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May 9 2018 Board_Agenda_PacketAGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 9, 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 24, 2018 Joint Meeting with Economic Development Authority of April 25, 2018 Regular Meeting of April 25, 2018 Committee Reports ------------------------------------------------------------------------ B Transportation Committee ------------------------------ C Resolution Honoring Employee of the Month Patricia A. Rodgers Citizen Comments – Agenda Items that are not the subject of a Public Hearing Board of Supervisors Comments County Officials Presentation of Employee of the Month Resolution to Patricia A. Rodgers C County Officials-Continued D Committee Appointments ------------------------------------------------------------------------------------------ Social Services Board Red Bud District Representative  One application received One unexpired 4-year term ending 06/30/20 Board of Building Appeals One unexpired 5-year term ending 11/10/2018, Applications pending Community Policy & Management Team Private Provider Representative 2-year term of Dana Bowman ends 6/30/18, CPMT recommends reappointment Parent Representative 2-year term of Dawn C. Robbins ends 6/30/18, CPMT recommends reappointment Development Impact Model Oversight Committee 1-year terms of the following representatives end 6/28/18: Kris C. Tierney-County Administration Representative Charles S. DeHaven, Jr. -Board of Supervisors Representative Gary A. Lofton -Board of Supervisors and EDA Representative H. Paige Manuel - Planning Commission Representative Roger L. Thomas - Planning Commission Representative Frank E. Wright - School Board Representative (willing to serve again) Stephen Pettier- Top of Virginia Building Assoc. Rep. (TVBA has been asked for input) J. P. Carr - Top of Virginia Building Assoc. Rep. (TVBA has been asked for input) Extension Leadership Council Stonewall District Representative 4-year term of Laura L. Loving ends 6/23/18 Historic Resources Advisory Board Member-At-Large Representative 4-year term of Denny Perry ends 6/23/18 Parks and Recreation Commission Stonewall District Representative 4-year term of Randy Carter ends 6/23/18 Social Services Board Shawnee District Representative 4-year term of Karen L. Kimble ends 6/30/18 (eligible for reappointment) Back Creek District Representative 4-year term of Lisa Carper ends 6/30/18 (eligible for reappointment) Winchester Regional Airport Authority 4-year term of Gene Fisher ends 6/30/18 (eligible for reappointment) 4-year term of Robert Bearer ends 6/30/18 (eligible for reappointment) County Officials-Continued ----------------------------------E Requests from the Commissioner of the Revenue for Refunds Arcadia Mobile Park -$3,313.81 Undisclosed Taxpayer-Disabled Veteran’s Relief-$3,372.53 Shop N Save #1489-2875 -$6,282.43 Handy Mart, LLC -$6,885.69 Committee Business -None Public Hearings (Non Planning Issues) Proposed Ordinance -Salaries of the Board of Supervisors--------F -------------------------- Pursuant to Section 15.2-1414.3 of the Code of Virginia, 1950, as Amended, the Board of SupervisorsWill Hold a Public Hearing to Fix the Annual Salaries of the Board of Supervisorsas Follows: Chairman, $10,800; Vice Chairman, $10,200; and Each Other Member of theBoardof Supervisors at $9,000. Proposed Conveyance to the Frederick County Sanitation Authority------------------G d/b/a Frederick Water Proposed Easement Over an Area of Approximately 2,584 Square Feet (0.6 Acres), the Easement Area BeingOver a Portion of Tax Parcel Number 86-A-143 Owned by the County in the Opequon Magisterial District. Planning Commission Business Public Hearings Conditional Use Permit #04-18 for West Oaks Farm Market, LLC-------------------------H Submitted for Establishment of a Special Event Facility and Restaurant in the RA (Rural Areas) Zoning District.The Property is Located on Middle Road, Winchester, Virginia and is Identified withProperty Identification Number 74-A-3 in the Back Creek Magisterial District. Other Planning Items Master Development Plan #02-18 –Regents Crest ---------------------------------------------I The Master Development Plan for Regents Crest appears to be consistent with the requirements ofArticle VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is ina form thatis administratively approvable. Note: Presentedasinformationonly. Request for Commercial Pump and Haul Permit at 3149 Front Royal Pike------------J The property owner appears to have addressed the requirements of the County Code to utilize a pump and haul system for the property at 3149 Front Royal Pike, Winchester. This request appears to comply with the code requirements and, therefore, Board consideration of the request is appropriate. Planning Commission Business-Continued Ordinance Amendment –Shipping Containers--------------------------------------------------K This is a proposed amendment to Chapter 165 –Zoning Ordinance to restrict the use of shippingcontainers (i.e. pre-fabricated, durable, steel shipping containers, also known as intermodalcontainers, cargo containers, freight containers, or ISO containers) as accessory storage in certaindistricts. Shipping containers are typically 8-feet (FT) wide, 8-FT tall and 20-40-FT long. Thecurrent zoning ordinance does not specifically address shipping containers, only where tractortrailers may be parked or stored. Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn MINUTES Frederick County Board of Supervisors BudgetWork Session Tuesday, April 24, 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;Erin Swisshelm,Assistant County Attorney; Ellen Murphy, Commissioner of the Revenue; C. William Orndoff, Jr., Treasurer; Scott Varner, Director of Information Technology; Becky Merriner, Director of Human Resources; Dennis Linaburg, Fire & Rescue Chief; Ross P. Spicer, Commonwealth’s Attorney; Delsie Jobe, Administrative Services Manager for Frederick County Dept.of Social Services; and 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 4:03p.m. DISCUSSION –Medicaid Expansion Mr. Tierney said that the General Assembly had not yet decided on the issue of expanding Medicaid. He suggested that the Board earmark the revenue expected from the one-cent tax increase to fund the costs associated with expansion if it is approved. DISCUSSION –Public Safety Positions The Board and staff discussed the request for additional fire and rescue positions. Mr. Tierney noted that the draft fire and rescue report has been received and is under review by the steering committee. Supervisor McCarthy suggested setting aside money for the fire and rescue positions until the Board has had a chance to review the fire and rescue study, particularly recommendations on staffing. Mr. Tierney said that the need for upstaffing with 12 firefighter 1 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes:Budget Work Session April 24, 2018 positionsis critical and suggested that the Board fund those while waiting for the final report to decide on the additional positions requested. Vice Chairman Lofton requested a list of apparatus of all the fire and rescue companies. By consensus, the Board agreed to fund the 12 positions to allow upstaffing at Millwood and Round Hill Stations. By consensus, the Board agreed to set aside funding for two training officer positions pending review of the staffing report. At the request of Ms. Shiffler, the Board agreed by consensus that the funds will be placed in the fire and rescue budget with a hiring freeze on the two positions. DISCUSSION –Other Positions By consensus, the Board agreed to fund the following positions: Assistant Convenience Site Supervisor (one) and Animal Shelter –Animal Caretaker (one). The Board and staff discussed the request for additional sheriff’s deputies. DISCUSSION –Capital Funding FY 19 Mr. Tierney said if there were no objections, he would transferfunds fromthe contingency fund near the end of the fiscal year for planned vehicle replacement and design work on the parking lot at Clear Brook Park. The Board agreed with this approach. The Board and staff discussed a radio needsstudy, and Mr. Tierney advised there was money in the budget to fund such a study. DISCUSSION –Budget Awards Program Ms. Shiffler noted the Budget Awards Program deadline is 75 days away saying she and her staff are working on the County’s submission. DISCUSSION –Additional FY 19 Work Sessions By consensus, the Board agreed to meet on May 8, May 22, and June 12 at 4:00 pm for budget work sessions. 2 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes:Budget Work Session April 24, 2018 DISCUSSION –Aylor Middle School The Board discussed the options of renovating and replacing Aylor Middle School. Supervisor Wells said he toured the building with two local experienced contractors adding the consensus is the building is not suitable for renovation. SupervisorSlaughter referenced information from the Virginia Department of Education regarding square footage needs in schools. She agreed with Supervisor Wells that a replacement building is necessary, saying she would be in favor of a 140,000 square foot building able to serve 900 students and estimatedthecost to be $39 million including the land purchase. She requested further information on the school’s request for an additional $7.2 million. Regarding the $39 million school project, she requested that Ms. Shiffler determine the timeline for borrowing and the effect on the County’s adopted debt ratios. Supervisor Trout said she is in favor of a 160,000 square foot building as requested by the Superintendent in order that it be comparable to the other County middle schools. Staff agreed to have as much of the requested information as possible for the next Budget Works Session on May 8, 2018. ADJOURN There being no further business, the meeting was adjourned at 5:37p.m. 3 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes:Budget Work Session April 24, 2018 MINUTES Frederick County Board of Supervisors-Economic Development Authority Joint Meeting Wednesday, April 25, 2018 5:30 p.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. Trout were present.Staff present:Kris C. Tierney, County Administrator;Jay E. Tibbs, Deputy County Administrator;Rod Williams, County Attorney; Michael Ruddy, Director of Planning and Development; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Economic Development Authority: Bob Claytor; Bryan Fairbanks; Heather McKay; Doug Rinker; and John Riley. Staff Present: Patrick Barker, Executive Director;Wendy May, Marketing Manager;Donna McIlwee, Administrative Assistant;Brad Veach, Project Specialist;and Sally Michaels, Existing Business Coordinator. Also present was Michael Bryan, Legal Counsel for the EDA. Other: Jay Langston of the Virginia Economic Development Partnership. CALL TO ORDERand ACTIVITY REVIEW Chairman DeHaven called the meeting to order at 5:35p.m.EDA Vice Chair John Riley noted that the EDA Chair, Stan Crockett, had been delayed. He noted this was the annual meeting between the Board and the EDA per the Memorandum of Understanding between the two bodies. EDA Executive Director Patrick Barker provided an overview of the Authority’s activities since the last joint meeting.The focushas been talent engagement, business retention, business attraction and business climate. PRESENTATION Mr. Langston of the Virginia Economic Development Partnership gave a presentation on the view at the state level of the overall trends in economic development. DISCUSSION –EDA FOCUS FOR THE NEXT 12 MONTHS Mr. Barker reviewed the planned activities including creating workforce solutions to address projected needs development of ready-to-go business sites.The Board discussed the EDA initiatives. They briefly discussed thepossibility of providing additional funding, but it was decided that was a topic for another meeting. ADJOURN There being no further business, the meeting was adjourned at 6:35p.m. 1 FREDERICK COUNTY BOARD OF SUPERVISORS-ECONOMIC DEVELOPMENT AUTHORITY Minutes:Joint Meeting April 25, 2018 MINUTES 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 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;Wendy May, Economic Development Authority representative; Jason Robertson, Director of Parks and Recreation; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Mr. Tierney advised that he had one change to the agenda in that staff received a request from Carmeuse to postpone their rezoning application. Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, the agenda was adopted as amended on a voice vote with the postponement for four weeks of the continued public hearing for Rezoning #05-17 for O-N Minerals (Chemstone). ADOPTION OF CONSENT AGENDA – APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Lofton, the consent agenda was adopted on a voice vote. -Minutes:Budget Work Session ofApril 9, 2018 - CONSENT AGENDA APPROVAL -Minutes: Meeting of April 11, 2018 - CONSENT AGENDA APPROVAL -Parks and Recreation Committee Report (Appendix 1) - CONSENT AGENDA APPROVAL -Finance Committee Report (Appendix 2) - CONSENT AGENDA APPROVAL -Summer & Holiday Board Meeting Schedule - CONSENT AGENDA APPROVAL 1 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 -Road Resolution – Fieldstone Section II - CONSENT AGENDA APPROVAL Project/Subdivision Fieldstone Section II Type Change to the Secondary System of State Highways: Addition WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerks Office of the Circuit Cou WHEREAS, the Resident Engineer of the Virginia Department of Transportati 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 ent June 9, 1993, for comprehensive stormwater detention which appli 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 Departments 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 Res Engineer for the Virginia Department of Transportation. From: Route 1554, Channing Drive Recordation Reference: Instr. 060020551 Pg 0600 Right of Way width (feet) = 56' To: 0.16 mile south of Route 1554, Channing Drive, a distance of + + + + + + + + + + + + -Resolution of Appreciation for Louis F. Dusing - CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION LOUIS F. DUSING WHEREAS, Louis F. Dusing served Frederick County, Virginia, for approxim an employee at the Northwestern Regional Adult Detention Center; and WHEREAS, Louis F. Dusing began his career as a Correctional Officer in 1 promotions to Correctional Officer II in 1995, Correctional Offi WHEREAS, during his tenure, Louis F. Dusing was known for his strong wor commitment to the facility, his professionalism, and his positiv in the areas of policy, jail standards, and overall best practic WHEREAS, Louis F. Dusing was a diligent and hard worker who as the Accre contributed to the 100% compliance rating on many occasions and 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 dedicati of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the + + + + + + + + + + + + -Resolution Honoring the 2018 VHSL Class 4 State Champion Millbrook High School Pioneers Girls’ Basketball Team - CONSENT AGENDA APPROVAL RESOLUTION HONORING THE 2018 VHSL CLASS 4 STATE CHAMPION MILLBROOK HIGH SCHOOL PIONEERS GIRLS BASKETBALL TEAM WHEREAS, Millbrook High School opened its doors in 2003; and WHEREAS, during the ensuing fifteen years, its athletic teams have quic best in the District and the State; and WHEREAS, the Millbrook High School Girls Basketball Team achieved the greatness by completing an undefeated season, with a record of 2 4 State Championship; and WHEREAS, Coach Erick Green, his staff, and the Millbrook High School Gi represented this community with distinction and honor throughout the State Basketball Tournament; and WHEREAS, this team achieved this honor through a combination of hard work true sportsmanship, which has brought favorable recognition upon community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers 2 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 its congratulations to the coaches and players of the 2018 Millb 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. + + + + + + + + + + + + CITIZEN COMMENTS -None BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: PRESENTATION BY FLAGS OF VALOR Wendy May of the Frederick County Economic Development Authority introduced Mike Taylor with Flags of Valor. Mr. Taylor said his company recently expanded with a location in Frederick County and employs combat veterans to manufacture its products. Mr. Taylor presented a wooden American flag to the citizens of Frederick County. Chairman DeHaven and the Board accepted the flag with thanks on behalf of the County’s citizens. COMMITTEE APPOINTMENTS Supervisor Dunn said he wished to nominate Ryan Shaw to the Social Services Board as the Red Bud District Representative. Chairman Dehaven noted the Board policy requiring applications to be included in the agenda packet prior to nomination, and asked that the motion be held until the next Board meeting. CARL RUSH RE-APPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Supervisor Trout moved to reappoint Carl Rush to the Historic Resources Advisory Board as the Shawnee District representative for a four-year term ending May 22, 2022. Supervisor Wells seconded the motion which carried on a voice vote. PUBLIC HEARING SET FOR PETITION FOR MOUNTAIN FALLS PARK TO BECOME A SANITARY DISTRICT- APPROVED Mr. Tierney provided background information for the request saying that State code provides for sanitary districts as a mechanism to fund infrastructure and maintenance in a specific geographic area with the property owners being assessed a fee. Mr. Tierney said that the twocurrent County sanitary districts,Shawneeland and Lake Holiday, were formed at a time when the residents petitioned the Circuit Court. He continued saying that State Code has changed, and now the petition comes to the Board of Supervisors which is then required to hold a public hearing on the matter. Mr. Tierney said the four criteria specified by the Code to be used in determining the creation of a sanitary district are whether it is necessary, practical, fiscally responsible, and supported by 50% of the residents. 3 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 Mr. Tierney said the Board’s options after holdinga public hearingare: eitherto create or not create the district; task staff with further exploring the matter;ortask theresidents with providingmore informationon what thewish the sanitarydistrict to do. Hesaid the petition with63 signatures isnotspecificin its requestforservices. Mr. Tierney said there are2000 lots in the Mountain Falls subdivision with 1200 property ownersand 500 homes.Hesaid that staff recommends that the Board hold a public hearing at thefirst meeting in June to gather more information about thedesires oftheresidents before deciding on the next step in the process. Vice ChairmanLofton moved that theBoard set apublic hearing forthe June 13 Board meeting. Supervisor Wells seconded the motion. The Board and staff discussed the timing of the hearing and the process following thepublic hearing. The motion to set thepublic hearing carried on a voice vote. REQUESTS FROMTHE COMMISSIONEROF THE REVENUEFOR REFUNDS - APPROVED Mr. Tierneyexplained there were tworequests for refunds that have beenreviewed by the County Attorney. Supervisor Slaughter moved for approval ofand corresponding supplemental appropriations fortherefund request byRolling FritoLay Sales,L.P.for $2,778.70 and by Essroc Ready Mix Corp. for $3,114.63. Supervisor Wellsseconded the motion which carried on a roll call voteasfollows: Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye + + ++ + + + + + ++ + COMMITTEE BUSINESS PARKS AND RECREATION COMMISSION RESOLUTION AUTHORIZING PRESERVING OPEN SPACE AT FREDERICK HEIGHTS PARK - APPROVED Supervisor Dunn moved for approval of the Resolution Authorizing Preserving Open Space at Frederick Heights Park. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye AUTHORIZING PRESERVING OPEN SPACE AT FREDERICK HEIGHTS PARK WHEREAS, the Frederick County Parks and Recreation department is installi and half-mile paved trail at Frederick Heights Park; and WHEREAS, Stormwater Management Regulations require Water Quality Control mitigate phosphorus runoff in the Park; and WHEREAS, dedicating 2.03 acres of Frederick Heights Park as Preserved Ope depicted on the Plat entitled "Preservation Area on the land of Parcel 54-A-124A" dated March 19, 2018 and prepared by Christopher G. Bla will satisfy the Water Quality Control requirements; and WHEREAS, the Parks and Recreation Commission unanimously recommends plac 4 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 aforementioned 2.03 acres of Frederick Heights Park into Preserv 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 Space on behalf of the County, as depicted on the Plat entitled "Preservation Area on the land of Recreation, Tax Parcel 54- A-124A" dated March 19, 2018 and prep Greenway Engineering. The Frederick County Board of Supervisors authorizes staff to cause the aforementioned plat to be filed among the land records in the of Frederick County, Virginia. + + + + + + + + + + + + SET PUBLIC HEARING FOR FREDERICK WATER EASEMENT - APPROVED Jason Robertson, Director of Parks and Recreation, provided background on the need for the easement for Frederick Water to serve a recently installed fire hydrant in Sherando Park. Upon motion by Vice Chairman Lofton, seconded by Supervisor Dunn, the Board set a public hearing on the Frederick Water Easement at Sherando Park 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 FINANCE COMMITTEE SUPPLEMENTAL APPROPRIATIONS RECOMMENDED BY THE FINANCE COMMITTEE - APPROVED Supervisor Slaughter moved for approval of the Sheriff’s requests for a General Fund supplemental appropriation in the amount of $12,723.94 for prisoner extradition mileage reimbursements, and a General Fund supplemental appropriation in the amount of $27,941.25 for reimbursement for four (4) auto insurance claims.Supervisor Dunn seconded the motions 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 Slaughter moved for approval of the Sheriff’s requestfor a General Fund supplemental appropriation in the amount of $32,287.50 which represents unbudgeted revenue received for local traffic control. Supervisor Wells seconded the motions 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 Slaughter said the Finance Committee recommended denial of the Sheriff’s request for a General Fund budget transfer in the amount of $100,000 for the purchase of an armor vehicle for the Tactical Teamrepresenting funds expected to be unspent for the current year which are budgeted for health insurance. Supervisor Slaughter moved for approval of a request from the Winchester Regional 5 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 Airport Executive Director for a FY19 Airport Capital Fund supplemental appropriation in the amount of $705,000, adding this amount represents the Airport Capital budget for FY19. 