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HomeMy WebLinkAboutApril 25 2018 Board_Agenda_PacketAGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 25, 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 April 9, 2018 Regular Meeting of April 11, 2018 Committee Reports -------------------------------------------------------------- B Parks and Recreation Commission ---------------------------------------------------------------------------------- C Finance Committee --------------------------------------------------------- D Summer& Holiday Board Meeting Schedule --------------------------------------------------------------- E Road Resolution – Fieldstone Section II ------------------------------------------------------- F Resolution of Appreciation for Louis F. Dusing Resolution Honoring the 2018 VHSL Class 4 State Champion ---------------------------------- G Millbrook High SchoolPioneers Girls’ Basketball Team (For presentation at a future meeting to be determined) 1 Citizen Comments – Agenda Items that are not the subject of a Public Hearing Board of Supervisors Comments County Officials --------------------------------------------------------------------------- H Presentation by Flags of Valor ----------------------------------------------------------------------------------- I 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 Historic Resources Advisory Board Shawnee District Representative Term of Carl Rush expires 05/22/18. Mr. Rush is willing to serve if reappointed. ----------------------------------- J Petition for Mountain Falls Park to become a Sanitary District ---------------------------------- K Requests from the Commissioner of the Revenue for Refunds Rolling Frito Lay Sales, L.P. - $3,283.76 Essroc Ready Mix Corp - $3,946.74 Committee Business Parks and Recreation Commission -------------------- L 1.ResolutionAuthorizing Preserving Open Space at Frederick Heights 2.Set Public Hearing for Frederick Water Easement Sherando Park B Finance Committee C ) 1.The Sheriff requests a General Fund supplemental appropriation in the amount of $12,723 This amount represents prisoner extradition mileage reimbursemenNo local funds required. The committee recommends approval. 2.The Sheriff requests a General Fund supplemental appropriation in the amount of $27,941.25 This amount represents reimbursement for four (4) auto insuranceNo local funds required. The committee recommends approval. 3.The Sheriff requests a General Fund supplemental appropriation in the amount of $32,287.50. This amount represents unbudgeted revenue received for local traNo local funds required. The committee recommends approval. 2 Finance Committee,continued 4.The Sheriff requests a General Fund budget transfer in the amount of $100,000 for the purchase of an armor vehicle for the Tactical Team. This amount represents funexpected to be unspent for the current year which are budgeted for health insurance. The committee recommends denial. 5.The Winchester Regional Airport Executive Director requests an FY19 Airport Capital Fund supplemental appropriation in the amount of $705,000. This amount represents the Airport Capital budget for FY19. The committee recommends approval. 6.The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $20,000. This amount represents a donation from McKee Foods Corporation for the installation of the Frederick Heights Trail. No local funds required. The committee recommends approval. 7.The Voter Registrar requests a General Fund supplemental appropriation in the amount of $43,603.70. This amount represents funds needed for the June primary elections. Local funds are required. The committee recommends approval. 8.The Finance Department requests a General Fund supplemental appropriation in the amount of $2,527.72. This amount represents Winter Storm Jonas 2016 reimbursement from VDEM for Middletown, Clearbrook, Gainesboro, and North Mountain Fire & Rescue companies. No local funds required. The committee recommends approval. C ) Public Hearings (Non Planning Issues) Outdoor Festival Permit Request of Meso Creso –Nomadico------------------------------------------------M 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 Friday, June 8, 2018, from 12:00 Noon to Monday, June 11,2018, 12:00 Noonon the Grounds of the Cove Campground, 980 Cove Road, Gore, Virginia in the Back Creek Magisterial District.Property Owned by Alexander W. K. McDowell and McDowell Family, LLC. Planning Commission Business Public Hearings Rezoning #05-17 for O-N Minerals (Chemstone)-------------------------------------------------------------------N d/b/a Carmeuse Lime & Stone, CONTINUED from March 14, 2018 Submitted by Lawson and Silek, PLC., to Amend the Proffers for this Property; Rezoning 394.2 Acres from the EM (Extractive Manufacturing) District with Proffer to the EM (Extractive Manufacturing) District with Revised Proffers. The Properties are Situated Generally West of the Town of Middletown.Specifically, the Middle Marsh Property is Located East of Belle View Lane (Route 758), and West and Adjacent to Hites Road (Route 625) and is Further Traversed by Chapel Road (Route 627).The Northern Reserve is Bounded to the South by Cedar Creek and is West and Adjacent to Meadow Mills Road (Route 624).The Properties are Identified with Property Identification Numbers 83-A-109 and 90-A-23 in the Back Creek Magisterial District. 3 Public Hearings, continued Conditional Use Permit #02-18 for Alisha Feltner –--------------------------------------------------------------O Submitted for a Cottage Occupation for a Nail Salon.The Property is Located at 464 Layside Drive, Winchester, Virginia and is Identified with Property Identification Number 51-A-129 in the Back Creek Magisterial District. Other Planning Business -None Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn 4 MINUTES Frederick County Board of Supervisors BudgetWork Session Monday, April 9, 2018 4:00p.m. Board Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr.; ViceChairman 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;Rod Williams, County Attorney; Ellen Murphy, Commissioner of the Revenue; William Orndoff, Treasurer; Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Finance Committee members present: Angela Rudolph CALL TO ORDER Chairman DeHaven called the meeting to order at 4:04p.m. DISCUSSION The Board discussed the proposed airplane tax. By consensus, the Board agreed to set the tax rate at $0.50 per $100 of assessed value only on aircraft under 20,000 pounds. The Board discussed a proposal from Supervisors Dunn and McCarthy that calls for a reduction in school operating funds of $865,000 which would be allocated to school capital with a corresponding appropriation from fund balance, and $570,000 from the one cent real estate tax increaseto be budgeted for school capital expenses. Supervisor Slaughter noted that there may be increased coststo the County if the General Assembly approves Medicaid expansion. Supervisor Trout said she preferred that monies from the proposed one-cent tax increase be spent on adding deputies and suggested taking the $2.7 million from the fund balance to fully fund the schools’ request. Supervisor McCarthy said the proposal was not a reduction in funding since it is an increase over the previous year. He noted constituents had called for better school building 1 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes:Budget Work Session April 9, 2018 maintenance. Supervisor Slaughter expressed support for the Dunn-McCarthy proposal. Supervisor Trout said the proposed budget is a reduction in planned operating expenses and will affect the staff and students. She said the proposal is not in line with what constituents have been asking for. Vice Chairman Lofton expressedsupport for the Dunn-McCarthy proposal. Supervisor Trout said she appreciated the one-cent tax increase and added that it is not wise to reduce the schools’ operating expenses. Supervisor McCarthy referenced the comment about students being affected and said that children also suffer when building maintenance is not performed. Vice Chairman Lofton said that the school overcrowding data is artificial because the school division had recently adopted state recommendations containing new numbers. Supervisor Trout said the overcrowding issue is real and cited an example from her classroom when she did not have enough student desks. Supervisor Wells said the situation between the two Boards is about more than money and the Boards need develop a way to trust each other. He said there are capital needs for the schools as well as in the Countyand in the long term, department heads and other leaders need to be trusted. Supervisor Trout said constituents spoke about the Aylor school issue, but they did not realize that a reduction in the school operating budget was on the table. Supervisor McCarthy said that maintenance should be done first followed by adding to the operating budget. He said that the Aylor issue needs to be dealt with, and if the fund balance is used then the County will not be able to pay for the next unfunded mandate. Supervisor Dunn said he does not like the one-cent tax increase, but sees it as buying time for a year. He said that the County needs to raise revenue. Supervisor Trout expressed concern that the Board has not been compromising with the schools and appears to be telling the School Board to reduce spending rather than asking that itdo so. The Chairman said there appeared to be consensus and asked Ms. Shiffler to clarify the wording of the draft budget resolution. Ms. Shiffler said the resolution will call for an increase in the real estate taxrateof one-cent per $100 of assessed value, atax of $0.50 per $100 of assessed 2 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes:Budget Work Session April 9, 2018 value on aircraft under 20,000 pounds,a reduction of $865,000 from school operating with a similr increase in school capital, $570,000 from the one-cent real estate tax increase appropriated for school capital, and an appropriation of $865,000 from fund balance designated for school capital expenses. OTHER Supervisor Slaughter requested that staff prioritize proposed capital expenses as well as new position requests. By consensus, the Board agreed to work sessions scheduled for 4:00 pm on April 17, and April 24, 2018. The Board and staff discussed whether both the proposed budget and the proposed tax rate should be specified in one motion and resolution,as has been the normal procedure, or if the two items should be handled in separate motions. Supervisor Slaughter provided information on school capacity based on square footage. By consensus the Board agreed to request that a representative of the School Board attend a work session to provide clarification on the issue. ADJOURN There being no further business, the meeting was adjourned at 5:25p.m. 3 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes:Budget Work Session April 9, 2018 MINUTES 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 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; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Planner and Ann W. Phillips, Deputy Clerk to the Board of Supervisors CALL TO ORDER Chairman DeHaven called the meeting to orderat 7:00 p.m. INVOCATION Vice Chairman Lofton delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor McCarthy led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor McCarthy, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA – APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, the consent agenda was adopted on a voice vote. -Minutes:Budget Work Session ofMarch 28, 2018 - CONSENT AGENDA APPROVAL -Minutes: Meeting of March 28, 2018 - CONSENT AGENDA APPROVAL -Minutes:Budget Work Session ofApril 4, 2018 - CONSENT AGENDA APPROVAL -Transportation Committee Report (Appendix 1) - CONSENT AGENDA APPROVAL -Resolution for Employee of the Month Jonathan D. Beckley- CONSENT AGENDA APPROVAL FREDERICK COUNTY EMPLOYEE OF THE MONTH 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 1 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors upon recommendation by the Human Resources Committee selects one employee from those nominated; and, WHEREAS, Jonathan D. Beckley who serves as a Correctional Officer II with the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and, WHEREAS, On January 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 in the 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 this th 11 day of April 2018, that Jonathan D. Beckley is hereby recognized as the Frederick County Employee of the Month for April 2018; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Jonathan D. Beckley for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Jonathan D. Beckley is hereby entitled to all of the rights and privileges associated with his award. + + + + + + + + + + + + -Resolution of Opposition to Expanded Medicaid in Virginia - CONSENT AGENDA APPROVAL RESOLUTION IN OPPOSITION TO MEDICAID EXPANSION IN THE COMMONWEALTH OF VIRGINIA WHEREAS, the Board of Supervisors of the County of Frederick, Vi about the proposed expansion of Medicaid, specifically the finan level and WHEREAS, the best available estimates project an increase in Med County to be somewhere between 2,500 and 3,000 new cases, and WHEREAS, based on those projections, Frederick County would be f increase staffing within the Department of Social Services with the anticipated an this new staffing being in excess of $390,000, exclusive of the 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 wi for current staff members and WHEREAS, our concerns and frustrations are further magnified by Frederick budget, but the General Assembly has failed County is attempting to finalize the annual County to resolve this issue which significantly impacts our local budget, and WHEREAS, without any financial assistance or cost sharing from t yet another unfunded mandate thrust upon local governments with bill, NOW, THEREFORE, BE IT RESOLVED THAT the County of Frederick is o expansion of the Medicaid Program in the Commonwealth of Virginia, and BE IT FURTHER RESOLVED THAT as the General Assembly prepares to important issue, we, the Frederick County Board of Supervisors, significant local impact of Medicaid expansion and BE IT FINALLY RESOLVED THAT ultimately, should the decision be m Medicaid, it is imperative that the Commonwealth include funding will be forced to administer the program. + + + + + + + + + + + + CITIZEN COMMENTS -None BOARD OF SUPERVISORS COMMENTS - None 2 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 COUNTY OFFICIALS: COMMITTEE APPOINTMENTS Mr. Tibbs noted that staff will be forwarding some recently received applications for the position on the Board of Building Appeals. PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO JONATHAN D. BECKLEY Chairman DeHaven and Vice Chairman Lofton presented the Employee of the Month Award to Jonathan D. Beckley. REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Mr. Tierney explained there were two requests for refunds that have been reviewed by the County Attorney. Supervisor Slaughter moved for approval of and corresponding supplemental appropriations for the refund request by Shenandoah Refrigeration, Inc. for $3.283.76, and by Duncan H. Pollitt for $3,946.74. