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May 24 2017 Closed Session and Regular Meeting Minutes399 A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, May 24, 2017, beginning at 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia, PRESENT Chairman Charles S. DeHaven, Jr.; Vice -Chairman Gene E. Fisher; Blaine P. Dunn; Bill M. Ewing; Gary A. Lofton; Judith McCann -Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board of Supervisors convened in closed session pursuant to Section 2.2-3711 A (3) of the Code of Vir inia, 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. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board of Supervisors came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board certified that to the best of each Board Member's knowledge only discussion or consideration concerning 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 Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 400 bargaining position or negotiating strategy of the Board, pursuant to Section 2.2-3711 the Code of Virginia, 1950, as amended, was discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Chairman DeHaven announced the Board would recess until its /:UU Y.M. regular meeting. REGULAR MEETING - CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Vice Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA —APPROVED AS AMENDED County Administrator Brenda Garton stated there were no changes to the agenda. Upon a motion made by Supervisor Lofton, seconded by Supervisor Dunn, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: Minutes — Regular Meeting of April 12, 2017 - Tab A; - Information Technology Committee Report - Tab C; - Parks and Recreation Commission Report — Tab D. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia y 401 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS Chris Fordney, resident of Red Bud District and member of the Parks and Recreation Commission, appeared before the Board with reference to the request for design and installation of parking and a trail at Frederick Heights Park. He stated the estimated cost in proffer funds is $197,000 and asked the Board to approve the request. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA The minutes of the Regular Meeting of April 12, 2017 were approved under the consent agenda. COUNTY OFFICIALS PRESENTION OF RESOLUTION OF APPRECIATION FOR CHIEF HENRY SHILEY, MIDDLETOWN VOLUNTEER FIRE AND RESCUE COMPANY Chairman DeHaven and Vice Chairman Fisher presented the Resolution of Appreciation to Chief Henry Shiley of the Middletown Volunteer Fire and Rescue Company. Mr. Shiley was present to accept the resolution. SUSAN J. BRINKMEIER APPOINTED TO THE FREDERICK COUNTY SOCIAL SERVICES BOARD AS MEMBER -AT -LARGE REPRESENTATIVE - APPROVED Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, Susan J. Brinkmeier was appointed to the Frederick County Social Services Board as a Member - At -Large representative, for a four year term, said term to expire May 24, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye MEMBERS OF THE FREDERICK COUNTY DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REAPPOINTED - APPROVED Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 402 1 Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the following members were reappointed to the Frederick County Development Impact Model Oversight Committee, for a one year tern, said term to commence June 28, 2017 and expire June 28, 2018: Kris C. Tierney, County Administration Gary A. Lofton, Board of Supervisors and EDA Representative Bill M. Ewing, Board of Supervisors Representative H. Paige Manuel, Planning Commission Representative Roger L. Thomas, Planning Commission Representative Seth Thatcher, School Board Representative Stephen Pettier, Top of Virginia Building Association J. P. Carr, Top of Virginia Building Association The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye INFORMATION TECHNOLOGY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A Technology Committee meeting was held in the First Floor Conference Room at 107 N Kent Street on Wednesday, May 10, 2017 at 8:15 a.m. Members present were Gary Lofton, Technology Chairman; Judith McCann -Slaughter, Technology Committee member; Bill Ewing, Technology Committee Member; and Quaiser Absar, Citizen Member. Absent were Todd Robertson, Citizen Member and Lorin Sutton, Citizen Member. Information Only 1. The Information Technology Department requests use of PEG funds in the amount of $56,000 to replace the projector and screen, add flat panel screens to the side walls in the back of the meeting room, allow for wireless presentation from any device to include Chromebooks, and replace microphone system. PEG funds are limited to local television broadcasting technology procurement. The Technology Committee voted to forward the request to the Finance Committee. See attached, p. 3 2. The Information Technology Department requests removing standard office supplies; mouse, keyboard, speakers from the IT Procurement Policy. The Technology Committee voted to approve the change. See attached, p. 5. 3. The IT Director provides a copy of the Memo to the Finance Committee that will request to transfer funds from personnel budget to operating budget. See attached, p. 12. 4. The IT Director introduces Keith Ryker, Network Administrator. 5. The IT Director provides an overview of. Active Directory Review and Migration, Current Projects, Network Switch Support, Proxy Server Replacement, and Help Desk Ticket System Replacement. PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 403 CONSENT AGENDA The Parks and Recreation Commission met on May 4, 2017. Members present were: Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Gass Morrison, Charles Sandy, Jr., and Robert Wells (Board of Supervisors' Non -Voting Liaison). Members absent: Randy Carter, Christopher Fordney and Amy Strosnider. Items Requiring Board of Supervisors Action: None Submitted for Board Information Only: 1. Building and Grounds Committee - Rose Hill Restroom - The Building and Grounds Committee recommended approval of keeping the Rose Hill Restroom open through the winter months and staff to pursue the most cost effective way to achieve this project, second by Mr. Sandy, motion carried unanimously (5-0). 