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HomeMy WebLinkAboutApril 11 2018 Board_Agenda_PacketAGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 11, 2018 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call to Order Invocation Pledge of Allegiance Adoption of Agenda Consent AgendaAttachment ---------------------------------------------------------------------------------------------------------- A Minutes Budget Work Session of March 28, 2018 Regular Meeting of March28, 2018 Budget Work Session of April 4, 2018 Committee Reports ------------------------------------------------------------------------ B Transportation Committee ------------------------C Resolution Recognizing Employee of the Month Jonathan D. Beckley --------------------------------------D Resolution of Opposition to Expanded Medicaid in Virginia Citizen Comments – Agenda Items that are not the subject of a Public Hearing Board of Supervisors Comments County Officials ------------------------------------------------------------------------------------ E Committee Appointments Social Services Board - Red Bud District Representative One unexpired 4-year term ending 06/30/20 Board of Building Appeals One unexpired 5-year term ending 11/10/2018 Presentation of Employee of the Month Award to Jonathan D. Beckley ---------------------------------- F Requests from the Commissioner of the Revenue for Refunds Shenandoah Refrigeration, Inc. - $3,283.76 Duncan H. Pollitt - $3,946.74 ------------------------------ G Adoption of Fiscal Year 2017-2018 Budget, Fiscal Year 2018-19 andAppropriations and Setting of 2018 Tax Rates Committee Business - None Public Hearings (Non PlanningIssues) - None Planning Commission Business Public Hearings Conditional Use Permit #03-18 for Trumpet Vine Farm, LLC --------------------------------------------------- H Submitted for Establishment of a Special Event Facility in the RA (Rural Areas) Zoning District. The Property is Located at 266 Vaucluse Road, Stephens City, Virginia and is Identified with Property Identification Number 85-A-6C in the Back Creek Magisterial District. Public Hearings(Continued) South Frederick Agricultural and Forestal District ------------------- I 1.McDonald, Roy and Loretta, Six parcels located at 364 Carson Lane To Consider Adding Additional Parcels into the South Frederick Agricultural and Forestal District identified with Property Identification Numbers 84-A-47B, 84-A-49B, 84-A-49G, 84-A-48A, 84-A-48 and 85-A-3A in the Back Creek Magisterial District. -------- J 2.McDonald, Jason and Jennifer, Five parcels located at 388 Vaucluse Road To Consider Adding Additional Parcels into the South Frederick Agricultural and Forestal District identified with Property Identification Numbers 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D and 84-A-53E in the Back Creek Magisterial District. Other Planning Business Master Development Plan #01-18------------------------------------------------------------------------------------- K The Applicant intends to develop 107.21 acres of land zoned M1 (Light Industrial) and is seeking a waiver of §144-24(C)of theSubdivision Ordinance to allow for the future division of lots with access provideby private streets extending from Renaissance Drive. Ordinance Amendment – Solar (Photovoltaic) Energy Facility------------------------------------------- L This is a proposed amendment to Chapter 165 –Zoning Ordinance to add solar (photovoltaic) power generating facilities (i.e. solar farms) to the conditional use list for the RA (Rural Areas) Zoning District. The intent of this modification is to provide additional opportunities foruses in the County’s Rural Areas that preserve the rural and agricultural integrity of theseareas and are consistent with the goals and strategies outlined in the 2035 ComprehensivePolicy Plan. Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn MINUTES Frederick County Board of Supervisors – Frederick County School Board Joint Work Session Wednesday,March 28, 2018 5:30 p.m. Board Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr.; Vice Chairman Gary A. Lofton; Blaine P. Dunn;Judith McCann-Slaughter; J. Douglas McCarthy; Robert W. Wells and Shannon G. Troutwere present.Staff present:Kris C. Tierney, County Administrator;Jay E. Tibbs, Deputy County Administrator;Cheryl B. Shiffler, Finance Director; Jennifer Place, Budget Analyst; Sharon Kibler, Assistant Finance Director; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. School Board: Dr. John Lamanna; Michael Lake; Seth Thatcher; Jay Foreman; and Shontya’ Washingtonwere present. Kali Klubertanz and Frank Wrightwere absent. Staff present: Dr. David Sovine, Superintendent; Dr. Al Orndorff, Assistant Superintendent; Steve Edwards, Coordinator of Policy and Communications; Dr. James Angelo, Assistant Superintendent for Instruction; Patty Camery, Executive Director of Finance; Kristen Anderson, FCPS Budget Supervisor; Tim Crisman, Director of Facilities Services; Kevin Kenney, Clerk of the Works. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 p.m. APPROVAL OF AGENDA Upon motion of Vice ChairmanLofton, seconded by Supervisor Slaughter, the agenda was approved. PRESENTATION Dr. Sovine reviewed the planning process for determining the necessity to replace rather than renovate the AylorMiddle School building. Mr. Kevin Kenney, Clerk of the Works, reviewed the challenges of renovating while students occupy the building. He noted the logistics of the project will be very difficult on the site around the building and concluded that not all of the building’s problems could be addressed through renovation. Mr. Tim Crisman, Director of 1 Minutes * Joint Work Session with Frederick County School Board FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 Facilities Services, reviewedthe logistical challenges within the building should the students occupy the building during renovation. DISCUSSION Supervisor Dunn questioned whether the School Board’s numbers were being used to achieve the objective rather than simply being provided as data that could be reviewed to solve a problem. He said the contingency fees seem high. Supervisor McCarthy expressed concern that the renovation cost changed from $33 million to $49 million in two months and asked for an explanation. Dr. Sovine said the $33 million estimate was not for a complete renovation, and that details had been provided to the Board of Supervisors in previous meetings. Dr. Orndorff noted that the original estimate was for a 140,000 square foot building, but the newer estimate for a Tier 3 renovation includes 160,000 square feet to align it with the other County middle schools. He said the School Board will have to work with whatever is appropriated by the Board of Supervisors. In reference to confusion about Tier 2 and Tier 3 renovations versus a full building replacement, Supervisor McCarthystated that it is important for the Board of Supervisors to receive good information in order to make good decisions. Supervisor Dunn inquired about the process for finding land to build a new building. Dr. Orndorff estimated a cost between $1.2 millionand $1.6 million for a new site. Dr. Sovine said that demolition costs to raze the existing building are estimated at $2 million. Supervisor Dunn suggested that the School Board make the old Aylor building available for resale if the decision is to build a new Aylor building. Vice Chairman Loftonreferenced the January joint work session at which one School Board presentation slide described a renovation resulting in a 140,000 square foot building costing $33 million. He askedabout the planned program capacity. Dr. Sovine said the capacity would be 900. Supervisor Slaughter asked about the capacity of the 160,000 square foot building. Vice Chairman Lofton askedfor clarification since both the 140,000 and 160,000 square foot buildings would have a capacity of 900. Dr.Orndorff explained that the building standards have changed 2 Minutes * Joint Work Session with Frederick County School Board FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 and there is a need to increase classroom sizes and include collaborative spaces. Dr. Angelo added that the existing science labs are too small. Supervisor Trout asked whether renovation would address the ventilation and light issues. Dr. Orndorff said that adding light tubes is the only option for improved lighting if the renovation is done. Supervisor Trout said the larger square footage mirroring the other middle schoolsis the best option, adding that the renovation process would be miserable for the students and staff. She said more money should not be dumped into a building that has many problems, so she is leaning toward replacement. Dr. Angelo said he was principalat James Wood Middle School during the renovation and highlighted the issues caused by occupying the building during the renovation process. Supervisor Wells said he had visited Aylor with two local contractors and has some thoughts. He offered to discuss the topic with all those interested. Chairman DeHaven thanked the members of both Boards for attending. ADJOURN Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the meeting was adjourned at 6:48 p.m. 3 Minutes * Joint Work Session with Frederick County School Board FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 28, 2018 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P. Dunn; J. Douglas McCarthy; Judith McCann-Slaughter; Shannon G. Trout; and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Michael T. Ruddy, Director of Planning and Development; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Slaughter, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA – APPROVED Vice Chairman Lofton moved that the Consent Agenda be approved. Supervisor Wells seconded the motion. Chairman DeHaven and Supervisor Slaughter said they would abstain on the second item on the consent agenda, the Resolution Requesting VHDA Funding for Hiatt Run Apartments, because of prior or ongoing contractual relationships with the requester. The Consent Agenda was approved on a roll call vote as follows: Blaine P. Dunn No Shannon G. TroutAye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAyeCharles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye -Minutes:Budget Work Session of March 14, 2018 - CONSENT AGENDA APPROVAL -Minutes: Closed Session & Regular Meeting of March 14, 2018 - CONSENT AGENDA APPROVAL 1 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 -Hiatt Run Apartments –Resolution Requesting VHDA Funding- CONSENT AGENDA APPROVAL RESOLUTION IN SUPPORT OF HIATT RUN APARTMENTS REQUEST FOR VHDA FINANCING. HIATT RUN APARTMENTS ARE LOCATED ON MARTINSBURG PIKE IN THE STONEWALL MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, desire to make the determination required by Section 36-55.30:2.B of the Code of Virginia of 1950, as amended, in order for the Virginia Housing Development Authority to finance the economically mixed project (the Project) described on Exhibit A attached hereto; NOW, THEREFORE, BE IT HEREBY DETERMINED as follows: (1) the ability to provide residential housing and supporting facilities that serve persons or families of lower or moderate income will be enhanced if a portion of the units in the Project are occupied or held available for occupancy by persons and families who are not of low and moderate income; and (2) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in the surrounding area of the Project and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. + + ++ + + + + + ++ + -Resolution of Appreciation for Judy Lynn Hesse - CONSENT AGENDA APPROVAL FREDERICK COUNTY RESOLUTION OF APPRECIATION JUDY LYNN HESSE WHEREAS, Judy Lynn Hesse served Frederick County, Virginia, for approxi dedicated employee; and WHEREAS, Judy began her career as a Clerk Typist I in 1989 and received 1999, Administrative Assistant in 2000, and finally to Resource Management Specialist serving from 2013 until her retirement; and WHEREAS, during her tenure, Judy progressively took on additional respo assignments and was noted for the quality and quantity of her woas her superior communication skills; and WHEREAS, Judy was a