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye + + + + + + + + + + + + Supervisor Trout stated she wants to disclose for the record, relative to the following item and pursuant to the State and Local Government Conflict of Interests Act, that she is employed by Frederick County Public Schools as a teacher and therefore is a member of a group who is or may be affected by the item, and that she is able to participate in the transaction fairly, objectively, and in the public interest. ADOPTION OF FISCAL YEAR 2018-2019 BUDGETAND APPROPRIATIONSAND SETTING OF 2018 TAX RATES –APPROVED Supervisor Slaughter moved that that the Board adopt a real estate tax rate and, as to aircraft, a personal property tax rate, as follows: • $0.61 per $100 of assessed value on real estate; • $0.01 per $100 of assessed value on aircraft having a registered empty gross weight equal to or greater than 20,000 pounds that are not owned or operated by scheduled air carriers recognized under federal law; and • $0.50 per $100 of assessed value on all other aircraft. Supervisor Wells seconded the motion. Vice Chairman Lofton said a lot of hard work has been put in the budget. He said he is in favor of the increased airplane tax but he will be voting against the proposed real estate tax 3 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 increase. Supervisor Trout said that although she is in favor of the tax support the budget because it does not meet the needs of the com increase is not enough to fully fund the school divisions budge the capital needs. She referenced the many constituents who cam investment in the community. Supervisor Trout said that this budget not only does not address the needs, it sets the County up for failure in the future as th current infrastructure. She concluded saying the proposed budget is not and will cause the quality of life to decline in the future. The motion setting the tax rates for 2018 carried on the following roll call vote: Blaine P. Dunn Aye Shannon G. Trout No Gary A. Lofton No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye Mr. Tierney explained there were two proposed budget resolutions: one enclosed in the agenda packet, and the alternate version prepared following the April 9, 2018, budget work session. He said the figures in the two versions vary somewhat in how the funds are appropriated, and in the funds budgeted for school operating expenses with the newer alternate version of the resolution calling for $865,000 less than the previous version. Mr. Tierney said the third difference in the versions is the newer alternate specifies $2.3 million for school capital costs. Supervisor Slaughter moved for approval of the alternate version of the budget resolution for 2018-2019 as agreed by consensus of the Board at the April 9, 2018, work session. Supervisor Wells seconded the motion. Vice Chairman Lofton said hard work had gone in to the budget resolution and he is in favor of the increased spending on capital needs. He said that since had voted against the tax increase, he would abstain from voting on the budget resolution. Supervisor Dunn said the alternate budget resolution increases school funding by 5.36% and $8.5 million over last year and is an attempt to bridge competing interests. He said the community is growing and asked that it be recognized that this budget is an increase in school funding that addresses capital needs as expressed by the School Board. Supervisor Slaughter thanked those involved in the budget process including Supervisor McCarthy and Chairman DeHaven for contacting School Board Chairman Dr. Lamanna, and Supervisor Dunn for his spreadsheet work. She said the budget has evolved and noted that the General Assembly has not yet concluded the state budget process which will affect Frederick County. Supervisor Slaughter noted that the question of Medicaid expansion in Virginia has yet to be decided and that the County may be facing an unfunded mandate. She referenced the schools’ capital needs saying the alternate budget calls for an additional $2.3 million for school capital projects in addition to $8 million more in operating funds than last year. She concluded saying that the alternate budget addresses most of the public safety needs and has a reduction in the use of fund balance in comparison to last year. Supervisor McCarthy said the alternate budget is far from perfect adding that the Board hears from two constituencies: those who favor a tax increase and those who are opposed to a tax 4 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 increase. He said that all agree that there are school buildings falling into disrepair. He continued saying that though the proposed budget offers less in school operating funds, there is still an increase over the current year,adding that before new programs are started the current capital needs should be addressed. Supervisor McCarthy said that he had been opposed to a tax increase, but after hearing the comments about school maintenance he supports the increase because the capital needs will be met. He encouraged the School Board to use leftover funds at year end toward maintenance expenses and said he looked forward to a better working relationship with the School Board in the future, especially as the issue of Aylor Middle School is addressed. The motion for adoption of the alternate budget resolution was carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout No Gary A. Lofton Abstain Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye FY 2018-2019 BUDGET RESOLUTION WHEREAS a notice of public hearing and budget synopsis has been pub hearing held on March 28, 2018, in accordance with Title 15.2, C-2506, of the Code of Virginia, 1950 as amended. THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, 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 $426,399,578. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2018-2019 fiscal year be adopted and the funds appropriated as follows: General Operating Fund $181,468,228 Regional Jail Fund 22,789,176 Landfill Fund 7,502,138 Division of Court Services Fund 562,348 Shawneeland Sanitary District Fund 1,085,091 Airport Operating Fund 1,646,442 Lake Holiday Sanitary District Fund 779,998 EMS Revenue Recovery Fund 1,522,400 Economic Development Authority Fund 603,483 School Operating Fund 168,455,680 School Debt Service Fund 14,966,405 School Capital Projects Fund 3,300,000 5 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 School Nutrition Services Fund 8,000,493 School Textbook Fund 4,261,037 NREP Operating Fund 5,491,659 NREP Textbook Fund 65,000 Consolidated Services/Maintenance Fund 3,600,000 School Private Purpose Funds 300,000 BE IT FURTHER RESOLVED that the Board of Supervisors of the Coun does herein adopt the tax rates for the 2018 assessment year as Property Taxes  Rates per $100 of assessed value $0.61 Applied to real estate, including mobile homes Applied to personal property including $4.86 business equipment $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 $0.01 Applied to aircraft having a registered empty gross weight equal to or greater than 20,000 pounds that are not owned or operated by scheduled air carriers recognized under federal law $0.50 Applied to all other aircraft Zero tax Applied to antique vehicles and mopeds $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 On apportioned percentage of book values to be applied to Contract Carrier Vehicles and equipment 6 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 Business and Professional Occupational License Rates Contractors $0.16 per $100 of gross receipts Retail $0.20 per $100 of gross receipts Financial, Real Estate, and Professional $0.58 per $100 of gross receipts Services Repair, personal and business services $0.36 per $100 of gross receipts and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.05 per $100 of purchases The tax rates for other businesses and occupations specifically are also unchanged. Other General Taxes Meals tax 4% of gross receipts Transient Occupancy tax 2.5% of gross receipts Vehicle License Taxes $25 per vehicle and $10 per motorcycle Sanitary Landfill Fees $50 Per ton for commercial/industrial $45 Per ton for construction demolition debris $20 Per ton for municipal waste $38 Per ton for municipal sludge $15 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $560 Improved Lots Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots 7 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 Lots owned by Lake Holiday Country Club, Inc. $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $45 annually Green Acres $25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, special gr benefits fund, maintenance insurance fund, development project f commonwealth sales tax fund, unemployment compensation fund, Forfeited Assets Program and Four-For-Life, Fire Programs and Economic Incentive funds equal to the t on hand at July 1, 2018, plus the total amount of receipts for t-2019. The Fire Company Capital appropriation will include the current year funds at the end of the fiscal year 2018. BE IT FURTHER RESOLVED that funding for all outstanding encumbra 2018, 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 a carryforward in the amount that equals the approved original pro and encumbrances through June 30, 2018. + + + + + + + + + + + + COMMITTEE BUSINESS – None PUBLIC HEARINGS (Non Planning Issues) - None + + + + + + + + + + + + PLANNING COMMISSION BUSINESS Public Hearings CONDITIONAL USE PERMIT #03-18 for TRUMPET VINE FARM, LLC - APPROVED 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 theBack Creek Magisterial District. Planner Tyler Kleinsaid the request is for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings or other similar type events and such special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. He said the Applicant, Trumpet Vine Farm, has been operating a special event facility for weddings and other events since 2012 under the County’s annual Festival Permit process, and currently has an approved Festival Permit (approved by the Board of Supervisors on March 14, 2018), which will be superseded by this CUP application. 8 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 Mr. Klein said 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, a storage building, and a gravel parking area to accommodate guests/visitors. He said the special event center will be accessed via a private driveway from Vaucluse Road (Route 638). Mr. Klein continued saying portable restroom facilities will be provided for special events, and in the future, the Applicant may also construct permanent restroom facilities and a larger enclosed space for indoor events. He said the property is surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. Mr. Klein noted the Board of Supervisors added “special event facilities” to the conditional use list for the County’s Rural Areas Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism, and the proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan. Mr. Klein said that 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. 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. 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 than 10 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. Supervisor Slaughter inquired about the consequence of the CUP if the applicant were not able to get the sight-distance easement mentioned in the VDOT comment. Mr. Klein said this issue is covered by the applicant agreeing to follow all review agency comments where conditions are specified. He said that if the easement were not granted, then the matter would be brought back to the Board for revocation of the permit. Mr. Spears, the applicant, said he is working on the easement issue. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of Conditional Use Permit #03-18 for Trumpet Vine Farm, LLC. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye 9 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 ORDINANCE CONDITIONAL USE PERMIT #03-18 TRUMPT VINE FARMS SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #03-18 for a Special Event Facility, submitted by Trumpet Vine Farms was considered. The subject property is generally located ens City, about 2 miles south of Route 11, on Vaucluse Road (Route 638) an Identification Number 85-A-6C, in the Back Creek Magisterial Dis WHEREAS, the Frederick County Planning Commission held a public hearing o Conditional Use Permit on April 4, 2018 and recommended approval Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 11, WHEREAS, the Frederick County Board of Supervisors finds the approval of Use Permit to be in the best interest of the public health, safend in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise treflect that Conditional Use Permit Application #03-18 for a Special Event Facility on the parcel identified by Property Identification Number 85-A-6C with the following conditions: 1. All review agency comments shall be complied with at all time 2. An illustrative sketch plan, in accordance with the requiremethe Fredrick County Zoning Ordinance, shall be submitted to and approved by F establishment of the use. 3. A commercial entrance, including recordation of a sight dista permitted and complete within one (1) year approval of this CUP. 4. Events shall start no earlier than 10 a.m. and all events and 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 feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the apCUP. + + + + + + + + + + + + SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT, ROY AND LORETTA MCDONALD, 364 CARSON LANE –APPROVED 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. SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT, JASON AND JENNIFER MCDONALD, 388 VAUCLUSE ROAD –APPROVED 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. Zoning & Subdivision Administrator Mark Cheran said there were two requests from family members to add a total of 11 parcels to the South Frederick Agricultural and Forestal Districtwhich was established in 1980. He said the most recent renewal of this District occurred in October 2017 with 6,248.71+/- acres contained in the District currently. Mr. Cheran said the Planning Commission unanimously recommended that the 11parcels be added to the South Frederick Agricultural and Forestal District. He concluded saying should both requests be approved by the Board of Supervisors, the South Frederick Agricultural and Forestal District would total 6,776.32+/- acres. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton said he appreciated the applicants being good stewards and preserving agricultural land by placing it in the District. He moved for approval of adding six 10 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 parcels at 364 Carson Lane to the South Frederick Agricultural and Forestal District. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-SlaughterAye ORDINANCE ADDITION TO THE SOUTH FREDERICK AGRICULTURAL & 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) parceIdentification 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 Magis request was reviewed by the Agricultural District Advisory Committee (ADAC), and the Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this addition on January 23, 2018; and WHEREAS, the Planning Commission held a public hearing on this addition t Frederick Agricultural & Forestal District on March 7, 2018 and of this addition; and WHEREAS, the Board of Supervisors held a public hearing on this addition Frederick Agricultural & Forestal District on April 11, 2018; an WHEREAS, the Frederick County Board of Supervisors finds the addition to South Frederick Agricultural & Forestal District contributes to 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 the addiSouth Frederick Agricultural & Forestal District of 351.89± acres in the Back CrDistrict, with an expiration date of May 27, 2020. This Agricultural & Forestal Didescribed on the attached map dated 12/19/17 and the attached property owners table dated 12/1 the day of adoption. + + + + + + + + + + + + Vice Chairman Lofton moved for approval of adding five parcels at 388 Vaucluse Road to the South Frederick Agricultural and Forestal District. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye ORDINANCE ADDITION TO THE SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT WHEREAS, an addition to the 2015-2020 South Frederick Agricultural & Forestal District was considered. Jason and Jennifer McDonald desire to add five (5) p Identification Numbers 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D, and 84-A-53E to the South Frederick Agricultural & Forestal District located in the Back Creek Magis request was reviewed by the Agricultural District Advisory Committee (ADAC), and the Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this addition on January 23, 2018; and WHEREAS, the Planning Commission held a public hearing on this addition t 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 Frederick Agricultural & Forestal District on April 11, 2018; an WHEREAS, the Frederick County Board of Supervisors finds the addition to the 2015-2020 South Frederick Agricultural & Forestal District contributes to the co 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 the addiSouth Frederick Agricultural & Forestal District of 175.81± acres in the Back CrDistrict, with an expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the attached map dated 12/19/17 and the attached property owners table dated 12/1 the day of adoption. 11 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 + + + + + + + + + + + + Other Planning Business WAIVER FOR MASTER DEVELOPMENT PLAN #01-18, CARBAUGH BUSINESS CENTER - APPROVED The Applicant intends to develop 107.21 acres of land zoned M1 (Light Industrial) and is seeking a waiver of §144-24(C) of the Subdivision Ordinance to allow for the future division of lots with access providedby private streets extending fromRenaissance Drive. Planner Tyler Klein said the applicant seeks to develop 107.21 acres of land zoned M1 (Light Industrial) for the purposes of developing light industrial and warehousing uses and the Master Development Plan (MDP) also includes 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 entrancesalong Renaissance Drive and buffering and screening.He said the applicant is seeking a waiver of §144-24(C) of the Subdivision Ordinance to allow for the future division of lots with access provided by private streets extending from Renaissance Drive. Mr. Klein continued saying 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. He said it is also in conformance with the proffers for the approved Rezoning #04-17. The Planning Commission did not have any comments on the MDP and recommended approval of the waiver request. Vice Chairman Lofton asked for verification that if further subdivision occurred, the resulting lots would remain zoned M1 Light Industrial and not residential. Mr. Klein verified that statement. Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, the waiver request was approved on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye + + + + + + + + + + + + ORDINANCE AMENDMENT –SOLAR (PHOTOVOLTAIC) ENERGY FACILITIES - RETURNED TO PLANNING DEPT. FOR ADDITIONAL REVIEW 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 for uses in the County’s Rural Areas that preserve the ruraland agricultural integrity of these areas and are consistent with the goals and strategies outlined in the 2035 Comprehensive Policy Plan. Planner Tyler Kleinsaid the 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. He said currently, public utility generating facilities are allowed by-right in the RA Zoning District, and solar generating energy facilities are typically privately-owned and thus do not fall under the definition of a “public utility.” Mr.Klein said staff has drafted a revision to the Zoning Ordinance to include a definition for a “solar 12 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 (photovoltaic) energy facility,” provided supplementary use regulations, and revised the conditional uses use list for the RA Zoning District to allow solar energy facilities with an approved Conditional Use Permit (CUP). He added the intent of this modification is to provide additional opportunities for uses in the County’s Rural 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. Mr. Klein said this item was discussed by the Development Review and Regulations Committee (DRRC) at their July 27, 2017, August 24, 2017 and September 28, 2017 regular meetings and the DRRC recommended solar energy facilities be included in the RA Zoning District as a by-right use. He continued saying the Planning Commission discussed this item on November 15, 2017 and agreed with the proposed text amendment from the DRRC. Mr. Klein said the Board of Supervisors discussed this item on January 10 and February 14, 2018, and following the Board of Supervisors discussion in February, Staff was directed to amend the text 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 allow adjacent property owners and the general public to provide comment on the consideration of a potential solar power generating facility. Mr. Klein concluded saying Staff was seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment, noting the item could be directed to a public hearing should the Board of Supervisors deem it to be appropriate. The Board discussed the requirement of a CUP for individual properties, the minimum acreage requirement and the possibility of requiring a surety bond as part of the CUP to provide for clean up work in the case of a solarfarm being abandoned. Chairman DeHaven noted that the CUP is tied to the property and may not be a good vehicle for addressing abandonment issues. Supervisor Slaughter said that other localities require a surety bond so that the County does not have to front the money to pay for clean-up of an abandoned solar farm. The Board, Mr. Tierney, and County Attorney Rod Williams discussed options for addressing protecting the County in the case of a solar farm being abandoned, and further discussed determining the definition of abandonment. Mr. Tierney noted that a CUP is granted in perpetuity and the administration of such a requirement may be burdensome. The Board and staff discussed the difference between a surety bond and the more often used option of placing a lien on a property when the County must expend resources to address an issue. By consensus, the Board agreed to send the matter back to Planning Department Staff with direction to review options for addressing the surety bond or lien issue, the definitionof abandonment, and a way for the owner to pay the cost in the case of abandonment. Mr. Tierney noted the difficulty of determining when an abandoned solar farm has reached the point of being such a nuisance that it would necessitate tax payer dollars being spent for remediation. BOARD LIAISON REPORTS - None CITIZEN COMMENTS 13 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 Beth Shalap, Back Creek District, said a petition has been delivered to the County Administration office which requests that Mountain Falls Park subdivision become a County- administered sanitary district. She said there has been mismanagement at the Wild Acres POA, which had been handling road maintenance issues, and the POA no longer has the finances to do the job even though the membership dues were raised 33 and1/3 percent on January 1, 2018. She requested the Board begin the process to determine the necessary cost estimates for each developed and undeveloped lot to become part of the sanitary district. Vice Chairman Lofton said the state law has changed and there is no clear process for this request. He said he has been discussing the issue with County Staff and the matter may be on the next meeting agenda. Joy Kirk, Frederick County Education Association president and Back Creek District resident, thanked the Board and staff for the work on the budget. She thanked the Board for the one cent tax increase adding that it is not enough. She said the schools will now have to choose between teaching the students and having a roof over their heads. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn said next year’s budget will be more interesting because the new elementary school will need to be funded. He said the budget process is a long arduous process with competing interests and expressed hope that other options for funding will be found. Supervisor Trout said she has forwarded an idea about surveying constituents to find out their priorities before the next budget process. Supervisor McCarthy thanked Mr. Tierney and his staff, including the Finance Department staff, for their work on the budget preparation. Supervisor Wells said in working on the budget no one gets everything he wants, and the process involves picking and choosing. He said he heard a need to come together as one community, and he thanked the County Staff for the work on the budget. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 8:12 P.M. 14 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 BOS Minutes of April 11, 2018  Appendix 1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director - Transportation RE: Transportation Committee Report for Meeting of March 26, 2018 DATE: March 27, 2018 The Transportation Committee met on Monday, March 26, 2018 at 8:30 a.m. MembersPresentMembers Absent Gary Lofton Chairman(voting)Mark Davis (liaison Middletown) JudithMcCann-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 LanePetition: 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 to be 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 recommended that Staff included Ruebuck Lane in the next update of the Secondary Road Improvement Plan. 2.MPO Work Program: Staff provided a brief overview and provided clarity of the Winchester Frederick Metropolitan Planning Organization (MPO) work programs for the coming year. 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 15 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 -2- The Committee discussed the potential studies or plans in long-range planning work programs. It was recommended that Staff present to the MPO Technical Advisory Committee as follows in prioritized order: 1.Route 7 2.Route11 North 3.Lenoir Drive 4.Exit 313-Route 50/Route 522 5.Hopewell Road/Cedar Hill Road spilt interchange 3.County ProjectUpdates 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 the Department 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 FirstEnergy are 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% bridge designer has provided some preliminary options. Staff is awaiting a response from CSX regarding the design reviewagreement. 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 Study update 16 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 May Begin Interstate, Primary, and Secondary Road Plan updates (dependent on VDOT projections becoming available) TBD Oakdale Crossing Traffic Calming Study 5.OtherBusiness: Upcoming CTB hearing JAB/ks 17 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 11, 2018 RESOLUTION Frederick County Board of Supervisors DEAD OF EASEMENT TO FREDERICK COUNTY SANITATION AUTHORITY (dba Frederick Water) WHEREAS , Frederick County, VA hereby grant and convey unto the Frederick County Sanitation Authority (dba Frederick Water) a deed of easement across County of Frederick, VA property on the plat entitled "Plat Showing an Easement to be Conveyed to FrederickCounty Sanitation Authority Across the Land of The County of Frederick, Opequon Magisterial District, Frederick County, Virginia"; and WHEREAS, said parcel is identified as:Frederick County, Virginia -Tax Parcel Number 86-A-143;and WHEREAS, Frederick County Sanitation Authority (dba Frederick Water) has requested a deed of easement on the above-referenced parcel for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines; and WHEREAS, the Board of Supervisors hereby grants and convey unto the Authority, its successors and assigns, and easement and right of way. NOW, THEREFORE, BE IT RESOLVED , that the Frederick County Board of Supervisors hereby authorizes the County Administrator, Kris Tierney, to grant a deed of easement for the above described property to Frederick County Sanitation Authority (dba Frederick Water) on behalf of the County. Adopted this ___ day of May, 2018. 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 COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: April 18, 2018 SUBJECT: Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street Wednesday, April 18, 2018 at 8:00 a.m. Member Jeff Boppe and non-voting liason William Orndoff were absent. () Items 1 and 2 were approved under consent agenda. 1.() The Sheriff requests a General Fund supplemental appropriation in the amount of $12,723.94.This amount represents prisoner extradition mileage reimbursemen funds required. See attached memos, p. 3  6. 2.() The Sheriff requests a General Fund supplemental appropriation in the amount of $27,941.25.This amount represents reimbursement for four (4) auto insurance funds required. See attached memos, p. 7  14. 3.The Sheriff requests a General Fund supplemental appropriation in the amount of $32,287.50. This amount represents unbudgeted revenue received for local tra required. See attached memo, p. 15  17. The committee recommends approval. for the purchase 4.The Sheriff requests a General Fund budget transfer in the amount of $100,000 of an armor vehicle for the Tactical Team. This amount represen for the current year which are budgeted for health insurance. S 18. The committee recommends denial. FY19 Airport Capital Fund 5.The Winchester Regional Airport Executive Director requests an supplemental appropriation in the amount of $705,000. This amount represents the Airport Capital budget for FY19. See attached information, p. 19  25. The committee recommends approval. 107 North Kent Street Winchester, Virginia 22601 1 Finance Committee Report and Recommendations April 18, 2018 Page 2 6.The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $20,000. This amount represents a donation from McKee Foods Corporation f installation of the Frederick Heights Trail. No local funds required. See attached memo, p. 26. The committee recommends approval. 7.The Voter Registrar requests a General Fund supplemental appropriation in the amount of $43,603.70.This amount represents funds needed for the June primary electio are required. See attached memo, p. 27  28. The committee recommends approval. 8.The Finance Department requests a General Fund supplemental appropriation in the amount of $2,527.72.This amount represents Winter Storm Jonas 2016 reimbursement fro Middletown, Clearbrook, Gainesboro, and North Mountain Fire & Re funds required. See attached information, p. 29. The committee recommends approval. INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for March 2018. See attached, p. 30. 2.The Finance Director provides financial statements ending March 31, 2018. See attached, p. 31  41. 3.The Finance Director provides an FY 2018 Fund Balance Report endApril 12, 2018. See attached, p. 42. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph By ___________________________ Cheryl B. Shiffler, Finance Director 2 3 5 6 7 8 9 10 11 12 13 14 15 18 23 24 25 26 MEMORANDUM To: Frederick County Finance Committee From: Rick Miller, Voter Registrar, Frederick County Subject: Supplemental Budget Request for June 12, 2018 Democratic and Republican Primaries Date: Wednesday, April 11, 2018 The Voter Registrar requests to be placed on the Fredrick County Finance Committee Agenda for the Wednesday, April 18, 2018 meeting. The purpose of this request is to seek approval of the Supplemental Budget Request for the Democratic and Republican Primariesto be held on Tuesday, June 12, 2018. The amount of the Supplemental Budget Request is $ 43,603.70. This amount will Cover all expenses related to the Democratic and Republican Primaries to be held on Tuesday, June 12, 2018. This Supplemental Budget Request is to be done from the 2017 – 2018 Budget year. 27 June 12, 2018 Democratic and Republican Party Primaries th Offices  Democratic  House of Representatives 10 Congressional District th - Republican  U. S. Senate, House of Representatives 10Congressional District Supplemental Budget Request Line Item Budget Requests 13010 - Electoral Board 1003  000 - Part Time/Extra Help $ 7,140.00 1006  002 - Compensation of Election Officials $ 25,140.00 3007  000  Advertising $ 250.00 3010  000  Other Contractual Services $ 9,076.50 5204  000  Postage $ 559.50 5401  000  Office Supplies $ 200.00 5506  000  Travel $ 378.00 13020  Registrar 1005  000  Overtime Dep. & Asst. Registrars $ 859.70 TOTAL $ 43,603.70 28 29 MARCH 2018 BUDGET TRANSFERS Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 3/9/2018MAINTENANCE ADMINISTRATIONTIME CLOCK/COUNTY ADMINISTRATION BUILDING43014003000002 (229.33) MAINTENANCE ADMINISTRATION43015401000000 229.33 3/12/2018SHERIFFCOVER EXPENSE FROM FEBRUARY31023004000002 (425.95) SHERIFF31023004000001 425.95 3/12/2018SHERIFFNOTARY FEE31025413000000 (45.00) SHERIFF 31025801000000 45.00 3/12/2018SHERIFFUNIFORMS, BOOTS, BADGES31025402000001 (1,639.53) SHERIFF31025410000000 1,639.53 3/13/2018COMMISSIONER OF THE REVENUEDUES ANNUAL FEE12095801000000 (300.00) REASSESSMENT/BOARD OF ASSESSORS12105801000000 300.00 3/15/2018MANAGEMENT INFORMATION SYSTEMSTRAVEL12225401000000 (200.00) MANAGEMENT INFORMATION SYSTEMS 12225506000000 200.00 3/20/2018COUNTY OFFICE BUILDINGS/COURTHOUSEGENERATOR RENTAL AT ROUND HILL43045101000007 (3,690.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43049001000007 3,690.00 3/26/2018MANAGEMENT INFORMATION SYSTEMSMIS POSTAGE AND TELEPHONE12225401000000 (300.00) MANAGEMENT INFORMATION SYSTEMS12225204000000 300.00 3/26/2018SHERIFFTO COVER COMCAST EXPENSE31023008000000 (100.00) SHERIFF31025299000000 100.00 3/27/2018FIRE AND RESCUEREPLACE NORTH MOUNTAIN TOWER GENERATOR35055413000000 (11,330.00) FIRE AND RESCUE35058009000000 11,330.00 3/28/2018REASSESSMENT/BOARD OF ASSESSORSGAS - ADDITIONAL ASSESSOR12105411000000 (525.00) REASSESSMENT/BOARD OF ASSESSORS12104003000002 525.00 3/28/2018COMMISSIONER OF THE REVENUEGAS - INCREASED ASSESSOR12093007000000 (400.00) COMMISSIONER OF THE REVENUE12094003000002 400.00 3/28/2018COUNTY OFFICE BUILDINGS/COURTHOUSEGENERATOR REPAIR AT ROUND HILL43043010000007 (1,200.00) COUNTY OFFICE BUILDINGS/COURTHOUSE 43043004000009 1,200.00 3/28/2018COUNTY OFFICE BUILDINGS/COURTHOUSEINSUFFICIENT FUNDS FOR HEAT43045413000000 (900.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43045102000000 900.00 3/28/2018COMMISSIONER OF THE REVENUENETWORK SWITCH FOR NEW CLERK AREA12093004000001 (370.11) COMMISSIONER OF THE REVENUE12095401000000 370.11 COMMISSIONER OF THE REVENUE12093005000000 (456.00) COMMISSIONER OF THE REVENUE12095401000000 456.00 COMMISSIONER OF THE REVENUE12093010000000 (3,270.00) COMMISSIONER OF THE REVENUE12095401000000 3,270.00 COMMISSIONER OF THE REVENUE12094003000001 (200.00) COMMISSIONER OF THE REVENUE12095401000000 200.00 COMMISSIONER OF THE REVENUE12095204000000 (3,870.00) COMMISSIONER OF THE REVENUE12095401000000 3,870.00 COMMISSIONER OF THE REVENUE12095801000000 (100.00) COMMISSIONER OF THE REVENUE12095401000000 100.00 3/28/2018REASSESSMENT/BOARD OF ASSESSORSNEW ASSESSOR FURNITURE AND COMPUTER12103002000000 (6,556.00) REASSESSMENT/BOARD OF ASSESSORS12105401000000 6,556.00 3/28/2018COUNTY OFFICE BUILDINGS/COURTHOUSESEWER LEAK AT ROUND HILL43045405000007 (1,000.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000008 1,000.00 COUNTY OFFICE BUILDINGS/COURTHOUSE43045101000007 (3,000.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000008 3,000.00 3/28/2018REASSESSMENT/BOARD OF ASSESSORSVEHICLE REPAIR AND MAINTENANCE12103007000000 (600.00) REASSESSMENT/BOARD OF ASSESSORS12103004000002 600.00 REASSESSMENT/BOARD OF ASSESSORS12105204000000 (600.00) REASSESSMENT/BOARD OF ASSESSORS12103004000002 600.00 3/31/2018REGISTRARSALARY INCREASE 3/1813025204000000 (875.54) REGISTRAR13025401000000 (875.54) REGISTRAR13021001000002 1,751.08 SHERIFF31021001000032 (4,287.88) SHERIFF31021001000063 4,287.88 SHERIFF31021001000046 (1,809.65) SHERIFF31021002000015 1,809.65 PUBLIC SAFETY COMMUNICATIONS35061001000017 (1,687.00) PUBLIC SAFETY COMMUNICATIONS 35061001000007 1,687.00 4/2/2018BOARD OF SUPERVISORSCOVER DEPOSIT FOR EMPLOYEE PARTY11015506000000 (200.00) OTHER 12245415000001 200.00 4/3/2018COUNTY OFFICE BUILDINGS COURTHOUSEELECTRIC BILLS AT OLD FREDERICK COUNTY MIDDLE SCHOOL43045403000007 (800.00) COUNTY OFFICE BUILDINGS COURTHOUSE43045101000010 800.00 COUNTY OFFICE BUILDINGS COURTHOUSE43045413000007 (600.00) COUNTY OFFICE BUILDINGS COURTHOUSE43045101000010 600.00 4/5/2018TREASURERRECONFIGURE HALF WALL AND STEPS12133002000000 (1,375.00) TREASURER12133004000000 1,375.00 4/5/2018ANIMAL SHELTERSUPPLEMENT LINE ITEM FOR REMAINDER OF FY1843055101000000 (2,500.00) ANIMAL SHELTER43053001000000 2,500.00 30 31 32 33 34 35 36 37 38 39 40 41 42 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Date: April 16, 2018 RE: Fieldstone Subdivision Section II The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Highcliffe Drive, State Route Number 1544 0.16 miles Staff is available to answer any questions. MRC/dlw 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 14th day of February, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Shannon G. Trout Judith McCann-Slaughter A COPY ATTEST _____________________________ Kris C. Tierney Frederick County Administrator PDRes. #14-18 In the County of Frederick By resolution of the governing body adopted April 25, 2018 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): ____________________________________________ Report of Changes in the Secondary System of State Highways Project/Subdivision Fieldstone Section II Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute:§33.2-705 Street Name and/or Route Number Highcliffe Drive, State Route Number 1544 Old Route Number: 0 From: Route 1554, Channing Drive To: 0.16 mile south of Route 1554, Channing Drive, a distance of: 0.16 miles. Recordation Reference: Instr. 060020551 Pg 0600 Right of Way width (feet) = 56' VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: April 25, 2018 Page 1 of 1 FREDERICK COUNTY RESOLUTION OF APPRECIATION LOUIS F. DUSING WHEREAS, Louis F. Dusing served Frederick County, Virginia, for approximately 28 years as an employee at the Northwestern Regional Adult Detention Center; and WHEREAS, Louis F. Dusing began his career as a Correctional Officer in 1990 and received promotions to Correctional Officer II in 1995, Correctional Officer III in 1996, and Sergeant in 2001; and WHEREAS, during his tenure, Louis F. Dusing was known for his strong work ethic, his commitment to the facility, his professionalism, andhis positive attitude, and was recognized as an expert in the areas of policy, jail standards, and overall best practices; and WHEREAS, Louis F. Dusing was a diligent and hard worker who as the Accreditation Sergeant contributed to the 100% compliance rating on many occasions and was nominated and chosen as Employee of the Quarter for the fourth quarter of 2013; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Louis F. Dusing for his dedication and professionalism and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frede County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 25 day of April 2018. th __________________________ _____________________________ Charles S. DeHaven, Jr. Gary A. Lofton Chairman Back Creek District Supervisor __________________________ _____________________________ J. Douglas McCarthy Blaine P. Dunn Gainesboro District Supervisor Red Bud District Supervisor __________________________ ____________________________ Robert W. Wells Judith McCann-Slaughter Opequon District Supervisor Stonewall District Supervisor ______________________________________________________ Shannon G. Trout Kris C. Tierney Shawnee District SupervisorClerk RESOLUTION HONORING THE 2018 VHSL CLASS 4 STATE CHAMPION MILLBROOK HIGH SCHOOL PIONEERS BASKETBALL TEAM WHEREAS, Millbrook High School opened its doors in 2003; and WHEREAS, during the ensuing fifteen years, its athletic teams have quickly become some of the best in the District and the State; and WHEREAS, the Millbrook High School Basketball Team achieved the pinnacle of greatness by completing an undefeated season, with a record of 28-0, and winning the 2018 VHSL Class 4 State Championship; and WHEREAS, Coach Erick Green, his staff, and the Millbrook High School Basketball team represented this community with distinction and Basketball Tournament; and WHEREAS, this team achieved this honor through a combination of hard work, sweat, tears, and true sportsmanship, which has brought favorable recognition upon themselves, their school, and their community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the 2018 Millbrook High for a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. ADOPTED this 25 day of April, 2018. th __________________________ _____________________________ Charles S. DeHaven, Jr. Shannon G. Trout Chairman Shawnee District Supervisor __________________________ _____________________________ J. Douglas McCarthy Blaine P. Dunn Gainesboro District Supervisor Red Bud District Supervisor __________________________ ____________________________ Robert W. Wells Judith McCann-Slaughter Opequon District Supervisor Stonewall District Supervisor __________________________ _____________________________ Gary A. Lofton Kris C. Tierney Back Creek District Supervisor Clerk COUNTY of FREDERICK County Administrator E-mail: ktierney@fcva.us MEMORANDUM TO: Board of Supervisors Members FROM: Kris C. Tierney, County Administrator RE: Mountain Falls Park –Petition for Creation of a Sanitary District DATE: April 16, 2018 Recent changes to the State Code transferred the authority to create a Sanitary District (SD) from the local Circuit Court to the Board of Supervisors. The only Code requirement to initiate the deliberative process is a petition signed by fifty (50) registered voters within the proposed district. As you are aware, land owners within Mountain Falls Park have submitted a petition stating their interest in “Mountain Falls Park becoming a Sanitary District”.The Voter Registrar has reviewed the petition and verified that it contains sixty-three (63) valid signatures. While the State Code places the responsibility of deciding whether or not to create a SD with the local governing body, it provides little direction as to how you are to decide. The Code simply requires that you hold a public hearing and states that you should seek to answer the questions of whether the creation of the proposed sanitary district, is necessary,practical,fiscally responsibleand is supported by fifty percent (50%)of its residents. Unfortunately, the Mountain Falls petition gives no indication as to why those signing want a Sanitary District established or what services they would hope to receive if it were. It is therefore very difficult to determine whether a district is necessary, practical, or fiscally responsible. Additionally, with only 63 signatures, it is impossible to know whether the concept is supported by 50% of the registered voters. Staff recommends that the Board set a date for the required public hearing on the petition. All residents and landowners in the proposed district have the right to speak in favor of, or against, the creation of a SD. Following the public hearing, there are a number of actions the Board could take including: Create a SD 1)-You could decide to create a sanitary district. If the Board chooses to create the new district, it would need to enact an ordinance that sets the metes and bounds 107 North Kent Street Winchester, Virginia 22601 of the district. The Board may exclude any parcels from the district that would not benefit from inclusion. Decide against creating a SD 2)-If the Board does not choose to create a new sanitary district, the Board need not take further action beyond its vote. Task Residents desiring the SD with Refining their Request- 3)Given that there are only 63 signatures on the petition (there are over 400 lots in the subdivision) andthe petitionprovides no insight into the reasons why adistrict is being sought, the Board could task those residents that are promoting its creation with providingmoreinformation on what they envision a Sanitary District doing, as well as demonstratingthat there is broad support amongst the community for its creation. Refer to staff/Public Works Committee forstudy 4)-You could direct staff toexamine the issues associated with the creation of the proposed sanitary district and develop a proposal (including projected costs) for its creation and operation. The proposal might address such items as: The current status of roads and common areas in the proposed district, including the estimated cost of any needed remediation or repair; The anticipated annual cost of maintaining the proposed sanitary district, to include roads, or other capital projects that are anticipated Staffing needs for the proposed district Necessary fees to be charged to members of the district to support needed upgrades as well as annual district maintenance A means of determining whether the creation of the SD is supported by at least half of residents and landowners Mt. Falls/Wilde Acres. RESOLUTION Frederick County Board of Supervisors AUTHORIZING PRESERVING OPEN SPACE AT FREDERICK HEIGHTS PARK WHEREAS , the Frederick County Parks and Recreation department is installing a parking area and half- mile paved trail at Frederick Heights Park; and WHEREAS , Stormwater Management Regulations require Water Quality Control measures to mitigate phosphorus runoff in the Park; and WHEREAS, dedicating 2.03 acres of Frederick Heights Park as Preserved Open Space, as depicted on the Plat entitled "Preservation Area on the land of Frederick County Parks & Recreation, Tax Parcel 54- A-124A" dated March 19, 2018 and prepared by Christopher G. Blair, licensed land surveyor, will satisfy the Water Quality Control requirements; and WHEREAS, the Parks and Recreation Commission unanimously recommends placing the aforementioned 2.03 acres of Frederick Heights Park into Preserved Open Space to satisfy Water Quality Control requirements; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby designates 2.03 acres of Frederick Heights Park property as Preserved Open Space on behalf of the County, as depicted on the Plat entitled "Preservation Area on the land of Frederick County Parks & Recreation, Tax Parcel 54- A-124A" dated March 19, 2018 and prepared by Christopher G. Blair of Greenway Engineering. The Frederick County Board of Supervisors hereby authorizes staff to cause the aforementioned plat to be filed among the land records in the office of the Clerk of the Circuit Court for Frederick County, Virginia. Adopted this 25th day of April, 2018. 