2. Building and Grounds Committee - Abrams Creek Trail - The Building and Grounds Committee recommended seeking a request from the Board of Supervisors through the Finance Committee to the City of Winchester for a Resolution of Support for the Abrams Creek Trail, second by Mr. Sandy, motion carried unanimously (5-0). Request will be forwarded to the Finance Committee for review at their next meeting. 3. Building and Grounds Committee — 12th Elementary Design Reduction - Mr. Madagan moved to request the Board of Supervisors to consider including funds for bleachers and a community activity room in the proposed Snowden Bridge Elementary School for recreation use, second by Mr. Sandy, motion carried unanimously (5-0). Parks and Recreation staff is meeting with Frederick County Public School staff to determine an estimated cost to be considered. 4. Athletic Field Use Policy Update - Mr. Sandy moved to adopt the Athletic Field Use Policy (500.01), second by Mr. Madagan motion carried unanimously (5-0). The Athletic Field Use Policy is attached. HUMAN RESOURCES COMMITTEE REPORT - APPROVED Supervisor Ewing presented the Human Resources Committee Report. The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:00 a.m. on Friday, May 12, 2017. HR Committee members present were: Supervisors Bill Ewing, Chairman; and Blaine Dunn; Citizen Members Don Butler, Beth Lewin and Dorrie Greene. Others present were: Brenda Garton, County Administrator; Delois Blevins, HR Manager; and Delsie Jobe, Administrative Services Manager for the Department of Social Services, Sheriff Lenny Millholland; Rod Williams, County Attorney; Kris Tierney, Deputy County Administrator for Community Development; Sharon Kibler, Assistant Finance Director; Jennifer Place, Risk Manager/Budget Analyst; and Superintendent of Northwestern Regional Adult Detention Center, Mr. James Whitley. ***Items Requiring Board Action*** 1. HR Policy Revision; VIII. Work Hours, Holidays, Leave, Section 8.3, Paid Time Off - Approved The Committee reviewed the attached policy revision regarding employees who transfer to and from the Department of Social Services. Upon a motion by Don Butler, seconded by Beth Lewin, the Committee recommended approval of the policy revision; the motion was approved unanimously. Upon a motion made by Supervisor Ewing, seconded by Supervisor Wells, the above request was approved to revise the HR policy. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 404 The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2. Resolution of Appreciation - Approved After discussion, Don Butler made a motion to include in Frederick County's administrative procedures, a process by which any full-time employee who retires from Frederick County with at least 25 years of continuous service be recognized by the Board of Supervisors and presented with a Resolution of Appreciation with a retroactive date of January 1, 2017, Beth Lewin seconded the motion; the Committee recommended approval; the motion was approved unanimously. Upon a motion made by Supervisor Ewing, seconded by Supervisor Slaughter, the above request was approved to amend the HR administrative procedures. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye ***Items Not Requiring Action*** 1. HR Policy Revision; XV. Ethics, Section 15.4, Nepotism The Committee reviewed the attached policy and how it is currently being interpreted. The discussion revolved around how the current policy relates to the State and Local Government Conflict of Interests Act. The Committee agreed that the standards of conduct for all employees be uniform and more research needs to be done by the County Attorney, County Administrator and Director of Human Resources to ensure compliance with the act and establishment of best practices appropriate for Frederick County. There being no further business, the meeting was adjourned. The next I-iR Committee meeting is scheduled for Friday, June 9, 2017 at 8:00 a.m. FINANCE COMMITTEE REPORT - APPROVED Supervisor Slaughter presented the Finance Committee Report. A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 17, 2017 at 8:00 a.m. All members were present. Items 1, 3 and 10 were approved under consent agenda. Upon -a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, Items 1, 3 and 10 were approved under the consent agenda. The above motion was approved by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 405 Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 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. - Approved Under Consent Agenda 2. The Department of Social Services requests an FY18 General Fund supplemental appropriation in the amount of $148,624. This amount represents fund for two full-time Family Services Specialists. No additional local funds required. The addition of the positions has been approved by the HR Committee and the BOS. See attached information, p. 6 — 9. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $5,602,86. This amount represents reimbursements from the Treasury Department. No local funds required. See attached memos, p. 10 — 11. - Approved Under Consent Agenda 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 local funds required. See attached memo, p. 12 — 13. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 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. The committee recommends approval. See attached memo, p. 14. - Approved Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05(24t17 County of Frederick, Virginia i 406 V Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 6. The NRADC Superintendent requests a NRADC Fund supplemental appropriation in the amount of $450,000. This amount represents funds for unanticipated inmate medical expenses and has been approved by the Jail Authority. The committee recommends approval. See attached memo, p. 15. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 7. The VJCCCA Director requests a General Fund budget transfer in the amount of $25,000. This amount represents unspent salaries to be used for client services. No additional local funds required. Transfer Policy requires BOS approval for transfers out of salary line items. See attached memo, p. 16. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 8. The Parks & Recreation Director requests an FY18 General Fund supplemental appropriation in the amount of $197,000. This amount represents proffer funds to be used for the design and installation of parking and a trail at Frederick Heights Park. No additional local funds required. Requested additional information is attached, p. 17 — 18. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 9. The Parks & Recreation Director requests discussion on an Abrams Creek Trail Resolution of Support. See attached information, p. 19 — 24. The committee recommends approval. - Approved Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 407 Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 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 funds required. See attached memo, p. 25 — 26. - Approved Under Consent Agenda 11. The IT Director requests a General Fund budget transfer in the amount of $40,000. This amount 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. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 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 presentation equipment in the BOS meeting room. No additional local funds required. This item was forwarded from the BOS IT Committee. See attached, p. 32 — 33. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Blaine P. Dunn Bill M. Ewing Gene E. Fisher Gary A. Lofton Judith McCann -Slaughter Robert W. Wells Aye Aye Aye Aye Aye Aye Aye Information Only 1. The Finance Director provides a Fund 10 Transfer Report for April 2017. See attached, p. 34. 2. The Finance Director provides an FY 2016 Fund Balance Report ending May 11, 2017. See attached, p. 35. 3. The Finance Director provides financial statements for the month ending April 30, 2017. See attached, p. 36 — 46. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 408 4. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement for Outstanding Achievement in Popular Annual Financial Reporting for the June 30, 2016 Popular Annual Financial Report (PAFR). This is the llth consecutive year that Frederick County has received this achievement. See attached, p. 47 — 48. 5. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2016 Comprehensive Annual Financial Report (CAFR). This is the 31 st consecutive year that Frederick County has received this achievement. See attached, p. 49. 6. The current Proffer Policy is provided. See attached, p. 50. Supervisor Slaughter recognized and commended the Finance Department staff for their achievement in being awarded for Outstanding Achievement in Popular Annual Financial Reporting (PAFR) for the June 30, 2016 report. She stated this was the 1 lth consecutive year that Frederick County has received this award. She stated the County also received the award for Excellence in Financial Reporting for the June 30, 2016 Comprehensive Annual Financial Report (CAFR). This was the 31 st consecutive year the department has received this award. PLANNING COMMISSION BUISINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #01-17 FOR BOWMAN LIBRARY_ (SHENANDOAH MOBILE LLCI WIRELESS COMMERCIAL TELECOMMUNICATION FACILITY -SUBMITTED TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS FACILITY 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 75B-A-1 IN THE SHAWNEE MAGISTERIAL DISTRICT. (CONTINUED PUBLIC HEARING FROM APRIL 12, 2017 BOARD OF SUPERVISORS MEETING.) - (RESOLUTION 4078-17) - DENIED Zoning Administrator Mark Cheran appeared before the Board and presented this conditional use permit request. He stated this request was for a conditional use permit to enable the construction of a 165-foot monopole -type commercial telecommunications facility. He stated that in addition the applicant requested a setback waiver. Should the Board of Supervisors find the waiver to the required setback acceptable; a motion to recommend approval of setback reduction of 43' to allow the tower to be 127' from the identified property line would be appropriate. He further stated this request was presented at a public hearing of the i Board of Supervisors on April 12, 2017 and was postponed for thirty days with the public hearing to be continued. He went on to say should the Board of Supervisors find the use to be appropriate, staff would recommend approval with conditions. He further stated the applicant was present to answer any questions the Board may have. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05124117 County of Frederick, Virginia 409 Ed Donohue, legal counsel representing Shentel, addressed the Board and gave the background on this request. He stated Shentel customers presented. a petition with over 350 names in support of this request. He stated they looked at various sites and the only viable site was the Bowman Library. He further stated there are more than 2,100 Sprint customers in this area. He stated service is deficient in this area and calls are being dropped. He stated there is a gap in coverage in this area and Shentel was attempting to cover that gap. He noted Shentel had met with Dr. Silvester and that Supervisors Fisher and Wells were in attendance. He stated they had a good discussion but the parties are not in agreement as Shentel needs to address the coverage problem. He stated they felt they were able to reduce the size of the compound to a 40'x 40' and will proffer $25,000 for site improvements at the library. He stated he provided copies of the NEPA report at the April meeting, as well as a shorter summary. He stated their proposal was in full compliance with Federal law. He stated they do have an issue with visability. He stated the tower needs to be up in the air to be able to transmit its signal to the I customers. He stated they reduced the height of the tower and felt the color of the paint and the fact the tower does not need to be lighted would help. Vice Chairman Fisher