successful multi-tasker who did exceptional work in keeping fire and rescue personnel outfitted with appropriate uniforms and personal prote positive cooperative relationships with various County departmen members, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Judy Lynn Hesse for her dedication and depen her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frede Board of Supervisors for all citizens to reflect upon the accompvant. ADOPTED this _28_th day of March 2018. + + ++ + + + + + ++ + CITIZEN COMMENTS William Meyer, Red Bud District, said the one cent tax increase is not enough and that next year the County will be slammed with a larger necessary increase. He said the community and schools are growing and money is needed to provide services. He said the Board members are cutting themselves short with the small tax increase. + + ++ + + + + + ++ + 2 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted the speakers at recent meetings who addressed the Aylor Middle School building condition. He said the Board of Supervisors is the funding body. He noted that the School Board handles maintenance and has unspent funds each year that could have been used for building maintenance. + + ++ + + + + + ++ + COUNTY OFFICIALS: COMMITTEE APPOINTMENTS APPOINTMENT OF AMY GRAY TO THE HANDLEY REGIONAL LIBRARY BOARD – APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter,Amy Gray was appointed on a voice vote to the Handley Regional Library Board to fill an unexpired four-year term ending November 20, 2021. APPOINTMENT OF HEATHER MCKAY TO THE FREDERICK COUNTY ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, Heather McKay was appointed on a voice vote to the Frederick County Economic Development Authority to fill an unexpired four-year term ending September 10, 2018. Vice Chairman Lofton noted there had been three applicants, and Ms. McKay’s background in agribusiness and agritourism will be an asset to the Authority. RE-APPOINTMENT OF CHRISTOPHER FORDNEY TO THE FREDERICK COUNTY PARKS AND RECREATION COMMISSION - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor McCarthy, Christopher Fordney was re-appointed on a voice vote to the Frederick County Parks & Recreation Commission for a four-year term ending April 28, 2022. + + ++ + + + + + ++ + REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS Mr. Tierney explained there were four requests for refunds that have been reviewed by the County Attorney. Supervisor Slaughter moved for approval of and a corresponding supplemental appropriation for the refund request by Federal Express Corp. for $2,832.03. Supervisor Trout seconded the motion which carried as on a roll call vote as follows: Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAyeCharles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye 3 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 Supervisor Slaughter moved for approval of and a corresponding supplemental appropriation for the refund request by Merrimak Capital Company LLC for $3,934. Supervisor McCarthy seconded the motion which carried as on a roll call vote as follows: Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye Supervisor Slaughter moved for approval of and a corresponding supplemental appropriation for the refund request by D L Peterson Trust for $7,517.92. Supervisor Dunn seconded the motion which carried as on a roll call vote as follows: Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye Supervisor Dunn moved for approval of and a corresponding supplemental appropriation for the refund request by Judy Excavating & Landscaping for $7,693.04. Supervisor Slaughter seconded the motion which carried as on a roll call vote as follows: Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye + + ++ + + + + + ++ + COMMITTEE BUSINESS – None PUBLIC HEARINGS (Non Planning Issues) A.OUTDOOR FESTIVAL PERMIT REQUEST OF WAVELAND FARM, LLC (Cyndie Layman) – Fergison Wedding. - APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit. Festival to be Held on Saturday, April 21, 2018, from 10:00 A.M. to 10:00 P.M. onthe Grounds of 1211 Marlboro Road, Stephens City, Virginia, Back Creek Magisterial District. Property Owned by Waveland Farm, LLC. Mr. Tierney said the request was for a wedding event. The applicant, Cyndie Layman, Back Creek District, said the use of her farm as a wedding venue promotes agribusiness and agritourism and will help preserve and maintain the farm. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval and Supervisor Dunn seconded the motion. Vice Chairman Lofton said he met with the applicant several months ago and was concerned about the entrance to the farm. He said the applicant has now purchased land and added a much safer entrance. The motion carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye 4 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 B.FISCAL YEAR 2018-2019 BUDGET The Board of Supervisors of Frederick County invites comments on the Proposed Budget for the fiscal year ending June 30, 2019. Mr. Tierney presented the draft FY 2018-2019 budget using a PowerPoint presentation. He summarized the budget and noted that the increase in general fund requests is $15,482,806 with the proposed budget funding only $3,760,000 of the total requested amount. Chairman DeHaven opened the public hearing. Kitty Hockman-Nicholas, Back Creek District, said she represented the Lord Fairfax Soil and Water Conservation District. She said help is needed to correct the problems of pesticides, erosion and pollution that affect the local area, adding that the County’s waterways are part of the Chesapeake Bay watershed area. She asked the Board to restore $3,000 in funding that has been cut from the requested $10,000. Marietta Walls, elected member of the Lord Fairfax Soil and Water Conservation District Board, said that Frederick County has reduced funding to the Soil and Water Conservation District through the years. Ms. Walls said the District employees give back to the community and help bring money through grants to help the County’s waterways. She asked that the Board restore the funding to the $10,000 level that was given in 2009 saying more help is needed. Steve Cluss, Stonewall District, said he represented the Northern Shenandoah Valley Substance Abuse Coalition. He thanked the Board for funding the Coalition noting that the Drug Court has been successful. He said that drug testing kits are being made available to families and peer to peer counseling is being accomplished with funds from a United Way Campaign grant. Jeri Swogger, Gainesboro District, urged the Board to fully fund the requests of the School Board. She said the Board has welcomed new businesses to the County, but not the children who have come along with the County’s growth, adding that the schools need funds to do a good job and provide opportunities for students. John Wright, Red Bud District, representing the Frederick County Professional FirefighterAssociation thanked the Board and the County Administration for support in adding staffing. He said the additional staff members have greatly added to the ability to respond to calls at the busiest fire stations. Mr. Wright said the requests in this year’s budget will help add staffat the stations with fewer staff members. He encouraged the Board to approve the requested funding for staffing. Shelly Andrews, Red Bud District, implored the Board to be forward thinking. She said the one cent tax increase pushes the decision down the road. She said a three cent tax increase would be manageable and would assist the deputies, schools and firefighters that need additional funding, adding that it would be doing the right thing in the long run. Dr. John Lamanna, Stonewall District, asked the Board to fully fund the schools’ request as presented. He said the request represented only the highest priority needs, adding that the request had been cut before being presented to the Board of Supervisors. Dr. Lamanna said that the $2.7 million that the School Board assumes the Board of Supervisors is planning not to fund is for critical needs. He said that 12 of the 18 County schools are over capacity. He referenced the comments about unobligated surplus funds saying those funds cannot come close to addressing the maintenance needs in the schools. Dr. Lamanna concluded saying the buzz-in 5 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 systems being installed are costly and that other needs will not be met in order for the systems to be installed for safety. Joy Kirk, Back Creek District and president of the Frederick County Education Association, she said that the one cent tax increase will not be difficult for homeowners and encouraged the Board to vote in favor of the increase. Carrie Ann Kite, Shawnee District, spoke in favor of the tax increase but said she believes it is not enough adding that the budget does not address needs since the growth of the County is outpacing the infrastructure. Ms. Kite said that some County Departmentsare budgetedwith larger percentage increases than the schools and asked why the schools are being vilified. She said the schools are a larger part of the budget because they are serving more community members and are the largest employer in the area. Ms. Kite asked that the schools’ request be funded. Jason Tresedder, Shawnee District, said he supports the one cent tax increase which is a good place to start and the tax rate should be higher. He referenced the earlier budget presentation which depicted the County’s tax rates as being lower than most surrounding localities and said that may be the reason the County is having trouble keeping up with the needs. Mr. Tresedder noted the earlier comment that maintenance is the school’s responsibility saying that if the Board of Supervisors does not fund the requests, the Schools cannot do the maintenance. He suggested that raising the tax to the median rate in the area will slow growth because the low rate is actually increasing the growth of the County. William Meyer, Red Bud District, said he is employed at Spring Arbor assisted living community which has frequent need of emergency medical services. He said the RoundHillFire Station crews are responsive but need additional staffing. He asked the Board to fund the requested staffing for the Round Hill station. Shawn Graber, Back Creek District, said the County is in the top tenth percentile for funding per the State Board of Education web site. He said the one cent tax increase may seem like it is not much, but his taxes have gone up 40%. He asked the Board not to raise taxes. Dr. David Sovine, Superintendent of Frederick County Schools, noted that with the County growing and changing, demands on the schools are increasing. He said the funding requested by the Schools represented only the highest priority needs. Dr. Sovine said a perfect storm is brewing with the older school buildings and other needs such as emergency services, adding that the Board should commit to serving the residents of the County. Carrie Carmichael, Shawnee District, said she looked atthe proposed budget. She said the County is severely underfunding the schools. She asked how the Board justified not funding capital needs like HVAC systems, roof replacements, safety project on Rt. 522, and fire alarm replacement. She said the one cent increase may not be enough but encouraged the Board to support it as a start. Joy Kirk, Back Creek District, and representing the Frederick County Education Association. She read Frederick County student proficiency statistics from the State Board of Education web site adding that she was proud to be a Frederick County school teacher. Chairman DeHaven closed the public hearing. 6 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 + + + + + + + + + + + + PLANNING COMMISSION BUSINESS–None BOARD LIAISON REPORTS Supervisor Trout provided an update on the last Frederick Water meeting. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted there is an increase in the school budget from last year. He noted that the County is growing, and he projects that taxes will have to increase significantly to meet the capital requests.He outlined proposals for revenue generation other than the currently collected taxes. Supervisor Trout thanked the speakers. She said of 13 speakers, all but one was in favor of the tax increase. She said this mirrors the comments she is receiving in her district. She said she will support the increase but does not think it is adequate to cover the needs of the growing County. Supervisor Wells said it is clearthat many of the schools are in needof the typesof repairsthatif ignored will result in the buildings being uninhabitable. He said the repairscannot be ignoredby theBoard of Supervisorsor the SchoolBoard. He said the Boardneeds to begin to appropriate the fundingfor the critical school needs and he wantstheSchool Board to make sure the funds are spent on thoseneeds. Supervisor Wells said Aylor needs to be addressed and not ignored anylonger. SupervisorWells said the public safetyissuealso should be addressed. He said he is against raising taxes when there is no need and when the funds are being mishandled, but he is not against raising taxes if the needs are real and the funds are well handled. He also sked that the parking issues at Clear Brook be reviewed by the Board. Vice Chairman Lofton said he has heard calls for the need to spend money, but he is in favor of more in-depthdiscussion and discovery about the wants and needs in the County. He said there are those calling for tax increases but there is another contingent of tax payers who are on fixed incomes and not in favor of the any tax increase. + + + + + + + + + + + + CITIZEN COMMENTS Dr. David Sovine, Superintendent of Frederick Schools, thanked the Board for the joint meeting on AylorMiddle School held earlier in the evening. He noted that the per pupil spending on Frederick County is below the state average and Frederick County has built seven schools since 2000. He noted that Frederick County’s real estate tax rate of 60 cents is 10% below the state median. Amber Wallin, Opequon District, referred to the Schools Building and Grounds Committee minutes which discuss population growth. She said if the growth is not accounted for the County will be in the same overcrowding situationin the future. Ms. Wallin said the Aylor 7 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 building is failing and the property has other downsides such as the location and drainage issues. Carrie Takarsh said she is employed at Aylor Middle School. She said teaching in the st 21century requires a different floor plan than in older school buildings. She noted her classroom does not have enough electrical outlets, the tables are bolted to the floors which contain asbestos tile, and the narrow spacing between the bolted furniture presents safety concerns. She said communities need to invest in human capital and urged the Board to appropriate the funds to build a new Aylor school. Jerry Putt, Stonewall District, said he is the principal of Frederick County Middle School. He asked the Board to make an informed decision by coming to visit Frederick County Middle School when the students and teachers are present, adding that this will make the Board’s decision easier. Jason Tresedder, Shawnee District, noted the Board has a difficult decision with speakers on all sides of the issues. He asked the Board to listen to whatthe majority of speakers ae saying. He added that the citizens are asking for helpto keep the community safe and thanked the Board for the hard work in considering the requests for funding. Sophia Guntang and Jessica Shostek, Back Creek District, said they represent the Aylor Middle School Student Council Association. They said the school needs to be replaced not renovated because of the condition of the existing building. They noted the distraction of the CO2 monitors and played a recording to demonstrate the noise. Emma Hunter, Back Creek District, said she is a student at Aylor Middle School. She said that the teachers have been asking for renovations for 10 years, but nothing has been done while they are told the whole school will be renovated soon. She said the CO2 monitors that beep all day are very disruptive to classes and asked the Board to help the situation by replacing the building. Carrie Ann Kite, Shawnee District, spoke about community. She said after moving here is 2007, she began to be involved in the community. She said she has started a group for residents to encourage involvement in the community. Ms. Kite said the community is experiencing growing pains and needs to findother solutions while addressing the urgent needs now. Avery Lundy, Opequon District, praised the teachers at Aylor and said she is being educated in a substandard building. She asked the Board to do something about the Aylor building. Bill Pitt, Back Creek District, said he has lived in the County for four years and noted that public education is an important issue. He said he did not check the tax rate before moving to the County but rather chose the County because the commitment to the schools and services is good. Adeline Wall said she is a student at Aylor Middle School. She said the lockers are small, the hallways are narrow, the science lab is small, and she hopes the Board will rebuild Aylor school. Kate Guntang, Back Creek District said she is a rising sixth grader at Aylor Middle School. She noted the CO2 levels, beeping monitors, narrow hallways, and the doors that do not 8 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 have locks. She asked the Board to please rebuild Aylor Middle School. Walter Ouzts, Shawnee District, said he has heard the School Board’s proposal to rebuild Aylor described as a sales job. He agreed that it is a sales job in that the Board of Supervisors holds the money adding that the question is whether the School Board is similar to used car salesmen or honest brokers. Mr. Ouzts said the School Board is akin to an honest broker adding that spending less than the $52 million is not proactive or forward thinking on the part of the Board of Supervisors. He asked the Board to appropriate the necessary funds and said that higher taxes may be necessary. Mr. Ouzts said there are other tax options and special school construction grants that may be an option. He noted that crowdfunding for capital needs has been effective in other areas and should be explored as an option. Mr. Ouzts asked that the Board to approve the Aylor replacement funding. Don Hier, Back Creek District, said he is a tenth grader at Sherando who attended Aylor Middle School. He said that the Aylor building is in really bad shape and asked the Board to help by rebuilding Aylor Middle School. BOARD OF SUPERVISORS COMMENTS - None ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout the meeting was adjourned at 8:55 P.M. 9 Minutes * Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 28, 2018 MINUTES Frederick County Board of Supervisors Budget Work Session Wednesday, April 4, 2018 5:30 p.m. Board Meeting Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr.; Vice-Chairman Gary A. Lofton; Blaine P. Dunn; Judith McCann-Slaughter; J. Douglas McCarthy; Shannon G. Trout; and Robert W. Wellswere present. Staff present: Kris C. Tierney, County Administrator; Ellen Murphy, Commissioner of the Revenue; C. William Orndoff, Jr., Treasurer; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Cheryl B. Shiffler, Finance Director; Jennifer Place, Budget Analyst; Sharon Kibler, Assistant Finance Director; Becky Merriner, Human Resources Director; Scott Varner, IT Director; TamaraGreen, Director of Social Services; Amy Swift, Assistant Director of Social Services; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Finance Committee Members present: Jeffrey Boppe CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 p.m. Mr. Tierney said aprimary goal of the meeting is to decide how the budget resolutionincluding the tax increase should be worded prior to next week’s Board of Supervisors meeting. DISCUSSION Medicaid Expansion Mr. Tierney explained that it is unknown whether the state will move to expand the Medicaid program. He said the current case load per Social Services case worker is approximately 500, and with the anticipated expansion there will be between 2500 and 3000 new cases requiring an additional eight employees. Mr. Tierney suggested the Board may need to meet again once the state legislature has decided on Medicaid expansion. Supervisor Slaughter suggested the Board draft a resolution in opposition to the expansion to be forwarded to the County’s state representatives prior to their meeting on April 11. By consensus and in the interest of time, the Board directed staff to draft a letter of opposition for Frederick County Board of Supervisors Budget Work Session April 4, 2018 signature by Board members followed by a resolution to be adopted at the April 11, 2018, Board meeting. Budget Resolution The Board and staff discussed the options for the budget resolution. The Board andstaff discussed the issue of the airplane tax. By consensus, the Board agreed to setting the personal property tax rate for aircraft at $0.50 per $100 of assessed value. The Board and staff discussed the advertised one cent real estate tax rate. The Board and staff discussed the issue of school maintenance and school capital versus operating expenses and the possibility of allocating funding by category. No consensus was reached on the one cent tax increase or the wording of the budget resolution wording. Mr. Tierney urged the Board to move forward with adopting the budget and the tax rate saying that the budget could be further refined at a later date. The Board agreed to meet againat a date to be determined for a work session to discuss the budget. Other Supervisor Dunn asked for thoughts on his previous request for establishment of a budget line item for Board Member Town Hall meetings. There was no support for this request. ADJOURN There being no further business, the meeting was adjourned at 6:48 p.m. Frederick County Board of Supervisors Budget Work Session April 4, 2018 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, AssistantDirector -Transportation RE: Transportation Committee Report for Meeting of March 26, 2018 DATE: March 27, 2018 The Transportation Committee met on Monday, March26, 2018at 8:30 a.m. Members PresentMembers Absent Gary LoftonChairman (voting)Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting)Barry Schnoor (voting) James Racey(voting) Gary Oates(liaison PC/voting) Lewis Boyer (liaison Stephens City) ***Items Not Requiring Board Action*** 1.Ruebuck Lane Petition: Staff received a petition from several residents who reside on Macbeth Lane (private lane) requesting the paving of Ruebuck Lane (state road). The Committee discussed the improvements of Ruebuck Lane tobe added to the next Secondary Road Improvement Plan stopping at Macbeth Lane to increase the score for rustic paving treatment that is used to pave unpaved roads in the Secondary Road Improvement Plan.Staff will review the right-of-way. Upon motion by Ms. Judith McCann-Slaughter, seconded by Mr. Gary Oates, the Committee recommendedthatStaff included Ruebuck Lanein the next update of the Secondary Road Improvement Plan. 2.MPO Work Program: Staff provideda brief overview and providedclarity of theWinchester Frederick Metropolitan Planning Organization (MPO) work programs for the coming year. 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 -2- TheCommittee discussed the potential studies or plans in long-range planning workprograms. It was recommendedthatStaff present to the MPO Technical Advisory Committeeasfollowsin prioritized order: 1.Route 7 2.Route11 North 3.Lenoir Drive 4.Exit313-Route 50/Route522 5.HopewellRoad/Cedar HillRoadspilt interchange 3.County Project Updates Tevis Street Extension/Airport Road/I-81 Bridge: VDOT has authorized Staff to proceed with a roundabout design with some clarifications to the 60% design. A meeting was held with theDepartment of Historic Resources (DHR), VDOT and the Shenandoah Valley Battlefield Foundation to clarify and dispose of comments received as part of the state environmental review process. The Board of Supervisors approved the draft agreement for the Northern Y which was discussed at the last Transportation Committee meeting and has been forwarded for execution. Renaissance Drive: Survey work on the site is complete and discussions are ongoing with FirstEnergy regarding powerline adjustments needed to accommodate the bridge. More details on the timelines and commitments required by FirstEnergyare expected this week. Boring locations for the Geotech study are being staked and the Geotech study is expected to be completed in early April. Upon completion of the Geotech, design begins in earnest and 30% bridgedesigner has provided some preliminary options. Staff is awaitingaresponse from CSX regarding the design review agreement. Coverstone Drive: No activity currently. Jubal Early Drive Extension and Interchange with Route 37: No activity currently. 