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HomeMy WebLinkAboutApril 11 2018 Regular Meeting Minutes11. MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 11, 2018 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S, DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P. Dunn; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout; and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Michael T. Ruddy, Director of Planning and Development; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Planner and Ann W. Phillips, Deputy Clerk to the Board of Supervisors CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Vice Chairman Lofton delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor McCarthy led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor McCarthy, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, the consent agenda was adopted on a voice vote. -Minutes: Budget Work Session of March 28 2018 -CONSENT AGENDA APPROVAL -Minutes: Meeting of March 28, 2018 -CONSENT AGENDA APPROVAL -Minutes: Budget Work Session of April 4, 2018 -CONSENT AGENDA APPROVAL -Transportation Committee Report (Appendix 1) - CONSENT AGENDA APPROVAL Resolution for Employee of the Month Jonathan D. Beckley -CONSENT AGENDA APPROVAL FREDERICK COUNTY EMPLOYEE OF THE MONTH JONATHAN D. BECKLEY WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 201S County of Frederick, Virginia 1 established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors upon recommendation by the Human Resources Committee selects one employee from those nominated; and, WHEREAS, Jonathan D. Beckley who serves as a Correctional Officer II with the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and, WHEREAS, On January 20, 2018, Officer Beckley was supervising a Nurse Sick Call with an inmate. During the sick call, the Nurse removed the inmate's sock and discovered a plastic baggie containing a white rock looking substance. Officer Beckley immediately called the on - duty Watch Commander and went to where the inmate was housed to assist in searching the inmate's living space to ensure there were no other drugs or items the inmates are not permitted to have in their possession. While searching the inmate's bed area, Officer Beckley discovered papers containing the same drug found previously during the sick call. Officer Beckley immediately confiscated the papers and maintained custody of them until he could pass them to be secured in the evidence safe. Officer Beckley's dedication, perseverance, and follow-through helped ensure the safety and security of the facility and ensured that the illegal drugs stemming from this incident were removed from the facility; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 11`h day of April 2018, that Jonathan D. Beckley is hereby recognized as the Frederick County Employee of the Month for April 2018; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Jonathan D. Beckley for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Jonathan D. Beckley is hereby entitled to all of the rights and privileges associated with his award. .... + + ..... -Resolution of Opposition to Expanded Medicaid in Virginia -CONSENT AGENDA APPROVAL RESOLUTION IN OPPOSITION TO MEDICAID EXPANSION IN THE COMMONWEALTH OF VIRGINIA WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, is gravely concerned about the proposed expansion of Medicaid, specifically the financial implications at the local level and WHEREAS, the best available estimates project an increase in Medicaid cases in Frederick County to be somewhere between 2,500 and 3,000 new cases, and WHEREAS, based on those projections, Frederick County would be forced to substantially increase staffing within the Department of Social Services with the anticipated annual cost for this new staffing being in excess of $390,000, exclusive of the expenses to establish office space to house this additional staffing, and WHEREAS this additional staffing is needed to make caseloads more manageable because it is anticipated that the number of Medicaid cases per case worker will increase by over 200 cases for current staff members and WHEREAS, our concerns and frustrations are further magnified by the fact that Frederick County is attempting to finalize the annual County budget, but the General Assembly has failed to resolve this issue which significantly impacts our local budget, and WHEREAS, without any financial assistance or cost sharing from the State, this program will be yet another unfunded mandate thrust upon local governments with our citizens left to pay the bill, NOW, THEREFORE, BE IT RESOLVED THAT the County of Frederick is opposed to the expansion of the Medicaid Program in the Commonwealth of Virginia, and BE IT FURTHER RESOLVED THAT as the General Assembly prepares to vote on this important issue, we, the Frederick County Board of Supervisors, urge you to consider the significant local impact of Medicaid expansion and BE IT FINALLY RESOLVED THAT ultimately, should the decision be made to expand Medicaid, it is imperative that the Commonwealth include funding to assist the localities that will be forced to administer the program. . + + + + + + + + CITIZEN COMMENTS -None BOARD OF SUPERVISORS COMMENTS - None Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County of Frederick, Virginia N COUNTY OFFICIALS: COMMITTEE APPOINTMENTS Mr. Tibbs noted that staff will be forwarding some recently received applications for the position on the Board of Building Appeals. PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO JONATHAN D. BECKLEY Chairman DeHaven and Vice Chairman Lofton presented the Employee of the Month Award to Jonathan D. Beckley. REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Mr. Tierney explained there were two requests for refunds that have been reviewed by the County Attorney, Supervisor Slaughter moved for approval of and corresponding supplemental appropriations for the refund request by Shenandoah Refrigeration, Inc. for $3.283.76, and by Duncan H. Pollitt for $3,946.74. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye + + + + + + . + + + + + Supervisor Trout stated she wants to disclose for the record, relative to the following item and pursuant to the State and Local Government Conflict of Interests Act, that she is employed by Frederick County Public Schools as a teacher and therefore is a member of a group who is or may be affected by the item, and that she is able to participate in the transaction fairly, objectively, and in the public interest. ADOPTION OF FISCAL YEAR 2018-2019 BUDGET AND APPROPRIATIONS AND SETTING OF 2018 TAX RATES —APPROVED Supervisor Slaughter moved that that the Board adopt a real estate tax rate and, as to aircraft, a personal property tax rate, as follows: $0.61 per $100 of assessed value on real estate; $0.01 per $100 of assessed value on aircraft having a registered empty gross weight equal to or greater than 20,000 pounds that are not owned or operated by scheduled air carriers recognized under federal law; and $0.50 per $100 of assessed value on all other aircraft. Supervisor Wells seconded the motion. Vice Chairman Lofton said a lot of hard work has been put in the budget, He said he is in favor of the increased airplane tax but he will be voting against the proposed real estate tax Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County of Frederick, Virginia increase. Supervisor Trout said that although she is in favor of the tax increase, she would not support the budget because it does not meet the needs of the community. She said the one cent increase is not enough to fully fund the school division's budget, the sheriffs budget, or address the capital needs. She referenced the many constituents who came before the Board asking for investment in the community. Supervisor Trout said that this budget not only does not address the needs, it sets the County up for failure in the future as the growing community surpasses the current infrastructure. She concluded saying the proposed budget is not proactive but reactive and will cause the quality of life to decline in the future. The motion setting the tax rates for 2018 carried on the following roll call vote: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. "Grout No Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Mr. Tierney explained there were two proposed budget resolutions: one enclosed in the agenda packet, and the alternate version prepared following the April 9, 2018, budget work session. He said the figures in the two versions vary somewhat in how the funds are appropriated, and in the funds budgeted for school operating expenses with the newer alternate version of the resolution calling for $865,000 less than the previous version. Mr. Tierney said the third difference in the versions is the newer alternate specifies $2.3 million for school capital costs. Supervisor Slaughter moved for approval of the alternate version of the budget resolution for 2018-2019 as agreed by consensus of the Board at the April 9, 2018, work session. Supervisor Wells seconded the motion. Vice Chairman Lofton said hard work had gone in to the budget resolution and he is in favor of the increased spending on capital needs. He said that since had voted against the tax increase, he would abstain from voting on the budget resolution. Supervisor Dunn said the alternate budget resolution increases school funding by 5.36% and $8.5 million over last year and is an attempt to bridge competing interests. He said the community is growing and asked that it be recognized that this budget is an increase in school funding that addresses capital needs as expressed by the School Board. Supervisor Slaughter thanked those involved in the budget process including Supervisor McCarthy and Chairman DeHaven for contacting School Board Chairman Dr. Lamanna, and Supervisor Dunn for his spreadsheet work. She said the budget has evolved and noted that the General Assembly has not yet concluded the state budget process which will affect Frederick County, Supervisor Slaughter noted that the question of Medicaid expansion in Virginia has yet to be decided and that the County may be facing an unfunded mandate. She referenced the schools' capital needs saying the alternate budget calls for an additional $2.3 million for school capital projects in addition to $8 million more in operating funds than last year. She concluded saying that the alternate budget addresses most of the public safety needs and has a reduction in the use of fund balance in comparison to last year. Supervisor McCarthy said the alternate budget is far from perfect adding that the Board hears from two constituencies: those who favor a tax increase