asked about the petition and if they were all Shawnee District residents. Lynn Koerner, Site Acquisition and Project Development Contractor for Shentel, addressed the Board and stated they could distinguish 103 names and addresses. He stated Shentel could determine the petition signatures covered to the South of Stephens City near the funeral parlor over to the tower at Sherando and near the water tank and Route 11. Chairman DeHaven convened the public hearing. Dr. Silvester, Shawnee District, addressed the Board and thanked Vice Chairman Fisher and Supervisor Wells for attending the meetings to discuss this request and he thanked Supervisor Slaughter for attending the planning meeting. He stated they have a petition of 422 signatures with 75% being Shawnee District, Stephens City based. The majority are in the Lakeside area. He stated that he, Harrington Smith, Ken Stiles and Ken Frey had fought hard to keep this tract of land from commercial development. He stated he is not in agreement with for profit enterprises on public land; it would set a precedent. He stated he felt the parks are sacred grounds and requested the Board to please vote no on this application. He further stated the US Fisheries recommend, but did not require, that a cell tower should not be built near a lake. He Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 410 stated the lake is an eco-system and needs to be protected. He thanked the Board for listening to him and would accept whatever decision they make. Karl Jones, resident of Stephens City and manager of the Sprint store in Winchester, addressed the Board and stated they have multiple customers that have asked for more service in this area. She asked what would happen when Stephens City grows; people cannot call out to 911. She asked the Board to consider approving this request. Treasa Vogel, Shawnee District, addressed the Board and implored them to deny this request. She stated that some citizens have said it is an issue of better service but that she has not had any trouble with coverage. Jonathan Silvester, Shawnee District, addressed the Board in opposition to this request. He stated they have a petition with over 400 signatures opposing this application. He stated the Board could deny it based on aesthetics alone. He stated this tower does not belong between a library and a lake. He concluded by saying the Planning Commission recommended denial of this request. Marta Garcia, Opequon District, addressed the Board and stated she would like to have the tower in Stephens City and was in favor of this request. Chris Olson, Back Creek District, addressed the Board and stated he planned to move to Stephens City and would like to see service improved in this area. Nicholas Silvester, Shawnee District, addressed the Board and stated he was opposed to this request. Shawn Garner, Shawnee District, addressed the Board and stated he was in favor of this request. He stated he lived on Belle Haven Drive and that it was difficult to make a call from his house and he did not have a land line. Tim and Darlene Davis, Shawnee District, addressed the Board and stated they would be in direct view of the tower; they would be less than 250' away and currently have a full view of the lake. They stated this would affect their property value and the aesthetics of this would affect them the rest of their lives. They stated they do not have a landline and they have no problem with cell service. They asked the Board to deny this request. Danielle Good, Shawnee District, addressed the Board and stated she was in favor of the tower and that it would benefit the citizens in her complex. Mike Roma and Maddie Roma (daughter), Shawnee District, addressed the Board and Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 411 stated they are opposed to this request. They stated this was a community area and that this proposed location was more than just a piece of land. Mya White Sparks, Shawnee District, addressed the Board and stated here opposition to this request. She stated she felt the Board of Supervisors would be justified to say no; they have to draw the line somewhere. She stated the Planning Commission recommended denial. Debra Silvester, Shawnee District, addressed the Board and stated she was opposed to this request. She stated the view of the trees and lake were part of the reasons why she moved to this area. Ken Burks, Shawnee District, addressed the Board and stated he was opposed to this request. He stated this would ruin the Lakeside area. Jason Wisemer, Shawnee District, addressed the Board and stated he was in favor of this request. He stated for him it was a communication safety issue. He stated he did not have a landline and that his son had tried to reach him and could not. He stated service is needed. Ruth Jimenez, Shawnee District, addressed the Board and stated she was opposed to this request. She stated communication is a priority as she is deaf. She stated her children are home schooled and use the library and she did not want to see a tower there. She further stated she felt it would create health issues and asked the Board to vote no. Dana Harmon Keith, Shawnee District, addressed the Board and stated she was opposed to this request. She stated she uses the phone and data all of the time; Facebook, etc. due to being deaf and that video communication is vital. She stated she has Verizon and does not have any problem. Dody Stottlemyer, Shawnee District, addressed the Board and stated she was opposed to this request. She stated she does not want the tower in view and asked the Board to deny this request. Ken Frey, Shawnee District, addressed the Board and stated he was opposed to this request. He stated he could not believe the Board was considering placing a tower, a piece of commercial equipment, by a library in a residential area. He stated he was concerned about radiation affecting people at the library and getting into the lake and water and stated there was nothing to filter out radiation. Patsy Gochenour, Red Bud District, addressed the Board and stated she was opposed to this request. She stated in