted the objective is to get a tower in the middle which will off load the other sites and provide the necessary coverage in the middle of the area. Mr. Koerner continued the water tank at FCSA was looked at as a possible location; however there is an installation on the water tank; the option to rebuild this installation will not work for this project after extensive testing has been completed. Mr. Koerner reported another site that was considered was the CVS/Handy Mart at the intersection of Tasker Road and Warrior Drive; it was determined this location was not tall enough to place antennas high enough to clear the trees to provide the necessary coverage. After discussions with Frederick County, a site was considered for Sherando Park; however that site was determined to not be feasible for this project. Mr. Koerner stated a property on Land Grant Lane was looked at and the property owner is in the process of planning to build a home in the spot the tower would need to be placed. Mr. Koerner noted they also spoke with FCSA in regards to the location at Lakeside Drive and the collection pond which was also not feasible due to a deed restriction; and the owners are not interested in leasing the property across for the library. Mr. Koerner reported after exhausting all the mentioned sites he then approached Frederick County and formally asked if the County would be interested in leasing the property at the Bowman Library; a lease was negotiated and presented to the Board of Supervisors. Mr. Koerner continued balloon testing was completed on the site at which time he presented various photos of the proposed tower from different locations where it would be visible. Mr. Koerner reported a community meeting was held on January 17, 2017 at the Bowman Library which resulted in very good discussion. In regards to Commissioner Mr. Koerner explained between where the proposed tower site is and the fence there is a sanitary line that goes through the area that they want to make sure remains protected. Page 7 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 A Commission Member inquired is this tower to improve service or provide service. Mr. Koerner noted he would let Mr. Chris Sahr address that question. Commission Member Thomas noted the topography slopes in that area towards Lakeside Drive, therefore the waiver is from the rear property line in an unoccupied area; on the eastern side towards Lakeside Drive should the tower ever collapse would there be provisions or insurance from the engineer that it would not end up falling on Lakeside Drive or rolling into Lakeside Drive with a monopole tower that would have the ability to go down the slope. Mr. Koerner explained the engineer report that has been The Commission Member noted that is part of his concern, and will there be a barrier to keep it from rolling to Lakeside Drive should it collapse. Mr. Koerner stated a barrier is not being designed at this time however that can be addressed and research will be done if necessary. A Commission Member inquired was the feedback at the community meeting positive/negative. Mr. Koerner noted there were comments regarding health effects, the eco system, and real estate values. Mr. Chris Sahr, a radio frequency engineer for Shentel came forward to speak as to why Shentel would like to put a tower at the Bowman Library. Mr. Sahr presented mapping depicting each Shentel customer as of 2015 in the Lakeside area. He noted there are quite a few customers in this area in need of improved service and it is a concentrated area. He noted the goal of Shentel is to improve service in this area and by placing the tower at the Bowman Library it would improve the service to over 2,000 customers in the localized area. Mr. Donahue commented regarding the community meeting; evidence supports there are no real effects on property values when placing a tower. He shared information that the FCC provided and Shentel must be in compliance at all times. There were eight citizens that came forward to speak during the Public Hearing. Some of the concerns voiced were: ill health impacts, eco-system hazards, safety hazards should the tower collapse, an eye sore in the community, and property values. The Chairman commented there are a number of things involved with this application and the Planning r not this proposal meets the requirements of the telecommunication laws and the other is to determine if this is a good land use. Mr. Ed Donahue addressed the title/deed issue; this has been answered and satisfied with the County Attorney. He noted environmental test have been performed and came back clean. A Commission Member reminded the Planning Commission to keep in mind the Commissions responsibility is to determine whether from a land use planning perspective particular uses are suitable to the C demands we need to have them. He asked everyone to look at our Comprehensive Plan, Ordinances, Zoning requirements, and determine if this particular use is compliant with our other ordinances and uses in the area. Page 8 