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 Supervisor Slaughter moved for approval of the request from the Parks & Recreation Director for a General Fund supplemental appropriation in the amount of $20,000 which represents a donation from McKee Foods Corporation for the installation of the Frederick Heights Trail. Supervisor Wells 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 Supervisor Slaughter moved for approval of the request from the Voter Registrar for a General Fund supplemental appropriation in the amount of $43,603.70 which represents funds needed for the June primary elections. Supervisor Wells seconded the motion. Supervisor Lofton noted he would pay homage to former Supervisor, and now Delegate, Christopher Collins and vote no on the request. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the request from the Finance Department for a General Fund supplemental appropriation in the amount of $2,527.72 which represents Winter Storm Jonas 2016 reimbursement from VDEM for the Middletown, Clearbrook, Gainesboro, and North Mountain Fire & Rescue companies. 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 Supervisor Dunn thanked McKee Foods for their generous donation saying the County is greatly appreciative. + + + + + + + + + + + + PUBLIC HEARINGS (Non-Planning Issues) OUTDOOR FESTIVAL PERMIT REQUEST OF MESO CRESO –NOMADICO - APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee; for an Outdoor FestivalPermit. Festival to be Held on Friday, June 8, 2018, from 12:00 Noon to Monday, June 11, 2018, 12:00 Noon on 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. 6 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 Mr. Tierney explained the request for the Outdoor Festival Permit. The Board and the applicants discussed the timeframe for the outdoor music. The Applicant said music will be played from 4:00 p.m. until midnight. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of the permit. 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 Judith McCann-SlaughterAye + + + + + + + + + + + + PLANNING COMMISSION BUSINESS Public Hearings REZONING #05-17 FOR O-N MINERALS (CHEMSTONE) d/b/a Carmeuse Lime & Stone, CONTINUED PUBLIC HEARING FROM March 14, 2018 - POSTPONED Submitted by Lawson and Silek, PLC., to Amend the Proffers for this Property; Rezoning 394.2 Acres from the EM (Extractive Manufacturing) District with Proffers to the EM (Extractive Manufacturing) District with Revised Proffers. The Properties are Situated Generally West of the Town of Middletown.Specifically, the Middle MarshProperty 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. This item was postponed for four weeks on motion to amend/adopt the agenda at the beginning of the meeting. + + + + + + + + + + + + CONDITIONAL USE PERMIT #02-18 FOR ALISHA FELTNER–APPROVED Submitted for a Cottage Occupation for a Nail Salon. The Property is Located at 464 Layside Drive, Winchester, Virginia and is Identified with PropertyIdentification Number 51-A-129 in the BackCreek Magisterial District. Mark Cheran,Zoning & Subdivision Administrator, said the request is for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single- family detached structure. He said the use would be operated from one room in the basement of the dwelling. He said 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. Mr. Cheran said that should the Board of Supervisors find this use appropriate, the Planning Commission recommends 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. The Applicant, Alisha Feltner, said she wished to scale back her current business and work out of her home, seeing one client at a time. She said her business is exclusive to her existing clients and is not open to the public. She said she respects the concerns about privacy 7 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 noted by her neighbors, saying her clients will respect the privacy and safety of the neighborhood. The Board and the Applicant discussed disposal of chemicals used in the nail business and the likelihood of the number of clients increasing. Ms. Feltner assured the Board that she uses a natural process and will not be placing chemicals in her septic system. She reiterated that she intends to keep her business limited to no more than eight clients per week. Chairman DeHaven opened the public hearing. The speakers were as follows: John Ingman, Back Creek District, said he is concerned that if the CUP is granted, other businesses will want to open in the subdivision. He said the covenants state the subdivision’s lots are for residential purposes only and the Planning Commission should not have the right to violate the HOA covenants. Lisa Creamer, Back Creek District, said the HOA covenants state the subdivision’s lots are for residential purposes only and the Applicant’s request has been handled inappropriately. She said the neighborhood is a private subdivision allowing no trespassing and that all the residents should have been notified about the Applicant’s request. Jennifer LaFollette, Back Creek District, asked the Board to consider four factors: precedent- traffic generating businesses have never been allowed in the subdivision; intent- the covenants state one single family dwelling per lot is allowed indicating the intent is for residences only; impact- eight customers per week will mean many non-residents affecting the neighborhood; and enforceability- the HOA will have no way to monitor whether the conditions are being complied with. Laura Sperling, Back Creek District, quoted a neighbor who said no one protects the roads except the residents and having a occupant open a nail shop is unacceptable for privacy in the neighborhood. She said her property adjoins the Applicant’s lot and she spends much time outside. She cited concerns about malodorous chemicals used in the nail salon business. Stacy Frye, Back Creek District, said she agreed with the Planning Commissioner who stated the need to vote on how the request affects the County and not according to the covenants which are private. She referenced concerns about privacy saying that the neighborhood is already used by outsiders traveling through the area. Ms. Frye said the Applicant has a few clients she will invite to her home and whom she knows and trusts. She asked the Board not to decline the request. Bettina Eutsler, Back Creek District, said the covenants state the subdivision’s lots are for residential purposes only. She said the Applicant is not the property owner, and if one business is approved it opens the door to others coming in. Julie Zuckerman, disagreed with an earlier speaker saying she has never seen outsiders using the subdivision’s roads. She said approving the CUP opens the door for other businesses, adding that the seclusion of the neighborhood makes the residents sitting ducks. She said most residents are opposed to the business starting, and she isconcerned about a precedent being set. David Hershey, Back Creek District, said he has lived in the subdivision 45 years and the residents never thought a CUP for a business could happen. He said his biggest concern is the precedent being set. Elton Hinson, Back Creeek District, requested that the Board delay a decision until the 8 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 HOA meets to resolve the issue. Laura Clark, Back Creek District, said she has never asked the County for money for snow removal or road maintenance. She said was asking the Board to deny the CUP request. Lisa Creamer, Back Creek District, concluded her earlier remarks saying the neighborhood maintains the roads. She asked the Board to deny the CUP request or delay the decision until after the HOA meets on May 12. Alisha Feltner, the Applicant, said that she is the home owner and her name is on the deed. Chairman DeHaven closed the public hearing. Vice Chairman Lofton said he appreciates both sides of the issue. He asked the County Attorney which entity would have precedence if the Board granted the CUP and the HOA covenants prohibited the use. County Attorney Williams explained that the zoning ordinance is additional regulation that comes after the covenants. He said County action granting the CUP in no way supersedes or violates the covenants, and the CUP has no impact on the covenants. Vice Chairman Lofton moved to approve the Conditional Use Permit #02-18 for Alisha Feltner with the conditions recommended by the Planning Commission. He noted that granting the CUP will allow the residents and the HOA to determine the appropriateness of the use. Supervisor Trout seconded the motion. Supervisor Dunn asked Mr. Cheran if the disposal of the nail care products had been addressed. Mr. Cheran said the Health Department has determined there will be no adverse effects from the home business. Supervisor Slaughter asked about the practice of granting conditional use permits to owners rather than applicants. Mr. Cheran noted that the CUP stays with the property, and said the application includes a limited power of attorney document as a standard practice when the owner and applicant are not the same. Deputy County Administrator Tibbs noted that the County’s property records show the Applicant, Ms. Feltner, as the owner of the property named in the CUP request. Supervisor Wells said he understands both sides of the issue and thinks that it is sad that the County must make a decision possibly leading to the HOA having to deal with the situation legally. Supervisor Dunn said he understand the concerns but does not think the number of clients will cause an impact, and the issue concerns property rights of a homeowner wishing to start a business. The motion to approve the CUP carried 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. No Judith McCann-SlaughterAye 9 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting 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 L 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 Permit on April 4, 2018, and recommended approval of the Conditi WHEREAS, the Frederick County Board of Supervisors held a public hearing al Use Permit during their regular meeting on April 25, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of to be in the best interest of the public health, safety, welfare 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 z 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: 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 thro 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 + + + + + + + + + + + + Other Planning Business – None BOARD LIAISON REPORTS– None CITIZEN COMMENTS Ethel Nichols, Back Creek District, thanked the Board for consideration of the request by the Mountain Falls Park subdivision to become a sanitary district. She said the Board of Governors of the subdivision lacks the skill set to manage the subdivisions. She said 38% of the residents pay dues and over $800,000 in outstanding dues is owed. Ms. Nichols said many residentsare apathetic and frequently do not comply with the rules and by-laws. She asked the Board to consider seriously the request for Mountain Falls Park to become a sanitary district. BOARD OF SUPERVISORS COMMENTS Vice Chairman Lofton invited all to enjoy the upcoming Apple Blossom Festival. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 8:18 p.m. 10 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 MEMO To:Jay Tibbs, Deputy County Administrator for Human Services From:Jason L. Robertson, Director, Parks & Recreation Dept. Subject:Parks and Recreation Commission Action Date: April 11, 2018 The Parks and Recreation Commission met on April 10, 2018. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan,Guss Morrison, Charles Sandy, Jr., Amy Strosnider, and Robert Wells (Board of Supervisors’ Non- Voting Liaison). Members absent: None Items Requiring Board of Supervisors Action: The Buildings and 1.Buildings & Grounds Committee – Frederick Water Easement Sherando Park - Grounds Committee recommended approval of the Frederick Water easement request for the Sherando Park Fire Hydrant Line as submitted, second by Mr. Sandy, motion carried unanimously (8-0). Please find attached a copy of the Frederick Water Deed of Easement. Public hearing is needed to grant this easement. Submitted for Board Information Only: 1.Buildings & Grounds Committee – Park Rules - Raffles – The Buildings and Grounds Committee recommended changing the park rules as follows “Gambling or betting is not permitted on park property. Bingo’s or raffles may be held at the discretion of the Director and are limited to the area secured by the renter. Solicitation to other park patrons will not be permitted. Contact 540-665-5678 for further details and to obtain a Vendor Permit Application.”, second by Mr. Sandy, motion carried unanimously (8-0). cc: Randy Carter, Chairman Robert Wells, Board of Supervisors’Non-Voting Liaison 11 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 RESOLUTION Frederick County Board of Supervisors DED OF EASEMENT TO FREDERICKCOUNTY 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,rederick County, Virginia - Tax Parcel Number 86-A-143; and said parcelis identified as:F 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 BoardofSupervisors hereby grants and convey unto the Authority, its successors and assigns, andeasement and right ofway. 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 12 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 13 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 14 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 15 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 16 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 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. 17 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 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 ending April 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 18 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 19 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 21 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 22 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 23 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 24 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 25 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 26 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 27 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 28 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 29 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 30 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 31 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 34 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 39 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 40 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 41 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 42 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 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. 43 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 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 44 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 45 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 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 46 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 47 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 48 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 49 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 50 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 51 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 52 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 53 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 54 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 55 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 56 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 57 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 58 of 58 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Regular Meeting April 25, 2018 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director - Transportation RE: Transportation Committee Report for Meeting of April 23, 2018 DATE: April 25, 2018 The Transportation Committee met on Monday, April 23, 2018 at 8:30 a.m. Members Present Members Absent Gary Lofton Chairman (voting) Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting) Barry Schnoor (voting) James Racey (voting) Gary Oates (liaison PC/voting) Lewis Boyer (liaison Stephens City) ***Items Not Requiring Board Action*** 1.Jones Road-Truck Restriction: Chairman Lofton was contacted by residents that reside on Jones Road regarding the increase in heavy truck traffic. They are seeking a truck restriction. The Committee discussed that Jones Road provides a connection between Middle Road and Cedar Creek Grade. The most recent VDOT traffic count on Jones Road indicated the average daily use was 2,700 vehicles. This count does not provide a truck percentage. It was discussed if the trucks are restricted from using Jones Road, an alternate route would be used. Upon motion by, Mr. Oates, seconded by Mr. Racey the Committee chose not to send forward a recommendation to the Board of Supervisors. 2. Grace Church Road (Route 668)-Unpaved Road: Staff has been in contact with a resident of Grace Church Road, regarding dust and maintenance. Virginia Department of Transportation (VDOT) has applied dust remediation, however the overall concern of the maintenance remains. The resident would like the roadway to be added to the unpaved list. The traffic trips have increased 50% from 120 trips per day in 2008 to 180 trips in 2017. 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 -2- Upon motion by Supervisor McCann-Slaughter, seconded by Mr. Oates, the Committee recommended that Staff include Grace Church Road (Route 668) to the next update of the Secondary Road Improvement Plan. 3.Route 604 from Route 55 to Route 600-Truck Restriction: Chairman Lofton has been contacted by the residents of Gravel Springs Road (Route 604) regarding heavy truck traffic. They are seeking a truck restriction. Gravel Springs Road provides a connection between Wardensville Pike (Route 55) and Route 600. This section was counted by VDOT in 2014 and at that time there was a total of 390 vehicles per day. This study did not specify truck trips. The Committee discussed the proposed truck restriction and requested additional analysis by VDOT and was not ready to move forward. On motion by Mr. Racey, seconded by Mr. Oates the Committee recommended postponing this item until additional analysis by VDOT is completed. 4.County Project Updates: Tevis Street Extension/Airport Road/I-81 Bridge: Staff continues to work through roundabout design comments from VDOT. A memorandum of the agreement has been developed regarding the comments from the Shenandoah Valley Battlefield Foundation that was part of the State Environmental Review Process and has been distributed. The surface street design is nearly complete. Renaissance Drive: The test borings for the geotechnical report are currently taking place. The geotechnical report is expected to be completed in May. Staff is awaiting additional feedback from FirstEnergy regarding powerline impacts. The Preliminary Engineering Agreement has been executed with CSX, which governs CSX review of the bridge design. Pennoni Associates is beginning to work on the State Environmental Review Process and the design is at 30%. Coverstone Drive: No activity currently. Jubal Early Drive Extension and Interchange with Route 37: Staff has recently prepared materials for our private partner that outlines the timelines for funding and items that are needed to proceed forward with the project. -3- 5.Upcoming Agenda Items: May Interstate, Primary, and Secondary Plan updates TBD Oakdale Crossing Traffic Calming Study 6.Other Business: Mr. Oates was contacted by a resident of Woodside Road regarding the dust and maintenance. Staff advised a follow-up with the Committee on this issue. The next Transportation Committee meeting has been rescheduled to May 21, 2018. JAB/ks Employee of the Month Resolution Awarded to: Patricia A. Rodgers WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for theaward may be nominated by any County employee; and, WHEREAS, the Board of Supervisorsupon recommendation by the Human Resources Committeeselects one employee from those nominated; and, WHEREAS,Patricia A. Rodgerswho servesas a Booking Technician with the Northwestern Regional Adult Detention Center wasnominated for Employee of the Month; and, Booking Technician, PatriciaRodgers is heavily relied on by the booking WHEREAS, staff for her in depth knowledge of policies and booking procedures. Ms. Rodgers has assisted in training several new booking staffmemberswith a calm pleasant demeanor. She shows a passion for mentoring others and makes herself available to assist anyone with questions. On several occasions, Ms. Rodgershas changed her work schedule, sometimes at a moment’s notice,to assist with an influx of new committals for the day. Ms. Rodgers recently received a letter of appreciation from a judge at the courthouse through Superintendent Whitley acknowledging her efforts toensurethat inmates were able to participate in a hearing in Court by audio-visual means. She went out of her way to accommodate the request and assured that theprocess ran smoothly;and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors day ofMay2018, thatPatricia A. Rodgers is hereby recognized as the Frederick this 9 th County Employee of the Month forMay2018; and, BEIT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Patricia A. Rodgers for heroutstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Patricia A. Rodgers is hereby entitled to all of the rights and privileges associated with heraward. County of Frederick, VA Board of Supervisors ___________________________________ Charles S. DeHaven, Jr., Chairman RESOLUTION Frederick County Board of Supervisors DED OF EASEMENT TO FREDERICKCOUNTY 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,is identified as:Frederick County, Virginia - Tax Parcel Number 86-A-143; and said parcel 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 BoardofSupervisors hereby grants and convey unto the Authority, its successors and assigns, andeasement and right ofway. 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. C harles 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 CONDITIONAL USE PERMIT #04-18 West Oaks Farm Market, LLC. - Special Event Facility & Restaurant Staff Report for the Board of Supervisors Prepared: May 3, 2018 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/02/18 Recommended Approval Board of Supervisors: 05/09/18 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 05/09/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility and restaurant in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1.All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.Building permits shall be acquired prior to establishment of the deli-style counter service restaurant use. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5.Special events may accommodate up to and not to exceed 275 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. 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 #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 LOCATION: The subject property is generally located south on Valley Avenue (Route 11) off Middle Road (Route 628) immediately south of Orchard View Elementary School. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 74-A-3 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural (Orchard/Farm) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Residential South: RA (Rural Areas) Use: Open Space/Agricultural East: RA (Rural Areas) Use: Public School/Open Space/Agricultural West: RA (Rural Areas) Use: Open Space PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a 3,456- square foot special event facility (banquet room) for weddings, business meetings, birthday parties, showers, reunions and other similar type events as part of the West Oaks Farm Market complex. The Applicant also proposes a separate deli-style restaurant (counter service) as part of their farm market operations. REVIEW EVALUATIONS: Virginia Department of Transportation: We have reviewed the above subject application received February 26, 2018 for impacts to the transportation system. Our comments are as follows: The existing Private Entrances proposed to provide access to the Farm Market/Event An engineered Commercial Entrance Site Plan would need to be submitted to VDOT for Entrance Site Plan Checklist to be completed with site plan submittal. A VDOT Land Use Permit shall be obtained prior to any work on upgrading the entrance on VDOT Right-of-Way. The permit is issued by this office and will require an application fee and surety coverage. See original comment email dated March 8, 2018. Page 3 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 Frederick County Inspections: Farm buildings and structures, except for a building or portion of a building located on a farm that is operated as a restaurant as defined in Section 35.1-1 of the Code of Virginia and licensed as such by the Virginia Board of Health pursuant to Chapter 2 (Section 35.1-11 et. Seq.) of Title 35.1 of the Code of Virginia require permits and inspection. Area of the building operated as a restaurant shall comply with The Virginia Uniform Statewide Building Code and Section 303, use Group A-Assembly (or Business, Section 304, if less than 50 people) of the Virginia Building Code/2012. Other codes that apply are ICC/ ANSI A117.1- 2009 Accessible and Usable Buildings and Facilities and International Energy Code. A building permit is required, as well as a plumbing permit, mechanical permits, and electrical permit for the restaurant area. The hood shall be installed over cooking appliances that produce grease or smoke. Grease interceptor and/or separator shall be provided to prevent to the discharge of oil, grease, sand and other substances into the sewage system. Public restrooms shall be provided and shall meet ANSI A117.1-09. The accessible restrooms shall be located on an accessible level. Handicap parking shall comply with ANSI A117.1-09. A minimum of one van accessible space is required. Van accessible parking shall have a width per Section 502 ANSI. Maximum 2% slope required for parking and unloading. Accessible parking and unloading to main entrance is required. 60% of all entrances shall be accessible and all required exists shall be accessible. Accessible parking signage for van shall included $500 fine. See USBC Section 1106.8 See original comment letter dated March 19, 2018. Winchester-Frederick County Health Department: This office has received an Application for a Department of Health Food Establishment Permit for West Oak Farm Market, LLC, to be located at 4305 Middle Road, Winchester, Virginia. This letter is to inform you of the requirements necessary for Approval of said plans. Please note the following regarding the physical establishment for the Plan Review of your Application and site visit conducted on March 13, 2018: 1.Existing Onsite Sewage Disposal System must be evaluated by a professional Engineer/Private Soil Evaluator to determine its adequacy to service the proposed 2.Contact VDH Office of Drinking Water (540-463-7136) regarding an approved water supply source. 3.Need Frederick County Building Department approval for the proposed food service facility (Note: This office must receive a copy of the Certificate of Occupancy that states Page 4 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 the Occupancy Load facility). 4.Need to setup meeting between VDH &VDACS to discuss the setup of the multi- jurisdictional facility. 5.Submit proposed menu. The following requirements are related to the operation of the facility: 1.No smoking sign to be posted in the food establishment. 2.A pest control program must be in place. 3.Trash dumpster and grease vessel (is applicable) must be in place. 4.An employee health policy, verbal or written, must be established. For more information, see the Commonwealth of Virginia Board of Health Food Regulations, 12 VAC 5-421- 80. 5.The hot water requirement at all hand sinks is 100°F and is 110°F at the 3-compartment sink. 6.ANSI approved Certified Food Manager will be required by July 1, 2018 At the time of pre-opening inspection, this office will verify that the above-mentioned items have been addressed. Please keep in mind that the above list is not all-inclusive. The facility falls under the Commonwealth of Virginia, State Board of Health, Food Regulations, which can be found at the following website: http://www.vdh.virginia.gov/EnvironmentalHealth/Food/Regulations/index.htm. See original comment letter dated March 23, 2018. Frederick County Fire Marshall: Approve. CUP approved provided that a site plan be submitted, and the structure is built to the life safety requirements of the Frederick County Fire Prevention Code unless you have an agricultural exemption from the Frederick County Building Official. See original comment letter dated February 23,2018. Historic Resources Advisory Board: Approve. See comment letter dated March 28, 2018. Page 5 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 Planning and Zoning: This application for a Conditional Use Permit (CUP) for the establishment of a special event facility for private events such as weddings or other similar type events and a separate restaurant (deli-style counter service use) accessory to a by-right farmers market. A special event facility and/or restaurant is a permitted use in the RA (Rural Areas) a facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. West Oaks Farm is a working farm with orchards. An approximately 10,500 SF building is under construction for use as a farm market (anticipated opening late-spring 2018; see photos below). The Applicant, proposes having a separate space (totaling approximately 3,456-square feet) for private special events (including weddings, business meetings, birthday parties, showers, family reunions, etc.) as well as for events hosted by the farm market. The special event facility will include a catering kitchen for hired (outside) catering services to use during events to warm and cool food. This application also includes a proposal for a small counter-service restaurant within the farm market portion of the building which would serve deli-style food to farm market customers. The restaurant space will have a full commercial kitchen to accommodate a counter-service style restaurant serving a limited menu of food. The Applicant is also in the process of securing a license for on-site wine and beer sales. The proposed building (which includes the farm market, restaurant, and special event space) will have permanent bathroom facilities served by a septic/drainfield. The site will also have a commercial entrance for vehicles from Middle Road, and designate gravel parking area will also be provided. The property is surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick County and is to Page 6 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 remain agricultural in nature and is not part of any land use study. The Board of Supervisors added District in May 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. STAFF CONCLUSIONS FOR THE 05/02/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility and restaurant in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 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 Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.Building permits shall be acquired prior to establishment of the deli-style counter service restaurant use. 4.Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5.Special events may accommodate up to and not to exceed 275 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. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 05/02/18 MEETING: The Planning Commission held a public hearing on the proposed CUP on May 2, 2018. Planning Staff provided an overview of the proposed uses, noting the Applicant had satisfied all of the County requirements and addressed review agency comments. Staff noted that the special event facility and counter-service restaurant use would be accessory to the Applicants by-right farmers market, West Oaks Farm Market, currently under construction on the site. Staff continued that the Applicant proposes that special events may include private events for up to 275 persons such as weddings or reunions in addition to those customers of the farmers market, or special events associated with the farmers market activities. Page 7 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 The Applicant, Mr. Joe Snapp, also spoke, again noting his request for a special event facility and restaurant. One member of the Planning Commission asked about the entrances proposed from Middle Road. Mr. Snapp noted that one entrance would be built to commercial entrance standards acceptable to VDOT and would serve the farmers market, the special event center, and restaurant uses. The other entrance would likely be a private/gated entrance for use by the farm operations and deliveries and not by customers/guests. No members of the public spoke during the public hearing portion of the meeting. The Planning Commission voted 12-0-1 (Commissioner Manuel absent) to forward the item to the Board of Supervisors with a recommendation of approval. CONCLUSION FOR THE 05/09/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility and restaurant in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.Building permits shall be acquired prior to establishment of the deli-style counter service restaurant use. 4.Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5.Special events may accommodate up to and not to exceed 275 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. 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. 