and those who are opposed to a tax Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County of Frederick, Virginia 338 increase. He said that all agree that there are school buildings falling into disrepair. He continued saying that though the proposed budget offers less in school operating funds, there is still an increase over the current year, adding that before new programs are started the current capital needs should be addressed. Supervisor McCarthy said that he had been opposed to a tax increase, but after hearing the comments about school maintenance he supports the increase because the capital needs will be met. He encouraged the School Board to use leftover funds at year end toward maintenance expenses and said he looked forward to a better working relationship with the School Board in the future, especially as the issue of Aylor Middle School is addressed. The motion for adoption of the alternate budget resolution was carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout No Gary A. Lofton Abstain Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter . Aye WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 28, 2018, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2018-2019 Fiscal Year as advertised in The Winchester Star on March 19, 2018, be hereby approved in the amount of $426,399,578, BE IT FURTHER RESOLVED that the County of Frederick budget for the 2018-2019 fiscal year be adopted and the funds appropriated as follows: General Operating Fund $181,468,228 Regional Jail Fund 22,789,176 Landfill Fund 7,502,138 Division of Court Services Fund 562,348 Shawneeland Sanitary District Fund 1,085,091 Airport Operating Fund 1,646,442 Lake Holiday Sanitary District Fund 779,998 EMS Revenue Recovery Fund 1,522,400 Economic Development Authority Fund 603,483 School Operating Fund 168,455,680 School Debt Service Fund 14,966,405 School Capital Projects Fund 3,300,000 Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County offrederick, Virginia School Nutrition Services Fund 8,000,493 School Textbook Fund 4,261,037 NREP Operating Fund 5,491,659 NREP Textbook Fund 65,000 Consolidated Services/Maintenance Fund 3,600,000 School Private Purpose Funds 300,000 BERFURTHER RESOLVED that the Board ofSupervisors of the County ofFrederick, Virginia, does herein adopt the tax rates for the 2018 assessment year as follows: Property Taxes — Rates per $100 of assessed value $0.61 Applied to real estate, including mobile homes $4.86 ~' App|iedtope�ona property including business equipment $2.25 Applied topersonal property onone vehicle tn volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department $0.01 Applied toaircraft having a registered empty gross weight equal toorgreater than 2O,0OO pounds that are not owned oroperated by scheduled air carriers recognized under federal law $0.50 Applied to all other aircraft Zero tax Applied to antique vehicles and mopeds $2{0 Ondeclining values tobeapplied to machinery and tools. The declining values are 6O%for year one, 50Wfor year two, 40%for year three, and 30%for year four and all subsequent years. $2.00 Onapportioned percentage ufbook values to be applied to Contract Carrier Vehicles and equipment Minute Book Numbera Board ofmupervisomRegular Meeting axpri//x.zom County ^rFrederick, Virginia Business and Professional Occupational License Rates Contractors $U.l6per $1OOofgross receipts Retail $[.lOper VI0Oofgross receipts Financial, Real Estate, and Professional $0.58 per$1OO of gross receipts Services Repair, personal and business services $0.36 per $10Oofgross receipts and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale $O.05per $100ofpurchases The tax rates for other businesses and occupations specificaUy|istod in the County Code are also unchanged. Other General Taxes Meals tax 4% of gross receipts Transient Occupancy tax 2.5% of gross receipts Vehicle License Taxes $25 per vehicle and $10 per motorcycle Sanitary Landfill Fees $50 Per ton for commercial/industrial $45 Per ton for construction demolition debris $20 Per ton for municipal waste $38 Per ton for municipal sludge $15 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $560 Improved Lots Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbulldab1eLot Minute Book Number 43 Board mSupervisors Regular Meeting ofApril n.20m County ofFrederick, Virginia Lots owned by Lake Holiday Country Club, Inc. $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $45 annually Green Acres $25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance insurance fund, development project fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, Forfeited Assets Program, and Four -For -Life, Fire Programs and Economic Incentive funds equal to the total cash balance on hand at July 1, 2018, plus the total amount of receipts for the fiscal year 2018-2019. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2018. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2018, are re -appropriated to the 2018-2019 fiscal year to the same department and account for which they are encumbered in the 2017-2018 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2018. + + + i ........ COMMITTEE BUSINESS — None PUBLIC BEARINGS (Non Planning Issues) - None PLANNING COMMISSION BUSINESS Public Bearings CONDITIONAL USE PERMIT 403-18 for TRUMPET VINE FARM LLC - APPROVED Submitted for Establishment of a Special Event Facility in the Rat (Rural Areas) Zoning District. The Property is Located at 266 Vaucluse Road, Stephens City, Virginia and is Identified with .Property Identification Number 85-A-6C in the Back Creek Magisterial District, Planner Tyler Klein said the request is for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings or other similar type events and such special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. He said the Applicant, Trumpet Vine Farm, has been operating a special event facility for weddings and other events since 2012 under the County's annual Festival Permit process, and currently has an approved Festival Permit (approved by the Board of Supervisors on March 14, 2018), which will be superseded by this CUP application. Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County of Frederick, Virginia 4 Mr. Klein said the proposed use will take place on an existing 68-acre property, which includes a single-family detached residence, open outdoor pavilion with retractable sides, a storage building, and a gravel parking area to accommodate guests/visitors. He said the special event center will be accessed via a private driveway from Vaucluse Road (Route 638). Mr. Klein continued saying portable restroom facilities will be provided for special events, and in the future, the Applicant may also construct permanent restroom facilities and a larger enclosed space for indoor events. He said the property is surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. Mr. Klein noted the Board of Supervisors added "special event facilities" to the conditional use list for the County's Rural Areas Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism, and the proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan. Mr. Klein said that should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by ]Frederick County prior to the establishment of the use. 3. A commercial entrance, including recordation of a sight distance easement, should be permitted and complete within one (1) year approval of this CUP. 4. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5. Events may accommodate up to and not to exceed 450 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Supervisor Slaughter inquired about the consequence of the CUP if the applicant were not able to get the sight -distance easement mentioned in the VDOT comment. Mr. Klein said this issue is covered by the applicant agreeing to follow all review agency comments where conditions are specified. He said that if the easement were not granted, then the matter would be brought back to the Board for revocation of the permit. Mr. Spears, the applicant, said he is working on the easement issue. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of Conditional Use Permit #03-18 for Trumpet Vine Farm, LLC. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon C. Trout Aye Gary A. Lotion Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County of Frederick, Virginia 43 ORDINANCE CONDITIONAL USE PERMIT #03-18 TRUMPT VINE FARMS SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #03-18 for a Special Event Facility, submitted by Trumpet Vine Farms was considered. The subject property is generally located south of the Town of Stephens City, about 2 miles south of Route 11, on Vaucluse Road (Route 638) and is further identified with Property Identification Number 85-A-6C, in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Pernut on April 4, 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 April 11, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #03-18 for a Special Event Facility on the parcel identified by Property Identification Number 85-A-6C with the following conditions: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use, 3. A commercial entrance, including recordation of a sight distance easement, should be permitted and complete within one (1) year approval of this CUP. 4. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5. Events may accommodate up to and not to exceed 450 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7, Any expansion or modification of this use will require the approval of a new CUP. + + + + + + + + + + + + SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT ROY AND LORETTA MCDONALD 364 CARSON LANE — APPROVED T'o Consider Adding Additional Parcels into the South Frederick Agricultural and Forestal District identified with Property Identification Numbers 84-A-47B, 84-A-49B, 84-A-49G, 84-A-48A, 84-A- 48 and 85-A-3A in the Back Creek Magisterial District. SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT JASON AND JENNIFER MCDONALD, 388 VAUCLUSE ROAD — APPROVED To Consider Adding Additional Parcels into the South FrederickAgricultnral and Forestal District identified with Property Identification Numbers 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D and 84- A-53E in the Back Creek Magisterial District. Zoning & Subdivision Administrator Mark Cheran said there were two requests from family members to add a total of 11 parcels to the South Frederick Agricultural and Forestal District which was established in 1980, He said the most recent renewal of this District occurred in October 2017 with 6,248.71+/- acres contained in the District currently. Mr. Cheran said the :Planning Commission unanimously recommended that the I Iparcels be added to the South Frederick Agricultural and Forestal District. He concluded saying should both requests be approved by the Board of Supervisors, the South Frederick Agricultural and Forestal District would total 6,776,32+/- acres, Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton said he appreciated the applicants being good stewards and preserving agricultural land by placing it in the District. He moved for approval of adding six Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County or Frederick, Virginia 14 parcels at 364 Carson lane to the South Frederick Agricultural and Forestal District. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ORDINANCE ADDITION TO THE SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT WHEREAS, an addition to the 2015-2020 South Frederick Agricultural & Forestal District was considered. Roy and Loretta McDonald desire to add six (6) parcels identified by Property Identification Numbers 84-A-47B, 84-A-48, 84-A-48A, 84-A-49B, 84-A-49G and 85-A-3A to the South Frederick Agricultural & Forestal District located in the Back Creek Magisterial District. This request was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this addition on January 23, 2018; and WHEREAS, the Planning Commission held a public hearing on this addition to the 2015-2020 South Frederick Agricultural & Forestal District on March 7, 2018 and recommended approval of this addition; and WHEREAS, the Board of Supervisors held a public hearing on this addition to the 2015- 2020 South Frederick Agricultural & Forestal District on April 11, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the addition to the 2015-2020 South Frederick Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts the addition to the 2015-2020 South Frederick Agricultural & Forestal District of 351.89+ acres in the Back Creek Magisterial District, with an expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the attached map dated 12/19/17 and the attached property owners table dated 12/19/17. This ordinance shall be in effect on the day of adoption. Vice Chairman Lofton moved for approval of adding five parcels at 388 Vaucluse Road to the South Frederick Agricultural and Forestal District. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ORDINANCE ADDITION TO THE SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT WHEREAS, an addition to the 2015-2020 South Frederick Agricultural & Forestal District was considered. Jason and Jennifer McDonald desire to add five (5) parcels identified by Property Identification Numbers 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D, and 84-A-53E to the South Frederick Agricultural & Forestal District located in the Back Creek Magisterial District. This request was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District. Advisory Committee (ADAC) recommended approval of this addition on January 23, 2018; and WHEREAS, the Planning Commission held a public hearing on this addition to the 2015-2020 South Frederick Agricultural & Forestal District on March 7, 2018 and recommended approval of this addition; and WFIEREAS, the Board of Supervisors held a public hearing on this addition to the 2015-2020 South Frederick Agricultural & Forestal District on April 11, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the addition to the 2015-2020 South Frederick Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts the addition to the 2015-2020 South Frederick Agricultural & Forestal District of 175.81± acres in the Back Creek Magisterial District, with an expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the attached map dated 12/19/17 and the attached property owners table dated 12/19/17, This ordinance shall be in effect on the day of adoption. Minute Book Number 43 Board of Supervisors Regular Meeting of April 11,2018 County of Frederick, Virginia +++++++ . . ... Other Planning Business WAIVER FOR MASTER DEVELOPMENT PLAN #01-18 CARRAUGH BUSINESS CENTER -APPROVED The Applicant intends to develop 107.21 acres of land zoned MI (Light Industrial) and is seeking a waiver of§144-24(C) of the Subdivision Ordinance to allow for the future division of lots with access provided by private streets extending from Renaissance Drive. Planner 'Tyler Klein said the applicant seeks to develop 107.21 acres of land zoned Ml (Light Industrial) for the purposes of developing light industrial and warehousing uses and the Master Development Plan (MDP) also includes dedication of 60 feet (FT) of right-of-way (ROW) along Shady Elm Road (Route 651), 20 FT of ROW along future Renaissance Drive (extended), a maximum of two (2) commercial entrances along Renaissance Drive and buffering and screening. He said the applicant is seeking a waiver of § 144-24(C) of the Subdivision Ordinance to.allow for the future division of tots with access provided by private streets extending from Renaissance Drive. Mr. Klein continued saying the Master Development Plan for Carbaugh Business Center appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. He said it is also in conformance with the proffers for the approved Rezoning 404-17. The Planning Commission did not have any comments on the MDP and recommended approval of the waiver request. Vice Chairman Lofton asked for verification that if further subdivision occurred, the resulting lots would remain zoned M1 Light Industrial and not residential. Mr. Klein verified that statement. Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, the waiver request was approved on a roll call vote as follows: Blaine P. Bunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye + + + + + + + + + + + + ORDINANCE AMENDMENT — SOLAR (PHOTOVOLTAIC) ENERGY FACILITIES - RETURNED TO PLANNING DEPT. FOR ADDITIONAL REVIEW This is a proposed amendment to Chapter 165 — Zoning Ordinance to add solar (photovoltaic) power generating facilities (i. e. solar farms) to the conditional use list for the RA (Rural Areas) Zoning District. The intent of this modification is to provide additional opportunities for uses in the County's Rural Areas that preserve the rural and agricultural integrity of these areas and are consistent with the goals and strategies outlined in the 2035 Comprehensive Policy Plan. Planner Tyler Klein said the proposed amendment to Chapter 165 — Zoning Ordinance to add solar (photovoltaic) power generating facilities (i.e. solar farms) to the conditional use list for the RA (Rural Areas) Zoning District. He said currently, public utility generating facilities are allowed by -right in the RA Zoning District, and solar generating energy facilities are typically privately -owned and thus do not fall under the definition of a "public utility." Mr. Klein said staff has drafted a revision to the Zoning Ordinance to include a definition for a "solar Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County of Frederick, Virginia (photovoltaic) energy facility," provided supplementary use regulations, and revised the conditional uses use list for the RA Zoning District to allow solar energy facilities with an approved Conditional Use Permit (CUP). He added the intent of this modification is to provide additional opportunities for uses in the County's Rural Areas, that preserve the rural and agricultural integrity of these areas and are consistent with the goals and strategies outlined in the 2035 Comprehensive Policy Plan. Mr. Klein said this item was discussed by the Development Review and Regulations Committee (DRRC) at their July 27, 2017, August 24, 2017 and September 28, 2017 regular meetings and the DRRC recommended solar energy facilities be included in the RA Zoning District as a by -right use. He continued saying the Planning Commission discussed this item on November 15, 2017 and agreed with the proposed text amendment from the DRRC. Mr. Klein said the Board of Supervisors discussed this item on January 10 and February 14, 2018, and following the Board of Supervisors discussion in February, Staff was directed to amend the text amendment to specify solar energy facilities may be allowed in the RA District with an approved Conditional Use Permit. The reason for this change as discussed by the Board is to allow adjacent property owners and the general public to provide comment on the consideration of a potential solar power generating facility. Mr. Klein concluded saying Staff was seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment, noting the item could be directed to a public hearing should the Board of Supervisors deem it to be appropriate. The Board discussed the requirement of a CUP for individual properties, the minimum acreage requirement and the possibility of requiring a surety bond as part of the CUP to provide for clean up work in the case of a solar farm being abandoned. Chairman DeHaven noted that the CUP is tied to the property and may not be a good vehicle for addressing abandonment issues. Supervisor Slaughter said that other localities require a surety bond so that the County does not have to front the money to pay for clean-up of an abandoned solar farm. The Board, Mr. Tierney, and County Attorney Rod Williams discussed options for addressing protecting the County in the case of a solar farm being abandoned, and further discussed determining the definition of abandonment. Mr. Tierney noted that a CUP is granted in perpetuity and the administration of such a requirement may be burdensome. The Board and staff discussed the difference between a surety bond and the more often used option of placing a lien on a property when the County must expend resources to address an issue. By consensus, the Board agreed to send the matter back to Planning Department Staff with direction to review options for addressing the surety bond or lien issue, the definition of abandonment, and a way for the owner to pay the cost in the case of abandonment, Mr. Tierney noted the difficulty of determining when an abandoned solar farm has reached the point of being such a nuisance that it would necessitate tax payer dollars being spent for remediation. BOARD LIAISON REPORTS - None Minute Book Number 43 Board! of Supervisors Regular Meeting of April 11, 2018 County of Frederick, Virginia CITIZEN COMMENTS Beth Shalap, Back Creek District, said a petition has been delivered to the County Administration office which requests that Mountain Falls Park subdivision become a County - administered sanitary district. She said there has been mismanagement at the Wild Acres POA, which had been handling road maintenance issues, and the POA no longer has the finances to do the job even though the membership dues were raised 33 andl/3 percent on January 1, 2018. She requested the Board begin the process to determine the necessary cost estimates for each developed and undeveloped lot to become part of the sanitary district. Vice Chairman Lofton said the state law has changed and there is no clear process for this request. He said he has been discussing the issue with County Staff and the matter may be on the next meeting agenda. Joy Kirk, Frederick County Education Association president and Back Creek District resident, thanked the Board and staff for the work on the budget. She thanked the Board for the one cent tax increase adding that it is not enough. She said the schools will now have to choose between teaching the students and having a roof over their heads. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn said next year's budget will be more interesting because the new elementary school will need to be funded. He said the budget process is a long arduous process with competing interests and expressed hope that other options for funding will be found. Supervisor Trout said she has forwarded an idea about surveying constituents to find out their priorities before the next budget process. Supervisor McCarthy thanked Mr. Tierney and his staff, including the Finance Department staff, for their work on the budget preparation. Supervisor Wells said in working on the budget no one gets everything he wants, and the process involves picking and choosing. He said he heard a need to come together as one community, and he thanked the County Staff for the work on the budget. n �arrlrre�� On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 8:12 P.M. Minute Book Number 43 Board of Supervisors Regular Meeting of April 11, 2018 County of Frederick, Virginia BOS Minutes of April 11, 2018—Appendix 1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director -Transportation RE: Transportation Committee Report for Meeting of March 26, 2018 D T rh2 8 The Transportation Committee met on Monday, March 26, 2018 at 8:30 a.m. Members Present Gary Lofton Chairman (voting) Judith McCann -Slaughter (voting) James Racey (voting) Gary Oates (liaison PC/voting) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Barry Schnoor (voting) 'Items Not Requiring Board Action- 1. Roebuck Lane Petition: Staff received a petition from several residents who reside on Macbeth Lane (private lane) requesting the paving of Ruebuck Lane (state road). The Committee discussed the improvements of Ruebuck Lane to be added to the next Secondary Road Improvement Plan stopping at Macbeth Lane to increase the score for rustic paving treatment that is used to pave unpaved roads in the Secondary Road Improvement Plan. Staff will review the right-of-way. Upon motion by Ms. Judith McCann -Slaughter, seconded by Mr. Gary Oates, the Committee recommended that Staff included Ruebuck Lane in the next update of the Secondary Road Improvement Plan. 2. NWO Work Program: Staff provided a brief overview and provided clarity of the Winchester Frederick Metropolitan Planning Organization (MPO) work programs for the coming year, The Committee discussed the potential studies or plans in long-range planning work programs. It was recommended that Staff present to the MPO Technical Advisory Committee as follows in prioritized order: 1. Route 7 2. Route II North 3. Lenoir Drive 4. Exit 313-Route 50/Route 522 S. Hopewell Road/Cedar Hill Road spilt interchange 3. County Project Updates Minute Book Number 43 Board of Supervisors Regular Meeting of04/11118 County of Frederick, Virginia Tevis Street Extension/Airport Road/1-81 Bridge: VDOT has authorized Staff to proceed with a roundabout design with some clarifications to the 60% design. A meeting was held with the Department of Historic Resources (DHR), VDOT and the Shenandoah Valley Battlefield Foundation to clarify and dispose of comments received as part of the state environmental review process. The Board of Supervisors approved the draft agreement for the Northern Y which was discussed at the last Transportation Committee meeting and has been forwarded for execution. Renaissance Drive: Survey work on the site is complete and discussions are ongoing with FirstEnergy regarding powerline adjustments needed to accommodate the bridge. More details on the timelines and commitments required by FirstEnergy are expected this week. Boring locations for the Geotech study are being staked and the Geotech study is expected to be completed in early April. Upon completion of the Geotech, design begins in earnest and 30% bridge designer has provided some preliminary options. Staff is awaiting a response from CSX regarding the design review agreement. Coverstone Drive: No activity currently. Juba] Early Drive Extension and Interchange with Route 37: No activity currently. 4. IJneominiz Agenda Items: April MPO Route 11 South Stars Study update Mav Begin Interstate, Primary, and Secondary Road Plan updates (dependent on VDOT projections becoming available) TBD Oakdale Crossing Traffic Calming Study 5. Other Business: Upcoming C'TB hearing JAB/ks M ute Book Number 43 Board of Supervisors Regular Meeting of 04/11/18 County of Frederick, Virginia Charles S. DeHaven, Jr. Chairman, Board of Supervisors � " 7 — �eq 71: ris,p . Tie -� Clerk, Board of Supervisors Minutes Prepared By:a. AAnn W. Phillips Deputy Clerk, Board of Supervisors Minute Hook Number 43 Board of Supervisors Regular Meeting of 04/11/18 County of Frederick, Virginia