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 A Commission Member commented ownership aside, land use compatibility is an issue and we have an continued this tower is right in the heart of a residential area and near a prominent public site. He noted he understands the reasoning of Shentel however he views this as an incompatible use at this location. A Commission Member made a motion to recommend approval; there was not a second to the motion. A motion was made, seconded, and passed to recommend denial of CUP #01-17 Bowman Library- Shenandoah Mobile LLC. Absent: Oates, Ambrogi, Manuel YES: 9 Members NO: 1 Member ACTIONS SINCE THE PLANNING COMMISSION 03/01/17 MEETING: The Applicant met with Staff to mitigate and modify the conditions of this CUP in an effort to address the adjoining property owners concerns. These modifications include: Lowering the mono-type tower from 195 to 165 in height, making all antennas flash mounted to the tower, painting the tower brown, and not be lighted (See attachments) Waiver: (Updated) This proposed telecommunication tower is required to be setback from the property line 127 (tower is 165 6- 12 maximum height of the district ation 12 217 setbacks cannot be met. The property adjacent to the setback waiver request is open space adjacent to the lake. The Applicant is requesting a waiver to reduce the required setback as set forth in Section 165- 204.19 of the zoning ordinance. The Applicant has provided documentation from a certified Virginia engineer with verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Should this waiver be granted, the result will be a 4 (17-43 CONCLUSION FOR THE 04/12/17 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this use for a 165 ft. Commercial Telecommunications Facility to be appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co-locating personal wireless services providers. Page 9 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. All antennas will be flushed-mounted to the tower. 6. The tower will be painted brown. 7. The tower will not be lighted. 8. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 9. Any expansion or modification of this use will require a new Conditional Use Permit In addition, should the Board of Supervisors find the waiver to the required setback is low the tower to be BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 04/12/17 MEETING: No action was taken at the 04/12/17 Board of Supervisors meeting. The Board of Supervisors tabled 30 days. In addition, the Board of Supervisors allowed for the public hearing to continue at the 05/24/17 meeting. CONCLUSION FOR THE 05/24/17 BOARD OF SUPERVISORS MEETING: [Materials received from the Applicant and from citizens, at the public hearings and since the filing of the application, are available separately from this staff report]. This is a request for a Conditional Use Permit to enable the construction of a 165-foot Monopole-Type Commercial Telecommunications Facility. Should the Board of Supervisors find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times 2. The tower shall be available for co-locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. Page 10 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. All antennas will be flush mounted to the tower. 6. The tower will be painted brown. 7. The tower will not be lighted. 8. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 9. Any expansion or modification of this use will require a new Conditional Use Permit. In addition, should the Board of Supervisors find the waiver to the required setback is er to be 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. HACKBERRY DRSURREYSURREY386SURREYSURREY 399 CLUB LN CLUB LN CLUB LN CUP # 01 - 17 CLUB LN SURREY 108 SURREY 347 361 CLUB LN CHINKAPIN DR CLUB LN 110 SURREY SURREY HACKBERRY DR CLUB LN CLUB LN 393 Bowman Library 100 114 SURREY CHINKAPIN DR 377 204 132 HACKBERRY DR CLUB LN SURREY HACKBERRY DR HACKBERRY DR PIN: 124 CLUB LN 385 200 HACKBERRY DR 136 HACKBERRY DR SURREY HACKBERRY DR 202 75B - A - 1 HACKBERRY DR CLUB LN 101HACKBERRY DR 120 140 100 POCONO PL Cell Partnership for Shenandoah Mobile 103 HACKBERRY DR HACKBERRY DR160 POCONO PL POCONO PL HACKBERRY DR 90 108 144 166 105 90 CHINKAPIN 112POCONO PL HACKBERRY DR HACKBERRY DR162 POCONO PL DRCHINKAPIN 90 POCONO PL HACKBERRY DR 172 ST 107 DR CHINKAPIN114 HACKBERRY DR 642 109 POCONO PL DR POCONO PL 116 POCONO PL 176 POCONO PL HACKBERRY DR 111 92 120 POCONO PL CHINKAPIN POCONO PL 118 92 180 115 DR POCONO PL CHINKAPIN124 HACKBERRY DR POCONO PL 113 DR POCONO PL 94 122 POCONO PL 119 CHINKAPIN POCONO PL 94 POCONO PL 117 DR 126 CHINKAPIN 94 POCONO PL POCONO PL DR123 CHINKAPIN 121 POCONO PL DR POCONO PL 125 POCONO PL CUP #01-17 75B A 1 114 LAKESIDE DR 112 110 109 LAKESIDE DR LAKESIDE DR MIMOSA DR 108 LAKESIDE DR 107 105 106 MIMOSA DR 103 LAUREL LAKESIDE DR LAUREL HILL DR 101 HILL DR 104 107 LAUREL LAKESIDE DR LAUREL HILL DR HILL DR 102 LAKESIDE DR 100 LAUREL 104 HILL DR LAUREL 102 100 HILL DR LAUREL LAKESIDE DR 973 103 961 HILL DR TASKER RD MIMOSA DR TASKER RD 985 108 01 1011 TASKER RD 