4.Upcoming Agenda Items: April MPO Route 11 South Stars Studyupdate May Begin Interstate, Primary, and SecondaryRoadPlan updates (dependent on VDOT projections becoming available) TBD Oakdale Crossing Traffic Calming Study 5.Other Business: Upcoming CTB hearing JAB/ks Employee of the Month Resolution Awarded to: Jonathan D. Beckley WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisorsupon recommendation by the Human Resources Committeeselects one employee from those nominated; and, WHEREAS,Jonathan D. Beckleywho serves as a Correctional Officer II with the Northwestern Regional Adult Detention Center wasnominated for Employee of the Month; and, WHEREAS, OnJanuary 20, 2018, Officer Beckley was supervising a Nurse Sick Call with an inmate. During the sick call, the Nurse removed the inmate’s sock and discovered a plastic baggie containing a white rock looking substance. Officer Beckley immediately called the on-duty Watch Commander and went to where the inmate was housed to assist in searching the inmate’s living space to ensure there were no other drugs or items the inmates are not permitted to have in their possession. While searching the inmate’s bed area, Officer Beckley discovered papers containing the same drug found previously during the sick call. Officer Beckley immediately confiscated the papers and maintained custody of them until he could pass them to be secured inthe evidence safe. Officer Beckley’s dedication, perseverance, and follow-through helped ensure the safety and security of the facility and ensured that the illegal drugs stemming from this incident were removed from the facility; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors day ofApril2018, thatJonathan D. Beckleyis hereby recognized as the Frederick this 11 th County Employee of the Month forApril2018; and, BE IT FURTHER RESOLVED that the Boardof Supervisors extends gratitude to Jonathan D. Beckleyfor hisoutstanding performance and dedicated service and wishes himcontinued success in future endeavors; and, BE IT FURTHER RESOLVED, that Jonathan D. Beckleyis hereby entitled to all ofthe rights and privileges associated with hisaward. County of Frederick, VA Board of Supervisors ___________________________________ Charles S. DeHaven, Jr., Chairman RESOLUTION Frederick County Board of Supervisors RESOLUTION IN OPPOSITION TO MEDICAID EXPANSION IN THE COMMONWEALTH OF VIRGINIA WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, isgravely concerned about the proposed expansion of Medicaid, specifically the financial implications at the local level and WHEREAS, the best available estimates project an increase in Medicaid cases in Frederick County to be somewhere between 2,500 and 3,000 new cases, and WHEREAS, based on those projections, Frederick County would be forced to substantially increase staffing within the Department of Social Services with the anticipated annual cost for this new staffing being in excess of $390,000, exclusive of the expenses to establish office space to house this additional staffing, and WHEREAS this additional staffing is needed to make caseloads more manageable because it is anticipated that the number of Medicaid cases per case worker will increase by over 200 cases for current staff members and WHEREAS, our concerns and frustrations are further magnified by the fact that Frederick County is attempting to finalize the annual County budget, but the General Assembly has failed to resolve this issue which significantly impacts our local budget, and WHEREAS, without any financial assistance or cost sharing from the State, this program will be yet another unfunded mandate thrust upon local governments with our citizens left to pay the bill, NOW, THEREFORE, BE IT RESOLVED THAT the County of Frederick is opposed to the expansion of the Medicaid Program in the Commonwealthof Virginia, and BE IT FURTHER RESOLVED THAT as the General Assembly prepares to vote on this important issue, we, the Frederick County Board of Supervisors, urge you to consider the significant local impact of Medicaid expansionand BE IT FINALLY RESOLVED THAT ultimately, should the decision be made to expand Medicaid, it is imperative that the Commonwealth include funding to assist the localities that will be forced to administer the program. Passed this 11th day of April 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton____ J.Douglas McCarthy ____ Judith McCann-Slaughter ____ Shannon G. Trout____ Blaine P. Dunn ____ Robert W. Wells____ A COPY ATTEST ___________________________ Kris C. Tierney Frederick County Administrator FY 2018-2019 BUDGET RESOLUTION WHEREAS a notice of public hearing and budget synopsis has been p hearing held on March 28, 2018, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Fred Virginia, that the budget for the 2018-2019 Fiscal Year as advertised in The Winchester Star on March 19, 2018, be hereby approved in the amount of $424,099,578/$423,099,578. BE IT FURTHER RESOLVED that the County of Frederick budget for th18-2019 fiscal year be adopted and the funds appropriated as follows: General Operating Fund $180,603,228 $179,603,228 Regional Jail Fund 22,789,176 22,789,176 Landfill Fund 7,502,138 7,502,138 Division of Court Services Fund 562,348 562,348 Shawneeland Sanitary District Fund 1,085,091 1,085,091 Airport Operating Fund1,646,442 1,646,442 Lake Holiday Sanitary District Fund 779,998 779,998 EMS Revenue Recovery Fund 1,522,400 1,522,400 Economic Development Authority Fund 603,483 603,483 School Operating Fund 169,320,680 169,320,680 School Debt Service Fund14,966,405 14,966,405 School Capital Projects Fund 1,000,000 1,000,000 School Nutrition Services Fund 8,000,493 8,000,493 School Textbook Fund 4,261,037 4,261,037 NREP Operating Fund 5,491,659 5,491,659 NREP Textbook Fund 65,000 65,000 Consolidated Services/Maintenance Fund 3,600,000 3,600,000 School Private Purpose Funds 300,000 300,000 BE IT FURTHER RESOLVED thatthe Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2018 assessment year as follows: Property Taxes Rates per $100 of assessed value $0.61 $0.60 Applied to real estate, including mobile homes Applied to personal property including $4.86 $4.86 business equipment $2.25 $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department $0.50 $0.50 Applied to airplanes Zero tax Zero tax Applied to antique vehicles and mopeds $2.00 $2.00 On declining values to be applied to machinery and tools. The declining values are 60% for year one, 50% for year two, 40% for year three, and 30% for year four and all subsequent years. $2.00 $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Business and Professional Occupational License Rates Contractors $0.16 per $100 of $0.16 per $100 of gross receiptsgross receipts Retail $0.20 per $100 of $0.20 per $100 of gross receiptsgross receipts Financial, Real Estate, and Professional $0.58 per $100 of $0.58 per $100 of Services gross receiptsgross receipts Repair, personal and business services $0.36 per $100 of $0.36 per $100 of and all other businesses and gross receiptsgross receipts occupations not specifically listed or exempted in the County Code Wholesale $0.05 per $100 of $0.05 per $100 of purchases purchases The tax rates for other businesses and occupations specifically listed i are also unchanged. Other General Taxes Meals tax 4% of gross receipts 4% of gross receipts Transient Occupancy tax 2.5% of gross receipts 2.5% of gross receipts Vehicle License Taxes $25 per vehicle and $25 per vehicle and $10 per motorcycle $10 per motorcycle Sanitary Landfill Fees $50 $50 Per ton for commercial/industrial $45 $45 Per ton for construction demolition debris $20 $20 Per ton for municipal waste $38 $38 Per ton for municipal sludge $15 $15 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190$190Unimproved Lots $560$560Improved Lots Lake Holiday Sanitary District Taxes $678$678Buildable Lots $264$264Unbuildable Lots Lots owned by Lake Holiday Country Club, Inc. $0 $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot/$60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $45 annually/$45 annually Green Acres $25 annually/$25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized fund, special welfare fund, comprehensive services fund, county health insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance insurance fund, development project fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, Forfeited Assets Program, and Four-For-Life, Fire Programs and Economic Incentive funds equal to the total cash balance on hand at July 1, 2018, plus the total amount of receipts for the fiscal year 2018-2019. The Fire Company Capital appropriation will include the current year appropriation plus a at the end of the fiscal year 2018. BE IT FURTHER RESOLVED that funding for all outstanding encumbran18, are re-appropriated to the 2018-2019 fiscal year to the same department and account for which they are encumbered in the 2017-2018 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a carryforward in the amount that equals the approved original pro encumbrances through June 30, 2018. CONDITIONAL USE PERMIT #03-18 Trumpet Vine Farms-Special Event Facility Staff Report for the Board of Supervisors Prepared:April5,2018 Staff Contact: M. Tyler Klein,AICP,Planner 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. ReviewedAction Planning Commission: 04/04/18Recommended Approval Board of Supervisors: 04/11/18Pending EXECUTIVE SUMMARY& CONCLUSION FOR THE 04/11/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) foraspecial event facility in the RA (Rural Areas)Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commissionrecommends that the following conditions be attached to the CUP: 1.All review agency comments shall be compliedwith at all times. 2.Anillustrative sketch plan,in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.A commercialentrance, including recordation of a sightdistance easement,should be permitted and complete within one (1) yearapproval of this CUP. 4.Events shall start no earlier than 10a.m.and all events and related activities shall conclude by midnight. 5.Events may accommodate up to and not to exceed 450persons. 6.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7.Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #03-18,Trumpet Vine Special Event Facility April 5, 2018 LOCATION: The subject property is generally located south of the Town of Stephens City, about 2 miles south of Route 11, on Vaucluse Road (Route 638). MAGISTERIALDISTRICT: Back Creek PROPERTY ID NUMBER: 85-A-6C PROPERTY ZONING & PRESENT USE: Zoned: RA(Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North:RA (Rural Areas)Use:Vacant/Agricultural South:RA(Rural Areas)Use:Residential/Agricultural East:RA(Rural Areas)Use: Vacant/Agricultural West:RA(Rural Areas)Use:Residential/Agricultural PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishmentofaspecial event center for weddings andother similar type events in the RA (Rural Areas) Zoning District to accommodate up to450persons. REVIEW EVALUATIONS: Virginia Department of Transportation: We have reviewed the above subject application received February 16, 2018 for impacts to the transportation system. Our comments are as follows: The existing Private Entrance on Vaucluse Road (Route 638) does not provide adequate sight distance to be used as a safe access for the Special Events. It appearsthat safe sight distance could be obtained at the existing entrance location if existing trees and vegetation are removed along the road frontage to the right and left of the entrance. The tree/vegetation removal to the left of the entrance would require permission from the adjacent property owner. A sight distance easement should be secured in order to maintain the necessary safe sight distance across the adjacent property. Other physical improvements would be required to upgrade the Private Entrance to meet minimum Commercial Entrance Standards prior to the site being used for Special Events. An engineered Commercial Entrance site plan would need to be submitted to VDOT for review and approval detailing necessary upgrades. Page 3 CUP #03-18,Trumpet Vine Special Event Facility April 5, 2018 A VDOT Land Use Permit shall be obtained prior to any work on upgrading the entrance or removing trees/vegetation on VDOT Right-of-Way. The permit is issued by this office and will require an application fee and surety coverage. See comment email dated March 6, 2018. Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide Building Code, and Section 303-A, Assembly Use Group of the Virginia Building Code/2012. Other Code that applies are the International Energy Code, ICC/ANSI A117.1-09 Accessible and Usable Building and Facilities. A Building permit is required to change the use of existing storage building to dressing room. Building shall comply with Virginia Building Code. Building shall be accessible and be located on an accessible route. Accessible Parking provided with adjacent parking at pavilion. Future construction of restrooms requires a building permit and a plumbing permit. Fixture quantities shall comply with T2901 for use and occupant load. Health Department approval for the sanitation system is required. Please note the requirements in Chapter 17 of IBC for special inspection requirements on the type of structure. (Soils, concrete etc..). See comment letter dated March 6, 2018. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Permit for a Special Event/Venue to take place every weekend from April to the end of October at Trumpet Vine Farm, LLC, located at 266 Vaucluse Road, Stephens City, VA 22655; Tax Map #85-A-6C. This Health Department has no objections to the issuance of the Conditional Use Permit. However, the Applicant states that the facility will be equipped with a permanent bathroom facility. In order for this Health Department to issue a Permit for a permanent On-site Sewage Disposal System, Applicant must submit an application to install such a system to this office, along with appropriate fees. As this is a commercial proposal, Applicant must engage a private OSE (On-site SoilEvaluator) and/or a PE (professional engineer) to design the system that is required to accommodate the maximum number of guest estimated to attend the venue, along with an approved water source. Please address questions about any part of this correspondence to the Health Department (540) 722- 3480 for additional information. See comment letter dated February 22, 2018. Page 4 CUP #03-18,Trumpet Vine Special Event Facility April 5, 2018 Frederick County Fire Marshall: Approve See comment letter dated February 16, 2018. Planning and Zoning: This application for a Conditional Use Permit (CUP) to permit the establishment of a special event facilityfor private events such as weddingsor other similar type events. A special eventfacilityis a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zona facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three 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. The Applicant, Trumpet Vine Farm, has been operating a special event facility for weddings and other events since 2012 under t currently has an approved Festival Permit (approved by the Board of Supervisors on March 14, 2018), which will be superseded by this CUP application. The proposed use will take place on an existing 68-acre property, which includes a single-family detached residence, open outdoor pavilion with retractable sides, and a storage building. The subject property also includes a gravel parking area to accommodate guests/visitors.The special event center will be access via a private driveway from Vaucluse Road (Route 638). In the short termthe Applicant intends to utilize the existing outdoor pavilionand allow the use oftemporary .Portable restroom facilitieswill also be provided for special events. In the future, the Applicant plansmay alsoconstruct permanent restroom facilities and alargerenclosed spacefor indoor events. The property issurrounded by RA (Rural Areas) zoned property, which includesopen space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick Countyand is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors District in May 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Planand the surrounding properties. STAFF CONCLUSIONS FOR THE 04/04/18PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) foraspecial event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: Page 5 CUP #03-18,Trumpet Vine Special Event Facility April 5, 2018 1.All review agency comments shall be complied with at all times. 2.Anillustrative sketch plan,in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.A commercial entrance, including recordation of a sightdistance easement,should be permitted and complete within one (1) yearapproval of this CUP. 4.Events shall start no earlier than 10a.m.and all events and related activities shall conclude by midnight. 5.Events may accommodate up to and not to exceed 450persons. 6.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7.Any expansion or modification of this use will require the approval of a new CUP. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 04/04/18 MEETING: The Planning Commission held a public hearing on the proposed CUP on April 4, 2018. Planning Staff provided an overview of the proposed use, noting the Applicant had satisfied all of the County requirements. Staff added that the Applicant has been operating this special event permit for the 2018 season. The Planning Commission asked Staff to clarify comments made fromVDOT regarding the need for a commercial entrance, and comments from the Health Department of the need for a drainfield. Staff noted the comment from VDOT was to apply for a commercial entrance permitand improve the sight distance in either direction from the driveway. Staff continued that the Applicant has already removed some of the vegetation to improve visibility left and right and hadalready reached out toVDOT Staff about what would need to be done for his entrance, and/or if there was another standard that could be applied given his driveway was gravel as is Vaucluse Road. Staff further clarified that for the Health Department comments, the Applicant intended to continue to use portable restroomfacilities, which would be screened from view satisfying the supplemental use regulations outlined in the Zoning Ordinance. Staff stated that in the future if the Applicantwanted to construct permanent restroom facilities, he would need to comply with the Health Department standards. The Applicant, DeMarchi Spears, also spoke reaffirminghis requestfor a special event facility Page 6 CUP #03-18,Trumpet Vine Special Event Facility April 5, 2018 and that he intended to comply with the VDOT requirement for a commercial entrance to whatever standard would satisfy their commentswithin the one (1) year time frame stipulated in the Conditions of Approval. No members of the public spoke during the public hearing portion of the meeting. The Planning Commission voted 11-0-2 (Commissioners Thomas & Triplett absent) to forward the item to the Board of Supervisors with a recommendation of approval. CONCLUSION FOR THE 04/11/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) foraspecial event facility in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1.All review agency comments shall be complied with at all times. 2.Anillustrative sketch plan,in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.A commercial entrance, including recordation of a sightdistance easement,should be permitted and complete within one (1) yearapproval of this CUP. 4.Events shall start no earlier than 10a.m.and all events and related activities shall conclude by midnight. 5.Events may accommodate up to and not to exceed 450persons. 6.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7.Any expansion or modification of this use will require the approval of a new CUP. 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. 365 CUP # 03 - 18 CARSON LN 698 365 VAUCLUSE RD Trumpet Vine Farm FAMILY DR PIN: 696 VAUCLUSE RD 85 - A - 6C 700 Special Event Facility VAUCLUSE RD Zoning Map 320 CONESTOGA LN 134 STROSNIDER LN 388 VAUCLUSE RD 530 VAUCLUSE RD CUP #03-18 85 A 6C 151 320 CONESTOGA LN CONESTOGA LN 515 6246 VAUCLUSE VALLEY SPRING PIKE 6310 VALLEY 205 PIKE VAUCLUSE RD 301 263 6380 VAUCLUSE RD VAUCLUSE RD VALLEY PIKE 281 VAUCLUSE RD 01 6460 11 VALLEY PIKE 6470 6283 VALLEY 245 VALLEY PIKE VAUCLUSE RD PIKE Applications 6486 VALLEY Parcels PIKE Building Footprints 6519 § ¨¦ B1 (Neighborhood Business District) VALLEY 81 B2 (General Business District) PIKE 172 B3 (Industrial Transition District) KLINES 01 MILL RD 11 EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) Note: CUP # 03 - 18 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) Trumpet Vine Farm Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 85 - A - 6C Winchester, VA 22601 Special Event Facility R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: March 9, 2018 RA (Rural Areas District) Staff: tklein RP (Residential Performance District) 03907801,560Feet 365 CUP # 03 - 18 CARSON LN 698 365 VAUCLUSE RD Trumpet Vine Farm FAMILY DR PIN: 696 VAUCLUSE RD 85 - A - 6C 700 Special Event Facility VAUCLUSE RD Location Map 320 CONESTOGA LN 134 STROSNIDER LN 388 VAUCLUSE RD 530 VAUCLUSE RD CUP #03-18 85 A 6C 151 320 CONESTOGA LN CONESTOGA LN 515 6246 VAUCLUSE VALLEY SPRING PIKE 6310 VALLEY 205 PIKE VAUCLUSE RD 301 263 6380 VAUCLUSE RD VAUCLUSE RD VALLEY PIKE 281 VAUCLUSE RD 01 6460 11 VALLEY PIKE 6470 6283 VALLEY 245 VALLEY PIKE VAUCLUSE RD PIKE 6486 VALLEY PIKE 6519 § ¨¦ VALLEY 81 PIKE 172 KLINES 01 MILL RD 11 Note: CUP # 03 - 18 Frederick County Dept of Trumpet Vine Farm Planning & Development I 107 N Kent St PIN: Suite 202 85 - A - 6C Winchester, VA 22601 Special Event Facility 540 - 665 - 5651 Location Map Applications Map Created: March 9, 2018 Parcels Staff: tklein Building Footprints 03907801,560Feet ORDINANCE ____________________________ Action: PLANNING COMMISSION:April 4, 2018 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: April 11, 2018 ORDINANCE CONDITIONAL USE PERMIT #03-18 TRUMPT VINE FARMS SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #03-18for a Special Event Facility, submitted byTrumpet Vine Farmswas considered.The subject property is generallylocated south of the Town of Stephens City, about 2 miles south of Route 11, on Vaucluse Road (Route 638) and is further identified with Property Identification Number 85-A-6C,in the Back CreekMagisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use PermitonApril 4, 2018 andrecommended approval of the Conditional Use Permit with conditions;and, WHEREAS, the Frederick County Board of Supervisors held a public hearing onthis Conditional Use Permit during their regular meeting on April 11, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisorsthat Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application#03-18for a Special Event Facilityon the parcel identified by Property Identification Number 85-A-6Cwith the following conditions: 1.All review agency comments shall be complied with at all times. 2.An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. PDRes #11-18 1 3.A commercial entrance, including recordation of a sight distance easement, should be permitted and complete within one (1) year approval of this CUP. 4.Events shall start no earlier than10 a.m. and all events and related activities shall conclude by midnight. 5.Events may accommodate up to and not to exceed 450 persons. 6.