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 APPLICATION FOR OUTDOOR FESTIVAL PERMIT COUNTY OF FREDERICK, VIRGINIA (Please Print Clearly) APPLICANT INFORMATION Meso Creso Name of Applicant: ______________________________________________________________________ 808-226-2871 Telephone Number(s): _________________ _________________ homeofficecellhomeofficecell X 3802 14th St. NW #610 Washington, DC 20011 Address: ________________________________________________________________ nomadicoproduction@gmail.com Contact Email: ________________________________________________________________ FESTIVAL EVENT ORGANIZATIONAL INFORMATION Nomoadico Festival Event Name of Festival: _________________________________________________________ $125-$175x Cost of Admission to Festival: ______________ Business License Obtained: YesNo Maximum No. Estimated No. Start End Date(s) of Tickets Offered of Attendees Time Time For Sale Per Day Per Day June 8, 2018 -June 11, 201812:00pm12:00pm700 total850 (ticket + comps) The Cove Campground 980 Cove Rd. Gore, VA 22637 Location Address: ______________________________________________________ Daniel McDowell and Willis McDowell Owner Name(s): _____________________________________________________________ of Property 980 Cove Rd. Gore, VA 22637 Address: ________________________________________________________________ (*N: Applicant may be required to provide a statement or other docthe owner(s) for use of OTE the property and related parking for the festival.) Meso Creso Promoter Name(s): _____________________________________________________________ 3802 14th St. NW #610 Washington, DC 20011 Address: _____________________________________________________ (*N: For festivals other than not-for-profit, promoter may need to check with the Frederick County Commissioner of Reve OTE determine compliance with County business license requirements; Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in V Meso Creso Financial Name(s): _____________________________________________________________ Backer 3802 14th St. NW #610 Washington, DC 20011 Address: ____________________________________________________________________ Performer Name of Person(s) or Group(s): _________________________________________________A mix of DC, New York and Philadelphia DJ's and bands full line up to be confirmed.This application is for Nomadico, a music and arts festival ________________________________________________________________ produced by Meso Creso, a non-profit, 501(c)(3) educational arts ________________________________________________________________ (*N: Applicant may need to update information as performers are booked for festival OTE FESTIVAL EVENT LOGISTICS INFORMATION AND DOCUMENTATION 1. Attach a copy of the printed ticket or badge of admission to the festiv, containing the date(s) and time(s) of such x festival (may be marked as sample). copy attachedORcopy to be provided as soon as available 2. Provide a plan for adequate sanitation facilities as well as garl for persons at the festival. This plan must meet the requirements of all state and be approved by the VA Department of Health (Lord Fairfax Health ________________________________________________________________ The festival will be located in Camps 6 and 10 at The Cove, whic ________________________________________________________________ access to The Cove's on-site permanent bathrooms and showers. I ________________________________________________________________ which is a ratio of at least 1 toilet for each 33 attendees. Po with at least one handwashing and sanitation station per bank. 3. Provide a plan for providing food, water, and lodging for the persons at the festival. This pla requirements of all state and local statutes, ordinances, and re Department of Health (Lord Fairfax Health District). ________________________________________________________________ Festival attendees will be permitted to bring their own food and ________________________________________________________________ from local stores. In addition, there will be 1-3 food vendors ________________________________________________________________ These vendors will be licensed in VA, and meet the requirements of the Lord Fairfax Health District. festival attendees will be 4. Provide a plan for adequate medical facilities for persons at the festiv state and local statutes, ordinances, and regulations, and must approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. ________________________________________________________________ The festival will be providing 24/7 First Aid services where vol ________________________________________________________________ available to advise and assist in administering basic self-care ________________________________________________________________ or sprains. However, the festival First Aid tent is not designe any potentially serious injury be referred immediately to the lo 5. Provide a plan for adequate fire protection. This plan must mee ordinances, and regulations, and must be approved by the County the local fire and rescue company. ________________________________________________________________ The festival will not involve any large-scale or potentially dan ________________________________________________________________ permitted to use the small campfires and grills that exist on si ________________________________________________________________ ensure adequate safety and precautions. Per the requirements of Marshal to arrange for an on-site visit prior to the festival, a 6. Provide a plan for adequate parking facilities and traffic contr submitted.) ________________________________________________________________ Our parking plan prioritizes adequate traffic control so that ca ________________________________________________________________ or evacuation order. We have secured parking space to accomodat ________________________________________________________________ parking lots will include entry and exit lanes that will be kept attached. YES NO 7. State whether any outdoor lights or lighting will be utilized: x If yes, provide a plan or submit a diagram showing the location of such light boundaries and neighboring properties. In addition, show the lo prevent unreasonable glow beyond the property on which the festival is located. ________________________________________________________________ Some outdoor lighting will be used at this festival to provide l ________________________________________________________________ festival attendees as they navigate the festival grounds. Howev ________________________________________________________________ festival grounds, which is completely surrounded by forest. We YES NO 8. State whether alcoholic beverages will be served: x If yes, provide details on how it will be controlled. ________________________________________________________________ No alcoholic beverages will be served by Nomadico. Pursuant to ________________________________________________________________ to bring their own alcoholic beverages to consume, should they c ___________________________________________________________________ (N: Evidence of any applicable VA ABC permit must also be provided amay need to confirm with OTE the VA ABC that a license is not required from that agency in ors to any event that is open to the general public upon payment of the applicable admiss FESTIVAL PROVISIONS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any twenty-four (24) hour period, such twenty-four (24) hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live p the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18) years of age shall be a accompanied by a parent or guardian, the parent or guardian to r times. (N: It may be necessary to post signs to this effect.) OTE D. The Board, its lawful agents, and/or duly constituted law enforc to go upon the property where the festival is being held at any time for the purpose of determi compliance with the provisions of the County ordinance. CERTIFICATION I, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its atten of the Frederick County ordinance pertaining to festivals as welfestival provisions contained herein. ___________________________________ Signature of Applicant ___________________________________ Jessica Reid on behalf of Meso Creso Printed Name of Applicant Date: __________________________________ March 21, 2018 TB HE OARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE -. UPON NONCOMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS APPLICATION FOR OUTDOOR FESTIVAL PERMIT COUNTY OF FREDERICK, VIRGINIA Dates/Times: Friday, June 8th, 12pm to Monday, June 11th, 12pm Maximum No. of Tickets Offered For Sale Per Day:700 Estimated No. of Attendees Per Day:850 (700 participants including about 150 staff) This application is for Nomadico, a music and arts festival produced by Meso Creso, a non-profit, 501(c)(3) educational arts organization. This would be the second version of the Nomadico festival. Nomadico occurred once in the past in October 2016, in Lignum, VA. Provide a plan for adequate sanitation facilities as well as garbage, trash, and sewage disposal for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District). 980 Cove Rd, Gore, VA 22637 The festival will take place at The Cove Campground located at . The Cove Campground has had many public events and festivals of an equal or greater size in the past.Our general plan is to rely in part on the existing infrastructure of The Cove Campground, and also to contract with outside services to supplement the existing infrastructure.Because we have produced this festival before, we are familiar with safe and lawful sanitation and trash disposal practices. The festival will be located in Camps 6 and 10 at The Cove, which has 6 permanent outhouse facilities. Festival attendees will have access to The Cove's on-site permanent bathrooms and showers.In addition, we will be contracting for an additional 20-30 port-a-potties, which is a ratio of at least 1 toilet for each 33 attendees. Port-a-potties will be arranged in 3 banks distributed throughout the festival site, with at least one handwashing and sanitation station per bank. Handicap-accessible toilet facilities will be provided. Port-a- potties will be dropped off between Tuesday, June 5th and Thursday, June 7th--at least one day prior to gates opening--and will be available for use through Monday, June 11th. Festival staff will use the on-site outhouses prior to arrival of the port-a-potties. The port-a-potties will be cleaned by the contracted company twice (once on Saturday and once on Sunday) to ensure that festival participants have adequate access to sanitary bathrooms.The sewage from the port-a-potties will be removed and disposed of by our local sanitation/port-a- potty contractor, consistent with the requirements of all state and local statutes, ordinances, and regulations. The Cove Campground is making available a large dumpster for use at the festival. There will be trash containers placed throughout the festival for attendees’ use and staff will empty the containers into the dumpster as they fill up. The garbage produced and deposited in the dumpster will be disposed of along with the Cove’s other garbage, pursuant to the requirements ofall state and local statutes, ordinances, and regulations.The festival will not be producing any additional sewage, chemicals, or hazardous materials that would require special disposal procedures. Provide a plan for providing food, water, and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District). The festival is located inthe Cove Campground, which meets the requirements of section § 165-204.03 of the code of Frederick County, Virginia (section A-F) related to campgrounds and tourist camps. Festival attendees will be permitted to bring their own food and water to the festival, and we will be encouraging festival attendees to purchase food and water from local stores.In addition, there will be 1-3 food vendors (e.g. food trucks) on-site for attendees to purchase food. Ice will also be available for purchase.These vendors will be licensed in VA, andmeet the requirements of all state and local statutes, ordinances, and regulations, including those of the Department of Health of the Lord Fairfax Health District. Regarding water, festival attendees will have access to TheCove's on-site water supply, which is sourced from the county and meets state and local statutes, ordinances, and regulations, and has been approved by the VA Department of Health.Through use of large, refillable water tanks, we will ensure that festival attendees also have quick and easy access to as much water from this same water source as they may need at Camps 6 and 10, where the festival will occur. Regarding lodging, festival attendees will be tent-camping overnight in Camps 6 and 10 at the Cove Campground, where the festival will occur. Attendees will provide their own tents for personal camping. Provide a plan for adequate medical facilities for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. The festival will be providing 24/7 First Aid services where volunteer medical professionals (doctors, nurses, or others with professional medical training) will be available to advise and assist in administering basic self-care and first aid treatment to festival attendees who may experience minor injuries such as minor cuts, bruises, or sprains. However, the festival First Aid tent is not designed or intended to be a substitute for a hospital or clinic.Our medical emergency plan requires that any potentially serious injury be referred immediately to the local clinic or hospital.A vehicle and standby driver will be available to drive attendees to the local clinic or hospital, and our staff will be instructed to immediately call 911 in the case of any medical emergency that is serious or life threatening. The closest local hospital with 24-hour emergency and urgent care is theWinchester Medical Center, which is 17 miles from the Cove Campground. Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. The festival will not involve any large-scale or potentially dangerous or hazardous fireworks, pyrotechnics or fires.Festival attendees will be permitted to use the small campfires and grills that exist on site at the festival.We have a "fire safety" lead, who will be monitoring all campfires to ensure adequate safety and precautions.Per the requirements of state and local statutes, ordinances, and regulations, we will work with the Fire Marshal to arrange for an on-site visit prior to the festival, and arrange for any other precautions that may be necessary. Provide a plan for adequate parking facilities and traffic control in and around the festival area. (A diagram may be submitted.) Our parking plan prioritizes adequate traffic control so that cars may exit the festival grounds as quickly as possible in the event of an emergency or evacuation order. We have secured parking space to accomodate more than 500 cars, and the space ismarked in the attached diagram. These parking lots will include entry and exit lanes that will be kept clear for immediate evacuation in the event of any emergency. To reduce congestion and minimize logistical complications, once cars park they will be encouraged to remain at the festival, except in cases of emergency. We have full-time volunteers designated to staff parking areas to ensure that cars are being directed appropriately and parked in a safe and effective manner. State whether any outdoor lights or lighting will be utilized: If yes, provide a plan or submit a diagram showing the location of such lights and the proximity relative to the property boundaries and neighboring properties. In addition, show the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property on which the festival is located. Some outdoor lighting will be used at this festival to provide lighting for the music and art performances, and to light pathways and otherwise aid festival attendees as they navigate the festival grounds.However, such lighting is minimal and no "glow" or effect will be visible from beyond the festival grounds, which is completely surrounded by forest. We have attached a diagram that displays the planned location of all festival lighting. NO If yes, provide details on how it will be controlled. No alcoholic beverages will be served by Nomadico.Pursuant to the Cove Campground’s rules and regulations, festival attendees will be permitted to bring their own alcoholic beverages to consume, should they choose to do so. Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any twenty-four (24) hour period, such twenty-four (24) hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, insuch a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18) years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. (NOTE: It may be necessary to post signs to this effect.) D. The Board, its lawful agents, and/or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. I, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. REZONING APPLICATION #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE Staff Report for the Board of Supervisors Prepared: April 16, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 11/15/17 Public Hearing Held; Postponed for 90 Days Planning Commission: 02/21/18 Public Hearing Held; Recommended Denial Board of Supervisors: 03/14/18 Public Hearing Held; Postponed for 30 Days Board of Supervisors: 04/25/18 Pending PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to viewshed plans, berms, landscaping and cemetery access. LOCATION: The properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). EXECUTIVE SUMMARY & CONCLUSION FOR THE 04/25/18 BOARD OF SUPERVISORS MEETING: The purpose of this application is to request a proffer amendment to Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans. The amended proffer dated March 2, 2018 dated proposes to utilize a Generalized Development Plan and nine viewshed plans. This amendment seeks to revise the timing of the installation of the berms, revise the heights of the berms, seeks to remove the landscaping exhibit for the berms, revises the access for one of the two cemeteries and removes the water supply and reclamation proffers. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. Specifically, elements pertaining to the timing of Berms C and D, the berm heights for Berm D and the cemetery access should be evaluated. The Planning Commission at their February 21, 2018 meeting unanimously recommended denial of this application. The Board of Supervisors held a public hearing for this item on March 14, 2018 and postponed the application until the April 25, 2018 meeting. Staff has not received additional th information from the Applicant following the March 14 meeting. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 11/15/17 Public Hearing Held; Postponed for 90 Days Planning Commission: 02/21/18 Public Hearing Held; Recommended Denial Board of Supervisors: 03/14/18 Public Hearing Held; Postponed for 30 Days Board of Supervisors: 04/25/18 Pending PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to the to viewshed plans, berms, landscaping and cemetery access. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 83-A-109 and 90-A-23 (portions of) PROPERTY ZONING : EM (Extractive Manufacturing) District PRESENT USE: Quarry and Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: EM (Extractive Manufacturing) Use: Shenandoah County East: RA (Rural Areas) Use: Residential/Agricultural West: RA (Rural Areas) Use: Residential/Agricultural PROPOSED USES: Quarry Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1)Site History: The original Frederick County zoning map (U.S.G.S. Middletown Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The subject properties were rezoned to the EM (Extractive Manufacturing) District with the approval of Rezoning #03-06 on May 28, 2008 (see attached original proffers). 2)Comprehensive Plan: The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subject properties are located within the Rural Areas of Frederick County and are outside of the limits of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Rural Areas land use designation is defined in the Comprehensive Plan as all areas outside of the designated Urban Development Area. The primary land uses in the Rural Areas are agriculture and forests. The primary growth pattern consisting of widely scattered, large lot residential development. Transportation and Access. The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the County. Per the 2006 rezoning, site access continues to be via the existing quarry entrance on McCune Road (Route 757) See proffer 2.1 3)Historic: The Historic Resources Advisory Board (HRAB) reviewed the original 2006 rezoning application on December 20, 2005. This rezoning does not increase the historic impacts from the original rezoning application. Staff would note that the Applicant has completed the 8-acre land dedication to the Cedar Creek Battlefield Foundation as stated in proffer 3.1, as well as, the Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 4 Phase I Archeological Survey per proffer 3.2. 4)Proffer Statement Dated June 13, 2005; revised January 31, 2018; revised February 14, 2018; revised March 2, 2018: Proposed revisions from the approved proffer statement (please see attached redline copy of the proffer statement): Proffer Introduction : This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans. The amended proffer proposes to utilize a Generalized Development Plan and nine viewshed plans (Viewshed 1A Viewshed 1B, Viewshed 2, Viewshed 3, Viewshed 4A, Viewshed 5A, North Viewshed 1, North Viewshed 2 and North Viewshed 3). The Phasing I, II, III and IV Plans of the GDP from the approved rezoning show o a phasing sequence for the mining of the property. While the phasing plans that were part of the proffered GDP are proposed to be removed with this amendment, the phasing text has been retained (see revised proffer 13). Site Development Proffer 2.2 - Berms- This proffer amendment proposes to change the text pertaining to the berms, revises the timing of the installation of the berms, removes the landscaping exhibit and changes the approval of the landscaping utilized on the berms. Berm Installation Timing: o Berms A and Berm B (original Phase I) were to be installed within 10 years of the approval of the proffer (2018). Berms C and Berm D (original Phase II) were to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The proffer amendment proposes to remove timing of the construction of Berm C (south of Chapel Road) which was proffered to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. There is no timing proposed with Berm C under the proposed amendment. The proffer amendment removes the requirement that the berms be installed 10 years prior to mining north of Chapel Road. The proposed amendment states that the berms would be installed after permitting and one year prior to the extraction of material for processing. The amendment removes original Exhibit 3 which pertained to the description of the plants to be installed on the berms. The approved coniferous plantings placed in a random manner to be consistent with approval by the Zoning Administrator and the state forester. The Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 5 by the National Park Service that is currently in use at the adjacent Cedar Staff Comments: south of Chapel Road that were to be installed 10 years prior to mining north of Chapel Road. There is no timing proposed with Berm C (south of Chapel Road) under the proposed amendment. It appears that this proffer amendment would allow for a large amount of earthwork and excavating prior to any berms being installed. The approved proffer provided time for the plantings to become established on the berms prior to mining activities. This proffer revises the timing to include one year prior to extraction of materials, which reduces the established timeline that would provide additional established landscaping protection for adjacent properties. Berm Heights: o Proffer 2.2 Berm Heights. Berms were proffered with a maximum height of 30 feet and a minimum height of 10 feet as depicted on the twelve viewshed plans. The proposed proffer includes nine proposed landscaping, earthen berms and fencing shall either be maintained or Proffer 2.2BermDSection 1 - Berm section 1 is the section south of the Westernview Subdivision. The viewshed from the quarry to the adjacent Viewshed 7 from the approved proffer but is proposed to be reduced to 1 in height. Proffer 2.2Berm D - Section 2 which is consistent with the approved proffers, however; the revision includes a statement that the berm could be reduced due to cemetery or stream encroachment this berm Proffer 2.2Berm D - Section 3 The northern section of Chapel Road however, the proffer removes the timing for this berm (Berm D). Proffer 2.2Berm D - ection 4 S This berm is consistent with the approved proffers (see viewshed 6 from the approved proffer and the Section 4 Staff Comments: Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 6 The reduction in berm heights and the elimination of the viewshed plan for the Chapel Road area could greatly impact the surrounding residential properties as well as the viewshed and appearance of the Chapel Road area. Berm Section 2 should be placed in an area that would not encroach on the cemetery and the stream to ensure that a definitive berm height is provided. Historic Resources Proffer 3.3 This proposed amendment seeks to relocate the access for the second cemetery located on parcel 109. Access to this cemetery is currently provided via Marsh Book Lane which is a private right-of-way. The approved rezoning stated that the Applicant would improve this right-of-way once the cemetery restoration is complete and within 12 months of VDOT approval. This proffer amendment seeks to eliminate the Marsh Brook Lane access and provide a new right-of-way that would provide access to the cemetery to Chapel Road. The proposed revision states that the owner would relocate the ROW within 12 months of VDOT approval. Staff Comment: This proffer does not commit to building an actual access road for the cemetery, only the relocation of the ROW which could potentially only relocate the easement but not actually build the access. This revision also contains no timing for applying for the Chapel Road entrance. Potentially this access could not be built if the owner never applies for a VDOT entrance. Rights to Water Supply Original Proffer 5. This proffer is proposed to be eliminated. Reclamation Original Proffer 10 This proffer is proposed to be eliminated. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/15/17 MEETING: Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. Staff continued, at that time 394.2+/-acres was rezoned from RA (Rural Areas) District to EM (Extractive Manufacturing) District. Staff noted the Applicant is seeking to revise the proffers pertaining to: Viewshed Plans, Berm heights, installation timing and landscaping exhibit removal, and cemetery access. A location map of the property was presented. Staff reported the amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans, and the twelve (12) Viewshed Plans which were all components of the General Development Plan (GDP). This amendment seeks to eliminate these components and only utilize one (1) GDP. Staff presented the GDP which is generally consistent with the outline of the previously approved GDP in regard to the Berm locations on the properties. Staff reviewed the proffer revisions: Viewshed Plans, Berm Heights, and Berm Installation Timing: Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 7 The viewshed plans from the approved rezoning depicted the proposed berm heights that would provide screening and protection for surrounding properties. Berm timing Berms A and B were to be installed within 10 years of rezoning approval (installation by 2018). Berms C and D were to be installed no later than 10 years before the commencement of mining north of Chapel Road. This amendment removes all minimum/maximum heights and timing is now prior to the commencement of any extraction of materials. Cemetery Access: Amendment seeks to eliminate the Marsh Brook Lane access and provide a new right- of-way that would provide access to the cemetery via Chapel Road. (the approved rezoning stated that the Applicant would improve the Marsh Brook Lane access within 12 months of completion of the cemetery restoration) The proposed amendment does not contain a timeline for the installation of this accessway and does not contain a backup if agency approval cannot be obtained for the new access point on Chapel Road. Staff noted it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. A Commissioner inquired about the rights to water supply in paragraph 4.1 of the proffers. Staff explained that a proffer amendment was received from Mr. Ty Lawson prior to the meeting. Staff and the County Attorney were not able to review these prior to this meeting and cannot comment on them at this time. A Commissioner asked how long the Applicant has been working with Staff on these revisions. Staff noted in June 2017 comments were provided to the Applicant. A Commissioner inquired, in the original proffers there were commitments as far as pre-blast surveys of the properties surrounding the quarry; who was responsible in making sure the Applicant performed those commitments that were agreed to in the original rezoning; is the County involved in that, specifically the surveys concerning property conditions, water well conditions, and seismic monitoring. Staff offers; should it arise that those proffers are not being fulfilled or there is a complaint, that proffer compliance would be investigated and determined if the proffers are being met or not. A Commissioner asked if Staff had received comments from residents that the proffers were not implemented as originally agreed to. Staff commented no, not at this time. A Commissioner commented that if the proposed amendment were approved, that the height of the berms would be up to the Applicant. Staff stated that is correct, under the proposed amendment the berm height would be at the Applicants discretion and they eliminated the landscaping detail. The Commissioner commented the current approval offers more to work with; the Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 8 new proposal has no specificity. A Commissioner commented for clarity and should ignore what was submitted just a few hours ago and focus on what is in the agenda. A Commissioner asked how close the berms on the north end are from the residential strip of community housing there. Staff deferred this question to the Applicant as to if they have an exact distance planned for the old and new proffers. Mr. Thomas (Ty) Moore Lawson, P.C. with Lawson & Silek, P.L.C representing the Applicant came forward. Mr. Lawson reported this proffer amendment is to specifically address the berms; on the north end of the property. In response to a Commissioner, Mr. Lawson noted when this exercise was started it was written in a way to just focus on things they wanted to change, as things developed it was pointed out with this rezoning being relatively old that a lot has been completed, therefore what has been accomplished should be considered. Mr. Lawson continued, 36+ acres has been conveyed to the Cedar Creek Battlefield and Article 4 references two old agreements that existed with the Sanitation Authority in 2005; those agreements were terminated, and a new agreement was put in place. Mr. Lawson reviewed the proffer update that was sent to Staff just prior to this meeting: 8-acre historical reserve grew to 36-acres; Phase I archeological study; Two (2) cemeteries were restored; ground water labeled as completed but under way; pre-blast surveys are ongoing (have contacted 105 families); noise requirements are the same; well monitoring is ongoing; phasing of berms A and B are complete. Regarding the berms Mr. Lawson explained the intent now is to have