her opinion, based on involvement for fifty years, and involvement in Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 412 education, communication is being lost to hand held devices. She stated education increases joy of living and learning and asked the Board to vote no. Leo Smith, Shawnee District, addressed the Board and stated he was opposed to this request. He stated he felt Shentel had made it look like this area was the only option and he felt there were other commercial sites available and money was a factor. Mike Stottlemyer, Shawnee District, addressed the Board and stated he was opposed to this request. He stated he serves on the Board of Directors of the Lakeside Homeowners Association and asked who would be responsible for fixing the fencing if it gets torn up. There were no further public comments. Chairman DeHaven closed the public hearing. Ed Donohue addressed the Board and stated, with reference to the emissions, that was not in the Board's purview and could not be considered during deliberations and that Shentel was in Federal compliance. He stated they looked exhaustively at alternate sites and the need for service is there and the need would continue to be there. He stated they can make improvements to the landscaping and have proposed what they could to lessen the visibility of the tower. Vice Chairman Fisher stated he appreciated the civility from everyone involved during all the meetings and during this process. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Wells, conditional use permit #01-17 for Shenandoah Mobile LLC, and setback waiver request, for a wireless commercial telecommunication facility located at the Bowman Library, 871 Tasker Road, identified with property identification number 75B-A-1, in the Shawnee Magisterial District, was denied. Resolution Denying Conditional Use Permit Application Number 01-17 of Shenandoah Mobile, LLC for a Telecommunications Tower Facility, and the Request of Shenandoah Mobile, LLLC, for a Setback Waiver on Property Located at 871 Tasker Road, Tax Parcel Number 7513-A-1, in the Shawnee Magisterial District WHEREAS, on February 3, 2017, Shenandoah Mobile, LLC submitted Conditional Use Permit Application Number 01-17 ("the Application"), requesting approval of a Conditional Use Permit (CUP), pursuant to Frederick County Code § 165-204.19, for a telecommunications tower facility, on property located at 871 Tasker Road, Tax Parcel Number 75B-A-1 (Property), in the Shawnee Magisterial District; and WHEREAS, the Frederick County Planning Commission conducted a public hearing on the Application on March 1, 2017; and WHEREAS, the Frederick County Planning Commission recommended denial of the Application on March 1, 2017, on a 9-1 vote; and Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 413 WHEREAS, the Board of Supervisors conducted a public hearing on the Application on April 12, 2017, continued to May 24, 2017; and WHEREAS, the Property and the properties adjacent to the Property are in the Residential Performance (RP) Zoning District and, with the exception of the Bowman Library facility itself, which serves as a local cultural center for the community, the Property and the properties adjacent to the Property are used for predominantly residential purposes or are vacant; and WHEREAS, the Board of Supervisors finds the requested use of the Property for a telecommunications tower facility is not in conformance with the Comprehensive Plan, for the following reasons: • With respect to the County's residential areas, the Plan encourages the inclusion of open space amenities, active, passive, and natural, located in close proximity to all dwellings, with an emphasis on the provision of usable open space for resident use and enjoyment; and • The Property and the surrounding area are located within the area encompassed by the Southern Frederick Area Plan component of the Comprehensive Plan and the Southern Frederick Area Plan shows the Property as being planned for residential uses; and • The Southern Frederick Area Plan also identifies recreational uses on and in the immediate vicinity of the Property, including along Lakeside Drive and around the lake located behind the Bowman Library; and • The simulations presented by the Applicant of the proposed telecommunications tower facility reveal that the proposed site provides little, if any, screening for the proposed telecommunications tower facility, thereby leaving unobstructed and unsightly views of that facility from several different vantage points; and • The Comprehensive Plan identifies the area in which the Property is located to remain residential in character; and • The Applicant's statement regarding conformance with the Comprehensive Plan is particularly weak and unconvincing, as the Applicant acknowledges that telecommunications facilities are not specifically addressed in the Comprehensive Plan, but asserts that it "feels that this proposed facility is in accordance with the design principals (sic) of the Urban Area," none of which are identified by the Applicant. The Applicant goes on to assert, in essence, that the proposed facility is in conformance with the Plan simply because many residents live in the area of the proposed facility and that "future growth is anticipated". The Board does not agree with the Applicant's vague rationale, which is intended to, but does not support its attempt to conclude that the proposed facility is in conformance with the Comprehensive Plan; and The Frederick County Planning Commission has not approved the proposed telecommunications tower facility under the provisions of Va. Code § 15.2-2232(A); and • The Comprehensive Plan does not support the establishment of a 165-foot-tall telecommunications tower on the Property; and WHEREAS, although. commercial telecommunications facilities are permitted by conditional use permit in the RP District, such permission is expressly conditioned by § 165-204.14 of the Frederick County Zoning Ordinance on the proviso that, pursuant to § 15.2-2232(A) of the Virginia Code, the general location or approximate location, character, and extent