278321RUBINETTE THE ORCHARD 131116 RUBINETTE CHEIFTON PL 395179CHEIFTON PL WAY RUBINETTE CUP # 04 - 18 WAY Subdivision 119 LICKSKILLET LNRUBINETTE WAY WAY CHEIFTON PL 210 RUBINETTE West Oaks Farm Market, LLC WAY ST 452 344 121 4338 628 BARLEY LN RUBINETTE PIN:RUBINETTE MIDDLE RD WAY 395 WAY LICKSKILLET LN 74 - A - 3 Special Event Facility 4101 140 Zoning Map MIDDLE RD LICKSKILLET LN 4468 MIDDLE RD 4063 4536 MIDDLE RD MIDDLE RD 4556 4668 4275 MIDDLE RD MIDDLE RD ST MIDDLE RD 4634 628 MIDDLE RD 4670 MIDDLE RD 4708 MIDDLE RD 4639 MIDDLE RD 4706 MIDDLE RD 4253 MIDDLE RD 4750 MIDDLE RD 4719 4661 MIDDLE RD MIDDLE RD 110 4743 BARLEY LN MIDDLE RD 4687 MIDDLE RD 4771 CUP #04-18 MIDDLE RD 4685 MIDDLE RD 141 74 A 3 GERMANY RD 4701 MIDDLE RD 161 GERMANY RD 203 4255 GERMANY RD MIDDLE RD 1690 SPRINGDALE RD 221 GERMANY RD 1744 4555 SPRINGDALE RD MIDDLE RD 1786 SPRINGDALE RD 1686 1783 SPRINGDALE RD SPRINGDALE RD 1662 SPRINGDALE RD 1755 SPRINGDALE RD 1640 834 SPRINGDALE RD 309 SHADY GERMANY RD ELM RD ST 649 950 CARTERS LN 1711 SPRINGDALE RD SPRINGDALE GLEN Subdivision 01 37 Applications ST CARROLLTON 649 Parcels ESTATES Building Footprints Subdivision B1 (Neighborhood Business District) 634 B2 (General Business District) SPRINGDALE RD B3 (Industrial Transition District) EM (Extractive Manufacturing District) BERRY HILL HE (Higher Education District) Subdivision M1 (Light Industrial District) Note: CUP # 04 - 18 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) West Oaks Planning & Development I MS (Medical Support District) 107 N Kent St Farm Market, LLC Suite 202 OM (Office - Manufacturing Park) PIN: Winchester, VA 22601 R4 (Residential Planned Community District) 74 - A - 3 540 - 665 - 5651 R5 (Residential Recreational Community District) Special Event Facility Map Created: March 30, 2018 RA (Rural Areas District) Zoning Map Staff: tklein RP (Residential Performance District) 05001,0002,000Feet 278321RUBINETTE THE ORCHARD 131116 RUBINETTE CHEIFTON PL 395179CHEIFTON PL WAY RUBINETTE CUP # 04 - 18 WAY Subdivision 119 LICKSKILLET LNRUBINETTE WAY WAY CHEIFTON PL 210 RUBINETTE West Oaks Farm Market, LLC WAY ST 452 344 121 4338 628 BARLEY LN RUBINETTE PIN:RUBINETTE MIDDLE RD WAY 395 WAY LICKSKILLET LN 74 - A - 3 Special Event Facility 4101 140 Location Map MIDDLE RD LICKSKILLET LN 4468 MIDDLE RD 4063 4536 MIDDLE RD MIDDLE RD 4556 4668 4275 MIDDLE RD MIDDLE RD ST MIDDLE RD 4634 628 MIDDLE RD 4670 MIDDLE RD 4708 MIDDLE RD 4639 MIDDLE RD 4706 MIDDLE RD 4253 MIDDLE RD 4750 MIDDLE RD 4719 4661 MIDDLE RD MIDDLE RD 110 4743 BARLEY LN MIDDLE RD 4687 MIDDLE RD 4771 CUP #04-18 MIDDLE RD 4685 MIDDLE RD 141 74 A 3 GERMANY RD 4701 MIDDLE RD 161 GERMANY RD 203 4255 GERMANY RD MIDDLE RD 1690 SPRINGDALE RD 221 GERMANY RD 1744 4555 SPRINGDALE RD MIDDLE RD 1786 SPRINGDALE RD 1686 1783 SPRINGDALE RD SPRINGDALE RD 1662 SPRINGDALE RD 1755 SPRINGDALE RD 1640 834 SPRINGDALE RD 309 SHADY GERMANY RD ELM RD ST 649 950 CARTERS LN 1711 SPRINGDALE RD SPRINGDALE GLEN Subdivision 01 37 ST CARROLLTON 649 ESTATES Subdivision 634 SPRINGDALE RD BERRY HILL Subdivision Note: CUP # 04 - 18 Frederick County Dept of West Oaks Planning & Development I 107 N Kent St Farm Market, LLC Suite 202 PIN: Winchester, VA 22601 74 - A - 3 540 - 665 - 5651 Applications Special Event Facility Map Created: March 30, 2018 Parcels Location Map Staff: tklein Building Footprints 05001,0002,000Feet ORDINANCE ______________________________ Action: PLANNING COMMISSION: May 2, 2018 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: May 9, 2018 ORDINANCE CONDITIONAL USE PERMIT #04-18 WEST OAKS FARM MARKET, LLC SPECIAL EVENT FACILITY & RESTAURANT WHEREAS, Conditional Use Permit #04-18 for a Special Event Facility and Restaurant, submitted by West Oaks Farm Market, LLC was considered. The subject property is generally located south on Valley Avenue (Route 11) off Middle Road (Route 628) immediately south of Orchard View Elementary School at 4305 Middle Road and is further identified with Property Identification Number 74-A-3 in the Back Creek Magisterial District, and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on May 2, 2018 and recommended approval of the Conditional Use 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 May 9, 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 #04-18 for a Special Event Facility and Restaurant on the parcel identified by Property Identification Number 74-A-3 with the following conditions: 1. All review agency comments shall be complied with at all times. PDRes #16-18 1 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of use. 3. Building permits shall be acquired prior to establishment of the deli-style counter service restaurant use. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 275 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Passed this 9th day of May 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 rator Frederick County Administ PDRes #16-18 2 MASTER DEVELOPMENT PLAN #02-18 Regents Crest Staff Report for the Board of Supervisors Prepared: May 1, 2018 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/04/18 Reviewed Board of Supervisors: 05/09/18 Pending PROPOSAL: The Applicant seeks to develop 8.88-acres of property zoned RP (Residential Performance) District and 1.02-acres zoned B2 (General Business) District, 9.9-acres total, into 95 townhome units and four (4) single-family small lot (attached) units. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 53-7-1 through 66A LOCATION: The properties are located generally south of Route 522 in Sunnyside south of Trafalgar Square (Sage Circle). PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) & B2 (General Business) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) Use: Residential B2 (General Business) Use: Commercial South: RP (Residential Performance) Use: Open Space East: RP (Residential Performance) Use: Residential B2 (General Business) Use: Vacant West: RP (Residential Performance) Use: Residential/Open Space STAFF CONCLUSIONS FOR THE 05/09/18 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Regents Crest 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. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, Staff is prepared to proceed to approval of the application. MDP #02-18, Regents Crest May 1, 2018 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation : The master development plan for this property appears to have a measurable impact on Route 522, the initial VDOT facility that would provide access to the property. The application as presented appears acceptable. Please provide this office one digital copy of the approved MDP signed by Frederick County. See comment letter dated January 31, 2018. Frederick County Fire Marshal : Plans approved. See comment letter dated February 6, 2018. Frederick County Public Works: A question has been raised about storm easements for the storm sewer network and pond within the development. At the time of subdivision plan submission, show all recorded easements on the plan including outfall easements to ensure that the future HOA can maintain all proposed facilities. A comprehensive review of stormwater drainage calculations shall also be performed. The current is under an existing VSMP permit. If there is an increase in impervious surface, and review of compliance with regulations will be required. See comment letter dated January 31, 2018. Frederick County Inspections: Comments shall be made at site plan submittal. See comment letter dated January 22, 2018. Frederick Water: Frederick Water offers comments limited to the anticipated impact/effect upon erve 66 residential dwellings. The revised MDP increases the total dwelling count to 103 units. The existing infrastructure should be adequate to accommodate the water and sewer demands from the project. Please note that each residential unit will be required to purchase connections to the water and sewer system and maintain individual meters and account with Frederick Water. Additionally, the introduction of 37 additional units will warrant wet taps into the existing water infrastructure. See comment letter dated February 22, 2018. Frederick County Public Schools: Frederick County Public Schools has reviewed the Regents Crest master development plan application submitted to us on February 27, 2018. We offer the following comment: The cumulative impact of this development and other development in Frederick County will require construction of new schools and support facilities to accommodate increased student enrollment. This development proposal includes 99 single-family attached units. We estimate that this development will MDP #02-18, Regents Crest May 1, 2018 Page 3 house 26 students: 7 high school students, 7 middle school students, and 12 elementary school students. In order to properly serve these additional students, Frederick County Public Schools would spend an estimated $325,000 more per year in operating costs (or $3,283 average per unit per year) and an estimated $1,204,000 in one-time capital expenditures (or $12,162 average per unit). You will find, attached to this letter, a more detailed assessment of the estimated impact of Regents Crest on FCPS, including attendance zone information. It is noted that all streets in Regents Crest except Trafalgar Square will be private lanes. As our buses lk to a bus stop located on a public street at a location designated by our Transportation Department. See comment letter dated March 12, 2018. Frederick County Parks and Recreation: Plan appears to meet Parks and Recreation requirements. See comment letter dated March 5, 2018. Planning & Zoning: A) Master Development Plan Requirement A Master Development Plan is required prior to development of this property. Before a MDP can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the MDP conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the MDP is to promote orderly and planned development of the property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History These properties were not part of a rezoning or other legislative application. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the subject parcel as B2 (General Business) District and R3 (Residential Limited) District. No zoning changes have been made to the portion of the property zoned B2 District. The portion of the property zoned R3 District was changed to RP (Residential Performance) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. A previous Master Development Plan was approved in 2004. C) Site Suitability & Project Scope Comprehensive Plan: The 2035 Comprehensive Policy 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. MDP #02-18, Regents Crest May 1, 2018 Page 4 Land Use Compatibility: These properties are not part of any land-use plan. The proposed development is in the Sunnyside neighborhood of Frederick County. A mixture of residential and commercial uses exists near the subject parcels. Westminster Canterbury is located to the rear of the subject parcels and single-family detached residential dwellings exist along the northwest property line, along the east property line, and across North Frederick Pike (Route 522 North). Commercial properties also exist across North Frederick Pike (Route 522 North). Site Access and Transportation: Access, as shown on the MDP, will be provided to the site via Trafalgar Square from Route 522 North (Northwestern Pike). Internal streets (Sage Circle, Reign Way, Lance Way) will provide circulation throughout the development. Sidewalks will also be provided on either side of internal streets for pedestrian connectivity within the development. The Applicant will also STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING: The Master Development Plan for Regents Crest 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. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. PLANNING COMMISSION SUMMARY FOR 04/04/18 MEETING: Staff provided a general overview of the proposed Master Development Plan (MDP), noting it was for information purposes only. Staff explained it was in general conformance with the requirements of the Frederick County Zoning Ordinance and was not part of any previous legislative action. Staff highlighted improvements including buffering and screening, a multi-use trail, and recreational facilities including an outdoor pavilion and playground for residence. Ordinance text amendment to reduce the required buffer category between townhomes and single-family detached residences allowed this site to add additional units and place them closer to existing residences. There were no additional Planning Commission comments. STAFF CONCLUSIONS FOR THE 05/09/18 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Regents Crest 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. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, Staff is prepared to proceed to approval of the application. 53A 2 C C53A 2 C B53A A 1853A A 6653A A 85 53A A 98 53A A 63 53A 53A 2 C A MDP # 02 - 18 A 61 53A 2 B D 53A 53A 2 C 153A A 62 53A 2 C 10 53A A 97 53A A 64 A 90 53A 2 B C 53A 53A 53A A 96 Regents Crest 53A A 89 A 65 53A 2 C 11A 91 53A 53A 2 A B 53A 2 C 2 01 A 86 53A A 95 PINs: 53A 2 A A 53A A 87 522 53A 2 C 3 53A 2 C 12 53A A 92 53 - 7 - 1 thru 53 - 7 - 66, 53 - 7 - 66A 53A 2 B 1 53A A 88 53A 2 B 7 53A 53A Zoning Map 53A A 12 53A 2 A 1 A 13 A 93 53A 2 C 4 53A 2 C 13 53A 2 53A B 1A A 94 53A 2 A 2 53A 2 C 5 53A 2 53A 2 B 6A 53A A 11 C 14 53A 2 B 2 53A 2 A 3 53A 2 C 6 53A 2 B 6 53A 2 C 15 53A A 8 53A 2 53A 2 A 4 B 2A 53A 2 C 1653A 2 C 7 53A 2 B 5A 53A 2 B 3 53A 2 A 5 53A 2 C 8 53 A 55 53A A 7 53A 2 B 5 53A 2 53 A 56 B 3A 53A 2 A 6 53A 2 B 4 53 7 43 53A 2 A 7 53 A 58 53 7 44 MDP #02-18 53 7 45 53 7 66A 53 7 3 53 7 46 53 7 1 53 A 57 53 7 6 53 7 2 53 7 47 53 7 5 53 7 7 53 7 48 53 7 11 53 7 8 53 7 49 53 7 10 53 7 13 53 A 59 53 7 9 53 7 14 53 7 50 53 7 12 53 7 15 53 7 51 53 7 19 53 7 16 53 7 20 53 7 17 53 7 52 53 A 54 53 7 22 53 7 21 53 7 18 53 7 5353 A 61A 53 7 23 53 7 54 53 7 27 53 7 24 53 7 28 53 7 55 53 7 26 53 7 29 53 7 56 53 7 32 53 7 33 53 7 30 53 7 34 53 7 57 53 7 31 53 7 35 53 7 36 53 7 40 53 7 58 53 7 38 53 7 41 53 7 37 53 7 59 53 7 42 53 7 39 53 A 61 53 7 60 53 7 62 53 7 66A 53 7 61 53 7 63 53 A 60 53 7 66 53 7 64 53 7 65 53 A 60 53 A 63A Applications Sewer and Water Service Area Parcels 53 A 63 Building Footprints B1 (Neighborhood Business District) 01 B2 (General Business District) 522 B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) Note: M2 (Industrial General District) MDP # 02 - 18 Frederick County Dept of MH1 (Mobile Home Community District) Regents Crest Planning & Development I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 53 - 7 - 1 thru 53 - 7 - 66, 53 - 7 - 66A Winchester, VA 22601 R4 (Residential Planned Community District) Zoning Map 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: March 13, 2018 RA (Rural Areas District) Staff: tklein RP (Residential Performance District) 0130260520Feet 53A 2 C C53A 2 C B53A A 1853A A 6653A A 85 53A A 98 53A A 63 53A 53A 2 C A MDP # 02 - 18 A 61 53A 2 B D 53A 53A 2 C 153A A 62 53A 2 C 10 53A A 97 53A A 64 A 90 53A 2 B C 53A 53A 53A A 96 Regents Crest 53A A 89 A 65 53A 2 C 11A 91 53A 53A 2 A B 53A 2 C 2 01 A 86 53A A 95 PINs: 53A 2 A A 53A A 87 522 53A 2 C 3 53A 2 C 12 53A A 92 53 - 7 - 1 thru 53 - 7 - 66, 53 - 7 - 66A 53A 2 B 1 53A A 88 53A 2 B 7 53A 53A Location Map 53A A 12 53A 2 A 1 A 13 A 93 53A 2 C 4 53A 2 C 13 53A 2 53A B 1A A 94 53A 2 A 2 53A 2 C 5 53A 2 53A 2 B 6A 53A A 11 C 14 53A 2 B 2 53A 2 A 3 53A 2 C 6 53A 2 B 6 53A 2 C 15 53A A 8 53A 2 53A 2 A 4 B 2A 53A 2 C 1653A 2 C 7 53A 2 B 5A 53A 2 B 3 53A 2 A 5 53A 2 C 8 53 A 55 53A A 7 53A 2 B 5 53A 2 53 A 56 B 3A 53A 2 A 6 53A 2 B 4 53 7 43 53A 2 A 7 53 A 58 53 7 44 MDP #02-18 53 7 45 53 7 66A 53 7 3 53 7 46 53 7 1 53 A 57 53 7 6 53 7 2 53 7 47 53 7 5 53 7 7 53 7 48 53 7 11 53 7 8 53 7 49 53 7 10 53 7 13 53 A 59 53 7 9 53 7 14 53 7 50 53 7 12 53 7 15 53 7 51 53 7 19 53 7 16 53 7 20 53 7 17 53 7 52 53 A 54 53 7 22 53 7 21 53 7 18 53 7 5353 A 61A 53 7 23 53 7 54 53 7 27 53 7 24 53 7 28 53 7 55 53 7 26 53 7 29 53 7 56 53 7 32 53 7 33 53 7 30 53 7 34 53 7 57 53 7 31 53 7 35 53 7 36 53 7 40 53 7 58 53 7 38 53 7 41 53 7 37 53 7 59 53 7 42 53 7 39 53 A 61 53 7 60 53 7 62 53 7 66A 53 7 61 53 7 63 53 A 60 53 7 66 53 7 64 53 7 65 53 A 60 53 A 63A 53 A 63 01 522 Note: MDP # 02 - 18 Frederick County Dept of Regents Crest Planning & Development I 107 N Kent St PINs: Suite 202 53 - 7 - 1 thru 53 - 7 - 66, 53 - 7 - 66A Winchester, VA 22601 Applications Location Map 540 - 665 - 5651 Sewer and Water Service Area Map Created: March 13, 2018 Parcels Staff: tklein Building Footprints 0130260520Feet COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director SUBJECT: Request for a Commercial Pump & Haul Permit 3149 Front Royal Pike, Winchester (PIN#: 87-A-64) DATE: April 25, 2018 ________________________________________________________________________ Staff has received a second request seeking approval of a commercial Pump & Haul Permit for an existing nonconforming commercial structure located at 3149 Front Royal Pike in the Shawnee Magisterial District. The approximately 0.66-acre property contains a 2,977 square foot structure which was built in 1947. This structure was previously utilized for a convenience store but has been closed since 2011. This request is the first step to reopen the convenience store; if the pump and haul permit is approved the Applicant will next be able to apply for a Conditional Use Permit seeking to reestablish the nonconforming use. The subject property is outside the limits of the Sewer and Water Service Area (SWSA). Frederick County Code, §161-201.05A, states that the Frederick County Board of Supervisors, after receiving a written statement from the Health Department, may approve a permanent pump and haul system permit if specific criteria This request appears to comply with the code requirements and, are satisfied. therefore, Board consideration of the request is appropriate. Applicable Code Requirements and Analysis Frederick County Code Chapter 161 addresses Sewage Disposal Systems and, more specifically, permanent pump and haul systems are addressed in §161-201.05. In 2009, the County revised its health system ordinance to enable the issuance of permanent pump and haul system permits only upon the approval of the Board of Supervisors. Additionally, criteria was established in §161-201.05 to offer guidance in the evaluation of the merits of a request for a permanent pump and haul system. The following criteria must be met in order to qualify to apply for a pump and haul system: u The structure to be served is one of the following: 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 Frederick County Board of Supervisors RE: Pump and Haul Application April 25, 2018 Page 2 u An existing dwelling that has no indoor plumbing and is converting to indoor plumbing, or where an existing onsite sewage system has failed; ,u An existing structure used as a place of worship; -u An existing school structure; 7u An existing commercial structure; and u The Health Department has rejected an application for an onsite sewage system otherwise permitted under this Chapter, or an off-site system; and u All other options for a sewage system (i.e. off-site easement) have been pursued and found unsatisfactory as evidenced by a denial letter issued by the Health Department and/or documentation that a neighboring property owner is uncooperative in giving an easement; and u There shall be no additional bedrooms or bathrooms added to the dwelling or structure as a result of the permitting of a permanent pump and haul system. Background In correspondence dated March 17, 2017, from the Virginia Department of Health, it states that a soil evaluation was conducted on the property and it was concluded that an onsite sewage disposal system could not be supported by this property due to insufficient area available for required drain field and reserve area. The property owner has also been unable to obtain an offsite easement (see attached letter). The property owner has established a relationship with Martin Pumping Service LLC to service the requested pump and haul system. The Board of Supervisors previously considered this request on August 9, 2017 and th denied the commercial pump and haul request. The minutes from the August 9 meeting are included with this memo. Conclusion The property owner appears to have addressed the requirements of the County Code to utilize a pump and haul system for the property at 3149 Front Royal Pike, Winchester. This request appears to comply with the code requirements and, therefore, Board consideration of the request is appropriate. It should be noted that the maintenance costs associated with a pump and haul system can be expensive; however, it appears that this system is the only available option for waste disposal for this property. Board of Supervisors action on this commercial pump and haul permit is requested. CEP/pd Attachments 3049428 RITTER RD FRONT Pump and Haul 3057 434 ROYAL PIKE 103 FRONT 01 RITTER RD BLUE ROYAL PIKE RIDGE LN Permit Request 101 522 BLUE 423 RIDGE LN PIN: RITTER RD 456 87 - A - 64 RITTER RD ST 643 439 RITTER RD 3117 FRONT 01 3046 ROYAL PIKE FRONT ROYAL PIKE 522 3137 3125 FRONT FRONT ROYAL ROYAL PIKE PIKE 3131 FRONT ROYAL PIKE 87 A 64 106 KATHLEEN CT 3171 3134 FRONT FRONT ROYAL PIKE ROYAL PIKE 3148 FRONT 3183 ROYAL PIKE FRONT ROYAL PIKE 110 TERRYS LN 124 TERRYS LN 3197 132 FRONT ROYAL 3201 TERRYS LN PIKE FRONT ROYAL PIKE 168 KATHLEEN CT 3209 FRONT ROYAL PIKE 3200 182 FRONT KATHLEEN CT ROYAL PIKE 3217 FRONT ROYAL PIKE 3233 146 FRONT ROYAL TERRYS LN 193 Applications PIKE KATHLEEN CT 159 Sewer and Water Service Area REARDON RD 3247 Parcels 01 FRONT Building Footprints ROYAL PIKE 3244 522 B1 (Neighborhood Business District) FRONT ROYAL PIKE B2 (General Business District) 01 3253 B3 (Industrial Transition District) 01 FRONT ROYAL 3260 522 EM (Extractive Manufacturing District) Flood PIKE 522 FRONT ROYAL 3256 3259 HE (Higher Education District)PIKE Zone FRONT ROYAL PIKE FRONT M1 (Light Industrial District) Note: M2 (Industrial General District) Pump and Haul Frederick County Dept of MH1 (Mobile Home Community District) Planning & Development I Permit Request MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 87 - A - 64 Winchester, VA 22601 R4 (Residential Planned Community District) 3149 Front Royal Pike 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: July 31, 2017 RA (Rural Areas District) Staff: cperkins RP (Residential Performance District) 0125250500Feet COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment Shipping Containers DATE: May 2, 2018 This is a proposed amendment to Chapter 165 Zoning Ordinance to restrict the use of shipping containers (i.e. pre-fabricated, durable, steel shipping containers, also know as intermodal containers, cargo containers, freight containers, or ISO containers) as accessory storage in certain districts. Shipping containers are typically 8-feet (FT) wide, 8-FT tall and 20-40-FT long. The current zoning ordinance does not specifically address shipping containers, only where tractor trailers may be parked or stored. Staff has drafted a revision to the Zoning Ordinance to prohibit the use of shipping containers as accessory storage in residential (RP, R4, & R5) subdivisions and on rural lots of less than 6-acres. The proposed amendment further restricts shipping containers as accessory storage in business and industrial district to only where they are completely contained within a screened outdoor storage yard and they may not be stacked. The intent of this modification