irregular berms in height and different vegetation. Mr. Lawson provided photos of existing berms and of new proposed berms placing berms behind vegetation. Mr. Lawson addressed the question of timing for the berms; the existing proffers states the berms be installed ten (10) years prior to mining activities, this has been removed and replaced with commencement and behind the tree lines so there is less disturbance. Mr. Lawson provided photos of the viewshed and the GDP. A Commissioner inquired why the berms are being located behind the vegetation. Mr. Lawson commented the Applicant has a better idea where most of the stone is underground therefore the point is to be able to install the berms 100 ft. off the property line in turn making the impacts less severe. The Commissioner commented, to simplify; relocating the berms now depends on where the high-quality mineral is to be mined. Mr. Lawson stated that is partially correct; the other part is a fresh set of eyes reviewed this and determined relocation would be better for neighbors. The Commissioner noted relocating the berms have no bearing on the height of the berms. Mr. Lawson explained there was not a requirement to make the berms 30 ft., but somehow became part of the public process; this is not something the company wanted, and the intent is to vary the berm sizes. A Commissioner requested clarification that the 85 property owners within the property boundary have been contacted regarding pre-blast surveys. Mr. Lawson noted the Applicant contacted all property owners, also offered pre- advantage of this and others have not. The Commissioner asked if someone comes forth years down the road with problems on their property or structure, how would Chemstone defend this. Mr. Lawson explained the property owners should take advantage of these offers in advance therefore having something to go by. Mr. Lawson noted the existing proffers do not change obligations to one another. Complaints and questions are addressed by the company at all times. The Commissioner asked how often seismic waves are monitored for the 85 properties. Mr. Lawson stated the monitoring is ongoing. Mr. Mark Basel, Site Production Manager at the Middletown, Virginia operation came forward and reported the operation at Chemstone monitors every blast. They have permanent seismic graphs at three (3) different residences toward the southern end of the property. Mr. Basel noted currently there are no Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 9 monitors at the northern end where there is no mining yet; they do place mobile units if necessary. A Commissioner inquired has there been any reported impacts/damages from blasting. Mr. Basel commented to his knowledge they have not been out of compliance; they do get calls if the blast is felt stronger than normal. He reiterated, they do monitor all blasts. There were nine (9) citizens that spoke in opposition of this rezoning. The concerns shared were similar: delay action on this item, no contact from the Applicant regarding well and pre-blast surveys, berms would not provide enough protection and language in the proffers very ambiguous. Mr. Lawson responded to comments: the drawings/maps are scaled, it is approximately 100 feet from the property line under the existing proffers, the Applicant has copies of notifications/letters that were sent to property owners for pre-blast surveys and well monitoring. A Commissioner reminded everyone this item is not about the current land use which was previously approved; it pertains to the proffers being amended. He commented, he is agreeable to a delay on this and noted community engagement is extremely important. A Commissioner commented, this item must be acted on in a timely manner and cannot be moved to Spring 2018; he agrees to a postponement. The Commissioner continued, he urges the citizens to take advantage of the offer made by Carmeuse for pre-blast surveys and well monitoring so there can be a base starting point down the road. He concluded, the language is very ambiguous and vague, the Applicant needs to put back in the drawings and examples and put things in writing so that it is very clear. A motion was made, seconded, and unanimously passed to recommend postponement for 90 days. (Note: Commissioners Unger and Cline were absent from the meeting) PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/18 MEETING: Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. Ms. Perkins continued, this request was postponed for 90 days at the Planning proposal with neighbors. Staff explained the Applicant is seeking to revise the proffers pertaining to: Viewshed Plan, Berm heights, installation timing, Landscaping exhibit removal and Cemetery access. Staff compared the proffers that have been approved to the amended proffers, dated February 14, 2018: proffered viewshed plans. The revision includes 3 viewshed plats that only show proposed berm details north of Chapel Road. Berm Heights Berm D (north of Chapel Road); berm adjacent to the Westernview Subdivision Berm Heights Berms C & D; removes the berm detail south of Chapel Road and the Northern Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 10 Berm Timing Berms C & D were proffered to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The revision proposes Berms C & D to be installed after the permitting process of the properties for mining and before any extraction of material for processing. Proffer 2.2 y 2018 proffer states for the complete elimination of all berms and only fencing provided. Cemetery Access: Seeks to relocate the Marsh Brook Lane access to Chapel Road. The access and that the Applicant would provide continued maintenance. The proposed proffer states that the owner would relocate the ROW; this proffer is ambiguous as to whether the Applicant will be building a ROW for access or just relocating the ROW. It was noted this also removes the timeline (12 months from cemetery restoration) therefore this is no trigger for the completion of this relocation. Site Access questions regarding site access directly via Chapel Road; Proffer 2.1 prohibits access to Chapel Road for quarry operations. The proffered GDP indicates a proposed tunnel under Chapel Road. Staff concluded it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. Mr. Michael Wilmoth from Carmeuse presented a brief overview of what has transpired since the November meeting: held two community meetings; had face to face meetings with residents; handled numerous phone calls. He provided a presentation of the revised proffers and various mapping. A Commission Member inquired if the open field on the combined comparison will be mined in the future. Mr. Wilmoth stated not at this time. A Commission Member suggested possibly zoning this piece back to RA. Mr. Ty Lawson, representing the Applicant noted there is no intent at this time. A Commission Member suggested, if the berms are behind the tree line, why not include map or and could be include in proffer 2.2. The Commissioner noted the wording in proffer 2.2 can be easily misinterpreted. A Commission Member suggested the wording be changed to offer protection to residents in the future. Mr. George McKotch of Carmeuse came forward and provided information pertaining to the berms and future mining. A Commission Member reminded everyone that is what is presented in the agenda is what is to be voted on this evening. Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 11 The Public Hearing was opened and six (6) residents came forward and shared their opposition to this rezoning citing concerns such as: requests not fully addressed by Carmeuse; community meetings did not involve everyone, truck traffic on roads, all berms to be 30 feet and residents losing property value. A Commission Member commented the items presented tonight are not acceptable, he sees no reason to reduce the height of the berms and the residents are not satisfied with any of the changes. Mr. Lawson noted the mission was to meet with neighbors; the berm height was the majority of the discussion and they received conflicting requests from neighbors. Mr. Lawson concluded this item needs to move forward and there is no time for a delay request. A motion was made to deny this request, seconded, and unanimously recommended for denial. (Commissioner Mohn was absent from the meeting) BOARD OF SUPERVIORS SUMMARY AND ACTION FROM THE 03/14/18 MEETING: Staff provided an overview of the application and the revisions requested by the Applicant. Thomas Moore Lawson, representing Carmeuse, introduced Michael Wilmoth of Carmeuse who provided an overview of the request. Mr. Wilmoth said the company met with the neighbors of the property in question and the consensus was that moving the berm and changing the berm timeline were good things. He discussed a list of 11 items that were requested by the neighbors saying Carmeuse has been able to agree to eight of them. Mr. Lawson proceed to provide additional information and an overview of their request. Dr. Clarence R. Geier then discussed the Phase I Archeological Survey which was conducted on the property. Thirteen citizens spoke during the public hearing. Mr. Lawson responded to the public hearing comments and there have been seven amendments to the proffers and highlighted the proposed changes. The item was postponed to the April 25, 2018 meeting with a continued public hearing. EXECUTIVE SUMMARY & CONCLUSION FOR THE 04/25/18 BOARD OF SUPERVISORS MEETING: The purpose of this application is to request a proffer amendment to Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans. The amended proffer dated March 2, 2018 dated proposes to utilize a Generalized Development Plan and nine viewshed plans. This amendment seeks to revise the timing of the installation of the berms, revise the heights of the berms, seeks to remove the landscaping exhibit for the berms, revises the access for one of the two cemeteries and removes the water supply and reclamation proffers. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. Specifically, elements pertaining to the timing of Berms C and D, the berm heights for Berm D and the cemetery access should be evaluated. The Planning Commission at their February 21, 2018 meeting unanimously recommended Rezoning # 05-17 CARMEUSE LIME & STONE April 16, 2018 Page 12 denial of this application. The Board of Supervisors held a public hearing for this item on March 14, 2018 and postponed the application until the April 25, 2018 meeting. Staff has not received additional th information from the Applicant following the March 14 meeting. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. ST 627 REZ # 05 - 17 O-N Minerals (Chemstone) Co. PINs: ST ST 627 83 - A - 109, 90 - A - 23 759 ST 625 Rezoning from EM to EM Zoning Map ST 622 ST REZ #05-17 633 83 A 109 ST 627 ST 625 REZ #05-17 83 A 109 83 A 109 ST 627 ST ST 625 T-627 ST REZ #05-17 ST 757 842 Middletown 90 A 23 ST 624 ST 625 SHENANDOAH ST ST COUNTY 624 627 VIRGINIA ST 624 § ¨¦ 81 § ¨¦ 01 81 ST 11 ST 842 727 Applications Sewer and Water Service Area Parcels B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) § ¨¦ WARREN 81 HE (Higher Education District) COUNTY M1 (Light Industrial District) REZ # 05 - 17 Note: M2 (Industrial General District) Frederick County Dept of O-N Minerals MH1 (Mobile Home Community District) Planning & Development I MS (Medical Support District) (Chemstone) Co. 107 N Kent St Suite 202 OM (Office - Manufacturing Park) PINs: Winchester, VA 22601 R4 (Residential Planned Community District) 83 - A - 109, 90 - A - 23 540 - 665 - 5651 Rezoning from EM to EM R5 (Residential Recreational Community District) Map Created: October 18, 2017 Zoning Map RA (Rural Areas District) Staff: cperkins RP (Residential Performance District) 01,6003,2006,400Feet ST 627 REZ # 05 - 17 O-N Minerals (Chemstone) Co. PINs: ST ST 627 83 - A - 109, 90 - A - 23 759 ST 625 Rezoning from EM to EM Location Map ST 622 ST REZ #05-17 633 83 A 109 ST 627 ST 625 REZ #05-17 83 A 109 83 A 109 ST 627 ST ST 625 T-627 ST REZ #05-17 ST 757 842 Middletown 90 A 23 ST 624 ST 625 SHENANDOAH ST ST COUNTY 624 627 VIRGINIA ST 624 § ¨¦ 81 § ¨¦ 01 81 ST 11 ST 842 727 § ¨¦ WARREN 81 COUNTY REZ # 05 - 17 Note: Frederick County Dept of O-N Minerals Planning & Development I (Chemstone) Co. 107 N Kent St Suite 202 PINs: Winchester, VA 22601 83 - A - 109, 90 - A - 23 540 - 665 - 5651 Rezoning from EM to EM Applications Map Created: October 18, 2017 Location Map Sewer and Water Service Area Staff: cperkins Parcels 01,6003,2006,400Feet ST ST REZ # 05 - 17 638 622 O-N Minerals (Chemstone) Co. PINs:ST 627 ST 83 - A - 109, 90 - A - 23 ST 625 759 Rezoning from EM to EM Long Range Land Use Map ST 622 REZ #05-17 ST 633 83 A 109 ST 627 ST 625 REZ #05-17 83 A 109 83 A 109 ST 627 Applications ST ST Sewer and Water Service Area 625 T-627 ST ST REZ #05-17 Parcels 842 757 ST 90 A 23 Middletown Long Range Land Use 624 Residential SHENANDOAH ST 625 COUNTY Neighborhood Village ST VIRGINIA 624 ST Urban Center 627 Mobile Home Community ST 624 § ¨¦ Business 81 § ¨¦ 01 Highway Commercial 81 ST 11 Mixed-Use ST 842 727 Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional WARREN Planned Unit Development COUNTY VIRGINIA Park Recreation School Employment § ¨¦ 81 Airport Support Area B2 / B3 REZ # 05 - 17 Note: Residential, 4 u/a Frederick County Dept of O-N Minerals High-Density Residential, 6 u/a Planning & Development I High-Density Residential, 12-16 u/a (Chemstone) Co. 107 N Kent St Suite 202 Rural Area PINs: Winchester, VA 22601 Interstate Buffer 83 - A - 109, 90 - A - 23 540 - 665 - 5651 Rezoning from EM to EM Landfill Support Area Map Created: October 18, 2017 Long Range Land Use Map Natural Resources & Recreation Staff: cperkins Environmental & Recreational Resources 02,0004,0008,000Feet ORDINANCE Action: PLANNING COMMISSION: November 15, 2017 Public Hearing Held; Postponed for 90 days February 21, 2018 Recommended Denial BOARD OF SUPERVISORS: March 14, 2018 Postponed to April 25, 2018 April 25, 2018 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE , WHEREAS REZONING #05-17, submitted O-N Minerals (Chemstone) Company to rezone 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to viewshed plans, berms, landscaping and cemetery access with a final revision date of March 2, 2018 was considered. The subject properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are located in the Back Creek Magisterial District and are identified by Property Identification Nos. 83-A-109 and 90-A-23 (portions of); and , WHEREAS the Planning Commission held a public hearing on this rezoning on November 15, 2017 and postponed the application for 90 days and; the Planning Commission then held a public meeting on this rezoning on February 21, 2018 and recommended denial; and , WHEREAS the Board of Supervisors held a public hearing on this rezoning on March 14, 2018 and postponed the application to the April 25, 2018 meeting with a continued public hearing; and , WHEREAS the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; PDRes #08-18 -2- NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone two (2) parcels of land, 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers with a final revision date of March 2, 2018. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 25th day of April 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Robert W. Wells Shannon G. Trout Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST _________________________________ Kris C. Tierney Frederick County Administrator PDRes #08-18 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 February 22, 2018 Mr. Thomas Moore Lawson Lawson and Silek, PLC P.O. Box 2740 Winchester, Virginia 22604 RE: Rezoning for O-N Minerals (Chemstone) Company Property Identification Numbers (PINs): 83-A-109 and 90-A-23 Dear Mr. Lawson: Staff has reviewed the proffer statement dated February 14, 2018. comments are listed below for your consideration. 