of such facilities must be substantially in accord with the adopted Comprehensive Plan or part thereof and the Board finds that the Applicant has failed to establish. compliance with the foregoing provisions and the Board further finds that the general location or approximate location, Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia i 414 character, and extent of the telecommunications tower facility proposed in the Application is not substantially in accord with the adopted Comprehensive Plan or part thereof; and WHEREAS, although commercial telecommunications tower facilities may be permitted with the approval of a conditional use permit in the RP District, such permission is also expressly conditioned by § 165-204.19 of the Frederick County Zoning Ordinance, which provides that, adjoining properties, surrounding residential properties, and scenic areas cannot be negatively impacted by the proposed facility, and the Board finds that adjoining properties, surrounding residential properties, and scenic areas would be negatively impacted by the proposed telecommunications tower facility based on the height of the proposed tower facility and the lack of adequate screening; and WHEREAS, the Bowman Library serves as a local cultural center for the community and the requested use would be inconsistent with that function; and WHEREAS, the height of the proposed telecommunications tower, 165 feet, is significantly greater than every structure in the immediate vicinity and, therefore, the proposed telecommunications tower facility is incompatible with and out of scale with the height all of the existing structures in the immediate vicinity of the proposed tower; and WHEREAS, the telecommunications tower facility requested by the Applicant is proposed to set back 127 feet from the property line, while said facility is required by the applicable provisions of the Frederick County Zoning Ordinance to set back at least 170 feet from the northern property line; and WHEREAS, the Applicant has requested a waiver of 43 feet from the setback requirement to allow it to reduce the required setback from 170 feet to 127 feet from the northern property line; and WHEREAS, while the Board may approve a setback waiver such as the waiver requested by the Applicant from the northern property line, it is under no obligation to approve any such waiver; and WHEREAS, under the circumstances presented in the Application regarding the proposed establishment of a 165-foot-tall telecommunications tower facility on the Bowman Library site in a predominantly residential area, with little, if any, screening of that proposed facility, the Board should deny the foregoing setback waiver requested by the Applicant; and WHEREAS, based on the Applicant's failure to secure approval of the foregoing setback waiver, the Application would not comply with the requirements of the Frederick County Zoning Ordinance; and WHEREAS, the Property is located in an environmentally significant area, containing scenic landscape, scenic features, and habitat for various wildlife, and the requested use would be incompatible with and would negatively impact the area by detracting from the general viewshed of the area, especially in view of the height of the proposed facility and the lack of adequate screening of that facility; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors does hereby deny the Applicant's setback waiver request for the proposed telecommunications tower facility; and BE IT FURTHER RESOLVED that, based on the foregoing grounds, the Frederick County Board of Supervisors does hereby deny the Application, pursuant to Frederick County Code §165-204.19, for a 165-foot-tall telecommunications tower facility, on property located at 871 Tasker Road, Tax Parcel Number 75B-A-1, in the Shawnee Magisterial District. Supervisor Wells stated he was involved in this process from the beginning and in the meetings and that he had been willing to listen to the citizens of Frederick County who lived in this area who wanted the tower. He stated he had received many calls opposing this request but Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 415 other than tonight's speakers, no calls had been received in support of this request. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - 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, 5165-204.15 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, 4165-401.02 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 DISTRICT. — (RESOLUTION #079-17) - APPROVED Planner Tyler Klein appeared before the Board and presented this proposed amendment. He stated this was a proposed amendment to Chapter 165, Zoning Ordinance, to allow additional by -right and conditional uses in the RA (Rural Areas) District. He stated this effort seeks to expand and clarify the opportunities available for small businesses and agritourism in the Rural Areas. He further stated in doing so, this effort was supportive of the goals and strategies expressed in the 2035 Comprehensive Plan for the County's Rural Areas and for Agribusiness Development. He went on to say that in addition, it was 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. He stated staff drafted an amendment to the RA Zoning District to include additional permitted uses, including agritourism, commercial stables/equestrian facilities, cut- your -oven 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. He further stated staff also drafted supplementary use regulations that would apply to special event centers as well as new definitions. Mr. Klein further stated the DRRC discussed this item at their January and February 2017 meetings and agreed with the proposed changes and the item was forwarded to the Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 416 Planning Commission for discussion. He stated the Planning Commission discussed this item on March 15; the Board of Supervisors discussed this item on April 12 and 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 and also voiced support for the process to include additional uses being of benefit to rural property and business owners in the County. He concluded by stating a decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment was requested. Vice Chairman Fisher asked if the equine facilities would need a conditional use permit. Mr. Klein replied no. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Lofton, seconded by Supervisor Wells, the ordinance amendment was approved as presented. 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 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 Supervisors that Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05(24l17 County of Frederick, Virginia 417 Chapter 165, Zoning, is amended to modify Article I, General Provisions; Amendments; and Conditional Use Permits, Part 101 — General Provisions, §165-101.02 Definitions and Word Usage; Article 11 — 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. Article I General Provisions; Amendments; and Conditional Use Permits Part 101—General Provisions § 165-101.02. Definitions and Word Usage. FARM STAY— Any quest accommodation on a working arm. in addition to overni ht accommodations on site, guests may participate in rural activities including farming, animal husbandry, ranching, harvest -your -own -activities, natural activities and attractions. AGRITOURISM - Any activity carried out on a farm or ranch that allows members of the aeneraJ public, for recreational entertainment or educational purposes to view or enjoy rural activities including farming, wineries, ranching, historical, cultural, harvest -your -own activities, or natural activities and attractions. An activity is an oaritourism activity whether or not the garticipant paid to participate in the activity. STABLE, COMMERCIAL - A building, group of buildings, or use of land, or any combination thereof, where, for compensation, whether monetary or goods, provision is made for horses or ponies for hire or instruction in riding. SPECIAL EVENT FACILITY - A facility or site utilized for events that are typically conducted on a sinale day, but which may be conducted for up to three 13) consecutive days, for which attendance is 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 FOR SPECIFIC USES 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. Where outdoor shooting and archery ranges are allowed, zoning district separation buffers and screens, 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 be located within 1,000 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 design to protect the safety of the public. Such plans shall include berms and other protective features. All outdoor shooting and archenLranges 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) District; shall be subject to the following requirements: A. An illustrative sketch plan in accordance with the requirements of Article Vill shall be submitted with the Conditional Use Permit application. This plan shall identify: access for the facility, the location of all parking areas, the location and square footage for all structurels) to be used and the location of sewage disposal facilities. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 418 B. All structures associated with a special events facility shall require a buildingermit. C. All parkina spaces and travel aisles shall be graveled. The Board of Supervisors may require through the Conditional Use Permit process that all travel aisles and/or parking spaces be - paved with a minimum double prime and seal or alternative dust free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adioinina properties and roads by topoaraphy, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s, must show the easement allows a use of this type or written permission must be obtained by 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, open parcels of land, tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant soils. The 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 that blend in with the existing and scape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the County, as well as provide a choice to home buyers. B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads. Diversity and originality in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features, relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that environmental concerns be addressed, a more attractive, environmentally sound and economically viable development will 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 products. 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 homes or cemetery office complexes 0. Post offices. P. Radio and television towers and their accessory buildings. Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 419 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 requirements are met: (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 requirements of the Frederick County 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 EM Extractive Manufacturing Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. 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 maintain or to permit to be erected, in the County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is 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. NN. Commercial stables. eauestrian facilities and commercial riding facilities. U. Cut -your -own Christmas tree and evergreen tree. JJ. On-oremise wayside stand. roadside stand. or wayside market accessory to a bona fide operating form. § 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. B. C. D. E. . F. G. H. I. J. K. L. M N. O. P. Q. R. S. U. V. W Bed and Breakfasts, Farm Stav Country clubs, with or without banquet facilities. Manufacture or sale of feed and other farm supplies and equipment. Fruit packing plants. Off -premise farm markets. Off -premises wayside stands. Country general stores. Service stations. Antique shops. Restaurants. Kennels. Petting farms. Television or radio stations. Motels. Auction houses. Campgrounds, tourist camps, recreation areas and resorts. Commercial outdoor recreation, athletic or park facilities. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities. Sawmills and planning mills, Type B. Ambulance services. Retailing or wholesaling of nursery stock and related products. Landscape contracting businesses. Public garages without body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia 420 surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained. X. Public garages with body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (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 height. This fence or screen shall be adequately maintained. Y. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary 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). ILL. Flea Markets, Operated Indoors or Outdoors. MM. Treatment Home. NN. Special event facility, 00. Commercial shooting and archery ranges (indoor or outdoor). PP. Ice cream parlor or bakery. QQ. Craft and gift shops. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — CHAPTER 165 ZONING, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 — RA RURAL AREAS DISTRICT. 6165-401.07 SETBACK REQUIREMENTS. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE ON THE REDUCTION OF THE REQUIRED SETBACK FOR ACCESSORY STRUCTURES ON PRIVATE RIGHT-OF-WAYS. — (RESOLUTION #080-17) - APPROVED Planner Tyler Klein appeared before the Board and presented this proposed amendment. He stated this was 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. He stated currently the setback off of a right-of-way in the RA District is 60 feet for both public and private roadways. He stated staff drafted a revision to the Zoning Ordinance to reduce the required front setback for accessory uses and structures adjacent to private right-of-ways from 60 feet to 45 feet. He further stated the DRRC discussed Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia i 1 421 this item at their January 2017 meeting and agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. He stated 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 in May and recommended approval. He concluded by saying a decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment was requested. Supervisor Wells asked if the 45 foot setback was for private roads. Mr. Klein replied yes. Supervisor Lofton asked if this would be regulated by a homeowners' association. Mr. Klein replied no, it would be dealt with privately. Chairman DeHaven convened the public hearing. Alan Morrison, Gainesboro District, appeared before the Board and stated the presentation was clear using the graphics. There were no further public comments. Chairman DeHaven closed the public hearing. Upon motion made by Supervisor Lofton, seconded by Supervisor Dunn, the above ordinance amendment was approved. 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 Supervisors that Chapter 165, Zoning, is amended to modify Article IV, Agricultural and Residential Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia i 422 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. Article 1V Agricultural and Residential Districts Part 401 RA Rural Areas District § 165-401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District: A. Setbacks for all lots other than rural preservation lots shall be as set out below. (1) Front Setbacks. The front setback for any principle 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 principle use or structure shall be determined by the primary use of the adjoining parcel as follows: Adjoining Parcel Size 6 acres or less More than 6 acres Agricultural and Forestal District, 6 acres or less Agricultural and Forestal District, more than 6 acres Orchard (regardless of Setback (Side and Rear) (feet) 50 100 _ 50 200 200 _ 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 and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-401.07A (2) of this chapter. (1) Front setback. The front setback for any principal Armor==== 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 j subdivision. (2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line. (3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line. C. f�Accessory uses., The minimum setback for any accessory use or structure shall be rural as follows: (1) 60 feet from the edge of right-of-way of any public street or roadway owned and maintained b y VDOT. (2) 45 feet from the edge of right-of-way o;any private right-of-way or ingress/earess easement. (3) 15 feet from any side or rear property line. D. 4)--One non -habitable accessory structure that meets the minimum setbacks for an accessory use may be located on a lot prior to the construction of a principal structure. This accessory structure shall not be permitted to contain any residential uses prior to the construction of the primary structure on the lot and shall be a maximum of 650 square feet in size. The above motion was approved by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05124/17 County of Frederick, Virginia 423 Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no Board Liaison Reports. CITIZEN COMMENTS Patsy Gochenour, Red Bud District, appeared before the Board and stated she valued her vote and attended the Republican mass meeting held on May 22, 2017 as she just wanted to vote for one of the Republican candidates for the Red Bud District Board of Supervisors but could not vote unless she signed the pledge that was on the paperwork. She did not sign and therefore had to leave the meeting. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn stated there were 5000 people that voted for the Republican president and congressman in the last election and there were less than 200 people that voted in the local Republican mass meeting, so in order to allow more people to vote, he would favor a primary. He stated he felt the more of an opportunity the citizens had to vote, the better. ADJOURN UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR EWING, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (8:39 P.M.) CQJ a� Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kri C. iern Interr lark, Boar of Supervisors Minutes Prepared By: n Is CA Teresa J. Pri Administrative Assistant County Administrator's Office Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 05/24/17 County of Frederick, Virginia