is to further clarify what may be used for structure/storagen area of concern as identified by the Zoning Staff. Six (6) acres lots were determined as the minimum lot size in the RA District where shipping containers could be an accessory structure. The Development Review and Regulations Committee (DRRC) did not want shipping containers allowed as accessory storage on rural subdivision (residential) lots which require a minimum of 5-acres. th This item was discussed by the DRRC at their February 26 regular meeting. Staff had originally proposed restricting the use of shipping containers in all districts, expect where they are used for temporary storage as part of construction activities (to be removed at time of final occupancy). The DRRC proposed changes to SStaff to bring forward to the Planning Commission for discussion a revised text amendment which provide restrictions under certain circumstances (as outlined above). The Planning Commission discussed this text amendment at their April 4, 2018 meeting. A Commission Member commented to clarify if someone puts a shipping container on lots less than 6-acres in the RA District, would it be allowed if put inside a building where it would not be visible or exposed. Staff noted that is correct if contained completely within an enclosed building. A Commission Member commented that he has talked with several people who are curious where the 6-acre amount threshold comes from and Staff noted the 6-acre threshold was determined to be appropriate as residential lots on the RA District are typically only 5-acres and the intent was to restrict the use of shipping containers as accessory storage on residential lots. The Planning Commission unanimously agreed to send the item forward as presented to the Board of Supervisors for discussion. Staff offers the following considerations for further discussion by the Board of Supervisors. Staff original intent in regulating shipping containers as accessory storage was to prohibit the use on residential lots in the RP, R4, R5 and RA Districts. Shipping containers are being increasingly used as accessory storage on residential lots as they are typically very inexpensive, durable, and easy to move. Shipping containers are exempt under the Virginia Statewide Building Code and do not require a building permit to be used as an accessory storage structure. They are not required to be on footers or a concrete foundation or required to meet other building code standards (such as wind load). For accessory structures of more than 250 square feet (SF) a building approximately 320 SF). Shipping containers would not qualify for use as a residence unless they were modified to meet all building code standards. This text amendment only restricts the use of shipping containers as accessory storage structures. Staff has no objection to shipping containers being used as storage on lots of all sizes in the RA District property accessory to a bona fide farm. Staff has not identified shipping containers as storage being a nuisance in business and industrial districts. Shipping containers on industrial property as a mode of transporting goods and products would not be affected by the above proposed regulations, as they would continue to be allowed with manufacturing, distribution and transportation services uses. Parking for tractor trucks, tractor truck trailers and shipping containers are allowed with an approved Conditional Use Permit (CUP) in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts. The attached document shows the proposed ordinance as directed by the DRRC (with bold italic This item is presented for discussion. for text added). Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Citizen Comment Letter, received March 2018 3. Resolution MTK/pd ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 General Provisions §165-101.02 Definitions and word usage Shipping containers pre-fabricated, durable, steel shipping containers, also known as intermodal containers, cargo containers, freight containers, or ISO containers. ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 201 Supplementary Use Regulations §165-201.05. Secondary or accessory uses. G. Shipping containers (i.e. pre-fabricated, durable, steel shipping containers, also known as intermodal containers, cargo containers, freight containers, or ISO containers): 1. Are prohibited as permanent storage or as an accessory use in the RA Rural Areas District on properties of less than six (6) acres, in the RP Residential Performance, R4 Residential Planned Community or R5 Residential Recreational Community Districts. 2. May be allowed only as permanent storage in the RA Rural Areas District only on properties of six (6) acres or more and shall meet the minimum setback for accessory uses and structures and may not be stacked. 3. May be allowed only as permanent storage in all Business and Industrial Zoning Districts only where contained entirely within a screened outdoor storage yard as set forth in §165-201.10 and may not be stacked. From:buckz buckz To:Tyler Klein Subject:3 23 2018 The correct way to do it. Date:Friday, March 23, 2018 12:22:54 PM MotionbyandforalltaxpayersinFrederickCounty. 1)Pre-existingsteelcontainerscannotberemovedfromRUpropertythatarenow(3-8-18)onRU property. 2)ThissubpartdoesnotstopaneyesoreonpropertiesratedRUover6acres.Thisjust thatdo discriminatesagainstthosepropertyownersthathaveRUpropertyunder6acres have properscreeningfromeyesightview. FrederickCountyRegulation165- 3)Thissubpartproposalmentions 201.10 inwhichmostalltruckcompaniesareinsevereviolationof.Itisbasically unenforceableagainstshippingandreceivingcompanies. 165-201.10“Outdoorstorageandprocessing.” “Theoutdoorstorageorprocessingofproducts,equipmentorrawmaterialisallowedinthe businessandindustrialdistrictsorinassociationwithbusinessusesallowedinanyotherzoning districtonlyiftheoutdoorstorageisdirectlyassociatedwiththeprimaryusesoftheproperty.” “A.Insuchcases,theoutdoorstorageorprocessingshallbecompletelyscreenedfromtheview ofroadandstreetright-of-wayfromsurroundingpropertiesbyafence,wallorby .”(thefenceandwallactionDOESNOT screening blockfromviewtheunsightlyitems.) UsingthescreeningmethodsasstatedaboveforsubpartAof165-201.10wouldcuretheeyesore problemforsteelcontainerslocatedinlandratedatRUinFrederickCounty.(Bythewaytruck companiesareinviolationofthisongoing.TakealookattheHomeDepotfacility.HomeDepot hasmany,many,manytrailers,shippingcontainersandstoragecontainersnotproperly screened.TheCountydoesnotenforcethisruleagainstthem.) *WhyisthepurposeoftheCountyofFrederickgoingaftersmallpropertyownersthathavetheir propertyproperlyscreened?Whatisthepurposeofthis?TheCountyboardisstainingoutaNat whileswallowingaCamel. OnMarch15,2018TylerKleinstatedthattreeswouldbecountedasscreeningforproposed screening.Theamountofacreageshouldnotberelevantaslongasthesecontainersare screenedfromview. Thisis Bythisnewproposal,aneyesorecanexistonrurallandofover6deededacres. nottheanswer. Theamountoflandshouldnotbeusedasameasuringstickthat wouldallowaneyesore. istheanswer Clearly,usingscreeningasstatedinsubpartAof165-201.10. Thisistheintelligentanswer.Let’suseTylerKlein’smentalthoughtprocess. Theseregulationsareoppressiveandwithoutactuallysubmittingthemforareferendumvote. Regulationsareguidelines. Thepersonsvotingontheseregulationsarecertainlynotaffectedbythemexceptthattheydonot wanttoseeunsightlyeyesoresorhavecomplaintsaboutsuch. Ashippingcontainerisusedtoshipcontentswithoutbeingunloaded.Theyceasetobea shippingcontainerwhentheyareusedforstoragesuchasparkingcars,storingvaluable equipment.Theyarethenconsideredtobeaunit.Theyaremuchmoresecureandsafethan havingtohaveabuildingconstructed.Theycanbemovedmuchmoreeasily.Safetyand securingpropertyconsiderationsarepoorlyconsidered. Steelcontainersarenowusedforlivingspace.Thusshouldnotbeconsideredashipping containerwhentheyarenotbeingusedforshipping. ItappearsthatIhave8steelcontainersonthelandoflessthan6acresasoftheMarch2018 purchasedate.Myresearchshowedthatnoprohibitionagainstshippingcontainerexistedasof th March8,2018. Iwanttogetridofsomethesteelcontainersandmovethemoutandreplacethemwithnewer containers.Theyarenowhidden. Proposedconsiderations:MaybeallowedaspermanentstorageinallwoodedareainRural District(“screened”)whilescreenedbyscreeningsaidcontainer(s)fromview.Allvehiclesthat arescreened,(screenedbycover)thatarenotregisteredarelegallyparkedinFrederickCounty. Itisclearthatonlandof6acresandabovethataneyesorewillbepermittedtoexistonruralland justbecausethereare6deededacres.Itappearsthatthisregulationispermittinganeyesore withoutscreeningjustbecausethereis6acresofdeededland,whileprohibitingallotherlesser Countythathaverealscreeningandcannotbe areasinFrederick seen (andthusnoobservableeyesore).Itappearsthatsomeoneisgettingabenefit. Alloftheshippingandreceivingtruckandtrailerdepotswillbeinviolationofsubpart3inthat noneofthescreeningintheiroutdoorstorageblocksfromviewthesubjectmatter.Noneofthem screenfromsighttheshippingcontainerthatissteelcontainersandtrailers.Getreadytodoa highamountofenforcement. Bylawanyoneallreadyhavingsteelcontainersinexistenceontheirpropertycannotbeaffected byanewoppressiveordinancethatisnowbeingproposed. Theintelligentthingtodowouldbetopermitapaidemployeewithexpertiseandknowledgeto observeandrecommendscreeningmethodstopreventeyesoresfromdevelopingonruralland inFrederickCountyusingthemeasuringstickasstatedinsubpartAof165-201.10 TaxPayerHenryNewproposedaddonforregulation165-201.05Gchangethatdoesitall: SteelcontainersarepermittedonRAruralpropertybased onhavingproperscreeningfromeyesightasstatedinthe guidelinelaidoutinsubpartAof165-201.10tobe administeredbyTylerKline. Please disseminate to Planning Commissioners in an expeditious manner: Roads Marstan, Greg Unger, and all other Planning Commissioners that are involved in the new writing of the new regulation 165-201.05 G Please disseminate to Tyler Kline, and all Board of Supervisor Frederick County: Gary Lofton, Chuck De Haven, Doug McCarthy, Bob Wells, Blain Dunn, Shannon Trout, Judith Slaughter. BHenry 194AbbyLane Strasburg,Virginia22657 ____________________________ Action: BOARD OF SUPERVISORS: May 9, 2018 RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS §165-101.02 DEFINITIONS & WORD USAGE ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 201 SUPPLEMENTARY USE REGULATIONS §165-201.05 SECONDARY OR ACCESSORY USES WHEREAS, an ordinance to amend Chapter 165, Zoning to prohibit the use of shipping containers as accessory storage in residential (RP, R4 & R5) subdivisions and on rural lots of less than 6 acres. The proposed amendment further restricts shipping containers as accessory storage in business and industrial districts to only where they are completely contained within a screened outdoor storage yard and they may not be stacked was considered. WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed this text amendment at their February 26, 2018 meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on April 4, 2018 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 9, 2018; and PDRes #17-18 -2- WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to restrict the use of shipping containers as accessory storage on residential lots, including supplemental use regulations that would correspond to the use. Passed this 9th day of May 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Blaine P. Dunn Shannon G. Trout Robert W. Wells Judith McCann-Slaughter A COPY ATTEST ______________________________ Kris C. Tierney Frederick County Administrator PDRes #17-18