11 LAUREL 997 TASKER RD HILL DR TASKER RD ST 642 1033 § ¨¦ TASKER RD 81 990 974 TASKER RD TASKER RD CUP # 01 - 17 Note: Frederick County Dept of Bowman Library Planning & Development I 107 N Kent St PIN: Suite 202 75B - A - 1 Winchester, VA 22601 Cell Partnership for Shenandoah Mobile 540 - 665 - 5651 Applications Map Created: February 6, 2017 Parcels Staff: mcheran Building Footprints 0165330660Feet RESOLUTION ______________________________ Action: PLANNING COMMISSION: March 1, 2017 Recommended Denial BOARD OF SUPERVISORS: April 12, 2017 Public Hearing Held; Action Tabled 30 days May 24, 2017 APPROVED DENIED RESOLUTION CONDITIONAL USE PERMIT #01-17 BOWMAN LIBRARY 871 TASKER ROAD SHENANDOAH MOBILE, LLC WHEREAS, Conditional Use Permit #01-17 to enable construction of a 165 foot Monopole-Type Commercial Telecommunications Facility, submitted by Shenandoah Mobile, LLC, was considered. The Property is located at 871 Tasker Road, Stephens City, Virginia and is further identified with Property Identification Number 75B-A-1, in the Shawnee Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on March 1, 2017, and recommended denial of the Conditional Use Permit; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 12, 2017 and tabled the application for 30 days; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on May 24, 2017; 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; PDRes #14-17 1 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 #01-17 to enable construction of a 165 foot Monopole-Type Commercial Telecommunications Facility on the parcel identified by Property Identification Number 75B-A-1 with the following conditions: 1.All review agency comments and requirements shall be complied with at all times. 2.The tower shall be available for co-locating personal wireless services providers. 3.A minor site plan shall be approved by Frederick County. 4.The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5.All antennas will be flush mounted to the tower. 6.The tower will be painted brown. 7.The tower will not be lighted. 8.In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 9.Any expansion or modification of this use will require a new Conditional Use Permit. In addition, should the Board of Supervisors find the waiver to the required setback is acceptable, a motion to recommend approval of roperty would be appropriate. PDRes #14-17 2 Passed this 24th day of May, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Bill M. Ewing ____ Judith McCann-Slaughter ____ Gene E. Fisher ____ Blaine P. Dunn ____ Robert W. Wells ____ A COPY ATTEST ____________________________ Brenda G. Garton Frederick County Administrator PDRes #14-17 3 Conditional Use Permit 01-17–Bowman Library, Shenandoah Mobile, LLC Materials received from the Applicant and from citizens, at the public hearings and since thefiling of the application. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment Permitted and Conditional Uses in the RA (Rural Areas) Zoning District DATE: May 16, 2017 This is a proposed amendment to Chapter 165 Zoning Ordinance, to allow additional by-right and conditional uses in the RA (Rural Areas) District. This effort seeks to expand and clarify the opportunities available for small businesses and agritourism in the Rural Areas. In doing so, this effort is supportive of the goals and strategies expressed in the 2035 Comprehensive Plan Agribusiness Development. In addition, it is responsive to requests and inquiries by stakeholders from the Rural Areas, and included feedback from the Virginia Tech Cooperative Extension and the Winchester- Frederick County Convention & Visitors Bureau. Staff has drafted an amendment to the RA Zoning District to include additional permitted uses, including agritourism, commercial stables/equestrian facilities, cut-your-own tree farms and on-premises wayside stands accessory to a bona fide farm; and conditional uses including farm stays, special event facilities, commercial archery ranges, ice cream parlors, bakeries and craft/gift shops. Staff has also drafted supplementary use regulations that would apply to special event centers as well as new definitions. The DRRC discussed this item at their January and February 2017 meetings. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on March 15; the Board of Supervisors discussed this item on April 12; the Board of Supervisors voiced support of the proposed changes and sent the amendment forward for public hearing. The Planning Commission held a public hearing on the proposed amendment on May 3. No members of the public spoke on the proposed amendment. The Planning Commission also voiced support for the process to include additional uses being a benefit to rural property and business owners in the County. The Planning Commission voted 10-0-3 (Commissioners Marston, Molden and Manuel absent) to forward to the Board of Supervisors for approval. The attached document shows the existing ordinance with the proposed changes supported by the DRRC. This proposed amendment is being presented to the Board This