1.Generalized Development Plan. The proffers make reference to one GDP, there were The inclusion of the GDP that shows the berm construction (Sections 1-4) should be utilized. 2.Exhibit 2 Viewshed Plats. This proffer does not reference the viewshed plats as Exhibit 2. Reference should be made in the proffer statement to the exhibit number. Staff also recommends removing the existing proffered berm details from the viewshed plats and only depicting the 2018 proposed changes. 3.Site Development Proffer 2. Proffe berms to be eliminated in lieu of fencing. Proffer 2.2 should provide details for the berm south of Chapel Road. Proffer 2.2 should reference that the revisions (Sections 1-4) only pertain to Berm D. Proffer 2.2 reduces the berm adjacent to the Westernview development This revision could have potentially negative impacts on these residences. Page 2 Mr. Thomas Moore Lawson RE: O-N Minerals (Chemstone) Company February 22, 2018 Proffer 2.2 berm Section 2 states that the berm could be reduced due to cemetery or stream encroachment this berm could potentially be encroach on the cemetery and the stream to ensure that a definitive berm height is provided. The proffer removes the requirement that the berms be installed 10 years prior to mining north of Chapel Road. The proposed amendment states that the berms would be installed after permitting and one year prior to the extraction of material for processing. It appears that this proffer amendment would allow for a large amount of earthwork and excavating prior to any berms being installed. This could be worded to clarify that the berm would be installed prior to any earthwork/mining operations commencing on the property. Also, approved 10-year provision would have provided timing for the plantings to become established. One year does not appear to provide adequate timing for the berm landscaping to become established. A detail for the proposed planting revision should be provided. 4.Proffer 3 Historic Resources. The approved proffer states that the owner would improve the cemetery ROW once the cemetery restoration is complete. The proposed revision states that the owner would relocate the ROW within 12 months of VDOT approval. This proffer does not commit to building an actual access road for the cemetery, only the relocation of the ROW which could potentially only relocate the easement but not actually build the access. This revision also contains no timing for applying for the Chapel Road entrance. Potentially this access could not be built if the owner never applies for a VDOT entrance. Please note that this rezoning is scheduled for the Board of Supervisors March 14, 2018 meeting. If you propose to submit amended proffers based on the above comments and the submit any proposed revisions by March 1, 2018 for inclusion in the Board of Supervisors agenda. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER Cottage Occupation; Nail Salon Staff Report for the Board of Supervisors Prepared: April 16, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission: 04/04/18 Public Hearing Held; Recommended Approval Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a cottage occupation for an in- home nail salon located within a single-family detached structure. LOCATION : The subject property is located at 464 Layside Drive, Winchester. EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 04/25/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Board of Supervisors find this use appropriate, the Planning Commission would recommend the following conditions be placed on the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.No signage allowed with this Conditional Use Permit. 3.Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4.No more than eight (8) customers per week. 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #02-18, Alisha Feltner April 16, 2018 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/04/18 Public Hearing Held; Recommended Approval Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a Cottage Occupation for an in- home nail salon located within a single-family detached structure. LOCATION : This property is located at 464 Layside Drive, Winchester, Virginia MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-129 PROPERTY ZONING: RA (Rural Areas District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential Page 3 CUP #02-18, Alisha Feltner April 16, 2018 REVIEW EVALUATIONS: Virginia Department of Transportation: The proposed business is located on a private road and therefore VDOT has no comments. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and Section 302-B, Business Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Conditional use of existing basement area as nail spa. A change of use permit is required. Please submit a detailed floor plan with your permit. A mechanical permit and an electrical permit is required for the installation of the required ventilation. Each nail station shall be provided exhaust with a source caption system of 50 cfm per station. Lever type hardware shall be provided on all doors along the accessible route and business areas. 20% ANSI A117-09 rule apples. Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided that all areas that pertain to this CUP have: At least one 5lb. 2A:10BC fire extinguisher be hung & tagged in a readily accessible location in the area being used as a business. At least one smoke detector be installed in the area of the business. Winchester-Frederick County Health Department: The Health Department has reviewed the request for comments for a Conditional Use Permit for a proposed nail service business, to be operated out of a home located at 464 Layside Drive, Winchester, VA 22602; Tax Map #51-A- 129. Based upon records on file with this Health Department, the residence is served by a sewage disposal system capable of treating 600 gpd, or 4 (four) bedrooms, with a maximum occupancy of 8 (eight) persons. The dwelling is served by a private water supply, or well. The owner/applicant says that there will be a maximum of 8 customers/week, with the business operating 2 (two) days/week. Each customer will require a maximum of about 4-5 hrs. each visit. According to the occupant, there are currently 3 (three) full-time occupants living in the home. It is the opinion of this Health Department that the operation of this home business will not adversely affect the sewage disposal system or water supply serving the dwelling. This Health Department recommends that the applicant choose products that are not harmful to the proper operation of the sewage disposal system. Page 4 CUP #02-18, Alisha Feltner April 16, 2018 Planning and Zoning: The 2035 Comprehensive Plan provides guidance when considering land use actions. This proposed in-home nail salon is located in an area of the County intended to remain rural in nature. The Frederick County Zoning Ordinance allows a nail salon as a cottage occupation in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). A cottage occupation is defined as: COTTAGE OCCUPATION - An occupation or profession customarily carried on in a dwelling unit or an accessory building, which: A. Actually is carried on wholly within the principal residential building or an accessory building or structure; B. Is carried on by no more than one person other than members of the family residing on the premises; and C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. The proposed use will take place within one room of the - family dwelling. The Applicant is proposing one pedicure chair, one nail counter, a waiting area and a retail counter as depicted on the sketch provided in the application. There will be no employees and no more than eight (8) customers per week will be permitted. The hours of operation will be from 10:00 a.m. - 4:00 p.m., Monday through Friday. The Applicant has agreed to the customer number limitation, hours of operation, and days of operation. There will be no signs with this Conditional Use Permit. STAFF CONCLUSION FOR THE 04/04/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.No signage allowed with this Conditional Use Permit. 3.Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4.No more than eight (8) customers per week. Page 5 CUP #02-18, Alisha Feltner April 16, 2018 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 04/04/18 MEETING: Staff reported this is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single-family detached structure. Mr. Cheran continued the property is currently zoned RA (Rural Areas) District and the current land use is residential. Staff noted the surrounding properties are also zoned RA and the uses are residential. Mr. Cheran provided a location map of the property. Staff continued, the Zoning Ordinance allows a nail salon as a cottage occupation in the RA (Rural Areas) District with an approved Conditional Use Permit. Staff explained, this proposed use will take place within one room of the basement -family dwelling. Staff noted, the Applicant is proposing one pedicure chair, one nail counter, a waiting area, and a retail counter as depicted on the sketch provided by the Applicant. Staff presented the conditions as recommended: All review agency comments and requirements shall be complied with at all times. No signage allowed with this Conditional Use Permit. Hours of Operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. No more than eight (8) customers per week. No employees permitted, beyond those residing on the premises. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member stated a letter was received from the Home Owners Association (HOA) stating there are no businesses allowed in the homes, he reminded everyone this is a private covenant and outside the hands of the County. Staff explained the HOA does have private covenants and the Applicant has met the requirements of a Cottage Occupation. Mr. Roderick Williams, County Attorney, clarified the letter from the HOA actually states there are no restrictions in the covenants preventing a home-based business. Julie Zuckerman residing at 220 Layside Drive came forward with her concerns of the traffic this will generate, the disruption to their peaceful private neighborhood, and she feels this will open the door for other businesses to evolve in the subdivision creating an issue to the security of everyone residing there. Lisa Creamer of 427 Layside Drive read from the covenants which state: all said lots shall be used for residential purposes only. Ms. Creamer shared her concerns with traffic and the disruption in privacy. Bettina Eutsler of 181 Sawyer Lane stated this subdivision is for residential purposes only and Page 6 CUP #02-18, Alisha Feltner April 16, 2018 businesses should not be allowed. Ms. Eutsler noted the HOA has not voted on this. Laura Clark of 393 Layside Drive shared her concerns with traffic and the privacy of longtime residents being disturbed. William Hudnutt of 357 Layside Drive and the President of the HOA commented the covenants do not restrict this home-based business; this will be an agenda item at the annual meeting and to restrict this, the declaration would have to be changed. Mr. Hudnutt noted the HOA is scheduled to meet on May 12, 2018. David Hershey of 269 Pinnacle Ridge commented his concern is opening the door for future businesses within the development. Laura Sperling of 256 Sawyer Lane echoed the concerns of her neighbors regarding traffic, privacy, and security. Alisha Feltner, the Applicant came forward and explained; her clients would consist of eight (8) a week. Ms. Feltner noted she has been doing nails for over 16 years and she respects her neighbors. A Commission Member asked the Applicant if she has been doing nails out of this location prior to this CUP. Ms. Feltner replied no she has not. The Commissioner commented he does not see how eight (8) people a week would disturb the neighborhood. A Commission Member commented, the Planning Commission needs to vote how it will affect the County and surrounding area and not apply the covenants of the HOA since that is a private matter. A Commission Member stated he respects the neighbors and the Planning Commission needs to look at this as being acceptable based on the conditions; eight (8) people a week is not many. A motion was made, seconded, and unanimously passed to recommend approval. (Note: Commissioners Thomas and Triplett were absent from the meeting) EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 4/25/18 BOARD OF SUPERVIORS MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP Page 7 CUP #02-18, Alisha Feltner April 16, 2018 meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Board of Supervisors find this use appropriate, the Planning Commission would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 206 SAWYER LN SAWYER LN CUP # 02 - 18 181 SAWYER LN Alisha Feltner PIN: 51 - A - 129 256 Nail Salon SAWYER LN Zoning Map 181 SAWYER LN 427 LAYSIDE DR CUP #02-18 51 A 129 461 LAYSIDE DR 340 SAWYER LN 340 SAWYER LN 475 LAYSIDE DR 479 Applications LAYSIDE DR Parcels 269 Building Footprints PINNACLE RIDGE RD B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) 269 PINNACLE HE (Higher Education District) RIDGE RD M1 (Light Industrial District) Note: CUP # 02 - 18 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) Alisha Feltner Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 51 - A - 129 Winchester, VA 22601 Nail Salon R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: February 28, 2018 RA (Rural Areas District) Staff: mcheran RP (Residential Performance District) 070140280Feet 206 SAWYER LN SAWYER LN CUP # 02 - 18 181 SAWYER LN Alisha Feltner PIN: 51 - A - 129 256 Nail Salon SAWYER LN Location Map 181 SAWYER LN 427 LAYSIDE DR CUP #02-18 51 A 129 461 LAYSIDE DR 340 SAWYER LN 340 SAWYER LN 475 LAYSIDE DR 479 LAYSIDE DR 269 PINNACLE RIDGE RD 269 PINNACLE RIDGE RD Note: CUP # 02 - 18 Frederick County Dept of Alisha Feltner Planning & Development I 107 N Kent St PIN: Suite 202 51 - A - 129 Winchester, VA 22601 Nail Salon 540 - 665 - 5651 Location Map Applications Map Created: February 28, 2018 Parcels Staff: mcheran Building Footprints 070140280Feet ORDINANCE ______________________________ Action: PLANNING COMMISSION: April 4, 2018 Public Hearing Held Recommended Approval BOARD OF SUPERVISORS: April 25, 2018 ORDINANCE CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER (Nail Salon, Home Occupation) WHEREAS, Conditional Use Permit #02-18 for a cottage occupation for an in-home nail salon , submitted by Alisha Feltner was considered. The Property is located at 464 Layside Drive, Winchester, Virginia and is further identified with Property Identification 51- A-129, in the Back Creed Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on April 4, 2018, and recommended approval of the Conditional Use Permit; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 25, 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 Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #02-18 for a cottage occupation for an in-home nail salon on the parcel identified by Property Identification 51-A-129 with the following conditions: PDRes #15-18 1 1.All review agency comments and requirements shall be complied with at all times. 2.No signage allowed with this Conditional Use Permit. 3.Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4.No more than eight (8) customers per week. 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit Passed this 25th 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 PDRes #15-18 2