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7.Any expansion or modification of this use will require the approval of a new CUP. Passed this 11thday of April2018by the following recorded vote: Charles S. DeHaven, Jr., ChairmanGary A. Lofton J.Douglas McCarthyJudith McCann-Slaughter Shannon G. TroutBlaine P. Dunn Robert W. Wells A COPY ATTEST ____________________________ Kris C. Tierney rator Frederick County Administ PDRes #11-18 2 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 M E M O R A N D U M TO:Frederick County Board of Supervisors FROM:Mark R. Cheran, Zoning Administrator RE:PUBLIC HEARING-Request to add Parcels 84-A-47B, 84-A-49B, 84-A-49G, 84-A-48A, 84-A-48and 85-A-3A, owned by Roy McDonaldandLoretta McDonald to theSouthFrederickAgricultural and Forestal District. DATE:March 29,2018 Please find attached a form from Roy McDonald and Loretta McDonald, dated December 8,2017. The have requested to add sixparcels to the South FrederickAgricultural and Forestal District. The South FrederickAgricultural and Forestal District was established in 1980. The most recent renewal of this District occurred in October 2017for a period of five years. Currently, 6,248.71+/-acres are containedin this District. Mr. and Mrs. McDonalddesire to add sixparcels totaling 351.8+/-acres to the South Frederick Agricultural and Forestal District. Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners with the ability to request to add land to the Agricultural and Forestal District through a public process via the local governing body. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting onJanuary 23, 2018. The ADAC unanimously recommended that the sixparcels totaling 351.8+/- acres to be added to the South Frederick Agricultural and Forestal District. The addition of the 351.8+/-acres will increase the South Frederick Agriculturaland Forestal District to 6,600.51+/- acres.The Planning Commission considered this request during their meeting on March 7, 2018. The Planning Commission unanimously recommended that the six parcels totaling 351.8+/-acres to be added to the South Frederick Agricultural and Forestal District. The addition of the 351.8+/-acres will increase the South Frederick Agricultural and Forestal District to 6,600.51+/-acres. Mapping is included in the agendawhich delineates the location of this acreage and its proximity to other land within the South Frederick Agricultural and Forestal District.Following the public hearing, Staff is seeking a decision on the addition of the land into the South Frederick Agricultural and Forestal District. Should both requests be approved by the Board of Supervisors, the South Frederick Agricultural and Forestal District would total 6,776.32+/-acres. Attachment: Resolution MRC/pd 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 Addition to the South Frederick Agricultural and Forestal District This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to update the South Frederick Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The South Frederick Agricultural and Forestal District (District) was established in 1980. This is a request to the South Frederick Agricultural and Forestal District to increase the District, by adding six (6) parcels of 351.8+/- acres. LOCATION AND SIZE This District is located in the Back Creek Magisterial District and currently contains 6,248.71+/- acres. This proposed addition of six (6) parcels (tax map numbers 84-A-47B, 84-A-49B, 84-A- 49G, 84-A-48, 84-A-48A, and 85-A-3A) totaling 351.8+/- acres have requested to be included in the South Frederick Agricultural and Forestal District. The addition of these six (6) parcels will bring the acreage of the District to 6,600.51+/- acres. Please see attached map. AGRICULTURAL & FORESTAL SIGNIFICANCE The predominantly agricultural operations in the new District are 90 percent agriculture (orchard, and crop harvesting) and 10 percent open-space/woodlands. The area within the District is rural in nature. LAND USE All parcels within the proposed District are in agricultural or residential use. COMPREHENSIVE PLAN The 2035 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The addition of these parcels within the District are outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and are not part of any land use plan or study by the County. The current land use should remain in its present land use of pristine condition with orchards, agricultural, and residential. LAKES/PONDS/STREAMS The proposed District lies primarily within the Opequon Creek and Stephens Run drainage area. water resources. SOILS The general relief of the District varies from rolling hills to ridges to the north, west, south and east. This District lies within the Opequon Creek watershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL The largest amount of prime agricultural soils located within the District is Frederick- Poplimento. STAFF COMMENTS Based on this information, Staff feels that the additions to this District are agriculturally significant as outlined in the Agricultural and Forestal Districts Act and the 2035 Comprehensive Policy Plan (Comp Plan), which labels the area as rural. The intent of the Rural Areas is to character of areas outside of the UDA. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan supports additions to and renewal of the District, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations while providing a reserve of agricultural land through the year 2020. AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 01/23/18 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to add six (6) parcels totaling 351.8+/- acres to the South Frederick Agricultural and Forestal District which would increase the South Frederick Agricultural and Forestal District to 6,600.51+/- acres. PLANNING COMMISSION SUMMARY & ACTION OF THE 03/07/18 MEETING: Staff reported this is a request to add six (6) parcels totaling 351.8+/- acres to the South Frederick Agricultural and Forestal District, a location map of the property was provided. Staff noted the most recent renewal of this District occurred in October 2017 for a period of five (5) years. It was noted, the South Frederick Agricultural and Forestal District currently contains 6,248.71+/- acres and the addition of this request will increase the South Frederick Agricultural and Forestal District to 6,600.51+/- acres. A motion was made, seconded, and unanimously passed to recommend approval. (Note: Commissioner Marston was absent from the meeting) 2015-2020 South Frederick Addition Agricultural & Forestal District 84 A 47B 84 A 48A 84 A 48 Stephens City 84 A 49G 84 A 49B 85 A 3A 01 11 Addition Parcels PINOwnerAcres 84 A 47BMCDONALD, ROY E & LORETTA G, TRUSTEE121.85 84 A 48MCDONALD, ROY E & LORETTA G, TRUSTEE204.09 84 A 48AMCDONALD, ROY E & LORETTA G, TRUSTEE6.34 84 A 49BMCDONALD, ROY E & LORETTA G, TRUSTEE10.00 84 A 49GMCDONALD, ROY E & LORETTA G, TRUSTEE5.00 85 A 3AMCDONALD, ROY E & LORETTA G, TRUSTEE4.52 I Note: Frederick County Dept of Planning & Development 107 N Kent St. Suite 202, Winchester, VA 22601 00.150.30.6Miles 540 - 665 - 5651 Map Created: December 19, 2017 01 37 ST 622 Winchester ST 628 01 37 ST 622 § ¨¦ 81 84 A 47B 01 84 A 48 Stephens City 11 84 A 48A ST 84 A 49B 628 84 A 49G 01 347.28 Acre Addition 277 § ¨¦ 81 85 A 3A 4.52 Acre Addition Future Route 37 Bypass District Acreage: 6,600.51 Ac. I 2015-2020 South Frederick Addition Agricultural & Forestal District Note: 00.4250.851.7Miles Frederick County Dept of Planning & Development 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: December 19, 2017 ORDINANCE Action: PLANNING COMMISSION:March 7, 2018 -RecommendedApproval BOARD OF SUPERVISORS:April 11, 2018 ADDITION TO THE SOUTH FREDERICKAGRICULTURAL & FORESTAL DISTRICT WHEREAS, an addition to the 2015-2020 South Frederick Agricultural & Forestal District was considered. Roy and Loretta McDonald desire to add six (6) parcels identified by Property Identification Numbers 84-A-47B, 84-A-48, 84-A-48A, 84-A-49B, 84-A-49G and 85-A-3A to the South Frederick Agricultural & Forestal District located in the Back Creek Magisterial District. This request was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District AdvisoryCommittee(ADAC) recommended approval of this additiononJanuary23, 2018; and WHEREAS, the Planning Commission held a public hearingon this addition to the 2015- 2020 South Frederick Agricultural & Forestal District on March 7, 2018 and recommended approval of this addition; and WHEREAS, the Board of Supervisors held a public hearing on this addition to the 2015- 2020 South FrederickAgricultural & Forestal DistrictonApril 11, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the addition tothe 2015-2020 South FrederickAgricultural & Forestal District contributesto the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts theaddition to the2015-2020 South FrederickAgricultural& Forestal District of351.89± acres in the Back CreekMagisterial District, with an expirationdate of May 27, 2020. This Agricultural & Forestal District is as described on the attached map dated 12/19/17and the attached property owners table dated 12/19/17. PDRes. #13-18 -2- This ordinance shall be in effect on the day of adoption. Passed this 11thday of April2018by the following recorded vote: Charles S. DeHaven,Jr.,ChairmanGary A. Lofton J.Douglas McCarthyRobert W. Wells Shannon G. TroutJudith McCann-Slaughter Blaine P. Dunn A COPY ATTEST _________________________________ Kris C. Tierney Frederick County Administrator PDRes. #13-18 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 M E M O R A N D U M TO:Frederick County Board of Supervisors FROM:Mark R. Cheran, Zoning Administrator RE:PUBLIC HEARING-Request to add Parcels 84-A-6D, 84-A-49E, 84-A-53C, 84- A-53D,and84-A-53E, owned by JasonMcDonaldand JenniferMcDonaldto the SouthFrederickAgricultural and Forestal District. DATE:March 29, 2018 Please find attached a form from JasonMcDonald and JenniferMcDonald, dated December 8,2017. The have requested to add fiveparcels to the South FrederickAgricultural and Forestal District. The South FrederickAgricultural and Forestal District was established in 1980. The most recent renewal of this District occurred in October 2017for a period of five years. Currently, 6,248.71+/-acres are contained in this District. Mr. and Mrs. McDonalddesire to add fiveparcels totaling 175.81+/-acres to the South Frederick Agricultural and Forestal District. Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners with the ability to request to add land to the Agricultural and Forestal District through a public process via the local governing body. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting onJanuary 23, 2018. The ADAC unanimously recommended that the fiveparcels totaling 175.81+/- acres to be added to the South Frederick Agricultural and Forestal District. The addition of the 175.81+/-acres will increase the South Frederick Agriculturaland Forestal District to 6,424.52+/- acres. The Planning Commission considered this request during their meeting on March 7, 2018. The Planning Commission unanimously recommended that the fiveparcels totaling 175.81+/-acres to be added to the South Frederick Agricultural and Forestal District. The addition of the 175.81+/-acres will increase the South Frederick Agricultural and Forestal District to 6,424.52+/-acres. Mapping is included in the agenda which delineates the location of this acreage and its proximity to other land within the South Frederick Agricultural and Forestal District.Following a public hearing, Staff is seeking a decision on the addition of the land into the South Frederick Agricultural and Forestal District. Should both requests be approved by the Board of Supervisors, the South Frederick Agricultural and Forestal District would total 6,776.32+/-acres. Attachment:Resolution MRC/pd 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 Addition tothe South FrederickAgricultural and Forestal District This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to update the South Frederick Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of theCode of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The South Frederick Agricultural and Forestal District (District) was established in 1980. This is a request to the South Frederick Agricultural and Forestal Districttoincreasethe District, to add fiveparcels of 175.81+/-acres. LOCATIONAND SIZE This District is located in the Back CreekMagisterial Districtandcurrentlycontains 6,248+/- acres.The proposed addition of fiveparcels (tax map numbers:(84-A-6D, 84-A-49E, 84-A- 53C, 84-A-53D,and 84-A-53E)will bring the acreage of the District to 6,423.81+/-acres. Five parcels (tax map numbers 84,-A-6D, 84-A-49E, 84-A-53C, 84-A-53D, and 84-A-53E)totaling 175.81+/-acres have requested to be included intheSouth Frederick Agricultural and Forestal District.Pleasesee attached map. AGRICULTURAL & FORESTAL SIGNIFICANCE The predominantly agricultural operations in the new District are 90percent agriculture (orchard, and crop harvesting)and 10percent open-space/woodlands. The area within the District is rural in nature. LAND USE All parcelswithin the proposed District are in agricultural or residential use. COMPREHENSIVE PLAN The 2035Comprehensive Policy Plan of Frederick County(Comp Plan)provides guidance when considering land use actions.The additionof these parcels within theDistrict areoutside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), andarenot part of any land use plan or study bythe County.The current land use shouldremain in its present land use of pristine condition with orchards,agricultural, and residential. LAKES/PONDS/STREAMS The proposed District lies primarily within the Opequon Creek and Stephens Rundrainage area. water resources. SOILS The general relief ofthe District varies from rolling hills to ridges to the north,west,south and east. This District lieswithin the OpequonCreekwatershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL The largestamount of prime agricultural soils located within the DistrictisFrederick- Poplimento. STAFF COMMENTS Based on this information, Staff feels that the additions to this District are agriculturally significant as outlined in the Agricultural and Forestal Districts Act and the 2035Comprehensive Policy Plan (Comp Plan),which labels the area as rural.The intent of the Rural Areas is to character of areas outside of the UDA. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan supports additions toand renewal of the District, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations while providing a reserve of agricultural land through the year 2020. AGRICULTURAL DISTRICT ADVISORYCOMMITTEE FOR THE 01/23/18 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to add five (5) parcels totaling 175.81+/-acres to the South Frederick Agricultural and Forestal District which would increase the South Frederick to 6,424.52+/-acres. PLANNINGCOMMISSION SUMMARY & ACTION OF THE 03/07/18 MEETING: Staff reported this is a request to add five (5) parcels totaling 175.81+/-acres to the South Frederick Agricultural and Forestal District,a location map of the propertywas provided. Staff continuedthe most recent renewal of this District occurred in October 2017for a period of five (5)years. It was noted, the South Frederick Agricultural and Forestal District currently contains 6,248.71+/-acres and the addition of this request will increase theSouth Frederick Agricultural and Forestal District to 6,424.52+/-acres. A motion was made, seconded, and unanimously passed to recommend of approval. (Note: Commissioner Marston was absent from the meeting) 2015-2020 South Frederick Addition Agricultural & Forestal District 84 A 49E 84 A 6D 84 A 53C 84 A 53D 01 11 84 A 53E Addition Parcels PINOwnerAcres 84 A 6DMCDONALD, JASON S & JENNIFER A95.98 84 A 49EMCDONALD, JASON S & JENNIFER A5.40 84 A 53CMCDONALD, JASON S & JENNIFER A16.51 84 A 53DMCDONALD, JASON S & JENNIFER A31.84 84 A 53EMCDONALD, JASON S & JENNIFER A26.08 I Note: Frederick County Dept of Planning & Development 107 N Kent St. Suite 202, Winchester, VA 22601 00.10.20.4Miles 540 - 665 - 5651 Map Created: December 19, 2017 01 37 ST 622 Winchester ST 628 01 37 ST 622 § ¨¦ 81 01 Stephens City 11 ST 628 01 277 84 A 6D 84 A 49E 84 A 53C § ¨¦ 84 A 53D 81 84 A 53E 175.81 Acre Addition Future Route 37 Bypass District Acreage: 6,776.32 Ac. I 2015-2020 South Frederick Addition Agricultural & Forestal District Note: 00.4250.851.7Miles Frederick County Dept of Planning & Development 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: December 19, 2017 ORDINANCE Action: PLANNING COMMISSION:March 7, 2018 -RecommendedApproval BOARD OF SUPERVISORS:April 11, 2018 ADDITION TO THE SOUTH FREDERICKAGRICULTURAL & FORESTAL DISTRICT WHEREAS, an addition to the 2015-2020 South Frederick Agricultural & Forestal District was considered. Jasonand JenniferMcDonald desire to add five(5) parcels identified by Property Identification Numbers 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D, and 84-A-53Eto the South Frederick Agricultural & Forestal Districtlocated in the Back Creek Magisterial District. This request was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee(ADAC) recommended approval of this additiononJanuary23, 2018; and WHEREAS, the Planning Commission held a public hearingon this additionto the 2015- 2020 South Frederick Agricultural & Forestal Districton March 7, 2018 and recommended approval of this addition; and WHEREAS, the Board of Supervisors held a public hearing on this addition to the 2015- 2020 South FrederickAgricultural & Forestal DistrictonApril 11, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the addition tothe 2015-2020 South FrederickAgricultural & Forestal District contributesto the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors asfollows: The Frederick County Board of Supervisors hereby adopts theaddition to the2015-2020 South FrederickAgricultural& Forestal District of175.81± acres in the Back CreekMagisterial District, with an expirationdate of May 27, 2020. This Agricultural & Forestal District is as described on the attached map dated 12/19/17and the attached property owners table dated 12/19/17. PDRes. #12-18 -2- This ordinance shall be in effect on the day of adoption. Passed this 11thday of April2018by the following recorded vote: Charles S. DeHaven,Jr.,ChairmanGary A. Lofton J.Douglas McCarthyRobert W. Wells Shannon G. TroutJudith McCann-Slaughter Blaine P. Dunn A COPY ATTEST _________________________________ Kris C. Tierney Frederick County Administrator PDRes. #12-18 MASTER DEVELOPMENT PLAN #01-18 Carbaugh Business Center Staff Report for the Board of Supervisors Prepared: April 2, 2018 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. ReviewedAction Planning Commission: 03/07/18Reviewed Board of Supervisors: 04/11/18Pending PROPOSAL: The Applicant seeks todevelop107.21acres of land zoned M1 (Light Industrial) for the purposes of developing light industrial and warehousing uses. This Master Development Plan (MDP) alsoincludes dedication of 60 feet (FT) of right-of-way (ROW) along Shady Elm Road(Route 651), 20 FT of ROW along future Renaissance Drive (extended), a maximum of two (2) commercial entrances along Renaissance Drive andbuffering and screening. The Applicant is also seeking a waiver of §144-24(C)of the Subdivision Ordinance to allow for the future division of lots with access provide by private streets extending from Renaissance Drive. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 74-A-68&74-A-69 LOCATION: The properties are located immediately south ofShady Elm Road (Route 651)and immediately north of the CSX Railroad (see attached vicinity map). PROPERTY ZONING & PRESENT USE: Zoned:M1 (Light Industrial)Use: Residential/Agricultural ZONING & PRESENTUSE OF ADJOINING PROPERTIES: North:M1 (Light Industrial)Use:Vacant/Unimproved South:RA (Rural Areas)Use: Residential East:RA(Rural Areas)Use:Vacant West:RA(Rural Areas)Use:Residential STAFF CONCLUSIONS FOR THE 04/11/18BOARD OF SUPERVISORSMEETING: The Master Development Plan for Carbaugh Business Center appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for the approved Rezoning #04-17.Allthe issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant. MDP #01-18,Carbaugh Business Center April 2, 2018 Page 2 The Applicant is also seeking a waiver of §144-24(C) of the Subdivision Ordinance to allow for the future division of lots with access provide by private streets extending from Renaissance Drive. The Board of Supervisors The Planning Commission recommended approval of the waiver request. would need to grant the waiver as part of their consideration of the MDP. It appears that the application meets all requirements.Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. REVIEW EVALUATIONS: Virginia Department of Transportation :The draft master development plan for this property appears to have a measurable impact on Route 651, the initial VDOT facility that would provide access to the property. The application as presented appears acceptable. Before development, this office will require a complete set of construction plans detailing entrance design, drainage features and traffic flow data. Please see attached letter dated January 24, 2018. Frederick County Fire Marshal :MDP approved. Please see attached letter dated December 27, 2017. Frederick County Public Works: Upon review of the master development plan (MDP), we offer the following comments: The plan shows a wastewater force main running north along the existing CSX Railroad. The development of this force main will need to be coordinated with the construction ofthe future Renaissance Drive. Also, the overhead power line running through this area (triple-3 phase line owned by Rappahannock Electric Cooperative (REC)) will have to be buried underground so it will not conflict with the construction of the bridge for the subject road. Theforce main will need to be place so it will not conflict with the underground power lines. Due to existing karst geology, an extensive geotechnical engineering evaluation will be need at the time of site plan development. Please see attached letter dated February 12, 2018. Virginia Department of Health: Please see attached lettersdatedDecember 21, 2017 and July 18, 2017from Herbert Cormier, Environmental Health Supervisor. Frederick Water: Please see attached letter dated January 24, 2018 from Eric R. Lawrence, Executive Director. MDP #01-18,Carbaugh Business Center April 2, 2018 Page 3 Planning & Zoning: A)Master Development Plan Requirement A Master Development Plan is required prior to development of this property. Before a MDP can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the MDP conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the MDP is to promote orderly and planned development of the property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B)Site History On December 13, 2017, the Board of Supervisors approved Rezoning Application (REZ) #04-16 whichrezoned approximately107.21-acres from theRA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning District to enable to construction of light industrial and warehouse-type uses with proffered improvements, including dedication of right-of-way for future transportation enhancements and buffering and screening. C)Site Suitability & Project Scope Comprehensive Plan: The 2035 Comprehensive Policy Planis an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this Plan is to protect and improve the livingenvironment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use Compatibility: The subject properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Planof the 2035 Comprehensive Plan. The Kernstown Area Plan identifies these properties with an industrial land use designation as outlined in the Shady Elm Economic Development Area, whichis generally consistent with the requested M1 zoning designation. The Shady Elm Economic Development Area is designed to be a significant area of industrial and commercial opportunity that is fully supportive of the County Economic Development Authorit future regional employment centers. Site Access and Transportation: The Eastern Road Planof the 2035 Comprehensive Planand the Kernstown Area Planboth call for the extension of a new major collector roadway though the subject parcel (74-A-68), which is adjacent to the Artillery Business Center Development which was rezoned in 2007 and