item is presented for public hearing. of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution MTK/pd ATTACHMENT 1 Article I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02. Definitions and Word Usage. FARM STAY Any guest accommodation on a working farm. In addition to overni accommodations on site, guests may participate in rural activities including farmial husbandry, ranching, harvest-your-own-activities, natural activities and attractions. AGRITOURISM - Any activity carried out on a farm or ranch that allows members o public, for recreational, entertainment, or educational purposes including farming, wineries, ranching, historical, cultural, har-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. STABLE, COMMERCIAL - A building, group of buildings, or use of land, or any combinati where, for compensation, whether monetary or goods, provision is hire or instruction in riding. SPECIAL EVENT FACILITY - : A facility or site utilized for events that are typically conducted on a single day, but which may be conducted for up to three (3) conse permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS Part 204 Additional Regulations for Specific Uses § 165-204.15 Commercial shooting and archery ranges, outdoor. Outdoor shooting and archery ranges shall be allowed only with a conditional use permit. Wher outdoor shooting and archery ranges are allowed, zoning district separation buffers and scree Category C as described by this chapter, shall be provided in relation to surrounding properties containing residential uses. In no case shall a shooting range b1,000 feet of any residence located on surrounding parcels of land. In no case shall an archery range be located within 300 feet of any residence located on surrounding parcels of land. Application for a conditional use permit shall include plans for appropriate site layout and desig plans shall include berms and other protective features. All outdoor shooting and archery ranges shall be supervised at all times by qualified personnel. § 165-204.31. Special event facilities. Special events facilities where allowed in the RA (Rural Areas) requirements: A.An illustrative sketch plan in accordance with the requirements submitted with the Conditional Use Permit application. This plaidentify: access for the facility, the location of all parking areas, the location and sq be used, and the location of sewage disposal facilities. B.All structures associated with a special events facility shall rre a building permit. C.All parking spaces and travel aisles shall be graveled. The Bo through the Conditional Use Permit process that all travel aisle paved with a minimum double prime and seal or alternative dust free surface. D.Portable toilets shall be permitted for special event facilities from all adjoining properties and roads by topography, structure landscaping. E.Special events facilities that share a private access easement with another property owner must show the easement allows a use of this type or written perm the sharing parties. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 RA Rural Areas District § 165-401.01 Purpose and intent. A. The purpose of the rural area regulations is to preserve large, views, sensitive environmental areas and prime agricultural and regulations provide for a variation in lot size, at a density not to exceed one unit per five acres. The varying lot size is permitted in order to facilitate designs tha and preserve some larger tracts of undeveloped land in order to County, as well as provide a choice to home buyers. B. The regulations are intended to reduce environmental impacts, su development which is sensitive to the existing features of the natural terrain and amount of clearing needed for roads. Diversity and originality i to achieve the best possible relationship between the developmenand. Individual lots and streets should be designed to minimize alteration of the natural surrounding properties and protect the views from surrounding ar flexibility in the subdivision design, while at the same time requiring that environmental co addressed, a more attractive, environmentally sound and economic result. § 165-401.02 Permitted uses. Structures and land shall be used for one of the following uses: A.Agriculture, farming, dairies, animal husbandry, and forestry. B. Orchards, horticulture and the production of nursery stock and p C. Single-family dwellings. D. Mobile homes. E. Schools (without residential component). F. Public parks and playgrounds. G. Churches. H. Home occupations (as defined). I. Natural conservation areas. J. Winchester Airport. K. Group homes. L. Fire stations, companies and rescue squads. M. Frederick County sanitary landfill. N. Commercial and institutional cemeteries with or without funeral complexes. O. Post offices. P. Radio and television towers and their accessory buildings. Q. Public utility generating, booster or relay stations, transforme towers, pipes, meters and other facilities, railroad facilities ties and lines owned by public utilities, railroad companies or public agencies R. Required off-street parking. S. Oil and natural gas exploration, provided that the following req (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requireme Code. (3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Board of Supervisors. (4) In order to begin extraction of the resource, a rezoning to the Zoning District will be required. T. Museums, parks or historic sites used for educational or histori U. Business signs. V. Signs allowed in § 165-201.06B. W. Accessory uses. X. Poultry farms and hatcheries and egg production. Y. Fish hatcheries and fish production. Z. Hog farming. It shall be unlawful for any person to have or main County, any hog pen that is located closer than 200 feet to a re used for human habitation. AA. Government services office. BB. Residential subdivision identification signs. CC. Farm Wineries. DD. Temporary family health care structure. EE. Farm breweries. FF. Farm distilleries. GG. Agritourism. HH. Commercial stables, equestrian facilities and commercial riding facilities. II. Cut-your-own Christmas tree and evergreen tree. JJ. On-premise wayside stand, roadside stand, or wayside market, access farm. § 165-401.03 Conditional uses. The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use: A. Bed and Breakfasts, Farm Stay B. Country clubs, with or without banquet facilities. C. Manufacture or sale of feed and other farm supplies and equipmen D. Fruit packing plants. E. Off-premise farm markets. F. Off-premises wayside stands. G. Country general stores. H. Service stations. I. Antique shops. J. Restaurants. K. Kennels. L. Petting farms. M. Television or radio stations. N. Motels. O. Auction houses. P. Campgrounds, tourist camps, recreation areas and resorts. Q. Commercial outdoor recreation, athletic or park facilities. R. Nationally chartered fraternal lodges or civic clubs, social S. Sawmills and planing mills, Type B. T. Ambulance services. U. Retailing or wholesaling of nursery stock and related product V. Landscape contracting businesses. W. Public garages without body repair, provided that the followi (1) All repair work shall take place entirely within an enclosed str (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least six feet in hei adequately maintained. X. Public garages with body repair, provided that the following (1) All repair work shall take place entirely within an enclosed str (2) All exterior storage of parts and equipment shall be screened fr properties by an opaque fence or screen at least six feet in hei adequately maintained. Y. Sand, shale and clay mining, provided that the following conditi (1) All mining shall be above the mean, existing grade level of a pa (2) All mining operations shall meet all applicable requirements of agencies. (3) Such mining operations shall meet the landscaping and screening regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Z. Cottage occupations (as defined). AA. Cottage occupation signs. BB. Veterinary office, clinic or hospital, including livestock services. CC. Day-care facilities. DD. Humanitarian aid organizational office. EE. Schools (with residential component). FF. Fruit and vegetable stands (SIC 5431). GG. Blacksmith shops (SIC 7699). HH. Farriers (SIC 7699). II. Horseshoeing (SIC 7699). JJ. Taxidermists (SIC 7699). KK. Welding Repair (SIC 7692). LL. Flea Markets, Operated Indoors or Outdoors. MM. Treatment Home. NN. Special event facility. OO. Commercial shooting and archery ranges (indoor or outdoor). PP. Ice cream parlor or bakery. QQ. Craft and gift shops. ORDINANCE AMENDMENT Action: PLANNING COMMISSION: May 3, 2017 Recommended Approval BOARD OF SUPERVISORS: May 24, 2017 APPROVED DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS §165-101.02. DEFINITIONS AND WORD USAGE ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.15 COMMERCIAL SHOOTING AND ARCHERY RANGES, OUTDOOR. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT §165-401.01 PURPOSE AND INTENT §165-401.02 PERMITTED USES §165-401.03 CONDITIONAL USES WHEREAS, an ordinance to amend Chapter 165, Zoning to allow additional by-right and conditional uses in the RA (Rural Areas) District was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on May 3, 2017; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on May 24, 2017; and PDRes #10-17 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 I, General Supervisors that Provisions; Amendments; and Conditional Use Permits, Part 101 General Provisions, §165-101.02 Definitions and Word Usage; Article II Supplementary Use Regulations for Specific Uses, Part 204 Additional Regulations For Specific Uses, §165-204.15 Commercial Shooting and Archery Ranges, Outdoor; and Article IV, Agricultural and Residential Districts, Part 401 RA Rural Areas District, §165-401.01 Purpose and Intent, §165-401.02 Permitted Uses, §165-401.03 Conditional Uses to amend Chapter 165, Zoning, to allow additional by-right and conditional uses in the RA (Rural Areas) District. Passed this 24th day of May, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Bill M. Ewing ____ Judith McCann-Slaughter ____ Gene E. Fisher ____ Blaine P. Dunn ____ Robert W. Wells ____ A COPY ATTEST ______________________________ Brenda G. Garton Frederick County Administrator PDRes #10-17 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment Front Setbacks for Accessory Uses on Private Right-of- Ways (ROW) DATE: May 16, 2017 This is a proposed amendment to Chapter 165 Zoning Ordinance, to reduce the required front setback off of private right-of-ways in the RA (Rural Areas) District for accessory structures. Currently, the setback off of a right-of-way in the RA District is 60 feet for both public and private roadways. Staff has drafted a revision to the Zoning Ordinance to reduce the required front setback for accessory uses and structures where adjacent to private right-of-ways from 60- feet to 45-feet. The DRRC discussed this item at their January 2017 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on March 15; the Board of Supervisors discussed this item on April 12; the Board of Supervisors voiced support of the proposed changes and sent the amendment forward for public hearing. The Planning Commission held a public hearing on the proposed amendment on May 3. No members of the public spoke on the proposed amendment. Staff noted for the Planning Commission the request was initiated by the Chair of the DRRC and the proposed amendment would provide setback relief for property owners in the Rural Areas District who are on private rights-of-way. The Planning Commission voted 10-0-3 (Commissioners Marston, Molden and Manuel absent) to forward to the Board of Supervisors for approval. The attached document shows the existing ordinance with the proposed changes supported by the This proposed amendment is being DRRC. This item is presented for public hearing. presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution MTK/pd ATTACHMENT 1 Article IV. Agricultural and Residential Districts Part 401. RA Rural Areas District § 165-401.07 Setback requirements. The following setback requirements shall apply to all parcels wi A.Setbacks for all lots other than rural preservation lots shall be as set out (1)Front Setbacks. The front setback for any principle © --;©ä use or structure shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2)Side or rear setbacks. The minimum side or rear setback for any shall be determined by the primary use of the adjoining parcel a: Adjoining Parcel Size Setback (Side and Rear) (feet) 6 acres or less 50 More than 6 acres 100 Agricultural and Forestal District, 6 acres or 50 less Agricultural and Forestal District, more than 200 6 acres Orchard (regardless of parcel size) 200 B.Rural Preservation Lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side an preservation lot lines which adjoin any parcel other than anothe determined by § 165-401.07A(2) of this chapter. (1)Front setback. The front setback for any principal © --;©ä use or structure shall be 60 feet from the right-of-way of any existing state-maintained road and 45 feet from the right- of-way of any existing private ingress/egress easement or state-maintained road constructed to serve the subdivision. (2)Side setback. No principal use or structure shall be located clo side lot line. (3)Rear setback. No principal use or structure shall be located clo rear lot line. C. w;;©Ý;7 Accessory uses. The minimum setback for any accessory use or structure shall be -©; · © ä z7; © ©;© ¦©¦;©·ä z; E ©Ò© ¦©;;©Ý·z ·u EÞ: E;;· E© ·w; ;7m; E ©zmw·EÞä E ä ¦Ò,z- ·©;;· © ©7Þä Þ;7 7 z·z;7 ,ä 5hu E;;· E© ·w; ;7m; E ©zmw·EÞä E ä ¦©zÝ·; ©zmw·EÞä © zm©;;m©; ;;;·u E© ä z7; © ©;© ¦©¦;©·ä z;u D. One non-habitable accessory structure that meets the minimum setbacks fo use may be located on a lot prior to the construction of a princ This accessory structure shall not be permitted to contain any residential uses the construction of the primary structure on the lot and shall be a maximum of 650 squar ORDINANCE AMENDMENT Action: PLANNING COMMISSION: May 3, 2017 Recommended Approval BOARD OF SUPERVISORS: May 24, 2017 APPROVED DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT §165-401.07 SETBACK REQUIREMENTS WHEREAS, an ordinance to amend Chapter 165, Zoning to reduce the required front setback off of a private right-of-way in the RA (Rural Areas) District for accessory structures from 60 feet to 45 feet was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on May 3, 2017; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on May 24, 2017; 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, §165-401.07 Setback Requirements; to amend Chapter 165, Zoning, to reduce the required front setback off of a private right-of-way in the RA (Rural Areas) District for the accessory structures from 60 feet to 45 feet. PDRes #09-17 Passed this 24th day of May, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Bill M. Ewing ____ Judith McCann-Slaughter ____ Gene E. Fisher ____ Blaine P. Dunn ____ Robert W. Wells ____ A COPY ATTEST ______________________________ Brenda G. Garton Frederick County Administrator PDRes #09-17