revised in 2015.This new major collector roadway, Renaissance Drive, has been constructed from Valley Pike (Route 11) to the limits of the CXS Railroad. The 2035 Comprehensive Plancalls for this roadway to be extended to Shady Elm Road. Theplan also calls for Shady Elm Road to be MDP #01-18,Carbaugh Business Center April 2, 2018 Page 4 improved four lane divided collector roadway. Site access to the subject property will be totwo (2)entrances fromRenaissance Drive; access to the site is prohibited from Shady Elm Road. Future subdivision of lots within Carbaugh Business Center may require construction ofinternal roads and drives. Under the Subdivision Ordinance, §144-24(C), all lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation(VDOT). As part of this MDP application, the owner is requesting a waiver of the above requirement, to allow for the future subdivision of lots with access provided by private streets. The Applicant states a private road wouldprovide flexibility in the design and constructionof the streetas opposed to a public roadway, and would provide flexibility in the arrangement of lots. STAFF CONCLUSIONSFOR THE 03/07/18PLANNING COMMISSION MEETING: The Master Development Plan for Carbaugh Business Center appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for the approved Rezoning #04-17.Allthe issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. Further, staff finds the request for a waiver request to allow for the subdivision of lots with access provided by public streets extending from Renaissance Drive to be appropriate. PLANNING COMMISSION SUMMARY FOR 03/07/18 MEETING: Staff provided a general overview of the proposed Master Development Plan (MDP), noting it was for information purposes only. Staff explained it was in general conformance with the requirements of the Frederick County Zoning Ordinance and the approved rezoning application. Staff highlighted proffered improvements including frontage improvements along Shady Elm Road and future Renaissance Drive, buffering and screening along the roadway frontage and the potential location of entrances from Renaissance Drive. Staff noted that a waiver of §144-24(C) of the Subdivision Ordinance was also being requestedas part of the MDP to allow for the future division of lots with access provided from private versus public streets extending from Renaissance Drive. There were not comments from the Applicant. The Planning Commission recommended approval of the waiver request. STAFF CONCLUSIONSFOR THE 04/11/18BOARD OF SUPERVISORSMEETING: The Master Development Plan for Carbaugh Business Center appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for the approved Rezoning #04-17.Allthe issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant. The Applicant is also seeking a waiver of §144-24(C) of the Subdivision Ordinance to allow for the future division of lots with access provide by private streets extending from Renaissance Drive. MDP #01-18,Carbaugh Business Center April 2, 2018 Page 5 The Planning Commission did not have any comments on the MDP and recommended approval of the The Board of Supervisors would need to grant the waiver as part of their waiver request. consideration of the MDP. It appears that the application meets all requirements.Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. 74 3 1 MDP # 01 - 18 75 A 1B 62 A 40 74 3 2 ST 75 A 1C Carbaugh Business Center 651 75 A 1F PINs: 74 A 67 74 3 3 74 - A - 68, 74 - A - 69 Zoning Map HEDGEBROOK HILLS Subdivision 74 3 8 74 3 9 74 3 15 74 3 7 75 A 1 74 3 4 74 3 6 74 3 10 74 3 5 74 3 11 75 A 2F 74 3 12 74 3 13 75 A 2Q MDP #01-18 74 3 14 74 A 66 75 A 2R 74 6 5 74 A 68 75 A 2C KERNSTOWN BUSINESS PARK 74 6 6 74 6 4 74 6 1 Subdivision 74 6 3 74 6 12A 74 6 2 74 6 775 A 2C 74 6 12B 74 6 9 74 6 8 74 6 11 74 6 10 SHADY 74 6 12 ELM FARMS 74 A 71 Subdivision 75 A 12 74 A 63 MDP #01-18 74 A 69 74 A 62 ST 651 74 A 61 74 A 64 75 A 13 75 A 16 74 A 70 74 A 59 75 A 17A 74 A 57A 74 A 72 01 37 74 A 65 75 A 15 Applications 74 A 73 01 Sewer and Water Service Area 74 A 58 ST 11 649 Parcels 75 A 17 Building Footprints 75 A 18 74 A 74 74 A 57B B1 (Neighborhood Business District) 75 A 25A75 A 19 B2 (General Business District) 74 A 57 74 A 55 74 A 74 § ¨¦ B3(Industrial Transition District) 75 A 20 81 74 A 54 01 EM (Extractive Manufacturing District) 74 A 75 75 A 23 11 75 A 21 HE (Higher Education District) 75 A 22 M1 (Light Industrial District) Note: MDP # 01 - 18 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) Carbaugh Business Planning & Development I MS (Medical Support District) 107 N Kent St Center Suite 202 OM (Office - Manufacturing Park) PINs: Winchester, VA 22601 R4 (Residential Planned Community District) 74 - A - 68, 74 - A - 69 540 - 665 - 5651 R5 (Residential Recreational Community District) Zoning Map Map Created: February 13, 2018 RA (Rural Areas District) Staff: tklein RP (Residential Performance District) 03256501,300Feet 74 3 1 MDP # 01 - 18 75 A 1B 62 A 40 74 3 2 ST 75 A 1C Carbaugh Business Center 651 75 A 1F PINs: 74 A 67 74 3 3 74 - A - 68, 74 - A - 69 Location Map HEDGEBROOK HILLS Subdivision 74 3 8 74 3 9 74 3 15 74 3 7 75 A 1 74 3 4 74 3 6 74 3 10 74 3 5 74 3 11 75 A 2F 74 3 12 74 3 13 75 A 2Q MDP #01-18 74 3 14 74 A 66 75 A 2R 74 6 5 74 A 68 75 A 2C KERNSTOWN BUSINESS PARK 74 6 6 74 6 4 74 6 1 Subdivision 74 6 3 74 6 12A 74 6 2 74 6 775 A 2C 74 6 12B 74 6 9 74 6 8 74 6 11 74 6 10 SHADY 74 6 12 ELM FARMS 74 A 71 Subdivision 75 A 12 74 A 63 MDP #01-18 74 A 69 74 A 62 ST 651 74 A 61 74 A 64 75 A 13 75 A 16 74 A 70 74 A 59 75 A 17A 74 A 57A 74 A 72 01 37 74 A 65 75 A 15 74 A 73 01 74 A 58 ST 11 649 75 A 17 75 A 18 74 A 74 74 A 57B 75 A 25A75 A 19 74 A 57 74 A 55 74 A 74 § ¨¦ 75 A 20 81 74 A 54 01 74 A 75 75 A 23 11 75 A 21 75 A 22 Note: MDP # 01 - 18 Frederick County Dept of Carbaugh Business Planning & Development I 107 N Kent St Center Suite 202 PINs: Winchester, VA 22601 Applications 74 - A - 68, 74 - A - 69 540 - 665 - 5651 Sewer and Water Service Area Location Map Map Created: February 13, 2018 Parcels Staff: tklein Building Footprints 03256501,300Feet COUNTY ofFREDERICK 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 Solar (Photovoltaic) Energy FacilityDiscussion DATE: April 2, 2018 This is a proposed amendment to Chapter 165 ZoningOrdinanceto add solar (photovoltaic) power generating facilities (i.e. solar farms)to the conditionaluse list for the RA (Rural Areas) Zoning District. Currently, public utility generating facilities are allowed by-right in the RA Zoning District. Solar generating energy facilities are typically privately-ownedand thus do not fall under the definition of a.Staff has drafted a revision to the Zoning Ordinance to include a definition fora ,d supplementary use regulations,andrevised the conditionaluses use list for the RA Zoning District to allow solar energy facilitieswith an approved Conditional Use Permit (CUP).The intent of this modification is to provide additional opportunities Areas, that preserve the rural and agricultural integrity of these areas and are consistent with the goals and strategies outlined in the 2035 Comprehensive Policy Plan. This item was proposed through a request from a private developerand discussed by the Development Review and Regulations Committee (DRRC) at their July 27,2017,August 24,2017and September 28,2017regular meetings.The DRRC recommendedsolar energy facilities be included in the RA Zoning District as a by-right use.The Planning Commission discussedthis item on November 15, 2017 and agreed with the proposed text amendment fromthe DRRC. The Board of Supervisors discussed this item on January 10and February 14, 2018.Following the Board of Supervisors discussioninFebruary,Staff was directed to amendthetext amendment to specify solar energy facilities may be allowed in the RA District with an approved Conditional Use Permit.The reason for this change as discussed by the Board is to allowadjacent property ownersand the general public to provide comment on the consideration of a potential solar power generating facility. Staff is seeking The attached document shows the existing ordinance with the proposed changes. direction from the Board of Supervisors on this Zoning Ordinance text amendment. Attached is a resolution directing the item to a public hearing should the Board of Supervisors deem it to be appropriate. Attachments:1. Revisedordinance with additions shown in bold underlined italics. 2.Resolution MTK/pd ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS Part 101 General Provisions § 165-101.02 Definitions and word usage. Solar (Photovoltaic) Energy Facility An energy conversion system consisting of photovoltaic panels, sstructures, and associated, control, conversion, and transmission hardware for the primary purpose of generating electrical power to be sold to a public utility or in the electricity market. Such a facility may also be termed a .Photovoltaic panels, support structures, and associated, control, conversion, and hardware primarily designed to offset personal energy consumption by the owner of the facility does not constitute a solar (photovoltaic) energy facility. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPE Part 204 Additional Regulations for Specific Uses § 165-204.32. Solar (Photovoltaic) Energy Facility Solar (Photovoltaic) Energy Facilities in the RA (Rural Areas) District shall be subject to the following requirements: A.An engineered site plan, in accordance with the requirements of to and approved by Frederick County. B.The facility shall be located on a property consisting of six (6) or more acres. C.The facility shall, at a minimum, meet the setback requirement f District. D.Buffers and screening (including distance, opaque elements, and determined by the Zoning Administrator at time of site plan. E.All wiring not on the solar arrays shall be underground except w the electricity transmission grid. F.Within 30 days of abandonment, the owner of the property shall notify the Zoning Administrator of cessation of use. Within two (2) years of the date of letter notifying the Zoning Administrator of abandonment, the owner of the property shall physically remove all components of the facility. If not removed within the allotted time, the County may have it removed at the expense of the owner of the property. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 RA Rural Areas District § 165-401.03 Conditional Uses. {·©Ò-·Ò©;­ “7 Œ“7 ­wŒŒ ,; Ò­;7 Eš© š“; šE ·w; EšŒŒšÞz“m Ò­;­t TT. Solar (Photovoltaic) Energy Facility RESOLUTION ____________________________ Action: BOARD OF SUPERVISORS: April 11, 2018 APPROVED DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING 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 §165-204.32. SOLAR (PHOTOVOLTAIC) ENERGY FACILITY ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT §165-401.03 CONDITIONAL USES WHEREAS, an ordinance to amend Chapter 165, Zoning to allow Solar Energy Facilities in the RA (Rural Areas) Zoning District was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the change at their July 27, August 24 and September 28, 2017, regular meetings to allow Solar Energy Facilities in the RA (Rural Areas) Zoning District; and WHEREAS, the Planning Commission discussed the proposed change at their regularly scheduled meeting on November 15, 2017 and agreed with the proposed change; and PDRes #02-18 -2- WHEREAS, the Board of Supervisors discussed the proposed change at their regularly scheduled meetings on January 10, 2018, and February 14, 2018 and directed Staff to amend the text amendment to specify solar energy facilities may be allowed in the RA District with an approved Conditional Use Permit; and WHEREAS, the Board of Supervisors discussed the changes they had directed Staff to make at their regularly scheduled meeting on April 11, 2018; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow Solar Energy Facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. Passed this 11th day of March 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Blaine P. Dunn Shannon G. Trout Robert W. Wells Judith McCann-Slaughter A COPY ATTEST _____________________ Kris C. Tiereny Frederick County Administrator PDRes #02-18